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HomeMy WebLinkAboutKIN 76 4028 Agree MOE ~- THE CORPORATION OF THE TOWN OF KINCAR~INE , BY-LAW NO. 4028 . I A By-law authorizing the Corporation df the Town of Kincardine to enter into ~n Agreement with Her Majesty the Queen n Right of Ontario as represented by th Ministry of the Environment. ! I WHEREAS under Section 18 of the Ontario WateriResources Act, R.S.O. 1970, Chapter 332 and Amendments ~hereto, the Council of a municipality may,-by by-law, aut~orize the municipality to enter into an agreement with 1he Crown r for the reception, treatment and disposal of ,ewage for the municipality. I AND WHEREAS the Corporation of the Town of Ki cardine wishes to enter into an agreement with the C wn providing for the operation, supervision, control, main enance, repair, administration and insuring by the Cr,wn of certain sewage works owned by the municipality. The ~orporation of the Town of Kincardine by its municipal cotncil, enacts as a by-law of the Corporation as follows: i I 1. The Corporation of the Town of Kincar~ine is hereby authorized to enter into an agreement I in the form annexed hereto as Schedule A, with Het Majesty the I Queen in Right of Ontario as represented by the Minister of the Environment. I i i The Mayor and the Clerk be and they are hereby authorized to execute the said agreemrnt, a copy of which is attached hereto, as Schedþ1e A, and any other documents necessary to carrr out the intention of the parties. 2. READ a FIRST and SECOND time this second ray I , I , I /~~~~ of December , 1976. JEát~ ß~ yor ~¿ cf/, ~r Mayor - - .- READ a THIRD time and FINALLY PASSED this ~IRST DECEMBER , 1972. I (~ ~:_- - ~ , day of . -- , - .~ .~/ - ~v :/ ':. -'-' , .:: ~ ........ , - -- "- -. - -:: '- 1 I ~ -. ® Ontario ~ ~,:"!I' Ministry of the Environment 135 5t. Clair Avenue West Suite 100 Toronto Ontario M4V 1 P5 REGISTERED MAIL March 7, 1978 Project No. 2-0 10 Mr. C. R. Merritt, Clerk-Treasurer, Box 329, 707 Queen St., NOG 2GO Dear Mr. Merritt, RE: Please find enclosed one fully execu of the. Agreement under date of March 1st, between your Municipality and this Minist above-noted project. Sincerely, TB/r1 Enc 1. Thos. Beall, Contract Officer '. '~..... ... ,-... t I ,.. ,--., " .' SCHEDULE "An TO BY LAW ¡¡ 4028 OF TH CORPORATION OF THE TOWN OF KINCARDI~ THIS AGREEMENT made in quintuplicate ~ is 18 day of ~ A.D., 197B BETWEEN HER MAJESTY THE QUEEN IN RIGHT OF ONTA~ REPRESENTED BY THE MINISTER OF THE ENVI (hereinafter called the "Crown") THE CORPORATION OF THE TOWN OF KINCAR (hereinafter called the "Municipa1~ y") T PART - and - OF THE SEq ND PART , WHEREAS the Municipality and the Crown ~ sh to enter into an Agreement to provide for the ope ationof the sewage works described in Schedule "A" 1'1 reto, which the Municipality represents arepresent~ owned by it and which has direct access from an opeq public road and for the addition from time to time 9 other works to this Agreement (all of which s~wage ~ rks as they from time to time exist are sometimes r~ erred to herein as the "works"): . -- - . . ", " ~ - . r--, ," .. . AND WHEREAS at the request of the Munic~ a1ity, the Crown has agreed to operate the said woi s for the Municipali ty : AND WHEREAS the Parties may wish to prov de for the addition from time to time of other wor~ to this agreement. AND WHEREAS the Council of the Municipal ty on the 1st day of , December, 1977, passed By-Law No. 4028 authorizing the Municipality to enter into agreement NOW THEREFORE THIS AGREEMENT WITNESSETH, hat in con- sideration of the covenants, conditions nd payments here- ~ inafter set forth the parties agree as ~ 11ows: I. The Crown will continue to or cq ence to operate, supervise, control, m4 ntain, repair, administer and insure the Works as more particularly described in Sched 1e "A" hereto: 2. The Municipality hereby release , discharges and covenants and agrees at all tim s to idemnify and save harmless the Crown fro and against all claims, including: (a) all claims from property da age or injuries including injuries resu1ti~ in death to any property or person or p rsons and any consequential damages arisi g from such . damage or injury whether su h damage or '. ~ - . . . injuries be caused by or attri utable to ! the negligence of the Crown o~ its officers, agents, servants or employees r otherwise; (b) all claims, actions and awardS under The Workmen's Compensation Act or imilar Acts; and (c) all demands, liability, loss, osts, damages, expense, compensation, awards I r payments , of every kind or nature whatso ver, and all . actions, suits or proceedings f every kind or nature whatsoever, by homsoever incurred, sustained, suffered,: made, paid, brought or taken; " and in any manner connected with, ~ used by or attributable to the entry into this agreement, the performance or the failure to ~ rform the terms and conditions hereof, or th~ operation of the works, except to the extent hat the Crown is indemnified under a policy of insurance part or ¡ill, of the premiums of wh~ h are charged to the Municipality by the I rown pursuant to this or another agreement in reI, tion to water or sewage works. 3. (1) The Municipality agrees to pa~ the Crown, in each year during the term f this agreement, commencing with the year in which . the Crown commences the operat on of the works, the following sums: ,,¥t ~ . 7~ " . ~ , ~ ~ . . (a) The total cost to the Crow~ in each such year, of the operation, sup rvision, main- tenance, repair, administral ion and insur- ance of the works as deter~ ned by the Crown in its sole discretio after consul- account for renewals, year placed tation with the Municipa1it (b) The total amount in by the Crown to the credit a reserve , altera- . tions, extensions and conti in respect of the said works; exceeding the amounts specified in dule "A" from time to time. ~ 4.(1) The Municipality shall pay to t~ Crown quarterly and not later than the 15th day$ of March, June, September and December in each y ar or such other days as the Crown may adv~ e the Municipality in writing the sums due hereund r by the Municipality to the Crown in ace rdance with the precepts or accounts of the Cro~ directed to the Municipality for each such ~ ar. (2) The mailing by the Crown of a pn cept or account by registered mail in an envelop addressed to the clerk of the Municipality sh 11 constitute delivery of the precept or accou t to the clerk of the Municipality. . (3) In each year the Crown shall del, ver to the Municipality a statement showing, how the charges hereinbefore referred to are mad' up. . t'"' ,,-.. tfle '"" ~ , . 5. (1) The Crown will establish and maintain reserve account or accounts for the works to p for renewals, replacements, alteration~, ex- , I tensions and contingencies in respect works ~nd shall credit such reserve ac' expend, use, apply, utilize and approp , therefrom such purposes such amounts as may, in the opinion of the Crown, be sufficient therefor. (2) The amounts in any reserve account estq lished hereunder may be blended with other re~ rve accounts and other accounts in a consoi, dated fund or funds which may be held by the rown and there shall be allocated to any reserv~ account established hereunder the approximate ~ are of the earnings of any such fund and the ~ vestment , thereof having regard to the respectiv~ balances from time to time remaining in the fun~ to the credi t of a 11 such accounts. When any I uch fund or any portions thereof are held in th~ Con- , solidated Revenue Fund of Ontario such Interest . or other earnings as the Treasurer allo s shall be included in the earnings of the fundi 6. No municipality other than the ~'unfcipa ity shall be connected to the works without the w' itten . consent of the parties hereto. 7.(1) This agreement shall be and remain in f'rce until terminated by a subsequent agreement 'be, een the parties hereto. : r' ... ,--... :-..., '. ~ . , 7. (2) Notwithstanding subsection (1),¡ the Municipali ty may terminate this agreement b~ giving one year's notice in writing on or efore the first day of December in any year. e Crown may terminate this agreement by gi~ ng one year's notice in writing. Such notice are to be given , by registered mail addressed I the clerk of the to¡ , Municipality or to the Crown ati the Ministry of the Environment at its head Toronto, or viously advised in writing. notices shali designate a date called "the date of termination! . has pre- such other addresses as the aforementioned shall be 8. On the date of termination agreement the I Crown will transfer to the Muni' ipa1ity at the, expense of the Municipa~ity, th management, I , control and operation of the wo s being operated under this agreement and the ba any, "transferred'work¡;;") to the works, and the remaining to the credit of any account established under section 5 her f and all earning¡;; allocated to such acèount. 9. Notwithstanding the termination! f this agreement with respect to any or all of t subsequent transfer and delivery of possession of any of the works (herein red to a¡;; the ipality by the . Crown, within 60 days of the ex~'ration or ter~ mination of 'this agreement, or ~'thin 30 days of , f "- ./ 10. 11. . .... ~ r--, ---- . the receipt of the precept of t e CrOwn which- ever is later, the Municipality ill pay to the Crown any sum or sums in relati, the opera- tion, supervision, control, mai tenance, repair, administration and insurance of, transferred works ascertained by the Crown final adjust- ment, to be owing to the Crown,! upon receipt of payment of which, all obligatio the Munici- pality to the Crown will have b en discharged by the Municipality to the Crown. upon by-laws in form satisfacto y to the Crown being passed by the Municipa1it additional works or replacement works may be add Schedule "A" with the approval of the Crown. The approval of the Crown may be evidenced by a fixing the Minister's signature to such ad itional parts of Schedule "A". Any additional parts of Schedul "A" will specify the date of which the Crown wi1 become respon- sible for the operation of the works from which date the Municipalit' will be respon- sible for thep?-yments set out"n section 4 hereof with respect to such add tiona1 works. unless otherwise provided in an such additional part of Schedule "A" payments s, all be made on the same days as provided herei and payments for fractional periods will be djusted on a daily basis. , '. . . . .... . .. ,'/ .:'... .... 12. 13. . r-'. '. -~ --, This agreement may be terminate as provided in ' .. . . I ! sections 7, 8 and 9 with respec to the works of works in another part "An the described in any part or parts f Schedule "An provided that if, in the of the Crown the termination by the of this agreement with respect to the described in one part of ' SChedule "A" will the operation , Crown may require the Municipal! ty to take over the other affected works on the! effective date of termination on the same ter and conditions as for those works set the Municipality's notice of termination. In the vent of a termination of this agreement with respect may enjoy some of the works operated hereunder the Cr wn may return all, part or none of the reserve acc in its sole discretion determin as the Crown Upon the termination of this ag' Municipality hereby agrees to 0 the employ all those persons engaged as fu¡ Crown employees in the operation, sup rvision, control and maintenance of the transfer under such terms and conditions of em loyment as employees of the Municipality in similar at the date of termination prov"ded that the pay of any Crown employee who accep s such offer shall not be reduced below the level hich he would be entitled to receive from time under the schedule of pay under which he as employed by '\ . . ~, ..,. . the Crown in force at the date of ter~ nation, ¡ and he shall be entitled to an annual: acation with pay for a period not less than h~ was entitled to at the date of such termination anq his accrued .I ^~~ pension rights shall be transferred un er The Ontario Municipal Employees Retiremen~ System Act Regulation. 14. This agreement and the covenants, pro~ sos, conditions and schedules herein shall nure to the , . benefit of and be binding upon the re~ ective heirs, executors, administrators, successors r assigns of each of the parties thereto. IS. This agreement is subject to the pr9v~ ions as they " may be amended from time to time of Th Ontario Water Resources Act and the Regulation thereunder. IN WITNESS WHEREOF the Crown and the Munid pality have caused this agreement to be executed by e affixing of their proper seals attested by the signat~ e of the proper persons duly authorized in that beh¡ If. THE CORPORATION OF THE TOWN OF KINCARDINE HER MAJES I THE QUEEN IN RIGHT OF 0 TARIO AS REPRESENTE BY THE MINISTER OF THE EN~ RONMENT . ~A~~ f V~ C7;;;;:Ç - ri:. / :~'. ~,:::.~:~ ).?, '~.~--'-."~-~~ - ~·/,(".c.;t.-:uR . ONTRACïS SEC. " " . ~ t -- ,r"\ . .' Schedule "B" to By-Law No. 4028 of the q rporation of the Town of Kincardine. SCHEDULE "A" to the agreement between the Ministry of the Environment, and the Corporation of the ~ wn of Kincardine. PARTS I & II PART I Consisting of a sanitary se~ ge pumping station known as the Park Street Pumping Station situated within the road allowance of Pa~ Street and south of the intersection of Scott St~ et in the Town of Kincardine; an aerated sewage t~ atment lagoon situated on part of Lot C, Cond ssion A, Formerly Township of Kincardine now inth Town of Kincardine; and a chlorination facility sit near the inter- section of Bruce Avenue and the limit of the , . ., C.N.R. right-of-way; together wit equipment for the above faciliti associated Value - $800,000.00 PART II - Consisting of a forcemain fr, m the Park Street Sewage Pumping Station to the ae' ated sewage treat- ment lagoon, and an outfall sewe, from the Town of Kincardine sewage treatment lago n site to Lake Huron. Value - $340,000.00 . The annual Reserve Fund payment II will be $7,700.00. The maximum total Fund is to be $77,000.00. or both Part I & Part mount of the Reserve