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HomeMy WebLinkAboutKIN 75 3094 Agree MOE Kin sewag . I THE CORPORATION OF THE TOWN OF KINCARD~ E BY-LAW NO. 3094 ! I 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 I I The Mayor and Clerk are hereby autho, ized and directed to execute an agreement wit' the Crown I , 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 ~ ~--- '\ \ ~ ~ . ../ ~-- C.it.Me ittc'-. -- ' ~: - ~ -' " . ".J. ,$- '!'1J!' , , , . MOE 13-048 , ~ /' 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 I agr~ ment with , , Her Majesty the Queen in right of Ontario as rep sented by the I 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 I 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 . . . . .;.~:. i .' ..... ~ _. . -' "."..... -_ I ,.- _ , I ,::;:..... ~. _ , ".' , ~.... - - . :.-- ~ .~~~...~: .... ~ '- SEWAGE WORKS PRO cr NO.2-OS OF THE -·t....~ . ~ , ,,~ SCl-JEDULE" AI TO BY-LAW NO. 3094 ,¡;. THIS AGREEMENT made in triplicate this £ h day of Sept. One Thousand Nine Hundred d ..Tenty-£iTe BETWEEN I 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 I 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. I 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 I 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. ·' "~:.'i , ~ , - 2 - ,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. 'I The Municipality agrees in accordance J ith section 53 of The Ontario Water Resources Ac¡to pay to tI1e Crown the following sums: ~.. I (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. : I , i (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) " (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. '- ,.; .. , - 3 - (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. I 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- '"" 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 en I I ·1:" -' ~ Ii I :1 . II i¡ [I I - 4 - 'I ii I (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 i , , (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 " ¡' which the Municipality par to II this Agreement will take 011' r the I assets as aforesaid. , , 10. (a) The Crown may, but only after p 'or I consultation with the municipalitY party to I I 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 Ii 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, I 1 I I I " ¡: ~ ",,,,, 'r I 11 II !I i ! i I ì I I I II , ;I " i ;1 I I . I II I' I 11 11 ,¿JJ '. : - 'I , I I - 5 - 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. I I 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. ¡ ¡ I I I , HER MAJESTY THE QUEEN IN R~ HT OF ONT ARlO AS REPRESENTED BY . HE MINISTER OF THE ENVlRONME I I I I " I I THE CORPORATION OF THE or UllCAlDDII MIN\STR'I OF THE ENVIRONMENT ~I'~//.-'/ ... ,....~<_:~_._~::~~:}-'c. , ~ p .:::.'- .' ---~'::::. - ---.-- -- --'- --' - '- - "- ,-' ~; -...:: - CONTRACTS SEC. - --^ - -- :::- ,'\. .....,. C erk *,.-;~'~- 'I i II I' " i I I I. II II I, II I I, I' ,I II I II I' " il ii II II I ! ! I II II II I I I i, " I I I, ,; I !I I I j I ;: . . . , j, ,,!, 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