Township of Bethlehem, PA
Northampton County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Board of Commissioners of the Township of Bethlehem as indicated in article histories. Amendments noted where applicable.]
[Adopted 4-1-2002 by Ord. No. 4-02]

§ 36-1 Agreement to cooperate.

The Township of Bethlehem hereby agrees to intergovernmentally cooperate with the Association of Municipal Subdivisions of the Township of Forks, Township of Palmer, Township of Williams, Township of Lower Nazareth, Borough of West Easton, Borough of Wilson, City of Easton, and County of Northampton, known as the "Two Rivers Council of Governments." No function, power, or responsibility of the Township of Bethlehem will be exercised through intergovernmental cooperation with other member municipalities unless authorized and approved by Resolution of the Board of Commissioners of the Township of Bethlehem.

§ 36-2 Indefinite term established.

[Amended 3-6-2006 by Ord. No. 01-06]
The Township of Bethlehem agrees to participate in the Two Rivers Council of Governments for an indefinite term and until such time as it withdraws therefrom in accordance with the provisions of § 36-11.

§ 36-3 Township bound by agreement.

The Township of Bethlehem shall enter into an agreement entitled "Two Rivers Council of Governments Joint Municipal Agreement of Intergovernmental Cooperation Pursuant to Title 53 Pa.C.S.A. § 2303(B)," a copy of which is attached hereto and incorporated herein by reference, with the intent and effect that the Township of Bethlehem shall be bound by the agreement.

§ 36-4 President and Secretary authorized to execute.

The President and Secretary of the Board of Commissioners of the Township of Bethlehem are hereby authorized and directed on behalf of the Township of Bethlehem to execute and deliver the agreement.

§ 36-5 Authorization of Board of Commissioners to take action.

The Board of Commissioners of the Township of Bethlehem 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.

§ 36-6 Purpose.

The purpose of the Association of Municipal Subdivisions known as the "Two Rivers Council of Governments" is to provide for the elected officials of the member municipalities a means of frequent communication, education, and a vehicle for action in solving regional problems. The Board of Commissioners of the Township of Bethlehem hereby pledges its support of such purpose and further agrees to jointly cooperate in the exercise or in the performance of its respective governmental functions, power, and responsibilities. This pledge of intergovernmental cooperation shall not, without further amendment to this article, be construed as to delegate or transfer any functions, powers, or responsibilities to another local government or to the Two Rivers Council of Governments.

§ 36-7 Membership fee.

Each member shall pay the sum of $250 per year as a membership fee. This sum shall be expended pursuant to the bylaws of the Two Rivers Council of Governments.

§ 36-8 Council Board of Directors.

A Board of Directors consisting of one member from each of the respective member municipalities shall implement the purpose and objectives of the attached agreement of intermunicipal cooperation. The Board of Directors may adopt bylaws, which shall be ratified by resolution of each member municipality. The Two Rivers Council of Governments Board of Directors shall not take any action in furtherance of intermunicipal cooperation without the unanimous approval of all member municipalities by written resolution of each and every of their respective governing bodies.

§ 36-9 Acquisition of property.

The Two Rivers Council of Governments shall not acquire real or personal property without the unanimous consent of all member municipalities by written resolution of each and every of their respective governing bodies.

§ 36-10 Entrance into contracts for policies.

The Two Rivers Council of Governments shall not be empowered to enter into contracts for policies of group insurance, employee benefits, including social security, and shall not employ full or part-time employees without the unanimous consent of all member municipalities by written resolution of each and every of their respective governing bodies.

§ 36-11 Withdrawal from Council.

[Amended 3-6-2006 by Ord. No. 01-06]
The Township of Bethlehem may withdraw from the Two Rivers Council of Governments by giving 30 days prior written notice to each member municipality and by repealing this article.
[Adopted 12-6-2004 by Ord. No. 08-04]

§ 36-12 Caption and preamble.

The caption and preamble of this article set forth above are incorporated herein by reference.[1]
[1]
Editor's Note: The caption of Ord. No. 08-04 read as follows:
AN ORDINANCE AUTHORIZING BETHLEHEM TOWNSHIP, NORTHAMPTON COUNTY, PENNSYLVANIA, TO JOIN WITH OTHER POLITICAL SUBDIVISIONS AS A MEMBER OF THE PENNSYLVANIA MUNICIPAL HEALTH INSURANCE COOPERATIVE (PMHIC), TO ENTER INTO AN INTERGOVERNMENTAL COOPERATION AGREEMENT FOR THE PURPOSE OF JOINING THE PMHIC AND TO PARTICIPATE AS A MEMBER OF THE PMHIC
The preamble of Ord. No. 08-04 read as follows:
PREAMBLE
A number of political subdivisions within central Pennsylvania have investigated whether it would be mutually beneficial to cooperate with each other in obtaining employee benefit insurance
A plan has been presented to establish the Pennsylvania Municipal Health Insurance Cooperative (the "PMHIC") for the purpose of collectively purchasing employee benefits insurance.
The PMHIC will be established pursuant to an intergovernmental cooperation agreement entitled "The Pennsylvania Municipal Health Insurance Cooperative Agreement" ("the Agreement").
Pursuant to the Pennsylvania Intergovernmental Cooperation Act, 53 Pa.C.S.A. § 481 et seq., a municipality may enter into an intergovernmental cooperation agreement upon the passage of an ordinance by its governing body.

§ 36-13 Approval of agreement.

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), with the intent and effect that this political subdivision shall be bound by the agreement.

§ 36-14 Execution of agreement.

The President or Vice President of the governing body, acting alone or together with the Secretary or Assistant Secretary, are hereby authorized and directed on behalf of the political subdivision, to execute and deliver the agreement, and 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 PMHIC of such amounts as are due by the political subdivision pursuant to the agreement.

§ 36-15 Ratification of actions.

All actions of any officer, agent or other representative of this political subdivision heretofore taken in the pursuit of the establishment of the PMHIC and/or the political subdivision's participation therein, are hereby ratified and approved in all respects.

§ 36-16 Authorization of action to carry out 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.

§ 36-17 Findings.

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 PMHIC for an initial term of three years. All renewal terms shall be as further set forth therein.
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 same 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 PMHIC shall be as set forth in the agreement.
E. 
The PMHIC shall be managed by its Board of Directors pursuant to the terms of the agreement.
F. 
All property, real or personal, of the PMHIC, shall be acquired, managed, licensed or disposed of by the PMHIC in accordance with the terms of the agreement.
G. 
The PMHIC created by the agreement shall be empowered to enter into contracts for policies of group insurance and employee benefits pursuant to the terms of the agreement.
[1]
Editor's Note: See 53 Pa.C.S.A. § 2301 et seq.

§ 36-18 Construal of provisions.

Nothing containing 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.