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TO: Mayor Thomas J. Weisner
FROM: Bill Wiet, Chief Development Services Officer
DATE: January 21, 2016
SUBJECT:
To approve the attached ordinance for the City to accept title to the newly constructed parking lot (Lot 2) from the Aurora Public Library.
PURPOSE:
To fulfill the City's obligation under Section 2 (C) (i) of Resolution R14-260 which is the Intergovernmental Agreement between the City of Aurora and Aurora Public Library to accept ownership of Lot 2 at the new Santori Public Library. Along with the acceptance of Lot 2 will be the City's future responsibility for repair and maintenance of the 140 space lot.
BACKGROUND:
The City and Library had past discussions with the IGA on combining both the city-owned parking lot, nearest the library entrance, with the Lot 2 parking spaces currently owned by the Library. The City by accepting Lot 2 will now have control over both public parking lots, as well as the Lake Street entrance, and will be better able to provide services such as snow plowing and maintaining the parking lot as a whole. Controlling the lot will also streamline any parking lot expansion onto the adjacent City property if deemed necessary.
DISCUSSION:
The attached documents, including the Real Estate Sales Contract, is the official mechanism (per State Statute) in which to transfer the property from the Library to the City. Once approved and executed by both buyer and seller, the transaction can be completed.
IMPACT STATEMENT:
The City will be responsible for future maintenance of the newly acquired parking lot. The City however is currently responsible for a large portion of the parking lot nearest the Library so resources will already be in place in the immediate vicinity.
RECOMMENDATIONS:
It is recommended that the Ordinance be approved.
cc: Alderman Saville, Chairman
Alderman Donnell
Alderman Irvin
Alderman Hart-Burns, Alternate
CITY OF AURORA, ILLINOIS
ORDINANCE NO. _________
DATE OF PASSAGE ________________
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An Ordinance Determining the Need for Certain Property and Requesting the Transfer Thereof by the Aurora Public Library to the City of Aurora
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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 Aurora Public Library (the “Library”) is the owner of certain property located within the Corporate limits of the City of Aurora (the “City”) legally described as follows:
LOT 2 IN THE AURORA PUBLIC LIBRARY SUBDIVISION, UNIT 1, PART OF SECTIONS 21 AND 22, TOWNSHIP 38 NORTH, RANGE 8 EAST OF THE THIRD PRINCIPAL MERIDIAN, IN THE CITY OF AURORA, KANE COUNTY, ILLINOIS
P.I.N.: 15-21-430-018
(the “Property”); and
WHEREAS, the City desires to acquire and use the Property for the purposes of a parking lot; and
WHEREAS, the City has been advised that Property is no longer necessary or useful to the Library, which desires to transfer the Property to the City; and
WHEREAS, the Illinois Local Government Property Transfer Act, 50 ILCS 605/0.01, et seq. (the “Act”), authorizes the transfer of real estate owned by a public library to a municipality.)
NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Aurora, Illinois, as follows:
SECTION 1: The preambles set forth above are incorporated herein and made a part hereof.
SECTION 2: The Mayor and City Council of the City of Aurora hereby find and declare that it is necessary and convenient for the City of Aurora to acquire and use and occupy the Property for use as a parking lot, that the public interest will be served by the transfer of the Property to the City from the Library pursuant to Section 2 of the Act, 50 ILCS 605/2, and that the City will accept all right title and interest in the Property upon transfer by the Library.
SECTION 3: The Mayor and City Council of the City of Aurora request that the Aurora Public Library find that the Property is no longer necessary or useful to the Library and that upon receipt of this Ordinance adopted by the City in accordance with the Act, the Library transfer by deed all of its right, title and interest in the Property to the City, which transfer shall be pursuant to the terms in the “Real Estate Sales Contract” attached hereto as Exhibit A and made a part hereof.
SECTION 4: The Mayor, City Clerk and Corporation Counsel are hereby authorized and directed to execute all appropriate documents, including the Real Estate Sales Contract, and take such other action as is required to consummate the transfer of the Property by the Library to the City.
SECTION 5: This Ordinance shall be in full force and effect from and after its passage and approval as provided by law.