1986-020 Medonte
THE CORPORA nON OF THE TOWNSHIP OF MEDONTE
BY-LAW NUMBER 86-20
A by-law to authorize the execution of an
agreement to provide for the joint operation,
management, and maintenance of the Coldwater
and District Community Centre
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WHEREAS: The Village of Coldwater is the owner of lands upon which a
community recreation centre (hereinafter referred to as "the facility" )
has been established in accordance with the conditions provided in the
Community Recreation Centres Act, Chp. 80, R.S. O. 1980;
AND WHEREAS: Section 4 of the Community Recreation Centres Act, Chp. 80
R. S. O. 1980, provides that a council of a municipality may enter into an
agreement with the councilor councils of any other municipality for the
joint use of a community recreation centre;
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AND WHEREAS: The council of the Corporation of the Township of Medonte
finds it desirable to enter into an agreement with the Township of Matchedash,
the Village of Co1UwatEm and the Township of Tay to provide for the joint
operation, management and maintenance of the Coldwater and District Community
Centre;
NOW THEREFORE: The Council of the Corporation of the Township of Medonte enacts
a by-law as follows:
1. That pursuant to section 4 of the Community Centres Recreation Act, chp. 80,
R. S. O. 1980, the reeve and clerk of the Township of Medonte be and are
hereby authorized to enter into an agreement with the Township of Matchedash,
the Village of Coldwater and the Township of Tay to provide for the joint
operation, management and maintenance of the Coldwater and District Community
Centre.
2. That the terms of said agreement shall be "as negotiated" by councils.
3. That the final agreement be executed and annexed hereto as "Schedule A".
4. That this by-law, along with schedule "A" be submitted to the Minister of
Tourism and Recreation for final approval.
5. That this by-law shall come into force and take effect upon the date of its
final passing.
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Read a first and second time this 11 th day of November, 1986
Read a third and final time and passed this 11 th day of November 1986.
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Reeve
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AGREEMENT BETWEEN MUNICIPALITIES FOR
JOINT OPERATION, MANAGEMENT & MAINTENANCE
OF THE COLDWATER & DISTRICT COMMUNITY CENTRE
THIS AGREEMENT shall come into force and take effect the 1st day of March 1987.
BET WEE N:
THE CORPORATION OF THE VILLAGE OF COLDWATER
(hereinafter called "The Village of Coldwater")
OF THE FIRST PART:
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THE CORPORATION OF THE TOWNSHIP OF MATCHEDASH
(hereinafter called "The Township of Matchedash")
OF THE SECOND PART:
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THE CORPORATION OF THE TOWNSHIP OF MEDONTE
(hereinafter called "The Township of Medonte")
OF THE THIRD PART:
and
THE CORPORATION OF THE TOWNSHIP OF TAY
(hereinafter called "The Township of Tay")
OF THE FOURTH PART;
Hereinafter referred to as "the participating parties".
WHEREAS: The Village of Goldwater is the owner of lands upon which a community
recreation centre (hereinafter referred to as "the facility") has been estab-
lished in accordance with the conditions provided in the Community Recreation
Centres Act, chpt. 80, R.8.0. 1980; such facility being more particularly
described as in the Village of Goldwater by-law no. 510, a copy of which is
attached hereto and identified as Schedule "A";
AND WHEREAS: The participating parties hereto are desirous of entering into
an agreement to provide for the joint operation, management and maintenance
of the said facility;
NOW THEREFORE THIS AGREEMENT WITNESSETH: That in consideration of the mutually
agreed to convenants and conditions contained herein and subject to the terms
and conditions hereinafter set forth, the parties hereto agree as follows:
1. USE
1.1 The said facility shall be jointly used by the inhabitants of the
participating municipalities.
2. COMMITTEES
2.1 That the following two committees be established to oversee the
management and operation of the Coldwater and District Community
Centre.
2.2 A Committee of Management, hereinafter to be known as the "Management
Committee".
2.3 A committee of Operations, hereinafter to be known as the "Operations
Committee".
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3. DUTIES
3.1 That the two committees be charged with the following distinct and
individual duties.
3.2 The "Management Committee" shall be responsible for all capital
maintenance and improvements made to the Community centre of a value
exceeding $3,000.00 (three thousand dollars).
3.3 The "Operations Committee" shall be responsible for the actual daily
maintenance, management and recreational programming of the community
centre as well as minor capital improvements of a value not to exceed
$10,000.00 (ten thousand dollars) per annum.
3.4 That both the "Management Committee" and the"Operations Committee"
shall exercise such powers and authority over the facility as are
contemplated by the Community Recreation Centres Act, Chpt. 80, R.S.O.
1980, so as to ensure that the facility continues to qualify as a
Community Recreation Centre pursuant to the said Act.
3.5 That pursuant to the provisions of section 5(9) of the Community
Recreation Centres Act, Chpt. 80, R.S.O. 1980 the "Operations
Committee" shall adopt and submit an annual budget for the facility
to the councils of the participating municipalities.
3.6 That pursuant to the provisions of section 5(9) of the Community
Recreation Centres Act, Chpt. 80, R.S.0.1980, the members of the
"Management Committee" shall report to their respective councils
upon the nature and ramifications of any transfer of funds from
that account, henceforth to be known as the "Management Account".
3.7 That the "Management Committee" and the "Operations Committee" shall
be authorized to solicit funds and conduct fund-raising projects,
without obligation, for the benefit of the operation and maintenance
of the facility, or for capital needs, provided that such action is
not in conflict with the accepted practices of the participating
municipalities.
4. COMPOSITION
4.1 That the two committees be composed in the following manner:
4.2 That the "Management Committee" be composed of one representative
from each of the participating municipalities for a total of four
members. Each of the four members shall be an elected member of
their respective council and shall be appointed on an annual basis
by said council.
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That the "Operations Committee" be composed of twelve members derived
in the following manner:
i) The reeve of the Village of Coldwater
ii) A councillor appoint~d annually be the Village of Coldwater
iii) Three citizens of the Village of Coldwater appointed annually
by the village council.
iv) One citizen or council member appointed annually by each of the
three townships (Matchedash, Medonte, Tay) for a total of three.
v) The Four members of the "Management Committee".
4.4 That the members of both committees shall be appointed by their
respective municipal councils upon the signing of this agreement and
thereafter annually at the first meeting in December of each council.
4.3
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5. VOTING
5.1 That each member of both the "Management Committee" and the
"Operations Committee" be entitled to (1) one vote only.
5.2 That a tie vote in either committee shall be considered a lost vote.
5.3 That the members of the "Operations Committee" shall be entitled to
vote only on those matters specifically assigned to the "Operations
Committee" by this agreement.
5.4 That the chairmen of both committees shall be elected annually from
among the members of each committee and that said chairman shall only
have (1) one vote.
5.5 That in carrying out the prOV1Slons of this agreement all decisions
of the "Management Committee" and the "Operations Committee" shall be
governed by a majority vote of their respective members; and while
acting bona fide within the limits of the authority of this agreement
neither the "Management Committee", the "Operations Committee" nor
any individual members of either committee shall incur any liability,
debt, or obligation for which any of the participating municipalities
shall be responsible; without having previously obtained the consent
of the majority of the participating parties.
6. ADMINISTRATION
6.1 That both the management and operatons committee shall establish and
operate two separate and distinct bank accounts.
6.2 That both said bank accounts be established in the name of the
Corporation of the Village of Coldwater.
6.3 That the two bank accounts be known as;
1) The "Management Account", and 2) the "Operations Account".
6.4 That the "Management Committee" have sole jurisdiction over the
administration and distribution of the funds deposited and maintained
in the "Management Account".
6.5 That each municipality shall contribute to the "Management Account" in
the following proportions:-
i) Coldwater shall contribute an amount based on twice the current
population at $1.00 per capita;
ii) Medonte shall contribute an amount based on 25% of the current
population at $1.00 per capita;
iii) Matchedash shall contribute an amount based on 100% of the
current population at $1.00 per capita;
iv) Tay shall contribute an amount based on 25% of the current
population at $1.00 per capita;
v) "Current population" shall mean the most recent statistics
published by the Regional Assessment Office and in effect on
1st of January each year.
6.6 That the following controls be placed on the maintenance and distri-
bution of funds held in the "Management Account":
i) thaJ: the "Management Account" be used specifically for holding
funds and payment of funds required for ~.cqaisition of
"CAPITAL" needs. At no time whatsoever shall these funds be
used for operational or general maintenance purposes.
ii) Each respective municipality shall, annually on or before
July 31st of the current year, pay into the "Management Account"
the amounts of money calculated according to the formula
referred to in section 6.5 of this agreement.
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The funds shall accumulate year by year, together with any
accrued interest or any other moneys raised for capital
purposes.
Payment of moneys from the "Management Account" shall only be
made after majority approval of the "Committee of Management"
is obtained. The signing authorities for transfer of funds to
the "Operations Account" shall be the committee chairman and
the clerk-treasurer of the Village of Coldwater.
The proportion of cost contributed by each of the participating
parties shall be fairly re-negotiated each year from the date
this agreement comes into force, and must be confirmed by
resolution of each Council, by all participating municipalities,
before any change of cost.
6.7 That the "Operations Committee" have sole jurisdiction over the
collection, administration and distribution of the funds deposited
and maintained in the "Operations Account".
iii)
iv)
v)
6.8 That the "Operations Account" be used for holding funds required for
the day to day operation and maintenance of the infrastructure and
recreational programs of the Coldwater and District Community Centre.
6.9 That payment of moneys from the "Operations Account" shall only be
made after majority approval of the "Operations Committee" is obtained.
The signing authorities for dispersal of funds from said account shall
be the "operations Committee" chairman or the Reeve of the Village of
Coldwater and the clerk-treasurer of the Village of Coldwater.
7. OFFICERS
7.1 That the clerk-treasurer of the Village of Coldwater be appointed as
secretary-treasurer of both the "Management Committee" and the
"Operations Committee".
7.2 That the "Operations Committee" shall engage a facility manager and
such additional staff as they deem to be warranted.
7.3 The manager of the facility shall report to and be under the direction
of the "Operations Committee".
8. AMENDMENT
8.1 This Agreement shall not be revoked, altered or amended without the
consent, in writing, of a majority of the municipal councils
participating in the Agreement and, in any event, the parties agree
that they will not make any alterations to this Agreement or do any
other thing which would have the effect of causing the facility to
lose its dedication as a Community Recreation Centre under the Act.
8.2
Any other municipality desiring to be a
Agreement, may become a partner, at any
able to the then participating parties.
will be amended accordingly.
participating party in this
time, subject to terms agree-
At such time, this Agreement
9. CO-OPERATION
9.1 The parties undertake and agree to co-operate one with the other with
respect to the implementation of this Agreement.
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lO. CONTINUITY
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10.1 This agreement shall enure to the benefit of and be binding upon the
participating parties hereto, their successors and assigns respectively,
for two (2) years subsequent to the signing of this Agreement, after
which time it shall be reviewed and may be renewed each succeeding two
(2) years. Should any of the participating municipalities elect to
exercise an option to withdraw from this Agreement at the end of a
two (2) year period, then all funds committed and accumulated to the
date of withdrawal shall be paid, in full, into the "Management Account".
IN WITNESS WHEREOF the parties hereto have hereunto affixed their respective
corporate seals, attested by the hands of their respective officers duly
authorized in that behalf.
SIGNED, SEALED AND DELIVERED
in the presence of:
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THE CORPORATION OF THE
VILLAGE OF COLDWATER
Date:
THE CORPORATION OF THE
TOWNSHIP OF MATCHEDASH
Per:
Date: '-t1AMd, II 1f.J 8'1
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THE CORPORATION OF THE
TOWNSHIP OF MEDONTE
Per:
THE CORPORATION OF THE
TOWNSHIP OF TAY
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SCHEDULE A
BY-LAW NUMBER 510
of the
CORPORATION OF THE VILLAGE OF COLDWATEH.
A By-Law to establish a Community Centre-Recreation Committee - Duti.s
of these committees in the Village of Coldwater.
WHEREAS the Comminity Recreation Centres Act, 1974, provides in
Section 2 (1) that the Council of any municipality may, by by-law
provide for the establishment of one or more community recreaiion
centres in accordance with the said Act and may aCQuir. by purchase,
lease or otherwise real and personal property for that purpose.
And WHEREAS that Corporation of the Village of Coldwater is
desirous of establishing a community recreation centre at Coldwater
in the County of Simcoe.
THEREFORE, the Council of the Corporation of the Village of
Coldwater enacts as follows.
1. That a community recreation centre defined as a Community
Hall, Arena and recreation field be established and operated by the
Corporation pursuant to the provisions of the Community Recreation
Centres Act, 1974.
2. That the said community recreation centre be administered by
a committee of management appointed pursuant to the provisions of
the Community Recreation Centres Act and Regulations thereunder,
which committee shall be composed a8 follws.- not less than three
and not more than five members on the committee. I f the C!ommi tt.e
consists of three or four members, one must be from council. If the
Committee consists of five members, two must be from council. .
j. Terms of office shall be for a ene year period, and all
persene must be eligible to run for Village Council, to be appointed
to this committee.
POWERS OF THE COMMITTEE.-
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To operate and maintain the Community Centre on a full time or
part time basis as the board deems fit.
This committee may obtain assisstance groups for the purpose of
Fund Raising Events, Building Committee., Catering, Sports organizing.
Members of these groups cannot vote with the committee on any
committee discussion or run a bank account in any name or manner.
All capital expenditure must b. submitted to council for approval
before proceeding.
Committee austpresent budget of expected revenue and expenditure
by June 1st.
The committee expenditure. for the year must not exceed their
actual income. except with council approval.
Committee shall keep minutes in a minute book and ahall be signed
by committee chairman and secretary after being passed by committe.
at the regular meeting.
The committee shall have one regu~ar meeting per month. date of
meeting to be set at Committ~e's discretion.
Committee to ___'regular motion pads.
All th~ommJltteebu.iness must be done by motion, with a mover, .econder
and be signed by the committee chairman after a vote i. taken on tb.
motion. All motions must be kept on tile, and all minutes, motions
and records pretaining to the Community Centre Comai ttee are to be
kept available for a ten year period.
By-Law Number 4)9 be rescinded.
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Passed at ("I-.J:>.....Jtj"1"'.;r i:
this3c;..il day of
~& .19A.
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CIe
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..ve
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I, Clerk of the Corporation
of the Village of Coldwater do certify that the foregoing is
a true copy of by-law No. 510 passed by the Council of the
said Corporation on the 30th day of June 1976.
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"SCHEDULE A" of
BY-LAW NUMBER ~10
A Secretary-treasurer of the Community Centre Committee choice
shall be appointed by council to look after duties a8 set by the
cow:~ittee. Wages of Secretary-treasurer as set by council with the
co~mittees approval shall be paid by council twice per year June and
December and charged back to the Community Centre Committee.
All Community Centre Committee records. books, files, bank accoun~
and expenditures and revenues must be audited by the Village auditor
each year and a financial report submitted to council. The committee
will be charged back for this service.
The Secretary-treasurer shall be considered an employee of
council, under the direction of the Village Clerk Treasurer.
In all matters pertaining to business concerning the Community
Centre and Community Centre Committee of governors, the Village council
can over rule or dissolve the board at any time.
In all matters pertaining to business concermlng the Community
Centre, the Village council can overrule and/or dissolve the
Community Centre Committee of governors or any committee, etc.
pretaining thereto at councils discretion.
The Village of Coldwater will open two bank accounts for the
,Community Centre,- one main holding account, of which the Heeve and
Clerk will be signing officers. The Second Account will be
Community Centre Committee operating account with signing officers
being the Reeve and Clerk, or'Chairman and Secretary of the committee.
All Community Centre COJDittee money or monies raised for or in
the name of Community Centre shall be deposited in the Village of
Coldwater Community Centre Account.
The Village of Coldwater Community Centre operating account shall
be used tor paying expenditures by the Community Centre Committe..
lJ.'hat the Heeve and the Clerk be and they are hereby authorized
to execute all documents necessary to give effect to the foregoing.
That the renting of the ice surface and hall rentals shall be
handleu direct by the committee or its manager.
Passed at
C.' 6 t...,.'1> W ..:r"('~.~
this '36.11:.
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day of
. 19Zf.
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~ er
~.,Ly47<~/ 'v
Reeve
I, t-I R , Clerk of the Corporation of the
Village of Coldwater do certify that the foregoing is a true copy of
Schedule A of By-law No. 510 passed by the Council of the said
Corporation on the 30th day of June, 1976.