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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. . 0 � 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 That Village of Buffalo Grove Resolution No. 93 -24 passed April 19, 1993 is hereby repealed.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: 3 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. 4 0 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