HomeMy WebLinkAbout13 094 Kincardine Rotary Club Standard Trust Agreement (Beach Wheelchair) By-law THE CORPORATION OF THE MUNICIPALITY OF KINCARDINE
KBT
• O. AI
'..**04 OF KMCP
BY -LAW
NO. 2013 - 094
BEING A BY -LAW TO ENTER INTO A STANDARD TRUST AGREEMENT
WITH KINCARDINE ROTARY CLUB
WHEREAS the Municipal Act, 2001 Section 8 (1) and 9 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 the Council of the Municipality of Kincardine deems it necessary
to enter into a standard trust agreement with the Kincardine Rotary Club for the
donation of a beach wheelchair;
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 a standard
trust agreement with the Kincardine Rotary Club for the donation of a
beach wheelchair.
2. That the Mayor and Chief Administrative Officer be authorized and directed
to execute, on behalf of The Corporation of the Municipality of Kincardine,
the Agreement with the Kincardine Rotary Club attached hereto as
Schedule `A'.
3. This by -law shall come into full force and effect upon its final passage.
• 4. This by-law may be cited as the "Kincardine Rotary Club Standard Trust
Y Y rY
Agreement (Beach Wheelchair) By -law ".
READ a FIRST and SECOND TIME this 3rd day of July, 2013.
1
I■ 1R
M r Clerk
READ a THIRD TIME and FINALLY PASSED this 3rd day of July, 2013.
yor Clerk
•
This is Schedule "./1_" to By -Law
No. 2c'l0 t4 passed the day
of (7.A( 2013
STANDARD TRUST AGREEMENT
BETWEEN:
THE CORPORATION OF THE MUNICIPALITY OF KINCARDINE
(herein referred to as the Municipality)
AND:
THE KINCARDINE ROTARY CLUB
(herein referred to as the Donor)
WHEREAS the donor has raised funds through licensed gaming events and has
made a donation of an asset to the Municipality;
AND WHEREAS the Municipality agrees to accept and use the described asset;
AND WHEREAS the Municipality agrees that when the asset is disposed of at
the end of it's useful life, that it will return to the donor a share of the sale price
proportionate to the donor's share of the purchase price of the said asset;
NOW THEREFORE, in consideration of this mutual agreement, the parties agree
to the following:
1. That the asset referred to in this agreement is a beach wheelchair valued at
$3225.00.
2. That the donor shall purchase and provide the asset described.
3. That the Municipality shall accept the asset until the end of it's useful life and
shall dispose of the asset in accordance with Municipality policy.
4. That any monies received for the disposal of the asset shall be returned to the
donor proportionate to the donor's share of the purchase price; and the donor
shall deposit any such monies into their lottery trust account.
5. That if the donor is a service club or corporation no longer doing business or
an individual who cannot be found after a reasonable search, the Municipality
shall distribute the funds or equipment to one or more charitable
organizations, with the approval of the Licensing Authority.
IN WITNESS WHEREOF the parties hereto have executed this Agreement
forming part of By -Law No. 2013 - 09 .
SIGNED, SEALED and DELIVERED
in the presence of: ) THE CORPORATION OF THE
MUNICIPALITY OF
KINCARDINE
)
• er:_
) Mayor — Lar' Kraemer
) per: -1/,(<11:—Co-CIL-
) CAO — Murray Clarke
)
)
, „ a..-11,. • ) KIN ARDINE ROTARY CLUB
tness )
`Tune 2 /13 ) ►. .4. % L
Date Je nifer W ite, President