HomeMy WebLinkAbout09 120 Huron-Kinloss Joint Recreation Cost Sharing 2009 Agreement By-Law
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THE CORPORATION OF THE MUNICIPALITY OF KINCARDINE
BY-LAW
NO. 2009 - 120
A BY-LAW TO AUTHORIZE THE SIGNING OF AN
AGREEMENT WITH THE TOWNSHIP OF
HURON-KINLOSS FOR RECREATION SERVICES
WHEREAS the Section 11 (2) of the said Municipal Act provides that lower-tier
municipalities may pass by-laws within the sphere of jurisdiction of culture, parks,
recreation and heritage;
AND WHEREAS Sections 8 (1) and 9 of the Municipal Act, 2001, S.O. 2001, c.
25, as amended, provide that the powers of a municipality under this or any other
Act shall be interpreted broadly so as to confer broad authority on the
municipality to enable the municipality to govern its affairs as it considers
appropriate and to enhance the municipality's ability to respond to municipal
issues and has the capacity, rights, powers and privileges of a natural person for
the purpose of exercising its authority under this or any other Act;
AND WHEREAS the Council of The Corporation of the Municipality of Kincardine
deems it advisable to enter into an Agreement with The Corporation of the
Township of Huron-Kinloss for joint recreation cost sharing;
NOW THEREFORE the Council of The Corporation of the Municipality of
Kincardine ENACTS as follows:
1. That The Corporation of the Municipality of Kincardine enter into an
agreement with The Corporation of the Township of Huron-Kinloss for joint
recreation cost sharing.
2. That the Mayor and Chief Administrative Officer be authorized and directed to
execute by signing and affixing the corporate seal, on behalf of The
Corporation of the Municipality of Kincardine, the agreement with The
Corporation of the Township of Huron-Kinloss attached hereto and forming
part of the By-law.
3. This By-law shall come into full force and effect upon its final passage.
4. This By-law may be cited as the "Huron-Kinloss Joint Recreation Cost
Sharing 2009 Agreement By-law".
ND TIME this 1zth day of August, 2009
vrmQ~Q/ll 1L ~RJPQ.J)
~ lerk
FINALLY PASSED this 1 zth day of August, 2009
VYYUQ QO/'l..A-.ll ~ODJOOil
~ Clerk Q
The Corporation of the Township of Huron-Kinloss
BY-LA
2009-88
Certified to be a tru$ c1flete copy
of By-law number ~ passed by
the Co lyi fthe Township of Huron-Kin loss
on th fJ day of S;~It;,.~I";)f}#I
ul~
~. Clerk
shrfHuron-Kinloss
BY-LAW TO AUTHORIZE THE SIGNING OF AN AGREEMENT WITH THE
MUNICIPALITY OF KINCARDINE FOR JOINT
RECREATION COST SHARING
WHEREAS Section 11 (2) of the said Municipal Act provides that lower-tier
municipalities may pass by-laws within the sphere of jurisdiction of culture, parks
recreation and heritage;
AND WHEREAS Sections 8 (1) and 9 of the Municipal Act, 2001, S.O. 2001, c.
25, as amended, provide that the powers of a municipality under this or any other
Act shall be interpreted broadly so as to confer broad authority on the
municipality to enable the municipality to govern its affairs as it considers
appropriate and to enhance the municipality's ability to respond to municipal
issues and has the capacity, rights, powers and privileges of a natural person for
the purpose of exercising its authority under this or any other Act;
AND WHEREAS the Council for The Corporation of the Township of Huron-
Kinloss deems it advisable to enter into an agreement with the Municipality of
Kincardine for joint recreation cost sharing;
NOW THEREFORE THE MUNICIPAL COUNCIL OF THE TOWNSHIP OF
HURON-KINLOSS ENACTS AS FOLLOWS:
1.0 That the Corporation of the Township of Huron Kinloss enter into an
agreement with the Municipality of Kincardine for joint recreation cost
sharing.
I
2.0 That the Mayor and Clerk are hereby authorized to sign, on behalf of the
Council for The Corporation of the Township of Huron Kinloss the
agreement with the Municipality of Kincardine entitled Schedule "An,
which is attached to this by-law and to affix the corporate seal of The
Township of Huron-Kinloss.
3.0 This by-law shall come into full force and effect upon its final passage.
4.0 This by-law be cited as the "Kincardine Joint Recreation Cost Sharing
2009 Agreement By-Law".
READ a FIRST, SECOND and THIRD TIME and FINALLY PASSED this 21st
day of September, 2009.
~
Mayor
~eJ--I
Deputy-Clerk
THIS AGREEMENT made thi~day of ':;;';'Iflt~ 2009
BETWEEN:
THE CORPORATION OF THE MUNICIPALITY OF KINCARDINE,
Hereinafter called "Kincardine"
OF THE FIRST PART
-and-
THE CORPORATION OF THE TOWNSHIP OF HURON-KINlOSS,
Hereinafter called "Huron-Kin loss"
OF THE SECOND PART
WHEREAS Kincardine and Huron-Kinloss wish to enter into a Joint Recreation
Cost Sharing Agreement;
NOW THEREFORE THIS AGREEMENT WITNESSETH that in consideration of
the sum of Two ($2.00) Dollars of lawful money of Canada now paid by Huron-
Kinloss to Kincardine, the receipt whereof is hereby acknowledged, and in
consideration of the sum of Two ($2.00) Dollars of lawful money of Canada now
paid by Kincardine to Huron-Kinloss, the receipt whereof is hereby
acknowledged, and in consideration of the following further mutual covenants,
the parties agree as follows:
1. Upon a mutual agreement by both parties recreational services will be
provided to all residents of Huron-Kinloss on a year round basis, with the
same rights and privileges as the residents of Kincardine.
2. In consideration of the above rights bestowed in Section 1, Huron-Kinloss
shall financially remunerate to Kincardine yearly amounts commencing
with base amount for 2010 of $53,000 plus 2009 Ontario Consumer Price
Index to a maximum of 3%. Thereafter, the previous year payment shall
be increased each year by $3,000 plus the Ontario Consumer Price Index
for the previous year to a maximum of 3%.
3. The amounts outlined above shall be paid annually in four equal quarterly
installments.
4. This agreement shall commence January 1st 2010 and terminate
December 31St, 2019.
5. Both parties agree to review this agreement in 2018, one year prior to the
natural termination of this agreement in 2019.
6. Either party may terminate this agreement by providing upon 1 (one) year
written notice to the other party.
7. Any notice required to be given pursuant to this Agreement shall be given
by fax transmission, e-mail or courier service as follows:
For Kincardine:
John deRosenroll
Chief Administrative Officer
Municipality of Kincardine
1475 Concession 5
RR # 5
Kincardine, Ontario N2Z 2X6
Fax: 519-396-8288
E-Mail: JdeRosenroll@kincardine.net
For Huron-Kinloss:
Sonya Watson
Clerk
Township of Huron-Kinloss
21 Queen Street Box 130
Ripley, Ontario NOG 2RO
Fax: 519-395-4107
E-Mail: hurontwp@hurontel.on.ca
IN WITNESS WHEREOF Kincardine has hereunto affixed its corporate seal
under the hand of its Mayor and Chief Administrative Officer and Huron-Kinloss
has hereunto affixed its corporate seal under the hands of its Mayor and Clerk.
SIGNED, SEALED AND DELIVERED
In the presence of
Witness
Witness
) THE CORPORATION OF THE ..'_ _, ,</
) MUNIC L1TY OE I Np', . -.":-s
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) Per:
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) Pe'
) ohn deRosenroll, CAO ~~~-:/.< . _
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) We have authority to bind the Corporation.
)
) THE CORPORATION OF THE
) TOWNSHIP OF HURON-KINLOSS
)
)
) Per:
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)Per:
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) We have aut
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