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HomeMy WebLinkAboutResolution # 3793RESOLUTION NO. 3793 A RESOLUTION TO ACCEPT THE CITY OF CANTON, WATER DEPARTMENT BILL PROCESSING PLAN WITH MID-AMERICA NATIONAL BANK WHEREAS, the City Council of the City of Canton pursuant to the management letter has determined that it is necessary, desirable and in the best interests of the City of Canton to hereby accept the water bill processing plan presented by Mid-America National Bank, Canton, Illinois. WHEREAS, the City Council of the City of Canton hereby agrees to the plan in order to provide a dual control of receipt of money and the recording of payments. NOW THEREFORE, BE IT RESOLVED by the Mayor and the City Council of the City of Canton, Illinois as follows: 1. That said agreement between the City of Canton and Mid-America National Bank hereby be approved hereto attached as Exhibit "A" 2. 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. PASSED by the City Council of the City of Canton, Fulton County, Illinois at a regular meeting this 20thday of March , 2007 upon a roll call vote as follows: AYES: Aldermen Berardi, Hartford, West:, Sarff, Meade, Carl, Schenck, Lewis NAYS: None . ABSENT: None . r W. Heinze, Mayor Attest: g d I ~~(~ Nancy es, City Clerk Agreement ~~3794 Voluntary Release and Waiver of Liability This voluntary Release and Waiver of Liability (the "Release") is made and entered into between Mike Eveland, City of Canton, Illinois, Police Department (the "Department") and the City of Canton, Illinois (the "City") effective as of the below-indicated date. The undersigned desires to adopt a German Shepherd registered as Ronnie D H ("Roko"), and as an inducement to the Department to agree to the adoption, the undersigned hereby represents, acknowledges and agrees as follows: I acknowledge that, due to the unpredictable nature of animals and due to Roko's specialized training during his use as a K-9 officer of the Department, certain risks and dangers may occur while caring for Roko, including risks of injury to person and property, and that I have voluntarily agreed to make the adoption contemplated herein with full knowledge of such risks and hereby voluntarily assume all such risks. 2. I agree that I will not make any claims against, sue or attach any property of the Department or of the City, their directors, officers, agents, employees and all other agents, and attorneys for any of the referenced parties, and any other parties acting for, or on behalf of any of the referenced parties for any injury or damages caused by Roko, excluding any workman's compensation claims related to my handling of Roko occurring prior to the date of this Release. 3. I agree that I will not use Roko and/or the specialized training obtained while Roko was utilized as a K-9 officer for the City of Canton, Illinois, Police Department for any commercial purpose. 4. I hereby voluntarily release, discharge, waive and relinquish any and all actions or causes of action for personal injury, property damage or wrongful death occurring to me or third parties as a result of any action or activity of Roko, wherever and however the same may occur which I have against the Department or the City or any of their directors, officers, agents, employees and all other agents, and attorneys for any of the referenced parties, and any other parties acting for, or on behalf of any of the referenced parties, whether the same shall arise by the negligence of said persons or otherwise. IT IS MY INTENTION BY THIS INSTRUMENT TO EXEMPT AND RELEASE THE DEPARTMENT AND THE CITY FROM ALL LIABILITY FOR PERSONAL INJURY, PROPERTY DAMAGE OR WRONGFUL DEATH CAUSED BY NEGLIGENCE OR OTHERWISE. 5. I hereby agree to hold the Department and the City and their directors, officers, agents, employees and all other agents, and attorneys for any of the referenced parties, and any other parties acting for, or on behalf of any of the referenced parties harmless and indemnity them from and against any liability, claims, judgments or expenses I may incur arising out of my adoption of Roko and/or my ownership or care of Roko thereafter. 6. I HAVE CAREFULLY READ THE FOREGOING, AND I UNDERSTAND THAT TOGETHER THEY CONSTITUTE A DISCLAIMER OF LIABILITY BY THE DEPARTMENT AND THE CITY AND A RELEASE OF ALL CLAIMS BY ME. I UNDERSTAND THAT I ASSUME ALL RISKS INHERENT IN MY DECISION TO ADOPT ROKO FROM THE DEPARTMENT AND THE CITY AND ANY RELATED ACTIVITIES. I VOLUNTARILY SIGN BELOW TO EVIDENCE MY ACCEPTANCE OF THE ABOVE RESTRICTIONS. 7. If any portion of this Release is held invalid, it is agreed that the balance hereof shall continue in full legal force and effect. 8. This Release is governed by the laws of the State of Illinois applicable to agreements entered into and fully performed therein. Executed in Canton, Illinois on Maxch 20th , 2007. Mike Eveland Jeffrey Fritz, Chief of Police, City of Canton, Illinois W. H ' ~ e, Mayor, City Canton, ~Illi