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TO: Mayor Thomas J. Weisner
FROM: Blanca Dominguez, Asst. Corp. Counsel
DATE: December 11, 2014
SUBJECT:
Resolution allowing the Mayor to execute an agreement to accept the donation of real property located at 922 Garfield Avenue, Aurora, Illinois
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 aforementioned property sustained significant fire damage that occurred in December of 2013. The City issued a notice, pursuant to Section 11-31-1 of the Illinois Municipal Code, requesting that the parties with interest in the property either repair or demolish the property to avoid the City filing a court action for demolition. After consideration of various options, including rebuilding, 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 922 Garfield Avenue is one of the properties that has fallen into a state of disrepair because of fire damage 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 accomplish its goal of addressing the unsafe and dangerous conditions at abandoned and blighted properties, such 922 Garfield Avenue, 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 December 23, 2014 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 Peters, 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 922 Garfield Avenue, 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 receiving and the Owners are interested in donating real estate known as 922 Garfield Avenue, Aurora, Illinois, with a PIN 15-21-301-004; and
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 for the donation of the property located at 922 Garfield Avenue, 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.
PASSED AND APPROVED on ______________.
AYES ____ NAYS ____ NOT VOTING ____ ABSENT ____
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Alderman Bohman, Ward 1 Alderman Garza, Ward 2
____________________________ __________________________
Alderman Mesiacos, Ward 3 Alderman Donnell, Ward 4
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Alderman Peters, Ward 5 Alderman Saville, Ward 6
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Alderman Hart-Burns, Ward 7 Alderman Mervine, Ward 8
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Alderman Bugg, Ward 9 Alderman Johnson, Ward 10
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Alderman Irvin, At Large Alderman O'Connor, At Large
ATTEST:
____________________________ __________________________
City Clerk Mayor
Exhibit A--Donation Agreement; Exhibit B--Quit Claim Deed