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HomeMy WebLinkAboutBRU 86 024 Repeal bylaw #86-20 THE CORPORATIO. OF THE TOW.SHIP OF BRUCE BY-LAW NO. 86-24 BEING A BY-LAW t.o aut.horize t.he ent.ering int.o an agreement. bet.ween t.he Corporat.ion, t.he Corporat.ion at: t.he Township o:f Kincardine, and t.he Corporat.ion o:f t.he Village o:f Tivert.on :for t.he const.ruct.ion and operat.ion o:f t.he Tivert.on and Dist.rict. Arena. NOW THEREFORE t.he Council o:f t.he Corporat.ion o:f t.he Township o:f Bruce enact.s as :follows: 1- That. t.he Corporat.ion do ent.er int.o an agreement. wit.h t.he Corporat.ion o:f t.he Township o:f Kincardine, and t.he Corporat.ion o:f t.he Village o:f Tivert.on which :forms part. o:f t.his by-law and a copy a:f which i8 heret.o at.t.ached. 2. That. t.he Reeve and aut.horized t.o execut.e Corporat.ion by t.heir of t.he Corporation. Clerk o:f the Corporat.ion are hereby the said agreeaent. on behal:f of t.he signatures and the af:fixing of the Seal 3. That this by-law will t.he Ontario ftunic1pal only be Board. effective after approval by 4. That. By-law No. 86-20 is hereby repealed. By-law int.roduced and read a First. tilRe this THIRD day of DECEftBER, 1986. By-law read a Second tiae this THIRD day of DECEftBER, 1986. By-law read a Third tiae and finally passed, signed, sealed, and nUlRbered 86-24 this THIRD day of DECEftBER, 1986. ~~¿-- ERK K.A. AJ>:I/ 77? rJ ~ RE~ _A SEAL - -- - - -- '¡fill"" ... J TIVERTON AND DISTRICT ARENA CONSTRUCTION AND OPERATIONAL AGREEMENT THIS AGREEMENT, made this fit~ BETWEEN day of tJo"~m¡'er , 1986 THE CORPORATION OF THE VILLAGE OF TIVERTON Hereinafter called the PARTY OF THE FIRST PART THE CORPORATION OF THE TOWNSHIP OF BRUCE Hereinafter called the PARTY OF THE SECOND PART THE CORPORATION OF THE TOWNSHIP OF KINCARDINE Hereinafter called the PARTY OF THE THIRD PART Whereas the Parties, hereto, are desirous of jointly constructing, owning, maintaining, and operating the Tiverton and District Arena pursuant to the provisions of the "Community Recreation Centres Act R.S.O. 1980, Chapter 80, Section 4, on lands within the boundaries of the Village of Tiverton. NOW THEREFORE THIS AGREEMENT WITNESSETH THAT in consideration of mutual convenants and conditions hereinafter contained and subject to the terms and conditions hereinafter set forth, the parties hereto which are from time to time referred to as Municipalities or individually as municipality agree to as follows: 1. That the Committee of Management (hereinafter called 'The Committee') is hereby established and shall be appointed by the Councils of the partici- pating municipalities and shall be composed of as follows: (a) two members of the Council of the Corporation of the Village of Tiverton (b) two members of the Council of the Corporation of the Township of Bruce (c) two members of the Council of the Corporation of the Township of Kincardine (d) one representative from the Tiverton District Minor Sports Association In the event any of the above representatives are unable to attend, their Councilor Minor Sports, respectively, may appoint an alternate. 2. The Clerk or the Clerk's assistant of the Village of Tiverton shall be the Committee Secretary-Treasurer. 3. The Committee shall be responsible for the following matters: (a) The said committee shall be responsible for all policies, rules, and regulations relating to the administration of the Arena. (b) The said committee shalt" hold regular monthly meetings. (c) The said committee shall elect a chairman and vice-chairman annually from among its members at its regular meeting in the month of December. (d) On or before the fifteenth day of January of each year, the said committee shall submit to each municipal treasurer for audit a statement of its financial affairs for the preceding calendar year. (e) On or before the first day of February, the said committee shall submit and interpret to each municipal council, a detailed estimate of its budget for the upcoming year. (f) The said committee may incur expenditures to the extent provided in the annual unanimously approved budget. An over run must be approved by all Councils. '" þ - 2 - (g) The said committee may prescribe fees for admittance to any part of the arena. (h) The said committee may appoint recreation workers full-time and shall be responsible for assigning the duties and responsibilities of such employees while in the arena. The committee may appoint part-time village employees to work in the arena but the village has priority in emergency situations and for holiday relief. The committee would not pay salaries and benefits less than what the village is paying. The village has final say on decisions to hire and fire these part-time employees. (i) All decisions of the Committee shall be carried by a simple majority of the total committee members. Four (4) members shall constitute a quorum of the committee. 4. The funding for the acquisition of land and construction of the proposed arena will be as follows: 1/3 of cost by public subscription. 1/3 of cost by government grant. If the above two thirds are achieved, then the municipalities will equally share the remaining third. The maximum amount to be shared by the municipalities will not exceed $333,000.00. The land the arena will sit upon, will be jointly owned by all three municipalities. 5. (a) All operational and capital costs of the Arena for each calendar year shall be shared equally amongst the parties of this agreement. The Capital Costs herein referred to are those in excess of $2,500.00 incurred after the Proposed Arena has been built and paid for. Each party to this agreement shall therefore pay one third (1/3) of all operational and capital costs'associated with the Arena. Any surplus after expenditures shall be applied to the following years expenditures. (b) ,Municipal allocations are due quarterly to the committee 'and will " be based on one quarter 0/4) of the annual levy. (c) After completion of construction of the arena, this agreement and aforementioned funding formula may be reviewed every five years, at the request of any party to this agreement, upon written notice to the other parties of this agreement. 6. The Committee Secretary-Treasurer shall maintain proper accounting records in which are set out all financial and other transactions relative to the operation of the Arena, including, without limiting the generality of the foregoing records relative to the operation of the Arena as foliows: (a) all the sums of money received and disbursed by the committee and the matters with which the receipts and disbursements took place; (b) all sales and purchases by the Committee; (c)' all assets and liabilities of the Committee; (d) all other transactions affecting the financial position of the Committee; 7. Any member of the Committee, on giving reasonable notice to the Secretary-Treasurer shall have access to the books of account from time to time for his review of the records. 8. The Secretary-Treasurer shall provide the Committee with copies of minutes of all meetings and monthly financial statements of revenue and expenses. ..... .J - 3 - 9. This agreement shall enure to the benefit of and be binding upon the parties hereto, their successors and assigns respectively and shall not be revoked, altered or amended without the consent in writing of the Councils of all parties to this agreement. 10. In the event that mutual consent or approval cannot be obtained on any matter or provision that requires same, as provided, herein, the provisions of the Arbitrations Act R.S.O. 1980, Chapter 25, as amended shall apply for the appointment of a single arbitrator who shall determine the matter and whose decision may be appealed. And whereas the parties hereto agree that any disagreement arising out of this agreement shall be referred to and determined by The Ontario Municipal Board pursuant to Paragraph 208(9) of The-Municipal Act, R.S.O. 1980, Chapter 302. , ' ., 11. This agreement shall be effective on the 1ft!, day of1¡",', /.^" J 1986. THE MUNICIPAL CORPORATION OF THE VILLAGE OF TIVERTON PER -_/ "') Reeve ;h(i '/Clerk ) / ( Y' o , . ~,. ) THE MUNICIPAL CORPORATION OF THE TOWNSHIP OF BRUCE PER 1tAV1~j m L~ Reeve /' $ll~ ~ Cierk THE MUNICIPAL CORPORATION OF THE TOWNSHIP OF KINCARDINE PER ,-XL Reeve ¿¡;/k~,/~h/~.h Cle !""' c ~,;;.t' - 2 - (g) The said committe may prescribe fees for admittance to any part of the arena. (h) The said committee may appoint recreation workers full-time and shall be responsible for assigning the duties and responsibilities of such employees while in the arena. The committee may appoint part-time village employees to work in the arena but the village has priority in emergency situations and for holiday relief. The committee would not pay salaries and benefits less than what the village is paying. The village has final say on decisions to hire and fire these part-time employees. (i) "All decisions of the Committee shall be carried by a simple majority of the total committee members. Four (4) members shall constit~ a quorum of the committee. IJ ,h ff¡ 1"f" <!}t 4. The funding for the acquisition of land and construction of the proposed arena will be as follows: 1/3 of cost by public subscription. 1/3 of cost by government grant. If the above two thirds are achieved, then the municipalities will equally share the remaining third. The maximum amount to be shared by the municipalities will not exceed $333,000.00. The land the arena will sit upon, will be jointly owned by all three ~ municipalities. , 1.", ,C BP'f·... -r" '5. (a) All operational and !tHl_I costs of the Arena for each calendar year shall be shared equally amongst the parties of this agreement. The Capital Costs herein referred to are those in excess of $2,500.00 incurred after the Proposed Arena has been built and paid for. Each party to this agreement shall therefore pay one third (1/3) of all operational and cpaital costs associated with the Arena. Any surplus after expenditures shall be applied to the following years expenditures. (b) Municipal allocations are due quarterly to the committee and will be based on one quarter (1/4) of the annual levy. (c) If 6. The Committee Secretary-Treasurer shall maintain proper accounting records in which are set out all financial and other transactions relative to the operation of the Arena, including, without limiting the generality of the foregoing records relative to the operation of the Arena as' follows: After completion of construction of the arena, aforementioned funding formula may be reviewed at the request of any party~ this agreement, to the other parties of this agreement. this agreement and every five years, upon written notice (a) all the sums of money received and disbursed by the committee and the matters with which the receipts and disbursements took place; (b) all sales and purchases by the Committee; (c) all assets and liabilities of the Committee; (d) all other transactions affecting the financial position of the Committee; 7. Any member of the Committee, on giving reasonable notice to the Secretary-Treasurer shall have access to the books of account from time to time for his review of the records. 8. The Secretary-Treasurer shall provide the Committee with copies of minutes of all meetings and monthly financial statements of revenueand expenses. "