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HomeMy WebLinkAbout04/30/1997 (Special) _CJ!a;r;;gi;;n ONTARIO SPECIAL COUNCIL MEETING DATE: APRIL 30, 1997 TIME: 7:00 P.M. PLACE: COUNCIL CHAMBERS PRAYERS ROLL CALL DECLARATIONS OF INTEREST DELEGATIONS J 1. Bruno Harilaid, Ontario South Finance Incorporated, 601 Dundas Street East, Whitby, L1N 7B8 _ Report WD-26-97 (Macourtice); and /2. Bob Kresaul, 41 Living Court, Courtice, L1E 2V6 _ Report WD-26-97 (Macourtice). COMMUNICATIONS Receive for Direction J'D - 1 Correspondence received from Gerrit VanLonden, 6 Queen Street, Bowmanville, L1C 1L8 _ Report WD-26-97 (Bradshaw Street) . REPORTS 1. Report WD-26-97 - Proposed Front-Ending Agreements Between the Municipality of Clarington and the Persons Referred to in Report WD-26-97 and the Passing of an Amendment to the Development Charges By-law, By-law 92-105, as amended (Only items pertaining to Macourtice Developments Inc., deferred from the Council meeting of April 28, 1997). BY-LAWS 97-93 being a by-law to amend By-law 92-105, as amended; and 97-89 being a by-law to authorize the making of a front-ending agreement between the Municipality of Clarington and Macourtice Developments Inc. BY-LAW TO APPROVE ALL ACTIONS OF COUNCIL ADJOURNMENT CORPORA TION OF THE MUNICIPALITY OF ClARINGTON .: ~EMPERANCE STREET. BOWMANVlllE .ONTARIO .llC 3A6. (90S) 623-3379. FAX 623..169 @ RECYCLED ,.....ER COUNCIL DIRECTION ~'.:". Gerrit iianLunnen 6 ftneen Street DOl;}"Aillt;<-:ilie, nrrt:'~j,io D - 1 ~~os G97 24.9.1 ~a\Jn:r lUaue Rallre ffunici'p~ 1 i ty (If ClarLnqtoIl 4D Te~erance Street Bn~anville. Ontario L1.C ~:A6 AGENDA .uear Ha.j'or HaJUe: Re: Li~t of Hdfte3. Addre3se~: and Phone ~er3 of Lando~~r3 as ner the reque3t .. ~ Made at Gmmcil. Ileettng heM April 28, 1991 - By-Lav 92-105 _ Brad3hav Street Road Rec0Ii3truction and Front-Eru:iing blp:ee.ent Attached you nll f.jnd the li st of landowner3 with docuaentatioTt of reqi3tered d.eea:3 and 3luveys of propertie3 located. on Bradshaw Street. It is the hmdowners o:pirdoo that these dO[:UIlent..s do not concur nth. the 3l.uveys attached to the Ser:n.as Report. and tlte awIicinal. repurt Vll-26-97. brin...iua the infoaatiun .... --r .... ~Ji att.ached to By-La~ 92-10-5 regr<...rdiJ'tg Brad:ahal1 St..reet. in que:3tioH. bY receipt of -rj-d s letter. (:!}Tlfi:r]'iation 1.3 accepted that an agreeJient. at the above Jientioned ~eet-ing by Xayor and Gm.m.ci~, stating ID.IDicipifl larl.doTniers will hold a %i.eet-mg to di:3c:u.S3 the difference:3 behteen tt>e and il.unicipal starf dncuaentation au t.hf" ov.ner3.hip of said properties actual phY3ical 3urvey ta.ke pl.ace_ '<icr:3 ..aue; 3taff mid lando~rs nr-ior to .i. Upe:n :::-esults or tJii S lieeb.r:.g t-"~e landowner3 will decide 1iffiether a :::HlL-vey need L.ti t.a,,!<:E .pl.ace illld at that tilie the la..'1.UuWLers.. aUllicipal staff. and llayor agree U!:ll]n ~Cll reputahle ~l.lI:Ve'j''-i.ng Eia t-D do an independent snrvey of s;=ti ,:1 p;:-'Tj:teI""tle;:i. l.l;:~u, the landDv.ner3 nil be iiifoD!ied prior t.u the slli-veT-LJlq t-aki..'1.1} pl.ace, -ino:rder that the ~aru:lU!ll'neI earl be in attendance durir"J the ;ac:p...1al phY3ical 3lirVeTtllg ~ !;i:po:n ciliaDlet:U)Il uf this survey" the landovner vill receive m"LY an.a nil surveT-Ll'..g .1DcHN;errt.atiDn prior to an.y actuin t.a.Ung F'~ace by the Jlunicip~l it.ies on. 3ri1 d propertles._ gi..v'.ui..g the la.7i.uulifIlers a..""1 opportunity to 3eek legal Cuuncil if they ::1 till dispute tbi S Silliie :3Hn;.ey. I '!ff)uld. lli:.e to tham:. ti-Ie !favur , MIll eounci~ fDr giving us their kind considera.tion in this JLatter. GC: LandoVfiers as per a.ttached list tfayor and lfp-abers of CQuil.cil v. II. St.(",:;kyell, Gl1eif Ad!lini:3trative Officer P. Barry.. AJn;"'.f._ TO'ilTt Gl.erk ~. Vo}}:.. Director of PuJ:ilie Works Page t~o - LetteI to nayor HaRre - Bradshaw Street List of Landovners Brad~ha, Street Road Reconstruction - By-LaY 92 - 105 i. Gen:i t Va:nLoild ell , Sr _ (Rubert YanLonden 905 623 772-1) 6 Queen Stre~t tlQWIanville ON 905 697 2191 L::._ Al vtn and Shavlll B~ech 71 Bradsha~ Street. BOWIfillville ON 905 623 3356 :3. Ken Green. 93 BIad3ha~ Street. Bow.anville O~ 905 623 4392 .4 -:!. Chn:rl~3 D. Green 91 Eradshaw Street, DuwJianville ON .-=........ T'1o~.. !.~~_Ll. ru_ 416 316 3290 REPORT III THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON xxxX'XlK~x>ilf~mRxiXli~~~%:1a8cxx REPORT Date: April 28, 1997 File # Res. # By-Law # Meeting: COUNCIL Report #: WD-26-97 File #: Subject: PROPOSED FRONT-ENDING AGREEMENTS BETWEEN THE MUNICIPALITY OF CLARINGTON AND THE PERSONS REFERRED TO IN TIllS REPORT AND THE PASSING OF AN AMENDMENT TO THE DEVEWPMENT CHARGES BY- LAW, BY-LAW NO. 92-105, AS AMRNTlRD Recommendations: It is respectfully recommended to Council the following: 1. THAT Report WD-26-97 be received; 2. THAT Council pass an amendment to the Development Charges By-law (By-law No. 92- 105, as amended) to add Schedules identifying relevant benefiting areas and the following services to the designated services which are now referred to in the By-law: . Bradshaw Street Road Reconstruction Works including storm sewers, storm connections, road granulars, curbs, pavement, sidewalks and other related works along Bradshaw Street from Concession Street northerly approximately 460 metres. . The Horban Stormwater Management Facility and all associated Works, located northeast of the intersection of Trolls Road and Nash Road, and including external storm sewers located from approximately 110 metres north of Nash Road, easterly approximately 55 metres from the northeast comer of Nash Road and Trolls Road, northerly approximately 80 metres, then northeasterly approximately 45 metres to the headwall. ",emu ~ ...... P.P(. ~ _"CYClE _. ___ -..._r_"_' -_ -.~.- REPORT NO. WD-26-97 PAGE 2 . Jackman Tributary Water Quality Pond and Tributary Erosion Protection Worlcs located southwest of the intersection of Middle Road and Scugog Street. . Middle Road Trunk Storm Sewer located from approximately 150 metres north of the intersection of Scugog Street and Middle Road, northerly approximately 570 metres. . Middle Road Trunk Storm Sewer located from approximately 150 metres north of the intersection of Scugog Street and Middle Road, southerly approximately 135 metres. · Scugog Street Trunk Storm Sewer located from approximately 330 metres north of the intersection of Scugog Street and Middle Road, south easterly approximately 415 metres. · Longworth Avenue Trunk Storm Sewer and Bowmanville Creek Works from MHl located at the intersection of Scugog Street and Middle Road, westerly approximately 280 metres to the outfall, and including the Bowmanville Creek Works located immediately west of the headwall. · Trunk Storm Sewer from the intersection of Willey Drive and Laurelwood Street northeasterly along Willey Drive approximately 345 metres, then easterly along Goodwin Avenue approximately 65 metres. · Trunk Storm Sewer from the intersection of Willey Drive and Laurelwood Street, northerly approximately 280 metres, then easterly along Honeyman Drive REPORT NO. WD-26-97 PAGE 3 approximately 270 metres, then northerly approximately 155 metres to Gimblen Street, then northerly along Gimblett Street approximately 95 metres. . Trunk Storm Sewer from the intersection of Willey Drive and Laurelwood Street, southerly along Laurelwood Street approximately 85 metres. . Trunk Storm Sewer from the intersection of Longworth A venue and Laurelwood Street, westerly along Longworth Avenue approximately 205 metres. . Trunk Storm Sewer from the intersection of Longworth A venue and Middle Road, easterly along Longworth A venue approximately 70 metres. . Trunk Storm Sewers on Courtice Road (Regional Road 34) from approximately 260 metres north of Hwy. No.2, southerly approximately 215 metres to the headwall and including related erosion Works located immediately west of the headwall. . Master Drainage Study for East Tributary of Black Creek. . Trunk Storm Sewers from Mearns Avenue, approximately 360 metres north of Concession Street, northerly along Mearns Avenue approximately 200 metres, then westerly along Ireland Street approximately 150 metres. . Trunk Storm Sewers from Mearns Avenue, approximately 360 metres north of Concession Street, westerly approximately 20 metres to Edgerton Drive, then southerly and westerly along Edgerton Drive approximately 275 metres to REPORT NO. WD-26-97 PAGE 4 Kershaw Street, then southerly along Kershaw Street approximately 265 metres to Concession Street. . Trunk Storm Sewers along Concession Street from approximately 170 metres west of Mearns Avenue, westerly approximately 95 metres, then southerly through an easement approximately 110 metres to the outfall. . Trunk Storm Sewers along Mearns A venue from approximately 360 metres north of Concession Street, northeasterly approximately 15 metres. 3. THAT Council pass the necessary by-laws to authorize the Mayor and Clerk to enter into front-ending agreements with the relevant owners set out below in respect of the works or services the cost of which has been front-ended by the owners as detailed in the following Front-Ending Agreement Reports dated April, 1997 and prepared by G.M. Semas & Associates Ltd: Owner Front-Endine A2:I"eement 1. Royal Bank of Canada Ashdale Capital Corporation Ltd. By its Receiver and Manager BDO Dunwoody Limited 621182 Ontario Ltd. Bradshaw Street Road Reconstruction Front-Ending Agreement 2. Royal Bank of Canada 848601 Ontario Inc. 829633 Ontario Inc. Horban Pond Water Quality Facility Front-Ending Agreement REPORT NO. WD-26-97 PAGE 5 3. Macourtice Developments Inc. Macourtice Front-Ending Agreement 4. Mr. R. Carruthers and Ms. Elizabeth Smith North Bowmanville Stormwater Management Project and Storm Trunk Sewers Front-Ending Agreement 5. Halloway Holdings Ltd. North Bowmanville Stormwater Management Project and Storm Trunk Sewers Front-Ending Agreement 6. Ashdale Capital Corporation Ltd. By its Receiver and Manager BDO Limited 621182 Ontario Ltd. Willowbrook Gardens & Mearns I Front-Ending Agreement 4. THAT the term of the front-ending agreements referred to in this Report be 10 years with the exception of the agreements with Mr.. R. Carruthers and Ms. Elizabeth Smith and Halloway Holdings Ltd., respectively, which will have terms of 15 years each. 5. THAT a copy of this report be sent to the Owners referred to in Recommendation No.3. REPORT NO. WD-26-97 PAGE 6 REPORT 1.0 ATTACHMENTS No.1: Maps showing owners' lands and benefiting lands to which the recommended front-ending agreements will apply. 2.0 BACKGROUND 2.1 Prior to the enactment of the Development Charges Act, 1989, the Municipality regularly made subdivision agreements under the Planning Act with owners under which works that were external to lands within a particular plan of subdivision or were oversized to accommodate future development upstream of the lands within that subdivision, would be paid for by the owner who wished to develop first. Usually, the subdivision agreements provided that the Municipality would.. use its best endeavours to collect appropriate amounts of money from other benefiting. persons as their lands develop and pay the amounts collected to the owners who front-ended the cost. 2.2 Examples of external works are a perimeter road outside the boundaries of the plan of subdivision in question which required up-grading from a rural profile to an urban profile and a storm work management facility that ultimately will accommodate drainage from several subdivisions. An example of an oversized work is a storm sewer which is oversized to accommodate drainage both from a.particular plan of subdivision as well as other lands in different ownerships upstream of the subdivision in question. 2.3 The Development Charges Act, 1989, in effect made it impossible for the Municipality to use "best endeavours" clauses in subdivision agreements after November 23, 1991. Instead, it required that if front-ending agreements were to be made with a municipality respecting external or oversized works, they would have to be made in accordance with Part II of the Development Charges Act. The first step that would have to be taken REPORT NO. WD-26-97 PAGE 7 would be for the Municipality to enact or amend a development charge by-law which included as a designated service the work proposed to be front-ended by a particular owner which would be the subject of a front-ending agreement under the Act. 2.4 Prior to November 23, 1991, the Municipality had entered into several subdivision agreements with owners which provided for these owners to front-end the cost of certain external and/or oversized Works. These agreements were made in contemplation of the prohibiting provision of the Development Charges Act, 1989, referred to above coming into force. The agreements stated that, without imposing a legal obligation on the Municipality, if the Municipality enacted a development charge by-law that the Municipality and the owner intended to enter into a front-ending agreement under the Act with a term not to exceed 10 years from the date of the later to occur of the issuance of a Certificate of Completion with respect to the Work in question and the date of enactment of the Municipality's Development-Charge By-law. Subdivision Agreements containing this type of provision were made with the owners of the lands within the following draft plans of subdivision: 18T -86973 18T -88024 18T-89013 - 18T-88024 (Macourtice) (Willowbrook Gardens) (Mearns I) (Bradshaw Street) 2.5 External and/or oversized services under the agreement referred to in paragraph 2.4 either are being constructed or have been completed. In each case, the cost has been front-ended by the relevant owner. In order for that owner to collect front-ending payments from other benefiting owners, it is necessary for a front-ending agreement to be made in accordance with Part II of the Development Charges Act, R.S.O. 1990, REPORT NO. WD-26-97 PAGE 8 c.D.9, as amended. There is considerable urgency since a new Development Charges Act is before the Legislative Assembly for third reading. It is probable that it will permit front-ending agreements to be made only where they are made before commencement of the works proposed to be front-ended. 2.6 Each of the owners of the lands referred to in paragraph 2.4 who has incurred costs for front-ending certain services has requested that the Municipality enter into a front-ending agreement to give effect to cost-sharing principles set out in front-ending agreements reports prepared by G.M. Sernas & Associates Ltd. and dated April, 1997 under the current Development Charges Act. 2.7 Additionally, the Municipality has entered into an agreement dated November 17, 1995 with Robert Russell Carruthers and Elizabeth Grace Smith as a condition of a land severance granted under the Planning Act. In it the owners agreed to construct and install certain external and oversized works comprising part of the North Bowmanville Stormwater Management Project and Storm Trunk Sewers Works that would be of benefit to other benefiting lands as well. Pursuant to this agreement the owners have requested that the Municipality enter into a front-ending agreement with them dealing with the works front-ended by them in accordance with a front-ending agreement report prepared by G.M. Sernas & Associates Ltd. and dated April, 1997. 2.8 Although there is not an agreement between the Municipality and Halloway Holdings Ltd. respecting the making of a front-ending agreement for the part of the North Bowmanville Stormwater Management Project and Storm Trunk Sewers which are not being undertaken by Mr: Carruthers and Ms. Smith, nor an agreement between the Municipality and the owners who are responsible for constructing the Horban Stormwater Management Facility and associated works, in staffs opinion it would be appropriate for REPORT NO. WD-26-97 PAGE 9 front-ending agreements to be made by the Municipality and the relevant owners in respect of these works as well. 2.9 Staff has reviewed and approved the cost-sharing principles and data of the following reports prepared by G.M. Semas & Associates Ud. dated April, 1997 and on fIle with me. It is recommended that these principles and data be included in front-ending agreements with the owner or owners concerned: 1. Bradshaw Street Road Reconstruction Front-Ending Agreement 2. Horban Pond Water Quality Facility Front-Ending Agreement 3. Macourtice Front-Ending Agreement 4. North Bowmanville Stormwater Management Project and Storm Trunk Sewers Front-Ending Agreement (Carruthers) 5. North Bowmanville Stormwater Management Project and Storm Trunk Sewers Front-Ending Agreement (Halloway) 6. Willowbrook Gardens & Mearns I Front-Ending Agreement REPORT NO. WD-26-97 PAGE 10 2.10 As indicated above, generally the subdivision agreements respecting the draft plans of subdivision referred to in paragraph 2.5 contemplated that the front-ending agreement would have a term of 10 years. In the case of the North Bowmanvile Storm Water Management Project and Storm Trunk Sewer Works, staff is of the opinion that the term of each of the front-ending agreements should be 15 years rather than 10 years and I so recommend to Council. 2.11 Notice has been given of a public meeting to be held by Council to consider submissions from members of the public respecting a proposed amendment to the Municipality's Development Charge By-law (By-law No. 92-105, as amended) to add the following designated services to the by-law as a fIrst step to the making of front-ending agreements between the Municipality and the relevant owners: . Bradshaw Street Road Reconstruction Works including storm sewers, storm connections, road granulars, curbs, pavement, sidewalks and other related works along Bradshaw Street from Concession Street northerly approximately 460 metres. . The Horban Stormwater Management Facility and all associated Works, located northeast of the intersection of Trolls Road and Nash Road, and including external storm sewers located from approximately 110 metres north of Nash Road, easterly approximately 55 metres from the northeast comer of Nash Road and Trolls Road, northerly approximately 80 metres, then northeasterly approximately 45 metres to the headwall. · Jackman Tributary Water Quality Pond and Tributary Erosion Protection Works located southwest of the intersection of Middle Road and Scugog Street. REPORT NO. WD-26-97 PAGE 11 . Middle Road Trunk Storm Sewer located from approximately 150 metres north of the intersection of Scugog Street and Middle Road, northerly approximately 570 metres. . Middle Road Trunk Storm Sewer located from approximately 150 metres north of the intersection of Scugog Street and Middle Road, southerly approximately 135 metres. . Scugog Street Trunk Storm Sewer located from approximately 330 metres north of the intersection of Scugog Street and Middle Road, south easterly approximately 415 metres. . Longworth A venue Trunk Storm Sewer and Bowmanville Creek Works from MH1 located at the intersection of Scugog Street and Middle Road, westerly approximately 280 metres to the outfall, and including the Bowmanville Creek Works located immediately west of the headwall. . Trunk Storm Sewer from the intersection of Willey Drive and Laurelwood Street northeasterly along Willey Drive approximately 345 metres, then easterly along Goodwin A venue approximately 65 metres. . Trunk Storm Sewer from the intersection of Willey Drive and Laurelwood Street, northerly approximately 280 metres, then easterly along Honeyman Drive approximately 270 metres, then northerly approximately 155 metres to Gimblett Street, then northerly along Gimblett Street approximately 95 metres. REPORT NO. WD-26-97 PAGE 12 · Trunk Storm Sewer from the intersection of Willey Drive and Laurelwood Street, southerly along Laurelwood Street approximately 85 metres. · Trunk Storm Sewer from the intersection of Longworth A venue and Laurelwood Street, westerly along Longworth Avenue approximately 205 metres. · Trunk Storm Sewer from the intersection of Longworth A venue and Middle Road, easterly along Longworth A venue approximately 70 metres. · Trunk Storm Sewers on Courtice Road (Regional Road 34) from approximately 260 metres north of Hwy. No.2, southerly approximately 215 metres to the headwall and including related erosion Works located immediately west of the headwall. · Master Drainage Study for East Tributary of Black Creek. · . Trunk Storm Sewers from Mearns A venue, approximately 360 metres north of Concession Street, northerly along Mearns Avenue approximately 200 metres, then westerly along Ireland Street approximately 150 metres. · Trunk Storm Sewers from Mearns A venue, approximately 360 metres north of Concession Street, westerly approximately 20 metres to Edgerton Drive, then southerly and westerly along Edgerton Drive approximately 275 metres to Kershaw Street, then southerly along Kershaw Street approximately 265 metres to Concession Street. REPORT NO. WD-26-97 PAGE 13 . Trunk Stonn Sewers along Concession Street from approximately 170 metres west of Mearns Avenue, westerly approximately 95 metres, then southerly through an easement approximately 110 metres to the outfall. . Trunk Stonn Sewers along Mearns A venue from approximately 360 metres north of Concession Street, northeasterly approximately 15 metres. 3.0 CONCLUSION 3.1 It is respectfully recommended that Council pass an "appropriate amendment to By-law No. 92-105, as amended, to give effect to the recommendations contained in this report. 3.2 It is also respectfully recommended that Council approve the making of front-ending agreements under Part II of the current Development Charges Act with the owners listed below and pass the necessary by-laws to authorize the Mayor and Clerk to execute the same on behalf of the Municipality: Owner Front.;.Eildin2 A2reement Report 1. Royal Bank of Canada Ashdale Capital Corporation Ltd. By its Receiver and Manager BDO Dunwoody Limited 621182 Ontario Ltd. Bradshaw Street Road Reconstruction Front-Ending Agreement 2. Royal Bank of Canada 848601 Ontario Inc. 829633 Ontario Inc. Horban Pond Water Quality Facility Front-Ending Agreement REPORT NO. WD-26-97 PAGE 14 3. Macourtice Developments Inc. 4. Mr. R. Carruthers Ms. Elizabeth Smith 5. Halloway Holdings Ltd. -~ 6. Ashdale Capital Corporation Ltd. By its Receiver and Manager BDO Limited 621182 Ontario Ltd. Respectfully submitted, ~t/~ Stephen A. Vokes, P.Eng. Director of Public Works DH*SA V*ph April 28, 1997 Reviewed by, Macourtice Front-Ending Agreement North Bowmanville Stormwater Management Project and Storm Trunk Sewers Front-Ending Agreement North Bowmanville Stormwater Management Project and Storm Trunk Sewers Front-Ending Agreement Willowbrook Gardens & Mearns I Front- Ending Agreement W. H. Stockwell Chief Administrative Officer THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW NUMBER 97-93 being a By-law to amend By-law No. 92-105, as amended WHEREAS in accordance with section 4 of the Development Charges Act, R.S.O. 1990, c. 0.9, the Municipality gave notice of a public meeting held on April 28, 1997 to consider proposals to amend By-law No. 92-105 to add certain designated services for specified Benefiting Areas to the designated services in respect of which development charges are payable; WHEREAS at the public meeting held on April 28, 1997, Council heard all persons who applied to be heard in objection to or in approval of the aforesaid proposals and considered all written communications; WHEREAS Council considers it expedient to amend By-law No. 92-105 as set out below; NOW THEREFORE THE COUNCIL of The Corporation of the Municipality of Clarington enacts as follows: 1. By-law No. 92-105 as amended by By-laws No. 93-74, 94-115 and 96-165 and 97-85 is further amended by: (a) adding to clause 1(1)(i) after the letter and figure "A-5" the letter and figure "A-6"; ~~ (b) adding to clause 1(1)(0) after the letter and figure "B-5" the letter and figure "B-6"; (c) adding to subsection 4(2) after the letter and figure "B-5", the letter and figure "B-6"; (d) adding a new Schedule "A-6" which is deemed to be attached to and form part of By-law No. 92-105, as amended.. and to have the content of Schedule "A - 6" attached hereto; and (e) adding a new Schedule "B-6" which is deemed to be attached to and form part of By-law No. 92-105, as amended, with the content of Schedule "B-6" attached hereto. BY-LAW read a first and second time this 30th day of April, 1997. BY-LAW read a third time and finally passed this 30th day of April, 1997. Mayor Clerk ~; SCHEDULE A-6 I" J~,,---.___ __ ____ _________ ___.___.___.__.__.~\ 0:: W ~ LLl (/) Y Z ::> 0::: I- ... ..,1 <$ O!: o 0(, 0, (1:1 1 1 ....1 1 ;1 01 _I ()I ...1 (1:1 I I ,I , I 01 ..:1 01 1 (1:\ I I ...1 01 -I 0-1 (1:1 ::;,1 0\ 1 (.)1 \, Ii \i I' I' I' I! I \: I,; I!! I: \[ II I, __J) L 0:: o l- (/) I I I 1 I I 1 I I \ 1 ---.1... I 1 I L__-J I I 1 I 1 I I I I , I I I I 1 r 1 I I I I 1---- 10 I..: 10 :(1: I I 1 ~--- 1 ~--- IO!: I 10( I:t: I I 1 I I I 1 I 1 ~II iH/W'1/ ~ ../,'\"" _..J I : I _ I I I ~l -, I I I II I _---- --l.-J I II I '-" .....--. S H W Y. -1.-J1 I 'l -- J , tI ~---------- IV 0.:2 '--.J._ __ r- _- -__ --_ l' '"" E: --~ ----- ---..-"'" ---...- -- ---....--.....-..---.-... __.:u.~__~_"""<-.o"'''''''_ "".......~_...:......~..."..... _.'-.........~ ~ ILWl!! @ lAHO _fRSltP RITER""" No. (4.~) BEHEfl'Tl1Nl; NEA IN HECTARES IIENEFIT1lNG -., ~-- _ 0'flNER'S N<<A . GREEM SPN::E. ,,-. WCRlCS ~ ~-"......_..,._.....-O#U..-.......oC.ol IlACOURnCE DEVaOPMENTS INC. FRONT-fNDING AGREEMENT BENEFmlNG AREAS G.M.Semas O~Io8Ud. ~~ 1!6054 ou.i....""""' ._.1.%, : BA-l SCHEDULE "B-6" 1. Trunk Storm Sewers on Courtice Road (Regional Road 34) from approximately 260 metres north of Hwy. No.2, southerly approximately 215 metres to the headwall and including related erosion Works located immediately west of the headwall. 2. Master Drainage Study for East Tributary of Black Creek. THE CORPORATION OF THE MUNICIPALITY OF CLARlNGTON BY-LAW NUMBER 97-89 being a By-law to authorize the making of a front-ending agreement between the Municipality of Clarington and Macourtice Developments Inc. WHEREAS the Council of the Municipality of Clarington has approved the recommendations contained in Report #WD-26-97 relating to the Macourtice Front Ending Agreement at its meeting on April 30, 1997 and has passed By-law No. 97-93, being a by-law to amend the Municipality's Development Charge By-law, By-law No. 92-105, as amended, NOW THEREFORE the Council of The Corporation of the Municipality of Clarington enacts as follows: 1. lHAT the Mayor and Clerk are authoriZed to execute a front-ending agreement with Macourtice Developments Inc. under Part II of the Development Charges Act R.S.O. 1990 c.D.9 respecting the services referred to in a report entitled Macourtice Front-Ending Agreement Municipality of Clarington, dated April, 1997 and prepared by G.M. Semas & Associates Ltd. BY-LAW read a first and second time this 30th day of April, 1997. BY-LAW read a third time and finally passed this 30th day of April, 1997. MAYOR CLERK