R2021-49 Resolution Requesting Quick Take Authority to Acquire 1880 North Brush College Road for the Brush College Road over Faries Parkway Grade Separation Project

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WHEREAS, the City intends to utilize any Quick Take powers granted by the Illinois General Assembly only on an as needed basis to ensure the obligation of previously allocated federal funds and for timely completion of the Grade Separation Project; and, WHEREAS, in order for legislation granting Quick Take authority to the City to be considered and approved by the General Assembly, the City must follow the requirements of Rule 41 of the Rules of the Illinois House of Representatives and Rule 5-6 of the Rules of the Illinois State Senate, which provide generally that(i)the City will notify each owner of an interest in the property,by certified mail, of the City's request for Quick Take authority, (ii) notice of the City's intention to acquire Quick Take authority be published in a newspaper of general circulation in the City, (iii) a public hearing be held regarding the request for Quick Take authority, (iv)the City Council adopt,by recorded vote, a resolution authorizing the City's request to the General Assembly to acquire property using Quick Take and establishing a specified time period for the exercise thereof not to exceed one year, and(v) said resolution and other information be submitted by the Mayor to the Chairperson and Minority Spokesperson of the Illinois House Executive Committee and to the President of the Senate, or his or her designee, and the Minority Leader, or his or her designee, of the Illinois State Senate; and, WHEREAS, the City has (i)notified the property owners, and parties of interest, of the City's request for Quick Take authority by certified letter on February 16, 2021; (ii)caused the Herald&Review to publish notice of the City's intention to acquire Quick Take authority on February 23, 2021; and(iii)held a public hearing regarding the request for Quick Take authority on March 15, 2021. NOW THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL OF THE CIY OF DECATUR, ILLINOIS: Section 1. That it hereby requests of the Illinois General Assembly approval of Quick Take authority legislation authorizing the City to acquire 1880 North Brush College Road, as described above by eminent domain using quick take authority under 735 ILCS 30/1-1-1 et seq. Section 2. That the Mayor submit this Resolution and a sworn,notarized affidavit that contains, or has attached as an incorporated exhibit, all documents required under Rule 41 of the Rules of the Illinois House of Representatives and Rule 5-6 of the Rules of the Illinois State Senate to the Chairperson and Minority Spokesperson of the Illinois House Executive Committee and to the President of the Senate, or his or her designee, and the Minority Leader, or his or her designee, of the Illinois State Senate. Section 3. That any grant of Quick Take authority by the Illinois General Assembly to the City of Decatur given pursuant to this request be used only on an as needed basis to ensure the obligation of Federal funds and to ensure the successful and timely completion of the Grade Separation Project. Section 4. That any grant of Quick Take authority may be used for a period of 12 months after the effective date of such grant by the Illinois General Assembly to the City of Decatur.