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Home My WebLink AboutBy-law No. 2014-045 CORPORATION OF THE MUNICIPALITY OF BAYHAM BY-LAW NO.2014-045 A BY-LAW TO IMPOSE A WATER RATE UPON OWNERS OF LAND WHO DERIVE OR WILL OR MAY DERIVE A BENEFIT FROM WATERS WORKS PERFORMED TO THE RICHMOND WATER SYSTEM SUFFICIENT TO PAY THE MUNICIPAL PORTION OF THE CAPITAL COST OF THE WORKS. WHEREAS THE Council of the Corporation of the Municipality of Bayham has determined to construct certain water works to service and benefit a certain part of the Municipality by law pursuant to its powers under Part XII, Section 391 (1) of the Municipal Act 2001 as amended (the "Municipal Act") AND WHEREAS the Council of the Municipality is authorized by Part XII of the Municipal Act to impose a water rate upon owners or occupants of land who derive or will or may derive a benefit from the construction of the new municipal drinking water system in Richmond sufficient to pay all or such portion of the capital costs of the water works as Council deems appropriate; AND WHEREAS the lands to be benefited and charged with the water rate are as outlined in the map which forms Schedule "A" to this By-Law and have been designated by Council as the Specific Benefit Area of the works; AND WHEREAS THE Municipality has determined that the capital costs of such water works shall be rated against the lands outlined in Schedule "A" and shall be borne by the owners or occupants from time to time of said lands; NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE MUNICIPALITY OF BAYHAM ENACTS AS FOLLOWS: 1. For the purpose hereof, the following words when sed in the By-Law, shall have the following meaning (a) All of the following shall have the same meaning as ins provided therefore under Part XII, Section 391 (1) of the Municipal Act 200 (i) "benefit" (ii) "Immediate benefit" (iii) "deferred benefit" (iv) "capital costs" (v) "water service rate" (vi) "water works" (vii) "water rate" (b) All of the following shall have the meaning hereinafter set forth: (i) "Basic Water Rate" means the water rate assessed and imposed on a per lot basis without reference to any financing charges and shall be as identified in Schedule "B"hereto; (ii) "Deferred Benefit Lots" are new lots created by development after the initial date of passage of this by-law which will become subject to a water rate upon their creation; (iii)"Development" means the creation of a new lot from any parcel of land within the Specific Benefit area, whether by way of severance plan of subdivision, plan of condominium or otherwise, after this by-law comes into force, and the said new lot(s) have access to the works ; (iv) "Immediate Benefit lots" are separate lots identified by street address and assessment roll numbers in Schedule "B" hereto which will receive or be deemed to receive immediate benefit from the construction of the new municipal drinking water system; (v) "New lots" are separate lots created by development within the Specific Benefit Area which are not in existence as separate lots as of the date of the passage of this by-law; (vi) "Rate" means the water rate assessed or to be assessed and imposed upon owners or occupants of immediate benefit lots which rate in accordance with this By-law is set out in Schedule "B" hereto, and deferred Benefit lots in accordance with this by-law; (vii) "Specific Benefit Area" means the lands outlined and shaded in "Schedule A" hereto which represents the lands which will receive benefit, either immediate or deferred, from the construction of the new municipal drinking water system in Richmond; (viii) "Works" means the water works constructed to service and benefit the Specific Benefit Area; 2. The Works shall be constructed by the Municipality to service and benefit the Specific Benefit Area. 3. The Rate shall be assessed and imposed on the owners or occupants of lands within the Specific Benefit Area which rate shall be sufficient to pay for not less than all capital costs of the Works 4. For the purpose of this by-law, the capital costs of the Works shall include the interest amounts payable on any debenture to be issued for the Works. 5. The Rate applicable to all Immediate Benefit lots is set forth in Schedule "B"to this by-law. Deferred benefit lots will be assessed and become subject to the rates when development occurs. 6. The Rate shall be imposed for a period of twenty(20) years commencing, (a) In the case of Immediate Benefit Lot with an existing building, in the calendar year in which this by-law is passed. (b) In the case of Deferred Benefit Lots, in the calendar year in which development occurs. 7. The Rate in respect of all Immediate Benefit Lots shall be payable in those amounts as provided for in Schedule"B" and the Rate assessable and payable for Deferred Benefit Lots shall be calculated and assessed in the same manner as Immediate Benefit lots. Furthermore, the Rate assessable and payable for Deferred Benefit Lots, shall be fixed at the Basic Water Rate for single family residential Immediate Benefit Lots, as set out in Schedule "B", unless otherwise determined and fixed by an amendment to this By-.law. 8. An owner or occupant of an Immediate Benefit Lot or a Deferred Benefit Lot upon which the Rate is assessed and imposed may continue such Rate for a payment in cash in the amount specified in Schedule "B". The payment in cash shall be due and payable to the Municipality by the owner or occupants: (a) in the case of an Immediate Benefit Lot, in the calendar year in which this by- law was passed; and (b) in the case of a Deferred Benefit Lot, in the calendar year in which Development occurs. 9. Subject to section 6, the Rate shall be collected by the Municipality on the annual Final Tax installment split evenly between the two final installment payments 10. The Rate imposed under this By-law upon any owner or occupant of land within the Specific Benefit Area is a lien and charge upon the land. The Treasurer shall enter The same upon the collector's roll and the treasurer shall proceed to collect it in the same manner, as nearly as may be, as municipal taxes are collected. 11. Despite any other provision of this By-law, the revenue from the Rate imposed in respect of Deferred Benefit Lots, to the extent that it may exceed the amount required for payment of any part of the outstanding capital costs of the Works, shall be set aside and segregated by the Municipality and shall be used only for future capital improvements to the works. 12. The Schedules appended to this By-law are a part of the By-law. 13. That this By-law shall come into full force and effect upon final passing. READ A FIRST, SECOND AND THIRD TIME AND FINALLY PASSED THIS 1st DAY OF MAY, 2014. Nea-k_ t-C—W__Aj MAYOR CLERK I F 3 .." . i ... .:--- ,..—7 1 i e., -.......( /- t 4 goi qv,. '••••:-.., ....e.-i ... I ,•-• I / '":"., . / /7, •••., ..y ••••,../ •445be // •• , . .4.,...• • "Itt ! e . . s i ' 4101,40‘ 1 • / ! „... / • .• 01.yh ',. • 4,64,„/ ---, .-..e. vi ,..„, , ! .., /AY d --,. f•-.... .1 '---0----1" i 0 •,. i„ •,.. . 646._ Nom , i i • , r ce/ • 14; ./ -). , 0 1 - ; /44k. '''41 e; 9 eThe. A • "'rill c, 1 ..--4. / ,•• 41 cu . iatin._. -.. / .----, :..,-- •4.,....../ d4j12,...•Nrc::: -711'• '.. %.. . . 4S1s) , 7.---•,.. ... 'ty• el 1 .7-.:" .., . ,.., I I 1 ...., i N i i -. . -1 I CINOIAIHOIEI 5--no-7)Thirt' rYivIIN4 oi- tt --"e 1--Y'F1 'r° . SCHEDULE "B" TO BY-LAW NUMBER 2014-045 Water Service Areas Richmond Water supply area which comprises all those units/properties serviced by Richmond Community Water Inc. as follows: Capital Cost Annual Roll Numbers Address per property payment for 20 years 34-01-000-007-10500-0000 53922 Church Street $ 7,724.91 $ 517.80 34-01-000-007-08100-0000 53782 Heritage Line $ 7,724.91 $ 517.80 34-01-000-007-09200-0000 9368 Richmond Road $ 7,724.91 $ 517.80 34-01-000-007-12000-0000 53783 Heritage Line $ 7,724.91 $ 517.80 34-01-000-007-11504-0000 53891 John Street $ 7,724.91 $ 517.80 34-01-000-007-11506-0000 53875 John Street $ 7,724.91 $ 517.80 34-01-000-007-02905-0000 9235 Richmond Road $ 7,724.91 $ 517.80 34-01-000-007-02920-0000 9265 Richmond Road $ 7,724.91 $ 517.80 34-01-000-007-12300-0000 53763 Heritage Line $ 7,724.91 $ 517.80 34-01-000-007-11800-0000 9321 Richmond Road $ 7,724.91 $ 517.80 34-01-000-007-02915-0000 9253 Richmond Road $ 7,724.91 $ 517.80 34-01-000-007-11100-0000 9320 Richmond Road $ 7,724.91 $ 517.80 34-01-000-007-12502-0000 53695 Heritage Line $ 7,724.91 $ 517.80 34-01-000-007-08300-0000 53832 Heritage Line $ 7,724.91 $ 517.80 34-01-000-007-11702-0000 9220 Richmond Road $ 7,724.91 $ 517.80 34-01-000-007-10200-0000 53853 Heritage Line $ 7,724.91 $ 517.80 34-01-000-007-02910-0000 9247 Richmond Road $ 7,724.91 $ 517.80 34-01-000-007-11792-0000 9293 Richmond Road $ 7,724.91 $ 517.80 34-01-000-007-08500-0000 9349 Richmond Road $ 7,724.91 $ 517.80 34-01-000-007-11300-0000 9280 Richmond Road $ 7,724.91 $ 517.80 34-01-000-007-10300-0000 53845 Heritage Line $ 7,724.91 $ 517.80 34-01-000-007-11320-0000 53854 John Street $ 7,724.91 $ 517.80 34-01-000-007-11900-0000 53793 Heritage Line $ 7,724.91 $ 517.80 34-01-000-007-10700-0000 53927 Church Street $ 7,724.91 $ 517.80 34-01-000-007-09600-0000 9442 Richmond Road $ 7,724.91 $ 517.80 34-01-000-007-08400-0000 53836 Heritage Line $ 7,724.91 $ 517.80 34-01-000-007-09100-0000 9361 Richmond Road $ 7,724.91 $ 517.80 34-01-000-007-11700-0000 9240 Richmond Road $ 7,724.91 $ 517.80 34-01-000-007-09710-0000 9443 Richmond Road $ 7,724.91 $ 517.80 34-01-000-007-12200-0000 53765 Heritage Line $ 7,724.91 $ 517.80. 34-01-000-007-12100-0000 53777 Heritage Line $ 7,724.91 $ 517.80 34-01-000-007-11001-0000 53871 Church Street $ 7,724.91 $ 517.80 34-01-000-007-11000-0000 53864 John Street $ 7,724.91 $ 517.80 34-01-000-007-10100-0000 53867 Heritage Line $ 7,724.91 $ 517.80 34-01-000-007-12500-0000 53717 Heritage Line $ 7,724.91 $ 517.80 34-01-000-007-02925-0000 9275 Richmond Road $ 7,724.91 $ 517.80 34-01-000-007-12400-0000 53737 Heritage Line $ 7,724.91 $ 517.80 34-01-000-007-09601-0000 9432 Richmond Road $ 7,724.91 $ 517.80 34-01-000-007-11715-0000 9194 Richmond Road $ 7,724.91 $ 517.80 34-01-000-007-11400-0000 9252 Richmond Road $ 7,724.91 $ 517.80 34-01-000-007-08700-0000 9348 Richmond Road $ 7,724.91 $ 517.80 34-01-000-007-11701-0000 9204 Richmond Road $ 7,724.91 $ 517.80 34-01-000-007-08200-0000 9339 James Street $ 7,724.91 $ 517.80 34-01-000-007-09900-0000 53896 Church Street $ 7,724.91 $ 517.80 34-01-000-007-11600-0000 9244 Richmond Road $ 7,724.91 $ 517.80 34-01-000-007-11705-0000 9200 Richmond Road $ 7,724.91 $ 517.80 34-01-000-007-09700-0000 N/A Richmond Road $ 7,724.91 $ 517.80 34-01-000-007-10000-0000 53869 Heritage Line $ 7,724.91 $ 517.80 34-01-000-007-11200-0000 53850 Church Street $ 7,724.91 $ 517.80 34-01-000-007-11790-0000 9285 Richmond Road $ 7,724.91 $ 517.80 34-01-000-007-10900-0000 53895 Church Street $ 7,724.91 $ 517.80