HomeMy WebLinkAboutKIN 75 3094 Agree MOE Kin sewag
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THE CORPORATION OF THE TOWN OF KINCARD~ E
BY-LAW NO. 3094 !
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WHEREAS it is desirable that the Cor·
of
the Town of Kincardine enter into an agreemt Her
,
Majesty the Queen in right of Ontario as re esented by the
Minister of the Environment, hereinafter the Crown,
with respect to the construction and Project
No. 2-0313-73 which was described in inary way in
BE IT THEREFORE ENACTED by the Counc
Schedule "Bn to the agreement for prelimina work.
Corporation of the Town of Kincardine as fo
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The Mayor and Clerk are hereby autho, ized and
directed to execute an agreement wit' the Crown
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in the form attached hereto as Sched Ie "A".
READ A FIRST TIME on the 16th day of May, 1975.
READ A SECOND TIME on the 16th day of May, 975 .
READ A THIRD 'l'IME on the 16th day of May, 75.
John Askin
Mayor
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BY-LAW NO. 3094 OF THE CORPORATION OF THE ~ OF KINCARDINE
the
WHEREAS it
TOWN OF KINCARDINE
is desirable that ·the Q rporation of
enter into an
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agr~ ment with
,
,
Her Majesty the Queen in right of Ontario as rep
sented by the
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Minis ter of the Envi.ronment, hereinafter known as! the Crown,
,
wi th respect to the '~onstruction and operation o~ Project No.
I
2-0313-73 which was described in a preliminary ay in
BE IT THEREFORE ENACTED by the
Corporation of the TOWN OF KINCARDINE
of the
Schedule "B" to the agreement for preliminary wo
.
I as follows:
The Kayor and Clerk are hereby· uthorized
,
and directed to execute an agreeme t with
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the Crown in the form attached her' to as
Schedule "A".
1975
1975
READ A FIRST TIME on the 16th
READ A SECOND TIME on the 16th
day of
day of
READ A THIRD ~'IME AND FINALLY PASSED on the 8ixt~ nth
day 0 f
May
1975
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SEWAGE WORKS PRO cr NO.2-OS
OF THE
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SCl-JEDULE" AI TO BY-LAW NO. 3094
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THIS AGREEMENT made in triplicate this £ h
day of Sept.
One Thousand Nine Hundred d ..Tenty-£iTe
BETWEEN
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HER MAJESTY THE QUEEN IN RIGHTI
AS REPRESENTED BY THE MINISTER
ENVIRONMENT
(hereinafter called the "Crown")
F ONTARIO
FTHE
OF THE lRST PART
- and -
THE CORPORATION OF THE!CMI KDlCAlDID
hereinafter called the 'Municipality'
COND PART
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WHEREAS the Municipality has requesJ the Crown
to provide se\:VliIge disposal facilities for the . unicipality
and its inhabirånts; .
AND WHEREAS the Crown has agreed ~ do so;
AND WHEREAS the Council of the Mun~ ipality has on
the sixteenth day of May 19751 passed By-law
No. 3094 authorizing the entering into this I greement and
the execution of this Agreement by the Munici~ lity.
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THIS AGREEMENT WITNESSETH that
of the premises and the covenants, conditio
hereinafter set forth, the parties hereto res
under section 52 of The Ontario Water Resour
consideration
and payments
ctively agree
s Act as follows:
Section A - Construction (Structures and Asse
1.
The Crown shall construct, acquire or I' rovide at its
own expense, a sewage works project. n accordance
with the schedule attached hereto WhiC~ sewage works
project will be identified as Project NO.1 2-0SU..n
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2.
All property acquired or provided by Crown for
the purposes of this Agreement shall bè and remain
the prøperty of the Crown until owners . p thereof is
transferred by the Crown as hereinafte provided.
Section B - Maintenance and Operation
3. The Crown shall provide for the manag
control, operation and maintenance 0
sewage works project, but the Crown s 11 have
the right to shut off or reduce the amou t of sewage
received or accepted from the Municip "ty in cases
of emergency or breakdown or when it ay be
necessary in maintaining or extending e system,
but the Crown shall endeavour whereve possible to
give to the Municipality reasonable noti e of
intention to shut off or reduce acceptan of sewage.
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,4.
U1'11eSll!otherwise so provided in this A
the Crown expressly restricts its res
to sanitary sewage and reserves to its
right to refuse to accept anything else.
may, however, consent in writing to a·
drainage and/or industrial wastes.
eement
nsibility
f the
The Crown
eptland
5.
The Municipality shall not permit any
locafed within the limits of the Munici
connect to or dispose sewage through
sewage works project except with the
of the Crown.
rty not
lity to
e said
proval
6. No waste contaminated by any chemica} or sub-
stances which in the opinion of the Cro n may
constitute a damage or hindrance to th processes,
plant or equipment of the sewage work . project
shall be emitted or deposited into any wer
connected directly or indirectly to the rown's
said sewage works project.
7.
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The Municipality agrees in accordance J ith section
53 of The Ontario Water Resources Ac¡to pay to
tI1e Crown the following sums:
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(a) In each calendar year during the urrency
of this Agreement, commencing 'th the
calendar year in which occurs th date of
completion of the said sewage wo ks project,
!
the amount of interest and i pense of
debt service that would be yable by
the Ontario Water Resourc Commis-
sion in each year calculate by apply-
ing the average rate of the terest
. , and expenses of debt servic s that
would be paid by the Ontari Water
Resources Commission to e
Treasurer of Ontario were e said
Ontario Water Resources C mmission
not dissolved in respect of e
project. :
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(II) the total cost to the Crown il each
such year of the operation, uper-
vision, maintenance, repaiti'
administration and insuranc of such
sewage works project; and ,
Section C - Charges for Disposal
(I)
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(III) the total amount in each sue year
placed by the Minister of th
Environment to the credit 0 the
reserve account for renewa ,
replacements and contingen es in
respect of the said sewage rks
project but not exceeding It r cent
in anyone year of the cost the said
sewage works project.
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(b)
In each calendar Yl'ar for 30
commencing with thc calendar ye
which occurs the datc of complet
the said sewage works project su'
as would be necessary with inter
compounded annually thereon at
per annum specified in paragrap .
. section 53 of The Ontario Water
Act to form at the expiry of 30
years a fund equal to the cost of
sewage works project.
cars
r in
of
h sum
t
e rate
2 of
esources
(c) The Crown shall not call on the
Municipality to pay any share of e debt
due the Crown by any other muni4 pality
which has already been apportion and
allocated to such other municipalj. and
the payment of which is in arrearl.
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8. (a) The Municipality shall pay the Cr
quarterly and not later than the 1
of March, June, September and cemher
in each year the sums due by the I
Municipality, all in accordance w
"section 56 of The Ontario Water
. Act.
(b) In each calendar year, the Crowni
deliver to the Municipality a stat~
showing how the charges, adjust~
and allocations are made up. i
Section D - General
9.
(a)
(b)
This ~eement shall remain in f
. . . . calendar years followin
of completion of the said sewage
project and shall continue in fore
after until all obligations of the ,
Municipality to the Crown have be' n dis-
charged to the satisfaction of the rown
as evidenced by a certificate of T
Ministry of the Environment. Th
the assets of the Crown acquired
provided solely for the said sewa works
project shall, at the option of eith r party
to this Agreement, be transferre~ to the
Municipality. '
ce for
the date
rks
there-
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When:, however, the project se
municipalities or persons other th
Municipality party to this Agreem
neither shall this Agreement ter
nor shall the ownership of the sai
be transferred unless and until it
to the satisfaction of the Crown th
addition,
s
n the
t,
ate
assets
shown
, in
(1)
all the obligations to the Cr
such other participants have
discharged;
n of
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(II) the Municipality party to t s
Agreement has relieved an will
indemnify the Crown from I ny I
,obligations which the Crow may
have arising in any way ou~ of the I
participation in the project:
such other participants; an I
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(III) the Municipality party to th s II
Agreement has agreed with each
of such other participants ~ to I,
the terms and conditions ur/. er "
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which the Municipality par to II
this Agreement will take 011' r the I
assets as aforesaid.
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10. (a) The Crown may, but only after p 'or I
consultation with the municipalitY party to I
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this Agreement, permit any othe· !I
municipality, person or persons ¡O connect II
directly or indirectly to its sewa works
project on such equitable terms à d
conditions as the Crown may thilJi fit and it II
shall not be held that the sewage, orks
project contemplated under this eement
" is exclusively for the purposes of the
Municipality party to this Agree nt. And I,
for such purpose the Crown shal ave I
power to extend, alter or enlarg~ the I
sewage works project as it deem necessary
provided that no additional capita costs I,
therefor shall be charged under is Agree-
ment to the Municipality party to! is Agree- ,
,I
ment.
(b) In the event that the Crown shall rmit any 1
other municipality, person or pe ons to !!
connect as aforesaid, the Assist~ t Deputy ! ~
Minister, Water Management of e Ministry î
of the Environment in re-adjustir¡ the .....' ~
proportion payable by the Munici li ty party
to this Agreement shall have reg, d, inter
of the 'I
alia, to the amount of capital cos il
sewage works project already pat off, to the I
age of the project and to the need of the party
,
or parties so permitted to conne , subject to !
the right of the Municipality to a . trate the il
same under section 53(4) of The tario Water ii
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Resources Act. II
11. The appropriate share of earnings on Ontario Water
Resources Reserve Account and on the Investment there- I
of shall be allocated and credited to th~ reserve account II
referred to in Clause 7, in accordance! ith section 57(4)
of The Ontario Water Resources Act. I,
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12.
Where rates that are based on the wat~ rates, or
charges charged or chargeable in res t of any
land are imposed by the Municipality 0 the owners
or occupants of such land in respect of: e sewage
works project and are charged on the W ter bill, the
Municipality shall, in d~fault of pay me 'ts of the
rates in respect of the sewage works p ject,
exercise when necessary all remedies rovided by
law for the collection of such rates, a without
limiting the generality of the foregoing¡ if any such
default continues for a period of six m ths, shall
shut off the supply of water under the a thority of
subsection 4 of section 27 of The Publid Utilities
Act.
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Anything herein contained to the contra' notwith-
standing each and every of the provisio s of The
Ontario Water Resources Act, any sub!/ 'tutions
therefor or amendments thereto, and r gulations
thereunder shall be terms of the within: gree-
ment, and this Agreement shall be rea1 and
construed as if SUCh. provisions had beep written
herein, and in the event of any such coq ict,
ambiguity or inconsistency between any¡. rovision
of the said Act or regulations and the t~ ms of
this Agreement the Act or regulation stl 11 prevail.
IN WITNESS WHEREOF the Crown and e Municipality
have caused this agreement to be executed by . e affixing of
their hand and seal and corporate seal attested! the signature
of the proper officers duly authorized in that alf.
13.
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HER MAJESTY THE QUEEN IN R~ HT OF
ONT ARlO AS REPRESENTED BY . HE
MINISTER OF THE ENVlRONME
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THE CORPORATION OF THE
or UllCAlDDII
MIN\STR'I
OF THE
ENVIRONMENT
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SCHEDULE, TO AGREEMENT BETIiEEN
HER MAJESTY THE QUEEN IN RIGHT OF d
REPRESENTED BY THE MINISTER OF THE
and the
CORPORATION OF THE TO~~ OF KINCARDI
Consulting Engineers: B.M. Ross & Associates L
DE T A I L S:
SEWAGE WORKS PROJECT 1,!2-03l
The construction of sewage works to serve the T
consisting of sanitary sewers as follmvs:
of Kincardine
ON
FROM
TO
Shevchenko Boulevard
Shakespeare Avenue
Boulevard
Shakespeare Avenue
King Street
West Street
Shevchenko Boulevard
Shevchenko Boulevard
King Street
West Street
Campbell Crescent
Approx. 150' east
of West Street
Campbell Crescent
Mechanics Avenue
West Street
Huron Terrace
William Street
Broadway Avenue
; Approx. 300' North
I of Broad~vay Street
i William Street
,
! North Street
Mechanics Avenue
Princess Street
King Street East
Gary Street
including building sewers from the main sewer t the property line.
ESTIMATED COSTS:
Contract Price (Lm ford Construction Ltd. ) $ 118,032
Engineering & Supervision 20,000
Miscellaneous 741
Interest 2,429 "t;'¡
$ 141,202
Less Prepayment by Town 18,000
Estimated Net Long Term Debt $ 123,202