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TO: Mayor Richard C. Irvin
FROM: Tracey M. Vacek, Senior Planner
DATE: December 4, 2024
SUBJECT:
An Ordinance Annexing Property located at 1102 Rathbone Avenue to the City of Aurora, pursuant to a Water Service Agreement (City of Aurora - 24-0956 / AU29/2-24.480-A - TV - Ward 4)
PURPOSE:
To annex the property located at 1102 Rathbone Avenue into the City of Aurora.
BACKGROUND:
The Subject Property is located at 1102 Rathbone Avenue and is currently a single-family home within unincorporated Kane County. The previous owner, Mark Davino, entered into a Water Service Agreement with the City on June 3, 2003, in order to receive city water. At that time, the property was not contiguous to the City of Aurora.
The Subject Property is now contiguous to the City of Aurora municipal boundary to the north; therefore, the proposal is to annex the property pursuant to a Water Service Agreement. The Subject Property currently has city water and is paying double water rates. As a result of the Annexation, the current property owner will be paying regular city water rates once annexed. The property will be annexed in with R-1 One Family Dwelling District zoning.
DISCUSSION:
The Subject Property is currently a single-family dwelling which is consistent with the City of Aurora R-1 One Family Dwelling District zoning ordinance or is consistent with the comprehensive plan.
POLICIES AND GUIDELINES:
The Staff's Evaluation and Recommendation are based on the following Physical Development Policies:
11.01(2) To develop annexation guidelines providing for logical municipal growth.
11.1(5) To guide and promote development to areas where public utilities, public roads and municipal services are either available or planned.
71.1 To locate and direct urban growth areas where municipal services are available or proposed.
RECOMMENDATIONS:
Staff recommends APPROVAL of the An Ordinance Annexing Property located at 1102 Rathbone Avenue to the City of Aurora, pursuant to a Water Service Agreement.
ATTACHMENTS:
Exhibit "A" Legal Description
Exhibit "B" District Notice Mailing Affidavit
Exhibit "C" Plat of Annexation
Recorded Water Service Agreement
Letter to Homeowner
Maps
Legistar Number: 24-0956
cc: Alderwoman Patty Smith, Chairperson
Alderwoman Shweta Baid, Vice Chairperson
Alderman Michael B. Saville
Alderman Bill Donnell
Alderman Carl Franco
CITY OF AURORA, ILLINOIS
ORDINANCE NO. _________
DATE OF PASSAGE ________________
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An Ordinance Annexing Property located at 1102 Rathbone Avenue to the City of Aurora, pursuant to a Water Service Agreement (City of Aurora - 24-0956 / AU29/2-24.480-A - TV - Ward 4)
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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, Jonathon Davino and Mark Davino, are the owners of record of the real estate legally described on Exhibit “A”, attached hereto and incorporated herein by reference as if fully set forth, and hereafter referred to as Exhibit “A”; and
WHEREAS, by Water Service and Annexation Agreement petition dated June 3, 2024, and recorded with Kane County on October 24, 2023, by Recording Number 2003K191614, the City of Aurora initiated annexation of the real property legally described on said Exhibit “A” to the City of Aurora, in accordance with the provisions of Section 7-1-8 of the Illinois Municipal Code (65 ILCS 5/7-1-8); and
WHEREAS, the real estate legally described on said Exhibit “A”, shall be zoned pursuant to the provisions of Chapter 49 of the Code of Ordinances, City of Aurora, being the Zoning Ordinance and the Zoning Map attached thereto; and
WHEREAS, the corporate authorities of the City of Aurora have determined that the property is contiguous to the City of Aurora and is not within the corporate limits of any other municipality and that the petition in all other respects conforms to the requirements of law; and
WHEREAS, due statutory notice has been given to those entities listed in the affidavit and Annexation Notification List attached hereto as Exhibit “B”, including the County Clerk (as election authority), the supervisor, clerk and all respective members of township board and the highway commissioner in any affected township, and the trustees of any fire protection district in which the Subject Property is located.
NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Aurora, Illinois, as follows:
Section One: That the City Council of the City of Aurora, Illinois finds as fact all of the preamble recitals of this Ordinance.
Section Two: That this Ordinance shall be in full force and effect, and shall be controlling, upon its passage and approval.
Section Three: That all Ordinances or part of Ordinances in conflict herewith are hereby repealed insofar as any conflict exists.
Section Four: That any section, phrase or paragraph of this Ordinance that is construed to be invalid, void or unconstitutional shall not affect the remaining sections, phrases or paragraphs of this Ordinance which shall remain in full force and effect.
Section Five: That the real estate described on Exhibit “A”, attached hereto and incorporated herein by reference as if fully set forth, be, and the same is hereby annexed to the City of Aurora, Illinois.
Section Six: That the property to the far side of any adjacent public right-of-way within said annexed area, and the same is, hereby also annexed to the City of Aurora, Illinois.
Section Seven: That the corporate limits of the City of Aurora, and the same are, hereby extended to include the territory hereby annexed to the City of Aurora, Illinois.