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TO: Mayor Richard C. Irvin
FROM: Alex Minnella, Senior Planner
DATE: February 17, 2023
SUBJECT:
An Ordinance Authorizing the Execution of a Second Amendment to the Boundary Agreement Between the City of Aurora and the Village of Oswego.
PURPOSE:
On August 27, 2002 the City of Aurora approved a jurisdictional boundary agreement with the Village of Oswego with ordinance O2002-089. The agreement expired in 2022. Both staffs from the City of Aurora and the Village of Oswego have worked together to update the necessary documents to renew the boundary agreement.
BACKGROUND:
On August 27, 2002, the City of Aurora approved a jurisdictional boundary agreement with the Village of Oswego with ordinance O2002-089, entering into a twenty-year agreement establishing the location of a shared boundary line between the two municipalities. Subsequently, on June 25, 2013; the agreement was amended with ordinance O2013-034 to better define each other jurisdictions and exercise power and authority. The boundary line was represented to be the eastern property line of the Virgil Gilman Trail instead of the centerline thereof. In addition, a portion of the "Self Determination Area", previously annexed and zoned into the City of Aurora, was de-annexed from Aurora and annexed into Oswego. This was made possible through the mutual approval of the Revenue Sharing Agreement by which both municipalities have shared the sales tax revenues generated within the defined area thereof, with Aurora receiving 25% of the Village's share of the sales taxes.
DISCUSSION:
The boundary line as drawn in the agreement set forth is primarily the same line as from the agreement approved with ordinance O2013-034. However, the boundary agreement is being amended (as shown on Exhibit A) and as follows:
- Amend Section 5 regarding the Wikaduke Trail to acknowledge that the City of Aurora has completed its portion (Eola Road to US Route30)
- Amend Section 6 regarding the Route 30 Improvement Plan the requirement to create a formal Plan. It is important to note, that both municipalities will continue to require their own zoning and land use development ordinances and requirements as they have been doing since the original agreement was entered into back in 2002.
- Amend Section 7 regarding the future 95th Street to delete the sentence requiring the dedication of property because this was completed.
-Add a new Section 7.e. The City of Aurora agrees to work with the Village of Oswego and the DuPage Water Commission on a future water transmission main extension within the 95th Street right-of-way. Terms of an agreement will be negotiated at a later date.
- Attachment A - The Map of Boundary Line and Self Determination Area has been updated to show Parcel 03-12-202-002 now annexed into the Village of Oswego
- New Attachment B - has been created to show the updated Wikaduke Trail current alignment that will connect Stewart Road (in the Village) with Eola Road (in the City) as well as the future intersection of US Route 30 and Future 95th Street.
IMPACT STATEMENT:
Staff would anticipate that this project will increase the City’s overall tax base, by facilitating investment and development, which will offset any incidental Department or staffing impacts.
RECOMMENDATIONS:
Staff would recommend APPROVAL of the Ordinance Authorizing the Execution of a Boundary Agreement between the City of Aurora and the Village of Oswego.
cc: Building, Zoning, and Economic Development Committee
CITY OF AURORA, ILLINOIS
ORDINANCE NO. _________
DATE OF PASSAGE ________________
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An Ordinance Authorizing the Execution of a Second Amendment to the Boundary Agreement with the Village of Oswego.
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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, the City of Aurora (hereinafter "CITY") and Village of Oswego (hereinafter "VILLAGE") are each legal entities organized and existing under the laws of the State of Illinois, having among their powers the authority to contract with one another to perform the undertaking described herein; and
WHEREAS, the CITY and VILLAGE are public agencies within the meaning of the Illinois Intergovernmental Cooperation Act as provided for in 5 ILCS 220/1, et seq.; and
WHEREAS, the purpose of the Intergovernmental Cooperation Act and Article 7, Section 10 of the 1970 Constitution of the State of Illinois include fostering cooperation among units of local government in planning and providing services to their constituents; and
WHEREAS, on August 27, 2002 the Village of Oswego and the City of Aurora entered into a Boundary Agreement; and
WHEREAS, on June 25, 2013 the Village of Oswego and the City of Aurora approved the First Amendment to the Boundary Agreement; and
WHEREAS, the City of Aurora and Village of Oswego desire to extend the Boundary Agreement originally entered on August 27, 2002 for another twenty (20) year term, set to expire, as set forth and amended below; and
WHEREAS, the City Council has determined that it is in the best interest of the City and its residents to enter into this Agreement; and
WHEREAS, the City Council has reviewed and approved the attached Intergovernmental Agreement; and
NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Aurora, Illinois, as follows: that the attached amended Intergovernmental Agreement between the CITY and VILLAGE for Jurisdictional Boundary Line be approved, and the Mayor of the City of Aurora is hereby authorized and directed to execute the Intergovernmental Agreement on the behalf of the City; and further.
BE IT ORDAINED, that City Clerk be directed to transmit certified copes of this Ordinance and the attached Intergovernmental Agreement to the VILLAGE with copies to the Corporation Counsel and the Finance Director; and further
BE lT ORDAINED, that the Mayor and City Clerk be and are hereby authorized to cooperate with the VILLAGE to advance the purposes of this Ordinance.