HomeMy WebLinkAboutResolutions 88-339 N.C.S. 10/03/1988_ - ,..
~es®lUtl®rl N®. 88-339 N.C.~.
of the City of Petaluma, California
RESOLUTION OF THE CITY OF PETALUMA APPROVING AND RATIFYING AMENDMENT
TO THE JOINT POWERS AGREEMENT CREATING THE CALIFORNIA JOINT POWERS
INSURANCE AUTHORITY
WHEREAS, The City of Petaluma has executed the Joint Powers
Agreement creating the California Joint Powers Authority, and is a member
thereof, and
WHEREAS, The Board of Directors of the California Joint Powers
Insurance Authority met and approved a proposal to amend Articles IV, XVIII
and XIX of the Agreement to read as attached as Exhibit A,
-THEREFORE, BE IT RESOLVED that the Amendments to the Joint
Powers Agreement as attached are adopted.
Under the power and authority conferred upon this Council by the Charter of said City.
REFERENCE: I hereby certify the foregoing Resolution was introduced and adopted by the Approved a,$ to
Council of the Cjty of Petaluma at a (OgCut1O) erdjc#i~~~~~~eeting fo i/`~ ,
on the .................---r..... day of .....................-........-...........................--., 19--....-., by the ; - :'
..--..-._-.-- r-r----
following vote: Attor~e~;.'
a
AYES: Cavanagh, Tencer, Sobel, Woolsey, Balshaw, Vice Mayor Davis
Mayor Hilligoss
NpES: None
ABSENT: ne ~ .
-- ~ ~.~,~
ATTEST: -•----•--:..~ .....................................................~~~~?``.wy --~~~ .. - -. -.... ..
City Clerk Mayor
Council File ....................................
CA 10-85 1~~5. N~~ .............8~-3.3n~s.
~;~~asa~r ~.
.ARTICLE IV
PARTIES TO AGREEMENT.
Each. party of this Agreement certifies that it intends to, and
does contract with, all other parties who are signatories of this
Agreement. and, in add-ton, with such other parties as may later
be added as parties to, and signatories of, this Agr-.eement
pursuant to ARTICLE XVIII. Each-. party to this Agreement :also
certifies; that the deletion of any party from this Agreement,
,pursuant to ARTICLE XIX or XX, shall not affect this Agreement
' nor the remaining parties.' intent. to contract as described above
with the other par"t-~es to the Agreement then. remaining. Each
party to this~Actreement must at all, times participate. in at
least one pooled self-insurance lamer ~of the Auto and General
Labil°ty Program as d'ef fined ~in_-Article XI of -the ByLaws
i fF'
~~
~'
1
;•~
r
~1~
ARTICT~E X~7III
NEW,:BERS
The- Boar-d ;shall review •a1T new member applications and determine
which entites.shall be ~aceepted for participation in each layer
of each of the Authority"' s Programs., except when rejected by one
third or more of th.e Member Entities in any .Layer of any~Program
in which the prospective member applies to participate.
Entities enter-ng under this. Article shah be required to pay
the=ir share. of organizational expenses as determined by the
Board.:, nclud-ng thos_e necessary to analyze their loss data and
determine their premiums.
ARTICLE XIX
WITHDRAWAL
A, A Member Entity which enters. any Pooled Coverage
•Program or~any `layer°thereof shall not withdraw from that Program.
or. any• hayer or as a~ party to this Agreement for a three-year
period commencing with its entrance into~'said Program.
B. At the con~clus~o;n ~ of t-he initial three=yea-r '
noncancellable commitment. to any Pooled Coverage Proctram or any,
layer-'(s~) of a Pooled Coverage Pr-ogram a .Member Entity shall
coast°nue to participate with successive. two-year non'cancellabTe
commitments unt'1-such time as withdrawal, put-suant to Sectio-n C,
is ..e'f'fected..
C. After the ntia•1 three.-year 'noncancellable commitment
to `any l:ayer(s) of a :Pooped Co~,era`ge, Program a Member 'Entity may
withdraw from..sad layer•(s°) only at the. end of. said Pooled
Coverage Program's ,Program Year,, provided it has -given the
Authority a s°ix-month written note_ce of its intent to withdraw
• from said layer{s+), ,and further provided that the.. proposed
withdrawal date co'inc`ides with the end of_the 'Member Entity's
current noncancellable commtment..a~- A.Member Entity may withdraw
from a `Pooled ~COverage Program only. upon it_s withdrawal from al
• l:ayers,of such Pooled Coverage Program.
D. Any :Member Entity which witted-taws as a participant o"f •
-any Program .pursuant: to Section C. of this 'ARTICLEshall riot be •
reconsidered'for three years from the Member -Entity's w=thdrawal.
E. Notwthsta~ndng any provision herein to the contra`ry no
Member may `withdraw _from 'the Liability program entirely and
remain a Member of the _.Authorty°.
{:.
~~
WHEREAS, this„agency is in accord with the amendments,
find's. "them to be compatible with the ,general. purposes of -the
entire agreement, and finds that they "should be adopted;
NOW THEREFORE BE IT. RESOLVED that. this agency hereby
approves and rat°if~es the action taken by -other members to make
such amendments.,ef,fect.we,hereby adopts. such- amendments, and
authorizes, execut_o_n on behalf of this agency of~ any further
instrument constituting an amendment. of the agreement, or the
entire agr-cement as amended, or other. appropriate form of
instrument tendered-. fbr s':gnature and fit``"ng. to make effective
`the -provisions of A-rticles hV., XVIII: and XIX o;f the Joint Powers
Agreement in, the. form approved above..
Dated?: