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THE CORPORATIbN THE V I LLAGt
OF OF NEWASTL
•
LAW
BY NO 770
13WREAS THE CORPORATION OF THE VILLAGE OF. NZWOAs-mg
'IDES I RIES TO EXECUTE AGREEMENTS WITH THE ONTARIO WATER RESOURCES
COMMISSION FOR THE PROVISION OF WATER SUPPLV FAO ILITIES IN ACCORDANCE
WITH THE -SCRIBED IN SCHEDOLE C TO �TH 18 BYLAW'
PRO.4ECT DF
AM 1HERUS SUCH AGREEMENTS WILL NOT BE EXECUTED UNTIL THE
MCCEGSARY APPROVALS OF THE. ON*AR 10 MUN I C I PAL BOARD HAVE SEFN OBTAINEO
BE IT THEREFORE-ENACTED i3v - THE CouNoIL OF THE CoR'PORAT,ION
or THE V1 L.1.Aat 'OF NEW<lASTLC AS FGLLOWS:
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s,�GbA _ 9 d« a JL vz- U&ILU G aG *�u IUa. vca vi a p ry i 16 agreemetnL mi- Tone
Said final' approval should be 'ubta..ned,
WIT,.NESSETH: • .
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The Commission" sh
. a1.].,
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(a) retain Consulting Engineers for the preparation
of w -3rk;.ng plans and specifications and cal.l
_._._ tend
: $; and
- -
(b) cart out ne�cessar incidental 1 work in
preparation for the rro i ect which may include
surviey ing, acquisition of property, and test
boring;
t,
, �r ,r•� taii for the project desoribe d i n Schedule o
No*
y l aw
2.
The Municipality she give 11 iv such asef stance as may
required in negotiation and acquf sit1or• of any
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necessary land and easements.
Il the event the venture should rail as aforesaid
the Mini.csipality ' ,shall pay or reimburse the
'
,
onnissi.on 1 costs
all 3.ncurred by the Coanui s sd.on
as a consequence of paragraph 1 up to and. in-
.,
eluding the Ume or final receipt of tenders
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and the application for the app�rovaI of the
Ontario Muntelpal Board
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SCHEDULE "A" To AGF404ENT FOR PREL t M i NARY WORK
inhabitants •
AND yet
WHEREAS the Commission -has agreed so to do';
AND WHEREAS the Counc i 1 of 'the R M utic ipal ity has on the r
,
day of . 19 passed Bylaw No, authorizing
enter in
the
g into this Agreement and the execution of this
Agreement by the Municipality.
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THIS AGREEML''NT WITNESSETH that in consideration of the
Pr and the covenants conditions and
p , payments hereinafter
set forth, the parties hereto respectively agree under Section
39 of The Ontario Water Resources Commission Act, R. S.4. 19603,
c. 281, as fo-Ilows
Sec on A Cons tract Lon Structures gad As 8 ets
F
I*' The Commission shall construct acquire or provide at its
oun expense, a water works project in accordance with ' the
Schedule attached hereto which water works project will be
A identified as Project No.
Z. All property acquired oar provided by the Comaaission for
;y the purposes of this Agreement shall be and remain the,
property of the Com mss ion. until ownership thereof is
transferred by the Commission as here inaf ter provided.
}
Jenangg andfter
111clIgn a lk &&JOAO
3 • The Commission shal l ' provide for the msnegeaWnt 'and control $
operation and maintenance of the said water works project,
but the Commission shall have tine right to shut off or
reduce the amount of water supplied to the Municipality in
cases of e & or ` reaki ® r when it may be necessary
In matar �.x ::: ,T Jl: a , � :: i f �� a
�� �: � � V Mt e m, but the Commiss ion
Id
shall e (d� your he e e po s i le o
give to the micipal
r ,
Ity reasonable notice of intention on to shut off or reduce
the supply of water,
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compounded annually thereon at the rate per annuma
.specified in paragraph 2 of subsection 1 of
Section 40 of The Ontario Water Resources Commis-
sion Act, R.S.O. 1960, c!, .281, to form at the
expiry of TH i QTY years s fund e1qua 1 to the,
cost . of said water works project.
The Commission shall- not call on the Municipality
to pay any share ,of the debt due the Commission
by any other khan is ipa l i ty which has.. already been
.apportioned. and allocated to such other murnicipal-
i ty and the payment which is in arr. a ar .
i
f r 1
t
The Mun is ip a 1 i ty shall pay the Commis s ion quarterly , .
.
IP
September and December in each .year the sums due by
f r 1
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The Mun is ip a 1 i ty shall pay the Commis s ion quarterly , .
and not later than the .15th 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, 0. .
1960 c e 281
(b),,
In each calendar year , the Commission shall deliver
to the i+Iunicipality a statement showi ng, how the
charges, adjustments and allocations are made up.
Section D - General C
9. (a)
Thin Agreement shall remain in force for TNIaTY
calendar years following the date of comp letiont of
a the said water works project and shall continue in'
force thereafter until all ob 1 igat ions of the
..
Municipality to the Commiss ion. have been 'discharged
to. the satisfaction of the Commiss ion, as evidenced
by a c art if irate under the seal of the Commission'
. ,
T'hereaf ter, the assets of the Commission acquui teed or
provided solely for the said water works project
! ,
shall, at the option of either party to this degree- ;
- -
meat, be transferred to the %mle alit -
(b
Where, however, the project serves munic,ipalit %s
or persons other than the Municipality party to
I
this eement neither shall this -
, Aggreement ter
;,-
minate nor shall, the ownership of the said assets trio
transferred unless and until ' it is shown to the
.- . s.at is f act ion of the Com niss ion that, in addition,
-
.F !
o) (1) All the obligations to the is Sion of such-
:
.I s~
other participants `
have been discharged,
fi
The . (IL Municipality party to this Agreement has
relieved and will indemon i.f y the Co�mm�is s ion
a
from any obligations which . the Connaiss ion may
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have arising in any way out of the par t is ipa -
I
t ion in the
project by such other participants;, .
and
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111:) The Mum iclpality P ar ty to . this Agreement has
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agreed with each of such other participants
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as to the terms and conditions
oors vetder which the
municipality panty to this Agreemmt will take
over the assets as aforesaid.
( &),
The Commission may, but only after prior congulta-
tion► with the Mwnicipality party to title Agreemnt, '
i►ernd.t any other manic ipa linty , person or persons to
P
Camoct diro qtly or indirectly to its water works
17 xl
project an such equitable term and conditlaw as ,I
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Schedulii A f or such stages .
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3 2 by S n 1. 4N3CSg
111, ,Ir;?°O
�. SCAMULE "A TO AGREEMENT MR 'REL t M" I NARK/ ?J10 M<
as is
S U1WU_ I E B. TO B1 -LAW N0. 770 OF THE wKrV tAL A yr OF Z'HE
V1 t t bn;r n! MP%1JPde1ri r all
and
COUOUTION OF THE V 1 L1.AGE of NEWCASTLE
��. ., .: �3te�.e3,� ��t -ems• r. s 1 '� o� �1.T'%� M»r� � n � �� � � fi'c�11i
M
Z.
property for A ll sc ited or P rovided by the Commission
the purposes of this Agreement shall be znd remain the
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ro ert of the Commission until ownership, thereof is
p P Y
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transferred by the Commis s ion as hereinafter provided.
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ten�ance d 2gerSt o
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The Conmiss ion shall provide for the man t 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 �Munic i.pa l it y in
cases of eaner �'� ' or br ea Cdc wan or u it may be necessary
'
maintaining or extending the system, beat the Commiss ion
shall endeavour wherever possible to give to the Mmicipalaw
y'
Ity reasonable notice of intention to shut off or reduce
the supply of water &
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t
IMMz
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ii
gy
(1) The proport:Lon payable-by Me MM2.C]LpaJLIICYS fp.
as adjusted by the Commission, of the ,total'
WOO= t of interest and expenses of debt ser4w
vice payable by the Commission in each such
year In respect of. all borrowings of the
C nIm ssion from time to time outstanding and
heretofore or hereafter made by the Corrdss ion
0 f
.. for the purpose of meeting the cost or es t i-
mated cost of all water works .projects and
sew4age works projects at any time heretofore.
or hereafter acquired, providedor constructed
or in course of acquisition, provision or
cons tract ion by the Commission pursuant to
',
any agreement or agreements, or fo r any other
Pur pose of the Commis s ion respecting such
projects p ts including the refunding or repayment
r,
in v&ole of In part of any such borrowings;
(11) The total cost to the Commission In each such
=maintenance,
year of the operation, 'supervision,, =
repair,, administration and insurance of the
said water works project; and
(111)
The total Un t in each such year place' d 0 YL
-the Commiss ion to -the credit of a reserve
account for renewals replacements and conow
tingencies, in respect of the said water works
project; but 'no t exceeding 1 1/2% In any one
year of the cost of the sa*d water works project*
4!1
In TH I RTY each calendar year for years coamume
ing with the calendar year In which occurs the
41
date of completion of said water works project,
such s= as would be necessary with Interest
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Section -D General il
u 91 (a)..
This Agreement shall -remain in force for TH'I RTY
Oman=
calendar years ,'following the date of comp let ion 'of,
k_ N15 WS A.11
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Section -D General il
u 91 (a)..
This Agreement shall -remain in force for TH'I RTY
cofounded annually thereon at, the rate per annum'
calendar years ,'following the date of comp let ion 'of,
S•ecif ied in paragraph 2 of subsection 1 of
the said 'water works ',project and shall continue in
Section 40 of The Ontario Water. Resources Commis
force thereaf %.er until all obligations of the
Sion Act, R,S,,O. 19 60 , c. 281, to form at the
V-sunicipality to the Commission have been discharged
expiry ,of TH IRTY years a-fund equal to the
to the satisfaction of the Cow is s ion 30 as evidenced-
cost of said water works project.
(c)
The Commission shall not call on the Municipality
Thereafter, the assets of the.Commiss ion .acquired or'
to pay any share of the debt due the Commission
provided works ed'solely for the said water project
by any other Municipality which` has already been
shall, at the option of either party to,this Agree
'' a
apportioned and allocated to suc h other municip'l'
me t, be transferred to, the ftmicipality.
lity and. the payment which .is in arrear..
8 (a)
The Municipality, shall pay the Cominis s ion quarterly
Where, however, the project serves municipalities
and not later than - the 15th days .of March,, Julie,,
or persons other than the Municipality party to
September and December in each year the sums due by
this Agreement, 'neither shall this Agreement ter
the Municipality, all in accordance with Section 42
m nor inate shall the 'ownership' of the said assets
of The Ontario Water Resources Commis a ioh Act - R*S R.S.O.
be, transferred unless ,and until it is shown to the
1960,,,c. 281.
(b)
n each calendar year the Commission shall deliver..
A ' '
C t showing how the
to the Muni ipality,a statement
(1) All the 'dbligations to the Cm ission. of such
vads 4 Vft 45 t
I I --n#- 4 av-= Vnm
a
6TW-4P =%AJ &AL -0
Section -D General il
u 91 (a)..
This Agreement shall -remain in force for TH'I RTY
calendar years ,'following the date of comp let ion 'of,
the said 'water works ',project and shall continue in
5.
force thereaf %.er until all obligations of the
V-sunicipality to the Commission have been discharged
to the satisfaction of the Cow is s ion 30 as evidenced-
by a certificate under the s.eal o the Comiss ion .
Thereafter, the assets of the.Commiss ion .acquired or'
provided works ed'solely for the said water project
shall, at the option of either party to,this Agree
me t, be transferred to, the ftmicipality.
(b)
Where, however, the project serves municipalities
or persons other than the Municipality party to
this Agreement, 'neither shall this Agreement ter
m nor inate shall the 'ownership' of the said assets
be, transferred unless ,and until it is shown to the
satisfaction of the Commission that, inn ' add ition,
(1) All the 'dbligations to the Cm ission. of such
other participants have been discharged,
<11) The Municipality party to this Agreement has
t
relieved and will indemnify the Commission
ii
from any obligations which 'the Commission may
'ip
have ar is ing in any way out of the par tic ipa
Ation in the 'pro ject 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 condit Lone under which the
140A, 1: A
Municipality party to this Agreement will take
over the assets as aforesaid.
IS (a)
The Commission imay. but only after prior consul tam
1
Ation with the Municipality party to this Agreemnt
permit any other =micipality, person or persons to
connect directly or indirectly to its water works
project on'such equitable term and conditions as
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the C ommi scion may think fitip and it sha it not be
fit.
held that the water works pro jest contemplated
under• this. Agreement i s' eYclusivelSr for the purer
.
P ose of 'the 11unici alit Y party, to this Agreement,
e'
And for such purpose the Commission shall have
power- to extend, alter or enlarge the water works
=
pro ject• a s it deems , necessary provided that no
additional capital costs therefor shall, 'be charged
hereunder to the Nunicipality party to this Agreement.
(b). In ' the . event that the' Comm'i s sion shall permit any
other municipality, person or persor�s to connect
as aforesaid, the Commission in readjusting the
aortion payable by the Municipality party to
prop,
this Agreement shall have regard, ' inter - a lia , to
the- amount of ' ,capit -al 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 so per-
..�:.^- `'.5•' •�;u
mitted to connect' 'subject to • the right of the
Municipality bit
to . ar ra a the -same under ion ,40
11 :.
of. The Ontar o Wat r Resources Commission Act, • ;
g
R,* S.O el 1960, c. 2810
k
11 •.,•.The appropriate share of earnings on the Ontario Water',
'Resources Commission Re serve -Account and on the invest --
ment thereof shall be allocated and credited to..•the
reserve account referred to in clause ?,r in accordance
W ith Section 3 (3) of The Onte'ri•o �Wa' ter Resources Commis --
,
sion Act, R.S.O. 1960 c. 2810
12. .- Anything herein contained . •to the contrar notwithstanding,;
r
•
each and every of the provisions of The Ontario 'eater
Resources Commission Act, R.S.O. 1960, c. 281, any'sub-
stitutions therefor or .amendments thereto, and regulations
thereunder shall be terms of the within Agreement and this',
.5 Agreement shall be read and construed as if such provision
had been written ,herein, and An the event of any conflict,_`
• iambi uit or Znconeisteno between an
i g y y y pr ov s ion of this
y Agreement and any provision of the said .pct or 'regulations,
the Act or regulations t ions shall
gu prevail.
-
WIT104 SS WHEREOF the Commission and the Municipality have
,
�.
ce,used this Agreement to- be executed by the affixing of their
corporate seals attested by the' signatures of their properr
officers duly authorized in ' that behalf.
'ONTARIO WATER RESOURCES COMMISSION'-,
1 1
Ih 1. J 4 a j r 4 _ i, kr• . _ ..
Chairman
1
0 0: 41 •0••�•M��'�•\j•A••R••••••• ••'•.•••'••• •• ••••
S i
Genera 3.
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•, ice. .: j ?,. i Y i
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THE CORPORATION OF T�iE VILLAGE OF
'
NEIMCNSTLE
1
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SC1-FDUI.� "C"
To BYLAW CVO. 770
("THE CORPORAT i Off OFT VI L.LAGE O NEWCASTLE
SCHEDULE TO
AGREEMENT BETVEM
ONTAR ! O WATER
RESIDt t S COMMl SS 1 ON
-
IW CORPORAT ! ON
OF ' THE' ' V1 LLAGE OF NEWCASTLE
LL
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Mr" P
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