HomeMy WebLinkAboutTWP 97 013 SVCA Flood Control
· THE CORPORATIIr OF
THE TOWNSHIP OF KINCARDINE
BY-LAW 97 -13
A BY-LAW TO AUTHORIZE THE SIGNING OF AN AGREEMENT WITH THE
SAUGEEN VALLEY CONSERVATION AUTHORITY AND THE CORPORATION OF THE
TOWNSHIP OF KINCARDINE.
WHEREAS the Council for The Corporation of the Township of
Kincardine deems it advisable to enter into a Maintenance
Agreement for the Inverhuron Flood Control Project in Kincardine
Township with Saugeen Valley Conservation Authority.
NOW THEREFORE the Council of The Corporation of the Township of
Kincardine ENACTS as follows:
1. That The Corporation of the Township of Kincardine enter into
a Maintenance agreement with Saugeen Valley Conservation
Authority for the Inverhuron Flood Control Project.
2. That the Reeve and Clerk-Treasurer be authorized to sign, on
behalf of The Corporation of the Township of Kincardine, the
agreement with Saugeen Valley Conservation Authority which is
attached to this by-law and to affix the Township's seal as
and when required.
3. This by-law shall come into full force and effect upon its
final passage.
4. This By-law may be cited as the "Kincardine Township-Saugeen
Valley Conservation Authority Inverhuron Flood Control
Project Agreement By-Law".
READ A FIRST AND SECOND TIME, this .q~~ day of
,1997.
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READ A THIRD AND FI
this ,'fAd day of
SIGNED, SEALED AND FINALLY PASSED
, 1997
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REEVE :
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THIS AGREEMENT made in triplicate on ~ I';¿ , 1997
BETWEEN:
THE TOWNSHIP OF KINCARDINE
(referred to herein as the Township)
-and-
THE SAUGEEN VALLEY CONSERVATION AUTHORITY
(referred to herein as the Authority)
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WHEREAS the Township has agreed with the concept of entering into
a maintenance agreement for the Inverhuron Flood Control Project
(referred to herein as the Project) as the named agent of the
Authority;
AND WHEREAS under section 21(n) of the Conservation Authorities
Act (R.S.O. 1990) an Authority has power to collaborate and enter
into agreements with ministries and agencies of government,
municipal councils and local boards and other organizations;
NOW THEREFORE it is agreed by both parties that the Township will
act as the named agent of the Authority and as such, the Township
has the right to enter upon those lands upon which the Authority
has registered maintenance easement agreements for the Project,
as shown on Registered Plan No. 3R-4527.
AND FURTHER as an agent of the Authority, the Township agrees to
inspect the vicinity of the piped portion of the project on a
monthly basis according to those items listed on the inspection
report form attached as SCHEDULE A.
AND FURTHER that the Township agrees to take appropriate remedial
action to rectify problems found during monthly inspections to
ensure that the design pipe capacity of the Project is
4IÞ maintained. ~
AND FURTHER that the Township understands that appropriate action
may include, but not be limited to, items such as; the removal of
debris from grates, removal of obstructions such as gravel,
stones or sediment from the pipe or from the immediate vicinity
of the pipe inlet and outlet.
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AND FURTHER that the Township agrees to complete an inspection
report form and forwarded it to the Authority after each
inspection.
AND FURTHER that additional inspections by the Township may be
required prior to, and during, any runoff event of significance.
AND FURTHER it is agreed by both parties, that the Authority will
pay the Township, fifty percent of the costs of those activities
required to have been undertaken under this agreement, being that
amount representing the provincial grant for the maintenance and
operation of flood control structures, as long as provincial
grants are available, to a maximum of 1000 dollars per year which
is a figure based on maintenance costs for this portion of the
project over the last five years.
AND FURTHER that works or emergency works and associated costs
beyond 1000 dollars will be mutually agreed upon at the time when
such works are required to be undertaken.
AND FURTHER the Township will invoice the Authority for fifty
percent of the total costs of the works following the completion
of any works and that all invoices will be received by the
Authority prior to the end of the year (Dec 31) .
AND FURTHER the Township agrees to pay fifty percent of the costs
of the works out of current revenues as the special benefiting
municipality.
AND FURTHER by execution of this agreement, the Township accepts
responsibility and liability for its actions in undertaking works
identified in this agreement.
AND FURTHER it is agreed by both parties that at the beginning of
each year, Township and Authority staff will undertake a joint
inspection of the Project to identify works beyond the intentions
of this agreement.
AND FURTHER in the event that provincial grants are no longer
available, it is agreed that both parties will meet to assess the
continuation of the agreement.
AND FURTHER this agreement may be amended by mutual agreement in
writing, from time to time, to reflect changes in provincial
funding, or as a result of subsequent discussions between the
parties hereto.
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AND FURTHER it is agreed by both parties, that either .party may
terminate the agreement at any time , in writing to the other
party of the agreement, with a minimum of six months notice.
IN WITNESS WHEREOF the parties have affixed their hands and seals
hereto.
SIGNED, SEALED, and DELIVERED )
in the presence of )
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SAUGEEN VALLEY CONSERVATION
AUTHORITY
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GENERA!.
SECRfTARY-TR
per:
We have the autho ity to bind the
corporation
THE TOWNSHIP of KINCARDINE
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C ERK-TREASURER .
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SCHEDULE A
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INVERHURON FLOOD CONTROL PROJECT
INSPECTION REPORT FORMS
Date
Time
Weather
Inspected by
Inspection Items for Piped Portion of Project:
Debris on Grates:
Description:
Action Taken:
Material Accumulated Inside Pipe:
Description:
Action Taken:
Material Accumulated Upstream of Inlet:
Description:
Action Taken:
Any evidence of a water elevation on grate, headwall or
ditchbanks? (measure down from top of headwall)
Any Other Observations?