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HomeMy WebLinkAbout83-3 ",,- ., tr< THE CORPORATION OF THE TOWN OF NEWCASTLE '. ... BY-LAW No. 83-3 Being a by-law to authorize the borrowing of $150,000.00 for the Bowmanville Business Improvement Area Main Street Revitalization Program. WHEREAS, Section 123 of the Ontario Municipal Act R.S.O. 1980, provides that by-laws may be passed to allow for borrowings on behalf of any board or body for which the Corporation is required by law to provide: WHEREAS, the Bowmanville Business Improvement Area has received conditional approval of the application to the Ontario Ministry of Municipal Affairs and Housing, Community Renewal Branch for a Main Street Revitalization Program: NOW THEREFORE, the Council of the Corporation of the Town of Newcastle, pursuant to Section 123 of the Ontario Municipal Act, R.S.O. 1980, ENACTS AS FOLLOWS:- 1. That the Bowmanvi 11 e Busi ness Improvement Area Mai n Street Revitalization Program proceed as set out in the application to the Ministry of Municipal Affairs and Housing, Community Renewal Branch; and 2. That the estimated costs of the development be financed through a $150,000.00 loan from the Province of Ontario; and 3. That said loan of $150,000.00 and interest of $15,000.00 be repaid in equal installments over a 10 year period commencing in 1984; and 4. That the funds to repay the loan and interest be raised through the annual Bowmanville Business Improvement Area tax levy on its members; and 5. That this by-law shall come into effect on the date hereof, subject to the provisions of the Ontario Municipal Board Act, Section 64 (1) R.S.O. 1980; and 6. That By-law 82-190 be repealed. BY-LAW READ a first and second time this 10th BY-LAW READ a third and final time this 28th day of day of January , 1 983 . February 1983. ~~~? Mayor g :/ L ~{,J~~ Cl erk 5. (,0. g ) 35. (Po. 9 Fi Ie No. ___m____~_~_:___~._:.lQ.__....._.n._..__ / . , By.law - }l . 'l . ~~,~ t No. .......-....-..---......-..- lJ d\ ~. ~ .. ,- >. ( ~ r~..' .' Form E-15 Ontario Municipal Board fMrs. Kathryn Campbell Treasurer Town of Newcastle 40 Temperance St. BOWMANVILLE, Ontario L1C 3A6 L 416{965-l907 180 Dundas 51. West Toronto, Ontario M5G 1 E5 Quote File Number E 830108 February 22, 1983 Dear Mrs. Campbell: Enclosed is documentation as follows: lliJ Board's order dated February 18, 1983 ~ Invoice(s) for Board's order o Board's order dated Validation of By-law Municipality: School Board: Yours truly, ~ BW: 1 w Enclosure 1)l\ M. S. Man j i . Head of Capital Expenditures NB If you are going to apply for the validation of a debenture by-law for the issuance of debentures for this undertaking, it is suggested that a draft by-law be submitted to the Board by you for consideration prior to its enactment. . . ~ ( . ....~ f " .. . [t!-k ,I \ ~~ 1J1, ImIlllla. ...mll:IlImI ~1DllIIII" Ontario E 830108 Ontario Municipal Board IN THE MATTER OF Section 64 of The Ontario Munioi1al Board Act, (R.S.O. 1980, c. 3 7) - and - IN THE MATTER OF an application by The Corporation of the Town of Newcastle for an order approving: (a) the undertaking of a project under the Main Street Revit.alization Program at an est.imated cost of $330,820.00 and the borrowing of money by way of temporary advances not exceeding in the aggregate $330,820.00 pending the receipt of the monies under clause (b) (b) the entering by the applioant corporation into an aqreement wi th Her Majesty the Queen in right of Ontario as represented by the Minister of Munioipal Affairs and Rousing in accordanoe with t.he draft. aqreement filed wi th the Board on the 11th day of February, 1983, and identified by the Secretary's aiqnature for the provision of a loan of $150,000.00 for the construction of the said work. repayable over a term of ten year. by a levy upon persons a.....ed for busine.. asse.sment established by By-law No. 77-33 a8 amended by By-law No. aO-54 under Section 217(1) of The Municipal Aot, R.S.O. 1980 c. 302 BEFORE: - and - ) ) ) ) ) ) ) Friday, the 18th day of February, 1983 A.B. ARRELL, Q.C. Vice-Chairman D. S. COLBOURNE Viae-Chairman THE BOARD ORDERS that this applioation be granted and that the applicant may proceed with the undertaking of the Main Street Revitalization Program more particularly described in By-law No. 77-33 a. amended by By-law No. 80-54 and may pas. all requisite by-lawa includinq a by-law authorizinq the borrowinq of $150,000.00 I By.law NO.n...~..J...::-.J._.._1 .. ,~ , " . i .' - .,. - 2 - E 830108 on lOaD over a 'term noi: exceeding 'ten years from Ber MajeSi:y the Queen in righi: of Oni:arlo as represen'ted by 1:he Ministar of Municipal Affairs and Housing for 'the Province of On1:ario. \ -- r" ~------.... 'I . ..,.- 1 r .___-- ---- -:r-- \_... { /'),f' "-'\ ~ 1J"-~"~:--- I \,;. ....~~'\--',~~ ....~..;._-:"? SECRETARY ,. ,,-==,,="1:.... ,. -', p. .-.-- 4, .,~.c===c::;,. EN:~f;toJ ~ 0, a. N3~ ,,~.-;,. . . . . . . fetio No..~ 1, . , . , , . . . FEB 2 4 1~33 ~~ (:/~ '7J!{r!.- SEe:iET ~::lv. O~.T API') MUNI~IP,\L BOAR') -.0.-1:'. - --_.,- -~.-~. 'iff ., THIS AGREEMENT made this 9th . <i.C\Y _of February , A.D. 198 83 BETWEEN: .. t . .f J' .' .At THE MINISTER OF MUNICIPAL AFFAIRS AND HOUSING for the Province of Ontario Hereinafter referred to as the "Minister" OF THE FIRST PART - and - THE CORPORATION OF THE TOWN OF NEWCASTLE Hereinafter referred to as the "Municipality" OF THE SECOND PART - and - THE BOARD OF MANAGEMENT OF THE NEWCASTlE BUSINESS IMPROVEMENT AREA Hereinafter referred to as the "Board" OF THE THIRD PART e WHEREAS under subsection (1) of Section 217 of the Municipal ) Act, R.S.O. 1980, the Municipality by by-law No. 77-33 dated May 16, 1977 and By-law No. 80-54 dated lVIay 5, 1980 since approved by the Ontario Municipal Board, has designated an area within its boundaries as an improvement area, known as the Bownanville Central Business Improvement Area, and by by-law No. 77-33 dated lVIay 16, 1977 as ~d has established a Board of Management for the area and entrusted to them, subject to the limitations if any provided e' in the by-law, the improvement, beautification and maintenance of municipally owned real property in the area, beyond such as is provided at the expense of the Municipality at large and further has entrusted to the Board the promotion of the area as a business or shopping area, the said area being outlined in red on the plan which is attached as Schedule "A" hereto and copies of the said by-law being attached as Schedule "B" hereto. WHEREAS the Municipality has applied to the Minister for a loan in the capital sum of $ 150,000 for a maximun period of ten years for the improvement and beautification of municipally owned real property and the acquisition and development of municipal parking facilities under paragraph 55 of Section 208 of the Municipal Act, R.S.O. 1980, and the Minister has agreed to make such loan subject to the terms and conditions set forth in the within agreement pursuant to subsection (34) of said section 217 and the policies of the Ministry. [By:;~ No._~~~~~~_____1 - - 2 - NOW THEREFORE THIS AGREEMENT WITNESSES that in consideration .- .. of the premises and the mutual terms and conditions hereinafter set forth, the parties hereto agree each with the oth~r as follows: 1. LOAN The Minister agrees to loan to the Municipality the capital sum of $ 150,000 2. MUNICIPAL DISBURSEMENTS e' The Municipality shall disburse the funds to or at the direction of the Board in accordance with the provisions of Section 2170f the Municipal Act, R.S.O. 1980, to enable implementation of the plan which has been submitted to and approved by the Munici- pality and the Minister. 3. MINISTRY ADVANCES The Ministry of Municipal Affairs and Housing (hereinafter referred to as the "Ministry") shall advance the loan monies c) The final advance comprising 1/3 of the loan will be made when the Ministry (1) has been satisfied that the initial advance has been appropriately expended or irrevocably committed, and (ii) has received the Municipality's request therefor a~d a certified copy of a resolution of the Board that they will complete the final 1/3 of the project. - " e e - 3 - 4. MUNICIPAL TRUST ACCOUNT All advances shall be deposited by the Municipality in a . 'II separate interest bearing trust account in the name of the Municipality and the interest which accrues thereon from time to time shall be credited as part of the loan advances to the Municipality. 5. EXCESS FUNDS If the capital advances from the Minister together with the accrued interest thereon exceed in total the capital sum agreed to be loaned the excess shall be remitted to the Ministry as soon as possible in the first instance and monthly thereafter or at longer intervals if the Ministry gives its written agreement thereto. 6. COMPLETION DATE OF PROJECT The Municipality agrees to complete the approved project by the 7th day of February 1984, (herein to be known as the "completion date"). 7. REPAYMENT The Municipality shall repay to the Ministry the capital amount of t,'he loan being $150,000 together with a surcharge of 10% thereon being $ 15,000 totalling $1.65,000 The repayment shall be effected, by payments of net less than $ 16,500 annually over the period of ten years, commencing thirty (30) days after the first business tax collection date following the completion date. Each payment from the Municipality to the Ministry shall be accompanied by a statement signed by the municipal auditor summarizing the financial status of the loan to and including the aforesaid payment, showing (a) the principal amount to be repaid, inclusive of the 10% surcharge~ (b) the date and amount of each payment to the Minister; (c) the balance owing after each payment. I i~. - _ ~.. _.._._.... ..__~........_............~".~_.;r..l'- "~~",c.'">:.,!""",T;;"~-''':'~'~''DTlI:T.'':'''',~~''::",,.,,. -,~'T ..Ii> .".""."":.~,~' ~ . W\~ ..... , :"it....y - 4 - ~ ..'. 8. UNEXPENDED FUNDS Unless the Ministry gives written consent to a time extension any portion of the funds not expended by or on behalf of the Board within the time set forth in the project plan or in this agreement shall be repaid to the Ministry whereupon the capital amount of the loan and the amounts to be repaid shall be proportionately reduced. 9. LIMITS OF EXPENDITURE Without the consent of the Minster, unless the Municipality effectively assumes the additional cost, the expenditure by or on behalf of the Board of Management of the improvement area shall not be approved or authorized by the Municipality in excess e J of the estimated costs set forth in the plan which has been approved by the Minister. 10. MECHANICS' LIENS The Municipality shall take reasonable steps to ensure that the provisions of The Mechanics' Lien Act are observed when the proceeds of this loan are being paid out for work or services. 11. AUDITS e The ~unicipality shall provide access for duly authorized representatives of the Minister to such records and accounts of the Board and the Municipality as are relevant to anything done under or relating to this agreement or the application of the , proceeds of the loan. 12. TENDERING The Municipality agrees that any contracts entered into for the provision of materials, work or services which will be paid for in whole or ~n part out of the monies loaned under this agreement shall be let by public tender unless the Minister in writing waives this requirement. 13. PROGRAM GUIDE The Municipality agrees to adhere to the procedures of the Ontario Main Street Revitalization Program - Program Guide and agrees to do all such things as explained in the Program Guide, including, without limiting the generality of the fore- going, the preservation and provision of data, vouchers, records and accounts that relate to the work and services provided under this agrecmc.nt. for a period of seven (7) years from their date of ..-..,.. . - 5 - ""\0 .._ It 14. COPYRIGHTS The Minister and the Ministry or either of them, without charge from the Municipality, the Board or any third party, may print, publish or otherwise reproduce in whole or in part any report, plan, document or other material prepared for the project, and may distribute any of the same to any person, persons, corporations, firms or associations, or otherwise use same in any manner which either of them may, in his or their absolute discretion, determine and the Municipality in its dealings with the Board shall ensure that the Minister and the Ministry shall have such unfettered rights of publication and use by reserving such rights on their behalf in all contracts and other relevant documents. e 15. RESALE OF PARKING FACILITIES If any of the proceeds of the loan provided for in this agreement are used for the acquisition or development of municipal parking facilities and those facilities are sold at any time within 10 years from the date of this agreement then the Municipality shall pay to the Minister a sum which is in the same proportion to the selling price as that portion of the within loan which is used for acquisition and development of the parking facilities is to the capital cost of those facilities. 16. SIGN Upon execution of this agreement the Ministry may cause to be erected at such location in the improvement area as the Ministry choses a sign in such form as the Ministry may require describing the project and setting forth the Ministry's role in relation thereto, which sign shall remain in such location until six (6) months after completion of the project. 17. INDEMNITY The Municipality at all times shall indemnify and save harmless the Minister and the Ministry from any claim or suit which may arise as a result of any project being undertaken pursuant to this agreement or the publication or other use of material pursuant to clause 14. -... \, ," .... tit J e - 6 - 17. BOARD APPROVAL The Board hereby approves the provisions of the within agreement and hereby agrees in principle to the special levies herein referred to insofar as they relate to repayment of the loan provided for herein from the Minister to the Municipality. 18. APPROVALS The obligations of each of the parties under this agreement are conditional upon the Municipality obtaining all requisite approvals and consents from the Ontario Municipal Board and/or the Minister of Municipal Affairs and Housing. 19. EXCLUSION OF COLLATERAL AGREEMENTS AND INDUCEMENTS All of the terms and conditions of this agreement between the parties hereto are stated herein and no representations or inducements have been made to the Municipality and to the Board by or on behalf of the Minister other than those herein set forth. 20. HEADINGS Paragraph headings are for ease of reference only and do not form part of this agreement. IN WITNESS WHEREOF the parties hereto have hereunto affixed thetr corporate seals attested by the signatures of their proper signing officers in that behalf, all as of the day and year first above written. THE MINISTER OF HOUSING for the FAIRS AND Ontario -" ~~--< Mayor .~ , ,;..n~~~l~l ~,,"[,:;,~,;~:]L:'~.'~J\~r::!!~~~~llJWlJ~ , ''t. ~ ,- ~.. i ! If ' e J e . - . ~~ Ji)w ~ THE BOARD OF MANAGEMENT OF THE Bownanville Central BUSINESS IMPROVEMENT AREA ~ ~- ~.~ Secretary . o !l ~~I .. ~~~;~~~::~~~;;:~F fI\\\\\\\\%%\\\\t\\\t <.tj "';, U' . .c..~1 t) t..>.. .,.., '") ( .~~ I". *" r) ow r . .. .1<)..-., ". d. # ,.. <J U'c G-Q Q ~ 00 ---- -- o o o 0 0 I 0: 00 LJ[JO <> - DESIGNATED STREETS IN B.I.A. RETAIL COMMERCIAL USES PUBLIC a INSTITUTIONAL USES EXISTING PARKING AREAS OPEN SPACE USES TRAFFIC CIRCULATION .... ....... PEDESTRIAN CIRCULATION D ) </0\> ~ ~ -~\ ~~ ~ ~ ^ otf "< ~ xx.. ~ r-.~S\o~ '0\(':>. lI'"~ ;y ~i-~ . OSS\'O\..~ D \~? \ \ \ \ 10 l CD @ @ @ @ , , ~ D ./ \.. QDP r ~DD~ ~~~/ =, :-~.~ ~~~~~~~: ..... /", \- /-\-".- /1 i: 1/;' "',- ... / - \/' \ -' -', -,1,,/_/ ,-:,: ~ I ;-//\~-;~ \ /" , , ~: /-1_: ....... 13'IT WIT . . . . 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" ,. 0 [? 0 nO 0 (j o as 0 [] - C1 o d oCJ lj CJo ~ - STREET [J[ju o 0 0 OOOnDOO [f u D D I ..- . . . o-q I . o CJ ~ I . .-- o (] ~o J ,...J DO a c::J o ~o LJ 0[: / o cJoO[ o Do o c:::1 D o CJ /QOCb c: o o [) D ~ocf c vO 0:;0 <::) c::::; o (f/) ~ c tI Ej) f.,(). t.:: /f f' By,law No,,_,~_:3.c'~"" /~ f7~ FORMER TOWN OF BOWMANVILLE NOW PART OF THE TOWN OF NEWCASTLE 1 ? MAl N STREET REVITALIZATION PROPOSED PARKING PLAN 1 ~.~ DATE JULY 17,J982 50 100 l I 200 ft. I SHEET N2 1 OF 4 of. , ~ e ~ ~ e ~ ~ .# . \ _r 11 I S"'c ~~ e., <...$' Z3 I THE CORPORA nON OF THE TOH1! OF NE\~CASTLE N % ~"-3 o. ~____._..___......_... ....____a:. ~ 1 . . By-law BY-LAW NO. 77-33 . being a by-law to designate an area in the Bowmanville Central Business District as an Improvement Area and to establish a Board of Hanagement for the 1I0wmanville Central Business Improvement Area. WHEREAS the ~lunicipal Act provides that the Council of a local municipality may pass by-laws designating an area as an Improvement Area: AND WHEREAS notice of the int~ntion of th~ Council to pass a by-law dei1unating the area hereinafter described as an Improvement Area has been given as by the said Act prescribed and no sufficiently signed petition objecting to the passing of the by-law has been receiv~d within the time limited therefor: NOl-l THEREFORE. BE IT ENACTED AND IT IS HEREBY ENACTED as a by-law of the Corporation of the Town of Newcastle by the Council thereof a~ follows: 1. The area hereinafter described is designated an Improvement Area within the mean1~g of the Municipal Act. TI1e following is a description of the area: CO~~tENCING at the intersection of King Street West and Scugog Street BowmanvU Ie. THENCE Easterly along King Street West and King Street East to the intersection of King Street East and George Street. 2. A Board of ttanagement to be known as the "Board of Hanagement for the Bowmanville Central Business District Improvement Arealt (hereinafte: called lithe Boardll) is established for the area designated in paragraph 1. 3. Th~n: is entrusted to the board, subject to the limitations hereinafter set out, the improvement, beautification and maintenance of lands, buildings and structures in the area owned by The Corporation of the Town of Newcastle beyond such improvement, beautification and m~aintenance as is prov ded at the expense of the municipality at large, and the promotion of the area as a business or shopping area. 4. The Board shall consist of sevell (7) melllbl~rs appointed by Council, one of whom shall be a member of Council and the remaining members shall be persons qualified to be elected members of Council assessed for business assessment in respect of land 1n the area or nominees of corporations so assessed. 5. Each member shall hold office for a period of one (1) year from the time of appointment. provided he continues to be qualified as provided in Section 4. 6. Where a vacancy occurs from any cause. the Council shall appoint a person qualified as set out in Section 4 to ac a member who shall hold office for the remainder of the term for which his predecessor was appointed. ~.': By-law No. 11-33 - 2 - ...'" . 1~ The m~mbets shall hold office until th~ir succ~ssors are appoint~d and are eligible for ru-appointment on the expiration of their tt;:rm of office. 8. TIle Board shall, as soon as possibl~ after its members are appointed in each year) tllect a chairman and vice-chairman and a\:>point a secrtltary and treasurer) and such oth~r officers as it may d~c~ necessary properly to conduct the business of the Board during the said year. 9. The Board shall keep proptlr minutes and r~corda of every nwetihg of the Board and shall forward true copies of such minutes and recordti to all m~l~crs of the Board and to the Town Council) as soon aJ possible after the meeting covered thereby. 10. nle Board shall adopt and maintain only banking arrangcu~nts and ordinary good accounting practic~6 that arc acceptable to the Treasurer of the Corporation and keep such books of account and submit such statements from time to time as the said Treasurer may require. 11. 1be Corporation's Auditors shall be th~ auditors of the Board and all books, documents, transactions) minutes and accounts of the Board shall at all times 4It. be open to their inspection. 12. The fiscal year of the Board shall be the calendar year. 13. On or befor~ the 1st day of ~~rch in each y~ar) the Board shall submit its ~ annual report for th~ preceding year to Council including a complete audited and ~ certified financial statement of its affairs \lith balance sheet and revenue and expenditure stat~m~nt. 14. nle Board shall suboat to the Council) an annual budget in a form and at a time satisfactory to the TO~Tn Council and within the limits of the estimates as approved by Council, the oloney to be provided by Council shall be paid by the Treasurer of the Corporation to the Board from time to tim~ upon receipt of requisitions signed by the Chdirman thereof. e 15. nle Board shall 8ubmit to the Council a d~tailed programMe of the improvement beautification and maintenance proposed for each fiscal year with its budget. The Council shall within 45 days notify the Iloard where any project which forms part of the programme may adversely affect the use or function of any land owned by the Town including any highway, street) lane or pedestrian walkway, and upon such notification btling given the Board shall deltltc the project or alter that project to the satisfaction of the Town. 16. Council shall not approve any estimates submitted in an annual budget of the Board in excess of the sum of $25)000.00. '-'" ~ . '. . . . '. . . ~ .-' .....,~ ; ~. '.Vl . .. e ~ e /' ~ .'-' - 3 - By-law No.7 7-33 17. Th~ Board shall deposit and ke~~ on deposit with the Treasurer, insurance polici~s satisfacLory in all respects to tr.~ said Official. indenmifying the CorporatiOn against public liability and Property damage in respect of the activiti~s of the foard. lB. This by-law shall not come into force without the approval of the Ontario Ltunicipal ~oard. BY-LAtl READ A FIRST Tli1l: this 16th d .y of May 1977 BY-LAL! READ A SECOND rUlE this 16th day of Hay 1977 llY-LAW READ A THIRD TIm: AND FIi'IALLY PASSED tlds .(. .c;:. day of hi hI ~_ 1977 G. 13. Hayor SEAL J. Clerk iliCkard~~ ..- ) -/'/ ,~ .' (' l ..-. ~/