G-995 - 01/22/2013 - BOARD - OrdinancesORDINANCE 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
receipt 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
annexation 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
annexations 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
President 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
C. To review all annexation petitions submitted to the Village pursuant to Section 7 -1 -8
of the Municipal Code, 65 ILCS 5/7 -1 -8 (7-1 -8 Annexation "), in accordance with the
following standards and procedures:
1. The owner or owners of territory that is not within the corporate limits of the
Village but that is contiguous to the corporate limits of the Village may submit
a written petition for annexation of such territory into the Village. The
annexation petition must comply with the requirements of 65 ILCS 5/7 -1 -8.
Any 7 -1 -8 Annexation petition submitted to the Village shall be referred to the
Plan Commission for review prior to consideration by the Board of Trustees.
Ordinance 2013- BD -PC -G -995
Plan Commission — Annexation Petitions
Page 2 of 3
2. The Plan Commission shall consider the petition and make a
recommendation to the Village President and Board of Trustees as to
whether the territory identified in the petition should be annexed into the
Village.
3. No 7 -1 -8 Annexation shall be approved except in conjunction with the Village
Board's approval of an annexation agreement. Any such annexation
agreement shall be considered by the Village Board pursuant to the
procedures and voting requirements set forth 65 ILCS 5111 -15.1.
4. If the Village Board votes to deny a 7 -1 -8 Annexation, the Village Board shall
not consider a substantially similar 7 -1 -8 Annexation petition for the
annexation of the same territory for a period of two years following the denial.
5. Notwithstanding anything to the contrary in this Subsection 2 -1 -2C, the
Village Board of Trustees, by a simple majority vote, may waive any or all of
the requirements in Paragraphs 1, 2, 3, and 4 of this Subsection for any 7 -1-
8 Annexation that seeks annexation of vacant property or property that is
used solely for commercial purposes.
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.
Gopal malani
Village President
PASSED THIS 26th day of March, 2013.
Ayes: Trustees Aktipis. Mov, Wolin, Yusuf, Zannis
Nays: Trustee Manzo
Absent: None
Ordinance 2013- BD -PC -G -995
Plan Commission — Annexation Petitions
Page 3 of 3
ATTEST L ��u.�20
Charlotte K. Pruss
Village Clerk