Loading...
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. !: , ~r 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 - and - 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. - ~. - 2 - 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 - . .. 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 +rwr-ter .r-~~ w w.r+^~~w• (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 ~Y ~- !~ Imo. .~~~-~ .1 .~tl~.I I ICY. I II~~.I*A 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. W3 ,~ .. ,. - 2 - 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 W3 -3- 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 ~~ 1y ~ J ~ r ' • -. 4 .. 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 ,y• ., '> 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 -- ___._. 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 • x • C f I-' '~ ~ ~ o ~~3 ~ R- w ~ ~~ : ~- ~-+- G ~ ~~o<uo ~-sorn~wo~ro~+, w w w ~- ~ ~~ n ~+~ c~ ~ c~ a. ~. s~. a m ,~ o o ~ ru r- ~ o ~~=~ ~ ~ www c • . ~~ ~~,~ ri- :~ RJ Q. ~' w U7 U1 C~' (~ Qt (~ C+ U1 ~~ O G~ CD ~ G" r'• w ~' t 3 ' ~s a.~ ~+ cry ~`~_ F,,`' w ~, ~ ~i M F-~ c+ ~ -t rr tD ~,. O ~ ~ v ~' cr rJ w n ~r w ct m ~ • J X11 • ~ ~ / ~ I~---~ tT~ 7 fi ~ \ U f~ ! ( l l 11 r ~ ry /'~ r'. ~ CJ ~ O f1.,S'F-'~D CG Jo ~ to : J ~ ~' - ~) ~_ 4~'~ sw ~ Ss. rJ `$ u n ~ u• (~ ~" o w ~ !D N ~ I 'S i7 (D o 5\ :-~ N W ~o i~ l.J