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HomeMy WebLinkAboutKIN 92 104 Cost Sharing Agree . . THE CORPORATION OF THE TOWN OF KINCARDINE BY-LAW BY-LAW NO. 1992-104 A BY-LAW TO AUTHORIZE THE SIGNING OF A RECREATION COST-SHARING AGREEMENT WITH THE CORPORATION OF THE TOWNSHIP OF KINCARDINE. the Council for The Corporation of the Town of deems it advisable to enter into a recreation agreement with The Corporation of the Township of WHEREAS Kincardine cost-sharing Kincardine; NOW THEREFORE the Council for The Corporation of the Town of Kincardine ENACTS as follows: 1. That The Corporation of the Town of Kincardine enter into an agreement with The Corporation of the Township of Kincardine for recreation cost-sharing. 2. That the mayor and clerk be authorized to sign, on behalf of The Corporation of the Town of Kincardine, the agreement with The Corporation of the Township of Kincardine which is attached to this by-law and to affix the Town's Corporate seal as and when required. 3. This by-law shall come into full force and effect upon its final passage. 4. This by-law may be cited as the "Kincardine Township Recreation Cost-Sharing Agreement By-law". READ a FIRST and SECOND time this 19th day of November, 1992. READ a THIRD time and FINALLY PASSED this 3rd day of December, 1992. ~ ~'--------7 , -~ '- . " , . L . , , This agreement made this/OÞ{ day of December, 1992. Between The Corporation of the Town of Kincardine (hereinafter called the "Town") as Party of the First Part and The Corporation of the Township of Kincardine (hereinafter called the "Township" as Party of the Second Part Whereas the Community Recreation Centres Act, RSO 1990 Chapter C.22 and Regulations made thereunder, authorize the establishment, maintenance and operation of a community recreation centre. And Whereas in past years the Town and Township have shared in recreational services offered through the Recreation Department and the Davidson Centre without the benefit of a formal agreement. And Whereas the Town and Township are now desirous of entering into an agreement that will allow the Township to pay their fair share of the operation, maintenance and capital costs associated with the Davidson Centre, Recreation Department, and its recreational services. Now Therefore this agreement witnesses that in consideration of the mutual covenants and promises herein contained, the parties agree as follows. 1. Recreation, for the purpose of this agreement includes all recreational services offered through the Recreation Department and the Davidson Centre. All maintenance and capital costs associated with the Parks operated by the Town are excluded. Both Town and Township will be responsible for the maintenance and capital costs associated with their individual parks. 2. (a) A Joint Board of Management for the Davidson Centre and the Recreation Department (hereinafter called the "Board") for the said Community Programme of Recreation, shall be created. (b) The Board shall be composed of 3 members of Council from the Town plus 3 volunteer citizen representatives and 2 members of Council from the Township plus 1 volunteer citizen representative. The Mayor of the Town and the Reeve of the Township shall be ex-officio members of the Board. (c) The Board shall appoint a Chair from among the members of the Board for a one year term and such appointment shall alternate between the Town and Township. A Vice-Chair shall also be appointed for a one year term. These appointments will be made at the first meeting in January. Cd) The Board shall hold meetings not less than one per month. Special meetings may be called by the Chair or on a petition by the majority of the Board. (e) Minutes of all Board meetings shall be recorded and kept by a person appointed by the Board and shall be forwarded to the Town and Township. (f) The Recreation Director and the Facility Manager shall attend all meetings as requested. · i -2- (g) Any vacancy on the Board shall be filled within thirty days by an appointment from the Council of the Municipality in which the vacancy was created. (h) Save and except as otherwise agreed in the Agreement, all decisions of the Board shall be made by a decision of the majority of the members with the Chair being allowed to vote on all matters. All decisions shall be made by written motion. The Chair shall preside at all meetings of the Board and affairs of the Board. In the Chair's absence the Vice-Chair will assume these duties. Each member shall have one vote. (i) A majority of the members of the Board shall constitute a quorum. 3. (a) The Board shall formulate policies, rules and regulations for and relating to the adminstration of the Davidson Centre and Recreation Department programmes. Board policies to be approved by both Councils. (b) The Board may incur expenditures to the extent provided in the annual approved budget or as approved by Councils for the Town and Township. (c) The Board may recommend fees for admittance and rentals to any part of the Davidson Centre and to Recreational Department Programmes, such fees to be approved by both Councils. (d) The hiring of the Director of Recreation and Facilities Manager shall be the responsibility of the Council of the Town. The hiring of all other full-time staff at the Davidson Centre and the Recreation Department shall be the responsibility of the Board and their recommendation for hiring shall be forwarded to the Town Council for approval. (e) The Department Heads may hire additional part-time workers on a paid or voluntary basis and shall be responsible for assigning the duties and responsibilities of such persons within the parameters of the annual budget and the policies of the Board. A report of those hired will be provided to the Board. (f) The Board shall conduct, encourage, and assist the programmes of recreation which will meet the needs and interests of the residents of the municipalities. Such programmes shall include the social, cultural and physical aspects of recreation as applied to all ages, both male and female. The Board shall, at all times, promote the facilities and amenities which are available for recreation. 4. (a) The Township's share of costs will be based on the percentage of user participation in recreation programmes from the Township. This percentage shall be reviewed every three years. The current user participation percentage for the Township is 18%. For the year 1993 the Township will pay 12% and in 1994 will pay 18%. This percentage breakdown will apply to operating costs. Capital cost sharing will commence in 1995. . . . '. -3- (b) The Board shall prepare an annual budget both operating and capital, and five year capital proposals for presentation to the Treasurers of both the Town and the Township no later than the 30th day of November in each year. (c) The Town will be responsible for all treasury functions for the Joint Board of Management for the Recreation Department and the Davidson Centre including receipt and disbursement of funds and preparation of an annual financial statement at no cost to the Board. Monthly financial statements shall be provided to the Board. (d) The Treasurer of the town shall no later than the 15th day of February of the current calendar year submit to the Board a non-audited statement of revenue and expenditure for the recreation department for the previous year showing any projected surplus or deficit. (e) The calculations of the Township's share of the Budget shall take into account any surplus or deficit from the preceding year's operation of the recreational services offered through the Davidson Centre, excluding those for the year 1992. (f) The Township will pay its percentage share to the Town in equal quarterly instalments from the 15th day of March, June, September and December. If the budget is not adopted by March 15th one quarter of the previous year's payments would be due on that date with any necessary adjustments to be made on the June instalment. 5. The parties acknowledge and agree as follows: (a) The present inventory and value of equipment and buildings associated with the Davidson Centre and the Recreation Department are the property of the Town of Kincardine. (b) Any equipment or buildings which may be constructed or purchased from time to time shall be purchased by both parties as joint owners once the Township is paying their full percentage share of 18%. (c) Any proceeds realized from the sale of any equipment during the currency of this Agreement jointly owned by the parties shall be used for the purposes of recreation. Any surplus arising from the sale of such equipment shall be distributed between the parties based on the percentage paid by each party at the time of purchase, provided that the Township had paid its full percentage share. 6. (a) This agreement shall come into full force and shall be binding on the parties effective January 1, 1993. (b) This agreement shall remain in force until termination by either party. " ~ .;< / / . . -4- (c) Either party may terminate this agreement by delivering written Notice of Termination to the Clerk of the other municipality during regular business hours. The municipality delivering such notice shall be referred to as the terminating municipality. (d) Such notice of termination will be deemed to be effective on the 31st day of December in the year following which it is delivered. 7. The parties agree that this Agreement shall be amended only by further agreement in writing and authorized by by-law and passed by the Council of each of the parties. 8. In the event that any covenant, provision or term of this Agreement should at any time be held by any competent Tribunal to be void or unenforceable, the Agreement shall not fail but the covenant, provision or term shall be deemed to be severable from the Agreement and the remainder shall continue in full force and effect mutatis mutandis. 9. All parties hereto agree irrevocably to attorn to the Courts in the Province of Ontario and agree that any disparity between them shall be litigated in the Province of Ontario and in any event, all rights between them shall be construed in accordance with the law in the Province of Ontario in effect at that material time. In Witness Whereof the said Corporations have hereunto affixed their corporate seals duly attested by the hands of their proper officers. This ~~~ day of December 1 92. The Corporation of the Town of Kincardine The Corporation of the Township of Kincard~ L Reeve þ;2û;..A~)Á-'~)) rk-Treasure