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S-1323 - 10/11/2011 - VACATION - Ordinances Supporting Documentsoil "N 11 AGENDA ITEM Regular Board of Trustees Meeting of October 11, 2011 SUBJECT: Ordinance Reauthorizing and Ratifying Vacation of Thurston Cemetery FROM: David Niemeyer, Village Manager BUDGET SOURCE/BUDGET IMPACT: N/A RECOMMENDED MOTION: That the Village Board Approve Ordinance 2011 -VAC- CEM -S -1323 an Ordinance Re- Authorizing and Ratifying the Vacation of the Thurston Cemetery. Background/History: Attached is the ordinance reauthorizing and ratifying the vacation of the Thurston Cemetery and authorizing the Salazars to remove the gravesites. This ordinance is required to be passed as part of the settlement agreement approved by the Village Board at the last Board meeting. Recommendation:, That the Village Board approve Ordinance S -1323 reauthorizing and ratifying the vacation of the Thurston Cemetary. Last saved by DEFAULT J:4lgenda Items\AG -0rd vacating cemetery.doc Last printed 10/72011 1:30 PM ORDINANCE 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 -EX1 -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'" day of October, 2011 Gopal G. Lalmalani Village President PASSED THIS 11th day of October, 2011 Ayes: ATTEST: Charlotte K. Pruss Village Clerk