[HISTORY: Adopted by the Special Town Meeting of the Town of Townsend
11-16-1927 by Art. 10. Amendments noted where applicable.]
A.
No contract for construction work or for the purchase
of apparatus, supplies, or materials, whether for repairs or original construction,
the estimated cost of which amounts to $25,000 or more, except in the cases
of special emergency involving the health or safety of the people or their
property, shall be awarded unless bids or proposals for the same have been
invited by advertisement in at least one newspaper published in the Town or
vicinity at least once, not less than two weeks prior to the time specified
for the opening of said bids or proposals. Such advertisement shall state
the time and place where the plans and specifications of the proposed work
or supplies may be had and the time and place for opening the bids or proposals
in answer to said advertisements, and shall reserve to the Town the right
to reject any or all such bids or proposals. Any bid issued shall be opened
in public. Any proposals issued shall not be opened in public and must be
kept confidential until the evaluation process is completed or until the time
for acceptance specified in the request for proposals, whichever occurs first.
No bill or contract shall be split or divided for the purpose of evading any
provision of this chapter.
[Amended 3-3-1952 ATM by Art. 41;
4-26-1976] ATM by Art. 34; 4-23-1985] ATM by Art. 37; 5-15-1996] ATM by Art.
14; 5-1-2001] ATM by Art. 37]
B.
Nothing in this by-law shall prohibit the Town from making
purchases pursuant to MGL c. 7, §§ 22A and 22B without separately
advertising and obtaining bids. This by-law shall be deemed to have been complied
with when one municipality acting on behalf of other municipalities complies
with the provisions of MGL c. 40, § 4G[1] or when purchases are made from a vendor holding a contract with
the commonwealth for the item or items being purchased.
[Added 12-3-1987 STM by Art. 25]
[1]
Editor's Note: Section 4G of Chapter 40 was repealed by Chapter 687
of the Acts of 1989.
[Amended 4-24-1978 ATM by Art.
16; 4-28-1980 ATM by Art. 45; 4-28-1998 ATM by Art. 35]
All contracts made by any department, board, or commission where the
amount involves $5,000 or more shall be in writing and no such contract shall
be deemed to have been made or executed until the approval of the Selectmen
and of the department, board or commission making the contract is affixed
thereto. Any contract made as aforesaid may be required to be accompanied
by a bond with sureties satisfactory to the board or official having the matter
in charge, or by a deposit of money, certified check or other securities for
the faithful performance thereof, and such bonds or other securities shall
be deposited with the Town Treasurer until the contract has been carried out
in all respects. And no contract shall be altered except by a written agreement
of the contractor, the sureties on his bond, and the officer, department or
board making the contract with the approval of the Selectmen affixed thereto.
[Added 4-25-1977 ATM by Art. 54]
The Board of Water Commissioners may levy special assessments to meet
the whole or any part of the cost hereafter incurred by the Town in laying
pipes and necessary appurtenances thereto in public or private ways and may
require that the owner or owners of land which received benefits from the
laying of water pipes in public or private ways upon which such land abuts,
or by more remote means received benefit from the supplying of water to land
or buildings shall by demand charges pay a proportionate part of the cost,
not already assessed, of extending the water supply to such land or building.
[Added 8-13-1979 STM by Art. 5]
A.
Upon notification by any department head that any property
other than real property within the care and control of said department is
surplus and no longer needed for departmental operations, the Board of Selectmen
shall, within their discretion, either transfer such property to the care
and control of any other Town department or sell or otherwise dispose of such
property on whatever terms may be most advantageous to the Town. In the event
of sale of any such property having a value in excess of $25,000, in accordance
with MGL c. 30B, § 15, or as amended, sale shall be made only after
sealed bids or auction has been posted for at least two weeks in a conspicuous
place at Town offices, and publishing the notice of sale not less than two
weeks prior to the bid opening or auction in a newspaper of general circulation
in the Town. The Police Department must auction unclaimed property pursuant
to MGL c. 135, § 8.
[Amended 5-1-2001 ATM by Art. 19]
[Added 8-13-1979 STM by Art. 5]
Upon notification by the Town Forest Committee that growing timber on
any Town-owned land should be harvested, taking into consideration good forestry
practices, the Board of Selectmen, acting in conjunction with the Forest Committee,
shall offer such timber for sale by soliciting sealed bids therefor, which
bids shall be opened and read at a regular meeting of the Board of Selectmen.
The Selectmen shall have the right, acting in the best interest of the Town,
to reject any and all bidders.
[Added 5-1-2001 ATM by Art. 37]
Any changes to any sections of MGL c. 30B, to MGL c. 30, § 39M,
c. 149 and/or c. 7 after the effective date of this bylaw which amend the
dollar figures set forth in this bylaw shall be deemed to be incorporated
into this bylaw without further vote of the Town Meeting so that this bylaw
is in conformance with applicable state law as amended from time to time.
