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Home My WebLink AboutBRU 96 016 garbage disposal THE CORPORATION OF THE TOWNSHIP OF BRUCE BY-LAW NO. 96-16 BEING A BY-LAW to authorize the entering into an agreement between The Corporation of the Township of Bruce as Party of the First Part, and The Corporation of the Village of Tiverton as Party of the Second Part. WHEREAS the parties hereto under the provisions of the Municipal Act R.S.C. 1990, Chapter M.4S, Section 207{S), may enter into an agreement with one or more municipalities to provide for the joint management and operation for garbage disposal systems. AND WHEREAS the Party of the First Part agrees, subject to the conditions hereinafter set out, to allow the Party of the Second Part the use of the Landfill Site located at Lot 17, Concession 2, in the Township of Bruce, in the County of Bruce. NOW THEREFORE the council of the Corporation of the Township of Bruce enacts as follows: 1. That the Corporation do enter into an agreement for joint management and operation of the Bruce Township Landfill Site 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 Township of Bruce are hereby authorized to execute the said agreement on behalf of the Corporation by their signatures and the affixing of the Corporation Seal thereto. Each Corporation shall receive back one executed copy of the agreement after it has been signed by both parties. 3. That By-Law No. 91-20 is hereby repealed. ~. By-law introduced and read a First time this TWENTY-THIRD day of JULY, 1996. By-law read a Second time this TWENTY-THIRD day of JULY, 1996. By-law read a Third time and finally passed, signed, sealed, and numbered 96-16 this TWENTY-THIRD day of JULY, 1996. ~Q}fd / c__· CLERK ~ Sbr. ~&, REEVE -- - - t !. SCHEDULE 'A' To By-LaW No. 96-16 This agreement made this twenty-third day of July, one thousand nine hundred and ninety-six. BETWEEN The corporation of the Township of Bruce 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 parties hereto under the provisions of the Municipal Act R.S.O. 1990, Chapter M.45, section 207(5), may enter into an agreement with one or more municipalities to provide for the joint management and operation for garbage disposal systems. AND WHEREAS the party of the first part agrees, sUbject to the conditions hereinafter set out, to allow the party of the second part the use of the Landfill site located at Lot 17, Concession 2, in the Township of Bruce, in the County of Bruce. NOW THEREFORE this Agreement witnesseth that in consideration of the mutual covenants and promises herein contained, the parties agree as follows. 1 . (a) A Joint Board of Management shall be maintained to administer the terms of this agreement. (b) The Village of Tiverton shall have two council members as representati ves on the Joint Board of Management, and the Township of Bruce shall be represented by three council members. (c) The Joint Board of Management shall meet regularly to monitor and review the operation of the Landfill Site, and to make recommendations concerning the site to their respective councils. 2. (a) The Township of Bruce will be responsible for the day to day operation of the Landfill Site. (b) The Township of Bruce will be responsible for the staffing of the Landfill Site and the pay scale used will conform with that of the Township of Bruce. Accurate staffing records and costs will be available for review upon request by the village of Tiverton. (c) The site will be open and supervised during the hours mutually agreed upon by both of the parties hereto, and may be altered from time to time in the same manner. '-~ , ~ . 2 (d) The Township of Bruce will absorb the day to day administrative costs, and will be reimbursed by the Village of Tiverton as agreed in the agreement. 3. (a) The cost sharing basis for all costs associated with the Landfill site shall be calculated on population figures, taken from the 1995 Municipal Directory, published by the Ministry of Municipal Affairs. Each municipality's total population shall be calculated as a percentage of the total population in both participating municipalities. (b) The current percentages figures provide for arrangement. based on the current POPulation the following cost sharing Township of Bruce Village of Tiverton population 1,515 796 percentage 66% 34% (c) As the participating municipalities' populations change or at the request of either party, the percentages for cost sharing may be reviewed and revised. 4. (a) All capital costs relating to the site shall be shared by the parties in accordance with the percentages in Item 3(b) . (b) Capital expenditures as specified in the Municipal Financial Reporting Handbook, are defined as any significant expenditure incurred to acquire or improve land, buildings, engineering structures, machinery and equipment used in providing municipal services. It includes vehicles, office furniture and equipment. This expenditure normally confers benefit lasting beyond one year and results in the acquisition of, or extends the life of a fixed asset. (c) Notwithstanding the capital contribution by the Village of Tivertoll, all capital assets will be owned by the Township of Bruce and can be disposed of by them as they wish. (d) Any funds r<eceived from the sale of capital assets shall be applied , to the acquisition of other assets, or the operation of the landfill site so long as the agreement is in force when such assets are sold. (e) Purchases of capital assets will be reviewed annually and added to Appendix 'A' of this agreement. (f) Any assets as described in Appendix 'A' which the Village of Tiverton has shared the cost of, as of the date of the signing of this agreement, will be reimbursed at the cost sharing percentage as described in Item 3(b). < . 3 5. (a) It is agreed that the Village of Tiverton shall pay a 5% surcharge on operational costs in addition to the percentages stated in Item 3{b). The surcharge is in consideration of additional costs assumed by the Township of Bruce as owner/operator of the site. The surcharge results in the Village of Tiverton paying 39% of operational costs, but leave their share of capital costs of 34%. (b) Operating costs shall be interpreted as maintenance, operation including covering and capping of Landfill site, staffing costs, insurance, engineering, legal, or any other associated costs, other than capital costs as described in Item 4{b). (c) Operating costs as aforementioned will be annually decreased by recoveries from rent of adjoining land, user fees, grant monies, or any other revenues. (d) Item 5(c) shall be reviewed at the end of 1997. 6. (a) A statement of all capital and operational costs shall be provided annually to the Village of Tiverton with the December 31st invoice. (b) The Joint Board of Management will present a budget to the Township of Bruce and the Village of Tiverton for the March meetings. (c) The Village of Tiverton agree to pay to the Township of Bruce 50% of the amounts budgeted for the year by June 30th each year, and they agree to pay the balance of their share of costs within 30 days of receipt of the year end statement of costs as presented by the Township of Bruce. 7. (a) This agreement shall come into force and shall be binding on both parties effective August 1, 1996. (b) This agreement shall remain in force for a five year period, at the end of which the agreement shall be reviewed, or until terminated by either party to the agreement. (c) Either party may terminate this agreement by delivering written Notices of Termination to the Clerk of the other municipality. Twelve months notice is required for termination. (d) This agreement and the covenants, provisos, conditions and schedules herein shall enure to the benefit of and be binding upon the respective heirs, executors, administrators, successors or assigns of each of the parties hereto. , < . 4 (e) Any dispute, controversy or stalemate arising out of the provisions of this Agreement, interpretation thereof or in negotiations for a renewal agreement, shall be determined by the ontario Municipal Board as sole arbitrator pursuant to the provisions of the Municipal Act R.S.O. 1990, Chapter M.45, section 207(9). The costs of any such dispute shall be shared by the parties in such ratio as set by the ontario Municipal Board. IN WITNESS WHEREOF the said parties have hereunto affixed their corporate seals duly attested by the hand of their proper officers. This .23 Ml day of ~ 1996. The Corporation of the Township of Bruce. / ~~6 Re e . , . . -~ . '"......~. "-' -'/ .'.~- ., . .~. The Corporation of the village of Tiverton. ~ ~ --ì<~~':'-'-::":':-. ~_ _ .: _'\:__- _~h.~ _. '-.::. _J~~~. , . , ~d:»; [- };~ ~ /" -... ~ Clerk ,/. .,- . J. -