VILLAGE OF SUGAR GROVE BOARD REPORT TO: VILLAGE …

VILLAGE OF SUGAR GROVE BOARD REPORT

TO: VILLAGE PRESIDENT & BOARD OF TRUSTEES

FROM: WALTER MAGDZIARZ, COMMUNITY DEVELOPMENT DIRECTOR

SUBJECT: PUBLIC HEARING: BIG ROCK BOUNDARY AGREEMENT

AGENDA: NOVEMBER 16, 2021 VILLAGE BOARD MEETING

DATE: NOVEMBER 12, 2021

ISSUE Shall the Village Board hold a public hearing to collect comments from the public concerning establishing a boundary line agreement with the Village of Big Rock. DISCUSSION The leadership in both communities has determined it would be in the best interests of both communities to establish a boundary line agreement in the absence of development pressure. The proposed boundary agreement line is generally along the Big Rock Township line from the Kendall County line and extended north to Main Street in Blackberry Township. There are exceptions for territory currently annexed to Sugar Grove and for two specific parcels the Scott farm and Rich Harvest Farms property which may be annexed to either community at the discretion of the respective property owner. ATTACHMENTS Public hearing notice Intergovernmental Agreement establishing a boundary line agreement Boundary line agreement map COSTS Aside from the cost of publication of the required notice, there is no cost associated with the requested action. RECOMMENDATION That the Village President open the public hearing, accept public comment, and close the public hearing.

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NOTICE OF PUBLIC HEARING PROPOSED BOUNDARY AGREEMENT

BETWEEN THE VILLAGE OF SUGAR GROVE AND THE VILLAGE OF BIG ROCK

NOTICE is hereby given that the Village of Sugar Grove and the Village of Big Rock are considering adopting a Boundary Agreement establishing a jurisdictional boundary line between the two municipalities pursuant to the provisions of Section 5/11-12-9 of the Illinois Municipal Code (65 ILCS 5/11-12-9) for territory located between the two villages and on either side of a line running generally along Dugan Road from a point in Section 24 in Kaneville Township to a point in Section 36 in Big Rock Township, as set forth in greater specificity on the Jurisdictional Boundary Line Map. The proposed boundary line agreement will be considered by the Village Board at a public hearing to be held on November 16, 2021 at 6:00 p.m. or as soon as practical after 6:00 pm, at Village Hall, located at 10 South Municipal Drive, Sugar Grove, Illinois. All interested parties wishing to comment may address the Village Board at this hearing and/or may submit written comments to the Village Clerk at the address below. The proposed Jurisdictional Boundary Line Agreement and Map referenced herein are available for inspection at the office of the Village Clerk, Village of Sugar Grove, 10 South Municipal Drive, Sugar Grove, Illinois, during normal business hours (8:30 am to 4:30 pm Monday through Friday), or on the Village’s website, www.sugargroveil.gov. By order of the Corporate Authorities of the Village of Sugar Grove, Kane County, Illinois this 14th day of October 2021. VILLAGE OF SUGAR GROVE Alison Murphy, Village Clerk

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INTERGOVERNMENTAL AGREEMENT BETWEEN THE VILLAGE OF BIG ROCK AND THE VILLAGE OF SUGAR GROVE

ESTABLISHING A JURISDICTIONAL BOUNDARY LINE

THIS AGREEMENT is made this ____ day of _____________, 2021, by and between the VILLAGE OF BIG ROCK, an Illinois Municipal Corporation located in the County of Kane, Illinois (hereinafter “Big Rock”), and the VILLAGE OF SUGAR GROVE, an Illinois Municipal Corporation located in the County of Kane, Illinois (hereinafter “Sugar Grove”).

WHEREAS, the portion of unincorporated Kane County lying generally between Big Rock and

Sugar Gove is one of the rapidly growing areas in Illinois; and WHEREAS, developments underway, or in various stages of planning, will create economic

development opportunities for Big Rock and Sugar Grove; and WHEREAS, unincorporated territory is within 1-1/2 miles of the boundaries of Big Rock and

Sugar Grove; and WHEREAS, Big Rock and Sugar Grove have each adopted Official Comprehensive Plans; and WHEREAS, Big Rock and Sugar Grove recognize that development of the unincorporated

territory will be accompanied by significantly higher demands for transportation services, police power services, utilities services, fire services and other municipal services, together with the financial commitments necessary to provide such services; and

WHEREAS, Big Rock and Sugar Grove recognize that development of the land in the unincorporated territory creates problems with respect to open space preservation, flood control, population density, and ecological and economic impacts; and

WHEREAS, Big Rock and Sugar Grove further recognize that growth (particularly residential growth) does, and will have, an immediate impact on school districts and fire districts located in whole or in part within their municipal boundaries, as well as other taxing districts; and

WHEREAS, Big Rock and Sugar Grove, and their respective citizens, will be vitally affected by such growth, and any attempt to solve problems created by such growth (while providing for the welfare, prosperity and enjoyment of the citizens of each community) will be aided by the mutual action and intergovernmental cooperation of the two communities; and

WHEREAS, Big Rock and Sugar Grove are “corporate authorities”, as described in 65 ILCS, Section 5/11-12-9, and are “units of local government” as defined by Article VII, Section 10, of the Constitution of the State of Illinois; and

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WHEREAS, Article VII, Section 10, of the Illinois Constitution of 1970, provides for intergovernmental cooperation between, and authorizes, units of local government to obtain or share services to exercise, combine or transfer powers or functions in any manner not proscribed by law or ordinance, and to use their credit, revenues and other resources to pay costs related to such intergovernmental activities; and

WHEREAS, the Intergovernmental Cooperation Act (5 ILCS 220/1, et. seq.) provides for joint exercise of powers, privileges or authority by units of government and for intergovernmental contracts; and

WHEREAS, Big Rock and Sugar Grove have authorized, by Ordinances duly considered and passed, the execution of this Agreement as an exercise of their powers under 65 ILCS, Section 5/11-12-9, and as an exercise of their intergovernmental authority under the Constitution of the State of Illinois; and

WHEREAS, Big Rock and Sugar Grove recognize the need and desirability to provide for logical municipal boundaries in areas of municipal authority between their respective municipalities; and

WHEREAS, the corporate authorities of Big Rock and Sugar Grove have given due consideration to the natural flow of stormwater, drainage and other practical considerations, and, where possible, included all of any single tract having common ownership within the jurisdiction of one corporate authority;

WHEREAS, the corporate authorities of Big Rock and Sugar Grove have conducted all required public hearings in accordance with law;

NOW, THEREFORE, in consideration of the mutual promises and obligations undertaken

herein, and in further consideration of the recitals hereto, it is agreed between Big Rock and Sugar Grove as follows:

1. The recitals set forth above are deemed a part of the terms of this Agreement, and are incorporated herein by reference.

2. A jurisdictional boundary line between Big Rock and Sugar Grove for municipal government planning, zoning, annexation, subdivision control and municipal purposes, is shown on the map which is attached hereto and incorporated herein as Exhibit “A”, and as also set forth in the legal description of said jurisdictional boundary line which is attached hereto and incorporated herein as Exhibit “B”.

3. Except as otherwise provided herein, Big Rock shall have jurisdiction with respect to property lying westerly of the above-described boundary line, and Sugar Grove shall have jurisdiction with respect to property lying easterly of the above-described boundary line. Commencing with the date of this Agreement, neither party shall annex territory, exercise or attempt to exercise, (including but not limited to conducting hearings on annexation or zoning of property) or enforce any zoning, subdivision control,

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official map, or other municipal authority which lies within the jurisdiction of the other Municipality (as established by such boundary line), unless otherwise agreed to in writing by both Municipalities.

4. 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 zoning changes within one and one-half miles of its corporate limits, as provided for by State law.

5. Neither Municipality shall object to the other Municipality’s request for an amendment of its facilities planning area with respect to land located on the requesting Municipality’s side of the jurisdictional boundary line.

6. Each Municipality agrees to actively oppose any attempt by a land owner to effectuate an involuntary annexation to its respective Municipality if such annexation would have the effect of annexing land within one Municipality’s jurisdiction to the other Municipality. Neither party shall either directly or indirectly seek any specific addition, deletion or modification to this Agreement through judicial action in the circuit court.

7. 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 may hereafter mutually agree to by amendment to this Agreement, from time to time. All modifications to this Agreement must be in writing and must be signed by each party.

8. This Agreement shall be construed in accordance with the laws of 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 undersigned governmental units have caused this Agreement to be duly executed on the day and date first above written.

VILLAGE OF BIG ROCK, VILLAGE OF SUGAR GROVE, an Illinois Municipal Corporation,, an Illinois Municipal Corporation, By:___________________________ By:________________________

Its President Its President Attest: Attest: By:___________________________ By:________________________

Its Village Clerk Its Village Clerk

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EXHIBIT “A” (Map of Big Rock-Sugar Grove Jurisdictional Boundary Line)

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EXHIBIT “B” (Legal Description of Big Rock-Sugar Grove Jurisdictional Boundary Line)

A BOUNDARY AGREEMENT LINE, ALONG AND ACROSS THAT PART OF SECTION 6, TOWNSHIP 37 NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN, IN KENDALL COUNTY, AND ALONG AND ACROSS THAT PART OF SECTIONS 01, 12, 13, 23, 24, 25, 26, AND 36 IN BIG ROCK TOWNSHIP 38 NORTH RANGE 6 EAST, AND SECTIONS 24, 25 AND 36 IN KANEVILLE TOWNSHIP 39 NORTH, RANGE 6 EAST OF THE THIRD PRINCIPAL MERIDIAN, IN KANE COUNTY, ILLINOIS DESCRIBED AS FOLLOWS: BEGINNING AT THE INTERSECTION OF THE CENTERLINE OF GALENA ROAD WITH THE WEST LINE OF SAID SECTION 6 IN KENDALL COUNTY; THENCE NORTHERLY, ALONG THE WEST LINE OF SAID SECTION 6 TO THE KANE/KENDALL COUNTY LINE; THENCE ALONG SAID COUNTY LINE TO THE SOUTHEAST CORNER OF SAID SECTION 36 IN BIG ROCK TOWNSHIP, KANE COUNTY; THENCE NORTHERLY, ALONG THE EAST LINE OF SAID SECTION 36 TO THE INTERSECTION OF THE CENTERLINE OF DUGAN ROAD WITH THE CENTERLINE OF JERICHO ROAD; THENCE NORTHERLY, ALONG THE CENTERLINE OF DUGAN ROAD TO THE NORTH LINE OF THE SOUTH HALF OF SAID SECTION 25; THENCE WESTERLY, ALONG SAID NORTH LINE TO THE NORTHWEST CORNER OF SUNRISE HILLS SUBDIVISION; THENCE SOUTHERLY ALONG THE WEST LINE OF SAID SUNRISE HILLS TO SOUTH LINE OF THE RICH HARVEST FARM PARCEL WITH A PIN OF 13-25-301-001; THENCE WESTERLY ALONG SAID SOUTH LINE TO THE WEST LINE OF SAID PARCEL; THENCE NORTHERLY ALONG THE WEST LINE OF SAID PARCEL AND ALONG THE EAST LINE OF A PARCEL WITH A PIN OF 13-26-200-010 TO THE NORTHEAST CORNER THEREOF; THENCE WESTERLY, ALONG THE NORTH LINE OF SAID PARCEL TO THE SOUTHWEST CORNER OF A RICH HARVEST FARM PARCEL WITH A PIN OF 13-26-200-009; THENCE NORTHERLY, ALONG THE WEST LINE OF SAID PARCEL AND ALONG THE WEST LINE OF PARCEL WITH A PIN OF 13-26-200-015 TO THE NORTH LINE THEREOF; THENCE EASTERLY ALONG SAID NORTH LINE TO THE NORTHEAST CORNER THEREOF, THENCE NORTHERLY ALONG THE CENTERLINE OF CAMP DEAN ROAD TO THE SOUTH LINE OF A RICH HARVEST FARM PARCEL WITH A PIN OF 13-23-400-002; THENCE WESTERLY ALONG THE SOUTH LINE OF SAID PARCEL TO THE WEST LINE THEREOF; THENCE NORTHERLY ALONG SAID WEST LINE TO THE NORTH LINE THEREOF; THENCE EASTERLY ALONG SAID NORTH LINE TO THE SOUTHWEST CORNER OF A RICH HARVEST FARM PARCEL WITH A PIN OF 13-24-100-025; THENCE NORTHERLY ALONG THE WEST LINE OF SAID PARCEL TO THE NORTHWEST CORNER THEREOF; THENCE NORTHERLY TO THE INTERSECTION OF THE CENTERLINE OF GRANART ROAD WITH THE CENTERLINE OF WHILDIN ROAD; THENCE NORTHWESTERLY, ALONG THE CENTERLINE OF SAID WHILDIN ROAD TO THE WEST LINE OF A RICH HARVEST FARM PARCEL WITH A PIN OF 13-24-100-028; THENCE NORTHERLY ALONG THE WEST LINE OF SAID PARCEL TO THE SOUTH LINE OF US 30; THENCE EASTERLY ALONG SAID SOUTH LINE TO THE SOUTHERLY EXTENSION OF THE WEST LINE OF PARCEL WITH A PIN OF 13-13-300-004; THENCE NORTHERLY ALONG THE WEST LINE OF SAID PARCEL TO THE SOUTHWEST CORNER OF A PARCEL WITH A PIN OF 13-13-100-003; THENCE

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NORTHERLY ALONG THE WEST LINE OF SAID PARCEL TO THE CENTERLINE OF WHEELER ROAD; THENCE EASTERLY ALONG SAID CENTERLINE TO THE WEST LINE OF THE EAST HALF OF SAID SECTION 12; THENCE NORTHERLY ALONG SAID WEST LINE TO THE SOUTHWEST CORNER OF A PARCEL WITH PIN OF 13-12-200-002; THENCE EASTERLY ALONG THE SOUTH LINE OF SAID PARCEL TO THE CENTERLINE OF DUGAN ROAD; THENCE NORTHERLY ALONG SAID CENTERLINE TO THE SOUTHEAST CORNER OF SAID SECTION 1; THENCE NORTHERLY ALONG THE EAST LINE OF SAID SECTION 1 TO THE NORTHEAST CORNER THEREOF, ALSO BEING THE SOUTHEAST CORNER OF SAID SECTION 36 IN KANEVILLE TOWNSHIP; THENCE NORTHERLY ALONG THE EAST LINE OF SAID SECTION 36 TO THE INTERSECTION OF THE CENTERLINE OF HARTER ROAD WITH THE CENTERLINE OF LORANG ROAD; THENCE NORTHERLY ALONG THE CENTERLINE OF LORANG ROAD TO THE CENTERLINE OF MAIN STREET IN THE SOUTHEAST CORNER OF SAID SECTION 24 IN KANEVILLE TOWNSHIP FOR THE TERMINUS OF THE BOUNDARY AGREEMENT LINE.

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BIG ROCK - SUGAR GROVE BOUNDARY LINE AGREEMENT