HomeMy WebLinkAboutORDINANCE - 3583 - 1/8/2019 - Metropolitan Water Reclamation District Annexation MWRDORDINANCE NO.3583
AN ORDINANCE DECLARING INEFFECTIVE THE VILLAGE OF ELK GROVE
VILLAGE'S PRIOR ANNEXATION OF CERTAIN PROPERTY PURSUANT TO
ORDINANCE NO. 3560 (METROPOLITAN WATER RECLAMATION DISTRICT OF
GREATER CHICAGO PROPERTY)
WHEREAS, a valid petition, signed on behalf of the Metropolitan Water Reclamation
District of Greater Chicago (the "MWRD") as legal owner of record of all land within the territory
herein described (the "Subject Property"), was filed with the Village of Elk Grove Village, Illinois
(the "Village"), requesting annexation of the Subject Property to the Village pursuant to a mutually
agreed annexation agreement; and
WHEREAS, on June 28, 2018, the Village adopted Ordinance No. 3559, entitled An
Ordinance Approving an Intergovernmental Annexation Agreement Between the Metropolitan
Water Reclamation District of Greater Chicago and the Village of Elk Grove Village, which
Ordinance duly authorized a valid and binding pre -annexation agreement ("Annexation
Agreement") between the Village and the MWRD; and
WHEREAS, on June 28, 2018, the Village also adopted Ordinance No. 3560, entitled An
Ordinance Annexing and Rezoning Certain Territory to the Village of Elk Grove Village
(Metropolitan Water Reclamation District of Greater Chicago), in an effort to annex the Subject
Property in accordance with the provisions of the Annexation Agreement; and
WHEREAS, subsequent to the passage of Ordinance No. 3560, the Village discovered
that proper notice of the annexation was not perfected as required by the Illinois Municipal Code,
65 ILCS 5/7-1-1 et seq, and, more specifically, written notice was not served upon the trustees of
the Elk Grove Rural Fire Protection District and an affidavit of such service was not filed with the
Cook County Recorder; and
WHEREAS, the Village's failure to provide proper notice as set forth in Section 7-1-1 of
the Illinois Municipal Code (65 ILCS 5/7-1-1) rendered the attempted annexation of the Subject
Property ineffective; 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
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WHEREAS, the Mayor and Board of Trustees find it necessary to declare that the
attempted annexation of the Subject Property pursuant to the passage of Ordinance No. 3560 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 Subject Property pursuant to Ordinance
No. 3560, entitled An Ordinance Annexing and Rezoning Certain Territory to the Village of Elk
Grove Village (Metropolitan Water Reclamation District of Greater Chicago), passed and
approved on June 28, 2018, is hereby declared ineffective and a nullity.
Section 3: 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 Franke, Lissner, Petri, Prochno, Czarnik, Feichter
NAYS: 0
ABSTAIN: 0
ABSENT: 0
PASSED this 8th day of January, 2019.
APPROVED this 8th day of January, 2019.
APPROVED:
Mayor Craig B. Johnson
Village of Elk Grove Village
ATTEST:
Loretta M. Murphy, Village Clerk
PUBLISHED this I Ith day of January 2019 in pamphlet form.
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