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The Corporation of the
Municipality of Clarington
By-Law 2008-039
Office Consolidation
Being a By-law to establish a Municipal Service Board to operate a Community Hall in
Tyrone in the former Township of Darlington, now in the Municipality of Clarington and
to repeal By-law 97-62
_____________________________________________________________
Passed, by Council, on: March 3, 2008
Consolidated as of: March 17, 2023
Amendments:
Amending
By-law Date Amendment Details
2011-044 April 11, 2011 Amend section 2
2012-031 April 16, 2012 Amend section 2
2018-104 December 17, 2018 Amend sections 2 and 3
2021-031 March 1, 2021 Added section 9.1
Disclaimer:
The following consolidated by-law is an electronic reproduction made available for
information only. It is not an official version of the By-law. The format may be different,
and plans, pictures, other graphics or text may be missing or altered. The Municipality of
Clarington does not warrant the accuracy of this electronic version.
Official versions of all By-laws may be obtained from the Municipal Clerkâs Division.
Consolidated By-law No. 2008-039 Page 2
THE CORPORATION OF THE MUNICIPALITY OF
CLARINGTON
BY-LAW NO. 2008-039
Being a By-law to establish a Municipal Service Board to operate a Community Hall in
Tyrone in the former Township of Darlington, now in the Municipality of Clarington and
to repeal By-law 97-62
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;
NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE MUNICIPALITY
OF CLARINGTON ENACTS AS FOLLOWS:
1. That the Tyrone Community Hall located at 2716 Concession Road 7, Hampton,
Ontario, be under the management and control of a Municipal Service Board
appointed by Council to be called "The Tyrone Community Hall Board", hereinafter
referred to as the "Board".
2. The Board shall be appointed by Council and shall be comprised of one Member of
Council and an appropriate number of Directors to maintain operations of the facility,
being no less than three community members.
3. The members of the Board shall be elected annually 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. The Board shall submit their books and records to the Municipality annually for
review by the Municipality's auditors and consolidation with the Municipality of
Clarington's financial statements.
8. The Board shall meet a minimum of four (4) times annually and all meeting minutes
shall be submitted to the Municipality of Clarington.
Consolidated By-law No. 2008-039 Page 3
9. 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.
9.1. A member of the Board is permitted to participate electronically in a meeting and
may be counted in determining whether, or not, a quorum of members is present
at any point in time; and
For clarity, a Member of the Board may also participate electronically in a
meeting that is closed to the public, if the meeting is properly held in closed
session (i.e. the deliberations are permitted to be conducted in closed session,
moving from open session to closed session, and then rising and reporting, and
maintaining minutes of both the closed and open portions of the meeting).
10. The Board may make such rules as it considers necessary relating to the
management and control of the Community Recreation Centre.
11. 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.
12. 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.
13. The Board shall at all times 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.
14. The Board hereby accepts the 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.
15. If structural repairs or replacements to the roof, foundation or load bearing walls,
building envelope and/or the mechanical equipment are needed, the Municipality
shall be obligated at their expense to affect such repairs or replacements.
16. If the Board 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.
Consolidated By-law No. 2008-039 Page 4
17. The Board shall be responsible for and pay the cost of any alterations, additions or
installations, or improvements.
18. No sign, advertisement or notice shall be inscribed, painted, or affixed by the Board
or any other person on the Board's behalf or any part inside or outside unless
approved by the municipality.
19. AII alterations and additions made by or on behalf of the Board shall immediately
become property of the Municipality without compensation to the Board.
20. 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.
21. The Board will be responsible for the cost of all utilities for the building.
22. 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.
23. The Municipality will provide the Board with full access to all available areas of the
building.
24. The Municipality covenants with the Board for quiet enjoyment.
25. The Board cannot sell, lease or otherwise dispose of the Community Hall, all or part
of real or personal property related to the centre.
26. 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.
27. If the Board determines that it no longer requires an asset for the purpose of
providing a municipality community centre, the Board will release its interest in the
asset to the Municipality.
28. The Board will provide information to the Municipality on the operation and
management of the Community Hall and will be required to present to Council a
report once during the term of each Council.
29. AII 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.
30. 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.
Consolidated By-law No. 2008-039 Page 5
31. The Municipality agrees to provide property and contents insurance coverage to the
Building while this agreement is in place.
32. The Municipality agrees to provide liability insurance coverage under the
Municipality's Master Policy.
33. If 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.
34. THAT By-law 83-28 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
ORIGINAL BY-LAW SIGNED