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HomeMy WebLinkAbout03 133 real property disposal ¡ 1- , , e . . -e ,. TIIE CORPORATION OF TIlE MUNICIPALITY OF KINC INE BY-LAW NO. 2003 -133 BEING A BY-LAW TO ESTABLISH PROCEDURES REGARhlNG THE SALE OF REAL PROPERTY r WHEREAS Section 268 (1) ofthe Municipal Act, 2001, 5.0. 20 1, c. 25, as amended, requires a Council of a municipality to pass a by-law to establish procedures governing the sale of real property owned by the m nicipality; NOW THEREFORE the Council of the Corporation of the Muni~iPality of Kincardine ENACTS as follows: , ! Definitions: 1. (1) i ¡ For the purpose of this bytaw: I (a) "appraisal" shall mean a written oPinion1as to the amount that the real property might be expected 0 realize if sold in the open market by a willing seller to a will ng buyer. (b) "Municipality" shall mean The Corporation 10f the Municipality of Kincardine. i (c) "disposal" shall mean the sale of real prop rty or the lease of real property for a period of 21 years or 10 ger. i (d) "public notice" shall consist of one a~vertisement in a newspaper having general circulation wit in the Municipality prior to the date of the Committee or Cou cil meeting, as the case may be, at which the disposal is to b. considered. , , , Surplus Lands I I 2. Prior to the disposal of any real property, the Council shall by by-law or resolution declare the real property to be surplus, s e and except for those classes of property which are exempt from such requirement pursuant to the provisions of the Municipal Act, 2001, hich are set out in Schedule "A" attached hereto and forming part of this b -law. Appraisals I I 3. Except for disposals of those classes of property, or ~ those classes of public bodies exempted by The Municipal Act, 2001, the Chief Administrative Officer shall, prior to the disposal of the real property, obtain at least one appraisal of the property. For those classes of property, or to those classes of public bodies, exempte by The Municipal Act, 2001 refer to Schedule "A" attached hereto and rming part of this by-law. . . ./2 ~-,-- ------- !. ~ e e e e 2 Real Property Disposal By-law 2003 - 133 Public Notice 4. (1) The Chief Administrative Officer shall ensure th* public notice of the disposal of real property shall be effected pricþr to the passage of the by-law approving the disposal of the re~1 property of the Municipality, save and except for those classes bf property which are exempt from such requirement pursuant to th~ provisions of the Municipal Act, 2001, which are set out in 5che~ule "A" attached hereto and forming part of this by-law. (2) Notwithstanding subsection (1), in the event that nþtice to the public is specified by statute, the Chief Administrative Officer shall ensure that notice in accordance with the provisions cþf the applicable statute are effected, in addition to the public notic~ required by this by-law. Public Reaister 5. A public register shall be available for inspection du~ng regular office hours, listing and describing the real property, owned and leased by the Municipality, save and except for those classes of real property which are exempt from listing in the public register by the Municipal Act, 2001, or the regulations made pursuant thereto, as the same may ~e amended from time to time. Those classes of real property exempt fronil the said register are outlined on Schedule "A" attached hereto and formi~g part of this by- law. Effective Date 6. This by-law shall come into full force and effect upon its ~nal passing. Title 7. This by-law may be cited as the "Real Property Disposal ~003 By-law". READ a FIRST, SECOND, and THIRD time and DEEMED TO ~E PASSED this 17th day of September, 2003. ~z:- /'--// ~ ~ . e e 5. 6. 7. 8. e 1. 2. 3. 4. e Real Property Disposal 2003 By-law No. 2003 - 133 SCHEDULE "A" CLASSES OF REAL PROPERTY EXEMPT FROM APPRAISAL REQUIREMENTS 1. Land 0.3 metres or less in width acquired in connection with an approval or decision under the Planning Act. 2. Closed highways if sold to an owner of land abutting the closed highways. 3. Land formerly used for railway lines if sold to an owner of land 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 Expropriations Act. land sold under sections 107, 108 and 109 ofthe Municipal Act, 2001. Easements granted to public utilities or to telephone companies. land sold under Part XI of the Municipal Act, 2001. CLASSES OF REAL PROPERTY EXEMPT FROM APPRAISAL. NOTICE AND DECLARATION OF SURPLUS REQUIREMENTS 1. lands sold under Section 110 of the Municipal Act, 2001. 2. land to be used for sites for the establishment and carrying on of industries and of industrial operations and incidental uses. EXEMPT CLASSES OF PUBLIC BODIES Any municipality. A local board as defined under the Municipal Act, 2001. An authority under the Conservation Authorities Act. The Crown in Right of Ontario or of Canada and their agencies. PROPERTIES EXEMPT FROM LISTING IN REGISTER 1. Land 0.3 metres or less in width acquired in connection with an approval or decision under the Planning Act. 2. All highways, roads and road allowances, whether or not opened, unopened, closed or stopped up. 3. Land formerly used for railway lines.