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HomeMy WebLinkAbout81-2 - Consolidated If this information is required in an alternate format, please contact the Accessibility Co-ordinator at 905-623-3379 ext. 2131 The Corporation of the Municipality of Clarington By-Law 81-2 Office Consolidation Being a by-law to designate an area in the Village of Newcastle Central Business District as an Improvement Area and to establish a Board of Management for the Village of Newcastle Central Business Improvement Area _____________________________________________________________ Passed, by Council, on: January 5, 1981 Consolidated as of: March 24, 2023 Amendments: Amending By-law Date Amendment Details 89-188 October 30, 1989 Replace Section 1 94-43 March 28, 1994 Replace Section 5 2021-034 March 1, 2021 Added item 4.1 Disclaimer: The following consolidated by-law is an electronic reproduction made available for information only. It is not an official version of the By-law. The format may be different, and plans, pictures, other graphics or text may be missing or altered. The Municipality of Clarington does not warrant the accuracy of this electronic version. Official versions of all By-laws may be obtained from the Municipal Clerk’s Division. Note: Original By-law was a Town of Newcastle By-law; see original by-law for letter from Ontario Municipal Board. Consolidated By-law No. 81-2 Page 2 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW NO. 81-2 Being a by-law to designate an area in the Village of Newcastle Central Business District as an Improvement Area and to establish a Board of Management for the Village of Newcastle Central Business Improvement Area. WHEREAS the Municipal Act provides that the Council of a local municipality may pass by-laws designating an area as an Improvement Area: AND WHEREAS notice of the intention of the Council to pass a by-law designating the area hereinafter described as an Improvement 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 time limited therefor: NOW THEREFORE, 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 meaning of the Municipal Act. The following is a description of the area: King Street from and including the property located at 210 King Street West (McCrimmon’s Antiques – The Hollows) on the west to, and including, the property located at 361 King Street East (Newcastle Lumber Limited). 2. A Board of Management to be known as the ''Board of Management for the Village of Newcastle Central Business District Improvement 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 improvement, beautification and maintenance of lands, buildings and structures in the area owned by The Corporation of the Town of Newcastle beyond such improvement, beautification and maintenance as is provided at the expense of the municipality at large, and the promotion of the area as a business or shopping area. 4. The Board shall consist of seven (7) members appointed by Council, one of whom shall be a member of Council and the remaining members shall be persons qualified to be elected members of Council assessed for business assessment in respect of land in the area or nominees of corporations so assessed. Consolidated By-law No. 81-2 Page 3 4.1. A member of the Board is permitted to participate electronically in a meeting and may be counted in determining whether, or not, a quorum of members is present at any point in time; and For clarity, a Member of the Board may also participate electronically in a meeting that is closed to the public, if the meeting is properly held in closed session (i.e. the deliberations are permitted to be conducted in closed session, moving from open session to closed session, and then rising and reporting, and maintaining minutes of both the closed and open portions of the meeting). 5. Each member shall hold office for a term concurrent with the term of office of the appointing Council or until his/her successor is appointed. 6. Where a vacancy occurs from any cause, the Council shall appoint a person qualified as set out in Section 4 to be a member who shall hold office for the remainder of the term for which his predecessor was appointed. 7. The members shall hold office until their successors are appointed and are eligible for re-appointment on the expiration of their term of office. 8. The Board shall, as soon as possible after its members are appointed in each year, elect a chairman 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. 9. The Board shall keep proper minutes and records of every meeting of the Board and shall forward true copies of such minutes and records to all members of the Board and to the Town Council, as soon as possible after the meeting covered thereby. 10. The Board shall adopt and maintain only banking arrangements and ordinary good accounting practices that are acceptable to the Treasurer of the Corporation and keep such books of account and submit such statements from time to time as the said Treasurer may require. 11. The Corporation's auditors shall be the auditors of the Board and all books, documents, transactions, minutes and accounts of the Board shall at all times be open to their inspection. 12. The 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 submit its annual report for the preceding year to Council including a complete audited and certified financial statement of its affairs with balance sheet and revenue and expenditure statement. Consolidated By-law No. 81-2 Page 4 14. The Board shall submit to the Council, an annual budget in a form and at a time satisfactory to the Town Council and within the limits of the estimates as approved by Council, the money to be provided by Council shall be paid by the Treasurer of the Corporation to the Board from time to time upon receipt of requisitions signed by the Chairman thereof. 15. The Board shall submit to the Council a detailed program of the improvement, beautification and maintenance proposed for each fiscal year with its budget. The Council shall within 45 days notify the Board where any project which forms part of the program may adversely affect the use or function of any land owned by the Town 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 sum of $25,000.00. 17. The Board shall deposit and keep on deposit with the Treasurer, insurance policies satisfactory in all respects to the said Official, indemnifying the Corporation against public liability and property damage in respect of the activities of the Board. 18. This by-law shall not come into force without the approval of the Ontario Municipal Board. By-law read a first and second time this 5th day of January 1981. By-law read a third time and finally passed this 5th day of January 1981. ORIGINAL BY-LAW SIGNED