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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 /~