1962-01-18 - Resolution 1962-02 - An Act in Relation to County Zoning NO. R-62 2
RESOLUTION
WHEREAS, at the last regular session of the Illinois General Assembly,
House Bill No. 1668 was enacted to give additional zoning power to municipalities
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. 1668, the word "article"
was used to refer to the zoning division portion of the Illinois Municipal 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. 1668, in a manner that we believe to be contrary to the legis-
lative 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-teritorial 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 Article 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 BUFFALO GROVE 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 18th day of January, 1962
- APPROVED this 18th day of January, 1962
iUa a President
Village Clerk