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:
THE MUNICIPALITY
LA MUNICIPALITE
OF THE COUNTY OF
DU COMTE DE
-~ .-: RICHMOND
Title:
Sale of Municipal Property
Approved by Council
Policy Review Notification
Policy Review
Date: February 26th, 2024
Date: February 12, 2024
Date: February 12, 2024
this to be a true copy of the Sale of Municipal Property as adopted by the
-v~
.:::l.J'LCrP:al Council f Richmond County at a Public Meeting held February 26, 2024.
1.
Purpose
The purpose of the policy is to sell property in a fair, legally compliant, and impartial
manner, which considers the highest financial return to the Municipality of the County of
Richmond balanced with economic and community development opportunities.
2.
Policy Statement
It is a policy of the Council of the Municipality of the County of Richmond property
deemed surplus by motion of Council be disposed of in accordance with a disposal
method included in this policy and as determined by Council. The Municipality of
Richmond recognizes that municipal property should be sold in a transparent
process that offers the opportunity for all members of the public to participate, in
order to obtain the highest consideration for the taxpayers of the Municipality. The
Municipality recognizes that in some instances there may be important
considerations, such as community or economic development, that would provide
a valid reason to sell a property to a particular person and/or company.
3.
Scope
This policy applies to the sale of all municipal properties.
4.
Policy
4.1 Assessment and Usefulness of Municipally Owned Property
a) When the property has been deemed surplus to the needs of the
municipality. Criteria used to determine usefulness of a municipally owned
property may include one or more of the following:
Jhe Municipality of the County of Richmond - Sale of Municipal Property
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THE MUNICIPALffY
LA MUNICIPALITE
OF THE COUNTI OF
DU COMTE DE
.... ~ ,,,..· RICHMOND
i.
It is no longer required for the use of the Municipality of the County of
Richmond or for the use of the public or the inhabitants of the Municipality
of the County of Richmond.
ii.
No long term use has been identified for the property.
iii.
It is no longer in the best interest of the Municipality to retain ownership of
the property (i.e. cost to maintain the property
outweighs the benefit of retaining).
iv.
Retaining ownership exposes the municipality to liability or risk (i.e. a vacant
building or land would be more vulnerable to vandalism and trespassing).
v.
A non-profit organization has an interest in acquiring the property to provide
a service to the community.
vi.
The abutting property owner(s) expressed an interest in acquiring the
property.
b) Prior to the sale of property, Richmond Council will require a staff report and
recommendations, which are to include as a minimum:
i.
Information on the location and size of the property, including a valid
description.
ii.
Information regarding whether there is a financial need for the funds
that the sale of property will generate.
iii.
Information on whether there are job creation considerations (to include
documentation from the developer outlining the employment and economic
development benefits to be derived).
iv.
For sale of property to a non-profit organization, "that Council considers to
be carrying on an activity that is beneficial to the Municipality", information
must include a written description of the community activity that the
organization provides.
4.2
Powers of Municipality to Dispose of Property
There are a number of methods available to facilitate the disposal of surplus
municipal property.
a)
Call for Expressions of Interest
Advertise a Call for Expressions of Interest to solicit sealed submissions for the
purchase of the property. Should Council choose to proceed with this option,
consideration should be given to the possibility that the highest bid may be
from a non-profit organization that is offering less than market value. Should
this be the case, see item g - Sale to Non-Profit Organizations.
Jhe Municipality of the County of Richmond - Sale of Municipal Property
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THE MUNICIPALITY
LA MUNICTPALITE
OF THE COUNfY OF
DU COMTE DE
-
rT"\~
-- RICHMOND
b)
Public Auction
Advertise and hold a public auction. For sale by public auction, Council will set
a minimum price.
c)
Sale by Listing Agent
List the property for sale by a real estate agent to obtain market value
upon the sale of the property.
d)
Direct Sale to Abutting Property Owner
If the property is deemed insufficient in size or dimension to be capable of any
reasonable use, Council may negotiate the sale of the property to the abutting
landowner. If Council decides a negotiated sale to be the best approach, then
all owners of property immediately abutting the non-usable property shall be
offered, in writing, an approximately equal portion of the parcel at the assessed
value. Where only one abutting property owner thereafter expresses in writing
continued interest in a portion of the parcel, this owner shall be offered the
entire parcel at the predetermined price.
e)
Direct Sale on the Open Market
Surplus properties with high market potential may be disposed of by direct
sale. Direct sale on the open market shall involve establishing a predetermined
price and advertising the property for sale in newspapers appropriate for the
sale. Pricing shall be set at the appraised value as determined by an
independent Certified Real Estate Appraiser. Offers to purchase at the
specified price shall be received in writing and accepted on a first come first
served basis. The term "first come first served" shall mean the first written offer
received from an individual, in a situation where more than one person
becomes interested in purchasing the same property. All written offers shall be
dated, and time stamped and initialed by the Chief Administrative Officer, or
his/her designate, as received. Subsequent written offers to purchase the same
property shall be processed in the order of the date and time received when
conditions of sale to preceding offerers have not been met.
f)
Sale by Land Exchange
Wherever possible, direct land exchange of surplus properties may be
employed as an alternative method for the acquisition of necessary lands to
accomplish the needs of capital works projects, watershed protection, street
widening, etc.
Jhe Municipality of the County of Richmond - Sale of Municipal Property
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THE MUNICIPALITY
LA MUNICIPALITE
OF THE COUNTY OF
DU COMTE DE
-
rn~
,_- RICHMOND
g)
Sale to Non-Profit Organizations
Section 51 of the Municipal Government Act enables a municipality to sell
property at a price less than market value to a non-profit organization if Council
considers the organization to carry on an activity that is beneficial to the
Municipality. The procedure for this process to occur includes a public hearing
respecting the sale of property if the offer to purchase is more than ten
thousand dollars less than market value, and a resolution of Council passed by
at least two-thirds majority of the Council present and voting.
4.3
Unsolicited Proposals
a) When an unsolicited offer to purchase land owned by the Municipality of the
County is received, staff will determine if that property has been deemed surplus
by motion of Council. If already deemed surplus by motion of Council, the
property will be disposed of in accordance with disposal methods included in this
policy.
b) If the property has not been deemed surplus by motion of Council, the request
will be presented to Council. Council will determine if the property is surplus to
the needs of the Municipality. If deemed surplus, staff will proceed to dispose of
the property using the most appropriate method.
4.4
Tenders
Richmond Council recognizes that an inadequate response to a call for tenders may
result in an inadequate consideration being offered for a property. In order to assist,
staff will normally provide Council with a confidential appraisal of a fair market value
for any property which is being tendered. The appraisal will be received by municipal
staff prior to the closing of tenders and is to be utilized by the Municipality to assist in
determining if the public tender has resulted in fair market value.
Policy Review/Amendment Schedule
Date of Review
Forma ly advertised and amended by Co nci
February 12, 2024
Review
February 26, 2024
f\pproved
Jhe Municipality of the County of Richmond - Sale of Municipal Property
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