HomeMy WebLinkAbout12 016 Amendment to By-law No. 2009-132 Poirier Incentive Agreement By-law THE CORPORATION OF THE MUNICIPALITY OF KINCARDINE
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BYLAW
NO. 2012 - 016
BEING A BY -LAW TO AMEND BY -LAW NO. 2009 -132, BEING A BY -LAW TO
AUTHORIZE THE SIGNING OF AN AGREEMENT WITH MEDICAL STUDENT
STEVEN POIRIER FOR AN INCENTIVE PACKAGE
WHEREAS subsection 107 (1) of the Municipal Act, 2001, S.O. 2001, c. 25, as
amended, provides that a municipality may make grants, on such terms as to
• security and otherwise as the council considers appropriate, to any person, group
or body, including a fund, within or outside the boundaries of the municipality for
any purpose that council considers to be in the interests of the municipality;
AND WHEREAS pursuant to subsections 11 (1) and (2) of the said Municipal Act
a lower -tier municipality may provide any service or thing that the municipality
considers necessary or desirable for the public and may pass by -laws respecting
the health, safety and well -being of persons;
AND WHEREAS subsection 8 (1) of the said Municipal Act, provides 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 WHEREAS pursuant to Section 9 of the said Municipal Act a municipality
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 Corporation of the Municipality of Kincardine requires
physicians to meet the needs of its residents;
AND WHEREAS By -law No. 2009 -132 was passed on the 9th day of September
2009 to enter into an incentive agreement with medical student Steven Poirier;
AND WHEREAS the Council of The Corporation of the Municipality of Kincardine
deems it advisable to amend By -law No. 2009 -132;
NOW THEREFORE the Council of The Corporation of the Municipality of
Kincardine ENACTS as follows:
1. That the Poirier Incentive Agreement approved under By -law 2009 -132 be
amended as set out in Schedule 'A' attached hereto.
2. That the Mayor and Chief Administrative Officer be hereby authorized and
directed to execute, by affixing their signatures and the corporate seal, on
• behalf of The Corporation of the Municipality of Kincardine any documents
required for the execution of these agreements.
3. That Schedule 'A' forms part of this By -law.
Page 2
Poirier Incentive By -law
By -law No. 2012 - 016
• 4. This by -law shall come into full force and effect upon its final passage.
5. This by -law may be cited as the "Amendment to By -law No. 2009 -132
Poirier Incentive Agreement By -law".
READ a FIRST and SECOND time this 15 day of February, 2012
V r
�A Mayor Clerk .1
READ a THIRD time and FINALLY PASSED this 15 day of February, 2012
iri t _�;t i 1h QQ
y
Mayor Cler
•
THIS AGREEMENT made as of this 15 day of February, 2012
BETWEEN:
THE CORPORATION OF THE MUNICIPALITY
OF KINCARDINE
( "Kincardine ")
OF THE FIRST PART
- and -
STEVEN POIRIER
( "Poirier")
OF THE SECOND PART
WHEREAS municipalities are authorized under the Municipal Act, 2001 to
provide any service or thing the municipality considers necessary or desirable for
the public;
AND WHEREAS Kincardine Municipal Council ( "Council ") deems it desirable and
necessary for its residents to have access to local medical care. To ensure the
continued provision of this service, Council is prepared to recruit doctors through
the use of financial incentives to practice medicine in Kincardine;
AND WHEREAS By -law No. 2009 -132 was passed on the 9th day of
September 2009 to enter into an incentive agreement with medical student
Steven Poirier;
AND WHEREAS the Council of The Corporation of the Municipality of Kincardine
deems it advisable to amend By -law No. 2009 -132;
NOW THEREFORE the parties hereto agree to amend the Poirier Incentive
Agreement attached to By -law No. 2009 -132 as follows:
i) Section 8 be deleted and the following be added:
Poirier shall establish a practice as a family physician (the "Practice')
in the Medical Clinic no later than 1 July 2013. Poirier shall maintain
the Practice for a minimum period of five (5) years (the "Minimum
Term ").
ii) Section 10 b) to be deleted and the following added:
not establish the Practice by 1 September 2013; or
iii) Section 10 d) to be added
any outstanding balance of the loan identified in Section 18
iii) Section 18 be added:
Loan
a) Kincardine shall provide to Poirier, upon signing of this agreement
and passage of the associated municipal by -law, a loan of
$20,000.00 repayable over a two year period, commencing August
1, 2013. Interest will be calculated at a rate of prime (as of July 1,
2012) plus 1%.
By -law No. 2012 -
Poirier Recruitment Agreement By -law
IN WITNESS WHEREOF the Municipality of Kincardine has hereunto affixed its
Corporate Seal under the hands of its Mayor and CAO duly authorized in that
behalf and Poirier has set his hand.
THE CORPORATION OF THE
MUNICIPALITY OF KINCARDINE
6
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Wdness 1 Larry - e , Mayor
T2CLL
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Witness Murray Clarke, C.A.O.
We have authority to bind the Corporation.
STEVEN POIRIER
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Witness /// P �� / /