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<br />(JWF 6/13/06) <br /> <br />RESOLUTION NO. 2006-038 <br /> <br />A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF <br />SANTA ANA AMENDING THE LIABILITY RISK <br />COVERAGE AGREEMENT AND THE JOINT POWERS <br />AGREEMENT CREATING THE BIG INDEPENDENT <br />CITIES EXCESS POOL JOINT POWERS AUTHORITY, <br />AUTHORIZING, RATIFYING, AND APPROVING CERTAIN <br />OTHER ACTIONS IN CONNECTION THEREWITH. <br /> <br />BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANTA ANA AS <br />FOLLOWS: <br /> <br />Section 1. The City Council of the City of Santa Ana hereby finds, determines <br />and declares as follows: <br /> <br />A. The City of Santa Ana is a charter city and municipal corporation <br />organized and existing under and by virtue of the constitution and laws of <br />the State of California (the "City"); and <br /> <br />B. The Cities of Huntington Beach, Oxnard, West Covina, San Bernardino, <br />and Santa Ana (the "Cities") are the current Members of the Big <br />Independent Cities Excess Pool Joint Powers Authority (BICEP), a joint <br />exercise of powers entity organized and existing under the laws of the <br />State of California (the "Authority"); and <br /> <br />C. The Authority approved and entered into certain operating documents to <br />carry out the purpose of the Authority to jointly develop and fund programs <br />for comprehensive liability coverage and other coverages, including but <br />not limited to, Bylaws, a Liability Risk Coverage Agreement, a <br />Memorandum of Liability Coverage, and the Trust Agreement, all originally <br />dated as of October 1, 1988 and subsequently amended from time to time <br />(the "Original Operating Documents"); and <br /> <br />D. The Cities and the Authority now desires to amend and restate the form of <br />the Authority's operating documents in order to provide clarity and <br />efficiency in providing coverages to its Members, and to allow the <br />expansion of membership in the Authority to any publiC agency, as that <br />term is defined in the California Government Code commencing at Section <br />6500 et seq. <br /> <br />Resolution No. 2006-038 <br />Page 1 of 3 <br />