HomeMy WebLinkAbout03/09/1965 (Special Meeting)
13 - Minutes, Council(Meetihg March 2. 1965. continued:
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liability to the. employee for the amount paid.
, 8. The cbllector and treasure~ are hereby empowered
to ac~ept part p~yments frOm time to time on
accouht of any taxes due. ·
9. This by-law shall come intp force and effect
upon the date of the final reading thereof.
Resolution No~ 46: Moved by O.H.~Ds. second~d by Lloyd Lowery:
This Council hereby adjourn to meet again on Tuesday
April 6, 1965, at 10 a.m. in the Council OhambeTat Orono.or
otherwise at the call of the Ree~e~ Carried.
~~ OLJ~_J
Cl erk. .
. Ynn' ~~
. R~ve. .
SPECIAL MEETING OF THE COUNCIL
OF THE TOWNSHIP OF CLARKE
March 9, 1965 at 9 p.m.
Council Ohamber, Orono.
Present: R~eve J.W.Stone
Deputy Reeve L.A.Perrault
Councillor R.G.Chater(
Councillor O.H.Falls
Councillor LLoyd Lowery
Police Trustees: H.M.Mercer
R.C.Forrester
D:M.Simpson
Clerk: H.E.Millson
.
Speoial meeting of,Council was oalled by Reeve J.W.Stone to
oonsider the Waterworks Project, under the Ontario Water Resources
Commission, with the Trustees of the Police Village of Orono and
to oonsider other business on hand.
The following correspondence in respect to the Water Project
was read out to the meeting by the Reeve:
1. Ontario Water Resources, Commission re By-law and Agreement.
The Clerk was instruotedto refer a,Qopy to the Trustees.
2. The Ontari01funicipal BOard re final approval of the.ater
P~oject.A copy was to be referred to the Trustees.
3. Solioitor E.R.Lovekin re legality of the, By-law. A copy
of this oorrespondence was to be referred to the Police Trustees.
The Trustees were unanimous in their agreement with respect
to the proposed By-law and Agreement, an~ requested COuncil to
pass the said By-law.
The matter of reorganization of the overlapping work load
between the General and Road Departments was referred t~ the Road
and Bridge Committee for study and report back.to a meeting of
Council. .'
The following oorrespondence was readout:
1. Department of l!funicipal Affairs re Municipal ,'Vor\Cs Assistance
Program. - Referred to reso lu tion. '
2. Orono Hvdro Electric Co~~ission re removal of tree at the
TownShip Hall. - Referred to the Property and Finance Committee
with power to act.
The following resolutions were nassed:
Resolution No. 47: Moved by R.G.Ohater; seconded by O.H.Falls:
That the Treasurer be and is here~y authorized to write off the
following tax arrears on approyal of the Auditor and in accordance
with Section 131 of The Assessment Act, R.S.O. 1960:
2 -~nutes, Council Meeting Maroh 9, 196;, anntinued:
t ' ( (
Aoet.
No. Name
3B7 8:-
;0; Hobbs, Mrs. R.
Pena1tiee Total
Principal to Mar.31/6; Total Statutory!!!!
l8a Sorensen, V.
47.28 8.28 55.;6 .71 1962
5'~O7 1; .84 74.91 .76 1963
8.30 8.30 1963
66.64 3.44 70.08 . .94 1964
4 .1" 4~15 1964
18; .44 27.;6 2.13. 00 .
'17.8~ 17.88 1960
.
earn..a.
D.solution No. 48: Moved br' O.I.Falls, seoonded by: Lloyd Lowery:
~1s Council hereby author,ze'the Reeve and Clerk to sign and seal ~
Otter to Sell agreement duly agreed and signed by Edward Hoad of
the Township of Clarke. C~rried.
Resolution No.4 9: Moved by L.A.Perrault, seconded by R.G.Chater:
Whereas the Council of the' Corporation of the Township of Clarke
deems it expedient to apply for a loan under the Federa-Provinoial-
Munioipal Works Assistance Program as described in the Memorandum
of the Minister of Munioip~l Affairs, dated the 4th of November,
19'3, in respect of the following project, namely the re-construotion
of the following roads to serve the Township of Clarke:
~oject Description
I:""1Ioad Bridge - Lots 8/9,.Concession B.F."A", including land
aoquisition, and road construction of approximately 1/8 mile in
all extending north and so.th oftte proposefi bridge;
2. Crooked Creek Bridge - tot 10, Conce~sion 3/4, and grading on
the approaches of the prop~sed structure tor a total distanoe of
approximately 1,100 feet.,
3. The purchase of land and construotion of an addition to the
Road Department Maohine Garage on Lot 27, Conoession 5. The
building to be oonorete bl~ck and 810 sq. rt: in area;
4. Sixth Concession Road -Lots 17 to 20 inclusive and part of
Lot 16, Conoessions 5/6, inoluding culverts at various locations.
The total length is approximately one mile;
hereinaf\e~ referred to as "the Projeot";
And whereas the projeot is, in the opinion of the Council, a
municipal projeot within the meaning of the minister'S Memoran-
~m; . .
,And whereas the project (or part of it) would not, without the
a~sistance under the program, have been included among the oapital
works projects to be undertaken within the oalendar year or years
in respect of which applic~tion for assistanoe is made, and no
other capital works projec~ has, in consequence been replaoed Or
deferred until a later year; .
.And whereas the project is one to which the immediately preceding
paragraph applies in whole;
And whereas the other, requtrements of the Ninister's Memorandum
have been complied with; :
Now therefore be it resolved that applioatiOn be made to the
Minister of ],'!unioipal Affairs for a comrni tment for a loan in the
amount of $22,790.00 to aS$ist in the finanoing of the project
under the ]k1nioipal Works Assistanoe Act, 1963. - Oarried.
The ~ollowing By-law was read a First, Second and ~ird
time and finally passed:
By-Law No. 1472:
WHEREAS it is desirable tnat the Corporation of the "Township
of Clarke enter into an agreement with the Ontario Water Resources
Commission with respect to' the construction and op$,!,'"ation of
Projeot No. 64-"-130 which was desoribed in a preliminary way in
Sohedule "C" to By-law No. i 1419, fpr and on behalf of The Trustees .
of the FOlioe Village of O~ono. . .
BE IT THEREFORE ENACT$D by the Counoil of the Corporation of
the Township of Cl~r~e.as.tollOWS:
3 - ~nu~es, Counci~ Yeet~ng Karch 9, 1965, continued:
The Reeve and CleTk are hereby authorized and directed ~
execute an agreement with the Ontario Water Resources Commission
in the form attached hereto as Schedule "A".
......,.,
"". ..
SCHEDULE itA" TO BYfLAW )(0. 1472 OF THE CORPORATION OF TEE
TOWNSHIP OF CLARKE
WATER WORKS PROJECT NO. 64-W-130
~ THIS AGREEIv'IENT made in triplicate this 15th day of Maroh, One"
Thousand Nine Hundred and Sixty Five
BE~w~EN: . ONTARIO WATER RESOURCES CO~~SSION
hereinafter callen the "Commission"
of THE FIRST PART
- and -
THE CORPORATIOO OF THE TOWNSHIP OF CLARKE
hereinafter called the "MUnioipality"
of THE SECOND PART
WHEREAS the ~nicipality has requested the Commission to provide
and operate wate~ works for the MUniCipality and its inhabi-
tants;
AND WHEREAS the Commission has agreed to do so;
AND WHEREAS the Council of the MUnioipality has on the 9th day
of l~roh 1965 passed By-law No. 1472 authorizing the !~nicipa11ty
to enter into and to execute this Agreement;
IL~ WHEREAS,the Municipality has applied to the Province of
Ontario pursuant to The lfunicipal Works Assistance Aot, 1963.
and the provisions of an Agreement between the Province and
the Municipal Development and Loan Board, made thereunder, for
a loan for the purpose of assisting in the construction of the
said water works;
THIS AGREEI~NTWITNESSETH that inoonsideration of the covenants.
conditions and payments hereinafter set forth and pursuant to
section 39 of The Ontario Water Resouroes Commission Act, R.S.O.
1960, chap. 281, the parties hereto respectively agree as follows:
Seotion A - Construotion and Operation '
1. The Commission shall construot, aoquire or provide at its own
expense, a water works projeot in aocordanoe with the Sohedule
attaohed hereto. ,
2. All property aoquired or provided by the Commission for the
purpose of this Agreement shall be and remain the property of the
Commission until ownership thereof is transferred by the Commission
as hereinafter provided.
3. The Commission will exert all reasonable efforts to ensure
that in the oonstruotion of the said water works project,
(a) No person shall be refused employment or otherwise
discriminated against in~regard to employment beaause
of suoh personts raoe, oolour, religion or national
origin;
(b) (Canadian labour, parts and materials ~e used to the
extent that the same are reasonably proourable;
(0) All employed persons are paid the going"wage rates
and that,' save in emergen'cy conditions,. the hours
of work will not exceed a reasonable maximum per week.
4. (i) The Commission shall permit persons authorized by the
sai d Board
(a) to enter upon and inspect the ~aidwater works
project during the construotion thereof;
. . . (b) to examine from time to time books, reoords and
aooounts in respect of the oonstruction of (the said
water works project maintained by or under the oontrol
of the Commission.
(ii)In the seleotion of oontraotors to carry out the con-
struotion of the said water W'orksproject, publioly
advertised tenders will be sought/and, except with the
approval of the Province, the work'will be awarded to
the lowest qualified tenderer; . \
(ii1)To the extent possible, the construotion of the said
,water works project will. be proeeeded with during the
winter months.
.
4 - J(1nute., aOUnQi~ .eetitng March 9, 1965, oontin~ed:
5. The Commission &hall manage, operate, repair and maintain
the said water works projeot and shall have the right to shut
off or reduce the amount of water supplied to the MUnioipality
.
in oases of eMergenoy or breakdown or when it may be neoessary
in maintaining, repairing or extending the said water works
projeot, but the Commission shall, wh'en praotioable, endeavour
to give to the MUnioi~11ty reasonable notioe of intention to
shut off or reduoe the supply of water.
6. The MUnioipality shall, if and as required by the Commission.
t
pass by-laws for the regulation and oontrol of the use of water
and the oonservation of water within the MUnioipality.
7. rrbe Munioipality shall not permit any person not looated
within th$ limits of the MUnioipality to oonneot to or obtain
water troM the said water works projeot except with the prior
written approval of the Commission.
S. 'lheMUnioipality shall not permit any oonneotion to the
Munio1palityts distribution system direotly or indireotly from
o.tnersource8 of supply nor shall the Munioipali ty permit
eo~tamination to gain entranoe to the Munioipality's water
mains. In the event that either of these oontingenoies should
ooour, the MUnioipality shall immediately take suoh steps as
may beneoessary to terminate such conneotion or oontamination.
;~.'~:~;i~;~!~:Y agrees inaccordanoe with seotion 40 of The
Ontario Water Resouroe8 Commission Aot, R.S.O. 1960, ohap. 281,
to pay to the Oommission the following sums:
( (a) tn eaoh oalendar year during the ourrenoy of this
Agreement, co~encing with the Calendar year in whioh
oocurs the date of oompletion of the said water works
projeot,
(i) The proportion payable by the Munioipality, as adjusted
by the Co~ssion, of the total amount of interest and
expenses of debt servioe payable by the Commission in
eaoh year in respeot of all borrowings ?f th~ Comm~ssion
from time to time outstanding and heretofore or hereafter
made by the Commission for the purpose of meeting the
t .
oost or estimated cost of all water works proje<<;)ts and sew-
age works projeots at any time heretofore or hereafter
acquired, provided or oonstruoted or in oourse of aoqvl-
sition, provision or oonstruotion by the Oommission
pursuant to any agreement or agreements, or for any other
purpose of the Commission respe9ting such projects inolu-
ding the refunding or repayment in whole or in part or any
such borrowings;
(1i}'l'he'total cost to the Commission in eaohsuoh year of the
.. operation, supervision, maintenanoe, repair, administration
and insurance of the said water works projeot; and
{iil} The total amount in eaoh ~uoh year plaoed by the Commission
to the oredit of a reserve aooount for renewals, replaoements
and oontingenoies in respeot of the said water works
projeot; but not exoeeding 1-1/2~ in anyone year of the
oost. of ~he said water works projeot. t
(b) In eaoh oalendar year for thirty years commenoing with the
oalendar year in whioh ooours the date of oompletion of the
.
said water works projeot, suoh sum as would be necessary
with interest oompounded annually thereon at the rate per
annum s~eoified in paragraph 2 of subseotion 1 of seotion
40 of The On~ario Water Resouroes Commission Aot, R.S.O.
1960, ohap. 281, to form at the expiry of thirty years a
fund equal to the cost of said water works projeot.
(c) All amounts payable to the MUFioipality by the Provinoe
pursuant to the said loan may be paid by the Province to
the Commission on behalf of the MUnioipality and upon
(
reoeipt 0+ the said amounts, the Commission shall deduot
the said amounts from the cost of the said water works
projeot. t
(I) The Commission shall not oall on the MUnioipalityto pay
any share of the debt due the Oommission by any other
munioipality whioh has already bepn apportioned and allo-
oated to suoh other munioipality and the payment of whioh
is in arrear.
. . .
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.
.:,...,.
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5 - L~nutes, Council Meeting Varch 9, 1965, oontinued:
( 't (
10. (a) The MUnicipality shall pay the Commission quarterly and
not later than the 15th days of Maroh, June, September
and Deoember in each year the sums due by the Munioi-
pality, all in aocordanoe with section 42 of The Ontario
Water.Resouroes Commission Aot, R.S.O. 1960, ohap. 281.
(b) In each oalendar year, the Commission shall deliver to
the MUnlcipality a statement showing how the oharges.
adjustments and allooations are made up.
Section C - General
11. (ar This Agreement shall remain in force for thirty oalendar
years following the date of oompletion of the said water
works project and shall oontinue in foroe thereafter
until all obligations of the Munioipality to the Commis-
sion have been disoharged to the satisfaotion of the
Commission, as evidenoed by a oertifioate under the
seal of the Commission.
(b) The property of the Commission aoquired or provided
solely for the said water works projeot, save and
exoept the balance remaining to the oredit of the
reserve account referred to in paragraph 9(a)(ii1)
hereof, shall, at the request of the Municipality in
writing, be transferred to the Munioipality on comple-
tion of the said water works projeot and the 'sa1d
balance, together with all earnings allocated and
oredited to the reserve aooount under paragraph 12
hereof, shall be transferred to the Munioipality on
the termination of this Agreement.
(0) Notwithstanding paragraph ll{b) above, the Commission
shall, continue to manage, operate, repair and maintain
the saia water works project until the termination ot
this A.greement.
12. The appropriate share of earnings on the Ontario Water
Resources Commission Reserve Aooount and on the investment
thereof shall be allocated and oredited to the res~rve aooount
referred to in paragraph 9, in aocordanoe with seotion 43(3)
of The Ontario Water Resouroes Commission Aot, R.S.O. 1960,
chap. 281. .
13. Anything herein contained to the contrary notwithstanding
each and every of the provisions of The Ontario Water Resources
Commission Act, R.S.O. 1960, ohap. 281, any substitutions there-
for or amendm6'nts thereto, and regulations thereunaer shall be
terms of this Agreement, and this Agreement shall be read and
construed as iT suoh provisions haa been written herein, and in
the event of ~ny oonflict, ambiguity or inoonsistenoy between
any provision hr this Agreement and any provision of the sai'd
Aot or regulat~ons, the Act or regulations shall prevail.
14. In the event of any dispute or difference arising between
the parties he~eto as to the interpretation of this Agreement
or the payment, adjustment or apportionment of any sums payable
by the MuniciPt8.lity hereunder, suoh dispute or differenoeshall
be referred t~ arbitration in aocordance with section 40 of The
Ontario Water .Resouroes Commission Aot, R.S.O.1960, ohap. 281,
and the parti~ hereto agree to be bound thereby.
IN WITNESS WHEREOF the Commission and the Municipaltt,.
have oaused t~s Agreement to be executed by the affixing of
their oorporate seals attested by the signatures of their proper
officers duly authorized in that behalf.
SCHEIDLE ,TO AGB~'r' BETWEEN
,ONTARIO WATEntmS'OURCES COMMISSION
and the
CORPORATION OF THE TOWNSHIP OF CLARKE
Consulting Engineers: Marshall, Maoklin, Monaghan Ltd.
~.
DET'AILS:
WATER WORKS' PROJECT 64-W-130
Construotion of the work described as follows:
A water works system to serve the Police Village of Orono
consisting of water mains as follows:
6 - M1nutea, Oouncil Meeting Maroh 9, 196;, oontinued:
ON
-
Main S-treet
Main Street
Mill Street
Churoh Street" (South)
Churoh Street (North)
Somerville Drive
Oobblediok Street
Duohess Street
"'"Sta ti. On ,Street
. . . .
Prino....Stre.t
Viotoria Street
Oentr. Street'
, ,
Park Street
S~ationSt. North
M11lson Hill Drive
ChurohillAvenue
Diokson ,Street
Easement
Rd. Allowanoe&
eas.ment
{ ,
. .
l'ROM
-
Som.rville Drive
1270' south of Millson
'H11l-D;rive
Main street {
Somerville Drive
320' south of Park St.
'Main Street
,1fai n ' Street
)fain Street
Main Street
ChurOh Street
Main Street
Main Street
Main Street
Cobblediok Street
Main Street
Churoh Street
'}!11l Street
Standpipe
: Mill Street
'rO
-
mil Street
N.B. of Village
,
S.L. of Cemetery
2'50' north of
Station Street
Churchill Avenue
Highway #3; ~ 1%'
Station St. North
Churoh Street
;00' wouth-east at
Prinoess St.
347' easterly (End
of Street)
Churoh Street
101;' easterly (End
of Street)
757' easterly
(Fairgrounds)
497' northerly (End
of Street)
Mtll Street
230' easterly (End
of (Street)
Churoh Street
Mill Street
E. B. of Hwy. #35
& 11;
.
including servioe oonneotions from the distribution main to the
property line, together with a deep well and pumphouse equipped
with a,7; GPM vertioal turbine deep well pump to be looated on
Mill St. approximately 1060 ft. north 'of MillsonHill Drive and a
1;0,000 ga1~otl steel stand pipe and appurtenanoes to be looated
adjaoent to the south limi t of Orono Cemetery 'approxim~tely "260
ft. west of Mill St.
o-ontraot, #..1 (F.E..TOhnston){
Contraet'l2 (cTohn Gaffney Const.)
Contraot i, (Bridge & Tank Co.)
lIngineering
Land, Legal & surveys
Interest
Debt to OWRC t
D.bt to MUnioipal Development & Loan Board
(. . .. .
Less MDLB Write-off
Estimated Net Long Term Debt
Meeting adjourned.
ClerK
~. I
...,., - , -.. . ~ -.-; /
. . t ~,546
1;7,400
21,474
17,887
2,000
4,166
$212,473
t 90,088
'.122,38~
lt12,47 .
30, ,'96
1181.877
R1e'~
4?~
.