S-1323 - 10/11/2011 - VACATION - OrdinancesORDINANCE 2011 - VAC -CEM -S -1323
AN ORDINANCE RE- AUTHORIZING AND RATIFYING
THE VACATION OF THE THURSTON CEMETERY
WHEREAS, on September 13, 2011, the Village of Oak Brook ( "Village ") adopted Resolution
2011 -AG- LIT -EXI -R -1125, approving and authorizing the execution of a Mutual Release and Settlement
Agreement by and between the Village and Mario and Nancy Salazar ( "Settlement Agreement'); and
WHEREAS, Mario A. Salazar, Nancy L. Salazar, and Nancy L. Salazar as Trustee of the Nancy
L. Salazar Trust dated September 7, 1991 (collectively, "Salazars "), of 15 Kimberly Circle, Oak Brook,
Illinois ( "Property ") have assented to the Village ratifying and re- authorizing the vacation of the Thurston
Cemetery, pursuant to the Settlement Agreement; and
WHEREAS, the Settlement Agreement requires the Village to pass an ordinance vacating the
Thurston Cemetery and authorizing the Salazar's to remove the remaining gravesites on the Property
pursuant to the terms of the Settlement Agreement; and
WHEREAS, the Village previously passed Ordinances S-46 and S -47 on September 5, 1962
vacating the Thurston Cemetery and authorizing the removal of the gravesites; and
WHEREAS, President and Board of Trustees have determined that re- authorizing and ratifying
the vacation of the Thurston cemetery and granting authority to the Salazars to remove any remaining
gravesites from the Property pursuant to the terms of the Settlement Agreement is in the best interest of
the Village;
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: 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: Vacation of the Thurston Cemetery. The President and Board of Trustees
hereby re- approves and ratifies the vacation of the Thurston Cemetery pursuant to Section 11 -51 -1 of the
Illinois Municipal Code, 65 ILCS 5/11 -51 -1.
Section 3: Removal of Gravesites. The Village President and Village Clerk hereby
authorize the Salazars, through their agents, to remove any gravesites that remain on the Property
pursuant to and consistent with the terms of the Settlement Agreement and in accordance with the all
applicable laws.
Section 4: Effective Date. This Ordinance shall be in full force and effect upon passage and
approval in the manner provided by law.
[SIGNATURE PAGE FOLLOWS]
Ordinance 2011 -
An ordinance RE- AFFIRMING AND RE- AUTHORIZING
THE VACATION OF THE THURSTON CEMETERY
Page 2 of 2
APPROVED THIS 11'h day of October, 2011
Gopal G. Lalmalani
Village President
PASSED THIS 11th day of October, 2011
Ayes: Trustees Manzo, Moy, Wolin, Yusuf and Zannis
None
Absent: Trustee Aktiyis
ATTEST
Charlotte K. Pruss
Village Clerk