THE CORPORATION OF THE VILLAGE OF MONTROSE

 

BYLAW #  545    

 

A BYLAW TO ESTABLISH A TAX AND UTILITIES PREPAYMENT PLAN.

 

                        WHEREAS Part 11  of the Municipal Act (RSBC Chapter 323) authorizes the Council of the Village of Montrose to receive money for taxes before the due date and to provide terms for accepting and holding the money, including interest on it and its rate,

 

                        NOW THEREFORE, the Council of the Village of Montrose, in open meeting assembled, hereby ENACTS AS FOLLOWS:

 

SHORT TITLE

 

1.     (1)   This Bylaw may be cited as the “TAX AND UTILITIES PREPAYMENT PLAN

               BYLAW.”

            PLAN REGULATIONS

 

2.     (1) The Council hereby establishes a monthly preauthorized Tax and Utilities

Prepayment Plan (hereinafter referred to as “the Plan”) for taxpayers of the

Village.

 

(2)    The Plan shall be renewable annually, and the plan cycle shall commence on July 1st  of each year.

 

(3)   The payment date for instalments under the Plan may be established by Council

              resolution from time to time.

 

3.   (1)   Taxpayers may subscribe to the Plan by submitting an application in a form pre-

              scribed by the Village from time to time.

 

(2)   Monthly instalments payable under the terms of the Plan shall be determined in-

        dividually for each participating taxpayer in the following manner:

 

        (i)      one twelfth of the last invoice property taxes, net of Home Owners Grant

                  (where applicable), plus

        (ii)     one twelfth of the last invoice utility user rates, plus

        (iii)    a percentage addition, to be determined from time to time, to compensate

                  for an anticipated increase in taxes and/or user fees.

 

(3)   The schedule of Plan instalments shall consist of eleven (11) equal payments

        calculated pursuant to this section and one (1) final instalment, being the outstanding balance remaining on the tax account at the time current taxes are invoiced.

 

4.   (1) The Collector may accept a new subscription to the Plan at any time.  Where the

              Collector accepts a new subscription after the start of a Plan cycle, the number of instalments and amount of each instalments shall be calculated pursuant to the formula established in this Bylaw and in proportion to the number of months remaining in the current Plan cycle.

 

5.     (1)   The Collector may cancel the continued participation in the Plan by any taxpayer                            if two consecutive installments fail to be honored by a financial institution.

 

PAYMENTS AND INTEREST

 

6.      (1)    Payments under the Plan may be made by:

 

(i)   preauthorized direct transfer to a Village account, or

(ii) postdated cheques deposited with the Village, or

 

(2)  Monthly installments shall not be less than ten dollars ($10.00).

 

     (3)  Monthly instalments shall not be more than the amount determined by the formula

            established in this Bylaw.

 

7.  (1)  The Collector shall establish a prepayment account for each participant in the Plan

            for the purpose of accumulating all payments and all interest credits.

 

     (2)   The Collector shall draw from each participant’s prepayment account the amount

            necessary to pay his/her utility user  account in full prior to the date of invoicing user fees.

 

      (3) The Collector shall draw the full balance of each participant’s prepayment account             and apply that amount as a prepayment to the participant’s tax account                                      immediately prior to the date of invoicing property taxes.

 

8.     (1) Council shall, by policy, establish the interest rate payable under the Plan.

 

WITHDRAWAL FROM THE PLAN

 

9.     (1) A participant may, for any reason and on written request to the Village, terminate                                               participation in the Plan at any time.

 

(2)  Where the Collector receives a written request of cancellation, the Collector shall

            apply the full balance of the prepayment account to the tax account of the                                          participant.

 

 

(1)   Notwithstanding section 9(2) of this Bylaw, where a participant submits a written

request for termination on the grounds that the property has been sold, and proof is  provided with the request that the sale is completed, the Collector shall refund to such participant the full balance of the prepayment account, including accrued interest.

 

 ENACTMENT

 

11. (1)  This Bylaw shall come into full force and effect on July 1, 1999

 

READ A FIRST TIME                                                                this 27th day of April, 1999

READ A SECOND TIME                                                               this 4th day of May, 1999

READ A THIRD TIME                                                                 this 18th day of May, 1999

RECONSIDERED AND FINALLY ADOPTED                             this 1st day of June, 1999

 

 

 

__________________________________           ________________________________

Mayor                                                                 Village Clerk

 

Certified a true copy of Bylaw #545, as adopted.

 

 

 

_________________________________

André  Carrel, Village Clerk