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HomeMy WebLinkAbout73-14BY -LAW NO. 7J -14 OF THE CORPORATION OF THE VILLAGE OF NEWCASTLE (CONTRACT -741) WHEREAS it is desirable that the Corporation of the VILLAGE OF NEWCASTLE enter into an agreement with Her Majesty the Queen in right of Ontario as represented by the Minister of the Environment, hereinafter known as the Crown, with respect to the construction and operation of Project No. 6- 0212 -70 which was described in a preliminary way in Schedule "B" to the agreement for preliminary work. BE IT THEREFORE EXACTED by the Council of the Corporation of the VILLAGE OF NEWCASTLE as follows: The Reeve and Clerk are hereby authorized and directed to execute an agreement with the Crown in the form attached hereto as Schedule "A ". .ice, 4 READ A SECOND TIME on the day of d day of M READ A THIRD TIME AND FINALLY PASSED on the 17-Z-4 day of 19 SCHEDULE "A" TO BY -LAW NO. 73 -14 OF THE CORPORATION OF mum WATER WORKS PROJECT NO. 6- 0212 -70 (CONTRACT #1) THIS AGREEMENT made in triplicate this 1st day of October One Thousand Nine Hundred and Seventy - three® BE TWEE N: HER MAJESTY THE QUEEN IN RIGHT OF ONTARIO AS REPRESENTED BY THE MINISTER OF THE ENVIRONME (hereinafter called 10the Crown ") OF THE FIRST PART CORPORATION OF THE VILLAGE OF NEWCASTLE einafter called "the Municipality ") OF THE SECOND PART WHEREAS the Municipality has requested the Crown to provide and operate water supply facilities for the Municipality and its inhabitants; AND WHEREAS the Crown has agreed to do so; AND WHEREAS the Council of the Municipality has on the 17th day of September 1973 passed By -law No. 73 -14 authorizing the entering into this Agreement and the execution of this Agreement by the Municipality. THIS AGREEMENT WITNESSETH that in consideration of the premises and the covenants, conditions and payments hereinafter set forth, the parties hereto respectively agree under Section 52 of The Ontario Water Resources Act, as follows: Section A - Construction (Structures and Assets) 1. The Crown shall construct, acquire or provide at its own expense, a water works project in accordance with the Schedule attached hereto which water works project will be identified as Project No. 6- 0212 -70 2. All property acquired or provided by the Crown for the purposes of this Agreement shall be and remain the property of the Crown until ownership thereof is transferred by the Crown as hereinafter provided. Section B - Maintenance and Operation 3. The Crown shall provide for the management and control, operation and maintenance of the said water works project, but the Crown 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 or extending .....2 system, the but o r shall endeavour reduce wherever possible to give to the Municipality reasonable notice of intention to shut off or • of 4. The Municipality shall, if and as required by the Crown, •w;`, •` regulation and control of of e , and the conservation of within the Municipality. 5. The Municipality o permit any pe • •: located within the limits of the Municipality t connect to or obtain water from said water Crown. works project except with the approval of the Section C --Charges 7. The Municipality e accordance I e Crown .......3 - 3 share '.c) The Crown shall not call on the Municipality to pay any - debt other d been apportioned and allocated to such other Municipality and the payment of which is in arrear. 8. (a) The Municipa - Crown and not day of - September and December in each year the sums due by the Municipality, all in accordance with Section 56 of The Ontario Water Resources Act. (b) In each calendar year, the Crown shall deliver to the Municipality Il o `. how the adjustments and allocations made Section D - General obligations - Crown.of such .......4. - 4 (iii) The Municipality party to this Agreement has agreed with each of such other participants as to the terms and conditions under which the Munici- pality party to this Agreement will take over the assets as aforesaid. 10. (a) The Crown may, but only after prior consultation 11. The appropriate share of earnings on the Ontario Water Resources Reserve Account and on the investment thereof shall be allocated and credited to the reserve account referred to in clause 7, in accordance with Section 57 (4) of The Ontario Water Resources Act. ......5 13. Anything herein contained to the contrary notwithstanding each and every of the provisions of The Ontario Water Resources Act, any substitutions therefor or amendments thereto, and regulations thereunder shall be terms of the within Agreement, and this Agreement shall be read and construed as if such provision had been written herein, and in the event of any conflict, ambiguity or inconsistency between any provision ®,f this Agreement and any provision of the said Act or regulations, the Act or regulations shall prevail. IN WITNESS WHEREOF the Crown and the Municipality have caused this agreement to be executed by the affixing of their hand and seal and corporate seal attested by the signature of the proper officers duly authorized in that behalf. HER MAJESTY THE QUEEN IN RIGHT OF ONTARIO AS REPRESENTED BY THE MINISTER OF THE ENVIRONMENT Mini THE CORPORATION OF THE VILLAGE OF NEWCASTLE Reeve Clerk 09 -155