HomeMy WebLinkAboutKIN 78 4198 Sewage works
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KINC~INE
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Being a By-law to authorize an addition t~' the sewage works to
service tne unserviced areas in the Town of Ki cardine and to authorize
the issuance and sale of debentures for paymen of such works.
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WHEREAS by Section 354 (1) paragraph 53 of the ~unicipal Act, the
Council is empowered to pass a by-law for auth~izing the completion,
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improvement, alteration, enlargement or extens~n of any public
utility undertaking, or any part or parts ther~f, owned by the
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Corporation and controlled and managed by the crunCil, and for
issuing debentures therefor.
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AND WHEREAS pursuant to the requirements of Se~tion 31 (1) of the
Ontario Water Resources Act, R.S.O., 1970, Cha~ter 281, the plans,
specifications and reports of S.M. Ross and As~ciates Limited, the
engineers in respect to the said works, and al~ other necessary
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materials has been submitted to the Ministry 04 the Environment for
approval. i
AND WHEREAS the preliminiary approval of the ~istry of the Environment
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has been given by its Certificate of Approval ~ber 3-1042-77-001,
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dated the 18th day of November, 1977. !
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AND WHEREAS pursuant to the requirements of Se9tion 64 (1) of the
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Ontario Municipal Board Act, R.S.O. 1970, Chap~er 323, it is
necessary to obtain the approval of the Ontari~ Municipal Board to the
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undertaking of the said works by the Town of K~cardine, and pursuant
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to the requirements of Section 362 (2) of The ~unicipal Act, R.S.O.
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1970, Chapter 284, it is necessary to obtain t~e approval of the
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Ontario Municipal Board for imposing a sewer r1te to pay for a portion
of the capital cost of the said sewage works. i
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AND WHEREAS the Town of Kincardine has been gi~en approval by Ministry
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of Housing under the Neighborhood Improvement 1rogram for additional
funds to assist with the said sewage works. !
THE CORPORATION OF THE TOWN OF
BY-LAW NO. 4198
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NOW THEREFORE the Council of the Corporation of ¡the Town of Kincardine
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That application be made to the Ontario M~iciPal Board to
obtain approval of an addition to the sewa~e works and the
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installation of a sewerage system 1n certa~n unserviced areas
of the Town of Kincardine and the imposing ¡of a sewer rate to pay
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of the capital cost thereoflas set out in paragraph
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That upon obtaining approval of the Ontari~ Municipal Board to
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such extension of such works to serve said lunserviced areas in
the Town of Kincardine in accordance with ~lans and specifications
by B.M. Ross and Associates Limited, an ad~ition to the sewer system
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be installed as described in Schedule "A" 1ttached hereto.
That the estimated cost of the works inclu4ing engineering and
contingencies in the total amount of $1,92~,760. be met as
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ENACTS AS FOLLOWS:
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3.
for a portion
6 herein.
follows:
TOTAL ESTIMATED COSTS
$1,927,760.
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$ 840,Ooo~
$ 84,000,
, 40.000~ 964.000.
I ,963.760.
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That the said sum of $963,760. be providedlby the issuance of
debentures of the Corporation of the Town ~f Kincardine to be
issued upon completion of the said works 4d to be upon the terms
and conditions as set out in Schedule "A" ~ereto attached.
There is hereby imposed pursuant to sect.ioJ 362 (10) of the
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Neighborhood Improvement Grant
Central Mortgage &: Housing Grant
Removal Road Reconstruction
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Municipal Act, upon the owners or occupant, of land who derive
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or will derive or may derive a benefit fro, the said sewage works,
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a sewer rate sufficient to pay 100% of theicapital cost of such
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sewage works.
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The lands, in respect of which such owners or occupants
are deemed to derive benefit from such sewag~ works are all lands
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within the municipality. I
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The sewer rate shall be imposed annually fori a period· of 20 years,
commencing in 1980 and shall be computed by r combination of the
following methods:
6.
7.
8.
(a)
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A foot frontage rate of $1.46 per foot f.r annum on the
lands designated in paragraph 6,' which f nt or abut on
the streets or parts of streets describe in Schedule "A"
hereto, or connect to the sewers constru ted hereon.
An annual mill rate on the assessed ValU~ of the lands
designated in paragraph 6. !
A rate equivalent to 60% of the water ra~' es or charges,
charged or chargeable in respect of the ands designated in
paragraph 6 which are connected to the s id sewage works.
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In the case of lots situate at the junct on or intersection
of streets or highways, all flankage wil be exempt up to
a maximum of 110 feet.
(b)
(c)
( a)
(b)
In the case of lots that are triangular
a reduction shall be made in the frontag
wise would be chargeable thereon, suffic
to the situation, value and superficial
compared with the other lots, to adjust
rate on a fair and equitable basis.
r irregularly shaped,
rate, that other-
ent, having regard
ea of such lots as
he said frontage
(c)
In the case of lots that because of thetnature of the terrain
or the elevation of the sewer, do not de ive the same benefit
as other lands abutting on the sewer, a eduction shall be
made in the frontage rate which otherwis would be chargeable
thereon sufficient, having regard to theibenefit derived as
compared with other lots, to adjust the paid frontage on a
fair and equitable basis. I
Where a lot is for any reason unfit for JUilding purposes, a
reduction shall be made in the said fron age rate which other-
wise would be chargeable thereon, suffic ent to adjust its
said frontage rate as compared with that of the lots fit for
building purposes on a fair and equitabl~ basis.
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Where a lot, other than corner lot, has þwo or more limits
that abut on works and the size or natur~ of the lot is such
that any or all of the works are net reqêred, a reduction
in respect of the works that are not req red, so long as they
are not required, shall also be made in he said frontage rate
that would otherwise be chargeable there n, sufficient to
adjust its said frontage on a fair and e uitable basis.
The reduction shall be made by deducting~from the total
frontage of the lot liable for the said rontage rates so
much thereof as is sufficient to make th proper reduction,
but the whole of the lot shall be charge with the said
frontage rate as so reduced. ,
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(d)
( e)
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9. That the debentures shall be sealed with th+ seal of the
Corporation and signed by the head of the CO~Cil or by some
other person authorized by by-law to sign th~ same and by the
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Clerk-Treasurer. Interest coupons attached ~o the said debentures
shall be signed by the Clerk-Treasurer and 1s signature to them
may be written or engraved, lithographed, pr~nted or otherwise
mechanically reproduced. The signature of t~e Head of Council
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or his substitute may be written or engraved~ lithographed, printed
or otherwise mechanically reproduced. I
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10. That application be made to the Bank of Mont~eal for the purpose
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of obtaining interim financing in the full ~ount of the cost of
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the said works. I
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11. This By-law shall not come into force and ef~ect until the approval
of the Ontario Municipal Board has been obta,ned pursuant to
Section 64 of the Ontario Municipal Board AC~, and shall come
into force and effect upon such approval bei4g given.
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READ a FIRST and SECOND time this 7th day 9f December , 1978.
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!J4yor
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~ day of
READ a THIRD time and FINALLY PASSED this
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Cl.erk
Mayor