HomeMy WebLinkAbout87-41
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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