HomeMy WebLinkAboutOrd 5638 07/24/2007
ORDINANCE NO. 5638
AN ORDINANCE AUTHORIZING THE ACQUISITION OF PROPERTY
THROUGH THE CONDEMNATION OR OTHERWISE IN
THE TAX INCREMENT REDEVELOPMENT PROJECT AREA
Passed and approved
by the President and Board of Trustees
the 24th day of July, 2007
Published in pamphlet form
by authority of the corporate authorities
of the Village of Mount Prospect, Illinois,
the 25th day of July, 2007.
ORDINANCE NO. 5638
AN ORDINANCE AUTHORIZING THE ACQUISITION OF
PROPERTY THROUGH CONDEMNATION OR OTHERWISE IN
THE TAX INCREMENT REDEVELOPMENT PROJECT AREA
WHEREAS, the Village of Mount Prospect, Cook County, Illinois has heretofore
adopted Ordinance Number 3554 adopting the District No. 1 Tax Increment
Redevelopment Plan and Redevelopment Project, and Ordinance Number 3555 entitled
"An Ordinance Designating District No.1 Tax Increment Redevelopment Project Area in
the Village of Mount Prospect, Illinois", and Ordinance Number 3556 entitled "An
Ordinance Adopting Tax Increment Financing for the District No. 1 Tax Increment
Redevelopment Project in the Village of Mount Prospect, Illinois all of which are
incorporated herein in their entirety.
WHEREAS, the Village of Mount Prospect has determined that the above-mentioned
Tax Increment Redevelopment Plan and Redevelopment Project which were the subject
matter of the public hearings is in the best interests of the residents of the Village of
Mount Prospect and is a public purpose; and
WHEREAS, the Village of Mount Prospect is empowered, pursuant to the Real Property
Tax Increment Allocation Redevelopment Act, PISI 79-1525, appearing as Section 11-
74.4-1 et. seq., of Chapter 65, Illinois Compiled Statutes 2003, (hereinafter the "Act") to
acquire by purchase, donation, lease or eminent domain real property within the
redevelopment project area; and
WHEREAS, the implementation of the aforementioned Tax Increment Redevelopment
Plan and Project would attract to the Village of Mount Prospect additional commercial
ventures, increase business for commercial ventures currently established within the
Village, strengthen the property and non-property tax and income bases, and would
provide jobs for the Village residents.
NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD
OF TRUSTEES OF THE VILLAGE OF MOUNT PROSPECT, COUNTY OF
COOK, STATE OF ILLINOIS ACTING IN THE EXERCISE OF THEIR HOME
RULE POWERS, as follows:
SECTION 1: That it is hereby determined that the Tax Increment
Redevelopment Plan and Redevelopment Project previously adopted be established,
maintained, controlled, managed and operated within the corporate limits of the Village
of Mount Prospect within the District Number 1 Tax Increment Redevelopment Project
Area as described in Ordinance Nos. 3554, 3555 and 3556 and that said Tax Increment
Redevelopment Plan and Redevelopment Project be occupied, improved, used and
developed in a manner necessary and convenient for public use.
SECTION 2: That under the authority vested in the corporate authorities of the
Village of Mount Prospect, through the statutes of the State of Illinois and the home rule
power and ordinances of the Village, it is hereby determined that pursuant to the Tax
Increment Redevelopment Plan and Redevelopment Project it is necessary and desirable
that the Village shall acquire title to and possession of certain real property commonly
known as 6-18 West Busse Avenue, Mount Prospect, Illinois, Permanent Index 08-12-
102-062-0000, and legally described in the Exhibit which is attached hereto and made a
part hereof and hereinafter referred to as the "Subject Property", which property is
within the foregoing Tax Increment Redevelopment Project Area and is necessary,
required and needed to achieve the objectives of the foregoing Tax Increment
Redevelopment Plan and Redevelopment Project, and which property lies wholly within
the limits of the Village of Mount Prospect.
SECTION 3: That the Village Attorney or such other persons as he may
designate are hereby authorized, empowered and directed to negotiate personally or
through its representatives for and on behalf of said Village with the owner or owners of
the Subject Property for the purchase and acquisition thereof by said Village.
SECTION 4: That in the event the said Village Attorney or his designee are
unable to agree with the owner or owners of said real property as to the compensation
thereof, then title to and possession of the Subject Property shall be acquired by the
Village of Mount Prospect through condemnation, and authorization is hereby given to
institute proceedings in any court of competent jurisdiction to acquire title to and
possession of the Subject Property for the Village in accordance with the Act, the
eminent domain laws of the State of Illinois and the ordinances of the Village of Mount
Prospect.
SECTION 5: That this ordinance shall be in full force and effect from and after
its passage, approval and publication in pamphlet form as provided by law.
Passed by the Board of Trustees of the Village of Mount Prospect, Illinois and
approved by the President thereof this 24th day of July, 2007 .
Ayes:
Corcoran, Juracek, Korn, Lohrstorfer, Zadel
Nays:
None
Absent:
None
~~!~~
Mayor
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Attest: ~ .c. ~ #h~
M. isa Angell
Village Clerk
H:\CLKO\files\ WIN\ORD INANC\condemnationordinance 18 W Bussejune2007.doc
Exhibit "A"
Legal Description for parcel 08-12-102-062-0000
That part of Lot 4 in Mount Prospect Central District Subdivision of part of the
west half of Section 12, Township 41 North, Range 11 East of the Third Principal
Meridian according to the plat thereof recorded December 23, 1949 as document
1275902, lying southerly ofthe westerly extension of the southernmost line of Lot 2 in
said Mount Prospect Central District Subdivision, all in Cook County Illinois.