HomeMy WebLinkAboutBRU 89 033 agree Ont Hydro
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THE CORPORATION OF THE TOWNSHIP OF BRUCE
BY-LAW NO. 89-33
BEING A BY-LAW to authorize the Township of Bruce to enter into
an agreement with Ontario Hydro.
WHEREAS the Township of Bruce did enter into an agreement with
Ontario Hydro, dated December 2, 1987 and effective January 1,
1988, for the purpose of agreeing on methods to reduce the impact
of the Bruce Nuclear Power Development, on the Township of Bruce.
AND WHEREAS the
agreements between
provided
for
supplementary
said agreement
the parties.
AND WHEREAS the parties have agreed on certain other items.
NOW THEREFORE be it enacted by the council of the Township of
Bruce as follows:
1- The Corporation of the Township of Bruce enter into an
agreement with Ontario Hydro, known as "supplementary
agreement number 1" in the form attached as a schedule to
this by-law.
2.
That the Reeve and Clerk of the Township are
authorized to execute the agreement on behalf
Township and to affix the corporate seal as required.
hereby
of the
By-law introduced and read a First time this FOURTEENTH day of
NOVEMBER, 1989.
By-law read a Second time this FOURTEENTH day of NOVEMBER, 1989.
By-law read a Third time and finally passed, signed, sealed, and
nU~thl. FOURTEENTN da¿.::, :U.
CLERK REEVE
J
SEAL
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BRUCE NUCLEAR POWER DEVELOPMENT
SUPPLEMENTARY AGREEMENT 1
THIS AGREEMENT made in triplicate this 30th day of
1989.
November ,
BETWEEN:
Ontario Hydro
OF THE FIRST PART
AND:
The Corporation of the Township of Bruce
(hereinafter called the "Corporation")
OF THE SECOND PART
WHEREAS Ontario Hydro and the Corporation have entered into an
agreement dated December 2, 1987 and effective January 1, 1988
(hereinafter referred to as the "Agreement") with respect to
impacts arising from the operation of the Bruce Nuclear Power
Development (BNPD) on the Corporation; and
WHEREAS the Agreement pursuant to Section 6(iv), provides for the
entering into of supplementary agreements as the need arises and
as mutually agreed upon by the Liaison Committee, established
pursuant to Section 7(i) of the Agreement; and
WHEREAS Ontario Hydro and the Corporation are
entering into a supplementary agreement (hereinafter
as "Supplementary Agreement No.1"); and
desirous of
referred to
WHEREAS the Corporation on the FOURTEENTH day of NOVEMBER, 1989
passed By-law No. 89-33 authorizing the Corporation to enter
into a supplementary agreement for such purposes upon such terms
and conditions and the execution of Supplementary Agreement No.
1.
NOW
THEREFORE
THIS
WITNESSETH
that
for the
INDENTURE
considerations herein contained, the parties hereto covenant and
agree as follows:
1.0
Definitions:
(a) For the purpose of this agreement, the following
definitions shall apply:
(i) "Electrical connection" means the 44 kV line
connecting the Tiverton Sports Centre to the
local electrical distribution system.
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( i i )
"E-F Sideroad" means the sideroad separating
Lots E and F that connect County Road 15 with
Concession Road 4 in the Township of Bruce
(marked as a hatched line on the attached
Schedule "A").
.
(iii)
"Lake Range Road" means the emergency winter
route leading north from the BNPD site to
Port Elgin in the Township of Bruce and
Saugeen (marked as a dashed line on the
attached Schedule "A").
2.0
Soecific Provisions:
(a) Ontario Hydro agrees to include the Corporation in
the Community Impact Grant program beginning in
1989. The formula used to calculate this grant
will be the same as used to determine the amounts
funded to the other impacted municipalities in
Bruce County. This grant is in addition to any
other grants in lieu of taxes made by Ontario
Hydro to the Corporation.
(b) Ontario Hydro agrees to provide a Special Grant
payment to the Corporation for Inverhuron Park
beginning in 1989, as per present formula.
(c)
Ontario Hydro agrees
connection to the new
to provide the electrical
Tiverton Sports Centre.
(d) Ontario Hydro agrees to provide improved building
permit management. Building permit management and
the associated fees to be referred to the Liaison
Committee to establish procedures. The
Corporation will then enact the necessary by-law.
(e)
The Corporation agrees
$2000.00 per burn fee
fire training.
to drop their request for a
regarding Ontario Hydro's
-e
(f)
Ontario Hydro agrees to
with Bruce Construction's
Hydro agrees to dismantle
on a Corporation supplied
the Corporation. This will
provide the Corporation
old garage. Ontario
the garage and place it
vehicle at no cost to
be completed in 1990.
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(g) The Corporation agrees to drop their request for a
tipping fee for storage of low and medium level
radioactive waste from other Ontario Hydro
facilities unless Ontario Hydro, in the future,
sets a precedent by paying such tipping fees
elsewhere.
Ontario Hydro reserves the right
and medium level radioactive waste
facilities at the BNPD site.
of storing
from any of
low
its
(h) The Corporation and Ontario Hydro agree that the
Liaison Committee consider a partial re-direction
of monitoring funds for the purchase of lands and
the reconstruction of the municipal fire building.
All lands purchased must be used for locating the
fire building. The parties agree the total
funding from this source will not exceed
$50,000.00.
(i) Ontario Hydro agrees to provide future access, for
the community of Inverhuron to the Bruce Energy
Centre sewage treatment plant and outfall to a
maximum of l.5% of the plant's 1989 average design
capacity of 2200 cubic meters per day and 0.9% of
the outfall's 1989 peak design capacity of 12,557
cubic meters per day.
Such access is subject to:
1 )
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2) No capital expenditures or contributions
being required of Ontario Hydro.
3) The Township entering into a sewer use
agreement with Ontario Hydro.
On connecting the Corporation will pay its annual
share of the operating cost of the plant and
outfall, currently expected to be on a flow
proportional basis. The annual costs will include
the repayment of any outstanding capital as may
have been amortized from time to time.
No buy
township
in charge
under these
will be levied
conditions.
against the
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Nothing herein shall construe
accepts the responsibility or
provision of these services to
that Ontario Hydro
liability for the
the community.
.
(j) Ontario Hydro agrees to share 50% of the
Corporation's expenses, up to a maximum of
$200,000 ($lOO,OOO in 1990 and $lOO,OOO in 1991)
for upgrading the E-F Sideroad to county levels.
(k) Ontario Hydro agrees to pay 80% of the costs, up
to a maximum of $l10,000 per year for 5 years
beginning in 1990, for hardsurfacing the Lake
Range Road (i.e. Emergency Winter Route) from BNPD
to Port Elgin.
(1) The Corporation agrees not to request any more
road assistance from Ontario Hydro in the future,
unless there is substantial change in traffic
volume related to major new facilities at the BNPD
site.
(m) The Corporation and Ontario Hydro agree to extend
the Agreement to December 31, 1994.
(n) Upon execution of the Supplementary Agreement,
Ontario Hydro agrees to pay up to a maximum of
$5,000 for the reasonable and technical fees
incurred by the Corporation in completing this
Supplementary Agreement.
(0)
Supplementary Agreement
binding upon and enure
successors and assigns of
1 shall extend to, be
to the benefit of the
the parties hereto.
,
"'. ......
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IN WITNESS WHEREOF Ontario Hydro and the Corporation have caused
this Supplementary Agreement to be executed by the signatures of
their proper officers duly authorized in that behalf.
ONTARIO HYDRO
Per:
Vice-President
Production
THE CORPORATION OF THE
TOWNSHIP RUCE
Per:
Per:
~
Clerk
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LAKE
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MUNICIPAL ROAD SYSTEM WEST OF HIGHWAY 21
PORT ELGIN
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HURON
SAuGEEN TOWNSHP
BRUCE TOWNSHIP
CONC. RD. 12
CONe. RD. 10
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, X CONe. RD. B
CONC. RD. 6
CONe. RO. 4
CONC. RD. 2
BRUCE TOWNSHIP
KINCARDINE TOWNSHIP
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