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TO: Mayor Richard C. Irvin
FROM: Tracey M. Vacek, Senior Planner
DATE: August 8, 2023
SUBJECT:
An Ordinance Annexing of Jericho Road, being 1.24 acres, located at between S. Edgelawn and Athena Road to the City of Aurora, Illinois, 60506 (Village of Montgomery - 23-0582 / AU29/1-23.335-A - TV - Ward 5)
PURPOSE:
The Petitioner, Village of Montgomery, is requesting the Annexation of Jericho Road located between S. Edgelawn Drive and Athena Road.
BACKGROUND:
The City of Aurora and the Village of Montgomery approved an amendment to the Intergovernmental Agreement by Resolution R20-145 on July 28, 2020. As part of the Agreement, the Village of Montgomery agreed to de-annex Jericho Road right-of-way near S. Edgelawn Drive and the City of Aurora agreed to annex this portion of Jericho Road right-of-way. Early the year, the Village of Montgomery recorded the de-annexation this portion of the Jericho Road.
Therefore, the Village of Montgomery is now requesting the annexation of a portion of Jericho Road located between S. Edgelawn Drive and Athena Road, being 1.24 acres.
DISCUSSION:
Staff has reviewed the Annexation Ordinance petition and have determined that it meets the applicable codes and ordinances.
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.
11.1(5) To guide and promote development to areas where public utilities, public roads and municipal services are either available or planned.
11.1(3) To encourage new development contiguous to existing development.
RECOMMENDATIONS:
Staff recommends APPROVAL of the Ordinance Annexing of Jericho Road, being 1.24 acres, located at between S. Edgelawn and Athena Road to the City of Aurora, Illinois, 60506.
ATTACHMENTS:
Exhibit "A" Legal Description
Exhibit "B" Plat of Annexation
Exhibit "C" District Notice Mailing Affidavit
Legistar Number: 23-0582
cc:
Alderwoman Patricia Smith, Chairperson
Alderwoman Shweta Baid, Vice Chairperson
Alderman Michael B. Saville
Alderman William “Bill” Donnell
Alderman Carl Franco
CITY OF AURORA, ILLINOIS
ORDINANCE NO. _________
DATE OF PASSAGE ________________
title
An Ordinance Annexing of Jericho Road, being 1.24 acres, located at between S. Edgelawn and Athena Road to the City of Aurora, Illinois, 60506
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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, Village of Montgomery, 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 (65ILCS 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 of the terms of an Intergovernmental Agreement between the City of Aurora and the Village of Montgomery approved by Resolution Number R20-145 on July 28, 2020.
WHEREAS, the Village of Montgomery approved the disconnection of said territory from the Village of Montgomery by Ordinance No. 2007 on April 24, 2023; 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”, including the County Clerk (as election authority), the supervisor, clerk and all respective members of township board and the highway commissioner in any affected township, and the trustees of any fire protection district in which the Subject Property 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”.