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HomeMy WebLinkAboutTR-15-89 7 (e) °y,�.""�� TOWN OF NEWCASTLE REPORT File # Res. #A0 '� - - � -� By-Law # MEETING:GENERAL PURPOSE & ADMINISTRATION MEETING DATE: February 6, 1989 Rff'ORT #jp,= -89 FILE #: SLI&JECT: NEWCASTLE 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-15-89 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 Newcastle B.I.A. at $20,000; and 3. That By-law 83-43 be rescinded; and 4. That the Clerk be authorized to publish the proposed by-law in the appropriate manner as described in the body of this report; and 5. That the Newcastle B.I.A. be advised of these actions; and 6. That the Newcastle B.I.A. be requested to submit the 1989 Budget under spearate cover for Council's consideration. . . .2 TR-15-89 Page 2 The Newcastle B.I.A. has submitted over the past few years, budgets which have been 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. The following is a summary of the recent by-law amendments and Newcastle B.I.A. budget and actual figures: Year By-law Tax Limit Budgeted Actual No. Authorized Tax Levy Levy 1984 83-43 $ 1,000 $ 4,500 $4,614.74 1985 83-43 1,000 5,200 5,200.00 1986 83-43 1,000 6,200 6,200.00 1987 83-43 1,000 6,820 6,729.00 1988 83-43 1,000 7,630 7,630.00 The limit set in the by-law is simply an authorized maximum. The budget is set annually by the Newcastle 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. It appears that the original by-law setting the maximum limits has never been adjusted. It is recommended that the maximum limit be 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. . . .3 TR-15-89 Page 3 It is therefore recommended that the maximum limit of tax levy be set at $20,000, 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, wrence /,L /Kotseff, Acting Treasurer. Chief Adminidtrative Officer. MAM/Pp �I 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 Newcastle Central Business District designated as an Improvement Area. 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: i AND WHEREAS Section 217(17) of The Municipal Act, R.S.O. 1980, provides i 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 i 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 that is used as the basis for computing the business assessment of each A of such persons bears to the assessed value of all the real property in the area used as the basis for computing business assessment. NOW THEREFORE, BE IT ENACTED AND IS HEREBY ENACTED AS A BY-LAW OF THE 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 the Village of Newcastle Central Business District designated as an 5 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 $20,000. i s i fBy-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 Clerk THE CORPORATION OF THE TOWN OF NEWCASTLE BY-LAW 89 - 51 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 Newcastle Central Business District designated as an Improvement Area. 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 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. NOW THEREFORE, BE IT ENACTED AND IS HEREBY ENACTED AS A BY-LAW OF THE 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 the Village of Newcastle 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 $20,000. By-law read a first and second time this 28th day of March 1989. By-law read a third time and-finally passed this 28 day of March 1989. Mayor � DEv�ry k