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Home My WebLink AboutS37-03 Ordinance No. S37-03 AN ORDINANCE AUTHORIZING AN INTERGOVERNMENTAL AGREEMENT BETWEEN THE VILLAGE OF GILBERTS 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 Gilberts regarding jurisdictional boundaries and facility planning areas, a copy of which is attached hereto and made a part hereof by reference . Ed Scho , Mayor Presented: December 3 , 2003 Passed: December 3 , 2003 Omnibus Vote : Yeas : 6 Nays : 0 Recorded: December 4 , 2003 Published: Attest : /�� 6,414-.^42_ \-s2--Cw- Dolonna Mecum, City Clerk 10-30-03 47) INTERGOVERNMENTAL AGREEMENT BETWEEN THE VILLAGE OF GILBERTS AND THE CITY OF ELGIN REGARDING JURISDICTIONAL BOUNDARIES AND FACILITY PLANNING AREAS THIS AGREEMENT is made and entered into this day of , 2003 , by and between the VILLAGE OF GILBERTS, an Illinois municipal corporation, Kane County, Illinois (hereinafter referred to as the "Village of Gilberts" ) , 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 Gilberts 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 44)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 Gilberts 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 Gilberts and the City of Elgin deem it to be in their own interests to agree to a boundary line between 47, J f the Village of Gilberts and the City of Elgin for planning and annexation purposes; and WHEREAS, the Village of Gilberts 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 Gilberts and for the City of Elgin through the Fox River Water Reclamation District (FRWRD) ; and WHEREAS, the Village of Gilberts 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 uservices 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 Gilberts and the City of Elgin; and WHEREAS, it is in the mutual interests of the Village of Gilberts and the City of Elgin to plan for development and to provides 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 Gilberts Jurisdictional Area" shall be subject to the jurisdiction of the Village of Gilberts 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 Gilberts . The City of Elgin shall refrain from objecting in any and all proceedings necessary to establish said FPA and jurisdictional boundaries. The 47) City of Elgin further agrees not to otherwise oppose the Village of Gilberts request to amend sanitary sewer FPAs for property located in the Village of Gilberts 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 Gilberts shall refrain from objecting in any and all proceedings necessary to establish said FPA and jurisdictional boundaries . The Village of Gilberts further agrees not to otherwise oppose the City of Elgin 4111) 3 (ow 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 Gilberts 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 Gilberts 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 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 4 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 417) 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 Gilberts 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 4111) 5 J + r rk 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 GILBERTS CITY OF ELGIN By By Village President Mayor Attest : Attest : Village Clerk City Clerk F:\Legal Dept\Agreement\Boundary Agreement-Village of Gilberts.doc fek DRAFT 10/30/03 6 I h 1, _ 1 �' I! �1 ._-_`_'--Jr� ! ��/ I j .c,,,Jy -I_L _ 1, -. =�' L .'T_, _ .' `1 M..�mei .l- \.. :.I' L��s 1'.--J_ �F::r 1 i I I N\ I I I L— = �' i _a �2 v,� ,:J�=-�, NTI .T_. ai \1 ••L 1 1 1 1 _I -- a- I 11--:1._ F'---k JI I GG _/•-"-•`;-...� I ■A I --J; 4�' j...�� 1' 5�'I i• 1---7-< I I ----Ii 1--- ! 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