BYLAW - Exempt Aurora Sports Dome from taxes - 20171212 - 603617The Corporation of the Town of Aurora
By-law Number 6036-17
Being a By-law to exempt municipal capital facility lands
(Aurora Sports Dome) from taxes.
Whereas section 110 of the Municipal Act, 2001, S.O. 2001, c. 25, as amended, (the
"Act") permits a municipality to enter into agreements for the provision of municipal
capital facilities;
And whereas under subsection 110(6) of the Act, the council of a municipality may
exempt from all or part of the taxes levied for municipal and school purposes land or a
portion of it on which municipal capital facilities are or will be located that is subject to a
municipal capital facility agreement;
And whereas The Corporation of the Town of Aurora (the "Town") owns lands known
as the Lambert Wilson Park, Tax Roll # 1946-000-021-51000-0000 (the "Park");
And whereas the Aurora Sports Dome facility is part of and within the Park and more
particularly located on lands described as all and singular those certain parcels or tracts
of land and premises situate, lying and being in the Town of Aurora, in the Regional
Municipality of York and being composed of Part of Lot 103, Plan 246, Aurora; Lot 82,
Concession 1, Whitchurch, Part 1 on Plan 65R-20476, Town of Aurora, Regional
Municipality of York, being PIN 03641-1666 (LT) (the "Lands");
And whereas on July 21, 2005, the Town and 1651883 Ontario Inc., operating as
Aurora Sports Dome ("Aurora Sports Dome"), entered into an agreement granting the
Aurora Sports Dome the exclusive use of the Lands to provide and operate a soccer
dome facility (the "Sports Dome Agreement");
And whereas on July 11, 2017, the Town of the Council declared by resolution that the
Aurora Sports Dome, located on the Lands, is a municipal capital facility for the
purposes of the municipality and for public use, pursuant to Report No. PRCS17-027
and Ontario Regulation 603/06 and authorized execution of a municipal capital facility
agreement with respect to the Lands;
And whereas the Town Clerk gave written notice to the Minister of Finance, as required
under subsection 110(5) of the Act, upon the passing of By-law Number 6002-17
permitting the Town to enter into an agreement under section 110 of the Act;
And whereas on November 17, 2017, the Town and the Aurora Sports Dome, entered
into a capital facility agreement (the "Municipal Capital Facility Agreement");
And whereas the Council of the Town deems it necessary and expedient to exempt the
Lands from taxes levied for municipal and school purposes as a municipal capital
facility;
Now therefore the Council of The Corporation of The Town of Aurora hereby
enacts as follows:
1. Council hereby designates the Lands and all improvements thereto forming the
subject matter of the Municipal Capital Facility Agreement and the Sports Dome
By-law Number 6036-17
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Agreement as a municipal capital facility of the Town, used as a municipal
community centre that is primarily used for local community activities and also a
facility used for recreational purposes that will be owned by the Town upon
reversion of the Lands to the Town and that has been declared to be for the
purposes of the municipality and public use, and confirms the Municipal Capital
Facility Agreement by which such designation is implemented.
2. The Lands be and are hereby exempt from the taxes levied for municipal and
school purposes and shall be so exempt until the earliest of:
(a) the expiry or termination of the Municipal Capital Facilities Agreement;
and
(b) the day the Lands cease to be used as a municipal capital facility as that
term is defined in Ontario Regulation 603/06, as amended.
3. Upon the passing of this By-law, the Town Clerk shall give written notice of the
contents of this By-law as required under subsection 110(8) of the Act.
4. This By-law shall come into full force and effect on January 1, 2018.
Enacted by Town of Aurora Council this 12th day of December, 2017.
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Michael de Rond, Town Clerk