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HomeMy WebLinkAbout79-68 . . ~ ~..'. ~ ~" '-.- .,,~ ,~ . "It. -,... ". .?,~ ~ .~ . . . . ' AMENDED BY AMENDED BY AMENDED BY BY.LAW ,l~.:~.~-?.BY-LAW #1J.:.9.!9...8Y-LAW #~?::.J~~:J.. AMENDED BY AMENDED BY AMENDED Ijy BY-LAW #~?:J2.~.BY.LAW #.1.;:';}.~.r.. BY-LAW ~?;.?f.!. TH~O~~R~~~~~~~S~~E THE ::~;-~~:~:~::..Si~d. By-Law No. 79-68 '" Being a by-law to establish a Board of Management to operate a Museum on its behalf (Clarke Museum). WHEREAS Chapter 284, Section 352, Subsection 74 of the Municipal Act, R.S.O. 1970, authorized the Council of a Municipality to establish Boards of Management to operate Museums on. its behalf; AND WHEREAS it is desirable that such a board be established and known as the Clarke Museum Board for the purpose of operating a Museum in the former Township of Clarke; THEREFORE, the Council of the Corporation of the Town of Newcastle HEREBY ENACTS as fo11ows:- 1. That the buildings and lands as per Schedule "A" attached hereto shall be known as the Clarke Museum. 2. That subject to such limitations and restrictions as Council may from time to time impose, the restoration, maintenance, control, operation and management of the Museum is entrusted to a Board of Management to be known as the Clarke Museum Board and hereinafter referred to as the Board. 3. (a) The Board shall consist of two members of Council and five other' members who are qualified to be elected as members of Council each of whom shall be appointed by Council. (b) The members of the Board who are members of Council shall be appointed annually. (c) The members of the Board who are not members of Council shall hold office for a term of three years and may be re-appointed to three consecutive terms at which time they must retire for at least one term to be eligible for re-appointment to the Board. (d) Of the five other members of the first Board, the first appointee shall be appointed for a one-year term, the second for a two-year term, the third for a three-year term, the fourth for a one-year term, and the fifth for a two-year term, etc. All subsequent appointments and re-appointments of members to the Board will be for a term of three years. (e) In case of a vacancy by the death or resignation of a member, or from any cause other than the expiration of the term for which he was appointed, Council shall appoint another eligible person in his place for the unexpired portion of the term. ~..!... 2/ , ~. ~ ,. , \. ~ ,4~ - 2 - By-Law No. 79-68 . 4. The members of the Board shall serve without remuneration. 5. A majority of the members of the Board constitutes a quorum. 6. No members of the Board, or of Council, shall have any contract with the Board or be pecuniarily interested, directly or indirectly, in any contract or work relating to the operations or functions of the Board. 7. Subject to such limitations and restrictions as Council may from time to time impose, by by-laws, resolution or otherwise, the Board may; (a) fix the times and places for meetings of the Board, and the mode of calling and conducting them, and make regulations governing the conduct of its members and employees; (b) elect a Chairman, Vice-Chairman and Secretary-Treasurer, all of whom shall hold office at the pleasure of the Board; or for such period as the Board may prescribe; (c) employ such officers and servants as it may deem necessary, determine the terms on which they are to be employed, fix their salaries and prescribe their duties. . (d) fix the hours when the Museum shall be open to the public, and require payment of fees or charges for admission thereto or the use thereof, and prescribe such fees and charges; (e) adopt policy for rules for the use of the Museum and for the admission thereto or the use thereof, and prescribe such fees and charges; (f) sell literature of historical significance or interest, sell within the museum souvenirs, and refreshments at such prices as the Board may decide, provided that the exercise of the power to sell refreshments shall be subject to the prior approval of Council, and to such terms and conditions as Council may impose. (g) produce, copy and distribute historical publications and documents relating to the history of the former Township of Clarke. (h) encourage and develop volunteer groups to assist in the further development of museums and historical matters with the former Township of Clarke. (i) carry out such other duties relating to the history and development of the former Township of Clarke as may be assigned to it by Council. ej) appoint a Management Committee which shall carry out such duties as directed by the Board. . 8. The meetings of the Board shall be open to the public, and no person shall be excluded therefrom except for improper conduct. . . . .. 3/ . . .. I .t .', ~ l,,!.. ",_ ...~ . " . . . - 3 - By-Law No. 79-68 9. The Board shall keep minutes of its meetings and all books, papers and documents used in, andpertaining to the business of the Board, and all such minutes, books, papers and documents shall be open to the members of the Council and to any other person or persons appointed for that purpose by Council. 10. The Board shall on or before the first day of March in each year prepare and submit to Council an estimate of its financial requirements for the ensuing financial year, and the municipal treasurer shall pay to the Board, out of the moneys appropriated for it by Council, such amounts as may be requisitioned from time to time. (Or shall pay the Museum accounts approved by the Board directly, in respect to, and to the limitations of, the approved budget, revenues and appropriation.) 11. The Board shall keep distinct and regular accounts of its receipts (including any private donations received by it and the terms, if any, upon which such donations were made), payments, credits and liabilities. 12. The accounts and transactions of the Board shall be audited by the Municipal Auditor in the same manner as the accounts of the Municipality and all minutes, books, records, documents, transactions, accounts and vouchers of the Board shall be open to his inspection at all times. 13. Immediately after its accounts and transactions have been audited, the Board shall submit the audited statement, together with an annual report of its affairs, to Council. 14. The Board may apply the revenue, exclusive of any private donations, received by it to the payment of its expenses, to the limits of the approved annual budget. Expenditures of revenues in excess of estimates must have prior approval by Council. 15. The Board may, with the approval of Council, establish a Museum Development Fund, into which donations and net revenues, if any, may be placed for future museum development projects and may apply any private donations in such manner as it deems advisable but not inconsistent with the terms upon which any amount was donated. x: 16. That By-Laws 74-40, 76-80 and all By-laws in the former Township of Clarke, Township of Darlington, Town of Bowmanville and Village of Newcastle, not consistent with this By~law, are hereby repealed. 17. This By-law shall take effect on the first day of January, 1980. '7 ) Ou.;;:- . )-'. . . . .. . . . .. day Read a First, Second and Third Time and Finally Passed this of ........?: 11.1.; .1.. .. .... , 1979. G.B. Rickard ~ ,e,.~L ,/ Mayor J .M. McIlroy Clerk . ., l ~ ... . ,,~~ " .. ...'1 ... ~". t. .- . '~ .. - , . _\. . e . <.. .. .. . THE CORPORATION OF THE TOWN OF NEWCASTLE Schedule "A" to By-Law No. 79-68 1. That the building on the South East Corner of Church and Centre Streets in the former Village of Orono be known as the Clarke Museum.