2021-031Page 1 of 5
THE CORPORATION OF THE TOWN OF TILLSONBURG
BY-LAW 2021-031
BEING A BY-LAW to adopt policies with respect to the sale and other disposition
of land and to repeal By-Law 3549.
WHEREAS Section 270 of the Municipal Act, 2001, as amended requires every Council
to adopt and maintain policies governing the sale or other disposition of its land,
determine the appropriate manner of giving notice, and determine appropriate
measures to establish accountability and transparency to members of the public.
BE IT THEREFORE ENACTED by the Council of the Corporation of the Town of
Tillsonburg as follows:
1. TITLE AND DEFINITIONS
In this By-law, unless the context otherwise requires:
(a) “Clerk” means the Clerk of the Town of Tillsonburg;
(b) “Council” means the Council of the Town of Tillsonburg;
(c) “Land” includes buildings;
(d) “Local Board” means a municipal service board, planning board, or
any other board, commission, committee, body or local authority
established or exercising any power under any Act with respect to
the affairs or purposes of one or more municipalities, excluding a
school board and a conservation authority;
(e) “Meeting” means any regular, special Committee or other Meeting
of Council or one of the Committees of Council;
(f) “Sale” includes a lease of 21 years or longer and a transfer for nil or
nominal consideration and “Sell”, “Selling”, and “Sold” shall have a
similar meaning;
(g) “Town” means The Corporation of the Town of Tillsonburg.
2. SALE OF LAND
STANDARD REQUIREMENTS
(1) Before selling any land or entering into a binding agreement to sell any
land, Council shall:
(a) by by-law or resolution passed at a meeting open to the public,
declare the land to be surplus, prior to Council determining to
dispose the of land;
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(b) obtain at least one appraisal of the fair market value of the land or
an opinion of value may be considered for smaller parcels of
property at the discretion of the Clerk; and
(c) give notice to the public in accordance with Subsection 2 (5) below,
of the proposed Sale.
EXEMPTIONS FROM APPRAISALS
(2) The appraisal required by Subsection 1 (b) above shall not be required for
the following classes of land:
(a) land 0.3 metres or less in width acquired in connection with an
approval or decision under the Planning Act;
(b) closed highways if sold to an owner of land abutting the closed
highways;
(c) land formerly used for railway lines if Sold to an owner of land
abutting the former railway land;
(d) land that does not have direct access to a highway if Sold to the
owner of land abutting that land;
(e) land repurchased by an owner in accordance with s.42 of the
Expropriations Act;
(f) land Sold under ss. 107 (Power to Make Grants) and 108 (Small
Business Programs) of the Municipal Act, 2001;
(g) easements granted to public utilities or to telephone companies.
EXEMPTIONS FROM APPRAISALS, CONTINUED
(3) The appraisal required by Subsection 1 (b) above shall not be required for
a Sale to:
(a) any municipality;
(b) a “Local Board” including a school board and a conservation
authority;
(c) the Crown in right of Ontario or of Canada and their agencies.
EXEMPTIONS FROM STANDARD REQUIREMENTS
(4) Subsection (1) above does not apply to the following:
(a) Land sold under s. 110 (Municipal Capital Facilities) of the
Municipal Act, 2001; and
(b) Land to be used for the establishment and carrying on of industries
and industrial operations and incidental uses.
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NOTICE REQUIREMENTS
(5) Before selling any land, the Clerk shall give notice to public of the
proposed sale, two weeks prior to any consideration by Council, in the
following manner:
(a) by a single publication in a newspaper that is, in the Clerk’s opinion,
of sufficiently general circulation in the area of the land to give the
public reasonable notice of Council’s intention;
(b) by placing a notice on the property; and
(c) by placing notice on the Town’s website.
In addition to the foregoing, the Clerk may post the property for sale on the Town’s
social media accounts. Council may direct that additional Notice may be given in any
other manner than that described above.
In the event that the land is not to be sold to a specific purchaser determined by Council
to be in the interests of the municipality, the Clerk shall cause a “for sale” sign of
reasonable size to be placed on the land on or before the publication of the said notice
to the public.
Before selling any surplus lands, the Town may circulate documentation identifying the
real property to other levels of government or agencies that may be required by law or
regulation.
CLOSED SESSION
(6) Notwithstanding anything in this by-law to the contrary, all tenders,
requests for proposals or offers may be presented to Council in Closed
Session for deliberation, in accordance with the Municipal Act, unless
Council direction has been given to staff to negotiate the sale within
certain terms or an alternate method of sale is approved by Council,
including the creation and evaluation of criteria to be considered in any
disposition.
EXEMPT PROPERTY
(7) The following circumstances are exempt from the Notice provisions of this
bylaw process.
(a) The Sale of Lands for Tax Arrears which are subject to the
procedures set out in Part XI (Sale of Land for Tax Arrears) of the
Municipal Act, 2001.
(b) The sale of lands under the Expropriation Act; and
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(c) Sales of municipally- owned Industrial land as defined by the
Zoning By-Law.
ALTERNATIVE PROCESSES FOR SALE
(8)
(a) Unsolicited offers to purchase the property may be processed on a
first come first serve basis after the real property is declared
surplus.
(b) Council may by resolution direct that real property be sold by
tender, request for proposal or direct sale via methods such as with
a registered real estate agent or brokerage.
(c) When a property is to be sold by tender, expression of interest or
request for proposal, the procedures existing at the Town shall be
in effect that govern advertising and submission requirements.
DISPOSAL OF REAL PROPERTY
(9) That disposal of the real property shall be effected by a resolution passed
at a regular meeting of Council open to the public after the requirements
for public notice have been satisfied.
Upon acceptance of offers either through open or closed market, tender or
request for proposal, a deposit shall be presented:
(a) Shall be accompanied by a deposit in cash or cheque in an amount
of 10% of the offered amount or $5,000.00, whichever is greater,
payable to the Town of Tillsonburg.
(b) Where the offer or tender to purchase is less than $5,000.00 the
deposit shall be 50% of the full amount of the offer to purchase.
3. OTHER MATTERS
(1) Unless stipulated otherwise, all lands sold by the Town are sold on an “as
is” basis.
(2) Lands cannot be sold on the promise, either written or oral, by the Town
or its officials, of certain zoning or other planning approvals.
(3) All external costs associated with the closing of the sale of land, including
legal, survey and appraisal costs, will be paid for by the Purchaser,
subject to Council’s direction.
(4) The Clerk shall establish and maintain, on a regular basis, a public
register listing and describing the land owned or leased by the Town,
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except for the following classes of land:
(a) land 0 .3 metres or less in width acquired in connection with an
approva l or decision under the Planning Act;
(b) all highways , roads and road allowances, whether or not opened ,
unopened , closed or stopped up ; and
(c) land formerly used for railway lines.
(5) If any agreement was entered into for the Sale or other disposition of land
by the Town prior to December 15, 2020 , and not closed or completed , the
Sale or other disposition may be continued and dealt with in the same
manner as would have occurred had it been closed or completed prior to
that date .
4. THAT By-Law 3549 is hereby repealed in its entirety.
T AND SECOND TIME THIS 8th day of MARCH, 2021.
HIRD AND FINAL TIME AND PASSED THIS 8th day of MARCH, 2021.
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