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TO: Mayor Thomas J. Weisner
FROM: Assistant Corporation Counsel
DATE: March 11, 2014
SUBJECT:
Resolution allowing the Mayor to execute an agreement to accept the donation of real property located at 101 S. Lincoln Avenue, Aurora, Illinois.
PURPOSE:
To obtain authorization for the Mayor to execute the agreement that will allow U.S. Bank, N.A. to donate the aforementioned property to the City pursuant to the terms and conditions in the Donation Agreement, which is attached to the Resolution as Exhibit A.
BACKGROUND:
The property located at 101 S. Lincoln Avenue, Aurora, Illinois was the subject of a foreclosure action in the 16th Judicial Circuit of Kane County filed in 2007. In 2008, the circuit court approved the sheriff sale relating to the property and, since at least March 2008, has been vacant. Additionally, the property has been cited for multiple property maintenance and/or building code violations, which have remained uncured. Subsequently, in 2013, after administrative proceedings concluded, the City filed an action seeking the repair or demolition of the property pursuant to Section 11-31-1 of the Illinois Municipal Code. After receiving service of the Summons and Complaint filed by the City, U.S. Bank, N.A. determined to donate the property to the City.
DISCUSSION:
As a result of the economic problems affecting the housing market and the unprecedented number of foreclosure actions filed by various financial institutions, multiple properties within the city limits have been vacated and/or have become unsafe due to a lack of maintenance. The City has identified various such properties and determined that it is in the best interest of its residents for it to file court actions, under the relevant statutory provisions of the Illinois Municipal Code, requiring the repair or demolition of said unsafe/dangerous structures by current owners, or, in the alternative, give the City leave to do so.
IMPACT STATEMENT:
The acceptance of the donated property will not only significantly reduce the time, fees and costs expended by the City in the course of litigation of this matter but also allow the City to more quickly take the necessary steps to address the unsafe and dangerous condition of the property located at 101 S. Lincoln Avenue, Aurora, Illinois. The acceptance of the donated property and eventual demolition will positively impact the community by decreasing the possibility of the property becoming a nuisance as well as potentially increasing the market value of the surrounding properties.
RECOMMENDATIONS:
I would request that the Resolution be placed on the agenda of the Finance Committee Meeting to be held on February 25, 2014 to allow for the review and recommendation of the proposed resolution.
cc: Alderman O'Connor, Chairman
Alderman Mervine
Alderman Bohman
Alderman Peters, Alternate
CITY OF AURORA, ILLINOIS
RESOLUTION NO. _________
DATE OF PASSAGE ________________
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A Resolution Authorizing the Mayor to Execute a Contract to Accept the Donation of Real Estate Known as Property Located at 101 S. Lincoln Avenue, Aurora, Illinois.
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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 is interested in receiving and U.S. Bank, N.A. is interested in donating real estate known as 101 S. Lincoln Avenue, Aurora, Illinois, with a PIN 15-22-386-12-0000; and
WHEREAS, it is the intent of the Parties to execute the Donation Agreement attached hereto as Exhibit A to accept the donation of the aforementioned property by U.S. Bank, N.A. to the City of Aurora.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Aurora, Illinois, as follows: that the City Council of the City of Aurora, Illinois does hereby authorize the Mayor to execute the Donation Agreement with U.S. Bank, N.A. for the donation of the property located at 101 S. Lincoln Avenue, Aurora, Illinois. Additionally, Jim Pilmer, Property Superintendent, or his designee, and/or Alayne Weingartz, Corporation Counsel, or her designee, are hereby authorized to act on behalf of the City of Aurora and execute any necessary subsequent agreements, consistent with this Resolution, to complete the donation, acceptance and transfer of this property.
PASSED AND APPROVED on ______________.
AYES ____ NAYS ____ NOT VOTING ____ ABSENT ____
____________________________ __________________________
Alderman Bohman, Ward 1 Alderman Garza, Ward 2
____________________________ __________________________
Alderman Mesiacos, Ward 3 Alderman Donnell, Ward 4
____________________________ __________________________
Alderman Peters, Ward 5 Alderman Saville, Ward 6
____________________________ __________________________
Alderman Hart-Burns, Ward 7 Alderman Mervine, Ward 8
____________________________ __________________________
Alderman Bugg, Ward 9 Alderman Johnson, Ward 10
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Alderman Irvin, At Large Alderman O'Connor, At Large
ATTEST:
____________________________ __________________________
City Clerk Mayor
Ex. A Donation Agreement, signed by U.S. Bank, N.A.