HomeMy WebLinkAboutKIN 64 1867 Agree Ont Water Res
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CORPORATIOIi. PFTHE TOWIf OF KINCARDIBE
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WlíEWa the Corporation of' the Town of Kin ardine
lias an agreement With the Ontario Water Resour
Commiaa1on dated Jun. 28. 196'~ with resEect t the
CØ11st1"l.l.c1;i-<m and operation of sewage works Pro
110. 62-WlO.
AIID WHEREAS it is now cone1dered exped~nt by the
Corporation of the 'l'own of Kincardine fo%: the
tario
Yater Resources COlllllissi~ to ~onstruct and OP rate.
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'álLextension to the aforementioned Project Ho. 62~~1l0.. .
BE IT THEREFOB ENACTED by the Council of the
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Corporation of the Town of Kincardine as follo
'l'he Mayor and Clerk are hereby and
directed tGl execute an agreement with
the Ontario ..Wate.r Resources Commission
in the form.attached hereto as Schedule "Ai
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ttJ!:AÐ A FIRST TIME on the 218'
UAD A SÈCOND TIME on the 21st
day ot Octo er
day of' Oct ber
1964
1964
iIAD A THIRD TIME and finally passed on the 2 st day
of Oetober A.D. 1964.
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Clerk C.R. Mer
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SCHEDULE" A'II TO BY-LAW NO. 1867
TœH OF KD1CA1l0nm
SEWAGE WORKS PROJECT NO.
xt.
THIS AGREEMENT made in triplicate this
day of November
One ThOU8'ând Nine Hundred and Sixty Four
BET WEE N:
ONTARIO WATER RESOURCES
(hereinafter called lithe
-and-
THE CORPORATION OF THE
(hereinafter called "the
WHEREAS the Municipality has request d the Commission
to provide sewage disposal facilities for the nicipality and
its inhabitants;
AND WHEREAS the Commission has agree
AND WHEREAS the Council of the Munic pality has on the
21st day of October 1964 passed By-law No. 1867'
authorizing the entering into this Agreement a d the execution
of this Agreement by the Municipality.
THIS AGREEMENT WITNESSETH that in c sideration of
the premises and the covenants, conditions and payments herein-
after set forth, the parties hereto respective y agree under
section 39 of The Ontario Water Resources Co ssion Act R.S.O,
1960, chap. 281, as follows:
Sect on A - Construction Structures and Asset
1. The Commission shall construct, acqu re or provide at
its own expense, a sewage works proj ct in accordance
with the Schedule attached hereto wh ch sewage works
project will be identified as Projec No. 62-S-110 Ext.
2.
All property acquired or provided by
for the purposes of this Agreement Ð
the property of the Commission until
is transferred by the Commission as
the Commission
all be and reaain
ownership thereof
ereinafter provided.
Secti.on B - Maintenance and Operation
3. The Commission shall provide for the management and
control, operation and maintenance 0 the said sewage
works project, but the Commission sh 11 have the
right to shut off or reduce the a t of sewage
received or accepted from the Munici ality in cases
of emergency or breakdown or when it may be necessary
in maintaining or extending the syst m, but the Commis-
sion shall endeavour wherever possib e to give to the
Municipality reasonable notice of in ention to shut
off or reduce acceptance of sewage.
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4.
Unless otherwise so provided in this reement the
Commission .~ressly restricts its re ponsibility to
sanitary sewage end reserves to Use .. the . right . to
refuse to accept anything else. The mmiosion may,
however, consent in writing to accept land drainage
and/or industrial wastes.
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5. The l'hmicipality shall not permit any party not
located within the limits of the Muni ipality to
connect to or dispose of sewage tbr h the said sew-
age works project except with the app oval of the
Coamission.
6. No waste contaminated by any chemical or substances
which in the opinion of the Commiosio may constitate
a damage or hindrance to the processe , plant or
equipment of the sewage works pro.ject shall be emitted
or deposited into any sewer connected directly or
indirectly to the Commission IS said s age works project.
Section C - CharRes for D~SDg~at
7. The l'hmicipality agrees in accordance with section 40
of The Ontario Water Resources Commis ion Act R.S.O.
1960, chap. 281. to pay to the Commis ion the following
sums:
(a> In each calendar year during the currency of this
Agreement. co.....encing with the c lendar year in
which occurs the date of complet on of the said
sewage wor~s project,
(1) the proportion payable by t e l'hmicipality,
as adjusted by the Commissi of the total
amount of interest and expe es of debt
service payable by the Comm sion in each
such year in respect of all borrowings of
the Commission from time to time outstand-
ing and heretofore or herea ter made by the
Coumiss1on for the purpose f meeting the
cost or estimated cost of a 1 water works
projects and sewage works p ojects at any
time heretofore or hereafte acquired. pro-
vided or constructed or in ourse of acqui-
sition, provision or const ction by the
Coumiss ion pursuant to any greement or agre..
ments, or for any other pur ose of the Co1llllis-
sion respecting such projec s "including the
reñmding or repayment in ole or in part of
any such borrowings;
(11) the total cost to the Comm sian in each
such year of the operation, supervision,
maintenance, repair. adt:1in tration and
insurance of the said sewag works project;
and .
(111) the total amount in each su h year placed by
the Commission to the credi of a reserve
account for renewals. repla etDents and con-
tingencies in respect of th said sewage
works project; but not exce ding 1 1/2% in
any ODe year of the cost of the said sewage
works project.
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(b) In each calendar year for th y years
coœmencing with the calendar yea in which occurs
the date of completion of the sa d sewage works
project. such sum ao would be ne essary with
interest compounded annually the eon at the rate
per annum specified in paragraph 2 of subsection
1 of section 40 of The Ontario W ter Resources
Conmission Act R.S.O. 1960. cha . 281. to form
at the expiry of thirty ye s a fund eqœl
to the cost of the said sewage ka project.
(c) The Commission shall not call on the Municipality
to pay any share of the debt due the Coumission
by any other municipality which as already been
apportioned and allocated to suc other munici-
pality and the payment of which in arrear.
8. (a) The Municipality shall pay the ission quar-
terly and not later than the 1St days of V.arch.
June, September and December in ach year the
sums due by the Municipality, al in accordance
with section 42 of The Ontario W ter Reoources
CnnniAsion Act R.S.O. 1960, chap 281.
(b) In each calendar year. the Comm sion shall
deliver to the Municipality a st tement showing
how the charges, adjustments and allocations are
made up.
SecUon D - Genera]"
9. (a) This Agreement shall remain in f ce for thirty
calendar years following the dat of completion
of the said sewage works project and shall continue
in force thereafter until all ob igations of the
Municipality to the Com:nission ve been discharged
to the satisfaction of the sion, aa evideuced
by a certificate under the seal f the Commission.
Thereafter. the assets of the oion acquired
or provided solely for the said. ewage works pro-
ject shall. at the option of eit er party to this
Agreement, be transferred to the Municipality.
(b) Where. however, the project serv s DaUlicipalities
or persons other than the Munici ality parcy co
this Agreement, neither shall th s Agreement ter-
minate nor shall the ownership 0 the said assets
be transferred unless and until t is shown to
the satisfaction of the Commiosi ~t. in addi-
tion,
(1) all tbe obligations to the
other participants have be
ission of such
discharged.
(11) the Municipality party to t
relieved and will indemnify the Commission
from any obligatior.s which he Commission may
have arising in any way out of the partici-
pation in the project by au h other partici-
pants. and
(111) tbe Municipality party to t is Agreement has
agreed with each of such ot er participants as
to the terms and conditions under '\o7hich the
Municipality party to this greement will take
over the assets aa aforesai .. S3.
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10. (a) The Comnission may, but only after pr ør consultation
with the Municipality party to this reement. permit
any other municipality, person or per one to connect
directly or indirectly to its sewage or1",s project on
such equitable terms and conditions a the Commission
may think fit and it shall not be hel that the sewage
--'works project contemplated under this Ag1'eement is
exclusively for the purposes of the nicipality party
to this .Agreement. And 'for such purp se the Cotmniss ion
shall have power to extend, alter or nlarge the sewage
works project as it deems necessary p ovided that no
additional capital cCìll5ts therefor sha 1 be charged
under this Agreement to the Municipal ty party to this
Agreement.
(b) In the event that the Commission shal permit any'
other municipality. person or perRons to connect as
aforesaid, the Coumission in readjust g the propor-
tion payable by the Municipality part to this Agree-
ment shall have regard. inter alia, t the amount of
capital costs of the sewage works pro ect already paid
off, to the age of the project and to the needs of the
party or parties so permitted to conn ct, subject to II
the right of the Municipality to arbi rate the same I
under section 40 (3) of The Ontario W ter Resources
Commission Act R.S.O. 1960. chap. 281.
11. The 8p¡"D·.,riate.share of earnings on the
ResourC~13 Cnmmission Reserve Account and the investment
thereof shall be allocated and credited to the a18erve
account referred to in clause 7. in accord e with section
43 (3) of The Ontario Water Resources Comm sion Act R.S.O.
1960. chap. 281.
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12. Anything herein contained to the contrary
each and every of the provisions of The On
Resources Commission Act R.S.O. 1960. chap.
stitutions therefor (I» amendments thereto.
thereunder shall be terms of the within Ag
this Agreement shall be read and construeû
provisions had been written herein. and in
any conflict, ambiguity or inconsistency be
vision of the said Act or regulations. the
tions shall prevail.
IN WITNESS WHEREOF the CoIœtission and the Munic ality have caused
this Agreement t~~R.It,~ecuted by the affixing 0 their corporate
seals atteste~~~.the s~turea of their prope officers duly
authorized .1ìk(lÌat:A'eÞá1f.__ '.
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THE CORPORATION OF THE
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Mayor
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Clerk
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SCHEDUII: TO THE AGIIEE!ENt BE'IWEEN
ONTARIO WATEa RESOURCES COHMISS ON
and the
Cc:1UOaATION OF THE TOm œ KINCARD
Consulting Engf.oeer8: M. M. Dilloa
DE TAl L S:
WORKS PROJF£T 62-5- 10 Ext
Sanitary 8ewen to be constructed as f
ON
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FROM
Harbour Street
Huron Terrace
ß.coadway Street
Queen Street
IQ
I West of Buroa
ace
e88 Street
including building sewera from the 111&11'1 ae r to the property
line.
TotAL ESTIMATAD COST INCUJDING ENGINEERING
C_INGENCIES
$4.454