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HomeMy WebLinkAboutORDINANCES-1988-009-O-883/7/88 ECFIIW.*F.* AN ORDINANCE Approving and Authorizing the Execution i of an Agreement Establishing the Solid Waste Agency of Northern Cook County j • as a Municipal Joint Action Agency and Approving and Authorizing the Execution of an Interim Project Use Agreement BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF EVANSTON, COOK COUNTY, ILLINOIS: SECTION 1: Findings: It is found and declared that: (A) The City of Evanston, Cook County, Illinois (the "City") desires to provide an efficient and environmentally sound system for the collection, transportation, processing, storage and disposal of municipal solid waste. Providing such a system is in the interests of the public health, safety and welfare of the City and its inhabitants. (B)' Article VII, Section 10 of the 1970 Constitution of the State of Illinois authorizes units of local government • to contract and associate among themselves to obtain or share services and to exercise, combine, or transfer any power or function, in any manner not prohibited by law or ordinance. (C) Under that constitutional provision, units of local government may use their credit, revenues, and other resources to pay costs and to service debt related to intergovernmental activities. (D) The Intergovernmental Cooperation Act, as I amended (Ill. Rev. Stat., ch. 127, paragraph 741 et seg., also authorizes units of local government to exercise and enjoy jointly their powers, privileges or authority and to enter into i intergovernmental agreements for that purpose. I (E) It is necessary for purposes of economy and • environmental safety for the City to join with other units of local government in Northern Cook County to create by intergovernmental agreement a municipal joint action agency to provide and operate an efficient and environmentally sound municipal solid waste system (the "System"). (F) The City, together with other municipalities in • Northern Cook County acting through the Northwest Municipal Conference,has prepared an Agreement Establishing the Solid Waste Agency of Northern Cook County as a municipal Joint Action Agency (the "Agency Agreement"). By entering into the j Agency Agreement, member units of local government (the "Members") will establish a Municipal Joint Action Agency (the I I "Agency") in order to provide and operate the System. The name i of the Agency will be "Solid Waste Agency of Northern Cook County." (G) It is necessary and in the best interests of the City and its inhabitants that the City enter into the Agency Agreement establishing the Agency. (H) When established, the Agency will obtain detailed design and engineering plans for a municipal solid • waste project consisting of a solid waste processing and disposal facility including a synthetic and clay lined balefill for the disposal of compressed and bundled solid waste, two fully enclosed waste transfer stations, sites for the balefill and the transfer stations, leachate and gas collection and drainage equipment, a leak detection and groundwater monitoring system, rolling stock, equipment and other improvements (the "Project"), acquire a site or sites for the Project and options to acquire a site or sites for the Project, obtain all necessary zoning and land use permits, prepare and file j applications for other necessary governmental permits, acquire equipment for the Project, commence construction of the Project, and do all other things necessary and desirable to prepare°for and to undertake the acquisition, construction, • equipping and improvement of the Project (collectively, the "Interim Project"). -2- (I) The Agency will borrow up to $5,500,000 and will issue its contract revenue and bond anticipation notes in an amount up to $5,500,000 (the "Series 1988 Notes'") to finance the costs of the Interim Project, including without limitation • engineering and design fees and expenses, costs of -acquiring a site or sites and options to acquire a site or sites for the Project, costs of equipment for the Project, costs of construction of the Project, expenses of the Agency and its staff, professional fees and expenses in connection with the Project, financial, legal, administrative and other expenses of the authorization, issuance, sale and delivery of the Series 1988 Notes, reimbursement to Members for costs of the Interim Project previously incurred in anticipation of the issuance of the Series 1988 Notes, capitalized interest and appropriate reserves and contingencies. (J) Both prinqipal of and interest on the Series 1988 Notes (and on any Additional Notes mentioned below) will be payable solely from (1) proceeds of refunding bonds or notes • of the Agency which may be used for that purpose; (2) receipts of the Agency from any Members or customers under any Interim Project Use Agreements between the Agency and such Members and customers; (3) any amounts on hand at any time in the.Agency Project Account and the Note Principal and Interest Accounts to be established in the Resolution of the Agency authorizing issuance of the Series 1988 Notes (the "Series 1988 Note Resolution"); (4) interest or other investment earnings of the Agency on the amounts in such accounts; (5) any and all revenues of the Agency from the operation of the System in excess of the expenses of maintenance and operation of the i System; and (6) funds from the sale, lease, condemnation award, or other disposition of the Interim Project or the Project. (K) It is necessary and in the best interests of the • City to enter into an Interim Project Use Agreement (the "Interim Agreement") with the Agency under which the Agency -3- • 1 I: will undertake the Interim Project and issue the Series 1988 Notes and the City will pay its proportionate share of the amounts necessary to pay principal of and interest on the Series 1988 Notes and any Additional Notes. (L) It is necessary and in the best interests of the • City to agree to pay not to exceed o of the principal of and interest on the Series 1988 Notes and any Additional Notes of the Agency (this limit not applying, however, to the "step up" provisions of Section 4.3 of the Interim Agreement) and to make an appropriation therefor. (M) The Series 1988 Note Resolution will provide that the Agency may issue additional contract revenue and bond anticipation notes (the "Additional Notes") from time to time in one or more series in an aggregate principal amount up to j $2,000,000 for the purposes, under the conditions and subject I. to the limitations contained in the Series 1988 Note Resolution. (The Series 1988 Notes and the Additional Notes are referred to collectively as the "Notes.") • (N) The City, by adopting the Interim Agreement, and the other Members, by adopting similar interim agreement, agree that they will be severally (and not jointly) liable for the principal of and interest on the Notes not paid from other funds of the Agency, except for the step up obligation provided in Section 4.3 of the Interim Agreement. The obligation of the City to make payments under the Interim Agreement is separate from the obligations of all other Members to make payments under their respective Interim Project Use Agreements and shall not in any respect be diminished or increased if any other Member or Members default in,their obligations under their respect ive.Interim Project Use Agreements, except for such step up obligation. (0) The obligations of the City under the Interim • Agreement are general obligations of the City to the payment of which its full faith and credit and its taxing power (unlimited -4- as to rate or amount) are pledged. Such obligations do not exceed any constitutional, statutory or other applicable limitation on debt. (P) The City is obligated under the Interim ' i • Agreement to pay its respective share of the costs of the Interim Project without set-off or counterclaim, irrespective of whether the Interim Project, the Project or the System is ever completed, made available or provided to the City and notwithstanding any suspension, interruption, interference, reduction or curtailment of the Interim Project, the Project or the System. (Q) The City is a home rule municipality under the terms of Article VII, Section 6 of the Illinois Constitution and may exercise any power and perform any function pertaining to its government and affairs. SECTION 2: Approval; Execution of Aqency Agreement. The City Council approves the form of the Agency Agreement presented to it at this meeting. • The City shall enter into the Agency Agreement establishing the Agency, and by executing the Agreement shall be a member of the • Agency. The City Manager is authorized and directed to execute the Agency Agreement on its behalf in substantially the form attached to this Ordinance as Exhibit 1 and made part of this Ordinance. SECTION 3: Designation of Members of Board of Directors. The City Council appoints Alderman Ann Rainey as the City's Director on the Board of Directors of the Agency and appoints City Manager Joel M. Asprooth as its Alternate Director, in each case for a term expiring April 30, 1991, or until his or her successor is appointed. SECTION 4: Approval; Execution of Interim Agreement. The City Council approves the form of the Interim.Agreement presented to it at this meeting. -5- • • The City Manager and City Clerk are authorized to execute the i Interim Agreement, in substantially the form attached to this Ordinance as Exhibit 2 and made a part of this Ordinance; provided that the City shall not pay more than o of the principal of and interest on the Notes (this limit not applying, however, to the step up provisions of Section 4.3 of the Interim Agreement). SECTION 5: Appropriations: This ordinance shall constitute an appropriation of the funds necessary to meet the City's obligations to make payments of its proportionate share of principal of and interest on the Notes under the Interim Agreement, which payments are to be financed from the proceeds of general obligation bonds to be sold. in 1990, if necessary. SECTION 6: Officers' Powers. The City Clerk of the,City is authorized and directed to send a certified copy of this Ordinance to each other municipality listed on the signature page of the Agency Agreement. The Mayor, City Clerk and City Manager of the City are authorized and directed to take whatever additional steps are necessary for the City to enter into the Agency Agreement and the Interim Agreement and to be a member of the Agency. SECTION 7: Effectiveness. Upon passage and approval, this Ordinance shall be in full force and effect ten days after publication as required by law. SECTION 8: All ordinances.or.parts of ordinances in conflict herewith are hereby repealed. Introduced:_ Z,1�10-tel [_ - 1988. Adopted: j%ZL!/,t v�(� 1988. Appr ed: b �� 1988. i -- (� Mayor • ATTEST: j City Clerk Approved as to form: orporat�ion Counsel