S-364 - 08/10/1976 - Boundary- Ordinances ORDINANCE NO.
AN ORDINANCE AUTHORIZING THE EXECUTION OIL, A BOUNDARY AGREEMENT
BETWEEN THE VILLAGE OF OAK BROOK, DUPAGE AND COOK COUNTIES,
ILLINOIS AND THE VILLAGE OF DOWNERS GROVE, DUPAGE COUNTY, ILLINOIS
WHEREAS, under and by virtue of Section 10 of Article VII of the
Constitution of the State of Illinois of 1970, units of local government, including
municipalities, are authorized to contract to exercise, combine, or transfer any
power or function not prohibited to them by law or ordinance; and
WHEREAS, pursuant to the Intergovernmental Cooperation Act of 1973
(Illinois Revised Statutes, 1975, Chapter 127, Sections 741-748) units of local
government in Illinois are authorized to exercise jointly with any public-agency
of the State, including other units of local government, any power, privilege, or
authority which may be exercised by a unit of local government individually, and
to enter into contracts for the performance of governmental services, activities,
and undertakings; and
WHEREAS, pursuant to Section 11-12-9 of the Illinois Municipal Code
(Illinois Revised Statutes, 1975, Chapter 24, Section 11-12-9) the corporate
authorities of municipalities are authorized to agree upon boundaries for the
exercise of their respective jurisdictions within unincorporated territory that
lies within 1-1/2 miles of the boundaries of such municipalities; and
WHEREAS, the Corporate,Authorities of the Village of Oak Brook,
DuPage and Cook Counties, Illinois, and the Corporate Authorities of the Village
of Downers Grove, DuPage County, Illinois, after due investigation and consider-
ation, have determined to enter into an agreement providing for the establishment'
of a boundary for their respective jurisdictions in the unincorporated territory
lying within 1-1/2 miles of the boundaries thereof south of 31st Street; and -
WHEREAS, the said Corporate Authorities of the Village of Oak Brook and
the Village of Downers Grove have determined that the observance of the aforesaid
boundary line in future annexations by the said two municipalities will serve the
best interests of the two communities; and
WHEREAS, the Corporate Authorities of the,said Village of Oak.Brook
and the Village of Downers Grove have determined that in some instances it will
be desirable and necessary for the power and authority conferred on one munici-
pality to be exercised by another; and
WHEREAS, the Corporate Authorities of the Village of Oak Brook and the
Village of Downers Grove have reduced the agreements and undertakings hereinabove
referred to to a written agreement between the said municipalities, a copy of which
agreement is attached hereto as Exhibit A and is hereby made a part hereof by this
reference; and
WHEREAS, the Corporate Authorities of the Village of Oak Brook have
determined that agreement on the boundary hereinafter described in the said
Exhibit A and the execution of the said agreement by the Village of Oak Brook will
be in the best interests and to the public good and benefit of the Village of Oak
-"-.. 3r-uok and the residents thereof and will be compatible with and promote the orderly
and systematic development of the Village and the unincorporated territory contiguous
to its boundaries; and
WHEREAS, the Village of Oak Brook has observed such statutory procedure:
and held such hearings as may be required as a condition precedent to the execution
of an agreement in the form attached hereto as Exhibit. A;
NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD
OF TRUSTEES OF THE VILLAGE OF OAK BROOK, DU PAGE AND COOK COUNTIES,
ILLINOIS, as follows:
SECTIOi�T 1. That the President and Village Board of Trustees hereby find
as facts all of the recitals hereinabove set forth in the preamble of this Ordinance,
as well as all of the recitals contained in the agreement attached hereto as Exhibit
A and made a part hereof by this reference.
SECTION 2. That the President is authorized and directed to execute, and
the Village Clerk is directed to attest, the boundary agreement, a copy of which is
attached hereto as Exhibit A and made a part hereof by this reference.
SECTION 3. This Ordinance is adopted pursuant to the provisions and
procedures set forth in Section 10 of Article VII of the Illinois Constitution of 1970.
Section 11-12-9 of the Illinois Municipal Code (Illinois Revised Statutes, 3975,
Chapter 24 Section 11-12-9) and Sections 1 through 8 of the Intergovernmental
Cooperation Act of 1973 (Illinois Revised Statutes, _1975, Chapter 127, Sections
741-748); provided, however, pursuant to Section 6 of Article VII of the Constitution
of the State of Illinois, any limitation or provision of said Chapter 24 in conflict
with this ordinance or in conflict with the provisions of the boundary agreement
in the form of Exhibit A hereto is not applicable to said ordinance or said boundary
agreement to the extent of any such conflict.
SECTION 4. That the said Clerk be, and she is hereby, directed to file
a certified copy of this ordinance and the subject agreement with the Recorder's
Office of DuPage County, and file for record in her office three copies of the
executed agreement.
SECTION 5. All ordinances, rules, and regulations of the Village of
Oak Brook which are in conflict with the provisions of this Ordinance are hereby
repealed solely to the extent of the conflict and as they apply to the territory
hereinbefore described.
SECTION 6. If any section, sub-section, sentence, clause, or phrase of
this Ordinance is for any reason held to be invalid, such determination shall, not
affect the validity of any remaining portion of this Ordinance.
SECTION 7. This Ordinance shall be in full force and effect from and
after its passage, approval, and publication in pamphlet form as required by law
and after filing for record as provided in SECTION 4 hereof.
PASSED AND APPROVED this day of , •1976.
AYES:
NAYS: C%
ABSENT: G '
i
?"' sident
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ATTEST.
Village Clerk
Filed in the Office of the Village Clerk and published in pamphlet form by authority
of the Mayor and Board of Trust es of the Village of Oak Brook, DuPage and Cook
Counties, Illinois, this day of 1976.
'`Tillage Clerk
4PROVED as to form:
a �
4 y ,
AUHA
Village Atto ney
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BOUNDARY AGREEMENT
THIS AGREEMENT, made and entered into this
day of 1976 between the Village of Downers
Grove, an Ill nois municipal corporation (hereinafter called
"Downers Grove" ) and the Village of Oak Brook, an Illinois
municipal corporation (hereinafter called "Oak Brook" ) ,
W I T N E S S E T H:
WHEREAS , Division 12 of Article 11 of the Illinois =0
Municipal Code (Chapter 24 of the Illinois Revised Statutes,
t
1975) confers upon the corporate authorities of municipali-
ties certain powers respecting the subdivision and platting C
of land situated within their corporate limits and within pQ
contiguous territory which is not more than one and one-half
miles beyond the corporate limits of a municipality that has
adopted an official plan or map pursuant to the authority
conferred by said Division; and
WHEREAS , Oak Brook and Downers Grove have each
adopted the necessary official plan or map pursuant to the
-authority conferred by statute; and
WHEREAS , said Division authorizes the corporate
authorities of such municipalities to agree upon a line
marking the boundaries of the jurisdiction of each of such
corporate authorities for certain purposes; and
WHEREAS , Section 10 of Article VII of the Illi-
nois Constitution of 1970 authorizes municipalities to enter
into contracts or agreements among themselves in order to
exercise, combine or transfer any power or function in any
manner not prohibited by law or by ordinance; and
WHEREAS , there is unincorporated territory in
the County of DuPage situated within one and one-half miles
F
of the corporate limits of both Downers Grove . and Oak Brook;
and
WHEREAS , the corporate authorities of Oak Brook
and Downers Grove have determined that it will be in the
best interests of each of said municipalities and the
citizens thereof to enter into an agreement establishing a
boundary line pursuant to the foregoing authority, and have
given consideration to the natural flow of storm water
drainage and, to the extent practical, the inclusion of all -•.�
of any single tract having common ownership within the t
jurisdiction of one or the other of said municipalities,
C.0 ,
NOW, THEREFORE , in consideration of the mutual tau J
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agreements herein set forth, and pursuant to the authority
of said Village referred to above, the Villages of Oak Brook
and Downers Grove hereby agree as follows:
SECTION 1 . The provisions of the preamble here
k
inabove set forth are hereby restated herein as though
herein fully set forth.
SECTION 2 . The boundary line (the "Boundary
Line" ) depicted on the map attached as Exhibit A hereto and
legally described in Exhibit B hereto, is hereby approved
and adopted by Downers Grove and Oak Brook for all purposes
of this Agreement.
SECTION 3 . A. The Boundary Line shall limit
the territory within which each of said Villages shall
exercise the jurisdiction granted by Division 12 of Article
11 of the Illinois Municipal Code. Oak Brook shall not
exercise such jurisdiction in any territory west of the
Boundary Line, and Downers Grove shall not exercise such
jurisdiction in any territory east of the Boundary Line, but
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F
each such Village shall exercise such jurisdiction in the
territory situated between the Boundary Line and their
respective corporate limits.
B. Downers Grove hereby transfers to Oak Brook
all powers, authority and jurisdiction which it may have
east of the Boundary Line and Oak Brook hereby transfers to
1
Downers Grove all powers, authority and jurisdiction which
it may have west of the Boundary Line.
SECTION 4 . It is the intention of both munici-
palities to honor the Boundary Line in effecting future
annexations of territory that is presently unincorporated. t
Without the prior written consent of the other municipality "
to the contrary, Oak Brook will not annex any territory
cs�► cr;
situated west of the Boundary Line and Downers Grove will
not annex any territory situated east of the Boundary Line.
SECTION 5. This Agreement is limited to the
unincorporated territory south of 31st Street and shall not
affect the powers, authority, jurisdiction or responsibili-
ties of the parties north of 31st Street.
SECTION 6 . This Agreement shall remain in full
force and effect for an indefinite period from and after the
date of the later of the attached Village Clerks ' Certificates
provided that this Agreement may be cancelled by either
Village by giving to the other Village prior written notice
of such cancellation, by certified or registered mail,
expressly stating the effective date of such cancellation,
which may not be less than three years after the giving of
such notice.
SECTION 7. The provisions of this Agreement
are intended to be severable, and if any provision hereof
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shall be determined by a court of competent jurisdiction to
be invalid or legally unenforceable, then the remaining
provisions hereof shall continue in full force and effect to
the extent that reasonable interpretation and enforcement
thereof may be accomplished in the absense of the provision
so held to be invalid or unenforceable.
SECTION 8. This Agreement shall not become
effective until copies hereof, certified by the Clerks of
the respective Villages, have been filed in the Office of t
the Recorder of Deeds of DuPage County, Illinois, and placed LP
on file in the Office of the Clerk of each such Village.
IN WITNESS WHEREOF, the parties have caused
these presents to be executed and delivered this A(& day of
1976 .
VILLAGE OF DOWNERS GROVE
By:
ayor
4ttost
-Village Clerk
VILLAGE OF OAK BROOK
By:
silent
Attest:
\ 41 �. 1
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F,
CERTIFICATE
Clerk
of the Village of Downers Grove, DuPage County, Illinois,
hereby certify that the foregoing Agreement was duly adopted
by the affirmative vote of the Village Council of the
Village of Downers Grove, at a regular meeting of said
Village Council duly called and held on the J�_& day of Cn
1976 , at which meeting a quorum _of the
cn-
Village Council was present and acting throughout, that said
Agreement was filed with the Recorder of Deeds of DuPage
County, Illinois on the day of jc .0 tt,4-> , 1976 _
and is presently on file in my office.
Date: �., v SI-0 1976
Village Clerk, Village of Downers Grove
CERTIFICATE
Village Clerk
of the Village of Oak Brook, DuPage County, Illinois, hereby
certify that the foregoing Agreement was duly adopted by the
unanimous affirmative vote of the Board of Trustees of the
Village of Oak Brook, at a regular meeting of said Village
Board duly called and held on the �C) day of 7y ,
1976 at which meeting a quorum of the Village Board was
present and acting throughout, that said Agreement was filed
with the Recorder of Deeds of DuPage County, Illinois on the
day of u A 1976 and is presently on file
in my office.
Date: �. �,� • . 1976
1 �
Village Clerk, Village of Oak Brook
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EXHIBIT
The boundary line referred to in the Boundary Agreement and depicted
on Exhibit A .lies:. in Sections 29 , 32 , and 33 , Township 39 North ,
Range 11 E of the 3rd Prinicpal Meridian , DuPage County, Illinois
and is described as follows :
Beginning at the NE corner of Liberty Park Subdivision recorded under
Document No. 182542 ; thence west along the northline of said Liberty
Park Subdivision a distance of 1326 . 40 ' (7327 . 37 ' R) to the NW corner
said Liberty Park Subdivision , thence south along the westline of
said Liberty Park Subdivision a distance. of 6 . 00' ; thence E along the
northline of the S 10 chains of the SW-14 of said Section 33-39-11 a
distance of 1325. 90 ' more or less to the eastline of Sunny Hills
Estates Subdivision recorded under Document No. 936465; thence south
along said eastline to a point of intersection with the Ely extension
. of the southerly right of way line of 38th Street as extended across
Cumnor Road ; thence westerly along said extension and , the southerly
right of way line of 38th Street as dedicated in said Sunny Hills
Estate Subdivision and the south right of way line extended westerly
across Fairview Avenue to the intersection with -the west right af`
way line of Fairview Avenue; thence northerly along the west right of
way line of Fairview Avenue as dedicated in Arthur T. McIntosh &
Company ' s Fairview Avenue Subdivision and Turek ' s Subdivision recorded
as Document No. 839446 to the northline of the SE4 of said Section
32-39-11 ; thence east along said northline a distance of 50 ' to the
SW corner of the NW4 of said Section 33-39-11 ; thence north along the
west line said NW4 to the NW corner of the NW-14- of Section 33-39-11 ;
thence continuing north along the eastline of said section 29-39-11 a
distance of 50 ' to the. north right of way line of 31st Street being
the terminous .
RECORDED
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