1996-035 Establish a Procedure governing the sale of real property
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THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE
BY-LAW NO. 96-35
A By-Law of The corporation of the Township of Oro-Medonte t
establish a procedure qoverninq the sale of real property.
WHEREAS the Planning and Municipal statute Law Amendment Act, 1994,
requires that every Council with authority to sell or otherwis
dispose of real property shall by By-law establish procedure
governing the sale of real property, and
WHEREAS the Act sets out certain requirements that must be followe
prior to any such sale or disposal of real property taking place,
requires the passage of a Procedures By-law, and exempts certai
classes of land and certain classes of purchasers from the effect
of the Act and its regulations.
NOW THEREFORE the Council of the Township of Oro-Medonte enacts a
follows:
1. Schedule "A" attached hereto forms part of this By-law.
2. This By-law and Schedule "A" shall apply to all classes 0
land owned by the Township, save and except,
a) Classes of land described under section 210.1(2) of th
Municipal Act, R.S.O. 1990 c.M45.
3.
council may, at any time, by by-law or resolution, declare an
of its real property to be surplus to the needs of th
Township and may, by by-law, proceed to sell such real
property in accordance with the procedures set out in Schedul
"A" to this by-law.
Following completion of the steps taken in paragraphs 1 to ~
inclusive in Schedule "A", Council shall consider its inten
to sell the real property and if confirmed, shall determine
the most appropriate method, in the best interest of the
Township, to dispose of the real property. The disposal of
the real property shall then be carried out according to the
appropriate items as set out in Schedule "A".
4.
5.
At the completion of actions required under Schedule "A",
Council shall take such action as is required to finalize the
sale.
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Page 2 of 2
to By-Law No. 96-
6. 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 to another, 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 real property, 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. Notwithstanding the foregoing, with respect to the sale of
real property pursuant to the Municipal Tax Sales Act or real
property forming a highway or part of a highway closed under
the Municipal Act, the Registry Act or the Land Titles Act,
the notice and sale provisions set out in the said Acts shall
supersede the notice and sale provisions set out in this by-
law.
9. That this By-law shall come into force and take effect upon
the final passing thereof.
BY-LAW READ A FIRST AND SECOND TIME THIS 17th DAY OF APRIL
1996
,
BY-LAW READ A THIRD TIME AND FINALLY PASSED THIS 17th DAY OF
APRIL , 1996.
THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE
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l' e"/'"~,#~,,,,,""1\, "' /",,' , , "r
Mayor, Ian Beard
S('~.I!L.
Deputy Clerk, Lynda Aiken
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SCHEDULE "A"
to By-Law No. 96- 35
PROCEDURE - SALE OF REAL PROPERTY
1. The Clerk shall publish a notice of the intended sale of the
real property at least once in (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.
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.
2.1 be a registered member in good standing of the Appraisal
Institute of Canada.
2.2 not be directly connected with any real estate brokerage
firm i.e. a real estate agent.
4. Should Council propose to sell the real property by tender:
4.1 costs incurred or anticipated to dispose of the real
property such as legal fees, survey, appraisal,
encumbrances, advertising and improvements, shall be
established.
4.2 an estimated bid amount shall be established which shall
be not less than the appraised value plus the amounts of
the costs referred to in clause 4.1 above.
Notwithstanding the foregoing, Council may accept an
amount less than the estimated bid amount.
4.3 an advertisement shall be placed in at least (3) three
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, shall
specify the dates invol ved wi th the sale and shall
include a statement that "the highest or any offer may
not necessarily be accepted".
4.4 the tender documents shall be delivered in person to the
Clerk by the date specified therein.
5. Should Council decide to engage a real estate firm or broker
to sell the real property:
5.1 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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'Page 2 of 3
to SC1t,&'OUL'& "A"
to By-La'W NO. 96- 3S
estab1.iSbed ~bicb sha1.1. ~e not
a 1.iSting a",ount shan be 1.,.9 the a",ountS of tbe
1.eSs than tbe appr~ise~ va;u~ i abOve. Not~ithstanding
costS refe:=red to 1.~ lc aYus acc~pt an a",ount 1.esS than
tbe fo1Oego~ng, counc~ ",a
listing a1t\Ount.
1. ced in at 1.east (3) three
!\J\ adve1Otise"'e~t sba1.1. be P c~rcu1.ation in the , '
ne~spapers hav~ng genera1. ,- 10S to sUb",it a 1.~st~n<!
, 't'nM rea1. estate bro~e
~nv~ ~ ~ '1. for consideration.
agree1t\ent to counC1.
, ' ent inc1.Uding c01!l11\iSsion
~be accepted 1.~st~ng agre:~y r;'so1.ution of counci1. and
percentage, ",ust be ,,:pprt': authOrization for the 1o\ayor
tbe approva1. sha1.1. ~nc u e
and cler'K to S1.gn.
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, tted to tbe c~erl< on the
~he offers sh~1.1. be su\J1U: Offer to purcbase fO,,",s and
standard ontar~o Rea1. Es,ta e b1.e period of at 1.east
sba1.1. p100vide for an ~rrevoca
fourteen p.4) days.
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