07-30
6
5 This By-Law and Schedule "A" sha
committees where applicable.
THAT By-Law No. 95-11
be and is hereby repealed
apply to
the Counci
s
local boards and
a)
b)
c)
land 0.3 metres or less in width acqu
decision under the Planning Act;
highways;
land formerly used for ra
Iway
nes
red in connection with an approval or
4 A public register shall be established and maintained listing and describing a
owned or leased by the Corporation, save and except:
a)
b)
c)
a municipality;
a local board, including a school board and a conservation authority;
The Crown In Right of Ontario or Canada and their agencies
land
3. Council may sell or dispose of
obtaining an appraisal:
a)
b)
c)
d)
e)
f)
g)
h)
and
land 0.3 metres or less in width acqu
decision under the Planning Act;
land formerly used for railway 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 repurchased by an owner in accordance with Section 42 of the
Expropriations Act;
easements granted to public utilities or to telephone companies;
classes of land described under Section 110 of the Municipal Act (agreements
for municipal capital facilities);
land sold under Section 107 (general power to make grants)
surplus land acquired for road widening
to the following classes of public bodies without
2. This By-Law and Schedule "A" sha
Corporation, save and except:
red
apply to a
n connection with an approval or
classes of
and owned by the
1. Council shall by resolution prior to the sale or other disposition of land, declare any
of its land to be surplus to the needs of the Corporation and to take action as described in
Schedule "A" attached hereto
NOW THEREFORE
enacts as follows
the MUnicipal Council of the Corporation of the County of Elgin
requ
WHEREAS it is deemed desirable to establish reasonable and accountable
rements respecting the sale and other disposition of land
WHEREAS pursuant to the MUnicipal Act, 2001, S.O. 2001, c. 25, S. 270, a
municipality shall adopt and maintain a policy with respect to its sale and other disposition
of land; and
DISPOSITION OF LAND AND TO REPEAL BY-LAW NO. 95-11
BEING A BY-LAW TO ESTABLISH A POLICY RESPECTING THE SALE AND OTHER
By-Law No. 07-30
COUNTY OF ELGIN
-2-
7 This by-law shall come Into force and effect on the date of its passing
READ a first and second time this 16th day of October 2007
READ a third time and finally passed this 16th day of October 2007
Mark G. ,
Chief Administrative Officer.
after issuing a public notice. Counci
landowner.
iv)
may offer the surplus property to the abutting
the tender or quotation documents shall be submitted to the County Chief
Administrative Officer or designate and shall include the statement that "the
highest or any offer may not necessarily be accepted"; and
an estimated bid amount shall be established, which shall be based on the
appraised value and shall be increased to include the amounts of the costs
referred to in Clause 4 ii) above
)
)
costs incurred or
survey, appraisal
established;
required to dispose of the proposed land, including legal
encumbrances, advertising, improvement, etc., shall be
fees
public notice shall be given by advertising in a local newspaper having
sufficient general circulation in the County to provide coverage throughout the
entire geographic area of Elgin County at least fourteen (14) days prior to the
Council meeting when the sale or disposition will be decided and posted on the
County website. Advertisement in newspapers outside the County of Elgin
shall be at the discretion of the Council. The advertisement shall include a brief
description of the land, including a small location sketch or reference to a
municipal address or to a legal description, and the name and address of the
person who will receive written submissions including the deadline for receiving
submissions
4
)
Should
the method be to se
the land by tender or request for quotations
conduct business primarily in or near the local municipa
property to be disposed of is located
)
ity where the proposed
not be directly connected with any real estate brokerage firm
agent; and
)
)
be a
registered member
n good standing of the Appraisa
e. a real estate
nstitute of Canada
3. Obtain an appraisal, if required, of the fair market value of the land proposed
disposed of from an independent qualified appraiser who shall:
to be
2 Obtain a survey of the land proposed to be disposed of from an independent
surveyor in accordance with the laws of the Province of Ontario, if deemed appropriate
1
Obtain approva
PROCEDURE - SALE AND OTHER DISPOSITION OF LAND
from any other agencies Involved
if necessary
SCHEDULE "A"
By-Law No. 07-30
-3-