95-124 Resolution No. 95-124
RESOLUTION
AUTHORIZING EXECUTION OF AN INTERGO ERNMENTAL AGREEMENT
WITH THE SUBURBAN BUS DIVISION OF THE
REGIONAL TRANSPORTATION AUTHORITY
BE IT RESOLVED BY THE CITY COUNCI OF THE CITY OF ELGIN,
ILLINOIS, that Kevin Kelly, Mayor, a d Dolonna Mecum, City
Clerk, be and are hereby authorized and directed to execute an
Intergovernmental Agreement on behalf of the City of Elgin
with the Suburban Bus Division of the regional Transportation
Authority for the installation of b s signage within the
public rights of way, a copy of which is attached hereto and
made a part hereof by reference.
s/ Ke in Kell
Kevin felly, Mayor
Presented: June 14 , 1995
Adopted: June 14, 1995
Omnibus Vote: Yeas 7 Nays 0
Attest:
s/ Dolonna Mecum
Dolonna Mecum, City Clerk
INTERGOVERNMENTAL AGREEMENT
THIS AGREEMENT entered into t is -VL day of • .-L
1995, by and between the CITY 0 ELGIN, a municipal
corporation of Kane and Cook Counties, Illinois, a home rule
unit, within the meaning of the Const'tution of the State of
Illinois (hereinafter referred to as the "CITY" ) and the
SUBURBAN BUS DIVISION OF THE R:GIONAL TRANSPORTATION
AUTHORITY, a municipal corporation, ( ereinafter referred to
as "PACE" ) .
WITNESSETH:
WHEREAS, and the CITY and P ' CE are public agencies
within the meaning of the Intergovern ental Cooperation Act;
and
WHEREAS, the CITY and PACE -re also units of local
government within the meaning of Section 10 of Article VII of
the Constitution of the State of Illino' s; and
WHEREAS, the CITY and P 'CE are authorized to
contract among themselves to obtain or share services, or
exercise, combine or transfer any po er or function, in any
manner not prohibited by law; and
WHEREAS, the placement and aintenance of PACE bus
stop signs is a matter within the g•vernment and affairs of
the parties .
NOW, THEREFORE, in consid-ration of the mutual
promises and covenants contained he ein, the CITY and PACE
agree as follows :
1 . That the foregoing recitals are hereby
incorporated into this agreement in their entirety.
2 . The CITY agrees that PACE may install bus stop
signs in the public right of way in the CITY of Elgin
including any parkway or treebank upo written authorization
by the CITY' s Public Works Director. Additionally, prior to
any installation of such bus stop sig' s, PACE shall contact
"JULIE" for utility locations and secure any necessary
additional approvals or permits from other governmental
entities such as the Illinois Depart ent of Transportation,
Cook County, Kane County, and Elgin Township. It is further
agreed that the authorization to install and maintain any such
bus stop sign may be revoked by the C TY upon written notice
to PACE in the event the Public Works 'irector determines that
a bus stop sign presents a hazard to public safety or
otherwise interferes with CITY operatio s .
3. That all PACE bus stop . igns shall utilize the
standard PACE bus stop sign face ani• shall have signposts
which conform to the specifications of the Illinois Department
of Transportation and the Federal Highway Administration.
4 . That PACE agrees that any construction or
installation of bus stop signs within the public right of way
shall not cause permanent damage o , contamination to the
public right of way and that PACE s all fill and level and
otherwise repair the right of way p operty to the same or
equal condition as existed prior o the installation or
removal of a bus stop sign.
2
5 . That PACE hereby agrees to indemnify and hold
harmless the CITY, its officers, employ-es and agents, and any
of them, from and against any and all .amage, losses, claims,
causes of action, lawsuits, judgments, •r liability whatsoever
arising out of any negligence of PACE a- determined by a court
of competent jurisdiction relating to the subject PACE bus
stop signs being located within the public right of way. PACE
shall defend at its sole cost and =xpense and accept the
CITY's tender of defense of all lawsu'ts brought against the
CITY relating to the placement of PACD bus stop signs within
the public right of way.
IN WITNESS WHEREOF,the partes have executed this
agreement on the date first written abo e.
SUBURBAN BUS DIVISION OF THE CITY OF ELGIN, a municipal
REGIONAL TRANSPORTATI• corpora 'ion
AUTHORITY op
i i 1
By Ahab. - A By a,,-,_
744;
'' May•r
_ At = i Attest:
mac\, �tV�(?9_v\' 1 1 id •' 4-12-44-44,----
CITY Clerk
3
in
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Agenda Item No.
\W I
March 15, 1995
TO: Mayor and Members of the City Council
FROM: Richard B. Helwig, City Manager
SUBJECT: Intergovernmental Agreement with PACE
PURPOSE
This memorandum will provide the Mayor and members of the
City Council with information to consider entering into an
agreement with the Suburban Bus Division of the Regional
Transportation Authority (PACE) for the installation of bus
signage within the public rights of way.
BACKGROUND
The Legal Department has concluded negotiations with PACE
which has resulted in the attached Intergovernmental
Agreement.
The agreement authorizes PACE to install signage within the
City's public rights of way upon receiving a written permit
from Public Works.
COMMUNITY GROUPS/INTERESTED PERSONS CONTACTED
None.
FINANCIAL IMPACT
There will be no direct costs to the City as a result of this
agreement.
LEGAL IMPACT
None.
r
Mayor and Members of
emk the City Council
March 10, 1995
Page 2
RECOMMENDATION
It is recommended that the Mayor be au horized to enter into
an Intergovernmental Agreement with PAC: for the installation
of PACE bus signage within the public ri!hts of way.
R pec fully s mi ed,
James 1 . Kristiansen
Public Works Director
tcj
' \. ‘ . 6. Atiw7A h7-0),N
Ri hard B. Helwig
City Manager
JLK/do
Attachment
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