|THE REGIONAL MUNICIPALITY OF PEEL|
|BY-LAW NUMBER 46-2005|
A by-law to adopt estimates of all sums required during the year 2005 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 35-2005;
AND WHEREAS such delegation 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 a regulation to revoke and be substituted for 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 Council of the Regional Corporation has adopted By-law 1-2005 which enacted an Interim Levy against the area municipalities for the year 2005;
AND WHEREAS the Council of the Regional Corporation has approved the 2005 Current Budget by Resolution 2005-211, on March 10, 2005 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 three hundred and thirteen million, one hundred and twenty nine thousand, eight hundred and sixty one dollars, ($313,129,861) be levied against the area municipalities and that the area municipalities do pay the following apportionment of that total:
City of Mississauga $ 201,058,836 City of Brampton $ 94,198,203 Town of Caledon $ 17,872,822 Total $ 313,129,861
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 eighteen million, nine hundred and fifty two thousand, two hundred and sixty three dollars ($218,952,263) be levied against the area municipalities and that the area municipalities do pay the following:
City of Mississauga $ 144,119,666 City of Brampton $ 67,521,597 Town of Caledon $ 7,311,000 Total $ 218,952,263
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 sixty three million, eight hundred and seventeen thousand, eight hundred and seventy six dollars ($63,817,876) be levied against the area municipalities on a Waste Management Rate of $136.89 per tonne of estimated weight managed by the Waste Management System and that the area municipalities do pay the following:
City of Mississauga $ 37,364,090 City of Brampton $ 21,831,457 Town of Caledon $ 4,622,329 Total $ 63,817,876
4. That the net consolidated general upper-tier levy and special upper-tier levies against each area municipality totalling five hundred and ninety five million, nine hundred thousand dollars, ($595,900,000) shall be as follows:
City of Mississauga $ 382,542,592 City of Brampton $ 183,551,257 Town of Caledon $ 29,806,151 Total $ 595,900,000
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 1-2005 of the Regional Corporation as follows:
City of Mississauga $ 181,854,547 City of Brampton $ 82,763,759 Town of Caledon $ 13,881,693 Total $ 278,499,999
so that the balance owing from each area municipality shall be:
City of Mississauga $ 200,688,045 City of Brampton $ 100,787,498 Town of Caledon $ 15,924,458 Total $ 317,400,001
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 $44,362,257 $24,679,205 $6,910,236 Non capped classes - 2nd instalment $44,362,257 $24,679,205 $6,910,237 Non capped classes - 3rd instalment $44,362,257 $24,679,204 -- Capped classes - 1st instalment $22,533,758 $8,916,628 $1,051,993 Capped classes - 2nd instalment $22,533,758 $8,916,628 $1,051,992 Capped classes - 3rd instalment $22,533,758 $8,916,628 -- Total $200,688,045 $100,787,498 $15,924,458
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 14th day of April, 2005.