HomeMy WebLinkAbout16 018 S.M.A.R.T. Amending Agreement (2016) By-law THE CORPORATION OF THE MUNICIPALITY OF KINCARDINE
KBT
41) * t4
BY -LAW
NO. 2016 - 018
BEING A BY -LAW TO ENTER INTO AN AMENDING AGREEMENT WITH
SAUGEEN MOBILITY AND REGIONAL TRANSIT CORPORATION
(S.M.A.R.T.)
WHEREAS pursuant to the Municipal Act, 2001, S.O. 2001, c.25 as amended
Section 69 (2) authorizes a municipality to establish, operate and maintain a type
of passenger transportation system;
• AND WHEREAS Section 69 (2)(b) of the Municipal Act, 2001 authorizes a
municipality to enter into an agreement granting a person the exclusive or non-
exclusive right to establish, operate and maintain all or any type of a passenger
transportation system within the municipality;
AND WHEREAS Section 8(1) and 9 of the Municipal Act, 2001, S.O. 2001, c.25
as amended, provide that the powers of a municipality under this or any other Act
shall be interpreted broadly so as to confer broad authority on the municipality to
enable the municipality to govern its affairs as it considers appropriate and to
enhance the municipality's ability to respond to municipal issues and has the
capacity, rights, powers and privileges of a natural person for the purpose of
exercising its authority under this or any other Act;
AND WHEREAS Saugeen Mobility and Regional Transit operates a Disability
Transportation System;
AND WHEREAS the Municipality of Kincardine entered into an agreement with
Saugeen Mobility and Regional Transit by way of By -law No. 2013 -111 and
410 amended by By -law No. 2014 -118;
AND WHEREAS on the 24th day of August, 2015 all parties reviewed the
agreement and wished to enter into an amending agreement;
AND WHEREAS the Council of The Corporation of the Municipality of Kincardine
deems it advisable to enter into an amending agreement with Saugeen Mobility
and Regional Transit;
NOW THEREFORE the Council of The Corporation of the Municipality of
Kincardine ENACTS as follows:
1. That The Corporation of the Municipality of Kincardine enter into an amending
agreement with Saugeen Mobility and Regional Transit, attached hereto as
Schedule "A ".
2. That the Mayor and Chief Administrative Officer be authorized and directed
execute, on behalf of the Council of The Corporation of the Municipality of
Kincardine, the amending agreement with Saugeen Mobility and Regional
• Transit attached hereto as Schedule "A ".
3. This By -law shall come into full force and effect upon its passage.
Page 2
S.M.A.R.T. Amending Agreement (2016) By -law
By -law No. 2016 - 018
4. This By -law may be cited as the "S.M.A.R.T. Amending Agreement (2016)
By -law ".
• READ a FIRST and SECOND TIME this 1st day of February, 2016.
READ a THIRD TIME and FINALLY PASSED this 1st day of February, 2016.
Mayor Clerk
•
•
•
: This is Schedule "A..." to By -Law
N 016 - 0(F passed the 1 day
of r-ebruc+r' 201(,
THIS AGREEMENT made this 18 day of August, 2015
BETWEEN:
THE CORPORATION OF THE TOWN OF HANOVER
Hereinafter called "Hanover"
- and -
THE CORPORATION OF THE MUNICIPALITY OF ARRAN - ELDERSLIE
Hereinafter called "Arran - Elderslie"
-and -
THE CORPORATION OF THE MUNICIPALITY OF BROCKTON
Hereinafter called "Brockton"
-and -
THE CORPORATION OF THE MUNICIPALITY OF KINCARDINE
Hereinafter called "Kincardine"
-and -
THE CORPORATION OF THE MUNICIPALITY OF WEST GREY
Hereinafter called "West Grey"
-and -
THE CORPORATION OF THE TOWNSHIP OF SOUTHGATE
Hereinafter called "Southgate"
-and -
THE CORPORATION OF THE TOWNSHIP OF HURON- KINLOSS
Hereinafter called "Huron - Kinloss"
-and -
THE CORPORATION OF THE TOWN OF SAUGEEN SHORES
Hereinafter called "Saugeen Shores"
-and -
SAUGEEN MOBILITY AND REGIONAL TRANSIT (S.M.A.R.T.)
Hereinafter called "S.M.A.R.T"
WHEREAS the parties entered into an Agreement dated the 12th day of April, 2013 (hereinafter
referred to as the "Agreement ").
AND WHEREAS pursuant to paragraph 13.1 of said Agreement entitled "Review ", the parties were
to review the Agreement annually on or before the 30 day of June of each year commencing in June
2014 with any amendment to be effective January 1 of the following year.
AND WHEREAS on the 24th day of July, 2015, the parties reviewed the Agreement and wish to
amend the terms thereof.
NOW THIS AGREEMENT WITNESSETH that the parties, in consideration of the premises and
the mutual covenants herein contained, hereto agree as follows:
1. Paragraph 2.1 shall be amended by deleting the "..a Municipal Councillor, Mayor, Municipal
Staff member or other community member..." and substituting therefore "...a duly elected
member of council..."
IN WITNESS WHEREOF the parties hereto have affixed their corporate seals attested by their
authorized officers in that behalf.
SIGNED, SEALED AND DELIVERED
in the presence of:
THE CORPORATION OF THE TOWN OF HANOVER
Per: •
Mayor
Per: I i
Chief Adm‘ Officer
t4,
Page 3 of 4
THE CORPORATION OF THE MUNICIP: ITY OF ARRAN - ELDERSLIE
Per: .14 L fi---t---
Mayo l '
Per: °`'-
Chief dministrative Officer
THE CORPORATION OF THE MUNICIPALITY OF BROCKTON
Per: _ __, '
Mayor
.ter -
Chief Administr• +ve Officer
THE CORPORATION OF THE MUNICIPAL Y OF KINCARDINE
c
Per: i/; _ _. , .
Mayor
Per: 62"
Chief Administrative Officer
THE CORPORATION OF THE MUNICIPALITY OF WEST GREY
Per: t i ., l C wJ
L
ayor
Per:
,�t \' ministrative Officer
THE CORPORATION OF - :" - TQl:. SOUTHGATE
1 ==1��e
Per: ��t—
4 ma,. -1.....7-- Per: ` ` //
Chief Administrative Officer
y
•
Page 4 of 4
THE CORPORATION OF THE TOWNSHIP OF HURON - KINLOSS
Per: �7---/
Mayor
Per: 1* I 7/
A
Chief Administrative Officer
THE CORPORATION OF THE TOWN OF SAU EEN SHORES
Per: i ,
ayor
Per:
SAUGEEN MOBILITY AND REGIONAL TRANSIT (S.M.A.R.T.)
Per:
Director
Per: , ;;7,4• , / AN
P irector