HomeMy WebLinkAbout068-O-21 Amending City Code Section 1-17-4-2 Sale of Real Property6/3/21
68-O-21
AN ORDINANCE
Amending City Code Section 1-17-4-2 “Sale of Real Property”
NOW BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
EVANSTON, COOK COUNTY, ILLINOIS, THAT:
SECTION 1: City Code Section 1-17-4-2 “Sale of Real Property” of the
Evanston City Code of 2012, as amended, is hereby further amended as follows:
1-17-4-2. – SALE OF REAL PROPERTY.
The City Council may convey real estate when it 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) of this Section, or by negotiated purchase as
provided in Subsection (B) of this Section.
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 for that purpose. Such ordinance shall approve
the conveyance and direct the appropriate municipal officials to take the steps
necessary to transfer title.
(A) Conveyance by bid. Prior to the sale of real estate by public bid, the City
Council shall have 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 (3) consecutive 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 bids 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 this section.
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
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City or the purchaser. The corporate authorities may contract with the
purchaser for the use of a portion of a structure or improvement to be
constructed on said real estate.
(B) Conveyance by negotiation. When said sale is to take place by negotiation,
the following procedure shall be followed:
1. The City Council must adopt an ordinance by a two-thirds (2/3) 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 two-thirds (2/3)
of the elected Aldermen as provided in this section. Consideration factors
for said sale shall be the same as provided in Subsection (A) of this
Section.
3. Prior to adoption of said ordinances the subsequent ordinance directing
the sale of the property, the notice of intent to sell said property, as a
result of a negotiated sale, must be: (1) published on the City’s website
and (2) 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 before the date on which it is proposed to
consider the adoption 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.
SECTION 2:The findings and recitals contained herein are declared to be
prima facie evidence of the law of the City and shall be received in evidence as
provided by the Illinois Compiled Statutes and the courts of the State of Illinois.
SECTION 3: All ordinances or parts of ordinances in conflict herewith are
hereby repealed.
SECTION 4: If any provision of this Ordinance or application thereof to
any person or circumstance is held unconstitutional or otherwise invalid, such invalidity
shall not affect other provisions or applications of this Ordinance that can be given effect
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without the invalid application or provision, and each invalid application of this
Ordinance is severable.
Introduced: _________________, 2021
Adopted: ___________________, 2021
Approved:
__________________________, 2021
_______________________________
Daniel Biss, Mayor
Attest:
_______________________________
Stephanie Mendoza, City Clerk
Approved as to form:
______________________________
Nicholas E. Cummings, Corporation
Counsel
06/03/2021
09/13/2021 9/16