HomeMy WebLinkAbout777A by-law to enter into an agreement with the Water Resources Commission with respect to the construction and operation of project number 83-W-120
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"hall endeavour wherever pos9 ib le, to .give, to the 1!�uunic ipalitq
reasonable notice of intention to shut off or reduce the supply'
of water.
4. The Municipality. shall, if , and as required by the Commission,
pane by laws for the regulation and control of the use of
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water and the conservation' of water within the Municipality.
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5o .The Municipality shall not permit any party not located within
the limits of the Municipality to connect to or obtain water
from the said water works project except with the approval of:.
the Commission,
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The Municipality shall not permit any connection to the
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Mmicipality'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, In the event ' ' that either of these contingencies
should occur, then the Municipality shall immediately take �
such steps as may. be necessary to terminate such connection
.or contamination.
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To The. Municipality agrees . in . accordance with section 40- of The
Ontario Water Resources Commission Act; R. S. O. 19609 chap. 281, .
to pay the Conmai.ssLon the following sums:
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�a�. In each calendar year during the currency of this Agree-
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Uent , cofloonenc ing with the calendar year in which occurs
the date of c letion of the said water works project,
(1). The propor t ion 'payable by the Municipality, as
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ad jus ted by the Commis s ion -of the total smownt
of interest and expenses of debt service payable
by the Commission in each such year in respect of
all borrowings of the Commission from time to bore
0 standing and heretofore or hereafter made by the
Coan�nission for the purpose of meeting the cost ,. or ,
{ estimated cost of all water works projects and sew -
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. _e works projects at any time heretofore or here -
_ after acquired, providtd or constructed or in course
a of acquis it ion, provision or construction by the
Corm ission pursuant to any agreement or agreements ,
or for any other purpose of the Cono"s ion respect-
r , ing such projects including the refunding or repayo,
oaettt in who or in part of any such borrowings;
Ue total cos t to the Co�ois s ion in each such year
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of the operation, supervision, nainteUance, repair,
administration and insurance of the said water
works project; anrd
(111) The total amount in each such year placed 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 exceedi�gg
1 112% in any one year of the cost of the said wstecr
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wmks project.
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Participants have been dimcharged,
tll� The. PhmLeipality party to this Agreemwnt has relieved
and will. indem -ify the Comiss i on from any obli ga-
tions which the Commission ney have arising in any
way out of the participation in the project by such
other participants; and
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113.) no M mLc ipality party to this Agreement has agreed
with each of such other participants as to the terms
and conditions under which the M mIe pality party to
this ftreewnt wi.11 take over the assets as aforesaid.
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14. (a) ','The ..Comic' ion may, but 'only 8f ter pr -for consultation
with the Municipality party to this Agreement, permit
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any other municipality, person or persons to connect
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directly or indirectly to its water works project on
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such ,equitable terms and coed it ions as the' mm
Cois s ion
nra Y think fit, and it shall not ' be held that the water ►
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works project contemplated under this Agreement is
exclusively for the purpose of the Municipality party. k
1` to this Agreement. And' for such purpose, the Commission
shall have power to extend, alter or enlarge the water
�! works ro ec t as it deems . nec es s a Y'y provided that no'
additional capital costs therefor shall be charged here '!
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under t o the Muni c ip ali t y party to this Agreements
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fib) 1h.the event that the Commission shall permit any other
umici alit person or persons to connect as aforesa:.d,
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the Comm is s ion in readj,us tang the propor t ion payable by
�� • the Municipality party to this Agreement shall have regard,, •:
;,. inter alia, to the amount of capital costs of the water
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works project already paid off , , to the age of • the project },
}. ;! and to the needs of the party or parties so permitted to �I
connect, subject to the .right of the Municipality to
i arbitrate the Same under section 40 t3) . of The Ontario
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Water Resources Commission-Act, R•. S. O. 19 60 , chap o 2810' F
If 11: The appropriate share of earnings on the Ontario Water Resources'
b=dAsion Reserve Account and on the investee vit thereof shall , e"
.be allocated and credited to the reserve account referred to
( in clause 7, in accordance. with section 43 (3) of T'ie Ontario j
Water Resources Commission Act, R.S.O. 1960, chap. 281.
12. Anything herein contained to the contrary notwithstanding each
! and every of the provisions .-of The . Ontario Water Resources
Commission Act, R. S. O. 1960, chap, 281,-any substitutions* there =
for or amendments thereto, and-regulations tberevander shall be
terms of the ' withi n Agreement , ` and this Agreement shall be read
sound • cons trued as if such provision had been written here inn,
and in the event of any conf lic t , ambiguity or incons is tency .
between any provision of this Agreement and any provis ion of
the said Act or regulations, the Act or regulations shall prevail.
Ill WITNESS WINREOF the Commission and the Municipality have caused
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this Agreement to be executed by the affixing of their aorporats '
seats attested by the signatures of their . proper officers dully
authorized inn that behalf .
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