HomeMy WebLinkAboutFCS-12-068 - Cross Border Agreement - Gateway Sportsworld Area.1
KITC;H~.N~.R
Staff Report
finance and Corporate Ser~rices Department
www.kif[henerca
REPORT TO: Committee of the Whole
DATE OF MEETING: April 23, 2012
SUBMITTED BY: Lesley McDonald, Director of Legal Services
519-741-2267
PREPARED BY: Steve Ross, Assistant City Solicitor (519-741-2266)
Steve Allen, Manager Engineering Design and Approvals
WARD(S) INVOLVED: 3
DATE OF REPORT: April 5, 2012
REPORT NO.: FCS-12-068
SUBJECT: Cross Border Agreement with Cambridge -
Gateway/Sportsworld Area
RECOMMENDATION:
THAT the Mayor and Clerk be authorized to enter into a Cross Border Agreement with the
City of Cambridge, documenting the existing relationship with respect to lands in the
Gateway/Sportsworld Area, substantially in the form of agreement attached hereto as
Appendix "A" and to the satisfaction of the City Solicitor.
BACKGROUND:
For several years, the residents and businesses of the Gateway/Sportsworld Area have been
connected to the sanitary sewer servicing system of the City of Cambridge. Although this
arrangement has worked well to date, it was determined that it would benefit both parties if there
was a formal agreement to govern the relationship.
REPORT:
The City of Kitchener reads water meters, calculates the sewer rate, charges and collects
revenue at the City's regular sewer rate from homes and businesses in the
Gateway/Sportsworld Area identified more specifically in Schedule "A" of Appendix "A"' attached
hereto. All properties in this area benefitting from a municipal sanitary connection, drain to the
City of Cambridge treatment plant owned and operated by the Region of Waterloo. The City of
Kitchener pays the City of Cambridge a lesser amount based upon the water consumption of
the property, multiplied by the Region of Waterloo wholesale sewer rate. Throughout the
process of completing the Cross Border agreement with Cambridge pertaining to the expansion
of Conestoga College, staff became aware that no written agreement existed between the City
and the City of Cambridge for the Gateway/Sportsworld Area.
Staff determined that it would bring greater certainty and indeed constitutes best management
practises to formalize the existing agreement by entering into a written agreement.
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FINANCIAL IMPLICATIONS:
There will be no change in the manner in which the City collects monies from the residents and
businesses, nor in the manner in which it remits payments to the City of Cambridge. The
wholesale rate will continue to be determined by the Region of Waterloo.
CONCLUSION: (OPTIONAL HEADING)
Staff recommend that the City enter into a Cross Border Agreement for the
Gateway/Sportsworld Area to the satisfaction of the City Solicitor.
ACKNOWLEDGED BY: Pauline Houston, Deputy CAO,
Infrastructure Services Department
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CROSS BORDER SERVICING AGREEMENT
FOR SEWAGE COLLECTION AND WATER
This Agreement made this day of May, 2012.
BETWEEN:
THE CORPORATION OF THE CITY OF CAMBRIDGE
hereinafter called "Cambridge"
of the First Part
- and -
THE CORPORATION OF THE CITY OF KITCHENER
hereinafter called "Kitchener"
of the Second Part
WHEREAS Cambridge and Kitchener wish to enter into this Agreement pursuant
to Section 20 of the Municipal Act, R.S.O. 2001, Chapter 25;
AND WHEREAS Cambridge has permitted certain lands within Kitchener to drain
to sewers and a sanitary treatment plant within Cambridge;
NOW THEREFORE in consideration of the premises and the mutual covenants
and agreements herein contained and subject to the conditions hereinafter set out,
Cambridge and Kitchener covenant and agree as follows:
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Sportsworld Drive Area
1. Cambridge agrees to the extension of Cambridge's sanitary sewer as depicted
on the attached Schedule "A" to serve the Sportsworld Drive Area (the "Service
Area") within the City of Kitchener;
2. The parties hereto agree that no other lands except those within the Service Area
limit as shown on Schedule "A" attached hereto, shall be serviced without prior
written approval of Cambridge.
3. Kitchener shall pay all the costs associated with the installation, operation and
maintenance of the sanitary works within the Service Area, its related
appurtenances and gravity sanitary sewer main from its location in Kitchener to
its existing outlet at the municipal boundary with Cambridge.
4. The parties hereto agree that Kitchener will own and maintain the sewer system
within the Service Area in accordance with Kitchener's standards.
5. Cambridge must maintain its sanitary sewer system within its own municipal
boundary in such a way that flows from Kitchener are accommodated at all times.
However, Cambridge retains the right to service interruption in the event of
sanitary sewage maintenance or emergency work.
6. Kitchener will pay all taxes applicable to, and shall insure all sanitary service
works within the Service Area.
7. The parties hereto agree that Kitchener will read meters and collect revenue for
the sanitary sewer system through the billing of the customers in the Service
Area on the basis of the following formula:
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Water Consumption x Kitchener Sewer Rate
These rates are subject to change based on Regional and Kitchener rates in
effect at the time of payment.
8. Kitchener shall remit to Cambridge on an annual basis payment pursuant to the
following formula:
Total Water Consumption in Service Area x Regional Wholesale Sewer Rate
General
9. This Agreement will remain in effect for a period of twenty (20) years from the
date of this Agreement and thereafter shall automatically be renewed for a further
period of 20 years. The Cities may negotiate an extension of this Agreement at
the end of the renewal period.
10. All notices, consents, requests and approvals, any notice in change of address
for the purpose of this Agreement and other communications provided for or
required herein shall be deemed validly given, made or served in writing if
delivered:
(a) on the date given, if delivered personally;
(b) two (2) days following, if sent by telecopy to the facsimile number indicated
below with a confirmatory notice by mail, postage prepaid; or
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(c) five (5) days following, if sent by registered mail, postage prepaid:
to Kitchener:
The Corporation of the City of Kitchener
P.O. Box 1118
200 King Street West
Kitchener, ON N2G 4G7
Attention: City Clerk
Facsimile No.: (519)741-2705
to Cambridge:
The Corporation of the City of Cambridge
P.O. Box 669
50 Dickson Street
Cambridge, ON N1 R 5W8
Facsimile No.: (519)740-
Attention:
11. Each party shall, promptly do, execute, deliver or cause to be done, executed
and delivered all further acts, documents and things in connection with this
Agreement that the other party may require, for the purposes of giving effect to
this Agreement.
12. This Agreement shall enure to the benefit of, and be binding on, the parties and
their respective successors and permitted assigns. No party may assign or
transfer all or any part of its respective rights or obligations under this Agreement
without the prior written consent of the other party.
13. This Agreement constitutes the entire agreement among the parties pertaining to
the subject matter of this Agreement and supercedes all prior agreements,
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understandings, negotiations and discussions, whether oral or written. There are
no conditions, warranties, representations or other agreements among the
parties in connection with the subject matter of this Agreement (whether oral or
written, express or implied, statutory or otherwise) except as specifically set out
in this Agreement.
14. A waiver of any default, breach or non-compliance under this Agreement is not
effective unless in writing and signed by the party to be bound by the waiver. No
waiver shall be inferred from or implied by any failure to act or delay in acting by
a party in respect of any default, breach or non-observance or by anything done
or omitted to be done by the other party. The waiver by a party of any default,
breach or non-compliance under this Agreement shall not operate as a waiver of
that party's rights under this Agreement in respect of any continuing or
subsequent default, breach or non-observance (whether of the same or any other
nature).
15. Each provision of this Agreement is intended to be severable and if any provision
is found to be illegal, invalid or unenforceable, the finding shall not affect the
validity of the other provisions.
16. This Agreement shall be governed by and construed in accordance with the laws
of the Province of Ontario and the laws of Canada applicable in that Province
and shall be treated, in all respects, as an Ontario contract.
IN WITNESS WHEREOF Kitchener and Cambridge have hereunto affixed
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their respective corporate seals under the hands of their respective Mayors and
Clerks.
SIGNED, SEALED AND DELIVERED ) THE CORPORATION OF THE CITY OF
CAMBRIDGE
Per:
Doug Craig, Mayor
,Clerk
THE CORPORATION OF THE CITY OF
KITCHENER
Per:
Carl Zehr, Mayor
Randy Gosse, Clerk
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SCHEDULE "A'
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