This political subdivision hereby approves entering into the
agreement, a copy of which is attached as the official copy of this
article and incorporated into this article 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 this political subdivision
shall be bound by the agreement and shall join and participate in
the trust; provided, however, that if the Pennsylvania Department
of Labor and Industry (the "Department") requires any material changes
to the agreement as a condition to the Department's approval of the
trust, then the revised agreement shall again need the approval of
this political subdivision, but no such additional approval shall
be needed in the event of nonmaterial changes to the agreement as
required by the Department.
The President or Vice President of the governing body, acting
alone or together with the Manager-Secretary or Assistant Manager-Secretary,
is hereby authorized and directed on behalf of the political subdivision:
A. To execute
and deliver the agreement;
B. To execute
and submit to the Department such documents and information (including,
without limitation, any statements of intent to join the trust) as
are necessary or appropriate in connection with the trust's application
for approval by the Department; and
C. 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 trust of such amounts as are due by the political subdivision
pursuant to the agreement.
The political subdivision reserves the right to withdraw from
the trust (and, upon such withdrawal, the actions and approvals as
set forth above shall be void) if the approval of the trust by the
Department is not obtained by June 30, 1996, so that the trust may
become effective in accordance with the agreement.
All actions of any officer, agent or other representative of
the political subdivision heretofore taken in the pursuit of the establishment
of the trust and/or the political subdivision's participation therein
are hereby ratified and approved in all respects.
The governing body of the political subdivision 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 political subdivision shall participate in the trust at least
until December 31, 1997, and the term of the agreement, including
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 political subdivision;
(2) Funds
to implement the political subdivision'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
trust shall be as set forth in the agreement;
E. The trust shall be managed by its own Plan Committee and Board of
Trustees pursuant to the terms of the agreement;
F. All property, real or personal, of the trust shall be acquired, managed,
licensed or disposed of by the trust in accordance with the terms
of the agreement; and
G. The trust created by the agreement shall be empowered to enter into
contracts for policies of group insurance and employee benefits, including
social security, pursuant to the terms of the agreement.
Nothing contained in this article shall be construed to affect
any suit or proceeding pending in any court or any rights acquired
or liability incurred or any cause of action existing prior to the
enactment of this article.