HomeMy WebLinkAboutKIN 74 3031 Agree MOE
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THE CORPORATION OF THE TOWN OF KINCARDIN
BY-LAW NO. 3031
W~S the Corporation of the Town of Kincardine
desires to execute an agreement with Her Maje ty the Queen
in right of Ontario as represented by the Min ster of the
EnTironment, hereinafter lmown as the Crown, or the carrying
out of pre11min.ry work for the proTision of ewage disposal
tacilities in accordanc. with the agr.ement a tached h.r.to
as Schedule "A".
&ND WHEREAS such an agr....nt wi1!L ot b. .xecut.d
until the n.cessary approval ot the Ontario icipal Board
has been obtained.
BE IT THEREP'ORE ENACTED by the Cqam 11 of the Corpora-
tion of the ,Town ot Kincardine as follows:
1.
That the Corporation ent.r into and
agr..ment with the Crown tor the ca
pr.liaiaary work for the provision
taciliti.. in accordance with the a
h.r.to as Sch.dule "A".
Th. Mayor and Clerk are hereby auth rized and
directed to execute, subject only t the approTal
of the Ontario Municipal Board, an gre.ment subst-
antially the same as attached h.ret as Sch.dule "An.
ex. cute an
ing out of
f sewage disposal
reement attached
2.
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3. This B,r-law is subject to the appro 1 ot the
Ontario Municipal Board.
READ A FIRST TIME on the eight.enth day of Ma ch, 1974.
Read a second Till. on the eighteenth day of rch, 1974.
Read a THIRD ti_ and tinally PASSED on the. hteenth day ot
March, 1974.
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SCHEDULE "A" TO BY-LAW NO. _1
THE !OIII CW' IllaAMrNIIi
AGREEMENT FOR THE PRELIMINARY WORK on a SEWAGE
BET WEE N:
HER MAJESTY THE QUEEN IN RIGHT OF
REPRESENTED BY THE MINISTER OF THE
(hereinafter called "the Crown")
- and -
RKS PROJECT
THE CORPORATION OF THE
(hereinafter called "the Municipal ty')
OF THE SEC ND PART
WHEREAS the Ontario Municipal Board
its approval to the Municipality enterin~ into
agreement with the Crown for the carrying out
ary work for the provision of sewage disposal
by the Crown for the Municipality, and has aut
the Municipality to expend certain monies in c
therewith;
NOW THIS AGREEMENT WITNESSETH:
1.
The Crown shall,
<a)
retain Consulting Engineers for
preparation of working plans an
specifications and call tenders
(b)
carry out necessary incidental
in preparation for the project
may include surveying, acquisit
property, and test boring;
as ~iven
an
f prelimin~
acUities
orized
nnection
the
and
rk
ich
on of
all for the project described in Sch dule, "A"
attached hereto.
2.
The Municipality shall give such as istance
as may be required in negotiation an
acquisition of any necessary land an easements.
3.
In the event the venture should fail
aforesaid, the Municipality shall pa
reimburse the Crown all costs incurr
Crown as a consequence of paragraph
and including the time of final rece
tenders and the application for the
of the Ontario Municipal Board.
as
or
d by the
up to
pt of
pproval
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4. As 8DcI when the final approvals of t
Ontario ~icipal Board are obtained
f~ tiae to time for the stages int
which the project dellcr1bed in Sche
attached hereto _y be broken for th purpose
of calling tenders, the Municipality shall
at such times execute Agreements wit the
Crown sublltantislly the same as the greement
attached hereto as Schedule "A" for uch
stages.
1M WITNESS WHEREOF the Crown and the "'n1cipality
have caused thb agre_nt to be executed by t e affixing
of their hand and seal and corporate seal atte ted by the
signature of the proper officers duly authoriz d in that
behalf .
DATED THIS
17th day of
July
1974.
HER MAJESTY THE QUEEN IN RI lIT OF ONTARIO AS
REPRESENTED BY THE MIRISTER OF THE ENVIRONMENT
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Minister
THE CORPORATION OF THE
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MINIITRY OF THE
ENVIRONMENT
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ÞEV£l.oP.
Clerk
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SCHmJLE "A" ro AGREliHBNT FOR
SCHEDULE n An TO BY - LAW NO.
CORPORATION OF THE 'l'()ì,fi OF ION
WBK
OF THE
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THIS AGREEMENT made in triplicate I ?T1f
day of J v/.-'( One Thousand Nine Hun red and S e v.". My-ht//é'
BETWEEN
HER MAJESTY THE QUEEN IN GHT OF ONTARIO
AS REPRESENTED BY THE M[NI TER OF THE
ENVIRONMENT
hereinafter called the "Crown")
OF THE FIRST PART
-and-
THE CORPORATION OF THE
(hereinafter called the ' Municip
OF THE SECOND PART
WHEREAS the Municipality has equested the Crown
to provide sewage disposal facHities fo the Municipality
and its inhabitants;
AND WHEREAS the Crown has a eed to do so;
.
AND WHEREAS the Council of t e Municipality has on
the 18th day of March 197'+ passed By-law
No. 3031 authorizing the entering in 0 this Agreement and
the execution of this Agreement by the unicipaJity.
THIS AGREEMENT WITNESSE that in consideration
of the premises and the covenants, c nditions and payments
hereinafter set forth, the parties her to respectively agree
under section 52 of The Ontario Water esources Act as follows:
Section A - Construction (Structures an Assets)
.
2.
1. The Crown shall construct, acq 're or provide at its
own expense, a sewage works roject in accordance
with the schedule attached here which sewage works
project will be identified as Pro ect No. 2-0~l3-7~
All property acquired or provid d by the Crown for
the purposes of this Agreement shall be and remain
the property of the Crown until wnership thereof is
transferred by the Crown as he ,einafter provided.
Section B - Maintenance and Operation
3. The Crown shall provide for th management and
contro}, operation and mainte ance of the said
sewage works project, but the rown shall have
the right to shut off or reduce e amount of sewage
received or accepted from the unicipality in cases
of emergency or breakdown or hen it may be
necessary in maintaining or ex nding the system,
but the Crown shaH endeavour hercver possible to
give to the Municipality reason bIe notice of
intention to shut off or reduce cceptance of sewage.
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4.
Unless otherwise so provided in is Agreement
the Crown expressly restricts its responsibility
to sanitary sewage and reserves t itself the
right to refuse to accept anything lse. The Crown
may, however, consent in writin to accept land
drainage and/or industrial wastes
5. The Municipality shall not permit any party not
located within the limits of the M nicipality to
connect to or dispose sewage thr gh the said
sewage works project except with toe approval
of the Crown.
6. No waste contaminated by any ch micals or sub-
stances which in the opinion of th Crown may
constitute a damage or hindrance to the processes,
plant or equipment of the sewage orks project
shall be emitted or deposited int any sewer
connected directly or indirectly t the Crown's
said sewage works project,
Section C - Charges for Disposal
7. The Municipality agrees in accor ance with section
53 of The Ontario Water Resourc s Act to pay to
the Crown the following sums:
(a)
I n each calendar year duri g the currency
of this Agreement, comme cing with the
calendar year in which occ rs the date of
completion of the said sew ge works project,
.
(I) the amount ofinteres and expense of
debt service that wou d be payable by
the Ontario Water Re ources Commis-
sion in each year cal ulated by apply-
ing the average rate f the interest
and expenses of debt ervices that
would be paid by the tario Water
Resources Commissi n to the
Treasurer of Ontari were the said
Ontario Water Resou ces Commission
not dissolved in res ct of the
project.
.
(II) the total cost to the
such year of the ope tion, super-
vision, maintenance, repair,
administration and i urance of such
sewage works projec ; and
(Ill) the total amount in e ch such year
placed by the Minist r of the
Environment to the c edit of the
reserve account for enewals,
replacements and co tingencies in
respect of the said s wage works
project but not excee ing I! per cent
in anyone year of th cost of the said
sewage works projec .
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(b) In each calendar year for 0 years
commencing with the calen ar year in
which occurs the date of cc mpletion of
the said sewage works pro ect such sum
as would be necessary witl interest
compounded annually there n at the rate
per annum specified in par graph 2 of
section 53 of The Ontario' ater Resources
Act to form at the expiry 0 30........
years a fund equal to the c st of the said
sewage works project.
(c) The Crown shall not call 0 the
Municipality to pay any shf re of the debt
due the Crown by any othe] municipality
which has already been apI ortioned and
allocated to such other mu icipality and
the payment of which is in rrear.
8. (a) The Municipality shall pay the Crown
quarterly and not later tha the 15th days
of March, June, Septembe and December
in each year the sums due y the
Municipality, all in accord nce with
section 56 of The Ontario' ater Resources
Act.
(b) In each calendar year, the Crown shall
deliver to the Municipality a statement
. showing how the charges, djustments
and allocations are made u
Section D - General
9.
(a) This Agreement shall rem in in force for
.... .30 calendar years fc llowing the date
of completion of the said s wage works
project and shall continue n force there-
after until all obligations 0 the
Municipality to the Crown ave been dis-
charged to the satisfaction of the Crown
as evidenced by a certifica e of The
Ministry of the Environme t. Thereafter,
the assets of the Crown ac uired or
provided solely for the sai sewage works
project shall, at the option of either party
to this Agreement, be tran ferred to the
Municipality.
.
(b) Where, however, the projEct serves
municipalities or persons ther than the
Municipality party to this L greement,
neither shall this Agreeme t terminate
nor shall the ownership of :he said assets
be transferred unless and ntil it is shown
to the satisfaction of the C own that, in
addition,
(I) all the obligations to he Crown of
such other participan:s have been
discharged;
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10.
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(II)
the Municipality par to this
Agreement has reliev and will
indemnify the Crown om any
obligations which the rown may
have arising in any w y out of the
participation in the p oject by
such other participan s: and
(III)
the Municipality par
Agret'ment has agre with each
of such other particip nts as to
the tenns and conditi ns under
which the Municipali party to
this Agreement will t ke over the
assets as aforesaid.
(a) The Crown may, but only a r prior
consultation with the munici ality party to
this Agreement, permit any other
municipality, person or per ons to connect
directly or indirectly to its ewage works
project on such equitable te ms and
conditions as the Crown ma think fit and it
shall not be held that the se age works
project contemplated under his Agreement
is exclusively for the purpo es of the
Municipality party to this A eement. And
for such purpose the Crown hall have
power to extend, alter or e arge ,the
sewage works project as it eems necessary
provided that no additional pital costs
therefor shall be charged er this Agree-
ment to the Municipality pa to this Agree-
ment.
(b) ]n the event that the Crown hall permit any
other municipality, person r persons to
connect as aforesaid, the A sistant Deputy
Minister, Water Manageme t of the Ministry
of the Environment in re-ad sting the
proportion payable by the M nicipality party
to this Agreement shall hav regard, inter
alia, to the amount of capita costs of the
sewage works project alrea paid off, to the
age of the project and to the eeds of the party
or parties so permitted to c ect, subject to
the right of the Municipality 0 arbitrate the
same under section 53(4) of he Ontario Water
Resources Act.
n. The appropriate share of earnings on the Ontario Water
Resources Reserve Account and 0 the investment there-
of shall be allocated and credited t the reserve account
referred to in Clause 7, in accord nce with section 57(4)
of The Ontario Water Resources A t.
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12. Where rates that are based on the arer rates, or
charges charged or chargeable in r
land are lmposed by the Municipali
or occupants of such land in respec of the sewa¡1;e
works project and arc charged on e water bill, the
Municipality shall, in default of pay ents of the
rates in respect of the sewage war project.
exercis<.: when necessary all remed es provided by
law for the collection of such rates, and without
limiting the generality of the foreg 'ng, if any such
default continues for a period of six months, shall
shut off the supply of warer under e authority of
subsection 4 of section 27 of The lic Utili ties
Act.
13. Anything herdn contained to the co trary notwlth-
standing each and every of the prov sions of The
Ontario Water Resources Act, any ubstitutions
therefor or amendments thereto, a d regulations
thereunder shall be terms of the wi in Agree·
ment, and this Agreement shall be cad and
construed as if such provisions had been written
herein, and in the event of any such conflict,.
ambiguity or mconsisrency between any provision
of the said Act Or regulations and e terms of
this Agreem<.:nt the Act or regulati shall prevail.
.
IN WITNESS WHEREOF the Crown nd the Mumcipality
have caused thi s agrecm<.:nt to be executed y the affi xing of
their hand and seal and corporate seal atte red by, the signature
of the proper officers duly authorized in th t behalf·
HER MAJESTY THE QUEEN I RIGHT OF
ONTARIO AS REPRESENTED BY THE
MINISTE R OF THE ENVIRON ENT
Minister
THE CORPORATION OF THE TOWN OF KINCARDINE
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Clerk
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SCHEDULE liB" TO AGREEMENT FOR PRELIMINARY WORK
SCHEDULE TO AGREEMENT BETWEEN
HER MAJESTY THE QUEEN IN RIGHT 'OF ONT 10 AS'
REPRESENTED BY THE MINISTER OF THE ENV RONMENT
, and the
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CORPORATION OF THE TOwN OF KINCARDINE
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Consulting Engineers:
B.M. Ross & Associates Limited
SEWAGE WORKS PROJECT # -0313-73
D ETA I L S:
'Sanitary Sewers to be constructed as follows:
ON
FROM
West Street
King Street
West Street
Campbell Street
King Street
Shakespeare Avenye
Schevchenko Blvd,
Schevchenko Boulevard
Schevchenko Boulevard
Shakespeare Avenue
Mechanics Avenue
West Street
Mechanics Avenue
Princess Street
William Street
Broadway Street
King Street Eas't
Gary Street
TO
Campbell Street
Approx. 150' East
of West Street
Huron Terrace
King Street
Þ~Drox. 350' West of
Shâkespeare Avenue
Approx. 350' East of
West Street
William Street
Approx. 300' North
Broadway
North Street
including building sewers from the main sewer to the street line.
TOTAL ESTI~~TED COST INCLUDIKG ENGINEERING & CON INGENCIES:
$116,016.00
March 11, 1974