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HomeMy WebLinkAbout08-142 Resolution No. 08-142 RESOLUTION APPROVING AN AMENDMENT TO THE ARTICLES OF AGREEMENT FOR 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 an amendment to the Northern Illinois Special Recreation Association's Articles of Agreement which will reinstate the requirement of receiving member district approval for the annual budget,a copy of which is attached hereto and made a part hereof by reference. s/Ed Schock Ed Schock, Mayor Presented: June 11, 2008 Adopted: June 11, 2008 Omnibus Vote: Yeas: 6 Nays: 0 Attest: s/Diane Robertson Diane Robertson, City Clerk NISRA Articles of Agreen tent Amendment May 22,2008 Page 3 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 of erating pursuant to the"Illinois Municipal Code". WHEREAS: The Park Districts and Mi inicipalities (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 al, laws amendatory thereof and supplementary thereto and by Article VII, Section 10 of the 19'70 Constitution of the State of Illinois. NOV1, THERFORE,IT IS AGREED AS FOLLOWS: I. For the purpo.;e 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 uf the Association shall be to provide comprehensive recreation programs for individuals with disabilities. III. Member Dist ids in the Association are: Barrington P,irk District Cary Park Di strict Crystal Lake Park District Dundee Township Park District City of Elgin City of Hary ird Hampshire Park District Huntley Parl:District Village of Like in the Hills City of McHenry Marengo Pak District Wauconda F ark District City of Woc dstock 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. NISRA Articles of Agreement Amendment May 22, 2008 Page 4 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. NISRA Articles of Agree)nent Amendment May 22, 2008 Page 5 XII. Annual Member District Dues and Budget Approval A. Annual r lember district dues of each district shall be determined by applying a rate not 1 o exceed$0.0175 to each member districts' equalized assessed valuation from the previous taxing year. EXAMP LE: FY06/07 MEMBER DIST. 2004 EQ. 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. C. The NIt RA annual budget shall be prepared by the Executive Director and Finance Committee for the approval of the Board of Directors. Once approved by the f•oard of Directors, the budget must be ratified by an affirmative vote of two-thii ds of the member districts. XIII. 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 c f Directors of its decision in writing, no later than February 191 of any fiscal y';ar and, in such event, voluntary withdrawal shall be effective as of Apri131)h of the next ensuing fiscal year. Any and all liability and privileges of the withdrawing Member District shall cease as of said April 306 date except for liab_lines incurred by the Association prior to said date. B. Involur tary 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 hear ng 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 NISRA Articles of Agreement Amendment May 22,2008 Page 6 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 B. 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 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. XIV. 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. XV. 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. NISRA Articles of Agreement Amendment May 22, 2008 Page 7 XVI. 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. Cdr; 442jotd District/City/Village Name — Name of authorized signer ../80,080 Authorizes signature Date *L.V Aort5-,:ft: May 22, 2008 = TO: Mayor and Members of the City Council - FROM: Olufemi Folarin, City Manager Randy Reopelle, Parks and Recreation Director SUBJECT: Amendment to Northern Illinois Special Recreation Association's Articles of Agreement PURPOSE The purpose of this memorandum is to provide the Mayor and members of the City Council with information to consider an amendment to Northern Illinois Special Recreation Association's (NISRA) Articles of Agreement. RECOMMENDATION It is recommended that the City Council approve the amendment to NISRA's Articles of Agreement which will reinstate the requirement of receiving member district approval for NISRA's annual budget. BACKGROUND In November of 2005, the City of Elgin joined the NISRA for the purpose of providing recreation programs and services to residents with disabilities. Since that time, NISRA has done a good job of offering a wide variety of recreational activities for Elgin's residents with disabilities. Recently the Village of Lake in the Hills joined NISRA, which increased the number of member communities to thirteen. In April of 2006, an amendment was made to the NISRA Articles of Agreement which eliminated the Board of Trustees. In the process of making this amendment, the requirement to have the member communities approve the annual budget was mistakenly eliminated. Since that time, the annual budget approval process has remained the same in that each member community has continued to consider and approve the budget. This amendment is being proposed so the Articles of Agreement reflect the actual budget approval process that has been in place. COMMUNITY GROUPS/INTERESTED PERSONS CONTACTED None I NISRA Articles of Agreement Amendment May 22, 2008 Page 2 FINANCIAL IMPACT None LEGAL IMPACT None ALTERNATIVES 1. The Council may choose to approve the proposed amendment to NISRA's Articles of Agreement. 2. The Council may choose not to approve the proposed amendment to NISRA's Articles of Agreement. Respectfully submitted for Council consideration. rr attachments