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Home My WebLink AboutBRU 88 036 purchase water syste THE CORPORATION OF THE TOWNSHIP OF BRUCE BY-LAW NO. 88-36 BEING A BY-LAW to authorize the purchase of a water works system owned by a person within the municipality. WHEREAS Subsection 2(2) of the Public Utilities Act gives a municipal corporation the power to purchase the water works of any person situate within the municipality. NOW THEREFORE, the Council of the corporation of the Township of Bruce enact as a by-law as follows: 1. The letter of intent, dated October 20, 1988 and approved for execution by resolution of Council at a special meeting of the Council on October 20, 1988, and attached to this by- law as Schedule itA", be considered as an agreement of purchase and sale binding on the Corporation subject to the conditions precedent and all other matters as contained in the letter of intent. 2. The Clerk be and he is hereby authorized to engage a firm of solicitors for the purpose of completing the acquisition of the water system and to generally advise the Corporation from time to time as to all matters arising from the letter of intent. 3. The Clerk be and he is hereby authorized to engage the services of Maitland Engineering Services Ltd. to provide professional engineering assistance and report as required from time to time by the Ministry of the Environment. 4. The Clerk be and he is hereby authorized to retain the services of an Ontario Land Surveyor to complete all necessary surveys as may be required to complete the acquisition of the water system. 5. The Clerk be and he is hereby authorized to make application from time to time for grants and assistance from governmental agencies for the cost of the acquisition and/or the improvement and/or extension of the system. J THE CORPORATION OF THE TOWNSHIP OF BRUCE BY-LAW NO. 88-36 PAGE 2 6. The Clerk be and he is further authorized to prepare all necessary by-laws to define the area served by the water system in accordance with Subsection 2(3) of the Public Utilities Act of Ontario and to prepare, to assess, and to levy on the rateable property the costs of acquiring the water works and the cost of the maintenance and management thereof together with the cost of the water. By-law introduced and read a First time this SECOND day of NOVEMBER, 1988. By-law read a Second time this SECOND day of NOVEMBER, 1988. By-law read a Third time and finally passed, signed, sealed, and numbered 88-36 this SECOND day of NOVEMBER, 1988. CLERK ke, JI ~ REE ~ - - , ~ _, ..www. -' -......,.,.-".~~:. ~- "", - f :"S~»-, ª ;;: ..........^- .:"'.- /' ;- '- '~v ·v· ~-.~ - ~:,"" ..:..- .........-.. -- -.~~ --.-:~-;·¥.w_.~__- .... ~.: -- THE CORPORATION OF THE TOWNSHIP OF BRUCE BY-LAW NO. 88-36 (SCHEDULE "A") PAGE 3 ..-----.-- THIS IS SCHEDULE "A" TO BY-LAW RUHBER OF THE CORPORATION OF THE TOWNSHIP OF BRUCE LETTER OF INTENT LAWRENCE ZEPF (Vendor) intends to sell and THE CORPORATION OF THE TOWNSHIP OF BRUCE (Purchaser) intends to purchase land, building and all works known as the water supply and distribution system in and around the subdivision known as Zepf Pine Acres in the Township of Bruce, in the County of Bruce and sometimes known as Scott's Point. The transaction shall be completed upon the following terms and be subject to the conditions herein provided. 1. PURCHASE PRICE The total purchase price shall be THIRTY-TWO THOUSAND AND FIVE HUNDRED ($32,500.00) DOLLARS. 2. PAYMENT OF PURCHASE The total purchase price shall be paid on the date of closing as hereinafter provided. 3. PROPERTY TO BE PURCHASED (a) LAND the land to be purchased is part of Lot 23, PLan 790, in the Township of Bruce and more particularly a portion off the Southeast corner having a width of 16 feet by a depth of 30 feet as shown on the attached sketch of part of Lot 23, Plan 790 marked in red and which sketch is Schedule "A" to this letter of intent; together with an easement in and to lands immediate ly adjoining the parce I having a width of 12 feet and a depth of 30 feet and marked in green on Schedule "A". The easement is to be defined in conveyancing documents to be in perpetuity for the purpose of ingress and egress of the Corporation, its servants, agents, of ficers, emp loyees, workmen, and independant contractors. together with such vehic les. èquipment, and machinery necessary for the upkeep, maintenance, repair, replacement or otherwise of the buildings and works comprising any part of the water distribution system. The easement shall provide that no permanent structures shall be placed upon the easement and the Corporation shall repair and return as is possible the surface components to the original condition of the easement if damaged by use of the Corporation. .. .2 -------------.-..- ". THE CORPORATION OF THE TOWNSHIP OF BRUCE BY-LAW NO. 88-36 (SCHEDULE "A") PAGE 4 _m..~__ --~--- - 2 - (b) WORKS The works being purchased shall include all of the equipment and plant of the water distribution system and without limiting the generality of the foregoing include all pumps, casings, well structures, pipes, fittings, valves, filters. drawings, engineering data, warranties, and guarantees relating to the equipment and the plant and customer records. 4. CONDITIONS PRECEDENT (a) The Corporation shall be satisfied that the acquisition conforms to the policies of the Official Plan and Zoning By-law of the Township of Bruce; (b) The Corporation shall be satisfied that the acquisition has the approval of the Minister of the Environment and complies with all regulatory requirements as provided by Provinc ia 1 statutes and regulations; (c) The Corporation shall be satisfied that the funding of the acquisition is duly authorized and within the authority of the present council and all resolutions and By-laws be passed and enacted; (d) The Corporation shall be satisfied that the Vendor has the right to convey his interest in the lands and that it shalL acquire a good and valid title to the whole of the subject matter of the purchase; (e) Compliance with The Family Law Act, 1986. 5. CLOSING DATE The transaction shall be completed on or before the 31st day of December, 1988, provided that in the event the Purchaser requires time to obtain any governmental or statutory approval, the time for closing shall be extended from month to month but not past May 30, 1989. .. .3 THE CORPORATION OF THE TOWNSHIP BY-LAW NO. 88-36 (SCHEDULE "A") PAGE 5 OF BRUCE -- .--.-- - -..-." '-'-'--~-----~--- . . . - 3 - 6. COSTS OF COMPLETION Each party shall bear its own legal expenses and the Purchaser shall be responsible for. all survey costs. 7. WAIVER OF CONDITIONS PRECEDENT All conditions. precedent are included for the benefit of the Purchaser and the Purchaser may waive anyone or more of such conditions precedent and a waiver shall be deemed to be satisfaction of such condition precedent to purchase. DATED: , 1988. \ Lawrence Zepf DATED: , 1988. THE CORPORATION OF THE TOWNSHIP OF BRUCE PER: Reeve PER: Clerk THE CORPORATION OF THE TOWNSHIP OF BRUCE BY-LAW NO. 88-36 (SCHEDULE "A") PAGE 6 . " ! ~ ~ '-' .", ...... w U 2 ~ o -i -i .q: ..-' - . Ii -- .--:- ~ .C' 9::-~ X:-0 C::i ., .. fe' .1cJ ;;- "~ø ßItJ¿· ~ o ' ... 0""' oV) ~ .. '" <:> .'" It) ct:I :r <' "., ~ , Q 6 Q: ....... ~./ <b'/ -'- / -~.,." <r'. '~ .'/.,." ",'" /.,0 .,. .. ., ~ ." ...... ...~...' /ò . '~ '" " ~..". <0 . "- 0:' . , .( .. 00 co' <0 ,''11 , '!>o 6,0 6,~ 0'. ~'ð ..i Q \".. , r...00 ~'O. ----.- '\ - , SCHEDULE "A" TO LETTER OF INTENT WRENCE ZEPí~ 1-: GIS ï 1-: R 1:: 1.) 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