cover
TO: Mayor Thomas J. Weisner
FROM: Alayne Weingartz
DATE: March 28, 2014
SUBJECT:
An Ordinance Annexing Certain Territory within Naperville Township, Dupage County, Illinois, to the City of Aurora (9S774 Route 59)".
PURPOSE:
Forcible annexation of a less than 60 acre site contiguous to the City of Aurora. .
BACKGROUND:
Owner James Luurs has presented a zoning request to DuPage County to allow a communications antenna/tower to be built at the subject property. The site is bordered by single family residential homes in the City of Aurora. The City Council sent a formal objection to DuPage County in the hopes of providing the basis for disapproval of the requested use of this property. .
DISCUSSION:
Inasmuch as the subject property is wholly bounded by Aurora and Naperville, the immediately adjacent properties are zoned and occupied as single family residential homes, it is appropriate to take the strongest action possible to stop the possible construction of this communications antenna/tower at this location. There are other more appropriate locations for such a use. By annexing the subject property into the City of Aurora, Aurora can control the zoning and use for this site, to protect our residents health, safety and welfare.
IMPACT STATEMENT:
Annexing this property into the City of Aurora will require a zoning or re-zoning of the site. .
RECOMMENDATIONS:
I recommend that this Ordinance forcibly annexing the subject property be sent to the Planning and Development Committee and ultimately the City Council for public hearing and approval of said forcible annexation.
cc: Alderman Saville, Chairman
Alderman Donnell
Alderman Irvin
Alderman Hart-Burns, Alternate
CITY OF AURORA, ILLINOIS
ORDINANCE NO. _________
DATE OF PASSAGE ________________
title
An Ordinance Annexing Certain Territory Within Naperville Township, DuPage County, Illinois, to the City of Aurora (9S774 Route 59)
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, pursuant to Section 7-1-13 of the Illinois Municipal Code (65 ILCS 5/7-1-13), the City of Aurora has the authority to involuntarily annex property which is less than 60 acres in size and that is wholly bounded by one or more municipalities, or by one or more municipalities in a county with a population of more than 800,000 inhabitants and less than 2,000,000 inhabitants and property owned by the State; and
WHEREAS, the property described in Section 2 below (the "Property"), is unincorporated, less than 60 acres in size, contiguous to the City of Aurora, and is wholly bounded by one or more municipalities, or by one or more municipalities in a county with a population of more than 800,000 inhabitants and less than 2,000,000 inhabitants and property owned by the State; and
WHEREAS, pursuant to Section 7-1-13 of the Illinois Municipal Code (65 ILCS 5/7-1-13), notice of the contemplated annexation of the Property described in Section 2 below was published in the Beacon News, a newspaper of general circulation in the territory hereinafter described, on March 28, 2014; said date being at least ten (10) days prior to passage of this Ordinance; and
WHEREAS, also pursuant to Section 7-1-13 of the Illinois Municipal Code (65 ILCS 5/7-1-13), notice of the contemplated annexation of the Property described in Section 2 below was served on each taxpayer of record of the Property below in the manner provided by law on March 21, 2014, said date being not less than fifteen (15) days prior to the passage of this Ordinance; and
WHEREAS, the City of Aurora, DuPage, Will, Kane and Kendall Counties, does provide library service and fire protection service, and the Property is not located within any library district, but is located in the Naperville Fire Protection District, and due notice has therefore been served upon the Trustees of the Naperville Fire Protection District in the manner, form and time required by law. Also, no road or highway under the jurisdiction of any township is located in or adjacent to the Property described in Section 2; and
WHEREAS, it is in the best interest of the City of Aurora that said territory be annexed to and become part of the City.)
NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Aurora, Illinois, as follows:
SECTION 1: That the findings set forth above are incorporated by reference into this Section 1 as if fully set forth herein.
SECTION 2: The Property described as follows:
PART OF THE SOUTHEAST QUARTER OF SECTION 33, TOWNSHIP 38 NORTH, RANGE 9, EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF SAID SECTION 33, THENCE WESTERLY ALONG THE SOUTH LINE OF THE SOUTHEAST QUARTER OF SAID SECTION 33, FOR A DISTANCE OF 319.75 FEET; THENCE NORTHERLY AT AN ANGLE OF 90 DEGREES, 43 MINUTES, 40 SECONDS TO THE RIGHT OF THE PRECEDING COURSE FOR A DISTANCE OF 255.8 FEET; THENCE EASTERLY FOR A DISTANCE OF 322.85 FEET TO A POINT ON THE EAST LINE OF THE SOUTHEAST QUARTER OF SAID SECTION 33, 248.55 FEET NORTH OF THE SOUTHEAST CORNER THEREOF; THENCE SOUTHERLY ALONG THE EAST LINE OF THE SOUTHEAST QUARTER OF SAID SECTION 33, FOR A DISTANCE OF 248.55 FEET TO THE PLACE OF BEGINNING, IN DUPAGE COUNTY, ILLINOIS. PROPERTY ALSO KNOWN AS:
TRACT 2 OF BLOCK-BUSSE ASSESSMENT PLAT; PART OF THE SOUTHEAST QUARTER OF SECTION 33, TOWNSHIP 38 NORTH, RANGE 9, EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT THEREOF RECORDED OCTOBER 24, 1957 AS DOCUMENT 860758, IN DUPAGE COUNTY, ILLINOIS.
Along with those portions of any roads or highways adjacent thereto.
Permanent Index Number: 07-33-400-003
Commonly Known As: 9S774 Route 59, Naperville, Illinois 60564 (Naperville Township, unincorporated DuPage County).
be and the same is hereby annexed to the City of Aurora, DuPage, Will, Kane and Kendall Counties, Illinois, all in conformance with and as shown on a plat and map of annexation of said territory prepared by a registered land surveyor of the State of Illinois, attached hereto and made a part hereof as EXHIBIT A.
SECTION 3: That the City Clerk is hereby and herewith instructed, to promptly record with the Recorder of Deeds of DuPage County, Illinois, and to file with the County Clerk of DuPage County and with the County Election Authority of DuPage County, Illinois:
(a) a copy of this Ordinance certified as correct by the City of Aurora; and
(b) a plat of the land included in this annexation, as required by law, said plat to be attached to the aforesaid certified copy of this Ordinance.
SECTION 4: The City Clerk shall also file with the County Clerk of DuPage County and with the County Election Authority of DuPage County, Illinois documentation related to the annexation, and shall notify the post office branch serving the territory within thirty (30) days of the annexation.
SECTION 5: The new boundary of the City of Aurora shall extend to the far side of any adjacent right-of-way, provided said right-of-way is not currently located within the corporate limits of another municipality, and shall include all of every right-of-way within the area annexed hereby.
PASSED AND APPROVED on ______________.
AYES ____ NAYS ____ NOT VOTING ____ ABSENT ____
ATTEST:
____________________________ __________________________
City Clerk Mayor
Exhibit "A" Plat and Map of Annexation Area
Service List
Affidavit
Legal Notice
Notice of Proposed Involuntary Annexation