HomeMy WebLinkAboutResolution - 2501 STATE OF CALIFORNIA ) RESOLUTION NO. 2501
COUNTY OF RIVERSIDE)ss
CITY OF SAN JACINTO )
A RESOLUTION OF THE CITY OF SAN JACINTO TO AUTHORIZE THE
AMENDMENT OF ARTICLES 8(d), 10, 11 AND 22 OF THE AMENDED
AND RESTATED JOINT POWERS AGREEMENT ("JPA") OF THE
PUBLIC ENTITY RISK MANAGEMENT AUTHORITY ("PERMA") TO
CONFORM THE JPA TO THE BYLAWS AND CURRENT PRACTICE
EFFECTIVE December 18, 2003
WHEREAS, Article 1, Chapter 5, Division 7, Title 1 of the California Government
Code permits two or more public agencies by agreement to exercise jointly powers
common to the contracting parties; and
WHEREAS, California Government Code Section 990.4 provides that a local
public entity may self-insure, purchase insurance through an authorized carrier, or
purchase insurance through a surplus line broker, or any combination of these; and
WHEREAS, Article 24 of the JPA allows the JPA to be amended at any time by a
vote of two-thirds of the member organizations, acting through their governing boards;
and
WHEREAS, PERMA currently has 26 members, thus requiring 18 members to
vote to amend the J PA to make an amendment effective;
WHEREAS, the City Council of the City of San Jacinto is the Governing Board of
a member of PERMA; and
WHEREAS, this Governing Board is desirous of amending Articles 8(d), 10, 11
and 22 of the JPA to conform to the existing bylaws and practice; and
WHEREAS, Article 8 describes the powers and functions of the Board of
Directors, including Article 8(d), which states that "The Board shall elect the officers of
the Authority;" and
WHEREAS, Article 10 currently states:
ARTICLE 10
OFFICERS
yr, The Board of Directors shall annually elect from its membership a President and Vice
President of the Board at its regular annual meeting to service for one-year terms.
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The President, or in his or her absence, the Vice President, shall preside at and conduct
all meetings of the Board and chair the Executive Committee.
Said powers shall be exercised pursuant to the terms hereof and in the manner
provided by law.
WHEREAS, Article 11 of the JPA currently states:
ARTICLE 11
EXECUTIVE COMMITTEE
The Board of Directors may establish an Executive Committee of the Board which shall
consist of five persons, the President and Vice President of the Board and three
directors elected by the Board from its membership.
The terms of office of the three non-officer members shall be as provided for in the
Bylaws of the Authority.
The Executive Committee shall conduct the business of the Authority between meetings
of the Board, exercising such powers as are delegated to it by the Board, under the
direction of the Board.
WHEREAS, Article 22 of the JPA currently states:
ARTICLE 22
BYLAWS AND PROCEDURES MANUAL
As soon as practicable after the effective date of this Agreement, the Bylaws will be
amended to reflect this new Amended and Restated Joint Powers Agreement. The
Bylaws and Procedures Manual will govern the day-to-day operations of the Authority.
Upon adoption by the Board, such documents shall be delivered by the Authority to
each Member Organization.
WHEREAS, these amendments will become effective on the day that PERMA
receives the eighteenth (18th) affirmative member vote to make these amendments to
the JPA.
NOW, THEREFORE, BE IT RESOLVED determined and ordered by the City
Council of the City of San Jacinto, California, votes to amend Articles 8(d), 10, 11 and
22 of the JPA to state as follows:
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NO. Section 1) ARTICLE 8(d):
The Board, either directly or through the Executive Committee, shall elect the officers of
the Authority.
Section 2) ARTICLE 10:
ARTICLE 10
OFFICERS
The Board of Directors, either directly or through the Executive Committee, shalt
annually elect from its membership a President and Vice President of the Board at its
regular annual meeting to service for one-year terms.
The President, or in his or her absence, the Vice President, shall preside at and conduct
all meetings of the Board and chair the Executive Committee.
Said powers shall be exercised pursuant to the terms hereof and in the manner
provided by law.
Section 3) ARTICLE 11:
ARTICLE 11
F,XECUTIVE COMMITTEE
The Board of Directors may establish an Executive Committee of the Board which shall
consist of seven persons: the President and Vice President of the board, and five
directors elected by the Board from its membership.
The terms of office of the seven members shall be as provided for in the Bylaws of the
Authority.
The Executive Committee shall conduct the business of the Authority between meetings
of the Board, exercising such powers as are delegated to it by the Board, under the
direction of the Board.
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Section 4) ARTICLE 22:
ARTICLE 22
BYLAWS
As soon as practical after the effective date of this Agreement, the Bylaws will be
amended to reflect this new Amended and Restated Joint Powers Agreement. The
Bylaws will govern the day-to-day operations of the Authority. Upon adoption by the
board, the Bylaws shall be delivered by the Authority to each Member Organization.
Section 5) the City Council of the City of San Jacinto, California, authorizes and
directs the Finance Director, as the PERMA Board Member, to execute an amended
and restated JPA incorporating the amendments set forth above.
APPROVED AND ADOPTED this 18" day of December, 2003, by the following
vote:
Ayes Carlson-Buydos, Conner, Shaw, Ayres
Nays: None
Absent: Stubblefield
Abstain: None
City of San Jacinto
m Ayre ayor
ATTEST:
orothy L. ouinard. City Clerk
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