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HAMIOTA MUNICIPALITY
Policies and Procedures
Policy Number: 200.5 Section: Public Works
Subject: Private Works
Passed by Resolution of Council: #5 - April 20, 2016
BACKGROUND
The council of the Hamiota Municipality has had situations where works undertaken by the
Municipality or at the request of a private landowner has caused improvements to private
property. In some cases it is the opinion of Council that such improvements should be at
the cost of the landowner. Council agrees that such improvements and details for handling
them should be identified prior to any work being commenced. Section 250(2) allows as
follows:
250(2) without limiting the generality of subsection (1), a municipality may for municipal
purposes do the following:
(e) Use municipal equipment, materials and labor to carry out private works on private
property.
POLICY/PROCEDURE
1. Where a registered landowner requests works to be undertaken by the Municipality
either by the Public Works department or by a private contractor on behalf of the
Municipality, the request shall be in writing to Council. A quotation for the goods or
service would be provided and the ratepayer or organization would then authorize it.
2. The Hamiota Municipality will not undertake any private works that are deemed to be in
direct competition with local and available private contractors.
3. If in council's opinion, work being undertaken by the Municipality or being requested by
a registered landowner is an improvement to private property the affected registered
landowners shall be notified in writing of the Municipality's intentions, the proposed
improvements, actual cost to the registered landowner(s), terms of payment and the
timeframes for the work to be undertaken. It is understood that an improvement does
not have to be wholly contained on a specific private property to be deemed an
improvement.
4. Upon written confirmation from the registered landowner that they understand the
proposed works and accept their portion of the cost the council would then direct the
works be undertaken.
a. The contractor hired by the municipality would have to view the site and come up
with a quote as per the specifications of the ratepayer.
i. costs - depending on types, widths, time, etc.
5. All costs to registered landowners due to improvements that were not paid, after written
agreement was obtained, would be added to the affected land property tax.
6. This policy does not apply to the installation of private access; in a general
development zone within the former urban boundary
7. The type of method of construction used on the access shall be at the discretion of the
Public Works Department.
8. A registered landowner requesting access to their property must submit a completed
Request for Access Form to the office in order that the work may be approved and
coordinated with Public Works.
a. minimum width of approach is 30 feet
9. Any work on an access requested by the landowner will be undertaken as custom work
at the landowners cost.
10. Fill material can be provided by the ratepayer or by the municipality purchased by the
ratepayer. Culverts and Geo textile used in municipal right of way must be purchased
from the municipality, no exceptions.