[HISTORY: Adopted by the City Council of the City of Fitchburg as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Use of equipment — See Ch. 18.
Sale of weapons to police officers — See Ch. 40, Art. I, § 40-5D.
[Adopted 3-5-2002 by Ord. No. 33-02[1]]
[1]
Editor's Note: This ordinance also provided for the deletion of former Art. I, Land Sales, adopted as § 2-36 of the 1965 Code, as amended.
From time to time the City of Fitchburg finds that it has acquired title to real estate by tax taking or otherwise which is not needed for municipal purposes and that it would be in the best interest of the City to dispose of same. The following section outlines the procedures to be followed in the sale/lease of City-owned property. It shall be the policy of the City of Fitchburg to dispose of all real estate in excess of anticipated needs.
A. 
Upon a request for determination of surplus needs as to a particular piece of real property, from the Mayor, City Councilor or department head, or upon petition by an interested person, the Property Committee of the City Council shall cause a file to be established and a surplus needs survey shall be circulated to see if any department or official indicates an interest in the subject property for municipal purposes. After receipt of the survey results, the Property Committee shall vote on the issue of whether the subject property is in excess of the City's needs.
B. 
If the vote is affirmative, the Committee shall report same to the City Council for its deliberation and vote. If the Council votes that the subject property is in excess of the City's needs, the issue of its disposition shall be referred back to the City Council Property Committee for determination of value and referral to the bidding process.
C. 
The Property Committee shall refer the matter to the City's Chief Procurement Officer to manage the disposition and include reuse restrictions on the property as determined by the Committee in said disposition.
[Amended 6-20-2017 by Ord. No. 177-2017]
D. 
(Reserved)[1]
[1]
Editor's Note: Former Subsection D, regarding determination of property value, was repealed 6-20-2017 by Ord. No. 177-2017.
E. 
All property sale transactions by the City shall be accompanied by an administrative fee determined by the Chief Procurement Officer and a bid deposit in the amount equal to 5% of the total bid price. The administrative fee shall not be refundable; however, the bid deposit shall be refunded to the unsuccessful bidders within 60 days of the opening of bids.
[Amended 6-20-2017 by Ord. No. 177-2017]
F. 
Upon receipt of qualified bids or proposals, the Property Committee shall deliberate and vote and refer a recommendation to the City Council.
[Amended 6-20-2017 by Ord. No. 177-2017]
G. 
For vacant land taken pursuant to MGL c. 60 and comprised of less than 10,000 square feet, City Council may use an alternative method for disposition. If City Council votes that the subject property is in excess of City needs, and upon the recommendation of the Property Committee, City Council may vote to designate the subject property to the Side Yard Sales Program. The square foot limit may be waived when designating a property to the Side Yard Sales Program. The Side Yard Sales Committee, which oversees the program, shall be composed of the Treasurer, an Assessor, and the Chairman of the City Council Property Committee. Upon the recommendation of the Side Yard Sales Committee, City Council may vote to sell the subject property.
[Added 12-2-2014 by Ord. No. 296-2014; amended 6-20-2017 by Ord. No. 177-2017; 5-21-2019 by Ord. No. 138-2019]
H. 
Nothing herein shall prevent the duly appointed custodian of tax possessions from applying any procedure set forth in Massachusetts General Law, including but not limited to MGL c. 60, § 77B, for selling or leasing property.
[Added 5-17-2016 by Ord. No. 82-2016]
[Adopted 11-5-1975 by Ord. No. 489-75]
[Amended 6-20-2017 by Ord. No. 177-2017]
From time to time the City of Fitchburg finds it necessary to dispose of scrap metals, materials, residue inventory and surplus equipment.
[Amended 6-20-2017 by Ord. No. 177-2017]
The Chief Procurement Officer shall oversee the disposition of scrap, surplus, and obsolete materials and equipment generated by departments of the City. Departments shall follow the instructions provided by the Chief Procurement Officer.