HomeMy WebLinkAboutTIV 96 003 agree community pool
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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,
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'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.
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By-law read a Third Time and finally passed, signed, sealed,
,and number 1996-3 this 9th day of April, 1996.
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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.
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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.
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Reeve
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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.
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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.
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Village of Tiverton
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