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HomeMy WebLinkAbout12 151 Huron-Kinloss Water Agreement Amendment (2012) By-law THE CORPORATION OF THE MUNICIPALITY OF KINCARDINE t!T tiSt .0 i m BY-LAW NO. 2012 - 151 BEING A BY -LAW TO AMEND BY -LAW NO. 2004 -185, BEING A BY -LAW TO ENTER INTO AN AGREEMENT WITH THE CORPORATION OF THE TOWNSHIP OF HURON - KINLOSS FOR THE PROVISION OF WATER TO HURONVILLE SUBDIVISION • WHEREAS Section 8 (1) and 9 of the Municipal Act, 2001, S.O. 2001, c. 25, as amended, provides 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 a municipality 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 the Province of Ontario enacted the Safe Drinking Water Act, 2002; AND WHEREAS Section 14 of the Safe Drinking Water Act comes into force on December 31, 2012; AND WHEREAS the Municipality of Kincardine entered into an agreement with the Township of Huron Kinloss with the passing of By -law No. 2004 -185 on December 15, 2004; AND WHEREAS the Municipality deems it necessary to amend By -law No. 2004- 185; NOW THEREFORE the Council for The Corporation of the Municipality of Kincardine ENACTS as follows: 1. That Schedule "A" of By -law No. 2004 -185 be hereby amended as set out in the attached Schedule "A ". 2. That the Mayor and Chief Administrative Officer be authorized to execute, on behalf of The Corporation of the Municipality of Kincardine, the agreement with The Corporation of the Township of Huron - Kinloss, attached hereto as Schedule 'A'. 3. This by -law shall come into full force and effect upon its final passage. • ...12 Page 2 Huron - Kinloss Water Agreement Amendment (2012) By -law By -law No. 2012 -151 4. This by -law may be cited as the "Huron - Kinloss Water Agreement • Amendment (2012) By -law ". REAh FIRST SEC D time this 19 day of December, 2012 yor Clerk V READ a THIRD time and FINALLY PASSED this 19 day of December, 2012. IP - cammasfrizeiirti yo Clerk 1 • • • HURON - KINLOSS WATER AGREEMENT This AGREEMENT made this 19 day of December, 2012. BETWEEN: THE CORPORATION OF THE MUNICIPALITY OF KINCARDINE Hereinafter called the "Municipality' of the First Part -and - THE CORPORATION OF THE TOWNSHIP OF HURON - KINLOSS Hereinafter called the "Township" of the Second Part WHEREAS the Province of Ontario enacted the Safe Drinking Water Act, 2002; AND WHEREAS Section 14 of the Safe Drinking Water Act comes into force on December 31, 2012; AND WHEREAS the Municipality entered into an agreement with the Township with the passing of By -law No. 2004-185 on December 15, 2004; AND WHEREAS the Municipality deems it necessary to amend By -law No. 2004-185; NOW THEREFORE THIS AGREEMENT WITNESSETH THAT the parties hereto agree as follows: 1. That Schedule A of By -law No. 2004-185 be amended to include the following: 14. The Municipality agrees to manage, operate, maintain and alter the Huronville distribution system such that the system complies with the Safe Drinking Water Act, the regulations, any orders and all conditions in the Huronville Subdivision Drinking Water Works Permit and Municipal Drinking Water Licence. 15. The Municipality agrees to be responsible for the operation of the system if an emergency occurs. 16. The Municipality shall ensure that the Operational Plan for the Huronville Subdivision is reviewed and revised appropriately. The Municipality is responsible for informing both parties of all revisions. 17. The Municipality agrees to sample and test the water within the Huronville distribution system for lead. Huron- Kinloss Water Agreement 18. The Township is responsible for keeping the MOE Drinking Water Information System up to date. SIGNED, SEALED AND DELIVERED ) THE CORPORATION OF THE In the presence of ) MUNICIPALITY OF KINCARDINE ) IN WITNESS WHEREOF the ) Municipality has executed this ) r Agreement forming part of ) By -law No. 2012- 151 ) _ j -yor < CAO ) We have the authority to bind the Corporation JJ - -- ) ) ) ) ) THE CORPORATION OF THE ) TOWNSHIP OF HURON - KINLOSS ) ) Name V itn IN WITNESS WHEREOF the ) Township has executed this ) ��� Agreement forming part of ) Title /YL/r7a� lL /✓)cL %iV/ n By - law No. 201- DR ) Name 0) ) Title C/eik, ,.Sin y , t„ I„ s ", ) We have the authority to bind the Corporation )