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TO: Mayor Richard C. Irvin
FROM: The Law Department
DATE: September 21, 2021
SUBJECT:
A Resolution Granting the Authority to Make Modifications to Liens Issued Through City Loan and Grant Programs.
PURPOSE:
To allow the Mayor, specific staff or their designees to execute any documents necessary to modify previously granted forgivable and deferred loans for the purpose of updating the names of the property owners.
BACKGROUND:
Several times a year the City offers grant and loan programs, which provide forgivable and deferred loans which are administered through Preservation or Community Services. With these home improvement programs the grant or loan amount is recorded on the subject property. The grants or loans are either forgiven over a period of time or deferred until the property is sold.
DISCUSSION:
On occasion, property owners seek to add or remove someone from the deed and the City's lien. This can happen when a property owner gets married, divorced, or some other situation where an owner needs to be added or removed. At this time there is no method by which simple modifications effecting the names listed on the lien can be changed. Any change would require full City Council approval. This resolution would allow the Mayor, certain designated staff or their designees to execute the necessary documents to modify the names on the City liens.
RECOMMENDATIONS:
Staff would recommend the approval of this Resolution.
CITY OF AURORA, ILLINOIS
RESOLUTION NO. _________
DATE OF PASSAGE ________________
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A Resolution Authorizing the Modification of Liens Issued Through City Loan and Grant Programs.
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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, several times a year the City Council authorizes deferred loans or grants to homeowners in which a lien attaches to the property;
WHEREAS, on occasion the property owners make requests to the City to add or remove someone from the lien on the subject property;
WHEREAS, at the present time the only method to modify such liens is by authorization of the City Council;
WHEREAS, it would save time and resources if authorized staff could modify these liens in a limited capacity;
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Aurora, Illinois, authorizes the Mayor, the Chief Community Services Officer, the Community Development Manager, the Chief Development Services Officer, the Zoning and Planning Director and their designees to execute lien modifications, (and any necessary documents, including HUDs program administration requirements) for the limited purpose of adding or removing owners on deferred grants issued since 1980, and to cause the same to be recorded with the recorder of the county where the real property is located.