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Home My WebLink AboutORDINANCE - 2046 - 6/13/1989 - SOLID WASTE AGENCY AGRMT AMENDEDORDINANCE NO. 2046 AN ORDINANCE APPROVING AND AUTHORIZING THE EXECUTION OF AN AGREEMENT OF AMENDMENT TO ORDINANCE NO. 1957 AN AGREEMENT ESTABLISHING THE SOLID WASTE AGENCY OF NORTHERN COOK COUNTY AS A MUNICIPAL JOINT ACTION AGENCY BE IT ORDAINED, by the President and Board of Trustees of the Village of Elk Grove Village, Counties of Cook and Du Page, Illinois as follows: Section 1: It is found and declared that: (a) The Village of Elk Grove Village (the "Village") and 27 other municipalities (the "Municipalities") have entered into An Agreement Establishing the Solid Waste Agency of Northern Cook County as a Municipal Joint Action Agency (the "Agency Agreement") which created the Solid Waste Agency of Northern Cook County (the "Agency"); (b) The Agency Agreement provides that a Director of the Agency must be (i) a Municipality's Mayor or President, (ii) an elected member of its corporate authorities, or (iii) its chief administrative officer; (c) It is in the best interest of the Agency and of the Village that the Agency Agreement be amended to require that a Director of the Agency be (i) a Municipality's Mayor or President, (ii) a member of its corporate authorities or (iii) its chief administrative officer, as provided in Section 1 of the Agreement of Amendment presented to this meeting, and attached hereto and made a part hereof; (d) Section 11 of the Agency Agreement provides for amendment of the Agency Agreement by a written agreement authorized by an ordinance of the corporate authorities of each Municipality; and (e) The Village desires to authorize the Agreement of Amendment. Section 2: The Village approves the execution and delivery on its behalf of the Agreement of Amendment. Section 3: The Clerk of the Village is authorized and directed to send two certified copies of this Ordinance and two executed originals of the Agreement of Amendment to the Executive Director of the Agency within five days of the adoption and approval of this Ordinance. The President, Clerk and other employees of the Village are authorized and directed to take whatever steps are necessary for the Village to execute and deliver the Agreement of Amendment as provided herein. Section 4: That this Ordinance shall be effective upon passage and approval. VOTE: AYES: 5 NAYS: 0 ABSENT: 1 PASSED this 13th day of June , 1989. APPROVED this 13th day of June , 1989. ATTEST: Patricia S. Smith Village Clerk Charles J. Zettek Village President SOLID WASTE AGENCY OF NORTHERN COOK COUNTY AGREEMENT OF AMENDMENT THIS AGREEMENT OF AMENDMENT is entered into by and between those municipalities (the "Municipalities") who are members of the Solid Waste Agency of Northern Cook County (the "Agency") WITNESSETH: WHEREAS, the Municipalities are all members of the Agency; WHEREAS, the Agency was established and is governed by An Agreement Establishing the Solid Waste Agency of Northern Cook County as a Municipal Joint Action Agency (the "Agency Agreement"); WHEREAS, Section 11 of the Agency Agreement provides that the Agency Agreement may be amended by written agreement of the Municipalities, authorized by ordinances of their respective corporate authorities; and WHEREAS, the Municipalities desire to amend the Agency Agreement as provided herein; NOW, THEREFORE, THE MUNICIPALITIES AGREE AS FOLLOWS: SECTION 1. Paragraph 8.2 of the Agency Agreement is amended to read as follows (the deleted language being struck -through in this Agreement of Amendment only for ease of understanding): 8.2 The governing body of the Agency shall be the Board of Directors. There shall be one Director for each Member, who shall be appointed by vote of the corporate authorities of the member and who at the time of appointment shall be the (i) Mayor or President of a Member (if such Member is a municipality) or the President or Chairman of a Member (if such Member is a County), (ii) another a+eeted member of the corporate authorities of the Member or (iii) the chief administrative officer of the Member. The term of each initial Director shall begin when he or she is appointed and shall continue until April 30, 1991 and until his or her successor is appointed, Thereafter, all Directors shall be appointed for two-year terms expiring on April 30 of odd numbered years. Except as provided in paragraph 8.4, a person serving as a Director shall serve until his or her term expires, and thereafter until his or her respective successor is appointed. Each Director shall have one vote on the Board of Directors. Paragraph 8.4 of the Agency Agreement shall be amended to read as follows (the deleted language being struck -through in this Agreement of Amendment only for ease of understanding): 8.4 All appointments of Directors and Alternate Directors shall be by ordinance or resolution of the -2- corporate authorities of the appointing Member, a certified copy of which shall be filed with the Secretary of the Agency. Should any Director or Alternate Director cease to serve as the President, Mayor, Chairman, eieeted member of the corporate authorities or chief administrative officer of the appointing member, that person shall simultaneously cease to serve as Director or Alternate Director of the Agency and the position shall be vacant. Any vacancy in the office of Director or Alternate Director shall be filled by appointment by the Member with respect to which the vacancy exists. Directors and Alternate Directors shall receive no compensation for their service in this capacity but may be reimbursed by the Agency for reasonable and necessary expenses incurred in performance of their duties. SECTION 2. This Agreement of Amendment shall become effective upon its execution and delivery to the Executive Director of the Agency by all the Municipalities. IN WITNESS WHEREOF the signatories to this Agreement of Amendment have caused it to be executed by their duly authorized officers on the dates specified below. This Agreement of Amendment may be executed in counterparts. -3- Solid { hste Of Abrrhern Cook County lel South Emerson "font Prospect. IL 60056 Phone 312 '253-6323 Fur 31=/353-6330 •Vembers Hanover Park Pm. a Sheila H. Schultz Hoffman Estates Park Ridge Chi. . B1..1'Di,mrs Arlinvon Heights Inverness Prospect Heivhts Angelo J. Pnlvere Barrington Kenilworth Rolling Meadows g' Buffalo Grove Lincolnwoml Roselle Vie Charm" Des Plaines Morton Grove Skokie William R. Balling Elk Grove Village Mount Prospect South Barnr r . wg7 rr. mnunee Evanston ,Niles Wheeling � �^ Glencoe Northbrook Wilmette �'J L� L�iI`iaFl(?b P) Glenvie Northfield Winnetka j� Erlerunve'Di.enul J TO: Cit /Vi lage Managers r FROM: /i�_LriBEA� �t�op UFH!`F Willi F. Abolt, Executive Director SUBJECT: Amendme t t the Agreement Forming the Solid Waste gency DATE: May 26, 1989 t11 INTRODUCTION AND RECOMMENDATION vi At the May 10 meeting of the Board of Directors, the Q Solid Waste Agency unanimously endorsed an amendment iA to the Intergovernmental Agreement forming SWANCC. -� That amendment (enclosed) would strike language in the agreement which prohibits a trustee or alderman who is appointed to fill a vacancy on the corporate authority of a member from serving as a director or alternate director of SWANCC. BACKGROUND Under the Agency Agreement only the mayor, the manager, or an "elected member of the corporate authorities" may represent a member community on the Agency Board. The Agency's counsel has interpreted this provision to prohibit appointed alderman or trustees from serving on SWANCC. ! ? v' c� It was the consensus of the Board of Directors that o the distinction between elected and appointed -0 ,o aldermen/trustees was not intended. In fact, the ..• Board felt strongly that a member community should not be limited in its ability to select the member of the corporate authority who is best able to represent its interests. The Board is requesting that Agency members consider at their earliest convenience the enclosed amendment and the ordinance authorizing its q execution. The reason, execution of the amendment 7 ;o would allow Mount Prospect Village Trustee Ralph\ Arthur to continue to serve on the Board of Directors 3 and Executive Committee of the Solid Waste Agency. ilk � � it Trustee Arthur, who, while unsuccessful in his recent effort to gain reelection to the Village Board, in May was appointed to fill the unexpired term of Gerald Farley who had been elected Mayor. Trustee Arthur has been a longstanding and active member of the solid waste program. He served on the Solid Waste Oversight committee of the Northwest Municipal Conference and as a member of SWANCC's Executive Committee. Given his experience with, contributions to and understanding of the solid waste program, the Board of Directors felt that it was important that Trustee Arthur continue to represent the Village and serve the Agency. The Board voted to keep Trustee Arthur's seat on the Executive Committee vacant while the amendment to the Agency agreement is considered. s Section 11 of the Agency Agreement provides for amendment of the Agreement by a written agreement authorized by an ordinance of the corporate authorities of each municipality. This is the only way in which an amendment can be made, andve ery community must approve of the amendment. Enclosed for your community's consideration are: (1) a copy of the ordinance which each community is being asked to approve, and (2) a copy of the ordinance that authorizes execution of the amendment agreement. Upon approval, two certified copies of the ordinance and two executed copies of the amendment should be sent to the Solid Waste Agency. The Amendment will not become effective until the Agency has received copies of this ordinance and signed amendments from each community. Thank you in advance for your cooperation. If you have any questions or would like further assistance, please do not hesitate to contact me or John Janicik at Mayer, Brown & Platt - 701-7323. kk