OFFICE OF THE MAYOR
CITY OF CHICAGO
RAHM EMANUEL
MAYOR
April 30, 2014
TO THE HONORABLE, THE CITY COUNCIL OF THE CITY OF CHICAGO
Ladies and Gentlemen:
At the request of the Commissioner of Transportation, I transmit herewith ordinances authorizing acquisition of properties in the 200 block of West Cermak and an associated intergovernmental agreement with IDOT.
Your favorable consideration of these ordinances will be appreciated.
Mayor
Very truly yours,
ORDINANCE
WHEREAS, the City of Chicago (the "City") is a home rule unit of government under Section 6(a), Article VII, of the Constitution of the State of Illinois; and may exercise any power and perform any function pertaining to its local government and affairs; and
WHEREAS, pursuant to Chapter 2-102-030 of the Municipal Code of the City, the Commissioner ("Commissioner") ofthe Department of Transportation ofthe City ("CDOT"), has the power and duty to control the acquisition of rights-of-way for and the improvement, construction, maintenance, and repair of the public ways, and to supervise and control such projects; and
WHEREAS pursuant to Section 4-508 of the Illinois Highway Code (605 ILCS 5/4-508(d)), the State of Illinois, through the Illinois Department of Transportation (the "State"), is authorized to enter into written agreements with another highway authority for the disposition of excess land for no compensation, where the accepting highway authority accepts jurisdiction of the excess land; and
WHEREAS, pursuant to Section 2-101 ofthe Illinois Highway Code (605 ILCS 5/2-201), the State has authority to make changes in the State Highway System; and
WHEREAS, pursuant to Section 7-101 ofthe Illinois Highway Code (605 ILCS 5/7-101), municipalities are authorized to add streets or portions thereof to their municipal street system; and
WHEREAS, in 1968, the State acquired certain property contemplating construction of a new road, including parcels lying adjacent and east of the existing Wentworth Avenue right-of-way, between the rights-of-way of W. 16th Street on the north, W. Cermak Rd. on the south, S. Wentworth Avenue on the east and S. La Salle St. on the west, which parcels are depicted in Exhibit A attached hereto (collectively, the "Parcels"); and
WHEREAS, the State has jurisdictional authority over the Parcels for highway purposes;
and
WHEREAS, the State does not use the Parcels; and
WHEREAS, the City desires to accept jurisdiction over the Parcels and utilize the Parcels for City home-rule unit of government purposes, including but not limited to, construction of a new north-south collector street under its Wells Wentworth Connector Improvement Project (the "Project") to improve safety and efficiency of local street traffic flow; to improve pedestrian and pedacycle access; and
WHEREAS, it is necessary, desirable and in the best interests of the City and the State that the jurisdiction of the Parcels be transferred from the State to the City, as well as the underlying land ownership of said Parcels for no compensation; now therefore,
Be it Ordained by the City Council of the City of Chicago:
SECTION 1. The above recitals are expressly incorporated in and made a part of this Ordinance as though fully set forth herein are adopted as the findings of the City Council.
SECTION 2. The Commissioner of the City's Department of Transportation (the "Commissioner") or a designee of the Commissioner are each authorized to execute, subject to the approval of the Corporation Counsel as to form and legality, one or more agreements with the State for the jurisdictional transfer of the Parcels from the State to the City and adding the Parcels to the municipal street system and the underlying City land ownership.
SECTION 3. The City Clerk is hereby directed to transmit two (2) certified copies of this ordinance to the Bureau of Land Acquisition, Department of Transportation of the State through the District Engineer of District 1.
SECTION 4. All ordinances, resolutions, motions or orders in conflict with this Ordinance are hereby repealed to the extent of such conflict
SECTION 5. This Ordinance shall take effect upon its passage and approval.
EXHIBIT A
PARCELS SUBJECT TO THE JURISDICTIONAL TRANSFER FROM THE ILLINOIS DEPARTMENT OF TRANSPORTATION TO THE CITY OF CHICAGO, DEPARTMENT OF TRANSPORTATION
3