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HomeMy WebLinkAboutORDINANCE - 3585 - 1/8/2019 - Repealing ORD 3566 Annexation of property to VillageORDINANCE NO.3585 AN ORDINANCE REPEALING ORDINANCE NO. 3566 ENTITLED "AN ORDINANCE ANNEXING CERTAIN PROPERTY TO THE VILLAGE OF ELK GROVE VILLAGE AND REZONING SAME IN ACCORDANCE WITH THE VILLAGE'S COMPREHENSIVE PLAN AND ZONING MAP" WHEREAS, on August 14, 2018, the Village adopted Ordinance No. 3566, entitled An Ordinance Annexing Certain Property to the Village of Elk Grove Village and Rezoning Same in Accordance with the Village's Comprehensive Plan and Zoning Map, which Ordinance was passed and approved in an effort to annex the property legally described therein to the Village of Elk Grove Village; and WHEREAS, subsequent to the passage of Ordinance No. 3566, the Village discovered that at the time of the passage of said Ordinance, the property subject to the annexation was not "wholly bounded" as required by the Illinois Municipal Code, 65 ILCS 5/7-1-1 et seq.; and WHEREAS, the corporate authorities of the Village find it necessary and desirable to repeal Ordinance No. 3566; and WHEREAS, the Village, as a home rule municipality, possesses broad authority to "exercise any power and perform any function pertaining to its government and affairs" in accordance with Article VII, § 6 of the Illinois Constitution of 1970; and WHEREAS, the Mayor and Board of Trustees find it necessary to declare that the attempted annexation of that certain property subject to and legally described in Ordinance No. 3566 is ineffective and a nullity. NOW, THEREFORE BE IT ORDAINED by the Mayor and Board of Trustees of the Village of Elk Grove Village, Counties of Cook and DuPage, Illinois as follows: Section 1: The facts and statements contained in the preambles to this Ordinance are found to be true and correct and are hereby adopted as part of this Ordinance. Section 2: That attempted annexation of the property subject to and legally described in Ordinance No. 3566, entitled An Ordinance Annexing Certain Property to the Village of Elk Grove Village and Rezoning Same in Accordance with the Village's Comprehensive Plan and Zoning Map, is hereby declared ineffective and a nullity. 1 814961-2 Section 3: That Ordinance No. 3566, entitled An Ordinance Annexing Certain Property to the Village of Elk Grove Village and Rezoning Same in Accordance with the Village's Comprehensive Plan and Zoning Map, is hereby repealed. Section 4: That this Ordinance shall be in full force and effect from and after its passage, approval and publication in pamphlet form according to law. VOTE: AYES: Trustees Petri, Prochno, Czarnik, Feichter, Franke, Lissner NAYS: 0 ABSTAIN: 0 ABSENT: 0 PASSED this 811 day of January, 2019. APPROVED this 81h day of January, 2019. APPROVED: Mayor Craig B. Johnson Village of Elk Grove Village ATTEST: Loretta M. Murphy, Village Clerk PUBLISHED this 11th day of January 2019 in pamphlet form. 2 814961-2