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HomeMy WebLinkAbout07-051 - Resolutions RESOLUTION NO. FD 07-051 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE RANCHO CUCAMONGA FIRE PROTECTION DISTRICT, RANCHO CUCAMONGA, CALIFORNIA, APPROVING AN AMENDMENT TO ARTICLE 21 OF THE FOURTH AMENDED JOINT POWERS AGREEMENT OF THE FIRE AGENCIES INSURANCE RISK AUTHORITY WHEREAS, the Rancho Cucamonga Fire Protection District is a member agency of the "Fire Agencies Insurance Risk Authority" (FAIRA); and, WHEREAS, the Board of Directors of FAIRA, at its meeting of June 8, 2007, approved an amendment to the text of the Fourth Amended Joint Powers Agreement to modify the language contained in Article 21 (Withdrawal of Members); and WHEREAS; the Board of Directors of FAIRA has recommended that each of the Member Agencies consider and approve the amendment to Article 21; and WHEREAS, the Board of Directors of the Rancho Cucamonga Fire Protection District has considered the proposed text amendment to Article 21 of the Fourth Amended Joint Powers Agreement and desired to give approval to the proposed, amended language. NOW, THEREFORE, be it resolved by the Board of Directors of the Rancho Cucamonga Fire Protection District as follows: 1. The proposed changes to Article 21 (Amendment to Agreement) of the Fourth Amended Joint Powers Agreement, as recommended by the FAIRA Board of Directors, and as shown in Exhibit "A" attached herewith to this Resolution, is hereby approved. 2. The Chairman of the Board of Directors is hereby authorized to execute a "Fifth Amended Joint Powers Agreement," which includes the changes to Article 21 approved herewith, at such time as the Fifth Amended Joint Powers Agreement is presented for signature. 3. The President or the Fire Chief of the Rancho Cucamonga Fire Protection District is hereby directed to notify FAIRA of the adoption of this Resolution and is further directed to provide a copy of this Resolution and return the attached Ballot to FAIRA. Please see the following page for formal adoption,certification and signatures Resolution No. FD 07-051 Page 2 of 4 PASSED, APPROVED, AND ADOPTED this 19'h day of September 2007. AYES: Gutierrez, Kurth, Spagnolo, Williams NOES: None ABSENT: Michael ABSTAINED: None r `Donald J. Kurth, .D., Pr ident ATTEST: -1111'tfilk "4 De ra I—Adan s, ecretary I, DEBRA J. ADAMS, SECRETARY of the Rancho Cucamonga Fire Protection District, do hereby certify that the foregoing Resolution was duly passed, approved, and adopted by the Board of Directors of the Rancho Cucamonga Fire Protection District, at a Regular Meeting of said Board held on the 19`h day of September, 2007. Executed this 201h day of September 2007 at Rancho Cucamonga, California. D ra J. Ada s ecretary Resolution No. FD 07-051 Page 3 of 4 EXHIBIT "A" ARTICLE 21. WITHDRAWAL (a) A Member may withdraw from membership in the Authority upon advance written notice delivered to the Authority no later than twelve (12) months prior to the end of a Coverage Period; provided that the Liability Risk Coverage Agreement or another Insurance Program Agreement may set forth additional conditions to withdrawal. A Member which no longer participates in any Insurance Program of the Authority, by reason of expulsion from an Insurance Program or otherwise, shall be deemed to have withdrawn from this Agreement and shall no longer be a party to this agreement. No withdrawal, however, shall relieve such Member from its obligations under any outstanding agreements except in accordance with such agreements. Resolution No. FD 07-051 Page 4 of 4 BALLOT ELECTION ON AMENDMENTS TO ARTICLES 21 &27 OF THE FAIRA JOINT POWERS AGREEMENT The Rancho Cucamonga Fire Protection District. a member ofFAIIZA; hereby votes on the following amendments listed below. The Rancho Cucamonga Fire Protection District has authorized the election by resolution(s) of the Board made and passed on 2007. Designation of vote: Amendments: Yes No Amend Article 21 relating to the withdrawal of members to require 12 months advance written notice to the Authority by a withdrawing member. Amend Article 27 relating to the amendment o of the Joint Powers Agreement to require the approval of a majority of the Member Agencies which vote on a proposed amendment, so long as not less than 51% of the Member Agencies have voted. Dated: yl 1q, 24y 7 2007 Chairman/Authority B and or Designated Person A Au hority Boar C rk or Designated Person