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HomeMy WebLinkAboutTWP 98 016 Agree-Joint CC/BrTwp . , · · · · 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 That By-Law No. 88-13, which authorized the previous agreement for this facility, be repealed on the date that this new agreement takes effect. 7L /9 day of introduced and read a First time this , 1998. 7é /9 day of /?;J Second time this , 1998.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. 12û'. ,Jç¿~.~A, RK-T.~~- -.... ._ ~ - :/" .~ -: :". - -: ~ : :=:- '"H _ - - ~" -.." - ""'--: ~..... ".". -_.- .~ '.:' ;.. .-. ,,-,- \ :::>.. '~"". -- ....'. ~.. - ~ - - - - - , . . . .... . , - 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. .. , . . , . 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. .... . . , . 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. , , . .. Page 4 of 5 · (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. · 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. · .... . . 4IÞ . . . ~ ,. Page 5 of 5 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 Re~!&·h -'--~ "-1ltilJ~~~'-'~:~~':'~:/' c; ; - . ~:C". .i , Cle~-'lòrea . ,', 7r- .':, '~..-...- - \ -'-¿';;;~.'d'.· V . _ -...... .:....- ,1/#11 Y/ýt9 Date ,#/)N .r/?t9 Date THE CORPORATION OF THE TOWNSHIP OF KINCARDINE -:%i>:··¿.e~ :: ~ev~:. ~-, ~ ~ !~1.i~f ~i,,<-') fl7 / f ~Pfl Dat 'J27 i2 d.mð' D e