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R-1221 - 01/08/2013 - ELECTION - Resolutions Supporting Documentsn1- AGENDA ITEM Regular Board of Trustees Meeting of January 8, 2013 ITEM 10.11. 1) SUBJECT: The Option of Placing Referendum Question on Ballot Regarding the Disposing of Sports Core Property to School District 53 FROM: David Niemeyer, Village Manager BUDGET SOURCEIBUDGET IMPACT: RECOMMENDED MOTION: To approve Resolution 2013 -EL- REF -SC- PRPTY -R -1221 A Resolution Initiating the Submission of A Public Question Regarding the Disposition of Sports Core Property. Background/History: Attached is a power point presentation on disposing the sports core property to School District 53 as well as a resolution initiating the submission of a resolution that would place the question of disposing up to 8.5 acres of the Sports Core property to the School District. This must be approved and filed by January 22, 2013 in order to get on the April 9, 2013 ballot. Recommendation: That the Village Board approves Resolution R -1221 initiating the submission of a public question regarding the disposition of sports core property. Last saved by DEFAULT 1:\Agenda ItemMG -sports core school dist referendum 1- 8- 13.doc Last printed 1/4/2013 3:44 PM RESOLUTION 2013 -EL- REF -SC- PRPTY -R -1221 A RESOLUTION INITIATING THE SUBMISSION OF A PUBLIC QUESTION REGARDING THE DISPOSITION OF SPORTS CORE PROPERTY WHEREAS, the Village of Oak Brook (the "Village ") currently owns a parcel of land consisting of approximately 260 acres commonly known as the Sports Core (the "Property'); and WHEREAS, the Village took title to the Property by a Deed dated November 1, 1977 (the "Deed'); and WHEREAS, the Deed contains certain restrictions regarding the use and disposition of the Property; and WHEREAS, the Deed provides that the Village "may at any time and from time to time dispose of in any legitimate manner all or any part of the real estate and improvements herein conveyed to the Village for use for any legitimate purpose, provided that any such disposition has first been authorized by a majority of the electors of the Village voting at an election specifically called for that purpose in accord with then applicable state and local laws "; and WHEREAS, from time -to -time the Village has lawfully disposed of portions of the Property for various uses, including the development of residences and a transfer to the County for a right -of -way; and WHEREAS, School District 53 ( "District 53") seeks to purchase a portion of the Property to construct a new school building to serve its students from kindergarten through eighth grades, and WHEREAS, pursuant to the Election Code, 10 ILCS 5/1, et seq., the Village may submit a policy question to the public via referendum; and WHEREAS, the President and Board of Trustees have determined that it is in the best interests of the Village to submit to the public the question of whether or not a portion of the Property should be sold to District 53 for the construction of a new school building; NOW THEREFORE, BE IT RESOLVED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF OAK BROOK, DUPAGE AND COOK COUNTIES, ILLINOIS as follows: Section 1: Recitals. The foregoing recitals are hereby incorporated into, and made a part of, this Resolution as the findings of the President and Board of Trustees of the Village of Oak Brook. Section 2: Public Question on Disposition of Sports Core Property. A public question shall be submitted to the voters of the Village of Oak Brook, Counties of DuPage and Cook, State of Illinois, at the April 9, 2013 Consolidated Election (or at the next available election permitted by the general election law) as follows: Shall the Village of Oak Brook sell, or otherwise dispose of, a portion, not to exceed YES NO 8.5 acres, of the Oak Brook Sports Core property, in the general area bounded by Bath _ and Tennis Drive to the west and north, Oak Brook Road to the south, and Grant Street to the east, to School District 53, for the purpose of constructing and operating a school building and related facilities? Section 3: Publication: Filing. The Village Clerk is hereby authorized and directed to file this authorizing resolution and other related materials with the appropriate election officials and take all other actions necessary to effect the submission of this question to the public in accordance with applicable law. Resolution 2013 -EL- REF- SC- PRPTV -R -1221 Initiating the Submission of a Public Question Regarding Disposition of Sports Core Property Page 2 of 2 Section 4: Effective Date: This Resolution shall be in full force and effect from and after its passage, approval, and publication in the manner provided by law. Ayes: APPROVED THIS 8th day of January, 2013. Gopal G. Lalmalani Village President PASSED THIS 8th day of January, 2013. ATTEST: Charlotte K. 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