HomeMy WebLinkAboutBRU 93 003 fire protection pais
THE CORPORATION OF THE TOWNSHIP OF BRUCE
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BY-LAW NO. 93-3
A BY-LAW "for providing for 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-l aws may be passed by the Counci 1 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
municipal i ty in the event of fì re 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" to By-law No, 93-3 and forming a part
thereof for the purpose of procuring firefighting and fire
protection services in the Corporation of Township of Bruce as
set out in Schedule "A",
2. That this by-law shall come into force and have effect on and
after third and final reading,
3. That the Reeve and Clerk of the Corporation of the Township of
Bruce are hereby authorized to sign or execute such agreements
as may be necessary.
THE CORPORATION OF THE TOWNSHIP OF BRUCE
BY-LAW NO. 93-3
PAGE 2
4, That the Reeve and Clerk are hereby authorized and directed to
sign this By-law No. 93-3 and affix the Corporate Seal
thereon.
By-law introduced and read a First time this TWENTY-SIXTH day of
JANUARY, 1993.
By-law read a Second time this TWENTY-SIXTH day of JANUARY, 1993,
By-law read a Third time and finally passed, signed, sealed, and
numbered 93-3 this TWENTY-SIXTH day of JANUARY, 1993.
CLERK
f?fj
REEVE
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01-25-1993 11:30AM FROM UILL~ OF PRISLEY
3685196
p.e1
TO
AGRBBMENT MADE THIS
DAY OF
, 1993.
BB'.AmBN t
TBB CORPQRAT:ION OF THE VILLAGE OF PAISLBY
OF TBB FIRST PART
AND
TBB CORPORATION OF 'l'BB TOWBSBIP OF BLDBRSLIE
OF THE SECOND PART
AND
TBB CORPORATION OF TO 'l'OWHSBIP OF BRUCB
OF 'I'D THIRD PART
AND
'I'D CORPORATION OF TBB T01IHSBIP OF GRBBNOClt
OF TBB FOURTH PART
AND
TBB CORPORATION OF TBB TOtQISBIP 01' BRANT
OF THE FI!"l'B PART
AND
THE CORPORATION OF TBB TOWNSHIP OF SAtJGBBN
OF TBB SIXTB PART
WHERBAS By-laws have bean duly enacted by the Corporate parties
hereto respectively, pursuant to the provisions of The Municipal
Aot, R.s.a. 1990, Chapter M.45, Section 207, Subsection 1, Section
210, Subsection 31 for entering into agreement with any other
municipality or person for the use of fire-fighting equipment or
any of it, of the municipality or person upon such tems and
conditions and. for such consideration b.sed on cost as may be
agreed upon, provided th.t notwithstanding the provisions of any
such agreement no liability acorues to the munioipality or person
failing to supply the use of tbe fire-fighting equipment, or any of
it.
AND WHEREAS the parties hereto have passed respective by-laws for
the entering into at this Agreement.
AND WHEREAS the parties hereto have agreed to mutually share the
services of the Paisley pi:!:. Department and the matters and things
to be done in the manner hereinafter described in connection with
the maintenaDC!e of the efficient fire-fighting equipment and
competent personnel, known as the Paisley and District Fire
Dapartmant, available at all tilles fOI: the purpose of fire
protection in the Townships and in the Village.
AND WBBRBAS to provide such aerviee, it may be neceRllary for the
Paisley pire Department to parchase new equipment and have certain
new capital expense. frca ti... to tille.
NOW THBREFORE TBIS AGRBBMB1I'l' 1fI'l'RB8SB'l'B that in consicieration of
the premises, the parties hereby covenant, promise and agree with
the other all follows:
1. ðBIð.
The parties agree that tbe fire protection area sball be
within the area outlined in red on the map attached hereto,
and marked as Schedule '1 and forming part of this agreement.
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~~.et'i.;~ 'A" t;O
By-law No. q~-~ P ~ 111 cI
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2. BOUIPMENT.
All equipment of the Paisley and Distriot Fire Department is
held in trust by the Village of PaIsley.
It is understood by and among all parties her.to, tbat in tbe
event of a fire call being received while the equipment and
brigade axe combating a fire in any of the municipalities, the
fixe fighting ~ipment and brigade will not be required to
leave the fire 1n one municipality and proceed to a fire in
another municipality.
The parties hereto shall not be bound to provide any special
or specific equipment or number or type of fire-fighters for
a fire in the said ar.a but shall provide only such equipment
and fire-fighters as may be directed, on any particular
occasion, by the Fire Chief, his Deputy or aoting Fire Chief,
aa may be available.
3 . AU'l'BORITY OF FIRE DBPAR'rMBN'r.
The Parties hereto give suoh autbority as may be neo.ssary 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 suoh matters as traffic regulation and crowd control
during the active performance of their duties.
4. INDBMRIF~CATION.
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-performanoe of the .ervice. provided for
herein except in the case of gross negligence.
5. TBB FIRE AREA COMMITTEE SRau.
regulations for and
of the Paisley Fire
a)
Formulate polioies, rules and
relatinc¡ to the adllinistration
DopaJ:tment;
Bold regular monthly meetings:
Bleat a chairman annually from among its members who
shall have authority to call meetings;
b)
c)
d)
Appoint a secretary-treasurer to record the minutes,
receive acoounts and present the same for approval and
payment.
6. pUDGB~ MEB~INGS.
The Parties bereto aCknowledie that it will be necessary for
a budget meeting to be e.tabl shed on or before February 28 in
each and every year by the said pire committe. and a member
delegate of all the Parties hereto ehall be notified of the
meeting to est.ablish a budget for the Fire Couaaltt.., and
IIball have the right to attend such meeting and express their
opinion thereat. ~he ..id Co.œ1tt.ee shall be compo.ed of 2
represent.atives for the village of Paisley and one
representative eaoh for t.he Township. of Bruce, Elderslie,
Greenock, Brant and Sauge.n.
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7 . BUÐGBT.
The annual totalled budgeted oosta of the Paisley Fire
Department, ahall include all of the it... normally, and
previously accepted in the budget, and without limiting the
generality of the foa:egoing, ahall inolude all of t.he ite1l\s all
set out in t.be fbcal budget, annexed as Schedule 12 hereto.
Provided further that the budget shall not be deemed to be
accepted until approved by a aajority of the meabers of the
Fire Committee.
8. DATE QF PAYMBIIT.
The Partiea hereto agree that operating costs will he billed
by tbe Secretary-Treasurer of Paisley and District Fire
C~tt.. to eacb municipality on a monthly basi. and will be
payable forthwith after receipt of the bill.
9. RBPLACB~ft~ª.
The Parties bereto agree tbat in the event that replacements
become necessary to any of tbe equipment, or any extenøive
maintenance costs are incurred, tben tbere additional cost.
aball be borne by them, on the basis of the formula aø set out
in Paragrapb (9) herein and that none of the Parties sball be
obligated to _ke replacements or repairs until a majority of
the Fire committee members approve.
The Village of Paisley sball pay thirty two (32) percent of
all cost of the operation and maintenanoe and capital cost of
the Paialey Fire DepartJaent excluding the replaceJ\\8nt or
Capital coat of the tank of tbe Cab and Cba..is inoluded in
the piece of equipment known at the Water Tanker Truck of
which the Village of Paisley does not claim any ownership or
part thereof.
a)
b)
The Town.hip of Bruce shall pay twenty four (24) percent of
the all cost of the operation and maintenance and capital coat
of the paisley Fire Department.
The Township of Blderslie shall pay twenty-two (22) percent of
the coat of the operation and ..intenanc. and capital cost of
the Paisley Fire Department.
The Township of Greenook shall pay fourteen (14) percent of
the cost of tbe operation and maintenanoe and capital cost of
the Paisley Fire Department.
Tbe Township of Brant shall pay three (3) peroent of the cost
of the operation and maintenance and capital cost of the
Paisley Fire Department.
The Townsbip of SauCJeen ehall pay five (S) percent of the cost
of the operation and .aint.nanee and capital cost of the
Paisley Fire department.
a}
d)
e)
f}
10. a}
'1his agreeaent shall continue into force and effec::t and
binding upon the parties hereto and their 8uooesaoa:8 for
a term of ten (10) years frOlll the first day of February,
1993 but shall be reviewed by the Fire Area Committee
after (S) five full years of operation.
Any of the parties to thb agreement IllaY withdraw by
giving the Pire Area Committee one (1) years notice in
writing, the allllells_nt of tbe property and apPEu:atua
aball be at the disoretion of the remaining members of
the Fire Area CODDitt.e or through a Board of
Arbitration, appointed by the County Court Judge.
b)
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11. The !'ire Area cOllllllit.tee shall request the Paisley Pire
Department t.o hold one ( 1) meeting per month and the pire
Chief to errange for one (1) two (2) hour practices per II1Onth.
12. SBVERABILITY.
In t.he event that any covenant, provision or term of this
Agreement should at any time be h.ld by any competent tribunal
to be void or unenforceable, then the Agr.....nt sball not fail
but the covenant, provision or term shall be deeøed to be
severable frolll the r..ainder of this Agreement which shall
relllain and continue in full forae and effect IIlUtatiø mutandis.
13. GØVBRNING LAW.
All parties bereto agree irrevoc:ably 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
.vent, all rights between them shall be construed in
accordance with the law in the Province of Ontario in effect
at the material ttm..
IT WITNBSS WREUOF the said Corporations have hereunto affixed
their corporate seals under thø hands of their proper officers duly
authorized in that behalf.
This agreement shall continue in full force and effect for a term
of ten (10) years from February 1, 1993.
THE CORPORATION OF THB VILLAGB OF PAISLBY
SIAL
CLBRK
RBBVB
TØB CORPOItATIOØ OF THE TOWNSHIP OP BLDBRSLIB
SBAL
CLBRK
RB2'7E
THE CORPORATION OF TBB TOWNSHIP OF BRUCB
SBAJ,
CLElUt
REEVE
THB CORPORA'rION 01' THB TOWNSBIP OF GUB1fOCK
SEAL
CLBRK
RREVE
THB CORPORATION OF '1'IIB TOWNSHIP OF BRANT
SBAL
CLBlUt
RBBVE
THE CORPORATION or THE TOWNSHIP OF SAUGSBH
SBAL
CLERK
RBBVE
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SCBBDULB U
'l'he following are the lands subject to the attached agreement.
1.
Village of Paisley-All of the village of Paisley.
Township of Blderslie-AlI portions of the Township of
Blderslie lying west of the centre line of the fifteenth
sideroad (15), all portions lying north of the centre line of
the BldenUe Brant Township boundary line, aU portions lying
easterly of the centre lin. of Elderslie Greenock boundary,
all portione lying eaeterly of the centre line of the Saugeen
'l'ownship boundary Une and .11 portions 8outher1y of the
centre line of the Blderslle Arran Townahip boundary line.
Township of Brant-The portion of Brant Township from and
including Lot 41 (41), Conoession A, southerly along the
centre line of the boundary road lying between Brant and
Greenook Townships to and including Lot No. Thirty-four (34),
Conceseion A and Lot 24, Concession B fallowing the centre
line of the road lying between the conceøsions of 12 and 13 to
and including Lot No.1, Cono.ssion 13, thence northerly
following the lot line of Lot No.1, Concession 13, northerly
to the lot lines between Cona..Bion thirteen (13) and fourteen
114). Following the lot linea easterly to the Saugeen River
1ncluding all lata on Concesaion fourteen (14) weBt of the
Saugeen River. Thence northerly following the centre of the
Saugeen River to the boundary road bet_en Brant and BlderBlie
Townahips. Thence westerly fallowing the centre line of the
boundary road between Brant and Blderslie Township to lot
Fo~ty-one (4l), ConceBsioD A inclusive.
Towne hip of Greenock-Using a starting point including Lot No.
fifty-eight (58) Boutherly along the centre of the boundary
road between the Oreenock, Bldersli. and Brant TownBhips
including all lots in Concession A to and including Lot No.
Thirty-three (33) thence westerly followinq the line between
Conc...ion tbirteen and fourteen to the centre line of County
Road No. fifteen (15). thence nortbwe.terly to the centre line
of count! Road No. one (1), thenoe northerly following the
centre 1 ne of the boundary road bet_en the Townships of
Oreenock and Bruae to and including Lot No. fifty-eight (58),
Coneesaion A.
2.
3.
4.
5.
Townahip of Bruce-Using a starting point on County Road 1
betw.eJl the Conce.sion of ODe and two westerly 81.ong the
property line between the above _ntioned concesBions from and
including all lots from Thirty-five (35) and lot twenty-one
(21), Conce..lon 2 inclusive. Following the centre line of
sideroad No. twenty (20) northerly to the lot line lying
between concesBion .even (7) and eight (8). westerly along
said line including all lot. from lot twenty (20). to lot
sixteen (16) ioelus! ve. FrQllt the centre line of si.de road No.
fifteen (15) northerly to tbe lot line between Coneeasion nine
(g) and ten (10). Westerly along the lot line of lata fifteen
(15) to Lot No. ..ven (7) inalu.Lv.. Thenee northerly along
the lot lineB lying between lot six (6) and .even (7) to the
centre line of Coanty Road Ro. eleven (11). Following
easterly along the oentre line of the boUndary 11n.. or the
centre line of County Road Ho. eleven (11) including
Conces.ion No. tourt.en (14) to oentre ot the boundary line
between the Town.hip of Bruce and the Township of Gr.enock.
Thence soutberly along the boundary road or boundary lines
between the Township of Bruce and the Township of Gr.enook to
and including Lot thirty-five (35), Conce.sion t_o (2).
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6. TOWIUIhip of Saugeen-udng a starting point of and including
Lot No. one (11 Concession ~, Saugeen Township following
northerly aloog the boundary line between Saugeen and
Blderslie Township and the centre line of aounty Road Ro. 3
(3) to and inaluding Lot Ro. eighteen (18), COnaesaioR A,
thence _sterly following the ceotre line of the River Road to
th. Saug.en River. Following the centre line of the Saugeen
River to Lot Ro. 34, Cono. 2 then westerly to and including
Lot 110. t.hirty-one (31), Cona...ion two (2) following
southerly along the lot line. between lots Ro. t.hirty-one (31)
and th1rty (30), Conaes.ion two (2) thenae westerly to and
including Lot no. twenty-nine (29) Conce..ion one (1). TheDae
southerly to the centre line of County Road eleven ( 11) .
pollowing easterly along the centre line of County Road No.
eleven (11) and the centre boundary line between the Township
of Saugeen end the Township of Bruce and Gre.nock, to and
including lot one (1) Concession A, Saugeen Township.
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