[HISTORY: Adopted by the Town Council of
the Town of Wethersfield 2-21-2012.[1] Amendments noted where applicable.]
GENERAL REFERENCES
Town Council rules of procedures — See Ch. A180.
[1]
Editor's Note: This ordinance also repealed former Ch. 37,
Town Property, Sale of, adopted as Secs. 4-2-1 through 4-2-4 of the
Code of 1972.
Any real or personal property of the Town which the Council
shall determine to offer for sale shall be so offered by resolution,
and a full description of such property shall be included in the notice
of passage of the resolution. Such resolution shall invite sealed
bids for such property to be opened publicly by the Town Manager and
shall fix a minimum price therefore which shall be established by
the Council after consultation with the Town Manager and the Assessor.
Such property shall not be sold for less than the minimum price. All
sales shall be to the highest qualified bidder unless the Council,
within 30 days after the opening of the bids, votes to reject all
bids. No bid shall qualify unless it is submitted together with cash
or a certified check for at least 10% of the amount bid. The cash
or certified check of the highest qualified bidder shall be applied
toward the purchase price, and in the event that said bidder defaults,
said sum shall be forfeited to the Town as liquidated damages. All
sales of real property shall be by quitclaim deed. The Manager is
authorized to sign on behalf of the Town all documents necessary to
effect the sale of any property made pursuant to this section.
The form of the resolution mentioned in § 37-1 shall be as follows: "Resolved: That the following described properties of the Town of Wethersfield be offered for sale at not less than the minimum price stated for each such property; that sealed bids for any such properties be submitted to the Town Manager at his office not later than 12:00 noon on (at least 10 days after notice of passage of resolution is published); that cash or a certified check for at least 10% of the amount bid be submitted with each bid; that said sum submitted by the highest qualified bidder be forfeited to the Town as liquidated damages if said highest qualified bidder defaults; that such bids be opened publicly by the Town Manager at said time; that each of said properties be sold to the highest bidder therefore, provided that such bid is not less than the minimum price established for such property and provided that within 30 days from the date of the opening of said bids, the Council does not reject all bids: Description of property, minimum price"
The provisions of §§ 37-1 and 37-2 concerning the sale of the property shall not apply to dispositions of real property which the Council has determined should be offered for sale or disposition under the provisions of § 37-5 hereof, sales of personal property having a value of less than $100, as determined by the Manager, or the sale of any items of personal property where the Manager recommends the disposal of such personal property by trade-in on other equipment, public auction or negotiation for the sale of the same, provided that the Council approves such recommendation prior to the transfer of the title to such personal property.
Notwithstanding the procedures set forth in §§ 37-1 and 37-2 above, the Council may, by a 2/3 vote, determine that it wishes to dispose of one or more parcels of Town-owned real property through a request for proposals procedure rather than sale to the highest qualified bidder. The solicitation of requests for proposals shall identify the property being offered for sale or disposition and shall require respondents to provide a detailed description of the monetary or other consideration that they intend to pay for the property, as well as the proposed use of such property and such other information as the Council may request. The Council, in its sole and absolute discretion, may evaluate the responses based upon the purchase price to be paid, the proposed use of the property, the compatibility of the proposed use with the surrounding neighborhoods and the Town's Plan of Conservation and Development, the experience of the proposed purchaser in similar projects, and such other criteria as the Council may deem appropriate under the circumstances. The Council shall be under no obligation to accept any proposals and may negotiate with one or more of the respondents as they deem necessary to further the best interests of the Town. The disposition of Town-owned real property under this provision shall be pursuant to a purchase and sale agreement in form and substance acceptable to the Council and the Manager and any conveyance of such real property shall be by quit-claim deed executed by the Manager.
