Document 1
BY-LAW
NO. 2012-
A by-law of the City of Ottawa to designate certain lands as a
municipal capital facility.
WHEREAS
Section 110 of the Municipal Act, 2001, S.O., c.25, as amended
(the “Municipal Act, 2001”) permits a municipality to enter into Agreements for
the provision of municipal capital facilities;
AND
WHEREAS Section 110 of the Municipal Act, 2001 permits a Council of a
municipality to designate lands within the classes of lands described in
Ontario Regulation 603/06 as a municipal capital facility and may exempt the
facilities from taxation for municipal and school purposes;
AND
WHEREAS 16 Rowley Avenue is the location of municipal capital facilities, where
the property owned by the City is used for cultural purposes, for the purposes
of the City and are for public use;
AND
WHEREAS the City and Nepean Museum have entered into a Municipal
Capital Facilities Agreement dated ,
2012 substantially in the form attached as Schedule “B” describing the facilities
used for cultural purposes, for the purposes of the City and for public use, to
be exempt from taxes for municipal and school purposes;
AND
WHEREAS City Council, on , 2012
approved the above Agreement and the passing of a by-law to designate 16 Rowley
Avenue as municipal capital facilities;
THEREFORE
the Council of the City of Ottawa enacts as follows:
1. The
Council hereby designates the facilities more particularly described on
Schedule “A” (the “Lands”) and all improvements thereto located at 16 Rowley
Avenue in the City of Ottawa and as municipal capital facilities for cultural
purposes of the City and confirms the Agreement between the City and Nepean
Museum, by which such designation is implemented, and which
Agreement is attached as Schedule “B” to this by-law.
2. The
municipal capital facilities located on the Lands which are owned by the City
and used for the purposes of the City for cultural purposes are hereby exempted
from taxation for municipal and school purposes for the period January 1, 2012
to December 31, 2031 or until such time as the City ceases to use the Lands as
a municipal capital facility as that term is definite in Ontario Regulation
603/06, whichever occurs first.
ENACTED
AND PASSED this day of , 2012.
CITY
CLERK MAYOR
SCHEDULE
“A”
Legal Description of Lands
municipally known as 16 Crowley Avenue
PIN: 04676-0136
LTS 32, 33, 34, 51 & 52,
PL 338104; Nepean
Document 2
THIS AGREEMENT dated the day
of , 2012.
BETWEEN:
CITY
OF OTTAWA
(hereinafter referred to as the “City”)
AND:
NEPEAN
MUSEUM
(hereinafter referred to as “Museum”)
WHEREAS:
A. The City
owns the lands known municipally as 16 Rowley Avenue in the City of Ottawa,
which lands are more particularly described in Annex “A” hereto (the
“Lands”);
B. The
City has entered into a Service Agreement with the Museum to provide for the
use of the lands for cultural purposes;
C. The Museum
wishes, pursuant to Section 110 of the Municipal Act, 2001, to enter into an
Agreement with the City for use of the Lands as municipal capital facilities;
and
D. The
City wishes, pursuant to Section 110 of the Municipal Act, 2001, to exempt the
Lands from taxation for municipal and school purposes;
E. The Lands
will be used for municipal cultural purposes, thus
qualifying the Lands as cultural purpose class of municipal capital facilities
described in Ontario Regulation 603/06;
THEREFORE,
in consideration of the making of this Agreement and the mutual covenants
contained herein, the parties undertake, covenant and agree as follows:
DESIGNATION
1. The City will by by-law (substantially
in the form attached as Annex “B”) designate the Lands a
municipal capital facilities.
TERM
2. The
term of this Agreement and the designation of the Lands as municipal capital
facilities shall be from January 1, 2012 to the earliest of:
(a) December 31, 2031; and
(b) the day the
Museum cease to use the Lands;
(c) the day the
City ceases to use the Lands as municipal capital facilities as that term is
described in Ontario Regulation 603/06 or amendments thereto.
TAX EXEMPTION
3. The
City shall, pursuant to subsection 110(6) of the Municipal Act, 2001, exempt
the Lands from property taxation for municipal and school purposes.
ZONING
4. For
the purposes of clarity, the City acknowledges and agrees that neither this
Agreement nor the proposed by-law shall in any way affect the zoning of the
Lands or the permitted uses of the Lands under applicable laws.
REGISTRATION
5. The
by-law referred to in section 1 of this Agreement shall be registered by the
City on title of the Lands.
OBLIGATIONS AS COVENANTS
6. Each obligation expressed in this
Agreement, even though not expressed as a covenant, is considered to be a
covenant for all purposes.
ENTIRE AGREEMENT
7. This Agreement contains all the
covenants, Agreements and understandings between the parties concerning its
subject matter.
ENUREMENT
8. This Agreement shall enure to the
benefit of and be binding upon the parties hereto and their respective
successors and assigns.
PARTIAL INVALIDITY
9. If any provision of this Agreement or
the application of it to any person or circumstances is held to any extent
invalid or unenforceable, the remainder of this Agreement or the application of
the provisions to persons or circumstances other than those as to which it is
held invalid or unenforceable is not affected.
FURTHER
ASSURANCES
10. The parties shall do and execute all such
further acts, deeds, instruments or things as may be necessary or desirable for
the purpose of carrying out the intent of this Agreement.
IN WITNESS WHEREOF the
parties hereto have duly executed this Agreement.
CITY
OF OTTAWA
Per:
Name: Steve Kanellakos
Title: Deputy City Manager,
Community and Protective
Services
NEPEAN MUSEUM
Per:
Name:
Title:
I
have authority to bind the Museum.
NEPEAN
MUSEUM
Per:
Name:
Title:
I
have authority to bind the Museum.