(a)
Definitions: The following terms shall have the meaning ascribed
to them below.
(1)
Real Property: The term "Real Property," as defined
herein, shall include any town-owned parcel of land, structure, or
interest in such land or structures. The term Real Property shall not include parcels with an appraised value of less than $20,000
nor leases that have terms, with options, of less than 5 years.
(3)
Disposition: The term "Disposition" shall include
the sale, exchange, abandonment, or other disposition of Real
Property and shall also include any decision to permit leases
of Real Property. The Disposition of Real Property shall be restricted to:
(i)
Real Property that is not needed for municipal
purposes now or in the foreseeable future,
(ii)
Real Property that is required to facilitate the Acquisition of improved or unimproved Real Property for a project already funded, or
(iii)
Real Property that is not under
the management of another Town Body, as provided for
in this Charter.
(b)
The Town shall have all the powers set forth in the General Statutes and in this Charter to acquire and dispose
of Real Property. Detailed processes or procedures for
the Acquisition and Disposition of Real Property shall be provided for in Town ordinances. If such ordinances are not available, the Legislative Council shall initiate the creation of such ordinances within 60 days of the effective date of this Charter. Such ordinances shall be consistent with requirements provided in Sections 8-05 and 8-10. For parcels with a value of less than $20,000 or leases that have terms, with options, of less than 5 years Sections 8-05 and 8-10 need not apply.
(c)
If the transfer of Real Property provides consideration,
in whole or in part, for the Acquisition of other real
property, the appraised value of the transferred Real Property shall be included for the purpose of making an appropriation as
if it were a cash payment.
(a)
A recommendation to acquire real property shall be initiated by the
First Selectman, with the approval of the Board of Selectmen, and
presented to the Legislative Council.
(b)
The Legislative Council, subject to the availability of appropriations
for the specific purpose, may authorize the Acquisition of real property with a majority consisting of at least six (6)
affirmative votes. Exceptions to the power of the Legislative Council
to acquire real property include the following:
(1)
The Planning and Zoning Commission shall have the power to accept
on behalf of the Town all open spaces, parks, playgrounds,
real property for the purpose of widening or realignment of existing
public highways, conservation easements, conservation restrictions,
and easements for drainage, slope or similar purposes that it requires
to be provided by a subdivider as a condition of subdivision approval.
Title of said property shall be free and clear of all encumbrances
that are unacceptable to the Planning and Zoning Commission.
(2)
The Board of Selectmen shall have the power to acquire real
property for public highways and related purposes as provided in Subsection
2-115(d)(7).
(c)
Prior to a Legislative Council vote to acquire real property, the
following shall be completed.
(1)
The Finance Director shall prepare and submit a Financial
Impact Statement to the Board of Finance and Legislative Council, as provided in Section 7-25, for all property Acquisition other than those excepted in Subsection 8-05(b) and
(2)
An appraisal of said real property from an appraiser licensed
or certified by the State of Connecticut is required.
(d)
If the real property proposed to be acquired is for purposes for
which a mandatory referral is required by Section 8-24 of the General Statutes, said referral shall be made before any action
is taken.
(e)
As provided in Subsection 6-35(e), if the real property proposed
to be acquired requires an appropriation of $1,500,000 or more, said Acquisition shall require approval of a referendum.
(f)
Following the approval of the Legislative Council or referendum to
acquire real property, the Board of Selectmen shall authorize an officer,
board or commission to act on behalf of the Town in such Acquisition.
(a)
The First Selectman, with the approval of the Board of Selectmen
and the Legislative Council by a majority vote of its membership,
may propose the Disposition of Real Property.
(b)
Real Property acquired for non-payment of taxes shall
be sold unless the Legislative Council by a majority of at least six
(6) affirmative votes to retain said property.
(c)
After the proposal to dispose of Real Property is made
the Town shall:
(1)
Post a sign conspicuously on said Real Property within 14 days for the duration of the Disposition,
(2)
Provide public notice of the availability of said Real
Property according to Subsection 1-25(b) within 14 days,
(3)
Have all properties affected in the proposed Disposition appraised by an appraiser licensed or certified by the State of
Connecticut to ascertain their values both before and after the transaction.
(4)
Circulate, within 5 days, the proposal for comment to all boards
and commissions having an interest in the Disposition of said Real Property.
(5)
Comply with General Statutes, when applicable,
concerning the Disposition of public property, including
but not limited to holding a public hearing [Section 7-163e of the General Statutes] and referring the proposed Disposition to the Planning and Zoning Commission [Section 8-24 of the General Statutes].
(d)
Upon meeting said requirements of Subsection 8-10(c), the Legislative
Council may vote to sell or otherwise dispose of said Real Property as required by the General Statutes, if applicable,
or by majority vote.
(1)
The Legislative Council may recommend that the Board of Selectmen
consider factors other than obtaining the highest price, such as considering
the buyer's binding commitment to use the real property for a
specific purpose and where there is a benefit to the Town.
(e)
Where the Legislative Council votes to sell or otherwise dispose
of Real Property having an appraised value of $1,500,000
or more said action shall require approval of a referendum.
(f)
Following the approval of the Legislative Council or referendum,
if needed, to dispose of Real Property, the First Selectman
is authorized to take all steps necessary to carry out the sale or
other disposition, including:
(1)
If the Disposition is to sell the Real Property, the First Selectman shall determine the method of sale that is
in the best interest of the Town, including public auction
or private sale - with or without listing the property for sale with
a real estate broker. If the decision is made to sell the Real
Property by private sale, the price and terms of the contract
of sale shall be established by the First Selectman with the approval
of the Board of Selectmen and confirmed by an affirmative vote of
at least eight (8) members of the Legislative Council.
(2)
If the Disposition is to permit the lease of Real Property, the First Selectman shall:
