HomeMy WebLinkAbout02 174 agree sewer huron kin
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THE CORPORATION OF THE MUNICIPALITY OF KINCARDINE
AMENDED/RiP(;41 f'n BY
BYlAWNO ~~O~- /S'8-
DATFn~f1 ~/.S"
BY-LAW
NO. 2002 -174
A BY-LAW TO AUTHORIZE THE SIGNING OF
AN AGREEMENT WITH HURON KINLOSS
FOR SEWAGE CONNECTION
WHEREAS the Council for The Municipality of Kincardine deems it advisable to
enter into an Agreement with The Corporation of the Township of Huron-Kinloss
for the sale of sewage capacity for development of lands described in the
attached Schedule "A".
AND WHEREAS this Agreement provides for sewage connection to the existing
Kincardine sewer system in order to develop the lands according to the terms
and conditions as set out in the agreement attached to this by-law.
AND WHEREAS the Municipality of Kincardine has advised Huron-Kinloss that
before it can consent to the proposed sewage connection, an Engineering Study
must be conducted in order to determine if in fact there is capacity for the
connection of the development of lands.
NOW THEREFORE the Council for The Corporation of the Municipality of
Kincardine ENACTS as follows:
1. That the Corporation of the Municipality of Kincardine enter into an agreement
with The Corporation of the Township of Huron-Kinloss.
2. That the Mayor and CAO be authorized to sign, on behalf of The Corporation
of the Municipality of Kincardine, the Agreement with The Corporation of the
Township of Huron-Kinloss attached to this by-law and to affix the corporate
seal as and when required.
3. This By-law shall come into full force and effect subject to the terms and
conditions of the Agreement being met.
4. This By-law may be cited as the "Huron-Kinloss Sewage Connection
Agreement, By-law".
READ a FIRST, SECOND and THIRD TIME and DEEMED TO BE PASSED this
18th day of December 2002.
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~~··Clerk
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THIS AGREEMENT made this 1r¡~J.. day of Ùeu",,¿ er , A.D. 2002
BET WEE N:
THE CORPORATION OF THE MUNICIPAUTY OF KINCARDINE,
Hereinafter called "Kincardine"
OF THE FIRST PART
-and -
THE CORPORATION OF THE TOWNSHIP OF HURON-KlNLOSS,
Hereinafter called "Huron-Kinloss"
OF THE SECOND PART
WHEREAS Huron-Kinloss wishes to purchase sewage capacity from Kincardine for
development of lands described in Schedule "A" attached to this Agreement ("the lands");
AND WHEREAS Huron-Kinloss requires a sewage connection to the existing Kincardine
sewer system in order to develop the lands, as aforesaid;
AND WHEREAS Kincardine has advised Huron-Kinloss that, before it can consent to the
proposed sewage connection, an Engineerirg Study must be conducted in order to determine if in fact there
is capacity for the connection of the aforesaid development.
NOW THEREFORE THIS AGREEMENT WITNESSETH that in consideration of the sum of
Two ($2.00) Dollars of lawful money of Canada now paid by Huron-Kinloss to Kincardine, the receipt whereof
is hereby acknowledged, and in consideration of the sum of Two ($2.00) Dollars of lawful money of Canada
now paid by Kincardine to Huron-Kinloss, the receipt whereof is hereby acknowledged, and in consideration
of the following further mutual covenants, the parties agree as follows:
1.
Huron-Kinloss agrees to provide to Kincardine a Four Thousand ($4,000.00) Dollar deposit
to meet the costs of the aforesaid Engineering Study which shall ascertain whether or not
there is sufficient sewage capacity for the connection of the development to the sewage
system of Kincardine. In the event the cost of the Engineering Study exceeds the aforesaid
Four Thousand ($4,000.00) Dollars, Kincardine will require Huron-Kinloss to deliver a
cheque for the balance of the cost to Kincardine. Further, Kincardine agrees that any
deposit amount remaining after invoices for the completion of the Engineering Study are
paid shall be refunded to Huron-Kinloss.
2.
(a)
The parties agree that the aforesaid Study may consist of capacity analysis
and required infrastructure up-grades, including a metering system, to
service the proposed Plan of Condominium.
(b) The aforesaid Study shall be completed and delivered to the respective
Councils of Kincardine and Huron-Kinloss by January 20" , 2003.
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Kincardine/Huron-Kinloss Sewer Study Agreement
Page 2
3. Kincardine agrees to allow connection to Huron-Kinloss for the development on the lands
described on the attached Schedule "A" if the Engineering Study confirms that sufficient
capacity is available without jeopardizing the current or Mure sewage needs of Kincardine.
4.
(a)
The parties agree that Kincardine's charges to the Condominium
Corporation for providing the aforesaid sewage service shall be based at
the rate of 1.5 times the sewer rate as established by Kincardine's
Consolidated Fee By-law, as amended from time to time.
(b) The parties hereby acknowledge that a Sewer Servicing Agreement will
have to be executed by the parties prior to the Clerk of Huron-Kinloss
forwarding her clearance letter to the County permitting registration of the
Plan of Condominium.
(c) The parties further agree that the sewage capacity costs will be assessed,
by Kincardine, on a per unit basis by utilizing similar engineering formulas
for development charges (i.e., cost for works divided by the percentage of
use), plus an additional surcharge of Fifteen Percent (15%) ofthe capacity
cost.
5. Huron-Kinloss shall have the option of paying the capital capacity costs referred to in
Clause 4 (c) in either of the following manners:
(a) Pre-paid total amount up front
(b) Phased in over each stage of the proposed development
6.
In this Clause" reserved capacity" shall mean capacity allotted for Huron-Kinloss
but not yet being utilized and for which no capital capacity charges referred to in
Clause 4( c) have been paid to Kincardine:
In the event Huron-Kinloss exercises option 5(b) it is agreed that the reserved
capacity for the connection of the development shall expire at the end of fifteen
(15) years from the date of this agreement, unless otherwise amended by the
parties to this agreement.
7. Huron-Kinloss may pay all balances outstanding for capacity prior to the expiration
of the reserved capacity in which case such capacity shall not be withheld by
Kincardine.
8. The parties hereto agree that this Agreement shall bind the parties and their successors and
assigns,
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Kincardine/Huron-Kinless Sewer Study Agreement
Page 3
9.
Any notice required to be given pursuant to this Agreement shall be given by fax
transmission, e-mail or Courier Service as follows:
For Kincardine:
John deRosenroll
Chief Administrative Officer
Municipality of Kincardine
1475 Concession 5
R. R. No.5
Kincardine, Ontario
N2Z 2X6
Fax: 519-396h8288
E-Mail: JdeRosenroll@kincardine.net
For Huron-Kinloss:
Ms. Laura Haight
Clerk
Township of Huron-Kinloss
21 Queen Street
Box 130
Ripley, Ontario
NOG 2RO
Fax: 519-395-4107
E-Mail: hurontwD@hurontel.on.ca
10. Further that no liability shall be assumed or implied to the Municipality of Kincardine regarding this
agreement now or in the future.
IN WITNESS WHEREOF Kincardine has hereunto affixed its corporate seal under the hand of its Mayor
and Chief Administrative Officer and Huron-Kinloss has hereunto affixed its corporate seal under the hands
of its Mayor and Clerk.
SIGNED, SEALED AND DELIVERED
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THE CORPORATION OF THE MUNICIPALITY
OF KINCARDINE
in the presence of
Per:
Larry May,þr:.
Per:
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John de Rosenroll, CAO
We have authority to bind the Corporation.
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We have authority to bind the Corporation.
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Klncardine/Huron-Kinloss Sewer Study Agreement
Page 4
SCHEDULE "A"
Part of Lot 65, 66, and 67 Concession A, (former Township of Huron, Township of Huron-Kinloss, County
of Bruce consisting of approximately 60.7 hectares.