HomeMy WebLinkAboutTIV 83 002 agree use of arena
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CORPORATION OF THE VILLAGE OF TIVER'IDN
BY-LAW NUMBER 83-2
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Being a by-law to authorize the execution of'
an agreement with the Township of' Bruce and
the Township of' Kincardine to share in the
expenses of' the arena portion only of' the
Community Centre located on McKay street in
the Village of Tiverton.
The Council of the Corporation of' the Village of Tiverton
HEREIN ENACTS AS FOUDWS:
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.
READ A FIRST, SEOOND AND THIRD TIME AND FINALLY PASSED, SIGNED AND
SEALED THIS 26th DAY OF APlUL 1983.
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THIS AGREEMENT made in duplicate this / :l day of ~
1983.
BETWEEN :
THE CORPORATION OF THE VILIAGE OF TIVER'IDN
(Hereinafter called "Ti verton" )
OF THE FmST PART
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THE CORPORA TION OF THE 'IDWNSHIP OF BRUCE
(Hereinafter called "Bruce")
OF THE SEOOND PART
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THE OORPORATION OF THE 'IDWNSHIP OF KINCARDINE
(Hereinafter called "Kincardine")
OF THE THmD PART.
WHEREAS TIVER'IDN is the owner of a community centre located
in the Village of Ti verton.
AND WHEREAS the residents of TIVER'IDN, BRUCE, and KINCARDINE
use the said community centre.
AND WHEREAS TIVER'IDN is desirous of entering into an agreement
with respect to the use of the arena portion only of the said community
centre.
AND WHEREAS Section 208 (28) of The Municipal Act, R.S.O. 1980,
Chapter 302 provides that by-laws may be passed by councils of all
municipalities With any other municipality or person for entering into
agreements for the use of cOlllDunity centres.
AND WHEREAS the parties hereto agree that any disagreement
arising 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.
AND WHEREAS the parties haveto have passed respective by-laws
for the entering into of this agreement, which by-laws or by-law number
.:1.-83 for TIVER'IDN, and by-law number -<13 for KINCARDINE,
and by-law number -<13 for BRUCE.
row WITNESSETH that this agreement that in consideration of the
premises, the parties hereby covenant, promise and agree with the other
as follows:
1. The arena located in the community centre located at McKay Street
in the Village of Tiverton shall be used jointly by the residents of
TIVER'IDN, KINCARDINE, and BRUCE.
2. An arena board shall be created and shall manage the arena and
such c:ommittee shall be composed of five (5) members, as follows:
three (3) mElllbers from the council of TIVER'IDN, one (1) member from the
council for KINCARDINE, and one (1) member from the council of BRUCE.
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, _,' - SIGNED, SEALED AND DEL.lvJ!òHW
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3. The cost of operating and maintaining the arena portion only
of the cOlllDunity centre shall be shared by the parties to this agreement
on the besis of an equal one-third contribution toward the cost provided
that such one-third cozrt.ribution shall not be less than $5,000.00 per annum.
4. The parties hereto agree that they shall share equally in the cost
of any and all future capital expenditures incurred with respect to the
arena provided that the amount of the contribution of the parties shall
be negotiated prior to the time of the capital expenditure is incurred.
5. The parties hereto agree that the payment required to be made
pursuant to Paragraph 3 above shall be paid by KINCARDINE and BRUCE upon
receipt of an invoice from TIVER'IDN.
6. Notwithstanding anything referred to above, the parties hereto
agree and confirm that TIVER'IDN as the Municipality establishing the
board shall remain the sole owner of the arena located at McKay street.
7. This agreement shall terminate on the 31st day of December, 1985
and failing two months' written notice by one party to the other, shall
continue for another year and so on from year to year. Any written notice
given as aforesaid shall terminate the agreement as of the 31st day of
December in the year in which the notice is given.
IN WITNESS WHEREDF the said Corporations have hereunto affixed
their corporate seals duly attested to by the hands of their proper
signing officers duly aul;horized in that behalf'.
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~ ~~:!RPORA~TION OF THE v II.TJ\GE OF
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) THE OORPORATION OF THE 'IDWNSHIP
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THE OORPORATION OF THE 'IDWNSHIP
OF BRUCE
PER:
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