HomeMy WebLinkAboutRESOLUTION - 67-84 - 9/25/1984 - AGRMT/SUBURBAN O'HARE COMMISSION RESOLUTION NO. 67-84
A RESOLUTION APPROVING AN AGREEMENT BY AND BETWEEN THE
SUBURBAN O'HARE COMMISSION AND MEMBER MUNICIPALITIES
NOW; THEREFORE� BE IT RESOLVED by the President and Board of Trustees
of the Village of Elk Grove Village, Counties of Cook and DuPage, State
of T" nois:
Section 1. That the Village President be and is hereby authorized to
sign the attached documents ma ked AGREEMENT (Suburban O'Hare
Commission) a copy of which is attached hereto and made a part
hereof as if fully set forth and the Village Clerk is authorized to
attest said documents upon the signature of the Village President.
Section 2. That this resolution shall be in full force and effect
from and after its passage and approval according to law.
PASSED this 25th y of September 1984 -
APPROVED this __2�5th day of September 198h .
VOTE: AYES: 5
NAYS: 1
ABSENT: 0 Charles J. Zettek
President
Attest:
Patricia S. Smith
Village -Clerk
AGREEMENT
AGREEMENT made this day of 1984 ,
by and between SUBURBAN O'HARE COMMISSION (SOC) and the
following communities, all of which are Illinois municipal
corporations and members of SOC: Addison, Bensenville ,
Bloomingdale, Des Plaines, Elk Grove, Elmhurst , Elmwood Park,
Franklin Park, Harwood Heights, Itasca, Niles, Norri�ge, Park
Ridge, and Schiller Park;
WHEREAS, the individual parties to this Agreement , all of
which are Illinois municipal corporations, have entered into a
binding Intergovernmental Agreement with other similarly
situated Illinois municipal corporations for the purpose of
establishing the SUBURBAN O'HARE COMMISSION (SOC) ;
WHEREAS, SOC is exclusively dedicated to the protection
of its members ' citizenry from. the environmental damage caused
by Chicago O'Hare international Airport (ORD) ;
WHEREAS, the parties to this Agreement , individually, and
SOC collectively, have determined that the proposed Phase II
of ORD' s Master Plan Development ( 1984-1995) shall cause
additional irreparable damage to the communities surrounding
ORD;
WHEREAS, SCC collectively, and the parties to this
Agreement individually, have retained, pursuant to resolution,
counsel to represent them in "any litigation to halt the Phase
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II expansion, to cause ORD to mitigate present and future
environmental damage, and to recover damages for injury to the
communities and citizenry surrounding ORD;
WHEREAS, because of the complex nature of such
contemplated environmental litigation, the potential cost to
SOC may be substantial;
WHEREAS, the individual parties- to this Agreement,
through their duly authorized representatives, attended a
special SOC meeting on June 27 , 1984; and after learning of
the potential cost of such contemplated litigation, approved
and committed to fund through SOC such litigation by a per
capita levy or assessment;
NOW, THEREFORE, for and in consideration of the
agreements and covenants contained herein and the parties '
respective promises to pay their share of the litigation costs
on a per capita. basis, the parties to this Agreement agree as
follows:
1. The parties to this Agreement hereby confirm and
ratify their prior retention of counsel to represent SOC
collectively and the parties to this Agreement individually,
and their authorization to file suit and take such other
action as may be necessary to halt the Phase II expansion of
ORD, to cause ORD to mitigate present and future environmental
damage, and to recover damages for injury to the communities
and citizenry surrounding ORD.
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2. The parties hereto, and each of them, hereby agree
to fund and manage such litigation through SOC by a per capita
levy or assessment as follows:
A. SOC shall serve as the fiscal and contracting
agent for the parties to this Agreement in contracting for and
paying for legal services. SOC' s Executive Committee shall be
responsible for 'overseeing the day-to-day status -; of the
litigation. SOC' s Executive Committee shall report monthly to
the parties to this Agreement on the status of the
appropriations and expenditures concerning the litigation.
B. The parties hereto, and each of them, shall
contribute the sum of One Dollar ( $1. 00) per citizen, per year
for two (2) years for funding the expected legal fees and
associated costs� and expenses of prosecuting such contemplated
litigation (such funds to be appropriated from special levy or
from the general corporate levy, as the case may be) .
C. The amount of the contribution of each party
hereto shall be determined by SOC' s Executive Committee and
shall be payable as follows. Each party shall deliver to SOC,
before October 1, 1984, its pro rata share of a litigation
contingency fund in the amount of Twenty-Five Cents ( $ . 25) per
citizen, such amount being deemed sufficient to fund the
litigation on a month-to-month basis. Thereafter, on a
quarterly basis, each party shall deliver to SOC an additional
Twenty-Five Cents ($. 25) per citizen. The first such
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quarterly payment shall be made on or before January 1 , 1985,
and the final payment shall be due on or before July 1 , 1986.
SOC' s Executive Committee shall thoroughly review any
submitted invoices and approve same before disbursing any such
moneys.
3 . The litigation authorized by this Agreement may only
be settled or terminated by a vote of a majority of the
members of SOC.
4 . The parties hereto, and each of them, shall take all
actions necessary and pass all ordinances and resolutions that
may be required to approve and/or ratify the execution ,
delivery and performance of this Agreement.
5. This Agreement may be executed in multiple
counterparts, each of which shall be deemed to be an original ,
and all such counterparts shall constitute but one instrument .
IN WITNESS WHEREOF, the parties hereto, and each of them,
have set their hands and seals on the date first above
written.
VILLAGE OF ADDISON
By
Its
ATTEST:
Its
VILLAGE OF BENSENVILLE
By
Its
ATTEST:
Its
VILLiGE OF BLOOMINGDALE
By
Its
ATTEST:
Its
CITY OF DES PLAINES
By
Its
ATTEST:
Its
ELK GROVE VILLAGE
By
Its
ATTEST:
Its
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CITY OF ELMHURST
By
Its
ATTEST:
Its
VILLAGE OF ELMWOOD PARK
By
Its
ATTEST:
Its
VILLAGE OF FRANKLIN PARK
By
Its
ATTEST:
Its
VILLAGE OF HARWOOD HEIGHTS
By
Its
ATTEST:
Its
7
VILLAGE OF ITASCA
By
Its
ATTEST:
Its
VILLAGE OF NILES
By
Its
ATTEST:
Its
VILLAGE OF NORRIDGE
By
Its
ATTEST:
Its
CITY OF PARK RIDGE
By
Its
ATTEST:
Its
8
VILLAGE OF SCHILLER PARK
By
Its
ATTEST:
its
SUBURBAN O'HARE COMMISSION
By
Its
ATTEST:
its
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