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HomeMy WebLinkAboutCC RESO 2015-61RESOLUTION NO. 2015 — 61 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY C LI,`LSL .DTI G TO THE TERIV1INATION OF THE SAN DIEGO POOLED !NS IR, NCE PRQGRAM (S NDP!PA) _ION T POWERS A! UTHORITY r-IPA EFFECTIVE JULY 1, 2016; AND AGREEING TO AMEND ARTICLES 25.A AND 25.B OF THE SANDPIPA JOINT POWERS AGREEMENT FOR THE PURPOSE OF WINDING DOWN AND DISSOLVING THE JPA WHEREAS, the City is a member of a joint powers authority. the San Diego County Cities Joint Powers Agreement For Risk Management Services and Reiated insurance Coverages Creating the San Diego Pooled Insurance Program Authority for Municipal Entities (...tni yv PA); ui iU WHEREAS, the SANDPIPA Board, representing the member agencies, has determined that it is in the best interest of SANDPIPA members, and in the public interest, that SANDPIPA be terminated and its assets distributed to members per the Joint Powers Agreement; and WHEREAS, the City hereby agrees to an amendment of the Joint Powers Agreement by amending Article 25.A to add "distribution of dividends," after "disposing of all claims", so that the Board of Directors is expressly authorized to continue to distribute dividends, in accordance with the "plan document" referenced in Article 26, during the period of winding up and dissolving the business affairs of the Authority; and WHEREAS, the following language is added to Section 25.A: "Withdrawn or cancelled members are entitled to participate in dividend distributions after accounting for their Board determined share of administrative expenses." WHEREAS, the City hereby agrees to an amendment of the Joint Powers Agreement, substituting "the Board of Directors" for "The Executive Committee" in Article 25.B of the Joint Powers Agreement, so that powers of the Authority for purposes of winding up and dissolving the business affairs of the Authority will be vested in the Board of Directors. NOW THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby agrees to the amendments to the JPA, paragraphs 25.A and 25.B, as stated in the recitals above and as set forth in the Agreement with the proposed changes attached to the staff' report. BE IT FURTHER RESOLVED that the City Council hereby provides its written consent to the termination of SANDPIPA per Article 25 of the Joint Powers Agreement, effective Juiy 1, 2016, with SANDPIPA to continue to exist for the purpose of disposing of all claims, distribution of dividends, distribution of assets, and ail other functions necessary to wind un the affairs of the Authority. BE IT FURTHER RESOLVED that the City Clerk is directed to communicate this Resolution to SANDPIPA. [Signature Page to Follow] Resolution No. 2015 — 61 Page Two PASSED and ADOPTED this 5th day of May, 201 on Morrison, Mayor ATTEST: 1/ ' i cug. Michael R. Dana, City Clerk PROVED AS TO FORM: dia Gacit City Attorne Passed and adopted by the Council of the City of National City, California, on May 5, 2015 by the following vote, to -wit: Ayes: Counciimembers Cano, Mendivil, Morrison, Rios, Sotelo-So[is. Nays: None. Absent: None. Abstain: None. AUTHENTICATED BY• RON MORRISON Mayor of the City of National City, California City CI k of the City of tional City, California By: Deputy I HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of RESOLUTION NO. 2015-61 of the City of National City, California, passed and adopted by the Council of said City on May 5, 2015. City Clerk of the City of National City, California By: ❑eputy