HomeMy WebLinkAbout04 185 agree lakeshore rd H-K
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TIlE CORPORATION OF TIIE MUNICIPALITY OF KlNC INE
BY-LAW
NO. 2004 -185
BEING ABY -LAW TO ENTER INTO AN AGREEMENT ITH THE
CORPORATION OF THE TOWNSHIP OF HURON-KINLO S FOR THE
PROVISION OF WATER TO HURONVILLE SUBDIV SION
WHEREAS the Province of Ontario has enacted the Safe D 'nking Water Act,
2002, O.Reg. 170103, to protect human health through the cont I and regulation
of drinking-water systems and drinking-water testing;
AND WHEREAS the Municipal Act, 2001, S.O. 2001, c. 2 Section 11 (2)
authorizes municipalities to pass by-laws respecting matters wi hin the sphere of
jurisdiction of water distribution;
AND WHEREAS Section 20 of the said Municipal Act, provides hat a municipality
may enter into an agreement with another municipality to provid ,for their joint
benefit, any matter which each municipality has the power to p vide within its
own boundaries;
AND WHEREAS certain urban developments located in the T wnship of Huron-
Kinloss, are serviced by watermains;
AND WHEREAS the water transmitted through the said wate ains is supplied by
the Municipality of Kincardine through the terms of an agre ment between the
former Township of Huron and the former Town of Kincardi e dated June 26,
1997;
AND WHEREAS it has been determined that amendments to the June 26, 1997
agreement are required in order to meet the requirements of t e O.Reg. 170/03;
AND WHEREAS Sections 8 and 9 (1) of the said Mun cipal Act provides
municipalities with the powers of a natural person to enable t em to govem their
affairs as they consider appropriate and to enhance their bility to respond to
municipal issues;
NOW THEREFORE the Council for The Corporation of he Municipality of
Kincardine ENACTS as follows:
1. That the Council for The Corporation of the Municipality of Kincardine enter
into an agreement with the Corporation of the Township f Huron-Kinloss for
the provision of water to Huronville Subdivision accordi g to the terms and
conditions as outlined in the agreement attached to this by-law as Schedule
"'A".
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By-law No. 2004 - 185
Huron-Kinloss Water Agreement By-law
That the Mayor and CAO be authorized to sign, on behalf of The
Corporation of the Municipality of Kincardine, the agre ment with the
Corporation of the Township of Huron-Kinloss attached t this by-law as
Schedule "A".
3. This by-law shall come into full force and effect upon its fin I passage.
4. This by-law may be cited as the "Huron-Kin loss Water Agr ment By-law".
READ a FIRST, SECOND, and THIRD time and FINALLY PASS D this 15th day
of December, 2004.
~D. __I. ~
Mayor ,.
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This is Schedule" JL" tc:;~aw
Þ No~'¡"' < passed the I. day
THIS AGREEMENT made 1h1' dO day of Deœmbe'';¡~~
BET WEE N . u..
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THE CORPORATION OF THE TOWNSHIP OF HURON-KINLOSS,
hereinafter called the "Township"
OF THE FIRST PART
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THE CORPORATION OF THE MUNICIPALITY OF KINCARDINE,
hereinafter called the "Municipality"
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 WHEREAS the Municipality of Kincardine waterworks system was
operated and maintained by Kincardine Public Utilities Commission
(Kincardine P.U.C.) and, effective May 1, 1997, is operated and maintained
by the Municipality of Kincardine;
AND WHEREAS the water transmitted through the said watermains is
supplied by the Municipality of Kincardine.
NOW THEREFORE THIS AGREEMENT WITNESSETH that in
consideration of the premises and the sum of one dollar ($1.00) now paid by
each Party to the other, the parties hereto have agreed as follows:
1. This Agreement applies to all lands and buildings within Plan M-
28, consisting of 90 lots, commonly known as Huronville
Subdivision.
2. The Municipality shall supply water to properties in the Huronville
Subdivision.
3. The Township agrees that the administration and control of all
water mains, fire hydrants and all accessories owned by the
Township from time to time, within the said area, is hereby vested
in the Municipality of Kincardine and the Municipality of Kincardine
shall be responsible for maintenance, repair and replacement of
such water mains, fire hydrants and accessories. The Township
shall reimburse the Municipality for such maintenance costs, with
the exception of fire hydrants. on a time-and-material basis. The
cost of maintenance of the fire hydrants is included in the annual
fire hydrant charge as denoted in Clause 5 of this agreement.
4. The Municipality shall bill directly the individual property owners
serviced by the Municipality and the rates for residential services
shall be charged at 150% of the residential rates charged within
the Kincardine Water Treatment Plant Expanded Service Area.
5. The Township agrees to pay to the Municipality the sum of one
hundred and fifty dollars ($150.00) per year for each water hydrant
located within the said area.
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Township of Huron Kinloss and Municipality of Kincardine Water Agreement
a
6. The Municipality agrees to provide a water main locate service to
the Township, as required, at no additional charge to the
Township.
7. The Municipality reserves the right to make such rules and
regulations conceming use of water as may seem proper and
requisite to the Municipality; for example, goveming lawn watering,
supply of water to seasonal or cottage properties, division of repair
or replacement costs as between lines located on public and
private property and such other matters, and the Municipality
agrees to pass such by-laws or do any other thing which may be
suitable or required for the proper provision of water to properties
within the said area and for the collection of any costs incidental
thereto.
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8. The Township hereby grants permission to the Municipality to
have access over Township roads within the said area and over
any Township easements within the said area, for the purpose of
maintenance, repair and replacement of the said water mains,
provided that the Municipality shall repair such roads or
easements to a proper standard.
9. The Municipality agrees to operate the secondary disinfection
equipment at the Kincardine Water Treatment Plant in such a
manner that at all times and at all locations within the distribution
system the required free chlorine residual is maintained.
10. The Municipality agrees to sample and test the water as if it were
part of the Municipality of Kincardine distribution system.
11. The Municipality will provide the Township with an Annual Report
at the same time that it is prepared for the Ministry of the
Environment.
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12.lt is understood and agreed that the Municipality is only prepared
to make individual water billings to the owner of each property.
13. This agreement shall be and remain in force from year to year, but
may be terminated at any time on notice in writing given by one
Party hereto to the other, giving a clear ninety (90) days notice of
termination.
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Township of Huron Kinloss and Municipality of Kincardine Water Agreement
IN WITNESS WHEREOF the Municipality has hereto affixed its corporate
seal attested by)he hand O~d Chief Administrative Officer this
J$<£I'./ day of 2004. The Township has hereunto
affixed ~rporate seal atteste~d of its Mayor and Clerk this
d day of ~ ,2004.
SIGNED, SEALED AND DELIVERED )
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in the presence of )
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The Corporation of the Township of
Huron-Kinloss
Per:
N.ame: ~
Title: M~ £
Per:
Name:
Title:
l!We have authority to '6Ind ttiè:' ,: :,.'
Corporation. " '_ :'.::c"
THE CORPORATION OF THE
MUNICIPALITY OF KINCARDINE
Per: .ß1J.~¡<. ~
Glenn R. Suttón, Mayor
Per:
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John deRosenroll, -CAO
We have authority to bind the
Corporation.