HomeMy WebLinkAboutResolution #0866
RESOLUTION N0.
A RESOLUTION APPROVING AN INDEMNITY AGREEMENT BETWEEN THE CITY OF CANTON
AND ELECTED OFFICERS, APPOINTED OFFICERS AND APPOINTED EMPLOYEES OF THE
CITY OF CANTON.
WHEREAS, recent United States Supreme Court decisions and other
changes in the law have created a potential liability for elected officers,
appointed officers and appointed employees of the City of Canton; and
WHEREAS, the City Council of the City of Canton has determined that
it is desirable and to the best interests of the City of Canton to indemnify
elected officers, appointed officers and appointed employees of the City
of Canton from the expense of such potential liability; and
WHEREAS, the City Council of the City of Canton has reviewed the terms
of the proposed Indemnity Agreement, a copy of which is attached hereto and
made a part hereof as Exhibit A; and
WHEREAS, the City Council of the City of Canton has determined that it
is desirable and in the best interests of the City of Canton to approve said
agreement.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CANTON,
ILLINOIS, AS FOLLOWS:
1. That the Indemnity Agreement between the City of Canton and elected
officers, appointed officers and appointed employees of the City of Canton,
which is attached hereto and made a part hereof as Exhibit A, is hereby
approved, said agreement to be subject to and effective pursuant to the terms
and conditions set forth therein.
2. That the Mayor and the City Clerk of the City of Canton, Illinois
are hereby authorized and directed to execute said agreement on behalf of
the City of Canton. with each elected officer, appointed officer, and appointed
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employee of the City of Canton who desires such indemnification.
3. That this Resolution shall be in full force and effect upon its
passage by the City Council of the City of Canton, Illinois and approval
by the Mayor thereof.
PASSED by the City Council of the City of Canton, Illinois and
APPROVED by the Mayor thereof this y ~ day of ~r ~-?,c~~,.~~,c,P~1J 1980.
APPROVED : _ ,~C~2~s~~,,t~ MAYOR
HARLAN E. CROUCH
ATTEST: , CITY CLERK
NAN S. WHITES
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INDEMNITY AGREEMENT
THIS AGREEMENT, made this day of , 1980,
by and between the City of Canton, Illinois, a Municipal Corporation, a
body corporate and politic, hereinafter referred to as Indemnitor, and
of Canton, Fulton County,
Illinois, hereinafter referred to as Indemnitee.
In consideration of the sum of One Dollar and other good and valuable
consideration, receipt of which is hereby acknowledged, and pursuant to the
authority granted by the Canton City Council by a Resolution dated November
5, 1980, it is agreed as follows:
SECTION I
Indemnitor undertakes to indemnify Indemnitee from any and all liability,
loss or damage that the Indemnitee may suffer as a result of claims, demands,
costs, ,judgments or attorneys fees arising from or as a proximate result of
the good faith performance of his or her duties in the governmental services
of the City of Canton, Illinois.
SECTION II
Indemnity under this Agreement applies to all good faith acts performed
in the governmental service of the City of Canton, Illinois, and is retro-
active in nature applying to any liability, loss or damage the Indemnitee may
suffer as set forth in Section I of this Agreement, whether or not the acts
alleged to support said liability occurred previous to the date of this
Agreement or whether or not the claim against the Indemnitee is made after the
termination of his or her governmental service.
SECTION III
Indemnitee agrees that the provisions of this Agreement shall only
become operative in the event existing insurance coverage fails to protect
him or her from exposure.
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.;
SECTION IV
Indemnitee agrees to notify Indemnitor within five (5) days of
any claim made against Indemnitee on the obligation indemnified against
herein. Said notice shall be effected by submitting a statement of the
claim in writing to the Canton City Attorney.
IN WITNESS WHEREOF, the parties have executed this Agreement at
Canton City Hall, 210 East Chestnut Street, Canton, Illinois on the date
and year first above written.
CITY OF CANTON, ILLINOIS, A
Municipal Corporation, INDEMNITOR
By:
ATTEST:
CITY CLERK
MAYOR
INDEMNITEE
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