HomeMy WebLinkAboutOrd 6738 05/07/2024 Approving Amendments To The Agreement Establishing The Solid Waste Agency Of Northern Cook County As A municipal Joint Action Agency And To The Bylaws Of The Solid Waste Agency Of Northern Cook CountyORDINANCE NO. 6738
AN ORDINANCE APPROVING AMENDMENTS TO
THE AGREEMENT ESTABLISHING
THE SOLID WASTE AGENCY OF NORTHERN COOK COUNTY
AS A MUNICIPAL JOINT ACTION AGENCY
AND
TO THE BYLAWS OF THE SOLID WASTE AGENCY
OF NORTHERN COOK COUNTY
WHEREAS, the Village of Mount Prospect ("Village") is a home rule municipal corporation
existing in accordance with the Illinois Constitution of 1970; and
WHEREAS, Section 6(a) of Article VI I of the Illinois Constitution of 1970 authorizes home
rule units, such as the Village, to "exercise any power and perform any function pertaining to its
government and affairs;" and
WHEREAS, Section 10 of Article VII of the Illinois Constitution of 1970 authorizes units of
local government, such as the Village, to contract or otherwise associate amongst themselves in
any manner not otherwise prohibited by law or ordinance; and
WHEREAS, Section 3 of the Illinois Intergovernmental Cooperation Act, 5 ILCS 220/3,
permits any powers, privileges, functions or authority exercised or which may be exercised by a
unit of local government, such as the Village, to be combined and exercised jointly with any other
unit of local government; and
WHEREAS, pursuant to such authorization, the Village has entered into an Agreement
with other municipalities establishing the Solid Waste Agency of Northern Cook County
("SWANCC) as a municipal joint action agency ("Agreement'); and
WHEREAS, as a member of SWANCC, the Village has approved By -Laws that, together
with the Agreement, govern the function and operation of SWANCC; and
WHEREAS, the Village now desires, and find it in the best interest of the health, safety,
morals and welfare of the Village, to amend the Agreement and the By -Laws of SWANCC
concerning the appointment of representatives authorized to represent the Village at meetings of
SWANCC, all as set forth in this Ordinance.
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NOW, THEREFORE, BE IT ORDAINED BY THE VILLAGE BOARD OF TRUSTEES OF
MOUNT PROSPECT, COUNTY OF COOK, STATE OF ILLINOIS, AS FOLLOWS:
SECTIONONE: Recitals. The foregoing recitals are hereby adopted by this reference
as findings of the Village Board of Trustees and are hereby incorporated into this Section as if
fully set forth.
SECTION TWO: Amendment to Agreement Section 8, "Governance," subsections *.3
and 8.4, are hereby amended as follows (added text is shown as air i
and deleted text is shown as StFmGk tex ):
Section 8. Governance.
8.1 The Agency shall be governed and administered as
provided in this Section and in the By -Laws, adopted pursuant to,
and subject to the limitations of, this Agreement.
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 elected 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 his or her respective successor is appointed. Each Director
shall have one vote on the Board of Directors.
8.3 Any Member may appoint one or more persons to serve
as the Alternate Director. Any such appointee shall meet the
qualifications for office as a Director established in paragraph 8.2
'iA The Alternate Director may attend any
meeting of the Board of Directors and may vote as the Director in
the absence of the Director from that Member or if there is a
vacancy in the position of Director from that Member. The term of
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an Alternate Director shall be the same as the term of the Director
from the appointing Member. Except as provided in paragraph 8.4,
a person serving as Alternate Director shall serve until his or her
term expires and thereafter until the successor is appointed.
8.4 All appointments of Directors and Alternate Directors
shall be by ordinance or resolution of the 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, elected
member of the corporate authorities-ei�l chief administrative officer
of the appointing Member, s .� :� .._� � ... f . - hem _r
1 ri y tmm ._ac!UAh+M_' .. 1 that person
shall simultaneously cease to serve as Director or Alternate
Director of the Agency and the position shall be vacant. Any
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.
/remainder unchanged/
SECTION TWO: Amendment to BY -Laws Section 1, "Members and Powers," is hereby
amended as follows (added text is shown as and deleted text is
shown as GtFiGken )d):
1. Members and Powers. The Board of Directors of the
Agency shall be comprised as provided in the Agreement and the
By -Laws and shall exercise those powers specified in the
Agreement and the By -Laws. If any Director +fir Al termate,
Die-etm. ceases to serve as the President, Mayor, Chairman,
elected member of the corporate authorities erg chief
administrative officer of the Member which appointed such person
theMem becomes incapacitated or is otherwise
removed as a Director v. r.a t_L#^l by the corporate
authorities of the appointing Member, that seat on the Board of
Directors shall, subject to the provision for participation by
Alternate Directors contained in Section 2 of this Article, be vacant
until a successor is appointed by that Member. (For purposes of the
By -Laws, "Member" shall have the same meaning as in the
Agreement.)
SECTION FOUR: Sugerseder. In the event a conflict exists between the terms of this
Ordinance and any other ordinance or resolution of the Village, the terms of this Ordinance shall
govern.
SECTION FIVE: Severability. If any section, paragraph, clause, phrase, provision or part
of this Ordinance shall be held to be invalid or unenforceable for any reason, the invalidity or
unenforceability of such section, paragraph, clause, phrase, provision or part shall not affect the
validity of any of the remaining provisions of this Ordinance.
SECTION SIX: Effective Date. This Ordinance shall be in full force and effect upon its
passage, approval, and publication in pamphlet form in the manner provided by law.
Passed this 7th day of May, 2024.
AYES: Dante, Filippone, Gens, Grossi, Matuszak, Saccotelli
NAYS: None
ABSENT: None
/-1:RIIF-Al 1►i11►i• 1 Z
Approved this 7th day of May, 2024.
ATTEST.
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Karen M. Agoranos, V411age Clerk
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