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Home My WebLink AboutS5-24 Ordinance No. S5-24 AN ORDINANCE AUTHORIZING AN INTERGOVERNMENTAL AGREEMENT BETWEEN THE VILLAGE OF BURLINGTON 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 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,a copy of which is attached hereto and made a part hereof by reference. avid J. Ka ain, yor Presented: June 12, 2024 Passed: June 12,2024 Omnibus Vote: Yeas: 9 Nays: 0 Recorded: June 12, 2024 :. Published: June 12, 2024 _ Att st: Kimberly Dewis, 41er INTERGOVERNMENTAL AGREEMENT BETWEEN THE VILLAGE OF BURLINGTON AND THE CITY OF ELGIN REGARDING JURISDICTIONAL BOUNDARIES THIS AGREEMENT is made and entered into this 12 day of June 2024,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 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 ILCS 5/1-1-1, et seq.; and WHEREAS, the Village of Burlington and the City of Elgin entered into a jurisdictional boundary agreement dated November 19, 2003, said agreement having a twenty-year term; and 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, 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 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 j urisdictional boundary agreement isauseful tool for the implementation of the aforesaid official comprehensive plans; and WHEREAS, the Village of Burlington and the City of Elgin each 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,it is in the mutual interests of the Village of Burlington 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 theirpresent 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. The parties have prepared a drawing attached hereto and made a part hereof as 2 Exhibit 1. 3. 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 apart of the jurisdictional boundaries of the Village of Burlington. 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 ofthe jurisdictional boundaries of the City of Elgin. 5. 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 asdepicted 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, unless otherwise agreed to in writing by both the Village of Burlington and the City of Elgin. 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 Burlington 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. 7. The parties acknowledge and agree that,intheeventofa breach by one of them of the 3 covenants contained in Paragraphs 2, 3,4 or 5, each of which alone is a material element ofthis 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. 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 ofthe 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 Burlington and the City of Elgin each shall adopt an ordinance approving the terms and provisions ofthis 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. 4 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 �i By Village o'esi Mayor Attest: Attest: Village Clerk City Clerk 5 EXHIBIT 1 MAP DEPICTING VILLAGE OF BURLINGTON JURISDICTIONAL AREA AND CITY OF ELGIN JURISDICTIONAL AREA DATED APRIL 2024 6 i-J �1-m I 1 L Tl - // / Il iC �G -_',9 i0 _ �.�, ■ Exhibit 1 City of Elgin and Village of Burlington <; i ` `- Jurisdictional Areas - NJurisdictional Boundary Lines _ AN' MRy6 Map prepared by City of Elgin April 2024 s j 1 I r .._Aur.._ ot LI\ ilia 9►eiofiBur in9►to I '1 u ;isdictical Area 11111me ■_ iii ,_ D r r _I I �� l �+ / I ro Fi • f Elgii, = _ _-itr - r: Jus'-*,rpy • is "onal 4 re n 70 Vligkr, 111 ..b I k: Vilra T — -- I'�-____________ milL 1 1 J ~--r- R LITH NM 2 _ARPF - II l y x itt -ty: , n 1 P C •