HomeMy WebLinkAboutKIN 80 4310 Swge Wrks Proj. NIP
THE CORPORATION OF THE TOWN OF KINCARDINE
BY-LAW NO. ..liJ.lO
BEING A BY-LAW to authorize an addition to the sewage works to
service the unserviced areas in the Town of Kincardine and to
authorize the issuance and sale of debentures for payment of such
works.
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WHEREAS by Section 354 (1) paragraph 53 of the Municipal Act, the
Council is empowered to pass a by-law for authorizing the completion,
improvement, alteration, enlargement or extension of any public
utility undertaking, or any part or parts thereof, owned by the
Corporation and controlled and managed by the Council, and for
issuing debentures therefore.
AND WHEREAS pursuant to the requirements of Section 31 (1) of the
Ontario Water Resources Act, R.S.O., 1970, Chapter 281, the plans,
specifications and reports of B.M. Ross and Associates Limited,
the engineers in respect to the said works, and all other necessary
materials has been submitted to the Ministry of the Environment for
approval.
AND WHEREAS the preliminary approval of the Ministry of the Environment
has been given by its Certificate of Approval Number 3-1042-77-001,
dated the 18th day of November, 1977.
AND WHEREAS pursuant to the requirements of Section 64 (1) of the
Ontario Municipal Board Act, R.S.O. 1970, Chapter 323, it is
necessary to obtain the approval of the Ontario Municipal Board to
the undertaking of the said works by the Town of Kincardine, and
pursuant to the requirements of Section 362 (2) of The Municipal
Act, R.S.O. 1970, Chapter 284, it is necessary to obtain the
approval of the Ontario Municipal Board for imposing a sewer rate to
pay for a portion of the capital cost of the said sewage works.
AND WHEREAS the Town of Kincardine has been given approval by the
Ministry of Housing under the Neighborhood Improvement Program for
additional funds to assist with the said sewage works.
NOW THEREFORE the Council of the Corporation of the Town of Kincardine
ENACTS AS FOLLOWS:
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2.
That application be made to the Ontario Municipal Board to
obtain approval of an addition to the sewage works and the
installation of a sewerage system in certain unserviced areas
of the Town of Kincardine and the imposing of a sewer rate to
pay for a portion of the capital cost thereof as set out in
paragraph 6 herein.
That upon obtaining approval of the Ontario Municipal Board to
such extension of such works to serve said unserviced areas in
the Town of Kincardine in accordance with plans and specifica-
tions by B.M. Ross and Associates Limited, an addition to the
sewer system be installed as described in Schedule "A"
attached hereto.
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3. That the estimated cost of the works including engineering and
contingencies in the total amount of $2,102,990. be met as
follows:
That the said sum of $800,000. be provided by the issuance of
debentures of the Corporation of the Town of Kincardine to be
issued upon completion of the said i1úrks.
There is hereby imposed pursuant to Section 362 (10) of the
Municipal Act, upon the o~mers or occupants of land i.nO derive
or will derive or may derive a benefit from the said se~~ge
works, a sei~r rate sufficient to pay 100% of the capital cost
of such se~ge vrorks.
6. The lands, in respect of which such oivners or occupants are
deemed to derive benefit from such se':.13.ge vTorks are all lands
within the municipality.
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Total Estimated Costs
$2,102,990.
Less:
Neighbourhood Improvement Grant
Transfer from Reserve Fund
Transfer from Reserve Fund
(Account No. 7020-270)
Prepayment by property o~mers
$820,000.
11!-9, 306.
285,000.
48.684.
1.302.990.
$ 800,000.
4.
5.
7. The sewer rate shall be imposed annually for a period of 20
years, commencing in 1982 and shall be computed by a combination
of the follo~dng methods:
(a) A foot frontage rate of $4.80 per metre per annum on the
lands designated in paragraph 6, which front or abut on
the streets or parts of streets described in Schedule "A"
hereto, or connect to the sei~rs constructed hereon.
8.
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(b) An annual mill rate on the assessed value of the lands
designated in paragraph 6.
(c) A rate eqèrlvalent to 60% of the ~Gter rates or charges,
charged or chargeable in respect of the lands desi~nated in
pars.graph 6 vfhich '3.re connected to the said seWE.,,:e '!iorks.
(a) In the case of lots situate at the jQ~ction or intersection
of streets or hig'c,·rays, all fle.nk2.ge '·.'ill be exempt up to
a maximQ~ of 35 metres. "fuere a seDarate buildin,,: lot is
created by authorized severance, fronting on the ~iliat ~s
hitherto flankage the vlhole of the frontaGe of such separéJ.te
building lot shall be subject to the charges herein set out.
(,:» In the cas'3 of lots that are trianß1-Üar or irregularly shaped,
a reduction shall be made in the frontage rate, that othe~1Ìse
i~uld be chargeable thereon, sufficie~t, havin7 regard to the
sitè~tion, value and superficial area of such lots as
compared ,dth the other lots, to adjust the said frontage rate
on a fair and equitable basis.
(c) In the case of lots that because of the nature of the terrain
or the elevation of the sevrer, do not derive the same benefit
as other lands abutting on the seõrer, a reduction shall be
made in the frontage rate which othe~dse would be chargeable
thereon sufficient, having regard to the benefit derived as
compared with other lots, to adjust the said frontage on a
fair and equitable basis..
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(d) Where a lot is for any reason unfit for building purposes,
a reduction shall be made in the said frontage rate which other-
wise would be chargeable thereon, sufficient to adjust its
said frontage rate as compared with that of the lots fit for
building purposes on a fair and equitable basis.
(e) Where a lot, other than corner lot, has two or more limits
that abut on works and the size or nature of the lot is
such that any or all of the works are not required, a re-
duction in respect of the works that are not required, so
long as they are not required, shall also be made in the
said frontage rate that would otherwise be chargeable
thereon, sufficient to adjust its said frontage on a fair
and equitable basis. The reduction shall be made by de-
ducting from the total frontage of the lot liable for the
said frontage rates so much thereof as is sufficient to
make the proper reduction, but the whole of the lot shall
be charged with the said frontage rate as so reduced.
That the debentures shall be sealed with the seal of the
Corporation and signed by the head of the Councilor by some
other person authorized by by-law to sign the same and by
the Treasurer. Interest coupons attached to the said
debentures shall be signed by the Treasurer
and his signature to them may be written or engraved, litho-
graphed, printed or otherwise mechanically reproduced. The
signature of the Head of Councilor his substitute may be
written or engraved, lithographed, printed or otherwise
mechanically reproduced.
10. That application be made to the Bank of Montreal for the purpose
of obtaining interim financing in the full amount of the cost of
the said works.
9.
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11. This By-law shall not come into force and effect until the
approval of the Ontario Municipal Board has been obtained
pursuant to Section 64 of the Ontario Municipal Board Act, and
shall come into force and effect upon such approval being
given.
day of September , 1980.
READ a FIRST and SECOND time this 4th
.
UÇ~L
Mjitf"or
/C~A~ar
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4th day of June
;/ 1981.
READ a THIRD TIME and FINALLY PASSED this
.
~p#~
~711~
- Cler Adml.nl.strator
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SCHEDULE fA"
Subject to the submission and subsequent approval of satisfactory final
plans and specifications, expansion of the se,mße collection system to serve
the areas south of penetangore River in the To,~ of Kincardine as follows:
STREET
SANITARY SEWERS
EB.ill1
Goderich Street
Bruce A venue
.
Penetangore Row
and Street
Alice Street
Kincardine Avenue
Albert Street
Queen Street
Bruce Avenue
Princes Street
Approx. 700' Northerly
of Albert Street
Approx. 500' Northerly
of Albert Street
Albert Street
Queen Street
.
Victoria Street
Adelaide Street
Albert Street
Kincardine Avenue
Penetangore Street
Kincardine Avenue
Princes Street
Bruce A venue
Malcolm Street
Goderich Street
Malcolm Street
1'Q
Approx. 1700' Southerly
of Bruce A venue
Southerly limit of
Town
Approx. 850' Southerly
of Kincardine Avenue
Approx. 800' Northerly
of Bruce Avenue
Bruce A venue
Approx. 1100' Southerly
of Kincardine Avenue
Kincardine Avenue
Approx. 500' Easterly
of Adelaide Street
Approx. 150' Easterly
of Alice Street
Approx. 650' Easterly
of Park Street
Princes Street
500' to Queen Street
including building sewer service connections from the main sewer to the
street line, together with the construction of:
SEWAGE PUMPING STATIONS·
1. A dry-well wet-well se~ge pumping station to be located on Goderich
Street approximately 275 metres south of Bruce Avenue to be equipped
with two dry pit pumps each capable of 600 IGPM (10 year design flow)
and a diesel engine driven standby power facility;
2. A dry-well i~t-i~ll se~ge pumping station to be located on the south
side of Kincardine Avenue approximately 225 metres east of Park Street,
to be equipped with two dry pit pumps each capable of 650 IGPM (20
year design flow) and a diesel engine driven standby power facility;
.
both stations to discharge via their individual forcemains into the inlet
works of the existing Kincardine Seivage Treatment Plant, including all
appurtenancesi controls and electrical è1úrk in accordance with the
preliminary pans and design brief prepared by B.M. Ross and Associates
Limited, Consulting Engineers, at a total estimated cost, including
engineering and contingencies, of TV~ ~rrLLION, ONE HUNDRED ~I~ THOUSAND,
NINE HUNDRED AND NINETY DOLLARS ($2,102,990.00).
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REeEfYfD JAN IfóV'
E 801356
Ontario Municipal Board
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III 'rIIlI JIA'l"'rBR 01' Sect:1OD 64 of
Th. Ontario MuniciJ2a1 BOard Act,
(R.8.0. 1970, c. 32~) (How R.8.0.
1980, c. 347), and
section 362 of 'the Municipal· Act,
(R.8.0. 1970, c. 284) rtNow Section
218, R.8.0. 1980, c. 302)
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Dr TO JlATTER 01' an application
by 'the COrporation of the Town of
ICincar4ine for an order approvinq I
(a) the con.t:r:uction of certain
woJ:ft. at an ..ti_ted co.t
of $2,102,990.00, and the
borrowinq of .xuay by way
of tempora:t:y advance. not
.XCII.dinq in the aqqnqate
.\Jah ..ti_ted co.t pendinq
the .ale of debenture., and
.
(b) the b.uance of debenture.
in the .ua of $800,000.00
for a tena of twenty year.
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Dr THB MATTD 01' the pa.dnq of a
by-law impo.inq a .....r rate
.uob application havinq been approwd
by order of the BOard dated the 28th
day of May, 1981
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1M 'l'HB MA'l"l'ER 01' a pnviou. application
for approval of the pa..inq of a by-law
by the ..id corporation _n41nq .uch
pnvioU8 ..wer rat. under the provi.ion.
of Section 218 of 'the Municipal Act,
(R.8.0. 1980, a. 3~
.uob application havinq been approwd
by order of the BOard dated the 16th
day of October, 1981
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IN TRB MATTBR 01' a pn..nt application
for an order approvinq an amendment of
the pnvioU8 order dated the 28th day
of May, 1981, by ...nding' the de.CriptiOD
of Itelll 12 in Schedule -A- to the ..id
order
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B 801356
BBPORBI
A.B. BALL ]
"'lIIber ]
. ] IIoDday, the 4th day
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] of January, 1982
D.H. MeROD )
Member ]
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'lBB BOARD ORDBRS tha~ thia applioation be f Jranted and
tha~ i~. previoua order. dated the 28th day of May, U81,
and entered in order book No. B 80-5 a~ folio 312 on the
11th day of June, 1981, and .. aMnded by order dated
the 16th day of October, 1981, and entered in order book
No. B 80-5 at folio 3" on the 16th day of Nowmber, U81,
ia hereby further aMnded by 4eletinf J Item 12 in Schedule "A"
~ Dou"'. ~ ~4~21t;h 4à.r of May, .1.nr-, .in u..
entirety and .ub8titutinq in lieu thereof the following I
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12. A dry-1Mll-ftt-ftll t:o be located on
Block "B" Regi.tered Plan 503, 575
_~re. .outh of Bruoe Awnua to be
equipped with two dry pit PUII\PS
each capable of 45 L-S and a 41e..l
engine .t:anclby powr faoili~y "
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be and ..... ia hereby approwd.
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SBCUI'ARY
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ENTERED
o. B. HO.£i..P..::::.s:........
Folio No. 31/ ......
JAt. 6 1982
(4~e
SEC¡:,ETARY, O:.¡TMIO MUNlCI1'Al tlMRü
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B S01356
Ontario Municipal Board
IN 'l'BB MA'1"l'J!IR OP Section 64 of
The On~ario Munioil]f Board Ac~,
(R.S.O. 1970, c. 3 and
seotion 362 of The Municipal Ac~,
(R.S.O. 1'70, o. 284)
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IN TIΠMA'l'TBR OP an applioa~ion
by 'fbe Corporation of the Town
of Itincar4ine for an or4er
approvinCJ .
(a) the cons traction of oer~ain
works a~ an es~1IIIa~ed cos~
of $2,102,'90.00, and the
borrowinCJ of IBOney by way
of 1:eaporary aðvances no~
exo..din9 in theaCJ9T89at:e
sucb esti..~ed OOII~ pen4inq
the sale of debentures, and
(b) the issuance of deben~ures
in the sum of $SOO,OOO.OO
for a t:eza of twen~y years
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IN 'l'BB MA'1"l'J!IR OP the pusinq of a
by-law iIIposin9 a sever ra~e
BBPORB.
D.S. COLlOtJRlŒ
Vioe-ChaiZ'IIIaD
] Thursday, the 2Sth day of
]
] May, USl
'l'BIS APPLICATION bavinq COIle on for publio bearinCJ, the
Board orders tba~ this applioat.1on be grant:e4 and that
the applicant ..y prooeed with the works as desor1be4 in
Sohedule -A- beret:o, annexed and 8iqned by the Seoretary,
and ..y paas all requisite by-laws, and may issue debentures
therefor for a sma ÞOt excee4ing $SOO,OOO.OO and not t:o
exoeed the net cost of suoh u.ndert:aJtinCJ to the applicant,
for a t:erm of twenty years,
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B 801356
AND THE BOARD ORDBRS t:h.t t:h. pa.ainc¡ of . by-law pur.want
to S.ction 362 of Th. Municipal Act, impo.inq a ....r r.t.
for . period of twenty y.ar., to p.y . part of the annual
payment. wit:h r..pect to the ..id und.rtakinc¡, by a front-
.c¡. rat. of not more t:han $4.80 per lleue per y.ar on .11
t:h. lands wit:hin t:h. municipality which front on or abut on
t:he .u..t. or part. of .u..ta d..cribed in Sch.dul. · A·
hereto, or which conn.ct to t:h. ....r work. con.tructed
t:her.on, and a llill rat. not: to exceed .50 1111.11. per y.ar
on t:he .......d value on .11 landa wit:hin t:h. municipality,
be and t:h. .... i. h.reby .pprov.d.
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SBCRB'lARY
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ENTERED
IJ 8. rlo·..r&.1.ß 5
Folio No....d.lR ... .........
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JU I 1 1'981
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B 801356
Ontario Municipal Board
SCBBDULB -A-
to the order of the Onbrio Municipal Board
..de on the 28th c1a of'" 1981
SBCU'l'ARY
COn.truction of.
SANITARY SBNBU on.
1.
2.
3.
4.
. 5.
6.
7.
. 8.
II.
10.
11.
GODBRICB S'l'RBft f1'Clll Bruce Avenue to approximately
518 ..tre. .outherly of Bruce Avenue
PBD'l'AHc;op ROW and S'l'RBB'l' from Albert Street to
.0uÐiirIÿ""1la1t of TóWD
ALICE STUft from Kincardine Avenue to approximately
259 ..tre. .outherly of Kincardine Avenue
QUBBR S'rRBB'l' f1'Clll Bruce Avenue to approximately 244
metre. northerly of Bruce Avenue
PRINCBS S'1'UB'1' from approximately 213 metre. northerly
of Albert Street to Bruce Avenue
VIC'l'ORIA STREET from approximately 152 ..tre. northerly
of Albert Street to approximately 335 metre. .outherly
of lU.Dcardine Avenue
ADELAIDE STUB'l' from Albert Street to KinoareSine
Avenue
ALBBR'1' STUB'l' from Queen Street to approximately 152
metre. ea.terly of Melaide Street
KIlfCAlmID AVDIUB from Penet.&nqore street to approx-
imatelY 4' metre. _.terly of AHce Street
ltIHCAlmID AV'JUlUJ5 from Prince. Street to approximately
198 metre. e..terly of Park Street
BRUCE A"JUlu.15 from Goðerioh Street to Prince. Street
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SCHEDULE · A·
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E 801356
SEWAGB PUMPING STATIONS
12. A dry__ll-w.~-w.ll ....V. puapinV .~a~ion ~o be
loo.~ed .~ th. in~er..o~ion of Bruo. Avenue and
Goderioh Su..~ i:o b. equipped wit:h two dry pH
pump. uch c.pable of .&5 L-S and a di...l eDVine
.t:andby power f.oilHy
13. A dry__ll-wet.-well ....V. puapinV .ut.ion t.o be
loo.~ed on th. .outh eid. of Kino.rdin. Avenu.
.pproximat.ely 223 _t:ree e.e~ of Park Su..~, ~o
be equipped wi t:h two dry pit. PUIIIPe each a.pabl.
.' of 49 L-S and . di...l eDVine c!riven et:andby power
: f.ci1i~Y1 bo~h e~.~ion. ~o diecharve via t:heir
~i14,iVidual fOJrOema1u hi:o th. inl.t. work. of t:he
..iøUng 1Cinoardine S...ve Treat:lllen~ Plan~, in-
aludinq al"Lappurt.en.na.., conuole and eleouioal
work ..
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