Loading...
HomeMy WebLinkAboutRESOLUTION - 13-81 - 2/24/1981 - AGRMT/SOCRESOLUTION IiO. 13-81 A RESOLUTION AUTHORIZING THE VILLAGE PRESIDENT AND VILLAGE CLERK TO SIGN AN INTERGOVERNMENTAL AGREEMENT FOR THE SUBURBAN O'HARE COMMISSION n0`11, 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 Illinois: Section 1. That the Village President be and is hereby authorized to sign the attached documents marked 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 lair. PASSED this 24th day of February , 198 1. APPROVED this 24th day of February , 198 1, President Attest: VilicgC clerk � Y SUBURBAN O'HARE COMMISSION THIS AGREEMENT is entered into by and between those municipalities and governmental bodies listed on the signature page or pages to this Agreement which execute this Agreement on or before its effective date (and also those municipalities and governmental bodies which subsequently become parties to this Agreement as pro- vided in this Agreement). All parties to this Agreement are referred to in this Agreement as the "Parties". The term Parties, however, does not include such Party or Parties which, pursuant to the Agree- ment, withdraw from the Venture created by the Agreement or which are, from time to time, removed as members of the Venture; W I T N E S S E T H: WHEREAS, Article VII, Section 10 of the Constitution of the State of Illinois authorizes units of local government and other governmental bodies to contract and associate among themselves to obtain or share services and to exercise, combine, or transfer any power or function, in any manner not prohibited by law or ordinance; and WHEREAS, participating units of local government and govern- mental bodies may use their credit, revenues, and other resources to pay costs and to service debt related to intergovernmental activities; a WHEREAS, the Intergovernmental Cooperation Act- (Ill. Rev. Stat. ch. 127, §271 et se!c.)also authorizes units of local government and other governmental bodies to exercise and employ their powers, privileges or authority jointly and to enter into joint contracts for that purpose; and J WHEREAS, the Intergovernmental Cooperation Act authorizes administrative joint boards or other legal or administrative entities to operate the joint or cooperative undertaking; and WHEREAS, each of the Parties are located near O'Hare International Airport, the world's busiest airfield; and WHEREAS, air traffic to and from O'Hare International Airport flies over the territory of the Parties at low altitudes; as air traffic has increased through the years, the quality of life for our citizens has been adversely affected by oppressive noise and the discharge of pollutants from low flying aircraft; and WHEREAS, the City of Chicago, proprietor of O'Hare Inter- national Airport, has announced plans for the expansion of airport facilities designed to accommodate much greater aircraft traffic; and WHEREAS, the Parties believe the effects of air traffic on our citizens have been ignored, and will be ignored in the future, unless the Parties join together and create through Intergovernmental Agreement a continuing agency which will advocate the interests of the citizens of all the Parties in the future growth and utilization of O'Hare International Airport. NOW, THEREFORE, FOR AND IN CONSIDERATION OF THE PREMISES, THE MUTUAL ADVANTAGES TO BE DERIVED THEREFROM AND IN CONSIDERATION OF THE MUTUAL COVENANTS HEREIN CONTAINED, IT IS AGREED BY AND BETWEEN THE PARTIES AS FOLLOWS: SECTION ONE: By this Agreement the Parties provide for a joint and cooperative Venture to represent the interests of the Parties and their citizens in the growth and utilization of O'Hare International -2- C Airport. The Venture shall be known as the Suburban O'Hare Commission (the "Commission"). SECTION TWO: The purposes and objectives of the Commission shall be as follows: A. Study the effect of aircraft overflights over the corporate limits of the Parties on the quality of life within their territory. B. Study and recommend solutions to problems created by O'Hare International Airport affecting the lives of citizens of the Parties. C. Consult with other communities that are not members of the Commission on common objectives in improving the quality of life of all suburban communities adversely affected by O'Hare International Airport and its overflight operations. D. Retain counsel and expert consultants for purposes of studying the legal rights of the Parties and their citizens in relation to O'Hare International Airport; provided, however, no litigation shall be filed by the Commission in the name of any Party without the Party's prior written consent. E. Represent the Parties in administrative proceedings before the Federal Aviation Administration, or any other govern- mental body having jurisdiction in the affairs of O'Hare Inter- national Airport insofar as they might affect the Parties. F. Conduct an Information and Education Program for the citizens of the Parties on the operations of O'Hare International Airport, any contemplated expansion thereof and the effects of -3- noise pollution and aircraft -caused pollutants in the atmosphere. G. Conduct a public rele.tions campaign acquainting the general public of the adverse effects of O'Hare International Airport operations or any expansion thereof on the citizens of the Parties. H. Report to the Parties on a regular continuing basis on the performance of the Commission's duties and new developments in the operations of O'Hare International Airport. SECTION THREE: Parties which execute this Agreement on or before its effective date are members of the Commission. Any Party which is not a member as of the effective date of the Agreement may become a member by executing the Agreement. The execution of this Agreement by any Party shall in each case be authorized by ordinance or resolution adopted by the corporate authorities of the Party. Any Party that, upon being given proper notice, fails to pay charges, fees and expenses, as determined from time to time, by the Board of Directors in the manner set forth in this Agreement, may be removed from membership by the Board of Directors. Any such Party, upon remedying such cause for removal from membership, may be reintstated as a member of the Board of Directors. SECTION FOUR: Each Party shall pay its proportionate share of the costs of the Commission. The share of each Party shall be that portion of the total cost of the Commission that bears the same proportion as the population of the Party bears to the total population data of the most recent Federal Census. The Board of Directors shall prepare an Annual Budget for the costs of operation of the Commission on or prior to February 1 of -n- each year. The Parties shall appropriate their funds to pay such costs. If any special project shall, in the Board of Directors' judgment, be necessary to further the objectives of the Commission, requiring funding in excess of the Commission's then current budget, the Commission may request additional funding from the Parties for the special project. The Board of Directors shall not approve any additional special project until sufficient funding is approved by the Parties. SECTION FIVE: The Commission shall be administered by a Board of Directors. No action shall be taken at any meeting of the Board of Directors unless approved by Directors representing a majority of the Parties. The Board of. Directors shall consist of the Mayor, President, or other designated representative as designated from time to time by the corporate authorities of each Party. Each Party shall be entitled to one seat on the Board of Directors. Each Direc- tor shall be entitled to one vote on the Board of Directors. The Board of Directors shall determine the general policy of the Venture. The Board of Directors shall retain such employed personnel as may be required to effect the purposes and duties of the Commission. SECTIOLd SIX: The Commission shall be subject to and shall be governed by this Agreement, as from time to time amended, and by such By -Laws not inconsistent with this Agreement, as may be approved by the Board of Directors from time to time. SECTION SEVEN: This Agreement may be amended by a vote of Directors representing two-thirds of the Parties. -5- SECTION EIGHT: Any Party may withdraw from the Commission on thirty (30) days' written notice to the Board of Directors. SECTION DINE: The Commission shall continue in effect until rescinded by a vote of not less than two-thirds of the Board of Directors. SECTION TEN: The Agreement shall become effective on March 1, 1981, or on the date when it is executed by all of the Parties listed on the signature page, whichever is earlier. IN WITNESS WHEREOF, the undersigned Parties have executed this Agreement by the signatures of the officers as reflected on the dates set forth below, and approved by resolution of the legislative body of each of the Parties. This Agreement may be signed in any number of counterparts and each counterpart to be deemed to be an original. ATTEST: County Clerk ATTEST: ATTEST: Village Clerk COUNTY OF DU PAGE By Chairman VILLAGE OF BENSENVILLE By Village President CITY OF ELMHURST By City Clerk Mayor -6- t ATTEST: 4---��� 4, 4,� illagelerk�! ATTEST: City Clerk ATTEST: Village Clerk ATTEST: Village Clerk ATTEST: Village Clerk ATTEST: By Village Clerk ATTEST: c Village Clerk VILLAGE OF ELK GROVE By V 1 ge e ident CITY OF DES PLAINES ✓ By Mayor VILLAGE OF ELMWOOD PARK By Village President VILLAGE OF FRANKLIN PARK f By Village President VILLAGE OF GLENVIEW J By Village President VILLAGE OF HARWOOD HEIGHTS,, - By .Village President VILLAGE OF ITASCA By Village President -7- ATTEST: VILLAGE OF NILES By_ Village Clerk Village President ATTEST: VILLAGE OF NORTHFIELD / By Village Clerk Village President ATTEST: VILLAGE OF NORRIDGE By Village Clerk Village President ATTEST: CITY OF PARK RIDGE By ✓ City Clerk Mayor ATTEST: VILLAGE OF SCHILLER PARK v— By Village Clerk Village President ATTEST: CITY OF WOOD DALE V/ By City Clerk Mayor WE l ATTEST: VILLAGE OF NILES By_ Village Clerk Village President ATTEST: VILLAGE OF NORTHFIELD / By Village Clerk Village President ATTEST: VILLAGE OF NORRIDGE By Village Clerk Village President ATTEST: CITY OF PARK RIDGE By ✓ City Clerk Mayor ATTEST: VILLAGE OF SCHILLER PARK v— By Village Clerk Village President ATTEST: CITY OF WOOD DALE V/ By City Clerk Mayor WE