HomeMy WebLinkAbout12 129 S.M.A.R.T. Corporation Amending Agreement (3) By-law THE CORPORATION OF THE MUNICIPALITY OF KINCARDINE
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, N���PAII iY OF KMCP�
BY-LA
NO. 2012 - 129
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
411 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 14 day of June, 2012 all parties reviewed the
agreement and wished to enter into an amending 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 ".
...12
Page 2
S.M.A.R.T. Corporation Amending Agreement (3) By -law
By -law No. 2012 - 129
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 (3) By -law ".
READ a FIRST and SECOND TIME this 17 day of October, 2012
yor Clerk
READ a THIRD TIME and FINALLY PASSED this 17 day of October, 2012
or Clerk 0
•
1111
•
THIS THIRD AMENDING AGREEMENT dated this 14` day of June, 2012
BETWEEN
The Corporation of the Town of Hanover
hereinafter called "Hanover"
- and -
The Corporation of the Municipality of Arran - Elderslie
hereinafter called "Arran Eldetslie"
- 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."
Page 12
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".
R AND WHEREAS the parties signed a Second Amending Agreement dated the 26` day of
March, 2012 for the purposes of admitting Southgate as a member of S.M.A.R.T. A copy
of said "Second Amending Agreement" is attached hereto as Schedule "C ".
AND WHEREAS the parties hereto wish to amend paragraph 6.3 of the Original
Agreement attached hereto as Schedule "A" which paragraph provided as follows:
"6.3 The "Host Municipality" shall be eligible for compensation for its
administrative costs associated herewith as determined by the Directors from time
to time and confirmed by a Resolution signed by all Directors of the
Corporation."
AND WHEREAS paragraph 6.3 of the Original Agreement was amended by the First
Amending Agreement dated the 25` day of May, 2011 which deleted paragraph 6.3 of the
Original Agreement and substituted therefore:
"6.2 The Host Municipality shall be compensated for its administrative costs
associated with its responsibilities set out in paragraph 6.1 above in such amounts
as agreed to from time to time by the Board of Directors and the Host
Municipality."
NOW THEREFORE this Agreement, witness that in consideration of the premises and
the covenant hereinafter contained, the parties hereto agree as follows:
1. Paragraph 6.2 of the First Amending Agreement amending paragraph 6.3 of the
Original Agreement be deleted and the following substituted therefore:
a. 6.2 The Host Municipality shall be compensated for its administrative
costs associated with its responsibilities set out in paragraph 6.1 above based
Page 13
on a payment of 0.25% of the yearly Provincial Gas Tax allotment received
on behalf of the S.M.A.R.T.
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 Corpo ation of the Town of Hanover
)
) h,G Aes ' i41t &' r'
) Per: /
) per: -
)
) The Corporation of the Municipality of
Arld'e
_
) per: 4 7410 At e A:VcR
4, Ire ettet
per: 4 y ' rl� rSE ! e'R
)
) The Corporation of the Municipality of
Brockton
)
Per: avid 1/�9/i j at 'o✓
/ -
)
p e r e A r a 8 s I , C4„4-
)
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Page 14
) The Corporation of the Municipality of
Kincardine
) a. \--
.!is • • ii •KRREh 4 rift' _ _
) per: ik .ekt.0 RR t CLARK . , CAS
)
) The Corporation of the Municipality of
West Grey
) —. C Ge Lam.
Per:
per:
) The Corporation of the Township of
Southga te /
) O
per:
) Saugeen i obility and Regional T agsit . = ' -.;
\e _ = s Per:
J •i
) per: