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78 TH ANNUAL MMAA CONFERENCE

78 TH ANNUAL MMAA CONFERENCE. LOCAL IMPROVEMENT PLAN. LOCAL IMPROVEMENT PLAN. LEGISLATION Municipal Act – sections 310 to 325 Procedure manual – Part 10. LOCAL IMPROVEMENT PLAN. How many never involved in Local Improvement? WHY CONSIDER A LOCAL IMPROVEMENT PLAN FOR A PROJECT?

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78 TH ANNUAL MMAA CONFERENCE

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  1. 78TH ANNUAL MMAA CONFERENCE LOCAL IMPROVEMENT PLAN

  2. LOCAL IMPROVEMENT PLAN LEGISLATION • Municipal Act – sections 310 to 325 • Procedure manual – Part 10

  3. LOCAL IMPROVEMENT PLAN How many never involved in Local Improvement? • WHY CONSIDER A LOCAL IMPROVEMENT PLAN FOR A PROJECT? • Otherwise exempt properties (option per 316(4) MA) • Charge selected properties • BORROWING FOR LOCAL IMPROVEMENT • Borrowing rates low at this time • Part of 5-year capital program • Match Provincial/Federal funding

  4. LOCAL IMPROVEMENT PLAN PROJECTS BY LOCAL IMPROVEMENT • Section 311 • Sewer and water project • Waste management facilities • Highways • Drainage systems • Any other project the cost of which includes a capital component • Undertaken by by-law per section 311 Municipal Act

  5. LOCAL IMPROVEMENT PLAN WHO INITIATES A LOCAL IMPROVEMENT? • Council (after petition or individual request) • Local Urban District committee • Petition of 2/3 of potential taxpayers in proposal • Resolution to proceed prior to drafting by-law

  6. LOCAL IMPROVEMENT PLAN PREPARATION OF LOCAL IMPROVEMENT PLAN CONTENT OF PLAN per 315(1) of Municipal Act • DESCRIBE LOCAL IMPROVEMENT • IDENTIFY LOCAL IMPROVEMENT DISTRICT • IDENTIFY POTENTIAL TAXPAYERS • STATE METHOD AND RATE TO CALCULATE TAX • STATE ESTIMATED COST OF IMPROVEMENT • IDENTIFY SOURCES OF FUNDING • STATE ESTIMATED BORROWING • STATE FUNDING OF ANNUAL MAINTENANCE

  7. LOCAL IMPROVEMENT PLAN • DESCRIBE THE PROPOSED LOCAL IMPROVEMENT • General purpose of proposed service or detailed description per court decision? • Courts ruled RM did not follow mandatory requirements of the Act-very little detail? • Matter of interpretation?

  8. LOCAL IMPROVEMENT PLAN 2. IDENTIFY THE LOCAL IMPROVEMENT DISTRICT OR THE LANDS OR BUSINESSES IN RESPECT OF WHICH THE LOCAL IMPROVEMENT TAX IS TO BE IMPOSED • Can you pick and choose properties? • Justify to potential taxpayers and possibly Municipal Board (courts) • Contribution by whole municipality (Section 315 (3)

  9. LOCAL IMPROVEMENT PLAN 3. IDENTIFY POTENTIAL TAXPAYERS • Name • Roll Number • Legal Description • Definition of Potential Taxpayer (Section 310 – Municipal Act) • Change of ownership/address

  10. LOCAL IMPROVEMENT PLAN 4. METHOD AND RATE TO BE USED FOR CALCULATING THE PROPOSED LOCAL IMPROVEMENT TAX, NUMBER OF YEARS TO BE IMPOSED, PREPAYMENT PROPOSAL • Assessment • Annual Rental • Land only • Business • Per parcel • Combination of the above • Prepayment on all except assessment

  11. LOCAL IMPROVEMENT PLAN 5. STATE ESTIMATED COST OF LOCAL IMPROVEMENT AND PERIOD OF YEARS TO BE IMPOSED • Cost includes all capital costs, including lands, professional fees, amount required to pay debt, cost of financing and other expenses • Court required very detailed costs

  12. LOCAL IMPROVEMENT PLAN 6. IDENTIFY SOURCE OF FUNDING • Borrowing • Grants • Cost share with other local authorities • Municipality at large • Reserve funds • Private funding • Fees • Others?

  13. LOCAL IMPROVEMENT PLAN 7. AMOUNT TO BE BORROWED, RATE OF INTEREST, TERMS OF PAYMENTS • Rates from local banks • Rates from Intergovernmental Affairs

  14. LOCAL IMPROVEMENT PLAN 8. HOW IS ANNUAL OPERATION OR MAINTENANCE OF THE LOCAL IMPROVEMENT TO BE FUNDED? • Legislation provides “State how the annual operation or maintenance of the Local Improvement is to be funded”. 2/3 vs 1/3 • Municipality will allocate funds in annual General Operating fund for maintenance

  15. LOCAL IMPROVEMENT PLAN NOTICE OF PLAN AND PUBLIC HEARING • Notice must be sent by regular mail at least 21 days before hearing • Check change of ownership and addresses • Railway by registered mail • Consider open house/public meetings before public hearing • Public notices only (if all potential taxpayers)

  16. LOCAL IMPROVEMENT PLAN OBJECTION TO PLAN • 319(1) Potential taxpayer may object to plan by filing notice of objection with CAO before the public hearing • Importance of this list

  17. LOCAL IMPROVEMENT PLAN CONTENT OF PUBLIC NOTICE • Name/address of objector • Identify local improvement • Identify business or property • State grounds for objections

  18. LOCAL IMPROVEMENT PLAN FOLLOWING PUBLIC HEARING • NO objections or less than 2/3 • Objection by more than 2/3 • Objection by 25 or 10 – Board must hold hearing • Bby-law first reading • By-law to Municipal Board (Wendy Wolfe at IGA) • Waiting period – 3 TO 6 months

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