HomeMy WebLinkAboutRESOLUTION - 52-96 - 9/24/1996 - INTERGOVERNMENTAL AGREEMENTRESOLUTION NO. 52-96
INTERGOVERNMENTAL AGREEMENT RELATING
TO THE O'I1AkRE COMMISSION
This agreement is entered into by the undersigned municipalities and
other political subdivisions of the State of Illinois (referred to hereafter as
"Participants". In consideration of the mutual agreements contained in this
Agreement, each Participant agrees as follows:
Section 1. Establishment of O'Hare Commission; Purposes.
The O'Hare Commission is hereby established pursuant to Section 10
of Article VII of the Illinois Constitution of 1970 and the Intergovernmental
Cooperation Act. The purposes of the Commission are to: a) advise the
Governor, the General Assembly, and the City of Chicago relating to O'Hare
related issues, including but not limited to those involving noise and air
pollution; b) develop and implement a fair and comprehensive program for
the soundproofing of all noise impacted residential structures (homes,
condominiums, apartments, et. al.) and other noise sensitive structures
impacted by O'Hare noise (e.g. schools, churches, nursing homes, libraries,
etc.); c) develop and implement an independent noise monitoring system
owned, managed, and operated by the noise impacted suburban communities
around O'Hare, and d) insure that air pollution concentrations of toxic and
hazardous air pollutants generated by O'Hare that are breathed by our
children and other health sensitive citizens are reduced to health protective
levels.
Section 2. Composition and Organization.
(a) The O'Hare Commission shall consist of the mayor, village
president, or chief executive officer of each of the municipalities who join The
O'Hare Commission and sign this Agreement. In addition members of the
Commission shall include as well a one member of the DuPage County Board
designated by the Chairman of the DuPage County Board and representing
the unincorporated areas of Addison Township in DuPage County and one
member of the Cook County Board appointed by the Chairman of the Cook
County Board representing the unincorporated areas of Leyden, Maine,
Niles, and Norwood Park Townships, provided that the DuPage County
Board and Cook County Board sign and enter into this Agreement.
(b) Requirements for membership.
(1) The parties to this Agreement recognize that continued
expansion of O'Hare will result in increased frequency of noise and increased
air pollution being inflicted on the citizens of the member communities and
that such continued expansion is damaging and destructive to the health and
quality of life of their communities. Therefore, each Participant to this
Agreement agrees that no municipality or county may join the Commission
without first agreeing to oppose further expansion of O'Hare airport --
including but not limited to opposing construction of new runways.
(2) Each Participant must also certify in writing as a condition of
joining The O'Hare Commission that a significant number of its residents are
adversely affected by noise or air pollution generated by O'Hare operations.
(c) The O'Hare Commission shall elect annually from its members a
Chair and a Vice Chair and any other officers that it deems necessary. The
O'Hare Commission shall also appoint, retain and employ such staff,
professional advisors, and consultants as may be needed to carry out its
powers and duties.
(d) The concurrence of a majority of members of the O'Hare
Commission shall be necessary for the approval of any action by the O'Hare
Commission. A majority of the O'Hare Commission shall constitute a
quorum for the transaction of business. The O'Hare Commission may
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establish a schedule of regular meetings and a special meeting may be called
by any two members of the O'Hare Commission upon at least seven days
written notice to each participant.
Section 3. O'Hare Commission Powers and Duties.
(a) The O'Hare Commission shall have the following duties and
powers:
(1) The O'Hare Commission shall advise the Governor, the General
Assembly, and the City of Chicago regarding O'Hare related issues, including
but not limited to noise and air pollution issues. By joining the O'Hare
Commission each Participant agrees that it will not advise, promote or
otherwise agree to further expansion of O'Hare Airport, including but not
limited to advice, promotion, or agreement for the construction of new
runways at O'Hare.
(2) The O'Hare Commission shall seek funding for a comprehensive
soundproofing program for residences, schools, and other noise impacted
facilities adversely impacted by noise generated by O'Hare operations. The
scope of the O'Hare Commission's effort shall not be limited by some artificial
"average" 24 hour or six month noise contour but shall extend to all
residences, schools, churches, and other structures suffering actual
significant noise impact which causes interference with the use and
enjoyment of those structures.
(3) The O'Hare Commission shall seek funding to own, operate and
manage an independent noise monitoring system designed to be responsive
to the needs and concerns of each of the Participant communities, and, to the
extent practicable, controlled by each of the Participant communities. The
data collected by the noise monitoring system shall by available to the
residents of each community and shall be available should any Participant or
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community resident need to use the data in a judicial or administrative
proceeding.
(4) The O'Hare Commission shall exercise its best efforts to demand
that appropriate law enforcement and environmental officials: (a) measure
and report the total amount of toxic and hazardous air pollutants generated
by O'Hare activities; (b) measure and report the concentrations of these toxic
and hazardous pollutants from O'Hare in the ambient air of communities
surrounding O'Hare; (c) take all necessary regulatory and enforcement action
to reduce the release of toxic and hazardous air pollutants from O'Hare to
levels that are protective of the public health and welfare of the citizens who
live around O'Hare.
(5) All data, documents or other information collected by the O'Hare
Commission shall be available to each Participant for use in any judicial or
administrative proceeding brought by that Participant or any of its citizens.
(6) The O'Hare Commission shall adopt by-laws and rules for the
conduct of its meetings and decision-making processes.
(7) The O'Hare Commission shall represent the Participant
communities in any negotiations or discussions with the State of Illinois or
City of Chicago as to O'Hare related issues. However, no agreement
negotiated by the O'Hare Commission shall be binding on any Participant
unless approved in writing by governing body of the Participant.
Section 4. Term of Agreement This Agreement shall be effective
on Sept. 24, 1996 and shall terminate on December 31, 2005 unless
otherwise terminated with the written consent of two-thirds of the
Participants. Any Participant may withdraw at any time by providing
written notice to the Chairman of the O'Hare Commission. Upon such notice
of withdrawal the Participant shall have no further rights or obligations
under this Agreement except that the Participant's obligation -- to refrain
from advising, promoting or otherwise agreeing to further expansion of
O'Hare Airport, including but not limited to advice, promotion, or agreement
for the construction of new runways at O'Hare -- shall continue to the end
date of this Agreement.
Section 5. Advisory Organizations. The Participants to this
Agreement recognize that there are many public and private organizations
within each Participant community that are concerned about noise and air
pollution from O'Hare and other O'Hare related issues. These organizations
include school districts, hospitals, park districts, library districts, police and
fir departments, nursing homes, homeowners organizations, senior citizens
groups and numerous other organizations. Each participant shall establish
or designate an advisory body for each Participant community to advise the
Mayor or Chief Executive, or other representative of each Participant
community on issues relating to O'Hare.
Section 6 Miscellaneous
(a) This Agreement may be executed in one or more counterparts,
each of which shall be considered an original instrument, but all of which
shall be considered one and the same agreement, and shall become binding
when one or more counterparts have been signed by each Participant,
(b) This Agreement may not be amended without the express
written consent of each Participant. However, the Agreement may be
terminated in its entirety by a two-thirds vote of all the Participants. Any
such vote to terminate shall be taken at a public meeting of the O'Hare
Commission, after at least ten days written notice of both the meeting and
the intent to vote on the termination issue at the meeting.
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Executed as of this 12th day of Nov. , 1996
By:
Dennis J. Gallitano
Elk Grove Village President
Attest:
Patricia S. Smith
Elk Grove Village Clerk
VOTE: AYES: 6 NAYS: 0 ABSENT: 0
PASSED this 24th day of September —1 1996.
APPROVED this 24th day of September —1 1996.
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