HomeMy WebLinkAboutBy-law 1970AB Y - L A W N U M B E R 1(1 7 O A
A BY-LAW OF THE MUNICIPALITY OF THE TOWNSHIP OF PICKERING TO ADOPT
AN AGREE14ENT FOR FIRE SERVICE TO A PORTION OF PICKERING TOWNSHIP
FROM THE VILLAGE OF STOUFFVILLE.
BE IT ENACTED by the Municipal Council of the Township of Pickering:
1. That the Agreement with the Village of Stouffville attached
hereto shall be a part of this By-Law and shall be called
Schedule "A".
2. That the area to be served by the Fire Department of the said
Village of Stouffville shall be: Lots 27 to 35 inclusive in
the Ninth Concession and the north halves of Lots 27 to 35
inclusive in the Eighth Concession of the Township of Pickering.
BY-LAW read a First and Second time this3?Ze day of_O CZ? ? 1953
BY-LAW read a Third time and PASSED this ,6" day of &cAr4- r. 1953
•
.....?.??a T 6vt ....
Reeve
?Clerk?
Attached to and Forming Part of By-Law Number 1-970 A
THIS AGREEMENT made the 10th day of September, 1953.
B E T W E E N
THE MUNICIPAL CORPORATION OF THE
VILLAGE F STOUFFVILLE
hereinafter called the "CORPORATION"
OF THE FIRST PART
- and - THE MUNICIPAL CORPORATION OF THE
TOWNSHIP OF PICKERING
hereinafter called the "CORPORATION"
OF THE SECOND PART
WHEREAS the Corporation of the First Part owns a fire engine, fire
apparatus and equipment and maintains a fire brigade hereinafter
called Stouffville Fire Brigade;
AND WHEREAS an agreement has been reached between the Corporation of
the First Part and the Corporation of the Second Part for serving
a defined area of the last mentioned Corporation with fire protection;
NOW THEREFORE THIS AGREEMENT WITNESSETH THAT, in consideration of the
covenants and conditions, hereinafter contained, the said Corporations
covenant, promise and agree one with the other as follows:
1. That any agreement or agreements, written or unwritten, now
existing between the said Corporations with reference to fire
service, are hereby terminated, and this agreement shall be
construed as having come into effect on the date it receiv4s
the final approval of the Corporation of the First Part and
the Corporation of the Second Part.
2. The Corporation of the First Part shall, whenever required to do
so, and within the tenor of this agreement, provide the Stouffville
Fire Brigade, fire engine, apparatus and equipment, for attendance
on any fire or fires within the limits of the Township of Pickering,
designated by resolution of Pickering Township Council.
3. The Corporation of the First Part shall exercise all reasonable
means to have the Stouffville Fire Brigade give to the said
Township good and efficient service at any fire which the said
Fire Brigade may be called within the said limits, but neither
the said Corporation of the First Part nor the said Stouffville
Fire Brigade nor any member or members thereof shall be liable
in damages or otherwise, for any loss, costs or damages which
may be suffered by the said Corporation of the Second Fart or by
any of its residents or ratepayers, or by any other person or
persons whatsoever, as a result of the Stouffville Fire Brigade
being unable, by reason of serving a fire elsewhere or of bad
roads, engine trouble or of any cause whatsoever, to serve any
fire or fires within the said limits, it being the tenor of this
agreement that every co-operation shall be extended by both
Corporations to keep down fires, but that there shall not be
any liability in damages or otherwise for the failure of the
Fire Brigade to answer every and all calls.
4. And the Corporation o the Second Part, in consideration of this
agreement, doth and shall from time to time, well and truly
save, defend and keep harmless and fully indemnify the said
Corporation of the First Part, the said Fire Brigade and each
and every member thereof, their heirs, executors, administrators
and successors, from and against all loss, costs, damages and
Agreement - Page 2
expenses which the said Corporation of the First Part, Stouffville
Fire Brigade, and each and every member thereof, their heirs, ex-
ecuters, and successors may at any time carry out and perform the
terms of this Agreement.
PROVIDED that such act of omission or commission of the said Cor-
poration of the First Part, or the Stouffville Fire Brigade, has
been free from negligence either by reason of non-feasance or
malfeasance.
5. The Corporation of the Second Part shall pay to the Corporation
of the First Part, for the services aforesaid, the sum of Sixty
(:60.00) Dollars for the first two hours or any part thereof, and
Twenty-four (''$24.00) Dollars per hour thereafter that the said
Stouffville Fire Brigade shall be on duty in serving any fire within
the limits aforesaid of the said Township, the hours to be calcul-
ated from the time the said Fire Brigade leaves the Fire Hall,
Stouffville, until it again returns to the said Fire Hall.
6. The said service charges shall be due and payable forthwith on the
accounts being rendered by the Corporation of the First Part to the
Corporation of the Second Part.
7. IT IS UNDERSTOOD AND AGREED that either party to this Agreement
shall have the right to terminate this Agreement at any time, on
first giving one months' notice in writing to the other party.
IN WITNESS WHEREOF the Seals of the said Corporations have been attached
hereto attested by the hands of the Reeves and Clerks of the said
Respective Corporations
SIGNED, SEALED and DELIVERED )
in the presence of ( VILLAGE OF STOUFFVILLE
....................
Reeve
....................
Clerk
TOWNSHIP OF PICKERING
........................
Reeve
....................
Clerk