S-418 - 09/26/1978 - AGREEMENT - Ordinances r
ORDINANCE NUMBER -
AN ORDINANCE AUTHORIZING MEMBERSHIP IN THE
4 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 1977 , entitled the " Intergovernmental Coopera-
tion Act , " authorizes units of local government to exercise
any power or powers , privileges or authority which may be
exercised by the unit of local government individually to be
exercised. and enjoyed jointly with any other local governments
or body 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 1977 , known as the "Governmental and Govern-
mental 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 1977 , 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 , a large number of local governmental entities
have undertaken a series of studies to determine the feasibility
of entering into an Intergovernmental Risk Management Pool and
have concluded that the creation of such a pool is financially
and administratively feasible; and ,
WHEREAS , the corporate authorities of a number of
units of local government have determined that they wish to
create an Intergovernmental Risk Management Agency and a
combined Contract and By-Laws for such agency has been drafted ;
and ,
WHEREAS , the stated purposes , organizational structure
and procedural structure 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 Intergovernmental Risk Management
Agency ,
NOW, THEREFORE , BE IT ORDAINED BY THE PRESIDENT AND
BOARD OF TRUSTEES Of THE VILLAGE OF OAK BROOK, OAK BROOK, COOK
AND DU PAGE COUNTIES , ILLINOIS , as follows :
SECTION 1 : That the President and Village Clerk are
hereby autfiorized 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 Ordinance as Appendix 1 .
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 parti -
cipate 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 Appendix 1 ,
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 Ordinance shall be in full force and
effect from and after its passage , and approval as provided by
law.
PASSED this day of 1978
AYES:
NAYS o
ABSENT : G
APPROVED this , ,�,` ^ day of 1978
esident
ATTEST :
Village Clerk
Filed in the Office of the Village Clerk and published in pamphlet
form by authority of the Presi nt and B rd of Trustees of the
Village of Oak Brook this i day of 1978.
V
Village Clerk
a APPROV D to fo m
` .,. Village Attorney