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HomeMy WebLinkAboutTWP 88 013 Agree-Arena Tiv/BrTw ~ -.,. · · · .. . . CORPORATION OF THB /0////.5#//> OF ~t!/9/fL)//ý¿ By-law No. 19~- .~~ Being a by-law to authorize an agreement for the construction and joint operation of a co..unity recreation centre WHBREAS the Co.munity Recreation Centres Act, R.S.O. 19BO, Chapter BO, and Regulations made thereunder, authorize the establishment, maintenance and operation of a community recreation centre, and WHERBAS the Councils of the Village of Tiverton and the Townships of Bruce and Kincardine are desirous of jointly constructing and operating a com.unity recreation centre. NOW OF ~FORB T~B COUNCIL OF THB CORPORATION A/f~J/'v~ ENACTS AS FOLLOWS: - OF THB k7a//X'>///p 1) That the community approved. Joint construction recreation centre and be operation of a and is hereby 2) That the Head of Council and the Clerk-Treasurer be and are hereby authorized on be~o/f of the Corporation of the /"";/""'5/0 P of ~/?L)I/ÝE to enter into an agreement for the joint construction and operation of a community recreation centre as set out in Schedule A attached hereto and forming part of this by-law. That by-law numbers g¿-d9 and 21'-0"; be and are hereby rescinded, canc~lled and/repealed. 3) 4) That this by-law shall come into force and shall be effective on third and final reading thereof, subject to the approval of the Ontario Municipal Board. Read a First and Second time this ~~aY Of~' 19B1. X~ Reeve ~h-¡g:k;'h Clerk-T rer J£.rt;.ay Of~' 19BL. Read a Third and Final time this ~~ ~"n~LÁ Clerk-Tr rer .~. · · · · . . . SCHBDULE A To By-law No. 1981-- I~ THIS AGRBBMBNT, made this Ig~day ofud~ BETWRBN THB CORPORATION OF THB VILLAGB OF TIVBRTON Hereinafter called the PARTY OF THB FIRST PART and THE CORPORATION OF THB TOWNSHIP OF BRUCE Hereinafter called the PARTY OF THB SBCOND PART THB CORPORATION OF THE TOWNSHIP OF KINCARDINE Hereinafter called the PARTY OF TUB THIRD PART and WHERBAS the parties hereto are desirous of jointly constructing and subsequently operating R community recreation centre under the provisions of The Community Recreation Centres Act, R.S.O. 1980, Chapter 80, and Regulations made thereunder. NOW THEREFORE the mutual covenants and and subject to the terms the parties hereto agree WITNESSBTH that in consideration of considerations hereinafter contained and conditions hereinafter set forth, as follows: 1. That a Committee of Management hereafter called the "Committee" is hereby established to construct and manage the use and operation of a District Community Recreation Centre, to be known as the Tiverton and District Arena. The Committee shall be appointed annually as follows: (a) Two members of the Council of the Village of Tiverton as designated by the Council of the Village of Tiverton. (b) Two members of Township of Bruce Township Council. the Council of the as designated by the (c) Two members Township of the Township of the Kincardine Council. Council of the as designated by (d) One person designated by the Tiverton District Minor Sports Association who is a resident of one of the municipalities party to this Agreement and who is eligible to be elected to the Council of one of the participating municipalities. /2 · · · · . . 2. 2. That the Committee of Management shall annually elect a Chairman and a Vice-Chairman from among its members. 3. That the Committee of Management shall appoint a Secretary-Treasurer or a Secretary and a Treasurer. The Treasurer or Secretary-Treasurer shall be the municipal treasurer of a participating municipality or a municipal employee who is directly responsible to the municipal treasurer of a participating municipality. The auditor for the municipality employing the Committee's Treasurer or Secretary-Treasurer shall audit the accounts of the Committee of Management and shall submit copies of the annual statements and his report to the Committee. 4. That the Committee of Management shall be responsible for construction of a Community Recreation Centre under the following conditions: (a) The land upon which the Community Recreation Centre is to be constructed shall be located in the Village of Tiverton and shall be jointly owned by the parties to the Agreement: title ahall be appropriately registered. The coat of the land shall be considered part of the capital coat of the facility for the purpose of cost sharing. (b) Development of an unpaved roadway providing access to the Community Recreation Centre and the cost of providing storm and sanitary sewers, electrical services, telephone services, water mains, street lights, and other needed servicea shall be considered part of the cspital cost of the facility for the purpose of cost sharing. (c) Proposals shall be invited under Ruch terms and conditions as the Committee shall determine for the construction of the Community Recreation Centre accord- ing to such plana and specifications as the Committee shall approve. (d) Proposals and costs for the project shall be reviewed and evaluated by the Committee. A presentation and reCOmmen- dation in support of the preferred proposal shall be Msde by the Committee to the Councils of the parties to this Agreement. (e) The Committee shall prepare and present to the Joint meeting of Councils a detailed analysis of the total capital cost of the Co.munity Recreation Centre and a detailed analysis of the sources of funds for the proJect. Only cash on hand, written commitments by substantive organizations and written evidence of provincial grants shall be included in the analysis of sources funds. The /3 . . 3. · analysis of the sources of funds shall be prepared on the basis of the residual cost of the project being shared equally by the parties to this Agreement. (f) The Committee shall not proceed with the letting of a contract for the construction of the Community Recreation Centre until each of the Councils of the participating municipalities have passed by-laws committing the respective municipalities to a one-third share of the net final capital cost of the proJect whatever that may be. · (g) The execution of any and all contracts for the construction of the Community Recreation Centre shall be by the Reeves and Clerk-Treasurers of each participa- ting municipality under authority of by- laws passed for that purpose. Oversee- ing of the project after contracts have been let shall be the responsibility of the Committee of Management; an engineer or architect may be retained for that purpose subJect to provision for such services being included in the approved cost analysis. (h) A separate trust deposit account shall be kept for the Co.munity Recreation Centre project which account ahall be in the care, custody and control of the Committee Secretary-Treasurer. All proJect receipts shall be deposited to that account and all cheques in payment of accounts approved in advance by the Committee shall be signed by the Chairman or Vice-Chairman and by the Secretary- Treasurer of the Committee. · (i) The Com.ittee shall not authorize changes in the project which will result in a municipality's total cost share increasing by more than $6,000.00 without first obtaining written approval from each participating municipality. (j) The Committee shall requisition funds equally from each participating municipality as construction of the project proceeds and as funds from other sources are depleted. · (k) The Committee shall arrange for the designated municipal auditor to audit the project's trust account and to submit a statement and report on the project's account as soon as practicable following completion of the proJect. The auditor's statement and report shall be submitted to each participating council immediately after being reviewed by the Committee. /4 · · · - . . 4. 5. That the authority, duties and responsibilities of the Committee of Management shall be as follows: (a) To hold regular monthly meetings or more often at the call of the Chairman or at the written request of a quorum of the members of the Committee. (b) To hire such officers and employees as may be required for the operation and .aintenance of the Community Recreation Centre at such rstes as are in accordance with the estimates as approved annually by the participating municipalities. All things being reasonably equal, employees of the Village of Tiverton will be given preference. (c) To determine the duties and responsibi- lities of the authorized employees and to provide for their supervision, promotion, demotion, discipline, and for the discharge of such employees. (d) To prepare, by March 1st of each year, an estimate of operating revenues and expenditures for submission to and approval by each of the participating municipal councils. The Committee's estimates as submitted or as amended must be unanimously approved by all parties to this Agreement. (e) To establish Tiverton and rates and fees programs of use for the District Arena and to set for all classes of users. (f) To annually enquire into and ensure that each of the parties to this agreement is appropriately protected by a policy of insurance providing protection against risks resulting from the use and operation of the arena and its related facilities and further that the buildings, equipment and facilities entrusted to the care, custody and control of the Committee are properly protected against physical loss or damage by appropriate policies of insurance. (g) To establish policies, rules and regulations for the use of equipment, buildings and property under the care, custody and control of the Committee. (h) To guide for the management Centre in application regulations Committee. those day of assigned responsibility to day operation and the Community Recreation the interpretation and of policies, rules and as established by the /5 · · · · , . . 5. (i) To ensure that proper tendering purchasing procedures are followed the acquisition of equipment, goods services. and for and (j) To ensure that proper records are kept, where practicable, of participation and use of facilities entrusted to the Committee. (k) To ensure that proper and adequate controls are in effect for the receipt of and accounting for all revenues. (1) To receive and review regular monthly financial statements compared to the approved budget required under item (d) above. (m) To ensure that all participating councils receive copies of the Minutes of all Committee of Management meetings and of all monthly financial statements. To promptly report to the council of each participating municipality, in writing, on any event which may cause a substantial adverse effect on financial results. (n) To submit a copy of the Committee's annual audited financial statement to the council of each participating municipa- lity immediately following review of the atatement by the Committee. (0) To submit an annual report to the councils of the participating municipa- lities on activities of the Committee for the previous year. Such Report to accompany the Committee's annual submission of its estimates for the ensuing year. 6. The annual operating deficits or surpluses resulting from the uSe and operation of the Community Recreation Centre shall be shared by the parties to this Agreement on the following basis: Village of Tiverton 33 1/3~ Township of Bruce 33 1/3~ Township of Kincardine 33 1/3~ Total 100 ~ 7. The cost of all future capital additions, replace- ments or improvements shall be shared equally between the parties and shall be agreed upon in writing by the municipal councils before the commencement of any capital work or project not included in the annual operating estimates. 8(a) Each participating municipality shall pay to the Treasurer of the Committee four payments toward its share of /6 -~ · · · ~ . . . 6. the cost of any estimated deficit for the current year. Such payments shall be made on or about the first days of January, April, July and October. The January payment shall be based on the Committee's preliminary estimate of any operating deficit for that year. Thereafter, payments for the current year shall be based on the Committee's annual estimates required to be submitted to and approved by the councils of the participating municipalities by Article 4(a) of this Agreement. 8(b) Bach party to the Agreement shall be charged or credited with its agreed upon share of any deficit or surplus resulting from operations of the previous year as determined by the annual audited statements. Any under or overpayment toward the surplus or deficit of the previous year shall be calculated and set off against payments due for the next succeeding year. 9. Decisions of the Committee affecting operations of the Community Recreation Centre shall be carried by a simple majority of those members in attendance at any duly constituted meeting. A majority of the members of the Committee of Management shall constitute a quorum. 10. of office appointed more than least one Committee members shall commence their annual terms on January 1st of each year. A person shall not be or reappointed to the Com.ittee of Management for nine years without an intervening absence of at year. 11. Appointments of councillors to the Committee of Management and replacement appointments for any reason are the exclusive right of the councils of the respective participa- ting municipalities. The council of a municipality may designate other members of the council to act as alternative representatives to attend meetings of the Committee of Management in the abaence of appointed members. Similarly, the Tiverton District Minor Sports Association may designate other qualified persons to act as alternative representatives to attend meetings of the Committee of Management in the absence of the appointed member. Such alternates shall have full voting privileges. 12. The Committee shall obtain approval from the councils of each of the participating parties before commencing the solicitation of funds or the conducting of fund raising projects for either operating or capital projects. 13. The Committee may establish and continue a Reserve Fund in accordance with the provisions of section 165 of the Municipal Act, R.S.O. 1980, Chapter 302 as amended, through provision in its annual estimates. Any Reserve Fund shall be in the care and custody of the municipal treasurer of one of the participating municipalities and shall be subject to the controlling provisions of the said section 166 of the Municipal Act. 14. The basis upon which costs are shared under the provisions of this Agreement shall be reviewed by the parties hereto every five years or more frequently as all of the parties may mutually agree upon. The first required review shall be during the fifth year following the year when /7 ~ ~ . · · · ~ . . . 7. construction of the Community Recreation Centre was completed. Any change in the formulas for cost sharing must be with the consent of all parties and will be effective on the first of Ja~uary of the next following year. 15. This Agreement shall enure to the benefit of and be binding upon the parties hereto, their successors and respective assigns. Any of the parties hereto may withdraw fro. the Agreement and its rights and obligations by giving written notice to the councils of each of the participating municipalities. Such notice shall be effective on the thirty- first day of December of the fifth year following the year during which notice is given. This Agreement may be cancelled at any time upon mutual consent of all parties. 16. Any.dispute, controversy or stalemate arising out of the provisions of this Agreement, interpretation thereof or in negotiations for a renewal agreement shall be determined by the Ontario Municipal Board ss sole arbitrator pursusnt to the provisions of section 208, paragraph 9 of the Municipal Act, R.S.O. 1980, chapter 302 as amended. The costs of any such arbitration shall be shared by the parties to the dispute in such ratio as shall be set by the Ontario Municipal Board Hearing officer. IN WITNBSS WHEREOF the affixed their Corporate Seals respective officers. parties hereto have hereunder and the signatures of their THE CORPORATION OF THB VILLAGE OF TIVERTON Reeve Clerk-Treasurer THE CORPORATION OF THE TOWNSHIP OF BRUCE Reeve Clerk-Treasurer THE CORPORATION OF THE TOWNSHIP OF KINCARDINE :;:;L Reeve <¡d:ßnj~~;.)) Clerk- reasurer - ...;.;¡I