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CITY OF BARRIE ACT CHARGES FOR 685 YONGE STREET
Craig Millar, Director of Finance provided additional information related to the City of Barrie Act and the charges applied to the Tax Certificate for 685 Yonge Street. Mr. Millar advised that correspondence and supporting documentation was provided to the representative of 685 Yonge Street prior to the meeting with respect to the City of Barrie's authority to apply the City of Barrie Act charges for 685 Yonge Street.
Brendan Ruddick, a representative for 685 Yonge Street, advised he had provided written correspondence with further comments to his Open Delegation he provided at the February 5, 2019 Finance and Corporate Services Committee meeting. Mr. Ruddick asked to address the Report provided by staff dated April 3, 2019 concerning the legal authority for the City of Barrie Act charges of 685 Yonge Street.
Mr. Ruddick stated that his client had requested documents to support the City's legal authority to impose the City of Barrie Act charges for 685 Yonge Street by providing the related By-law passed or the delegated authority specific to that property approved by Council. Mr. Ruddick indicated that it was his opinion that the supporting documentation provided by staff did not provide the legal authority to impose the charge and that staff provided a general by-law and delegated authority related to the cost of services. He stated that he believes the City or its delegates cannot exercise that authority with a general by-law or delegated authority and that a specific by-law to allow the City to impose those charges must be passed. Mr. Ruddick noted that neither the Report nor By-law referenced the City of Barrie Act, the school board recovery of costs or the delegation of authority.
In conclusion, Mr. Ruddick summarized his opinion that the City has no basis to impose the City of Barrie Act charges on his client's property and his view is that the general delegation of authority cannot be relied ...
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