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TO: Mayor Richard C. Irvin
FROM: Tracey M. Vacek, Senior Planner
DATE: June 20, 2018
SUBJECT:
An Ordinance Annexing Certain Property being Duke Parkway Right of Way west of State Route 59 to the City of Aurora, Illinois, pursuant to an Approved Intergovernmental Agreement (City of Aurora - 18-0524 / WI33/4-18.129-A - TV)
PURPOSE:
The City of Aurora is requesting the Annexation of 1.93 acres for a portion of Duke Parkway, just west of State Route 59, pursuant to an Intergovernmental Agreement.
BACKGROUND:
In February of 2017, an Intergovernmental Agreement was approved by City Council between the City of Aurora and the City of Warrenville regarding the construction of the Duke Parkway extension and its intersection with State Route 59. As part of the Agreement, the jurisdiction of the Duke Parkway right of way was to be excluded from Warrenville and annexed to City of Aurora.
DISCUSSION:
This Annexation will fulfill the City's obligation under the Intergovernmental Agreement.
POLICIES AND GUIDELINES:
The Staff’s Evaluation and Recommendation are based on the following Physical Development Policies:
10.0 To provide for the orderly, balanced and efficient growth and redevelopment of the City through the positive integration of land use patterns, functions, and circulation systems. To protect and enhance those assets and values that establishes the desirable quality and general livability of the City. To promote the City’s position as a regional center.
11.0 To guide the growth of the City in an orderly and structured manner.
11.1(5) To guide and promote development to areas where public utilities, public roads and municipal services are either available or planned.
RECOMMENDATIONS:
Staff would recommend APPROVAL of the Ordinance Annexing Certain Property being Duke Parkway Right of Way west of State Route 59 to the City of Aurora, Illinois, pursuant to an Approved Intergovernmental Agreement
ATTACHMENTS:
Exhibit "A" Legal Description
Exhibit "B" Annexation Plat
Exhibit "C" District Notice Mailing Affidavit
Land Use Petition with Supporting Documents
Location Map
Legistar Number: 18-0524
cc: Alderman Saville, Chairman
Alderman Jenkins
Alderman Franco
Alderman Donnell, Alternate
CITY OF AURORA, ILLINOIS
ORDINANCE NO. _________
DATE OF PASSAGE ________________
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An Ordinance Annexing Certain Property being Duke Parkway Right of Way west of State Route 59 to the City of Aurora, Illinois, pursuant to an Approved Intergovernmental Agreement
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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, City of Warrenville is the owner of record of the real estate legally described on Exhibit “A”, attached hereto; and
WHEREAS, Section 7-1-24 of the Illinois Municipal Code (65 ILCS(1994) 5/7-1-24) provides for the disconnection of land by one municipality and the annexation of that land by another municipality where the municipalities are adjoining; and
WHEREAS, the annexation is pursuant to the terms of an Intergovernmental Agreement between the City of Aurora and the City of Warrenville approved by Resolution Number R17-027, on February 14, 2017; and
WHEREAS, by Warrenville Ordinance O2017-49 dated August 7, 2017, the owner of record petitioned the City of Aurora to annex the real property legally described on said Exhibit “A” and depicted on Exhibit "B" to the City of Aurora in accordance with the provisions of Section 7-1-8 of the Illinois Municipal Code (65 ILCS(1994) 5/7-1-8); and
WHEREAS, the corporate authorities of the City of Aurora have determined that the property is contiguous to the City of Aurora and is not within the corporate limits of any other municipality and that the petition in all other respects conforms to the requirements of law; and
WHEREAS, due statutory notice has been given to those entities listed in the affidavit and Annexation Notification List attached hereto as Exhibit “C”, being the County and City Election Commissions, County Auditor, Township Board, Township Highway Commissioner, any Fire Protection District and any Public Library District in which the real property legally described on said Exhibit “A” is located.
NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Aurora, Illinois, as follows:
Section One: That the City Council of the City of Aurora, Illinois finds as fact all of the preamble recitals of this Ordinance.
Section Two: That this Ordinance shall be in full force and effect, and shall be controlling, upon its passage and approval.
Section Three: That all Ordinances or part of Ordinances in conflict herewith are hereby repealed insofar as any conflict exists.
Section Four: That any section, phrase or paragraph of this Ordinance that is construed to be invalid, void or unconstitutional shall not affect the remaining sections, phrases or paragraphs of this Ordinance which shall remain in full force and effect.
Section Five: That the real estate described on Exhibit “A”, attached hereto and incorporated herein by reference as if fully set forth, be, and the same is hereby annexed to the City of Aurora, Illinois.
Section Six: That the corporate limits of the City of Aurora, and the same are, hereby extended to include the territory hereby annexed to the City of Aurora, Illinois.
Section Seven: That the City Clerk of the City of Aurora is hereby authorized and directed to file with the applicable County Recorder of Deeds a certified copy of the Ordinance, together with an accurate plat of the territory annexed, which plat shall be certified as to its correctness and attached hereto as Exhibit “B”.