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HomeMy WebLinkAbout77-49 . . . c'! ~ THE CORPORATION OF THE TOWN OF NEWCASTLE By-Law No. 77-49 Being a by-law to adopt a supplementary agreement, entitled "The Regional Agreement", to the agreement with Ontario Hydro in respect of the impact of the proposed Darlington Nuclear Generating Station A. as adopted by By-Law No. 77-14. WHEREAS the Council of the Corporation of the Town of Newcastle enacts as follows:- 1) The Corporation of the Town of Newcastle hereby adopts and enters into an agreement entitled "The Regional Agreement" with Ontario Hydro and the Regional Municipality of Durham, a copy of which is annexed as Schedule "A" hereto. 2) The Mayor and the Clerk of the Corporation of the Town of Newcastle are hereby authorized and directed to sign the Regional Agreement and to place thereon the seal of the Corporation. By-Law read a first time this 20th day of June, 1977. By-Law read a second time this .j" 9.1f'r.: .. day of ..~;., 1977. By-Law read a third and final time this .. AA ~ day of '"~.." 1977. G.B. Rickard Mayor Seal J .M. McIlroy Clerk e,.liflel:Jrue eop, J. M. McilROY Municipal Clerk " ~.'" .. . . . f ," ~ ') ,-' DARLINCTCI; GENERATING STATION THIS AGREEHENT made in triplicate this ff j;t; day of a,~r 1977. BET WEE N: ONTARIO IET)T(O Hereinafter referred to as the nCORPOPATIONI1 OF THE FIRST Piill.T -and- THE REGIONAL I,HJNICIPi',LITY OF DURHi'J'i Hereinafter referred to as the I1REGION" OF THE SEGO!',.'"D PART -and- THE COI<PORATION OF THE rmm OF NElJCASTI.E - ~ Hereinafter referred to as the "TOWN" OF THE THIRD PART \~~REAS by Agreement dated the 22nd day of Harch~ 1977 between Ontario Hydro (the Corporation herein) and the Corporation of the Tmm of NeVlcastle (the To~m herein) which Agreement is hereinafter referJ:ed to as the Newcastle Agreemen~, the Corporation and the Town entered into certain covenants with respect to the construction and operation of Darlington Generating Station (hereinafter referred to as the Station) by the Corporation and with respect to the social, economic and financial impacts arising out of the construction and operation of the said Station on the TOvm. MID \.J1}EREAS pu.rsuant to the Regional Nun~cipality of Durham Act, 1973, as amended, the follm.ling matters are under the jurisdiction of and are the respon- sibility of the Region: .... ." .......' ... . e . 4.. '" . -2- (a) All roads or parts thereof that form part of the Regional Road System and for approving the closing of highways under the jUJ-.isdiction of the Tmm. (b) The supply and distribution of THater in the Regional Area. (c) The collection and disposal of all sanitary sewage in the Regional Area. (d) T~ carry out the planning function for the Durham Planning Area as established in the Regional Hunicipali ty of Durh,,'..m lie t. (e) To provide Policing within the Regional Area. (f) The provision of certain Hea'_th, Helfare and Social Services as provided by the Region. (g) The establishment and maintenance of an Emergency Heasures Civil Defence Organization in the Regional Area. (h) The provision of facilitles for the purpose or receiving, dtn~ping and disposing of solid \vaste within the Regional Area. AND vm:EREAS it is recognized that the construction and operation of the Station may have social, economic and financial impacts in the Tow~ of Newcastle and otherwise in the Region of Durham and may require the Region to provide certain services which are under the sole jurisdiction and responsibility of the Region. NOW, THEREFORE, ~vITNESSETH that in consideration of the sum of TWO DOLLARS ($2.00) by each of the parties hereto to the other paid, the receipt whereof by each of the parties is hereby acknowledged, and in consideration of the covenants here- inafter contained and for other good and valuable consideration, the Corporation, the Region and the TOvffi do hereby agree as follows: 1. The Region agrees to provide sanitary sewer and water supply facilities including plant capacity, to service the Station subject to the Region acquiring a site for the water pollution control plant and subject to the Corporation and the Region entering into a servicing agreement by January 1st, 1978. The Corporation will reimburse the Region for .. . , , :~ . e . ... .' ".. 2. -3- - , the cost of providing such facilities. The. costs of such facilities are in addition to any other costs c.cvered by this agreement. It is understood that the water pollution control plant capacity will not be available until a new plant facility is constructed and at this time it is anticipated th2.t such construction will be coupletcd about 1981. In order to advance construction as much as possible, the Regj_on shall proceed w;Lth the enginE'E;ring design of the plant prior to the acquisition of the land, prior to the required Environmental Hearing and prior to the approval c~ the plant site by the Ministry of the Environment, and the CorporatiDn shall reimburse the Region for all non-recoverable costs incurreci for suclL design, if a proposed plant site is not approved. Notwithstanding anything else in this Agreement. paragraphs 18 and 19 of the Newcastle Agreement do not apply to this paragraph. The Region recognizes the responsibilities to be undertaken by the Town in order to plan for and accommodate population grov.rth associated wi.th the Station, as provided for in paragraphs 7(c), 12 and 13 of the Newcastle Agreement. The Region agrees to co-operate fully in this process and to expedite the consideration of all necessary planning and zoning docunentation. 3. The Region agrees to provide all necessary sanitary sewer facilities, water supply facilities and associated plant capacity to accommodate the population growth referred to in paragraph 2. It is understood and agreed that the Corporation's share of the cost of such sanitary sewer facilities and water supply facilities shall be as provided in paragraphs 13 and 14 of this Agreement. .. ." .' .-' . . . .,.. -{-f- The Region agrees to grant the Corporation all approvats that are within the Region's jurisdiction so as to permit the Corporation to construct the Station provided that the Plans and Specifications therefor comply witll all applicable legislation~ regulations and by-laws. 5. The Corporation agrees to involve the Region and the Tmm on a continuing 4. basis in discussions "lith the Government Hinistries and other relevant authorities conce'J:ning research and design programmes and the approval process under the Environmental Protection Act with respect to the establishment of an approved design for the cooling water system for the Station ~ncluding without limiting the gene~ality of the above, the thermal impact of such cooling vTater system and the operation of the Station on Lake Ontario. It is understood and agreed that the Town and the Region shall co-ordin.::te their involvement in such dic3cusBions and that the maximum cost to the Corporation for such involvement shall not exceed $10,000. 6. The Corporation agrees to enter into discussions with the To~~, the Region and/or private owners 011 the possible utilization of heat generated by the Station as a heating source for adjacent land uses. Any under- taking in this regard shall be the subject of a supplementary agreement which may require the participation and support of the Government of Ontario. 7. The Region agrees that it shall, on or before July 1st, 1977, request the Minister of Housing to modify the proposed Official Plan of the Region so as to designate the lands required for the construction and operation of the Station in an appropriate manner so as to permit the construction and operation of the Station. ..., . . . e -5- " ;. -', 8. The Region agrees to rescind or amend its Resolution of February 23rd, 1977 whereby the Province of Ontario vas requested to conduct an Environrnental Assessment Hearing under the Environmental Assessment Act with respect to the proposed Darlington Generating Station and to advise the Province of Ontario that the. Region no long,;;r requests such a B.earing. 9. The Region agrees not to obj ect to any by--laH of the TOiim of Newcastle with respect to the dosing or highvlays under the jurbdiction and control of the TO\-111 within The limits or the Station site. 10. The Corporation a.grees to compensate the Region for those financial inpacts incurred by the Region in the To\~. of Newcastle as a result of the construction and operation of the Station including financial impacts resulting from any reduction in population in the Tovm of Newcastle due to the completion of construction of the Station and emigration of workers from the TOyffi of Newcastle. It is understood that the timing of such financial impacts may be advanced by the construction of other facilities of the Corporation and may require advancement of compensation to the Region by the Corporation for those impacts. It is agreed that a preliminary but not exclusive list of such financial impacts will include the cost of providing services and advancing facilities related to community, social and law enforcement activities required to successfully integrate temporary "tolorkers into communities within the Town of Newcastle. Such costs will also include the costs or any other impacts that may be identified during the monitoring yrocess referred to in paragraph 11 and such other impacts as may be identified during the life of this Agreement. . " .,. e. e .' -6-- < ',~' j .. 11. The Town and the Corporation agree that the Region will be a full and equal participan~ and the Region agrees to participate in the monitoring program referred to in paragraph 11 of the Newcastle Agreement and that the costs to the Corporation of this monitoring program shall be as set out in paragraph 11 of the Newcastle Agreement. It is further understood and agreed that the monitoring program shall be defined and the responsibilities including budget alloea tion of the Tm-m and the Region shall 1.; e determined annually In advance. Payment shall be made by the Corporation to the Town and the Region based on actual costs incurred. 12. Those costs to the Region identified in paragraphs 5, 10 and 11 shall be paid from Station Account liB" as provided for jn paragraph 17. 13. The Corporation shall compensate the Region for the financj.al impacts associated Vlith advancing the construction of sanitary sewer fc:cilities and water supply facilities including plant capacity to acco~uodate the increase in population in the Town of Newcastle due to the construction of the Station. 14. For those items as set out in paragraph 13, the Corporation shall make paYl1Jent to the Region from Station Account "A", as provided for in paragraph 17, pursuant to supplementary agreements. Such supplementary agreements shall be settled prior to the specific approval of the project by Regional Council. 15. It is understood and agreed that the Corporation shall pay to the Region from Station Account "A" as provided for in paragraph 17 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 with the exception of the South S~rvice Road bet,veen Courtice c '.. ' --' .... tf .~ -7- . , .' - and Haverly interchanges. In the event that this section of the South Service Road is assumed by the Regicn, paragraph 15 of th"l Newcastle Agreel;.ent shall continue to npply. Major capital road improv21nents valued in excess or $150,000 shall be the subject of a supplementary agreement between the Region and the Corporation. 16. It is understood that the Corporation, the Region and the Tmm shall enter into supplementary agreements with respect to all matters related to payments under paragLlph 10 from Station Acco'l.lnt "B!!. It is further understood that the Corporation, the Region and/or the To\-m may ent(;;r into supplementary agreelllents ';,lith respect to matters reiated to payrnents from Station Account "A". 17. It is understood and agreed that Station Accounts "All and liB" as set . out in paragraphs 26 and 27 of the Ne';,icastle Agreement shall be apportioned between the Region and the Tmm in accordance with the financial obligations of the Corporation arising out of this Agreement and the Newcastle Agreement. It is further understood and agreed that any residual amount referred to in paragraph 27 (c) of the Ne\vcast1e Agreement shall be paid to the Town and not to the Region. 18. If during the duration of this Agreement and the Newcastle Agreement, the funds in Station Account "A" are totally expended, the Region agrees to advance to the To~~ the funds required for all further costs incurred by the Town under paragraphs 7(b) and 14 of the Newcastle Agreement providing such costs are approved by the Corporation as provided for in the Newcastle Agreement. Such funds will be advanced at no cost to the To\m on June 30th and December 31st of each year after Station Account "A" is totally expended. . The Corporation agrees to compensate the Region as provided for in paragraph 26 (d) of the Ne\vcastle Agreement. The Town agr.ees to waive any 'f ~ ~ . ^"~ ",," . e . J> -8.- claims against the Corporation under paragraph 26 after Station Account lIA't has been totally expended. 19. The Corporation undertakes and agrees not to interfere in any manner ~.,ith the operation of the \Vater supply intake to the Region's Water Supply Plant. It is further understood and agreed that should the construction a~d operation of the Station adversely affect the Regional Water Supply System, the Corpora tion ,;,:i11 take all reasonable 2.ction to a1.lc:via.te the situation to the satisfaction of the Region and the ~1:5.nistry of the Environment. The Corporation 1vill compensate, indemnify and hold the Region harmless from any impact or effect of the Station on the Regional Water Supply System during the life of this Agreement. 20. It is understood and agreed that the Engineering Study with re21pect to traffic access as set out in paragraph 15 of the Newcastle Agreement will be administered by a comlnittee composed of equal representation from the Corporation, the Re gi on, the Town and the Mini s try of Tr ansport at ion and Communications. 21. In the event that the initial construction of the new water pollution control plant, the provision of service to the Station referred to in paragraph 1, and all related sewer and water facilities should be located in such a manner that easements are required by the Region across and/or along the right~-of-way for the Corporation's proposed 500.000 - volt Lennox - to _ Oshawa transmission line, the Corporation agrees to grant such easements across and! or along this right-of-1.-Tay for the nominal (:onsideration of TWO DOLLARS ($2.00) provided tht~ construction, maintenance and operation t~.>, .- . .r '&' .. . \ . :~' . 'e -9- ... of these Regional facilities does not become a hazard to the Corporation's transmission lines, and provided it is within the Corporation's right to grant such easements. The granting of such easements ~;hall be othenJise according to the Corporation's normal procedures for such matters and includes a "'equirE':m,,,ot that the Region submit plans and details of the. proposed usage. It is understood and agreed that should the Corporation acquire the d.,elling and rela.ted property currently O\vTFC'd by Roy and Cozette Neads located on the east side or the Hest Beach Road at the Bowmanville Creek and comprising part of Lot II, Broken Front: Concession> Town of Ne\'Jcastle through the expropriation process nOH in progn::ss for the Lennox - to - 08h2\v<:1 transmission line, ai1d should possessi()l1 of this property be obtained by r.he Corporation prior to commencement of operation of the proposed water pollution control plant, the Corporation shall at its expense demolish the said house or have it removed from the site. 22. If it is determined through the monitoring program that the Region has incurred financial impacts from temporary workers associated with construction of the Station living beyond the boundaries of the Town of Newcastle, the Corporation agrees to compensate the Region for these impacts on termination of this Agre~nent and the Newcastle Agreement. This pa)~ent shall be outside of and in addition to payments from Station Account "B". If the Region should fail to carry out t.he obligations as set out in paragraph 2 and paragraph 3, any amounts otheI\-lise payable under the terms of this paragraph shall be forfeited. 23. It is understood and agreed that the recitals contained in this Agreement and the Newcastle Agreement and paragraphs 18, 19, 20, 23, 2Lt, 26, 27 ?? ~"-, and 28 of the Newcastle Agreement shall apply mutatis mutandis to this agreement and to the supplementary and servicing agreements and shall . w .....:' .... ."'" . -lO- .' be treated as an operative part of this Agreement. ~ 24. The Town and the Corporation hereby agree that the financial commitment of the Corporation to the Town related to Station e . Accounts "A" and "B" under the Newcastle Agreement is the financial commitment of the Corporation to the Town and the Region with the exception of the financial obligation arising out of paragraphs 1, 19, 20, 21 and 22 of this Agreement. 25. ,This Agreement shall extend to, be binding upon and enure to the benefit of, the successors and assigns of the parties hereto. IN WITNESS WHEREOF the Corporation, the Region and the Town have caused this Agreement to be executed by the affixing of their corporate seals attested by the signatures of their proper officers duly authorized in that behalf. Secretary THE REGIONAL MUNICIPALITY OF DURHAM ~~~ Chairman ~_0~ Clerk THE CORPORATION OF THE TOWN OF NEWCASTLE ~A!:--~ MaYOr" /2 ~, ~ r~ --~ Clerk # '" ~ ~ ,~. ... , .. . , . . . . DATED 1977 ONTARIO HYDRO - and - THE CORPORATION OF THE TOWN OF NEWCASTLE - aud - THE REGIONAL MUNICIPALITY OF DURHAM A G R E E MEN T