HomeMy WebLinkAbout83-4
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THE CORPORATION OF THE
TOWN OF NEWCASTLE
BY-LAW No. 83-4
Being a by-law to authorize the borrowing of $38,450.00
for the Newcastle 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:
AND WHEREAS, the Newcastle Business Improvement Areas 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 Newcastle Business Improvement Area Main 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 $38,450.00 loan from the Province of Ontario; and
3. That said loan of $38,450.00 and interest of $3,845.00 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 Newcastle Business Improvement Area tax levy on
its members; and
5. That this by-law come into effect on the date hereof, subject
to the provisions of the Ontario Municipal Board Act, Section
64 (1) R . S .0. 1 980 .
BY-LAW READ a first and second time this
BY-LAW READ a third and final time this
10th
day of
January
, 1 983 .
28th day of February 1983 .
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Ontario
By-law No.
g3:-'{ J
416/965-1907
Form E-l~)
Ontario
Municipal
Board
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Mrs. Kathryn Campbell
Treasurer
Town of Newcastle
40 Temperance St.,
BOWMANVILLE, Ontario
LlC 3A6
Quote File Number
E 830109
L
February 28, 1983
Dear Madam:
Enclosed is documentation as follows:
[~ Board's order dated February 24, 1983
~ Invoice(s) for Board's order
[~ Board's order dated
Validation of By-law
Municipality:
School Board:
Yours truly,
BW;ik
..~1D.
D M.S. Manji
Head of
. Capital Expenditures
Enclosure
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.
180 Dundas SI. West
Toronto, Ontario
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BEFOREa
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Ontario
E 830109
Ontario Municipal Board
IN THE MATTER OF Section 64 of The
ontario Munici~al Board Ac., (R:B;O.
1980, c. 347)
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IN THE MATTER OF an application by
The corporation of the Town of
Newcastle for an order approving.
Ca) the undertaking of a project
under the Main Street
Revitalization Program at
an estimated oost of $38,950.00
and the borrowing of money by
way of temporary advanoes not
exceeding in the aggregate
$38,950.00 pending the
receipt of the monies under
clause (b)
(b) the entering by the applioant
corporation into an agreement
with Her Majesty the Queen in
right of Ontario as represented
by the Minister of Municipal
Affairs and Housing in accordanoe
with the draft agreement filed
with the Board on the 11th
day of February, 1983 and
identified by the Secretary'.
signature for the provision of
a loan of $38,450.00 for the
construction of the said works
repayable over a t.erm of t.en
years without interest by
a levy upon persons assessed
for business assessment
established by By-law No. 81-2
under Section 217(1) of The
Municipal Act, ca.s.o. 1Je',
d. 302f
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A.B. ARRELL, Q.C.
Vice-Chairman
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A.B. BALL
Member
\ By.law NOmK}.::.'f....J
Thursday, the 24th day
of February, 1983
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E 830109
THE BOARD ORDERS t:hat t:his applioation be granted and 'that
'the applioant may prooeed wi'th 'the undertaking of the Main
Street Revi talizat.ioD Program more particularly desoribed in
By-law No. 81-2 and may pass all requisite by-laws inoluding
a by-law au'thoriziDCJ 'the borrowinq of $38,450.00 on loan
over a term not. exceedinq 1:8n years wi'thout interest from
Ber Majesty 'the Queen in riqht of Ontario as represented by
'the Minis'ter of Munioipal Affairs and Bousing for the provinoe
of Ont.ario, provided that. t:he oorporat.ion in exercisinq any
power approved by 1:his or&ar shall comply and conform wi'th
all statutory and other leqa1 requirements related thereto.
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ENTERED
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FEB 2 8 '983
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THIS AGREEMENT made this 9th day of FEtn.sry
BtTWEEN:
, A.D. 1983
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THE MINISTER OF MUNICIPAL AFFAIRS AND HOUSING for the
Province of Ontario
Hereinafter referred to as the "Minister"
OF THE FIRST PART
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THE CORPORATION OF THE TCMN OF NEMCASTLE
Hereinafter referred to as the "Municipality"
OF THE SECOND PART
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THE BOARD OF MANAGEMENT OF THE NEWCASTLE
BUSINESS IMPROVEMENT AREA
Hereinafter referred to as the "Board"
OF THE THIRD PART
WHEREAS under subsection (1) of Section 217 of the Municipal
Act, R.S.O. 1980, the Municipality by by-law No. 81-2
dated January 5. 1981
since approved by the Ontario
Municipal Board, has designated an area within its boundaries
as an improvement area, known as the Village of Newcastle Central Business
Improvement Area, and by by-law No. 81-2
dated January 5.
1982 has established a Board of Management for the area and
entrusted to them, subject to the limitations if any provided
in che 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 cr 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 liB" hereto.
WHEREAS the Municipality has applied to the Minister for a loan
in the capital sum of $ 38.450
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.
. ~aw No.._l~::-1-_1 '
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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 $ 38,450
2. MUNICIPAL DISBURSEMENTS
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
to the Municipality as follows:
a) An initial advance of $25,633.34 comprising 2/3 of the loan
shall be made upon receipt of the Municipality's request;
b) On or before application for the final advance, the
Municipality shall report to the Ministry and provide a
municipally audited statement of expenditure of. the initial
advance supported by clear photocopies of all receipts,
invoices and vouchers, demonstrating that the initial advance
has been expended or irrevocably committed by or at the
direction of the Board;
c) The final a4vance comprising 1/3 of the loan will be made
when the Ministry
(i) has been satisfied that the initial advance has been
appropriately e~pended or irrevocably committed, and
(ii) has received the Municipality's request therefor and
a certified copy of a resolution of the Board that
they will complete the final 1/3 of the project.
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4. MUNICIPAL TRUST ACCOUNT
All advances shall be deposited by the Municipality in a
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
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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 the loan being $ 38,450
together with a surcharge of 10%
thereon being $3,845 totalling S 42,295 . Th~~ ~
shall be effected, by payments of not less than $~~~ $4,229.50
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.
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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
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
The Municipality 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 in 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 agreement for a period of seven (7) years from their elate of
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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.
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.
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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 andlor
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
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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
their 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 MUNICIPAL AFFAIRS AND
HOUSING for the Province of Ontario
THE CORPORATION of the TCW1 of Newcastle
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THE BOARD OF MANAGEMENT OF THE
Newcastle (Central) BUSINESS IMPROVEMENT
AREA
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DESIGNATED STREETS IN B.I.A.
COMMERCIAL USES
PUBLIC 8 INSTITUTIONAL USES
OPEN SPACE USES
TRAFFIC CIRCULATION
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FORMER VILLAGE OF NEWCASTLE
(PART OF THE TOWN OF NEWCASTLE)
MAIN STREET REVITALIZATION
SHEET
GENERAL PLAN
SCALE 1:2000
AUGUST II . 1982
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Sc H<EP~t:. G' (~ I(
1lIE CXlIlrollATION OF 'IllE 1U'/N OF Nh"WCA6"lLE [ ~
BY-LAW 81-2 By./aw No.___~___
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being a by-law to designate an area in the Village of Newcastle
Centrdl Business District as an ImprovaIEnt Area and to establish
a Board of Manat:.raoont for the Villaf,'e of Newcastle Central
Business !aprovaoont Area
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WHEREAS the Municipal Act provides that the Council of a local II1.1D.icipality
nay pass by-laws designating an area as an Inprovaoont Area:
AND WHEREAS ootice of the intention of the CowlCil to pass a by-law designating
the area hereinafter described as an Irrproveoont Area has been given as by
the said Act prescribed and no sufficiently signed petition objecting to the
passing of the by-law bas been received within the t:ine limited therefor:
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toN 'llIJiREFOOE. BE IT ENAC1ED AND IT IS HEREBY ENACJE) as a by-law of the
CoI'pJrat:;.on of the ToNn of Newcastle by the Council theroof as follOtYS:
1. '!be area hereinafter described is designated an Improvaoont Area wi thin the
rreaning Of the Municipal Act. '!be follONing is a description of the area:
King Street fran Baldwin and North Streets on the west,
to and including the properties of J. Anderson-Smi th Co.
and Frank Hoar on the east (just east of Beaver Street) in
the fonoor Village of Newcastle.
2. A Board of Mana.gaoont to be kno.vn as the I 'Board of Manageoont for the Village
of Newcastle Central Business District Improvaoont Area" (hereinafter called
lithe Boaxd")is established for the area designated in paragraph 1.
3. '!bere is entrusted to the Board, subject to the limitations hereinafter
set out, the inprovarent, beautification and IIRintenance of lands, buildinb'S
and structw-es in the area owned by The Col1X>ration of the Tcwm of Nevcastle
beyond such improvaoont. beautification and maintenance as is provided at the
expense of the municipility at large, and the praIDtion of the area as a
business or shopping area.
4. The Board shall consist of seven (7) IWIbers appointed by Council, one ot
whan shall be a narber of Council and the ramining naIbers shall be persons
qualified to be elected narbers of Council assessed for business assesamnt in
respect of land in the area or naninees of col"fOrations so assessed.
5. Each IWIber shall hold office for a period of one (1) year fran the tiJre of
appointment, provided he continues to be qualified as provided in Section 4.
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6. Where a vacancy occurs fran any cause, the Council shall appoint a person
qualified as set out in Section 4 to be a naJber who shall hold office for the
l"€Ilainder of the tenn for which his predecessor was appointed.
7 . '!be narbers shall hold office until their successors are appointed and are
eligible for re-appointroont on the expiration of their tenn of office.
8. '!be Board shall, as soon as possible after its naJbers are appointed in
each year, elect a chaiman and vice-chainnan and appoint a secretary and
treasurer, and such other officers as it may dean necessary properly to conduct
the business of the Board dw-ing the said year.
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By--J..aw 81-2
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9. 'lbe Board shall keep proper minutes and records of every rooeting of the Board
and shall forward t1U) copies of such minutes and records to all oamers of the
l3aard and to the Town Council, as soon as possible after the neeting covered thereby.
10. The Board shall adopt and nnintain only bcu1king arrang600nts and ordinary good
acooWlting practices that are acceptable to the Treasurer of the Corporc1tion and
keep such 00aks of account and subnit sucb stat.e.toonts fran t:i.lw to ti100 as the
said Treasurer OIly ;require.
11. The Corporation's auditors sball be the auditors of the Board and all books,
docuIents, transactions, minutes and acoounts of the Board shall at all tiloos
be open to their inspectioo.
12. 'IOO fiscal year of the Board shall be the calendar year.
13. On or before the 1st day of March in each year, the Ibard shall sul::mi tits aJUlual
rep:>rt for the preceding year to CoWlCil including a <mplete audited and certified
financial stateaent of its affairs wi tb ba1a.nce sheet and revenue and expenditure
stateaent.
14. The Board shall subnit to the CoWlcil, an annual bl.Jdbret in a fonn and at a
tine satisfactory to the 'lbwn Council and within the limits of the estinntes
as approved by Council, the IWney to be provided by Cowlcil sball be paid by the
Treasurer of the Corporation to the Board fI'OOl ti..ne to time upon receipt of
requisitions signed by the 0la.1.nmn thereof.
15. '!be Board shall sul:Jn:it to the Council a detailed program of the inprovaoont,
beautification and rmintenance proposed for each fiscal year with its budget.
The Council shall witbin 45 days notify the Board where any project which foms part
of the program nay adversely affect the use or function of any land a.vned by the
'10m including any higlJ,vay, street, lane or pedestrian walkway, and upon such
notification being given the Board shall delete the project or alter that
project to the satisfaction of the Town.
16. Cowx:il shall not approve any estimates suUni ttOO in an annual budget of the
lk>a.rd in excess of the sun of $25,000.00.
17. 'lbe Board shall deJX>Si t and keep on de}X)Si t with the Treasurer, insurance
p:>licies satisfactory in all respects to the said Official, inde.nnifying the
Corp:>ration against public liability and property daImge in respect of the
activities of the Board.
18. '!his by-law shall not care into force witlvut the approval of the <Altario
Uunicipal Board.
By-Law fWd a first and second t:iJre th;ts 5th day of January 1981.
By-Law read a thircl tilm and finally passed this 5th day of January 1981.
Gamet B. Rickard /k ~_. .L/
Mayor
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Cler
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