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Home My WebLink AboutKIN 62 1804 Agree Ont Water Res fìc1ß ( THE CCìtPORATlON OF 'I'HE TO'riN lJ~' KINC;':WlNE BY-LA'ii ,No. 1804 "iRi!:&;.i..~ tohe GOI.' i.,tc; 1 of' the Town of Kinca execute agreement.3 ;. ,J ':"ntario ';later Resourc provision of sewage c.L.. v·,,,,l facilities in accord described in Schedule. "G" to this By-Law. BElT THEREFOR~ ENACTED by the Council of th Corporation of the Town of Kinca~liue aa follows: ine desires to s Commission for the nce with the project 1. 2. THA'I' the Corpor!ition enter into and execute The Cntario Water Resources Commission for t sewage disposal facilities in accordance wit described in Schedule "G" to this By-law. The Mayor and Clerk are hereby authorized a À! ~o execute at this time the agreement a hereto as Schedul~ ., "j and greements with e provision of the project B) directed: To execute, subj"cG oÜy tQ the approva Ontario ;'lunicipal ;óC1!Ù from time to ti substantially the same as the Agreement as Schedule liB" for the otazes into 'lIhi described in Schedule "C" attached here for the purpose of callin; tenders. 3. BY-LA': No. 17ö3 is h .re"; rescinded. of the , agreements attached hereto the project o is broken IŒAù ' THIRD TI11E and Finally Passed on the 1962 1952 Day of R~,;\D I. r'IhST TI:·lS on t.he Fourth Day of REAJ .;'1 3 ~·,;CCNiJ TnL on the Fourth Day of h May 1962. C Mayor ".-: . i: . . SCHEDULE n A n TO BYLAW NO. 1804 TOWN OF KINCARDINE AGREEMENT FOR THE PRELIMINARY WOIIK on BET WEE N: - and .. / g-ð"f ION OF THE WORKS PROJECT WHEREAS the Ontario Municipal Board tentative approval to the Municipality'8 ente agreement with the CollDi88ion-tol' the provisi di8p08al facilitie8 by the Commission for the and has authorized the Munic1palitJ to expend in connèction with preli~nary work thereon; ;JSi AND WHEREAS this Agreement is to pI' de for the pe~forming of certain preliminary work and th parment of the c08tS thereof in the event that the venture 8 ould fail by the failure to obtain final approval of the Onta ' Municipal Board; and tor the execution of a proj,ct agr .ent it the said final approval shOU14 be obtained; WIT N E SSE T H: 1. The Commission shall, (a) retain Consulting Engineers for of working plans and .pecificat tenders; and (b) oarry out necessary incidental preparation tor the projeot whi surveying, acquisition of prope boring; al1 tor the project desoribed in Sc Bylaw No. 1804. 2. The Munioipality aba~l give suøh as be required in negotiation and'aoqu neees"rf laDd and ~asemen~~. 3. In the event the venture should rai the Municipality shail payor reim CollDiS.ion all costs inourred by th as .. cOQ.equenceotparagrap~ 1 up eluding the time .r final receipt 0 and üe .,plicaU~ for the approVa Onta,rio PIun1otp'-l Board. ,....... i ::.d I preparation and call 8tance ~8 ...,' siUon of an, a. afo...~ct; se the Co.sø1on.·. and in- tenders of tbe I' Ii II H Ii '~ ::.t " " :f ;i .' \ ," I I, . ~ "-.~.,""'.,,',' . d _ _ ~ . ¡<.: " '. " 4. /f01 *~ - :II _ A. ~d when the t1nal appro~al. or ~be Ontario HQn101pal Board are obtain d r~ time to t1ae for the stages into ¥ ob the projeot desoribed in Schedule C· to ijylaw No. 1804 lIay be broken f r tbe purpose of oall1ng tender', the NQ 1o~pal1ty .hall at such t1ll88 exeoute Agreea nh with the Comm1"1on lub.taqt1ally the. . a. the A¡r....nt attached hereto .1 S h,dul, "4" for suOh ataCe., __/""3 -,.... ;;:::,,,'^ , . - -~~'''''''''''-, DAT~--'iíi~:^' / () ~ ~- -, ^ '/ - ;¡ I~',pp -~ - . '~. : ~ ~ '-.,/ '. "Þ^}." ,~ # ~ . , ' qy of '-/! / CLI 19 6;2... ~,,- . ONTARIO WATER RESOURCES pi¿ 'lION THE CORPORATION OF THE TOW OF K I NCARD I NE , / . - ~ ....'..., Clerk "~4 ~ {~' . . ~ ~ ...... /<6D¡{ -1ft{- SCHEDULE itA" TO AGREEMENT FOR PREll M I NARY V.oRK SCHEDULE It B "TO BYLAW NO. 1804. OF T CORPORATION OF THE TO'Itf\ OF KJI\ICARD I NE SE\'I.A.GE \fORKS I'ROJECT NO. THIS ~GREEMENT made in triplioate this , One Thousand Nine Hundred and BETiŒEN ; - IIÓ day of ONT~IO W~TFÆ RESOURO~S C0M11ISSION hereina.:f'ter called the "Commission , OF THE F RST PART: -and- THE CORPORATION OF THE TOWN OF K I NCAR I NE hereinafter oalled the "Munioipali y"~ OF THE S COND PART, " v~S the Municipality has request as an agent of the Munioipality, to provide and disposal facilities for the Munioipality and its AND WHEREAS the Commission has agree AND 1;THEREAS the Council of the Munic f!'ol//lUI day of i1P;t 19t'¡.passed By-law authorizing the Munioipality to enter into and t Agree1Xlent; AND WHEREAS the Munioipality has app Mortgage and Housing Corporation under the Natio ^ct,1954, for a loan for the purpose of assisti , construction of the said sewage disposal facilit " d the Commission, perate sewage inhabitants; to do so; pality has on the o. ¡¡'()¥; execute this ied to Central al Housing in the es; THIS ~GREEMENT WITNESSETH that in co sideration of the covenants, conditions and payments hereinafter s t forth and pursuant to Section 39 of the Ontario Water Reso rces Commission ActR.S.O. 1960, chap. 281, the parties hereto l' spectively agree as follows; S~ction A - Construoti9n As an agent of the ~icipality the Commiss! n shall construct, acquire or provide at its own expense, a sew ge works projeot in accordance with the Schedule attached her to. The Commission shalloause construction of the s id sewage works project to be oommenced by J"t r ISI 19~5 unless such construction is de1~yed for reasons beyond t e control of the Commission, and thereafter, to be proceeded ith in a sub- stantial and workmanlike manner, in accordan e with the plans and specifioations submitted to Centr l'Iortgage and Housi~ Corporation by the Municipality with the Munici- pall ty sloan appUcation dated / g h71,: 1963, and as may be altered and as approved by the Commission. 2. All property acquired or provided by the Co ission for the purposes of this ~greement shall be and rema n the property I,. ! ,~- -' ';~t:'i:->+~:' -';~*i§;;'- '#~~' . ' ' , . '~. 'f . . . L-- ~,' -~"",-~'. . ';,,~.' Ito1 1ft" - 2 - of the Oommission unti~ ownership thereof 1. transferred by ~~eComm1ss1on as hereinafter provided. The 001Qllliss1on s~ll use its best efforts to ensure that, in theconst¡ouo'UooD,of the said sewage works project, (a) No person shall be re sed employment 0 otherwise discriminated against in regard to empl yment because of such person's race, colour, religion or national, origin; , (b) Oanadian la1¡oJ,¡,r, part and materials ar used to the 1)¡l1 extenttcfwhich he same are procable; (c) All employed persons r,e paid fair wage as defined by the Fair \1ages ~' Hours of Labour A t R.S.C. 1952 chap. 108 and the wor ing hours of all mployedperèons shall not exceed 8 ho rs per day or 44 oure per week except as otherwise P ovided in the sai Act. ~. (1) The Commiss:l,on shall, u on the request of the Munidpality, permit persons authoriz d by the Municip ity, ,. (a) to enter upon and ins ect the said sew works project during the 00 struction thereof; (b) to examine from time 0 time books, rec accounts in respect ° the aonstruatio sewage works project, maintained by or control of the Commis ion. (2) The coømission"shall fu ish to the Munic'pality, to the extent available to the Commission, such nformation as may be required from t Municipality by entral Mortgage and HousiJ1ßCorporation pursuant to the d loan applioa- tion and &ft7 agreements thereunder. rds and of the saià. del' the s an 0 t 5~ As an &gent of the Municiplity the Commissi n shall manage, operate, repair an maintain the sai sewage works project and shall ha e the right to stoff or reduce the volume of sewag received or aac ted from tbe Municipality in cases f emergency or b akdown or when it may be necessary i maintaining, re iring or ex~ending the said sewage orks project, bu the Commission shall, when pracUcaòle, e à.eavour to give the Municipality reasonable no ice of intention 0 sbut off or reå.uce the volume of 'øewâg . 6. The Munioipality shall sup ly only sanitary said sewage works projeot ess the Commis oonsents in writing. The Munioipality shall not permit any perso within the limits of the cipality to co dispose of sewasethrough he said sewage w except with the prier writ en approval of t 1'heMunicipality shan not permit any waste op1¢on of the Commission, may à.amage or in the operation otthe sa.id ewage works proj deposited or disonargeà. in 0 any sewer conn or }ndirectly to the said ewage works proj ewage to the on otherwise 7- not located ect to or ks project, e Commission. hich, in the rfere with t, to be ted directly t. 8. _ C ction 40 of .S.O. 1960, w1n& sums: 9. The Municipa11tyagrees in accordance with the Ontario Water Resouro Commission Aot chap.2SI, to pay to the mmias10n the fol ;:é';:~#~i~O;~ " . '.- " ,,~ -~. -_::".~ ~ ^ . . The Muni~"pality I:ha).l pay to the Co ~ts reoeived by the Munioipality Mortgag~ ,8.l.I4" Hou.sing Corporation ona c()stottbe~d sewage works projeot the sa~d~µnte hythe Munioipality shal¡ ded~t the said amounts tro~ th sewaseworksprojeot. The CoDlllliuion shall not call pay anjo..sbare of the debt due the Co othermuni~pallty which has already and alloc&tedto~uoh other municipal mentotwb1òh is in arrear. 10. (a) The Mun:.l.øipality aMIl pay the Commis ion quarterly and not l$ter than the 15th days of oh, June, Septemb~~9cDeoember in each yelU:t e.sUD16 due by the Mun1~1pal1ty,~l inaoaordanoe w th Section 42 of the Ont~'ØWat8r Resources Commhsio Act R.S.O.l960, chap. Z81.' ~~.~ (a) (b) (0) (d) Yfð¥ #~- - , - In each oalend.ar year dw;'4ng the curre AgrCl8J!!ent t commenoing wi ththe calend. QCotU'$the date of completion of the s pt"oject, (1r~;Rròport10n payable by the M icipali ty. as adjuè'hd,by the Commission.of t e total amount."" of. interest and expenses of deb service payable b:v1¡l1e Commission in each suoh ear in respeot olUlborrowings of the Commis ion lroJ!! time to time outstanding and heretofore or hereafter madebfthe Commission for the urpose of meeting the:Cj)6't orestiJnated cost of a 1 water works proj~tð and sewage works proje ts at any tiJ!!e here'tOfore or 4ereatter aoquire , prq,rtded 01" constructed "œ',"1n course of aoq ieit1oa, p:t'Ovi- siono1',Qoftet.ruotionby the Co i¡ls10npursuant to ~agreement or agreement8, or for ~ other purp08ce.of the COllUllission respe tins such proJ~cte:i.nc1uding the refundi or repayment in whole or :j.n part of any such bo row1ngs~ Of of this 181:\1' .in which i!isewa,geworks (11) ~b. total cost to the Commi8sio year of the operation, supervis repair, admini8tration and ins sewage work8 projeot; and (iii) Tbe total amount in each suoh y ar placed by the Commiea1on to the cre4it of a r serve account for renewals, replacements and ontingencies in respeot of the 8aid sewage work projeet8; but notexoeeding l~ in any one ye r of the cost of tbe said sewage works projec . ' in each such on, maintenance t ance of thesa1d In ee.øhoalendar fear for...--THIRTY---_..y are comtllenoing with. thltCalendar year in which <>ecurs the date of oompletion.o! said sewageworke·projec , suoh sum as would bene,cessary with interest compo ded annually , thereon at.~ rate per annum speoifi in paragraph ~ cot 'subsection. 1 of Section 40 of the tar,io 1;/ater Rescmroes Co_seion Aot. R. S. O. 196 ,ohap. 281, tt' ;form at the expiry of-----TH'RTv--____ye s a fund equal to the cost of 8.a1d sewage works pro j t. 'j , seion all om Central ount of the pon reoeipt of d the Commission cost of the said 1 "~ J oipality to ss10n by any en apportioned tyand the pay- "', (b) In each9f.Q..etídal' year, the Commission shall deliver to the Muni!>ip~tya .natelhnt showing ow the char~es, adjust1lt8lït"iFd allooations are made p. ip.x.,~1'"~'~ 11. (å}''':fh18 "'~ent sball 1'-"'1n in foroe or---TH1~n---- , ~ 1 ~.,~ <~~ ~ . . .. ~ c$l~ndar years following the date of c mpletion of the said sewage works project and shall co tinue in force thereafter until all obligations of th Municipality to the Commission have been dischar.ged to thsiss,tisfaction of the Commission, as evid~lced by a c rt1t~oate under the seal of the Commission. The property of the Commission acquire or provided solely for the said sewage works proje t save and except the balance remaining to the cr dit of the reserve account referred to in Paragra h 9 (a) (iii) hereof shall be transferred to the Mun oip$lity forth- with after the acquisition thereof by he Commission and the said. balance, together with a1 earnings allocated.lUl.d.credited to the reserve ccount under ParagraphlZhereof shall be transterr d,to the Munioipality on the terminationot thi Agreement. Notwithstanding Parågraph 11 (b) above the Commission shall, 'as an~gènt ot the ÞIunicipali ty continue to manage, operate, repair and maintain t e said sewage works projsot .until the termination of this Agreement. 12. The approPriate share of earnings on the On ario Water Resources Commission Heserve Account and on the investmEln"t: thereof shall be allocated and credited to he reserve aocount referred to in Paragraph 9, in aocordance w th Section 4) (J) of the Ontario Water Resources Commission A t, R.S.O. 1960, ohap. 281. c_~"'~ - 4 - (b) ! (0) It[ 0'1 -IJ. 7 Anything hereinoontained to the contrary n eaoh and every of the provisions of the Ont ResouroesC,01llll1ission Act, R.S.O. 1960, chap stitutions therefor or amendments thereto, thereunder shall be terms of this Agreement Agreement shall be read and construed as if had been written herein, and in the event 0 ambiguity or 'inconsistency between any prov Agre~ent and any provision of the said Act the Act or regulations shall prevail. 14. In the event of any dispute or difference a ising between the parties hereto-as to the interpretation of this Agreement or the payment, adjustment or apprtionment of any sums payable by the ÞIunicipality hereun er, such dispute or difference shall be referred to arbitrat on in accordanoe with Section 40 of the Ontario Water Resour ss Commission Act, R.S.O. 1960, chap. 281, and the partie thereto agree to be bound thereby. l]. twithstandillg, rio 1;[ater 281, any sub- and regulations and this such provisions any conflict, sion of this or regulat+ons, IN WITNESS WHEREOF the Commission and he Munioipality have ca.used this AgI>eem$llt to be executed by the affixing of their oorporate seals attested by the s¡gnatures of th ir proper officers duly authorized in that behalf. ONTARIO \iATER HESO CBS COMfoiISSION ~ .... .'., . Chairman . . . .. . . . .. . . .. . . .. . .. . .. . . . .. . . . .. .. . General ÞIanager THE CORPORATION OF THE TO':J!'J OF VI NCARD ¡¡¡E .. .. . ~. f:.~AYOR Clerk ,.~ -" . . . , . "."/ +::.J. "~".,;. " ..' - ' '" . - /fD4 þ SCl-£OULE "C"TO BY.LAW t«).1~04 OF THE CORPORATION OF T SCI£OULE TO THE AGREEMENT TO:/N OF KINCARDINE ONTARIO \lATER RESOURCES COI.!MISSION T~'IN OF KINCARDINE DESCRIPT10N OF PRO ECT CONeULTINQ ENQINEERS! I~. M.DILLON & Co.. LTD. OETA LS K S SEW TI£ CONSTRUCTI(1N OFA SANITARY SEWERAGE S'fSTEM CONSISTING OF SANITARY SEWERS AS FOLLOWS: 2t! FROI,~ IQ HuRON TERRACE HuRON TERRACE QUEEN STREET QUEEN STREET i'R I NeESS STREET VICTORIA STREET STREET "A' BROADWAV STREET , i DURHAM STREET DURHAM STREET STREET "A" RSOIJR STREET OADWAY ST. LLINGTON STREET , N. O~ JOHN ST. , S. O~ RUSSELL ST. , S. O~ RUSSELL ST, , S. O~ DURHAM ST. ( EEN STREET ECONOARV PUMPING STATION 115' E. OF VICTORIA ST. ECOHDARY PUMPING STATION 115·£. O~ VICTORIA ST. leTORIA STREET AIN PUMPING STATION AT ~EST END OF HARBOUR ST. RINeESS STREET RINCESS STRI':ET URON TERRACE 'URON TERRACE URON TERRACE , E. OP VICTORIA ST. ALBER. STREEt HARBOUR STREET KINCARDINE AVE. DURHAM STREET 150' S. BROADWAY ST, DURHAM ST. DURHAM ST. HURON TERRACE HURON TERRACE LAMBTOM STREET HARSOUR STREET HURON TERRACE HURON TERRA:lE DURHAM MARKET N. DURHAM MAftKE'f S. WELLINGTON STREET GOROON STREET ALBERT STIIEET RUSSELL STIIEI:\T QUttEN STREET QUEEN STREET "UEEN STREET QUEEN STREET QUEEN STREET PR ! NeE.. STREET NORTH-EAST AR~ IV ILL I AM STREET JAMES STREET STREET itA CHARLES STREET BROADWAY STftEET SOUT'" STREET SoUTH STREET SOUTH STREET SoUTH STREET SoUTH STREET ,It 1.1. I AM STREET' II It..L I AM STREET ROADWAY STREET ROADWAY STREET URHAM STftEET ROADWAY S'!'REET CHARLES STIIEET CHARI.ES STREE;T INCLUDING PRIVATE, HOUSE CONNECTIONS. T'YO pt)¡1PING STAT I NS. FORCE MAINS AID " TI£ CONSTRUCTION OF A SEWAGE LAGOON. TOTAL ESTIMATED COST ItlCLUDING ENGINEERING 8- CONTINGE IES $ 461~490.00 .~ ~