[Adopted 2-5-2019 by Ord.
No. 2019-01]
For the purpose of this section, the following definitions shall
apply:
The sale, lease, exchange or donation of real property.
A tenancy in real property granting the right of possession
for a specified term for consideration, and shall not include a permit,
license, or franchise to use Village-owned or controlled real property
or public right-of-way.
Any interest in real property owned by the Village within
or outside the corporate limits of the Village.
Real property qualifying for the procedure established in this
section shall be classified as follows:
A.
Substandard undeveloped property. Parcels with no structures thereon
which are not of minimum buildable size for the zone in which located,
and parcels that do not meet the Village's existing development ordinances.
B.
Standard undeveloped property. Parcels with no structures thereon
which are of minimum or greater buildable size for the zone in which
located.
C.
Developed property. Parcels of any size with structures thereon.
A.
Real property owned by the Village shall be disposed of as provided
in this chapter unless another procedure is specified in the Municipal
Code or approved by the Village Board.
B.
Any property disposed of through a direct negotiation with a development
invidual or entity shall be exempted from the provisions of this article.
C.
Before disposing of any real property under this chapter, the Village
shall find that the property is not needed for public use or that
the public interest may be furthered by disposal of such real property.
D.
In determining whether to dispose of real property, the Village in
its discretion may consider whether to establish certain requirements
as conditions of the transaction, such as requiring the property be
developed to a certain standard by a specified date, that the property
not be placed in tax-exempt status, and other conditions the Village
may deem appropriate.
A.
Whenever a particular parcel or parcels is proposed for sale by the
Village, or purchase inquiry is made, and the property is classified
as substandard undeveloped property, the matters shall be set on the
regular Village Board agenda. Except as otherwise provided in this
section, notice of the agenda item shall be given to all property
owners within 250 feet of the parcel's boundary line and to any parties
who have inquired about the purchase. If the Village has issued a
request for bids seeking purchasers of the property and provided the
request for bids to property owners within 250 feet of the parcel's
boundary line and to those who have inquired about purchasing the
property, notice need only be provided to those who have submitted
a bid proposal. The Village Board shall determine whether it will
offer the property for sale.
B.
If the Village Board decides to sell the property, it will direct
the Village Administrator or his or her designee to take further action
to sell the property. The Village Board may authorize the Village
Administrator or his or her designee to publicize as appropriate,
determine the existence of interested prospective purchasers, and
negotiate for the sale of the property. Nothing in this section shall
preclude the Village Administrator or his or her designee from taking
preliminary actions, including publicizing a possible sale, determining
the existence of interested prospective purchasers, and issuing a
request for bids prior to the Village Board's decision, so long as
the Village does not enter into a binding agreement without Village
Board authorization.
C.
The Village Board shall have the final authority to approve or disapprove
the final terms of the sale. The Village Board may preapprove terms
and the agreement form at the meeting in which it determines to sell
the property. If the Village Board does not preapprove terms and the
agreement form at its initial meeting or if alternate terms or agreement
form are proposed, the Village Board shall at a later regularly scheduled
Council meeting consider approval of the terms and agreement form.
A.
Whenever a particular parcel or parcels is proposed for sale by the
Village or a purchase inquiry is made and the property is classified
as standard undeveloped property or developed property, the matter
shall be for a public hearing before the Village Board.
B.
Notice of said hearing shall be published not less than once a week
in a newspaper of general circulation in the Village for two successive
weeks prior to the hearing, and shall describe the property for sale.
C.
Prior to the sale of a parcel under this section, an appraisal of
the property shall be conducted. At the discretion of the Village
Board, such an appraisal may be ordered prior to or after the hearing.
The appraisal may be made available to the public at the hearing at
the discretion of the Village Board.
D.
Public testimony shall be solicited at the hearing to determine if
a sale of any parcel is in the public interest, and the property is
not needed for public use.
E.
After the hearing, the Village Board shall determine whether it will
offer the property for sale and what the minimum acceptable terms
shall be.
F.
If an offer to sell is authorized by the Village Board, the Village
Board shall decide whether to sell the property to the highest bidder
at a public sale, by sealed bid, or directly to the purchase inquirer
on terms established by the Village Board. A notice advertising the
public sale or solicited sealed bids shall be published at least once
in a newspaper of general circulation in the Village, and said notice
shall be published at least two weeks prior to the sale or bid deadline
date. The notice shall describe the property to be sold, the minimum
acceptable terms of sale, and, if applicable, the person designated
to receive bids, the last date bids will be received, and the date,
time and place that bids will be opened.
G.
If one or more bids are received at or above the minimum acceptable
terms, the highest bid shall be accepted and the Village Administrator
or designee shall complete the sale.
H.
I.
After the expiration of the period set out in Subsection H above, the property shall be removed from the market. Any decision to sell a piece of property once it has been removed from the market shall require the entire procedure set forth in this section to be repeated. The Village Board may, however, decide whether or not an additional appraisal is necessary.
A.
When real property is determined by the Village Administrator to
be suitable for tenant occupancy and that occupancy is consistent
with the public purpose for which it was acquired or not be needed
for the public purpose for which it was acquired for up to three years,
the Village Board may lease any or all part of it to another for a
term not to exceed three years. The Village Board may require additional
lease terms and conditions consistent with the public health, safety
and welfare.
B.
When real property is determined by the Village Administrator to
be suitable for agricultural usage, the Village Board may lease any
or all part of it to another for a term not to exceed three years.
The Village Board may require additional lease terms and conditions
consistent with the public health, safety and welfare.
A.
No employee of the Village of Hobart may enter into a purchase or
rental agreement under this article.
B.
No member of the Village Board, whether individually or as a member
of any entity in which said member has a financial involvement, may
enter into a purchase or rental agreement with the Village Board,
unless the all of the following provisions are satisfied:
