HomeMy WebLinkAboutBRU 91 020 agree garbage
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BY-LAW NO. 91-20
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.
VPRRRaR the parties hereto under the provisions of the Municipal
Act R.S.O. 1980, Chapter 302, Section 208(51, may enter into an
agreement with one or more municipalities to provide for the
joint management and operation for garbage disposal systems.
AND WRRDRJl.R 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.
HOW 'l'HBRBI'ORB 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 of the Corporation thereto.
Each Corporation shall receive back one executed copy of the
agreement after it has been signed by both parties.
By-law introduced and read a First time this TWENTY-THIRD day of
JULY, 1991.
By-law read a Second time this TWENTY-THIRD day of JULY, 1991.
By-law read a Third time and finally passed, signed, sealed, and
numbered 91-20 this TWENTY-THIRD day of JULY, 1991.
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I REEVE
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SCHEDULE 'A'
To By-Law No. 91-20
This agreement made this twenty-third day of July, one thousand
nine hundred and ninety-one.
BETWEEN
The Corporation of the Township of Bruce
Hereinafter Called the Party of the FIRST PART
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. 1980, Chapter 302, Section 208(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
member as
Management,
represented
of Tiverton shall have one council
a representative on the Joint
and the Township of Bruce
by three council members.
Board of
shall be
(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 hours
mutually agreed upon by both of the parties hereto, and
may be altered from time to time in the same manner.
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(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 1990 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 costs sharing
population
percentage
Township of Bruce
Village of Tiverton
1,429
707
67\
33%
(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 costs shall be
purchases, purchase of a
assessment costs.
interpreted as any equipment
new site, or any environmental
(c)
Notwithstanding the capital
Village of Tiverton, all capital
by the Township of Bruce and can
as they wish.
contribution
assets will be
be disposed of
by the
owned
by them
(d) Any funds received 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.
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 3(b). The surcharge is in
consideration of additional costs assumed by Bruce
Township as owner/operator of the site. The surcharge
results in the Village of Tiverton paying 38% of
operational costa, but leave their share of capital
costs at 33\.
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(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) Such capital and operational costs as aforementioned
will be annually decreased by recoveries from rent of
adjoining land, user fees, grant monies, or any other
revenues.
(d) In the event that the agreement is terminated, the
Township of Bruce will assume outright ownership of all
assets, and the Village of Tiverton will not be
reimbursed for any assets with which they might have
contributed paying for.
6.
(a)
A statement
be provided
the December
of all capital and operational costs ahall
annually to the Village of Tiverton with
31st invoice.
(b) The Join~ Board of Management will present a budget to
the Township of Bruce and the Village of Tiverton for
their March meetings.
(c) The Village of Tiverton agree to pay to Bruce Township
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 be
binding on both parties effective August l, 1991.
(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 council of the
other municipality. Twelve months notice is required
for termination.
(d) Any dispute, controversy or stalemate arising out of
the provisions of this Agreement, interpretation
thereof or 1n 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. 1980, Chapter 302, Section 208(9).
The costs of any such dispute shall be shared by the
parties in such ratio as set by the Ontario Municipal
Board.
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IN WITNESS WHEREOP the said parties have hereunto affixed their
corporate seals duly attested by the hands of their proper
officers.
This
e:J.jA"/
day of
~J " It¡
1991.
oration of the Township of
Reeve
~
. Clerk
of the Village of
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Reeve
pe<h)~AkkJ
Clerk