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HomeMy WebLinkAbout87-41 ... THE CORPORATION OF THE TOWN OF NEWCASTLE BY-lAW NUMBER 87-41 being a By-law to auth@r:ize the execution of an agreement with the Regional Municipality of Durham for the Provision of Inspection Services. THE COUNCIL OF THE CORPORATION OF THE TOWN OF NEWCASTLE HEREBY ENACTS AS FOllOWS: That the Mayor and Clerk are hereby authorized to execute, on behalf of the Corporation of the Town of Newcastle, and seal with the Corporation Seal, an agreement between the Regional Municipa~ity of Durham and the said Corporationkfor the provision of Inspection Services, a copy of which agreement is attached as Schedule lA' to this by-law. BY-lAW read a first time this 9th day of BY-lAW read a second time this 9th day of BY-lAW read a third time ~nd~finally passed tmis March 1987. March Ma rch 9th 1987 1987 day of MAYOR LCuJ< {lh., CLERK . THIS AGREEMENT made thi~9~day of ~ 1987. BETWEEN: THE CORPORATION OF THE TOWN OF NEWCASTLE hereinafter called the "Town" OF THE FIRST PART -and- THE REGIONAL MUNICIPALITY OF DUBBAM hereinafter called the "Region" OF THE SECOND PART \~HEREAS Section 50(6) of the Planning Act, 1983 provides in part that every municipality may enter into agreements imposed as a condition to the approval of a plan of subdivision. AND WHEREAS by Part IV of the Regional Municipality of Durham Act, the R~gion has the sole responsibility for the supply and distribution of water in the Regional Area and by Part V of the Regional Municipality of Durham Act has the sole responsibility for the collection and disposal of all sewage in the Regional Area, except storm sewers other than those located on regional roads, and is responsible for the Regional Road System by Part III of the Regional Municipality of Durham Act; AND \JHEREAS it is the policy of the Region to require before any plan of subdivision is registered for lands within the Region, that the developer enter into an agreement with the Region to provide for the construction of regional services and the payment of regional levies prior to the Ministry of Municipal Affairs and Housing being informed that the plan may be released for registration or approving of the registration of the plan of subdivision as the case may be; AND WHEREAS Section 136 of the Regional Municipality of Durham Act provides that the Regional Corporation and any area municipality may enter into agreements for the use within any part of the Regional Area of the services of their respective officers, employees and equipment on any such terms and conditions as the councils deem necessary; AND WHEREAS the Corporation of the Town of Newcastle is one of the area municipalities within the meaning of the Act; - 2 - NOW, THEREFORE, in consideration of the premises and of the covenants herein contained the parties hereto do covenant and agree as follows: 1. That the Town shall use the services of its officers, employees and consulting engineers hired by the Town to inspect the installation of the Town services, for inspection of contracts for the construction of Regional services where the developer has entered into a subdivision agreement, site plan agreement or condominium agreement with the Region, by which the Developer has agreed to install Regional services in accordance with that agreement to Regional standards. 2. The design for the Regional services shall either be carried out by the Region or by the developer in accordance with Regional design requirements, at the discretion of the Region and the approval of the project by the Region would be required prior to the commencement of the project. 3. The Town or the aforesaid consulting engineers shall provide to the Region such test reports as required from time to time and as may be required by the Region. 4. The Town shall employ and engage competent supervisory and inspection staff to ensure that the Regional services are properly constructed to Regional standards. The Town further agrees that such costs of supervision and inspection will be recovered directly by the Town from the developer and that the Town will not claim against the Region on account of such costs. 5. If at any time the Region considers that the level of inspection provided by the officers and employees of the Town or by the consulting engineers hired by the Town is not adequate, the Region may by serving notice to the Town provide its own staff to inspect the services and shall recover the cost from the subdivider. 6. The Town shall indemnify and hold harmless the Region from any and all manner of claims arising directly or indirectly out of the undertaking by the Town to provide for inspection of contracts for the construction of Regional services as hereinbefore set out. - 3 - 7. This agreement may be terminated by either party on six (6) months notice in writing provided ~he services to be installed under any subdivision agreement, site plan agreement or condominium agreement executed prior to the date of giving such notice shall continue to be constructed as provided under this agreement. IN WITNESS WHEREOF the parties hereto have hereunto affixed their corporate seals duly attested by the hands of their proper signing officers this day of 1987. TOWN OF NEWCASTLE .~ CLERK ~.-0~ CLERK " ", DATED: 1987 .. .. BET WEE N THE CORPORATION OF THE TOWN OF NEWCASTLE -and- ~ THE REGIONAL MUNCIPALITY OF DURHAM AGREEMENT SHAN K. JAIN, Q. C., Regional Solicitor, The Regional Municipality of Durham, 605 Rossland Road East, WHITBY, Ontario. LIN 6A3