Title
Sale of Properties Policy AD 003
Proposed Motion(s)
That Council rescind Sale of Properties Policy AD 003 to allow it to be reclassified as Administrative Directive A-AD03.
Body
Administration Recommendation
Administration supports the recommendation.
Purpose
Sale of Properties Policy AD 003, last reviewed in 2001, requires rescinding by Council to allow administration to approve Administrative Directive A-AD03.
Summary
The recommendation to rescind Sale of Properties Policy AD 003 was tabled by the Governance and Priorities Committee (GPC) at its February 17, 2015 meeting, with a request to administration to further review the processes taken regarding the sale of tax recovery properties. Legislative and Administrative Services advised GPC at their April 7, 2015 meeting that the intention of the new directive is only to eliminate the unnecessary step of taking offers to purchase (of County-owned lands) to Council for approval.
The processes taken regarding the sale of tax recovery properties must be made in accordance to the Municipal Government Act (MGA). Parkland County makes every effort to contact land owners to make them fully aware of arrears, also utilizing the services of a tax collection agency. As per the MGA sec. 419, Council must set, for each parcel of land to be offered for sale at a public auction, a reserve bid that is as close as reasonably possible to the market value of the parcel, and any conditions that apply to the sale. Every year, Council is presented with a list of tax recovery properties for this purpose. As per the MGA, if tax recovery properties are not sold at public auction, the County may take title to the properties and market them for sale.
References to tax recovery properites has been removed from Directive A-AD03 to clarify its purpose, which is to provide administrative processes for marketing and selling County-owned properties that Council wishes to dispose of, and pursuant to the Municipal Government Act. Directive A-AD03 permits all offers to purchase properties that are at fair market value (or greater), to be considered and approved by Legislative and Administrative Services. Only in circumstances where an offer to purchase a property for less than market value is being considered, would Council be required to make such a decision.
Strategic Plan/Policy/Legal/Staff Implications
The Chief Administrative Officer (CAO) Bylaw No. 2014-30 sec. 8(1) provides that "The CAO is authorized to approve and execute contracts, agreements, leases, and other required documents that are necessary in relation to the following activities and in accordance with any approved policies, procedures, standards or guidelines: f. the sale of land and/or improvements or an estate or interest in land at fair market value or greater." Policy Development Policy C-AD01 provides for Administrative Directives (approved by the CAO) to direct staff regarding operational matters and internal administration.
Financial Impact:
Cost: N/A
Source of Funding: N/A