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HomeMy Public PortalAboutOrdinance 3004Ordinance No. 3004 R2011103402 Receipt # T20110123078 Karen A. Stukel Will County Recorder 21P DT Date 11/03/2011 Time 09:58:28 Recording Fees: $41.75 IL Rental Hsng. Support Program: $0.00 AN ORDINANCE AUTHORIZING THE EXECUTION OF AN INTERGOVERNMENTAL COOPERATIVE PLANNING AND JURISDICTIONAL BOUNDARY LINE AGREEMENT BETWEEN THE VILLAGE OF PLAINFIELD, ILLINOIS, AND THE VILLAGE OF ROMEOVILLE PT)0 4- 6�-6-3-1a-3p.)-&)1-U)o, WHEREAS, an Intergovernmental Cooperative Planning and Jurisdictional Boundary Line Agreement, a true and exact copy of which is attached hereto as Exhibit "A," has been submitted to the Corporate Authorities of the Village of Plainfield. WHEREAS, the Corporate Authorities of the Village of Plainfield have posted a public notice and have published notice of said Exhibit "A" as required by 65 ILCS 5/11-12- 9. NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF PLAINFIELD, AS FOLLOWS: Sec. 1: That the President and Village Clerk are hereby authorized and directed to execute the aforesaid Intergovernmental Cooperative Planning and Jurisdictional Boundary Line Agreement as set forth in Exhibit "K for and on behalf of the Village of Plainfield, Illinois. That all ordinances or parts thereof in conflict herewith are hereby repealed. This Ordinance shall be in full force and effect from and after its passage, approval and recording and filing as required by law. This Ordinance shall be numbered as Ordinance No. 3004. MIN PASSED THIS 19P DAY OF SEPTEMBER, 2011 AYES: Bonuchi, Fay, Lamb, Peck, Rippy NAYS: None ABSENT: Racich APPROVED THIS 19'H DAY OF SEPTEMBER, 2011. X7 T: 'CLERK VILLAG ad M0 V�j jaj e Ho 05-vy FM: 06-03-2-302-001-0000 leau Descmma: IN LAKEWOOD FALLS UNIT 5, POD 24, A SUB OF PRT OF THE SW 1/4 OF SEC 12, T36N-R9E. 3 INTERGOVERNMENTAL COOPERATIVE PLANNING AND JURISDICTIONAL BOUNDARY LINE AGREEMENT BETWEEN THE VILLAGE OF ROMEOVILLE, AND THE VILLAGE OF PLAINFIELD This Agreement made and entered into this __�_ day of "t , AD, 2011 by and between the VILLAGE OF ROMEOVILLE, Will County, Illinois, an Illinois Municipal Corporation (hereinafter sometimes referred to as "ROMEOVILLE"), and the VILLAGE OF PLAINFIELD, Will County, Illinois, an Illinois Municipal Corporation (hereinafter sometimes referred to as "PLAINFIELD"), and both of which said parties are hereinafter sometimes referred to collectively as "The Municipalities" and individually as "Municipality". WMESSET.H: WHEREAS, Section 11-12-9 of the Illinois Municipal Code (Illinois Compiled Statutes, Chapter 65, Section 5/11-12-9), authorizes corporate authorities of municipalities to agree upon boundaries for the exercise of their representative jurisdictions within unincorporated territory that lies within one and one-half miles of the corporate limits of such municipalities; and, WHEREAS, Section 10, Article VII, of the Constitution of the State of Illinois of 1970 authorizes units of local government, including municipalities, to contract to exercise, combine, or transfer any power or function in any manner not prohibited to them by law or ordinance; and, WHEREAS, the Illinois Intergovernmental Cooperation Act, (Illinois Compiled Statutes, Chapter 5, Section 220/1 et seq.), authorizes municipalities 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, the Municipalities are geographically located in close proximity to each other, and there is unincorporated territory between the Municipalities; and, q WHEREAS, developments under way or in various stages of planning are creating growth opportunities in and near the unincorporated territory lying between and near ROMEOVILLE and PLAINFIELD; and WHEREAS, ROMEOVILLE and PLAINFIELD have determined that current plans and opportunities for development will be accompanied by significantly higher demands for governmental services, police services, utility services, transportation, services, and other municipal services and financial commitments to meet the necessities of development; and, WHEREAS, ROMEOVILLE and PLAINFIELD have determined that the territory lying between their present municipal boundaries is a rapidly developing area in which problems related to utility service, traffic concerns, roadway capacities and maintenance, open space preservation, flood control, population density, ecological and economic impact, and multipurpose developments are ever-increasing both in number and complexity; and, WHEREAS, ROMEOVILLE and PLAINFIELD and their respective citizens are vitally affected by such concerns, and any attempt to solve them and provide for the welfare, prosperity, and employment of the inhabitants of the Municipalities will be benefited by the mutual action and intergovernmental cooperation with respect thereto; and, WHEREAS, ROMEOVILLE and PLAINFIELD have determined that there exists a need and desire to provide for logical municipal boundaries and areas of municipal authority between their respective communities in order to plan effectively for the growth and potential development between their communities and the conservation of the available resources for all of their respective citizens; and, WHEREAS, ROMEOVILLE and PLAINFIELD, after due investigation and consideration, have determined to enter into an agreement providing for the establishment, of a Is I boundary for their respective jurisdictions in the unincorporated territory lying between and near their boundaries; and, WHEREAS, ROMEOVILLE and PLAINFIELD have determined that the observance of the boundary line in future annexations by the two municipalities will serve the best interest of the two communities; and, WHEREAS, ROMEOVILLE and PLAINFIELD have determined that in some instances it will be desirable and necessary for the power and authority conferred on one municipality to be exercised by another; and, WHEREAS, ROMEOVILLE and PLAINFIELD have each 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 and laws of the State of Illinois. NOW, THEREFORE, in consideration of the mutual promises contained herein and in the ffirther consideration of the recitals hereinabove set forth, it is hereby agreed between ROMEOVILLE and PLAINFIELD pursuant to their constitutional, statutory, and other authority as follows: INCORPORATION OF EREAMBLE ROMEOVILLE and PLAINFIELD acknowledge that the statements made above in the recitals are true and correct and that such recitals are incorporated into this Agreement as if fully set forth in this paragraph one. 2. B01UNDARY LINE. ROMEOVILLE and PLAINFIELD agree that in the unincorporated area lying between and near the two municipalities, the boundary line for annexation, governmental planning, subdivision control, facilities planning, zoning, official map, ordinances, resolution and other municipal acts and purposes shall be as is depicted on the map attached hereto as EXHEBIE, A which is hereby incorporated herein and made a part of this Agreement. EXHEBff -A will be referred to in this Agreement as the "Boundary Map" and the line thereon separating the assigned areas of municipal jurisdiction will be referred to as the "Boundary I ect the jurisdiction of either Line'. Nothing in this Agreement shall be deemed to aff PLAINFIELD or ROMEOVILLE over any territory presently incorporated into either PLAINFIELD or ROMEOVILLE. 3. M.MSDICTION. (a) With respect to property located within the area assigned (as depicted on EMI_BIT -A) to PLAINFIELD, ROMEOVILLE agrees that it shall not annex any unincorporated territory within such area nor shall it exercise or attempt to exercise or enforce any planning control, subdivision control, facilities planning control, zoning ordinance, official map, ordinances, resolutions or other municipal authority, except as may be hereinafter provided in this Agreement. (b) With respect to property located within the area assigned (as depicted on EXHEBIT—A) to ROMEOVILLE, PLAINFIELD agrees that it shall not annex any unincorporated territory within such area nor shall it exercise or attempt to exercise or enforce any planning control, subdivision control, facilities planning control, zoning ordinance, official map, ordinances, resolutions or other municipal authority, except as may be hereinafter provided in this Agreement. 4. SUDIWSION CON I In the event that either municipality's subdivision control authority cannot be exercised within its designated area because the municipality is not located within one and one-half miles of a proposed subdivision, and if the other municipality is located within one and one-half miles of that subdivision, then, in those events, the municipality located within one and one-half miles of a proposed subdivision hereby transfers its subdivision control authority to the other municipality pursuant to Section 10, Article VII, of the Constitution of the State of Illinois of 1970. In the event that any court of law shall find that the transfer of subdivision control power between units of local government is prohibited or not permitted by law, then, if either municipality cannot exercise its subdivision control within its designated area because it is not located within one and one-half miles of a proposed subdivision, and if the other municipality is located within one and one-half miles of the subdivision, then the latter municipality shall exercise subdivision control notwithstanding the boundaries established by this Agreement. For the purposes of this Agreement the term "subdivision7 shall include subdivisions of land as defined by applicable law and ordinance and other developments or uses of land which are made subject to either municipality's subdivision regulations by law or ordinance. 5. THIRD EARTY ANNEXATIU.N_S. Upon a third party's attempt to effectuate a voluntary or involuntary annexation to have territory annexed to either municipality which annexation would have the effect of changing the boundaries established under this Agreement, each municipality may consider such annexation and not oppose such annexation only where a mutual agreement between the municipalities in the form of a written amendment to this Agreement as provided in Section 12 is reached. Where a mutual written agreement is not reached, each municipality shall actively oppose any attempt A to effectuate any voluntary or involuntary annexation and shall not annex any territory which would have the effect of changing the boundaries established under this Agreement. 6. STAIUTORY OBJECTIONS. This Agreement shall not be construed so as to limit or adversely affect the right of either municipality to file a statutory objection to proposed rezonings, special use permits or other land use proposals that have been presented to the corporate authorities of Will County and that are within one and one-half miles of either municipality's corporate limits. In the event that either municipality's authority to assert a statutory objection to proposed rezonings, special use permits or other land use proposals cannot be exercised within its designated area because the municipality is not located within one and one-half miles of the subject property, and if the other municipality is located within one and one-half miles of said property, then, in those events, the municipality located within one and one-half miles of said property hereby transfers its authority to the other municipality pursuant to Section 10, Article VII of the Constitution of the State of Illinois in 1970. In the event that any court of law shall find that the transfer of authority is prohibited by law, then, if either municipality cannot exercise its authority within its designated area because it is not located within one and one-half miles of said property, and if the other municipality is located within one and one-half miles of said property, then the later municipality shall exercise its authority notwithstanding the boundaries established by this Agreement. 7. A_NNEXATION OF ROADWAYS (a) If the boundary line depicted on EX-HIBEE A is located on a roadway, the boundary line shall be deemed, except as otherwise provided herein, to be located on the center line of the roadway if the roadway is not located within the corporate limits of either municipality as of the date of this Agreement. For territory that has been annexed by either municipality prior to the date of this Agreement, then the roadway shall be deemed to be located within the municipality to which the roadway has been annexed either by ordinance or by operation of state law (Illinois Compiled Statutes, Ch. 65, Section 5/7-1-1). For unincorporated territory that is located on either side of the boundary line and that will be annexed to the designated municipality in the future, the roadway shall be deemed to be located within the municipality that first annexes its respective territory adjacent to the roadway. The boundary line set by this Agreement shall be deemed to have been amended accordingly without further action by either municipality. Furthermore, nothing herein shall be deemed to prohibit ROMEOVILLE from acquiring jurisdiction over any frontage road presently or formerly under the jurisdiction of the Illinois Department of Transportation (IDOT) and located in an easterly or southerly direction from the centerline of Interstate 55, and PLAINFIELD shall not object to any such jurisdictional transfer if pursued by ROMEOVILLE; upon the completion of any such jurisdictional transfer, the road and area over which jurisdiction is transferred by MOT shall be deemed to be part of territory assigned to ROMEOVILLE under this Agreement, and ROMEOVILLE shall thereafter exercise jurisdiction over such road and area consistent with this Agreement, including without limitation, Section 7(b) thereof. (b) Each municipality agrees that with respect to any roadways that are or are deemed to be located within that municipality's territory pursuant to this Agreement, that municipality shall, to the extent it has jurisdiction to do so, authorize the reasonable use of the right-of-way of such roadway including ingress and egress, access and curb cuts, and grant non- exclusive easements for the installation by the other municipality or its utility service provider of water, sanitary sewer, storm sewer and other utility service facilities, and appurtenant public �O / improvements., Each municipality agrees that it may assign its non-exclusive easement rights to any other unit of local government or a utility service provider, that may provide water, sanitary sewer, or storm sewer service to territory within the easement grantee's territory designated under this Agreement. Each municipality further recognizes the need to notify the other of any planned or proposed street extensions to common roadways. Each municipality will use its best efforts to agree on the location of any proposed intersection along the boundary line prior to authorizing or initiating any public improvements - (C) Each municipality shall require that prior to authorizing the reasonable use of roadway right-of-way described in paragraph (b) above, the entity performing the proposed work shall be bonded and insured in accordance with the authorizing municipalities' applicable requirements, ordinances and/or regulations. (d) The parties recognize the practical problems of providing required municipal services for roadways that are located on the boundary line. To that end, the parties agree that ftwther cooperative agreements may be developed to provide for police and other municipal services, including capital improvements, to roadways that are located on the boundary line. 8. FACILITIES PLANNING AMA MODIFICATIONS. (a) ROMEOVILLE shall not object to or otherwise contest a request to amend the PLAINFIELD Facilities Planning Area to add territory within PLAINFIELD'S designated area as depicted in EXMIT- A, including any such territory currently within ROMEOVILLE'S Facilities Planning Area. (b) PLAINFIELD shall not object to or otherwise contest a request to amend the ROMEOVILLE Facilities Planning Area to add territory within ROMEOVILLE'S designated area as depicted in EXROff including any such territory currently within PLAINFIELD'S Facilities Planning Area. 9. WA.IVER OF ANNEXATION AND DISCONNEE.TION CMLLENGES (a) Each municipality agrees that it waives any right to challenge or otherwise contest the validity of any annexation the other municipality has effected, is effecting, or will effect in the future for territory located within the other municipality's designated area as depicted in EXHIUBIT A. This waiver includes but is not limited to annexation proceedings initiated by petition, ordinance or publication made by owners of record, electors, municipalities or their respective agents or representatives. The parties further agree not to make any request, formal or informal, to any third party for that third party to challenge the validity of the other municipality's past, current, or future annexations within the other municipality's designated area. (b) Each Municipality agrees that it waives any right to challenge or otherwise contest the validity of any disconnection the other municipality may effect in the future for territory located within the other municipality's designated area as depicted on E2WEBIT This waiver includes but is not limited to disconnection proceedings initiated by petition, ordinance or publication made by owners of record, electors, municipalities or their respective agents or representatives. The parties ftu-ther agree not to make any request, formal or informal, to any third party for that third party to challenge the validity of the other municipality's past, current or future disconnections within the other municipality's designated area. 10. LA.ND PLA—N--NRLG. The parties agree to direct their respective professional planning staffs to meet and confer about land use and development so as to promote and control economic and land development that favors both parties. Nothing in this paragraph shall require both parties to agree to any specific type of land use or development within that area as depicted on EXHIM A orts to keep each other informed of land use and , but the parties are to use their best eff development plans in that area. 11. EFFECT -OF AGREEAMNT ON OTHER MUNICIEUITILS.- This Agreement shall be binding upon and shall apply only to the legal relationship between ROMEOVILLE and PLAINFIELD. Nothing herein shall be used or construed to affect, support, bind, or invalidate the boundary claims of either ROMEOVILLE or PLAINFIELD insofar as such may affect any municipality which is not a party to this Agreement. 12. &WNDMENT OF AGREEMENT. Neither ROMEOVILLE nor PLAINFIELD shall directly challenge or seek any amendments or modifications of this Agreement intended to have this Agreement declared null, void or invalid, and this Agreement shall remain in full force and effect until amended or changed by the mutual written agreement of the corporate authorities of both municipalities. 13. DURATION OF AGREEM.ENT. This Agreement shall be in full force and effect for a period of 20 years from the date hereof. The term stated herein may be extended, renewed, or revised at the end of the initial or extended term thereof by the mutual agreement of the corporate authorities of both municipalities. 14. REERESENTATIONS BY THE PARTIES. The parties represent, warrant, and agree to and with each other that each is a duly organized and existing municipal corporation under Illinois Law, has taken all necessary /3 A corporate and legal action to authorize the execution, delivery, and performance on their part of this Agreement, and that the performance hereto by each will not be in contravention of any resolutions, ordinances, laws, contracts, or agreements to which it is a party or to which it is subject. The parties shall deliver to each other certified copies of all resolutions or ordinance authorizing the execution and performance of this Agreement. 15. FAILM TO ENFOR.CE. The failure of any party hereto to enforce any of the provisions of this Agreement, or the waiver thereof in any instance, shall not be construed as a general waiver or relinquishment on its part of any such provision, but the same shall, nevertheless, be and remain in full force and effect. 16. E.NFORCEMEN_T. This Agreement shall be enforceable through any appropriate action at law or in equity, including but not limited to mandamus and actions for specific performance. The parties shall bear their own expenses related to the enforcement of this Agreement. 17. NOTI"E . Any notice required by this Agreement shall be in writing and shall be served by personal delivery on the Municipal Clerk and Chief Administrative Officer of the receiving party. In lieu of personal service, required notices may be served by certified mail, return receipt requested, addressed to the Municipal Clerk and Chief Administrative Officer of the receiving party. Notices shall be deemed served on the day of personal delivery or on the fourth day following mailing. 18. RESERVATIOL4. OF RIGHTS. (4 / Nothing in this Agreement is intended to confer a benefit or right of enforcement upon any third party. Further, both municipalities specifically reserve all rights, privileges, and immunities conferred upon them by law. 19. AUNCY. Neither party is an agent of the other party and neither shall incur any costs or expenses on behalf of the other. 20. COMPLETE AgREEME�Ll- This Agreement sets forth the complete understanding between ROMEOVILLE and PLAINFIELD relating to the terms hereof and any amendment hereto to be effective must be in writing and duly authorized and signed by both parties. 21. SEVERABILITY. 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. 22. REPEALE . All agreements or parts thereof in conflict with the terms of this Agreement are hereby repealed and of no finther force and effect to the extent of such conflict. 23. PUBLICATION ANDRECORDING This Agreement shall be construed in accordance with the laws of the State of Illinois and shall be certified as to adoption by the Municipal Clerk of each municipality, made available in the office of each Municipal Clerk, published by the representative municipalities and recorded or filed with the Will County Recorder and others as their interests may appear. /-S - �2 24. ADQPTION,QFORDI�LANCES. The parties agree that this Agreement shall be adopted by Ordinance approved by the corporate authorities of each municipality. IN WITNESS THEREOF, the parties hereto have caused this Agreement to be executed in their respective corporate names by their respective officers thereunto duly authorized and their respective corporate seals to be hereunto affixed and attested by their respective officers having custody thereof the day and year first above written. VILLAGE OF ROMEOVILLE ATrEST: (Seal) Will County, Illinois, an Illinois Corporation Co 'L A By: 6 - /A* ;age President Village Clerk VILLAGE OF PLAINFIELD ATrEST;- (Seal) Will County, Illinois, an Illinois Municipal Corporation 0 lage President Village Clerk lu ACKNOMEDGMENTS STATE OF ILLINOIS )SS. COUNTY OF WILL 1, the undersigned, a Notary Public, in and for the County and State aforesaid, DO HEREBY CERTIFY that John D. Noak, personally known to me to be the President of the Village of Romeoville, and Dr. Bernice Holloway, personally known to me to be the Village Clerk of said municipal corporation, and personally known to me to be the same persons whose names are subscribed to the foregoing instrument, appeared before me this day in person and severally acknowledged that as such President and Village Clerk, they signed and delivered the said instrument and caused the corporate seal of said municipal corporation to be affixed thereto, pursuant to authority given by the Board of Trustees of said municipal corporation, as their free and voluntary act, and as the free and voluntary act and deed of said municipal corporation, for the uses and purposes therein set forth. GIVEN under my hand and official seal, this DO day o 2011. Commission expires 'q � I flik-f Notary Public SEW COO Robeds Notar, pubTIC * %ate Ot 100-15 Sept, j8, 2014 A!QjQ0WLEDUME.N S STATE OF ILLINOIS )SS. COUNTY OF WILL 1, the undersigned, a Notary Public, in and for the County and State aforesaid, DO HEREBY CERTIFY that Michael P. Collins, personally known to me to be the President of the VILLAGE of PLAINFIELD, and Michelle Gibas, personally known to me to be the Village Clerk of said municipal corporation, and personally known to me to be the same persons whose names are subscribed to the foregoing instrument, appeared before me this day in person and severally acknowledged that as such Mayor and Village Clerk, they signed and delivered the said instrument and caused the corporate seal of said municipal corporation to be affixed thereto, pursuant to authority given by the Village Board of Trustees of said municipal corporation, as their free and voluntary act, and as the free and voluntary act and deed of said municipal corporation, for the uses and purposes therein set forth. GIVEN under my hand and official seal, this 19 day of Sep -6 6-4- 2011. 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