Resolution 4109 - Modify MMIA Liability Program Agreement676
RESOLUTION NO. 4109
A RESOLUTION AUTHORIZING THE ADOPTION AND EXECUTION OF THE REVISED
AND RESTATED LIABILITY PROGRAM AGREEMENT ENTERED INTO BETWEEN THE
MONTANA MUNICIPAL INSURANCE AUTHORITY AND THE CITY OF KALISPELL
DATED JULY 1, 1993; AND AUTHORIZING THAT THE ADOPTION AND EXECUTION
OF ANY AMENDMENT THERETO MAY BE MADE BY MOTION.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF KALISPELL AS
FOLLOWS:
SECTION . Authorization and Recitals.
1.01 The City of Kalispell is a Participant in the
Liability Risk Retention Program of the Montana Municipal
Insurance Authority.
1.02 The Participant has previously adopted and executed
the Liability Insurance Coverage Program Agreement dated
as of August 15, 1986 between the Montana Municipal
Insurance Authority and the Participant.
1.03 The Participant has also previously adopted and
executed the First Amendment to Liability Insurance
Coverage Program Agreement dated as of March 1, 1993
between the Montana Municipal Insurance Authority and the
Participant.
1.04 The Participant is authorized by Section 2-9-211,
Montana Code Annotated, and Title 7, Chapter 11, Part 1,
Montana Code Annotated (the Interlocal Cooperation Act)
to enter into agreements for the purpose of obtaining
liability insurance in cooperation with other local
governmental entities; and is thereby authorized to enter
into such agreements as may be necessary to effect the
purposes of those statutes.
SECTION II. Findings.
It is hereby found, determined, and declared that:
(a) The Liability Risk Retention Program of the
Montana Municipal Insurance Authority provides an
immediate and long-term solution to the Participant's
inability to obtain primary or excess general liability
insurance at reasonable rates;
(b) It is in the best interest of the Participant
to continue its participation in the Liability Risk
Retention Program and to this end the terms and
conditions set forth in the First Amended and Restated
Liability Program Agreement dated July 1, 1993 are
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necessary, desirable and proper
to achieve the goals
of
the Liability Risk Retention
Program, and
the
representations, covenants and
recitals made therein
by
the Participant are true, valid
and correct.
SECTION III. Authorization and
Approval of the Amended
and Restated Liability Program
Agreement dated July
1,
1993.
The Participant is hereby authorized to continue its
participation in the Liability Risk Retention Program and
to execute the First Amended and Restated Liability
Program Agreement dated July 1, 1993.
SECTION IV. Authorization to Approve Future Amendments
to the Program Agreement by Motion.
The Participant is hereby authorized to approve the
adoption of any amendments to and execution of any
amendments to the First Amended and Restated Liability
Program Agreement dated July 1, 1993 or any successor
Program Agreement thereto by motion duly made, seconded
and approved.
SECTION V. Effective Date.
This Resolution shall become effective immediately upon
its passage and approval.
PASSED AND APPROVED BY THE CITY COUNCIL AND MAYOR OF THE CITY OF
KALISPELL THIS 19th DAY OF Jul , 1993.
Dougla D. Rauthe, Mayor
ATTEST:
y H. Robertson
Finance Director
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