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TO: The Honorable Mayor and City Council
FROM: Law Department
DATE: May 12, 2020
SUBJECT:
Authority of the City Engineer to accept dedications of easements and rights-of-way on behalf of the City.
PURPOSE:
To streamline the process of accepting dedications of rights-of-way or easements by the City.
BACKGROUND:
From time-to-time, the owner of real property may need to dedicate rights-of-way or easements to the City so that the City may use the property for public roadways, utilities, or other infrastructure. Such dedications are commonly made pursuant to development agreements, plat approvals, or provisions of the City Code that contemplated the dedication of the property to the City as a lawful condition of legislative action by the City Council desired by the property owner.
Consistent with Section 11-105-01 of the Illinois Municipal Code, the City Council has accepted these dedications by resolution on an individual basis. These acceptances while both routine and perfunctory, require staff to prepare a cover memo, resolution, and supporting materials each time the City desires to accept a dedication - even though the City Council has, in nearly every case, previously authorized the action which has led to the proposed dedication. This process slows acceptance of the dedication by a minimum of two weeks.
DISCUSSION:
In the exercise of its home rule powers, the City Council can confer upon the City Engineer, a sworn officer of the City, the limited authority to accept dedications of rights-of-way and easements when their dedication was contemplated by a previous act of the Council or when the dedication is required by law or ordinance.
IMPACT STATEMENT:
If approved, the ordinance would eliminate an unnecessary "double-approval" requirement and conserve staff resources.
RECOMMENDATIONS:
That the Council approve the ordinance.
CITY OF AURORA, ILLINOIS
ORDINANCE NO. _________
DATE OF PASSAGE ________________
title
An Ordinance creating Sect...
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