O-92-41F
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ORDINANCEr92 -41
AN ORDINANCE AMENDING THE INTERGOVERNMENTAL AGREEMENT
ESTABLISHING THE SOLID WASTE AGENCY OF LAKE COUNTY, ILLINOIS
AND CONSENTING TO THE VILLAGE OF TOWER LAKES AS AN ADDITIONAL
MEMBER OF THE SOLID WASTE AGENCY OF LAKE COUNTY, ILLINOIS
( SWALCO) WITH A REDUCED LATE FEE
WHEREAS, Section 5.3 of the Intergovernmental Agreement
establishing SWALCO contains provisions outlining how a Lake
County municipal corporation may become an Additional Member of
the Agency; and
WHEREAS, the Village of Tower Lakes, Illinois has requested
Additional membership in SWALCO pursuant to Section 5.3 of the
Intergovernmental. Agreement but wishes to avoid the payment, of a
late fee as described by that Section; and
WHEREAS, the Board of Directors of SWALCO has determined
that the purpose of the inclusion of the late fee in Section 5.3
was to encourage the participation of.municipalities to enter
into said Intergovernmental Agreement from the beginning and
prior to the expenditure or commitment of substantial public
indebtedness; and
WHEREAS, SWALCO has not yet committed to the expenditure of
substantial public indebtedness; and
WHEREAS, the inclusion. of the Village of Tower Lakes or
other municipal corporations would not substantially affect the
planning and implementation process of SWALCO at this point in
time;
ORDINANCE 92 -41
WHEREAS, Section 5.3 of the Intergovernmental Agreement
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makes no provision for the abatement or waiver of said late fee;
and
WHEREAS, Section 11 of the Intergovernmental Agreement
allows for the amendment of the Intergovernmental Agreement upon
written agreement of all Members, authorized by Ordinances
adopted by their corporate authorities;
NOW, THEREFORE, BE IT ORDAINED BY THE President AND
THE Board of Trustees OF THE Village of DeerfieldCounties of
,LAKE AND COOK, STATE OF ILLINOIS,AS FOLLOWS:
Section 1. The Village of:)Deerfield does hereby agree and
consent to the amendment of Section 5.3 of the Agreement
Establishing The Solid Waste Agency of Lake County, Illinois to
allow the Board of Directors of SWALCO to assess the equitable
late fee by the addition of the supplemental language as
contained in Exhibit A attached hereto.
Section 2. The Village of Deerfield does hereby agree and
consent for the Village of Tower Lakes to become an Additional
Member upon the payment of a late fee in the sum of Five hundred
fifty -nine and 33/100 Dollars ($559.33).
Section 3. That this Ordinance shall be forwarded to the
Secretary of SWALCO upon its certification.
PASSED AND APPROVED THIS 8th DAY OF September, 1992
AYES: Marovitz, Rosenthal, Seidman, Swanson, Swartz (5)'
NAYES: None (0)
ABSENT: Ehlers (1)
Pillage President
ATTEST:
Vi age Clerk
EXHIBIT A
5.3 (a) Any Illinois municipality which is listed on
Exhibit One which is attached to and made a part of this
Agreement and the County of Lake and which is not an Original
Member of the Agency, provided: (1) the corporate authorities of
said municipality or the County of Lake have adopted an ordinance
authorizing execution of this Agreement; (2) a majority of the
then Directors of the Agency has adopted an ordinance consenting
to the Additional Member; (3) the corporate authorities of a
majority of the then Members have adopted an ordinance consenting
to the Additional Member; (4) the Additional Member has accepted
any conditions imposed by the Agency under subparagraph (b); and
(5) the Additional Member has paid to the Agency its initial
contribution and a late fee. The late fee shall be determined at
the time the corporate authorities of the Additional Member
authorize by ordinance execution of this Agreement. The late fee
shall equal the population of the municipality as determined by
the most recent federal census as reported in Illinois Counties
and Municipalities, dated June 1, 1989 and published by the
Secretary of State of Illinois multiplied by: (i) Twenty -five
(25 ) cents, if the time of determination is less than thirty -one
(31) days after the Effective Date of this Agreement; (ii) Fifty
(50 ) cents, if the time of determination is greater than thirty
(30) days, but less than sixty -one (61) days after the Effective
Date of this Agreement; (iii) One ($1) Dollar if the time of
determination is greater than sixty (60) days, but less than
ninety -one (91) days after the Effective Date of this Agreement;
(iv) File ($5) Dollars if the time of determination is greater
than ninety (98) days, but less than one year and one day after
the Effective Date of this Agreement; (v) Ten ($10) Dollars if
the time of determination is greater than one year but less than
two years and one day after the Effective Date of this Agreement;
(vi) Fifteen ($15) Dollars, if the time of determination is
greater than two years, but less than three years and one day
after the Effective Date of this Agreement; and (vii) Twenty
($20) Dollars, if the time of determination is greater than three
years after the Effective Date of this Agreement; or such other
amount as the Board of Directors may so determine.
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