2002-021 To Amend Schedule "A" of By-law No. 96-35, to establish a procedure governing the sale of real property
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THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE
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BY-lAW NO. 2002-021
Being a By-law to Amend Schedule 'A' of By-law No. 96-35, to establish a
procedure governing the sale of real property.
WHEREAS the Municipal Act, the Municipal Act, R.S.O. 1990, c.M.45, Section
193(2) authorizes the Council of a municipality to establish procedures governing
the sale of real property;
AND WHEREAS the Corporation of the Township of Oro-Medonte did, on the 17th
day of April, 1996 enact By-law Number 96-35 to establish a procedure governing
the sale of real property;
AND WHEREAS, Schedule 'A', Procedure - Sale of Real Property, attached thereto
forms part of By-law No. 96-35;
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AND WHEREAS, Council of The Corporation of the Township of Oro-Medonte
deems it necessary to amend Schedule' A' to By-law No. 96-35;
NOW THEREFORE the Council of The Corporation of the Township of Oro-Medonte
hereby enacts as follows:
1. That Schedule 'A' to By--Iaw Number 96-35 be deleted and replaced with
Schedule' A' attached hereto and forming part of this By.law.
2. 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 20th day of February, 2002.
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Read a third time and finally passed this 20th day of March
, 2002.
THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE
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Actin.2avor. J. Neil~
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Schedule II A"
to By-law No. 2002-21
Procedure - Sale of Real Property
1. The Clerk shall publish a notice of the intended sale of the real property 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 real property proposed to be disposed of from a
Registered Ontario Land Surveyor, if deemed necessary.
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3. Obtain an appraisal of the real property proposed to be disposed. For those
properties specifically exempted by Regulation from the appraisal requirement,
Council may, in its discretion, obtain an appraisal. An appraisal shall be a
written opinion of the market value of the real property 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.
4.1 Council shall determine in its sole discretion, by resolution, to dispose of the
surplus real property 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.
4.2 Should Council detennine to sell the real property by tender, the following apply:
(a) Costs incurred or anticipated to dispose of the real property such as legal
fees, survey, appraisal, encumbrances, advertising and improvements, shall
be established.
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(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 lithe 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.
4.3 Should Council detennine to engage a real estate finn or broker to sell the real property, the
following applies:
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(a) Costs incurred or anticipated to dispose of the real property such as legal
fees, survey, appraisal, encumbrances, advertising and improvements shall
be established.
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(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.
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4.4 Should Council determine to sell the real property directly to a landowner(s),
the landowner to whom the real property is to be conveyed must be a
landowner (other than a mortgagee or chargee) who abuts the real property
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 real property 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 4.4(a)
above. Notwithstanding the foregoing, Council may accept an amount less
than the estimated purchase amount.
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