1992-007 Medonte
THE CORPORATION OF THE TOWNSHIP OF MEOONTE
BY-lAW NUMBER 1992-07
A BY-lAW to authorize the execution of an agreement to provide for the joint
operation, management, and maintenance of the Coldwater and District Corrmunity
Centre;
WHEREAS the Village of Coldwater is the ()';Vller of lands upon which a
recreation centre (hereinafter referred to as "the facility")
established in accordance with the conditions provided in the
Recreation Centres Act, Chp. 80, R.S.O. 1980;
community
has been
Corrmuni ty
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AND WHEREAS Section 4 of the Corrmunity 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 T()';Vllship of Medonte finds it
desirable to enter into an agreement with the T()';Vllship of Matchedash, the
Village of Coldwater and the T()';Vllship of Tay to provide for the joint operation,
management and maintenance of the Coldwater and District Corrmunity Centre;
HM THEREFORE the Council of the Corporation of the T()';Vllship 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 T()';Vllship of Medonte be and are
hereby authorized to enter into an agreement with the T()';Vllship of Matchedash,
the Village of Coldwater and the T()';Vllship of Tay to provide for the joint
operation, management and maintenance of the Coldwater and District
Corrmunity 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 shall come into force and take effect upon the date of its
final passing.
RFAD a first and second time,
RFAD a third and passed this 27th Day of January, 1992.
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The Village
of Coldwater
Office of the Clerk and Treasurer
2 Gray Street
(705) 686-3606
P.O. Box 490,
Coldwater, Ontario
March 9, 1992.
Mr. Gary Cunnington,
Clerk,
Township of Medonte,
Moonstone, Ontario.
LOK lNO
Dear Gary:
RE: JOINT AGREEMENT COLDWATER AND DISTRICT COMMUNITY CENTRE
Please find attached a completely executed copy of the joint
agreement for your records.
As per the requirements of the Community Recreation Centres
Act, Chapter 80, R.S.O. 1980, I will, in the near future, be
submitting the agreement to the Minister of Tourism and
Recreation for final approval.
Should you require anything further in regard to the
agreement, please contact me at your convenience.
Sincerely,
Stephen B. Straughan, BA, AMCT,
Clerk-Administrator.
SBS/bm
Enclosure
/ccb jointagreement
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AGREEMENT BETWEEN MUNICIPALITIES FOR
JOINT OPERATION, MANAGEMENT AND MAINTENANCE
OF THE COLDWATER AN DISTRICT COMMUNITY CENTRE
THIS
24th
AGREEMENT shall
day of February
come into force and
, 1992.
take
effect
the
BET WEE N:
THE CORPORATION OF THE VILLAGE OF COLDWATER
(Hereinafter called "The Village of Coldwater")
OF THE FIRST PART:
and
THE CORPORATION OF THE TOWNSHIP OF MATCHEDASH
(Hereinafter called"The Township of Matchedash")
OF THE SECOND PART:
and
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 Coldwater is the owner of lands
described as Concession 12, part of lot 22, formerly Township
of Medonte, now in the Village of Coldwater upon which a
community recreation centre (hereinafter referred to as lithe
facility") has been established in accordance with the
conditions provided in the Community Recreation Centres Act,
Chapter 80, R.S.O. 1980; such facility being more
particularly described as in the Village of Coldwater By-law
No. 510;
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 covenants and conditions contained
herein and subject to the term and conditions hereinafter set
forth, the parties hereto agree as follows:
Page 2
1.
1.1
2.
2.1
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JOINT AGREEMENT
USE
The said facility shall be jointly used by the
inhabitants of the participating municipalities.
COMMITTEES
That a Committee be and is hereby established to
oversee the management and operation of the Coldwater
and District Community Centre; said Committee
hereinafter to be known as the "Operations Committee".
3. DUTIES
3.1 That the "Operations Committee" shall be responsible
for all capital maintenance and improvements made to
the Community Centre:
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3.2
That the "Operations Committee" shall also be
responsible for the actual daily maintenance,
management and recreational programming of the
Community Centre;
3.3 That the "Operations Committee" shall exercise such
powers and authority over the facility as is
contemplated by the Community Recreation Centres Act,
Chapter 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;
3.4 That pursuant to the provisions of Section 5(9) of the
Community Recreation Centres Act, Chapter 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;
3.5 That pursuant to the provisions of Section 5(9) of the
Community Recreation Centres Act, Chapter 80, R.S.O.
1980, the members of the "Operations 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 "Capital
Account" ;
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3.6
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4.
That 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;
COMPOSITION
4.1 That the "Operations Committee" be composed of eight
members derived in the following manner:
i) The Reeve of the Village of Coldwater
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, Page 3 JOINT AGREEMENT
ii) A Councillor appointed annually by 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.
4.2
That the members of the "Operations Committee" 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 That all members of the "Operations Committee" shall
be 18 years of age, citizens of Canada and an owner or
tenant of lands within the municipality they were
appointed to represent;
4.4
That the term of an individual appointed to the
"Operations Committee" shall be from January 1st to
December 31st in any given year, and any member may be
reappointed an indefinite number of times should the
appointing body so deem this to be desirable in the
interest of the public;
4.5
All members
appointment
appointment
shall be
forthwith;
of the Committee must maintain their
qualifications throughout their term of
and should they be unable to do this, they
required to tender their resignation
4.6 Should any appointee to the "Operations Committee",
with the exception of the Reeve of the Village of
Coldwater, fail to attend three consecutive meetings,
the "Operations Committee" may, at its discretion,
formally request the appointing municipality to
rescind its appointment of said member and to
reappoint another, and the appointing municipality
shall comply forthwith.
5.: VOTING
That each member of the "Operations Committee" be
entitled to one (1) vote only;
5.2 That a tie vote shall be considered a lost vote;
5.1
5.3 That the Chairman of the "Operations Committee" shall
be elected annually from among the members of the
committee at the first committee meeting in January
and that said Chairman shall only have one (1) vote;
5.4
That in carrying out the provisions of this agreement,
all decisions of the "Operations Committee" 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 "Operations
Committee" nor any individual member of the committee
, Page 4
JOINT AGREEMENT
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 the "Operations Committee" shall establish and
operate two separate and distinct bank accounts;
6.2
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6.3
6.4
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6.5
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That both
name 0 f the
said bank accounts be established in the
Corporation of the Village of Coldwater;
That the two bank accounts be know as:
1) the "Capital Account" and
2) the "Operations Account;
That each municipality shall contribute to
"Capital Account" in the following proportions:
the
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 the 1st of January each
year;
That the following controls
maintenance and distribution
"Capital Account";
be placed on
of funds held in
the
the
i) That the "Capital Account" be used specifically
for holding funds and payment of funds required
for acquisition 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 "Capital Account" the amounts of money
calculated according to the formula referred to
in Section 6.4 of this agreement;
iii) The funds shall accumulate year by year, together
with any accrued interest or any other monies
raised for capital purposes;
iv) Payment of monies from the "Capital Account"
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JOINT AGREEMENT
be made after a three-quarters
approval of the full "Operations
is obtained; such approval must take
of a "recorded" vote of the conunittee
shall only
majority
Conunittee"
the form
members;
v) The signing authorities for transfer of funds
from the "Capital Account" shall be the conunittee
chairman and the Treasurer of the Village of
Coldwater;
vi) The amount of capital grant contributed by each
of the participating parties shall be fairly
re-negotiated each year from the date this
agreement comes into force, and any change must
be confirmed by resolution of the Council of each
participating municipality before it is
implemented:
6.6
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 Conununity
Centre;
6.7 That payment of monies from the "Operations Account"
shall only be made after majority approval of the
"Operations Conunittee" 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-Administrator or Treasurer" of the Village of
Coldwater.
7. OFFICERS
7.1 That the Clerk-Administrator of the village of
Coldwater be appointed as secretary of the "Operations
Conunittee";
7.2
That the Treasurer of the Village of
appointed as Treasurer of the "Operations
Coldwater be
Commi ttee" ;
7.3 That the "Clerk-Administrator" and "Treasurer" of the
Village of Coldwater be empowered to appoint an
acting-secretary and/or treasurer as required;
7.4
That the "Operations Committee" shall engage a
facility manager and such additional staff as it deems
to be warranted;
7.5 That the Manager of the facility shall report to and
be under the direction of the "Operations Conunittee"
as a whole;
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
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JOINT AGREEMENT
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
party in this Agreement, may become a
time, subject to terms agreeable
participating parties. At such time,
will be amended accordingly.
a participating
partner, at any
to the then
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.
10. CONTINUITY
10.1
This Agreement shall enure to the benefit of and be
binding upon the participating parties hereto, their
successors and assigns respectively, for three (3)
years subsequent to the signing of this Agreement,
after which time it shall be reviewed and may be
renewed by by-law enacted by each party for an
additional three (3) year term. Should any of the
participating municipalities elect to exercise an
option to withdraw from this Agreement at the end of a
three (3) year period, then all funds committed and
accumulated to the date of withdrawal shall be paid,
in full, into the "Capital Account".
10.2 In the event that this Agreement expires before all
parties can take appropriate action to confirm their
renewal, the Agreement shall continue day to day in
full force and effect for six months from the day of
its expiry until such confirmation is made.
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.
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SIGNED f SEALED AND DELIVERED
in the presence of:
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JOINT AGREEMENT
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Date
f.A~llr I \~""2.. .
THE CORPORATION OF THE
TOWNSHIP OF MATCHEDASH
Per:
J17 ' fi \
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(. ~ j.t..u-~,J--<,jU i<..A'.~
Reev
Date ~~Q).\Afl.Rf ~-{, 19'1~ '
THE CORPORATION OF THE
TOWNSHIP OF MEDONTE
Per:
tE__ d~
Clerk
Date "F'~t2.tl~)..8 I'li 1:
/
THE CORPORATION OF THE
TOWNSHIP OF TAY
Per:
ClerJt
Date