Created: Wednesday, November 4, 2009 10:16 p.m. CST
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Batavia mulling new powers as home rule community

By ERIC SCHELKOPF - eschelkopf@kcchronicle.com
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BATAVIA – City officials are still weighing how they plan to use the city’s newly acquired powers as a home rule community.

But Batavia Mayor Jeff Schielke said he would like to see the city use its home rule powers to annually inspect multi-family complexes in the city. At least two apartment complexes in the city have frequent reports of criminal activity.

“Now we will have the power to do inspections,” Schielke said.

Home-rule status is obtained when a city reaches 25,000 people. A municipality also can achieve home-rule status through a referendum.

The city recently received notice from the Illinois Secretary of State’s Office that it is a home rule community, having reached a population of 25,264 as of June 2004 after a partial count of the city.

The U.S. Census Bureau had previously certified that the city has a population of 25,264, but the Secretary of State’s Office refused to recognize that status.

The Illinois Department of Revenue has been distributing sales tax to Batavia based upon the higher figure since the special census. The city was able to receive certification from the Secretary of State’s Office after passage of recent legislation which required the office to recognize the special census.

City Administrator Bill McGrath said the city’s new status as a home rule community is good news.

“It allows more flexibility in managing the affairs of the city,” McGrath said.

Other home rule communities in Kane County include St. Charles, Aurora and Elgin.

Non-home rule communities have only those powers granted to them by the state, while home rule communities have any authority which is not specifically prohibited by the state.

Aldermen would have to decide whether to use the city’s home rule status to increase taxes, Schielke said.

In April 2005, Batavia residents approved the addition of a half-cent sales tax to bring the city’s sales tax rate up to 7 percent.

The city sold bonds to fund the expansion of the city’s two fire stations, and are using the additional sales tax to pay off the bonds.

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