HomeMy WebLinkAboutBy-law 357/76THE CORPORATION OF THE TOWN OF PICKERING
BY-LAW NUMBER _3-7 1-14
Being a By-law to establish a
Reserve Fund.
WHEREAS R.S.O. 1970, c. 284 s. 308 (1) authorizes every
Municipality or any of its local boards each year to provide in the
estimates for the establishment or maintenance of a Reserve Fund.
THEREFORE the Council of the Corporation of the Town of
Pickering ENACTS AS FOLLOWS:
1. THAT a Reserve Fund be established and maintained to set
aside monies received from levies taken in lieu of industrial/commercial
development and that these funds be used for capital expenditures for
community facilities in the Town of Pickering.
2. THAT the monies so provided in each year shall be deposited
in a special Bank Account designated "Reserve Fund for Community
Facilities Development" on or before December 31st in that year and may
be invested in such securities as a Trustee may invest under the
Trustees Act, and the earnings derived from the investment of such
monies shall form part of the Reserve Fund.
3. THAT the money raised for the said Reserve Fund shall not
be expended, pledged or applied for any purpose other than that for
which the fund was established without a two-thirds vote of the members
of the Council.
4. THAT the Auditor in his annual report shall report on the
activities and position of said Reserve Fund.
5. THAT this by-law shall come into force and take effect upon
the date of the final passing thereof, subject to its having received
the assent of at least two-thirds of Council.
BY-LAW read a First, Second and Third Time and PASSED this h
day of Uk4&t , 1976.
Mayor
?'Uw4:.'?1)ala r
Clerk }
THIS AGREEMENT made in triplicate, this
BETWEEN:
day of 197v .
THE MUNICIPAL CORPORATION
OF THE
TOWN OF PICKERING
hereinafter called the
"Town of Pickering"
OF THE FIRST PART
and
HER MAJESTY THE QUEEN IN RIGHT
OF ONTARIO AS REPRESENTED BY
THE MINISTER OF THE ENVIRONMENT
hereinafter called the
"Grown"
OF THE SECOND PART
and
THE METROPOLITAN TORONTO and
REGION CONSERVATION AUTHORITY
hereinafter called the
"M. T. R.C.A."
OF THE THIRD PART
WHEREAS the "Town of Pickering" is the owner, in fee simple
absolute and in possession of certain public roads within the boundaries
of the Town of Pickering, which roads may be described as:
Part of Montgomery Park Road, shown
coloured yellow on the attached sketch,
Part of Squires Beach Road (formerly
Station Road), shown coloured green
on the attached sketch,
And all of those portions of the roads
within the area known as "Squires Beach",
shown coloured orange on the attached
sketch, as are considered to be public
roads.
AND WHEREAS the "Crown" proposes to construct and operate a
pollution control centre, known as the Duffin Creek Pollution Control
Centre, at which a sewage works will be constructed by the Crown, the
site for which is outlined in red on the attached sketch, hereinafter
referred to as the "site";
AND WHEREAS the "Crown" has purchased or expropriated all
the necessary lands within the "site", not owned by the M.T.R.C.A.;
AND WHEREAS the "Crown" and the M.T.R.C.A. are the only
abutting owners to the aforesaid public roads;
AND WHEREAS in order to facilitate the construction and
operation of the Duffin Creek Pollution Control Centre, it is necessary
for the aforesaid public roads to be stopped up and closed;
WITNESSETH that in consideration of one dollar and the
covenants and agreements hereinafter set forth, the parties hereto
covenant and agree that:
1. The "Town of Pickering" will cause the following roads to
be stopped up, closed and conveyed to the "Crown":
Part of Montgomery Park Road, shown
coloured yellow on the attached sketch,
Part of Squires Beach Road, shown coloured
green on the attached sketch,
And all of the public roads within the
area known as "Squires Beach", shown
coloured orange on the attached sketch;
2. The "Town of Pickering" will initiate the stopping up,
closing and conveyance to the "Crown", from time to time, as requested
by the "Crown";
3. The "Town of Pickering" will maintain the public roads
described under 1. until such time as they are stopped up and closed,
excepting therefrom those roads not now maintained by the "Town of
Pickering";
4. The "Town of Pickering" will assume the roads described
under 7. as public roads and accept responsibility for their main-
tenance;
5. The "Crown" will convey to the "Town of Pickering" for the
purposes of public highways:
(a) a strip, 48 feet in perpendicular width,
extending from McKay Road easterly to
Squires Beach Road along the northerly
limit of the "site", shown coloured
brown on the attached sketch, and shown
as Part 1 on Plan 40R-2176;
(b) a strip, 86 feet in perpendicular width,
extending from Squires Beach Road easterly
for a distance of 1,332.40 feet, and
along the northerly limit of the "site",
shown coloured blue on the attached sketch,
and shown as Part 1 on Plan 40R-2576;
(c) a strip, 66 feet in perpendicular width,
extending from the 86 foot strip under 5.
(b) southerly to Montgomery Park Road,
shown coloured pink on the attached sketch,
and shown as Parts 2, 3 and 5 on Plan
40R-2576.
6. The "Crown" undertakes to provide legal surveys of the
lands described in 5. (a), (b) and (c);
7. The "Crown" will cause the construction of an asphalt road
with drainage ditches on the public highways to be conveyed under Clause
5. (a), (b) and (c), in accordance with plans prepared by Proctor and
Redfern Limited and approved by the "Town of Pickering";
8. The "Crown" and the "Town of Pickering" further agree
that the closing of parts of Montgomery Park Road and Squires Beach
Road will not take place until such time as the road under 7. has
been completed and opened;
9. The "Crown" undertakes:
(a) To pay the full cost of constructing
the roads described in 7.
(b) To construct such works as may be
considered necessary by the "Town
of Pickering" to enable it to
maintain the roads under 3.
10. (a) The "Crown" undertakes to grant an easement in perpetuity
to the "Town of Pickering" for storm sewer purposes over a strip of land
(i) 25 feet in perpendicular width adjoining Part 5,
Plan 40R-2576 to the south and west;
(ii) 30 feet in width adjoining Parts 2 and 3, Plan
40R-2576 to the east
(b) To "Crown" undertakes to provide the 7ognl surveys of the
easements described in 10. (a) (i) and (ii).
11. The "M.T.R.C.A." consents to the aforesaid road closings
and to the conveyance of the closed roads to the "Crown" notwithstand-
ing that the "M.T.R.C.A." may be the owner of lands abutting the roads
to be closed;
12. The "Crown" will consent to the conveyance by the "Town
of Pickering" to the "M.T.R.C.A" of any of the roads opened on the lands
in 5. (a), (b) and (c), subject to the "Crown" retaining such rights of
access as it requires;
13. This Agreement shall enure to the benefit of and be binding
upon the successors, assignors and administrators of the parties hereto;
14. The "Town of Pickering" will pass any by-laws necessary
and make any applications necessary to the Ontario Municipal Board or
any other body to carry out the purposes of this Agreement.
This Agreement is subject to the approval of the Ontario
Municipal Board. Any costs in connection with this clause will be borne
by the "Crown";
15. Any notice to be given in connection herewith shall be
deemed to have been given two (2) days after the mailing thereof;
to - The Corporation of the Town of Pickering
1710 Kingston Road
Pickering, Ontario
or to - The Minister of the Environment
40 St. Clair Avenue, West
Toronto, Ontario
or to - The Metropolitan Toronto and
Region Conservation Authority
5 Shoreham Drive
Downsview, Ontario
as the case may be
Provided any party by written notice to the other parties may change its
mailing address for the purposes of this section;
Agreement.
IN WITNESS WHEREOF, the parties hereto have executed this
SIGNED, SEALED AND DELIVERED
IN THE PRESENCE OF
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