S7-95 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