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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 ~~ _ ~ . Clerk ~ _ n. ~~ .,~ '. ., SCHEDULE " A'~ TO BY-LAW N0. 1472 OF THE CORPORATION OF THE TOWNSHIP OF CLARKE WATER WORKS PROJECT N0. 64-W-130 ~r~l ~~~w~1~11w~~~~r~~~~1~~1~r~1-II ~~Irr~r+~~r~r ~~~qr~~ 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. -z- 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 L ~ _ 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 ~: •3- 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 ~ ~ ~1~'. ~ ~.', ~ 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. .` •,, -5- . (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. ,~ ,' -G~ 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. ;~ .. • ... . ~ w.~.r..~~rws .-~.. ~...~.. . neral n~t~er THE CORPORATION OF THE TOWNSHIP 0~' CLARKE ...... .1.~. ~:............ Reeve Clerk .. ,,, ; ' 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 .~, 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 ~: $ 90,088 1?.2 , 385 $212,473 30,596 ~~ 181 877 • 7~ `G C~ ct cr O ~ c~mo 00~0~~, nN•o~;r i ww~ mm~:+o~ ~* o w ~~ ~ ~~•w ~s ~-~~ ~' CD I-'• r• O `~ O `i O U~ ~-' ~ O ~ ~ ~ ;~• cr ~. O cr W ti0 ~i c~w~ N-~ o~-.;~ ~ -~ CD ~ ~ ~h (~ '3 O (7 CD I (D I n Sv ~ O ~i M •.O 1 ~ O O ~' ~ ('~ '~ • ;y w ~w ~~ o~~m~~~o ~ o o ,~ w ~ N n ~i ~~ ~i !~ x' cr ~ ~" h--' ~~ O ct O O i-~ ~D 1 Cn ~ fJ ~ • U{ ~+ l..A~ r.~ ~~ 3 i