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HomeMy WebLinkAboutWD-16-87 TOWN OF NEWCASTLE Cam) REPORT File # Res® #. o - By-Law # ° f MEETING: THE GENERAL PURPOSE AND ADMINISTRATION COMMITTEE DATE: MARCH 2, 1987 REPORT #: WD-16-87 FILE #: SUBJECT: INSPECTION OF REGIONAL SERVICES IN SUBDIVISIONS RECOMMENDATIONS: It is respectfully recommended: 1 . That Report WD-16-87 be received; and, 2. That the Mayor and Clerk be authorized to execute an agreement with the Region of Durham with respect to the provision of inspection services related to the installation of Regional Services in subdivisions within the Town of Newcastle; and, 3. That a copy of the attached agreement be forwarded to the Region of Durham for their consideration. . . . .2 Page 2 Report No. WD-16-87 REPORT: Prior to 1986, the Region of Durham performed inspection services for the installation of Town services in subdivisions within the Town of Newcastle. In 1986, these services were withdrawn by the Region and an Engineering Technician II was hired by the Town to carry out the inspection duties. In 1986, the Town' s representative inspected the installation of Regional Services and are in the process of invoicing the Region for these services. The Region will , in turn, have to invoice the developers to recoup the inspection costs. As part of the standard subdivision agreement, the Town collects funds from the developer to cover the cost of inspection. The fee structure is set up on a percentage of the construction costs. The attached agreement would allow for the Town to collect inspection fees for Regional services as well as Town services directly from the developer at the time of signing the subdivision agreement and eliminate the need for invoicing and subsequent paying of invoicing between the Town and the Region and then between the Region and the developer. All of the area municipalities in the Region of Durham, except the Township of Scugog and Brock Township, have entered into a similar agreement with the Region of Durham. It is now time for the Town of Newcastle to enter into an agreement with the Region with respect to inspection services. . . . .3 Page 3 Report No. WD-16-87 The agreement being proposed is attached and is nearly identical to those in place between the Region and other area municipalities. Respectfully submitted, Recommended for presentation, to the Committee, JL 7. Gordon J. Ough, P. Eng. , Lawrence E. ;o S, Director of Public Works. Chief Admin Xstr ive Officer. GJO:jco i THIS AGREEMENT made this day of 1987. B E T W E E N: THE CORPORATION OF THE TOWN OF NEWCASTLE Hereinafter called the "Town", OF THE FIRST PART, - and - THE REGIONAL MUNICIPALITY OF DURHAM, Herein after called the "Region", OF THE SECOND PART. WHEREAS pursuant to Section 62(4) of the Regional Municipality of Durham Act, the Regional Council is a municipality for the purpose of approving plans of subdivision; AND WHEREAS by Part IV of the Regional Municipality of Durham Act, the Region has the sole responsibility for the supply and distribution of water and by P art V of the Regional Municipality of Durham Act has the sole responsibility for the collection and disposal of all sewage, except storm sewers other than those located on regional roads, and is responsible for the Regional Road System by Part III of the Regional Municipality of Durham Act; AND WHEREAS it is the policy of the Region to require before any plan of subdivision is registered for lands within the Region, that the developer enter into an agreement with the Region to provide for the construction of regional services and the payment of regional levies prior to the Ministry of Housing being informed that the plan may be released for registration; AND WHEREAS Section 131 of the Regional Municipality of Durham Act provides that the Regional Corporation and any area municipality may enter Into agreements for the use within any part of the Regional Area of the services of their respective officers, employees and equipment on any such terms and conditions as the councils deem necessary; -2- AND WHEREAS the Corporation of the Town of Newcastle is one of the area municipalities within the meaning of the Act; NOW THEREFORE, in consideration of the premises and of the covenants herein contained the parties hereto do covenant and agree as follows: i . That the Town shall use the services of its officers, employees and consulting engineers hired by the Town to inspect the installation of Town services, for Inspection of contracts for the construction of Regional services where the developer has entered into a subdivision agreement, site plan agreement or condominium agreement with the Region, by which the Developer has agreed to Install Regional services in accordance with that agreement to Regional standards. 2. The design for the Regional services shall either be carried out by the Region or by the developer in accordance with Regional design requirements, at the discretion of the Region and the approval of the project by the Region would be required prior to the commencement of the project. 3. The Town or the aforesaid consulting engineers shall provide to the Region such test reports as required from time to time and as may be required by the Region. 4. The Town shall employ and engage competent supervisory and inspection staff to ensure that the Regional services are properly constructed to Regional standards. The Town further agrees that such costs of supervision and inspection will be recovered directly by the Town from the developer and that the Town will not claim against the Region on account of such costs. 5. If at any time the Region considers that the level of inspection provided by the officers and employees of the Town or by the consulting engineers hired by the Town is not adequate, the Region may by serving notice to the Town provide its own staff to inspect the services and shall recover the cost form the subdivider. 6. The Town shall Indemnify and hold harmless the Region from any and all manner of claims arising directly or indirectly out of the undertaking by the Town to provide for inspection of contracts for the construction of Regional services as herelnbefore set out. 7. This agreement may be terminated by either party on six (6) months notice in writing provided that the services to be installed under any subdivision agreement, site plan agreement, or condominium agreement executed prior to the date of giving such notice shall continue to be constructed as provided under this agreement. IN WITNESS WHEREOF the parties have hereunto affixed their seals properly attested this day of 198 i THE CORPORATION OF THE TOWN OF NEWCASTLE Mayor Clerk THE REGIONAL MUNICIPALITY OF DURHAM I Chairman Clerk