As used in this ordinance, the following terms shall have the meanings indicated:
All real and personal property owned by the Town of Wilton other than school property within the jurisdiction of the Board of Education.
[HISTORY: Adopted by the Wilton Town Meeting as indicated in article histories. Amendments noted where applicable.]
[Adopted 7-20-1977]
Unless otherwise provided herein, the Board of Selectmen shall have the power to sell or lease any Town property, subject to the requirements and limitations in this ordinance. This ordinance shall not apply to property the disposition of which is at the discretion of the Board of Selectmen, pursuant to § C4-5B(4) of the Wilton Charter.
When the Board of Selectmen votes to sell or lease any real property of the Town of Wilton, which is zoned under the Zoning Regulations of the Town of Wilton[1] as nonresidential property, the Board of Selectmen shall call a Town Meeting to approve such sale or lease, pursuant to § C3-3 of the Wilton Charter.
A.
When the Board of Selectmen votes to sell or lease real property which is zoned residential under the Wilton Zoning Regulations or personal property, the Board of Selectmen shall publish at least once in a local paper having a general circulation within the Town of Wilton a legal notice of such proposed sale or lease.
B.
The legal notice shall describe the property to be leased or sold and, if real property, include a reference to a map number and/or volume and page of recordation in the office of the Town Clerk of Wilton. Such notice may also contain a minimum acceptable sales price, or, if such property is to be leased, the minimum acceptable rental and term of the lease for such property as proposed by the Board of Selectmen. Such notice may also contain any other conditions which the Board of Selectmen proposes to attach to such sale or lease.
If two members of the Board of Selectmen object to the sale or lease of personal property or residentially zoned real property, the Board of Selectmen shall call a meeting of the Town Meeting to approve, modify or reject such sale. The Board of Selectmen shall also be required to call a meeting of the Town Meeting if it receives a petition signed by at least 50 members of the Town Meeting requesting that a special meeting of the Town Meeting be called with regard to the sale or lease of such real or personal property, provided that such petition is filed within 20 days of the publication of the notice indicating the Selectmen's intention to sell or lease such property.
If a Town Meeting is held to authorize the sale or lease of any Town property, the Town Meeting may impose conditions on such sale or lease, in addition to conditions imposed by the Board of Selectmen, or may modify such conditions.
When the Town Meeting approves any sale or lease of Town property or when Town Meeting approval is not required as provided in this ordinance, the Selectmen shall advertise such property for public bids, which notice shall contain a minimum sales or lease price that will be accepted by the Town, the term of the lease in the case of a rental of Town property and any terms imposed on the sale or lease by the Town Meeting and Board of Selectmen. At the date and time specified in the notice, the bids shall be opened and the award made to one of the three highest bidders, provided that such bid is in accordance with the conditions specified in the notice.
After the acceptance of a bid, the Board of Selectmen or its agent shall carry out the terms of the sale or lease within an agreed-to period of time. The Board of Selectmen may require the successful bidder to enter into a contract of sale prior to the delivery of a deed to the property, and such contract may require the payment of a deposit not to exceed 10% of the total purchase price and contain other provisions and conditions for such sale as determined by the Board of Selectmen. If the prospective purchaser or lessee does not complete the purchase or lease of such property within a specified period of time, his deposit shall be forfeited and the Board of Selectmen may readvertise the property for sale or lease on the same terms and conditions as the original request for bids and then proceed in the same manner to sell or lease the Town property to the new successful bidder, allow the sale or lease to previous bidder or readvertise the property for sale or lease on other terms and conditions in accordance with §§ 26B-4 and 26B-5 of this ordinance.
When required by Section 8-24 of the Connecticut General Statutes, the proposal to sell or lease Town property shall be referred to the Planning and Zoning Commission for a report.
The Board of Selectmen may by resolution delegate to the Parks, Recreation and Conservation Commission[1] the power to lease specific Town properties or Town property in general within the limitations provided in this ordinance.
[1]
Editor's Note: Pursuant to an ordinance passed 11-2-1977, the Wilton Parks, Recreation and Conservation Commission was dissolved and the Wilton Conservation Commission and Wilton Parks and Recreation Commission were established as successors thereof. For provisions pertaining to said Commissions, see Ch. 10 and Ch. 24, respectively.
The provisions of §§ 26B-2 through 26B-8 of this ordinance shall not apply to nonprofit organizations occupying or utilizing Town-owned property on the date of passage of this ordinance. The Board of Selectmen is authorized to continue to lease or allow the use of such Town property by any such nonprofit organization, on such terms and conditions as the Board of Selectmen or its authorized agents shall determine; provided, however, that any written lease for the use of such property shall be for a term of not more than three years, provided further that any such written lease may be renewed. Any such exemption for any Town-owned parcel of real property shall cease when the nonprofit organization ceases to use such property, and the parcel of real property shall then be subject to the other terms and provisions of this ordinance.
The invalidity of any word, clause, section or provision of this ordinance shall not affect the validity of any other part which can be given effect without such invalid part or parts.