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HomeMy WebLinkAboutBRU 90 028 agree waste mgmt ~. 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 ...~._- ..::-~---~ - /,r' { :;.::....~ .... - /-.. , --- " -. ./_~~~ -- --<~-¿-~~-:--- . ~~....ac....:.:~ 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 ." -