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RESOLUTION NO. �roI <br />A RESOLUTION PETITIONING AND REQUESTING THE GOVERNOR OF THE STATE OF ILLINOIS <br />TO TARE ALL ACTION NECESSARY TO PRESERVE ALL THE EXTRA -TERRITORIAL POWERS AND <br />FUNCTIONS OF ILLINOIS MUNICIPALITIES <br />WHEREAS, at the last regular session of the Illinois General Assembly, <br />House Bill No. 1668 was enacted to give additional zoning power to municipalites <br />in Illinois within one and one-half miles of their corporate limits in those <br />counties without county zoning; and <br />WHEREAS, through an error in drafting House Bill No. 16681 the word "article" <br />was used to refer to the zoning division portion of the Illinois hunicipal <br />Code in the following proviso, which was intended to provide that the extra- <br />territorial zoning power was not available to municipalities in counties with <br />county zoning; <br />"Provided further, however, no municipality shall <br />exercise any power set forth in this article out- <br />side the corporate limits thereof, if the county <br />in which said municipality is situated has adopted <br />an act entitled: 'An Act in Relation to County <br />Zoning', approved June 12, 1935, as amended." <br />WHEREAS, the State's Attorney of Cook County has now interpreted the wording <br />of House Bill No. 16680 in a manner that we believe to be contrary to the <br />legislative intent, stating in a letter of opinion to the Recorder of Deeds <br />of Cook County that the plats of subdivision in the one and one-half mile <br />area no longer require the approval of the municipality, and concluding that <br />"municipalities in County of Cook have none of the extra -territorial powers <br />enumerated in Article 11 of the Illinois Municipal Code," said Article 11 <br />being a major portion of the Illinois Municipal Code, containing 148 divisions <br />setting forth the corporate powers and functions of Illinois municipalities; and <br />WHEREAS, the undersigned municipality believes such interpretation to be <br />erroneous and fears the catastrophic effects of the loss of essential municipal <br />extra -territorial powers and functions (numbering more than 28 in said Arti_+Ie 11) <br />in all counties having county zoning, (now at least 9 in number); and <br />WHEREAS, it is in the public interest that such essential municipal powers <br />and functions be preserved without the substantial expense of public funds <br />necessary if these rights must be preserved through litigation; <br />NOW, THEREFORE, BE IT RESOLVED that the President and Board of Trustees of <br />the Village of Elk Grove Village hereby urgently petition and request the <br />Governor of the State of Illinois to take all action necessary to preserve all <br />the extra -territorial powers and functions of Illinois municipalities, including <br />but not limited to the immediate request of a legal opinion from the Attorney <br />General of Illinois and the enactment of remedial legislation at a special session <br />of the Illinois General Assembly. <br />PASSED <br />this 8th <br />day <br />of January <br />, 1962. <br />APFROVED <br />this 9th <br />day <br />of Tanuary <br />, 1962. <br />s/ James R. Gibson <br />President <br />Attest: <br />s/ Eleanor G. Turner <br />Village Clerk <br />