HomeMy WebLinkAbout88-141
THE CORPORATION OF THE TOWN OF NEWCASTLE
BY-LAW 88-141
being a by-law to authorize the execution of
Supplementary Agreement #24 with Ontario Hydro
(Additional Costs for Improving and Maintaining
Regional Roads in the Town of Newcastle Related to
Traffic Impact from Darlington Generating Station)
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, Supplementary Agreement #24, Additional
Costs for Improving and Maintaining Regional Roads in the Town
of Newcastle Related to Traffic Impact from Darlington Generating
Station, a copy of which is attached as Schedule "X".
BY-LAW read a first time this 26th day of september 1988.
BY-LAW read a second time this 26th day of September 1988.
BY-LAW read a third time and finally passed this 26th day of
September 1988.
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DARLINGTON GENERATING STATION
SUPPLEMENTARY AGREEMENT NO. 24
ADDITIONAL COSTS FOR IMPROVING AND MAINTAINING REGIONAL
ROADS IN THE TOWN OF NEWCASTLE RELATED TO TRAFFIC
IMPACT FROM DARLINGTON GENERATING STATION
THIS AGREEMENT made in triplicate this 7th day of December, 19 88
BET WEE N:
ONTARIO HYDRO
Hereinafter referred to as the "CORPORATION"
OF THE FIRST PART
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THE CORPORATION OF THE TOWN OF NEWCASTLE
Hereinafter referred to as the "TOWN"
OF THE SECOND PART
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THE REGIONAL MUNICIPALITY OF DURHAM
Hereinafter referred to as the "REGION"
OF THE THIRD PART
WHEREAS the Corporation and the Town have entered into an Agreement
(hereinafter referred to as the Newcastle Agreement), with respect to
the social, economic and financial impacts arising out of the
construction and operation of the Darlington Generating Station
(hereinafter referred to as the Station) on the Town dated March 22,
1977;
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AND WHEREAS the Corporation, the Region and the Town have entered
into the Agreement (hereinafter referred to as the Regional
Agreement) with respect 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 Agreement and the Regional Agreement
provide for the entering into of supplementary agreements between the
Corporation, the Town and the Region;
AND WHEREAS the Corporation, the Town and the Region have entered
into a Supplementary Agreement entitled Community Impact Monitoring
Program which involves collecting and updating data on certain impact
items which may be affected by the construction and operation of the
Station;
AND WHEREAS the Regional Agreement provides that the Corporation
agrees to compensate the Region for those financial impacts undergone
bV.the Region as a result of. the con~truction of the Station which
include the increase in costs for improving and maintaining Regional
roads and bridges reasonably required as the result of the increase
in traffic from the travel of construction workers and transportation
of materials to and from the Station;
AND WHEREAS data has been collected as part of the Community Impact
Monitoring Program which identifies past and future financial impacts
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on the Region related to additional costs for improving and
maintaining the Regional road system in the Town of Newcastle due to
traffic impact from constructing Darlington G.S. and all parties have
agreed upon the appropriate share of the Corporation for said costs;
NOW THEREFORE, WITNESSETH that in consideration of the covenants
hereinafter contained and for other good and valuable consideration,
the Corporation, the Town and the Region hereby agree as follows:
1. The Corporation, the Town and the Region agree
that traffic from workers and materials related to
the construction of Darlington Generating Station has
added to the cost of improving and maintaining
Regional roads in the Town of Newcastle and that by
monitoring road conditions and material and employee
travel routes the Corporation's appropriate share of
past and future costs related to all Regional roads
within the Town has been determined.
2. The Corporation agrees to pay from Station
Account 'A' the sum of Five Hundred and Twenty-Five
Thousand, Three Hundred dollars ($525,300) as its
portion of the cost of improving and maintaining
Regional roads in the Town of Newcastle. It is
recognized that payment by the Corporation of said
amount precludes any further recovery under the
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Agreement in re6pect of Regional road6 for the
balance of the term of the Agreement.
3. Payment will be made to the Region upon
presentation to the Corporation of an invoice for
$525,300.00 and documentation of the award by the
Region of a contract for work on the applicable
Regional roads in the Town of Newcastle.
IN WIT~ESS WHEREOF the Corpor&tion, the Town and the Region
have caused this Agreement to be executed by the affixing of
the Corporate seals attested by the signatures of their
proper officers duly authorized in that behalf.
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ONTARIO HYDRO
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Assista. Secretary
THE CORPORATION OF THE TOWN OF
NEWCAST
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) THE REGIONAL MUNICIPALITY 'OF
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DATED: December 7th, 1988
BET WEE N:
ONTARIO HYDRO
and
THE CORPORATION OF THE TOWN OF NEWCASTLE
and
THE REGIONAL MUNICIPALITY OF DURHAM
DARLINGTON GENERATING STATION
SUPPLEMENTARY AGREEMENT NO. 24
ADDITIONAL COSTS FOR IMPROVING AND MAINTAINING
REGIONAL ROADS IN THE TOWN OF NEWCASTLE RELATED
TO TRAFFIC IMPACT FROM DARLINGTON GENERATING STATION