THE CORPORATION OF THE TOWNSHIP OF MADAWASKA VALLEY

BY-LAW NUMBER 2007-41

Being a By-Law to establish Wastewater System Rates effective January 1st, 2007.

WHEREAS Section 391(a)(b)(c)(d), of The Municipal Act, 2001, provides that the Council of a local municipality may pass a by-law imposing fees or charges on any class of persons for capital costs payable by it for water and wastewater services or activities which will be provided or done by it after the fees or charges are imposed.

AND WHEREAS Ontario Regulation 244/02, section 12(1) states that this section applies only to the power of a municipality under Part XII of the Act to impose fees or charges for the use of a waste management system, a sewage system or the consumption of water.

AND WHEREAS Ontario Regulation 244/02, section 12(2) states that the amount of fees or charges for the use of a sewage system or the consumption of water shall not exceed the cost of providing the sewage and water systems, as the case may be.

AND WHEREAS Ontario Regulation 244/02, section 12(3) states that a by-law, if not repealed earlier, expires on December 31st of the year following the year in which the by-law is passed.

AND WHEREAS Ontario Regulation 244/02, section 12(6), (a)(b)(c)(d) states that the Council of a municipality shall provide a minimum of 21 days notice setting out its’ intention to pass a by-law imposing fees or charges, and hold at least one public meeting making available to the public the fees or charges and the rationale for imposing the fees or charges; and the municipality has complied.

AND WHEREAS Section 398, section 2(1)(2), of the Municipal Act, 2001, states that the Treasurer of a municipality may add to the tax roll for the property in the municipality and collect in the same manner as municipal taxes, any unpaid fees or charges for the supply of a public utility which the owners are responsible for paying, or any property for which all of the owners are responsible for paying the fees and charges.

AND WHEREAS the Township of Madawaska Valley deems it advisable to establish wastewater rates for the use of the municipal wastewater system, which are equitable and fair to all consumers.

AND WHEREAS for the purposes of this by-law, a unit of wastewater shall be 1,000 gallons or 4.55 cubic metres.

NOW THEREFORE the Municipal Council of The Corporation of the Township of Madawaska Valley hereby enacts as follows:

  1. That this by-law shall apply to all Wastewater System connections located in the geographic Village of Barry’s Bay and Township of Sherwood.
  1. That effective January 1st, 2007 the Wastewater System rates as setout in Schedule “A” attached hereto, are hereby adopted.
  1. That an annual wastewater debt consolidation charge shall be imposed upon each unit for which municipal records show that there is original capital debt outstanding. This charge shall be in the proportions outlined in Schedule “B” attached and shall continue to be imposed until the retirement of this debt which is estimated to be in 2016.
  1. That once the budget for the current year has been adopted, rates shall be amended and be retroactive to the first day of January of the budget year. A surcharge may apply to any subsequent billings in a calendar year to compensate for the deficiencies in the billing amounts, which have already been collected for the current year.
  1. Billing will occur every third month for the amount equal to actual wastewater being discharged or the minimum established rate will apply. Meter readings will be taken after the end of March, June, September and December of each year and bills are payable in one installment based on the rates established and shall become due and payable on the 15th day of May, August, November and February.

………….2

Page 2/ By-Law Number 2007-41

  1. A minimum quarterly Wastewater System discharge fee of $53.06 applies to all users, regardless of the wastewater amount being discharged. The minimum annual Wastewatercharge is set at 15 units of wastewater (a unit being 1,000 gallons or 4.55 cubic meters).
  1. Penalty charges, of one and one quarter percent (1¼%) per month shall apply on the first day of the month following the due date to all or any parts of unpaid Wastewater System bills.
  1. Wastewater System bills that are in arrears six months shall have that amount and any related penalty and interest charges added to the tax roll for collection pursuant to the Water and Wastewater Policies and Procedures.
  1. An Excavation and Hook-up Permit for Wastewater connection must be obtained and a fee of $60.00 will be charged for such permit.
  1. If a private contractor deposits sewage waste so authorized, into the municipal Wastewater System a service charge of $37.00 per 1,000 gallons/$8.13 per cubic meter will apply.
  1. The Treasurer or her designate is hereby authorized to perform all tasks required to enact this by-law.
  1. That the Wastewater System Rates and fees are payable at the Township of Madawaska Valley Municipal Office, P.O. Box 1000, 85 Bay Street, Barry’s Bay, Ontario K0J 1B0 or such financial institutions which are authorized to accept payments.
  1. That Council reserves the right from time to time, to review and make reasonable adjustments to the Wastewater System Rates.
  1. That this by-law upon the final passing thereof will be deemed to have taken effect on January 1st, 2007.

READ A FIRST AND SECOND TIME THIS 3rd DAY OF July, 2007.

READ A THIRD TIME AND FINALLY PASSED THIS 3rd DAY OF July, 2007.

______

MAYOR – John Hildebrandt

______

CAO/CLERK - Pat Pilgrim

SCHEDULE “A” Page 3/ to By-Law Number 2007-41

WASTEWATER SYSTEM RATES

(Effective January 1st, 2007)

a)Metered Waste Water System Rate

per 1,000 gallon unit$ 13.82

per 1 cubic metre unit$ 3.04

b)Surcharge

per 1,000 gallon unit$ (0.05)

per 1 cubic metre unit$ (0.01)

SCHEDULE “B” Page 4/ to By-Law Number 2007-41

WASTEWATER SYSTEM

ANNUAL DEBT RETIREMENT CHARGES

User / Equivalent Rate Use / Annual Payment
Flat Rate User / 1 / 10.60
Water Tower Lodge (est.) / 5.7 / 60.42
M.V.D.H.S. / 19 / 201.40
St. John Bosco School / 14.9 / 157.94
Quick Clean Centre (est.) / 17.6 / 186.56
Paul J. Yakabuski Community Centre / 9.7 / 102.82
Greenfield's Valumart / 16.4 / 173.84
Barry's Bay I.G.A. / 5.7 / 60.42
Ash Grove Inn / 0 / 0.00
Balmoral Hotel / 12.7 / 134.62
Generations Family Restaurant / 7.1 / 75.26
Barry's Bay Dairy / 2.8 / 29.68
Dixie Lee / 1.4 / 14.84
Dairy Freez / 1.2 / 12.72
Royal Canadian Legion / 1 / 10.60
Car Wash / 3.1 / 32.86
Eugene's Complete Auto Upholstery / 1.2 / 12.72
Video & Things / 1 / 10.60
St. Francis Memorial Hospital / 24.5 / 259.70
Valley Manor Inc. / 70.9 / 751.54
Sherwood Public School / 5.6 / 59.36