Loading...
HomeMy WebLinkAboutS8-95 a Ordinance No. S8-95 AN ORDINANCE AUTHORIZING THE ACQUISITION OF CERTAIN PROPERTY FOR PUBLIC PURPOSES ( 115-119 KIMBALL STREET -- ELGIN SALVAGE CLOTHING and 200-220 DOUGLAS AVENUE -- ALLENTON LUMBER) 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: That part of P.J. Kimball Jr. ' s Second Addition to Elgin; also, that part of the alley lying North of Lots 49 and 72 in said P.J. Kimball Jr. ' s Second Addition; also, that part of the Northeast Quarter of Section 14 , Township 41 North, Range 8 East of the Third Principal Meridian, in the City of Elgin, Kane County, Illinois, described as a whole as follows : Beginning at the intersection of the North line of North Street and the West line of Douglas Avenue; thence Westerly, 157 . 75 feet on an assumed bearing of South 89 degrees 51 minutes 02 seconds West along the North line of North Street; thence North 22 degrees 18 minutes 58 seconds West, 252 . 65 feet; thence North 29 degrees 28 minutes 58 seconds West, 88 .40 feet; thence North 27 degrees 08 minutes 58 seconds West, 62 .25 feet; thence North 22 degrees 07 minutes 58 seconds West, 20 . 0 feet to the East line of Brook Street; thence North 0 degrees 05 minutes 29 seconds West, 78 . 58 feet along said East line to the South line of Kimball Street; thence South 89 degrees 54 minutes 10 seconds East, 332 . 87 feet ( 330 feet record) along said South line to the West line of Douglas Avenue; thence South 0 degrees 02 minutes 52 seconds East, 462 .20 feet (462 feet record) to the Point of Beginning 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, 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 $770,250, less the costs of any necessary environmental remediation, 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 . 2/.4eL Kevin Kelly, Ma or Presented: April 26 , 1995 Passed: April 26, 1995 Vote: Yeas 7 Nays 0 Recorded: April 27, 1995 Published: Attest: few w Al . ...J IAJ --Dolonna Mecum, City Clerk Ordinance No. S8-95 AN ORDINANCE AUTHORIZING THE ACQUISITION OF CERTAIN PROPERTY FOR PUBLIC PURPOSES ( 115-119 KIMBALL STREET -- ELGIN SALVAGE CLOTHING and 200-220 DOUGLAS AVENUE -- ALLENTON LUMBER) 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: That part of P.J. Kimball Jr. 's Second Addition to Elgin; also, that part of the alley lying North of Lots 49 and 72 in said P.J. Kimball Jr. ' s Second Addition; also, that part of the Northeast Quarter of Section 14, Township 41 North, Range 8 East of the Third Principal Meridian, in the City of Elgin, Kane County, Illinois, described as a whole as follows : Beginning at the intersection of the North line of North Street and the West line of Douglas Avenue; thence Westerly, 157 .75 feet on an assumed bearing of South 89 degrees 51 minutes 02 seconds West along the North line of North Street; thence North 22 degrees 18 minutes 58 seconds West, 252 .65 feet; thence North 29 degrees 28 minutes 58 seconds West, 88.40 feet; thence North 27 degrees 08 minutes 58 seconds West, 62 .25 feet; thence North 22 degrees 07 minutes 58 seconds West, 20. 0 feet to the East line of Brook Street; thence North 0 degrees 05 minutes 29 seconds West, 78.58 feet along said East line to the South line of Kimball Street; thence South 89 degrees 54 minutes 10 seconds East, 332 . 87 feet (330 feet record) along said South line to the West line of Douglas Avenue; thence South 0 degrees 02 minutes 52 seconds East, 462 .20 feet (462 feet record) to the Point of Beginning 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, 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 $770,250, less the costs of any necessary environmental remediation, 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. s/ Kevin Kelly Kevin Kelly, Mayor Presented: April 26, 1995 Passed: April 26, 1995 Vote: Yeas 7 Nays 0 Recorded: April 27, 1995 Published: Attest: s/ Dolonna Mecum Dolonna Mecum, City Clerk Committee of the Whole Meeting December 15, 1993 Page 5 Authorization of Final Payment and Acceptance of Completed Work by Contracting and Material Company for the Replacement of the Signal Equipment at the Intersection of Kimball and State Streets Councilwoman Popple made a motion, seconded by Councilman Fox, to accept the aforementioned work and authorize the final payment. Yeas : Councilmembers Fox, Popple, Schock, Yearman, and Mayor VanDeVoorde. Nays : None. Recommendation from the Traffic Committee for a Parking Restriction on the East Side of Willard Avenue from Villa Street to a Point 150 Feet South of Olive Street Councilwoman Yearman made a motion, seconded by Councilman Schock, to approve the aforementioned recommendation from the Traffic Committee. Yeas : Councilmembers Fox, Popple, Schock, Yearman, and Mayor VanDeVoorde. Nays : None. Intergovernmental Agreement with Elgin Community College for Police Services This item was removed from the agenda. Request from Councilwoman Popple to Consider Drive-through Facilities as Conditional Uses Councilwoman Popple made a motion, seconded by Councilwoman Yearman, to forward this request to the Planning and Development Commission for its consideration. Yeas : Councilmembers Fox, Popple, Schock, Yearman, and Mayor VanDeVoorde. Nays : None. Adjournment Councilwoman Yearman made a motion, seconded by Councilwoman Popple, to go into executive session for the purpose of discussing personnel appointment, employment, and dismissal, collective bargaining, and land acquisition/sale. Yeas : Councilmembers Fox, Popple, Schock, Yearman, and Mayor VanDeVoorde. Nays : None. Whereupon, at 7 : 35 p.m. , the corporate authorities convened in executive session for the purpose of discussing the above-stated matters . At 8 : 03 p.m. , the corporate authorities returned to open session and commenced the regular Council meeting. Dolonna Mecum, City Clerk Date Approved • in Agenda Item No. PAe z; oL , ..o�q,en vaa December 10, 1993 TO: Mayor and Members of the City Council FROM: Robert 0. Malm, Interim City Manager SUBJECT: Authorization for Final Payment and Acceptance of the Traffic Signals at the Intersection of State Street and Kimball Street/Lawrence Avenue PURPOSE To provide the Mayor and Council with information to consider a final payment to Contracting & Material Company for the replacement of the mast arm at the intersection of State Street and Kimball Street/Lawrence Avenue. BACKGROUND The City Council authorized Contracting & Material Company to complete the repairs at the subject intersection at their July 14, 1993 Committee of the Whole Meeting. The work was completed on October 28, 1993 in a satisfactory manner and an invoice was submitted for payment. FINANCIAL IMPACT The cost to replace and relocate the mast arm was $6,850. 00. The sum of $3,000 will be recovered from the person responsible for the damage to the signals. The remaining funds will be taken from the Public Works Traffic Division operating budget, account 010-33-21-753. 19-02 . RECOMMENDATIONS It is recommended that the City Council authorize the final payment of $6,850.00 to Contracting & Material Company of Chicago. IA gA Al „ Ro• -rt 0. m, Interim City Manager amp