HomeMy WebLinkAboutORDINANCES-1982-001-O-82•
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1/6/82
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AN ORDINANCE
Amending Title 1, Chapter 17, Section 4
of the Evanston City Code, 1979, Relating
to the Lease or Sale of Real Property
WHEREAS, the City of Evanston, as a home rule unit under the
Illinois Constitution of 1970, may exercise any reasonaLle power and perform
any reasonable function pertaining to its government anc affairs; and
WHEREAS, determination of City Council vote requirements for
exercising certain powers relating to the sale and lease of real property
is a matter directly related to the government and affairs of the City of
Evanston.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
EVANSTON, COOK COUNTY, ILLINOIS:
SECTION 1: That Title 1, Chapter 17, Section 4-1 unnumbered
subparagraph 1 and Section 4-2 unnumbered subparagraphs 1, 2, 2(B), 2(B)(1)--ard
20)(2) of the Evanston City Code, 1979, as amended, are hereby further
amended by deleting the words "three -fifths (3/5)" wherever they appear
and substituting the words "two-thirds (2/3)", all other paragraphs to
remain the same. Said amended paragraphs shall read as follows:
1-17-4: SALE OR LEASE OF REAL PROPERTY:
1-17-4-1: LEASE OF REAL PROPERTY: The City Council may lease real
estate for any term not exceeding ninety nine (99) years
when, in its opinion, use of such real estate by the City is no
longer necessary, appropriate, required for the use of, profitable to,
or for the best interest of the City. On all such leases, this power
shall be exercised by an ordinance passed by a two-thirds (2/3) vote
of the elected Aldermen of the City then holding office at any regular
or any special meeting called for that purpose, However, the City
Council may by resolution authorize any municipal officer to execute
on behalf of the City leases of real property of the City for a term
not exceeding two (2) years and leases of parking for any term.
Leases of parking shall not apply to parking permits.
1-17-4-2: SALE OF REAL PROPERTY: The City Council may convey real
estate when i't is no longer necessary, appropriate, required for,the
use of, profitable to, or for the best interest of the City. This
sale may be by bid as provided in subsection (A) below, or by
negotiated purchase as proved in subsection (B). ;
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Such sale, whether by bid or by negotiated purchase must be approved by
an ordinance adopted by a two-thirds (2/3) vote of the elected Aldermen
? of the City then holding office at any regular or special meeting called
I� for that purpose. Such ordinance shall approve the conveyance and direct -
the appropriate municipal officials to take the steps necessary to
I� transfer title.
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(B) Conveyance by Negotiation: When said sale is to take place by
} negotiation, the following procedure shall be followed:
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1. The City Council must adopt an ordinance by a two-thirds (2/3)
vote of the elected Aldermen then holding office directing that
i the process to sell such property shall be a negotiated sale, and
naming the party to negotiate on behalf of the City.
2. The City Council shall receive the recommendation of the parties
negotiating and, if it concurs, shall direct the sale of said
property by adoption of an ordinance receiving the affirmative
votes of two-thirds (2/3) of the elected Aldermen as provided in
Section 1-17-4-2. Consideration factors for said sale shall be
the same as provided in 1-17-4-2 (A).
1-17-5: SALE OR LEASE OF REAL PROPERTY TO A MUNICIPAL CORPORATION:
The City Council may provide for the disposition of real i
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property, by sale or lease for a term of years not to exceed ninety nine
(99) years, to a municipal corporation whose boundaries are co -extensive
with or partially within and partially without the corporate limits of j
the City. In such instance the City Council shall provide for such
j disposition by ordinance passed by a two-thirds (2/3) majority of the
Aldermen then holding office, at a regular or special meeting of the i
City Council called for that purpose, when it is found that the subject i
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 property 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 reversion ,
in the event that the conditions or restrictions imposed are fulfilled.
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( SECTION 2: All ordinances or parts of ordinances in conflict
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herewith are hereby repealed.
` SECTION 3: This ordinance shall be in full force and effect from
iM and after its passage, approval, and publication in the
manner provided by law.
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Introduced: // 1982.
Adopted: �C J�� /3 , 1982.
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H Approved- ,1982.
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i ATTEST:
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City Clerk
r /" Approved as to form:
*Coration Cunsel
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