HomeMy Public PortalAbout1054-08 DISPOSAL OF TOWN OWNED LANDS (WARD 1)
A BY-LAW TO REGULATE THE DISPOSAL OF
TOWN OWNED LANDS
BY-LAW # 1054-08
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The Town Council of the Town of Sussex, under authority vested in it by
Section 4 (2) (c) of the Municipalities Act, R.S.N.B., 1973, M-22 and
amendments thereto, enacts as follows:
1. TITLE
This by-law may be cited as A By-Law to Regulate the
Disposal of Town Owned Lands.
2. DEFINITIONS
In this by-law unless the context otherwise requires:
(a) “Clerk” means the Clerk of the municipality;
(b) “Corporation” means the municipality;
(c) “Council” means the Council of the municipality;
(d) “Councillor” means a member of the Council other than the
Mayor;
(e) “Mayor” means the Mayor of the municipality;
(f) “Municipality” means the Town of Sussex;
(g) “Municipal Officer” means a person appointed by the Council,
under the Municipalities Act, in a supervisory capacity; and
(i) “Treasurer” means the Treasurer of the municipality.
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3. The Council shall require a survey plan prepared by a registered land
surveyor for Town owned land proposed to be sold prior to any
Council motion approving the sale of said land.
4. The disposal of Town owned lands shall require a motion of Council
indicating the approval of the sale of said lands and that Town
Council authorize the Mayor and Town Clerk to sign the deed on
behalf of the Town.
5. No member of the Town Council or appointed Town official, by their
self, or any firm or corporation in which any of the above mentioned
persons has any interest other than as a shareholder, shall be eligible
to purchase land, while such Council member or appointed Town
official holds such office or position.
6. Any conveyance of land under this by-law shall be subject to the
provision that the land shall revert to the Town, in the event
construction is not commenced within one year from the time of the
deed acquisition.
The Town reserves the right to reacquire the land together with all
improvements in the said land at the same purchase price that the
Town received for it.
7. In the event an owner sells his undeveloped property that was
purchased from the Town, the regulations of this by-law shall apply
to the new owner.
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8. An owner, upon written request to the Council, may ask Council for
an extension of time and such extension of time shall be at the
discretion of the Council to develop his undeveloped lot and the
Council may by a motion of Council grant an extension of time for an
owner to develop his undeveloped lot.
9. This by-law shall not be applicable to parcels of land that are fully
developed with a structure located on them.
10. The Treasurer, on behalf of Council, shall record, collect and deposit
all monies received for the disposal of Town owned lands.
11. PLURAL OR FEMININE TERMS
Plural or feminine terms may apply whenever the singular, masculine
or feminine is used in this by-law. It shall be considered as if the
plural, feminine or masculine has been used where the context of the
party or parties hereto so requires.
12. VALIDITY
The invalidity of any Section, clause, sentence or provision of this
by-law shall not affect the validity of any other part of this by-law
which can be given effect without such invalid part or parts.
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13. REPEAL
(1) A by-law entitled “By-Law # 1054-99, A By-Law of the Town
of Sussex Regulating the Administration of the Disposal of
Town Owned Lands” enacted April 26, 1999, and amendments
thereto, are hereby repealed.
(2) A repeal of the by-law designated in subsection (1) thereof
shall not affect any penalty, forfeiture or liability, incurred
before such repeal or any proceeding for enforcing the same
completed or pending at the time of repeal, nor shall it repeal,
defeat, disturb, invalidate or prejudicially affect any matter or
thing whatsoever completed, existing or pending at the time of
repeal.
READ FIRST TIME BY TITLE JUNE 23, 2008
READ SECOND TIME BY TITLE JUNE 23, 2008
READ IN ENTIRETY AUGUST 25, 2008
THIRD READING BY TITLE
AND ENACTED AUGUST 25, 2008
PAUL I. MAGUIRE RALPH A. CARR
TOWN CLERK MAYOR