Reso 2004-684N
RESOLUTION NO. 2004 -684
A RESOLUTION OF THE COSTA MESA SANITARY DISTRICT BOARD OF
DIRECTORS OF THE DISTRICT APPROVING THE FORM OF AND AUTHORIZING
THE EXECUTION OF A FIFTH AMENDED JOINT POWERS AGREEMENT AND
AUTHORIZING PARTICIPATION IN THE SPECIAL DISTRICT RISK MANAGEMENT
WORKERS' COMPENSATION PROGRAM
WHEREAS, COSTA MESA SANITARY DISTRICT, a special district duly organized and existing
under and by virtue of the laws of the State of California (the "District"), has determined that it is in the
best interest and to the advantage of the District to participate for at least three years in the workers'
compensation program offered by the Special District Risk Management Authority (the "Authority"); and
WHEREAS, California Government Code Section 6500 et seq., provides that two or more public
agencies may by agreement jointly exercise any power common to the contracting parties; and
WHEREAS, Special District Risk Management Authority was formed in 1986 in accordance with
the provisions of California Government Code 6500 et seq., for the purpose of providing its members with
risk financing and risk management programs; 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
lines broker, or any combination of these; and
WHEREAS, participation in Special District Risk Management Authority programs requires the
District to execute and enter into a Fifth Amended Joint Powers Agreement (the "Amended JPA
Agreement "); which states the purpose and powers of the Authority; and
WHEREAS, all acts, conditions and things required by the laws of the State of California to exist,
to have happened and to have been performed precedent to and in connection with the consummation of
the transactions authorized hereby do exist, have happened and have been performed in regular and due
time, form and manner as required by law, and the District is now duly authorized and empowered,
pursuant to each and every requirement of law, to consummate such transactions for the purpose, in the
manner and upon the terms herein provided.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF DIRECTORS OF THE DISTRICT
AS FOLLOWS:
Section 1. Findings. The District Board of Directors hereby specifically finds and determines that
the actions authorized hereby relate to the public affairs of the District.
Section 2. Fifth Amended JPA Agreement. The Amended JPA Agreement, proposed to be
executed and entered into by and between the District and members of the Special District Risk
Management Authority, in the form presented at this meeting and on file with the District Secretary, is
hereby approved. The District Board and /or Authorized Officers ( "The Authorized Officers ") are hereby
authorized and directed, for and in the name and on behalf of the District, to execute and deliver to the
Authority the Amended JPA Agreement in substantially said form, with such changes therein as such
officers may require or approve, such approval to be conclusively evidenced by the execution and
delivery thereof.
Attach I Rcso 5thAmcndcd WO3 FinaQ
LE
Section 4. Effective Date. This resolution shall take effect immediately upon its passage.
PASSED AND ADOPTED this 23rd day of June, 2004 by the following vote:
AYES: Arlene Schafer, Jim Ferryman, Art Perry, Dan Worthington
NOES:
ABSENT: Greg Woodside PITA �O., 4 - 10
Name:
Title: President
District Secretary
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Attach 1 Reso_SthAmended_WO For Property and Liability Members