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Home My WebLink About04 069 sewers queen street e e e e TIlE CORPORATION OF TIlE MUNICIPALITY OF KINC INE NO. 2004 - 69 BEING A BY·LAW TO ESTABLISH A SEWAGE SUFFICIENT TO PAY FOR THE CAPITAL COSTS F THE SEWAGE WORKS AND A SYSTEM FOR THE COll CTION OF THE SAID RATE FOR CERTAIN BENEFITI G LANDOWNERS IN THE MUNICIPALITY OF KINCA DINE WHEREAS the Municipal Act, 2001, S.O. 2001, c. 25, Sections and 9 (1) provide municipalities with powers of a natural person to enable them to g em their affairs as they consider appropriate under this or any other Act; AND WHEREAS the Municipal Act, 2001, 5.0. 2001, c. 25, Section 11 (2) provides that lower-tier municipalities may pass by-laws within the sphere of j risdiction of public utilities which includes the collection and treatment of sanitary sewag ; AND WHEREAS the Muncipal Act 2001, 5.0. 2001, c. 25, Section 1 (1) defines a public utility as including a system that is used to provide sewage services f r the public; AND WHEREAS the Council for the Municipality of Kincardine d ems it desirable to provide for the installation of sewer connections to certain residents n Queen Street, to determine a sewage rate sufficient to pay for the applicable capi I costs and set out payment arrangements for the said sewage rate; AND WHEREAS the Municipal Act, 2001, 5.0. 2001, c. 25 Section 91{a) provides that a Municipality may pass by laws imposing fees or charges on any lass of persons for services or activities provided or done by or on behalf of it; AND WHEREAS the Municipal Act, 2001, 5.0. 2001, c. 25, Section 96(1) provides that a by law imposing fees or charges may provide for: (a) interest charges and other penalties, including the payment of collection costs, for fees and charges that are due and unpaid; (b) discounts and other benefits for early payments of fees and c arges; (c) fees and charges that vary on any basis the Mun cipality consider appropriate and specifies in the by law, including the lev I or frequency of service or activity provided or done, the time of day or of ar the service or activity is provided and whether the class of persons paying the fee or charge are residents or non-residents of the Municipality; (d) different classes of persons and deal with each class in a diff rent way; and .. ./2 e By-law 2004 - 69 Queen Street North Sewer Lateral Connection By law Page 2 (e) the exemption, in whole or in part, of any class of persons frqm all or any part of the by-law; , I , AND WHEREAS the Municipal Act, 2001, 5.0. 2001, c. 25, Section ~98(1) provides that fees and charges imposed by a Municipality on a person constitute ~ debt of the person to the Municipality; : i AND WHEREAS the Municipal Act, 2001, c.25, s398 (2) provides th* the Treasurer of a Municipality may add fees and charges to the tax roll of the property to which the public utility was supplied and collect them in the same manner as municip~1 taxes. , AND WHEREAS the Council for the Municipality of Kincardine enac~ed By-law #2002 - 181, the "Consolidated Waste, Sewer and Water Rates and Fees By-law, 2002" setting sewer rates for the Municipality of Kincardine. ' I , , AND WHEREAS the Council for the Municipality of Kincardine enapted By-law #2003- 105, the "Consolidated Sanitary Sewer and Water Capital Charg,s Rates and Fees 2003 By-law" setting rates and fees for sanitary sewer capital charge~. e NOW THEREFORE the Municipality of Kincardine enacts as follows: I I DEFINITIONS 1. In this by-law: 1.1 "benefiting properties" shall mean those Schedule "A" to this by-law. , , i I I , I prope~ies as defined in 1.2 "Municipality" shall mean The Corporation of lhe Municipality of Kincardine. 1.3 , "Landowners" shall inciude any person, persons, ~rporations or other entity that is the registered owner of the property un er consideration or any agent thereof, a person entitled to a limited estat in land, a trustee in whom land is vested, a committee of the estate of a entally incompetent person, an executor, an administrator or a guardian. e , APPLICATION I 2. No person shall make any connection to the Municipality's slwer Works System without first having obtained a permit from the Municipality's ~uilding Department and such permit shall be called the "Plumbing Permit". ' 3. The Municipal Treasurer is hereby authorized by the Municipali~ to act on its behalf in respect to the entirety of this by-law. ' CAPITAL COSTS AND RESERVE FUNDS 4. The sewage works have been installed at a cost of Seventy t~ousand six hundred eighty-three dollars and sixty-nine cents ($70,683.69) including <pST. i 5. The equivalent residential unit charge to the landowners of e~ch of the benefiting properties shall be Three thousand three hundred sixty-five dollars and eighty nine cents ($3,365.89.) and this charge shall be paid by those Landoymers in accordance with the provisions of this by-law. ' e .. ./3 By-law 2004 - 69 Queen Street North Sewer Lateral Connection By law Page 3 I I 6. The landowners of benefiting properties shall pay a contribution~o capital relating to existing sewage works from which these owners also derive a b nefrt in accordance with the charge stated in the Consolidated Fee By-law in exist nee at the time of their connection to the Municipal Sewage System. ' 7. The landowners of benefiting properties shall pay a contributio~ to the Kincardine Sewer Reserve Fund equal to the current equivalent residential unit balance in the Kincardine Sewer Reserve Fund at the time of connection to the ~unicipal Sewage. ¡ 5, 6 and 7 shall be du~ and payable at the e 8. The charges imposed under paragraphs following times: (a) e (b) , ¡ Where a benefiting landowner connects to the Munici~al Sewage System on or before May 31, 2004, they shall have the o~tion of paying the charges (1) in one lump sum on or before May 31, 2004 or I (2) Two thousand five hundred dollars ($2,500.0q) by May 31. 2004 and the remaining Two thousand four hundre~ fifteen dollars and forty-four cents ($2,415.44) by May 31, 005 with interest calculated from June 1, 2004 at the rate of 4.50 annually. , Where a benefiting landowner connects to the Munici~al Sewage System on, June 1, 2004 or after, at the time of connection. I~terest calculated at the rate of 4.5% annually shall be added to the proporitionate share of the capital costs imposed under paragraph 5 beginning, J~ne 1, 2004. 9. Expenditures made by the Municipality and not yet funded by ~he ratepayers shall be funded from the Kincardine Sanitary Sewer Reserve Fund. As payments are received from the ratepayers, they shall be credited to the Sani ry Sewer Reserve Fund. ¡ 10. The Treasurer of the Municipality may add any charges implsed by this by-law which are not paid by the due date to the tax roll of the prope;;J' to which the pUblic utility was supplied and collect them in the same manners as muricipal taxes. 11. This by-law shall come into full force and effect upon its final pasþage. 12. This by-law may be cited as the "Queen 51. North Sewer Lateral ¡Connection 2004 By-law. ; I I READ a FIRST, SECOND and THIRD TIME and FINALLY PASS~D this 19th day of May, 2004 e ßJ¿J. ~ Mayor / e By-law 2004 - 69 Queen Street North Sewer Lateral Connection By-law Page 4 Roll Number 4108-210-004-029000000 4108-210-004-030000000 4108-210-004-031000000 4108-210-004-033000000 4108-210-004-033010000 4108-210-004-034000000 4108-210-004-036000000 4108-210-004-037000000 4108-210-004-038000000 4108-210-004-039000000 4108-210-004-040000000 Schedule A Benefiting Properties Municipal Address West Side of Queen St North 38 Queen St. North 37 Queen St. North 36 Queen St. North 35 Queen St. North 34 Queen St. North 33 Queen St. North 32 Queen St. North 31 Queen St. North 30 Queen St. North 29 Queen St. North 28 Queen St. North Registered Owner as of Aprill, 2004* Marjorie Kirkconnell 38 Queen St. North Kincardine, Ontario N2Z 1 G4 Aldo P. Hartwick C/O Trillium Court 550 Philips Place Kincardine, Ontario N2Z 3A6 Kari D. McCormick 36 Queen St. North Kincardine, Ontario N2Z 1 G5 Harley Robb Hodgins 35 Queen St. North Kincardine, Ontario N2Z 1 G5 Edward Ernest Owens 34 Queen St. North Kincardine, Ontario N2Z 1 G6 Christopher Edward Hartwick 33 Queen St. North Kincardine, Ontario N2Z 1 G6 David S. Morin 32 Queen St. North Kincardine, Ontario N2Z 1 G6 David Edwin Smith 31 Queen St. North Kincardine, Ontario N2Z 1 G6 Gordon Harris 335 Mechanics Lane Kincardine, Ontario N2Z lX9 Henry John Webb 17 Inverness St. N. Kincardine, Ontario N2Z U5 Arthur Turland 28 Queen St. North Kincardine, Ontario N2Z 1 G8 By-law 2004 - 69 Queen Street North Sewer Lateral Connection By-law Page 5 4108-210-004-042000000 27 Queen St. North Dominic Iafrate 700 Wilson Road N. Apt 1403 Oshawa, Ontario Ll G 2T5 4108-210-004-043000000 26 Queen St. North Marie Patricia Crow 26 Queen St. Kincardine, Ontario N2Z 1 G8 4108-210-004-044000000 25 Queen St. North Joseph Roger Thomson 33 Boiler Beach Road Kincardine, Ontario N2Z 2L6 4108-210-004-045000000 24 Queen St. North George L. Conway 24 Queen St. North Kincardine, Ontario N2Z 1 G8 4108-210-004-062000000 22 Queen St. North Rose Bourne 22 Queen St. North Kincardine, Ontario N2Z 1 G8 4108-210-004-063000000 21 Queen St. North Estate of David Remington 21 Queen St. North Kincardine, Ontario N2Z 1 G9 4108-210-004-064000000 20 Queen St. North James Victor Shepherd 20 Queen St. North Kincardine, Ontario N2Z 1 G8 East Side of Queen St. 4108-210-004-051000000 319 Parker St. Ronald Grant Frook 39 Queen St. North Kincardine, Ontario N2Z 1 G5 4108-210-004-050000000 40 Queen St. North Harold Harris Murray 40 Queen St. North Kincardine, Ontario N2Z 1 G4 4108-210-004-049000000 7 Mount F orest Avenue Daniel Marlin Showalter 988 MacPherson Cres Kincardine, Ontario N2Z IM4 * The fees and charges provided for in this by-law shall be paid by the owner of the benefiting property at the time of connection to municipal services or as otherwise provided in this by-law.