HomeMy WebLinkAboutORDINANCE - ORD. 3940 - 4/28/2016 - As Is Equipment Sales AgreementORDINANCE NO.3940
AN ORDINANCE APPROVING THE DISPOSAL OF PERSONAL PROPERTY AND AN
AS -IS EQUIPMENT SALES AGREEMENT BETWEEN THE VILLAGE OF ELK
GROVE VILLAGE AND CASEY EQUIPMENT COMPANY, INC._
WHEREAS, Section 6(a) of Article VII of the 1970 Constitution of the State of Illinois
provides that any municipality which has a population of more than 25,000 is a home rule unit,
and the Village of Elk Grove Village, Cook and DuPage Counties, Illinois, with a population in
excess of 25,000 is, therefore, a home rule unit and, pursuant to the provisions of said Section 6(a)
of Article VII, may exercise any power and perform any function pertaining to its government and
affairs, including, but not limited to, the power to tax and to incur debt; and
WHEREAS, pursuant to Section 11-76-4 of the Illinois Municipal Code (65 ILCS
5/11-76-4), whenever a municipality that owns any personal property which, in the opinion of a
simple majority of the corporate authorities then holding office, is no longer necessary or useful
to, or for the best interests of the city or village, such a majority of the corporate authorities then
holding office: "(1) by ordinance may authorize the sale of that personal property in such manner
as they may designate, with or without advertising the sale; or (2) may authorize any municipal
officer to convert that personal property into some other form that is useful to the city or village
by using the material in the personal property; or (3) may authorize any municipal officer to convey
or turn in any specified article of personal property as part payment on a new purchase of any
similar article"; and
WHEREAS, the Village Public Works Department has identified a piece of paving
equipment, namely a 2017 LeeBoy Paver, 5000 PathMaster, Serial Number 151961 (the "Personal
Property") that is not being utilized by the Village and has become too cost -prohibitive to maintain
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due to the cost of maintenance, discontinued parts, and/or expensive upgrades being necessary to
safely and efficiently use said Personal Property; and
WHEREAS, the Mayor and the Board of Trustees of the Village (the "Corporate
Authorities") have determined that the Personal Property is no longer necessary or useful to, or for
the best interest of the Village and its residents to retain; and
WHEREAS, Casey Equipment Company, Inc. ("Casey") has agreed to purchase said
personal property from the Village (the "Agreement"), a copy of which is attached as Exijibit 1;
and
WHEREAS, to ensure that the Village operates in an efficient and economical manner, it
is necessary to dispose of equipment that is no longer functional or useful, or is too expensive to
maintain by selling the equipment to Casey; and
WHEREAS, based on the foregoing, the Corporate Authorities find that it is necessary for
conducting Village business and for the efficient administration of government to authorize the
sale of the Personal Property in an as -is condition on such terms to Casey as determined to be the
best interests of the Village and its residents;
NOW, THEREFORE, BE IT ORDAINED by the Mayor and Board of Trustees of the
Village of Elk Grove Village, Counties of Cook and DuPage, Illinois as follows:
Section is The foregoing recitals shall be and are hereby incorporated as findings of facts
as if said recitals were fully set forth herein.
Section 2: The Corporate Authorities authorize the sale of the Personal Property described
herein and further authorize the Mayor, the Clerk and the Public Works Director to sell the
Personal Property to Casey Equipment Company, Inc. for $45,000, and to execute the Agreement.
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Section 3: That this Ordinance shall be in full force and effect from and after its adoption
and approval.
Section 4: That the Village Clerk is hereby ordered and directed to publish this Ordinance
in pamphlet form, and this Ordinance shall be in full force and effect from and after its passage,
approval, and publication as required by law.
VOTE: AYES: 6 NAYS: 0 ABSENT: 0
PASSED this 28t' day of April 2026
APPROVED this 281h day of April 2026
I
Mayor Craig B. Ju nson
Village of Elk G�?ve Village
ATTEST:
PUBLISHED in pamphlet form this 291h day of April 2026.
Exhibit I
(As -Is Equipment Sales Agreement)
Mayor
CRAIG B. JOHNSON
Village Clerk
JENNIFER S. MAHON
Village Manager
MATTHEW J. ROAN
AS -IS EQUIPMENT SALES AGREEMENT
This Agreement is made on April 28, 2026 (date), by and between:
Seller: Village Of Elk Grove
Address: 901 Wellington Ave. Elk Grove Village IL, 60007
Buyer: Casey Equipment Company Inc.
Address: 1603 E Algonquin Rd, Arlington Heights, IL 60005
1. Equipment Description
Seller agrees to sell, and Buyer agrees to purchase the following equipment:
Description: 2017 LeeBoy Paver
Make/Model: LeeBoy, 5000 PathMaster
Serial Number: 151961
2. Purchase Price
The total purchase price is $45,000.00, to be paid by cashier's check.
3. Payment Terms
Village Trustees
JOSEPH D. BUSH
JEFFREY C. FRANKE
KATHRYN A. JAROSCH
KEITH LASKEN
TAMMY K. MILLER
STEPHEN F. SCHMIDT
Buyer agrees to provide a valid cashier's check payable to Seller at the time of sale.
Ownership of the equipment will transfer only after the cashier's check has been
received and verified.
4. AS -IS Condition
The equipment is sold "AS IS," WITHOUT ANY WARRANTIES, express or
implied, including but not limited to warranties of merchantability or fitness for a
particular
901 WELLINGTON AVENUE * ELK GROVE VILLAGE. ILLINOIS * 60007-3499
TELEPHONE (847) 357-4000 * FAX (847) 357-4044 * TDD (847) 357-4088
www.elkgrove.org
Mayor
CRAIG B. JOHNSON
Village Clerk
JENNIFER S. MAHON
Village Manager
MATTHEW J. ROAN
Buyer acknowledges that:
They have inspected the equipment (or waived the right to inspect), and
They accept the equipment in its current condition with all faults.
5. No Returns or Refunds
All sales are final. Seller does not accept returns or provide refunds after the
transaction is completed.
6. Transfer of Ownership
Village Trustees
JOSEPH D. BUSH
JEFFREY C. FRANKE
KATHRYN A. JAROSCH
KEITH LASKEN
TAMMY K. MILLER
STEPHEN F. SCHMIDT
Ownership and risk of loss sfer o Buyer upon Seller's receipt and verification of
the cashier's check and pi6k up of he equipment.
7. Signatures
Seller Signature:
Buyer Signature:
8. Notary
State of L County of CWy,
Date: 4 !Zii
r
Date:
Subscribed and sworn before me on this 22) day of �� , 20.
Notary Public: , . My Commission Expires:
OFFICIAL SEAL
LINDSEY JOY TUMINARO
Notary Public. State of Illinois
Commission No. 10253"
My Commission Expires February 11, 2W
901 WELLINGTON AVENUE * ELK GROVE VILLAGE. ILLINOIS * 60007-3499
TELEPHONE (847) 357-4000 * FAX (847) 357-4044 * TDD (847) 357-4088
www.elkgrove.org