HomeMy WebLinkAboutTWP 98 016 Agree-Joint CC/BrTwp
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THE CORPORATION OF THE
TOWNSHIP OF KINCARDINE
By-Law 98-16
Being a By-Law To authorize the entering into an agreement
between The Corporation of the Township of Kincardine and The
Corporation of the Township of Bruce for operating a Community
Recreation Centre under the provisions of The Community
Recreation Centres Act, R.S.O. 1990, Chapter C.22, and
regulations made thereunder.
NOW THEREFORE the Council of the Corporation of the Township of
Kincardine enacts as follows:
1.
That The Corporation of the Township of Kincardine do enter
into the agreement with The Corporation of the Township of
Bruce, which forms part of this by-law and a copy of which
is hereto annexed.
2. That the Reeve and Clerk of The Corporation of the Township
of Kincardine are hereby authorized to execute the said
agreement on behalf of the Township by affixing their
signatures, the signing date, and the Corporate Seal of The
Corporation of the Township of Kincardine thereto and to
deliver the agreement so executed to The Corporation of the
Township of Bruce.
3. This by-law shall come into force and be effective upon
receipt by The Corporation of the Township of Kincardine of
one copy of the said agreement duly executed by The
Corporation of the Township of Bruce.
4.
And finally, when the receipt in Paragraph No. 3 is
complete that this receipt date be added to the
introductory sentence to the agreement, as the date of the
agreement.
5.
That this new agreement be effective upon date of passing.
6.
That By-Law No. 88-13, which authorized the previous
agreement for this facility, be repealed on the date that
this new agreement takes effect.
7L
/9 day of
introduced and read a First time this
, 1998.
7é
/9 day of
/?;J
Second time this
, 1998.
y-law read a Third time ~d finally passed, signed, sealed, and
umbered 98-1' this /,1 day of /7)7 ,1998.
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THIS AGREEMENT, made this
/9tL
day Of~1 1998
BETWEEN
CORPORATION OF THE TOWNSHIP OF BRUCE
Hereinafter called the
PARTY OF THE FIRST PART
AND
THE CORPORATION OF THE TOWNSHIP OF KINCARDINE
Hereinafter called the
PARTY OF THE SECOND PART
WHEREAS the parties hereto are desirous of jointly
constructing and subsequently operating a community
recreation centre under the provisions of The Community
Recreation Centres Act, R.S.O. 1990, Chapter C22, and
Regulations made thereunder.
NOW THEREFORE WITNESSETH that in consideration of the
mutual covenants and considerations hereinafter contained and
subject to the terms and conditions hereinafter set forth,
the parties hereto agree as follows:
AND WHEREAS for the purpose of this by-law the following
words will have this meaning:
Participatinq Municipalities shall mean - Township of Bruce
and Township of Kincardine.
Quorum shall mean - three (3) voting members and of which one
must be from 1 (a) and one from 1 (b)
1.
That a Committee of Management hereafter called the
"Tiverton and District Sports Centre Committee
Management (hereinafter for the purposes of this
agreement called, "The committee") is hereby established
to manage the use and operation of a District Community
Recreation Centre, to be known as the Tiverton and
District Sports Centre (hereinafter for the purposes of
this agreement called the "Sports Centre"). The
Committee shall be appointed annually as follows:
(a) Two members of the Council of the Township of Bruce
as designated by the Township Council to always have
two votes each, for a total of four votes.
(b) Two members of the Council of the Township of
Kincardine as designated by the Township Council to
always have one vote each, for a total of two votes.
(c) One member designated by the Tiverton District Minor
Sports Association, to always have one vote, 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.
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Page 2 of 5
(d) The above members will be the only voting members of
the Committee.
2.
That the Committee shall annually elect a Chairman and
Vice-Chairman from among its members.
3. That the Committee shall appoint a Secretary who will be
from Bruce or Kincardine Township. The Treasurer shall
be the Municipal Treasurer of the larger financial
contributing and participating municipality. The
Auditor for the municipality employing the Committee's
Treasurer shall audit the accounts of the Committee and
shall submit copies of the annual statements and a
report to the Committee.
4. That the authority, duties and responsibilities of the
Committee shall be as follows:
(a) To hold regular meetings or 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 maintenance of the
Sports Centre at such rates as are in accordance
with the estimates as approved annually by the
participating municipalities.
(c) To determine the duties and responsibilities 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 participating
municipalities to this Agreement.
(e) To establish programs for use for the Sports Centre
and to set rates and fees 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 those assigned responsibility for the day
to day operation and management of the Sports
Centre in the interpretation and application of
policies, rules and regulations as established by
the Committee.
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Page 3 of 5
(i) To ensure that proper tendering and purchasing
procedures are followed for the acquisition of
equipment, goods and services.
(j) To ensure that proper records are kept, where
practical, 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 of 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 the council of each participating
municipality receive copies of the minutes of all
the Committee 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 municipality immediately following
review of the statement by the Committee.
(0) To submit an annual report to the Council of the
participating municipalities 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.
5. The annual operating deficits or surpluses resulting
from the use and operation of the Sports Centre shall be
shared by the parties to this Agreement on the following
basis:
Township of Bruce
Township of Kincardine
Total
66 2/3 %
33 1/3 %
100 %
6. The cost of all future capital additions, replacements or
improvements shall be shared accordingly to the above
formula 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.
7. (a) Both participating municipalities shall pay to the
Treasurer of the Committee four payments toward its
share of the cost of any estimated deficit for the
current year. Such payments shall be upon receipt
of an invoice 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.
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Page 4 of 5
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(b) Both parties 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.
8. All decisions of the Board shall be passed by a weighted
vote in that the members from Bruce Township have two
votes each, and Kincardine Township members have one
vote each.
9. A person shall not be appointed or reappointed to the
Committee for more than nine years without an
intervening absence of at least one year.
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10. Appointments of councillors to the Committee and
replacement appointments for any reason are the
exclusive right of the councils of the respective
participating municipalities. The council of a
municipality may designate other members of the council
to act as alternative representatives to attend meetings
of the Committee in the absence 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 in the absence of the appointed member. Such
alternates shall have full voting privileges. The
Committee must receive a writing notice from the Minor
Sports President advising of the appointed delegate and
alternate after the annual election of the Tiverton and
District Minor Sports Executive.
11. 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
project for either operating or capital projects.
12. The Committee may establish and continue a Reserve Fund
in accordance with the provision of section 163 of the
Municipal Act, R.S.O. 1990, Chapter 45 as amended,
through provision in its annual estimates. Any Reserve
4IÞ Fund shall be in the care and custody of the Treasurer.
13. The basis upon which costs are shared under the
provision of the Agreement shall be reviewed by the
parties hereto every five years or more frequently as
all of the parties shall mutually agree upon. The first
required review shall be during the year 2003. Any
change in the formulas for cost sharing must be with the
consent of all parties and will be effective on the
first of January of the next following year.
14. 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 from 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.
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15. Any dispute, controversy or stalemate arising out of the
provisions of the Agreement, interpretation thereof or
in negotiations for a renewal agreement shall be
determined by the Ontario Municipal Board as sole
arbitrator pursuant to the provisions of Chapter Section
of the Municipal Act, R.S.O. 1990, 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 WITNESS WHEREOF the parties hereto have hereunder
affixed their Corporate Seals and the signatures of their
respective officers.
THE CORPORATION OF THE TOWNSHIP OF BRUCE
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