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Home My WebLink AboutTIV 91 043 Agree Sewage Treat. - ,~--. c¡ ,-"",," "'-~ ~-~ THE CORPORATION OF THE TOW N S HIP o F KIN CAR DIN E BY-LAW NUMBER 1991-43 Being a By-Law to enter into an agreement with the Village of Tiverton for the use of the forcemain belonging to Tiverton to carry sewage to a Sewage Treatment Plant belonging to Ontario Hydro under the provisions of the Municipal Act R.S.O 1980 Chapter 302, Section 208(4). 1. That the agreement with the Village of Tiverton attached hereto, be and the same is hereby approved. 2. That the Reev~ and Clerk are hereby authorized to execute under seal the said agreement. READ A FIRST, SECOND TIME THIS 16th day of December, 1991. 'Þ.fM,,~~;dJ 'C1 rk-Treasu ¥1t4 Reeve READ A THIRD TIME AND FINALLY PASSED SIGNED AND SEALED THIS day of December, 1991. ?fk1/j~u:h tC1 k-Treasur ¥4Lr Reeve --- -~ ---- . . )" TOWNSHIP OF KINCARDINE OFFICE OF THE CLERK. TREASURER TEL: 519-396-8100 FAX: 519-395-&132 November 18, 1991 Village of Tiverton Box 130 Tiverton, Ontario NOG 2TO Dear Jean: Re: Forcemain Agreement between the Village of Tiverton and the Townshic of Kincardine I am pleased to return to you at this time, one fully executed copy of the subject Agreement and a copy of our Municipal By-Law 1991-43 dated December 16, 1991. Thank you for your continued cooperation in this matter. Best wishes for the Holiday Season. TOWNSHIP OF KINCARDINE M iel P. Esk ck lerk-Treasurer MPE:cr Enclosures cc - Brad Pryde, Paragon Engineering \ "" MURIEL p" ESKRICK BOX 14 R.R. 5, KINCARDINE, ONT. N2Z 2><6 J. , THIS AGREBMBIIT made, day of 1)/HJo.P/7Y1 h.u) in quadruplicate, this , 19R· 19th ~ BET WEE N: "- . I I ! . THE CORPORATION OF THE VILLAGE OF TIVERTON, hereinafter called -Tiverton- OF THE FIRST PART - and - THE CORPORATION OF THE TOWNSHIP OF KINCARDINE, hereinafter called the -Township- OF THE SECOND PART WHEREAS it is expedient to allow the Township to use a forcemain belonging to Tiverton to carry sewage to a Sewage Treatment Plant belonging to Ontario Hydro~ NOW THEREFORE the parties hereto mutually covenant and agree as fóllows: 1. Tiverton"or its agent will operate and maintain the forcemain constructed under Certificate of Approval No. 3-2418-89-906. 2. (1) In consideration of Tiverton's responsibility under Section 1, the Township shall pay to Tiverton the Township share of the capital costs as set out in Schedule -A- attached to this Agreement. , -~- - 2 - 2. (2) In recognition that the Township is reserving capacity in the forcemain for their use, the Township shall pay this amount to Tiverton on the date the Township first delivers sewage to the forcemain, or 30 days after the date of an invoice delivered by Tiverton, whichever is sooner. Any delay in making payment will result in the amount of the payment attracting a monthly interest charge of 1/12 of an annual rate 2% higher than the Bank of Montreal (Canada) prime rate from the date payment was due until the date payment is made. "- ''-. . 3. The Township will not be responsible for any additional capital costs arising from subsequent expansion or alteration of the forcemain by Tiverton to accommodate requirements of Tiverton. 4. The Township will be responsible for any additional portion of the capital cost arising from subsequent expansion or alteration of the forcemain to accommodate flows in excess of those stated in Schedule A. The capital charge shall be determined by Tiverton and approved by the Township. 5. (1) with respect Tiverton has intersection (2) The Township until it has to receiving sewage from the Township, provided a point of connection at the of Albert street and County Road 15. is not permitted to connect to the forcemain o~tained all required Statutory approvals. . (3) The Township will be responsible for constructing the ~ecessary facilities to pump its sewage to the forcemain and will be further responsible for providing the facilities required to adapt its system to Tiverton's pressurized system. V· . . 6. - 3 - (4) The Township will be responsible for providing, at a mutually acceptable location, a flow meter to record quantity and any automatic sampling equipment as may be necessary to monitor the quality of its sewage. The Township shall pay to Tiverton in each year during the term of this Agreement, commencing with the year in which Tiverton delivers sewage to the forcemain, the following sums: (a) Its proportion of the total cost to Tiverton, in each such year, of the operation, supervision, maintenance, repairs, administration (including contributions to reserve account) and insurance of the forcemain as determined by Tiverton. It is agreed that any fines or penalties imposed under any provincial or Federal legislation shall not be deemed to be part of maintenance costs and said fines/penalties shall be borne exclusively by the party directed to pay the same by an competent Court of Law, unless that Party is able to establish that the fine or penalty was imposed as a result of the fault of the other Party, in which case, the other Party shall reimburse the Party paying the fine or penalty. It is also agreed that, for purposes of this agreement, operating costs will not include the costs of sewage treatment. (b) For the purposes of this agreement, the operating costs of the forceaain will be derived as follows: the capital cost of the forcemain section along Albert street, between the intersection of còunty Road No. 15 and Albert Street and the Ontario HYdro Sewage Treatment Plot, divided by the total capital cost of the Tiverton Sanitary Sewage project (exclusive of any payJlents _de to Ontario Hydro for sewage treatment capacity), multiplied by the annual operating cost of the Tiverton Sanitary Sewage System (exclusive of any costs for treatment of sewage by Ontario Hydro). · . · · , ~,. 7. - 4 - (c) Subject to the prov~s~ons of Subsection (d) of this section, the proportion of the operating costs for the forcemain which are to be paid by the Township shall be the same proportion that the annual sewage flow from the Township is to the total annual sewage flow carried by the forcemain from all sources. (d) Under the terms of another agreement (Village of Tiverton and Ontario Hydro, dated July 10, 1990), Tiverton has agreed to a cost sharing formula based upon flow. This may be revised if waste concentrations exceed certain established values. If the waste concentrations from the Township are such that when combined with Tiverton's sewage they cause the design concentrations to be exceeded and Tiverton's cost sharing agreement with Ontario Hydro is revised accordingly, then a revised or new basis of cost sharing shall be established. Until the revised or new basis is established, interim accounts shall be issued and paid on the basis of the existing payment structure and an adjusting payment shall be made, if required, when the revised or new basis is established. (1) The Township shall pay to Tiverton. on a yearly basis, the sums due hereunder by the Township to Tiverton in accordance with the accounts of Tiverton directed to the Township for each such year. Payment is due 30 days from the date of the invoice directed to the Township. Any delay in making payment will result in the amount of the payment attracting a monthly interest charge of 1/12 of an annual rate 2% over the Bank of Montreal (Canada) prille rate from the date payment was due until the date the payment is made. · . · · - 5 - (2) The mailing by Tiverton of an account by Prepaid Mail in an envelope addressed to the Clerk of the Township shall constitute delivery of the account to the Clerk of the Township. (3) In each year, Tiverton shall deliver to the Township a statement showing how the charges hereinbefore referred to are made up including any year-end adjustments, as mutually agreed upon by both parties. For the purposes of this paragraph, the year-end shall be deemed to be December 31st of each year. 8. For any period of time, the amount charged pursuant to this Agreement will be based upon quantity of sewage measured for that period of tu.e by the sewage flow meters provided by Tiverton and the Township, provided that if one or both of the sewage flow meters fails to operate accurately or at all, the amount charged shall be based upon the average quantity previously recorded for any similar period of equal duration. 9. Tiverton is responsible only for the operation of the forcemain and cannot control the operation of the sewage treatment plant which is the ultimate destination of the sewage. If, for any reason, the flow accepted at the sewage treatment plant is shut off or reduced.. Tiverton shall endeavour to give the Township as much notice as possible. If, for any reason, Tiverton intends to shut off or reduce the volume of sewage carried in the forcemain for purposes of maintenance. or repair, Tiverton or its agent shall endeavour to give the Township 72 hours notice of its intention. , , - 6 - I 10. Tiverton will exercise reasonable care in the carrying out of all of the terms of this Agreement, it being understood and agreed, nevertheless between the parties hereto, that, subject always to the obligation to exercise such reasonable care, no warranty or liability on the part of Tiverton is intended nor shall any warranty or liability be implied or imposed in respect of the performance of this Agreement by Tiverton. . 11. The Township shall, as soon as possible after the execution of this Agreement and at least Ninety (90) days prior to the Township requiring Tiverton to accept its sewage, pass a Bylaw in a form as set out in Schedule -B- to this Agreement, to control the discharge of sewage, as defined in the Ontario Water Resources Act, into the sewage works or into any sewer of the Township. If the Township already has a Bylaw controlling the discharge of sewage, it will amend the same to conform with the Bylaw as set out in schedule -B-, and shall deliver a certified copy of such Bylaw passed to Tiverton prior to the commencement" date, and shall not amend, further amend or rescind such Bylaw without the prior written approval of Tiverton and shall enforce such Bylaw with due diligence. The approval of Tiverton to a Bylaw imposing more stringent conditions shall not be required. 12. It is agreed that the sewage works within the Township and the sanitary sewer from the Township to the forcemain inlet shall be maintained by the Township. 13. The Township shall pass a Bylaw within 180 days from the date of this agreement ensuring that no. storm connection, foundation ~ drains, roof downspouts or other connections to the sanitary sewers in the Township will be permitted. . 14. The parties hereto agree that this Agreement shall not be terminated, except with the mutual written consent of both parties. ." . . . . I - 7 - 15. Tiverton hereby agrees that in the event of any conflict with the provisions of this Agreement and any other Agreement between Tiverton and any other third Party pertaining to the forcemain referred to in this Agreement, the provisions of this Agreement shall prevail. 16. The parties hereto agree that, in the event of any dispute arising out of this Agreement, such dispute shall be submitted to arbitration and the Minister of the Environment or some person or persons designated by him shall act as the arbitrator. The decision of such arbitrator shall be final and binding upon the parties hereto, 17. Any written notice required by this Agreeaent shall be deemed properly given if either mailed or delivered to the Village of Tiverton, Box 130, Tiverton. Ontario, NOG 2TO on behalf of Tiverton, or to the Township of Kincardine, R. R. '5, Kincardine, Ontario, BOG 2GO, on behalf of the Township. The address may be changed at any time by either party by written notice. . . '" · . · · ! , ~ SCHEDULE -A-TO AN AGREEMENT BE'l'IfEEN THE CORPORATION OF THE VILLAGE OF T.lvl5K"J."OB AND THE CORPORATION OF THE TOMRSHIP OF KINCARDINE DATED THE l'id· DAY OF '1'J~ ,19ft. STATEMENT OF CAPITAL COST CONTRIBUTION TO BE PAID TO THE VILLAGE OF TIVERTON BY THE TOWNSHIP OF KINCARDINE WITH RESPECT TO USE OF THE SEWAGE FORCEMAIN BE'l'IfEEN THE VILLAGE OF TIVERTON AND THE ONTARIO HYDRO BEC SEWAGE TREATMENT PLANT. Desiqn Flow Village of Tiverton Township of Kincardine other Sources 700 .a Id 135 .a/d 135 .."'/d Total Systems 970 m"'/d , Township share of forceaain capital cost = 135 .a Id x 100% 970 m"'/d 13.92% = Total Estimated Cost of Forceaain from intersection of County Road 15 and Albert Street to Ontario Hydro Sewage Treat.ent Plant $225,000 Village of Tiverton Cost (after Grants) $ 35,900 Township Share (13.92') of Tiverton Cost $ 5,000 The parties hereto agree that the above-noted cost estimates are estimates only and subject to final adjustment. . . '- . . . . .. SCHEDULE -B- TO AN AGREEMDT BET....u51!1 THE CORPORATION OP THE VILLAGE OP TI VI5ln.'ON AND THE CORPORATION OP THE TOWNSHIP OF KINCARDINE DATED THE /9'tI.J DAY OP ìl~ , 19..iL. ------------------------------------------------------------------- MODEL SEIŒR USE BYLAW (August 1988 - ISBN 0-7729-4419-9) . ..-,------