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HomeMy WebLinkAboutTWP 90 021 Agree - Wste Man Veh ~, · · · -, · 2:. .. . THE CORPORATION OF THE TOWNSHIP OF KINCARDINE By-Law No. 90-21 BEING A BY-LAW to authorize the entering into an agreement between The Corporation of the Township of Kincardine as Party of the First Part, and The Corporation of the Township of Bruce as Party of the Second Part, and the Corporation of the village of Tiverton as Party of the Third Part. WHEREEAS the parties of the first and second part are desirous of jointly owning a waste management vehicle and all parties hereto ~re desirous of jointly operating this vehicle. The joint ownership and the joint operation would be conducted under the provisions of the Municipal Act R.S.O. 1980. Chapter 302, Section 208(5). AVD WHEREAS the parties hereto have agreed to mutually share the services hereinafter described in connection with the maintenac and operation of this waste management vehicle within each of the three municipalities. NOW THEREFORE the Council of the Corporation of the Township of Kincardine enacts as follows: 1. That the Corpoation do enter into an agreement for Waste Management Services which forms part of the By-Law and a copy of which is hereto attached. 2. That the Reeve and Clerk of the Township of Kincardine are hereby authorized to execute the said Agreement on behalf of the Corporation by their signatures and the affixing of the Corporation Seal of the Corporation there- to. Each Corporation shall receive back one executed copy of the Agreement after it has been signed by all three parties. By-Law introduced and read a First time this FOURTH day of SEPTEMBJ<;R, 1990 By-Law read a Second time this FOURTH day of September, 1990. By-Law read a Third time and finally passed, signed, sealed and numbered 90-21 this FOURTH day of SEPTEMBER, 1990. The Corporation of the Township of Kincardine REEVE X L M,....Æ¡i# )Ú)¡ -r-TREASUR ..... · · · · , . . ,...___:=_ - . 1 This agreement made this r2.~ day of Ct":727A'£A' 1990. Between The Corpora~on of the Township of Kincardine as Party of the First Part and The Corporation of the Township of Bruce as Party of the Second Part and The Corporation of the Village of Tiverton as Party of the Third Part Whereas the parties of the first & second part are desirous of jointly owning a waste management vehicle and all parties hereto are desirous of jointly operating this vehicle. The joint ownership and the joint operation would be conducted under the provisions of the Municipal Act R.5.0 1980, chapter 302 section 20B( 5). And Whereas the parties hereto have agreed to mutually share the services hereinafter described in connection with the maintenance and operation of this waste management vehicle within each of the three municipalities. Now Therefore this Agreement witnesseth that in consideration of the mutual covenants and promises herein contained, the parties agree as follows. 1. (a) A Joint Board of Waste Management (hereinafter called "the Board") shall be created to administer terms of this agreement. (b) The Board shall be composed of two members of council from each of the two townships and one member of council from the village. (c) The Board shall annually appoint a chair from among the members of the Board. (d) The Board shall meet quarterly in February, May, AUgust and November. Special meetings may be called by the chair or on a request by any of the participating Councils. (a) A waste management vehicle for the purpose of this agreement shall mean a compactor truck with bins for recyclable materials. (b) In this agreement garbage and recyclable materials shall be those that are designated by each of the parties for their respective municipalities. (c) This waste disposal pick-up to be provided at gateway or curbside for each ratepayer living on a public road and for those ratepayers living on a private road at the intersection of the private road and the public road. (d) The garbage and recyclables collected will be unloaded at a site designated by the municipality from which it was collected. (e) Designing the collection routes within each municipality shall be the responsibility of the municipality's representative(s) on the Board in consultation with the waste management vehicle operator. ( f) The schedule for pick -up wi 11 be" prepared by the vehicle operator and shall be approved by the Board. 2. 3. (a) The Township of Kincardine will be responsible for the day by day operation of this vehicle. ~: · · · · .... // /" . . 2 4 . (b) Accurate records for this vehicle will be maintained showing distance driven, fuel used and maintenance required, and presented to the Board for assessment at each of their quarterly meetings. (c) The Township of Kincardine will be responsible for staffing the vehicle and the pay scale used will conform with that of the Township of Kincardine. Accurate staffing records and costs will be available for each meeting of the Board. (d) All administrative costs will be absorbed by the Township of Kincardine until January 1, 1992. (a) The capital costs relating to this waste management vehicle shall be shared by the parties of the first and second part of this agreement, which will give these parties proprietary rights to the vehicle. (b) The percentage shares for these capital costs will be as follows: Kincardine Township 63\ Bruce Township 37\ 5. (a) All cost, other than capital, including maintenance, operating, or any ancillary expense relating to this waste management vehicle shall be shared by all parties to this agreement. (b) All costs for rental equipment required in the event of a breakdown or unforseen situation shall be shared by all parties to this agreement. (c) All labour costs relating to the staffing of this waste management vehicle shall be shared by all parties to this agreement. 6. (a) The cost sharing basis for all costs associated with item 5 (a), (b), (c) in this agreement shall be on the number of households. Each municipality's total number of households shall be calculated as a percentage of the total number of households in all three participating municipalities. This percentage shall be that municipality's share of the costs of this waste management project. (b) The current percentages based on the current number of households provide the following sharing arrangement. Kincardine Township 55\ Bruce Township 33\ Tiverton 12\ (c) As the participating municipalities' populations change the Board may revise the percentages for cost sharing on an annual basis if deemed necessary. (d) In lieu of proprietary rights, Tiverton will be assessed 1/2 of one percent of the year's operating cost as a surcharge. This surcharge, to be used to offset operating costs, will be payable to the party of the first part with their payment on March 15th based on the previous year's costs. 7. (a) Kincardine Township will present a budget to the Board for their February aeetin9. · · · . , . . / " . . 3 B. (b) Parties of the Second and Third Part to this agreement will pay their percentage share of the budget to the Township of Kincardine in equal quarterly instalments on the 15th day of March, June, September and December. (For the previous year's operation an equalizing payment invoice or refund notice will be presented to the parties of the second and third part by the party of the first part, along with an unaudited statement of the previous year's operating costs by January 31. ) (a) This agreement shall come into force and shall be binding on the parties effect.~ ve November 1, 1990. (b) This agreement shall remain in force until termination by any party to the agreement. (c) Any party may terminate this agreement by delivering written Notices of Termination to the clerks of the other municipalities. Six months notice is required for termination. (d) In the event that a party with proprietary rights terminated this agreement then the other party with proprietary rights would reimburse the terminating municipality for its depreciated equity in the vehicle as determined by a majority of the Board. In the event that the Board is unable to agree on a settlement acceptable to the terminating party the disagreement shall be submitted to arbitration under the Arbitration Act, R.S.O. 19BO, Chapter 25, and the parties jointly and severally agree to be bound by such award and that no appeal shall be taken therefrom. In Witness Whereof the said corporations have hereunto affixed their corporate seals duly attested by the hands of their proper of ficers:.. .,,- -z; This ~~ day of éÀz.r,o.86A' 1990. . ., -' ..-... " ~ -- - "- . ~. -~ '.... . -:/..~~-:.-"' :=; ---~;,~/"'-- The Corporation of t~~ow~_~~.~p ó~.-~~~ KRincardi~ 4fJ:?2-:. __ ~ ~.. <~~f eeve ....~ - --....- '-..... ~. l!J,~,1-? ~;'~:j,C. The oration of the Townshipof~ Bru R eve ~4-- Clerk The Corporation of th~ T~vcP Ifeeve 2c~ Jdhß-,J . C rk Village of --- ~, :''' "r. , Ii . :' Ii Ii !I Ii I . . . THE c41ÞORATION OF THE VILLAGE OF TIVEtlÞN BY-LAW NO. 1990-10 BEING A BY-LAW to authorize the entering into an agreement between The Corporation of the Township of Kincardine as Party of the First Part, and The Corporation of the Township of Bruce as Party of the Second Part, and the Corporation of the Village of Tiverton as Party of the Third Part. WHEREAS the parties of the first and second part are desirous of jointly owning a waste management vehicie and all parties hereto are desirous of jointly operating this vehicie. The joint ownership and the joint operation would be conducted under the provisions of the Municipal Act R.S.O. 1980, Chapter 302, Section 208(5). I AND WHERAS the parties hereto have agreed to mutually share the services hereinafte1 described in connection with the maintenance and operation of this waste management vehicie within each of the three municipalities. NOW THEREFORE THE COUNCIL of the Corporation of the Village of Tiverton enacts as follows: 1. That the Corporation do enter into an agreement for waste management services which forms part of this by-law and a copy of which is hereto attached. 2. That the Reeve and Clerk of the Corporation of the Village of Tiverton are hereby authorized to execute the said agreement on behalf of the Corporation by their signatures and the affixing of the Corporation Seal of the Corporation thereto. Each Corporation shall receive back one executed copy of the agreement after it has been signed by all three parties. . , I I I By-law introduced and read a First time this 23rd day of October 1990 By-law read a Second time this day of October 1990 23rd By-law read a this 23rd Third time and finally passed, signed, sealed, and numbered day of October 1990. . Certified~tru copy ~I . _.J "/ \~~-: ean Whelen . ~ " . Clerk' - (iC:!Æ' . ~V ~ .'t. l.-.P -- "'..J _- J¿J. d4J A' / //;: ~LERK iF' ft/ -. - il II II !