Loading...
HomeMy WebLinkAbout07-279 Resolution No. 07-279 RESOLUTION APPROVING THE AMENDED ARTICLES OF AGREEMENT OF THE NORTHERN ILLINOIS SPECIAL RECREATION ASSOCIATION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS,that the City of Elgin hereby approves the amended Articles of Agreement of the Northern Illinois Special Recreation Association, copies of which is attached hereto and made a part hereof by reference. s/Robert Gilliam Robert Gilliam, Mayor Pro Tern Presented: November 28, 2007 Adopted: November 28, 2007 Omnibus Vote: Yeas: 6 Nays: 0 Attest: s/Diane Robertson Diane Robertson, City Clerk ARTICLES OF AGREEMENT NORTHERN ILLINOIS SPECIAL RECREATION ASSOCIATION REVISED October, 2007 ARTICLES OF AGREEMENT between certain Park Districts duly and properly organized and operating pursuant to the provisions of"The Park District Code" and Municipalities duly and properly organized and operating pursuant to the"Illinois Municipal Code". WHEREAS: The Park Districts and Municipalities (hereinafter called Member District) desire to provide recreational programs for persons with disabilities and to share the expenses of such programs on a cooperative basis; and WHEREAS: Member Districts are authorized to enter into this agreement by Section 5-8 and 8-10.2 of the Park District Code and all laws amendatory thereof and supplementary thereto and by Article VII, Section 10 of the 1970 Constitution of the State of Illinois. NOW,THERFORE,IT IS AGREED AS FOLLOWS: I. For the purpose of this agreement, the Member Districts have collectively agreed to be known as NORTHERN ILLINOIS SPECIAL RECREATION ASSOCIATION (NISRA), hereinafter referred to as the"Association". II. The purpose of the Association shall be to provide comprehensive recreation programs for individuals with disabilities. III. Member Districts in the Association are: Barrington Park District Cary Park District Crystal Lake Park District Dundee Township Park District City of Elgin City of Harvard Hampshire Park District Huntley Park District Village of Lake in the Hills City of McHenry Marengo Park District Wauconda Park District City of Woodstock Other Districts and Municipalities may be admitted to membership by a majority vote of the Board of Directors of the Association upon conditions previously specified at time of entry. 1 IV. The Association shall have a Board of Directors, officers and an Executive Director, all as provided in the ByLaws of the Association attached hereto,made a part thereof, and hereby approved by Member Districts. V. Any approval or consent required of a Member District under this agreement shall be by the affirmative vote of a majority of the Village Board or City Council or Board of Commissioners of the Member District, except where herein otherwise specified. VI. Member Districts agree to make available to the Association their recreational areas, and facilities, at such time and such manner as may be mutually agreed upon between the Association and Member Districts or the Association Executive Director and the appropriate administrative office of Member Districts. VII. The Board of Directors of the Association may establish fees for the participation of people with disabilities in the Association programs. VIII. The Board of Directors of the Association may obtain funds from other organizations, in accordance with the provisions of the Park District Code and Illinois Municipal Code as amended,to assist in the best possible service to the special populations within the Association's area at the lowest possible cost to participants. IX. The Association shall provide public liability insurance and non-ownership automobile insurance in a single limit as deemed necessary for bodily injury and property damage and such other insurance as needed or deemed necessary by law. The Association shall cause the Treasurer of the Association, and all personnel participating in the Association program who handle money to be bonded in an amount as determined by the Board of Directors of the Association. X. The Association shall act as its own employer. The Association shall administer its own payroll throughout the year. XI. The Association shall provide, at its own costs, an annual audit prepared by an auditor selected by the Board of Directors consistent with acceptable accounting practices and the laws of the State of Illinois. A copy of said audit shall be distributed to each Member District within 90 days of the completion of the audit. XII. The Board of Directors shall approve all changes and additions to the Policy Manual of the Association. All of the Association employees shall be under direct supervision of the Executive Director. 2 XIII. Annual Assessment of Each Member District A. Annual member district dues of each district shall be determined by applying a rate not to exceed$0.0175 to each member districts' equalized assessed valuation from the previous taxing year. EXAMPLE: FY06/07 MEMBER DIST. 2004 EO. ASSESSED VALUE RATE DISTRICT DUES A 500,000,000 $0.0175 $87,500 B. A new district joining NISRA shall apply to its most recent equalized assessed value to the rate charged to the current member districts at the time of membership approval to determine the new district's member district dues for the first year. XIV. Voluntary or Involuntary Withdrawal of Member District A. Voluntary Withdrawal: Notwithstanding anything to the contrary, any Member District may voluntarily withdraw from this Joint Agreement by so notifying the Board of Directors of its decision in writing,no later than February ls`of any fiscal year and, in such event, voluntary withdrawal shall be effective as of April 30`h of the next ensuing fiscal year. Any and all liability and privileges of the withdrawing Member District shall cease as of said April 30t date except for liabilities incurred by the Association prior to said date. B. Involuntary Withdrawal: If any Member District fails to abide of the provisions, or shall be in default of any provision of the Agreement, any such Member District may be involuntarily declared withdrawn from membership in the Association and as a party to the Agreement as follows: The Board of Directors shall give at least ten(10) days written notice to the allegedly defaulting Member District which notice shall specify the ground or grounds for such declaration of withdrawal and shall set a certain date and a time and a place for a hearing before the Board of Directors as to the proposed declaration of involuntary withdrawal. The defaulting Member District shall be permitted to appear at said hearing and to submit testimony and evidence as to why it should not be involuntarily withdrawn from membership in the Association and as a party to the Agreement. After conclusion of said hearing and upon resolution duly passed by the affirmative vote of at least 2/3rds of the members of the Board of Directors, a defaulting Member District may be declared to have been involuntarily withdrawn from membership in the Association and as a part of this Agreement. The reasons for such declaration of the withdrawal shall be set forth in the Declaration passed by the Board of Directors. Such involuntary withdrawal shall not become effective, however, until April 30th of the next ensuring fiscal year unless a different date shall be mutually agreed by the Association and the Member District declared to have deemed to be withdrawn as aforesaid. In any events, such withdrawing Member District shall 3 continue to be responsible for any and all liabilities incurred while a Member under this Agreement and until the effective date for withdrawal as provided in the Agreement. C. Upon a withdrawal of a Member District as a member District under this Agreement,whether voluntarily or involuntarily, such withdrawing Member District shall have no further claim or right of interest whatsoever to any of the assets or properties of the Association. XV. Dissolution In the event that the term of these Articles of Agreement shall hereafter expired because there should be withdrawals of Member Districts hereunder so that at least two Member Districts no longer remain to operate under the terms of this Agreement, or in the event the Board of Directors hereunder shall unanimously vote to dissolve the Association, then this Agreement shall be deemed terminated and the assets of the Association shall be distributed among the Member Districts which are Members hereunder immediately prior to such termination occurring. Such distribution, to be in accordance with an equitable formula based in part by the contributors determined by as 2/3rds vote of the then Members of the Board of Directors as constituted immediately prior to such termination occurring. In no event, however, shall any such distribution of assets be made until all of the debts and liabilities of the Association shall be paid, satisfies or discharges or adequate provision acceptable to all creditors otherwise be made thereof. XVI. Amendments The terms of these Articles of Agreement may be altered, amended or repealed, or new Articles of Agreement may be adopted, by a vote of 2/3rds of the Member Districts. XVII. The Agreement shall become effective September 4, 1991, and shall continue for a period of 3 years thereafter shall be automatically renewed for additional 3 year periods unless 1/3 of the Member Districts notify the Board of Directors of their request of a complete revision of the Articles of Agreement. Said request will need to be received by the Board of Directors on or before January 1 of the third year of the agreement. The provision shall not apply to amendments or revisions of less than total agreement. IN WITNESS WHEREOF, each Member District has caused this Agreement to be executed by its President or Mayor and attested to by its Secretary pursuant to resolution of the Board of Park Commissioners or City Council of the Member District. District/City/Village Name of authorized signer-Mayor Attest I _ _ 1Jcvm...\oel OS,200-3 uthorized signature Date 4 a r ?ry t November 9, 2007 TO: Mayor and Members of the City Council FROM: Olufemi Folarin, City Manager / nrat!7orr,rr.Lti.nne.:!rl Randy Reopelle, Parks and Recreation Director O,'p>r!„,n!,r}tot •{110t,_,11, SUBJECT: Northern Illinois Special Recreation Association's Articles of Agreement Amendment PURPOSE The purpose of this memorandum is to provide the Mayor and members of the City Council with information to consider an amendment to the Northern Illinois Special Recreation Association's Articles of Agreement. RECOMMENDATION It is recommended that the City Council approve the proposed amendment to the Northern Illinois Special Recreation Association's Articles of Agreement. BACKGROUND In the fall of 2005, the City of Elgin joined the Northern Illinois Special Recreation Association (NISRA) for the purpose of providing recreation programs and services to the residents of Elgin that have disabilities. Since that time, NISRA has done a good job of offering high quality and diverse programs and activities to the City's disabled population. Membership dues in NISRA are based on a levy rate of.0175 times each community's Equalized Assessed Valuation (EAV). This levy rate has been in place for three years. The NISRA Board of Directors, of which Parks and Recreation Director Randy Reopelle is a member, is currently working on next year's budget. It appears that they will be able to lower this levy rate and still be able to fund NISRA adequately. However, to lower the levy rate, the Articles of Agreement need to be amended. Currently, the Articles of Agreement specifically identifies the levy rate as "$0.0175". The proposed amendment would change the wording to "a rate not to exceed $0.0175". This change of wording would allow the Board of Directors to lower the levy rate, which they would like to do for the next fiscal year. NISRA Articles of Agreement Amendment November 9, 2007 Page 2 The Board of Directors has not yet determined how much the levy rate will be for NISRA's upcoming fiscal year - May 1 to April 30 in that they want to wait until the end of the third quarter and review the financial reports before making a final decision. COMMUNITY GROUPS/INTERESTED PERSONS CONTACTED None FINANCIAL IMPACT There is no direct financial impact from the proposed amendment to the Articles of Agreement. A combination of both the levy rate and equalized assessed valuation determines the City's annual contribution to be a member of NISRA. The City's membership dues for the 2006/2007 and 2007/2008 fiscal years were $315,992 and $339,406 respectively. LEGAL IMPACT None ALTERNATIVES 1. The Council may choose to approve the amendment to the Northern Illinois Special Recreation Association's Articles of Agreement. 2. The Council may choose not to approve the amendment to the Northern Illinois Special Recreation Association's Articles of Agreement. Respectfully submitted for Council consideration. rr attachment(s)