HomeMy WebLinkAbout2009-147CORPORATION OF THE MUNICIPALITY OF CLARINGTON
BY-LAW NO. 2009 - 147
being a by-law to enter into an amending agreement between the Corporation of
the Municipality of Clarington (Clarington), the Corporation of the Municipality of
Port Hope (Port Hope), and Her Majesty the Queen in Right of Canada as
represented by the Minister of Natural Resources (Canada).
WHEREAS the parties to the Agreement for the cleanup and long-term safe
management of low-level radioactive waste between Clarington, Port Hope and
Canada (Legal Agreement) have agreed to amend the Legal Agreement;
AND WHEREAS the purpose of the Amendment, being Amendment No. 3 to the
Legal Agreement, is to clarify that no waste other than the Waste provided for in the
Agreement will be accepted at the New Port Granby Waste Management Facility or
the New Port Hope Waste Management Facility;
AND WHEREAS the terms of Amendment No. 3 to the Legal Agreement are
attached hereto as Appendix "A";
NOW THEREFORE BE IT RESOLVED THAT the Council of the Corporation of the
Municipality of Clarington enacts as follows:
1. THAT the Agreement to amend the Legal Agreement between Clarington, Port
Hope and Canada, being Amendment 3 and attached hereto as Appendix "A", is
hereby approved; and
2. THAT the Mayor and Clerk be hereby authorized and directed to sign the said
Amending Agreement and any related documentation to carry out the purpose of
the by-law.
BY-LAW read a first time this 26th day of October 2009
BY-LAW read a second time this 26th day of October 2009
BY-LAW read a third time and finally approved this 26~' day of October 2009
G~berr~efavy, Mayor
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Patti _ +ri unicipal Clerk
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AMENDMENT #3 TO
AN AGREEMENT FOR THE CLEANUP
AND THE LONG-TERM SAFE MANAGEMENT OF
LOW-LEVEL RADIOACTIVE WASTE
SITUATE IN THE TOWN OF PORT HOPE, THE TOWNSHIP OF HOPE
and THE MUNICIPALITY OF CLARINGTON
AMONG:
THE CORPORATION OF THE MUNICIPALITY OF PORT HOPE,
A Municipal corporation pursuant to the Ontario Municipal Act
(hereinafter referred to as the "Municipality of Port Hope")
OF THE FIRST PART
THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON,
A Municipal corporation pursuant to the Ontario Municipal Act
(hereinafter referred to as the "Municipality of Clarington")
OF THE SECOND PART
AND
HER MAJESTY THE QUEEN IN RIGHT OF CANADA
as represented'by the Minister of Natural Resources
(hereinafter referred to as "Canada")
OF THE THIRD PART
WHEREI~S the former Corporation of the Town of Port Hope, the Municipality of
Clarington ahd the former Corporation of the Township of Hope entered into an
Agreement for the Cleanup and the Long-Term Safe Management of Low-Level
Radioactive Waste situate in the Town of Port Hope, the Township of Hope, and the
Municipality of Clarington on March 29, 2001 (hereinafter referred to as the "Original
Agreement");
AND WHEREAS, as a result of municipal restructuring in the Province of Ontario,
effective January 1; 2001, the Corporation of the Township of Hope and the Corporation
of the Town of Port Hope became the Municipality of Port Hope;
AND WHEREAS the parties amended the Original Agreement on October 7, 2003;
AND WHEREAS the parties further amended the Original Agreement on October 20,
2006 (the Original Agreement as amended is referred to hereinafter as the "Original
Agreement As Amended");
AND WIiEREAS the. Municipality of Clarington has requested that. the Original
Agreement be further amended to incorporate a provision to clarify that no waste other
than Waste provided for in the Agreement will be accepted at the New Port Granby
Waste Management Facility or the New Port Hope Waste Management Facility;
AND WHEREAS the Municipality of Port Hope, the Municipality of Clarington, and
Canada have approved this requested amendment;
NOW, THEREFORE, in consideration of the mutual covenants contained herein, the
Municipality of Port Hope, the Municipality of Clarington, and Canada agree to amend
the Original Agreement As Amended as follows:
Part B of Schedule 1 of the Original Agreement As Amended is further amended
in respect of the New Port Hope Waste Management Facility by adding to the
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section respecting the Municipality of Port Hope, at the end of the text under the
sub-heading "Materials to be accommodated:" the following:
- for clarity, only Waste located within the boundaries of the Municipality of
Port Hope, as they existed on January 1, 2001, will be accommodated in
the New Port Hope Waste Management Facility."
2. Part B of Schedule 1 of the Original Agreement As Amended is further amended
in respect of the New Port Granby Waste Management Facility by adding to the
section respecting the Municipality of Clarington at the end of the text under the
sub-heading "Materials to be accommodated:" the following:
- for clarity, only Waste located within the boundaries of the Municipality of
Clarington, as they existed on January 1, 2001, will be accommodated in
the New Port Granby Waste Management Facility."
IN WITNESS WHEREOF this Amendment has been executed on kiehalf of the
Municipality of Port Hope, the Municipality of Clarington, and Canada by duly authorized
representatives.
The lUlurlicipality of
Per:
~~ .
6ctober c ~ ,
The`Munidlpa~ity of Clarington
Per:
Susan Dawe, M cipal Clerk
'" Jim- ., hy, flay atti a ,Municipal Clerk
' c~r 26`". 2009
Her Majesty the Queen in Right of Canada
Per:
1N~atuCal Resbutces
Oeteder ~, 2009