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Home My WebLink AboutBRU 91 037 agree fire protect · -. SEAL THE CORPORATION OF THE TOWNSHIP OF BRUCE BY-LAW NO. 91-37 BEING A BY-LAW to authorize a Fire Protection Agreement. WHEREAS, Section 208(5) and Paragraph 24 of Section 210 of The Municipal Act, R.S.O. 1980, Chapter 302, provide that by-laws may be passed by Councils of municipalities for entering into agreements with one or more municipalities to provide for the joint management and operation of a fire department upon such terms as may be agreed upon. AND WHEREAS, The Corporation of the Township of Kincardine, The Corporation of the Township of Bruce, and The Corporation of the Village of Tiverton have agreed to establish, maintain and operate a fire department known as the Tiverton and District Fire Department. NOW THEREFORE, all parties agree to sign the attached Fire Department Agreement, attached hereto, as Schedule "A". That the Reeve and Clerk are hereby authorized to execute the said agreement. That we now repeal By-law No. 83-7. fi.'(~~~ þ.., ct (t.;-, r¿ By-law introduced and read a First time this NINETEENTH day of NOVEMBER, 1991. By-law read a Second time this NINETEENTH day of NOVEMBER, 1991. By-law read a Third time and finally passed, signed, sealed, and numbered 91-37 this NINETEENTH day of NOVEMBER, 1991. ~- £¿t- i" CLERK REEVE ~ - ---" ~ , . . :.,L . ~ J< .. ~ "IRK PRCWIIC'fI" .".,- THIS AGREEMENT made this day of A.D. 1991. BET WEE N: THE CORPORATION OF THE TOWNSHIP OF KINCARDINE (Hereinafter called "Kincardine") OF THE FIRST PART and THE CORPORATION OF THE TOWNSHIP OF BRUCE (Hereinafter called "Bruce") OF THE SECOND PART and THE CORPORATION OF THE VILLAGE OF TIVERTON (Hereinafter called "Tiverton") OF THE THIRD PART WHEREAS, Section 208(5) and Paragraph 24 of Section 210 of The Municipal Act, R.S.O. 1980, Chapter 302, provide that by-laws may be passed by Councils of municipalities for entering into agreements with one or more municipalities to provide for the joint management and operation of a fire department upon such terms as may be agreed upon; AND WHEREAS, the parties hereto have in the past agreed to establish, maintain and operate a fire department known as the Tiverton and District Fire Department; AND WHEREAS the parties hereto have agreed to terminate their previous agreement and have agreed to pass identical by-laws for entering into the within Agreement, as per draft by-law attached as Schedule "E". NOW THEREFORE THIS AGREEMENT witnesseth that in consideration of the mutual covenants contained herein, the parties agree as follows: 1. MIa The parties agree that they shall maintain and operate a Fire Department known as the Tiverton and District Fire Department (hereinafter called the "Fire Department") which shall serve the fire protection area more particularly described in Schedules "A", "B", "C-l", and "C-2", attached hereto, and forming part of this Agreement. . . .t_R .~ ~ ~.".~ ~... - 2 - 2 . BOun 01' II............. (a) A joint Board of Management composed of two (2) members of Council. from each of Kincardine and Bruce, and one (1) member of Council from Tiverton (hereinafter called the "Board") shall manage and operate the Tiverton and District Fire Department. (b) The Board shall elect yearly from its members a chairman, who shall be empowered to call meetings when necessary, and a secretary-treasurer who shall receive all accounts and present these accounts to the Board for approval of payment and who shall also record the minutes. (c) There shall be one meeting of the Board each month at the call of the chairman. (d) All decisions of the Board shall be passed by a simple majority. (e) Without limiting the this paragraph the powers and duties: generali ty of Board shall sub-paragraph (1) of have the following (i) The Board shall be empowered to attend to payment of all accounts relating to the Fire Department. (ii) It shall be the duty of the Board to approve all accounts relating to the Fire Department prior to the payment of such accounts, and upon such accounts being approved by the Board, the chairman and the secretary-treasurer shall have the authority to pay such accounts. (iii) The Board shall prepare an annual budget which shall be presented to the Councils of each of the parties, hereto, on or before the 1st day of April in each year. The budget shall not be deemed to be accepted until approved by the Councils of each of the parties hereto. (iv) The Board shall be responsible for providing adequate facilities to accommodate the fire apparatus and equipment and adequate facilities for the day to day operation of the Fire Department. .. , . . . - 3 - (v) The Board shall pay the wages of the firefighters on a quarterly basis for the period from the 1st day of January to the 31st day of the following December, in each year which waqes shall be payable forthwith after the 31st day of December, in each year. 3 . IŒT BIllIG IOUIPIIIIT It is understood and agreed by each of the parties hereto that the existing equipment including Fire Department land and building is owned by the municipalities in shares as determined by the percentage formula in paragraph 4(a) of this agreement. The parties further acknowledge and agree that the auto extrication equipment is not owned jointly by all three parties hereto, but belongs in equal shares to Kincardine and Bruce only. 4. SRIIII(IIG 01' COSTS The parties agree that each shall contribute funds to pay for the operating costs of the Fire Department upon the following basis: (a) From the date hereof to the 1st day of January, 1992, the contribution of each of the parties to the operating costs shall be as follows: Kincardine - 0.43 x Operating Costs Bruce - 0.4l x Operating Costs Tiverton - 0.16 x Operating Costs (b) Annually starting January 1st, 1992, the contribution of each of the parties to the operating costs shall be reviewed based on the following formula: Aø&ellll_nt of the IDdividaal Municiaality x Operating CoIItll Total ŸlleII...o of of !bree Municipalitiell In the event the annual review does not occur, the last approved formula will continue in effect until the next review. , . . . L - 4 - In the event that one change to market value equalization factor be assessments equitable. or more municipalities assessment, that an used to make all (c) For the purposes of sub-paragraph (b) of this paragraph "assessment" shall mean the market value assessment, as established by and under The Assessment Act and in addition thereto, there shall be added the following figures for assessment on public or institutional buildings, located within the Village or Townships which are not otherwise assessed under the said Assessment Act, and which buildings together with their amounts are set out in Schedule "D" attached hereto and forming part of this Agreement. The Bruce Nuclear Power Development assessment is not included. In the case of the Township of Bruce and the Township of Kincardine assessment shall only refer to the assessment for the area within their respective municipalities affected by this fire agreement, as shown on Schedule "A" and "B" attached hereto. (d) In this agreement, "operating costs" shall be the actual operating costs of the Fire Department which are provided for in the annual budget including capital expenditures provided for in the budget but excluding wages paid to firefighters while they are actually engaged in firefighting and which are billed to the municipality under paragraph 5 of this agreement. 5. In addition to the aforesaid, the parties agree that each shall pay the actual wages payable to the fire- fighters for attending emergency calls within their respective municipal boundaries. For the purpose of clarification the said "wages" are the wages actually paid to the firefighters while engaged from the time they leave the said Fire Hall until the time they return to the said Fire Hall, and the apparatus and equipment is placed back in service. , < - 5 - 6 . DUllS 01' P AYIIIIIT The parties hereto agree that operating costs will be billed by the Board to Kincardine, Bruce and Tiverton on a quarterly calendar year basis and will be payable forthwith after receipt of bill. The parties hereto further agree that amounts due under paragraph 5 of this Agreement will be billed by the Board to Kincardine, Bruce and Tiverton on the last days of March, June, September, and December in each year or as soon thereafter as is practicable and these amounts will be payable forthwith after receipt of the bill. 7 . anftInfWar. COSTS The parties agree that in the event that the Fire Department proposes to incur capital expenditures, maintenance costs or other operating costs which are not provided for in the annual budget, then these additional costs shall be first approved by the Councils of each of the parties hereto and these additional costs shall be contributed to on the same basis as the parties contribute to the operating costs pursuant to Paragraph 4 of this Agreement. 8. ~IoLUIm IOUIPIaT The parties hereto shall not be special or specific equipment municipality. bound to provide any required by anyone 9. JD!IIORI'fI 01' I'IRK -aD_< All parties to this Agreement shall give such authority as may be necessary to the members of the Tiverton Fire Department in all matters pertaining to fire protection during the active performance of their duties. 10. _ CI ,.arr·s The Fire Department shall endeavour to attend, as soon as possible at all emergency calls from areas of the parties hereto, with all necessary equipment and such number of members of the Fire Department as deemed necessary, at the discretion of the Fire Chief, Deputy Chief or Officer-in-Charge. , - 6 - 11. I~- II'I~&~IOI The parties hereto shall save harmless and keep indemnified the members of the 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. 12. III.&~T" This Agreement shall terminate on the thirty-first day of December, 1997, but failing two (2) months written notice by one party to the others, this Agreement shall continue in force until another Agreement is made. 13. In the event that any of the parties hereto wishes to withdraw from the Fire Department and the Board, it may do so at any time after January 1st, 1992, provided that it has given twenty-four months prior written notice to the other parties. 14. In the event that this Agreement is terminated pursuant to Paragraph 12, hereof, the parties shall divide or distribute the assets of the Fire Department and in the event that the parties fail to agree on a method of division or distribution of the assets, then the matter shall be submitted for arbitration pursuant to paragraph 16 hereof. 15. In the event that one party withdraws from the Agreement pursuant to Paragraph 13, hereof, then the assets of the Fire Department shall belong to the remaining parties who shall pay to the withdrawing party such compensation for its interest in the assets as the parties may agree upon, unless two parties have withdrawn from the Agreement within thirty days of one another in which event the assets of the Fire Department shall belong to the withdrawing parties who shall pay to the remaining party such compensation for its interest in the assets as the parties may agree upon. In the event that the parties fail to agree on the compensation payable under this paragraph to either the withdrawing party or to the remaining party, then the matter shall be submitted to arbitration pursuant to Paragraph 16 hereof. , - 7 - 16. All matters in difference between the parties, hereto, shall be referred to the Judge of the County Court of the County of Bruce for determination as the sole arbitrator pursuant to The Arbitrations Act, R.S.O. 1980, Chapter 25. The determination of the Judge of the County Court of the County of Bruce shall be binding upon the parties hereto. Without limiting the generality of the foregoing, any dispute involving the respective contributions of the parties pursuant to Paragraph 4, hereof, or any disagreement as to the annual budget of the Fire Department, or by the Fire Department pursuant to Paragraph 7 hereof, may be referred to arbitration by any party, hereto, pursuant to this provision and the determination of the Judge of the County Court shall be binding upon all parties hereto. 17. The parties hereto agree that they shall pass all necessary by-laws to give full force and effect to this Agreement. 18. S~&RILI'fI In the event that any covenant, provision or term of this Agreement should at any time be held by a competent tribunal to be void or unenforceable, then the Agreement shall not fail 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 and effect mutatis mutandis. 19. 1iU--IIIG r.&V This Agreement shall be construed in accordance with the Laws of Ontario. IN WITNESS WHEREOF the said parties hereto have hereunto affixed their corporate seals under the hands of their proper signing officers duly authorized in that behalf. .. - 8 - THE CORPORATION OF THE TOWNSHIP OF KINCARDINE REEVE CLERK-TREASURER THE CORPORATION OF THE TOWNSHIP OF BRUCE REEVE CLERK-TREASURER THE CORPORATION OF THE VILLAGE OF TIVERTON REEVE CLERK-TREASURER ¡", I ~I' . t '\. ' '~~;~~;~(~,: ~1111 , ("....11 " 'I t~ ~/. >."~"~)...J': , 'kIT1:1 : : ,-, !" ~~. ~r~1:i],'f;(',~~::ìl II J) : ! \ ' I I I I ~ I I I \ 1,.'1. 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THE CORPORATIOR OF THE TOWIISBIP OF BRUCE BY-LAW NO. 91-37 BEING A BY-LAW to authorize a Fire Protection Agreement. WHEREAS, Section 208(5) and Paragraph 24 of Section 210 of The Municipal Act, R.S.O. 1980, Chapter 302, provide that by-laws may be passed by Councils of municipalities for entering into agreements with one or more municipalities to provide for the joint management and operation of a fire department upon such terms as may be agreed upon. AND WHEREAS, The Corporation of the Township of Kincardine, The Corporation of the Township of Bruce, and The Corporation of the Village of Tiverton have agreed to establish, maintain and operate a fire department known as the Tiverton and District Fire Department. NOW THEREFORE, all parties agree to sign the attached Fire Department Agreement, attached hereto, as Schedule "A". That the Reeve and Clerk are hereby authorized to execute the said agreement. That we now repeal By-law No. 83-7. By-law introduced and read a First time this NINETEENTH day of NOVEMBER, 1991. By-law read a Second time this NINETEENTH day of NOVEMBER, 1991. By-law read a Third time and finally passed, signed, sealed, and numbered 91-37 this NINETEENTH day of NOVEMBER, 1991. CLERK REEVE SEAL ~-,¢