Title
AN ORDINANCE AUTHORIZING CONDEMNATION OF PROPERTY FOR TINLEY CREEK STREAMBANK STABILIZATION TEMPORARY AND/OR PERMANENT EASEMENTS ON PROPERTY AT 8445, 8448, 8502 AND 15437 TEE BROOK DRIVE AND 8430 AND 8434 FLAMINGO CIRCLE, ORLAND PARK, ILLINOIS
Body
WHEREAS, the Village of Orland Park (the "Village") is a home rule municipality, having all of the powers and authority granted to such municipalities pursuant to Article VII, Section 6 of the Illinois Constitution of 1970, including the right to exercise any power and perform any function pertaining to its government and affairs; and
WHEREAS, the Village is authorized by the provisions of the Illinois Municipal Code at 65 ILCS 5/11-61-1 and the Illinois Eminent Domain Act at 735 ILCS 30/5-5-5(d) to exercise the right of eminent domain by condemnation proceedings to acquire private property useful, advantageous or desirable for municipal purposes or public welfare; and
WHEREAS, the Village, utilizing funds provided in part by the Metropolitan Water Reclamation District of Greater Chicago (“MWRDGC”), is undertaking the design, construction, operation, maintenance and ownership of stormwater infrastructure for streambank stabilization on and along Tinley Creek for locations between 151st Street and Oriole Court and between 86th Avenue and 159th Street in the Village of Orland Park for the public benefit of reducing flooding in the general area (collectively, the “Project”); and
WHEREAS, in order to obtain the MWRDGC funding needed to complete the Project, it is necessary for the Village to obtain certain permanent and temporary construction easements on private property at 8445, 8448, 8502 and 15437 Tee Brook Drive and 8430 and 8434 Flamingo Circle, Orland Park, Illinois; and
WHEREAS, attorneys retained by the Village have or are negotiating. The attorneys have been unable to reach a negotiated settlement and have recommended that the Village file a condemnation action in order to obtain the easements; and
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