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TO: Mayor Thomas J. Weisner
FROM: Bill Wiet, Chief Development Officer
DATE: June 20, 2016
SUBJECT:
An Ordinance Authorizing an Intergovernmental Agreement between the City Of Aurora and the Fox Valley Park District Regarding Land Conveyance of Certain Parcels (Fox Valley Park District - 16-00607 / AU22/2-116.098-AG/IGA - SP)
PURPOSE:
Attached is an ordinance authorizing the execution of an intergovernmental agreement with the Fox Valley Park District to convey certain parcels to the Fox Valley Park District in exchange for the acceptance of certain parcels from the Fox Valley Park District by the City of Aurora.
BACKGROUND:
The Intergovernmental Agreement proposes a mutually beneficial swap of lands with the Fox Valley Park District. The land swap consists of the following:
The Fox Valley Park District will convey the Eastbank Fox River Trail south of RiverEdge Park Parcels, the 429 Rathbone Ave and adjacent Sard Ave Parcels, a portion of the 712 S River Street Parcel, the Hinkley and Parker Parcels, the Ashland and Douglas Parcels, and the
Lincoln Park Parcels to the City of Aurora. The Fox Valley Park District will make certain mutually agreed to improvements to the Fox River Trail parcels including but not limited to lighting, pathway overlay, and retaining wall repair. Additionally, the Fox Valley Park District agrees to waive the existing provisions and expand the ability for the City to detour the eastbank Fox River Trail for events at RiverEdge Park.
In exchange the City of Aurora will convey the 14 Blackhawk Parcels, and the Orchard and Prairie Parcels to the Fox Valley Park District. The City of Aurora agrees to waive the right to recapture the Indian Trail Road Improvement costs from the Fox Valley Park District. Additionally, the City of Aurora agrees to make best efforts to purchase the Northgate Park Parcels, and if successful, will convey to the Fox Valley Park District.
The swapping of these parcels of land, the improvements, and waivers between the two governmental bodies is mutually beneficial and will allow the Fox Valley Park District to promote its mission of providing park space to the citizens of Aurora; and will allow the City to peruse public works projects and redevelopment efforts in the city.
DISCUSSION:
Staff has reviewed the Intergovernmental Agreement and the document meets all of the applicable codes and ordinances.
IMPACT STATEMENT:
The Development Services Department would anticipate that this project will increase the City’s overall tax base and viability by facilitating investment and development which will offset any incidental Department or staffing impacts.
RECOMMENDATIONS:
Staff would recommend APPROVAL of the Ordinance Authorizing an Intergovernmental Agreement between the City Of Aurora and the Fox Valley Park District Regarding Land Conveyance of Certain Parcels.
cc: Alderman Hart-Burns, Chairman
Alderman Bugg
Alderman Franco
Alderman Mervine, Alternate
CITY OF AURORA, ILLINOIS
ORDINANCE NO. _________
DATE OF PASSAGE ________________
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An Ordinance Authorizing an Intergovernmental Agreement between the City Of Aurora and the Fox Valley Park District Regarding Land Conveyance of Certain Parcels
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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 (hereinafter “CITY”) and Fox Valley Park District (hereinafter “FVPD”) are each legal entities organized and existing under the laws of the State of Illinois, having among their powers the authority to contract with one another to perform the undertaking described herein; and
WHEREAS, the CITY and FVPD are public agencies within the meaning of the Illinois Intergovernmental Cooperation Act as provided for in 5 ILCS 220/1, et seq.; and
WHEREAS, the purpose of the Intergovernmental Cooperation Act and Article 7, Section 10 of the 1970 Constitution of the State of Illinois include fostering cooperation among units of local government in planning and providing services to their constituents; and
WHEREAS, the CITY and FVPD seek to enter into an Intergovernmental Agreement in order to facilitate the conveyance of certain parcels to the Fox Valley Park District in exchange for the acceptance of certain parcels from the Fox Valley Park District by the City of Aurora; and
WHEREAS, the City Council of the City of Aurora has determined that it is in the best interest of the City and its residents to enter into this Agreement; and
WHEREAS, the City Council has reviewed and approved the attached Intergovernmental Agreement.
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 City Council of the City of Aurora hereby authorizes and directs the Mayor and the City Clerk to enter into the Intergovernmental Agreement with the Fox Valley Park District attached hereto as Exhibit “A” and made a part hereof, and to convey and accept the conveyance of real estate as described therein.