HomeMy WebLinkAboutORDINANCE - 2906 - 8/20/2002 - CONDEMNATION, ACQUISITION OF PROPERTYORDINANCE NO. 2906
AN ORDINANCE AUTHORIZING THE ACQUISITION OF PROPERTY BY
CONDEMNATION OR OTHERWISE FOR STORMWATER DETENTION AND STORAGE
(L•OCATED AT THE CORNER OF CARMEN DRIVE AND COYL•E AVENUE)
WHEREAS, the VILLAGE OF ELK GROVE VILLAGE, a home rule
unit, pursuant to the authority of Article VII, Section 6 of the
1970 Constitution of the State of Illinois, is authorized to
legislate with respect to matters pertaining to its government
and affairs; and
WHEREAS, the Mayor and Village Board of the VILLAGE OF ELK
GROVE VILLAGE have determined and declared that the acquisition
of the property hereinafter described is necessary and in the
public interest and is a matter pertaining to its government and
affairs; and
WHEREAS, pursuant to its home rule authority as provided in
Article VII, Section 6 of the 1970 Constitution of the State of
Illinois and Chapter 65 ILCS 5/11-110-1 the Mayor and Village
Board of the VILLAGE OF ELK GROVE VILLAGE have determined and
declared it is necessary and in the public interest to acquire
the property hereinafter described for stormwater detention and
storage; and
WHEREAS, the Mayor and Village Board of the VILLAGE OF ELK
GROVE VILLAGE have determined and declared that the acquisition
of the property hereinafter described is necessary, for
redevelopment purposes, is useful, advantageous and desirable for
the public welfare.
NOW, THEREFORE, BE IT ORDAINED by the Mayor and Board of
Trustees of the VILLAGE OF ELK GROVE VILLAGE, Counties of Cook
and DuPage, Illinois:
Section -1; That the forgoing recitals be and are hereby
made part of this ordinance.
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Section 2: That it is hereby determined that the real
property described on Exhibit A attached hereto and made a part
hereof (hereinafter referred to as the "Subject Property") and
any interests therein are necessary and appropriate for
stormwater detention and storage for the VILLAGE OF ELK GROVE
VILLAGE.
Section 3: That pursuant to its home rule power and
authority the VILLAGE OF ELK GROVE VILLAGE hereby determines that
it is necessary and desirable that the VILLAGE OF ELK GROVE
VILLAGE acquire the Subject Property and any interests therein
for stormwater detention and storage.
Section 4: That the VILLAGE OF ELK GROVE VILLAGE shall
acquire the Subject Property and any interests therein for a
stormwater detention and storage.
Section 5: That the Village Manger and Village Attorney of
the VILLAGE OF ELK GROVE VILLAGE, be and are hereby authorized,
empowered and directed to negotiate personally with the owner or
owners of the Subject Property or through their representatives
for and on behalf of the VILLAGE OF ELK GROVE VILLAGE for the
purchase of the Subject Property by the VILLAGE OF ELK GROVE
VILLAGE.
Section 6: That in the event the VILLAGE OF ELK GROVE
VILLAGE is unable to agree with the owner or owners of the
Subject Property as to the compensation to be paid therefor, then
fee simple title to and possession of the Subject Property shall
be acquired by the VILLAGE OF ELK GROVE VILLAGE through
condemnation and the Village Attorney for the VILLAGE OF ELK
GROVE VILLAGE, is hereby authorized, empowered and directed to
institute proceedings in any court of competent jurisdiction to
acquire fee simple title to and possession of said Subject
Property in accordance with the eminent domain laws of the State
of Illinois.
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Section 7: This Ordinance shall be in full force and
effect and the same shall so remain from and after its passage,
approval and publication as provided by law. If any section,
paragraph, clause or provisions of this Ordinance shall be held
invalid, the invalidity thereof shall not affect any of the other
provisions of this Ordinance.
Section a: All Ordinances or parts of ordinances in any
manner in conflict herewith be and the same are hereby repealed.
Section 9: That the Village Clerk is authorized to publish
this Ordinance in pamphlet form.
Section 10: That this Ordinance shall be in full force and
effect from and after its passage, approval and publication in
pamphlet form according to law.
VOTE: AYES: 6 NAYS: 0 ABSENT: 0
PASSED this 20th day of August 2002.
APPROVED this 20th day of August 2002.
APPROVED:
Craig B. Johnson, Mayor
ATTEST:
Ann I. Walsh
Village Clerk
PUBLISHED this 23r6 day of August 2002, in pamphlet form.
ord cgCoMe atim ton ater etmti=2.doc
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EXHIIIIT A
Legal Description
The South 428.0 feet of the West 300.0 feet of the East 325.0 feet of lot 4 in Rogers
Industrial Subdivision, Unit No. 2 in the Northwest quarter of Section 36, Township 41
North, range 11 East of the Third Principal Meridian in Cook County Illinois.
Ordinance No. 2906
08/20/02