City of Middletown, CT Public Property

Includes but is not limited to a sense of shaming, dishonoring, defiling, desecrating, physically mistreating, materially impairing, or destroying any part of the existing structure.

HIGHWAY

Includes any public highway, road, street, avenue, alley, driveway, parkway or place, under the control of the City of Middletown, dedicated, appropriated or opened to public travel or other use.

§ 232-2 Prohibited acts.

The defacing and/or injuring of any fence, guard or fence rails, lamp and/or post within or upon any highway or public place in the City is prohibited.

§ 232-3 Penalties for offenses.

[Amended 1-6-2003 by Ord. No. 01-03]

A violation of any of the provisions of this article shall be subject to a fine in an amount not to exceed $100.

Article II Sale of Public Property

[Adopted 10-1-2007 by Ord. No. 25-07A]

§ 232-4 Definitions.

As used in this article, the following terms shall have the meanings indicated:

BUYER(S)

Buyer or buyers can be any individual, individuals, entity, or entities that can legally acquire, hold, sell, lease or mortgage real property or an interest in real property.

DEVELOPMENT PROPERTY

City-owned property that the Economic Development Committee determines has development potential.

INVENTORY OF PROPERTY

The list of all real property assets owned by the City of Middletown.

PROPERTY

Property will be considered real property, any interest in real property.

SURPLUS PROPERTY

A property determined by the Economic Development Committee that has no use to the City.

§ 232-5 Inventory of property creation and maintenance.

The City of Middletown shall create a consolidated inventory from all the existing lists that are currently maintained by the Department of Finance, Department of Public Works, Risk Assessor's Office and Tax Assessor's Office, within one year of the adoption of this article, and approved by the Economic Development Committee.

This consolidated inventory will be maintained and updated at the request of the Economic Development Committee.

§ 232-6 Initiation of process for disposition of property.

The Economic Development Committee may initiate a process to divest itself of property it has in its inventory.

A private entity may approach the City via the Economic Development Committee and request to purchase property or participate in a partnership.

§ 232-7 Economic Development Committee procedures prior to negotiation.

Prior to negotiation, the Economic Development Committee will carry out the following:

Determination of fair market value. The Economic Development Committee will request the Tax Assessor's office to determine the value of the property or properties that are in question. The Economic Development Committee may also hire an appraiser to help determine fair market value. This information may be kept confidential, in accordance with state statutes, and at the discretion of the Economic Development Committee.

The Economic Development Committee shall request a C.G.S. § 8-24 review from the Planning and Zoning Commission to determine compliance with the City plan of conservation and development.

Title search. The General Counsel shall perform a title search to find any restrictions or issues that may prevent the sale of the property.

[Amended 5-2-2013 by Ord. No. 11-13]

Department comments. The following departments will issue comments regarding the proposed sale and future use of the properties:

(1)

General Counsel.

[Amended 5-2-2013 by Ord. No. 11-13]

(2)

Department of Economic and Community Development.

[Amended 6-7-2021 by Ord. No. 13-21]

(3)

Department of Land Use.

[Added 6-7-2021 by Ord. No. 13-21[1]]

[1]

Editor's Note: Former Subsection D(3) through (10) was redesignated as Subsection D(4) through (11) pursuant to this ordinance.

(4)

Tax Assessor's office.

(5)

Tax Collector's office.

(6)

Department of Finance.

(7)

Department of Public Works.

(8)

Department of Water and Sewer.

(9)

Police Department.

(10)

Fire Department.

(11)

Health Department.

The Economic Development Committee will determine that the property or properties in question are indeed surplus and will not be needed by the City in the future (surplus property). The Economic Development Committee can also determine that the property will be developed in a manner that is in the City's best interest (development property). Upon such determination, the Economic Development Committee will proceed as follows:

(1)

Posting a public notice, or a formal request for proposal (RFP) when dealing with a development property, with the Town Clerk and in a newspaper having general circulation in the City of Middletown. When dealing with development property, the RFP shall also be advertised in a trade journal related to the development and/or marketing of commercial real estate. A notice to abutting property owners. Placing a sign on the property indicating it is available for disposition. All information shall be posted on the City Web site and on public access television. The Economic Development Committee can as consider any other means to communicate the availability of the property.

(2)

The Committee will hold a public hearing to hear comments from the public and to see if any other interested parties are interested in the property.

The Economic Development Committee may, at its discretion and/or if there is more than one interested buyer, decide to pursue the selection of a buyer via a competitive process, including sealed offers and development proposals. The Economic Development Committee may, at its discretion, judge the prospective buyer(s) by any criteria it sees fit.

§ 232-8 Negotiations.

After the Economic Development Committee has selected a prospective buyer(s) it will enter into negotiations with the buyer(s).

§ 232-9 Negotiated agreement.

The negotiated agreement shall include, but not be limited to, the following items:

Agreed value for the property.

Compensation package that the City will receive from the buyer(s), if any.

Details of the proposed development and/or project, which shall include, but not be limited to, the following:

(1)

A description of the proposed future use;

(2)

A description of the future ownership;

(3)

A timetable for completion of the project;

(4)

A summary of the required permits and licenses for the proposed development;

(5)

A detailed summary of the funding sources; and

(6)

A survey of the property or properties.

Conditions on the development and/or project, if any, which may include, but not be limited to, the following:

(1)

Any deed restrictions;

(2)

Any easements;

(3)

Any rights-of-way;

(4)

Any conditions in the event of default;

(5)

Any performance bonds; and

(6)

Any other types of conditions.

City contributions to the development and/or project, if any, which may include, but not be limited to, the following:

Any grants;

Any loans;

Any abatements; and

Any other type of subsidy or financial benefit.

§ 232-10 Public hearings and approval process.

If a negotiated agreement is reached between the Economic Development Committee and the buyer(s), the agreement will be considered before the following bodies in the following order, and a public hearing will be held before each body issues a decision:

(1)

The Economic Development Committee will have the right to approve, reject or modify the negotiated agreement. If the Economic Development Committee approves the agreement or the Economic Development Committee modifies the agreement and the buyer consents, the negotiated agreement will proceed to the next step.

(2)

The Common Council will have the right to approve, reject or modify the agreement. If the buyer consents to the modified negotiated agreement, the agreement can be approved.

If the negotiated agreement is rejected, the Economic Development Committee will elect between the following courses of action: to return to the negotiation stage of the process to proceed as described above, to pursue selection of another buyer pursuant to § 232-7F of this article or to end the sale process all together.

If any of the approving bodies require a modification to the negotiated agreement and the buyer(s) are unwilling to consent with the modification, the Economic Development Committee will, by motion, elect between the following courses of action: to return to the negotiation stage of the process to proceed as described above or to pursue selection of another buyer pursuant to § 232-7F of this article or to end the sale process all together.

§ 232-11 Purchase and sale agreement.

Once approved by the Common Council, the City and the buyer(s) will enter into a purchase and sale agreement, and the buyer(s) will be responsible for seeking any and all local, state and federal approvals.

§ 232-12 Proceeds.

Any proceeds from any sale or revenue from any project will be deposited into the general fund, unless otherwise directed by the Common Council.

§ 232-13 Waiver.

Except to the extent prohibited by law, the requirements described in this article can be waived by a vote of the Common Council if, in the opinion of the Economic Development Committee, such waiver is in the best interest of the City of Middletown.

§ 232-14 Exemptions.

This article will not be applicable to the disposition of public property when it is related to any negotiation currently being considered by the Economic Development Committee at the approval of this article; any property being sold as part of a tax foreclosure by the City and ordered by a court of law; or any sale to the State of Connecticut.