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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