HomeMy WebLinkAboutBy-law 4592/95 THE CORPORATION OF T~E TOWN OF PICKERING
BY-LAW NUMBER 4592/95
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, KS.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 real property;
NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE TOWN OF
PICKEKING HEREBY ENACTS AS FOLLOWS:
1. 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 Town of Pickerlng.
By-law read a first, second and third time and finally passed this 3rd day of April 1995.
Clerk
'[OWN OF
PICKERING
ApPP, OVED
AS TO ~ORM
SCHEDULE "A' TO BY-LAW NUMBER 4592/95
THE CORPORATION OF TI~E TOWN OF PICKERING
POLICY RESPECTING TI~E DISPOSAL OF LAND
Part A Definitions:
1. "Appraisal" means an evaluation of land, presented in writing by an accredited
appraiser.
2. '~2orporation" means The Corporation of the Town of Picketing.
3. "Council" means the Council of the Corporation.
4. "Designated Department Head" means the head of the department of the
Corporation to whom the Town Manager may bom time to time have delegated
the respons~ility for the co-ordination of the disposal of land.
5. "Land" means real property consisting of land or buildiags or both land and
buildings which may be no longer required for the purposes of the Corporation.
6. '~rown Manager" means the Town Manager of the Corporation.
Part B Responsibilities:
1. The Town Manager may from time to time delegate the responsibility for the co-
ordination of the disposal of land to a department of the Corporation.
2. The Town Manager, or the Designated Department Head, shall recommend to
Council the land that is considered surplus for the purposes of the Corporation.
3. Council shall declare by resolution,
(a) if any land is surplus, and
(b) if so, upon what terms and conditions the disposal of land will occur.
Part C Procedures:
1. Land that may potentially be deemed surplus for the purposes of the Corporation
will be identified by senior management to the Town Manager or to the Designated
Department Head.
2. The Town Manager, or the Designated Depa~ment Head, shall recommend in a
report to Council the disposal of any land deemed surplus for the purposes of the
Corporation. 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) primary suggested terms and conditions of the disposal, including an
estimate of the value of the land.
4. If Executive Committee or Council determines to pursue the recommendation for
disposal of the land, then the Town Manager or the Designated Department Head
shall obtain at least one appraisal of the land.
5. Where Council has declared land as surplus to the needs of the Corporation and
has authorized its disposal, the Town Manager or the Designated Department
Head shall cause a notice to be published at least once in the Ajax/Picketing News
Advertiser and the Pickering Bay News which shall contain the following
information:
(a) a statement that Council has declared the land surplus and the date upon
which such declaration was made;
Co) the legal description and municipal address (where available) of the land;
(c) size and characteristics of the land;
(d) site sketch and location map;
(e) the date of the meeting where Council will be considering the authorization
to dispose of the property.
6. The Town Manager or the Designated Department Head shall report to Council on
the results of the appraisal and advise Council that notice of the disposal of the
land was given. The report to Council shall include a by-law to authorize the
disposition of the land.
Part D Exceptions:
1. This policy shall not apply to the disposal of 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) Highways, roads and road allowances.
(c) Land formerly used for railway branch 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 section 42 of the
Expropriations Act.
(f) Land to be used for sites for the establiahment and carrying on of industries
and of industrial operations and incidental uses.
(g) Land sold under section 112, 112.1, 112.2 and 113 of the Municipal Act
respecting the selling or leasing of land for economic development.
(h) Easements granted to public utilities or to telephone companies.
(i) Land sold under the Municipal Tax Sales Act.
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2. This policy shah not apply when land is being sold to the following classes of
public bodies:
(a) Any municipality, including a metropolitan or regional municipality.
(b) A local board as defined in the Municipal Affairs Act.
(c) An authority under the Conservation Authorities Act.
(d) The Crown in Right of Ontario or of Canada and their agencies.