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Home My WebLink AboutS34-04 (2) Ordinance No. S34-04 AN ORDINANCE AUTHORIZING AN INTERGOVERNMENTAL AGREEMENT BETWEEN THE VILLAGE OF SOUTH ELGIN AND THE CITY OF ELGIN REGARDING JURISDICTIONAL BOUNDARIES 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 South Elgin regarding jurisdictional boundaries,a copy of which is attached hereto and made a part hereof by reference. s/Ed Schock Ed Schock, Mayor Presented: November 17, 2004 Passed: December 1, 2004 Vote: Yeas: 6 Nays: 0 Recorded: December 2, 2004 Published: Attest: s/Dolonna Mecum Dolonna Mecum, City Clerk 2005K016355 SANDY WEGMAN RECORDER KANE COUNTY, IL RECORDED ON 02/09/2005 01:46PM REC FEE: 34.00 PAGES: 13 INTERGOVERNMENTAL AGREEMENT BETWEEN THE VILLAGE OF SOUTH ELGIN AND THE CITY OF ELGIN REGARDING JURISDICTIONAL BOUNDARIES This Instrument Prepared by and Return to After Recording: DOLONNA MECUM '., City Clerk �� ex/ City of Elgin 150 Dexter Court Elgin, IL 60120-5555 Pi(,,? .1' I Draft 9/2/04 INTERGOVERNMENTAL AGREEMENT BETWEEN THE VILLAGE OF SOUTH ELGIN AND THE CITY OF ELGIN REGARDING JURISDICTIONAL BOUNDARIES THIS AGREEMENT is made and entered into this 67// day of ?._ /11,3 g 2004 , by and between the VILLAGE OF SOUTH ELGIN, an Illinois municipal corporation, Kane County, Illinois (hereinafter referred to as the "Village of South Elgin" ) , 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 South Elgin 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 South Elgin 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 South Elgin and the City of Elgin deem it to be in their own respective interests to agree to a boundary line between the Village of South Elgin and the City of Elgin for planning and annexation purposes; and WHEREAS, it is in the mutual interests of the Village of South Elgin 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. 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 South Elgin Jurisdictional Area, " lying generally south of the line depicted thereon, shall be subject to the jurisdiction of the Village of South Elgin for annexation, land use planning, zoning and subdivision control . 3 . The area designated on Exhibit 1 as the "City of Elgin Jurisdictional Area, " lying generally north and west 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 4 . Neither the Village of South Elgin nor the City of Elgin shall act to annex or exercise any zoning authority or subdivision 2 control authority within the jurisdictional area of the other municipality as depicted on Exhibit 1 nor will either the Village of South Elgin 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 FRWRD on behalf of either party) 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 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 3 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 South Elgin and the City of Elgin each shall adopt an ordinance approving the terms and provisions of this agreement and authorizing the Village Mayor 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 SOUTH ELGIN CITY OF ELGIN By By Mayor ayor Attest : 4' 001 k.. Attest : o F o /` GC)104 ,4( Village ' -1k City Clerk "TE OF 1%-\"' F:\Legal Dept\Agreement\Boundary Agreement-Village of South Elgin.doc Draft 9-2-04 5 linnlislit gib,. • Ai .., - , II _. 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I - ' . intgatti tioie. in .../ E1 ' .v4gy -7 MN'S 1 ". _ILIIFIM- A 1 i 14,0041.10ki% '---1 ''''&'''. 3' -'.'IM'Pl ALI&4•14'.1..!Al all II 5 State of Illinois) County of Kane) ss City of Elgin ) CERTIFICATE OF CITY CLERK I, Dolonna Mecum, DO HEREBY CERTIFY that I am the duly qualified 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 of Elgin and the seal thereof I DO FURTHER CERTIFY that the attached is a full, true, and correct copy of: ORDINANCE NO. S34-04 AN ORDINANCE AUTHORIZING AN INTERGOVERNMENTAL AGREEMENT BETWEEN THE VILLAGE OF SOUTH ELGIN AND THE CITY OF ELGIN REGARDING JURISDICTIONAL BOUNDARIES passed by the Elgin City Council at its legally convened meeting held on December 1, 2004. 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 February 9, 2005. City Clerk (SEAL) This instrument prepared by: Return to: William A. Cogley Dolonna Mecum Corporation Counsel Elgin City Clerk City of Elgin 150 Dexter Court 150 Dexter Court Elgin, IL 60120 Elgin, IL 60120 Ordinance No. S34-04 AN ORDINANCE AUTHORIZING AN INTERGOVERNMENTAL AGREEMENT BETWEEN THE VILLAGE OF SOUTH ELGIN AND THE CITY OF ELGIN REGARDING JURISDICTIONAL BOUNDARIES 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 South Elgin regarding jurisdictional boundaries,a copy of which is attached hereto and made a part hereof by reference. s/Ed Schock Ed Schock, Mayor Presented: November 17, 2004 Passed: December 1, 2004 Vote: Yeas: 6 Nays: 0 Recorded: December 2, 2004 Published: Attest: s/Dolonna Mecum Dolonna Mecum, City Clerk CERTIFICATION I, the undersigned, do hereby certify that I am the Village Clerk of the Village of South Elgin, Kane County, Illinois, and that the foregoing is a true and exact coy of Ordinance 2004 - q3 enacted on aG• 10 , 2004, and approved on , 2004 as the same appears from the official records of the Village of South Elgin. Village Cferk, Margaret M. Gray 1� VILLAGE OF SOUTH ELGIN ORDINANCE NO. 2004 - Q3 AN ORDINANCE AUTHORIZING THE EXECUTION OF AN INTERGOVERNMENTAL AGREEMENT WITH THE CITY OF ELGIN ADOPTED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF SOUTH ELGIN, KANE COUNTY ILLINOIS THIS (u't DAY OF1c e b.e,E— , 2004 PUBLISHED IN PAMPHLET FORM BY AUTHORITY OF THE BOARD OF TRUSTEES OF THE VILLAGE OF SOUTH ELGIN, KANE COUNTY, ILLINOIS AS PROVIDED BY LAW THIS Z.e. DAY OFDec e- er 2004 .\ 1 ORDINANCE NO. 2004 - X13 AN ORDINANCE AUTHORIZING THE EXECUTION OF AN INTERGOVERNMENTAL AGREEMENT WITH THE CITY OF ELGIN WHEREAS, The Village of South Elgin, County of Kane, State of Illinois has the authority to adopt ordinances and to promulgate rules and regulations that pertain to its government and affairs to protect the public health, safety and welfare of its citizens; and WHEREAS, Article VII, Section 10 of the Illinois Constitution of 1970 provides that units of local government may 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 by ordinance and may use their credit, revenues and other resources to pay costs related to intergovernmental activities; and WHEREAS, the Illinois Intergovernmental Cooperation Act, 5 ILCS 220/1 et seq. further authorizes intergovernmental cooperation. WHEREAS, Both the Village and the City of Elgin are interested in promoting the orderly development of land on their borders and desire to enter into a boundary agreement concerning future annexation and development of surrounding property; and WHEREAS, the Board of Trustees of the Village of South Elgin finds that it is in the best interest of the Village to enter into the Agreement attached hereto and incorporated herein as Exhibit 1 setting forth a boundary line agreement with the City of Elgin. NOW, THEREFORE, BE IT ORDAINED BY THE VILLAGE OF SOUTH ELGIN, COUNTY OF KANE, STATE OF ILLINOIS,AS FOLLOWS: SECTION ONE: The facts and statements contained in the preambles to this Ordinance are found to be true and correct and are hereby adopted as part of this Ordinance. • • • SECTION TWO: The Village President and Village Clerk are hereby authorized and directed to execute an the Agreement with the City of Elgin, in substantially the same form as is attached hereto as Exhibit 1, agreeing to a boundary between the municipalities for future annexation and development. SECTION THREE: This Ordinance shall be in effect immediately from and after its passage and approval. SECTION FOUR: All prior Resolutions and Ordinances in conflict or inconsistent herewith are hereby expressly repealed only to the extent of such conflict or inconsistency. APPROVED and ADOPTED by the Village President and Board of Trustees of the Village of South Elgin this (1W day of Dec--r».h.es-- 2004 pursuant to roll call vote as follows: AYES:-Ir-0.5 Lees Ward, o L4)e e , Guess 4-1), i SiI v i o (4-) NAYS-T us�ees yrn Q4- 10ciZ-; �.Z) ABSENT:CO ABSTAIN: CO) APPROVED this Co4 day of TP Le v- bei-- , 2004. James W. Hansen, H, Village President ATTEST: GE OF so, Margaret . Gray, V. lage lerk ltiF� ApRIL 2p z 1897 Nr OF ILUe