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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)