TO: Mayor Richard C. Irvin
FROM: Deborah Lang, Assistant Corporation Counsel
DATE: August 31, 2020
SUBJECT:
A proposed agreement between the City of Aurora and Aurora Downtown.
PURPOSE:
The proposed resolution contains the agreement between the City of Aurora and Aurora Downtown and establishes deadlines and responsibilities for each party.
BACKGROUND:
Ordinance No. 4579, adopted December 7, 1976, reestablished as Special Service Area Number 1-A by Ordinance No. 079-4853, adopted November 27, 1979, established Aurora Special Service Area Number One. Aurora Downtown is a duly organized Illinois general not-for-profit corporation established for the purpose of improving, redeveloping, aiding and assisting persons and business enterprises in an area described in the City of Aurora Redevelopment Ordinance Numbered 4471 adopted July 25, 1975, and thereafter amended from time to time, commonly known as Aurora Downtown.
DISCUSSION:
The attached agreement formalizes and updates the duties of each respective party with regards to the management and deployment of taxes generated by the levies filed against property in SSA One. Within the agreement are yearly deadlines for each of the parties to meet and discuss the scope of work for the upcoming year. This provides for enhanced communication on upcoming events throughout the year as well as improved coordination in providing City services. All events in the scope of work will utilize the eproval process which is a platform that keeps all of the communication for all City departments in one location. Besides events for the year, the agreement also discusses streetscape in SSA One and the responsibilities of the City and Aurora Downtown. Finally, the agreement discusses the timing of disbursement of net tax revenues that are obtained from levies imposed by SSA One as well as any possible FOIA implications imposed on the City if Aurora Downtown receives a FOIA request.
IMPACT STATEMENT:
This agreement has minimal impact on various departments. This updated agreement formalizes what has been done in the past, added clear deadlines for both parties and streamlines the process for special events like First Fridays. The agreement will enhance communication between both parties to continue to improve the area in SSA One.
RECOMMENDATIONS:
Staff requests approval of this resolution allowing the Mayor to sign the agreement with Aurora Downtown.
cc: Public Health, Safety, and Transportation Committee
CITY OF AURORA, ILLINOIS
RESOLUTION NO. _________
DATE OF PASSAGE ________________
title
A Resolution to execute an agreement between the City and Aurora Downtown regarding the scope of work, management, and deployment of taxes generated by levies filed against property within SSA One.
body
WHEREAS, the City of Aurora has a population of more than 25,000 persons and is, therefore, a home rule unit under subsection (a) of Section 6 of Article VII of the Illinois Constitution of 1970; and
WHEREAS, subject to said Section, a home rule unit may exercise any power and perform any function pertaining to its government and affairs for the protection of the public health, safety, morals, and welfare; and
WHEREAS, Aurora Downtown ("AD") is a duly organized Illinois general not-for profit corporation established for the purpose of improving, redeveloping, aiding and assisting persons and business enterprises in an area described in the City of Aurora Redevelopment Ordinance Numbered 4471 adopted July 25, 1975, and thereafter amended from time to time, which said area is commonly known as the Aurora downtown; and
WHEREAS, in carrying out its functions, AD engages in activities designed to bring recognition to the Aurora Downtown as an attractive, business, cultural, recreational and entertainment destination, including sponsoring cultural and promotional events and festivals, maintaining, improving, landscaping, and seasonally decorating public spaces within the downtown area; and
WHEREAS, the City recognizes the undertaking of AD as an important contribution to the general welfare of the City; and
WHEREAS, the City finds that it is in its interest to provide resources sufficient to support and sustain the activities of AD; and
WHEREAS, AD is committed to continuing its efforts to enhance and promote the Aurora Downtown; and
WHEREAS, a special service area as contemplated by the Special Service Area Tax Law 35 ILCS 200/27-5 was created pursuant to City of Aurora Ordinance No. O94-93 adopted September 6, 1994 and thereafter extended by Ordinance No. O02-92 adopted August 27, 2002, and again by Ordinance No. O10-051 adopted August 24, 2010, and Ordinance No. O18 - 0056 adopted August 28, 2018, which said Ordinances shall hereafter be collectively referred to as “the ORDINANCES;” and
WHEREAS, the Special Service Area created by the ORDINANCES is commonly referred to and known as SPECIAL SERVICE AREA-One (hereafter “SSA-One”); and
WHEREAS, SSA-One shall remain in existence through tax year 2026; and
WHEREAS, the ORDINANCES referred to herein apply to the area of the City of Aurora commonly referred to as the Aurora Downtown; and
WHEREAS, the ORDINANCES provide that the taxes derived thereby shall be used for specifically defined purposes relating to the development, marketing, management, promotion and improvement of Aurora Downtown; and
WHEREAS, the ORDINANCES provide that a not-for-profit corporation be organized for the purpose of managing the tax fund created by the ORDINANCES and fulfilling the objectives and purposes defined by the ORDINANCES; and
WHEREAS, AD, a not-for-profit corporation, has been organized for the foregoing purposes and has pursuant to prior Agreements been designated by the City as the entity responsible for the management and deployment of the taxes generated by the levies filed against property within SSA-One pursuant to the terms of this Agreement; and
WHEREAS, the membership of AD is comprised of the owners of property located within SSA-One, businesses conducting business within the boundaries of SSA-One, community organizations and individuals having a direct and containing interest in the development and promotion of SSA-One; and
WHEREAS, AD is uniquely suited to act as administrator in carrying out the responsibilities of administering, managing and developing the taxes derived from tax levies filed against property within SSA-One and desires to do so.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Aurora, Illinois, as follows: The Mayor shall be and hereby is authorized to execute the agreement on behalf of the City attached hereto as Exhibit A.