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HomeMy WebLinkAboutOrd 4050 06/06/1989ORDINANCE NO. 4050 AN ORDINANCE APPROVING AND AUTHORIZING THE EXECUTION OF ANAGREEMENTOFAMENDMENTTOANAGREEMENT ESTABLISHING THE SOLID WASTE AGENCY OF NORTHERN COOK COUNTY AS AMUNICIPALJOINTACTION AGENCY PASSED AND APPROVED BY THE PRESIDENT AND BOARD OF TRUSTEES the 6th day of June , 1989 Published in pamphlet form by authority of the corporate authorities of the Village of Mount Prospect, Illinois, the 8th day of Ju~e , 1989. RDINANCE NO. 4050 AN ORDINANCE APPROVING AND AUTHORIZING THE EXECUTION OF AN AGREEMENT OF AMENDMENT TO 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 MOUNT PROSPECT, COOK COUNTY, ILLINOIS: SECTION ONE: That the President and Board of Trustees of the Village of Mount Prospect and 27 other municipalities (hereinafter referred to as Municipalities) have entered into An Agreement Establishing the Solid Waste Agency of Northern Cook County as a Municipal Joint Action Agency (hereinafter referred to as Agency Agreement) which created the Solid Waste Agency of Northern Cook County (hereinafter referred to as Agency). SECTION TWO: That 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. SECTION THREE: That the best interest of the Agency and the Village would be served by amending the Agency Agreement 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 as attached hereto and hereby made a part hereof as Exhibit "A". SECTION FOUR: That 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. SECTION FIVE: The Village of Mount Prospect desires to authorize the Agreement of Amendment and hereby authorizes execution of said Agreement of Amendment. SECTION SIX: That the Village Clerk of the Village of Mount Prospect 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. SECTION SEVEN: That this Ordinance shall be in effect from and after its passage, approval and pamphlet form in the manner provided by law. full force and publication in AYES: Arthur, Busse, Corcoran, Floros, Van Geem, Wattenberg NAYS: None ABSENT: None PASSED and APPROVED this 6th day of June, 1989 ATTEST: ~;. Carol A. Fields Village Clerk SOLID WASTE AGENCY OF NORTHERN COOK COUNTY AGREEMENT OF AMENDMENT THIS AGREEMENT OF AMENDMENT is entered into by and between those municipalities (the "Municipalitles") who are members of the Solid Waste Agency of Northern Cook County (the "Agency") WITNESSETH: Wq{EREAS, 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 wrltten agreement of the Municipalities, authorized by ordinances of their respective corporate authorlties; 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 e~e=%e~ 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 h~s 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 Ail 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, e~ee~e~ 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. A/ly 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- TTEST: Clerk