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HomeMy WebLinkAboutKIN 64 1867 Agree Ont Water Res " .... þ;' A' CORPORATIOIi. PFTHE TOWIf OF KINCARDIBE BI~1iA...O..... U61 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. .~ 'álLextension to the aforementioned Project Ho. 62~~1l0.. . BE IT THEREFOB ENACTED by the Council of the -. "":. . , .... ~".. - -~:' ..... . . 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 . . 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. ~Æ.. Clerk C.R. Mer . I . . . . . . . . .~ ~.~ ,,'~ :,-_. ~ , . -- ,.....- ,-...-' :'_\_.'~' ~ v-- :.:::' -- /":. 'r'::::' _. ;::....... - :;;:: ~: -::-- ::--:: - "'" "'.; .,. -....¡ ..::...,»,~' .~ - - "':- -~_':-/-: - - -',/ .' "'/.'- :.. ._V../;-. - , e w ~ ~ ~ - , ~-..> , . . 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. 53. ..,.-. j '" ~ ':. # , II - 2 - 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. -- 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. 53. ~~' . - 3 - (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. .. . ~ -"'" . , , ,! Ji I - 4 - 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. I I II I , I I I I 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.__ '. !' :2~~",-;-7=~~," ~~."¿ -~'"~ ; .:: -=: ~ .:~:--..~ ~ "--" .~~.. .~~O WATER RESQUR.OEŠ lSS10N ~---::~-" -.,-- ;:;-.:_-- ~ , . ........... ~ : .:::::.-~ .~-. ~ -- Ch4b!man . ,,,- ~ . , -- ..... ~ , . - -.-- , ......... .. , -- .....""" ~ ..;;..' ...... - /_'-"'.ý~,,~.~ './ ". ,,- '"-....-..>-- -- THE CORPORATION OF THE " "- - ~..-..;..-~~.-...__...,">>-~ j . ~ 'y...........,'- '.~..?:.~:>_.- ......... ... ........... ........ Mayor ....~1f.. Clerk S3. , -' - ,. . , 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 - 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