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HomeMy WebLinkAboutS1-25 Ordinance No. S I-25 AN ORDINANCE AUTHORIZING AN INTERGOVERNMENTAL AGREEMENT BETWEEN THE VILLAGE OF HAMPSHIRE AND THE CITY OF ELGIN REGARDING JURISDICTIONAL BOUNDARIES BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that David J. Kaptain, Mayor, and Kimberly A. Dewis, City Cierk, be and are hereby authorized and directed to execute an Intergovernmental Agreement on behalf of the City of Elgin with the Village of Hampshire regarding jurisdictional boundaries, a copy of which is attached hereto and made a part hereof by reference. David J. Ka ain, ayor Presented: February 12, 2025 Passed: February 12, 2025 • Omnibus Vote: Yeas: 9 Nays: 0 Recorded: February 12, 2025 • Published: February 12, 2025 '. 4Y,,` • • • Attest: • . �xs 01 ! w or Kimberly Dewis, . , lerk INTERGOVERNMENTAL AGREEMENT BETWEEN THE VILLAGE OF HAMPSHIRE AND THE CITY OF ELGIN REGARDING JURISDICTIONAL BOUNDARIES THIS AGREEMENT is made and entered into this 12 day of February , 2025, by and between the VILLAGE OF HAMPSHIRE, an Illinois municipal corporation,Kane County,Illinois(hereinafter referred to as the"Village of Hampshire"), and the CITY OF ELGIN, an Illinois municipal corporation, Cook and Kane Counties, Illinois (hereinafter referred to as the "City of Elgin"). WHEREAS,the Village of Hampshire is an Illinois municipality organized and operating under the Illinois Municipal Code, 65 ILCS 5/1-1-1,et seq.; and WHEREAS,the City of Elgin is an Illinois home-rule municipality organized and operating pursuant to Article VII, Section 6 of the 1970 Constitution of the State of Illinois and the Illinois Municipal Code,65 1LCS 5/1-1-1,et seq.;and WHEREAS, the Village of Hampshire and the City of Elgin entered into a jurisdictional boundary agreement dated November 20,2003,said agreement having a twenty-year term; and WHEREAS, the Village of Hampshire and the City of Elgin have each adopted a comprehensive plan pursuant to Section 11-12-7 of the Illinois Municipal Code(65 ILCS 5/11-12-7) and for the City of Elgin, also pursuant to its home rule powers; and WHEREAS,mun icipalities may enter into jurisdictional boundary agreements pursuant to 65 ILCS 11-12-9 and pursuant to the home rule powers of the City of Elgin;and WHEREAS, Article VII, Section 10 of the 1970 Constitution of the State of Illinois authorizes units of local government to contract or otherwise associate among themselves to obtain or share services and to exercise, combine, or transfer any power or function in any manner not prohibited by law or ordinance; and WHEREAS,the Illinois Intergovernmental Cooperation Act,5 ILCS 220/1,et seq.,provides that any powers, privileges, or authority which may be exercised by a unit of local government individually may be exercised and enjoyed jointly with any other unit of local government,and that such units of local government may enter into contracts for the performance of government services, activities,and undertakings;and WHEREAS,the Village of Hampshire and the City of Elgin have given consideration to the natural flow of storm drainage within the subject unincorporated territory referred to in this Agreement;and WHEREAS,a jurisdictional boundary agreement is a useful tool for the implementation of the aforesaid official comprehensive plans; and WHEREAS,the Village of Hampshire and the City of Elgin each deem it to be in their own respective interests to agree to a boundary line between the Village of Hampshire and the City of Elgin for planning and annexation purposes;and WHEREAS,it is in the mutual interests of the Village of Hampshire and the City of Elgin to again enter into a jurisdictional boundary agreement in order to plan for development and to provides for the general welfare of their respective residents by proceeding with expansion beyond their present municipal boundaries in an orderly and determined fashion. NOW,THEREFORE,for and in consideration of the mutual promises contained herein,and other good and valuable consideration,the receipt and sufficiency of which is hereby acknowledged, the parties hereto agree as follows: 1. The recitals set forth above are incorporated into and made a part of this Agreement as if fully recited hereby. 2 2. The parties have prepared a drawing attached hereto and made a part hereof as Exhibit 1. 3. The area designated on Exhibit 1 as the"Village of Hampshire Jurisdictional Area" shall be subject to the jurisdiction of the Village of Hampshire for annexation, land use planning, zoning, and subdivision control and shall be made a part of the jurisdictional boundaries of the Village of Hampshire. The City of Elgin shall refrain from objecting in any and all proceedings necessary to establish said FPA and jurisdictional boundaries. The City of Elgin further agrees not to otherwise oppose any Village of Hampshire request to amend its FPA for property located in the Village of Hampshire Jurisdictional Area. 4. The area designated on Exhibit 1 as the"City of Elgin Jurisdictional Area"shall be subject to the jurisdiction of the City of Elgin for annexation, land use planning, zoning and subdivision control and shall be made part of the jurisdictional boundaries of the City of Elgin. The Village of Hampshire shall refrain from objecting in any and all proceedings necessary to establish said FPA and jurisdictional boundaries. The Village of Hampshire further agrees not to otherwise oppose any City of Elgin and/or FRWRD's request to amend its FPA for property located in the City of Elgin Jurisdictional Area. 5. Neither the Village of Hampshire nor the City of Elgin shall act to annex or exercise any zoning authority or subdivision control authority within the jurisdictional area of the other municipality as depicted on Exhibit 1,nor will either the Village of Hampshire or the City of Elgin object to the annexation, planning, zoning or subdivision of property within the jurisdictional boundary assigned to the other party by this Agreement, unless otherwise agreed to in writing by both the Village of Hampshire and the City of Elgin. 3 6. The Illinois Environmental Protection Agency (IEPA), through the Northeastern Illinois Planning Commission(NIPC)and the Chicago Metropolitan Agency for Planning(CMAP), has previously designated a Facility Planning Area(FPA)for the Village of Hampshire and for the City of Elgin through the Fox River Water Reclamation District(FRWRD). To the extent necessary, the parties shall reasonably cooperate in the further establishment of FPA boundaries in accordance with the jurisdictional boundaries and other terms of this Agreement;and upon either party(and/or FRWRD on behalf of the City of Elgin) filing a petition with CMAP for approval of such FPA boundaries by the IEPA or others,in order to implement the terms of this Agreement,the other party shall cooperate as reasonably necessary in the processing of such petition consistent with this Agreement. In accordance with the terms of this agreement, in the event any application for a Facility Planning Area amendment the Village of Hampshire ahs previously filed with NIPC includes any territory within the City of Elgin Jurisdictional Area, the Village of Hampshire shall amend its application for a Facility Planning Area amendment it has previously filed with NIPC by deleting therefrom the territory included within the City of Elgin Jurisdictional Area before resuming any proceedings for recommendation by NIPC and approval by IEPA. 7. The parties acknowledge and agree that, in the event of a breach by one of them of the covenants contained in Paragraphs 2,3,4 or 5,each of which alone is a material element of this Agreement,the other party shall be aggrieved and will suffer damages which are immediate,great and irreparable, and for which no adequate remedy at law exists; and accordingly, in the event of such breach by one party, the aggrieved party shall have the right to seek an order from a court of competent jurisdiction,preliminarily and/or permanently restraining and/or enjoining the breaching party from any further breach of said covenant or covenants and curing such breach. This right to 4 injunctive relief shall be in addition to and not in lieu of, any and all other rights or remedies available to the aggrieved party under applicable Illinois law. 8. This Agreement shall inure to the benefit of and be binding upon the parties and their respective successors and assigns for a term of twenty (20) years from and after the date said agreement has been approved by ordinance of the second of the parties to enact the same. 9. If any section, paragraph, subdivision, clause, sentence or provision of this Agreement shall be adjudged by any court of competent jurisdiction to be void or invalid, such judgment shall not affect,impair,invalidate or nullify the remainder thereof,which remainder shall remain and continue to be in full force and effect. 10. The Village of Hampshire and the City of Elgin each shall adopt an ordinance approving the terms and provisions of this Agreement and authorizing the Village President and Village Clerk and the Mayor and City Clerk to execute and deliver this Agreement. Upon execution, the clerk of each municipality shall forward to the clerk of the other municipality a certified copy of the ordinance so enacted, together with the agreement, signed in duplicate original, so that each municipality shall have one fully executed document on file. IN WITNESS WHEREOF,the parties hereto have entered into and executed this Agreement on the date and year first written above in Kane County, Illinois VILLAGE OF HAMPSHIRE CITY OF ELGIN B '"fes % i�i�`� B y yillage lident Mayor Attest: Attest: S\-Ikdda Village Clerk City Clerk 5 EXHIBIT 1 MAP DEPICTING VILLAGE OF HAMPSHIRE JURISDICTIONAL AREA AND CITY OF ELGIN JURISDICTIONAL AREA Exhibit 1 City of Elgin and Village of Hampshire Jurisdictional Areas i /Jurisdictional Boundary Lines •- . Map prepared by Cary of Elgin A PI 12024 1WY "r h \c Village of Hamps ire az. llyi '�, 1ii{tll .,„ . , .,�a>,:.,._ r -iii ' `-I' Jurisdictional Area �Q rl„r I� 'i (( -, ROUTE 72 — --- - - .„....,4, `:- +IiL ` (i4V., -..1:4 jr 1, . •� . -, ), ..,, ,.... ,,,,... "640 Pill 1 ...-.::',, ,fi;.1.1.;AEI-/Oran fir:.- i It F / *),..-... '-,k.,:ni 1;- 4 WI. ,,-..,--„, , Is.J....,„ s, Y ! -� LwwnnM l r --,„_ . , iidix-, ,.*•, 0 -,. * ---,,-,1 , / `'�� 1 I BERNER / - -� \... t ‘ / lyi City of Elgin-- Jurisdictional Area 73 PLANK m - . A r ro.h , 1 _ __ illAIRR it 1 - f THE VILLAGE OF HAMPSHIRE ORDINANCE NO. 24-41 AN ORDINANCE AUTHORIZING AND APPROVING THE EXTENSION OF AN INTERGOVERNMENTAL AGREEMENT REGARDING JURISDICTIONAL BOUNDARIES AND FACILITY PLANNING AREAS BETWEEN THE CITY OF ELGIN AND THE VILLAGE OF HAMPSHIRE, KANE AND MCHENRY COUNTIES,ILLINOIS ADOPTED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF HAMPSHIRE THIS 7 DAY OF NOVEMBER,2024 Published in pamphlet form by authority of the President and the Board of Trustees of the Village of Hampshire,Illinois this 8 day of November,2024 1 VILLAGE OF HAMPSHIRE ORDINANCE NO.24-41 AN ORDINANCE AUTHORIZING AND APPROVING THE EXTENSION OF AN INTERGOVERNMENTAL AGREEMENT REGARDING JURISDICTIONAL BOUNDARIES AND FACILITY PLANNING AREAS BETWEEN THE CITY OF ELGIN AND THE VILLAGE OF HAMPSHIRE, KANE AND MCHENRY COUNTIES,ILLINOIS WHEREAS, the Village of Hampshire, Illinois (the "Village") is a duly organized and validly existing non-home rule municipality organized and operating under the Illinois Municipal Code(65 ILCS 5/1-1-1, et seq.);and WHEREAS, the President of the Village (the "President") and the Board of Trustees of the Village (with the President, the "Corporate Authorities") are committed to furthering the growth of the Village and enabling the Village to control development in the area;and WHEREAS, pursuant to Section 11-12-9 of the Illinois Municipal Code (65 ILCS 5/11- 12-9), the Corporate Authorities may enter into a boundary line agreement ("BLA") with the corporate authorities of another municipality regarding unincorporated territory that is within one and one-half(1%2)miles of the boundaries of the municipalities;and WHEREAS,the City of Elgin("Elgin")and the Village previously entered into a BLA to designate the jurisdictional boundaries of Elgin and the Village(collectively,the"Parties"); and WHEREAS,the BLA was effective for a term of twenty (20)years, but the BLA may be extended,renewed or revised at the end of the term by further agreement of the Parties;and WHEREAS, to avoid potential disputes and to ensure that the Parties can control development within their agreed upon areas,the Corporate Authorities have determined that it is advisable, necessary and in the best interests of the Village and its residents to authorize and approve an extension of the BLA (the "Agreement"), attached hereto and incorporated herein as Exhibit A;and 2 WHEREAS, notice of the proposed Agreement was provided in accordance with the provisions of Section 11-12-9 of the Illinois Municipal Code(65 1LCS 5/11-12-9); NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF HAMPSHIRE, KANE AND MCHENRY COUNTIES, ILLINOIS,AS FOLLOWS: SECTION 1.The Corporate Authorities hereby find that all of the recitals as contained in the preambles to this Ordinance are full, true and correct and hereby incorporate and make them part of this Ordinance. SECTION 2. The Corporate Authorities hereby approve of and authorize the Agreement and authorize the President or his designee to execute and enter into the Agreement, with such insertions, omissions and changes as are authorized by the Corporate Authorities. The Village Clerk is hereby authorized and directed to attest to,countersign and affix the Seal of the Village to any documentation as may be necessary to carry out and effectuate the purpose of this Ordinance. The officers, agents and/or employees of the Village shall take all action necessary or reasonably required by the Village to carry out,give effect to and effectuate the purpose of this Ordinance and shall take all action necessary in conformity therewith.The Village is authorized to allocate,spend and/or receive all necessary funds to fulfill the requirements of this Ordinance. SECTION 3.That all past,present and future acts and doings of the officials of the Village that are in conformity with the purpose and intent of this Ordinance are hereby, in all respects, ratified,approved,authorized and confirmed. SECTION 4. That the provisions of this Ordinance are hereby declared to be severable and should any provision of this Ordinance be determined to be in conflict with any law,statute or regulation by a court of competent jurisdiction, said provision shall be excluded and deemed 3 inoperative and unenforceable and all other provisions shall remain unaffected, unimpaired, valid and in full force and effect. SECTION 5. All code provisions, ordinances, resolutions, rules and orders, or parts thereof,in conflict herewith are,to the extent of such conflict, hereby superseded. SECTION 6. A full, true and complete copy of this Ordinance shall be published in pamphlet form or in a newspaper published and of general circulation within the Village as provided by the Illinois Municipal Code,as amended. SECTION 7.This Ordinance shall be effective and in full force immediately upon pacsage, approval and publication in pamphlet form or as otherwise provided by applicable law. ADOPTED THIS 7 DAY OF NOVEMBER,2024. AYES/YEAS: Fodor, Kelly, Koth,Mott,Pollastrini, Robinson NAYS: None ABSENT: None ABSTAIN: None ADOPTED THIS 7 DAY OF NOVEMBER,2024. Michael J. eid,Jr.,Village President ATTEST: K(k. c j t � . t i c .h 90A Karen L. Stuehler,Village Clerk 4 S C M wa v)