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unofficial consolidation, the official version is held by the municipal clerk.
(iii)
"capital cost" means the cost of constructing the upgraded water
works, inclusive of all items of cost usually and properly chargeable
(ii)
"immediate benefit" means the benefit that accrues and is derived or
derivable immediately upon completion of the water works to those
owners or occupants ofland;
(i)
"benefit" means a benefit accruing to owners or occupants of land
serviced by the municipal water works and which benefit is derived
or derivable from the construction of the water works;
1.
In this By-law:
PART I - Definitions
/
\
NOW THEREFORE the Council of the Corporation of the Town of Mono enacts as
follows:
AND WHEREAS the Council of the Corporation of the Town of Mono has deemed it
desirable to impose water works rates, as set by this By-law, for the capital cost of the
upgraded Town water works against the benefiting lands as defined by this By-law;
AND WHEREAS the Council of the Corporation of the Town of Mono is authorized
under s. 222 of the Municipal Act R.S.O. 1990 c. M. 45, as amended, to require owners of
buildings in a defined area within the municipality to connect to water works of the
municipality;
AND WHEREAS the Council of the Corporation of the Town of Mono is authorized
under s. 221 of Municipal Act R.S.O. 1990 c. M. 45, as amended, to impose water rates
sufficient to pay for all or a portion of the capital cost of the municipal water works upon
owners or occupiers of land who derive a benefit from the water works;
AND WHEREAS the Town of Mono is required to connect the Coles Subdivision and
Purple Hill water systems in accordance with Certificate of Approval Number 6059-
5BQR6B dated August 2, 2002 for the Purple Hill water system;
AND WHEREAS the Town of Mono is proceeding to implement the recommendations of
the Phase 1-2 Class EA for the Determination of Water Supply Delivery study dated
March 2001, including the connection of the Coles Subdivision and Purple Hill water
systems;
AND WHEREAS the Town of Mono undertook an environmental assessment pursuant to
the Environmental Assessment Act, R.S.O. 1990 c. E. 18, as amended, to rationalize the
operations of the existing municipal water works, known as Cardinal Woods, Coles
Subdivision, and Purple Hill water systems, including consideration of alternative methods
to provide water service in a cost effective manner;
WHEREAS the Drinking Water Protection Regulation 459/00, as amended, made
pursuant to the Ontario Water Resources Act, R.S.O. 1990, c. 0.40, as amended, requires
that municipalities evaluate their existing municipal water works and upgrade their
infrastructure in accordance with new provincial standards;
A BY-LAW to impose water works rates to recover the capital cost of construction and
installation of upgraded municipal water works in the Town of Mono to meet Provincial
requirements.
BYLAW NUMBER 2002-52
THE CORPORATION OF THE TOWN OF MONO
1
5.
The water works rate imposed by this By-law shall be imposed upon the owners or
occupants of each residential and non-residential parcel of land or lot, as the case
4.
The water work rates imposed by this By-law shall be upon the residential and non-
residential lands set out in Schedules "B-1" and "B-2", attached hereto, and such
lands are deemed to derive both a benefit and immediate benefit from the water
works.
PART III - Administration
.
\
For the purpose of paying for part or all (as the case may be) of the cost of
the upgraded water works, the Town Treasurer is authorized to take all
necessary steps required to finance the cost of the upgraded water works
including the issuing of debentures and/or borrowing and certifications as
may be required or permitted by law.
3.
2.
The undertaking of the upgraded water works listed as the OST AR Projects
at the estimated cost set forth in Schedule "A" attached hereto, is hereby
authorized.
PART II- Construction of Works and Financing
(ix)
"water works rate" means a charge for the capital cost of the
upgraded water works.
(viii)
"upgraded water works" means the capital improvements
to the
existing municipal water works, including the improvements to the
works for the collection, production, treatment, storage, supply or
distribution of water, and any part of such works, and includes the
description of the OS TAR projects as set out in Table 4-1 a of the
Addendum Report dated November, 2002 of the Water Long Term
Financing Analysis, and which table is attached as Schedule "A" to
this By-law;
(vii)
"residential"
means
parcel or lot, and includes
the buildings
appurtenant thereto,
occupied or capable of being occupied as the
home or residence of one or more persons.
Residential includes
those lands designated, zoned and used for residential purposes, and
includes any legal non conforming residential uses;
(vi)
"non-residential" means parcel or lot, and includes the buildings or
structures appurtenant thereto, not occupied or capable of being
occupied in whole or in part for human habitation. Non-residential
includes those lands designated, zoned and used for commercial,
industrial and institutional purposes, and includes any legal non
conforming commercial, industrial and institutional uses;
(v)
"municipal
water works" means the municipal
works for the
collection, production, treatment, storage, supply or distribution of
water, and any part of such works, and includes the existing water
works owned and operated by the Town of Mono, collectively being
the Cardinal Woods, Purple Hill and Coles Subdivision
water
systems, and includes the upgraded municipal water works;
(iv)
"capital improvements"
means an addition to or an extension,
enlargement, alteration,
replacement or other improvement
of a
work of such nature or character that it is usually and properly
accounted for as a capital asset;
to capital account,
together with the interest payable on the
financing for the works;
2
13.
For each new residential connection to the municipal water works for lands outside
Schedules "B-1" and "B-2" (and provided such connections are not subject to
agreements required under the Planning Act, R.S.O.
1990, c. P. 13, as amended,
including
subdivision
agreements,
development
agreements
et
al.),
the
"Residential" "Total Section 221 charge" set out in Schedule "C" attached hereto,
shall be paid prior to connection.
For any other residential connection and/or non-.
residential connection for lands outside Schedules "B-1" and "B-2", conditions of
approval together with subdivision and/or development agreements, or any other
If a new residential part or parcel of land is created or if a new residential accessory
unit is legally established within the lands shown on Schedules "B-1" and "B-2",
and irrespective of whether a water works rate has been previously paid under this
By-law, the owner or occupier shall be liable to make payment of the "Residential"
"Total Section 221 charge" as set out in Schedule "C".
If a new non-residential
part or parcel of land is created within the lands shown on Schedules "B-1" and "B-
2", all outstanding "Non-Residential Properties" "Total Section 221 charge" set out
in Schedule "C" applicable to the property being divided (including the remnant
part or parcel) shall be payable. Notwithstanding section 9, such payment shall be
made prior to the land division being final, or the accessory unit being occupied, as
the case may be.
12.
The water works rate shall be payable by an owner or occupier under this By-law
for the upgraded water works, notwithstanding any other payments or contributions
made by the owner or occupier towards the municipal water works.
11.
10.
At the option of the owner or occupant as the case may be, the owner or occupant
may on or before March 14, 2003, notify the Clerk of the Town in writing that the
owner or occupant chooses to commute the water works rate for cash payment(s) in
accordance with the terms found in Schedule "C", that is to pay the "Total Section
221 charge" (without interest being accrued) in the calendar year 2003.
Such
"Total Section 221 charge" shall be apportioned on the 2003 water bills to be paid
as part of the water bills, unless the cash payment is received in full by the Town
on or before March 14, 2003.
9.
The "annual section 221 charge" as listed on Schedule "C" shall be applied to the
water bills rendered by the Town to the owners or occupants for a period of 10
years in accordance with the terms found in Schedule "C".
The annual charge
shall be divided and apportioned across the water bills issued by Town each year so
that the total paid each year equates to the "annual section 221 charge.
However,
should the owner or occupant give notice as set out in section I 0 below, then that
section governs the billing of the section 221 charge.
Should no such notice be
given in accordance with that section, then the owner or occupant is deemed to
have chosen not to commute the value.
8.
All owners or occupants, as the case may be, of the lands as shown on Schedules
"B-1" and "B-2" shall receive municipal water bills.
The water works rate shall be
applied to the water bills, shall be first billed at the time of the issuance of the next
municipal water bill and shall be shown as a separate charge. The quantum of the
charge shall be in accordance with the terms of section 9 or section 10, as the case
maybe.
7.
The non-residential rate shall be imposed upon the owner or occupants of each non-
residential parcel of land or lot, as the case may be, in accordance with the per
hectare rate set out in Schedule "C" and as identified by the assessment roll no.
assigned to that parcel of land or lot as of the date of passage of this By-law.
6.
The residential rate shall be imposed on the owners or occupants of each residential
parcel or lot as the case may be within the areas denoted on Schedules "B-1" and
"B-2".
may be, in accordance with the terms set out in Schedule "C", to recover the capital
cost of the upgraded water works.
3
.
r
.1
~(~
IJOhtlCreelman --
Mayor
'
By-law read a third time on this 1011i day of December, 2002.
By-law read a first and second time on this IO'h day of December, 2002.
19.
This By-law shall come into force on 10t1\ day of December, 2002.
18.
Where the owners of buildings situated on lands within Schedules "B-1" and "B-2"
are notified by the Town that they are required to connect to the municipal water
system and should the owners fail to do so within nine months after being so
notified, the Town may install the connection at the owner's expense and recover
the cost by action or in like manner to municipal taxes.
17.
Owners of buildings situated on lands within Schedules "B-1" and "B-2" shall
connect to the municipal water system and said connection shall be made at the
owner's expense. The establishment of private wells to service such buildings is
prohibited within the lands on Schedules ''B-1" and "B-2";
16.
The water works rate provided in this By-law shall not include localized works to
connect or to service individual properties.
PART IV - Connections to Water Wm·ks
15.
The water works rates imposed by this By-law are a lien and charge upon the land
upon which the said rates are imposed, and if the said rates or any part thereof
remain unpaid after the due date, the Clerk may enter upon the collector's roll the
amount due, by whom it is due and the land upon which a lien is claimed and the
tax collector shall proceed to collect it in the same way as municipal taxes are
collectable.
14.
The rates imposed by this By-law shall be separate from and in addition to any
other rates that the Town may be authorized by law to impose with respect to the
cost of construction of water works, the cost of connecting to the works, the
operation, maintenance, and repair of the works or the supply of water, and is in
addition to the fees, rates and requirements of Town of Mono By-law No. 2002-22,
as amended.
agreements under the Planning Act, R.S.O.
1990 c. P. 13, as amended, shall require
the construction of infrastructure and/or payment of contribution to the municipal
water works on such terms as Council may so determine. Such payments,
construction of infrastructure or contributions set out in this section are in addition
to those fees, rates and requirements set out in section 14 below, including Town of
Mono By-law No. 2002-22 as amended.
4
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SCHEDULE "B .. 111 TO BYLAW NUMBER 2002- SZ
SCHEDULE "B--211 TO BYLAW NUMBER 2002-SZ
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1 Calculated assuming 6% interest rate and 10-year term.
Lot Size in
Total s.221
Total s.221
Annual'
Charge per
Annual'
Roll#
Hectares
Hectare
Charge
s.221
s.221
(rounded to 2
(rounded to
(rounded to
Charge per Charge($}
decimals)
nearest$)
nearest$)
Hectare($)
COLES SUBDIVISION
22-12-000-005-23900-0000
1.49
$4,049
$6,033
$550.18
$819.77
22-12-000-005-23905-0000
0.69
$4,049
$2,794
$550.18
$379.62
22-12-000-005-23915-0000
2.51
$4,049
$10,163
$550.18
$1,380.95
22-12-000-005-23920-0000
0.63
$4,049
$2,551
$550.18
$346.61
22-12-000-005-23925-0000
0.43
$4 049
$1,741
$550.18
$236.58
22-12-000-005-23930-0000
0.47
$4,049
$1,903
$550.18
$258.58
22-12-000-005-23935-0000
1.18
$4,049
$4,778
$550.18
$649.21
22-12-000-005-23940-0000
1.36
$4,049
$5,507
$550.18
$748.24
22-12-000-005-23951-0000
-
0.89
$4 049
$3,604
$550.18
$489.66
22-12-000-005-23957 -oooo
0.66
$4,049
$2,672
$550.18
$363.12
22-12-000-005-23960-0000
0.40
$4,049
$1,620
$550.18
$220.07
22-12-000-005-23965-0000
0.61
$4,049
$2,470
$550.18
$335.61
22-12-000-005-23975-0000
2.92
$4,049
$11,823
$550.18
$1,606.53
22-12-000-005-24010-0000
0.54
$4 049
$2,186
$550.18
$297.10
-·-
--
22-12-000-005-24015-0000
0.54
$4,049
$2,186
$550.18
$297.10
~-
22-12-000-005-24020-0000
0.54
$4,049
$2,186
$550.18
$297.10
22-12-000-005-24025-0000
0.55
$4,049
$2,227
$550.18
$302.60
-·
22-12-000-005-24030-0000
0.53
$4,049
$2, 146
$550.18
__ $291.6Q__
·-----
22-12-000-005-24035-0000
0.54
$4,049
$2, 186
$550.18
$297.10
22-12-000-005-24040-0000
0.54
$4,049
$2, 186
$550.18
$297.10
-
22-12-000-005-24045-0000
0.54
$4,049
$2186
$550.18
$297.10
-
CARDINAL WOODS SUBDIVISION
22-12-000-006-04 700-0000
3.78
$4,049
$15,305
$550.18
$2,079.68
22-12-000-006-04800-0000
5.82
$4,049
$23,565
$550.18
$3,202.05
SUMMARY OF EXISTING NON-RESIDENTIAL PROPERTIES
AND CORRESPONDING S.221 CHARGE
1 Calculated assuming 6% interest rate and 10-year term.
Charge per
Description
Residential
Lot
Total s.221 charge
$1,521
Annuals.
221 charge
1
$206.66
SUMMARY OF RESIDENTIAL
S.221 CHARGE
SCHEDULE "C"