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2012-112 Policy with Respect to Sale and Disposition of LandTHE CORPORATION OF THE TOWNSHIP OF ORO- MEDONTE BY -LAW NO. 2012 -112 Being a By -law to Establish a Policy with respect to the Sale and Other Disposition of Land and to Repeal By -law Nos. 2007 -083, 2007 -104 and 2009 -119 WHEREAS Section 270 of the Municipal Act, 2001, S.O. 2001, c. 25, as amended, provides that a municipality shall adopt and maintain policies with respect to its sale and other disposition of land; AND WHEREAS Section 224 of the Municipal Act, 2001, S.O. 2001, c. 25, as amended, provides that it is the role of council to develop and evaluate the policies of the municipality; AND WHEREAS Section 227 of the Municipal Act, 2001, S.O. 2001, c. 25, as amended, provides that it is the role of the officers and employees of the municipality to implement council's decisions and establish administrative practices and procedures to carry out council's decisions; AND WHEREAS the Corporation of the Township of Oro - Medonte did, on the 18th day of July, 2007 enact By -Law Number 2007 -083 to establish a policy /procedure with respect to the sale and other disposition of land and did, on the 26th day of September, 2007 enact By -Law Number 2007 -104 to amend this policy /procedure, and did on the 9th day of September, 2009 enact By -Law No. 2009 -119 to amend this policy /procedure; AND WHEREAS, Council of The Corporation of the Township of Oro - Medonte deems it expedient to update the policy with respect to the sale and other disposition of land; NOW THEREFORE the Council of The Corporation of the Township of Oro - Medonte hereby enacts as follows: 1. Definitions a) "Act" means the Municipal Act, 2001, S.O. 2001, as amended; b) "Appraisal" means a written opinion /letter of opinion of the fair market value of the land prepared by an individual with training and experience in valuing real property, including a registered member of the Appraisal Institute of Canada and /or a licensed real estate agent or brokerage firm; c) "Clerk" means the Director Corporate Services /Clerk of the Township, or his /her designate; d) "Council" means the Council of The Corporation of the Township of Oro - Medonte; e) "Local Board" means a local board as defined in the Municipal Act, 2001, S.O. 2001, as amended; f) "Newspaper" means a document that is printed in sheet form, published at regular intervals of a week or less and circulated to the general pubic, and consists primarily of news of current events of general interest; g) "Publish" means published in a newspaper that, in the opinion of the Clerk, has such circulation within the Township of Oro - Medonte as to provide reasonable notice to those affected by, or interested in the land sale and /or posting of a notice on the Township of Oro - Medonte's website; Page 1 of 6 h) "Reference Plan" means a plan that is prepared by an Ontario Land Surveyor which pictorially details the dimensions of a parcel of land and which provides a legal description for registration purposes. i) "Sale" means the sale of or other disposal of land, and includes a lease of 21 years or longer; j) "Senior Management Team" means the Township of Oro - Medonte staff holding the following positions: Chief Administrative Officer, Director Finance/Treasurer /Deputy CAO, Director Corporate Services /Clerk, Director Transportation & Environmental Services, Director Development Services, Director Recreation & Community Services, Director Fire & Emergency Services /Fire Chief, Director Corporate & Strategic Initiatives, and Manger Health & Safety, Human Resources; k) "Surplus Land" means any land of the Township of Oro - Medonte declared surplus under this by -law; and 1) "Township" means The Corporation of the Township of Oro - Medonte. 2. /application of Policy a) This policy shall apply to all classes of land owned by the Township, save and except, i. Land sold under Section 110 of the Municipal Act, 2001, S.O. 2001, as amended (municipal capital facilities); ii. Land to be used for the establishment and carrying on of industries and industrial operations and incidental uses; iii. Land sold under Part XI of the Municipal Act, 2001, S.O. 2001, as amended (sale of land for tax arrears); iv. Easements over municipally owned lands, as approved by Council; v. Lease of municipally owned property for a period of less than 21 years, as approved by Council, wherein the municipality retains ownership of the lands; and, vi. Encroachment Agreements, as approved by Council, wherein the Township grants permission for an encroachment to be located on municipally owned lands. 3. Sale or Other Disposition of Land a) The Senior Management Team shall be given the opportunity to provide comments with respect to any potential sale of land. b) A Confidential Report shall be prepared for Council, to be considered in closed session, pursuant to Section 239 of the Municipal Act, 2001, S.O. 2001, as amended, providing all pertinent information, including Senior Management Team comments, with respect to a potential sale of land. c) Prior to the sale of land, Council shall, by resolution, declare the subject lands to be surplus to the needs of the municipality. d) A valuation of the land to be disposed of shall be obtained, except for those classes of land owned by the Township which are exempt pursuant to this policy. e) If deemed necessary, a reference plan of the land proposed to be disposed of shall be obtained from a Registered Ontario Land Surveyor. Page 2 of 6 4. Valuation a) Where land needs to be valued, it will be valued by a method determined by the Clerk and approved by Council, including, but not limited to: i. An appraisal by a registered member of the Appraisal Institute of Canada; ii. An opinion of value prepared by a licensed real estate agent or real estate brokerage firm; iii. The value assigned by the Municipal Property Assessment Corporation; iv. A value established at a per square foot basis; or v. Such other means as may be specifically determined as appropriate by Council in the circumstances. b) Council shall have the absolute discretion to determine the sale price of the land. 5. Class of Land Exempt from Valuation a) Notwithstanding Section 4 above, the Township shall not be required to obtain an appraisal or opinion of value, unless Council deems it desirable, for any class of land as follows: i. Land 0.3 metres or less in width acquired in connection with an approval or decision under the Planning Act, R.SO. 1990, as amended; ii. Closed highways if sold to an owner of land abutting the closed highways; iii. Land formerly used for railway lines if sold to an owner of land abutting the former railway land; iv. Land that does not have direct access to a highway if sold to the owner of land abutting the land; v. Land repurchased by an owner in accordance with Section 42 of the Expropriations Act, R.S.O. 1990, as amended; vi. Land sold under Sections 107 and 108 of the Municipal Act, 2001, S. 0. 2001, as amended; vii. Land sold to a municipality; a local board, including a school board and conservation authority; The Crown in right of Ontario or Canada, and their agencies; and viii. Parcels of land being exchanged with a landowner as part of a procedure that requires the acquisition of that owner's lands for municipal purposes. 6. Notice a) The Clerk shall publish a notice of the intended sale of the land, a minimum of ten (10) days before consideration of the by -law to authorize the proposed sale. Such notice shall be placed at least once, in at least one (1) newspaper having local circulation in the Township, and may also be posted on the Township's website. b) The notice shall specify that any person who claims their land will be prejudicially affected by the proposed sale may comment on the proposed sale by delivering such comment in writing to the Clerk at the Township offices. c) The final date for submitting such comments shall be specified in the notice. Any comments received shall be considered by Council, which in its sole discretion shall decide if any further action shall be taken on same. Page 3 of 6 d) Notwithstanding Section 6a), the Township shall not be required to publish a notice of the intended sale of land, unless Council deems it desirable, for the following the following class of land: Land sold to a municipality; a local conservation authority; The Crown in agencies; and board, including a school board and right of Ontario or Canada, and their ii. Parcels of land being exchanged with a landowner as part of a procedure that requires the acquisition of that owner's lands for municipal purposes. 7. Methods of Sale a) The Township may utilize any of the following methods, as may be authorized by Council in its sole discretion, to effect the sale of land: i. Offering the land for sale by way of tender or proposal call; ii. Listing the land with a licensed real estate agent or brokerage firm; iii. Direct sale to an abutting landowner; iv. Direct sale to an individual or company; or v. Such other manner as Council deems appropriate. b) Where Council chooses to proceed with a direct sale, the purchaser shall supply the requisite deposit, as outlined in the Township's Fees & Charges, upon Council's decision to declare the lands to be surplus to the needs of the municipality. i. Such deposit shall be drawn on to cover the Township's costs with respect to a survey, appraisal, advertising and legal costs associated with the sale of the subject land. ii. In the event that the costs are less than the requisite deposit, the benefitting landowner will be refunded any excess monies at the time of the transfer. iii. In the event that the costs exceed the requisite deposit, the benefitting landowner shall be charged the additional costs, and such costs shall be payable at the time of the transfer. iv. Where Council has chosen to proceed with a direct sale to an abutting landowner, the purchaser shall be required to merge title to the transferred lands with the purchaser's property within the meaning of The Planning Act, R.S.O. 1990, as amended, and that as a condition of such sale, the purchaser is required, at his /her own expense to register an Application under The Land Titles Act, R.S.O. 1990, as amended, to consolidate title to the lands acquired with his /her parcel as one Property Identifier Number. c) Where Council chooses to proceed with listing the land with a licensed real estate agent or brokerage firm: i. All offers shall be submitted to the Clerk on the standard Ontario Real Estate Offer to Purchase forms and shall provide for an irrevocable period of at least fourteen (14) days; ii. The Clerk shall be authorized to negotiate all offers within the parameters identified by Council; and iii. All final offers shall be submitted to Council for approval of the sale price and terms. Page 4 of 6 8. General Provisions a) The Clerk shall be authorized to carry out any actions and /or execute any required documents to give force and effect to Council's decision to utilize the chosen method of sale. b) Council shall have the absolute discretion to accept any proposal to purchase the land, to judge the acceptability of any terms or conditions placed therein and to judge the sufficiency or acceptability of any consideration proposed by any purchaser. c) Upon acceptance of any proposal, Council shall take such action as is required to finalize the sale, and the Clerk shall provide a Certificate of Compliance, in the form set out in Schedule "A" attached hereto and forming part of this By -law, to be included in the Transfer /Deed of Land verifying compliance with this By -law and which Certificate shall be deemed to be sufficient proof of such compliance. a) That By -law Nos. 2007 -083, 2007 -104 and 2009 -119 are hereby repealed in their entirety. 10. Enactment a) That this by -law shall come into force and take effect on the date of its final passing. BY-LAW READ A FIRST, SECOND AND THIRD TIME, AND PASSED THIS 6 TH DAY OF 0 Page 5 of 6 Schedule "A" to By -law No. 2012 -112 for The Corporation of the Township of Oro - Medonte --� CERTIFICATE OF COMPLIANCE THE CORPORATION OF THE TOWNSHIP OF ORO- MEDONTE BY -LAW NO. 2012 -112 Being a By -law to Establish a Policy with respect to the Sale and Other Disposition of Land I, J. DOUGLAS IRWIN, Clerk of the Corporation of the Township of Oro - Medonte, in the County of Simcoe, hereby certify that: 1. The requirements of Township of Oro - Medonte By -law No. 2012 -112 relating to the sale or other disposition of the following lands have been complied with: ( INSERT LEGAL DESCRIPTION HERE) J. Douglas Irwin, Clerk The Corporation of the Township of Oro - Medonte ( Date ) Page 6 of 6