HomeMy WebLinkAbout7.6 A RESOLUTION AUTHORIZING AN AMENDMENT OF THE INTERGOVERNMENTAL AGREEMENT RELATING TO THE O'HARE NOISE COMPATIBILITY COMMISSIONItem Cover Page
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wubject A RESOLUTION .■ . AMENDMENT OF
INTERGOVERNMENTAL AGREEMENT RELATING TO THE
O'HARE NOISE• . • •
A. MEETING OF THE MOUNT
.O . BOA.
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The current Intergovernmental Agreement (IGA) with the City of Chicago and all
the member municipalities and school districts that are members of the O'Hare
Noise Compatibility Commission (ONCC) expired by its terms December 31, 2020.
The ONCC Governance Committee worked with the Chicago Department of
Aviation and the City Attorneys to update the IGA to better define members,
designees and alternates, who is eligible to hold office in the organization,
attendance and ethics policies. The IGA is consistent with changes to the Bylaws
approved by the entire ONCC membership. Mayor Juracek has chaired
sincei ion has made great strides for the benefit
regioninational
international iion from an airport noisemitigation i.
The updated IGA extends the term from December 31, 2020 to December 31,
2025.
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resolutionAlternatives
1. Approve a i i intergovernmental
relatingagreement i i ility Commission.
2. Discretion ill .
Staff Recommendation -.i•
Approve . resolution authorizing .
agreement relating to the OHare Noise Compatibility Commission.
ATTACH M E NTS:
Resolution ONCC IGA 2021.pdf
City of Chicago Ordinance ONCC IGA.pdf
2020-11-16 ONCC IGA agreement.pdf
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Resolution No.
A RESOLUTION AUTHORIZING AN AMENDMENT OF THE
INTERGOVERNMENTAL AGREEMENT RELATING TO THE
O'HARE NOISE COMPATIBILITY COMMISSION
WHEREAS, the City of Chicago is a home rule municipality pursuant to Article VII, Section 6
of the 1970 Illinois Constitution (the ""Illinois Constitution"), and, as such, may exercise any
power and perform any function related to its government and affairs; and
WHEREAS, the City of Chicago owns and operates an airport known as Chicago O'Hare
International Airport (the "Airport"); and
WHEREAS, pursuant to authority granted by an ordinance adopted by this City Council on
October 30, 1996, and Section 10 of Article VII of the Illinois Constitution and the
Intergovernmental Cooperation Act (5 ILCS 220), the City entered into an Intergovernmental
Agreement Relating to the O'Hare Noise Compatibility Commission (the ""Intergovernmental
Agreement") by and among the City and various municipalities and public school districts (as
defined in the Intergovernmental Agreement, "Participants"); and
WHEREAS, the O'Hare Noise Compatibility Commission (""ONCC"") was established pursuant to
the Intergovernmental Agreement and provides a common forum for interested parties to
have a voice in noise issues related to the Airport; and
WHEREAS, by its terms, the Intergovernmental Agreement became effective in November of
1996 and the term was extended from December 31, 2020 to December 31, 2025; and
WHEREAS, ONCC has indicated a desire to approve the extension of the Intergovernmental
Agreement; and
WHEREAS, the Village of Mount Prospect is currently a member of the O'Hare Noise
Compatibility Commission; and
WHEREAS, the City of Chicago approved the extension of the Intergovernmental Agreement
which is attached to this Resolution as ""EXHIBIT A."
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND BOARD OF TRUSTEES OF
THE VILLAGE OF MOUNT PROSPECT, COOK COUNTY, ILLINOIS, PURSUANT TO ITS
HOME RULE POWERS:
SECTION 1. That the recitals set forth herein above are incorporated herein by reference as
the factual basis for this transaction.
SECTION 2. That the Mayor is hereby authorized to execute, and the Village Clerk
attest the approval of the attached Intergovernmental Agreement relating to the
O'Hare Noise Compatibility Commission.
SECTION 3. That this Resolution shall be in full force and effect from and after its
passage and approval according to law.
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IGA ONCC 2021
AYES:
NAYS:
ABSENT:
PASSED and APPROVED this 2nd day of February, 2021
Arlene A. Juracek
Mayor
ATTEST:
Karen M. Agoranos
Village Clerk
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--� � City of Chicago
02020-6243
Office of the City Clerk
Document Tracking Sheet _
Meeting Date: 12/16/2020
Sponsor(s): Lightfoot (Mayor)
Type: Ordinance
Title: Amendment and five year term renewal of
intergovernmental agreement among various municipalities,
counties and public school districts addressing O'Hare noise
issues raised within the O'Hare Noise Compatibility
Commission
Committee(s) Assignment: Committee on Aviation
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LORI E. LIGHTFOOT
MAYOR
r'
-. �` 1f;
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OFFICE OF THE MAYOR
CI'T'Y OF CHICAGO
December 1 6, ?020
rf O Tl -1 E HON ORA B I- E , `ME CITY COUNCIL
OF THE C I`rY OF CHICAGO
Ladies and Gentlemen. -
At the request of the Commissioner of Aviation, I transmit herewith an ordinance
authorizing the renewal of an intergovernmental agreement with the O"Hare Noise Compatibility
Commission.
Your favorable consideration of this ordinance will be appreciated.
Very truly your
}
r
apl�
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ORDINANCE
WHEREAS, The City of Chicago (the "City") is a honne rule municipality pursuant to
Section 6 of Article VII of the 19701111nois Constitution (the "Illinois Constitution") and, as such,
may exercise any power and perform any function related to its government and affairs; and
WHEREAS, The. City owns and 'operates an airport known as Chicago O'Hare
International Airport (".O'Hare")- and
WHEREAS, Pursuant to authority granted by (a) an ordinance adopted by this City
Council on July 10, 1996, and published in the Journal of'the Proceedings of the City Council of
the City of Chicago, Illinois (tile "Journal") of such date at pages 24918-24932, as repealed and
amended by an ordinance adopted on October 30, 1996, and published in the Journal of such date
at pages 31189-31198, as further amended by an ordinance adopted on June 8, 2005, and published
in the Journal of such date at pages 49854-49856, as further amended by ordinance Number
02010-3886 adopted on September 8, 2010, and published in the Journal of such date at pages
99104-99116, as further amended by ordinance Number 02010-6949 adopted on January 13,
2011, and published in the Journal of such date at pages 110759--110772, as further amended by
Ordinance Number 02014-5870 adopted on September 10, 20.14, and published in the Journal of
such date at pages 87841-87853, as further amended by ordinance Number 02015-7370 adopted
on November 18, 2015, and published in the Journal of such date at pages 13604-13617; (b)
Section 10 of Article VII of the Illinois Constitution; and (c) the Intergovernmental Cooperation
Act (5 I LCS 22011 et seq.), the City entered into an intergovernmental agreement relating to the
O'Hare Noise Compatibility Commission (tile "Agreement") by and among the City and various
municipalities, Cook County, DuPage County, and public school districts; and
WHEREAS, The O'Hare Noise Compatibility Commission (the "O'Hare Commission")
was established pursuant to the Agreement and provides a common forum for interested parties to
have a voice in the aircraft noise issues related to O'Hare; and
WHEREAS, The City desires to amend the Agreement and extend the term for .five
additional years; now, therefore,
Be It ordained by the City Council of the City of Chicago:
SECTION 1. The foregoing recitals are hereby adopted as the findings of this City
Council and are hereby incorporated in this ordinance by this reference.
SECTION 2. The Commissioner of Aviation stile "Cominissioner") is hereby authorized
to execute an amendment to the Agreement Substantially in the form attached hereto as Exhibit A
(the "Amended Agreement"), and to exCcLtte any and all instruments and take such additional
actions which the Commissioner determines to be necessary or desirable to implement the terms
of the Amended Agreement. The Amendcd Agreement shall become effective upon passage and
approval of this ordinance and upon associated approval of the Amend ed Agreement as specified
in Section TH. of the Amended Agreement.
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SECTION 3. The Commissioncr shall provide notice of the amendments to the
Agreement proposed by this ordinance to each Member of the O'Hare Comt-nission as provided in
Section 7.H. of the Amended Agreement.
SECTION 4. To the extent that any ordinance, resolution, rule, order, or provision of the
Municipal Code of Chicago, or any part thereof, is in conflict with the provisions of this ord finance,
the provisions of this ordinance shall be controlling. If any section, paragraph, clause, or provision
of this ordinance shall be held invalid, the invalidity of such section, paragraph, clause, or
provision shall not affect any of the other provisions of this ordinance.
SECTION 5. This ordinance shall be effective immediately upon its passage and
approval.
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INTERGOVEIZNMENTAi_, AGIZEEMEN~t' REI:ATING TO
'1_'Hl1'd' f3'HARE NOISE CC1MPArl'IBILITY COMMISSION
el~llis agreement, effective January 1, 2021, Succeeds the previous agreement that was
Ilrpproved by the Chicago City COUncil and which want into effect on January 1, 2016, which
expires under its own terms on December 31, 2020. It is entered into by the City of Chicago, a
111un icipal ity . and home rule unit of government under the l l l iiia is Constitution of 1970, by and
through the Chicago Departillcnt of Aviation, and the Lindersit�ned Members, organized tinder- the
laws of the State of Illinois. In consideration of the mutual agreements contained in this
Agreement, the City of Chicago and each Member agree as follows:
Section 1. Establishment of O'Hare Commission; Purposes,
The O'Hare Noise Compatibility Commission ("O"Flare Commission") is hereby
established pursuant to Section 10 of Article VII of the Illinois Constitution of 1970 and the
I ntergovernmental Cooperation Act. The purposes of the Commission are to: (a) determine certain
Noise Compatibility Projects and Noise Compatibility Programs to be implemented in the O'Hare
Commission Area; (b) oversee an effective and impartial noise monitoring. system; (c) advise the
City concerning O'Hare -related noise issues; and (d) provide a forum for direct citizen
engagement.
Section 2. Definitions.
Whenever used in this Agreement, the following terms shall have the following meanings:
"Advrsory Member" means an authorized representative of the Archdiocese of Chicago,
the Diocese of Joliet, or any other non-governmental elementary and secondary school located in
the O'Hare Commission Area who shall serve as a special advisory Member of the O'Hare
Commission as provided in Section 3.D. of this Agreement, but who shall have no voting powers
on the O'Hare Commission and shall not be parties to the Agreement.
"Alternate" means a Designee's substitute.
"Chicago TRA CON Boit n nary" means the area d epicte(I in Append ix B.
"Citi! " means the City ofChicaulo. The Commissioner ofAviation or his or her Alternate
(or any successor thereto) shall have the sole authority to undertake the City of Chicago's
obligations and responsibilities tinder this Agreement, and the City shall act by and through the
Commissioner of Aviation or his or her Alternate (or any SUCCessor thereto) for purposes of this
Agreement, except as otherwise set forth in this A grcernen t .
"De*,nee" means a Mei»bcr's chief' elected officer fora ziiLinic.•ipality other than the City,
the Commissioner of Aviation for the City, chief elected officer fora county, Or the superintendent
01- c:h iCf CXCCLlt iWc for it SC11001 d ist ric:t .
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means the Federal Aviation Adiiiiriistration or any successor agency.
"Melnbei-YP means, at any time, each city, vill"Ll"e, public school district, or county located
in the O'Hare Commission Area that has executed a counterpart of this Agreement oil the basis set
forth in this A grcenient, other than -the City. In addition, "Mcrllber'' shall include Wards 36, 38,
391 40, 41, and 45 of the City of Chicago ("Chicago Weird Members") as set forth iia Section
3 . r3.( iii) of this Agreeillent, Who shall be eligible toparticipate a incl ividual Members on the
O'Hare Conimission up011 approval and execution of' this A greemem by the City.
"Noise Con7patibilin.f h -()(77 -anis " rneans probrams, includ inty but' not limited to the
Residential Sound Insulation Program and the School Sound '111SUlation Program, which address
aircraft noise concerns in the O" dare Commission Area as d eterniiiied by the O'Hare Commission
in cooperation with the City.
"Noise Coinpatibility Projc,, s, " means the noise compatibility projects (including
ad nlin1strat ive costs) in the O'1-1 are Connmiss[on Area which are eIiglble for fund in based on FAA
regulations and grant assurances, which have been identified as eligible for participation In Noise
Compatibility Programs as determined by the O'Hare Commission in cooperation with the City
based on criteria adopted by the O'Hare Commission, and for which there is available Funding.
Noise Compatibility Projects include, but are not limited to, the sound insulation of homes and
schools and/or providing the funding for such sound insulation to be implemented. Participation
in a 'N oise Compatibility Program or receipt of a Noise Compatibility Project shall be voluntary
on the part of the relevant property owner.
"O'Hare " means Chicago O'Hare .International A irport.
"O'Hare Coin niis•sion Area" means the Illinois area within the Chicago T.RACON
Boundary with an interest in O'Hare -related aircraft noise issues, which area includes but is not
limited to the following municipalltlCS, Counties (which Shah represent their respective residents
in unincorporated areas), and public school districts: (i) the City of Chicago, Addison, Arlington
Heights, Bartlett, Bensenville, Bloomingdale, Des Plaines, Downers Grove, Elmhurst, Elmwood
Park, Franklin Park, Glenview, Hanover Park, Harwood Heights, Hoffman Estates, Itasca,
Lincolnwood, Maywood, Melrose Park, Mount Prospect, Niles, Non-idge, Northlake, Palatine,
Park Rid (Ye, :Diver Forest, River Grove Rolling Meadows, Rosemont, Schaumburg, Schiller Park,
South Barrington, St. Charles, Stone Park, Wayne, and Wood Dale; (ii) Cook County and DuPage
County, rind {iii) School Districts 2, 7, 48, 59, 63, 64, 80. 81, 84, 84.5, 85.5, 86, 87, 88, 89, loo,
2051 2071 21415 234, 299, and 401. Municipalities, counties, and public school districts may be
added to the 0"Hare Commission Area as provided in Section 7.G.
at Pail 150 Plcin " means a noise abatement and land use: compatibility plan developed
pursuant to 14 CFR Part 150, or any successor provision.
"R&,sirlential Sounel Insithillon Pi-oaral 7 " means the prouram determined by the O'Hare
Commission in cooperation With the City to provide sound nisei lat its n to homes in the O'Hare
Co" minission Area that are affected by O'Hai-e-related "Liirc.•i-{il't noise, and that are eligible f'ol- sound
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insLi kat ion pursuant to FAA guid elides and red(TUlat ions and eligibility criteria established by the
O'1-lare C ollir11isslon in cooperation With the City, and ft�rw��llich tllc�rc: is a���.rilable fund' L).
"&/Iool Sound Insulation Pi-ograill IF
mains the program determined by the O'Hare
Con1111ission in cooperation with the City to provide sound ins1.ilation to schools in the O'Hare
Commission Area that are affected by 01-1 are -related aircraft noise, arld that are eligible for sound
insulation pu1-Riant- to FAA guidelines and regulations and eligibility criteria established by the
O'Hare C:'onimission ill cooperation with the City, and for which there is available funding.
"I'RACON" means Terminal Radar Approach Control facility.
Section 3. Composition and Organization.
A. In order for a person to participate as a Designee, the city, village, public school
district, or county represented by such person must have approved and executed a counterpart of
this Agreement by February 28, 2021, or pursuant to Section 7.0. of this Agreement, except that
the Chicago Ward Members shall be eligible to participate as individual Members of the O'Hare
Commission upon approval and execution of this Agreement by the City.
B. The O'Hare Commission shall consist of the (i) chief elected officer or other
A lternat c of each of the municipalities and counties in the: O'Hare Commission Area, except that
the Commissioner of Aviation, or his or her Alternate, shall represent the City in an ex officio
capacity; (ii) the superintendent, or chief executive, or other Alternate of each public school
district serving any portion of the O'Hare Commission Area; and (Ii]) Chicago Ward Designees,
who shall be appointed by the Mayor of the City of Chicago. An individual may serve as a
Designee or an Alternate for only one Member, except that Chicago Ward Designees shall not
have an Alternate.
C. The O'Hare Commission Area includes 111unicipalities, counties, Chicago wards,
and public school d istricts with an interest in O'Hare --related noise issues, and a principal purpose
of this Agreement is to provide a forum for those municipalities, counties, Chicago wards, and
public school districts to work together with the City on a cooperative basis in addressing these
issues.
D. The Archdiocese of Chicago, the Diocese of Joliet,, and other non-governmental
elementary and sccond'ary schools located in the O'1 -hire Conin-fission Area may serve as special
Advisory Mcn-ibers of the O'Hare Commission. Advisory Members May participate fully in the
deliberations of the O' H sire Commission, but shall have no voting powers and shall not be parties
to this Agreement.
E. The O'Hare Con-inilssion's Executive Cornniittce shall be comprised of a Chair,
Vice Chair, Executive Director, and any other officers that it deems necessary. The O'Hare
C'C�I11i1aissloil shall elect an11LI"rlly from its Designees c}r Altc�r-rlatcs a Chair and a Vice Chair and
any other officers that it deems necessary. The O'Hare Conin-ilsslon shall appoint, retain, and
employ an Execl.itive Directorand suc:li other staff, professlonal adviticrrs, C111d consciltants as may
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be needed to ca1'1y out its powers and duties. The appointment of clic Executive Director must be;
approve=d by a simple Illal'ority of the Members of the O'.1-11are C0111111ission.
F. Unless otheiAN/Ise specified in the bylaws. a majority of the Members of the O'Hare
Commission in good stand ing shall constitute a gL1orLII11 t'or the transaction of business. Except as
provided for in Section 7.11, a C011C lrrence of a simple majority o f the gL10111111 shall be necessary
for the approval of any action by the O'H are Commission. The 01 H are Conim ission shall establish
a schedule of regular- meetings in accordance with its bylaws (` Regul�1r Meetings"}, and special
meetings may be called by the City or any five: Members of the O'Hare Commission upon at least
seven days' written notice to the City, each Member, and each Ad visory Member.
Section 4. O'Hare Commission Powers and Duties.
A. The O'Hare Commission shall have the following d Llties and powers:
( 1) The O'Hare Commission shall determine certain Noise Compatibility Programs
and Noise Compatibility Projects to be implemented in the: O'Hare Commission Area in
cooperation with the City as set forth in Appendix A, and shall establish criteria for participation
ir1 such Noise Compatibility Programs and for deten-nining the priorities -for providing such Noise
Compatibility Projects.
(2) The O'Hare Commission may brake recommendations to the City regarding noise
red uction programs at O'Hare including, but not limited to, the use of new technologies and flight
patterns, preferential runway usage, the implementation of sound insulation programs, the use of
ground run-up enclosures, and -the implementation of .FAA standard noise abatement, take -off, and
high altitude approach procedures. No such recommendations shall be submitted to the FAA or
implemented by the City without the prior approval of the O'Hare Commission. The O'Hare
Corrunission also shall cooperate with the City in seeking agreements with the airlines using
01-lare and the FAA, as appropriate, with respect to aircraft noise mitigation and related matters.
(3) The O'Hare Commission may advise the City concerning any Part .150 Plan
conc~eming O'Hare. The City shall not submit any such plan or any subsequent revision proposed
by the City to the FAA without allowing the O'Hare Commission Go days to review it and submit
wli.tten recommendations to the City for consid Brat ion.
(4) The O'Hare Commission may regLlest and, except as sett forth below, the City shall
provide full access to all publicly available documents rel'itil to: (i) any O"Hare noise monitoring,
iii) any O'Hare -related Noise Compatibility Project proposed 01- Undertaken in whole or in part by
the City, and (iii) any recommendations or submissions to the FAA by the City related to airport
noise Mitigation related to O'lIarc. Such requests may not 1*111pose all Undue burden upon the City
or interfere with its operations. In such circumstances, the City shall extend to the O'Hare
Commission an opport unity to confer with it in an attempt to reduce the request to manageable
proportions.
( 5) Neither the O'Hare C olt1111Issr011, 1101' arly of its Members. representatives, agents,
c111I110ycc:s, C011SUIta11ts, or p1_0fessi01lal advisors shill use. or atitiist ofher pCrsotls in usirlg FAA
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fliaht cl ata for O'Hare and/or C: h icago M id ��r ay I ntcrnat Tonal A irpor-t �"Data") in le(Tal actions to
enforce noise abatement policy or regulations without prior approval of the FAA, and shall not
I-CIC,'ISC Such Data wrtll()Llt notice to and COTIStllttitI.011 Nvith the FAA. ^rill' 0"Hare Ct)mmission and
its McIllbers, representatives, agents, employees, consi.11tant S, or professional advisors shall not
release the Data for use by law enforcement agencies or for use in any civil litigation except as
Otherwise required by law. If the O"Hare Commission or any o#' its Members, representatives,
agents, employees, consultants, or professional advisors are required by law to release such Data,
they shell notify the FAA before doing so. 11is notification must be provided promptly after the
O' ll arc: Commission or any of its Members, representatives, agents, employees, consultants, or
professional advisors receives a request or requirement to release the Data, and prior to the release
of the Data. The O'Hare Commission and its Members, representatives, agents, employees,
consultants, or professional advisors shall not release Data if advised by the FAA that the Data
contains any lnfor-mat ion deemed sensitive at the sole discretion of the FAA, unless required by
law to release such Data.
(b) The O'Hare Commission shall adopt an annual expense budget for each fiscal year,
which shall be consistent with the City of Chicago fiscal year. The O'Hare Commission's expense
bud bet shall be ad opted at least 3 o d ays prior- to the commencement o f ellich Such fiscal year. The
O'Hare Commission's expense budget shall be funded by the City and any grants received
pursuant to Section F of Appendix A of this Agreement, following the evaluation and approval by
the City of the: proposed budget request.
(7) The O'Hare Commission shall have the power to sue and be sued and to take any
other action necessary to perform its powers tender this Agreement. No funds received by the
O'Hare Commission froiri the City shall be used for legal services or other costs in connection
with any action by the O'Hare Commission against the City, its officers or employees, or any
airline using O'Hare, except .fol- enforcement of the provisions of this Agreement. The City will
in emnify, d efend, and hold harmless Members from any and all clainns, costs, expenses, includ in
attorney's fees, damages, judgments and court costs arising out of the Member's participation in
the O'Hare Commission. Members shall promptly provide to the City copies of any notices
Members may receive of any claims, actions, fines, proceed Ings or suits as may be given or filed
in connection, with the Member's participation in the O'Hare Commission.
(8) The O'Hare Commission shall undertake any procurement activities in accordance
w it 11 t 11 is Agreement and pursuant to applicable law.
(9) The O'Hare Commission shall adopt bylaws for the: conduct of its meetings
consistent with the powers CnLImerated herein.
B. A record of proceedings and documents of the O' l l ares Commission sliall be
maintained, which shall be available for inspection by the City, each_ Member, each Advisory
Member, and the public as permitted by law. The accounts of the O'Hare Commission shall be
Subject to all annual audit by a qualified independent public 'icc:oulltallt.
C"'. The powers and duties of till'. O'1-Iare Commission Shall be limited to those
expressly set forth In this Section and in Appendix A of tlliti Agrcement.
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Section 5. Tei -m of A lryi-e 'men t.
A. This Agreement shall be effective January I , 2021, and shall terminate on
December 31, 2025, unless otherwise terralinated with the written consent of ' the City and two-
thirds of the Members. T'he terin of this A4oreement ln�ay be extCnd ed L11)011 the approval of the
City and any Member which wishes to extend the term of the Agreement. If any Member defaults
III ally Intiterial respect in the performance ofany of its dutleS or obligatIO11S LrtldCr tlals Agt-cer��erlt,
and such default continues for 30 days after- the O'1-lare ComMission notifies the Member, the
O'Hare Commission may terminate the defaulting Member's participation as a party to this
Agreement. A material default by a Member shall include, but is not limited to, failure to comply
with Section 6.
B. Any Member may withdraw as a Member of the O'Hare Commission at any trrne
by providing 60 days advance written notice of its intent to withdraw to the City and the O'Harc
Commission. Each such written notice shall be accompanied by a cc;rtified copy of a resolution or
other official action of such Member's legislative body authorizing Such withdrawal. Following
its withdrawal frown the O'Hare C:onln- fission, the Member shall cease to exercise any of its rights
tinder this Agreement and to be responsible for any subsequent obligation incurred by the O'Hare
Commission.
C. The City may terminate this Agreement at any t role after January 1, 2021, upon 180
days prior written notice to each Member and each Advisory Member. Following the City's
termination of this Agreement, the rights and obligations of each party to this Agreement shall
terminate.
Section 6. Attendance Policy
A. Members' Dcsignces or Alternates shall attend the majority of Regular .Meetings in
a calendar year. If Members' Designee or Alternate plisses three consecutive or the majority of
Regular Meetings in a single calendar year, the Member will receive written notification from the
.Executive Director that it will be temporarily suspended from the O' I-1 are Commission fora period
of one year, which shall begin oil the date of the written notification.
B. Temporary SU seen Sion will involve the loss of rllen-lbersh ip and voting privileges
for that one-year period from the date of the sirspcnsion. DUI-ll1g the temporary suspension,
suSI)ended Members may attend meetings and participate In d ISCUSSions aS members of the public,
but will not count as part ofthe voting quorum and will not be eligible to vote.
C. At any time d Lrr-illg its one-year temporary suspension, a Member may appeal its
temporary suspension by submitting a written request to the Executive Director due to a chanbe In
circLmstances. Reinstatement of the Member shall be governed by the bylaws.
D. No later- than 30 days tollowrng the end of' the temporary suspension period, <a
Member lalay SUbllllt a Written request to the Executive Director to be reinstated. Reinstatement
o f t he Mclllbcr shell be governed by the bylaws. I t' t he E XCCLrt I e Director does not receive the
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reinst�.itel�lent reill~iest within 0 days after the evil of the susliensi«11 I)CI-iod, then tills Agreenient
shall be terminated between the City and the Member.
Section 7. Miscellaneous.
A. All notices hereunder sh,,L-ill be III writing and shall be g'ivell as follows:
If to the City, to:
Commissioner ofAviiition
Chicago Department of Aviation
10510 W. Zemke road
Chicago, IL 60666
'If to a Member, to the address sct forth oil the signature page of the cotrnterpart of this
Agreement executed by such Member, and, in the case of Chicago Ward Members, to such
addresses and telephone numbers as they may provide to the O'Hare Commission. Members may
provide an e-mail address for purposes of receiving notices.
All notices shall be effective tipon receipt by U.S. rna it or e-mail. Any Member may
change the address or addresses for notices to be sent to it by giving notice to the O'Hare
CoI11I11iss1orl.
B. No Member may assign its rights or obligations Linder this Agreement without the
prior written consent of the City and the other- Members.
C. The City shall not be: responsible or liable for damage to property or injury to.
persons that may arise frons, or be incident to, compliance with this Agreement or the
implementation of a Noise Compatibility Program or a Noise Compatibility Project by a Member
or other- municipality or county. A Member shall not be responsible or liable for damage to
property or injury to persons that may arise from, or be incident to, compliance with this
Agreement or the implementation of a Noise Compatibility Program or a Noise Compatibility
I'rQ)ect by the City, another Member, or another municipality or county. The City's financial
obli4cyations under this Agreement are limited to legally available airport revelries. Neither the City
nor any Member shall be liable for any expenditures, indebtedness, or other financial obligations
incurred by the O'Hare Commission tinl�:ss the City or such Member has affirmatively agreed to
incur such expenditure, indebtedness, or financial obligation. No Advisory Member shall be
subject to any liabilities or obligations under this Agreeilient.
D. This Agreement and the bylaws atithorized in Section 4.A.(9) constitutes the entire
agreement of the parties with regard to the subject rnatter hereof. This Agreement shall not confer
upon any person or entity other than the parties hereto any rights or remedies. Appendix A and
A l7pend ix B are incorporated herein and nlad e a part o f t h is Agreement.
L. This Agreement may be executed III one or 11101'e COLInteilmits, each of which shall
be considered an orlorinal uistruilient. but all of which shall be Considered one and the same
a( rt'i.ment, avis shall become bind Ing when one or' more count�.rl),Lirts leave been signed Ely each
7
15
JIL11ty. l"Z}c.�11 Cocrntc PM't nay vc-try ire order to ideritif'_' the Membe'�r, its Kiddless f'r-��otices, and its
execcrtion by an acrtlhorizc�d of )cc�r. -Flee exectitioti of countei1xins of' this Agreement by a
nILIIIIcipXrlit_y, publIc sc:llool district, or c:oc111ty located in the O'Hare Commission Arca prior to
Febr-zr-rry 28, 2021. sh�rll not rcqLrire theconsent of the o'FLrr-c Commission, theCity, or any
Member.
F. This Agreement shall be governed and construed in accordance with I llinois law.
G . Any municipality, public school district, or county located in the o'Fl arc
Commission Areca that does not bec:orne a Member prior to Februtrry 28, 2021, may thereafter
become a Member crpon: (i) the approval of the City and a majority of. tile o' H Crre Commission as
set forth in Section 3.E. of this Agreement; and (ii) execution of counteiliart of this Agreement.
H. The approval o C the City and two-thirds of the Members shall be required to amend
this Aureenient. Notice of any proposed amendment shall be transmitted to each Member and
each Advisory Member at least tell days prior to the meeting of the O"Hare Commission at which
any proposed amendment is to be fi.rst consid cred . Any amend ment ~hall be effective on all parties
hereto when counterparts are executed by the City and two-thirds of the Members.
16
EXCCutCCI aS o l' tll is d Cay of , ?o?().
CITY 01'4' CHICAGO
By:
Commissioner
Chicago D Peart m nt of A V iat loll
9
17
(Name o f' MLmber)
By:
Authorized Officer
Address:
18
APPENDIX A
I111ple111entation cif' Noise Compatibility Programs Clnd Projects
In connection with the development and implementation of Noise Compatibility Progranls
and Noise Compatibility Projects in the O'l-lare Commission Area, the City and the O'l-Iare
C'onl.mission shall have the following duties and responsibilities:
A. Tlie Members of the: o'Hare Commission shall direct the further development of
the Norse Compatibility Programs forthe o"Hare Commission Arecl. Thc: Members of the 0 1 -erre
Commission shall establish criteria for the equitable allocation of Noise Compatibility Projects
and approved airport revenues (includinby not limited to FAA Airport I improvement .Prograrll
("Al P;') grants, Passenger Facility Charge ("PFC") funds, and General Airport Revenue. Bonds,
and/or bonds backed by such funding sources} within the O'Hare Commission Area and the
priorities for provid ing Noise Compatibility Projects, subject in each arse to approval by the FAA
and in compliance with all applicable FAA regulations and grant assurances, as well as other
applicable law, and subject to available funding.
B. The City shall retain all necessary powers to satisfy the assurances made to the FAA
in connection with the expenditure of airport revenues, including eligibility for sound insulation
and/or- sound insulation funding that is paid by airport revenues. The City shall enter into all
agreements and assurances and shall take all other actions that may be necessary to provide for the
Utilization of airport revenues on the basis set forth in this Appendix A. Each Member and
municipality and county that receives Noise Compatibility Projects shall enter- into all agreements
and assurances, including agreements with and assurances to the City, shall execute any necessary
certificates, records, and other documents, and shall take all other actions that may be necessary
to obtain and maintain FAA approval for the use of the airport revenues as contemplated in this
Appendix A. Neither the O'Hare Commission nor any Member shall take or omit to take any
action if such action or omission violates restrictions on the use of airport revenues. The City shall
not be obligated in any year to pay or utilize any amounts In excess of available airport revenues
to carry out the purposes of this Appendix A.
C. The determination of eligibility to participate in a Noise Compatibility Program or
receive a Noise Compatibility Project Is not to be construed as an admission or detern-unatlon of
negative impact by aircraft noise or of liability for d anlages or �rny other injury relating to aircraft
noise ort the part of the City or the o'l-Iarc Commission.
D. In the event they are determined to be eligible for participation ir1 a Noise
Compatibility Program, property owners in the O'Hare Cor11r111ssion Area shall not be required to
pay any portion of the cost of any Noise Compatibility Project. Upon approval by the City and
with the consent of the property owner, at its option the City may acquire homes that are subject
to very higrli levels of aircraft noise.
E. Noise Compatibility Projects outside the City may be implemented through
iMenibers and ether 111L1111Cipalit ies and coL111t ies located in the 0 1-1 sire Commission Area. A
municipality a11d county 111LI rCgLICSt th'rt the City Undertake a Noise C.'otivatibility Projcc:t within
A-1
19
its corporate: bo�indaries. Noise ConipatibiIity Pro.jccts �vithirl the bOLIndaries of` the City shall be
implemented by the City. The City play anter into agreements ill connection with the plc,rnr1ir1g
�xr1cl ir�il7lell��'iltcltic)t7 of rc�l�c�sed Noise.' C: c�tinpatihility 1'rc Jc:cts iii the C�'H Conimission Ar�.'�i.
The City shall provide administrative support and professional 'arid technical assistance to the
O'1-l(ire Col11r11ission. each Member, and all otlIer- n1uni61N'llit'les rind coeintics located in the
O'Fl are Corrin-lission Area in connection with the operations of the O 1.1 are Commission all(] the
planning and implementation of Noise Compatibility Projects. All procurement activities related
to Noise Compatibility Projects shall be Undertaken ill accordance with applicable law.
F. The O'Hare Commission may receive: grants from any SOLIrc:e to be used For the
l)tirpose of discharging its duties and obligations in accordance with the provisions of tills
Appendix A, and also may mare grants for such purposes. The O"Hare Commission may expend
any such grants for purposes consistent with this Appendix A. 'rhe City and the O'Hare
Commission shall each use its best efforts (includ ing serving as the sponsor or applicant for federal
grants) to obtain the maximLim amount of federal funds in connection with any Noise
Compatibility Projects, so as to maximize the availability and impact of the City's frnanclal
contribution to Noise Compatibility Projects in the O'Hare Commission Area.
G. The City shall install, operate, and maintain a pennanent noise monitoring systern
("Systeill") at and around O'Hare. The purposes of the System include validation of the FAA -
approved noise contour For O'Hare, assisting in deter -pining the eligibility and priority of proposed
Noise Compatibility Projects for schools, enhancing public understand ing of aircraft noise issues,
and monitoring trends in aircraft noise.
(1) The City may retain a third party vendor ("System Operator") selected by the City
with the input of the O'Hare Commission to operate and maintain the System pursuant to an
agreement between the City and the System Operator.
(2) At the request of the O'Hare Commission, the City may also retain and pay the cost
of another third party vend or( 6LSystem Expert"} to provide independent management oversight of
the System. The System Expert shall be mutually selected by the City and the O'Hare
Commission. The System Expert will be responsible for independently verifying data and system
operation through the review of all illpUts and operational aspects of the System. All reports
prepared by the System Expert shell be provided directly to the City and the O'Hare Cominlsslon.
The activities and duties of the System Expert shall be consistent in all respects with the applicable
regUircnlents of -the FAA. i f the O'Hare Commission regLrests the City to retain and pay for such
a System Expert, the atnocrnt that the City is obligated to pay the: System Expert shall not exceed
$200,000 per year, adjusted annually for inflation.
(3) "rhe System shall include a mnlninium of 36 monitoring sites in the O'Hare
Commission Area, plus such rlurnber of additional pennanent monitoring sites as may be agreed
upon by the City and the O'Hare Commission.
�4} The data calle:ctc'el by the: Systel�l shall be I�7�rdc: availably' by tlle City tc}the O'Hare
Commission and any Member- that requests such data. The City shall provide reports to the O'Hare
C.'on>>ilission and any Member based on the daui collected by the System.
A-? _
20
(5) Neither the o't I are Cott missi011, 1101- idly of its Members. representat Ives, a4yents.
Clllplt}VCCS. C011SU ltallI S. or }..)l-Of SSI011(`ll tICi V' PSOI'S Shall List, 01- ZISsist Of leer I)C]'SOIIS in LIS111111,
information crencrated by the System III violation of Section 4.A.�5} of' Ao rceme»t.ZID
21
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22
INTERGOVERNMENTAL AGREEMENT RELATING TO
THE O'HARE NOISE COMPATIBILITY COMMISSION
This agreement, effective January 1, 2021, succeeds the previous agreement that was
approved by the Chicago City Council and which went into effect on January 1, 2016, which
expires under its own terms on December 31, 2020. It is entered into by the City of Chicago, a
municipality and home rule unit of government under the Illinois Constitution of 1970, by and
through the Chicago Department of Aviation, and the undersigned Members, organized under the
laws of the State of Illinois. In consideration of the mutual agreements contained in this
Agreement, the City of Chicago and each Member agree as follows:
Section 1. Establishment of O'Hare Commission; Purposes.
The O'Hare Noise Compatibility Commission ("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) determine certain
Noise Compatibility Projects and Noise Compatibility Programs to be implemented in the O'Hare
Commission Area; (b) oversee an effective and impartial noise monitoring system; (c) advise the
City concerning O'Hare -related noise issues; and (d) provide a forum for direct citizen
engagement.
Section 2. Definitions.
Whenever used in this Agreement, the following terms shall have the following meanings:
"Advisory Member" means an authorized representative of the Archdiocese of Chicago,
the Diocese of Joliet, or any other non-governmental elementary and secondary school located in
the O'Hare Commission Area who shall serve as a special advisory Member of the O'Hare
Commission as provided in Section 3.D. of this Agreement, but who shall have no voting powers
on the O'Hare Commission and shall not be parties to the Agreement.
"Alternate" means a Designee's substitute.
"Chicago TRA CON Boundary" means the area depicted in Appendix B.
"City " means the City of Chicago. The Commissioner of Aviation or his or her Alternate
(or any successor thereto) shall have the sole authority to undertake the City of Chicago's
obligations and responsibilities under this Agreement, and the City shall act by and through the
Commissioner of Aviation or his or her Alternate (or any successor thereto) for purposes of this
Agreement, except as otherwise set forth in this Agreement.
"Designee" means a Member's chief elected officer for a municipality other than the City,
the Commissioner of Aviation for the City, chief elected officer for a county, or the superintendent
or chief executive for a school district.
23
"FAA " means the Federal Aviation Administration or any successor agency.
"Member" means, at any time, each city, village, public school district, or county located
in the O'Hare Commission Area that has executed a counterpart of this Agreement on the basis set
forth in this Agreement, other than the City. In addition, "Member" shall include Wards 36, 38,
39, 40, 41, and 45 of the City of Chicago ("Chicago Ward Members") as set forth in Section
3.B.(111) of this Agreement, who shall be eligible to participate as individual Members on the
O'Hare Commission upon approval and execution of this Agreement by the City.
"Noise Compatibility Programs " means programs, including but not limited to the
Residential Sound Insulation Program and the School Sound Insulation Program, which address
aircraft noise concerns in the O'Hare Commission Area as determined by the O'Hare Commission
in cooperation with the City.
"Noise Compatibility Projects " means the noise compatibility projects (including
administrative costs) in the O'Hare Commission Area which are eligible for funding based on FAA
regulations and grant assurances, which have been identified as eligible for participation in Noise
Compatibility Programs as determined by the O'Hare Commission in cooperation with the City
based on criteria adopted by the O'Hare Commission, and for which there is available funding.
Noise Compatibility Projects include, but are not limited to, the sound insulation of homes and
schools and/or providing the funding for such sound insulation to be implemented. Participation
in a Noise Compatibility Program or receipt of a Noise Compatibility Project shall be voluntary
on the part of the relevant property owner.
"O'Hare " means Chicago O'Hare International Airport.
"O'Hare Commission Area " means the Illinois area within the Chicago TRACON
Boundary with an interest in O'Hare -related aircraft noise issues, which area includes but is not
limited to the following municipalities, counties (which shall represent their respective residents
in unincorporated areas), and public school districts: (i) the City of Chicago, Addison, Arlington
Heights, Bartlett, Bensenville, Bloomingdale, Des Plaines, Downers Grove, Elmhurst, Elmwood
Park, Franklin Park, Glenview, Hanover Park, Harwood Heights, Hoffman Estates, Itasca,
Lincolnwood, Maywood, Melrose Park, Mount Prospect, Niles, Norridge, Northlake, Palatine,
Park Ridge, River Forest, River Grove, Rolling Meadows, Rosemont, Schaumburg, Schiller Park,
South Barrington, St. Charles, Stone Park, Wayne, and Wood Dale; (ii) Cook County and DuPage
County; and (iii) School Districts 2, 7, 48, 59, 63, 64, 80, 81, 84, 84.5, 85.5, 86, 87, 88, 89, 100,
205, 207, 2141 234, 299, and 401. Municipalities, counties, and public school districts may be
added to the O'Hare Commission Area as provided in Section 7.G.
"Part 150 Plan" means a noise abatement and land use compatibility plan developed
pursuant to 14 CFR Part 150, or any successor provision.
"Residential Sound Insulation Program " means the program determined by the O'Hare
Commission in cooperation with the City to provide sound insulation to homes in the O'Hare
Commission Area that are affected by O'Hare -related aircraft noise, and that are eligible for sound
2
24
insulation pursuant to FAA guidelines and regulations and eligibility criteria established by the
O'Hare Commission in cooperation with the City, and for which there is available funding.
"School Sound Insulation Program" means the program determined by the O'Hare
Commission in cooperation with the City to provide sound insulation to schools in the O'Hare
Commission Area that are affected by O'Hare -related aircraft noise, and that are eligible for sound
insulation pursuant to FAA guidelines and regulations and eligibility criteria established by the
O'Hare Commission in cooperation with the City, and for which there is available funding.
"TRACON" means Terminal Radar Approach Control facility.
Section 3. Composition and Organization.
A. In order for a person to participate as a Designee, the city, village, public school
district, or county represented by such person must have approved and executed a counterpart of
this Agreement by February 28, 2021, or pursuant to Section 7.G. of this Agreement, except that
the Chicago Ward Members shall be eligible to participate as individual Members of the O'Hare
Commission upon approval and execution of this Agreement by the City.
B. The O'Hare Commission shall consist of the (i) chief elected officer or other
Alternate of each of the municipalities and counties in the O'Hare Commission Area, except that
the Commissioner of Aviation, or his or her Alternate, shall represent the City in an ex officio
capacity; (ii) the superintendent, or chief executive, or other Alternate of each public school
district serving any portion of the O'Hare Commission Area; and (iii) Chicago Ward Designees,
who shall be appointed by the Mayor of the City of Chicago. An individual may serve as a
Designee or an Alternate for only one Member, except that Chicago Ward Designees shall not
have an Alternate.
C. The O'Hare Commission Area includes municipalities, counties, Chicago wards,
and public school districts with an interest in O'Hare -related noise issues, and a principal purpose
of this Agreement is to provide a forum for those municipalities, counties, Chicago wards, and
public school districts to work together with the City on a cooperative basis in addressing these
issues.
D. The Archdiocese of Chicago, the Diocese of Joliet, and other non-governmental
elementary and secondary schools located in the O'Hare Commission Area may serve as special
Advisory Members of the O'Hare Commission. Advisory Members may participate fully in the
deliberations of the O'Hare Commission, but shall have no voting powers and shall not be parties
to this Agreement.
E. The O'Hare Commission's Executive Committee shall be comprised of a Chair,
Vice Chair, Executive Director, and any other officers that it deems necessary. The O'Hare
Commission shall elect annually from its Designees or Alternates a Chair and a Vice Chair and
any other officers that it deems necessary. The O'Hare Commission shall appoint, retain, and
employ an Executive Director and such other staff, professional advisors, and consultants as may
3
25
be needed to carry out its powers and duties. The appointment of the Executive Director must be
approved by a simple majority of the Members of the O'Hare Commission.
F. Unless otherwise specified in the bylaws, a majority of the Members of the O'Hare
Commission in good standing shall constitute a quorum for the transaction of business. Except as
provided for in Section 7.H., a concurrence of a simple majority of the quorum shall be necessary
for the approval of any action by the O'Hare Commission. The O'Hare Commission shall establish
a schedule of regular meetings in accordance with its bylaws ("Regular Meetings"), and special
meetings may be called by the City or any five Members of the O'Hare Commission upon at least
seven days' written notice to the City, each Member, and each Advisory Member.
Section 4. O'Hare Commission Powers and Duties.
A. The O'Hare Commission shall have the following duties and powers:
(1) The O'Hare Commission shall determine certain Noise Compatibility Programs
and Noise Compatibility Projects to be implemented in the O'Hare Commission Area in
cooperation with the City as set forth in Appendix A, and shall establish criteria for participation
in such Noise Compatibility Programs and for determining the priorities for providing such Noise
Compatibility Projects.
(2) The O'Hare Commission may make recommendations to the City regarding noise
reduction programs at O'Hare including, but not limited to, the use of new technologies and flight
patterns, preferential runway usage, the implementation of sound insulation programs, the use of
ground run-up enclosures, and the implementation of FAA standard noise abatement, take -off, and
high altitude approach procedures. No such recommendations shall be submitted to the FAA or
implemented by the City without the prior approval of the O'Hare Commission. The O'Hare
Commission also shall cooperate with the City in seeking agreements with the airlines using
O'Hare and the FAA, as appropriate, with respect to aircraft noise mitigation and related matters.
(3) The O'Hare Commission may advise the City concerning any Part 150 Plan
concerning O'Hare. The City shall not submit any such plan or any subsequent revision proposed
by the City to the FAA without allowing the O'Hare Commission 60 days to review it and submit
written recommendations to the City for consideration.
(4) The O'Hare Commission may request and, except as set forth below, the City shall
provide full access to all publicly available documents relating to: (i) any O'Hare noise monitoring,
(ii) any O'Hare -related Noise Compatibility Project proposed or undertaken in whole or in part by
the City, and (iii) any recommendations or submissions to the FAA by the City related to airport
noise mitigation related to O'Hare. Such requests may not impose an undue burden upon the City
or interfere with its operations. In such circumstances, the City shall extend to the O'Hare
Commission an opportunity to confer with it in an attempt to reduce the request to manageable
proportions.
(5) Neither the O'Hare Commission, nor any of its Members, representatives, agents,
employees, consultants, or professional advisors shall use, or assist other persons in using FAA
0
26
flight data for O'Hare and/or Chicago Midway International Airport ("Data") in legal actions to
enforce noise abatement policy or regulations without prior approval of the FAA, and shall not
release such Data without notice to and consultation with the FAA. The O'Hare Commission and
its Members, representatives, agents, employees, consultants, or professional advisors shall not
release the Data for use by law enforcement agencies or for use in any civil litigation except as
otherwise required by law. If the O'Hare Commission or any of its Members, representatives,
agents, employees, consultants, or professional advisors are required by law to release such Data,
they shall notify the FAA before doing so. This notification must be provided promptly after the
O'Hare Commission or any of its Members, representatives, agents, employees, consultants, or
professional advisors receives a request or requirement to release the Data, and prior to the release
of the Data. The O'Hare Commission and its Members, representatives, agents, employees,
consultants, or professional advisors shall not release Data if advised by the FAA that the Data
contains any information deemed sensitive at the sole discretion of the FAA, unless required by
law to release such Data.
(6) The O'Hare Commission shall adopt an annual expense budget for each fiscal year,
which shall be consistent with the City of Chicago fiscal year. The O'Hare Commission's expense
budget shall be adopted at least 30 days prior to the commencement of each such fiscal year. The
O'Hare Commission's expense budget shall be funded by the City and any grants received
pursuant to Section F of Appendix A of this Agreement, following the evaluation and approval by
the City of the proposed budget request.
(7) The O'Hare Commission shall have the power to sue and be sued and to take any
other action necessary to perform its powers under this Agreement. No funds received by the
O'Hare Commission from the City shall be used for legal services or other costs in connection
with any action by the O'Hare Commission against the City, its officers or employees, or any
airline using O'Hare, except for enforcement of the provisions of this Agreement. The City will
indemnify, defend, and hold harmless Members from any and all claims, costs, expenses, including
attorney's fees, damages, judgments and court costs arising out of the Member's participation in
the O'Hare Commission. Members shall promptly provide to the City copies of any notices
Members may receive of any claims, actions, fines, proceedings or suits as may be given or filed
in connection with the Member's participation in the O'Hare Commission.
(8) The O'Hare Commission shall undertake any procurement activities in accordance
with this Agreement and pursuant to applicable law.
(9) The O'Hare Commission shall adopt bylaws for the conduct of its meetings
consistent with the powers enumerated herein.
B. A record of proceedings and documents of the O'Hare Commission shall be
maintained, which shall be available for inspection by the City, each Member, each Advisory
Member, and the public as permitted by law. The accounts of the O'Hare Commission shall be
subject to an annual audit by a qualified independent public accountant.
C. The powers and duties of the O'Hare Commission shall be limited to those
expressly set forth in this Section and in Appendix A of this Agreement.
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Section 5. Term of Agreement.
A. This Agreement shall be effective January 1, 2021, and shall terminate on
December 31, 2025, unless otherwise terminated with the written consent of the City and two-
thirds of the Members. The term of this Agreement may be extended upon the approval of the
City and any Member which wishes to extend the term of the Agreement. If any Member defaults
in any material respect in the performance of any of its duties or obligations under this Agreement,
and such default continues for 30 days after the O'Hare Commission notifies the Member, the
O'Hare Commission may terminate the defaulting Member's participation as a party to this
Agreement. A material default by a Member shall include, but is not limited to, failure to comply
with Section 6.
B. Any Member may withdraw as a Member of the O'Hare Commission at any time
by providing 60 days advance written notice of its intent to withdraw to the City and the O'Hare
Commission. Each such written notice shall be accompanied by a certified copy of a resolution or
other official action of such Member's legislative body authorizing such withdrawal. Following
its withdrawal from the O'Hare Commission, the Member shall cease to exercise any of its rights
under this Agreement and to be responsible for any subsequent obligation incurred by the O'Hare
Commission.
C. The City may terminate this Agreement at any time after January 1, 2021, upon 180
days prior written notice to each Member and each Advisory Member. Following the City's
termination of this Agreement, the rights and obligations of each party to this Agreement shall
terminate.
Section 6. Attendance Policy
A. Members' Designees or Alternates shall attend the majority of Regular Meetings in
a calendar year. If a Members' Designee or Alternate misses three consecutive or the majority of
Regular Meetings in a single calendar year, the Member will receive written notification from the
Executive Director that it will be temporarily suspended from the O'Hare Commission for a period
of one year, which shall begin on the date of the written notification.
B. Temporary suspension will involve the loss of membership and voting privileges
for that one-year period from the date of the suspension. During the temporary suspension,
suspended Members may attend meetings and participate in discussions as members of the public,
but will not count as part of the voting quorum and will not be eligible to vote.
C. At any time during its one-year temporary suspension, a Member may appeal its
temporary suspension by submitting a written request to the Executive Director due to a change in
circumstances. Reinstatement of the Member shall be governed by the bylaws.
D. No later than 30 days following the end of the temporary suspension period, a
Member may submit a written request to the Executive Director to be reinstated. Reinstatement
of the Member shall be governed by the bylaws. If the Executive Director does not receive the
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reinstatement request within 30 days after the end of the suspension period, then this Agreement
shall be terminated between the City and the Member.
Section 7. Miscellaneous.
A. All notices hereunder shall be in writing and shall be given as follows:
If to the City, to:
Commissioner of Aviation
Chicago Department of Aviation
10510 W. Zemke Road
Chicago, IL 60666
If to a Member, to the address set forth on the signature page of the counterpart of this
Agreement executed by such Member, and, in the case of Chicago Ward Members, to such
addresses and telephone numbers as they may provide to the O'Hare Commission. Members may
provide an e-mail address for purposes of receiving notices.
All notices shall be effective upon receipt by U.S. mail or e-mail. Any Member may
change the address or addresses for notices to be sent to it by giving notice to the O'Hare
Commission.
B. No Member may assign its rights or obligations under this Agreement without the
prior written consent of the City and the other Members.
C. The City shall not be responsible or liable for damage to property or injury to
persons that may arise from, or be incident to, compliance with this Agreement or the
implementation of a Noise Compatibility Program or a Noise Compatibility Project by a Member
or other municipality or county. A Member shall not be responsible or liable for damage to
property or injury to persons that may arise from, or be incident to, compliance with this
Agreement or the implementation of a Noise Compatibility Program or a Noise Compatibility
Project by the City, another Member, or another municipality or county. The City's financial
obligations under this Agreement are limited to legally available airport revenues. Neither the City
nor any Member shall be liable for any expenditures, indebtedness, or other financial obligations
incurred by the O'Hare Commission unless the City or such Member has affirmatively agreed to
incur such expenditure, indebtedness, or financial obligation. No Advisory Member shall be
subject to any liabilities or obligations under this Agreement.
D. This Agreement and the bylaws authorized in Section 4.A.(9) constitutes the entire
agreement of the parties with regard to the subject matter hereof. This Agreement shall not confer
upon any person or entity other than the parties hereto any rights or remedies. Appendix A and
Appendix B are incorporated herein and made a part of this Agreement.
E. 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
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party. Each counterpart may vary in order to identify the Member, its address for notices, and its
execution by an authorized officer. The execution of counterparts of this Agreement by a
municipality, public school district, or county located in the O'Hare Commission Area prior to
February 28, 2021, shall not require the consent of the O'Hare Commission, the City, or any
Member.
F. This Agreement shall be governed and construed in accordance with Illinois law.
G. Any municipality, public school district, or county located in the O'Hare
Commission Area that does not become a Member prior to February 28, 2021, may thereafter
become a Member upon: (i) the approval of the City and a majority of the O'Hare Commission as
set forth in Section 3.E. of this Agreement; and (ii) execution of a counterpart of this Agreement.
H. The approval of the City and two-thirds of the Members shall be required to amend
this Agreement. Notice of any proposed amendment shall be transmitted to each Member and
each Advisory Member at least ten days prior to the meeting of the O'Hare Commission at which
any proposed amendment is to be first considered. Any amendment shall be effective on all parties
hereto when counterparts are executed by the City and two-thirds of the Members.
30
Executed as of this day of
CITY OF CHICAGO
0
Commissioner
Chicago Department of Aviation
VILLAGE OF MOUNT PROSPECT
Arlene A. Juracek
Mayor
ATTEST:
Karen M. Agoranos
Village Clerk
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APPENDIX A
Implementation of Noise Compatibility Programs and Projects
In connection with the development and implementation of Noise Compatibility Programs
and Noise Compatibility Projects in the O'Hare Commission Area, the City and the O'Hare
Commission shall have the following duties and responsibilities:
A. The Members of the O'Hare Commission shall direct the further development of
the Noise Compatibility Programs for the O'Hare Commission Area. The Members of the O'Hare
Commission shall establish criteria for the equitable allocation of Noise Compatibility Projects
and approved airport revenues (including by not limited to FAA Airport Improvement Program
("AIP") grants, Passenger Facility Charge ("PFC") funds, and General Airport Revenue Bonds,
and/or bonds backed by such funding sources) within the O'Hare Commission Area and the
priorities for providing Noise Compatibility Projects, subject in each case to approval by the FAA
and in compliance with all applicable FAA regulations and grant assurances, as well as other
applicable law, and subject to available funding.
B. The City shall retain all necessary powers to satisfy the assurances made to the FAA
in connection with the expenditure of airport revenues, including eligibility for sound insulation
and/or sound insulation funding that is paid by airport revenues. The City shall enter into all
agreements and assurances and shall take all other actions that may be necessary to provide for the
utilization of airport revenues on the basis set forth in this Appendix A. Each Member and
municipality and county that receives Noise Compatibility Projects shall enter into all agreements
and assurances, including agreements with and assurances to the City, shall execute any necessary
certificates, records, and other documents, and shall take all other actions that may be necessary
to obtain and maintain FAA approval for the use of the airport revenues as contemplated in this
Appendix A. Neither the O'Hare Commission nor any Member shall take or omit to take any
action if such action or omission violates restrictions on the use of airport revenues. The City shall
not be obligated in any year to pay or utilize any amounts in excess of available airport revenues
to carry out the purposes of this Appendix A.
C. The determination of eligibility to participate in a Noise Compatibility Program or
receive a Noise Compatibility Project is not to be construed as an admission or determination of
negative impact by aircraft noise or of liability for damages or any other injury relating to aircraft
noise on the part of the City or the O'Hare Commission.
D. In the event they are determined to be eligible for participation in a Noise
Compatibility Program, property owners in the O'Hare Commission Area shall not be required to
pay any portion of the cost of any Noise Compatibility Project. Upon approval by the City and
with the consent of the property owner, at its option the City may acquire homes that are subject
to very high levels of aircraft noise.
E. Noise Compatibility Projects outside the City may be implemented through
Members and other municipalities and counties located in the O'Hare Commission Area. A
municipality and county may request that the City undertake a Noise Compatibility Project within
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its corporate boundaries. Noise Compatibility Projects within the boundaries of the City shall be
implemented by the City. The City may enter into agreements in connection with the planning
and implementation of proposed Noise Compatibility Projects in the O'Hare Commission Area.
The City shall provide administrative support and professional and technical assistance to the
O'Hare Commission, each Member, and all other municipalities and counties located in the
O'Hare Commission Area in connection with the operations of the O'Hare Commission and the
planning and implementation of Noise Compatibility Projects. All procurement activities related
to Noise Compatibility Projects shall be undertaken in accordance with applicable law.
F. The O'Hare Commission may receive grants from any source to be used for the
purpose of discharging its duties and obligations in accordance with the provisions of this
Appendix A, and also may make grants for such purposes. The O'Hare Commission may expend
any such grants for purposes consistent with this Appendix A. The City and the O'Hare
Commission shall each use its best efforts (including serving as the sponsor or applicant for federal
grants) to obtain the maximum amount of federal funds in connection with any Noise
Compatibility Projects, so as to maximize the availability and impact of the City's financial
contribution to Noise Compatibility Projects in the O'Hare Commission Area.
G. The City shall install, operate, and maintain a permanent noise monitoring system
("System") at and around O'Hare. The purposes of the System include validation of the FAA -
approved noise contour for O'Hare, assisting in determining the eligibility and priority of proposed
Noise Compatibility Projects for schools, enhancing public understanding of aircraft noise issues,
and monitoring trends in aircraft noise.
(1) The City may retain a third party vendor ("System Operator") selected by the City
with the input of the O'Hare Commission to operate and maintain the System pursuant to an
agreement between the City and the System Operator.
(2) At the request of the O'Hare Commission, the City may also retain and pay the cost
of another third party vendor ("System Expert") to provide independent management oversight of
the System. The System Expert shall be mutually selected by the City and the O'Hare
Commission. The System Expert will be responsible for independently verifying data and system
operation through the review of all inputs and operational aspects of the System. All reports
prepared by the System Expert shall be provided directly to the City and the O'Hare Commission.
The activities and duties of the System Expert shall be consistent in all respects with the applicable
requirements of the FAA. If the O'Hare Commission requests the City to retain and pay for such
a System Expert, the amount that the City is obligated to pay the System Expert shall not exceed
$200,000 per year, adjusted annually for inflation.
(3) The System shall include a minimum of 36 monitoring sites in the O'Hare
Commission Area, plus such number of additional permanent monitoring sites as may be agreed
upon by the City and the O'Hare Commission.
(4) The data collected by the System shall be made available by the City to the O'Hare
Commission and any Member that requests such data. The City shall provide reports to the O'Hare
Commission and any Member based on the data collected by the System.
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(5) Neither the O'Hare Commission, nor any of its Members, representatives, agents,
employees, consultants, or professional advisors shall use, or assist other persons in using,
information generated by the System in violation of Section 4.A.(5) of this Agreement.
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APPENDIX B
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