1990-110 Oro
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THE CORPORATION OF THE TOWNSHIP OF ORO
BY-LAW NO. 90-110
Being a By-Law To Authorize the Execution of an Agreement
with the Corporation of the County of Simcoe
Respecting Waste Management Services
WHEREAS the County of Simcoe has passed By-laws #3854 and #3845
to assume all waste management powers of the local municipalities
forming a part of the County pursuant to the provisions of
209a(2) of the Municipal Act, R.S.O. 1980, as amended;
AND WHEREAS the Township has within its municipal boundaries a
landfill site as set forth in Appendix "A" to the Agreement;
AND WHEREAS pursuant to section 209a(19) of the Municipal Act,
R.S.O. 1980 as amended, the Township has agreed to act as the
County's agent in administering Waste Management Undertakings
while the County implements the necessary infrastructure;
NOW THEREFORE Council for the Corporation of the Township hereby
enacts as follows:
1. The Reeve and Administrator/Clerk are authorized to
enter into an Agreement with the County of Simcoe
attached hereto as Schedule "A" on behalf of the
Corporation of the Township of Oro.
2. Schedule "A", the Agreement between the County of
Simcoe and the Township of Oro with regard to waste
management responsibilities shall form a part of this
By-law.
3. This By-law shall take effect upon passage thereof.
READ a first and second time this 17th day of September, 1990.
READ a third time and finally passed this 17th day of September,
1990.
THE CORPORATION OF THE TOWNSHIP OF ORO
Rat E.?:U~
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Administrator/Clerk, Robert W. Small
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THIS AGREEMENT, MADE THIS 17th day of September, 1990.
BET WEE N:
THE CORPORATION OF THE COUNTY OF SIMCOE
hereinafter referred to as the "County"
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THE CORPORATION OF THE TOWNSHIP OF ORO
hereinafter referred to as the "Township"
WHEREAS the County and the Township are municipal corporations as
defined by the Municipal Act, R.S.O. 1980, c.302;
AND WHEREAS pursuant to the terms of the Municipal Amendment Act,
S.O. 1989, C.43 (the "Act") the council of a county may pass a
by-law to empower it to adopt a waste management plan or to
assume any or all of the waste management powers of the local
municipalities forming a part of that county;
AND WHEREAS the
(the "By-laws")
management powers
of the County;
County has passed By-law 3854 and By-law 3845
whereby the County assumed all the waste
for all the local municipalities forming a part
AND WHEREAS the Township has within its municipal boundaries
landfill sites (the "Land Sites") as set forth in Appendix "A"
attached hereto;
AND WHEREAS the Township is currently undertaking the studies
(the "Studies") set forth in Appendix "B" attached hereto;
AND WHEREAS the Township is a party to the agreements set forth
in Appendix "c" (the "Agreements") attached hereto;
AND WHEREAS
programs as
"Programs") ;
the
set
conducts
Appendix
certain waste management
"D" attached hereto (the
Township
forth in
AND WHEREAS the operation of the Landfill Sites, the continuation
of the Studies, the proper management and operation of the
Agreements and the continuation of the Programs (collectively
referred to as the "Waste Management Undertakings") are
undertakings within the contemplation of the Act and By-laws and
constitute waste management powers as defined in the Act;
AND WHEREAS pursuant to Section 209 a(19) the Township has agreed
to act as the County's agent in administering the aforesaid Waste
Management Undertakings on the County's behalf while the County
implements the necessary infrastructure to permit it to continue
the Waste Management Undertakings on its own behalf;
NOW THEREFORE WITNESSETH THAT for good and
consideration, the receipt and sufficiency of which
acknowledged, the parties hereto agree as follows:
valuable
is hereby
1. The Township agrees to assume the administration of the
Waste Management Undertakings in their ordinary course as of and
from January 23, 1990, pending notice from the County that the
County intends to assume any or all of the Waste Management
Undertakings.
2. The Township agrees not to enter any extraordinary
commitments in connections with the Waste Management Undertakings
whether those commitments be contractual, financial or otherwise,
without the prior written consent of the County. For greater
certainty, the County and the Township agree that an
extraordinary commitment includes any of the following:
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( i)
a contract having a value in excess of
$10,000.00;
a contract for the sale of assets;
a contract having a duration in excess of one
(1) year (except those contracts itemized in
Appendix "C");
the employment of additional employees; or
any contract which requires the approval of the
Ontario Municipal Board.
( i i )
(iii)
( i v)
( v)
3. The Township agrees to maintain all existing insurance
coverage relating to the Waste Management Undertakings and
related holdings and activities unless specifically requested by
the County to a1 ter such coverage. The Township further agrees
to add the County as an insured party on all insurance policies
maintained by the Township and related to the operation or
maintenance of Waste Management Undertakings. The County agrees
that insurance costs will be an item of adjustment.
4. The County and the Township agree that the cost of the Waste
Management Undertakings will be financed pursuant to Subsections
209 (a) (21), 209 (a) (22) and 209 (a) (23) of the Act.
5. The Township agrees to maintain books, records and accounts
of its Waste Management Undertakings ("Waste Management
Accounts") in a form satisfactory to the County, and shall permi t
the County, or its representative to inspect such Waste
Management Accounts at any reasonable time. The Waste Management
Accounts should be segregated from the general books, records and
accounts of the Township.
6. The Township will submit an audited statement, in the format
prescribed by the County, of its Waste Management Undertakings
for the year ended December 31 to the County, by March 31 of the
following year. In addition, the Township will provide to the
County, annually, an affidavit signed by its Treasurer, to the
effect that the audited statement of its Waste Management
Undertakings accurately reflect the financial status of those
Waste Management Undertakings including all assets, liabilities,
revenues and expenses during the period presented.
DATED this 17thday of September, 1990.
THE CORPO
Per:
Per:
Per:
Per:
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Appendix "An
Open sites:
1. East half of Lot 10, Concession 6, being Part 1 on Reference
plan 5lR-2395, Township of Oro.
Closed Sites:
No closed sites.
Closed Out Sites:
No closed out sites.
Transfer Stations:
No transfer stations.
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Appendix liB"
NO STUDIES
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Appendix "Cn
1. Agreement between the Township and Mid Ontar io Disposal to
provide for the collection, transport and recycling of municipal
garbage from within the Township.
2. Agreement between the Township and the Ministry of the
Environment to provide for the provision of funds by the Ministry
to the Township in support of the municipal recycling program.
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Appendix "D"
NO PROGRAMS