S14-04 Recorded SANDY WEGMAN
RECORDER
KANE COUNTY, IL
RECORDED ON
04/12/2004 03:37PM
REC FEE: 39.00
PAGES: 18
INTERGOVERNMENTAL AGREEMENT BETWEEN THE
VILLAGE OF PINGREE GROVE 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
Ordinance No. S14-04
AN ORDINANCE
AUTHORIZING AN INTERGOVERNMENTAL AGREEMENT BETWEEN
THE VILLAGE OF PINGREE GROVE 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 Pingree
Grove regarding jurisdictional boundaries and facility planning areas, a copy of which is attached
hereto and made a part hereof by reference.
s/Ed Schock
Ed Schock, Mayor
Presented: March 31, 2004
Passed: March 31, 2004
Omnibus Vote: Yeas: 6 Nays: 0
Recorded: April 1, 2004
Published: April 1, 2004
Attest:
s/Dolonna Mecum
Dolonna Mecum, City Clerk
3/30/04
INTERGOVERNMENTAL AGREEMENT BETWEEN THE
VILLAGE OF PINGREE GROVE AND THE CITY OF ELGIN
REGARDING JURISDICTIONAL BOUNDARIES AND FACILITY PLANNING AREAS
THIS AGREEMENT is made and entered into this 31st day of
March, 2004 , by and between the VILLAGE OF PINGREE GROVE, an
Illinois municipal corporation, Kane County, Illinois (hereinafter
referred to as the "Village of Pingree Grove" ) , 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 Pingree Grove 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 Pingree Grove 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
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WHEREAS, the Village of Pingree Grove and the City of Elgin
deem it to be in their own respective interests to agree to a
boundary line between the Village of Pingree Grove and the City of
Elgin for planning and annexation purposes; and
WHEREAS, the City of Elgin uses a wastewater treatment system
through the Fox River Water Reclamation District (FRWRD) and
wastewater within the Village of Pingree Grove is currently
regulated under the jurisdiction of the Kane County Health
Department; and
WHEREAS, the Village of Pingree Grove and the City of Elgin
desire to cooperate, by way of this agreement , to provide for
Facility Planning Area (FPA) boundary lines to allow themselves to
more efficiently provide wastewater services within the area
assigned to each municipality by this agreement ; and
WHEREAS, each party hereto understands that this agreement is
not binding on the Illinois Environmental Protection Agency (IEPA) ,
or on the Northeastern Illinois Planning Commission (NIPC) , and
that the purpose of this agreement is to describe areas, given
existing conditions, for providing wastewater services in the
parties ' respective territories as hereinafter identified in this
agreement; and
WHEREAS, it is in the mutual interests of the Village of
Pingree Grove and the City of Elgin to plan for development and to
provide for the general welfare of their respective residents by
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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 with an area of detail depicting a
portion of such Exhibit 1 being attached hereto and made a part
hereof as Exhibit 1A.
2 . The parties agree that the area lying within the area
designated on Exhibit 1 as the "Village of Pingree Grove
Jurisdictional Area" shall be subject to the jurisdiction of the
Village of Pingree Grove for annexation, land use planning, zoning
and subdivision control, shall be made a part of the jurisdictional
boundaries of the Village of Pingree Grove, and shall be
established within a Village of Pingree Grove FPA for the purposes
of providing wastewater treatment services by the Village of
Pingree Grove . The City of Elgin shall refrain from objecting in
any and all proceedings necessary to establish said FPA and
jurisdictional boundaries . The City of Elgin further agrees not to
otherwise oppose any Village of Pingree Grove request to amend its
FPA boundaries for property located in the Village of Pingree Grove
Jurisdiction Area. Notwithstanding the foregoing, or anything else
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to the contrary in this agreement, it is agreed and understood that
the City of Elgin is not and does not agree that the Village of
Pingree Grove may act to annex, exercise any zoning authority or
subdivision control or request the establishment of a Facility
Planning Area for any property located within the Village of
Gilberts Jurisdictional Area, Village of Hampshire Jurisdictional
Area and/or the Village of Burlington Jurisdictional Area as such
areas are defined and described in the City of Elgin' s
intergovernmental agreements regarding jurisdictional boundaries
and facility planning areas with the Village of Gilberts, Village
of Hampshire and the Village of Burlington.
3 . The parties agree that the area lying generally east,
south and west of the Village of Pingree Grove Jurisdictional Area
on Exhibit 1 and 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, shall be part of the jurisdictional boundaries
of the City of Elgin, and shall be made part of the FPA for FRWRD
that includes the City of Elgin for the purposes of providing
wastewater treatment services by the City of Elgin through FRWRD.
The Village of Pingree Grove shall refrain from objecting in any
and all proceedings necessary to establish said FPA and
jurisdictional boundaries . The Village of Pingree Grove further
agrees not to otherwise oppose the City of Elgin and/or FRWRD' s
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request to amend its FPA boundaries for property located in the
City of Elgin Jurisdictional Area.
4 . Neither the Village of Pingree Grove 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 Pingree Grove 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 . Notwithstanding the foregoing, or anything else to the
contrary in this agreement, it is agreed and understood that the
City of Elgin is not and does not agree that the Village of Pingree
Grove may act to annex, exercise any zoning authority or
subdivision control or request the establishment of a Facility
Planning Area for any property located within the Village of
Gilberts Jurisdictional Area, Village of Hampshire Jurisdictional
Area and/or the Village of Burlington Jurisdictional Area as such
areas are defined and described in the City of Elgin' s
intergovernmental agreements regarding jurisdictional boundaries
and facility planning areas with the Village of Gilberts, Village
of Hampshire and the Village of Burlington.
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
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(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 . Notwithstanding the
foregoing, or anything else to the contrary in this agreement, it
is agreed and understood that the City of Elgin is not and does not
agree that the Village of Pingree Grove may act to annex, exercise
any zoning authority or subdivision control or request the
establishment of a Facility Planning Area for any property located
within the Village of Gilberts Jurisdictional Area, Village of
Hampshire Jurisdictional Area and/or the Village of Burlington
Jurisdictional Area as such areas are defined and described in the
City of Elgin' s intergovernmental agreements regarding
jurisdictional boundaries and facility planning areas with the
Village of Gilberts, Village of Hampshire and the Village of
Burlington.
6 . The Village of Pingree Grove shall within fourteen (14)
days of the entry into and execution of this agreement file with
NIPC in connection with its application for a Facility Planning
Amendment currently pending before NIPC a copy of this agreement
and a request to establish FPA boundaries consistent with the terms
of this agreement . The Village of Pingree Grove shall also take
such further actions as are reasonably necessary to accomplish such
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request to NIPC including, but not limited to, filing any necessary
amendments to its application for a Facility Planning Amendment
currently pending before NIPC . The Village of Pingree Grove has
advised the City of Elgin that it will be filing for an amended
Facility Planning Area for the area identified in the Lintech
Engineering LLC map identifying a proposed Facility Planning Area
boundary attached hereto and made a part hereof as Exhibit 2 .
Notwithstanding the foregoing, or anything else to the contrary in
this agreement, it is agreed and understood that the City of Elgin
is not and does not agree that the Village of Pingree Grove may act
to annex, exercise any zoning authority or subdivision control or
request the establishment of a Facility Planning Area for any
property located within the Village of Gilberts Jurisdictional
Area, Village of Hampshire Jurisdictional Area and/or the Village
of Burlington Jurisdictional Area as such areas are defined and
described in the City of Elgin' s intergovernmental agreements
regarding jurisdictional boundaries and facility planning areas
with the Village of Gilberts, Village of Hampshire and the Village
of Burlington.
7 . The City of Elgin shall within fourteen (14) days of the
entry into and execution of this agreement file with NIPC in
connection with its application for a Facility Planning Amendment
currently pending before NIPC a copy of this agreement and a
request to establish FPA boundaries consistent with the terms of
7
this agreement . The City of Elgin shall also take such further
actions as are reasonably necessary to accomplish such request to
NIPC including, but not limited to, filing any necessary amendments
to its application for a Facility Planning Amendment currently
pending before NIPC.
8 . The Village of Pingree Grove hereby agrees that upon and
after the Village of Pingree Grove obtaining or receiving a final
and non-appealable approval of an FPA boundary consistent with the
Village of Pingree Grove Jurisdictional Area depicted in Exhibit 1,
or upon or after the Village of Pingree Grove waiving its right to
terminate this agreement as provided in Paragraph 12 hereof, any
and all territory included within the City of Elgin Jurisdictional
Area as identified in Exhibit 1 hereto that is upon the border but
within the boundary of the Village of Pingree Grove, shall be
disconnected from the Village of Pingree Grove after the filing of
a written petition signed by the owners of record representing a
majority of the area of land in such territory. In the case of
such a written petition filed with the Village of Pingree Grove the
corporate authorities of the Village of Pingree Grove shall pass an
ordinance providing for the disconnection of the territory from the
Village of Pingree Grove . In the case of such a written petition
filed in the Circuit Court the Village of Pingree Grove shall agree
to the entry of an agreed order providing for the disconnection of
the territory from the Village of Pingree Grove . The Village of
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Pingree Grove does hereby further agree that nothing in this
agreement is intended or shall be construed as providing a basis
for continuing, staying or delaying the currently pending
disconnection case in the Circuit Court of Kane County of State
Bank of Geneva, as Trustee, etc . , et al . v. Village of Pingree
Grove, Case No. 03 MC 005 (the "Subject Disconnection Case" ) . The
Village of Pingree Grove hereby expressly agrees not to ask for any
stay or delay of the Subject Disconnection Case or for any
unreasonable continuance of a trial date of the Subject
Disconnection Case and hereby agrees that the Subject Disconnection
Case shall proceed to trial as soon as possible . The Village of
Pingree Grove further agrees that within fourteen (14) days of the
Village of Pingree Grove obtaining and receiving a final and non-
appealable approval of an FPA boundary consistent with the Village
of Pingree Grove Jurisdictional Area depicted in Exhibit 1, or
within fourteen (14) days of the Village of Pingree Grove waiving
its right to terminate this agreement as provided in Paragraph 12
hereof, and in the event the territory described in the Subject
Disconnection Case has yet to be disconnected from the Village of
Pingree Grove, that the Village of Pingree Grove will stipulate and
agree without conditions to the entry of a judgment order in the
Subject Disconnection Case providing for the immediate
disconnection from the Village of Pingree Grove of the territory
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described in the Subject Disconnection Case and further waiving any
and all rights to appeal from such judgment order.
9 . 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 , 5, 6, 7 or 8 , 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.
10 . This agreement is not intended and shall not be construed
to apply to any area or property not located within either the
Village of Pingree Grove Jurisdictional Area or the City of Elgin
Jurisdictional Area depicted in Exhibit 1 it being the express
intention of the parties hereto that this agreement shall not apply
to nor restrict the parties actions with respect to any area or
property not within either the Village of Pingree Grove
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Jurisdictional Area or the City of Elgin Jurisdictional Area
depicted in Exhibit 1 .
11 . In the event that in connection with the Village of
Pingree Grove' s application for a Facility Planning Amendment
currently pending before NIPC the Village of Pingree Grove does not
obtain or receive approval of an FPA boundary consistent with the
Village of Pingree Grove Jurisdictional Area depicted in Exhibit 1,
then the Village of Pingree Grove may elect to terminate this
agreement . In the event the Village of Pingree Grove elects to so
terminate this agreement, written notice thereof shall be given by
the Village of Pingree Grove to the City of Elgin within ninety
(90) days of the final and non-appealable decision on the Village
of Pingree Grove' s currently pending FPA amendment application, and
thereupon, this agreement shall be null and void and the parties
hereto shall have no further obligations hereunder. In the absence
of written notice within the time specified herein, the right to
terminate this agreement pursuant to this paragraph shall be deemed
waived by the Village of Pingree Grove and this agreement shall
remain in full force and effect .
12 . In the event that in connection with the City of Elgin' s
application for a Facility Planning Amendment currently pending
before NIPC the City of Elgin does not obtain or receive approval
of an FPA boundary consistent with the City of Elgin Jurisdictional
Area depicted in Exhibit 1, then the City of Elgin may elect to
11
terminate this agreement . In the event the City of Elgin elects to
so terminate this agreement, written notice thereof shall be given
by the City of Elgin to the Village of Pingree Grove within ninety
(90) days of the final and non-appealable decision on the City of
Elgin' s currently pending FPA amendment application, and thereupon,
this agreement shall be null and void and the parties hereto shall
have no further obligations hereunder. In the absence of written
notice within the time specified herein, the right to terminate
this agreement pursuant to this paragraph shall be deemed waived by
the City of Elgin and this agreement shall remain in full force and
effect .
13 . That with respect to the properties located or to be
located within the City of Elgin Jurisdictional Area which are
located on Route 20 or on Damisch Road and which abut properties
within the Village of Pingree Grove Jurisdictional Area, the City
agrees that as part of the development of such properties within
the City of Elgin Jurisdictional Area to require the following
landscape buffering for such properties : Plantings within the
frontage road right-of-way shall include of all of the following
per 100 feet of frontage length: two shade trees with a minimum
three (3" ) inch caliper, two ornamental trees with a minimum two
(211 ) inch caliper or minimum six (61 ) foot height and two (2)
evergreen trees with a minimum six (61 ) foot height . Clustering
and/or staggering of trees may be permitted. That with respect to
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properties to be located within the City of Elgin Jurisdictional
Area which are located on Reinking Road and which abut properties
within the Village of Pingree Grove Jurisdictional Area the City
agrees that as part of the development of such properties within
the City of Elgin Jurisdictional Area to require the following
landscape buffering for such properties : Plantings within the
Reinking Road right-of-way shall include of all of the following
per 100 feet of frontage length: two shade trees with a minimum
three (3" ) inch caliper, two ornamental trees with a minimum two
(2" ) inch caliper or minimum six (61 ) foot height and two (2)
evergreen trees with a minimum six (61 ) foot height . Clustering
and/or staggering of trees may be permitted. For the portions of
the Reinking Road right-of-way located within Pingree Grove,
Pingree Grove hereby consents and agrees to the above described
plantings in the Reinking Road right-of-way.
14 . 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 .
15 . 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,
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which remainder shall remain and continue to be in full force and
effect .
16 . The Village of Pingree Grove 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 PINGREE GROVE CITY OF ELGIN
BY o r- �r. 1 By
Village President ayor
Attest : Attest :
Vill P Clerk City Clerk
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