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CORPORATION OF THE COUNTY OF ESSEX <br /> <br /> BY-LAW NUMBER 3274-97 <br /> <br />A BY-LAW TO ESTABLISH PROCEDURES GOVERNING THE SALE OF <br /> REAL PROPERTY. <br /> <br /> WHEREAS, Section 193 of the Municipal Act, R.S.O., 1990, c. M.45 as amended, requires <br />that municipal Councils establish, by by-law, procedures governing the sale of real property <br />owned by the municipality. <br /> <br /> NOW THEREFORE the Council of the Corporation of the County of Essex enacts as <br />follows: <br /> <br />DEFINITIONS: <br /> <br />1. (1) In this by-law, <br /> <br />(a) <br /> <br />"Corporation" shall mean the Corporation of the County of <br />Essex; <br /> <br />(b) "Sale" shall include, <br /> <br />(i) a lease of 21 years, or more; <br /> <br />(ii) transfers of easements by the Corporation; and <br /> <br />(iii) release of easements in favour of the Corporation. <br /> <br />Council of the Corporation, prior to passing a by-law to authorize the sale of <br />real property, shall obtain at least one appraisal of the fair market value of the real <br />property, unless; <br /> <br />(i) <br /> <br />The real property is of a class that may be sold without <br />obtaining an appraisal, according to the Regulations made <br />pursuant to the Municipal Act, as they may be amended from <br />time to time; or <br /> <br />(ii) <br /> <br />The intended Transferee is a public body to which <br />real property may be sold without obtaining an appraisal <br />according to the Regulations made pursuant to the Municipal <br />Act, as they may be amended from time to time. <br /> <br />The Council of the Corporation shall, prior to the sale of any real property, by by-law or <br />resolution passed at an open meeting of Council, declare the real property to be surplus <br />to the needs and requirements of the Corporation. <br /> <br />The Clerk, after Council has declared real property as surplus to the needs of the <br />Corporation, but before such real property is sold by the Corporation, shall publish on <br />one occasion an advertisement in the Windsor Star giving notice to the public of the <br />Corporation's intention to sell the land in question. <br /> <br /> <br />