OFFICE OF THE MAYOR
CITY OF CHICAGO
LOR I E. LIGHT FOOT
MAYOU
June 25, 2021
O THE HONORABLE, THE CITY COUNCIL OF THE CIT Y OF CHICAGO
Ladies and Gentlemen:
At the request of the Commissioner of Planning and Development, I transmit herewith an ordinance authorizing the acquisition of property located at 3625 West Chicago Avenue.
Your favorable consideration of this ordinance will be appreciated.
Very truly yours.
ORDINANCE
WHEREAS, the City of Chicago ("City") is a home rule unit of government by virtue of the provisions of the Constitution of the State of Illinois of 1970, and, as such, may exercise any power and perform any function pertaining to its government and affairs; and
WHEREAS, pursuant to ordinances adopted by the City Council of the City ("City Council") on February 27, 2002, and published at pages 79794 through 80025 of the Journal of the Proceedings of the City Council for such date: (i) a certain redevelopment plan and project ("Plan") for the Chicago / Central Park Redevelopment Project Area ("Area") was approved pursuant to the Illinois Tax Increment Allocation Redevelopment Act, as amended (65 ILCS 5/11-74.4-1 et sea) ("Act"); (ii) the 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 Area redevelopment project costs (as defined in the Act) incurred pursuant to the Plan; and
WHEREAS, it is necessary to acquire the parcel of property listed on the attached Exhibit A (the "Acquisition Parcel"), which parcel is located in the Area, in order to achieve the objectives of the Plan, which include, among other things: reducing or eliminating conditions that qualify the Area as a redevelopment area; and
WHEREAS, by Resolution No. 21-CDC-10, adopted by the Community Development Commission of the City ("Commission") on April 20, 2021, the Commission recommended the acquisition of the Acquisition Parcel; and
WHEREAS, the City Council finds such acquisition to be for the same purposes as those set forth in Divisions 74.2 and 74.4 of the Illinois Municipal Code; and
WHEREAS, the City Council further finds that such acquisition and exercise of power of eminent domain shall be in furtherance of the Plan, which was first adopted in 2002 in accordance with the Act, and was in existence prior to April 15, 2006; and
WHEREAS, the City Council further finds that prior to April 15, 2006, the Plan included an estimated $3,500,000 in property assembly costs as a budget line item in Table 6-1 to the Plan, and also described property assembly as a part of the redevelopment project for the Area, including in Section 3 of the Plan; and
WHEREAS, the City Council further finds that the Acquisition Parcel was included in the Area prior to April 15, 2006, that there has been no extension in the completion date of the Plan and that the Acquisition Parcel is not located in an industrial park conservation area; now, therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CHICAGO:
SECTION 1. The foregoing recitals are hereby adopted as the findings of the City Council.
SECTION 2. It is hereby determined and declared that it is useful, desirable and necessary that the City acquire the Acquisition Parcel for public purposes and for purposes of implementing the objectives of the Plan for the Department of Planning and Development.
SECTION 3. The Corporation Counsel is authorized to negotiate with the owner(s) for the purchase of the Acquisition Parcel. If the Corporation Counsel and the owner(s) are able to agree on the terms of the purchase, the Corporation Counsel is authorized to purchase the Acquisition Parcel on behalf of the City for the agreed price. If the Corporation Counsel is unable to agree with the owner(s) of the Acquisition Parcel on the terms of the purchase, or if the owner(s) is (are) incapable of entering into such a transaction with the City, or if the owner(s) cannot be located, then the Corporation Counsel is authorized to institute and prosecute condemnation proceedings on behalf of the City for the purpose of acquiring fee simple title to the Acquisition Parcel under the City's power of eminent domain. Such acquisition efforts shall commence with respect to the Acquisition Parcel within ten (10) years of the date of the publication of this ordinance. Commencement shall be deemed to have occurred upon the City's delivery of an offer letter to the owner(s) of the Acquisition Parcel.
SECTION 4. The Commissioner of the Department of Planning and Development is authorized to execute such documents as may be necessary to implement the provisions of this ordinance, subject to the approval of the Corporation Counsel.
SECTION 5. If any provision of this ordinance shall be held to be invalid or unenforceable for any reason, the invalidity or unenforceability of such provision shall not affect any of the other provisions of this ordinance.
SECTION 6. All ordinances, resolutions, motions or orders in conflict with this ordinance are hereby repealed to the extent of such conflict.
SECTION 7. This ordinance shall be effective upon its passage and publication.