[HISTORY: Adopted by the Wilton Town Meeting
as indicated in article histories. Amendments noted where applicable.]
[Adopted 7-20-1977]
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.
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.
