THE REGIONAL MUNICIPALITY OF PEEL

BY-LAW NUMBER 8-90

A by-law to impose a water works rate upon the owners of lands who will or may derive a benefit from the construction of a watermain on Marysfield Drive in the City of Brampton.

WHEREAS the Council of the Regional Corporation has received a petition for the construction of a 150mm diameter watermain on Marysfield Drive, a total distance of 180 metres, more or less in the City of Brampton, hereinafter referred to as "the works";

AND WHEREAS the Council of the Regional Corporation has by Resolution 89-186-3 adopted on 9th March, 1989 authorized the construction of the works under Project 89-1020 at a total estimated cost of $28,000.00 and the imposition of a water works rate for a period of fifteen years upon the owners of lands who will or may derive a benefit from the works pursuant to Section 218 of the Municipal Act, R.S.O. 1980, Chapter 302, as amended;

AND WHEREAS the Ontario Municipal Board by its Order dated 8th June, 1989 under File Number E890312, has authorized the Regional Corporation to impose a water works rate subject to the limits and conditions set forth in the Order;

NOW THEREFORE the Council of the Regional Corporation enacts as follows:

1. That the total cost of the works being estimated at $28,000.00 shall be financed as follows:

(1) That the amount of $15,400.00 being the Region's share shall be financed entirely by the Regional Corporation.

(2) That the amount of $12,600.00 shall be recovered by means of a water works rate assessed against the owners abutting the works in the following manner:

(a) property shall be assessed at a rate of $70.00 per metre of assessable frontage, which rate with interest thereon, at 11% per annum for fifteen (15) years, shall be payable in fifteen (15) equal instalments of $9.73 per metre of assessable frontage; and

(b) property having more than 61 metres of frontage, used for agricultural purposes and so long as they remain used for such purposes, shall be assessed a charge of $4,270.00, which charge with interest thereon at 11% per annum for fifteen (15) years shall be payable in fifteen (15) equal annual instalments of $593.81.

2. That certain adjustments may be made in the frontage assessment in the following cases:

(1) Corner lots which have two sides abutting the works may have one side treated as flankage and an appropriate reduction in the special assessment would be made. It should be noted that if the flankage should in the future become frontage (e.g. by means of a division of land) the frontage so created would be liable to full frontage assessment.

(2) Reductions or increases in the frontage assessment may be made in the case of irregularly shaped lots (e.g. pie shaped, having curved frontages, etc.) having regard to the situation, value and superficial area of the lots as compared with other lots.

(3) Reduction may be made in the case of lots which for any reason are wholly or in part unfit for building purposes.

3. That any person whose lot is specially assessed may commute for payment in cash the water works rate imposed thereon by paying the portion of the cost of the construction assessed upon such land without interest forthwith, within a time specified by the Regional Corporation before the special assessment roll or rolls have been certified by the Regional Clerk.

READ THREE TIMES AND FINALLY PASSED IN OPEN COUNCIL this 11th January, 1990.

Regional Clerk Chairman