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TO: Mayor Irvin and the City Council
FROM: Law Department
DATE: January 2, 2020
SUBJECT:
Modification of an agreement between the Aurora Public Library and School District 129 pertaining to the responsibilities of the same with respect to the real property constituting Washington Middle School and the West Branch of the Aurora Public Library.
PURPOSE:
To authorize the supersession of a 1995 agreement setting forth the responsibilities of the Aurora Public Library and School District 129 to reflect changes in the ownership, maintenance, and operation of the real property constituting the West Branch of the Aurora Public Library.
BACKGROUND:
In 1995, the City, on behalf of the Library, entered into an intergovernmental agreement with District 129 to permit the library to construct and operate a branch location (West Branch) on the property of Washington Middle School. Because a municipal library is not considered a unit of local government under Illinois law, the City was a required party to the agreement, even though the agreement did not impose any duties on the City. The construction of the West Branch is now complete and the District has conveyed the real property beneath the West Branch to the Library.
The District and the Library now wish to reallocate responsibilities among themselves to provide for the ongoing supervision, security, and costs of operating and maintaining the middle school and the West Branch which are physically connected to each other and use the same parking facilities. The District and the Library have agreed to an allocation of these duties, but because the 1995 intergovernmental agreement included the City as a party, the City's assent is required to ratify the changes. These changes impose no rights nor responsibilities on the City.
In addition to authorizing the proposed changes, the resolution also requests, authorizes, and consents to the removal of the City as a party to the agreement if the Library becomes a Pu...
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