HomeMy WebLinkAboutKIN 67 1995 Agree Ont Water
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BY..LAW NO. 1995
OF THE CORPORATION OF THE TOWN OF KINCARDIl'Œ
WHEREAS it is desirable that the orporation
of the TOWN OF KIICARDINE
enter into an
,the Ontario Water Resources Commission with res to the
construction and operation of Project No.67-S-22 which was
described in a preliminary wa;y in Schedule liB" t the agreement
for prel:Lm1nary work.
BE IT THEREFORE ENACTED by the cil of the
C01'l)Oratien of the TOWN OF KINCARDINE as follows:
The Mayor and Clerk are hereb
authorized and directed to execut
an agreement with the Ontario Wat r
Resources Commission in the form ttached
hereto as Schedule "A".
- READ A FIRST TIME on the twentieth da;y 0 October 19 67
READ A SECOND TIME on the 1;wentieth da;y 0 October 19 67
READ A THIR.D TIME and finally lias sed on the day of
Oct obe r
19 67
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SalEDULE II A II TO BY-LAW NO. 1995
OF THE CO
RATION OF THE
TOWN OF KINCARDINE
II
II mIS AGREEMENT 1II8de in triplicate this ,7,{-
:)
I One thousand Nine Hundred and.J~f~
,
BET WEE N: ONTARIO WATER RESOURCES
(hereinafter called lithe
S&1AGE WORKS PROJECT NO.67 S-222
day ofð~
- and -
ISSION
188ion")
T PART
TIlE CORPORATIO OF mE TO
(hereinafter called' the
OF KINCARDINE
icipality")
'I WHEREAS the Municipality has request d the Commission
i to provide 8ewage disposal facilities for the icipality and
i its inhabitants;
,
AND WHEREAS the Commission has agree to do so;
AND WHEREAS the Council of the Munic pality has on the
day of October 20, 1967 passe By-law No. 1995
euthorizing the entering into this Agreement d the execution
of this Agreement by the Municipality.
Sect
THIS AGREmŒNT WITNESSE'l1I that in c
the premises and the covenants, conditions an
after set forth, the parties hereto respectiv
section 39 of The Ontario Water Resources
1960, chap. 281. .s follows:
sideration of
payments herein-
1y agree under
ission Act,. R.S.O.
1. the Commission shall construct, acq ire or provide at
its own expense. a sewage works pro ect in accordance
with the Schedule attached hereto ich sewage works
project will be identified as Proje t No. 67-8-222
All property acquired or provided b the Collll1iss ion
for the purposes of this Agreement hall be and reaain
the property of the Commission unti ownership thereof
is transferred by the Commission as hereinafter provided.
2.
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/3.
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B - Maintenance and OtIeration
the Commission shall provide for th 1II8nagement and
control. operation and 1IIBintenance f the said sewage
works project, but the Commission s all have the
right to shut off or reduce the a t of sewage
received 0- accepled from the Hunic pality in cases
of emergency or breakdown or when i may be necessary
in maintaining or extending the sys em, but the Coumis-
sion sha1:" endeavour wherever possi le to give to the
Municipality reasonable notice of tention to shut
off or reduce acceptance of-sewage.
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Unless otherwise so provided in this Agreement
the Commission expressly restricts it s responsibility
to sanitary sewage and reserves to it self the right
to refuse to accept anything else. ~~he Commission
may. however, consent in writLng to Æccept land
drainage and or industrial wastes.
The Municipality shall not permit an' party not
located within the limits of the Mun ci¡:ality
to connect to or dispose of sewage t!rough the
said sewage works project exce~t witt the
approval of the Commission.
10 waste contaminated by any chemica s or substances
which in the opinion of the Commissi n may constitute
a damage or hindrance to the process s, plant or
equipment of the sewage wOrks projec shall be
emitted or deposited into any sewer onnected
directly or indirectly to the Commis ion's said
sewage works project.
Section C - Charges for Disposal
7. The Municipality agrees in accordanc
of The Ontario Water Resources Commi
1960. chap. 281. to pay to the Commi
8UlDS:
the amount of interest and expenses of
debt service payable by th Commission
in each such year ca1culat d by
applying the average rate f the interest
and expenses of debt serv i e paid by
the Commission to the Trea urer of Ontario
in respect of the project;
the total cost to the Comm ssion in each
such year of the operation supervision,
maintenance, repair. admin stration and
insurance of the said sewa e works project;
and
the total amount in each s ch year placed
by the Commission to the c edit of a
reserve account for renewa s, replacements
and contingencies in respe t of the
said sewage works project; but not
exceeding 1 1/2% in any on year of
the cost of the said sewag works project.
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- 2 -
4.
5.
6.
(a)
In each calendar year during th
this Agreement.. commencing with
year in which occurs the date 0
of the said sewage works projec ,
(1)
(11)
(111)
with sectLon 40
sion Act R.S.O.
sion the following
currency of
the calendar
completion
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'I I (b) In each calendar year for thirt years
"II coumencing with the calendar yem; which occurs
Ii I the date of c~letion of the said sewage works
! project, such sum as would be nece sary with
II interest compounded mmually there Q af the rate
'I' per -mwm specified in paragraph 2 of subsection
1 of section 40 of the Ontario Wat Resources
i Commission Act. R.S.O. 1960. chap. 281. to form
: at the expiry of thirty yea a fund equal
to the cost of the said sewage wo project.
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(c)
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'!'be Coamission shall not call on Þb1icipality
to pay any share of the debt due Commission
by any other amicipality which s already been
apportioned and allocated to such other amici-
pality and the pa;yment of which in arrear.
Tbe Municipality shall pay the ission quar-
terly and not later than the 15th days of March,
June. Septeaber and Deceaber in e ch year the
sums clue by the Municipality, all in accordance
with section 42 of the Ontario Wa er Resources
t'~iAsi01\ Act R.S.O. 1960. chap. 281.
In each calendar year, the Coam1s ion shall
deliver to the Municipality a sta ement showing
how tbe charges, adjustments and llocations are
made up.
S.c~~ . Genera~
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(a)
(b)
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(a)
9.
This Agreement shall remain in fo ce for thirty
calendar years following the date of completion
of the said sewage works project nd shall continue
in force thereafter until all Qbl gations of the
Municipality to the Commission ha e been discharged
to the satisfaction of the Commis ion. as evid....c~d
by a certificate under the seal 0 the Coamission.
thereafter, the assets of the sion acquired
or provided solely for the said s e works pro-
ject shall. at the option of eith r party to this
Agreement. be traasferr«td to the icipalit:y.
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(b)
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Where. however. the project serve
or persons other than the Municip
this Agreement. neither shall th
minate nor shall the ownership of
be transferred unless and until
the satisfaction of the Coamissi
tlon.
municipal1tie.s
lity party to
Agreement ter-
the said assets
is shown to
tbat. in addi-
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(1)
all the obligations to the
other participants have be
ission of such
discharged;
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(11)
the Mun-.ipal1ty party to t is Agreement has
relieve4 -.nd will indeanify the Commission
from an, dtligationa which e Commission may
have arising in any way out of the partici-
pation in the project by su other partici-
pants; and
!be Munic:1,pality party to t
agreed with each of such ot participants as
to the terms and conditions under which the
Municipality party to this ement wiU, I:8ke
over the assets as afares
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10. (a) the Coumission may, but only after ior consultation
with the Municipality party to this greement, permit
any other municipality. person or pe sons to connect
directly or indirectly to its sewage works project on
such equitable terms and conditions the Commission
may think fit and it shall not be he d that the sewage
works project contemplated under th Agreement is
exclusively for the purposes qf the nicipality party
to this Agreement. And for su\:h pose the Coam:I.ss1on
shall have power to extend, alter or enlarge the sewage
works project as it deems necessary rovided that no
additional capital COlts therefor s 11 be charged
under this Agreement to the Municipa ity party to th:l.s
Agreement.
(b) In the event that the Coum1ssion sha 1 permit any
other mun:l.cipal1ty. person or person to connect 88
aforesaid. the Coumiss1on in readjus ing the propor-
tion payable by the Municipa1:l.ty par y to th1a Agree-
ment shall have regard. inter alia. 0 the amount of
capital costs of the sewage works pr ject already paid
off, to the age of the project and t the needs af the
party or parties so perm1tted to c ect, subject to
the ri¡ht of the Municipality to arb trate the same
under sect:l.on 40 (3) of the Ontario ater Resources
Ceaa1asion Act R.S.O. 1960, chap. 28 .
11.
ar10 Water
the investment
the .uerve
ance ~ith section
sion Act R.S.O.
12.
'l'he aplt'''';,riate share of ear:nings on the
Resources ßowœi:ss ion Reserve Account and.
thereof shall be allocated and credited t
account referred to in clause 7, in accor
43 (3) of TÞe Ontario Water Resources
1960. chap. 281.
Anything here1P contained to the contJ;'ary notw1tbatanding
each and every of the provisions of The tar10 Water
Resources Coum1ss1on Act R.S.O. 1960, ch . 281. any sub-
stitutions therefor GU' amendments thereto and regulations
thereunder shall be terms of the within eement. and
this Agr..~t shall be read and constru as if such
prov1ai.ons had been written herein, and i. the event of
any confl1ct, ambiguity or inconsistency b tween any pro-
vision of the said Act or regu1aUons. th Act or re~1a-
t10ns 8ball prevail.
IN Wl'l'NESS WHEREOF the Coumission and the MImi.
th1a Agreement to be executed by the affixing
aea18 attested by the signatures of the1r prop
authorized in that behalf.
ipality have caused
f their corporate
officers duly
~o-~~_~!CES OOHMlSSION
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SCHEDULE TO AGREEMENT BETVIEEN
ONTARIO WATER RESOURCES COMMISS
and the
CORPORATION OF THE TOWN OF KINCARDI
Consulting Engineers: B. M. Ross & ssoc. Ltd.
D ETA I L S: SEWAGE WORKS ROJECT 67-S-222
Sanitary sewers to be constructed as fo11 ws:
ON FROM TO
Huron Terrace Broadwa;y Street Approx. 185' N. of
John Street
John Street Huron Terrace Approx. 180' W. of
Queen Street
Maurer Crescent John Street Approx. 120' N. of
John Street
King Street Huron Terrace Approx. 185' W. of
Queen Street
King Street Queen Street Approx. 640' E. of
Princess Street
Nelson street Huron Terrace Approx. 160' W. of
Queen Street
. Mechanics Avenue Huron Terrace Approx. 130' W. of
Queen Street
including building sewers from the main sewer t the street line.
Estimated Costs
Contract Price (Continental Contracting Co. Ltd )
Engineering & Supervision
Miscellaneous including Interest
Estimated Net Long Term Debt
$69,594
9,600
985
}80,179
.
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SCP'.EDULE TO AGREEMENT BETWEEN
ONTARIO WATER RESOURCES
and the
CORPORATION OF THE TOWN OF KINCARDI
Consulting Engineers: B. M. Ross & ssoc. Ltd.
D ETA I L S: SEWAGE WORKS ROJECT 67-S-222
Sanitary sewers to be constructed as foIl we:
ON FROM TO
Huron Terrace Broadwa;y Street Approx. 185' N. of
John Street
John Street Huron Terrace Approx. 180' w. of
Queen Street
Maurer Crescent John Street Approx. 120' N. of
John Street
King Street Huron Terrace Approx. 185' w. of
Queen Street
King Street Queen Street Approx. 6401 E. of
Princess Street
Nelson Street Huron Terrace Approx. 160' W. of
Queen Street
. Mechanics Avenue Huron Terrace Approx. 130' W. of
Queen Street
including building sewers from the main sewer t the street line.
Estimated Costs
Contract Price (Continental Contracting Co. Ltd )
Engineering & Supervision
Miscellaneous including Interest
Estimated Net Long Term Debt
$69,594
9,600
985
j80,179
.
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