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TO: The Honorable Mayor and City Council
FROM: Law Department
DATE: June 20, 2020
SUBJECT:
The conversion of the Aurora Public Library into a Public Library District
PURPOSE:
To allow the Mayor to enter into agreements with the newly-formed Aurora Public Library District that are consistent with the court order establishing the District or which permit the City to provide certain administrative services to the District through December 31, 2020.
BACKGROUND:
Earlier this year, the City Council consented to the conversion of the Aurora Public Library into a Public Library District. Following the Council's approval, attorneys for the library district petitioned the circuit court to order the creation of the district with an effective date of July 1, 2020. The petition was filed in February, but no substantive action took place until the end of May due to the COVID-19 Pandemic. The court entered the order approving the conversion earlier this month.
DISCUSSION:
The City presently performs various administrative tasks for the Aurora Public Library including accounting, budgeting, and payroll functions using City software, printing checks for payroll and accounts payable; receipt and disbursement of revenues, including receipt of revenues from the County Clerks; local payments stations; e-rate reimbursement; investments; bond debt payments; point of sale system, including cash registers. The Library District has requested that the City continue performing these tasks post-conversion to ensure a seamless transition for the benefit of the District and the City's shared residents -- likely through the end of 2020.
Similarly, the court order establishing the District may require further administrative agreements between the City and the District that facilitate the conversion. The proposed resolution authorizes the Mayor to execute agreements on behalf of the City that will allow the City to continue performing the administrative tasks (if it elects to do so) through the end of the year or further facilitates the conversion consistent with the court order.
IMPACT STATEMENT:
Continued performance of certain administrative tasks by the City for the benefit of the Library District to ensure a seamless conversion is a positive result for the taxpayers
RECOMMENDATIONS:
That the Council authorize the resolution.
CITY OF AURORA, ILLINOIS
RESOLUTION NO. _________
DATE OF PASSAGE ________________
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A Resolution authorizing the Mayor to execute agreements between the City and the Aurora Public Library District as may be required to facilitate the conversion of the Aurora Public Library to a local library district and the provision of certain City services to the District.
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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, on January 28, 2020, the City Council consented to the conversion of the Aurora Public Library into a public library district organized under the Public Library District Act of 1991; and
WHEREAS, on February 19, 2020, in accordance with the Local Library Act, the Board of Trustees of the Aurora Public Library petitioned the circuit court to approve the conversion with an effective date of July 1, 2020; and
WHEREAS, the COVID-19 pandemic delayed the court's final action on the petition to June 5, 2020; and
WHEREAS, on June 5, 2020, the circuit court approved the petition and established the Aurora Public Library District; and
WHEREAS, the circuit court ordered that the conversion of library operations will occur on July 1, 2020; and
WHEREAS, the Library District has requested that the City continue to perform certain services for the District, which it no performs for the Library, upon conversion to ensure the continuity of its operations; and
WHEREAS, subsequent agreements between the City and the Library District may be required or convenient to carry into execution the remainder of the court's order;
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Aurora, Illinois, as follows: that the Mayor shall be and hereby is authorized on behalf of the corporate authorities to execute such agreements between the City and the Aurora Public Library District that are 1) necessary or convenient to carry into execution the June 5, 2020, order of the Circuit Court of the Sixteenth Judicial Circuit, attached to and made part of this resolution, and 2) that facilitate the continuity of operations of the Library through the continuation of services previously rendered to the Aurora Public Library by the City through December 31, 2020.