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HomeMy WebLinkAboutTIV 90 008 Ont Hydro sewage pl II I I '" < . II <~',,- THE CORPORATION OF THE VILLAGE OF TIVERTON BY-LAW NUMBER 1990-8 BY-LAW WITH RESPECT TO THE ONTARIO HYDRO SEWAGE TREATMENT PLANT WHEREAS the Municipal Council of the Corporation of the Village of Tiverton wishes to approve an Agreement with Ontario Hydro. THEREFORE THE MUNICIPAL COUNCIL OF THE CORPORATION OF THE VILLAGE OF TIVERTON ENACTS AS FOLLOWS: 1. That the agreement with Ontario Hydro 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 ¡d DAY OF ~ ~% . 1990. f-;~ea;: ~ Reeve READ A THIRD TIME AND FINALLY PASSED, SIGNED AND SEALED THIS ¡'ð?1C DAY OF ~. ~~~ 1990. ~-P , Reeve '"' < «<..~ . e< . '- -. THIS of made, in , 19~. '. Ntlv day this quadruplicate, AGREEMENT ~LJy BETWEEN: ONTARIO HYDRO a Corporation continued by The Power Corporation Act, R.S.O. 1980, C.384, as amended, (hereinafter call ·Ontario Hydro") OF THE FIRST PART - and - THE CORPORATION OF THE VILLAGE OF TIVERTON (hereinafter called the "Municipality") OF THE SECOND PART WHEREAS it is expedient to treat sewage from the Municipality in the Sewage Treatment Plant belonging to Ontario Hydro: NOW THEREFORE the parties hereto mutually covenant and agree as follows: 1. Ontario Hydro or its agent will operate and maintain the Sewage Treatment Plant constructed under Certificate of Approval No. 3-1657-88-006 and the Outfall Sewer constructed under Certificate of Approval No. 3-0583-88-006 (both herein referred to as the "Hydro Sewage Works"). -------' I'; - 2 - I ..... 2. The Hydro Sewage Works will be capable of: (a) treating an' annual average daily flow of up to 700 cu. metres of sewage from the Municipality and, . (b) discharging to Lake Huron up to 2557 cu. metres per day of the Municipality's treated effluent. 3. (1) In consideration of Ontario Hydro's obligations stated under Section I, the Municipality shall pay to Ontario Hydro the Municipal share of the capital costs as set out in Schedule "A- attached to this Agreement. . (2) The amount of Two Hundred and Twenty-five Thousand ($225,000.00) already paid by Her Majesty the Queen in right of Ontario as represented by the Minister of Environment shall be allowed as a credit against the amount payable under subsection 1 and the balance shall be paid by the Municipality to Ontario Hydro on the date the Municipality first delivers sewage to the Sewage Treatment Plan. 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 the payment is made. 4. The Municipality will not be responsible for any additional capital costs arising from subsequent expansion or alteration of the treatment facilities by Ontario Hydro to accolllllOdate requirements of the Bruce Energy Centre Complex. . 5. . , ' - 3 - -< The Municipality will be responsible for any additional portion of the capital cost of the treatment facilities or the capital cost arising from subsequent expansion or alteration of the treatment facilities required to accolllllOdate flows in excess of those stated in clauses 2(a) and (b). The capital charge shall be as determined by Ontario Hydro and approved by the Municipality. 6. (1) With respect to receiving sewage from the Municipality, Ontario Hydro has provided an eight . . (8) inch connection at manhole 1A adjacent to the sewage treatment plant inlet chamber and at a nominal elevation of 192 metres and located approximately 250 metres from the 2nd concession road.' 7. . (2) The Municipality will be responsible for constructing its pressurized sewer main to Ontario Hydro's manhole IA and will be further responsible for providing the facilities required to edapt its pressurized system to Ontario Hydro's gravity system. (3) The Municipality will be responsible for providing, at a mutually acceptable location, a flow meter and any automatic sampling equipment as may be necessary to monitor the quality of its sewage. Such equipment will be required to be compatible with the equipment installed by Ontario Hydro at its Sewage Treatment Plant. (1) The Municipality shall pay to Ontario Hydro in each year during the term of this Agreement, commencing with the year in which the Municipality delivers sewage to the treatment works, the following sums: r , "'"" - 4 - - . (a) Its proportion of the total cost to Ontario Hydro, in each such year of the operation, supervision, maintenance, repairs, administration and insurance of the Hydro Sewage Works as determined by Ontario Hydro after consultation with the Municipality. 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 any 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. (b) Subject to the provisions of Subsections (c) and (d) of this section, the proportion of the operating costs for the Hydro Sewage Works which are to be paid by the Municipality shall be based on the relationship between the annual sewage flow from the Municipality and the total annual sewage flow received at the treatment facility from all sources. . (c) Notwithstanding anything contained to the contrary in this Agreement, and provided the flows stated in Clause 2(a) and (b) are not exceeded, the parties agree that with respect to the payment for electrical power for the Sewage Treatment Plant, the Municipality's share shall be flow proportional but not exceed 50 percent of the monthly bi lling. This . (d) ~ - percentage being based on the estimated maximum horsepower required to operate a sewage treatment plant specifically designed for Ti verton and the estimated minimum ho.rsepower at which the Sewage Treatment Plant can be operated. All other payments shall '«be flow proportional or as otherwise specified in this Agreement. In the event the waste concentrations from any contributor either the Municipality or the Bruce Energy Centre exceed those concentrations established in the design of the plant or alternatively, those concentrations that may be established by the Ministry of Environment from time to time, to the extent that the operator of the sewage treatment plant judges that the increased concentrations are causing increased operating costs, thereupon flow shall no longer be the sole basis of cost sharing. In such an event, 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. Both parties agree to a review of operating costs by the Ministry of the Environment if requested by either party. (e) In the event the flows stated in clause 2(a) and 2(b) are e:kceeded, a revised or new basis of determining the Municipality's share of the electrical< power costs shall be established. . <' - 6 - ...... . 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. 8. (1) The Municipality shall pay to Ontario Hydro quarterly and not later than the 15th day of March, June, September and December in each year or such other days as Ontario Hydro may advise the Municipality, in writing, the sums due hereunder by the Municipality to Ontario Hydro in accordance with the accounts of ontario Hydro directed to the Municipality for each such year. Any delay in making payment will result in the amount of the payment attracting a monthly interest charge of l/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. (2) The mailing by ontario Hydro of an account by Prepaid Mail in an envelope addressed to the Clerk of the Municipality shall constitute delivery of the account to the Clerk of the Municipality. . (3) In each year, ontario Hydro shall deliver to the Municipality 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. ,. . ~ ',.J - 7 - , ..~ 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 Ontario Hydro and the Village of Tiverton, provided that if one or both of the sewage flow <meters fails to operate accurately or at all, the amount charged shall be based upon the avenge quantity previously recorded for any similar period of equal duration. 10. Ontario Hydro or its al ent may shut off or reduce the volume of sewage collected or treated at the Sewage Treatment Plant in cases of emergency or < breakdown, or when it may otherwise be necessary, but Ontario Hydro or its agent <shall endeavour to give to the Municipality 72 hours notice of intention to shut off or reduce the volume of sewage. 11. Ontario Hydro 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 ontario Hydro is intended nor shall any warranty or liability be implied or imposed in respect of the performance of this Agreement by ontario Hydro. 12. . The Municipality shall, as soon as possible after the execution of this Agreement and at least ninety (90) days prior to the Village requiring Ontario Hydro to accept Village sewage, pass a 8y-law in a form as set out in Schedule "8" to this Al reement, to control the discharge of sewage, as defined in the Ontario Water Resources Act, into the sewage works or into any sewer of the Municipality. If the Municipality already has a By-law . 13. 14. l5. - - 8 - controlling the discharge of sewage, it will amend the same at the request of the Ministry of the Environment and shall deliver a certified copy of such By-law passed to Ontario Hydro and the Ministry of the Bnvironment prior to the commencement date and shall not amend, further amend or rescind such By-law without the prior written approval of the Ministry of the Environment and Ontario Hydro and shall enforce such By-law with due diligence. The approval of Ontario Hydro < to a by-law imposing more stringent conditions shall not be required. It is agreed that the sewage works within the Municipality and the sanitary sewer from the Municipality ~o manhole lA shall be maintained by the Municipality. Manhole 1A shall be maintained by Ontario Hydro. The Municipality shall pass a By-law ensuring that no storm connections, foundation drains, roof downspouts or other connections to the sanitary sewers in the Municipality will be permitted. The parties hereto agree that this Agreement is conditional upon the Municipality receiving the approval of t:he Ontario Municipal Board under the provisions of Section 218 of The Municipal Act, R.S.O., 1980, as amended for the rates which will be imposed by the Municipality in connection with the Municipal Sewage Works and this agreement. . 16r The parties hereto agree that this Agreement shall not be terminated, except with the mutual written consent of . both parties. 17. Ontario Hydro hereby agrees that in the even of any conflict with the provisions of this Agreement and any . ,- . . I ' .... 9 - - other Agreement between ontario Hydro and any other third Party pertaining to a Sewage Treatment Plant referred to in this Agreement" the provisions of this Agreement shall prevail. 18. Any written notice requi~ed by this Agreement shall be deemed properly given if either mailed or delivered to the Secretary, Ontario Hydro, 700 University Avenue, Toronto, Ontario, M5G 1X6 on behalf of Ontario Hydro, or ,.~o,tbeVHlage of Tiverton, Box 130, < Tiverton, Ontario, NOG 2TOon behalf of the Municipality. The person may be changëdat any time by either party by written notice. IN WITNESS WHEREOF the parties have duly executed this Agreement. , Per: ONTARIO HYDRO /} I /, ¡:/{ "IÚi~( «t L~ Pr~sident THE CORPORATION OF THE VILLAGE OF TIVERTON Per: /I¿.{l4~:· àeeve Q/'<2"c1../-i/ddl..J ~lerk . f ' -' -' SCHEDULE "A" TO AN AGREEMENT BETWEEN ONTARIO HYDRO AND THE CORPORATION OF THE VILLAGE OF TIVERTON DATED THE DAY OF , 19_ . STATEMENT OF PHASE I ADDITIONAL CAPITAL COSTS TO BE PAID BY THE VILLAGE OF TIVERTON TO ONTARIO HYDRO WITH RESPECT TO THE PROVISION OF THE SEWAGB TREATMENT PLANT AND RELATED OUTFALL SEWER Bruèe Energy Centre Desian Flow 700 cu.m/day 1500 cu.m/day 2200 cu.m/day 700 cu.m/dav :II: 100\ 2200 cu.m/day - 32\ Village of Tiverton TOTAL SYSTEMS , Municipal \ Share of Sewage Treatment Plant Capital Cost: Municipal \ Share of OUtfall Sewer Capital Costs - J.5.ll 12557 - 20\ TOTAL ESTIMATED SYSTEM PRICE MUNICIPAL SHARE (f 32\) Treatment Work (f 20\) Outfall Sewer Sewage Treatment Plant '1,529,600 $ 854,281 $489,472 '170.857 $660,329 * 97.068 $757,391 '225.000 &532.391 Outfall Sewer Engineering Fees equel e fixed 14.7\ . Less: advance OUtstanding 8alence The parties hereto egree that the above-noted figures are estimates only and sUbject to final adjustment. . . . I ' - SCHEDULB "B" TO AM AGREEMENT BETWEEN ONTARIO HYDRO AND THB CORPORATION OF THE VILLAGB or TIVERTOH DATED THE DAY OF , 19__ 4IÞ MODBL SEWER USE BY-LAW (AUGUST, 1988 - ISBN 0-7729-4419-9) .