HomeMy WebLinkAboutP-13-80 p,.}�li'�rnglat I Al�
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CORPORATION OF THE TOWN OF NEWCASTLE
PLANNING AND DEVELOPMENT DEPARTMENT D.N.SMITH,M.C.I.P.,Director
HAMPTON,ONTARIO LOB 1JO TEL. (416)263.2231
REPORT TO THE PLANNING AND DEVELOPMENT COMMITTEE MEETING OF FEBRUARY 18, 1980.
REPORT NO. : P-13-80
SUBJECT: Expansion of Business Improvement Area
Bowmanville
BACKGROUND:
The attached letter of November 21, 1979 from Mr. J. H. Lander
was considered by Council at the Meeting of December 3, 1979. The
letter was referred to the Planning and Development Committee for con-
sideration by Council Resolution #C-1593-79;
That the foregoing letter be referred to the Planning
and Development Committee for consideration and report back."
Planning and Development Committee considered the letter at the
January 7th Committee Meeting and tabled the item by resolution PD-3-80:
M "That the matter be tabled subject to clarification of
procedures required to implement this action."
COMMENT:
Further to Committee Resolution PD-3-80, please find attached
a copy of Section 361 of The Municipal Act, which empowers municipalities
to establish business improvement areas.
t
In order to expand the existing business improvement area,
Council will be required to pass a by-law under Section 361(1) of
The Act, designating the additional areas as an improvement area.
Before such a by-law may be passed by Council, notice of the
intention to pass such a by-law must be mailed to "every person
occupying or using land for the purpose of or in connection with any
business in the area."
If a petition objecting to the passage of the by-law is received
within 60 days of the notice and is signed by at least one-third of the
persons given notice and if those persons represent at least one-third
of the assessed value of the lands in the area then such a by-law may
not be passed by Council.
In order to further enhance the historic shopping area in Bow-
manville and to reinforce that area as a focal point of economic, social
and cultural activity, staff strongly recommend that Council initiate
the requested designation. Staff note that the proposed expansion of
the Business Improvement Area closely follow the recommendations made
in the Bowmanville Main Street Study by G. Baird and as such can form
part of an overall program of revitalizing the core of Bowmanville.
RECOMMENDATIONS:
That Planning and Development Committee recommend to Council
that:
1. The Town Clerk be instructed to initiate procedures for ex-
panding the Business Improvement Area in accordance with the
3 -
request of the Board of Management of November 21,
1979.
Respectfully submitted,
DNS:lb D. N. Smith, M.C.I.P.
January 17, 1980 Director of Planning
Encl.
a
1
2( MUNWlPAL
(6) The corporation is not liable for (1, 119es that nlay
result from the construction, maintenance and use of "
any such dock or slip. R.S.O. 1970, c. 284, s. 360. { ''
In, nent 361.
--(1) 'hhc council of a local municipality may pass
ai
a( • .,���1 ,a by-laws designating an area as an improvement area and
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 improve-
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 promotionq: ,
of the area as a business or shopping area.
Notieoof
i 2 Before passing a by-law designating an improvement
intonton
area, notice of the intention of the council to pass the by-law ��''�
I 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.1970, assessment within the meaning of The Assessment Act. 1
Potition ` (3) "'mess a petition objecting to the passing of the by-law s
objecting
to by-law referred to in subsection 2, signed by at least one-third of
the persons entitled to notice as set out in subsection 2,
representing at least one-third of the assessed value of the t•
lands in the area that is used is the basis for computing
business assessnicnt, is received by the cleric 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 cleric within such time, the council
shall not pass the by-law.
Slif cieney (4) The sufficiency of the petition described in this section
of petition
ined
by cleric be determined by the clerk and his determination shall
by cloTlc
be evidenced by his certificate and when so evidenced is final
and conclusive.
b rff Oct of 5 V'here the council has proceeded under this section and
petition ( ) proceeded
objeotinir hw, been prevented from passing the proposed by-law by
to by-law
reason of a petition objecting thereto having been presented
under subsection 3, the council may again proceed under this ;!
w section in respect of the area to be designated by any such
by-law at any time after the expiry of the two years next
following the presentation of the petition, R.S.O. 1970, c. 284, }'
s. 361 (1-5). )
Boardof (6) A Board of Management established under subsection
Management 1 is a body corporate and shall consist of such number of
members appointed by council as the council considers t
t''' -
203
MUNICIPAL
t. ,
edvisabl, ,II Ica,t on, of ttlloln ~ball be sI nu ether of <
the council and the tcluaining nu•nibcl� shall bc'
qualified to be elected is numbers of the council assessed r
for business asst,•ssment in respect of }and in the area or
nominees of corporations so assessed, provided that such
nominees are persons qualified to be elected as nleinbers n
of the council. 1976, c. 69,
Term of
(7) Bach member sh1111 hold office from the time of ,,"cities
appointment until the expiration of the terns of the council s',I
that appointed him, provided he continues to be qualified,
as provided in subsection 6, 1976, c. 69, s. 11 (2). 1 ;
NOTE: For term of office of existing members of Board of Manage-
ment. See 1976, C. 69, s. i 1 (3).
(S) Where a vacancy occurs from any cause, the council Vacancy
t
t. shall appoint a person qualified as set out in subsection 6 to
be a member, who shall hold office for the remainder of the I
t r
term for which his predecessor was appointed. ;
(9) The incillhers shall hold office until their successors arelaem t
s appointed and are eligible for reappointment on the expiration
of their form of-office
(10) A hoard of Management established under' subsec-Istimatee
l`'
tiou 1 shall submit to the council its estimates for the current
year at the time arks in the form prescribed by council and
t,
ma} make requisitions upon the council for all sums of moneY
required to carry out its po\%'c'rs and duties, but nothing herein
divests the council of its authority with reference to rejecting t
such estimates in Nti.hole or in part or providing the money
tur the purposes of the 1�oard of Marlagenient and when ; E
money is �o pr vide elil3oa e council Ill cmclltllt�>syllout upon
the certificate
money to the Board of 1lanagcnient.
't=
(}}) "nc�Board of Uanagcilwr t shall not expend any moneys of Expenditure
not inrhulcd in the estimates approved by the council of in a
c reserve fund established under section 3()8.
x Indebtedness
(12) .� Board u( \Ianagelltelit established under subsection 1 notto
extend i
Shall not hictir any indebtedness extending beyond tIIC CUTICllt beyond
current year
year.
(i•1)
On or before the 1st day of \larch in each year, a�p rtt s
Board of JlanagcIncrit shall submit its annual report for the c
rf preceding year to council, including a coand plete audited an
certified financial statement of its affairs, with balance sheet
and revenue and expenditure statement.
4
s
1.
i
.wiw= .iim.:.=n,�+.,sa'.�,.:... .axs-Gx
204 MUNICIPAL
Auditor (14) The municipal auditor shall be the auditor of each
such hoard of Management and all books, documents, trans-
actions, Minutes and accounts of.1 Board of Management shall,.
at all times, be open to his inspection.
Dissolution (15) Upon the repeal of a by-law establishing a Board of
of Board
Management, the Board ceases to exist and its undertaking, :
assets and liabilities shall be assumed by the municipality,,
I. .
MeS eeial (16) The council-shall in each year levy a special char' 1
rge
upon persons in the area assessed for business assessment suffi
cient to provide a suns equal to the sum of money provided
for the purposes of the Board of Management for that area,
which shall be borne sold 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
l such persons bears to the assessed value of all the real property
in the area used is the basis for computing business assessment. '
Manner or (17) Any charge imposed under subsection 16 may be
collection
collected in the same manner and with the same remedies as
provided by this Act for the collection of taxes upon busims
assessment.
Approval of (18) No by-law designating an improvement area come4
O.M.B.
into force without the approval of the Municipal Board and
as a condition of giving its approval' the Municipal Boaul
may by its order impose such restrictions, limitations and
conditions with respect to such matter as may appear necessary
r
or expedient.
Itopoal of (19) A by-law designating all 1111p10vCllleilt area may b"
by-law
repealed to tale effect upon the 31st day of December in the
year in which it is passed, and subsections 2, 3 and 18 do not
apply to a repealing by-law passed under this subsection.
R.S.O. 1970, c. 284, s. 361 (8-19). , ��,, �
Interpre- 3112.—(1) Ill this section,
tation
a (a) ''bcliclit" Ineans an immediate benefit or deferral
benefit accruing to owners or occupants of land and
derived or derivable from the construction of sewat;r
a w o lts or water «'oi ks, and
(i) "immediate benefit" means the benefit lthat
accrues and is derived or derivable immediately
upon completion of the works, and
a.
(ii) "deferred benefit" means the benefit that
`^► accrues upon completion of the works hii,
which is not derived or derivable therefrom
until a sewer or water main upon which th+!
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(',01010PA410N OF *1111: TOWN OF NEWCASTI.F. FOR 011WGHWI
OFFICE OF '11AU- TOWN UUE-RK
•10 TEMPERANCE SIRE[T TELEPHONC�623-3379
BOWMANVILLE, ONTARIO
1.1 C 3A6
21. ].W9 Nov(mbut
WLyo►- JjiCj-ULj'd %whol'.13 Of GAIRCil
The Corporation of the Town of Newcastle
40 Tailperwice ftiwL
Bownwiville, Ontario LIC 3AG
Dear Sirs and Madww
At a meeting of the Board of Management of the Bomanville Central
Improvenent Area "held on Monday, November 1.2 1979, a motion was
passed requesting puyiiii,,N—Lon of Council to expwid the, Central
Business Improvement Area to include Division Street from Queen
to Church, Taiperance Street from Queen to Church, Silver Street
froii King to Church, Church SO'e(A. fr►xii Division to Scug'01".
We would ask you to institute appropriate action to accomplish this,
and to advise the L3,-),i-1•d of Ntuiagoiient of your action.
Your,, vut,y U-uly,
J. 11. Lxuidcr, 'Socrotary
lk)ard of Managonent
rD
1919
19
CASTLE