1997-011 To Enter into an Agreement with the Township of Severn to enable full participation in the Affairs of the Board of Management to oversee the operation of the Coldwater and District Community Centre
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THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE
BY-LAW NO. 97- 11
BEING A BY-LAW TO ENTER INTO AN AGREEMENT WITH THE TOWNSHIP OF
SEVERN TO ENABLE FULL PARTICIPATION IN THE AFFAIRS OF THE
BOARD OF MANAGEMENT TO OVERSEE THE OPERATION OF THE COLDWATER
AND DISTRICT COMMUNITY CENTRE FACILITY AND THE COLDWATER
FAIRGROUND
WHEREAS a Community Recreation Facility, known as the
Coldwater and District Community Centre and a Fairground,
including a Ball Diamond, Race Track and other recreational
amenities have been established on lands described as Part Lot
22, Concession 12, previous Township of Medonte, subsequently
the former Village of Coldwater, now the Township of Severn,
Registered in the Land Registry Office in the County of Simcoe
as Instrument Number 844, dated January 10, 1938, and
Instrument No. 519532, dated June 20, 1951, respectively;
AND WHEREAS the County of Simcoe Act, S.O. 1993, Section 5(2),
deems the Council of each local Municipality to be a
Recreation Committee under the Ministry of Tourism and
Recreation Act, a Committee of Management of a Community
Recreation Centre under the Community Recreation Centres Act
and a Board of Park Management under the Parks Act;
AND WHEREAS the County of Simcoe Act, S.O. 1993, Section 5(2),
provides that a Council deemed to be a Board or Commission
under Section 5(1) of the said Act may exercise the powers
under the Municipal Act, R.S.O. 1990, Chapter M.45, Section
207, Paragraph 58;
AND WHEREAS the Municipal Act, R.S.O. 1990, Chapter M.45,
Section 297, Paragraph 58 (d), provides that the Council of a
Municipality may enter into an Agreement with the Council of
another Municipality to provide for the participation of such
other Municipalities on a Board of Management established
under the aforementioned legislation;
AND WHEREAS the Township of Severn did pass By-Law No. 1996-95
on the 7th day of November, 1996 to provide for the
establishment of a Board of Management to oversee the
operation of the Coldwater and District Community Centre
Facility and the Coldwater Fairground;
AND WHEREAS the Corporation of the Township of Oro-Medonte
deems it desirable to become a full participant in the affairs
of the Board of Management as established under By-Law No.
1996-95 of the Township of Severn;
NOW THEREFORE the Council of The Corporation of the Township
of Oro-Medonte hereby enacts:
1. That the Terms of Reference for participation as
established by By-Law No. 1996-95 of the Township of
Severn are hereby adopted.
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2. That an annual grant provided for in Section 5, Subsection
5.2.2 may be contributed in accordance with Section 5,
Subsection 5.5.2.
3. That in the event that the Township of Oro-Medonte desires
to withdraw from participating in the Board of Management,
30 days notice shall be provided to the Township of Severn.
4. That upon notification of withdrawal from participation in
the Board of Management, grants as provided for under
Section 5, Subsection 5.2.2 shall cease.
5. That By-Law No. 95-05 of the Township of Oro-Medonte is
hereby repealed.
6. That this By-Law shall come into force and take effect on
the date of passing thereof.
By-Law read a first and second time this 5th day of February 1997.
By-Law read a third time and finally passed this 5th day of
February , 1997.
CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE
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MAYOR, IAN BEARD
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THE CORPORATION OF THE TOWNSHIP OF SEVERN
BY-LAW NO. 1996-95
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BEING A BY-LAW TO PROVIDE FOR THE ESTABLISHMENT OF A B'61ffi:D
MANAGEMENT TO OVERSEE THE OPERATION OF THE COLDWATER AND DISTRICT
COMMUNITY CENTRE FACILITY AND THE COLDWATER FAIRGROUND
WHEREAS a community Recreation Facility, known as the
Coldwater and District Community Centre and a Fairground, including
a Ball Diamond, Race Track and other recreational amenities have
been established on lands described as Part Lot 22, Concession 12,
previous Township of Medonte, subsequently the former Village of
Coldwater, now the Township of Severn, Registered in the Land
Registry Office in the County of Simcoe as Instrument Number 844,
dated January 10, 1938, and Instrument No. 519532, dated June 20,
1951, respectively;
AND WHEREAS the County of Simcoe Act, S.O 1993, Section
5(2), deems the Council of each local Municipality to be a
Recreation Committee under the Ministry of Tourism and Recreation
Act, a Committee of Management of a Community Recreation Centre
under the Community Recreation Centres Act and a Board of Park
Management under the Parks Act;
AND WHEREAS the County of Simcoe Act, S.O. 1993, section
5(2), provides that a Council deemed to be a Board or Commission
under Section 5(1) of the said Act may exercise the powers under
the Municipal Act, R.S.O. 1990, Chapter M.45, Section 207,
Paragraph 58;
AND WHEREAS the Municipal Act, R.S.O. 1990, Chapter M.45,
Section 207, Paragraph 58(d), provides that the Council of a
Municipality may enter into an Agreement with the Council of
another Municipality to provide for the participation of such
other Municipalities on a Board of Management established under
the aforementioned legislation;
,
AND WHEREAS the Municipal Act, R.S.O. 1990, Chapter M.45, as
amended by the Savings and Restructuring Act, 1996, Schedule M,
section 10, Paragraph 220.(6), provides that a Municipality may
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by By-law impose fees and charges that vary on any basis the
Municipality considers appropriate and specifies in the By-law,
including the level of frequency of the service or activity
provided or done, the time of day or year of the service or
activity is provided and whether the class of persons paying the
fee is a resident or non-resident of the Municipality;
AND WHEREAS the Council of the Township of Severn deems it
to be desirable and in the interest of the public to
establish a Board of Management to oversee the operation of the
Coldwater and District Community Centre and Coldwater Fairground,
to provide for the participation of other Municipalities in the
affairs of the said Board of Management, and to provide for fees
and charges with respect to use of the Coldwater and District
Community Centre;
AND WHEREAS the Council of the Corporation of the Township of
Severn passed By-law No. 1994-79, as amended, to establish a Board
of Management to oversee the operation of the Coldwater & District
Community Centre Facility as well as the Coldwater Fairground;
AND WHEREAS it is deemed expedient to provide for changes and
to consolidate the contents of By-law No. 1994-79, as amended;
NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE TOWNSHIP OF
SEVERN HEREBY ENACTS AS FOLLOWS:
1. Establishment of Board of Management
1.1 That pursuant to the Municipal Act, R.S.O. 1990, Chapter
M.45, section 207(58) a Board of Management is hereby
established to oversee the management and operation of
the Coldwater and District community Centre facility and
the Coldwater Fairgrounds.
1.2 The Board established in Section 1., Sub-section 1.1 of
this By-law shall be known and referred to as the
"Coldwater and District Community Centre Board of
Management."
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2.
Composition of the Board
2.1 The "Board of Management" as established in section 1.
of this By-law shall be composed of a minimum of five
members and a maximum of eight members to be derived in
the following manner:
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2.1.1
The Mayor of the Township or his/her
designate.
The Councillor elected by the residents of Ward
Two of the Township of Severn.
Three electors or members of Council of the
Township of Severn appointed by said Council.
As required, one elector or Member of Council
appointed by the Council of each of the
following Municipalities for a term concurrent
with the term of Council:
2.1.2
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2.1.3
2.1.4
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a) The Corporation of the Township of Oro-
Medonte
b) The Corporation of the Township of Tay
c) The corporation of the Township of
Georgian Bay.
2.2 The members of the Board of Management provided for in
Section 2., Sub-section 2.1, Paragraph 2.1.4 above shall
become members of the Board of Management at such time
as their respective Councils have enacted a By-law both
adopting the terms of this By-law and further agreeing
to make an annual contribution to the capital Reserve
Fund of the Community Centre Facility calculated in
accordance with the formula provided in Section 5., Sub-
section 5.2 of this By-law.
2.3 That prior to the Municipalities identified in section
2 ., Sub-section 2. 1, Paragraph 2. 1 .4 above enacting a By-
law to formally adopt the terms and conditions of
membership as contained herein, the Council of the
Township of Severn may appoint an eligible elector from
any or all of the said Municipalities to act as non-
voting members of the Board of Management.
2.4 The members of the Board of Management shall be appointed
by their respective Municipal Councils within thirty (30)
days of the Council taking office following the election.
2.5 The members of the Board of Management shall be 18 years
of age, citizens of Canada, an owner or tenant of lands
in the Municipality which they have been appointed to
represent, and shall not otherwise be disqualified from
becoming a candidate for election to Municipal Office.
2.6 That the term of an individual appointed to the Board of
Management shall be for the term of Council, and any
member may be reappointed an indefinite number of times
should the appointing body so deem this to be desirable
and in the interest of the public.
2.7 All members of the Board must maintain their appointment
qualifications throughout their term of appointment and
should they be unable to do this, they shall be required
to tender their resignation forthwith.
2.8 Should any appointee to the Board of Management, with the
exception of the Mayor of the Township of Severn, fail
to attend three consecuti ve meetings, the Board of
Management may, at its discretion, formally request the
appointing Municipality to rescind its appointment of the
said member and to reappoint another, and the appointing
Municipality shall comply forthwith.
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3 . Voting
3.1 That each member of the Board of Management shall be
entitled to one (1) vote only.
3.2 That a tie vote shall be considered a lost vote.
3.3 That the Chairman of the Board of Management shall be
elected annually from among the members of the Board at
the first Committee meeting in January and that said
Chairman shall only have one (1) vote.
3.4 That in carrying out the provisions of this By-law all
decisions of the Board of Management shall be governed
by a majority vote of its respective members, and while
acting bona fide within the limits of the authority of
this Agreement, neither the Board of Management nor any
individual member of the Board shall incur any liability,
debt or obligation for which the Corporation of the
Township of Severn shall become responsible without
having previously obtained the consent of the Council of
the Municipality.
4. Jurisdiction of the Board
4.1 The Board of Management shall be vested with the care
and control of the facilities known as the Coldwater and
District Community Centre and the Coldwater Fairgrounds.
4.2 The Board of Management shall be responsible for all
capi tal maintenance and improvements to the Coldwater
and District Community Centre and/or the Coldwater
Fairgrounds, subj ect to prior budget approval by the
Council of the Township of Severn.
4.3 The Board of Management shall be vested with complete
responsibility for ensuring the proper ongoing
maintenance, management and programming of the Community
Centre Facility and Fairgrounds.
4.4. In carrying out its duties as prescribed herein, the
Board of Management shall ensure that all residents of
the Township. of Severn, and any other Municipalities
which have adopted this By-law are provided with equal
access to all recreational and cultural programs provided
by the Board and in doing so the Board may consider the
advisability of recommending to Council the expansion or
improvement of existing facilities and/or the creation
of additional facilities.
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4. 5 The Board of Management is hereby empowered to enter into
negotiations, subject to the approval of the Council of
the Township of Severn, with the Councils of any of the
Municipalities itemized in section 2., Sub-section 2.1,
paragraph 2.1.4 of this By-law, the result of which would
secure the participation of additional Municipalities in
the management of the Coldwater and District Community
Centre and Coldwater Fairgrounds.
4.6 The Board of Management shall, on or before the first
day of March in any given year, adopt and submit to the
Council of the Township of Severn estimates of current
and capital expenditures to be incurred by the Board
during the said year. In addition, the Board shall also
adopt and submit at the same time a five year forecast
of proposed capital expenditures and a formal request for
supplementary funding, if required.
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4.7 In preparing its budget it shall be the mandate of the
Board to achieve recovery of its operating expenses
through revenues derived from the users of the facility,
and the Council of the Township of Severn shall not be
required to provide any financial assistance to the
Board, except as specifically provided for in this By-
law.
4.8 The Board of Management shall have complete authority to
establish fees for various services, programs and/or for
the rental of the facilities, including the level of
frequency of the service or activity provided or done,
the time of day or year of the service or activity is
provided and whether the class of persons paying the fee
is a resident or non-resident of the Municipality.
4.9 The Board of Management shall have the authority to enter
into Lease Agreements with interested parties for any
particular purpose relating to the Coldwater and District
Community Centre facility providing that any such lease
shall not exceed the remaining term of the then current
Municipal Council.
4.10 The Board of Management, in carrying out its mandate,
shall respect any pre-existing leases and/or agreement
pertaining to the Co1dwater and District Community Centre
and/or Co1dwater Fairground.
4.11 The members of the Board of Management shall, as
required, report to their respective Councils upon the
nature and ramifications of any proposed transfer of
funds from that fund, henceforth to be known as the
"Capital Reserve Fund".
4.12 That the Board of Management shall be authorized to
solicit funds and conduct fund raising projects, without
obligation, for the benefit of the operation and
maintenance of the facili ty , or the capital needs,
provided that such action is not in conflict with the
accepted practices of the participating Municipalities.
5. Administration
5.1 The Treasurer of the Township of Severn shall establish
a separate interest bearing Reserve Fund which shall be
designated as the Coldwater and District Community centre
Capital Reserve Fund.
5.2 Each municipality may contribute to the capital Reserve
Fund in the following proportions:
5.2.1
The Township of Severn shall annually
contribute an amount from tax revenues equal
to the total number of electors registered in
Wards One, Two and Three of the Township
multiplied by two dollars ($2.00) per capita.
The Township of Oro-Medonte may annually
contribute an amount from tax revenues equal
to 10% of the total electors registered in the
Township multiplied by two ($2.00) dollars per
capita.
5.2.2
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5.2.3
Prior to January 1, 1998, the Township of Tay
may annually make a contribution from total
tax revenues in an amount equal to the sum of
total electors registered in the Township, less
the sum of electors residing in that area of
the Township to be annexed to the Towns of
Midland and Penetanguishene on January 1, 1998,
divided by 10% and the product multiplied by
two dollars ($2.00) per capita; and after
January 1, 1998 the Township of Tay may
annually make a contribution from total tax
revenues in an amount equal to 10% of the total
electors registered in the Township multiplied
by two dollars ($2.00) per capita.
The Township of Georgian Bay may annually
contribute an amount from tax revenues equal
to 10% of the total electors registered in the
Township multiplied by two dollars ($2.00) per
capita.
5.3 For the purposes of interpretation, the term "Total
Electors" as used in Section 5.2 shall mean and refer to
the most recent statistics published by the Regional
Assessment Offices from time to time.
5.2.4
5.4 In the event of a Municipality other than the Township
of Severn withdraws from participating in the Board of
Management, all previous contributions to the Capital
Reserve Fund shall vest with the Corporation of the
Township of Severn and shall not be returned in whole or
in part to the municipality which is withdrawing its
support and participation.
5.5 That the following controls shall be placed on the
maintenance and distribution of funds held in the capital
Reserve Fund:
5.5.1
That the Capital Reserve Fund shall be used
solely and specifically to hold and disburse
funds required for capital upgrading or
expansion of the Coldwater and District
Communi ty Centre facili ty . At no time
whatsoever shall these funds be used to offset
operational costs incurred by the Board in the
course of its work.
5.5.2
Each respective Municipality shall annually,
on or before July 31st of the current year,
pay into the Capital Reserve Fund it individual
contribution as calculated in accordance with
the formula referred to in Section 5.2 of this
By-law.
The funds held in the Capi tal Reserve Fund
shall accumulate year by year, together with
any accrued interest or other monies raised
for capital improvement of the Coldwater and
District Community Centre facility.
payment of funds from the Capital Reserve Fund
shall only be made after a three-quarters (3/4)
majority of the full Board of Management is
obtained, such approval must take the form of
a recorded vote of the Board members.
5.5.3
5.5.4
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5.5.5
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5.6
The amount of the capital grant contributed by
each of the participating Municipalities shall
be renegotiated every three (3) years if deemed
required by the Board. Any change must be
confirmed by by-law of each Municipality before
it is implemented.
The Council of the Township of Severn, in addition to
any amount provided in Section 5., Sub-section 5.2,
Paragraph 5.2.1 of this By-law, shall annually provide
a contribution to the Board of Management equal to the
anticipated cost of maintaining the grounds of the
Coldwater Fairgrounds.
5.7 The Treasurer of the Township of Severn shall establish
separate Revenue and Expenditure Accounts wi thin the
Municipality's general ledger which shall be utilized to
record all financial transactions of the Board of
Management.
5.8 The Treasurer of the Township of Severn is authorized to
pay accounts payable incurred by the Board from time to
time, provided that the subject expenditures have been
contemplated in the annual bUdget of the Board as
approved by Council, and further provided that a vote of
the maj ori ty of the members of the Board to pay said
accounts has been obtained.
5.9 The signing officers for all transactions involving the
Board of Management shall be the Mayor and the Treasurer
of the Municipality, and in their absence such other
individuals as may be appointed by Council.
6. EmDlovment of Officers
6.1 The Board of Management may recommend to the Council of
the Township of Severn the appointment of an individual
to act as Manager of the Coldwater and District Community
Centre and Coldwater Fairground facility. The Manager
shall report to and take direction from the Public Works
and utilities Administrator.
6 . 2 The Municipal Treasurer of the Township of Severn or
his/her designate shall act in the capacity of the
Treasurer of the Board.
6.3 The Treasurer of the Township of Severn shall establish
procedures and policies to govern the financial
transactions of Community Centre staff, sUbject to
approval of the Board and the Municipal Auditors.
6.4 A Secretary to the Board shall be appointed by the Chief
Administrative Officer of the Township of Severn. The
Secretary shall attend all meetings of the Board for the
purpose of recording minutes of the meeting and shall
issue all correspondence required.
6.5
The Board of Management may,
to the Council of the
establishment or removal
positions provided that a
position is established by
applied thereto.
from time to time recommend
Township of Severn the
of additional employment
job description for each
Council and a salary range
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6.6. Prior to recommending the establishment of any new
positions which have no previously established job
description, the Board shall be required to consult with
the Chief Administrative Officer to develop a job
description and pay scale for same which is consistent
with the Township of Severn's overall employment policy.
6.7 The Council of the Township of Severn shall at all times
retain ultimate jurisdiction over the administration of
all employment matters relating to the operations managed
by the Board of Management.
7.
Participation
7.1 Should anyone of the Municipalities identified in
section 2., Sub-section 2.1, Paragraph 2.1.4 of this By-
law wish to become a full participant in the affairs of
the Board, the Council of the subject Municipality will
be required to enact a By-law adopting the Terms of
Reference for participation as established in this By-
law and further agreeing to annually contribute a grant
in the amount provided for in section 5., Sub-section 5.2
above.
7.2 The execution of a By-law by any Municipality authorizing
its full participation in the affairs of the Coldwater
and District community Centre Board of Management shall
not be construed as the conveyance of any share of the
assets or liabilities of the Corporation of the Township
of Severn.
8. Effect
8.1 This By-law shall come into force and effect on the date
of passing thereof.
8.2 That By-law No. 1994-79, as amended, be and it is hereby
repealed.
By-law read a first and second time this 7th day of November, 1996.
By-law read a third time and finally passed this 7th day of
November, 1996.
CORPORATION OF THE TOWNSHIP OF SEVERN
MAYOR
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CLE~ t H Q,Q ~O.!- c .~