The caption and preamble of this article set forth above are
incorporated herein by reference.
The Board of Commissioners hereby authorizes the Township to
apply to the PMHIC Board of Directors for membership in the cooperative
and, upon acceptance, 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 Township of Lower
Merion shall be bound by the agreement.
The President of the Board of Commissioners, acting together
with the Township Secretary, is hereby authorized and directed on
behalf of the Township of Lower Merion i) to execute and deliver the
agreement, and ii) 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 political subdivision pursuant to 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 Township of Lower Merion shall participate in the PMHIC for an
initial term of three years from the date the agreement is executed
by the Township. 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 the
preamble of this article and in the agreement.
D. The manner and extent of financing the agreement are that i) no borrowing
will be required by the Township, ii) funds to implement the Township's
obligations under the agreement shall come from normal and usual budgeted
amounts for such matters, and iii) 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.
The provisions of this article are severable, and if any section,
sentence, clause or part or provision hereof shall be held to be illegal,
invalid or unconstitutional by any court of competent jurisdiction,
such decision of the court shall not affect the remaining sections,
clauses, parts or provisions of this article. It is hereby declared
to be the intent of the Township that such article would have been
enacted if such illegal, invalid or unconstitutional section, sentence,
clause, part or provision had not been included herein.
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.