OFFICE OF THE MAYOR
CITY OF CHICAGO
LORI E. LIGHTFOOT
MAYOR
December 16, 2020
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 an ordinance authorizing the renewal of an intergovernmental agreement with the Midway Noise Compatibility Commission.
Your favorable consideration of this ordinance will be appreciated.
Very truly yours.
ORDINANCE
WHEREAS, The City ofChicago (the "City") is a home rule municipality pursuant to Section 6 of Article VII 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 Midway International Airport ("Midway"); and
WHEREAS, Pursuant to authority granted by (a) an ordinance adopted by this City Council on February 7, 1996, and published in the Journal ofthe Proceedings ofthe City Council of the City ofChicago, Illinois (the "Journal") of such date at pages 15381-15392, as amended by an ordinance adopted on September 14, 2005, and published in the Journal of such date at pages 55205-55207, as further amended by Ordinance Number 02010-5920 adopted on November 17, 2010, and published in the Journal of such date at pages 107924-107935, as further amended by Ordinance Number 02015-7376 adopted on November 18, 2015, and published in the Journal on such date at pages 13617-13628; (b) Section 10 of Article VII ofthe Illinois Constitution; and (c) the Intergovernmental Cooperation Act (5 ILCS 220/1 et seq.), the City entered into an intergovernmental agreement relating to the Midway Noise Compatibility Commission (the "Agreement") by and among the City and various municipalities and Cook County; and
WHEREAS, The Midway Noise Compatibility Commission (the "Midway Commission") was established pursuant to the Agreement and provides a common forum for interested parties to have a voice in the aircraft noise issues related to Midway; and
WHEREAS, 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 ofChicago:
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 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 6.FI. of the Amended Agreement. ';
SECTION 3. The Commissioner shall provide notice of the amendments to the Agreement proposed by this ordinance to each Member ofthe Midway Commission as provided in Section 6.FI. ofthe Amended Agreement.
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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.
INTERGOVERNMENTAL AGREEMENT RELATING TO THE MIDWAY NOISE COMPATIBILITY COMMISSION
This agreement, effective January 1, 2021, succeeds the previous agreement that was approved by the Chicago City Council and which went into effect on January 1, 2016, which expires under its own terms on December 31, 2020. It is entered into by the City of Chicago, a municipality and home rule unit of government underthe Illinois Constitution of 1970, by and through the Chicago Department of Aviation, and the undersigned Members, organized underthe 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:
Section 1. Establishment of Midway Commission; Purposes.
The Midway Noise Compatibility Commission ("Midway Commission") is hereby established pursuant to Section 10 of Article VII ofthe Illinois Constitution of 1970 and the Intergovernmental Cooperation Act. The puiposes of the Commission are to: (a) determine certain Noise Compatibility Projects and Noise Compatibility Programs to be implemented in the Midway Commission Area; (b) oversee an effective and impartial noise monitoring system; (c) advise the City concerning Midway-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: "Alternate" means a Designee's substitute.
"City" means the City ofChicago. 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 and other appointees by the Mayor ofthe City ofChicago for the City, or the chief elected officer for a county.
"FAA "means the Federal Aviation Administration or any successor agency.
"Member" means, at any time, each city, town, village, or county located in the Midway Commission Area that has executed a counterpart of this Agreement on the basis set forth in this Agreement, other than the City.
'Midway" means Chicago Midway International Airport.
"Midway Commission Area " means the area in the vicinity of Midway with an interest in Midway-related aircraft noise issues, which area includes but is not limited to the following municipalities and counties (which shall represent their respective residents in unincorporated areas): (i) the City ofChicago, Bedford Park, Bridgeview, Burbank, Cicero, Forest View, Lyons, Stickney, and Summit; and (ii) Cook County. Municipalities may be added to the Midway Commission Area as provided in Section 6.G.
"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 Midway Commission Area as determined by the Midway Commission in cooperation with the City.
"Noise Compatibility Projects" means the noise compatibility projects (including administrative costs) in the Midway 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 Midway Commission in cooperation with the City based on criteria adopted by the Midway 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 ofa Noise Compatibility Project shall be voluntary on the part of the relevant property owner.
"Part 150 Plan" means a noise abatement and land use compatibility plan developed pursuant to 14 CFRPart 150, or any successor provision.
"Residential Sound Insulation Program " means the program determined by the Midway Commission in cooperation with the City to provide sound insulation to homes in the Midway Commission Area that are affected by Midway-related aircraft noise, and that are eligible for sound insulation pursuant to FAA guidelines and regulations and eligibility criteria established by the Midway Commission in cooperation with the City, and for which there is available funding.
"School Sound Insulation Program " means the program determined by the Midway Commission in cooperation with the City to provide sound insulation to schools in the Midway Commission Area that are affected by Midway-related aircraft noise, and that are eligible for sound insulation pursuant to FAA guidelines and regulations and eligibility criteria established by the Midway Commission in cooperation with the City, and for which there is available funding.
Section 3. Composition and Organization.
In order for a person to participate as a Designee, the municipality or county represented by such person must have approved and executed a counterpart of this Agreement by February 28, 2021, or pursuant to Section 6.G. of this Agreement.
The Midway Commission shall consist of: (i) the chief elected officer or other Alternate of each ofthe municipalities and counties in the Midway Commission Area; and (ii) ten individuals appointed by the Mayor of the City ofChicago, provided that the tenth individual
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appointed by the Mayor of the City ofChicago shall always be the Commissioner of Aviation, representing the City in an ex officio capacity, or his or her Alternate. An individual may serve as a Designee or an Alternate for only one Member, except that the City appointees, other than the Commissioner of Aviation, shall not have an Alternate.
The Midway Commission Area includes municipalities and counties with an interest in Midway-related noise issues, and a principal purpose of this Agreement is to provide a forum for those municipalities and counties to work together with the City on a cooperative basis in addressing these issues.
The Midway Commission shall elect annually from its Designees or Alternates a Chairman and a Vice-Chairman and any other officers that it deems necessary.
Unless otherwise specified in the bylaws, a majority ofthe Members of the Midway Commission shall constitute a quorum for the transaction of business. Except as provided for in Section 6.H., a concun-ence ofa simple majority ofthe quorum shall be necessary for the approval of any action by the Midway Commission. The Midway 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 two Members ofthe Midway Commission upon at least seven days' written notice to the City and each Member.
Section 4. Midway Commission Powers and Duties.
A. The Midway Commission shall have the following duties and powers:
The Midway Commission shall determine certain Noise Compatibility Programs and Noise Compatibility Projects to be implemented in the Midway 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.
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The Midway Commission may make recommendations to the City regarding noise reduction programs at Midway 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 ofthe Midway Commission. The Midway Commission also shall cooperate with the City in seeking agreements with the airlines using Midway and the FAA, as appropriate, with respect to aircraft noise mitigation and related matters.
The Midway Commission may advise the City'concerning any Part 150 Plan concerning Midway. The City shall not submit any such plan or any subsequent revision proposed by the City to the FAA without allowing the Midway Commission 60 days to review it and submit written recommendations to the City for consideration.
The Midway Commission may request and, except as set forth below, the City shall provide full access to all publicly available documents relating to: (i) any Midway noise monitoring, (ii) any Midway-related Noise Compatibility Project proposed or undertaken in whole or in part by the City, and (iii) any recommendations or submissions to the FAA by the City related to airport noise mitigation related lo Midway. 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 Midway Commission an opportunity to confer with it in an attempt to reduce the request to manageable proportions.
Neither the Midway 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 Midway and/or Chicago O'Hare 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 Midway 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 Midway 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 Midway 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 Midway 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.
The Midway 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 Midway Commission from the City shall be used for legal services or other costs in connection with any action by the Midway Commission against the City, its officers or employees, or any airline using Midway, 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 Midway Commission. Members shall promptly provide to the City copies of 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 Midway Commission.
The Midway Commission shall adopt bylaws for the conduct of its meetings consistent with the powers enumerated herein.
B. A record of proceedings and documents of the Midway Commission shall be maintained, which shall be available for inspection by the City, each Member, and the public as permitted by law. The accounts ofthe Midway Commission shall be subject to an annual audit by a qualified independent public accountant.
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1 C. The powers and duties of the Midway Commission shall be limited to those expressly set forth in this Section and in Appendix A of this Agreement.
Section 5. Term of Agreement.
This Agreement shall be effective January 1, 2021, and shall terminate on December 31, 2025, unless otherwise terminated with the written consent ofthe 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 ofthe 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 Midway Commission notifies the Member, the Midway 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 of its Designee or Alternate' to attend three or more consecutive Regular Meetings of the Midway Commission.
Any Member may withdraw as a Member of the Midway Commission at any time by providing 60 days advance written notice of its intent to withdraw to the City and the Midway 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 Midway 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 Midway Commission.
The City may terminate this Agreement at any time after January 1, 2021, upon 180 days prior written notice to each Member. Following the City's termination of this Agreement, the rights and obligations of each party to this Agreement shall terminate.
Section 6. 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 10510W. 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 City appointees, to such addresses and telephone numbers as they may provide to the Midway Commission. Members may provide an e-mail address for purposes of receiving notices.
All notices shall be effective upon receipt by U.S. mail or e-mail. Any Member may change the address or addresses for notices to be sent to it by giving notice to the Midway Commission.
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No Member may assign its rights or obligations under this Agreement without the prior written consent ofthe City and the other Members.
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 witli this Agreement or the implementation ofa 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 Midway Commission unless the City or such Member has affirmatively agreed to incur such expenditure, indebtedness, or financial obligation.
This Agreement and the bylaws authorized in Section 4.A.(7) constitute 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 is 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 counteipart 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 or county located in the Midway Commission Area prior to February 28, 2021, shall not require the consent of the Midway Commission, the City, or any Member.
This Agreement shall be governed and construed in accordance with Illinois law.
Any municipality located in the Midway Commission Area that does not become a Member prior to February 28, 2021, may thereafter become a Member upon: (i) the approval of the City and a majority of the Midway Commission as set forth in Section 3.E. of this Agreement; and (ii) execution ofa counteipart of this Agreement. The Mayor ofthe City of Chicago shall be entitled to appoint one additional individual to the Midway Commission for each additional Member of theMidway Commission that is added from outside the City as the result of this Section 6.G.
Fl. The approval ofthe City and two-thirds ofthe Members shall be required to amend this Agreement. Notice of any proposed amendment shall be transmitted to each Member at least ten days prior to the meeting of the Midway 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.
|1010|Executed as of this day of . 2020.
CITY OE CHICAGO
By:
Commissioner
Chicago Department of Aviation
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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 Midway Commission Area, the City and the Midway Commission shall have the following duties and responsibilities:
The Members ofthe Midway Commission shall direct the further development of the Noise Compatibility Programs for the Midway Commission Area. The Members of the Midway 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 Midway 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 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 Midway 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 cany out the purposes of this Appendix A.
The detennination of eligibility to participate in a Noise Compatibility Program or receive a Noise Compatibility Project is not to be construed as an admission or detennination of negative impact by aircraft noise or of liability for damages or any other injuiy relating to aircraft noise on the part of the City or the Midway Commission.
In the event they are determined to be eligible for participation in a Noise Compatibility Program, property owners in the Midway 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.
Noise Compatibility Projects outside the City may be implemented through Members and other municipalities and counties located in the Midway 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 ofthe 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 Midway Commission Area. The City shall provide administrative support and professional and technical assistance to the Midway Commission, each Member, and all other municipalities and counties located in the Midway Commission Area in connection with the operations ofthe Midway 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 Midway 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 Midway Commission may expend any such grants for purposes consistent with this Appendix A. The City and the Midway 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 Midway Commission Area.
The City shall install, operate, and maintain a pennancnt noise monitoring system ("System") at and around Midway. The puiposes ofthe System include validation of the FAA-approved noise contour for Midway, assisting in detennining the eligibility and priority of proposed Noise Compatibility Projects for schools, enhancing public understanding of aircraft 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 Midway Commission to operate and maintain the System pursuant to an agreement between the City and the System Operator.
At the request of the Midway 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 selected by the City with the input of the Midway Commission.
The System shall include a minimum of 13 monitoring sites in the Midway Commission Area, plus such number of additional permanent monitoring sites as may be agreed upon by the City and the Midway Commission.
The data collected by the System shall be made available by the City to the Midway Commission and any Member that requests such data. The City shall provide reports to the Midway Commission and any Member based on the data collected by the System.
Neither the Midway 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.