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HomeMy WebLinkAboutKIN 81 4401 Agree -MTC(Airport) THE CORPORATION OF THE TOWN OF KINCARDINE BY-LAW NO. 4401 · A BY-LAW TO AUTHORIZE THE EXECUTION OF AN AGREEMENT WITH THE MINISTRY OF TRANSPORTATION AND COMMUNICATIONS, the Corporation of the Town of Kincardine, and the Corporation of the Township of Kincardine. The Corporation of the Town of Kincardine by the Municipal Council thereof ENACTS as follows: · 1. That the Head of Council and the Clerk be and they are hereby authorized to execute an agreement on behalf of the Corporation of the Town of Kincardine with the Minister of Transportation and Communications for the Province of Ontario and the Corporation of the Township of Kincardine, upon the same terms or upon tenns substantially the same as are contained in the agreement fonning Schedule "A" to this By-law,' and to affix the Seal of the Corporation to such agreement, under Section 361 (1) of The Municipal Act. READ FIRST and S TIME this 3rd day of December , 19i!1. ~ ??ð-'~ /'" Clerk Reeve · READ a THIRD TIME and FINALLY PASSED this ..l!:!L day of December 19!!l. ~ , -h.'i~ ~ .~~_a~ Reeve ~lerk · , - . . -y - -. ../--:'" ~~- ~/-- .~ - --:;;;::: ~ - - - -=- ...~ 2" ,. - :.~ Municipal Airport Development Agreement ----..-- MEMORANDUM OF AGREEMENT made in quadruplicate this twenty-second day of July, A.D. 1981, BETWEEN: HER MAJESTY THE QUEEN in right of. the Province of Ontario as represented by the Minister of Transportation anü Communications, hereinafter referred to as the "Minister", OF THE FIRST PART, -and- THE CORPORATION OF THE TOWN KINCARDINE, -and- THE CORPORATION OF THE TOWNSHIP OF KINCARDINE, hereinafter referred to as the "Corporations" OF THE SECOND PART. WHEREAS the corporations have proposed to develop, imprðve or operate a public airport located in the Township of Kincardine to be known as the Kincardine '.R -n... 701',)) - Airport; p:í~ . ' A 7. and Township A~TD ~¡EREAS the corporations may from time to time apply to the Minister for financial assistancer AND ~EREAS the Minister may agree to grant such financial assistance by authority of The Airports Act: NOW THEREFORE THIS AßREEMENT WITNESSETH that in consideration of the premises the parties hereto, for themselves B.nd their respective successors and assigns, hereby mutually agree each with the other as follows: 1. That the Corporations shall enact, or causa to be enacted, such zoning regulations as may be necessary to control the height of structures on and about tl¡e airport in accordance with the current regulations of Transport Canada. 2. That the Corporations shall enact, or cauße to be enacted, land use regulations over lands surrounding the airport so as to prevent the encroachment of land use activities which are not compatible with the operation of a public airport. Town , . ~ 3. That no buildings or structures shull be erected, nor shall th~ airport be altered, sold or leased, without the prior written approval by the Minister. 4. That, where the Minister has approved of financial assistance towards any work, the work will be performed to plans and specifications approved by the District Engineer and no contract will be awarded for the work without the prior written approval of the District Engineer. 5. That the corporations shall maintain a separate record for all expenditures for which subsidy may be claimed, in such form and detail as the Minister may require and shall make such records together with all supporting documents available to the Minister for examination and audit upon request. 6. That the Minister, his employees and agents may enter upon the airport to inspect the airport and facilities from time to time. 7. That the Corporations shall comply with the Aeronautics Act and Regulations made pursuant to that Act. 8. That the corporations shall operate and maintain the airport to the standard necessary to hold a public licence under the Aeronautics Act. 9. That the Corporations shall at all times indemnify and ~ave harmless the Minister, his agents, and employees, from and against any loss, damage, or injury and all actionB, suits, proceedings, costs, charges, damages, expenses, claims or demands of any nature or kind arising out of or connected with the improvement, operation or maintenance of the airport. f' , 10. That the Corporations shall at all times retain such rights as title, lease or easement for airport lands as required to ensure the airport as a public facility. 11. That any financial assistance for ~Iork agreed to by the Minister shall be paid from time to time as the work is completed and the final payment when satisfied the work has been completed in a good and workmanlike manner. 12. That, should financial assistance be directed toward the maintenance of the airport, the corporations shall also: (a) keep a separate and detailed record of all revenue arising out of or connected with the operation of the airport and lIIake the same available to the Minister for examination and audit upon request therefor, (b) collect a surcharge on each gallon of aviation fuel retailed at .the airport! and (c) charge fees for landing and parking. 13. That it is understood and agreed by and between the parties hereto that the Minister's commitment and involvement extends only to the provision of financial assistance as may be set out in a Minister's letter of approval. IN WITNESS WHEREOF the Minister of Transportation and Communications on behalf of the party of the First Part has hereunto set his hand and the parties of the i ~ Second Part have affixed their corporate seals attested by the hands of their proper officers duly authorized in that behalf. SIGNED AND SEALED this 71£ /;1 f day of ,;t._óL·C''':' >7I.¿Ú!-U A.D. 19&'/. ¡ ~ Reeve THE CORPORATION 0 OF KIN /C~ ,~..-~ -- THE CORPORATION OF THE TOWNSHIP OF KINCARDINE Reeve aLJ £1_1'.1 i' Clerk )) . J P ~; ¡. 'i .~ ',_~jJ'(::'-'_ , ,{ tC'. -j ( B 801356 Ontario Municipal Board IN 'fBB MAftBR or Section 64 of '!'he OIlUrio Munioi2al Boar:4 Act, 1R.S.0. 1970, c. 323r-1HOw R.S.O. 1980, c. 347), and SectiOft 362 of '!'he Municipal Aot:, (R.S.O. 1970, c. 284)~NOW Section 218, R.S.O. 1980, c. 302) - and - IN 'fBB HAftER OJ!' an applicatiOft by '1'be Corporation of the '1'OWn of Kincard1ne for an order approving: (a) the constructiOft of certain works at an estimated cost of $2,102,990.00, and the borrowin.g of money by way of temporary advenaes not exaeedin9 in the aggregate such estimated cost pending the sale of Clebentures, and (b) the i..uanae of debentures in the sum of $800,000.00 for a term of ~~. years - and - IN 'fBB IlA'f'fER OF the pas.ing of a by-law imposing a sewer rate such application having been approved by order of the Boar:4 dated the 28th day of May, 1981 - and - IN 'fBB HAftSR OJ' a pnvioWl application for approval of the pas sine¡ of a by-law by the s.id corporatiOft amending' such previoWl ....r rate under the proviaiOfts of Section 218 of '!be Municipal Act, (R.S.O. 1980, o. 3~) such application having been approved by order of the Board dated the 16th day of October, 1981 - and - IN 'fBB HAftSR or a previous application for an order approving' an aDlendment of the pnvioWl or:4er dated the 28th day of May, 1981, by amending the description of Item 12 in Schedule -A- to the said or:4er ~ - 2 - E 801356 such application having been approved by order of the Board dated the 4th day of January, 1982 - and - IN THE MATTER OF a present application for approval of the p..sinq of a by-law by the said corporation amendinq such previous sewer rate on BOard's previous order dated the 16th day of October, 1981, under the provisions of Section 218 of The Municipal Act, (R.S.O. 1980, c. 302) BEFOREI A.H. ARRBLL, Q.c. Viae-Chairman - and - D. W. MIDDLB'1'ON Member ] ] ] ] ] ] ) 'l'uesday, the 1st day of June, 1982 THE BOARD ORDERS that The COrporation of the Town of Kincardine may amend its sewer rate by-law passed pursuant to the previous order of the BOard dated the 16th day of October, 1981, and entered in order book No. E 80-5 at folio 379 on the 16th day of November, 1981, by decreasinq the sewer rate from a rate of not more than $7.28 per metre to It rate of not more than $6.01 per metre with interest thereon at a rate not exceeding 16.50t per annUIII, on all owners or occupants of lands within the municipality which front on or abut on the streets or parts of streets or connect to same as described in Schedule "A" to the said previolJ8 order of the Board dated the 28th day of May, 1981, be and the same is bareby approved. ~- ~-:'_.. -.. _. r)L· ". ..~ ttSJ!CRBTARY \ Œ. ~. íi~~;:~:t7~' l\ r~~~- . I·~·d~. , " \ ' "'t».. r.· . ~. . ..... 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