HomeMy WebLinkAbout By-law 1738/83THE CORPORATION OF THE TOWN OF PICKERING
BY-LAW NUMBER 1738/83
Being a by-law to authorize the execution
of an agreement with Her Majesty the Queen
in Right of Ontario as represented by the
Minister of Citizenship and Culture
WHEREAS Council has designated the Miller and Christian Houses
in the hamlet of Whitevale as being of historical and archi-
tectural interest; and
WHEREAS the Ministry of Citizenship and Culture has established
a program of providing grants for the maintenance and enhance-
ment of designated properties;
NOW THEREFORE the Council of the Corporation of the Town of
Picketing HEREBY ENACTS as follows:
The Mayor and Clerk are hereby authorized to execute
an Agreement, in the form attached hereto as Schedule
"A", between The Corporation of the Town of Pickering
and Her Majesty the Queen in Right of Ontario as
represented by the Minister of Citizenship and Culture.
BY-LAW READ a first, second and third time and finally PASSED
this 3rd day of October, 1983.
Ma!/or - (Acting)
Clerk
Schedule "A" to
By-law 1738/83
BETWEEN:
THIS AGREEMENT made as of the day of
,19g.
HER MA3ESTY THE QUEEN IN RIGHT OF
ONTARIO as represented by the
Minister of Citizenship and Culture
for the Province of Ontario,
(hereinafter called the "Ministry")
OF THE FIRST PART;
- and-
THE CORPORATION OF THE TOWN
OF P ICKERING
(hereinafter called the "Municipality")
OF THE SECOND PART.
WHEREAS the Ministry wishes to contribute financially to
the conservation of buildings of historical or architectural significance in the
Province of Ontario;
AND WHEREAS the Municipality desires to aid the Ministry
in furthering the above-mentioned goal;
AND WHEREAS the Ministry has established the Designated
Property Grants Program (hereinafter referred to as the "Program") of the Building
Rehabilitation and Improvement Campaign, the purpose of which is to reimburse
municipalities for certain grants made under the authority of sections 39 or #5 of
the Ontario Heritage Act, R.5.O. 1950~ c. 337; ·
NOW THEREFORE THIS AGREEMENT WITNESSETH that in
consideration of the premises and covenants contained herein, the parties agree as
follows:
-2-
1.0 INTERPRETATION
1.1 "Eligible Property" means land within the Municipality
which:
(a)
(b)
(c)
is owned or occupied by the applicant; and
is designated property under either Part IV or
Part V of the Ontario Heritage Act; and
is property which has not previously been the
subject of a grant under this Agreement within
the calender year in which the application is
made.
1.2 An "eligible project" is a proiect as defined in the
Designated Property Grants Program Guidelines, as provided from time to time by
the Ministry.
Where there is any dispute between the Ministry and the
Municipality as to whether a project is an eligible project, the decision of the
Ministry is final and binding on the parties.
1.3 "Expenses" means legitimate costs incurred in the course of
the eligible project but does not include the value represented by voluntary
contributions of time, labour, materials or other such things.
For the purposes of administering the Program, the
Municipality shall refer to the Designated Property Grants Program Guidelines, but
in the event of a conflict between a term of this Agreement and the Program
Guidelines, the provisions of this Agreement shall govern.
2.0
2.1
Agreement, the
GENERAL
Upon compliance by the Municipality with the terms of this
Ministry hereby agrees to pay the Municipality the amount
determined in paragraph 6.1.
The M.nici.alitv hereby a~r~
-3-
Agreement and perform the duties mentioned
professional manner.
herein in good faith and in a
3.0 APPLICATIONS
3.1 The Municipality shall, upon the request of an owner of land
within the Municipality or of a tenant of land acting with the written consent o~
the owner, provide and process applications for grants in respect of eligible
properties.
3.2 An application provided under paragraph 3.1 shall be in a
form substantially similar to that attached as Appendix "A" to this Agreement.
4.0 PROCESSING OF APPLICATIONS
0.1 The Municipality will process all applications received by
the. Municipality within a reasonable time.
0.2 Where the Municipality has appointed a Local Architectural
Conservation Advisory Committee under section 28 of the Ontario Heritage Act,
the Municipality shall refer all applications to the Local Architectural
Conservation Advisory Committee for comments and a recommendation.
0.3 A recommendation of a Local Architectural Conservation
Advisory Committee made under subparagraph 4.2 is not binding on the
Municipality.
The council of the Municipality, or a committee of council,
shall dispose of every application received under this Program and may approve an
application only if,
(a)
(b)
the application is made in respect of an eligible property;
the application is made in respect o~ an eligible project;
(c)
(d)
the application is supported by such photographs, sketches,
blueprints, plans or other documentation as the council
requires to judge the merits of the application; and
the application is made in respect of a project which has not
yet been commenced.
4.5 The council of the Municipality or the committee of council
shall not approve any application that does not meet the requirements listed in
paragraph ~.4.
4.6 An approval granted under paragraph 4.4 may be qualified
by limiting the amount of the grant payable in respect of the eligible proiect.
5.0 PAYMENT OF GRANT BY MUNICIPALITY
5.1 Subject to paragraphs 5.2 and 3.3, where the Municipality
has inspected a project and is satisfied that it has been completed in a satisfactory
manner, and where a claim for the payment of a grant has been submitted by the
applicant, the Municipality may pay to the applicant any amount it deems
reasonable, but the Province will reimburse the Municipality only the amount
stipulated in paragraph 6.1.
5.2 No payment shall be made under paragraph 3.1 unless the
claim for such payment is accompanied by invoices for expenses.
No payment shall be made under paragraph 5.1 unless the
Municipality is satisfied that the application, the project and the claim for
expenses are in conformity with this Agreement.
6.0 REIMBURSEMENT BY THE MINISTRY
6.1 Where the Ministry is satisfied that the Municipality has
processed an application and made a grant in accordance with this Agreement, it
shall reimburse the Municipality an amount equal to the lesser of:
(a)
-5-
the amount of the applicant's claim to a maximum of 50.°6 of
the total amount of the invoices submitted under paragraph
5.2, or
(b) $2,000.00,
together with 10% of the amount to offset the administrative costs of the
Municipality.
6.2 No reimbursement shall be made under paragraph 6.1 in
respect ola project unless,
(a)
(b)
the Municipality has complied with each and every provision
of this Agreement with respect to that proieet; and
the Municipality has completed and submitted claim Forms
'A' and 'B' attached hereto as Appendices 'B' and 'C'
respectively, or forms that are substantially similar thereto,
in respect of that project; and
(c) the Municipality has submitted a colour photograph
accurately depicting the completed project.
6.3 Notwithstanding paragraph 6.2 the Ministry may, in its
absolute discretion, reimburse the Municipality where it considers that such
reimbursement would be in keeping with the objectives of the Building
Rehabilitation and Improvement Campaign.
6.# A reimbursement made under paragraph 6.3 shall not exceed
the amount the Municipality Would have received but for its non-compliance with
this Agreement.
6.5 Claims by the Municipality for reimbursement may be
submitted to the Ministry in January and July only of each year.
6.6 The Ministry will endeavour to make payments to the
Municipality within 90 days of receipt by the Ministry of the completed claims.
-6-
6.7 All reimbursement is subject to the availability of funds in
the l~rogram~ and the Ministry reserves the right to make a pro rata distribution of
available funds to Municipalities based on claims submitted.
7.0 ACCOUNTING
7.1 The Municipality agrees to keep and maintain all records,
invoices and other documents relating to the Building Rehabilitation and
Improvement Campaign in a manner consistent with generally accepted accounting
principles and clerical practices.
7.2 The Municipality agrees that the Ministry and its agents
have the right, at any reasonable time, to inspect any documents in the possession
of or under the control of the Municipality and which relate to the Building
Rehabilitation and Improvement Campaign.
7.3 The right of inspection under paragraph 7.2 includes the
right to pergorm a gull or partial audit.
$.0 PUBLICITY
$.1 The Municipality
grants under this Agreement.
agrees to publicize the availability of
8.2 Publicity by the Municipality pursuant to paragraph 8.1 shall
refer to the grant as one made pursuant to the Building Rehabilitation and
Improvement Campaign, which will be identified as a provincially funded program.
9.0 TERMINATION
9.1 This Agreement will terminate on
unless terminated earlier pursuant to paragraph 9.2.
December 31, 1986,
-7-
9.2 This Agreement may be terminated by either party upon two
months notice in writing being given to the other party.
9.3 Any application made by the Municipality on behalf of
applicants during the term of this Agreement but not fully processed as set forth in
this Agreement prior to the termination of this Agreement shall be fully processed
as il this Agreement were still in force, provided that such claim is received by the
Ministry prior to 3anuary 3tst, 1988.
9.4 Notwithstanding paragraph 9.3, no payment will be made by
the Ministry after March 31, 1988.
IN WITNESS WHEREOF the parties hereto have hereunto se'c
their hands and seals.
SIGNED, SEALED and DELIVERED
HER MAJESTY THE QUEEN
IN RIGHT OF ONTARIO
as represented by:
Deputy Minister of Citizenship and
Culture for the Province
of Ontario, pursuant to delegated
authority
THE CORPORATION OF THE TOV~N
OF PICKERING
Per:
He~d of C~dn-cil
Clerk
Approved for signature of the Minister
APPENDIX A
Building Rehabilitation and
Improvement Campaign (BRIC)
Application for a Designated Property Grant
To be completed by applicant and returned to Municipal Clerk.
Note: In order to be e//g/b/e for this gran~, properties must be designated under The Ontario Heritage Act, 1974.
1. Applicant
Postal Code
2. Property for which application is being made
3. Under which part of The Ontario Heritage Act, 1974 is the property designated?
[] Part IV [] Part V
4. Have you previously received a Designated Property Grant for this property?
~] Yes [] No (If "Yes", give date and amount.) Date IAmoun~
5. Provide a description of the project proposal and cost breakdown. Enclose necessary drawings and/or photos.
Description
Cost
6, List other sources and amounts of funding requested for project
Federal
Provincial
Municipal
I certify that to the best of my knowledge the information provided in this application for a Designated Property Grant
is accurate and complete.
For Municipal U~e Only
To be completed by LACAC where established
Date of referral to LACAC
Project
[~Accepted
[] Not Accepted (reasons)
~-ACAC Chair person
Municipal Council Dec~sion
Project [] Accepted
[] Not Accepted (reasons)__
(Ministry of
Citizenship
and Culture
O~tario
APPENDIX B
Designated Property Grants
Claim Form"A" Individual Projects
1. Background 2. Property Address
Day
Application Received ..........
Council Approved ............
Project Completion ...........
Grant Payment ..............
Month Year
3. Provide a brief project description and list eligible costs
Costs
4. Amount of Grant paid (to a maximum of $2,000) ...................
5. Comments
6. Attachments
(a) Copy of by-law designating property to which grant has been paid;
(b) Photo(s) of completed proiect.
APPENDIX C