ORDINANCE
WHEREAS, the City of Chicago ("City") is a home rule unit of government by virtue of the provisions ofthe Constitution ofthe 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 September 29, 1999: (i) a certain redevelopment plan and project (the "Plan") for the Madison/Austin Redevelopment Project Area (the "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 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 that certain real property which is located in the Area and identified on the attached Exhibit A (collectively, the "Acquisition Parcels"), 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 (achieving the objectives of Plan shall be known herein as the "Project"); and
WHEREAS, by Resolution No. 21-CDC-39 adopted by the Community Development Commission of the City (the "CDC") on December 14, 2021, the CDC recommended the acquisition of the Acquisition Parcels; and
WHEREAS, by Resolution No. 21-040-21 adopted by the Chicago Plan Commission (the "Plan Commission") on December 16, 2021, the Plan Commission approved the City's proposed acquisition of the Acquisition Parcels; and
WHEREAS, the City Council finds such acquisitions to be for the same purposes as those set forth in Divisions 74.2 and 74.4 ofthe 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 Project, and of the Plan, which was first adopted in 1999 in accordance with the Act, as recited above, 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 $8,100,000 in property assembly costs as a budget line item in Table 2 to the Plan, and also described property assembly as a part of the redevelopment project for the Area, including in Section 4 ofthe Plan; and
WHEREAS, the City Council further finds that the Acquisition Parcels were 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 Parcels are not located in an industrial park conservation area; now, therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CHICAGO:
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Section 1. The above recitals are hereby incorporated by reference as if fully set forth in this ordinance and are adopted as the findings ofthe City Council.
Section 2. It is hereby determined and declared that it is useful, desirable and necessary that the City acquire the Acquisition Parcels for the purposes of implementing the Project.
Section 3. The City's Corporation Counsel ("Corporation Counsel") is authorized to negotiate with the owner(s) of the Acquisition Parcels for the purchase of the Acquisition Parcels.
Section 4. If the Corporation Counsel is able to agree with the owner(s) of the Acquisition Parcels upon the price to be paid for such Acquisition Parcels, or a portion thereof, the Corporation Counsel is authorized to purchase the Acquisition Parcels, or a portion thereof, in the name of and on behalf of the City for the agreed price, with such purchase price to be paid out of any legally available funds of the City, including, without limitation, proceeds of any grants or other funds received by the City. If the Corporation Counsel is unable to agree with the owner(s) of the Acquisition Parcels on the purchase price, or if an owner is incapable of consenting to the sale, or if an owner cannot be located or cannot deliver fee simple title, then the Corporation Counsel may institute and prosecute condemnation proceedings in the name of and on behalf of the City for the purpose of acquiring fee simple title or other property interest(s) in the Acquisition Parcels, or a portion thereof, under the City's power of eminent domain. Such acquisition efforts shall commence with respect to the Acquisition Parcels within four (4) years of the date of the publication of this ordinance. Commencement shall be deemed to have occurred within such period upon the City's delivery of an offer letter to the owner(s) of the Acquisition Parcels.
Section 5 The Commissioner of the City's Department of Planning and Development, and any successor department (the "Commissioner"), or a designee of the Commissioner, is authorized to (1) execute such documentation as may be necessary to implement the provisions of this ordinance, and (2) determine whether the acquisition of the Acquisition Parcels, or a portion thereof, or less than fee simple title is necessary to implement the Project, all subject to the approval of the Corporation Counsel.
Section 6. If any provision of this ordinance shall be held to be invalid or unenforceable for any reason, the validity or enforceability of such provision shall not affect any of the other provisions of this ordinance.
Section 7. All ordinances, resolutions, motions or orders in conflict with this ordinance are hereby repealed to the extent of such conflict.
Section 8. This ordinance shall be effective upon its passage and approval.
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