Ordinance 2000-22 4
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STATE OF ILLINOIS )
COUNTY OF KENDALL )
ORDINANCE NO. 2000-.2�
AN ORDINANCE AUTHORIZING THE EXECUTION OF A
BOUNDARY AGREEMENT BETWEEN THE
UNITED CITY OF YORKVILLE, KENDALL COUNTY,ILLINOIS AND
THE VILLAGE OF SUGAR GROVE, KANE COUNTY, 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 SUGAR GROVE
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,Baseline Road and U.S.Route 30 is the proposed boundary line being adopted
between the municipalities and that all territory South of that line is considered to be in the Planning
Area of the UNITED CITY OF YORKVILLE and all territory North of that line is considered to be
in the Planning Area of the VILLAGE OF SUGAR GROVE; 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
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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 COUNCIL OF
THE UNITED CITY OF YORKVILLE, KENDALL COUNTY, ILLINOIS, as follows:
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.
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BURTON CALL
MER DAVE DOCKSTADER
RICHARD STICKA MIKE ANDERSON
VALERIE BURD ROSE SPEARS
LARRY KOT
THOMAS SOWINSKI V
APPROVED by me,as Mayor of the United City of Yorkville,Kendall County,Illinois,this
e'
- day of I I UIZA , A.D. 2000 .
MAYOR
PASSED by the City Council of the United City of Yorkville,Kendall County,Illinois this
1 �day of R% , A.D. 201 .
Attest: /'y L6(.d_ 'k-K.
CITY CLERK
Prepared by:
Law Offices of Daniel J. Kramer
1107A S. Bridge Street
Yorkville, Illinois 60560
630.553.9500
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200100005726
Filed for Record in
KENDALL COUNTY, ILLINOIS
PAUL ANDERSON
04-09-2001 At 01:52 pm.
AGREEMLNI 20.00
JURISDICTIONAL BOUNDARY LINE AGREEMENT
BETWEEN
VILLAGE OF SUGAR GROVE AND THE UNITED CITY OF YORKVILLE,
KANE AND KENDALL COUNTY, ILLINOIS
WHEREAS, unincorporated lands lying between the existing municipal boundaries of the
VILLAGE OF SUGAR GROVE and the UNITED CITY OF YORKVILLE, KANE AND
KENDALL COUNTY, ILLINOIS, are developing areas; and
WHEREAS, developments under way or in various stages of planning are creating
unusual growth opportunities between the VILLAGE OF SUGAR GROVE and the UNITED
CITY OF YORKVILLE; and
WHEREAS, the VILLAGE OF SUGAR GROVE and the UNITED CITY OF
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, 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 creating a new
spirit of cooperation which will be in the best interests of both communities; and
WHEREAS, the VILLAGE OF SUGAR GROVE and the UNITED CITY OF
YORKVILLE recognize that the land lying between their present municipal boundaries is in a
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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, the VILLAGE OF SUGAR GROVE and the UNITED CITY OF
YORKVILLE and their respective citizens are vitally affected by said development problems and
issues and any attempt to solve them and provide for the welfare, prosperity and enjoyment of
the inhabitants of said municipalities,will be benefited by mutual action and intergovernmental
cooperation with respect thereto; and
WHEREAS, the VILLAGE OF SUGAR GROVE and the UNITED CITY OF
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
WHEREAS, in examining and shaping their plans, the VILLAGE OF SUGAR GROVE
and the UNITED CITY OF YORKVILLE acknowledge that the planning required should be free
from the influence of developers' finances; and
WHEREAS, the VILLAGE OF SUGAR GROVE and the UNITED CITY OF
YORKVILLE have authorized, by Ordinance, the execution of this agreement as an exercise of
their intergovernmental cooperation authority under the Constitution of the State of Illinois, and
pursuant to the terms and provisions of Section 5/11-12-9 of the Illinois Municipal Code (65
ILCD 5/11-12-9).
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
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between the VILLAGE OF SUGAR GROVE and the UNITED CITY OF YORKVILLE, as
follows:
1. That the VILLAGE OF SUGAR GROVE shall have jurisdiction north of a certain
boundary line and the UNITED CITY OF YORKVILLE 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. The Boundary Line shall be the boundary between Kane
and Kendall Counties.
2. The parties shall not attempt to exercise authority by annexing, zoning, or
performing any other similar acts in territory lying within the jurisdiction of the other
municipality.
3. The Jurisdictional Boundary Line between the VILLAGE OF SUGAR GROVE
and the UNITED CITY OF YORKVILLE, for municipal government planning, subdivision
control and municipal purposes shall be as shown in Exhibit "A"which is attached hereto.
4. All fixture annexation Ordinances adopted by the corporate authorities of both
Cities shall be adopted in such form as to conform with the provisions of this Agreement. Each
City hereby agrees that it shall not act to annex or exercise any zoning authority or subdivision
control authority beyond the Jurisdictional Boundary Line established in 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 objection to proposed rezoning within one and one-half
(1 1/2) miles of its corporate limits.
6. Each City agrees that it will actively oppose any attempt to effectuate an
involuntary annexation to its respective municipality which annexation would have the effect of
changing the corporate jurisdictional line established under this Agreement.
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7. Both municipalities shall adopt appropriate Ordinances for the protection of well
sites and groundwater.
8. Nothing contained herein shall require either municipality to make improvements
to Baseline Road.
In the event that either municipality has an owner or developer along Baseline Road
seeking Baseline Roadway improvements, said improvements shall be constructed by this owner
or developer. A Recapture Ordinance for 50% of the cost of said roadway improvements with
interest shall be enacted by the other municipality. If and when development occurs adjacent to
the improved Baseline Road, then appropriate payment shall be made to the initial investor. The
standard for any improvements to Baseline Road will be a thirty nine foot (39')back of B6.12
curb to back of B6.12 curb. The structural section shall be determined by I.D.O.T. standards for
a 80,000 pound truck but shall be a minimum section of. 6"bituminous concrete, 12" crushed
CA6 stone, and pavement fabric, the right-of-way required shall be 100'(50' from the centerline
of Baseline Road). The street shall have 5"x 5' sidewalks on both sides with a full street
lighting system to be approved by both parties and street trees. The minimum building setback
shall be established at 50' for structures and 20' for parking lots. The access points to be
mutually agreed by both communities.
Each City agrees to cooperate with any third party governmental agency which is
desirous of taking jurisdiction of Baseline Road, such as the State of Illinois or the County of
Kane or Kendall.
Each City agrees that no further expansions to or improvements of Baseline Road, west
of U.S. Route 47, shall be made without consulting the other municipality concerning the nature
and scope of further improvements and the financing of further improvements to Baseline Road.
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9. It is agreed that neither the VILLAGE OF SUGAR GROVE nor the UNITED
CITY OF YORKVILLE shall either directly or indirectly seek any modification of this
Agreement through court action and that this Agreement shall remain in full force and effect
until amended or changed by the mutual Agreement of both respective corporate authorities.
10. If any provision 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 provision and to this end the provisions of this Agreement are to be severable.
11. This Agreement shall be construed in accordance with the laws of the State of
Illinois and shall be published by the respective Cities and recorded or filed with appropriate
County Recorders, County Clerks, and others as their interest may appear.
12. This Agreement shall be in full force and affect from and after its adoption and
execution by the VILLAGE OF SUGAR GROVE and by the UNITED CITY OF YORKVILLE
and shall continue in full force and affect for a period of twenty(20) years. The term of this
Agreement may be extended, renewed or revised at the end of the initial term or extended terms
hereof by further agreement of the municipalities.
13. Major repairs or maintenance to Baseline Road to which both municipalities are
contiguous at the time of repair shall be on a 50150% cost sharing basis. Both municipalities
shall agree as to the nature and extent of the major repairs or maintenance. Additionally, local
costs for signalizations on said roads shall be allocated based upon the number of intersection
quadrants located in each municipality.
14. The parties 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 parties agree that in the event any clause, paragraph or undertaking is deemed
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invalid or unconstitutional, or in the event the application of this Agreement to any landowner is
seemed invalid or unconstitutional or otherwise unenforceable, such invalidity,
unconstitutionality or unenforceability shall not affect the other undertakings made herein by the
parties, and the rest of the Agreement and its application to landowners shall remain in full force
and effect.
15. Either party that receives a development request within '/4 mile of the established
boundary contained herein shall contact the other party in writing and extend an opportunity for
them to see the plan and to offer comments.
IN WITNESS WHEREOF THE VILLAGE OF SUGAR GROVE AND THE UNITED
CITY OF YORKVILLE have caused this Jurisdictional Boundary Line Agreement to be
executed by their respective Mayor and Village President and attested by their respective City
and Village Clerk,pursuant to Ordinances adopted by each municipality authorizing the
execution of this Jurisdictional Boundary Line Agreement.
VILLAGE OF SUGAR GROVE
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BY:
Village President
ATTEST:
Village Clerk
UNITED CIT OF YORKVIL
BY: "�4
Mayor.
ATTEST:
City Clerk
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I EXHIBIT
YORKVIL E SUGAR GROVE
BOUNDARY AGREEMENT
I y I I
I LEGEND
i 1 i CURRENT CORP . LIMITS
BOUNDARY LINE —
i ! 47 !
SCALE: 1 IN , = 2000 FT, DATE: APRIL 1 $, 2000