HomeMy WebLinkAboutTIV 90 008 Ont Hydro sewage pl
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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
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1990.
f-;~ea;: ~
Reeve
READ A THIRD TIME AND FINALLY PASSED, SIGNED AND SEALED THIS ¡'ð?1C DAY OF
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1990.
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Reeve
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THIS
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made, in
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this
quadruplicate,
AGREEMENT
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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
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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").
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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,
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(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.
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5.
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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
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(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.'
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(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:
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(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.
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(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
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(d)
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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.
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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.
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(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.
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For any period of time, the amount charged pursuant to
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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 alent 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.
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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 Alreement, 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
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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
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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
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Pr~sident
THE CORPORATION OF THE
VILLAGE OF TIVERTON
Per:
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SCHEDULE "A" TO AN AGREEMENT BETWEEN
ONTARIO HYDRO AND THE CORPORATION OF
THE VILLAGE OF TIVERTON DATED THE
DAY OF , 19_
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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
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Village of Tiverton
TOTAL SYSTEMS
, Municipal \ Share of Sewage
Treatment Plant Capital Cost:
Municipal \ Share of OUtfall
Sewer Capital Costs
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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\
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Less: advance
OUtstanding 8alence
The parties hereto egree that the above-noted figures are
estimates only and sUbject to final adjustment.
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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)
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