Thursday, June 05, 2008

Consideration for the 69 acres of Land to be used By Hesperia must be Published.

What are the notice requirements for providing property to the corporation?
The Community Charter Section 26 requires a council to publish notice before disposing of land or improvements. This requirement also applies when a municipality provides property to a corporation in which the municipality holds shares.

Notice of proposed property disposition

26 (1) Before a council disposes of land or improvements, it must publish notice of the proposed disposition in accordance with section 94 [public notice].

(3) In the case of property that is not available to the public for acquisition, notice under this section must include the following:
(a) a description of the land or improvements;
(b) the person or public authority who is to acquire the property under the proposed disposition;
(c) the nature and, if applicable, the term of the proposed disposition;
(d) the consideration to be received by the municipality for the disposition.
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Don Quixote Note:
I do not remember seeing this notification yet but it seems that the consideration (i.e. Consideration* is a benefit or right for which the parties to a contract must bargain;) would spell out what the City Of Vernon would be getting in dollars and other rights such as future dividends etc. for the 69 acres we would be transferring to the Hesperia Corporation. ???

* Although the consideration must be adequate in order to make a contract enforceable, adequacy does not mean that the contract price exactly matches, or exceeds, the fair market value of the property; instead, to be "adequate" the agreed consideration must only approximate the market value sufficiently that the conscience of the Judge is not offended.

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