HomeMy Public PortalAboutBy-law 2023-82 Adopt Procedures for Sale of Municipal LandCORPORATION OF THE MUNICIPALITY OF TWEED
BY-LAW NO. 2023-82
Being a By -Law to Establish the Procedures Governing the Sale of Land by the
Municipality of Tweed, and to Repeal By-law No. 2006-10.
WHEREAS subsection 270 (1) of the Municipal Act, 2001, S.O. 2001, c. 25, as
amended, (hereinafter referred to as "the Act") provides that a municipality shall
adopt and maintain a policy with respect to its sale and other disposition of land;
AND WHEREAS the Council of the Corporation of the Municipality of Tweed
deems it expedient to adopt procedures for the sale of lands owned by the
Municipality of Tweed;
NOW THEREFORE the Council of the Corporation of the Municipality of Tweed
enacts as follows:
1. THAT for the purposes of this By-law the sale of land shall include a lease
of 21 years or longer.
2. THAT prior to the sale of any land by the Municipality the Council shall by
Resolution declare the land to be surplus to the needs of the Municipality.
3. THAT prior to the sale of any land by the Municipality the Council shall
obtain at least one appraisal of the fair market value of the land.
4. THAT prior to the sale of any land by the Municipality the Council shall give
notice to the public of the proposed sale, and that public notice shall be in
accordance with the Municipality's By-law for the giving of notice. Land
advertised as part of a public tender process for a minimum of four weeks
shall be deemed adequate notice.
5. THAT the sale of land shall be by offer to purchase or by tender and the
method of sale shall be as deemed appropriate by and at the determination
of Council.
6. THAT offers received shall be at least the appraised value except when
authorized by Council for an exemption.
7. THAT the Council may by Resolution provide that a purchaser of any
surplus land shall, in addition to the purchase price, be required to pay for
all legal costs, survey costs, and appraisal costs of the Municipality up to a
specified sum.
8. THAT the CAO or Clerk may issue a certificate with respect to the sale of
land by the Municipality verifying that to the best of their knowledge the
requirements of the Act pertaining to the sale of land and this By-law have
been complied with.
9. THAT the fee for issuing a Certificate of Compliance pursuant to the Act and
in accordance with Section 8 shall be $125.00 and the fee shall be payable
to the Municipality in addition to the purchase price.
10. THAT the Municipality shall establish and maintain a public register, which
shall be available for inspection during regular office hours, listing and
describing the real property owned or leased by the Municipality.
11. THAT the classes of land and the sale of land to certain bodies excluded
from the provisions of this By-law shall be in accordance with those
exclusions provided for in the Act.
Page 2 — By-Iaw No. 2023-82
12. THAT By-Iaw No. 2006-10 be repealed in its entirety.
13. THAT this By-law shall come into force and take effect immediately upon
the passing thereof by the Council of the Corporation of the Municipality of
Tweed.
Read a first, second, and third and final time, passed, signed, and sealed in open
Council this 10th day of October, 2023.
'CLERK