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TO: Mayor Richard C. Irvin
FROM: Patrick Collins, Assistant Corporation Counsel
DATE: August 27, 2024
SUBJECT:
The State of Illinois's return of 10 acers of property to the City.
PURPOSE:
To authorize the acceptance of 10 acres of real property adjacent to the Aurora Municipal Airport from the State of Illinois.
BACKGROUND:
In 1990, the City and the Illinois Department of Military Affairs exchanged 5.7 acres of property at Phillips Park for 10 acres at the Aurora Municipal Airport. Under the terms of the exchange, the State required was to utilize the parcel for National Guard purposes within 10 years or transfer the property back to the City. The State never developed the property as it had intended and now desires to return it to the City.
DISCUSSION:
The General Assembly passed a law earlier this year specifically authorizing the transfer of the 10 acres to the City, which the Governor recently signed. Though the State requires no renumeration in exchange for the property, there are various ministerial tasks associated with the transfer that the City Council must authorize the City's officers and employees to undertake. The purpose of this ordinance is to confer that authorization.
IMPACT STATEMENT:
Approval of this ordinance will allow the City's officers and employees to accept, on behalf of the City, the return of the property from the State and perform all incidental tasks related thereto.
RECOMMENDATIONS:
That the Council approve this Ordinance.
CITY OF AURORA, ILLINOIS
ORDINANCE NO. _________
DATE OF PASSAGE ________________
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An Ordinance authorizing the acceptance of approximately ten acres of real property in Sugar Grove Township from the State of Illinois by quit claim deed.
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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 State of Illinois, through its Department of Military Affairs acquired approximately 10 acres of real property from the City of Aurora in or about 1990 for military purposes; and
WHEREAS, the State of Illinois was unable to use such property or the aforementioned purposes; and
WHEREAS, Public Act 103-731 authorizes the Adjutant General of the National Guard, on behalf of the State and its Department of Military Affairs to transfer such property, as legally described therein, to the City upon the Adjutant General's determination that such property is no longer required for military purposes; and
WHEREAS, the Adjutant General has determined such property is no longer required for military purposes and wishes to convey such property to the City of Aurora; and
WHEREAS, the City Council wishes to accept the conveyance of such property on behalf of the City of Aurora;
NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Aurora, Illinois, as follows: that the Mayor, individually and through the administrative service, shall be and hereby is authorized and directed to take such actions necessary to accept the conveyance of the property legally described in Public Act 103-731 from the State of Illinois on behalf of the City, and the Mayor may, upon presentation, affix his signature to a quitclaim deed prepared by the State of Illinois evidencing the City's acceptance of such conveyance; and further
BE IT ORDAINED that the Mayor, individually and through the administrative service, shall be and hereby is authorized and directed to see to the recording of such quit claim deed with the Recorder of Kane County.