2024-05-20 - Ordinance 2024-048 - APPROVING AMENDMENTS TO THE AGREEMENT ESTABLISHING THE SOLID WASTE AGENCY OF NORTHERN COOK COUNTY AS A MUNICIPAL JOINT ACTION AGENCY AND TO THE BYLAWS OF THE SOLID WASTE AGENCY OF NORTHERN COOK COUNTY ORDINANCE NO.2024-048
AN ORDINANCE APPROVING AMENDMENTS TO
THE AGREEMENT ESTABLISHING
THE SOLID WASTE AGENCY OF NORTHERN COOK COUNTY
AS A MUNICIPAL JOINT ACTION AGENCY
AND
TO THE BYLAWS OF THE SOLID WASTE AGENCY
OF NORTHERN COOK COUNTY
WHEREAS,the Village of Buffalo Grove ("Village") is a home rule, municipal
corporation existing in accordance with the Illinois Constitution of 1970; and
WHEREAS, Section 6(a) of Article VII of the Illinois Constitution of 1970
authorizes home rule units,such as the Village,to "exercise any power and perform
any function pertaining to its government and affairs;' and
WHEREAS, Section 10 of Article VI I of the Illinois Constitution of 1970
authorizes units of local government,such as the Village,to contract or otherwise
associate amongst themselves in any manner not otherwise prohibited by law or
ordinance; and
WHEREAS, Section 3 of the Illinois Intergovernmental Cooperation Act,S ILCS
220/3, permits any powers, privileges,functions or authority exercised or which may
be exercised by a unit of local government,such as the Village,to be combined and
exercised jointly with any other unit of local government; and
WHEREAS, pursuant to such authorization,the Village has entered into an
Agreement with other municipalities establishing the Solid Waste Agency of
Northern Cook County ("SWANCC") as a municipal joint action agency
("Agreement"); and
WHEREAS, as a member of SWANCC,the Village has approved By-Laws that,
together with the Agreement, govern the function and operation of SWANCC; and
WHEREAS,the Village now desires, and finds it in the best interest of the
health,safety, morals and welfare of the Village,to amend the Agreement and the
By-Laws of SWANCC concerning the appointment of representatives authorized to
represent the Village at meetings of SWANCC, all as set forth in this Ordinance.
NOW,THEREFORE, BE IT ORDAINED by the President and Board of Trustees of the
' Village of Buffalo Grove, Cook and Lake Counties, Illinois, as follows:
SECTION ONE: Recitals. The foregoing recitals are hereby adopted by this
reference as findings of the Village Board ofTrustees and are hereby incorporated
into this Section as if fully set forth.
SECTION TWO: Amendrr�ent to Agreernent Section 8, "Governance,"subsections
*.3 and 8.4, are hereby ame.nded as follows (added text is shown as bold. double-
underlined text and deleted text is shown as�-+�:�'.�r +�.,+):
Section 8. Governance. .
8.1 The Agency shall be governed and administered as
provided in this Section and in the By-Laws, adopted pursuant to,
and subject to the limitations of,this Agreement.
8.2 The governing body of the Agency shall be the Board of
Directors.There shall be one Director for each Member,who shall
be appointed by vote of the corporate authorities of the Member
and who at the time of appointment shall be the (i) Mayor or
President of a Member (if such Member is a municipality) or the
President or Chairman of a Member (if such Member is a County),
(ii) another elected member of the corporate authorities of the
Member or, (iii) the chief administrative officer of the Member.The
term of each initial Director shall begin when he or she is
appointed and shall continue until April 30,1991 and until his or
her successor is appointed.Thereafter, all Directors shall be
appointed for two-year terms expiring on April 30 of odd
numbered years. Except as provided in paragraph 8.4, a person
serving as a Director shall serve until his or her term expires, and
thereafter until his or her respective successor is appointed. Each
Director shall have one vote on the Board of Directors.
8.3 Any Member may appoint one or more persons to serve
as the Alternate Director.Any such appointee shall meet the
qualifications for office as a Director established in paragraph 8.2
or shall be a staff person of the Member a�aointed by its
coroorate authoritv and aranted the authoritv to act on the
Member's behalf.The Alternate Director may attend any meeting
of the Board of Directors and may vote as the Director in the
absence of the Director from that Member or if there is a vacancy
in the position of Director from that Member.The term of an
Alternate Director shall be the same as the term of the Director
from the appointing Member. Except as provided in paragraph
8.4, a person serving as Alternate Director shall serve until his or
her term expires and thereafter until the successor is appointed.
8.4A11 appointments of Directors and Alternate Directors
shall be by ordinance or resolution of the corporate authorities of
the appointing Member, a certified copy of which shall be filed
with the Secretary of the Agency.Should any Director or Alternate
Director cease to serve as the President, Mayor, Chairman, elected
member of the corporate authorities-e�=chief administrative
officer of the appointing Member. or staff oerson of the Member
granted authoritv to act on the Member's behalf,that person
shall simultaneously cease to serve as Director or Alternate
Director of the Agency and the position shall be vacant.Any
vacancy in the office of Director or Alternate Director shall be filled
by appointment by the Member with respect to which the
vacancy exists. Directors and Alternate Directors shall receive no
compensation for their service in this capacity but may be
reimbursed by the Agency for reasonable and necessary expenses
incurred in performance of their duties.
/remainder unchanged/
SECTION TWO: Arr�endrr�ent to By-Laws Section 1, "Members and Powers," is
hereby amended as follows (added text is shown as bold, double-underlined text
and deleted text is shown as�-+�:�'��~ {�.,+):
1. Members and Powers.The Board of Directors of the
Agency shall be comprised as provided in the Agreement and the
By-Laws and shall exercise those powers specified in the
Agreement and the By-Laws. If any Director or Alternate Director
ceases to serve as the President, Mayor, Chairman, elected
member of the corporate authorities e�1 chief administrative
officer of the Member which appointed such person�or staff
person of the Member aranted authoritv to act on the
Member's behalf, becomes incapacitated or is otherwise
removed as a Director or Alternate Director by the corporate
authorities of the appointing Member,that seat on the Board of
Directors shall, subject to the provision for participation by
Alternate Directors contained in Section 2 of this Article, be vacant
until a successor is appointed by that Member. (For purposes of
the By-Laws, "Member"shall have the same meaning as in the
Agreement.)
SECTION FOUR: Superseder. In the event a conflict exists between the terms of this
Ordinance and any other ordinance or resolution of the Village, the terms of this
Ordinance shall govern.
SECTION FIVE:Severabilitv. If any section, paragraph, clause, phrase, provision or
part of this Ordinance shall be held to be invalid or unenforceable for any reason,the
invalidity or unenforceability of such section, paragraph, clause, phrase, provision or
part shall not affect the validity of any of the remaining provisions of this Ordinance.
SECTION SIX: Effective Date. This Ordinance shall be in full force and effect upon
its passage, approval, and publication in pamphlet form in the manner provided by
law.
AYES: 5-Johnson. Ottenheimer. Stein. Bocek. Weidenfeld
NAYES: 0- None
ABSENT: 1 -Cesario
PASS E D: M ay 20.2024
APPROVED: May 20,2024
PUBLISHED: Mav 21.2024
ATTEST: APPROVED:
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Jane M. irabian,Village Clerk Eric N.Smith,Village President
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