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Subject A RESOLUTION AUTHORIZING AN AMENDMENT OF THE
INTERGOVERNMENTAL AGREEMENT RELATING TO THE O'HARE
NOISE COMPATIBILITY COMMISSION
Meeting November 18, 2025 - REGULAR MEETING OF THE MOUNT
PROSPECT VILLAGE BOARD
Fiscal Impact (Y/N) N
Dollar Amount
Budget Source
Category CONSENT AGENDA
Type Action Item
Information
The current Intergovernmental Agreement ("IGA") with the City of Chicago ("City") and all
member municipalities and school districts that are members of the O'Hare Noise Compatibility
Commission (ONCC) will expire on December 31, 2025. The agreement is subject to renewal
every five years.
The ONCC Governance Committee worked with the Chicago Department of Aviation (""CDA'If)
and the City Attorneys to update the IGA, ensuring alignment between the Bylaws and the
commission's goals. The IGA, which establishes the ONCC, outlines the commission's purpose,
composition, organization, powers, duties, terms, and attendance policy. The IGA is consistent
with changes to the Bylaws which have been approved by the entire ONCC membership.
The approval process for the IGA involves multiple steps. Each ONCC member and the City
must approve the agreement. The IGA was first presented to the ONCC general membership
this past spring and subsequently submitted to the City. Chicago's City Council approved the
IGA in October and the IGA has been distributed to the ONCC members for approval by their
respective governing bodies. Signed copies must be returned to the ONCC by no later than
December 31, 2025. After signed copies are received, the CDA Commissioner will then sign
the finalized document, and the ONCC will provide each member with an executed copy. The
ONCC aims to complete this process, including the collection of signed agreements, by the end
of the year.
The updated IGA will extend the term from January 1, 2026 to December 31, 2030.
Discussion
Alternatives
1. Approve a resolution authorizing an amendment of the intergovernmental agreement
relating to the O'Hare Noise Compatibility Commission.
2. Direction at the discretion of the Village Board.
Staff Recommendation
Approve a resolution authorizing an amendment of the intergovernmental agreement relating
to the O'Hare Noise Compatibility Commission.
Attachments
1. Resolution ONCC IGA 2026
2. ONCC IGA ordinance
3. 2025-10-16 ONCC IGA FINAL
4. 2025-xx-xx ONCC IGA v4-Chicago-city-council (Redline)
Resolution No.
A RESOLUTION AUTHORIZING AN AMENDMENT OF THE
I NTERGOVERN M ENTAL AGREEM ENT RELATI NG TO TH E
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 (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 (the "Journal") of such date
at pages 24918-24932, as repealed and amended by an ordinance adopted on
October30, 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,
2014, 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 ILCS 220/1 et seq.), the City entered
into an intergovernmental agreement relating to the O'Hare Noise
Compatibility Commission (the "Agreement") by and among the City and
various municipalities, Cook County, DuPage County, and public school
districts (as defined in the Intergovernmental Agreement, "Participants"); and
WHEREAS, the O'Hare Noise Compatibility Commission (the "ONCC") was
established pursuant to the Agreement and provides a common forum for
interested parties to have avoice in the aircraft 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, 2025 to
December 31, 2030, and
WHEREAS, the 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,
NOW, THEREFORE, BE IT RESOLVED BY THE PRESIDENT AND BOARD OF
TRUSTEES OF THE VILLAGE OF MOUNT PROSPECT, COOK COUNTY,
I LLI NOIS, ACTING IN THE EXERCISE OF THEIR 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 President 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.
AYES:
NAYS:
ABSENT:
PASSED and APPROVED this 18th day of November, 2025.
Paul Wm. Hoefert, President
ATTEST:
Karen M. Agoranos, Village Clerk
WHEIREASI., 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 the Chicago Department of Aviation (the
"Commissioner") is hereby authorized to execute an amendment to the Agreement substantially
in the form attached hereto as Exhibit A (the "Amended Agreement"), and to execute 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 Amended Agreement shall
become effective upon passage and approval of this ordinance and upon associated approval of the
Amended Agreement as specified in Section 7.H. of the Amended Agreement.
SECTION 3. The Commissioner shall provide notice of the amendments to the
Agreement proposed by this ordinance to each Member of the O'Hare Commission 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 ordinance,
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.
W
INTERGOVERNMENTAL AGREEMENT RELATING TO
THE O'HARE NOISE COMPATIBILITY COMMISSION
This agreement, effective January 1, 2026, succeeds the previous agreement that was
approved by the Chicago City Council and which went into effect on January 1, 2021, which
expires under its own terms on December 31, 2025. 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 below.
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 O'Hare 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 of Chicago 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
listed below.
"Advisory Member" means an authorized representative of a non -governmental entity or
group 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.
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"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 3 6, 3 8,
39, 40, 41, and 45 of the City of Chicago ("Chicago Ward Members") as set forth in Section
3.B.(iii) 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, Elmhurst, Elmwood Park, Franklin
Park, Glenview, Hanover Park, Harwood Heights, Hoffman Estates, Itasca, Lincolnwood, 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, and Wood Dale; (11) Cook County and DuPage County; and (111) School Districts 2, 7,
59, 63, 64180, 81, 84, 84.5185.5986, 87, 88189, 100, 2141 234, and 401. Municipalities, counties,
and public school districts may be added to or removed from the O'Hare Commission Area
pursuant to the terms of this Agreement.
"Part 150 Plan" means a noise abatement and land use compatibility plan developed
pursuant to 14 C.F.R. 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
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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 an FAA 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 December 31, 2025, 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: (i) the chief elected officer as Designee
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 as Designee 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 within the O'Hare Commission area to work together with the City on a
cooperative basis in addressing these issues.
D. The Chair, with majority approval of the Executive Committee, as defined in the
O'Hare Commission bylaws, may appoint non -governmental entities or groups to 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 shall elect annually from its Designees or Alternates a
Chair, Vice Chair, Treasurer, and any other officers that it deems necessary pursuant to the O'Hare
Commission bylaws. The O'Hare Commission shall appoint, retain, and employ an Executive
Director and such other staff, professional advisors, and consultants as may 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.
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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 listed below.
(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, takeoff, 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; (11) any O'Hare -related Noise Compatibility Project proposed or undertaken in whole
or in part by the City; and (111) any recommendations or submissions to the FAA by the City related
to aircraft 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
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 which
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 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 Agreement.
Section 5. Term of Agreement.
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A. This Agreement shall be effective January 1, 2026, and shall terminate on
December 31, 2030, 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, 2026, 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
reinstatement request within 30 days after the end of the suspension period, then this Agreement
shall be terminated between the City and the Member.
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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 email address for purposes of receiving notices.
All notices shall be effective upon receipt by U.S. mail or email. 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
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
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December 31, 2025, 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 December 31, 2025, 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.F. 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.
0
Executed as of this day of , 2025.
CITY OF CHICAGO
Commissioner
Chicago Department of Aviation
us
Authorized Officer
Address:
(Name of Member)
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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 listed below.
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.
All procurement activities related to Noise Compatibility Projects shall be undertaken in
accordance with applicable law.
F. 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.
G. 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.
H. 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 in accordance with the Consumer Price Index for All Urban
Consumers ("CPI-U") for the Chicago -Naperville -Elgin area.
(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.
A-2
(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.
(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.
A-3
APPENDIX B
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INTERGOVERNMENTAL AGREEMENT RELATING TO
THE O'HARE NOISE COMPATIBILITY COMMISSION
g January , 2 succeeds the previous agreement that was
This agreement, effective Janua �,,,,��� ����,,,,��
approved by the Chicago City Council and which went into effect on January 1, 0�; which
............ ............. ........ ... ..
expires under its own terms on December 31, 20, 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 andeachMember agree asfollows��:��,,,,,,,,be ,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,�,,
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 M ,; , 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 !
,.ist .e .
"Advisory Member" means an authorized representative of
W q non -governmental e tt........... .* r ro e 1 �-,
e„h,,,,,,,, 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.
1
"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.(iii) 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.).......... �, 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-,,............ ayn1��, .�,,,,,,, ,,,,, ,,,e,, and Wood Dale; (ii) Cook County and DuPage
County; and (iii) School Districts 2, 7,............... 4,,,,, , 59, 63, 64, 80, 81, 84, 84.5, 85.5186, 87, K 891 100-5. , 214, 234. .....................9..., 9, and 401. Municipalities, counties, and public school districts may be
added r re m e d to the O'Hare Commission Area pursuant to the tegn s of this re -n ta u ,
"Part 150 Plan" means a noise abatement and land use compatibility plan developed
pursuant to 14 C.F.R. 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
2
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.
"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 .I ......................................... ��,,, .. 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,F„ .r- N, � ,,,,,e ,,,,, ,,,,,,,,1,,,,,, , 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 ................. t,, (i)the chief elected officer s
.........................
,,,,,,,,,,,g..,5, . ;;n 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
(ii) p ,,,,,,,,,,,,,,,, ,,,,,,,,,,esi e or other Alternate
an ex o icio capacity,the ,,,,,,,,,su superintendent, or chief executive ................................ ...... ,,,,,,,
__.I
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 ,, J h ", J ,,,.............. ,,,,... '....... .ire......... i s J", � ................
,,, are ......,,to work together with the City on a
cooperative basis in addressing these issues.
D . The Ch,
.................................. ,,,,,,,; i, �;;rat r a ... the E tie Committees de - fined, in. t
he
......... ...........
�fare;si
,,,,,,,,, ,,,,,,,,, ,,,,,,, ,,,,,,, „ a sa pl) t ,
non -governmental n.�.t J.1. J..� e „ o r ..... r , se4em.e.
co'mmi_s--� t 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.
C. ff �� Na .... •. "'� d" .°.:� 'tld ...".� r"4
a
O'Hare Commission shall elect annually from its Designees or Alternates
a Chair,,,,,,,,,a„, „ Vice Chair '"Fr--- asurer and an other officers that it deems necessary pursuant nt t the
.1 1.......................................................................................................................................... Y...................................................................................................................................................................................
3
' =fare Cm issi.. ,1:,,, b . l as. The O'Hare Commission shall appoint, retain and employ
..................................................................................................................................................................................................................................................................... .................an Executive Director and such other staff, professional advisors, and consultants as may 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 : listed,,;,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,� „ ,t ,,
(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
e. t l . ,,,,,,,, - and ,,, � � ,;i,,,, h , 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 (ill) any recommendations or submissions to the FAA by the City
related to ,a„i-r-p- t.........., „� , ~ ,, 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.
11
(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
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
. ch` the O'Hare Commission. Members shall promptly provide to the City copses o 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
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.
5
C. The powers and duties of the O'Hare Commission shall be limited to those
It is Agreement.express expressly forth n
Section 5. Term of Agreement.
A. This Agreement shall e effective January 1, �, ,,,,,,�,, and shall terminate on
December 31, 251.2 ............. ........... Q.,3unless 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, 2.....,,�4 , 2 0 2 6 ",
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.
0
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
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 *,,,,1-g-ri.,, ,,,, ,, address for purposes of receiving notices.
p 'p y f "i.� . Any Member may
A notices shall e effective upon receipt U.S.U. S . mail or e��„,,,,�, ,,,,,,„,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,
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.
7
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
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
,,, .,,, - ....... . er ... ., shall not require the consent O the Hare Commission,
............................................................................................................ I .............................................................. ...............
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
�
CommissionArea thatdoes notbecome a Member prior to r„,,,,,, , e...... per 31. 2025
may thereafter become a Member upon: (i) the approval of the City and a majority of the O'Hare
E� . of this Agreement, • and (ii) execution of a counterpart of
Commission as set forth in Section 3..................
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.
0
Executed as of this day of 2.020.2 0 2 5....
............. ............. ............. ...........
CITY OF CHICAGO
Commissioner
Chicago Department of Aviation
an
Authorized Officer
Address:
(Name of Member)
10
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 ......,, , J..,, „ ,e d.....,, b„ „J�Q
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
A-1
E. ..... . ............................................................................ 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.
,K 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.
1--GThe 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 th,i- ,, a ,,,,,,,,,,,;p„ 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 ,t,i- f ........, ,- ; , y-1. [].., J....r. d p.qq ,,,,;,,,,, 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,.iti. accordance r .. . with u. °..rc
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(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.
(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.
1�3
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