HomeMy WebLinkAbout13 044 S.M.A.R.T. Corporation Amending Agreements (4 & 5) By-law THE CORPORATION OF THE MUNICIPALITY OF KINCARDINE
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BY-LAW
NO. 2013 - 044
BEING A BY -LAW TO ENTER INTO TWO AMENDING AGREEMENTS 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 govem 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 and the 19 day of March, 2013
all parties reviewed the agreement and wished to enter into amending
agreements;
AND WHEREAS the Council of The Corporation of the Municipality of Kincardine
deems it advisable to enter into two amending agreements 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 made the 26 day of
March, 2012 and attached hereto as Schedule "A ";
• 2. That The Corporation of the Municipality of Kincardine enter into an amending
agreement with Saugeen Mobility and Regional Transit made the 19th day of
March, 2013 and attached hereto as Schedule "B ";
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S.M.A.R.T. Corporation Amending Agreement (4 & 5) By -law
By -law No. 2013 - 044
• 3. That the Mayor and Chief Administrative Officer be authorized and directed to
execute, on behalf of the Council of The Corporation of the Municipality of
Kincardine, the amending agreements with Saugeen Mobility and Regional
Transit attached hereto as Schedule "A" and Schedule "B ".
4. This By -law shall come into full force and effect upon its passage.
5. This By -law may be cited as the " S.M.A.R.T. Corporation Amending
Agreements (4 & 5) By -law'.
READ a FIRST and SECOND TIME this 17 day of April, 2013.
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ayor Clerk
• READ a THIRD TIME and FINALLY PASSED this 17 day of April, 2013.
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yor Clerk
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This is Schedule "A_" to By -Law
NO. 265-44 passed the IT day
of Pfrint 2013
THIS FOURTH AMENDING AGREEMENT made this 26t 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 Munisipality of West Grey
hereinafter called "West Grey"
_and_
The Corporation of the Township of Southgate
hereinafter called "Southgate"
-and-
The Corporation of the Town of Saugeen Shores
hereinafter called "Saugeen Shores"
-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 tiny 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
•
Second Amending Agreement dated March & 20/3 Hanover Arran Elderslt* Brockton, KlncarAtne.
Page 2 West Grey, Southgate, Saugeen Shores
& SM.A.R.T.
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 ".
AND WHEREAS the parties signed a Second Amending Agreement dated the 26 day of March,
2012. A copy of said "Second Amending Agreanent" is attached hereto as Schedule "C" to pen it
Southgate to become a member of S.M.A.R.T.
AND WHEREAS the parties signed a Third Amending Agreement dated the le dayof)une, 2012.
A copy of said "Third Amending Agreement" is attached hereto as Schedule "D" dealing with
compensation for Host Municipality.
•
AND WHEREAS Hanover, Arran- Elderslie, Brockton, Kincardine, West Grey and Southgate 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 ofthe members and who in turn have appointed themselves
as Directors of S.M.A.R.T.
AND WHEREAS Saugeen Shores wishes to utilize the services ofS.M.A.R.T. within its Municipal
boundaries.
AND WHEREAS Saugeen Shores has applied to the Directors of S.M.A.R.T. in accordance with
paragraph 8.1 ofthe 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 43 approved Saugeen Shores as a member conditional upon
it entering into this Agreenent. A copy of said Resolution is attached hereto as Schedule "E".
NOW THEREFORE this Agreement, witness that in consideration of the premises and the
covenant hereinafter contained, the parties hereto agree as follows:
1. Saugeen Shores shall be admitted as a member of S.M.A.R.T.
2. Saugeen Shores agrees to appoint as their Proxy and Representative, one of the individuals
SecondAmendtag Agreement dated March 6.20/3 Hanover, Arran B7ders0e. Brockton. Kincardine,
Page 3 West Gay, Southgate. Sampan Shona
t IM.A.R.T.
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 ofthe 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 six to seven in accordance with paragraph 3.2 of said Agreement.
4. Saugeen Shores shall comply forthwith with paragraph 7.1 of said Agreement to apply for
its annual funding and acknowledges that its share of finding shall be determined in
accordance with paragraph 7.3 of the Agreement.
5. Further to paragraph 11.1 of the Agreement, Saugeen Shores's address for service is PO Box
820, 600 Tomlinson Drive, Port Elgin, Ontario NOH 2C0.
6. Saugeen Shores haeby agrees to be bound by the tarns of the Agreement and the First,
Second and Third Amending Agreement and hereby ratifies and confirms the tams of the
same as though an original party to the aforesaid Agreements.
IN WITNESS WHEREOF this Agreanent has been executed by the parties on the 6` day of
March, 2013.
SIGNED, SEALED AND DELIVERED
In the presence of: )
The Corporation of the Town of Hanover
e 1/ eff , tea`
Per:
The of the Municipality of Arran- Ehfenlie
Per.
) 747/129-1
The Corporation of the Municipality of Brockton
) A Per:
)
)
Second AntendrngAgnenrart dared March Q 2013 Hanover, Ammo Menke. Brockton. - A z .
Page 4 West Grey, Sorthgatc Sargon S
&S.ALA.R.T.
) The lion of ICid6oeA,
6 vtc
Per: ' ✓ 'J _ _ -
The Co radon of the Municipality of West Grey
, Ge L!/J
Per:
The Corporation of the T 5 of Southgate
)
)
) The Corporation of the Town of Saugeen Shorn
Per.
Saugeen M 1 , j ' . _ • nal Transit (S.M.A.R.T.)
)
) Per:
This is Schedule " . " to By -Law
No.2 4 4 - t passed the 19- day
of April 20
THIS FIFTH AMENDING AGREEMENT made this 19 day of March, 2013.
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 -
The Corporation of the Town of Saugeen Shores
hereinafter called "Saugeen Shores"
-and -
The Corporation of the Township of Huron - Kinloss
hereinafter called "Huron- Kinloss"
- 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 ".
Second Amending Agreement dated March 19, 2013 Hanover, Arran Elderslie, Brockton, Kincardine,
Page 2 West Grey, Southgate, Saugeen Shores, Huron -
Kin loss & S.M.A.R.T.
AND WHEREAS the parties signed a First Amending Agreement dated the 25i day of May, 2011.
A copy of said "First Amending Agreement" is attached hereto as Schedule `B ".
AND WHEREAS the parties signed a Second Amending Agreement dated the 26 day of March,
2012. A copy of said "Second Amending Agreement" is attached hereto as Schedule "C" to permit
Southgate to become a member of S.M.A.R.T.
AND WHEREAS the parties signed a Third Amending Agreement dated the 14 day ofJune, 2012.
A copy of said "Third Amending Agreement" is attached hereto as Schedule "D" dealing with
compensation for Host Municipality.
AND WHEREAS the parties signed a Fourth Amending Agreement dated the 6t day of March,
2013. A copy of said "Fourth Amending Agreement" is attached hereto as Schedule "E" to permit
Saugeen Shores to become a member of S.M.A.R.T.
AND WHEREAS Hanover, Arran- Elderslie, Brockton, Kincardine, West Grey, Southgate and
Saugeen Shores 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 ofthe members and who in turn have appointed themselves
as Directors of S.M.A.R.T.
AND WHEREAS Huron - Kinloss wishes to utilize the services of S.M.A.R.T. within its Municipal
boundaries.
AND WHEREAS Huron - Kinloss 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 Huron - Kinloss as a member conditional upon
it entering into this Agreement. A copy of said Resolution is attached hereto as Schedule "E ".
NOW THEREFORE this Agreement, witness that in consideration of the premises and the
covenant hereinafter contained, the parties hereto agree as follows:
1. Huron - Kinloss shall be admitted as a member of S.M.A.R.T.
Second Amending Agreement dated Merck 19, 2013 Hanover, Arran Elderslie, Brockton, Kincardine.
Page 3 West Grey, Southgate, Saugeen Shores, Huron -
Kin loss & S.M.A.R.T.
2. Huron- Kinloss 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 seven to eight in accordance with paragraph 3.2 of said Agreement.
4. Huron - Kinloss 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, Huron- Kinloss' address for service is 21 Queen
Street, PO Box 130, Ripley, ON NOG 2R0.
6. Huron - Kinloss hereby agrees to be bound by the terms of the Agreement and the First,
Second, Third and Fourth 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 19 day of
March, 2013.
SIGNED, SEALED AND DELIVERED
in the presence of: )
) The Corporation of the �Towwnn of Hanover
Per:
) The C rata' of the Municipality of Arran- Elderslie
P r: /
)
) The Corporation of the Municipality of Brockton
) Per:
)
•
Second Amending Agreement dated March 19, 2013 Hanover, Arran Elderslie, Brockton, Kincardine,
Page 4 West Grey, Southgate. Saugeen Shores, Huron -
Kin loss &S.M.A.R.T.
)
) The Co ration of unic ty of Kirwte - -
L ,
j Per: �__✓ �
)
) The Corporation of the Municipality of
Per:
) The Corpo ation of the Towns Southgate
•
) The Corporation of the Town of Saugeen Shores
Per:
) The Corporation of the Township of Huron - Kinloss
) Per:
) Saugeen Mob I d Regional Transit (S.M.A.R.T.)
) i
) Per: