HomeMy WebLinkAboutTWP 92 043 Rec Cst/Share - KIN
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THE CORPORATION OF THE TOWNSHIP OF KINCARDINE
BY-LAW NO. 92- ¥ð
A BY-LAW TO AUTHORIZE THE SIGNING OF A RECREATION COST-SHARING
AGREEMENT WITH THE CORPORATION OF THE TOWN OF KINCARDINE
WHEREAS the
Kincardine deems
sharing agreement
Council for The Corporation of the Township of
it advisable to enter into a recreation cost-
with The Corporation of the Town of Kincardine;
NOW THEREFORE the Council for The Corporation of the
Township of Kincardine ENACTS as follows:
1.
That The Corporation of
into an agreement with
Kincardine for recreation
the Township of
The Corporation
cost-sharing.
Kincardine enter
of the Town of
2. That the Reeve and Clerk-Treasurer be authorized to sign, on
behalf of The Corporation of the Township of Kincardine, the
agreement with the Corporation of the Town of Kincardine
which is attached to this by-law and to affix the Township's
seal as and when required.
3. This by-law shall come into full force and effect upon its
final passage.
4. This by-law may be cited as the "Kincardine Township-Town
Recreation cost-Sharing Agreement By-Law."
READ A FIRST AND SECOND TIME
-té
7 day of December 1992.
this
READ A THIRD TIME and FINALLY PASSED this
1992.
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? day of December
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C RK-TREASUR
REEVE
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This agreement made this IO~ day of December, 1992.
Between
The Corporation of the Town of Kincardine
(hereinafter called the "Town")
as Party of the First Part
and The Corporation of the Township of Kincardine
(hereinafter called the "Township"
as Party of the Second Part
Whereas the Community Recreation Centres Act, RSO 1990 Chapter
C.22 and Regulations made thereunder, authorize the
establishment, maintenance and operation of a community
recreation centre.
And Whereas in past years the Town and Township have shared in
recreational services offered through the Recreation Department
and the Davidson Centre without the benefit of a formal
agreement.
And Whereas the Town and Township are now desirous of entering
into an agreement that will allow the Township to pay their fair
share of the operation, maintenance and capital costs associated
with the Davidson Centre, Recreation Department, and its
recreational services.
Now Therefore this agreement witnesses that in consideration of
the mutual covenants and promises herein contained, the parties
agree as follows.
1. Recreation, for the purpose of this agreement includes
all recreational services offered through the
Recreation Department and the Davidson Centre. All
aaintenanceand capital costs associated with the Parks
operated by the Town are excluded. Both Town and
Township will be responsible for the maintenance and
capital costs associated with their individual parks.
2. (a) A Joint Board of Management for the Davidson
Centre and the Recreation Department (hereinafter
called the "Board") for the said Community
Programme of Recreation, shall be created.
(b) The Board shall be composed of 3 members of
Council from the Town plus 3 volunteer citizen
representatives and 2 members of Council from the
Township plus 1 volunteer citizen representative.
The Mayor of the Town and the Reeve of the
Township shall be ex-officio members of the Board.
(c) The Board shall appoint a Chair from among the
members of the Board for a one year term and such
appointment shall alternate between the Town and
Township. A Vice-Chair shall also be appointed
for a one year term. Thea. ap~i~tments will be
made at the first meeting in January.
(d) The Board shall hold meetings not less than one
per month. Special meetings may be called by the
Chair or on a petition by the majority of the
Board.
(e) Minutes of all Board meetings shall be recorded
and kept by a person appointed by the Board and
shall be forwarded to the Town and Township.
(f) The Recreation Director and the Facility Manager
shall attend all meetings as requested.
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(g) Any vacancy on the Board shall be filled within
thirty days by an appointment from the Council of
the Municipality in which the vacancy was created.
(h) Save and except as otherwise agreed in the
Agreement, all decisions of the Board shall be
made by a decision of the majority of the members
with the Chair being allowed to vote on all
matters. All decisions shall be made by written
motion. The Chair shall preside at all meetings
of the Board and affairs of the Board. In the
Chair's absence the Vice-Chair will assume these
duties. Each member shall have one vote.
(i) A majority of the members of the Board shall
constitute a quorum.
3. (a) The Board shall formulate policies, rules and
regulations for and relating to the adminstration
of the Davidson Centre and Recreation Department
programmes. Board policies to be approved by both
Councils.
(b) The Board may incur expenditures to the extent
provided in the annual approved budget or as
approved by Councils for the Town and Township.
(c) The Board may recommend fees for admittance and
rentals to any part of the Davidson Centre and to
Recreational Department Programmes, such fees to
be approved by both Councils.
(d) The hiring of the Director of Recreation and
Facilities Manager shall be the responsibility of
the Council of the Town. The hiring of all other
full-time staff at the Davidson Centre and the
Recreation Department shall be the responsibility
of the Board and their recommendation for hiring
shall be forwarded to the Town Council for
approval.
(e) The Department Heads may hire additional part-time
workers on a paid or voluntary basis and shall be
responsible for assigning the duties and
responsibilities of such persons within the
parameters of the annual budget and the policies
of the Board. A report of those hired will be
provided to the Board.
(f) The Board shall conduct, encourage, and assist the
proqraames of recreation which will meet the needs
and interests of the residents,'of the
municipalities. Such programmes shall include the
social, cultural and physical aspects of
recreation as applied to all ages, both male and
female. The Board shall, at all times, promote
the facilities and amenities which are available
for recreation.
4. (a) The Township's share of costs will be based on the
percentage of user participation in recreation
programmes from the Township. This percentage
shall be reviewed every three years. The current
user participation percentage for the Township is
18\. For the year 1993 the Township will pay 12\
and in 1994 will pay 18\. This percentage
breakdown will apply to operating costs. Capital
cost sharing will commence in 1995.
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(b) The Board shall prepare an annual budget both
operating and capital, and five year capital
proposals for presentation to the Treasurers of
both the Town and the Township no later than the
30th day of November in each year.
(c) The Town will be responsible for all treasury
functions for the Joint Board of Management for
the Recreation Department and the Davidson Centre
including receipt and disbursement of funds and
preparation of an annual financial statement at no
cost to the Board. Monthly financial statements
shall be provided to the Board.
(d) The Treasurer of the town shall no later than the
15th day of February of the current calendar year
submit to the Board a non-audited statement of
revenue and expenditure for the recreation
department for the previous year showing any
projected surplus or deficit.
(e) The calculations of the Township's share of the
Budget shall take into account any surplus or
deficit from the preceding year's operation of the
recreational services offered through the Davidson
Centre, excluding those for the year 1992.
(f) The Township will pay its percentage share to the
Town in equal quarterly instalments from the 15th
day of March, June, September and December. If
the budget is not adopted by March 15th one
quarter of the previous year's payments would be
due on that date with any necessary adjustments to
be made on the June instalment.
5. The parties acknowledge and agree as follows:
(a) The present inventory and value of equipment
and buildings associated with the Davidson Centre
and the Recreation Department are the property of
the Town of Kincardine.
(b) Any equipment or buildings which may be
constructed or purchased from time to time shall
be purchased by both parties as joint owners once
the Township is paying their full percentage share
of 18\.
(c) Any proceeds realized from the sale of any
equipment during the currency of this Agreement
jointly owned by the par1!tes"bal1 be used for
the purposes of recreation. Any surplus arising
from the sale of such equipment shall be
distributed between the parties based on the
percentage paid by each party at the time of
purchas~, provided that the Township had paid its
full percentage share.
6. (a) This agreement shall come into full force and
shall be binding on the parties effective
January 1, 1993.
(b) This agreement shall remain in force until
termination by either party.
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(c) Either party may terminate this agreement by
delivering written Notice of Termination to
the Clerk of the other municipality during
regular business hours. The municipality
delivering such notice shall be referred to
as the terminating municipality.
Cd) Such notice of termination will be deemed to
be effective on the 31st day of December in
the year following which it is delivered.
7. The parties agree that this Agreement shall be amended only
by further agreement in writing and authorized by by-law and
passed by the Council of each of the parties.
8. In the event that any covenant, provision or term of this
Agreement should at any time be held by any competent
Tribunal to be void or unenforceable, the Agreement shall
not fail but the covenant, provision or term shall be deemed
to be severable from the Agreement and the remainder shall
continue in full force and effect mutatis mutandis.
9. All parties hereto agree irrevocably to attorn to the Courts
in the Province of Ontario and agree that any disparity
between them shall be litigated in the Province of Ontario
and in any event, all rights between them shall be construed
in accordance with the law in the Province of Ontario in
effect at that material time.
In Witness Whereof the said Corporations have hereunto affixed
their corporate seals duly attested by the hands of their proper
officers.
ThiS~~~ day of
December 1992.
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The corporatiol{~'Gf··fheTo:Wi·.()f
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The Corporation of the Township of
Kinca~ Jt~1'
R~eeve ~.. ~:. :'_. "
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Cl k-Treasurer . .
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