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REPEALED
Date: January 1, 2003
S.M. 1989-90, c. 10
The City of Winnipeg Act
| Sections: 1 - 81.16 | 82 - 161 | 162 - 280 | 281 - 392.1 | 393 - 469 | 470 - 520 | 521 - 573 | 574 - 688 Schedules: A | B | C |
FINANCE
The city is authorized to pass by-laws, without submitting them for the approval of the ratepayers, to provide for the borrowing from banks or from any other persons or corporations in such amounts as the council may deem necessary for any or all of the following purposes:
(a) pending the collection of taxes to meet the current expenditures of the city including the amounts required for sinking fund, principal and interest payments falling due within the year on any debt of the city;
(b) to meet any emergency condition which may arise during any year involving abnormal expenditures;
(c) for any other purposes for which the city is permitted by law to provide;
(d) to authorize the expenditure in any year, before the adoption of the annual estimates for that year, of amounts not exceeding in aggregate 30% of the estimate of expenditures adopted for the previous year.
Security for temporary borrowing
For the purpose of securing the repayment of any money borrowed for the purposes mentioned in this section the city may issue and deliver promissory notes and may enter into agreements for the borrowing and repayment of such money and the interest thereon and such promissory notes may be expressed so as to bear interest only on such money as shall be borrowed thereon.
Taxes as security for a borrowing
In the case of a borrowing from a bank, either by way of overdraft or otherwise, the city by by-law may hypothecate, pledge and assign to the bank any or all taxes then owing to the city or which may become owing to the city during the year in which the monies are so borrowed subject only to prior valid charges, if any.
Any promissory notes issued under this section shall be signed by the mayor and treasurer or by such other persons as may be authorized by by-law to sign them.
The lender is not bound to establish the necessity of borrowing the sum lent or to see to its application.
Pending the issuing of any debentures which the city is empowered to issue under this Act, the city may, for the purpose of paying the cost of any work for the payment of which the debentures are to be issued, borrow from a bank or other person or corporation such money as it may require therefor and may give such temporary security as the bank or other person may require, which loan from the bank or other person shall be repaid and security redeemed out of the proceeds of the debentures when issued.
Deposit of debentures as collateral
Pending the sale of any debentures or other securities authorized by the council under the provisions of this Act, the city may hypothecate or pledge any such unsold debentures or other securities by depositing them with a bank as collateral security for advances made by the bank.
Subject to approval of the Minister of Finance as hereinafter provided, council may pass by-laws for the borrowing of money for the purposes of the city, on the credit of the city by the issue and sale of debentures without submitting them for the approval of the ratepayers.
An application for the authorization of the Minister of Finance shall be made in writing to the Minister of Finance after the first and before the second reading of the initial borrowing by-law; and the Minister of Finance may refer the application or any matter or question arising out of the application to The Municipal Board for its advice and recommendation.
Details in initial borrowing by-law
The initial borrowing by-law shall specify the principal amount of the debentures to be issued and in brief and general terms the objects for which the monies borrowed on the security of the debentures are to be borrowed; but it is not necessary, in the initial borrowing by-law, to specify the particulars of the debentures, or the rate of interest payable thereon, or the term within which the debentures are payable, or any other particulars of the debentures.
Consideration by Minister of Finance
Notwithstanding any other Act, in dealing with an application under subsection (2), the Minister of Finance shall consider only the financial position of the city and may refuse the application or may grant the application in whole or in part, or subject to conditions.
Where the Minister of Finance makes a decision or order on an application for authorization under subsection (2), the minister shall forthwith advise the city in writing of the decision or order and if the authorization is granted, the minister shall forward to the city a copy of the decision or order.
Any authorization of the Minister of Finance granted under subsection (4) shall specify the term or terms within which the debentures are to be made payable.
Where, under this section, the Minister of Finance authorizes the city to borrow money by the issue of debentures, council may enact a by-law to provide for the issue of debentures for any of the objects for which the debentures were authorized; and on submission of the by-law to the Minister of Finance, the Minister may approve it, and in that case the debentures issued under the by-law shall contain a note or memorandum signed by the Minister of Finance attesting the authorization.
Where the authorization or approval of the Minister of Finance is obtained, and a note or memorandum signed as required by subsection (7) is endorsed on the securities issued by the city, no irregularity in the form of any of the securities issued under the authority of this Part, or in the proceedings leading up to their issue, or in any by-law authorizing the issue thereof, shall render them invalid or be allowed as a defence to any action against the city for the recovery of the amount thereof or the interest thereon or any part thereof.
Section 86 (power to validate certain acts of local authorities) of The Municipal Board Act applies to the city with such modifications as the circumstances require.
Continued validity of securities
Where debentures are issued by the city under the authority of a by-law, approved under this Part, and the security has the note or memorandum endorsed on it under subsection (7), before the amendment to that subsection enacted at the 4th Session of the 30th Legislature (1977) and the note or memorandum is endorsed at the conclusion of those proceedings, sections 85 (validity of securities) and 86 (power to validate certain acts of local authorities) of The Municipal Board Act are deemed to apply to those securities and proceedings of the city with such modifications as the circumstances require.
The signature of the Minister of Finance on the note or memorandum for which provision is made in subsection (7) may be engraved, lithographed, printed, or otherwise mechanically reproduced thereon.
Notice of hearing by Municipal Board
Where, under subsection 282(2), the Minister of Finance refers a matter to The Municipal Board, it shall
(a) fix a date, time and place for a hearing;
(b) give not less than 14 days notice in writing to the city and such notice as it considers adequate to any other person whom it deems shall receive notice thereof;
(c) on the date, and at the time and place stated in the notice, sit and hear any person who appears and desires to give evidence and make representations on the person's own behalf or on behalf of another in the matter; and
(d) submit its report and recommendations to the Minister of Finance within the time period prescribed by the Minister of Finance and the Minister of Finance may extend that time.
Borrowing for local improvements
The council may pass by-laws to raise loans and borrow monies required for local improvements on the credit of the city at large, and to provide for the issue of debentures therefor.
May provide how money to be raised
Any such debenture by-law may provide that the specific sums to be raised in each year for interest and for sinking fund or principal shall be raised by special rate on all the rateable property in the city notwithstanding the fact that the debentures or any of them may be issued and sold, in whole or in part, to meet the property owners' share, in whole or in part, of the cost of any such local improvements, but in such case the
special amounts levied in any year under the authority of any special assessment by-law in respect of any such local improvement shall be applied in reducing the sums to be raised in such year by special rate on all the rateable property in the city as aforesaid.
Variable interest rates on debentures
Notwithstanding any other provision in this Part, the city may pass by-laws providing for the issue of debentures bearing a variable rate of interest, and a bylaw passed under this section
(a) need not recite the amount required to be raised annually by special rate for paying interest;
(b) shall recite the amount required to be raised annually by special rate for paying the debt; and
(c) shall provide for levying and raising such sums of money to pay the debt and interest on the debentures as are estimated to be required, which sums may vary from year to year.
The council shall establish a policy for issuing debentures bearing a variable rate of interest under section 284.1.
Without limiting the generality of subsection (1), a policy established under this section
(a) may delegate to a committee established by council or to designated employees the authority to make decisions relating to the issue of debentures under section 284.1;
(b) shall outline the procedure to be followed in exercising delegated authority under clause (a); and
(c) shall establish a system of accountability to council for any delegated authority under clause (a).
S.M. 1997, c. 34, s. 11; S.M. 1998, c. 37, s. 51.
City liable to holders of debentures
The city shall be liable for, and shall pay to the holders thereof, the whole of the principal and interest as the same falls due in respect of debentures to be issued for local improvements, including not only the share assumed by the city, but also the part repayable by special assessment.
May consolidate debenture issuing
The council may, after the passage of by-laws covering the several amounts required for particular local improvements as specified in the by-laws, without in any way affecting the liens on the land therein named and to be improved thereby, further pass a collective or cumulative by-law consolidating the several amounts and issue the required debentures in a general consecutive issue under the consolidated by-law apportioning nevertheless the amount raised thereby and crediting each improvement with the amount previously estimated and named for it under the individual by-law passed in the first instance.
The debentures issued to pay for that part of the work payable by local assessment may be issued as a series distinct from those required to pay for that part that is to be borne by the general funds of the city, or all the debentures required for the work may be issued in one series as "Local Improvement Debentures".
Any debentures issued for the purpose of raising money to pay the cost of a local improvement may be issued before the commencement, during the progress of, or after the termination of the work.
Requirements for money by-laws
Every by-law creating a debt under section 282 payable by a levy on the rateable property of the whole city shall recite
(a) the amount of the debt which the by-law is intended to create and, in brief and general terms, the object for which it is to be created;
(b) the total amount required by this Act to be raised annually by special rate for paying the debt and interest;
(c) the amount of the whole rateable property of the city, according to the last revised assessment roll.
Any such by-law may provide for the issue of debentures
(a) bearing such date or dates;
(b) bearing interest at such rate or rates;
(c) payable in such currency or currencies in units of monetary value, at such place or places, in such manner, within such term or terms of years not exceeding 50 years and in annual instalments of principal or on the sinking fund plan or in such other manner and subject to such conditions as the by-law may provide;
(d) subject to redemption before maturity at the option of the debenture holder or at the option of the city on such date or dates, if any and at such redemption price or prices, if any; and
(e) on such notice as the by-law may provide.
Subject to sections 292(1) and (2), every such by-law shall provide for levying and raising in each year by a special rate, sufficient therefor over and above all other rates, on all the rateable property in the city
(a) sufficient money to pay the interest on the debentures;
(b) sufficient money to pay any principal amount of the debt falling due in that year to the extent that no sinking fund is available for such purpose; and
(c) in the case of sinking fund debentures a definite sum for the sinking fund, the sum for sinking fund being such as will be sufficient, with interest on the investment thereof estimated at a rate of not more than 10% per annum capitalized yearly, to discharge the debt at maturity;
and where the debentures are payable in units of monetary value or in the currency of a country or countries other than Canada it will be sufficient to provide for raising and levying as aforesaid such sums of money in lawful money of Canada as may be necessary for such purposes and as the requirements for such purposes may from year to year vary.
The by-law may name a date on which the by-law is to take effect, but shall, if no date is named, take effect on the date of the passing thereof.
Application of proceeds of sale
Where the whole or any part of the money raised from the sale of debentures by the city is not required for the purposes for which the debentures were issued, the city, with the approval of the Minister of Finance, may apply the whole or any part of the monies so raised that is not required for those purposes to any other capital expenditure of the city, the debt charges for which would be raised by taxation levied on the assessment of the property of the same class of ratepayers as taxation for the debt charges for the debentures is levied.
When sinking fund debentures are issued for purposes other than those specified in subsection (2) and the term of those debentures is less than 22 years, the amount required to be raised in each year as a sinking fund for the repayment for the principal of the debentures at maturity may be a sum equal to 3% of the original amount of the debentures or such greater sum as the council may, by by-law, determine.
When sinking fund debentures are issued either wholly or partly for the purposes of the sewage disposal system or the transit system or the waterworks system, the amount required to be raised in each year as a sinking fund for the repayment of the principal of the debentures at maturity shall be a sum equal to 1% of the original amount of the debentures, or such other sum as the council may, by by-law, determine.
Where sinking fund debentures are issued and a sinking fund is established under subsection (1) or (2) that will not be sufficient to pay the principal of the debentures or of any set of them when it becomes due, the city shall, not less than six months before the date of maturity of the sinking fund debentures or of the set first maturing, apply to the Minister of Finance under subsection 282(2) for authorization to borrow an amount sufficient with the accumulated sinking fund, to repay in full the principal of the debentures, or each set of them, as the debentures, or each set of them, falls due, on such terms and conditions as it
may prescribe, and the city shall thereafter take all requisite steps to borrow the required amount and to repay in full the principal of the debentures, or each set of them, as it falls due.
Sinking fund provided by utility
If, in any year, the whole or part of the money necessary for sinking fund and interest or the annual instalment of principal and interest, or any debentures issued wholly or partially for the purpose of any utility or undertaking of the city, is provided from the revenue of the utility or undertaking, then it shall not be necessary to levy the amount so provided, but the amount which would otherwise be levied under the by-law shall be provided by the treasurer for the purpose of the sinking fund and interest of the annual instalment of principal and interest out of the revenue.
Pending the issue of debentures authorized by any by-law, the city may issue one or more interim debentures in such denominations as may be required, which interim debentures shall be valid and binding on the city and shall be exchanged for one or more definitive debentures to an equivalent aggregate principal amount, payable on the same date and bearing the same rate of interest as the interim debentures.
Principal payable by instalments
Notwithstanding anything to the contrary in this Act, in any by-law for creating a debt by the borrowing of money, instead of making the principal of the debt repayable on the sinking fund plan, the council may in its discretion provide that the debt shall be repayable in annual instalments of principal during the currency of the period in which the debt is to be discharged, and the amount of principal maturing in each year may be of such amount and may bear such rate of interest as the council in its discretion may determine, and any such by-law shall provide that there shall be raised in each year during the currency of the debt by a special rate on all the rateable property in the city a specific sum sufficient to discharge the instalment of principal and interest falling due in that year.
Unless otherwise herein authorized, after a debt has been contracted, the council shall not, until the debt and interest have been paid, repeal the by-law under which the debt was contracted, or any by-law for paying the debt or the interest thereon, or for providing therefor a rate, or additional rate; and the council shall not alter a by-law providing any such rate, so as to diminish the amount to be levied under the by-law.
No officer of the city shall neglect or refuse to carry into effect a by-law for paying a debt under colour of a by-law illegally attempting to repeal the first mentioned by-law, or to alter it so as to diminish the amount to be levied under it.
A debenture or other like instrument shall be sealed with the seal of the city and the seal may be engraved, lithographed, printed or otherwise mechanically reproduced thereon, and, subject to subsection (3), shall be signed by the mayor or by some other person authorized by by-law of the council to sign it, and by the treasurer.
Interest coupons may be attached
A debenture may have attached to it interest coupons which shall be signed by the treasurer, and the signature may be engraved, lithographed, printed, or otherwise mechanically reproduced thereon, and any such interest coupons shall be sufficiently signed if they bear the signature of the treasurer on the date the council authorized the execution of the debenture, or on the date the debenture bears, or at the time the debenture was issued and delivered.
The signatures of the mayor, or such other person authorized by by-law to sign the debentures or other like instruments, may be engraved, lithographed, printed, or otherwise mechanically reproduced thereon; and if the debentures or other like instruments are countersigned in writing by any person authorized by by-law of the council to countersign, the signature of the treasurer may be engraved, lithographed, printed or otherwise mechanically reproduced thereon.
Seal of city mechanically reproduced
The seal of the city when so engraved, lithographed, printed or otherwise mechanically reproduced shall have the same force and effect as if manually affixed and
(a) the signature of the mayor or such other person authorized by by-law to sign the debentures or other like instruments; and
(b) if the debentures or other like instruments are countersigned, the signature of the treasurer;
when so engraved, lithographed, printed or otherwise mechanically reproduced shall be deemed to be the signature of the mayor or other person so authorized to sign or of the treasurer, as the case may be, and shall be binding on the city.
Any debenture or other like instrument shall be sufficiently signed and countersigned if it bears the signatures of the persons specified in this section and if those persons have authority to sign and countersign as provided in this section either on the date the council authorized the execution of the instrument, or on the date the instrument bears, or at the time it was issued and delivered.
It shall be the duty of the treasurer to see that the money collected under any debenture by-law of the city is properly applied to the payment of the interest and principal of the debentures issued under the authority of such by-law.
Debenture provision as to transfer
Debentures issued by the city may contain a provision in the following words, or words to the like effect:
"This debenture, or any interest therein, shall not, after a certificate of ownership has been endorsed thereon by the treasurer of The City of Winnipeg, be transferable, except by entry by the treasurer, or such other person as the city may appoint for the purpose, in the debenture registry book of the city".
The treasurer shall open and keep a debenture registry book, in which the treasurer shall enter a copy of any certificate that the treasurer may give of the ownership of any debenture, and also every subsequent transfer of such debenture; and the entry shall not be made
except on the written authority of the person last entered in the book as the owner of the debenture, or of the executors or administrators of that person, or of his or their lawful attorney, which authority shall be retained by the treasurer and filed.
After the certificate of ownership has been endorsed, the debenture shall only be transferable by entry, by the treasurer or such other person as the city may appoint for the purpose, in such debenture registry book, from time to time, as transfers of such debentures are authorized by the then owner thereof or the owner's lawful attorney.
A by-law for borrowing money and the issue of debentures as security for the money borrowed may provide
(a) that all the debentures, or a portion of them, are redeemable at the option of the city or at the option of the owner on such date or dates before maturity, and on such terms and conditions as the by-law authorizing the issue of the debentures may provide; or
(b) that any debenture issued thereunder may be exchanged at the option of the owner for a debenture of the city for the same principal amount, bearing such rate of interest and maturing at such later date as may be specified in the by-law if the owner has given written notice to the treasurer of the city requesting the exchange within such period of time as the by-law may provide; or
(c) for both redemption as provided in clause (a) and exchange as provided in clause (b).
Any new debenture mentioned in subsection (1) may be registered as to principal and interest, or may be registered as to principal only and have coupons attached for the payment of interest, but in all other respects shall be of the same effect as the debenture or debentures surrendered for exchange.
Cancelling surrendered debenture
The city treasurer and the city auditor or their representatives shall, in the presence of each other, cancel and destroy all debentures and interest coupons surrendered for exchange, and they shall certify in a registry book provided for the purpose that they have been cancelled and destroyed and shall also enter in the registry book particulars of any new debenture or debentures issued in exchange.
By-law not affected by redemption
Where a debenture is redeemed on a date before maturity under subsection (1), the redemption does not affect the validity of any by-law by which special assessments are imposed or instalments thereof levied, the validity of any such special assessments or levies, or the powers of the city to continue to levy and collect the subsequent payments of principal and interest payable by it to the city in respect of the debentures so redeemed.
Where a debenture is defaced, lost, or destroyed, the council may by by-law, provide for the replacing of the debenture on the payment of such fee, and on such terms as to evidence and indemnity, as the by-law may provide.
On request of the holder of any debenture issued by the city, the treasurer of the city may issue and deliver to the holder a new debenture or new debentures for the same aggregate principal amount in exchange therefor.
Any new debenture mentioned in subsection (6) may be registered as to principal and interest or may be registered as to principal only, but in all other respects shall be of the same force and effect as the debenture or debentures surrendered for exchange.
The council may provide that debenture registry books may be opened, maintained and kept outside of the city by any person and in such event, the treasurer shall, subject to the approval of the city auditor, make provision for the registration, transfer, exchange, cancellation or destruction of debentures.
S.M. 1991-92, c. 42, s. 26.
Debentures issued by the city under the authority of any by-law under this Act, or any other Act affecting the city, shall be valid and binding on the city, notwithstanding any insufficiency in form or otherwise of such by-law or in the authority of the city in respect thereof, if no successful application has been made to quash it within the time limited by law.
Where debentures may be made payable
Any debentures issued by the city and the coupons for interest appertaining thereto may be made payable in the currency of any country and at any place in any country, or in units of monetary value.
Where this Act or any other Act heretofore or hereafter passed, authorizes the city to borrow or raise by way of loan a number of dollars, it shall be deemed to authorize the borrowing or raising by way of loan, in whole or in part, of the same number of dollars of the United States of America.
Debentures payable in U.S. dollars
Where this Act or any other Act heretofore or hereafter passed, authorizes the city to issue debentures, it shall be deemed to authorize the issue, in whole or in part, of debentures payable in dollars of the United States of America for an equal number of dollars in principal amount.
Where any by-law of the city authorizes the issue of debentures, the council may pass an amending by-law to provide that the whole or any part of the debentures may be issued and made payable in dollars of the United States of America for an equal number of dollars in principal amount and to make such further provisions as may be necessary or desirable by reason of such amendment.
Loans in other foreign currencies
For the purpose of calculating the aggregate sum of money that may be borrowed or raised by way of loan or the principal amount of debentures that may be issued in units of monetary value or in the currency of any country other than Canada or the United States of America, the equivalent amount in dollars in lawful money of Canada shall be determined by a calculation made, in each case, in accordance with the nominal rate of exchange between the Canadian dollar and the unit of monetary value or the currency of the country concerned as that nominal rate is determined by any bank in Canada on the last business day before the day on which the by-law of the city authorizing the issue of the securities is passed.
Where part only of a sum of money provided for, by a by-law has been raised, the council may repeal the by-law as to any part of the residue, and as to a proportionate part of the special rate imposed therefor, provided the repealing by-law recites the facts on which it was founded, and is appointed to take effect on December 31 in the year of its passing, and does not affect any rates due, or penalties incurred, before that day.
Power to pass a new debenture by-law
Where none of the debentures authorized to be issued by a by-law of the city have been issued or sold the council may repeal the by-law and may pass a new by-law to take the place of the by-law so repealed and may in the new by-law make such changes in the provisions relating to the debentures as the council may deem expedient provided that such new by-law is passed by a vote of at least 2/3 of all the members of the council and the principal amount of the debentures is not increased.
This section shall apply to all by-laws of the city authorizing the creation of a debt by the issue and sale of debentures including by-laws legalized, validated, ratified or confirmed by the Legislature of the province.
Notwithstanding any other section of this Act, and in addition to all other powers therein contained, the council of the city may from time to time and at any time pass by-laws to authorize the issue and sale of new securities bearing such rate or rates of interest, payable in such manner and in such currency or currencies or units of monetary value and at such place or places and at such time or times as the council may deem expedient and in such amount or amounts as the council may deem necessary to realize the net sum required to repay or redeem the whole or any part or parts of any outstanding securities of the city heretofore or hereafter issued under the authority of any by-law of the city, including any by-law passed under this section.
The powers conferred by this section may be exercised notwithstanding that the principal amount of the new securities may exceed the principal amount of the outstanding securities to be repaid or redeemed and notwithstanding that
there may be a sinking funk available sufficient to repay or redeem in whole or in part the outstanding securities; provided that if the net amount realized by the sale of the new securities exceeds the amount required to pay the outstanding securities, the excess shall be used to reduce the levies for principal or sinking fund in respect of the new securities.
A recital or declaration in the by-law authorizing the issue and sale of the new securities to the effect that the amount of the new securities so authorized is necessary to realize the net sum required to be raised for the purpose of such repayment, redemption or refunding shall be conclusive evidence of that fact.
It shall not be necessary for the city to apply to the repayment or redemption of any such outstanding securities the whole or any part of the sinking fund, if any, which may be accumulated for that purpose, but the city may, by the by-law or by-laws authorizing the issue of the new securities appropriate the same or any part thereof, and any interest accumulations thereon, for the payment of the whole or any specified part of the new securities and of the interest thereon in the manner set forth in such by-law or by-laws; provided that until a debt created by the city is finally and fully extinguished any money levied by way of sinking fund for payment thereof and any interest received from the investment of such fund shall not be used for any purpose other than to retire securities representing the debt whether they be securities which were issued when the debt was originally created or securities subsequently issued for the purpose of refunding the whole or some part of the same original debt.
Levies for principal and interest
For the payment of the new securities and of the interest thereon, the by-law authorizing the issue of the new securities shall provide for raising annually during each year of the currency of the new securities by a special rate on all the rateable property in the city specific sums for interest and for sinking fund or principal, in accordance with the provisions of this Part;
provided that specific sums to be raised in any year may be reduced in that year by the amount, if any, of any sinking fund accumulated in respect of such outstanding securities, which by such by-law has been appropriated for that purpose; provided further that if any securities repaid or redeemed under subsection (1) represented in whole or in part debts created by by-laws for the purpose of raising the property owners' share of the cost of local improvements, the special assessments authorized by such by-laws shall continue to be levied for the full term provided in them, and the specific sums to be raised in any year as aforesaid for interest and for sinking fund or principal in respect of the new securities shall be reduced by the amounts of the special assessments, if any, levied in that year against the properties benefited by the local improvements.
For the purpose of this section "securities" shall be deemed to include debentures, and other like instruments containing promises to repay money borrowed by the city.
The council may from time to time pass by-laws to consolidate the whole or any part of the principal amount of a debt authorized under a by-law, in respect of which debentures have not been issued, with the whole or any portion of the principal amount of other debts authorized under any other by-law, and to authorize the issue of debentures for the aggregate principal amount of the debts so consolidated; and this subsection shall apply to all by-laws validated by the Legislature.
Consolidated debentures and by-law
The consolidated debentures issued under a consolidating by-law may bear a rate or rates of interest, and may be payable in a manner and at a time or times as council may consider expedient, irrespective of the rate or rates of interest or the manner or time of payment provided for in the by-laws; and the consolidating by-law may provide for raising annually, during each year of the currency of the consolidated debentures, by a special rate on all the rateable property in the city, the sums for interest and for sinking fund or
principal provided for by this Part, notwithstanding the fact that the whole or any part of the consolidated debentures may be issued and sold to meet the property owner's share, actual or estimated, of the cost of local improvements; provided that in such case the specific sums to be raised in any year shall be reduced by the amounts of the special assessments levied in that year against the properties benefited by local improvements.
No authority for further borrowing
Nothing herein authorizes any change in the amount of the debt authorized by a by-law when consolidated, nor any change in the application of its share of money borrowed for purposes other than those named in the by-law.
Nothing in the foregoing shall affect the method of initiating or making the assessments for local improvements.
Provision on motion to quash by-law
If a by-law, the amount of whose debt is included in a consolidating by-law, is attacked by a motion or proceeding to quash it in the Court of Queen's Bench before the sale of the debentures, council shall withhold from the sale an amount of the debentures authorized to be issued under the consolidating by-law equal to the amount of debentures authorized by the by-law, but if the motion or proceeding fails, the debentures may then be issued and sold.
No debenture issued under any a consolidating by-law shall have or constitute a preferential pledge, lien, mortgage, hypothec or preference of any debenture heretofore issued.
Power to issue callable debentures
In any by-law authorizing the issue of debentures or other securities, and in the debentures or other securities issued thereunder, the city may reserve the right to redeem in advance of their regular maturity date or dates as in the by-law specified, and on or after a date or dates to be named therein, and at the redemption price or prices therein specified, the whole or any part of
the debentures or other securities so authorized, on giving at least 60 days' notice in the manner set forth in the by-law and in the debentures or other securities, of its intention so to redeem; and on such notice being given the debentures or other securities so called for redemption shall become due and payable at the redemption price on the specified redemption date as though it were the date of maturity of such debentures or other securities and the city shall redeem and pay the same accordingly, and no further interest shall accrue thereon after the date of redemption specified in the notice.
If any such by-law reserves the right to redeem in advance of maturity a part only of the debentures or other securities authorized to be issued thereunder, the by-law and the securities shall specify the manner in which such part shall be selected for redemption.
Guarantee of hospital debentures
The city may guarantee payment of any debentures, and of the interest on them, issued by the Health Sciences Centre, hereinafter called "the hospital", for the purpose of raising money to defray the whole or part of the cost of erecting and equipping a hospital or an addition to an existing hospital, subject to the following conditions, in addition to any others that the city may impose:
(a) the total par value of the debentures payment of which the city may guarantee shall not exceed $2,900,000.;
(b) the debentures may be issued
(i) on the instalment plan whereby annual or semi-annual payments or principal and interest will be exactly equal;
(ii) on the serial plan whereby the principal will fall due each year or each half-year in multiples of $1,000. so that the annual or semi-annual combined payments of principal and interest will be approximately the same each year; or
(iii) on the sinking fund basis with interest payable half-yearly or yearly and the principal payable at the end of the term in one amount;
(c) if the city guarantees debentures issued on the sinking fund basis, the amount to be set aside each year for sinking fund shall be paid annually to the city and invested by the sinking fund trustees of the city.
(d) the term of the debentures shall not exceed 30 years.
Guarantee for community undertaking
Subject to the approval of the Minister of Finance, the city may, on such terms and conditions as the Minister of Finance may approve, make loans and grants for, and guarantee indebtedness incurred for, any community undertaking not otherwise authorized under this Act, and the Minister of Finance may refer any application for approval under this section to The Municipal Board for its advice and recommendation.
The monies collected on levies by way of sinking fund shall be vested in and administered by a board of trustees, who shall be a body corporate under the name of The Sinking Fund Trustees of the City of Winnipeg, and shall have all the rights, privileges and powers, and shall perform the duties hereinafter specified and the monies so vested in them shall be known as the "sinking fund".
The corporation referred to in subsection (1) shall consist of four trustees, of which the treasurer shall be one, and the other three trustees, none of whom shall be a member of council, shall be appointed by council.
The three trustees appointed by the council shall each be paid such amount as the council may determine; and the trustees shall be entitled to pay out of the sinking fund all expenses and disbursements, including legal expenses, legal or other professional advice, secretary's salary and clerical assistance, incurred or made by them in connection with the administration of the sinking fund.
A trustee may resign office by handing a resignation to the secretary of the board and the resignation shall take effect on the date specified in the notice or, if no date is specified, on the date on which the notice is delivered to the secretary of the board.
The trustees shall annually appoint a chairperson from among their number and, in the absence of that person, may at any meeting appoint one of themselves as acting chairperson and shall appoint some person to act as secretary; and meetings of the trustees may be called by the secretary on instructions of the chairperson or any of the other trustees, by notice in writing, mailed or delivered to each of the trustees not less than 24 hours before the date of the proposed meeting; and the secretary shall keep, and the trustees shall see that there is kept, a true record of the proceedings of each meeting of the trustees, and of all resolutions passed by them.
Two trustees shall form a quorum.
S.M. 1993, c. 2, s. 21.
All monies coming into the hands of the trustees shall be deposited in a bank in Canada, to be designated by the board to the credit of a special account to be called "Sinking Fund Account of the City of Winnipeg", and no monies shall be withdrawn from the account except by cheque, signed as shall be decided by resolution of the trustees.
Except as otherwise provided herein, on each anniversary of the issue of any debentures issued by the city, the city shall pay to the trustees the levy required to be raised annually by way of sinking fund, by the by-law authorizing the issue of the security, and the amount of the levy shall be a debt due by the city to the trustees; and the money levied and collected by the city for that purpose shall not be applied to any other purpose whatsoever.
Retiring securities at maturity
The trustees shall immediately before or at the maturity of any outstanding debentures issued by the city, in respect of which all levies have been paid to the trustees, pay to the city out of the sinking fund such sums as may be necessary to retire such securities, and the receipt of the city for the monies shall be sufficient discharge to the trustees for the payment.
The trustees may make such payments out of any monies then in hand, or shall realize sufficient monies therefor, by the sale of any securities then held by them. In the event of any levies not having been paid to the trustees in respect of any debentures as aforesaid, the trustees shall in like manner pay to the city the amount of the levies actually received by the trustees, together with accumulated interest in respect thereof. The city shall apply all monies so received from the trustees in payment of the securities, and shall not pay or apply it for any other purpose whatsoever.
The monies in the consolidated bank accounts shall be invested in one or more of the following forms:
(a) in bonds, debentures or other evidence of indebtedness of
(i) the Government of Canada or any province thereof or guaranteed as to principal and interest by the Government of Canada or any province thereof; or
(ii) any municipality or school division or school district in Canada; or
(iii) any regional, metropolitan or municipal authority established by an Act of the Legislature of a province of Canada; or
(iv) the governing board of a hospital established under The Health Services Act or secured by rates or taxes levied under the authority of an Act of the Legislature of a province of Canada on property situated in such province;
(b) in other securities in which a trustee may invest trust monies under The Trustee Act;
(c) in debentures of the city;
(d) in temporary advances to the city pending the issue and sale of any debentures of the city;
(e) in temporary loans to the city for current expenditures;
(f) in securities issued by any country to an amount which does not, at any time, exceed the amount of debentures of the city payable in currency of that country and outstanding at that time.
Trustees in custody of the fund
The sinking fund trustees shall be the trustees of the fund and shall have custody of the fund.
The trustees may invest all or any part of a pension fund of the city vested in the trustees for administration in such securities and investments as are permitted under The Pension Benefits Act and the regulations made thereunder and in securities issued by the Manitoba Hospital Capital Financing Authority under The Hospital Capital Financing Authority Act and in no other securities or investments.
The trustees shall have full power to collect and administer all monies and estates of every description belonging to the sinking fund, and may take all necessary proceedings with reference thereto, and may take all steps in regard to the adjustment, compromise or collection of the same, and may take collateral security both real and personal from any debtor, and shall have power to foreclose mortgages and other securities held by them, and the rights of all parties having any estate, interest or claim in and to the property or properties covered by such mortgages or other security, to exercise powers of sale under any such mortgages or other security, and to convey the same to purchasers, and to sell and convey any land or other property to which they may acquire title by foreclosure proceedings or otherwise, and may sell and transfer any and all securities of every description in which the sinking fund may be invested, including any securities issued by the city, and make further investments with the proceeds thereof, and may deal with the sinking fund in as full and ample a manner as it could be dealt with by a private individual in the individual's own name; the intention being that in all things and under all circumstances, the trustees shall have full power and authority to invest and reinvest the sinking fund, or any part of it, and deal with it for the benefit of the sinking fund in as full and ample a manner as they could do if acting for themselves as private individuals.
The trustees may borrow any sums of money from a Canadian bank for a period not exceeding six months, and as security for such advances, they may pledge or hypothecate any bonds, stocks, debentures or other securities held by them.
As soon as possible after the end of each financial year the trustees shall furnish the council with a detailed statement showing the whole assets held by them, and any outstanding liabilities as at that date; the trustees shall employ a chartered accountant to audit and certify the statement, and the council may by resolution appoint a chartered accountant to audit and certify the statement and inspect the securities held by the trustees, and the trustees shall give all necessary facilities to such chartered accountant making the audit and inspection.
The trustees shall not be liable for or by reason of any failure or defective title to, or any encumbrance on, or depreciation in any security in which they may invest the sinking fund, and they shall not be responsible for any neglect or default on the part of any servant or agent appointed by them, nor for any error or mistake made in good faith, nor for the solvency of any bank in which they may deposit any part of the sinking fund.
All funds administered by the sinking fund trustees of an area municipality before to the coming into force of this Act, and all rights, duties and liabilities of the trustees are vested in the Sinking Fund Trustees of the City of Winnipeg established under section 314 of this Act.
Trustees may be given further trusts
The council shall have power by resolution to vest in the trustees any further or other sums of money, or funds to be administered, invested and controlled by the trustees and to impose on the trustees any further or other trusts in connection with any such sums of money or funds within the powers of the council to impose, and in every such case all the provisions of this section, where not inconsistent with any other statute of the province or any statute of Canada, or with powers of the council or the trustees relating to any such money or funds, shall with such modifications as the circumstances require, apply to such sums of money, or fund.
The trustees may, with the consent of council expressed by resolution, set aside and apply annually part of the then surplus of the sinking fund for and towards creating and maintaining a fund for uncollectable taxes.
The trustees have power and authority to place a portion of their surplus monies to the credit of any by-law account, so as to bring the total amount of the credit thereof up to the amount of the debt that it covers, and to purchase and hand over to the city cancelled debentures representing the debt.
The trustees have power and authority to apply from their surplus funds, such amounts as may be necessary in order to commute any or all future levies which may be unpaid in connection with any portion of the funded debt of the city.
To pay sinking fund instalment
The trustees have power and authority to apply from surplus monies in the fund such amounts as may be necessary to pay the sinking fund instalments in respect of any city debentures issued in respect of properties title to which is obtained through tax sale proceedings.
Discounts and foreign exchange
The trustees may pay to the city part of any surplus of the sinking fund to meet all or any part of the cost to the city of any discount arising from the sale of any debentures of the city, or any loss on foreign exchange sustained by the city on the payment of principal or interest on debentures issued by the city payable in foreign currency.
Use of sinking fund where debts paid
In the event of all or any portion of the bonds or debentures of the city, for the repayment of which the sinking fund of the city was established, being paid off, taken up or exchanged for new bonds or debentures issued under the provisions of this Act, the whole or that part of the sinking fund, in proportion to the amount of bonds or debentures so paid off, taken up or exchanged, shall be appropriated to assist in paying off bonds or debentures of the city thereupon existing and in
force, or to contribute towards a sinking fund for the repayment of bonds or debentures to be thereafter issued by the city in the manner and form aforesaid.
Application of sinking fund credits
The accumulated sinking fund at the credit of any issue of debentures of the city at any time may be applied toward the cancellation of a portion of such issue, and the annual levy to provide for sinking fund from the date of such cancellation to the date of maturity of the issue shall be adjusted so as to be sufficient with estimated interest on the investment thereof to discharge the balance of the debt when payable.
The city council may, by by-law, make provision for the investment, by such person as is designated in the by-law, of any monies of the city not immediately required for its purposes in any notes or deposit receipts of or guaranteed by a bank or other obligations of or directly guaranteed by a bank, or any registered stocks, bonds, debentures, treasury bills, or other securities
(a) of, or guaranteed by, the Government of Canada; or
(b) of, or guaranteed by, the Government of Manitoba, or any province of Canada, or any regional, metropolitan or municipal authority established by an Act of the Legislature of a province of Canada, or any school district or division in the Province of Manitoba; or
(c) of, or guaranteed by, the Government of the United States of America; or
(d) of, or guaranteed by, the government of any other country if the prior approval of the city council is obtained by the person designated in the by-law before any investment is made under this clause in any registered stocks, bonds, debentures, treasury bills, or other security of, or guaranteed by, the government of that other country.
The person designated in the by-law shall be deemed always to have had the power to sell any of the registered stocks, bonds, debentures, treasury bills, or other securities to which reference is made in subsection (1); and the council shall deal with the proceeds of any such sale in the same manner as if the monies had not been so invested.
Notwithstanding any other provision in this Part, the city may enter into agreements respecting the investment of monies of the city or the management of debt of the city including, but not limited to, agreements for the management of risks relating to currency and interest rates, swap agreements, futures agreements, option agreements and rate agreements.
A statement in an agreement that it is made under subsection (1) is proof of that fact.
The council shall establish a policy for
entering into agreements under section 333.1.
Without limiting the generality of subsection (1), a policy established under this section
(a) may delegate to a committee established by council or to designated employees the authority to make decisions or enter into agreements under section 333.1;
(b) shall outline the procedure to be followed in exercising authority under section 333.1 or clause (a); and
(c) shall establish a system of accountability to council for decisions under section 333.1 or clause (a).
S.M. 1997, c. 34, s. 12; S.M. 1998, c. 37, s. 52.
The council shall not later than March 31 in each year or such later date in that year as may be fixed for that year for the purposes of this subsection by the Lieutenant Governor in Council, make and, by resolution, adopt estimates, hereinafter called "the annual estimates",
(a) of all amounts required for the lawful purposes of the city for operating expenditures for that year, including, without restricting the generality of the foregoing, all amounts required to pay the debts of the city, whether of principal or interest, becoming due and payable during that year;
(b) of all amounts that it will require to raise or expend in that year for capital purposes;
(c) of all amounts that, under this Act or any other Act of the Legislature, it is required to raise by the levying of taxes;
(d) of the amount required to defray the cost of collection of taxes and the abatement and losses which may occur in the collection of taxes, whether municipal taxes, school taxes, or other taxes, making due allowance for taxes unpaid on land purchased by the city at tax sale and considered by the council to be uncollectable; and
(e) of all general revenues of the city for that year.
The city shall report to the minister its annual estimates in the manner and in the form prescribed by the minister.
The council shall, in each year, in addition to the annual estimates for capital purposes made under clause 334(b), prepare and adopt a capital expenditure program, hereinafter called "the program", for the five years next following that year; and the program shall show
(a) priorities in the proposed capital expenditure set out in the program; and
(b) estimates of the proposed source, and details of the proposed application, of funds required to implement the program;
for each year covered by the program.
The program shall be prepared in the manner, and in the form, prescribed by the minister.
Forthwith after the adoption of the program, the treasurer shall forward two copies of the resolution and the program to the minister.
S.M. 1991-92, c. 42, s. 27.
The council shall each year, by by-law, levy a rate or rates of so much on the dollar on the assessed value of all the real property liable to taxation in the city as the council considers sufficient to raise the sums required in such estimates after making due allowance for all other general revenues.
How rate levied if roll not revised
If at the time of levying the rate the assessment roll for the year has not been finally revised the rate may be levied on the assessment as fixed and returned by the assessor and the assessor shall thereafter make all necessary corrections and adjustments of the assessment and tax rolls required as the result of appeals from assessments or other lawful changes made therein, and the tax collector shall likewise make the necessary adjustments in the collection of taxes.
If amount collected is deficient
If the amount collected including other general revenues is less than the amount expended, the deficiency shall be carried forward and form part of the city's budget for the next succeeding year.
If the sum collected including other general revenues exceeds the expenditures, the balance shall be carried forward and form part of the revenue of the next succeeding year.
Disposition of excess special tax
If any portion of the amount in excess has been collected on account of a special tax on any particular locality, the amount in excess collected on account of the special tax shall be appropriated to the special local object.
The council may in each year, provide in the estimates for the establishment or maintenance of a reserve fund for any purpose for which it has authority to spend funds.
The monies raised for a reserve fund established under subsection (1) shall be deposited under clause 51(1)(b), and may be invested in securities in which a trustee may invest under The Trustee Act; and the earnings derived from the investment of any such monies shall form part of the reserve fund.
Restriction on use of reserve funds
The monies raised for a reserve fund established under subsection (1) shall not be expended, pledged, or applied to any purpose other than that for which the fund was established.
Where a reserve is not required
Notwithstanding subsection (3), the city may expend, pledge or apply to any purpose monies raised for a reserve fund
(a) which are certified by the city treasurer to be greater than the amount required for the purpose for which the reserve fund was established; or
(b) where the monies raised for the reserve fund are no longer required for the purposes for which the reserve fund was established; or
(c) where the purposes for which the reserve fund was established are terminated.
Report of city auditor on reserve fund
The city auditor in his or her annual report shall report on the activities and position of each reserve fund established under subsection (1).
S.M. 1991-92, c. 42, s. 28.
Subject to section 341 the fiscal year of the city shall be the twelve months, ending on December 31 in each year.
Material sent with tax statements
Where the city, in any year, sends any tax notice or statement of and demand for taxes, it shall include therewith any tax related printed notice, information or material supplied by the minister.
Fiscal year of Hospital Commission
The fiscal year of the Municipal Hospital Commission of The City of Winnipeg is the 12 months ending on March 31 in each year.
LOCAL IMPROVEMENTS
In this Part and in Part 9
"fronting" includes "abutting"; (« donnant sur »)
"city's portion of the cost" means that part or proportion of the cost of a work which is not to be specially assessed; (« participation de la Ville »)
"land fronting on the work" or "land fronting on the street wherein the work is to be done" or any other phrase to the like effect, means land fronting on a street and directly opposite some portion of the work done or to be done therein; (« bien-fonds donnant sur les travaux », « bien-fonds donnant sur la rue où doivent s'effectuer les travaux »)
"lifetime", as applied or applicable to a work, means the lifetime of the work as estimated by the engineer, or in the case of an appeal, as finally determined by the board of revision; (« durée »)
"local improvement" means a work or service intended to be paid for or maintained wholly or partly by special assessments against the land benefited thereby as determined in the manner in this Part set forth, and the term "benefited" in this Part means specially or directly benefited; (« amélioration locale »)
"owners portion of the cost" means that portion of the cost of a work which is to be specially assessed on the land abutting directly on the work or on land immediately benefited by the work; (« participation du propriétaire »)
"pavement" includes any description of pavement or roadway on a street; (« revêtement »)
"river" includes a stream, creek, canal, drainage ditch, water nel, and any other water course, whether natural or made or oved by man; (« cours d'eau »)
"sidewalk" includes a street crossing; (« trottoir »)
"specially assessed" means specially rated for or charged with part of the cost of a work; (« assujetti à une cotisation spéciale »)
"trunk storm water drainage system" includes conduits, storm water retention ponds, control devices and pumping stations but does not include lateral conduits and catch basins; (« réseau de drainage principal des eaux pluviales »)
"work" means a work or service which may be undertaken as a local improvement. (« travaux »)
Land regarded as fronting on street
For the purpose of assessment for local improvements, a parcel of land shall be regarded as fronting on a street if any part of it is within 12 feet of the street.
Description of local improvements
The cost of making any of the improvements hereinafter mentioned may, if such improvements are initiated in any of the methods set forth in this Part, be levied in whole or in part against the land benefited thereby:
(a) the opening, widening, grading, paving, planking, gravelling, curbing, resurfacing or otherwise improving of any street;
(b) the construction of a bridge, culvert, subway, embankment, pier, wharf or landing on or as part of a street;
(c) the constructing of a pedestrian deck or pedestrian tunnel together with such services, utilities, plant and equipment appurtenant thereto as may be deemed expedient for the enclosing thereof against the weather, for the lighting thereof, for the controlling of the temperature of the air therein, for the purifying of the air therein or in a street below, and for the gaining of access thereto and exit therefrom;
(d) the deepening, dredging, altering or diverting of any watercourse or body of water which drains any locality;
(e) the constructing, enlarging or extending of any water or sewer main or other portion of the city's waterworks or sewer system, or the extension of any distribution circuit of the city's hydro-electric system;
(f) the construction of:
(i) retaining walls, dikes or breakwaters along the banks of rivers,
(ii) works to stabilize the banks of rivers;
(g) the constructing and improving of boulevards;
(h) the planting or caring for trees, shrubs and plants in a street;
(i) the installing, maintaining and operating of a special or additional lighting service on a street or the installing, maintaining and operating of a lighting service in a public lane;
(j) the installing, operating and maintaining of a high pressure water system for fire protection purposes; and the establishing, equipping and maintaining of a salvage corps for the benefit of the areas served by the system;
(k) the reconstructing or renewing of any such works.
Local improvement may include repair
Where under this Act, the city is authorized to undertake, as a local improvement, the construction, establishment, or operation of any thing, it may also undertake and carry on, as a local improvement, the equipping, maintenance, repair and reconstruction thereof.
The city may pass by-laws
(a) for classifying the various types of pavement to be laid in streets;
(b) for providing that the cost for each class of pavement per square yard laid in each year shall apply uniformly throughout the city, and shall be assessed and levied against the real property benefited thereby subject to the portion of the cost, if any, which may be borne by the city as in this Part provided; the object being to enable the city to fix a uniform basis of cost and assessment and levy therefor for the various types of pavement in all parts of the city;
(c) for providing that the cost of each of the following works carried out as local improvements:
(i) the construction of boulevards;
(ii) tree planting;
(iii) the laying of crushed stone on streets or lanes;
(iv) the oiling of streets;
shall each be pooled and shall apply uniformly throughout the city and shall be assessed and levied against the property benefited thereby, except that portion, if any, which may be borne by the city as in this Part provided;
(d) for fixing, as the cost per square yard of constructing certain sidewalks, a sum that shall apply uniformly in assessing the cost of such sidewalks, and that shall for that purpose be deemed to be the actual cost of such sidewalks, throughout the city, in order to enable the city to fix a uniform basis of assessment for sidewalks that, in the opinion of council, should be assessed in this way, and to provide for the equitable distribution of the cost; and council shall, in setting the cost, take into account any allowances made in respect of the flankage of lots or irregularly-shaped lots or other special cases authorized by this Act;
(e) for fixing, in the case of lighting services installed in public lanes as local improvements, as the cost per lighting fixture, a sum which shall apply uniformly in assessing that cost and which shall for that purpose be deemed the actual cost of the lighting services per lighting fixture installed in public lanes throughout the city in that year; the object of this clause being to enable the city to fix a uniform basis of assessment for installation of lighting services in public lanes and to provide for the equitable distribution of the cost thereof, taking into account, inter alia, allowances made in respect of the flankage of lots or irregularly-shaped lots or other special cases hereinafter authorized.
The city, in the case of the installation of ornamental street lighting as a local improvement may
(a) classify the various types of ornamental street lights and standards to be installed in streets;
(b) pass by-laws fixing, as the cost per ornamental street lighting fixture, a sum which applies uniformly in assessing that cost and which shall, for that purpose, be deemed the actual cost of the ornamental lighting services for each ornamental lighting fixture installed in public streets throughout the year for which the by-law was passed, the object of this clause being to enable the city to fix a uniform basis of assessment for installing ornamental lighting in public streets and to provide for the equitable distribution of the cost thereof, taking into account, among other matters, allowances made in respect of the flankage of lots or irregularly shaped lots or other special cases hereinafter authorized.
Assessing cost of local improvements
The special assessment to be levied in respect of any local improvement constructed by the city in any year, whether or not such work is partly outside the city, shall be uniform throughout the city and shall be based on
(a) a uniform rate based on the number of lineal feet along the land, if any, that are fronting or abutting on the street, that is to say, on a frontage basis;
(b) a uniform rate, based on the valuation of the land benefited, not including the buildings thereon;
(c) a uniform rate based on the valuation of the land benefited, including the buildings on the land;
(d) a uniform rate based on the acreage of the land benefited or on the area thereof in square feet; or
(e) a rate that is a combination of any two or more of the rates mentioned in clauses (a) to (d);
as the city by by-law may prescribe.
Special assessment for storm sewer
Notwithstanding subsection (1), where the land benefited by the construction of a trunk storm water drainage system has been determined in accordance with section 360, the city may levy the cost of the construction of the trunk storm water drainage system against the land benefited by a special assessment which shall be uniform in respect of all the land benefited and which shall be based on the factors set forth in clauses (1)(a) to (e) but which need not be uniform with other special assessments levied in other parts of the city in respect of the cost of construction of trunk storm water drainage systems.
Agreement of city and municipalities
Where a sewer is constructed partly in the city and partly in another municipality, the city and the municipality may enter into an agreement whereby the municipality will agree to pay, and it may collect and pay, to the city all such sums of money for the construction, maintenance, repair, alteration, or replacement, of the sewer as the municipality would be entitled to collect if the portion of the sewer within its limits had been constructed by it as a local improvement.
Notwithstanding subsection (1), where a sewer is required to be constructed in a lane for drainage purposes, the city may, at the discretion of the council, levy for the costs thereof, including the cost of any outlet through private property, in the same manner as the costs of an ordinary local improvement are levied or charge the costs thereof to the city at large and, where the sewer is treated as a local improvement, the costs shall be assessed against land benefitted in accordance with section 360.
Special assessments under old agreement
Notwithstanding any other provision of this Part, where before January 1, 1972 an area municipality entered into an agreement with owners, or persons entitled to be owners, of land within an area municipality that provided for the construction of a local improvement, and for a manner of levying special assessments in respect of the local improvement that was different than the manner required under this Part, but which would have been valid if The City of Winnipeg Act, S.M. 1971, chapter 105, had not been enacted, the city may, to the extent necessary to comply with the agreement, levy special assessments, including interest at a rate not exceeding the rate levied by the city in respect of other local improvements during the year, for the local improvement in the manner provided by the agreement; and the provisions of this Part that are not inconsistent with the provisions of the agreement apply, with such modifications as the circumstances require; and the city is deemed to have had this power from the date of the agreement.
S.M. 1989-90, c. 52, s. 8.
Where property that has never been charged with an assessment for the construction of a sewer is connected with a sewer within the city formerly belonging to an area municipality, a charge may be made against the property in the amount of an assessment calculated, as prescribed in a by-law passed under section 346 and, unless commuted, shall be spread over a term of not less than 10 years with interest as in the case of an ordinary local improvement.
Such charge may be added to the taxes on the property and collected in the same manner as the ordinary municipal rates of the city.
City to assume costs in some cases
If a property is connected with a sewer in a street on which the property does not front, and a sewer is subsequently constructed as a local improvement in the street on which the property fronts, the city shall, notwithstanding any limitation contained in section 372, assume the share of the cost of the new sewer that would ordinarily be levied against the property, to the extent of the charge levied under subsection (1) and the rate against the property in respect of the new sewer shall be adjusted accordingly.
Cost of renewal or enlargement
Whenever the city decides to renew, enlarge, improve or divert an existing sewer, and the property abutting on the street in which the work is proposed to be done has never been assessed by way of special assessment for any portion of the cost of the existing sewer, the city may, notwithstanding any adverse petition, assess the cost of the renewal, enlargement, improvement, or diversion as a special assessment against the property in the manner provided in section 346.
The city may charge all persons who own or occupy property that is drained into a common sewer, or that by any by-law is required to be so drained, with a reasonable rent for the use of it and may regulate the times and manner in which the rent is to be paid.
The city may pass by-laws for prescribing the terms and conditions on which owners from time to time of any property may have special sewer connections between their property and sewers situated elsewhere than in the portion of street on which their property immediately fronts, including, inter alia, conditions
(a) that the owners shall construct or maintain the special connections to the satisfaction of a designated officer of the city;
(b) that the owners shall indemnify the city against any damage, loss or expense incurred by the city as a result of the construction, existence or removal of the special connection; and
(c) that as soon as a sewer is constructed in the street on which the property fronts the property shall be connected therewith by the then owner and the special sewer connection removed by him.
Frontage rate for cost of mains
The city may impose a frontage rate on property fronting on streets in which mains of the city's waterworks have been or are placed and the rate may be a uniform rate per foot of the frontage.
Determining properties affected
The amount of the rates, the real properties to be affected, and the time of payment of the rates shall be ascertained and determined by such authority and in such manner as directed by the council.
A copy of the report of the authority shall be filed with the official in whose charge the tax collector's rolls are prepared, and the official shall enter the amount of the rates in the rolls against the respective land affected in the same manner as ordinary rates and taxes.
The rates may be imposed irrespective of whether the real property is vacant or is not connected with the water mains or does not use or receive water from the mains.
The frontage rates shall be a charge separate and apart from any other rate or price charged for water or other service actually furnished or supplied or agreed to be furnished or supplied by the city and shall be treated and collected and shall form a lien on the real property affected in the same way as taxes levied thereon by ordinary assessment.
How frontage rate money may be used
Money from a frontage rate may be used for the repair and replacement of
(a) water and sewer mains; and
(b) streets and sidewalks in residential areas.
Money that was collected from a frontage rate under this section before the coming into force of subsection (6) may be used only for the repair and replacement of water and sewer mains.
Frontage rate for lane lighting
The city may annually impose a frontage rate on property fronting on public lanes in which lighting services are installed, which may be a uniform rate per foot of the frontage, sufficient for the city to recover the annual cost of maintaining and operating the lighting services installed in those lanes.
A frontage rate imposed under subsection (1) shall be a charge and shall form a lien on the land affected by it, and shall for all purposes, including the assessment of penalties for late payment, be deemed to be a part of the municipal taxes levied on the land by ordinary assessment.
When the owner of any land not fronting on a street wherein a water main is constructed requests the city to provide such land with a water service by means of a special water connection the owner shall reimburse the city for the cost of construction thereof and the owner from time to time of such land shall reimburse the city for the cost of maintenance of the water connection and any other expense, loss or damage which the city may suffer by reason of or arising out of the construction, existence or removal of the special water connection. Provided that, on the recommendation of the designated employee, the city may pay a portion of the cost of constructing any such special water connection, not exceeding the estimated amount that would be paid by the city in the case of a normal service to the land.
Charges for special connections
Where property that has never been served by a watermain and, therefore not assessed for a watermain, is connected to a watermain by means of a special connection, a charge may be made against the property in the amount of an assessment calculated as prescribed in a by-law passed under section 346 and, unless commuted, shall be spread over a term of not less than 10 years, with interest as in the case of an ordinary local improvement.
The land referred to in subsection (1) shall be subject to any waterworks frontage rate on the basis of its frontage on a street or of an assumed frontage decided by the engineer, as the circumstances may require.
City may disconnect special service
Where the land fronts on a street, as soon as a watermain is constructed therein the city may, at the expense of the then owner, disconnect the special water connection and connect the land with the new watermain.
S.M. 1989-90, c. 51, s. 9; S.M. 1998, c. 37, s. 53.
As the parts of the city benefited by the high pressure water system are extended from time to time, the city may determine what additional areas should bear a portion of the cost of the original construction and installation of such system and of the extension and maintenance thereof, and determine the sums to be assessed annually against the properties in the additional areas for such purpose. By-laws heretofore passed authorizing the issue of debentures for such purposes may be amended accordingly or new by-laws passed.
Cost assessed on property benefited
Notwithstanding anything to the contrary in this Act, the sums required for the purpose of providing for the cost of the construction or maintenance of the system, or any extension of it, may be assessed against the properties in the areas of the city benefited thereby, as determined by the council, by the levy of an annual rate on the assessed value of the properties, and there shall be no appeal against the levy.
No notice for extension of system
No notice of the intention of the council to extend the system or to assess the cost of it, as provided in this section, shall be required.
In case the whole or a part of the cost of a local improvement is assessed by by-law against any land, and after the passing of the by-law the land is resubdivided or a division of ownership in respect of it takes place, the treasurer may, with respect to unpaid or unaccrued assessments, re-apportion any part of the cost and assess against any part of the land such proportion of the cost as seems to the treasurer to be just, and the sum so re-apportioned and assessed against any parcel of land shall be levied and collected by an annual rate thereon in lieu of the original rate, as if the new rate had been levied on the parcel in the by-law; and in the case of a sewer, the sum that may be re-apportioned and assessed shall not be limited to a rate calculated as prescribed in a by-law passed under section 346.
Where the whole or a part of the cost of a sewer is assessed by by-law against any land, and after the passing of the by-law the land is resubdivided or developed in a way that requires additional sewer facilities, the treasurer may, in addition to the apportionment provided for in section 355, assess the cost of any additional sewer or sewers required to serve the land as a result of the resubdivision or development against any land fronting on any street in which the additional sewer is constructed or that is otherwise served by it, as provided in section 346.
Items included in local improvement
The city may include the following in the cost of any work carried out as a local improvement:
(a) engineering expenses;
(b) the cost of advertising and of serving notices;
(c) interest on temporary loans to pay for the work;
(d) compensation for land taken for the purposes of the work or injuriously affected by it and the expenses incurred by the city in connection with determining such compensation;
(e) the amount required to be raised for interest in respect of debentures issued before or during or after construction;
(f) administration expenses not exceeding 6% of the actual cost of the work;
(g) an amount to be charged as interest on the costs mentioned in clauses (a) to (d) that are financed by means other than debentures and the city treasurer shall determine the rate of interest which is to be so charged, the rate to be authorized by resolution of council.
In ascertaining and determining the cost of draining any locality, or of constructing or extending any sewer, the council may estimate the cost of construction of branch drains to the property line, and include the cost of the branch drains in making the assessment for the sewer as a local improvement, provided, that where the sewer is not in the middle of the street, the city may charge against the properties on the side of the street nearest to the sewer such sums over and above the actual cost of the sewer connections as would have extended them to the middle of the street, and reduce accordingly the assessments on the land on the other side of the street.
When an application is made by an owner of any property for a connection to a sewer that is not in the middle of the street, the owner shall construct the connection; and, in the case of a connection on the side of the street nearest to the sewer, the owner shall pay to the city at the time of making application for the required permit the estimated cost, as determined by the city engineer, over and above the actual cost of the sewer connection that would have been required to extend it to the middle of the street, and in the case of a connection on the other side of the street, the city shall pay to the owner when the connection has been satisfactorily completed, a sum equal to the extra cost incurred by the owner as a result of the sewer not being in the centre of the street.
The city may pass by-laws for determining or providing the means of determining in respect of local improvements generally, or in respect of any particular work or class of work,
(a) what land will be benefited by the work;
(b) what portion, if any, of the cost of the work shall be assumed by the city at large, as provided in this Act;
(c) if, in the opinion of the council, land other than that abutting on the work will be benefited, what portion of the cost of the work shall be assessed against such non-abutting land or against any designated portion thereof.
Method of determining land benefited
The city has power to make such determination with regard to any local improvement by a by-law passed after the work is completed, if the by-law in respect of the matters referred to in subsection (1) does not conflict with the terms of the previously published notice of the intention of the council to undertake the work or with the petition for the work.
Allocation to be determination
A provision that the cost or a share of the cost of an improvement is to be assessed against certain land shall be taken as a determination within the meaning of this section that such land will be benefited by the work.
In sections 362, 363 and 367,
"assessable frontage"
(a) in the case of sewers to be assessed on an area basis under section 346, means the area of that land that is to be assessed for the proposed work, and
(b) in all other cases means that portion of the frontage of a parcel of land that is to be assessed for the proposed work after making any allowances or adjustments authorized by section 374; (« façade assujettie à la cotisation »)
"frontage" in the case of sewers to be assessed on an area basis under section 346, means "area". (« façade »)
Petition for local improvements
Proceedings for the execution and completion of a local improvement may be initiated by a petition to the council requesting the improvement, signed by at least 3/5 in frontage of the owners of the land to be benefited thereby as determined by the council.
When council may proceed with work
On receipt of such petition by the council at a regular or special meeting, together with satisfactory evidence that a notice of the filing with the clerk has been given by the city to each owner of land to be benefited as aforesaid who has not signed the petition, by mailing the notice to the person's last known address, as shown on the last revised assessment roll, at least five days previous to the receipt by the council, the council may within the same year or the next succeeding two years proceed with the work without any further advertisement or notice being given.
Council initiating local improvement
The council may by by-law authorize the undertaking of any local improvement without a petition therefor, and the assessment of the cost shall be made on the land benefited, unless the owners of the land proposed to be assessed for the improvement, which land has assessable frontage aggregating at least 3/5 of the total frontage to be so assessed, petition the council against the improvement within one month after the publication of a notice by the clerk of an intention to submit the proposed work to the designated employee to undertake the work; and the notice shall be inserted in at least one newspaper published in the city.
The sufficiency of a petition for or against a local improvement shall be determined by the city treasurer who shall then issue a certificate, and on the issue of that certificate the determination as to the sufficiency of the petition is final and conclusive.
Notwithstanding that any such notice of intention is expressed to be a 30 days' notice, instead of for one month, the notice shall not be deemed to be invalid nor to invalidate the assessment by-law passed in respect of the local improvement indicated in the notice, provided that all other notices required under the provisions of this Act to be given in connection with any such work, shall be given, and the time in connection therewith shall run concurrently.
Agreement by owners not to petition
In the event of any such notice being published in respect of a proposed work,
(a) if owners of land benefited by the work, having assessable frontage aggregating at least 3/5 of the total frontage proposed to be assessed therefor, agree with the city not to petition against the work; or
(b) if land representing, as to frontage to be assessed, at least 3/5 of the land benefited by the work, is owned by the city or if part of such 3/5 is owned by the city and the balance by owners who agree with the city as aforesaid;
the work may be proceeded with before the expiration of the one month period hereinbefore mentioned, and the cost thereof may be assessed against the land benefited thereby as in the case of other local improvements; or
(c) if all the land benefited by the work is owned by the city the work may be proceeded with as a local improvement without the publication of any such notice and the cost of the work may be levied against such land as in other cases.
Local improvements on city's land
Subject to subsections (1), (3) and (4), in all cases where the land to be benefited by a proposed local improvement includes any land owned by the city, the city with respect to such land shall be regarded as an owner who is entitled to petition for or against the work, but has refrained from doing so.
S.M. 1989-90, c. 51, s. 9; S.M. 1998, c. 37, s. 54.
Notice when assessment on abutting land
If the assessment is to be made only on land fronting on an improvement, it shall be sufficient for the notice to contain a general description of the improvement, stating the points between which it is to be made, and it shall not be necessary to state in the notice the value of the land rateable for the cost of the work or the rate to be imposed thereon.
Notice when assessment not on abutting land
If any part of the contemplated work is not in any street or if the assessment is to be made in whole or in part on land other than that fronting on the improvement, the notice shall state generally the part of the street or streets on which the land proposed to be assessed fronts, and if it is
proposed to assess some of the land at a greater rate than other land, owing to a greater benefit to be derived from the improvement, the proposal shall be indicated in the notice, but it shall not be necessary to define accurately the varying proportions of the assessment.
No further notice for two years
If the owners petition the council against the proposed work within the time mentioned in the notice, the work shall not be proceeded with as a local improvement, and no second notice in respect of the same proposed improvement shall be given by the council within two years thereafter.
No petition against improvement
Where no petition sufficiently signed is presented to the council against such improvement within the time limited, the city may, in the same or any succeeding year, carry it on to completion before making the assessment therefor, and the notice shall stand good as the authority for undertaking the improvement and for making the assessment.
Where an improvement is carried out over a period extending beyond December 31 of any year and a part of the improvement is completed and operational by that date the assessment for that part of the work may be made before the remainder of the work is completed and assessed.
Improvements to boundary streets
In the case of a street, in either the city or an adjoining municipality, that is laterally contiguous to the boundary line between them, the city and the municipality may by mutual consent undertake any local improvement in the street and agree as to the respective shares of the cost thereof to be assessed against the properties benefited thereby in both the city and the municipality, and the shares to be assumed respectively by each of them as a whole; and the city and the municipality may also agree as to whether one or the other or both of them shall execute the work of construction, and agree in like manner as to the maintenance thereof, and as to the proportionate amount of the cost of maintenance to be paid by each.
On the city and the municipality entering into an agreement with respect to the matters hereinbefore mentioned, the proposed work shall be advertised by each according to the procedure applicable to other local improvements therein, and the owners of property affected in the city and the municipality shall have the same rights in respect to the proposed work and the special assessment therefor as if the work were proposed to be done in the city and the municipality and the cost thereof wholly assessed against property therein.
If the owners of land benefited by the work representing at least 3/5 of the frontage to be assessed in the city and the municipality, petition their respective councils against the work within the time limited for filing such petitions in the city and the municipality respectively the work shall not be proceeded with and it shall not be advertised again in the same year; but, if no such petition is presented within the proper time, the city and the municipality may proceed with the work and assess the cost by a frontage rate or by a rate in accordance with section 346 against the properties benefited by the work in the city and municipality as agreed.
City and municipality may borrow
The city and the municipality may each borrow money by the issue and the sale of debentures for the purpose of raising their respective shares of the cost of the work, including the property owners' share, in all respects as in the case of other local improvements.
The city may, before giving notice or passing a by-law authorizing the work, acquire any land required for a proposed improvement, and may take options to purchase the land either in the name of the city or any agent of the city, which options the city may or may not exercise, as the council sees fit, and if the work is not proceeded with, the council shall forthwith dispose of the land acquired, unless it can be utilized for some other work or undertaking of the city that is authorized by by-law.
The city may, without any of the formalities set out in this Act, except in the case of the opening or closing of a street, make any improvement within the classes hereinbefore designated as local improvements or do any work in a street with funds provided in advance by persons desirous of having the work done.
Appointment of board of appeal
There shall be a board of appeal consisting of three or more members of the council to be appointed in each year by resolution of the council.
The council may name a member of the board to be chairperson and the board may appoint a secretary.
A majority of the members of the board shall be a quorum.
Where non-abutting land affected
If the assessment for a local improvement is to be levied in whole or in part on any land other than that fronting on the improvement, then before proceeding with the work or passing a by-law making an assessment, the following steps shall be taken:
(a) a date shall be fixed by the board of appeal for the hearing of complaints against the proposed assessment;
(b) the city shall, at least ten days before that date, publish in a newspaper having a general circulation, a notice stating the time and place at which the board will sit, and specifying generally what the proposed assessment is for and the total amount to be assessed;
(c) a notice of the time and place at which the board of appeal will sit, shall, at least fifteen days before the day appointed for the sitting of the board be mailed by the clerk to the last known address of the owner or the agent of the owner of each parcel of land proposed to be assessed but not fronting on the work, and such notice shall contain a general description of the land of such owner in respect of which the same is given, a general description of the proposed work, the approximate total cost thereof, the approximate amount of the proposed assessment on the particular piece of land, and the time and manner in which it is to be payable;
(d) where the address of any owner, or his agent, if any, is unknown, such notice shall be sufficiently given if published in a newspaper published in the city at least fifteen days before the sitting of the board;
(e) notice to several owners may be included in one form of notice if it indicates the parcel of land owned by each of them;
(f) at the time and place appointed the board of appeal shall sit to hear and dispose of complaints against the proposed assessment.
The board of appeal in respect of such complaints shall have all the powers vested in the board of revision in dealing with appeals from the general assessment roll of the city.
Board may add land to assessment
The board may, among other things, inquire and determine what other land, if any, than those included in the proposed assessment appealed from, are or will be specially benefited by the proposed work, and may add such land to the proposed assessment, notwithstanding the land or any part of it may not have been specified in a notice of appeal; and shall cause all parties affected by the addition to be notified of the time and place when and where the matter will be heard, and may for that purpose adjourn the hearing of the appeal from time to time.
City's share of local improvements
If, in the opinion of the majority of the whole council, a local improvement benefits the city at large or generally and it would, in their opinion, be inequitable to raise the whole cost by local special assessments, the council may provide that a portion of the cost of the improvement, hereafter called the "city's share", shall be borne by the city at large, and the city may authorize the raising of the share by the issue and sale of debentures in accordance with the provisions of this Act governing the borrowing of money for other capital expenditures, provided that the city's share of the cost of an improvement shall not exceed 4/7 of the whole cost, except in the case or ornamental street lighting as hereafter provided and in the case of pavements where the cost of paving the street intersections together with allowances, if any, made in respect of irregularly shaped or corner lots, as hereafter provided, exceeds 4/7 of the whole cost, in which case the city's share may be, but shall not exceed, the total
of such deductions and the cost of such intersections, and except also in the case of ornamental street lighting where the city's share may be, but shall not exceed, the cost of allowances, if any, made with respect to irregularly shaped or corner lots and for the installation of lighting of additional capacity as hereafter provided.
Levies in cases of exempt land
If any work is undertaken by the city as a local improvement and all or part of the land fronting thereon is exempt from special levies therefor, the city may pass the usual special assessment by-law as in ordinary cases and may assume as part of its share of the cost of the work the levies for the work which it might have made against the exempt land if it had not been so exempt, and such levies shall not be taken into account in computing the 4/7 limit prescribed in subsection (1).
Imposing of levies when land taxable
Except when a levy is for the placing of crushed stone, if any of the land fronting on the work is exempt during the whole of the term of the special levies, the full amount assumed by the city under subsection (2) may be levied against the land whenever it again becomes subject to taxation, at the same rate and during the same number of years as in the original term.
Levies on partially exempt land
If any of the land fronting on the work is exempt during part only of the original term, the levies may be imposed against the land for the part of the term in which it is not exempt and except when a levy is for the placing of crushed stone, additional levies may be imposed for a further period sufficient to reimburse the city for levies assumed by it under subsection (2).
Where more than 40% in frontage of the land fronting on the work is exempt from taxation when the work is ordered to be done, it shall not be necessary to advertise the city's intention to do the work as in the case of an ordinary local improvement, but all of the other provisions of this Act applicable to local improvements shall apply and the work may be proceeded with immediately.
In any case where the city publishes a notice of its intention to undertake a local improvement and to assume the levies in respect of exempt land fronting thereon, for the purpose of determining whether a petition against the work is sufficiently signed, the total frontage to be assessed shall be deemed to include the frontage of the exempt land.
In addition to the powers hereinbefore contained, and without regard to the 4/7 limit prescribed in subsection (1), where the city installs as a local improvement ornamental street lighting with a greater illuminating capacity than is required for ordinary residential purposes or constructs a pavement as a local improvement which is wider or stronger than is deemed by the city as sufficient for ordinary purposes, the city shall have the power to assume as part of its share of the cost of the work, the whole or part of the cost of the excess illuminating capacity of the ornamental street lights or of the excess width or thickness, or of any other extra cost of the pavement in excess of what would have been the cost of an ordinary pavement.
Notwithstanding anything to the contrary in subsection (2) or (7), the share of the cost of any local improvement assumed by the city at large, shall not exceed
(a) the total of any levies in respect of exempt land, assumed under the authority of subsection (2) and any extra cost assumed under subsection (7), together with the cost of intersections and allowances referred to in subsection (1); or
(b) 4/7 of the total cost of the work;
whichever is the greater.
Refund of levies for crushed stone
The city may refund any monies collected by it from any person pursuant to a levy for the placing of crushed stone made under subsections (3) and (4).
Improvements in urban renewal areas
If any work is undertaken by the city as a local improvement under an agreement entered into with the Government of Canada for an urban renewal project under the National Housing Act, 1954 (Canada) the city may pass the usual special assessment by-law as in ordinary cases and the land benefited thereby shall be exempt from the special levies therefor for the purpose of subsection (2) during such time as it is owned by the city or the Government of Canada or both or by the Province of Manitoba or by any or all of them and in the case of a sale of any part of the land subsections (3) and (4) shall apply.
Notwithstanding section 372, in a residential district where lots on one side of a street are arranged in one or more bays and a U-shaped pavement is constructed in a bay or other work undertaken therein, as a local improvement, and at the same time or subsequently a pavement is constructed or other work undertaken in that part of the street extending across the open end of the bay, as a local improvement, the city may assume one-half, or any smaller fraction, of the cost of the last-mentioned pavement or work, in addition to any other share of the cost thereof, or of levies in respect thereof, which the city may assume under other sections of this Act.
If the city constructs a sidewalk across the open end of a bay at the expense of the city at large, it shall have the same power to borrow money to pay the cost thereof as it has to borrow to pay the cost of a local improvement.
Equitable mode in special cases
The city may provide an equitable mode of assessing for local improvements, any parcel of land fronting on two or more streets, non-rectangular parcels, parcels fronting on a river, parcels fronting on street intersections, and parcels
regarded as fronting on a street by virtue of being within 12 feet therefrom, although not actually abutting thereon, as well as land between such parcels and the street, having due regard to the situation, value and superficial area of such parcels as compared with adjoining parcels assessable for such improvements, and may charge the amount of any allowance made on any such parcel on the other real property fronting on the improvements, or benefited thereby, or assume the same as a portion of the city's share of the improvement.
It shall not be necessary to include in any notice of the intention of the council to undertake a local improvement a statement of the amount of the assessment to be made therefor on any such land, but the assessment shall be subject to appeal to the board of appeal and from the board to The Municipal Board in the same manner as that in which appeals from the board of revision are made under Part 8 of The Municipal Assessment Act.
Any such appeal to the board shall be brought within three months of the date of mailing of the tax statement showing the assessment complained against, or the first of the assessments, if spread over a term of years.
S.M. 1989-90, c. 90, s. 41.
Land unfit for building purposes
If any land fronting on a street is, in the opinion of the council, unfit for building purposes for any cause, the city may determine in what proportion the cost of any local improvement shall be assessed against the different parcels of land fronting on the street, and there shall be the same right of appeal from such determination as is provided in section 374.
Where land fronts on park or drive
Where work is done as a local improvement in a park, square, scenic drive or boulevard, land abutting thereon shall only be assessed for the cost of the work to the extent that it is specially benefited thereby, and where there is taxable land on only one side of such drive or boulevard, the city at large shall assume at least
one-half of the cost of the work and the work may be done and the cost assessed in spite of any adverse petition by the owners of the property affected.
Where land is taken or required for the purpose of opening a street, and the owner of the land donates it to the city for the purpose, the city may, in assessing the cost of the improvement, exempt the owner from the whole or a portion of the cost of purchasing other land taken or required to be taken for the street, and may charge the whole or any portion of the cost against the land from which the purchased land was taken, in such manner, and in such proportion as the council considers most equitable, having regard to the lands given and purchased and the respective advantages accruing to the owners of the various lands benefited by the improvement.
Except as otherwise provided, the portion of the cost of every local improvement not assumed by the city at large, or the whole cost where no part is so assumed, such portion, or the whole, as the case may be of such cost, being hereinafter called the "property owners' share", shall be assessed against the property benefited, by a special annual rate in accordance with the assessment under section 346, and if different areas of land benefited are to be assessed with different portions of the cost of the work, the special annual rate may be different for different areas.
The city may regulate the time or times and manner in which the special assessments for any local improvements are to be paid, and the terms on which the assessments may be commuted by the payment of principal sums.
A debt created by the city to provide the property owners' share of the cost of a local improvement shall be payable within the probable life of the improvement as certified by the engineer, in the case of sewers, not exceeding 30 years, and in the case of community centres, not
exceeding 10 years; but in any case within 50 years and the special annual rate mentioned in section 378 shall be sufficient to pay interest on the debt and to pay the annual instalment of principal or to provide a sinking fund sufficient to discharge the debt when payable as in the case of other debts created by the city; provided that in fixing the special annual rate, the city may provide for interest on the debt at a higher rate than the rate payable by the city under its debenture by-laws to cover the discount on the sale of debentures and to meet the costs of assessment and collection, but the excess shall not exceed 1% per annum.
Where the first assessment for a local improvement proves insufficient, the council may make a second or other additional assessment in the same manner, and so on until sufficient monies have been realized to pay for the improvement; and if too large a sum shall at any time be raised, the excess shall be credited rateably on account of taxes levied against the lands assessed for the improvement.
Part of local improvement completed
If on completion of part of the work of a local improvement it is in the opinion of the council considered advisable after due advertisement not to proceed further with the work, the council may assess the cost of the work partially completed on the lands benefited by the work.
Construction of private approaches
When the city constructs, renews or alters a pavement as a local improvement, it may
(a) make and place all necessary driving or other approaches and crossings to private properties, and include the cost thereof in the amount of frontage assessment chargeable to the respective properties and collect it in the same way as the cost of other local improvements;
(b) put in all necessary private drain connections from any existing sewer within the area of the work, to the street line on each side thereof, and may assess and levy the cost of such connections on the particular property benefited
thereby as part of its share of the cost of the local improvement, the assessments being equalized as between the properties on each side of the street where the sewer is not in the middle of the street.
Connection with sewer and water main
Whenever the city is about to pave a street, or portion of a street, in which sewer and watermains have been or are being laid, it may require owners of properties fronting or abutting on the street or portion of street forthwith, or within such time as the designated employee shall fix,
(a) to connect their properties with the sewer main; and
(b) to notify the designated employee of the location of the water connection;
and if any such sewer connection is not made or the location of the water connection is not given as required, the city may make the connection and the cost thereof shall be payable, as in this section provided; or forbid for such period of time as it may determine, save with special permission of the council, any such connection being made in any manner that may involve cutting, breaking, opening, replacing, repairing or altering the pavement.
The cost, as certified by the engineer, or such portion thereof as council may decide, of any sewer connection made by the city under this section, may, if not paid forthwith on completion of the work, be added to the taxes as a frontage assessment chargeable to the property served by the connection and collected in the same manner as local improvement charges.
Until a water connection is used the owner of the property served shall pay to the city therefor such annual or other charge for the water connection as the city may determine and the city may add the charge to and collect the same as taxes levied against the property.
Compliance with statutes and by-laws
Nothing in this section shall be deemed to excuse the due compliance by the owners or occupants of any properties with any Act of the Legislature or any regulation made thereunder or any by-law of the city in respect of drains, sewers or water services.
S.M. 1989-90, c. 51, s. 9; S.M. 1998, c. 37, s. 55.
Consolidated assessment by-laws
The council may at any time pass one or more consolidated special assessment by-laws, each of which may levy special rates in respect of any number of separate local improvements; and the special levies imposed by any such by-law may be at various rates per foot frontage or at a rate per square foot and for various terms, provided that a separate schedule for each separate local improvement is attached to and made part of every by-law, and provided that the rate imposed in respect of each local improvement is an annual rate per foot frontage or per square foot on all properties that are to bear the cost of the improvement.
Each schedule shall contain
(a) a brief description of the local improvement and the amount of the cost thereof which is to be levied by special rate;
(b) a description of the individual lots or parcels of land which are to bear the cost of the improvement;
(c) the rate to be levied;
(d) the year or years in which the levy is to be imposed;
(e) the amount of the debt, if any, intended to be created in respect of the particular improvement referred to in the schedule.
Effect of lower rate of interest
No local improvement assessment by-law passed by the council shall be invalid by reason of its providing for a lower rate of interest on debentures or for a payment over a longer term of years than that mentioned, if any be so mentioned, in the notice of the council's intention to undertake the work.
Special assessment by-law quashed
Where a debt has been incurred by the city for a local improvement, and after the incurring of the debt the special assessment for the work or improvement or the by-law providing for borrowing money therefor is set aside or quashed, either wholly or in part, the council may cause a new assessment or assessments to be made and may pass a new by-law, as often as may be necessary, to provide funds for the payment of the debt incurred.
Restriction on local improvements
Nothing herein shall be construed as authorizing any assessment to be made or improvement to be undertaken under this Part unless it is initiated in one of the methods set forth under section 362, 363 or 392.1.
On the coming into force of a by-law making a special assessment for a local improvement, the assessment shall continue a charge on the land affected thereby until it is fully paid.
Power to defer special assessment
On the coming into force of a by-law making a special assessment for a local improvement, whether passed before or after the coming into force of this subsection, the council may, by by-law defer or remit, subject to such terms and conditions as may be prescribed in the by-law, the payment of the whole or part of the special assessment in respect of any land benefited by the local improvement where, in the discretion of the council, it is advisable to do so.
Where, under subsection (1), the council defers payment in whole or in part of a special assessment in respect of any land, the city shall forthwith file a notice of the deferment in the Winnipeg Land Titles Office and the district registrar shall enter a memorial of the notice on the certificate of title for the land.
Special charge on real property
Every special assessment made, and every special rate imposed and levied under any of the provisions of this Act, and all sewer rentals and all charges for work done or services rendered by the city on default of the owners of land under the provisions of this Act or of any by-laws, shall form a lien or charge on the land on or in respect of which the work was done or against which the cost thereof has been levied or charged, and shall be collected in the same manner and with like remedies and subject to like penalties for non-payment as ordinary taxes on land are collectable under this Act.
Unaccrued assessments no encumbrance
Unaccrued assessments or levies for local improvements shall not be deemed to be an encumbrance as between vendor and purchaser.
Notwithstanding any local improvement assessment by-law to the contrary, local improvement frontage taxes authorized to be charged against any servient tenement shall be reduced in the same proportion as the value is reduced under and by virtue of the authority contained in Part 7 respecting the assessment of easements and the amount of such reduction shall then be charged and added to the assessment against the dominant tenement in respect of the local improvement.
Local improvement frontage taxes authorized to be charged against any reserved strip which, under the provisions of subsection (1), if not separately assessed, shall not be so charged but shall be charged against the dominant tenements in proportion to the value of the respective easements appurtenant thereto.
LOCAL IMPROVEMENT DISTRICTS
In this section
"district improvements by-law" means a by-law under clause (2)(a); (« arrêté d'amélioration de district »)
"district proposal" means a written proposal to establish a local improvement district and undertake one or more local improvements in the district; (« projet de district »)
"local improvement", in relation to a local improvement district, means a work or service for the benefit of lands within the district that is intended to be paid for by special assessments against all the lands within the district; (« amélioration locale »)
"owner", in relation to any land, means the person whose name appears on the latest revised assessment roll or the current tax roll as the owner of the land. (« propriétaire »)
The council may by by-law
(a) approve a district proposal, thereby
(i) establishing a local improvement district,
(ii) authorizing the undertaking of one or more local improvements in and for the district and approving the estimated cost of those improvements, and
(iii) approving a method of taxation to pay for the improvements;
(b) designate a committee of the council to conduct one or more public hearings under this section;
(c) establish the procedures for giving notice of and conducting public hearings under this section;
(d) after implementing a local improvement, establish the rate of taxation to pay for the improvement, using the method of taxation approved under subclause (a)(iii), and authorize the tax to be levied accordingly.
For the purposes of subclause (2)(a)(iii), the council may approve different methods of taxation for different local improvements within the same district and different methods of taxation for similar improvements in different districts, but the method and rate of taxation for any local improvement shall be uniform for all the lands within the same district.
Entire cost to be paid by local improvement levies
The council shall not pass a district improvements by-law unless the taxation provided for in the by-law is calculated to generate enough revenue to pay the entire cost of the proposed local improvements other than, where work in connection with a proposed improvement is to be carried out outside the district, the portion of the cost of that work that is attributable to lands outside the district.
Initiation of district proposal
A district proposal may be initiated
(a) by the council; or
(b) by way of a petition to the council that
(i) includes all of the information required to be included in a district proposal, and
(ii) is signed by the owners of lands within the proposed local improvement district having a total area greater than 50% of the total area of all lands within the district.
A district proposal shall set out or describe
(a) the boundaries of the proposed local improvement district;
(b) each proposed local improvement;
(c) the estimated cost of each proposed local improvement, including, where work is to be carried out as part of the improvement outside the boundaries of the district for the benefit of lands within the district, the portion of the cost of the work that is attributable to the district;
(d) the lands against which the taxes to pay for the improvements are to be levied; and
(e) the method and estimated rate of taxation to be used in calculating the proposed local improvement levy and the number of years in which it is to be imposed.
Referral to committee for hearing
Each district proposal, whether initiated by the council or by a petition under subsection (5), shall be referred to a committee of council to conduct a public hearing and provide its advice and recommendations to the council, and the committee shall give notice of and conduct the hearing as required by by-law under clause (2)(c).
Action of council after hearing
After considering the advice and recommendations of the committee of council, the council may
(a) decide not to proceed with the district proposal; or
(b) give first reading to a district improvements by-law to approve the proposal, in whole or in part, with or without changes to any of the matters set out in the proposal.
After a district improvements by-law is given first reading and at least 30 days before it is given second reading, the city clerk shall
(a) publish a notice of the proposed by-law in at least one newspaper having general circulation in the city; and
(b) by registered mail, send a notice of the proposed by-law to each owner of land within the proposed district.
A notice under subsection (9) shall
(a) include a copy or summary of the district proposal with any amendments that were made under subsection (8); and
(b) set out
(i) the owner's right to object to the proposal,
(ii) how to obtain a form of notice of objection, and
(iii) the date by which a notice of objection must be filed, which shall be at least 30 days after the day the notice under subsection (9) is published or sent.
An owner may object to a district proposal by completing and filing a notice of objection with the city treasurer on or before the date specified in the notice under subsection (9).
Contents of notice of objection
A notice of objection under subsection (11) shall be in a form approved by the city treasurer and shall
(a) state the name and address of the owner making the objection;
(b) identify the district proposal in respect of which the objection is made; and
(c) identify the lands in the proposed district in respect of which the person is an owner.
If owners of land within a proposed local improvement district having a total area greater than 50% of the total area of all lands within the district object under subsection (11) to the district proposal, the council shall not approve or proceed with the proposal and shall not approve or proceed with a similar proposal for a period of two years after the date of the notice under subsection (9).
Sufficiency of petition or objection
The sufficiency of a petition under subsection (5) or of objections made under subsection (11) shall be determined by the city treasurer, whose determination is final.
In determining the sufficiency of a petition or of objections, if the city owns land within a proposed local improvement district, the city shall be regarded as an owner who is entitled to petition for or object against the establishment of the district, but has refrained from doing so.
Sections 344, 345, subsection 346(1), sections 362 to 365, 370 to 376, 378 and 380 do not apply to the creation of a local improvement district, the undertaking of local improvements under this section or the levying of taxes to pay for the improvements, and the cost of a local improvement under this section shall not be taken into account in determining the rate or method of taxation in respect of any other local improvement under this Part.
Application of other provisions
Except as otherwise provided in subsection (16), the other provisions of this Part apply, with necessary modifications, to local improvements under this section.
S.M. 1996, c. 48, s. 4; S.M. 1998, c. 37, s. 56.
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