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WHEREAS, this Council proposes to authorize the execution <br />of the above-described Agreement as amended by the First <br />Amendment to ICRMA Liability Risk Coverage Agreement dated as <br />of July 1, 1987 (such amended agreement being referred to <br />herein as the "Agreement"), in the form presented to this <br />Council for the purpose of providing Coverage for the City for <br />the benefit of the City's residents and taxpayers and for the <br />health and safety of the public; <br />WHEREAS, the City has conclusively determined following <br />investigation that either public entity liability insurance <br />coverage is not available to the City from commercial insurers <br />or from any other source or that such insurance is not <br />available at a reasonable cost; <br />WHEREAS, the City has further determined, based upon the <br />advice of independent professional insurance consultants <br />familiar with the cyclical nature of the reasonable <br />availability of coverage in the commercial insurance market, <br />that it is uncertain when such liability insurance is expected <br />to become available at a reasonable cost, thereby in the <br />interim exposing the City to self-insuring from available <br />revenues on a year by year basis with the attendant risks of <br />fiscal instability and ruinous burdens on its citizens in the <br />event of large liability claims recoveries; <br />WHEREAS, this Council hereby further determines that the <br />periodic unwillingness of the commercial insurance market to <br />3 <br />2658001B/2 <br />