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File #: 17-115    Version: 1 Name:
Type: Staff Report Status: Passed
File created: 3/13/2017 In control: Council
On agenda: 3/20/2017 Final action: 3/20/2017
Title: Repeal of Bylaw No. 1274 and No. 1522 re Local Improvements
Attachments: 1. Bylaws 1274 and 1522, 2. Bylaw 2894 - Repeal Bylaws 1274 and 1522

REQUEST FOR DECISION

 

DATE:                       March 13, 2017                     Report No. ADM-17-007

TO:                       Laurie Hurst, Chief Administrative Officer                                           

FROM:                      Anja Nurvo, Director of Corporate Services

SUBJECT:

 

Title

Repeal of Bylaw No. 1274 and No. 1522 re Local ImprovementsEnd

 

RECOMMENDATION:

 

Recommendation

That Council gives first, second and third readings to the Bylaw to Repeal Bylaw Nos. 1274 and 1522, 2017, No. 2894.

Body

 

RELEVANT POLICY:

 

Community Charter Part 7, Division 5

 

STRATEGIC RELEVANCE:

 

Ongoing review and updating of Bylaws and Policies to ensure processes for business and development are clear and consistent

 

BACKGROUND:

 

During staff’s ongoing review of the Township’s current bylaws, staff researched the history of the General Local Improvement Bylaw, 1969, No. 1274 and Amendment Bylaw (No. 1), 1976, Bylaw No. 1522. Both of these Bylaws were passed under the previous Municipal Act, which provided that a Council could not undertake any class of work as a local improvement unless it had passed a general bylaw, a copy of which was deposited with the Inspector of Municipalities.

 

The Municipal Act is no longer in force and funding for local area services is now addressed by Part 7 Division 5 of the Community Charter. Leaving these Bylaws in force may potentially cause problems since they set out the precise proportion of the cost of the work to be charged against the benefitting parcels, even though those charges may not be in accordance with the actual costs of the service or what the Township considers to be a reasonable cost that ought to charged. The Community Charter now provides for an entire system for determining cost recovery, and by repealing the previous Bylaws, the Township can clearly take advantage of the new system to determine on a case by case basis what proportion of costs of any service should be charged to benefitting parcels.

 

     

 

ISSUES: 

 

1.  Rationale for Selected Option

 

The Community Charter now provides a system for dealing with local area services, including determining funding and cost recovery from residents within the service area. Accordingly, Bylaw No. 1274 and No. 1522 are outdated and redundant and should be repealed.

 

2.  Organizational Implications

 

There are no organizational implications.

 

3.  Financial Implications

 

There are no financial implications. Bylaw Nos. 1274 and 1522 provide for annual charges against benefitting parcels for a total of 15 years. Staff has confirmed that there are no longer any payments being made pursuant to these Bylaws by any benefitting owner. 

 

4.  Sustainability & Environmental Implications

 

There are no sustainability or environmental implications.

 

5.  Communication & Engagement

 

Once repealed, the Master Bylaw Index and the electronic Bylaw Directory available for all staff will be updated to show that Bylaw No. 1274 and No. 1522 have been repealed.   

 

 

ALTERNATIVES:

 

1.                     That Council gives first, second and third readings to the Bylaw to Repeal Bylaw Nos. 1274 and 1522, 2017, No. 2894.

 

2.                     That Council not repeal Bylaw No. 1274 and Bylaw No. 1522.