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THE CORPORATION OF THE TOWN OF ESSEX <br />BY-LAW #855 <br />BEING A BY-LAW TO ESTABLISH POLICIES & PROCEDURES <br />FOR THE SALE AND DISPOSITION OF SURPLUS LAND <br />WHEREAS, Section 270(1) of the Municipal Act 2001 and amendments thereto, <br />provides that a municipality shall adopt and maintain policies with respect to the sale and <br />other disposition of land; <br />AND WHEREAS, from time to time, the Corporation of the Town of Essex may wish to <br />dispose of certain surplus municipal properties contained in its Public Registry attached <br />hereto and marked as Schedule "A", or the classes of land set forth in Paragraph 14; <br />AND WHEREAS, the Council of the Town of Essex desires to establish policies and <br />procedures for the disposition of certain surplus municipal properties contained in <br />Schedule "A", or the classes of land set forth in Paragraph 14. <br />NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE TOWN OF <br />ESSEX ENACTS AS FOLLOWS: <br />Definitions: <br />In this By -Law: <br />(a) Act shall mean the Municipal Act 2001 as amended from time to time. <br />(b) Appraisal shall mean a written opinion as to the amount that the real property <br />might be expected to realize if sold in the open market by a willing seller to a <br />willing buyer. Reference is to be made to the Town's Procurement By -Law <br />when engaging the services of an Appraiser. <br />(c) Call for Proposals shall mean a written offer submitted to the Town, in <br />response to a Request for Proposal. <br />(d) Council shall mean the Council of the Corporation of the Town of Essex. <br />(e) Direct Sale shall mean the sale of surplus Town property to a predetermined <br />purchaser. <br />(f) Land exchange shall mean the reciprocal transfer of lands between the Town <br />and another interested party, as set forth in the terms and conditions that are <br />mutually agreed upon. <br />(g) Listing with a Real Estate Broker shall mean an agreement between the <br />Town and a real estate agent, whereby the agent agrees to sell surplus <br />property on behalf of the Town, and in consideration for the sale of the <br />�+) property will receive a fee or commission. <br />1. (h) Private Sale shall mean that the Town does not engage the services of a real <br />estate agent but acts on its own regarding the sale of surplus Town property. <br />(i) Public Auction shall mean a meeting in an announced public location <br />whereby individuals openly bid to purchase surplus Town property. <br />(j) Public Registry shall mean Schedule "A" attached hereto, listing and <br />describing land owned or leased by the municipality or local board. <br />(k) Public Tender shall mean an advertised solicitation requesting sealed tenders <br />for the sale of surplus Town property. <br />(1) Reserve Bid shall mean the minimum price at which the Town of Essex is <br />willing to sell surplus Town property. It shall include the appraised value, <br />estimated legal costs, appraisal fees, and any other such items as may be <br />determined, unless otherwise directed by Council. <br />(m) Sale shall include a lease of 21 years or more. <br />(n) Town shall mean the Corporation of the Town of Essex. <br />Appraisal of Surplus Real Property: <br />2. Prior to the sale of any real property, Council shall obtain at least one appraisal of <br />the fair market value of the real property. <br />3. Paragraph 2 does not apply to the sale of the following classes of land: <br />(i) Land 0.3 metres or less in width acquired in connection with an approval <br />or decision under the Planning Act; <br />(ii) Closed highways if sold to an owner of land abutting the closed highway; <br />