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Home My WebLink About11 094 SMART Corporation Amending Agreement THE CORPORATION OF THE MUNICIPALITY OF KINCARDINE h . Ker _y v,e - rokayolor BYLAW NO. 2011 - 094 BEING A BY -LAW TO ENTER INTO AN AMENDING AGREEMENT WITH SAUGEEN MOBILITY AND REGIONAL TRANSIT CORPORATION (S.M.A.R.T.)" WHEREAS pursuant to the Municipal Act, 2001, S.O. 2001, c.25 as amended Section 69 (2) authorizes a municipality to establish, operate and maintain a type • of passenger transportation system; AND WHEREAS Section 69 (2)(b) of the Municipal Act, 2001 authorizes a municipality to enter into an agreement granting a person the exclusive or non- exclusive right to establish, operate and maintain all or any type of a passenger transportation system within the municipality; AND WHEREAS Section 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 Saugeen Mobility and Regional Transit operates a Disability Transportation System; • AND WHEREAS the Municipality of Kincardine entered into an agreement with Saugeen Mobility and Regional Transit by way of By -law No. 2011 — 023; AND WHEREAS on the 25 day of May, 2011 all parties reviewed the agreement in accordance with paragraph 14.1 and wish to amend the terms thereof; AND WHEREAS the Council of The Corporation of the Municipality of Kincardine deems it advisable to enter into an amending agreement with Saugeen Mobility and Regional Transit; 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 amending agreement with Saugeen Mobility and Regional Transit. 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 amending agreement with Saugeen Mobility and Regional Transit attached hereto as Schedule "A" and to affix the corporate seal. Page 2 S.M.A.R.T. Corporation Amending Agreement By -law By -law No. 2011 - 094 .../2 • 3. This By -law shall come into full force and effect upon its passage. 4. This By -law may be cited as the "S.M.A.R.T. Corporation Amending Agreement By -law ". READ a FIRST and SECOND TIME this 13 day of July, 2011. • ayor Clerk READ a THIRD TIME and FINALLY PASSED this 13 day of July, 2011. • 41111 • • Al a • rya ` 4gQQQ • �yayor Clerk 0 • • a., THIS FIRST AMENDING AGREEMENT made this 25 day of May, 2011. BETWEEN THE CORPORATION OF THE TOWN OF HANOVER Hereinafter called "Hanover" -and - THE CORPORATION OF THE MUNICIPALITY OF ARRAN - ELDERSLIE Hereinafter called "Arran - Elderslie" -and - THE CORPORATION OF THE MUNICIPALITY OF BROCKTON Hereinafter called "Brockton" -and - THE CORPORATION OF THE MUNICIPALITY OF KINCARDINE Hereinafter called "Kincardine" -and - THE CORPORATION OF THE MUNICIPALITY OF WEST GREY Hereinafter called "West Grey" -and - SAUGEEN MOBILITY AND REGIONAL TRANSIT ( S.M.A.R.T.) Hereinafter called "S.M.A.R.T" WHEREAS the parties entered into an Agreement dated the 5 day of August, 2010 (hereinafter referred to as the "Agreement "). AND WHEREAS pursuant to paragraph 14.1 of said Agreement entitled "Review ", the parties were to review the Agreement annually on or before the 30 day of June of each year commencing in June 2011 with any amendment to be effective January 1 of the following year. AND WHEREAS on the 25 day of May, 2011, the parties reviewed the Agreement and wish to amend the terms thereof. NOW THEREFORE this Agreement witnessed that in consideration of the premises, the mutual covenants contained herein and in accordance with paragraph 14.1 of said Agreement, the parties hereto agrees as follows: 1. Paragraph 6.2, 6.3, 6.4 and 6.5 of Section entitled "Host Municipality" shall be deleted and the following substituted therefore: "6.2 The Host Municipality shall be compensated for its administrative costs associated with its responsibilities set out in paragraph 6.1 above in such amounts as agreed to from time to time by the Board of Directors and the Host Municipality." "6.3 The Host Municipality shall provide to the Corporation, its Directors and Members a statement of activities for the "Gas Tax Reserve" administered on behalf of the Corporation. This statement shall be provided annually on or before November 30 of each and every year." 2. Paragraph 10.1 shall be amended by deleting the second sentence and substituting therefore: " Said auditor shall at the following annual meeting present to the Members audited financial statements for the Corporation's fiscal year end in question as required by Section 96(2) of the Corporations Act." 3. Paragraph 14.1 shall be deleted and substituted therefore: "This Agreement shall be reviewed annually by the parties on or before the 30 day of June of each and every year commencing June 30, 2012 with any amendment to be effective January 1 of the following year unless otherwise agreed to." IN WITNESS WHEREOF the parties hereto have affixed their corporate seals attested by their authorized officers in that behalf. SIGNED, SEALED AND DELIVERED in the presence of: THE CORPORATION 0 THE TOWN OF HANOVER r Per. 4/ /.'M _ /J ./ .A..'' . . fayor Per: C A ' istrative Officer THE CORPORATION OF THE MUNIC /I I I F ARRAN - ELDERSLIE Per. ' r%___ r M jy& P _ a-aG THE CORPORATION OF THE MUNICIPALITY OF BROCKTON Per % • Ma, 4 A IOW Per: A , _x`/44` l a.aktA•a P4 Chief • 7 w. ''strative erne; THE CORPORATION OF THE LI CIP r ' 0 KINCARDINE Ma 11 Chief Administrative, cer v- . THE CORPORATION OF THE MUNICIPALITY OF WEST GREY Per. (- EG ,- G L4 • Per yor ' .e=✓r W s'ef Administrativ Officer SAUGEEN MOBILITY AND REGION TRANSIT (S.M.A.R.T.) Per: A/ • A AAA _ Director Per: Director I