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HomeMy WebLinkAboutS35-03 (2) Ordinance No. S35-03 AN ORDINANCE AUTHORIZING AN INTERGOVERNMENTAL AGREEMENT BETWEEN THE VILLAGE OF BURLINGTON AND THE CITY OF ELGIN REGARDING JURISDICTIONAL BOUNDARIES AND FACILITY PLANNING AREAS BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Ed Schock, Mayor, and Dolonna Mecum, City Clerk, be and are hereby authorized and directed to execute an Intergovernmental Agreement on behalf of the City of Elgin with the Village of Burlington regarding jurisdictional boundaries and facility planning areas, a copy of which is attached hereto and made a part hereof by reference . I 'e► s Ed Sc oc , Mayor Presented: November 19, 2003 Passed: November 19, 2003 Vote : Yeas : 6 Nays : 0 Recorded: November 20, 2003 Published: Attest : Dolonna Mecum, City Clerk Ordinance No. S35-03 AN ORDINANCE AUTHORIZING AN INTERGOVERNMENTAL AGREEMENT BETWEEN THE VILLAGE OF BURLINGTON AND THE CITY OF ELGIN REGARDING JURISDICTIONAL BOUNDARIES AND FACILITY PLANNING AREAS BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Ed Schock, Mayor, and Dolonna Mecum, City Clerk, be and are hereby authorized and directed to execute an Intergovernmental Agreement on behalf of the City of Elgin with the Village of Burlington regarding jurisdictional boundaries and facility planning areas, a copy of which is attached hereto and made a part hereof by reference . s/ Ed Schock Ed Schock, Mayor Presented: November 19, 2003 Passed: November 19, 2003 Vote : Yeas : 6 Nays : 0 Recorded: November 20, 2003 Published: Attest : s/ Dolonna Mecum Dolonna Mecum, City Clerk • INTERGOVERNMENTAL AGREEMENT BETWEEN THE VILLAGE OF BURLINGTON AND THE CITY OF ELGIN REGARDING JURISDICTIONAL BOUNDARIES AND FACILITY PLANNING AREAS THIS AGREEMENT is made and entered into this 19th day of November, 2003 , by and between the VILLAGE OF BURLINGTON, an Illinois municipal corporation, Kane County, Illinois (hereinafter referred to as the "Village of Burlington") , 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 Burlington 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 the home rule powers of the City of Elgin; and WHEREAS, municipalities 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, the Village of Burlington 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 Burlington and the City of Elgin deem it to be in their own interests to agree to a boundary line between the Village of Burlington and the City of Elgin for planning and annexation purposes; and WHEREAS, the City of Elgin uses a wastewater treatment system through the Fox River Water Reclamation District and wastewater within the Village of Burlington is currently regulated under the jurisdiction of the Kane County Health Department; and WHEREAS, the Illinois Environmental Protection Agency (IEPA) , through the Northeastern Illinois Planning Commission (NIPC) , has previously designated a Facility Planning Area (FPA) for the Village of Burlington and for the City of Elgin through the Fox River Water Reclamation District (FRWRD) ; and WHEREAS, the Village of Burlington and the City of Elgin desire to cooperate, by way of this agreement, to amend their FPA boundary lines to allow themselves to more efficiently provide wastewater services within the area assigned to it by this agreement ; and WHEREAS, each party here to understands that this agreement is not binding on the IEPA, or on NIPC, and that the purpose of this agreement is to describe an area, given existing conditions, for providing wastewater services in that territory which currently lies between the existing boundaries of the Village of Burlington and the City of Elgin; and WHEREAS, it is in the mutual interests of the Village of Burlington and the City of Elgin to plan for development and to provides for the general welfare of their respective residents by 2 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 parties have prepared a drawing attached hereto and made a part hereof as Exhibit 1 . 2 . The area designated on Exhibit 1 as the "Village of Burlington Jurisdictional Area" shall be subject to the jurisdiction of the Village of Burlington for annexation, land use planning, zoning and subdivision control and shall be made a part of the FPA and jurisdictional boundaries of the Village of Burlington. 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 the Village of Burlington request to amend sanitary sewer FPAs for property located in the Village of Burlington Jurisdiction Area. 3 . 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 FPA for FRWRD for the City of Elgin and shall be part of the jurisdictional boundaries of the City of Elgin. The Village of Burlington shall 3 • refrain from objecting in any and all proceedings necessary to establish said FPA and jurisdictional boundaries . The Village of Burlington further agrees not to otherwise oppose the City of Elgin and/or FRWRD' s request to amend sanitary sewer FPAs for property located in the City of Elgin Jurisdictional Area. 4 . Neither the Village of Burlington 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 Burlington 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 . 5 . The parties shall cooperate as reasonably necessary, in the establishment of Facility Planning Area boundaries in accordance with the terms of this agreement; and upon either party (and/or FWRD on behalf of the City of Elgin) filing a petition with NIPC for approval of such 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 . 6 . 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 4 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 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. 7 . 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 same . 8 . 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 . 9 . The Village of Burlington 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 . 5 • 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 BURLINGTON CITY OF ELGIN By " Village President Mayor Attest : Attest : Village Clerk City Clerk F:\Legal Dept\Agreement\Boundary Agreement-Village of Burlington.doc DRAFT 11/7/03 6 EXHIBIT 1 Map depicting Village of Burlington Jurisdictional Area and City of Elgin Jurisdictional Area 1 . I i ahr 9JiTT11IT r -I L- Exhibit 1 [ .,,+,_, 1 1 — City of Elgin - Village of Burlington Jurisdictional Areas ,1 r B�e�nert_ , 1'' ( AiJurisdictional Boundary Line 1 ( (4) - 1 r I I I Map prepared by City of Elgin-Dept.of Planning&Neighborhood Services-October 2003 i ► 1 IF i._ _ , I I f \ I IF_ j '-i . � I I ' I ! 11 --I- 1 '11 ' 1 i -. -- I I _ i �-� i e�r ti 4111Mil.■ pu l/n •�. j,; .n I (t I I I 1 I , Jur: - • ►H • :�IAre ; �� � Ii z ` r''�--L1 I _ I1 I I i ,/ 1 L`k ,L I I1 . --� 1 I j i i `/ '� i 1 .__l 1 �„ 1 j�p l _ . 11 I i 1 1 , 1 1 ' 1 I ' �P I I I'--, ' — I —dL= iL� 1,r, i Fri_ _1 i t.•r M i I •..•,� -I I. I_ MI 1 _ 1 I - i - - 1 I��T _,► � l__ — '—,' i - I 1_ I , 1� 1 a -4) fil L Kai�� 1-_,_ 0 ..,.. .f . •. _ - I I r j t•� , • ap.olha. I'_ 1 -1 11 , IJ ~ I j — ~ • Ik , I -�{ I �(l ri L —471 t it I 1-- ,� � , i ��, ;;I 1 1 1 111i I I , i 1 l I�Iw' i i I ��t 1 'J r 1L 1 r 'i-- .l I ' 11 l i I i t-T 1)111F-111i 0 S 1 1t'l_l 1 l I i 1 I T 1 — I 'lrl 1 I . ' ril" - i- I 11 ___4,a.,T____,4.�, I 1 -1 11 1 1 I I 1 ( ( I jl II I 11 ``- V , 1 _ i _(i.� ri 1 ' 1 i .�_, 1 „---fir 1 , �` l; 1 r r-Tr 4 I 1I 1Ij1i !1 L!( 1 1 �� /I 1i 1 1 — _ ' ' '1 , gl -1I t i I � i 1I r u I I 1 1 I -� ��-� J I�, t January 29, 2004 MEMORANDUM TO: Loni Mecum, City Clerk FROM: William A. Cogley, Corporation Counsel SUBJECT: Intergovernmental Agreement Between the Village of Burlington and the City of Elgin Regarding Jurisdictional Boundaries and Facility Planning Areas Attached for the city clerk' s files is an original recorded copy of the above-referenced agreement recorded with the Kane County Recorder on January 5, 2004 , as Document No. 2004K000587 . frV WAC mg Attachment 2 ED K IZi n a 7 SANDY WEGMAN RECORDER KANE COUNTY, IL RECORDED ON 01/05/2004 08:33AM REC FEE: 35.00 PAGES: 14 INTERGOVERNMENTAL AGREEMENT BETWEEN THE VILLAGE OF BURLINGTON AND THE CITY OF ELGIN REGARDING JURISDICTIONAL BOUNDARIES AND FACILITY PLANNING AREAS This Instrument Prepared by and Return to After Recording: WILLIAM A. COGLEY Corporation Counsel City of Elgin 61. 150 Dexter Court Elgin, IL 60120-5555 2t< INTERGOVERNMENTAL AGREEMENT BETWEEN THE VILLAGE OF BURLINGTON AND THE CITY OF ELGIN REGARDING JURISDICTIONAL BOUNDARIES AND FACILITY PLANNING AREAS THIS AGREEMENT is made and entered into this 19th day of November, 2003 , by and between the VILLAGE OF BURLINGTON, an Illinois municipal corporation, Kane County, Illinois (hereinafter referred to as the "Village of Burlington") , 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 Burlington 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 the home rule powers of the City of Elgin; and WHEREAS, municipalities 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, the Village of Burlington 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 Burlington and the City of Elgin deem it to be in their own interests to agree to a boundary line between EXHIBIT A the Village of Burlington and the City of Elgin for planning and annexation purposes ; and WHEREAS, the City of Elgin uses a wastewater treatment system through the Fox River Water Reclamation District and wastewater within the Village of Burlington is currently regulated under the jurisdiction of the Kane County Health Department; and WHEREAS, the Illinois Environmental Protection Agency (IEPA) , through the Northeastern Illinois Planning Commission (NIPC) , has previously designated a Facility Planning Area (FPA) for the Village of Burlington and for the City of Elgin through the Fox River Water Reclamation District (FRWRD) ; and WHEREAS, the Village of Burlington and the City of Elgin desire to cooperate, by way of this agreement , to amend their FPA boundary lines to allow themselves to more efficiently provide wastewater services within the area assigned to it by this agreement ; and WHEREAS, each party hereto understands that this agreement is not binding on the IEPA, or on NIPC, and that the purpose of this agreement is to describe an area, given existing conditions, for providing wastewater services in that territory which currently lies between the existing boundaries of the Village of Burlington and the City of Elgin; and WHEREAS, it is in the mutual interests of the Village of Burlington and the City of Elgin to plan for development and to provides for the general welfare of their respective residents by 2 1 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 parties have prepared a drawing attached hereto and made a part hereof as Exhibit 1 . 2 . The area designated on Exhibit 1 as the "Village of Burlington Jurisdictional Area" shall be subject to the jurisdiction of the Village of Burlington for annexation, land use planning, zoning and subdivision control and shall be made a part of the FPA and jurisdictional boundaries of the Village of Burlington. 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 the Village of Burlington request to amend sanitary sewer FPAs for property located in the Village of Burlington Jurisdiction Area . 3 . 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 FPA for FRWRD for the City of Elgin and shall be part of the jurisdictional boundaries of the City of Elgin. The Village of Burlington shall 3 refrain from objecting in any and all proceedings necessary to establish said FPA and jurisdictional boundaries . The Village of Burlington further agrees not to otherwise oppose the City of Elgin and/or FRWRD' s request to amend sanitary sewer FPAs for property located in the City of Elgin Jurisdictional Area. 4 . Neither the Village of Burlington 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 Burlington 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 . 5 . The parties shall cooperate as reasonably necessary, in the establishment of Facility Planning Area boundaries in accordance with the terms of this agreement; and upon either party (and/or FWRD on behalf of the City of Elgin) filing a petition with NIPC for approval of such 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 . 6 . 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 4 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 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. 7 . 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 same . 8 . 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 . 9 . The Village of Burlington 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 . 5 1 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 BURLINGTON CITY OF ELGIN BY , BY Village President ayor Attest : Attest : c)41:8-7.•---42 Vill e Clerk City Clerk F:\Legal Dept\Agreement\Boundary Agreement-Village of Burlington.doc DRAFT 11/7/03 6 1 1 _. - , _ —..=-- -- — r�7 i _-` i"'--,— �,'' T/// 1 AN',r,. :.L1 — - — — Exhibit 1 r g=o";, --- City of Elgin - Village of Burlington - Fr 1 �%°::' Jurisdictional Areas " I e...-4 itltl� = I =_T�_ r1- L. __ Al Jurisdictional Boundary Line (iii) •., 1 C Map prepared by City of Elgin-Dept.of Planning&Neighborhood Services-October 2003 Lenschow I I • _ _ ____r 1I r i [ 1 II , 4-- ) h—r"...71 1 , El _.__ ... \--1 to:ll`.la. �I t a; ulrli�n n ' ► - , — U. Ju.I - • ' ' '�4re ! 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City of Elgin CERTIFICATE OF CITY CLERK I , Dolonna Mecum, DO HEREBY CERTIFY that I am the City Clerk of the City of Elgin, in the Counties of Kane and Cook in the State of Illinois, and that as such City Clerk I am the keeper and custodian of the files and records of said City of Elgin and the seal thereof . I DO FURTHER CERTIFY that the attached is a full , true, and correct copy of : Ordinance No . S35-03 AN ORDINANCE AUTHORIZING AN INTERGOVERNMENTAL AGREEMENT BETWEEN THE VILLAGE OF BURLINGTON AND THE CITY OF ELGIN REGARDING JURISDICTIONAL BOUNDARIES AND FACILITY PLANNING AREAS adopted by the Elgin City Council at its legally convened meeting held on November 19, 2003 . In Witness Whereof, I have hereunto set my hand and affixed the corporate seal of the City of Elgin at the said City in the County and State aforesaid this 15th day of December, 2003 . City Clerk (SEAL) n Ordinance No . S35-03 AN ORDINANCE AUTHORIZING AN INTERGOVERNMENTAL AGREEMENT BETWEEN THE VILLAGE OF BURLINGTON AND THE CITY OF ELGIN REGARDING JURISDICTIONAL BOUNDARIES AND FACILITY PLANNING AREAS BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Ed Schock, Mayor, and Dolonna Mecum, City Clerk, be and are hereby authorized and directed to execute an Intergovernmental Agreement on behalf of the City of Elgin with the Village of Burlington regarding jurisdictional boundaries and facility planning areas, a copy of which is attached hereto and made a part hereof by reference . s/ Ed Schock Ed Schock, Mayor Presented: November 19, 2003 Passed: November 19, 2003 Vote : Yeas : 6 Nays : 0 Recorded: November 20 , 2003 Published: Attest : s/ Dolonna Mecum Dolonna Mecum, City Clerk This Instrument Prepared By and Return After Recording to: William A. Cogley City of Elgin Legal Department 150 Dexter Court Elgin, IL 60120-5555 `v VILLAGE OF BURLINGTON ORDINANCE NO. 2003- .L0 AN ORDINANCE AUTHORIZING THE EXECUTION OF AN INTERGOVERNMENTAL AGREEMENT BETWEEN THE VILLAGE OF BURLINGTON AND THE CITY OF ELGIN REGARDING JURISDICTIONAL BOUNDARIES AND FACILITY PLANNING AREAS. ADOPTED BY THE BOARD OF TRUSTEES OF THE VILLAGE OF BURLINGTON THIS/7 AY OF) r iJ& ,2003 PUBLISHED IN PAMPHLET FORM BY AUTHORITY OF THE BOARD OF TRUSTEES OF THE VILLAGE OF BURLINGTON, NE COUNTY,ILLINOIS,THIS/7DAY OF ,2003. Zezp, ;i .LlleaTox VI AGE CLERK -1 - VILLAGE OF BURLINGTON KANE COUNTY,ILLINOIS ORDINANCE NO.2003- 0 AN ORDINANCE AUTHORIZING THE EXECUTION OF AN INTERGOVERNMENTAL AGREEMENT BETWEEN THE VILLAGE OF BURLINGTON AND THE CITY OF ELGIN REGARDING JURISDICTIONAL BOUNDARIES AND FACILITY PLANNING AREAS. Whereas,the Village of Burlington 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 Whereas,municipalities may enter into jurisdictional boundary agreements pursuant to 65 ILCS 5/11-12-9; and Whereas,a jurisdictional boundary agreement is a useful tool for the implementation of official comprehensive plans; and Whereas,it is in the mutual interest of the Village of Burlington and the City of Elgin to plan for development and to provide for the general welfare of their respective residents by proceeding with expansion beyond their present municipal boundaries in an orderly and determined fashion; and Whereas,the Village of Burlington and the City of Elgin deem it to be in their own best interest to agree to a boundary line between the Village of Burlington and the City of Elgin for planning and annexation purposes; and Whereas,the corporate authorities of the Village of Burlington and the City of Elgin have given due consideration to the physical characteristics of the area,including topography and stormwater drainage,property boundary lines,roads and easements of way, all in compliance with Section 11-12-9 of the Illinois Municipal Code,ILCS 5/11-12-9; and Whereas,the corporate authorities of the Village of Burlington and City of Elgin have given due and extensive consideration to the desirability of an agreed jurisdictional boundary line and have found that the establishment of such jurisdictional line is in the interest of the orderly and regularly development of their respective communities and would aide in the development of the unincorporated area lying between their respective municipalities. NOW,THEREFORE,BE IT ORDAINED BY THE VILLAGE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF BURLINGTON,KANE COUNTY,ILLINOIS AS FOLLOWS: Sec tion 1: Incorporation of findings and recitals. The Village President and Board of Trustees,being the corporate authorities of the Village of Burlington hereby find as fact all of the recitals to this ordinance as well as the preamble contained in the Intergovernmental Agreement Between the Village of Burlington and the City of Elgin Regarding Jurisdictional Boundaries and Facility Planning Areas contained in Exhibit"A" attached hereto and 2 II • all of said recitals and findings are made a part hereof and incorporated herein in full as though fully set forth herein. Section 2: Approval of agreement and authorization to execute agreement. The Intergovernmental Agreement Between the Village of Burlington and the City of Elgin Regarding Jurisdictional Boundaries and Facility Planning Areas which is attached hereto and incorporated herein as Exhibit"A" is hereby approved. The Village President is authorized and directed to execute and the Village Clerk is authorized and directed to attest to the Intergovernmental Agreement Between the Village of Burlington and the City of Elgin Regarding Jurisdictional Boundaries and Facility Planning Areas which Agreement is attached hereto and incorporated herein as Exhibit"A". Section 3: Direction to Village Clerk. Pursuant to paragraph 9 of said Agreement,the Village Clerk is hereby authorized and directed to forward to the Clerk of the City of Elgin a certified copy of this ordinance,together with the Agreement, signed in duplicate original so that each municipality shall have one fully executed document on file. Section 4: Filing of agreement with Recorder of Deeds. The Village Clerk be and is hereby directed to file a certified copy of this ordinance after execution by all parties with the office of the Recorder of Deeds of Kane County, Illinois and also to file for record in her office three copies of the executed Agreement. Section 5: Effective date of agreement. This ordinance and said Agreement attached hereto as Exhibit"A" shall be in full force and effect after certified copies of this Ordinance and Agreement have been filed for record as provided in this Ordinance and as required by statute. Section 6: Repealer. All ordinances,resolutions, orders and agreements or parts thereof, in conflict with the provisions of this ordinance and said Agreement are,to the extent of such conflict,hereby expressly repealed. Section 7: Severability. If any part or parts of this ordinance shall be held unconstitutional or invalid, such unconstitutionality or invalidity shall not affect the validity of the remaining parts of this ordinance. The President and Board of Trustees of the Village of Burlington hereby declare that they would have passed the remaining parts of this ordinance if they had known that such part or parts thereof would be declared unconstitutional. -3- \-b • Section 8: Publication. The Village Clerk of the Village of Burlington be and is hereby directed to publish this ordinance in pamphlet form pursuant to the provisions of the Illinois Municipal Code. Section 9: Effective Date. This ordinance shall be in full force and effect after its final passage, approval, publication or posting as provided by law. PASSED hy the Pr ident and Board of Trustees of the Village of Burlington,Kane County, Illinois,this . day of fi.Pk , 2003. APPRO D by the President of the Village of Burlington, Kane County, Illinois,this /7?day of , 2003. TRUSTEE AYES NAYS ABSENT ABSTAIN Mike Block Jim Daf ron Bruce Hanson Deb Walsh v Bob Walsh Patricia Mueller Total (p Akt r [w y ram ' Village President ATTEST Village lerk -4- 2004K000587