THE REGIONAL MUNICIPALITY OF PEEL |
BY-LAW NUMBER 34-2004 |
A by-law
to adopt estimates of all sums required during the year 2004 for the purposes
of the Regional Corporation and to provide a general levy and special
levies on Area Municipalities.
|
WHEREAS the Regional Corporation is required by Section 289(1) of the Municipal
Act, (hereinafter referred to as the "Act") to adopt yearly estimates
of all sums required during the year for the purposes of the Regional Corporation,
including the sums required by law to be provided by the Regional Council for
any local boards of the Regional Corporation;
AND WHEREAS Section 311 of the Act contemplates that a general upper-tier levy will be raised in each year and that a special upper-tier levy or special upper-tier levies (collectively the "Levy") may be raised in each year on some or all property in the upper-tier municipality rateable for upper-tier purposes;
AND WHEREAS the Council of the Regional Corporation has chosen to delegate to
the councils of the area municipalities its authority to establish tax ratios
for both regional and municipal purposes, in accordance with By-law 7-2004;
AND WHEREAS such delegation and Ontario Regulation 83/04 effectively prevents
the Council of the Regional Corporation from directing the council of each area
municipality to levy a separate specified tax rate in order to raise the general
upper-tier levy and any special upper-tier levy as otherwise contemplated in
Section 311 of the Act;
AND WHEREAS Section 311(11) and (12) of the Act provides that the Council of
the Regional Municipality of Peel shall ascertain and by by-law direct what
portion of the aforesaid amounts shall be levied against and in each area municipality,
on or before specified dates;
AND WHEREAS the cost of policing will be allocated so that the Cities of Mississauga
and Brampton will be levied for the cost of the Peel Regional Police, with the
allocation of costs to be levied on each municipality's pro rata share of the
combined transition ratio weighted assessment for the two municipalities in
accordance with the foregoing authority and in accordance with Ontario Regulation
83/04, as amended;
AND WHEREAS the Town of Caledon will be assessed the full cost of providing
municipal policing services by the Ontario Provincial Police in accordance with
the foregoing authority;
AND WHEREAS the Council of the Regional Corporation has adopted By-law 114-1994
which provides for the establishment of a Waste Management rate to be applied
to the weight of waste originating from sources within each area municipality
and based upon estimated tonnage amounts, to be requisitioned from each area
municipality at the same time as the Levy;
AND WHEREAS the difference between the Waste Management levy established for
the prior year based upon estimated tonnage amounts and estimated expenditure
amounts and the Waste Management levy that would have been established had the
actual tonnage and expenditure amounts for the prior year been used to calculate
the levy is to be corrected by an adjustment to the Waste Management levy to
be established for the current year;
AND WHEREAS the Regional Council has adopted By-law 8-2004 which enacted an
Interim Levy against the area municipalities for the year 2004;
AND WHEREAS the Council of the Regional Corporation has approved the 2004 Current
Budget by Resolution 2004-67, on February 12, 2004 and has authorized the enactment
of this by-law;
NOW THEREFORE, the Council of the Regional Corporation enacts as follows:
1. That a general upper-tier levy
in the sum of two hundred and ninety four million, four hundred and eighty three
thousand, five hundred and forty five dollars, ($294,483,545) be levied against
the area municipalities and that the area municipalities do pay the following
apportionment of that total:
City of Mississauga |
$ 191,532,302
|
City of Brampton |
$ 86,093,530
|
Town of Caledon |
$ 16,857,713
|
Total |
$ 294,483,545
|
2. That special upper-tier levies for Peel Regional Police purposes in the Cities of Brampton and Mississauga and for Ontario Provincial Police purposes in the Town of Caledon in a total amount of two hundred and two million, nine hundred and ten thousand, two hundred and eighty two dollars ($202,910,282) be levied against the area municipalities and that the area municipalities do pay the following:
City of Mississauga |
$ 135,254,941
|
City of Brampton |
$ 60,796,927
|
Town of Caledon |
$ 6,858,414
|
Total |
$ 202,910,282
|
3. That special upper-tier levies for waste management purposes based upon the
estimated weight of waste originating within each area municipality in a total
amount of fifty nine million, six hundred and six thousand, one hundred and
seventy three dollars ($59,606,173) be levied against the area municipalities
on a Waste Management Rate of $140.31 per tonne of estimated weight managed
by the Waste Management System and that the area municipalities do pay the following:
City of Mississauga |
$ 36,921,852
|
City of Brampton |
$ 18,637,062
|
Town of Caledon |
$ 4,047,259
|
Total |
$ 59,606,173
|
4. That the net consolidated general upper-tier levy and special upper-tier
levies against each area municipality totalling five hundred and fifty seven
million dollars, ($557,000,000) shall be as follows:
City of Mississauga |
$ 363,709,095
|
City of Brampton |
$ 165,527,519
|
Town of Caledon |
$ 27,763,386
|
Total |
$ 557,000,000
|
5. That the area municipalities shall be entitled to deduct from the consolidated levies in section 4 those monies, excluding interest, previously billed on the Interim Levy pursuant to By-law 8-2004 of the Regional Corporation as follows:
City of Mississauga |
$ 170,564,264
|
City of Brampton |
$ 75,509,514
|
Town of Caledon |
$ 12,926,221
|
Total |
$ 258,999,999
|
so that the balance owing from each area municipality shall be:
City of Mississauga |
$ 193,144,831
|
City of Brampton |
$ 90,018,005
|
Town of Caledon |
$ 14,837,165
|
Total |
$ 298,000,001
|
6. That the balance owing be paid to the Regional Corporation in accordance with the following schedule one day after the area municipality's Tax Bill Instalment Due Date to be established by area municipal by-law pursuant to s.342 of the Act:
Due Date
|
City of Mississauga
|
City of Brampton
|
Town of Caledon
|
Non capped classes - 1st instalment |
$42,222,237
|
$21,856,606
|
$6,748,086
|
Non capped classes - 2nd instalment |
$42,222,237
|
$21,856,606
|
$6,748,086
|
Non capped classes - 3rd instalment |
$42,222,236
|
$21,856,605
|
--
|
Capped classes - 1st instalment |
$22,159,374
|
$8,149,396
|
$670,497
|
Capped classes - 2nd instalment |
$22,159,374
|
$8,149,396
|
$670,496
|
Capped classes - 3rd instalment |
$22,159,373
|
$8,149,396
|
--
|
Total |
$193,144,831
|
$90,018,005
|
$14,837,165
|
7. That any amounts not received by the Region's bank via electronic funds transfer
by the due date, or by the Regional Corporation before the close of business
on the due date, that being 4:30 p.m., to allow the Region to receive value
for the funds on that day, shall bear interest at a rate equivalent to the Region's
lead bank's prime rate on the due date plus one and one half percent per annum
to a maximum rate of fifteen percent per annum from the date that payment is
due to the date that it is received.
8. That the Treasurer and Commissioner of Finance is hereby directed and authorized
to do all acts necessary to collect these levies.
READ THREE TIMES AND FINALLY PASSED
IN OPEN COUNCIL this 22nd day of April, 2004.
C.
Gravlev ________________________ Regional Clerk |
E.
Kolb ______________________ Regional Chair |