HomeMy WebLinkAboutBy-law 6487/05THE CORPORATION Of THE CITY Of PICKERING
BY-LAW NO. 6~87/05
Being a By-law to adopt a Policy respecting the Acquisition
and Disposal of Land within the City of Pickering, Regional
Municipality of Durham.
WHEREAS section 6(1) of the Municipal Act, 2001, gives a municipality the authority to
acquire land, including the power to expropriate land in accordance with the Expropriations
Act, 2001;
AND WHEREAS The Corporation of the City of Pickering is desirous of establishing a Policy to
regulate such acquisitions and/or expropriations;
AND WHEREAS section 268(1) of the Municipal Act, 2001, gives a municipality the authority
to sell land and requires the municipality to pass a By-law establishing procedures governing
the sale of land, including the giving of notice to the public;
AND WHEREAS, a consolidated Policy has been developed establishing procedures for both
the acquisition and disposal of municipal lands, which Policy supercedes the procedures
respecting the acquisition of land described in Resolution #180/94 and those respecting the
disposal of land described in By-law 5627/00.
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 Policy governing the
Acquisition and Disposal of Land by The Corporation of the City of Pickering.
Resolution #180~94 is hereby rescinded.
By-Law 5627/00 is hereby repealed.
BY-LAW read a first, second and third time and finally passed this 21st day of February, 2005.
Davi~
-"Bruce Taylor, 'Clerk
Schedule A
CITY POLICY/PROCEDURE
!Approval:
Reference:
Resolution #
Date Originated:
Date Revised:
Policy Number:
Classification:
Category:
Subject:
Policy Title: ACQUISITION AND DISPOSAL OF LAND
ADM
POLICY STATEMENT:
The Corporation of the City of Pickering will apply fairness and accountability when acquiring
and disposing of land in accordance with applicable legislation, this policy and the principles
of effective business practices.
POLICY OBJECTIVE:
The objective of this policy is to:
1. Acquire and dispose of land in accordance with the principles stated above.
Acquire land only in support of municipal requirements and in consideration of a
professional appraisal, where applicable.
3. Dispose of land at full market value, or equivalent consideration.
Ensure that the negotiating process for acquiring or disposing of land is fair and
carried out in the best interest of the public.
GOVERNING LEGISLATION:
Section 268 of the Municipal Act, 2001 sets out the City's obligations relating to the disposal
of land and required public notice. These obligations include the passing of a By-law
establishing land disposal procedures and the maintaining of a public register identifying
certain lands owned by the City. Other legislation governing the acquisition and disposal of
land includes, but is not limited to, the Expropriations Act, the Environmental Assessment
Act and the Planning Act and City By-Law 6166/03, as amended, which governs the public
notice requirements relating to the acquisition or disposal of land.
Page 1 of 23
PICK F,i, IN(5
CITY POLICY/PROCEDURE
Approval:
Reference:
Resolution #
Date Originated:
Date Revised:
Policy Number:
Classification:
Category:
Subject:
Policy Title: ACQUISITION AND DISPOSAL OF LAND
ADM
GENERAL:
01 Definitions:
These definitions are intended to be used for the purpose of this policy/procedure.
01.01
Appraisal - An estimate of the current market value of land, presented
in writing by a professional appraiser qualified under the designation
Accredited Appraiser Canadian Institute (AACI).
An Appraisal is required in all circumstances except:
If the acquisition of land is gratuitous pursuant to the
development process.
Land 0.3 metres or less in width acquired in connection with
approvals or decisions under the Planning Act.
Easements granted to public utilities, telephone companies or
pursuant to development process.
Land sold under the Municipal Tax Sales Act.
Closed highways, roads and road allowances if sold to an
abutting landowner.
Land formerly used for railway lines if sold to an abutting
landowner.
Land that does not have direct access to a highway if sold to an
abutting landowner.
Land repurchased by an owner in accordance with section 42 of
the Expropriations Act.
Land to be used for sites for the establishment of carrying on of
industries and of industrial operations and incidental uses.
Land sold pursuant to sections 107 to 110, inclusive, of the
Municipal Act.
Page 2 of 23
PICKFRING
CITY POLICY/PROCEDURE
Approval:
Reference:
Resolution #
Date Originated:
Date Revised:
Policy Number:
Classification:
Category:
Subject:
Policy Title: ACQUISITION AND DISPOSAL OF LAND
ADM
01.02
01.03
01.04
01.05
01.06
01.07
01.08
Notwithstanding the above-noted exemptions, the CAO may seek an
appraisal on lands deemed to be exempt by the Municipal Act where it is
appropriate in order to determine fair market value.
Acquisition - To acquire certain lands into one's ownership, in fee
simple.
Disposal - To dispose of certain lands from one's "fee simple"
ownership.
Expropriation - The taking of land without the consent of the owner.
Fee Simple - Absolute form of ownership. Possessing registered title to
land and having the jurisdiction to dispose of it.
Easement - A right or restriction attached to the title of land.
Public Highways / Road Allowances - The following are highways
unless they have been previously closed:
· All highways that existed on December 31, 2002.
· All highways established by by-law of a municipality on or after
January 1, 2003.
· All highways transferred to a municipality under the Public
Transportation and Highway Improvement Act.
· All road allowances made by the Crown surveyors that are located in
municipalities.
· All road allowances, highways, streets and lanes shown on a
registered plan of subdivision.
Purchaser - The City, any individual, or company who enters into an
agreement to acquire land.
Page 3 of 23
CITY POLICY/PROCEDURE
Approval:
Reference:
Resolution #
Date Originated:
Date Revised:
Policy Number:
Classification:
Category:
Subject:
Policy Title: ACQUISITION AND DISPOSAL OF LAND
ADM
01.09
01.10
01.11
02 Provisions:
02.01
02.02
02.03
02.04
Reference Plan - A plan that is prepared by an Ontario Land Surveyor
which pictorially details the dimensions of a parcel of land or easement
and which provides a legal description for registration purposes.
Surplus Land - Land which is no longer required by the municipality and
which has been declared surplus through By-law or Resolution passed
at a meeting of Council. Surplus Land may include buildings.
Vendor - The City, any individual or company who enters into an
agreement to sell land.
This policy is limited to the acquisition and disposal of land not
otherwise governed by the land development process as specifically
described herein and is not applicable to the procurement and sale of
any other goods, services or assets.
Land shall be acquired free of encumbrances, except for any
easements required by provincial or federal governments or their
assigned agencies, the Region of Durham (hereinafter referred to as the
"Region"), a public utility, a conservation authority or other public body.
In the event that a provision within this policy is inconsistent with any
Act or regulation that applies to the acquisition or disposal of land by the
municipality, the Act or regulation shall take precedence over the
provisions of this policy to the extent necessary to comply with the law.
Where such a contradiction is determined, this Policy shall be amended
as required.
This policy shall not apply when land is being acquired from, or sold to,
the following classes of public bodies:
(a) A municipality, including a metropolitan or regional municipality.
(b) A local board as defined in the Municipal Affairs Act.
Page 4 of 23
CITY POLICY/PROCEDURE
Approval:
Reference:
Resolution #
Date Originated:
Date Revised:
Policy Number:
Classification:
Category:
Subject:
Policy Title: ACQUISITION AND DISPOSAL OF LAND
ADM
03
(c) An authority under the Conservation Authorities Act.
(d) The Crown in Right of Ontario or of Canada and their agencies.
02.05
Deviations to this policy may be authorized by the Chief Administrative
Officer so long as such deviations relate only to a procedural matter
which does not substantially affect the policy or its intent, as approved
by Council, and are not contrary to any applicable legislation.
Responsibilities:
03.01
Council to:
(a) Approve and actively support this policy.
(b) By By-law or Resolution, in the case of the acquisition of land:
(i) Approve the acquisition of the land for municipal purposes.
(ii) Approve, in principle, the recommended terms and
conditions of the acquisition.
(iii) Authorize the execution of the appropriate documentation by
the Mayor and City Clerk for the acquisition.
(c) By By-law or Resolution, in the case of the disposal of land:
(i) Declare the land surplus to the needs of the municipality for
the purpose of sale.
(ii) Approve, in principle, the recommended terms and
conditions of disposal.
(iii) Approve the recommended method of disposal.
(iv) Authorize the execution of the appropriate documentation by
the Mayor and City Clerk to effect the disposal.
(d)
Authorize that the Chief Administrative Officer approve the final
terms and conditions of any acquisition or disposal, provided they
Page 5 of 23
PICKFRING
CITY POLICY/PROCEDURE
Approval:
Reference:
Resolution #
Date Originated:
Date Revised:
Policy Number:
Classification:
Category:
Subject:
Policy Title: ACQUISITION AND DISPOSAL OF LAND
ADM
03.02
are consistent with legislation and the governing principles stated
herein.
Chief Administrative Officer (CAO), or designate, to:
(a) Actively support this policy.
(b)
(c)
(d)
(e)
(f)
(g)
Identify land which is no longer required by the municipality or, is
necessary to be acquired for municipal purposes.
(h)
Receive requests from City staff, outside agencies or private
individuals concerning the possible acquisition or disposal of
land.
Consider proposals for the acquisition or disposal of land and
determine, in consultation with public agencies and City
Department Heads, the general terms and conditions of the
acquisition or disposal.
Obtain an appraisal, where prescribed, of land being acquired or
disposed of.
If required, requisition the preparation of a reference plan of the
land being acquired or disposed of.
If there is any reason to believe that the land being acquired or
disposed of may be contaminated, the CAO shall acquire or
requisition an assessment of the land by a qualified person.
Advise Council at a "closed" meeting of Council, of City staff's
intent to recommend that certain lands be acquired or disposed
of, seeking general consensus from Council and where
appropriate, direction by Resolution to proceed with the matter.
Page 6 of 23
PICKEFdNG
CITY POLICY/PROCEDURE
Approval:
Reference:
Resolution #
Date Originated:
Date Revised:
Policy Number:
Classification:
Category:
Subject:
Policy Title: ACQUISITION AND DISPOSAL OF LAND
ADM
03.03
(i)
(J)
Authorize, in writing, the Coordinator, Property & Development
Services to proceed, or not to proceed with the acquisition or
disposal of land outlining therein any specified terms or conditions
determined by senior management and Council. Copy written
direction to all Directors.
Negotiate, if required, and approve the final terms and conditions
of such acquisitions or disposal of land in accordance with this
policy.
Solicitor acting for the City to:
(a)
(b)
(c)
(d)
(e)
Actively support the policy and ensure its continued compliance
with governing legislation.
(0
Provide legal guidance and direction to Council, the CAO and
City staff in order to ensure compliance with the interpretation of
applicable legislation and this policy, ensuring the legal interests
of the City are protected.
Update Council and the CAO, where required, and City staff of all
legal and legislative changes respecting the acquisition and sale
of municipal lands.
Approve the legal form of all documents required to carry out the
requirements of this policy.
In the event land is to be acquired through expropriation, prepare
all appropriate documentation, including Reports, By-laws or
Resolutions for Council that are necessary to seek authorization
to expropriate the lands required by the City.
Attend hearings, if required, dealing with expropriation matters.
Page 7 of 23
PICKEI ,,IG
CITY POLICY/PROCEDURE
Approval: Date Originated:
Reference: Date Revised:
Resolution #
Policy Number:
Classification: ADM
Category:
Subject:
Policy Title:
ACQUISITION AND DISPOSAL OF LAND
03.04
(g)
(h)
Obtain, prepare and distribute all documentation necessary to
carry out the expropriation.
Provide the Coordinator, Property & Development Services with
all documentation and details necessary to effect the final
conveyance of expropriated lands to the City.
Coordinator, Property & Development Services to:
(a)
(b)
(c)
(d)
(e)
(0
Coordinate and complete the acquisition or disposal of land in
accordance with applicable legislation, this policy and any terms
and/or conditions prescribed by the CAO, consulting with the
Solicitor, as required.
(g)
Prepare Reports to Council and By-laws and/or Resolutions to
secure Council's authorization to proceed with the acquisition or
disposal of land.
Prepare, in consultation with the Solicitor acting for the City,
Agreements of Purchase and Sale, when required, and attend to
their execution.
If land being disposed of, prepare all appropriate public notices in
accordance with this policy and the Public Notification Policy.
If land being disposed of has been designated as a road
allowance, effect all steps required by section 10 herein.
If land is being disposed of, ensure all required easements are
obtained for the City and Region prior to disposal.
In the event land is being disposed of by way of inviting "Offers to
Purchase", prepare and forward the Offer to Purchase packages
to the Manager, Supply & Services for distribution, which
packages should include:
Page 8 of 23
CITY POLICY/PROCEDURE
Approval:
Reference:
Resolution #
Date Originated:
Date Revised:
Policy Number:
Classification:
Category:,
Subject:
Policy Title: ACQUISITION AND DISPOSAL OF LAND
ADM
(h)
(i)
O)
(k)
(i)
(ii)
(iii)
(iv)
(v)
Two (2) copies of the Agreement of Purchase and Sale.
Terms of Reference, which among other things shall set
out the date the Offer to Purchase packages will be
opened by City staff and the various offers recorded (the
"opening") and minimum offer requirement.
Copy of the reference plan outlining the subject lands.
Location mapping of the lands.
Indemnification Agreement (If land being disposed of was
previously a read).
Attend the opening.
Review offers to determine, in consultation with
designate, the successful purchaser.
Contact the successful purchaser and obtain
the CAO or
all relevant
information required to continue with the disposal process as well
as the unsuccessful individuals who submitted offers to inform
them accordingly.
Advise the Manager, Supply & Services, in writing, as to who has
been accepted as successful purchaser and the scheduled
closing date. Copy Directors.
Prepare all closing documentation respecting acquisition or
disposal of lands in accordance with section 12 herein.
Page 9 of 23
Approval:
Reference:
Resolution #
CITY POLICY/PROCEDURE
Date Originated: Policy Number:
Classification:
Date Revised:
Category:
Subject:
Policy Title: ACQUISITION AND DISPOSAL OF LAND
ADM
03.05
Manaqer, Supply & Services:
When it is determined that the method to dispose of City-owned lands
will be done by inviting Offers to Purchase, the Manager, Supply &
Services, or a designate, shall:
(a)
Prepare a notice, in accordance with the Public Notification
Policy, advising that certain City-owned land has been declared
surplus and the City is inviting the submission of Offers to
Purchase from the public.
(b)
Distribute Offer to Purchase packages to interested parties,
which packages will be prepared and provided by the
Coordinator, Property & Development Services.
(c)
Accept Offer to Purchase packages and hold until the date
scheduled for the opening.
(d)
Attend the opening and record all pertinent information
respecting offers.
(e)
Summarize all offers and forward listing to the Coordinator,
Property & Development Services along with submitted
Agreements of Purchase and Sale and cheque deposits.
Page 10 of 23
PICKFR1NG
CITY POLICY/PROCEDURE
Approval: Date Originated:
Reference: Date Revised:
Resolution #
Policy Number:
Classification: ADM
Category:
Subject:
Policy Title:
ACQUISITION AND DISPOSAL OF LAND
LAND ACQUISITION:
04 Pre-Consultation:
04.01
The CAO, or his designate, shall consider and/or evaluate all requests
concerning the possible acquisition of land for municipal purposes.
04.02
The CAO, or his designate, shall prepare documentation for circulation
to internal staff seeking information, concerns or concensus for
acquisition of land. In the event the concensus is favourable, the CAO,
or his designate, may,
(a)
(b)
Obtain an appraisal of the lands.
Obtain a reference plan, if required.
04.03
If there is any reason to believe that the lands considered for acquisition
may be contaminated, the CAO shall obtain an assessment, by a
qualified person, to determine whether the condition of the land
conforms with the environmental standards required for the proposed
land use.
04.04
Where a determination is made to acquire land for municipal purposes,
the CAO shall forward a direction to proceed with such acquisition to the
Coordinator, Property & Development Services, which shall include:
(a)
(b)
(c)
(d)
(e)
(0
A description of the land.
The purpose of the acquisition.
Any specific terms and conditions of the acquisition.
A copy of the appraisal and if required, a reference plan.
The account or project number all administration costs should be
charged to.
Pink receipt copies used for the payment of the preparation of the
appraisal, reference plan and any other documentation required
to acquired the lands.
Page 11 of 23
CITY POLICY/PROCEDURE
Approval:
Reference:
Resolution #
Date Originated:
Date Revised:
Policy Number:
Classification:
Category:
Subject:
Policy Title: ACQUISITION AND DISPOSAL OF LAND
ADM
05
Report to Council:
05.01
Following direction from the CAO to acquire specified land, the
Coordinator, Property & Development Services, will prepare a
Confidential** Report to Council which may contain the following
information:
** If acquisition is for 'nominal consideration' Report to Council does not
need to be Confidential **
(a)
A recommendation that a By-Law or Resolution be passed to
acquire certain lands for use by the corporation.
(b)
The legal description and municipal address (where available) of
the land required for municipal purposes.
(c)
General comments respecting why the land is required by the
corporation.
(d)
General financial implications of the purchase, including the
purchase price, associated legal costs, costs relating to the
preparation of the appraisal and reference plan and closing
costs.
(e) Site sketch and/or location mapping.
(f) Staff's comments.
(g)
Other terms and conditions that may be relevant to the acquisition
and the anticipated closing date.
Page 12 of 23
CITY POLICY/PROCEDURE
Approval:
Reference:
Resolution #
Date Originated:
Date Revised:
Policy Number:
Classification:
Category:
Subject:
Policy Title: ACQUISITION AND DISPOSAL OF LAND
ADM
06
07
Negotiating and Completing Purchase:
06.01
Following receipt of Council's authorization by By-law or Resolution, the
Coordinator, Property & Development Services will proceed with the
land acquisition based on the terms specified by the CAO and set out in
the Report.
06.02
If the negotiation and completion of a purchase cannot be concluded
within the terms specified, the Coordinator, Property & Development
Services will report the details to the CAO, who will make a
determination on the matter.
06.03
Following completion of negotiation, the Coordinator, Property &
Development Services will arrange a mutually agreeable closing date
with the vendor and attend to the preparation and execution of all the
applicable legal documentation (see section 12.01) to effect the
conveyance.
06.04
Coordinator, Property & Development Services will undertake the closing
of the acquisition in accordance with section 12.01.
06.05
Coordinator, Property & Development Services will ensure all applicable
internal staff are made aware of closing details.
06.06
Coordinator, Property & Development Services will attend to the
updating of the City's property register and forward location mapping of
new acquired property to the Director, Operations & Emergency
Services and City Clerk for inclusion into their copies of the property
register.
Expropriation:
07.01
Section 6(1) of the Municipal Act, 2001, authorizes a municipal Council
to acquire land for municipal purposes through expropriation in
accordance with the Expropriations Act.
Page 13 of 23
CITY POLICY/PROCEDURE
Approval:
Reference:
Resolution #
Date Originated:
Date Revised:
Policy Number:
Classification:
Category:
Subject:
ADM
Policy Title: ACQUISITION AND DISPOSAL OF LAND
07.02
07.03
The City will make every reasonable attempt to acquire land through
negotiation. In the event that all reasonable negotiation efforts are
exhausted, the CAO may initiate the process to acquire such land
necessary for municipal purposes through expropriation.
Following direction from the CAO to initiate the process to acquire land
through the expropriation process, the Solicitor acting for the City will
prepare a Confidential Report to Council seeking authority, by By-Law
or Resolution, to acquire such land via the expropriation process. This
Report may include the following information:
(a)
A recommendation that a By-Law or Resolution be passed
authorizing the Solicitor acting for the City to initiate the process
to expropriate the land required for municipal purposes in
accordance with the Expropriations Act and other applicable
legislation.
(b)
The legal description and municipal address (where available) of
the land being expropriated for municipal purposes.
(c) Site sketch and/or location mapping.
(d) The proposed use of the land.
(e) Staff's comments.
(f) Information relating to the appraised value of the land and
associated expropriation costs.
(g) Summary of the negotiation process to date.
(h)
Information about the expropriation process and the anticipated
costs that the corporation may incur to successfully expropriate
the land required for municipal purposes.
Page 14 of 23
PICKFRING
CITY POLICY/PROCEDURE
Approval:
Reference:
Resolution #
Date Originated:
Date Revised:
Policy Title:
Policy Number:
Classification: ADM
Category:
Subject:
ACQUISITION AND DISPOSAL OF LAND
07.04
Following authorization by Council, the Solicitor acting for the City will
attend to the preparation, coordination and circulation of all the
necessary legal documentation to effect the expropriation in accordance
with applicable law.
07.05
Once all matters respecting the expropriation of a property have been
completed, the Solicitor acting for the City will provide the Coordinator,
Property & Development Services with written details and instructions
as to the closing terms and conditions of the property. Those
instructions are to include, among others, the name and phone number
of the owner's solicitor, the price to be paid for the land and the
scheduled date of closing. As well, the instruction should include the
pink receipt copies used for the payment of the preparation of the
appraisal, reference plan and any other documentation required to
acquired the lands.
07.06
Upon receipt of the necessary documentation and direction from the
Solicitor acting for the City, the Coordinator, Property & Development
Services will attend to the registration of the expropriated lands and will
advise Council, the CAO, Department Heads and City Clerk about the
particulars of the acquisition.
07.07
Coordinator, Property & Development Services will attend to the
updating of the City's property register.
DISPOSAL OF LAND:
08 Pre-Consultation:
08.01
The CAO, or his designate, shall consider and/or evaluate all requests
respecting the possible disposal of land from the corporation's land
inventory, considering any interest expressed by any public agencies.
Page 15 of 23
CITY POLICY/PROCEDURE
Approval:
Reference:
Resolution #
Date Originated:
Date Revised:
Policy Number:
Classification:
Category:
Subject:
Policy Title: ACQUISITION AND DISPOSAL OF LAND
ADM
08.02
08.03
08.04
Following a determination, in consultation with the Department Heads
that certain lands are no longer required for municipal purposes and
may be offered for disposal, the CAO will:
(a)
Consult with Council at a "closed" meeting in order to obtain
general endorsement to proceed with the disposal of lands in
accordance with this policy; or where determined appropriate,
pass a Resolution to proceed with the disposal.
(b) Obtain an appraisal of the lands.
(c) If required, obtain a reference plan.
If there is any reason to believe that the lands being disposed of may be
contaminated, the CAO shall acquire or requisition an assessment of
the condition of the land by a qualified person.
Where a final determination is made to proceed with the disposal of
municipal land, the CAO shall forward written direction to the
Coordinator, Property & Development Services, to bring forward the
appropriate documentation to declare the land surplus to the needs of
the City, which direction shall include:
(a) A description of the land, roll number, municipal address.
(b)
The recommended method of disposition, either by conveyance
to a specific party, by inviting offers or by open public sale.
(c)
All relevant terms and conditions of disposal, including, but not
limited to, the asking price, a copy of any prepared reference
plan.
(d)
Pink receipt copies used for the payment of the preparation of the
appraisal, reference plan and any other documentation required
to acquired the lands.
Page 16 of 23
CITY POLICY/PROCEDURE
Approval:
Reference:
Resolution #
Date Originated:
Date Revised:
Policy Number:
Classification:
Category:
Subject:
Policy Title: ACQUISITION AND DISPOSAL OF LAND
ADM
09
09.01
Report to Council and Notice Requirements
Following direction from the CAO to proceed with the disposal of land, in
accordance with this policy, the Coordinator, Property & Development
Services, will prepare a Report to Council, if required, which may
contain the following information:
(a) A recommendation that a By-Law or Resolution be passed,
declaring the lands surplus to the needs of the corporation for the
purpose of sale.
(b) The legal description and municipal address (where available) of
the land being disposed of.
(c) General comments respecting why the land is no longer required
by the City.
(d) General financial implications of the sale; including the costs
associated with legal requirements, the preparation of a
reference plan, if required and closing costs.
(e) Site sketch and/or location mapping.
(f) Staff's comments.
(g) The method of disposal, being one of the following:
(i) Disposal to a specific interested party, where applicable.
(ii)
By inviting Offers to Purchase, if negotiation with an
interested party is not applicable or is unsuccessful.
Through an open public sale, if no offers are received or
no submitted offers are acceptable.
Page 17 of 23
PICKER1NG
CITY POLICY/PROCEDURE
Approval:
Reference:
Resolution #
Date Originated:
Date Revised:
Policy Number:
Classification:
Category:
Subject:
Policy Title: ACQUISITION AND DISPOSAL OF LAND
ADM
10
(h)
Other terms and conditions that may be relevant to the disposal,
and the anticipated closing date.
09.02
Once lands have been formally declared surplus for the purpose of sale,
Coordinator, Property & Development Services will prepare the
appropriate public Notice advising that Council has deemed certain
lands surplus to the corporation for the purpose of sale. Notice will
differ depending on what method of disposal has been determined. The
Notice must appear prior to finalizinq sale of lands.
Disposal of Lands Designated as a Public Highway:
This procedure should be followed in all circumstances where there is any evidence
that lands being disposed of have been traveled upon as a road or maintained as a
road but not necessarily dedicated as a road.
10.01
If the land being disposed of has been designated as a traveled read
allowance/public highway, the provisions of the Municipal Act governing
road closures must be effected prior to the proceeding with the steps
required by section 9 herein.
10.02
Where the land authorized for disposal has been designated as a
traveled read allowance/public highway, the Coordinator, Property &
Development Services shall:
(a)
Prepare all appropriate utility and agency notices advising of road
closure and seeking agency interest for easements (plants to be
removed or relocated).
(b)
Arrange for public notice to be given in accordance with the
Municipal Act, 2001 and the City's Public Notification Policy.
(c)
Prepare a Report to Council and By-law seeking authorization to
stop-up and close the road as a public highway, and declare
surplus for the purpose of disposal.
Page 18 of 23
CITY POLICY/PROCEDURE
Approval:
Reference:
Resolution #
Date Originated:
Date Revised:
Policy Number:
Classification:
Category:
Subject:
Policy Title: ACQUISITION AND DISPOSAL OF LAND
ADM
11
(d)
Attend to the registration of the dedicating By-law, if required,
and Road Closing By-law prior to conveying lands into separate
ownership.
(e)
Ensure that all regional or utility easements are registered on title
prior to conveying the lands into separate ownership.
10.03
If the City requires an easement on the lands being sold, the
Coordinator, Property & Development Services shall prepare the
Transfer of Easement for the City and ensure that Acknowledgement
and Direction is received from the purchaser acknowledging the City's
requirement for the easement and an Undertaking is provided by the
purchaser's solicitor indicating that, immediately following the
registration of the Transfer of Land to the purchaser, the purchaser's
solicitor will register the Transfer of Easement in favour of the City.
Ne,qotiatin.q and Completin.q the Sale:
11.01
Conveyance to Specific Party (Individual or Corporation)
If the land is being sold to a specific party, the Coordinator, Property &
Development Services shall prepare the Agreement of Purchase and
Sale, if applicable, under direction of the Solicitor acting for the City and
in accordance with the terms specified by the CAO and established in
the Council Resolution or By-law, and make arrangements for the final
conveyance of land.
11.02
If a satisfactory Agreement of Purchase & Sale or arrangement cannot
be concluded with a specific individual/corporation within the terms
specified, the Coordinator, Property & Development Services shall
consult with the CAO prior to proceeding with the conveyance through
any other means.
Page 19 of 23
CITY POLICY/PROCEDURE
Approval:
Reference:
Resolution #
Date Originated:
Date Revised:
Policy Number:
Classification:
Category:
Subject:
Policy Title: ACQUISITION AND DISPOSAL OF LAND
ADM
11.03
11.04
11.05
11.06
Conveyance by Invitin,q Offers to Purchase
In the event that land is being sold by way of inviting Offers to Purchase,
the Manager, Supply & Services will prepare a public notice advising of
the City's intent to invite Offers to Purchase. Such notice shall be
prepared and processed in accordance with the Public Notification Policy.
Such notice should also be placed in the real estate section of the local
newspaper (across Durham) at least once within the first week notice
appears on community page.
Coordinator, Property & Development Services will prepare invitation
packages and provide packages to Manager, Supply & Services for
distribution. Packages will include:
(a) Two (2) copies of the Agreement of Purchase and Sale.
(b)
Terms of reference for the disposal of the lands, which shall
include a minimum offer requirement.
(c) Copy of the reference plan outlining the subject lands.
(d) Location mapping of the lands.
(e) Indemnification Agreement (If land being disposed of was
previously a road).
Offers shall be received by the Manager, Supply & Services, recorded
as to the date and time of receipt and shall be retained unopened, until
the final date established for the receipt of offers.
A minimum of three (3) City staff, to include the City Clerk, Manager,
Supply & Services and Coordinator, Property & Development Services,
or their designates, shall attend at the offer opening. Any other
interested party may also attend.
Page 20 of 23
CITY POLICY/PROCEDURE
Approval:
Reference:
Resolution #
Date Originated:
Date Revised:
Policy Number:
Classification:
Category:
Subject:
Policy Title: ACQUISITION AND DISPOSAL OF LAND
ADM
11.07
11.08
11.09
11.10
11.11
11.12
The announcing of offer information shall be done by the City Clerk, or
designate, as each package is opened and the recording of offer
information shall be done by the Manager, Supply & Services, or
designate, at the time each package is opened.
Once all of the packages have all been opened, the Manager, Supply &
Services, or designate, will provide a summary of the offers to the
Coordinator, Property & Development Services.
Following receipt of the summary of offers, the Coordinator, Property &
Development Services, in consultation with the CAO, or designate, will
determine a successful purchaser.
Coordinator, Property & Development Services will contact the successful
purchaser and obtain relevant information required to continue with the
conveyance process. As well, the Coordinator, Property & Development
Services will contact the unsuccessful individuals who submitted offers to
inform that they were unsuccessful.
In the event that no offers are received, or no offer is accepted by the
City, the Coordinator, Property & Development Services may proceed
with the conveyance of the surplus lands through disposal on the open
public market.
Disposal by Open Public Sale
If land is being conveyed by way of an Open Public Sale, the
Coordinator, Property & Development Services will arrange for the
installation of a 'for sale' sign on the land and arrange for a notice of
such sale to appear:
(a) In the community page of the local newspaper,
(b)
In the real estate section of local newspaper for all of Durham
Region, and
Page 21 of 23
PICKER1NG
CITY POLICY/PROCEDURE
Approval:
Reference:
Resolution #
Date Originated:
Date Revised:
Policy Number:
Classification:
Category:
Subject:
ADM
Policy Title: ACQUISITION AND DISPOSAL OF LAND
12
(c) On the City's website,
until an offer is received or direction is given by the CAO to discontinue
the attempt to dispose of the land.
11.13
Coordinator, Property & Development Services will receive all offers,
advise the CAO, or designate, as to the particulars and upon
concurrence of the CAO, or designate, of an acceptable offer, advise
the successful individual/corporation that the City has accepted their
offer, following which, the Coordinator, Property & Development
Services will proceed to finalize the conveyance of land. Coordinator,
Property & Development Services will arrange for the removal of the "for
sale" sign.
Closing the Transaction:
12.01
Prior to the final acquisition of land by the City or disposal of land by the
City, the Coordinator, Property & Development Services will:
(a)
Attend to the preparation of all required legal documentation
under the direction of the Solicitor acting for the City to effect the
conveyance:
Acquisition Disposal
· Requisition Letter to Lawyer
Requisition Letter to all
Utilities, if applicable
· Tax Certificate Request
· Zoning Compliance Request
· Undertaking to Close & Adjust
· Bill of Sale
· Warranty
· Receive & Register Deed
· Transfer of Deed
· Transfer of Easement
if required
· Statement of Adjustments
· Certificate of Clerk
· Requisition Response Ltr.
· Declaration
· GST Information
· Undertakings
Page 22 of 23
CITY POLICY/PROCEDURE
Approval:
Reference:
Resolution #
Date Originated:
Date Revised:
Policy Number:
Classification:
Category:
Subject:
Policy Title: ACQUISITION AND DISPOSAL OF LAND
ADM
12.02
12.03
12.04
· Document Registration
Agreement
· Document Registration
Agreement
(b)
Arrange a mutually agreeable closing date with the purchaser's
solicitor.
(c)
In the case of an acquisition, requisition the funds from Corporate
Services Department.
(d)
In the case of the disposal of City-owned lands, ensure that funds
are received from the purchaser.
(e) Coordinate the closing of the transaction.
For sale of surplus lands, the Coordinator, Property & Development
Services will process closing cheque, coordinate all information relating to
the costs incurred by the City to purchase or sell certain lands and
prepare reporting memo to the Manager, Accounting Services, advising
of closing particulars. (All pink receipt copies provided by CAO for costs
associated with project that have been held at front of file will be attached
to memo to the Manager, Accounting Services).
Coordinator, Property & Development Services will prepare final
reporting memo (with copy of registered Transfer(s) to the City Clerk;
Division Head, Municipal Property & Engineering; Supervisor,
Development Control; Coordinator, Taxation Services; and copy memo
to the CAO; all Department Heads; Manager, Development Review;
Chief Building Official; Coordinator, Business Development Investment
and Solicitor acting for the City).
Coordinator, Property & Development Services will either remove
property page from City's property register relating to the property just
sold, or add newly acquired property to City's property register and
prepare memo to the City Clerk and Director, Operations & Emergency
Services advising them to do the same.
Page 23 of 23