HomeMy WebLinkAboutBy-law 2830/88 THE CORPORATION OF THE TOWN OF PICKERING
BY-LAW NO.2830 /88
Being a by-law to authorize the execution of an
Agreement between The Corporation of the Town
of Pickering and Her Majesty the Queen in Right
of Ontario as represented by the Minister of
Municipal Affairs respecting the implementation of
the Ontario Program for renewal, improvement,
development and economical revitalization in the
Community Improvement Project Area known as
the Bayview Street Rehabilitation Area.
WHEREAS pursuant to the provisions of section 30 of the Planning Act 1983, S.O.
1983, chapter 1, a municipality may enter into an Agreement with the Minister of
Municipal Affairs for payment to the municipality, on terms and conditions, of Grants
in aid of Community Improvement;
NOW THEREFORE, the Council of The Corporation of the Town of Pickering HEREBY
ENACTS AS FOLLOWS:
1. The Mayor and Clerk are hereby authorized to execute an Agreement, in the
form attached hereto as Schedule A, between The Corporation of the Town of
Picketing and Her Majesty the Queen in Right o£ Ontario as represented by the
Minister of Municipal Affairs respecting the implementation of the Ontario Pro-
gram for renewal, improvement, development and economical revitalization in the
Community Improvement Project Area known as the Bayview Street Rehabilitation
Area.
2. Schedule A hereto forms part of this By-law.
3. This By-law shall take effect only upon the approval of the Ontario Municipal
Board under section 64(1) of the Ontario Municipal Board Act, R.S.O. 1980,
chapter 347, having been obtained.
BY-LAW read a first, second and third time and finally passed this 27th day of June,
1988.
Schedule A
Town of Pickering Community Improvement
Project Area Implementation Agreement - PRIDE
THIS AOREEMENT made in duplicate this ~ day of ~c~e 19~
BETWEEN:
HER MAJESTY THE QUEEN IN RIGHT OF ONTARIO, AS
REPRESENTED BY THE MINISTER OF MUNICIPAL AFFAIRS
(hereinafter called the "Minister")
OF THE FIRST PART
- and -
THE CORPORATION OF THE TOWN OF PICKERING
(hereinafter called the "Municipality")
OF THE SECOND PART
WHEREAS the Municipality is entitled to apply for a 50% contribution
under the Ontario Program for Renewal, Improvement, Development and
Economic Revitalization (PRIDE), of the Ministry of Municipal Affairs~
AND WHEREAS the Municipality has satisfied certain pre-requisites for
such contribution as follows:
a) Pursuant to Section 28(2) of the Planning Act, S.O. 1983, Ch. 1,
the Municipality, by Dy-law No. 2660/88 has designated aa a
community improvement project area that area shown outlined in red
on the map attached as Schedule "A"~ hereinafter called the
"Area" ,
b) Pursuant to Section 28(4) of the Planning Act, S.O. 1983, Ch. l,
the Municipality, with the approval of the Minister or the Ontario
Municipal Board, as the case may be, has adopted a community
improvement plan for the Area, hereinafter called the "Community
Improvement Plan",
c) The Municipality has made written application to the Minister for
financial assistance, by way of such contribution, to assist in
the improvement of the Area in accordance with the Community
Improvement Plan, including the costs for the preparation of the
Community Improvement Plan incurred after the date of approval of
the allocation of funds by the Minister to the Municipality under
the aforesaid Program;
AND WHEREAS pursuant to Section 30 of the Planning Act, S.O. 1983,
Ch. 1, the Minister, subject to the terms and covenants of this
A~reement and subject to the approval of the Lieutenant
Governor-in-Council, has agreed to make contribution to the
Municipality of up to $0~ of the Actual Costs, as hereinafter defined.
NOW THEREFORE THIS AGREEMENT WITNESSES THAT, in consideration of the
mutual covenants hereinafter contained, the Parties hereto covenant,
promise and agree each with the other as follows:
1. DEFINITIONS
In this Agreement:
a) "Accounts" means such invoices, billings, statements,
accounts and related documentation required by the Ministry
to s~tisfy it as to the amount or amounts of Actual
h) "Actual Costs" means the costs incurred and paid by the
Municipality for the work and services itemized in Schedule
"B" attached hereto;
c) "Estimated Costs" means the detailed estimates of eiigible
costs for the work and services itemized in Schedule "B";
d) "Hinistry" means the Hinistry of Municipal Affairs for the
Province of Ontario, its successors and assigns;
e) "Program" means the Ontario Program for Renewal, Improvement,
Development and Economic Revitalization (PRIDE);
f) "Project" means the work and services itemized in Schedule
"B" and shown on the map attached as Schedule "C".
COMPLETION DATES
The Municipality shall:
a) Complete that portion of the implementation of the Project to
which the first 33% of the Actual Costs apply and shall
submit to the Hinistry all Accounts in relation thereto not
later than the 31st day of March 19 89 , being the First
Completion Date;
b) Complete that portion of the implementation of the Project to
which the second 33% of the Actual Costs apply and shall
submit to the Hinistry all Accounts in relation thereto not
later than the 31st day of March 1990 , being the Second
Completion Date;
c) Complete the balance of the Project and submit to the
Ministry all Accounts in relation thereto not later than the
31st day of March 199~ being the Final Completion Date.
MINISTRY CONTRIBUTION
a) The Ministry~s contribution will be by payments to the
Hunicipality of funds totalling $0~ of the Actual Costs
accepted by the Ministry, up to a max±mu~ total a~ount of
$ 375,000.00. This amount is an upset limit and will not be
increased in any event.
b) The agreement of the Ministry to make payments of funds under
this Agreement is subject to:
i) There being an appropriation by the Provincial
Legislature for the Program for the fiscal year in
which the payments would be required under this
Agreement;
(ii) The Ministry's right to limit payments of funds in any
given fiscal year as may be necessary due to unforseen
Provincial Government financial constraints;
(iii) The terms and covenants contained in this Agreement.
(c) The Ministry, in its sole discretion, may reduce the amount
of its contribution in the event that the Municipality fails
to complete the implementation of the Project, or any
portion thereof, within the times set out in clauses
2b) or 2c), or fails to subrait Accounts acceptable to the
Ministry, in the percentages and within the times set out in
clauses 2a), 2b) or 2c); provided that the amount or amounts
of any such reduction, in the Ministry's sole discretion,
will be equal to or less than $0% of the Estimated Costs for
the relevant work or services not implemented or for which
acceptable Accounts have not been submitted.
4. ACCOUNTS AND PAYMENTS
a) The Municipality shall submit Accounts to the Ministry not
less frequently than quarter-yearly, with the first
submission to be made not later than three months after the
date of this Agreement first above written;
b) Subject to satisfactory review of Accounts by the Ministry,
the Ministry will make payments of funds in accordance with
and subject to the following provisions:
i) All payments from the Ministry to the Municipality will
be made within 30 days of receipt from the Municipality
of acceptable Accounts;
ii) After completion or other finalization of the Project,
the Ministry may undertake a final accounting and audit
of the Actual Costs and appropriate adjustments, in
accordance with the Estimated Costs, will be made by
the Parties. Any overpayment hy the Ministry,
discovered at any time, shall be refunded expeditiously
by the Municipality to the Ministry after demand in
writing by the Ministry.
PROJECT REVIEW CO~4ITTEE
The Municipality and the Ministry shall establish & Committee to
be known as the "Project Review Committee". The Project Review
Committee shall consist of two members appointed from time to
time. One member will be a municipal staff member appointed by
the Municipality and one member will be a person appointed by the
Ministry. The Project Review Committee will function under the
following provisions:
a) The Project Review Committee will, from time to time, review
the progress of the implementation of the Project and any
revisions thereto;
b) The first meeting of the Project Review Committee shall take
place as soon as mutually convenient following its
establishment. Thereafter, the Project Review Committee will
meet as often as the Municipality and the Ministry deem
necessary;
c) The Project Review Committee will cease to exist upon the
completion of the Project.
PROCEDURES
The Municipality shall comply with the procedures for the
Program, as establiahed by the Ministry from time to time and
hereby incorporated by reference in this Agreement, and shall
submit Accounts in the format and by the method established by
the Ministry.
?, SEPARATE FINANCIAL RECORDS
The Municipality Mmll keep separate financial accounts and
records for Actual Costs and for contribution funds received from
the Ministry pursuant to this Agreement.
8. RECORDS
The Municipality shall retain and preserve all docmaents,
contracts, records and Accounts that relate to the work and
services done under tile Project for a period of seven (7) years
from the Final Completion Date.
9. ACCF~SS TO RECORDS
The Municipality shall permit access by duly authorized
representatives of the Ministry to such of its documents,
contracts, records and Accounts as are relevant to anything done
under or relating to this Agreement.
10. PURLIC TENDER
The Municipality shall let all.contracts relating to the
implementation of the Project by public tender unless the
b~nistry, in writing, waives this requirement.
11. PUBLISHINO
The Minister or the Ministry, without any obligation to make
payment to tile Municipality or any third party, stay print,
publish or otherwise reproduce in whole or in part, any report,
plan, document or other material prepared for the Project and may
distribute any of the same to any person, persons, corporations,
firms or associations or otherwise use same in any manner which
they may determine in their absolute discretion and tile
Municipality shall so provide in all its contracts with third
parties relating to the Project.
12. INDEMNIFICATION
The Municipality , at all times, shall indemnify and save
harmless the Minister and the Ministry from any claim or suit to
which they or either of them may be subjected and which may arise
as a result of the Project being undertaken or the publication of
material pursuant to Paragraph 11 or for any other reason
relating to this Agreement.
PROJECT SIGN
The Municipality agrees to install a Project sign in a
conspicuous and visually unobstructed location within the Project
area. The installation of the Project sign shall be carried out
at such time and in the form, and according to specifications, as
prescribed by the Ministry. The Municipality shall maintain the
Project sign in good condition until the Project is fully
implemented, at which time it may be removed. The cost of the
Project sign shall be deemed to be an Actual Cost so as to
qualify for Ministry contribution.
14. SCHEDULES
Schedules *SA", "B" and "C' hereto and all provisions contained
therein shall be, and they are hereby, made part of this
Agreement.
15. NO INDUCEMENT OR COLLATERAL AOREE~ENTS
This Agreement, including the recitals, schedules and any other
documents incorporated by reference herein comprise the whole of
the Agreement between the Parties and there are no collateral
terms or conditions thereof which are not so contained or
incorporated. No representations or inducements have been made
or given, to the Municipality which could give cause for
non-performance or rescission of this Agreement or any portion
thereof by the Hunicipality.
16. ,~ENDHENTS
An amendment to this Agreement shall not be binding unless it is
acknowledged in writing by both the Municipality and the Minister
or Ministry, whichever is appropriate.
17. NOTICES
Any notices which may be given under the provisions of this
Agreement shall be sufficiently given if mailed by registered
mail, postage prepaid, and in the case of the Ministry or the
Minister, addressed to the Director, Community Renewal Branch,
Ministry of Municipal Affairs, 13th Floor, 777 Bay Street,
Toronto, Ontario MSG 2E5, and in the case of the Municipality,
addressed to the Clerk of the Municipality, or at such other
address as the Parties may, from time to time, advise by notice
in writing. Any notice so mailed shall be deemed conclusively to
have been given on the second weekday following the day of
mailing.
18. INTERPRETATION
Wherever the singular and masculine are used in this Agreement,
the same shall be construed as meaning the plural, feminine or
neuter, where the context so requires.
19. HEADINGS
Paragraph headings are for ease of reference only and do not form
part of this Agreement.
10.
20. P~.~TIE~
This Agreement shall be binding upon and enure to the benefit of
the Parties hereto, their successors and assigns.
IN WITN~_SS TflER~Og, this Agreement has been executed by the Parties
hereto.
HER MAJESTY THE QUEEN IN RIGHT OF ONTARIO, AS
REPRESENTED BY TIlE ~IINISTER 0{: MUNICIPAL AFFAIRS
TIlE CORPORATION OF THE TOWN OF PICKERING
Schedule
I
BROWNING AVENUE '-~ --
BAYVIEW STREET
I
I
I
I
WATERPOINT STREET
I
FRENCHMAN'S
BAY
SCHEDULE A TOBY-LAW 26~,2./88
PASSED THIS
DAY OF February 1988
A~P[#OIX II
[Ifil&tad C~St and Sta~Jln~l O,f Improvements
, NO. P#OJ£CT C(]Ia~ONE#T ESTI~TED COST
Totlt ~fllctpll Provlnclll
Share *
.~.~ A. Pu~lflg Station
'. and Force. tn
:' ~ L ~lterpolflt
, '* C. 8ayvlem St. and
O. ~pll St. (If warranted),
': Simpson St., Browning St.
,. 5 J~lJ porttonJ and
' ::' X¥ ~ ~ATEA SERVICE ~100,0~ ~SO,~
~ ~ltirpotflt St.
6, 6a~v le~
: C. ~ple St, (lf warranted).
"' SlqSOA St~ Browning
'~:]:.~.: St. ~lt portion) and
~ STO~ ORAINAGE F~ILITIES J~OO,O~ ~125,000
' ' A. ~aterpolnJ SJ.
Brining St. J~st portion)
and St. ~rtln's Or. S.
':;'*,:. A. ~aterpotnt
:: 6. hyvle,
:~ C. ~ple St., Simpson St.,
~: 6roenlAo St.
:: pot tlon) and
':?:: TOTAL ~1,260.~0 ~86,~0 ~376.~0.
' :'.~ * To be offset by o~er Sources of funding Including Regional contributions and user levies
" ~* JflcIo~l paving, street lighting and boulevard trea~nt
· ** ~xt~l 5~ of costs
COMMUNITY IMPROVEMENT PROJECT AREA BOUNDARY
,i~ ';' AND PROPOSED WORKS ·
: ': :' BAYVIEW STREET REHABILITATION AREA
ROAD9 INTEND£O TO BECOME
laJ~LIC ROADS ~TH WATER
IIIIIIIIJ AP~OXlMATE ~AT~N OF
~IT~ S~R E~EUE~
~T ~EA