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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 / ~lerk .'