[Adopted 1-5-2015 by Ord. No. 2015-01]
A.
The Chairman of the Board of Supervisors and Secretary of the Township
are hereby authorized to sign and execute the Restated Trust Agreement
and any other agreements necessary for the Township's participation
in the trust and to acknowledge the Township's acceptance of the Restated
Trust Agreement.
(1)
The Restated Trust Agreement is on file for inspection and review
at the Township's offices at 1745 Granite Station Road, Gettysburg,
Pennsylvania 17325. 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.
B.
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.
C.
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:
(1)
That each participating employer must meet the admission and eligibility
requirements set forth therein;
(2)
That 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
(3)
That each participating employer complies with all other conditions
of the Restated Trust Agreement.
D.
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.
E.
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
is retroactively approved to be as of July 16, 2014.
F.
Each participating employer delegates to the Board of Trustees the
powers enumerated in the Restated Trust Agreement.
G.
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.
H.
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.
I.
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.
J.
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.
K.
The Secretary of the Township shall provide a certified copy of this
section upon its enactment to the Board of Trustees of the trust.
L.
The Board of Supervisors 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 section and comply with the requirements
of the attached Restated Trust Agreement[1] and any duly adopted amendments thereto.
[1]
Editor's Note: Said agreement is on file in the Township offices.
M.
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.
N.
The Board of Supervisors hereby specifically finds and determines
as follows:
(1)
The conditions of the intergovernmental cooperative agreement are
set forth in the Restated Trust Agreement incorporated by reference
herein.
(2)
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.
(3)
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.
(5)
The trust shall be managed by the Board of Trustees pursuant to the
terms of the Restated Trust Agreement.
(6)
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.
(7)
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.
O.
The provisions of this section 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 governing body that such determination
by the court shall not affect or render void the remaining provisions
of this section. It is the declared intent of the governing body that
this section 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.
P.
Nothing in this section 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 section.
Q.
This section shall become effective immediately upon its enactment.
This section 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.
[Added 1-5-2015 by Ord. No. 2015-02]
A.
The Chairman of the Board of Supervisors and Secretary of the Township
are hereby authorized to sign and execute the Restated Trust Agreement
and any other agreements necessary for the Township's participation
in the trust and to acknowledge the Township's acceptance of the Restated
Trust Agreement.
(1)
The Restated Trust Agreement is on file for inspection and review
at the Township's offices at 1745 Granite Station Road, Gettysburg,
Pennsylvania 17325. 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.
B.
The participation of the Township in the trust is authorized for
the purpose of offering high quality pension and retirement plans
at a reasonable cost to the Township and its employees.
C.
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:
(1)
That each participating employer must meet the admission and eligibility
requirements set forth therein;
(2)
That 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
(3)
That each participating employer complies with all other conditions
of the Restated Trust Agreement.
D.
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.
E.
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 retroactively approved as of October 15, 2014.
F.
Each participating employer delegates to the Board of Trustees the
powers enumerated in the Restated Trust Agreement.
G.
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.
H.
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.
I.
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.
J.
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.
K.
The Secretary of the Township shall provide a certified copy of this
section upon its enactment to the Board of Trustees of the trust.
L.
The Board of Supervisors 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 section and comply with the requirements
of the Restated Trust Agreement and any duly adopted amendments thereto.
M.
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.
N.
The Board of Supervisors hereby specifically finds and determines
as follows:
(1)
The conditions of the intergovernmental cooperative agreement are
set forth in the Restated Trust Agreement incorporated by reference
herein.
(2)
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.
(3)
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.
(5)
The trust shall be managed by the Board of Trustees pursuant to the
terms of the Restated Trust Agreement.
(6)
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.
(7)
The trust in accordance with the Restated Trust Agreement shall be
empowered to enter into contracts for the creation and administration
of group and/or individual pension and retirement plans to be offered
to participating employers for their eligible employee and dependents.
O.
The provisions of this section 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 section. It is the declared intent of the Board
of Supervisors that this section 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.
P.
Nothing in this section 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 section.
Q.
This section shall become effective immediately upon its enactment.
This section 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.
