Record #: O2018-3197   
Type: Ordinance Status: Passed
Intro date: 4/18/2018 Current Controlling Legislative Body: Committee on Housing and Real Estate
Final action: 5/25/2018
Title: Intergovernmental agreement with Chicago Park District for conveyance of City-owned property at 10440-10444 S Corliss Ave for use as public park
Sponsors: Emanuel, Rahm
Topic: AGREEMENTS - Intergovernmental
Attachments: 1. O2018-3197.pdf, 2. O2018-3197 (V1).pdf

ORDINANCE

 

WHEREAS, the City of Chicago (the "City") is a municipal corporation and home rule unit of government under Article VII, Section 6(a) of the 1970 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 Chicago Park District (the "Park District") is an Illinois municipal corporation and a unit of local government under Article VII, Section 1 of the 1970 Constitution of the State of Illinois, and as such is authorized to exercise control over and supervise the operation of all parks within the corporate limits of the City; and

 

WHEREAS, the Park District wishes to develop and operate a park (the "Project") at the property commonly known as 10440-44 S. Corliss Avenue, Chicago, Illinois, and legally described in Exhibit A attached hereto and incorporated herein (the "Property"); and

 

WHEREAS, the City wishes to assist the Park District with the Project by conveying the Property to the Park District; and

 

WHEREAS, the City is authorized to convey title to or other interests in City-owned real estate to other municipalities in accordance with the provisions of the Local Government Property Transfer Act, 50 ILCS 605/0.01 et seq.; and

 

WHEREAS, the Property lies wholly within the boundaries of the North Pullman Redevelopment Project Area (as defined below); and

 

WHEREAS, the City has established the Community Development Commission ("CDC") to, among other things, designate redevelopment areas, approve redevelopment plans, and recommend the sale of parcels located in redevelopment areas, subject to the approval ofthe City Council ofthe City of Chicago (the "City Council"); and

 

WHEREAS, by Resolution No. 18-CDC-5, adopted on March 13, 2018, the CDC recommended the sale of the Property to the Park District; and

 

WHEREAS, by Resolution No. 18-030-21, adopted by the Chicago Plan Commission ("CPC") on April 19, 2018, the CPC recommended the sale of the Property to the Park District; and

 

WHEREAS, public notices advertising the City's intent to convey the Property to the Park District appeared in the Chicago Sun-Times on March 21, April 6 and April 18, 2018; and

 

WHEREAS, no alternative proposals were received by the deadline indicated in the aforesaid notices; and

 

WHEREAS, by ordinance adopted on February 14, 2018, the Board of Commissioners of the Park District authorized the acceptance of the Property from the City; and

 

 

WHEREAS, pursuant to an ordinances adopted by the City Council on June 30,2009: (i) a certain redevelopment plan (the "North Pullman Redevelopment Plan") for the North Pullman Tax Increment Redevelopment Project Area (the "North Pullman Redevelopment Project Area") was approved pursuant to the Illinois Tax Increment Allocation Redevelopment Act, as amended (65 ILCS 5/11-74.4-1, et seq.) (the "Act"); (ii) the North Pullman Redevelopment Project Area was designated as a redevelopment project area pursuant to the Act; and (iii) tax increment allocation financing was adopted pursuant to the Act as a means of financing certain redevelopment project costs (as defined in the Act) incurred pursuant to the North Pullman Redevelopment Plan; and

 

WHEREAS, pursuant to an ordinance adopted by the City Council on September 11,2013, the North Pullman Redevelopment Plan was amended to revise the map ofthe Land Use Plan; and

 

WHEREAS, the City Council finds that the proposed conveyance of the Property is consistent with the North Pullman Redevelopment Plan, as amended, and is in the best interests ofthe City; 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.

 

SECTION 2. Subject to the terms and conditions of the Agreement, the City is hereby authorized to convey the Property to the Park District for the sum of One Dollar ($1.00). The Mayor or his proxy is authorized to execute, and the City Clerk or Deputy City Clerk is authorized to attest, one or more quitclaim deeds conveying the Property to the Park District. The quitclaim deed(s) shall include the following covenant running with the land, or language substantially similar and acceptable to the Corporation Counsel:

 

The Chicago Park District shall use the Property as a public park in perpetuity. If the Chicago Park District uses, or permits the use, of the Property for any other purpose, the City may re-enter and take possession of the Property, terminate the estate conveyed to the Chicago Park District, and revest title to the Property in the City.

 

SECTION 3. The Commissioner of the Department of Planning and Development (the "Commissioner") or a designee of the Commissioner is each hereby authorized to negotiate, execute and deliver such documents as may be necessary or appropriate to implement the provisions of this ordinance, subject to the approval of the Corporation Counsel.

 

SECTION 4. To the extent that any ordinance, resolution, rule, order or provision of the Municipal Code of Chicago, or part thereof, is in conflict with the provisions of this ordinance, the provisions of this ordinance shall control. If any section, paragraph, clause

 

 

EXHIBIT A

 

PROPERTY (Subject to Final Title Commitment and Survey)

 

Legal Description: [to come]

 

 

Address:                     10440-44 S. Corliss Avenue, Chicago, Jllinois 60624

 

PIN: 25-15-213-052-0000 25-15-213-053-0000 25-15-213-093-0000

 

or provision of this ordinance shall be held invalid, the invalidity of such section, paragraph, clause or provision shall not affect any of the other provisions of this ordinance.

 

SECTION 5. This ordinance takes effect upon its passage and approval.

 

OFFICE  OF THE MAYOR

CITY OF CHICAGO

RAHM EMANUEL

MAYOR

 

April 18,2018

 

 

 

 

 

 

 

 

 

 

TO THE HONORABLE, THE CITY COUNCIL OF THE CITY OF CHICAGO

 

 

Ladies and Gentlemen:

 

At the request ofthe Commissioner of Planning and Development, I transmit herewith ordinances authorizing the conveyance of property to the Chicago Park District.

 

Your favorable consideration of these ordinances will be appreciated.

Mayor

 

 

Very truly yours,

 

JOSEPH A. MOORE

Alderman. 49th Ward 7356 North Greenview Avenue Chicago. Illinois 60626 telephone 773-338-5796 ward49@cityofchicago org www ward49 com

CITY COUNCIL

CITY OF CHICAGO COUNCIL CHAMBER

City Hall. Room 200 121 North LaSalle Street Chicago. Illinois 60602 Telephone 312-744-3067

COMMITTEE MEMBERSHIPS

 

HOUSING AND REAL ESTATE

Chairman

Budget and Government Operations

Committees, Rules and Ethics

Education and Child Development

Finance

Health and Environmental Protection

Human Relations

Special Events, Cultural Affairs and Recreation

 

 

 

 

 

May 23, 2018

 

 

 

To the President and Members ofthe City Council:

 

Your Committee on Housing and Real Estate, for which a meeting was held on May 7, 2018, having had under consideration the ordinance introduced by Mayor Rahm Emanuel on April 18, 2018, this being the intergovernmental agreement for the conveyance of City-owned property at 10440-10444 S. Corliss Ave. to the Chicago Park District, begs leave to recommend that Your Honorable Body Approve said ordinance transmitted herewith.

 

This recommendation was concurred in by a voice vote of all committee members present with no dissenting votes.

 

 

 

Respectfully submitted,

 

'Joseph A. Moore, Che

irman

Committee on Housing and Real Estate

 

 

Approved Approved