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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, the City passed an ordinance on June 18, 1930 (C.J.P. 3176-3177) ("Vacation Ordinance") vacating certain rights of way including a sixteen foot public alley, which is currently located in and was made a part of Madden Park ("Vacated Alley") which Vacated Alley is legally described in the Vacation Ordinance, to the South Park Commissioners the predecessor to the Chicago Park District ("CPD); and
WHEREAS, Section 3 of the Vacation Ordinance contains a special provision that if any part of the Vacated Alley is used for anything other than park purposes then the ordinance shall become null and void and the Vacated Alley would revert to the City; and
WHEREAS, CPD and the Chicago Housing Authority ("CHA") have entered into an Intergovernmental Agreement whereby CPD will exchange the Madden Park property to the CHA in return for CHA property located at 410 Chicago Avenue; and
WHEREAS, CHA intends to use the Madden Park property for the development of a mixed income community; and
WHEREAS, CPD has requested that the City remove the requirement that the Vacated Alley be used for park purposes only; and
WHEREAS, the Department of Transportation has determined that the City the removal of the restriction is in the best interest of the City; now, therefore,
BE IT ORDAINED B Y THE CITY COUNCIL OF THE CITY OF CHIC A GO:
SECTION 1. The forgoing recitals are hereby incorporated herein and adopted as the findings of the City Council.
SECTION 2. The Vacation Ordinance is hereby amended by deleting Section 3 from the Vacation Ordinance and renumbering the remaining sections accordingly.
SECTION 3. This ordinance shall take effect and be in force from and after its passage and. approval.
Alderman, 4Ul Ward