G37-81 Ordinance No. G37-81
AN ORDINANCE
AUTHORIZING THE ACQUISITION OF CERTAIN PROPERTY FOR OPEN SPACE
WHEREAS, the City Council of the City of Elgin has determined that
it is necessary and desirable to secure Fox River frontage for public
open space use; and
WHEREAS, in order to secure such Fox River frontage it is necessary
to acquire certain property hereinafter legally described for municipal
purposes; 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 acquisition of certain property for open space 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 riverfront
property in the City of Elgin, Kane County, Illinois, hereinafter described,
be acquired for such public open space purposes.
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 public open space use, lying wholly within the
limits of the City of Elgin, to-wit:
That part of Lots "B" and "C" of North Park Addition to
Elgin lying Northerly of the Northerly line of the right of way
of the Chicago and North Western Railway Company, East of a
line drawn 198 feet East of and parallel with the West line of
said Lot "C" and West of a line drawn 396 feet East of and
parallel with the West line of Lot "C" aforesaid, in the City
of Elgin, Kane County, Illinois.
Section 3. That Leo Nelson, City Manager of the City of Elgin, be
and is hereby authorized, empowered and directed to negotiate for and on
behalf of the City of Elgin with the owners of the above described real
properties for the purchase thereof by the City of Elgin.
Section 4. That the City Manager be and is hereby authorized to
offer the sum of $2,800 as and for compensation to the owner or owners of
the above-described property; said offer shall be in writing.
Section 5. That in the event 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/ Richard L. Verbic
Richard L. Verbic, Mayor
Presented: July 8, 1981
Passed: July 8, 1981
Vote: Yeas 6 Nays 1
Recorded:
Published:
Attest:
s/ Marie Yea rman
Marie Yearman, City Clerk