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HomeMy WebLinkAboutBy-law 2608 ~23 '.h".;: A:~ lueh a~reement;~ wiX1 ngt be. e~eeuted until tAe neoe~,~ry ap?r~vals of the Ont,..,rio ~u,':icipaX l.~ard have t~en obtained. oration o~ the ~o'~nshXp o~ :'~lokerin~ as f~l~ows; l, ~hat tho CerT..or tion enter Xn~3 end execute ~reements wl~h ~he ~flt~o ator ~oeo~ce8 ~:~Xss[on for tAe ~lth ~he proJeo~ desori~a ~n ~ched~le .C~ ~o ~his ' 2. 'The heave end ¢:le','X are hereby e~thorized and directed; (e) to execute, at this ~X:'.e tad ~,greeaent attached hereto as .~b~le~A"~ ~nd (b) ~ execute, subject on~y t~ tAe u~pr~v~l ~f the Ofltar~o ~:~:ioipal ~ourd fr~ t~ ~ ti.,~e, a~ree- ~on~m 8ub~t,~nt~ally the o~mo aa ~ho A~ree~ent ,,ttaoh~d hereto aa :~ohedule ':~" ~r tAe ~tuges in~o ~h~ch ~he pr.~Ject deocr~bed iff .~chedule "(;" a~t.,ched !~ereto ts br~en f~r the t:urp~f calling, tenders. This [~ylaw ia subject to th~ approval of the .ntar~o SCHEDULE "A" TO BYL~.W NO o 2"~"~'J"OF Tile CORPORATION OF THE TOWNSHI? OF PIn. RING AGREEMENT FOR THE P~ELINiNARY WORK on a SEWAGE WORKS PROJECT BETWEEN: OI~TARIO WATER RESOURCES CO~R,~ISSION OF Tile FIRST PART - and - TIIF, CORPORATION OF TIlE TOWNSHIF OF ?ICKERING 7~,h--~.ra'~-~"f-~-~-['~'l~ i, tile Municipal OF THE SECOND PABT WIIEREAS the Ontario Municipal Board has given ~ tentative approval to the Municipalit3''s entering into an agreement with the Co,n~issicn for the provision of sewage disposal facilities by the Conm~ission for the Mupioipalit¥ and has authorized the Municipality to expend certain monxes in connection with preliminary work thereon$ AND WllEREAS this Agreement is to provide for the perfor~:~ing of ce:.tain preliminary work and the payment of the ~osts thereof in 'the event that the venture shoflld fail by the failure to obtain final appro'~a! cf the Ontario Hunicipai Board; and for the execution o£ a project agreement if the said f~nal approval should be ebtained; WITNESSETH: 1. The Commission shall~ (a) retain Consulting Engineers for the preparation of working plans and specifications and call tenders; and (b) carry out necessary inci~ental wo~k in preparation for the project which may include S%lrveying% acq'disition of property, and test boring; all for the project described ill Schedule "C" to Bylaw No. ~ ~9' The Municipality shall give such assistance as may be required in negotiation and acquisition of any necessaPy land and easements~ In the event the venture should fail as aforesaid the Nunicipality shall pay or reimburse the Commission all costs incurred by the Commission as a consequence of paragraph 1 up to and in- cluding the t%me o£ final receipt of tenders and the app!ic~tion for the approval of the Ontario ~,~a~icipal Board. - 2 - 4. As and when the final approvals of the Ontario ~nicipal Board are obtained from time to time for the stages into which the project described in Schedule "C" to Bylaw No. ~F may be b~oken for the purpose of calling tenders, tile Municipality shall at such times execute Agreements with the Comrnissi$n ~ubst~ntially the same as the A~eem~nt attached hereto as Schedule t'A~ fg~ SUCh ~,~es~ DATED TRIS ~ day of 10 ~ / ONTARIO WATEB ~ESOUR. ES CO~IISSION Chairman General Manager June60 SCHEDULE" B "TO BYDA',,! NO. ~' O~~ TH] CORPORATION O~~ THE TOWNSHIP OF ~ICKERING SEUgG~ ~'ORKS ~ROJ~CT NO~ THIS ~.GRE~JF[ENT made in triplicate this ~-~day of ~?~ , One Thousand Nine Hundred and ~ ~ hereinafter called the "Commission", OF £Hlt i,'IRST .PART; - and - THZ CORPORATIOI~ OP TIlE T©WNSHIP__O~' ~ICKERING hereinafter called the "Municipality", OP TH.~ SECOND !~'~T WHEREAS the ?[unicipality has requested the Commission to provide and operate sewage disposal facilities for the Municipality and its inhabitants; AND I~HER~]~S the Commission has agreed to do s~; AND !~ER2~AS the Council of the MunicipaIity has on the ~day of ~?/~.. 19~'! passed Bylaw No. ~ authorizing the Municipality to end, er into and to execute this Agreement; AND UHER±]AS the Municipality has applied to Central Mortgage and Housing Corporation under the National Housing Act, 1954, ~or a loan for the purpose of assisting in the construction of the said sewage disposal facilities; THIS AGRE!~M2N~ ~ilTNESSETH that in consideration of the covenants, conditions and payments hereinafter set forth and pursuant to Section 59 of the Ontario 1Tater Resources C~mmission Act R.S.O. 1960, c.281, the parties here{e respectively agree as f~llows: Section A - Construction 1. The C~mmission shall o~nstruet, acquire ~r provide at its own expense, a sewage works project iN accordance with the Schedule attached hereto~ ~he Commission shall cause construction o£ the said sewage works project to be commenced by 19 unless such construction is delayed for reasons beyond the c,ntrol of the Commission, and thereafter, to be proceeded witch in a substantial and workmanlike manner, in accordance with the plans ~nd specifisations submitted to Central Mortgage and Housing Corporation by the P~nicipality with the Municipality's !~an application dated ~ '~5/- 196~, and as may be altered and as approved by the Commission. 2. Ail property acquired or provided by the C~mmissicn for the purposes of this Agreement shall be and remain the - 2 - property of the Commission until ownership thereof is transferred by the Commission as hereinafter provided. ~he Commission shall use its best efforts to ensure that, in th~ construction of the said sewage works project, (a) No person shall be refused employment or otherwise discriminated against in regard to employment because of such person's race, colour, religion or national origin; (b) Canadian labour, parts and materials are used to the full extent to which the same are procurable; (c) Ail empteyed persons are paid fair wages as defined ~y the Fair Wages and Hours of Labour Act R.S.C. 1952 c.108 and the working ho~rs ~f all employed persons shall not exceed 8 hours per d~y or 4~ hours per week except as otherwise provided in the said Ac~ 4(1)The C~mmission shall permit the ~nicipality or persons authorized by the Municipality, (a) to enter upon and inspect the said sewage w~rks project during the construction thereof; (b) to examine from time to time books, records and accounts in respect of the construction of the said sewage works project, maintained by or under the control of the Commission. (2)The Commission shall furnish to the Municipality, to the extent available to t~e Commission, such information as may ~e required from the Municipality by Central Mortgage and Housing Corporation pursuant to the said l~an application and any agreements thereunder. ~ect~on B - Mainte~ancq and Opq~a~io~n 5. As an agent of the Municipality the Commission shall manage, operate, repair and maintain the said sewage works project and shall have the right to shut off or reduce the volume of sewage received or accepted from the Municipality in cases of emergency or breakdown or when it may be necessary in maintaining, repairing or extending the said sewage works project, b~ the Commission shall, when practicable, endeavour to give to the Municipality reasonable notice of intention to shut off or reduce the volume of sewage. The ~nicipality shall supply only s~mitary sewage t~ the said sewage works project unless the Commissi)n otherwise ccnsents in writing. 7. The }~nicipality shall not permit any person net located within the limits of the Municipality tn connect t~ or dispose of sewage through the said sewage works pro~ect, except with the prior written approval of the Commission. 8. The Municipality shall n~t permit any waste which, in the opinion of the Commission, may damage or interfere with the operation of the said sewage works project, to ~e deposited or discharged into any sewer c~nnected directly or indirectly to the said sewage works project. ~ection C - Charges fo~D~sRDsal 9o The Municipality agrees in accordance with Section 40 of the Ontario Water Resources Commission Act R.S.O, 1960, c.281, t~ pay to the Commission the following sums: (a) In each eslendar year durin~ the currency of this Agreement, c,~mmencin~ with the calendar ye're' in which occurs the date of completion of the said sewage works project, (i) The proportion payable by the Municipality, as adjusted by the Commission of ~he total amount of interest and expenses of debt service payable by the C~mmission in each ouch year in respect of all borrowings of the Commission from time to time outstanding and heretofore or hereafter made by the Commission for the purpose of meeting the cost or estimate~ cost of all water w~rks projects and sewage works projects at any time heretofore or hereafter acquired, provided or constructed or in course of acquisition~ provi- sion or c~nstruction by the Commission pursuant to any agreement cz agreements, or for any other purpose of the Commission respecting such projects including the refunding or repayme~t in whole or in part of any such borrowings; (ii) The total cost to the C~mmission in each such year of the ~peration, supervision~ maintenance, repair, administration and insurance of the said sewage works project; and (iii) The total amount in each such year placed by the C.~mmission to the credit of a reserve accoun~ for renewals~ replacements and contin- gencies in respect of the said sewage works projects; ~ut not exceeding l~-~ in any one year of the cost of the said sewage works project~ (b) In each calendar year for --thirty-- years cemmencing with the calendar year in which occurs the date of completion of said sewage works project, smch sum as would be necessary with interest compounded annually thare~n at the rate per annum specified in paragraph 2 of subsection 1 of Section 40 of th.~ Ontario l~ater Resources C~mmission Act R.$.0. 1960, c.281, to form at the expiry of --thirty-- years a fund equal the cos~ of said sewage works project. (c) The M~nicipality shall pay to the Commission all amounts received by the Municipality from Central Mortgage and Housing Corpor'~tion on account of the cost of the said sewage works project upon receipt of the said amounts by the Municipality and the Commission shall deduct the said amounts from the cost of the sa~d sewage works project. (d) The Commission shall not call on the Municipality to pay any share of the debt due the Commission by any other municipality which has already been apportioned and allocated to such other municipality and the pay- ment of which is in arrear. 10. (a) The Municipality shall pay the Conm.ission quarterly and not later than the 15th days of March, June, September and December in each year the sums due by the ~nicipality, all in accordance with Section 42 of the Ontario ~fater Resources Commission Act R.S.O. 1960, c.281. (b) In each calendar year, the Commission shall deliver to the Municipality a statement showing how the charges~ adjustments and allocations are made up. Section_~D_-. G~n~.r~l 11. (a) This Agreement shall remain in force for--thirty-- calendar years followinc the date of completion of the said sewage works project and shall continue in force thereafter until all obligations of the Municipality to the C~mmissio~ have been discharged to the satisfaction cf the C~mmission, as evidenced by a certificate under the seal of the Commission. (b) The property of the Ctmmission acquired or provided solely for the said sewage works project save and except '~he balance remaining to the credit of the reserve account referred to in Paragraph 9(a)(±ii) hereof shall be transferred to the Municipality forth- with after the acquisition thereof by the C~mmissi~n and th~ said balance, together with all earnings all~.cated and credited t~ the reserve account under Paragraph 12 hereof shall be transferre~ to the Municipality on the termination of this Agreement. (c) Notwithstanding paragraph ll(b) above, the C~mmission shall, as an sgent of the Municipality, continue to manage, operate, repair and maintain the said sewage works project until the terminatien of this Agree.,ent. 12. The appropriate share of comings on the Ontario Water Resources Commission Reserve Account and on the invest- ment thereof shall be allocated and credited to the reserve account referred to in Paragraph 9, in accordance with Section ~3(3) of the Ontario /~ater i~esources Commission Act, R~S.O. 1960, c,~281. 13. Anything herein contained to the c~ntrary notwithstanding, each an~ every o£ the provisions of the Ontario ~ster Resources Commission Act, R.S.O~ 1960, c.281, any sub- stitmtions therefor or amendments thereto, and regulations thereunder shall be terms ~f this ~greement, and this Agreement shall be read and construed as if such provisions had been written herein, and in the event of any conflict, ambiguity or inconsistency between any pr~vision of this Agreement and any provision of the said Act or regula- tions, the Act or regulations shall prevail. 1~, In the event of any dispute or difference arising between the parties he:~eto as to the interpretation of this Agreement or the payment, adjustment or apportionment of any sums payable by the Municipality aereunder, such dis- pute or difference shall be referred to arbitration in accordance with Section 40 of the Ontario Water Resources Commission Act, R.S.O. 1960, c.281, and the parties heret~ agree to be bound thereby. IN ~fIT~E~S ~fHLRLOF the C~mmissi~n and the Municipality have caused this Agreement to be executed by the affixing of their corporate seals attested by the signatures of their proper officers duly authorized in that behalf. ONTARIO WATER RESOURCES COMMISSION ~hairman ~eneral Manage~----~ THE CORPOR:~TION OP THE TO~NSHi~ 0~' >ICf~RING SCHEDULE "C' TO BYLA~V NO. ~"'~'"~' OF' THE CORPORATION OF' THE TOWNStttP OF' PICKERING SCHEDULE TO THE AGREEMENT ONTARIO WATER RESOIJRCES COMMISSION TOWNSHIP OF PICKERING D E S C R I P T.,I 0 N O F I~_R 0 d E C T OON~ULTING ENGINC'E:I~S.' PROCTOR & OLIVER LLOYD & ASSOC. LTD, D E T A.I L.S S, E W A G E W.O E._K S PART 1 CONSTRUCTION OF' THE WOI:~S DESCRIBED IN OWRC PRELIMINARY APPROVAL CERTIFICATE Cf 61-A-47 TOTAL ESTIMATED COST INCLo ENP=o & CONTINGENCIES $ 2837000 PART 2 CONSTRUCTION OF THE ~iOR~S DESCRIBED IN O~RC PREI.IIV I NARY APPROVAL CERTI FI CATE ~ 61-A-61 TOTAL ESTIMATED COST INCL. ENG. & CONTINGENCIES 227,000 $ 510,000