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Home My WebLink About14 044 Amendment (2014) to Kincardine Expanded Service Area Water By-law THE CORPORATION OF THE MUNICIPALITY OF KINCARDINE KBT ' .o y ,r , � Nig �gIY OF KMCPo\� O BY -LAW BY -LAW NO. 2014 - 044 BEING A BY -LAW TO AMEND BY -LAW NO. 2005 -142; BEING A BY -LAW TO AMEND THE RULES AND REGULATIONS FOR THE MAINTENANCE AND OPERATION OF, AND CONNECTION TO, THE EXPANDED SERVICE AREA OF THE KINCARDINE WATER TREATMENT PLANT AND TO PROVIDE PENALTIES FOR VIOLATIONS THEREOF WHEREAS the Council of the Municipality of Kincardine passed By -law No. 2004 -55 on April 21st, 2004 being a by -law to enact rules and regulations for the • maintenance and operation of, and connection to, a system of municipal water works for properties and highways contained in the Kincardine Water Treatment Plant Expanded Service Area; AND WHEREAS the Council of the Municipality of Kincardine deemed it advisable to amend the above noted rules and regulations and passed By -law No. 2005 -142 on September 7, 2005; AND WHEREAS Council passed Resolution # 11/06/13 -08 regarding the Kincardine Shoreline Pipeline Debt which directed staff to prepare necessary documentation to implement Option 2 (Mandatory payment only (no requirement to connect)) as set out in Treasurer's Report No. THE 2013 -17; AND WHEREAS Council deems it advisable to amend By -law No. 2005 -142 to implement the above noted option; NOW THEREFORE the Council of The Corporation of the Municipality of Kincardine ENACTS as follows: 1. That By -law No. 2005 -142 be amended to include Schedule "E ", Amended Pipeline Capital Charges. 2. That Section 1 be amended to include: cc) "Farm Properties" shall mean all Benefiting Water Properties without a Residential Tax Class (RT) assessment that have been assessed under the Farm Property Class (FT) for taxation purposes, as provided by Section 7(1) of the Assessment Act and defined by the Minister of Finance in Ontario Regulation 282/98. 3. That Section 29 be renumbered to 29 (a) and that the following be added: b) As of July 2, 2014, all Benefiting Water Landowners of Optional Hookups who have not paid the capital costs or have not yet connected to the Water Works System shall be required to pay the Pipeline Capital Charges as set out in Schedule "E ". c) Benefiting Water Landowners of Optional Hookups as per • subsection 29 (b) shall be provided with the following payment options: i) Single lump sum payment due 30 days after the invoice is issued in July 2014; or Page 2 Amendment (2014) to Kincardine Expanded Service Area Water By -law By -law No. 2014 - 044 ii) Financing through the Municipality amortized over 10 years. Written notification from the Benefiting Water Landowners must • be received prior to June 1, 2014 if the financing option is chosen. The interest rate shall be calculated using Infrastructure Ontario's 10 -year posted lending rates as at July 02, 2014, plus 1 %. d) All Farm Properties would be exempt from the provision in Section 29(b). e) All Benefiting Water Landowners that have paid a premium on the pipeline capital charge according to subsection 29(a) and as per Schedule "B' shall be entitled to a refund of the premium amount paid without interest. 1 4. That Section 40 be renumbered to 40(a) and that the following be added: b) All Benefiting Fire Landowners of Vacant Land who have not paid the Fire Capital Charge or the Contribution to the Kincardine Water Reserve Fund as of July 2, 2014 shall be required to pay these costs in accordance with Schedule "E ". Payment of these costs will • consist of a single lump sum payment and shall be due 30 days after the invoice is issued in July 2014. 5. That Section 41 be amended by deleting and replacing Fire ERUs and Price per Fire ERU as follows: Fire ERUs 1.083 Price per Fire ERU $379. 6. That section 42 be deleted and replaced with : Lots severed on or after the January 1, 2005 from a Benefiting Water Property in existence as of December 31, 2004 shall be required to connect to the Water Works System. The Benefiting Property Owner shall be required to pay in accordance with Schedule E. Payment of these costs will consist of a single lump sum payment and must be paid at the time of severance. 7. That Section 43 be deleted and replaced with: Should a well in existence on a Benefiting Water Property which • was an Optional Hook -up, be damaged or unable to maintain a supply of potable water, connection to the Water Works System shall be mandatory (excluding Farm Properties, defined in Section 1). The Benefiting Property Owner shall be required to pay prior to connection of the Private Water Service to the Premises in accordance with Schedule "E ". Payment of these costs will consist of a single lump sum payment. 8. That Section 44 be amended by deleting "Schedule "B" from s. b(i) and replacing it with "Schedule "E" and deleting s. b(iv) and b(v). 9. That Section 47(b) be amended by deleting "Municipality's Public Works Committee" and replacing it with "Council of the Municipality of Kincardine ". 10. This By -law shall come into full force and effect upon its final passage. 11. This By -law may be cited as the "Amendment (2014) to Kincardine Expanded Service Area Water By -law ". READ a FIRST and SECOND TIME this 9th day of April, 2014. III READ a THIRD TIME and FINALLY PASSED this 9th day of April, 2014. 0 r de& ‘ �4.- A 1 *a tt. I& i 1 wir Mad .• I-NI Clerk Page 3 Amendment (2014) to Kincardine Expanded Service Area Water By -law By -law No. 2014 0 SCHEDULE "E" A mendment to Expanded Service Area Water By Law "Amended Pipeline Capital Charges" Principal CPI Total Pipeline Capital Cost $5,802.00 $1,158.61 $6,960.61 Fire Protection Capital Cost $379.00 $75.68 $454.68 Contribution to Reserve Fund $300.00 Final Total Fee $7,715.29 III • III Page 3 Amendment (2014) to Kincardine Expanded Service Area Water By -law By -law No. 2014 - 044 SCHEDULE "E" Amendment to Expanded Service Area Water By -Law "Amended Pipeline Capital Charges" Principal CPI Total Pipeline Capital Cost $5,802.00 $1,158.61 $6,960.61 Fire Protection Capital Cost $379.00 $75.68 $454.68 Contribution to Reserve Fund $300.00 Final Total Fee $7,715.29 • • •