HomeMy WebLinkAbout09 091 Bruce Power LTD Agreement By-Law
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THE CORPORATION OF THE MUNICIPALITY OF KINCARDINE
BY-LAW
NO. 2009 - 091
BEING A BY-LAW TO AUTHORIZE THE SIGNING OF
AN AGREEMENT WITH BRUCE POWER L.P FOR THE MAINTENANCE
OF THERMOLUMINESCENT DOSIMETERS (TLD) LOCATED WITHIN
THE MUNICIPALITY OF KINCARDINE
WHEREAS Sections 8 (1) and 9 of the Municipal Act, 2001, S.O. 2001, c. 25, as
amended, provide that the powers of a municipality under this or any other Act
shall be interpreted broadly so as to confer broad authority on the municipality to
enable the municipality to govern its affairs as it considers appropriate and to
enhance the municipality's ability to respond to municipal issues and has the
capacity, rights, powers and privileges of a natural person for the purpose of
exercising its authority under this or any other Act;
AND WHEREAS Bruce Power L.P. is required, as per the Provincial Nuclear
Response Plan, to provide and maintain equipment that can be used in the event
of a radiological incident;
AND WHEREAS Bruce Power has installed numerous Thermoluminescent
Dosimeters (TLD') throughout the 'Primary Zone' of the Municipality of
Kincardine;
AND WHEREAS the Council of The Corporation of the Municipality of Kincardine
deems it advisable to enter into an agreement with Bruce Power L.P., for the
maintenance of TLD's within the Municipality;
NOW THEREFORE the Council of The Corporation of the Municipality of
Kincardine ENACTS as follows:
1. That The Corporation of the Municipality of Kincardine enter into an
agreement with Bruce Power for the maintenance of a TLD's within the
Municipality of Kincardine.
2. That the Mayor and CAO be authorized and directed to execute, on behalf of
The Corporation of the Municipality of Kincardine, the agreement with Bruce
Power L.P., attached hereto as Schedule "A" and forming part of this By-law
and to affix the corporate seal of the Municipality of Kincardine.
3. That this By-law shall come into full force and effect upon its final passage.
4. This By-law may be cited as the "Bruce Power L TO Agreement By-law".
OND TIME this 17th day of June, 2009.
'j-l'YJ~ PCI~Q;)OQ(\
NALLY PASSED this 1 ih day of June, 2009.
lJYYC)Q Q()f)t a-Q ~aelJQ 0 r)
~ Clerk 0
Bruce Power
------~--
May 12,2009
VIA FACSIMILE
----
LCJ p ~!
Municipality of Kincardine
1475 Concession 5
R.R.#5
Kincardine, ON
N2Z 2X6
Attention:
Fax:
Ms. Roberta Trelford
519-396-3033
Hydro One
Box 130
Beachville, ON
NOJ 1AO
Attention: Ms. Deb Feeney
Fax: 519-423-6971
Re: Thermoluminescent Dosimeters
Dear Ms. Trelford and Ms. Feeney:
According to the Provincial NlIc1ear Response Plan (the "Plan"), Bruce Power L.P. ("Bruce
Power") is required to provide and maintain equipment that can be used in the event of a
radiological incident. A Thennoluminescent Dosimeter ("TLD") is a device that detects and
measures ionizing radiation and would be used to detennine the contamination zones after a
radiological incident. As you are already aware, Bruce Power has installed numerous TLDs
throughout the Primary Zone (i.e. the area located within a 10km radius of our nuclear
installations) to ensure compliance with the aforementioned Plan.
Bruce Power currently sends staff to inspect each TLD on a quarterly basis at which time the
TLD may be repaired or replaced if required. The TLDs are unmonitored the remainder of the
time and as such, it is possible that if a TLD was damaged, it could be up to three months before
Bruce Power would become aware of the problem. Bruce Power is therefore requesting.the co-_
operation of the Municipality of Kincardine ("the Municipality") and Hydro One to help ensure
that the TLDs remain in good working order and seeks to confirm our mutual understanding of
the terms and conditions set forth below.
The parties agree as follows:
1. Term of the Agreement
This Agreement will be effective as of the date first written above and will remain in effect
for the length of Bruce Power's lease with Ontario Power Generation of the Bruce Power
site, including any renewals thereof.
2. Entry onto Municipal Lands
a) Hydro One agrees to continue to permit Bruce Power to have TLDs installed on
Hydro One poles at the locations specified in Schedule A.
b) The Municipality agrees to continue to permit Bruce Power to have TLDs
installed on sign posts and steel posts at the locations specified in Schedule B.
c) The Municipality also agrees to grant Bruce Power a license allowing Bruce
Power employees to enter onto Municipal lands for the sole purpose of inspecting,
maintaining, repairing, altering, removing or replacing any of the TLDs.
3. Changes to Location of TLDs
Bruce Power shall provide to the Municipality and/or Hydro One, written notification of
any proposed changes to the location of a TLD, for their approval, prior to carrying out the
relocation.
4. Change in Ownership
The Municipality agrees to notify Bruce Power of any change in the ownership of any
municipal lands upon which a TLD is located, as soon as is reasonably practicable.
5. Work to be Done in Areas Containing a TLD
(a) The Municipality and Hydro One agree to make reasonable efforts to notify Bruce
Power of the date, time and nature of any work that is to be done in an area where it
is reasonably foreseeable that a TLD may be affected.
(b) The Municipality and Hydro One agree to make reasonable efforts to notify Bruce
u Power if they 1:Iec()me aWare thaJ a TLD appears to have been damaged.
6. Liability
a) Although the Municipality and Hydro One agree to make reasonable efforts to
ensure that the TLDs are not damaged, Bruce Power agrees that neither party shall
be held liable for any damage that is done to a TLD by the party themselves, their
employees or their agents.
b) Bruce Power also agrees to comply with all applicable law, including safety and
environmental laws, when entering onto lands of the Municipality to inspect the
TLDs. Should any property belonging to the Municipality or Hydro One be
damaged by Bruce Power employees performing work related to the TLDs, (and
provided that such damage is not caused by the negligence of the Municipality or
Hydro One, as the case may be) repairs to the property will be conducted solely at
the expense of Bruce Power.
7. No Cost
The Municipality and Hydro One agree that Bruce Power will not be charged any fees in
connection with the installation and monitoring of the TLDs on Municipality and/or Hydro
One land or property.
8. Notices
All notices under this Agreement shall be provided as follows:
If to Bruce Power, to:
Address:
Attention:
Fax:
Emergency Measures
177 Tie Road, R.R. #2
P.O. Box 1540, BI0
Tiverton, Ontario
NOG 2TO
Mr. Rick Cook
519-361-5339
If to the Municipality, to:
Address: 1475 Concession 5
R.R. #5
Kincardine, Ontario
N2Z 2X6
Attention:
Fax:
Ms. Roberta Trelford
519-396-3033
If to Hydro One, to:
Address: Box 130
Beachville, Ontario
NOJ lAO
Attention:
Fax:
Ms. Deb Feeney
(519) 423-6971
This letter agreement may be executed by the parties in counterpart and may be executed and
delivered by facsimile and all such counterparts and facsimiles shall together constitute one and
the same agreement.
If the foregoing correctly sunnnarizes your understanding of the terms agreed upon by the parties
and your agreement with the terms, please indicate your agreement to the foregoing by having
authorized representatives of the Municipality of Kincardine and of Hydro One sign where
indicated below and return a copy to us via facsimile at 519-361-5339 and a copy at 519-361-
4333.
Yours truly,
BRUCE POWER L.P., by its general partner, BRUCE
POWER INe.
Signed by:
Name:
Title:
Signed by:
Name:
Title:
Brian Armstrong
Executive Vice President and General Counsel
The undersigned hereby confirms that the foregoing correctly sunnnarizes our understanding of,
and agreement with, the terms set forth herein.
Dated as of this Il-day of, JllnC.J 2009.
MUNICIP~~
SIgned by: b
Name: La er
Title: Mayor
Signed by:
Name:
Title:
~\ ~~ ~r~,,^^4
John deRoseuroll
CAO
Dated as of this day of, 2009.
HYDRO ONE NETWORKS INC
Signed by:
Name:
Title:
Signed by:
Name:
Title:
Schedule A
The following are the GPS co-ordinates for the TLD monitors located on Hydro One Poles as at
the date of signing:
TLD Site # DMSLAT DMSLONG
101
102
103
104
105
106
107
108
119
120
126
127
128
129
137
138
139
145
4411 16'25.25"N
4411 16'41.34"N
441 16'57.11"N
441 17'10.9"N
44 17'7.01"N
4411 16'59.23"N
441116'51.1"N
4411 16'38.46"N
4411 18'26.75"N
44 118'37 .3"N
4411 19'23.45"N
44 19'34.97"N
44 19'43.9"N
44 19'55.42"N
4411 19'34.97"N
44 II 20'52.69"N
441120'57.01"N
44121'22.39"N
811 36'9.9''W
81 35'57.62"W
811 35'41.53"W
81 II 35'26.02"W
81 35'15.94"W
81 II 34'55.96"W
811 34'36.34"W
81 34'5.92"W
81 32'29.08"W
81 32'21.3"W
81 II 31'46.6"W
81 31'56.06"W
81 32'16.66"W
81 32'27.02"W
81 II 31'56.06"W
81 31'59.63"W
81 32'10.57''W
81 33'13.5''W
Schedule B
The following are the GPS co-ordinates for the TLD monitors located on Municipal lands as at
the date of signing:
TLD Site # DMSLAT DMSLONG
109
110
111
112
113
114
115
116
117
118
121
122
123
124
125
130
131
132
133
134
135
136
140
141
142
143
144
146
4411 16'45.26"N
4411 16'55.67"N
4411 17'6.14"N
4411 17'16.94"N
4411 17'26.92"N
4411 17'36.38"N
44 1 17'46.28"N
4411 17'56.26"N
441 18'6.48"N
441 18'16.09"N
44 18'45.29"N
4411 18'53.17"N
44 19'2.5"N
44 19'9.91"N
44 19'17"N
44 20'2.04"N
44120'8.38"N
44120'14.64"N
44 20'21.98"N
44 20'28.97"N
44 20'35.23"N
44120'42.4"N
441121'1.3"N
441121'5.69"N
441121'10.01"N
44121'14.54"N
441121'18.04"N
441121'28.15"N
81 II 33'47.7'W
81 II 33'39.35"W
811133'31.57"W
81 II 33'23.44'W
81 33'15.3"W
81 33'7.85"W
81 33'0.04"W
81 II 32'52.58"W
81 II 32'44.81"W
81 II 32'37.21"W
811 32'15.76"W
81 II 32'9.78"W
81 32'2.87"W
81131'57.11'W
81 31'51.67'W
81 132'22.06'W
81 32'17.09'W
811132'11.44"W
81 32'5.68"W
81 II 32'0.35"W
81 31'56.39"W
81 131'50.05"W
81 32'21.12"W
81 II 32'31.81"W
811 32'42.36"W
81 II 32'52. 94"W
81 33'2.38"W
81 II 32'59.1"W