HomeMy WebLinkAboutBRU 90 036 agree waste mgmt
THE CORPORATION OF THE TOWNSHIP OF BRUCE
BY-LAW NO. 90-36
.
BEING A BY-LAW to authorize the entering into an agreement
between The Corporation of the Township of Kincardine as Party of
the First Part, and The Corporation of the Township of Bruce as
Party of the Second Part, and the Corporation of the Village of
Tiverton as Party of the Third Part.
WHEREAS the parties of the first and second part are desirous of
jointly owning a waste management vehicle and all parties hereto
are desirous of jointly operating this vehicle. The joint
ownership and the joint operation would be conducted under the
provisions of the Municipal Act R.S.O. 1980, Chapter 302, Section
208(5).
AND WHEREAS the parties hereto have agreed to mutually share the
services hereinafter described in connection with the maintenance
and operation of this waste management vehicle within each of the
three municipalities.
NOW THEREFORE the Council of the Corporation of the Township of
Bruce enacts as follows:
1. That the Corporation do enter into an agreement for waste
management services which forms part of this by-law and a
copy of which is hereto attached.
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 all three parties.
That By-law No. 90-28 is hereby repealed.
By-law introduced and read a First time this TWENTY-THIRD day of
OCTOBER, 1990.
By-law read a Second time this TWENTY-THIRD day of OCTOBER, 1990.
By-law read a Third
numbered 90-36 this
time and finally
TWENTY-THIRD day
passed, signed, sealed, and
CLERK
of f/P l~
! - REEVE
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This agreement made this
day of
1990.
Between
The Corporation of the Township of Kincardine as Party
of the First Part
and
The Corporation of the Township of Bruce as Party of
the Second Part
and
The Corporation of the Village of Tiverton as Party of
the Third Part
Whereas the parties of the first & second part are desirous of
jointly owning a waste management vehicle and all parties hereto
are desirous of jointly operating this vehicle. The joint
ownership and the joint operation would be conducted under the
provisions of the Municipal Act R.5.0 1980, chapter 302 section
208( 5).
And Whereas the parties hereto have agreed to mutually share the
services hereinafter described in connection with the maintenance
and operation of this waste management vehicle within each of the
three municipalities.
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 Waste Management (hereinafter
called "the Board") shall be created to
administer terms of this agreement.
(b) The Board shall be composed of two members of
council from each of the two townships and one
member of council from the village.
(c) The Board shall annually appoint a chair from
among the members of the Board.
(d) The Board shall meet quarterly in February, Hay,
August and November. Special meetings may be
called by the chair or on a request by any of the
participating Councils.
2. (a) A waste management vehicle for the purpose of this
agreement shall mean a compactor truck with bins
for recyclable materials.
(b) In this agreement garbage and recyclable materials
shall be those that are designated by each of the
parties for their respective municipalities.
(c) This waste disposal pick-up to be provided at
gateway or curbside for each ratepayer living
on a public road and for those ratepayers living
on a private road at the intersection of the
private road and the public road.
(d) The garbage and recyclables collected will be
unloaded at a site designated by the municipality
from which it was collected.
(e) Designing the collection routes within each
municipality shall be the responsibility of the
municipality's representative(s) on the Board in
consultation with the waste management vehicle
operator.
(f) The schedule for pick-up will be prepared by the
vehicle operator and shall be approved by the
Board.
3. (a) The Township of Kincardine will be responsible for
the day by day operation of this vehicle.
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(b) Accurate records for this vehicle will be
maintained showing distance driven, fuel used and
maintenance required, and presented to the Board
for assessment at each of their quarterly
meetings.
(c) The Township of Kincardine will be responsible for
staffing the vehicle and the pay scale used will
conform with that of the Township of Kincardine.
Accurate staffing records and costs will be
available for each meeting of the Board.
(d) All administrative costs will be absorbed by the
Township of Kincardine until January 1, 1992.
4. (a) The capital costs relating to this waste
management vehicle shall be shared by the parties
of the first and second part of this agreement,
which will give these parties proprietary rights
to the vehicle.
(b) The percentage shares for these capital costs will
be as follows:
Kincardine Township 63\
Bruce Township 37\
5. (a) All cost, other than capital, including
maintenance, operating, or any ancillary expense
relating to this waste management vehicle shall be
shared by all parties to this agreement.
(b) All costs for rental equipment required in the
event of a breakdown or unforseen situation shall
be shared by all parties to this agreement.
(c) All labour costs relating to the staffing of this
waste management vehicle shall be shared by all
parties to this agreement.
6. (a) The cost sharing basis for all costs associated
with item 5 (a), (b), (c) in this agreement shall
be on the number of households. Each
municipality's total number of households shall be
calculated as a percentage of the total number of
households in all three participating
municipalities. This percentage shall be that
municipality's share of the costs of this waste
management project.
(b) The current percentages based on the current
number of households provide the following sharing
arrangement.
Kincardine Township 55\
Bruce Township 33\
Tiverton 12\
(c) As the participating municipalities' populations
change the Board may revise the percentages for
cost sharing on an annual basis if deemed
necessary.
(d) In lieu of proprietary rights, Tiverton will be
assessed 1/2 of one percent of the year's
operating cost as a surcharge. This surcharge, to
be used to offset operating costs, will be payable
to the party of the first part with their payment
on March 15th based on the previous year's costs.
7. (a) Kincardine Township will present a budget to the
Board for their February meeting.
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(b) Parties of the Second and Third Part to this
agreement will pay their percentage share of the
budget to the Township of Kincardine in equal
quarterly instalments on the 15th day of March,
June, September and December. (For the previous
year's operation an equalizing payment invoice or
refund notice will be presented to the parties of
the second and third part by the party of the
first part, along with an unaudited statement of
the previous year's operating costs by January 31. )
8. (a) This agreement shall come into force and shall be
binding on the parties effective November 1, 1990.
(b) This agreement shall remain in force until
termination by any party to the agreement.
(c) Any party may terminate this agreement by
delivering written Notices of Termination to the
clerks of the other municipalities. Six months
notice is required for termination.
(d) In the event that a party with proprietary rights
terminated this agreement then the other party
with proprietary rights would reimburse the
terminating municipality for its depreciated
equity in the vehicle as determined by a majority
of the Board. In the event that the Board is
unable to agree on a settlement acceptable to the
terminating party the disagreement shall be
submitted to arbitratIon under the Arbitration
Act, R.S.O. 1980, Chapter 25, and the parties
jointly and severally agree to be bound by such
award and that no appealshaU be taken therefrom.
In Witness Whereof the said Corporations have hereunto affixed
their corporate seals duly attested by the hands of their proper
officera-.
This
day of
1990.
The Corporation of the Township of
Kincardine
Reeve
Clerk
The Corporation of the Township of
Bruce
Reeve
Clerk
The Corporation of the Village of
Tiverton
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