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The Corporation of the
Municipality of Clarington
By-Law 2013-023
Office Consolidation
Being a by-law to designate an area in the Bowmanville Central Business District as an
Improvement Area and to establish a Board of Management for the Historic Downtown
Bowmanville Business Improvement Area
_____________________________________________________________
Passed, by Council, on: March 4, 2013
Consolidated as of: March 24, 2023
Amendments:
Amending
By-law Date Amendment Details
2021-032 March 1, 2021 Add section 8.1
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 Clerkâs Division.
Consolidated By-law No. 2013-023 Page 2
THE CORPORATION OF THE MUNICIPALITY OF
CLARINGTON
BY-LAW NO. 2013-023
Being a by-law to designate an area in the Bowmanville Central Business District as an
Improvement Area and to establish a Board of Management for the Historic Downtown
Bowmanville Business Improvement Area
WHEREAS Section 204(1) of the Municipal Act, 2001 provides that a local municipality
may designate an area as an improvement area;
NOW THEREFORE BE IT ENACTED AND IT IS HEREBY ENACTED as a by-law of
the Corporation of the Municipality of Clarington:
1. THAT the area described below is designated an Improvement Area within the
meaning of the Municipal Act, 2001:
Commencing at the intersection of King Street West and Scugog Street,
Bowmanville, easterly along King Street West and King Street East to the
intersection of King Street East and George Street; Division Street from
Queen Street to Church Street; Temperance Street from Queen Street to
Church Street; Silver Street from King Street West to Church Street; and
Church Street from Division Street to Scugog Street
2. A Board of Management to be known as the "Board of Management for the
Historic Downtown Bowmanville Business 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 municipally-owned lands,
buildings and structures in the area beyond that provided at the expense of the
Municipality generally and the promotion of the area as a business or shopping
area.
4. The Board shall consist of such number of members appointed by Council as the
Council desires advisable, at least one of whom shall be a member of the Council
and the remaining members shall be individuals assessed for business
assessment in respect of land in the area or nominees of such individuals or of
corporations so assessed.
5. Each member shall hold office for the term concurrent with the term of office of
the appointing Council or until his/her successor is appointed.
Consolidated By-law No. 2013-023 Page 3
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 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, elect a
chairman and vice-chairman and appoint a secretary and treasurer, and such
other officers as it may deem necessary to properly conduct the business of the
Board.
8.1. 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).
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 Municipal 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 statement 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.
14. The Board shall submit to the Council an annual budget in a form and at a time
satisfactory to the Municipal Council and within the limits of the estimates as
approved by Council, the money to be provided by Council shall be paid by the
Consolidated By-law No. 2013-023 Page 4
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
Municipality 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 Municipality.
16. Annual estimates for the Historic Downtown Bowmanville Business Improvement
Area will be included in the Municipality's budget by-law and approved by Council
on an annual basis.
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 ad property damage in respect of the activities
of the Board.
18. By-law 77-33 and all amendments thereto are repealed.
19. This by-law shall be effective on the date that it is passed.
By-law passed this 4th day of March, 2013.
ORIGINAL BY-LAW SIGNED