Loading...
By-law No. 2015-021 BY-LAW NUMBER 2015-021 OF THE CORPORATION OF THE MUNICIPALITY OF BAYHAM BEING A BY-LAW TO ESTABLISH A POLICY WITH RESPECT TO THE SALE AND OTHER DISPOSITION OF LAND WHEREAS Bill 130, Municipal Statute Law Amendment Act, 2006, received Royal Assent on December 20, 2006, which amended the Municipal Act, 2001, S.0.2001, c.25, effective January 1,2007; AND WHEREAS Council of The Corporation of the Municipality of Bayham deems it expedient to adopt a policy, pursuant to Section 270 (1)of the Municipal Act, 2001 S.O. 2001, c.25, with respect to the sale and other disposition of land to comply with the new legislative requirements; NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE MUNICIPALITY OF BAYHAM HEREBY ENACTS A BY-LAW AS FOLLOWS: Short Title This By-law may be referred to as the Sale and Disposition of Land By-law Section 1 - Definitions 1.1 In this by-law: a. "Act" shall mean the Municipal Act, 2001, S.O. 2001, c.25, as amended; b. "Appraisal" shall mean a written opinion of the market value of the land prepared by a registered member of the Appraisal Institute of Canada; c. "CAO" shall mean the CAO of the Municipality of Bayham; d. "Council" shall mean the Council of the Corporation of the Municipality of Bayham; e. "Municipality" shall mean The Corporation of the Municipality of Bayham; f. "Public Utility" shall mean a public utility as that term is defined in the Act; g. "Sale" shall mean the sale of land; h. "Surplus Land" shall mean any land of the Municipality of Bayham declared surplus to the needs of the Municipality under this by-law; I. "Website" shall mean the website of the Corporation of the Municipality of Bayham www.bavham.on.ca; Section 2—General Provisions 2.1 Schedule 'A' shall form part of this By-law. 2.2 This By-law shall apply to all classes of land owned by the Municipality of Bayham save and except: a. An interest in Land sold pursuant to Section 110 of the Act. re municipal capital facilities; b. Land sold under Part Xi of the Act re sale of land under Tax arrears; and c. Easements over Municipally owned lands, as approved by Council. 2.3 Notwithstanding Section 2.2 and Schedule 'A' of this By-law, this By-law shall not apply to the following classes of land owned by the Municipality: a. Sale of Lands to public bodies: I. A municipality ii. A Local Board, including a school board and a conservation authority; iii. 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 land for municipal purposes. 2.4 Council may, at any time, by resolution, declare any of the Municipality's land to be surplus to the needs of the Municipality and may, by by-law, authorize the sale of such land in accordance with the procedures set out in Schedule 'A'. 2.5 Council shall authorize such actions as are required to finalize the sale and the CAO shall ensure the completion of the required documentation and subsequent registration, thereof. 2.6 Notwithstanding any other provision of this By-law, inclusive of Schedule 'A', Council shall have the absolute discretion to select a particular method of exposing property to the public for sale, if at all, and/or to select any method of sale as, in the opinion of Council, the circumstance require. 2.7 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. 2.8 That this By-law shall come into full force and take effect on the date of passing. READ a FIRST, SECOND and THIRD TIME and finally passed this 19th day of February, 2015. +611 MA R CLERK SCHEDULE 'A' 4-0 73/L a b r 6 o a l VPXY1144-4 11A„iiiiVi "---„frirr ' - IP A4r'Qrtunity 19.16 6. Corporation of the Municipality of Bayham Policy Name: Sale of Surplus Municipal Land Policy Section 1 - Application 1.1 This Policy applies to the sale or other disposal of land by the Corporation of the Municipality of Bayham. Section 2— Policy Statement 2.1 The Municipality will dispose of surplus land in an open and transparent process to ensure that the consideration for such disposal is fair, reasonable and in the best interest of the Municipality. Section 3- Procedures 3.1 The Municipality shall obtain a survey of the land proposed to be disposed of from a Registered Ontario Land Surveyor, if deemed necessary. 3.2 Council shall have the absolute discretion to determine the sale price of the land. 3.3 The Municipality shall obtain an appraisal of the land to be sold. An appraisal shall be a written opinion of the market value of the land prepared by a registered member in good standing of the Appraisal Institute of Canada and such appraiser shall not be a real estate agent nor be directly connected with any real estate brokerage firm. 3.4 Any appraisals obtained shall be used solely as a guide and shall not be determinative of the terms of price upon which Council may sell any particular piece of real estate. Without limiting the generality of the foregoing, other factors including the history of the real estate or related properties may be determinative. 3.5 Notwithstanding Section 3.3 of this policy, the Municipality shall not be required to obtain an appraisal, unless Council deems it desirable to obtain an appraisal, for any class of land as follows: 3.5.1 Land 0.3 metres or less in width acquired in connection with an approval or decision under the Planning Act; 3.5.2 Closed highways, roads and road allowances; 3.5.3 Land formerly used for railway lines if sold to an owner of land abutting the former railway land; 3.5.4 Land that does not have direct access to a highway if sold to the owner of the land abutting that land; 3.5.5 Land repurchased by an owner in accordance with Section 42 of the Expropriations Act; 3.5.6 Land sold under Sections 107 and 108 of the Municipal Act, 2001, S.0.2001, c.25, as amended; 3.5.7 Easements granted to Public Utilities or to telephone companies. Section 4- Notice 4.1 The CAO shall publish a notice of the intended sale of the land on the Municipal Website at least 14 days before consideration of the same. 4.2 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 Municipal office. 4.3 The final date for submitting 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. Section 5— Disposition of Land 5.1 Council shall determine in its sole discretion, by resolution, to dispose 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. Sale by Public Tender 5.2 Should Council determine to sell the land by public tender, the following apply: 5.2.1 Costs incurred or anticipated to dispose of the land such as legal fees, survey, appraisal, encumbrances, advertising and improvements shall be established. 5.2.2 An estimated bid amount shall be established which shall not be less than the appraised value plus the additional costs referred to in Section 5.2.1 of this Policy. Notwithstanding the foregoing, Council may accept an amount less than the estimated bid amount. 5.2.3 A Notice shall be placed on the Municipal Website and 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". 5.2.4 The tender documents shall be delivered in person to the CAO by the date specified therein. Sale by Real Estate Firm or Broker 5.3 Should Council determine to engage a real estate firm or broker to sell the land, the following applies: 5.3.1 Costs incurred or anticipated to dispose of the land such as legal fees, survey, appraisal, encumbrances, advertising and improvements shall be established. 5.3.2 A listing amount shall be established which shall not be less than the appraised value plus the additional costs referred to in Section 5.3.1 of this Policy. 5.3.3 The CAO, or designate, shall be authorized to sign the listing agreement. 5.3.4 The offers shall be submitted to the CAO, or designate, on the Ontario Real Estate Offer to Purchase Forms and shall provide for an irrevocable period of at least fourteen (14)days. 5.3.5 All final offers shall be submitted to Council for approval of the sale price. Direct Sale to a Landowner 5.4 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 Municipality(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, possessory title or a restrictive covenant. The following shall apply: 5.4.1 Costs incurred or anticipated to dispose of the land such as legal fees, survey, appraisal, encumbrances, advertising and improvements shall be established. 5.4.2 An estimated purchase amount shall be established which shall not be less than the appraised value plus the additional costs referred to in Section 5.4.1 of this Policy. Notwithstanding the foregoing, Council may accept an amount less than the estimated purchase amount.