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HomeMy WebLinkAbout79-11 .. THE CORPORATION OF THE TOWN OF NEWCASTLE . 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. . 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. _ vV~-' G.B. Rickard Mayor .<j,~/';/ 'j ~,,:;,>'lr _ Y~p/f!:~~~ J .M. McIlroy Town Clerk Town Clerk ----- ).. .. ,. - ,\ . 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 - and - . .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 ~"I!":~~"'k<":'~~__~;'~'~:~_"'w. ---- -- - ~- .\ . ", ' . - 2 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: . ( 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 . 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 ----.--------.-..........-.--------....------....--- .....~_._..... ----..--_I..~ , , ...." , ._."~ -~- , ~ ..., . . ~ - 3 - 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 . 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 . 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 ~..._----- ------ ~...... -""", ~., -..._-- - -.'--".-. --~........._'-----_..._~._--.._---_.._..._---._~-----.......-...,--_.. '" ::-::;-~:.":';- ~_..;..::,y;o,;"'~_... " , .' . . . . ----.,.........,-0.-.. ".__...-~-" -,+ d,' - 4 - 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. '::'.:-.:.:::;~":'"~::;; .::::.::::.:..~..~.:.:::.:..;:-~.:.:: ~;' ,..;.:::::::7..: '_~ ::~:-:" '~;;'::A::':':;':::: :: ..'::; ":~:"'_,,.._. ""~~-"'"'' ,..-....... .. "-_..+"..., " .. .--. . , t >. . - 5 - 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. . Municipality ..JORPORATWN of the IGVm c~~- ;6</ ( .c n-"rr Oi i~'~luASnE Ii A-'( 6 II- . .' :~5"~:.:l:.~~-~7 ,-:":"::~:~.=-~_:~:'::::;.;:-;::::::;~_" ._'-_...........::..:,,~-~.............:~~:.......-:->..:;,~I~ ... ~_.....~~.. . SCHEDULE "A" LIST OF RENT SUPPLEMENT UNITS COMMUNITY SPONSORED HOUSING PROGRAM - .J., I P - ..- ~ 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 .~ .~ I 1 " - " ("- ," J ,!. "-, 16 JANUARY 31, 1979 15 YEARS