OFFICE OF THE MAYOR
CITY OF CHICAGO
RAHM EMANUEL
MAYOR
June 8, 2011
TO THE HONORABLE. THE CITY COUNCIL OF THE CITY OF CHICAGO
Ladies and Gentlemen:
At the request of the Public Building Commission, I transmit herewith an ordinance authorizing an acquisition of property for a library reading garden.
Your favorable consideration of this ordinance will be appreciated.
Very truly yours,
Mayor
ORDINANCE
WHEREAS, pursuant to the provisions of an Act to Authorize the Creation of public building commissions and to define their rights, powers and duties, as amended, presently codified at 50 ILCS 20/1 et seq. (the "Act"), the City Council (the "City Council") ofthe City of Chicago (the "City") created the Public Building Commission of Chicago (the "Commission") for the purpose of facilitating the construction of public buildings and improvements; and
WHEREAS, pursuant to the Act, the Commission is a municipal corporation and constitutes a body both corporate and politic separate and apart from the City; and
WHEREAS, at the request of the City, the Commission has heretofore undertaken a program involving the acquisition, construction, alteration, repair, renovation, rehabilitation, enlargement and improvement of branch library facilities for use by the Chicago Public Library (the "Branch Library"); and
WHEREAS, on July 30, 1997, the City Council of the City, at pages 49658 through 49721 of the Journal of Proceedings of the City Council, authorized the execution of an interagency agreement between the Commission and the City which provides for the implementation of such project; and .
WHEREAS, pursuant to such City Council authority, the Commission and the City have entered into that certain Master Intergovernmental Agreement (Branch Library Projects) dated as of October 1, 1997 (such agreement, the "Intergovernmental Agreement"); and
WHEREAS, the Library has heretofore requested that the Commission acquire the property commonly known as 1000-1014 East 73rd Street, Chicago, Illinois (the "Property"), for the purpose of acquiring and constructing a new Branch Library and ancillary improvements in the Grand Crossing area of the City (the "Project"); and
WHEREAS, the Board of Commissioners (the "Board") of the Commission, by resolution adopted on December 11, 2007, selected, located and designated the Property for acquisition and construction for the aforesaid purposes; and
WHEREAS, the selection, location and designation of the Property was approved by the City Council pursuant to an ordinance (the "Site Designation Ordinance") which was passed on February 6, 2008, at pages 20662-20665 of the Journal of Proceedings of the City Council of such date; and
WHEREAS, such acquisition has occurred and construction of such Grand Crossing Branch Library has been substantially completed; and
WHEREAS, subsequent to the designation of the Property by the Commission and approval of the Site Designation Ordinance by the City Council, the Library requested that the Commission designate an additional parcel of land located to the Property, commonly known as 1018-1022 East 73rd Street, Chicago, Illinois and legally described on Exhibit A of this
s:ORD/PBC GRAND CROSSING V.3
Ordinance (the "Additional Property"), to provide a Reading Garden that will be used in conjunction with the Project; and
WHEREAS, by resolution adopted on May 12, 2011, the Board of Commissioners of the Commission selected, located and designated the Additional Property for acquisition and development of a Reading Garden and related improvements; and
WHEREAS, the Additional Property lies wholly within the territorial limits of the City, is conveniently located and of sufficient size to accomplish and effectuate the aforesaid purposes and provide appropriate architectural settings and adequate landscaping for such purposes; and
WHEREAS, the Additional Property, upon being acquired and at all times thereafter, shall be under public ownership and control; and
WHEREAS, pursuant to the requirements of Section 14 of the Act, the Board has requested that the City Council approve the Additional Property, so selected, located and designated by the Commission, as a site to be acquired for construction of the new Grand Crossing Branch Library Reading Garden and ancillary improvements; and
WHEREAS, pursuant to Section 14(b) of the Act, the Commission has the authority to acquire fee simple title to the Property, including, if necessary, through the exercise of the power of eminent domain; and
WHEREAS, the 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; now, therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CHICAGO:
SECTION 1. The foregoing findings and recitals are hereby adopted as the findings of the City Council and incorporated herein by reference.
SECTION 2. It is hereby determined and declared that. it is useful, desirable and necessary for the Commission, on behalf of the City, to acquire the Additional Property for the public purposes set forth in the recitals. The City hereby approves the selection, location and designation of the Additional Property for acquisition, development and construction of the new Grand Crossing Branch Library Reading Garden and related facilities by the Commission.
SECTION 3. The City approves the Commission's authority to negotiate with the owner(s) for the donation or purchase of the Additional Property. If the Commission and the owner(s) are able to agree on the terms of the donation or purchase, the Commission is authorized to acquire the Additional Property on behalf of the City upon such terms as shall be agreed by the parties. If the Commission is unable to agree with the owner(s) of the Additional Property on the terms of the donation or purchase, or if the owner(s) is or are incapable of entering into such a transaction with the Commission on behalf of the City, or if the owner(s) cannot be located, the City consents to the Commission's institution and prosecution of condemnation proceedings for the purpose of acquiring fee simple title to the Additional Property under the Commission's power of eminent domain.
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SECTION 4. Upon completion of the acquisition of the Additional Property and the construction by the Commission of the Project including the Branch Library and the Reading Garden and related and ancillary improvements, the City approves the conveyance of the Property and the Additional Property to the City upon request by the City by customary documents of conveyance as provided in the Intergovernmental Agreement.
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 approval.
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EXHIBIT A
Grand Crossing Branch Library Reading Garden 1018-1022 East 73rd Street Chicago, Illinois
Legal Description
The East 1/2 of Lot 21 and all of Lots 18, 19 and 20 in Block 14 in Cornell, being a subdivision of the West 1/2 of Section 26 and the Southeast 1/4 of Section 26 (with the exception of the East 1/2 ofthe Northeast 1/4 of said Southeast 1/4), and the North 1/2 of the Northwest 1/4, the South 1/2 of the Northwest 1/4, lying West of the Illinois Central Railroad and the Northwest 1/4 of the Northeast 1/4 of Section 35, Township 38 North, Range 14 East of the Third Principal Meridian, in Cook County, Illinois.
PIN Nos: 20-26-111-034 20-26-111-035 20-26-111-036
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