HomeMy WebLinkAboutKIN 79 4241 Improvement Area
THE CORPORATION OF THE TOWN OF KINCARDIINE
BY-LAW NO. ~
See Bu-law No. 4364
A BY-LAW TO DESIGNATE AN IMPROVEMENT AREA WITHIN TfHE TOWN OF
KINCARDINE AND TO ESTABLISH A BOARD OF MANAGEMENT FOR THE AREA.
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WHEREAS pursuant to Section 361 of the Municipal Act, R.S.O.
1970, Chapter 284, the Council of the Corporation pf the Town of
Kincardine may pass a by-law to designate an impro~ement area
within the Town of Kincardine and establish a Board of Management
for the area;
AND WHEREAS. notice of Council's intention to pass such a
by-law was given pursuant to the said Act on July ;1.9, 1979;
AND WHEREAS no sufficient petition objecting ~o the passing
of the by-law has been received within the time li~t prescribed
by the said Act.
NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE TOWN
OF KINCARDINE HEREBY ENACTS AS FOLLOWS:
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1. THAT the area described herein is hereby designated an
improvement area within the meaning of Sectiop 361 of the
Municipal Act, R.S.O. 1970, Chapter 284; ,
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Commencing at the east limit of the buil~ing
occupied by Leisure World, thence southe~ly along
the easterly property boundaries of the businesses
on the east side of Queen Street until i~ meets with
Durham Market North including all of the, municipal
parking lot.
Commencing at the southerly limit of Ne~ Season's
Restaurant and including all business o~ the west
side of Queen Street northerly to Lambtop Street
thence westerly including the municipal owned land
(former arena site). .
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And includes all of the properties which! abut these
streets. .
2.
THAT a Board of Management is hereby established for the
area designated in Clause 1 herein.
THAT the Board of Management shall be a body corporate and
shall consist of six members at least one of whom shall be
a member of Council and the remaining membersi shall be
appointed by Council and shall be persons qua~ified to be
elected as members of Council, assessed for b~siness assess-
ment in respect of lands in the designated a~a or nominees
of corporations so assessed. .
3.
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THAT each member of the Board shall hold office for a period
of one (1) year from the time appointed, pro~ded that he or
she continues to be qualified as provided in ¡Clause 3 herein.
THAT where a vacancy occurs from any cause, ~he Council shall
appoint a person qualified as set out in Cla~se 3 herein, to
be a member who shall hold office for the re~inder of the
term for which his predecessor was appointed~
9. THAT the members shall hold office until the~r successors
are appointed and are eligible for re-appoin1iment on the
expiration of their term of office.
6.
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8.
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4.
THAT the Board of Management shall be known ajs the "Board
of Management of the Kincardine Business Imprjovement Area"
(hereinafter referred to as the Board). '
THAT the short title for the board shall be ~he~incardine
Downtown Management Board."
5.
THAT the Board is hereby entrusted with the improvement,
beautification and maintenance of lands, bui~dings and
structures in the designated area owned by tne Town of
Kincardine beyond such improvement beautific~tion and main-
tenance as is provided at the expense of the -municipality at
large and the promotion of the area as a bus~ness or shopping
area.
10. THAT the Board shall, as soon as possible, a~teriw members
are appointed in each year, elect a chairmaniand vice-
chairman and appoint a secretary who mayor J$ay not be a
member of the Board. .
11. THAT the Secretary of the Board shall keep p~oper minutes of
every meeting of the Board and shall be resp~nsible for keep-
ing all of the records of the Board with the exception of
the accounting records.
12. THAT the Board may appoint such other person$ as it may deem
necessary to properly conduct the business of the Board during
the said year provided that any remuneration!to paid to such
persons shall have been included in the curr~nt estimates of
the said Board which have been approved by C~uncil.
13. THAT the Treasurer of the Board shall be the'Treasurer of the
Corporation of the Town of Kincardine who sh411 be responsible
to keep the books and accounts of the Board and to assist the
Board in the preparation of annual estimates and financial
statements.
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14. THAT the Auditors of the Town shall be the Auditors of the
Board and all books, documents, transactions~ minutes and
accounts of the Board shall, at all times, b, open to their
inspection.
15. THAT the fiscal year of the Board shall be t~e fiscal year
of the Town.
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THAT the Board shall submit to the Council an annual budget
in a form satisfactory to the Treasurer of the Town on a date
to be determined from time to time by Counci~.
18. THAT with the submission of its annual budge1i, the Board shall
submit details of its improvements, beautifi~ation and/or
maintenance proposals for all town-owned lanq, buildings and
structures in the area and the Council shall within 45 days
notify the Board, if in the opinion of Counc~l, any project
may adversely effect the use or function of àny Town-owned
property and upon such notification, the Boa~d shall delete
the project or alter the project to the sati$faction of the
Council.
16.
17.
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19.
20.
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THAT on or before the first day of March eac~ year, the Board
shall submit its annual report for the preceqing year to
Council, including a complete audited and cerltified financial
statement of its affairs, with a balance shee t and revenue
and expenditures statement.
THAT the Board shall adequately insure itsel~ against public
liability and property damage in respect of all of the
activities of the Board and shall deposit co~ies of such
insurance policies with the Clerk of the To~. Such in-
surance policies shall indemnify the Town of ' Kincardine
against liability for the actions of the Boa~d.
THAT this By-law shall not come into force ot effect until
it has been approved by the Ontario Municipa¡ Board.
READ a FIRST and SECOND time this 20th day of .ê..,ptember
, 1979'0/'.-
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Mapx'
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dlerk Admini~ator
READ a THIRD TIME and FINALLY PASSED this
4th day of October: ., 1979.
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C~rkAdmin~~~JJ~
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THE CORPORATION OF THE TOWN OF KINCARDI~Œ
BY-LAW NO. 4364
FOR THE PURPOSE OF APPOINTMENT ONE MEMBER TO THE
BOARD OF MANAGEMENT OF THE KINCARDINE BUSINESS IMPROVE 'NT AREA.
LEGISLATION:
Paragraph 361 of the Municipal Act
THEREFORE the Council of the Town of Kincard"ne ENACTS
as follows:
1. That Kevin Bradley is hereby appointed a
of tfte Board of Management of the Kincar
~usiness Improvement Area for the years
;1982.
member
ine .
981 and
2. That paragraph 3 of By-law No. 4241 enac ed on
the 4th day of October, 1979, be amended to read:
"THAT the Board of Management shall be a bod
and shall consist of seven members at least 0
shall be a member of Council and the remaindi
shall be appointed by Council and shall be pe
qualified to be elected as members of Council
for business assessment in respect of lands i
designated area or nominees of corporations s
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READ a FIRST and Sl~COND time this
21st
day of
¿::?~,Ø~
Mayor
READ a THIRD TIME and FINALLY PASSED this
,
21st
May
, 1981.
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Mayor ~
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corporate
e of whom
g members
sons
assessed
the
assessed. "
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, 1981.
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Ontario
79377
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Ontario Municipal Board
IN THE MATTER OF Section 361 of
The MuniciDal Act (R.S.O. 1970,
c. 284)
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IN THE MATTER OF an application
by The Corporation of the Town
of Kincardine tor approval of
By-law 4241, passed on the 4th
day of October, 1979, being a
by-law to designate a certain
area described in Schedule "A"
attached hereto as an Improve-
ment Area
B E FOR E :
. C ..G. CHARRON, Q.C. ]
Member ]
] Tuesday, the 27th day of
- and - ]
] November, 1979
D.H. McROBB ]
Member ]
UPON IT APPEARING that notice of intention to pats By-law
4241 had been given as required by statute and n objection
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to its passage having been filed with the Clerk ff the
Town ot Kincardine; I
THE BOARD ORDERS that this application is
and By-law 4241, passed by Council of the
hereby granted
corpor~tion of
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the Town of Kincardine on the 4th day of October 1979,
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designating a certain area described in Schedule "A"
attached hereto as an Improvement Area, is hereb approved.
A
, ENTERED
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SECRETARY
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M 79377
Ontario Municipal Board
SCHEDULE "A"
to the order of the Ontario Municipal oard
made on the 27th d or November 19 9
Town or Kincardine
Business Improvement Area
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Commencing at the east limit or the building 9ccupied
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by Leisure World, thence southerly along the aster1y
North
property boundaries or the businesses on the
side
or Queen Street until it meets
including all or the municipal parking lot.
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Commencing at the southerly limit of New Seaso~ts
RestaurantancfTñc1udlng all business on the ""st side
or Queen Street northerly to Lambton Street thtnce
westerly including the municipal owned land <r+rmer arena
site). \
And includ.. aU cf tha pr...r.,.. which abut t...
streets.
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