HomeMy WebLinkAboutBy-law 5627/00THE CORPORATION OF THE CITY OF PICKERING
BY-LAW NO. 5627/00
Being a by-law to establish procedures to regulate
the sale of municipal real property.
WHEREAS pursuant to Section 193(2) of the Municipal Act, R.S.O. 1990, c. M.45, as amended,
every council and local board with authority to sell or otherwise dispose of real property shall by
by-law establish procedures, including the giving of notice to the public, governing the sale of
the real property;
NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE CITY OF
PICKERING HEREBY ENACTS AS FOLLOWS:
Schedule "A" attached to this By-law shall be deemed to be the procedures governing the
sale of real property by The Corporation of the City of Picketing.
By-law 4592/95 is hereby repealed.
BY-LAW read a first, second and third time and finally passed this 6th day of March, 2000.
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SCHEDULE 'A' TO BY-LAW NUMBER 5627 /2000
POLICY RESPECTING THE DISPOSAL OF LAND
Part A Definitions:
"Appraisal" means an evaluation of land, presented in writing by an accredited appraiser.
"CAO" means the Chief Administrative Officer.
"Corporation" means The Corporation of the City of Picketing.
"Council" means the Council of the Corporation.
"Designated Director" means the head of a department of the Corporation to whom the Chief
Administrative Officer may from time to time delegate the responsibility for the coordination of
the disposal of land.
"Land" means real property consisting of land or buildings or both land and buildings which may
no longer be required by the Corporation.
Part B Responsibilities:
The CAO may from time to time delegate the responsibility for the coordination of the
disposal of land to a department of the Corporation.
The CAO or Designated Director shall recommend to Council the land that is considered
surplus to the needs of the Corporation.
3. Council shall declare by By-law or Resolution,
(i) if any land is surplus; and
(ii) if so, upon what terms and conditions the disposal of land will occur.
The CAO or Designated Director shall recommend to Council by which method the
disposal of the surplus land should occur.
Part C Procedures:
Land that may potentially be deemed surplus to the needs of the Corporation will be
identified by the CAO or Designated Director.
The CAO or Designated Director shall recommend in a Report to Council that certain
lands be deemed surplus to the needs of the Corporation and the method by which the
disposal should occur. Council shall determine whether or not to pursue the
recommendation for the disposal of the land.
3. The Report to Council shall contain the following:
(a) a recommendation;
(b) the legal description and municipal address (where available) of the land;
(c) size and characteristics of the land;
(d) existing official plan designation, zoning and use of the land;
(e) site sketch and location map;
(f) senior management comments;
(g) method of disposal;
(h) primary suggested terms and conditions of the disposal, including an estimate of
the value of land.
The CAO or Designated Director shall cause a Notice to be published at least once in an
appropriate newspaper which shall contain the following information:
(a)
(b)
(c)
(d)
(e)
a statement that Council will consider a by-law to declare lands surplus for the
purposes of sale;
the dates of the meetings where Council will be considering the by-law to declare
the land surplus;
the legal description and municipal address (where available) of the land;
size and characteristics of the land; and
site sketch and location map.
If Council enacts a By-law or Resolution for the disposal of the land, the CAO or
Designated Director shall obtain at least one appraisal of the fair market value of the land.
The CAO or Designated Director shall report to Council on the particulars relating to the
disposal of land. The Report to Council shall include a by-law authorizing the
disposition of the land.
Part D Exceptions:
1. This policy shall not apply to the disposal of the following classes of land:
(a)
(b)
(c)
(d)
(e)
(0
(g)
(h)
(i)
Land 0.3 metres or less in width acquired in connection with an approval or
decision under the Planning Act;
Highways, roads and road allowances;
Land formerly used for railway branch lines if sold to an owner of land abutting
the former railway land;
Land that does not have direct access to a highway if sold to the owner of land
abutting that land;
Land repurchased by an owner in accordance with section 42 of the
Expropriations Act;
Land to be used for sites for the establishment and carrying on of industries and of
industrial operations and incidental uses;
Land sold under section ll2, ll2.1, 112.2 and 113 of the Municipal Act
respecting the selling or leasing of land for economic development;
Easements granted to public utilities or to telephone companies; and
Land sold under the Municipal Tax Sales Act.
This policy shall not apply when land is being sold to the following classes of public
bodies:
(a)
(b)
(c)
(d)
A municipality, including a metropolitan or regional municipality;
A local board as defined in the Municipal Affairs Act;
An authority under the Conservation Authorities Act; and
The Crown in Right of Ontario or of Canada and their agencies.
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