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2006-045 To Enter into a Water Service Connection Agreement between the Corporation of The Township of Oro-Medonte and Mr. Michael Kearns THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE BY-LAW NO. 2006-045 A By-law to Enter into a Water Service Connection Agreement between The Corporation of the Township of Oro-Medonte and Mr. Michael Kearns WHEREAS the Municipal Act, S.O., 2001, c.25, Section 11, authorizes the Council of a Municipality to pass a by-law respecting water distribution; AND WHEREAS the Applicants have requested permission from the Municipality to connect to a municipal water system (Robincrest); AND WHEREAS the Municipality is prepared to grant permission to connect to a municipal water system (Robincrest) upon certain terms and conditions; I 'I I I ! NOW THEREFORE the Council of the Township of Oro-Medonte hereby enacts as follows: I: 1. That the Mayor and Clerk be authorized to execute the Water Service Connection Agreement, shown as Schedule "A" attached hereto and forming part of this By- law. 2. That this By-law shall come into full force and effect on its final passing thereof. Ii II I: ]I II Ii ii 11 Ii , II " II Ii , ! i BY-LAW READ A FIRST AND SECOND TIME THIS 3RD DAY OF MAY, 2006. BY-LAW READ A THIRD TIME AND FINALLY PASSED THIS 3RD DAY OF MAY, 2006. THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE ~,)1~ ~ yor, J. Neil Craig Ii I I , <:: " Ii " I: Ii , , , I, i! i: ii Ii , , . Ii " ii Schedule "A" to By-Law No. 2006-045 THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE WATER SERVICE CONNECTION AGREEMENT THIS Agreement made, in triplicate. this 3rd day of May ,2006. BETWEEN: MICHAEL KEARNS Hereinafter referred to as the "Registered Owner" - and- THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE Hereinafter referred to as the "Municipality" A description of the land affected by this Agreement is as follows: Concession 9, Part Lot 15 Reg. Plan 51 R-32591, Part 1 Roll #4346-020-005-11110-0000 The Municipality has entered into this Agreement on the3rd day of May .2006. The Registered Owner agrees to comply with all the terms and conditions as set out in the Corporation of the Township of Oro-Medonte By-law No. 2004-024, being a By-law to amend By-law No. 2003-025 (a By-law to regulate Municipal Water Systems within the Township of Oro-Medonte); and Schedule "J", Water Rates and Fee Schedule, of By-law No. 2005-043, being a By-law to provide for the imposition of fees or charges, attached hereto. The Registered Owner acknowledges and agrees that the Township of Oro-Medonte does not guarantee water pressure and that either now or in the future, the Registered Owner may be required to install and maintain equipment to satisfy pressure. THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE " I 'I ..1 CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE BY -LAW NO. 2004-024 Being a By-law to Amend By-law No. 2003-02S, a By-law to Regulate Municipal Water Systems within the Township of Oro-Medonte WHEREAS Council of the Township of Oro-Medonte did, on the 18th day of June, 2003, enact By-law No. 2003-025 to regulate municipal water systems within the Township of Oro-Medonte; AND WHEREAS Council of the Corporation of the Township of Oro-Medonte deems it desirable and necessary to amend By-law No. 2003-025; AND WHEREAS By-law No. 2003-025 deems that watering of lawns or gardens, or the filling of swimming pools, are not deemed to be domestic uses under the terms of the By-law; AND WHEREAS By-law No. 2003-025 authorizes the Director of Engineering and Environmental Services to take all such action, as may be necessary, to immediately terminate the supply of water to any property served by the Municipal Water System; NOW THEREFORE the Council of the Township of Oro-Medonte enacts as follows: 1. THAT Section 4 of By-law No. 2003-025 be amended by adding the following: "4.5 No person shall, from a Municipal Water System, water or sprinkle, or cause or permit the watering or sprinkling of any lawn, garden, tree, shrub or other outdoor plant, or fill swirnming pools, in the Township of Oro- Medonte through a hose or other attachment except between the hours of 7:00 p.m. - 11 :00 p.m. subject to the following: a) Owners or tenants of properties with a municipal address with an even number are permitted to water lawns and gardens, or fill swimming pools within the designated times, on even-numbered days of the month; b) Owners or tenants of properties with a municipal address with an odd number are permitted to water lawns and gardens, or fill swimming pools within the designated times, on odd-numbered days of the month; c) Owners of newly seeded and/or sodded lawns, upon proof of installation and subject to the approval of the Director of Engineering and Environmental Services or his designate, may be permitted to water their lawn for fourteen (14) consecutive days regardless of the day designated under these water restrictions; d) Owners of properties which have been sprayed for insects, upon proof of such spraying and subject to the approval of the Director of Engineering and Environmental Services or his designate, may be permitted to water their lawn for seven (7) consecutive days regardless of the day designated under these water restrictions. 4.6 No person shall use water for lawn watering or any other similar purpose when a total water ban order is in effect. 4.7 A total water ban order issued by the Township to suspend lawn watering or other similar purpose shall remain in effect until it has been revoked by the Director of Engineering and Environmental Services or his designate." - >, I . ~ "i I 2. THAT this By-law shall come into force and take effect on its final passing thereof. By-law read a first and second time this 17th day of March 2004. By-law read a third time and finally passed this 17th day of March 2004. THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE #:-~~ Ma 'r, J. eil Craig . ,: II , THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE BY-LAW NO. 2005-043 A By-law of The Corporation of the Township of Oro-Medonte to provide for the imposition of fees or charges WHEREAS Part XII, Section 391 of the Municipal Act, 2001, S.O. 2001, c. 25, as amended, permits a municipality to pass by-laws imposing fees or charges on any class of persons, for services or activities provided or done by or on behalf of it; for costs payable by it for services or activities provided or done by or on behalf of any other municipality or local board; and for the use of its property including property under its control; AND WHEREAS Section 11 of the Municipal Act, 2001, S.O. 2001, c. 25, as amended, provides that a municipality may pass by-laws respecting water production, treatment and storage; AND WHEREAS Section 11 of the Municipal Act, 2001, S.O. 2001, c. 25, as amended, provides that a municipality may pass by-laws respecting matters relating to waste management; AND WHEREAS the Council of The Corporation of the Township of Oro-Medonte deems it necessary to levy waste management charges to finance the annual estimates for waste management for the year 2004; AND WHEREAS Section 11 of the Municipal Act, 2001, SO. 2001, c.25, as amended, provides that a municipality may pass by-laws respecting sewage treatment; AND WHEREAS The Corporation of the Township of Oro-Medonte operates and maintains communal tile beds hereinafter referred to as the "sewage works"; AND WHEREAS the Council of The Corporation of the Township of Oro-Medonte deems it necessary to impose a sewer service charge upon those lands that derive a benefit from the sewage works; AND WHEREAS Section 398 at trle Municipal Act, 2001, S,O, 2001, c, 25, as amended, provides the Treasurer of a local municipality may add charges imposed by the municipality under Part XII of the said Act to the tax roll for the property to which the public utility was supplied and collect them in the same manner as municipal taxes; AND WHEREAS Section 69 of the Planning Act, R.S.O., 1990, c.P.13, as amended, provides that a municipality may establish a tariff of fees for the processing of applications; AND WHEREAS Section 50 of the Condominium Act, R.S.O. 1990, c.C.26, as amended, provides that a municipality may establish a tariff of fees for the processing of applications; AND WHEREAS Section 7 of the Building Code Act, 1992, S.O. 1992, c.23, as amended, authorizes a municipal Council to pass by-laws concerning the issuance of permits and related matters; AND WHEREAS Section 5(0.1) of the Fire Protection and Prevention Act, 1997, S.O. 1997, cA, as amended, authorizes a municipality to establish, maintain and operate a fire department for all or any part of the municipality. NOW THEREFORE the Council of The Corporation of the Township of Oro-Medonte enacts as follows: II "I I I . II " 'I 'I " !I I' II 1 I I I I I I I d 'I II II II 'I I' 2. , , , I , , , I I i , , i J 1. That this By-law be known as the "Fees and Charges By-law". That the following Schedules, attached hereto, form part of this By-law: Schedule A Administration Schedule B Building Schedule C Fire Schedule D Parks and Recreation Schedule E Planning Schedule F Public Works Schedule G Sewer Service Charges Schedule H Treasury Schedule I Waste Management Charges Schedule J Water Rates 3. That Appendix "1" attached hereto lists services and fees imposed under separate by-laws, Acts, Ontario Regulations. 4. Any person desirous of using those services or property of the Township of Oro- Medonte described in Schedules "A" to and including "J" shall pay the fee set out opposite the description or name of the particular service or property, as shown in Schedules "A" to and including "J". 5. Despite the provision of Section 4, Council or its delegated authority may, in its discretion upon application to it, waive or reduce the fees set out in Schedules "A" to and including "J" for any person, on a one time or on a continuing basis. 6. All fees payable under this by-law shall be payable in advance of providing the service except for: a) emergency services; b) actions taken by the Township of Oro-Medonte to rectify failures or by-law infractions on the part of a resident; c) specific fees prescribed in Schedule "E" (Planning) to this by-law; in which case the fee payable will be in arrears and invoiced subsequent to the service or activity provided. 7. If for any reason fees owing under this by-law remain unpaid after 30 days, same shall bear interest at the rate of 1 ,25% per month until paid in full. In addition to any interest owing, each payment that is not paid when due, shall bear an administrative penalty of $25.00. 8. Where a deposit is required under this by-law for services rendered by the Township, and actual costs exceed the deposited amount, such costs shall be deemed to be fees owing under this by-law and Section 7 of this by-law shall pertain to such outstanding costs. 9. Any fees that are owing to the Township of Oro-Medonte and that are unpaid are a debt to the Township of Oro-Medonte and, together with all interest and penalties accrued thereupon, may be collected by the Township of Oro-Medonte by action or may be collected by the Township of Oro-Medonte on its behalf or may be collected in like manner as taxes. 'I I ",I II I Ii " . II I, I' II I! II I, II II I I I I ! I I I ,I " Ii Ii Ii II II 10. Should any Section, subsection, clause, paragraph or provision of this By-law, including any part of the Schedules to this By-law, be declared by a court of competent jurisdiction to be invalid, the same shall not affect the validity of the By-law as a whole or any part thereof, other than the provision or part of the Schedule so declared to be invalid. 11. That By-laws No. 97-66, 98-84, 98-96, 98-102, 99-04, 99-70, 99-78, 2002-136, 2003-30, 2004-32, 2004-033, 2004-077 are hereby repealed in their entirety. 12. Any other By-law or part thereof inconsistent with the provisions of this By-law is hereby repealed. 13. That this By-law shall take effect and come into force on the day of its final passing, Read a first and second time this 4th day of May, 2005. Read a third time and finally passed this 4th day of May, 2005. THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE ~.I1.;J ~ , Ma~ r, J. ~~il Craig i I I tI II :i II Ii " II I I , ! , ! , i ! , I, I' II II I! e I I II I I ! I I SCHEDULE 'J' TO BY-LAW NO. 2005-043 WATER 1. DEFINITIONS For the purpose of this Schedule, 1.1. "Municipal Water Area" shall mean a subdivision within The Corporation of the Township of Oro-Medonte. 1.2. "Municipal Water Systems" shall include all water works established within the present Township of Oro-Medonte, and shall further include any present or future extensions to the water works under any Act or under an agreement between the Township or its predecessors, but shall not include any private water works which have not been acquired, established, maintained or operated by the Township or its predecessors; 1.3. "Owner" shall mean the assessed owner(s) as identified on the Assessment Roll for taxation purposes during the current year, as amended. 1.4. "Treasurer" shall mean the Treasurer of The Corporation of the Township of Oro-Medonte. 1.5. "Unit" shall mean an assessed or assessable unit within a residential, commercial or industrial building, and shall include an apartment located within a single family dwelling which is serviced by the Township Water System, as permitted under the applicable Zoning By-law. 1.6. "Water Works" means any works for the collection, production, treatment, storage, supply and distribution of water, or any part of such works, but does not include plumbing or other works to which the Ontario Building Code Act and its regulations apply. 2 WATER CHARGES, BILLING AND COLLECTION 2.1. As soon as the water connection installation is approved by the Township Inspector, he shall forthwith turn the water on for owner. The owner will then be charged at the appropriate water rate, as per Schedule 'J'. 2.2. At the end of September each year, the duly authorized employee shall read, or cause to be read, all meters connected to the Municipal Water System to determine the amount of water used during the year. 2.3. The Treasurer shall calculate water charges to be assessed against each unit in a Municipal Water Area, in accordance with the minimum quarterly charge and rates per cubic meter as set out in Schedule 'J'. 2.4. The Treasurer shall, for each calendar quarter, issue bills to each unit based on the applicable water charges. Water bills shall be due and payable not less that twenty-one (21) days from the date of mailing. 2.5. Water payments shall be payable to The Corporation of the Township of Oro- Medonte and may be paid during office hours in person or by mail at the Oro- Medonte Administration Office, 148 Line 7 South, Box 100, Oro, On LOL 2XO, or at most financial institutions, Water payments made at a financial institution shall deemed to be paid on the date shown by the Teller's stamp on the bill stub. The Township shall not be responsible for any applicable service charge payable to the bank. Cheques only can be dropped at the drop boxes located at the Administration Office and Moonstone Fire Hall. Schedule 'J' - Water (cont'd) 2.6. The Treasurer shall impose a ten (10) percent late charge on all unpaid accounts on the day after the due date. 2.7. If an account remains unpaid, the Township may collect amounts payable pursuant to Section 398 of the Municipal Act, 2001, C. 25, as amended. WATER RATES: METERED: RESIDENTIAL OR COMMERCIAL SHANTY BAY - M-66, M-71, M-696 Based on twelve (12) month period Minimum Rate Up to 365 Cubic Meters Based on a three (3) month period Minimum Rate Up to 90 Cubic Meters HARBOURWOOD - M-118 Based on twelve (12) month period Minimum Rate Up to 365 Cubic Meters Based on a three (3) month period Minimum Rate Up to 90 Cubic Meters $575.00/Unit for twelve (12) Months $143.75/Unit for three (3) Months $575.00/Unit for twelve (12) Months $143.75/Unit for three (3) Months SUGARBUSH - M-8, M-9, M-30, M-31, M-367, M-368 Based on twelve (12) month period Minimum Rate Up to 365 Cubic Meters Based on a three (3) month period Minimum Rate Up to 90 Cubic Meters CEDARBROOK - M-157 Based on twelve (12) month period Minimum Rate Up to 365 Cubic Meters Based on a three (3) month period Minimum Rate Up to 90 Cubic Meters $575.00/Unit for twelve (12) Months $143.75/Unit for three (3) Months $600.00/Unit for twelve (12) Months $150.00/Unit for three (3) Months Schedule 'J' - Water (cont'd) CANTERBURY - M-343 Based on twelve (12) month period Minimum Rate Up to 365 Cubic Meters Based on a three (3) month period Minimum Rate Up to 90 Cubic Meters MAPLEWOOD Based on twelve (12) month period Minimum Rate Up to 365 Cubic Meters Based on a three (3) month period Minimum Rate Up to 90 Cubic Meters $600.00/Unit for twelve (12) Months $150.00/Unit for three (3) Months $575.00/Unit for twelve (12) Months $143.75/Unit for three (3) Months HORSESHOE HIGHLANDS" M-391 , M-447, M-456 ZONE II Based on twelve (12) month period Minimum Rate Up to 365 Cubic Meters Based on a three (3) month period Minimum Rate Up to 90 Cubic Meters CRAIGHURST - M-510 Based on twelve (12) month period Minimum Rate Up to 365 Cubic Meters Based on a three (3) month period Minimum Rate Up to 90 Cubic Meters WARMINSTER - 309, M-104, M-92 Based on twelve (12) month period Minimum Rate Up to 365 Cubic Meters Based on a three (3) month period Minimum Rate Up to 90 Cubic Meters $575.00/Unit for twelve (12) Months $143.75/Unit for three (3) Months $575.00/Unit for twelve (12) Months $143.75/Unit for three (3) Months $575.00/Unit for twelve (12) Months $143.75/Unit for three (3) Month Period Schedule 'J' - Water (cont'd) SURCHARGE BASED ON TWELVE (12) MONTH PERIOD FOR ALL METERED SYSTEMS EXCEPT CANTERBURY & CEDARBROOK 366-545 Cubic Meters 546 + Cubic Meters $1.81/Cubic Meter $1.97/Cubic Meter SURCHARGE BASED ON TWELVE (12) MONTH PERIOD FOR CANTERBURY & CEDARBROOK 366-545 Cubic Meters 546 + Cubic Meters $1.89/Cubic Meter $2.05/Cubic Meter FLAT RATE: RESIDENTIAL MEDONTE HILLS -1650, M-29, M-174 Based on twelve (12) month period Flat Rate $575.00/Unit for twelve (12) Months Based on three (3) month period Flat Rate $143.75/Unit for three (3) Month Period ROBINCREST - M-123, M-101, BACHLY, MOONSTONE PER SCHEDULE "A" BY-LAW 2002-132 Based on twelve (12) month period Flat Rate $575.00/Unit for twelve (12) Months Based on three (3) month period Flat Rate $143.75/Unit for three (3) Month Period SCHOOLS Flat Rate $ 18,OO/Classroom/Month for twelve (12) Months HORSESHOE - ORO 1587 Based on twelve (12) month period Flat Rate $575.00/Unit for twelve (12) Months Based on three (3) month period Flat Rate $143,75/Unit for three (3) Month Period HORSESHOE - Medonte 1531, M-l0, M-11, M-23 Flat Rate $575.00/Unit for twelve (12) Months Based on three (3) month period Flat Rate $143.75/Unit for three (3) Month Period PINE RIDGE SKI CLUB Flat Rate (6 units) $3,450.00 for twelve (12) Months Flat Rate Commercial $ 862.50 for three (3) Month Period Schedule 'J' - Water (cont'd) MISCELLANEOUS FEES: CONNECTION FEE INSPECTION DISCONNECTION AND RECONNECTION CHARGE $200.00 $ 50.00 Each