cover
TO: Mayor Thomas J. Weisner
FROM: Bill Wiet, Chief Development Services Officer
DATE: September 19, 2014
SUBJECT:
To approve a municipal boundary agreement between the City of Aurora and the City of Naperville for the purposes of future annexations, and also provide for an agreement on near term and long term public works projects of mutual community benefit..
PURPOSE:
The purpose of approving boundary agreements with neighboring municipalities allows each respective community to adequately plan for future growth, and fund necessary improvements in anticipation of meeting the needs of properties being annexed in the future. Development can then be based upon sound financial, land use and transportation planning.
BACKGROUND:
The City has had boundary agreements in place for its neighboring communities. Aurora approved a jurisdictional boundary agreement with Naperville in November of 1994. Boundary agreements have a life of 20 years, thus the agreement is set to expire in Mid-November. Both staffs from Aurora and Naperville have discussed the past agreement and have put forth together a recommended agreement and plan for the next 20 years.
DISCUSSION:
The boundary line as drawn in the 2014 agreement is primarily the same line as from the 1994 agreement, with the one exception being the area north of the tollway. In 1994 an unincorporated area generally east of Eola Road and south of Bilter Road remained in 1994 as a "self- determination area". That is, Both Aurora and Naperville could have annexed properties in this predominantly residential area (although it could be designated as Office/Research/Industrial in the future) without objection. A couple of parcels were annexed into Aurora during this time, and the revised boundary reflects a line drawn from those annexed parcels south toward the tollway as being in Aurora's future annexation territory. The City of Naperville will then have the ability to annex the parcels east of this line. Once the boundary line crosses south of the tollway, the line remains the same as in 1994.
Also, as is typical in annexation agreements, mutual cooperation on projects sharing common borders are often called out. In the case of the agreement with Naperville, action plans regarding several RR grade crossings were agreed to in 1994. Some projects have been completed, and there have been some that have been revisited for this proposed agreement. The North Aurora Road widening project at the Canadian National RR crossing has been a project both communities have agreed to move forward on. The City pursuant to the agreement, as well as Naperville Township and the City of Naperville, will acquire the properties necessary to provide for the additional lanes. An acquisition budget line item is in the 2014 City budget ($300,000) and the City will pursue the acquisitions upon approval of this agreement. Also, Aurora agrees to share in the costs of the Phase II engineering for the widening project, with the City's share being $400,000 in 2015, and $400,000 in 2016. CIP's have been drafted for these expenditures for presentation for the 2015 budget. The actual construction phase of the project will be dependent on future grant funding, and by mutual consent by both municipalities.
Aside from the North Aurora Road project, mention is made of RR crossings at both Commons Drive and 95th Street, similar to the 1994 agreement, but any progress on these future projects will be by mutual consent, with no funding commitments at this time.
Aurora staff has been meeting regularly and will continue meeting with Naperville staff to share information on projects along its mutual boundary. This is spelled out in the agreement as well. Aurora staff will next be reviewing agreements with other adjoining municipalities in the future.
IMPACT STATEMENT:
Oftentimes boundary agreements spell out projects of mutual cooperation. The North Aurora Road widening project will have a financial responsibility for the City of Aurora to acquire property and partially fund Phase II engineering. .
RECOMMENDATIONS:
It is therefore recommended to approve the attached boundary agreement between the City of Aurora and the City of Naperville.
cc: Alderman Saville, Chairman
Alderman Donnell
Alderman Irvin
Alderman Hart-Burns, Alternate
CITY OF AURORA, ILLINOIS
ORDINANCE NO. _________
DATE OF PASSAGE ________________
title
An Ordinance Authorizing the Execution of A Boundary Agreement Between the City of Aurora and the City of Naperville.
body
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, Illinois Municipal Code, 65 Illinois Compiled Statutes 5/11-12-9 (1992), authorizes the corporate authorities of municipalities who have adopted official plans to agree upon a line which shall mark the boundaries of the jurisdiction of each of the respective corporate authorities, and such agreement may also provide that each municipality shall not annex territory which lies within the jurisdiction of the other municipality, as established by such line; and
WHEREAS, the City of Aurora and the City of Naperville (collectively, the "Parties") have adopted official plans and are contiguous to one another at numerous locations, with said line being no more than one and one-half miles from each respective municipality; and
WHEREAS, the Parties did so adopt such an agreement on December 19, 1973(Aurora Ordinance 4365), and November 1, 1994 (Aurora Ordinance O94- 107) later revised November 15, 1994 (Aurora Ordinance O94-115) which former agreement expired by operation of law on December 19, 1993, and the later agreement is due to expire as of November 15, 2014, now desire to adopt a new Agreement similar thereto, with several non-substantive changes relating to the removal of certain accomplished or obsolete provisions and procedures, as well as the substantive revisions herein below described; and
WHEREAS, the parties desire to remove reference to the Diehl Road crossing improvements, which has been improved to an acceptable level to both Aurora and Naperville; and
WHEREAS, pursuant to Article VII, Section 10, of the Illinois Constitution of 1970, the Parties desire to include in such Agreement certain specific provisions relating to the improvement and grade crossing of those roadways named therein; and
WHEREAS, the Parties desire to re-enter into a jurisdictional boundary line agreement in the interest of the orderly and regular development of their respective communities; in the interest of encouraging and aiding the development of the unincorporated areas lying between their municipalities and in the interest of continuing a spirit of cooperation which will be in the best interests of both communities; and
WHEREAS, in arriving at this Agreement, both Parties have given consideration to the natural flow of storm water drainage, and when practical, have included all of any single tract having common ownership within the jurisdiction of one corporate authority; and
WHEREAS, it is in the best interests of the City of Aurora that said Agreement be entered into; and
WHEREAS, the City Council of the City of Aurora, after due investigation and consideration, has determined that entering into the Agreement will serve the public good, benefit the City of Aurora and be compatible with the future development of the City of Aurora;
NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Aurora, Illinois, as follows:
Section One: That the City Council hereby finds as fact all of the recitals contained in the preamble of this Ordinance.
Section Two: That the Mayor be and is hereby authorized and directed to execute, and the City Clerk be and is hereby directed to attest, the Boundary Agreement between the City of Aurora and the City of Naperville, a copy of which is attached hereto and made a part hereof.
Section Three: That this Ordinance is adopted pursuant to the provisions hereinbefore set forth; provided, however, that pursuant to Article VII, Section 6, of the Illinois Constitution of 1970, any limitation or provision of said statutory provision which is in conflict with this Ordinance, or in conflict with the provisions of the attached Boundary Agreement, is not applicable to said Ordinance or said Agreement to the extent of any such conflict and to the extent not otherwise preempted by law.
Section Four: That the City Clerk be and is hereby directed to file a certified copy of this Ordinance and attached Agreement, after execution by all parties, with the Recorder's Office in Du Page County and Will County, Illinois, and to make available for public inspection in the Clerk's office three (3) copies of the executed Agreement.
Section Five: That this Ordinance and the attached Agreement shall be in full force and effect after certified copies of this Ordinance and Agreement have been filed for record as provided for in Section Four of this Ordinance and as further provided by law.
Section Six: That all ordinances or parts of ordinances thereof in conflict herewith are hereby repealed to the extent of any such conflict.
Section Seven: That any Section or provision of this Ordinance that is construed to be invalid or void shall not affect the remaining Sections or provisions which shall remain in full force and effect hereafter.)
enter your resolution summary here.
PASSED AND APPROVED on ______________.
AYES ____ NAYS ____ NOT VOTING ____ ABSENT ____
ATTEST:
____________________________ __________________________
City Clerk Mayor
Attachments:
2014 Boundary Agreement
2014 Boundary Agreement Map
1994 Boundary Agreement
1994 Amended Boundary Agreement