HomeMy WebLinkAbout79-11
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THE CORPORATION OF THE TOWN OF NEWCASTLE
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BY-LAW NO. 79-11
Being a by-law to authorize the execution
of an agreement with the Minister of
Housing for the Province of Ontario
respecting the sharing of the annual
operating cost of a non-profit housing
rent supplement programme.
Passed the 12th day of February, 1979.
WHEREAS the Council of the Corporation of the Town of Newcastle deems it
to be in the public interest to share with the Province of Ontario in the
costs of providing rent supplement assistance to non-profit rental or
co-operative housing projects situate within the municipality in order to
reduce the rents or housing charges which are payable by individuals and
families of low or moderate income resident therein.
4It NOW THEREFORE the Corporation of the Town of Newcastle by the Council thereof
enacts as follows:-
(1) THAT the Mayor and Clerk be and they are hereby authorized
and directed to execute on behalf of the Corporation and
to seal with the seal thereof, the agreement with the Minister
of Housing for the Province of Ontario which is hereto
annexed, whereby the Corporation undertakes to pay annually
to the Minister a sum equal to 7~% of the operating expenses
incurred by the Minister with respect to the non-profit
housing rent supplement accommodation within the municipality
listed in the schedule to the said agreement and such further
accommodation as will be added thereto in the future, as set
out in said agreement.
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I CERTIFY the foregoing is a true
copy of By-Law Number 79-11 of the
Corporation of the Town of
Newcastle which was passed through
all three readings of Council
thereof at its meeting held the
12th day of Februa y, 1979. _
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G.B. Rickard
Mayor
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J .M. McIlroy
Town Clerk
Town Clerk
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COMMUNITY SPONSORED HOUSING PROGRAM -
Municipal Subsidy Agreement
THIS AGREEMENT made in duplicate the /5"" k<Y
day of
f~
, A.D. 197 r
BET WEE N:
THE HONOURABLE CLAUDE F. BENNETT
Minister of Housing for the Province of
Ontario
(hereinafter called "the Minister")
OF THE FIRST PART
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.cam:U~iif~0~~ ~~ .."U ~ Q~~~d 0I f\JH'iGASTLE
(hereinafter called "the Municipality")
OF THE SEeOND PART
WHEREAS pursuant to Section 17 (1) (a) of the
Housing Development Act as amended, the Municipality may,
with the approval of the Minister, enter into an agree-
ment with a governmental authority for sharing or
contributing to the maintenance cost of a housing project;
.:1n(l
WHEREAS the Minister has instituted a Community
Sponsored Housing Program designed to assist individuals
. and families of low or moderate income to obtain private
non"- pro fit ren tal or co-opera ti ve hous ing acconunoda tion
within the Municipality at rents or charges which
drc gcaled to their incomes, whereby the Minister will pay
to a ndn-profit housing corporation furnishing such
accumtTlodatioi1 the difference betweel! the rents or.
::~:!fgE:S s6aled to income and the usual full recovery rents
'sif !~ ;:8i~es for the accomrnoda ticn i and
WHEREAS in consideration of the assistance
given to such persons,
the Municipality has agreed with
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the Minister to bear a portion of the annual operating
expenses pertaininq to such program for non-profit housing
projects situated within the Municipality; and
WHEREAS the Municipal i ty has on the "-;-,..,16. L- r- TII
f ,5;,f !l. " p4 It. i ' A . D . 1 9 7 f, pas sed By - La w No. 7 9 - ( I
day of
authorizing the entering into of this Agreement.
NOW THeREFORE THIS AGREEMEN'r WITNESSETH THAT
in
consideration of the premises and the mutual understandings
hereinafter set forth, the parties hereto on behalf of
themselves and their respective successors and assigns
h8reby covenant and agree as follows:
1.
In this Agreement:
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( i )
"owner" shall mean the non-profit corporation
which owns the building wherein certain housing
units are being provided at less than full
recovery rents, or charges to individuals or
families of low or moderate income;
(ii) "individual or family of low or moderate income"
shall mean an inJividual or family that receives
a total income that in the oplnion of the Minister
is insufficient to permit the individual or
family to rent or obtain housing accommodation
adequate for its needs at the current
prevailing rental or co-operative rates 1n
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the area in which the individual or family lives;
(iii)
"rent supplement" or"co-op housing supplement"
shall mean the difference between the full
monthly rents or co-op housing charges which
would normally be charged by the non-profit
corporation for the housing units under the
program and the actual rents or housing charges
based on the Minister's rent-to-income scale,
which are charged to the individual or family
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of low or moderate income for the
housing accommodation.
(i v) "opera ting expenses" means the total of:
(a) the rent supplement or co-op housing
charge supplement amounts paid in any
calendar year by the Minister to owners
within the Municipality;
(b) the full rents or co-op housing charges
for any units which the Minister may be
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legally obliged to pay to owners by reason
of unavoidable vacancies occurring
during the calendar year;
(c) administrative expenses incurred by
the Minister in operating and carrying
out the program, providing that the
administrative fee shall not exceed $8.00
per housing unit per month during the
fir~t five years of this Agreement;
(d) any other legitimate expenses agreed to
be paid by the Minister to the owner
pertaining to units in the program.
2 .
The Minister shall provide rent or co-operative
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housing accommodation to individuals or families of low or
rooderate income within the Municipality by entering
into rent or co-op housing charge supplement agreements
with owners for the direct leasing or provisions of co-op
housing accommodation to such individuals or families under
which the Minister shall pay the operating expenses
pdrtaining to the units. A list of the non-profit housing
0upplement agreemehts which the Minister has entered into
witH various owners to date is attached hereto as Schedule
HAil ,HuI it,ll ~l;f,t"H!c1 that same will be added to from time
to time by the Minister as further agreerrents are concluded covering
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further units, and/or extending the tenus under the existing agrearents,
wi th the consent of the Municipality:
a) the said consent of the Municipality shall be given
and is evidenced by a Resolution of its I Col1I'\' (L
3.
The Municipality shall pay to the Minister on or before the
30th day of June in each year a sum equal to seven and-a-half (7~%) percent
of the operating expenses incurred with respect to the non-profit housing
supplement accorrodation wi thin the Municipality for the preceding calendar
year in accordance with a certified stat.errent to be delivered to the
Municipality by the Minister on or before the 30th day of April in the
year in which such payrrent shall be rrade.
4.
The Municipality shall have the right, through its servants,
agents, or auditors, at any tinE uPJn reasonable notice to the Minister,
to examine the books and records of the Minister pertaining to the
non-profit housing supplement accorrodation with the Municipality ,and
in the event that at any tinE the Municipality disputes the aITOtmt
claimed by the Minis ter under the preceding paragraph hereof and the
parties hereto cannot resolve such dispute, the Minister shall refer
such dispute to a thin! party acceptable to each of them, and the
decision of such third party shall be final and binding onroth parties
hereto.
5.
This Agreerrent shall continue and rerrain in force for a period
gf twenty years from the .date hereof, and shall enure to the benefit
Gt mid be bincUng uPJn the parties hereto, their successors and assigns.
P:rtwld~d, hCMever, that neither party to the Agreement shall assign the
AijJr€!err.erlt without the written consent of the other party first had and
abtaingd.
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IN WITNESS WHEREOF the parties hereto have
hereunder affixed their corporate seals under the hands
of their proper signing officers duly authorized in
that behalf.
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Municipality
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SCHEDULE "A"
LIST OF RENT SUPPLEMENT UNITS
COMMUNITY SPONSORED HOUSING PROGRAM
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NAME OF
OWNER
ADDRESS OF
PROJECT
NO. OF UNITS TO
RECEIVE RENT
SUPPLEMENT PAY}lliNTS
DATE OF TRIPARTITE AGREEMENT
BETWEEN CMHC, THE MINISTER
OF HOUSING AND THE OWNER
TERM OF
TRIPARTITE
AGREEHENT
DURHAM eOUNTY
SENIOR eITIZENS
LODGE
STATION STRg~T
VILLAGE OF OfiONO
TOWN OF NEWCf;.STLE
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JANUARY 31, 1979
15 YEARS