HomeMy WebLinkAbout2004-086 BY- LAW
2004 - 086
NOT
AVAILABLE
However, the attached
agreement forms part of
the by- law
l
THIS AGREEMENT made as of this� 'day of April, 2004.
Between:
ONTARIO POWER GENERATION INC.,
AND OPG-DARLINGTON INC.
(collectively referred to hereinafter as "OPG")
OF THE FIRST PART
and
THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
(referred to hereinafter as "Clarington")
OF THE SECOND PART
and
MUNICIPAL PROPERTY ASSESSMENT CORPORATION
(referred to hereinafter as "MPAC")
OF THE THIRD PART
AMENDING AGREEMENT
WHEREAS by Agreement dated September 26, 2003 ("Agreement"), OPG,
Clarington and MPAC ("the parties") executed Schedule 1, a Memorandum of Settlement
("Memorandum of Settlement") of assessment appeals,
AND WHEREAS as a result of further investigations and exchange of
information the parties have agreed to amend the Agreement and Memorandum of Settlement,
IN CONSIDERATION OF the premises and the covenants hereinafter expressed,
and the sum of two ($2.00) dollars of lawful money of Canada, now paid by each to the others,
the parties hereto covenant and agree with the other parties hereto as follows:
1. (a) Paragraph 1(c) of the Agreement is amended by deleting from the sixth and
seventh lines the words "within one hundred and eighty (18 0) days from the date
of this Agreement" and replacing them with"by June 30, 2004".
(b) Schedule D of the Memorandum of Settlement is deleted and replaced with the
attached Schedule D.
(c) Schedule E of the Memorandum of Settlement is deleted and replaced with the
attached Schedule E.
(d) Schedule G of the Memorandum of Settlement is deleted and replaced with the
attached Schedule G.
(e) Schedule H of the Memorandum of Settlement is deleted and replaced with the
attached Schedule H.
(f) Paragraph 3 of the Memorandum of Settlement is deleted and replaced with the
following:
The intention of the parties hereto is that the assessment for the water intake and
discharge facilities will be fixed by regulation under the Assessment Act, R.S.O.
1990, c.A.31 as amended, with the substantive content as set out in Schedules D
and E hereto, ("the regulations"). For purposes of section 3 of Schedule D, the
parties agree that for the 1999 and 2000 taxation years, the replacement cost new
assessed value of the water intake and discharge facilities is $98,338,500, the
accumulated depreciation to the end of the year determined by MPAC is
$49,169,250, and the factor for obsolescence is .237882. For the 2001 and 2002
taxation years, the replacement cost new assessed value of the water intake and
discharge facilities is $89,597,300, the accumulated depreciation to the end of the
year determined by MPAC is $44,798,650, and the factor for obsolescence is
.240848. The assessed value of the water intake and discharge facilities for the
2003 taxation year shall be that assessed value of the water intake and discharge
facilities determined pursuant to the regulation for the 2002 taxation year. The
parties agree that should section 1(1) of Schedule A to The Right Choices Act
(Budget Measures), 2003 (Assessment Act amendments) or similar legislation be
enacted, the regulation can be amended without further approval of the parties to
fix the value of the water intake and discharge facilities in the amounts prescribed
by Schedule D, provided the intent of the provisions of Schedule D is maintained.
(g) The parties hereto do in all other respects hereby confirm that the Agreement and
Memorandum of Settlement are in full force and effect, unchanged and
unmodified except in accordance with this agreement.
Dated the day of April, 2004
ONTARIO POWER GENERATION INC.
Per: --
thorized Signi Officer
Per:
Authorized Signing Officer
have the authority to bind the Corporation
OPG-DARLINGTON INC.
Per: " r °tuk y>
Authorized Signing Officer
Per:
Authorized Sfg7ning Officer
We have the authority to bind the Corporation
THE CORPORATION OF THE
MUNICIPALITY OF CAARINGTON
Per:
Jo uo , M or
Per: Bd a
lerk
We have the authority to bind the Corporation
MUNICIPAL PROPERTY ASSESSMENT
CORPORATION,,_.",
Per:
Authorized Signing 0 fi er
Per:
Authorized Signing Officer
We have the authority to bind the Corporation
719435.1
SCHEDULE D
ONTARIO REGULATION
made under the
ASSESSMENT ACT
PROPERTY PRESCRIBED FOR THE PURPOSES OF SECTION 19.0.1 OF THE ACT IN
RESPECT OF ELECTRICITY GENERATING OR TRANSFORMER STATIONS
Definitions
1. In this Regulation,
"Darlington Generation Station" means the generation facility located in the
Municipality of Caarington, having the 15 digit assessment roll number 18-17-010-
020-09700 and the legal description "CON BF PT LOT 18 TO 24, RP 10R342,
RP 10343, RP 1 OR398 EXP PLAN 74387, RP 10R94, RD ALLOWANCE PT, RP
10R664 PART 1 AND RP 10R1551 PART 1", as set out on the 1999 assessment
roll;
"generation facility" has the meaning assigned in subsection 2 (1) of the
Electricity Act, 1998;
"Industrial Product Price Index" means the Industrial Product Price Index
contained in Statistics Canada Catalogue Number 62-011-XPE, Statistical
Tables, Table 1: Summary of Recent Price Movements, All Commodities Index;
"replacement cost new" means, in respect of a building or structure, the cost of
reconstructing the building or structure, as determined by the Municipal Property
Assessment Corporation for the assessment year in question, prior to any
reduction in value associated with accumulated depreciation and obsolescence;
"Pickering Generation Station" means the generation facility located in the City of
Pickering, having the 15 digit assessment roll number 18-01-020-022-06800 and
the legal description "CON BF RANGE 2, 3 PT LOT 17-22 & PT RD ALLOW
BETWEEN BF RANGE 2, 3 & PT PT RD ALLOW BETWEEN LOT 18, 19, 20,
21", as set out on the 1999 assessment roll;
"water intake and discharge facilities" includes tunnels, pipes, ducts, forebays,
channels, groins, retaining or revetment walls, berms, and associated structures
Fla7£ -5-
and improvements that are related to the intake and discharge of water at the
Darlington Generation Station or the Pickering Generation Station.
DARLINGTON GENERATION STATION
Prescribed buildings and structures
2. (1) The following buildings and structures are prescribed for the purposes
of subsection 19.0.1 (1) of the Act, effective April 1, 1999:
1. The water intake and discharge facilities at the Darlington Generation
Station.
2. The buildings and structures at the Darlington Generation Station listed
in Schedule 1.
(2) Despite subsection (1), no building or structure whose construction was
completed after December 31, 2002 is prescribed for the purposes of subsection
19.0.1 (1) of the Act.
Assessed value of water intake and discharge facilities
3. For the purposes of clause 19.0.1 (1) (b) of the Act, the assessed value of
the water intake and discharge facilities at the Darlington Generation Station shall
be determined in the following manner:
1. For each of the 1999 and 2000 taxation years, the assessed value shall
be determined by multiplying the difference between the replacement cost new of
the facilities and the amount, as determined by the assessment corporation, of
accumulated depreciation to the end of that year by a factor for obsolescence
equal to 0.237882.
2. For each of the 2001 and 2002 taxation years, the assessed value shall
be determined by multiplying the difference between the replacement cost new of
the facilities and the amount, as determined by the assessment corporation, of
accumulated depreciation to the end of that year by a factor for obsolescence
equal to 0.240848.
IIa7E-6-
3. For the 2003 taxation year, the assessed value shall be the assessed
value determined under paragraph 2 for the 2002 taxation year.
4. For 2004 and each subsequent taxation year, the assessed value shall
be determined by multiplying the assessed value for the previous taxation year by
the factor determined using the formula,
1 + (A- B) / B
in which,
"A" is the Industrial Product Price Index for March of the previous
taxation year, and
"B" is the Industrial Product Price Index for March of the year before
the previous taxation year.
Assessed value of buildings and structures in Schedule 1
4. For the purposes of clause 19.0.1 (1) (b) of the Act, the assessed value of
the buildings and structures listed in Schedule 1 shall be determined in the
manner described in clause 19.0.1 (1) (a) of the Act, with the inside ground floor
area of the buildings and structures calculated on the basis that the interior
dimensions are equal to 95 per cent of the exterior dimensions.
PICKERING NUCLEAR GENERATION STATION
Prescribed buildings and structures
5. (1) The following buildings and structures are prescribed for the purposes
of subsection 19.0.1 (1) of the Act, effective April 1 , 1999:
1 . The water intake and discharge facilities at the Pickering Generation
Station.
2. The buildings and structures at the Pickering Generation Station listed
in Schedule 2.
Flays—7—
(2) Despite subsection (1), no building or structure whose construction was
completed after December 31, 2002 is prescribed for the purposes of subsection
19.0.1 (1) of the Act.
Assessed value of water intake and discharge facilities
6. For the purposes of clause 19.0.1 (1) (b) of the Act, the assessed value of
the water intake and discharge facilities at the Pickering Generation Station shall
be determined in the following manner:
1. For each of the 1999 and 2000 taxation years, the assessed value shall
be determined by multiplying the difference between the replacement cost new of
the facilities and the amount, as determined by the assessment corporation, of
accumulated depreciation to the end of that year by a factor for obsolescence
equal to 0.376169.
2. For each of the 2001 and 2002 taxation years, the assessed value shall
be determined by multiplying the difference between the replacement cost new of
the facilities and the amount, as determined by the assessment corporation, of
accumulated depreciation to the end of that year by a factor for obsolescence
equal to 0.386594.
3. For the 2003 taxation year, the assessed value shall be the assessed
value determined under paragraph 2 for the 2002 taxation year.
4. For 2004 and each subsequent taxation year, the assessed value shall
be determined by multiplying the assessed value for the previous taxation year by
the factor determined using the formula,
1 + (A— B) / B
in which,
"A" is the Industrial Product Price Index for March of the previous
taxation year, and
"B" is the Industrial Product Price Index for March of the taxation
year before the previous taxation year.
rlayp,-8-
Assessed value of buildings and structures in Schedule 2
7. For the purposes of clause 19.0.1 (1) (b) of the Act, the assessed value of
the buildings and structures listed in Schedule 2 shall be determined in the
manner described in clause 19.0.1 (1) (a) of the Act, with the inside ground floor
area of the buildings and structures calculated on the basis that the interior
dimensions are equal to 95 per cent of the. exterior dimensions.
SCHEDULE 1
DARLINGTON NUCLEAR GENERATING STATION
MUNICIPALITY OF CLARINGTON
ROLL NUMBER 1817- 010 - 020-09700
Buildings and Structures
Ite
m
1. Unit 0 service area (common services area between units 1-2
and 3-4)
2. Powerhouse(turbine hall&extension, reactor service-all
units)
3. Reactor building unit one
4. Reactor building unit two
5. Reactor building unit three
6. Reactor building unit four
7. West fuel annex-fuel loading facility(attached to
powerhouse)
8. East fuel annex-fuel loading facility(attached to
powerhouse)
9. Cooling water pump house one
10. Cooling water pump house two
11. Cooling water pump house three
12. Cooling water pump house four
13. Water treatment plant(sediment removal)
14. Emergency power system electrical building
15. Emergency water supply pump house(back-up water supply)
16. Circulating water discharge structure(cooling water control)
17. Emergency power generator#1
18. Emergency power generator#2
19. Emergency power generator fuel management building
20. Fuel oil pump house#1
21. Fuel oil pump house#2
22. Reactor maintenance trailer(components building)
23. Standby generator one (back-up power supply)
24. Standby generator two (back-up power supply)
25. Standby generator three(back-up power supply)
26. Standby generator four(back-up power supply)
27. Vacuum building
28. Pressure relief duct
29. Steam heating boiler house (back-up heat and steam)
30. Switching station(transforming equipment)
Ilays -9-
SCHEDULE 2
PICKERING GENERATING STATION
MUNICIPALITY OF PICKERING
ROLL NUMBER: 1801 - 020 - 022-06800
Buildings and Structures
Ite
m
1. Service area wing
2. Auxiliary irradiated fuel building
3. Standby generator building#1
4. Standby generator building#2
57 Standby generator oil pump house#1
6. Standby generator oil pump house#2
7. Screen house#1 (cooling water debris screens)
8. Screen house#2 (cooling water debris screens)
9. vacuum building
10. Pressure relief duct
11. Off gas system building
12. Old water treatment building
13. High pressure emergency coolant injection system pump
house
14. High pressure emergency coolant injection system auxiliary
service building
15. Emergency water and power system building
16. Water treatment building
17. Standby boiler building
18. Shut down system emergency control instrument rooms 1-2
19. Shut down system emergency control instrument rooms 3-4
20. Emergency water&power system oil tanks
21. Standby generator oil tank#1
22. Standby generator oil tank#2
23. Emergency coolant injection tower
24. Demineralised water tanks
25. Transformer buildings
26. West annex fuel loading facility-attached to powerhouse
27. East annex fuel loading facility-attached to powerhouse
28. Chlorine building
29. Filtered air discharge tower
30. Filtered air discharge building
31. Emergency coolant injection shield tower
32. Sulzer towers-part of heavy water up-grader
33. Unit emergency control centres
34. Switchyards-transforming equipment
35. Reactor auxiliary bay A&reactor buildings
36. Turbine auxiliary bay A
37. Turbine hall A
38, Reactor auxiliary bay B &reactor buildings
39. Turbine auxiliary bay B
40, Turbine hall B
41. Irradiated fuel bay A
42. Irradiated fuel bay B
43. Solid waste handling facility
44. Windmill-wind turbine generator
hays -10-
COMMENCEMENT
Commencement
8. This regulation shall be deemed to have come into force on April 1,
1999.
IIayE -11-
SCHEDULE E
ONTARIO REGULATION
made under the
ASSESSMENT ACT
Amending O. Reg. 282/98
1. Ontario Regulation 282198 is amended by adding the following
section:
1.1 In this Regulation,
"Darlington Generation Station" means the generation facility located in the
Municipality of Clarington, having the 15 digit assessment roll number 18-17-010-
020-09700 and the legal description "CON BF PT LOT 18 TO 24, RP 10R342,
RP 10343, RP 1 OR398 EXP PLAN 74387, RP 10R94, RD ALLOWANCE PT, RP
1OR664 PART 1 AND RP 10R1551 PART 1", as set out on the 1999 assessment
roll;
"generation facility" has the meaning assigned in subsection 2 (1) of the
Electricity Act, 1998;
"Pickering Generation Station" means the generation facility located in the City of
Pickering, having the 15 digit assessment roll number 18-01-020-022-06800 and
the legal description "CON BF RANGE 2, 3 PT LOT 17-22 & PT RD ALLOW
BETWEEN BF RANGE 2, 3 & PT PT RD ALLOW BETWEEN LOT 18, 19, 20,
21", as set out on the 1999 assessment roll.
2. Subparagraph 1 vii of subsection 3 (1) of the Regulation is amended
by striking out "subsection 240 (1) of the Municipal Act" and substituting
"subsection 166 (1) of the Municipal Act, 2009".
3. Section 5 of the Regulation is amended by adding the following
subsection:
IZa7E -1-
(1.1) For 1999 and subsequent taxation years, the following are included in
the commercial property class:
1. Land at the Darlington Generation Station that is used as a field office
for site construction, to a maximum of 25,000 square feet.
2. Land at the Pickering Generation Station described in Column 1 of the
following Table that is used as described in Column 2 opposite the description of
the land:
Column 1 —Description of Land Column 2—Use
Free standing Guardhouse A Security&Administrative
Free standing Guardhouse B Security&Administrative
Free standing Gatehouse Security&Administrative
Men's Clothing Change Room Dosimeter Monitoring and Change Area
Engineering Services Building (to a Administrative services for the plant
maximum of 25,000 square feet)
Oil and Chemical Storage Storage of chemical waste, used lubricants
Records Drawing Office Engineering Drawings are stored in this building
Spent Dry Fuel Storage—Stage 1 Stores containers of spent fuel
Spent Dry Fuel Storage—Stage 2 Stores containers of spent fuel
4. Subsection 10 (1) of the Regulation is amended by striking out
"section 363 of the Municipal Act" and substituting "section 308 of the
Municipal Act, 2001".
5. (1) Subsection 11 (1) of the Regulation is amended by striking out
"section 363 of the Municipal Act' and substituting "section 308 of the
Municipal Act, 2001".
(2) Section 11 of the Regulation is amended by adding the following
subsection:
(9) The following are deemed to be in the office building property class for
1999 and subsequent taxation years:
1 . Land at the Darlington Generation Station not included in the
commercial property class that is used as a field office for site construction.
IIayp, -2-
2. Land at the Pickering Generation Station that is the portion of the
Engineering Services Building that is not included in the commercial property
class.
6. Subsection 12 (1) of the Regulation is amended by striking out
"section 363 of the Municipal Act" and substituting "section 308 of the
Municipal Act, 2001".
7. Subsection 13 (1) of the Regulation is amended by striking out
"section 363 of the Municipal Act" and substituting "section 308 of the
Municipal Act, 2001".
8. (1) Subsection 14 (1) of the Regulation is amended by striking out
"section 363 of the Municipal Act" and substituting "section 308 of the
Municipal Act, 2001".
(2) Section 14 of the Regulation is amended by adding the following
subsection:
(5) Land at the Darlington Generation Station described in Column 1 of the
following Table that is used as described in Column 2 opposite the description of
the land is deemed to be in the large industrial property class for 1999 and
subsequent taxation years:
Column 1 —Description of Land Column 2—Use
Warehouse Surplus Office Equipment and Furniture Storage
Main Warehouse Main Storage for Plant Wares and Materials
Warehouse Annex Warehouse Record Processing and Shipping and
Receiving
9. Subsection 14.1 (1) of the Regulation is amended by striking out
"section 363 of the Municipal Act" and substituting "section 308 of the
Municipal Act, 2001".
10. Subsection 45.1 (7) of the Regulation is amended by striking out
"section 399 of the Municipal Act" and substituting "section 345 of the
Municipal Act, 2001".
Hays-3-
11. (1) Subject to subsection (2), this Regulation shall be deemed to
have come into force on April 1, 1999.
(2) Sections 2 and 4, subsection 5 (1), sections 6 and 7, subsection 6 (1)
and sections 9 and 10 shall be deemed to have come into force on January
1, 2003.
Rays—4—
SCHEDULE G
Darlington Generation Station Buildings and Structures
MUNICIPALITY:
CLARINGTON
ROLL NUMBER:
1817-010-020-09700-0000 -CLARINGTON
LEGAL DESCRIPTION:
CON BF PT LOT 18 TO 24 RP 10R342, RP 10343, RP 10R 398
EXP PLAN 74387, RP 10R94, RD ALLOWANCE PT, RP10R664
PART 1 AND RP 10R1551 PART 1
SITE PLAN REF. BUILDING/STRUCTURE
0 UNIT 0- SERVICE AREA- Common Services Area Between Units 1-2 and 3-4
1 POWERHOUSE-TURBINE HALL&EXTENSION,REACTOR SERVICE-ALL UNITS
U1 REACTOR BUILDING UNIT ONE
U2 REACTOR BUILDING UNIT TWO
U3 REACTOR BUILDING UNIT THREE
U4 REACTOR BUILDING UNIT FOUR
WF WEST FUEL ANNEX- FUEL LOADING FACILITY ATTACHED TO POWERHOUSE
EF EAST FUEL ANNEX- FUEL LOADING FACILITY ATTACHED TO POWERHOUSE
P1 COOLING WATER PUMPHOUSE ONE
P2 COOLING WATER PUMPHOUSE TWO
P3 COOLING WATER PUMPHOUSE THREE
P4 COOLING WATER PUMPHOUSE FOUR
WTP WATER TREATMENT PLANT- SEDIMENT REMOVAL
15 EPS EMERGENCY POWER SYSTEM ELECTRICAL BLDG
16 EWS EMERGENCY WATER SUPPLY)_PUMPHOUSE - BACK-UP WATER SUPPLY
17 CIRCULATING WATER DISCHARGE STRUCTURE-COOLING WATER CONTROL
18 EPG EMERGENCY POWER GENERATOR #1
20 EPG EMERGENCY POWER GENERATOR #2-
22 EMERGENCY POWER GENERATOR EPG FUEL MANAGEMENT BLDG,
39 FUEL OIL PUMPHOUSE# 1
55 FUEL OIL PUMPHOUSE#2
29 REACTOR MAINTENANCE TRAILER COMPONENTS BLDG.
38 STANDBY GENERATOR ONE- BACK-UP POWER SUPPLY
40 STANDBY GENERATOR TWO- BACK-UP POWER SUPPLY
54 STANDBY GENERATOR THREE - BACK-UP POWER SUPPLY
56 STANDBY GENERATOR FOUR- BACK-UP POWER SUPPLY
46 VACUUM BLDG
PRESSURE RELIEF DUCT
125 STEAMHEATING BOILER HOUSE - BACK-UP HEAT AND STEAM
504 SWITCHING STATION - TRANSFORMING EQUIPMENT
719499.1
SCHEDULE H
DARLINGTON GENERATING STATI®N
1817-010-020-09700-0000
Site Plan,# Building name Building Tax
-Description Class
109/110 A Field Offices(first 25,000 sq.ft.) Field Office for Site CH
Construction
109/110 B Field Offices(>25,000 sq. ft.) Field Office for Site DH
Construction
119 Warehouse Surplus Office LH
Equipment and
Furniture Storage
130 Warehouse Warehouse Record LH
Annex Processing and
Shipping and
Receiving
131 Main Warehouse Main Storage for LH
Plan Wares and
Materials
720297.1