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HomeMy WebLinkAbout09-114 Resolution No. 09-114 RESOLUTION PERMITTING THE ATTACHMENT OF PHOTO ENFORCEMENT EQUIPMENT TO KANE COUNTY HIGHWAY FACILITIES WHEREAS, the City of Elgin (City) desires to construct on and attach to certain County Highway(s) and appurtenances belonging thereto under the exclusive jurisdiction of the County of Kane (County Facilities) red light photo enforcement equipment (Enforcement Equipment) at highway intersections located in the City having County Facilities; and WHEREAS, the County has determined that the attachment of Enforcement Equipment to the County Facilities shall enhance the safety of the motoring public; and WHEREAS, pursuant to the County's Policy of Red Light Running (RLR) Camera Enforcement Systems, the County shall allow the construction and attachment of the Enforcement Equipment to County Facilities only upon the City: (i) making application for, and the County issuing, a duly authorized permit for the attachment of the Enforcement Equipment to the County Facilities (Permit), and (ii) providing to the County this duly authorized, approved and executed resolution from the City agreeing to fully abide by the terms and conditions of the Permit which shall require, among other things, the City to defend, indemnify and hold harmless the County of Kane for claims arising from or as a result of the design, construction, installation, operation and maintenance of the Enforcement Equipment and enforcement or collection activity relating thereto among other things; and WHEREAS, the City deems it to be in its best interest to adopt this resolution to facilitate the safety of the motoring public. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF CITY OF ELGIN, ILLINOIS: That the City agrees to fully abide and be bound by all terms and conditions of the Permit which shall require among other things that the City shall indemnify, defend and hold harmless the County of Kane for any and all claims from or against the County of Kane including attorney's fees and costs incurred by the County of Kane arising as a result of the design, construction, installation, operation and maintenance, operation of the Enforcement Equipment to County Facilities and the enforcement or collection activity relating thereto; and That the City hereby authorizes the City Manager to sign the County's Permit application for the Enforcement Equipment Systems s/Ed Schock Ed Schock, Mayor Presented: May 13, 2009 Adopted: May 13, 2009 Omnibus Vote: Yeas: 7 Nays: 0 Attest: s/Diane Robertson Diane Robertson, City Clerk