HomeMy WebLinkAbout89-176
AMENDED 81- ) 1 J
BY.LAW j~1........_
'IHE CORPORATION OF THE 'lO'lN OF NEWCASTLE
BY-LAW 89-176
Be ing a By-LaW to amend By...LaW 88-155, a By-Law to
authorize the entering into of a COntract Agreement
between the COrporation of the Town of Newcastle
and Browning- Ferris Industries.
WHEREAS the COuncil of the COrporation of the Town of Newcastle deems it
expedient to amend By-Law 88-155 of the COrporation of the Town of Newcastle,
being a by-law to authorize the entering into ofa COntract Agreement
between the COrporation of the Town of Newcastle and Browning-Ferris
Industries i
NCW THEREFORE, the COuncil of the COrporation of the Town of Newcastle,
pursuant to Section 210 (83) of the Municipal Act, R.S.D., 1980,
ENACTS AS FOI..L(lalS:
l. 'mAT the contract between the COrporatioo of the Town of Newcastle
and Browning-Ferris Industries be amended to include the collection of
leaves at cost plus 15% for profit;
2. 'mAT the Mayor and Clerk be authorized to execute, on behalf of the
COrporation of -the Town of Newcastle, and seal with the COrporate
Seal, an amending contract agreement between Browning-Ferris Industries
and the COrporation of the Town of Newcastle, dated this day of 1989
attached hereto as SChedule "A" and forming part of this by-law.
3. 'mAT this by-law not take effect until approved by the Oltario Municipal
Board, pursuant to Section 64 (1) of the Oltario Municipal Board Act.
BY-LAW read a first and second tUne this 16th day of
October
1989
BY-LAW read a third tUne and finally passed this 16th day of October 1989
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CERnFlED ATllUE COpy
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SCHEDULE "A" TO BY-LAW 89-176
This amending agreement dated October 16, 1989, being an amendment
to the original agreement dated December 16, 1988, between the
Corporation of the Town of Newcastle and Browning-Ferris
Industries.
BETWEEN:
The Corporation of the Town of Newcastle
hereinafter called the "TOWN"
AND:
of the first part
Browning-Ferris Industries
hereinafter called the "CONTRACTOR"
of the second part
WHEREAS the Town of Newcastle has been advised by the Region of
Durham that effective September 1, 1989, leaves will no longer be
acc,epted at the Brock West Landfill Site, and whereas the
alternative is to collect leaves separately on designated
collection days and deliver to a designated site for composting by
the Region of Durham,
NOW THEREFORE this amending agreement specifies that the Town of
Newcastle and Contractor agree as followsl
1. That leaves will not be picked up with regular household waste
and household trash.
2. Leaves will be picked up by the Contractor under separate
collection, for five (5) consecutive Mondays, commencing
October 30, 1989.
3. Leaves will be hauled to the designated compost sites in
either Whitby or Oshawa.
4. Payment will be based on the Contractors actual Collection
Costs plus 15% for profit.
5 . Invoices and payment to be as per te%:JllS of the Contract
General Conditions Schedule 'A', Clause 6 Payment.
6. Except as specifically herein amended all remaining general
conditions, specification, schedules and agreements, shall
remain in effect.
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Ontario
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Ontario
Municipal
Board
Commission des
affaires municipales
de I'Ontario
180 Dundas St, West/180, rue Dundas ouest
Toronto, Ontario/Toronto (Ontario)
M5G 1 E5
416/598-2266
Fax: 416/979-8808
Please respond to:/Veuillez ecrire a :
R
DEe 15
The attached is a duplicate of the Board IS original order.
The original of this order is on fUe at the Board's offices in the
Order Book No. and Folio No. cited.
Yours truly,
J. G. Malcolm
Secretary and Chief
Administrative Officer
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Ontario
Ontario Municipal Board
Commission des affaires municipales de l'Ontario
E 881453
IN THE HATTER OF Section 64 of the
Ontario Municipal Board Act, (R.S.O.
1980, c. 347 as amended)
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IN THE HATTER OF an application by The
Corporation of the Town of Newcastle
for an order approving the entering
into a proposed agreement between the
applicant and Browning-Ferris
Industries with respect to the
collection and disposal of household
refuse and household trash within the
defined limits of the Town for a
period of five years, and the
disbursement of sums of money payable
thereunder
such application having been approved
by order of the Board dated the 14th
day of November, 1988
- and -
IN THE HATTER OF a present application
for an order approving an amendment
of the aforementioned agreement with
Browning-Ferris Industries
B E FOR E :
- and -
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Friday, the 17th day
of November, 1989
D.H. McROBB
Vice-Chairman
T.F. BAINES
Member
THE BOARD ORDERS that this application be granted and that the
agreement attached as Schedule "A" to its previous order made on the
14th day of November, 1988, and entered in order book No. E 88-4 at
folio 219 on the 7th day of December, 1988, may be amended by the
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E 881453
proposed agreement annexed hereto as Schedule II A ", provided that the
Council of the applicant corporation in exercising any power approved
by this order shall comply and conform with all statutory and other
legal requirements related thereto.
ENTERED
O.B. No. E.<i. 8 - tJ-
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Folio No.... 1'81
DEe :;.3.;989.......
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SECRETARV. ONT. MUNICIPAL BOARD
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SChedule · A ·
to the order of
the Ontario Municipal soard
made on the 17i1<clayof N..cS\lemDer . '18~
SCHEDULE "A" TO BY-LAW 89-176
This amending agreement dated October 16, 1989, being an amendment
to the original agreement dated December 16, 1988, between the
Corporation of the Town of Newcastle and 'Browning-Perris
Industries.
BETWEEN:
The Corporation of the Town of Newcastle
hereinafter called the "TOWN"
AND:
of the first part
Browning-perris Industries
hereinafter called the "CONTRACTOR"
of the second part
WHEREAS the Town of Newcastle has been advised by the Region of
Durham that effective September 1, 1989, leaves will no longer be
ac~epted at the Brock West Landfill Site, and whereas the
alternative is to collect leaves separately on designated
collection days and deliver to a designated site for composting by
the Region of Durham,
NOW THEREPORE this amending agreement specifies that the Town of
Newcastle and Contractor agree as follows:
1. That leaves will not be picked up with regular household waste
and household trash.
2. Leaves will be picked up by the Contractor under separate
collection, for five (5) consecutive Mondays, commencing
October 30, 1989.
3. Leaves will be hauled to the designated compost sites in
either Whitby or Oshawa.
4. Payment will be based on the Contractors actual Collection
Costs plus 15% for profit.
5. Invoices and payment to be as per terms of the Contract
General Conditions Schedule 'A', Clause 6 Payment.
6. Except as specifically herein amended all remaining general
conditions, specification, schedules and agreements, shall
remain in effect.
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IN WITNESS WHEREOF, The Parties have hereunto affixed their
corporate seals, attested to by the hands of their proper officers
in that behalf fully authorized.
SIGNED, SEALED AND DELIVERED
CLERK