1997-096ORDINANCE NO. 97- 96
AN ORDINANCE APPROVING AN INTERGOVERNMENTAL
COOPERATIVE AGREEMENT BETWEEN
THE VILLAGE OF BUFFALO GROVE AND THE VILLAGE OF WHEELIN
WHEREAS, the Village of Buffalo Grove and the Village of Wheeling are both Illinois
Home Rule Units of government.
NOW THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD O F
TRUSTEES OF THE VILLAGE OF BUFFALO GROVE, COOK AND LAKE COUNTIES,
ILLINOIS:
Section 1: The "Intergovernmental Cooperative Agreement between the Village of
Buffalo Grove and the Village of Wheeling" attached hereto and made a part hereof as Exhibit
"A" is hereby approved and the Village President and Village Clerk are hereby authorized to
execute the same.
Section 2: This Ordinance shall be effective from and after its passage and approval.
AYES: 5 - Marienthal, Rubin, Braiman, Hendricks, Glover
NAYES: 0 - None
ABSENT: 1 - Reid
PASSED: December 1 , 1997.
APPROVED: December 1 , 1997.
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ATTEST:
illage Clerk
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under Trust # 112811 -02 dated October 1, 1990 is the sole owner of record of Parcel 2 and
Stamelos Brothers, Ltd. is the owner of record of Parcel 1 ( "Owners "); and
WHEREAS, Amoco has entered into a lease for the Property with the Owners; and
WHEREAS, both The Village of Buffalo Grove ( "Buffalo Grove ") and The Village
of Wheeling ( "Wheeling ") have a legitimate interest in regulating the development of land
near their borders to protect the health and safety of their residents and to provide uniformity
in development; and
WHEREAS, Buffalo Grove and Wheeling have determined that there exists a need
and a desirability to provide for the logical development of the Property, whether said
Property is developed by Amoco or another developer; and
WHEREAS, Wheeling and Buffalo Grove are home rule units pursuant to the Illinois
Constitution of 1970; and
WHEREAS, Section 5/7 -3 -4 of the Illinois Municipal Code (Illinois Compiled
Statutes, 1994, Chapter 65, Section 5/7 -3 -4) provides that an owner of property, which is
upon the border of a municipality, may disconnect his property upon the consent of said
municipality; and
WHEREAS, it is contemplated that Wheeling will receive a Petition for
Disconnection to disconnect a portion of the Wheeling Parcel from the Village of Wheeling
which real property (along with adjacent right of way) is legally described on Exhibit `B"
hereto (hereinafter the "Disconnection/Annexation Parcel "); and
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WHEREAS, Wheeling is prepared to consent to the disconnection of the
Disconnection/Annexation Parcel subject to the terms of this Agreement and an Agreement
between Wheeling, the Owners and Amoco; and
WHEREAS, Section 10 of Article VII of the Constitution of the State of Illinois of
1970 authorizes units of local government, including municipalities, to contract to exercise,
combine, or transfer any power or function not prohibited to them by law or ordinance; and
WHEREAS, the Intergovernmental Cooperation Act of 1973, (Illinois Compiled
Statutes, 1994, Chapter 5, Section 220/1 et sea.), authorizes municipalities to exercise jointly
with any public agency of the State, including other units of local government individually,
and to enter into contracts for the performance of governmental services, activities, and
undertakings; and
WHEREAS, Buffalo Grove and Wheeling have authorized, by ordinance, the
execution of this Agreement as an exercise of their respective home rule 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 the Village of Buffalo Grove and the Village of Wheeling as follows:
Section 1: Incorporation of Recitals
The foregoing recitals are hereby incorporated herein and made a part of this
Agreement.
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Section 2: Wheeling Disconnection
The Village of Wheeling does hereby agree:
A. That upon receipt of a written petition signed by the owners of the territory
described on Exhibit `B" (Disconnection/Annexation Parcel) hereto, pursuant
to and in compliance with 65 ILCS 5/7 -3 -4, Wheeling shall take all appropriate
action to disconnect the Disconnection/Annexation Parcel from the Village of
Wheeling. That said disconnection from Wheeling shall not be effective until
said territory is annexed to Buffalo Grove.
B. That there is no indebtedness or liability due to Wheeling from the
Disconnection/Annexation Parcel that Buffalo Grove would have a duty to
assume and pay pursuant to 65 ILCS 5/7 -1 -31.
C. Wheeling shall make no redistribution of the real estate taxes generated from
the Disconnection/Annexation Parcel to Buffalo Grove pursuant to 65 ILCS
5/7 -1 -34.
Section 3: Buffalo Grove Annexation
The Village of Buffalo Grove does hereby agree as follows:
A. That upon the disconnection of the Disconnection/Annexation Parcel from the
Village of Wheeling and upon receipt by the Village of Buffalo Grove of a
voluntary petition to annex the Disconnection/Annexation Parcel pursuant to
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65 ILCS 5/7 -1 -8 to Buffalo Grove, the Village of Buffalo Grove will annex the
Disconnection/Annexation Parcel.
Section 4: Sales Tax Revenue
A. It is the intention of the parties that the Property be developed and used in
accordance with sound land planning practices and not in consideration of the
municipality or county within which sales may be generated. In this regard,
it is agreed between the parties that in accordance with the terms set forth
herein, all sales tax generated upon the Property shall be distributed equally
between Buffalo Grove and Wheeling.
B. During the term of the Annexation Agreement between Buffalo Grove and the
Owners, Buffalo Grove shall provide to Wheeling on or before 30 days after
the end of the previous calendar quarter a copy of the monthly sales tax report
forms (Forms ST -1 and ST -2) received from the Property by Buffalo Grove for
said quarter for the Property. ( "Sales Tax Forms "). After the expiration of the
Annexation Agreement, Wheeling shall be responsible for providing copies of
the sales tax forms required herein.
C. Wheeling shall provide to Buffalo Grove on or before 30 days after the end of
the previous calendar quarter a copy of the monthly sales tax report forms
(Forms ST -1 and ST -2) received from the Property by Wheeling for said
quarter for the Property. ( "Sales Tax Forms ")
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D. Sales tax generated upon the property shall be distributed as follows:
(i) Sales Tax shall be defined as and equal to 100% of the amount of
Buffalo Grove's Municipal Sales Tax generated and paid upon the
Property as reflected on the Sales Tax Forms for the previous calendar
year plus 100% of the amount of Wheeling's Municipal Sales Tax
generated and paid upon the Property as reflected on the Sales Tax
Forms for the previous calendar year. Sales Tax shall not include the
amount of any discount taken on Form ST -1.
(ii) On or before February lst of each year, the finance directors of each
municipality shall meet and calculate the Sales Tax from the Property
and shall determine the amount necessary from the Sales Tax generated
and paid upon the Property to be divided equally between Buffalo
Grove and Wheeling. On or before March 1st of each year that
municipality having received greater than fifty percent (50 %) of the
Sales Tax from the Property shall pay to the other municipality that
amount necessary for each municipality to receive fifty percent (50 %)
of Sales Tax from the Property. Either municipality that is required to
report and distribute sales tax shall receive annually a $500.00
processing fee from the other municipality's distributive share of Sales
Tax.
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E. The Buffalo Grove Municipal Sales Tax is defined as Buffalo Grove's Home
Rule Sales Tax of 1/2 of one percent (.5 %) (65 ILCS 5/8 -11) and the one
percent (1 %) Illinois Service Occupation tax (35 ILCS 115) or Retailers
Occupation Tax (35 ILCS 120) or Service Use Tax (35 ILCS 110). The
Wheeling Municipal Sales Tax is defined as Wheeling's Home Rule Sales Tax
of 1/2 of one percent (.5 %) (65 ILCS 5/8 -11) and the one percent (1 %) Illinois
Service Occupation Tax (35 ILCS 115) or Retailers Occupation Tax (35 ILCS
120) or Service Use Tax (35 ILCS 110).
Section 5: Change in Sales Tax Rates
A. The General Assembly of the State of Illinois has, from time to time,
considered modifying or eliminating the distribution of sales tax revenue to
Illinois municipalities. The parties desire to make express provision for the
effect of such change upon the operation of this Agreement.
B. Should the Illinois General Assembly hereafter and during the term of this
Agreement increase the percentage of sales tax revenue distributed to Illinois
municipalities, the payments provided for herein shall be continued to be
shared on a 50 % -50% basis at the increased rate.
C. Should the Illinois General Assembly hereafter and during the term of this
Agreement reduce the percentage of sales tax revenue distributed to Illinois
municipalities, the payments provided for herein shall be continued to be
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shared on a 50 % -50% basis at the reduced rate.
D. Should the Illinois General Assembly hereafter and during the term of this
Agreement eliminate the distribution of any portion of sales tax revenue to
Illinois municipalities, there shall be no redistribution between the
municipalities of that portion of sales tax eliminated by the Illinois General
Assembly.
E. Neither municipality shall be required to continue to impose its current home
rule sales tax for the purpose of providing a source of funds for the sales tax
payments herein contemplated.
F. Both Wheeling and Buffalo Grove currently have a.5% Home Rule Sales Tax.
If either municipality decreases or increases its Home Rule Sales Tax the
lowest rate between the two municipalities shall be used in the computation of
the Sales Tax Payments. Each municipality shall immediately forward to the
other municipality a copy of any ordinance that effects a change in its Home
Rule Sales Tax rate.
G. Should either municipality enact a Home Rule Gasoline tax, the lowest rate
between the two municipalities shall be used in the computation of the Sales
Tax from the Property.
Section 6: Real Estate Property Taxes
Each municipality shall receive its full amount of Real Estate Property Taxes
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generated by that portion of the Property within its corporate limits. It is the intent of the
parties that Real Estate Property Taxes not be shared between the municipalities under the
terms of this Agreement.
Section 7: Other Revenues
Any new revenues generated from the Property to either municipality derived from
any other development of whatever kind or nature shall be shared on a 50 % -50% basis using
the same procedure as set forth herein for sharing of sales tax.
Section 8: Development of the Property
A. Any future development of the Property shall comply with the zoning code of
the municipality within which said future development shall occur. Neither
municipality shall. approve any future development of the Property without the
express approval of the other municipality which approval shall not be
unreasonably withheld.
B. Any approval of development upon the Property shall be granted subject to the
terms and conditions of this Agreement. Each municipality shall require, as
a condition of such development approval, that the owner and developer shall
agree to the provisions of this Agreement.
Section 9: Buildings and Construction
Whenever any development of the Property requires the construction of any building,
structure or system upon the Property, such construction shall comply with the construction
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codes (including but not limited to building, electrical, structural, plumbing, fire, storm water
and floodplain) of the municipality within which said improvement is located.
Section 10: Licenses and Permits
Any owner, developer or user of the Property shall be required to secure all necessary
licenses and permits from and to pay all accompanying fees to the municipality in which the
real property is located for which the license or permit pertains.
Section 11: Fire and Police
A. Fire and ambulance service to the Property shall be provided by the
municipalities in accordance with the automatic aid agreement between
Wheeling and Buffalo Grove.
B. Police Service to the Property shall be provided by the municipalities in
accordance with the jurisdictional boundaries of the municipalities.
Section 12: Term of Agreement
This Agreement shall be effective for as long as any part of the Property lies with the
corporate limits of the Village of Wheeling and the Village of Buffalo Grove.
Section 13: Severability
The provisions of this Agreement shall be interpreted when possible to sustain their
legality and enforceability as a whole. In the event any provision of this Agreement shall be
held invalid, illegal, or unenforceable by a court of competent jurisdiction, in whole or in
part, neither the validity of the remaining part of such provision, nor the validity of any other
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provisions of this Agreement, shall be in any way affected thereby. The unenforceability of
any provision of this agreement in a specific situation shall not affect the enforceability of
that provision in any other situation.
Section 14: Enforceability
Either parry hereto shall have the right to enforce this agreement in the Cook County
Circuit Court, Illinois.
Section 15: Amendment
No Amendment to this Agreement shall be effective unless it is in writing and
approved by Buffalo Grove and Wheeling.
Section 16: Adoption by Ordinances
The parties hereto agree that this Agreement shall be adopted by ordinance approved
by the corporate authorities of each municipality. This Agreement shall be effective upon
and bear the date of the last municipality to execute same.
Section 17: Successors and Assigns
This Agreement shall be binding upon the parties, their successors and assigns.
Section 18: Revenue Reductions
Neither municipality shall enter into an agreement for or consent to any tax incentive
or tax reduction for the Property without the consent of the other municipality.
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INTERGOVERNMENTAL COOPERATION AGREEMENT BETWEEN THE
VILLAGE OF BUFFALO GROVE AND THE VILLAGE OF WHEELING
WHEREAS, located within the corporate limits of both the Village of Wheeling and
the Village of Buffalo Grove is real property located at the southwest corner of Lake -Cook
Road and McHenry Road (Illinois Route 83) (hereinafter the "Property ") and legally
described on Exhibit "A" hereto; and
WHEREAS, Parcel 1 of the Property legally described on Exhibit "A" hereto is
located within the corporate limits of the Village of Wheeling ( "Wheeling Parcel "); and
WHEREAS, Parcel 2 of the Property legally described on Exhibit "A" hereto is
located within the corporate limits of the Village of Buffalo Grove ( "Buffalo Grove Parcel ");
and
WHEREAS, Amoco Oil Company ( "Amoco') desires to develop the Property as a
gas station and food shop and has submitted to both the Village of Buffalo Grove and the
Village of Wheeling site plans for the development of the Property which plans are identified
as follows: (1)Site Plan, dated June 1, 1994 (revised June 9, 1997); (2) Concept Plan,
prepared by Macki Consultants, Inc., dated May 11, 1992 (revised June 9, 1997), sheet 1 of
2; (3) Existing Contiguous Area, dated May 11, 1992 (revised February 17, 1997), sheet 2
of 2; (4) Proposed Elevations, dated February 7, 1996, sheet PE -1; (5) Proposed Floor Plan,
dated February 7, 1996, sheet PF -1; (6) Landscape Plan, dated February 23, 1997, sheets L -1,
L -2 and L -3 (hereinafter sometimes referred to as "Amoco Development "); and
WHEREAS, American National Bank and Trust Company of Chicago as Trustee
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IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be
executed by the proper duly authorized officers.
Dated:
Attest: Q rv� • +
JANET 'SIRABIAN
Village Clerk
Dated:
Attest:
Village Clerk
VILLAGE OF BUFFALO GROVE
SIDNEY H. MATHIAS
Village President
VILLAGE OF WHEELING
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EXHIBIT "A"
Property
Legal Description
PARCEL 1: -WHEELING PARCEL
THAT PART OF THE NORTH %2 OF SECTION 4, TOWNSHIP 42 NORTH,
RANGE 11, EAST OF THE THIRD PRINCIPAL MERIDIAN, IN COOK
COUNTY, ILLINOIS, BOUNDED AND DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT IN THE CENTER LINE OF STATE AID ROUTE ## 16,
KNOWN AS McHENRY ROAD (SAID POINT OF BEGINNING BEING
DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE NORTH LINE
OF SAID SECTION 4, 326.10 FEET WEST OF THE SOUTH 1/4 CORNER OF
SECTION 33, TOWNSHIP 43 NORTH, RANGE 11, EAST OF THE THIRD
PRINCIPAL MERIDIAN, THENCE S.16- 45' -00 "W. 505.15 FEET TO SAID
PLACE OF BEGINNING) THENCE S. 16- 45' -00 "W. 123.35 FEET; THENCE N.
58- 02' -00 "W. 615.25 FEET; THENCE N.24- 00' -00 ". 147 FEET; THENCE N.85-
48'-00"W. 241.00 FEET; THENCE N.38- 40' -00 "W. 147.00 FEET; THENCE N.85-
48'-00"W. 241.00 FEET; THENCE N.38- 40' -00 "W. 63.00 FEET; THENCE
NORTHERLY IN A STRAIGHT LINE A DISTANCE OF 79.10 FEET TO A
POINT IN COUNTY LINE BETWEEN LAKE AND COOK COUNTIES, SAID
POINT BEING 349.14 FEET EAST OF THE CENTERLINE OF BUFFALO
GROVE ROAD (AS MEASURED ALONG SAID COUNTY LINE); THENCE
EAST ALONG SAID COUNTY LINE TO THE CENTER OF McHENRY ROAD;
THENCE SOUTHEASTERLY, ALONG THE CENTER LINE OF McHENRY
ROAD A DISTANCE OF 639.50 FEET MORE OR LESS TO THE PLACE OF
BEGINNING (EXCEPTING THAT PART THEREOF TAKEN AND USED, FOR
LAKE COOK ROAD, McHENRY ROAD AND BUFFALO GROVE ROAD), IN
COOK COUNTY, ILLINOIS.
PIN: 03 -04- 101 -010
SUBJECT PROPERTY COMMON DESCRIPTION: The approximately 3.75 -acre
tract (Parcel 2, Buffalo Grove Parcel, 0.486 acres; Parcel 1, Wheeling Parcel, 3.264
acres) at the southwest corner of Lake -Cook Road and Illinois Route 83.
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EXHIBIT "A"
Continued
PARCEL 2: - BUFFALO GROVE PARCEL
THAT PART OF THE SOUTHWEST 1/4 OF SECTION 33, TOWNSHIP 43
NORTH, RANGE 11, EAST OF THE THIRD PRINCIPAL MERIDIAN,
DESCRIBED AS FOLLOWS:
BEGINNING AT THE INTERSECTION OF THE CENTER LINE OF STATE
ROUTE # 83 AND THE SOUTH LINE OF SAID SOUTHWEST 1/4 OF SAID
SECTION 33, SAID POINT OF BEGINNING BEING 882.00 FEET WEST FROM
THE SOUTHEAST CORNER OF SAID SOUTHWEST 1/4 OF SECTION 33;
THENCE WEST ALONG SAID SOUTH LINE 428.60 FEET TO THE EAST LINE
OF FORMER SCHOOL LOT; THENCE NORTH ALONG THE EAST LINE OF
SAID SCHOOL LOT 108.00 FEET; THENCE EAST PARALLEL TO SAID
SOUTH LINE OF THE SOUTHWEST 1/4 OF SECTION 33, 378.00 FEET TO THE
CENTER LINE OF STATE ROUTE # 83; THENCE SOUTHEASTERLY ALONG
THE CENTER OF SAID ROUTE # 83, TO THE POINT OF BEGINNING
(EXCEPTING THEREFROM THAT PART FALLING IN LAKE -COOK ROAD
AND IN STATE ROUTE # 83), IN LAKE COUNTY, ILLINOIS.
PIN: 15 -33- 300 -037
and including
14/
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11/24/97 16:00 PAX 8474399692 VIL OF WMLING tQd0Z6
i ectio A ati�n P e1
Legal Description
THAT PART OF TUE NORTHWEST 1/4 OF SECTION 4, TOWNSHIP 42
NORTH, RANGE 11. EAST OF THE THIRD PRINCIPAL MERIDIAN,
T30UNDED AND DESCRIBED AS FOLLOWS- BEGrLNjWG AT THE POINT OF
INIMRSECTION GENERATED BY THE NORTH LENS OF THE NORTHWEST
I/4 OF SAID SECTION 4, ' VM-1 THE NOR'IIIEASTERLY RIGHT-OF-WAY
LI, OF STATE AID ROUT!✓ #16. KNOWN AS VicHENRY ROAD (SAID Pf3iNT
BEING ON THE ARC OF A CIRCLE CONVEX TO TM SOU'T'HWEST AND
HAVVG A RADIUS OF 1377.69 FEET); TI -MNCE SOli-THEASTERLY ON THE
ARC OF SAID CIRCLE FOR A DISTANCE or- 55.50 FEET TO A POINT WHICH
IS THE POINT OF IN ('LRSECTION GENERATE BY THE LAST DESCRIBED
LINE WITH THE NORTHEASTERLY PROLONGATION OF THE
NORTHwF-STERLY LINE OF A PARCEL OF LAI\ -D CONVEYED TO THE
COUNTY OF com, A BODY POLITIC AND CORPORA "M, BY DOCUMENT
RECORDED ON Ap IL 18, 1975 AS DOCU Vf 023054341. THENCE S.59'-
2y- ?6 "W., ALONG TM LAST DESCRIBED LIE FOP, A DISTANCE OF 123.04
FEET TO TREE NORTHWEST CORI MR OF SAID PARCEL RECORDED AS
DOCU�+IENT?30S4841; THE CONT1Ni3IYG 5.59 °- 23'- ?b "W., FOR A
DISTANCE OF 73.36 TO A POINTY; THENCE N.8S'-43' -00 "W, FOR TEE
DISTANCE OF 364.06 TO A POINT; THENCE Na8°49- 40''W., FOR A
DISTANCE OF 63.04 FEET TO A p0LNIT O A POINT IN ON A
STRAIGHT L 4E FOR A DISTANCE OF 79. 1 o T
LINE BETWEEN LAKE AND COOK COLTN MS (SAID POINT BEING D, AS
FEET' EAST OF THE CENTER LINE OF BUFFALO GRUVE ROAD, AS
MEASURED ALONG SAID COUNTY LINE); THENCE S_$9'- 37- 06 "E-,
ALONG
THE LAST DESCRIBED LINE, FOR A DISTANCI; OF 464.31 FEET TO THE-
POINT OF BEGIN�G (EXCEP TIN
WA�OF LAKE COOK DAD)
FALLING WMM"q THE RIGHT
COOK COUNTY, ILLINOIS.
Area of Patcel to be Discomer-M&Annexed is 1.6125 acres.
IS
C.,OfF;tE% WPM % WI* DocsoacN : ;vCC,UNCOIPrra- 116%9nN`��
VILLAGE OF BUFFALO GROVE
ORDINANCE NO.
ADOPTED BY THE PRESIDENT
AND BOARD OF TRUSTEES OF THE VILLAGE
OF BUFFALO GROVE
THIS --��AY OF , 19�
Published in pamphlet form by authority of the
President and Board of Trustees of the Village
of Buffal Grove, Cook & L e Counties, I linois,
this day of 19,
Village C rk /
By
Deputy Village Clerk
r]
4.
ORDINANCE NO. 97- 96
AN ORDINANCE APPROVING AN INTERGOVERNMENTAL
COOPERATIVE AGREEMENT BETWEEN
THE VILLAGE OF BUFFALO GROVE AND THE VILLAGE OF WHEELING
WHEREAS, the Village of Buffalo Grove and the Village of Wheeling are both Illinois
Home Rule Units of government.
NOW THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD O F
TRUSTEES OF THE VILLAGE OF BUFFALO GROVE, COOK AND LAKE COUNTIES,
ILLINOIS:
Section 1• The "Intergovernmental Cooperative Agreement between the Village of
Buffalo Grove and the Village of Wheeling" attached hereto and made a part hereof as Exhibit
"A" is hereby approved and the Village President and Village Clerk are hereby authorized to
execute the same.
Section 2: This Ordinance shall be effective from and after its passage and approval.
AYES: _ 5 - Marienthal. Rubin, Braiman. Hendricks. Glover
NAYES: 0 - None
ABSENT: 1 - Reid
PASSED: December 1 , 1997.
APPROVED: December 1 , 1997.
ATTEST:
. �utic.ah
illage Clerk
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