HomeMy WebLinkAboutTWP 91 043 Agree -Tiv/Forcemain
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THE CORPORATION OF THE
TOW N S HIP
o F
KIN CAR DIN E
BY-LAW NUMBER 1991-43
Being a By-Law to enter into an agreement with the Village of
Tiverton for the use of the forcemain belonging to Tiverton to
carry sewage to a Sewage Treatment Plant belonging to Ontario
Hydro under the provisions of the Municipal Act R.S.O 1980
Chapter 302, Section 208(4).
1. That the agreement with the Village of Tiverton
attached hereto, be and the same is hereby approved.
2. That the Reeve and Clerk are hereby authorized to
execute under seal the said agreement.
READ A FIRST, SECOND TIME THIS 16th day of December, 1991.
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Cl k-Treasur
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Reeve
READ A
day of
THIRD TIME AND FINALLY PASSED SIGNED AND SEALED THIS /¿~
December, 1991.
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Cl k-Treasur
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Reeve
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THIS AGREEMENT made, in quadruplicate, this
day of ~ð.-u-f/m¡'.vr.J , 19.fL.
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BET WEE N:
THE CORPORATION OF THE VILLAGE OF TIVERTON, hereinafter
called -Tiverton-
OF THE FIRST PART
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THE CORPORATION OF THE TOWNSHIP OF KINCARDINE, hereinafter
called the -Township-
OF THE SECOND PART
WHEREAS it is expedient to allow the Township to use a
forcemain belonging to Tiverton to carry sewage to a Sewage
Treatment Plant belonging to Ontario Hydro;
NOW THEREFORE the parties hereto mutually covenant and agree as
fölIows:
1. Tiverton.or its agent will operate and maintain the forcemain
constructed under Certificate of Approval No. 3-2418-89-906.
2. (1) In consideration of Tiverton's responsibility under
Section 1, the Township shall pay to Tiverton the Township
share of the capital costs as set out in Schedule WA-
attached to this AgreellEmt.
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(2) In recognition that the Township is reserving capacity in
the forcemain for their use, the Township shall pay this
amount to Tiverton on the date the Township first delivers
sewage to the forcemain, or 30 days after the date of an
invoice delivered by Tiverton, whichever is sooner. Any
delay in making payment will result in the amount of the
payment attracting a monthly interest charge of 1/12 of an
annual rate 2% higher than the Bank of Montreal (Canada)
prime rate from the date payment was due until the date
payment is made.
3. The Township will not be responsible for any additional capital
costs arising from subsequent expansion or alteration of the
forcemain by Tiverton to accommodate requirements of Tiverton.
4.
The Township will be responsible for any additional portion of
the capital cost arising froa subsequent expansion or
alteration of the forcemain to accommodate flows in excess of
those stated in Schedule A. The capital charge shall be
determined by Tiverton and approved by the Township.
5. (1) With respect
Tiverton has
intersection
(2) The Township
until it has
to rece:LV:Lng sewage from the Township,
provided a point of connection at the
of Albert Street and County Road 15.
is not permitted to connect to the forcemain
obtained all required Statutory approvals.
(3) The Township will be responsible for constructing the
~ecessary facilities to pump its sewage to the forcemain
and will be further responsible for providing the
facilities required to adapt its system to Tiverton's
pressurized system.
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(4) The Township will be responsible for providing, at a
mutually acceptable location, a flow meter to record
quantity and any automatic sampling equipment as may be
necessary to monitor the quality of its sewage.
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6. The Township shall pay to Tiverton in each year during the term
of this Agreement, commencing with the year in which Tiverton
delivers sewage to the forcemain, the following sums:
(a)
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Its proportion of the total cost to Tiverton, in each such
year, of the operation, supervision, maintenance, repairs,
administration (including contributions to reserve
account) and insurance of the forcemain as determined by
Tiverton. It is agreed that any fines or penalties
imposed under any Provincial or Federal legislation shall
not be deemed to be part of maintenance costs and said
fines/penalties shall be borne exclusively by the party
directed to pay the same by an competent Court of Law,
unless that Party is able to establish that the fine or
penalty was imposed as a result of the fault of the other
Party, in which case, the other Party shall reimburse the
Party paying the fine or penalty. It is also agreed that,
for purposes of this agreement, operating costs will not
include the costs of sewage treatment.
(b) For the purposes of this agreement, the operating costs of
the forcemain will be derived as follows:
the capital cost of the forcemain section along Albert
street, between the intersection of CoUnty Road No. 15
and Albert street and the Ontario Hydro Sewage
Treatment Plant, divided by the total capital cost of
the Tiverton Sanitary Sewage project (exclusive of any
payments made to ontario Hydro for sewage treatment
capacity), multiplied by the annual operating cost of
the Tiverton Sanitary Sewage System (exclusive of any
costs for treatment of sewage by Ontario Hydro).
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(c) Subject to the provisions of Subsection (d) of this
section, the proportion of the operating costs for the
forcemain which are to be paid by the Township shall be
the SaJle proportion that the annual sewage flow from the
Township is to the total annual sewage flow carried by the
forcemain from all sources.
(d) Under the terms of another agreement (Village of Tiverton
and Ontario Hydro, dated July 10, 1990), Tiverton has
agreed to a cost sharing formula based upon flow. This
may be revised if waste concentrations exceed certain
established values. If the waste concentrations from the
Township are such that when combined with Tiverton's
sewage they cause the design concentrations to be exceeded
and Tiverton's cost sharing agreement with Ontario Hydro
is revised accordingly, then a revised or new basis of
cost sharing shall be established. until the revised or
new basis is established, interim accounts shall be issued
and paid on the basis of the existing payment structure
and an adjusting payment shall be made, if required, when
the revised or new basis is established.
(1) The Township shall pay to Tiverton, on a yearly basis, the
sums due hereunder by the Township to Tiverton in
accordance with the accounts of Tiverton directed to the
Township for each such year. Payment is due 30 days from
the date of the invoice directed to the Township. Any
delay in making payment will result in the amount of the
payment attracting a monthly interest charge of 1/12 of an
annual rate 2% over the Bank of Montreal (Canada) prime
rate from the date payment was due until the date the
payment is made.
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(2) The mailing by Tiverton of an account by Prepaid Hail in
an envelope addressed to the Clerk of the Township shall
constitute delivery of the account to the Clerk of the
Township.
(3) In each year, Tiverton shall deliver to the Township a
Statement showing how the charges hereinbefore referred to
are made up including any year-end adjustments, as
mutually agreed upon by both parties. For the purposes of
this paragraph, the year-end shall be deemed to be
December 31st of each year.
For any period of time, the amount charged pursuant to this
Agreement will be based upon quantity of sewage measured for
that period of time by the sewage flow meters provided by
Tiverton and the Township, provided that if one or both of the
sewage flow meters fails to operate accurately or at all, the
&mount charged shall be based upon the average quantity
previously recorded for any similar period of equal duration.
Tiverton is responsible only for the operation of the forcemain
and cannot control the operation of the sewage treatment plant
which is the ultimate destination of the sewage. If, for any
reason, the flow accepted at the sewage treatment plant is shut
off or reduced.. Tiverton shall endeavour to give the Township
as much notice as possible. If, for any reason, Tiverton
intends to shut off or reduce the volume of sewage carried in
the forcemain for purposes of maintenance or repair, Tiverton
or its agent shall endeavour to give the Township 72 hours
notice of its intention.
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10. Tiverton will exercise reasonable care in the carrying out of
all of the terms of this Agreement, it being understood and
agreed, nevertheless between the parties hereto, that, subject
always to the obligation to exercise such reasonable care, no
warranty or liability on the part of Tiverton is intended nor
shall any warranty or liability be implied or imposed in
respect of the performance of this Agreement by Tiverton.
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The Township shall, as soon as possible after the execution of
this Agreement and at least Ninety (90) days prior to the
Township requiring Tiverton to accept its sewage, pass a Bylaw
in a form as set out in Schedule -B- to this Agreement, to
control the discharge of sewage, as defined in the ontario
Water Resources Act, into the sewage works or into any sewer of
the Township. If the Township already has a Bylaw controlling
the discharge of sewage, it will aJlend the same to conform with
the Bylaw as set out in Schedule -B-, arid shall deliver a
certified copy of such Bylaw passed to Tiverton prior to the
commencement. date, and shall not amend, further amend or
rescind such Bylaw without the prior written approval of
Tiverton and shall enforce such Bylaw with due diligence. The
approval of Tiverton to a Bylaw imposing more stringent
conditions shall not be required.
It is agreed that the sewage works within the Township and the
sanitary sewer from the Township to the forcemain inlet shall
be maintained by the Township.
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13. The Township shall pass a Bylaw within 180 days from the date
of this agreement ensuring that no. storm connection, foundation
drains, roof downspouts or other connections to the sanitary
sewers in the Township will be permitted.
14. The parties hereto agree that this Agreement shall not be
terminated, except with the mutual written consent of both
parties.
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15. Tiverton hereby agrees that in the event of any conflict with
the provisions of this Agreement and any other Agreement
between Tiverton and any other third Party pertaining to the
forcemain referred to in this Agreement, the provisions of this
Agreement shall prevail.
16. The parties hereto agree that, in the event of any dispute
arising out of this Agreement, such dispute shall be submitted
to arbitration and the Hinister of the Environment or some
person or persons designated by him shall act as the
arbitrator. The decision of such arbitrator shall be final and
binding upon the parties hereto.
17. Any written notice required by this Agreement shall be deemed
properly given if either mailed or delivered to the Village of
Tiverton, Box 130, Tiverton, Ontario, NOG 2T0 on behalf of
Tiverton, or to the Township of Kincardine, R. R. 15,
Kincardine, Ontario, NOG 2GO, on behalf of the Township. The
address may be changed at any time by either party by written
notice.
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IN WITNESS WHEREOF the parties have duly executed this Agreement.
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Clerk
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THE CORPORATION OF THE
VILLAGE OF TIVERTON
Per:
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Clerk
Reeve
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THE CORPORATION OF THE
TOWNSHIP OF KINCARDINE
Per:
Reeve
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SCHEDULE -A-TO AN AGREEMENT
BETkISISII THE CORPORATION OF THE VILLAGE OF TIVERTON AND THE
CORPORATION OF THE T9""SHIP OF KINCARDINE DATED THE
/rd . DAY OF ~~ ' 19.1.L.
STATEMENT OF CAPITAL COST CONTRIBUTION TO BE PAID TO THE VILLAGE OF
TIVERTON BY THE TOWNSHIP OF KINCARDINE WITH RESPECT TO OSE OF THE
SBWAGE FORCEHAIN BETWEEN THE VILLAGE OF TIVERTON AND THE ONTARIO
HYDRO BEC SEWAGE TREATMENT PLANT.
l>esiqn Flow
Village of Tiverton
Township of Kincardine
other Sources
700 m3/d
135 m3/d
135 m3/d
Total Systems
970 m3/d
% Township share of forcemain capital cost =
135 ..3/d x 100%
970 m3/d
=
13.92%
Total Estimated Cost of Forcemain
from intersection of County Road
15 and Albert Street to Ontario Hydro
Sewage Treatment Plant
$225,000
Village of Tiverton Cost
(after Grants)
$ 35,900
Township Share (13.92%)
of Tiverton Cost
$ 5,000
The parties hereto agree that the above-noted cost estimates
are estimates only and subject to £inal adjustment.
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SCHEDULE -B- TO AN AGREEMENT
BETWEElw THE CORPORATION OF THE VILLAGE OF TIVERTON AND THE
CORPORATION OF THE TOWNSHIP OF KINCARDINE
DATED THE /1d DAY OF ~~.J¡...U) , 19.1L.
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HODEL SEWER USE BYLAW
(August 1988 - ISBN 0-7729-4419-9)