[Adopted 6-3-2013 by Ord.
No. 04-2013]
The caption and preamble of this article set forth above are
incorporated herein by reference.[1]
[1]
Editor's Note: The full text of Ord. No. 04-2013, including
the caption and preamble, is on file in the Borough offices.
This political subdivision 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
this political subdivision shall be bound by the agreement and shall
join and participate in the trust.[1]
[1]
Editor's Note: Said agreement is on file in the Borough offices.
The President or Vice President of the governing body, acting
alone or together with the Secretary or Assistant Secretary, are hereby
authorized and directed on behalf of the political subdivision:
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 trust of such amounts as are due by the political subdivision
pursuant to the agreement.
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 for a minimum
initial term of two years as set forth in the agreement.
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 in any court, or any rights acquired or liability
incurred, or any cause of action existing prior to the enactment of
this article.
