[Adopted 7-5-2006 by Ord. No. 620, approved 7-5-2006]
The caption and preamble of this article set forth above are incorporated herein by reference.[1]
[1]
Editor's Note: The preamble is on file in the Borough offices.
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 PMHIC 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 PMHIC 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,[1] 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 PMHIC 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 PMHIC shall be as set forth in the agreement.
E. 
The PMHIC shall be managed by its Board of Directors pursuant to the terms of the agreement;
F. 
All property, real or personal, of the PMHIC shall be acquired, managed, licensed or disposed of by the PMHIC in accordance with the terms of the agreement; and
G. 
The PMHIC 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.
[1]
Editor's Note: See 53 P.S. § 481 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 accrued, or any cause of action existing prior to the enactment of this article.