Ordinance 2001-03 r '
STATE OF ILLINOIS )
COUNTY OF KENDALL )
ORDINANCE NO. 2001- 3
AN ORDINANCE AUTHORIZING THE EXECUTION OF A
BOUNDARY AGREEMENT BETWEEN THE UNITED CITY
OF YORKVILLE,ILLINOIS AND THE VILLAGE OF PLAINFIELD,ILLINOIS
WHEREAS, it is in the best interests of the UNITED CITY OF YORKVILLE, Kendall
County, Illinois, that a certain boundary agreement between the VILLAGE,OF PLAINFIELD and
the UNITED CITY OF YORKVILLE, pertaining to land lying between their present municipal
boundaries,a copy of which is attached hereto and made a part hereof and designated as Exhibit"A",
be entered into; and
WHEREAS, the statutory procedures provided for in division 12 of Article 11 of the
Municipal Code, as amended, for the execution of said boundary agreement have been fully
complied with; and
WHEREAS, the corporate authorities, after due investigation and consideration have
determined that entering into the boundary agreement in the form of Exhibit"A"hereto will serve
the public good and benefit the UNITED CITY OF YORKVILLE and be compatible with the future
development of the UNITED CITY OF YORKVILLE.
NOW THEREFORE,BE IT ORDAINED BY THE MAYOR AND CITY CLERK OF THE
UNITED CITY OF YORKVILLE, KENDALL COUNTY, ILLINOIS, as follows:
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Section 1: That the MAYOR and Alderman of the UNITED CITY OF YORKVILLE
hereby find as facts all of the recitals in the preamble of this Ordinance, as well as the preambles
contained in the Boundary Agreement in the form of Exhibit"A"hereto.
Section 2: That the MAYOR 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.
Section 3: That this Ordinance is adopted pursuant to the provisions and procedures set
forth in Section 5/11-12-9 of the Illinois Compiled Statutes (65 ILCS 5/11-12-9).
Section 4: The City Clerk be and she is hereby authorized and directed to file a certified
copy of this Ordinance and the Agreement, after execution by all parties, in the Office of the
Recorder of Deeds of Kendall County, Illinois and file for record in her office three copies of the
executed Agreement.
Section 5: This Ordinance and the Agreement attached hereto as Exhibit "A" shall be
in full force and affect after certified copies of this Ordinance and the Agreement attached hereto as
Exhibit"A"have been filed for record as provided for in Section 4 of this Ordinance and as further
provided by Law.
PASSED by the CITY CLERK of the UNITED CITY OF YORKVILLE at a regular meeting
thereof held on the orl ay of'J-0iw , 2001.
SIGNED and APPROVED by the MAYOR of the UNITED CITY OF YORKVILLE on the
day of . , 2001.
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PAUL JAMES
RICHARD STICKA MIKE ANDERSON
VALERIE BURD ROSE SPEARS
LARRY KOT THOMAS SOWINSKI
APPROVED by me,as Mayor of the United City of Yorkville,Kendall County,Illinois,this
Aay of , A.D. 20 �.
MAYOR
PASSED by the City Council of the United City of Yorkville,Kendall County,Illinois this
a "day of , A.D. 2010/.
Attest: "bmdj-,
CITY CLERK
Prepared by:
Law Offices of Daniel J. Kramer
I I 07 S. Bridge Street
Yorkville, Illinois 60560
630.553.9500
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JURISDICTIONAL BOUNDARY LINE AGREEMENMj t.mt.ry 0C)
BETWEEN
THE VILLAGE OF PLAINFIELD AND THE UNITED CITY OF YORKVILLE
WILL AND KENDALL COUNTY, ILLINOIS
WHEREAS, a portion of unincorporated Will and Kendall Counties lying between the
VILLAGE OF PLAINFIELD, Will County, Illinois, hereinafter referred to as "PLAINFIELD",
and THE UNITED CITY OF YORKVILLE, Kendall County, Illinois, hereinafter referred to as
"YORKVILLE", 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 YORKVILLE; and
WHEREAS, PLAINFIELD and YORKVILLE realize 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, PLAINFIELD and YORKVILLE 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 multipurpose developments are ever increasing both in number and
complexity; and
WHEREAS, PLAINFIELD and YORKVILLE are units of local government as defined
by Article VII, Section 1, of the Constitution 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 function, in any manner not prohibited by law or
ordinances; and
WHEREAS, PLAINFIELD and YORKVILLE 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
1
WHEREAS, PLAINFIELD and YORKVILLE 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 PLAINFIELD and YORKVILLE, as follows:
1. PLAINFIELD and YORKVILLE agree that in the unincorporated area lying
between the two municipalities, the boundary line for municipal government
planning, Facilities Planning Area, subdivision control, official map, ordinances,
and other municipal purposes shall be as follows:
The centerline of Grove Road from the northerly limit of Na-au-say Township,
Kendall County, Illinois extending south to the southerly limit of Na-au-say
Township, Kendall County, Illinois.
Attached hereto and made a part hereof is map designating said boundary line.
2. With respect to the property lying westerly of the aforesaid line, YORKVILLE
agrees, and with respect to the property lying easterly of the aforesaid line,
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.
3. In the event that PLAINFIELD or YORKVILLE is better able to provide
municipal water or sewer service to a particular parcel of land lying outside its City
limits, and annexed or to be annexed to the other City (as to PLAINFIELD lying
east of the Jurisdictional Boundary Line, and as to YORKVILLE, a parcel lying
west of the Jurisdictional Boundary Line), the municipality better able to provide
service shall not refuse service simply because the parcel is not within its City
limits and shall not require annexation, but shall, subject to availability and
capacity, allow connection to and service from its utility system, subject at all
times to the ordinances, fees and charges (uniformly applied) applicable to the
providing of service to lands outside of the municipality.
2
4. Both municipalities agree to not file any formal objection with the Northern Illinois
Planning Commission (NIPC), or other governing body, relative to Facility
Planning Area Amendments as long as the proposed amendment does not
contradict the Boundary established by this Agreement.
5. In the event that either City's Subdivision Control Authority cannot be exercised
on its side of the said boundary because such City is not located within one and
one-half(1'/z) miles of a proposed subdivision, and if the other City is located
within one and one-half miles of said subdivision, then, in those events, each City
hereby transfers its Subdivision Control Authority to the other City pursuant to
Section 10, Article VII, Constitution of Illinois of 1970, so that Subdivision
Control can be effected within the subject area as defined herein. 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 City cannot
exercise its Subdivision Control on its side of the said boundary because it is not
located within one and one-half(1'/2) miles of a proposed subdivision, and if the
other City is located within one and one-half(1'/z) miles of said subdivision, then
the latter City shall exercise Subdivision Control notwithstanding the boundaries
established by this Agreement.
6. Both municipalities shall adopt appropriate Ordinances for the protection of well
sites and groundwater.
7. Neither PLAINFIELD nor YORKVILLE 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 bother respective corporate authorities.
8. PLAINFIELD and YORKVILLE agree that Grove Road shall be designed to be a
39' back to back curb width with a minimum right-of-way of eighty (80)
feet as depicted on Exhibit B herein. Each municipality will require that full
improvement to Grove Road as development occurs adjacent to the right-of-way.
Each municipality agrees to enact a recapture agreement for 50% of the costs to
improve Grove Road as the later development occurs on a front-foot basis.
3
Furthermore, as development occurs in this area, the two communities will
coordinate review and design of the developments adjacent to the boundary of
Grove Road.
It is understood by both PLAINFIELD and YORKVILLE that the boundary line is
along the centerline of Grove Road and should that alignment change, so does the
boundary line physically change if neither municipality has already annexed
affected property. If either municipality has annexed any affected properties, both
municipalities agree to work toward an agreeable realignment of the boundary.
9. Maintenance responsibility will be 50/50 percent ultimately. However,
maintenance responsibility shall be applicable only to the extent that either
PLAINFIELD or YORKVILLE has developed frontage along Grove Road.
10. If any provisions of the Agreement shall be declared invalid for any reason, such
invalidation shall not affect other provisions of the Agreement, which can be given
effect without the invalid provisions, and to this end the provisions of this
Agreement are too severable.
11. PLAINFIELD and YORKVILLE agree to jointly cooperate with other agencies
such as the Forest Preserve, State Agencies, Federal Agencies and others in an
effort to set aside open space in order to retain the rural atmosphere of Kendall
County.
12. The provisions of this Agreement shall not apply to property owned or under
contract to purchase by either PLAINFIELD or YORKVILLE during the time of
said ownership or purchase agreement.
13. 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.
14. This Agreement shall be construed in accordance with the laws or the State of
Illinois and shall be published by the respective municipalities and recorded or filed
with appropriate County recorders, County Clerks, and others as their interest may
appear.
4
IN WITNESS WHEREOF, the parties hereto have caused the execution of their duly authorized
officer this day of 2004.
VILLAGE OF PLAINFIELD, UNITED CITY OF YORKVILLE,
Will County, Illinois Kendall County, Illinois
'char Arthur F. Prochaska, Jr.
61
Village President Mayor
ATTE T: ATTEST:
YE/i
Village Clerk City Clerk
agmntbndypinfd
5
JAN.11.2001 9:03AM VILLAGE OF PLFD NO.242 P.7
r •
PLAINFIELD/YORKVILLE BOUNDARY AGREEMENT
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1
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