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TO: Mayor Irvin and the City Council
FROM: Law Department
DATE: January 2, 2020
SUBJECT:
Modification of an agreement between the Aurora Public Library and School District 129 pertaining to the responsibilities of the same with respect to the real property constituting Washington Middle School and the West Branch of the Aurora Public Library.
PURPOSE:
To authorize the supersession of a 1995 agreement setting forth the responsibilities of the Aurora Public Library and School District 129 to reflect changes in the ownership, maintenance, and operation of the real property constituting the West Branch of the Aurora Public Library.
BACKGROUND:
In 1995, the City, on behalf of the Library, entered into an intergovernmental agreement with District 129 to permit the library to construct and operate a branch location (West Branch) on the property of Washington Middle School. Because a municipal library is not considered a unit of local government under Illinois law, the City was a required party to the agreement, even though the agreement did not impose any duties on the City. The construction of the West Branch is now complete and the District has conveyed the real property beneath the West Branch to the Library.
The District and the Library now wish to reallocate responsibilities among themselves to provide for the ongoing supervision, security, and costs of operating and maintaining the middle school and the West Branch which are physically connected to each other and use the same parking facilities. The District and the Library have agreed to an allocation of these duties, but because the 1995 intergovernmental agreement included the City as a party, the City's assent is required to ratify the changes. These changes impose no rights nor responsibilities on the City.
In addition to authorizing the proposed changes, the resolution also requests, authorizes, and consents to the removal of the City as a party to the agreement if the Library becomes a Public Library District.
DISCUSSION:
The City's involvement in this matter is entirely perfunctory, but necessary due to the legal nature of the Aurora Public Library. The attached resolution grants the City's consent to the proposed changes and also, in the event that the Public Library is reorganized into a Library District - a unit of local government - that the City need not have any further involvement in this Agreement.
IMPACT STATEMENT:
None.
RECOMMENDATIONS:
That the Resolution be adopted.
cc: Finance Committee
CITY OF AURORA, ILLINOIS
RESOLUTION NO. _________
DATE OF PASSAGE ________________
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A Resolution authorizing the modification of an agreement between the City, Aurora Public Library and School District 129 pertaining to the responsibilities of the Library and District with respect to the real property constituting Washington Middle School and the West Branch of the Aurora Public Library.
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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, the Board of Education of Aurora School District 129, and the Aurora Public Library entered into an intergovernmental agreement in 1995 to provide for the construction and operation of a Branch Library at Washington Middle School; and
WHEREAS, the Board of Education and the Library desire to modify the prior agreement to define the responsibilities with respect to the ongoing operation, maintenance, and security of the real property constituting Washington Middle School and the West Branch of the Aurora Public Library and have agreed to an allocation of those responsibilities among themselves; and
WHEREAS, the City's consent to the proposed modification is required under the terms of the original agreement; and
WHEREAS, the City has no objection to the proposed modifications contained in the Amended Joint Agreement attached to and made a part of this Resolution as if fully set forth herein;
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Aurora, Illinois, as follows: that the attached Amended Joint Agreement is approved; and further
BE IT RESOLVED, that the Mayor and Clerk shall be and hereby are directed to execute the attached Amended Joint Agreement on behalf of the City; and further
BE IT RESOLVED, that the City authorizes, requests, and consents to the removal of itself as a party to the Amended Joint Agreement if the Aurora Public Library is reorganized into a Public Library District and ceases to be a local public library operating under the Illinois Local Library Act.