HomeMy WebLinkAboutRes 05-97 01/21/1997 /caf
1/16/97
RESOLUTION 5-97
A RESOLUTION AUTHORIZING EXECUTION OF AN
INTERGOVERNMENTAL AGREEMENT RELATING TO
THE O'HARE NOISE COMPATIBILITY COMMISSION
WHEREAS, the O'Hare Noise Compatibility Commission has been established to
determine certain noise compatibility projects to be implemented in the areas affected by
O'Hare International Airport, to oversee an effective and impartial noise monitoring system
and to advise the City of Chicago concerning O'Hare related noise issues; and
WHEREAS, the corporate authorities of the Village of Mount Prospect have determined
that it would be in the best interests of the Village to join together with neighboring
communities and enter into an intergovernmental agreement with the City of Chicago
relating to the O'Hare Noise Compatibility Commission; and
WHEREAS, it has been further determined that it would be in the best interest of all
concerned to enter into an intergovemmental agreement relating to the O'Hare Noise
Compatibility Commission, a copy of which Agreement is attached hereto and hereby
made a part hereof as Exhibit "A".
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND BOARD OF TRUSTEES
OF THE VILLAGE OF MOUNT PROSPECT, COOK COUNTY, ILLINOIS:
SECTION ONE: That the Mayor is hereby authorized to sign and the Clerk is authorized
to attest his signature on the Agreement between the Village of Mount Prospect and the
O'Hare Noise Compatibility Commission, a copy of which Agreement is attached hereto
and hereby made a part hereof as Exhibit "A".
SECTION TWO: That this Resolution shall be in full force and effect from and after its
passage and approval in the manner provided by law.
AYES: Corceren, Hoefert, Jurecek, Wilks, Farley
NAYS: Clowes, Hendricks
ABSENT: None
PASSED and APPROVED this 21st day of January, 1997.
ATTEST: Mayor
Carol A. Fields
Village Clerk
Revised Form of 10/i 5/96
INTERGOVElPaNMENTAL AGREEMENT R.ELATI~'G TO
THE O'HARE NOISE COMPATIBILITY COMMISSION
Tkis agreement is entered into by the City of Chicago, a municipality and home role unit
of go~/ernment under the Illinois Constitution of 1970 and the undersigned Participant, 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 Participant agree as follows:
Section 1. F. stablishment of O'Hare Commission; Purposes.
The O'Hare Noise Compatibility Commission is hereby established pursuant to Section
I0 of A.rticle 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 to be
implemented in the O'Hare 'Affected Area, (b) oversee an effective and impartial noise
monitoring system and (c) advise the City concerning O'Hare-related noise issues.
Section 2. Composition and Organization.
(a) The O'Hare Commission shall consist of'the (i) mayor, village president or chief
executive officer or other designee of each of the cities and villages in the O'Hare Commission
Area, (ii) the president, superintendent or other designee of each public school district serving
any portion of the O'Hare Commission Area; (iii) one member appointed by the President of the
Cook County Board representing the unincorporated areas of'Leyden, Maine, Niles and Norwood
Park Townships in Cook County and (iv) one member appointed by ~he Chairman of the DuPage
County Board representing the unincorporated areas of Addison Tovmship in DuPage County,
provided that no such person shall be eligible to participate as a member of the O'Hare
Commission unless the city, village, public school district or county represented by such person
has approved and executed a counterpart of this Agreement by December 3 I, 1996 or pursuant to
Section 5(g).
(b) The O'Hare Commission Area (as defined in Appendix B) includes communities
and public school districts with an interest in O'Hare relired noise issues and a principal purpose
of this Agreement is to provide a forum for those communities and public school districts to
work together with the City on a cooperative basis in addressing these issues. The communities
and public school districts in the O'Hare Affected .Area (as defined in Appendix B) are granted
additional powers in this Agreement with respect to certain noise compatibility projects to be'
implemented in the O'Hare Affecte~l Area.
(c) Representatives of the Archdiocese of Chicago, the Diocese of Joliet and other
non-governmental elementary and secondary, schools located in the O'Hare Affected Area may
serve as special advisory members of the O'Hae Commission. Advisory members ma)'
participate ~lly in the deliberations of the O'Hare Commission, but shail'have no voting powers
aid shal~ not be part[es to this Agreement.
(d) The O'Hare Commission shall elect armually from its members a Chair and a
Vice Chair and any other officers that it deems necessary'. The O'Hare Commission also shall
appSint, 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 any staff
and the select~on of professional advisors and consultants must be approved by two-thirds of the
members of the O'Hare Commission.
(e) Except as expressly set forth in this Ag-reement, the concurrence of a majority of
the members of the O'Hare Corn.mission shall be necessary for the approval of any action by the
O'Hare Commission. A majority of the members ofthe'O'Hare Commission shall constitute a
quorum for the transaction of business, provided that a majority of the members of the O'Hare
Commission representing the O'Hare Affected Area shall constitute a quorum for the purpose of
taking any actions described in para~aphs (a) th.rough (h) in Appendix A. As soon as practicable
after the effective date of this Agreement, the O'Hare Commission shall organize for the
transaction of business. The initial organizational meeting of the O'Hare Commission shall be
called by the City upon at least seven days' written notice to each Participant and each Advisory
Member. The O'Hare Commission may establish a schedule of'regular meetings, and a special -
meeting may be called by the City or any two members of the O'Hare Commission upon at least
seven days' ~witten notice to the City, ~ach Participant and each Advisory Member.
Section 3. O'Hare Commission Powers and Duties.
(a) The O'Hare Commission shall have the following duties and powers:
(I) A majority of the members of the O'Hare Commission representing the O'Hare'
Affected Area shall determine certain noise compatibility projects to be implemented in the
O'Hare Affected Area in cooperation with the City as set forth in Appendix A.
(2) The O'Hare Commission may make recommendations to the City regarding noise
reduction programs at O'Hare including, but not limk?k tg, the use of new technologies and
flight patterns, preferential run~vay usage, the implementation of soundproofing programs and
the implementation of FAA standard noise abatement, take-off and high altitude approach
procedures. No s{ich recommendations shall be submit-ted 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, to reduce aircraft noise through the achievement of a voluntary two-phase ban on
night time stage 2 jet aircraft operations, including a self-imposed ban between 11:00 p.m. and
5:.30 a.m. beginning in 1996, and between 10:30 p.m. and 6:00a.m. by the end of 1997. If
satisfactory pro~ess is not demonstrated with this voluntary approach, then t.he City at its
expens~ shall take steps to impose mandatory restrictions having the sa~ effect, unless any such
action would lead to the termination by the FA-A in whole or in part of an approved passenger
facility charge progra_m at O'Plare or the reduction or termination of federal airport grant funding
at O'Hare.
"(3) The O'Hare Commission may advise the City concerning any Part 150 Plan
concerning O'Hare. The City shall not submit any O'Hare Part 150 Plan to the FAA without
allowing 'the O'Hare Commission 60 days to review it and submit written recommendations to
the City for consideration.
(4) Upon 'the reasonable request of the O'Hare Commission, it shall receive from the
City 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 recorn.rfi~ndations or submissions to the FAA related to airport noise
mitigation related to o'Hare. Neither the O'Hare Commission, nor any of its Participants,
representatives, agents, employees, consultants or professional advisors shall use, or assist other
persons in using, any such information in violation of the Memorandum of Agreement between
the FAA and the City relating to the use of certain data provided by the FAA to the City's
permanent noise monitoring system described in paragraph (i) of Appendix A.
(5) Following a p,.ublic hearing, the O'Hire Commission shall adopt annually a
current expense budget for each fiscal year. The O'Hare Commission's current expense budget
shall be adopted at least 60 days prior to the commencement of each such fiscal year follov,'ing
its first full fiscal year. The O,Hare Commission's current expense budget shall be paid by the
City and shall not exceed $200,000 per fiscal year, adjusted annually for inflation.
(6) The O'Hare Commission shall have the power to sue and be sued and to take any
other action necessary to perform its powers under this Agreement. No funds received by the
O'Hare Commission from the City shall be used for legal sen, ices or other costs in connection
with any action by the O'Hare Commission against the City, its of'ricers or employees or any
airline using O'Hare, except for enforcement of the prov..i~ions of this Agreement.
(7) The O'Hare Commission shall undertake any procurement activities in
accordance with this Agreement and pursuant to applicable law.
($) The O'Hare Commission shall adopt by-laws and roles for the conduct of its
meetings consistent with powers enumerated herein.
Co) A record of proceedings and documents of the O'Hare Commission shall be
maintained, which shall be available for inspection by the City, each Participant, each Advisory
Member and the public as permit-ted by law. The accounts of the O'Hare Commission shall be
sub, ct to an annual audit by a qualified independent public accountant.
(c) The p0~?rs and duties of the O'Hare Cormmission snail be limited to those
expressly set for'& in this section. "'
Section 4. Term of Agreement.
(a) This Agreement shall be effective November __, 1996, and shall terminate on
December 31, 2005 unless other, vise terminated with the w'rirten consent of the City and two-
thirds' of the Participants. The term of this Agreement may be extended upon the approval of'the
City and two-ffdrds of the Participants. If any Participant defaults in ariy material respect in the
performance of any of its duties or obligations under th.is Agreement, and such default continues
for 30 days after the O'Hare Commissior! notifies the Participant, the O'Hare Commission may
terminate the defaulting Participant's participation as a party to th.is Agreement. A material
default by a Participant shall include the failure of its authorized representative to attend three or
more consecutive meetings of the O'Hare Commission.
(b) Any Participant'rnay withdraw as a member of the O'Ha.re Corrmaission 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 accomparded by a certified copy of a
resolution or other official action of such Participant's legislative body authorizing such
withdrawal. Follouring its w/thdrawal from the O'Hare commission, the Participant 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 terrhinate this Agreement at any time after January 1, 2002, upon
180 days. prior writ-ten notice to each Participant and each Advisory Member. Following the
City's termination of this Agreement, the rights and obligations of each party to this Agreement
shah terminate.
Section 5. Miscellaneous.
(a) All notices hereunder shall be in writing and shall be given as follows:
If to the City, to:
Commissioner
Department of Aviation ~, ~ ,
City of Chicago
Chicago-O'Hare International Airport
Terminal 2/Mezzanine
Chicago, Illinois 60668
Fax: (312) 686-3424
If to a Participant, to the address set forth on the signature page of the counterpart of this
Agreement executed by such Participant, and if to an Advisory Mefnber, to the address provided
to the O'Hare Commission by such Advisory Member.
All notices shall be effective upon receipt. Notices given by fax shall be confirmed by
mailing a copy thereof, first class postage prepaid. .any pa'-cy ma~/ change the address or
addresses for notices to be sent to it by giving notice to the other parries.
Cc>) No Participant may assign its rights or obligations under this Agreement without
the prior ,,wit'ten consent of the City and the other Participants.
".(c) The CiD' shall not be responsible or liable for damage to property or injury to
persons 'that may ar/se from, or be incident to, compliance with this Agreement or the
implementation of an Approved Project by a Participant or other Governmental Unit. A
Participant 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 an
Approved Project by the CID', another Participant or another Oovermmental Unit. The City's
financial obligations under this Agreement are limited to legally available proceeds of O'Hare
General Airport Revenue Bonds', proceeds of O'Hare PFC Bonds (as defined in Appendix A),
passenger facility charge revenues and other O'Hare grants and revenues. Neither the CiD' nor
any Participant shall be liable for any expenditures, indebtedness or other financial obligations
incurred by the Commission unless the CiD' or such Participant has a.ffirmativel7 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 constitutes the entire agreement of the parties and supersedes all
prior agreements or undei'stan~tin~s, both ,.wit-ten and oral, between the parties with regard to the
subject matter hereof, except for the Settlement Xgreement and Limited Release dated April 9,
t996 between the CiD' and the People of the State of Illinois ex rel. Anthony M. Peccarelli,
state's attorney for DuPage County, et al. This Agreement shall not confer upon any person or
entity other than the parties hereto any rights or remedies..4ppendices .4 and/~ 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 mo~.~, c,o,unterpans have been signed by each
party. Each counterpart may vary in order to identify the Participant, its address for notices and
its execution by an author/zed 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
January I, 1997 shall'not require the consent of the O'Hare Commission, the City or any
Participant.
(0 This Agreement shall be governed and construed in accordance with Illinois law.
(g) .any municipality, public school district or count' located in the O'Hare
Commission Area that does not become a Participant prior to January 1, 1997 may thereafter
ecome a Par~icipa~'tt upon ~n,. approval oF the Ci'.T mad me 0 H_r~ Com.~mission. Addidona!
mumc~a[i~[es ~d pubi[c schoo[ d~s~ricts may be added ~o ~h¢ d ....... ~,n oFO'H~-e Commission
.~-~a contained ~n N~i.~' $ s:.ith ~he ~pprova[ of the C[~y and ~h: O'Har¢ Commission, ia
whSch case ~%' such municipaU~y or p~bi~c school d~s~Hc~ sha[! bqcom¢ a P~icip~q~ upon [~s
approval ~nd :x~cution ora counte~aq of ~m~ Ag,=~ment.
O) ~e approval of two-~irds of the Paxicip~ts, and the approval of the Ci~, shall
be required to ~end ~is Agreement, except as provided in Section 5(g) ~d in Section (i)(vi) of
AR~endi~ A. Notice of ~y proposed ~=ndment shall be mailed to each Pa~icip~t ~d each
Adviso~ Member at least ten days pdor to the meeting of the O'Nae Co~mission at which ~y
proposed amendment is to be ~st co~sidered. ~y ~¢ndmeat shall oe ~,.~ct~v~ on .
h=reto when co~te~ms are executed by ~e Ci~ ad ~'o-thirds of the Pmicip~ts.
Datedthis 21st dayof Jart~l~ry ,1997.
CITY OF CH/CAGO
ATTEST:
/
A_P P E,.'s-D IX A
Implemenmtioc of Noise Compa~ibiti~' Pro.iects
In connection wi*d~ the development and implementation of noise compatibility projects
in the O'Hare A2%cted Area, the City and the O'Hare Commission shall have the following
duties and responsibilities:
(a) On June 28, 1996 the City received FAA approval to impose and use SI 80 million
of Approved PFCs (the "1996 Approved PFCs ") for Approved Projects (the "1996 Approved
Projects"), including the payment of a portion of the debt set'rice on $250,000,000 of Passenger
Facility Charge Revenue Bonds (the "PFC £onds") that were issued by the City in July 1996 to
finance the Series 1996 Approved Projects. As of the effective date of th.is Agreement, the City
has entered into written a~eements or undertak/ngs with Governmental Units and other entities
with respect to the altocation 6f a portion of the 1996 Approved PFCs to fi.md a portion of the
1996 Approved Projects (the "Committed Projects"). The O'Hare Con-u-nission shall have no
powers Mth respect to any Corm-hitter Project. The balance of any 1996 Approved PFCs that
have not been allocated to Committed Projects will be allocated on the basis set forth in th. is
Appendix A.
(b) The City shall file one or moFe additional passenger facility charge applications or
amendments to approved passenger facility charge pro.ams Mth the FAA requesting approval
to impose an ag~eghte bf$36~000,000 of passenger facility charges at O'H--re over the ten year
period from 1996 through 2005 and to use such passenger facility charge revenues to finance
noise compatibility projects in the O'Hare Affected Area that meet the eligibility criteria for
passenger facility charge 5.raring. 2-n/s mount, together with the $180 million of Approved
PFCs described in para~aph (a), will be in addition to any federal noise mitifation grants that
either the City or the O'Hare Commission receive and any amounts expended directly by the
City at O'Hare (including, for exarnple, the "Hush Hofise" facility for aircraft maintenance). The
City and the O'Hare Commission may a~ee in the future to seek additional mounts of
Approved PFCs for additional Approved Projects. The City, m'~er consulting w/th the members
of the O'Hare Commission representing the O'Hare Affected .4a'ea, shall determine the timing
and amounts of m'~y future passenger facility charge applications or amendments. It is understood
that Approved PFCs will not be available for use untIi~each such application or arnendment is
approved by the FAA and such Approved PFCs are collected at O'Hare.
(c) The members of the O'Hare Commission representing the O'Hare Affected Area
shah direct the further development of the noise compatibility pro.am for the O'Hare Affected
Area which shall be reflected in ~,n7 subsequent PFC Application that is prepared and filed by the
City. The members of the O'Hare Commission representing the O'Hare .~-'f'ected Area shall
determine the alIocation of Approved PFCs for Approved Projects in the O'Hare Ah~cted Area
(excluding 1996 Approved PFCs allocated to the Committed Projects) and shall est-bIish criteria
for the equitabte allocation of Approved PFCs for Approved Projects in the O'Hare Affected
Area (excluding 1996 Approved PFC. s allocated to the Corrtm/tted Projects), subject ia each case
to the related PFC approval ~om the FAA. The specific allocation of Approved PFCs to
Approved Projects (excluding 1996 Approved PFCs allocated to Corramjtted Proj~.cls) .shall be
determi, ned in the following manner: (i) 50% of due Approved PFCs shall be allocated to
Approved Projects determined by a majority vote of the members of the O'Hare Co..,-unission
representing tlne O'Hare A~%cted A.rea and (ii) 50% of the Approved PFCs shall be allocated ro
Approved Projects determined by a two-thirds vote of the members of the Commission
representing the O'Hare Af-i%cted Area. Because federal tax law and FAA requirements provide
that any PFC Bond proceeds must be spent within certain time periods, the members of the
O'Hare Commission representing the O'Hare Affected Area shall take action 'Mth respect to any
1996 Approved Project financed by any PFC Bond pro'ceeds (excluding any Committed Projects)
~o later than July 31, 1997 or else the City may proceed with 'the implementation of any such
1996 Approved Project without the approval of the members of the O'Hare Commission
representing the O'Hare Affected Area.
(d) The City shall include in each PFC Application allowable administrative costs for
the formulation and implementation of Approved Projects. In order to comply with applicable
federal requirements, such Approved PFCs shall be used ordy in accordance with the terms of
any assurances made by the City to the FA&, any record of decision issued by the FAA and ail
other applicable federal statutes and reg-dlations and FAA policies.
(e) The City shall retain all necessary powers to satisfy the assurances made to the
FAA in connection with ekch PFC Application. The City shall enter into all a~eements and
assurances and shall take'all other actions that may be necessary to provide for the utilization of
Approved PFCs by Participan.J,~s ~nd other Governmental Units for Approved Projects in the - -
O'Hare Affected Area on the bials set forth in this Appendix. Each Participant and other
Governmental Unit that receives Approved PFCs shall enter into ali a~eements and assurances,
including a~eements 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 Approved PFCs as contemplated in th..is Appendix and to
maintain the tax-exempt status of the PFC Bonds. Neither the O'Hare Commission nor any
Participant shall take or omit to take any action if such action or omission could (i) result in a
violation of any assurances made by the City to the FAA or any record of decision issued by the
FAa or a violation of any other applicable federal, state or local law, regulation or policy or (ii)
adversely affect the tax-exempt status of the PFC Bonds. The City shall not be obligated in any
year to pay or utilize any mounts in excess of the %pproved PFCs that are imposed 'and
collected in that year to carry out the purposes.of this AppendLx.
.(f) Prope.r~ty owners in the O'HaZe Affected Area shall not be required to pay any
port[on of the cost of any Approved Project. No property ovmer shall be required to waive any
property rights in exchange for participation in any Approved Project. Severely impacted homes
will Se eligible for voluntary acquisition.
(g) Approved Projects outside the City of Chcago re, ay be impl~mented th.rough .
Participants and other Governmental Units located in the O'Hare Affected Area. A
Goverm-nenta[ Unit may request that the City undertake an Approved Project within such
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Oove~_mental Unit's co,orate bou.nda~es. Approved Projects ~tbJn ~e boodles or,he Cky
shah b~ ~mpl~m~nted by ~n~ Ci~. ~ CiD' may enter in~o agreements {n co~ect~on ~d~ ~h~
plm~ng mhd impl~m~ntatfon of proposed no[se compat[biH~ projacts in the O'H~ A~%ct~d
.~a. ~n~ C[~ ~hali provfd~ adminJstrat[v~ suppo~ ~d professional ~nd t~c~ica[ ass[stmnc~ to
p[~ing ~d [mpl~m:n~afion of Approved Projects. AH procumm~n~ acfivk[~s r~lamd
Approved Projects sh~i be ~d~kcn in sccord~c~ ~ ~ppHcab~e
~) ~ O'H~ Co~iss[on may rec~{v~ ~s ~om ~y so,ce to be used for
p~os~ of disch~g~g ks duties ~d obligations ~ accordmnc~ ~ ~ provisions of
Appendix, ~d also may m~ ~Is for such p~os~s. ~ O'H~c Co~[ss[on may exp~nd
~y such ~ts for p~os~s consistent ~ ~s Appendix. ~ C[V ~d ~e
Co~[ss~on shah each us~ ~m b=st ~%~s (including sc~ng ~ Ihe sponsor or appHc~ for
mitigation projects, ~o ~ to 'mmx/mize ~e availabiliV ~d ~pact of ~e Civ's fin~cial
contribution to noise mitigation projects ~ ~e O'H~e ~cted .~ea.
(i) (i) ~e CiW shall install ~d mhn~n a pe~ent noise monitoring system
"System ") at ~d ~o~d O'H~e ~d CMcag~Midway Ai~om.
(ii) A ~rd p~ vendor selected by ~e Civ M~ ~e input of ~e O'Hare
Co~ission shall operate ~e System p~su~t to ~ agreement bem'een the Ciw ~d ~e vendor.
~e CiW also shall pay ~e cox[ ?f independent m~agement oversight of the System by a t~m
of independent expels (~e "System ~perts") mutably selected by ~e CiW ~d ~e O'H~e
Co~iss~on. ~e System Expegs Mil be responsible for independently vefi~g data ~d
System operation ~ough ~e review of all inputs ~d op,mtional ~pect~ of ~e System. All
repons prepped by ~e Syst:m Expems sh~l be provided dkectly to ~e Ciw ~d ~e O'H~e
Co~iss[on. ~e acti~ties ~d duties of~e System Exper~ shall be consistent ~ ~1 respects
~ ~e applicable requiremenB of~e F~. ~e mo~t ~at ~e Civ is obligated to pay ~e
System Expem shMl not exceed S 150,00Q per ye~, adjured ~ually for i~ation.
(iii) ~e System sh~l include a miMmm of 35 moMto~g sites in ~e O'H~e
~cted ~ea, plus such nmber of additional moMtofing sites ~ may be r~onabl7 requested
by ~e O'H~e Co~iss[on or ~y P~icip~t. ~ ~ ,
(iv) ~e co,elated data collected by ~e System shah be made available by ~e Civ to
uhe O'H~e Co~ission ~d ~y Pm~cip~t ~at requests such data. ~e Ci~ shall provide
repoms to ~e O'H~e Co~ission ~d each Pmicip~t b~ed on the data collected by the
System.
(v) Neither ~e O'H~e Co~ission, nor ~y of its P~icip~ts, representatives,
agents, employees, consuk~ts or professional advisors shall use, or ~sist other per~ons in using,
mn7 i~o~at[on generated by ~e Sy,tem in violation of ~e Memor~dm of Agreement
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between the F.A.A aid the Ciw relating to the use of certain data provided by the FA_A to tine
System. .' ·
(vi) If the data collected by the System and verified by the System Experts d,.u-/ng any
continuous six month per/od occu.rring at an7 ti_me during the te~--m of this Agreement indicates
that the area v-kb.in the corporate boundaries of any Participant did not experience mn aircraft
noise level attribmable to O'Hare equal to the Noise Threshold or higher for such period, the
City shall provide written notice to such Participant that 30 days a_fie( the giving of such notice,
the Participant no 'longer shall be deemed to be located witkin the O'Hare A~%cted Area and its
powers as a Participant under th.is A~eement relating to the determination of Approved Projects
]n the O'Hare Affected Area shall terminate automatically, without fuzrher action by the O'Hare
Corranission, the Participants orthe City. The term/nation of any Participant's powers p ,,'~suant
to. this para~aph shall not adversely affect the completion of any Approved Project that
commenced prior to the giving of such termination notice by the City. If the data collected by
the System and verified by the System Experts during any continuous six month period occurring
at any time during the term of-this Agreement indicates that any area within the corporate
bocundaries of anY Participant that is not then included in the O'Hare Affected .Area experiences
an aircraft noise level equal to the Noise Threshold or kigher for such period, the City shall
provide v,-citten notice to such Participant that 30 days after the giving of such notice, such
Pa-tkipant automatically shall be deemed to be included in the O'Hare Afz~cted Area and may
exercise powers under th/s A~eement relating to the determination of Approved Projects in the
O'Hare Affected Area, w/thout further action by the O'Hare Commission, the Participants or the
City.
(vii) If requested by Bensenvil[e, Des Haines, Elmhu.rst, Park Ridge or Wood Dale,
and only if the requesting, municipality is a Participant, the City shall pay for the installation in
the requesting community or com.rnun/ties of a separate passive noise monitoring system (the
"Additional Syst~rn "), 'known ~ the "Passur System", to be operated by the O'Haze Commission
or such requesting munic!pality. The City shall be entitled to receive in.formation from the
operation of the Additional System on the same basis' and to the same ex'~ent that the O'Hare
Commission and each Participant is entitled to receive in.format[on from the operation of the
System.
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APPENDIX B
Definitions
Whenever used in this A~eement, the folloMng terms shaI~ have the following
meanings:
"Ad¥i$o,~ ~{'ember" mea_qs an authorized representative of' the Archdiocese of Chicago,
the Diocese of J'oliet or any other non-govemmantal elementm7 and seconda_W school located in
the 0'Hare Affected Area who sha~l serve as a special advisoo' member of the 0'Hare
Commission as provided in Section 2(c).
"Approved FFCs" means the passenger facility charges approved by the FAA. to be
imposed by the City at 0'Hare and to be used to finance Approved Projects.
"Approved Projects" means the noise compatibility projects (including administrative
costs) in the O'Hare Affected Area for which the FAA has approved the imposition of passenger
facility charges at O'Hare and the use of passenger facility charges, including but not limited to
soundproofing of homes, schools, hospitals, senior centers, nursing homes, libraries and other
eligible facilities.
"City" means the City of Chicago. The Commissioner of the Department of Aviation or
his or her designee (or any successor thereto) shalt have the authority to undertake the City of
Chicago's obligations and respg~sibilities under this Agreement. - -
"FAA" means the Federal Aviation Administration or any successor agency.
"Governmental Unit" means a count)', township, municipality, municipal corporation,
unit of local government, public school district, special district, public corporation, body
corporate and politic, forest preserve district, park district and any other local governmental
agencies, including any created by intergovernmental agreement among any of the foregoing
units.
"Noise Threshold" means an aircraft noise level attributable to O'Hare equal to 65 Ldn
or higher for a period of measurement determined by, the, O'Hare Commission, or such other
aircraft noise level as is mutually a~eed to by the City and the O'Hare Commission and that is
consistent with then current F.A.A standards.
"0 'Hare" means Chicago-O'Hare International Airport.
"0 'Hare Affected Area' means the area contained within any municipality located in the
O'Hare Commission Area, any public school district serving any portion of the O'Hare
Commission Area or any unincorporated area located in the O'Hare Commission Area that
experiences an aircraft noise level attributable to O'Hare equal to the Noise Threshold or higher
during any continuous six month period as set forth in Section (i)(vi) of Appendix A. As of the
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.~.nec~ed Area consists oI the area con~.ined w'~tmn
~:~c~t~,~ date of this A~ment, ~e O'Hm-e ~ ~" ' .....
(i) 5ne co~orate oomnd~es of~e Ciw, .~-lin~on Heights, B.ns~n ll.~,..B.rkd~y, Des Haines,
=[~ Grove Village, Eldest, Fr~lin P~k, Han~'0od He,gars, Itasca, Melrose Pa-k, Momnt
Prospect, No~dge, No~<e, P~k ~dge, Rosemoat, Schiller P~k, S~on~ P~k ~d Wood Dale
and (ii) ~¢ m~nco~orated aea of Leyden, Maine, Nilcs ~d No.rood P~k To~ns~ps in Cook
Co~W ~d Xha ~nco~orated ~eas of Addison Towns~p in DuPaga Co~W.
"O'Hor~ Commission" m~s ~ O'H~ Noise CompatibiliW Co~ission established
p~su~t' to ~s Agrccment ~d having ~ composition set fo~ in Section 2 oft~s Agreement.
"O'Hare Commission Area" me~s ~e ~ea contained ~t~n (i) ~e co~orate
bo~d~es of ~e Ciw, Addison, ~lington Heights, Bensenville, Berkeley, Des Haines, Elk
Grove Village, E~n~st, Fr~in P~k, Glenview, H~ood Heights, Itasca, Melrose P~k,
Mo~t Prospect, Niles, No~dge, No.brook, No~mke, Palatine, P~k ~dge, Prospect Heights,
RoIt~g Meadows, Rosemont, Schambmg, Sc~ller P~k, Stone P~k ~d Wood Dale ~d (ii)
~nco¢orated ~e~ of Leyden,- Maine, Niles ~d No~ood P~k To,ms.ps in Cook Co~W
~d ~e ~nco~orated ~eas of Addison To~s~p in DuPage Co~W. M~cipalities ~d
public school districts may be added to ~e O'H~e Co~ission ~ea ~ provided ~ Section
"~art 150 ~lon" me~s a noise abatement ~d l~d use compatibili~ pl~ developed
p~s~t to 14 CFR Pm 150, or ~y successor provision.
"~ortic¢ont".me~s, a~ ~Y time, each ci~, village, public school dis~ct or
located in ~e O'H~e Co~ission ~ea ~at has executed a co~te~ of~is A~eement on
basis set fo~ in ~s A~eement, other ~ ~e Ci~.
"~FC~pplicotion" me~s each p~senger hcili~ ch~ge application or me~dment to
approved p~senger hcili~ ch~ge progrm filed by ~e Ci~. ~ ~e F~q p~su~t to
Agreement.
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