2012-117 Amend Agreement with City of Barrie (LSR Airport)THE CORPORATION OF THE TOWNSHIP OF ORO- MEDONTE
BY -LAW NO. 2012 -117
A By -law to Amend By -law No. 2010 -015,
A By -law to Authorize the Execution of an Agreement between
The Corporation of the Township of Oro - Medonte and
The Corporation of the City of Barrie
for the establishment of a Municipal Services Corporation
(Lake Simcoe Regional Airport)
WHEREAS Section 203(1) of the Municipal Act, 2001 (Ontario) and Ontario Regulation
599/06 (as amended by Amended Ontario Regulation 371/07) permits the establishment of
a new corporation formed under the Business Corporations Act (Ontario) and designated as
a "municipal services corporation ";
AND WHEREAS the City of Barrie and the Township of Oro - Medonte entered into a new
agreement, in respect to, among other matters, (i) the operation, management and
improvement of the Airport in the name of Lake Simcoe Regional Airport Inc. and (ii) the
governance of Lake Simcoe Regional Airport Inc. by its shareholders thereof, as enacted
through By -law No. 2010 -015, a by -law to authorize the execution of an agreement between
The Corporation of the Township of Oro - Medonte and The Corporation of the City of Barrie
for the establishment of a municipal services corporation (Lake Simcoe Regional Airport),
on the 10th day of March, 2010;
AND WHEREAS the Township of Oro - Medonte and the City of Barrie, as Shareholders
of the Lake Simcoe Regional Airport, have agreed to amend the Lake Simcoe Regional
Airport Agreement dated the 13th day of May, 2010;
NOW THEREFORE the Council of the Township of Oro - Medonte hereby enacts as
follows:
That Section 5.11 of the Lake Simcoe Regional Airport Agreement dated the 13th
day of May, 2010, be deleted in its entirety and replaced with the following:
"5.11 In the interest of generating revenue, the Corporation may enter into leases with
respect to any portion of the Airport lands without the consent of the Shareholders
as follows:
A) The City of Barrie, as registered owner of the Airport lands, in trust, has
delegated to its Mayor and City Clerk the authority to enter into leases for
"airport related" purposes of the Airport lands on the recommendation of the
Board of the Corporation. The Corporation shall send to the City Clerk of
Barrie: (a) a copy of the Board's resolution recommending execution of such
lease(s); and (b) a copy of such lease(s), so that the City Clerk may arrange for
execution of such lease(s). A copy of this material shall concurrently be
provided to the Clerk of Oro - Medonte by the Board for information purposes.
B) The Corporation is authorized to enter into leases for non "airport related"
purposes, for a period not to exceed twenty -one (21) years less one (1) day.
The Parties agree that the proceeds from any such lease shall remain with the
Corporation to be applied against the annual operating, maintenance and
improvement costs of the Corporation. Such lease proceeds will be accounted for in
the annual budget.
The Board shall report to its Shareholders within 45 days of entering into a lease
with details of the completed transaction.
"Airport Related" means (i) all flight operations, and users of flight operations, at the
Airport and (ii) all services that are located at or near the Airport that have as their
primary business purpose, the provision of those services for Airport purposes.
Notwithstanding the definition of "Airport Related ", the Board of Directors of the
Corporation shall determine, on a case by case basis, whether an actual service or
proposed service, is "Airport Related". "
2. This by -law shall take effect on the final passing thereof.
BY -LAW READ A FIRST, SECOND AND THIRD TIME, AND PASSED THIS 13TH DAY
OF JUNE, 2012.
THE CORPORATION OF THE TOWNSHIP OF ORO- MEDONTE