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The Corporation of the TOWNSHIP OF KINCARDINE
By-Law No. 83-07
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A BY-LAW 'ID AUTHORIZE THE REEVE AND CLERK 'ID
EXECUTE AN AGREEMENT WITH HER MMESTY THE QUEEN,
IN RIGHT OF THE PROVINCE OF ONTARIO, AS REPRESENTED
BY THE MINlS'l'ER OF THE ENVIRONMENT.
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WHEREAS it is deemed expedient and desirable to enter into
an Agreement w:i:th The Ministry of the Environment pursuant to
Clause (j) of Section 3 of the Environmental Protection Act,1971. ..----
NCM THEREFORE THE COUNCIL OF THE CX>RPORATION OF THE 'IaIlNSHIP
OF KINCARDINE ENACTS AS FOLLCMS:
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1. The Reeve and Clerk are hereby al\thorized and direct:eq to
execute, and the 'Ibwnship Cl~to affix the Corporate Seal to,
on behalf of the Corporation, Agreement between Her Majesty
the Queen, in Right of the Provi ce of Ontario, as ¡;-epresented
by the Minister of the Environm t and the Corporation of the
TCMNSHIP OF KINCARDINE, dated the 17th. day of Februa¡:y, 1983
upon and subject to the terms thereiI). stated; a copy of such
Agreement being hereto attached and marked as Schedule "A" to
this By-Law.
2. This By-law shall ccme into full force and effect upon the
final passing thereof.
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Read a first time this 17th. day of Februa¡:y 1983
Read a second and third times and finally passed this 17th day
of February, 1983.
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Reeve
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Clerk J9LhJ~L /J ~ÞJ~.h
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FEB 181.
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Ministry
of the
Environment
Southwestern
Region
....Of "~~ÜP"'Ìf
Owen Sound District Office
1180-20th Street East
P.O. Box 967
Owen Sound, Ontario
N4K SH6
(519) 371-2901
February 17, 1983.
Mrs. M. P. Eskrick,
Clerk-Treasurer,
Township of Kincardine,
R. R. II 5,
Box 14,
Kincardine, Ontario.
NOG 2GO
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Dear Mrs. Eskrick:
Re: Township of Kincardine
Waste Management Site Improvement Fund FlY 82-83
Attached you will find three copies of the above
noted contract for the Township of Kincardine. All
three copies of the contract should be completed as
follows:
(1) The appropriate signature on page 5 should
be obtained.
(2) The corporate seal should also be on page 5.
(3) A by-law should be passed covering the work
outlined in the contract. The by-law number
should be listed on the first page of the
said contract.
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All three copies should be returned to this office
as soon as ~ossible. Once the Minister's signature has
been obtained on the contracts, a copy will be forwarded
to your attention.
Please note as specified on Schedule "A" of the
contract, the last date for submitting accounts to the
Crown for Payment is March 15, 1983. Our Mr. Bye will
be contacting you the week of March 7, 1983 to finalize
submissions so as to ensure prompt payment of the
municipality's allotment as specified in the contract.
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Mrs. M. Eskrick
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February 17, 1983
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If you have any questions, please do not hesitate
to contact our P. Bye at any time.
Yours very truly,
PBlsg
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~ W. Page, P. Eng.,
tI 'District Officer,
Municipal & Private Abatement,
Southwestern Region.
Attch.
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BY-LAW NO. of
THE CORPORATION OF THE TOWNSHIP OF
A BY-LAW TO AUTHORIZE THE REEVE AND CLERK
TO EXECUTE AN AGREEMENT WITH HER MAJESTY
THE QUEEN, IN RIGHT OF THE PROVINCE OF
ONTARIO, AS REPRESENTED BY THE MINISTER
OF THE ENVIRONMENT.
WHEREAS it is deemed expedient and desirable to
ente¡;- into an Agreement with The Ministry of the Environment
pursuant to Clause (j) of section 3 of the Environmental
Protection Act, 1971.
NOW THEREFORE THE COUNCIL OF THE CORPORATION OF
THE TOWNSHIP OF ENACTS AS FOLLOWS:
1. The Reeve and Clerk are hereby authorized and
directed to execute, and the Township Clerk to affix the
.Corporate Seal to, on behalf of the Corporation, an
Agreement between Her Majesty the Queen, in Right of the
Province of Ontario, as represented by the Minister of the
Environment and the Corporation of the Township of
, dated the day of
upon and subject to the terms therein stated; a
such Agreement being hereto attached and marked
"An to this By-law.
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copy or-
as Schedule
2. This By-law shall come into full torce and
effect upon the final passing thereof.
Read a first time this
day of
19 . .
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Read a second and.third times and finally passed this
day of 19.
Reeve
Clerk
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THIS INDENTURE made as of the
, 19 f~.
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day of..:ß~7
BE'lWEEN:
HER MAJESTY THE QUEEN IN RIGHT OF
ONTARIO AS REPRESENTED BY THE
MINISTER OF THE ENVIRONMENT
(herein referred to as the "Crown")
OF THE FIRST PART
-and-
THE CORPORATION OF THE TOWNSHIP OF
KINCARDINE
(herein referred to as the
"Municipal i ty")
OF THE SECOND PART
WHEREAS the Crown wishes to enter into an agreement
with the Municipality to provide for the protection
and conservation of the natural environment by the
carrying out of the work described in schedule "A":
and
WHEREAS the Municipality is prepared to carry out
or administer the performance of such work; and
WHEREAS the Council of the Municipality on the /7Af
day ofd~ 19J?3 , passed By-Law No. ~!Jo"
authorizing thJ'MuniciPality to enter into this
agreement.
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THE PARTIES AGREE PURSUANT TO CLAUSE (j) OF SECTION
3 OF THE ENVIRONMENTAL PROTECTION ACT, 1971:
Subject to the terms of this agreement, the Crown
will pay the Municipality the amount specified in
Schedule "An.
2. The Crown shall only be liable to make payments to
the Municipality with respect to amounts for which
a written account has been received by the Crown
prior to the date specified in Schedule "A", or
such later date as the Crown approves in writing.
Accounts may be submitted periodically but not more
frequently than monthly.
3. The Crown shall not be liable to pay more than
the total of the amount specified as maximum
amounts payable in Schedule "A".
4. The Crown shall not be liable to make any
5.
payments hereunder except with respect to work
completed in a good and workmanlike manner and
in accordance with Schedule nA".
The Crown shall have the right to audit any
books and records of the Municipality or any
contractor or agent of the Municipality in
connection with amounts claimed hereunder
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and may require such further information,
records or material as the Crown deems
requisite before making any payment to the
Municipality.
The Municipality, upon the request of the
Crown, will make available to the Crown all
information and records it receives in connec-
tion with the work done hereunder.
Any limits imposed by this contract on:
(a) the area this contract relates t~,
(b) the time within which any matter may
be done, and
(c) any amount of money which the Crown
may provide for any purpose herein,
may be extended by letter from the Director of
the Waste Management Branch of the Ministry of
the Environment.
Where it appears that the Municipality is unlikely
to expend all of the money which the Crown is
liable to pay for the purposes set forth in Schedule
"A", the Director of the Waste Management Branch of
the Ministry of the Environment, at the request of
the Municipality contained in a resolution or by-law,
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may reduce the amount of money which the Crown is
liable to pay.
Where the work described in Schedule "A" is to
be done using equipment hired or purchased for the
purpose of this contract or using agents or contractors,
other than employees of the Municipality, the
Municipality shall obtain the approval of the Director
of the Waste Management Branch of the Ministry of the
Environment as to the method of obtaining such equipment
and engaging such contractors or agents to ensure that
fair prices are paid for any equipment or services
obtained.
10. The Municipality will submit reports to the Crown
containing such information as the Crown may reason-
ably require with respect to the work completed here-
under from time to time and the work remaining to be
done, if any.
11.
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Any certificates, approvals, licences or
consents that may be required in respect to the
work carried out hereunder by the Municipality
will be obtained by the Municipality at its
own expense prior to commencement of the work.
12. The Crown shall have the right to inspect the
work described in Schedule "A" and carried out
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hereunder to ensure that the work is being carried
out in a good and workmanlike manner.
The Municipality, its agents, contractors and
subcontractors and all workmen and persons
employed by them or under their control shall
use due care that no person or property is injured
and that no rights are infringed upon in the execution
of the work. The Municipality shall be solely
responsible for all damages by whomsoever claimable
in respect of any injury, including death, to
persons or property of whatever description occa-
sioned in the carrying on of the work or any part
thereof, or by any negligence, misfeasance or non-
feasance on the part of the Municipality, or on
the part of any of its, agents, contractors and
subcontractors and any workmen or persons employed
by them or under their control. The Municipality
shall indemnify and save harmless the Crown from
and against all claims, demands, loss, costs,
damages, actions, suits or other proceedings by
whomsoever made, brought or prosecuted in any
manner based upon, occasioned by or attributable
to any such damage, injury or infringement.
Where the Director of the Waste Management Branch
of the Ministry of the Environment has any power
or duty under any provision of this contract such
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person as the Director or the Minister of the
Environment designates in writing may act in the
Director's place with respect to such matters as
are set forth in the designation and subject to
any terms or conditions contained in the designation.
15. This agreement is subject to such additional
terms and conditions as may be set forth in the
schedule.
IN WITNESS WHEREOF the parties hereto
have duly executed this agreement.
HER MAJESTY THE QUEEN IN RIGHT
OF ONTARIO AS REPRESENTED BY THE
MINISTER OF THE ENVIRONMENT.
Ml
THE CORPORATION OF THE
TOWNSHIP OF KINCARDINE
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Per:
Reeve
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SCHEDULE "A"
1'7$-
day Of~
IN RIGHT OF ONTARIO
to an agreement made as to the
19 ~ , between HER MAJESTY THE QUEEN
AS REPRESENTED BY THE MINISTER OF THE ENVIRONMENT AND
THE CORPORATION OF THE
TOWNSHIP OF KINCARDINE
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COMPLETION DATE:
LAST DATE FOR SUBMITTING ACCOUNTS
TO THE CROWN FOR PAYMENT: rl~ If.''t ~3
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WORK PROJECT
REQUIREMENT CATEGORY
A-l Site Closure B Special Studies
A-2 Site Upgrading C Debris Cleanup
0 Other (Specify)
NAME
Townsh ip of
Kincardine
Pt. Lot 15,
Con. 5.
REQ. DESCRIPTION OF WORK, ESTIMATED
CAT. TOTAL COST PAYABLE & PERCENTAGE
MAXIMUM
AMOUNT
PAYABLE
A-2
Works required to satisfy the
requirements of Regulation 309
$2,000.00
75%