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HomeMy WebLinkAboutRes 01-16 01/05/2016 Annexation Agreement with the Illinois State Tollway AuthorityRESOLUTION NO. 01-16 RESOLUTION AUTHORIZING THE EXECUTION OF AN ANNEXATION AGREEMENT WITH THE ILLINOIS STATE TOLLWAY HIGHWAY AUTHORITY WHEREAS, the Corporate Authorities of the Village of Mount Prospect, Cook County, Illinois, did hold a public hearing to consider an annexation agreement for the annexation of certain property not presently within the corporate limits of any municipality but contiguous to the Village of Mount Prospect. A true and correct copy of such Annexation Agreement (the "Annexation Agreement") is attached and made a part of this Resolution as EXHIBIT A; and WHEREAS, the public hearing was held pursuant to legal notice as required by law. All persons desiring an opportunity to be heard were given such opportunity at the public hearing; and WHEREAS, the Corporate Authorities of the Village of Mount Prospect, Cook County, Illinois, have determined that it is in the best interests of the Village of Mount Prospect that the Annexation Agreement be entered into by the Village of Mount Prospect. NOW, THEREFORE, Be It Resolved by the President and Board of Trustees of the Village of Mount Prospect, Cook County, Illinois, acting in the exercise of their home rule powers, as follows: Section 1: The Preambles are made a part of, and operative provisions of, this Resolution as fully as if completely repeated at length. Section 2: The President and Board of Trustees of the Village of Mount Prospect find that it is in the best interests of the Village of Mount Prospect and its 355774_1 residents that the aforesaid "Annexation Agreement" be entered into and executed by the Village of Mount Prospect. The Annexation Agreement shall be substantially in the form attached as EXHIBIT A. Section : The President and Clerk of the Village of Mount Prospect, Cook County, Illinois are authorized to execute for and behalf of the Village of Mount Prospect the aforesaid Annexation Agreement. Section 4: This Resolution shall take effect from and after its adoption and approval. ADOPTED this 5th day of January, 2016, by the Corporate Authorities of the Village of Mount Prospect on a roll call vote as follows: AYES: Hoefert, Polit, Rogers, Saccotelli, Zadel NAYS: None ABSENT: Matuszak PASSED AND APPROVED this 5th day of January, 2016 Arlene A. Jura k, Village President ATTEST: /�. M ar --, Karen M. Agoran s, Interim Deputy Village Clerk 355774_1 INTERGOVERNMENTAL AGREEMENT BETWEEN THE ILLINOIS STATE TOLL HIGHWAY AUTHORITY AND THE VILLAGE OF MOUNT PROSPECT, ILLINOIS THIS INTERGOVERNMENTAL AGREEMENT (the "Agreement") is made and entered into by the Illinois State Toll Highway Authority, an instrumentality and administrative agency of the State of Illinois (the "Tollway") and the Village of Mount Prospect, an Illinois municipality (the "Village "); WITNESSETH: WHEREAS, the Village, in response to Cook County's initiative to encourage neighboring municipalities to incorporate certain portions of unincorporated Cook County, and also in response to concerns of residents located in and around the currently unincorporated adjacent portions of the Village, the Village seeks to involuntarily incorporate particular parcels of property (the "Lynn Court Property"); and WHEREAS, the Village has asked the Tollway for its cooperation and consent allowing the Village to annex the Lynn Court Property into the Village boundaries (See 65 ILCS 5/7-1-2); and WHEREAS, the Tollway owns real estate abutting the southern boundary of the Lynn Court Property. A Plat of Annexation including a legal description of the subject property (the "Tollway Property") are included in attached Exhibit A; and WHEREAS, Tollway right of way may not be annexed without the consent of the Governor or the Tollway's Board of Directors. 65 ILCS 5/7-1-2 also see People ex rel. Clark v. The Village of Wheeling, 24 I11.2d 267, 181 N.E.2d 72 (1962); and WHEREAS, the Tollway has no objection to the Village's request to annex the Tollway Property legally described herein for the above described purpose; and WHEREAS, the Village's corporate limits will be contiguous to the Lynn Court Property if the Tollway Property is annexed into the Village; and WHEREAS, the Village's annexation of the Tollway Property will have no impact on the Tollway's continuing, permanent, unfettered use of the Tollway Property free of Village regulations (the "Protective Conditions"); and WHEREAS, the Tollway agrees to grant the Village's request to annex the Tollway Property subject to the conditions stated and agreed to in this Agreement; and WHEREAS, the neighboring Village of Elk Grove Village has no objection to Mount Prospect's annexation of the Lynn Court Property or the Village's annexation of the Tollway Property; and WHEREAS, the Tollway by virtue of its powers as set forth in the "Toll Highway Act," 605 ILCS 10/1 et seq. is authorized to enter into this Agreement; and WHEREAS, the Village by virtue of its powers as set forth in the Illinois Municipal Code 65 ILCS 5/1-1-1 et seq. is authorized to enter into this Agreement; and WHEREAS, the Village and the Tollway are units of government within the meaning of Article VII, Section 10 of the 1970 Constitution of the State of Illinois and have the authority under the Constitution and the Illinois Intergovernmental Cooperation Act, 5 ILCS 220/1 et seq., to enter into this Agreement; NOW, THEREFORE, in consideration of the recitals and the provisions of this Agreement, the Village and the Tollway agree as follows: 1. Incorporation of Recitals. The foregoing recitals are incorporated into this Agreement as substantive provisions of this Agreement. 2. Petition For Annexation. The Tollway agrees to support the Village's petition for annexation of the Lynn Court Property into the Village boundaries. 3. Annexation. The Village is responsible for taking all actions necessary to annex the Tollway Property. Any and all costs and fees assessed, incurred or associated with the annexation of the Tollway Property or the Lynn Court Property shall be at the expense of the Village. The Tollway will cooperate with the Village as reasonably necessary to accomplish the annexation of the Tollway Property. 4. Review and Approval. The Village and the Tollway shall have the following rights and responsibilities with respect to Lynn Court or other properties located in the vicinity of Interstate 90 and Busse Road: (a) The Village shall keep the Tollway informed of any proposed modifications to the property abutting the Tollway. (b) The Tollway shall be granted the right to review and approve/disapprove the use, purpose, planned improvements and associated plans for the property contemplated in the annexation limits. The Tollway's review shall include but not be limited to potential impacts to land use, zoning, operations, safety and drainage. 5. Indemnification of Tollway by Village. The Village will indemnify and defend the Tollway against any claim or action of any kind related to the annexation or any other element of this Agreement. 6. Village Findings, Agreement Not To Regulate Tollway Property. (a) Findings. The Village finds that (i) The Tollway has used and should always continue to use the Tollway Property for Tollway purposes, (ii) there is no useful purpose for the Village to regulate in any way the Tollway Property or the Tollway's uses of the Tollway Property, and (iii) that the sole purpose of annexing the Tollway Property into the Village is to enable the Village to achieve a more consistent and uninterrupted southern border. (b) Agreement Not to Regulate. The Village agrees and covenants never to include the Tollway Property in any special services area, special assessment district, business district, or any other taxing or development district. To the extent Tollway property is or becomes located in any special services area, special assessment district, business district or any other taxing or development district, the Village shall release the Tollway from any and all obligation and the Tollway property upon request. The Village further agrees and covenants never to impose Village standards or regulations on or against the Tollway or the Tollway Property, including without limitation zoning, planning, or subdivision ordinances or regulations; business licensing; building, construction, property maintenance codes or any other similar codes; stormwater management ordinances or regulations; or any taxes, fees, or other exactions of any kind. 7. Dispute Resolution. In the event of a dispute over the terms of this Agreement, the Village President and the Tollway's Executive Director will meet and attempt to resolve the dispute. If the Village President and Executive Director are unable to resolve the dispute, then the decision of the Executive Director regarding the dispute will be final. 8. Tollway Remedies. If the Village at any time acts or threatens to act in violation of Section 5 or any other term of this Agreement, then the Tollway has the right to seek immediate injunctive relief, a declaratory judgment against the Village, damages for breach of this Agreement, and any other available relief in law or equity, without posting any bond therefor. 9. Notices. Notices between the Village and the Tollway related to this Agreement must be in writing, sent by certified mail, and addressed as follows: If to the Tollway: If to the Village: Illinois State Toll Highway Authority Village of Mt. Prospect Attn.: Property Manager Attn.: Village President 2700 Ogden Avenue 50 S. Emerson Downers Grove, Illinois 60515 Mt. Prospect, IL 60056 10. Applicable Law, Venue. This Agreement is governed by the laws of the State of Illinois. The venue for any action on this Agreement is Du Page County. 11. Village Representation and Warranty. The Village represents and warrants that it has the authority to bind itself to all of the provisions of this agreement and that this Agreement has been properly approved by the Village and executed by a properly authorized representative of the Village. [all signatures appear on next page] IN WITNESS WHEREOF, the Village and the Tollway have caused this Agreement to be approved and executed by their properly authorized representatives. VILLAGE OF MT. PROSPECT By:��. Arlene A. Juracek Date Mayor Attest: By: ,/w P a 1 -12 --Ar Village Clerk ILLINOIS STATE TOLL HIGHWAY AUTHORITY By: Greg Bedalov Date Executive Director Approved as to Form and Constitutionality Robert T. Lane, Senior Assistant Attorney General