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HomeMy WebLinkAbout2013-023 - 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 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 Clerk’s 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