HomeMy WebLinkAboutRes - 2006.17 - Authorizing the Execution of a Fifth Amended and Restated Joint Powers Agreementt,.,,'
RESOLUTION NO. 2006.17
A RESOLUTION OF THE BOARD OF DIRECTORS OF EAST VALLEY
WATER DISTRICT APPROVING THE FORM OF AND AUTHORIZING THE
EXECUTION OF A FIFTH AMENDED AND RESTATED JOINT POWERS
AGREEMENT AND AUTHORIZING PARTICIPATION IN THE SPECIAL
DISTRICT RISK MANAGEMENT AUTHORITY'S PROPERTY AND LIABILITY
PROGRAM
WHEREAS, East Valley Water District, a special district duly organized
and existing under and by virtue of the laws of the State of California (the
Agency"), has determined that it is in the best interest and to the advantage of
the Agency to participate for at least three full years in the property and liability
program offered by the Special District Risk Management Authority (the
Authority"); and
WHEREAS, California Government Code Section 6500 et seq., provides
that two or more public agencies may by agreement jointly exercise any power
common to the contracting parties; and
WHEREAS, Special District Risk Management Authority was formed in
1986 in accordance with the provisions of California Government Code 6500 et
seq., for the purpose of providing its members with risk financing and risk
management programs; and
WHEREAS, California Government Code Section 990.4 provides that a
local public entity may self-insure, purchase insurance through an authorized
carrier, or purchase insurance through a surplus lines broker, or any combination
of these; and
WHEREAS, participation in Special District Risk Management Authority
programs requires the Agency to execute and enter into a Fifth Amended and
Restated Joint Powers Agreement (the "Amended and Restated JPA
Agreement"); which states the purpose and powers of the Authority; and
WHEREAS, all acts, conditions and things required by the laws of the
State of California to exist, to have happened and to have been performed
precedent to and in connection with the consummation of the transactions
authorized hereby do exist, have happened and have been performed in regular
and due time, form and manner as required by law, and the Agency is now duly
authorized and empowered, pursuant to each and every requirement of law, to
consummate such transactions for the purpose, in the manner and upon the
terms herein provided.