HomeMy WebLinkAboutBy-law 3133/89 THE CORPORATION OF THE TOWN OF PICKERING
BY-LAW NO. 3133/89
Being a by-law to authorize the execution of an
Agreement between The Corporation of the Town
of Picketing and The Corporation of the Town of
Ajax respecting the continuation of the Ajax/
Picketing Handi-Transit System, 1988-1990.
WHEREAS pursuant to the provisions of section 210.98 of the Municipal Act, R.S.O.,
1980, chapter 302, 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 208.5 of the said Act, the councils of
all municipalities have the authority to enter into agreements, inter alia, for the joint
management and operation of transportation systems; and
WHEREAS, Pickering and Ajax wish to continue a joint transportation system, to be
operated by Picketing, for the benefit of certain handicapped persons resident within
Pickering and Ajax;
NOW THEREFORE, the Council of The Corporation o{ the Town of Picketing HEREBY
ENACTS AS FOLLOWS:
1. The Mayor and Clerk are hereby authorized to execute an Agreement, in the
form attached hereto as Schedule A, between The Corporation of the Town of
Picketing and The Corporation of the Town of Ajax respecting the continuation
of the Ajax/Picketing Handi-Transit System from January 1, 1988 to December
31, 1990.
BY-LAW read a first, second and third time and finally passed this 15th day of May,
1989.
Wayne Art3Z6rs,-Mayor
TOWN Of
APPROVED-
AS TO £ORM
THE CORPORATION OF THE TOWN OF PICKERING
BY-LAW NO. 3133/89
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 continuation of the Ajax/
Picker/rig Handi-Transit System, 1988-1990.
WHEREAS pursuant to the provisions of section 210.98 of the Municipal Act, R.S.O.,
1980, chapter 302, 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 208.5 of the said Act, the councils of
all municipalities have the authority to enter into agreements, inter alia, for the joint
management and operation of transportation systems; and
WHEREAS, Picketing and Ajax wish to continue a joint transportation system, to be
operated by Picketing, for the benefit of certain handicapped persons resident within
Picketing and Ajax;
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 an Agreement, in the
form attached hereto as Schedule A, between The Corporation of the Town of
Picketing and The Corporation of the Town of Ajax respecting the continuation
of the Ajax/Picketing Handi-Transit System from January 1, 1988 to December
31, 1990.
BY-LAW read a first, second and third time and finally passed this 15th day of May,
1989.
Wayne ArtJ;rf~rs, rM~ayor
Bru~e Taylor; Cle/~k
Schedule A
THIS AGREEMENT made as of January 1, 1988.
BETWEEN:
THE CORPORATION OF THE TOWN OF PICKERING
hereinafter referred to as "Pickering"
OF THE FIRST PART,
THE CORPORATION OF THE TOWN OF AJAX
hereinafter referred to as "Ajax"
OF THE SECOND PART.
WHEREAS, pursuant to the provisions of section 210.98 of the Municipal Act, R.S.O.
1980, chapter 302, the councils of all local municipalities have the authority to ac-
quire, establish, maintain and operate a public bus transportation system; and
WHEREAS, pursuant to the provisions of section 208.5 of the said Act, the councils of
all municipalities have the authority to enter into agreements, inter alia, for the joint
management and operation of transportation systems; and
WHEREAS, Picketing and Ajax wish to continue a joint transportation system, operat-
ed by Picketing, for the benefit of certain handicapped persons resident within
Picketing and Ajax;
NOW THEREFORE, THIS AGREEMENT WITNESSETH THAT, in consideration of the
mutual covenants and agreements herein contained and subject to the terms and
conditions hereinafter set out, the Parties hereto agree as follows:
1. Pickering and Ajax shall continue the joint public bus transportation system,
known as "Ajax/Picketing Handi-Transit", for the purpose of the transportation
within the boundaries of ~Pickering and Ajax, and to and from certain points
outside those boundaries, of those residents of Aiax or Picketing who, because
of a physical disability, are not able to board a regular transit facility.
2. Picketing shall be responsible for the day-to-day operation of the system, and
(a) all vehicles used by the system shall be owned, maintained and insured
by Picketing; and
(b) all staff required in the day-to-day operation of the system shall be
employees of Pickering.
3. (1) Fares and rates for the carriage of passengers shall,
(a) be established by the Directors of Transportation of both Picker-
ing and Ajax;
(b) be the same for residents of Picketing and for residents of Ajax;
(c) be subject to the approval of the Councils of each of Picketing
and Ajax; and
(d) be subiect to the approval of the Ontario Highway Transport
Board and the Minister of Transportation as required by law.
(2) Fares shall be collected and accounted for in accordance with the pro-
visions of Schedule A attached hereto.
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 Picketing.
5. (1) The system shall provide transportation for eligible handicapped persons
and their eligible assistants between any point in either Pickering or Ajax
an d,
(a) any other point in either Picketing or Ajax;
(b) Durham College of Applied Arts and Technology in Oshawa;
(c) Oshawa General Hospital in Oshawa;
(d) Scarborough College in Scarborough;
(e) Scarborough Centenary Hospital in Scarborough, and
(f) Whitby General Hospital in Whitby,
subject to the approval of the Minister of Transportation; and, with
respect to clauses (b) and (c), the Town of Whitby and the City of
Oshawa; and, with respect to clauses (d) and (e), the Municipality of
Metropolitan Toronto; and, with respect to clause (f), the Town of
Whitby.
(2) The days, hours and frequency of operation of the system shall be as set
out in Schedule B attached hereto.
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 contributions 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 gross expense less,
(i) revenue from fares; ~nd
(ii) revenue from other sources, such as donations;
(c) 'adjusted net expense~ means net expense less,
(i) Picketing North payments received from Aiax; and
(ii) Picketing North payments received from Picketing.
(2) (a) At the end of every calendar quarter during the term of this
Agreement, each of Picketing and Ajax shall make "Picketing
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 Picketing north of, but not
including, Concession 5 Road.
(b) The amount of each town's Picketing North payments shall be the
aggregate of,
(i) $0.23 for each kilometre travelled, and
(fi) $15.83 for each hour of travel,
in the said part of the Town of Picketing on a trip or part of a
trip on behalf of an eligible handicapped person resident in the
payor town.
(c) Beginning December 1988, during December in each year of the
term hereof (except 1990), Picketing shall review the component
rates then in use for the calculation of the amount of each town's
Picketing North payments, and, if necessary due to reasonably
expected changes in the costs to the system of the provisions of
Picketing North trips or parts thereof during the next following
calendar year, Picketing shall revise those component rates and
advise Aiax in writing of the revisions on or before December 31,
and the amount of each Town's Picketing North payments shall
thereafter be calculated in accordance with those revisions until,
by operation of this provision, those rates are further revised.
(3) At the end of every calendar quarter during the term of this Agreement,
each of Picketing and Ajax shall pay to the system that 50% of the adiust-
ed net expense for that quarter.
7. In the event that either Picketing 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 resulting
from, the establishment or operation of the system, then Picketing and Ajax
shall share such liability equally and compensate each other accordingly, as may
be required.
8. (1) This Agreement shall be deemed to have come into force on January 1,
1988.
(2) The term of this Agreement shall expire at midnight on December 31,
1990.
(3) This Agreement may be terminated at any time by either party upon sixty
(60) days written notice to the other.
This Agreement, including Schedules A and B hereto, and everything contained
herein shall enure to and be binding upon the Parties hereto and their succes-
sors, but may not be assigned under any circumstances.
IN WITNESS WHEREOF the Parties hereto have hereunto affixed their corporate seals,
attested by their authorized officers.
SIGNED, SEALED & DELIVERED
THE CORPORATION OF THE TOWN OF PICKERING
Wayne Arthurs, Mayor
~ruce Taylor, Clerk
THE CORPORATION OF THE TOWN OF AJAX
Jim Witty, Mayor
Albert Hodges, Clerk
SCHEDULE A
FARE COLLECTION AND ACCOUNTING
A. FARE COLLECTION
1. Fares are established by the municipalities, in accordance with section
3(1) of the Agreement, and are subject to the approval of the Ministry of
Transportation and the Ontario Highway Transport Board, as required by
law.
2. Approved fares are collected by drivers from passengers upon
embarkation, unless circumstances do not permit, in which case such
fares are collected upon dis-embarkation.
3. Drivers deliver fares collected to Pickering's Director of Transportation
regularly and trip sheets are reconciled by the individual driver and the
Director.
4. The Director submits fares and trip sheets to the Pickering Treasury
Department which records the information and deposits the fares in the
bank.
B. ACCOUNTING
1. During the operational year, all expenditures and applicable revenues are
accummulated under a specific General Ledger account.
2. The General Ledger account is analyzed quarterly. Charges and reve-
nues relating to "Picketing North payments" are deducted from the
accummulated totals and are billed to the appropriate municipality, based
upon information shown on the trip sheets submitted.
3. The balance in the account is then pro-rated between Ajax and Pickering,
and quarterly bills sent to each.