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HomeMy WebLinkAbout770I ,4 'A, 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: I It k v } 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: • . l:: The Commission" sh . a1.]., ' 4 a (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 M 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 p .� ' , and the application for the app�rovaI of the Ontario Muntelpal Board 4 rr, r.. .r u s. s: te. I 4 - i 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. x 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, f z f' �r t , 3 i a 4U s 3 _ 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 t 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 " ` r i { A have arising in any way out of the par t is ipa - I t ion in the project by such other participants;, . and rlt `kt 1 YP i I , 111:) The Mum iclpality P ar ty to . this Agreement has , F agreed with each of such other participants { „ 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 f r 1 t _. I.... ..x r -_ .. >. .. . ._. s'+`... y ::.r, +. .. n�... ^ ... .. `•c... .: �:+a x- 4..� .. �x n ,N,.....n., ., N,. ,{ -.�4 ..3� p"'�t7 a " I \ \� � � j� ^ . . . . . . . . . . Schedulii A f or such stages . . .. n v ,... d 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 4 e ro ert of the Commission until ownership, thereof is p P Y r transferred by the Commis s ion as hereinafter provided. s I ,. ten�ance d 2gerSt o ,, W: 3i, 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 & I' t IMMz M 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 t ,, .; W3 00 Yi 777­777,77 71, ­Ru oA 7P gy I XT 3 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 Ji I XT a 3 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 V3 a op, a x 'k .r; f '-a It. ; I '..>q„ t+ 3�Mes .n„!* .x[' tx. v.3 He >y _.y,.,..,tt 5 w t s .-r °-� '�.� •-v, ps, IN 1, • J • lid 4i! a 1 „ 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. _ _e g". /r i • y , •, ice. .: j ?,. i Y i %_ THE CORPORATION OF T�iE VILLAGE OF ' NEIMCNSTLE 1 1 **Ole • • • • • • • • • , ReeveJ r k J: 7 8 i t JJ a - � ' � ..�:.^- `'.5•' •�;u "' emery- :mr•. r� a b 5 4 Mr" P fl ai b° 3E f 111 Pill , �4. v . t .x= . 2.x T „ •.. .I r. 1. i ". ��� , " .• ,,. +,...+«.:..... ,,... r�.« r..,. �+♦:.._.. �.. �.. ow..•.. wrwsr ..raraYYCm,.t�N'feVea�wr..el... r , 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 5 4 Mr" P fl ai b° 3E f 111 Pill , �4.