HomeMy WebLinkAboutRESOLUTION - 1-62 - 1/8/1962 - REQ GOV OF IL/PRESERVE TERRITORIAL POWERRESOLUTION NO. �roI
A RESOLUTION PETITIONING AND REQUESTING THE GOVERNOR OF THE STATE OF ILLINOIS
TO TARE ALL ACTION NECESSARY TO PRESERVE ALL THE EXTRA -TERRITORIAL POWERS AND
FUNCTIONS OF ILLINOIS MUNICIPALITIES
WHEREAS, at the last regular session of the Illinois General Assembly,
House Bill No. 1668 was enacted to give additional zoning power to municipalites
in Illinois within one and one-half miles of their corporate limits in those
counties without county zoning; and
WHEREAS, through an error in drafting House Bill No. 16681 the word "article"
was used to refer to the zoning division portion of the Illinois hunicipal
Code in the following proviso, which was intended to provide that the extra-
territorial zoning power was not available to municipalities in counties with
county zoning;
"Provided further, however, no municipality shall
exercise any power set forth in this article out-
side the corporate limits thereof, if the county
in which said municipality is situated has adopted
an act entitled: 'An Act in Relation to County
Zoning', approved June 12, 1935, as amended."
WHEREAS, the State's Attorney of Cook County has now interpreted the wording
of House Bill No. 16680 in a manner that we believe to be contrary to the
legislative intent, stating in a letter of opinion to the Recorder of Deeds
of Cook County that the plats of subdivision in the one and one-half mile
area no longer require the approval of the municipality, and concluding that
"municipalities in County of Cook have none of the extra -territorial powers
enumerated in Article 11 of the Illinois Municipal Code," said Article 11
being a major portion of the Illinois Municipal Code, containing 148 divisions
setting forth the corporate powers and functions of Illinois municipalities; and
WHEREAS, the undersigned municipality believes such interpretation to be
erroneous and fears the catastrophic effects of the loss of essential municipal
extra -territorial powers and functions (numbering more than 28 in said Arti_+Ie 11)
in all counties having county zoning, (now at least 9 in number); and
WHEREAS, it is in the public interest that such essential municipal powers
and functions be preserved without the substantial expense of public funds
necessary if these rights must be preserved through litigation;
NOW, THEREFORE, BE IT RESOLVED that the President and Board of Trustees of
the Village of Elk Grove Village hereby urgently petition and request the
Governor of the State of Illinois to take all action necessary to preserve all
the extra -territorial powers and functions of Illinois municipalities, including
but not limited to the immediate request of a legal opinion from the Attorney
General of Illinois and the enactment of remedial legislation at a special session
of the Illinois General Assembly.
PASSED
this 8th
day
of January
, 1962.
APFROVED
this 9th
day
of Tanuary
, 1962.
s/ James R. Gibson
President
Attest:
s/ Eleanor G. Turner
Village Clerk
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