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HomeMy WebLinkAbout80-52 .~ '~-----_._-~/ . ,. ,... THE CORPORATION OF THE TOWN OF NEWCASTLE BY-LAW 80-52 ~.Being a by-law to adopt Supplementary Agreement .J No.# to the Agreement with Ontario Hydro in respect of the impact of the proposed Darlington Nuclear Generating Station A as adopted by By-Law No. 77-14. WHEREAS the Council of the Corporation of the Town of Newcastle enacts as follows: 1. The Corporation of the Town of Newcastle hereby adopts and enters into Supplementary Agreement No. rwi th Ontario Hydro, a copy of which is annexed hereto as Schedule "A". 2. The Mayor and the Clerk of the Corporation of the Town of Newcastle are hereby authorized ~nd directed to sign the Supplementary Agreement No~and to place thereon the seal of the Corporation. , ." 1,1 A By-Law read a first time this-5th day of May 1980 By-Law read a second time this 5-t:h day of May~'1980 By-Law read a third and final time this ~.' day of May 1980 .;? Garnet B. RiCkard~~ Mayor --:? Joseph M. McIlroy C1er ~ " ., ..' .~ "'Q . . . /t off' ~ '" RER, "YVIDR MAY~ 700 University Avenue, Toronto, Ontario M5G 1X6 May 1, 1980 File: NK38-11180 P Mr. A.C. Guiler Town Manager Corporat1.on of the Town of ~ewcas~---"'--""""" 40 Temperance Street BOWMANVILLE, Ontario LIC 3A6 Dear Mr. Guiler: Supplementary Agreement #6 Funds for the Costs of Advancing Community Facilities Enclosed is the Town's copy of Supplementary Agreement #6 to the Newcastle-Durham-Hydro Agreement, duly executed by all parties of the Agreement. Yours truly, Enclosure v " .. ..... c. _ cc: Mr. G. Rickard, Mayor ~/ ---- t, . . . . '" DARLINGTON GENERATING STATION SUPPLEMENTARY ArnEEMENT No. 6 THIS AGREEMENT made in triplicate this 8th day of April , 1980. BET WEE N: ONTARIO HYDRO ! Hereinafter referred to as the "Corporation" OF THE FIRST PART -and- THE REGIONAL MUNICIPALITY OF DURHAM Hereinafter referred to as the II Region II OF THE. SOCOND PART -and- THE CORPORATION OF THE 'IDWN OF N:E'W:ASTLE Heremafter referred to as the "'Ibwn" OF THE THIRD PART WHEREAS the Corporation and the Town have entered into an Agreerrent (hereinafter referred to as the Newcastle Agreerrent), with respect to the social, economic and financial impacts arising out of the construction and or:eration of the Darlingt~n Generating Station (hereinafter referred to as the Station) on the 'Ibwn dated March 22, 1977; AND WHEREAS the Corporation, the Region and the 'Ibwn have entered into an Agreerrent (hereinafter referred to as the Regional Agrearent) with resr:ect to the social, economic and financial impacts arising 'out of the construction and operation of the Station on the Region and the Town, dated August 8, 1977; AND WHEREAS the Newcastle Agreerrent and the Regional Agreerrent provide for the entering into of supplerrentary agreerrents be~en the Corporation, the Region and the 'Ibwn; AND WH'EREAs the Coqx:>ration, the Region and the Town have entered into a Supplementary Agreerrent entitled Conmunity Irrpact M:mitoring Program which involves collecting and updating data on certain impact i terns which may be affected by the construction and or:eration of the Station; 't ~, .', - "2 - . AND WHEREAS the Newcastle Agreell'Cnt provides that the Corporation agrees to compensate the 'Town for thos~ financial impacts undergone by the 'Ibwnas a result of the construction of the Station which include the cost of advancing carrnunity facilities and providing community services; ANI:> WHEREAS the Corporation, the Region and the Town agree that the 'Ibwn has undertaken initiatives to advance construction of the Newcastle Fitness CentreSwirrming Pool, a Corrmunity Centre, and advanced expansion of its administrative services; . NCM, THEREFORE, wrTNESSEI'H that in consideration of the covenants hereinafter contained and for other good and valuable consideration, the Corporation, the Region and the Town hereby agree as follows: 1. The Corporation agrees to pay to the 'Ibwn from Station Account "B" up to $200,000.00 in advance of the evaluation of the future financial impact to be incurred by the Town in advancing the Town I s Fitness Centre Swirrming Pool Project. On completion of the Project or on abandorurent of the Project, the Town shall sul::mit a claim for payrrent fraTI Station Account "B" for any financial impact incurred by the Town. 2. The Corporation agrees to pay to the Town' from Station Account "B" up to $35,000.00 in advance of the evaluation of the future financial impact to be incurred ' by the Town in advancing the ' . Baseline Cbrmruni ty Centre. 3. The Corporation agrees to pay to the TcMn from Station Account "B" up to $25,000.00 in advance of the evaluation of the future financial impact to be incurred by the TcMn in expanding its administrative services. On completion of the expansion of the administrative services, the TcMn shall sul:rnit a claim for payment from Station Account "B" for any financial impact incurred by the , I ,Tow1. - .' . ... - 3 . " . '!he recitals mentioned ini:.his Agreerrent form part of this Agreerrent. IN WITNESS r"lliEREOF the Corporation, the Region and the Town have caused this Agreem::mt to be executed by the affixing of the corp::>rate seals attested by the signatures of their ',"I proper officers duly authorized in that behalf. ONTARIO HYDRO ~ -......., Secretary . THE REGIONAL MUNICIPALITY OF DURHAM P~r: ,~ 6~~ 'fJalter Beath, Chairman -ew~,:~ ~ THE CORPORATION OF THE 'IDv\'N OF NEV\CASTLE . J. M. , , , ;iJ#-., -:rO'_1( .-........ T-...,......~.--T____.-:rv..,...;.:;r.If"'>;':t- ";,. ~.~ ~,,"\"T' " ,'". ~" ,...... .......-....-~1,., ", _. ..... '.-,' "r ......, . ~ . DATED~th day of April, 1980. . \. .. I BET WEE N: ONTARIO HYDRO and THE REGlONAL MUNlCIPALlTY OF DURHAM and THE CORPORATlON OF THE TOWN OF NEWCASTLE DARLINGTON GENERATING STATION SUPPLEMENTARY AGREEMENT No. 6 .I S ha n K. J a in, REgional Solicitor, The Regional Municipality of Durham, 605 Rossland Road East, Whitby, Ontario L1N 6A3. .' . . ~ . . . . DARLING'IDN GENI:Iij\TING STATION SUPPLEMENTARY Arnt:FMENT No. 6 THIS AGREEMENT made ill triplicate this 8th day of Apr i 1 , 1980. BET WEE N: ONTARIO HYDRO ! Hereinafter referred to as the "Corporation" OF THE FIRST PJ\!{T -and- THE REGIONAL MUNICIPALITY OF DURHAM Hereinafter referred to as the II Region " OF THE SOCOND PART -and- THE CORPORATION OF THE '!OWN OF N:E'W:ASTLE Hereinafter referred to as the "'Ibwn" OF THE THIRD PART WHEREAS the Corporation and the Town have entered into an Agreerrent (hereinafter referred to as the Newcastle Agreerrent), with respect to the social, economic and financial impacts arising out of the construction and or:eration of the Darlin~n Generating Station (hereinafter referred to as the, Station) on the 'Ibwn dated March 22, 1977; AND WHEREAS the Corporation, the Region and the 'Ibwn have entered into an Agreerrent (hereinafter referred to as the Regional Agreerrent) with resr:ect to the social, economic and financial impacts arising . out of the construction and operation of the Station on the Region and the 'Ibwn, dated August 8, 1977 ; AND WHEREAS the Newcastle Agreerrent and the Regional Agreerrent provide for the entering into of supplerrentary agreerrents re~n the Corporation, the Region and the 'Ibwn; AND WHEREAS the Coqx:>ration, the Region and the Town have entered into a Supplementary Agreerrent entitled Corrmunity Irrpact M:mitoring Program which involves collecting and updating data on certain inpact items which may be affected by the construction and or:eration of the Station; ,'t-,. . . r, ,w, - 2 .,. . AND WHEREAS the Newcastle Agreerrent provides that the Corporation agrees to compensate the 'Ibwn for those. financial impacts undergone by the Town as a result of the construction of the Station which include the cost of advancing carmunity facilities and providing conmunity services; AND WHEREAS the Corporation, the Region and the Town agr~ that the 'Ibwn has undertaken initiatives to advance construction of the Newcastle Fitness' Centre SWinrning Pool, a Corrmuni ty Centre, and advanced expansion of i ts administrative services; NOW, THEREFORE, WITNESSETH that in consideration of the covenants . hereinafter contained and for otI1er gcxx1 and valuable consideration, the CorfX)ration, the Region and the Town hereby agree as follows: 1. The Corporation agrees to pay to the Town from Station Account "B" up to $200,000.00 in advance of the evaluation of the future financial impact to be incurred by the Town in advancing the Town 's Fitness Centre SWinming Pool Project. On completion of the Project or on abandonITent of the Project, the Town shall sulmit a claim for payrrent fraTI Station Accormt "B" for any financial impact incurred by the Town. 2. The Corporation agrees to pay to the Town from Station Account 1'B" up to $35,000.00 in advance of the evaluation of 'the future financial impact to be ,incurred by the 'Ibwn in advancing the, . Baseline CbnmunityCentre. 3. The Corporation agrees to pay to the Town from Station Account "B" up to $25,000.00 in advance of the evaluation of the future financial impact to be incurred by the Town in expanding its administrative services. On completion of the expansion of the administrative services, the Town shall sul::mit a claim for payrrent from Station Account "B" for any financial impact incurred by the , ! 'Ibwn . ..... . *, . . . 0'" . - 3 The recitals rrentioned in thi~~ Agreenent fonn part of this Agreerrent. IN WITNESS t.vHEREOF the Corporation, the Region and the Town have caused this Agreerrent to be executed by the affixing of the corporate seals attested by the signatures of their proper officers duly authorized in that behalf. ON'TI\RIO HYDRO Secretary THE REGIONAL MUNICIPALITY OF DURHAM Per: r~~~ l.val ter Beath, Chainnan ~~~ 4-Y. THE CORPORATION OF THE '[(fi\'N OF NEW:ASTLE Per:~ ~ Garne t B. Rickard, Mayor , J. M. ~~ , ~ --- T-""" ~ .,.v.......,....y.-I:'-....,..._~,l"If"~lJI". ~..~.r...' ,.,--:""'.....>,."".,....... '. . ---.-~."'~~., ,." '~ < .' .' DATED: 8th day of April, 1980. BET WEE N: ONTARIO HYDRO and THE REGIONAL MUNICIPALITY OF DURHAM and THE CORPORATION OF THE TOWN OF NEWCASTLE DARLINGTON GENERATING STATION SUPPLEMENTARY AGREEMENT No. 6 Shan K. Jain, REgional Solicitor, The Regional Municipality of Durham, 605 Rossland Road East, Whitby,' OntarioL1N 6A3. .\ el # I ~ .' , .