Resolution 5356 - Approves MMIA Revised and Restated Interlocal AgreementRESOLUTION No, 5356
A RESOLUTION APPROVING AND ADOPTING THE MONTANA MUNICIPAL
INTERLOCAL AUTHORITY REVISED AND RESTATED INTERLOCAL
AGREEMENT.
WHEREAS, the City of Kalispell, Montana is, duly organized under the laws of the State of
Montana; and
WHEREAS, Article XI, Section 7 of the Montana Constitution provides that a political
subdivision may a) cooperate in the exercise of any function, power, or
responsibility with, b) share the services of any officer or facilities with, and c)
transfer or delegate any function, power, responsibility, or duty of any officer to
one or more other local government units, school districts, the state or the United
States; and
WHEREAS, Mont. Code Ann. 'Title 7, Chapter 11, Part 1, (the "Interlocal Cooperation Act")
authorizes political subdivisions to create Interlocal agreements to jointly perform
any undertaking that each of them is authorized by law to perform; and
WHEREAS, Mont. Code Ann. § 2-9-211, authorizes political subdivisions of the State,
separately or jointly with other subdivisions, to procure Insurance to use a
deductible or self-insurance plan, wholly or In part, and to establish a self-
insurance or deductible reserve fund; and
WHEREAS, Mont. Code Ann. § 2-9-211 authorizes political subdivisions or a board created
pursuant to an Interlocal agreement, acting on behalf of such political subdivisions
to issue and sell bonds or notes for the purposes of funding a self-insurance or
deductible reserve fund; and
WHEREAS, Mont. Code .Ann. § 2-15-702, authorizes cities and towns to enter into group
hospitalization, medical, health, including long -terra disability, accident or group
life insurance contracts or plans for the benefit of their officers and employees
and their dependents; and
WHEREAS, Mont. Code Ann. § 2--15-711, permits the establishment of group programs by
local government entities to provide employee group benefits; and
WHEREAS, Mont. Code Ann. § 39-71-403, authorizes public corporations, which term
includes cities and towns, to self -insure, either separately or jointly with other
public corporations for workers' compensation coverage; and
WHEREAS, the Montana Municipal Interlocal Authority (Authority) is a joint exercise of
powers entity established pursuant to an Interlocal Cooperation Agreement in
accordance with the provisions of the Interlocal Cooperation Act for the purpose
of providing pooled risk coverage programs for the Member Entity and other
political subdivisions executing the Interlocal Agreement; and
WHEREAS, the Authority is authorized to exercise necessary powers to implement the
purposes of the Authority as established by the Interlocal Agreement; and
WHEREAS, the governing board of each Member Entity has determined that it is in its own
best interest, and in the public interest that this Agreement be executed and that it
participate as a member of the public entity created by this Agreement.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
IALISPELL AS FOLLOWS:
SECTION I. That the City of Kalispell hereby approves and adopts this Revised and
Restated Interlocal Agreement.
PASSED AND APPROVED BY THE CITY COUNCIL AND SIGNED BY THE MAYOR OF
THE CITY OF I ALISPELL, THIS 20TH DAY OF APRIL, 2009.
ATTEST:
Theresa White
City Clerk