===== PDF PAGE 68 ===== [Extraction: OCR (rendered-page OCR)] CITY OF WEST CHICAGO DEVELOPMENT COMMITTEE AGENDA ITEM SUMMARY ITEM TITLE: AGENDA ITEM NUMBER: _ @: G. McAuley School FILE NUMBER: COMMITTEE AGENDA DATE: 9/9/19 COUNCIL AGENDA DATE: STAFF REVIEW: SIGNATURE APPROVED BY CITY ADMINISTRATOR: SIGNATURE ITEM SUMMARY: At its September 4 and October 1, 2018 meetings, Diane Ferguson approached the City about working with School District 33 to convey ownership of McAuley School ultimately to the West Chicago Historical Society. Since that time, the attorneys from the School District and the City have discussed if such a transaction is possible and, if so, the process for accomplishing it. Attached are two emails from the City Attorney answering both questions. If the Development Committee is interested in participating in this transaction, the draft Resolution that is attached will be presented to the City Council. STAFF RECOMMENDATION: Consideration of the request to work with District 33 to transfer ownership of McAuley School ultimately to the West Chicago Historical Society. COMMITTEE RECOMMENDATION: ===== PDF PAGE 69 ===== [Extraction: OCR (rendered-page OCR)] Michael Guttman ane From: Patrick Bond Sent: Tuesday, August 20, 2019 4:20 PM To: Michael Guttman Subject: Re: McAuley School Attachments: McAuley School Resolution.doc Michael: As I indicated to you previously, the conveyance of the McAuley School property can be accomplished under the School Code, Municipal Code and the Local Government Property Transfer Act. There is a process to doing so. The process is initiated by the City formally declaring, by way of Resolution, its interest in acquiring the property and the Public Use intended for that property. Thereafter, the School Board would adopt a similar Resolution indicating a desire to convey the property. Each unit of government thereafter would prepare an Ordinance authorizing, respectively, the purchase and sale of the property and authorizing the execution of a Purchase and Sale Agreement outlining the details of the transaction. Thereafter, the City would need to declare the property surplus and authorize the sale of the property. In that Ordinance authorizing the sale of the property, the City Administrator would be directed to take the necessary steps to sell the property. [have prepared the Resolution in connection with the first step in the process expressing the City's interest in acquiring the property. I have attached hereto a draft copy of that Resolution for your review and consideration. Once you approve the language in the Resolution, kindly advise and I will forward the draft Resolution to the Attorney for School District 33 for his review and consideration. Thereafter, the matter can be placed on the appropriate Committee and subsequent City Council Agenda. Should you have any questions regarding this matter, please feel free to contact me. Regards, Pat Bond Patrick K. Bond Bond, Dickson & Conway 400 S. Knoll Street, Unit C Wheaton, IL 60187 Ph: (630) 681-1000 Fax: (630) 681-1020 On Mon, Jun 24, 2019 at 12:33 PM Michael Guttman wrote: Thank you. ===== PDF PAGE 70 ===== [Extraction: OCR (rendered-page OCR)] From: Patrick Bond Sent: Monday, June 24, 2019 11:22 AM To: Michael Guttman ; Linda Martin | Subject: Re: McAuley School Michael: I have been in contact with the Attorney for the School District. He is to provide me with the procedures for the School Board to approve the conveyance of the Property to the City. Under the School Code, unless the Property is conveyed to another unit of government, there is an entirely different legal process. Given the fact that the Property will be transferred to the City, the conveyance occurs without any further process in accordance with the Local Government Property Transfer Act. 50 ILCS 605/1 et seq. Under the Illinois Municipal Code, the City has the right to sell or transfer surplus municipal property. The statute 65 ILCS 5/11-76-4.1, allows the City Council, once the 2/3rds majority declare the Property surplus, to authorize the City Administrator to sell the Property with whatever conditions are deemed in the best interests of the City. This would allow you to sell the Property, essentially to a sole purchaser, by virtue of the fact that the City will impose specific conditions such as the Property remain open and available to the Public, the structure on the Property be restored, etc. With these types of specific restrictions, there will not be another interested Party to purchase Property, nor would it be subject to acquisition by a Developer. As soon as I receive the information from the School District, I will advise you as to their timeline for the conveyance and I will send you the draft Resolution declaring the Property surplus and authorizing the disposition of the Property with specific conditions. You can, thereafter, determine the timeline for the City for the City Council to take action. Should you have any questions regarding this matter, please feel free to contact me. Regards, Pat Bond ===== PDF PAGE 71 ===== [Extraction: OCR (rendered-page OCR)] RESOLUTION NO. 19-R-0040 A RESOLUTION DECLARING IT NECESSARY OR CONVENIENT FOR THE CITY OF WEST CHICAGO TO ACQUIRE, IMPROVE, OCCUPY OR USE CERTAIN REAL PROPERTY OWNED BY WEST CHICAGO ELEMENTARY SCHOOL DISTRICT 33, COMMONLY KNOWN AS MCAULEY SCHOOL WHEREAS, the City of West Chicago (hereinafter referred to as the “City”) is a body politic and corporate, organized and existing pursuant to the Illinois Municipal Code, 65 ILCS 5/1-1-1 et seq.; and WHEREAS, Article VII, Section 6, of the Constitution of the State of Illinois of 1970, provides that municipalities of more than twenty five thousand (25,000) in population are home rule units and, subject to the specific limitations of Illinois law, may exercise any power and perform any function pertaining to its government and affairs; and WHEREAS, the City has a population in excess of twenty-five thousand (25,000) and is a legally recognized Illinois home rule municipality; and WHEREAS, the City possesses the authority, pursuant to the Illinois Municipal Code, 65 ILCS 5/1-1-1 ef seq., to adopt ordinances and pass resolutions pertaining to the public health, safety, welfare, and government functions; and WHEREAS, the City Council of the City (hereinafter referred to as the “City Council”) is the corporate authority for the City and is authorized by law to exercise all powers provided for thereby and to control the affairs of the City; and WHEREAS, the City Council possesses full power and authority to approve and pass dll necessary ordinances, resolutions, rules and regulations necessary for carrying into effect the objects for which the City was formed, in accordance with the Illinois Municipal Code; and WHEREAS, West Chicago Elementary School District 33 (hereinafter referred to as the “School District”) is the owner of certain real property located at 31W701 Roosevelt Road, West Chicago, DuPage County, Illinois and commonly known as McAuley School (hereinafter referred to as “McAuley School’); and WHEREAS, McAuley School is within the municipal boundaries of the City; and WHEREAS, McAuley School, which bears the name of Walter McAuley, a local Civil War Veteran who generously donated the Property on which McAuley School is now located; and has been designated a National Landmark Building; and WHEREAS, McAuley School is believed to be the oldest One Room School House still existing in DuPage County; and ===== PDF PAGE 72 ===== [Extraction: OCR (rendered-page OCR)] WHEREAS, over the years, McAuley School has fallen into a state of disrepair and is one of “The 10 Most Endangered Historic Places in Illinois”, as determined by Landmarks Illinois; and WHEREAS, the City is interested in acquiring, improving, using and preserving McAuley School, which Parcel is legally described in Exhibit A, attached hereto and incorporated herein by reference and WHEREAS, the City desires to preserve the historic heritage of the City by having McAuley School restored to share the history of the area with future generations; and WHEREAS, the West Chicago Historical Society is a local not-for-profit Organization with a mission to preserve and restore the history of the City; and WHEREAS, the West Chicago Historical Society is seeking to restore and maintain the 162 year old McAuley School House; and WHEREAS, a group of concerned Citizens, in conjunction with the West Chicago Historical Society, have expressed an interest and the ability to secure the requisite funds to restore McAuley School to its original condition, which will then be used for historic and educational purposes; and WHEREAS, said preservation organization has indicated it has the capability to raise the necessary funds to restore McAuley School, without imposing any additional cost to the City for the restoration of McAuley School; and WHEREAS, the City and the School District are municipalities within the meaning of the Local Government Property Transfer Act, 50 ILCS 605/1.01 et seg.; and WHEREAS, the School District has indicated that it would be interested in conveying McAuley School to the City in furtherance of an effort to restore the historic school house; and WHEREAS, the City seeks to express to the School District its desire to acquire McAuley School; and WHEREAS, the City Council of the City of West Chicago has determined that it is necessary and useful and in and for the public interest and public purposes for the City to acquire McAuley School in order that it can be restored and preserved; and WHEREAS, the City would thereafter enter into a certain Purchase and Sale Agreement with the School District, which Agreement will provide for acquisition of McAuley School by the City. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of West Chicago, DuPage County, Illinois, in regular session assembled as follows: Section 1. The recitals set forth above are incorporated herein and made a part of this Resolution. ===== PDF PAGE 73 ===== [Extraction: OCR (rendered-page OCR)] Section 2. The City Council hereby declares that it is necessary and convenient for the City to acquire, improve, restore and preserve McAuley School as a site for a historic one room School House, for use as part of the City’s historic preservation. Section 3. That the Attorney and Staff of the City are hereby authorized to take the necessary steps to communicate to School District the desire of the City Council to acquire title to McAuley School described herein, after determining that the title to the Property is in proper order, and to pay any and all costs related thereto. Section 4. That all resolutions and ordinances, or parts thereof in conflict with the provisions of this Resolution are, to the extent of such conflict, hereby repealed. Section 5. That this Resolution shall be in full force and effect from and after its adoption, approval and publication in pamphlet form as provided by law. PASSED this day of September 2019. Alderman J. Beifuss Alderman L. Chassee Alderman J. Sheahan Alderman H. Brown Alderman A. Hallett Alderman M. Ferguson Alderman M. Birch-Ferguson Alderman S. Dimas Alderman K. Swiatek Alderman M. Garling Alderman R. Stout Alderman J. Short Alderman N. Ligino-Kubinski Alderman B. Gagliardi APPROVED as to form: City Attorney APPROVED this day of September 2019. Mayor Ruben Pineda ATTEST: Nancy M. Smith, City Clerk PUBLISHED: September , 2019