HomeMy WebLinkAbout2008-038THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
BY-LAW 2008-038
Being a By-law to establish a Municipal Service Board to operate a
Community Hall in Solina in the former Township of Darlington, now in the Municipality
of Clarington and to repeal By-law 83-28
WHEREAS Section 196 of the Municipal Act, 2009 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:
That the Solina Community Hall located at 1964 Concession Road 6, Hampton,
Ontario, be under the management and control of a Municipal Service Board
appointed by Council to be called "The Solina Community Hall Board",
hereinafter referred to as the "Board".
The Board shall be appointed by municipal council and be comprised of seven
(7) persons, two (2) members of whom shall be members of Council.
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. 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.
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.
10. 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.
11. 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
anypart of it.
12. The Board at all times throughout the term 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.
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13. 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.
14.lf 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.
15.lf 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.
16. The Board shall be responsible for and pay the cost of any alterations, additions
or installations, or improvements.
17. 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.
18.AII alterations and additions made by or on behalf of the Board shall immediately
become property of the Municipality without compensation to the Board.
19. 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.
20. The Board will be responsible for the cost of all utilities for the building.
21. 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.
22. The Municipality will provide the Board with full access to all available areas of
the building.
23. The Municipality covenants with the Board for quiet enjoyment.
24. The Board cannot sell, lease or otherwise dispose of the Community Centre, all
or part of real or personal property related to the centre.
25. 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.
26.lf the Board determines that it no longer requires an asset for the purpose of
providing a municipal community centre, the Board will release its interest in the
asset to the Municipality.
27. 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.
28.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.
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29.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.
30. The Municipality agrees to provide property and contents insurance coverage to
the Building while this agreement is in place.
31. The Municipality agrees to provide liability insurance coverage under the
Municipality's Master Policy.
32.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.
33. The Board shall ensure that all financial records are submitted annually for
review to the Municipal auditors for consolidation with the Municipality of
Clarington financial statements.
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.
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