HomeMy WebLinkAbout1419A By-law of the Corporation of the Township of Clarke to execute agreements with the Ontario Warer Resources Commission for the provision of water supply facilities in accordance with the project described in Schedule "C" for and on behalf of the Trustees of the Police Village of Orono.
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SCHEDULE "A" TO BYLAW N0. OF THE CORPORATION OF THE
TOWNSHIP aF CLARKE
AGREEMENT FOR THE PRELIMINARY WORK on a WATER WORKS PROJECT
B E T W E E N:
ONTARIO WATER RESOURCES COMMISSION
~hereina eri calle a ommiss on")
OF THE FIRST PART
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THE CORPORAi IO OF THE TOYYI~bY~il P OF CLARKE
areinaftar ca led a Munic Polity
OF THE SECOND PART
WHEREAS the Ontario Municipal Board has given a
tentative approval to the riunicipality's entering into an
agreement with the Commission for the provision of water
supply facilities by the Commissior, for the riunieipality
and has authorized the Municipality to ex~aend certain monies
in connection with preliminary work Hereon;
AND WHEREAa trig Agreement is to provide for the
perform;ng of certain preliminary work and the payment of the
costs t:~ereof in tha event that the venture should fail by the
Failure to obtair, final approval of the Ontario Municipal
Board; and for the execution off' a project agreement 3f the
said final approval should be obtained;
WyTNESSETH;
1. The Commission shall,
(a) carry out necessary ine~.deDtal work in
preparaic~.on for the project which may include
we?J. development, test pumping, surveying,
acquisition of property and test boring, and
(b) re*.ain Consulti:~g Engineers for the preparation
ox' working plans and specifications and call
tenders,
all for the project described in Schedule "C" to
Bylaw No.
2. The Municipality shall give such assistance as may
be required in negotiation and acc±uisition of any
necessary land and easements.
3. In the event the venture should fail as aforesaid
tine Municipality shall pay or reimburse the '
Commission all costs incurred by the Camm~.ssion
as a consequence of paragraph 1 up to and in-
cluding the time of final reosipt, of tenders
and the appllcati on far the approval of the
Ontario Municipa]. Board.
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4. As and when the final approvals of the Ontario
Municipal Board are obtained from time to time
for the stages into which the pro3ect.described
in Schedule "C" to By-law No. may be
broken for the purpose of calling tenders, the
Municipality shall at such tiunes execute Agree-
ments with the Commis8ion substantially the
same as the Agreement attached hereto as
Schedule "A" for such stages.
DATED THIS day of 19
ONTARIO WATER RESOURCES COMIKISSION
..................................
Chairman
General Manager
THE CORPORATION OF THE Tt~MF1SN ~ P OF CIARKE
...................................
RED
Clerk
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SCHEDULE "A" TO AGREEMENT FOR PRELIMINARY 1tY~ORK
SCHEDULE "B" TO BY-LAW N0, OF THE CORPORATION OF THE
Tt'~NNSH i P Otr CLARKE
4JATER WORKS PROJECT N0.
THIS AGREEMENT made in triplicate this day of
One Thousand Nine Hundred and
B E T W E E N ONTARIO WATER RESOURCES_COMMISSION
(Hereinafter called "The Commission")
OF THE FIRST PART
- a~td ~
THE COR„~ORATION OF THE T4)1NNSN1 P OF CURKE
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(Hereinafter called 'The Municipality")
OF THE SECOND PART
WHEREAS the Municipality has requested the Commission to
provide water supply facilities for the Municipality and its
inhabitants;
AND WHEREAS the Commission has agreed so to do;
AND WHEREAS the Council of the Municipality has on the
day of 19 passed Bylaw No. authorizing
the entering into this Agreement and the execution of this
Agreement by the Municipality.
THIS AGREEMENT WITNESSETH that in consideration of the
premises and the covenants,. conditions and payments heteinaf ter
set forth, the parties hereto respectively agree une Section
39 of The Ontario Water Resources Commission Act, R.S.O. 1960,
c. 281, as follows:
Section A - Construction (Structures and Assets)
1. The Commission shall construct, acquire or provide at its
owr. expense, a water works project in accordance with the
Schedule attached hereto which water works project will be
identified as Project No.
2. A11 property acquired or provided by the Commission for
the purposes of this Agreement shall be and remain the
property of the Coa~anission until ownership thereof is
transferred by the Commission as hereinafter provided.
Section B - Mai~}*ena~}ce and O.peratd.on
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3. The Commission shall provide for the management and control,
operation and maintenance of the said water works project,
but the Commission shall have the right to shut off or
reduce the amount of water supplied to the Municipality in
cases of emergency or breakdown or when it may be necessary
in maintaining or extending the system, but the Commission
shall endeavour wherever possible to give to the Municipal-
ity reasonable notice of intention to shut off or reduce
the supply of water.
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4. The Municipality shall, if airl as required by the
Commission, pass by-laws for the regulation and control
of the use of water and the conservation of water within
the Municipality,
5. The Municipality shall not permit any party not located
within the limits of the l~nicipality to connect to or
obtain water from the said water works project except
with the approval of the Commission.
6. The Municipality shall not permit any connection to the
Municipality's distribution system directly or indirectly
fraan other sources of supply nor shall the Municipality
permit contamination to gain entrance to the Municipal-
ity's water mains. Ir.. the event that either of these
contingencies shorilci cccu:c, then the Municipality shall
immediately take suc?~ steps as may be necessary to
terminate such connection or contamination.
Section`C„~ Charges
7. The Municipality agrees in accordance with Section 40
of The On~ario Water Resources Commmission Act, R.S.O.
1960, c. 281, to pay the Commission the following sums:
(a) In each calendar year during the currency of this
Agreement, commencing with the calendar year in
which occurs the date of completion of the said
water works project,
(1) The proportion payable by the Municipality,
as adjusted by the Commission of the total
amount of interest and expenses of debt ser-
vice payab Ie by the Commission in each such
year in respect of all borrowings of the
Commission from time to time outstanding and
heretofore or hereafter made by the Cor+mission
for the purpose of meeting the cost or esti-
mated cost of all water works projects and
sewage works projects at any time heretofore
or hereafter acquired, provided or constructed
or in course of acquisition, provision or
construction by the Commission pursuant to
any agreement or agreements, or for any other
purpose of the Comnaiss ion respecting such
projects including the refunding or repayment
in whole of in part of any such borrowings;
(11) The total cost to the Commission in each such
year of the operation, supervision, maintenance,
repair, administration and insurance of the
said water works project; and
(111) The total amount in each such year placed by
the Commission to the credit of a reserve
account for renewals, replacements and con-
tingencies in respect of the said water works
project; but not exceeding 1 1/2% in any one
year of the cost of the saidwater works project.
(b) In each calendar year for THIR7Y years coaunenc-
ing with the calendar year in which occurs the
date of completion of said water works project,
such sum as would be necessary with interest
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compounded annually thereon at the rate per annum
specified in paragraph 2 of subsection 1 of
Section 40 ,e~ .fie Ontario Water Resources Comanis-
sion Act, R.~S.40. 1960, c. Z81, to form at the
expiry of ~-~h~~TY yeaxs a fund et~ual to the
cost of said water works project.
(c) The Commission shall not call on -the Municipality
to pay any share of the debt due the Comimission
by any other Municipality which has already been
apportioned and allocated to such other municipal-
ity and the payment which is in arrear.
8. (a) The Municipality shall pay the Commission quarterly
and not later than the 1Sth days of March, June,
September and December in each year the sums due by
the Municipality, all in accordance with Section 42
of The Ontario Water Resources Commission Act, R.S.O.
1960, c. 281.
(b) Zm each calendar year, the Commission shall deliver
to the Municipality a statement showing how the
charges, adjustments and allocations are made up.
S,ec,t~~on„D„~ G~er„al
9. (a) This Agreement shall remain in force for 'n~arv
calendar years following the date of completion of
the said water worm project and shall continue in
force thereafter until ell obligations of the
Municipality to the Commission have been discharged
to the satisfaction of the Commission, as evidenced
by a certificate under the seal of the Commission.
Thereafter, the assets of the Commission acquired or
provided solely for the said water works project
shall, aG the option of either party to this Agree-
meet, be transferred to the Muue~i-pality.
(b) Where, however, the project serves m~micipalities
or persons other than the Municipality party to
this Agreement, neither shall this Agreement ter-
minate nor shall the ownership of the said assets
be transferred unless and-until it is shown to the
satisfaction of the Commission that, in addition,
(1) All the. o~iligator~s to the Commission of such
other participants have been discharged,
(11) The Municipality party to this Agreement has
relieved and will indemnify the Commission
from any obligations which the Commission may
have arising in any way out of the participa-
tion in the project by such other participants;
and
(111) The Municipality party to this. Agreement has
agreed with each of such-other participants
as to the terms and 'conditions under which the
Municipality party to this Agreement will take
over .the assets as aforesaid.
10. (a) The Commission may, but only after prior consults-
tion with the Municipality party to this Agreement,
permit any other municipality, person or persons to
connect directly or indirectly to its water works
project on such equitable terms and conditions as
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the Co~imission may think fits .and ft shall not be
held that the water works project contemplated
under this Agreement is exclusively for the pur-
pose of the Municipality party to this Agreement.
And for such purpose the Commission shall have
power to extend, alter or enlarge the water works
project as it deems necessary provided that no
additional capital costs therefor shall be charged
hereunder to the Municipality party to this Agreement,
(b) In the event that the Commission shall permit any
other municipality, person or persons to connect
as aforesaid, the Commission in readjusting the
proportion payable by the Municipality party to
this Agreement shall have regard, inter ells, to
the amount of capital costs of the water works pro-
ject already paid off, to the age of the project
and to the needs of the party or parties eo per-
mitted to connect, subject to the right of the
Municipality to arbitrate the same under Section 40
(3) of The Ontario Water Resources Commission Act,
R.S.O. 1960, c. 281,
11. The appro~?riate share of earnings on the Ontario Water
Resources Commission Reserve Account and on the invest-
ment thereof shall be allocated and credited to the
reasrve account referred to in clause 7, in accordance
with Section 43 (3) of The Ontario Water Resources Commis-.
sion Act, R.S.O. 196x, c. 281,
12• Anything herein contained to the contrary notwithstanding
each and every of the provisions of The Ontario '~~later
Resources Commission Act, R.S.O. 1964, c, 281, any sub-
stitutions therefor or amendments thereto, and regulations
thereunder shall be terms of the within Agreement, and this
Agreement shall be read and construed as if such provision
had been written herein, and in the event of any conflict.,
ambiguity or inconsistency between any provision of tk~is
Agreement and any provision of the said Act or regulation a,
the Act or regulations shall prevail.
IN jdIT1V~ESS WREREOF the Commission and the Municipality 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.
ONTARIO MATER RESOURCES COMMISSION
•••~••irs••••••••s1.•••••~••••r•~•re
Chairman
~ • • 1 • i • • • • • • • ~ • • • • • ~ • • • • • • • • • ~ • 1 • ~ •
General Manager
THE CORPORATION Ok' THE TOWNSHIP OF CLARKS
•~•~•r•i~a•••r.riiss•r1i•••riirr+••
REEVB
s••1••i•r•~i•Ii••i•i••••i••••••~•i•
Clerk
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SCHEDULE "C" TO BYLAW N0.
OF THE CORPORATION OF THE TOWNSHIP OT
°~ ~CLARKE
SCHEDULE TO AGREEMENT BE TWEET
ONTARIO WATER RESOURCES COMMISSION
THE CORPORATION OF THE TOWNSHIP OF CI,ARKE
D E S C R I P T I O N O F P R O J E C T
Consulting Engineers: Marshall, Macklin & Monaghan Ltd.
D E T A I L S: WATER WORKS PROJECT
The construction of a water works system to serve the
Police Village of Orono, consisting of wader mains.
~`N FROM
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Main Street Somerville. Drive
Main Street 200' South of Park
Street
Main Street 1270' South of
Milson Hill Drive
Mill Street Main Street
Unnamed Street 350' North
of rTilson Hill Drive Mill Street
Milson Hill Drive Mill Street
Churchill Avenue Church Street
Dickson Street Mill Street
Centre Street Main Street
Park Street Main Street
Princess Street Station Street
Victoria Street Main Street
Cobbledick Street "a n Street
Duchess Street Main Street
Somerville Drive Pumping Station
Church Street Somerville Drive
Church Street 320' South of
Park Street
Station Street Main Street
Unnamed Street Station Street
TO
130' North of
Centre St.
Centre Street
North Village Boundary
North Village Boundary
East Village Boundaz~~r
Main Street
370' Easterly
Church Street
1000' Easterly
760' Easterly
270' Easterly
Church Street
750' East of Church St.
Church Street
1080' East of Main St.
250' North of Station
Street
90' PTorth of
Churchill Ave.
1090' East of
Main Street
800' East and North
of Station Street
including service connections from the distribution main to the
property line, and together with the construction of a 150 GPM
capacity gravelled wall well and umphouse to be located on
Somerville Drive anproximately.60~ feet west of Main .Street,
TOTAT_• ESTT~°ATED COST INCLUDING ENGINEERING AND CONTINGENCIES
~l, ?4.896.50
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