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HomeMy WebLinkAboutBy-law 1989B Y- L A W N U M B E R 1 9 8 9 A BY-LAW OF THE MUNICIPALITY OF THE TOWNSHIP OF PICKERING TO ADOPT AN AGREEMENT 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", and the Reeve and Clerk are hereby authorized to sign same on behalf of the Corporation. 4111--l- 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. 3. THAT By-Law Number 1970A be and the same is repealed. BY-LAW read a First and Second time this :r "G day of p 1954. BY-LAW read a Third time and PASSED this !F , A-,4 day of / q _1954. Reeve 4 0.f erk Attached to and Forming Part of By-Law Number 1989 THIS AGREEMENT made the First day of March, 1954 B E T W E E N The Municipal Corporation of The Village of Stouffville hereinafter called the "CORPORATION" OF THE FIRST PART - and- The Municipal Corporation of the ow ship 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 the 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 receives the final approval of the 0orporation 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 Stouff- ville 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 the Township of Pickering 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 on 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 Part 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'reasori of'servirig 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 there shall not be any liability in damages or otherwise for failure of the Stouffville Fire Brigade to answer every and all calls. 4. AND the Corporation of 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 Stouffville Fire Brigade and each and every member thereof, their heirs, executors, administrators and successors, from and against all loss, costs, damages and expenses - 2 - 4. (Continued) expenses which the said Corporation of the First Part, Stouffville Fire Brigade, and each and every member therof, their heirs, executors, and successors may at any time carry out and per:orm the terms of this agreement. PROVIDED that such act of omission or commission of the said Corporation 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, as a retaining fee, the sum of One Hundred (1100.00) Dollars yearly and shall pay in addition for services aforesaid, Sixty ($60.00) Dollars for the first two hours, or any part thereof, and Twenty-Four x¢24.00) Dollars per hour thereafter that the Stouffville Fire Brigade shall be on duty in serving any fire within the limits aforesaid of the said Township of Pickering, the hours to be calculated from the time the said Brigade leaves the Fire Hall, Stouffville, until it again returns to the said Fire Hall. 6. The sum of Eighty-three Dollars and thirty-three cents shall be the sum due the Corporation of the First Part from the Corporation of the Second Part for the period from March 1, 1954 to December 31, 1954. This amount shall be due on or before the first day of December, 1954. 7. The sum of One Hundred ($100.00) Dollars mentioned in Clause Five of this agreement shall be due and payable on or before the First day of December in each year thereafter during the term of this agreement and the service charges shall be due and payable forthwith on the accounts being rendered by the Village of Stouffville, to the Township of Pickering. $. 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 Respect- ive Corporations. SIGNED, SEALED and DELIVERED ) "Henry Ogden" -- Reeve in the presence of "Garfield D. Brown" -- Clerk . . . . . . Reeve . . . . . . . . . . Clerk