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R-1046 - 05/12/2009 - POLICE DEPT. - ResolutionsRESOLUTION 2009- PD -OF -R -1046 A RESOLUTION AUTHORIZING CONSTRUCTION ACTIVITIES FROM 6:00 P.M. TO 7:00 A.M. ALONG YORK ROAD IN OAK BROOK, ILLLINOIS WHEREAS, Section 6 -1 -2 of the Village Code of the Village of Oak Brook provides that "heavy equipment" may not be used in residential areas before the hour of 7:00 a.m. and after the hour of 6:00 p.m. Monday through Friday and not before 8:00 a.m. and after 6:00 p.m. on Saturdays and Sundays; and in commercial areas not before the hour of 6:00 a.m. and after 6:00 p.m. Monday through Friday and before 6:00 a.m. and after 6:00 p.m. on Saturdays and Sundays; and WHEREAS, "heavy equipment" includes use of construction equipment such as bulldozers, earthmovers, tree stump grinders, and other similar equipment enumerated in Section 6 -1 -2; and WHEREAS, Section 6- 1 -2(C) provides that the Board of Trustees, by resolution, may waive limitations provided in Section 6 -1 -2 for work undertaken by any public body or agency for the benefit of the public; and WHEREAS, this Board finds that use of "heavy equipment" by contractors working on the 2009 Micro - Surfacing Project along York Road between 6:00 p.m. and 7:00 a.m. any day of the week for a period of approximately one week is in the public interest and will benefit the public. NOW, THEREFORE, BE IT RESOLVED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF OAK BROOK, DU PAGE AND COOK COUNTIES, ILLINOIS as follows: Section 1: That the provisions of the preamble hereinabove set forth are hereby adopted as though fully set forth herein. Section 2: That use of "heavy equipment" as defined in Section 6 -1 -2 of the Village Code of the Village of Oak Brook may be used between the hours of 6:00 p.m. and 7:00 a.m. any day of the week for the 2009 Micro - Surfacing Project, along York Road, which project is expected to be completed in about one week. Section 3: This resolution shall be in full force and effect from and after its passage and approval as provided by law. APPROVED THIS 12th day of May, 200p PASSED THIS 12th day of May, 2009. Ayes: Trustees Aktipis, Carson, Moy, Wolin and Zannis Nays None Absent: Trustee Saiyed or �`� ';'c•�. �,� ��. }^s::1� ors'' 0 •, ::i - .i,I,1 icy,: �9 �'i''Q YI a r •� �s ATTEST: Charlotte K. Pruss Village Clerk Resolution 2009- PD -OF -R -1046 Night Construction Activity, Page 2 of 2