[HISTORY: Adopted by the Board of Supervisors
of the Township of Washington as indicated in article histories. Amendments
noted where applicable.]
GENERAL REFERENCES
Council of governments — See Ch. 12.
[Adopted 12-6-1976 by Ord. No. 55]
This Township together with Washington Township Municipal Authority ("Township Authority") shall enter into a Sewage Transportation Agreement (the "agreement"), with the Borough of Waynesboro, Franklin County, Pennsylvania (the "Borough") and Waynesboro Borough Authority (the "Borough Authority") substantially in the form referred to in § 35-2 under terms and provisions of which agreement this Township and/or Township Authority shall covenant and agree to make certain payments to the Borough; under terms and provisions of which agreement the Borough will covenant and agree to provide certain sewage services to this Township and/or Township Authority relating to certain portions of the Township described therein; and under terms and provisions of which agreement the Borough and Borough Authority, on the one hand, and this Township and Township Authority, on the other hand, will agree with respect to certain related matters.
The agreement shall be substantially in the
form presented to this meeting, together with changes approved by
the officers of this Township executing and delivering the same, said
approval to be deemed to have been given upon said execution and delivery
thereof, which form is approved; and a copy of the agreement, in the
form so presented to this meeting and so approved, shall be filed
with the Secretary of this Township and shall be made available for
inspection at reasonable times by interested persons requesting such
inspection.
The Chairman of the Board of Supervisors and the Secretary of this Township are authorized and directed to execute, to attest and to deliver the agreement, in behalf of this Township, substantially in the form approved in § 35-2.
Proper officers of this Township are authorized
and directed to execute all documents and to do all other acts as
may be necessary and proper to carry out this article and the undertakings
of this Township under the agreement.
It is declared that enactment of this article
is necessary for the protection, benefit and preservation of the health,
safety and welfare of the inhabitants of this Township.
[Adopted 12-19-2005 by Ord. No. 199]
The caption and preamble of this article set
forth above are incorporated herein by reference.[1]
[1]
Editor's Note: The caption and preamble may be found on the
original legislation.
This political subdivision hereby approves entering
into the agreements, copies of which are 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 Washington Township shall be bound by the agreements.
The Chairman of the Board of Supervisors and
Secretary or the Chairman, acting alone, are hereby authorized and
directed on behalf of Washington Township Supervisors to execute and
deliver the agreements; and to execute and deliver such additional
instruments, and to take such further actions, as may be necessary
or appropriate to carry forth the agreements and the transactions
to be effected under the agreements, including payment to the PMHIC
and CRIT of such amounts as are due by Washington Township pursuant
to the agreements.
All actions of any officer, agent or other representative
of Washington Township heretofore taken in the pursuit of the Township's
participation in PMHIC and CRIT are hereby ratified and approved in
all respects.
The Washington Township Supervisors hereby authorize
the Township Manager and Township Secretary to take such other action
as may be necessary or appropriate to carry out the purposes of this
article and of the agreements.
As required by the Pennsylvania Intergovernmental
Cooperation Act,[1] the following matters are specifically found and determined:
A.
The conditions of the agreements are set forth in
the agreements.
B.
Washington Township shall participate in the PMHIC
for an initial term of three years from the date that they first elected
to purchase benefits through PMHIC. Thereafter, termination of the
agreement shall be as further set forth therein. Washington Township
shall participate in the trust created by CRIT for an initial term
of three years. All renewal terms shall be as set forth in the trust.
C.
The purpose and objectives of the agreements are as
set forth in the preamble of this article and in the agreements.
D.
The manner and extent of financing the agreements
are that:
(1)
No
borrowing will be required by Washington Township;
(2)
Funds
to implement the Washington Township's obligations under the agreements
same shall come from normal and usual budgeted general funds for such
matters; and
(3)
Other
provisions governing the manner and extent of the financing of the
PMHIC and CRIT shall be as set forth in the agreements.
E.
PMHIC shall be managed by its Board of Directors pursuant
to the terms of the PMHIC agreement, and CRIT shall be managed by
its Board of Trustees pursuant to the terms of the CRIT agreement.
F.
All property, real or personal, of the PMHIC and CRIT,
shall be acquired, managed, licensed or disposed of by the PMHIC and
CRIT in accordance with the terms of the respective agreements.
G.
PMHIC and CRIT 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 respective agreements.
[1]
Editor's Note: See 53 Pa.C.S.A. § 2301 et seq.
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.
