2005-058 - Amending the Liability Risk Coverage Agreement and the Joint Powers Agreement

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. . . (JWF 6/9/05) RESOLUTION NO. 2005-058 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AMENDING THE LIABILITY RISK COVERAGE AGREEMENT AND THE JOINT POWERS AGREEMENT CREATING THE BIG INDEPENDENT CITIES EXCESS POOL JOINT POWERS AUTHORITY, AUTHORIZING, RATIFYING, AND APPROVING CERTAIN OTHER ACTIONS IN CONNECTION THEREWITH, AND AUTHORIZING THE CITY MANAGER TO EXECUTE DOCUMENTS NECESSARY TO ADMIT TWO ADDITIONAL MEMBERS TO BICEP. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANTA ANA AS FOLLOWS: Section 1. The City Council of the City of Santa Ana hereby finds, determines and declares as follows: A. The City of Santa Ana is a charter city and municipal corporation organized and existing under and by virtue of the constitution and laws of the State of California (the "City"); and B. The Cities of Huntington Beach, Oxnard, West Covina, San Bernardino, and Santa Ana are the current Members of the Big Independent Cities Excess Pool Joint Powers Authority (BICEP), a joint exercise of powers entity organized and existing under the laws of the State of California (the "Authority"); and C. Each Member of the Authority entered into that certain JOINT POWERS AGREEMENT CREATING THE BIG INDEPENDENT CITIES EXCESS POOL JOINT POWERS AUTHORITY, executed and delivered in September 1988, as amended by that certain FIRST AMENDMENT TO THE JOINT POWERS AGREEMENT, dated November 1, 2003 (altogether the "JPA Agreement") D. The Authority and each Member entered into that certain LIABILITY RISK COVERAGE AGREEMENT dated as of October 1, 1988 (the "Original Agreement"), as amended by the FIRST AMENDMENT TO LIABILITY RISK COVERAGE AGREEMENT dated as of December 1, 1988 (the "First Amendment"), and the SECOND AMENDMENT TO LIABILITY RISK COVERAGE AGREEMENT dated June 19, 1995 (the "Second Amendment"), and the THIRD AMENDMENT TO LIABILITY RISK Resolution No. 2005-058 Page 1 of 3