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2003-125 "". -ill THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE BY-LAW NO. 2003-125 Being a By-law to Establish a Procedure governing the Sale of Land and to Repeal By-law No. 96-35, A By-law to Establish a Procedure Governing the Sale of Real Property and By-law No. 2002-021, A By-law to Amend Schedule 'A" to By-law No. 96-35 WHEREAS the Municipal Act, 5.0. 2001, c.25, as amended, Section 268, requires that the Council of a municipality shall establish procedures, including the giving of notice to the public, governing the sale of land; AND WHEREAS the Corporation of the Township of Oro-Medonte did, on the 1ih day of April, 1996 enact By-law Number 96-35 to establish a procedure governing the sale of land and did, on the 20th day of February, 2002 enact By-law Number 2002-021 to amend this procedure; AND WHEREAS, Council of The Corporation of the Township of Oro-Medonte deems it necessary to amend the procedure governing the sale 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. That Schedule 'A' attached hereto forms part of this by-law. 2. This By-law and Schedule 'A' shall apply to all classes of land owned by the Township, save and except, a) b) Land sold under Section 110 of the Municipal Act, 5.0. 2001, c. 25; Land to be used for the establishment and carrying on of industries and operations and incidental uses; Land sold under Part XI of the Municipal Act, 5.0. 2001, c. 25. industrial c) 3. 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. 4. 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'. 5. At the completion of actions required under Schedule 'A', Council shall take such action as is required to finalize the sale. 6. Council shall have the absolute discretion to select the particular method of exposing property to the public for sale or the change the proposed method of sale, provided that this discretion is exercised in compliance with Schedule 'A'. 7. 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. 8. That By-law No. 96-35 and By-law No. 2002-21 be repealed in their entirety. 9. 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 26th day of November, 2003. Read a third time and finally passed this 26th day of November, 2003. THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE Schedule "A" to By-law No. 2003-125 Procedure - Sale of Land 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. 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. The final date for submitting such comments will 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. 2. Obtain a survey of the land proposed to be disposed of from a Registered Ontario Land Surveyor, if deemed necessary. 3. Obtain an appraisal of the land proposed to be sold. For those properties specifically excluded from appraisal by The Municipal Act, S.O. 2001, c. 25, as amended, Section 268(8), Council shall have the absolute discretion to determine the sale price of the land. Council may, in its discretion, obtain an appraisal. 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. 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 or broker, or direct sale to a landowner. 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 4.2(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. 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, appraisal, 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 4.3(a) above. Notwithstanding the foregoing, Council may accept an amount less than the listing amount. (c) An advertisement shall be placed in at least three (3) newspapers having general circulation in the Township inviting real estate brokers to submit a listing agreement to Council for consideration. (d) The accepted listing agreement, including commission percentage, must be approved by resolution of Council and the approval shall include authorization for the Mayor and Clerk to sign. (e) The 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. 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. (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.