95-81 Resolution No. 95-81
RESOLUTION
AUTHORIZING EXECUTION OF AN AGREEMENT WITH THE
ELGIN CHAPTER HOG OWNER' S GROUP, INC.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN,
ILLINOIS, that Richard B. Heiwig, 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 Chapter HOG Owner' s Group, Inc. 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: April 12 , 1995
Adopted: April 12, 1995
Omnibus Vote: Yeas 7 Nays 0
Attest:
s/ Dolonna Mecum
Dolonna Mecum, City Clerk
AGREEMENT
This agreement is made and entered into this 07'f' day
of ,( , 1995, by and between the City of Elgin, Illinois,
a municipal corporation (hereinafter referred to as "City" ) , and
the Elgin Chapter HOG Owner' s Group, Inc. , a not for profit
organization, (hereinafter referred to as "HOG" ) .
WHEREAS, the City has determined it to be in its best
interests to enter into an agreement with HOG 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.
4 . HOG 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 . HOG shall provide ten days written notice, or
notice as directed in writing by the director, to the director
prior to any litter collection.
6 . HOG 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 . HOG 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. HOG shall maintain and made available a first-aid
kit and adequate supply of drinking water for its members during
each litter collection.
9 . HOG 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 . HOG 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. HOG shall conduct, through a group coordinator or
designee, group safety meetings and shall require its members to
receive safety training as directed by City.
2
12 . HOG shall obey and abide by all laws, regulations
and ordinances, including, but not limited to, those relating to
safety, and shall adhere to all other safety directives as may
be provided by City.
13 . HOG 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 . HOG shall not allow any person under the age of
thirteen ( 13) to participate in any litter collection.
15 . HOG shall require each of its members to attend a
safety meeting conducted by HOG prior to any member participat-
ing in any litter collection.
16 . HOG 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 HOG.
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 HOG.
19 . City shall provide bags to HOG.
3
20 . City shall provide any safety apparel or signs to
HOG 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 HOG 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.
4
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 19 , from Liberty Street to
Woodview Drive.
CITY OF ELGIN
By
City Manager
At est:
C ty Clerk (Seal)
By ."°<o %
Elgin Chapter HOG Owner' s roup, Inc .
Its Pec-i-OK
Officer
5
�n
/„ Agenda Item No .
:9
Ze
\tie n i
March 10, 1995
TO: Mayor and Members of the City Council
•
FROM: Richard B. Helwig, City Manager
SUBJECT: Adopt-A-Highway Agreements
with IDOT, City of Elgin and
Elgin Harley Owners Group
PURPOSE
To provide the Mayor and members of the City Council with
information to consider authorizing the Elgin Harley Owners
Group to adopt a section of state highway in Elgin, under the
sponsoring jurisdiction of the City of Elgin.
BACKGROUND
The State of Illinois passed legislation in 1992 allowing
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 Elgin Harley Owners Group. They
proposed adopting Route 19, from Liberty Street to Woodview
Drive.
An agreement with IDOT is required and a copy is attached for
your consideration. The Mayor's signature is required on
behalf of the City. An agreement between the City and the
Elgin Harley Owners Group is also attached for your considera-
tion. This agreement requires the signature of the City
Manager.
The Adopt-A-Highway program has been successful in Illinois,
as well as throughout many states in the nation. We believe
this program greatly improves the quality of life in our
community. This is the sixth agreement to be processed per
the attached summary sheet which provides a status report on
the overall program in Elgin.
.4 -
Mayor and Members of the City Council
March 15, 1995
elk Page 2
The City will be obligated to install signs at each end of the
adopted section with the name of the group displayed. The
City will provide trash bags, safety vests and safety train-
ing. The City will collect the bags of trash four times each
year.
COMMUNITY GROUPS/INTERESTED PERSONS CONTACTED
None.
FINANCIAL IMPACT
The estimated cost is $500 per year. Funds are available and
would be charged to Account Numbers 010-3321-753 . 19-08 for two
signs and 010-3331-754 . 33-02 for disposal .
LEGAL IMPACT
None.
RECOMMENDATION
CIt is recommended that the City Council authorize the Mayor to
execute the Adopt-A-Highway agreement between the City and
IDOT, as well as for the City Manager to execute the agreement
between the City and the Elgin Harley Owners Group.
R spectfull js mi ted,
Gly / QIof
James L. Kristiansen
Public Works Director
Ric and B. Helwig J
City Manager
RBH:GWM:mg
Attachments
C
41 • -
07-Mar-95 -
r
CITY OF ELGIN
ADOPT-A-HIGHWAY
U PROGRAM U
GROUP BLUE- .. BAHM ELGIN A.M. NOON ZONTA CLUB ? ELGIN HARLEY
NAME KNIGHTS COMM. ROTARY CLUB KIWANIS • OF ELGIN • OWNERS GROUP
CONTACT *
PHONE# ED UFLAND BARB TRESE DWAIN TATARYN BOB BRONSKI DOLORES ZIMMERMAN ALICE KRAMER
695-1975 742-6692 888-8600 888-0747 931-1606 931-6060
ADDRESS 105 S. LYLE AVE 2116 ROSE CT. 3 CRESCENT ST. 45 BUNKER HILL AVE. 619 E. Chicago St.
E.P.D. #3, ELGIN, IL 60123 SCHAUMBURG, IL 60194 ELGIN, IL 60123 S. ELGIN ,IL 60177 ELGIN,IL 60120
SECTION ROUTE 31-20 ROUTE 25- ROUTE 31- ROUTE 58- ROUTE 19-
BY PASS TO ROUTE 31-190 BRANDT TO SOO R.R. TO HIAWATHA TO LIBERTY TO
S. CITY LIMITS TO SOO R.R. CONGDON KIMBALL E. CITY LIMITS WOODVIEW
DATE _
REQUESTED 7-'93 9- '93 2- '94 5-'94 3-'94 4- '94
CITY 8- '93 10- '93 4- '94 7-'94 8-'94
PERIOD 8- '95 10- '95 4- '96 7-'96 8-'96
IDOT 5- '93 10- '93 1- '94 7-'94 8-'94
VINOD 5- 95 10- '95 1- '96 7-'96 8-'96
ik NTNG
DATE 2-1-94 4-25-94 5-26-94 9-27-94 8-23-94
'#OF
BAGS 25 75 25 25 35
#OF
VESTS 13 13 15 15 15
DATES COLLECTED
1 4-24-94 5-22-94 9-18-94 11-6-94 10-23-94
5 Begs 12 Bags _ 5 Begs 28 Bags 5 Bags
2 6-26-94 7-10-94
2 Begs 13 Bags
3 9-18-94 8-28-94
2 Begs 15 Begs
4 11-06-94 10-23-94
2 Begs 20 Begs
5
7
' 8
9 '
10
11
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ADPTHWAY.W82