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HomeMy WebLinkAboutBy-law No. 1999-093 THE CORPORATION OF THE MUNICIPALITY OF BAYHAM BY-LAW NO. 99-93 BEING A BY-LAW TO AUTHORIZE THE CONSTRUCTION OF SEWAGE WORKS IN THE MUNICIPALITY OF BAYHAM PURSUANT TO PARAGRAPHS 207(13),210(58)AND 210(84)OF THE MUNICIPAL ACT, CHAPTER M.45,R.S.O. 1990 AS AMENDED. AND TO AUTHORIZE THE ISSUANCE OF A FIXED-TERM CAPITAL LOAN BY THE MUNICIPALITY FOR THE UNFINANCED PORTION OF THE SEWAGE WORKS PURSUANT TO SECTIONS 140, 147, 183 AND 188 AND PARAGRAPH 210(58)OF THE MUNICIPAL ACT,CHAPTER M.45, R.S.O. 1990 AS AMENDED. WHEREAS it is deemed necessary, desirable,expedient and in the public interest by the Council of the MUNICIPALITY OF BAYHAM("the Municipality")to commence construction of sewage works(the"Works")to provide sewage service to the communities of Eden, Straffordville and Vienna; AND WHEREAS an engineering study and professional opinion have been received with respect to the necessity, existing and proposed utilization,design criteria,and related matters regarding the Works and the said study has been reviewed and adopted by the Council of the Municipality; AND WHEREAS approval has been received from the Ministry of the Environment of the eligibility of the Works with respect to provincial financial assistance available under the Provincial Water Protection Fund for the construction of the Works; AND WHEREAS the Municipality intends to issue a fixed term capital loan in connection with the financing of the net capital cost of the Works; AND WHEREAS the Treasurer of the Municipality has determined that the annual payment relating to the net capital cost of the proposed Works is within the annual debt repayment limit ($439,356)prescribed by the Ministry of Municipal Affairs and therefore Ontario Municipal Board approval is not required pursuant to paragraph 147(5)of the Municipal Act, Chapter M.45, R.S.O. 1990 as amended and to the Regulations thereunder; NOW THEREFORE,THE COUNCIL OF THE MUNICIPALITY ENACTS AS FOLLOWS: 1. That the construction of the Works, which are more particularly described in Schedule "A"attached hereto,is hereby authorized. 2. That the Treasurer be authorized on behalf of the Municipality to arrange for the fmancing of the Municipality's portion of capital cost by the issuance of a fixed-term capital loan for a total amount not exceeding$3,268,090, as outlined in Schedule"B" attached hereto,to be amortized over a term not exceeding 20 years and to bear interest at such rate as Council may determine. 3. That the firm Cyril J Demeyere Ltd and the firm Acres&Associated Environmental Limited, on behalf of the Municipality,prepare plans,profiles, specifications and such other information as may be necessary for inviting tenders to carry out the construction of the Works. 4. That the Ontario Clean Water Agency, on behalf of the Municipality, is hereby authorized to invite tenders for carrying out the construction of the Works in accordance with the plans, profiles, specifications and other information prepared under clause 3 of this by-law. 5. That the work shall be carried out under the supervision of the Ontario Clean Water Agency as agent for the Municipality in accordance with an agreement executed on April 1, 1999 with the Ontario Clean Water Agency. 6. That the Municipality shall by resolution accept the tender or tenders of a person or persons, firm or firms, corporation or corporations as may be acceptable to Council and authorize the Mayor and Clerk to enter into and execute a contract on behalf of the Municipality before any construction is carried out,based on and in accordance with the terms and conditions of the tenders or tenders accepted. By-law 99-93 2 7. That the Mayor and Treasurer are hereby authorized to secure temporary advances from the Municipality's bank as required to meet the cost of the Works,pending completion of the project and the payment of the holdback portion of the subsidy from the Ministry of the Environment. 8. That special sewer rates shall be established by by-laws to pay the capital costs incurred by the Municipality for the Works including all connections thereto on a rateable basis in accordance with the enactments authorizing the same. 9. That this by-law shall come into force and effect upon third reading and being finally passed. BY-LAW READ A FIRST SECOND AND THIRD TIME AND FINALLY PASSED THIS 2t'1D DAY OF DECEMBER, 1999 Mayor Clerk By-law 99-93 3 SCHEDULE"A" TO BY-LAW 99-93 OF THE CORPORATION OF THE MUNICIPALITY OF BAYHAM BEING A SUMMARY OF DESCRIPTION OF THE UNDERTAKING The proposed undertaking is for the Municipality of Bayham. The undertaking will involve the following: a) The acquisition of land required for the construction of five(5)pumping stations. b) The construction of: Eden—A communal sewage collection system will be constructed with a pumping station and forcemain to pump Eden's sewage to the existing sewage treatment plant at Port Burwell via pumping stations and forcemains at Straffordville and Vienna. Straffordville—A communal sewage collection system will be constructed with a pumping station and forcemain to pump Straffordville's sewage to the existing sewage treatment plant in Port Burwell via Vienna's pumping station and forcemain. Vienna—A communal sewage collection system will be constructed with a pumping station and forcemain to pump Vienna's sewage to the existing sewage treatment plant in Port Burwell. Port Burwell—The existing sewage treatment plant will be expanded from 528 to 1060 cubic meters per day to provide the additional capacity required to treat sewage from the communities of Vienna, Straffordville and Eden. The existing outfall will be converted to an exfiltration gallery in the area between the plant and Otter Creek. By-law 99-93 4 SCHEDULE"B"TO BY-LAW 99-93 OF THE CORPORATION OF THE MUNICIPALITY OF BAYHAM STATEMENT OF CAPITAL COSTS AND NET CAPITAL COSTS 1. Eden $ 2,699,500 2. Straffordville $7,062,000 3. Vienna $4,494,000 4. Port Burwell Sewage Treatment Plant $ 5,128,000 Total Capital Costs Eligible for Subsidy $19,383,500 6. Less Financial Assistance from MOE $15,875,346 7. Net Capital Cost $ 3,508,154 8. Interim Financing Costs $ 245,000 9. Unsubsidized Project Cost $ 3,753,154 10. Less Reserve at December 31, 1997 $ 435,064 11. Less Estimated Reserve for 1998 and 1999 $ 50,000 12. Net Capital Cost to be debentured $ 3,268,090 Net capital cost of$3,268,090 to be fmanced through the issuance of 20 year debentures.