93-82 Resolution No. 93-82
RESOLUTION
AUTHORIZING EXECUTION OF A JURISDICTIONAL BOUNDARY AND
LAND USE AGREEMENT BETWEEN THE CITY OF ELGIN AND
THE VILLAGE OF SLEEPY HOLLOW
WHEREAS, the corporate authorities of the City of Elgin
have negotiated and reached agreement with the Village of
Sleepy Hollow concerning the Jurisdictional Boundary and Land
Use Agreement between the City of Elgin and the Village of
Sleepy Hollow; and
WHEREAS, the corporate authorities of the City of Elgin
find it to be in the best interest of the City of Elgin, its
residents and citizens, to have a Jurisdictional Boundary and
Land Use Agreement in effect, with said Jurisdictional
Boundary and Land Use Agreement also within the planning and
development goals and parameters of the City of Elgin.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF ELGIN, ILLINOIS, that Larry L. Rice, City Manager, and
Dolonna Mecum, City Clerk, be and are hereby authorized and
directed to execute a Jurisdictional Boundary and Land Use
Agreement between the City of Elgin and the Village of Sleepy
Hollow, a copy of which is attached hereto and made a part
hereof by reference.
s/ George VanDeVoorde
George VanDeVoorde, Mayor
Presented: March 24 , 1993
Adopted: March 24 , 1993
Vote: Yeas 6 Nays 0
Recorded:
Attest:
s/ Dolonna Mecum
Dolonna Mecum, City Clerk
,03-08-93
JURISDICTIONAL BOUNDARY AND LAND USE AGREEMENT
BETWEEN
THE CITY OF ELGIN AND THE VILLAGE OF SLEEPY HOLLOW
WHEREAS, the City of Elgin, Kane and Cook Counties,
Illinois, and the Village of Sleepy Hollow, Kane County,
Illinois, have each adopted an official comprehensive plan
pursuant to Section 11-12-6 et seq. of the Illinois Municipal
Code; and
WHEREAS, municipalities with overlapping planning
jurisdictions may enter into jurisdictional boundary agreements
pursuant to Section 11-12-9 et seq. of the Illinois Municipal
Code; and
WHEREAS, a jurisdictional boundary and land use agreement
.s a useful tool for the implementation of the aforesaid
official comprehensive plans; and
WHEREAS, there is a substantial area of unincorporated
territory lying within the overlapping jurisdictions of the
comprehensive plans of both the City of Elgin and the Village of
Sleepy Hollow; and
WHEREAS, the City of Elgin and the Village of Sleepy
Hollow recognize that certain territory lying within and between
their present municipal boundaries, hereinafter referred to as
the "Elgin - Sleepy Hollow Planning Area" , and more fully
depicted as the "Elgin Jurisdictional Area" and the "Sleepy
Hollow Jurisdictional Area" on the map attached as Exhibit A, is
a developing area in which it is in their mutual interests to
address emerging issues and concerns shall increase both in
number and complexity related to environmental and economic
impact, population density, land use, stormwater control, and
public facilities; and
WHEREAS, the City of Elgin and the Village of Sleepy
Hollow recognize that the development of the Elgin - Sleepy
Hollow Planning Area shall result in greater demands on
transportation services, police and fire protection, utility
service, and other municipal services; and
WHEREAS, the City of Elgin and the Village of Sleepy
Hollow recognize that land use in the Elgin - Sleepy Hollow
Planning Area should be guided in a manner to avoid undue
pressure on the municipal service capabilities of either party
to this Agreement; and
r
WHEREAS, it is in the mutual interests of the City of
Elgin and the Village of Sleepy Hollow to plan for development
and to provide for the general welfare of their respective
residents by proceeding with development within and expansion
beyond their present municipal boundaries in an orderly and
determined fashion; and
WHEREAS, the City of Elgin and the Village of Sleepy
Hollow are "units of local government" as defined by Article
VII , Section 1, of the Constitution of the State of Illinois; and
WHEREAS, the City of Elgin and the Village of Sleepy
Hollow are "municipalities" within the meaning of the Local Land
Resource Management Planning Act; and
WHEREAS, under Article VII, Section 10 of the
Constitution of the State of Illinois units of local government
are authorized to enter into agreements among themselves to
"exercise, combine or transfer any power or function, in any
manner not prohibited by law or ordinance" ; and
WHEREAS, the establishment of logical municipal
boundaries and areas of municipal authority between
municipalities is a power or function authorized by the
Constitution of the State of Illinois; and
WHEREAS, in arriving at this Agreement the City of Elgin
and the Village of Sleepy Hollow have given consideration to the
natural flow of stormwater drainage and, when practical , have
included all of a single tract of land having common ownership
within the jurisdiction of only one municipality; and
WHEREAS, the City of Elgin and the Village of Sleepy
Hollow have authorized, by duly passed resolution, the execution
of this agreement as an exercise of intergovernmental
cooperation;
NOW, THEREFORE, in consideration of the mutual promises
contained herein, it is hereby agreed between the City of Elgin
and the Village of Sleepy Hollow as follows :
A. Planning Area. The territory lying within and between the
present municipal boundaries of the City of Elgin and the
Village of Sleepy Hollow, hereinafter referred to as the
"Elgin - Sleepy Hollow Planning Area" for the purpose of
eneal ?and ss.e and deve opment planning shall be as
illustrated on Exhibit A attached hereto.)
2
That the aforesaid planning area is depicted on the map
attached hereto and made a part hereof as Exhibit A.
B. Jurisdictional Boundary. The boundary line between the City
of Elgin and the Village of Sleepy Hollow for the purpose of
establishing their respective jurisdictions for municipal
planning and subdivision control, shall b as! escribed- onJ
"Exhibit B attached hereto.
That portion of the Elgin - Sleepy Hollow Planning Area
lying south and west of the jurisdictional boundary line
shall be subject to the jurisdiction of the City of Elgin
for the purposes set forth by this paragraph and is
hereinafter referred to as the Elgin Jurisdictional Area.
That portion of the Elgin - Sleepy Hollow Planning area
lying north and east of the jurisdictional boundary line
shall be subject to the jurisdiction of the Village of
Sleepy Hollow for the purposes set forth by this paragraph
and is hereinafter referred to as the Sleepy Hollow
Jurisdictional Area.
That the aforesaid jurisdictional boundary line and
jurisdictional areas are depicted on the map attached hereto
and made a part hereof as Exhibit A.
C. Land Use Guidelines. The Elgin - Sleepy Hollow Planning
Area shall be developed in substantial conformance to the
land use guidelines depicted on the map attached hereto and
made a part hereof as Exhibit A, and as defined and limited
as follows :
1 . Community Facilities. This land use designation shall
consist of general governmental, recreational,
educational, social, religious, and transportation
services . Community facility uses are not restricted
in the Elgin - Sleepy Hollow Planning area.
2 . Residential. This land use designation shall consist
of diverse housing types within a range of densities
which may be served by private, individual water well
and waste water treatment systems; or by public water
and sanitary sewer systems .
3 . Office, Research, Industrial. This land use
designation shall consist of an office-industrial
environment in a campus or business park setting
served by public water and sanitary sewer systems .
4 . General Industrial. This land use designation shall
consist of an industrial park environment served by
public water and sanitary sewer systems .
3
5 . Area Business. This land use designation shall
consist of a business environment offering commodities
and services to an area including several
neighborhoods served by public water and sanitary
sewer systems .
6 . Landfills Prohibited. The Elgin - Sleepy Hollow
Planning Area features a substantial amount of
environmentally sensitive areas . The environmentally
sensitive areas are comprised of various combinations
of topographic, soils, surface water, and natural area
limitations . Consequently, the establishment of a
landfill is environmentally undesirable and
inappropriate. Accordingly, the City of Elgin and the
Village of Sleepy Hollow shall work cooperatively in
preventing the establishment of a sanitary landfill
within the Elgin - Sleepy Hollow Planning Area.
7 . Sanitary Sewer and Municipal Water Service. Sleepy
Hollow shall not expand the current boundaries of its
Facility Planning Area (FPA) or provide sanitary sewer
service or water service beyond its current FPA west
of Randall Road or south of its existing FPA
boundary. Upon proper filing by the owners of record
of a majority of the territory, the Sleepy Hollow
corporate authorities shall pass an ordinance
disconnecting territory annexed to Sleepy Hollow and
located in the Elgin Facility Planning Area.
8 . Conformance to Provisions. With respect to the Elgin
Jurisdictional Area as shown on Exhibit A, the City of
Elgin shall give thirty (30) days written notice to
the Village of Sleepy Hollow prior to the approval of
any amendment to the Elgin Official Comprehensive Plan
adopted on June 6, 1983 and amended on January 24 ,
1990, approval of any annexation agreement, or
approval of any land use; any of which substantially
deviates from the provisions of this Agreement.
With respect to the Sleepy Hollow Jurisdictional Area
as shown on Exhibit A, the Village of Sleepy Hollow
shall give thirty (30) days written notice to the City
of Elgin prior to the approval of any amendment to the
Sleepy Hollow Official Comprehensive Plan adopted on
Vecember 31, 1992 , approval of any annexation
agreement, or approval of any land use; any of which
substantially deviates from the provisions of this
Agreement.
Upon request of the municipality so notified, that
municipality shall be given the opportunity to review
any such proposal and be heard on any such proposal
prior to any final action thereon. Within thirty ( 30)
days after such opportunity to review and be heard on
such proposal, the reviewing municipality may file a
4
•
written objection to such proposed substantial
deviation from the provisions of this Agreement.
While such objection remains in effect, the other
municipality shall not take any action inconsistent
therewith.
D. Transfer of Authority. Neither municipality 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 A, except as
specified herein or upon a subsequent joint written
agreement, duly authorized by the corporate authorities of
both municipalities . Each municipality shall actively
oppose any attempt to effect an annexation to its respective
municipality which is inconsistent with this Agreement.
E. Statutory Zoning Objections Unaffected. This Agreement
shall not be construed so as to limit or adversely affect
the right of either municipality to file a statutory
objection to the proposed rezoning of unincorporated
territory or to exercise other statutory land use authority,
other than general land use planning, annexation, and
subdivision control as herein specified, within one and
one-half ( 1 1/2 ) miles of its corporate limits or within any
unincorporated area as may from time to time be provided by
statute.
F. Amendment. Neither the City of Elgin nor the Village of
Sleepy Hollow shall, directly or indirectly, seek any
modification of this Agreement through court action and this
Agreement shall remain in full force and effect until
amended or changed through a joint written agreement, duly
authorized by the corporate authorities of both
municipalities .
G. Partial Invalidity. If any provision of this Agreement
shall be declared invalid for any reason, such invalidation
shall not affect other provisions of this Agreement which
can be given effect without the invalid provision and to
this end the provisions of this Agreement are to be
severable.
H. Illinois Law. This Agreement shall be construed in
accordance with the laws of the State of Illinois and shall
be published by the respective municipalities and recorded
or filed with appropriate County Recorders, County Clerks,
and others as their interest may appear.
Teraf.---=This Agreement "shall ex ire "twent 20 f. ears from
.„;the date 'hereof unless extended -by mutual'=' yreement of the
parties.
5
IN WITNESS WHEREOF, the parties have ho=to set
their hands and seals this aS,4 day of 411 �f►. , 1993.
CITY i EON-
BY
ATT T:
CITY CLERK 4
VILLAGE OF - EEP HOLLOW
BY
PRESIDENT
ATTEST:
//),A611W/L/2__)
VILLAGE CLERK
6
EXHIBIT B
LEGAL DESCRIPTION
JURISDICTIONAL BOUNDARY AND LAND USE AGREEMENT
BETWEEN
THE CITY OF ELGIN AND THE VILLAGE OF SLEEPY HOLLOW
Commencing at the intersection of State Route 31 and Boncosky
Road; thence southerly along the westerly right of way line of
State Route 31 , a distance of 1600 feet more or less to the
point of beginning; thence northwesterly, a distance of 297 . 9
feet; thence southwesterly, a distance of 288 . 7 feet; thence
northwesterly, a distance of 226 . 8 feet; thence southwesterly, a
distance of 684 . 2 feet; thence northwesterly, a distance of 1400
feet more or less to the westerly line of Section 34 in Dundee
Township; thence south, a distance of 1 , 320 feet more or less to
the corporate limit of the City of Elgin; thence west, a
distance of 2 ,640 feet; thence south, a distance of 1,080 feet
more or less to the northerly line of the Northwest Toll Road
( I-90) ; thence northwesterly along the northerly line of the
Northwest Toll Road, a distance of 5, 700 feet more or less to
the easterly line of the Northwest Quarter of Section 32 in
Dundee Township; thence north, a distance of 1, 900 feet more or
less; thence westerly, a distance of 1, 320 feet more or less;
thence north, a distance of 800 feet to the corporate limit of
the Village of Sleepy Hollow; thence continuing north along
Randall Road from the northwest corner of Section 29 of Dundee
Township, Kane County, Illinois .
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EGEND
RESIDENTIAL \\ OFFICE, RESEARCH, INDUSTRIAL
AREA BUSINESS \\ GENERAL INDUSTRIAL pLANNING DEPARTMENT
IvA ■ ■ JURISDICTIONAL BOUNDARY LINE CITY OF ELGIN
�
JANUARY 22, 1993
V. BELL
11 •
; 9, - Agenda Item No. (2)
(70March 5, 1993
TO: Mayor and Members of the City Council
FROM: Larry L. Rice, City Manager
SUBJECT: Approval of Sleepy Hollow Water and Boundary
Agreements
This item includes two proposed agreements between the
City and the Village of Sleepy Hollow, the first involving an
amended water agreement and the second a boundary agreement.
WATER AGREEMENT
The City currently serves water to the Village of Sleepy
Hollow under an agreement last updated in 1980 through 2001 .
Under that agreement the Village has been limited in its peak
hour consumption of water, which if exceeded more than five
times in one year, results in a 50% surcharge to the follow-
ing calendar year's water bills . This past summer consump-
tion did exceed the limit and the Village approached the City
about amending the contract. The City Council authorized
discussions and the attached agreement has been approved by
the Village of Sleepy Hollow and is submitted to the City
Council for your approval .
The changes and conditions in the new document are essen-
tially as follows :
( 1) The previous restriction on the consumption of
water during peak days or peak hours is removed now
that the City has sufficient water to supply all
the needs of the Village.
(2) It therefore removes the penalty which would have
applied for the entire 1993 year of bills such that
the Village will not be paying the penalty charg-
es .
• Mayor and Members of the City Council
March 5, 1993
Page 2
• (3) A second point of delivery is authorized at North
McLean and I-90 to supply the lower pressure zone
of Sleepy Hollow. This will likely result in fu-
ture connection of the rest of the Village resi-
dents .
(4) The necessary improvements will be made by the
Village of Sleepy Hollow, and any of those improve-
ments within the city limits of Elgin shall become
the property of Elgin.
(5) Sleepy Hollow will not sell water to any property
beyond its current FPA. The Village would there-
fore not be providing water to the property it
recently annexed west of Randall Road.
(6) The rate to Sleepy Hollow will remain at 1 . 25 times
the lowest Elgin residential water rate.
( 7) The amended contract is for a period of 20 years .
BOUNDARY AGREEMENT
In addition to the amended water agreement, the attached
boundary agreement has been developed for City Council ' s
consideration. The essential points of the agreement include:
( 1) The boundary line for future annexation between the
two municipalities is established at the current
city limits of the City of Elgin from Route 31 to
Route 72 - except for the fruit ranch property
recently annexed by the Village west of Randall
Road.
(2) The fruit ranch property (currently zoned residen-
tial by the Village) will not be provided water or
sewer by the Village. At such time as the property
might wish to develop, Sleepy Hollow shall pass an
ordinance disconnecting that territory so that it
can annex to the City of Elgin and receive service.
(3) The unincorporated southeast corner of Randall Road
and Route 72 - which is expected to be annexed by
Sleepy Hollow at some future time - will be limited
to residential development. The southwest corner
of that intersection currently inside the City of
Elgin is designated for commercial development.
Neither municipality may change the zoning or amend
its comprehensive plan without the consent of the
other (the actual map will be available for Council
review at your Council meeting) .
Mayor and Members of the City Council
March 5, 1993
Page 3
FINANCIAL IMPACT
The direct financial impact to the City over the term of
the two agreements is in the area of water revenues which
will decrease in 1993 due to the removal of the penalty
clause but increase over the future years with the increased
consumption by the Village.
RECOMMENDATION
The attached boundary agreement and amended water ser-
vice agreement with the Village of Sleepy Hollow have both
been approved by the Village and are recommended for approval
by the City Council .
/
Larry L. ice, Manager
LLR:amp
Attachments
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