HomeMy Public PortalAboutBy-Law 2018-60 Source Protection Transfer AgreementThe Corporation of the Town of Tecumseh
By -Law Number 2018 - 60
Being a by-law to authorize the execution of a Source Protection
Transfer Agreement between The Corporation of the Town of
Tecumseh (Municipality) and the Towns of Amherstburg, Essex,
Kingsville, Lakeshore, LaSalle, the Municipalities of Chatham -Kent
and Leamington, Township of Pelee, the Corporation of the City of
Windsor and the Essex Region Conservation Authority
Whereas the Parties, save and except the Municipality of Chatham -Kent, entered
into an agreement dated as of October 1, 2015, for the purpose of developing and
implementing a joint program for the enforcement and jurisdictional rights under
Part IV of the Clean Water Act (Majority Agreement);
And Whereas the Municipality of Leamington and the Essex Region Conservation
Authority (ERCA) entered into an amending agreement dated January 25, 2016;
And. Whereas the Town of Tecumseh and ERCA entered into an amending
agreement dated January 2016;
And Whereas ERCA and the Municipality of Chatham -Kent entered into an
amending agreement dated October 1, 2015, on similar terms and condition as the
agreement with the other Parties (Chatham -Kent Agreement);
And Whereas pursuant to Section 7.2 of the Majority Agreement and the
Chatham -Kent Agreement, ERCA can initiate a renewal of the each agreement no
later than 120 days prior to expiry of the term set out in Section 7.1;
And Whereas pursuant to Section 7.4 of the Majority Agreement and the
Chatham -Kent Agreement amendments may only be made by mutual agreement;
And Whereas under Section 5 of the Municipal Act 2001, S.O. 2001 c.25, the
powers of a municipality shall be exercised by its Council by by-law;
Now Therefore the Council of The Corporation of The Town of Tecumseh
Enacts as follows.
That the Mayor and the Clerk be and they are hereby authorized and
empowered on behalf of The Corporation of the Town of Tecumseh, to
execute a Source Protection Transfer Agreement between The Corporation
of the Town of Tecumseh and the Towns of Amherstburg, Essex, Kingsville,
Lakeshore, LaSalle; the Municipalities of Chatham -Kent and Leamington;
Township of Pelee, the Corporation of the City of Windsor and the Essex
Region Conservation Authority, dated the 1st day of October, 2018, a copy
of which Agreement is attached hereto and forms part of this by-law and to
do such further and other acts which may be necessary to implement the
said Agreement;
2. And That this by-law shall come into force and take effect upon on the date
of the third and final reading thereof.
Read a first, second and third time and finally passed this 9th day of October, 018.
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AMENDENT 2018
SOURCE PROTECTION PLAN PART 1V ENFORCEMENT TRANSFER AGREEMENT
THIS AMENDEMENT 2018 made effective the first day of October, 2018.
BETWEEN:
THE TOWN OF AMHERSTBURG
OF THE FIRST PART
- and -
THE TOWN OF ESSEX
OF THE SECOND PART
-and-
THE TOWN OF KINGSVILLE
OF THE THIRD PART
- and -
THE TOWN OF LAKESHORE
OF THE FOURTH PART
- and -
THE TOWN OF LASALLE
OF THE FIFTH PART
-and-
THE MUNICIPALITY OF LEAMINGTON
OF THE SIXTH PART
-and-
THE TOWNSHIP OF PELEE
OF THE SEVENTH PART
-and-
THE TOWN OF TECUMSEH
OF THE EIGHT PART
- and -
THE CORPORATION OF THE CITY OF WINDSOR
OF THE NINTH PART
- and -
THE MUNICIPALITY OF CHATHAM -KENT
OF THE TENTH PART
(hereinafter individually referred to as a "Municipality" and cumulatively referred to as "the
Municipalities")
-and-
THE ESSEX REGION CONSERVATION AUTHORITY
OF THE ELEVENTH PART
(hereinafter called "the Authority")
WHEREAS the Parties, save and except the Municipality of Chatham -Kent, entered into an
agreement dated as of October 1, 2015 for the purpose of developing and implementing a joint
program for the enforcement and jurisdictional rights under Part IV of the Clean Water Act (the
"Majority Agreement"); and
WHEREAS the Corporation of the Municipality of Leamington and the Essex Region Conservation
Authority entered into an amending agreement dated January 25, 2016, the "Leamington
Amendment"; and
WHEREAS the Town of Tecumseh and the Essex Region Conservation Authority entered into an
amending agreement dated January 2016, the "Tecumseh Amendment"; and
WHEREAS The Essex Region Conservation Authority and the Municipality of Chatham -Kent
entered into an agreement dated as of October 1, 2015 on similar terms and conditions as the
AUGUST 31, 2015 P. 1 of 5
SOURCE PROTECTION PLAN PART IV ENFORCEMENT TRANSFER AGREEMENT AMENDMENT 2018
agreement with the other parties (the "Chatham -Kent Agreement"); and
WHEREAS pursuant to Section 7.2 of the Majority Agreement and the Chatham -Kent Agreement,
the Authority can initiate a renewal of each agreement no later than 120 days prior to expiry of the
term set out in Section 7.1; and
WHEREAS pursuant to Section 7.4 of the Majority Agreement and the Chatham -Kent Agreement,
amendments may only be made by mutual agreement;
NOW THEREFORE in consideration of the contractual relationship between the Authority and the
Municipalities referred to above and for other good and valuable consideration, the receipt and
sufficiency of which is hereby expressly acknowledged by all Parties, the Authority and the
Municipalities hereby acknowledge, agree and undertake as follows:
1. The Municipality of Chatham -Kent agrees to be bound by the terms of the Majority
Agreement and the amends thereto stated herein
2. The Majority Agreement subject to the Leamington Amendment and the Tecumseh
Amendment, is amended as follows:
a. The Municipality of Chatham -Kent is added as a party of the Majority Agreement.
b. This Amendment 2018 shall amend the Majority Agreement having an effective date of
October 1, 2018 and shall extend the Majority Agreement for a period of 3 years and 3
months, ending the 31 ' day of December 2021.
c. The Thames -Sydenham and Region Source Protection Region is added to Section 1.3 so
that the Authority will act as agent of the Municipality for the duties and enforcement
responsibilities of Part IV of the Act for those lands located within the Municipality that are
situated wholly or partially within the Essex Region Source Protection Region or the
Thames -Sydenham and Region Source Protection Region
d. To the list of addresses in Section 9.5, the following is added:
To the Municipality of Chatham -Kent:
315 King Street West
Chatham, ON N7M 5K8
Attention: Chief Legal Officer
e. Schedule "A" (cost estimates and accounting), asset out in the Majority Agreement are
deleted in their entirety and replaced with the following:
S771=61e
Municipality
I�
Shared Costs..Direct
Costs
Total Costs
Amherstburg
$7,789
$1,879
$9,668
Town of Essex IF
a F $9,110 .. ,,!,.
RIM $4,367
$13,477
Kingsville
$16,505
$18,293
$34,798
$9,817
VS $5,699
.$15,516 NMI
Lasalle
$7,504
$1,343
$8,847
Leamington
_ $29,687 ate= ..
$43,112 "
$72,799
Pelee
$6,996
$386
$7,382
Tecumseh : '
.:$7,912,
�... $2,1:12
=� $10,024
Windsor
$9,429
$4,969
$14,398
ChathamKent
$8,427..
: $3,082 9ft
W.$11'509
TOTAL
$113,176
$85,242
$198,418
August 27, 2018 P. 2 of 5
SOURCE PROTECTION PLAN PART IV ENFORCEMENT TRANSFER AGREEMENT AMENDMENT 2018
3. All other terms and conditions of the Majority Agreement shall remain in full force and effect
unchanged and unmodified except in accordance with this Amendment 2018.
4. Execution of Agreement; Counterparts; Electronic Signatures
a. This Agreement may be executed in several counterparts, each of which shall be
deemed an original and all of which shall constitute one and the same instrument,
and shall become effective when counterparts have been signed by each of the
Parties and delivered to the other Parties; it being understood that all Parties need
not sign the same counterparts.
b. The exchange of copies of this Agreement and of signature pages by electronic
transmission in "portable document format" (".pdf") form, or by any other electronic
means intended to preserve the original graphic and pictorial appearance of a
document, or by combination of such means, shall constitute effective execution and
delivery of this Agreement as to the Parties and may be used in lieu of the original
Agreement for all purposes. Signatures of the Parties transmitted by electronic
means shall be deemed to be their original signatures for all purposes.
ESSEX REGION CONSERVATION AUTHORITY
Rick Fryer, Chair, Essex Region Conservation Authority Date
Richard J.H. Wyma, General Manager/Secretary-Treasurer Date
1/We have authority to bind the Essex Region Conservation Authority.
TOWN OF AMHERSTBURG
Signature/Name/Title Date
Signature/Name%iitle Date
1/We have authority to bind the Town of Amherstburg.
TOWN OF ESSEX
Signature/Name/Title
Sig nature/Name/Title
Me have authority to bind the Town of Essex.
Date
Date
August 27 2018 P. 3 of 5
SOURCE PROTECTION PLAN PART IV ENFORCEMENT TRANSFER AGREEMENT AMENDMENT 2018
TOWN OF KINGSVILLE
Signature/Name/Title
Signature/Name/Title
Me have authority to bind the Town of Kingsville.
TOWN OF LAKESHORE
Sig nature/Name/Title
Signature/Name/Title
1/We have authority to bind the Town of Lakeshore.
TOWN OF LASALLE
Signature/Name/Title
Signature/Name/Title
Me have authority to bind the Town of LaSalle.
MUNICIPALITY OF LEAMINGTON
Signature/Na m e/Title
Date
Date
Date
Date
Date
Date
Date
Signature/Name/Title Date
I/We have authority to bind the Municipality of Leamington.
August 2i, 2018 P. 4 of 5
SOURCE PROTECTION PLAN PART IV ENFORCEMENT TRANSFER AGREEMENT AMENDMENT 2418
TOWNSHIP OF PELEE
Signature/Name/Title
Signature/Name/Title
l/We have authority to bind the Township of Pelee.
TOWN OF TECUMSEH
Signature/Name/Title (3
r
Sign/at re/Name/Title
L,14e have authority to bind thd.Town of Tecumseh.
THE CORPORATION OF THE CITY OF WINDSOR
Date
Date
aJ
_4jj19;r
Date
//—I,. 'y
Date
Signature/Name/Title Date
Signature/Name/Title Date
l/We have authority to bind the City of Windsor.
MUNICIPALITY OF CHATHAM -KENT
Signature/Name/Title Date
Signature/Name/Title Date
Me have authority to bind the Municipality of Chatham -Kent
August 27, 2018 P 5 of 5