2005-100 To Enter into a Water and Wastewater Systems Operations Agreement between The Corporation of the Township of Oro-Medonte and Big Cedar(Oro) Residents Association
THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE
BY-LAW NO. 2005-100
Being a By-law to Enter into a Water and Wastewater Systems Operations
Agreement between The Corporation of the Township of Oro-Medonte and Big
Cedar (Oro) Residents Association
WHEREAS Section 23 of the Municipal Act, 2001, S.O. 2001, c.25, as amended,
authorizes the Council of a Municipality to enact a by-law to enter into an agreement
with any person to operate a private water works;
AND WHEREAS The Corporation of the Township of Oro-Medonte deems it desirable
to enter into an agreement with the Big Cedar (Oro) Residents Association to operate
the water and wastewater systems at Big Cedar Estates;
NOW THEREFORE The Council of the Corporation of the Township of Oro-Medonte
enacts as follows:
1. That the Mayor and Clerk be authorized to execute the Water and Wastewater
Systems Operations Agreement with Big Cedar (Oro) Residents Association, shown
as Schedule "A" attached hereto and forming part of this By-law.
2. That this By-law shall come into full force and effect on its final passing thereof.
BY-LAW READ A FIRST AND SECOND TIME THIS 19th DAY OF OCTOBER, 2005.
BY-LAW READ A THIRD TIME AND FINALLY PASSED THIS 19th DAY OF
OCTOBER, 2005.
THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE
Schedule "A" to By-Law No. 2005-100
BIG CEDAR (ORO) RESIDENTS ASSOCIATION
WATER AND WASTEWATER SYSTEMS
OPERATIONS AGREEMENT
WITH
THE CORPORATION OF THE
TOWNSHIP OF ORO-MEDONTE
BIG CEDAR (ORO) RESIDENTS ASSOCIATION
WATER AND WASTEWATER SYSTEMS
OPERATIONS AGREEMENT
This Agreement made, in triplicate, this 19th day of October, 2005.
BETWEEN:
BIG CEDAR (ORO) RESIDENTS ASSOCIATION
Hereinafter referred to as the "Owner"
- and -
THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE
Hereinafter referred to as the "Township"
WHEREAS the Owner has constructed a water and wastewater supply and distribution
system to service Big Cedar Estates Mobile Home Park.
WHEREAS the Owner has obtained Ministry of the Environment Permit to Take Water
#91-P-3105, contained in Schedule B, for Well No.4, which supplies water to this
system.
WHEREAS the Owner has obtained Ministry of the Environment Certificate of Approval
#7-1016-90-916, contained in Schedule C, for the water supply and distribution system.
WHEREAS the Owner has obtained Ministry of the Environment Certificate of Approval
#3155-68UQ33, contained in Schedule D, for the operation of the sewage works.
WHEREAS the water and wastewater systems are to be operated in accordance of the
Ontario Water Resources Act, R.S.O. 1990, Chapter 0.40, as amended (the "Act").
WHEREAS the Owner requested the Township to conduct testing and operation of their
water and wastewater systems in accordance to the "Act".
Page 2 - Big Cedar (Oro) Residents Association
Water and Wastewater Systems - Operations Agreement
Therefore, the parties to this Agreement agree to the following:
1. The Township shall operate Big Cedar Estates' water supply and distribution
system, and wastewater pumping station and distribution system, utilizing
licenced operators, in order to meet the requirements of the Ontario Water
Resources Act.
2. The Township shall be responsible for all testing, in order to meet the
requirements of the Certificates of Approval and the Safe Drinking Water Act,
2002.
3. The Township shall be responsible for the following operating requirements:
WATER
.:. Daily (seven days/week) grab sample testing of the chlorine residual at the
pumphouse and in the distribution system;
.:. Weekly microbiological sampling in the distribution system;
.:. Weekly sampling of raw water. During the daily grab sampling, Township
staff would record well flows, distribution flows, check operation of well and
pumphouse, make any minor adjustments, add chlorine, and record all
information in a log book to be located in the pumphouse;
.:. Chemical testing requirements, as per Schedule 13 of Reg. 170/03 and your
present Certificate of Approval, would be completed by Geospec Engineering
Ltd. in conjunction with Township testing;
.:. All repairs to the distribution system would be completed by the Owner's staff.
Township staff would be notified of these repairs and would be responsible
for operating any valves or hydrants;
.:. Any repairs to equipment within the pumphouse or well house would be the
responsibility of the Owner. Any repairs completed by Township staff upon
approval by the Owner would be charged to the Owner at an hourly rate, plus
materials;
.:. Calibration of flow meters annually;
.:. Water testing for the Club House, as per OReg. 252/05.
Page 3 - Big Cedar (Oro) Residents Association
Water and Wastewater Systems - Operations Agreement
WASTEWATER
.:. Daily recording of lagoon effluent flows to spray fields;
.:. Grab samples of lagoon effluent (ahead of spray irrigation), monthly, at the
beginning of, and during each month, of the spray season;
.:. Grab samples of groundwater, three times each year, from each of the
monitoring wells, prior to, middle, and end of each spray season;
.:. Two (2) soil samples from the spray irrigation, collected annually, prior to
spray season;
.:. PH monitoring bi-weekly;
.:. Monitor flow daily to spray field to ensure the capacity of 457.5 cm/day is not
exceeded;
.:. Quarterly sampling of raw effluent.
4. The Owner shall be responsible for all reporting required by the M.O.E. and to
the public, in keeping with the Ontario Safe Drinking Water Act and the
Certificates of Approval.
5. The Township will invoice the Owner at an hourly rate of $55.00 for regular
working hours and $70.00/hr. for work performed outside of regular working
hours and statutory holidays, on a quarterly basis.
6. The Township will provide the Owner, in November, with information relating to
the operation and maintenance of the water system, required to prepare the
annual budget, for the Owner's approval.
7. The Township shall report to the Owner:
i) All water testing results, including actions taken to remedy any anomalies;
ii) Any non-routine system repairs, including costs.
8. The parties agree that the Owner shall hold the Township harmless, shall
indemnify the Township against all actions, claims, charges, fines, damages
whatsoever arising from or related to the Township's performance of this
Agreement, and fully compensate the Township for costs or loss thereof,
including payment of legal counsel, save and except for any charges, claims,
Page 4 - Big Cedar (Oro) Residents Association
Water and Wastewater Systems - Operations Agreement
fines or damages that arise from the Township's operation and maintenance of
the water supply and distribution system regarding those matters set out in
Sections 1 to 3 above, unless such charge, fine, claim or damage is due to the
action, inaction, or negligence of the Owner.
9. The parties agree to each respectively take out adequate insurance in the
amount of not less than Five Million Dollars ($5,000,000.00), and to include
each of the other as co-insured, and to keep such policies in full force and effect.
10. The Owner will pay any invoices received within 45 days of their receipt.
11. Delivery of any correspondence shall be deemed to have been received within
three (3) business days of its mailing by prepaid, first-class mail when addressed
as hereinafter provided:
i) To the Owner:
Big Cedar (Oro) Residents Association
21 Big Cedar Park Road
Box 500, R. R. #2
HAWKESTONE, Ontario
LOL no
ATTENTION: Brenda Post
ii) To the Township:
Corporation of the Township of Oro-Medonte
148 Line 7 South
Box 100
ORO, Ontario
LOL 2XO
ATTENTION: Director of Engineering and Environmental Services
Facsimiles shall be deemed to have been received upon receipt of notification of
successful transmission:
i) To Big Cedar Estates - (705) 325-4633
Ii) To the Township - (705) 487-0133
Page 5 - Big Cedar (Oro) Residents Association
Water and Wastewater Systems - Operations Agreement
12. The parties to this Agreement agree that one year's notice, by either party, duly
served, shall constitute the official notification that this Agreement shall be null
and void on December 31st on the year following receipt of said notice.
13. The parties agree and acknowledge that each is satisfied as to its jurisdiction to
enter into this Agreement. Therefore, each of the parties agrees that it shall not
question the jurisdiction of the Township, or of the Owner, to enter into this
Agreement or question the legality of any portion of the foregoing. The parties
hereto, their successors, assigns and lessees are, and shall be, stopped from
contenting otherwise at any proceeding before a court, tribunal or other body.
14. The parties hereto agree and acknowledge that the recitals are accurate and
shall form part of this Agreement.
15. This Agreement shall be construed with all changes in number and gender as
may be required by the context.
16. Time shall be of the essence in this Agreement.
17. This Agreement shall be binding upon and enure to the benefit of the parties
hereto, their respective successors, and assigns.
18. In this Agreement, words denoting the singular include the plural and vice versa.
19. If any individual provisions of this Agreement are determined by a court of
competent jurisdiction to be illegal or beyond the power, jurisdiction or capacity
of either of the parties bound hereby, such provision shall be severed from this
Agreement and both the Owner and the Township agree that the remainder of
the Agreement shall remain in force and effect mutates mutandis. In such case,
the Owner and the Township agree to negotiate in good faith to amend this
Agreement in order to implement the intention as set out herein.
Page 6 - Big Cedar (Oro) Residents Association
Water and Wastewater Systems - Operations Agreement
IN WITNESS WHEREOF the Parties hereto duly executed this Agreement under seal.
Dated at {3j1 CuxevY C<d:. this
/9
day of ~
in the yearOiOOS
BIG CEDAR (ORO) RESIDENTS ASSOCIATION
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THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE
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