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HomeMy WebLinkAboutBRU 96 006 repeal 96-3 pool THE CORPORATION OF THE TOWNSHIP OF BRUCE BY-LAW NO. 96-6 BEING A BY-LAW to authorize the entering into an amended agreement between The Corporation of the Township of Bruce 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. WHEREAS Bruce Township did agree by By-law No. 96-3 to enter a cost sharing agreement with The Corporation of the Town of Port Elgin for the operation of the Port Elgin Community Swimming Pool AND WHEREAS it has been decided to make some wording changes to clarify the terms of the agreement. NOW THEREFORE the Council of The Corporation of the Township of Bruce enacts as follows: 1. That The Corporation of the Township of Bruce do enter into an amended agreement with The Corporation of the Town of Port Elgin, which forms part of this by-law and a coþY of which is hereto annexed. 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 Township by their signatures and the affixing of the Corporate Seal of The Corporation of the Township of Bruce thereto and to del i ver the agreement so executed to The Corporation of the Town of Port Elgin. 3. This by-law shall come into force and be effective upon its final passage by the Council of the Township of Bruce and upon receipt by the Township of Bruce of one copy of the said agreement duly executed by The Corporation of the Town of Port Elgin. 4. By-law No. 96-3 is hereby repealed. ....... - ~~ By-law introduced and read a First time this TWENTY-THIRD day of JANUARY, 1996. By-law read a Second time this TWENTY-THIRD day of JANUARY, 1996. By-law read a Third time and finally passed. signed, sealed, and numbered 96-6 this TWENTY-THIRD day of "',ßur~ _.~ - t CLERK 'ANUARY~~ . . REEVE -:þEkL THIS AGREEMENT MADE THIS DAY OF BET WEE N: The corporation of The Town of Port Elgin Hereinafter called the "party of the First Part" AND The Corporation of The Township of Bruce 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 o 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 Bruce Township 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. -. 2. 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. That the Township of Bruce 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. 3. 4. That the statement of shareable annual costs as verified by the Municipal Auditor for the Town of Port Elgin be presented to the Township of Bruce on or before the 1st of June in any year. -. 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. xayor Town of Port Elgin Clerk Town of Port Elgin aeeve Township of Bruce Clerk Township of Bruce ~ FT·..·' A" -niB .. f3å1rIt .II. ., A." 1XI By-law No. ClIo- Co, FI~...1f ~~'~~I