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HomeMy WebLinkAbout12 037 Arran-Elderslie Recreation Access (2012) Agreement By-law THE CORPORATION OF THE MUNICIPALITY OF KINCARDINE 1 . ra ...400 /PALi OF KI, BY -LAW NO. 2012 - 037 BEING A BY -LAW TO ENTER INTO AN AGREEMENT WITH THE MUNICIPALITY OF ARRAN - ELDERSLIE FOR THE PROVISION OF RECREATION SERVICES AND FACILITY ACCESS FOR CITIZENS OF THE MUNICIPALITY OF KINCARDINE WHEREAS the Municipal Act, 2001, S.O. 2001, c. 25 Section 11 (2) provides that • lower -tier municipalities may pass by -laws within the sphere of jurisdiction of culture, parks, recreation and heritage; AND WHEREAS pursuant to the said Municipal Act, Section 20 provides that a municipality may enter into agreements with one or more municipalities to jointly provide for their joint benefit any matter which they have the power to provide within their own boundaries; AND WHEREAS the Council for The Corporation of the Municipality of Kincardine deems it advisable to enter into an agreement with the Corporation of the Municipality of Arran - Elderslie to provide recreation services and full recreation facility access for the residents of the Municipality of Kincardine; NOW THEREFORE the Council for The Corporation of the Municipality of Kincardine ENACTS as follows: 1. That the Corporation of the Municipality of Kincardine renew for a period of five years an agreement with The Corporation of the Municipality of Arran - Elderslie, • for the provision of recreation services and full recreation facility access to the residents of the Municipality of Kincardine. 2. That for the annual sum of $2000.00 (two thousand dollars) for the life of this agreement, Arran - Elderslie will provide recreational services and full recreation facility access to the residents of the Municipality of Kincardine. 3. That the Mayor and CAO be authorized to sign and execute, on behalf of the Corporation of the Municipality of Kincardine the agreement with The Corporation of the Municipality of Arran - Elderslie attached hereto as Schedule "A". 4. This by -law shall come into full force and effect upon its final passage. .../2 • Page 2 Arran - Elderslie Recreation Access (2012) Agreement By -Iaw By -Iaw No. 2012 - 037 5. This by -Iaw may be cited as the "Arran - Elderslie Recreation Access (2012) Agreement By-law". • READ a FIRST and SECOND TIME this 21 day of March 2012. • - ayor Clerk READ a THIRD TIME and FINALLY PASSED this 21 day of March 2012. 9(7) S e, I ft° Mayor Clerk 4 • • • Agreement — Non- resident Use Agreement Municipality of Kincardine NON - RESIDENT USE AGREEMENT THIS AGREEMENT made in duplicate this 218' day of March, 2012 Between: THE CORPORATION OF THE MUNICIPALITY OF KINCARDINE (Hereinafter called the "Kincardine "), OF THE FIRST PART -AND - THE CORPORATION OF THE MUNICIPALITY OF ARRAN- ELDERSLIE (Hereinafter called the "Municipality"), OF THE SECOND PART Whereas, the Parties hereto are desirous of enduring the continued maintenance and operation of the Paisley, Tara and Chesley District Community Centres, pursuant to Section 20(1) of the Municipal Act, R.S.O. 2001, Chapter C.25, as amended, on lands within the boundaries of the Municipality of Arran- Elderslie. NOW THEREFORE THIS AGREEMENT WITNESSETH THAT, in consideration of mutual covenants, terms and conditions hereinafter set forth, the Parties hereto agree as follows: 1. That for the annual sum of two thousand dollars ($2,000), to be paid annually as invoiced, for the life of the agreement, the Municipality of Arran- Elderslie will provide Recreation Services and full recreation facility access to the residents of the Municipality of Kincardine. 2. That the Municipality of Kincardine is not required to contribute to capital projects undertaken by the Municipality of Arran- Elderslie's Recreation Department. 3. This agreement shall come into full force and effect on the P' day of January, 2012 and continue in effect until the 316' day of December, 2016. IN WITNESS WHEREOF, the owners have hereunto to set their hands and seal and the Municipality has hereunto set its Corporate Seal attested by the hands of the Mayor and Clerk. SIGNED, SEALED AND DELIVERED this 21g day of March, 2012. CORPORATION 0 THE MUNICIPALITY OF KINCARDINE 0 —: - rry K er, Mayor 1 . Murray Clarke, Chief Administrative Officer 1/We have the authority to bind the corporation CO :e ' / ION OF THE MUNICIPALITY OF ARRAN - ELDERSLIE / Peggy - Meuse, Clerk UWe have - the to bind the corporation Page 1 of 1 Municipality of Kincardine Agreement Recreation Services & Facility Access THE CORPORATION OF THE MUNICIPALITY OF ARRAN - ELDERSLIE BY -LAW NO. 12 - 2012 BEING A BY -LAW TO ENTER INTO AN AGREEMENT WITH THE MUNICIPALITY OF KINCARDINE FOR THE PROVISION OF RECREATION SERVICES AND FACILITIY ACCESS FOR CITIZENS OF THE MUNICIPALITY OF KINCARDINE WHEREAS Section 9 of the Municipal Act 2001, S.O. 2001, c. 25, as amended, grants a municipality the powers of a natural person for the purpose of exercising its authority under this or any other Act; and WHEREAS Section 11(2) of the Municipal Act, S.O. 2001, c.25, as amended, provides that lower -tier municipalities may pass by -laws within the sphere of jurisdiction of culture, parks, recreation and heritage; and WHEREAS Section 20 of the Municipal Act, S.O. 2001, c.25, as amended, provides that a municipality may enter into agreements with one or more municipalities to jointly provide for their joint benefit any matter which they have the power to provide within their own boundaries; and WHEREAS Council of the Corporation of the Municipality of Arran- Elderslie deems it expedient to enter into an agreement with the Corporation of the Municipality of Kincardine to provide recreation services and full recreation facility • access for the residents of the Municipality of Kincardine; NOW THEREFORE COUNCIL OF THE CORPORATION OF THE MUNICIPALITY OF ARRAN - ELDERSLIE HEREBY ENACTS AS FOLLOWS: 1. THAT the Corporation of the Municipality of Arran- Elderslie renew for a period of five (5) years, an agreement with the Corporation of the Municipality of Kincardine, for the provision of recreation services and full recreation access to the residents of the Municipality of Kincardine. 2. THAT for the annual sum of two thousand dollars ($ 2,000.00) for the life of this agreement, the Municipality of Arran- Elderslie will provide recreational services and full recreation facility access to the residents of the Municipality of Kincardine. 3. THIS Council does hereby authorize the Mayor and Clerk to execute the Encroachment Agreement on behalf of the Municipality of Arran- Elderslie, with the Municipality of Kincardine, attached hereto as Schedule 'A' (the Agreement). 4. THAT Schedule 'A' is declared to form part of this By-law. 5. THAT this By -law shall come into force and take effect upon receiving the final passing thereof. Municipality of Kincardine Agreement Recreation Services & Facility Access READ a FIRST and SECOND time this 23 day of April, 2012. READ a THIRD time and finally passed this ain of 4PeZA. , 2012. s Paul Ea 'son, Mayor ' eggy Rouse, Clerk • • • • • • Page 2 of 2