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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