The URL can be used to link to this page

Home My WebLink AboutS36-03 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 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 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 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 . >1,, Zccrc� �� '�i✓ By .-"/,150511111r, •� Village President Mayor Attest : Attest : f �z-� — Villa%e Clerk City Clerk F:\Legal Dept\Agreement\Boundary Agreement-Village of Burlington.doc DRAFT 11/7/03 6 1 EXHIBIT 1 Map depicting Village of Burlington Jurisdictional Area and City of Elgin Jurisdictional Area 11"--- U" --11 1 r--I ---j----------- I -!_r) ' I '1—ili— 1---117] 11 1 - - -�L T 1 r ( rte. ------- --- ---I--\-,----------f,----'•-----i------_\\_==r� --i_1 ---11: -- ----I —i /\ -..- �/- - j=-===� _� 4a 1 i L--?--- 1 -------,--------H—,,A ---j '.. ! 1-- .-_Al...L. __._ r_. ,- L_______ .. ...___.• __ ._. _,__,--------- - = - - - -- — - --- 11 ---L-- - II i -- -�--- - -. z.ra ...r bra --1;-__Ir_ f . --- _ — O. 1 - - fT �_— -I -- _... C � I � _ Lse __ - -` I I l —_ - -- —- -- — - — -�==a — — H II - - --7----T---- ,,,.,C.- 0 M , :37-- i' 1 I I- ! Fri I I.-, ig Z 5. ,Q.-- X= - 1 /i .. I rn ---7.....d ' • :,_ 1 1.________,_ . $rrri - — _11 • r --- _ J , \ I -L1_ 1 I ` — _ _- :_111' I . 1 ' f-r' riL j i / ,.... . ...., I CD .. : -----1, ' fr- ------ ---c;r• I:I:jri J.-_1.---- /----1-•., I ._1 ii-f-f-i--=1- _..,...,..L.T\1_ _ _.../ __c __.__ I) ''-'-'''.--''- ( -r A. 1 Olirl 02 : ." l.. t�:ilk _ / i = �� O >rI J 1 'Ova,cei.. 14 . z�JE:I Il