S1-04 Ordinance No. S1-04
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.
BE IT FURTHER ORDAINED that Ordinance No. S37-03 passed December 3, 2003
authorizing an earlier version of this agreement be and is hereby repealed.
s/Ed Schock
Ed Schock, Mayor
Presented: January 28, 2004
Passed: January 28, 2004
Omnibus Vote: Yeas: 5 Nays: 0
Recorded: January 29, 2004
Published:
Attest:
s/Dolonna Mecum
Dolonna Mecum, City Clerk
•
INTERGOVERNMENTAL AGREEMENT BETWEEN THE
VILLAGE OF GILBERTS AND THE CITY OF ELGIN
REGARDING JURISDICTIONAL BOUNDARIES AND FACILITY PLANNING AREAS
This Instrument Prepared by and
Return to After Recording:
William A. Cogley
Corporation Counsel
City of Elgin
150 Dexter Court
Elgin, IL 60120-5555
12-19-03
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 28th day of
January, 2004 , 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
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
the Village of Gilberts and the City of Elgin for planning and
annexation purposes; and E*HIB
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
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 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.
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 :
2
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 .
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.
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
3
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
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 .
4
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
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
Village Presi ent Mayor
Attest : Attest :
az/e4r2 *de - ` ,jam
Vii age Clerk City Clerk
F:\Legal Dept\Agreement\Boundary Agreement-Village of Gilberts.doc
Draft 12/19/03
5
EXHIBIT 1
Map depicting Village of Gilberts Jurisdictional Area and City of
Elgin Jurisdictional Area
•
: . • ,
ilk.4.4 il,r-
\ V
1--•71"7-r—-1 'Nk ri , , 1 \ i--- ---.,,—,,_„. LH, 1 \ i , i j ,.. ',mit ., : ,, ..,. 1 -.--_—„,,..
....j_r_i-- ....) et- ‘.. :-..- •....,.„,.41.11. .
i " 1 , ; 4 : .. s • i , . az-7 . • ....----
;
—I, ' i ' 1 —1— ' '''' '-,•?; ! - s t •• • . -411. v }L--..;•-t -4
; i ; i 1 • — 1 ,.. Anil' ! ' .i'... i
i!. 1 J-- ''' .' •ip. ''' II
j „ Net
i'-:-_. .1-- 1---,1
)
1 ,,■ i ,,,-1
r----4 1--7-1 ,-. 1 : ' •
' 1. ;, ,,,)---.1.
P,
--L--i'r--4-4.-1 F .....
' 'to 1--- - ---1.–
,
. ' 4 i______,,._....I....-,..,...,.., 1
, ,
I-Th r-• r, i „........E_,,, . , '. '
.......„,....,..... , .....,
-
"•TI"T"'" , I 1 1 , I
=_4.,..
11‘ I I I ' t ,.... 1 . I 1
\ s! i 1 i II nr.
_:`•
461 Etr• s_ ' I ,
. . 11\ ,s,
! .7. #;1 ....16
I 4--•-• M 1 1
11 *i '
7-.4."-*jr-
I r7----i,
:."`r •T,',:;," , ".' - :)..--lia_e_3, ;
air/-iii1 /C .
•
It I i _j___.. ,_____i_l_._ ..-I__ K. i • , -.. 044 1# - - ---•1,-_-.Tit - ,, __.
i
' --- ....
. •A'.:. ,21-111-1421,4.1g . . I. i . :Hi.L....
v.- '4:41,,,,,,,m11, 1 r---......... . -....4 ,....,.,,,,,,,, .,••„
..1.....--., •-• i •.■ RA•Xt . • I ; -••••- '., •I'ailo•rdy,"'_,1•J • 'lt''' .'':$'..1.
I
I I I 1 , I
I i I I ttISAli _ . , i
. 11 t.i _aer. ...,-...... :-. ..,...-4.-AY...J. . .,-,—..
\'\) ... -II ,g,.,...--
r...‹.. '' 1 ' '‘.
,.....,.... .,....;-...&:.-,..-.,: 7,,,..:;,,
. ; 1 i i FT, 1 ' : ...1 ----, s A; 11_,. mil .... 1 i • .1..
, ._ • pri ••; , '160
11_1 I 1 1 . ri i 1
- 0' .11111,,,,,•--, , •_' , .alliNte.'45 ----"ti" '.""477 —.79'it
--'1‘g,- -........ • i !-..
I NS / / 0,4%' "r• .4_,! I . .:,-.,_ , • ,i-It,: -
• 4,, 1 u 1 •-• •4,7.....,,, .‘— • ‘,,...): .• ---4 ei',::
I N It, , , 1 ` .-. q ,
., 1 ..-
I-4
I .1 i / 1
_
----- V-Hi ....7 - 1 ‘, . i I • I fA -,- ; 1 .,- -;-• ; • ).-,.',,-. s.,-;.5.4 1,..-'- _i
- --- 1 . ,
• fa . ::-..-ral _.I- \ '.1.-, 1 , - - - .
, . -,.., ,- . , •„.i ., , ...,.... 0.4„,..
• —
I ,,---tlit 1-; ,,,,, • , 1 , ., t-- ---..Ntr,W-;.•.-,-'....?::.-:.,:-.tr:sAilmi i
.....„...., •
,, 7'
, *
,,,, ...... .
i -1 -. -..,
0 • • 1 ...- w... - ..:4;,...,' '; 1.-- . ;-e
e
, 1
.k,4.,-,. _,.,.--, - •--. -A - ,. ... 4. --L:, f7-,_ p•
1 ,r i ii x •
III , I 1 0'. fift! a-7.:..,...z„-;..A .I 't . '---• ! w sow maim r
! I, .., , L-Ilksam**■.,
— :-...,....,-4 "‘ -IA 1 Zara k
_....,
..... -- r b'- .
1 1
1 i I 1 ___6q1
-I .-, 1 .
i .. ---- •,....4...". .„..., r ..,....--to.-,7,, ' ; ' I abii--,- -
,-, , - , 1 --...,..r.,. - ..,,,. r . ,erftk,ct ri. ______L....... tt...;T..s__.1___ II—.• ,..i
I 1• '
, ., 7".." ••••.411.P.,,j, • . 7'7-7,', ,..t416.41,., IN t*"..P.,„F".. , I
' 1 Iiirr •••-• -
I 1
I
I • s.,,
.1#41•4•I 'ow
, i .1111.....__- .-... .,, •7154•14.4111.1111* ---
--. -.....i_ '',,-L'a.,,,es.13-.2:;:4•;...-,,,,u,. '
!II
, , .
, ____ 1 —T--------
1 I I — -H
'' ', ! _. I— \ I , 1 -------,----.2.4„....zp.i..,10.
;I 1 ---a , L---E-1 i t----r --1, , .....,,, ,,lit.,.. I
.
•
I .,, ---1i
I. i 1 4,, , 17•••.m!r)i.:......-, _ ..„,„„„0:-___ •._,.. •
3 , 1-
-- . ____-...:i-- i _,..5/ l' •*-7; ' "----#
7-I -4...miaittr-
_ --t,, .. • --t-
01111:1! 1 1 \
• , ; --• i__ ________I
.=,
:. Vigt!
----,
—
--,—,_ , ..
.1., , , -• tt.i, 1 1 I /."*.:
--77::. --i- i 1
i Hitilid FPI J , —.1'1;•:•:),;:, I i
°' ' I 7- , -11re.i•V".• ( . i - ■
s' .. i_J 4 i 1 .:, 1 21 Exhibit 1 I.
1. 1 I I ' ; :.'„ . • ,
. 0
. * I I I I i
\ I I ..4 i-
- City of Elgin - Village of Gilberts
, 1 r-4-- 1. Jurisdictional Areas
, _
r_. , , ,
, I :--: •
1 il...____ - , --- ..
T----- 11-1-- —t– -irri"--1 I -----1—".'1 . I A/ Jurisdictional Boundary Line ( )
' :LI ' I -1.
! 1 - , ', 1
i ,---i 4. 0
--I
1 i I .:___....--:- l•
— :--
'' ' I --J.1 1 ■ i 1 -1.:1--i Z'......"7 I M C ta
7;1-44 1 low....
..irr■ 1 '—- . 1 ; t• , i • '......1 . - , p,--.... .
State of Illinois )
County of Kane ) ss .
City of Elgin
CERTIFICATE OF CITY CLERK
I , Dolonna Mecum, DO HEREBY CERTIFY that I am the 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. S1-04
AN ORDINANCE
AUTHORIZING AN INTERGOVERNMENTAL AGREEMENT BETWEEN
THE VILLAGE OF GILBERTS AND THE CITY OF ELGIN REGARDING
JURISDICTIONAL BOUNDARIES AND FACILITY PLANNING AREAS
adopted by the Elgin City Council at its legally convened meeting
held on January 28, 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 30th day of January, 2004 .
hiritl"--(1?„
City Clerk
(SEAL)
Ordinance No. S1-04
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.
BE IT FURTHER ORDAINED that Ordinance No. S37-03 passed December 3, 2003
authorizing an earlier version of this agreement be and is hereby repealed.
s/Ed Schock
Ed Schock, Mayor
Presented: January 28, 2004
Passed: January 28, 2004
Omnibus Vote: Yeas: 5 Nays: 0
Recorded: January 29, 2004
Published:
Attest:
s/Dolonna Mecum
Dolonna Mecum, City Clerk
Ordinance No. 04-02
VILLAGE OF GILBERTS
An Ordinance Approving an Intergovernmental
Agreement between the Village of Gilberts and the City of Elgin
WHEREAS, the Village of Gilberts("Gilberts")and the City of Elgin("Elgin")are units
of local government as defined by Article VII, Section 1 of the Constitution of the State of
Illinois of 1970; and
WHEREAS, units of local government are enabled by Article VII, Section 10 of the
Constitution of the State of Illinois of 1970 to enter into agreements 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 ordinance; and,
WHEREAS, 65 ILCS 5/11-12-9, as amended, provides that if unincorporated
territory is within one and one-half(1-1/2) miles of two(2)or more municipalities that have
adopted official comprehensive plans,the corporate authorities involved may agree upon a
line which shall mark the boundaries of the jurisdiction of each of the corporate authorities
who have adopted such agreements; and,
WHEREAS, Gilberts and Elgin have each adopted such official comprehensive
plans and have negotiated the terms of an Intergovernmental Jurisdictional Boundary Line
Agreement, a copy of which is attached hereto as Exhibit "A: and is, by this reference,
incorporated herein ( the "Agreement"); and,
WHEREAS, Gilberts desires to enter into said Agreement as an exercise of its
intergovernmental cooperation authority under the Constitution of Illinois, and its authority
to enter into jurisdictional boundary agreements pursuant to 65 ILCS 5/11-12-9 as
amended; and
WHEREAS, municipalities are authorized by the Local Land Planning Act, 50 ILCS
805/1 et seq, to adopt, implement and enforce joint or compatible local land resource
management plans; and
WHEREAS, the Corporate Authorities of this municipality have determined that said
Agreement is in the best interests of this Village.
NOW,THEREFORE, Be it Ordained by the President and Board of Trustees of the
Village of Gilberts, Kane County, Illinois, that:
Section 1. The corporate authorities hereby find that the statements in the
preamble of this Ordinance are true and are incorporated herein by reference as
substantive provisions of this Ordinance.
Section 2. The Agreement between this Village and the City of Elgin presented to
this Village is hereby approved substantially in the form presented and attached hereto as
Exhibit A and the President and Village Clerk are authorized to sign said Agreement on
behalf of this municipality.
Section 3. This Ordinance shall be in full force and effect from and after its
passage, approval by this municipality and the approval of the Agreement by the Village of
Huntley and upon publication as provided by law. This Ordinance shall be published in
pamphlet form.
Passed this 6th day of JANUARY, 2004 by roll call vote as follows:
Ayes Nays Absent Abstain
Trustee Samuel Boytor ✓
Trustee Jesse Garcia
Trustee William Lindoerfer
Trustee Ronald Mengarelli ✓
Trustee Gordon Mueller ✓
Trustee Thomas Wadja r/
President Everett Clark
APPROVED THIS 6th DAY OF JANUARY, 2004:
p I sk
Everett Clark
Village President
(SEAL)
ATTEST: ( -AMaJ
Vill e Clerk Darlene Mueller
Published: /No
32793_1/clr