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HomeMy WebLinkAbout82-93t THE CORPORATION OF THE TOWN OF NEWCASTLE BY -LAW 82 -93 being a by -law to authorize the execution of an agreement with Ontario Hydro The Council of the Corporation of the Town of Newcastle HEREBY ENACTS AS FOLLOWS: THAT the Mayor and Clerk are hereby authorized to execute on behalf of the Corporation of the Town of Newcastle and seal with the Corporation Seal, an Agreement between Ontario Hydro and the said Corporation, with respect to Supplementary Agreement No. 7, Storm Water Management System, Courtice Urban Area. By -law read a first and second time this 5th day of July 1982. By -law read a third and final time this 5th day of July 1982. .4c71,v ay r Seal C1 e . File No..._........C�at. . -••- a..3. DARLINGTON GENERATING STATION SUPPLEMENTARY AGREEMENT NO. 7 COURTICE URBAN AREA STORM WATER MANAGEMENT SYSTEM THIS AGREEMENT made in triplicate this 20th day of October 1982. B E T W E E N: ONTARIO HYDRO, hereinafter referred to as the "Corporation ", OF THE FIRST PART - and - THE REGIONAL MUNICIPALITY OF DURHAM, hereinafter referred to as the "Region ", OF THE SECOND PART - and - THE CORPORATION OF THE TOWN OF NEWCASTLE, hereinafter referred to as the "Town ", OF THE THIRD PART. WHEREAS the Corporation and the Town have entered into an Agreement (hereinafter referred to as the Newcastle Agreement), By-low No. __ a w /a9 - 2 - with respect to the social, economic and financial impacts arising out of the construction and operation of the Darlington Generating Station (hereinafter referred to as the Station) on the Town dated March 22, 1977; AND WHEREAS the Corporation, the Region and the Town have entered into an Agreement (hereinafter referred to as the Regional Agreement) with respect to the social, economic and financial impacts arising out of the construction and operation of the Station on the Region and the Town, dated August 8, 1977; AND WHEREAS the Newcastle Agreement and the Regional Agreement provide for the entering into of supplementary agree- ments between the Corporation, the Region and the Town; AND WHEREAS the Corporation, the Region and the Town have entered into a Supplementary Agreement entitled Community Impact Monitoring Program which involves collecting and updating data on certain impact items which may be affected by the con- struction and operation of the Station; AND WHEREAS the Newcastle Agreement provides that the Corporation agrees to compensate the Town for those financial impacts undergone by the Town as a result of the construction of the Station which include the cost of advancing community facilities and providing community services; - 3 - AND WHEREAS it is recognized that population growth could have a financial impact to the Town in the costs associ- ated with the provision of service infrastructure of housing development undertaken to accommodate Hydro construction workers; AND WHEREAS the Town has undertaken a Plan for the provision of housing for future Hydro employees pursuant to its obligations under Section 27(e) of the "Master Agreement ", by undertaking the preparation and implementation of the "Courtice Urban Area Plan "; AND WHEREAS the Courtice Urban Area Plan has been approved by the Town of Newcastle, the Regional Municipality of Durham and the Minister of Municipal Affairs and Housing of the Province of Ontario, as Amendment 12 to the Official Plan of the former Township of Darlington "; AND WHEREAS the Town of Newcastle, the Region of Durham and the Minister of Municipal Affairs have approved certain plans of subdivision for residential development in the Courtice Urban Area under the provisions of the Planning Act; AND WHEREAS the Town of Newcastle, the Region of Durham and the Minister of Municipal Affairs have entered into certain agreements for the provision of residential development in the Courtice Urban Area. NOW, THEREFORE WITNESSETH that in consideration of the covenants hereinafter contained and for other good and valuable consideration, the Corporation, the Region and the Town hereby agree as follows: _ 1. The Corporation agrees to pay to the Town from Station Account 'B', the sum of $150,000.00 (hereinafter referred to as the "funds "), to assist in the funding of storm sewer facilities in the Courtice Urban Area in advance of an evaluation of impact arising out of the Darlington Generating Station. 2. The payment of the funds is subject to an award by the Town of a contract for the storm sewer project on or before March 31, 1983. - 4 - Durham and the Minister of Municipal Affairs have entered into certain agreements for the provision of residential development in the Courtice Urban Area. NOW, THEREFORE WITNESSETH that in consideration of the covenants hereinafter contained and for other good and valuable consideration, the Corporation, the Region and the Town hereby agree as follows: _ 1. The Corporation agrees to pay to the Town from Station Account 'B', the sum of $150,000.00 (hereinafter referred to as the "funds "), to assist in the funding of storm sewer facilities in the Courtice Urban Area in advance of an evaluation of impact arising out of the Darlington Generating Station. 2. The payment of the funds is subject to an award by the Town of a contract for the storm sewer project on or before March 31, 1983. - 5 - 3. The Town, subject to having the lawful authority to do so, agrees to recover the funds from the development charges through the subdivision process over a period coincident with the recovery of any other monies expended by the Town. 4. This Agreement shall not affect in any way any right of the Region to make a claim for financial impact caused to the Region from the advancement of the timing of services. 5. The recitals mentioned in this Agreement form part of this Agreement. IN WITNESS WHEREOF the Corporation, the Region and the Town have caused this Agreement to be executed by the affixing of the corporate seals attested by the signatures of their proper officers duly authorized in that behalf. ONTARIO HYDRO CO. ONTARIO HYDRO r* nw oiv. _&_w /a _ Secretary .....,...19_..I THE REGIONAL MUNICIPALITY OF DURHAM Per: Garry Herrena,- Chairman Per: Clerk THE CORPORATION OF THE TOWN OF NEWCASTLE l DATED 1982. B E T W E E N: ONTARIO HYDRO -and - THE REGIONAL MUNICIPALITY - and - THE CORPORATION OF THE TOWN OF NEWCASTLE DARLINGTON GENERATING STATION SUPPLEMENTARY AGREEMENT NO. 7 AG:10:06:82:.KEB