1988-028 Medonte By-law to Authorize an Agreenent to Provide for Joint Management and Operation of Waste Disposal Site
"IIIIIIII
THE CORPORATION OF THE TOWNSHIP OF MEDONTE
BY-LAW NO.
A BY-LAW TO AUTHORIZE AN AGREEMENT TO PROVIDE FOR JOINT
MANAGEMENT AND OPERATION OF WASTE DISPOSAL SITE
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WHEREAS pursuant to Section 208, paragraph 5 of The
Municipal Act, R.S.O. 1980, Chapter 302, By-laws may be
passed by the Councils of all municipalities for entering
into Agreement with one or more municipalities to provide for
joint management and operation of works for garbage
collection and disposal systems;
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AND WHEREAS the Corporation of the Township of Medonte
is the owner of the west half of Lot 19, Concession 13 and
presently operates an 8.1 hectare waste disposal site on a
portion of the said lands pursuant to a provisional
Certificate of Approval for Waste Disposal Site No. A252403,
issued the 29th day of April, 1980;
AND WHEREAS Council has determined that it is desirable
to enter into an Agreement wi th the Corporation of the
Village of Coldwater for the joint management and operation
of the said waste disposal site;
NOW THEREFORE BE IT ENACTED AS A BY-LAW OF THE
CORPORATION OF THE TOWNSHIP OF MEDONTE AS FOLLOWS:
1. This Council does hereby authorize the entering into of
an Agreement with the corporation of the Village of
Coldwater for the joint management and operation of the
said waste disposal site, in the form of the Agreement
annexed hereto as Schedule "A".
2. That the Reeve and the Clerk are hereby authorized to
execute the said Agreement and all other documents
necessary to carry out the intent of this By-law.
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BY-LAW READ A FIRST, SECOND AND THIRD TIME AND FINALLY
PASSED ON THE DAY OF 1Jou 198"
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THE CORPORATION OF THE TOWNSHIP OF MEDONTE
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TIDS AGRRRMF.NT made in quadruplicate this
tl
day of November, 1988.
BET WEE N:
THE CORPORATION OF THE TOWNSHIP OF MEDONTE
(hereinafter called "Medonte")
OF THE FIRST PART
- and -
THE CORPORATION OF THE VILLAGE OF COLDWATER
(hereinafter called "Coldwater")
OF THE SECOND PART
1.
REClTAI.8
WHEREAS Medonte is the owner of the west half of Lot 19, Concession 13, comprising
a total area of 40.5 hectares;
AND WHEREAS Medonte presently operates an 8.1 hectare landfilling site on a portion
of the said lands, pursuant to a Provisional Certificate of Approval for Waste Disposal Site No. A
252403, issued the 29th day of April, 1980;
AND WHEREAS the Municipal Act, R.S.O. 1980, Chapter 302, Section 208, paragraph
5 authorizes Councils of municipalities to pass by-Jaws for entering into agreement with one or more
municipalities to provide for the joint management and operation of garbage collection and disposal
systems;
AND WHEREAS waste generated from within the municipal limits of the Village of
Coldwater is being deposited at the Waste Disposal Site, and the parties hereto mutually desire to
formalize their agreement respecting the continued receipt of such waste at the Waste Disposal Site and
Goldwater's participation in, and contribution to, the operation of the Waste Disposal Site upon the
terms and conditions hereinafter set out;
AND WHEREAS the parties hereto acknowledge and agree that is desirable to make
provision for the future waste disposal requirements of their residents, and desire to establish a Capital
Trust Fund to which contributions shall be made to defray the costs of future waste disposal operations;
NOW THEREFORE in consideration of the premises and other good and valuable
consideration and of the covenants and conditions hereinafter set forth, the parties hereto mutually
covenant, promise and agree as follows:
2. DEFINITIONS
In this agreement:
(a)
"Capital Trust Fund" shall mean the fund established and maintained by Medonte, to which
contributions shall be made by the parties hereto in accordance with the provisions as
hereinafter set forth;
(b) "Operating Cost" shall mean the cost of operation, maintenance and improvement of the waste
disposal site and, while not limiting the generality of the foregoing, shall include:
i)
ii)
ill)
iv)
v)
vi)
vii)
viii)
xi)
any contract for the operation thereof,
wages, salaries or benefits,
maintenance of access road,
weed cutting,
winter control,
incidental land acquisition expenses,
engineering expenses,
insurance,
any taxes or grants in lieu thereof paid in an amount equivalent to agricultural
rates to Medonte.
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(c) "Perpetual Care" means all steps required to minimize or eliminate the effects of the Waste
Disposal Site on the surrounding environment and includes, without limiting the generality of
the foregoing, all steps required to comply with any Provincial Acts, Regulations, Certificates,
Permits, Licences and Directions.
(d)
"Waste" means domestic and commercial waste and 5% solid agricultural waste as designated
in the regulations under the Environmental Protection Act, R.S.O., 1980, as amended from
time to time.
(e) 'Waste Disposal Site" shall mean the Waste Disposal Site currently operated by Medonte on the
west half of Lot 19, Concession 13, Township of Medonte, and any additions thereto from time
to time.
3. TERM
This agreement shall come into force and effect upon the date hereof, and shall be for
a term of 10 years commencing on the 1st day of January, 1988.
Following the term described above, the agreement shall continue in force from year
to year until terminated pursuant to the provisions of this agreement.
4. TERMINATION
'This agreement may be terminated by either party at any time during the term, or any
renewals thereof, upon six (6) months notice in writing to the other party, provided that in no event
shall Coldwater be entitled to the return of all or any portion of its contribution to the capital fund
except as set out below.
5. OPERATION OF THE WASTE DISPOSAL SITE
The Waste Disposal Site shall be operated and maintained by Medonte, in accordance
with:
(a) Provincial Statutes and Regulations;
(b) conditions imposed with respect to any approval required for the creation and operation
of the Jandfill site, including those contained in any Certificate of Approval or Provisional
Certificate of Approval for the Waste Disposal Site in effect from time to time;
(c) the authorizations and directions contained in this agreement; and
(d)
such rules and regulations as shall be established by the Council of Medonte from time
to time, in its absolute discretion.
6. PROJECTION, APPORTIONMENT & PAYMENT OF OPERATING COSTS
In this Agreement, "Proportionate Share" of a party means that fraction which has as
its numerator the population of the municipality that is represented by the party, and has as its
denominator the total populations of the municipalities represented by both of the parties hereto, all
in accordance with the most recent population figures established by the Tax Assessment Office of the
County of Simcoe, from time to time.
In each and every year of the term of this agreement, or any renewals thereof, Medonte
shall establish, on or before the 1st day of July in each and every year, the projected operating costs
of the Waste Disposal Site for the then current fiscal year from January 1st to December 31st.
The parties hereto shall contribute their proportionate share of the Operating Cost as
projected as follows:
(a) During the first year of the term of this Agreement, the parties shall contribute, on the
1st day of each and every month of that year, an amount equivalent to one-twelfth of
their proportionate share of the Operating Cost as actually incurred in the operation of
the Waste Disposal Site for the calendar year 1987.
In addition, the parties hereto shall contribute, on the date of the execution of this
Agreement, an amount equivalent to the difference between their entire proportionate
share of Operating Cost for the calendar year 1987 and the projected operating cost for
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the calendar year 1988 as determined by Medonte in accordance with this paragraph.
(b)
In each and every year of the term thereafter, the parties shall contribute, on the first
day of each and every month of that year, an amount equal to one-twelfth of their
proportionate share of the Operating Cost as projected for the preceeding year.
In addition, the parties shall contribute on the first day of each month, commencing on
the 1st day of July, and ending on the 1st day of December in that year, one-sixth of
their proportionate share of the amount which is equivalent to the difference between
the Operating Costs as projected for the previous year and the Operating Costs as
determined for the then current year.
All contributions as set out above shall be payable to Medonte on the dates as
hereinbefore set forth, and all payments received by or payable by Medonte as required in this
Section shall be maintained by Medonte in an account established solely for that purpose, until
such time as actually required to pay all or any portion of the Operating Cost.
7.
CAPITAL TRUST FUND
Medonte shall establish and maintain a Capital Trust Fund to defray the costs of the
closure, maintenance and perpetual care of the Waste Disposal Site, and any costs incurred in making
provision for the future waste disposal requirements of the parties hereto, including, without limiting
the generality of the foregoing, the acquisition of lands for future waste disposal sites and all
applications required in conjunction therewith, and the establishment of any alternative systems of
waste disposal management as may be deemed desirable by Medonte in its absolute discretion.
In each and every year of the term of this agreement and any renewals thereof, within
30 days of the execution of this agreement for the first year of the term, and on or before the 1st day
of July in every succeeding year the required contribution to the Capital Trust Fund for the upcoming
year of the term shall be determined by Medonte.
The parties hereto shall pay one-half of their proportionate share of the required
contribution to the Capital Trust Fund on or before the 1st day of October in each year of the term
and any renewal thereof, and one-half of their proportionate share of the required contribution to the
Capital Trust Fund on or before the 1st day of March in each year of the term or any renewal thereof.
Medonte shall be entitled to apply the monies received into the Capital Trust Fund in
accordance with the objectives set out above as it sees tit, upon written notice to Coldwater, and prior
to any such expenditure, may maintain the monies in such manner of investment or investments as
it sees tit.
In the event that the Province of Ontario or any other body with requisite authority
imposes an alternative method of operation for the Waste Disposal Site, or an alternative waste disposal
system, or imposes an alternative means of funding the future capital requirements of the parties
relating to the closure, maintenance and perpetual care of the Waste Disposal Site or the long term
waste disposal requirements of the parties, Coldwater shall be entitled to the return of such portion of
its contribution to the Capital Trust Fund as is deemed by Medonte to no longer be required for Capital
Trust Fund purposes.
8. FAILURE TO CONTRIBUTE TO OPERATING COSTSICAPITAL TRUST FUND
It is agreed that should Coldwater fail to make its required contribution to Operating
Costs or the Capital Trust Fund within 30 days of the date required for each and any of such
contributions, its rights hereunder shall be terminated 10 days after the date upon which written notice
of Medonte's intention to terminate is received by Coldwater, and Medonte shall be entitled to take any
and all such steps as it determines necessary to assure that waste generated from within the municipal
limits of the Village of Coldwater are no longer deposited in the Waste Disposal Site from the date of
termination.
9. CLOSURE, MAINTENANCE & PERPETUAL CARE
Notwithstanding anything herein contained to the contrary, the parties hereto shall be
jointly responsible for the closure, maintenance and perpetual care of the Waste Disposal Site in
accordance with all Provincial Acts, Regulations, Certificates, Permits, Licenses and Directions.
All costs of the closure, maintenance and Perpetual Care of the Waste Disposal Site shall
be apportioned in accordance with the provisions of Section 6, hereinbefore contained.
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10. ULTIMATE USE
The parties hereto hereby recognize that the Waste Disposal Site shall at all times
remain the property of Medonte and that the parties hereto are jointly liable for the operation, closure
and maintenance and perpetual care of the site. It is therefore agreed that the Waste Disposal Site,
may, following closure, be put to a use by Medonte in accordance with all Provincial Acts, ReguJations,
Certificates, Permits, Licences and Directions.
11.
INSURANCE
Medonte sha1l obtain and keep in good standing at all times insurance in accordance
with all Provincial Acts, Regulations, Certificates, Permits, Licences and Directions, in such amounts
and with such insurers as it sees fit in its absolute discretion. All such insurance policies shall name
Coldwater as a co-insured.
12. RESPON81JmnYIESOF MEDONTE
Medonte sha1l act expeditiously and in good faith with respect to all of its obligations
in accordance with the terms and provisions of this agreement. The Council of Medonte shall authorize
the proper signing officers to execute all documents, agreements and applications as may be required
in accordance with the terms and provisions of this agreement, and as may be required to permit and
promote the effective operation of the Waste Disposal Site or future waste management systems.
13. INDEMNIFICATION
Coldwater hereby indemnifies and saves harmless Medonte against all liabilities, costs,
fines, suits, cJaims, demands and actions and causes of action of any kind for which Medonte may
become liable by reason of this agreement or any action taken hereunder in the operation of the Waste
Disposal Site. The parties hereto sha1l be jointly and severally liable for all such liabilities, costs, fmes,
suits, claims, demands, actions and causes of action whatsoever.
14. TRRMTN'"ATION OF AGRF.F.MF.1\lT ON CLOSURE OF WASTE DISPOSAL SITE
Notwithstanding anything herein contained, the parties agree that this agreement sha1l
terminate upon the closure of the Waste Disposal Site pursuant to the order or direction of any Federal
or Provincial authority.
15. NOTICE
Any notice to be given by any party under this Agreement may be given by: (a) personal
service on the parties hereto at their municipal offices from time to time, or (b) prepaid First Class mail
addressed to the other party at their municipal offices, which notice sha1l be deemed to have been
received 72 hours after mRi1ing.
IN W1'I'NES..CJ WHEREOF the parties have hereunto affixed their corporate seals duly
attested by their proper signing officers in that behalf.
THE CORPORATION OF THE TOWNSHIP OF MEDONTE
per:
THE CORPORATION OF THE VILLAGE OF COLDWATER
BY-LAW NUMBER 760
A By-law to authorize an agreement to
for joint management and operation of
Township of Medonte WasteDisposa1 Site
provide
The
WHEREAS pursuant to Section 208, paragraph 5 of The Municipal Act,
R.S.O., 1980, Chapter 302, By-laws may be passed by: the Councils
of all municipalities for entering into Agreements with one or more
municipalities to provide for joint management and operation of works
for garbage collection and disposal systems;
AND WHEREAS the Corporation of the Township of Medonte is the owner
of the west half of Lot 19, Concession 13 and presently operates
an 8.1 hectare waste disposal site on a portion of the said lands
pursuant to a Provisional Certificate of Approval for Waste Disposal
Site No. A252403, issued the 29th day of April, 1980;
.
AND WHEREAS the Council of the Village of Coldwater has determined
that it is desirable to enter into an Agreement with the Corporation
of the Township of Medonte to provide for the joint management and
operation of the said waste disposal site;
.
NOW THEREFORE the Corporation of the Village of Coldwater enacts
a By-law as follows:
1. This Council does hereby authorize the entering into of an Agreement
with the Corporation of the Township of Medonte for the joint
management and operation of the said waste disposal site, in
the form of the Agreement annexed hereto as Schedule "A".
That the Reeve and the Clerk are
the said agreement and all other
out the intent of this By-law.
hereby authorized to execute
documents necessary to carry
2.
3. That this By-law shall come into force and have effect upon
the date of its final passage.
Read a first and second time this 5th day of Dec~ber 1988.
Read a third time and finally passed this 5th day of December 1988.
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Clerk