[7-16-1997 by Ord. No.
97-17; 8-4-1999 by Ord. No. 99-21; amended 8-16-2023 by Ord. No. 23-09]
It is hereby declared the intention of the Town Council to establish
rules, policies and procedures governing the sale, disposition or
other transfer of real property and tangible property in a manner
consistent with fairness, openness, and the public interest.
[2-19-1997 by Ord. No.
97-5; 7-16-1997 by Ord. No. 97-17; amended 8-16-2023 by Ord. No. 23-09]
This article shall be known as "An Ordinance Governing Disposition
of Public Property."
[2-19-1997 by Ord. No.
97-5; 7-16-1997 by Ord. No. 97-17; 8-4-1999 by Ord. No. 99-21; amended 8-16-2023 by Ord. No. 23-09]
Whenever the municipal government of the Town shall conclude
it appropriate to sell, dispose of, or otherwise transfer for value
any real or tangible property which is owned by the Town and the sale,
disposal or transfer of which is deemed in the public interest, the
following rules, policies, procedures and regulations shall be pursued
unless otherwise waived or exempted by the Town Council by resolution.
[2-19-1997 by Ord. No.
97-5; 7-16-1997 by Ord. No. 97-17; 8-4-1999 by Ord. No. 99-21; amended 8-16-2023 by Ord. No. 23-09]
As used in this article the following terms shall have the meaning
indicated herein.
The chief elected official of the Town of Cumberland, Rhode
Island.
The purchasing agent of the Town of Cumberland, Rhode Island, as defined in § 2-151 of the Code of Ordinances of the Town of Cumberland, Rhode Island.
Real property including land and any buildings or improvements
thereupon. Such term shall refer to property held in fee simple by
the Town and not to property held as a result of unperfected tax sale
foreclosure by the Town.
Any equipment, vehicle, tool, furniture or other personal
property, excluding, however i) securities, ii) general intangible
property, iii) bonds, notes or other evidences of indebtedness and
iv) property sold, disposed of or transferred in the ordinary and
regular course of business, including, but not limited to, water,
and public information documentation (calendars, reports, pamphlets,
and the like) and items with a value of under $1,000 as determined
by the Tax Assessor.
The body corporate and politic known as the Town of Cumberland,
Rhode Island located in Providence County and existing under the General
Laws of the State of Rhode Island and Providence Plantations.
The elected Town Council of the Town of Cumberland, Rhode
Island.
[2-19-1997 by Ord. No.
97-5; 7-16-1997 by Ord. No. 97-17; 8-4-1999 by Ord. No. 99-21; amended 8-16-2023 by Ord. No. 23-09]
Whenever the purchasing agent shall determine that the sale,
disposition or transfer of any real or tangible property is appropriate
and in the public interest, he/she shall, either at his/her own initiative
or by request, deliver to the Mayor a written statement indicating
the same. Such statement shall contain a full description of the property
to be sold or otherwise disposed. In addition such statement shall
contain an explanation that such property has ceased to be of value,
use or service to the public interest. In rendering such decision
the purchasing agent shall consult all Town departments, agencies
and commissions, including the school department and the Cumberland
Housing Authority. The purchasing agent shall also provide all deeds
and restrictions relating to the subject property.
[2-19-1997 by Ord. No.
97-5; 7-16-1997 by Ord. No. 97-17; amended 8-16-2023 by Ord. No. 23-09]
Upon receipt of such statement from the purchasing agent the
Mayor shall deliver to the Town Council a statement supporting or
opposing the request for the sale or disposition by the purchasing
agent. Such statement shall be received by the Town Council at their
next regularly scheduled meeting. The Town Council shall by majority
vote agree or disagree with the findings of the purchasing agent and
the Mayor.
[2-19-1997 by Ord. No.
97-5; 7-16-1997 by Ord. No. 97-17;8-4-1999 by Ord. No. 99-21; 12-16-2009 by Ord. No. 09-31A; amended 8-16-2023 by Ord. No. 23-094]
(a)Â
Should the Town Council vote to approve the sale, disposition or
transfer of real or tangible property, it shall enact a resolution
directing that the following actions be undertaken by the purchasing
agent on behalf of and in the name of the Town;
(1)Â
Invitation to bid. An invitation to bid shall be advertised
in a newspaper having a general circulation in the Town which serves
the greatest number of residents located near the property to be disposed
of.
(2)Â
Bid package. A so-called "bid package" to be developed by the
purchasing agent or other appropriate Town official shall be made
available to any person, company, corporation or other legal entity
expressing an interest in the asset as well as sent by first class
mail, postage pre-paid to all owners of property abutting the subject
land at least 10 days' prior to the bid opening.
(3)Â
Property appraisal. The Council shall require a professional
third party appraisal of real property by a firm or individual qualified
and licensed by the state in order to establish a minimum bid unless
specifically waived by the Council by resolution for cause. "Cause"
shall mean that the quality of the property is such that the cost
of an appraisal would not be justified. The appraisal shall be used
by the Council to establish a minimum bid, or to market the property
by a professional agent or broker as permitted by Subsection (a)(4)
of this section.
(4)Â
Use of professional agent or broker; waiver of bidding requirements for sale. Should the Council determine that the sale of any real or tangible property would be enhanced by the assistance of a professional agent or broker versed in such matters, the choice of such agent or broker shall be determined as a result of the process more fully set forth in Division 2 of Article V of this chapter. In such cases the bidding requirements for sale set forth in Subsection (a)(1), (2), (5) and (7) of this section shall not be required.
(5)Â
Bid opening. The purchasing agent shall receive the sealed bid
at the appointed time and place and shall publicly open such bids
and read the results aloud. The purchasing agent shall issue a certificate
of bid opening which shall be available for public inspection, a copy
of which shall be transmitted to the Town Council together with a
recommendation for any action by the Town Council and/or other appropriate
Town officers.
(6)Â
Sale authorized by ordinance. Authorization for the sale or
other disposition or transfer of such property shall be by majority
vote of the Town Council by ordinance.
(7)Â
Administrative costs. The purchaser of the property shall be
liable for the cost of any advertisement, notice to abutters and the
cost of any appraisal.
[2-19-1997 by Ord. No.
97-5; 7-16-1997 by Ord. No. 97-17; amended 8-16-2023 by Ord. No. 23-09]
The Town Council or any member thereof, or any member of the
public at-large may inspect any and all documents issued or received
in the disposition process as outlined herein.
[Added 8-16-2023 by Ord.
No. 23-09]
Whenever the Town finds that it is the best interests of the
Town to sell real property to the Cumberland Land Trust, and that
such real property will be preserved for conservation purposes in
perpetuity, the sale shall not be subject to the requirements of this
article. The Town Council shall determine a reasonable purchase price
for the real property and the deed shall state that the real property
shall be preserved for conservation purposes in perpetuity.
