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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. '01 .~ . . 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 - and - THE CORPORATION OF THE TOWN OF NEWCASTLE Hereinafter referred to as the "TOWN" OF THE SECOND PART - and - 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; .- . . . . - 2 - 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 , " ,. l . . . - 3 - 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 . ' -.J" . . ". - 4 - 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. ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ONTARIO HYDRO ~~..v/ Assista. Secretary THE CORPORATION OF THE TOWN OF NEWCAST Cl t ') . tl',' ., . " - 5 - ) ) THE REGIONAL MUNICIPALITY 'OF l DURHAM" if ,~ " ~ ~~. ) Chairmari ' . ) ! Cl:;;-~ Cf'4 . . . ' . . : .- . 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