Title
AN ORDINANCE ESTABLISHING THE ADMINISTRATIVE PROCEDURE FOR RELOCATION ASSISTANCE UNDER THE UNIFORM RELOCATION ASSISTANCE AND REAL PROPERTY ACQUISITION POLICIES ACT OF 1970, AS AMENDED, AND 49 CFR PART 24, BY THE VILLAGE OF ORLAND PARK, COOK COUNTY, ILLINOIS
Body
WHEREAS, the Village of Orland Park (the “Village”) is a home rule municipality organized and existing under the provisions of the Illinois Constitution, Article 7, Section 6; and
WHEREAS, the Village is authorized and empowered by their constitutional home rule authority to acquire by eminent domain property that is useful, advantageous or desirable for municipal purposes or for the public health, welfare and safety; and
WHEREAS, in the event that the Village elects to exercise its power of eminent domain, it does so in accordance with the provisions of the Eminent Domain Act (735 ILCS 30/1-1-1, et seq.); and
WHEREAS, on January 1, 2007, the Eminent Domain Act was revised by the Illinois General Assembly and a new provision was added providing for the payment of relocation costs as set forth in 735 ILCS 30/10-5-62; and
WHEREAS, pursuant to 735 ILCS 30/10-5-62, except when federal funds are available for the payment of direct financial assistance to persons displaced by the acquisition of their real property, in all condemnation proceedings for the taking or damaging of real property under the exercise of the power of eminent domain, the condemning authority is required to pay to displaced persons reimbursement for their reasonable relocation costs, determined in the same manner as under the federal Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended from time to time, and as implemented by the regulations for said Act as set forth in 49 CFR Part 24; and
WHEREAS, in light of the foregoing addition to the Eminent Domain Act, the Village is desirous of having an administrative procedure for relocation assistance established so that it can be uniformly applied by the Village in any acquisition undertaken pursuant to the Eminent Domain Act; and
WHEREAS, the Village has consulted with its legal counsel and an outside expert in relocation assistance, and attached hereto as Exhibit A is a copy of the Administrative Procedure for Relocation Assistance the Village desires to adopt in order to comply with 735 ILCS 30/10-5-62 of the Eminent Domain Act, and the provisions of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended from time-to-time, as implemented by the regulations for said Act as set forth in 40 CFR Part 24.
NOW, THEREFORE, BE IT ORDAINED by the President and Board of Trustees of the Village of Orland Park, Illinois as follows:
SECTION 1
That the recitals set forth above are hereby adopted and incorporated into this Ordinance.
SECTION 2
That it is desirable and in the best interest of the Village to adopt the Administrative Procedure for Relocation Assistance attached hereto and incorporated herein as Exhibit A, in accordance with 735 ILCS 30/10-5-62 of the Eminent Domain Act and the provisions of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended from time-to-time, as implemented by the regulations for said Act set forth in 49 CFR Part 24.
SECTION 3
If any section, paragraph, or provision of this Ordinance shall be held to be invalid or unenforceable for any reason, the invalidity or unenforceability of such section, paragraph, or provision shall not affect any of the remaining provisions of this Ordinance.
SECTION 4
All ordinances, resolutions, motions, or orders in conflict herewith shall be, and the same hereby are, repealed to the extent of such conflict, and this Ordinance shall be in full force and effect upon its passage and approval as provided by law.