HomeMy Public PortalAboutOrdinance 1144__
CHAPTER 7
ARTICLE 13
ORDINANCE NO. X144
AN ORDINANCE AUTHORIZING THE EXECUTION OF
A BOUNDARY AGREEMENT BETWEEN THE CITY OF
NAPERVILLE AND THE VxLLAGE OF PLAINFIELD
WHEREAS, under and by virtue of Section 10 Article VII
of the Constitution and the State of Illinois of 1970 units
of local government, including municipalities, are authorized
to contract to exercise, combine or transfer any power ar
function not prohibited to them by law or ordinance; and
WHEREAS, pursuant to the Illinois Revised Statutes ,
Chapter 127, Sections 741-748, units of local government in
Illinois are authorized to exercise jointly with any public
agency of the State, including other units of local.
government, any power, privilege or authority which may be
exercised by a unit of local government individually, and to
enter into contracts for the performance of governmental
services, activities and undertakings; and
WHEREAS, pursuant to Section 11-12-9 of Chapter 24 of
the Illinois Revised Statutes, the corporate authorities of
municipalities are authorized to agree upon boundaries far
the exercise of their prospective jurisdictions within
unincorporated territory that lies within 1-1/2 miles of the
boundaries of such municipalities; and
WHEREAS, the corporate authorities of the City of
Naperville, DuPage and Will Counties, Illinois and the
corporate authorities of the Village of Plainfield, Will
County, Illinois, after due investigation and consideration,
have determined to enter into an agreement providing for the
establishment of a boundary for their respective
jurisdictions in the unincorporated territory lying within 1-
1/2 miles of the boundaries thereof; and
WHEREAS, the said corporate authorities of the City of
Naperville and the Village of Plainfield have determined that
the observance of the aforesaid boundary line in future
annexations by the said two municipalities will serve the
best interest of the two communities; and
WHEREAS, the corporate authorities of the said City of
Naperville and the Village of Plainfield have determined that
in some instances it will be desirable and necessary for the
power and authority conferred an one municipality to be
exercised by another; and
WHEREAS, the corporate authorities of the City of
~, ~~--~~4~z
~ ~ f R
9
r ~ r
K.
'a
Naperville and the Village of Plainfield have reduced the
agreements and undertakings hereinabove referred to to a
written agreement between the said municipalities, a copy of
which agreement is attached hereto as Exhibit A and is hereby
made a part hereof by this reference; and
WHEREAS, the corporate authorities of the Village of
Plainfield have determined that agreement on the boundary
hereinafter described in the said Exhibit A and the
execution of the said agreement by the Village of Plainfield
will be in the best interests of the said Village and will
enure to the public good and benefit of the Village of
Plainfield and the residents thereof and will be compatible
with, and promote the orderly and systematic development of
the Village and the unincorporated territory of its
boundaries; and
WHEREAS, the Village of Plainfield has observed such
statutory procedures and held such hearings as may be
required as a condition precedent td the execution of an
agreement in the form attached hereto as Exhibit A;
NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND
BOARD OF TRUSTEES OF THE VILLAGE OF PLAINFIELD, WILL COUNTY,
ILLINOIS, as follows:
Sec. 13-5: That the President and Board of Trustees
hereby find as facts all of the recitals hereinabove set
forth in the preamble of this ordinance as well as all
of the recitals contained in the agreement attached
hereto as Exhibit A and made a part hereof by this
reference.
Sec. 13--6: That the President is authorized and
directed to execute, and the Clerk is directed to attest
the boundary agreement, a copy of which is attached
hereto as Exhibit A and made a part hereof by this
reference.
Sec. 13-7: This ordinance is adopted pursuant to the
provisions and procedures set forth in Section 10 of
Article VII of the Illinois Constitution of 1970,
Section 11-12-19 of Chapter 24 of the Illinois Revised
Statutes and Section 1 through 8 of the
Intergovernmental Cooperation Act of 1973 (Illinois
Revised Statutes, Chapter 127, Section 741-748).
Sec. 13-8: That the said Clerk be and he is hereby
directed to file a certified copy of this ordinance and
the agreement, after execution by all parties, with the
Recorder's Office in Will County and file for record in
her office three copies of the executed agreement.
Sec. 13-9: This ordinance and the agreement attached
~;~~-X18492 t .
~ ` • ~ ' A
~ ` ~ ~ t
hereto as Exhiba,t A shall be in full force and effect
after aertif~.ed copies of this ordinance and the
agreement attached hereto as Exhibit A have been filed
for record as provided for in Section 13-8 of this
ordinance and as further provided by law.
Passed this 16th day of November ~ 1987,
Villa Clerk
Approved this 16th day of November ,~„gg7,
k,-
• G ~ re ident
'~ ~ ATTEST : ._
_'_ _ r •,
r _.
", Village lerk
_ ~;•s
- z.....:.. ti ~~ ~.....«.
rbl~ • r
^ °
N ~
X p
l ~ ~
C ~ ~~
r ~ ~ ~.
:.~1. ~ M ~
;' ~ ~
~`~ ~~ ~ ~~
1 ~i~ j '~ _
~ .a•~:
•~ ' i.
~ ..
7 ~ .
:,iw~ ~ ; .
.. _.-_.. _. ~ ~ ` I _
~ I
. i r .I
..
NhF~ i ~1
,~
,r,+ .
4
~~--- _ i
. ~ .. ~, ; l
Z
~..
. _d
-~~ ~ ~ g ~ PLAINFIELD/NAPERVILLE BOUNDARY AGREEMENT
A(yRF.F".MF.T7T
WHEREAS, a portion of unincorporated Will and DuPage
Counties lying between .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, is 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, govern-
mental police power services, utilities services, and other munici-
pal 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 bath in number and com-
plexity; 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
• ~ ,.
x
of the inhabitants of said municipalities will be benefited by
mutual action and intergovernmental cooperata.on with respect
thereto; and
WHEREAS, Plainfield and Naperville are "units of local
government" as defined by Article VI2, Secta.on 1, of the Constitu-
tion of the State of Illinois; and
WHEREAS, units of local government are enabled by
Article VII, Section 10 of the Constitution of Illinois to enter
into agreements among themselves to obtain or share services
and to exercise, combine or transfer any power or f unction, in
any manner not prohibited by law or ordinance; and
WHEREAS, Plainfield and Naperville recognize the need
and desirabiity to provide for logical municipal boundaries and
areas of municipal authority between their respective muna.ca.pali-
ties in order to plan effectively and efficiently for the gx'awth
and potential development between their communities and the conser-
vation of the available resources for all of their respective
citizens; and
WHEREAS, Plainfield and Naperville have authorized, by
ordinance, the execution of this agreement, as an exercise of their
respective authority and as an exercise of their intergovernmental
cooperation authority under the Constitution of Illinois;
NQW, THEREFORE, upon the consideration of the mutual
promises contained herein and upon the further consideration
of the recitals hereinabave set forth, it is hereby agreed between
Plainfield and Naperville, as follows:
~ 1. •
1. ~ r ~
L.
1. Plainfield and Naperville agree that in the unincor -
pasted area lying between the two municipalities, the boundary
line for municipal government planning, subdivision control,
official map, ordinances, and other municipal purposes shall
be as :Follows:
Beginning at the point of intersection of the
center J.ine of the DuPage River with the cen-
ter line of the right-of-~way of 115th Street,
thence westerly along said center line of the
right-of-way of 115th Street to its intersec-
tion. with the easterly right-of-way of the
BJ&B Railroad right--of--way, parallel to Narmantown Road.
Attached. hereto and made a part hereof is a map designating said
.boundary line.:
2. with respect to the property lying southerly of
the aforesaid line Naperville agrees, and with respect to the
prapexty lying northerly of the aforesaid line, Plainfield agrees,
that it shall not annex 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 hereinafter provided in this agreement.
3. In the event that either municipality's Subdivision
Control Authority cannot be exercised on its side of the said
boundary because such municipality is not located within ane
and one-half (1-1/2) miles of a proposed subdivision, and if
the other municipality is located within one and ane-half miles
of said subdivisian, then, in those events, the municipality
located within one and one-half miles of a proposed subdivision
A 1 ~
~S-Q9~9Z
a 4
x
: hereby transfers its Subdivision Control Authority to the ether
municipality pursuant to Section 10, Article VII, Constitution
of Illinois of 197p. xn the event that any Court of Law shall
-, find that the transfer of Subdivision Control power between units
of local government is prohibited by law, then, if either munici-
- polity cannot exercise its Subdivision Control on its side of
the said boundary because it is not located within one and one-half
_ miles of a proposed subdivision, and if the other municipality
is located within ane and one-half miles of said subdivision,
then the latter municipality shall exercise Subdivision. Control
notwithstanding the boundaries established by this Agreement.
4. Each municipality shall actively appose any attempt
to effectuate an annexation to its respective municipality which
annexation would have the effect of changing the boundaries estab-
lished under this Agreement.
5. This Agreement shall not be construed so as to
limit or adversely affect the right of either municipality to
file a statutory abjection to proposed rezonings_ within vne and
ane-half G1-1/2) miles of 'its corporate limits.
6. This Agreement shall be binding upon, and shall
apply only tv relations between Plainfield and Naperville. Nothing
herein shall be used ar construed to affect, support, bind or
invalidate the boundary claims of either Plainfield and Naperville
insofar as such shall affect any municipality which is not a
party to this Agreement.
~, ~ a Rig-8492 .
_ ~ • t 7
7. Neither Naperville nor Plainfield shall either
directJ.y or indirectly seek any modification to this Agreement
through court action and this Agreement shall remain in full
farce and effect until amended or changed by the mutual agreement
of both respective corporate authorities.
8. If any provisions 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 provisions and to this end the provisions of this
Agreement are to be severable.
9. The provisions of this Agreement shall not apply
to property owned or under contract to purchase by either Plain-
field or Naperville during the time of said ownership or purchase
agreement.
1.0. This Agreement shall be in full force and effect
for a period of 20 years from the date hereof and for such further
and additional time as the parties hereto may hereafter agree
by amendment to this Agreement,
11. 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 appr~pri-
ate County Recorders, County Clerks, and others as their interest
may appear.
y
~^
~+ '
~.g-8492 ,
i .. w y
~~
~ ~ ~
IN WITNESS WHEREOF, the parties hereto have caused
the execution of their duly authorized officer this 1.6th day
of November 1987•
ATTEST:
Village Clerk
r ~ t.
ATTEST:
VILLAGE CF PLAINFIELD,
Will County, Illinois
O
~~. / . ~
Villag resi ent
CITY OF NAPERVILLE,
DuPage and Will Counties, Illinois
~/l.~ C..¢.a
Mayor
/~