2016-177 Water Service Connection Agreement with Dainel BlandfordThe Corporation of the Township of Oro-Medonte
By -Law No. 2016-177
A By-law to Enter into a Water Service Connection Agreement between
The Corporation of the Township of Oro-Medonte
and
Daniel Blandford
Range 2, Pt. Lot 2
Part 1, RP 51 R-7037
1064 Line 2 South
Roll #4346-010-007-03600-0000, 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 (Shanty Bay);
And Whereas the Municipality is prepared to grant permission to connect to a
municipal water system (Shanty Bay) upon certain terms and conditions;
Now Therefore the Council of the Township of Oro-Medonte hereby enacts as follows:
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 231d day of November,
2016.
The Corporation of the Township of Oro-Medonte
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Proud Heritage, Exciting Future
WATER SERVICE CONNECTION AGREEMENT
THIS Agreement made, in triplicate, this o13 day of %�N r
BETWEEN:
DANIEL BLANDFORD
Hereinafter referred to as the "Registered Owner"
Riot"!
, 2016.
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:
Range 2, Pt. Lot 2
Part 1, RP 51 R-7037
1064 Line 2 South
Roll #4346-010-007-03600-0000
Township of Oro-Medonte
County of Simcoe
The Municipality has entered into this Agreement on the Q3 day of �ov�►�.�.��, 2016.
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. 2016-100 (a By-law to
Regulate Municipal Water Systems within the Township of Oro-Medonte and to Repeal
By-law No. 2009-082) and Water Schedule "J" of the Township's Fees and Charges By-
law attached hereto.
The Registered Owner acknowledges and agrees that all costs to connect to the
municipal water system shall be at their cost, including, but not limited to, all labour,
material and water meter.
The Registered Owner acknowledges and agrees that 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.
THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE
Harry
irector, Corporate Services/Clerk
The Corporation of the Township of Oro-Medonte
By-law No. 2016-100
A By-law to regulate Municipal Water Systems within the Township of Oro-
Medonte and to Repeal
By-law No. 2009-082
(Municipal Water Supply)
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 related to water production,
treatment, storage and distribution;
And Whereas Section 79 of the Municipal Act, 2001, S.O. 2001, c.25, as amended,
provides that if a municipality has the consent of an Owner 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
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;
And Whereas the Ontario Building Code and the Safe Drinking Water Act authorize the
Township of Oro-Medonte to enact By-laws to protect the drinking water supply;
And Whereas the Council of The Corporation of the Township of Oro-Medonte deems it
desirable and necessary to pass a By-law to regulate the Municipal Water systems
within the Township;
Now Therefore the Council of the Township of Oro-Medonte hereby enacts as follows:
1. That Appendix "A" attached hereto, form part of this By-law.
2. That this By-law may be cited as the "Municipal Water Supply By-law"
3. That By-law No. 2009-082 be hereby repealed in its entirety.
4. And that this By-law shall come into force and effect on the date of its final
passing.
By-law read a First, Second and Third time, and Passed this 22nd day of June,
2016.
The Corporation of the Township of Oro-Medonte
Mayor, H.S.
Irwin
Appendix "A"
to By-law No. 2016-100 for
the Corporation of the Township of Oro-Medonte
1.0 Definitions
For the purpose of this By-law, the following definitions shall apply:
"Building" shall mean a structure supplied with municipal water by the Township of
Oro-Medonte.
"Council" shall mean the Council of The Corporation of the Township of Oro-Medonte.
"Cross Connection" shall mean any temporary, permanent or potential water
connection that may allow backflow of contaminants, pollutants, infectious agents, other
material or substance that will change the water quality in the water distribution system
and includes without limitation, swivel or changeover devices, removable sections,
jumper connections and bypass arrangements.
"Director" shall mean the Director of Transportation and Environmental Services of the
Township of Oro-Medonte and/or his designate.
"Drinking Water System" has the same meaning as in subsection 2(1) of the Safe
Drinking Water Act.
"External Use of Water" shall mean the use of water for any purpose outside the walls
of any building located at a municipal address.
"Inspection" shall mean an audit; physical, visual or other examination; survey; test; or
inquiry.
"In-service" shall mean those parts of the water distribution system that have been
approved by the Operating Authority for the provision of potable water and in which
potable water is available for use.
"Land" shall mean all real property, including buildings or any part of any building and
all structures, machinery and fixtures erected or placed upon, in, over, under or affixed
to land and in the case of utility service providers and the Township, all buildings or any
part of any building erected or placed upon, in, over, under or affixed to land but shall
not include machinery whether fixed or not, nor the foundation on which it rests, works
structures other than buildings, substructures, poles, towers, lines, nor any of the things
exempted from taxation, nor to any easement or the right, use or occupation or other
interest in land not owned by utility service providers or the Township.
"Live Tap" shall mean a connection to the water distribution system that is in-service
and in which isolation of a part or portion of the water distribution system cannot be
undertaken.
"Municipal Water Supply" shall mean the water supplied from a Municipal Water
System.
"Occupant" shall mean a lessee, tenant, Owner, the agent of a lessee, tenant or
Owner, or any person in possession of a premise.
"Operating Authority" shall mean the Township.
"Other Charges" shall mean those charges related to repairs, installations, services
rendered, or other expenses, exclusive of charges included in water rates, frontage
charges payable by the consumer as provided for in this By-law or as Directed by
Council.
"Owner" shall mean any person, including a corporation, who is the registered owner of
the property under consideration including a trustee in whom land is vested, a
committee of the estate of a mentally incompetent person, an executor, and
administrator or a guardian. The obligations of the Owner under this By-law may not be
transferred to a party which is not an Owner.
"Officer" shall mean a Municipal Law Enforcement Officer, Provincial Offences Officer,
Police Officer, Engineering Inspector or any other duly appointed person.
"Person" shall mean an individual, association, partnership, corporation, municipality,
Provincial or Federal agency, or any agent or employee thereof.
"Potable Water" shall mean water that is fit for human consumption.
"Temporary Water Service" shall mean a pipe installed from the water distribution
system by the Township and for a specified temporary period of time; a pipe installed
with the permission of the Operating Authority for construction purposes.
"Township" shall mean The Corporation of the Township of Oro-Medonte.
"Water Distribution System" shall mean the part of the municipal drinking water
system that is used in the distribution, storage or supply of water up to and including the
water shut-off valve, and is not part of a treatment system.
"Water Meter" shall mean a device supplied by the Township to measure the quantity
or rate of water flowing through a pipe that is used to supply a building.
"Water Service" shall mean the portion of a water service pipe from the property line to
the water meter location, or for a fire service to the inside of the exterior wall of a
structure.
"Water Shut-off Valve/Water Valve" shall mean the valve on the water service owned
and used by the Township to shut-off or turn on the water supply from the municipal
distribution system.
2.0 General Provisions
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 System without the consent of the Township.
2.3 No person or building or other place supplied with water from the Municipal
Water System shall improperly waste water or, without the consent of the
Director, lend, 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 form one building connected to the Municipal
Water System, to another building.
2.4 The Township does not guarantee the continuous supply, quality, or pressure of
water from the Municipal Water System. The Township is not liable for damage
caused by the breaking of any services pipe or attachment, or for shutting off
water to repair or to tap mains, if reasonable notice of the intention to shut-off the
water is given. The Township is not liable for damage caused by emergency
water main breaks or service breaks or attachments for shutting water off to
repair an emergency situation. No notice of intention to shut water off is required
during emergency repair activities.
2.5 In the case of an emergency, which may impair the supply or quality of water, the
Director may shut-off the Municipal Water Supply and take such remedial action
as may be necessary. Such remedial action may include limiting or stopping the
supply of water in any area or restricting the use of water for any specific
purpose.
3.0 Establishing or Altering a Water Service
3.1 Every new residence constructed on a property located within a Municipal Water
System shall be connected. 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 set out in the Fees and Charges By-law,
as amended.
3.2 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 properties within the Municipal Water
System,
3.3 Every building connected, or to be connected, to the Municipal Water System
shall install the connection, as per the Township Engineering Standards.
3.4 The Owner shall notify the Township prior to the installation, repair, renewal,
removal, plugging, capping or disconnection of a water service.
3.5 The Owner shall submit the appropriate forms, required drawings and supporting
information and pay the stipulated fees or charges to the satisfaction of the
Township. The Operating Authority may impose any condition that is deemed
advisable and appropriate to ensure the integrity and safety of the water
distribution system and the provision of potable water. Any conditions imposed
will be identified in writing and said conditions shall be complied with. The
installation or disconnection shall not commence until all required information and
payments have been received.
3.6 Extensions of and connections to the Municipal Water System shall only be
permitted where they conform to Official Plans.
3.7 New water service connections and water service installations made in
association with Township capital works shall be subject to all requirements of
this By-law and fees and charges set out in applicable By-laws.
3.8 As part of a watermain rehabilitation project the Township shall renew water
service stubs on public property at its expense and to its specifications when:
• Piping is deemed by the Operating Authority to be beyond repair
• The existing pipe material is lead and supplies a single detached
residence
• The replacement public water service is the same diameter
Replacement piping shall conform to Township Engineering Standards. If the
Owner requests a large size, the Owner shall pay the difference in material and
labour costs.
3.9 All water service pipes connected to the Municipal Water System that require a
live tap shall only be installed by the Operating Authority.
3.10 All water service pipes and appurtenances installed must be inspected by the
Township. The Township shall be, at all times, entitled to enter any premises for
the purpose of examining connections and fixtures which are used in connection
with the Municipal Water System.
3.11 When an Owner temporarily discontinues the use of a water service, the Owner
shall pay the charge as indicated in the Fees and Charges By-law for
disconnecting the water meter from the water distribution system.
3.12 When an Owner permanently discontinues the use of a water service the water
service pipe must be disconnected at the watermain, the watermain plugged or
capped and the curb box and rod removed at the Owner's expense. All work
must be inspected by the Township and the Owner shall pay for such work and
inspection.
3.13 No Owner or occupant shall use or cause to be used any type of open loop water
system as part of any heating, air conditioning or refrigeration equipment. No
owner or occupant shall connect to any part of the water system any hydraulic
motor, elevator or other type of appliance what operates in whole or in part using
potable water.
4.0 Cross Connections/Backflow Prevention
4.1 No person shall connect, cause to be connected or allow to remain connected to
the plumbing system within a building or water distribution system any piping,
fixture, fitting container or appliance in a manner which under any circumstances
may allow water, waste water, non -potable water or any other liquid, chemical or
substance to enter the plumbing system within a building or water distribution
system. The means for protection from contamination (i.e. cross connection
control and/or backflow prevention devices) shall be in accordance with the
requirements of the Ontario Building Code Act, 1992, as amended.
4.2 If a condition is found to exist which is contrary to Section 4.1 of this By-law, the
Operating Authority shall carry out an inspection and shall issue an order to
obtain compliance. If an order is not complied the Operating Authority may then
shut-off the water service.
4.3 All backflow prevention devices shall be inspected and tested at the expense of
the Owner, upon installation, and thereafter annually by approved personnel to
ensure that the device is in good working condition. A record card shall be
displayed on the cross connection control device on which the tester shall record
the address, location, type, manufacturer, serial number and size of device, test
date, tester's initials, name and license number.
4.4 If the results of the test referred to in Section 4.3 shows that the cross connection
control is not in good working condition, the Owner shall provide written
confirmation of the failure to the Township within 24 hours and make repairs or
replace the device within four (4) days of the date of the test.
4.5 No personal shall without the prior written approval of the Township remove any
cross connection control or backflow prevention devices installed as a
requirement of provincial legislation or by order.
5.0 Inspection and Access to Property
5.1 The Operating Authority or any person designated by the Township may, at
reasonable times enter onto any land on which the Township supplies drinking
water for the following purposes:
• To install, inspect, repair, alter or disconnect the service pipe or wire,
machinery, equipment and other works used to supply drinking water to
the building or land;
• To inspect, install, repair, replace or alter a water meter;
• To determine if this By-law, an order, or condition to any permit is being
complied with.
5.2 The Township may shut-off or reduce the supply of water to any building or land
for the purpose of carrying out an installation, inspection, repair disconnection or
any other work. If the Township has shut-off water or restricted supply the
Township shall restore service as soon as practicable upon completion of the
required work.
5.3 If an Owner discontinues the use of the water supply or the Township lawfully
decides to cease the supplying of water to any building or land, the Township
may enter the premise to shut-off the water, remove any property of the
Township and/or determine whether the supply of water is being lawfully used.
5.4 All costs incurred by the Township to perform work required by this By-law shall
be charged to the Owner of the property. Where such work is performed and
unpaid, the amount outstanding shall be collected in the like manner as taxes.
Furthermore, the Township shall not be held responsible for the cost of any
restoration.
6.0 Water Meters
6.1 Where applicable, water drawn from the water distribution systems, except water
used for firefighting purposes, or water use authorized by the Operating
Authority, shall pass through the water meter supplied by the Township for use
upon such premises.
6.2 The placement of water meters is at the sole discretion of the Operating
Authority. All water meters provided by the Township shall be installed to
conform to Township specifications. The location of the water meter shall not be
changed by any person except with the consent of the Operating Authority.
6.3 The Owner shall pay the water service charges as indicated in the Fees and
Charges By-law, as amended. The water meter shall remain the exclusive
property of the Township and maybe removed or replaced as and when the
Township sees fit.
6.4 Charges for all measured water consumption, as well as any work or services
performed by the Operating Authority will be determined by the Operating
Authority as indicated in the Fees and Charges By-law, as amended. Work
performed on the water distribution system that requires an Owner or occupant to
flush their plumbing system within the building to remove dirt or cloudiness shall
not be exempt in part or whole from any measure water consumption and
applicable rates and charges.
6.5 The Township and persons authorized by the Township shall be allowed access
to the premises and be provided free and clear access to the water meter at all
reasonable times for the purpose of reading. Where such access is not provided
by the Owner within 14 days upon notification, the Township may, at its
discretion shut-off the supply of water until such time as access to the meter is
provided.
6.6 The Owner shall supply, install and be responsible for maintaining in good
working order the inlet valve to the water meter, the outlet and bypass valve for
all water meters and shall ensure that such valving is accessible.
6.7 Any leaks that develop at the water meter or its couplings must be reported
immediately to the Operating Authority. The Township is not liable for damage
caused by such leaks.
6.8 No person; other than persons authorized by the Operating Authority shall be
permitted to open, tamper with the water meter or seals placed thereon, or do
any manner of thing which may interfere with the proper registration of the
quantity of water passing through such water meter. Should any person change,
tamper or otherwise interfere, in any way whatsoever, with any water meter, the
Operating Authority may shut-off the water from such building and the water shall
not be turned on again without the express consent of the Operating Authority.
6.9 If, for any cause, any water meter is found to not be working properly, then the
amount of water to be charge for shall be estimated on the average reading for
previous periods when the water meter was working properly.
6.10 When the water meter is equipped with a remote read unit and a discrepancy
occurs between the reading at the water meter and the reading on the remote
device, the Township will consider the reading at the water meter to be correct
and will adjust and correct the Owner's account accordingly.
7.0 Operation and Maintenance of the Water Distribution System
7.1 The water service stub shall be maintained by the Township at the Township's
expense. All pipes, valves, fittings and other equipment between the watermain
and the streetline shall remain the property of the Township.
7.2 Any and all defects, including the breaking of a water service and meter pit shall
be repaired by the Owner of the property being serviced. Should the Township
become aware of any such defect, and upon written notice to the owner, the said
defect is not repaired within seven (7) days of the date of the notification or within
such times as the Operating Authority may deem necessary, then the Township
may turn off the water supply to the property.
7.3 No person, other than persons authorized by the Operating Authority shall be
permitted to operate the water shut-off valve to any premises. Furthermore, all
water shut-off valves must be left clear and accessible at all times.
7.4 All water service to and including the water meter shall be properly protected
from frost and any other damage at the expense and risk of the Owner of the
property being serviced. The Owner shall be responsible for the water loss
occasioned by a leak in the water service and the charge for such water loss
shall paid by the Owner. The Township shall not be held responsible for any
damages arising from such leak.
7.5 When any premises is left vacant or without heat it is the Owner's responsibility
to shut-off the water supply from within the premises and to drain the piping
therein. The Owner shall request that the Operating Authority have the water
shut-off valve turned off to stop the water supply. The valve will be turned on
only at the Owner's request. The Owner shall pay for this service at the rates as
indicated in the Fees and Charges By-law, as amended.
7.6 When any premises left vacant, unattended or without heat, where the water
supply has not been shut-off, suffers damage to it and its contents from a leaking
or burst water pipe, the Owner or Occupant shall have no claim against the
Township.
7.7 Thawing out frozen water service stubs shall be the Township's responsibility.
Thawing out a frozen water service shall be the Owner's responsibility. Where
any employee of the Township assists the Owner in the thawing of frozen pipes
on the Owner's property, all such assistance will be considered to be at the
Owner's risk, and the Owner shall have no claim against the Township by reason
of such work.
7.8 The Township agrees to use reasonable diligence in providing a regular and
uninterrupted supply and quality of water, but does not guarantee a constant
service or the maintenance of unvaried pressure or quality or supply of water and
is not liable for damages to the Owner or Occupant caused by the breaking of
any water service pipe or attachment, or for the shutting off of water to repair or
rehabilitate watermains or to tap watermains. Where planned work on the
distribution system is contemplated the Operating Authority will make reasonable
effort to provide notice to the lands affected of the intention to shut-off the water,
save and except for emergency shut downs.
7.9 No person, other than those authorized by the Operating Authority shall open or
close a water valve in the public water distribution system, or remove, tamper
with or in any way interfere, break, damage, destroy, deface or tamper with any
water shut-off valve, water meter, structure, watermain or water service in the
water distribution system, nor tap off or make any connection to a watermain.
7.10 The Operating Authority shall be responsible for the operation and maintenance
of all Municipal Water Systems, including required testing, servicing, and the
removal of snow from around all hydrants, as deemed necessary.
8.0 External Use of Water
8.1 During the period from May 15 to September 15, the external use of water is
permitted as follows:
• On even calendar dates for those municipal addresses ending with
numbers 0, 2, 4, 6 & 8
• On odd calendar dates for those municipal addresses ending with
numbers 1, 3, 5, 7 & 9
• Only between the hours of 7:00 pm and 11:00 pm on the day permitted for
the external use of water
8.2 The Operating Authority, in its absolute discretion, is authorized to impose at any
time any other water use regulation which it deems advisable to further limit the
external use of water. The authority shall include, but is not limited to, the right to
further limit the hours of external water use on permitted days and to ban
completely the external use of water at any time. Notice of additional water use
regulation shall be given by the Operating Authority by publishing in local media
or the Internet.
8.3 Exemptions to Section 8.1 may be considered at the sole discretion of the
Director for new sod, grass seed or hydro seeded areas for a maximum fourteen
(14) consecutive days.
9.0 Fire Hydrants
9.1 No person, except for Township personnel, or volunteer firefighters authorized by
the Township Fire Chief, or those authorized under the Safe Drinking Water Act,
2002, are permitted to operate a fire hydrant.
9.2 No person shall paint fire hydrants or tamper with the colour scheme of fire
hydrants except with the permission of the Operating Authority.
9.3 No person shall obstruct the free access to any fire hydrant or plant or place, or
cause or permit to be planted or placed, vegetation or other objects within a 4
meter corridor between the hydrant and the curb or roadway shoulder nor within
a 1.5 metre radius beside or behind a hydrant except with the prior written
authorization of the Operating Authority.
9.4 Except for water used for firefighting and those operations authorized by the
Operating Authority, any use of Township fire hydrants for water supply is
prohibited.
10.0 Prohibitions
10.1 No person shall contravene any provision of this By-law or any order or notice
issued pursuant to this By-law.
10.2 No person shall let off or discharge water so that the water runs waste or useless
out of the works.
10.3 No person shall improperly waste the water or, without the consent of the
Township, lend, sell, or dispose of the water, give it away, permit it to be taken or
carried away, use or apply it to the use or benefit of another, or to any use and
benefit other than his own or increase the supply of water agreed for.
10.4 No person shall without lawful authority open or close any valve or hydrant, or
obstruct the free access to any hydrant, stopcock, valve, chamber or pipe by
placing on it any building material, rubbish or other obstruction.
10.5 No person shall alter any water meter placed upon any service pipe or connected
therewith, within or without any building or other place, so as to lessen or alter
the amount of water registered.
10.6 No person shall lay or cause to be laid any pipe or watermain to connect with any
pipe or watermain of the water distribution system, or in any way obtain or use
the water without the consent of the Township.
10.7 No person shall use or permit the use of water externally except in accordance
with the regulations set out in this By-law or any other regulation imposed by the
Operating Authority.
11.0 Orders
11.1 If after inspection, an Officer is satisfied that a contravention of this By-law has
occurred, the Officer shall notify the registered owner of the land of the
particulars with a "Notice of Contravention" and/or an "Order to Comply"
pursuant to subsections 444(1) and 445(1) of the Municipal Act, 2001, as
amended, at the same time and provide all occupants with a copy of the notice
and such order shall contain:
11.1.1 the municipal address and the legal description of the land;
11.1.2 reasonable particulars of the contravention;
11.1.3 the period of time within which there must be compliance.
11.2 The Officer, by a written Notice of Contravention and/or an Order to Comply
pursuant to subsections 444(1) and 445(1) of the Municipal Act, 2001, as
amended, may require any person who has not complied with the provisions of
this By-law, or where any authorization for works has been issued on mistaken,
false or misleading information:
11.2.1 to cease all work;
11.2.2 to restore/repair any damages caused;
11.2.3 to do all work necessary to eliminate any hazards resulting from the work
that has occurred.
11.2.4to be responsible for all cost associated with the remedial work. In the
event the cost to repair damages is not paid, the Township will apply the
balance owing to the municipal tax roll.
12.0 Offences
12.1 Every person who hinders or obstructs, or attempts to hinder or obstruct, any
Officer exercising a power or performing a duty pursuant to this By-law is guilty of
an offence as provided in section 426 of the Municipal Act, 2001.
12.2 Every Person who contravenes the provisions of the By-law is guilty of an
offence and liable upon conviction to a penalty as set out in the Provincial
Offences Act, R.S.O. 1990, c. P.33, as amended.
12.3 The conviction of an offender upon the breach of any provisions of this By-law
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.O.2001, c.25, as amended from time to time, shall further apply to
any continued or repeated breach of this By-law.
13.0 Severability
13.1 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 reason, such
provision shall be deemed to be severable and shall not invalidate any of the
other provisions of the By-law, which shall remain in full force and effect.
14.0 Miscellaneous
14.1 If any provision of this By-law is inconsistent with the Municipal Act, the Safe
Drinking Water Act, or any other Act, the provisions of the applicable Act shall
prevail.
14.2 Where the context permits, words importing the singular also include more than
one persons, parties or things of the same kind. Where the context permits,
words importing the masculine gender also include female as well as male.
Schedule'J'to By -Law No. 2016-110
Water
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 "Vacant Lot" means any property not connected to a municipal water system
to which water service is available.
1.7 "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 the owner. The owner will
then be charged at the appropriate water rate, as per Schedule 'J'.
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 The Treasurer shall calculate water charges to be assessed against each unit
and vacant lot in a Municipal Water Area, in accordance with the quarterly
charges 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 or
vacant lot based on the applicable water charge or rate. Water bills shall be
due and payable not less than 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 Centre, 148 Line 7 South, Oro-Medonte, Ontario LOL
2EO, or at most financial institutions. Water payments made at a financial
institution shall be 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 Centre and Moonstone Fire Hall.
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Schedule "J" to By -Law No. 2016-110— 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.
2.7 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 $2.44 per
cubic meter (m3).
3.2 Infrastructure Renewal Charge
Effective January 1, 2016, each unit and vacant lot shall be assessed on
infrastructure renewal charge of $59.00 per quarter ($236 annually).
The Infrastructure Renewal Charge shall increase by $6.00 annually on
January 1 sc 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
b) Horseshoe - Medonte Plan 1531,
M-10, M-11, M-23
$ 200 per quarter ($ 800 annually)
$ 200 per quarter ($ 800 annually)
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
4.2 Includes meter, back flow preventer, angle meter valve, expansion tank, wire
and MXU - $430.00 plus applicable taxes.
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