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HomeMy WebLinkAboutTWP 98 017 Agree-Joint Fire/BrT ,-,-""" . . THE CORPORATION OF THE TOWNSHIP OF KINCARDINE By-Law 98-17 · 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 the purpose of providing for the joint management and operation of a Fire Department upon such terms as may be agreed upon. ow 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 That By-Law No. 91-47, which authorized the previous agreement for this facility, be repealed on the date that this new agreement takes effect. introduced and read a First time this , 1998. Second time this /91i day of ~, 1998. y-law read a Third time ~d finally pa sed, Signe~ sealed, and umbered 98-17 this /9 day of , 1998. tI;- 19 day of · i;ø-,~"/~ ~Jft,é CL -TREASURER' , '. , -' ___h.___ ----_._.. . .s e. J../ £,DU L-/Ç 'Ii" . I I ¡;¡ J J J 1 1 ~ ~ ~ U) U) U) U) U) g ¡g g ~ ~ - - N I I I " 51. " , 21h Cone . s oth Cone ScaU Point Ih Cone Ih Cone - -. ~+ -- - .. Ih Cone -- - .. - .- .- nd Cone Me Rea Point h Cone . i ~ ~ TIVERTON FIRE DEPARTMENT SERVICE AREA . Bruce Township/ Tiverton . Kincardine TownshilL . , !I' '"". ' . · · · \ · SCHEDULE 'B' ASSESSMENT AS PER FIRE AREA TOWNSHIP OF BRUCE Public Residential Separate Residential Public Commercial Separate commercial Public Business Separate Business No Support Exempt No Grant No Support Grant Part Public - Grant Full TOWNSHIP OF KINCARDINE Public Residential Separate Residential Public Commercial Public Residential Grant No Support Exempt No Grant publi c Business Public Business Grant No Support Grant Part " , 17,694,446 1,295,250 585,389 21,115 232,435 7,670 944,150 3,400 2,600 13,520,560 604,280 176,300 14,950 146,000 62,450 1,050 3,000 20,786,455 . 14,528,590 . , , . . , . FIRE PROTECTION AGREEMENT THIS AGREEMENT made this /j7?L day of ~ A.D. 1998. BET WEE N: THE CORPORATION OF THE TOWNSHIP OF KINCARDINE (Hereinafter called "~incardine") OF THE FIST PART and THE CORPORATION OF THE TOWNSHIP OF BRUCE (Hereinafter called "Bruce") OF THE SECOND PART WHEREAS, Section 207(5) and section 210(31) of The Municipal Act, R.S.O. 1990, Chapter M.45, provide that by-laws may be passed by Councils of municipalities for entering into agreements with one or more municipalities to provide for the joint management and operation of a fire department upon such terms as may be agreed upon; AND WHEREAS, the parties hereto have in the past agreed to establ ish, maintain and operate a fire department known as the Tiverton and District Fire Department; NOW THEREFORE THIS AGREEMENT witnesseth that in consideration of the mutual covenants contained herein, the parties agree as follows: 1. AREA The parties agree that they shall maintain and operate a Fire Department known as the Tiverton and District Fire Department (hereinafter called the "Fire Department") which shall serve the fire protection area more particularly described in Schedule "A", attached hereto, and forming part of this Agreement. " 2. JOINT BOARD OF MANAGEMENT (a) A joint Board of Management composed of two (2) members of Council from each of Kincardine and Bruce, (hereinafter in this agreement call ed the "Board") shall manage and operate the Tiverton and District Fire Department. (b) The Joint Board of Management to be called the Tiverton & District Fire Department Joint Board of Management. , . . , . .' . 2 (c) The Board shall elect yearly, at its inaugural meeting, from its members a chairman, and a vice chairman from the other municipality. The chairman shall be empowered to call a meeting when necessary. The vice-chair shall be empowered to call a meeting in the absence of the chair. The Board shall appoin~ a secretary who shall reçord the minutes. (d) The treasurer of the board shall be the Treasurer of the municipality having the larger assessment. (e) There shall be one meeting of the Board each month or at the call of the chairman. (f) A quorum to consist of three voting members. (g) 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. (h) without limiting the generality of ~ub-paragraph (1) of this paragraph the Board shall have the following powers and duties: (i) The Board shall be empowered to attend to payment of all accounts relating to the Fire Department. (ii) It shall be the duty of the Board to approve all accounts relating to the Fire Department prior to the payment of such accounts, and upon such accounts being approved by the Board, the treasurer shall have the authority to pay such accounts. . (iii) The Board shall prepare an annual budget which shall be presented to the Councils of each of the parties, hereto, on or before the 1st day of March in each year. The budget shall not be deemed to be accepted until approved by the Councils of each of the parties hereto. (iv) The Board shall be responsible for providing adequate facilities to accommodate the 'fire apparatus and equipment and adequate facilities for the day to day operation of the Fire Department. '- r , . . , . 3 (v) The Board shall pay the wages of the firefighters on a quarterly basis. 3. EXISTING EOUIPMENT It is understood and agreed by both of the parties hereto that the existing equipment inêl uding Fi re Department land and building is owned by the municipalities in sh&res as determined by the percentage formula in paragraph 4(a) of this agreement. 4. SHARING OF COSTS The parties agree that both shall contribute funds to pay for the operating and capital costs of the Fire Department upon the following basis: (a) Annually starting January 1st, 1998, the contribution of each of the parties to the operating costs shall be reviewed based on the following formula: Assessment of the Individual Municipality X Total Assessment of Two Municipalities Operating Costs In the event the annual review does not occur, the last approved formula will continue in effect until the next review. (b) For the purposes of sub-paragraph (a) of this paragraph "assessment" shall mean the market value assessment, as established by and under The Assessment Act and in addition thereto, there shall be added the following figures for assessment on public or institutional buildings, located within the Townships which are not otherwise assessed under the said Assessment Act, and which buildings together with their amounts are set out in Schedule "B" attached hereto and forming part of this Agreement. The Bruce Nuclear Power Development assessment is not included. In the case of the Township of Bruce and the Township of Kincardine assessment shall only refer to the assessment for the area within their respective municipalities affected by this fire agreement, as shown on Schedule "A" attached hereto. (d) In this agreement, "operating costs" shall be the actual operating costs of the Fire Department which are provided for in the annual budget including capital expenditures provided for in the budget but excluding wages paid to ~ .i , . . , . 4 firefighters while they are actually firefighting and which are billed to the under paragraph 5 of this agreement. engaged in municipality 5. In addition to the aforesaid, the parties agree that both shall pay the actual wages' payable to the firefighters for attending emergency calls within their respective municipal boundaries. For the purpose of clarification the said "wages" are the wages actually paid to the firefighters while engaged from the time they leave the said Fire Hall until the time they return to the said Fire Hall, and the apparatus and equipment is placed back in service. 6. DATES OF PAYMENT The parties hereto agree that operating costs will be billed by the Board to Kincardine and Bruce on a quarterly calendar year basis and will be payabl e forthwith after receipt of bill. The parties hereto further agree that amounts due under paragraph 5 of this Agreement will be billed by the Board to Kincardine and Bruce on the first days of January, Apri 1, July, and October in each year or as soon thereafter as is practicable and these amounts will be payable forthwith after receipt of the bill. 7. ADDITIONAL COSTS The parties agree that in the event that the Fire Department proposes to incur capital expenditures, maintenance costs or other operating costs which are not provided for in the annual budget, then these additional costs shall be first approved by the Councils of both of the parties hereto and these additional costs shall be contributed to on the same basis as the parties contribute to the operating costs pursuant to Paragraph 4 of this Agreement. " 8. SPECIALIZED EOUIPMENT The parties hereto shall not be bound to provide any special or specific equipment required by one municipality. 9. AUTHORITY OF FIRE DEPARTMENT Both parties to this agreement shall give such authority as may be necessary to the members of the Tiverton Fire Department in all matters pertaining to fire protection during the active performance of their duties. '- .' , 5 10. EMERGENCY CALLS . The Fire Department shall endeavour to attend as soon as possibl e at all emergency call s from areas of the parties hereto, with all necessary equipment and such number of members of the Fire Department as deemed necessary, at the discretion of the Chief, Deputy Chief or Officer-in-Charge. 11. INDEMNIFICATION The parties hereto shall save harmless and keep indemnified the members of the Fire Department from all actions, causes of action, damages, and claims arising out of the performance or non-performance of the services provided for herein except in the case of gross negligence. 12. DURATION . This Agreement shall continue in force until another Agreement is made. 13. In the event that either party hereto wishes to withdraw from the Fire Department and the Board, it may do so at any time after January lst, 1998, provided that it has given twenty- four months prior written notice to the other party. t 14. In the event that this Agreement is terminated pursuant to Paragraph 13, hereof, the parties shall divide or distribute the assets of the Fire Department and in the event that the parties fail to agree on a method of division or distribution of the assets, then the matter shall be submitted for arbitration pursuant to paragraph 16 hereof. l5. In the event that one party withdraws from the Agreement pursuant to Paragraph 13, hereof, then the assets of the Fire Department shall belong to the remaining party who shall pay to the wi thdrawing party such compensation for its interest in " the assets as the parties may agree on. . l6. All matters in difference between the parties, hereto, shall be referred to the Judge of the County Court of the County of Bruce for determination as the sole arbitrator pursuant to The Arbitrations Act, R.S.O. 1990, Chapter A.24. The determination of the Judge of the County Court of the County of Bruce shall be binding upon the parties hereto. Without limiting the generality of the foregoing, any dispute involving the respective contributions of the parties pursuant to Paragraph 4, hereof, or any disagreement as to the annual . , . 6 budget of the Fire Department, or by the Fire Department tþ pursuant to Paragraph 7, hereof, may be referred to arbitration by any party, hereto, pursuant to the provision and the determination of the Judge of the County Court shall be binding upon all parties hereto. l7. The parties hereto agree that they shall pass all neœessary by-laws to give full force and effect to this Agreement. 18. SEVERABILITY In the event that any covenant, provision or term of this Agreement should at any time be held by a competent tribunal to be void or unenforceable, then the Agreement shall not fail but the covenant, provision or term shall be deemed to be severable from the remainder of this Agreement which shall . remain and continue in full force and effect mutatis mutandis. 19. GOVERNING LAW This agreement shall be construed in accordance with the Laws of Ontario. IN WITNESS WHEREOF the said parties hereto have hereunto affixed their corporate seals under the hands of their proper signing officers duly authorized in that behalf. I9f /"-~r te) THE CORPORATION OF THE TOWNSHIP KINCZ ¿~ 1é' R~E r:;; ~ fiØ<J<'~A~' C RK '. " OF , ", ---:..- - d .' =- -... '. h:-. _: ..h~.::: ~~ ~ , '- -.' "'" ;?#N-š/ff5 (Date) THE CORPORATION OF THE BRUCE ~~.I~. REEVE~ ' '...-.~-.::::;~::.~ ,'. '. ~.:.. f;: '. .:',. ~,-," - -- ~ -::~- :.::¿ CLERK - ./ ' ~ _. ..::.,>_/, -:/~-- -::-~~~3 TOWNSIÜP''o"i .' ,". ~ _ v~ ~. -: , :.. - ,_,' . "" .- -. < ~:g -'.-.-. -<>~>~=-- ---~~~-:~:-.> -~!/ - >.- . --.-..-._._-~.....