Resolution 2006-102 i
STATE OF ILLINOIS )
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COUNTY OF KENDALL)
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RESOLUTION NO. 2006- l b'a.
RESOLUTION
REGARDING PETITIONS SUBMITTED
REQUESTING A REFERENDUM ON ANNEXATIONS
WHEREAS, on October 12, 2006, the United City of Yorkville received the
submission of petitions stating in the title of each the following:
PETITION TO REQUIRE
THE UNITED CITY OF YORKVILLE
REQUESTING THAT THE QUESTION OF
THE ANNEXATION OF THE TERRITORY OF
(THE NAME OF THE FOUR ANNEXATIONS, SEE BELOW* *)
AS DESCRIBED IN THE ANNEXATION PETITION
l FILED BY THEM WITH
THE UNITED CITY OF YORKVILLE
BE SUBMITTED TO THE ELECTORS OF
THE UNITED CITY OF YORKVILLE
PURSUANT TO 65 ILCS 5/7 -1 -6
* *The four annexations named in the separate petitions were, (1) Neil Borneman,
Beverly Borneman, Craig Borneman (Petition #PC 2006 -44), (2) North Star Trust
Company U/T Dated August 8, 2006 (Petition #PC 2006 -71), (3) Eric and Diane Schanze
(Petition #PC 2006 -45), and (4) ) North Star Trust Company U/T Dated August 8, 2006
(Petition #PC 2006 -67).
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WHEREAS, the four annexation listed above were conducted under
65 ILCS 5/7 -1 -8, and
WHEREAS, the City Council has been advised by the City Attorney that Section
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7 -1 -6 referenced in the petitions, and relied upon by the petitioner does not apply to
Section 7 -1 -8 Annexations. Furthermore, that there is no statutory procedure in Section 7-
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1 -8 or elsewhere in the Municipal Code by which a Section 7 -1 -8 Annexation must be
forcibly subjected to a referendum by a petition process as requested in the petitions. And
finally, that there is no authority under law providing that the City must submit "the
question of the annexation of the territory" to the electors as requested in said petitions.
NOW THEREFORE, upon Motion duly made, seconded and approved by the
majority of those members of the City Council voting, the United City of Yorkville shall
not submit the question of the annexations, described in the petitions referenced in the
preambles above, to the electors of the United City of Yorkville. The petitions are
deemed a nullity.
JAMES BOCK JOSEPH BESCO —'
VALERIE BURD �� C � PAUL JAMES —
DEAN WOLFER L a MARTY MUNNS v.
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ROSE SPEARS h JASON LESLIE
Approved by me, as Mayor of the United City of Yorkville, Kendall County,
Illinois, this \A Day of X'\n- � . A.D. 2006.
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- .. MAYO
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Passed by the City Council of the United City of Yorkville, Kendall County,
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Illinois this \A day of� . A.D. 2006.
ATTEST: C.
CITY CLERK
Prepared by:
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John Justin Wyeth
City Attorney
United City of Yorkville
800 Game Farm Road
Yorkville, IL 60560
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