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HomeMy WebLinkAbout11 002 WROTL sewer rate phase II by-law THE CORPORATION OF THE MUNICIPALITY OF KINCARDINE ircaK BY-LAW NO. 2011 — 002 A BY -LAW TO IMPOSE CHARGES FOR SEWER WORKS WHEREAS pursuant to Section 11 (1) of the Municipal Act 2001, S.O. 2001, c. 25, as amended (the "Act "), a municipality may provide any service or thing that the municipality considers necessary or desirable for the public; • AND WHEREAS Sections 391 (1) and (2) of the Act authorize a municipality to impose fees or charges on persons for services or activities provided or done on behalf of it, including where the benefit from such services or activities is not immediate; AND WHEREAS Sections 398 (1) and (2) of the Act provide that any fees or charges imposed by a municipality on a person constitute a debt of the person to the municipality that may be added to the tax roll for that person's property; AND WHEREAS The Corporation of the Municipality of Kincardine has installed a trunk sanitary sewer as more particularly described in Schedule "A" ( "the "Works ") that will solely benefit the owner of the lands identified as Roll No. 41 08 210 004 082 10 (Con A Pt Lots 21 to 23 RP 3R8138 Parts 6, 8 to 10, 15 to 23, 27, 29, 30, 32 to 35, 38 to 44) and 41 08 210 004 095 10 (Con A Pt Lots 23 & 24 RP 3R8138 Parts 1 to 5, 7, 11 to 14, 24 to 26, 28, 31, 36, 37, 45); AND WHEREAS the Council of The Corporation of the Municipality of Kincardine considers the Works to be necessary and /or desirable; • NOW THEREFORE the Council of The Corporation of the Municipality of Kincardine ENACTS as follows: 1. That the capital cost of the sewer works as described in Schedule "A" be charged to, and is hereby imposed on, the benefiting owners of the properties (the "Benefiting Owners ") and in the amounts set out in Schedule "B ". 2. That the capital sewer rate charges imposed by this By -law constitute a debt of the Benefiting Owners and are due and payable on or before April 29, 2011. 3. That the Treasurer of the Municipality shall add the capital sewer rate charges, upon default of payment by the aforementioned due date, to the tax roll of the properties set out in Schedule "B" and shall collect the debt in the same manner as municipal taxes. 4. That Schedule "A" and "B ", attached hereto, form part of the by -law. • 5. That this By -law shall come into full force and effect upon its final passage. 2 Page 2 WROTL Sewer Rate Phase II By -law By -law No. 2011 — 002 • 6. That this By -law may be cited as the 'WROTL Sewer Rate Phase II By -law ". READ a FIRST and SECOND TIME this 12 day of January, 2011. ayor Clerk READ a THIRD TIME and FINALLY PASSED this 12 day of January, 2011. Mayor Clerk • • • Schedule "A" • Description of Works — Phase 2 Installation of trunk sanitary sewer and appurtenances on Inverness Street South for future servicing of lands known as the Hartwick property as described in Schedule "B ". Schedule "B" Sewer Rate Charges — Phase 2 Roll No. Property Description Sewer Rate Charge 41 08 210 004 082 10 Con A Pt Lots 21 to 23 $121,734.37 RP 3R8138 Parts 6, 8 to 10, 15 to 23, 27, 29, 30, 32 to 35, 38 to 44) • 41 08 210 004 095 10 Con A Pt Lots 23 & 24 $ 81,156.26 RP 3R8138 Parts 1 to 5, 7, 11 to 14, 24 to 26, 28, 31, 36, 37, 45) $202,890.63 • •