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HomeMy WebLinkAboutBRU 96 014 mun owned property THE CORPORATION OF THE TONNSHIP OF BRUCE BY-LAW NO. 96-14 BEING A BY-LAW to establish procedures for the sale of real property owned by the municipality. WHEREAS Section 193 of the Municipal Act requires the adoption of a by-law to govern the sale of certain real property by the municipality. NOW THEREFORE the Council of The Corporation of the Township of Bruce enacts as follows: 1. That where made applicable by Section 193 of the Municipal Act, this by-law shall apply to the sale of real property by the Corporation including a lease of 21 years or longer. 2. That prior to the disposal of property the Council shall by resolution declare the property to be surplus. 3. That prior to the disposal of real property and where there is no exemption under the regulations, the Council shall obtain at least one appraisal of the fair market value of the real property. 4. That the form of appraisal shall be an "Opinion of Val ue' from a Realtor. 5. That the Council may direct by resolution that the appraisal shall be conducted by an independent qualified appraiser who is a registered member in good standing of the Appraisal Institute of Canada. 6. That notice to the public of the proposed sale shall be given at least 10 days, including holidays, prior to the disposal of real property by posting a notice on the subject property or at a nearby location chosen by the cl erk-Treasurer or his delegate. 7. That the Council may direct by resolution that the notice to the public be given by publication in a newspaper having general circulation in the municipality. 8. That unsolicited offers to purchase real property may be processed on a first come first serve basis, provided the other statutory requirements as listed in previous paragraphs are completed. THE CORPORATION OF THE TOWNSHIP OF BRUCE BY-LAW NO. 96-14 PAGE 2 9. That when more than one party has expressed an interest in purchasing real property or where the Council believes it to be in the best interests of the community, the Council may by resolution direct that the real property be sold by tender. 10. That when the Council directs that the real property be sold by tender, the tendering policy and procedures in effect at the time shall apply with necessary modifications. The highest or any tender will not necessarily be accepted. 11. That the purchaser shall be responsible for all costs incurred or required to dispose of the real property including legal, survey, appraisal, encumbrances, advertising, improvements, administrative fees and so on, at the discretion of Council. 12. That where the real property is not to be disposed of by tender, the purchaser shall pay in advance, the appraisal costs and the cost of giving notice to the public. 13. That the fee for issuing a 'Certificate pursuant to the Act shall be $50.00, and the Compliance' be approved as in the form set out attached. of Compliance' 'Certificate of in Schedule "A" By-law introduced and read a First time this TWENTY-THIRD day of JULY, 1996. By-law read a Second time this TWENTY-THIRD day of JULY, 1996. By-law read a Third time and finally passed, signed, sealed, and numbered 96-14 this TWENTY-THIRD day of JULY, 1996. ~,~ REEVE SEAL - - - --~ -,>-- / .....:., -. ....-- ........-:-.-::- . . ~---,.~~ FORM FOR USE WITH SECTION 193 OF THE MUNICIPAL ACT Certificate of Calpliance with Sectico 193 of the Municipal Act in the sale or dispositim of the real property described as: Descripti... _r be Att."- I hereby certify that: 1. The Municipality passed By-law No. co Date It is a Procedural By-law for the purposes of the sale or other dispositim of real property and was in force m the date of the sale or dispositim of the property described above. Delete if not Applicable 2. The property was declared surplus under By-law or Resolutico No. enacted or passed CD Date Delete if not Applical>le 3. An appraisal of the Fair Market Value of the property was obtained CD Date Delete if DOt Applical>le 4. The property sale or dispositiCD is exepmt fran the requirement to obtain an appraisal of its Fair Market Value under the following exelllltiCD: Delete if DOt Applical>le 5. Public notice of intent to sell or dispose of the property was given by the following method{s} _ribe MetbodCe) m the following date{s} Signature of Clerk or Admni.trative _a Date -. -. lA' -nw...~~ 'AI _ By-law Na. <:),10-14 I:' - It this ",,,,.d ...., fill July 1RQL. _ - .III -~