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THE CORPORATION OF THE TOWN OF NEWCASTLE
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BY-LAW NO. 7 7 - /6
Being a By-law to authorize the Town to
borrow and to execute a loan agreement
with Her Majesty the Queen in the Right
of the Province of Ontario, as represented
by the Minister of Housing of the Province
of Ontario for the provision of storm
drainage in the area of Courtice.
The Council of The Corporation of the Town of Newcastle
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enacts as follows:
1. The Corporation of the Town of Newcastle be auth-
orized to borrow from Her Majesty the Queen in
Right of the Province of Ontario as represented by
the Minister of Housing for the Province of Ontario,
the sum of Two hundred and eighty-two thousand
seven hundred dollars ($282,700.00), interest free,
on the terms and conditions set out in the Agreement
annexed hereto as Schedule "A".
2. The Mayor and Clerk are hereby authorized and
directed to sign and affix the Corporate Seal of
The Corporation of the Town of Newcastle to the loan
. Agreement in the form annexed hereto as Schedule
. "A".
3. This By-law shall not take effect until approval has
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been obtained from the Ontario Municipal Board.
READ a first and second time this
11,p.-... day of /I #IA~ V- .
1977.
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READ a third and final time this
1/ V- day of II /fIAC 1)-
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1977.
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77- Ie;
THIS AGREEMENT made this ~-
day of 4u-~1'
one thousand nine hundred and seventy~seven
BET WEE N:
HER MAJESTY THE QUEEN IN THE RIGHT OF
ONTARIO AS REPRESENTED BY THE MINISTER
OF HOUSING OF THE PROVINCE OF ONTARIO
hereinafter called "the Minister"
OF THE FIRST PART
- and -
THE CORPORATION OF THE TOt1N OF NEWCASTLE
hereinafter called "the Town"
OF THE SECOND PART
~nlEREAS: The Minister in the discharge of his public duties
is desirous of stimulating and expediting residential develop-
ment in areas of need within Ontario, having particular regard
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AND WHEREAS: The Town has an interest in common with the
Minister in the area within its jurisdiction;
AND WHEREAS: The Minister has entered or will enter into an
Agreement with various developers who hold land (hereinafter
called "the Developer") concerning the development of certain
land in Drainage Area # land 2 of the Town which land is more
particularly described in Schedule A attached hereto (herein-
after called the "Land");
AND WHEREAS: The Minister, and the Tm'ln have agreed that it
is in the public
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t.hat: the Latld be developed as
expeditiously as possible to reduce the cost of residential
units to the public and they are prepared to take certain steps
in their respective jurisdictions to e:Kpedi te approvals,
registrations, and issuance of building permits to provide for
such residential development and they have entered into this
Agreement to accomplish the objectives aforementioned.
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NOW THEREFORE THIS AGREEMENT WITNESSES that in consideration
of the mutual covenants hereinafter contained the Parties
hereto covenant and agree each with the other as follows:
1. The Minister shall provide the Town with an interest-
free loan in the amount set out in Schedule B designated
as "total amount of loan from the Minister" to assist
in payment of the project described in the said Schedule B
upon the following conditions:
(1) The Minister shall advance only such parts of
the moneys on the loan from time to time as
have been approved by order of the Ontario
Municipal Board for the said projects pursuant
to the Ontario Municipal Board Act.
(2) Payment of the moneys in respect of any contract
to carry out the projects described in Schedule B
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shall be made to the Town when evidence satisfactory
to the Minister of the awarding of such construction
contract has been received by the Minister.
( 4)
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The loan or any part shall be repaid to the Minister 'I
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The Minister may consider a request from the Town
for an adjustment in the amount of the loan to
reflect more closely the cost of construction.
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in full on the fifth anniversary of the date on
which the moneys were paid and if the loan ~s ad-
vanced in more than one payment each of such pay-
ments shall be repayable in full on the fifth
anniversary from the date of such advance.
(5)
If residential growth in the area serviced by the
project described in Schedule B does not result
in the area being fully developed before the loan
is to be repaid the Minister will upon application
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by the Town reconsider the obligations on the Town
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and may, subject to any approval required by
the Ontario Municipal Board, make such adjustments
from time to time in the terms of repayment of the
loan or any part thereof as he may deem just and
equitable.
2.
(1) The Town shall cause the project described in
Schedule B to be designed and constructed with
sufficient capacity to service the Land in
accordance with good engineering practice.
(2) The Town shall cause construction of the project
described in Schedule B to be completed, as far
as may be practicable, in sufficient time to
permit the Developer to fulfill its obligations
under the Developer's agreement and to continue
in appropriate stages, until completion.
(3) The Town shall provide the Minister with evidence
of Ontario Municipal Board approval of the project
described in Schedule B and of approval to borrow
and repay the loan amount set out in Schedule B.
(4) The Town shall in consultation and concert with
such other authorities as may be deemed necessary
and appropriate, endeavour to expedite the granting
of all planning approvals and the passing of any by-
laws, and generally do everything within its juris-
dictions to enable the Developer to fulfill its
obligations under the Developer's agreement and to
proceed with the developmen~ of th~ Land.
The parties will in good faith and in the public interest
co-operate with each other with a view to the expeditious
achievement of the objects hereinbefore set forth and in
the event of any dispute as to the meaning or application
of any provisions of this Agreement each will promptly
consult and negotiate with the others to resolve such
dispute.
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4. The recitals hereinbefore set out shall form an ihte~ral
part of this Agreement and the Schedules mentioned in
this Agreement and attached hereto shall form part of
this Agreement and have the same force and effect as
if contained in the body of this Agreement.
Time shall be of the essence of this Agreement.
5.
IN WITNESS WHERBOF the Corporate party has signed this
document under seal and the Minister has signed pursuant to
his authorization by Order-in-Council.
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MINISTER OF HOUSING
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SCIlEDULI': B
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Drainage Area #1
outfall to Farewell Creek from
Prestonvale Road
Storm Sewer
Head Wall
Erosion Protection
Retention Pond
$ 91,200
$ 5,000
$ 30,900
$ 25,000
Sub-total
$152,100
10% Engineering and 10%
Contingencies
$ 30,420
Total Construction
$182,520
Land Acquisition
Surveying and Legal
$ 56,000
$ 23,850
Total Project Cost
$262,370
~ Drainage Area #2
outfall to Black Creek from Nash Road
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Storm Sewer
Head Wall
Erosion Protection
$ 44,900
$ 2,000
$ 5,000
$ 51,950
$ 10,390
$ 62,340
$ 7,500
$ 6,990
$ 76,830
Sub-total
10% Engineering and 10%
Contingencies
Total Construction
Land Acquisition
Surveying and Legal
Total Project Cost
Total Gross Cost of Projects for
Drainage Areas #1 and #2
$339,200
CMHC Grant Estimate
$ 56,500_
Total Amount of Loan from the
Minister
$282,700
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Ontario
Form E-15
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Ontario
Municipal
Board
416/965-1907
180 Dundas St. West
Toronto, Ontario
M5G lE5
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The Clerk,
Town of Newcastle,
40 Temperance Street,
BOWMANVILLE, Ontario
L1C 3A6
Quote File Number
E 77300
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April 21, 1980
Dear Sir:
Enclosed is documentation as follows:
[Kj
Board's 'order dated
February 26, 1980
os Invoice(s) for Board's order
[J Board's order dated
Validation of By-law
Municipality:
Yours truly,
R€Ce:\\1t::O
h;'?- 25 \9~()
School Board:
SC: rp
",~WC~Sl\.E
lOW'" Of
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\..,. M. S. Manj i
Head of
Capital Expenditures
Enclosure
NB
If you are going to apply for the validation of
a debenture by-law for the issuance of debentures
for this undertaking, it is suggested that a draft
by-law be submitted to the Board by you for
consideration prior to its enactment.
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Onta ria
E 77300
Ontario Municipal Board
IN THE MATTER OF Sections 63 and 64(8)
of The Ontario Municipal Board Act,
(R.S.O. 1970, c. 323)
- and -
IN THE MATTER OF an application by
The Corporation of the Town of
Newcastle for an order approving:
(a) an expenditure of $350,000.00
for the construction of storm
drainage facilities in the
Courtice Area and the borrowing
of money by way of temporary
advances not exceeding in the
aggregate such estimated cost
pending the sale of debentures,
(b) the issuance of the necessary
debentures by The Regional Municipality
of Durham, chargeable to the
applicant corporation, and
(c) the entering by the applicant
corporation into an agreement with
Her Majesty the Queen in right
of Ontario as represented by
the Minister of Housing in
accordance with the draft
agreement filed with the Board
on the 1st day of November, 1979;
and identified by the Secretary's
signature for the provision of
an interest free loan of $282,700.00
for the construction of said
works on the security of debentures
in such amount repayable over a
term of five years
and declaring and directing that
the assent of the electors of the
applicant corporation shall not be
required
B E FOR E :
A.H. ARRELL, Q.C.,
Vice-Chairman
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of February, 1980
Tuesday, the 26th day
- and -
C.G. EBERS, Q.C.,
Member
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E 77300
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THE BOARD ORDERS that this application be grant~d and
the applicant may proceed with the said undertaking and
may now expend the sum of $350,000.00 for the said
purpose, may pass all requisite by-laws and may exercise
all its powers for the purpose of entering into said
agreement for securing an interest free loan of
$282,700.00 from the Province of Ontar~o Housing Action
Programme, and The Regional Municipality of Durham may
issue debentures therefor not exceeding $350,000.00
and not to exceed the net cost of such undertaking to
the applicant, for a term not to exceed:flve years,
provided that the applicant shall not make any commitment
for the undertaking of a project out of the amount
hereby approved until the Treasurer of The Corporation
of the Town of Newcastle has certified to the council
that funds can be provided under this order in payment
thereof.
SECRETARY
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77- Ie;
THIS AGREEMENT made this ~-
day of
tJ1",~,
one thousand nine hundred and seventy~seven
BET WEE N:
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HER MAJESTY THE QUEEN IN THE 'RIGHT OF
ONTARIO AS REPRESENTED BY THE MINISTER
OF HOUSING OE' THE PROVINCE OF ONTARIO
hereinafter called "the Minister" t
OF THE FIRST PART
- and -
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THE CORPORATION OF THE TOWN OF NE\'iCASTLE
hereinafter called "the Town"
OF THE SECOND P~T
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r WHEREAS: The Minister in the discharge of his public duties
III is desirous of stimulating and expediting residential develop-
~ ment in areas of need within Ontario, having particular r~gard
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,; AND WHEREAS: The ~own has an interest in common with the
Ll- Minister in the area within its jurisdiction;
I! AND WHEREAS:
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r after called the "Land");
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to the housing requirements of low and moderate income families,
The Minister has entered ,or will enter into an
Agreement with various developers who hold land (hereinafter'
called "the Developer") concerning the development of certain
land in Drainage Area # land 2 of the Town which land is more
particularly describ~d in Schedule A attached hereto (herein-
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The Minister, and the Town have agreed that !t .
AND WHEREAS I
is in the public intetest. that th(: L~iid L~ dev~ioped as
expeditiously as possible to reduce the cost of residential
units to the public and they are prepared,to take certain steps
in their respective jurisdictions to eJcpedite approvals,
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registrations, and issuance of building permits to provide for
such residential development and they have entered into this
Agreement to accomplish the objectives aforementioned.
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NOW THEREFORE THIS AGREEMENT WITNESSES that in consideration
of the mutual covenants hereinafter contained the Parties
hereto covenant and agree each with the other as follows:
1. The Minister shall provide the Town with an interest-
free loan in the amount set out in Schedule B designated
as "total amount of loan from the Minister" to assist
in payment of the project described in the said Schedule B
upon the following conditions:
(1) The Minister shall advance only such parts of
the moneys on the loan from time to time as
have been approved by order of the Ontario
Municipal Board for the said projects pursuant
to the Ontario Municipal Board Act.
(2)
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Payment of the moneys in respect of any contr~ct
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shall be made to the Town when evidence satisfactory' I
to th~ Minister of the awarding of such construction I
contract has been received by the Minister.
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to carry out the projects describe~ in Schedule B
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( 3)
The Minister may consider a request from the Town
for an adjustment in the amount of the loan to
reflect more ciosely the cost of construction~
The loan or any part shall be repaid to the Minister
in full on the fifth anniversary of the date .on
which the moneys were paid and if the loan ~s ad-
vanced in more than one payment each of such pay-
(4)
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ments shall be repayable in full on the fifth
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anniversary from the date of such advance.
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(5)
If residential' growth in the area serviced by the
project described in Schedule B does not result
in the area being fully developed before the loan
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is to be repaid the Minister will upon application
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by the Town reconsider the obligations on the Town
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and may, subject to any approval required by
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the Ontario Municipal Board, make such adjustments
from time to time in the terms of repayment of the
loan or any pa~t thereof as he may deem just and.
equitable.
2.
( 1)
The Town shall cause the project described in
Schedule B to be designed and constructed with
suff~cient capacity to service the Land in
accordance with good engineering practice.
(2) The Town shall cause construction of the project
described in Schedule B to be complet~d, as far
as may be practicable, in sufficient time to
permit the Developer to fulfill its obligations
)
'under the Developer's agreemen~ and to continue
in appropriate stages, until completion.
(3) The Town shall provide the Minister with evide~ce
Qf Ontario Municipal Board approval of the project
described in Schedule B and of approval to borrow
and repay the loan amount set out in Schedule B.
(4) The Town shall in consultation and concert with
such other authorities as may be deemed necessary
and appropriate, endeavour to expedite the 9ranti~9
of all planning approvals and the passing of any by-
laws, and generally do everything within its juris-
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dictions to enable the Developer to fulfill its
obligations under the Developer's agreement and to
of the Li;md.
in the public interest
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co-operate with each other with a' vi~w to the expeditious
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achievement of the objects hereinbefore set forth and in
the event of any dispute as to the meaning or application
of any provisions of this Agreement each will promptly
consult and negotiate with the others to resolve such
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dispute.
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The recitals hereinbefore set out shall form.~ integral
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part of this Agreement and the Schedules mentioned ih
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this Agreement and attached hereto shall form part of,
this Agreement and have the same foroe and effedt as
if contained in the body of this Agreement.
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Time shall be of the essence of this Agreement..
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IN WITNESS WHEREOF the Corporate party has signed t~iB
document under seal and the Minister has signed pursuant to
his authorization by Order-in-Council.
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MINISTER OF HOUSING
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