By-law 4 -2017 Water Sale & Supply agreement with Town of Neepawa

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RURAL MUNICIPALITY OF ROSEDALE

BY-LAW NO. 4-2017

BEING A BY-LAW OF THE RURAL MUNICIPALITY OF ROSEDALE TO AUTHORIZE THE RURAL MUNICIPALITY OF ROSEDALE TO ENTER INTO AN AGREEMENT WITH THE TOWN OF NEEPAWA FOR THE SUPPLY OF WATER TO THE MUNICIPALITY

WHEREAS The Municipal Act, C.C.S.M.c. M225, provides in part as follows:

250(2) …a municipality may for municipal purposes…

(c) acquire, establish, maintain and operate services, facilities, and utilities;

(d) enter into agreements with…the following regarding anything the municipality has                  the power to do within the municipality:

(vi) another municipality in Manitoba…

260(1) A municipality that provides a service or other thing within its own boundaries may                       provide it in or to another municipality, with the agreement of the other municipality.

260(2) The municipality providing a service or thing under subsection (1) may set the terms and                conditions, including fees or other charges, for providing the service or thing, but is not                 required to apply the same terms and conditions that apply in the municipality.

AND WHEREAS Council deems it to be in the best interest of the Rural Municipality of Rosedale to enter into an Agreement with the Town of Neepawa for the supply of water to a portion of the municipality..

NOW THEREFORE BE IT RESOLVED AND IT IS HEREBY ENACTED as a By-law of the Rural Municipality of Rosedale duly assembled as follows:

  1. THAT the Rural Municipality of Rosedale do hereby enter into an agreement with the Town of Neepawa for the supply of water to a portion of the municipality.
  2. THAT the Agreement be hereby attached to, and form part of this By-Law..
  3. THAT the Agreement shall come into force upon the execution of the Agreement by the Rural Municipality of Rosedale and the Town of Neepawa.
  4. THAT the Reeve and CAO of the Rural Municipality of Rosedale be authorized to execute the Agreement on behalf of the Rural Municipality of Rosedale.

DONE AND PASSED in Council assembled at the Rural Municipality of Rosedale Administration Office, Neepawa, Manitoba this         day of                         , 2017.

 

                                                           William Martin                             Kara Sylvester

                                                            REEVE                                                 CAO

 

Read a first time this   8th        day of  September       , 2017

Read a second time this                      day of                                     , 2017

Read a third time this                         day of                                     , 2017

 

Water Supply and Sale Agreement

THIS AGREEMENT made in duplicate this 19th day of September, A D. 2017

BETWEEN:

Rural Municipality of Rosedale, a municipal corporation in the Province of Manitoba (hereinafter called the “Municipality”)

– and –

Town of Neepawa, a municipal corporation in the Province of Manitoba (hereinafter called the “Town”)

WHEREAS, the Rural Municipality of Rosedale has been approved funding for $3.0M under the Clean Water and Wastewater Fund (CWWF) to construct a rural pipeline system and associated appurtenances connecting to the Town Potable Water Distribution System (PWDS)  and has design capacity which is not being used or reserved for use by others; and

WHEREAS the Municipality, pursuant to s. 250(2) of The Municipal Act, of Manitoba C.C.S.M. c. M225 as amended from time to time is empowered to enter into agreements with another person for the supply of water;

AND WHEREAS by resolution of Municipal Council passed on August 12, 2016 the Municipality has determined it is in the best interest of its ratepayers to provide a Capital Cost Contribution to secure 150 M3 of water plant capacity per day (54,750 cubic meters per year) from the Town PWDS and enter into an agreement with the Town to accommodate the needs of the ratepayers and have authorized, administration to complete an agreement with the Town for the supply of potable water on the terms and conditions set out herein;

AND WHEREAS the Municipality is responsible for distributing potable water to its residents and desires an adequate supply of potable water for that purpose.

 AND WHEREAS the Town has determined that it is in the best interest of the Town to supply water to the Municipality and have authorized, by resolution, the administration to complete an agreement with the Municipality for the supply of potable water on the terms and conditions set out herein;

AND WHEREAS Town agrees to provide potable water supply capacity through their water supply infrastructure to the Termination Point;

NOW THEREFORE, IN CONSIDERATION OF the hereinbefore recited premises and mutual covenants of the parties hereto, THIS AGREEMENT WITNESSETH THAT THE PARTIES HERETO COVENANT AND AGREE AS FOLLOWS:

ARTICLE 1 DEFINITIONS

  1. IN THIS AGREEMENT, RECITALS AND SCHEDULES the following terms shall the meaning prescribed:
    1. “Agreement” means this Water Supply and Sale Agreement including the Recitals and all Schedules attached hereto;
    2. “Capital Contribution” shall mean the amount of money paid by the Municipality for water supply infrastructure to secure the supply of 150 Cubic Meters of water per day or 54,750 Cubic Meters per year and as set out in Schedule “A”;
    3. “Town Water Rates” shall mean the wholesale cost per M3 charged by the Town for the supply of water as set out in the Schedule “B” or as amended and approved by Public Utilities Board;
    4. “Cross Connection” means any temporary, permanent or potential water connection that allows or may allow backflow to occur;
    5. “Designated Officer” shall mean the C.A.O or other Utility Manager for the Municipality or the C.A.O. or Utility Manager for The Town or any person appointed as the Designated Officer by either Party;
    6. “Emergency” means an event that requires prompt coordination of action or special regulation of persons or property to protect the safety, health or welfare of people or to limit damage to property;
    7. “Town Water By-law” means existing water utility by-law;
    8. “Potable Water Distribution System” (PWDS) shall mean the entire infrastructure owned by Town for the purposes of delivering potable water to the termination point and includes raw water wells and supply pipeline, a 75 L/s water treatment plant and water distribution system;
    9. “Rural Water Distribution System (RWDS) shall mean the entire infrastructure owned by the Municipality for the purposes of delivering potable water including booster pumping station, rural distribution system and associated appurtenances:
    10. “Town Water Meter” means the device installed at the booster station which is designed to measure the quantity of water used by the Municipality’s ratepayers, and which includes a remote-reading device;
    11. “Municipality” means the Rural Municipality of Rosedale, a municipal corporation in the Province of Manitoba and any and all agents, assignees, transferees of the Municipality, or any other such person or body sharing in or assuming the obligations and conditions agreed to in this Agreement;
    12. “Party” means the Municipality or the Town; and “Parties” means the Municipality and the Town ;
    13. “Potable Water” means water which originated from the water plant and is suitable for human consumption in accordance with the Office of Drinking Water regulatory requirements;
    14. “Ratepayer” shall mean the ratepayers of the Municipality who the Municipality shall be responsible for and service;
    15. “Term” means the duration of this Agreement as set out in Article 6;

 

    1. “Termination Point” means the connection to the booster pumping station building including backpressure sustaining valve and water meter;
        1.  
        2. “Water Flow Rate” means 150 Cubic Meters of water per 24 hour day or 54,750 Cubic Meters per year or 2.78% of capacity of the PWDS;
        3.  
        4. “Booster Station” means the station which houses Variable Frequency Drive controlled pumps, back pressure sustaining valve and water meter;
        5.  
        6. “Water Supply” means the supply of Potable Water delivered to the Municipality’s booster pumping station;
        7.  

    2. “Water Volume” means the amount of water that passes through the Water Meter measured in cubic meters.    OWNERSHIP, MAINTENANCE, OPERATIONS AND ACCESS
      1. ARTICLE 3
      2. 2.1       Municipality represents that it has obtained or will be responsible for obtaining any and all necessary     approvals (if any) including but not limited to approvals from the Provincial Departments of the          Sustainable Development and Municipal Relations and any other Federal, Provincial or Municipal           government department or agency approvals, as the case may be, required for the Town to provide          Water Supply to the Municipality.
      3. ARTICLE 2 APPROVALS
    1. Ownership
      1. Town shall retain ownership of the PWDS;
      2. The Municipality shall retain ownership of the RWDS.
    1. Maintenance
      1. Town shall at all times, maintain, keep and service in good repair, the PWDS;
      2. The Municipality shall, at all times, maintain, keep and service in good repair, the RWDS;
      3. For the purpose of this subsection 3.2(a) and (b), “maintain, keep and service in good repair” shall be deemed to include, without limitation, the obligation to restore where damage or destruction has occurred for any reason;
      4. Town shall in the case of, maintenance and repairs, alterations, renewals, additions or changes (Alterations) to the PWDS where such Alterations are reasonably anticipated to cause a disruption or disturbance to the service to the Municipality, provide fifteen (15) days written notice, either by email with acknowledgement of receipt or delivered in person to the Designated Officer of the Municipality prior to carrying out any such Alterations.
      5. In the event of the Town declaring an emergency, the Town shall as soon as is practical, provide verbal notice of the emergency to the Designated Officer of the Municipality, and undertake any emergency repairs to the PWDS. Written updates of the emergency shall be provided to the Municipality by the Town immediately after the emergency has passed, and/or as soon as is reasonably possible;(f)        The Municipality shall in the case of maintenance, repairs, alterations, renewals, additions or changes (“Alterations”) to the RWDS and where such maintenance and repairs would reasonably be expected to be communicated to the Town Designated Officer or cause a disturbance to the PWDS, shall provide fifteen (15) days written notice to the Town either by email with acknowledgement of receipt or delivered in person to the Designated Officer of the Town prior to carrying out any such Alterations;
  1. In the event of the Municipality declaring an emergency, the Municipality shall provide as soon as is practical, verbal notice of the emergency to the Designated Officer of the Town, the Municipality shall be entitled to immediately undertake any emergency repairs to the RWDS. Written updates of the emergency shall be provided to the Town Designated Officer by the Municipality immediately after the emergency has passed, and/or as soon as is reasonably possible.
  2. If a leak is detected in the PWDS, the Town has the right to limit the Water Flow Rate of flow until such leak is repaired.
  3. The Municipality shall allow for the maintenance, repairs or reconstruction of the RWDS located in the road right of ways located in the Municipality. The Municipality covenants and agrees that where it exercises its rights to maintenance, repairs or reconstruction in the right of ways located in the Municipality, the Municipality shall, following the exercise of such rights, restore the right of ways to the condition existing prior to the exercise of such rights and shall carry out such repairs and restoration in a careful and workmanlike manner and for no more time than is necessary for carrying out the maintenance, repairs or reconstruction.

Operations             (a)     The Town shall, at its own risk and expense, be responsible for the control and operation of the PWDS and all necessary alterations, renewal, additions, repairs and changes to the PWDS up to the booster pumping station building including termination point equipment as identified in Schedule “D”;               ARTICLE 4

RIGHTS OF ACCESS AND EASEMENT

 

(b)     The Municipality shall, at its own risk and expense, be responsible for the maintenance, control and operation and all necessary alterations, renewal, additions, repairs and changes to the potable water system beyond the Termination Point.

 

 

 

 

Right of Access

  1. The Municipality shall at all times provide the Town with access to the booster pumping station building for the purpose of inspections of the backpressure sustaining valve and water meter, as deemed required, and upon giving notice to the Municipality.
    1. Easement
  1. As a condition to entering into this Agreement, easements and rights-of-way associated with the Water Supply Pipeline and booster station lying within the Municipality shall be granted to the Town. SUPPLY OF POTABLE WATER5.1       In consideration of the Municipality paying a Capital Contribution to PWDS infrastructure and 2.78% of the Town water production capacity as described in Schedule “A”, the Town will supply 150 Cubic Meters per 24 hour day or 54,750 Cubic Meters per year of Potable Water to the Municipality, for their ratepayers;5.2       Subject to article 5.3, the Municipality shall only be entitled to 150 Cubic Meters of Potable Water (2.78% of capacity) per day or an annual volume of 54,750 Cubic Meters per year (“Maximum Withdrawal”) as calculated by the Maximum Withdrawal Calculation set out in Schedule “C”;5.3       The Capital Contribution shall be limited to the amounts as set out in Schedule “A” and the Municipality shall not be liable to the Town for Capital Improvements for expansions, or upgrades which will increase the physical size or capacity of the plant except those amounts which may be agreed pursuant to Section 5.6(b) or (c) of this Agreement.5.4       A Capital Contribution may be required from the Municipality in the case where capital replacement is necessary to replace capital equipment or capital repairs to the physical building of the PWDS. The amount of Capital Contribution shall be limited to 2.78% of the total capital replacement. For greater certainty the Capital Contribution will not apply to normal wear and tear in the nature of maintenance or repairs of the PWS.5.5       The Town shall guarantee a minimum operating pressure of 35 pounds per square inch up at the Termination Point.5.6       The Town may increase the Maximum Withdrawal where:

 

  1. ARTICLE 5
      1. this agreement is amended and the Parties agree that the Municipality is permitted to draw more than an average of 150 Cubic Meters (2.78% of capacity) per day pursuant to sections 5.6 (b) or (c);
      2. The Town increases the capacity of the PWDS greater than 4.83 megalitres per day and the Town agrees to sell any additional capacity, the Municipality may apply to purchase additional capacity.
      3. If additional water volume is required by the Municipality, the Municipality shall first request from the Town the provision of additional water capacity and if the Town shall indicate either its inability or non-agreement to supply the additional water capacity, the Municipality may obtain water supplies from other sources provided however such additional water sources will not in any way result in any form of Cross Connection between the two water sources unless approved by the Town. ARTICLE 6
      4. TERM, RENEWAL, AND PENALTY
    1. The Term of this Agreement shall be from the Effective Date for a period of 10 years and if the Municipality remains a customer of the Potable Water Distribution System, then this Water Supply and Sale Agreement shall automatically be renewed and extended for an additional ten (10) years; with an additional period of renewal for ten (10) years.
    2. The Municipality may give notice in writing to terminate this Agreement at any time during the currency of the Term. Any notice of termination will not take effect until one (1) year from the date of notice being given.
    3. The Town may give notice in writing to terminate this Agreement, such termination shall only be for a default or breach of the terms of this Agreement as set out in Article 6.4.
    4. In the event of a default or breach by the Municipality of the terms of this Agreement, the Town may give notice in writing to the Municipality to remedy the default or breach to the satisfaction of the Town. If the Municipality shall not have fully remedied the default or breach within such reasonable times as the conditions demand and in any event no less than 90 days, from the time when the Town gave notice, then the Town may forthwith, provided an extension for remedy of the default has not been granted, issue a further notice in writing advising they will:
      1. restrict the volume of the Water Supply;
      2. restrict the Water Flow Rate;
      3. compel the Municipality to renegotiate this Agreement; and or
      4. terminate this Agreement and discontinue the Water Supply.
    5. Termination of the Agreement will not terminate any payments that have accrued and are due by the date of termination. ARTICLE 7
    6. RATES, BILLING, AND PAYMENT
    1. The Municipality shall pay the wholesale Metered Water Rate as set by the Town in Schedule “B”, or such wholesale rates as are set by Public Utilities Board in Schedule “B”, or such wholesale rates are set by the Town and for greater certainty such wholesale customers rates as for wholesale customers/ratepayers of the PWDS.
    2. The Town acknowledges that the Municipality is governed by the Public Utilities Board and agrees to provide the Municipality with 90 days’ notice before implementing any rate increase. The Town agrees to provide a copy of any water rate study completed by the Town which supports any increased rates.
    3. The Town shall issue invoices to the Municipality on a quarterly basis for Water Supply based on the Town’s current billing procedures for customers. Upon receipt of such invoice, the Municipality shall, without delay, provide payment to the Town.
    4. The charges on the invoices referred to in subsection 7.2 shall be based upon :
      1. The Town’s wholesale Water Rates, and
      2. The volume of water that flows through the Municipal Water Meter at the booster pumping station building Termination Point. STANDARDS OF SERVICE, QUALITY ASSURANCE, WATER VOLUME RATES
      3. ARTICLE 8
    1. Water Volume
      1. Town shall only be obligated to supply the Municipality with a maximum Water Volume of 150 Cubic Meters of water per day or an annual volume of 54,750 Cubic Meters per year.
      2. The specified Water Volume, as referred to in subsection 8.1(a), shall be the maximum amount of Water Supply to be provided for under this Agreement for each year of the Term of this Agreement subject to the provision contained in subsection 8.1(c).
      3. Any change to the specified annual Water Volume, as referred to in subsection 8.1(a), shall be made only if approved in writing by the Town. Such changes shall be confirmed by means of an amendment to this Agreement. Any increases shall not, at any time, exceed the recommended capacity that the Water Line is designed to safely contain.
    2. Quality and Pressure
      1. The water pressure supplied by the Town to the Municipality at the Termination Point shall be minimum pressure (35 psi) which is available in the PWDS. The Town shall not be liable to the Municipality, any person obtaining water from the Municipality, for any temporary loss, inconvenience or damages arising from a temporary failure to maintain the water pressure by the Town.
      2. The quality of the water supplied by the Town to the Municipality at the Termination Point shall be that quality which is available in the Town Water System. Town shall not be liable to the Municipality, any person obtaining water from the Municipality, or any other federal, provincial or municipal government department or agency, as the situation may require, for any defect in the water furnished, or for any change in the water quality so furnished.
    3. By-laws
      1. Upon connection to the PWDS, the Municipality shall comply with and enforce the requirements of the Town Water By-law (and any amendments thereto) relating to obligations of a water customer of the Town.
      2. The Municipality will adopt and pass a By-law substantially the same as the Town Water By-law as amended from time to time to ensure the enforcement of the requirements of the Town Water By-law.
      3. Failure to comply with subsection 8.3(a) shall constitute a breach of this Agreement, and the Town may provide notice to the Municipality to remedy such breach.
    4. Operating Restraints
      1. The Municipality shall not permit any Cross Connections between the RWDS and non-potable sources of water. The Municipality shall, at all times, take all reasonable measures to ensure that no contamination, pollutants, foreign matter or like materials shall enter the Municipality RWDS or the PWDS.
      2. Unless the Town, in its sole discretion, otherwise agrees in writing, the Municipality shall not permit any connection from the RWDS or any connection to the Water Line to any other jurisdiction or corporation presently in existence or to be built at any time in the future located outside the Municipality’s boundary. WATER CONSERVATION AND PLANNING FOR PWS
      3. ARTICLE 9
    1. The Town in their sole and unfettered discretion may determine that restrictions on water usage are necessary and may, in their sole and unfettered discretion, direct the Municipality to encourage its ratepayers to voluntary restrictions or impose mandatory restrictions on water usage.
    2. In the event that a Water Conservation Program(s) is adopted by the Town it shall be implemented by the Town with the assistance and support of the Municipality.
    3. The Town may only require the Municipality or its Ratepayers to implement those restrictions on water usage which are necessary and as are imposed on the Town water utility customers.9.4       The Municipality shall have the right to participate in annual meetings scheduled by the    ARTICLE 10
    4. EMERGENCY AND RISK MANAGEMENT
    5. 9.5       For purposes of audit, insofar as identifying and mitigating leaks or similar matters, the Municipality agrees to provide quarterly information respecting volumes billed in the RWDS. The Town will then compare such information against the readings from the associated Town water metre servicing the Municipality. In instances whereby the data reflects a major discrepancy, the Town will immediately notify the Municipality for the purposes of timely maintenance and repair if required.
    6. Town to discuss population, community growth and water needs of the Municipality which will allow the Town to better understand current and future capacity issues and allow for accurate planning. All discussions will be facilitated by the Town. Such discussion shall not obligate the Town to increase the Water Flow Rate.
    1. The Town shall be relieved of all responsibility to provide the Municipality with Water Supply in the event of a disruption of service under any circumstances which include, but are not limited to:
      1. Strikes;
      2. Electrical Outages;
      3. Breakdown beyond the Town control of the PWDS or any essential part thereof;
      4. Repairs and maintenance of the PWDS or any essential part thereof;
      5. Force majeure.
    2. In the event of any Emergency or other hazard, danger, problem, occurrence or situation that is attributable to the Municipality, the Municipality will take all steps to remedy and correct such Emergency, hazard, danger, problem, occurrence or situation.
    3. The Municipality shall participate in ongoing joint emergency planning meetings as scheduled and organized by the Town.
    4. ARTICLE 11 TERMINATION
    1. This Agreement is conditioned upon the faithful performance by both parties of all the terms and provisions hereof. Either party may give notice of termination for breach of a material term of this agreement and shall then commence dispute resolution. The remedy of termination shall be a remedy of last resort in dispute resolution.
    2. The Municipality further agrees and acknowledges the Town will have the right to shut off/discontinue service to the Municipality for non-payment of accounts. The Town shall not be liable to the Municipality for any loss of damages sustained as a result of the shut off/discontinuation of water service under this clause.
    3. The shut off/discontinuation of water service may be the subject of the dispute resolution. 
    4. ARTICLE 12 ARBITRATION
    5.  
    1. All disputes under this Agreement (“Disputes”) shall be determined in accordance with this Section, which sets out the sole and exclusive procedure for the resolution of Disputes.
      1. On the written request of any one of the Parties hereto, the parties shall meet and attempt, in good faith, to negotiate a resolution of the Dispute. The meeting (the “Meeting”) shall be held at such location as the parties agree to, between a representative of each party with decision-making authority within ten (10) business days of such written request. The party requesting the meeting shall provide sufficient information to allow the other parties to prepare their respective positions on the matter.
      2. If the Dispute has not been resolved within thirty (30) days after the date of the Meeting, or such other period agreed to in writing by the parties, any one of the parties may refer the Dispute to arbitration (the “Arbitration Notice”).
      3. If the Dispute is referred to arbitration pursuant to an Arbitration Notice, it shall be arbitrated in accordance with the provisions of The Arbitration Act (Manitoba) except to the extent that those provisions are modified by the provisions of this Section. The parties shall agree upon a single arbitrator or, where they cannot agree on a single arbitrator, the matter shall be referred to a single arbitrator as designated by a judge of the Court of Queen’s Bench of Manitoba, upon application of any one of the parties.
      4. Unless otherwise agreed by the parties, the place of the arbitration shall be in Manitoba and all case conferences and hearings in the course of the arbitration shall take place in Manitoba in the English language. Despite section 28(1) of The Arbitration Act (Manitoba), the arbitrator shall not, without the written consent of both parties, retain any expert.
      5. Subject to section 43 of The Arbitration Act (Manitoba), all awards of the arbitrator shall be final and binding on the parties, and there shall be no appeal of any such award whatsoever. Each party will proceed in good faith diligently to implement the award or decision of the arbitrator without delay.
      6. The arbitrator may apportion the legal costs and disbursements of the parties between the parties in such manner as the arbitrator considers reasonable. In determining the allocation of these costs, the arbitrator shall invite submissions as to costs and may consider, among other things, any offer of settlement made by either party during the course of the arbitration. The arbitrator shall be paid its normal professional fees and disbursements for its time and attendance in dealing with the Dispute, which fees and disbursements, unless otherwise directed by the arbitrator in accordance with this clause, shall be paid as to one half by one party and as to the other half by the other party.(g)       Notwithstanding anything contained herein, prior to the delivery of an Arbitration Notice, a party may seek interim, interlocutory or injunctive relief, or an order of specific performance, or other equitable remedies, directly from the Court of Queen’s Bench of Manitoba in connection with a Dispute. 
      7. ARTICLE 13 INSURANCE
    1. The Town confirms that it maintains casualty insurance, “all risks” property insurance, property insurance, liability insurance and other forms of insurance as would be obtained by a prudent utility.
    2. The Municipality confirms that it maintains casualty insurance, “all risks” property insurance, property insurance, liability insurance and other forms of insurance as would be obtained by a prudent Municipality operating a utility.
    3. ARTICLE 14 GENERAL
    1. A waiver by either party hereto of the strict performance of any covenant or provision of this Agreement shall not of itself constitute a waiver of any subsequent breach of such covenant or provision or of any other covenant, or provisions or term of this Agreement.
    2. This agreement shall not be assignable without the prior written consent of the Town.
    3. Any changes or additions to this Agreement must be agreed upon by both parties and will be added to this Agreement through the process of creating amendments.
    4. Any term, condition or provision of this Agreement which is or is deemed to be void or unenforceable shall be severable from this Agreement without invalidating the remaining terms, conditions and provisions of this Agreement.
    5. The headings of titles to the section of this Agreement are for convenience of reference only and are not a part of this Agreement and shall have no effect upon the construction of interpretation of any part thereof.
    6. This agreement and each of its terms as well as the rights and duties of the parties under this agreement shall be construed pursuant to and in accordance with the law of the Province of Manitoba.
    7. Any notice required to be given by the parties under this Agreement shall be sufficiently given if mailed postage prepaid, or delivered to the parties, at their respective address as follows:Rural Municipality of RosedaleBox 100 275 Hamilton StreetNeepawa MB R0J 1H0A notice that is mailed will be considered as having been given at such time as the party to which it is directed would receive it in the ordinary course of mail. Either party may change its mailing/or delivery address by giving written notice of the new address to the other party.
    8. Box 339
    9. Town of Neepawa
    10. Neepawa MB R0J 1H0
    11. 282 Hamilton Street
    12. In recognition of the importance of regionalization the Town and the Municipality may agree in the future, to combine their operation, maintenance or other services under a separate agreement (“Service Sharing Agreement”).IN WITNESS WHEREOF the parties hereto have caused to be hereto affixed their respective corporate seals attested by the signature of their respective duly authorized signing officers, on the dates noted below.    Reeve     ____________________________________ _____________________________________
    13. Chief Administrative Officer
    14. Mayor
    15. Town of Neepawa
    16. Town of Neepawa has caused its corporate seal to be affixed attested by its proper officers in that behalf, this       day of                     A.D., 2017
    17.  
    18. Chief Administrative Officer
    19. _____________________________________
    20. Rural Municipality of Rosedale
    21. Rural Municipality of Rosedale has caused its corporate seal to be affixed attested by its proper officers in that behalf, this       day of                     A.D., 2017.

 

SCHEDULE “A” CAPITAL CONTRIBUTION

Capital contribution will be based on a maximum daily use of 150 cubic meters (M3) of water or 2.78% of the system capacity rated at 4.83 ML per day.  Net infrastructure costs associated with supplying water to the Municipality are as follows:

 

Infrastructure Total Capital Costs Net Cost to the Town
Water treatment plant, wells, raw water pipelines and water distribution system $8.9 M $4.45 M

 

 

The Municipality is paying 2.78% of $4.45M (net cost) for water plant capacity, raw water pipeline, wells and distribution system for a total capital cost contribution of $123,611. The capital cost contribution of $123,611 shall be paid to the Town subject to pipeline being substantially complete and prior to water delivery to the Termination Point.

SCHEDULE “B” WHOLESALE WATER RATE

      • Per Public Utilities Board (PUB) Order No. 15/17, effective July 1, 2017 the Town has received approval to amend the wholesale rate for the sale of water to the Rural Municipality of North-Cypress-Langford to reflect a special rate. Such rate so charged shall also be applicable to the sale of water to the RM of Rosedale, with the understanding that the Agreement between the Town of Neepawa and the RM of Rosedale be filed with the PUB.
  • Special rate as follows:
    • July 1, 2017 – $1.79 per cubic meter
    • July 1, 2018 – $1.82 per cubic meter
    • July 1, 2019 – $1.84 per cubic meter
      • The special rate shall be subject to change throughout the term of this agreement, pending PUB approval.                      SCHEDULE “C” New Daily Maximum (NDM %) CalculationNDM = {MW + [(NOC – ODC)/ODC] *MW} X (OTC/NTC)Where:
      • NEW DAILY MAXIMUM CALCULATION
MW(%) = Maximum Withdrawal, as identified in the agreement [presently 150 Cubic Meters 2.78% of capacity];
NOC (M3) = New Daily Capacity – represents an increased daily volume if requested by the Municipality;
ODC (M3) = Original Daily Capacity -represents the original daily water volume request in the agreement -presently 150 m3;
OTC (M3) = Original Total Capacity of water available from the PWDS [presently 5400 m3]
NTC (M3) = New Total Capacity of water available from the PWDS [presently 5400 m3] but would increase if changes were done at the plant.

 

SCHEDULE “D” MAP – OPERATIONS

 

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