HomeMy WebLinkAbout12 072 S.M.A.R.T. Corporation Amending Agreement (2) By-law THE CORPORATION OF THE MUNICIPALITY OF KINCARDINE
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BY-LAW
NO. 2012 - 072
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 26"' day of March, 2012 all parties reviewed the
agreement and wished to add the Township of Southgate into the agreement;
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
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'.
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S.M.A.R.T. Corporation Amending Agreement (2) By -law
By -law No. 2012 - 072
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 (2) By -law".
READ a FIRST and SECOND TIME this 20 day of June, 2012
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READ a THIRD TIME and FINALLY PASSED this 20 day of June, 2012
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REPORT TO: SAUGEEN MOBIUTY & REGIONAL TRANSIT BOARD OF DIRECTORS
FROM: ROGER COOK, MANAGER OF TRANSIT SERVICES This is Schedule "A." to By -Law
DATE: APRIL 23, 2012 No. 2 O7a passed the aO day
of Sane 2012
• REPORT: RAC2012 -08
SUBJECT: TOWNSHIP OF SOUTHGATE MEMBERSHIP
REPORT:
Please find attached the Second Amending Agreement to bring the Township of Southgate into the
SMART partnership.
•
RECOMMENDATION:
I recommend that the Township of Southgate be welcomed into the SMART partnership as per the
Second Amending Agreement and Special Resolution.
IIP
Res. - dully submitted,
iel
Roger Cook
Manager
•
THIS SECOND AMENDING AGREEMENT made this 26 day of March, 2012.
AMONG:
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 -
The Corporation of the Township of Southgate
hereinafter called "Southgate"
- and -
Saugeen Mobility and Regional Transit ( S.M.A.R.T.)
hereinafter called "S.M.A.R.T."
WHEREAS Hanover, Arran - Elderslie, Brockton, Kincardine, West Grey and S.M.A.R.T.
entered into an Agreement dated the 15 day of August, 2010 for the purposes of regulating and
managing of S.M.A.R.T. which operates and provides transportation services to the disabled
within the boundaries of the aforesaid Municipalities. A copy of said "Agreement" is attached
hereto as Schedule "A ".
AND WHEREAS the parties signed a First Amending Agreement dated the 25 day of May,
2011. A copy of said "First Amending Agreement" is attached hereto as Schedule "B ".
Second Amending Agreement dated March 26, 2012 Hanover, Arran Elderslie, Brockton, Kincardine,
Page 2 West Grey, Westgate & S.M.A.R.T.
AND WHEREAS Hanover, Arran- Elderslie, Brockton, Kincardine and West Grey are the only
members of S.M.A.R.T.
AND WHEREAS each of the aforesaid has appointed a Municipal Representative as their proxy
and Representative to attend all meetings of the members and who in turn have appointed
themselves as Directors of S.M.A.R.T.
AND WHEREAS Southgate wishes to utilize the services of S.M.A.R.T. within its Municipal
boundaries.
AND WHEREAS Southgate has applied to the Directors of S.M.A.R.T. in accordance with
paragraph 8.1 of the Agreement and paragraph 17 of By -Law 3 to become a member of'
S.M.A.R.T.
AND WHEREAS the directors of S.M.A.R.T. have in accordance with paragraph 8.2 of the
Agreement and paragraph 17 of By -Law #3 approved Southgate as a member conditional upon it
entering into this Agreement. A copy of said Resolution is attached hereto as Schedule "C ".
NOW THEREFORE this Agreement, witness that in consideration of the premises and the
covenant hereinafter contained, the parties hereto agree as follows:
1. Southgate shall be admitted as a member of S.M.A.R.T.
2. Southgate agrees to appoint as their Proxy and Representative, one of the individuals
described in paragraph 2.1 of the Agreement to attend all meetings of the members, who
in turn, the existing Directors in accordance with paragraph 3.1 of the Agreement, shall
appoint a Director of the Corporation.
3. The current members and directors of S.M.A.R.T. shall cause S.M.A.R.T. to increase its
number of directors from five to six in accordance with paragraph 3.2 of said Agreement.
4. Southgate shall comply forthwith with paragraph 7.1 of said Agreement to apply for its
annual funding and acknowledges that its share of funding shall be determined in
accordance with paragraph 7.3 of the Agreement.
5. Further to paragraph 11.1 of the Agreement, Southgate's address for service is RR 1
Dundalk, ON NOC 1B0.
Second Amending Agreement dared March 26, 2012 Hanover, Arran Elderslie, Brockton, Kincardine,
Page 3 West Grey, Sate & S.MA.R.T.
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6. Southgate hereby agrees to be bound by the terms of the Agreement and the First
Amending Agreement and hereby ratifies and confirms the terms of the same as though
an original party to the aforesaid Agreements.
IN WITNESS WHEREOF this Agreement has been executed by the parties on the day of
April, 2012.
SIGNED, SEALED AND DELIVERED
in the presence of: )
) The Co ration of the Town of Hanover
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per:
) The ora ' on of the Municipality of Arran - Elderslie
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) The Corporation of the Municipality of Brockton
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Per:
) The Corporation of the Mu • • ality of Kist dine
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) The Corporation of the Municipality of West Grey` =
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The Corporation of the Towns ip of Southgate
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) Saugeen M ' and Regional Transit (S.M.A.R.T.)
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) Per: