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HomeMy WebLinkAboutTimes-Advocate, 1986-08-27, Page 20Pogo 8A Times -Advocate, August 2/, 1986 Th. Consolidated Hearings, Act, 1901 Lot d. 1981 auNmsrarn' sur to joncrton des enquetes Ontario ?II. CH -85-03 NOTICE OF HEARING PROPOSED WATER WORKS PROJECT FOR THE EAST LAMBTON AREA WATER SUPPLY SYSTEM IN THE MATTER OF the Consolidated Hearings Act (S,O. 1981, c. 20) —and — IN THE MATTER OF Section 43 of the Ontario Water Resources Act (R.S.O. 1980, c. 361) -- and — IN THE MATTER OF Section 64 of the Ontario Municipal Board Act (R.S.O, 1980, c. 347) — and — IN THE MATTER OF Sections 210 (paragraph 51) and 218 of the Municipal Act (R.S.O. 1980, c. 302) — and — IN THE MATTER OF an undertaking by: The Corporation of the Township of Sarnia The Corporation of the Town of Forest The Corporation of the Village of Watford The Corporation of the Village of Wyoming The Corporation of the Township of Plympton The Corporation of the Township of Bosanquet and The Corporation of the Township of Warwick acting jointly, for the planning, design and construction of watermains on certain municiapl road allowances within such municipalities which comprise the East Lambton Area Water Supply System, involving the considera- tion of certain by-laws authorizing the contruction of watermains, the imposition of water rates and connection charges, and the entering of agreements to provide for the development of an area water scheme. NOTICE OF HEARING TAKE NOTICE THAT the Joint Board hereby appoints TUESDAY, the 16th day of SEPTEMBER, 1986, at 10:00 a.m. for the commencement of a hearing of any submissions concerning the approval of the necessary bylaws, amended in accordance with the Joint Board's In- terim Decision dated June 5, 1986, to establish a water works rate structure for the: Township of Sarnia Town of Forest Township of Plympton Township of Bosanquet, and the Township of Warwick, all annexed hereto as Appendices "A" to "H" to this Notice of Hear- ing, at the: Municipal Offices of the Township of Sarnia 2109 London Road Sarnia, Ontario DATED AT TORONTO THIS 31ST DAY OF JULY, 1986 Yvonne T. Fernanades Hearings Registrar Office of Consolidated Hearings 5th Floor 1 St. Clair Avenue West Toronto, Ontario M4V 11(6 APPENDIX A THE CORPORATION OF THE TOWNSHIP OF SARNIA COUNTY OF LAMBTON BY-LAW #68 OF 1986 Being a By -Law to establish a Water Works Rate Structure. WHEREAS The Corporation of the Township of Sarnia (the' Municipali- ty") has entered into or proposes to enter into an agreement with Her Majesty the Queen in Right of Ontario os represented by the Minister of Environment for the supplyiing of water to the Municipality: . AND WHEREAS it is deemed desirable by the Municipality to pay for a portion of the capitol cost of the water works by imposing a metre frontage rate as a water works rate upon the owners or occupants of the land who will or may receive a benefit from the water works. NOW THEREFORE THE COUNCIL OF THE MUNICIPALITY ENACTS AS FOLLOWS: 1. A metre frontage rate is hereby imposed as a woter works rate upon the owners or occupants of lands which front or abut Kings Highway No. 7 within the area identified as "Lands To Be Included in Water Area No. 1 by By -Law No. 68 of 1986" on Schedule A hereto. 2. The water works rate shall be an annual charge and shall be im- posed for a period of Ten years commencing in the year in which the water works to service the property are put into service. 3. (o) The water works rote shall be an annual metre frontage rate on eoch lot of $1035.00 per metre divided by the frontage of the lot; or at the option of the person liable therefore, the water works rate may be commuted as a flat charge of $5848.00 per lot and shall be due and payable in the calendar year in which the first annual payment would otherwise be due. (b) Where a lot has' more than one building the water works rote shall be an annual meter frontage rate on each lot of $1035.00 per meter divided by the frontage of the lot multiplied by the number of buildings; or at the option of the person liable therefore, the water works rate may be commuted on a flat charge of $5848.00 per lot multiplied by the number of buildings and shall be due and payable in the calendar year in which the first annual payment would otherwise be due. (c) In this By -Law "building means a building which: (i) is locoted on property described in Schedule "A" attached hereto; (ii) is locoted on o parcel of land abutting on a public highway or street in which a water works is located or a parcel of land not more than one foot from a public highway or street in which a water works is located, and 1. contains, or is required by any other by-law, regulaton or statute to contain any sleeping, eating or food preparation facilities, or 2. contains or is required by any other by-law, regulation or statute to contain any washing or toilet or cleaning facilities, or 3. is connected, or is required by any other by-law, regulation or • statute to be connected, to a water supply, or water works, or 4. is connected or is required by any other by -low, regulation or statute to be connected, to a drain or sewage works. or 5, which is a source of sewage; other than a barn used for agricultural purposes and which con- tains no sleeping occommodotion for persons; 4. In the case of corner Tots at the junction or intersection of streets or highways, or in the case of triongluar or irregularly shaped lots, there shall be o frontage charge imposed on a fair and equitable basis so that each lot will not be effectively charged for more than one annual metre frontage rate nor less than one annual metre fron- tage rote as contemplated inparagraph3 (a) herein. 5. Where a lot, other than a corner lot, has two limits that abut on streets described in paragrach 1 herein and the size one nature of the lot is such that any or all of the works in such streets are not required, a reduction in respect of the works that are not required so long as they are not required, may also be made in the metres on which the rote is charged, sufficient to adjust its annual metre frontage rate on a fair and equitable bosis so that one annual metre frontage rate, as comtemploted in paragraph 3(a) = herein, is im- posed on each frontage on a street in which any of the works are required and there shall be no charge imposed with respect to the frontage on a street in which none of the works are required pro- vided that the number of streets in which the works are required shall not be reduced to less than one for any lot. 6. The reductions shall be made by deducting from the total frontage of the lot liable to the annual metre frontage rate so much thererof as is sufficient to moke the proper reduction, but the whole of the lot shall be charged with the annual metre frontage rote os so reduced. 7. In the event any lot vyhich abuts on the streets or portion of the streets set out in paragraph 1 hereof is subdivided, either by Registered Plan of Subdivision or severance, a further water works rate of $5848.00 per metre divided by the frontage of the additional lot or Tots for each lot so subdivided is imposed payable either on or before registration of the Plan of Subdivision or on or before any consent becomes final and binding provided where an additional lot has o building located on it with respect to which a frontage rote hos been imposed under clause 3(b) it shall not be treated os an additional lot for purposes of this section. 8. In the event any property owner wishes to hove the water system extended so as to service his lands, the following shall apply; a) The extension of the water system shall first be approved by coun- cil provided that Council shall, in its sole discretion, first deter• mine whether there is sufficient capacity to service the proposed extension. (b) All engineering drowings relating to the extension must first be approved by the Municipality's Engineer and inspected by the Municipality's Engineer from time to time. a (c) The proporty owner shall tsxecute an Agreement with Municipality agreeing that any engineering fees incurred by the Municipality as o result of the proposed extension shall be paid by the pro- perty owner. (d) Said Agreement shall also require the property owner to pay the total capital cost of the extension together with the total cost of the connection, said connection charge being payable prior to the commencement of any work. 9. (o) Schedule A attached hereto forms a part of this By -Law. (b) Water Area No. 1 of Sarnia Township is enlarged to include all the lands designated as being within Water Area No. 1 on Schedule A. (c) Water Area No. 1 is designated as the land for which owners or occupants are made liable for the water works rates as set forth in this By -Law. 10. This By -Law shall not take effect until the.approval of the Ontario Municipal Board has been obtained. READ A FIRST AND SECOND TIME AND PROVISIONALLY PASSED THIS 11TH DAY OF AUGUST 1986. Raymond Whitnall REEVE Terry McCallum DEPUTY CLERK READ A THIRD TIME AND PASSED THIS REEVE THIS IS SCHEDULE A TO BY•LAW.NO. 68 OF 1986 — LIMIT OF WATER AREA No. 1 >3 LANDS TO BE INCLUDED IN WATER AREA No. 1 BY -BYLAW NO. 68 OF 1986 OWNSHIP OF SARNIA. WIR- odhoL APPENDIX B THE CORPORATION OF THE TOWNSHIP OF SARNIA BYLAW NO. 69 OF 1986 A by-law to provide for a connection charge. WHEREAS The Corporation of the Township of Sarnia has entered into or proposes to enter into an agreement with Her Majesty The Queen In Right of Ontario as represented by the Minister of the Environment for the supplying of water for a portion of the municipality. AND WHEREAS it is deemed desirable by The Corporation of the Township of Sarnia (the municipality) to impose a rate upon the owners or occupants of land to which a water service connection will be pro- vided and who will or may derive a benefit from the water works to be constructed by the Ministry of the Environment. NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE TOWNSHIP OF SARNIA ENACTS as follows: 1, A rate is hereby imposed upon owners or occupants of lands within the area identified as "Lands To Be Included In Water Area No. 1 By By -low No. 68 of 1986" on Schedule A hereto for which a water service connection is installed from the line of the highway to the water works main provided and operated by the Ministry of the En• vironment under the above-mentioned agreement. 2. The rate shall be a charge of $500.00 due and payable in the calen• der year in which such water service connection is installed, pro- vided that such rote may at the opton of the person liable therefore, be paid as an annual charge of $88.49 over a period of ten years commencing in the year in which such water service connection is installed. 3. Schedule A attached hereto forms o part of this by-law. READ A FIRST AND SECOND TIME this 11TH day of AUGUST, 1986. PRO- VISIONALLY PASSED THIS 11TH DAY OF AUGUST, 1986 Ray Whitnall Reeve Terry McCallum Deputy Clerk READ A THIRD TIME AND FINALLY PASSEED THIS REEVE CLERK • . 7 J • THIS I5 SCHEDULE A TO BY LAW NO 69 Of 1985 --- -LIMIT OF WATER AREA No 0 LANDS TO,BE INCLUDED IN WATER ARTA No BY BYLAW No 68 OF 1986 r TOWNSHIP OF Z SARNIA APPENDIX C THE CORPORATION OP THE TOWNSHIP OF SARNIA COUNTY 0/ LAMBTON BYLAW X72 OF 1186 Being o By -Low to provide for o Water Works- Rate (Mill Rote) WHEREAS The Corporation of the Township of Sarnia (the "Municipali- ty") entered into or proposes to enter into an agreement with Her Mo• jesty the Queen In Right of Ontario as represented by the Minister of the Environment for the supplying of water service to the Municipality; AND WHEREAS it is deemed desirable by the Municipality to pay for a portion of the capital cost of the water works by imposing a mill rote as o water works rate upon the owners or occupants of lands who will or may receive a benefit from the water works. NOW THEREFORE the Council of the Municipality ENACT AS FOLLOWS: 1. A mill rote upon the assessed value of all lands within Water Area as enlarged by By -Low 1168 of 1986 and shown on Schedule A and on the business assessment assessed against persons occupying or using the lands for the purpose of or in connection with a business is hereby imposed as a water works rote upon the owners or oc- cupants of the said lands. 2. The water works rote shall be imposed in each year over o period of 10 years commencing in the year in which the water works are put into service. 3. The water works rate shall be a mill rate estimated to be 1.34 mills with respect to the land described in Schedule "A". 4. This By-law is subject to the approval of the Ontario Municipal Board. READ A FIRST AND SECOND TIME THIS 11TH DAY OF AUGUST, 1986 PROVISIONALLY PASSED THIS 11TH DAY OF AUGUST, 1986. Ray Whitnall REEVE Terry McCallum CLERK READ A THIRD TIME AND FINALLY PASSED THIS REEVE CLERK • THIS 1S SCHEDULE A TO BYLAW NO. 72 OF 1986 - - LIMIT OF WATER AREA No. 1 • LANDS TO BE INCLUDED IN WATER AREA No. 1 BY BYLAW No. 68 OF 1986 TOWNSHIP OF 'l SARNIA e+n+t TOWNSHIP OF SARNIA — EXPLANATORY NOTES 1t is intended that By-laws 68, 69, and 72 of 1986 replace Bylaw 76 of 1985 which hos been previously submitted to the Joint Board. The following changes have been made in By-laws 68, 69, and 72 of 1986 which should be compared with By-law 76 of 1985: BY-LAW 68 of 1986 a) provides for the form of a water works rate structure in order to comply with the enabling legislation which allows for a frontage rote but not o unit rote as previously set out in Bylaw 76 of 1985. b) paragraph 3(a) provides for an annual metre frontage rate or a com• puted flat rote charge. c) paragraph 3(b) provides for an additional metre frontage rate or a computed rate based on the number of buildings situate upon the lands. d) paragraph 3(c) provides for the definition of a building upon which the charges set forth in the Bylaw are established. e) provision is now made, In paragraph 5, for Tots which do not re- quire the works because of their size and nature or which hove two limits that abut streets affected by the By-law so as to provide for a specific standard in order that such lots shall be charged one an- nual metre frontage rote on each frontage on o street in which the works are required provided that the number of streets in which the works are required shall not be reduced to less than one for any lot. f) a charge of $5,848.00 per lot created by a plan of subdivision or severance has been established in paragraph 7 provided that where an additional lot hos a building located on it for which a frontage rate has been previously charged the newly created lot shall not be treated as an additional lot. g) paragraph 8 hos been added to provide for payment of all expenses associated with the extension of the water system to service addi- tional lands at the request of a property owner. h) paragraph 9 has been added to provide for the expansion of water area number 1 and to provide for the designation of the lands to which water works rates as set forth in the By•low are applicable. BY-LAW 69 of 1986 i) provides for connection charges based on a flat rote of $500.00 which is due in the calendar year in which the water service connection is installed or at the option of the person liable therefore on annual charge of $88.49 for a period of ten years commencing In the year in which such service connection is installed. BY-LAW 72 of 1986 j) provides for a mill rate within the enlarged water area number 1, as established by Bylaw 68 of 1986, estimated to be 1.34 mills over a period of 10 years commencing in the year in which the water works are put ifito 3brvice. Edith Ann Jolly, Clerk, Corporation of the Township of Sarnia APPENDIX D CORPORATION OF THE TOWN OF FOREST BY-LAW NUMBJER 26 OF 1986 BY-LAW TO ESTABLISH A WATER WORKS RATE STRUCTURE WITHIN THE MEANING 0I SECTION 218 OF THE MUNICIPAL ACT, R.S.O. 1980, CHAPTER 302, AS AMENDED WHEREAS the Corporation 2f the Town of Forest (the "Municipali- ty") has entered -into or propo?es to enter into an agreement with her Majesty the Queen in right of Ontario as represented by the Minister of Environment for the supplying of water to the Municipality, AND WHEREAS it is deemed desirable by the Municipality to pay for a portion of the captial cost of the water works by imposing o metre frontage rote as a water works rote upon'' the owners or occuponts of the land who will or may receive a benefit from the water works. NOW THEREFORE THE COUNCIL OF THE MUNICIPALITY ENACTS AS ,FOLLOWS: 1. A metre frontage rate is hereby imposed as a water works rote upon the owners or occupants of the lands which front or abut on the sfreets or parts of streets on which the water distribution system is presently located or Is extended to, or who connect to the woter. 4 tr