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HomeMy WebLinkAboutTIV 96 003 agree community pool . . I "~ ' il :.. 1- ,I II, THE CORPORATION OF THE VILLAGE OF TIVERTON BY-LAW 1996-3 BEING A BY-LAW TO ENTER INTO AN AGREEMENT TO PROVIDE FUNDING FOR COSTS RELATED TO THE OPERATIONS OF A COMMUNITY POOL IN THE TOWN OF PORT ELGIN. WHEREAS Chapter M45, section 120, of the Municipal Act R.S.O 1990 provides that a municipality may pass by-laws for entering into and performing any agreement with any other Council for fulfilling, executing or completing at their joint expense and for their joint benefit any undertaking, work or project within the jurisdiction of the Council, AND WHEREAS the Part of the First Part agrees, subject to the conditions hereinafter set out, to allow the Party of the Second part the use of the Community Swimming Pool, known as the Centennial Pool, located in the Town of Port Elgin, AND WHEREAS the Party of the Second Part are desirous of providing for costs related to the operations of the Community Swimming Pool, hereinafter set out, , 'NOW THEREFORE the Council of the Corporation of the Village of Tiverton enacts as follows: 1. That the Corporation do enter into an agreement to provide funding for costs related to the operation of the Centennial Pool as set out in schedule "A" attached hereto, and forming part of this by-law. 2. That the Reeve and Clerk of the Corporation of the Village of Tiverton are hereby authorized to execute the said agreement on behalf of the Corporation by their signatures and the affixing of the Seal of the Corporation thereto. Each Corporation shall receive back one executed copy of the agreement after it has been signed by both parties. By-law introduce and read a First and Second Time this 9th day of April, 1996. !~~~:o .4A¿~ Clerk By-law read a Third Time and finally passed, signed, sealed, ,and number 1996-3 this 9th day of April, 1996. ~/VU ffitðUK2LÆ/ Clerk ~ : ~sea ì"~~ -: i ~- : ~ ~ -.,::. ; 11 ~ .,- ~ ~ If - .~ --:. ¿: -¡:' ~ THE CORPORATION OF THE TOWN OF PORT ELGIN BY-LAW NO. 21-96 A by-law to authorize the entering into an agreement between the corporation of the Village of Tiverton and the Corporation of the Town of Port Elgin for the purpose of sharing the costs related to the operations of the Port Elgin Community swimming Pool, known as Centennial Pool. Now Therefore the council of the Corporation of the Town of Port Elgin enacts as follows: 1. The entering into and execution by the Corporation of the Town of Port Elgin of an Agreement with the Village of Tiverton for the purpose of sharing the costs related to the operations of the Port Elgin Community Swimming Pool, known as Centennial Pool. . 2. The Mayor and Clerk are hereby authorized to do everything necessary to execute the said Agreement on behalf of the Corporation and to affix the Corporate seal thereto. 3. This by-law shall come into force and effect upon third and final reading thereof. READ A FIRST AND SECOND TIME THIS 6TH DAY OF MAY, 1996 READ A THIRD TIME AND FINALLY PASSED THIS 6TH DAY OF MAY, 1996. l.L. ~ Reeve ~'- ~ .~ Clerk . .-} ~!>-'" -j . . THIS AGREEMENT MADE THIS 97'1/ DAY OF t/.p~ Il. /99i- BET WEE N: The Corporation of The Town of Port Elgin Hereinafter called the "party of the First Part" AND The Corporation of The Village of Tiverton Hereinafter called the "Party of the Second Part" Whereas the Party of the First Part has constructed and maintains a community Swimming Pool in the Town of Port Elgin, known as the Centennial pool; And Whereas the Parties of the Second are desirous of providing funding for costs related to the operations of the Community swimming Pool; Now Therefore This Agreement Witnesseth That in consideration of mutual covenants and conditions hereinafter contained and subject to the terms and conditions hereinafter set forth, the parties agree as follows: 1. That the terms used in this agreement are defined as follows: Shareable Annual Costs - operating and maintenance cost minus capital expenditures net of revenues as defined by this agreement. Operating and Maintenance Costs - Gross expenditures directly attributable to the Pool. Capital Expenditures - Any significant expenditure incurred to acquire or improve land, buildings, machinery and equipment but not expenditures designed to maintain an asset in its original state. Revenues - Include all fees, rentals, federal and provincial grants but not payments from municipalities with signed agreements. Percentage of Shareable Costs - the percentage obtained by dividing the number of Tiverton swimming lesson registrants by the total swimming registrants times one hundred for the prior year. Statement of Shareable Annual Costs - the amount obtained by multiplying the percentage of shareable costs by the shareable annual costs of the prior year. That the Town of Port Elgin operate and maintain the Centennial Pool under the direction of the Council of the Corporation of the Town of Port Elgin and in accordance with their approved Policies and Procedures for the Pool. 3. That the Village of Tiverton pay to the Treasurer of the Town of Port Elgin six equalized bi-monthly payments annually on or by the 15th of alternate calendar months, beginning with February 15th and ending with December 15th. The first two such payments will be based on an estimated amount and the final four payments to be adjusted to the prior year's actual shareable costs. 2. 4. That the statement of shareable annual costs as verified by the Municipal Auditor for the Town of Port Elgin be presented to the Village of Tiverton on or before the 1st of June in any year. . --'þ . - ....... ___., -.W< . . 2. 5. That the calculation of the percentage of shareable costs be based on the prior years swimming lesson registration as prepared by the Pool Managers. Original registration documents to be made available for viewing by an appointed representative authorized by each municipality. All requirements under the Freedom of Information and Privacy Act to apply. 6. Prior to the preparation of the annual budget, all participating members will have the opportunity to meet to discuss any matters of mutual interest for the upcoming year. At this time a third quarter financial statement will be provided for the current year. The final budget to be forwarded upon final approval. 7. This agreement shall be effective January 1, 1996, and shall remain in full force and effect until December 31, 1998 , and may be automatically renewed every three years, unless any party gives written notice to the others by November 1st of any year that it wishes to negotiate changes in the agreement for the following year in which case changes to the agreement shall be made by mutual consent only. In witness thereof the Parties hereto have affixed their corporate seals under the hands of their proper officer. .- -. -- - .. - - '- ~ : - .....-.-. ;:;, t L. r;:(;¿;"'" ~ Reeve ' ': ',--,:_ - Town of Port Elgin -- ~ """ ___;--,,','~' - _....../-: .". -+--- - ~ -: ;:, f ~ '_ ~ ,: - - c ~~ Town of ............... ~ -- Port Elgin - ' ~rt . ~_ aJdd, Clerk Village of Tiverton '- -" '- " ' ~ - " ,