HomeMy WebLinkAbout13 112 Huron-Kinloss Water Agreement Amendment (2013) By-law THE CORPORATION OF THE MUNICIPALITY OF KINCARDINE
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BY -LAW
NO. 2013 -112
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;
WHEREAS the Municipality of Kincardine owns and operates works for the supply
and distribution of water;
AND WHEREAS there are certain urban developments in the Township of Huron -
Kinloss adjacent to the Municipality of Kincardine which are serviced by
watermains and the water transmitted through the said watermains is supplied by
the Municipality of Kincardine;
AND WHEREAS the Municipality entered into an agreement with the Township
with the passing of By -law No. 2004 -185 on December 15, 2004 to supply water
• to the properties in the Huronville Subdivision of the Township of Huron - Kinloss;
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.
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Huron - Kinloss Water Agreement Amendment (2013) By -Iaw
By-law No. 2013 - 112
4. This by -Iaw may be cited as the "Huron - Kinloss Water Agreement
III Amendment (2013) By-law".
REAL a Fl nd COND time this 4 day of September, 2013.
rte_ .___.. / _% :r .. Imo/ flUirte,
4 Mayor Clerk
R THIR an , NALLY PASSED this 4 11h day of September, 2013.
08.
Mayor Clerk
111
III
III
HURON - KINLOSS WATER AGREEMENT
This AGREEMENT made this 4 day of Se{ - OYIh 'C , 2013.
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 Municipality of Kincardine owns and operates works for the supply and
distribution of water;
AND WHEREAS there are certain urban developments in the Township of Huron - Kinloss
adjacent to the Municipality of Kincardine which are serviced by watermains and the water
transmitted through the said watermains is supplied by the Municipality of Kincardine;
AND WHEREAS the Municipality entered into an agreement with the Township with the passing
of By -law No. 2004 -185 on December 15, 2004 to supply water to the properties in the
Huronville Subdivision of the Township of Huron - Kinloss;
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" By -law No. 2004 -185 be amended as follows:
i) That the following by deleted from Section 3:
The Township shall reimburse the Municipality for such maintenance
costs, with the exception of fire hydrants, on a time - and - material basis.
ii) That the charge of 150% be deleted from Section 4 and replaced with
125 %.
SIGNED, SEALED AND DELIVERED
In the presence of
IN WITNESS WHEREOF the THE CORPORATION OF THE
Municipality has executed this MUNICIPALITY KI RDIN€
Agreement forming part of _ _ _ _
By -law No. 2013 - 112
y V' Mayor ; .` ; .
CAO
We have the authority to bind the Corporation
IN WITNESS WHEREOF the THE CORPORATION OF THE TOWNSHIP
Township has executed this OF HURON - KIN SS
Agreement forming part of
By -law No. 2013 -43
Mayor
_a(fda
CAO
We have the authority to bind the Corporation