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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. ~ . ·~d "" IŒEVE . ~"j~<~~ C - TREAS READ A THIRD AND FI this ,'fAd day of SIGNED, SEALED AND FINALLY PASSED , 1997 .?X£~:;/A.¿4 REEVE : ~~£2dU1j#i~:-Á CL K-TREASURE . . ¿ . ~ ~ , . . 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) . 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. .' ""- . . . ~ . . 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. .' -, . . . .J . . 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 ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) SAUGEEN VALLEY CONSERVATION AUTHORITY ~ CHA1 ~[¡L GENERA!. SECRfTARY-TR per: We have the autho ity to bind the corporation THE TOWNSHIP of KINCARDINE :¿?~~ ~"<IL jJ ~~ C ERK-TREASURER . -r . " - ~ . . . . , . . . , SCHEDULE A . 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?