3178 To authorize the execution of an Agreement with the County of Oxford and the County of Norfolk to supply water and/or wastewater services to specified customers : or residents in Norfolk County :THE CORPORATION OF THE TOWN OF TILLSONBURG
BY-LAW S I '18
A BY-LAW to authorize the execution of an Agreement with the County of Oxford and
the County of Norfolk to supply water and/or wastewater services to specified customers
or residents in Norfolk County
WHEREAS pursuant to Section 8 of the Municipal Act, 2001, S.O. 2001, C.25, 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 the Town of Tillsonburg entered into a Intermunicipal Boundary
Agreement in 1985 with the County of Oxford, Township of Norfolk and Region of
Haldimand-Norfolk (all now County of Norfolk) as authorized by Town of Tillsonburg
By -Law No. 2312 which in part put a moratorium on cross-border utility servicing
subject to such amendments agreeable to all parties signatory to the Agreement
AND WHEREAS the Town of Tillsonburg is agreeable to the extension of water and
waste water services to specified customers and residents of Norfolk County as listed in
Appendix "A" subject to such terms and conditions as detailed in Appendix "A" to this
By -Law.
NOW THEREFORE the Council of the Corporation of the Town of Tillsonburg enacts
as follows:
1. That the following Agreement attached hereto is hereby approved:
Appendix "A" - Agreement with the County of Oxford and County of Norfolk
2. That Appendix "A" hereto attached are declared to be part of this by-law as if
written and incorporated herein.
3. That the Mayor and Clerk or Chief Administrative Officer are hereby authorized
to execute the document attached hereto and such other documents to implement
the matters herein.
4. This By -Law shall come into force and effect upon enactment.
READ a First, Second and Third Time, Signed, Sealed and Numbered
y � this 12th day of September 2005.
Cler
WATER AND WASTEWATER SERVICE AGREEMENT
THIS AGREEMENT made to be effective as provided herein
BETWEEN:
THE CORPORATION OF THE COUNTY OF OXFORD
(hereinafter called "The County of Oxford")
OF THE FIRST PART
-and-
THE CORPORATION OF THE COUNTY OF NORFOLK
(hereinafter called "Norfolk")
OF THE SECOND PART
-and-
THE CORPORATION OF THE TOWN OF TILLSONBURG
(hereinafter called "Tillsonburg")
OF THE THIRD PART
WHEREAS the County of Oxford owns and operates the County of Oxford -Ti llson burg
Water System and the County of Oxford-Tillsonburg Wastewater System;
AND WHEREAS the provision of services as evidenced by this Agreement is of benefit
to each of the parties hereto;
NOW THEREFORE THIS AGREEMENT WITNESSES that the County
of Oxford agrees to supply water and/or wastewater services to specified customers or residents
in Norfolk, upon the following terms:
1. The County of Oxford is the owner of the watermain and sewage collection system on Mall
Road and will perform all future maintenance of the watermain and sewage collection system
within the Mall Road right-of-way at the expense of the County of Oxford. The cost of work
on individual properties will be at the expense of the property owner.
2. Norfolk residents or customers will be subject to the same external water use regulations as
all other residents or customers on the County of Oxford water system. This may include a
total ban of external water usage in cases of system maintenance or water supply problems.
3. Norfolk residents or customers will be subject to the same "out-of-town" rates as all other
similar users for the County of Oxford -Ti llsonburg Water and Wastewater Systems, plus the
County Water and Wastewater Programs (CSAP, deficit, debt and OSTAR) as defined in
Oxford County By-law No. 4529-2005, or subsequent amendments to this by-law.
4. Norfolk agrees that all water customers will be metered.
5. Norfolk agrees that no additional residents or customers will be connected to the system
without permission from the County of Oxford and Norfolk understands that an amendment
to the County of Oxford Official Plan will be required for future extensions.
6. The Norfolk residents and customers currently on the water or wastewater system are defined
on Schedule "A". Schedule "A" may be amended from time to time.
7. Monthly billing operations are currently undertaken by Tillsonburg. This agreement
continues to be in effect in the event the County of Oxford elects to change service providers
for billing.
8. Payment terms will be pursuant to the policy of the current service provider for billing and/or
the County of Oxford. Norfolk agrees that the water pressure may be reduced for residents or
customers that have payments in excess of 30 days in arrears. Norfolk agrees that they will
place outstanding water bills on the tax roll for property owners that are in excess of 60 days
in arrears when requested to do so by the County of Oxford.
Water and Wastewater Service Agreement
County of Oxford — County of Norfolk
Town of Tillsonburg
Page 2
9. The County of Oxford agrees to enter into an agreement with the owners of the Norfolk Mall
to recoup the initial capital cost of the service extension. Any other connections to the water
or sewer system will be subject to the connection charges policy of the County of Oxford.
The agreement with such owners of the Norfolk Mall will contain provisions for the
decommissioning of the existing private water and wastewater systems on that property.
10. The parties agree that the extension of services to Norfolk can be undertaken for the Norfolk
Mall property at this time. The parties acknowledge that this provision is operative
notwithstanding Item B.1 of the Tillsonburg-Norfolk Negotiating Committee,
Recommendation for Agreement (the 1985 Agreement).
11. The parties acknowledge and agree that the requirements of Item 3(b) of Appendix 1 of the
1985 Agreement and Item A.13 (2) of the 1985 Agreement have been satisfied by the
adoption of County of Norfolk Official Plan Amendments 9, 10 and 5-N.
12. This agreement expires on December 31, 2015. If this agreement lapses and there is not a
new agreement in place, the County of Oxford shall continue to supply services to the
residents and customers on Schedule "A" unless there is a significant change in
circumstances or other significant reason to discontinue such service, and the continuation of
such services shall be at the then -current "out-of-town" rates as then charged to all other
similar users.
13. This Agreement may be executed in counterparts, which, when taken together, shall be
deemed to constitute one and the same Agreement with an effective date as of the date when
the signatory hereto executing at the latest date as indicated herein has executed the
Agreement.
COUNTY OF OXFORD
Donald S. Woolcott, Warden
Kenneth J. Whiteford, Clerk
Date
COOF NO Ozoo
, W.*,
Rita Kalmbach, M yor
.a
Beverley Wood, Clerk
Date f�
ZTO7WNrILILSONBURG
Stephen Molnar, Mayor
David C. Morris, Chief Administrative Officer
Date
Water and Wastewater Service Agreement
County of Oxford — County of Norfolk
Town of Tillsonburg
SCHEDULE "A"
NORFOLK WATER AND WASTEWATER CUSTOMERS
Customer # Account #
Page 3
006806
01636670
THERESA BLONDIN
343 TOWNLINE RD
000828
02883186
BRANDONS USED CAR SALES
R.R. #3, TILLSONBURG (1601 HIGHWAY 3)
005793
01636880
RICHARD BRINDLEY
3 THIRD CONC ROAD
002869
01636890
HOLLY CARSON
386 SIMCOE ST
005063
01636830
MRS. ERNA D'EON
10 THIRD CONCESSION RD
008245
01636920
EDWARD DECOOPEN
374 SIMCOE ST
006413
01636950
SHIRLEY DEMPSEY
344 SIMCOE ST
005766
01533948
RENE DEWACHTER
184 YOUNG ST
001924
01636820
DOUG A. ECKER
8 THIRD CONCESSION RD
000246
01636650
ADAM HURLEY
309 SIMCOE ST
005216
01636900
NANCY MACDONALD
382 SIMCOE ST
005945
01636810
ROBERT G. MCCAREY
6 THIRD CONCESSION RD
009600
02983725
PAUL MCLAUGHLIN
346 SIMCOE ST
005273
02983720
NOCO CANADA INC.
315 SIMCOE ST
006173
02983733
ROYAL GLASS & MIRROR
370 SIMCOE ST
002720
01636940
H. SAELENS
364 SIMCOE ST
001096
01636850
CHADWICK SIMMONS
16 THIRD CONCESSION RD
000380
01636910
ANDRAS SZUCS
378 SIMCOE ST
008267
01636840
NATALIE THERRIEN
14 THIRD CONCESSION RD
000215
01636790
A.JAMES TOTH
361 TOWNLINE RD
010412
01636800
RYAN VISSCHER
4 THIRD CONC ROAD
001840
01636960
DONALDA WALKER
340 SIMCOE ST
007177
02983735
WAYNE BURGESS/JIM HOWE
5 THIRD CONC ROAD
007500
01636860
LARRY WINTER
11 THIRD CONCESSION RD
009852
01533944
MARGARETHA HEIDE
180 YOUNG STREET
006147
01636680
ROSS MCBRIDE
347 TOWNLINE RD
First Capital (Norfolk) Corporation (customer information to be provided)
Loblaws Inc. (connected through First Capital (Norfolk) Corporation)