|THE REGIONAL MUNICIPALITY OF PEEL|
|BY-LAW NUMBER 44-2002|
|A by-law to repeal By-law 76-1996 and authorize the construction of a local improvement sanitary sewer for a distance of 181 metres (593 feet) on Hurontario Street from Roycrest Street to 11541 Hurontario Street, in the City of Brampton and to impose Sanitary Sewer rates for same.|
WHEREAS the owners of properties abutting Hurontario Street, more specifically house numbers 11541, 11495, 11483 and 11482 Hurontario Street in the City of Brampton, petitioned for the construction of a sanitary sewer (hereinafter referred to as the "Original Works");
AND WHEREAS during construction of the Original Works the owner of a property abutting Hurontario Street, more specifically house number 11479 Hurontario Street, in the City of Brampton, petitioned to extend the Original Works (hereinafter referred to as the "Extended Works");
AND WHEREAS the Original Works together with the Extended Works, as set out in Schedule A attached hereto, shall hereinafter be referred to as the "Works";
AND WHEREAS, the Regional Clerk has certified that the petition for the Works is sufficient pursuant to the requirements set out in the Local Improvement Act, R.S.O. 1990, Chapter L.26, as amended, hereinafter referred to as "the Act";
AND WHEREAS, the Council of the Regional Corporation by Resolution 96-596 on the 13th day of June 1996, authorized the construction of the Original Works under Project 96-2030 and the imposition of a special assessment rate against affected property owners pursuant to the Act;
AND WHEREAS, the Council of the Regional Corporation has by Resolution on the 11th day of July, 2002 authorized the construction of the Extended Works under Project 96-2030 and for the imposition of a special assessment rate against affected property owners pursuant to the Act;
NOW THEREFORE, the Council of the Regional Corporation enacts as follows:
1. That the Regional Corporation shall construct the Works at total cost of $76,106.98.
2. That the Works shall be constructed in accordance with the provisions set out in the Act.
3. Commissioner of Public Works or the Regional Corporation's consulting engineer shall take such action as may be necessary for the preparation of a contract or contracts for the execution of the Works under their supervision.
4. That pursuant to Section 24 of the Act, the total cost of the Works shall be financed as follows:
a) the amount of $39,748.48 being the Regional Corporation's share of the total costs of the Works, shall be financed entirely by the Regional Corporation;
b) the amount of $36,358.50 being the owners' share of the total cost of Works, shall be paid as follows:
i) by a special assessment levied upon the lands abutting the Works at a rate of $155.00 per metre ($47.24 per foot) of assessable frontage, as set out in Schedule B attached hereto, which rate with interest thereon at 5.54% per annum for fifteen (15) years shall be payable in fifteen (15) equal annual instalments of $15.49 per metre of assessable footage;
ii) by special assessment levied upon the lands abutting the works at a rate of $1,550.00 per residential connection and at a rate of $1,850.00 per commercial lot connection, as set out in Schedule B attached hereto, which rate with interest thereon at 5.54% per annum for fifteen (15) years shall be payable in fifteen (15) equal annual instalments.
5. Certain adjustments may be made in the frontage assessment in the following cases:
a) corner lots which have two sides abutting the Works may have one side treated as flankage and an appropriate reduction in the special assessment would be made;
b) if the flankage should in the future become frontage, (e.g. by means of a division of land) the frontage so created shall be liable to full frontage special assessment;
c) If any of the properties affected by this by-law are severed before the end of the fifteen (15) year period referred to herein, the newly created lot shall also be subject to the special assessment established in this by-law as if the lot was in existence on the date of this by-law is passed.
d) reduction or increases in the frontage special assessment may be made in the case of irregularly shaped lots (e.g. pie shape, having curved frontages, etc.) having regard to the situation, value and superficial area of the lots as compared with other lots; and
e) reduction may be made in the case of lots which for any reason are wholly or in part unfit for building purposes.
f) Notwithstanding the provisions of this by-law, no special assessment is payable for any lot which, in the opinion of the Commissioner of Public Works, is completely unbuildable by reasons of dimensions or topography.
6. That any person whose lot is specially assessed may commute for payment in cash the special assessment imposed thereon, by paying the portion of the cost of the construction and connection fee assessed upon such land without interest within a time specified by the Regional Corporation before the special assessment roll has been certified by the Regional Clerk; and at any time thereafter by paying a sum sufficient to pay the special rate assessed in paragraph 4 (b) in full.
7. That By-law 76-96 is hereby repealed.
READ THREE TIMES AND FINALLY PASSED IN OPEN COUNCIL this 11thth day of July,
Acting Regional Clerk
Acting Regional Chair
Schedules A and B are available at the Clerk's department.