S1-98 Ordinance No. S1-98
AN ORDINANCE
AUTHORIZING THE ACQUISITION OF CERTAIN PROPERTY
FOR PUBLIC PURPOSES
( 123 S . State Street)
WHEREAS, the City Council of the City of Elgin has
determined that it is necessary and desirable to acquire
certain property to be utilized for public open space 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 property to be developed and
utilized for public open space purposes 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 public
" open space 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
public open space, lying wholly within the limits of the City
of Elgin, to wit:
Parcel 1 :
The northerly 33 feet of the southerly 132 feet
of that part of Lot 4 of William C. Kimball ' s
Addition to Elgin, lying West of the westerly line of
the right of way of the Chicago and Northwestern
Railway Company, in the City of Elgin, Kane County,
Illinois .
Parcel 2 :
Lot 4 lying West of the westerly line of the
right of way of the Chicago and Northwestern Railway
Company (except the southerly 132 feet thereof) of
William C. Kimball ' s Addition to Elgin, in the City
of Elgin, Kane County, Illinois .
eft Section 3 . That the Corporation Counsel, or his designee,
be and is hereby authorized, empowered and directed to
,
negotiate 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 Corporation Counsel be and is hereby
authorized to offer $50, 000 as and for compensation to the
owner or owners of the above-described property.
Section 5 . In the event that the Corporation Counsel 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 .
• Kevin Kelly, Mayor
Presented: March 11, 1998
Passed: March 11, 1998
Omnibus Vote: Yeas 7 Nays 0
Recorded: March 12 , 1998
Published:
Attest:
Dolonna Mecum, City Clerk