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HomeMy WebLinkAboutBy-law 1311/81THE CORPORATION OF THE TOWN OF PICKERING BY-LAW NUMBER 1311/ 81 Being a by-law to authorize the construc- tion of roadways, storm sewers and a watercourse system as local improvements under the provisions of sections 7.1(a), 11 and 68 of The Local Improvements Act. WHEREAS it is deemed expedient that the petition for roadway construction on Clements Road and Squires Beach Road, storm sewer construction on Clements Road, Squires Beach Road and McKay Road, and watercourse construction within an easement parallelling Jodrel Road to Lake Ontario be granted and that the construction thereof shall be undertaken at the cost hereinafter set out as a local improvement under the provision of section 11 of The Local Improvements Act; and WHEREAS the cost of the said works is to be levied by imposing special assessment against lands fronting on Clements Road and Squires Beach Road and those lands not directly abutting, but which derive benefit from the storm sewer system, in a local improvement area as hereinafter defined pursuant to section 68 of The Local Improvements Act; NOW THEREFORE the Council of the Corporation of the Town of Pickering HEREBY ENACTS as follows: 1. (a) That a roadway be constructed on Clements Road from Squires Beach Road, 412 metres westerly to the west limit of Registered Plan M-1040 at an estimated cost of $200,000.00 as a local improvement under the pro- visions of The Local Improvements Act. (b) The entire cost of the above works is to be specially assessed upon land abutting directly on the works and immediately benefiting therefrom. The entire cost, including debenture charges, shall be assessed and levied on the ratable property fronting on the north side of Clements Road from a point approxi- mately 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 approx- imately 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 Improvements Act, R.S.O. 1970, as amended, and paid by an annual rate of $65.97 per metre on the land specially assessed. 2. (a) That a roadway be constructed on Squires Beach Road from a point 259 metres north of the north streetline of Clements Road to McKay Road at an estimated cost of $469,000.00 as a local improvement under the pro- visions of The Local Improvements Act. (b) That the Town assume a portion of the total cost being one-third of the cost of roadway construction from Clements Road to McKay Road estimated at $113,000.00. The remaining cost of the above works is to be specially assessed by area upon land abutting directly on the works and immediately benefiting therefrom. The remaining cost, including debenture charges, 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 2 - 2. (b) 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 as indicated on Appendix "A" attached hereto, which is hereby defined a local improvement area pursuant to section 68 (1) of The Local Improvements Act, R.S.O. 1970, as amended, and paid by an annual rate of $51.41 per metre on the land specially assessed. 3. (a) That storm sewers and appurtenances be constructed on Clements Road from Squires Beach Road approximately 320 metres westerly at an estimated cost of $80,000.00 as a local improvement under the provisions of The Local Improvements Act. (b) The entire cost of the above works is to be specially assessed upon land abutting directly on the works and immediately benefiting therefrom. The entire cost, including debenture charges, 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 Improvements Act, R.S.O. 1970, as amended, and paid by an annual rate of $646.31 per hectare on the area specially assessed. 4. (a) That storm sewer and appurtenances be constructed on Squires Beach Road from a point 259 metres north of the north streetline of Clements Road to McKay Road, 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 an estimated cost of $2,244,000.00 as a local improvement under the provisions of The Local Improvements Act. (b) That the Town 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 estimated at $687,000.00. The remain- ing cost of the above works, estimated at $1,557,000.00, including debenture charges, is to be specially assessed by area, upon lands directly abutting and immediately benefiting 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 40T-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 Improvements Act, R.S.O. 1970, as amended, and paid by an annual rate of $5,002.72 per hectare on the area specially assessed. The balance of the remaining cost shall be assessed and levied on the 3 - 4. (b) ratable property, non-abutting, benefiting area of District A and District B with boundaries as defined on Appendix "B" which are hereby defined local improve- ment, non-abutting, benefiting areas pursuant to section 68 (2) of The Local Improvements Act, R.S.O. 1970, as amended, and paid by annual rates of $1,609.93 per hectare for District A and $1,395.27 per hectare for District B on the areas specially assessed. 5. The firm of Cumming, Cockburn and Associates Limited is hereby authorized to make such plans, profiles and speci- fications and furnish such plans and information as may be necessary for the making of contracts for doing the works or for carrying out the same, and the works shall be carried on and executed under the superintendence and accordance to the direction and orders of the Engineer of the Corporation. 6. The Town's portion of the cost, estimated at $800,000.00, is to be paid by Contributions from the Reserve Fund for Community Facilities. The remaining cost, estimated at $2,193,000.00 is to be paid by the issuing of debentures bearing interest at the rate of seventeen (17) per centum and is to be repaid by the special assessments over a term of ten (10) years. 7. The Treasurer may, subject to the approval of Council, agree with any bank or person for temporary advances of money to meet the cost of the works pending completion thereof. 8. Any person whose land is specially assessed may commute, by a payment in cash, the special rate imposed by paying the cost of construction assessed upon such land without the interest forthwith after the special assessment roll has been certified by the Clerk, but may not commute after the debenture by-law has been passed. 9. 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 and second time this 6th day of July 1981 BY-LAW READ a third time and PASSED this 21st day of September 1981. 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