HomeMy WebLinkAboutBy-law 3120/89 THE CORPORATION OF THE TOWN OF PICKERING
BY-LAW NO. 3120 /89
Being a by-law to authorize the execution of an
Agreement between The Corporation of the Town
of Picketing and the Municipality of Metropolitan
Toronto for the sharing of royalties from the
production of electricity at the Brock West Land-
fill Site.
WHEREAS The Corporation of the Town of Pickering and the Municipality of Metropoli-
tan Toronto have agreed to share, on a certain basis, royalties received by the
Municipality of Metropolitan Toronto from the production of electricity at its Brock
West Landfill Site in the Town of Picketing;
NOW THEREFORE, the Council of The Corporation of the Town of Picketing HEREBY
ENACTS AS FOLLOWS:
1. The Mayor and Clerk are hereby authorized to execute an Agreement in the
form attached hereto as Schedule A between The Corporation of the Town of
Picketing and the Municipality of Metropolitan Toronto to provide for the shar-
ing of royalties received by the Municipality of Metropolitan Toronto from the
production of electricity at the Brock West Landfill Site.
BY-LAW read a first, second and third time and finally passed this 5th day of June,
1989.
Wayne Krthu~, Mayor
/
/Bru~e Taylor/CI~
/
-:I'OWN OF '1
APPF'.O'FED
THE CORPORATION OF THE TOWN OF PICKERING
BY-LAW NO. 3120 /89
Being a by-law to authorize the execution of an
Agreement between The Corporation o£ the Town
of Pickering and the Municipality of Metropolitan
Toronto for the sharing of royalties from the
production of electricity at the Brock West Land-
fill Site.
WHEREAS The Corporation of the Town of Pickering and the Municipality of Metropoli-
tan Toronto have agreed to share, on a certain basis, royalties received by the
Municipality o£ Metropolitan Toronto from the production of electricity at its Brock
West Landfill Site in the Town of Picketing;
NOW THEREFORE, the Council of The Corporation of the Town of Picketing HEREBY
ENACTS AS FOLLOWS:
1. The Mayor and Clerk are hereby authorized to execute an Agreement in the
form attached hereto as Schedule A between The Corporation of the Town of
Picketing and the Municipality of Metropolitan Toronto to provide for the shar-
ing of royalties received by the Municipality of Metropolitan Toronto from the
production of electricity at the Brock West Landfill Site.
BY-LAW read a first, second and third time and finally passed this 5th day of June,
1989.
Wayne ~rthu~, Mayor
~Bru~e Taylor /
Schedule A
TttlS AGREEMENT made this 1st day of May, 1988.
BETWEEN:
THE MUNICIPALITY OF METROPOLITAN TORONTO
herein called the "Metropolitan Corporation".
OF THE FIRST PART,
and
THE CORPORATION OF THE TOWN OF PICKERING
herein called "Pickering",
OF THE SECOND PART,
WHEREAS the Metropolitan Corporation is operating a sanitary landfill of municipal
non-hazardous solid waste in the Town of Picketing, in the Regional Municipality of
Durham, known as the Brock West Landfill Site (hereinafter referred to as the "Land-
fill Site") which produces significant amounts of landfill gas; and
WHEREAS the Metropolitan Corporation has entered into an Agreement, dated June 13,
1988, with Eastern Power Developers Inc. ("Eastern"), under which Eastern has a
Lease to use the landfill gas to generate electricity for sale to a public utility, for a
term of l0 years, on the terms and conditions therein set out; and
WHEREAS Eastern has obtained a rezoning from Pickering of a portion of the Landfill
Site to permit the construction and operation of the electrical generating facility which
will utilize the Landfill Site gas;
NOW TltEREFORE TttlS AGREEMENT WITNESSETH that the Parties hereto mutually
covenant and agree as follows:
1. (1) The Metropolitan Corporation shall pay to Picketing an amount equal to
Ten Per Cent (10%) of the net royalties paid by Eastern to the
Metropolitan Corporation, pursuant to the said Lease, such payments by
the Metropolitan Corporation to Picketing to be made within 30 days of
the receipt by the Metropolitan Corporation of the quarterly royalty
payments from Eastern.
(2) A statement by the Metropolitan Corporation, showing the calculation of
the payment, shall accompany each payment to Picketing.
2. If the Lease between the Metropolitan Corporation and Eastern is terminated for
any reason whatsoever, this Agreement shall be similarly terminated at the same
time, and shall have no further force or effect.
IN WITNESS WHEREOF the Parties hereto have hereunto affixed their corporate seals
attested to by the hands of their respective officers duly authorized in that behalf.
SIGNED, SEALED AND DELIVERED
THE MUNICIPALITY OF METROPOLITAN TORONTO
Metropolitan Clerk
Treasurer
THE CORPORATION OF THE TOWN OF PICKERING
Wayne Arthurs, Mayor
Bruce Taylor, Clerk