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Ordinance No. 1,629ORDINANCE NO.1629 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,TEXAS, AUTHORIZING AND DIRECTING THE MAYOR AND CITY CLERK OF THE CITY OF BAYTOWN TO EXECUTE AND ATTEST TO THE SUPPLEMENT TO INTERLOCAL AGREEMENT,TEXAS MUNICIPAL LEAGUE WORKMEN'S COMPENSATION JOINT INSURANCE FUND AND PROVIDING FOR THE EFFECTIVE DATE HEREOF. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN,TEXAS: Section 1:That the City Council of the City of Baytown,Texas,herefey authorizes and directs the Mayor and City Clerk of the City of Baytown to ex ecute and attest to the Supplement to Interlocal Agreement,Texas Municipal League Workmen's Compensation Joint Insurance Fund.A copy of said Supplement is attached hereto,marked Exhibit "A,"and made a part hereof for all intents and purposes. Section 2:This ordinance shall take effect from and after its passage by the City Council of the City of Baytown. INTRODUCED,READ and PASSED by the affirmative vote of the City Council of the City of Baytown this25th day of July ,1974. TOM GENTRY,Mayor V ATTEST: EDNA OLIVER,City Clerk APPROVED: NEEL RICHARDSON,City Attorney EXHIBIT "A" ^SUPPLEMENT TO P INTERLOCAL AGREEMENT TML WORKMEN'S COMPENSATION JOINT INSURANCE FUND By entering into this Agreement each of the participating Fund Members agrees to pay into the Fund its proportionate part as due hereunder and for the Fund,in accordance with the provisions hereof to make the payments due under the Workmen's Compensation Act to the employees of the participating Fund Members.It is recognized that this Agreement is between concurring political subdivisions,as authorized by Article 8309h.Revised Civil Statutes of Texas,as amended,to pro vide for their employees through "self-insurance"the workmen's compensation benefits adopted by Article 8309h.As the administrators of the self-insurance Fund the Trustees shall primarily andcon stantly keep foremost in their deliberations and decisions in operating the Fund that each of the participating Fund Members is a "self-insured".At least annually the Trustees shall carefully review, study and consider the actual claims or loss experience (including reserves for future claims pay ments)of each of the Fund Members,the experience rating modification developed or earned by each of the Fund Members,the pro rata savings to the Fund resulting from overall loss experience attributed to each of the Fund Members,the pro rata portion of any investment earnings of the Fund attributed to each Fund Member,and the pro rata portion of the cost of all catastrophic loss protec- -#***tion insurance and aggregate stop loss reinsurance allocated to eachFund Member,as well as the '*pro rata allocation,as determined by the Trustees,of the other and necessary administrative expenses jf of theFund,in order to reasonably determine the actual pro rata cost,expense and loss experience of each Fund Member in order to maintain as nearly as possible an equitable and reasonable "self- insurance"administration of the Fund as applied to each Fund Member. In order to further assure that the Fund will be administered on such a "self-insurance"basis; (1)The Fund shall adopt the workmen's compensation experience rating plan as prescribed by the State Board of Insurance for the purpose of producing an individual Fund Member's own experi ence rated premium level to measure the individual Fund Member's proportionate contribution due and payable to the Fund. (2)The Fund shall annually distribute to Fund Members all savings brought about through (1) loss experience of less than 60%of standard premium and (2)the investment earnings from all funds on deposit with the Fund,and such distribution shall equitably recognize the individual loss experience of each Fund Member. (3)Notwithstanding anything in Paragraph 14.the Fund agrees that each Fund Member shall be entitled to and shall receive a proportionate distribution of any such savings by the Fund. (4)The Fund agrees that all Fund Transactions will be annually audited by a nationally recog nized certified professional acccounting firm. CITYOF BAYTOWN Tom Gentry,Mayor TEXAS MUNICIPAL LEAGUE WORKMEN'S COMPENSATION CoatBflJfcNumber JOINT INSURANCE FUND ATTEST: Edna Oliver,City Clerk