[HISTORY: Adopted by the Borough Council of the Borough of
Catasauqua as indicated in article histories. Amendments noted where
applicable.]
[Adopted 9-3-2013 by Ord. No. 1292]
The caption and preamble of this article set forth above are
incorporated herein by reference.[1]
[1]
Editor's Note: The preamble to Ord. No. 1242 stated as
follows:
"A. A number of political subdivisions within Lehigh County,
Pennsylvania, have investigated whether it would be mutually beneficial
to cooperate with each other in obtaining workers' compensation
insurance.
B. The Susquehanna Municipal Trust (the "Trust") has been
established for the purpose of (i) seeking the prevention or lessening
of claims due to injuries of employees of the Trust's members
and (ii) pooling workers' compensation and occupational disease
insurance risks, reserves, claims and losses and providing self-insurance
and reinsurance therefor.
C. The Trust is established pursuant to an intergovernmental
cooperation agreement entitled the 'Susquehanna Municipal Trust
- Trust Agreement' ('the Agreement').
D. Pursuant to the provisions of Chapter 23, Subchapter A,
Intergovernmental Cooperation, of the General Local Government Code,
53 Pa.C.S.A. § 2301 et seq. (Intergovernmental Cooperation
Law), a municipality may enter into an intergovernmental cooperation
agreement upon the passage of an ordinance by its governing body."
This political subdivision hereby approves entering into the
agreement, a copy of which is attached hereto and incorporated herein
by reference (and which shall be filed with the minutes of the meeting
at which this article was enacted),[1] with the intent and effect that this political subdivision
shall be bound by the agreement and shall join and participate in
the trust.
[1]
Editor's Note: A copy of the agreement is on file in
the Borough offices.
The President or Vice President of the governing body, acting
alone or together with the Secretary or Assistant Secretary, is hereby
authorized and directed on behalf of the political subdivision:
A.
To execute and deliver the agreement; and
B.
To execute and deliver such additional instruments, and to take such
further actions, as may be necessary or appropriate to carry forth
the agreement and the transactions to be effected under the agreement,
including payment to the trust of such amounts as are due by the political
subdivision pursuant to the agreement.
The governing body of the political subdivision is hereby authorized
to take such other action as may be necessary or appropriate to carry
out the purposes of this article and of the agreement.
As required by the Pennsylvania Intergovernmental Cooperation
Act,[1] the following matters are specifically found and determined:
A.
The conditions of the agreement are set forth in the agreement.
B.
This political subdivision shall participate in the trust for a minimum
initial term of two years as set forth in the agreement.
C.
The purpose and objectives of the agreement are as set forth in the
preamble of this article and in the agreement;
D.
The manner and extent of financing the agreement are that:
(1)
No borrowing will be required by the political subdivision;
(2)
Funds to implement the political subdivision's obligations under
the agreement shall come from normal and usual budgeted amounts for
such matters; and
(3)
Other provisions governing the manner and extent of the financing
of the trust shall be as set forth in the agreement.
E.
The trust shall be managed by its own Plan Committee and Board of
Trustees pursuant to the terms of the agreement.
F.
All property, real or personal, of the trust shall be acquired, managed,
licensed or disposed of by the trust in accordance with the terms
of the agreement.
G.
The trust created by the agreement shall be empowered to enter into
contracts for policies of group insurance and employee benefits, including
social security, pursuant to the terms of the agreement.
[1]
Editor's Note: See 53 Pa.C.S.A. § 2301 et seq.
The provisions of this article are severable, and if any section,
sentence, clause or part or provision hereof shall be held to be illegal,
invalid or unconstitutional by any court of competent jurisdiction,
such decision of the court shall not affect the remaining sections,
clauses, parts or provisions of this article. It is hereby declared
to be the intent of the political subdivision that such article would
have been enacted if such illegal, invalid or unconstitutional section,
sentence, clause, part or provision had not been included herein.
Nothing contained in this article shall be construed to affect
any suit or proceeding in any court, or any rights acquired or liability
incurred, or any cause of action existing prior to the enactment of
this article.
This article shall become effective immediately upon enactment
hereof.
