HomeMy WebLinkAboutTIV 86 007 Agree twp blgd arena
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CORPORATION OF THE VILLAGE OF TIVERTON
BY-LAW NUMBER 86-7
Being a By-law to enter into an agreement
with the Township of Bruce and Township of
Kincardine to jointly construct, own,
maintain and operate the Tiverton and District
Arena pursuant to the provisions of the
Community Recreation Centres Act R.S.O. 1980,
Chapter 80, Section 4, on lands within the
boundaries of the Village of Tiverton.
The Council of the Corporation of the Village of Tiverton
HEREIN ENACTS AS FOLLOWS:
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1, That the Reeve and Clerk be and they are hereby authorized on behalf
of the Corporation, to execute an agreement with the Township of
Bruce and the Township of Kincardine, a copy of which is attached
hereto and forms part of this by-law and to affix thereto the
Corporate seal of the village.
2. This by-law is not in effect until approved by the Ontario Municipal
Board.
READ A FIRST, SECOND AND THIRD TIME AND FINALLY PASSED, SIGNED AND SEALED
THIS ((t/; DAY OF ~ 1986.
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B 870012
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Ontario Municipal Board
III 'lIIB MAftJIR OP 8801:iOD 64 of
the ODuzoio lIw1iCif;l JIOUcS Act,
(R.8.0. 1'80, a. 3 .s amended)
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III 'lIIB MATTD or an application
by 'lb. Coq»aratioD of the Vill.,e
of 'IivenoD for an order Apps:ovin,
the enter in, into . proposed
.9r......,t be1:WeD the applicatlon
an4 'the Corpor.tion of the TøwDahip
of BROIl, an4 'the corpor.tlon of
the 'Iownahlp of lt1Dcard1De wlth
reapeœ to the jOint OWMrsh1p,
OOD.tnœion, ..lnteD.Rae an4
oper.tion of the 'Uwrton aneS
Di8trlœ Aren., on laD4. wlthin
the bOan4"rle. of the Villa,e of
'IlftJ:ton for. peri04 of five year.,
teÞ1Dat1D9 in the year un, and
the 418burs8ll8Dt of ... of BIOD8y
payable t:hereUD4er, all in
.cøorðaDce wlth such propoaeeS
.'~Dt .~ft'I'W94 hereto ..
8ohe4u1a -A-
BBrORBI
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'lbursday, the 2'th day
of January, 1'87
D.W. JaDDLBTO.
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'1'l1lI BOARP ORDJUUI th.t thls application be granted an4 that the
.pplicant _y 8Dtar into such avn__t, ps:ov14eð that the
COuncil of the .pplicant corporation in exarci8in, any power
approved by th1. ordar shall COIIply and confon with all
.tatutory and other le,al requir..ents related thereto, and
. further ps:ov14eð th.t DO coutruct1on .hall C--1"'1_ until an
order of thi8 JIOUd 18 sought.
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. 870012
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Ontario
Ontario Municipal Board
ICIIBDOLJI -A-
to the ordar of the ODta:r:10 JlUDic1pal Boar4
M4e on the Uth day of JaNPr'Y. lP'7
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A copy of the proposed avre..ent to be entered into by 'lbe
Corporation of the Villa,e of 'I1vertoD w1th 'fhe C:orpont1on
of the 'fo1m8h1p of Bruae an4 'the Corporation of the 'IOWD8hip
of ltincuð1De.
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TIVERTON AND DISTRICT ARENA
CONSTRUCTION AND OPERATIONAL AGREEMENT
TillS AGREEMENT, made this
day of
, 1986,
IIETWEEN
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TilE CORPORATION OF TilE VILLAGE OF TlVERTON
lIerelna[ter called the
PARTY OF" TilE nRST PART
TilE CORPORATION OF TilE TOWNSIIIP OF BRUCE
lIereina[ter called the
PARTY OF TilE SECOND PART
TilE CORPORAtiON OF TilE TOWNSIIlP OF KINCARDINE
lIereina[ter called the
rARTY OF TilE TIIlRD rART
. Whereas the Parties, hereto, are desirous of jointly constructinR.
owning, maintaining, and operating the Tivertnn and District Aren~
pursuant to the provisions of the Community Recreation Centres Act
R.S.O. 1980, Chapter 80, Section 4, on lands within the boundaries
of the Village o[ Tiverton.
NOW 'I'IIEIlEFORE TillS AGREEMf.NT WlTNESSETII TIIAT in consideration of
mutual convenants and conditions hereinafter contained and subject
to the terms and conditions hereinafter set forth, the parties
hereto whlch are from time to time referred to as Municipalities
or indivldually asmunicipallty agree to as follows:
1. That the Committee of tlanagement (hereinafter called
'The Committee') is hereby established and shall be
appointed by the Councils of the participating munici-
palities and shall be composed of as follows:
(a) two members of the Counci I of the Corporation of
the Village of Tiverton
(b) two members of the Council of the Corporation of
the Township of Bruce
(c) two members of the Counc it of the Corporation of
the Township or Kincardine
(d) one representative [rom the Tiverton District Minor
Sports Association
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In the event any of the above represent at ives are unable
to attend, their Councilor Minor Sports, respectively,
may appoint an alternate.
2. The Clerk or the Clerk's assistant of the VillaRe of
Tlverton sha 11 be the Commit tee Secretary-Treasurer.
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3. The ConDittee shall be responsible [or the following matters.
(a) The said committee shall be responsible [or aJ 1
policies, rules, and regulAtions relating to the
administration of the Arena.
(b) The said committee shall hold regular monthly
meetings.
(c) The said committee shall elect a chairman and vice-
c!,airman annually from among it~ members at its
regular meeting in the month of December.
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(d) On or before the [I[teeth day o[ January of each
yeAr, the said committee shall submit to each municipal
treasurer [or audit a statement o[ its [inancial aCCairs
[or the preceding calendar year.
(e) On or be [ore the first day of February, the said
committee shall submit and interpret to each municipal
council, a detailed estimate o[ its budget [or the
upcoming year.
([) The said committee may incur expenditures to the extent
provided in the annual unanimously approved budget. An
over run must be approved by all Councils.
(g) The sa Id committee may prescribe fees for admittance to
any part of the Arena.
(h)' The said committee may appoint recreation workers full-
time and shall be responsible for assigning the duties
and responsibiliti..s o[ such employees while In the
arena. The committee may appoint part-t ime villnge
employees to work in the arena but the village has
priority in emergency situations and for holiday relle[.
The committee would not pay salaries and hene[its le.s
than what the village is paying. The village has final
say on d..cisions to hire and fire.
(I) All decisions o[ the Committee shall be carried by a
simple m"Jority o[ the total committee members. Four(4)
members shall constitute a quorum o[ the committee.
4. The funding Cor the acquisition of land and contruction of
the proposed arena will be as follows:
1/3 o[ cost by public subscription
1/3 of cost by government grant
U the above two thirds are achieved, then the municipalities
will equally share the remaining third.
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The maximum amount to be shared by the munIcipalities will not
exceed $))3,000.00--1
The land th.. arena will sit upon, will be owned by all three
municipalities.
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All operational and capital costs of the Arena ror each
calendar year sh,dl be shared equally amongst the parties
of this agreement.
The Capital Costs herein referred to are those In exceSS
of $2500.00 Incurred after the rroposed Arena has been
built and paid ror.
Each party to this agreement shall therefore p"y one
third (1/3) of all operational and capital costs associ-
ated with the Arena. ,
Any surplus after expenditures shall be applied to the
following years expenditures.
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(b) Municipal allocations are due qUllrterly to the cOlJ1l1\lltee
~nd will be based on one quarter (1/4) o( the IInnual levy.
(c) After completion o( the aren", this agreement and a(ore-
mentioned funding (ormula may be reviewed once a year upon
written notice to the other parties to this agreement.
6. The Committee Secretary-Treasurer shall mlllntllin proper
accounting records in which are set out all (inanclal and
other transactions relative to the operation of the Arena,
including, without limiting the generality of the (oregolng
records relative to the operation of the Arena as (ollows:
(a) all the sums o( money received and disbursed by the
cOlJ1l1\ittee and the matters with which the receipts and
disbursements took place;
(b) all sales and purchases by the COlJ1l1\lttee;
(c) all assets and liabilities of the Conwnlttee;
(d) all other transactions affecting the flnancl"l
position o( the Committee.
7. Any member o( the Committee, on giving reasonabl.. notice
to the Secretary-Treasurer shall hllve access to the books
of account (rom time to time for his review of the records.
8. The Secretary-Treasurer shall provide the COlJ1l1\iUee with
copies o( minutes of all meetings and monthly (Inanclal
statements of revenue and expenses.
9. This "grerment shllll ennre to the benefit o( "nd be blndl..g
upon tile p~rties 11ereto, their successors and a~5igns r~sp~c-
tively and shall not b.. revoked, altered or am..nd..d without
the cons....t In writing of the Councils of all parties to this
agreement.
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10. In th.. ev....t that mutual consent or approv"l cannot be obt.1lned
on any matter or provision thllt requires same, as provld,.d,
herein, the provisions o( the Arbitrations Act R.S.O. 1980,
Chapter 25, as amended, shall apply (or the "ppointme..t of "
singie arbitrator who shall determine the matter and whose
decision måy be appealed.
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And whereas the parties hereto agree that any disagreement
arising out of this agreement shall be referred to and determined
by The Ontario Municipal Bo;nd pursuant to Paragraph 208(9) of
The Municipal Act, R.S.O. 1980, Chapter 302.
11. 1'his agreement shall be effective on the 1st day of
'January, 19 . until the 31st day of December, 19
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TilE ~IUNIClPAL CORPORATION OF TilE
Vl~LAGE OF TIVERTON
PER
TilE' MUNICIPAL CORPORATION OF TilE
TOWNSIIIP OF BRUCE
PER
TIIF. ~IUNIClPAI, CORPORATION OF TilE
TOWNSIIIP OF KINCARDINE
PER
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ADDENDUM to the Agreement dated the 11th day of November 1986
ij Between:
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'I THE CORPORATION OF THE VILLAGE OF TIVERTON
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THE CORPORATION OF THE TOWNSHIP OF BRUCE
and
THE CORPORATION OF THE TOWNSHIP OF KINCARDINE
Each Municipality shall bear one-third of the cost of constructing a roadway
providing services to the arena complex including but not limiting the generality
of the foregoing storm and sanitary sewers, electrical cable, telephone cable,
water pipes and street lights. In all other respects the parties hereto confirm
the preceding agreement dated the 11th day of November, 1986.
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THE CORPORATION OF THE VLLLAGE ~ TIVERfô~
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THE CORPORATION OF THE
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TOWNSHI~'ØF~~RUCE
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Clerk
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THE CORPORATION OF THE TowNSHIr OF,KINCARDINE
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TIVERTON AND DISTRICT ARENA
CONSTRUCTION AND OPERATIONAL AGREEMENT
THIS AGREEMENT, made this /let day of d.Je.mb~r
BETWEEN
, 1986
THE CORPORATION OF THE VILLAGE OF TIVERTON
Hereinafter called the
PARTY OF THE FIRST PART
THE CORPORATION OF THE TOWNSHIP OF BRUCE
Hereinafter ca lIed the
PARTY OF THE SECOND PART
THE CORPORATION OF THE TOWNSHIP OF KINCARDINE
Hereinafter called the
PARTY OF THE THIRD PART
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II Whereas the Parties, hereto, are desirous of jointly constructing, owning,
III maintaining, and operating the Tiverton and District Arena pursuant to the
. provisions of the Community Recreation Centres Act R.S.O. 1980, Chapter 80,
Section 4, on lands within the boundaries of the Village of Tiverton.
NOW THEREFORE THIS AGREEMENT WITNESSETH THAT in consideration of mutual
convenants and conditions hereinafter contained and subject to the terms and
conditions hereinafter set forth, the parties hereto which are from time to
time referred to as Municipalities or individually as municipality agree to
as follows:
1. That the Committee of Management (hereinafter called 'The Committee') is
hereby established and shall be appointed by the Councils of the partici-
pating municipalities and shall be composed of as follows:
(a) two members of the Council of the Corporation of the
Village of Tiverton
(b) two members of the Council of the Corporation of the
Township of Bruce
(c) two members of the Council of the Corporation of the
Township of Kincardine
(d) one representative from the Tiverton District Minor Sports
Association
In the event any of the above representatives are unable to attend,
their Councilor Minor Sports, respectively, may appoint an alternate.
2. The Clerk or the Clerk's assistant of the Village of Tiverton shall be
the Committee Secretary-Treasurer.
3. The Committee shall be responsible for the following matters:
(a) The said committee shall be responsible for all policies, rules,
and regulations relating to the administration of the Arena.
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(b) The said committee shall hold regular monthly meetings.
(c) The said committee shall elect a chairman and vice-chairman
annually from among its members at its regular meeting in the
month of December.
(d) On or before the fifteenth day of January of each year, the said
committee shall submit to each municipal treasurer for audit a
statement of its financial affairs for the preceding calendar year.
(e) On or before the first day of February, the said committee shall
submit and interpret to each municipal council, a detailed estimate
of its budget for the upcoming year.
(f) The said committee may incur expenditures to the extent provided
in the annual unanimously approved budget. An over run must be
approved by all Councils.
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(g) The said committee may prescribe fees for admittance to any part of the
arena.
(h) The said committee may appoint recreation workers full-time and shall
be responsible for assigning the duties and responsibilities of such
employees while in the arena. The committee may appoint part-time
village employees to work in the arena but the village has priority
in emergency situations and for holiday relief. The committee would
not pay salaries and benefits less than what the village is paying. The
village has final say on decisions to hire and fire these part-time
employees.
,
(i) All decisions of the Committee shall be carried by a simple majority
of the total committee members. Four (4) members shall constitute a
quorum of the committee.
4. The funding for the acquisition of land and construction of the proposed
arena will be as follows:
1/3 of cost by public subscription.
1/3 of cost by government grant.
If the above two thirds are achieved, then the municipalities will
equally share the remaining third.
The maximum amount to be shared by the municipalities will not exceed
$333,000.00.
The land the arena will sit upon, will be jointly owned by all three
municipalities.
5. (a) All operational and capital costs of the Arena for each calendar
year shall be shared equally amongst the parties of this agreement.
The Capital Costs herein referred to are those in excess of
$2,500.00 incurred after the Proposed Arena has been built and paid
for.
Each party to this agreement shall therefore pay one third (1/3) of
all operational and capital costs associated with the Arena.
Any surplus after expenditures shall be applied to the following
years expenditures.
(b) Municipal allocations are due quarterly to the committee and will
be based on one quarter (1/4) of the annual levy.
(c) After completion of construction of the arena, this agreement and
aforementioned funding formula may be reviewed every five years,
at the request of any party to this agreement, upon written notice
to the other parties of this agreement.
6. The Committee Secretary-Treasurer shall maintain proper accounting
records in which are set out all financial and other transactions
relative to the operation of the Arena, including, without limiting
the generality of the foregoing records relative to the operation of
the Arena as follows:
.
(a) all the sums of money received and disbursed by the committee
and the matte~s with which the receipts and disbursements took
place;
(b) all sales and purchases by the Committee;
(c) all assets and liabilities of the Committee;
(d) all other transactions affecting the financial position of the
Committee;
7. Any member of the Committee, on giving reasonable notice to the
Secretary-Treasurer shall have access to the books of account from time
to time for his review of the records.
8. The Secretary-Treasurer shall provide the Committee with copies of minutes
of all meetings and monthly financial statements of revenue and expenses.
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9.
This agreement shall enure to the benefit of and be binding upon the
parties hereto, their successors and assigns respectively and shall
not be revoked, altered or amended without the consent in writing of
the Councils of all parties to this agreement.
10.
In the event that mutual consent or approval cannot be obtained on
any matter or provision that requires same, as provided, herein, the
provisions of the Arbitrations Act R.S.O. 1980, Chapter 25, as amended
shall apply for the appointment of a single arbitrator who shall
determine the matter and whose decision may be appealed.
And whereas the parties hereto agree that any disagreement ar>s>ng out
of this agreement shall be referred to and determined by The Ontario
Municipal Board pursuant to Paragraph 208(9) of The Municipal Act,
R.S.O. 1980, Chapter 302.
11. This agreement shall be effective on the IttL day of f7~1986.
THE MUNICIPAL CORPORATION OF THE
VILLAGE OF TIVERTON
PER
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THE MUNICIPAL CORPORATION OF THE
TOWNSHIP OF BRUCE
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Clerk
THE MUNICIPAL CORPORATION OF THE
TOWNSHIP OF KINCARDINE
November 3, 1986.
PER
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