1072. Every by-law ordering a loan must also provide, in accordance with the following rules, for the expense incurred for interest and for the establishment of a sinking-fund.
The sinking-fund may be established either by means of a special tax imposed by the by-law and levied annually, until the extinction of the debt, on all taxable immovables in the territory of the municipality or only on those the owners of which are bound to contribute to the repayment of such a loan, or by setting aside each year for that purpose a portion of the general revenues of the municipality. In either case, the amount paid each year into the sinking-fund must be sufficient to yield, with compound interest at a rate of 3.5 % per annum, the capital to be paid at maturity.
The sum necessary to provide for expense incurred for interest may likewise be taken from the general revenues or levied annually by means of a special tax imposed by the by-law on the immovables referred to in the second paragraph.
Nevertheless, no municipality may, to provide for expense incurred for interest and establish the sinking-fund, use more than one-half of the ordinary revenues from the general taxes it is empowered to impose under articles 989 and following and from the business tax or the surtax or tax on non-residential immovables it is empowered to impose under the Act respecting municipal taxation (chapter F-2.1), and the excess it may need for such purposes must be levied by means of a special tax on immovables.
The sinking-fund must be collected each year, and invested according to the by-laws; and the members of the council are personally and jointly and severally responsible for the collection and investment of such fund.
The annual tax may be levied from the coming into force of the by-law. Until the bonds are issued or until the loan is contracted, the tax may be levied at a rate sufficient to pay incidental charges in respect of the loan and its object, including interest on temporary loans.
Only a local municipality may impose a tax under this article.
M.C. 1916, a. 766; 1930, c. 103, s. 19; 1984, c. 38, s. 81; 1992, c. 27, s. 55; 1994, c. 30, s. 96; 1996, c. 2, s. 435; 1999, c. 90, s. 8.