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2000-033 . . I . ., THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE BY-LAW NO. 2000- 33 Being a By-law to provide for the imposition of user fees for the provision of certain services pursuant to Part IX, Division E of the Education Act WHEREAS Section 257.54 of the Education Act, R.S.O.1990, c.E.2 permits school boards to enact by-laws for the imposition of development charges against lands undergoing development; AND WHEREAS the Simcoe-Muskoka Catholic District School Board and the Simcoe County District School Board have enacted by-laws pursuant to Section 257.54 of the Education Act; AND WHEREAS the Simcoe-Muskoka Catholic District School Board and the Simcoe County District School Board require the Township of Oro-Medonte to provide them with services regarding the collection and administration of their by- laws enacted pursuant to Part IX of Division E of the Education Act; AND WHEREAS Section 220.1 of the Municipal Act, R.S.O.1990, c.M.45 enables a municipality to enact by-laws to require the collection and payment fees and charges from any persons, including school boards, for the provision of any service provided by a municipality; AND WHEREAS the Council of the Township of Oro-Medonte has determined that it is equitable and in the public interest to be reimbursed by the Simcoe- Muskoka Catholic District School Board or the Simcoe County District School Board for the provision of certain of the services provided by the Township of Oro-Medonte to the respective School Boards in collecting development charges and in administering their by-laws pursuant to Part IX, Division E of the Education Act; NOW THEREFORE, the Council of the Township of Oro-Medonte hereby enacts as follows: 1. In this by-law the phrases below have the following meanings: a) "EDC" means a charge related to development imposed pursuant to a by- law enacted under Section 257.54 of the Education Act. b) "EDC By-law" means any by-law enacted by either of the Simcoe- Muskoka Catholic District School Board and the Simcoe County District School Board pursuant to Section 257.54 of the Education Act. c) "Catholic Board" means Simcoe-Muskoka Catholic District School Board. d) "County Board" means the Simcoe County District School Board. e) "the Township of Oro-Medonte" means the Corporation of the Township of Oro-Medonte. f) "the Boards" means the Catholic Board and the County Board collectively. '1 .. 2. The Catholic Board or the County Board shall pay the Township of Oro- . Medonte its costs for the following services relating to the collection of EDCs or the administration of the County Board's or the Catholic Board's EDC by- laws. a) the retention of legal counsel to provide opinions or advice to Council and/or its officers and servants, including the Chief Building Official, regarding the administration and application of an EDC By-law or any other matter regarding the collection of EDCs and their administration pursuant to Part IX, Division E of the Education Act; b) the retention of legal counsel to defend the actions of the Chief Building Official regarding the collection of EDCs and the application of an EDC By-law, where such decision of the Chief Building Official is challenged or appealed pursuantto Section 25 of the Building Code Act, 1992, S.O. 1992, c.23 or otherwise; c) the retention of legal counsel and/or other consultants to uphold a decision of municipal council regarding a Complaint where the same is appealed to the Ontario Municipal Board pursuant to Section 257.87 of the Education Act, including subsequent appeals or applications to the Divisional Court or other Court; d) the retention of legal counsel to defend the Township of Oro-Medonte, any named officer or servant, including the Chief Building Official regarding any action or claim arising from the collection of the EDC, the administration of an EDC By-law or any other matter regarding the Township of Oro-Medonte's obligations pursuant to Part IX, Division E of the Education Act; e) any legal costs or penalties imposed whatsoever upon the Township of Oro-Medonte, or its officers or agents, including the Chief Building Official regarding any proceeding, action or claim before the courts arising from the collection of an EDC, the administration of an EDC By-law or any other matter regarding the Township of Oro-Medonte's obligations pursuant to Part IX, Division E of the Education Act. 3. The quantum of the fee payable by the Boards for the provision of the services set out above shall be the actual cost to the Township of Oro- Medonte of the retention of legal counsel and/or consultants or the costs or penalties referred to in paragraph 2(e) above. 4. Any fee shall be payable in full within 30 days of the receipt of an invoice by the Catholic Board or the County Board. 5. In the event that payment in full of an invoice is not provided by the Catholic Board or the County Board within 30 days of receipt of the invoice, in addition . to any other remedies available to the Township of Oro-Medonte, the Township of Oro-Medonte may deduct those amounts in default from any EDC collected for the Catholic Board or the County Board, which ever the case may be prior to the deposit in a reserve fund established under Section 257.82 of the Education Act. ....# '- I . . ""'.,~ ...~~~. . By-law read a first and second time this 3rd day of May ,2000. By-law read a third time and finally passed this 3rd day of May 2000. THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE t <<, 1-- t'1 SA,! I Mayor, Ian 'Bearq l -?/~G~II~ dL,- Clerk, Lynda Aiken .