2007-28 By-law to regulate the sale of property

THE CORPORATION OF THE TOWNSHIP OF GORDON

BY-LAW NO. 2007-28

A by-law to regulate the sale of municipally owned real property.

WHEREAS pursuant to Section 268 of the Municipal Act,c.25,S.O.2001, every Council shall by by-law establish procedures, including giving of notice to the public, governing the sale of real property;

NOW THEREFORE, the Council of the Corporation of the Township of Gordon enacts as follows:
1. In this by-law,
“appraisal” shall mean a written estimate of fair market value obtained from a licensed appraiser or real estate broker. The sufficiency of the appraisal shall be determined by Committee of the Whole.

“sale” shall include a lease of twenty one years or longer.

“zone” shall mean as designated in accordance with the current Zoning by-law of the Township of Gordon.

2. Before selling any real property, Council shall:
i) by by-law or resolution declare the real property to be surplus to the Municipality’s needs.

ii) obtain at least one appraisal of the fair mark value of the real property; a) an appraisal obtained on a group of properties or on an individual property within the same zone and lying within 120 meters of the subject site, may be used as the basis of calculating the fair market value of the subject site provided that 1) such original appraisal has been obtained not more than three (3) years prior to the acceptance of an offer to purchase; and 2) the Committee of the Whole is satisfied the original appraisal is an appropriate base for such calculation.

iii) give a minimum of ten (10) days notice to the public of the proposed sale. Such notice may, as deemed appropriate by the Committee of the Whole, be met by:
a) the erection of a sign on the subject site. Such sign shall be clearly visible from the nearest road; or
b) the publication of such notice in a newspaper or flyer having general circulation in the Township of Gordon & Allan West.

Regardless of the method of notice chosen, such notice shall contain as a minimum a general description and size of the property, frontage on a named street and a person to contact for additional information.

3. The provision of this by-law shall not apply to a sale or other disposition of land pursuant to subsection 210.1(2) regarding agreements for municipal capital facilities.
The provisions of this by-law shall not apply to disposition of land pursuant to a development agreement where the land is being returned to the developer as a return of security or in exchange for receipt of other lots in the development for the purpose of security, provided said other lots are first transferred to the Township.

4. Section 2(ii) respecting the obtaining of an appraisal shall not apply to:
i) land .3 metres or less in width acquired in connection with an approval or decision under the Planning act.
ii) Highways, road and road allowances.
iii) Land formerly used for railway branch lines if sold to an owner of land abutting the former railway land.
iv) Land that does not have direct access to a highway if sold to the owner of land abutting that land.

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v) Land repurchased by an owner in accordance with section 42 of the Expropriations Act.
vi) Land to be used for sites for the establishment and carrying on of industries and of industrial operation and incidental uses.
vii) Land sold under section 112, 112.1, 112.2, and 113 of the Municipal Act respecting Community Economic Development or Community Development Corporations.
viii) Easements granted to public utilities or to telephone companies.
ix) Land sold under the Municipal Tax Sales Act.

5. Section 2(ii), respecting the obtaining of an appraisal, shall not apply to the sale of real property to the following agencies:
i) Any municipality, regional or district
ii) A local board as defined in the Municipal Act
iii) An authority under the Conservation Authorities Act
iv) The Crown in right of Ontario or of Canada and their agencies.

6. Municipal services and road costs will be paid by the purchaser.

7. If the sale of the real property is initiated by an application or request from an individual or agency, such individual or agency shall bear the administrative costs associated with such sale including but not limited to the appraisal, notice and legal costs unless such requirement is waived in writing within the provisions of an offer to purchase.

8. The manner in which the Council carries out the sale of the property, if consistent with the procedures by-law and Section 193 of the Municipal Act is not open to question or review by any court if the council may lawfully sell the property, the purchaser may lawfully buy it and the council acted in good faith.

9. The Clerk shall issue and cause to be included in a deed or transfer of land, a certificate with respect to a sale of real property verifying that;
i) a procedural by-law was in force at the time of the resolution or by-law declaring the real property surplus was passed;
ii) the requirement respecting notice of the sale to the public has been published; and
iii) the required appraisal was obtained or that such appraisal was not required by virtue of an exemption provided herein.

10. The Clerk shall maintain a public register listing and describing the real property owned or leased by the municipality.

11. Section 10, respecting the establishment and maintenance of a land registry shall not apply to:
i) Land .3 metres or less in width acquired in connection with an approval of decision under the Planning Act.
ii) All highways, roads and road allowances, whether or not opened, unopened, closed or stopped up.

12. Nothing in this by-law shall absolve Council’s right and obligations with respect to the requirements under the Act.

13. The provisions of this by-law shall come into force and take effect upon the passing thereof.

READ A FIRST, SECOND, AND THIRD TIME PASSED ON THE 4TH DAY OF DECEMBER, 2007.

_____________________________ ___________________________
Reeve Clerk

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