HomeMy WebLinkAboutBy-law 1644/83THE CORPORATION OF THE TOWN OF PICKERING
BY-LAW NO. 1644/83
Being a by-law to amend By-law 1311/81
authorizing the construction of roadways,
storm sewers and a watercourse system as
local improvements under the provisions of
sections 7, 11 and 68 of the Local
Improvements Act.
WHEREAS, on September 21st, 1982 pursuant to the provisions of the
Local Improvement Act, R.S.O. 1980, chapter 250, the Council of the
Corporation of the Town of Pickering enacted By-law 1311/81, author-
izing the construction of certain services and providing for the
financing thereof; and
WHEREAS the Ontario Municipal Board approved By-law 1311/81 by Order
dated September 9th, 1981 (O.M.B. fil E81914); and
WHEREAS it is deemed desirable to amend By-law 1311/81, as approved
to reflect actual costs of construction and revised financing thereof;
NOW THEREFORE the Council of the Corporation of the Town of Pickering
HEREBY ENACTS as follows:
1. Sections 1, 2, 3 and 4 of By-law 1311/81 are hereby revoked and the
following substituted therefor:
(1)
A roadway shall be constructed on Clements Road from
Squires Beach Road, 412 metres westerly to the west limit
of Registered Plan M-1040 at a cost of $172,526.87 as a
local improvement under the provisions of the Local
Improvement Act.
(2)
The entire cost of the works referred to in subsection (1)
shall be specially assessed upon land abutting directly
on the works and immediately benefitting therefrom; the
entire cost shall be assessed and levied on the ratable
property fronting on the north side of Clements Road from
a point approximately 76.2 metres west of Squires Beach
Road to the west limit of Registered Plan M-1040 and
fronting on the south side of Clements Road from a point
approximately 76.2 metres west of Squires Beach Road to
the west limit of Registered Plan M-1040 attached hereto
as Appendix "A", which is hereby defined as a local
improvement area pursuant to section 68 (1) of the Local
Improvement Act, and paid by an annual rate of $52.83
per metre on the land specially assessed.
(1)
A roadway shall be constructed on Squires Beach Road from
a point 259 metres north of the north streetline of
Clements Road to McKay Road at a cost of $450,607.04 as
a local improvement under the provisions of the Local
Improvement Act.
(2)
The Town shall assume a portion of the total cost being
one-third of the cost of roadway construction from
Clements Road to McKay Road fixed at $98,243.96; the
remaining cost of the above works is to be specially
assessed by area upon land abutting directly on the works
and immediately benefitting therefrom; the remaining
cost being $352,363.08, shall be assessed and levied
on the ratable property fronting on the west side of
Squires Beach Road from a point approximately 259 metres
north of Clements Road to a point 211.81 metres north
of McKay Road and fronting the east side of Squires Beach
Road from a point approximately 259 metres north of
Clements Road to a point 76.2 metres north of McKay Road
(2)
(1)
(2)
(1)
(2)
as indicated on Appendix "A" attached hereto, which is
hereby defined a local improvement area pursuant to
section 68 (1) of the Local Improvement Act, and paid
by an annual rate of $47.25 per metre on the land
specially assessed.
Storm sewers and related appurtenances shall be constructed
on Clements Road from Squires Beach Road approximately
320 metres westerly at a cost of $79,921.51 as a local
improvement under the provisions of the Local Improvement
Act.
The entire cost of the works referred to in subsection (1)
shall be specially assessed upon land abutting directly
on the works and immediately benefitting therefrom; the
entire cost shall be assessed and levied on the ratable
property area abutting the north and south sides of
Clements Road bounded by Squires Beach Road to the east,
the west limit of Registered Plan M-1040 to the west, an
east/west line 259 metres north of the north streetline
of Clements Road to the north and the north limit of
Part 2 of Reference Plan 40R-2379 to the south, as indicated
on the plan attached hereto as Appendix "B" and which is
hereby defined a local improvement area pursuant to
section 68 (1) of the Local Improvement Act, and paid by an
annual rate of $599.95 per hectare on the area specially
assessed.
A storm sewer and related appurtenances shall be
constructed on Squires Beach Road from a point 259 metres
north of the north streetline of Clements Road to
McKay Road, an outlet sewer and appurtenances on McKay
Road from Squires Beach Road easterly to a watercourse
outlet at Jodrel Road and outlet watercourse southerly
within the municipal easement parallelling Jodrel Road
to Lake Ontario at a cost of $1,448,850.41 as a local
improvement under the provisions of the Local Improvement
Act.
The Town shall assume a portion of the total cost being
one-third of the cost of storm sewer construction on
Squires Beach Road from Clements Road to McKay Road,
outlet storm sewer construction on McKay Road, and
watercourse construction within the municipal easement
to Lake Ontario fixed at $400,895.48; the remaining cost
being $1,047,954.93, shall be specially assessed benefit-
ting the Squires Beach Road storm sewer and two districts
of land, non-abutting directly Squires Beach Road sewers,
with different proportions of benefit therefrom; the
directly abutting area shall be assessed and levied on
the ratable property area abutting the west side of
Squires Beach Road bounded by the west limit of Registered
Plan M-1040 to the west, an east/west line 259 metres
north of Clements Road's north streetline to the north
and the north limit of Part 2 of Reference Plan 40R-2379
to the south and the east side of Squires Beach Road as
indicated on Appendix "B" which hereby is defined a local
improvement directly abutting area pursuant to section 68 (2)
of the Local Improvement Act, and paid by an annual rate of
$3,131.72 per hectare on the area specially assessed; the
balance of the remaining cost shall be assessed and levied
on the ratable property, non-abutting, benefitting area of
District A and District B with boundaries as defined on
Appendix "B" which are hereby defined as local improve-
ment, non-abutting, benefitting areas pursuant to
section 68 (2) of the Local Improvement Act, and paid by
annual rates of $1,007.76 per hectare for District A and
$862.91 per hectare for District B on the areas specially
assessed.
Section 6 of By-law 1311/81 is hereby revoked and the following
substituted therefor:
6. (1)
The Town's portions of the costs referred to above, being
$499,139.44 shall be paid by a contribution from the
Reserve Fund for Community Facilities.
(2)
The balance of those costs, being $1,652,766.39, shall
be funded jointly from the Reserve Fund for Community
Facilities, in the amount of $880,000.00, and from
extraordinary non-recurring revenues in the General Fund,
in the amount of $772,776.39, and shall be repaid to
the General Fund by the special assessments over a term
of ten years at the rate of fifteen per cent.
Section 8 of By-law 1311/81 is hereby revoked and the following
substituted therefor:
o
Any person whose land is specially assessed may commute,
by payment in cash, the special rate imposed by paying the
cost of construction assessed upon such land,
(a) without interest, until the special assessment roll has
been certified by the Clerk; and
(b)
with interest as set out in section 6, both commuted
at the rate of three per cent below bank prime on the
day of commutation, after the special assessment roll
has been certified by the Clerk.
This by-law shall not come into effect until the approval of the
Ontario Municipal Board to the undertaking herein is obtained.
BY-LAW READ a first, second and third time this 5th day of
April , 198
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