HomeMy WebLinkAboutBy-law 846/78THE CORPORATION OF THE TOWN OF PICKERING
BY-LAW NUMBER 846/7
8
Being a By-law to authorize the execution of
a Landfill Agreement between the Corporations of the
Town of Pickering, Town of Ajax, Regional Municial-
ity of Durham and Metropolitan Toronto.
Whereas by Resolution dated March 6, 1978, the council of the
Town of Pickering did enclose a four party agreement between
Metropolitan Toronto, the Region of Durham, the Town of Pickering
and the Town of Ajax which provided for free dumping privileges
for the Region of Durham and benefits to the Towns of Pickering
and Ajax in exchange for the closing of a section of a Town road
allowance to provide for an increased capacity to the Brock West
Sanitary Landfill Site;
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 a Landfill Agreement in the form attached
hereto as Schedule "A" between the Corporations
of the Town of Pickering, Town of Ajax,
Regional Municipality of Durham and Metropolitan
Toronto.
BY-LAW read a first; second and third time and finally
passed this 26th day of June , 1978.
7
i
ayor
Clerk
SCHEDULE "A" TO BY-LAW 846/78
THIS AGREEMENT made as of the day of
1978.
B E T W E E N:
THE REGIONAL MUNICIPALITY OF DURHAM,
Hereinafter called "Durham",
OF THE FIRST PART
- and -
THE CORPORATION OF THE TOWN OF PICKERING,
Hereinafter called "Pickering",
OF THE SECOND PART
- and -
THE CORPORATION OF THE TOWN OF AJAX,
Hereinafter called "Ajax",
OF THE THIRD PART
- and -
THE MUNICIPALITY OF METROPOLITAN TORONTO,
hereinafter called "Metro",
OF THE FOURTH PART.
WHEREAS by an agreement, hereinafter called the
"Agreement", dated February 19, 1970, between the Corporation
of the Township of Pickering, hereinafter called the "former
Township", and Metro, the former Township approved, inter alia,
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of the use by Metro of certain lands, namely, the Liverpool,
Brock North and Brock South landfill sites, as therein
described, for purposes of refuse disposal in return for,
inter alia, the right of the former Township to dispose of
350,000 tons of solid waste, hereinafter called the "Initial
Allotment", in such landfill sites free of charge and to
receive certain payments, hereinafter called "royalty
payments", pursuant to paragraphs 12 and 13 of the Agreement;
and
WHEREAS, as of the date hereof, the balance
remaining on the Initial Allotment is 217,103.06 tons; and
WHEREAS by virtue of The Regional Municipality of
Durham Act, S.O. 1973, c. 78, as amended, hereinafter called
the "Durham Act" and the report of the Committee of
Arbitrators on the final disposition of the assets, liabilities
and reserve funds and financial adjustments of the former
Township dated July, 1974, established pursuant to Section
96 of the Durham Act, Pickering is, with respect to the said
Liverpool and Brock North sites, and Ajax is, with respect to
the said Brock South site, the legal successor of the former
Township and entitled to the benefits and subject to the
obligations contained in the Agreement; and
WHEREAS by virtue of the Durham Act, Durham is, as of
the date hereof, required to provide facilities for the
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receiving, dumping and disposing of waste in the Regional
Municipality of Durham, as presently constituted, herein-
after called "the Durham Region", and may contract with any
person for such purposes; and
WHEREAS prior to the preparation of this agreement
the parties hereto entered into negotiations with respect to the
provision of additional disposal facilities at the said Liverpool
site, hereinafter called the "Brock West site", which said site
is outlined in red on Drawing No. 1625-765-3 attached and marked
as Schedule "A"hereto and with respect to their respective rights
and objectives under the Agreement.
NOW THEREFORE THIS AGREEMENT WITNESSETH that in
consideration of the premises and the sum of TWO Dollars
($2.00) now paid by the parties, each to the other, the receipt
and sufficiency whereof are hereby acknowledged by each of
them, the parties hereto covenant and agree as follows:
1. Pickering agrees to stop up and close Sideline 22
from Concession Road 3 to the CPR, being the lands outlined in
blue on said Drawing No. 1625-765-3 and more particularly des-
cribed in Schedule "B" attached hereto, following which it will
transfer ownership of the said lands to Metro at a nominal con-
sideration, suitably zoned for solid waste disposal, whereupon
the said lands shall form part of the Brock West site and shall
be subject to the provisions of the Agreement and this agree-
ment.
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2. Ajax agrees to convey to Metro at a nominal con-
sideration all lands owned by Ajax situate within the Brock
South site, being the lands outlined in red on Drawing No.
P.1671.01 attached and marked as Schedule "C" hereto, and
more particularly described in Schedule "D" attached hereto.
3. Pickering, Ajax and Metro hereby agree to continue
negotiations with respect to Metro's obligations to provide
a five (5) acre site in the buffer strip around one of the
designated areas referred to in Paragraphs 14 and 20 of the
Agreement.
4.(a) Metro agrees to increase the Initial Allotment (of
which there are, as of the date hereof, 217,103.06 tons re-
maining) by 67,000 tons and the parties agree that the balance
of the Initial Allotment, increased as aforesaid, shall be
allocated as follows:
(i) 100,000 tons thereof, hereinafter called the
"Ajax Allotment", to Ajax; and
(ii) the balance thereof, i.e. 184,103.06 tons,
hereinafter called the "Pickering Allotment",
to Pickering.
(b) Metro hereby grants to Durham the right to dispose
of 467,000 tons of solid waste, hereinafter called the "Durham
Allotment", over and above the Pickering Allotment and the
Ajax Allotment, at Metro landfill sites located in the Durham
C
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Region free of any charge by Nviro therefor.
(c) The parties hereto agree that the Pickering Allotment,
1_he Ajax Allotment and the Durham Allotment may only be dis-
posed of at a landfill site operated by Metro and located
within the Durham Region; PROVIDED HOWEVER THAT these rights
shall remain in force and continue only so long as Metro is
operating a landfill site for the disposal of solid waste
within the Durham Region.
5.(a) . With respect to royalties payable by Metro under
paragraphs 12 and 13 of the Agreement, such royalties shall
be paid as follows:
(i) For refuse deposited at the Brock North and Brock
West sites: 1.00% to Pickering; and
(ii) For refuse deposited at the Brock South site:
50% to Ajax and 50% to Pickering.
(b) No royalties shall be payable by Pickering or Ajax
to anyone whomsoever with respect to the Pickering Allotment
or the Ajax Allotment.
(c) Subject to Paragraph 5(d) hereto, no royalties shall
be payable by Durham to anyone whomsoever with respect to the
Durham Allotment.
(d) Durham agrees to pay to Ajax and Pickering jointly
with respect to that portion of the Durham Allotment deposited
at the Brock South site a royalty equal in the aggregate, to
50% of the amount which Metro would othei.wise be obliged to
pay under paragraphs 12 and 13 of the Agreement if such
paragraphs applied to the Durham Allotment.
(e) Notwithstanding anything contained in the Agreement
or this agreement, Metro shall not be required to make any
payments to anyone whomsoever with respect to the Durham
Allotment, the Pickering Allotment or the Ajax Allotment
6. The parties hereto and each of them agree that only
solid wastes collected or transferred within the Durham Region
by vehicles operated by or on behalf of Durham and/or area
municipalites thereof or their duly authorized representatives,
agents or contractors in that behalf and so designated by
Durham, Pickering or Ajax in satisfaction of their respective
allotments shall be deposited in Metro Landfill Sites within
the Durham Region.
7. Durham covenants and agrees with Pickering to
discontinue and forever abandon its Application to the Ontario
Municipal Board dated February 19, 1976, with respect to
development charge levies allegedly collected or to be
collected by Pickering with respect to functions within the
exclusive jurisdiction of Durham.
g. Durham, Pickering and Ajax agree, where necessary
and applicable, to amend their Zoning By-laws and Official
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Plans to permit 1_he use of the Brock North and Brock South
sites and the Brock West site including the lands described
in Schedule "B" hereto, for refuse disposal in accordance with
the terms of the Agreement and this agreement.
9. The parties hereto and each of them acknowledge and
agree that this agreement is subject to the approval of the
use by Metro of the lands described in Schedule "B" hereto
for waste disposal purposes by the Ministry of Environment,
the Metropolitan Toronto and Regional Conservation Authority
and any other public authority having jurisdiction, including,
but without limiting the generality of the foregoing, the
Minister of Housing and the Ontario Municipal Board.
10. Metro hereby covenants and agrees with Durham that
it will maintain such records as Durham may require to permit
Durham to invoice in accordance with its standard invoicing
procedures.
11. Save as herein specifically amended, the Agreement
shall continue in full force and effect in accordance with the
provisions thereof.
12. The parties hereto and each of them agree to execute
further assurances and take all action necessary to give effect
to the provisions of the Agreement and this agreement.
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13. The parties hereto agree that the Agreement, as
amended by this agreement, shall extend to and be binding
upon and enure to the benefit of each of the parties hereto
and their successors and assigns, respectively.
IN WITNESS WHEREOF the parties hereto have here-
unto affixed their corporate seals attested by the hands of
their respective proper officers in that behalf duly
authorized.
THE REGIONAL MUNICIPALITY OF DURHAM
Per:
c/s
THE CORPORATION OF THE TOWN OF PICKERING
Per:
c/s
THE CORPORATION OF THE TOWN OF AJAX
Per:
THE MUNICIPALITY OF METROPOLITAN TORONTO
c/s
Per:
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SCHEDULE 'A tJ?
THE REG]ONAL MUNICIPALITY OF DL.-..iAM
- and -
']'HE CORPORAT70N OF THE TOhN OF
PICKERING
- and -
THE CORPORATION OF THE TOWN OF AJAX
- and -
THE MUNfCIPAIATY OF METROPOLITAN
TORONTO
A G R E E M E N T
Sims, Morton, McTnerney & Brady
Barristers & Solicitors
117 King Street
Whitby, Ontario
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