Township of Upper Burrell, PA
Westmoreland County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Board of Supervisors of the Township of Upper Burrell as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Officers and employees — See Ch. 29.
Pensions — See Ch. 33.
[Adopted 12-30-1991 by Ord. No. 8-1991]

§ 50-1 Annual compensation.

Each supervisor of Upper Burrell Township elected or appointed to office on or after November 5, 1991 shall receive compensation as a supervisor in the annual amount of $1,500.

§ 50-2 Monthly installment payments.

Such compensation shall be paid in monthly installments.

§ 50-3 Effective date.

This article shall be effective January 1, 1992.
[Adopted 12-3-2014 by Ord. No. 4-2014]

§ 50-4 Agreement adopted.

A. 
The Township adopts the Restated Trust Agreement and agrees to participate in the Trust in accordance with the amended and updated terms of the Restated Trust Agreement and that the Chairman of the Board of Supervisors and Secretary of the Township are hereby authorized to sign the Restated Trust Agreement and any other agreements necessary for the Township's participation in the Trust.
B. 
The Restated Trust Agreement is on file for inspection and review at the Township's Municipal Building at 3735 Seventh Street Road, Upper Burrell, PA 15068. The Restated Trust Agreement may be subsequently modified or amended in accordance with its terms, but in no event shall such modifications or amendments divert any of the trust funds from the purposes of the Trust. The Township may withdraw from the Trust in accordance with the Restated Trust Agreement, including if the Board of Supervisors determines the modifications or amendments are not in the best interests of the Township.

§ 50-5 Purpose.

The participation of the Township in the Trust is authorized for the purpose of pooling resources for the purpose of providing unemployment compensation insurance for participating employers at reasonable cost.

§ 50-6 General conditions for participation.

As set forth in greater detail in the Restated Trust Agreement and as otherwise stated herein, the following conditions apply to the participation of the Township in the Trust:
A. 
Each participating employer must meet the admission and eligibility requirements set forth therein;
B. 
Each participating employer agrees to pay all contributions when due as provided in the Restated Trust Agreement or as otherwise established by the Board of Trustees; and
C. 
Each participating employer complies with all other conditions of the Restated Trust Agreement.

§ 50-7 Agreement to participate; withdrawal.

The Township agrees to participate in the Trust and may withdraw for any reason and in accordance with the Restated Trust Agreement provided that it has fulfilled all its financial obligations to the Trust upon withdrawal.

§ 50-8 Effective date of agreement and participation.

The effective date of the Township's agreement to and joinder in the Restated Trust Agreement and the participation of the Township in the Trust pursuant to the terms of the Restated Trust Agreement will be December 8, 2014.

§ 50-9 Delegation of powers.

Each participating employer delegates to the Board of Trustees the powers enumerated in the Restated Trust Agreement.

§ 50-10 Organization.

The organizational structure of the Trust shall consist of a Board of Trustees. Under the Restated Trust Agreement, the Board of Trustees is authorized to, among other things, enter into contracts with third parties to perform various services necessary for the administration of the Trust.

§ 50-11 Provision of funds for operation.

The funds required for the operation of the Trust shall be provided by the participating employers through scheduled appropriations as determined by the Board of Trustees.

§ 50-12 Insurance and benefits.

The Trust is empowered to enter into contracts for policies of group insurance and employee benefits, including Social Security, for employees of the Trust, if any.

§ 50-13 Compliance with terms.

As a condition of participating in the Trust, the Township agrees to comply with all of the terms and conditions in the Restated Trust Agreement.

§ 50-14 Certified copy of article.

The Secretary of the Township shall provide a certified copy of this article upon its enactment to the Board of Trustees of the Trust.

§ 50-15 Additional actions.

The Secretary of the Township is hereby authorized to take any and all such other actions as may be necessary or appropriate to carry out the purposes of this article and comply with the requirements of the attached Restated Trust Agreement[1] and any duly adopted amendments thereto.
[1]
Editor’s Note: A copy of the Restated Trust Agreement is on file in the Township offices.

§ 50-16 Duration of participation.

The duration of the term of the Township's participation in the Trust and obligations under the Restated Trust Agreement shall continue until withdrawal from the Trust by the Township in accordance with the terms of the Restated Trust Agreement.

§ 50-17 Findings.

The Board of Supervisors hereby specifically finds and determines as follows:
A. 
The conditions of the intergovernmental cooperative agreement are set forth in the Restated Trust Agreement incorporated by reference herein.
B. 
The Township shall participate in the Trust in accordance with the Restated Trust Agreement until it withdraws by giving notice to the Board of Trustees in accordance with the terms of the Restated Trust Agreement.
C. 
The purpose and objectives of the intergovernmental cooperative arrangement, including powers and scope of authority delegated to the Board of Trustees, are set forth in the incorporated Restated Trust Agreement.
D. 
The manner and extent of financing of the agreement are that funds to implement the Township's obligations under the agreement shall come from the normal and usual budgeted amounts for Township employee compensation and employee benefits and no borrowing is anticipated to be required.
E. 
The Trust shall be managed by the Board of Trustees pursuant to the terms of the Restated Trust Agreement.
F. 
All assets and property, real or personal, of the Trust shall be titled to, acquired, managed, licensed or disposed of by the Trust, and its Board of Trustees, in accordance with the terms of the Restated Trust Agreement.
G. 
The Trust, in accordance with the Restated Trust Agreement, shall be empowered to enter into contracts for policies of group insurance and employee welfare benefits to be offered to participating employers for their eligible employee and dependents.

§ 50-18 Severability.

The provisions of this article are severable and in the event that any provision is held invalid, void, illegal, or unconstitutional by any court, it is the intent of the Board of Supervisors that such determination by the court shall not affect or render void the remaining provisions of this article. It is the declared intent of the Board of Supervisors that this article would have been enacted if any provision subsequently declared to be void, invalid, illegal or unconstitutional had not been included at the time of enactment.

§ 50-19 Rights and liabilities.

Nothing in this article shall be interpreted to affect any rights or liabilities of the Township, or to affect any cause of action, existing prior to the enactment of this article.

§ 50-20 When effective.

This article shall take effect five days from the date of adoption.

§ 50-21 Statutory authority.

This article is being enacted pursuant to the provisions of the Pennsylvania Intergovernmental Cooperation Law, Act of July 12, 1972, No. 180, as amended, 53 Pa.C.S.A. §§ 2301 et seq.