HomeMy WebLinkAboutBRU 87 034 agree Ont Hydro
THE CORPORATION OF THE TOWNSHIP OF BRUCE
BY-LAW NO. 87-34
BEING A BY-LAW to authorize the entering into an agreement
between the Corporation and Ontario Hydro for financial impact
assistance, monitoring, land use and road maintenance in the
Township.
NOW THEREFORE the Council of the Corporation of the Township of
Bruce enacts as follows:
1. That the Corporation do enter into the agreement
with Ontario Hydro which forms part of this by-law
and a copy of which is hereto attached.
2. That the Reeve and Clerk of the Corporation are
hereby authorized to execute the said agreement on
behalf of the Corporation by their signatures and
the affixing of the Corporate Seal of the
Corporation thereto and to deliver the agreement
so executed to Ontario Hydro, provided that the
Corporation shall receive back one counterpart
executed by the said Ontario Hydro.
By-law introduced and read a First time this SECOND day of
DECEMBER, 1987.
By-law read a Second time this SECOND day of DECEMBER, 1987.
By-law read a Third time and finally passed, signed, sealed, and
numbered 87-34 this SECOND day of DECEMBER, 1987.
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DATED
ONTARIO HYDRO
- and -
THE CORPORATION OF THE
TOWNSHIP OF BRUCE
A G R E E MEN T
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B.T. ORIO.
THIS AGREEMENT made in duplicate this SECOND day of DECEMBER,
1987, but effective the FIRST day of JANUARY 1988.
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 operates or may operate nuclear generating
stations, heavy water plants, bulk steam supply systems and
support facilities and may
wish
to
construct additional
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facilities from
time to time at the Bruce Nuclear Power
Development (BNPD>, in the Township of Bruce, in the County of
Bruce;
WHEREAS Ontario Hydro does not intend that the Corporation incur
financial hardship as a result of the presence of the Bruce
Nuclear Power Development;
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WHEREAS because of the amount of assessment attributable to the
Bruce Nuclear Power Development Site, the 50 percent limitation
specified in Section 46(6) of The Power Corporation Act, R.S.O.
1980,
as amended has applied since 1974 and is expected to
continue;
WHEREAS since 1974 Ontario Hydro has acquired property up to five
miles from the said site to ensure that no landowner suffer
financial loss due to the Restricted Development Area policy in
the Official Plan applying to the Corporation, which relates to
regulatory requirements associated with facilities at the BNPD
site;
WHEREAS Ontario Hydro Wishes to purchase and retain ownership of
all properties within the 1-2 mile zone;
WHEREAS properties within the 2-5 mile zone will be treated
according to policy adopted by Ontario Hydro from time to time;
WHEREAS the Corporation suffers a loss in assessment and revenue
consequent on the purchase ox these lands in the 1-2 and the 2-5
mile zones;
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WHEREAS Ontario Hydro wishes to ensure the safe transport of BNPD
employees during winter storm conditions;
WHEREAS industrial development may occur within the boundaries of
the Corporation utilizing BNPD generated energy and necessitating
the development of other facilities such as roads and utilities;
WHEREAS the County of Bruce wishes to prepare planning
instruments to review and regulate changes associated with this
potential industrial growth in The Corporation;
WHEREAS the Corporation wishes to participate in a significant
way in the preparation of such planning instruments, including an
industrial development strategy, amendments to the Official Plan
applying to the Corporation and the Restricted Area By-law of the
Corporation;
WHEREAS Ontario Hydro wishes to participate with the Corporation
in addressing concerns associated with the future effects of the
Bruce Nuclear Power Development;
WHEREAS the parties have agreed to enter into an agreement
SUbJect to the terms and conditions hereinafter appearing; and
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WHEREAS the Corporation on the SECOND day of DECEMBER, 1987,
passed By-law No. '87-34 authorizing the Corporation to enter into
an agreement for such purposes upon such terms and conditions and
the execution of the Agreement by the Corporation.
(1) Definitions
NOW
THEREFORE
THIS
INDENTURE
WITNESSETH
that
for the
considerations herein contained, the parties hereto covenant and
agree as follows:
(1) 1.
For the
purpose of
the Agreement the following
definitions shall apply:
(a) 0-1 mile zone means the land area between Lake Huron
and the Boundary line marked in red on Schedule "A"
attached hereto and forming a part of this Agreement.
(b) 1-2 mile zone means the land area between the boundary
line in red and the boundary line in green on Schedule
"A" , but does not include any land on which Ontario
Hydro erects any bUildings or works as defined in The
Power Corporation Act.
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(c) 2-5 mile zone means the land area between the boundary
line in green on Schedule "A" and the boundary line in
yellow but does not include any land on which Ontario
Hydro erects any building or works as defined in The
Power Corporation Act.
<d) Year means a calendar year.
(e) "emergency winter routes" means the roads leading north
from the site towards Port Elgin and south along Albert
Street between Concession Road 2 and County Road 15 in
Bruce Township as marked on Schedule "8" attached
hereto.
(2) Municipal Revenue
i) Ontario Hydro agrees to pay annually Special Grants on
the lands owned by it in the 1-2 mile and 2-5 mile
zones based on the valuations established under Section
46 of The Power Corporation Act, H.s.a. 1980 for such
lands in the year calculated according to Section 46
but exclUding the 50 percent limitation in Subsection 6
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of Section
46,
based
on the sum total of the
Corporation's mill rate for all purposes.
These
Special Grants shall be considered to be over and above
the payment made annually to the
Corporation in
accordance with Section 46 of The Power Corporation
Act.
(2) ii)
Annual payments have been made by residents to the
Corporation in respect of
a marine road allowance
located near the western end of the 6th Concession.
Such payments will cease upon Ontario Hydro's purchase
of the buildings and removal.
(3) Monitorino and Studies
(3) i)
The Corporation agrees to participate with Ontario
Hydro in
the establishment and implementation of
monitoring and study programs related to roads, land
use, and any other matters that are agreed to be of
mutual interest.
Ontario Hydro agrees to pay the costs related to the
monitoring
and
study
programs to a maximum of
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$130,000.00 over the duration of this Agreement. If
impacts associated with BNPD are identified by the
monitoring and study programs and compensation is
recommended by the Liaison Committee established under
Section (7), a method of compensation shall be devised.
(4) Scecial Consideration for Certain 50ecified Roads
(4) i)
Ontario Hydro shall assume the responsibility for the
cost of maintenance of the roads marked in blue on
Schedule "A" attached hereto and forming part of this
Agreement (Concession Roads 2 and 4,
and the BNPD Tie
Road).
Ontario Hydro shall at its own expense perform
all normal maintenance and repairs to the roads, and
without limiting the generality of the foregoing such
maintenance and repairs will include crack and pothole
repair,
patching,
shoulder
maintenance,
salting,
sanding,
snow
removal,
line
painting,
ditch
maintenance,
guardrail
and sign maintenance.
In
addition to the foregoing during the winter months
only, Ontario Hydro shall at its OWn expense perform
salting, sanding, and snow removal activities of Albert
Street in the Townplot of Inverhuron from Concession
Road 2 to County Road 15.
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If for any reason Ontario Hydro does not do such
maintenance or repairs on the roads,
the Corporation
may do such work at Hydro's expense, after consultation
with the Liaison Committee as to the extent of any work
program of maintenance and repairs.
(4) ii) Emergency situations may arise during the winter months
where the emergency winter routes must be plowed,
sanded and salted before BNPD employees can use them.
The shift supervisor of BNPD Service Department shall
make every effort to contact the Corporation's Road
Superintendent to ascertain the condition of the winter
route.
He shall also ascertain whether the Corporation
will be able to respond to the needs of plowing,
sanding, and salting.
If the Corporation's Road Superintendent cannot be
contacted, the shift supervisor may dispatch the BNPD
operations equipment to clear the emergency winter
routes for use by the BNPD employees.
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The Road Superintendent shall be advised as soon as
possible of the operations being carried out.
(4) iii) Ontario Hydro does hereby assume all liability and
obligation for any and all loss,
damage or injury to
property or persons arising or occurring by reason of
Ontario Hydro carrying out the right granted to it by
the Corporation pursuant to Section 4(ii) to snow plow,
sand or salt the emergency winter routes pursuant to
this agreement.
(4) iv) In consideration of the foregoing, if maintenance other
than salting,
sanding and snow removal of the subject
roads become excessively expensive,
due to Ontario
Hydro and non-Ontario Hydro traffic, Ontario Hydro and
the Corporation agree to discuss a method of monitoring
the usage and a determination of cost.
(5) Municipal Authority and R&aulation
(5) i)
The Corporation
will provide building permits to
Ontario Hydro at the rate specified in the current by-
law pertaining to buildings, as defined in the Ontario
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Building Code Act.
Ontario Hydro agrees to make application for building
permits prior to starting construction activities, and
make payments for such permits as specified in the
appropriate Municipal by-law.
(5) ii) Ontario Hydro agrees to refer to the Liaison Committee,
when appropriate,
the uses and provisions of the
applicable zoning
category regarding any proposed
development in the 1-2 mile zone.
(5) iii) Ontario Hydro recognizes the potential for industrial
development in the vicinity of the BNPD site.
In the
event that Ontario Hydro leases some of its lands for
non-Hydro
industrial
or
commercial
use,
it is
recognized that such tenants of lands owned by Ontario
Hydro should be liable for municipal taxes.
Ontario
Hydro therefore agrees that any agreement with third
parties with respect to occupancy of land and/or
buildings used for industrial purposes or other uses
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will provide that such third party shall, if liable
therefore, pay realty and business taxes.
If such
tenants are not liable for realty tax, Ontario Hydro,
if liable therefore,
agrees to make
payments as
provided for under Section 46 of the Power Corporation
Act on the land excluding the payment of business tax
as provided for under the same section over and above
the 50Y. limitation on payments for the Ontario Hydro
facilities.
In the event of such non-Hydro industrial
or other developments, Ontario Hydro also agrees that
the Corporation shall collect business taxes directly
from the tenant.
(6) Oth.r Provision.
(6) i)
Ontario Hydro agrees to participate in the review of
the water supply
and
treatment
servicing needs
associated with residential development at Inverhuron
and Zepf's Subdivision.
The Corporation agrees to
involve the Ministry of the Environment and the County
of Bruce in this review.
The findings of this review
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shall be referred to the Liaison Committee.
Nothing
herein shall construe that Ontario Hydro accepts the
responsibility or liability for the provision of these
services to these residential developments.
(6) ii) The Corporation and Ontario Hydro agree that industrial
and other compatible USes in the 1-2 mile zone may be
acceptable subject to the provisions of the industrial
development strategy,
official plan and zoning by-law
applying to the Corporation.
(6) lli) Upon execution of this Agreement, Ontario Hydro agrees
to pay up to a maximum of $30,000 for the reasonable
legal and technical fees incurred by the Corporation in
completing this Agreement.
(6) iv)
Other supplementary agreements within which measures of
compensation will be determined may be undertaken as
the need arises and as mutually agreed upon by the
Liaison Committee, as established in Section 7 of this
Agreement.
(6) v)
The Corporation retains the right to deal with Ontario
Hydro external to this agreement.
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(7)
Liaison Committee
(7) i)
A Liaison Committee shall be established.
Each party
shall nominate two members and alternates to act on
their behalf.
Decisions and recommendations of the
Liaison Committee shall be unanimous and shall be
binding on both parties to this Agreement.
Failure of
the Liaison Committee to
agree shall
result in
Arbitration as provided for in Section 8 of this
Agreement.
(7) ii) Current and future effects are to be considered within
the context of the overall monitoring program through
representations at the Liaison Committee specifically
established to address matters of mutual interest to
meet on a regular
basis predetermined
by Joint
agree men t.
The role of this committee will include
initiation and receiving of reports,
the review of
staffing requirements, the compensation for impacts as
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determined by the monitoring and study programs, and
generally to act as the forum for discussion and
resolution of matters of mutual interest.
(7) iii) Ontario Hydro agrees that the Corporation may, at any
time, submit a claim to the Liaison Committee for any
item of compensation not specifically identified in
this Agreement,
but for which Ontario
Hydro has
obligated itself under this Agreement.
Once such
claims have been unanimously agreed to by the Liaison
Committee, they are to be submitted to the Operations
Manager, BNPD.
(8 )
Arbitration
(8 )
i)
Ontario Hydro and the Corporation agree that should any
differences arise in connection with the interpretation
or
application
of
this Agreement,
or with the
achievement of supplementary agreements referred to
herein, such issues shall be submitted lo a Board of
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Arbitration, and the award of such Board of Arbitration
shall be Iinal and binding on Ontario Hydro and the
Corporation~ and not subJect to any appeal.
(8) 11) Ontario Hydro and the Corporation (for the purposes OI
this paragraph, referred to as the parties) agree that
any arbitration
as provided
Ior above shall be
constituted and established as follows:
(a) Either party may at any time serve on the other
party a
notice requiring an arbitration and
specifying the relieI claimed and the grounds Ior
claiming such relief;
(b) Within seven clear days of the service of such
notice, each party shall appoint a member to a
board to
be constituted in respect of such
arbitration;
(c) The members so appointed shall, within seven clear
days from the aforementioned seven day period,
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appoint a chairman of the Board of Arbitration:
(d) The provisions of The Arbitrations Act, R.S.O.
1980,
Chapter
25,
and
amendments thereto,
Schedules "A" and regulations thereto shall apply
mutatis mutandis, be part of this procedure;
(e) The Board of Arbitration shall hear the matters in
dispute, and make their award in writing, within
three months after
the
appointment
of the
chairman,
and may not enlarge this time period
without the consent in writing of both parties.
(8) iil) Should Ontario Hydro deny, in whole or in part, any
claim submitted to the Liaison Committee,
or fail to
respond to such claim within a period of 90 days, the
Corporation may
submit the claim to a Board of
Arbitration as provided above.
(9 )
Term of Aareement
(9 )
i)
This Agreement shall terminate on December 31, 1992.
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Prior to termination,
Ontario Hydro will review with
the Corporation the question OI future application of
all payments
to the Corporation related to this
Agreement and events that could lead to the extension
of this Agreement or a new agreement.
(9) ii)
This Agreement may be terminated at the end of any year
by Ontario Hydro on 60 days prior written notice if
Section 46 of The Power Corporation Act is amended or
repealed.
Should Section 46 of The Power Corporation
Act be amended or repealed and Ontario Hydro terminates
this Agreement, Ontario Hydro and the Corporation agree
to negotiate a new agreement for the balance OI the
time to December 31,
1992.
In the event that the
parties fail to reach an agreement within 120 days of
the end OI the year of termination, any matters not
settled shall be referred to arbitration pursuant to
the provisions of Section 8 of this Agreement. The
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parties agree that this Section and Section 8 survive
the termination OI this Agreement.
This Agreement shall extend to,
be binding upon and
enure to the benefit of the successors and assigns of
the parties hereto.
IN WITNESS WHEREOF Ontario Hydro and the Corporation have caused
this agreement to be executed by the affixing of their Corporate
Seals attested by the signatures of their proper officers duly
authorized in that behalf.
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Ontario HYdro
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THE CORPORATION OF T~_E -:-TOWNSHIP OF BRUCE
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SCHEDULE
MUNICIPAL ROAD Sm-EM
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HIGHWAY 21
PORT ELGIN
LAKE HURON
SAUGEEN TOWNSHP
BRUCE TOWNSHIP
CONe. RD. 12
CONC. RD. 10
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CONe. RD. 8
CONe. RD. 6
CONe. RD. 4
eONC. RD. 2
BRUCE TOIINSHIP
KINCARDINE TOIINSHIP
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