Ordinance 2020-57 UNITED CITY OF YORKVILLE
KENDALL COUNTY, ILLINOIS
ORDINANCE NO. 2020-57
AN ORDINANCE AUTHORIZING A JURISDICTIONAL BOUNDARY LINE
AGREEMENT BETWEEN THE UNITED CITY OF YORKVILLE
AND THE VILLAGE OF PLAINFIELD
Passed by the City Council of the
United City of Yorkville,Kendall County,Illinois
This 241 day of November,2020
Prepared by and Return to:
United City of Yorkville
800 Game Farm Road
Yorkville,IL 60560
Published in pamphlet form by the
authority of the Mayor and City Council
of the United City of Yorkville,Kendall
County,Illinois on January 14,2020.
Ordinance No.2020-57
AN ORDINANCE AUTHORIZING A JURISDICTIONAL BOUNDARY
LINE AGREEMENT BETWEEN THE UNITED CITY OF YORKVILLE
AND THE VILLAGE OF PLAINFIELD
WHEREAS, the United City of Yorkville (the "City") is a duly organized and
validly existing non home-rule municipality created in accordance with the constitution of
the State of Illinois of 1970 and the laws of the State of Illinois; and,
WHEREAS, there is unincorporated territory lying between the City and the
Village of Plainfield ("Plainfield") that was the subject of a previous Jurisdictional
Boundary Line Agreement ("Boundary Agreement') entered into between the City and
Plainfield and it is the desire of each to update and extend the terms of that Boundary
Agreement for an additional twenty years; and,
WHEREAS, the Section 11-12-9 of the Illinois Municipal Code (65 ILCS 5/11-12-
9) provides for the entering into jurisdictional boundary line agreements after notice and
hearing; and,
WHEREAS, The City and Plainfield have negotiated a new Boundary Agreement
to establish a jurisdictional boundary line in order to enable each municipality to plan the
orderly growth and development of their communities by the exercise of their planning,
annexation, zoning and subdivision authority on its side of the boundary line.
NOW THEREFORE, BE IT ORDAINED, by the Mayor and City Council of the
United City of Yorkville, Kendall County, State of Illinois, as follows:
Section 1: That the JURISDICTIONAL BOUNDARY LINE AGREEMENT
BETWEEN VILLAGE OF PLAINFIELD, KENDALL AND WILL COUNTIES AND THE
UNITED CITY OF YORKVILLE, KENDALL COUNTY, ILLINOIS, between the United
City of Yorkville and the Village of Plainfield, a copy of which is attached hereto and
made a part hereof as Exhibit A, be and the same is hereby approved and the Mayor and
City Clerk be and are hereby authorized and directed to execute the Agreement on behalf
of the United City of Yorkville.
Section 2: This Ordinance shall be in full force and effect upon its passage and
approval according to law.
Passed by the City Council of the United City of Yorkville, Kendall County,
Illinois this 24t`day of November, A.D. 2020.
0�
CITY CLERK
Ordinance No.2020-57
Page 2
KEN KOCH ABSENT DAN TRANSIER AYE
JACKIE MILSCHEWSKI AYE ARDEN JOE PLOCHER AYE
CHRIS FUNKHOUSER AYE JOEL FRIEDERS AYE
SEAVER TARULIS AYE JASON PETERSON AYE
APPROVED by me, as Mayor of the United City of Yorkville, Kendall County,
Illinois this 1�'day of JA4UAp2 Y , A.D. 2020.
MAYOR
Ordinance No.2020-57
Page 3
STATE OF ILLINOIS ) ,,,,, r 0 0 F 12,3
A
)ss
COUNTY OF KENDALL ) D IL B L F
RECORDEF: -- KENI)ALL COUNTY, IL
RECORDED: 1/14/2021 11:17 APB
AGR: 57.96 RHSPS FEE: 10.00
PAGES: E
THIS IS A COVER PAGE
FOR RECORDING PURPOSES ONLY
JURISDICTIONAL BOUNDARY LINE AGREEMENT
BETWEEN THE VILLAGE OF PLAINFIELD
AND THE UNITED CITY OF YORKVILLE
WILL AND KENDALL COUNTIES, ILLINOIS
Prepared by and Return to:
United City of Yorkville
800 Game Farm Road
Yorkville,IL 60560
JURISDICTIONAL BOUNDARY LINE AGREEMENT BETWEEN THE
VILLAGE OF PLAINFIELD AND THE UNITED CITY OF YORKVILLE,
WILL AND KENDALL COUNTIES,ILLINOIS
WHEREAS, the Village of Plainfield, Will and Kendall Counties, Illinois ("Plainfield")
is a home-rule municipality pursuant to Article VII, Section 6(a) of the Constitution of the State
of Illinois of 1970 (the "Constitution") and the United City of Yorkville, Kendall County, Illinois
(the "Yorkville") is a non-home rule municipality pursuant to the Constitution and the laws of the
State of Illinois; and,
WHEREAS, both Plainfield and Yorkville, being units of local government, have the
authority 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
pursuant to Article VII, Section 10 of the Constitution; and,
WHEREAS, pursuant to the Constitutional authority as aforesaid, Plainfield and
Yorkville entered into a Jurisdictional Boundary Line Agreement, dated January 31, 2001, which
recognized 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,
ecological and economic impact and multi-purpose developments are ever increasing both in
number and complexity and there is a need and desirability to provide for logical municipal
boundaries and areas of municipal authority between these respective municipalities in order to
plan effectively and efficiently for the growth and potential development between their
communities; and,
WHEREAS, Plainfield and Yorkville desire to renew their agreement because the land
lying between their present boundaries continue to rapidly develop and cooperation between the
municipalities is necessary to address the demands which accompany development for
transportation services, utility services and policing; and,
WHEREAS, Plainfield and Yorkville have entered into this Agreement as an exercise of
their intergovernmental cooperation authority under the Constitution.
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, subdivision
control, official map, ordinances, and other municipal purposes shall be as follows:
The centerline of Grove Road from Van Dyke Road, Kendall County, Illinois,
extending north beyond Cherry Road, a distance of approximately 7.24 miles (the
"Jurisdictional Boundary Line") as depicted on the map attached hereto and made a
part hereof.
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 either Plainfield or Yorkville is better able to provide municipal
water or sewer service to a particular parcel of land lying outside its boundaries, and
annexed or to be annexed to the other municipality (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 boundaries 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.
4. In the event that either municipality's subdivision control authority cannot be
exercised on its side of the said Jurisdictional Boundary Line because such
municipality is not located within one and one-half (1 %2) miles of a proposed
subdivision, and if the other municipality is located within one and one-half miles of
said subdivision, then, in those events, each municipality hereby transfers its
subdivision control authority to the other municipality pursuant to Section 10, Article
VII of the Constitution 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 municipality 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 municipality is located within one and one-half
(1 ''/z) miles of said subdivision,then the latter municipality shall exercise subdivision
control notwithstanding the boundaries established by this Agreement.
5. 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 both
respective corporate authorities.
6. 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.
7. 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.
8. 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.
9. This Agreement shall be in full force and effect for a period of twenty (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.
10. 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.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be
executed by their duly authorized officers on the above date at Yorkville, Illinois.
United City of Y rkville, Kendall County,
Illinois, a mun' p orporation
By:
7
Mayor
31a0a i —
Attest:
City Clerk
Village of Plainfield, Will County, Illinois
a municipal rporation
By:
Ma or
Attest:
Village Clerk
Legal Description
BEGINNING AT THE INTERSECTION OF THE CENTER LINE OF GROVE ROAD AND THE CENTER LINE OF THE
DRIVEWAY ON THE EAST SIDE OF GROVE ROAD LOCATED 860', MORE OR LESS, NORTH OF THE SOUTH
LINE OF THE SOUTHEAST QUARTER OF SECTION 32,TOWNSHIP 37 NORTH, RANGE 8 EAST OF THE THIRD
PRINCIPAL MERIDIAN;THENCE SOUTHERLY ALONG THE CENTERLINE OF GROVE ROAD TO THE
CENTERLINE OF VAN DYKE ROAD. Kendo ll COun1l�' vlioo iz
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PROPOSED YORKVILLE/PLAINFIELD BOUNDARY AGREEMENT
,ego caT` UNITED CITY OF YORKVILLE, ILLINOIS
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ADDRESS: 800 Game Farm Road,Yorkville Illinois DATE:June 30,2020
ga DATA: All permit data and geographic data are property of the United City of Yorkville
LOCATION: (I:)//Community Development/Boundary Agreements/Plano Boundary Map