1993-310
5/14/93
RESOLUTION NO. 93- 31
V
A RESOLUTION APPROVING A REVISED INTERGOVERNMENTAL COOPERATIVE
PLANNING AND BOUNDARY AGREEMENT BETWEEN THE VILLAGE OF BUFFALO
GROVE AND THE VILLAGE OF WHEELING AND REPEALING RESOLUTION 93 -24
WHEREAS, the Village of Buffalo Grove and the Village of
Wheeling are both Illinois Home Rule Units of government.
WHEREAS, by Resolution No. 93 -24, the Village of Buffalo Grove
approved an "Intergovernmental Cooperative Planning and Boundary
Agreement Between The Village of Buffalo Grove and the Village of
Wheeling" regarding the Herff Property; and
WHEREAS, the Village of Wheeling has requested changes to said
Intergovernmental Agreement prior to the Village of Wheeling's
execution thereof.
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 Village of Buffalo Grove does hereby formally
reject the Petition For Annexation dated August 14, 1992 executed
by Ronald A. Herff as Executor of the Estate of Marie R. Raupp
concerning the real property legally described in Exhibit "A" to
this Resolution.
Section 2. The Revised "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.
.
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Section 3. That Village of Buffalo Grove Resolution No. 93 -24
passed April 19, 1993 is hereby repealed.
Section 4. This resolution shall be effective from and after
its passage and approval.
Ayes: 6 - Marienthal. Reid, Kahn. Rubin. Braiman, Hendricks
Nayes • 0 - None
Absent: 0 - None
Passed: May 17 , 1993
Approved: May 17 , 1993
Attest: ( /� m .'� ''
Vill'a'ge Clerk
Affl—Mr-M. Me
5/14/93A
REVISED 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
o
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
V,
Third 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
A. Buffalo Grove does hereby formally reject the aforesaid
Petition For Annexation from Ronald A. Herff, as Executor of the
Estate of Marie R. Raupp to annex the Herff Property.
B. Buffalo Grove shall 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:
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A. detached residential - one to three dwelling units per
acre, or
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
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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IN WITNESS WHEREOF, the parties hereto have caused this
Agreement to be executed by the proper duly authorized officers.
Dated: May 17, 1993
Attest: -ry1 .
'Village Clerk
Dated: May 17, 1993
Attest:
Village Clerk
Village of Wheeling
By:
Village President