Office of the City Clerk - Record #: O2013-5607

• Record #: O2013-5607
• Type: Ordinance
• Status: Passed
• Intro date: 7/24/2013
• Current Controlling Legislative Body: Committee on Housing and Real Estate
• Final action: 9/11/2013
• Title: Sale of City-owned property at 1724 N Wilmot Ave and 1716 N Hoyne Ave to NeighborSpace for use as public open space and establishment of Bucktown Community Garden
• Sponsors: Emanuel, Rahm
• Topic: PROPERTY - Sale

Date	Journal Page Number	Action By	Action	Result
9/11/2013	59761	City Council	Passed	Pass
9/5/2013		Committee on Housing and Real Estate	Recommended to Pass	Pass
7/24/2013	57300	City Council	Referred

S:\SHARED\Finance\Gaynor New\Housing & Econ Dev\NeighborSpace\1700 N. Wilmot & Hoyne\ord 3.doc

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 Department of Housing and Economic Development ("HED") has .determined that the Fee-Paying Developments built in the West Town Community Area have deepened the alread...