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By-law No. 1998-063 CORPORATION OF THE MUNICIPALITY OF BAYHAM BY-LAW NO. 98-63 BEING A BY-LAW TO ESTABLISH A PROCEDURE GOVERNING THE SALE OF MUNICIPAL OWNED LAND, EQUIPMENT AND SUPPLIES. WHEREAS Section 193 of the Municipal Act, R.S.O. 1990, Chapter M.45 as amended, requires that every Council with authority to sell or otherwise dispose of real property shall establish procedures governing the sale 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 of the real property; AND WHEREAS the by-law must include a provision that Council shall give notice to the public of the proposed sale; AND WHEREAS the by-law could include a provision authorizing different procedures for different classes of property; AND WHEREAS the Council of the Corporation of the Municipality of Bayham deems it expedient to include in the said by-law, a procedure for the disposal of municipal owned equipment and supplies; THEREFORE THE COUNCIL OF '1'll1 CORPORATION OF THE MUNICIPALITY OF BAYHAM HEREBY ENACTS AS FOLLOWS: 1. THAT for the purposes of this by-law, the following definitions shall apply: Definitions Real Property shall mean municipal owned land(to include those lands previously owned by the Village of Port Burwell, the Village of Vienna and the Township of Bayham prior to amalgamation of the two Villages with the Township of Bayham and any built structures contained thereon). Surplus shall mean surplus to the needs of the Administration of the Municipality of Bayham. Closed Road Allowance shall mean any road allowance or a portion of a road allowance in either the former Village of Port Burwell, Village of Vienna or Township of Bayham which has been legally closed by a by-law enacted by the respective Council; or a road allowance which the Council of the Corporation of the Municipality of Bayham has deemed expedient to stop up, close and convey to the abutting property owners. Equipment&Supplies shall mean any equipment, vehicles, furniture and supplies owned by the Municipality of Bayham. 2. THAT the Council of the Corporation of the Municipality of Bayham may, at any time, by resolution, declare any of its real property, equipment or supplies to be surplus to the needs of the municipality and shall authorize that action be taken as described in Schedule"A" attached hereto and forming part of this by-law. BY-LAW NUMBER 98-63 Page 2 3. THAT this By-law and Schedule "A" attached hereto shall apply to all classes of land owned by the municipality, unless Council directs to apply the exemptions set out in Schedule "B" attached hereto and forming part of this By-law. 4. THAT a Public Register shall be available for inspection during regular office hours, listing and describing the real property, owned and leased by the municipality, 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 be amended from time to time. 5. THAT this By-law and attached Schedules may be amended from time to time as the Council of the Corporation of the Municipality of Bayham deems necessary. 6. THAT this By-law shall come into full force and effect upon the date of its enactment. 7. THAT By-law 95-20 (as amended by By-law 97-35) enacted and passed by the Council of the Corporation of the Village of Port Burwell and By-law 95-05 enacted by the Council of the Corporation of the Village of Vienna be and are hereby repealed. READ A FIRST AND SECOND TIME this 16th day of July, 1998. READ A THIRD TIME AND FINALY PASSED this 16th day of July, 1998. i- -.-/ L . 6RCLERK iiiiit A. - Cthtletri,AMj tilt, (n-63 SCHEDULE "A" TO BY-LAW NO. 98-63 Procedures Governing the Disposal of Real Property. Equipment and Supplies 1. SALE 01 REAL PROPERTY Upon the passage of a resolution by the Council of the Corporation of the Municipality of Bayham declaring real property as surplus to the needs of the municipality, ("real property" being defined as municipal owned land), the municipality shall proceed as follows: Step 1 Obtain approval from any other agencies involved if necessary. Step 2 Obtain a survey of the property proposed to be disposed of from an independent surveyor, in accordance with the laws of the Province of Ontario. Step 3 Obtain an appraisal of the real property from an independent qualified appraiser who shall: • Be a registered member in good standing of the Appraisal Institute of Canada • Not be directly connected with any real estate brokerage firm, e.g. real estate agent; and • Conduct business primarily in or near the local municipality. Step 4 Select one of the three options regarding disposal of real property as listed below. Note A municipality may sell various classes of real property without obtaining an appraisal under subsection 193 (4) of the Municipal Act as outlined in Schedule"B" hereto. Any cost associated with the sale,legal, survey, advertising shall be incorporated into the sale price. 1.1 Option No. 1 —Sale by Tender or Reauest for Quotations 1.1.1 Costs incurred or required to dispose of real property including legal fees, survey costs, appraisal fee, encumbrances, advertising, improvements etc. shall be established. 1.1.2 An estimated bid amount shall be established which shall be based upon the appraised value and shall be increased to include the amount of the costs referred to in clause 1.1.1 above. 1.1.3 An advertisement shall be placed in local newspapers having general circulation in the municipality which is intended to provide coverage throughout the entire geographic area of the municipality. Advertisements outside the municipality shall be at the discretion of Council. The advertisement shall include a brief description of the property, including a small location sketch and shall specify the dates involved with the sale. The advertisement shall provide a minimum of three full calendar weeks from the time it appears until the final sale is recommended to Council. SCHEDULE "A" TO BY-LAW NO. 98-63 (continued) 1.1.4 The tender or quotation documents and the advertisements shall include the statement "the highest or any offer may not necessarily be accepted" The tender or quotation documents shall be submitted to the Administrator-Treasurer prior to the deadline specified. 1.1.5 The Administrator-Treasurer shall submit a subsequent report to Council setting out the tenders or quotations submitted for disposition. 1.2 Option No. 2—Sale by Real Estate Firm or Broker 1.2.1 Council shall determine by request for quotations the real estate commission payable by the municipality. 1.2.2 An appropriate advertisement shall be placed in a newspaper having general circulation in the municipality. Advertisements in any other newspapers shall be at the discretion of the Council and shall include a brief description of the property including a small location sketch. 1.2.3 Offers to Purchase shall be submitted to the Administrator-Treasurer who shall prepare a subsequent report to Council for disposition. 1.3 Option No. 3—Sale by Offers to Purchase Without A Real Estate Firm or Broker 1.3.1 An appropriate advertisement shall be placed in a newspaper having general circulation in the municipality. Advertisements in any other newspapers shall be at the discretion of Council. The advertisement shall include a brief description of the property, including a small location sketch, Advertisements shall include the statement "the highest or any offer may not necessarily be accepted" 1.3.2 Offers to Purchase shall be submitted to the Administrator-Treasurer who shall prepare a subsequent report to Council for disposition. 2. SALE OF CLOSED ROAD ALLOWANCE In the event that any road allowance or portion of a road allowance is closed by by-law in accordance with the procedures set out in the Municipal Act, the real property shall be offered to each abutting property owner. Upon determination of their willingness to acquire the said lands, or decline the conveyance(in writing), a survey shall be prepared by an independent surveyor in accordance with the laws of the Province of Ontario setting out the parcel(s) to be conveyed as Parts on the Reference Plan. The Purchaser(s) shall agree in writing to pay for all surveying, advertising and legal costs. In the event there is more than one Purchaser, these costs shall be apportioned equally and payment made to the Municipality of Bayham prior to the registration of the Transfer Deed(s). SCHEDULE "A" TO BY-LAW NO. 98-63 (continued) 3. SALE OF EQUIPMENT AND SUPPLIES BY TENDER OR REQUEST FOR QUOTATION 3.1 When the municipality has declared that any equipment and/or supplies are surplus, at the direction of Council, an estimated value shall be placed on the item(s) for sale purposes. 3.2 An advertisement shall be placed in local newspapers having general circulation in the municipality which is intended to provide coverage throughout the entire geographic area of the Municipality of Bayham. Advertisements outside the municipality shall be at the discretion of Council. The advertisement shall include a brief description of the item(s) and contain the statement "The highest or any offer may not necessarily be accepted" 3.3 The Tender or Quotation shall be submitted to the Administrator-Treasurer. 3.4 The Administrator-Treasurer shall submit a subsequent report to Council setting out the tenders or quotations submitted for disposition. SCHEDULE "B" TO BY-LAW NO. 98-63 1. A municipality or local board may sell the following classes of real property without obtaining an appraisal under subsection 193(4) of the Municipal Act: • Land 0,3 metres or less in width acquired in connection with an approval or decision under the Planning Act. • Highways, roads and road allowances. • Land formerly used for railway branch lines if sold to an owner of land abutting the former railway land. • Land that does not have direct access to a highway if sold to the owner of land abutting that land. • Land re-purchased by an owner in accordance with Section 42 of the Expropriations Act. • Land to be used for sites for the establishment and carrying on of industries and of industrial operations and incidental uses. • Land sold under Sections 112, 112.1, 112.2 and 113 of the Municipal Act. • Easements granted to public utilities or to telephone companies. 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 Municipal Act: • Any municipality, • A local board as defined in the Municipal Affairs Act. • An authority under the Conservation Authorities Act. • The Crown in Right of Ontario or of Canada and their agencies. 3. A municipality or local board is not required to list the following classes of real property in the public register established under Section 193 (7) of the Municipal Act: • Land 0.3 metres or less in width acquired in connection with an approval or decision under the Planning Act. • All highways, roads and road allowances, whether or not opened, unopened, closed or stopped up. • Land formerly used for railway branch lines.