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Home My WebLink AboutORDINANCES-1976-050-O-76., 6/1/76 50-0-76 AN ORDINANCE Creating Article XVII of Chapter 2 of the Code Relating to Sales and Purchases by the City WHEREAS, the City Council of the City of Evanston is desirous of organ- izing and establishing the methods by which the city, may obtain and dispose of property; and WHEREAS, the City of Evanston is a home rule unit of government with the powers attendant to such status as granted by the Constitution of the State of Illinois, 1970; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF EVANSTON, COOK COUNTY, ILLINOIS: SECTION 1: That Chapter 2 of the'Code of the City of Evanston, 1957, as amended be here.by further amended by adding thereto Article XVII consisting of Sections 2-240. through 2-247 which sections shall read as follows: "Article XVII. Purchase and Sale of Property -- Real and Personal Section 2-240. Rationale. The City of Evanston, a home rule unit of government, in an effort to codify the methods by which the City shall acquire and dispose of property both real and personal does hereby exercise its home rule powers relating to internal matters and adopts and establishes this article controlling such transactions. Section 2-241. Purchases of Goods as Services in Excess of $1500. All contracts for the purchase of goods as services in excess of $1500, to be utilized in the conduct of the affairs of the city shall be let by the city manager, with the approval of the City Council to a reliable, responsible, and acceptable bidder after advertising for the same, and bonds to be approved by the City Council may be taken for the _ U ..,�:" .. ...... ' 1. �'=•! �. . ate. `i a -2-. 50-0-76 • faithful performance thereof. The City Manager, with the approval of the City Council, may reject any or all bids, or may award the contract to a bidder other than the lowest bidder if it should be determined that such action would be in the best interests of the City. Provided, howeve.r, that any such contract may be entered into by the proper officers without advertising for bids upon the authorization of the City Council by a vote of two-thirds of all the Aldermen elected. This provision shall not ap- ply to contracts for work, material, or supplies to be paid in whole or in part by special assessment. Section 2-242. Leases of Eq.uipment--City as Lessee. All contracts for the lease of equipment to be utilized in the con- duct of affairs of the city requiring an expenditure in excess of two thousand dollars per annum, wherein the'city shall be the lessee, shall be submitted for approval by the City Council upon the application of the • city manager. Section 2-243. Sale or Disposition of Personal Property. a) Whenever there exists in the municipal inventory an item or lot of items of personal property, determined to have a valu.e of less than one thousand dollars.($1000) which shall be determined by the city manager, to be no longer necessary, practical, or economic to be retained by the city or which shall be determined to be with- out trade-in value on new equipment, the city manager.shall report such finding to the city council and shall proceed to dispose of such property by sale in accordance with the provision of subsection i) hereof: i) Method of Disposition. Upon the findings and submission of the report hereinbefore • required the city manager shall cause to be advertized in a promine.nt place within the city a written notice of intent to ., '... �i`, .-r. �'.•��. j'r' �..: ♦.'jn .. ,:�F-.: ..�•+.'` \".: w.�'. _4"r.•,r� :.'M..�c-_'', ri �� .J-,..;,f.: \. w'` F v-•'Mi %^.!••~ . ✓YC.. ...N.y4, '. 4+i'M;f.ry n„4 ♦+..` .�; .• � ...:. +. •• �. ....♦: i.. •... ..f .. .. ::'.'♦ ;: :;•'.: - v . ` r•Y .,; Y�.. :.:' � v♦' ..,A. .err :i'J''•+- .:. ' ; :... ;x.; .J .:,*� vC..y'J il...• :5 �•. +'� ''J�`Yv'.• ♦!'Rrw' fv♦. :'/ v V ;,`� r-1 L_A 50-0-76 -3- take bids for the sale of specifically identified items or lots of similar items of property to be offered for sale upon a date certain, at least fifteen (15) days prior to the date of the proposed sale. The city manager or his designee shall receive written proposals for the purchase of such property and shall sell such items to the highest acceptable bidder for cash. Any or all bids received may be rejected in the event such bid is deemed to be less than the fair market value for such item or contrary to the best interests of the City. Delivery of such items shall be executed at the sites.of the sale, upon payment, and the property shall be removed by the purchaser thereof upon completion of the sale. ii) In the event property thus offered is not sold, the city manager shall cause such property to be disposed of for such salvage or conversion value as can be obtained, or failing disposition for salvage value in the manner most convenient, expedient, and in the best interest of the city. iii) Upon final disposition of such property, the proceeds if any, shall be deposited to the general fund and a report of the transaction submitted to the city council. b) Items of personalty exceeding $1000 The disposition of personal property valued in excess of $1000 by singular item or lot of similar items shall be by ordinance author- izing the city manager to sell such goods, upon terms and condition deemed reasonable, necessary and in the best interests of the city. The actual sales price of any item shall not be deemed to con- trol the method of disposition and the determination of the city manager shall be deemed controlling. The city manager shall use the best available information in assessing the value of any item proposed to be sold. i ' � ,V ', .. r'::•:.. ..'.,.,., .� .; •... �i. ,- 'v: :, � � ",. r•��^•1•. `:"...rrr r ;:.n.l.r.;��'r!�' ;.,t. 0 • 50-0-76 -4- Section 2-244. Sale or Lease of Real Property. Duration of Lease. The city council may lease real estate for any term not exceeding 99 years or to convey real estate when, in its 'opinion, such real estate is no longer necessary, appropriate, required for the use of, or not profitable to, or for the best interest of the city. This power shall be exercised by an ordinance passed by a three fifths vote of the elected aldermen of the city then holding office at any regular or any special meeting called for that purpose. The city council may by resolution authorize any municipal.officer to make leases for terms not exceeding two years_. Section 2-24 5. Ordinance Directing Sale or Lease, An ordinance directing the sale or lease of real estate for any term in excess of 20 years shall specify the location of real estate, the use thereof and such conditions with respect to the.use of real estate as the city council may deem necessary and desirable in the public interest. Before the city council may make a sale, by virtue of such an ordinance, notice of the proposal to sell shall be published once each week for three successive weeks in a daily or weekly newspaper in the city. The first publication shall not be less than 30 days before the day provided in the notice for the opening of bids for real estate. The notice shall contain an accurate description of the property, state the purpose for which it is used and at what meeting the bids will be considered and opened and shall advertise for bids therefor. The notice shall also contain the conditions with respect to future use, if any, upon which the sale shall be predicated. All such bids shall be opened only at a regular meeting of the city council. The city council may accept the high bid or any other bid determined to be in the best interest of the city by a three -fifths vote of the elected aldermen then holding office and may reject any and all bids. The consideration for such a sale may H • %'\` J'-. � .�'.1.. v �:� ...L••1��..•. �7.y^N.4�: - SY tn••°..: .�'w .:.'ka •Y•. . d.�. 5'' Jd'•a y . #a }� - 5- • include but need not be limited to the provisions of off-street parking by the purchaser, which parking facilities may be made part of the municipal parking system. Such consideration also may include the pro- visions of other public facilities by the purchaser. Before the corporate authorities of the city make a lease of real estate for a term in excess of 20 years, they shall give notice of intent to adopt such an ordinance. The notice must be published at least once in a daily or weekly newspaper published in the city. The publication must be not less than 15 nor more than 30 days before the date on which it is proposed to adopt such an ordinance. The notice must contain an accurate description of the property, state the purpose for which it is used and the restrictions upon the proposed use of the property to be leased. The corporate authorities may negotiate the consideration and terms of such lease. Such consideration may include the provision of off-street parking facilities by.the lessee, which parking facilities may be made part of the municipal parking system. Such consideration also j may include the provision of other public facilities by the lessee on the M w real estate acquired. The corporate authorities may contract with the lessee for the use of,a portion of a structure or improvement to be con- structed on the real estate leased. Nothing in this Section prevents the city council from determining to sell or lease such property to the highest responsible bidder. Section 2-246. Sale or Lease of Real Property to .a Municipal Corporation. The City Council may provide for the disposition of real property,. by sale or lease for a term of years not to exceed ninety-nine years to a municipal corporation whose boundaries are co -extensive with or par- tially within and partially without the corporate limits of the City of Evanston. In such instance the City Council shall provide for such dis- position by ordinance passed by a three -fifths (3/5.) majority of the - :n �w.�. • 0 • 50-0-76 aldermen then holding office, at a regular or special meeting of the City Council called for that purpose, when it is found that the subject property is no longer necessary, convenient, profitable, or in the best interest of the City to be retained. An ordinance providing for the transfer of the propery to another municipal corporation shall specify the location of the property, the current use thereof, and such conditions or restrictions with respect to the sale and subsequent use thereof as the City Council may deem necessary, desirable, or in the best interest of the City. Said ordinance may provide for reverter in the event that the conditions or re- strictions imposed are not fulfilled. Section 2-247. Deed of Conveyance. When the ordinance has been adopted and the consideration paid or secured, the mayor and the city cleric may convey the real estate and transfer it, by proper deed of conveyance, stating therein the consider- ation therefor, with the seal of the city." SECTION 2: All ordinances or parts of ordinances in conflict herewith are hereby repealed. SECTION 3: This ordinance shall be in full force and effect from and after its passage and approval in the manner provided by law. Introduced 1976 Adopted 2 G 1976 Approved ,7V k r 2, ATTEST: City Approved as to form: /s ST Corpora Counsel `Mayor \,$7RcTaM , 1976