This section is from the book "Popular Law Library Vol8 Partnership, Private Corporations, Public Corporations", by Albert H. Putney. Also available from Amazon: Popular Law-Dictionary.
Section 65. Where by charter or general law the mode of disposing of corporate property is prescribed, it is obligatory upon the municipal corporation to follow the method pointed out by such charter or governing statute.
It is usually provided that, in the disposition of corporate property, the sale shall be made only after advertisement, and to the highest bidder for cash.
It is held that the city council, under a resolution adopted, may convey a street absolutely to a railway company and such resolution and deed will give the company the right to construct, maintain and operate its tracks upon the street.8
8 Necessity of ordinance to authorize conveyance. "A city charter provided that the city council should have power to make all ordinances which should be necessary and proper for carrying into execution the powers specified in the act. Held, that a conveyance by a city of certain lands to a railroad company, as authorized by the resolution of the city council, was sufficient grant of possession to the railroad company for the purpose of constructing tracks in streets covered by the conveyance, and that it could not be contended that the conveyance should have been authorized by ordinance instead of by resolution." City of Quincy vs. Chicago, B. and Q. R. Co., 92 III., 21.
It is held that, where the charter grants authority to the mayor and aldermen of a city to "sell, lease, or dispose of city property" for the use and benefit of the city, that such grant of power warrants the execution of a mortgage of city property for a proper municipal purpose.9
 
Continue to: