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Home My Public Portal AboutOrdinance 3394 RECORDED W/WILL COUNTY RECORDER 01/07/2019 #R2019000815 ORDINANCE NO. 17878 AN ORDINANCE APPROVING AN INTERGOVERNMENTAL COOPERATION AGREEMENT WITH THE VILLAGE OF PLAINFIELD WHEREAS, the Intergovernmental Cooperation Act of 1973 (5 ILCS 220/1 et seq.) authorizes two or more municipalities to enter into agreements concerning the joint exercise of municipal powers and to enter into contracts for the performance of governmental services, activities, and undertakings; and WHEREAS, on December 18, 1990 Joliet and Plainfield entered into an intergovernmental agreement which established a boundary line for the respective exercise of certain municipal powers, said agreement being recorded with the Will County Recorder of Deeds as Document No. R91-03516 (the "1990 Agreement"); and WHEREAS, on April 16, 1991 Joliet and Plainfield approved an Addendum to the 1990 Agreement (the "1991 Addendum"), said addendum being recorded with the Will County Recorder of Deeds as Document No. R91-24291; and WHEREAS, on January 8, 2004 Joliet and Plainfield approved an Amendment to the 1990 Agreement as amended by the 1991 Addendum (the "2004 Amendment"), to modify the boundary line and extend the term of the 1990 Agreement, said Amendment being recorded with the Will County Recorder of Deeds as Document No. R2004-7377; and WHEREAS, on February 7, 2012 Joliet and Plainfield approved an Amendment to the 1990 Agreement as amended by the 1991 Addendum (the "2012 Amendment"), to extend the term of the 1990 Agreement, as amended, to January 1, 2017, said Amendment being recorded with the Will County Recorder of Deeds as Document No. R2012-025662; and WHEREAS, the 2012 Amendment expired on January 1, 2017; and WHEREAS, Paragraph 10 of the 1990 Agreement provides that it can be amended by the mutual agreement of the corporate authorities of Joliet and Plainfield; and WHEREAS, Paragraph 12 of the 1990 Agreement provides that the duration of the agreement may be extended by amendment; and WHEREAS, Joliet and Plainfield have agreed to enter into a new agreement for a five year term; and WHEREAS, Joliet and Plainfield have authorized the execution of this Agreement as an exercise of their respective statutory authority and as exercise of their intergovernmental cooperation authority and home rule authority under the Constitution of the State of Illinois. NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF JOLIET AS FOLLOWS: SECTION 1: The Amendment to Intergovernmental Cooperative Planning Agreement and Boundary Agreement attached hereto as Exhibit A, is hereby approved. The Mayor and the City Clerk are hereby authorized and directed to execute the attached Intergovernmental Agreement, or an agreement in substantially the same form as the attached Intergovernmental Agreement, on behalf of the City of Joliet. The City Manager is authorized to take such action as may be required to comply with the terms of said Intergovernmental Agreement. SECTION 2: This Ordinance shall be deemed severable and the invalidity of any portion hereof shall not be deemed so as to invalidate the remainder. SECTION 3: This Ordinance is adopted pursuant to the home rule powers of the City of Joliet and is specifically intended to preempt the Illinois Municipal Code and any other statute, ordinance or other law inconsistent herewith pertaining to the purchase of real property. SECTION 4: This Ordinance shall take effect upon this passage. PASSED this 4th day of December, 2018 citzt%st 0 it/6)A MAYOR CITY CLERK VOTING YES: Councilman Dickinson, Councilwoman Gavin, Councilmen Gerl, Hug, Morris, Mudron, Councilwoman Quillman and Councilman Turk. VOTING NO: None. NOT VOTING: Mayor O'Dekirk. PREPARED BY: Corporation Counsel, City of Joliet RETURN TO: City Clerk, City of Joliet, 150 W Jefferson Street, Joliet, IL 60432 2 111111111 ill 2c3 .1 a 001 8224 DEBBIE GILLETTE RECORDER - KENDALL COUNTY, IL RECORDED: 12/31/2018 01:03 PN Debbie Gillette ORDI: 48.00 RHSPS FEE: 10.00 PAGES: 13 Kendall County Recorder 111 W Fox St Yorkville, IL 60560 Recording Cover Page This page added for the purposes of affixing Recording Information ❑ Deed ❑ Lien 'f Other OR 0 i\v- �,- ❑ UCC ❑ Plat Remarks: ICY ORDINANCE NO. 3394 AN ORDINANCE AUTHORIZING AN INTERGOVERNMENTAL COOPERATIVE PLANNING AGREEMENT AND BOUNDARY AGREEMENT BETWEEN THE VILLAGE OF PLAINFIELD AND THE CITY OF JOLIET WHEREAS, units of local government are enabled by Article VII, Section 10 of the Constitution of the State of Illinois of 1970 to enter into agreements among themselves in order to exercise, combine or transfer any power or function, in any manner not prohibited by law or ordinance; and WHEREAS, Division 12 of Article 11 of the Illinois Municipal Code (65 ILCS 5/11- 12-1 et seq.) authorizes the corporate authorities of such municipalities to agree upon a line marking the boundaries of the jurisdiction of each corporate authority for certain purposes; and WHEREAS, the Village of Plainfield and the City of Joliet recognize the need to provide for logical municipal boundaries and areas of municipal authority between their respective municipalities in order to plan effectively and efficiently for growth and potential development between their communities and conservation of available resources for their respective citizens; and WHEREAS, the Village of Plainfield and the City of Joliet seek to enter into the Intergovernmental Cooperative Planning Agreement and Boundary Agreement in substantially the form attached hereto and incorporated as Exhibit A as an exercise of their respective authority under 65 ILCS 5/11-12-1 et seq. and as an exercise of their intergovernmental cooperation authority under Article VII, Section 10 of the Constitution of Illinois; and WHEREAS, the Village of Plainfield and City of Joliet have caused notice of the proposed Intergovernmental Cooperative Planning Agreement and Boundary Agreement to be provided in accordance with the provisions of 65 ILCS 5/11-12-9. NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF PLAINFIELD, WILL AND KENDALL COUNTIES, ILLINOIS AS FOLLOWS: Section 1: Recitals - The President and Board of Trustees of the Village of Plainfield hereby adopt and incorporate as their own, the above findings recited. Section 2: Approval —That the President is authorized and directed to execute the Intergovernmental Cooperative Planning Agreement and Boundary Agreement in substantially the form attached hereto and incorporated as Exhibit A, and the Village Clerk is hereby authorized and directed to attest thereto. Section 3: Severability - The various portions of this Ordinance are hereby expressly declared to be severable, and the invalidity of any such portion of this Ordinance shall not affect the validity of any other portions of this Ordinance, which shall be enforced to the fullest extent possible. Section 4: Repealer - All ordinances or portions of ordinances previously passed or adopted by the Village of Plainfield that conflict with or are inconsistent with the provisions of this Ordinance are hereby repealed. Section 5: Effective Date —This Ordinance shall be in full force and effect from and after its passage and approval. PASSED THIS 3RD DAY OF DECEMBER, 2018. AYES: Newton, O'Rourke, Wojowski, Bonuchi, Lamb, Larson NAYS: None ABSENT: None APPROVED THIS 3RD DAY OF DECEMBER, 2018. V LACE PRESCIENT ENT A i" , VILLAGE CLERK PREPARED BY AND RETURN TO: VILLAGE OF PLAINFIELD 24401 W. LOCKPORT STREET PLAINFIELD, IL 60544 ATTN: VILLAGE CLERK INTERGOVERNMENTAL COOPERATIVE PLANNING AGREEMENT AND BOUNDARY AGREEMENT BETWEEN THE CITY OF JOLIET AND THE VILLAGE OF PLAINFIELD WHEREAS,pursuant to Article VII, Section 10 of the 1970 Constitution of the State of Illinois, the City and the County are units of local government that may contract or otherwise associate 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 by ordinance; and WHEREAS,the Illinois Intergovernmental Cooperation Act(5 ILCS 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,pursuant to 65 ILCS 5/11-12-9 of the Illinois Municipal Code, the corporate authorities of municipalities are authorized to agree upon boundaries for the exercise of their prospective jurisdictions within unincorporated territory that lies within 1 and 1/2 miles of the boundaries of such municipalities; and WHEREAS, a portion of unincorporated Will County lying between or near the City of Joliet (hereinafter referred to as "Joliet") and the Village of Plainfield (hereinafter referred to as "Plainfield") (collectively hereinafter the "Parties") is a rapidly growing area in Illinois; and WHEREAS,development under way or in various stages of planning are creating unusual growth opportunities between and near Joliet and Plainfield; and WHEREAS, Joliet and Plainfield realized 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, Joliet and Plainfield recognize that the land lying between and near 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 multipurpose developments are ever-increasing both in number and complexity; and - 1- WHEREAS, Joliet and Plainfield and their respective citizens are vitally affected by such problems and any attempt to solve them and provide for the welfare, prosperity, and employment of the inhabitants of the municipalities will be benefited by mutual action and intergovernmental cooperation with respect thereto; and WHEREAS,Joliet and Plainfield 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, Joliet and Plainfield, 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 near the boundaries thereof; and WHEREAS, Joliet 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, Joliet 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, Joliet and Plainfield 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; NOW, THEREFORE, upon the consideration of the mutual promises contained herein and upon the further consideration of the recitals hereinabove set forth,it is hereby agreed between Joliet and Plainfield, as follows: 1. BOUNDARY LINE Joliet and Plainfield agree that in the unincorporated area lying between and near the two municipalities, the boundary line for municipal government planning, subdivision control, official map, ordinances, and other municipal purposes shall be as is designated in the map attached hereto as Exhibit A and in the legal description attached hereto as Exhibit B, both of which are made a part of this agreement. -2 - 2. JURISDICTION (a) With respect to property located within the area assigned to Joliet, Plainfield agrees that it shall not annex any unincorporated territory nor shall it exercise or attempt to exercise or enforce any zoning, subdivision control, official map, or other municipal authority or ordinances, except as may be hereinafter provided in this agreement. (b) With respect to property located within the area assigned to Plainfield, Joliet agrees that it shall not annex any unincorporated territory nor shall it exercise or attempt to exercise or enforce any zoning, subdivision control, official map, or other municipal authority or ordinances, except as may be hereinafter provided in this agreement. 3. SUBDIVISION CONTROLS In the event that either municipality's subdivision control authority cannot be exercised within it designated area because the municipality is not located within one and one-half(1-1/2) 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, Constitution 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 by law, then, if either municipality cannot exercise its subdivision control within it designated area because it is not located within one and one-half miles of a proposed subdivision, and if the other municipality is located with one and one-half miles of said subdivision, then the latter municipality shall exercise subdivision control notwithstanding the boundaries established by this agreement. 4. PROHIBITED ANNEXATIONS Each municipality shall actively oppose any attempt to effectuate an annexation, whether voluntary of involuntary, to its respective municipality which annexation would have the effect of changing the boundaries established under this agreement. 5. STATUTORY OBJECTIONS This agreement shall not be constructed so as to limit or adversely affect the right of either municipality to file a statutory objection to proposed rezonings within one and one-half (1-1/2) miles of its corporate limits. -3 - 6. ANNEXATION OF ROADWAYS (a) The boundary line set forth in Exhibit A and B shall be deemed to run down the center line of all roadways that are not located within the corporate limits of each 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(I1l.Rev.Stat., 1989, Chapter 24, Section 7-1-1). For territory that is located on either side of the boundary line and 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 amended accordingly. (b) The parties recognize the practical problems of providing required municipal services for road ways that are located on the boundary line. To that end, the parties agree that further cooperative agreements shall be developed to provide police and other municipal services to roadways that are located on the boundary line. 7. WAIVER OF ANNEXATION CHALLENGES 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 Exhibits A and B. The parties further agree not to make any requests, 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. 8. THE BOULEVARD The boundary line currently bisects a segment of land which is generally located at the northwest quadrant of I-55 and Route 30 (previously named the `Boulevard"). In the event the Boulevard is developed,this agreement does not cover the following: (a) Water and/or sewer interconnect between Joliet and Plainfield. (b) Fire and police protection and services. (c) Servicing the Boulevard with water and/or sewer services. Prior to the development of the Boulevard, Joliet and Plainfield will collaborate to address the matters in this paragraph and any other matters that may develop. -4- 9. EFFECT OF AGREEMENT ON OTHER MUNICIPALITIES This agreement shall be binding upon, and shall apply only to relations between Joliet and Plainfield. Nothing herein shall be used or construed to affect, support, bind, or invalidated the boundary claims of either Joliet or Plainfield insofar as such shall affect any municipality which is not a party to this agreement. 10. AMENDMENT OF AGREEMENT Neither Joliet nor Plainfield shall either directly or indirectly seek any modification to this agreement through court action, and this agreement shall remain in full force and effect until amended or changed by the mutual agreement of both respective corporate authorities. No verbal changes or modifications for this agreement shall be permitted or allowed. 11. 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. 12. DURATION OF AGREEMENT This agreement shall be in full force and effect until January 1,2024 and for such further and additional time as the parties hereto may agree by written amendment to this agreement. 13. APPLICABLE LAW AND RECORDING REQUIREMENTS (a) Venue for this Boundary Agreement shall be in the courts of the Twelfth judicial Circuit, will County, Illinois. (b) This agreement shall be construed in accordance with the laws of the Stated of Illinois and shall be published by the respective municipalities and recorded or filed with the Will County Recorder, Will County Clerk, Kendall County Recorder, Kendall County Clerk, and others as their interest may appear. 14. ADOPTION OF ORDINANCES The parties agree that this agreement shall be adopted by ordinance approved by the corporate authorities of each municipality. 15. NOTICE Any notices under this agreement shall be sent as follows: -5- To the City: To the Village City of Joliet Village President Attn: City Manager Village of Plainfield 150 W. Jefferson St. 24401 W. Lockport St. Joliet, IL 60432 Plainfield, IL 60544 City of Joliet With copies to: Jim Harvey, Village Attorney Attn: City Attorney Tracy, Johnson& Wilson 150 W. Jefferson St. 2801 Black Road, 2nd Floor Joliet, IL 60432 Joliet, IL 60435 IN WITNESS WHEREOF,the parties hereto have caused the execution of their duly authorized office the 3rd day of December, 2018. Dated at Plainfield, Illinois,this 3rd day of December 2018. ATTEST: //, M.;or of the Village of Plainfield Village of Plainfield Clerk (Seal) -6- Dated at Joliet, Illinois, this 7 qday of 2)6zem/Lb!/h , 2018 ATTEST: Oet4 c�-a3-641( ChlUthal4_ DO4 b Mayor of the City of Joliet Joliet City Clerk (Seal) - 7 - L. " MIIF ,is 1 'Il V ' y ., ' PLAINFIELD 'Pk \ .` , , ... • - ...,„4 „,.. -.-- - . I ....- P ' ',-,1•77--,t,..4% , 4 ,. 1 . , i * ' •••4-al.. . 111„'2.:40'• ,,A.,•--_,,„-• $'.1 4.--4,age...k. 1 I ,,,,,, '` ,-- ” ';''' '.•' .;',1.. p4L I .... V..° ._ ,7, . - ' '-''''''.''''''1111'1H.ta•"::`;.; mr519,, ,:, , . .-,. ..., 0.3.",1 1 . , - PLAI , ! L ;4.4-T- ,1,, - :„.... or ..,,,, •, •_ ...,,,, ,,,, ,.%.,...4_, ,,.. ,,4 •., t * . . t • * '''' w ' 1 .t,- • ' ,,,)w , , 4,44,141 ,-,•7 t 1„,,,,,,-,,,,,...4„ „t„,•• .+ ,411 0`• . ‘. 1 1 C. . ,,,tia 1 ,•:.,':•1,1*.1,41111C;`,- - 1 _,...":". i k_ • ''''' • ,,,- zo,;3110 ,, y 1 ,,,,:°,' ",,, - r4...z.,... ,....;•:-:,..011: ...zr.t).14nt - -,,: " - ;tir•AV!jillKfJki ie.'41111*Z1,• s 41.1 ..,. 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ESII *'"' *•Milli .M,J 'ill ail ri,IN% 'if, .4 4.,,E...ac.-..wi,, .h 4.1,_i_ty.0 -.U.31 la Exhibit "B" LEGAL DESCRIPTION OF BOUNDARY LINE Beginning at the intersection of the centerline of interstate Route 55 and the North line of Section 1, in Township 36 North, and in Range 9 East of the Third Principal Meridian, Will County, Illinois; thence Southerly along the said centerline of Interstate Route 55 approximately 3 '/2 miles to a point on the North line of the Southeast quarter of Section 23,; thence West along said North line to the East line of the Southwest quarter of Said Section 23; thence South along said East line 96.34 feet; thence West parallel with the • North line of said Southwest quarter of Section 23 a distance of 564.22 feet to the Westerly line of a parcel of land described in Document No. R85-9088; thence Southwesterly along said Westerly line and prolongation thereof to the Southerly right of way line of U.S. Route 30; thence Southeasterly along said Southerly right of way line to the Westerly right of way line of aforesaid Interstate Route 55; thence Southerly along said Westerly right of way line to the North line of the South 50 acres of the East half of the Southeast quarter of Section 27; thence West along said North line to the East line of the West half of said Southeast quarter of Section 27; thence South along said East line to a point measured thereon 1581.83 South from the Northeast corner of said West half of the Southeast quarter of Section 27; thence Westerly along a line forming an angle of 90 degrees 03 minutes 15 seconds to the right with the prolongation of the last described line, 510.59 feet to a point 4.00 feet Southeasterly of the Southeasterly edge of Lily Cache Creek running Southwesterly through the said West half of the Southeast quarter; thence Southwesterly along a line 4.00 feet Southeasterly of and parallel with the said Southeasterly edge of Lily Cache Creek and prolongation thereof, to the centerline of the DuPage River; thence Northwesterly along said centerline of the DuPage River to a point in the Northwest quarter of Section 28, said point being on the Easterly line of a parcel of land described in Document No. R79-22157; thence Southwesterly along said Easterly line 80.00 feet to an angle point in said Easterly line; Thence West along the Easterly line of said parcel to the East line of the West 295.8 feet of said Northwest quarter; thence South along said West line to the South line of said Northwest quarter of Section 28; thence West along said South line 295.8 feet to the Northeast corner of the Southeast quarter of Section 29; thence West along the North line of said Southeast quarter of Section 29 to the West line of the East 50 acres of said Southeast quarter of Section 29; thence South along said West line to the North right-of-way line of Caton Farm Road; thence West along said North Right-of-Way line to the East Right-of-Way line of Drauden Road; thence North along said East Right-of- Way line to a point on the Easterly prolongation of the North line of the South 100 acres of the west half of the aforesaid Section 29; thence West along said prolongation and said North line of the South 100 acres and Westerly prolongation thereof to the West Right-of-Way line of the Gardner, Coal City, and Northern Railway Company (now known as the Elgin Joliet and Eastern Railway Company); thence North along said West Right-of-Way line to the North line of fractional Section 30; thence West along said North line to the East line of the West 3617.24 feet of said fractional Section 30; thence South along said East line to the North line of the South 547.00 feet of said fractional Section 30; thence West along said North line 28.24 feet; thence South parallel with the West line of said Fractional Section 30 to the North Right-of-Way line of Caton Farm Road; thence West along said North Right-of-Way line to the East line of the West 2686.00 feet of said fractional Section 30; thence North along said East line to the North 3 ' r i • • line of said fractional Section 30; thence West along said North line to the East line of Section 25, in Township 36 North, and in Range 8 East of the Third Principal Meridian, Kendall County, Illinois; thence South along said East line to the North line of the South 500.00 feet of the Southeast quarter of said Section 25; thence West along said North line to the West line of that part of said Southeast quarter of Section 25 lying Southeasterly of the Indian Boundary line; thence North along said West line to said Indian Boundary line; thence Northeasterly along said Indian Boundary line to the South line of the North half of said Section 25 lying Northwesterly of the Indian Boundary line; thence Westerly along said South line to the East line of the West half of the Northwest quarter of said Section 25; thence North along said East line to the North line of said Northwest quarter of Section 25; thence West along said North line and West along the North line of Sections 26 and 27 to the Northwest corner of said Section 27, also being the Southwest corner of Section 22; thence North along the West line of Section 22 and the West line of Section 15 to the Northwest corner of Section 15 for the terminus of the agreed boundary line. • 4