Legislative History: Enacted September 19, 2017 (By-law No. CPOL.-177-429); Amended July 24, 2018 (By-law No. CPOL.-177(a)-436)
Last Review Date: July 25, 2023
Service Area Lead: Director, Realty Services
1. Policy Statement
The purpose of this policy is to formalize and clarify practices on property for capital works projects.
2. Definitions
Not Applicable.
3. Applicability
This policy applies to all capital works projects for the City of London.
4. The Policy
4.1 The Director, Realty Services, at the request of the Deputy City Manager, Environment and Infrastructure or delegate, will provide the Deputy City Manager, Environment and Infrastructure or delegate with an in-house estimate of property cost for all capital works projects at the preliminary engineering stage; it being noted that the validity of such estimates will be restricted to a specific time frame, based on an evaluation of property market conditions by the Realty Services Division.
4.2 The initiating report on a capital works project will contain a recommendation that expropriation procedures be initiated by the Realty Services Division if, in the opinion of the Realty Services Division, such action is necessary following approval by Council of the initiating report. The Civic Administration in this event is automatically authorized to take all administrative action required to carry out the expropriation.
4.3 As soon as possible after the City Council approves the initiating report, the Environment and Infrastructure Service Area will supply the Realty Services Division with the following:
a) a Property Request Plan and Property Request Form; a property plan (registered deposit plan) prepared by an Ontario Land Surveyor and registered--details of shape; size; measurements; bearings; R.P. lot no.; registered owner; instrument number; area in square feet and acres, of land required;
b) a project conceptual plan prepared by the Environment and Infrastructure Service Area or consultant containing present property lines and improvements; the exact location of trees, hedges, fences, driveways, buildings, fire hydrants, hydro poles; proposed new property lines and improvements;
c) a schematic drawing of structures to be erected on or adjacent to private property; and
d) a proposed project schedule containing the timetable for property acquisition, tender call, start and completion of the project.
4.4 On receipt of the property plans from the Deputy City Manager, Environment and Infrastructure or delegate, the Realty Services Division will prepare a project property report for submission "in camera" to the appropriate Standing Committee, listing all properties required with an estimate of the value of each property. When all property is acquired, a completed project property report will be submitted "In Camera" to the appropriate Standing Committee, giving the estimated and actual price paid for each property and an explanation of any major variance.
4.5 On receipt of the required information from the Deputy City Manager, Environment and Infrastructure or delegate, the Realty Services Division will contact all property owners involved and attempt to negotiate a fair settlement in the form of an Agreement of Purchase and Sale executed by the registered owner.
Agreements of Purchase Sale shall be subject to the following:
a) the Agreement shall name the Solicitor acting on behalf of the offer or;
b) a deposit of $2.00 will be paid, and a receipt given at the time of the execution of the document;
c) all acceptable conditions will be included and will form part of the Agreement;
d) all subsequent changes to an Agreement shall be initialled by all parties;
e) the acceptance time of an Agreement shall cover a minimum of two City Council meetings; and
f) all signatures shall be sealed and witnessed at the time of assignment.
4.6 All Agreements as received will be processed in keeping with applicable legislation through the appropriate Standing Committee and City Council, and shall be accompanied by the following:
a) the approval of the Realty Services Division and/or the City Solicitor as to the form of the Agreement;
b) the approval of the Environment and Infrastructure Service Area with regard to conditions relative to engineering matters; and
c) a letter to the appropriate Standing Committee from the City Treasurer, containing a clear recommendation, plus the following background material: - project title; account number; availability of funds; assessment and current taxes, where practical; legal description; size; conditions of sale; registered owners; R.D.P. and Part No.; municipal no. and location; file no.; building description and the estimate of property value prepared by the Realty Services Division or by an independent third party fee appraisal.
4.7. Following the initial contact with all registered owners, and after consultation with the Environment and Infrastructure Services Area, the Realty Services Division will initiate expropriation procedures, if required, and advise the appropriate Standing Committee and the Deputy City Manager, Environment and Infrastructure or delegate of the estimated effect on property costs and project scheduling of this action.
The initiation of expropriation procedure will not preclude further negotiations by the Realty Services Division to acquire the property.
4.8 Copies of the City Council's resolution and the accepted Agreement signed by the Mayor and the City Clerk shall be forwarded to the City Solicitor for closing of the transaction. The Realty Services Division will maintain liaison with the City Solicitor and if Agreements are not closed within the prescribed time limit, both parties to the Agreement will record an agreement to extend the time of closing and the City Solicitor will advise the Realty Services Division of such time extension.
4.9 On completion of a capital works project, the Realty Services Division shall review all land surplus to the project requirement and if the enquiry procedure carried out by the Realty Services Division indicates no further public use for such land, the Realty Services Division will attempt to dispose of the land in accordance with the prescribed policy.
4.10 A monthly meeting will be held by the Realty Services Division and/or the City Solicitor’s Office staff to review the monthly Property Status Report and ensure adequate liaison on all property matters affecting Capital Works Projects.