Procedure to sell city property

[Teresa Gallagher]

At some recent meetings some of our members had questions about the procedure to sell city property. Here it is (Ordinance 839 and a link to referenced PA 07-218, which requires a public hearing). We are just at steps one and two out of eight.

 

Sec. 2-18.  Procedure to sell city property.

(a)   Definition.  From time to time the city may be asked or may decide to sell real property owned by the city and hereby determines that a procedure shall be provided regarding the sale of said real property. Said procedure pertains only to property which the board of aldermen consider "significant". "Significant" shall be defined as the sale of real property which has a fair market value in excess of ten thousand dollars ($10,000.00). 

(b)   Initial determination by the board.  If a request is received the board of aldermen asking the city to sell city-owned real property and the board of aldermen determines that the board has an interest in selling said property or if the board of aldermen decides to sell city-owned real property, the board shall follow the following procedure. 

(c)   Procedure.   

(1)   The board of aldermen shall request from the conservation commission and parks and recreation commission their opinion regarding said sale. The board of aldermen specifically wants said commission's opinion regarding the property's open space, conservation or recreational value to the city.

(2)   The board of aldermen will consider the information provided by the conservation commission and parks and recreation commission and determine if the board wishes to proceed.

(3)   If the board of aldermen determines to proceed, the board of aldermen will then seek an 8-24 referral from the planning and zoning commission.

a.   If the 8-24 is favorable to sell, the board of aldermen may proceed with this process.

b.   If the 8-24 is unfavorable, the board of aldermen must override the unfavorable by a two-thirds ( 2/3) vote in order to proceed.

(4)   If the board of aldermen wishes to proceed with the sale process, they shall have the property appraised. Any appraisal received shall not be disclosed until after the sale has been completed.

(5)   The board of aldermen shall hold a public hearing in accordance with P.A. 07-218, when applicable.

[http://www.cga.ct.gov/2007/ACT/PA/2007PA-00218-R00HB-05729-PA.htm]

 

(6)   If the board of aldermen wish to proceed with the sale process, the board of aldermen can then proceed to advertise that it is accepting bids with a cutoff date to receive sealed bids subject to any deed restrictions and/or conditions the board deems appropriate. Each bid must be accompanied with a check equal to ten (10) percent of the amount bid.

(7)   The purchasing agent would publicly open the bids and refer them to the finance committee off the board of A&T who would determine the highest, responsible bidder. The board of aldermen reserves the right to reject any and all bids.

(8)   The board of aldermen approves the price and authorizes the sale.

Specifically excluded from this process is the sale of real property located within the redevelopment plan or a municipal development plan as designated by the board of aldermen. The board of aldermen shall determine the process of the sale of real property located within a redevelopment plan or a municipal redevelopment plan on a case by case basis taking into consideration any grant and statutory requirements.

(Ord. No. 782, 7-8-04; Ord. No. 832, 10-11-07; Ord. No. 839, 2-11-09)

 

 

Teresa Gallagher
Conservation Agent
City of Shelton
(203)924-1555 x315
www.sheltonconservation.org