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Board of Trustees Meeting
January 22, 2013
SUBJECT: Village of Oak Brook — Amendment — Annexation Petition Procedures
FROM: Robert L. Kallien, Jr., AlCP, Community Development Director
BUDGET SOURCE/BUDGET IMPACT: N/A
RECOMMENDED MOTION: I move to approve Ordinance G -995, which approves an
amendment to the Village 1pode regarding Annexation Petition Procedures by the Plan
Commission.
Background/History:
At the March 12, 2013 meeting, the Village Attorney was directed to prepare the necessary
ordinance amending the Plan Commission Annexation Petition procedures.
Please note that this ordinance allows the Village Board to waive these annexation provisions if
deemed in the best interest of the community.
Recommendation:
Approve Ordinance G -995.
Last saved by RKallien IXomDev \GP0LANEK\1 -FR0M BOB\Bot - PC - ZBA\BOT -FINAL Action - G -995 -Plan Commission - Annexations.doc
ORDINANCE 2013- BD- PC -TA -G -995
AN ORDINANCE AMENDING SECTION 2 -1 -2 OF THE VILLAGE CODE
REGARDING ANNEXATION PETITIONS
WHEREAS, pursuant to Section 7 -1 -8 of the Illinois Municipal Code, 65 ILCS 5/7 -1 -8, the Village
has the authority by ordinance to annex territory that is contiguous to its municipal boundaries upon re-
ceipt of a written petition signed by (i) the owners of record of all land in the territory to be annexed and
(ii) if electors reside therein, at least 51 % of those electors; and
WHEREAS, pursuant to Article 11, Division 15.1 of the Illinois Municipal Code, 65 ILCS 5/11-
15.1, the Village has authority to enter into annexation agreements with the owner or owners of territory to
be annexed into the Village;
WHEREAS, Chapter 1 of Title 2 of the Village Code of the Village of Oak Brook, Illinois ( "Village
Code ") creates a Village plan commission (the "Plan Commission ") and, inter alia, authorizes the Plan
Commission to prepare and recommend a comprehensive plan that may designate land suitable for an-
nexation to the Village and recommend zoning classifications for such land upon annexation; and
WHEREAS, to ensure uniformity in the annexation process and to better determine whether an-
nexations are in the best interests of the Village and its residents, the Village Board has determined that
Section 2 -1 -2 of the Village Code should be amended to establish procedures for the consideration of
annexation petitions by the Plan Commission before such petitions are considered by the Village Presi-
dent and the Village Board; and
WHEREAS, the Village President and the Village Board has determined that it will serve and be
in the best interests of the Village to amend Section 2 -1 -2 the Village Code pursuant to this Ordinance;
NOW THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF
THE VILLAGE OF OAK BROOK, DU PAGE AND COOK COUNTIES, ILLINOIS as follows:
Section 1: Recitals. The foregoing recitals are hereby incorporated into, and made a part
of, this Ordinance as the findings of the President and Board of Trustees of the Village of Oak Brook.
Section 2: Amendment to Section 2 -1 -2 of the Village Code. Section 2 -1 -2, entitled "Powers
and Duties," of Chapter 1, entitled 'Plan Commission," of Tile 2, entitled 'Boards and Commissions ", of
the Village Code shall be amended as follows:
"2 -1 -2: Powers and Duties
Ordinance 2013- BD -PC-G -995
Plan Commission — Annexation Petitions
Page 2 of 3
Section 4: Severability. If any provision of this Ordinance or part thereof is held invalid by a
court of competent jurisdiction, the remaining provisions of this Ordinance shall remain in full force and
effect, and shall be interpreted, applied, and enforced so as to achieve, as near as may be, the purpose
and intent of this Ordinance to the greatest extent permitted by applicable law.
Section 5: Effective Date. This Ordinance shall be in full force and effect from and after its
passage, approval, and publication in the manner provided by law.
[SIGNATURE PAGE FOLLOWS]
APPROVED THIS 26th day of March, 2013.
PASSED THIS 26th day of March, 2013.
Gopal G. Lalmalani
Village President
ATTEST:
Charlotte K. Pruss
Village Clerk
Ordinance 2013- BD -PC -G -995
Plan Commission — Annexation Petitions
Page 3 of 3