HomeMy WebLinkAbout2008-036
THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
BY-LAW 2008-036
Being a By-law to establish a Municipal Service Board to
operate the Orono Arena and to repeal By-law 78-63, as amended
WHEREAS Section 196 of the Municipal Act, 2001 authorizes a municipality to
establish a Municipal Service Board;
AND WHEREAS Section 198 of the Municipal Act, 2001 provides that a
municipality may give a Municipal Service Board the control and management of
such services and activities of the municipality as the municipality considers
appropriate and shall do so by delegating the powers and duties of the
municipality to the Board;
AND WHEREAS the Municipality of Clarington by agreement dated
September 1, 1977 authorized by By-law #77 -73 has leased from the Durham
Central Agricultural Society the lands and premises located at 2 Princess Street,
Orono, Ontario and has constructed an arena, community centre and grandstand
thereon;
NOW THEREFORE THE COUNCil OF THE CORPORATION OF THE
MUNICIPALITY OF CLARINGTON ENACTS AS FOllOWS:
1. THAT the aforesaid arena, community centre and grandstand be under
the management and control of a Municipal Services Board appointed by
Council to be called the "Orono Arena Community Centre Board" (the
Board).
2. The Board shall be comprised of eight (8) persons all of whom shall be
appointed by Council; two (2) members of whom shall be members of
Council; two (2) members of whom shall be representatives of the Durham
Central Agricultural Society; two (2) members of whom shall be
representatives of the Orono Amateur Athletic Association; two (2)
members of whom shall be from the former Township of Clarke.
3. The members of the Board shall serve for the term of the appointing
Council and shall continue until such time as their successors are
appointed.
4. The members of the Board shall serve without remuneration.
5. Each member of the Board shall have one vote.
6. The members of the Board are eligible for appointment for more than one
term.
7. Subject to such limitations and restrictions as Council may, from time to
time, impose by by-law or resolution, the Board shall:
a. Hold regular meetings a minimum of four (4 )times during each
calendar year-one of which shall be a formal Annual General
Meeting during which officers of the Board are to be elected. The
Board shall be responsible to fix the times and places of meetings
of the Board and to establish the mode of calling and conducting
the business of the Board and to make regulations governing the
conduct of its members and employees;
b. Elect a Chairman, Vice-Chairman and a 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. Adopt policies for rules for the use of the arena, community centre
and grandstand and for the admission of the public thereto, and for
regulating all other matters and things connected with the
management thereof.
8. The Board shall keep minutes of its meetings and all books, paper
documents used in and pertaining to the business of the Board, and all
such minutes, books, papers and documents shall be open to the
Members of Council and to any other person or persons appointed for that
purpose by Council in accordance with the Municipal Freedom of
Information and Protection of Privacy Act.
9. The minutes of the Board meetings shall be submitted to the Municipal
Clerk within ten (10) business days following the meeting.
10. The meetings of the Board shall be open to the public, in accordance with
Section 239 of the Municipal Act and no person shall be excluded
therefrom except for improper conduct.
11 . The Board has power to let from year to year or for any time not
exceeding 10 years, the right to sell refreshments within the Orono Arena
and on such terms and conditions as the Board may prescribe.
12. The Board shall occupy the premises throughout the term for the use as a
community centre and arena and for no other reason.
13. The Board shall not commit or suffer or permit to be committed any waste
or damage, disfiguration or injury to the premises or the improvements,
installations, fixtures, and equipment thereon and any nuisance in, at or on
the premises.
14. The Board shall not do or permit anything to be done that results in the
cancellation or threatened cancellation or the reduction of coverage under
or threatened reduction of coverage under any insurance policy on the
premises or any part of it.
15. The premises is defined for the sake of this by-law as Orono Arena and
Community Centre.
16. The Board at all times shall maintain the premises in a satisfactory
condition as determined by the Municipality acting reasonably. The Board
shall keep the premises in a clean condition and shall obtain, at its
expense, janitorial services. The Board will also be responsible for winter
maintenance snow removal.
17. The Board hereby accepts the Arena and Community Hall on an "as is"
basis. The Board shall maintain and keep the premises and every part
thereof in good working order and promptly make all needed maintenance,
repairs, and replacements, as would a prudent owner.
18.lf structural repairs or replacements to the roof, foundation or load bearing
walls, building envelope and/or the mechanical equipment are needed,
then the Municipality shall be obligated, at its expense, to affect such
repairs or replacements.
19.1f the Board during the Term of this lease or any renewal of the lease,
desires to make any alterations or additions to the premises, including but
not limited to erecting partitions, attaching equipment and installing
necessary furnishings or additional equipment of the Board's business, the
Board may do so at its own expense, at any time provided before
undertaking any alteration or addition, the Board submits to the
Municipality a plan showing the proposed alterations or additions and the
Board shall not proceed to make any alteration or addition unless the
Municipality has approved the Plan. The Municipality shall not
unreasonably or arbitrarily withhold approval.
20. The Board shall be responsible for and pay the cost of any alterations,
additions or installations, or improvements.
21. No sign, advertisement or notice shall be inscribed, painted, or affixed by
the Board or any other person on the Board's behalf on any part inside or
outside unless approved by the Municipality.
22.AII alterations and additions made by or on behalf of the Board shall
immediately become property of the Municipality without compensation to
the Board.
23. The Board agrees to observe and comply with all applicable governmental
laws and regulations including fire, police, health, etc. The Municipality will
ensure that the building meets all appropriate codes and regulations.
24. The Board will be responsible for the cost of all utilities for the building.
25. The Board shall promptly notify the Municipality of any accident, defect,
damage or deficiency in or on any part of the premises which comes to the
attention of the Board.
26. The Municipality will provide the Board with full access to all available
areas of the building.
27. The Municipality covenants with the Board for quiet enjoyment.
28. The Board cannot sell, lease or otherwise dispose of any of the assets of
the Orono Arena and Community Centre, all or part of real or personal
property related to the centre.
29. The Board agrees to use the revenue it generates from the provision of
the municipal service to fund the operation and maintenance of the
operation.
30. If the Board determines that it no longer requires an asset for the purpose
of providing a Community Centre or arena, the Board will release its
interest in the asset to the Municipality.
31. The Board will provide information to the Municipality on the operation and
management of the Community Centre and will be required to present to
Council a report once during the term of each Council.
32. The Board may enter into agreements for the operation and maintenance
of the Orono Arena and Community Centre. All such agreements that the
Board enters into will hold the Municipality of Clarington harmless from
any and all claims, actions, damages or lawsuits pertaining to the use of
the facility and premises.
33. Any employee of the Board will be considered an employee of the Board
and will be subject to the appropriate laws and regulations regarding
employment and will not be considered an employee of the Municipality of
Clarington under any circumstances.
34. The Municipality agrees to provide property and contents insurance
coverage to the Building.
35. The Municipality agrees to provide liability insurance coverage under the
Municipality's Master Policy.
36.lf the Board dissolves, all assets, including bank accounts shall be
temporarily turned over to the custody of the Municipality until a
replacement Board is established.
37. The OAAA will use the revenue it generates for the provision of services at
the Orono Arena and Community Centre to fund the operation and
maintenance of the operation.
38.ln the event that the OAAA ceases to exist, all assets relating to the
operation of the Arena and Community Centre will be released to the
Municipality of Clarington for the benefit of the Orono Community.
39. The Board shall, on or before the fifteenth day of December of each year,
prepare and submit to Council an estimate of its financial requirements for
the ensuing financial year.
40. The Board shall keep distinct and regular accounts of its receipts,
payments, credits and liabilities.
41. The accounts and transactions of the Board shall be audited by the
Municipal Auditor, and all minute books, books, records, documents,
transactions, accounts and vouchers of the Board shall be opened to his
inspection at all times.
42. Immediately after its accounts and transactions have been audited, the
Board shall submit them, together with an annual report of its affairs, to
Council.
43. THAT By-law 78-63, as amended, is hereby repealed.
By-law read a first and second time this 3rd day of March 2008.
By-law read a third time and finally passed this 3rd day of March 2008.
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