HomeMy WebLinkAboutBRU 97 013 fire services
THE CORPORATION OF THE TOWNSHIP OF BRUCE
BY-LAW NO. 97-13
A BY-LAW "TO PROVIDE FIREFIGHTING AND FIRE PROTECTION SERVICES".
WHEREAS pursuant to the provisions of the Municipal Act, R.S.O.
1990, Chapter M. 45, Section 207, Subsection 1 and Section 210,
Subsection 31, by-laws may be passed by the Council of local
municipalities for providing for firefighting and fire protection
services and for entering into agreements with any other
municipality for the use of the firefighting equipment of the other
municipality in the event of fire in any defined area of the
municipality upon such terms and conditions and for such
consideration based on cost as may be agreed upon;
AND WHEREAS the Corporation of the Township of Bruce deems it
advisable to utilize the services of the Paisley Fire Department
for the purpose of providing firefighting and fire protection
services in certain areas within the boundaries of the Corporation
of the Township of Bruce and for entering into an agreement with
the Corporation of the Village of Paisley, and the Corporation of
the Township of Elderslie, the Corporation of the Township of
Greenock, the Corporation of the Township of Saugeen, and the
Corporation of the Township of Brant for said firefighting and fire
protection services;
NOW THEREFORE the Council of the Corporation of the Township of
Bruce ENACTS as follows:
1.
That the Corporation of the Township of Bruce enter into an
agreement with the Corporation of the Village of Paisley, the
Corporation of the Township of Elderslie, the Corporation of
the Township of Greenock, the Corporation of the Township of
Brant, and the Corporation of the Township of Saugeen,
attached hereto as Schedule "A" and forming a part of this by-
law for the purpose of procuring firefighting and fire
protection services in the Corporation of the Township of
Bruce.
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2.
That the Reeve and Clerk of the Corporation of the Township of
Bruce are hereby authorized to sign and execute such
agreements as may be necessary.
3. That the Reeve and Clerk are hereby authorized and directed to
sign By-law No. 97-13 and affix the Corporate Seal thereon.
4. That this by-law shall come into force and have effect on and
after the third and final reading.
THE CORPORATION OF THE TOWNSHIP OF BRUCE
BY-LAW NO. 97-13
PAGE 2
5. That By-law No. 93-3 is hereby rescinded and where other by-
laws are inconsistent with this by-law this by-law shall
supersede these by-laws.
By-law introduced and read a First time this TWELFTH day of AUGUST,
1997.
By-law read a Second time this TWELFTH day of AUGUST, 1997.
By-law read a Third time and finally passed. signed, sealed, and
numbered 97-13 this TWELFTH day of AUGUST, 1997.
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CLERK
REEVE
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AGREEMENT MADE THIS
BETWEEN:
DAY OF
1997.
The corporation of the Village of Paisley
of the first part
and
The Corporation of the Township of Elderslie
of the second part
and
The Corporation of the Township of Bruce
of the third part
and
The Corporation of the Township of Greenook
of the fourth part
and
The Corporation of the Township of Brant
of the fifth part
and
The corporation of the Township of Saugeen
of the sixth part
Hereafter referred to as "the parties"
WHEREAS By-laws have been duly enacted by the Corporate parties
hereto respectively, pursuant to the provisions of the Municipal
Act, R.S.O. 1990, Chapter M.45, Section 207, Subsection 1, and
section 210, Subsection 31 for entering into agreement with any
other municipality of person for the use of fire-fighting equipment
or any of it, of the municipality or person upon such terms and
condi tions and for such consideration based on cost as may be
agreed upon, provided that notwithstanding the provisions of any
such agreement no liability accrues to the municipality or persons
failing to supply the use of the fire-fighting equipment, or any of
it.
.
WHEREAS the parties had agreed in 1993 to an agreement to cover a
ten year period from February 1, 1993.
AND WHEREAS the parties have now agreed by by-law törepeal the
original 1993 by-laws and the 1993 agreement and have agreed to put
this new agreement into force, effective February 1, 1997 for a six
year period.
AND WHEREAS. the parties hereto have agreed to mutually share the
services of the paisley Fire Departaent and the matters and things
to be done in the manner hereinafter described in connection with
the maintenance of the efficient fire-fighting equipment and
competent personnel, known as the Paisley and District Fire
Department, available at all times for the purpose of fire
protection in the Townships and in the Village.
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AND WHEREAS to provide such service, it may be necessary for the
Paisley Fire Department to purchase new equipment and have certain
new oapital expenses from time to time.
NOW THEREFORE THIS AGREEMENT WITNESSETH that in consideration of
the premises, the parties hereby covenant, promise and agree with
the other as follows:
1. ðBM.
The parties agree that the fire protection area shall be
within the area outlined in red on the map attached hereto,
and marked as sohedule II, and forming part of this agreement.
2 . EOU:J:1>N1OI'JI
All equipment of the Paisley and District Fire Department is
held in trust by the Village of Paisley.
It is understood by and allOng all parties hereto, that in the
event of a fire call being received while equipment and
brigade are combating a fire in any of the municipalities, the
fire fighting equipment and brigade will not be required to
leave the fire in one municipality and proceed to a fire in
another municipality.
The parties hereto shall not be bound to provide any special
or specifio equipment or number or type of fire-fighters for
a fire in the said area but shall provide only such equipment
and fire-fighters as may be directed, on any particular
occasion, by the Fire Chief, his Deputy or acting Fire Chief,
as may be available.
3. 1111"PllnDTTY OF FT1IR DRPAR'.tMRIPI'
The partie.. hereto gi ve su~. auth~ri ty as may be nècessary to
members of the Paisley and District Fire Department
within the said area as set out in Schedule #1 in all
matters relating to fire prevention, fire regulations and
fire extinguishment including such matters as traffic
regulation and crowd control during the active
performance of their duties.
4. IIID-·l:FICATIOR
The Parties hereto shall save harmless and keep indemnified
the members of the Paisley Fire Department, from all actions,
causes of action, damages, and claims arising out of the
performance or non-performance of the services provided for
herein except in the case of gross negligence.
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5. THE FIRK AURA. COMMITTEE !=IRAT.T.
a)
Formulate policies, rules and
relating to the administration
Department!
regulations for
of the paisley
and
Fire
b) Hold regular monthly meetings!
c) Elect a chairman annually from- among its members who
shall have authority to call meetings!
d) Appoint a secretary-treasurer to record the minutes,
receive accounts and present the same for approval and
payment.
6 . BUDGET MEETINGS
The parties hereto acknowledge that it will be necessary for
a budget meeting to be established on or before February 28 in
each and every year by the said Fire Committee, and a member
delegate of all the parties hereto shall be notified of the
meeting to establish a budget for the Fire COlllllittee, and
shall have the right to attend such meeting and express their
opinion thereat. The said Committee shall be composed of 2
representatives for the Village of Paisley and one
representative each for the Townships of Bruce, Elderslie,
Greenock, Brant and Saugeen.
7. BUDGET
The annual totalled bUdgeted costs of the paisley Fire
Department, shall include all of the items normally, and
previously accepted in the budget, and without limiting the
generality of the foregoing, shall include all of the items as
set out in the fiscal budget, annexed as Schedule 12, hereto.
provided further that the budget shall not be deemed to be
accepted until approved 6Y"8 majority of the" members õf the
Fire Committee and the majority of the parties to this
agreement.
8. DATE OF PAYMENT
The Parties hereto agree that operating costs will be billed
by the Secretary-Treasurer of Paisley and District Fire
Committee to each municipality on a monthly basis and will be
payable forthwith after receipt of the bill.
9. COST SRAlURG
The parties to this agreement agree to share costs in the
following percentages:
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a)
b)
CI)
d)
e)
f)
10.
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The Village of paisley shall pay thirty-two (32) percent
of all cost of the operation and maintenanoe and capital
cost of the Paisley Fire Department.
The Township of Bruce shall pay twenty-four (24) percent
of all cost of the operation and maintenance and capital
cost of the paisley Fire Department.
The Township of Blderslie shall pay twenty-two (22)
perClent ot all CloSt ot the operation and maintenanoe and
oapital cost of the Paisley Fire Department.
The Township of Greenock shall pay fourteen (14) percent
of all cost of the operation and maintenance and capital
cost of the Paisley Fire Department.
The Township of Brant shall pay three (3) percent of all
cost of the operation and maintenance and capital cost of
the Paisley Fire Department.
The Township of Saugeen shall pay five (5) percent of all
cost of the operation and maintenance and capital cost of
the Paisley Fire Department.
a)
This agreement shall continue into force and effect and
binding upon the parties hereto and their successors for
a term of six (6) years from the first day of February,
1997.
b)
Any of the parties to this agreement may withdraw by
giving the Fire Area committee one (1) years notice in
writing. There could be a refund based on the assessment
of the property and apparatus and it shall be at the
discretion of the remaining members of the Fire Area
enm-ittee or through a Board of Arbitration, appoint.ed by
_. 0- __ __
the County Court Judge.
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11. The Fire Area committee shall request the Paisley Fire
Department to hold one (1) meeting per month and the Fire
Chief to arrange two (2) hours of practice per month.
12. SEVERABILITY
In the event that any covenant, provision or term of this
Agreement should at any time be held by any competent tribunal
to be void or unenforceable, then the Agreement shall not fall
but the covenant, provision or term shall be deemed to be
severable from the remainder of this agreement which shall
remain and continue in full force.
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13.
I:nVRRNIIfG LAW
All Parties hereto agree irrevocably to attorn to the Courts
and Province of ontario and agree that any dispute between
them shall be litigated in the Province of Ontario, and in any
event, all rights between them shal1 be construed in
accordance witb tbe law in the Province ot ontario in ettect
at the material time.
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IN WITNESS WHEREOF the said corporations have affixed their
corporate seals under the hands of their proper officers duly
authorized in that behalf.
That the original agreement for the Paisley and District Fire
Department is hereby repealed.
This agreement shall continue in full force and effect for a term
of six (6) years from February 1, 1997.
THE CORPORATION OF THE VILLAGE OF PAISLEY
Reeve
j2;:u ¥JhH5
SEAL
THE CORPORATION OF THE TOWNSHIP OF ELDERSLIE
SEAL
Reeve
Clerk
THE CORPORATION OF THE TOWNSHIP OF BRUCE
. SEAL
. Reeve
Clerk
THE CORPORATION OF THE TOWNSHIP OF GREENOCK
sC ~,
Re~ve._ __
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Clerk
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ReevE"
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THE CORPORATION O~ THE TOWNSHIP OF BRANT
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THE CORPORATION OF THE TOWNSHIP OF SAUGEEN
SEAL /~
Reeve
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Clerk