HomeMy WebLinkAboutBRU 90 028 agree waste mgmt
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THE CORPORATION OF THE TOWNSHIP OF BRUCE
BY-LAW NO. 90-28
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.
By-law introduced and read a First time this TWENTY-EIGHTH day
of AUGUST, 1990.
By-law read a Second time this TWENTY-EIGHTH day of AUGUST, 1990.
By-law read a Third
numbered 90-28 this
time and finally passed, signed, sealed,
....TY-.,GHTH day o~ "',.
fZt~·
REEVE
and
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1
This agre..ent aade this
Between
and
and
day of
,1990.
The Corporation of the Township of KincardIne as Party
of the 'irst Part
The Corporation of the Township of Bruce .s Party of
the Second Part
The Corporation of the Village of Tlverton as Party of
the Third Part .
Whereas the parties of the first , second part are desirous of
jointly owning a vaste aanagement 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 Hunlclpal Act R.S.O 1980, chapter 302 section
208(S) .
And Ihereas the parties hereto have agreed to mutually share the
services hereinafter described In connection with the aalntenance
and operation of this waste aanagement vehicle within each of the
three municipalities.
.
How Therefore this Agree.ent witnesseth that in consideration of
the .utual covenants and pro.lses herein contained, the parties
agree as follovs.
1.
(al
(bl
(el
(d)
2.
(al
(b)
(c)
(4)
(e)
(f)
3.
(a)
1 Joint Board of laste Management (bereinafter
called "the Board") shall be created to
administer terms of this agreement.
The Board shall be composed of two aembers of
council from each of the two townships and one
ae.ber of council froa the village.
The Board shall annually appoint a chair froa
amoR9 the members of the Board.
The Board sball aeet Quarterly in February, Hay,
August and Hovember. Special meetings aay be
called by the chair or on a reQuest by any of tbe
participating Councils.
1 waste management vehicle for the purpose of this
agreement shall mean a compactor truck with bins
for recyclable aaterlals.
In this agreeaent garbage shall mean household
9a~bage only and recyclable mate:ials shall be
those that are deslgnatea by each of theparti~s
for thei~ respective aunicipalities.
This vaste disposal pick-up to be provided at
gatevay 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 apd the public road. .
The garbage an6 ~ecyclables collected vill be
unloaded at a site designated by the aunicipality
from vhich it vas collected.
Designing the collection routes within each
aunicipality shall be the responsibility of .the
municipality's rep~esentative(s) on the Boa~d in
consultation with the vaste manage.entvehie1e
operator.
The schedule for pick-up viII be prepared by the
vehicle operator and shall be approved by the
Board.
The Township of Kincardine viII be responsible for
the day by day operation of tht~ vehlc}..
<~..~~
6.
7.
8.
4.
5.
(b)
(c)
(a)
(b)
(c)
(d I
(a)
(b)
(a I
2
(b)
Accurate recorda for this vehicle will be
maintained showing distance driven, fuel ~ed and
maintenance required, and presented to the:Board
for assessaent at each of their Quarterly ;
meetings. .
The Township of Kincardine will be respons1Þle for
staffing the vehicle and the pay scale used will
conform with that of the Township of Kincar'ine.
Accurate staffing records and costs will be
available for each mee~ing of the Board. .
All administrative costs will be absorbed by the
Township of Kincardine until January 1, 1992.
The capital costs relating to this waste
management vehicle shall be shared by the Plrties
of the first and second part of this agreem.nt,
which will give these parties proprietar~ rights
to the vehicle.
The percentage shares for these capital costs will
be as follows:
Kincardine Township 63'
Bruce Township 37'
All cost, other than capital, including
aaintenance, operating, or any ancillary expense
relating to this waste management vehicle shall be
shared by all parties to this agreement.
All costs for rental equipment required in the
event of·a breakdown or unforseen situation shall
be shared by all parties to this agreement.
All labour costs relating to the staffing of this
waste management vehicle shall be shared by all
parties to this agreement.
The cost sharing basis for all costs associated
with item 5 (a), (b), (c) in this agreement shall
be on the number of households. Bach
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 'Jf this waste
management project.
The current percentages based on the current
number of households provide the following sharing
arrangement.
Kincardine Township 55'
Bruce Tovnship 33'
Tiverton 12'
As the participating municipalities' populations
change the Board may revise the percentages for
cost sharing on an annual basis if deemed
necessary. .'
Until January 1, 1992 Tlverton will not be
assessed a surcharge In lieu of proprietary
rights. Following that date, surcharges, if any,
will be at the discretion of the Board and may not
be imposed retroactively.
Kincardine Township viII present a budget to the
Board for their February meeting with a non-
audited statement of the previous years'
operation.
Parties of the Second and Third Part to this
agreement will pay their percentag~ share of the
budget to the Township of Kincardine In equal
quarterly instalments on the 15th day of Harch,
June, September and December. .
(c)
(d)
(a)
(b)
(a)
This agreement shall coae into force and shall be
binding on the parties effective.~1990.
...............)-
(bl
(c)
(d)
3
This agree.ent shall re..in in force until
termination by any party to the agreement.
Any party may terminate this a9reement by
delivering written Notices of Termination to the
clerks of the other municipalities. Ninetýdays
notice is required for termination.
In the event that a party with proprietary tights
terminated this agreement then the other patty
vith proprietary rights would reimburse the
terminating municipality for its depreciate.
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 Arbitratioa
Act, R.S.O. 1980, Chapter 2S, and the parties
jointly and severally agree to be bound by such
award and that no appeal shall be taken therefrom.
In litness Whereof the said Corporations have hereunto affixed
their corporate seals duly attested by the hands of their proper
officers .
'l'his
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
Reeve
Clerk
."
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