S37-03 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--- ! 'J7CJJ ' H 1r ' -- ;LJr' 1 r/ '--' I -----1' � � I I �. 11 1 � �. ;1 �-II 1
1 1, 1 — N; II ' 1 JW .i I.ii
=- p _ — -j. J �—� — tea, - „ � 6"1 ' �:,,�y- ICI 4.1 1 I i- T' 1 _.__II ■'--/■ n z o' 'I7] f T 1�1 _f',;,.. �p f 1 ,:haft-r.-.J
6 I 1— ---t I - u f �
� 1 �' I:
� � 1 1 \7.'_.t17-7--.1 I 1 �F� �,� �r I_IZ, ,
_._ r--= ,, 1" I j _ I I j I j I I - II �� �'� I J i T�"� �' r 1 C-1--
; ----I 1 L— "° 1' — — I AILS gild
��Y1 j i! r — L — 1 — I —`...._ d ---� 1 — *► • i..-—{ r ( r t rC ;11�'u�l s
- -'- 1�1 i 1 1 I j• ( ` •� ---�����•`\, • j "1 j '` 'f' II II ,1
__ ! ' I --- I / _ 1
11_.L L.LEI__=—11,212t1,_j \_\ ��_�.� 1 ! i \�\ J/i yI/ _. 1 �,-� \VIII'`\ r P,`.� =M1,111 j�JL l l-1L.1't'r
-f it '� I---I �i` / 1 r i 11 R•---`�,°,_,\ ;,�\-_',..,1', -1\boL !,-.4-,
_
t-j n
°-
----' I I..,'Z ..-.-4)- - - ! -. '---)-4--;4,V : -..,..„) -------,-----T-------1--: ---r, ---- liti—i---7---- - i_bo I -f.i.,,;‘..r.1,4,k;;:::,,i„..1 4,_,,,,,._,.,T 1 \
I a � _ . l — I I 1 ! � ■t .- L�1- L.I.L.-.,R, 3;I. / a, _.et �r,
f�z I ---- � I Al --- ----�" - � L �
--
r- I '�- -� V is,.,._, I �-` � i / �'"\� I l ' I T � 4�
11 I I r - i I I . _ j I'� ' l �_,� ,,_._=---.8, .
1 r - .71--11---- cr} -r �'i-
T t. —1_. T J----1 1 I ( li ,mom`\ -- -�=>�' i ,; IFJ r1- -------1---- - 1--...-_. ,7,_ r_. It :,,
,1'I- y,I I 1 I 1 _i-- I-�. _ _r 7' Tom— -r .-_i_ 1 1' -__ -
_1_- 1 'ili,'1 L >__��— t, 1 ! I j hi G i 1��; �� Y .;
11-i 1-1 i '1'�7 u:r� i"f�— 1 ar !y ,_..Y... I y 1� �T F•'I I I 1 II 1 I \
! .;, ! 1 II �� �J ! I p .1 1---; l -Exhibit I
__'_, 1 I,. I _—.._ . 1 colt I_�l-� I�_:_I L irJj\'` !1 1 —I �i
�_ l ��__ �;� �- � Ir I- Elgin - Village of Gilberts
--r-- ifs_- 1 `II - =
I,
t-.. i 1 —`_= -:.1- 1_ � 1 ` ___ ____------i � j I 1✓1^ ;�`�fi=r��_-:�
J 1 =_ I .-�1I — 1 i 1 Jurisdictional Areas
I �--- ! 1 ! I I
_ j__J --__z I i 1 Jurisdictional Boundary Line
X i
_ I I _ 1 1 �_' E-- .<J1-
I '__ rr -r- t I I 1—' E?i 11 1 Map prepared by City of Elgin-Dept,of Planning 8 Neighborhood Services-November 2003
1— -1I L1 1 I I ! I ,1 t F
w
i'411)
.,44) . {