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HomeMy Public PortalAboutOrdinance 1728., ~ - , #. ORDINANCE NO. 17 2 8 AN ORDINANCE AUTHORIZING THE EXECUTION OF THE FIRST AMENDMENT TO THE JURISDICTIONAL BOUNDARY LINE AGREEMENT BETWEEN THE CITY OF NAPERVILLE, WILL AND DUPAGE COUNTIES, ILLINOIS, AND THE VILLAGE OF PLAINFIELD, WILL COUNTY, ILLINOIS NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF PLAINFIELD, AS FOLLOWS: Section 1: That the Village President be and is hereby authorized and directed to execute on behalf of the Village of Plainfield, Will County, Illinois, the first amendment to the Jurisdictional Boundary Line Agreement between the City of Naperville, and the Village of Plainfield dated November 16, 1987, a true and correct copy of said first amendment is attached hereto and by reference incorporated into this Ordinance, and the Clerk of the Village of Plainfield is hereby authorized and directed on behalf of the Village of Plainfield to attest to the signature of the Village President on said first amendment. Section 2: In the event any word, phrase, clause, sentence, paragraph, provision or section of this Ordinance or any portion thereof shall be held to be unconstitutional, unenforceable or void, the same shall not affect the constitutionality or validity of any remaining words, phrases, clauses, sentences, paragraphs, provisions or sections hereof. This Ordinance shall be in full force and effect from and after its passage and approval as required by law. This Ordinance shall be numbered as Ordinance No. 172s PASSED THIS 7th DAY OF April ~ 1997. AYES: Dement, Heimerdinger, Rock, Smolich, Stalzer. NAYS: p ABSENT: p APPROVED THIS 7th DAY OF April ~ 1997. VILLAGE PRESIDENT - ATTEST: _ `// w VILLAGE CL K Prepared by & mail to: VILLAGE OF PLAINFIELD 23145 W. Lincoln Highway Plainfield, IL 60544 • ~ ( ~ FIRST AMENDMENT TO THE BOUNDARY AGREEMENT BETWEEN THE VILL GE OF PLAINFIELD AND THE CITY_()F NAPF,RyILLE WHEREAS, on November 16, 1987, the Village of Plainfield, Will County, Illinois (hereinafter referred to as "Plainfield"), and the City of Naperville, DuPage and Will Counties, Illinois (hereinafter referred to as "Naperville") entered into a Boundary Line Agreement (hereinafter referred to as the "Agreement") establishing the boundary line for municipal government planning, subdivision control, official map, ordinances and other municipal purposes in the unincorporated area lying between the two municipalities; and WHEREAS, a portion of unincorporated Will and DuPage counties lying between. Plainfield and Naperville, remains a rapidly growing area in Illinois; and WHEREAS, developments under way or in various stages of planning are creating unusual growth opportunities between Plainfield and Naperville; and WHEREAS, Plainfield and Naperville realize that current plans and opportunities for development will be accompanied by significantly higher demands for transportation services, governmental police power services, utilities services, and other municipal services and financial commitments to meet the necessities of service; and WHEREAS, Plainfield and Naperville recognize that the land lying between their present municipal boundaries is a rapidly developing area in which problems related to open space preservation, flood control, population density, joint operation of public facilities, ecological and economic impact, and multi-purpose developments are ever increasing both in number and complexity; and WHEREAS, Plainfield and Naperville and their respective citizens are vitally affected by said problems and any attempt to solve them and provide for the welfare, prosperity and employment of the inhabitants of said municipalities will be benefited by mutual action and intergovernmental cooperation with respect thereto; and WHEREAS, Plainfield and Naperville recognize the need and desirability to provide for logical municipal boundaries and areas of municipal authority between their respective municipalities in order to plan effectively and efficiently for the growth and potential development between their communities and the conservation of the available resources for all of their respective citizens; and WHEREAS, Plainfield and Naperville are "units of local government", as defined by Article VII, Section 10, of the Constitution of the State of Illinois; and WHEREAS, units of local government are enabled by Article VII, Section 10 of the Constitution of the State of Illinois 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, S/11-12-9, Illinois Compiled Statutes, 1992, authorizes municipalities to enter into jurisdictional boundary line agreements; and WHEREAS, the corporate authorities of Plainfield and Naperville have determined that the best interests of both municipalities would be served if the Agreement is amended to modify the boundary line between the two municipalities; and WHEREAS, Plainfield and Naperville have authorized, by ordinance, the execution of this First Amendment to the Boundary Line Agreement, as an exercise of their respective authority and as an exercise of their intergovernmental cooperation authority under the Constitution of Illinois; NOW, THEREFORE, upon consideration of the mutual promises contained herein and upon the further consideration of the recitals hereinabove set forth, it is hereby agreed between Plainfield and Naperville, as follows: 1. The preambles herein are substantive and are incorporated herein by reference as though fully set forth herein. 2. The boundary line described in paragraph 1 of the said Agreement, and the map attached thereto are hereby amended to be as described in Exhibit A, attached hereto, and as depicted on the map, attached hereto, and both made a part hereof. 3. With respect to the property lying southerly of the aforesaid line Naperville agrees, and with respect to the property lying northerly of the of the aforesaid line, Plainfield agrees, that it shall not annex, and shall actively oppose any attempted annexation of any unincorporated territory, nor shall it exercise or attempt to exercise ar enforce any zoning, subdivision control, official map, or other municipal authority or ordinances, except as may be provided in the Agreement or this Amendment. 4. In the event that either municipality's subdivision control authority cannot be exercised on its side of said boundary because such municipality is not located within one and one-half (1'/2) miles of a proposed subdivision, and if the other municipality is located within one and one-half (1'/z) miles of said subdivision, then, in those events, the municipality located within one and one-half (1'/z) miles of a proposed subdivision shall, pursuant to Section 10, Article VII, of the Constitution of Illinois of 1970, exercise subdivision control in such manner as, on the advice of the former municipality, is as close as possible under the latter municipality's subdivision control ordinance, to the former municipality's subdivision control ordinance. 2 S. Each municipality shall actively oppose any attempt to effectuate the development of any parcels of land adjacent and contiguous to the boundary line, as established under the Agreement or this Amendment, or any future amendments, which development is contrary to the comprehensive plan of that municipality. 6. This Amendment shall not be construed so as to limit or adversely affect the right of either municipality to file a statutory objection to proposed rezoning within one and one-half (11/z) miles of its corporate limits. 7. Each municipality shall appose any attempt to establish a land use or zoning designation other than single family detached residential, schools, churches, or parks on any of the parcels of land on its side of the boundary line, which parcels, prior to this amendment were on the other municipality's side of the boundary line. Said properties are identified on Exhibit B, attached hereto and made part hereof. 8. The parties agree to cooperate to the fullest extent reasonably possible and take all steps reasonably practicable, to achieve modification of the postal service boundary, the Indian Prairie School District 204/Plainfield Community School District boundary, the NIPC and Illinois EPA Facilities Planning Area, the local access telephone service area code, and the Emergency 911 telephone service area, to conform to the boundary defined under this Amendment. 9. The parties recognize that the boundary will in some areas run to the middle of certain streets, and that police and fire jurisdiction in such cases can be difficult without intergovernmental cooperation. Both parties agree that their police and fire jurisdiction shall extend to the middle of any such streets unless otherwise specified in an intergovernmental police and/or fire service agreement; but further agree to carefully consider and work toward such an intergovernmental agreement which fairly assigns police and fire service between themselves and/or any appropriate fire protection district in the safest and most efficient way reasonably possible. Both municipalities agree to amend, effective upon the execution date of this Amendment, any mutual aid agreements between themselves, and cooperate in the amendment of any such agreements with any appropriate fire protection district, for the area south of 103rd and 104th streets to conform to the boundary defined under this Amendment. l0. The provisions of this Amendment shall not apply to property owned or under contract for purchase by either Plainfield or Naperville during the time of said ownership or purchase agreement; provided however, that after the effective date of this Amendment, both municipalities agree not to purchase or acquire by eminent domain any property on the other municipality's side of the boundary. Each municipality represents that as of the date of execution of this Amendment, they do not own any real property on the other municipality's side of the boundary, nor have they entered into any pending purchase agreements for any such property. 3 11. Naperville and Plainfield shall work cooperatively in regard to the alignment, design, and timing for construction of Book Road as it extends south of 115th Street to 119th. Street. Naperville and Plainfield shall work cooperatively in regard to access of any commercial or residential property to Illinois Route 59 south of 111" Street to accomplish "cross access" to a single traffic signal location situated approximately one-quarter (1/a) mile south of 111' Street. 12. (A) As a condition to the annexation, subdivision and development approval of any property located adjacent to any existing roads which are on the boundary between the two municipalities under this Amendment, or any future amendments, each municipality shall require the owner and/or developer of the property to agree in writing that as a condition of final subdivision or PUD approval, the owner and/or developer will design and improve said road across the frontage of the property to that municipality's collector street standards for collector streets, and Plainfield shall also require such an agreement far the design and improvement of arterial streets to arterial road standards; provided however, if any collector streets or arterial road(s) in the case of Plainfield, and any collector streets in the case of Naperville, has been so improved by a property owner or developer within either municipality, as required by this Amendment, then the other municipality shall require, and shall adopt the necessary ordinances so that, as a condition of final subdivision approval, the owner and/or developer of any property with frontage on the other side of the improved road(s) shall pay recapture in the amount of 50 % of the actual cost of the first owner and/ar developer for the design and construction of that portion of said road(s), on a front footage basis. Such payment shall be collected by the municipality prior to final subdivision or PUD plat approval and shall be promptly paid to the other municipality for reimbursement to the first owner and/or developer. As to any such arterial roads adjacent to and on the Naperville side of the boundary, Naperville will pay such costs and any such reimbursement directly through its available and unencumbered road improvement impact fees, and if none are available and unencumbered at such time, shall promptly collect and encumber same. Naperville and Plainfield also each agree to be responsible for paying the share of any property owner and/or developer in the event the owner of such property far any reason does not pay its share of the aforesaid improvement casts as provided under this.Amendment. (B) Notwithstanding the provisions of subparagraph (A), both municipalities agree that, with respect to any roads on the boundary, which extend in their entirety into both municipalities' side of the boundary line, either municipality may, upon at least 90 days' written notice to the other, perform road improvements at its own cast, and conforming to the minimum street designation and design standards of the other municipality for that road, into the other municipality's jurisdiction for not mare than one-half (t/2) mile. Both municipalities agree that should either municipality so improve any such road(s), the other shall condition the annexation, subdivision and development of any 4 .f property fronting such road(s), to the extent legally possible, on the payment of recapture, on a front footage basis, for the actual costs of design and construction paid by the first municipality. Once again, in the case of arterial road improvements in Naperville, such improvements shall be paid directly by the City with available and unencumbered road improvement impact fees, rather than by the fronting property owner, and nothing herein shall be construed to obligate either municipality to improve any roads on either side of the boundary, at any time. 13. (A) If either municipality shall annex property to the far side of aright-of--way on the other municipality's side of the boundary line, the annexing municipality shall temporarily maintain and control the right-of--way until such a time that the second municipality shall annex property adjacent and contiguous to that part of the right-of--way and request disconnection of such right of way by the first municipality. The second municipality shall request disconnection by the first municipality within 90 days of annexing such adjacent and contiguous property. (B) In any case where right-of--way is temporarily being maintained and. controlled by either municipality pursuant to paragraph 13(A) of this Amendment, upon receipt of request by the second municipality, the first municipality shall take all action necessary to disconnect the right-of--way from its corporate limits and to permit annexation of that property by the second municipality. 14. Presently, Plainfield's starmwater management requirements are, in some instances, less strict than Naperville's. The parties agree that, with respect to all n~perty other than that which is su.~ject to an annexat~ n agreement between the Village of Plainfield. and Wiseman-Hughes Enterprises, Inc. and First Midwest Trust Companx, under Trust Agreement known as Trust Number 4519, a proved September 9. 1996 under Plainfield ordinance 16-73, prior to the approval of annexation, subdivision or development of any property located between the two municipalities under this Amendment, or any future amendments, each municipality shall provide the owner and/or developer of the property with a written copy of the stormwater management requirements of that municipality which are more stringent; and, prior to the approval of any such property, will require the owner and/or developer of the property to agree in writing, as a condition of annexation, final subdivision or PUD approval, that in the development of the praperty, the owner and/or developer will satisfy the stormwater management requirements of that municipality which are more stringent. 15. This Amendment shall be binding upon, and shall apply only to relations between Plainfield and Naperville. Nothing herein shall be used or construed to affect, support, bind or invalidate the boundary claims of either Plainfield and Naperville insofar as may affect any municipality which is not a party to this Agreement. 16. Neither Naperville nor Plainfield shall either directly or indirectly seek any modification to this Amendment through court action and this Amendment shall remain in full 5 force and effect until amended or changed by the mutual agreement of bath respective corporate authorities. 17. If any provision(s) of this Amendment shall be declared invalid for any reason, such invalidation shall not affect other provisions of this Amendment which can be given effect without the invalid provision(s), and to this end the provisions of this Amendment are to be severable. 18. This Amendment shall be in full force and effect far a period of twenty (20) years from the date hereof and for such further and additional time as the parties hereto may hereafter agree by further amendment. 19. This Amendment shall be construed in accordance with the laws of the state of Illinois and shall be published by the respective municipalities and recorded with the appropriate county Recorders, County Clerks, and others as their interest may appear. 20. Except as set forth herein, all the terms and conditions set forth in the original Agreerrlent executed on the 16th day of November, 1987 are hereby ratified and affirmed and shall continue in full force and effect for a period of twenty (20) years from the date hereof, and shall be applicable to the additional unincorporated territory included in this amendment. 21. This Amendment shall be effective upon execution by both parties and filing with the appropriate county recorder's office. The Clerk of each lxlunicipality shall make copies of this Amendment available in their respective offlce upon execution. CITY OF NAPERVILLE By: Q . ~ ~~ A. George Pra e1 Mayor ATTEST: uzanne L. Gagner 'MC City Clerk U\mmr\agreemen\plntld. l l c VILLAGE OF PLAINFIELD By: John E. Peterson. Village President ATTEST: - Village Clerk