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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 -1- 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 -2- 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. -1- .; 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 -2-