[HISTORY: Adopted by the Common Council of
the City of Middletown as indicated in article histories. Amendments
noted where applicable.
[Adopted 6-9-1947 (Ch. 21 of the 1971 Code)
[Amended 12-10-1956]
Pursuant to § 20-a of the General
City Law of the State of New York, the Common Council may order any
personal property of the City of Middletown not needed for public
use, the value of which amounts to $500 or more, to be sold at public
auction or by sealed bid to the highest responsible bidder.
Such public auction or sale shall be held under
the direction of the Corporation Counsel, who shall take the necessary
proceedings to conduct and consummate such sale in accordance with
the following proceedings:
A.
Public notice of such sale in form to be prepared
by the Corporation Counsel shall be published once each week for three
successive weeks immediately preceding the sale in the official City
newspaper.
B.
The successful bidder shall be required to pay a deposit
of 10% of his bid in cash at the time of the sale as security therefor,
which shall be returned to him in the event the sale is not approved.
C.
If the bid is accepted and the sale approved, the
balance of the purchase price shall be paid when possession of the
property is given to the purchaser. If the successful bidder fails
to pay the whole purchase price at the time and place designated,
his deposit shall be forfeited and become the property of the City
of Middletown as liquidated damages.
D.
The City of Middletown reserves the right to reject
any and all bids made on any such property.
E.
The sale of such personal property shall be subject
to approval of the Board of Estimate and Apportionment of the City
of Middletown and the Mayor of said City. In the event of their approval
and upon payment by the highest responsible bidder of the whole purchase
price, the Mayor shall execute and deliver on behalf of the City of
Middletown a bill of sale for said personal property.
[Added 3-5-2019 by Res.
No. 53-19]
The Common Council, in its discretion, may authorize the Mayor to enter into agreements with third parties to conduct auctions of City property. These agreements may contain provisions different than those contained in § 25-2.
The Common Council may order the sale of any
personal property of the City of Middletown not needed for public
use, the value of which is less than $500, to be sold at public auction
or by sealed bid, in accordance with the above procedure, or at private
sale.
[Amended 3-14-1983 by L.L. No. 7-1983[1]]
A.
The City may lease, sell or franchise any of its property
without limitation as to time, space or consideration.
B.
The City, through its Common Council, may authorize
the Mayor to sign any legal documents implementing the provisions
of the above by a majority vote of all the legally constituted members
of the Common Council.
[Adopted 7-9-1979 by L.L. No. 2-1979 (Ch.
20 of the 1971 Code)]
The City of Middletown, through the Common Council,
is hereby authorized to conduct and conclude private negotiations
for the sale of City-owned lands and buildings which have been declared
surplus by said City and which are no longer needed for a municipal
purpose without the necessity of public auction or public bidding.
No such sale shall be for less than a fair and
adequate consideration for the property to be sold.
No contract for the sale of property and the
improvements thereon shall be final or binding upon said City until
the same have been presented to and the terms and conditions thereof
approved by a 3/4 vote of all the members of the Common Council of
said City.
The adoption of this article is subject to a permissive referendum pursuant to § 24, Subdivision 2g of the Municipal Home Rule Law and shall not take effect until the conditions of said section have been fulfilled.
