Farmers Weekly Review

By Nick Reiher

The Manhattan Village Board will meet at a new time next week to address an old issue.
The board will consider a resolution authorizing the Village Of Manhattan to join a lawsuit — Case No. 2020 CH 739 — against NorthPoint Development LLC and other defendants, including the City of Joliet.
The meeting will be held at 6 p.m. Monday, Nov. 4, at Village Hall, 260 Market Place, Manhattan.
Mayor Michael Adrieansen said they moved the meeting, originally scheduled for November 5, due to the election that day.
He had little to say about the resolution until the board considers it Monday.
The resolution, as included in the posted meeting agenda, reads:

A RESOLUTION AUTHORIZING THE VILLAGE OF MANHATTAN TO JOIN A LEGAL ACTION AGAINST THE NORTHPOINT DEVELOPMENT, LLC AND OTHER NAMED DEFENDANTS IN CASE NO 2020 CH 739

WHEREAS, the Corporate Authorities of the Village of Manhattan, Will County, Illinois, have the authority to adopt resolutions and to promulgate rules and regulations that pertain to its government and affairs and protect the public health, safety, and welfare of its citizens; and

WHEREAS, pursuant to Section 2-3-8 of the Illinois Municipal Code (65 ILCS 5/2-3-8), the corporate authorities of the Village are authorized to use the Village of Manhattan “sue and be sued” for any legitimate governmental purpose which it deems is in the best interests of the Village; and

WHEREAS, the Corporate Authorities of the Village have determined that the proposed Northpoint development(s) are expected to have negative impacts on the Village within its boundaries and its residents in various ways, including environmental degradation as well as on health, safety and quality of life issues; and

WHEREAS, the Corporate Authorities of the Village seek to authorized the Village to join a lawsuit against the City of Joliet, East Gate Logistics Park, and Northpoint Development, LLC (Will County Case Number 2020 CH 739) for the purpose of protecting the best interests of the Village and its citizens; and
WHEREAS, the Corporate Authorities of the Village have determined that it is in the best interests of the Village and its citizens to initiate and join the lawsuit against the City of Joliet, East Gate Logistics Park, and Northpoint Development, LLC (Will County Case Number 2020 CH 739).

NOW, THEREFORE, BE IT RESOLVED BY THE CORPORATE AUTHORITIES OF THE VILLAGE OF MANHATTAN, WILL COUNTY, ILLINOIS IN OPEN MEETING ASSEMBLED PURSUANT TO THE VILLAGE’S HOME RULE AND STATUTORY POWERS AS FOLLOWS:

Section One — Recitals

The Corporate Authorities hereby find that all of the recitals contained in the preamble to this Resolution are true, correct, and complete and are hereby incorporated by reference hereto and made a part hereof.

Section Two — Authorizing the Village to Join the Pending Legal Action.

The Corporate Authorities of the Village hereby find and determine that it is in the best interests of the Village and its citizens to join the lawsuit identified as Will County Case Number 2020 CH 739 and to utilize the Law firm of Richard Linden, a current attorney of record in the Case, to prosecute the Lawsuit.

Section Three — Other Actions Authorized

The Mayor and/or Village Administrator are hereby authorized and directed to undertake any and all actions, including the execution and delivery of any and all documents, necessary and expedient to effectuate the intent of this Resolution.

Section Four — Effective Date.

This Resolution shall be in full force and effect from and after its passage and approval, as provided by law.

Section Five — Conflict Clause.

All ordinances, resolutions, motions, or parts thereof, conflicting with any of the provisions of this Resolution, are hereby repealed, but only to the extent necessary to avoid the conflict.

Section Six — Saving Clause.

In the event that any provision or provisions, portion or portions, or clause or clauses of this Resolution shall be declared to be invalid or unenforceable by a Court of competent jurisdiction, such adjudication shall in no way affect or impair the validity or enforceability of any of the remaining provisions, portions, or clauses of this Resolution that may be given effect without such invalid or unenforceable provision or provisions, portion or portions, or clause or clauses.

Section Seven — Recording.

This Resolution shall be entered into the minutes and upon the journals of the Board of Trustees of the Village of Manhattan.

Nick Reiher is editor of Farmers Weekly Review.

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