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HomeMy Public PortalAboutOrdinance 3492 R2023008277 KAREN A.STUKEL WILL COUNTY RECORDER RECORDED ON 02/21/2023 02:52:08 PM REC FEE:41.00 IL RENTAL HSNG: PAGES:14 MSS STATE OF ILLINOIS ) ) SS. COUNTY OF WILL ) I, Michelle Gibas, the duly appointed Village Clerk of the Village of Plainfield, Will and Kendall Counties, Illinois, do hereby certify that the above and foregoing is a true and correct copy of Ordinance No. 3492, an Ordinance authorizing a jurisdictional boundary line agreement between the Village of Plainfield and the City of Aurora. IN WITNESS WHEREOF, this 27th day of January, 2023. MICHELLE GIBAS, VILLAGE CLERK (SEAL) 111111111111111111 °S) 17) Ec rg E: 113 I L 11,,, T FT RECORDER — KENDALL CUUNTYIL RECORDED: 2/24/2023 01:52 PM ORDI: 57.00 RHSPS FEE: 10.08 PAGES: 14 STATE OF ILLINOIS ) ) SS. COUNTY OF WILL ) I, Michelle Gibas, the duly appointed Village Clerk of the Village of Plainfield, Will and Kendall Counties, Illinois, do hereby certify that the above and foregoing is a true and correct copy of Ordinance No. 3492, an Ordinance authorizing a jurisdictional boundary line agreement between the Village of Plainfield and the City of Aurora. IN WITNESS WHEREOF, this 27th day of January, 2023. MICHELLE GIBAS, VILLAGE CLERK (SEAL) ORDINANCE NO. 3492 AN ORDINANCE AUTHORIZING A JURISDICTIONAL BOUNDARY LINE AGREEMENT BETWEEN THE VILLAGE OF PLAINFIELD AND THE CITY OF AURORA 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, the Illinois Municipal Code (65 ILCS 5/11-12-9 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 City of Aurora 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 City of Aurora seek to enter into the Jurisdictional Boundary Line 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 Aurora have caused notice of the proposed Jurisdictional Boundary Line 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 foregoing recitals are hereby incorporated into this Ordinance as if fully set forth herein. Section 2: Execution — The Village President be and is hereby authorized and directed to execute the Jurisdictional Boundary Line 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 16TH DAY OF NOVEMBER, 2020. AYES: Wojowski, Benton, Bonuchi, Calkins, Kalkanis, Larson NAYS: None ABSENT: Collins APPROVED THIS 16TH DAY OF NOVEMBER, 2020. VI AGE PRESI NT 4A" ST: VILLAGE CLERK PREPARED BY AND RETURN TO: VILLAGE OF PLAINFIELD 24401 W. LOCKPORT STREET PLAINFIELD, IL 60544 ATTN: VILLAGE CLERK EXHIBIT B Legal Description Beginning at the point of intersection of the center line of the Elgin, Joliet, and Eastern Railroad and the centerline of 111th Street, thence westerly along the centerline of 111th Street/Rance Road to the Will County and Kendall County line, and continuing due west indefinitely. EXHIBIT C Jurisdictional Boundary Line Agreement THIS JURISDICTIONAL BOUNDARY LINE AGREEMENT (hereinafter "Agreement") is entered into this day of , 2020 by and between the City of Aurora, an Illinois municipal corporation acting pursuant to its home rule powers under Article VII, Section 6(a) of the Illinois Constitution of 1970 (hereinafter "Aurora"), and the Village of Plainfield, an Illinois municipal corporation acting as a home rule unit of government pursuant to Article VII, Section 6(a) of the Illinois Constitution of 1970 (hereinafter "Plainfield") (with the parties hereto collectively referred to as "municipalities") as follows: WHEREAS, the Illinois Municipal Code, 65 ILCS 5/11-12-9, authorizes the corporate authorities of municipalities who have adopted official plans to agree upon a line which shall mark the boundaries of the jurisdiction of each of the respective corporate authorities, and such agreement may provide that the municipality shall not annex territory which lies within the jurisdiction of the other municipality, as established by such line; and, WHEREAS, Aurora and Plainfield have adopted such official plans; and, WHEREAS, Aurora and Plainfield are contiguous to one another at numerous locations; and, WHEREAS, the corporate authorities of both municipalities desire to reach a jurisdictional boundary line agreement in the interest of the orderly and regular development of their respective communities; in the interest of encouraging and aiding the development of the unincorporated areas lying between their municipalities; and in the interest of continuing a long lasting spirit of cooperation which will be in the best interests of both communities; and, WHEREAS, Aurora and Plainfield desire to enter into a jurisdictional boundary line agreement in the interest of the orderly and regular development of their respective communities; in the interest of encouraging and aiding the development of the unincorporated areas lying between their municipalities and in the interest of continuing a spirit of cooperation which will be in the best interest of both communities; and WHEREAS, both corporate authorities have passed ordinances authorizing the execution of this Agreement. NOW, THEREFORE, in consideration of the mutual promises and undertakings set forth herein, it is agreed by Aurora and Plainfield as follows: 1. That Aurora shall have jurisdiction north of a certain boundary line and Plainfield shall have jurisdiction south of a certain boundary line which is delineated on a map which is marked Exhibit A and which is attached hereto and is fully incorporated herein. A legal description of the boundary line is set forth on Exhibit B, which is attached hereto and is fully incorporated herein. In the event of a variance, in the legal description and the boundary map, the legal description shall take precedence. Each municipality shall allow, and shall not object to, the disconnection of any territory presently lying within its municipal boundaries which lies beyond the jurisdictional boundary line as described on Exhibits A and B, whether said disconnection be by petition of the land owner, court action or otherwise. 2. The municipalities shall not attempt to exercise authority by annexing, zoning, extending utilities, or performing any other similar acts in territory lying within the jurisdiction of the other municipality, without the other municipality's permission. 3. Each municipality shall be allowed to keep and maintain any of their existing utilities that are located within the boundary of the other municipality. 4. Eola/ /Ridge Roads - Aurora and Plainfield agree that Eola /Ridge Roads shall be designed to be at minimum a four -lane divided roadway with a landscaped center median with a minimum right-of-way on one hundred (100) feet. As Plainfield has adopted the WIKADUKE Trail Land Use and Access Management Study, on May 3, 2004, Plainfield will coordinate the design/construction of the Ridge Road extension with Aurora, Kendall County, and the Village of Oswego as Ridge Road is planned to connect with Eola Road in the future. The timing of this improvement will be subject to funding and the approvals of the appropriate jurisdictions. Aurora has constructed two lanes of the future four -lane divided roadway, along with the landscaped center median, and has secured the right-of-way necessary for future buildout of the road between Wolf's Crossing and U.S. Route 30. The future buildout of the road will be completed by the developers of the property abutting the road. 5. 111th Street - Aurora and Plainfield agree that 111th street shall be designed at minimum thirty-nine (39) feet back to back with a minimum right-of-way on one hundred (100) feet. • The property north of 111th Street (adjacent to the Boundary Line) as depicted on Exhibit A that has, or will be annexed to Aurora, Aurora shall reconstruct, and/or require the developer to reconstruct, 111th Street, with a design that is consistent with Aurora's Standard Specifications. The timing of this work is at the sole discretion of Aurora. • After the property south of 111th Street (adjacent to the Boundary Line) as depicted on Exhibit A is annexed to Plainfield, Plainfield shall reconstruct, and/or require the developer to reconstruct, 111th Street, with a design that is consistent with Plainfield's Standard Specifications. The timing of this work is at the sole discretion of Plainfield. Aurora and Plainfield agree to share design plans, for their respective roadway sections, before reconstruction and collectively to work together to provide a consistent and coordinated roadway section,for 111th Street within Aurora and Plainfield, and further to work cooperatively to coordinate the design and construction of their respective roadway sections of 111th Street with sections of 111th Street that may be constructed by Naperville and Oswego that are adjacent or contiguous to sections of 111th Street constructed by Aurora or Plainfield. 6. Police, Fire, and Public Works Jurisdictions — The Parties recognize that the Boundary Line will in some areas run to the middle of certain streets, and that providing police, fire, and public works services in such cases can be difficult without intergovernmental cooperation. Both r` Parties agree police, fire, and public works jurisdiction shall extend to the middle of any such street unless otherwise specified in an intergovernmental service agreement. but further agree to carefully consider and work towards such an intergovernmental agreement which fairly assigns services in the safest and most efficient way reasonably possible. 7 The respective municipal authorities intend, by this Agreement. to bind themselves and their successors to the fullest lawful extent. The term of this Agreement shall be for 20 years or such further term as authorized by law. 8. The municipalities deem each clause, paragraph and undertaking herein to be severable and the application of this Agreement to any individual landowners to likewise be severable. Therefore, the municipalities agree that in the event any clause, paragraph or undertaking is deemed invalid or unconstitutional, or in the event the application of this Agreement to any landowner is deemed invalid or unconstitutional or otherwise unenforceable, such invalidity, unconstitutionality or unenforceability shall not affect the other undertakings made herein by the municipalities, and the rest of the Agreement and its application to landowners shall remain in full force and effect. THE CITY OF AURORA. a Municipal Corporation By: f' •. Its Mayor Attest: By.9A11 / ElE2r City Clerk THE VILLAGE OF PLAINFIELD. Municipal Corporation By: Its Mayor Attest- By: Village Clerk Parties agree police, fire, and public works jurisdiction shall extend to the middle of any such street unless otherwise specified in an intergovernmental service agreement, but further agree to carefully consider and work towards such an intergovernmental agreement which fairly assigns services in the safest and most efficient way reasonably possible. 7 The respective municipal authorities intend, by this Agreement, to bind themselves and their successors to the fullest lawful extent. The term of this Agreement shall be for 20 years or such further term as authorized by law. 8. The municipalities deem each clause, paragraph and undertaking herein to be severable and the application of this Agreement to any individual landowners to likewise be severable. Therefore, the municipalities agree that in the event any clause, paragraph or undertaking is deemed invalid or unconstitutional, or in the event the application of this Agreement to any landowner is deemed invalid or unconstitutional or otherwise unenforceable, such invalidity, unconstitutionality or unenforceability shall not affect the other undertakings made herein by the municipalities, and the rest of the Agreement and its application to landowners shall remain in full force and effect. THE CITY OF AURORA, a Municipal Corporation By: Its Mayor Attest: By: City Clerk THE VILLAGE OF PLAINFIELD, Municipal Corporation Att By: Village Clerk EXHIBIT A - Boundary Map AURORA-PLAINFIELD RANCE RD W'IAREN O't' W KELLY CC' W-PRAIRim 2 SCOTCH RD BOUNDARY AGREEMENT BLUEJAY LN-a —W-103 RD'ST -CAL- ;I Y ¢ S-ROYg- PO,P <LU CO Nt ASHWDOD RD }. GORKTREE'�� SASSAFR`P OARPENTER,RD— LAGEBARK-L•N—' NAPERVILLE CkAMP ION RD Aurora -Plainfield Boundary Agreement Beginning at the point of intersection of the center line of the Elgin, Joliet, and Eastern Railroad and the centerline of 111th Street, thence westerly along the centerline of 111th Street/Rance Road to the Will County and Kendall County line, and continuing due west indefinitely. W DAVIOS CT. RYDER Cr W IIITHST 0.5 0.25 0 0.5 Miles tua STATE OF ILLINOIS ) COUNTIES OF KANE, DUPAGE,) KENDALL AND WILL ) CITY OF AURORA ) CERTIFICATE I, Jennifer Stallings, DO HEREBY CERTIFY THAT I am the City Clerk of the City of Aurora, Kane, DuPage, Kendall and Will Counties, Illinois and, as such officer, I have the lawful power and duty to keep a record of all proceedings of the City Council of said City, and of all Ordinances and Resolutions presented to or passed by said City Council. I DO HEREBY FURTHER CERTIFY that the foregoing document is a true, correct and complete copy of: RESOLUTION NO. R20-255 A RESOLUTION AUTHORIZING AND APPROVING AN EXTENSION OF THE INTERGOVERNMENTAL AGREEMENT BETWEEN THE CITY OF AURORA AND THE VILLAGE OF PLAINFIELD which was approved on November 10, 2020, is on file in my office and that the proceedings of the City Council of said City at the meeting duly called and held on November 10, 2020, were in accordance with applicable laws, at which a quorum was present and acting throughout. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the Corporate Seal of the City of Aurora, in the State of Illinois this 17TH day of November, 2020. -nn -r Stallings City Clerk (SEAL) City of Aurora, Illinois CITY OF AURORA, ILLINOIS RESOLUTION NO. PA)'c)S5 DATE OF PASSAGE Ne rtheri1 /O>t¢ A Resolution Authorizing and Approving an Extension of the Intergovernmental Agreement between the City of Aurora and the Village of Plainfield. WHEREAS, the City of Aurora has a population of more than 25,000 persons and is, therefore, a home rule unit under subsection (a) of Section 6 of Article VII of the Illinois Constitution of 1970; and WHEREAS, subject to said Section, a home rule unit may exercise any power and perform any function pertaining to its government and affairs for the protection of the public health, safety, morals, and welfare; and WHEREAS, the City of Aurora (hereinafter "CITY") and Village of Plainfield (hereinafter "Village of Plainfield") are each legal entities organized and existing under the laws of the State of Illinois, having among their powers the authority to contract with one another to perform the undertaking described herein; and WHEREAS, the CITY and Village of Plainfield are public agencies within the meaning of the Illinois Intergovernmental Cooperation Act as provided for in 5 ILCS 220/1, et seq.; and WHEREAS, the purpose of the Intergovernmental Cooperation Act and Article 7, Section 10 of the 1970 Constitution of the State of Illinois include fostering cooperation among units of local government in planning and providing services to their constituents; and WHEREAS, the CITY and Village of Plainfield seek to enter into an intergovernmental agreement regarding Jurisdictional Boundary Line Agreement between the City of Aurora and the Village of Plainfield; and WHEREAS, the City Council of the City of Aurora has determined that it is in the best interest of the City and its residents to enter into this Agreement; and WHEREAS, the City Council has reviewed and approved the attached Intergovernmental Agreement; and RESOLUTION NO.�'0 DATE OF PASSAGE rmAte- 10{,?o 'Q NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Aurora, Illinois, that the attached amended Intergovernmental Agreement between the CITY and Village of Plainfield for Jurisdictional Boundary Line Agreement between the City of Aurora and the Village of Plainfield be approved, and the Mayor of the City of Aurora is hereby authorized and directed to execute the Intergovernmental Agreement on the behalf of the City. NOW, THEREFORE, BE IT FURTHER RESOLVED that City Clerk be directed to transmit certified copes of this Resolution and the attached Intergovernmental Agreement to Village of Plainfield with copies to the City of Aurora Corporation Council and the Finance Director. BE IT FURTHER RESOLVED that the Mayor and City Clerk be and are hereby authorized to cooperate with the Village of Plainfield. RESOLUTION NO.V 90- ram PASSED AND APPROVED ON Ovf',nUU{11 /0 AYES l a_ NAYS 0 NOT VOTING 0 ABSENT 0 ALDERMAN Vote Alderman Llamas,Ward 1 Alderman Garza,Ward 2 ()co Alderman Mesiacos, Ward 3 Alderman Donnell,Ward 4 11) Alderman Franco, Ward 5 Alderman Saville,Ward 6 p Alderman Hart-Burns, Ward 7 Alderman Smith,Ward 8 Alderman Bugg,Ward 9 Alderman Lofchie,Ward 10 Alderman Jenkins,At Large l Alderman O'Connor,At Large � ,,^ ATTEST: Clerk Mayor 20-0672 RECOMMENDATION TO: THE COMMITTEE OF THE WHOLE FROM: THE BUILDING, ZONING AND ECONOMIC DEVELOPMENT COMMITTEE The Building, Zoning and Economic Development Committee at the regular meeting on Wednesday, October 28,2020 recommended APPROVAL of A Resolution Authorizing and Approving an Extension of the Intergovernmental Agreement between the City of Aurora and the Village of Plainfield. VOTE: 5-0 Submitted B AO lderman Michael Saville, Chairperson Al•- an uan a a )A 140a 4 Al CO Alderman Sherm. ;ins, Vice Chairperson Alderm., Ro aert J. O'Connor Alderman Carl ranco Dated this 28th day of October, 2020