95-240 Resolution No. 95-240
RESOLUTION
AUTHORIZING EXECUTION OF AN AGREEMENT WITH THE
ELGIN BAHA' I COMMUNITY
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN,
ILLINOIS, that Richard B. Helwig, City Manager, and Dolonna
Mecum, City Clerk, be and are hereby authorized and directed
to execute an agreement on behalf of the City of Elgin with
the Elgin Baha' i Community for the adopt-a-highway program, a
copy of which is attached hereto and made a part hereof by
reference.
s/ Kevin Kelly
Kevin Kelly, Mayor
Presented: November 8, 1995
Adopted: November 8, 1995
Omnibus Vote: Yeas 6 Nays 0
Attest:
s/ Dolonna Mecum
Dolonna Mecum, City Clerk
AGREEMENT
This agreement is made and entered into this day
of W. , 1995, by and between the City of Elgin, Illinois,
a municipal corporation (hereinafter referred to as "City" ) , and
the Elgin Baha' i Community, a Religious Organization, (hereinaf-
ter referred to as "Baha' i" ) .
WHEREAS, the City has determined it to be in its best
interests to enter into an agreement with Baha' i pursuant to
Illinois Compiled Statutes, 605 ILCS 120/1, et seq. , commonly
known as the Illinois Adopt-a-Highway Act; and
WHEREAS, the City has determined it to be in the best
interest of its citizens to maintain clean and attractive high-
ways.
NOW, THEREFORE, for and in consideration of the mutual
promises and covenants contained herein, the sufficiency of
which is hereby acknowledged, the parties hereto agree as fol-
lows:
1 . Definitions as used herein shall be those used at
Illinois Compiled Statutes, 605 ILCS 120/10, (hereinafter re-
ferred to as "Act" ) .
2. This agreement is made and entered into pursuant
to the terms of the Act. In the event of any omissions or
ambiguity of any of the provisions of this agreement, the terms
of the Act shall apply.
3 . This agreement shall terminate two years after the
execution date entered above.
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4 . Baha' i shall collect litter along an adopted
section as defined in the Act no less than four times in each
twelve month period, or as directed by the director, as defined
by the Act.
5 . Baha' i shall provide ten days written notice, or
notice as directed in writing by the director, to the director
prior to any litter collection.
6 . Baha' i shall require, and hereby agree, that each
of their members shall wear, in its intended manner, any safety
apparel provided by City while collecting litter.
7 . Baha' i shall prohibit, and shall be responsible
for failure to prohibit, its members from possessing, consuming
or being under the influence of alcohol or any drugs while on an
adopted section.
8. Baha' i shall maintain and made available a
first-aid kit and adequate supply of drinking water for its
members during each litter collection.
9 . Baha' i shall not subcontract or otherwise assign
or delegate its responsibilities or duties pursuant hereto, to
any other group or person or permit any other group or person to
perform such responsibilities or duties .
10. Baha' i shall place all collected litter in bags
provided by City, and shall place filled bags at a location on
the adopted section as designated by the director.
11. Baha' i shall conduct, through a group coordinator
or designee, group safety meetings and shall require its members
to receive safety training as directed by City.
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12 . Baha' i shall obey and abide by all laws, regula-
tions and ordinances, including, but not limited to, those
relating to safety, and shall adhere to all other safety direc-
tives as may be provided by City.
13 . Baha' i shall provide at least one supervisor no
less than twenty-one (21) years of age for each five (5) persons
under the age of eighteen ( 18) who are present on an adopted
section at any time.
14 . Baha' i shall not allow any person under the age of
thirteen ( 13) to participate in any litter collection.
15 . Baha' i shall require each of its members to attend
a safety meeting conducted by Baha' i prior to any member
participating in any litter collection.
16 . Baha' i shall hold harmless and indemnify the City,
its agents, employees and assigns from and against any and all
claims for damages, causes of action, suits, or any other
liability resulting from or arising out of the performance of
this agreement, specifically including, but not limited to, any
such claims for damages, causes of action, suits or any other
liability resulting from any negligent acts or omissions by
City, its agents, employees or assigns .
17 . City shall determine the specific section of
right-of-way which shall be adopted by Baha' i .
18. City shall erect a sign which shall conform to the
requirements of Section 35 of the Act at each end of the adopted
section, which signs shall display the name or acronym of Baha' i .
19 . City shall provide bags to Baha' i .
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20 . City shall provide any safety apparel or signs to
Baha' i which City may deem necessary or desirable within its
sole discretion.
21. City shall remove filled bags from the adopted
section as soon as practical after litter collection has oc-
curred, and shall otherwise remove litter from any adopted
section only under circumstances involving unusually large,
heavy or hazardous items .
22 . City may terminate this agreement in the event of
a breach of any of the terms contained herein, or if City deter-
mines that Baha' i involvement in this agreement is inconsistent
with any restrictions or limitations established by City, upon
written notice.
23. This agreement represents the entire agreement
between the parties hereto. No oral representations, promises,
terms or agreements have been made, and any such representa-
tions, promises, terms or agreements shall be of no force and
effect.
24 . If any of the terms of this agreement conflict
with any of the terms of any other written agreement between the
parties hereto, the terms of this agreement shall apply.
25 . The terms of this agreement shall be considered
severable. If any of the terms or provisions contained herein
are found to be void, illegal or otherwise unenforceable, the
remainder of this agreement shall remain in full force and
effect.
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26. This agreement shall not be deemed to constitute
an employment relationship, joint venture or partnership between
the parties hereto.
27 . The agreement shall be subject to and governed by
the laws of the State of Illinois.
28. Section Involved: Route 31, from I-90 Tollway to
Soo Line Railroad overpass .
CITY OF ELGIN
By hl c q
City Manager
Attest:
City Clerk - (Seal)
By4
�" --.
Baha' i
Its President
Officer
5
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in
eft °:E- ; Agenda Item No.
October 11, 1995
TO: Mayor and Members of the City Council
FROM: Richard B. Helwig, City Manager
SUBJECT: Adopt-A-Highway Agreement Renewal
with Baha' i Community
PURPOSE
To provide the Mayor and members of the City Council with
information to consider authorizing the renewal of the agree-
ment with the Baha' i Community who adopted a section of state
eft highway in Elgin, under the sponsoring jurisdiction of the
City of Elgin.
BACKGROUND
The State of Illinois passed legislation dated 9-16-92 cited
as the Illinois Adopt-A-Highway Act. This program allows
private citizens to support local anti-litter efforts by
allowing groups to adopt a section of highway for the purpose
of litter collection.
The City was contacted by the Baha' i Community in 1993 to
adopt Route 31 from I-90 -outh to the Soo Railroad. An
agreement with IDOT was require• an• s • • - . , revised
agreement between the City and the Baha' i Community is at-
tached for your consideration. The revised agreement extends .
the Baha' i Community' s commitment- another two years . This
agreement requires the signature of the City Manager.
COMMUNITY GROUPS/INTERESTED PERSONS CONTACTED
Baha' i Community and IDOT.
FINANCIAL IMPACT
The estimated cost .is $500 per year. Funds are available and
eft will be charged to Account Number 010-3331-754 . 33-02 for
litter disposal .
Adopt-A-Highway Agreement (Baha' i)
• October 11, 1995
Page 2
LEGAL IMPACT
None.
RECOMMENDATION
It is recommended that the City Council authorize the City
Manager to execute the revised agreement between the City and
the Baha' i Community for another two year period.
Respectfully/s mitted,
ti) W ��-) /Gvi i�c;V
ames L. Kristiansen
Public Works Director
Richard B. Helwig
City Manager
RBH:GWM:mg
Attachments
(Pk
MDM0006 .E/COWMEMO/OCT25
22-Sep-95
P" CITY OF ELGIN
ADOPT-A-HIGHWAY
PROGRAM •
• v
_
GROUP BLUE BAHA'I ELGIN A.M. ZONTA CLUB NOON ELGIN HARLEM MORNING
NAME KNIGHTS COMM. ROTARY CLUB OF ELGIN KIWANIS _ OWNERS GROUP KIWANIS
CONTACT Bill Diamond
PHONE# ED UFLAND BARB TRESE DWAIN TATARYN DOLORES ZIMMERMAN BOB BRONSKI ALICE KRAMER TERRY GAVIN
695-1975 742-6692 888-8600 931-1606 888-0747 931-6060 697-0104
ADDRESS 105 S. LYLE AVE 2116 ROSE CT 45 BUNKER HILL AVE. 3 CRESCENT ST. 619 E Chicago St
E.P.D. #3,ELGIN,IL 60123 SCI-IAUMBURG,IL 60194 S.ELGIN,IL 60177 ELGIN, IL 60123 _ ELGIN,IL 60120
SECTION -. ROUTE 31-20 ROUTE 25- ROUTE 58- ROUTE 31- ROUTE 19- ROUTE 19 -
BY PASS TO ROUTE 31-I90 BRANDT TO HIAWATHA TO SOO R R. TO LIBERTY TO WOODVIEW TO
S.CITY LIMITS TO SOO R R. CONGDON E.CITY LIMITS KIMBALL WOODVIEW SHALES PARKWAY
DATE
REQUESTED 7-'93 9- '93 2- '94 3.94 5-'94 3- '95 7-'95
CITY 8- '93 ' 10- '93 4- '94 8-'94 7-'94 5-'95
PERIOD 8- '95 10- 95 4- '96 8-'96 7-'96 5-'97 _
IDOT 5- '93 10- '93 1- '94 8-'94 7-'94 5-'95
PERIOD 5- '95 10- '95 1- '96 8-'96 7-'96 5-'97
TRAINING •
DATE • 2-1-94 4-25-94 5-26-94 8-23-94 9 27-94 7-25-95 10-3-95
#OF
BAGS 25 125 80 60 85 50
VP. 7
_ 13 13 15 15 21 26
DATES COLLECTED
1 4-24-94 5-22-94 9-18-94 10-23-94 11-6-94 9-24-95
5 Bags 12 Bags _ 5 Bags - 5 Bags 28 Bags
2 6-26-94 7-10 94 4-23-95 5-21-95 4-2-95 11-05-95
2 Bags 13 Bags 3 Bags } 7 Bags 20 Bags _
3 9-18-94 8-28-94 9-10-95 6-11-95 7-16-95
2 Bags 15 Bags _ 1 Bag 7 Bags 10 Bags
4 11-06-94 10-23-94 8-20-95 9-24-95
2 Bags 20 Bags 7 Bags
5 4-23-95 5-07-95
3 Bags 40 Bags
6 6-04-95 6-25-95
2 Bags 3 Bags
7 8-06-95 8-06-95
2 Bags 6 Bags
8
9
10 - -
11
12 - •
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ADPTHWAY WB2