HomeMy WebLinkAboutBy-law 1305/81THE CORPORATION OF THE TOWN OF PICKERING
BY-LAW NO. 1305/81
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 continua-
tion, operation and maintenance of the Ajax/
Pickering Handi-Trans Transportation System
WHEREAS, pursuant to the provisions of section 352(1)90 of The
Municipal Act, R.S.O. 1970, chapter 284, the councils of all
local municipalities may pass by-laws to acquire, establish,
maintain and operate a public bus transportation system; and
WHEREAS, pursuant to the provisions of section 352.5 of the
said Act, the councils of all municipalities may pass by-laws
to enter into agreements, inter alia, for the joint management
and operation of transportation systems;
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 Pickering and the
Corporation of the Town of Ajax with respect to the
continuation, maintenance and operation of the Ajax/
Pickering Handi-Trans system.
BY-LAW read a first, second and third time and finally passed
this 15th day of June , 1981.
ayor. ') - Z
/
eee
C erk i
' (N 0
i
SCHEDULE "A" to By-law 1305/81
THIS AGREEMENT made in duplicate this
day of
, 1981.
B E T W E E N:
THE CORPORATION OF THE TOWN OF PICKERING
hereinafter referred to as "Pickering"
OF THE FIRST PART,
- and -
THE CORPORATION OF THE TOWN OF AJAX
hereinafter referred to as "Ajax"
OF THE SECOND PART.
WHEREAS, pursuant to the provisions of section 354(1)90 of The
Municipal Act, R.S.O. 1970, chapter 284, 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 352.5 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 transporta-
tion system, to be operated by Pickering, for the benefit of certain
handicapped persons resident within Pickering or 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 transporta-
tion system, known as "Ajax/Pickering Handi-Trans", for the pur-
pose of the transportation within the boundaries of Pickering and
Ajax, and to and from certain points outside those boundaries, of
those residents of Ajax or Pickering who, because of a physical
disability, are not able to board a regular transit facility.
2. Pickering 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 Pickering; and
(b) all staff required in the day-to-day operation of the system
shall be employees of Pickering.
-2-
3. (1) Fares and rates for the carriage of passengers shall,
(a) be established by the Directors of Transportation of
both Pickering and Ajax;
(b) be the same for residents of Pickering and for residents
of Ajax;
(c) be subject to the approval of the Councils of each of
Pickering and Ajax; and
(d) be subject to the approval of the Ontario Highway Trans-
port Board and the Minister of Transportation and Com-
munications, as required by law.
(2) Fares shall be collected and accounted for in accordance with
the provisions 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
the municipality in which the handicapped person resides.
5. (1) The system shall provide transportation for eligible handi-
capped persons and their eligible assistants between any
point in either Pickering or Ajax and,
(a) any other point in either Pickering or Ajax;
(b) Durham College of Applied Arts and Technology in Oshawa;
(c) Oshawa General Hospital in Oshawa;
(d) Scarborough College in Scarborough; and
(e) Scarborough Centenary Hospital in Scarborough,
subject to the approval of the Minister of Transportation and
Communications; and, with respect to clauses (b) and (c), the
Town of Whitby and the City of Oshawa; and, with respect to
clauses (c) and (d), the Municipality of Metropolitan Toronto.
(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 neces-
sarily 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;
- 3 -
(b) "net expense" means gross expense less,
(i) revenue from fares; and
(ii) revenue from other sources, such as donations;
(c) "adjusted net expense" means net expense less,
(i) Pickering North payments received from Ajax; and
(ii) Pickering North payments received from Pickering.
(2) (a) At the end of every calendar quarter during the term of
this Agreement, each of Pickering and Ajax shall make
"Pickering North payments" to the system, being contri-
butions to compensate the system for any trips or parts
of trips during that quarter within that part of the
Town of Pickering north of, but not including, Conces-
sion 5 Road.
(b) The amount of each town's Pickering North payments shall
be the aggregate of,
(i) for trips taken on or before June 30th, 1981,
$0.14 for each kilometre travelled, and for trips
taken after June 30th, 1981, $0.20 for each
kilometre travelled, and
(ii) for trips taken on or before June 30th, 1981,
$10.20 for each hour of travel, and for trips
taken after June 30th, 1981, $11.52 for each hour
of travel,
during which a bus is in the said part of the Town of
Pickering on a trip or part of a trip on behalf of an
eligible handicapped person resident in the payor town.
(3) At the end of every calendar quarter during the term of this
Agreement, each of Pickering and Ajax shall pay to the system
that town's share of the adjusted net expense for that quar-
ter, which adjusted net expense shall be pro-rated on a per
capita basis between Pickering and Ajax.
(4) For the purposes of subsection (3), above, the term "per
capita basis" shall mean according to the population figures
for Pickering and Ajax set out in the most recent edition,
from time to time, of the Municipal Directory, published by
the Ministry of Intergovernmental Affairs.
7. (1) In the event that either Pickering 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 Pickering and
Ajax shall share such liability and compensate each other
accordingly, as may be required, on a per capita basis.
(2) For the purposes of subsection (1), above, the term "per
capita basis" shall mean according to the population figures
for Pickering and Ajax set out in the most recent edition,
from time to time, of the Munici al Director , published by
the Ministry of Intergovernmental A fairs.
- 4 -
8. (1) This Agreement shall be deemed to have come into force on
November 12th, 1980, and shall, as of that date, be deemed to
supersede and replace the Agreement dated July 14th, 1980,
between the Parties.
(2) The term of this Agreement shall expire at midnight on June
30th, 1983 unless earlier terminated.
(3) This Agreement may be terminated at any time by either party
upon 60 days written notice to the other.
9. This Agreement, including Schedules "A" and "B" hereto, and every-
thing contained herein shall enure to and be binding upon the
Parties hereto and their successors, 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
Mayor
THE CORPORATION OF THE TOWN OF AJAX
Mayor
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 Communications
and the Ontario Highway Transport Board.
2. Approved fares are collected by drivers from passengers upon
disembarkation, unless circumstances do not permit, in which
case such fares are collected upon 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 revenues relating to "Pickering 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.
SCHEDULE "B"
DAYS, HOURS AND FREQUENCY OF OPERATION
A. DAYS OF OPERATION
1. Monday to Friday, inclusive
B. HOURS OF OPERATION
1. 7:00 a.m. (07:00 hours) to 7:00 p.m. (19:00 hours), daily
(local time)
C. FREQUENCY OF OPERATION
1. On demand, subject to capacity limitations