HomeMy WebLinkAbout10 090 ISR Contribution AmendmentAgreement THE CORPORATION OF THE MUNICIPALITY OF KINCARDINE
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BY -LAW
NO. 2010 — 090
BEING A BY -LAW TO AMEND BY -LAW NO. 2009 -128 —
BEING A BY -LAW TO AUTHORIZE THE SIGNING OF
A CONTRIBUTION AGREEMENT
(INFRASTRUCTURE STIMULUS FUND (ISF))
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 with the passage of By -law No. 2009 -128 the Municipality of
Kincardine entered into a contribution agreement with Her Majesty the Queen in
Right of Ontario, as Represented by the Minister of Energy and Infrastructure
(Ontario) and The Minister of Agriculture, Food and Rural Affairs (OMAFRA).
AND WHEREAS Section 17.10 of the General Terms and Conditions of the
Agreement provides for written amendments to the Agreement;
AND WHEREAS effective immediately, the parties hereby agree to amend the
terms and conditions of the contribution agreement;
NOW THEREFORE the Council of The Corporation of the Municipality of
• Kincardine ENACTS as follows:
1. That Schedule `A' — General Terms and Conditions, Section 4.4 (Financial
Assistance Advanced) is amended by striking out "25 %" in both instances and
substituting "30 %" in their place.
2. That the Mayor and Chief Administrative Officer be authorized and directed to
sign and execute, on behalf of the Council of The Corporation of the
Municipality of Kincardine, the amendment to the Contribution Agreement
with Ontario and OMAFRA, attached hereto as Schedule "A" and any other
such documents as required, and to affix the corporate seal of the
Municipality of Kincardine.
3. That this By -law shall come into full force and effect upon receipt, by the
Municipality of Kincardine, of a duly signed copy of the amended Contribution
Agreement with the Province of Ontario.
4. This By -law may be cited as the "ISF Contribution Amendment Agreement
• By -law ".
Page 2
ISF Contribution Amendment Agreement By -Iaw
By -Iaw No. 2010 - 090
READ a FIRST and SECOND TIME this 7 day of July, 2010.
Mayor Clerk
READ a THIRD TIME and FINALLY PASSED this 7 day of July, 2010.
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ayor Clerk
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Ministry of Agriculture, Ministere de ('Agriculture, 1-RE v'' r `.
Food and Rural Affairs de ('Alimentation et r�
des Affaires rurales •
JuN Z i/r Ontario
4th Floor 4 stage
1 Stone Road West 1 Stone Road West ugt
Guelph, Ontario N1G 4Y2 Guelph (Ontario) N1G 4Y2 ✓��C(1Y
Tel: 519- 826 -3419 Tel.: 1- 866 - 306 -7827
Fax: 519- 826 -4336 Telec.: 519 826 -4336
Rural Community Development Branch
June 21, 2010
John deRosenroll
CAO
The Corporation of the Municipality of Kincardine
1475 Concession 5 RR #5
Kincardine, ON, N2Z2X6
Dear John deRosenroll:
I am pleased to inform you that the amount of advance funding available for Fiscal Year
2010/11 under your Infrastructure Stimulus Fund Contribution Agreement with Ontario
will be increased from up to 25 to up to 30 per cent of the Eligible Costs that are
expected to be incurred in that period. By signing the attachment (without making any
amendments to it) and returning it by July 8, 2010, you will be agreeing to the revised
terms and conditions of your Agreement.
Sincerely,
Martin Bohl
Director
Rural Community Development Branch
o
:,„ Good Things Grow in Ontario
A bonne terre, bons produits fto 04'7
WHEREAS an Agreement, dated 10/26/2009 the "Agreement "), was executed by the
THE CORPORATION OF THE MUNICIPALITY OF KINCARDINE and HER MAJESTY
THE QUEEN IN RIGHT OF ONTARIO, AS REPRESENTED BY THE MINISTER OF
ENERGY AND INFRASTRUCTURE AND THE MINISTER OF AGRICULTURE, FOOD
AND RURAL AFFAIRS (referred to as "Ontario" and as "OMAFRA" in the latter case);
AND WHEREAS section 17.10 of the General Terms and Conditions of the Agreement
provides for written amendments to the Agreement;
NOW THEREFORE, effective immediately, the parties hereby agree to amend the
terms and conditions of the Agreement as follows:
Schedule A - General Terms and Conditions, Section 4.4 (Financial
Assistance Advanced) is amended by striking out "25 %" in both instances and
substituting "30 %" in their place.
All other terms and conditions of the Agreement remain in full force and effect, mutatis
mutandis.
THE CORPORATION OF THE MUNICIPALITY OF KINCARDINE
ow& 4 n •aso t
NAME: n %1 t{-Ei. 1 EfJ ti
TITLE:
.r 1\_ 110 NAME: 1o\'w\ Af_ t 1 \ DAT
TITLE: C y'1D
ONTARIO:
NAME: Martin Bohl DATE
TITLE: Director, Rural Community Development Branch