The URL can be used to link to this page

Home My WebLink About7.1b An Ordinance approving an Intergovernmental Annexation Agreement between the VMP and the Illinois Tollway Authority BoardDocs® ProPage 1 of 2 Agenda Item Details MeetingApr 03, 2018 - REGULAR MEETING OF THE MOUNT PROSPECT VILLAGE BOARD - 7:00 p.m. Category7. NEW BUSINESS Subject7.1b 1st reading of an ORDINANCE APPROVING AN INTERGOVERNMENTAL ANNEXATION AGREEMENT BETWEEN THE ILLINOIS TOLLWAY AUTHORITY AND THE VILLAGE OF MOUNT PROSPECT AccessPublic TypeAction Preferred DateApr 03, 2018 Absolute DateApr 03, 2018 Fiscal ImpactNo Recommended ActionApproval of the Annexation Agreement Between the Village of Mount Prospect and the Illinois State Tollway Authority Public Content Information The Board of Trustees is to consider and approve an intergovernmental annexation agreement between the Village and the Illinois State Tollway Authority that will allow the Village to annex into its corporate boundaries territory located south of Oakton Street, west of Higgins Creek and north and northwest of the I-90 Tollway (the “Property”). The Village’s corporate limits are contiguous to the Property. The Village seeks annexation to the Property for the purpose of establishing contiguity with other territory that it likely will seek to annex in the future. The Village does not need to initiate annexations of these surrounded territories at any specific time. As a result of annexing the property, the Board will be able to annex the additional territories when it is advantageous to do so. The Tollway Authority’s Board of Directors has approved the annexation of the property to the Village. The annexation agreement indicates that the Village’s annexation of the Property will not affect the Tollway Authority’s use of the Property. The annexation agreement provides the Tollway Authority shall be granted the right to review and approve/disapprove the use, purpose, planned improvements and associated plans for the Property. The Village agrees not to regulate the Property. For instance, the Village agrees not to include the Property in any special services areas, special assessment districts, business districts, or any other taxing or development district. The Village also agrees not to impose Village standards or regulations on or against the Tollway or the Property. Alternatives 1. Board approval of the Annexation Agreement Between The Village and the Illinois State Tollway Authority 2. Action at discretion of Village Board. Staff Recommendation https://www.boarddocs.com/il/vomp/Board.nsf/Private?open&login6/13/2018 BoardDocs® ProPage 2 of 2 Village counsel has worked with attorneys at the Tollway Authority to resolve any difficulties pertaining to the Village’s annexation of the Property. It is recommended that the annexation agreement by approved by the Village Board of Trustees. IGA MP and Illinois Toll Highway Authority.pdf (431 KB) Administrative Content Executive Content Motion & Voting Approval of the Annexation Agreement Between the Village of Mount Prospect and the Illinois State Tollway Authority Motion by Paul Hoefert, second by William Grossi. Final Resolution: Motion Carries Yea: William Grossi, Eleni Hatzis, Paul Hoefert, Richard Rogers, Colleen Saccotelli, Michael Zadel https://www.boarddocs.com/il/vomp/Board.nsf/Private?open&login6/13/2018 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 (hereinafter referred to as the "'Tollway") and the Village of Mount Prospect, an Illinois municipality (hereinafter referred to as the "Village "); 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 incorporate into its boundaries particular parcels located south of Oakton Street, west of Higgins Creek, and north & northeast of the I-90 Tollway (hereinafter referred to as the "Property"); and WHEREAS, the Village has asked the Tollway for its cooperation and consent allowing the Village to annex the Property into the Village boundaries (See Plat and Aerial View Image attached as Exhibits "A" and "B" and 65 ILCS 5/7-1-2); WHEREAS, the Property abuts the southern end of the Village's jurisdictional limits; and WHEREAS, the limits are contiguous to the Property sought to be annexed into the Village; and WHEREAS, the proposed annexation would create a Village boundary consistent with the natural logical boundaries currently in place; and WHEREAS, Cook County's property records mistakenly reflected the Property as having been previously annexed by the neighboring Elk Grove Village. However, the Village addressed and resolved the issue with Cook County and represents that the Property is currently unincorporated; 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 rei. Clark v. The Village of Wheeling, 24 Ill.2d 267, 181 N.E.2d 72 (1962); and WHEREAS, pursuant to Tollway policy, the Tollway's Excess Real Estate Committee has considered and concurs with the proposed annexation; 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 which it shall continue to own and use free of Village regulations (the "Protective Conditions"); and WHEREAS, pursuant to the requirements of the Illinois Municipal Code, with the passage of a Board of Director's Resolution, the Tollway consents to 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 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 511-1-1 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/l 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 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 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 the Property or other properties located in the vicinity of Interstate 90 near Oakton Street and Higgins 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 indemnity and defend the Tollway against any claim or action of any kind related to or resulting from 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 the 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 obligations. 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 6 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 Mount Prospect Attn.: Land Acquisition Manager Attn.: Village Manager 2700 Ogden Avenue 50 S. Emerson Street Downers Grove, Illinois 60515 Mount Prospect, IL 60056 10. Applicable Law, Venue. This Agreement is govemed.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 MOUNT PROSPECT By: Arlene A. Juracek Date Mayor Attest: By: Village Clerk ILLINOIS STATE TOLL HIGHWAY AUTHORITY By: Date Elizabeth Gorman Executive Director Approved as to Form and Constitutionality Robert T. Lane, Senior Assistant Attorney General EXHIBIT A MAP, PLAT OF ANNEXATION AND LEGAL DESCRIPTION EXHIBIT 8 AERIAL VIEW IMAGE