HomeMy WebLinkAbout99 042 Joint Agreement - BASWRA
THE CORPORATION OF TIlE TOWNSHIP OF KINCARDlNE-BRUCE-TIVERTON
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BY-LAW
NO. 1999 - 42
A BY-LAW TO AUTHORIZE THE SIGNING OF AN AGREEMENT
FOR THE JOINT OPERATION AND MANAGEMENT OF
BRUCE AREA SOLID WASTE RECYCLING
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WHEREAS Section 208.2 of The Municipal Act, R.S.O. 1990, Chap. M. 45 (as
amended) authorizes a local municipality to pass by-laws to establish, maintain
and operate a waste management system;
AND WHEREAS Section 207/5 of The Municipal Act authorizes a Municipality
to pass by-laws for entering into an agreement with one or more municipalities for
the joint operation of works for garbage collection and disposal systems and for
the establishment of a joint board of management;
AND WHEREAS the Corporation of the Township ofKincardine-BruceTiverton
has been a member of Bruce Area Solid Waste Recycling Inc., a company
incorporated by Letters Patent pursuant to the Corporations Act, R.S.O, 1990,
Chap. C. 38;
AND WHEREAS Bruce Area Solid Waste Recycling desires to re-organize as a
joint operation by its member municipalities;
NOW THEREFORE the council of The Corporation of The Township of
Kincardine-Bruce- Tiverton ENACTS as follows:
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1.
The Corporation of the Township of Kincardine-Bruce- Tiverton
hereby establishes a waste management system with other municipalities
to be known as Bruce Area Solid Waste Recycling.
2. The joint operation and management agreement attached as Schedule
"A" be and the same is hereby authorized.
3. That the Mayor and Clerk be authorized to sign, on behalf of The
Corporation of the Township of Kincardine-Bruce- Tiverton the Joint
Agreement attached to this by-law and to affix the corporate seal as and
when required.
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By-Law No. 1999-42
Bruce Area Solid Waste Recycling Agreement
Page 2 of2
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4.
This By-law shall come into full force and effect upon its [mal passage.
5. This By-law may be cited as the "Bruce Area Solid Waste Recycling
Agreement, By-Law."
READ a FIRST, SECOND and THIRD time and FINALLY PASSED on this
5th day of May, 1999.
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THIS AGRBBMBHT made this 19th day of
B E TW E EN:
Auuust
1999.
THE CORPORATIOH OF THE TOWHOF SOUTH. BRUCE PEHIHSULA
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, THE CORPORATIOR OF THE TOKNSHIP OF KrRCARDIR~-BRUCE-TlVERTOR
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THE CORPORATIOR OF THEMUHICIPALITY OF ARRAH-ELDERSLIE
...and-
THECORPORATIOR OF THE TOWRSHIP OF BUaOR-KIHLOSS
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THE CORPORATIOR OP THE'TOWJIf' OF BAUGEE. SHORES
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THE CORPORATIOR OP THE I!IURICIPALITY,OP. SOUTH BRUCE
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THE CORPORATION OP THE MUHICIPALITY OFBROCKTOH
WHEREAS :
1. The Municipal Act, a.s.o. ,1990, Chap. M. 45 (as amended), section 208.2
authorizes a local municipality to pass by-laws to establish, maintain and
operate a waste management system, which 'includes the power to contract with any
,municipality pursuant to section 208.3 (g) of the said Act;
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2. The Municipal Act, R.B.O. 1990, <;:hap. M.45, section 207/5 authorizes a
municipality to pass by-laws for entering into an agreement with one or more
municipalities to provide for 'the joint operations and management of works for
garbage collection and disposal systems and for the establishinent of joint boards
of management thereof; and .
3. The parties hereto desire t9 enter into an agreement with each other for
the joint operation andm~nagement' of such works and to establish a'joint.board
of management thereof.-
HOWTHEREFORB TBtSAGREEMERT WITHBSSBS that in consideration of the mutual
eovenants and agreements herein and'subje~t to the te~s and conditions' in this
, agreement, the parties agree as follows:
1.0 JOINTOPERATIOH
1.1 ,The parties shall jointly operate and manage a waste management system to
be known andde~cribed as "BRUCE AREA SOLID WASTE RECYCLING".
2 . 0 JOIRT BOARD OP MAlIAGEMERT
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2.1, A joint Board of Management be and the same is hereby established..
2.2 Each party shall' annu~l1y appoint one (l) member of its - councilor a
ratepayer of its municipality who shall serve as ,a Director of the Board of
Management.
3.0 MANAGEMENT
3.1 The control and management of the joint system is hereby entrusted to the
Board ,of 'Management. -
3.2' The officers of the Board shall consist of a Chairperson, Vice-chairperson,
secretary, Treasurer and 'such other officers as the Board deems necessary from
time to time. TheChairper!i5onand Vice-chairperson shall be elected by the Board
'of Management, from among its members', at the annual meeting and shall, hold
office for the ensuing year. All other officers shall be appointed by the Board
at the annual meeting likewise to hold., offie,efor the. ensuing year.
3.3 The Board may appoint a. Manager and, engage such other employee,S as m~y 'be
necessary for the proper operation of the system.
3.4, There shall be such committees as the Board deems necessary from time to
time.
3.5 The head office of the joint operation shali be at the Town of Saugeen
-shores 'or such other location as deterjnined by the Board from time to time.
4 . 0 BUDGET'
-4.1 The Board shall approve an annual budget at its annual meeting and shall
submit copies thereof to the clerks'of the parties. The budget shall not be
binding until approved by the councils of' all parties.
,5.0 AUDITOR
5.1 The Board shall appoint an auditor annually at the annual meeting. copies
ofthe.auditor's :reports and statements shall be submitted .to the Clerks of the
parties forthwith after having been received by the Board.
6.0 MEETINGS
6.1 The Board of Management shall each meet at least once every three ',months
at suc:h place within the county.of Bruce as designated in_the notice calling the
meeting.
6.2 The annual meeting shall be held each year within the county of Bruce, at
a time and place as determined by the Board.
6.3 A quorum for the transaction of business at meetings of the Board shall be
one-half of the total number of directors plus one.
7.0 GENERAL
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7.1 Directors of the Board shall serve without remuneration.
7.2 Directors of the Board shall not be li&ble for the acts, receipt~ neglects
or defaults of any other director or officer or employe,e or for joining in any
receipt or act for conformityo:r: for any ioss, damage or expense happening to the
. joint system through the insufficiency or deficiency of title to any property'
acquired by the joint system pr for or on behalf of the joint system or for the
insufficiency of any security in or upon which.any of the money of or belonging
to the joint system shall be placed out or invested or for any loss or c:iamage.
arising from the bankruptcy, insolvency'or tortious act or'ahyperson, firm or
. cor.poration with whom or which any moneys, securities or effects shall be lodged
or deposited or for any other loss, damage or misfortune whatever which may
hilPpenin the execution of the duties of his/her respective office or trust or
in relation there'bo unless the same shall happen by or through ,his/her own
.wrongful and wilful actor through his/her' own wrongful and wilful neglect or
default. .
-7.3 Directors of the Board, his/her heirs and estate trustees, respectively,
shall from tiIl\e to time and at all times, be indemnified and saved harmless from
and against,
(a)
all cos.ts, charges and expenses whatsoever which the director or
officer, sustains or inc;:ur,s in or about any action, suit or
proceeding which is brought, commenced or prosecuted a9ainsthim/her
for or in respect of any act, deed, matter or thing whatsoever- made,
done or permitted by him/her in or about the execution of the duties'
of his/her oftice; and
(b)al1 other costs, chargl1!s and expenses' which he/she sustains or
incurs in or about or in relation to .the affairs thereof, except the
costs, charges or expenses occasioned by his/her own wilful neg~ect
or default. .
8.0 TERMIRATIOR
8.1 Any party hereto may terminate this" agreement upon written notice to be
effective 'on the 31st day of Decemb.er' in.the third yearf6110wing the year in
.which notice is given.
8.2 If two or, more of the remaining parties continue with this agreement, the
terminating party will continue to be responsible' for its pro rata. share' of
expenses incurred by ,the Board during the period in the notice of termination.
,8 .3'If two or more of the remaining parties continue with this agreement, the
.terminating party shall" receive no reimbursement, or return of capital, on any
; basis whatsoever, at the effective date of termination.
9.0 'DiSSOLUTIOR
9~1 .The Board of Management and the joint operation herein may be dissolved by
a simple majority vote of the members of the Board.
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9.2 Upon dissolution, the assets and liabilities shall be distributed or pa~d,
by the parties on a ,pro rata basis determined and based on the number of
households within each local municipality 'as published in the latest edit,ion of
the Municipal Directory as published by The Ministry of Munic,ipal Affairs Qr such
replacement publication then in use or other reliable source of such irtformation~
10.0 EFFECTIVE DATE
10.1 This agreement shall come into effect upon the approval of all the Councils
of 'the I?arties hereto, by by-law.
IN WITNESS WHEREOF the parties have hereunto set'their hands and seals.
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THE CORPORATION OF THE TOWN OF
SOUTH BRUCE PENINSULA
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Per:
THE CORPORATION OF THE TOWNSHIP OF
KINCARDINE-BRUCE-TIVERTO
Per:
ayor _ . .
C2~Jv.o ~t::~~ '--'-A
Clerk' '.
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OF THE MUNICIPALITY OF .',
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THS CORPORATION OF THE TOWNSHIP
HURON-KINI,.OSS
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Per:
THE CORPORATION OF THE MUNICIPALITY OF
SOUTH BRUCE
Per:
&t:~
Clerk
THE CORPORATION OF THE MUNICIPALI'1'Y OF BROCKTON
Per;