The caption of this article is set forth above and incorporated herein.
This Borough hereby approves entering into the Pennsylvania Municipal
Health Insurance Cooperative (PMHIC) (for purposes of this article, "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 the ordinance
establishing this article was enacted), with the intent and effect that the Borough shall be bound by
the agreement.
The Council President or Council Vice President, acting alone or together
with the Secretary or Assistant Secretary, is hereby authorized and directed
on behalf of the Borough to execute and deliver the agreement, and 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 pursuant to the agreement.
All actions of any officer, agent or other representative of this Borough
heretofore taken in the pursuit of the establishment of the PMHIC and/or the
Borough's participation therein, are hereby ratified and approved in all respects.
The Carlisle Borough Council is hereby authorized to take such other
action as may be necessary or appropriate to carry out the purposes of this
article and of 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. This Borough shall participate in the PMHIC for an initial
term of three years from the date that it first elected to purchase benefits
through PMHIC. Thereafter, termination of the agreement shall be as further
set forth therein.
C. The purpose and objectives of the agreement are as set
forth in 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;
(2) Funds to implement the Borough'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.
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.
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.