HomeMy WebLinkAbout1472A By-law respecting an agreement between the Ontario Water Resources Commission and the Township of Clarke.
of the TOWNSHIP OF CLARKS .enter into an agreement with the
Ontario water Resources Commission with respect to the construction
and operation of Project No. 64-W-13~hich was described in a
preliminary way in Schedule "C" to By-iaw No. 1419_.,-for and on
behalf of The Trustees of the Police Village of Orono.
BE XT THEREFORE ENACTED by the Council of the
Corporation of the TOWNSHIP OF .CLARKS as fo~lowsa
The Reeve and Clerk are 'hereby authorized
and directed to execute are agreement with
the Ontario Water Resources Commission
in the form attached hereto as Schedule "A".
READ A FIRST TIME on the N~~/rN day of MARCH 19 G5'
READ A SECOND TIME on the I/.~NrN day of rr~lA~2~N 19 ~~
READ A THIRD TIME and finally passed on the //;~v'TN day of
MARCH 19 ~,r6
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Clerk ~ _ n.
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SCHEDULE " A'~ TO BY-LAW N0. 1472 OF THE CORPORATION OF THE
TOWNSHIP OF CLARKE
WATER WORKS PROJECT N0. 64-W-130
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THIS AGREEMENT made in triplicate this 15 day of
March ,One. Thousand Nine Hundred and Sixty Five
BETWEEN;
ONTARIO WATER RESOURCES COI~Il~iISSION
hereinafter called the "Commission"
OF THE FIRST PART
-and -
THE CORPORATION OF THE TOWNSHIP OF CLARKE
hereinafter cal led the "Mun is ipal ity"
OF THE SECOND PART
WHEREAS the Municipality has requested the Commissioa
to provide and operate water works for the Municipality and
its inhab~,tants;
AND WHEREAS the Commissioa has agreed to do so;
AND WHEREAS the Council o~ the Municipality has on
the 9th day of March 1965 passed, By-law No. -1472
autboriziag the Municipality to enter into and to execute
this Agreement;
~, AND WHEREAS the Municipality has. applied to the
Pxov lace of Ontar i0 pursuant to The Mun is ipal Works Assistance
Act, 1963, and the provisions of an Agreement between the
Prov lace and the k~un is ipal Development $nd Loop Board, made
thereunder, for $ loan for the purpose of assisting in the
construction of the said water works;
THIS AGREEMENT WITr1ESSETH that in consideration of
the covenants condiCions and payments hereinafter set forth
Land pursuant to section 39 of The Ontario Water Resources
ICommiss.ipa Act, R~S.O. 1960, chap! 281, the parties hereto
respectively agree as follows:
Sect ion, A,:, Co¢~struct ior-_and,~~„erat ion
1. The ComaQissioq shall construct, acquire or provide at its
~pwn expense, a water works project in accordance with the
Schedule setaahed hereto.
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2. All property acquired or provided by the Commission for
the purpose of this .Agreement shall be and remain-the property
of the Commission .until ownership thereof is transferred by
the Commission as hereinafter provided.
3. The Commission will exert all reasonable efforts to.
ensure that in the construction of the said water works project,
(a) No person shall be refused employment or otherwise
discriminated against in regard to employment
because of such person's race, colour, religion or
national origin;
(b) Canadian labour, parts and matezials are used to
the extent that the .same are reasonably procurable;
(c) All employed persons are paid thQ going wage rates
and that, save in emergency conditions, the hours
of work will not.eaceed a reasonable maximum per week.
~4. (i) The Commission shall permit persona authorized by
the said Board,.
(a) to enter upon and inspect. the said water works
.project during the construction thereof;
(b) to examine from time to time books, records and
accounts in respect of the construction of the said
water works project maintained by or under the
control of the Commission,
(ii) In the ~-election of contractors to carry out the
construction of the said water works project, publicly
advertised tenders will be sought and, except with the.
approval of the Province, the wo~:k will be A~~arded to the
lowest qualified tenderer;
(iii) To the extent possible, the construction of the
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said water works project will be proceeded with during
the winter months.
S. The Commission shall manage, operate, repair and ~aint$~in
the said water works project and 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, repairing or e:ct~ending the said water woz:';s
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project, but the Commission shall, when practicable, endeavour
to give to the Municipality reasonable notice of intention to
shut off or reduce the supply of water.
6. The Municipality shall, if and as required by the
Commission, pass by-laws for the regulation 8nd control of
the use of water and the conservation of water within the
Municipality.
7. The Municipality shall not permit any person not
located within the 1 im its of the Municipality to connect to
or obtain water from the said water works.project except with
the prior written approval of the Commission.
8. The Municipality shall not permit any connection to the
Municipality's distribution system directly or indirectly from
other sources of supply nor shall the Municipality permit
contamination to gain entrance to the Municipality's water
mains. Ia the event. that either of these contingencies should
.,occur, the Municipality shall immediately tape such steps as
~imay be necessary to terminate such connection or contamination.
9. .The Municipality agrees in accordance with section 40 of
The Ontario Water Resources Coa~ission Act, R,S.O. 1960, chap.
281, to pay .to 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,
(i) The groportion payable by the Municipality, as:
adjusted by the Commission, of the total amount of interest
and expenses of debt service payable by the Commission in
each such year in respect of all borrowings of th~a
Commission from time to time outstanding and hereto€ore or
hereafter made by the Commission for the purpose of
meeting the coat or estimated coat of all water works
projects 8nd sewage worla projects at any time i~eretofpre
or hereafter acquired, provided or constructed or in
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course of acquisition, provision or construction by the
Commission pursuant to any agreement or agreements, or for
any other purpose of the Commission respecting such projects
including the refunding or repayment in whole or in part of
any such borrowings;
(ii) 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
(iii) The total amount in each such year pla~.ed by the
Commission to the credit of a reserve account for renewals,
replacements and contingencies in respect of the said water
works project; but not exceeding 1~7o in any one year of
the cost of tk~e said water works -project.
(b) In each calendar year for thirty years commencing
with the calendar year in which occurs t~:~e date of
completion of the said water works project, such sum
as would be necessary with .interest compounded
annually thereon at the rate per annum specified
in paragraph 2 of subsection 1 of section 40 of
The Ontario Water Resources Commission Act, R.S.O.
19b0, chap. 281, to form at the expiry of thirty
years a fund equal to the cost of said water works
project.:
(c) All amounts payable to the Municipality by the •
Province pursuant to the said loan .may be paid by
the Province to the Coa~~uisR9.~n on behalf of the
Municipality and upon receipt of the said amounts,
the Commission shall deduct the said..-amounts from.
the cost of the said water works project.
(d) The Commission shall not call on the Municipality
to pay any share of the debt due the Gommission by
any other mun is ipal ity which has already beet
apport ioaed and allocated to such other mein is ipal ity
and the payment of which is in arrear.
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. (a~ The Municipality shall pay the Commission quarterly
and not later than the 15th days of March, Juae,
September and December in each y+~ar the sums due
by the Mun is ip 1 it~~, all in accordance with sect ion
42 of The Ontario Water Resources Commission Act,
R.S.O. 19G0, chap. 281..
(b) In each ca].eridsr year, the Commission shall deliver
to the Municipality a statement showing how the
charges, ad~ustme:~ts and allocutions are made up.
t ion C -
1. (a) This Agreement shall remain in force for thirty
calendar years following the date of completion of the
said water works pru~ect and shall continue in force
thereafter until all 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 tl.e Commission.
(b) The property of the Commission acquired or provided
solely for the said water works project, save and
except the balance remaining to the credit of the
reserve account referred to in paragraph 9(a)(iii)
hereof, shall, at the request of the Municipality in
writing, be transferred to the Municipality on
completion of the said water works project and tine
said balance, together with all earnings allocated
and credited to the reserve account under paragraph
12 hereof, shy .!,1 be transferred. to the Municipality
on the termination of this Agreement.
(c) Notwithstanding paragraph 11(b) above, the Commission
shall, continue to managa, operate, repair and maintain
the said water works pro,~ect until the termination
of this Agreement.
12. The appropriate share of earnings on the Ontario Water
Resources Commission Reserve Account end on the investment
thereof shall be allocated and credited to the reserve account
referred to in paragraph 9, in s.ccoxdaace with section 433)
I~of The Ontario Water Resources Commission Act, R.S.O. 1960,
chap. 281.
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13. Anything herein contained to the contrary notwithstanding
each and every of the provisions of The Ontario Water
Resources Commission Act, R.Q.O. 1960, chap. 281, any
substitutions therefor or amendments thereto, and regulations
thereunder shall be terms of this Agreement, and this
Agreement shall be read and construed as if .such provisions
had been written herein, and in the event of any conflict,
ambiguity or incons iste;icy between a~~y provision of this
Agreement and any provision of the said Act or regulations,
the Act or regulations shall. prevail.
14. In the event of any dispute or difference arising between
the parties hereto as to the interpretation of this ~'.greement
or the payment, adjustment or apportionment of any sums
payable by the Municipality hereunder, such dispute or
difference shall be referred to arbitration in accordance with
section 40 of The Ontario Water Resources Commission Act,
R.S.O. 1960, chap. .281, and the parties hereto agree to be
bound thereby.
IN WITNESS WHEREOF the Commission and the Municipality
ONTARIO WATER RESOURCES COMMISSION
have caused this Agreement to be executed by the affixing of
their corporate .seals attested by tine signatures of their
proper officers duly authoxized in that behalf.
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.. • ... . ~ w.~.r..~~rws .-~.. ~...~.. .
neral n~t~er
THE CORPORATION OF THE TOWNSHIP 0~' CLARKE
...... .1.~. ~:............
Reeve
Clerk
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SCHEDULE T4 AGREEMENT BETWEEN
ONTARIO WATER RESOURCES COMMISSION
and the
CORPORATION OF THE TOWNSHIP OF CLARKE
Consulting Engineers: Marshall, Macklin, Monaghan Ltd.
D E T A I L S: WATER bIORKS PROJECT 64-W-130
Construction of the work described as follows:
A water works system to serve the Police Village of Orono
consisting of water mains as follows:
ON
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Main Street
Main Street
Mill Street
Church Street (South)
Church Street (North)
Somerville Drive
Cobbledick Street
Duchess Street
Station Street
Princess Street
Victoria Street
Centre Street
Park Street
Station Street North
Millson Hill Drive
Churchill Avenue
Dickson Street
Easement
Rd. Allowance &
easement
FROM
Somerville Drive
1270' south of Millson
Hill Drive
Main Street
Somerville Drive
320' south of Park St.
Main Street
Main Street
Main Street
Main Street
Ctrsxch Street
Main Street
Main Street
Main Street
Cobbledick Street
Main Street
Church Street
Mill Street
Standpipe
Mill Street
TE?
Mill Street
N. L. of Village
S . L. of Cemetery
250' north of
Station Street
Church ill Avenue
Hwy, ~~35 & 115
Station Street North
Church Street
S00' south-east of
Princess St.
347' easterly (End
of Street)
Church Street
1015' easterly (End
of Street)
757' easterly
(Fairgrounds
497' northerly (End
of Street )
Mill Street
230° easterly (End
of Street)
Church Street
Mill Street
E. L. of Hwy. ~~35
& 115
incls~ding service connections from the distribution main to the
property line, together with a deep well and pumphouse equipped
with a 75 GPM vertical turbine deep well pump to be located on
Mill St. approximately 1060 ft. north of Millson Hill Drive and a
150,000 gallon steel stand pi~;e and appurtenances to be located
adjacent to the south limit of Orono Cemetery approximately 260
ft. west of Mill St.
Contract ~I~1 (F.E. Johnston)
Contracr_ ~~2 (Jahn Gaffney Const. )
Co:~tract #3 (Bridge ~ Tank Co.)
Engineering
Land, legal & surveys
Interest
$ 9 , 54f~
157,400
21,474
17,887
2,000
4.166
?.12 473
Debt to OWRC
Debt to Municipal Development & Loan Board
Less MDLB Write-off
Estimated Net Long Term Debt
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$ 90,088
1?.2 , 385
$212,473
30,596
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181 877
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