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TO: Mayor Thomas J. Weisner
FROM: Blanca Dominguez, Asst. Corp. Counsel
DATE: June 30, 2015
SUBJECT:
Resolution allowing the Mayor to execute an agreement to accept the donation of real property located at 1129 Talma Street, Aurora, Illinois, PIN 15-34-178-021.
PURPOSE:
To obtain authorization for the Mayor to execute the agreement that will allow for the donation the aforementioned property to the City pursuant to the terms and conditions in the Donation Agreement and Quitclaim Deed, which are attached to the Resolution as Exhibits A and B.
BACKGROUND:
The City sent a Notice to Repair or Demolish to Richard Hoss on June 17, 2015, requesting that the parties with interest in the property either repair or demolish the property. After consideration of various options, the parties with interest in the property determined donation of the property to the City was the best course of action.
DISCUSSION:
The City has identified various properties that are in an advanced state of disrepair and determined that it is in the best interest of its residents for it to file court actions, under the relevant statutory provisions of the Illinois Municipal Code, requiring the repair or demolition of said unsafe/dangerous structures by current owners, or, in the alternative, give the City leave to do so. The property located at 1129 Talma Street is one of the properties that has fallen into a state of disrepair for which the only viable remedy is demolition.
IMPACT STATEMENT:
The acceptance of the donated property will not only significantly reduce the time, fees and costs expended by the City in the course of litigation of this matter but also allow the City to more quickly accomplish its goal of addressing the unsafe and dangerous conditions at abandoned and blighted properties, such 1129 Talma Street, Aurora, Illinois. The acceptance of the donated property and eventual demolition will positively impact the community by decreasing the possibility of the property becoming a nuisance as well as potentially increasing the market value of the surrounding properties. Furthermore, the practice of acquiring dangerous and unsafe buildings for demolition is a recognized use of a municipality's police powers, which many municipalities, including those surrounding the City, have recently exercised in an effort to stave off the worst effects of the housing downturn and its effect on communities with blighted properties. Moreover, the cost of demolishing the unsafe building is greatly outweighed by the benefits to the community, especially since the City may use grant funds awarded pursuant to the Illinois Housing Development Authority's Abandoned Properties Program, thus further minimizing the impact to the City and maximizing overall positive effect on surrounding residences.
RECOMMENDATIONS:
I would request that the Resolution be placed on the agenda of the Finance Committee Meeting to be held on July 14, 2015 to allow for the review and recommendation of the proposed resolution and for referral to the City Council for eventual adoption of Resolution.
cc: Alderman O'Connor, Chairman
Alderman Mervine
Alderman Bohman
Alderman Mesiacos, Alternate
Please delete the below aldermen as this matter was copied over from previous committee assignments earlier in the year.
cc: Alderman O’Connor, Chairman
Alderman Mervine
Alderman Bohman
Alderman Peters, Alternate
CITY OF AURORA, ILLINOIS
RESOLUTION NO. _________
DATE OF PASSAGE ________________
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A Resolution Authorizing the Mayor to Execute a Contract to Accept the Donation of Real Estate Known as Property Located at 1129 Talma Street, Aurora, Illinois
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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 City of Aurora is interested in receiving and owner is interested in donating real estate known as 1129 Talma Street, Aurora, Illinois, with a PIN 15-34-178-021; and
WHEREAS, it is the intent of the Parties to execute the Donation Agreement attached hereto as Exhibit A to accept the donation of the aforementioned property to the City of Aurora.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Aurora, Illinois, as follows: that the City Council of the City of Aurora, Illinois does hereby authorize the Mayor to execute the Donation Agreement with for the donation of the property located at 1129 Talma Street, Aurora, Illinois. Additionally, Jim Pilmer, Property Superintendent, or his designee, and/or Alayne Weingartz, Corporation Counsel, or her designee, are hereby authorized to act on behalf of the City of Aurora and execute any necessary subsequent agreements, consistent with this Resolution, to complete the donation, acceptance and transfer of this property to the City of Aurora.
Attachments:
Exhibit "A" Donation Agreement
Exhibit "B" Quit Claim Deed