Loading...
HomeMy WebLinkAboutKIN 69 2090 Water Treatment Plt -., .., v,,,¡·_~, '" >¡,' .... CO~RATION OF THE TOWN OF KIN RDINE ,. BY-LAW NO. 2090 . . WHEREAS the Corporation of the Town of Kincardine bas been requested by the Corporation of the Towns p of Kincardine . to co..-operate in .the provision of sewage and w ter treatment to a proposed subdivision in the Township of K ncardine owned by Huron RidieLimited. NOW 'rHERBFORB the Corporation of the T n of Kincardine j. enacts as followsl .. "I ¡ ( 1. . . That this Corporation enter into an' Ai eement with the Township of Kincardine and Hu on Ridge Limited to provide for· expansion of sewage and water facilities· . "; ~ . , within the Town and a contribution. ,to 2, . That the Mayor and Clerk are hereby e c:1osts thereof tQ . be made; by Huron Ridge Limi ted all . n accordance with . :the.terms of the s.aid Agreement dated "'" . .. herewith. ,',' , execute the said Agreement and such y.. .as may'! be necessary to· carry out the and tò attach,·the Corporate Seal there th!!reof, . _. , ',.:."{ , . . . . ___v..READ a first and second· time this 27th day of ~.~~t~~-~;~~:·¥<- . . :...7v'.,.1f -; .:.;... -_ ::,-- E ~:". ~ .~ ,':¥ ~ 'v~ (./~ -.:.. ~ ...- ec '....,. ....... ""'v - ""':- ~~,__~~';¡,"x-' . ~~_~"'_#'.;t'; ,dO ...._"..,;" ',,'" ",.", ........;j..... , ~. .._----..-.;,-~.~'.~ . READ a third time and finally passed this 27th 1969. ... ... .~-, f ';-----.r<-.' f ~ /"..... r ~ -:.~ I r ~. ~ .,:: ~_~\r: ~._7". ,_. ~ /"\~t""- -... - . .. . .~';";'\~ -' ~""'''ß-'' ..~.'~ ....,. , ./',-- ::'"'J!:; ......-"..~ ~~'. ..~ .'" ~. -- 'h(jA ~"".~~. . <iò ,',,',,-. ..~.. .,~ ~-;it-" _~~"'v.~... .' . ~~;:;;.~:±:~~~>~. . August, 1969. - - - 2; -... ...,;;; --:: <.-(;.. ........ -......"....... '_".r,~~.~~~'~;- í ¡ I· - ~. ,':'~:"'~' ~ ,,: ~"""7... -- ~~ "':" ../'....- ~ V"'"':' ~ -..." -::-::: '- - - -J'o _.... ...:/: ..........":.... .' ./ " ·.·V;; ~ ...;.1,,1" ;. . .\:\...- /... "'__._~,":~~-""v-::~_- ~.. ,;';- ......- '.. f .;,0. " , f r .\ . .. . - - -~..:.'-.:.;;..,~ ~--~..::;,_...~~"..,...~ *.._-.-F I ,""""""1-'" ~, ----,.......,-,.. -' --:;;'¡¡¿'~.;'~:': ? ~. .... ".",V . · · .' e · · THIS AGREE~mNT made this 27th ay of Aug~st, A.D. 1969. à E T WE E N: THE CORPORATION OF THE Tq\VNSH P . OF KINCARDINE Hereinafter called the "Towns ip" OF THE FIRST PART; -and - THE CORPORATION OF THE TOWN 0 KINCARDINE I:!ereiqafter called the ·"Town" OF THE SECO PART; - and - HURON. RIDGE LIMITED Hereinafter called the "Owne " OF THE THIR PART. WH~REAS by the terms of a su division agreement between the Owner and the Township dated an executed concurrently 'herewith..in respect to a plan of subdivisio filed with the Department of Municipal Affairs of the Prov nce of Ontario under File Number T-l9538, the Owner agreed with he Township to construct andins~all a sanitary sewage syst throughout its said plan of subdivision and tò provide for the effluent thereof to be connected in such manner. as the Towns ip might request, . subject to the approval of the Ontario Wat Resources Commission . . and any other interested body. AND WHEREAS the Township ha requested the Owner ·to connect the effluent from its sanitary the sanitary sewage system of the Town and the to such connection upon the terms and conditi ns hereinafter set out, 'AND WHEREAS the Town has re uested that the effluent from such sanitary sewage. system e at a point at the south-westerly corner of the said plan of ubdivision in order that it might more logically tie into the evelopment.of the ~ · · . . · · Town's san:i,tary sewage system, AND WHEREAS by so locating the efflue t, the Owner has been relieved of the cQst of providing du licate trunk sewers thrQugh a portion of the Town, and the Owner has agreed to contribute the CQst of providing a connec ion with the· sewer and water facilities of the Town and a ionate share of the capital cost of expanding the sewage a"d wat r treatment faQilities of the Town; AND WHEREAS the Owner has received d approval to Section I of its subdivision comprisin development of which may proceed temporarily on se provided that the said Section I is preserviced, AND WHEREAS the Township and the To to the joint operation and expansion of the existi disposal plant of the Town. NOW THEREFORE, the parties hereto co venant and agree each with the other as follvws: ,~. -2- ft plan 49 lots, tanks have agreed 1. The Owner hereby re-affirms its dertaking in accordance with the terms of the said agreement between the Township and the Owner dated and executed concurre tly herewith to construct the sanitary sewage and water system ithin the said plan of subdivision and in accordance with the te conditions of sùch agreement. 2. The Owner hereby covenants that p Township issuing any building permits on the said in Section I of the Owner's subdivision, it will the sum of $47,500.00, which amount shall be held to the lots included to the Township the Township in Trust for payment to the Town of Kincardine whe required for payment of the capital costs attributable to the as set out in paragraph 3 hereof, of expanding the sewage facilities of the Town and a provision of connecti n between the Town sewer and water systems and the Owner's subdivisio (hereinafter called the "works") when required for payment of the the Works .,,,/''' " 4" - 3 - . The Owner hereby agrees to post with, the To ship a bond in the joint names of the Town and Township uaranteeing payment of a further deposit of $161,900 imm diately upon receiving draft plan approval by the Ministe of Municipal Affairs to Section 2 and Section 3 of the sa d plan of Subdivision. After registration. of Section. 2 and Section but prior to the issuance of anybuiiding permits by hip, the Owner yment to the Town agrees to pay to the Township the sum of $16 ,900 which amount shall be held b:f the Township in and the said bond shall be returned to the nero It is understood . e and agreed that all interest on monies held by the Township in accordance herewith shall be received for t e benefit of the Township in its General Account. 3. ·It is understood and'agr ed that the Owner shall be responsible for twenty-five per ce t (25%) of the actual capitál cost of expanding the sewage system of the· Town, twenty-three percent (23%) of the·actual c pital cost of expanding. the water facilities of the Town nd the total actual - . cost of work across the golf course and to hevchenko Boulevard all as set out ln a report to the Town of K ncardine dated July 2nd, 1969 from H. H. Gibson, P. Eng., If the said $209,400 the Township agrees subject to ap the sum of cost, which are the responsibility Of the 0 er as provided herein,. exceed the sum of $209,400, the 0 er agrees to pay , . to the Township such excess 'immediately upo demand, provided that if, after the total costs which are t e responsibility of the Owner are ascertained, said costs are the TO\-m, to repay such surplus to the Owner. . 4. The Town hereby agrees 0 accept sanitary sewage from the sanitary sewage system on hesaiã plan of subdivision.at the location indicated as . oint X· ·on the attached SChedule "A", and that it will en ct the necessary ¿,.' :""~ v·..' - , - 4 - by-laws to proyide for the construction of s itaty trunk . will proceed sewers within the Town and connect them to t e sewage disposal plan of the Town. The Town further agrees t to obtain all the necessary approvals for th said by-laws and proceed to construct the said Works. S. The Town shall provide an operate as part of its sewage works such equipment as may be necessary to determine the volume of sewage transmitted f om the sewage disposal syst~ in the lands of the, Owner to Point X and the . Township may from time to time inspect such quipment at its eXPense; however, it shall be the responsib'lity of the Town. to keep such recording equipment in good co . e 6. The Township agrees that it will pay to the Town annually within fifteen (15) days afte the delivery of a statement of account therefor, an amount fo such treatment and --~ -,;- '< disposal calculated by the following formul ANNUAL PAYMENT BY TOWNSHIP = ACTUAL ANNUAL COST OF T WN X ANNUAL GALLONAGE OF SEWAGE RECEIVED AT PINT X TOTAL ANNUAL GALLONAGE F DOMESTIC SEWAGE . TREATED BY 1'OWN The Town's actual annual cos shall: be determined - . by .the Town's Auditors. and shall include t cost of maintenance and oper,ation of the sewage disposal plant nd the interest charges on debt for any extension to the .sewage di posal plant made after the date. hereof. 7. The parties hereto agre that the monies to be paid to the Township by the Owner and t be held by ·the Township in Trust for payment to the Town f the capital cost of the Works attributable to the Owner's 1 nd, shall be paid to the Town in proportion to the OWner's liab'lity pursuant to paragraph 3 hereof as required by the Town for payment of .the ' . said costs. The Town. agrees not to cornmen e any work which would require the Township· to pay to the Town m e than the Owne~ has deposited with thè Township or secured' by guarantee bond. _."",~ - 5 - .' ..+..~ ... 8. The Township shall, as so as possible · after the execution-of this agreement, and n t later than prior· to the actual effluent of sewage from Point into' the system of the Town, pass a by-law to control the di charge of sewage as defined in the Ontario Water Resources Commi sion Act into any sewer, or sewer system of the Township. &uc by-law shall contain provisions not less restricted than any by-l w passed by the Town and shall be amended from time to time 0 that the restrictions shall be not less restrictive ·than those con ained in the Town I s by-law with by-law to prevent excessive quantities of w ste products which would interfere with the operation of the s age treatment .plant · e of the Town and that the Township shall enf due diligence. 9. In tne event that a disp te occurs between the Town and the Township in respect to the interpretation or implementation of any of the terms of this greement, the dispute shall be determined by the award an determination of the Ontario Municipal Board or other author'zed authority and the cost thereof shall be shared equally b the parties hereto tþ · irr.espective of the outcome of the said a ard and determination and notwithstanding any award of cost as y be made by the Ontario Municipal Board or other authorize authority pursuant to its powers in that regard. 10. This agreement shall e ure to the benefit of and be binding upon the parties hereto nd their respective successors and assigns. 11. The obligations contai ed in this agreement on behalf of the Town and the 1 be subject to the approval of the Ontario Water Resources C ission and/or the Ontario Municipal Board if such appro by · law. IN WITNESS WHEREOF the par ies hereto have hereunto affixed their respective corpqra e seals duly attested ...If·! c.;'" ~ -6- to by the hands of their proper signing offic rs authorize~ . in that behalf.. SIGNED, SEALED AND DELIVERED -~~"::"~~::: ~ ~ ~ -/\'~"'''''~'1 ,-¥ .... "," 4....../"~_ .v"-.:::' ~-_ _'~ª:~ 1: .,¡.. - - ". ~ -^ \r -, ...-"', ~,';';-,'0 ..\':."'.- .....:::.~;~ ...';.,'~'~'--:-,,~" ----~ . . . . in the presence of ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) . ) ) ) ) THE CORPORAT ON OF THE TOWNSHIP OF KINCARDIN Per: Per: Reeve Clerk THE CORPORAT ON OF THE TOWN OF KINCARDINE Per: Per: ,..,. ^~ ,. '-". '....... .-'- ?- --/"'- Clerk -_.- HURON RIDGE IMITED Per: Per: l ','.'/-', ~ . :. ',' .. . .,:". ... .,. ""'....~ . ,., . . ..;' <,:j:,~';'::Ü,;;:;":,.f·':~1~", "" .¡, ". >ii',~,."~ ¡1...r-.l;'iI-'" ~. .,,~, "';;'þf.~. ~".f ':t:O. " .,,:" it-;' " '. '.'~~, I,; :·~...'.1r{~~~~. ""r'~.~,,,,~~,...,/ ~ ~: .;.. ..: ~ .~:' ,.,.,,... ,'f.,J,.-..:t.' ~1õI'..¡a~,!t~-a:: ~ ;,1 ',".... ,. .,'. ~ . J SCHEDULE ..- "An . . .. . ...d... (¡'~j, '. . .. I';. aO' . - . . -~' -"'1'>~' . .,'..¡.¡;..¡;''',.....". , .". ... /, "',I ~al~~'<i.i"'^'~.¡~. >,...... _. . '(' ¡"~ ,J.. " '/~I-y,. j, . - ,'. . . .~~<~ .¡. ;~3' 100 .' I.....¡..$_..~ of' . , . .1..''1,... 1, t~,1 . ~.:~, ' :- \ '\11 - ..... - .t'; " . f.. ~: ~.. ;'. " '; ~.. . ,., . >" .~~, - >- ',', ".." ".. .....-........-.-...........-..... ,..~.-,..*-_.._~._. ..