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HomeMy WebLinkAbout83-4 .' " 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 . :;;7 ~~~ Mayor r' " ' I j( A (.1 " .-A...,.....L->--c:>.. l. fL. i10~~:,'~1D-'m__~=.~~.:~.1 - ... I "" ,1 m ~-,. Ontario By-law No. g3:-'{ J 416/965-1907 Form E-l~) Ontario Municipal Board I 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 M5G 1E5 . ~ -'" BEFOREa ~ ~ '11III_" 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) - and - 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 ) ) ) ] ) ] ) A.B. ARRELL, Q.C. Vice-Chairman - and - A.B. BALL Member \ By.law NOmK}.::.'f....J Thursday, the 24th day of February, 1983 . . .. · -.#41~ ,# "I .. - 2 - 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. t ,/\ \ L-~ .........-r.- --., .. t .. -\... - -4~~~I~c~\j~\ rSECRE'l'ARY ENTERED , ft; C7' -?-:1" - ~.. cO ...... U .' ,......,..... ....... \..... .. "'.' Fulio No. ..~.(:f.........,,~........ FEB 2 8 '983 ~~ I ~?It ) .",.,. "'>[l~'~ (lNL fnU[jICIPA~ t.:~R~ '.~. I... ........" ... ~ ~<^ , .. THIS AGREEMENT made this 9th day of FEtn.sry BtTWEEN: , A.D. 1983 # ~ f .. t: . . . 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 TCMN OF NEMCASTLE 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 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 ' r ,} t :;~l" .. , ... z - 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. - - 3 - . . 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 I 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. 'If - 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 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 .... - 5 - . .' ., 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. I -t:'" ;r',J<.o7 ..........'.Olf...-..-,,.,........ ,.J'.. ~,_,,,,4 ,.r7~:\..:.,-".. ~"~~'JIII~:.,~.-~tIi"if'I':-:''''-~~..,.~;. '.'.', - . -"~~':;":;;i~~~~~:~J:':~r,,,..-_,~ - 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 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 I 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 ~ /Z--L - / MayO~ 7 ~ Clerk .1..... " A*._ > .. . ,..'/ ..'\I.'...~ 'I; ,"'j' 0\ ~i',:~.","'<I'J,., .~.~;- ~~~~ .--_.~ .:;.:.:.:_~~:.~. ~:'; .; .. , . .. . . ~ THE BOARD OF MANAGEMENT OF THE Newcastle (Central) BUSINESS IMPROVEMENT AREA I.RJ 11-~ ~ .--- .. Chairman ~ t1lA'A ~~c:2 Secretary I DO 0 0 Do C:J 0 D 0 D 0 [J 00 c c 0 0 0 ~ I- LIJ CJ LIJ a: CJD I- 1:;] VI I- 0 lJ 0 0 -0 KING STREET .. ,. I- LIJ LIJ ~ a: t:J z 0[7 ~ o ~ :r 1] u 0 a: 0 0 DD ;:) 9J 000 ~[J :I: 00 CD u D ( 1 r EMILY STREET 1 CJ 1 r :;'~,\~~ ~~'. ':\~~'!,;: ~ CJ l.) C, [:, ...-\,.:'...... "') ':' ~ - *' ~<';;)t'l",.*(... ,;..: ~). r~ ':' ...,':J ....,~. ...c>.......~_I."..~.t '.' .; c'; (. l t.,.....1 ~ II ~ "'t.J"':,:~,.;;:l..inl. (: ~~ "':c. ".-..' (." Jt' ['., ~,:c.;~~~~ ~L);,": ",,':~' 4) tit' \r..) .:;'J -.. l: .:) t~. :- f \"'J' ...":Y. \..,~... ":'i' l (. )...\..:' (;. ........':" .' (. 'J : t) .. ~~ ~~., (~ : ~.'"j ~ If. ,lJ~ ~"."'(>',-."...'j . 'C'~....; _ ' W ~;: . () ........., ,.'...' I.::" ~ . :' . \): (oj;. t..,fj ~.t.J..: .l":"':\.~c.".'"'' .."tJ" ~.,....., ............. . . . . . . . . . . . . . ............. :....:::::;:: D~ o ~D HWY, 2 ~DGJ L? ~D~D 80 ODD [J o o a ~ I- o ~ ~Jiii0i.;t)5i';]')f mmoo t.. , .... , '1 ............ ...-........ .........0' ~ " .,~, -J '0 ""l': c..- . . , 1S- DESIGNATED STREETS IN B.I.A. COMMERCIAL USES PUBLIC 8 INSTITUTIONAL USES OPEN SPACE USES TRAFFIC CIRCULATION <~ "/1 U $CHcPGI(C 1'1 FORMER VILLAGE OF NEWCASTLE (PART OF THE TOWN OF NEWCASTLE) MAIN STREET REVITALIZATION SHEET GENERAL PLAN SCALE 1:2000 AUGUST II . 1982 , . Sc H<EP~t:. G' (~ I( 1lIE CXlIlrollATION OF 'IllE 1U'/N OF Nh"WCA6"lLE [ ~ BY-LAW 81-2 By./aw No.___~___ -.- .....----------.. 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 .. . .... '- 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: ~ 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. ~ 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. .. . I -- '-' ~ f ~ ^ :. By--J..aw 81-2 -2- 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 ~rM. Cler McIlro(}-r --:-2