1993-244/16/93
RESOLUTION NO. 93 -24
A RESOLUTION APPROVING AN INTERGOVERNMENTAL
COOPERATIVE PLANNING AND BOUNDARY 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 RESOLVED BY THE PRESIDENT AND BOARD OF
TRUSTEES OF THE VILLAGE OF BUFFALO GROVE, COOK, AND LAKE
COUNTIES, ILLINOIS:
Section 1. The "Intergovernmental Cooperative Planning and
Boundary 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 same.
Section 2. This resolution shall be effective from and after its
passage and approval.
Ayes: 6 - Marienthal, Reid, Kah, Rubin, Braiman, Hendricks
Nayes • 0 - None
Absent: 0 - None
Passed: April 19 '1993
Approved: April 19 '1993
Approved
illag441��s i ent
Attest:
Vill ge Clerk
4/16/93
INTERGOVERNMENTAL COOPERATIVE PLANNING
AND BOUNDARY AGREEMENT BETWEEN
THE VILLAGE OF BUFFALO GROVE AND THE VILLAGE OF WHEELING
WHEREAS, Section 11 -12 -9 of the Illinois Municipal Code
(Illinois Revised Statutes, 1991, Chapter 24, Section 11- 12 -9),
authorizes corporate authorities of municipalities to agree upon
boundaries for the exercise of their respective jurisdictions
within unincorporated territory that lies within one and one -half
miles of the boundaries of such municipalities; 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 Revised Statutes, 1991, Chapter 127, Section 741 et
sea.), authorizes municipalities 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, unincorporated territory lies within one and one -half
miles of the boundaries of the Village of Buffalo Grove
(hereinafter "Buffalo Grove ") and the Village of Wheeling
(hereinafter "Wheeling "); and
WHEREAS, both Buffalo Grove and Wheeling have a legitimate
interest in regulating the development of land near their borders
to protect the health and safety of their people and to provide
uniformity and contiguity; and
WHEREAS, Buffalo Grove and Wheeling have determined that there
exists a need and a 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, Buffalo Grove and Wheeling have determined that in
some instances it will be desirable and necessary for the power and
authority conferred on one municipality to be exercised by another;
and
WHEREAS, Buffalo Grove and Wheeling have authorized, by
resolution, the execution of this agreement as an exercise of their
respective authority and as an exercise of their intergovernmental
cooperation authority under the Constitution of Illinois; and
WHEREAS, Wheeling and Buffalo Grove are home rule units
pursuant to the Illinois Constitution of 1970; and
WHEREAS, Buffalo Grove has received a Petition For Annexation
from Ronald A. Herff, as Executor of the Estate of Marie R. Raupp
to annex the following legally described real property to Buffalo
Grove:
The part of the North West quarter of Section four (4)
Township Forty -two (42) North,Range eleven (11), East of the Third
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Principal Meridian, commencing at the intersection of the North
line of said Section four (4) with the center of Buffalo Grove Road
(formerly Wheeling and McHenry Road) thence South Easterly along
center of said road six hundred eighty -one and five tenths (681.5)
feet for a place of beginning; thence North fifty -five (55)
degrees, thirty (30) minutes East three hundred forty nine (349.0)
feet; thence South along a line to the center of a road to a point
two hundred seventy -one (271.00) feet Easterly of the centerline of
Buffalo Grove Road; thence South Westerly along center of said last
mentioned road to its intersection with the center of Buffalo Grove
Road (formerly Wheeling and McHenry Road); thence North Westerly
along center of said Buffalo Grove Road (formerly Wheeling and
McHenry Road) to the place of beginning, excluding the Easterly
fifty foot (50) right -of -way of Buffalo Grove Road and excluding
the Northerly fifty foot (50) right -of -way of Aptakisic Road, as
widened, in Cook County, Illinois.
hereinafter the " Herff Property;" and
WHEREAS, Wheeling has taken action to annex the Herff
Property;
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 Buffalo Grove
and Wheeling as follows:
Section 1. BUFFALO GROVE COMMITMENTS
Buffalo Grove agrees that it shall:
A. take no action on the voluntary Petition for
Annexation of the Herff Property, nor
B. take .no action, direct or indirect, to contest the
Herff Property annexation to Wheeling.
Section 2. WHEELING COMMITMENTS
Wheeling agrees that the zoning classification on the Herff
Property shall conform to the following:
A. detached residential - one to three dwelling units per
acre, or
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B. attached residential - between 3.1 to 6.0 dwelling
units per acre, or
C. permitted uses in the current Wheeling B -5, Office
Zoning district and conforming with all bulk
requirements thereof.
Section 3. AMENDMENT OF AGREEMENT
Neither Buffalo Grove nor Wheeling shall either directly or
indirectly seek any modification of this Agreement through court
action, and this agreement shall remain in full force and effect
until amended or changed by the mutual agreement of the corporate
authorities of both municipalities.
Section 4. SEVERABILITY
The provisions of this Agreement are mutually dependent with
respect to each other, and to this end are declared to be non-
severable. If any provision of this Agreement is declared by a
court of competent jurisdiction to be invalid or unenforceable,
then this whole agreement shall be unenforceable with both parties
hereto retaining all their rights and powers that they had prior to
execution hereof notwithstanding the passage of time.
Section 5. ADOPTION OF RESOLUTIONS
The parties hereto agree that this Agreement shall be adopted
by resolution 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.
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k
In Witness Whereof, the parties hereto have caused this
Agreement to be executed by the proper duly authorized officers.
Dated: 1993 Village of Pffalo rove
By:
Vfliage sident
Attest:
Vill ge Clerk
Dated: 1993
Attest:
Village Clerk
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Village of Wheeling
By:
Village President