S-506 - 07/12/1983 - AGREEMENT - Ordinances ORDINANCE NO. S- 506
AN ORDINANCE 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 7141, 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 any 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
WEiEREAS, 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 entiti.es and public employees as defined in Chapter
85, Section 1-101, et seq. , Illinois Revised Statutes, knoi-an 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 and defenses and immunities provided for
by said Local Governmental and Govert'imental 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 Management
Agency (IRMA) 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,
Ordinance No. S- 506
Page 2
NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF
THE VILLAGE OF OAK BROOK, DU PAGE AND COOK 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 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 with 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 Ordinance shall be in full force and effect from and
after its passage and approval as provided by law. -
PASSED this 12th day of _ July g 1983.
Ayes: Trustees Imrie, Listecki. Maher Rush and Watson
0
Nays:
Absent:Tr s ee Ehil;p
APPROVED this 12th day of July , 1983.
4Villgeident
ATTEST:
Vill ge Clerk
Approved as to form:
it age Attorney
Not Published XXX
Published
Date Paper