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Home My WebLink AboutORDINANCES-1981-027-O-81• 0 4/14/81 27-0-81 AN ORDINANCE Amending Section 1-17-4 of the Evanston City Code, 1979, Relating to the Sale or Lease of Real Property N0W, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF EVANSTON, COOK COQNTY, ILLINOIS: SECTION 1: That Section 1-17-4 of the Evanstor City Code, 1979; be ' and hereby.is amended to read as fellows: 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 three -fifths (3/5) 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. An ordinance directing the lease of real property for any term in excess of twenty (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, desirable, and in the public interest. Before the corporate authorities of the City make a lease of real estate of a term in excess of twenty (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 in general circulation in the ' City. Publication must be not less than fifteen (15) nor more than thirty (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, if any, upon the proposed use of the property to be leased. The cor- porate authorities may negotiate the consideration and terms of such i lease. Such consideration may include, but is not -invited to, the pro- vision of public facilities by the City or the lessee on the real estate I leased. The corporate authorities may contract with the lessee for the use of a portion of the structure or improvement to be constructed on the real estate leased. I 1-17-4-2 SALE OF REAL PROPERTY: The City Council may convey real estate when in its opinion ownership of such real estate i by the City is no longer necessary, appropriate, required for the use of, profitable to, or for the best interest of the City. This sale may be j by bid as provided in subsection (A) below or by negotiated purchase as provided in subsection (B). I Such sale, whether by bid or by negotiated purchase, must be approved by an ordinance adopted by a three -fifths (3/5) vote of the elected aldermen of the City then holding office at any regular or special meetingi called for that.purpose. Such ordinance shall approve the conveyance and direct the appropriate municipal officials to take the steps necessary to transfer title. I i I, I (A) Conveyance by Bid. Prior to the sale of real estate by public bid, the City Council shall Piave first directed the publication of a Notice of Bids to be Received for the purchase of said property, which Notice shall be published once each week for three corsecutive weeks in a daily or weekly newspaper in general circulation in the City. The first publication shall not be less than thirty (30) days before the day provided in the notice for the opening of kids for real estate. The notice shall contain an accurate description of the property, state the purpose for which it is used and the date and time the bids will be 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. The City Council may accept the bid determined to be in the best interest of the City. The acceptance of the bid,shall be by the act of adoption of an ordinance directing the sale as set forth in Section 1--4-2. Consideration factors of the bid may include, but �! are not limited to, the value of the property and the provision on the real estate of public facilities by the City or the purchaser. ji The corporate authorities may contract with the purchaser for the f use of a portion of a structure or improvement to be constructed on said real estate. (B) Conveyance by Negotiation. I When said sale,is to take place by negotiation, the following pro- cedure shall be followed: i� 1. The City Council must adopt an ordinance by a three -fifths j (3/5) vote of the elected aldermen then holding office directing • that 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 three -fifths of the elected aldermen as provided in Section 1-17-4-2. Consideration factors "or said sale shall be the same as provided in 1-17-4-2(A). ! i' 3. Prior -to adoption of said ordinance, the Notice of Intent to Sell said property, as the result of a negotiated sale, must I be published at least once in a daily or weekly newspaper in general circulation in the City. The publication must not be -less than fifteen (15) nor more than thirty (30) days j i before the date on which it is proposed to consider the adoptions i of such an ordinance. The notice shall contain an accurate description of the property, a statement of the purpose for ! which the property is to be used and the conditions upon the proposed use of the property to be sold, i SECTION 2: All ordinances or parts of ordinan-es in conflict herewith are hereby repealed. it SECTION 3: This ordinance shall be in full fo^ce and effect from i �! and after its passage, approval, aid publication in the -2- manner prescribed by law. Introduced: ��%t.L�.c' v�� 1981 • I � (Adopted: Gf�2�l� l3 1981 IATTEST: z�" 'am' Z City Clerk -Approved as to or., i orporatio n Counsel i� 1. i ,I I. tl I i i; Ij -3- 27-0-.81 Approved: � /lel , 1981 �Ma��