HomeMy WebLinkAbout69-15THE CORPORATTON OF THE
TOWN OF BOWNANVTLLE
BY-LAW NO. 69-15
A by-law to amend By-Law No. 69n8j being
a by-law to adopt the 1969 estimates and
to striRe the rates of taxatior-
WHEREAS the Council of the Corporation of the
Town of Bowmanville passed on the 21st day of April, 19691
a by-law to strike the rates of taxation for the year 1969;
AND WHEREAS the Northumberland & Durham Count j,
Board of Education announced on April !To 19693 the requisi-
tion for funds for elementary and secondary education
purposes;
AND the Minister of the Department of
Education announced on April 24, !969 that the Province
world assist those municipalities adversley affected by the_?
rew distribution of the education levy;
AND WEERFAS the County Board of Educatior in
accordance with the Minister's proposal for increased sub-
sidies has revised their requisition for elementary purposes7
AND WHEREAS the Peterborough, Victoria, Northumberland
and Durham County Separate School Board of Education have
indicated they wish the separate school rate to be the same as
that set for public school;
AND WHEREAS it is deemed desirable to use the excess
Teny originally required for education purposes for genera!
purposes;
NOW THEREFORE the Council of the Corporation of the
Town of Eowmanville HEREBY ENACTS that By-Law No, 69-8 be
amended as follows:
1.m in the first paragraph of the preamble -
(a) Opposite the words Public Schoolsi delete
the figures S325,786 and substitute there-
forn 9242,977.
Opposite the words Separate School delete
the figures $10505 and substitute therefore
$7,835 x"
2. Tn paragraph 1 of the enactmert part of the
by-law
(n) Delete tie figures 93251786 oqposite
Public Sclocl and substitute therefore
"A242,977p"
(b) Delete the figures $10,505 opposite
Separate School and substitute therefore
"7,835"
(c) Delete the figures QK,600 opposite
General Purposes and subFtit7te therefore-
"Q537,09wit
3� To paragr,pl 2 -
(a) Delete the figures for residential and
commercial assessme7ts, the public school
ratio 32.35 and 35-95 respectively and
svIstitute therefore the figures "2413"
and "26.81.''
- 2 -
(b) DeTete t'he figures 32-35 a--n-d 35 .0-7
bei-mg se-oarate school rates for
resieemt:ial ---.P-d orimercial ass�essmertF,
-=d substitute the2:-efore the fi e s
c Delet-e ti-�s fi-g-a-res 42 82 and 491m62,
the 'Gerleral Rate bppearing 2-M
and formin- parts of t'hs Total Pulblic
C,
School Rate and To-'7a! Senarate School
Rate an-i substit-�7,te therefore tl- ,e
-; -a I -- 1 -1
�, I r e S �7 T- . 0 4 -� - d 5 B 7 6 re s P- e c t i -7,,- e
READ a f4rst, secord -,n�d third time, and fi-nall- v- passed
thi s 010"4 dav of io6g,,
Cep
'\U
Q` -� ��
DEPARTMENT OF
TRADE AND DEVELOPMENT
HONOURABLE STANLEY J. RANDALL 950 YONGE STREET
MINISTER TORONTO 5
May 20, 1969
Mr. R. L. Byron,
Clerk - Treasurer,
Town Hall,
Bowmanville, Ontario.
Dear Sir: Re: BOWMANVILLE OH -1
14 Senior Citizen Units
Approval Under Sections 16(1)(a),
16 (1) (c) and 17 (1) (a)
The Housing Development Act
I am pleased to advise that pursuant to the
provisions of Sections 16 (1) (a) , 16 (1) (c) and 17 (1) (a) of the
Housing Development Act, R.S.O. 1960, Chapter 182, as amended,
approval is hereby granted for the Municipality of the Town
of Bowmanville,
(a) to enter into an agreement for the acquisition
and subsequent sale to Ontario Housing Corporation
certain lands within the Municipality; and
(b) to enter into an agreement with Ontario Housing
Corporation whereby the Municipality agrees to
contribute to the maintenance cost of a 14 unit
Senior Citizen Project in accordance with the
terms and conditions therein set out.
It is to be understood that my approval relates
only to the matters within my purview under the said Sections
16 (1) (a) , 16 (1) (c) and 17 (1) (a) and that such approval can
in no way operate to relieve your Municipal Corporation from
compliance with such other requirements as may in law exist.
Yours very
Stanly J. Randall.
Project No. BOW MANVILLE OH -1
This Agreement made in duplicate this
AA
day of
A. D. 19 .
B E T tied E E N
ONTARIO HOUSING CORPORATION
(hereinafter called "the Corporation ")
OF THE FIRST PART
- and -
THE CORPORATION OF THE
TOWN OF BOW MANVILLE
' iNVILLE
(hereinafter called "the Municipality ")
OF THE SECOND PART
WHEREAS by virtue of the provisions of The Ontario Housing
Corporation Act, Statutes of Ontario, 1964, Chapter 76, and The
Housing Development Act, Revised Statutes of Ontario, 1960,
Chapter 182, as amended, the Corporation may enter into agreements
respecting the acquisition and development of land for housing
purposes and for the acquisition and /or construction of housing
accommodation for sale or for rent;
AND WHEREAS the Municipality has requested, and the Corporation
has agreed to provide, operate and manage housing accommodation of
approximately 14 y /senior citizen housing units on
lands situate within the Municipality;
AND WHEREAS the Municipality has on the day of
A.D. 19 , passed By -law No. - authorizing the
- Page 2 -
entering into of this Agreement
AND 1^7HEREAS to assist in the provision, operation and mainten-
ance of the said housing accommodation, the Corporation has entered
into negotiations with Central 1.1ortgage and Housing Corporation
for the purpose of obtaining a loan and annual contributions under
the provisions of Part VI of The National Housing Act, 1954, as
amended;
AND Tr7HEREAS to further assist in the maintenance and operation
of the said housing accommodation, the 11-anicipality has agreed
to contribute toward the operating costs thereof;
NOW THEREFORE THIS AGREE?,IENT WITNESSETH THAT each of the
parties hereto on behalf of themselves and their respective
successors and assigns, in consideration of the premises and of
the mutual covenants hereinafter contained, covenant and agree,
each with the other, as follows:
1. For the purposes of this Agreement:
(a) "Gross Revenue" means the rental revenue earned by
the Corporation in the operation of the housing
accommodation project in each calendar year.
(b) "Operating Expenses" means the total of:
(i) Amounts paid by the Corporation to Central Mortgage
and Housing Corporation for principal and interest in
repayment of monies loaned to the Corporation for the
provision of the above recited housing accommodation.
(ii) Amounts paid by the Corporation to the Treasurer
of Ontario in repayment of monies advanced for the
provision of the said housing accommodation, including
interest on such advances at the rate of 7-1/8 o per
annum.
- Page 3 -
(iii) Amounts paid in any calendar year by the Corporatior
to the I,1unicipality as grants in lieu of taxes in
connection with the housing accommodation, pursuant to
the provisions of clause 3 following.
(iv) Fire insurance premiums, if any, or the annual
provision for a reserve fund set up in place thereof.
(v) Liability insurance premiums.
(vi) Amounts paid for labour and services including,
but without limiting the generality of the foregoing,
wages, salaries, workmen's compensation and other fringe
benefits.
(vii) Amounts paid for equipment, supplies and materials
used in repairing, maintaining, managing and administrating
the housing accommodation.
(viii) Amounts paid by the Corporation, without reimburse-
ment by tenants, for light, fuel, power and water.
(ix) Such other items as may be agreed to in writing
from time to time between the Corporation and the
Municipality.
(c) "Operating Loss" means the amount by which the operatin,
expenses exceed the gross revenue for the project in
a calendar year.
(d) "Operating Profit" means the amount by which the gross
revenue exceeds the operating expenses for the project
in a calendar year.
2. The Corporation agrees to provide, operate and maintain
:fzzt /senior citizen housing accommodation on lands in the
Iunicipality described in Schedule "A" annexed hereto, which,
when completed, will comprise approximately 14 housing units.
The Municipality will be under no obligation or liability to
contribute to the capital cost of the said housing accommodation,
- Page 4 -
nor, save as hereinafter provided, to the cost of operating and
maintaining same. The parties hereto further agree that the
Municipality shall not be entitled to receive or share in any
profits or other increments from the project. Operating profits
shall however be dealt with in the manner set forth in clause 4.
3. (a) The Corporation shall make to the Municipality an
annual payment in lieu of taxes on the project of an amount
equivalent to full normal taxes for any year during the
currency of this agreement. Payment shall be made at the
same time or times as full normal taxes would be paid,
provided that no payment in lieu of taxes will be made in
respect of the period prior to the completion and initial
occupancy of each building. Any refund arising therefrom
shall be in the form of a reduction of payment in lieu of
taxes in the year subsequent to the calendar year in w7lich
the over - payment was made.
(I) Subject to the provisions of "the Local Improvement Act
as to the replacement of services, the Municipality agrees
that no municipal taxes, rates or charges shall be levied or
charged against the lands of the Corporation in respect of
the housing accommodation project so long as it is owr_ed by
theCbrporation, and no payment in lieu thereof shall be made
in respect of the period prior to the occupancy of each
building or group of buildings as aforementioned.
(c) The municipality agrees that no municipal taxes,
rates or charges (but not including business taxes, poll
taxes, dog taxes, water rates or hydro rates) shall be
levied or charged to the tenants or occupants of the housing
accommodation units within the project, so long as such units
are owned by the Corporation.
- Page 5 -
(d) The Municipality further agrees to provide or cause to
be provided to such tenants or occupants all facilities and
services that are provided to other property owners or
tenants in the Municipality including, but without limiting
the generality of the foregoing, garbage collection, fire
and police protection, and educational facilities.
4. The Municipality shall pay to the Corporation on or before
the 30th day of June in each year a sum equal to seven and one --
half percent (72%) of the operating loss, if any, of the said
housing accommodation project for the preceding calendar year, to
the extent of such loss not being fully provided for by any previous
profits reserved as set out below. The Corporation shall calculate
the amount of the operating loss, if any, and notify the
Municipality in writing of the amount thereof by the 30th day of
April in the year in which such payment shall be made. Should the
Corporation accumulate an operating profit on the project in any
calendar year, it shall be retained in a reserve account to be
applied against future operating losses.
5. The Municipality shall have the right, through its servants,
agents or auditors, at any time, upon reasonable notice to the
Corporation, to examine the books and records of the Corporation
and, in the event that at any time the Municipality disputes the
amount claimed by the Corporation under paragraph 4 hereof, and the
parties hereto cannot resolve such dispute, the Municipality and
the Corporation shall refer such dispute to a third party acceptable
to each of them, and the decision of such third party shall be
final and binding on both parties hereto.
6. This Agreement shall remain in force for as long as the
Corporation shall continue to operate the housing accommodation
as a public housing project as defined in Part VI of the National
- Page 6 -
Housing Act, 1954, and subject thereto, shall enure to the benefit
of and be binding upon the parties hereto, their successors and
assigns. Provided however that neither party to the Agreement
shall assign the Agreement without the written consent of the other
party first had and obtained.
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.
Per
ONTARIO HOUSING CORPORATION
.. ...........:
7i ce -Chai
Per ...........................
(Secretary)
THE CORPORATION OF THE
TOWN OF EO NVILLE
Per . .... ....::. ..... r: .. ... .
Per ... .
• ..........
SCHEDULE "A"
TO AGREEMENT dated day of , A.D. 19 kx, �.
B E T W E E N
ONTARIO HOUSING CORPORATION
- and -
THE CORPORATION OF THE
TOWN OF EOLI,,TVILILE
LAND DESCRIPTION