[HISTORY: Adopted by the Board of Supervisors of the Township of Washington as indicated in article histories. Amendments noted where applicable.]
Council of governments — See Ch. 12.
Article I Sewage Transportation Agreement
Article II PMHIC and CRIT
[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.
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, the following matters are specifically found and determined:
The conditions of the agreements are set forth in the agreements.
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.
The purpose and objectives of the agreements are as set forth in the preamble of this article and in the agreements.
The manner and extent of financing the agreements are that:
No borrowing will be required by Washington Township;
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
Other provisions governing the manner and extent of the financing of the PMHIC and CRIT shall be as set forth in the agreements.
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.
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.
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.
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.