THE REGIONAL MUNICIPALITY OF PEEL
 
BY-LAW NUMBER 31-2007
 

A by-law to adopt estimates of all sums required during the year 2007 for the purposes of the Regional Corporation and to provide a general levy and special levies on lower-tier municipalities.

WHEREAS the Regional Corporation is required by Section 289(1) of the Municipal Act, 2001 (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 lower-tier municipalities its authority to establish tax ratios for both regional and municipal purposes, in accordance with By-law 13-2007;

AND WHEREAS such delegation effectively prevents the Council of the Regional Corporation from directing the council of each lower-tier 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 lower-tier 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 regulation 127/07, 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 lower-tier municipality and based upon estimated tonnage amounts, to be requisitioned from each lower-tier 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 the Waste Management levy that would have been established had the actual tonnage for the prior year been used to calculate the levy is to be included in the current year's Waste management levy;

AND WHEREAS the Council of the Regional Corporation has adopted By-law 60-2006 which enacted an Interim Levy against the lower-tier municipalities for the year 2007;

AND WHEREAS the Council of the Regional Corporation by resolution passed on March 8, 2007 authorized the enactment of a by-law to approve the 2007 Current Budget;

NOW THEREFORE BE IT RESOLVED THAT the Council of the Regional Corporation enacts as follows:

  1. That a general upper-tier levy in the sum of three hundred and fifty seven million, two hundred and seventy nine thousand, eight hundred and eighty two dollars, ($357,279,882) be levied against the lower-tier municipalities and that the lower-tier municipalities do pay the following apportionment of that total:

City of Mississauga

$ 223,911,797
City of Brampton
$ 112,982,373
Town of Caledon
$ 20,385,712
Total
$ 357,279,882
===========
  1. 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 fourty eight million, three hundred and fourty three thousand, four hundred and eighty one dollars ($248,343,481) be levied against the lower-tier municipalities and that the lower-tier municipalities do pay the following:

City of Mississauga

$ 159,623,814
City of Brampton
$ 80,543,667
Town of Caledon
$ 8,176,000
Total
$ 248,343,481
===========
  1. That special upper-tier levies for waste management purposes based upon the estimated weight of waste originating within each lower-tier municipality in a total amount of seventy four million, nine hundred and twenty thousand, six hundred and thirty seven dollars ($74,920,637) be levied against the lower-tier municipalities on a Waste Management Rate of $163.58 per tonne of estimated weight managed by the Waste Management System and that the lower-tier municipalities do pay the following:

City of Mississauga

$ 43,869,982
City of Brampton
$ 27,417,969
Town of Caledon
$ 3,632,686
Total
$ 74,920,637
===========
  1. That the net consolidated general upper-tier levy and special upper-tier levies against each lower-tier municipality totalling six hundred and eighty million, five hundred and fourty four thousand dollars, ($680,544,000) shall be as follows:

City of Mississauga

$ 427,405,593
City of Brampton
$ 220,944,009
Town of Caledon
$ 32,194,398
Total
$ 680,544,000
===========
  1. That the lower-tier 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 60-2006 of the Regional Corporation as follows:

City of Mississauga

$ 202,176,807
City of Brampton
$ 100,287,621
Town of Caledon
$ 16,285,570
Total
$ 318,749,998
===========

so that the balance owing from each lower-tier municipality shall be:

City of Mississauga

$ 225,228,786
City of Brampton
$ 120,656,388
Town of Caledon
$ 15,908,828
Total
$ 361,794,002
===========
  1. That the balance owing be paid to the Regional Corporation in accordance with the following schedule one day after the lower-tier municipality's Tax Bill Instalment Due Date to be established by lower-tier 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
$49,979,616
$29,908,170
$6,892,383
Non capped classes - 2nd instalment
$49,979,616
$29,908,170
$6,892,383
Non capped classes - 3rd instalment
$49,979,615
$29,908,171
---
Capped classes - 1st instalment
$25,096,646
$10,310,626
$1,062,031
Capped classes - 2nd instalment
$25,096,646
$10,310,626
---
Capped classes - 3rd instalment
$25,096,647
$10,310,625
$1,062,031
Total
$225,228,786
==========
$120,656,388
==========
$15,908,828
==========
  1. 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.

  2. 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 PASSED IN OPEN COUNCIL this 19th day of April, 2007.

 

C. Gravlev
________________________

Regional Clerk

E. Kolb
______________________

Regional Chair