HomeMy WebLinkAboutRESOLUTIONS-1976-073-R-76e
12/10/76
73-R- 76
A RESOLUTION
Relating to Self -Insurance
WHEREAS, the City Council of the City of Evanston is
considering alternative methods of.insuring the City and its
employees for public liability arising out of the operations of
.the City of Evanston and the activities of City Employees; :and
WHEREAS, it is. possible that liability insurance may
not be secured because of the present condition of the insurance
market; and
WHEREAS, the City of Evanston and its employees fall
Or within the terms of the local governmental and governmental
employees' tort immunity act found in Chapter_ 85 of'the Ill. Rev.
Stat.; and
WHEREAS, said statute limits the liability of the City
of Evanston and its employees for certain governmental activities,
and
WHEREAS, the City of Evanston is required to indemnify
certain of its employees, including firemen and policemen, for
certain acts under the provision of Division 4 of Chapter""24 s*f
the Ill. Rev. Stat.; and _
WHEREAS, it is the desire of the City Council of the
City of Evanston to indemnify and defend all City officers and
73-R-76
employees from any acts undertaken .in the scope of their duties
in the event that liability insurance is not secured; and
WHEREAS, it is the policy of the City of Evanston to
defend all actions brought against its officers and employees
in the event of possible liability arising out of acts under-.
taken within the scope of their duties of such officers and
' -employees:
I
NOW, THEREFORE — BE IT RESOLVED BY THE CITY COUNCIL OF
a THE CITY OF EVANSTON, COOK COUNTY, ILLINOIS:
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PARAGRAPH 1: That in the event that the City of
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Evanston is unable or unwilling to secure
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' liability.insurance:, which in whole or in part will cover all
acts of .City officers and employees, the.City shall defend at
law or in equity any officer or employee who is a party to a
civil action arising out of the official duties of said officer
or employee, and in the event that any judgment or award against
such officer or employee is assessed by any court of a competent,
jurisdiction the City shall pay such judgment or award and.
t
otherwise indemnify said officer and employee for all costs,,
damages,.and judgments assessed. That the City of Evanston shall,
by its own law department or+*by -such"!counsel as may be approved
by the City Council, provide legal defense without cost to any
officer or employee who is sued in law or equity because of acts
arising out of said officer's or employee's official duties.
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73-R- o b
PARAGRAPH 2: It is the purpose and intent ,of this
Resolution to provide all officers and
employees. of the,City of Evanston with the protection and in-
demnification, including the service of counsel, which would
otherwise be available in the event that the City was covered
by'comprehensive liability insurance in the usual form. That
this Resolution is adopted for the purpose, among other things,
of assuring the officers and employees of the City of Evanston
of the continued acceptance of the City of its responsibilities
to defend all officers or employees for any acts or activities
undertaken in the scope of their employment and to pay all
judgments, costs, and awards.which may be assessed against them
by reason of their official duties.
PARAGRAPH 3: Nothing herein contained is intended to
or shall result in the waiver of any
immunity bestowed on.the City of Evanston, its officers, and
employees by the operation of the local governmental and govern-
mental employee's tort immunity act or any other statute of the
State of Illinois or the United States. It is the.intent of
the Coy of Evanston to avail itself of all defenses provided.
by such immunity statute on behalf of itself, its.officers, and -o
employees.
/s/ Edgar vanneman, Jr.
Mayor
ATTEST:
f/ UaL ri r#% F _ RrCLWn
City Clerk
Adopted December .20 , 1976
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