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Home My WebLink About08 029 Armow Well Co-operative 2008 . . . . THE CORPORATION OF THE MUNICIPALITY OF KINCARDINE BY-LAW NO. 2008 - 029 BEING A BY-LAW TO ESTABLISH FEES AND CHARGES FOR THE ARMOW WELL CO-OPERATIVE WHEREAS Section 8 (1) of the Municipal Act, 2001, S.O. 2001, c. 25, as amended, provides that the powers of a municipality under this or any other Act shall be interpreted broadly so as to confer broad authority on the 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 pursuant to the said Municipal Act, Section 9 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 pursuant to the said Municipal Act, Section 11 (1), (2) and (3) a lower-tier municipality may provide any service or thing that the municipality considers necessary or desirable for the public, subject to certain rules, respecting the health, safety and well-being of persons and the matter of public utilities including water production, treatment, storage and distribution; AND WHEREAS subsection 391 (1) of the said Municipal Act authorizes municipalities to pass by-laws imposing fees or charges on persons for services or activities provided or done by or on behalf of it; AND WHEREAS subsection 1. 2.1 of the said Municipal Act provides that if, under this or any other Act, an amount is given priority lien status, the amount may be added to the tax roll against the property in respect of which the amount was imposed or against any other property in respect of which the amount was authorized to be added by this or any other Act; AND WHEREAS Section 398 of the said Municipal Act provides that fees and charges imposed by a municipality on a person constitute a debt of the person to the municipality and that the treasurer of a local municipality may add fees and charges imposed by the municipality, to the tax roll for the following property in the local municipality and collect them in the same manner as municipal taxes: 1. In the case of fees and charges for the supply of a public utility, the property to which the public utility was supplied. 2. In all other cases, any property for which all of the owners are responsible for paying the fees and charges; AND WHEREAS Ontario Regulation 581/06 provides that fees and charges imposed by a municipality under the said Municipal Act for the supply of water and added to the tax roll under 398 (2) of the Act have priority lien status as described in section 1 of the Act; . . . . Armow Well Co-operative By-Law By-Law No. 2008-029 Page 2 of 5 AND WHEREAS the Armow Well Supply drinking water system is currently classified as a Non Municipal Year Round Residential Drinking Water System under the Ministry of the Environment Drinking Water System Regulation 170103; AND WHEREAS it is intended that the Armow Well Co-operative is to fragment the existing system into a non-regulated Drinking Water System; AND WHEREAS the costs for the Armow Well Cooperative have accrued to October 31st 2007 in the amount of $27,228.00 operating (testing, maintenance etc.) and $17,486.71 for capital with an additional estimated $50,000.00 capital; AND WHEREAS the Council of the Municipality of Kincardine has previously agreed to subsidize the operating costs in the amount of $7,228.00 which results in a flat rate being assessed, per share, to each Armow Well Cooperative user/shareholder in the amount of $1 ,000.00 to cover the balance of the operating costs; AND WHEREAS the Council of the Municipality of Kincardine has previously agreed to subsidize the capital costs for the amount in excess of $22,500.00 which results in a flat rate being assessed in the amount of $2,500.00 for capital costs to each property remaining on the Drinking Water System; AND WHEREAS additional costs for the operation of the Armow Well Cooperative will accrue from November 1 st 2007 forward until such time as fragmentation of the system is finalized in accordance with provincial and municipal regulations and physical disconnection from the system is made by those users not participating in the municipal water supply; NOW THEREFORE the Council of The Corporation of the Municipality of Kincardine enacts as follows: 1. That the costs accrued to October 31, 2007 by the Municipality of Kincardine for the Armow Well Co-operative are $27,228.00 operating and $17,486.71 capital with additional upgrades estimated al.$50,0000.00 2. That $7,228.00 from Ward 1 Water Reserve Fund be applied to operating costs and any amount of capital costs in excess of $22,500.00 be funded from Ward 2 Reserves. 3. That the balance of the operating costs to October 31, 2007 of $20,000.00 shall be assessed as set out in Schedule "A" attached hereto. 4. That the capital costs of $22,500.00 shall be assessed as set out in Schedule "8" attached hereto. 5. That Schedule "A" and Schedule "8" are attached hereto and form part of this by-law. 6. That the said amounts be invoiced as set out in Schedules "A" and "8" due 60 days after invoices are issued. Any outstanding balances after the due date are to be added to the tax roll and collected in the same manner as municipal taxes. 7. That the invoiced amounts shall have priority lien status. 8. Costs incurred on or after November 01, 2007 shall be invoiced to the users/shareholders on a cost sharing basis. .../2 . . . . Armow Well Co-operative By-Law By-Law No. 2008-029 Page 3 of 5 9. That this by-law shall come into full force and effect upon its final passage. 10. That this by-law may be cited as the "Armow Well Co-operative 2008". READ a FIRST and SECOND time this 13th day of February, 2008. l , urro._Q.J~ W~O-e..su----, ;D(Lf:W:t~Sierk . ayor READ a THIRD time and finally passed this 5th day of March, 2008. ;~ ~- ~~r Cle Mayor \. . . . . Armow Well Co-operative By-Law By-Law No. 2008-029 Page 4 of 5 Schedule "A" Operating Costs 911 ROLL NO Leaal Descrintion NO Street Name Fee $ 4108210002224000000 CON 7 PT LOT 15 832 CONCESSION 7 1,000 $ 4108210002177000000 CON 6 PT LOT 16 560 SIDEROAD 15 NORTH 1,000 $ 4108210002239000000 CON 7 PT LOT 17 768 CONCESSION 7 1,000 $ 4108210002176000000 CON 6 PT LOT 16 562 SIDEROAD 15 NORTH 1,000 $ 4108210002227000000 CON 7 PT LOT 15 577 SIDEROAD 15 NORTH 1,000 CON 7WPT LOT 17;RP 3R5319 PARTS 1 $ 4108210002238010000 &5 772 CONCESSION 7 1,000 $ 4108210002234000000 CON 7 PT LOT 16 810 CONCESSION 7 1,000 $ 4108210002237000000 CON 7 PT LOT 16 796 CONCESSION 7 1,000 $ 4108210002169000000 CON 6 PT LOT 15 825 CONCESSION 7 1,000 $ 4108210002227010000 CON7PTLOT15 573 SIDEROAD 15 NORTH 1,000 $ 4108210002180000000 CON 6 PT LOT 16 809 CONCESSION 7 1,000 $ 4108210002171000000 CON6PTLOT15 563 SIDEROAD 15 NORTH 1,000 $ 4108210002232010000 CON 7 PT LOT 16;RP 3R898 PART 1 580 SIDEROAD 15 N 1000 $ 4108210002242000000 CON 7 LOT 18 710 CONCESSION 7 1,000 $ 4108210002183000000 CON 6 LOT 18 TO 19 713 CONCESSION 7 1,000 $ 4108210002178000000 CON 6 PT LOT 16 566 SIDEROAD 15 NORTH 1,000 $ 4108210002179000000 CON 6 PT LOT 16 815 CONCESSION 7 1,000 $ 4108210002232000000 CON 7 PT LOT 16;RP 3R898 PART2 608 SIDEROAD 15 NORTH 1,000 $ 4108210002233000000 CON 7 PT LOT 16 814 CONCESSION 7 1,000 $ 4108210002235100000 CON 7 PT LOT 16 1,000 $ TOTAL 20,000 . . . . Armow Well Co-operative By-Law By-Law No. 2008-029 Page 5 of 5 Schedule "8" Capital Costs Leaal Descriotion 911 ROLL NO NO Street Name Fee $ 4108210002224000000 CON 7 PT LOT 15 832 CONCESSION 7 2,500 SJDEROAD 15 $ 4108210002177000000 CON 6 PT LOT 16 560 NORTH 2,500 $ 4108210002239000000 CON 7 PT LOT 17 768 CONCESSION 7 2,500 SIDEROAD 15 $ 4108210002176000000 CON 6 PT LOT 16 562 NORTH 2,500 SJDERQAD 15 $ 4108210002227000000 CON 7 PT LOT 15 577 NORTH 2,500 CON 7WPT LOT 17;RP 3R5319 PARTS 1 $ 4108210002238010000 &5 772 CONCESSION 7 2,500 $ 4108210002234000000 CON 7 PT LOT 16 810 CONCESSION 7 2,500 $ 4108210002237000000 CON 7 PT LOT 16 796 CONCESSION 7 2,500 $ 4108210002235100000 CON 7 PT LOT 16 2500 $ TOTAL 22,500