2015-038 Fees and Charges By-law - Capital Costs Water Upgrades - Horseshoe ValleyThe Corporation of the Township of Oro-Medonte
By -Law No. 2015-038
Being a by-law to Amend By -Law No. 2014-012 A By-law of The Corporation of
the Township of Oro-Medonte to provide for the imposition of fees or charges
(Fees and Charges By-law)
to establish a user fee connection charge in respect of capital costs
associated with Water Upgrades for Horseshoe Valley Settlement Area.
Whereas section 8 of the Municipal Act, 2001, S.O. 2001, c. 25, as amended,
provides the powers of a municipality under this or any other Act shall be interpreted
broadly so as to confer broad authority on a municipality to enable the municipality
to govern its affairs as it considers appropriate and to enhance the municipality's
ability to respond to municipal issues;
And Whereas section 9 of the Municipal Act, 2001 provides that a municipality has
the capacity, rights, powers and privileges of a natural person for the purpose of
exercising its authority under this or any other Act;
And Whereas subsection 391 (1) of the Municipal Act, 2001 provides that sections
9, 10 and 11 of the statute authorize a municipality to impose fees or charges on
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 subsection 391(2) of the Municipal Act, 2001 provides that a fee or
charge for capital costs related to services or activities may be imposed on persons
not receiving an immediate benefit from the services or activities but who will
receive a benefit at some later point in time;
And Whereas subsection 391(3) of the Municipal Act, 2001 provides that the costs
included in a fee or charge may include costs incurred by a municipality related to
administration, enforcement and the establishment, acquisition and replacement of
capital assets;
And Whereas subsection 11 (3) of the Municipal Act, 2001 provides that a
municipality may pass by-laws respecting matters relating to public utilities, which
as defined in subsection 1(1) of the Municipal Act, 2001, expressly includes a
system providing water services to the public;
And Whereas The Corporation of the Township of Oro-Medonte operates and
maintains municipal water systems;
And Whereas subsection 398(2) of the Municipal Act, 2001 provides that the
treasurer of a local municipality may add charges imposed by a municipality to the
tax roll of a property to which a public utility is supplied and collect such charges in
the same manner as municipal taxes;
And Whereas Council of the Township of Oro-Medonte did, on the 5t" day of
February 2014, enact By-law No. 2014-012 to provide for the imposition of fees or
charges, including with respect to the operation and maintenance of the municipal
water systems;
And Whereas Council of the Township of Oro-Medonte deems it necessary to
establish a fee for the recovery of capital costs expended, or to be expended, by the
Township in relation to certain upgrades to the municipal water system that will
benefit and service lands within the Horseshoe Valley Settlement Area;
Now Therefore the Council of The Corporation of the Township of Oro-Medonte
hereby enacts as follows:
1. That Section 2 of By-law No. 2014-012 be amended by adding:
"Schedule L — Water Upgrades for Horseshoe Valley Settlement Area"
2. That Sections 4 and 5 of By-law No. 2014-012 be amended by replacing
"Schedules "A" to and including "K"" with "Schedules "A" to and including "L"".
3. That Appendix "A" — entitled "Schedule L to By-law No. 2014-12 Water
Upgrades for Horseshoe Valley Settlement Area" attached hereto and
forming part of this by-law be added to By-law No. 2014-012.
4. That this by-law shall take effect on the final passing thereof.
By -Law Read a First, Second and Third time, and Passed this 11th day of
February, 2015.
The Corporation of the Township of Oro-Medonte
191-ajo_111
ayor, H.S.,�,i ghes
C16rk. J4 Dd'L alas Irwin
Appendix "A" to By-law No. 2015-038
Schedule "L" to By-law No. 2014-012
Water Upgrades for Horseshoe Valley Settlement Area
1. Definitions
1.1 Capitalized terms in this Schedule have the same meaning as in Schedule
"J" — Water to By-law No. 2014-012.
1.2 In addition:
"Horseshoe Highlands Drinking Water System" means the Municipal Water
System that services the Horseshoe Valley Settlement Area.
"Undeveloped Lot" means any property that is not connected to a
Municipal Water System but will be, once sufficient water upgrades have
been completed and water service is available.
"Upgrades" shall mean, and include, but are not limited to, the following:'
(a) Well and pump upgrades, including the construction of a new well and
pump, pursuant to an Environmental Certificate of Approval and a
Permit to Take Water; and
(b) All studies, approvals and processes to allow the construction and
operation of the above-mentioned well and pump upgrades.
2. Horseshoe Valley Settlement Area
2.1 The Horseshoe Valley Settlement Area is shown on the map attached
hereto.
2.2 The Horseshoe Highlands Drinking Water System that services the
Horseshoe Valley Settlement Area requires certain capital Upgrades
before any additional Units, including potential future Units on
Undeveloped Lots, can be serviced by this Municipal Water System.
3. Fee for Horseshoe Highlands Drinking Water System Upgrades,
Billing and Collection — Undeveloped Lots
3.1 A flat rate, per unit Upgrade fee of $5,190.71, shall be imposed prior to
development on any Undeveloped Lots in the Horseshoe Valley
Settlement Area shown on the attached map.
In addition to the Upgrades noted in Section 1.2(a) and (b), a report prepared by AECOM dated
October 2012 identified additional future upgrades which may be required and which include the
following:
(a) Pumping station and reservoir upgrades, including the construction of at least one new
storage tank, a new pump house and associated pumps, header and watermains;
(b) Zone 1 integration upgrades, including construction of new watermains, valves and
curb stops throughout the private Zone 1 system; and subsequent connection of Zone
1 to the Municipal Water System, once new capacity has been established; and
(c) All studies, approvals and processes to allow the construction and operation of the
above-mentioned works.
This By-law may be amended to incorporate additional fees, service upgrades and the map area as
set out in this Schedule.
Schedule "L" to By-law No. 2014-012 - Water Upgrades for Horseshoe Valley
Settlement Area continued...
3.2 The Upgrade fee shall be due and payable to the Township prior to the
issuance of a building permit pursuant to the Building Code Act, 1992 in
respect of a Unit. For any Units within the Horseshoe Valley Settlement
Area for which building permits were issued and no fee or charge was
imposed, the Upgrade fee shall be due and payable in full to the Township
immediately upon the coming into force of this By-law.
3.3 Upgrade fees shall be payable to The Corporation of the Township of
Oro-Medonte and may be paid during office hours in person at the Oro-
Medonte Administration Centre, 148 Line 7 South, Oro-Medonte, Ontario,
LOL 2EO.
3.4 The Township will not permit connections or use of the Horseshoe
Highlands Drinking Water System or Water Works until the Upgrade fees
have been paid in full. In addition to any other remedies, if an account
remains unpaid, the Township may collect the amounts payable pursuant to
subsection 398(2) of the Municipal Act, 2001.
3.5 The flat rate Upgrade fee shall be reassessed from time to time at the
discretion of the Township and may be modified by the Township by
amendment to this By-law, including based on the proportion of Upgrades
completed to -date; current construction cost estimates for the outstanding
Upgrades; and any changes in lot build -out estimates for the Horseshoe
Valley Settlement Area.
Schedule "L" to By-law No. 2014-012 - Water Upgrades for Horseshoe Valley
Settlement Area continued...
Map of Horseshoe Valley Settlement Area
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