Report
to: General Committee Report
Date:
SUBJECT: Cachet Estates/Glenbourne Park Drive Water Distribution System – Fee By-law
PREPARED BY: Renée Chong, Capital Works Engineer, ext. 2034
RECOMMENDATION:
THAT the report entitled “Cachet Estates/Glenbourne Park Drive Water Distribution System – Fee By-law” be received;
AND THAT Council enact a fee (attached) by-law pursuant to Section 391 of the Municipal Act 2001 for costs associated with the water distribution system;
AND THAT the Finance Department be authorized to collect the total project costs for the Cachet Estates/Glenbourne Park Drive water distribution system from the area property owners (as set out in the fee by-law) in the amount of $22,000 per lot;
AND THAT the costs per lot be paid as either an interest free lump sum payment or annually up to a maximum of 10 years accruing interest at the same rate as the current Region of York debenture rate (4.4%), calculated annually in advance;
AND THAT any unpaid amounts be added to the tax account of each property owner;
AND THAT remaining funds $392,968.82 be transferred to the Operations Department for the paving restoration work within this area;
AND THAT staff be authorized and directed to do all things necessary to give effect to this resolution.
Based on the final cost of construction, the cost per lot to
benefiting owners of the
1. Purpose 2.
Background 3. Discussion 4. Financial
5. Others
(Environmental, Accessibility, Engage 21st, Affected Units) 6.
Attachment(s)
The purpose of this report is to seek Council’s approval for the fee by-law to recover the cost of the Cachet Estates/Glenbourne Park Drive water distribution system from the benefiting property owners.
The project area
known as
On
Memme Excavating Co. Ltd. was awarded the contract in April of 2005 and their work is complete. The Town’s Operations Department will carry out the final asphalt restoration in this area. This will allow the watermain road works to be combined with the Operations Department road resurfacing program resulting in a comprehensive resurfacing program for the area.
Fee By-law
Section 391 of the Municipal Act requires that Council enact a fee by-law to recover the front-ended costs from the benefiting property owners. A fee by-law may provide for interest charges and other penalties for fees that are due and unpaid. Fees may be added to the tax roll and collected in the same manner as taxes.
The fee by-law may provide the residents with the option of paying the full amount in an interest free lump sum payment or annually up to a maximum of 10 years with interest payable at the same rate as the current 10 year Region of York Debenture Interest Rate. The current rate is 4.4%. Payment in full of the outstanding balance plus accrued interest would be permitted at anytime.
Total Project Cost
A comparison of the estimated costs at the time of contract award in 2005 and the final project cost is shown below.
|
April 2005 Budget |
February 2007 Actuals |
Funds Remaining |
Construction Cost |
$6,156,025.92 |
$5,916,843.41 |
$239,182.51 |
Modified Construction Contingency |
$41,462.85 |
$0.00 |
$41,462.85 |
Contract Administration |
$138,510.58 |
$153,145.49 |
($14,634.91) |
Engineering Design Fees |
$144,100.00 |
$138,718.53 |
$5,381.47 |
Geotechnical/Soil Testing |
$32,000.00 |
$28,323.75 |
$3,676.25 |
|
$153,900.65 |
$80,000.00 |
$73,900.65 |
TOTAL vs. Original Budget |
$6,666,000.00 |
$6,317,031.18 |
$348,968.82 |
Incremental Funding from 2 extra lots (2 x $22,000) |
$44,000.00 |
$0.00 |
$44,000.00 |
TOTAL with Incremental Funding |
$6,710,000.00 |
$6,317,031.18 |
$392,968.82 |
The Operations Department has advised that the actual asphalt restoration and repair works will exceed budget available of $275,068.17 (funds remaining before reduction in engineering fees & contribution from additional lots) due to a change in scope from the original contract. This work will be tendered later in the year and a report will be presented to Council.
In order to finance the restoration works the Engineering Department recommended $73,900.65 of their project management fee for this project be applied towards the asphalt restoration.
In addition it is recommended that the 305 lots in this improvement area be assessed the maximum committed rate of $22,000. This would provide an additional $44,000 towards the asphalt restoration program. Total funding remaining for this project, which is shown in the table above, will be made available for asphalt restoration ($392,968.82). It is anticipated that the tender will be exceed the available funding and any request for additional funds will be made at the time of the award.
Legal, Finance and Operations Departments have reviewed and commented on this report.
RECOMMENDED BY:
|
|
|
Alan Brown, C.E.T. Director of |
|
Jim
Baird, M.C.I.P., R.P.P. Commissioner of Development Services |
Attachment A – Location Map
Attachment B – Draft Bylaw – Cachet Estates/ Glenbourne Park Drive Wtermain System Fees By-law
Q:\Development\Engineering\REPORTS\2007\April\Fee
By-law Report CACHET - updated Mar 13.doc
Attachment
B: Draft Bylaw – Cachet Estates /
BY- LAW 2007 –
Being
a by-law to levy the actual cost of construction of the watermain distribution
system in Cachet Estates /
WHEREAS paragraph 391(1)(a) of the Municipal Act, 2001 provides that a municipality may pass a by-law for imposing fees or charges or activities provided by or done on behalf of it;
AND WHEREAS Council of The Corporation of the Town of Markham on April 12, 2005 authorized a by-law to levy the actual cost of construction of a watermain distribution system in Cachet Estates and Glenbourne Park Drive;
NOW THEREFORE THE COUNCIL OF THE
CORPORATION OF THE TOWN OF
1. Cachet
Estates /
2. The
actual cost of construction of the watermain distribution system installed in
“Cachet Estate /
3. The
Actual Cost shall be allocated equally to each lot in “Cachet Estate /
4. Each
property owner in “Cachet Estates /
5. Interest shall be calculated and paid by each property owner on the outstanding principal amount at the rate of 4.4% annually.
6. Notwithstanding
section 4 above, the outstanding balance, plus accrued interest up to the date
of payment, may be paid at any time prior to
7. There
shall be no interest payable if the Lot Cost is paid in full by
8. The Schedules attached hereto shall be and form part of this By-law.
READ A FIRST, SECOND AND THIRD TIME AND PASSED THIS DAY OF , 2007.
__________________________ __________________________
SHEILA BIRRELL, CLERK FRANK
SCARPITTI, MAYOR
SCHEDULE
“A”
TO
BY-LAW 2007-
Street No |
Street Name |
|
1 |
AHORN
GROVE |
$22,000.00 |
3 |
AHORN
GROVE |
$22,000.00 |
5 |
AHORN
GROVE |
$22,000.00 |
2 |
ALLEN
MANOR |
$22,000.00 |
6 |
ALLEN
MANOR |
$22,000.00 |
10 |
ALLEN
MANOR |
$22,000.00 |
15 |
ALLEN
MANOR |
$22,000.00 |
16 |
ALLEN
MANOR |
$22,000.00 |
18 |
ALLEN
MANOR |
$22,000.00 |
19 |
ALLEN
MANOR |
$22,000.00 |
22 |
ALLEN
MANOR |
$22,000.00 |
23 |
ALLEN
MANOR |
$22,000.00 |
26 |
ALLEN
MANOR |
$22,000.00 |
27 |
ALLEN
MANOR |
$22,000.00 |
2 |
|
$22,000.00 |
3 |
|
$22,000.00 |
4 |
|
$22,000.00 |
5 |
|
$22,000.00 |
6 |
|
$22,000.00 |
8 |
|
$22,000.00 |
12 |
|
$22,000.00 |
14 |
|
$22,000.00 |
15 |
|
$22,000.00 |
16 |
|
$22,000.00 |
18 |
|
$22,000.00 |
22 |
|
$22,000.00 |
26 |
|
$22,000.00 |
2 |
BLENCATHRA
HILL |
$22,000.00 |
4 |
BLENCATHRA
HILL |
$22,000.00 |
5 |
BLENCATHRA
HILL |
$22,000.00 |
6 |
BLENCATHRA
HILL |
$22,000.00 |
8 |
BLENCATHRA
HILL |
$22,000.00 |
9 |
BLENCATHRA
HILL |
$22,000.00 |
10 |
BLENCATHRA
HILL |
$22,000.00 |
12 |
BLENCATHRA
HILL |
$22,000.00 |
14 |
BLENCATHRA
HILL |
$22,000.00 |
15 |
BLENCATHRA
HILL |
$22,000.00 |
16 |
BLENCATHRA
HILL |
$22,000.00 |
17 |
BLENCATHRA
HILL |
$22,000.00 |
18 |
BLENCATHRA
HILL |
$22,000.00 |
20 |
BLENCATHRA
HILL |
$22,000.00 |
21 |
BLENCATHRA
HILL |
$22,000.00 |
22 |
BLENCATHRA
HILL |
$22,000.00 |
23 |
BLENCATHRA
HILL |
$22,000.00 |
24 |
BLENCATHRA
HILL |
$22,000.00 |
25 |
BLENCATHRA
HILL |
$22,000.00 |
26 |
BLENCATHRA
HILL |
$22,000.00 |
27 |
BLENCATHRA
HILL |
$22,000.00 |
28 |
BLENCATHRA
HILL |
$22,000.00 |
29 |
BLENCATHRA
HILL |
$22,000.00 |
30 |
BLENCATHRA
HILL |
$22,000.00 |
32 |
BLENCATHRA
HILL |
$22,000.00 |
1 |
|
$22,000.00 |
3 |
|
$22,000.00 |
5 |
|
$22,000.00 |
7 |
|
$22,000.00 |
9 |
|
$22,000.00 |
11 |
|
$22,000.00 |
15 |
|
$22,000.00 |
17 |
|
$22,000.00 |
19 |
|
$22,000.00 |
21 |
|
$22,000.00 |
23 |
|
$22,000.00 |
25 |
|
$22,000.00 |
27 |
|
$22,000.00 |
1 |
CACHET
PARKWAY |
$22,000.00 |
3 |
CACHET PARKWAY |
$22,000.00 |
4 |
CACHET PARKWAY |
$22,000.00 |
5 |
CACHET PARKWAY |
$22,000.00 |
6 |
CACHET PARKWAY |
$22,000.00 |
7 |
CACHET PARKWAY |
$22,000.00 |
8 |
CACHET PARKWAY |
$22,000.00 |
9 |
CACHET PARKWAY |
$22,000.00 |
10 |
CACHET PARKWAY |
$22,000.00 |
11 |
CACHET PARKWAY |
$22,000.00 |
12 |
CACHET PARKWAY |
$22,000.00 |
14 |
CACHET PARKWAY |
$22,000.00 |
15 |
CACHET PARKWAY |
$22,000.00 |
16 |
CACHET PARKWAY |
$22,000.00 |
17 |
CACHET PARKWAY |
$22,000.00 |
18 |
CACHET PARKWAY |
$22,000.00 |
19 |
CACHET PARKWAY |
$22,000.00 |
20 |
CACHET PARKWAY |
$22,000.00 |
21 |
CACHET PARKWAY |
$22,000.00 |
23 |
CACHET PARKWAY |
$22,000.00 |
26 |
CACHET PARKWAY |
$22,000.00 |
28 |
CACHET PARKWAY |
$22,000.00 |
29 |
CACHET PARKWAY |
$22,000.00 |
31 |
CACHET PARKWAY |
$22,000.00 |
33 |
CACHET PARKWAY |
$22,000.00 |
34 |
CACHET PARKWAY |
$22,000.00 |
35 |
CACHET PARKWAY |
$22,000.00 |
36 |
CACHET PARKWAY |
$22,000.00 |
37 |
CACHET PARKWAY |
$22,000.00 |
38 |
CACHET PARKWAY |
$22,000.00 |
39 |
CACHET PARKWAY |
$22,000.00 |
41 |
CACHET PARKWAY |
$22,000.00 |
43 |
CACHET PARKWAY |
$22,000.00 |
45 |
CACHET PARKWAY |
$22,000.00 |
46 |
CACHET PARKWAY |
$22,000.00 |
47 |
CACHET PARKWAY |
$22,000.00 |
48 |
CACHET PARKWAY |
$22,000.00 |
49 |
CACHET PARKWAY |
$22,000.00 |
50 |
CACHET PARKWAY |
$22,000.00 |
52 |
CACHET PARKWAY |
$22,000.00 |
54 |
CACHET PARKWAY |
$22,000.00 |
56 |
CACHET PARKWAY |
$22,000.00 |
57 |
CACHET PARKWAY |
$22,000.00 |
58 |
CACHET PARKWAY |
$22,000.00 |
59 |
CACHET PARKWAY |
$22,000.00 |
60 |
CACHET PARKWAY |
$22,000.00 |
61 |
CACHET PARKWAY |
$22,000.00 |
62 |
CACHET PARKWAY |
$22,000.00 |
63 |
CACHET PARKWAY |
$22,000.00 |
65 |
CACHET PARKWAY |
$22,000.00 |
67 |
CACHET PARKWAY |
$22,000.00 |
68 |
CACHET PARKWAY |
$22,000.00 |
70 |
CACHET PARKWAY |
$22,000.00 |
72 |
CACHET PARKWAY |
$22,000.00 |
74 |
CACHET PARKWAY |
$22,000.00 |
75 |
CACHET PARKWAY |
$22,000.00 |
76 |
CACHET PARKWAY |
$22,000.00 |
77 |
CACHET PARKWAY |
$22,000.00 |
79 |
CACHET PARKWAY |
$22,000.00 |
81 |
CACHET PARKWAY |
$22,000.00 |
7A |
CACHET PARKWAY |
$22,000.00 |
1 |
|
$22,000.00 |
3 |
|
$22,000.00 |
5 |
|
$22,000.00 |
7 |
|
$22,000.00 |
9 |
|
$22,000.00 |
2 |
|
$22,000.00 |
4 |
|
$22,000.00 |
6 |
|
$22,000.00 |
7 |
|
$22,000.00 |
8 |
|
$22,000.00 |
1 |
|
$22,000.00 |
3 |
|
$22,000.00 |
5 |
|
$22,000.00 |
7 |
|
$22,000.00 |
2 |
|
$22,000.00 |
4 |
|
$22,000.00 |
6 |
|
$22,000.00 |
8 |
|
$22,000.00 |
10 |
|
$22,000.00 |
12 |
|
$22,000.00 |
4 |
|
$22,000.00 |
5 |
|
$22,000.00 |
6 |
|
$22,000.00 |
7 |
|
$22,000.00 |
8 |
|
$22,000.00 |
9 |
|
$22,000.00 |
10 |
|
$22,000.00 |
11 |
|
$22,000.00 |
12 |
|
$22,000.00 |
15 |
|
$22,000.00 |
17 |
|
$22,000.00 |
18 |
|
$22,000.00 |
19 |
|
$22,000.00 |
20 |
|
$22,000.00 |
21 |
|
$22,000.00 |
22 |
|
$22,000.00 |
23 |
|
$22,000.00 |
24 |
|
$22,000.00 |
25 |
|
$22,000.00 |
26 |
|
$22,000.00 |
27 |
|
$22,000.00 |
29 |
|
$22,000.00 |
31 |
|
$22,000.00 |
33 |
|
$22,000.00 |
35 |
|
$22,000.00 |
37 |
|
$22,000.00 |
39 |
|
$22,000.00 |
41 |
|
$22,000.00 |
43 |
|
$22,000.00 |
45 |
|
$22,000.00 |
47 |
|
$22,000.00 |
49 |
|
$22,000.00 |
50 |
|
$22,000.00 |
51 |
|
$22,000.00 |
52 |
|
$22,000.00 |
53 |
|
$22,000.00 |
55 |
|
$22,000.00 |
57 |
|
$22,000.00 |
2 |
|
$22,000.00 |
6 |
|
$22,000.00 |
4 |
|
$22,000.00 |
6 |
|
$22,000.00 |
8 |
|
$22,000.00 |
3231 |
|
$22,000.00 |
3251 |
|
$22,000.00 |
3520 |
|
$22,000.00 |
3539 |
|
$22,000.00 |
3540 |
|
$22,000.00 |
3549 |
|
$22,000.00 |
3590 |
|
$22,000.00 |
3803 |
|
$22,000.00 |
2 |
|
$22,000.00 |
8 |
|
$22,000.00 |
11 |
OLD |
$22,000.00 |
21 |
OLD |
$22,000.00 |
51 |
OLD |
$22,000.00 |
1 |
|
$22,000.00 |
3 |
|
$22,000.00 |
5 |
|
$22,000.00 |
7 |
|
$22,000.00 |
9 |
|
$22,000.00 |
10 |
|
$22,000.00 |
11 |
|
$22,000.00 |
12 |
|
$22,000.00 |
14 |
|
$22,000.00 |
15 |
|
$22,000.00 |
16 |
|
$22,000.00 |
17 |
|
$22,000.00 |
18 |
|
$22,000.00 |
19 |
|
$22,000.00 |
20 |
|
$22,000.00 |
21 |
|
$22,000.00 |
22 |
|
$22,000.00 |
23 |
|
$22,000.00 |
24 |
|
$22,000.00 |
25 |
|
$22,000.00 |
26 |
|
$22,000.00 |
27 |
|
$22,000.00 |
28 |
|
$22,000.00 |
29 |
|
$22,000.00 |
32 |
|
$22,000.00 |
33 |
|
$22,000.00 |
34 |
|
$22,000.00 |
35 |
|
$22,000.00 |
37 |
|
$22,000.00 |
39 |
|
$22,000.00 |
50 |
|
$22,000.00 |
1 |
|
$22,000.00 |
2 |
|
$22,000.00 |
6 |
|
$22,000.00 |
7 |
|
$22,000.00 |
10 |
|
$22,000.00 |
14 |
|
$22,000.00 |
15 |
|
$22,000.00 |
19 |
|
$22,000.00 |
23 |
|
$22,000.00 |
27 |
|
$22,000.00 |
30 |
|
$22,000.00 |
31 |
|
$22,000.00 |
34 |
|
$22,000.00 |
35 |
|
$22,000.00 |
38 |
|
$22,000.00 |
39 |
|
$22,000.00 |
46 |
|
$22,000.00 |
49 |
|
$22,000.00 |
50 |
|
$22,000.00 |
53 |
|
$22,000.00 |
54 |
|
$22,000.00 |
57 |
|
$22,000.00 |
2 |
|
$22,000.00 |
6 |
|
$22,000.00 |
8 |
|
$22,000.00 |
5 |
|
$22,000.00 |
6 |
|
$22,000.00 |
9 |
|
$22,000.00 |
10 |
|
$22,000.00 |
12 |
|
$22,000.00 |
15 |
|
$22,000.00 |
18 |
|
$22,000.00 |
1 |
|
$22,000.00 |
3 |
|
$22,000.00 |
5 |
|
$22,000.00 |
7 |
|
$22,000.00 |
9 |
|
$22,000.00 |
9563 |
WARDEN
AVENUE |
$22,000.00 |
9725 |
WARDEN
AVENUE |
$22,000.00 |
9735 |
WARDEN
AVENUE |
$22,000.00 |
9759 |
WARDEN
AVENUE |
$22,000.00 |
9779 |
WARDEN
AVENUE |
$22,000.00 |
9795 |
WARDEN
AVENUE |
$22,000.00 |
9799 |
WARDEN
AVENUE |
$22,000.00 |
9821 |
WARDEN
AVENUE |
$22,000.00 |
9964 |
WARDEN
AVENUE |
$22,000.00 |
9977 |
WARDEN
AVENUE |
$22,000.00 |
9988 |
WARDEN
AVENUE |
$22,000.00 |
1 |
|
$22,000.00 |
2 |
|
$22,000.00 |
3 |
|
$22,000.00 |
4 |
|
$22,000.00 |
6 |
|
$22,000.00 |
8 |
|
$22,000.00 |
9835 |
WOODBINE
AVENUE |
$22,000.00 |
9845 |
WOODBINE
AVENUE |
$22,000.00 |
9921 |
WOODBINE
AVENUE |
$22,000.00 |
9941 |
WOODBINE
AVENUE |
$22,000.00 |
9947 |
WOODBINE
AVENUE |
$22,000.00 |
9963 |
WOODBINE
AVENUE |
$22,000.00 |
0* |
|
$22,000.00 |
28* |
|
$22,000.00 |
40* |
|
$22,000.00 |
Note:
(*) These 3 blocks have been serviced into 12 separate lots but have not yet
been separately assessed so the levy will be billed to the current owner
(developer).
SCHEDULE
“B”
TO
BY-LAW 2007 –
Address: Cachet Estates /
Repayment Plan: Maximum of 10
years at 4.4%
Cost per lot: $22,000.00
Interest: 4.4%
Year |
Beg |
Interest |
Payment |
Total |
2007 |
$22,000.00 |
$ 968.00
|
$
2,766.68 |
$20,201.32 |
2008 |
$20,201.32 |
$
888.86 |
$
2,766.68 |
$18,323.50 |
2009 |
$18,323.50 |
$
806.23 |
$
2,766.68 |
$16,363.05 |
2010 |
$16,363.05 |
$
719.97 |
$
2,766.68 |
$14,316.35 |
2011 |
$14,316.35 |
$
629.92 |
$
2,766.68 |
$12,179.59 |
2012 |
$12,179.59 |
$
535.90 |
$
2,766.68 |
$
9,948.81 |
2013 |
$
9,948.81 |
$
437.75 |
$
2,766.68 |
$
7,619.87 |
2014 |
$
7,619.87 |
$
335.27 |
$
2,766.68 |
$
5,188.47 |
2015 |
$
5,188.47 |
$
228.29 |
$
2,766.68 |
$
2,650.08 |
2016 |
$
2,650.08 |
$
116.60 |
$
2,766.68 |
$
0.01 |
Total |
|
$5,666.81 |
$27,666.80 |
|