HomeMy WebLinkAbout14 118 S.M.A.R.T. Saugeen Mobility and Regional Transit Corporation Agreement (2014) By-law THE CORPORATION OF THE MUNICIPALITY OF KINCARDINE
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,44 ' 0, 1LITY OF KM,
BY -LAW
NO. 2014 -118
BEING A BY -LAW TO ENTER INTO AN AGREEMENT WITH SAUGEEN
MOBILITY AND REGIONAL TRANSIT CORPORATION (S.M.A.R.T.)
WHEREAS pursuant to the Municipal Act, 2001, S.O. 2001, c.25 as amended
Section 69 (2) authorizes a municipality to establish, operate and maintain a type
of passenger transportation system;
• AND WHEREAS Section 69 (2)(b) of the Municipal Act, 2001 authorizes a
municipality to enter into an agreement granting a person the exclusive or non-
exclusive right to establish, operate and maintain all or any type of a passenger
transportation system within the municipality;
AND WHEREAS Section 8(1) and 9 of the Municipal Act, 2001, S.O. 2001, c.25
as amended, 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 Saugeen Mobility and Regional Transit operates a Disability
Transportation System;
AND WHEREAS the Municipality of Kincardine entered into an agreement with
Saugeen Mobility and Regional Transit by way of By -law No. 2011 — 023;
• AND WHEREAS on the 4 day of July, 2014 all parties reviewed the agreement
and wished to enter into a consolidated agreement which would encompass the
previous amending agreements approved by By -law No. 2011 -094, By -law No.
2012 -072, By -law No. 2012 -129, By -law No. 2013 -044, and By -law No. 2013-
111;
AND WHEREAS the Council of The Corporation of the Municipality of Kincardine
deems it advisable to enter into an agreement with Saugeen Mobility and
Regional Transit;
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 an
agreement with Saugeen Mobility and Regional Transit made the 4th day of
July, 2014 and attached hereto as Schedule "A ";
2. That the Mayor and Chief Administrative Officer be authorized and directed to
execute, on behalf of the Council of The Corporation of the Municipality of
Kincardine, the amending agreements with Saugeen Mobility and Regional
Transit attached hereto as Schedule "A ".
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Page 2
S.M.A.R.T. Corporation Agreement (2014) By -law
By -law No. 2014 - 118
3. This By -law shall come into full force and effect upon its passage.
• 4. This By -law may be cited as the "S.M.A.R.T. Corporation Agreement (2014)
By -law ".
READ a FIRST and SECOND TIME this 3rd day of September, 2014.
REA - THIRD TI►■ and INALLY PASSED this 3 day of September, 2014.
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•�► - f `fQ.P
ayor Clerk
•
•
This is Schedule " A " to By -Law
N ?14 -11$ bossed the - 3 day
of . plem} ' 20/4
THIS AMENDING AGREEMENT made this 4th day of July, 2014
BETWEEN:
THE CORPORATION OF THE TOWN OF HANOVER
Hereinafter called "Hanover"
- and -
THE CORPORATION OF THE MUNICIPALITY OF ARRAN - ELDERSLIE
Hereinafter called "Arran - Elderslie"
-and -
THE CORPORATION OF THE MUNICIPALITY OF BROCKTON
Hereinafter called "Brockton"
-and -
THE CORPORATION OF THE MUNICIPALITY OF KINCARDINE
Hereinafter called "Kincardine"
-and -
THE CORPORATION OF THE MUNICIPALITY OF WEST GREY
Hereinafter called "West Grey"
-and -
THE CORPORATION OF THE TOWNSHIP OF SOUTHGATE
Hereinafter called "Southgate"
-and -
THE CORPORATION OF THE TOWNSHIP OF HURON- HINLOSS
Hereinafter called "Huron - Kinloss"
-and-
5
Page 2 of 4
THE CORPORATION OF THE TOWN OF SAUGEEN SHORES
Hereinafter called "Saugeen Shores"
-and -
SAUGEEN MOBILITY AND REGIONAL TRANSIT (S.M.A.R.T.)
Hereinafter called "S.M.A.R.T"
WHEREAS Section 69 of the Municipal Act, S.O. 2001, c.25, as amended, authorizes
Municipalities to operate transportation systems;
AND WHEREAS Section 20 of the Municipal Act, authorizes two or more Municipalities to enter
into an Agreement to jointly provide for their joint benefit any matter which all have power to
provide within their own boundaries;
AND WHEREAS the parties hereto entered into an Agreement dated April 12 2013 and wish to
amend the term thereof;
NOW THEREFORE this Agreement witness that in consideration of the premise, the sum of $1.00
paid by each of the parties to the other and other good and valuable consideration, the receipt and
sufficiency of which is hereby acknowledged, the parties hereto agree as follows:
1. Paragraph 6.2 of the Agreement the parties entered into on the 12 day of April, 2013, is
amended by deleting the same and substituting therefore the following:
"6.2 The Host Municipality shall be compensated for its administrative costs
associated with its responsibilities set out in paragraph 6.1 above based upon the
greater of 1% of the yearly Provincial Gas Tax allotment received by S.M.A.R.T. or
$5,000.00"
2. Save and except as set out above, the parties hereto confirm and ratify the Agreement they
entered into on the 12 day of April, 2013.
Page 3 of 4
IN WITNESS WHEREOF the parties hereto have affixed their corporate seals attested by their
authorized officers in that behalf.
SIGNED, SEALED AND DELIVERED
in the presence of:
THE CORPORATION OF THE TOWN OF HANOVER
Per: A ;/. ma IL, l.L 1
Maybr I
Per: 4
Chief A • 7 inist -. tive Officer
THE CORPORATION OF THE MUNICIP IT , • F - RRAN-ELDERSLIE
Per• d "4 i�
: or
• ". Chie'�Administrative Officer
THE CORPORATION OF THE MUNICIPALITY OF BROCKTON
Per: di / 8 1 )- • -1 / 4 - ,
or ;
Per: �iL IIL
Chief Admi 'strati e 0 "'
THE CORPORATION OF THE MUN CIPALL 0 . , NCARDINE
Pere .'
Mayor 4
Per: 1 01111111111K,r L.__
Chief Administrative Officer
THE CORPORATION OF THE MUNICIPALITY OF WEST GREY
Per: vim■,, 4 /,�
M ayor /I
Per: "' / 4
ief A ative Officer
Page 4 of 4
THE CORPORATION OF THE TOWNSHIP OF OUTHGATE
Pe •
a
Per:
Chief Administrative Officer
THE CORPORATION OF THE TOWNSHIP OF HURON- KINLOSS
Per:
Mayor
Per:
Chief Administrative Officer
THE CORPORATION OF THE TOWN OF SAUGEEN SHORES
Per:
Mayor
Per:
der
SAUGEEN MOBILITY AND REGIONAL TRANSIT (S.M.A.R.T.)
Per: l /I , 1,44•/_/
D re tor
Per: 4
Director