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.
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(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