The URL can be used to link to this page

Home My WebLink About95-22 R THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW 95-22 being a by-law to establish procedures governing the sale of real property pursuant to subsections 193(2) and (3) of the Municipal Act, R.S.O. 1990 c.M.45, as amended WHEREAS Section 55 of the Planning and Municipal Statute Law Amendment Act, 1994 was proclaimed to be in force on January 1, 1995. It repealed and replaced Section 193 of the Municipal Act, R.S.O. 1990, c.M.45 with a new Section 193; AND WHEREAS the new subsections 193(2) and (3) of the Municipal Act require every council with authority to sell or otherwise dispose of real property to pass a by-law to establish procedures, including the giving of notice to the public, governing the sale of real property; AND WHEREAS it is expedient to enact this By-law to establish procedures governing the sale of real property under subsection 193(2) of the Municipal Act, as amended, NOW THEREFORE BE IT ENACTED BY THE COUNCIL OF THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON AS FOLLOWS: 1. In this by-law, the term: • "Act" means the Municipal Act, R.S.O. 1990 c.M.45, as amended from time to time and includes regulations made under it; • "Council" means the council of the Corporation of the Municipality of Clarington; • "Municipality" means The Corporation of the Municipality of Clarington; • "sale" includes a lease of 21 years or longer; and • "surplus property" means real property owned or leased by The Corporation of the Municipality of Clarington which is not required for the purposes of the Municipality. 2. The Municipality's Chief Administrative Officer, or a Director or other head of a department of the Municipality to whom Council has assigned responsibility for real property owned or leased by the Municipality in consultation with the Director of Planning and Development, from time to time shall: (a) identify real property that should be declared to be surplus property by Council; (b) report to Council recommending that Council declare the particular real property to be surplus property and setting out the reason why it should be declared to be surplus property; and (c) advise in every report recommending that Council declare particular real property to be surplus property that at least one appraisal of the fair market value of the real property in question should be obtained before Council decides to sell, or exchange and transfer the real property in accordance with the Act and this by-law, unless an appraisal is not required under the Act. kb f. - 2 - 3. Despite Section 2 but subject to the requirements of the Act, where real property owned by the Municipality consists of highways, public lanes, roads or road allowances, the Director of Public Works in consultation with the Director of Planning and Development from time to time shall: (a) identify the real property that should be declared surplus property by Council; (b) report to Council complying with the Act and Report WD-3-90 which was adopted by Council at its meeting on February 12, 1990, recommending that Council declare that the particular real property to be surplus property and setting out the reasons why it should be declared to be surplus property; (c) advise in every report recommending that real property be declared by Council to be surplus property that at least one appraisal of the fair market value of the real property in question should be obtained before Council decides to sell, or transfer the real property in accordance with the Act and this by-law, unless an appraisal is not required under the Act; and (d) advise in every report recommending that real property be declared to be surplus property, appropriate terms and conditions for the sale or transfer of the real property if it is declared to be surplus property. 4. Where a report to Council is made by the Chief Administrative Officer, a Director or other head of a department of the Municipality pursuant to Section 2 of this By-law, the Director of Planning and Development may also report to the same meeting of Council in all cases in which he is of the opinion that the real property in question, if it is declared by Council to be surplus property, should be sold at its appraised fair market value to a property owner for development in accordance with a land use plan of the Municipality rather than being sold by public tender, and shall set out his recommendation as to the terms and conditions under which such surplus property should be transferred to a property owner by the Municipality. Where in reviewing a report to Council pursuant to Section 2 of this By-law the Director of Planning and Development considers that it to be appropriate in the interest of the Municipality in order to achieve an objective of a land use plan of the Municipality that the real property in question if declared by Council to be surplus property be sold to a property owner for a consideration which is the exchange and transfer to the Municipality of real property of an equivalent or higher value after at least one appraisal of the fair market value of the real property to be exchanged and transferred for the surplus property has been obtained by the Municipality, the Director of Planning and Development may recommend the sale by way of exchange and transfer to Council setting out his recommendation as to the terms and conditions under which the surplus property should be sold by way of exchange for other real property. 5. After complying with the provisions of the Act, and in the case of highways, roads or road allowances the aforesaid Report WD-3-90: (a) before selling or otherwise disposing of real property, Council by by-law or resolution shall declare the real property in question to be surplus property in public session; and (b) Council shall also determine whether the surplus property referred to in clause (a) shall be sold by the acceptance of an offer to purchase submitted by members of the public in response to an invitation to the public to tender offers to purchase, sold at its appraised fair market value to an adjacent property owner, or exchanged and transferred for property of equivalent or greater value as recommended by the Director of Planning and Development pursuant to Section 4 of this By-law. 4 - 3 - 6. Before selling any surplus property whether for cash or the exchange and transfer of other real property for it, unless otherwise provided by the Act, Council shall obtain at least one assessment of the fair market value of the surplus property. 7. (1) In addition to complying with all relevant provisions of the Act, the Clerk shall give notice of a proposed sale of surplus property of the Municipality whether for a consideration to be paid in cash or the exchange and transfer of other real property for the surplus property shall by causing a notice to be published at least once in a newspaper of general circulation in the area in which the surplus property is located not less than seven days prior to the date of the meeting of Council at which the proposed sale of surplus property for cash or exchange and transfer is to be considered. (2) The notice referred to in subsection 7(1) shall: (a) briefly describe the surplus property; (b) shall state whether it is proposed to be exchanged, sold by public tender, or sold to a property owner; (c) shall specify in the case of a sale of surplus property by public tender the name and address of the official of the Municipality from whom interested persons can obtain an information package containing the terms and conditions of the invitation to members of the public to tender offers to purchase the surplus property and containing terms and conditions of any sale; and (d) shall state that the decision of Council to sell the surplus property in question for cash or exchange for other real property will be considered at the public meeting of Council on the date and at the time specified in the notice. By-law read a first and second time this 6th day of March 1995. By-law read a third time and finally passed this 6th day of March 1995. MAYOR L'_-Z CMERK