HomeMy WebLinkAbout11 048 OSTAR Infrastrucuare Initiative Addendum Project # 6292 By-law THE CORPORATION OF THE MUNICIPALITY OF KINCARDINE
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BY-LAW
NO. 2011 — 048
BEING A BY -LAW TO ENTER INTO AN ADDENDUM TO AMEND THE
ONTARIO SMALL TOWN AND RURAL DEVELOPMENT (OSTAR)
INFRASTRUCTURE INITIATIVE OPTION 1 PROJECT #6292
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 Council and the Ministry entered into a previous agreement for
the purpose of assisting the Municipality to comply with the requirements of the
Ontario Water Resources Act, R.S.O. 1990, c.O.40 and the Drinking Water
Systems Regulation made thereunder;
AND WHEREAS with the passage of By -law No. 2005 -192 the Council of The
Corporation of the Municipality of Kincardine entered into a funding agreement
with her Majesty the Queen in Right of Ontario as represented by the Minister of
Agriculture, Food and Rural Affairs to define the terms and conditions of a
funding agreement for the upgrade of the eight municipal water systems under
the OSTAR Infrastructure initiative;
• AND WHEREAS with the passage of By -law No. 2011 — 030 Council entered
into an Addendum to amend the terms and conditions of the original agreement;
AND WHEREAS the parties wish to further amend the funding agreement by
way of the attached Addendum;
NOW THEREFORE the Council of The Corporation of the Municipality of
Kincardine ENACTS as follows:
1. That the Municipality of Kincardine enter into an Addendum with Her Majesty
the Queen in Right of Ontario as represented by the Minister of Agriculture,
Food and Rural Affairs.
2. That the Mayor and Chief Administrative Officer be authorized and directed to
sign and execute, on behalf of The Corporation of the Municipality of
Kincardine, the Addendum with Her Majesty the Queen in Right of Ontario as
represented by the Minister of Agriculture, Food and Rural Affairs, attached
hereto as Schedule "A" and to affix the corporate seal.
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OSTAR Infrastructure Initiative Addendum Project #6292 By -law
By -law No. 2011 - 048
3. This By -law shall come into full force and effect upon receipt by the
• Municipality of Kincardine of a duly signed copy of the Addendum with the
Minister of Agriculture, Food and Rural Affairs.
4. This By -law may be cited as the "OSTAR Infrastructure Initiative Addendum
Project #6292 By -law".
READ a FIRST and SECOND TIME this 6th day of April, 2011.
arnaaluatzeue
1Mayor Clerk
READ a THIRD TIME and FINALLY PASSED this 6 day of April, 2011.
Mayor Clerk Q
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1111
Ontario Small Town and Rural Development Infrastructure Initiative
Round 1 — Option 1 Studies
FILE: 6292
AMENDING AGREEMENT
This Addendum made as of the _ day of 2011.
BETWEEN: HER MAJESTY THE QUEEN IN RIGHT OF ONTARIO as
represented by the MINISTER OF AGRICULTURE, FOOD AND
RURAL AFFAIRS
(hereinafter referred to as the "Ministry")
AND: ' THE CORPORATION OF THE MUNICIPALITY OF KINCARDINE
(hereinafter referred to as the "Recipient ")
WHEREAS, the Ministry and the Recipient have entered into a previous agreement dated
April 3iO, 2001 forte purpose of assisting the Recipient to comply with the requirements
of the Ontario Watbr }2esources Act, R.S.O. 1990, c.O.40 and the Drinking Water
Systems Regulation made thereunder,
AND WHEREAS, the previous agreement was amended by the parties pursuant to an
addendum dated December 03, 2004.
AND WHEREAS, the parties wish to further amend the previous agreement,
NOW THEREFORE, in consideration of the mutual covenants and agreements contained
herein and in the previous agreement and other good and valuable consideration, the
receipt and sufficiency of which is hereby acknowledged, the parties covenant and agree
as follows:
1. Sections 2.1 and 2.2 are deleted and replaced with the following:
2.1 This Agreement shall continue in effect up to the date on which the Ministry
pays the invoice from the recipient.
2.2Despite the foregoing, the Ministry is not obligated to pay or provide and will
not pay or provide any financial assistance as contemplated under this
Agreement for costs incurred after March 31, 2008 or for invoices received
after March 31, 2009.
2. Paragraph 1 of Schedule III as previously amended is deleted and replaced with
the following:
1. The maximum amount of financial assistance for the Study under this
Agreement is $218,047.33 and is based on maximum eligible costs of
$327,054.64.
3. All other terms and conditions of the previous agreement remain the same in full
force and effect.
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Ontario Small Town and Rural Development Infrastructure Initiative
Round 1 — Option 1 Studies
IN WITNESS WHEREOF the parties have executed this Addendum.
HER MAJESTY THE QUEEN IN RIGHT OF ONTARIO AS REPRESENTED BY THE
MINISTER OF AGRICULTURE, FOOD AND RURAL AFFAIRS
NAME: The Honourable Carol Mitchell DATE
TITLE: Minister of Agriculture, Food and Rural Affairs
THE CORPORATION OF THE MUNICIPALITY OF KINCARDINE i_
ME: rry Kraemer DA
TITLE: ayor
Affix
Corporate
Seal
� � � ' lam. fi a
NME: John deRosenroll ATE
TITLE: Chief Administrative Officer
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