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HomeMy WebLinkAbout81-2 .... .:... ~-, .. ..J.. . ..z. ~.. .- .'" " "It . '.:" *" -,.p . -..,: j .. ~ . . AMENDED BY q~ - 04 2.... BY.LAW #............~ BY-LAW 81-2 :~.::~.f:t:t~,j being a by-law to designate an area in the Village of Newcastle Central Business District as an Improvaoont Area and to establish a Board of Managanent for the Village of Newcastle Central Business Improvement Area '!HE OORPORATION OF '!HE TOVN OF NEWCASTLE WHEREAS the Municipal Act provides that the Council of a local municipality may pass by-laws designating an area as an Improvaoont Area: AND WHEREAS notice of the intention of the Council to pass a by-law designating the area hereinafter described as an Improvanent 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 received within the tine limited therefor: NOW 'IlIER.'EFam, BE IT ENACTED AND IT IS HEREBY ENACTED as a by-law of the Corporation of the Town of Newcastle by the Council thereof as follows: 1. The area hereinafter described is designated an Improvement Area within the reaning of the Municipal Act. The following is a description of the area: King Street from 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 fon:ner Village of Newcastle. 2. A Board of Managanent to be known as the I 'Board of Managaoont for the Village of Newcastle Central Business District Improvaoont Area" (hereinafter called "the Board ")is established for the area designated in paragraph 1. 3. There is entrusted to the Board, subject to the limitations hereinafter set out, the inprovanent, beautification and maintenance of lands, buildings and structures in the area owned by '!he Corporation of the Town of Newcastle beyond such inprovanent, beautification and maintenance as is provided at the expense of the municipality at large, and the prrnotion of the area as a business or shopping area. 4. The Board shall consist of seven (7) maIbers appointed by Council, one Qf whOOl shall be a IOOIIi>er of Council and the remaining mertlers shall be persons qualified to be elected roonbers of Council assessed for business assessoont in respect of land in the area or naninees of corporations so assessed. 5. Each meni:>er shall hold office for a period of one (1) year from the tine of aplX>intment, provided he continues to be qualified as provided in Section 4. 6. Where a vacancy occurs from any cause, the Council shall aplX>int a person qualified as set out in Section 4 to be a member who shall hold office for the remainder of the tenn for which his predecessor was aplX>inted. 7. The members shall hold office until their successors are appointed and are eligible for re-appointIrent on the expiration of their tenn of office. 8. The Board shall, as soon as possible after its rrembers are appointed in each year, elect a chairmm and vice-chairman and appoint a secretary and treasurer, and such other officers as it may deem necessary properly to conduct the business of the Board during the said year. I file NO._m.-35.,..t.(Ln'lm_m~ 1.... " '. . . .,,~- ~~. · ' . By-Law 81-2 . '. .:. -2- . 9. '!be Board shall keep proper minutes and records of every rooeting of the Board . and shall forward true copies of such minutes and records to all Il8Ibers of the Board and to the Town Council, as soon as possible after the neeting covered thereby. 10. 'Ibe Board shall adopt and maintain only banking arrangarents and ordinary good accounting practices that are acceptable to the Treasurer of the Corporation and keep such books of account and subni t such statanents fran ti.ne to ti.ne as the said Treasurer my require. 11. '!be Corporation's auditors shall be the auditors of the Board and all books, doc\.lJents, transactions, minutes and accounts of the Board shall at all t:Uoos be open to their inspection. 12. '!be fiscal year of the Board shall be the calendar year. 13. On or before the 1st day of March in each year, the Board shall subni tits annual report for the preceding year to Council including a conplete audited' and certified financial statenent of its affairs with balance sheet and revenue and expenditure statement. 14. '!be Board shall submit to the Council, an annual budget in a fonn and at a ti.ne satisfactory to the Town Council and within the limits of the estiImtes as approved by Council, the nnney to be provided by Council shall be paid by the Treasurer of the Corporation to the Board fran ti.ne to time upon receipt of requisitions signed by the Chai:rrmn thereof. 15. '!be Board shall subni t to the Council a detailed program of the improvement, beautification and rmintenance proposed for each fiscal year with its budget. '!be Council shall wi thin 45 days notify the Board where any project which fOIm3 part of the program my adversely affect the use or function of any land o.vned by the To.vn including any highway, 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. Council shall not approve any estimates submitted in an annual budget of the Board in excess of the stJD of $25,000.00. 17. '!be Board shall deposit and keep on deposit with the Treasurer, insurance policies satisfactory in all respects to the said Official, indannifying the Corporation against public liability and property damage in respect of the activities of the Board. 18., 'Ibis by-law shall not care into force without the approval of the Ontario Municipal Board. By-Law read a first and second ti.ne this 5th day of January 1981. By-Law read a third time and finally passed this 5th day of January 1981. Garnet B. Rickard <~ ~~ ~/ Mayor Jose Clerk --==-~. . ~~ . . . . , . ". et. .... .' .. '('. ~, ~.~ .ltj "mm" Ontario Ontario Municipal Board 416/965-1908 " 180 Dundas St. West Toronto, Ontario M5G 1 E5 Quote File Number M 8134 February 6th, 1981 e Mr. Joseph M. McIlroy Clerk, To'WIl of' Newcastle 40 Temperance Street BOWMANVILLE, Ontario LIC 3A6. Dear Sir: Re: By-law 81-2, Designation of' the Village of' Newcastle Central Business Improvement Area e I have been directed to advise you that since the enactment of' Bill 46 to amend The Municipal Act, it would not appear that the Board's approval is required when no objection has been filed after circulation of notice of application under Section 361 of the Act. (~~rq , 'Cl,/a! This file, therefore, has been closed. .Yours truly, (~,) ~CA- ~~kt r-