THE REGIONAL MUNICIPALITY OF PEEL

BY-LAW NUMBER 80-94

A by-law to authorize construction of a watermain on Clarkway Drive from Regional Road 14 (Mayfield Road) to Castlemore Road and on Castlemore Road from Regional Road 8 (Gore Road) to Clarkway Drive, in the City of Brampton, and to repeal By-law Number 78-93.

WHEREAS the Council of the Regional Corporation has by Resolution 90-101 on the 8th February, 1990 and by Resolution 93-155-44 on the 8th April, 1993 authorized the construction of a watermain on Clarkway Drive from Regional Road 14 (Mayfield Road) to Castlemore Road and on Castlemore Road from Regional Road 8 (Gore Road) to Clarkway Drive, in the City of Brampton, hereinafter referred to as "the works," pursuant to Section subsection 50(1) of the Regional Municipalities Act, R.S.O. 1990, Chapter R.8, as amended, and Section 221 of the Municipal Act, R.S.O. 1990, Chapter M.45, as amended, under Project 90-1030, at an estimated total cost of $484,509.09;

AND WHEREAS the Council of the Regional Corporation deems it desirable to impose a waterworks rate on the owners or occupants of certain lands in the City of Brampton, pursuant to section 221 of the Municipal Act, R.S.O. 1990, Chapter M.45, as amended;

AND WHEREAS the Council of the Regional Corporation has by resolution on the 14th July, 1994 authorized that By-law Number 78-93 be repealed;

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

1. That the Regional Corporation shall construct the works at a total cost of $484,509.09.

2. That the Commissioner of Public Works or the Regional Corporation's consulting engineer shall take such action as may be necessary for the preparation of a contract or contracts for the execution of the works under their supervision.

3. That the total cost of the works, being $484,509.09, shall be financed as follows:

a)the amount of $124,315.29, being approximately 25.66% of the total cost of the works, shall be financed entirely by the Regional Corporation.

b)the amount of $360,193.80, being approximately 74.34% of the total cost of the works, shall be recovered by means of a waterworks rate assessed against the property abutting the works as set out in Schedule "A" attached hereto, in the following manner:

(c)The said waterworks rate shall be an annual charge and shall be imposed for a period of fifteen (15) years commencing on the date of the passing of this by-law. The due date for payment of the waterworks rate shall be sixty (60) days from the date of invoice for each payment.

4. Certain adjustments may be made in the frontage assessment in the following cases:

a)corner lots which have two sides abutting the work may have one side treated as flankage and an appropriate reduction in the special assessment would be made;

b)if the flankage should in the future become frontage, (e.g. by means of a division of land) the frontage so created shall be liable to full frontage assessment;

c)reduction 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; and

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

(e)Notwithstanding the provisions of this by-law, no rates are payable for any lot which, in the opinion of the Commissioner of Public Works, is completely unbuildable by reasons of dimensions or topography.

5. If any of the properties affected by this by-law are severed before the end of the fifteen (15) year period referred to herein, the newly created lot shall also be subject to the waterworks rate established in this by-law as if the lot was in existence on the date this by-law is passed.

6. That any person whose lot is specially assessed may commute for payment in cash the special rate imposed thereon, by paying the portion of the cost of the construction assessed upon their land without interest forthwith within a time specified by the Regional Corporation.

7. That By-law Number 78-93 be repealed.

READ THREE TIMES AND FINALLY PASSED IN OPEN COUNCIL this 14th July, 1994.