HomeMy WebLinkAbout05 153 Agree Bale Wrap Recyclin
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THE CORPORATION OF THE MUNICIPALITY OF KINCA INE
NO. 2005 -153
BEING A BY·LAW TO ENTER INTO AN AGREEMENT WITH THIN PlASTICS INC.
FOR THE COLLECTION OF BAlE WRAP IN THE MUNICIPAliTY F KINCARDINE
WHEREAS the Municipal Act, 2001, S.O. 2001, c. 25 Section 11 (2) P ovides that lower-
tier municipalities may pass by-laws within the sphere of juri diction of waste
management;
AND WHEREAS pursuant to the said Municipal Act, Sections 8 nd 9 (1) provide
municipalities with the powers of a natural person to enable them to overn their affairs
as they consider appropriate under this or any other Act;
AND WHEREAS the Municipality of Kincardine deems it necessa to enter into an
agreement with Think Plastics Inc. for the collection of "white" polyeth lene bale wrap;
NOW THEREFORE the Council for The Corporation of the Municip lity of Kincardine
ENACTS as follows:
1. That the Municipality of Kincardine enter into a 10 year agr ement with Think
Plastics Inc. for the collection of polyethytene bale wrap subje to the conditions
as set out in the agreement attached to this By-law as Schedu "A".
2. That the Mayor and CAO be hereby authorized to sign, on b half of the Council
for The Corporation of the Municipality of Kincardine, the agr ement attached to
this By-law as Schedule "A".
3. That this by-law shall come into full force and effect upon its fi al passage.
4.
This by-law may be cited as the "Bale Wrap Recyclin (Think Plastics)
Agreement By-law."
READ a FIRST, SECOND, and THIRD time and FINAlLY PASS D this 21st day of
September, 2005.
Jl~^...£. ~
Mayor
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THIS AGREEMENT made the él J!5-t- day of t?7 em ð' , 200~between THINK
PLASTICS INC. (hereinafterZto as '1lñnkj and
J{u rf/~ I f'/l1. I T r 0(; "~I'):n"¡~ (Hereinafterreiì to as the "Municipality")
Whereas Think is in the business of manufacturing plastic lumber from
wrap, and other plastic products;
And Whereu the Municipality seeks to reduce the amount of used bale
dumped at its landfill site(s) and/or creating an environmental hazard by
products;
cled bale wrap, greenhouse
and greenhouse wrap
ers burning used plastic
NOW THEREFORE the parties to this Agreement hereby agree that, in nsideration of the mutual
covenants contained herein and other good and valuable consideration:
The Municipality shall waive tipping fees to encourage farmers
plastic material. Think bas the right to reject any waste material
guidelines.
3. The Municipality shall contact Think when it bas collected a .. um often thousand (10,000)
pounds of such Waste Material and request that Think arrange for 'tto be picked up at Think's
expense.
l.
The Municipality shall set aside a collection area at its landfill si
Schedule "A" attached hereto, encourage and actively solicit
polyethylene bale wrap and/or "white" polyethylene greenhouse
Material" at the collection area( s).
2.
4. Think agrees to pick up the Waste Material at the Municipality's
5.
The Municipality agrees that, in consideration of Think picking
shall be the exclusive recipient of the Waste Material and there
charged, levied or assessed against Think. For greater clarity, the
or otherwise dispose of the Waste Material to any other person or
renewal term of this Agreement.
s) at the location(s) set out on
and other users of"wbite"
to dump such "Waste
other users to dispose of this
does not conform to its
the Waste Material, Think
be no charge of any nature
unicipality shall not give, sell
'ty during the term or
6. Think agrees that, in consideration of the Municipality providing e Waste Material without
charge to Think, there shall be no charge by Think for picking up e Waste Material.
7. The initial term of this Agreement shall be for a period often (10) years from the date above
written and it shall be automatically renewed for successive ten (I ) year terms unless either
party shall have given at least six (6) months written notice of . on prior to the end of the
term or renewal term that it wishes to termin"'~ this Agreement.
8. This Agreement shall inure to the benefit of the parties hereto and their successors and assigns.
9. This Agreement shall be interpreted in accordance with the laws the Province of Ontario.
10. Should any provision of this Agreement be found to be void or orceable, it shall be severed
and the balance of the Agreement enforceable, mutatis mutandis.
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The Parties hereto signify their agreement with the terms hereof by the s gnatures of the duly
authorized representatives.
THINK PLASTICS INC.
(Munieipality)
Per:
IIWe have authority to bind the,.unieipality
/
(Signature)
~~
(Sigaature)
'Ibis Is Schedule L· to By-Law
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No~ -/s3 the ~ day
of~~(Jí13M&¿ OO~~. _~
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(print NlUIle
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(print NlUIle
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SCHEDULE "A"
MUNICIPALITY
.
COLLECfION SITE(S) - OFFICIAL NAME(S) 8& ADDRESS(ES):
CONTACf NAME AT COLLECfION SITE(S):
PHONE NUMBER AT COLLECfION SITE(S):
HOURS OF OPERATION AT COLLECfION SITE(S):
TYPE OF COLLECfION SYSTEM (i.e. bunker style with back wan; biD)
MAILING ADDRESS OF MUNICIPALITY:
CONTACf PERSON AT MUNICIPAL OFFICE:
PHONE: FAX:
EMAIL:
-3-
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