BY-LAW NUMBER 38-2015 OF THE CORPORATION OF THE MUNICIPALITY OF CHATHAM-KENT
. BY-LAW NUMBER 38-2015
Purpose and Objectives
a) The objective of each BIA shall be to oversee the improvement, beautification and maintenance of municipally-owned land, buildings and structures in the area, beyond that provided at the expense of the municipality generally; and to promote the area as a business or shopping area.
b) In all instances, each BIA shall operate in conformity with the provisions of the Municipal Act, 2001, this By-law and any other By-law of the Municipality which applies to it.
3. Eligibility for Membership
a) Every individual, partnership or corporation that is assessed with respect to property in a prescribed business property class within an area designated as a BIA, and tenants of such property, is a Member of the BIA.
b) Each Member is entitled to one vote regardless of the number of properties that the Member may own or lease.
c) Any individual or corporation not a Member of the BIA, may join the BIA as an
Associate Member upon approval of the Board of Management. An Associate Member may attend the Annual General Meeting and meetings of the Board of Management, volunteer with the BIA, and take part in BIA discussions. The only limits on an Associate Member are that such a Member is not permitted to vote at an Annual General Meeting or to be appointed as a Director of the Board of Management.
d) Every Member who is a tenant shall register with the BIA in accordance and on terms as established by the Board of Management.
b) The Boards of Management continued under section 4 of this By-law shall consist of a minimum of three and a maximum of ten Directors. c) All Directors of the Board of Management are appointed by Council.
d) Council shall appoint Directors in the following manner:
(i) One Director shall be a member of Council for the Ward within which the BIA is located.
(ii) Two to nine additional Directors shall be Members of the BIA, with the actual number set from time to time by the Members at an Annual General Meeting.
(iii) The Members of a BIA, at their Annual General Meeting, shall elect a minimum of two and a maximum of nine Members, whose names shall then be submitted to the Municipal Clerk on a form prescribed by the Clerk for that purpose, as a recommendation.
(iv) Council may appoint those so recommended or other Members as Directors.
e) A quorum for conducting any meeting of the Board of Management shall consist of a majority of Directors.
Each Board of Management shall submit to the Clerk of the Municipality, on or before May 31 each year, the following:
- An audited financial statement for the prior year;
- compliance with WSIB
- Insurance and registration with CRA
- A list of all tenants who are members of the BIA, provided however that a failure to name a tenant on this list shall not prevent a tenant from exercising any right provided under this Bylaw or the Municipal Act, 2001, s.o. 2001, c. 25.
b) Each Board of Management shall:
Authorize all expenditures in accordance with the budget established for the current fiscal year as approved by Council.
Report to the BIA’s Members on its actions affecting the administration, activities and policies of the BIA at all Members’ meetings.
(iii) Determine the time and place of all BIA meetings (except for committees), have authority to calt any special meetings it deems necessary and provide notice to the public of all BIA meetings (including for committees).
13 a) There shall be no voting by proxy at meetings of the Board of Management or any committees established by the Board of Management.
b) There shall be no voting by proxy at meetings of Members, including an Annual General Meeting.
14. Corporate Appointees
c) A corporate Member or a member that is a partnership may nominate in writing one individual to vote on its behalf. The Board of Management may require the nomination in a form approved by the Municipal Clerk, which form shall be provided to the Board of Management not less than three (3) business days prior to the meeting at which the individual will vote. More than one corporate Member may nominate the same person to vote on its behalf, in which case such Member shall have the same number of votes as he or she has corporate nominations.