[HISTORY: Adopted by the Common Council of
the City of Middletown as indicated in article histories. Amendments
noted where applicable.]
GENERAL REFERENCES
Parks and recreation areas — See Ch. 214.
[Adopted 4-6-1987]
As used in this article, the following terms
shall have the meanings indicated:
The City of Middletown.
Includes but is not limited to a sense of shaming, dishonoring,
defiling, desecrating, physically mistreating, materially impairing,
or destroying any part of the existing structure.
Includes any public highway, road, street, avenue, alley,
driveway, parkway or place, under the control of the City of Middletown,
dedicated, appropriated or opened to public travel or other use.
The defacing and/or injuring of any fence, guard
or fence rails, lamp and/or post within or upon any highway or public
place in the City is prohibited.
[Amended 1-6-2003 by Ord. No. 01-03]
A violation of any of the provisions of this
article shall be subject to a fine in an amount not to exceed $100.
[Adopted 10-1-2007 by Ord. No. 25-07A]
As used in this article, the following terms
shall have the meanings indicated:
Buyer or buyers can be any individual, individuals, entity,
or entities that can legally acquire, hold, sell, lease or mortgage
real property or an interest in real property.
City-owned property that the Economic Development Committee
determines has development potential.
The list of all real property assets owned by the City of
Middletown.
Property will be considered real property, any interest in
real property.
A property determined by the Economic Development Committee
that has no use to the City.
A.
The City of Middletown shall create a consolidated
inventory from all the existing lists that are currently maintained
by the Department of Finance, Department of Public Works, Risk Assessor's
Office and Tax Assessor's Office, within one year of the adoption
of this article, and approved by the Economic Development Committee.
B.
This consolidated inventory will be maintained and
updated at the request of the Economic Development Committee.
Prior to negotiation, the Economic Development
Committee will carry out the following:
A.
Determination of fair market value. The Economic Development
Committee will request the Tax Assessor's office to determine the
value of the property or properties that are in question. The Economic
Development Committee may also hire an appraiser to help determine
fair market value. This information may be kept confidential, in accordance
with state statutes, and at the discretion of the Economic Development
Committee.
B.
The Economic Development Committee shall request a
C.G.S. § 8-24 review from the Planning and Zoning Commission
to determine compliance with the City plan of conservation and development.
C.
Title search. The General Counsel shall perform a
title search to find any restrictions or issues that may prevent the
sale of the property.
[Amended 5-2-2013 by Ord. No. 11-13]
D.
Department comments. The following departments will
issue comments regarding the proposed sale and future use of the properties:
(1)
General Counsel.
[Amended 5-2-2013 by Ord. No. 11-13]
(2)
Department of Economic and Community Development.
[Amended 6-7-2021 by Ord. No. 13-21]
(4)
Tax Assessor's office.
(5)
Tax Collector's office.
(6)
Department of Finance.
(7)
Department of Public Works.
(8)
Department of Water and Sewer.
(9)
Police Department.
(10)
Fire Department.
(11)
Health Department.
E.
The Economic Development Committee will determine
that the property or properties in question are indeed surplus and
will not be needed by the City in the future (surplus property). The
Economic Development Committee can also determine that the property
will be developed in a manner that is in the City's best interest
(development property). Upon such determination, the Economic Development
Committee will proceed as follows:
(1)
Posting a public notice, or a formal request for proposal
(RFP) when dealing with a development property, with the Town Clerk
and in a newspaper having general circulation in the City of Middletown.
When dealing with development property, the RFP shall also be advertised
in a trade journal related to the development and/or marketing of
commercial real estate. A notice to abutting property owners. Placing
a sign on the property indicating it is available for disposition.
All information shall be posted on the City Web site and on public
access television. The Economic Development Committee can as consider
any other means to communicate the availability of the property.
(2)
The Committee will hold a public hearing to hear comments
from the public and to see if any other interested parties are interested
in the property.
F.
The Economic Development Committee may, at its discretion
and/or if there is more than one interested buyer, decide to pursue
the selection of a buyer via a competitive process, including sealed
offers and development proposals. The Economic Development Committee
may, at its discretion, judge the prospective buyer(s) by any criteria
it sees fit.
After the Economic Development Committee has
selected a prospective buyer(s) it will enter into negotiations with
the buyer(s).
The negotiated agreement shall include, but
not be limited to, the following items:
A.
Agreed value for the property.
B.
Compensation package that the City will receive from
the buyer(s), if any.
C.
Details of the proposed development and/or project,
which shall include, but not be limited to, the following:
(1)
A description of the proposed future use;
(2)
A description of the future ownership;
(3)
A timetable for completion of the project;
(4)
A summary of the required permits and licenses for
the proposed development;
(5)
A detailed summary of the funding sources; and
(6)
A survey of the property or properties.
A.
If a negotiated agreement is reached between the Economic
Development Committee and the buyer(s), the agreement will be considered
before the following bodies in the following order, and a public hearing
will be held before each body issues a decision:
(1)
The Economic Development Committee will have the right
to approve, reject or modify the negotiated agreement. If the Economic
Development Committee approves the agreement or the Economic Development
Committee modifies the agreement and the buyer consents, the negotiated
agreement will proceed to the next step.
(2)
The Common Council will have the right to approve,
reject or modify the agreement. If the buyer consents to the modified
negotiated agreement, the agreement can be approved.
B.
If the negotiated agreement is rejected, the Economic Development Committee will elect between the following courses of action: to return to the negotiation stage of the process to proceed as described above, to pursue selection of another buyer pursuant to § 232-7F of this article or to end the sale process all together.
C.
If any of the approving bodies require a modification to the negotiated agreement and the buyer(s) are unwilling to consent with the modification, the Economic Development Committee will, by motion, elect between the following courses of action: to return to the negotiation stage of the process to proceed as described above or to pursue selection of another buyer pursuant to § 232-7F of this article or to end the sale process all together.
Once approved by the Common Council, the City
and the buyer(s) will enter into a purchase and sale agreement, and
the buyer(s) will be responsible for seeking any and all local, state
and federal approvals.
Any proceeds from any sale or revenue from any
project will be deposited into the general fund, unless otherwise
directed by the Common Council.
Except to the extent prohibited by law, the
requirements described in this article can be waived by a vote of
the Common Council if, in the opinion of the Economic Development
Committee, such waiver is in the best interest of the City of Middletown.
This article will not be applicable to the disposition
of public property when it is related to any negotiation currently
being considered by the Economic Development Committee at the approval
of this article; any property being sold as part of a tax foreclosure
by the City and ordered by a court of law; or any sale to the State
of Connecticut.