HomeMy WebLinkAboutBRU 86 020 Agree Tiv Arena
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THE CORPORATION OF THE TOWNSHIP OF BRUCE
BY-LAW NO. 86-20
1. That the
BEING A BY-LAW to authorize the
ering into an agreement
of the Township of
Tiverton for
an District
between the Corporation,
The
Kincardine, and the Corporation of
the construction and operation
Arena.
NOW THEREFORE the Council
Corporation 0 the Township of
enter in~ an a reement with
he Township o:-°kinca
Bruce enacts as follows:
2.
the Corporation
Corporation of
part of this
attached.
of fvert
/
cgJ'y of
th Village
by-law
which forms
ì
authorized
the Corpor
are hereby
on behalf of
and the affixing
By-law introduc
NOVEMBER,
n S[l
a First
this FIFTH day of
By-law
FIFTH day f NOVEMBER, 1986.
By-law
numbered 86
time and finally signed, sealed, and
FIFTH day of NOVEMBE , 1986.
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TIVERTON AND DISTRICT ARENA
CONSTRUCTION AND OPERATIONAL AGREEMENT
THIS AGREEMENT, made this
BETWEEN
, 1986
day of
THE CORPORATION OF THE VILLAGE OF TIVERTON
Hereinafter ca 11 ed the
PARTY OF THE FIRST PART
THE CORPORATION OF THE TOWNSHIP OF BRUCE
Hereinafter ca 11 ed the
PARTY OF THE SECOND PART
THE CORPORATION OF THE TOWNSHIP OF KINCARDINE
Hereinafter ca 11 ed 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:
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(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 shall 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.
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(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.
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(g) The said committe may prescribe fees for admittance to any part of the
arena.
(i)
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.
All decisions of the Committee shall be carried by a simple majority iJ' JtJi.
of the total committee members. Four (4) members shall constittk a ì)¡PJ:.~
quorum of the committee.
(h)
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). Al-l operational and G;';,'[ri¡ costs of the Arena for each calendar l,J~J;,¡{1
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)
(c)
Municipal allocations are due quarterly to the committee and will
be based on one quarter (1/4) of the annual levy.
After completion of construction of the arena, this agreement and ~J I<~
aforementioned funding formula may be reviewed every five years, ~p~~
at the request of any party~ 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 follows:
(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.
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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
day of
1986.
THE MUNICIPAL CORPORATION OF THE
VILLAGE OF TIVERTON
PER
Reeve
Clerk
THE MUNICIPAL CORPORATION OF THE
TOWNSHIP OF BRUCE
PER
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THE MUNICIPAL CORPORATION OF THE
TOWNSHIP OF KINCARDINE
November 3, 1986.
PER
)¿; )r
.('/~
Reeve
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