BY-LAW NO. 98-1L) Being a By-law to amend By-Law No , a by-law to establish procedures for the disposal of real property

Transcription

1 THE CORPORATION OF THE TOWNSHIP OF MANITOUWADGE BY-LAW NO. 98-1L) Being a By-law to amend By-Law No , a by-law to establish procedures for the disposal of real property WHEREAS Section 193(2) of the Municipal Act, R.S.O. 1990, c.m.45 as amended, provides that every Council with authority to sell or dispose of real property, shall pass a by-law to establish procedures, including the giving ofpublic notice, before disposing of any real property; AND WHEREAS it is deemed necessary to amend By-Law No ; NOW THEREFORE the Council of the Corporation of the Township of Manitouwadge enacts as follows that: 1. Paragraph 2 (b) of By-Law No is hereby amended to read as follows: 2. (b) obtain at least one appraisal of the fair market value of the real property, or alternatively where there is little likelihood of attracting buyers at the appraised value, the current value assessment may be used; and 2. this By-law comes into force and takes effect upon the date of its passing. READ A 1ST AND 2ND TEvifi this 37 day of ING, 1998 and READ A TFffl{D Tilvifi AND FINALLY ENACTED this arh day of m y (7

2 THE CORPORATION OF THE TOWNSHIP OF MAMTOUWADGE BY-LAW NO. 95- U 9 Being a By-law to establish procedures for the disposal of real property q 1-I q WHEREAS Section 193(2) of the Municipal Act, R.S.O. 1990, c.m.45, as amended, provides that every Council with authority to sell or dispose of real property, shall pass a by-law to establish procedures, including the giving of public notice, before disposing of any real property; AND WHEREAS the Council of the Corporation of the Township of Manitouwadge deems it necessary to pass a by-law to establish procedures governing the disposal of real property; NOW THEREFORE the Council of the Corporation of the Township of Manitouwadge enacts as follows that: 1. DEFINITIONS - For the purposes of this by-law: (1) Agent shall mean a local real estate company. (2) Appraisal shall mean a written opinion as to the amount that the real property might be expected to realize if sold in the open market by a willing seller to a willing buyer. (3) C.A.O. shall mean the Chief Administrative Officer of the Corporation. (4) Clerk shall mean the Clerk of the Corporation. (5) Corporation shall mean The Corporation of the Township of Manitouwadge. (6) Council shall mean the Council of the Corporation. (7) Disposal shall mean the sale of real property or the lease of real property for a period of 21 years or longer. (8) Head of the Council shall mean the Reeve of the Corporation. Act (9) Meeting shall mean any regular, special, committee or other meeting of the Council. (10) Member of Council shall mean a member of the Council and includes the Head. (11 ) Municipality shall mean the Corporation. (12) Open Meeting shall mean any meeting or pan of a meeting that is open to the public. I Act (13) Presiding Officer shall mean the Head of the Council or in his absence, the Acting Head of the Council. (14) Public Notice shall mean notice of the publication in the local newspaper legally describing the real property including the municipal address if available. SURPLUS LANT)S

3 -2- A BY-LAW TO ESTABLISH PROCEDURES FOR THE DISPOSAL OF REAL PROPERTY BY-LAW NO. 2. Before selling any real property, every council and local board shall, (a) by by-law or resolution passed at a meeting open to the public declare the real property to be surplus; L (b) obtain at least one appraisal of the fair market value of the real property; and (c) give notice to the public of the proposed sale. APPRAISALS 3. Except for disposals of those classes of property or to those classes of public bodies exempted by the Municipal Act or the regulations made pursuant thereto, as the same may be amended from time to time, the Clerk shall, prior to the disposal of real property, obtain at least one appraisal of the property from the Agent. 4. Those exempted classes of real property are listed on Ontario Regulation 815/94 attached hereto as Schedule A to this by-law and forming an integral part of this by law. EXEMPTION FROM APPRAISAL REQUIREMENTS 5. The Corporation may sell real property without obtaining an appraisal if the property is exempted under the provisions of subsection 193(4) of the Municipal Act or the regulations made pursuant thereto, as the same may be amended from time to time. 6. The Corporation may sell real property without obtaining an appraisal if the purchaser is a public body is exempted under the provisions of subsection 193(4) of the Municipal Act or the regulations made pursuant thereto, as the same may be amended from time to time. 7. Those properties or public bodies referred to in sections 5 and 6 of this By-Law exempted by the Municipal Act or the regulations made pursuant thereto, as the same may be amended from time to time, are set out on Ontario Regulation 8 15/94, attached hereto as Schedule A to this By-Law and forming an integral part of this By-Law. METHOD FOR DISPOSITION OF PROPERTY 8. When the Council has declared real property to be surplus it shall be listed to an agent for disposal. 9. The CAO shall have the authority to accept an offer on behalf of the Corporation provided that the offer is equal to or greater than the appraised value. PUBLIC REGISTER 10. A public register shall be available for inspection during regular office hours, listing and describing the real property, owned and leased by the Corporation, save and except for those classes of real property which may be exempt from listing in the public register by the Municipal Act or the regulations made pursuant thereto, as the same may

4 -3- A BY-LAW TO ESTABLISH PROCEDURES FOR THE DISPOSAL OF REAL PROPERTY BY-LAW NO be amended from time to time. Those exempted classes of real property are listed on Ontario Regulation 815/94 attached hereto as Schedule A to this by-law. CERTIFICATE OF COMPLIANCE 11. A certificate of compliance signed by the Clerk shall be attached to all Transfers and the fee for issuing this Certificate pursuant to the Municipal Act shall be fifty ($50.00) dollars. The Certificate of Compliance shall be in the form attached hereto as Schedule B to this By-Law and forming an integral part of this By-Law. SCHEDULES 12. Attached hereto as Schedule A to this By-Law and forming an integral part of this By-Law is Ontario Regulation 8 15/94 referred to in this By-Law. 13. Attached hereto as Schedule B to this By-law and forming an integral part of this By Law is the Certificate of Compliance referred to in section 25 of this By-Law. 14. This by-law shall be known as the Property Disposal By-Law. GENERAL 15. Wherever the masculine gender is used throughout the sections of this by-law, it is agreed the feminine gender is an acceptable substitute whenever and wherever it is applicable. 16. Where any by-law passed prior to this by-law conflicts with this by-law, the terms of this by-law shall prevail. 17. If there is a conflict between this by-law and the Municipal Act, the provisions of the Municipal Act shall prevail. 18. The marginal notes and headings in the body of this by-law form no part of the By-Law but shall be deemed to be so inserted for convenience of reference only. 19. this By-law comes into force and takes effect upon the date of its passing. READ A 1ST ANT) 2ND Tfl W this 27th day of October, 1995 and READ A THIRD TIME AND FINALLY ENACTED this j3+h day of CeineC, I Reeve Clerk

5 - - This is Schedule A to By Law_.No ontaz4 :Zecation 815/94 RSCUt2iflOi )IADg tumsa riledr Decanbar n, 1994 XU)ItCIflL Act Effective: January 1, 1gs S DIS?OSM. OF 2ROPERTT 1.. A municinality or local board may sell the following classes of real property without obtaining an aunisal under subsection isa (4) of the AccF - 1. Land 0.3 metres or less in width acotjred in connection with an approval or decision under the Planning- Act. 2. Highways, roads and road allowances. 3. Land formerly used for railway branch lines if sold to an owner of laud abutting the former railway land. 4. Land that does not have-direct access to a highway if sold to the owner of land abutting that land Land repurchased by an owner in accordance with section 42 of the exoropriacioms Act. 6. Land to he used for sites, for the establishment and carrying on of industries and of industrial operations and incidental uses. 7, Land gold under sections 112, 112.1, and 113 of the ifunicipal Act. 8. Easements granted to public utilities or to telephone comanies. 9. Land sold under the Municinal Tax Sales Act. 2. A municipality or local board may sell real property to the following classes of public bodies without obtaining an appraisal under subsection 193 (4) -of the Act: 1. Any municipality, includina a metropolitan, regional or district municipality and the County of Oxford. 2. A local board as -defined in the Municipal Affairs Act. 3. An authority under the Conservation Authorities Act 4. The Crown in Right of Ontario or of Canada and their agencies. 3. A municipality or local board is not reotired to list the following classes of real property in the public register established under subsection 193 (7) of the Act: 1. Land 0.3 metres or less in width acotired in connection with an aoproval or decision under the Planning Act. 2. All highways, roads and road allowances, whether or not opened, unopened, closed or stopped uc. 3. Land formerly used for railway branch lines. 4. This Rec-ulation cones into force on the day that sect±on 55 of the Planning and Municipal Statute Law Amendment Act, 1594 cones into fote. Disponibit en francais Minister of Municip Affairs

6 An on passed on on the following data(s) - C This is schedule B to By Law or itncs NO ponx POR USE WI SECtION 193 0? T MuNICIPAL ACt Certificate of Compliance with section 193 of the ffunicina1 Act in the sale or disposition of the real property described as: (Description may be attached) I hereby certify that: - 1. The Municipality passed By-law (/5 (date) ( if applicable) - It is a procedural by law for the purposes of th sale or other disnosition of real property and was in force on the date of the sale or disposition of the property descrthed above. Delete if 2 The property was declared surplus under By law or enacted or not Resolution applicable (4 if applicable) (date) Delete if 3. - not property appraisal of the fair market value of the was obtained on applicable (date) Delete if 4. The property sale or disposition is exempt from not The requirement to obtain an appraisal of its fair applicable market value under the following exemption: - Delete if 5. Public notice of intent to sell or dispose of the not property was given by the following method(s) applicable (describe method(s)) 4signature of clerk or administrative (Date) head) FORM APPROVED DECEMBER 20, 1994 D&ponihk en francais