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HomeMy WebLinkAboutTR-16-89 7 (f) A,�;"" TOWN OF NEWCASThE �t REPORT File # Res. # 3°- � f By-Law # nUING:GENERAL PURPOSE & ADMINISTRATION MEETING DATE: February 6, 1989 REST I'R-16-89 FILE #: SMUT: ORONO B.I.A. BY-LAW RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. That report TR-16-89 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 Orono B.I.A. at $20,000; and 3. That Section 16 of By-law 81-1 be rescinded; and 4.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 Orono B.I.A. be advised of these actions; and 6. That the Orono B.I.A. be requested to submit the 1989 Budget under spearate cover for Council's consideration. . . .2 TR-16-89 Page 2 The original By-law #81-1 designates an area in the Village of Orono as an Improvement Area. Section 16 of this by-law refers to the maximum limits that can be imposed. Since the limits are changed from time to time it would be appropriate to establish a separate by-law that deals specifically with the maximum limit. The following is a summary of the recent by-law amendments and Orono B.I.A. budget and actual figures: Year By-law Tax Limit Budgeted Actual No. Authorized Tax Levy Levy 1984 81-1 $ 25,000 $ 3,000 $3,000.00 1985 81-1 25,000 4,500 4,500.00 1986 81-1 25,000 4,750 4,735.04 1987 81-1 25,000 5,000 5,261.00 1988 81-1 25,000 6,500 6,500.00 The limit set in the by-law is simply an authorized maximum. The budget is set annually by the Orono 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. The initial maximum limit was 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. It has been adjusted so as to more appropriately reflect the requirments of the Orono B.I.A. 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 F dffr Marie A. Marano, `Lawrence L. Kotseff, Acting Treasurer. Chief Administrative Officer. MAM/pp 1 THE CORPORATION OF THE TOWN OF NEWCASTLE 1 i j BY-LAW 89 I i t 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 Orono Central Business District ' designated as an Improvement Area. i d q� 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 that subject to such maximum and minimum charges as the Council may 3 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. f 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 Orono 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. f 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. i Mayor i Clerk - THE CORPORATION OF THE TOWN OF NEWCASTLE BY-LAW 89 -50 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 Orono 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 Orono 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. \ �X Mayor dry