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TO: Mayor Richard C. Irvin
FROM: Alex G. Alexandrou, Chief Management Officer
DATE: August 13, 2020
SUBJECT:
An Ordinance Amending An Intergovernmental Agreement with the County of DuPage, Illinois, Pertaining to the Reimbursement of Expenses Incurred as a Result of the COVID-19 Pandemic.
PURPOSE:
DuPage County has requested the City amend the Intergovernmental Agreement recently enacted with DuPage County for CARES Act fund reimbursement of certain City expenses incurred as a result of the COVID-19 pandemic.
BACKGROUND:
DuPage County has approved provisions to allocate portions of its $160M CARES Act appropriation to municipalities located all or in part within its corporate limits based on population. DuPage County approved an intergovernmental agreement setting forth the process for which the City may seek reimbursement of authorized expenses from the County's appropriation of CARES Act funds. Said reimbursement was based on the estimated number of City residents residing in the DuPage County as reflected on an approved schedule attached to the intergovernmental agreement. City Council approved said intergovernmental agreement pursuant to O20-046 on Tuesday, July 28, 2020.
DISCUSSION:
Further review and analysis by the City and the County determined that the schedule attached to the approved intergovernmental agreement did not properly enumerate the residents in that portion of the City located within the corporate limits of the County. The County has prepared a revised Schedule 1 for inclusion to the intergovernmental agreement that reflects a more accurate estimation of the City's population within the County and have requested that said revised Schedule 1, which is attached to this Ordinance as Exhibit A, be approved by the City.
IMPACT STATEMENT:
Failure to approve the revised Schedule 1 would result in the City receiving less CARES Act funding from DuPage County than it is actually entitled to based on an inaccurate population number.
RECOMMENDATIONS:
That the City Council approve amending the intergovernmental agreement with DuPage County adopted pursuant to O20-046 by replacing its original Schedule 1 in its entirety with the revised Schedule 1 set forth in Exhibit A.
CITY OF AURORA, ILLINOIS
ORDINANCE NO. _________
DATE OF PASSAGE ________________
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An Ordinance amending an intergovernmental agreement with the County of DuPage, Illinois, pertaining to the reimbursement of expenses incurred as a result of the COVID-19 Pandemic.
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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, Section 10 of Article VII of the Constitution of the State of Illinois and the Intergovernmental Cooperation Act authorizes and encourages units of local government including counties and municipalities to contract or otherwise associate among themselves to obtain or share services and to exercise, combine, or transfer any power or function, in any manner not prohibited by law or by ordinance;
WHEREAS, on March 27, 2020, the United States Congress passed, and the President approved Public Law 116-136, commonly known as the Coronavirus Aid, Relief, and Economic Security Act, or CARES Act ("CARES Act"); and
WHEREAS, Congress directly appropriated relief funds to units of government with populations greater than 500,000 to reimburse certain costs incurred as a result of the COVID-19 pandemic; and
WHEREAS, the County of DuPage, Illinois, has a population exceeding 500,000 and received an appropriation of one hundred sixty million ($160,000,000) dollars of relief funds; and
WHEREAS, the County of DuPage, Illinois has made provisions to allocate portions of said appropriation to municipalities located all or in part within its corporate limits based on population for the purposes authorized by the CARES Act; and
WHEREAS, the County of DuPage, Illinois, has approved an intergovernmental agreement setting forth the process for which the City may seek reimbursement of authorized expenses from the County's appropriation of CARES Act funds; and
WHEREAS, said reimbursement was based on the estimated number of City residents residing in the County; and
WHEREAS, the City Council approved said intergovernmental agreement pursuant to O20-046 on Tuesday, July 28, 2020; and
WHEREAS, further analysis by the City and the County determined that the intergovernmental agreement did not properly enumerate the residents in that portion of the City located within the corporate limits of the County; and
WHEREAS, the County has prepared a revised Schedule 1 for inclusion to the intergovernmental agreement that reflects a more accurate estimation of the City's population within the County; and
WHEREAS, said revised Schedule 1 is attached to this Ordinance as Exhibit A;)
NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Aurora, Illinois, as follows: that the intergovernmental agreement with the County of DuPage, Illinois adopted pursuant to O20-046 shall be and hereby is amended by replacing its original Schedule 1 in its entirety with the revised Schedule 1 set forth in Exhibit A; and further
BE IT ORDAINED, that the Mayor shall be and hereby is directed to execute a copy of this ordinance and cause the same to be delivered to the County Clerk of the County of DuPage, Illinois forthwith; and further
BE IT ORDAINED, that the Mayor and City Treasurer shall be and hereby are authorized and directed to take all actions on behalf of the City to carry into execution the purpose and intent of said intergovernmental agreement; and further
BE IT ORDAINED, that the Mayor shall be and hereby is authorized without the need of further action by the Council to approve on behalf of the corporate authorities of the City any subsequent changes to the intergovernmental agreement as amended when such changes are in the best interests of the City and its residents.