Except as otherwise authorized by law, any real property owned by the Town of North Smithfield, regardless of the manner in which said real property has been acquired by the Town, including but not limited to by purchase, by purchase at tax sale, by gift or devise, or by tax abandonment, shall not be sold, conveyed or gifted to any person or persons, corporation, municipal corporation, utility, partnership, limited-liability company or any entity of any nature unless the provisions of this article are complied with.
[Adopted 2-25-2005 (Ch. 6, Art. IV, of the 1994 Code)]
Prior to negotiating the sale of any real property owned by the Town of North Smithfield, the Town Administrator shall cause an appraisal of the real property, to be performed by a licensed and certified appraiser, which shall establish the current fair market value of the property for which the real property may be sold.
A.
The Town Administrator, upon approval of the Town Council, may determine the manner in which the real property is to be sold, which may only be by competitive sealed bidding, public auction, or through the services of a licensed real estate broker.
B.
In the event that the real property is offered for sale by competitive bidding, the sale may be conducted in substantially the same manner as set forth in Chapter 70, Purchasing, of the North Smithfield Town Code, provided that the Town Council, in their sole discretion, may reject any bid which they deem inadequate.
C.
In the event that the real property is offered for sale by public auction to the highest bidder, the Town shall give notice of the time and place of sale by publication in some local public newspaper of general circulation, at least once a week for three successive weeks before the sale, the first publication of which shall be at least 21 days before the day of sale, including the day of first publication in the computation, provided that the Town Council, in their sole discretion, may reject any bid which they deem inadequate.
D.
The Town Council, upon recommendation of the Finance Director, and in compliance with all applicable sections of Chapter 70, Purchasing, may award a contract to a licensed real estate broker.
E.
Upon acceptance of a bid by the Town Council, the Town Administrator shall execute and deliver to the highest bidder whose bid has not been rejected as inadequate a deed without covenants, except that the sale has in all particulars been conducted pursuant to this article.
The Town Council, recognizing that the conveyance of real property to nonprofit organizations and community development corporations can provide significant returns of a nonmonetary nature, hereby declares that conveyances of real property to entities deemed to be 501c(3) corporations, as determined by the United States Internal Revenue Service, need not adhere to the provisions of §§ 65-9 through 65-11 of this article. The Town Administrator may, subject to Town Council approval, negotiate a conveyance to a nonprofit corporation, as defined in this section, for less than the appraised value or for no consideration.
The Town Administrator shall, pursuant to the North Smithfield Town Charter Article V, Section 6, obtain the approval of the North Smithfield Town Council prior to the sale or conveyance of real property by the Town of North Smithfield.