HomeMy WebLinkAboutBy-law 1160/80THE CORPORATION OF THE TOWN OF PICKERING
BY-LAW NUMBER 1160/80
Being a by-law to authorize the execution
of an agreement between the Corporation of
the Town of Pickering and the Corporation
of the Town of Ajax respecting the estab-
lishment, operation and maintenance of the
Ajax/Pickering Handi-Trans Transportation
System
WHEREAS, pursuant to the provisions of section 352(1)90 of The
Municipal Act, R.S.O. 1970, c. 284, the councils of all local
municipalities may pass by-laws to acquire, establish, maintain
and operate a public bus transportation system; and
WHEREAS, pursuant to the provisions of section 352.5 of the said
Act, the councils of all municipalities may pass by-laws to
enter into agreements, inter alia, for the joint management and
operation of transportation systems;
NOW THEREFORE the Council of the Corporation of the Town of
Pickerinq HEREBY ENACTS as follows:
1. The Mayor and Clerk are hereby authorized to
execute the agreement in the form attached hereto
as Schedule "A" between the Corporation of the Town
of Pickering and the Corporation of the Town of
Ajax with respect to the establishment, maintenance
and operation of the Ajax/Pickering Ilandi-Trans
system.
BY-LAW READ a first, second and third time and FINALLY PASSED
this 7th day of July 1980.
TOW
PICKE CP
ING
APPR( ED
AS TO DRA4
LI_S9:L ( ET.
c c f \
Clerk
SCHEDULE "A" to By-law 1160/80
THIS AGREEMENT made in duplicate this day of , 1980
BETWEEN:
THE CORPORATION OF THE. TOWN OF PICKERING
hereinafter referred to as "Pickering",
OF THE FIRST PART,
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THE CORPORATION OF THE TOWN OF AJAX
hereinafter referred to as "Ajax",
OF THE SECOND PART.
WHEREAS, pursuant to the provisions of section 354 (1)90 of
the Municipal Act, R.S.O. 1970, c. 284, the councils of all
local municipalities have the authority to acquire, establish,
maintain and operate a public bus transportation system; and
WHEREAS, pursuant to the provisions of section 352.5 of the
said Act, the councils of all municipalities have the auth-
ority to enter into agreements, inter alia, for the joint
management and operation of transportation systems; and
WHEREAS,Pickering and Ajax wish to establish a joint trans-
portation system, to be operated by Pickering, for the benefit
of certain handicapped persons resident within Pickering or
Ajax;
NOW THEREFORE THIS AGREEMENT WITNESSETH THAT, in consideration
of the mutual covenants and agreements herein contained and
subject. to the terns and conditions hereinafter set out, the
Parties hereto agree as follows:
1. Pickering and Ajax shall establish a joint public bus
transportation system, to be known as ''Ajax/Dickering
Handi-Trans, for the purpose of the transportation
within the boundaries of Pickering and Aja::, and to and
from certain points outside those boundaries, of certain
handicapped persons ordinarily resident in Pickering or
Ajax.
2. Pickering shall be responsible for the day-to-day opera-
tion of the system, and
(a) all vehicles used by the system shall be owned,
maintained and insured by Pickering; and
(b) all staff required in the day-to-day operation of
the system shall be employees of Pickering.
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3. Fares and rates for the carriage of passengers shall,
(a) be established by the Directors of Transportation
of both Pickering and Ajax;
(b) be the same for residents of both Pickering and
Ajax;
(c) be subject to the approval of the Councils of
each of Pickering and Ajax; and
(d) be subject to the approval of any authority
whose approval may be required by law.
4. The eligibility of a handicapped person, and of any
assistant required by such a person, to be carried as
a passenger by the system shall be determined by the
chief administrative officer of the municipality in
which the handicapped person resides.
S. The system shall provide transportation for eligible
handicapped persons and their eligible assistants from
any point in either Pickering or Ajax,
(a) to any point in either Pickering or Ajax;
(b) to Durham College of Applied Arts and Technology
in Oshawa; and
(c) to Scarborough College in Scarborough,
subject to the approval of the Minister of Transportation
and Communications; and, with respect to clause (b),
the Town of Whitby and the City of Oshawa; and, with
respect to clause (c), the Borough of Scarborough.
6. (1) In this section, the term
(a) "gross expense" includes all capital expenses
and all operating expenses, the latter including,
but not necessarily limited to,
(i) salaries, wages and employer contribu-
tions to fringe benefit costs;
(ii) vehicle maintenance costs;
(iii) vehicle fuel, oil, tires and parts
costs;
(iv) vehicle insurance, including liability
insurance,costs;
(v) audit fees and telephone charges; and
(vi) building maintenance and vehicle
storage costs;
(b) "net expense" means grosF expense less,
(i) any provincial or federal grants or
subsidies;
(ii) revenue from fares; and
revenue from other sources, such as
donations;
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(c) "adjusted net expense" means net expense less,
(i) Pickering North payments received from
Ajax; and
(ii) Pickering North payments received from
Pickering.
(2) (a) At the end of every quarter during the term of
this Agreement, each of Pickering and Ajax shall
make "Pickering North payments" to the system,
being contributions to compensate the system for
any trips or parts of trips during that quarter
within that part of the Town of Pickering north
of, but not including, Concession 5 Road.
(b) The amount of each Town's Pickering North pay-
ments shall be the aggregate of,
(i) $0.14 for each kilometre travelled,
and
(ii) $10.20 for each hour during which,
a bus is in the said part of the Town of Pick-
ering on a trip or part of a trip on behalf of
an eligible handicapped person resident in the
payor Town.
(3) At the end of every quarter during the term of this
Agreement, each of Pickering and Ajax shall pay to
the system that Town's share of the adjusted net
expense for that quarter, which adjusted net expense
shall be pro-rated en a per capita basis between
Pickering and Ajax in accordance with the most recent
population figures provided by the Government of
Ontario.
7. In the event that either Pickering or Ajax, or both of
them may sustain or incur or be liable for any damages,
losses, costs, charges and expenses, in consequence of
any claim or demand in respect of, or in any way result-
ing from, the establishment or operation of the system,
then Pickering and Ajax shall share such liability and
compensate each other accordingly, as may be required,
on a per capita basis as if the liability were an ad-
justed net expense.
8. The term of this Agreement shall expire at midnight on
June 30, 1981 unless earlier terminated.
9. This Agreement may be terminated at any time by either
party upon 60 days written notice to the other.
10. This Agreement and everything contained herein shall
enure to and be binding upon the Parties hereto and
their successors, but may not be assigned under any
circumstances.
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IN WITNESS WHEREOF the Parties hereto have hereunto affixed
their corporate seals, attested by their authorized officers.
SIGNED, SEALED AND DELIVERED: THE CORPORATION OF THE TOWN
OF PICKERING
Mayor
Clerk
THE CORPORATION OF THE TOWN
OF AJAX
Mayor
Clerk