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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.
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Seal
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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
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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.
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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.
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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