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R-18-97 Authorizing The Execution Of An Intergovernmental Cooperative Plannign And Boundary Agreement Bteween The Village Of Lemont And the City Of LockportRESOLUTION A RESOLUTION AUTHORIZING THE EXECUTION OF AN INTERGOVERNMENTAL COOPERATIVE PLANNING AND BOUNDARY AGREEMENT BETWEEN THE VILLAGE OF LEMONT AND THE CITY OF LOCKPORT WHEREAS, it is in the best interest of the Village of Lemont, Cook, Will and DuPage Counties, Illinois to enter into "An Intergovernmental Cooperative Planning and Boundary Agreement between the Village of Lemont and the City of Lockport." NOW, THEREFORE, BE IT RESOLVED by the President and Board of Trustees as follows: SECTION 1: That the Village President and Village Clerk are authorized and directed to execute a document attached hereto and made a part of this Resolution known as "An Intergovernmental Cooperative Planning and Boundary Agreement between the Village of Lemont and the City of Lockport. SECTION 2: That this Resolution shall be in full force and effect from and after its passage, approval and publication as provided by law. PASSED AND APPROVED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF LEMONT, COUNTIES OF COOK, WILL, AND DU PAGE, ILLINOIS, on this 14th day of April , 1997. AYES NAYS PASSED ABSENT v Barbara Buschman Alice Chin Keith Latz Connie Markiewicz Richard Rimbo Ralph Schobert v Approved by me this 14th day of CHARLENE SMOLLEN, Village Clerk CHARLENE M. M 1997 LLEN, Village Clerk HARD A. KWASNESKI, Village President CITY OF LOCKPORT RESOLUTION NO. 97 -252 A RESOLUTION AUTHORIZING THE EXECUTION OF AN INTERGOVERNMENTAL COOPERATIVE PLANNING AND BOUNDARY AGREEMENT BETWEEN THE VILLAGE OF LEMONT AND THE CITY OF LOCKPORT, ADOPTED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF LOCKPORT THIS 23RD DAY OF APRIL , 1997 CITY OF LOCKPORT RESOLUTION NO. 97 -252 A RESOLUTION AUTHORIZING THE EXECUTION OF AN INTERGOVERNMENTAL COOPERATIVE PANNING AND BOUNDARY AGREEMENT BETWEEN THE VILLAGE OF LEMONT AND THE CITY OF LOCKPORT, ADOPTED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF LOCKPORT THIS 23RD DAY OF APRIL , 1997. WHEREAS, It is in the best interest of the City of Lockport, Will County, Illinois to enter into "An Intergovernmental Cooperative Planning and Boundary Agreement between the Village of Lemont and the City of Lockport ". NOW, THEREFORE, BE RESOLVED BY THE MAYOR AND THE CITY COUNCIL OF THE CITY OF LOCKPORT, WILL COUNTY, ILLINOIS, AS FOLLOWS: SECTION 1: That the Mayor and the City Clerk be and he /she is hereby authorized and directed and the City Clerk is directed to execute, a document attached hereto and made a part of this resolution known as "An Intergovernmental Cooperative Planning and Boundary Agreement between the Village of Lemont and the City of Lockport". 2 SECTION 2: That this Ordinance shall be in full force and effect from and after its passage, approval and publication in pamphlet form as provided by law. PASSED this 23RD day of APRIL , 1997, with 6 0 Alderpersons voting aye, 0 Alderpersons voting nay, Alderpersons abstaining, and with 2 Alderpersons absent, the Mayor not voting; said vote being: GEUTHER A , FORNOFF A , TURNER A , FALLON ABSENT STEFFES A , COON A , DeSANDRE ABSENT TR4VEDI A PAULA R. WAXWEILER, CITY CLERK APPROVED this 23RD day of APRIL (SEAL) ATT , 1997. j// /1 th% RICHARD C. DYSTRUP, M • OR PA LA R. WAXWEILER, CITY CLERK 3 AN INTERGOVERNMENTAL COOPERATIVE PLANNING AND BOUNDARY AGREEMENT BETWEEN THE VILLAGE OF LEMONT AND THE CITY OF LOCKPORT THIS AGREEMENT is entered into this 23Rkiay of APRIL 19 97, between the VILLAGE OF LEMONT, an Illinois municipal corporation and the CITY OF LOCKPORT, an Illinois municipal corporation. WITNESSETH: WHEREAS, Section 10 of Article VII of the Constitution of the State of Illinois authorizes units of local government to enter into agreements to exercise, combine or transfer any power of function not prohibited to them by law; and WHEREAS, Section 11 -12 -9 of the Illinois Municipal Code (65 ILCS 5/11- 12-9) authorizes two or more municipalities to enter into agreements concerning the exercise of their respective jurisdiction within unincorporated territory that lies within one and one -half miles of their boundaries; and WHEREAS, the Intergovernmental Cooporation Act of 1973 (5 ILCS 220/1 et seq.) authorizes two or more municipalities to enter into agreements concerning the joint exercise of certain municipal powers and to enter into contracts for the performance of governmental services, activities and undertakings; and WHEREAS, there exists unincorporated territory within one and one -half miles of the Village of Lemont (LEMONT) and the City of Lockport (LOCKPORT); and 4 WHEREAS, developments underway or in various stages of planning are creating growth opportunities in and near the unincorporated territory lying between and near LEMONT and LOCKPORT; and WHEREAS, both municipalities have determined that such growth will be accompanied by significantly higher demands for transportation, public utility, public safety and associated municipal services; and WHEREAS, LEMONT and LOCKPORT have determined that the territory lying between their present municipal boundaries is a rapid;/ developing area in which problems related to utility service, open space preservation, flood contorl, population density, ecological and economic impact are ever - increasing both in number and complexity; and WHEREAS, LEMONT and LOCKPORT and their respective citizens are vitally affected by such concerns, and any attempt to solve them and provide for the welfare, prosperity, and employment of the inhabitants of the municipalities will be benefited by mutual action and intergovernmental cooperation with respect thereto; and WHEREAS, LEMONT and LOCKPORT 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 5 WHEREAS, LEMONT and LOCKPORT, after due investigation and consideration, have elected to enter into an agreement providing for the establishment of a boundary for their respective jurisdictions in the unincorporated territory Tying between and near their boundaries; and WHEREAS, LEMONT and LOCKPORT, have determined that the observance of the boundary line in future annexations by the two municipalities will serve the best interests of the two communities; and WHEREAS, LEMONT and LOCKPORT 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, LEMONT and LOCKPORT 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; NOW, THEREFORE, in consideration of the mutual promises contained herein and the recitals hereinabove set forth, it is hereby agreed between LEMONT and LOCKPORT as follows: 1. BOUNDARY LINE LEMONT and LOCKPORT agree that in the unincorporated area lying between and near the two municipalities, the boundary line for annexation, governmental planning, subdivision control, official map, ordinances, and other municipal purposes and functions shall be as is depicted on the map attached hereto as Exhibit A which is made a part of this agreement. 2. JURISDICTION (a) With respect to property located within the area assigned to LEMONT, LOCKPORT agrees that it shall not annex any unincorporated territory nor shall it exercise or attempt to exercise or enforce any zoning ordinance, subdivision control, official map, or other municipal authority or ordinance, except as may be hereinafter provided in this agreement. above - mentioned territory from LOCKPORT. (b) With respect to property located within the area assigned to LOCKPORT, LEMONT agrees that it shall not annex any unincorporated territory nor shall it exercise or attempt to exercise or enforce any zoning ordinance, subdivision control, official map, or other municipal authority or ordinance, except as may be hereinafter provided in this agreement. above- mentioned territory from LEMONT. 3. SUBDIVISION CONTROLS In the event that either municipality's subdivision control authority cannot be exercised within its designated area because the municipality is not located within one and one -half miles of a proposed subdivision, and if the other municipality is located within one and one -half miles of that subdivision, then, in those events, the municipality located within one and one -half miles of a proposed subdivision hereby transfers its subdivision control authority to the other municipality pursuant to Section 10, Article VII, of the Constitution of the State of Illinois of 1970 and the proposed subdivision shall be subject to the subdivision regulations of the transferee municipality. 7 In the event that any court of law shall find that the transfer of subdivision control power between units of local government is prohibited by law, then, if either municipality cannot exercise its subdivision control within its designated area because it is not located within one and one -half miles of a proposed subdivision, and if the other municipality is located within one and one -half miles of the subdivision, then the latter municipality shall exercise subdivision control notwithstanding the boundaries established by this agreement. For the purposes of this agreement the term "subdivision" shall include subdivisions of land as defined by applicable law and ordinance and other developments or uses of land which are made subject to either municipality's subdivision regulations by law or ordinance. 4. PROHIBITED ANNEXATIONS Each municipality shall actively oppose any attempt to effectuate a voluntary or involuntary annexation initiated by a third party to have territory annexed to its respective municipality which annexation would have the effect of changing the boundaries established under this agreement. 5. STATUTORY OBJECTIONS This agreement shall not be construed so as to limit or adversely affect the right of either municipality to file a statutory objection to proposed rezonings or other land use proposals that have been presented to the corporate authorities of Will County involving territory that is within one and one -half miles of its corporate limits. 8 Z1.46GIVL6 In the event that either municipality's authority to assert a statutory objection to proposed rezonings or other land use proposals cannot be exercised within its designated area because the municipality is not located within one and one -half miles of the subject property, and if the other municipality is located within one and one -half miles of said property, then, in those events, the municipality located within one and one -half miles of said property hereby transfers its authority to the other municipality pursuant to Section 10, Article VII of the Constitution of the State of Illinois of 1970. In the event that any court of law shall find that the transfer of authority is prohibited by law, then, if either municipality cannot exercise its authority within its designated area because it is not located within one and one -half miles of said property, and if the other municipality is located within one and one -half miles of said property, then the later municipality shall exercise its authority notwithstanding the boundaries established by this agreement. 6. ANNEXATION OF ROADWAYS (a) If the boundary line depicted on Exhibit A is located on a roadway, the boundary line shall be deemed to be located on the center line of the roadway if the roadway is not located within the corporate limits of either municipality as of the date of this agreement. For territory that has been annexed by either municipality prior to the date of this agreement, then the roadway shall be deemed to be located within the municipality to which the roadway has been annexed either by ordinance or by operation of state law pursuant to Section 7 -1 -1 of the 9 r Illinois Municipal Code (65 ILCS 5/7 -1 -1). For unincorporated territory that is located on either side of the boundary line and that will be annexed to the designated municipality in the future, the roadway shall be deemed to be located within the municipality that first annexes its respective territory adjacent to the roadway. The boundary line set by this agreement shall be deemed to have been amended accordingly without further action by either municipality. (b) Each municipality agrees that with respect to any roadways that are or are deemed to be located within that municipality's territory pursuant to this agreement, that municipality shall, to the extent it has jurisdiction to do so, authorize the reasonable use of the right -of -way of such roadway and grant non - exclusive easements for the installation by the other municipality of water, sanitary sewer, and utility service facilities, storm sewer mains and appurtenant public improvements. Each municipality agrees that it may assign its non - exclusive easement rights to any other unit of local government that may provide water, sanitary sewer, or storm sewer service to territory within the easement grantee's territory designated under this agreement. (c) The parties recognize the practical problems of providing required municipal services for roadways that are located on the boundary line. To that end, the parties agree that further cooperative agreements shall be developed to provide public safety services to roadways that are located on the boundary line. 10 Lio 7. WAIVER OF ANNEXATION CHALLENGES Each municipality agrees that it waives any right to challenge or otherwise contest the validity of any annexation the other municipality has effected, is effecting, or will effect in the future for territory located within the other municipality's designated area as depicted in Exhibit A. This waiver includes but is not limited to annexation proceedings initiated by petition, ordinance or publication made by owners of record, electors, municipalities or their respective agents or representatives. The parties further agree not to make any requests, formal or informal, to any third party for that third party to challenge the validity of the other municipality's past, current, or future annexations within the other municipality's designated area. 8. FACILITIES PLANNING AREA LEMONT and LOCKPORT agree to provide sewer services if practicable to areas within their facility planning area even though the area may not be under their control under this agreement. 9. EFFECT OF AGREEMENT ON OTHER MUNICIPALITIES This agreement shall be binding upon and shall apply only to the legal relationship between LEMONT and LOCKPORT. Nothing herein shall be used or construed to affect, support, bind, or invalidate the boundary claims of either LEMONT or LOCKPORT insofar as such may affect any municipality which is not a party to his agreement. 11 10. AMENDMENT OF AGREEMENT Neither LEMONT nor LOCKPORT 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. 11. SEVERABILITY If any provisions of this agreement shall be declared invalid for any reason, such invalidation shall not affect other provisions of this agreement which can be given effect without the invalid provisions and to this end the provisions of this agreement are to be deemed severable. If this agreement is declared to not apply to a particular parcel of real property despite the inclusion of such parcel in Exhibit "A ", such declaration shall not invalidate this agreement or affect any other parcel of real property. 12. DURATION OF AGREEMENT This agreement shall be in full force and effect for a period of 20 years from the date hereof and for such further and additional time as the parties hereto may agree by amendment to this agreement. 13. ENFORCEMENT This agreement shall be enforceable through any appropriate action at C:® law or in equity. No action may be brought to enforce this agreement unless the party seeking enforcement first notifies the other party in writing of the nature of the alleged breach, the specific action required to remedy the breach and the amount of time reasonably required to attain compliance, but not Tess than sixty 12 (60) days. The parties shall bear their own expenses related to the enforcement of this agreement. 14. NOTICES Any notice required by this agreement shall be in writing and shall be served by personal delivery on the municipal clerk and chief administrative officer of the receiving party. In lieu of personal service, required noticesmay be served by certified mail, return receipt requested, addressed to the municipal clerk and chief administrative officer of the receiving party. Notices shall be deemed served on the day of personal delivery or on the fourth day following mailing. 15. APPLICABLE LAW AND RECORDING REQUIREMENTS This agreement shall be construed in accordance with the laws of the State of Illinois and shall be published by the respective municipalities and recorded or filed with the Will County Recorder, Cook County Recorder, and others as their interest may appear. 16. ADOPTION OF ORDINANCES The parties agree that this agreement shall be adopted by ordinance approved by the corporate authorities of each municipality. IN WITNESS WHEREOF, the parties hereto have caused the execution of their duly authorized officer this 23RD day of APRIL , 1997. ATTEST: / CITY CLERK OF LEMONT, an icip .1 Corporation A CITY OF LOCKPORT, an Illinois Municipal Co poration 1/ Za), /4 4, di e //A CITY CLERK 14 s Z 3 4 0 1 Z GC X 2 3 a 1 RESOLUTION A RESOLUTION AUTHORIZING THE EXECUTION OF AN INTERGOVERNMENTAL COOPERATIVE PLANNING AND BOUNDARY AGREEMENT BETWEEN THE VILLAGE OF LEMONT AND THE CITY OF LOCKPORT WHEREAS, it is in the best interest of the Village of Lemont, Cook, Will and DuPage Counties, Illinois to enter into "An Intergovernmental Cooperative Planning and Boundary Agreement between the Village of Lemont and the City of Lockport." NOW, THEREFORE, BE IT RESOLVED by the President and Board of Trustees as follows: SECTION 1: That the Village President and Village Clerk are authorized and directed to execute a document attached hereto and made a part of this Resolution known as "An Intergovernmental Cooperative Planning and Boundary Agreement between the Village of Lemont and the City of Lockport. SECTION 2: That this Resolution shall be in full force and effect from and after its passage, approval and publication as provided by law. PASSED AND APPROVED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF LEMONT, COUNTIES OF COOK, WILL, AND DU PAGE, ILLINOIS, on this 14th day of April , 1997. Barbara Buschman Alice Chin Keith Latz Connie Markiewicz Richard Rimbo Ralph Schobert Approved by me this 14th day of CHARLENE SMOLLEN, Village Clerk AYES NAYS PASSED ABSENT v CHARLENE M. M • LLEN, Village Clerk 1997 O. . tur HARD A. KWASNESKI, Village President AN INTERGOVERNMENTAL COOPERATIVE PLANNING AND BOUNDARY AGREEMENT BETWEEN THE VILLAGE OF LEMONT AND THE CITY OF LOCKPORT THIS AGREEMENT is entered into this / 4( day of 19 , between the VILLAGE OF LEMONT, an Illinois municipal corporation and the CITY OF LOCKPORT, an Illinois municipal corporation. WITNESSETH: WHEREAS, Section 10 of Article VII of the Constitution of the State of Illinois authorizes units of local government to enter into agreements to exercise, combine or transfer any power of function not prohibited to them by law; and WHEREAS, Section 11 -12 -9 of the Illinois Municipal Code (65 ILCS 5/11- 12-9) authorizes two or more municipalities to enter into agreements concerning the exercise of their respective jurisdiction within unincorporated territory that lies within one and one -half miles of their boundaries; and WHEREAS, the Intergovernmental Cooporation Act of 1973 (5 ILCS 220/1 et seq.) authorizes two or more municipalities to enter into agreements concerning the joint exercise of certain municipal powers and to enter into contracts for the performance of governmental services, activities and undertakings; and WHEREAS, there exists unincorporated territory within one and one -half miles of the Village of Lemont (LEMONT) and the City of Lockport (LOCKPORT); and 4 WHEREAS, developments underway or in various stages of planning are creating growth opportunities in and near the unincorporated territory lying between and near LEMONT and LOCKPORT; and WHEREAS, both municipalities have determined that such growth will be accompanied by significantly higher demands for transportation, public utility, public safety and associated municipal services; and WHEREAS, LEMONT and LOCKPORT have determined that the territory lying between their present municipal boundaries is a rapidly developing area in which problems related to utility service, open space preservation, flood control population density, ecological and economic impact are ever - increasing both in number and complexity; and WHEREAS, LEMONT and LOCKPORT and their respective citizens are vitally affected by such concerns, and any attempt to solve them and provide for the welfare, prosperity, and employment of the inhabitants of the municipalities will be benefited by mutual action and intergovernmental cooperation with respect thereto; and WHEREAS, LEMONT and LOCKPORT 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 5 WHEREAS, LEMONT and LOCKPORT, after due investigation and consideration, have elected to enter into an agreement providing for the establishment of a boundary for their respective jurisdictions in the unincorporated territory Tying between and near their boundaries; and WHEREAS, LEMONT and LOCKPORT, have determined that the observance of the boundary line in future annexations by the two municipalities will serve the best interests of the two communities; and WHEREAS, LEMONT and LOCKPORT 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, LEMONT and LOCKPORT 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; NOW, THEREFORE, in consideration of the mutual promises contained herein and the recitals hereinabove set forth, it is hereby agreed between LEMONT and LOCKPORT as follows: 1. BOUNDARY LINE LEMONT and LOCKPORT agree that in the unincorporated area lying between and near the two municipalities, the boundary line for annexation, governmental planning, subdivision control, official map, ordinances, and other municipal purposes and functions shall be as is depicted on the map attached hereto as Exhibit A which is made a part of this agreement. 6 2. JURISDICTION (a) With respect to property located within the area assigned to LEMONT, LOCKPORT agrees that it shall not annex any unincorporated territory nor shall it exercise or attempt to exercise or enforce any zoning ordinance, subdivision control, official map, or other municipal authority or ordinance, except as may be hereinafter provided in this agreement. above - mentioned territory from LOCKPORT. (b) With respect to property located within the area assigned to LOCKPORT, LEMONT agrees that it shall not annex any unincorporated territory nor shall it exercise or attempt to exercise or enforce any zoning ordinance, subdivision control, official map, or other municipal authority or ordinance, except as may be hereinafter provided in this agreement. above- mentioned territory from LEMONT. 3. SUBDIVISION CONTROLS In the event that either municipality's subdivision control authority cannot be exercised within its designated area because the municipality is not located within one and one -half miles of a proposed subdivision, and if the other municipality is located within one and one -half miles of that subdivision, then, in those events, the municipality located within one and one -half miles of a proposed subdivision hereby transfers its subdivision control authority to the other municipality pursuant to Section 10, Article VII, of the Constitution of the State of Illinois of 1970 and the proposed subdivision shall be subject to the subdivision regulations of the transferee municipality. 7 In the event that any court of law shall find that the transfer of subdivision control power between units of local government is prohibited by law, then, if either municipality cannot exercise its subdivision control within its designated area because it is not located within one and one -half miles of a proposed subdivision, and if the other municipality is located within one and one -half miles of the subdivision, then the latter municipality shall exercise subdivision control notwithstanding the boundaries established by this agreement. For the purposes of this agreement the term "subdivision" shall include subdivisions of land as defined by applicable law and ordinance and other developments or uses of land which are made subject to either municipality's subdivision regulations by law or ordinance. 4. PROHIBITED ANNEXATIONS Each municipality shall actively oppose any attempt to effectuate a voluntary or involuntary annexation initiated by a third party to have territory annexed to its respective municipality which annexation would have the effect of changing the boundaries established under this agreement. 5. STATUTORY OBJECTIONS This agreement shall not be construed so as to limit or adversely affect the right of either municipality to file a statutory objection to proposed rezonings or other land use proposals that have been presented to the corporate authorities of Will County involving territory that is within one and one -half miles of its corporate limits. 8 In the event that either municipality's authority to assert a statutory objection to proposed rezonings or other land use proposals cannot be exercised within its designated area because the municipality is not located within one and one -half miles of the subject property, and if the other municipality is located within one and one -half miles of said property, then, in those events, the municipality located within one and one -half miles of said property hereby transfers its authority to the other municipality pursuant to Section 10, Article VII of the Constitution of the State of Illinois of 1970. In the event that any court of law shall find that the transfer of authority is prohibited by law, then, if either municipality cannot exercise its authority within its designated area because it is not located within one and one -half miles of said property, and if the other municipality is located within one and one -half miles of said property, then the later municipality shall exercise its authority notwithstanding the boundaries established by this agreement. 6. ANNEXATION OF ROADWAYS (a) If the boundary line depicted on Exhibit A is located on a roadway, the boundary line shall be deemed to be located on the center line of the roadway if the roadway is not located within the corporate limits of either municipality as of the date of this agreement. For territory that has been annexed by either municipality prior to the date of this agreement, then the roadway shall be deemed to be located within the municipality to which the roadway has been annexed either by ordinance or by operation of state law pursuant to Section 7 -1 -1 of the 9 Illinois Municipal Code (65 ILCS 5/7 -1 -1). For unincorporated territory that is located on either side of the boundary line and that will be annexed to the designated municipality in the future, the roadway shall be deemed to be located within the municipality that first annexes its respective territory adjacent to the roadway. The boundary line set by this agreement shall be deemed to have been amended accordingly without further action by either municipality. (b) Each municipality agrees that with respect to any roadways that are or are deemed to be located within that municipality's territory pursuant to this agreement, that municipality shall, to the extent it has jurisdiction to do so, authorize the reasonable use of the right -of -way of such roadway and grant non - exclusive easements for the installation by the other municipality of water, sanitary sewer, and utility service facilities, storm sewer mains and appurtenant public improvements. Each municipality agrees that it may assign its non - exclusive easement rights to any other unit of local government that may provide water, sanitary sewer, or storm sewer service to territory within the easement grantee's territory designated under this agreement. (c) The parties recognize the practical problems of providing required municipal services for roadways that are located on the boundary line. To that end, the parties agree that further cooperative agreements shall be developed to provide public safety services to roadways that are located on the boundary line. 10 7. WAIVER OF ANNEXATION CHALLENGES Each municipality agrees that it waives any right to challenge or otherwise contest the validity of any annexation the other municipality has effected, is effecting, or will effect in the future for territory located within the other municipality's designated area as depicted in Exhibit A. This waiver includes but is not limited to annexation proceedings initiated by petition, ordinance or publication made by owners of record, electors, municipalities or their respective agents or representatives. The parties further agree not to make any requests, formal or informal, to any third party for that third party to challenge the validity of the other municipality's past, current, or future annexations within the other municipality's designated area. 8. FACILITIES PLANNING AREA LEMONT and LOCKPORT agree to provide sewer services if practicable to areas within their facility planning area even though the area may not be under their control under this agreement. 9. EFFECT OF AGREEMENT ON OTHER MUNICIPALITIES This agreement shall be binding upon and shall apply only to the legal relationship between LEMONT and LOCKPORT. Nothing herein shall be used or construed to affect, support, bind, or invalidate the boundary claims of either LEMONT or LOCKPORT insofar as such may affect any municipality which is not a party to his agreement. 11 10. AMENDMENT OF AGREEMENT Neither LEMONT nor LOCKPORT 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. 11. SEVERABILITY If any provisions of this agreement shall be declared invalid for any reason, such invalidation shall not affect other provisions of this agreement which can be given effect without the invalid provisions and to this end the provisions of this agreement are to be deemed severable. If this agreement is declared to not apply to a particular parcel of real property despite the inclusion of such parcel in Exhibit "A ", such declaration shall not invalidate this agreement or affect any other parcel of real property. 12. DURATION OF AGREEMENT This agreement shall be in full force and effect for a period of 20 years from the date hereof and for such further and additional time as the parties hereto may agree by amendment to this agreement. 13. ENFORCEMENT This agreement shall be enforceable through any appropriate action at law or in equity. No action may be brought to enforce this agreement unless the party seeking enforcement first notifies the other party in writing of the nature of the alleged breach, the specific action required to remedy the breach and the amount of time reasonably required to attain compliance, but not Tess than sixty 12 (60) days. The parties shall bear their own expenses related to the enforcement of this agreement. 14. NOTICES Any notice required by this agreement shall be in writing and shall be served by personal delivery on the municipal clerk and chief administrative officer of the receiving party. In lieu of personal service, required notices may be served by certified mail, return receipt requested, addressed to the municipal clerk and chief administrative officer of the receiving party. Notices shall be deemed served on the day of personal delivery or on the fourth day following mailing. 15. APPLICABLE LAW AND RECORDING REQUIREMENTS This agreement shall be construed in accordance with the laws of the State of Illinois and shall be published by the respective municipalities and recorded or filed with the Will County Recorder, Cook County Recorder, and others as their interest may appear. 16. ADOPTION OF ORDINANCES The parties agree that this agreement shall be adopted by ordinance approved by the corporate authorities of each municipality. 13 IN WITNESS WHEREOF, the parties hereto have caused the execution of their duly authorized officer this day of , 1997. F LEMONT, an I orporation ST: dae. 44/delde(A. CITY CLERK M OR CITY OF LOCKPORT, an Illinois Municipal orpora on 14 a •at`.�s' 7 10:::31.: iO 4-1997- 97419972 State of Illinois Cook, Will and DuPage Counties VILLAGE OF LEMONT TO ALL WHOM THESE PRESENTS SHALL COME, GREETINGS: This is to certify that I, Charlene Smollen, am the duly elected, qualified and acting Clerk of the Village of Lemont, Cook, Will and DuPage Counties, Illinois; that I am the keeper of the files, records, and seal of said Village; that the following is a true, perfect and correct copy of: RESOLUTION R -18 -97 A RESOLUTION AUTHORIZING THE EXECUTION OF AN INTERGOVERNMENTAL COOPERATIVE PLANNING AND BOUNDARY AGREEMENT BETWEEN VILLAGE OF LEMONT AND CITY OF LOCKPORT. W:R:gigar 7- COO QjNTY Cft as it appears from the files in my office now remaining. I further state that this certification is issued under my hand and seal of the Village of Lemont as provided for in 65 ILCS 5/1 -2 -5 and 5/1 -2 -6. In Witness Whereof, I have hereunto set my hand and caused to be affixed the Corporate Seal of the Village of Lemont, Cook, Will and DuPage Counties, Illinois, Dated at Lemont, Illinois this 9th day of Nay , 1997 � ,/ RLENE SMOLLEN, Village Clerk Village Clerk Village of Lemont 418 Main Street Lemont, IL 60439=3788 LEMONT State of Illinois PLEASE RETURN THIS COPY IF if D JUN 02 199 Cook, Will and DuPage e‘e Doge County Clerk VILLAGE OF LEMONT TO ALL WHOM THESE PRESENTS SHALL COME, GREETINGS: This is to certify that I, Charlene Smollen, am the duly elected, qualified and acting Clerk of the Village of Lemont, Cook, Will and DuPage Counties, Illinois; that I am the keeper of the files, records, and seal of said Village; that the following is a true, perfect and correct copy of: RESOLUTION R -18 -97 A RESOLUTION AUTHORIZING THE EXECUTION OF AN INTERGOVERNMENTAL COOPERATIVE PLANNING AND BOUNDARY AGREEMENT BETWEEN VILLAGE OF LEMONT AND CITY OF LOCKPORT as it appears from the files in my office now remaining. I further state that this certification is issued under my hand and seal of the Village of Lemont as provided for in 65 ILCS 5/1 -2 -5 and 5/1 -2 -6. In Witness Whereof, I have hereunto set my hand and caused to be affixed the Corporate Seal of the Village of Lemont, Cook, Will and DuPage Counties, Illinois, Dated at Lemont, Illinois this 9th day of May , :1997 CHARLENE SMOLLEN, Village Clerk Return to: Village Clerk Village of Lemont 418 Main Street Lemont, IL 60439 -3788 State of Illinois Cook, Will and DuPage Counties VILLAGE OF LEMONT TO ALL WHOM THESE PRESENTS SHALL COME, GREETINGS: This is to certify that I, Charlene Smollen, am the duly elected, qualified and acting Clerk of the Village of Lemont, Cook, Will and DuPage Counties, Illinois; that I am the keeper of the files, records, and seal of said Village; that the following is a true, perfect and correct copy of: RESOLUTION R -18 -97 A RESOLUTION AUTHORIZING THE EXECUTION OF AN INTERGOVERNMENTAL COOPERATIVE PLANNING AND BOUNDARY AGREEMENT BETWEEN VILLAGE OF LEMONT AND CITY OF LOCKPORT. Cook. co. 974199 as it appears from the files in my office now remaining. I further state that this certification is issued under my hand and seal of the Village of Lemont as provided for in 65 ILCS 5/1 -2 -5 and 5/1 -2 -6. In Witness Whereof, I have hereunto set my hand and caused to be affixed the Corporate Seal of the Village of Lemont, Cook, Will and DuPage Counties, Illinois, Dated at Lemont, Illinois this 9th day of May , 1997 C RLENE S OL EN, Village Clerk Return to: Village Clerk Village of Lemont 418 Main Street Lemont, IL 60439 -3788 a ii I. 1 1