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2007-083 To Establish a Policy/Procedure with respect to the Sale and Other Disposition of Land and to Repeal By-law Nos. 2003-125, 2004-078 and 2004-138THE CORPORATION OF THE TOWNSHIP OF ORO- MEDONTE 1 :YAJUPJr19 1 1 Being a By -law to Establish a Policy /Procedure with respect to the Sale and Other Disposition of Land and to Repeal By -law Nos. 2003 -125, 2004 -078 and 2004 -138 WHEREAS the Municipal Act, 2001, S.O. 2001, c.25, came into force and effect on January 1, 2003; AND WHEREAS Bill 130, Municipal Statute Law Amendment Act, 2006, received Royal Assent on December 20, 2006, which amended the Municipal Act, 2001, S.O. 2001, c.25 effective January 1, 2007; AND WHEREAS Section 113 of Bill 130 has been proclaimed to come into force and effect on January 1, 2008; AND WHEREAS Section 113 of Bill 130 repeals Sections 270 and 271 of the Municipal Act, 2001, S.O. 2001, c.25, and substitutes a revised Section 270; AND WHEREAS Section 270 of the Municipal Act, 2001, S.O. 2001, c. 25, as amended, that comes into force on January 1, 2008, provides that a municipality shall adopt and maintain policies with respect to its sale and other disposition of land; AND WHEREAS the Corporation of the Township of Oro - Medonte did, on the 26th day of November, 2003 enact By -law Number 2003 -125 to establish a procedure governing the sale of land and did, on the 14th day of July, 2004 enact By -law Number 2004 -078 to amend this procedure, and did on the 15th day of December 2004 enact By -law No. 2004 -138 to amend this procedure; AND WHEREAS, Council of The Corporation of the Township of Oro - Medonte deems it expedient to adopt a policy /procedure with respect to the sale and other disposition of land to comply with new legislative requirements; 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, c.25, as amended; b) "Appraisal' means a written opinion of the market value of the land prepared by a registered member of the Appraisal Institute of Canada; C) "Council' means the Council of The Corporation of the Township of Oro - Medonte; d) "Local Board" means a local board as defined in the Municipal Act, 2001, S.O. 2001, c.25, as amended; e) "Newspaper" means a printed publication in sheet form, intended for general circulation, published regularly at intervals of not longer than a week, consisting in great part of news of current events of general interest and sold to the public and to regular subscribers; f) "Published" 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; g) "Sale" means the sale of land; h) "Surplus Land" means any land of the Township of Oro - Medonte declared surplus under this by -law; and i) "Township" means The Corporation of the Township of Oro - Medonte. 2. That Schedule "A" attached hereto forms part of this by -law. 3. This By -law and Schedule "A" shall apply to all classes of land owned by the Township, save and except, a) Land sold under Section 110 of the Municipal Act, 2001, S.O. 2001, c. 25; b) Land to be used for the establishment and carrying on of industries and industrial operations and incidental uses; C) Land sold under Part XI of the Municipal Act, 2001, S.O. 2001, c. 25; and d) Easements over municipally owned lands, as approved by Council. 4. Notwithstanding Section 3 above, this By -law, with the exception of Schedule "A ", shall apply to the following classes of land owned by the Township; a) Sale of lands to public bodies: • A municipality; • A local board, including a school board and a conservation authority; • The Crown in right of Ontario or Canada and their agencies. b) Parcels of land being exchanged with a land owner as part of a procedure that requires the acquisition of that owner's lands for municipal purposes; 5. Council may, at any time, by by -law or resolution, declare any of its land to be surplus to the needs of the Township and may, by by -law, proceed to sell such land in accordance with the procedures set out in Schedule "A" to this by -law. 6. Following completion of the steps taken in paragraphs 1 to 3 inclusive in Schedule "A" to this By -law, Council shall consider its intent to sell the land and if confirmed, shall determine the most appropriate method, in the best interest of the Township, to dispose of the land. The disposal of land shall then be carried out according to the appropriate terms as set out in Schedule "A ". 7. At the completion of actions required under Schedule "A ", Council shall take such action as is required to finalize the sale. 8. Council shall have the absolute discretion to select the particular method of exposing property to the public for sale or to change the proposed method of sale, provided that this discretion is exercised in compliance with Schedule "A ". 9. 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. 10. That By -law Nos. 2003 -125, 2004 -078 and 2004 -138 be repealed in their entirety. 11. That this by -law shall come into force and take effect on the date of its final passing. Read a first and second time this 18th day of July, 2007. Read a third time and finally passed this 18th day of July, 2007. THE CORPORATION OF THE TOWNSHIP OF ORO- MEDONTE Schedule "A" to By -law No. 2007 -083 Procedure — Sale and Other Disposition of Land 1. Obtain a survey of the land proposed to be disposed of from a Registered Ontario Land Surveyor, if deemed necessary. 74• . Council shall have the absolute discretion to determine the sale price of the land. 2.1 Obtain an appraisal of the land proposed to be sold. An appraisal shall be a written opinion of the market value of the land and shall be prepared by a registered member of the Appraisal Institute of Canada in good standing and such appraiser shall not be a real estate agent nor be directly connected with any real estate brokerage firm. 2.2 Notwithstanding Section 2.1 above the Township shall not be required to obtain an appraisal, unless Council deems it desirable to obtain an appraisal, for any class of land as follows: 2.2.1 Land 0.3 metres or less in width acquired in connection with an approval or decision under the Planning Act; 2.2.2 Closed highways if sold to an owner of land abutting the closed highways; 2.2.3 Land formerly used for railway lines if sold to an owner of land abutting the former railway land; 2.2.4 Land that does not have direct access to a highway if sold to the owner of land abutting the land; 2.2.5 Land repurchased by an owner in accordance with section 42 of the Expropriations Act; 2.2.6 Land sold under Sections 107 and 108 of the Municipal Act, 2001, S.O. 2001, c.25, as amended. 3. Notice 3.1 The Clerk shall publish a notice of the intended sale of the land at least once in one (1) newspaper having local circulation in the Township. 3.2 The notice shall specify that anyone wishing to comment on the proposed sale may do so by delivering such comment in writing to the Clerk at the Township offices. 3.3 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. 4. Council shall determine in its sole discretion, by resolution, to dispose of the surplus land by either of the three (3) following methods; sale by public tender, sale by real estate firm of broker, or direct sale to a landowner. Sale by Public Tender 4.1 Should Council determine to sell the land by tender, the following apply: (a) Costs incurred or anticipated to dispose of the land such as legal fees, survey, appraisal, encumbrances, advertising and improvements, shall be established. (b) An estimated bid amount shall be established which shall not be less than the appraised value plus the additional costs referred to in Clause 4.1(a) above. Notwithstanding the foregoing, Council may accept an amount less than the estimated bid amount. (c) An advertisement shall be placed in at least three (3) newspapers having general circulation in the Township and which in combination are intended to provide coverage throughout the entire geographic area of the Township. The advertisement shall include a brief description of the property, including a small location sketch and shall specify the final date that offers will be accepted and shall include the following statement "the highest or any offer may not necessarily be accepted." (d) The tender documents shall be delivered in person to the Clerk by the date specified therein. Sale by Heal Estate Firm or Broker 4.2 Should Council determine to engage a real estate firm or broker to sell the land, the following applies: (a) Costs incurred or anticipated to dispose of the land such as legal fees, survey fees, appraisal fees, encumbrances, advertising and improvements shall be established; (b) A listing amount shall be established which shall not be less than the appraised value plus the additional costs referred to in Clause 4.2(a) above. (c) The Chief Administrative Officer, or designate, shall be authorized to sign the listing agreement; (d) The offers shall be submitted to the Chief Administrative Officer, or designate, on the standard Ontario Heal Estate Offer to Purchase forms and shall provide for an irrevocable period of at least fourteen (14) days; (e) All final offers shall be submitted to Council for approval of the sale price. Direct Sale to a Landowner 4.3 Should Council determine to sell the land directly to a landowner(s), the landowner to whom the land is to be conveyed must be a landowner (other than a mortgagee or chargee) who abuts the land or an owner of other land in the Township (other than a mortgagee or chargee) who claims legal interest in the property such as, but not limited to: an easement, a right -of -way, possesory title or a restrictive covenant. The following shall apply: (a) Costs incurred or anticipated to dispose of the land such as legal fees, survey, appraisal, encumbrances, advertising and improvements, shall be established. (b) An estimated purchase amount shall be established which shall not be less than the appraised value plus the additional costs referred to in Clause 4.3(a) above. Notwithstanding the foregoing, Council may accept an amount less than the estimated purchase amount.