2012-174 Enter into a Water Service Connection Agreement with Shawn StillTHE CORPORATION OF THE TOWNSHIP OF ORO- MEDONTE
BY -LAW NO. 2012 -174
A By -law to Enter into a Water Service Connection Agreement between
The Corporation of the Township of Oro - Medonte
and
Shawn Still
Roll # 4346- 020 - 005 -03823
Lot 23, Plan M174
5305 Line 7 North
Township of Oro - Medonte, County of Simcoe
WHEREAS Section 11 of the Municipal Act 2001, S. 0. 2001, c. 25, as amended,
authorizes the Council of a Municipality to pass a by -law respecting water distribution;
AND WHEREAS the Applicant has requested permission from the Municipality to
connect to a municipal water system (Medonte Hills);
AND WHEREAS the Municipality is prepared to grant permission to connect to a
municipal water system (Medonte Hills) upon certain terms and conditions;
NOW THEREFORE the Council of the Township of Oro - Medonte hereby enacts as
follows:
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.
BY -LAW READ A FIRST, SECOND AND THIRD TIME, AND PASSED THIS 26
DAY OF SEPTEMBER, 2012.
THE CORPORATION OF THE TOWNSHIP OF ORO- MEDONTE
Cleyk, I DdoyMos Irwin
THE CORPORATION OF THE TOWNSHIP OF ORO- MEDONTE
WATER SERVICE CONNECTION AGREEMENT
THIS Agreement made, in triplicate, this 4 th day of September, 2012.
BETWEEN:
Shawn Still
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:
Lot 23, PLAN M174
Municipal Address: 5305 Line 7 North
Roll Number: 4346 - 020 - 005 -03823
Township of Oro - Medonte
County of Simcoe
The Municipality has entered into this Agreement on the 4th day of September,
2012.
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. 2009 -082 (a By -law to
regulate Municipal Water Systems within the Township of Oro - Medonte) and the
"Water" Schedule of the Township's Fees and Charges By -law attached hereto.
The Registered Owner acknowledges and agrees to the following. That the Township
of Oro - Medonte has agreed to install the water service to the property line, to waive the
trench inspection and water meter package fees, install a driveway culvert and grant
access over Blocks 27, Registered Plan M174, more particularly described as Part 3,
Plan 51 R- 38596, in exchange for Part 1 on Plan 51 R- 38596. The Township agrees to
pay for survey and legal costs for the land transfer referred to above.
The Registered Owner acknowledges and agrees that the installation of the water
service on private property and any future repairs or upgrades to the water service line
located on private property are the responsibility of the Registered Owner.
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.
Reg
THE CORRORATION OF THE TOWNSHIP OF ORO- MEDONTE
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I REQUIRE THIS PLAN TO BE PLAN 51R-365%
THE
PLAN OF SURVEY
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DEPOSITED UNDER
LAND TITLES ACT. RECEIVED AND DEPOSITED
OF LOT 23 & PART OF BLOCK 27
DATE SEPTEMER 2111
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LEGEND
SURVEYOR'S CERTIFICATE
C.T. STRONGMAN SURVEYING LTD.
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Ontario Land Surveyors
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SE —SH 7. 2012 G T. 51RUNG
ON(A I LAAD SURVMOR
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SCHEDULE `J' TO BY-LAW NO. 2012-062
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(4) as identified on the Assessment Roll
fortaxation purposes during the current year, as amended.
1.4 "Treasures' s} all.mean the Treasurer of The Corporation of the Township of
Ora - 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 "Vacant Lot" means any property not connected:to a municipal water system to
which water service is available.
11 "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 wafer connection installation is approved by the Township
Inspector, he shall forthwith turn the water on for the owner. The owner will
then be charged at the appropriate water rate, as per Schedule V.
2.2 At the end of each quarter, 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 quarter:
2.3
2•,4
2.6
SCHEDULE "J" TO BYLAW NO. 201Z062— WATER continued-
2-6: The Treasurer shall impose a five (5) percent late charge on all unpaid accounts
on the day after the due date.
21 If an account remains unpaid, the Township may collect amounts payable
pursuant to Section 398(2) of the Municipal Act, 2001, c. 25,, as amended.
3. Water Rates and Charges
3.1 Consumption Charge
Each unit shall be assessed a consumption charge at the rate of $2.02 per
cubic meter (M).
3.2 Infrastructure Renewal Charge
Effective January 1, 2012, each unit and vacant lot shall be assessed on
infrastructure renewal charge of $53.00 per quarter ($212 annually)-,
The Infrastructure Renewal Charge shall increase by $6.00 annually on January.
1' of each subsequent year,
3.3 Flat Rate — Non-Metered Units
Owners on municipal water systems who do not allow access to their homes for
the purpose of the installation or repair of water meters will, after three notices,
be charged $300 per quarter ($1,200 annually).
3.4 Flat Rate
a) Horseshoe - Oro Plan 1587 $ 150 per quarter ($600 annually)
b) Horseshoe" Medonte Plan 1531, $ 150 per quarter ($600 annually)
M-10, M-1.1, M-23
3.5 Other Charges
a) Connection Fee Inspection: $200
b) Disconnection and Reconnection Charge $ 50 each
3.6 Where no quarterly water meter reading can be obtained, the unit shall be
automatically charged a. consumption charge of $100.00, per quarter, until the
meter reading is obtained or the requirements under Section 3:3 have been
completed by the municipality.
4. Water Meter Package
ag
4.2 Includes meter, back flow pt6v
obter, ar!gle . meter valve, expansion tank, wire,
and MAJ'r $394$O, plus applicable pp cable taxes.,.
BY-LAW NO. 2009-082
Being a By-law to Regulate Municipal Water Systems within The Township of Oro-
Medonte and to Repeal By6law No.'s 2003-25 and 2004-024
WHEREAS Section 11 of the Municipal Act, 2001, S.O. 2001, 0.25, as amended,
provides that a municipality may pass By-laws respecting matters related to water
production, treatment, storage and distribution;
AND WHEREAS Section 79 of the Municipal Act, 2001, c25, as amended, provides
that if a municipality has the consent of an bwner or occupant to connect a public utility
to a part of a building and, other parts of the building belonging to different Owners, or
are in possession of different occupants, the municipality may, at reasonable times.,
without consent, enter on their land and install, construct and I maintain pipes, wires,
equipment, machinery, and other works necessary to make the connection;
AND WHEREAS Section 80 of the Municipal Act, 2001, S.O. 2001, c.25, as amended,
provides that a municipality may, at reasonable times, enter on land to which it supplies
a public utility;
• To Inspect, repair, alter or disconnect the service pipe or wire., machinery,
equipment and other works used to supply the public utility;
• To inspect, install, repair, replace o.r.altdr a public utility meter;
• To shut off the supply of the public utility and remove any property of the
municipality if the customer discontinues the use of a public utility on land, or a
municipality lawfully decides to cease supplying the public Utility to the land;
a To determine whether the public utility has been or is being unlawfully used.
AND WHEREAS the Council of The Corporation of the Township of Oro-Medonte
teems it desirable and necessary to pass a By-laW to regulate the Municipal Water
Systems the Township.;
4OW THEREFORE the Council of the Township of Oro-Medonte hereby enacts as
'01lows.
I. Definitions
=or the purpose of this By-law:
1.1 "Council" shall mean the Council of The Corporation of the Township of Oro-
Medonte.
1.2 "Fire Chief' shall, mean the Pira Chief of the Township of oro-Medont:6 Fire and
Emergency Services Department.
'Monicipal'Water Area" shall mean a subdivision or = designated 'The
griated within; on of the To - ter
, sh_10, of Oro Mod a
wn ppt6, pervipod by a Municipal
1.4 "Municipal Water Supply* shall mean the Water supplied froin a Municipal Water
System
1.5 "Municipal Water Systerne shall include all water works estahlished within the
1.6 "Owner" shall mean the assessed Owner(s) as identified on the Assessment Roll
for Taxation Purposes during the current year, as amended.
1.7 "Person =' shall mean an individual :human being,, hislher personal agent, heir,
successors and assigns, and shall include a corporation with or without share
capital.
1.8 "Director of Transportation and Environmental Services" shall mean the Director
of Transportation and Environmental Services of the Township of Oro - Medonte
and/or his designate.
1.9 "Duly Authorized Employee" shall' mean any employee authorized by .Council.
1.10 "Township" shall mean The Corporation of the Township of Caro- Medonte..
11
1.11 "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.
1.12 `"Water Works" means any works for the collection, production, treatment,
storage, supply, and distribution of water, or any part of such worlds but does not
include plumbing or other works to which the Ontario Building Code Act and its
regulations apply:
2.1 This By -law shall apply to all Municipal Water Systems 'located' within the
geographical boundaries of the Township:
2.2 No person shall lay, or cause to be laid, any pipe or main to communicate with
any pipe or main of the Municipal Water System, or in any way obtain or use the
Municipal Water Supply without consent of the Township.
2.3 Any extensions or connections to a Municipal Water System shall' be constructed
in accordance with the Township of Oro- Medonte Engineeringi Standards.
2.4 No person, being an Owner, tenant, occupant or inmate of any house or building
or other place supplied with water from the Municipal Water System m,, shall
improperly waste water or, without the consent of the Director of Transportation
and Environmental Services, tend, sell or dispose of water, give water away,
permit water to be taken or carried. away, use or apply water to the use or benefit
of another, or to any use and benefit other than the person's own, or increase the
supply of water. This shall include the furnishing of water from one building
connected to the Municipal Water System, to another building.
2;5 All pipes, valves, fittings and other equipment between the water main and the
street line shaiC remain the property of the Township.
2,8 The Director of Transportation and Environmental Services, or other duly
authorized employee, the case of an emergency, which may imperil the supply
or quality of water„ may shut off the Municipal Water Supply and take such
remedial action as may be necessary. Such remedial action may include. limiting
or stopping up the supply of water in any area or restricting the use of water for
any specific purpose.
3. REQUIREMENT FOR ONNECTION TO AND REGULATION OF MUNICIPAL.
WATER SYSTEM
3.1 Every Owner of property located within a Municipal Water Area who wishes to
connect an existing building to the Municipal Water System may apply, in writing,
to the Director of `transportation and Environmental Services.
3.2 Every new residence constructed on a property located within a Municipal Water
Area shall be connected to the Municipal Water System. An application for
connection to the Municipal Water System shall be filed prior to the issuance of a
building permit, and shall be accompanied by the connection fee as established
by By -law.
3.3 The Township reserves the right to refuse any application for connection to the
Municipal Water System if the existing system is at capacity, or where excess
capacity has been allocated to other:propertles within the Municipal Water Area.
3.4 An Owner may apply, in writing, to Council for an exemption from connection to a
Municipal Water System. Council shall consider all requests and may grant an
exemption,, unless such exemption would be at variance to any written
requirement;, order' or approval by a Medical Officer of Health, Public Health
Inspector, the Ministry of the Environment; or Ontario Building Code Act Any
exemption granted under this Section: shall not relieve the Owner from the
payment of any minimum rate under this By -law:
3.5 Notwithstanding Section 3.4, no Owner of a property located within a Municipal
Water Area and connected' to the Municipal Water Supply ,shall be granted an
exemption in order to disconnect from the Municipal Water System.
36 Every building connected tO a Municipal Water System shall have a single
separate. connection, with the exception of a building which contains multiple
units.
3.7
1041
Any Owner of a building connected, or to be connected, to a, Municipal Water
System shall install the connection, as perTownship Engineering Standard,
Every Person who, by act, default, neglect or omission, Occasions any loss,
damage or injury to any public utility works, or to any plant, machinery, fitting or
appurtenances thereof, 19 liable to the Township therefore.
3.10 Where any auxiliary water supply exists in. any building connection to a Municiipal
Water System, approved backiflow protectlion shall be installed. This requirement
shall include the handling of processed_ waters, and waters originating from the
Municipal Water system, which may have been, or may be subjected to,
deterioration in sanitary quality. Bac0ow protection devices shall be installed
where internal cross connections exist. All property Owners with swimming
. pools, in ground or above ground, shall install a backflow prevention device on all
outside water taps.
3.11 Any Owner desiring to have the Municipal Water Supply turned off or on for any
reason whatsoever, shall apply, in writing, to the Director of Transportation and
Environmental Services, who may direct that the water be turned on or off.
3.12 A Disconnection/Re-Connec.tion Fee, as established by By-law, shall be charged
by the Township for turning off or on the Municipal Water Sup*, where such
action is necessitated by:
3.12.1 — a written request by the Owner, or
3.12.2 — non-payment of a water bill; or
3.12.3 — failure to provide access to a meter
4. WATER USEAGE AND RESTRICTIONS
4.1 No Person shall willfully let off or discharge water so that the water runs waste or
useless out of the Municipal Water System.,
4.2 The Township reserves the right to turn off the Municipal Water Supply to any
house, building or other place supplied with water from the Water Works, as
deemed necessary by the Director of Transportation and Environmental
Services, to stop and prevent Waste.
4.3 Failure to comply with any requirements relative to the protection of a Municipal
Water Supply shall be sufficient reason for immediate discontinuance of water
service by the *township, until such time as it is determined that the requirements
of the Township, Ontario Building Code Act, any order or approval by a Medical
Officer of Health, Public Health Inspector, or Ministry of the Environment, have
been: met.
4.4 The Director of Transportation and Environmental Services, or other duly
authorized employee, may take such measures, as it is deemed necessary, to
regulate or suspend any or all use of water distributed through a hose, or any
other attachment, for street, lawn or garden watering, or for any fountain or
object, or for any other similar purpose. The watering of lawns, or gardens, -or
filling of swimming pools, are not deemed to be a domestic use under the terms
of the By-lawand may be prohibited, from time to time, by Resolution of Council,
and the Director of Transportation and Environmental Services is hereby
authorized to take all such action, as may be necessary, to. immediately
term - inate the supply of water for any property served by the Municipal Water
system in the event ofa breach of such an order.
4.5
4)
d) Owners of properties which have been sprayed for insects upon proof of
such spraying and subject to the approval of the Director of Transportation
and Environmental Services or his designate may permitted to water
their lawn for seven (7) consecutive days regardless of the day designated
under these water restrictions.
e) Owners of properties with mechanized automated irrigation systems may,
subject to 4.5 a) and b), be exempt from watering between 7 :00 p.m. and
11 :00 p.m. and by written request to the Director of Transportation and
Environmental Services be permitted to water between the hours of 12:0
a.m and 4:00 a.m.
5.1 The Township shall require meters for the purpose of measuring the supply of
water to any building, subject to the following;
5.1.1 Meters shall be required for all new Residential Commercial and industrial
buildings to be constructed on properties lying within a Municipal Water
Area at the cost of the Owner.
5.1.2 Meters shall be required for all existing Residential, Commercial and
Industrial buildings located within a Municipal Water Area.
(i) When the Township determines that water meters shall be installed
in existing buildings located within a Municipal Water Area meters
shall be installed by the Township and the cost, therefore, shall be
charged to the applicable Municipal Water Area.
5.1.3 One (1) meter shall be required for each unit within any Residential,
commercial and/or Industrial building. The Director of Transportation and
Environmental Services may waive the requirement for separate meters
where, in the opinion of the Director of Transportation and' Environmental
Services, the existing water service prevents the installation of multiple
meters. The waiving of this requirement does not relieve the Owner from
any minimum rate which may be assessed against each unit under this
By -law.
5.2 Interior and exterior meters shall remain the property of the Township and shall
not be boxed in such a manner as to prohibit them from being read, examined or
removed.
5.3 interior meters shall be located in a safe and convenient space, free from charge
or rent, in a heated room suitable for this purpose, as close as possible to the
entrance of the service pipe into the buiiding. The inside meter shall be mounted
in such a manner as to be fully braced to prevent movement.
5.4 Free access shall be afforded to such meters and their connections for Persons
authorized by-the Township whenever such access is required.
5.5 Where. the Township .has reason W believe that a meter is inoperable arid, is
unabie to gain; "access thereto. for and repair, the following steps .will be
taken;
1) Written notice will be left at the premises requestirg access tafhe meter
2) A phone call will be made requesting access to the meter
R .: d I ,t t . NU 11 t .
W9 gs ere e. er VV 1. .: e sent revues _tng access o the meter
Upon co "orrnation of receipt of the registered :letter the property will be moved to
an annual flat rate of $120.0 /unit until such time as access is granted and the
meter operable.
5.6 The owner shall be responsible for the security of the meter, and other Township
equipment and shall pay the Township the value of such meter and equipment
should any damage or loss occur which is, in the opinion of the Director of
Transportation and Environmental Services, due to circumstances beyond'
normal wear and tear.
5.7 No Person other than an authorized employee or agent of the Township shall be
permitted to remove, inspect or repair the meter or other equipment of the
Township's Mater Works.
5.8 No Person shall willfully alter a meter placed on any service pipe or connected
therewith, within or outside any building or other place,, so as to lessen or alter
the amount of water registered.
6. FIRE HYDRANTS
6.1 No Person shall use hydrants connected to any Municipal Water System,, other
than;
6.1.1 employees or volunteer firefighters authorized by Fire Chief;
6.1.2 employees authorized by the Director of Transportation and
Environmental Services.
6.1.3 persons having written permission from the Township to use the hydrants,
under the "supervision of the director of Transportation and Environmental
Services.
6.2 No Person shall, without approval of the Director of Transportation and
Environmental Services or Fire Chief, willfully open or close any hydrant,
6.3 No Person shall, obstruct the access to any hydrant; curb stop, chamber, pipe or
hydrant or sample station..
7. OFFENCES AND PENAL'TiES
7.1 Every Person is guilty of an offence and upon conviction, shall be liable to the
fines and penalties prescribed by the Provincial Offences Act;
7.1.1 who willfully hinders or interrupts, or causes or procures to be hindered' or
interrupted, the Township„ its officers, contractors, agents, .servants or
workers in the exercise of any of the powers conferred under this By -law;
or;,
7.1.2 who contravenes or fails to comply with any provision of this By-law
7,2 The conviction of an offender upon the breach of any provisions of this b
shall not operate as a bar to a prosecution against the same offender upon any
continued or subsequent breach of any provision. Section 442 of the Municipal[
Act, 2001, S.D. 2001 c.25, as amended from time to time, shall further apply to
any continued or repeated breach of this By-law..
7.3 if any court of. 'competent jurisdiction: finds that any of the provisions of this By-
law.. are; ultra vires the jurisdiction of council, or are invalid for any :re such
provision shall be deemed to be severable' and shall 'i ot'Invalidate: any of the
other previsions of the "By -law, which s hall remain in full force. and effect.
8.: MISCELLANEOUS
8.11 If any provision of this. 8y-laW is inconsistent with the Municipal Aa or any other
Act, the Provisions of the appliEable Actzball prevail
8.2. A word. interpxeted In the singular number has .a .corresponding meaning when
used in the plural. Where a word referencee the masculine fender It shall also
include female
8.3 That this By -law may be cited as the' Water Regulation By- Jaw".
9; REPEAL
9.1 That the Township of Oro-Medonte hereby repeals By-law No.'s 2003.25 and.
2004-024i
10. ENACTMENT
That this by-law shall take effect on the final passing thereof.
BY-LAW READ A FIRST AND SECOND TIME THIS 29 DAY OF JUNE, 2009.
BY-LAW READ A THIRD TIME AND FINALLY PASSED THIS 26 DAY OF
2009.
THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE