HomeMy WebLinkAboutBy-law 7391/14 The Corporation of the City of Pickering
By-law No. 7391/14
Being a by-law to designate certain lands as
a municipal capital facility. -
Whereas Section 110 of the Municipal Act, 2001, S.O.2001, S.O., c.25, as amended,
permits a municipality to enter into Agreements for the provision of municipal capital
facilities;
Whereas, Section 110 of the Municipal Act, 2001 permits a Council of a municipality to
designate lands within the classes of lands described in Ontario Regulation 603/06 as
• municipal capital facilities and may exempt such facilities from taxation for municipal and
school board purposes;
Whereas 1975 Clements Road, Pickering is the address of municipal capital facilities
located on real property owned by the City, which facilities are used for public
recreational purposes;
Whereas, the City and Pickering Soccer Club Inc. have entered into a Municipal Capital
Facilities Agreement dated as of November 7, 2014 substantially in the form attached as
Schedule "A" describing the use of lands at 1975 Clements Road for recreational
purposes, and the exemption thereof from taxes for municipal and school purposes;
Now therefore, the Council of The Corporation of the City of Pickering hereby enacts as
follows:
1. The Council hereby designates the facilities at 1975 Clements Road, in the City of
Pickering and all improvements thereto and all works, equipment, machinery and
related systems and infrastructure as municipal capital facilities for recreational
purposes and confirms the Agreement between the City and Pickering Soccer Club
Inc., by which such designation is implemented, and which Agreement is attached as
Schedule "A"to this by-law.
2. The said municipal capital facilities, located on lands owned by the City, are used for
recreational purposes and are hereby exempted from taxation for municipal and
school purposes for the period November 1, 2014 to November 14, 2029 or until such
time as the City ceases to use the lands as a municipal capital facility as that term is
definite in Ontario Regulation 603/06, whichever occurs first.
3. That this By-law is to come into effect on the 15th day of December, 2014.
By-law passed this 15th day of December, 2014. liPI
David ' -n, ayor
Debbie Shields, Clerk
Schedule "A"
Municipal Capital Facility Agreement
This Agreement dated as of the day of , 2014
Between:
City of Pickering
(hereinafter referred to as the "City")
and
Pickering Soccer Club Inc.
(hereinafter referred to as "PSC")
Whereas:
1. The City owns the lands known municipally as 1975 Clements Road in the City of
Pickering;
2. The City has entered into an Agreement with PSC to provide for the use of the lands
for recreational purposes; •
3. The PSC wishes, pursuant to Section 110 of the Municipal Act, 2001, to exempt the
lands from taxation for municipal and school purposes;
4. The City wishes, pursuant to Section 110 of the Municipal Act, 2001, to exempt the
lands from taxation for municipal and school purposes;
5. The lands will be used for municipal recreational purposes, thus qualifying for
exemption as a municipal capital facility used for recreational purposes as described
in Ontario Regulation 603/06;
Therefore, in consideration of the making of this Agreement and the mutual covenants
contained herein, the parties undertake, covenant and agree as follows:
Designation
1. The City will by by-law designate the lands (1975 Clements Road) as municipal
capital facilities.
Property Tax Exemption
2. The City shall, pursuant to subsection 110(6) of the Municipal Act, 2001, exempt the
lands from property taxation and school purposes.
Term
3. The term of this Agreement and the designation of the lands as municipal capital
facilities shall be from November 1, 2014 to the earliest of:
a) November 14, 2029
b) The day PSC ceases to use the lands;
Entire Agreement
4. This Agreement contains all the covenants, Agreement and understandings between
the parties concerning its subject matter. The recitals at the head of this Agreement
are true and accurate and form a part hereof.
Executed by'the parties as at the date first written above.
The Corporation of the
City of Pickering
Per:
Name:
Title: •
Pickering Soccer Club Inc.
Per:
Name:
Title:
•