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HomeMy WebLinkAboutJanuary 27, 2002Finance & Operations Committee Meeting Agenda Monday, January 27, 2002 at 1:30 P.M. Chair: Councillor Pickles (i) ADOPTION OF MINUTES Meeting of November 25, 2002 (11) 1. DELEGATIONS Everett Kelly, representing the Ontario Public Service Employees Union within the Municipal Property Assessment Corporation, will address the committee respecting the restructuring of MPAC. (ltl) 1. MATTERS FOR CONSIDERATION PAGE OPERATIONS & EMERGENCY SERVICES REPORT OES 04-03 t-4 SAFER STREETS TRAFFIC MANAGEMENT STRATEGY OPERATIONS & EMERGENCY SERVICES REPORT OES 01-03 PARKING BY-LAW #2359/87 AMENDMENT TO IMPROVE SNOW CLEARING OPERATIONS 5-10 Referred at the Finance & Operations Meetin,q of November 25, 2002 OPERATIONS & EMERGENCY SERVICES REPORT OES 03-03 T. ARNTS LOAM SUPPLY LIMITED LEASE (RENEWAL) BROCK ROAD 11-29 OPERATIONS & EMERGENCY SERVICES REPORT OES 05-03 REDUCED LOAD PERIOD BY-LAW ANNUAL COMPILATION OF STREETS 30-48 Finance & Operations Committee Meeting Agenda Monday, January 27, 2002 at 1:30 P.M. Chair: Councillor Pickles (IV) STAFF ITEMS FOR DISCUSSION (V) OTHER BUSINESS FIVE MINUTE RECESS CORPORATE SERVICES REPORT CS 03-03 2003 INTERIM LEVY AND INTERIM INSTALLMENT DUE DATES 49-55 (VI) STAFF ITEMS FOR DISCUSSION (VII) OTHER BUSINESS (VIII) ADJOURNMENT RECOMMENDATION OF THE FINANCE & OPERATIONS COMMITTEE DATE MOVED BY SECONDED BY That Report OES 04-03 regarding the Safer Streets Traffic Management Strategy be received by Council; and That the Safer Streets Traffic Management Strategy Final Report (January 2003) be endorsed as a planning and technical tool; and That staff market and communicate the Strategy to stakeholders involved in the process and the general public. PICKERING REPORT TO FINANCE & OPERATIONS COMMITTEE Report Number: OES 04-03 Date: January 6, 2003 From: Richard W. Holborn, P. Eng. Division Head, Municipal Property & Engineering Subject: Safer Streets Traffic Management Strategy Recommendation: 1. That Report OES 04-03 be received by Council; and 2. That the Safer Streets Traffic Management Strategy Final Report (January 2003) be endorsed as a planning and technical tool and 3. That staff market and communicate the Strategy to stakeholders involved in the process and the general public. Executive Summary: The City of Pickering has developed a Safer Streets Traffic Management Strategy to guide the municipality on the implementation of traffic control measures to better manage the safe and efficient movement of traffic on City Streets. The strategy is a "toolkit" of traffic control measures that are designed to improve and balance traffic flow and safety on City streets. It sets out processes by which traffic control requests can be fairly and consistently reviewed. These processes are based on sound traffic engineering principles and technology, and include community involvement. The strategy is not an implementation document. It does not empower staff to implement changes but is the mechanism to bring forth recommendations for the consideration of Council. All traffic control measures will still require a resolution of Council or by-law to be implemented or altered. The information contained within the Strategy will assist in educating and guiding the public to foster a better understanding of traffic operations. Financial Implications: All costs for the Marketing Strategy and completion of the Traffic Management Strategy were incurred in 2002. Costs incurred for printing and distributing will be incurred in 2003 and will depend on demand. Future financial implications resulting from the implementation of related traffic control measures will be reported when a specific recommendation is brought forward to Council for consideration. Report OES 04-03 Subject: Safer Streets Traffic Management Strategy Date: January 6, 2003 Page 2 03 Background: The Safer Streets Traffic Management Strategy has been prepared for the Council of the City of Pickering by the Operations & Emergency Services Department by direction of the CAO following the regular Council meeting held December 18, 2000. The Draft Strategy was produced in March 2001 and was received by Council by Resolution #57/01, Item #3 on April 17, 2001. Council authorized a three-month public consultation process, which in actuality was carried out for the balance of 2001 as follows: Copies of the Draft Strategy were circulated to all community organizations in the City, concerned residents or any other stakeholder that may have interest in the content and/or development of the document. To date, responses have been received from a number of residential areas and also from City and emergency services such as fire, police, ambulance, roads, etc. It is estimated that well over a hundred copies of the strategy were sent out for review and comment. Staff retained the services of SRM Associates, a local Traffic Engineering consultant to review the Draft Strategy and to provide professional comment on its organization and content. A number of the comments received through the peer review are reflected in the final draft of the document. Public information meetings were held on the evenings of Wednesday, July 25th and Wednesday, September 19th, 2001. An overview of the Draft Strategy was provided at these meetings using a PowerPoint presentation following which the forum was opened for a question and answer period. Comments were received both in support and in opposition to specific sections of the Strategy with particular emphasis focused on our past traffic calming pilot projects. Both of these meetings were very well attended with total attendance exceeding 90 people having both a keen interest in the existing format and the future direction of the proposed Strategy. In 2002, after comments had been received by residents and stakeholders, it was decided that the document needed a marketing strategy in order to be presented in a more concise and user-friendly manner. The marketing strategy would include the creation of brochures for each component of the Traffic Management Strategy, and a communication plan. The services of ABA Inc. were retained and over a six month period this work was undertaken and is now being presented. The Safer Streets Traffic Management Strategy includes the following components: 1. Classification of Streets 2. Rationalization of Speed Limits 3. Programs and Policies a. Neighbourhood Traffic Watch Program b. 40km/h Reduced Speed Policy 04 Report OES 04-03 Subject: Safer Streets Traffic Management Strategy Date: Januaw 6,2003 Page 3 c. Ali-Way Stop Sign Policy d. Traffic Calming Policy e. Community Safety Zone Policy The components are to be received and endorsed by Council as a means for staff to receive, review, investigate and report on traffic management issues on City of Pickering streets. The Safer Streets Traffic Management Strategy is a living document, which can be revised to reflect future issues, technology and initiatives. Such initiatives could include the recently adopted Road Watch Program or the consideration of the use of Yellow- Green Fluorescent School area signs. The Safer Streets Traffic Management Strategy has been updated and is in Final Report format and shall be marketed and communicated to stakeholders and the general public. The Strategy will be monitored and reviewed regularly to ensure that the policies remain current and relevant. The strategy reflects Pickering's commitment for community out reach and input and provides that opportunity through its policies. Attachments: Not Applicable Prepared By: /Bi'hard ~V:,,~Z[olb~rn, P. Eng. /'Division Head Municipal Property & Engineering ~'e re~t b~ur :sma Director, Operations & Emergency Services RWH:ds I:\COUNCIL\OES 04-03.doc Jan-03 Copy: Chief Administrative Officer Recommended for the consideration of Pickering City Council ./ ~ /' ,<;_.~ ,, Tbd'n~s ,J. ~n, C~ef Admi~ve Off&er RECOMMENDATION OF THE FINANCE & OPERATIONS COMMITTEE DATE MOVED BY SECONDED BY That Report OES 01-03 regarding an amendment to parking By-law 2359/87 be received; and That the attached draft amendment to City of Pickering Parking By-law 2359~87 be adopted thereby prohibiting all on-street parking during the times of snow clearing operations. PICKERING REPORT TO FINANCE & OPERATIONS COMMITTEE Report Number: OES 01-03 Date: January 6, 2003 From: Richard W. Holborn, P.Eng. Division Head, Municipal Property & Engineering Subject: Parking By-law #2359/87 - Amendment to improve snow clearing operations Recommendation: 1. That Report OES 01-03 regarding an amendment to parking By-law #2359/87 be received; and 2. That the attached draft amendment to City of Pickering Parking By-law #2359/87 be adopted thereby prohibiting all on-street parking during the times of snow clearing operations. Financial Implications: Cost savings may be recognized through the operational efficiencies created by the adoption of the recommended by-law amendment. These savings would be directly related to the requirement for less staff overtime, fuel consumption and wear and tear on the snow removal equipment. The reduced costs will also be supplemented by an increase in revenue generated by the more consistent enforcement of the related on-street parking infractions. Although there will be a small annual cost each year to properly advertise the snow clearing regulations, most of the expenses can be minimized through the utilization of existing staff resources and the various promotional and media channels currently available. Background: Report OES 42-02, Parking Restrictions During Winter Months By-law, was considered by the Finance & Operations Committee at their regular meeting of November 25, 2002. Due to a number of concerns related to the absence of any exception for on-street parking in the new by-law for the times that it was not snowing, the matter was referred back to staff for further investigation and a follow-up report. Report to Finance & Operations Committee OES 01-03 Subject: Parking By-law Amendment Date: January 6, 2003 Page 2 Discussions have since taken place with the appropriate staff, whereby it has been concluded that a revision of the wording and definition for snow clearing operations in the existing parking by-law should adequately address both Council and staff concerns. Section 3, sub-section (3)(d) of parking by-law 2359/87, currently identifies that "No person shall on any highway stop any vehicle: in such a manner as to interfere with the movement of traffic or the clearinq of snow from the hiqhway." Although this restriction presently allows for the tagging and towing of vehicles during snow clearing operations, it is reportedly very difficult to enforce as an officer must be present to witness the actual "interference" caused by the on-street parked or stopped vehicle. The revised wording and definition as provided in the attached draft amending by-law will effectively remove the need for a by-law enforcement officer to be present during the times of these specific occurrences. The suggested policy would be that officers will be permitted to tag all vehicles during the salting of City streets and then to later tow, if necessary, to provide unimpeded access for plowing operations. In order to implement this change the wording of the amendment for Section 3, sub-section (3)(d) is recommended to read as follows: "No person shall on any highway stop any vehicle: during snow clearinq operations." An additional new sub-section should also be included in Section 3, sub-section (3) to maintain traffic flow as outlined in the original condition and should read as follows: "No person shall on any highway stop any vehicle: in such a manner as to interfere with the movement of traffic." In order to cover off any discrepancy related to the enforcement of this condition, it is also recommended that snow clearing operations be explained within Section 1, sub-section (2) of parking by-law 2359/87. "Snow clearing operations" is recommended to be defined as: "the application of salt, sand and/or the plowin.q or removal of snow from any part of the hi~qhway." Further to ensure seamless enforcement at the commencement of snow clearing operations, staff of Municipal Property & Engineering will notify enforcement staff when such operations are initiated. The implementation of the recommended by-law changes should represent no significant impact as all entry point signing around the City currently indicates that all on-street parking is prohibited during the times of snow clearing operations. This does not preclude, however, that proper advertising should still be developed and undertaken to provide City residents with as much notice as possible. 08 Report to Finance & Operations Committee OES 01-03 Subject: Parking By-law Amendment Date: January 6, 2003 Page 3 Attachments: 1. Draft By-law Amendment Prepared By: Supervisor, Traffic Engineering & Waste Management Submitted By: Approved / Endorsed By: Director, Operations & Emergency Services I~ha-rd W.,J,'l'olborn /Division Head, ~lunicipal Property & Engineering CSB:td Attachments Copy: Chief Administrative Officer Recommended for the consideration of Pickering C~yE~ Council , :~" / A~...,..,.~.¢.,,~I .T,~5'n;f~'J. Ouir~, Ch~/Ad ~' .... A'i"rACHFIENT# I TOI~PORT# 0~'~ 01-0__~ ,/ of ,2,,,,, THE CORPORATION OF THE CITY OF PICKERING BY-LAW NO. /03 Being a by-law to amend By-Law Number 2359/87 (Parking) to regulate parking, standing, and stopping on highways or parts of highways under the jurisdiction of the Corporation of the City of Pickering and on private and municipal property." WHEREAS the Council of the Corporation of the City of Pickering enacted By-Law Number 2359/87 on January 19, 1987 to regulate parking on private and public property in the City of Pickering; and WHEREAS By-Law 2359/87, as amended does not provide adequate provisions to allow for the streets to be cleared during snow and ice removal operations. NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE CITY OF PICKERING HEREBY ENACTS AS FOLLOWS: Section 1., sub-section (2) of By-Law Number 2359/87, is hereby amended by adding thereto the following paragraph: "snow clearing operations" means the application of salt, sand and/or the plowing or removal of snow from any part of the highway; Section 3., sub-section (3) (d); of By-Law Number 2359/87, is hereby amended by deleting therefrom the following paragraph: "in such a manner as to interfere with the movement of traffic or the clearing of snow from the highway;" Section 3., sub-section (3) (d); of By-Law Number 2359/87, is hereby further amended by adding thereto the following paragraph: "during snow clearing operations;" Section 3., sub-section (3); of By-Law Number 2359/87, is hereby amended by adding thereto the following paragraph: "in such a manner as to interfere with the movement of traffic;" ~J~ ~ CN~ENT# .... TO REPORT# BY-LAW read a first, second and third time and finally passed this 3rd day of February 2003. Wayne Arthurs, Mayor Bruce Taylor, Clerk 1I RECOMMENDATION OF THE FINANCE & OPERATONS COMMITTEE DATE MOVED BY SECONDED BY A by-law be enacted to authorize the execution of an Agreement pursuant to which T. Arnts Loam Supply Limited will operate a business of the storage, sale and supply of top soil, pavers and related products, from January 1, 2003 to December 31, 2004 at a yearly rental of $19,000, payable in twelve equal monthly instalments of $1,583.33, plus realty taxes. 12 PICKERING REPORT TO FINANCE & OPERATIONS COMMITTEE Report Number: OES 03~03 Date: January 10, 2003 From: R.W. Holborn, P. Eng. Division Head, Municipal Property & Engineering Subject: T. Arnts Loam Supply Limited - Lease (Renewal) - Brock Road Recommendation: A by-law should be enacted to authorize the execution of an Agreement pursuant to which T. Arnts Loam Supply Limited will operate a business of the storage, sale and supply of top soil, pavers and related products, from January 1, 2003 to December 31, 2004 at a yearly rental of $19,000, payable in twelve equal monthly installments of $1,583.33, plus realty taxes. Executive Summary: Not applicable Financial Implications: Gross rent per year ($19,000 x 2 years) and realty taxes $38,000 (amount to be determined) Background: For the past several years, T. Arnts Loam Supply Limited has used the 3.824 hectares of land located on Parts 37 and 40, Plan 40R-6934 for the purpose of carrying on a business of the storage, sale and supply of top soil, pavers and related products. The Department of Operations and Emergency Services received a request from T. Arnts to renew this lease and the City is willing to renew for a further two (2) year term. Attached is the necessary by-law authorizing the execution of the Lease Agreement forming Schedule A thereto. Report OES 03-03 Subject: T. Arnts Loam Supply Ltd. Date: January 10, 2003 Page 2 13 Attachments: 1. By-Law 2. Location Map 3. Lease Agreement Prepared By: .... ¢.-~uzr~d /)'~' Ad ministratio~/~upervisor Approved~ · Everett Buntsma Director, Operations & Emergency Services R./V~. Holbor~'~,/F~. Eng. D/,~ion Head, Municipal Property & Engineering BK: Attachments Copy: Chief Administrative Officer Recommended for the consideration of Th,d/~;-,J. Qu~n, Chief, kdmin~ ATTACHMENT¢ __/ Ri:PORT# _ / ,, THE CORPORATION OF THE CITY OF PICKERIN~ BY-LAW NO. Being a by-law to authorize the execution of a Lease Agreement between The Corporation of the City of Pickering and T. Amts Loam Supply Limited respecting the use of 3.824 hectares of land located on Parts 37 and 40, Plan 40R-6934 (January 1, 2003 to December 31, 2004). WHEREAS the City owns 3.824 hectares of land located on Parts 37 and 40, Plan 40R- 6934 in the City of Picketing; and WHEREAS T. Arnts Loam Supply Limited has used the 3.824 hectares of land located on Parts 37 and 40, Plan 40R-6934 for the purpose of carrying on a business of the storage, sale and supply of topsoil, pavers and related products. NOW THEREFORE, the Council of the Corporation of the City of Pickering HEREBY ENACTS AS FOLLOWS: The Mayor and Clerk are hereby authorized to execute an Agreement, in the form attached hereto as Schedule A, between The Corporation of the City of Pickering and T. Arnts Loam Supply Limited for the period January 1, 2003 to December 31,2004, inclusive. BY-LAW read a first, second and third time and finally passed this 3rd day of February, 2003. Wayne Arthurs, Mayor Bruce Taylor, Clerk SERVICES DEPARTMENT ~//.] O¢ j MUNICIPAL PROPERTY & LEASE AGREEMENT ~~ ,~ ENGINEERING DIVISION ,:Tsoo t JcX'~JUARY,O/2003 ARNTS LOAM SUPPLY PI(:m EI~I NG Mopping\Mops\MP~E = Admln\Report 16 ATTACHMENT# 3 TO REPORT# OES 03-03 1 of 15 THIS LEASE made pursuant to the provisions of subsection 191(1) of the Municipal Act, R.S.O. 1990, chapter M.45, as of the 1st day of January, 2003, BETWEEN: THE CORPORATION OF THE CITY OF PICKERING herein called the "Landlord" OF THE FIRST PART, - and - T. ARNTS LOAM SUPPLY LIMITED herein called the "Tenant" OF THE SECOND PART. In consideration of the rents, covenants and agreements herein contained the Landlord and the Tenant agree as follows: LEASE AND TERM The Landlord hereby leases to the Tenant those lands consisting of 3.824 hectares of rentable area located in Lot 19, Concession 3, Pickering, and comprising that part of Parts 37 and 40, Plan 40R-6934, diagonally hatched on the sketch attached hereto as Schedule A (herein called the "Premises"), for a term (herein called the "Term") commencing on the 1st day of January, 2003 and expiring on the 31st day of December, 2004, unless the Term is earlier terminated. RENT (1) (2) The amount of the rent payable by the Tenant to the Landlord yearly and every year during the Term is $19,000 payable in 12 equal monthly installments of $1,583.33, plus realty taxes and any other applicable taxes. Place and Manner of Payment Each payment of rent shall be paid by the Tenant to the Landlord in advance, on the first day of the month, in lawful money of Canada, at the address of the Landlord set out in section 14 or at such other place as the ATTACHMENT# 3 TO REPORT# OES 03-03 4 of 15 Landlord shall from time to time designate, and the Landlord may require the Tenant to provide post-dated cheques for this purpose. GENERAL COVENANTS (1) The Landlord covenants with the Tenant: (a) for quiet enjoyment; and (b) to observe and perform all covenants and obligations of the Landlord herein. (2) The Tenant covenants with the Landlord: (a) (b) to pay rent; and to observe and perform all covenants and obligations of the Tenant herein. USE AND OCCUPANCY OF PREMISES The Tenant covenants with the Landlord: (a) Required and Prohibited Uses To use the Premises only for the purpose of carrying on the business of the storage, sale and supply of topsoil, sand, stone, pavers and related products; (b) Conduct of Business To carry on the business described in subclause (a) on the Premises in a reputable manner and in compliance with all the provisions of this Lease; (c) Hours of Operation and Illumination To carry on the business only between the hours of 5:30 a.m. and 12:00 midnight, local time, and not to illuminate any sign or any part of the Premises not contained within a building or structure, except for security purposes, between 12:01 a.m. and 5:30 a.m., local time; (d) Business Name To carry on business on the Premises under the name and style of T. Arnts Loam Supply and under no other name or style unless approved in writing by the Landlord; 4 I8 ATTACHMENT # 3 TO REPORT # OES 03-03 5 of 15 (e) (f) Appearance, etc. of Premises To maintain and operate the Premises so that they shall always be of good appearance and suitable for the proper operation of the business required to be carried on therein and comparable with the standards of the best such business, and in so doing, to keep the Premises orderly, tidy, clean and clear of all refuse; By-Laws To comply at its.own expense with all municipal, federal and provincial sanitary, fire and safety laws, regulations and requirements pertaining to the occupation and use of the Premises, the condition of the Leasehold Improvements, trade fixtures, furniture and equipment installed by or on behalf of the Tenant therein and the making by the Tenant of any repairs, changes or improvements therein. TAXES (1) Payment by Tenant The Tenant covenants with the Landlord to pay promptly when due to the taxing authority or authorities having jurisdiction all taxes, rates, duties, levies and assessments whatsoever, whether municipal, parliamentary or otherwise, levied, imposed or assessed in respect of the Premises and any and every business carried on in the Premises by the Tenant, or in respect of the use or occupancy thereof (including licence fees and including, without limitation, any G.S.T. and realty taxes which may be applicable). LICENCES, ASSIGNMENT AND SUBLETTING (1) Licences The Tenant shall not permit any part of the Premises to be used or occupied by any persons other than the Tenant and the employees of the Tenant, or permit any part of the Premises to be used or occupied by any licensee or concessionaire, or permit any persons to be upon the Premises other than the Tenant, its employees, customers and others having lawful business with it. 5 ATTACHMENT # 3 TO REPORT# OES 03-03 6 of 15 (2) Assignment and Subletting The Tenant shall not assign this Lease or sublet all or any part of the Premises. SIGNS The Tenant shall be permitted to maintain an identification sign at or near the frontage of the Premises on Brock Road. Such sign shall contain onlythe name or style under which the Tenant is required to carry on business under the provisions of this Lease unless the Landlord shall otherwise approve in writing, and the sign including the size, location, arrangement and type of lettering, its colour, illumination and all its other appearance and design features shall be subject to the prior written approval of the Landlord. Otherwise, except with the prior written consent of the Landlord, the Tenant shall not paint, display, inscribe, place or affix any sign, symbol, notice, lettering or display of any kind anywhere outside the Premises or within the Premises so as to be visible from the outside of the Premises with the exception of lawful signs erected on the Tenant's lands adjacent to the Premises. Should the Landlord at any time object to any sign, symbol, notice, lettering or display either affixed to or visible from the outside of the Premises, the Tenant shall remove the same forthwith upon request. LEASEHOLD IMPROVEMENTS AND TRADE FIXTURES (1) Definition of Leasehold Improvements For purposes of this Lease, the term "Leasehold Improvements" includes without limitation all fixtures, improvements, installations, alterations and additions from time to time made, erected or installed by or on behalf of the Tenant in or on the Premises, and whether or not moveable, with the exception of trade fixtures and furniture and equipment not of the nature of fixtures. (2) Installation of Improvements and Fixtures The Tenant shall not make, erect, install or alter any Leasehold Improvements or trade fixtures, including lighting, in or on the Premises without having first obtained the Landlord's written approval. The Tenant's request for any approval hereunder shall be in writing and accompanied by an adequate description of the contemplated work and, where appropriate, working drawings and specifications thereof. All work to be performed in the Premises shall be performed by competent contractors and subcontractors of whom the Landlord shall have approved, such approval not to be unreasonably withheld. All such work shall be subject 6 20 ATTACHMENT# 3 TO REPORT # OES 03-03 7 of 15 to inspection by and the reasonable supervision of the Landlord, and shall be performed in accordance with any reasonable conditions or regulations imposed by the Landlord and completed in a good and workmanlike manner in accordance with the description of work approved by the Landlord. (3) Liens and Encumbrances on Improvements and Fixtures In connection with the making, erection, installation or alteration of Leasehold Improvements and trade fixtures and all other work or installations made by or for the Tenant in or on the Premises, the Tenant shall comply with all the provisions of the Construction Lien Act, and other statutes from time to time applicable thereto, including any provision requiring or enabling the retention by way of hold-back of portions of any sums payable, and except as to any such hold-back shall promptly pay all accounts relating thereto. The Tenant shall not create any mortgage, conditional sale agreement or other encumbrance in respect of its Leasehold Improvements or, without the consent of the Landlord, with respect to its trade fixtures nor shall the Tenant take any action as a consequence of which any such mortgage, conditional sale agreement or other encumbrance would attach to the Premises or any part thereof. If and whenever any mechanics' or other lien for work, labour, services or materials supplied to or for the Tenant or for the cost of which the Tenant may be in any way liable or claims therefore shall arise or be filed or any such mortgage, conditional sale agreement or other encumbrance shall attach, the Tenant shall within twenty (20) days after receipt of notice thereof procure the discharge thereof, including any certificate of action registered in respect of any lien, by payment or giving security or in such other manner as may be required or permitted by law, and failing which the Landlord may in addition to all other remedies hereunder avail itself of its remedy under section 12 hereof and may make any payments required to procure the discharge of any such liens or encumbrances, shall be entitled to be reimbursed by the Tenant as provided in section 12, and its right to reimbursement shall not be affected or impaired if the Tenant shall then or subsequently establish or claim that any lien or encumbrance so discharged was without merit or excessive or subject to any abatement, set-off or defence. This subsection shall not prevent the Tenant from mortgaging or encumbering its 'chattels, furniture or equipment not of the nature of fixtures. (4) Removal of Improvements and Fixtures All Leasehold Improvements, trade fixtures, furniture and equipment shall be removed by the Tenant from the Premises either during or at the expiration or sooner termination of the Term. 7 ATTACHMENT# 3 TO REPORT # OES 03-03 8 of 15 21 The Tenant shall, in the case of every removal either during or at the end of the Term, make good at the expense of the Tenant any damage caused to the Premises by the installation and removal. INSURANCE AND LIABILITY (1) Tenant's Insurance The Tenant shall take out and keep in force during the Term: (a) comprehensive insurance of the type commonly called general public liability, which shall include coverage for personal liability, contractual liability, tenants' legal liability, non-owned automobile liability, bodily injury, death and property damage, all on an occurrence basis with respect to the business carried on in or from the Premises and the Tenant's use and occupancy of the Premises, with coverage for any one occurrence or claim of not less than Five Million Dollars ($5,000,000), or such other amount as the Landlord may reasonably require upon not less than six months notice at any time during the Term, which insurance shall include the Landlord as a named insured and shall protect the Landlord in respect of claims by the Tenant as if the LandlOrd were separately insured; and (b) insurance against such other perils and in such amounts as the Landlord may from time to time reasonably require upon not less than 90 days written notice, such requirement to be made on the basis that the required insurance is customary at the time for prudent tenants of similar properties. All insurance required to be maintained by the Tenant hereunder shall be on terms and with insurers to which the Landlord has no reasonable objection. Each policy shall contain a waiver by the insurer of any rights of subrogation or indemnity or any other claim over to which the insurer might otherwise be entitled against the Landlord or the agents or employees of the Landlord, and shall also contain an undertaking by the insurer that no material change adverse to the Landlord or the Tenant will be made, and .the policy will not lapse or be cancelled, except after not less than thirty days written notice to the Landlord of the intended change, lapse or cancellation. The Tenant shall furnish to the Landlord, if and whenever requested by it, certificates or other evidences acceptable to the Landlord as to the insurance from time to time effected by the Tenant and its renewal or continuation in force, together with evidence as to the method of determination of full replacement cost of the Tenant's Leasehold Improvements, trade fixtures, furniture and equipment, and if 8 22 ATTACHMENT # 3 TO REPORT # OES 03-03 9 of 15 the Landlord reasonably concludes that the full replacement cost has been underestimated, the Tenant shall forthwith arrange for any consequent increase in coverage required hereunder. If the Tenant shall fail to take out, renew and keep in force such insurance, or if the evidences submitted to the Landlord pursuant to the preceding sentence are unacceptable to the Landlord or no such evidences are submitted within a reasonable period after request therefore by the Landlord, then the Landlord may give to the Tenant written notice requiring compliance with this section and specifying the respects in which the Tenant is not then in compliance with this section . If the Tenant does not, within 72 hours or such lesser period as the Landlord may reasonably require having regard to the urgency of the situation, provide appropriate evidence of compliance with this section, the Landlord may, but shall not be obligated to, obtain some or all of the additional coverage or other insurance which the Tenant shall have failed to obtain, without prejudice to any other rights of the Landlord under this Lease or otherwise, and the Tenant shall pay all premiums and other expenses incurred by the Landlord in that connection as additional rent pursuant to section 12 hereof. (2) Limitation of Landlord's Liability The Landlord shall not be liable for any bodily injury or death of, or loss or damage to any property belonging to the Tenant or its employees, invitees or licensees or any other person in, or about the Premises. (3) Indemnity of Landlord The Tenant shall indemnify and save harmless the Landlord in respect of: (a) all claims for bodily injury or death, property damage or other loss or damage arising from the conduct of any work by or any act or omission of the Tenant or any agent, employee, contractor, invitee or licensee of the Tenant, and in respect of all costs, expenses and liabilities incurred by the Landlord in connection with or arising out of all such claims, including the expenses of any action or proceeding pertaining thereto; (b) any loss, cost, expense or damage suffered or incurred by the Landlord arising from any breach by the Tenant of any of its covenants and obligations under this Lease; and (c) all costs, expenses and reasonable legal fees that may be incurred or paid by the Landlord in enforcing against the Tenant the covenants, agreements and representations of the Tenant set out in this Lease. 9 ATTACHMENT # 3 TO REPORT # OES 03-03 10 of 15 23 10. ACCESS OF LANDLORD (1) Inspection and Access The Landlord shall be permitted at any time and from time to time to enter and to have its authorized agents, employees and contractors enter the Premises for the purposes of inspection, maintenance or making repairs, and the Tenant shall provide free and unhampered access for the purpose, and shall' not be entitled to compensation for any inconvenience, nuisance or discomfort caused thereby, but the Landlord in exercising its rights hereunder shall proceed to the extent reasonably possible so as to minimize interference with the Tenant's use and enjoyment of the Premises. (2) Exhibitinq Premises The Landlord and its authorized agents and employees shall be permitted entry to the Premises during the last six (6) months of the Term for the purpose of exhibiting them to prospective tenants. 11. DELAY AND NON-WAIVER (1) Unavoidable Delay Except as herein otherwise expressly provided, if and whenever and to the extent that either the Landlord or the Tenant shall be prevented, delayed or restricted in the fulfillment of any obligation hereunder in respect of the making of any repair, the doing of any work or any other thing, other than the payment of rent or other monies due, by reason of: (i) strikes or work stoppages; (ii) inability to obtain any material, service, utility or labour required to fulfill such obligation; any statute, law or regulation of, or inability to obtain any permission from, any government authority having lawful jurisdiction preventing, delaying or restricting such fulfillment; or (iv) other avoidable occurrence, the time for fulfillment of such obligation shall be extended during the period in which such circumstance operates to prevent, delay or restrict the fulfillment thereof, and the other party shall not be entitled to 10 24 ATTACHMENT# 3 TO REPORT# OES 03-03 11 of 15 (2) compensation for any inconvenience, nuisance or discomfort thereby occasioned. Waiver If either the Landlord or the Tenant shall overlook, excuse, condone or suffer any default, breach or non-observance by the other of any obligation hereunder, this. shall not operate as a waiver of such obligation in respect of any continuing or subsequent default, breach or non- observance, and no such. waiver shall be implied but shall only be effective if expressed in 'writing. 12. REMEDIES OF LANDLORD (1) In addition to all rights and remedies of the Landlord available to it in the event of any default hereunder by the Tenant through improper compliance or non-compliance with any obligation arising either under this or any other provision of this Lease or under statute or the general law the Landlord: (a) shall have the right at all times to remedy or attempt to remedy any default of the Tenant, and in so doing may make any payments due or alleged to be due by the Tenant to third parties and may enter upon the Premises to do any work or other things therein,. and in such event all expenses of the Landlord in remedying or attempting to remedy such default shall be payable by the Tenant to the Landlord as additional rent forthwith upon demand. (b) shall have the same rights and remedies in the event of' any non- payment by the Tenant of any amounts payable by the Tenant under any provision of this Lease as in the case of a non-payment of rent; and (c) if the Tenant shall fail to pay any rent or other amount from time to time payable by it to the Landlord hereunder promptly when due, shall be entitled, if it shall demand it, to interest thereon at a rate of three Per cent (3%) per annum in excess of the minimum lending rate to prime commercial borrowers from time to time current at the City's bank from the date upon which the same was due until I actual payment thereof. (2) Remedies Cumulative The Landlord may from time to time resort to any or all of the rights and remedies available to it in the event of any default hereunder by the 11 ATTACHMENT # 3 TO REPORT# OES 03-03 ~_. 12 of 15 Tenant, through improper compliance or non-compliance with any obligation arising either under any provision of this Lease or under statute or the general law, all of which rights and remedies are intended to be cumulative and not alternative, and the express provisions hereunder as to certain rights and remedies are not to be interpreted as excluding any other or additional rights and remedies available to the Landlord by statute or the general law. (3) Right of Re-Entry on Default or Termination If and whenever the rent hereby reserved or other monies payable by the Tenant or any part thereof shall not be paid on the day appointed for payment thereof, whether lawfully demanded or not, and the Tenant shall have failed to pay such rent or other monies within five (5) business days after the Landlord shall have given to the Tenant notice requiring such payment, or if the Tenant shall breach or fail to observe and perform any of the covenants, agreements, provisos, conditions and other obligations on the part of the Tenant to be kept, observed or performed hereunder, or if this Lease shall have become terminated pursuant to any provision hereof, or if the Landlord shall have become entitled to terminate this Lease and shall have given notice terminating it pursuant to any provision hereof, then and in every such case it shall be lawful for the Landlord thereafter to enter into and upon the Premises or any part thereof in the name of the whole and the same to have again, repossess and enjoy as of its former estate, anything in this Lease contained to the contrary notwithstanding. (4) Termination and Re-Entry If and whenever the Landlord becomes entitled to re-enter upon the Premises under any provision of this Lease the Landlord, in addition to all other rights and remedies, shall have the right to terminate this Lease forthwith by leaving upon the Premises notice in writing of such termination. (5) ' .Payment of Rent, etc. on Termination Upon the giving by the Landlord of a notice in writing terminating this Lease, whether pursuant to this or any other provision of this Lease, this Lease and the Term shall terminate, rent and any other payments for which the Tenant is liable under this Lease shall be computed, appor- tioned and paid in full to the date of such termination, and the Tenant shall immediately deliver up possession of the Premises to the Landlord, and the Landlord may re-enter and take possession of them. 26 ATTACHMENT # 3 TO REPORT # OES 03-03 13 of 15 13. IMPROPER USE OF PREMISES; BANKRUPTCY (1) Bankruptcy, etc. In case without the written consent of the Landlord the Premises shall be used by any other persons than the Tenant or for any purpose other than that for which they were leased, or occupied by any persons whose occupancy is prohibited by this Lease, or if the Premises shall be vacated or abandoned, or remain unoccupied for fifteen (15) days or more while capable of being occupied; or if the balance of the Term or any of the goods and chattels of the Tenant shall at any time be seized in execution or attachment, or if the Tenant shall make any assignment for the benefit of creditors or any bulk sale, become bankrupt or insolvent or take the benefit of any statute now or hereafter in force for bankrupt or insolvent debtors, then in any such case the Landlord may at its option terminate this Lease by leaving upon the Premises notice in writing of such ter- mination and thereupon, in addition to the payment by the Tenant of rent and other payments for which the Tenant is liable under this Lease, rent for the current month and the next ensuing three (3) months shall imme- diately become due and paid by the Tenant. 14. MISCELLANEOUS PROVISIONS (1) Registration of Lease Neither the Tenant nor the Landlord shall register this Lease or a notice of this Lease. (2) Lease Constitutes Entire Aqreement There are no covenants, representations, warranties, agreements or conditions express or implied, collateral or otherwise forming part of or in any way affecting or relating to this Lease save as expressly set out in this Lease; this Lease constitutes the entire agreement between the Landlord and the Tenant and may not be modified except as herein exPlicitly provided or except by agreement in writing executed by the Landlord and the Tenant. (3) Notices Any notice required or contemplates by any provision hereof shall be given in writing, and (a) if to the Landlord, either delivered to the City Clerk personally or mailed by prepaid registered mail addressed to the City Clerk at 1¸3 ATTACHMENT # 3 TO REPORT # OES 03-03 14 of 15 2? 15. Pickering Civic Complex, One The Esplanade, Pickering, Ontario L1V 6K7; and (b) if to the Tenant, either delivered to Michael Arnts or Theodorus Arnts, Jr., personally or mailed by prepaid reqistered mail addressed to T. Arnts Loam Supply Limited at Broct~ Road North, R. R. #1, Pickering, Ontario L1¥ 2P8. Every such notice shall be deemed to have been given when delivered or, if mailed as aforesaid, upon the day after the day it is mailed. Either party may from time to time by notice in writing to the other, designate another address in Canada as the address to which notices are to be mailed to it. (4) Interpretation All of the provisions of this Lease are to be construed as covenants and agreements as though words importing such covenants and agreements were used in each separate provision hereof, and the captions appearing for the provisions of this Lease have been inserted as a matter of convenience and for reference only and in no way define, limit or enlarge the scope or meaning of this Lease or of any provision hereof. (5) Extent of Lease Obliqations This Lease and everything herein contained shall enure to the benefit of and be binding upon the respective heirs, executors, administrators and other legal representatives, as the case may be, of each party hereto, and every reference herein to any party hereto shall include the heirs, executors, administrators, and other legal representatives of such party. RIGHT OF FIRST REFUSAL The Tenant herein acknowledges that, notwithstanding the provisions of Section 14 of the Lease Agreement for the "Premises" made between the Landlord and the Tenant dated February 9, 1984, there is no right of first refusal in favour of the Tenant with respect to the Premises herein and the parties agree that the said provisions of Section 14 of the 1984 Lease are of no force and effect, and the Tenant releases any claims against the Landlord in respect thereof. 14 28 ATTACHMENT# 3 TO REPORT# OES 03-03 15 of 15 IN WITNESS WHEREOF the Parties hereto have hereunto affixed their respective Corporate Seals attested to by the hands of their authorized officers. SIGNED, SEALED AND DELIVERED THE CORPORATION OF THE CITY OF PICKERING Wayne Arthurs, Mayor Bruce Taylor, Clerk T. ARNTS LOAM SUPPLY LIMITED Michael Arnts, President Theodorus Arnts, Jr., Vice-president 15 /' a'l~:,"J oi lON sa.~lauJ ui ale u~,oq, s suoisuaUJlp ilV ! / / J / / ./ / RECOMMENDATION OF THE FINANCE & OPERATIONS COMMITTEE DATE MOVED BY SECONDED BY That Report OES 05-03 respecting the reduced load period by-law be received; and That a by-law be enacted to designate highways under the jurisdiction of the City to which a reduced load period applies; and 3. That By-law 5952/02 be repealed. PICKERING REPORT TO FINANCE & OPERATIONS COMMITTEE Report Number: OES 05-03 Date: January 8, 2003 31 From: Richard W. Holborn, P. Eng. Division Head, Municipal Property & Engineering Subject: Reduced Load Period By-Law Annual Compilation of Streets- Recommendation: That Report OES 05-03 respecting the reduced load period by-law be received; and That a by-law be enacted to designate highways under the jurisdiction of the City to which a reduced load period applies; and 3. That By-law 5952/02 be repealed Executive Summary: Not Applicable Financial Implications: There are no financial implications of the passing of the By- law, as the City has sufficient signs in stock. Background: The authority for the enactment of a reduced load period by-law is derived from the Highway Traffic Act, R.S.O. 1990 Chap. 11.8 section 122 (7), which states that a municipality may designate the date on which a reduced load period shall start or end and the highway or portion thereof under its jurisdiction to which the designation applies. This report includes an annual update of municipal highways that are affected by a reduced load period as compiled by the Municipal Property & Engineering Division of the Operations & Emergency Services Department. The update is required to capture new streets that have been created since the last by-law was enacted. Enactment of the attached by-law will provide an accurate compilation of the highways within the City that are subject to the reduced load period designation, and will repeal By-law 5952/02. Report OES 05-03 Subject: Reduced Load Period By-law Annual Compilation of Streets Date: January 8, 2003 Page 2 Attachments: 1. Draft By-law with Schedule A attached Prepared By: P~h~ard W. H,~:/oorn, P. Eng.---~ I~i..~vision Head Municipal Property & Engineering L:~'~r~Bu nt~ Director, Operations & Emergency Services RH:ds AI:\COUNC]L\OES 05-03.doc Jan-03 Copy: Chief Administrative Officer Superintendent, Municipal Operations Recommended for the consideration of Pickering City Council -I~o~r~as J. Q/Serf(n, CI~* ~~ ATTACHMENT# ....... / ~ TOREPORT# OES O~-O ~, I of THE CORPORATION OF THE CITY OF PICKERING BY-LAW NO. 33 Being a by-law to name highways or portion of highways within the jurisdiction of the City to which a reduced load period designation applies and to repeal By-law 5952/02. WHEREAS pursuant to the Highway Traffic Act, R.S.O. 1990 chapter 11.8 section 122(7), or a predecessor thereof, the Council of the Corporation of the City of Pickering enacted By-law 4399/94 designating the date on which a reduced load period shall start or end and the highway or portion thereof under its jurisdiction to which the designation applies. AND WHEREAS, new streets have been created which require the designation of a reduced load period; NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE CITY OF PICKERING HEREBY ENACTS AS FOLLOWS: For the purpose of subsections (1), (2) and (3) of section 122 of the Highway Traffic Act, R.S.O. 1990, Chap. 11.8 the reduced load period shall be that period commencing on March 1st of each year and ending on April 30th, both inclusive, of each year. The highways to which the reduced load period designation applies shall be those highways or portions thereof as set out in Schedule A attached hereto. By-law 5952/02 is repealed. BY-LAW read a first, second and third time and finally passed this 3rd day of February, 2003. Wayne Arthurs, Mayor Bruce Taylor, Clerk 34 ATTACHMENT # I TO REPORT # OES 05-03 2 of 16 SCHEDULE A REDUCED LOAD DESIGNATIONS ITEM ' COLUMN 1HIGHWAY N O' : 1. ABBEY ROAD 2. ABBOTT CRESCENT 3. ABERFOYLE COURT 4. ABINGDON COURT 5. ACORN LANE 6. ADA COURT 7. ALANBURY CRESCENT 8. ALBACORE MANOR 9. ALDER COURT 10. ALDERWOOD PLACE 11. ALLIANCE ROAD 12. ALPINE LANE 13. ALTONA ROAD (SOUTH OF KINGSTON ROAD) 14. ALWIN CIRCLE 15. ALYSSUM STREET 16. AMARETTO AVENUE 17. AMBERLEA ROAD 18. AMBERWOOD CRESCENT 19. ANNAN WOODS DRIVE 20. ANNLAND STREET 21. ANTHONY COURT 22. ANTON SQUARE 23. ANTONIO STREET 24. APPLEVIEW ROAD 25. ARATHORN COURT 26. ARCADIA SQUARE 27. ARIEL CRESCENT 28. ASHFIELD COURT 29. ASHFORD DRIVE 30. ASHWOOD GATE 31. ASPEN ROAD 32. ATWOOD CRESCENT 33. AUDLEY ROAD 34. AUTUMN CRESCENT 35. AVONMORE SQUARE 36. BAGGINS STREET 37. BAINBRIDGE DRIVE I:\COLrNCIL\OES 05-03.doc Jan-03 ATTACHMENT # 1_ TO REPORT # OES 05-03 3 of 16 ITEM COLUMN 1 HIGHWAY NO · 38· BALATON AVENUE 39. BALSAM ROAD 40. BANBURY COURT 41. BARBER STREET 42. BARCLAY STREET 43. BARNWOOD SQUARE 44. BARRY DRIVE 45. BATORY AVENUE 46. BAYFIELD STREET 47. BAYLAWN DRIVE 48. BAYSHORE COURT 49, BAYVIEW AVENUE 50. BEACHPOINT PROMENADE 51. BEARE COURT 52. BEATON WAY 53. BECKWORTH SQUARE 54. BEECHLAWN DRIVE 55. BEGLEY STREET 56. BELINDA COURT 57. BELLA VISTA DRIVE 58. BEM AVENUE 59. BENEDICTINE COURT 60. BENTLEY LANE 61. BENTON CRESCENT 62. BICROFT COURT 63. BIRCHWOOD COURT 64. BLAIRWOOD COURT 65. BLOOMFIELD COURT 66, BLUE RIDGE CRESCENT 67. BONITA AVENUE 68. BOVINGDON PLACE 69. BOWLER DRIVE 70. BOXWORTH PLACE 71. BOYNE COURT 72. BRAEBURN CRESCENT 73. BRAMBLEWOOD COURT 74. BRANDS COURT 75. BREDA AVENUE 76. BREEZY DRIVE 77. BRIAN COURT 78. BRIAR WOOD GATE 79. BRIDGE GATE CRESCENT 80. BRIDLE PATH CIRCLE I:\COUNCIL\OES 05-03.doc Jan-03 36 ATTACHMENT # 1_ TO REPORT # OES 05-03 4 of 16 TE COLUMN 1 I M :HIGHWAY NO. 81. BRIMWOOD COURT 82. BRIXTON LANE 83. BROADGREEN STREET 84. BROADOAK CRESCENT 85. BROADVIEW STREET 86. BROCK ROAD (CLAREMONT) 87. BRONTE SQUARE 88. BRONWEN LANE 89. BROOKRIDGE GATE 90. BROOKSHIRE SQUARE 91. BROUGHAM ROAD 92. BROWNING AVENUE 93. BUENAVISTA DRIVE 94. BUNDY STREET 95. BURNSIDE DRIVE 96. BUSHMILL STREET 97. BUTTERNUT COURT 98. BYRON STREET 99. CALLAHAN STREET 100. CALVINGTON DRIVE 101. CANBOROUGH CRESCENT 102. CANSO DRIVE 103. CANTERBURY CRESCENT 104. CARMELLO COURT 105. CASTLE STREET 106. CATTAIL COURT 107. CECYLIA COURT 108. CEDARCROFT CRESCENT 109. CEDARWOOD COURT 110. CHANTILLY ROAD 111. CHAPLEAU DRIVE 112. CHAPMAN COURT 113. CHARLOTTE CIRCLE 114. CHARNWOOD COURT 115. CHARTWELL COURT 116. CHERRYWOOD AVENUE 117. CHICKADEE COURT 118. CHIPMUNK STREET 119. CHIRON CRESCENT 120. CHURCH STREET 121. CHURCHWlN STREET 122. CLAREMONT STREET 123. CLEARSIDE COURT ISCOUNCIL\OES 05-03.doc Jan-03 ATTACHMENT # 1_ TO REPORT # OES 05-03 5 of 16 37 ITEM COLUMN 1 HIGHWAY NO. 124. CLIFFVlEW ROAD 125. CLOUDBERRY COURT 126. COBBLER'S COURT 127. COGNAC CRESCENT 128. COLMAR AVENUE 129. COLONIAL STREET 130. COMMERCE STREET 131. CONACHER CRESCENT 132. CONC. RD. 3 (EAST OF BROCK ROAD TO AJAX & DIXIE ROAD TO TORONTO-PICKERING TOWNLINE) 133. CONC. RD. 4 (WEST OF ROSEBANK ROAD TO MARKHAM PICKERING TOWNLINE & EAST OF DURHAM REGIONAL ROAD 4) 134. CONC.5 (FROM SIDELINE 16 EAST TO SIDELINE 4 ROAD) 135. CONC. RD. 6 (FROM HWY 7 EAST TO HWY 7) 136. CONC. RD. 7 (FROM BROCK ROAD WEST TO MARKHAM PICKERING TOWNLINE & WESTNEY ROAD EAST TO LAKE RIDGE ROAD) 137. CONC. RD., 8 138. COLLINGSBROOK COURT 139. CONMARA AVENUE 140. COPLEY STREET 141. CORNELL COURT 142. CORTEZ AVENUE 143. COTTONWOOD CIRCLE 144. COUNTRY LANE 145. COWAN CIRCLE 146. CRAIGHURST COURT 147. CREEKVIEW CIRCLE 148. CRICKET LANE 149. CROSSING COURT 150. CULROSS AVENUE 151. DAHLIA CRESCENT 152. DALEWOOD DRIVE 153. DARWIN DRIVE 154. DAVID STREET 155. DAVIDSON STREET 156. DAYLIGHT COURT 157. DEERBROOK DRIVE 158. DEERHAVEN LANE 159. DEERHURST COURT 160. DELLBROOK AVENUE 161. DENBY DRIVE 162. DENCOURT DRIVE 163. DENMAR ROAD I:\COUNCIL\OES 05-03.doc Jan-03 38 ATTACHMENT # I TO REPORT # OES 05-03 6 of 16 COLUMN :1 H IG HWAy : ITEM NO. 164. DENVALE DRIVE 165. DIEFENBAKER COURT 166. DIXIE ROAD (FROM FINCH AVENUE NORTH TO THE 3~u CONCESSION ROAD) 167. DONNALEA AVENUE 168. DOUGLAS AVENUE 169. DOW STREET 170. DOWNLAND DRIVE 171. DRAVA STREET 172. DREYBER COURT 173. DRIFTWOOD COURT 174. DUBERRY DRIVE 175. DUNBARTON ROAD 176. DUNCANNON DRIVE 177. DUNCHURCH STREET 178. DUNFAIR STREET 179. DUNN CRESCENT 180. DYSON ROAD 181. EAGLEVIEW DRIVE 182. EASTBANK ROAD 183. ECHO POINT COURT 184. EDGE LANE 185. EDGEWOOD ROAD 186. EDMUND DRIVE 187. ELVIRA COURT 188. ENGEL COURT 189. ERAMOSA CRESCENT 190. ERIN GATE BOULEVARD 191. ESCOTT COURT 192. ESSA CRESCENT 193. EVELYN AVENUE 194. EVERTON STREET 195. EYER DRIVE 196. FACTORY STREET 197. FAIRFIELD CRESCENT 198. FAI RPORT ROAD 199. FAIRVIEW AVENUE 200. FALCONCREST DRIVE 201. FALCONWOOD WAY 202. FANSHAW PLACE 203. FAWNDALE ROAD 204. FAYLEE CRESCENT 205. FERNAM STREET I:\COLrNCIL\OES 05-03.doc Jan-03 ATTACHMENT # I TO REPORT # OES 05-03 7 of 16 ¸39 HIGHWAY ITEM COLUMN 1 NO. 206. FERNCLIFF CIRCLE 207. FIDDLERS COURT 208. FIELDLIGHT BOULEVARD 209. FIELDSTONE CIRCLE 210. FINCH AVENUE (FROM BROCK ROAD TO EAST TERMINUS & FROM ALTONA ROAD WEST TO TORONTO PICKERING TOWNLINE) 211. FLAVELLE COURT 212. FOLEYET CRESCENT 213. FORBROCK STREET 214. FORDON AVENUE 215. FOREST PARK DRIVE 216. FORESTSTREAM TRAIL 217. FORESTVIEW DRIVE 218. FOSTER COURT 219. FOXGLOVE AVENUE 220. FOXWOOD TRAIL 221. FRANKLIN STREET 222. FRISCO STREET 223. FRONT STREET 224. FRONTIER COURT 225. FUSCHIA LANE 226. GABLEHURST CRES 227. GALLANT COURT 228. GANDALF COURT 229. GARDENVIEW SQUARE 230. GARLAND CRESCENT 231. GARVOLIN AVENUE 232. GETA CIRCLE 233. GILLMOSS ROAD 234. GLADSTONE STREET 235. GLEN EDEN COURT 236. GLENANNA ROAD (FROM KINGSTON ROAD WEST TO FAIRPORT ROAD) 237. GLENDALE DRIVE 238. GLENGROVE ROAD 239. GLENVlEW ROAD 240. GLOUCESTER SQUARE 241. GOLDENRIDGE ROAD 242. GOLF CLUB ROAD 243. GOSSAMER DRIVE 244. GRACELAND COURT 245. GRAYABBEY COURT 246. GRAFTON COURT I:\COUNCIL\OES 05-03.doc Jan-03 ATTACHMENT # 1_ TO REPORT # OES 05-03 8 of 16 COLUMN I HIGHWAY iTEM NO. 247. GRANBY COURT 248. GREENBURN PLACE 249. GREENMOUNT STREET 250. GREENRIDGE DRIVE 251. GREENVALE CRESCENT 252. GREENWOOD ROAD 253. GRENOBLE BOULEVARD 254. GREYCOAT LANE 255. GROVEDALE COURT 256. GUILD ROAD (FROM 45 METRES NORTH OF KINGSTON ROAD TO FINCH AVENUE) 257. GWENDOLYN STREET 258. HADRIAN COURT 259. HALLER AVENUE 260. HALSEY LANE 261. HAMPTON COURT 262. HANWORTH COURT 263. HARROWSMITH COURT 264. HARVEST DRIVE 265. HEATHSIDE CRESCENT 266. HEDGEROW PLACE 267. HELEN CRESCENT 268. HELM STREET 269. HENRY STREET 270. HENSALL COURT 271. HESKA ROAD 272. HEWSON DRIVE 273. HIGHBUSH TRAIL 274. HIGHVlEW ROAD 275. HILLCREST ROAD 276. HILLVlEW CRESCENT 277. HOGARTH STREET 278. HOLBROOK COURT 279. HOLLYHEDGE DRIVE 280. HONEYWOOD CRESCENT 281. HOOVER DRIVE 282. HOUSTON COURT 283. HOWELL CRESCENT 284. HOXTON STREET 285. HUMMINGBIRD COURT 286. HUNTSMILL DRIVE 287. ILONA PARK ROAD 288. INGRID ROAD I:\COUNCIL\OES 05-03.doc Jan-03 ATTACHMENT # 1_ TO REPORT # OES 05-03 9 of 16 I II::M COLUMN 1 HIGHWAY NO. 289. JACQUELINE AVENUE 290. JAYWlN CIRCLE 291. JODREL ROAD 292. JOHN STREET 293. JOMAR AVENUE 294. JOSEPH STREET 295. KATE'S LANE 296. KELLINO STREET 297. KELVINWAY LANE 298. KIMTON COURT 299. KINGFISHER DRIVE 300. KINSALE ROAD 301. KIRKWOOD LANE 302. KITLEY AVENUE 303. KODIAK STREET 304. KROSNO BOULEVARD 305. LAMOUR ROAD 306. LANCREST STREET 307. LANE STREET 308. LARKSMERE COURT 309. LAURIER CRESCENT 310. LAWSON STREET 311. LAYTON COURT 312. LEASIDE STREET 313. LIGHTFOOT PLACE 314. LINWOOD STREET 315. LISTOWELL CRESCENT 316. LITTLEFORD STREET 317. LIVERPOOL RD (FROM FINCH AVENUE TO NORTH TERMINUS & BAYLY ST TO SOUTH TERMINUS) 318. LIVINGSTON STREET 319. LODGE ROAD 320. LONGBOW DRIVE 321. LORN STREET 322. LUBLIN AVENUE 323. LUNA COURT 324. LUTTERWORTH COURT 325. LYDIA CRESCENT 326. LYNMAR COURT 327. LYNN HEIGHTS DRIVE '32g. LYNX AVENUE 329. LY [TON COURT 330. MADONNA COURT 41 I:\COUNCIL\OES 05-03.doc Jan-03 42 ATTACHMENT # I TO REPORT # OES 05-03 10 of 16 331. MAITLAND DRIVE 332. MAJOR OAKS ROAD 333. MALDEN CRESCENT 334. MAPLE AVENUE 335. MAPLE GATE ROAD 336. MAPLE HILL COURT 337. MAPLE RIDGE DRIVE 338. MAPLEVIEW COURT 339. MARINET CRESCENT 340. MARKHAM - PICKERING TOWNLINE 341. MARKSBURY ROAD 342. MARSHCOURT DRIVE 343. MARTINS ROAD 344. MAURY CRESCENT 345. MCBRADY CRESCENT 346. MCLEOD CRESCENT 347. MEADOWLANE CRESCENT 348. MEADOWRIDGE CRESCENT 349. MEADOWVlEW AVENUE 350. MELDRON DRIVE 351. MELMAN STREET 352. MEMORY LANE 353. MERIADOC DRIVE 354. MERRITTON ROAD 355. MIDDLETON STREET 356. MILL STREET 357. MILLBANK ROAD 358. MINK STREET 359. MINSTREL MANOR 360. MIRANDA COURT 361. MIRIAM ROAD 362. MODLIN ROAD 363. MONICA COOK PLACE 364. MONTCLAIR LANE 365. MONTEAGLE LANE 366. MONTGOMERY PARK RD (FROM SUSAN DRIVE EAST TO FRISCO ROAD) 367. MOORELANDS CRES 368. MORDEN LANE 369. MORETTA AVENUE 370. MOSSBROOK SQUARE 371. MOUNTAIN ASH DRIVE 372. MOUNTCASTLE CRESCENT I:\COUNCIL\OES 05-03.doc Jan-03 ATTACHMENT # I TO REPORT # OES 05-03 11 of 16 ITEM COLUMN 1 HIGHWAY NO. 373. MULBERRY LANE 374. MULMUR COURT 375. NAPANEE ROAD 376. NAROCH BOULEVARD 377. NEW STREET 378. NEWMARK PLACE 379. NIPISSING COURT 380. NOMAD ROAD 381. NORDANE DRIVE 382. NORFOLK SQUARE 383. NORTH ROAD 384. OAKBURN STREET 385. OAKWOOD DRIVE 386. OBERON COURT 387. OKLAHOMA DRIVE 388. OLD FOREST ROAD 389. OLD ORCHARD AVENUE 390. OLIVA STREET 391. ORCHARD HEIGHTS DRIVE 392. ORION COURT 393. OTONABEE DRIVE 394. PADDOCK ROAD 395. PARK CRESCENT 396. PARKDALE STREET 397. PARKHAM CRESCENT 398. PARKSIDE DRIVE 399. PATIO LANE 400. PATMORE LANE 401. PEACHWOOD LANE 402. PEBBLE COURT 403. PEBBLESTONE CRESCENT 404. PEPPERWOOD GATE 405. PE I,ICOAT LANE 406. PETUNIA PLACE 407. PINE GLEN DRIVE 408. PINE GROVE AVENUE 409. PINE HEIGHTS TRAIL 410. PINE RIDGE ROAD 411. PINECREEK COURT 412. PINEVIEW LANE 413. PLEASANT STREET 414. POPPY LANE 415. POPRAD AVENUE I:\COUNCIL\OES 05-03.doc Jan~03 ATTACHMENT # I TO REPORT # OES 05-03 12 of 16 ITEM COLUMN 1 HIGHWAY 416. PORTLAND COURT 417. POST DRIVE 418. PRIMROSE COURT 419. PROHILL STREET 420. RADOM STREET 421. RAINY DAY DRIVE 422. RAMBLEBERRY AVENUE 423. RATHMORE CRESCENT 424. RAWLINGS DRIVE 425. RAYLEEN CRESCENT 426. REDBIRD CRESCENT 427. REDWOOD LANE 428. REESOR COURT 429. REGAL CRESCENT 430. REGAN PLACE 431. REYTAN BOULEVARD 432. RICHARDSON STREET 433. RIDGEWOOD COURT 434. RIGBY DRIVE 435. RIVERVIEW CRESCENT 436. ROCKWOOD DRIVE 437. RODD AVENUE 438. ROSEBANK ROAD (FROM HWY #2 NORTH TO CONC. 4 ROAD & FROM HWY ~N01 TO SOUTH TERMINUS) 439. ROSEFIELD ROAD 440. ROUGE FOREST CRESCENT 441. ROUGE HILL COURT 442. ROUGE VALLEY DRIVE 443. ROUGEMOUNT DRIVE 444. ROWNTREE CRESCENT 445. ROYAL ROAD 446. SALEM ROAD 447. SAMFORD LANE 448. SANDCASTLE COURT 449. SANDCHERRY COURT 450. SANDHURST CRESCENT 451. SANDRA DRIVE 452. SANDY BEACH ROAD (FROM BAYLY STREET TO SOUTH TERMINUS) 453. SANGRO LANE 454. SANOK DRIVE 455. SAUGEEN DRIVE 456. TORONTO PICKERING TOWNLINE (ADJACENT TO LOT 35, CONCESSION 2, PICKERING & THE SOUTH 915 METRES OF LOT 35, I:\COUNCIL\OES 05-03.doc Jan-03 ATTACHMENT # I TO REPORT # OES 05-03 13 of 16 ITEM COLUMN 1 HIGHWAY NO, CONCESSION 3, PICKERING) 457. SECORD STREET 458. SEGUIN SQUARE 459. SENATOR STREET 460. SHADEMASTER DRIVE 461. SHADOW PLACE 462. SHADYBROOK DRIVE 463. SHAY DRIVE 464. SHEARER LANE 465. SHEPPARD AVENUE 466. SHERMAN CRESCENT 467. SIDELINE 2 468. SIDELINE 4 469. SIDELINE 6 470. SIDELINE 8 471. SIDELINE 12 472. SIDELINE 14 473. SIDELINE 16 474. SIDELINE 20 475. SIDELINE 22 476. SIDELINE 24 477. SIDELINE 26 478. SIDELINE 28 479. SIDELINE 30 480. SIDELINE 32 481. SIDELINE 34 482. SILVER MAPLE DRIVE 483. SILVER SPRUCE DRIVE 484. SlLVERTHORN SQUARE 485. SIMPSON AVENUE 486. SOMERGROVE CRESCENT 487. SOUTHCOTT ROAD 488. SOUTHVlEW DRIVE 489. SPARROW CIRCLE 490. SPARTAN COURT 491. SPEKE ROAD 492. SPRING STREET 493. SPRINGVIEW DRIVE 494. SPRUCE HILL ROAD 495. SQUIRES BEACH ROAD (250m NORTH OF BAYLY TO TERMINUS) 496. ST. MARTINS DRIVE 497. STARVlEW COURT 498. STEEPLE HILL I:\COUNCIL\OES 05-03.doc Jan-03 ATTACHMENT # I TO REPORT # OES 05-03 14 of 16 ITEM COLUMN 1 HIGHWAY 499. STONEBRIDGE LANE 500. STONEHAMPTON COURT 501. STONEHURST ROAD 502. STONEPATH CIRCLE 503. STORRINGTON STREET 504. STOVER CRESCENT 505. STRATHMORE CRESCENT 506. STREAMSIDE COURT 507. STROUDS LANE 508. STURGEON COURT 509. SULTANA SQUARE 510. SUMMERPARK CRESCENT 511. SUNDOWN CRESCENT 512. SUNRISE AVENUE 513. SURF AVENUE 514. SUSAN DRIVE 515. SWAN PLACE 516. SWEETBRIAR COURT 517. TANZER COURT 518. TAPLIN DRIVE 519. TATRA DRIVE 520. TAUNTON ROAD (EAST AND WEST OF BROCK ROAD TO NEW TAUNTON ROAD) 521. TAWNBERRY STREET 522. TERRACOTTA COURT 523. THEODEN COURT 524. THICKET CRESCENT 525. TILLINGS ROAD 526. TILSON COURT 527. TIMBER COURT 528. TIMMINS GARDEN 529. TISHA ROAD 530. TOMLINSON COURT 531. TOYNEVALE ROAD 532. TRAILWOOD COURT 533. TRANQUIL COURT 534. TREETOP WAY 535. TRELLIS COURT 536. TRIMBLE'S LANE 537. TULLO STREET 538. TWYN RIVERS DRIVE 539. UNA ROAD 540. UNDERHILL COURT I:\COUNCIL\OES 05-03.doc Jan-03 ATTACHMENT # '1 TO REPORT # OES 05-03 15 of 16 ITEM COLUMN 1 HI:GHWAY NO. 541. UXBRIDGE PICKERING TOWNLINE ROAD (FROM YORK REGIONAL ROAD 30 EAST TO UXBRIDGE CONCESSION 3 ROAD & FROM DURHAM REGIONAL ROAD 23 WESTERLY, A DISTANCE OF 0.96 KILOMETRES) 542. VALLEY FARM ROAD (FROM KINGSTON ROAD NORTH TO 3~u CONCESSION ROAD) 543. VALLEY GATE 544. VALLEY RIDGE CRESCENT 545. VALLEYVIEW DRIVE 546. VICKI DRIVE 547. VICTOR COURT 548. VICTORIA STREET 549. VICTORY DRIVE 550. VILLAGE STREET 551. VISTULA DRIVE 552. VOYAGER AVENUE 553. WALNUT LANE 554. WATERFORD GATE 555. WAYFARER LANE 556. WELLINGTON STREET 557. WELRUS STREET 558. WEST LANE 559. WEST SHORE BOULEVARD 560. WESTCREEK DRIVE 561. WESTNEY ROAD 562. WEYBURN SQUARE 563. WHARF STREET 564. WHEATSHEAF LANE 565. WHISKY GATE 566. WHITE CEDAR DRIVE 567. WHITE PINE CRESCENT 568. WHITEVALE ROAD (160 METRES WEST OF BROCK ROAD TO ALTONA ROAD) 569. WlLCROFT COURT 570. WILDFLOWER DRIVE 571. WlLDROSE CRESCENT 572. WILDWOOD CRESCENT 573. WILLIAM STREET 574. WlLLOWSlDE COURT 575. WlNDGROVE SQUARE 576. WINETTE ROAD 577. WlNGARDEN CRESCENT 578. WIXSON ROAD 579. WOLLASTON COURT I:\COUNCIL\OES 05-03.doc Jan-03 48 ATTACHMENT # 1_ TO REPORT # OES 05-03 16 of 16 ITEM COLUMN 1 HIGHWAY NO 580. WOODGRANGE AVENUE 581. WOODRUFF CRESCENT 582. WOODSIDE LANE 583. WOODSMERE CRESCENT 584. WOODVIEW AVENUE 585. WOODVIEW DRIVE 586. YEREMI STREET 587. ZATOR AVENUE I:\COUNCIL\OES 05-03.doc Jan-03 RECOMMENDATION OF THE FINANCE & OPERATIONS COMMITTEE DATE MOVED BY SECONDED BY ,. That Report CS 03-03 of the Director, Corporate Services & Treasurer regarding 2003 Interim Levy and Interim Installment Due Dates be received; and That an interim levy be adopted for 2003 for all of the realty property classes; and That the interim levy instalment due dates be February 26 and Apdl 28, 2003; and That the Director, Corporate Services & Treasurer be authorized to make any changes or undertake any actions necessary, including altering due dates, in order to ensure the tax billing process is completed; and That the attached by-law, providing for the imposition of the taxes, be read three times and passed by Council; and That appropriate City of Pickering officials be authorized to take the necessary actions to give effect thereto. 50 PICKERING REPORT TO FINANCE & OPERATIONS COMMITTEE Report Number: CS 03-03 Date: January 10, 2003 From: Gillis A. Paterson Director, Corporate Services & Treasurer Subject: 2003 Interim Levy and Interim Installment Due Dates Recommendation: It is recommended that Report CS 03-03 of the Director, Corporate Services & Treasurer be received; 2. An interim levy be adopted for 2003 for all of the realty property classes; 3. The interim levy installment due dates be February 26 and April 28, 2003; The Director, Corporate Services & Treasurer be authorized to make any changes or undertake any actions necessary, including altering due dates, in order to ensure the tax billing process is completed; The attached by-law, providing for the imposition of the taxes, be read three times and passed by Council; and, The appropriate City of Pickering officials be authorized to take the necessary actions to give effect thereto. Executive Summary: Each year, prior to the adoption of the estimates for the year, Council authorizes the adoption of an interim levy. Under Provincial legislation, the interim levy can be no more than 50% of the previous years annualized taxes. In other words, if a property experienced an assessment increase, due to an additional supplementary or omitted assessment, or a decrease in assessment due to an appeal, demolition or class change, the 2003 interim levy would be based on the adjusted annualized 2002 taxes. This requires much more detailed assessment, taxation and billing analysis for 2003 and each year thereafter. The tax levy raises funds that are used for the continuing operations of the City, Region and the School Boards. Report CS 03-03 Date: January 10, 2003 ,~.~. Subject: 2003 Interim Levy and Interim Installment Due Dates Page 2 Financial Implications: Adoption of the recommendations and passing the by-law will allow staff of the Corporate Services Department to bill the 2003 interim levy to all properties. Passing of the by-law will assist the City of Pickering to meet its financial obligations and reduce any borrowing costs. (The first school board payment is due on March 31, 2003) Background: In accordance with the legislation mentioned above, the City issues interim tax bills based on the previous year's annualized taxes. The recent Province- wide re-assessment however, is NOT taken into consideration when calculating the interim taxes payable. For those property owners whose assessment increases or decreases, the impact of the assessment change is postponed to the 2003 final tax bill. Property owners who receive substantial assessment increases lose the benefit of spreading the potential tax increases over four payments. However, for those taxpayers that utilize the City's Pre-authorized Payment Plan (PAP), they will have the benefit of spreading the assessment increases over the four installments that occur after the budgets of the City of Pickering have been passed and after the Province sets the education tax rates. (The City currently has approximately 4,300 rate payers using the PAP program.) Changes to the Billing Schedule Recommendation 4, will allow the Director of Corporate Services & Treasurer some latitude, limited by Provincial legislation, in effecting whatever may be necessary in order to ensure that the taxes are billed properly and in a timely fashion. It was always staff's understanding that Recommendation 4 would be used to change the due dates by a few days in order to meet Provincial legislation requirements. (Section 343, subsection one of the Municipal Act states the property owner must have at least twenty-one days to pay their taxes.) A report would be prepared to Council if there was a substantial delay in the billing of the interim taxes. Attachments: 1. By-law to establish the 2003 Interim Installment 'Due Dates 52 Report CS 03-03 Date: Subject: 2003 Interim Levy and Interim Installment Due Dates Januaw 10,2003 Page 3 Prepared By: Stan Karwowski Manager, Finance & Taxation GAP:vw Attachment Copy: Chief Administrative Officer Approved / Endorsed By: Gillis A. Paterson Director, Corporate Services & Treasurer Recommended for the consideration of Pickering City Council T, IC~T~s J: Ou~, Chie~/Admi~~ o ,,~.TTACHMENT #_L._TO P, EPOB,T #/.,_./~' O~ '-0.3 THE CORPORATION OF THE CITY OF PICKERING BY-LAW NO. Being a by-law for the collection of taxes and to establish the installment due dates for the Interim Levy 2003. WHEREAS Section 317, of the Municipal Act, 2001, S.O.2001, c125, as amended, provides that the council of a local municipality may, before the adoption of the estimates for the year, pass a by-law levying amounts on the assessment of property, in the local municipality ratable for local municipality purposes; and WHEREAS, the Council of the Corporation of the City of Pickering deems it appropriate to provide for such an interim levy on the assessment of property in this municipality. NOW THEREFORE, THE COUNCIL OF THE CORPORATION OF THE CITY OF PICKERING HEREBY ENACTS AS FOLLOWS: 1. The amounts levied shall be as follows: For the residential, pipeline, farmland and managed forest property classes there shall be imposed and collected an interim levy of: If no percentage is prescribed, 50% of the total taxes for municipal and school purposes levied in the year 2002. For the multi-residential, commercial and industrial property classes there shall be imposed and collected an interim levy ofl If no percentage is prescribed, 50% of the total taxes for municipal and school purposes levied in the year 2002. For the payment-in-lieu property classes, there shall be imposed and collected an interim levy of: If no percentage is prescribed, 50% of the total taxes for municipal and where applicable for school purposes, in the year 2002. For the purposes of calculating the total amount of taxes for the year 2003 under paragraph one, if any taxes for municipal and school purposes were levied on a property for only part of 2002 because assessment was added to the collector's roll during 2002,-an amount shall be added equal to the additional taxes that would have been levied on the property if taxes for municipal and school purposes had been levied for the entire year. The provision of this by-law apply in the event that aSsessment is added for the year 2003 to the collector's roll after the date this by-law is passed and an interim levy shall be imposed and collected. Taxes shall be payable to the Treasurer, City of Pickering. When not in default, the payment of taxes, or any installment thereof, may also be made at any financial institution permitted by Section 346 of the Municipal Act, 2001, S.O. 2001 c. 25, as amended. The Treasurer may mail, or cause to be mailed, all notices of taxes required in accordance with the provisions of the Municipal Act, 2001, S,O. c. 25, as amended, to the address of the residence or place of business or to the premises in respect of which the taxes are payable unless the taxpayer directs the treasurer in writing to send the bill to another address, in which case it shall be sent to that address. Notices will not be mailed to tenants. It is the responsibility of the person taxed to notify and collect taxes from' tenants or other persons. ,53 5,1 10. 11. 12. 13. The Treasurer is hereby authorized to accept part payment from time to time on account of any taxes due, in accordance with the provisions of subsection 347 (1) and (2) of the Municipal Act 2001, S.C. 0.25 as amended, and to give a receipt for such part payment under Section 346 (1) of the Municipal Act 2001, S.C.c.25, as amended. The Treasurer is hereby authorized to prepare and give one separate tax notice for the collection of 2003 taxes, one notice being an INTERIM notice, with two installments under the provisions of Section 342 of the Municipal Act 2001, S.C. 2001, c.25 as amended, as follows: INTERIM Tax Notice Due date of the first installment February 26, 2003 Due date of the second installment April 28, 2003; or either date adjusted by the Director, Corporate Services & Treasurer. Except in the case of taxes payable in respect of assessments made under Sections 33 and 34 of the Assessment Act, R.S.O. 1990, c. A31, as amended, the late payment charge of one and one-quarter percent for non-payment of taxes and monies payable as taxes shall be added as a penalty to every tax or assessment, rent or rate of any installment or part thereof remaining unpaid on the first day of default and on the first day of each calendar month thereafter in which such default continues pursuant to subsections 345 (1), (2) and (3) of the Municipal Act 2001, S.C.c.25 as amended. The Treasurer shall collect by distress or otherwise under the provisions of the applicable statutes all such taxes, assessments, rents, rates or installments or parts thereof as shall not have been paid on or before the several dates named as aforesaid, together with the said percentage charges as they are incurred pursuant to sections 349, 350 and 351 of the Municipal Act 2001, S.C.c.25 as amended. In the case of taxes payable in respect of assessments made under Sections 33 and 34 of the Assessment Act, R.S.O. 1990, c,A.31, as amended, the late payment charge of one and one-quarter percent for non payment of taxes and monies payable as taxes shall be added as a penalty to every tax so payable remaining unpaid on the first day after twenty-olde days from the date of mailing by the Treasurer of a demand for payment thereof and on the first day of each calendar month thereafter in which, default continues pursuant to subsections 345 (1), (2) and (3) of the Municipal Act 2001, S.C.c.25 as amended. It shall be the duty of the Treasurer immediately after the expiration of the said twenty-one days to collect at once by distress or otherwise under the provisions of the applicable statutes, all such taxes as shall not have been paid on or before the expiration of the said twenty-one day period, together with the said percentage charges as they are incurred pursuant to sections 349, 350 and 351 of the Municipal Act 2001, S.C.c.25 as amended. Nothing heroin contained shall prevent the Troasurer from proceeding at any time with the collection of any rate, tax or assessment, or any part thereof, in accordance with the provisions of the statutes and by-laws governing the collection of taxes. Where tenants of land owned by the Crown or in which the Crown has an interest are liable for the payment of taxes and where any such tenant has been employed either within or outside the municipality by the same employer for not less than thirty days, such employer shall pay over to the Treasurer on demand out of any wages, salary or other romuneration due to such employee, the amount then payable for taxes under this by-law and such payment shall relieve the employer from any liability to the employee for the amount so paid. If any section or portion of this By-Law is found jurisdiction to be invalid, it is the intent of Council for of Pickering that all remaining sections and portions force and effect. by a court of competent the Corporation of the City of this By-Law continue in 14. That this by-law is to come into effect on the 1st day of January, 2003. BY-LAW read a first, second and third time and finally passed this 3rd day of February, 2003. Wayne Arthurs, Mayor Bruce Taylor, Clerk