HomeMy WebLinkAboutTR-14-89 7 (d)
TOWN OF NEWCASTLE
REPORT
F i le #
Res.
By-Law #
MEETINGCENERAL PURPOSE & ADMINISTRATION MEETING
DATE: February 6, 1989
REPORT &Z-14-89 FILE #:
SUBJECT:
BOWMANVILLE B.I.A. BY-LAW AMENDMENT
RECOMMENDATIONS:
It is respectfully recommended that the General Purpose and
Administration Committee recommend to Council the following:
1. That report TR-14-89 be received; and
2. That the attached by-law which establishes as the maximum sum
that Council would approve in the annual estimates submitted by
the Bowmanville B.I.A. at $100,000; and
3. That Section 16 of By-law 77-33 as amended by By-law 84-17, as
amended by By-law 85-61 be rescinded; and
4. That the Clerk be authorized to publish the proposed by-law in
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the appropriate manner as described in the body of this report;
and
5. That the Bowmanville B.I.A. be advised of these actions; and
6. That the Bowmanville B.I.A. be requested to submit the 1989 Budget
under spearate cover for Council's consideration.
. . .2
TR-14-89 Page 2
The Bowmanville B.I.A. has submitted a proposed budget for 1989 which is
in excess of the current maximum set out in the by-law authorizing the
limit of the tax levy imposed by the B.I.A. By-law 77-33 was a by-law
to designate an area as a Business Improvement Area and part of it
referred to establishing maximum limits that could be levied by the
B.I.A. Since the limits are continually changing it seems more
appropriate to establish a by-law dealing specifically with setting
maximum limits.
The following is a summary of the recent by-law amendments and
Bowmanville B.I.A. budget and actual figures:
Year By-law Tax Limit Budgeted Actual
No. Authorized Tax Levy Levy
1984 84-17 $ 40,000 $ 40,000 $40,595
1985 85-61 60,000 45,000 45,000
1986 85-61 60,000 45,000 46,142
1987 85-61 60,000 50,000 51,016
1988 85-61 60,000 60,000 60,000
The limit set in the by-law is simply an authorized maximum. The budget
is set annually by the Bowmanville B.I.A., and is subject to review and
approval by council in accordance with the Municipal Act Sec. 217 (10) .
It should be dealt with separately upon receipt of the B.I.A. 's request
for approval of it's 1989 budget.
In the past, the maximum limit has been authorized at a level higher than
the current budget estimates so that the Town is not annually amending the
by-law to accommodate variance in the levy request.
Section 217(19) of the Municipal Act provides that before Council passes
a by-law specifying the maximum limits, notice of the proposed by-law
must be either:
a) published once a week for four weeks and passed after fourteen
days following the last publication
or
b) sent to each person occupying or using land in connection with
any business in the area, and passed after thirty days following
the last day of mailing the notices.
TR-14-89 Page 3
It is therefore recommended that the maximum limit of tax levy be set at
$100,000, and that the Clerk be authorized to publish notice of the
proposed by-law immediately for a period of four weeks and to bring forth
the by-law to Council for approval after fourteen days following the last
publication.
Respectfully submitted, Recommended for presentation
to the Committee
Marie A. Marano, t�awrenc�E Kotseff,
Acting Treasurer. Chief Admi istrative Officer.
MAM/pp
I.UCll•1UIN11.H11UNb U11t1;u11UIN U-4
BOWMAN`vILLE BUSINESS CENTRE
BOWMANVILLE P.O. BOX 385
BUSINESS CENTRE BOWMANVILLE, ONT.
LIC 3L1
1989 01 13
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Mrs . Patti Barrie
Town Clerk
Town of Newcastle
40 Temperance Street
Bowmanville, Ontario
Dear Mrs . Barrie
It was moved at the recent meeting of the Board of Manage-
ment held on January 10, 1989:
THAT the following be the Budget for the year 1989 :
Administration $ 8,000.00
Promotion 25,000.00
Parking 16, 500.00
Landscaping 10, 500.00
Capital Works 20,000.00
Total $80, 000.00
Because this total amount of $80,000.00 is above the limit
set by the existing By-law, it will require an amendment to
this By-law before this budget can be accepted by Council .
If there are any questions or concerns regarding this matter,
please_do_not hesitate to contact me-.__
Yours very truly VAK RIBUTION
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TO:
Garth Gilpin O
Secre tary-Treasurer u
and
General Manager
212 Chap. 302 iv9uN1e1PAL Sec. 216
rateable property in the area, and the by-law may provide
that the whole or part of such cost shall be assessed upon
the lots abutting on such canals according to the frontage
thereof, and, where only part of such cost is assessed on the
lots abutting such canals, the balance of the cost shall be
assessed and levied on the rateable property in the area.
Regulating 2. For regulating and governing the use of water canals
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and for limiting the speed at which any boat or other vessel
may travel in such canals.
Dooksand 3. For permitting the owners or lessees of lots abutting
enpa
water canals conveyed to the municipality to construct, main-
tain and use docks or slips in such canals and for making such
annual or other charge for the privilege conferred by the
by-law as the council considers reasonable, and for providing
that, upon the termination of such privilege, the canal shall
be restored to its former condition at the expense of the
owner or lessee of the land to which the privilege is appurtenant
by removing the dock or slip or otherwise as may be required
by the by-law.
(a) Such annual or other charge and any expense in-
curred by the corporation in restoring the water
canal to its former condition is payable and payment
of it may be enforced in like manner as taxes are
payable and payment of them may be enforced.
(b) The corporation is not liable for damages that may
result from the construction, maintenance and use of
any such dock or slip. R.S.O. 1980, c. 302, s. 216.
Improvement 217.—(1) The council of a local municipality may pass
area may be
designated by-laws designating an area as an improvement area and
by by-law
may by by-law establish for any such area so designated a
Board of Management to which may be entrusted, subject
to such limitations as the by-law may provide, the improver
ment, beautification and maintenance�of municipally owned
lands, buildings and structures in the area, 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.
Notice or (2) Before passing a by-law designating an improvement
intention
area, notice of the intention of the council to pass the by-law
shall be sent by prepaid mail to every person occupying or
using land for the purpose of or in connection with any
business in the area who is shown in the last revised assess-
ment roll of the municipality as being assessed for business
R.S.O. 1930, assessment within the meaning of the Assessment Act.
c.31
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Scc. 2 1 7 (10) MUNICIPAL, Chap. 302 213
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(3) Unless a petition objecting to the passing of the by-la",Petition
referred to in subsection (2), signed by at least one-third of to by-raw
the persons entitled to notice as set out in subsection (2),
representing at least one-third of the assessed value of the
lands in the area that is used as the basis for computing
business assessment, is received by the clerk within two
months next following the latest day of the mailing of any
such notices, the council may pass the by-law, but, if such a
petition is received by the clerk within such time, the council
shall not pass the by-law.
(4) Subject to subsection (3), where a petition objecting to the Ap1no'ai
passing of a by-law referred to in subsection (2) signed by one or <%nL.Ir.
more persons entitled to notice as set out in that subsection is
received by the clerk of the municipality within thirty days next
following the latest day of the mailing of any of such notices, the
by-law shall not come into force without the approval of the
Municipal Board.
(5) The sufficiency of the petition described in this section Sufficiency
ofpe tition
shall be determined by the clerk and his determination shall determined
be evidenced by his certificate and when so evidenced is final by clerk
and conclusive.
(6) A Board of Management established under,subsection(1)is a Board of
body corporate and shall consist.of;such ntlmbe.of,members Management
appointed,by,council as the`council considers 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.
(7) Each member shall hold office from the time of his o—of
appointment until the expiration of the term of the council
that appointed him, provided he continues to be qualified,
as provided in subsection (6).
(8) Where a vacancy occurs from any cause, the council vacancy
shall appoint a person qualified as set out in subsection (6) to
be a member, who shall hold office for the remainder of the
term for which his predecessor was appointed.
(9) The members shall hold office until their successors are Idem
appointed and are eligible for reappointment on the expiration
of their term of office.
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(10) A Board of Management,.,established under subsec-Estimates
lion (1) shall submit to the council its estimates for the current
year at the time and in the form prescribed by council and j
may make requisitions upon the council for all sums of money
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214 Chap. 302 MUNICIPAL Sec. 217 (10)
required to carry out its powers and duties;but nothing herein
divests the council of its authority with reference to rejecting
such estimates in whole or in part or providing the money
for the purposes of the Board of Management and when
money is so provided by the council the treasurer shall, upon
the certificate of the Board of Management, pay out such
money to the Board of Management.
Expenditure (11) The Board of Management shall not expend any moneys
of moneys
not included in the estimates approved by the council or in a
reserve fund established under section 165.
Borrowing (12) The Board of Management shall not borrow money and,
prohibited,
restrictions on without the prior approval of the council, it may not incur any
incurring indebtedness extending beyond the current year.
indebtedness
Application of (13) Section 149 of this Act and sections 64 and 65 of the
R.S.O. 1980, Ontario Municipal Board Act apply to the giving of an c. 347 p PP Y g� g approval of
indebtedness by a council under subsection (12) as though the
giving of the approval were the incurring of the indebtedness by
the municipality.
Annual (14) On or before the 1st day of March in each year, a
repor
Board of Management 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.
Auditor (15) The municipal auditor shall be the auditor of each
such Board of Management and all books, documents, trans-
actions, minutes and accounts of a Board of Management shall, j
at all times, be open to his inspection.
Dissolution (16) Upon the repeal of a by-law establishing a Board of
of Board Management, the Board ceases to exist and its undertakings,
assets and liabilities shall be assumed by the municipality.
Special (17) Subject to such maximum and minimum charges as the.
charge
council may specify by by-law'the council shall in each year levy a
special charge upon persons in the area assessed for business
assessment sufficient to provide a sum equal.tq the,sum of n}pney
provided for the purposes of the Board of Management forat ,t,
area, together with interest thereon at such rate as is required to
repay any interest payable by the municipality on the whole or any
part of such sum, which shall be borne and paid by such persons in
the proportion that the assessed value of the real property that is
used as the basis for computing the business assessment of each of
such persons bears to the assessed value of all the real property in
the area used as the basis for computing business assessment.
a
`S
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Sec. 217 (24) MUNICIPAL Chap, 302 215
(18) Notwithstanding subsection (17), the council may by by- special charge
where special
law provide that the sum required for the purposes mentioned benefit
therein shall be levied as a special charge upon and shall be borne derived
and paid by persons in the area assessed for business assessment
who in the opinion of the council derive special benefit from the
establishment of the area, and the sum chargeable to such persons
shall be equitably apportioned among them in accordance with
the benefits that,in the opinion of the council,accrue to them from
the establishment of the area.
(19) Before the council passes a by-law specifying maximum Notice
and minimum charges under subsection (17) or a by-law under
subsection (18), notice of the proposed by-law shall be
(a) published at least once a week for four successivpl weeps, �(
and the,by-law shall not be passed until after the expiry 1
or,foyrteep days„following the day on,which,the notice
was last published; or
(b) given in the.same manner as a notice of a proposed
by-law under subsection (2), and the by-law shall not be
passed until the expiry of thirty days next following the
latest day of the mailing of any such notices.
(20) Any person who would be liable to a special charge levied Objections
in accordance with a by-law proposed to be passed by the council
of a municipality under subsection (17) specifying maximum or
minimum charges or under subsection (18) may object to the
proposed by-law by filing written notice of the objection with the
clerk of the municipality before the expiry of the period mentioned
in clause (19) (a) or (b), as the case may be.
(21) Where an objection to a proposed by-law is made under Approval
subsection (20), the proposed by-law shall not come into force o.M.B.
without the approval of the Municipal Board.
(22) Subsections (19), (20) and (21) do not apply to a by-law Application
passed under subsection(17)or(18)to comply with an order of the
Municipal Board under subsection (31).
(23) Notice of a proposed by-law required under subsection separate
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(19) may be given in the same notice as notice of a proposed notices
by-law under subsection (2). required
(24) Notwithstanding anything in subsection (17) or (18), where Proviso
moneys borrowed by the municipality are provided in any year by
the council for the purposes of the Board of Management and
where only a portion of such moneys are required to be repaid by
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THE CORPORATION OF THE TOWN OF NEWCASTLE
BY-LAW 89 -
being a by-law to establish maximum
charges to be levied by a special charge
upon persons in the area assessed for
business assessment in the area in the
the Bowmanville Central Business District
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designated as an Improvement Area.
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WHEREAS Section 217(1) of The Municipal Act, R.S.O. 1980, provides that
the Council of a local municipality may pass by-laws designating an area
as an improvement area:
AND WHEREAS Section 217(17) of The Municipal Act, R.S.O. 1980, provides
that subject to such maximum and minimum charges as the Council may
specify by by-law, the Council shall in each year levy a special charge
upon persons in the area assessed for business assessment sufficient to
provide a sum equal to the sum of money provided for the purposes of the
Board of Management for that area, together with interest thereon at such
rate as is required to repay any interest payable by the municipality on
the whole or any part of such sum, which shall be borne and paid by such
persons in the proportion that the assessed value of the real property
s that is used as the basis for computing the business assessment of each
of such persons bears to the assessed value of all the real property in
the area used as the basis for computing business assessment.
f NOW THEREFORE, BE IT ENACTED AND IS HEREBY ENACTED AS A BY-LAW OF THE
i CORPORATION OF THE TOWN OF NEWCASTLE BY THE COUNCIL THEREOF AS FOLLOWS:
All persons in the area assessed for business assessment in the area of
Bowmanville Central Business District designated as an Improvement Area
withing the meaning of the Municipal Act, shall be subject to the
following maximum charges for such purposes as shall be determined by
Council:
Council shall not approve any estimates submitted in an
annual budget of the Board in excess of the sum of $100,000.
By-law read a first and second time this day of 1989.
By-law read a third time and finally passed this day of
1989.
Mayor
J Clerk
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