HomeMy WebLinkAboutChapter 70 - Board of Managment Downtown Improvement AreaChapter I
BOARD OF MANAGEMENT
DOWNTOWN IMPROVEMENT
Article 1
INTERPRETATION
70.1.1 Improvement Area - designated - Schedule `A'
70.1.2 Auditor - designated
Article 2
BOARD OF MANAGEMENT
70.2.1
Establishment
70.2.2
Composition
70.2.3
Term of office - original
70.2.4
Term of office - reappointment
70.2.5
Vacancy - how filled
70.2.6
Termination - by Council
KITCHENER 70.1 DECEMBER 1995
Article 3
FINANCE
70.3.1
Estimates - submission to Council
70.3.2
Requisitions - upon City Treasurer
70.3.3
Other expenditures - approval
70.3.4
Indebtedness - limitation
70.3.5
Annual report - audited
KITCHENER 70.1 DECEMBER 1995
70.1.1 DOWNTOWN IMPROVEMENT AREA 70.2.1
70.3.6 Special charge - annual levy
70.3.7 Special charge - collection
Article 4
EFFECTIVE DATE - BY-LAW - CONDITIONS
70.4.1 Ontario Municipal Board - approval - required
Ontario Municipal Board - approval - obtained
SCHEDULE
Schedule `A' - Maps - Downtown Improvement Area
Article I
INTERPRETATION
70.1.1 Improvement Area - designated - Schedule `A'
The area of the City of Kitchener contained within or enclosed by heavy out-
line on the Map attached hereto as Schedule `A' is hereby designated as an
Improvement Area to be known as the Downtown Improvement Area.
70.1.2 Auditor - designated
The City Auditor shall be the Auditor of the Board and all books, documents,
transactions, minutes and accounts of the Board shall, at all times, be open to
his/her inspection.
Article 2
BOARD OF MANAGEMENT
70.2.1 Establishment
A Board of Management for the said Improvement Area is hereby estab-
lished which shall be known as the Downtown Improvement Area Board of
Management.
DECEMBER 1995 70.2 KITCHENER
70.2.2 DOWNTOWN IMPROVEMENT AREA 70.3.1
70.2.2 Composition
The composition of the Board shall be as is established from time to time by
resolution of Council provided that at least one member shall be a member of
the Council, and the remaining members shall be individuals assessed for
business assessment in respect of land in the said designated area or nomi-
nees of such individuals or of corporations so assessed and provided further
that at least one member of the Board, other than the said member of Coun-
cil, shall be a representative of the business community not engaged in the
retail sale of merchandise.
70.2.3 Term of office - limitation
Each member of the Board of Management shall hold office from the time of
the said appointment until the expiration of the term of the Council that ap-
proved the appointment provided the member continues to be qualified as
provided in Section 70.2.2 hereof.
70.2.4 Term of office - reappointment
The members of the Board shall hold office until their successors are ap-
pointed by Council and are eligible for reappointment on the expiration of
their term of office.
70.2.5 Vacancy - how filled
Where a vacancy occurs in the Board from any cause, the Council shall, by
resolution, appoint a person qualified as set out in Section 70.2.2 hereof to be
a member of the Board, who shall hold office for the remainder of the term
for which the predecessor was appointed.
70.2.6 Termination - by Council
Upon repeal of this Chapter, the Board shall cease to exist and its undertak-
ings, assets and liabilities shall be assumed by the City.
Article 3
FINANCE
70.3.1 Estimates - submission to Council
The Board shall submit its estimates for the current year to the Council at a
time and in a form as prescribed by Council. However, the Council may re-
ject such estimates in whole or in part and also may refuse to provide such
money for the purposes of the Board.
KITCHENER 70.3 NOVEMBER 1988
70.3.2 DOWNTOWN IMPROVEMENT AREA 70.3.7
70.3.2 Requisitions - upon City Treasurer
The Board may make requisitions upon the City Treasurer against the bud-
get approved by Council for all sums of money required by the Board in or-
der to carry out its powers and duties. A certificate, signed by the Chairman
of the Board and one other Board member, shall form part of each requisi-
tion. Provided however that, upon requisition, the City Treasurer, during the
period between year-end and budget day, may advance an amount of money
up to fifty percent of the budget for the preceding year.
70.3.3 Other expenditures - approval
The Board shall not expend any monies not included in its estimates which
have received prior approval by the Council.
70.3.4 Indebtedness - limitations
The Board shall not incur any indebtedness extending beyond the current
year.
70.3.5 Annual report - audited
The Board shall, annually, on or before the 1 st day of March, submit its an-
nual report for the preceding year to Council. Said annual report shall in-
clude a complete audited and certified financial statement of the affairs of the
Board with a balance sheet and a statement of revenue and expenditure.
70.3.6 Special charge - annual levy
The Council shall, in each year, levy a special charge upon persons in the
said designated area assessed for business assessment sufficient to provide a
sum equal to the sum of money provided for the purposes of the Board
thereof, 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.
70.3.7 Special charge - collection
Any charge imposed under Section 70.3.6 hereof may be collected in the
same manner and with the same remedies as provided by the Municipal Dict
for the collection of taxes upon business assessment.
NOVEMBER 1988 70.4 KITCHENER
70.4.1 DOWNTOWN IMPROVEMENT AREA 70.4.1
Article 4
EFFECTIVE DATE - BY-LAW - CONDITIONS
70.4.1 Ontario Municipal Board - approval - required
This Chapter shall not come into force and effect until such time as it re-
ceives the approval of the Ontario Municipal Board and shall be subject to
whatever conditions, restrictions, or limitations the Ontario Municipal
Board may, by order, impose. By-law 87-294, 9 November, 1987.
Ontario Municipal Board - approval - obtained
Note: By-law 87-294 is a consolidation of By-law 76-131-P as amended by
By-laws 78-180-P, 79-30-P, 80-46-P and 81-58-P. By-law 76-131-P as
amended by By-law 79-30-P established the boundaries of the Downtown
Improvement Area Board of Management and were approved by the On-
tario Municipal Board, January 28, 1977 andJanuary 24, 1979 respectively.
KITCHENER 70.5 NOVEMBER 1988
DOWNTOWN IMPROVEMENT AREA
SCHEDULE
Schedule 'A' - Map - Downtown Improvement Area
Downtown Kitchener Proposed BIA Changes Map.
By-law 2013-107, 26 August, 2013; Schedule 'A'.
OCTOBER 2013 70.6 KITCHENER