OFFICE OF THE MAYOR
CITY OF CHICAGO
RAHM EMANUEL MAYOR
July 30, 2014
TO THE HONORABLE, THE CITY COUNCIL OF THE CITY OF CHICAGO
Ladies and Gentlemen:
At the request of the Commissioner of Aviation, I transmit herewith together with Alderman Patrick O'Connor, an ordinance amending an intergovernmental agreement relating to the O'Hare Noise Compatibility Commission.
Your favorable consideration of this ordinance will be appreciated.
Mayor
Very truly yours,
ORDINANCE
WHEREAS, The City of Chicago (the "City") 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 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 amended by an ordinance adopted on October 30, 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 02010-3886 adopted on September 8, 2010, and published in the Journal of such date at pages 99104-99116, and as further amended by Ordinance 02010-6949 adopted on January 13, 2011, as published in the Journal of such date at pages 110759-110772; (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 "Intergovernmental Agreement") by and among the City and various municipalities and public school districts; and
WHEREAS, The O'Hare Noise Compatibility Commission (the "O'Hare Commission") was established pursuant to the Intergovernmental Agreement and provides a common forum for interested parties to have a voice in the noise issues related to the Airport; and
WHEREAS, The City desires to amend the Intergovernmental Agreement to authorize the addition of a new participant appointed by the Mayor of the City of Chicago to represent the 40th Ward of the City of Chicago (a "Chicago Ward Participant"); 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 of the City (the "Commissioner") is hereby authorized to execute an amendment to the Intergovernmental Agreement substantially in the form attached hereto as Exhibit A (the "Amended Intergovernmental 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 Intergovernmental Agreement. The Amended Intergovernmental Agreement shall become effective upon passage and approval of this ordinance and upon associated approval of the Amended Intergovernmental Agreement as specified in Section 5.H. of the Amended Intergovernmental Agreement.
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SECTION 3. The Commissioner shall provide notice of the amendments to the Intergovernmental Agreement proposed by this ordinance to each Participant of the O'Hare Commission as provided in Section 5.H. of the Amended Intergovernmental 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.
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EXHIBIT A
INTERGOVERNMENTAL AGREEMENT RELATING TO THE O'HARE NOISE COMPATIBILITY COMMISSION
This agreement 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 Participants, 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. Establishment of O'Hare Commission; Purposes.
The O'Hare Noise Compatibility 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 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, 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, (iv) one member appointed by the Chairman of the DuPage County Board representing the unincorporated areas of Addison Township in DuPage County, and (v) six members appointed by the Mayor of the City of Chicago to represent Wards 36, 38, 39, 40, 41 and 45 of the City of Chicago ("Chicago Ward Participants"), 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 31, 2010 or pursuant to section 5.G, except that the Chicago Ward Participants shall be eligible to participate as individual member Participants of the O'Hare Commission upon approval and execution of this Agreement by the City.
B The O'Hare Commission Area (as defined in Appendix B) includes communities 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 communities and public school districts to work together with the City on a cooperative basis in addressing these issues.
C. Representatives of the Archdiocese of Chicago, the Diocese of Joliet and other non-governmental elementary and secondary schools located in the O'Hare Commission Area
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may 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.
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D. The O'Hare Commission shall elect annually from its members a Chair and a Vice Chair and any other officers that it deems necessary. The O'Hare Commission also 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 any staff and the selection of professional advisors and consultants must be approved by two-thirds of the members of the O'Hare Commission.
j E. Except as expressly set forth in this Agreement, the concurrence of a majority of
i the members of the O'Hare Commission shall be necessary for the approval of any action by the O'Hare Commission. A majority of the members of the O'Hare Commission shall constitute a quorum for the transaction of business. 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' written notice to the City, each 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:
- A majority of the members of 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.
- 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 and the implementation of FAA standard noise abatement, take-off 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.
- 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.
- 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
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the City, and (iii) any recommendations 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, flight track data for O'Hare and/or Midway Airports ("Data") provided by the FAA's Chicago Terminal Approach Control ("TRACON") facility 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 Participants, representatives, agents, employees, consultants and 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 Participants, 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 Participants, 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 Participants, 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.
- The O'Hare 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 following its first full fiscal year. The O'Hare Commission's current expense budget of $256,000 shall be paid by the City. Thereafter, the O'Hare Commission's expense budget shall be evaluated annually.
- 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 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 rules for the conduct of its meetings consistent with powers enumerated herein.
- 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 permitted by law. The accounts of the O'Hare Commission shall be subject to an annual audit by a qualified independent public accountant.
- The powers and duties of the O'Hare Commission shall be limited to those expressly set forth in this section.
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Section 4. Term of Agreement.
- This Agreement shall be effective January 1, 2011, and shall terminate on December 31, 2015 unless otherwise terminated with the written 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 any Participant which wishes to extend the term of the Agreement. If any Participant 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 Participant, the O'Hare Commission may terminate the defaulting Participant's participation as a party to this Agreement. A material default by a Participant shall include, but is not limited to, the failure of its authorized representative or alternate to attend three or more consecutive meetings of the O'Hare Commission.
- Any Participant 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 Participant's legislative body authorizing such withdrawal. Following its withdrawal 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.
- The City may terminate this Agreement at any time after January 1, 2011, upon 180 days prior written 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 shall terminate.
Section 5. Miscellaneous.
A. All notices hereunder shall be in writing and shall be given as follows:
If to the City, to: Commissioner
Chicago Department of Aviation 10510 W. Zemke Road Chicago, IL 60666
Tel.: (773) 686-2200 Fax: (773) 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, in the case of Chicago Ward Participants, to such telephone and facsimile numbers as they may provide to the O'Hare Commission, and if to an Advisory Member, to the address provided to the O'Hare Commission by such Advisory Member.
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All notices shall be effective upon receipt. Notices given by fax shall be confirmed by mailing a copy thereof, first class postage prepaid. Any Participant may change the address or addresses for notices to be sent to it by giving notice to the O'Hare Commission.
- No Participant may assign its rights or obligations under this Agreement without the prior written consent of the City and the other Participants.
- 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 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 a Noise Compatibility Program or a Noise Compatibility Project by the City, another Participant or another Governmental Unit. The City's financial obligations under this Agreement are limited to legally available airport revenues. Neither the City nor any Participant shall be liable for any expenditures, indebtedness or other financial obligations incurred by the Commission unless the City or such Participant 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.
- This Agreement 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. Appendices A and B are incorporated herein and made a part of this Agreement.
- 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 Participant, 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 January 1, 2011 shall not require the consent of the O'Hare Commission, the City or any participant.
- This Agreement shall be governed and construed in accordance with Illinois law.
- Any municipality, public school district or county located in the O'Hare Commission Area that does not become a Participant prior to January 1, 2011 may thereafter become a Participant upon (i) the approval of the City and a majority of the O'Hare Commission as set forth in Section 2.E and (ii) execution of a counterpart of this Agreement.
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- The approval of two-thirds of the Participants, and the approval of the City, shall be required to amend this Agreement. Notice of any proposed amendment shall be mailed to each Participant 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
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be effective on all parties hereto when counterparts are executed by the City and two-thirds of the Participants.
Executed as of this day of , 2014.
CITY OF CHICAGO
By:
Commissioner
Chicago Department of Aviation
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By:
Authorized Officer
Address:
(Name of Governmental Unit or Other Entity)
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APPENDIX A
Implementation of Noise Compatibility Projects
In connection with the development and implementation of noise compatibility projects in the O'Hare Commission Area, the City and the O'Hare Commission shall have the following duties and responsibilities:
- 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 related airport revenues (Airport Improvement Program grants, Passenger Facility Charges ("PFC"), 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.
- 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 Participant and other Governmental Unit 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 Participant 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.
- 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.
- 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 of Chicago 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.
- Noise Compatibility Projects outside the City of Chicago may be implemented through Participants and other Governmental Units located in the O'Hare Commission Area. A Governmental Unit may request that the City undertake a Noise Compatibility Project within
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such Governmental Unit's 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. The City shall provide administrative support and professional and technical assistance to the O'Hare Commission, each Participant and all other Governmental Units 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. All procurement activities related to Noise Compatibility Projects shall be undertaken in accordance with applicable law.
- 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 mitigation projects, so as to maximize the availability and impact of the City's financial contribution to noise mitigation projects in the O'Hare Commission Area.
- The City shall install and maintain a permanent noise monitoring system {the "System") at and around O'Hare Airport. 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 noise issues, and monitoring trends in aircraft noise.
- 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.
- 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 Noise 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 $150,000 per year, adjusted annually for inflation.
- The System shall include a minimum of 33 monitoring sites in the O'Hare Commission Area, plus such number of additional permanent monitoring sites as may agreed upon by the City and the O'Hare Commission.
- The correlated data collected by the System shall be made available by the City to the O'Hare Commission and any Participant that requests such data. The City shall provide
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reports to the O'Hare Commission and each Participant based on the data collected by the System.
(5) 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, information generated by the System in violation of Section 3.A(5) of this Agreement.
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APPENDIX B
Definitions
Whenever used in this Agreement, the following terms shall have the following meanings:
"Advisory Member " means an authorized representative of the Archdiocese of Chicago, the Diocese of Joliet or any other non-governmental elementary and secondary school located in the O'Hare Commission Area who shall serve as a special advisory member of the O'Hare Commission as provided in Section 2.C, but who shall have no voting powers on the O'Hare Commission and shall not be parties to the Agreement.
"City" means the City of Chicago. The Commissioner of the Chicago Department of Aviation or his or her designee (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 the Chicago Department of Aviation or his or her designee (or any successor thereto) for purposes of this Agreement, except as otherwise set forth in this Agreement.
"FAA " means the Federal Aviation Administration or any successor agency.
"Governmental Unit" means a county, 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 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 voluntary on the part of the relevant property owner.
"O'Hare" means Chicago O'Hare International Airport.
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"O'Hare Commission" means the O'Hare Noise Compatibility Commission established pursuant to this Agreement and having the composition set forth in Section 2 of this Agreement.
"O'Hare Commission Area" means the area in the vicinity of O'Hare with an interest in O'Hare-related aircraft noise issues, which area includes but is not limited to the following municipalities and Governmental Units: (i) the City of Chicago, Arlington Heights, Bartlett, Bellwood, Bensenville, Des Plaines, Elmwood Park, Franklin Park, Harwood Heights, Hoffman Estates, Itasca, Maywood, Melrose Park, Mount Prospect, Niles, Norridge, Northlake, Oak Park, Palatine, Park Ridge, River Forest, River Grove, Rolling Meadows, Rosernont, Schaumburg, Schiller Park, Stone Park and Wood Dale; (ii) the unincorporated areas of Leyden, Maine, Niles and Norwood Park Townships in Cook County and the unincorporated areas of Addison Township in DuPage County; (iii) Districts 59, 63, 64, 80, 81, 84, 84.5, 85.5, 86, 87, 88, 89, 214, 234, 299 and 401. Municipalities and public school districts may be added to the O'Hare Commission Area as provided in Section 5.G.
"Part 150 Plan" means a noise abatement and land use compatibility plan developed pursuant to 14 CFR Part 150, or any successor provision.
"Participant" 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, "Participant" shall include the Chicago Ward Participants as set forth in Section 2.A.(v) of this Agreement, who shall be eligible to participate as individual member Participants on the O'Hare Commission upon approval and execution of this Agreement by the City.
"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 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 and sound insulation funding 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.
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