G43-75 Ordinance No. G43-75
AN ORDINANCE
AUTHORIZING LEASING OF PUBLIC STREETS, ALLEYS AND OTHER PUBLIC PLACES
WHEREAS, the City of Elgin is a home rule unit within the meaning of
the Constitution of the State of Illinois, 1970; and
WHEREAS, Section 6(a) of Article VII of the Constitution of the State
of Illinois provides that a home rule unit may exercise any power and
perform any function pertaining to its government and affairs; and
WHEREAS, the use and regulation of the streets, alleys and other public
places within the City of Elgin are within the government and affairs of the
City of Elgin; and
WHEREAS, it is necessary and desirable to provide that streets, alleys
or other public places or portions thereof may be leased when such places are
not needed exclusively for public purposes.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN,
ILLINOIS:
Section 1. That notwithstanding any state statute to the contrary any
public street, alley or other public place which is no longer deemed necessary
e for the exclusive use of the public may be leased for a period not to exceed
twenty (20) years upon such terms and conditions as the corporate authorities
may determine.
Section 2. That any street, alley or other public place no longer deemed
necessary for the exclusive use of the public may be leased after passage of
an ordinance by favorable vote of 2/3 of the corporate authorities then holding
office. Said ordinance shall specify the location of the leased property, the
use thereof and such conditions with respect to further use of the public
interest. Prior to any lease by virtue of such an ordinance, notice of the
proposal to lease shall be published at least once in a daily newspaper
published in the City of Elgin. Publication shall be not less than fifteen
(15) nor more than thirty (30) days before the day provided in the notice
stating opening of the proposals for the lease of the subject property. The
notice shall contain an accurate description of the property, state the purpose
for which it is used, and at what meeting the proposals will be considered and
opened and shall advertise for proposals therefor. Said proposals shall be
opened at a regular meeting of the corporate authorities. The corporate
authorities may accept any proposal determined to be in the best interest of
the City by a vote of 2/3 of the corporate authorities then holding office,
but by a majority vote of those holding office, they may reject any and all
proposals.
Section 3. That this ordinance shall be in full force and effect from
and after its passage in the manner provided by law.
r
s/ Richard L. Verbic
Richard L. Verbic, Mayor
Presented: July 23, 1975
Passed: July 23, 1975
Vote: Yeas 4 Nays 2
Recorded: July 23, 1975
Published: July 23, 1975
Attest:
s/ Judith Prigge
Judith Prigge, Acting City Clerk