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HomeMy WebLinkAboutS7-95 Ordinance No. S7-95 AN ORDINANCE AUTHORIZING THE ACQUISITION OF CERTAIN PROPERTY FOR PUBLIC PURPOSES (216 BROOK STREET -- KELLIHER-HUBER BRICK COMPANY) WHEREAS, the City Council of the City of Elgin has determined that it is necessary and desirable to widen and improve a certain public right of way; and WHEREAS, in order to construct and maintain said public right of way, it is necessary to acquire certain property hereinafter described; and WHEREAS, the City of Elgin is a home rule unit authorized to exercise any power and perform any function relating to its government and affairs; and WHEREAS, the construction and maintenance of a public right of way is within the government and affairs of the City of Elgin. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section 1 . That it is hereby determined that certain property in the City of Elgin, Kane County, Illinois, hereinafter described, be acquired for the purpose of widening and improving Kimball Street and for the purpose of additional public parking for the benefit of the public . Section 2 . That it is hereby determined that it is necessary and desirable that the City of Elgin shall acquire title to and possession of the following described real property, which property is necessary, required and needed for the purpose of widening and improving a public right of way and for the purpose of additional public parking lying wholly within the limits of the City of Elgin, to wit: Lots 65, 66, 67 , 74 and 75 in P.J. Kimball Jr. ' s Second Addition to Elgin, and that part of the alley adjoining said Lots 67 and 74, except that part of said Lot 67 lying northeasterly of a line drawn parallel within 25 feet southwesterly from the center line of the main track of the Chicago and Northwestern Railway Company, in the City of Elgin, Kane County, Illinois . Section 3 . That Richard B. Helwig, City Manager of the City of Elgin, or his designee, be and is hereby authorized, row empowered and directed to negotiate for and on behalf of the City of Elgin with the owner or owners of the above described real property for the purchase of the real property described by the City of Elgin. Section 4 . That the City Manager, or his designee, be and is hereby authorized to offer $243,000 as and for compensation to the owner or owners of the above-described property. Section 5 . In the event that the City Manager is unable to agree with the owner or owners of said property as to compensation to be paid therefor, in accordance with the provisions of this ordinance, then title to and possession of said property shall be acquired by the City of Elgin in accordance with the laws of eminent domain of the State of Illinois, and the Corporation Counsel is hereby authorized, empowered and directed to institute appropriate proceedings in any court of competent jurisdiction to acquire title to and possession of said property for the City of Elgin in accordance with the eminent domain laws of the State of Illinois . /e/- /3. 1%1 Kevin Kelly, 1414-or rik Presented: April 26 , 1995 Passed: April 26 , 1995 Vote: Yeas 7 Nays 0 Recorded: April 27 , 1995 Published: Attest: Dolonna Mecum, City Clerk rft