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G-995 - 01/22/2013 - BOARD - Ordinances Supporting DocumentsITEM IO.C.i> OF OAk 4P r0" COUN AGENDA ITEM 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