BY-LAW NUMBER 2002-115
THE
CORPORATION OF THE TOWNSHIP OF RIDEAU LAKES
BEING a
By-Law to establish procedures governing the sale or disposal of real property
owned by the Township of Rideau Lakes.
WHEREAS Section
193(2) of the Municipal act provides that every Council shall by By-Law
establish procedures governing the sale or disposal of real property;
AND WHEREAS the
By-Law must include a provision that Council shall officially declare, by
Resolution, the real property to be surplus;
AND WHEREAS the
By-Law must include a provision that Council shall obtain at least one
appraisal of the fair market value for the real property;
AND WHEREAS the
By-Law must include a provision that Council shall give notice to the public of
the proposed sale or disposal of real property;
AND WHEREAS the
Minister, by Regulations has prescribed classes of real property and certain
public bodies for which an appraisal is not required.
NOW THEREFORE the Council of The Corporation of the Township of Rideau Lakes
enacts as follows:
1. Council shall, at any time, by
Resolution, declare any of its real property to be surplus to the needs of the
Municipality, and shall authorize action be taken as described in Schedule “A”
attached hereto.
2. This By-Law and Schedule “A” shall apply
to the sale or disposal of all classes of land owned by the Municipality,
including a lease of 21 years or longer, save and except;
a)
Classes of land numbered 1, 3, 4, 5,
and 8 described in Regulations 815/94, and
b)
Classes of land described under Section
210.1 of the Municipal Act, and
c)
Surplus land acquired for road
widening, and
Which Classes
shall be subject to their own specific procedures.
3. Subject to the provisions of Schedule
“A”, the method of sale or disposal of real property shall be by Tender,
Auction or other appropriate method as determined by Council and/or
Administrator / Deputy Clerk / Deputy Treasurer.
4. Schedule
“A” attached hereto shall form part of this By-Law.
5. This
By-Law shall come into force and effect on the date of final reading.
6. All other By-Laws, Resolutions, Motion
or Actions of Council that are in contravention of this By-Law are hereby
repealed.
Read a first, second and third time, and
finally passed this 19th day of August 2002.
_______________________________ ______________________________
Ronald E. Holman Myrna
Stearry, A.M.C.T.
Reeve Clerk-Coordinator
SCHEDULE “A”
to
BY-LAW
NUMBER 2002-115
PROCEDURE
– SALE/DISPOSAL OF REAL PROPERTY
1.
That prior to the sale or disposal of
real property the Council shall by Resolution declare the property to be
surplus.
2.
That prior to the sale or disposal of
real property, and where there is no exemption, the Council shall obtain an
appraisal of the real property, from an independent qualified appraiser, who
shall:
a) be a registered member, in good standing, of the Appraisal Institute
of Canada,
b) conducts business in or near the local municipality, where the
proposed property to be disposed of is located.
3.
That a survey of the real property
proposed to be disposed of be obtained from an independent surveyor, in
accordance with the laws of the Province of Ontario.
4.
That approval be obtained from other
agencies involved, if necessary.
5.
That the purchaser shall be
responsible for all costs incurred or required to dispose of the real property
including, but not limited to legal fees, survey costs, appraisal costs,
encumbrances, advertising, improvements, administrative fees.
6.
That the fee for issuing a
“Certificate of Compliance”, pursuant to the Act, shall be $50.00.
7.
The sale or disposal of real property
may be by tender, auction, or other appropriate method as determined by Council
and/or Administrator / Deputy Clerk / Deputy Treasurer.
8.
That notice to the public, of the
proposed sale or disposal of the real property, be given in the following
manner:
a) posting of the notice, on the real property,
b) publication of the notice in a newspaper having general circulation
in the municipality.
9.
The notice shall include a brief
description of the property, including a small location sketch.
10.
If sale or disposal is by the Tender
method, then the notice to be posted up and published shall include the
following:
a) specify the date for submitting tender,
b) the notation “the highest or any tender may not necessarily be
accepted”,
c) the date, time and location of opening of tenders.
