Bylaw No. 56-95
Waterworks Local Improvement Construction By-law No. 1, 1995 (Clayburn Road/Bridgeview Street)
| Contents | ||
|---|---|---|
| 1 Citation | ||
| 2 Works | ||
| 3 Prepare plans | ||
| 4 Direct work | ||
| 5 Provision for work by contract | ||
| 6 Temporary financing | ||
| 7 Charge to properties | ||
| 8 Cash commutations | ||
WHEREAS a petition requesting extension of water mains as a work of local improvement to provide water to properties on Clayburn Road and Bridgeview Street has been received;
AND WHEREAS the petition is signed by more than two-thirds of the owners of parcels representing more than one-half of the assessed value of all the parcels liable to be specifically charged pursuant to Section 658 of the Municipal Act;
AND WHEREAS the City Clerk has determined the sufficiency of the petition in accordance with Section 659 of the Municipal Act;
AND WHEREAS the construction, operation and maintenance costs of the works will not be repaid by the regular user charge and by the frontage tax of 82¢ per meter, an additional frontage tax will be applicable;
AND WHEREAS Council has a report from the Sanitation Engineer stating that:
(a) the lifetime of the work is expected to exceed 20 years;
(b) the estimated cost of the work is $295,000 of which $67,500 will be specifically charged against the parcels benefiting from or abutting the work;
(c) the number of installments by which special charges shall be payable is 20 years;
NOW THEREFORE, the Council of the City of Abbotsford, in open meeting assembled, ENACTS AS FOLLOWS:
Citation
1 By-law No. 56-95 may be cited as "Waterworks Local Improvement Construction By-law No. 1, 1995 (Clayburn Road/ Bridgeview Street)".
Works
2 It is hereby determined and declared that it is desirable that the work of extending the water main to properties on Bridgeview Street and Clayburn Road, as shown on the Plan attached hereto and forming part of this by-law, should be undertaken as a work of local improvement under Section 658 of the Municipal Act, and the above-cited report and the conclusions and recommendations therein contained and applicable to the said work are hereby adopted.
Prepare plans
3 The Director of Engineering shall forthwith make such plans, profiles and specifications and furnish such information as may be necessary for the execution or making of a contract or contracts for the execution of the work, if the Council shall determine to award a contract or contracts therefor.
Direct work
4 The work, if done by the municipality, shall be carried on and executed under the superintendence of the Director of Engineering and according to said plans, profiles and specifications, and to the directions and orders of the Director of Engineering, and if done by contract, shall be carried on and executed in all respects in conformity with the said plans, profiles and specifications and to the satisfaction of the Director of Engineering.
Provision for work by contract
5 If the Council, by resolution, decides to have the said work done in whole or in part by contract, the Mayor and Clerk are authorized to execute a contract with some person, persons, firm or corporation, which contract shall first be approved by the Council. In such event, the contractor shall be required to guarantee that he will so construct the said work as to comply with all the requirements of the Director of Engineering, and that he will, when required, make good any imperfections therein due to materials, workmanship or construction for such period of time as the Director of Engineering shall deem necessary in the circumstances.
Temporary financing
6 The Treasurer may, subject to the approval of the Council, agree with any bank or person for temporary advances of money to meet the cost of the work pending the completion of it.
Charge to properties
7 Pursuant to By-law No. 2498, "Water Local Improvement Charge By-law, 1984", as amended, the proportion of the cost of these works, which is to be specially charged against the parcels benefiting from or abutting the work, as the owners' portion shall be 75% payable by a frontage tax levied year by year for 20 years.
Based on the total taxable frontage for the project to be undertaken pursuant to this by-law, the annual charge for each meter of taxable frontage shall be $5.13 in addition to the .82¢ per taxable frontage meter payable under By-law No. 936, "Water Frontage Tax By-law", as amended.
Cash commutations
8 Persons whose parcels are subject to being specially charged for the work undertaken by this by-law may elect to make a one-time cash commutation of the portion of the cost of construction assessed upon their parcel. The commuted value shall be determined by the Treasurer.