HomeMy WebLinkAbout84-97
THE CORPORATION OF THE TOWN OF NEWCASTLE
BY-LAW NO. 84-97
Being a by-law to authorize the entering
into an agreement with Her Majesty The Queen
in right of Ontario as represented by The
Minister of Natural Resources for the Province
of Ontario.
THE MUNICIPAL 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 with Her Majesty The Queen in right
of Ontario as represented by The Minister of Natural
Resources for the Province of Ontario and the
Corporation dated the day of
19 , which an agreement is attached
hereto and marked Schedule IIAII.
BY-LAW READ a first time this 23rd
day of
July 1984
BY-LAW READ a second time this
23rd
day of
July 1984
,I
BY-LAW READ a third time and FINALLY PASSED this
23rd
day
of
July
1984
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Mayor
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Clerk .'
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SCHEDULE IIAII
TO BY-LAW 84-97
MEMORANDUM OF AGREEMENT made in triplicate as of the
day of
198 .
BETWEEN:
HER MAJESTY THE QUEEN
in right of Ontario as represented by
The Minister of Natural Resources for
the Province of Ontario, hereinafter
referred to as "Crown"
AND
The Corporation of the Town of Newcastle
hereinafter referred to as the
IILocal Authority".
WHEREAS the Crown considers it desirable to
establish, store and update topographical, cadastral and
capability descriptions of the land base in Ontario;
AND WHEREAS it is necessary that such descrip-
tions include orderly, systematic aerial photography and
basic topographic mapping at suitable scales;
AND WHEREAS control surveys are essential to
the production of such mapping and to the mathematical
fixing of the original township and other cadastral survey
fabric ina system of geodetic. controls in Ontario;
AND WHEREAS the Local Authority has requested
assistance from the Crown in respect of the provision of
aerial photography and mapping and for installation and
maintenance of a control network covering the settled
area(s) of the Local Authority and for cadastral surveys;
AND WHEREAS tne Local Authority entered into an
arrangement with the assistance of the Minister of Natural
Resources, for the retention of a contractor to arrange
for the provision of aerial photography and mapping and
the installation and maintenance of a control network
covering the settled area(s) and for cadastral surveys to
be performed;
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AND WHEREAS the control survey, aerial photo-
graphy and mapping of the Local Authority is to be to
the standards and specifications of the Ministry of
Natural Resources;
AND WHEREAS the Crown and the Local Authority
desire to formalize their arrangements in respect thereof:
NOW THEREFORE this agreement witnesses that in
consideration of the mutual promises and undertaking
hereinafter set forth the Crown and the Local Authority
agree as follows:
1. The Crown and the Local Authority agree that in
this agreement,
(a) Ilaerial photography" means aerial photo-
graphy covering the settled area(s)
prepared in accordance with the standards
and specifications;
(b) "Contractor" means the person or company
contracting with or employed directly by
the Local ~uthority to arrange for the
performance of the aerial photography
and the mapping and the control and the
key property monument measurement and
the property overlay;
(c) "control" means horizontal and vertical
control survey of the settled area(s)
prepared and targetted in accordance with
the standards and specifications;
(d) "key property monuments" mean selected
legal survey monuments which are photo-
id~ntifiable or whose coordinates have
been established and will be used to tie
property overlays to the basic mapping;
(e) "mapping" means topographic basic mapping
of not less than 28 square kilo-
metres at a scale of 1:2000 of the settled
area(s) prepared in accordance with the
standards and specifications, also property
overlays of not less than 1 square
kilometres within the settled area(s) tied
to key property monuments;
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(f) "settled area" means the area lying in
Universal Transverse Mercator Grid Zone
bounded as follows:
In the Bowmanville area
Commencing in the northeast corner at grid intersection
687000 4868000
Thence in a southerly direction along grid
line 687000 to grid intersection 687000 4867000
Thence in a easterly direction along grid
line 4867000 to grid intersection 688000 4867000
Thence in a southerly direction along grid
line 688000 to grid intersection 688000 4865000
Thence in a easterly direction along grid
line 4865000 to grid intersection 689000 4865000
Thence in a southerly direction along grid
line 689000 to grid intersection 689000 4862000
Thence in a westerly direction along grid
line 4862000 to grid intersection 688000 4862000
Thence in a southerly direction along grid
line 688000 to grid intersection 688000 4861000
Thence in a westerly direction along grid
line 4861000 to grid intersection 687000 4861000
Thence in a southerly direction along grid
line 687000 to grid intersection 687000 4860000
Thence in a westerly direction along grid
line 4860000 to grid intersection 684000 4860000
Thence in a northerly direction along grid
line 684000 to grid intersection 684000 4863000
Thence in a westerly direction along grid
line 4863000 to grid intersection 683000 4863000
Thence in a northerly direction along grid
line 683000 to grid intersection 683000 4867000
Thence in a easterly direction along grid
line 4867000 to grid intersection 684000 4867000
Thence in a northerly direction along grid
line 684000 to grid intersection 684000 4868000
Thence in a easterly direction along grid
line 4868000 to the point of commencement.
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In the Courtice area
Commencing in the northeast corner at grid
intersection 680000 4866000
Thence in a southerly direction along grid
line 680000 to grid intersection 680000 4863000
Thence in a westerly direction along grid
line 4863000 to grid intersection 679000 4863000
Thence in a southerly direction along grid
line 679000 to grid intersection 679000 4862000
Thence in a westerly direction along grid
line 4862000 to grid intersection 678000 4862000
Thence in a southerly direction along grid
line 678000 to grid intersection 678000 4861000
Thence in a westerly direction along grid
line 4861000 to grid intersection 676000 4861000
Thence in a northerly direction along grid
line 676000 to grid intersection 676000 4862000
Thence in a westerly direction along grid
line 4862000 to grid intersection 675000 4862000
Thence in a northerly direction along grid
line 675000 to grid intersection 675000 4866000
Thence in a easterly direction along grid line
4866000 to the point on commencement.
In the Hampton area
Bounded on the north by grid line 4872000
Bounded on the east by grid line 682000
Bounded on the south by grid line 4870000
Bounded on the west by grid line 680000
In the Orono area
Bounded on the north by grid line 4874000
Bounded on the east by grid line 692000
Bounded on the south by grid line 4870000
Bounded on the west by grid line 690000
(g) "standards and specifications" means the
technical specifications of the Ministry
of Natural Resources attached hereto and
marked Schedule "A".
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2. The Crown and the Local Authority agree that all
grid lines and coordinate values shall be deter-
mined in accordance with the Universal Transverse
Mercator Grid System.
3. (1) Subject to subparagraph (2) the Local
Authority agrees to arrange for the
acquisition of the aerial photography
during the FalLof 1984 or Spring bL1985.
(2) It is understood and agreed by the Local
Authority that in the event that the
Local Authority is unable to have the
aerial photography mentioned in subpara-
graph (1) performed by reason of un-
favourable weather or ground conditions
within the time limit specified in sub-
paragraph (1) the Crown may without
further liability suspend or terminate
this agreement.
4. (1) The Local Authority agrees to arrange for
the installation of the horizontal control
for mapping purposes.
-(2) The Local Authority agrees to arrange for
the installation of the vertical control
and for the measurement of the key
property monuments.
(3) The Local Authority agrees to retain a
contractor and the standards and specifi-
cations will form part of the agreement
between the Local Authority and the
contractor.
(4) The Local Authority understands that the
Minister of Natural Resources, or the
Minister of Government Services may enter
into agreements with the owners of lands
in the settled area(s) respecting the
installation of survey monuments on their
lands.
(5) Where the Crown is of the opinion that an .
agreement with an owner of land is required
respecting the installation of surv~y monu-
ments in respect of the control, the Local
Authority at its expense, agrees to nego-
tiate, prepare and register in the proper
land registry office, the appropriate
agreement, and the Crown, at Her expense,
agrees to survey any lands that may be the
subject of any such agreement and to pay
to the owner of the land any nominal or
other compensation in respect of any such
agreement.
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(6) The Local Authority agrees to maintain, at
its expense, the monuments of the control
in accordance with such directions as the
Crown may give from time to time and without
limiting the generality of the foregoing,
the Local Authority agrees that maintenance
of such monuments shall include the sCheduling
of systematic inspections of the monuments,
conducting inspections of the monuments and
the replacement of damaged, lost or destroyed
monuments.
(7) The Local Authority agrees, at its expense,
to:
(a) schedule such a systematic, annual ins-
pection of all or a part of the monuments
of the control as may meet the approval
of the Crown,
(b) cause the approved inspection of such
monuments to be made,
(c) cause the monuments inspected to be main-
tained in accordance with sub-paragraph
(5), and
(d) have a typewritten report prepared of all
matters referred to in clauses (a) to (c)
both inclusive, and shall have the type-
written report submitted promptly to the
Crown.
(8) The Local Authority agrees, at its expense,
to supply to the Crown all data and informa-
tion in respect of the control, whether now'
or hereafter acquired by the Local Authority
in such form as the Crown may direct, to be
used in such manner and for such purposes as .
the Crown considers advisable.
(9) In respect of the settled area(s), the Local
Authority agrees to un4ertake a program of
referencing to the control such data as muni-
cipal and other utilities, streets and property
lines and such thematic information as may be
of interest and concern to persons, munici-
palities and government agencies whose duties
and responsibilities include management of the
land base and its resources.
5. (I) The Local Authority agrees to .arrange for all
mapping necessary for the performance of this
agreement and that all such mapping shall con-
form to the standards and specifications and
that such mapping shall be inspected by rep-
resentatives of the Crown and approved prior
to any payment by the Crown to the Local
Authority under this agreement.
(2) The Local Authority agrees to furnish the Crown
with all materials listed in Part 3 of Schedule
ftAft for safekeeping, except for the matte film
positives which shall remain with the Local
Authority.
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(3) The Crown agrees to furnish the Local
Authority with a maste~ surround including
surround typematter and scales.
6. (1) Subject to subparagraphs (2), (3), (4), (5)
and (6), the Crown agrees to pay to the
Local Authority part of the costs of the
photography, control and mapping.
(2) It is understood and agreed between the
parties hereto that the total amount payable
by the Crown under this agreement shall not
exceed the sum of:
(a) $12,000.00
ending March
(b) $401,376.00
enaing March
in the fiscal year
31st, 19 85 , and
in the fiscal year
31st, 19 86
(3) The Crown agrees to pay the monies referred
t.o in subparagraph (1) as soon as possible
following the submission of invoices in
triplicate therefor by the Local Authority
and the approval of such invoices by the
Crown, but not later than the dates men-
tioned in subparagraph (4).
(4) Provided that the mapping is completed to
the satisfaction of the Crown, the Crown shall
make all payments which the Crown is required
to make under clause (a) and clause (b) of
subparagraph (2) not later than 31 March, 1985j
and 31 March, 1986, respectively. .
(5) All invoices submitted by the Local Authority
pursuant to this agreement shall itemize the
work and services covered thereby and a res-"
ponsible officer of the Local Authority shall-
certify that each invoice is accurate and
true and that the part of the mapping and
control referred to in the invoices has been
satisfactorily performed.
(6) Should monies appropriated for this agree-
ment by the Legislature be at any time
expended previous to the completion of the
work the Local Authority may, or may not, on
receiving a notice in writing from the Crown
to the above effect, stop the work; but in
any case the Local Authority shall not be
entitled to any further payment under this
agreement after the service of the notice
above referred to until the necessary funds
shall have been appropriated by the Legisla-
ture nor shall the Local Authority have any
claim for compensation or damages for the
said suspension of payment or for any stop-
page or delay in the prosecution or finishing
of the work as aforesaid.
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IN WITNESS WHEREOF the Minister has hereunto
subscribed his signature and affixed the seal of the
Ministry of Natural Resources and the "Local Authority
has affixed its corporate seal under the hands of its
officers duly authorized in that behalf.
SIGNED, SEALED & DELIVERED
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) Assistant Deputy Minister
) Administration
) as authorized by the Minister of
) Natural Resources
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) Corporation of the Town of Newcastle
)
)
)By
) (Position)
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)
)
)
) And
)By
) (Position)
)
in the presence of:
as to execution by M.Mogford
for the Minister of Natural
Resources