The URL can be used to link to this page

Home My WebLink AboutKIN 71 2194 Agree Ont. Water Re ~ · . -- · cW .......... BY-LAW NO. 2194 OF THE CORPORATION OF THE TOWN OF KI CARDINE · W}lEREAS U is desirable 1öhat the Co ration of the Town of Kincardine enter into an agree.ent Water Resources Co..ission with respect to the ction and operation of Project No. 2-o2g2-70, which was de. crib in a "'eliainary way in Schedule nB" to the agree.ent for reUminary work. BE IT THEREFORE ENACTED ., Council of the Corporation ot the TOWN OF KINCARDINE as tollows: The Mayor and Clerk are hereby author zed and directed to execute an agreement ith the Ontario Water Resources Commission in the torm attached hereto as Schedule "An. READ A FIRST TIME on 1öhe seventeenth day of June , 19 1. READ A SECOND TIME on the 88Yen1öeenth day ot June, 19 1. READ A THIRD TIME AND FINALLY PASSED on the seventh dy of July, 1971. ~ Clerk '<'- ~ .... ",~ -..../ "-:.. --:. './ --.. ./' v'"'_ ;;.. ,,- -: .=:. -. ...;:;...... - ~~ . . . . ";::'-.r ...'-' "::.:~~~~~ ;~§7::' -..~ ~... . "~ SCHEDULE "A" TO BY-LAW NO. t/,. OF THE CORPO TOWN OF KINCARDINE SEWAGE WORKS PROJECT NO. 2-0282- 0 THIS AGREEMENT made in triplicate this ~ d ~...o/-, One Thousand Nine Hundred an BETWEEN TION OF THE day ot ?/. hereinafter called the PART , OF THE - and - THE CORPORATION OF THE TOWN 0 KINCARDINE hereinafter called the WHEREAS the Municipality ha.s reques Commission 1;0 provide and operate sewage Municipality and its inha.bitants; A]ŒlWHEREAS the Commission has AND 'wHmm:As the Council ot the on the day ot 19 pass No. authorizing the Municipality to ent to execute this Agreement; ipality has d By-law r into and AND WHEREAS the Municipality has a lied to Central Mortgage and Housing Corporation under the Na ional Housing Act, 1954, for a loan tor the purpose of assi ting in the construction ot the said sewage works; THIS AGREEMENT WITNESSETH that in c nsideration of. the covenants, conditions and payments her inafter set forth and pursuant to section 39 of The Ontar 0 Water Resources Commission Act, R.S.O. 1960, chap. 81, the parties hereto respectively agree as follows: Section A - Construction 1. The Commission shall construct, ac ire or provide at its own expense, a sewag works project in accordance with the Schedule att ched hereto. The Commission shall cause construe ion ot the said sewage works project to be co enced by ..) v L r' o¡ I 1971 unless such const ction is delayed for reasons beyond the cont 01 ot the Commission, and thereafter, to be p oceeded with in a substantial and workmanlike mer, in accordance with the plans and speci cations submitted to Central Mortgage and H using Corporation by the Municipality with the Munici ality's loan application dated Feb. 2, 1971, and as may be altered and as approved by the C ssion. 2. All property acquired or provided b for the purpose of this Agreement s remain the property ot the Commissi ownership thereof is transferred by ....as hereinafter provided. the Commission 1 be and n until , the Commission ~. I 'I \' 1,,,Ji " ;} II No person shall be refused emplo otherwise discriminated against i employment because of such person colour, religion or national ori Canadian labour, parts and materi to the full extent to which the s procurable; All employed persons are paid fai wages as defined by the Fair Wages and Hou s of Labour Act, R.S.O. 1952, chap. 108 and t e working hours ot all employed persons sh 1 not exceed 8 hours per day or 44 hours per w ek except as otherwise provided in the said Act. - 2 - Thé Còmm1asion shall use its best etto ensure that, in thè construction of th works project, (a) (b) (c) (l) sewage ent or regard to s race, n; are used are The Commission shall, upon the re uest of the Municipality permit persons autho ized by the Municipality, to enter upon and inspect the said sewage works project during the cons ruction thereof; to examine from time to time records and accounts in respe construction of the said sew project, maintained by or un of the Commission. (2) The Commission shall furnish to t e Municipality, to the extent available to the C ssion, such information as may be requi d from the Municipality by Central Mort age and Housing Corporation pursuant to e said loan application and any agreeme s thereunder. (a) (b) ection B - Maintenance and 5. ...f- eration The Commission shall manage, operate, maintain the said sewage works projec have the right to shut off or reduce of sewage received or accepted from t i ty in cases of emergency or breakdo it may be necessary in maintaining, r extending the said sewage works proje Commission shall, when practicable, e give to the Municipality reasonable n intention to shut off or reduce the v sewage. The Municipality shall supply only s sewage to the said sewage works proje the Commission otherwise consents in repair and and shall he volume e Municipal- or when pairing or t, but the deavour to tice of lume of tary t unless riting. The Municipality shall not permit any person not located within the limits of the Muni ipality to connect to or dispose of sewage throu the said sewage works project, except with the prior written approval of the Commission. The Municipality shall not permit any wast in the opinion of the Commission, may d interfere with the operation of the said s works project, to be deposited or dischar any sewer connected directly or indirectl said sewa.ge works project. Section C - Cha.rges for Disposal 9. r , -~ ~i //"" ) ;...¡ The amount of interest and expe debt service payable by the Co in each such year calculated by the average rate of the interes expenses of debt serVice paid b Commission to the Treasurer of in respect of the project; (ii) The total cost to the Commissio in each such year of the operation, sup rvision, maintenance, repair, administra ion and insurance of the said sewage wo ks project, and The total amount in each such y by the Commission to the credit reserve account for renewals, r and contingencies in respect of sewa&e worKS project; but not e 1 ]/2% in any one year of the co the said sewage works project. (b) In each calendar year for thi y yea.rs commencing with the calendar ye r in which occurs the date of completion 0 said sewage works project, such sum as woul be necessary With interest compounded annual y thereon at the rate per annum specified in paragraph 2 of subsection 1 of section 40 0 The Ontario Water Resources Commission Act, R.S.O. 1960, chap. 281, to form at the expi of thirty years a fund equal to the cost f said sewage works project. - 3 - The Municipality agrees in accordance wit ot the Ontario Water Resources Commission 1960, chap. 28l, to pay to the Commission sums: (a) In each calendar year during the cur this Agreement, commencing with the. year in which occurs the date of com of the said sewage works project, (i) (Hi) (c) The Municipality shall pay to t all amounts received by the Mun1 Central Mortgage and Housing Co account of the cost of the said project upon receipt of the sai the Municipality and the Commis deduct the said amounts from th said sewage works project. which, e or wage d into to the section 40 ct, R.S.O. he toll owing ses of ssion applying and the tarl0 a.r placed of a placements the said ceeding t of e Commission ipality from oration on sewage works amounts by ion shall cost of the o. - 4 - (d) The Commission shall not call on Municipality to PSlf any share of the Commission by any other munic has already been apportioned and such other municipality and the p which is in arrear. (a) The Municipality shall PSlf the Co quarterly and not later than the March, June, September and Decemb year the sum due by the Municipal accordance with section 42 of The Resources Commission Act, R.S.O. 28l. (b) he he debt due pality which located to ent of ssion 5th days of r in each ty, all in Ontario Water 960, chap. In each calendar year, the Commis ion shall deliver to the Municipality a sta ement showing how the charges, adjustme ts and allocations are made up. ection D - General .~ If ",;;¡ 1. / (a) This Agreement shall remain in fo ce for thirty calendar years following he date of completion ot the said sewage wor s project and shall continue in force thereatte until all obligations of the Municipality t the COmmission have been discharged t the satisfaction of the Commission, a evidenced by a certificate under the seal 0 the Commission. (b) The property of the Commission ac uired or provided solely for the said sewa e works project, save and except the bal ce remaining to the credit of the reserve acco t referred to in Section C, paragraph 9(a)(i i) hereof, shall, at the request of the Muni ipality in writing be transferred to the icipality on completion of the said sewage orks project, and the said balance, together wi h all earnings allocated and credited t the reserve account under paragraph 12 hereof shall be transferred to the Municipality 0 the termination of' this Agreement. (c) Notwithstanding paragraph 11 (b) bove, the COmmission shall continue to mana e, operate, repair and maintain the said sewa e works project until the termination of his Agreement. 12. The appropriate share of earnings on t e Ontario Water Resources ColDIIIission Reserve Acc unt and on the investment thereof shall be alloca ed and credited to the reserve account referr d to in paragraph 9, in accordance with sectio 43 (3) of The Ontario Water Resources Commiss on Act, R.S.O. 1960, chap. 28l. 13· Where rates that are based on the water rates, or charges charged or chargeable in respect of land are imposed by the Municipality on the owners or 0 cupants of such land in respect of the sewage works pr ject and are charged on the water bill, the Municip ity shall, in default of payment of the rates in espect of the sewage works project, exercise when ne essary all ,remedies provided by law for the colle tion of such ,J 1 II (7 , - 5 - I'il.tes, ànd without limiting the gener of the foregoing, if any such default a period of six months, shall shut off of wätér under the authority of subsec section 27 of Thé Public Utilities Act 4. Anything herein contained to the contr hotwithstanding each and every of the rovisions of The Ontario Water Resources Commiss on Act, R.S.O. 1960, chap. 281, any substituti ns therefor or amendments thereto, and regulations thereunder shall be terms of this Agreement, and his Agreement shall be read and construed as if such provisions had been written herein, and in the e nt of any . conflict, ambiguity or inconsistency b tween any provision of this Agreement and any p vision of the said Act or regulations, the Act regulations shall prevail. ity ontinues for the supply ion 4 of 5. In the event of any dispute or dif'fer between the parties hereto as to the ot this Agreement or the payment, adj apportiorunent of any sums payable by Municipality hereunder, such dispute shall be reterred to arbitration in a section 40 of The Ontario Water Reso Act, R.S.O. 1960, chap. 28l, and the agree to be bound thereby. IN WITNESS WHEREOF the Commission and the Munici- pality ha.ve caused this Agreement to be ex cuted by the affixing ot their corporate seals atte ted by the signatures of their proper officers duly a thorized in that behalf. ce arising terpretation stment or e r difference cordance with ces Commission arties hereto ~~~~.tr;. Chairman ...~¡(.6:b General Manager 'f . ...... ... THE CORPORATION OF ~.?2¡. .. .. Clerk . .. .. .. .. .. .. .. .. .. .. .. .. SCHEDULE TO AGRDMENT BETWEEN ONTARIO WATER RESOURCES COMUSS ON and the CORPORATION OF THE TOWN Oil KIN INE Consulting Engineers~ B.M. Ross Associates Limited DETAILS PROJECT -0282-70 SEWAGE WO The construction o~ sewage works for the Town 0 Kincardine as ~0110ws:- S·í~-~· FROM Sanitary Sewers Shevchenko Boulevard (N. Limit of Shevchenko Blvd) Block B Plan 638 King Street ~}l Fairgrounds (EaSement) (;) .",{." Lovers Lane & Easement King Street Saugeen Street Lambton Street Broadw~ Ave. Saugeen Street Saugeen Street; Saugeen Street Durham Street; Durham Street Broadw~Avenue Lane in Lot 1 MacIm1ald Avenue Durham Street Princess. Street Mechanics Ave. CD o Nelson Street Approx.330' W. o~ Princess St. TO rgrounds(Easement) ton Street n Terrace A .4001 N/ly. w~ Avenue of James Street Broadw~ Ave. Mec anics Avenue Mechanics Avenue Approx. 15()' W. Sut on Street o~ James St. Sutton Street Mechanics Ave. Kin Street King Street(Hwy 2l) Sutton Street App ox. 9'75 1 E. of Sut on Street including building sewers from the main sewer to the street line, together with the construction o~ a new ing station to be located at Broadw~ Avenue and Saugeen st et; equipped with two, 500 IGPM pumps and standby power f'acil ties; a ~orcemainfrom the new pwnping station to the. ex sting sewer south of Harbour Street on Huron Terrace. 2. . BSTIMA'l'BD calm - 2 - Robert Simon Construct10nLtd. (Contract) Engineering. and Supervision . Land, LegaJ.· and Surveys M1scellaneòUl!I Interest * 359,980 42,540 1,225 269 .14,140 $ 418,l54 , .', -.. .~- <.t.., Q Œ II Debt to OWRC: DBB'l' to CMHC CMHC Write-of'f' Estimated Net Long Term Debt $ 325,289 92,865 $ 418,l54 23,2l6 . $ 394,938 · I -.- · . ~;. ~--::t · w ...,.,. ONTARIO ONTARIO MUNICIPAL BOARD ¡:c.t tL _ UI.~ .. ..."'" ._.~..~ '" =.:..... .... ~. n~ . . . 11.,. f...... ~.~~= of ...., Qrll1l.~I"" ... ..._ 1M v.r...... " 1M aW ... _ ~w.ln .... .. . ·Iuha .. ~.I1l' ..... .. ~":~=t=' J';.. . R~ø.~·~~". --:,,. . .. .-s: i:'-:. 'I..""'....... ., ... .. ... . ....... ~l'''''''' ... .:'C:. n. ., .." 1Ii .. IltllI a.,..., k:;1~.:~ --- .1'Ad...... .. .... Øþ. It:;~" ... _ AMtfA.. .... _. ..1111....5 .11..... ..~ 01 .. ...~JI..lll. ., ... ., _.1 nM _fll,II._ .,. s.. . ""hRd ...n·..... ., flU ~.,. Itftnlt1wfll 11J 1 tit ...,.. r "WI ~,... " .. ..,~ .... It. L ... . .. .. .., ...... 1.11 " . . "ltr ., .. ... ~A,; · · . - · · '!..-- ; ~ _-c....{,'...;.. w ONTARIO ONTARIO MUNICIPAL BOARD .,. .,.,.fO .. .. _~IT"'1'" ... fill ......00 .... ... Ulntl'lrl.......... .... II .. ., 14' ,...., ... ,... ......-1 ., 1M '-JtlMi/ÞI 01 .. 1IIö\t_t' I lIT IØI* ., .S.16. ... a. JIII.IPn, .., .... ... .......... ...... '" ...... .... ......" aa ., 1.... " ....~~11ff .......,.... » !IdIOt .. ..... An ....,....... I [ ~..._ ... ..... .. ... .. eI Ie. rhr. 970,... _lI1."l.k1~~. Sa UA '11111""'" .. ÞA!t:kdol IIØ....~ "... .., .. 811 .-~Vt"""''' 1_ ..,. ... 1m. ...... "11~"'''' ...~.l AÞI, tal .AU _DII.. ..... .. ia ~ .......-........ _.Ift_ .. 1M _... ,.VI.. .,...... &a .... Itlflll, ....~ .... ... ... ... ... ... 11.1"1" -'_.... .... ..... .., ""I' _ ...........ttl ...,11....., a1U '1Ilfl'Mt_ ., .. 1I'Ift.............. et .. lit"'" ...'"' ....,.r.... ..,. .. ........... ..,. fÞI .... ..... . .. ,.... ... ., 4JeU. s.m. 1M ....... &a .. ... .. a' ... ,., .. .. sa .... ., ..... 1m ,. .. ., ... ... aM aU. .,,1.1."- "..'n.... .1Ar).... .., .... .u ... ...... ~. "1ue ~J("" .... .. Ulnl .. ..,.... Ja .. P<:L.' __ .'11 f("C .,.,,66$.01 ~ tlitlda .... ".. , ....... .. .. .w 1I-''4IM ...... ......... ... .. ~n'J lrat'_" _I...~~ .., ,...... . "" .... ...... <ton _. Jar.......u *",*" eM ..... 1 ....'J ti LlW ~ .t¡¡lk. ...... -.,,~ · · - . · :.: ~) " ...............e,. ;I' · 11 ONTARIO ONTARIO MUNICIPAL BOARD ...,- ............ .. _10111 ._., .... loW ..u ~.fik" .'If ~dl" Iud..."............. .. . ..." ..... ,...... .. lï .. tn-t". 4 ... .. 18* .., ., ..,. wn. . _.,~ ., lni1- .. " "14Ii~_"''' ...fll..... tC7"...' ",-,., ... .. ........ r-#. at .. .0. tie ... .. .. t:U.tIII ._ .. I. .. . .. 'n ., .... un.. Itål6SI.aø ..... ENTERED O B No 1M ......... Fe!· ·10' NO·: :·:···..13f.U-¡:.:..:.::......... .~_....... AUG 25 1971 ,\~ Aetlll, Secnl"J'f, Ontario 1I!1,Inlclpel lid