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HomeMy WebLinkAbout87-157 THE CORPORATION OF THE TOWN OF NEWCASTLE BY-LAW 87- 157 being a by-law to authorize the execution of an agreement with Her Majesty the Queen in Right of the Province of Ontario. as represented by the Minister of Citizenship and Culture. with respect to funding under the Designated Property Grant Program THE COUNCIL OF THE CORPORATION OF THE TOWN OF NEWCASTLE HEREBY ENACTS AS FOllOWS: 1. THAT the Mayor and Clerk are hereby authorized to execute on behalf of the Corporation of the Town of Newcastle. and seal with the Corporation's Seal. an Agreement with Her Majesty the Queen in Right of Ontario. as represented by the Minister of Citizenship and Culture. inc_the form attached hereto as Schedule IIAII. 2. THAT Schedule IIA" attached hereto forms part of this by-law. By-law read a first and second time this 28th day of September 1987 By-law read a third time and finally passed this 28th day of September 1987 DESIGNATED PROPERTY GRANT AGREEMENT 1. Definitions "Colour photographs" means clear, in~foeus photographs which have been taken both from close enough range to clearly show the area of the Project for which grant monies have been awarded and which have been taken from a far enough range to show a clear overall view of the Project and does not include Polaroid photographs. "Eligible Project" means a project as defined in the Designated Property Grant Guidelines. There there is any dispute between the Ministry and the Municipality as to whether a project is an Eligible Project, the decision of the Ministry shall be final and binding. - "Eligible Project Costs" means costs incurred in the course of the Eligible Project but does not include the value represented by voluntary contributions of time, labour, materials or other such things. "Eli able Property" means land within the Municipality which: a is owned or occupied by the applicant, provided that, where work is being carried out~by a tenant, that the owner has given written approval to such work; (b) is designated property under either Part IV or Part V of the Ontario Heritage Act; and (c) is property which has not previously been, the subject of a grant under this Agreement within the calendar year in which the application is made. r'Eunds" means any monies awarded and paid to a Municipality under this Agreement. - "Grant" or "Grants" means any monies awarded and paid to an applicant by a Municipality. "Guidelines" means the guidelines describing the Designated Property Grant program which are attached hereto as Schedule 1. The Ministry may from time to time direct the Municipality to f ollow new Guidelines which have been prepared and issued by the Ministry. Upon such direction, the new guidelines shall supercede those attached. "LACAC" means a Local Architectural Conservation Advisory Committee as established pursuant to the Ontario Heritage Act. "Ministry" and "Minister" mean the Ministry and Minister of Citizenship and Culture. ® 2 "Municipality" means a municipality as defined in the Ontario Heritage Act. "Northern Ontario" means all of the area comprised by the following districts: Algoma, Cochrane, Kenora, Manitoulin, Nipissing, Parry Sound, Rainy River, Sudbury, Thunder Bay and Timiskaming. "Project" means an Eligible Project as defined in this Agreement. "Southern Ontario" means that part of Ontario which has not been defined as Northern Ontario. 2. Credit The Municipality shall acknowledge the support of the Government of Ontario through the Ministry of Citizenship and Culture in all advertising, publicity, programs, signage and plaques relating to the program. 3. Educational Seffiinars The Municipality shall send such delegates as indicated by the Ministry to at least one specified architectural conservation seminar annually, which seminar shall be hosted or sponsored by the Ministry. If no architectural. conservation seminar is hosted or• sponsored by the Ministry in any given year, this term shall not apply for that year. ~&. Publicity The Municipality shall publicize the availability of grants under this program. ~o Purpose of Funds P"unds given by the Ministry to Municipalities shall only be used for the purposes outlined in this Agreement. 6a Conflict In the event of a conflict between a term of this Agreement and the Guidelines, the provisions of this Agreement shall govern . 7. Operation of Program by Municipality The Municipality shall distribute application forms substantially similar to the one attached hereto as Schedule 2, which application forms shall be accompanied by the Guidelines. The Municipality shall process all complete applications within two months. ® 3 - Where the Municipality has appointed a LACAC, the Municipality shall refer all applications to the L,ACAC for comments and a recommendation. The council of the Municipality shall approve an application only if: (a) the application is made in respect of an Eligible Property; (b) the application is made in respect of an Eligible Prod ect; (c) the application is supported by such historic and present-day photographs, sketches, blueprints, plans or other documentation as the Municipality requires to fudge the merits of the application; and (d) the application is made in-respect of a Project which has not yet been commenced. Where an application has been approved, the Municipality shall write to the applicant: (a) indicating the work to be completed; (b) providing any additional conditions governing the Grant; (c) stating that payment shall only be made ixpon completion of the Project to the satisfaction of the Municipality and in accordance with the .Guidelines and upon substantiation of Eligible Costs by invoice. Where an application has not been approved, the Municipality shall inform the applicant of this in writing, indicating the reasons for the non-approval. ~. Payment of Grant by Municipality Where the Municipality has inspected a Project and is satisfied that it has been completed in accordance with tree Guidelines and in a satisfactory manner, and where a claim for the payment of a Grant has been submitted by the applicant, the Municipality shall pay the applicant the amount stipulated in section 9. No payment shall be made unless the claim for such payment is accompanied by invoices for Eligible Project Costs. 90 Reimbursement by the Ministry Where the Ministry is satisfied that the Municipality has processed an application and made a Grant in accordance with , this Agreement, it shall reimburse the Municipality an amount equal to the lesser of: (a) the amount of the applicant's claim to a maximum of 50% in Southern Ontario or to a maximum of 66.67% in Northern Ontario of the total amount of the Eligible Project Costs as substantiated by invoice; or (b) $3,000.00; together witri 10% of 'the Grant amount to offset the administrative costs of the Municipality in administering the program. No reimbursement shall be made under this section m ~d unless: (a) the Municipality has complied with this Agreement; (b) the Municipality has completed and submitted Claim Forms '0A" and "B" attached hereto as Schedules "3" and "~}" respectively, in respect of that project; and (c) the Municipality has submitted historic photographs, where available, as well as Colour Photographs both before the Project is undertaken and after the Project is ompleted. Claims by the Municipality for reimbursement shall be submitted to the Ministry by June 30th and December 31st of each year. All reimbursement is subject to the availability of funds in the program, and the Ministry reserves the right to make a pro rata distribution of available funds to Municipalities- based on claims submitted. loo Direct payment to Municipality Notwithstanding section 9 of this Agreement, the Ministry may in its sole discretion award advance Funds to the ly[unicipality to be used by the Municipality for the purposes outlined in this Agreement. If the Ministry makes such an award, no reimbursement as provided in paragraph 9 shall be made to a Municipality in respect of any Protects. Only a Municipality with an established LACAC and which has demonstrated success in administering the program shall be considered for payment under this sectione An amount equal to ten per cent of any amount paid out of these Funds to Grant recipients shall be used by the Municipality to offset the administrative costs of the Municipality in administering this program.- When the advance Funds have been used, the Ministry may in its sole discretion award further advance Funds to the Municipality or direct the Municipality to follow the reimbursement procedure outlined in section g. 11a Accounting All Funds awarded under this section shall be accounted for in a separate ledger account. The Municipality shall keep and maintain all records, invoices and- other documents relating to the Funds in a manner consistent with generally accepted accounting principles and clerical practices, and shall maintain such records for a period of three years after the termination of this Agreement. The Municipality authorizes the Ministry and its agents at ® 5 m all reasonable times to inspect and copy any records, invoices and documents in the possession or under the control of the Municipality which. relate to the Funds. The right of inspection under this section includes the right to perform a full or partial audit. 12. Unused Funds Any unused advance Funds remain the property of the Ministry and shall, upon the request of the Ministry, be repaid to the Ministry. 13. Repayment of Funds _ The Municipality shall, at the request of the Ministry, repay to the Ministry the whole or any portion of the Funds if the Municipality: • (i) has knowingly provided any false information relating to this Agreement; (ii) uses Funds for purposes other than those detailed in the Guidelines or in this Agreement; (iii) breaches any of the terms and conditions of this Agreement; (iv) breaches any of the provisions of the Human Rights Code, in administering this program. Where required, the Funds shall be repaid by cheque payable to the Treasurer of Ontario, and mailed to the Finance Branch, Ministry of Citizenship and Culture, 4th Floor, 77 Bloor Street West, Toronto, Ontario M7A 2R9. After 30 days from the MinistryPs request for repayment of Funds the Ministry reserves the right to demand interest on any amount owing by t~ie•Municipality to the Ministry at the then current interest rate charged by the Province of Ontario on accounts receivable. 14. Limitation of Liability, Indemnification and Insurance The Municipality agrees that the Ministry shall not be liable for any incidental, indirect, special or consequential damages, injury or any loss of use, revenue or profit of the municipality arising out of or in any way related to the program. The Municipality agrees that it shall indemnify the Ministry, its employees and agents, against all costs incurred as a result of a claim or proceeding related to the program unless it was caused by the negligence or wilful act of any employee of the Ministry. The Municipality shall maintain comprehensive general liability insurance of at least $1,000,000.00 per occurrence for bodily injury (including personal injury), death, and damage to property including loss of use thereof, and m 6~m automobile liability insurance. If requested by the Ministry, the Municipality shall provide satisfactory proof of such insurance. The Municipality shall provide notice to the Ministry immediately upon change or cancellation of the insurance. 15. Reporting iTpon the request of the Ministry, the Municipality shall report to the Ministry providing such details concerning the operation of ttie program as the Ministry requires. 16. Additional Terms The Ministry shall be entitled to impose such additional terms and conditions governing this program, in its 'sole discretion, as it deems necessary. - 17. Termination This Agreement may be terminated by either party upon two months' notice in writing to the other party.. Any claim for reimbursement made by the Municipality pursuant to section 9 during the term of this Agreement but not fully processed as set forth in this Agreement prior. to the termination of this Agreement shall be fully processed as if this. Agreement were .still in force, provided that such claim is received by the Ministry within two months of the termination of this Agreement. ' The Corporation of the per: of Seal Date Head of Council Date Clerk ' ~,~,°°~~°~~~~ municipa~ Narticipation m "°'"" and Culture Ontario Designated Property Grant Program Date Received (yy/mm/dd) Note: Upon completing this application and executing the attached Designated Property Grant Agreement, a municipality has enrolled in the Designated Property Grant program of Preserving Ontario's Architecture. Please complete two copies of the application and execute two copies of the agreement. Retain one copy of each for municipal records and mail the other copy to: Ministry of Citizenship and Culture Heritage Branch 2nd floor 77 Bloor Street West Toronto, Ontario M7A 2R9 Upon receipt of the application and executed agreement, the Ministry will send additional copies of the program guidelines and forms to the municipality. Municipality Requesting Participation Name of Municipality Name of Municipal Clerk Address Telephone Name of municipal official to be contacted re, grants Postal Code Telephone Local Architectural Conservation Advisory Committee (LACAC) Does the municipality presently have an active LACAC? Date of LACAC formation Name of current LACAC Chairperson No ~ Yes If'Yes', indicate - Administration of Designated Property Grants Indicate the positions of the persons who will inspect completed projects for compliance Yo grant guidelines and conditions. (e.g. municipal building inspector, municipal heritage officer, LACAC members). Person completing this application Name Position Telephone 21-408 (06/87) Indicate all municipal officials who will be responsible for administration of the program.