[Ord. 14-06-02-50, 6-2-2014]
Pursuant to the Illinois municipal code, 65 Illinois Compiled Statutes 5/1-1 et seq., the City has the authority to dispose of certain real property and personal property it no longer has any use for pursuant to a variety of disposition methods. The City desires to establish certain guidelines and policies for City officials and employees to follow in disposing of surplus property consistent with state law.
[Ord. 14-06-02-50, 6-2-2014]
A. 
Authority: The City has the authority to sell or otherwise dispose of City real estate pursuant to a variety of statutory authorizations. This section is not intended to restrict the City's authority to dispose of real estate in accordance with any available statutory authorization, but instead to establish guidelines for the City to follow in disposing of real estate pursuant to the two alternative statutory authorizations described in Subsections B and C of this section.
B. 
Bid Process: In accordance with 65 Illinois Compiled Statutes 5/11-76-1, the City has the authority to sell real estate owned by the City where the real estate is no longer necessary, appropriate, required for the use of, profitable to, or for the best interest of the City, subject to the following procedures:
1. 
The City must publish notice of its proposal to sell real estate once each week for three successive weeks in a newspaper published in the City. The first notice must be published not less than 30 days before the scheduled bid opening. The notice shall advertise for bids, contain a description of the real estate to be sold, describe the purpose for which the real estate is used, and identify the date and time of the meeting at which the bids will be opened.
2. 
Bids must be opened at a regular meeting of the City Council.
3. 
The City Council may accept the high bid or any other bid determined to be in the best interest of the City.
4. 
Approval of the sale of the real estate must be by ordinance adopted by a 3/4 vote of the City Council members then holding office.
C. 
No Bid Process: As an alternative procedure to the bid process set forth in Subsection B of this section, pursuant to 65 Illinois Compiled Statutes 5/11-76-4.1, the City has the authority to sell surplus real estate subject to the following procedures:
1. 
The City Council may authorize by resolution the sale of real estate through one of the following means: a) conducted by the City Administrator or designated City employee; b) through a local licensed real estate agency; or c) by public auction. The resolution must contain information regarding the size, use, and zoning of the real estate to be sold, and any specific terms and conditions for the sale.
2. 
The resolution must be adopted by a 2/3 vote of the City Council members then holding office.
3. 
The approved resolution must be published in a newspaper published in the City.
4. 
The value of the real estate must be determined by a written appraisal certified by a member of the Appraisal Institute, and the sale price cannot be less than 80% of the appraised value.
[Ord. 14-06-02-50, 6-2-2014]
A. 
Authority: The City Administrator or a designated City employee has the authority to sell or otherwise dispose of personal property, pursuant to 65 Illinois Compiled Statutes 5/11-76-4, utilizing one of the following methods:
1. 
Through a public bidding process;
2. 
At a public auction; or
3. 
In any other manner the City Administrator or designated City employee deems appropriate, including, but not limited to, listing the property on sites such as eBay.com.
B. 
Process: The sale must be authorized by an ordinance adopted by a majority of the City Council members then holding office.