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<br />IATTACHMENT A
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<br />FLORIDA MUNICIPAL INSURANCE TRUST
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<br />AGREEMENT AND DECLARATION OF TRUST CREATING
<br />FLORIDA MUNICIPAL INSURANCE TRUST
<br />
<br />THIS INDENTURE, made and entered into this /111. day of th"t't...~f
<br />, ,1992, by and between the City of Palatka, Florida, the-City
<br />of st. Augustine Beach, Florida, the city of sunrise, Florida, and
<br />the city of Treasure Island, Florida hereafter referred to as the
<br />"initial parties to this Agreement", and any other party who may
<br />hereafter become a member of the Florida Municipal Insurance Trust,
<br />
<br />WITNESSETH:
<br />
<br />WHEREAS, Art. VIII, Sec. 2, Fla. const., in part provides
<br />municipalities shall have governmental, corporate and proprietary
<br />powers to enable them to conduct municipal government, perform
<br />municipal functions, and render municipal services, and may
<br />exercise any power for municipal purposes except as otherwise
<br />provided by law; and
<br />
<br />WHEREAS, Sec. 166.021, Fla. Stat., in part provides
<br />municipalities shall have governmental, corporate and proprietary
<br />powers to enable them to conduct municipal government, perform
<br />municipal functions, and render municipal services, and may
<br />exercise any power for municipal purposes, except when expressly
<br />prohibited by law, and further defines a municipal purpose to mean
<br />any activity or power which may be exercised by the state or its
<br />political sUbdivisions; and
<br />
<br />WHEREAS, Sec. 125.01, Fla. stat., in part provides counties,
<br />by and through their legislative and governing bodies, shall have
<br />the power to carryon county government and may exercise all powers
<br />and privileges not specifically prohibited by law; and
<br />
<br />WHEREAS, Sec. 768.28, Fla. stat., in part provides the state
<br />and its agencies and subdivisions are authorized to be self-insured
<br />and to enter into risk management programs to provide protection
<br />against certain casualty and property claims; and
<br />
<br />WHEREAS, Sec. 111.072, Fla. Stat., authorizes the state, or
<br />any county, municipality or political sUbdivision of the state, to
<br />enter into risk management programs ,in anticipation of any
<br />judgement or settlement resulting from a civil rights action
<br />arising under federal law; and
<br />
<br />WHEREAS, Sec. 163.01, Fla. Stat., authorizes the state, or any
<br />county, municipality or political subdivision of the state, to
<br />jointly exercise any power, privilege, or authority which such
<br />governmental entities share in common and which each might exercise
<br />separately, and further provides such authority is in addition to
<br />and not in limitation of those granted by any other general, local,
<br />or special law; and
<br />
<br />WHEREAS, the Florida Municipal Liability Self-Insurers
<br />Program, ,and the Florida Municipal Property self-Insurers Program,
<br />hereinafter referred to as the "Programs", are independently
<br />established pooled self-insurance programs, established under and
<br />pursuant to the laws of Florida, to provide certain civil rights
<br />liability, casualty, and property coverage to participating units
<br />of local government; and
<br />
<br />WHEREAS, by Resolutions dated the 7th day of May, 1992, and
<br />the 15th day of May, 1992, said Programs consented to the creation
<br />of a-E9oled multi-lines self-insurance program designed to combine
<br />~- assets, management, and operations of said Programs and to
<br />. collectively provide the various coverages historically provided
<br />independently to participating units of local government by said
<br />Programs; and C ":/dd c). (
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