Title
An Ordinance Authorizing the Execution of a Real Estate Purchase Contract with RHWC II LLC, an Illinois limited liability company (Magid Glove and Safety-Well Site-Part of 1300 Naperville Drive)
Body
WHEREAS, the Village of Romeoville is a home rule unit of government within the meaning of the Section 6(a) of Article VII of the Constitution of the State of Illinois, and is authorized pursuant thereto to exercise any power and perform any function pertaining to its government and affairs, including the power to acquire real estate pursuant to contract on such terms as the Corporate Authorities shall authorize; and
WHEREAS, public purposes include those purposes which are useful, advantageous, beneficial, or utilitarian to the Village in the exercise of its corporate powers and in connection with its performance of municipal functions or rendition of municipal services, where the use of the real estate so acquired for public purposes will benefit the Village of Romeoville and the public as a whole, with such benefits being available on equal terms to all members of the public, and in accordance with the applicable ordinances of the Village of Romeoville and laws of the State of Illinois; and
WHEREAS, the Village has determined that the property legally described in Exhibit A hereto is necessary for the Village to acquire for public purposes and specifically for the purpose of providing a municipal public potable water supply well and appurtenant buildings and equipment; and
WHEREAS, after further investigation and negotiation, the Village of Romeoville has determined that it is in the best interests of the Village to acquire the above-mentioned property from the record owners thereof by means of entering into a purchase contract in substantially the form set forth in Exhibit B; and
WHEREAS, the purchase contract included in Exhibit B also contemplates the parties thereto executing an easement agreement granting the Village an access easement to the property described in Exhibit A, a petition for tax parcel division and other documents ancillary to the performance of the purchase contract; and
WHEREAS, the acquisition of the real property described in Exhibit A pursuant to the contract therefor incorporated herein as Exhibit B will promote the health, safety morals and welfare of the Village, and will facilitate the provision of necessary public services to residents and promote the future orderly growth and development of the Village.
NOW THEREFORE BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES FOR THE VILLAGE OF ROMEOVILLE, WILL COUNTY, ILLINOIS; THAT:
SECTION 1: RECITALS. The foregoing recitals are hereby incorporated into this Ordinance as if fully set forth herein.
SECTION 2: AUTHORIZATION. The Village President and the Village Clerk are hereby respectively authorized to execute and attest to the execution of a real estate purchase contract in substantially the form incorporated herein as Exhibit B, provided, however, that the final form and language of said real estate purchase contract shall remain subject to the review and approval of the Village Manager and Village Attorney prior to its execution by the Village President.
SECTION 3: SEVERABILITY. That the various provisions of this Ordinance are to be considered severable and if any part or portion of this Ordinance shall be held invalid by any Court of competent jurisdiction, such decision shall not affect the validity of the remaining provisions of this Ordinance.
SECTION 4: CONFLICTS. All prior Ordinances and Resolutions, or parts thereof in conflict or inconsistent with this Ordinance are hereby expressly repealed only to the extent of such conflict or inconsistency.
SECTION 5: REPEALER. All Ordinances or parts of Ordinances in conflict with any of the provisions of this Ordinance shall be, and the same are hereby repealed.
SECTION 6: EFFECTIVE DATE. This Ordinance shall be in full force and effect from and after its passage, approval and publication in pamphlet form as provided by law.