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Home My WebLink AboutS36-03 (2) Ordinance No. S36-03 AN ORDINANCE AUTHORIZING AN INTERGOVERNMENTAL AGREEMENT BETWEEN THE VILLAGE OF HAMPSHIRE 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 Hampshire regarding jurisdictional boundaries and facility planning areas, a copy of which is attached hereto and made a part hereof by reference . /, d Schock, Mayor Presented: November 19, 2003 Passed: November 19, 2003 Vote : Yeas : 6 Nays : 0 Recorded: November 20, 2003 Published: Attest : AVCA'^4Q Dolonna Mecum, City Clerk em. • Ordinance No. S36-03 AN ORDINANCE AUTHORIZING AN INTERGOVERNMENTAL AGREEMENT BETWEEN THE VILLAGE OF HAMPSHIRE 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 Hampshire 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 January 29, 2004 MEMORANDUM TO: Loni Mecum, City Clerk FROM: William A. Cogley, Corporation Counsel SUBJECT: Intergovernmental Agreement Between the Village of Hampshire 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. 2004K000586 . WAC mg Attachment 2 4 K 0 0 m S 8 6 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 HAMPSHIRE 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 M,City of Elgin 150 Dexter Court 34;,- Elgin, IL 60120-5555 INTERGOVERNMENTAL AGREEMENT BETWEEN THE VILLAGE OF HAMPSHIRE AND THE CITY OF ELGIN REGARDING JURISDICTIONAL BOUNDARIES AND FACILITY PLANNING AREAS THIS AGREEMENT is made and entered into this 20th day of November , 2003 , 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 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, 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 Hampshire and the City of Elgin have given consideration to the natural flow of storm water 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 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, the Village of Hampshire and the City of Elgin utilize separate municipal wastewater treatment systems; 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 Hampshire, and for the City of Elgin through the Fox River Water Reclamation District (FRWRD) ; and WHEREAS, the Village of Hampshire 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 each municipality 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 Hampshire and the City of Elgin; and WHEREAS, it is in the mutual interests of the Village of Hampshire 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. 2 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 Hampshire Jurisdictional Area, " lying generally north and west of the line depicted thereon, 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 FPA and 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. 3 . The area designated on Exhibit 1 as the "City of Elgin Jurisdictional Area, " lying generally south and east of the line depicted thereon, 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 Hampshire shall refrain from objecting in any and all proceedings necessary to establish said Lk FPA and jurisdictional boundaries . The Village of Hampshire further agrees not to otherwise oppose the City of Elgin and/or FRWRD' s request to amend its FPA for property located in the City of Elgin Jurisdictional Area . 4 . 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 . 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 . In accordance with the terms of this agreement, in the event any application for a Facility Planning Area amendment the Village of Hampshire has previously filed with NIPC includes any territory within the City of Elgin Jurisdictional Area, the Village of Hampshire shall amend the application for a Facility Planning Area amendment it has 4 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. 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 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 5 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 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 A • ije4444:age By ayor ayor Attest : Attest : c(°/%19" AS2-0-41-- illage Clerk City Clerk F:\Legal Dept\Agreement\Boundary gre nt-Village of Hampshire.doc Draft 11/18/03 6 EXHIBIT 1 Map depicting Village of Hampshire Jurisdictional Area and City of Elgin Jurisdictional Area Exhibit1 I 1 \ I City of Elgin - Village of Hampshire di- _ - _ _ _' I 1u�li11 a I 1 Jurisdictional Areas �_ ;.►, :� 1 Al Jurisdictional Boundary Line clo e, —I 1 '"` l _ — Map prepared by City of Elgin-Dept.of Planning&Neighborhood Services-November 2003 , II ■ \ '1 I I -! a . , a -an il —IN i / ! I 1 , ...—.7-420 . mut 1 i . sm. 1 = - ,,, - Mil / ci/r All , )11 IAigs _`; I � , , , 1 ilifillill lib 1:.0 .7 1 I 1 �' I ageo " '' rye -T i- - 1 'CI■ _ y. 1 risdic ".:.,� . e _ I _ 44 ,, .;: ,_ u., ,• , .,4L, ili-, ,,,,� I I . r e t ,., i�: ,,,,,,:,-.-i ii:„. ■� ,A ,, I 1 I � \S '/i i dr:-1--- I -1 1740 __ ptitev es 1 rita- w- ---- •:: wow.: \ 1 I r t; j . iii.4.alioir.. r...i U1' ,, I --'9(4011.1 LUI 4-7 r.442-; -1"----..,, .--11=,-- '1;114' uniki;,... 1......___...46!:::::;:r1.:,..7i,..A. _ I 7____I _ • _L L ' IL, i ! ( , i --...... r, [_ =ilin B ma /1 --`16kirs Ais 1111--"7 pil ilillim -1.= I - w„..... itip---.0.14,7mily . ,___1 _II 1' --M , , i '=-_ --Fili a „*.:i f 71 1 4 AlliiiiiP r#.1..1411:;1 I =TV ly,, -,AL if 1/111111ER __iAlk ,,,,, 20.dir II �vqt,.•i I - 1 I I T4111 I ill:A 1 ril •' a 04,1740- 1ft � , tic,: ii...,.(f�tiQl W -man + Pr<mit il li r phi ,sum 1 _ wift. 1U Nvi III oft,,, .r t ♦.:s: POOR ORIGIN Recorder Not Responsible For Reproducti z "1 Ordinance No. S36-03 AN ORDINANCE AUTHORIZING AN INTERGOVERNMENTAL AGREEMENT BETWEEN THE VILLAGE OF HAMPSHIRE 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 Hampshire 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 \'` State of Illinois ) County of Kane ) ss . 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 Elgin El in and the seal thereof . I DO FURTHER CERTIFY that the attached is a full , true, and correct copy of : Ordinance No. S36-03 AN ORDINANCE AUTHORIZING AN INTERGOVERNMENTAL AGREEMENT BETWEEN THE VILLAGE OF HAMPSHIRE 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) STATE OF ILLINOIS ) ) SS COUNTY OF KANE ) CERTIFICATION I, Linda R. Vasquez, duly appointed Village Clerk for the Village of Hampshire, state that the attached copy of Ordinance No. 03-31 is a true and accurate copy of said Ordinance No. 03-31, the original of which is on file within the Village of Hampshire at the Office of the Village Clerk, 234 South State Street, Hampshire, Illinois. DATED at Hampshire, Illinois, this 20`h day of November, 2003. `0ro """nio, Linda R. Vasquez, Village Cl k � OF Hq �..� m • 4,�1'V C ' Eal 1�, No. 03 - 31 AN ORDINANCE APPROVING, AND AUTHORIZING THE EXECUTION OF, A JURISDICTIONALBOUNDARY LINE AGREEMENT WITH THE CITY OF ELGIN WHEREAS, there has been presented to the Corporate Authorities for its review and approval, a certain Intergovernmental Agreement to establish a jurisdictional boundary line between the Village, and the City of Elgin, for annexation, land use planning, zoning and subdivision control purposes, pursuant to the authority therein recited, and according to the terms and provisions therein contained; and WHEREAS, the Corporate Authorities have reviewed and considered the terms and provisions of the proposed Agreement and find that it would be in the best interests of the health, safety and welfare of the residents of the Village to approve said Agreement, and to authorize the Village President and Clerk to sign said Agreement. NOW THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF HAMPSHIRE, KANE COUNTY, ILLINOIS AS FOLLOWS: Section 1. The Intergovernmental Agreement Between the Village of Hampshire and the City of Elgin Regarding Jurisdictional Boundaries and Facility Planning Areas, in words and figures as set forth on the attached Exhibit A, incorporated herein by this reference, shall be and hereby is approved. Section 2. The Village President and Village Clerk, respectively, shall be and hereby are authorized to execute and deliver said Agreement, in duplicate original. Section 3. The Village Clerk shall forward to the City Clerk of the City of Elgin a certified copy of this Ordinance, and the original Agreement, bearing the signatures of the Village President and Village Clerk, in accordance with Paragraph 9 thereof. Section 4. Any motion, order, resolution, or ordinance in conflict with the terms and provisions of this Ordinance shall be and is, to the extent of such conflict, hereby superseded and waived. Section 5 This Ordinance shall become effective upon its passage and approval according to law. ADOPTED THIS 20th DAY OF NOVEMBER, 2003. AYES: 6 Anderson,Brown, Ruth, Swalwell, Szydlowski, Taylor NAYS: Page 1 of 1 \-1) ABSENT: ABSTAIN: APPROVED THIS 20th DAY OF NOVEMBER, 2003. William Schmidt Village President ATTEST: Linda Vasquez Village Clerk ```>»ii%Cllllitii% ******41.11VI col 4. 0.•„ 111111„1„+� Page 2 of 2 2004K000586 \.\