WHEREAS the owners of properties abutting on Erin Mills Parkway, Peel Condominium Corporation No. 282, as set out in Schedule A to this by-law, have petitioned for the construction of a noise attenuation wall on Erin Mills Parkway (Regional Road 1), from The Collegeway to approximately 145 metres (476 feet) south of The Collegeway in the City of Mississauga, hereinafter referred to as “the Works”;

AND WHEREAS, the Regional Clerk has certified that the petition for undertaking the Works is sufficient pursuant to the requirements set out in Ontario Regulation 586/06 Local Improvement Charges – Priority Lien Status, under the Municipal Act, 2001, hereinafter referred to as “the Regulation”;

AND WHEREAS, notice of the Region’s intention to pass a by-law to undertake the Works as a local improvement at the meeting of Regional Council on January 13, 2011 was given to the public on December 22, 2010, and to the owners of the properties on December 22, 2010 in accordance with Section 6 of the Regulation;

AND WHEREAS, the Council of the Regional Corporation has by resolution on December 16, 2010 authorized the construction of the Works under Capital Project 11-4520;

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 $214,800;
   
   
2. That the Regional Corporation shall undertake the Works as a local improvement and the cost shall be specially charged to Peel Condominium Corporation No. 282 in a lump sum by the Region of Peel upon completion of the noise attenuation wall. And further, that should payment not be made as agreed by Peel Condominium Corporation No. 282, the owner’s portion in the amount of $895 per unit will be assessed to the tax roll of each of the 120 units;
   
   
3. The Commissioner of Public Works or the consulting engineer for the Regional Corporation shall take such action as may be necessary for the preparation of a contract, or contracts, for the completion of the Works under their supervision;
   
   
4. That pursuant to the Regulation, and as previously agreed to by the owners of properties abutting on Erin Mills Parkway, Peel Condominium Corporation No. 282, the total cost of the Works shall be financed as follows:

   a) the owners’ share of the cost, estimated at approximately $107,400, shall be specially charged to Peel Condominium Corporation No. 282 in a lump sum upon completion of the Works; an

   b) the remainder of the total cost of the Works, estimated at approximately $107,400, shall be born by the Regional Corporation under Capital Project 11-4520, financed from the roads Capital Financial Stabilization Reserve R0210.

READ THREE TIMES AND PASSED IN OPEN COUNCIL this 13^th day of January, 2011.

Schedule A to By-law 1-2011 (pdf)