Office of the City Clerk - Record #: O2017-916

• Record #: O2017-916
• Type: Ordinance
• Status: Passed
• Intro date: 2/22/2017
• Current Controlling Legislative Body: Committee on Special Events, Cultural Affairs and Recreation
• Final action: 3/29/2017
• Title: Expenditure of Open Space Impact Fee funds for Kil-Parker Community Garden and 42nd Street Garden projects
• Sponsors: Emanuel, Rahm
• Topic: ENERGY/ENVIRONMENTAL ISSUES - Open Space Impact Fees

Date	Journal Page Number	Action By	Action	Result
4/13/2017		City Council	Signed by Mayor
3/29/2017	44846	City Council	Passed	Pass
3/27/2017		Committee on Special Events, Cultural Affairs and Recreation	Recommended to Pass	Pass
2/22/2017	42568	City Council	Referred

ORDINANCE

WHEREAS, the City of Chicago (the "City"), is a home rule unit of government under Article VII, Section 6(a) of the Constitution of the State of Illinois, and as such may exercise any power and perform any function pertaining to its government and affairs; and

WHEREAS, the City is authorized under its home rule powers to regulate the use and development of land; and

WHEREAS, it is a reasonable condition of development approval to ensure that adequate open space and recreational facilities exist within the City; and

WHEREAS, on April 1, 1998, the City Council of the City (the "City Council") adopted the Open Space Impact Fee Ordinance codified at Chapter 18 of Title 16 (the "Open Space Ordinance") of the Municipal Code of Chicago (the "Code") to address the need for additional public space and recreational facilities for the benefit of the residents of newly created residential developments in the City; and

WHEREAS, the Open Space Ordinance authorizes, among other things, the collection of fees from residential developments that create new dwelling units without contributing a proportionate share of open space and recreational facilities for the benefit of their residents as part of the overall development (the "Fee-Paying Developments"); and

WHEREAS, pursuant to the Open Space Ordinance, the Department of Finance ("DOF") has collected fees derived from the Fee-Paying Developments (the "Open Space Fees") and has deposited those fees in separate funds, each fund corresponding to the Community Area (as defined in the Open Space Ordinance), in which each of the Fee-Paying Developments is located and from which the Open Space Fees were collected; and

WHEREAS, the Open Space Ordinance requires that the Open Space Fees: (i) be used for open space acquisition or capital improvements, or both, which provide a direct and material benefit to the new development from which the fees are collected, and (ii) be expended within the same or a contiguous Community Ar...