By-law re size, composition, membership
90. (1) The council shall pass a by-law to establish, (a) the size and composition of the Toronto Parking Authority; (b) the qualifications of its members; (c) the rules regarding reappointment; (d) the procedures for filling vacancies; and (e) the circumstances under which a member’s seat becomes vacant or a member becomes disqualified from sitting as a member. 1997, c. 26, s. 90 (1). Additional powers (2) The council may, by by-law, give the parking authority power, (a) to enter into agreements for the construction of parking facilities in, under, over or on land that is vested in the city for any purpose; (b) to sell, lease or otherwise dispose of land or buildings, or parts of them, that have been designated for the parking authority’s use by a city by-law and are no longer required for the parking authority’s purposes; (c) to enter into agreements for the maintenance, operation and management of parking facilities in the urban area; (d) with the consent of the council of the municipality concerned, to enter into agreements for the maintenance, operation and management of parking facilities outside the urban area. 1997, c. 26, s. 90 (2). Execution of documents (3) If the by-law gives the parking authority the power mentioned in clause (2) (b), the city shall execute any documents that are required for the transaction. 1997, c. 26, s. 90 (3). Additional provisions (4) The by-law may include any of the following provisions: 1. Despite clause (a) of paragraph 57 of section 207 of the Municipal Act, as the clause read on December 31, 2002, the parking authority may consist of more than three members. 2. This paragraph applies if the city or the parking authority constructs a building or structure on land owned by the city, for the purposes of the parking authority, above or below ground level or both. The city (or, with the council’s consent, the parking authority) may construct on, under or in connection with the building or structure any foundations, footings and supports that the city or the parking authority considers necessary for the following purpose: to permit a space above the building or structure that is owned by the city but not required for city or parking authority purposes to be used for the construction of other buildings or structures by any person to whom an interest in the space is transferred. 3. A building that the city or the parking authority constructs as a municipal parking facility may include facilities at basement, street, mezzanine or second floor levels that are not required for city or parking authority purposes. The city or the parking authority may lease those facilities for commercial or administrative purposes. 4. If the by-law gives the parking authority the power mentioned in clause (2) (b), it may also impose limitations and conditions on the exercise of the power as the council considers proper. Without limiting the foregoing, it may provide that the money paid or any other terms of the transaction shall be subject to the council’s approval. 5. If the by-law gives the parking authority the power mentioned in clause (2) (b), the money obtained from the transaction shall be paid to the city. The balance remaining after payment of incidental expenses shall be paid into the reserve fund established under clause (d) of paragraph 56 of section 207 of the Municipal Act, as that clause read on December 31, 2002. 6. The net revenue obtained under an agreement mentioned in clause (2) (c) shall be paid into the reserve fund established under clause (d) of paragraph 56 of section 207 of the Municipal Act, as that clause read on December 31, 2002. 1997, c. 26, s. 90 (4); 2002, c. 17, Sched. F, Table.