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HomeMy WebLinkAbout03/09/1965 (Special Meeting) 13 - Minutes, Council(Meetihg March 2. 1965. continued: . 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. . . . . . .:,...,. .~; 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?~ .