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O-04-41VILLAGE OF DEERFIELD LAKE AND COOK COUNTIES, ILLINOIS ORDINANCE NO. 0-04-41 AN ORDINANCE AUTHORIZING THE SALE BY PUBLIC AUCTION OF CERTAIN PERSONAL PROPERTY OWNED BY THE VILLAGE OF DEERFIELD WHEREAS, the corporate authorities of the Village of Deerfield have determined that it is no longer necessary, useful or in the best interests of the Village to retain ownership of the personal property hereinafter described on Exhibit A attached hereto; and WHEREAS, Article VII, Section 10, of the Constitution of the State of Illinois and the Intergovernmental Cooperation Act, 5 ILCS 220/1, et seq., authorize and encourage intergovernmental cooperation; and, WHEREAS, Obenauf Auction Services, Inc., (Illinois License #044000105) a corporate auction service which provides services for government, municipal and commercial organizations in Lake County, organizes joint municipal auctions for the sale and disposition of surplus municipal property such as the Village property described on Exhibit A; and, WHEREAS, the Chief of Police of the Village of Deerfield has recommended that the surplus property described on Exhibit A be sold and disposed of by auction as provided in this Ordinance; NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF DEERFIELD, LAKE AND COOK COUNTIES, ILLINOIS, in the exercise of its home rule powers, as follows: SECTION 1: Pursuant to the home rule powers of the Village of Deerfield, the President and Board of Trustees of the Village of Deerfield hereby find that the personal property now owned by the Village and described on Exhibit A attached hereto is no longer necessary or useful to or in the best interests of the Village of Deerfield, and that the Village would be best served by the sale of said property. SECTION 2: The Chief of Police of the Village of Deerfield is hereby authorized to direct the sale of the aforementioned personal property at an Obenauf Auction Services auction scheduled for Saturday, August 14, 2004. SECTION 3: That the Chief of Police is authorized to direct Obenauf Auction Services to enter into an agreement for the sale of said property according to the standard auction terms for the sale of such personal property at Obenauf Services Auctions. SECTION 4: No bid shall be accepted for the sale of an item listed in this Ordinance which is less than the minimum value, if any, set forth herein, unless the Chief of Police or his designee so authorizes at the time of the auction. SECTION 5: Upon payment in full of the accepted auction price for the aforesaid items of personal property by the highest bidder therefore, Obenauf Auction Services is authorized and directed to convey and transfer title and ownership of said personal property to such bidder. SECTION 6: That this Ordinance, and each of its terms, shall be the effective legislative act of a home rule municipality without regard to whether such Ordinance should: (a) contain terms contrary to the provisions of current or subsequent non - preemptive state law; or, (b) legislate in a manner or regarding a matter not delegated to municipalities by state law. It is the intent of the corporate authorities of the Village of Deerfield that to the extent that the terms of this Ordinance should be inconsistent with any non - preemptive state law, this Ordinance shall supersede state law in that regard within its jurisdiction. SECTION 8: That this Ordinance shall be in full force and effect from and after its passage and approval in the manner provided by law. PASSED this 2nd day of August _'2004. AYES: Benton, Kayne, Rosenthal, Seiden, Wylie (5) NAYS: None (0 ) ABSENT: Swanson (1) ABSTAIN: None (0 ) APPROVED this 2nd day of EXHIBIT A ORDINANCE NO. 0-04-41 SURPLUS PROPERTY OWNED BY THE VILLAGE OF DEERFIELD 1. Maroon 1999 Chevrolet Lumina LS 4 door Vehicle Identification No. 2G1 WL52K3X9206502 Mileage; 45,100 2. Blue 1992 Chevrolet Caprice 4 door Vehicle Identification No. IGIBL5374NW128096 Mileage; 65,000