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TO: Mayor Thomas J. Weisner
FROM: Chuck Nelson
DATE: March 25, 2016
SUBJECT:
Resolution allowing the Mayor to execute an agreement to accept the donation of real property located at 1126 S. Fourth Street, Aurora, Illinois
PURPOSE:
To obtain authorization for the Mayor to execute the agreement that will allow Mrs. Genoveva Menendez to donate 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 property located at 1126 S. Fourth St., Aurora, Illinois was the subject of a repair or demolition action, pursuant to 11-31-1 of the Illinois Municipal Code. After receiving service of the Summons and Complaint filed by the City, the two (2) bank lienholders of record released their interest in the property. Mrs. Menendez is elderly and now permanently resides in Wisconsin and has expressed no desire to return to Illinois. Mrs. Menendez, the sole owner of the abandoned property has determined that donation of the property in her best interest.
DISCUSSION:
As a result of the economic problems affecting the housing market and the unprecedented number of foreclosure actions filed by various financial institutions, multiple properties within the city limits have been vacated and/or have become unsafe due to a lack of maintenance. The City has identified various such properties 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 1126 S. Fourth St. is one of the properties that have 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 as 1126 S. Fourth 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 demolition of the property may fall under the Blight Reduction Grant Program awarded to the City in June of 2015 by the Illinois Housing Development Authority, further minimizing the impact to the City and maximizing overall positive effect on surrounding community.
RECOMMENDATIONS:
Property Standards Division requests that the Resolution be placed on the agenda of the Finance Committee Meeting to be held on April 12, 2016 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
CITY OF AURORA, ILLINOIS
RESOLUTION NO. _________
DATE OF PASSAGE ________________
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A Resolution Authorizing the Mayor to Execute an Agreement and All other Necessary Documentation to Accept the Donation of Real Estate Known as Property Located at 1126 S. Fourth 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 1126 S. Fourth Street, Aurora, Illinois, with a PIN 15-34-110-020; and
WHEREAS, it is the intent of the Parties to execute the Donation Agreement and Quitclaim Deed attached hereto as Exhibits A and B to accept the donation of the aforementioned property by owner 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 and Quitclaim Deed with Mrs. Genoveva Menendez for the donation of the property located at 1126 S. Fourth Street, Aurora, Illinois. Additionally, Chuck Nelson, Property Standards Interim Director, and/or Alayne Weingartz, Corporation Counsel, or their designees, 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.