By-law 24236

TOWN OF BEDFORD - BY-LAW NO.24236

BE IT RESOLVED that the following By-Law be, and the same is hereby, adopted and enacted by the Town of Bedford, pursuant to its authority under Section 221 of the Towns Act, R.S.N.S. 1967, c.309, and amendments thereto, when and if the same receives the approval of the Minister of Municipal Affairs, and that the Town Clerk forward this By-Law to the Minister and request his approval thereof.

A By-Law Providing for the Recovery of Capital Costs of Extensions to Sewer and Water Services in the Town of Bedford

1. This By-Law shall be known as By-Law No.24236 and may be cited as the "Sewer and Water Extension By-Law".

2. In this By-Law all words shall take their meaning as described in accepted dictionaries of the English language, except for the following specifically-defined words:

(a) "Clerk" means the Clerk of the Town of Bedford;

(b) "cost of project" means the total cost of an extension of services project including laterals to the street boundary and including not only the costs of construction, installation and administration but also any expenses relating to engineering, surveying and other incidental expenses and including the cost of raising funds to finance the project and the costs of financing throughout the amortization period of the project, and "services" refers to either water or sewer or both;

(c) "Council" means the Council of the Town of Bedford;

(d) "designated serviced public street" means any public street listed in a Schedule attached to this By-Law;

(e) "designated service charge" means the charge resulting from the application of this By-Law and relating to any property with frontage on a designated serviced public street;

(f) "Engineer" means the Director of Engineering and Works for the Town of Bedford;

(g) "frontage" means the linear measurement of the property line which abuts a public street;

(h) "owner" means prima facie the assessed owner of any property, in whole or in part, as listed on the assessment rolls prepared by the Assessment Division of the Nova Scotia Department of Municipal Affairs;

(i) "public street" means any public street, road, lane or thoroughfare which is vested absolutely in the Town;

(j) "Town" means the Town of Bedford.

3. Council may consider and may undertake either a sewer extension project or a water extension project, or both, after receipt of a report and recommendation from the Engineer and according to the then current policy of Council relating to such project.

4. (1) Water services, and extensions thereof, within the Town of Bedford are the responsibility of the Halifax County Water Utility. Any resident wishing an extension of water services shall so notify the Clerk of the Town in writing and such request shall be taken up between the Town and the said Water Utility.

(2) In the event that the Town takes over responsibility for its own water services, this By-law shall be amended to reflect that change of circumstances.

OWNER LIABLE:
5. Every owner of property which has frontage on a designated serviced public street shall pay the designated service charge applicable to that property.

DESIGNATED SERVICE CHARGE:
*6. The designated service charge applicable to any particular property shall be determined by using one of the following formulas:

T.C. - F.C. x P.P.F. = D.S.C. T.P.F.

Where:

T.C. = total cost of project or projects;

F.C. = total financial contributions of Federal, Provincial or municipal governments;

T.P.F. = total property frontages to be taken into account;

P.P.F. = the particular property frontage;

D.S.C. = the designated service charge for that particular property.

* By Property:

T.C. - F.C. = D.S.C. T.P.

Where:

T.C. = total cost of project or projects;

F.C. = total financial contributions of federal, provincial or municipal governments;

T.P. = total number of properties involved in the project;

D.S.C. = the designated service charge for each property within the project area.

EXEMPTION:
7. Any property which would otherwise be subject to a designated service charge but which already has frontage on a public street serviced by sewer and water is exempt from the application of this By-Law.

EXCEPTIONS:
8. Any property which has more than one (1) frontage on a designated serviced public street, shall be charged for only one (1) frontage, that being the longest frontage involved.

9. In the case of a project, or a portion thereof, which services a cul-de-sac, the formula in Section 6 shall not apply but the percentage that the cost of servicing the cul-de-sac represents of the total cost of the extension project shall be calculated and that percentage shall be applied to the subsidized portion of the total cost of the project (T.C. minus F.C. from Section 6 above) with the resulting cost figure then being divided by the number of properties which have both frontage on the cul-de-sac and have the cul-de-sac as their civic address and the owner of each such property shall be liable to pay the resulting cost which shall be known as the designated service charge for that particular property.

LIEN:
10. Every designated service charge shall form a lien on the real property affected in the same manner and with the same effect as rates and taxes under the Assessment Act and shall be collectable in the same manner as rates and taxes on real property are collected under the Assessment Act and, at the option of the Clerk, be so collectable at the same time and by the same proceedings as are other rates and taxes.

11. The lien provided for in this By-Law shall become effective on the date on which the Engineer files with the Clerk a certificate that the project has been completed.

12. The designated service charge shall become due and payable on the date that the bill therefor is mailed, by ordinary mail, to the property owner.

PAYMENT:
13. The designated service charge shall be paid by equal annual payments, each payable on the anniversary of the date of which the amount becomes due and payable, extended over a period of twenty (20) years, with interest payable thereon annually at a rate of two percent (2%) higher than the Royal Bank of Canada's prime lending rate, such interest rate to be set as of the date the Engineer's certificate is filed with the Clerk, pursuant to Clause 11, with power to prepay the whole or any part of the designated service charge, or the balance outstanding, plus interest accumulated to the date of payment, at any time without notice.

14. If default is made in any annual payment of principal or interest when it falls due, then the entire balance of principal and interest becomes due and payable immediately, without notice or demand.

SCHEDULES:
15. Any Schedule attached to this By-Law shall form part of this By-Law.

APPROVED BY TOWN COUNCIL ON APRIL 17, 1989.

APPROVED BY MINISTER OF MUNICIPAL AFFAIRS ON JULY 20, 1989.

*AMENDMENT(S) APPROVED BY TOWN COUNCIL ON MARCH 9, 1993.

*AMENDMENTS APPROVED BY MINISTER OF MUNICIPAL AFFAIRS ON APRIL 13, 1993.

SEWER AND WATER EXTENSION BY-LAW
SCHEDULE "A"

(Peerless Subdivision Extension)
Public Streets:
1. Lewis Drive

2. Bernard Street

3. Olive Avenue

4. Hammonds Plains Road