The caption and preamble of this article set
forth above are incorporated herein by reference.
The Borough of Pen Argyl 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 the Borough of Pen Argyl shall be bound by the agreement.
The President or Vice President of the Borough
Council of the Borough of Pen Argyl, acting alone or together with
the Secretary or Assistant Secretary, is hereby authorized and directed
on behalf of the Borough of Pen Argyl:
A. To execute and deliver the agreement; and
B. 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 LVIC of such amounts as are
due by the Borough of Pen Argyl pursuant to the agreement.
All actions of any officer, agent or other representative
of the Borough of Pen Argyl heretofore taken in the pursuit of the
establishment of the LVIC and/or the Borough of Pen Argyl's participation
therein, are hereby ratified and approved in all respects.
The Borough Council of the Borough of Pen Argyl
is hereby authorized to take such other action as may be necessary
or appropriate to carry out the purposes of this article and the agreement.
As required by the Pennsylvania Intergovernmental
Cooperation Act, the following matters are specifically found and determined:
A. The conditions of the agreement are set forth in the
agreement;
B. The Borough of Pen Argyl shall participate in the
LVIC 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 Borough of Pen
Argyl;
(2) Funds to implement the Borough of Pen Argyl's obligations
under the agreement 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 LVIC shall be as set forth in the agreement.
E. The LVIC shall be managed by its Board of Directors
pursuant to the terms of the agreement;
F. All property, real or personal, of the LVIC shall
be acquired, managed, licensed or disposed of by the LVIC in accordance
with the terms of the agreement; and
G. The LVIC 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.
Nothing contained in this article shall be construed
to affect any suit or proceeding in any court, or any rights acquired
or liability accrued, or any cause of action existing prior to the
enactment of this article.