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Home My WebLink AboutS8-24 Ordinance No. S8-24 AN ORDINANCE AUTHORIZING AN INTERGOVERNMENTAL AGREEMENT BETWEEN THE VILLAGE OF PINGREE GROVE 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 Pingree Grove regarding jurisdictional boundaries, a copy of which is attached hereto and made a part hereof by reference. David J. Kap , M or Presented: December 18, 2024 Wit" Passed: December 18, 2024 . (-4> Omnibus Vote: Yeas: 9 Nays: 0 Recorded: December 18, 2024 .. +, 9 Published: December 18, 2024 - '� ,? Attest: ' / 1.. imberly Dewis, C. lerk INTERGOVERNMENTAL AGREEMENT BETWEEN THE VILLAGE OF PINGREE GROVE AND THE CITY OF ELGIN REGARDING JURISDICTIONAL BOUNDARIES WHEREAS, the Illinois Intergovernmental Cooperation Act, 5 ILCS 220/1, el 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 Pingree Grove 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,The Village of Pingree Grove and the City of Elgin have given consideration, when practical,to include all of any single tract having common ownership within the jurisdiction of one corporate authority; and WHEREAS,a jurisdictional boundary agreement is a useful tool for the implementation of the aforesaid official comprehensive plans; and WHEREAS,the Village of Pingree Grove 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 Pingree Grove and the City of Elgin for planning and annexation purposes;and WHEREAS, it is in the mutual interests of the Village of Pingree Grove and the City of Elgin to again enter into a jurisdictional boundary agreement in order 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. 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 3 use planning, zoning and subdivision control, and shall be made part of the jurisdictional boundaries of the City of Elgin, including for the purposes of providing wastewater treatment services by the City of Elgin through FRWRD. The Village of Pingree Grove shall refrain from objecting in any and all proceedings necessary to establish said jurisdictional boundaries in the event that the approval of any unit of government or government agency is necessary to establish such jurisdictional boundaries and from providing any wastewater treatment and/or water treatment service in the City of Elgin Jurisdictional Area. 5. Neither the Village of Pingree Grove nor the City of Elgin shall act to annex or exercise any zoning authority or subdivision control authority or provide or cause to provide wastewater treatment or water treatment services by themselves or through a third party unit of local government or government agency within the jurisdictional area of the other municipality as depicted on Exhibit 1, nor will either the Village of Pingree Grove or the City of Elgin object to the annexation, planning, zoning or subdivision of property or provision of wastewater treatment or water treatment services within the jurisdictional boundary assigned to the other party by this agreement. Notwithstanding the foregoing,or anything else to the contrary in this agreement, it is agreed and understood that the City of Elgin is not and does not agree that the Village of Pingree Grove may act to annex, exercise any zoning authority or subdivision control or provide wastewater or water treatment services for any property located within the Village of Gilberts Jurisdictional Arca, Village of Hampshire Jurisdictional Area and/or the Village of Burlington Jurisdictional Area as such areas are defined and described in the City of Elgin's intergovernmental agreements, in place as of the date of this Agreement,regarding jurisdictional boundaries with the Village of Gilberts, Village of Hampshire and the Village of Burlington. 6. The Illinois Environmental Protection Agency (IEPA), through the Northeastern Illinois Planning Commission (NIPC) and the Chicago Metropolitan Agency for Planning 5 9. That with respect to the properties located or to be located within the City of Elgin Jurisdictional Area which are located on Route 20 or on Damisch Road and which abut properties within the Village of Pingree Grove Jurisdictional Area, the City agrees that as part of the development of such properties within the City of Elgin Jurisdictional Area to require the following landscape buffering for such properties: Plantings within the frontage road right-of-way shall include of all of the following per 100 feet of frontage length:two shade trees with a minimum three (3") inch caliper, two ornamental trees with a minimum two (2") inch caliper or minimum six (6') foot height and two (2) evergreen trees with a minimum six (6') foot height. Clustering and/or staggering of trees may be permitted. That with respect to properties to be located within the City of Elgin Jurisdictional Area which are located on Reinking Road and which abut properties within the Village of Pingree Grove Jurisdictional Area the City agrees that as part of the development of such properties within the City of Elgin Jurisdictional Area to require the following landscape buffering for such properties: Plantings within the Reinking Road right-of- way shall include of all of the following per 100 feet of frontage length: two shade trees with a minimum three (3") inch caliper, two ornamental trees with a minimum two (2") inch caliper or minimum six (6') foot height and two (2) evergreen trees with a minimum six (6') foot height. Clustering and/or staggering of trees may be permitted. For the portions of the Reinking Road right-of-way located within Pingree Grove, Pingree Grove hereby consents and agrees to the above-described plantings in the Reinking Road right-of-way. 10. 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. 11. 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 7 judgmcnt shall not affect, impair, invalidate or nullify the remainder thereof, which remainder shall remain and continue to be in full force and effect. 12. The Village of Pingree Grove 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 PINGREE GROVE CITY OF ELGIN By: r►•� By: eadifeR,,a4e „," Its: President Its: Mayor Attest: Atte . (It: Village Clerk C. Clerk 8 it' —� I L-,f I'V---i1 I AftlIzi `t Exhibit 1 D r City of Elgin and Village of Pingree Grove 1 ..„,. 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