1983-07-18 - Resolution 1983-24 - AUTHORIZING MEMBERSHIP IN THE CONTINUATION OF THE INTERGOVERNMENTAL RISK MANAGEMENT AGENCY RESOLUTION NO. 83- 24
A RESOLUTION AUTHORIZING MEMBERSHIP IN THE CONTINUATION
OF THE INTERGOVERNMENTAL RISK MANAGEMENT AGENCY
WHEREAS, Section 10 of Article VII of the Illinois Constitution
of 1970 authorizes units of local government to contract or otherwise
associate among themselves in any manner not prohibited by law or by ordinance;
and
WHEREAS, Chapter 127, Section 741 , et seq. , Illinois Revised
Statutes , entitled the "Intergovernmental Cooperation Act," authorizes
public agencies to exercise any power or powers, privileges or authority
which may be exercised by such public agency individually to be exercised
and enjoyed jointly with any other public agency in the State; and
WHEREAS, the Intergovernmental Cooperation Act in Section 746
in furtherance of the provisions contained within Article VII , Section 10
of the Constitution authorizes an intergovernmental contract which among
other undertakings allows public agencies to jointly self-insure and
authorizes each public agency member of the contract to utilize its funds
to protect, wholly or partially, any public agency member of the contract
against liability or loss in the designated insurable area; and
WHEREAS, units of local government within Illinois have found it
increasingly difficult to purchase insurance from commercial sources and
where such insurance is available, the cost of such coverage often exceeds
the ability of the units of local government to pay for such insurance; and
WHEREAS, local public entities and public employees as defined in
Chapter 85, Section 1 -101 , et seq. , Illinois Revised Statutes, known as
the "Governmental and Governmental Employees Tort Immunity Act" are granted
substantial defenses and immunities against wrongful or negligent acts; and
WHEREAS, Chapter 85, Section 9-103, Illinois Revised Statutes,
provides that to the extent that a local public entity purchases commercial
insurance it waives within the limits of said policy the defenses and
immunities provided for by said Local Governmental and Governmental Employees
Tort Immunity Act; and
WHEREAS, to the extent that the payment of any claim or judgment
would be made directly from municipal revenues held within a mutual risk
management pool , the units of local government united by way of joint passage
of this Ordinance desire to reestablish for themselves and their officers
and employees the full range of defenses and immunities granted in Chapter 85;
and
WHEREAS, prior to 1979, a large number of local governmental entities
undertook a series of studies to determine the feasibility of entering into
an Intergovernmental Risk Management Pool and concluded that the creation
of such a Pool was financially and administratively feasible; and
WHEREAS, since January 1 , 1979, the Intergovernmental Risk Manage-
ment Agency has successfully served the needs of an expanding membership; and
WHEREAS, the existing members of IRMA and some new members are
desirous of continuing the Agency in existence through the passage of
resolutions or ordinances approving a combined Contract and By-Laws for such
continuing Agency; and
WHEREAS, the stated purposes, organizational and procedural
structures contained within that Contract and By-Laws represent positions shared
by this public body; and
WHEREAS, the corporate authorities of this public body find that it
is in the best interest of its citizens that it become a member of the
continuing Intergovernmental Risk Management Agency.
NOW, THEREFORE, BE IT RESOLVED BY THE PRESIDENT AND BOARD OF TRUSTEES
OF THE VILLAGE OF BUFFALO GROVE, COOK AND LAKE COUNTIES, ILLINOIS, as follows :
SECTION 1 . That the Village President and Village Clerk are hereby
authorized to execute on behalf of the municipality the Contract and By-Laws
of the Intergovernmental Risk Management Agency. A copy of the Contract and
By-Laws is appended to and made a part of this Resolution as Appendix 1 .
-2-
SECTION 2. The powers of the Agency, unless the Contract and
By-Laws be amended, shall be limited to those contained within Appendix 1 .
SECTION 3. The commencement of the operations of the Agency and
the obligation of this municipality to fully participate in such operations
shall be effectuated in accordance with Article IV of the Contract and By-Laws.
SECTION 4. Except to the extent of the limited financial contributions
to the Agency set forth in the Contract and By-Laws, this municipality by its
entry as a member of the Agency shall not be held responsible in any way for
claims due to the property losses of or claims in tort or contract made
against any other member of the Agency.
SECTION 5. This Resolution shall be in full force and effect from
and after its passage and approval as provided by law.
AYES: 6 - Marienthal , Stone, O'Reilly, Hartstein, Glover, Reid
NAYES: 0 - None
ABSENT: 0 - None
PASSED: _July 18, _ , 1983.
APPROVED: July 18 , 1933.
117(-- ,
71 Hags Presid
ATTEST:
/,( 79c1L- ,e_e,„/ y2
:-„Village Clerk c))L4 sx2
-3-