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RESOLUTION NO. 1 1 1 g
A RESOLUTION APPROVING A "MEMORANDUM OF AGREED~"'N'P" BEPWEEN THE CITY OF CANTON AND
LOCAL NUMBER 759, AMERICAN FEDERATION OF STATE, COUNTY AND MUNICIPAL EMPLOYEES AND
REPEALING A PORTION OF RESOLUTION NUMBER 1113.
Wf~REAS, the Canton City Council has determined that it is necessary and
in the best interest of the City of Canton to enter into a "Memorandum of Agreement"
with Local iJumber 759, American Federation of State, County and Municipal Employees
as set forth in Exhibit "A" hereto attached; and,
Wf~REAS, the Canton City Council has determined that it is necessary and in
the best interest of the City of Canton to repeal a portion of Resolution Number
1113.
NOW, THEREFORE, BE IT RESOLVID BY THE CITY COUNCIL OF THE CITY OF CANTON,
Fulton County, Illinois, as follows:
1. That Exhibit "A" hereto attached and herein incorporated by reference
is hereby approved by the Canton City Council.
2. That Resolution Number 1113 passed by the City Council on October 15,
1985 be repealed to the extent that said Resolution is applicable to Local Number
759 and to its members, or, affected police officers.
3. That the Mayor and City Clerk are hereby authorized and directed to
execute originals of Exhibit "A" and to deliver the same on behalf of the City of
Canton.
4. That this Resolution shall be in full force and effect immediately upon
its passage by the City Council of the City of Canton, Fulton County, Illinois,
and approval by the Mayor thereof.
PASSID by the City Council of the City of Canton, Fulton County, Illinois
at a regular meeting this / R ~L day of _~~L ~,i.~,,,,r,~:ri1~ 1985 upon a
roll call vote as follows:
AYES: Aldermen Chapman, May, Bohler, Workman, Sarff, Falcone,
Zilly, Kovachevich.
~yS; None .
ABSENT; None .
APPROVED:
~~
Donald E. Edwards, Mayor
ATTEST
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Nan -White ,City Clerk.
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City AtL Date
~~463
MEMORANDUM OF AGREEMENT
THIS MEMORANDUM OF AGREEMENT, made and entered into as of this
19th day of November, 1985, WITNESSETH:
1. PARTIES: The parties hereto are: The City of Canton, an
Illinois municipal corporation, hereinafter called "Employer", and
Local Number 759, American Federation of State, County and Municipal
Employees, hereinafter called "Local 759".
2. SUBJECT MATTER: The subject matter of this Memorandum of
Agreement is the amicable settlement of any and all conflicting
legal requirements imposed upon either or both of the parties hereto
by the Fair Labor Standards Act now made applicable to the City by
Garcia vs. San Antonio Metropolitan Transit Authority.
3. FLSA MINIMAL REQUIREMENTS: The City and Local 759 each
hereby agree that the collective bargaining agreement dated May 1,
1984, previously entered into by the City and Local Number 759, in
all respects, meets or exceeds the minimal requirements imposed upon
the parties by the Fair Labor Standards Act.
4. CONTROLLING AGREEMENT: `the parties agree that said collective
bargaining agreement shall, during the term of such agreement, control
and be binding upon the parties with the following exception: Should
any part of said agreement or any provision contained therein be
contrary to state or federal law, such invalidations of such part or
provision shall not invalidate the remaining portions of said agree-
ment and they shall remain in full force and effect. The parties
shall attempt to renegotiate the invalidated part or provisions. The
parties recognize that the provisions of said agreement cannot super-
sede law.
5. REPEAL OF CITY RESOLUTION: After approval of this Memorandum
of Agreement and contemporaneously with the City's approval of this
Memorandum of Agreement, the City agrees to pass a resolution which,
in its effect, will repeal Resolution Number 1113 previously passed
by the City on October 15, 1985, to the extent that said Resolution
is applicable to Local Number 759 and to its members, or, affected
police officers.
6. AMENDATORY EFFECT: Thsi Memorandum of Agrement is intended
to amend afid become a part of the collective bargaining agreement
dated May 1, 1984, now in force and effect between the parties.
7. EFFECTIVE DATE: This Memorandum of Agreement shall become
effective upon its execution and delivery by the respective parties
and shall be retroactive to and effective as of April 15, 1985.
8. OTHER TERMS AND CONDITIONS: None.
CITY OF CANTON, an Illinois
municipal corporation,
B Y : ~.~~
Its Mayor
ATTEST:
i r
Cit Clerk
LOCAL NUMBER 759, AFSCME,
BY:
Its President.
ATTEST:
Secretary
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