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Home My Public Portal AboutWater Supply Upgrade Lending Program_By-Law 148_Effective 2018-08-01The Municipality of Chester Office of the CAO and Municipal Clerk 151 King St, PO Box 369 Chester, NS BOJ 1JO Phone: (902) 275-3554 Fax: (902) 275-4771 www.chester.ca (� /ChesterMunicipality uchestermun THE MUNICIPALITY OF I, Pamela M. Myra, Municipal Clerk of the Municipality of the District of Chester do hereby certify that the following is a true copy of the Water Supply Upgrade Lending Program By - Law #148 adopted effective August 1, 2018. Given under the hand and seal of the Municipality of the District of Chester this 1St day of August 2018. PamelaM Municipal Myr Clerk Municipality of the District of Chester lv UnRrade Lendin GENERAL Program By -Law 148 (continued MUNICIPALITY OF THE DISTRICT OF CHESTER WATER SUPPLY UPGRADE LENDING PROGRAM BY-LAW BY-LAW 148 sppy ppptp. Sections 65 (acb) and 81A(1) (b) of the Municipal GovernmentAct permits the Municipality of the District of Chester to provide financing to eligible property owners for improving the ulof otable water to roerties within he Municiality Eligible properties include single or two -unit residential properties and properties owned by not-for-profit organizations within the Municipality. Owners of such properties are more likely to benefit from access to low-cost financing for improvements to a potable water supply. c Eligible Water Supply Upgrades include the construction of a new dug or drilled well, or an upgrade to an existing well required to source potable water for the property; the installation of equipment such as a well pump, a water line, and an electrical connection to support the function of a new or upgraded well; and other equipment, such as cisterns and ontainers, to improve the supply, use, and conservation of potable water. Administrative and operational details in support of this By -Law are provided in the Water Supply upgracte Lending Program Financing Agreement and its Appendices. DEFINITIONS 2.1 CAO means the Chief Administrative Officer for the Municipality, or her/his designate. 2.2 Contractor means an insured person or corporation licensed by the Department of Environment and retained by the Qualifying Property Owner to complete the Water Supply Upgrade. 2.3 Director of Finance means the Director of Finance &Treasurer for the Municipality, or her/his designate. 2A Financing Agreement means the Water Supply Upgrade Lending Program Financing Agreement, the written, signed agreement between the owner of a Notice of Intention to Adopt —Committee of the Whole —June 21, 2018 (2018-271) First Reading of Council —Council —June 21, 2018 (2018-274) Second Reading of Council —Council —July 26, 2018 (2018-311) Effective Date — August 1, 2018 (LighthouseNOW Progress Bulletin) Water Supply Upgrade LendinR_Proiram By -Law 148 (continued) Pate 3 of 8 Qualifying Property and the Municipality for financing of a Water Supply Upgrade. (See Water Supply Upgrade Lending Program -Financing Agreement.) 2.5 Maximum Eligible Amount means the lend to a Qualifying Property Owner for of the District of Chester's maximum eli ($10,000.00). maximum amount that the Municipality will a Water Supply Upgrade. The Municipality gible amount is ten thousand dollars 2.6 Municipality means the Municipality of the District of Chester, and includes its employees, agents, or designated third party contractor. 2.7 Qualifying Property means an existing, already developed, owner -occupied single unit or two -unit residential property, or a building owned by not-for-profit organizations, located within the Municipality that meets the eligibility criteria for participation in the Water Supply Upgrade Lending Program. Multi -unit residential buildings with more than two units, new construction, and business/industrial premises are not eligible for this Program. 2.8 Qualifying Property Owner means the individual, individuals, or entity in possession of the title for the Qualifying Property. The Qualifying Property Owner may be responsible for paying taxes in relation to the Qualifying Property. 2.9 Water Supply Upgrade means the construction of a new dug or drilled well, or an upgrade to an existing well required to source potable water for the property; the installation of equipment such as a well pump, a water line, and an electrical connection to support the function of a new or upgraded well; and other equipment, such as cisterns and containers, to improve the supply, use, and conservation of potable water as required for the Water Supply Upgrade. 2.10 Water Supply Upgrade Lending Program or Program means a program established by the Municipality under which Qualifying Property Owners may obtain financing for construction of a Water U11 of the Financing Agreement. Supply Upgrades under the terms and 2.11 Water Supply Upgrade Loan means the local improvement charge levied on the Qualifying Property pursuant to section 81A of the Municipal GovernmentAct and is equal to the value of the approved Water Eligible Amount ADMINISTRATION. Supply Upgrade up to the Maximum Notice of Intention to Adopt —Committee of the Whole —June 21, 2018 (2018-271) First Reading of Council —Council —June 21, 2018 (2018-274) Second Reading of Council —Council —July 26, 2018 (2018-311) Effective Date — August 1, 2018 (LighthouseNOW Progress Bulletin) Water Supply Upgrade Lending Program By 3.1 A Qualifying Property Owner may apply to the Municipality for financing Supply Upgrade to a Qualifying Property within the Municipality. (See Supply Upgrade Lending Program -Registration Form and Checkl ist.) of a Water Water 3.2 Lending shall be subject to the approval and agreement in writing of the CAO on behalf of the Municipality, which shall be subject to the execution of a Financing Agreement and the following conditions: 3.2.1 the Qualifying Property Owner is not in default of any municipal taxes, rates or charges, and has not been so for up to the past two years, the proposed Water Supply Upgrade must comply with applicable provincial and/or federal regulations; 3.2.3 the proposed Contractor must have a valid Department of Environment license to carry out a Water Supply Upgrade; 3.2.4 compliance with other conditions as indicated in the Financing Agreement; and 3.2.5 an affidavit signed by the Qualifying Property Owner that certifies, through a series of statements outlining the Qualifying Property's potable water issues, that the Water Supply Upgrade is necessary. 3.3 The Water Supply Upgrade Loan may consist of: 3.3.1 the cost of the Water Supply Upgrade and all associated labour costs, permit fees, and applicable taxes; 3.3.2 interest charges, including any additional interest arising due to any default of payment. 3.4 The Water Supply Upgrade Loan is provided for the benefit of the Qualifying Property Owner in the form of the Municipality paying all eligible Contractor invoices for completed workup to the Maximum Eligible Amount. The Qualifying Property Owner will sign the Contractor's invoices and submit them to the Municipality for payment. As the Municipality pays the Water Supply Upgrade invoices, the resulting loan amount advanced to date is a lien against the Qualifying Property. Notice of Intention to Adopt —Committee of the Whole —June 21, 2018 (2018-271) First Reading of Council —Council —June 21, 2018 (2018-274) Second Reading of Council —Council —July 26, 2018 (2018-311) Effective Date — August 1, 2018 (LighthouseNOW Progress Bulletin) Water_SU lv U continued 3.5 Interest shall begin accruing on any approved Water Supply Upgrade invoice paid by the Municipality thirty (30) days from the date that the Municipality paid that invoice. 3.6 The Water Supply Upgrade Loan shall become payable on the completion of the contract for the installation of the Water Supply Upgrade in accordance with the Financing Agreement and on the CAO's receipt of the dated and signed Certificate of Completion. (See Water Supply Upgrade Lending Program -Certificate of Completion) 3.7 The Qualifying Property Owner will make equal monthly or annual payments of the principal over a maximum period of 10 years to repay the outstanding Water Supply Upgrade Loan, on which interest shall be payable as set out in the Financing Agreement. 3.8 The Municipality shall not be responsible for ongoing maintenance and operating costs of the Water Supply Upgrade. The Water Supply Upgrade is owned and maintained by the Qualifying Property. 3.9 The Director of Finance shall maintain a separate account of all monies due for the Water Supply Upgrade Loan, identifying the following for the Qualifying Property: 3.9.1 the names of the property owners, assessment account number, PID, and civic addresses; 3.9.2 the original amount of the Water Supply Upgrade Loan advanced; 3.9.3 the scheduled amounts paid to the Municipality to repay the Water Supply Upgrade Loan, with principal and interest paid clearly distinguished; and 3.9.4 an annual statement of account on the anniversary date of the Water Supply Upgrade Loan, showing the principal balance owing at the end of the previous year, total amount paid during the year, amount of interest included in the payments, and the balance of the principal owing at the end of the year. 4.0 LIEN 4.1 The Water Supply Upgrade Loan advanced in the form of the Municipality paying the Contractor's invoices when submitted for payment shall become a lien levied on Notice of Intention to Adopt —Committee of the Whole —June 21, 2018 (2018-271) First Reading of Council —Council —June 21, 2018 (2018-274) Second Reading of Council — Council — July 26, 2018 (2018-311) Effective Date — August 1, 2018 (LighthouseNOW Progress Bulletin) Water Supply Upgrade Lending Program By -Law 148 (continued] Page 6 of 8 the Qualifying Property in accordance with the Municipal GovernmentAct. 4.2 The Water Supply Upgrade Loan advanced pursuant to this By -Law constitutes a first lien on the property and has the same effect as rates and taxes under the Assessment Act. 4.3 The lien provided for in this By -Law shall become effective on the date the Municipality pays any Contractor invoice for any portion of the approved Water Supply Upgrade costs. 4.4 The lien provided for in this By -Law shall remain in effect until the total Water Supply Upgrade Loan, including any accrued interest and administrative charges, has been paid in full. 4.5 In the event of default, the Water Supply Upgrade Loan will be collected the in the same way as overdue taxes in accordance with the Municipality's Policy P -001 -Tax Sale Policy and the Municipal GovernmentAct. 4.6 In the event the Qualifying Property is transferred to a new owner, the lien is transferred to the new owner along with the property. At this time, the new Qualifying Property Owner shall continue to be liable to the Municipality for all Qualifying Property Owner obligations and liabilities as set out in the Financing Agreement unless a lump sum payment representing the outstanding balance of the Water Supply Upgrade Loan plus accrued interest and any applicable charges is received by the Municipality at the time of the sale. 5.0 INTEREST 5.1 Interest shall begin accruing on any portion of the Water Supply Upgrade Loan thirLY (30) days from the date that the Municipality pays the Contractor invoice for that portion. 5.2 Interest is payable at ScotiaION ank's prime interest rate at the effective date of the Financing Agreement on the amount of the Water Supply Upgrade Loan deemed outstanding. Notice of Intention to Adopt — Commifitee of the Whole —June 21, 2018 (2018-271) First Reading of Council —Council —June 21, 2018 (2018-274) Second Reading of Council —Council —July 26, 2018 (2018-311) Effective Date — August 1, 2018 (LighthouseNOW Progress Bulletin) Lending Program By -Law 148 (continued III Ila Annotation for Official By -Law Book Date of First Reading June 21, 2018 (2018111111271/274) July 4, 2018 Date of advertisement of Notice of Intent to Consider LighthouseNOW Progress Bulletin Date of Second Reading July 26, 2018 (2018-311) August 1, 2018 Date of advertisement of passage of By -Law * LighthouseNOW Progress Bulletin Date of mailing to Minister a certified copy of By -Law August 1, 2018 I certify that this Water Supply Upgrade Lending Program By -Law 148 was adopted by Council and published as indicated above 4 c s 0 August 1, 2018 P. M. Myra, nici 1 Clerk Date *Effective Date of the By -Law unless otherwise specified in the text of the By -Law + 1 � Notice of Intention to Adopt —Committee of the Whole —June 21, 2018 (2018-271) First Reading of Council —Council —June 21, 2018 (2018-274) Second Reading of Council —Council —July 26, 2018 (2018-311) Effective Date — Auaust 1, 2018 (LiahthouseNOW Proaress Bulletin) Water Sunni i I ESTE ntinued N07'ICE REGARDING ,AW ADOPTION Tame E�lotice that +��iester E�[unicipal council conducted Becond anti l`iraal E�eading for consideration of the adoption of the By -Laver noted beloiiv on July 20, 2018 as Howse B�-Law 1 - water BupR� ifpgrado Adoption cif tftis By-1.4Mw will perrni# tie Municipality Lending Program 8y -Law of the District of Chester to provide financing to etigihlo property owners for improving the supply of potable water to properties within the Nlunicipa[4 as per Sections 65 (acb) and 81 A(1 )(b) of the Municipal Government Act, Take notice Haat copies oaf B�f-Laws raaa�r be revie�red be�►veen the hours of 8:30 a.rn. Cand 4r p,r j i. at the AdrTainistI lull office of the I llunicipCEity %J the District of Chester, 1 }ding Btreet, Chester Or ort the N9ur�icipality's website at ww.chester.ca or by contacting the undersigned at (002) 275-3554 or vi �ra email at pinyra@ ch ester. ca Pamela M. Myraf�lunicipal Olerk I, Pamela M. Myra, Municipal Clerk of the Municipality of the District of Chester do hereby certify that the above is a true copy of an advertisement duly advertised in the LighthouseNOW Progress Bulletin on August 1, 2018M , Given under the h nd of the Municipal Clerk and under the corporate seal of the said Municipality this 1St day of August 2018., J Ik 1 9 i 1 Pamela MU Myr Municipal Cler, Notice of Intention to Adopt —Committee of the Whole —June 21, 2018 (2018-271) First Reading of Council —Council —June 21, 2018 (2018-274) Second Reading of Council — Council — July 26, 2018 (2018-311) Effective Date — Auaust 1, 2018 (LiahthouseNOW Proaress Bulletin)