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HomeMy WebLinkAboutJanuary 26, 2004Executive Committee Meeting Agenda Monday, January 26, 2004 Chair: Councillor Johnson (i) ADOPTION OF MINUTES Finance & Operations Meeting of September 22, 2003 Planning Meeting of December 8, 2003 Committee of the Whole Meeting of December 8, 2003 (11) 1. MATTERS FOR CONSIDERATION PLANNING & DEVELOPMENT REPORT PD 05-04 557351 ONTARIO LIMITED COUGS INVESTMENTS LTD. LAMORIE, BRUCE DONALD ANDLAMORIE, JUDITH LOUISE FINAL ASSUMPTION OF PLANS OF SUBDIVISION PAGE 1-27 PLANNING & DEVELOPMENT REPORT PD 04-04 CYRNO HOLDINGS INC. LISGOOLD DEVELOPMENTS INC. COUGS INVESTMENTS (PICKERING) LTD. KAITLIN HOMES LTD. FINAL ASSUMPTION OF PLANS OF SUBDIVISION 28-43 OPERATIONS & EMERGENCY SERVICES REPORT OES 37-03 LEAF & YARD WASTE COLLECTION ELIMINATION OF CLEAR PLASTIC BAGS AMENDMENT TO BY-LAW #5422/98 44-53 OPERATIONS & EMERGENCY SERVICES REPORT OES 38-03 THE CANADIAN PROGRESS CLUB - DURHAM SOUTH MANAGEMENT AGREEMENT - FRONT STREET CENTRE 54-70 OPERATIONS & EMERGENCY SERVICES REPORT OES 40-03 NO-PARKING BY-LAW AMENDMENT TO BY-LAW 2359/87 71-75 Executive Committee Meeting Agenda Monday, January 26, 2004 Chair: Councillor Johnson OPERATIONS & EMERGENCY SERVICES REPORT OES 41-03 NO-PARKING BY-LAW AMENDMENT TO BY-LAW 235987 -WALNUT LANE 76-80 CORPORATE SERVICES REPORT CS 01-04 2004 INTERIM LEVY AND INTERIM INSTALMENT DUE DATES -87 PROCLAMATION: "EPILEPSY AWARENESS MONTH"- MARC,H, 2004 88-89 (111) OTHER BUSINESS (IV) ADJOURNMENT RECOMMENDATION OF THE PLANNING COMMITTEE DATE MOVED BY SECONDED BY That by-laws be enacted to: assume City roads and services within Plans 40M-1649, 40M-1653, 40M- 1657, 40M-1663, 40M-1664 and within those portions of Darwin Drive and Regal Crescent (which roads front the lands developed by Plan 40M-1657) dedicated by By-law 3681/90; amend By-law 1416/82 (Places of Amusement) to include the roads within Plans 40M-1649, 40M-1653, 40M-1663, 40M-1664 and those portions of Darwin Drive and Regal Crescent (which roads front the lands developed by Plan 40M-1657) dedicated by By-law 3581/90; dedicated Blocks 15 and 17, Plan 40M-1649 and Blocks 103 and 104, Plan 40M-1664 as public highways; and authorize the release and removal of the Subdivision Agreements from title relating to Plans 40M-1649, 40M-1653, 40M-1657, 40M-1663 and 40M-1664. O2 PICKERING REPORT TO PLANNING COMMITTEE Report Number: PD 05-04 Date: January 6, 2004 From: Nell Carroll Director, Planning & Development Subject: 557351' Ontario Limited Lots I to 10, Blocks 11 to 14, Plan 40M-1649 557351 ~Ontario Limited Lots I to 6, Blocks 7 to 11 and 14, Plan 40M-1653 Cougs Investments Ltd. Lots I to 15 and Blocks 16 to 20, Plan 40M-1657 Lamorie, Bruce Donald and Lamorie, Judith Louise Lots I to 5, Plan 40M-1663 Cougs Investments (Pickering) Ltd. Lots I to 89, Blocks 90 to 94 and Blocks 96 to 100, Plan 40M-1664 'Final Assumption of Plans of Subdivision Recommendation: By-laws should be enacted to: assume City roads and services within Plans 40M-1649, 40M-1653, 40M-1657 40M-1663, 40M-1664 and within those portions of' Darwin Drive and Regal Crescent (which roads front the lands developed by Plan 40M-1657) dedicated by By-law 3581/90; amend By-law 1416/82 (Places of Amusement) to include the roads within Plans 40M-1649, 40M-1653, 40M-1663, 40M-1664 and those portions of Darwin Drive and Regal Crescent (which roads front the lands developed by Plan 40M-1657) dedicated by By-law 3581/90; dedicate Blocks 15 and 17, Plan 40M-1649 and Blocks 103 and 104, Plan 40M-1664 as public highways; and authorize the release and removal of the Subdivision Agreements from title relating to Plans 40M-1649, 40M-1653, 40M-1657, 40M-1663 and 40M-1 664. Report PD 05-04 Date: Subject: Final Assumption of Plans of Subdivision 40M-1649, 40M-1653, 40M-1657, 40M-1663 and 40M-i 664 January 6, 2004 Page 2 03 Executive Summary: The City entered into Subdivision Agreements with the above-noted developers for the development of Plans 40M-1649, 40M-1653, 40M-1657, 40M-1663 and 40M-1664. As the developers have now completed ali works and services within these plans to the satisfaction of City staff, it is now appropriate to assume the M-Plans under the jurisdiction of the City and release the developers from the provisions of the respective Subdivision Agreements. Financial Implications: of this recommendation. There are no new financial implications to the City as a result Background: The City entered into Subdivision Agreements with the above-noted developers for the development of Plans 40M'1649, 40M-1653, 40M-1657, 40M-1663 and 40M-1664. As the developers have now completed all works and services within these Plans to the satisfaction of City staff, it is now appropriate to assume the M-Plans under the jurisdiction of the City and release the developers from the provisions of the respective Subdivision Agreements. The assumption of Plans 40M~1'649, 40M-1653, 40M-1657, 40M-1663 and 40M-1664 and the release of the Subdivision Agreements must be acknowledged by the enactment of various By-laws assuming the roads and services within the Plans, amending By-law .1416/82 which relates to Places of Amusement, dedicating Blocks 15 and 17, Plan 40M-1649 and Blocks 103 and 104, Plan 40M-1664 as public highways and authorizing the release and removal of the respective Subdivision Agreements from title. Accordingly, it is recommended that the following By-laws be enacted to: assume City roads and services within Plans 40M-1649, 40M-1653, 40M-1657, 40M-1663, 40M-1664 and within those portions of Darwin Drive and Regal Crescent (which roads front the lands developed by Plan 40M-1657) dedicated by By-law 3581/90; amend By-law 1416/82 (Places of Amusement) to include the roads within Plans 40M-1649, 40M-1653, 40M-1663, 40M-1664 and those portions of Darwin Drive and Regal Crescent (which roads front the lands developed by Plan 40M-1657) dedicated by By-law 3581/90; dedicate Blocks 15 and 17, Plan 40M-1649 and Blocks 103 and 104, Plan 40M-1664 as public highways; and authorize the release and removal of the Subdivision Agreements from title relating to Plans 40M-1649, 40M-1653, 40M-1657, 40M-1663 and 40M-1 664. Report PD 05-04 Date: January 6, 2004 Subject: Final Assumption of Plans of Subdivision Page 3 40M-1649, 40M-1653, 40M-1657, 40M-1663 and 40M-1664 Attachments: 2. 3. 4. 5. 6. 7. 10. 11. 12. 13. 14. 15. 16. 17. 18. 19. 20. 21. 22. Location Map - Plan 40M-1649 Location Map - Plan 40M-1653 Location Map - Plan 40M-1657 Location Map - Plan 40M-1663 Location Map - Plan 40M-1664 By-law to assume City roads and services within Plan 40M-1649 By-law to amend By-law 1416/82 (Places of Amusement) to include the roads within Plan 40M-1649 By-laW to dedicate Blocks 15 and 17, Plan 40M-1649 as public highways By-law to authorize the release and removal of the Subdivision Agreement from title relating to Plan 40M-1649 By-law to assume City roads and services within Plan 40M-1653 By-law to amend By-law 1416/82 (Places of Amusement) to include the roads within Plan 40M-1653 By-law to authorize the release and removal of the Subdivision Agreement from title relating to Plan 40M-1653 By-law to assume the services within Plan 40M-1657 and the roads and services within the portions of Darwin Drive and Regal Crescent dedicated as By-Law 3581/90 (roads fronting lands developed by Plan 40M-1657) By-law to amend By-law 1416/82 (Places of Amusement) to include those portions of Darwin Drive and Regal Crescent dedicated by By-law 3581/90, (roads fronting lands developed by Plan 40M-1657) By-law to authorize the release and removal of the Subdivision Agreement from title relating to Plan 40M-1657 By-law to assume City roads and services within Plan 40M~1663 By-law to amend By-law 1416/82 (Places of Amusement) to include the roads within Plan 40M-1663 By-law to authorize the release and removal of the Subdivision Agreement from title relating to Plan 40M-1663 By-law to assume City roads and services within Plan 40M-1664 By-law to amend By-law 1416/82 (Places of Amusement) to include the roads within Plan 40M-1664 By-law to dedicate Blocks 103 and 104, Plan 40M-1664 as public highways By-law to authorize the release and removal of the Subdivision Agreement from title relating to Plan 40M-1664 Report PD 05-04 Date: January 6, 2004 Subject: Final Assumption of Plans of Subdivision Page 4 40M-1649, 40M-1653, 40M-1657, 40M-1663 and 40M-i664 "5 Prepared By: Denise Bye, Coordinator Property & Development Services DB:bg Attachments Copy: Chief Administrative Officer Recommended for the consideration of Pickering City Council Th o(n ~'-s'~Q ui n"-~/hief .~i"n-~e' O~ff~ic~r ~ Approved / Endorsed By: .. ,,-' / ~¢? ,?' NeiJ carrolllZ ,cipp Director, PlaBn~n~ & Development Recommendation approved: Chief Administrative Officer Director, Operations & Emergency Services Director, Planning & Development Director, Corporate Services & Treasurer City Clerk __..J ~-~\C~ARDSON STREET I ! / I ~ ~L'~''-Lr IX ~ ~ ~ ~ SUBJECT . ~ ~ ~ ~ ~ ~_ ~ ~ ~ SUBDIV/S~ - " ~ ~--~~~---~ ~E~/" r >Z '~ ...... HOOVER DRIVE ~ ~ ~ ~/ x / N'-, ~ ~ ~ ~~ ~~' r_ ~2' " ' - ~/) ...... ..... % ,, ~ I z City of Pickerin9 Planning & Development DepaAment PROPER~ DESORIPTION P~N 40~-~849 OWNER VARIOUS DATE NOV 20, 2003 DRAWN BY F,-E NO SUBDIVIS ON COr~PL=T O~, Aq[ A SUM=TiOB' ~A~ ~ ., :~¢~ I . _ . _ I A~ , Ill LITT L E~ y .~--"~ ~ ~, ~ ~ ~~STOVER CRESCENT ~ : HOOVER DRIVE ~ m~i ~'~ ~, = ~, , ~, ~ ~, ~ AI~I __ ~i.__-- ~ ~ ~ VALLEY GATE BR~~ Qity of PJckering Planning & Development PROPER~ DESCRIPTION P~N 40M-1653 OWNER ~¢ARIOUS DATE NOV FILE Ne. SUBDIVISION COMPLETION AND ASSUMPTIOk' SCALE FOR DEPARTMENT USE ONLY P~%5 REPORT ~ PD COURT LYNN DRIVE DARWIN REGAL FINCH DRIVE AVENUE FINCH AVE N U E ,'OAD TAPLIN DRIVE City of Pickering Planning & Development Department PROPERTY DESCRIPTION PLAN OWNER VARIOUS DATE OC'~, 7, 2003, I DRAWN Bv JB FOR DEPARTMENT USE ONLY P N -,7' ~ ~ ~ TAWNB~i~ ........ 'z 8 ST. -7 < ~ ,. ., ~ Z~ ~ i ' Ci~ of Pickering Planning & Development Depa~ment PROPER~ DESCRIPTION PLAN 40M-1663 .., OWNER VARIOUS DATE NOV 14, 2003 DRAWN BY JB FILE No. SUBDIVISION COi~PLETION AND ASSUMPTION SCALE 1:~000 CHECKED BY ~L FOR DEPARTMENT USE ONLY P~kL1:: p~., ~ ~~~~~ ALPINE 'L~~~ ~~ x/ /~ ~ ~ CRESCEN FINCH AVENUE City of Pickering Planning & Development Depa~ment PROPER~ DESCRIPTION PLAN 40M-1664 OWNER VARIOUS DATE NOV. 14, 2003 ~ DRAWN BY JB FILE No. SUBDIVISION COMPLETION AND ASSUMPTION SCALE ~ :5000 CHECKED BY FOR DEPARTMENT US~ ONLY p~.,~ ~ .~,T'TAOHIVIEN7 ¢~TO - THE CORPORATION OF THE CiTY OF PICKERING BY-LAW NO. Being a By-law to assume roads and services under the jurisdiction of The Corporation of the City of Pickering in Plan 40M-1649, Pickering and to assume Fiddlers Court for public use as a public highway. WHEREAS above ground and underground services under the jurisdiction of The Corporation of the City of Pickering in Plan 40M-1649 have been completed to the City's satisfaction; and WHEREAS Fiddlers Court is a highway shown on Plan 40M-1649 with the City of Pickering having jurisdiction over it; and WHEREAS pursuant to the MunicipalAct, S.C. 2001, c. 25, section 30, a highway is owned by the municipality having jurisdiction over it; and WHEREAS pursuant to the Municipal Act, S.C. 2001, c. 25, section 31, a municipality may by By-law assume highways for public use; NOW THEREFORE, the Council of The Corporation of the City of Pickering HEREBY ' ENACTS AS FOLLOWS: The above ground services under the jurisdiction of The Corporation of the City of Pickering that are required to be constructed or installed in the development of Plan 40M-1649, Pickering, including the roads, curbs and gutters, sidewalks, driveway aprons, boulevards, street signs, fencing and grading, are hereby accepted and assumed by the City of Picketing. o The underground services under the jurisdiction of The Corporation of the City of Pickering that are required to be constructed or installed in the development of Plan 40M-1649, Picketing, including the storm drainage system and related appurtenances, are hereby accepted and assumed for maintenance by the City of Pickering. The following highway is hereby assumed for public use as public highway under the jurisdiction of The Corporation of the City of Pickering: · Fiddlers Court BY-LAW read a first, second and third time and finally passed this day of February, 2004. David Ryan, Mayor Bruce Taylor, Clerk THE CORPORATION OF THE CITY OF PICKERING .BY-LAW NO. Being a By-taw to amend By-law 1416/82 providing for the regulation and licencing of places of amusement. WHEREAS pursuant to the Municipal Act, S.C. 2001, c. 25, section 150(1), the Council of The Corporation of the City of Pickering enacted By-law 1416/82 providing for the regulation and licencing of places of amusement; . NOW THEREFORE, the Council of The Corporation of the City of Pickering HEREBY ENACTS AS FOLLOWS: Schedule A to By-law 1416/82, as amended, is hereby further amended by adding thereto the following: Fiddlers Court, Plan 40M-1649, City of Pickering, Regional Municipality of Durham. BY-LAW read a first, second and third time and finally passed this day of February, 2004. David Ryan, Mayor Bruce Taylor, Clerk _T_HE CORPORATION OF THE CITY OF PIC~KERING BY-LAW NO, Being a By-law to dedicate Btocks 15 and 17, Plan 40M-1649, Pickering as public highways. WHEREAS The Corporation of the City of Pickering is the owner of Blocks 15 and 17, Plan 40M-1649, Pickering and wishes to dedicate them as public highways; NOW THEREFORE, the Council of The Corporation of the City of Pickering HEREBY ENACTS AS FOLLOWS: Block 15, Plan 40M-1649, Pickering is hereby dedicated as public highway (Tomlinson Court). Block 17, Plan 40M-1649, Pickering is hereby dedicated as public ' highway (Fiddlers Court). BY-LAW read a first, second and third time and finally passed this day of February, 2004. David Ryan, Mayor Bruce Taylor, Clerk THE CORPORATION OF THE CITY OF PICKERIN¢, BY-LAW NO. Being a By-law to authorize the release and removal of the Subdivision Agreement respecting Plan 40M-1649, Pickering, from title. WHEREAS pursuant to the Planning Act, R.S.O. 1990, c. 13, s. 50, or a predecessor thereof, The Corporation of the Town of Pickering and 557351 Ontario Limited entered into a Subdivision Agreement dated October 1, t990, Notice of which was registered as Instrument No. LT523566, respecting the development of Plan 40M-1649, Pickering; and WHEREAS the terms and conditions of the Subdivision Agreement have been complied with to the satisfaction of the City; NOW THEREFORE, the Council of The Corporation of the City of Pickering HEREBY ENACTS AS FOLLOWS: The Mayor and Clerk hereby authorize the release and removal of the Subdivision Agreement from title dated October 1, 1990, Notice of which was registered as Instrument No. LT523566 between 557351 Ontario Limited and The Corporation of the Town of Pickering, respecting the development of Plan 40M-1649, Pickering. BY-LAW read a first, second and third time and finally passed this day 0f February, 2004. David Ryan, .Mayor Bruce Taylor, Clerk THE CORPORATION OF THE CITY OF PICKERING Being a By-law to assume roads and services under the jurisdiction of The Corporation of the City of Picketing in Plan 40M-1653, Picketing and to assume Tomlinson Court and Fiddlers Court for public use as public highways. WHEREAS above ground and underground services under the jurisdiction of The Corporation of the City of Pickering in Plan 40M-1653 have been completed to the City's satisfaction; and WHEREAS Tomlinson Court and Fiddlers Court are highways shown on Plan 40M-1653 with the City of Pickering having jurisdiction over them; and WHEREAS pursuant to the Municipal Act, S.C. 2001, c. 25, section 30, a highway is owned by the municipality having jurisdiction over it; and WHEREAS pursuant to the Municipal Act, S.O. 2001, c. 25, section 31, a municipality may by By-law assume highways for public use; NOW THEREFORE, the Council of The Corporation of the City of Pickering HEREBY ENACTS AS FOLLOWS: The above ground services under the jurisdiction of The Corporation of the City of Pickering that are required to be constructed or installed in the development of Plan 40M-1653, Pickering, including the reads, curbs and gutters, sidewalks, driveway aprons, boulevards, street' signs, fencing and grading, are hereby accepted and assumed by the City of Pickering. 3o The underground services under the .jurisdicton of The Corporation of the City of Pickering that are required to be Constructed or installed in the development of Plan 40M-1653, Pickering, including the storm drainage system and related appurtenances, are hereby accepted and assumed for maintenance by the City of Pickering. The following highways are hereby assumed for public use as public highways under the jurisdiction of The Corporation of the City. of Pickering: · Tomlinson Court · Fiddlers Court BY-LAW read a first~ second and third time and finally passed this ' day of February, 2004. David Ryan, Mayor Bruce Taylor, Clerk THE CORPORATION OF THE CITY OF PICKERING Being a By-law to amend By-law 1416/82 providing for the regulation andl licencing of places of amusement. WHEREAS pursuant to the Municipal Act, S.O, 2001, c. 25, section 150(1), the Council of The Corporation of the City of Pickering enacted By-law 1416/82 providing for the regulation and licencing of places of amusement; NOW THEREFORE, the Council of The Corporation of the City of Pickering HEREBY ENACTS AS FOLLOWS: Schedule A to By-law 1416/82, as amended, is hereby further amended by adding thereto the following: Tomlinson Court and Fiddlers Court; Plan 40M-1653, City of Pickering, Regional Municipality of Durham. BY-LAW read a first, second and third time and finally passed this day of February, 2004. David Ryan, Mayor Bruce Taylor, Clerk THE CORPORATION OF THE CiTY OF PICKERING BY-LAW NO. Being a By-law to authorize the release and removal of the Subdivision Agreement respecting Plan 40M-1653, Picketing, from title. WHEREAS pursuant to the Planning Act, R.S.O. 1990, c. 13, s. 50, or a predecessor thereof, The Corporation of the Town of Pickering and 557351 Ontario Limited entered into a Subdivision Agreement dated October 1, 1990, Notice of which was registered as Instrument 'No. LT536738 and which Agreement was amended on September 1.6, 1991, Notice of which was registered as Instrument No. LT570413, respecting the development of Plan 40M,1653, Pickering; and WHEREAS the terms and conditions of the Subdivision Agreement and the amendment thereto have been complied with to the satisfaction of the City; NOW THEREFORE, the Council of The Corporation of the City of Pickering HEREBY ENACTS AS FOLLOWS: The Mayor and Clerk hereby authorize the release and removal from title of: (a) the Subdivision Agreement dated October 1, 1990, Notice of which was registered as Instrument No. LT536738; and (b) the amending Subdivision Agreement dated September 16, 1991, Notice of which was registered as Instrument No. LT570413, between 557351 Ontario Limited and The Corporation of the Town of Pickering, respecting the development of Plan 40M-1653, Pickering. BY-LAW read a first, second and third time and finally passed this ,Jay of February, 2004. David Ryan, Mayor Bruce Taylor, Clerk THE CORPORATION OF THE CITY OF PICKERING BY-LAW NO, Being a By-law to assume the roads and services within Plan 40M-1657 and the portions of Regal Crescent being those parts of Lot 27, Concession 2, Pickering, designated as Part 1, Plan 40R-12899 and Part 1, Plan 40R-13226 and Darwin Drive being those parts of Lot 27, Concession 2, Picketing, designated as Part 2, Plan 40R-12899 and Part 2, Plan 40R-13226, both dedicated as public highways by By-law 3581/90 for public use as public highways under the jurisdiction of The Corporation of the City of Plckering. WHEREAS the portion of Darwin Drive and Regal Crescent fronting the lands within Plan 40M-1657 were dedicated as public highway by By-law 3581/90; and WHEREAS above ground and underground services under the jurisdiction of The Corporation of the' City of Picketing within these dedicated portions of road have been completed to the City's satisfaction; and WHEREAS pursuant to the Municipal Act, S.O. 2001, c. 25, section 31, a municipality may by By-law assume highways for public use; NOW THEREFORE, the Council of The Corporation of the City of Pickering HEREBY ENACTS AS FOLLOWS: The above ground services under the jurisdiction of The Corporation of the City of Pickering that are required to be constructed or installed within Plan 40M-1657 and the portions of Regal Crescent being those parts of Lot 27, Concession 2, Pickering, being Part 1, Plan 40R-12899 and Part 1, Plan 40R-13226 and Darwin Drive being those parts of Lot 27, Concession 2, Pickering, being Part 2, Plan 40R-12899 and Part 2, Plan 40R~13226, both dedicated as public highways by By-law 3581/90, including the roads, curbs and .gutters, sidewalks, driveway aprons, boulevards, street signs, fencing and grading, are hereby accepted and assumed by the City of Pickering. The underground services under the jurisdiction of The Corporation of the City of Pickering that are required to be constructed or installed within Plan 40M-1657 and the portions of Regal Crescent being those part~ of Lot 27, Concession 2, Picketing, being Part 1, Plan 40R-12899 and Part 1, Plan 40R-13226 and Darwin Drive being those parts of Lot 27, Concession 2, Picketing, being Part 2, Plan 40R-12899 and Part 2, Plan' 40R-13226, both dedicated as public highways by By-law 3581/90, including the storm drainage system and related appurtenances, are hereby accepted and assumed for maintenance by the City of Picketing. The following highways are hereby assumed for public use as public highways under the'jurisdiction of The Corporation of the City of Pickering: Regal Crescent Darwin Drive BY-LAW read a first, second and third time and finally passed this day of February, 2004. David Ryan, lVlayor THE CORPORATION OF TH~ CITv OF PICKERIN¢ _BY-LAW NO. Being a By-law to amend By-law 1416/82 providing for the regulation and ticencing of places of amusement. WHEREAS pursuant to the Municipal Act, S.C. 2001, c. 25, section 150(1), the Council of The Corporation of the City of Pickering enacted By-law 1416/82 providing for the regulation and licencing of places of amusement; NOW THEREFORE, the Council of The Corporation of the City of Pickering HEREBY ENACTS AS FOLLOWS: ,,,Schedule A to By-law 1416/82, as amended, is hereby further amended by adding thereto the following: (a) Regal Crescent, being those parts of Lot 27, Concession 2, Pickering, designated as Part 1, Plan 40R-12899 and Part 1, Plan 40R~13226, and (b) Darwin Drive, being those parts of Lot 27, Concession 2, Picketing, designated as Part 2, Plan 40R-12899 and Part 2, Plan 40R-13226. BY-LAW read a first, second and third time and finally passed this :Jay of February, 2004. David Ryan, Mayor Bruce Taylor, Clerk THE CORPORATION OF THE CITY OF PICKBRINC BY-LAW NO. Being a By-taw to authorize the release and removal of .the Subdivision Agreement respecting Plan 40M-1657, Pickering, from title. WHEREAS pursuant to the Planning Act, R.S.O. 1990, c. 13, s. 50, or a predecessor thereof, The Corporation of the Town of Pickering and Cougs Investments Ltd. entered into a Subdivision Agreement dated April 2, 1991, Notice of which was registered as Instrument No. LT552704, respecting the development of Plan 40M-1657, Pickering; and WHEREAS the terms and conditions of the Subdivision Agreement have.been' complied with to the satisfaction of the City; NOW THEREFORE, the Council of.The Corporation of the City of Picketing HEREBY ENACTS AS FOLLOWS: The Mayor and Clerk hereby authorize the release and removal from title of the Subdivision Agreement dated April 2, 1991, Notice of which was registered as Instrument No. LT552704 between Cougs Investments Ltd. and The Corporation of the Town of Pickering, respecting the development of Plan 40M-1657, Pickering. BY-LAW read a first, second and third time and finally passed this day of February, 2004. David Ryan, Mayor Bruce Taylor, Clerk THE CORPORATION OF THE CITY OF PICKERINC;,. BY-LAW NO. Being a By-law to assume roads and services under the jurisdiction of The Corporation of the. City of Picketing in Plan 40M~1663, Pickering and to assume Arathom Court for public use as public highway. WHEREAS above ground and underground services under'the jurisdiction of The Corporation of the City of Pickering in Plan 40M-1663 have been completed to the City's satisfaction; and WHEREAS Arathorn Court is a highway shown on Plan 40M-1663 with the City of Picketing having jurisdiction over it; and WHEREAS pursuant to the Municipal Act, S.O. 2001, c. 25, section 30, a highway is owned by the municipality having jurisdiction over it; and WHEREAS pursuant to the Municipal Act, S.O. 2001, c. 25, section 31, a municipality may by By-law assume highways for public use; ' NOW THEREFORE, the Council of The Corporation of the City of Pickering HEREBY ENACTS AS FOLLOWS: The above ground services under the jurisdiction of The Corporation of the City of Pickering that are required to be constructed or installed in the development of Plan 40M-1663, Picketing, including the roads, curbs and gutters, sidewalks, driveway aprons, boulevards, street signs, fencing and grading, are hereby a'ccepted and assumed by the City of Pickering. The underground services under the jurisdiction of The Corporation of the City of Pickering that are required to be constructed or installed in the development of Plan 40M-1663, Pickering,. including the storm drainage system and related appurtenances, are hereby accepted and assumed for maintenance by the City of Pickering. The following highway is hereby assumed for public use as public highway under the jurisdiction of The Corporation of the City of Pickering: · Arathorn Court BY-LAW read a first, second and third time and finally passed this ' day of February, 2004. David Ryan, Mayor Bruce Taylor, Clerk 2:i¸ 22 THE CORPORATION OF THE CITY OF PICKERING BY-LAW NO, Being a By-law to amend By-taw 1416/82 providing for the regulation and licencing of places of amusement. WHEREAS pursuant to the Municipal Act, S.O. 2001, c. 25, section 150(1)', the Council of The Corporation of the City of Pickering enacted By-law 1416/82 providing for the regulation and licencing of places of amusement; NOW THEREFORE, the Council of The Corporation of the City of Picketing HEREBY ENACTS AS FOLLOWS: Schedule A to By-law 1416/82, as amended, is hereby further amended by adding thereto the following: Arathorn Court, Plan 40M-1663, City of Picketing, Regional Municipality of Durham. BY-LAW read a first, second and third time and finally passed this Jay of February, 2004. David Ryan, Mayor Bruce Taylor, Clerk THE CORPORATION OF THE CITY OF PICKERING BY-LAW NO. Being a By-law to authorize the release and removal of the Agreement respecting Plan 40M-1'663, Pickering, from title. WHEREAS pursuant to the Planning Act, R.S.O. 1990, c. 13, s. 50, or a predecessor thereof, The Corporation of the Town of Pickering and Bruce Donald Lamorie and Judith Louise Lamorie entered into an Agreement dated November 20, 1989, Notice of Which was registered as Instrument No. D328987, respecting the development of Plan 40M-'1663, Picketing; and WHEREAS the terms and conditions of the Agreement have been complied with to the satisfaction of the City; NOW THEREFORE, the Council of The Corporation of the City of Picketing HEREBY ENACTS AS FOLLOWS: The Mayor and Clerk hereby authorize the release and removal of the Agreement from title dated 'November 20, 1989, Notice of which was registered as Instrument No. D328987 between Bruce Donald Lamorie and Judith Louise Lamorie and The Corporation of the Town of Piokering, respecting the development of Plan 40M-1663, Pickering. BY-LAW read a first, second and thirdtime and finally passed this ~ day of February, 2004. David Ryan, Mayor Bruce Taylor, Clerk T, HE CORPORATION OF' THE CITY OF PICK'E~ING BY-LAW NO. Being a By~Iaw to assume roads and services under the jurisdiction of The Corporation of the City of Pickering in Plan 40M-1664, Pickering and to assume Strathmore Crescent and Wildwood Crescent for public use as public highways. WHEREAS above ground and underground services under the jurisdiction of The Corporation of the City of Pickering in Plan 40M-1664 have been completed to the City's satisfaction; and WHEREAS Strathmore Cresoent and Wildwood Crescent are highways shown on Plan 40M'1664 with the City of Pickering having jurisdiction over them; and WHEREAS pursuant to the Municipal Act, S.O. 2001, c. 25, section 30, a highway is owned by the municipality having jurisdiction over it; and ' WHEREAS pursuant to the Municipal Act, S.O. 2001, c. 25, section 31, a municipality may by By-law assume highways for public use; NOW THEREFORE, the Council of The Corporation of the City of Pickering HEREBy ENACTS AS FOLLOWS: The above ground services under the jurisdiction of The Corporation of the City of Pickering that are required to be constructed or installed in the development of Plan 40M-1664, Pickering, including the roads, curbs and gutters, sidewalks, driveway aprons, boulevards, street signs, fencing and grading, are hereby accepted and assumed by the City of Picketing. The underground services under the jurisdiction of The Corporation of the City of Pickering 'that are required to be constructed or installed in the development of Plan 40M~1664, Pickering, including the storm drainage system and related appurtenances, are hereby accepted and assumed for maintenance by the City of Pickering. The following highways are hereby assumed for public use as public highways under the jurisdiction of The Corporation of the City of Pickering: · Strathmore Crescent · Wildwood Crescent BY-LAW read a first, second and third time and finally passed this day of February, 2004. David Ryan, Mayor Bruce Taylor, Clerk T.HE CORPORATION OF THE CiTY OF PICKERINC BY-LAW NO, Being. a By-law to amend By-law 1416/82 providing for the regulation and licenoing of places of amusement. WHEREAS pursuant to the Municipal Act, S.C. 2001, c. 25, section 150(1), the Council of The Corporation of the City of Picketing-enacted By-law 1416/82 providing for the regulation and licencing of places of amusement; NOW THEREFORE, the Council of The Corporation of the City of Pickering HEREBY ENACTS AS FOLLOWS: Schedule A to By-law 1416/82, as amended, is hereby further amended by adding tfibreto the following:. Strathmore Crescent and Wildwood Crescent, Plan 40M-1664, City of Pickering, Regional Municipality of Durham. BY-LAW read a first, second and third time and finally passed this day of February, 2004.' David Ryan, Mayor Bruce Taylor, Clerk THE CQRPORATION OF THE CITY OF PICKERING BY-LAW NO. Being a By-law to dedicate Blocks 103 and 104, Plan 40M-1664, Pickering as public highways. WHEREAS The Corporation of the City of Pickering is the owner of Blocks 103 and 104, Plan 40M-1664, Pickering and wishes to dedicate them as public highways; NOW THEREFORE, the Council of The Corporation of .the City of Picketing HEREBY ENACTS AS FOLLQWS: Block 103, Plan 40M-1664, Pickering is hereby dedicated as public highway (Wildwood Crescent). Block 104, Plan 40M-1664, Pickering is hereby dedicated as public highway (Wildwood Crescent). BY-LAW read a first, second and third time and finally passed this day of February, 2004. David Ryan, Mayor Bruce Taylor, Clerk ..THE CORPORATION OF THE CITY OF PICKERING BY-LAW NO. Being a BY-law to authorize the release and removal of the Subdivision Agreement respecting Plan 40M-1664, Pickering, from title. WHEREAS pursuant to the Planning Act, R.S.O. 1990, c. 13, s. 50, or a predecessor'thereof, The Corporation of the Town of Pickering and Cougs Investments (Pickering) Ltd. entered into a Subdivision Agreement dated May 6, 1991, Notice of which was registered as Instrument No. LT565561 and which Agreement was amended on March 10, 1994, Notice of which was registered as Instrument No. LT679380 respecting the development of Plan 40M-I664, Pickering; and ' WHEREAS the terms and conditions of the Subdivision Agreement and the amendment thereto have been complied with to the satisfaction of the City; NOW THEREFORE, the Council of The Corporation of the City of Picketing HEREBY ENACTS AS FOLLOWS: The Mayor and Clerk hereby authorize the release and removal from title of: (a) the Subdivision Agreement dated May 6, 1991, Notice of which was registered as Instrument No. LT565561; and (b) the amending Subdivision Agreement dated March 10, 1994, ~NotiCe of which was registered as Instrument No. LT679380, between Cougs investments (Pickering) Ltd. and The'Corporation of the Town of Piokering, respecting the development of Plan 40M-1664, Pickering. BY-LAW read a first, second and third time and finally passed this day of February, 2004. David Ryan, Mayor Bruce Taylor, Clerk RECOMMENDATION OF THE EXECUTIVE COMMITTEE DATE MOVED BY SECONDED BY That By-laws be enacted to: assume roads and services within Plans 40M-1753 and 40M-1757; amend By-law 1416/82 (Places of Amusement) to include the roads within Plans 40M-1753 and 40M-1757; and authorize the release and removal of the Subdivision Agreements from title relating to Plans 40M-1705, 40M-1753, 40M-1757 and 40M-1777. REPORT TO EXECUTIVE COMMITTEE Report Number: PD 04-04 Date: January 13, 2004 From: Nell Carroll Director, Planning & Development Subject: Cyrno Holdings inc. Lots 1 to 8, Plan 40M-1705 Lisgoold Developments Inc. Lots 1 to 66, Blocks 67 to 70, Plan 40M-1753 Cougs Investments (Pickering) Ltd. Lots 4 to 18, Blocks 1, 2, 3 and 19, 20, 21,22 and 23, Plan 40M-1757 Kaitlin Homes Ltd. Blocks 1 to 10, Plan 40M-1777 Final Assumption of Plans of Subdivision Recommendation: By-laws should be enacted to: assume roads and services within Plans 40M-1753 and 40M-1757; amend By-law 1416/82 (Places of Amusement) to include the roads within Plans 40M-1753 and 40M-1757; and authorize the release and removal of the Subdivision Agreements from title relating to Plans 40M-1705, 40M-1753, 40M-1757 and 40M-1777. Executive Summary: The City entered into Subdivision Agreements with the above-noted developers for the development of Plans 40M-1705, 40M-1753, 40M-1757 and 40M-1777. As the developers have now completed all works and services within these Plans to the satisfaction of City staff, it is now appropriate to assume the M-Plans under the jurisdiction of the City and release the developers from the provisions of the respective Subdivision Agreements. Financial Implications: There are no new financial implications to the City as a result of this recommendation. Report PD 04-04 Subject: Final Assumption of Plans of Subdivision 40M-1705, 40M-1753, 40M-1757 and 40M-1777 Date: January 13, 2004 Page 2 Background: The City entered into Subdivision Agreements with the above-noted developers for the development of Plans 40M-1705, 40M-1753, 40M-1757 and 40M-1777. As the developers have now completed all works and services within these Plans to the satisfaction of City staff, it is now appropriate to assume the M-Plans under the jurisdiction of the City and release the developers from the provisions of the respective Subdivision Agreements. The assumption of Plans 40M-1705, 40M-1753, 40M-1757 and 40M-1777 and the release of the Subdivision Agreements must be acknowledged by the enactment of various By-laws assuming the roads and services within the Plans, amending By-law 1416/82 relating to Places of Amusement and authorizing the release and removal of the Subdivision Agreements from title. It should be noted that the roads fronting the lots and blocks within Plans 40M-1705 and 40M-1777 lie within adjacent Plans of Subdivision. Accordingly, those roads will be assumed by the assumption of those Plans. For the purposes of this Report, By-laws have only been prepared to authorize the release and removal of the Subdivision Agreements from title respecting Plans 40M-1705 and 40M-1777. Accordingly, it is recommended that the following By-laws be enacted to: assume roads and services within Plans 40M-1753 and 40M-1757; amend By-law 1416/82 (Places of Amusement)to include the roads within Plans 40M-1753 and 40M-1757; and authorize the release and removal of the Subdivision Agreements from title relating to Plans 40M-1705, 40M-1753, 40M-1757 and 40M-1777. Attachments: 2. 3. 4. 5. Location Map - Plan 40M-1705 Location Map - Plan 40M-1753 Location Map - Plan 40M-1757 Location Map - Plan 40M-1777 By-law to authorize the release and removal of the Subdivision Agreement from title relating to Plan 40M-1705 By-law to assume roads and services within Plan 40M-1753 By-law to amend By-law 1416/82 (Places of Amusement) to include the roads within Plan 40M-1753 By-law to authorize the release and removal of the Subdivision Agreement from title relating to Plan 40M-1753 By-law to assume roads and services within Plan 40M-1757 By-law to amend By-law 1416/82 (Places of Amusement) to include the roads within Plan 40M-1757 Report PD 04-04 Subject: Final Assumption of Plans of Subdivision 40M-1705, 40M-1753, 40M-1757 and 40M-1777 Date: January 13, 2004 Page 3 !!. 12. By-law to authorize the release and removal of the Subdivision Agreement from title relating to Plan 40M-1757 By-law to authorize the release and removal of the Subdivision Agreement from title relating to Plan 40M-1777 Prepared By: Denise Bye, Coordinator Property & Development Services Approved / Endorsed By: Neil~Carrol~~pp Director, Planning & Development DB:bg Attachments Copy: Chief Administrative Officer Recommended for the consideration of Pickering City Council Recommendation approved: -"~~ Chief Administrative Officer Director, Operations & Emergency Services Director, Planning & Development Director, Corporate Services & Treasurer City Clerk 'TH ,t R D CONCESSION ROAD, TE ~ ~ ~ ~ ~ ~ JO ~ / ;REENMOUNT ~ ~ ~ A ~A ~ / ~ ~ / ~ City of Pickering Planning & Development PROPER~ DESCRIPTION P~N 40M-1705 OWNER VARIOUS DATE NOV. 28, 2003 DRAWN BY dB FILE No. SUBDIVISION COMPLETION AND ASSUMPTIO~ SCALE 1:5000 CHECKED BY FOR DEPARTMENT USE ONLY PN-13 PA- THIRD CONCESSION ROAD "3 3 SUBJECT HARROW- --__~ BAGGINS ,ERV City of Pickering DATE DEC. 23, 2003 DRAWN BY JB Planning & Development Department PROPERTY DESCRIPTION PLAN 40M-1753 OWNER VARIOUS FILE No. SUBDIVISION COMPLETION AND ASSUMPTION FOR DEPARTMENT USE ONLY PN-13 iSCALE 1:5000 CHECKED BY DB PA- TOYN EVALE ROAD 0 City of Pickoring Planning & Dovolopmont Dopartmont PROPERTY DESCRIPTION PLAN 40M-1757 OWNER VARIOUS DATE DEC. 12, 2003 DRAWN BY JB N FILE No. SUBDIVISION COMPLETION AND ASSUMPTION SCALE 1:5000 CHECKED BY DE~ FOR DEPARTMENT USE ONLY PN-1 PA- ~HURST ~// ~ ~'~ "' LL~~ ~ :~~~ -y~ y ~ . ,. I WESTCREEK ~~ ~ City of Pickering Planning & Development Depa~ment PROPER~ DESCRIPTION P~N 40M-1777 OWNER VARIOUS DATE NOV. 28, 2003 DRAWN BY JB FILE No. SUBDIVISION COMPLETION AND ASSUMPTION.~ SCALE 1:5000 i CHECKED BY DB ! FOR DEPARTMENT USE ONLY PN-5 36 THE CORPORATION OF THE CITY OF PICKERING BY-LAW NO. Being a By-law to authorize the release and removal of the Subdivision Agreement respecting Plan 40M-1705, Pickering, from title. WHEREAS pursuant to the Planning Act, R.S.O. 1990, c. 13, s. 50, or a predecessor thereof, The Corporation of the City of Pickering and Cymo Holdings Inc. entered into a Subdivision Agreement dated May 4, 1992, Notice of which was registered as Instrument No. LT617688, respecting the development of Plan 40M-1705, Picketing; and WHEREAS the terms and conditions of the Subdivision Agreement have been complied with to the satisfaction of the City; NOW THEREFORE, the Council of The Corporation of the City of Pickering HEREBY ENACTS AS FOLLOWS: The Mayor and Clerk hereby authorize the release and removal of the Subdivision Agreement from title dated May 4, 1992, Notice of which was registered as Instrument No. LT617688 between Cymo Holdings Inc. and The Corporation of the City of Pickering, respecting the development of Plan 40M-1705, Pickering. BY-LAW read a first, second and third time and finally passed this · ' day of February, 2004. David Ryan, Mayor' Bruce Taylor, Clerk THE CORPORATION OF THE CITY OF PICKERING BY-LAW NO. Being a By-law to assume roads and services under the jurisdiction of The Corporation of the City of Pickering in Plan 40M-1753 and to assume Crossing Court, Major Oaks Road and Meriadoc Drive for public use as public highways. WHEREAS above ground and underground services under the jurisdiction of The Corporation of the City of Pickering in Plan 40M-1753 have been completed to the City's satisfaction; and WHEREAS Crossing Court, Major Oaks Road and Meriadoc Drive, are highways shown on Plan 40M-1753 with the City of Picketing having jurisdiction over them; and WHEREAS pursuant to the Municipal Act, S.C. 2001, c. 25, section 30, a highway is owned by the municipality having jurisdiction over it; and WHEREAS pursuant to the Municipal Act, S.C. 2001, c. 25, section 31, a municipality may by By-law assume highways for public use; NOW THEREFORE, the Council of The Corporation of the City of Pickering HEREBY ENACTS AS FOLLOWS: The above ground services under the jurisdiction of The Corporation of the City of Pickering that are required to be constructed or installed in the development of Plan 40M-1753, Pickering, including the roads, curbs and gutters, sidewalks, driveway aprons, boulevards, street signs, fencing and grading, are hereby accepted and assumed by the City of Pickering. The underground services under the jurisdiction of The Corporation of the City of Pickering that are required to be constructed or installed in the development of Plan 40M-1753, Pickering, including the storm drainage system and related appurtenances, are hereby accepted and assumed for maintenance by the City of Pickering. The following highways are hereby assumed for public use as public highways under the jurisdiction of The Corporation of the City of Picketing: · Crossing Court · Major Oaks Road · Medadoc Drive BY-LAW read a first, second and third time and finally passed this day of February, 2004. David Ryan, Mayor Bruce Taylor, Clerk THE CORPORATION OF THE CITY OF PICKERING BY-LAW NO. Being a By-law to amend By-law 1416/82 providing for the regulation and licencing of places of amusement. WHEREAS pursuant to the Municipal Act, S.O. 2001, c. 25, section 150(1), the Council of The Corporation of the City of Pickering enacted By-law 1416/82 providing for the regulation and licencing of places of amusement; NOW THEREFORE, the Council of The Corporation of the City of Pickering HEREBY ENACTS AS FOLLOWS: Schedule A to By-law 1416/82, as amended, is hereby further amended by adding thereto the following: Crossing Court, Major Oaks Road and Meriadoc Drive, Plan 40M-1753, City of Pickering, Regional Municipality of Durham. BY-LAW read a first, second and third time and finally passed this day of February, 2004. David Ryan, Mayor Bruce Taylor, Clerk THE CORPORATION OF THE CITY OF PICKERING BY-LAW NO. Being a By-law to authorize the release and removal of the Subdivision Agreement respecting Plan 40M-1753, Pickering, from title. WHEREAS pursuant to the Planning Act, R.S.O. 1990, c. 13, s. 50, or a predecessor thereof, The Corporation of the City of Pickering and Lisgoold Developments Inc. entered into a Subdivision Agreement dated June 28, 1993, Notice of which was registered as Instrument No. LT676299, respecting the development of Plan 40M-1753, Pickering; and WHEREAS the terms and conditions of the Subdivision Agreement have been complied with to the satisfaction of the City; NOW THEREFORE, the Council of The Corporation of the City of Pickering HEREBY ENACTS AS FOLLOWS: The Mayor and Clerk hereby authorize the release and removal from title of the Subdivision Agreement dated June 28, 1993, Notice of which was registered as Instrument No. LT676299 between Lisgoold Developments Inc. and The Corporation of the City of Pickering, respecting the development of Plan 40M-1753, Pickering. BY-LAW read a first, second and third time and finally passed this day of February, 2004. David Ryan, Mayor Bruce Taylor, Clerk THE CORPORATION OF THE CITY OF PICKERING BY-LAW NO. Being a By-law to assume roads and services under the jurisdiction of The Corporation of the City of Pickering in Plan 40M-1757, Pickering and to assume Lytton Court for public use as public highway. WHEREAS above ground and underground services under the jurisdiction of The Corporation of the City of Pickering in Plan 40M-1757 have been completed to the City's satisfaction; and WHEREAS Lytton Court is a highway shown on Plan 40M-1757 with the City of Pickering having jurisdiction over it; and WHEREAS pursuant to the Municipal Act, S.C. 2001, c. 25, section 30, a highway is owned by the municipality having jurisdiction over it; and WHEREAS pursuant to the Municipal Act, S.C. 2001, c. 25, section 31, a municipality may by By-law assume highways for public use; NOW THEREFORE, the Council of The Corporation of the City of Pickering HEREBY ENACTS AS FOLLOWS: The above ground services under the jurisdiction of The Corporation of the City of Pickering that are required to be constructed or installed in the development of Plan 40M-1757, Pickering including the roads, curbs and gutters, sidewalks, driveway aprons, boulevards, street signs, fencing and grading, are hereby accepted and assumed by the City of Pickering. The underground services under the jurisdiction of The Corporation of the City of Pickering that are required to be constructed or installed in the development of Plan 40M-1757, Pickering including the storm drainage system and related appurtenances, are hereby accepted and assumed for maintenance by the City of Pickering. The following highway is hereby assumed for public use as public highway under the jurisdiction of The Corporation of the City of Pickering: · Lytton Court BY-LAW read a first, second and third time and finally passed this day of February, 2004. David Ryan, Mayor Bruce Taylor, Clerk THE CORPORATION OF THE CITY OF PICKERING BY-LAW NO. Being a By-law to amend By-law 1416/82 providing for the regulation and licencing of places of amusement. WHEREAS pursuant to the Municipal Act, S.O. 2001, c. 25, section 150(1), the Council of The Corporation of the City of Pickering enacted By-law 1416/82 providing for the regulation and licencing of places of amusement; NOW THEREFORE, the Council of The Corporation of the City of Pickering HEREBY ENACTS AS FOLLOWS: Schedule A to By-law 1416/82, as amended, is hereby further amended by adding thereto the following: Lytton Court, Plan 40M-1757, City of Pickering, Regional Municipality of Durham. BY-LAW read a first, second and third time and finally passed this ' ' day of February, 2004. David Ryan, Mayor Bruce Taylor, Clerk THE CORPORATION OF THE CITY OF PICKERING BY-LAW NO. Being a By-law to authorize the release and removal of the Subdivision Agreement respecting Plan 40M-1757, Pickering, from title. WHEREAS pursuant to the Planning Act, R.S.O. 1990, c. 13, s. 50, or a predecessor thereof, The Corporation of the City of Pickering and Cougs Investments (Pickering) Ltd. entered into a Subdivision Agreement dated December 6, 1993, Notice of which was registered as Instrument No. LT677783, respecting the development of Plan 40M-1757, Pickering; and WHEREAS the terms and conditions of the Subdivision Agreement have been complied with to the satisfaction of the City; NOW THEREFORE, the Council of The Corporation of the City of Pickering HEREBY ENACTS AS FOLLOWS: The Mayor and Clerk hereby authorize the release and removal of the Subdivision Agreement from title dated December 6, 1993, Notice of which was registered as Instrument No. LT677783 between Cougs Investments (Pickering) Ltd. and The Corporation of the City of Pickering, respecting the development of Plan 40M-1757, Pickering. BY-LAW read a first, second and third time and finally passed this · day of February, 2004. David Ryan, Mayor Bruce Taylor, Clerk THE CORPORATION OF THE CITY OF PICKERING BY-LAW NO. Being a By-law to authorize the release and removal of the Subdivision Agreement respecting Plan 40M-1777, Pickering, from title. WHEREAS pursuant to the Planning Act, R.S.O. 1990, c. 13, s. 50, or a predecessor thereof, The Corporation of the City of Pickering and Kaitlin Homes Ltd. entered into a Subdivision Agreement dated June 27, 1994, Notice of which was registered as Instrument No. LT692229, respecting the development of Plan 40M-1777, Picketing; and WHEREAS the terms and conditions of the Subdivision Agreement have been complied with to the satisfaction of the City; NOW THEREFORE, the Council of The Corporation of the City of Pickering HEREBY ENACTS AS FOLLOWS: The Mayor and Clerk hereby authorize the release and removal of the Subdivision Agreement from title dated June 27, 1994, Notice of which was registered as Instrument No. LT692229, between Kaitlin Homes Ltd. and The Corporation of the City of Pickering, respecting the development of Plan 40M~1777, Pickering. BY-LAW read a first, second and third time and finally passed this ! day of February, 2004. David Ryan, Mayor Bruce Taylor, Clerk RECOMMENDATION OF THE EXECUTIVE COMMITTEE DATE MOVED BY SECONDED BY That Report OES 37-03 regarding leaf and yard waste collection - elimination of clear plastic bags be received; and That Council adopt the elimination of plastic bags from leaf and yard waste collection commencing April 1, 2004 in conjunction with an advertising and promotion campaign to Pickering residents; and That a by-law to amend the City's Waste Management By-law #5422/98 to give effect to the change be forwarded to Council. PICKERING REPORT TO FINANCE & OPERTIONS COMMITTEE Report Number: OES 37-03 Date: November 10, 2003 Richard W. Holborn, P. Eng. Division Head, Municipal Property & Engineering Subject: Leaf & Yard Waste Collection Elimination of Clear Plastic Bags Amendment to By-law #5422/98 Recommendation: 1. That Report OES 37-03 regarding leaf and yard waste collection - elimination of clear plastic bags be received; and That Council adopt the elimination of plastic bags from leaf and yard waste collection commencing April 1, 2004 in conjunction with an advertising and promotion campaign to Pickering residents; and 3. That a by-law to amend the City's Waste Management By-law # 5422/98 to give effect to the change be forwarded to Council. Executive Summary:. The Council of the Region of Durham has requested the City of Pickering not to deliver any Christmas trees, leaf and yard waste or grass clippings in plastic bags to the Region for processing into compost and not to deliver these materials to the Region as garbage waste for landfill disposal. The City's Waste Management By-law already mandates the separation of recyclable materials, leaf and yard waste from the garbage stream due to restrictions at landfill sites, however, the elimination of plastic bags from leaf and yard waste collection will be difficult to implement mainly due to cost of kraft paper bags that most residents will revert to. Residents will have to embrace the long-term benefits of removing plastic bags from the compost process through lower processing (disposal costs) and production of better compost material for end users. An amendment to the City's Waste Management By-law # 5422/98 is required to eliminate plastic bags from leaf and yard waste collections and to make it enforceable. Due to the timing of the request, there is insufficient time to implement the change any sooner than the spring 2004 yard waste collections. The City's Christmas tree collection program in January 2004 will not be affected, as tree bags are presently not accepted. Report OES 37-03 Date: November 10, 2003 Subject: Leaf & Yard Waste Collection Elimination of Clear Plastic Bags Amendment to By-law #5422/98 Page 2 Financial Implications: The elimination of plastic bags from leaf and yard waste collections will not impact costs related to the collection program itself, residents that set out leaf and yard waste in plastic bags will have to convert to more costly kraft paper bags or purchase additional open rigid top containers. Elimination of plastic reduces compost-processing costs, which translates to lower disposal costs at the Regional level. Background: It has been policy for the City of Pickering to accept residential Leaf · and Yard Waste in clear plastic bags, kraft paper bags, bushel baskets or open rigid top containers. The City's Christmas tree collection program bans tree bags, and the City discontinued grass-clipping collection in 1996. The City's Waste Management By-law # 5422/98 makes the separation of yard waste and recyclables from garbage mandatory. Leaf and Yard Waste materials collected by area municipalities are delivered to a composting site for processing. Continuing to accept clear plastic bags in the Leaf and Yard Waste Stream is a practice that is no longer viewed as environmentally conscientious or financially sustainable. As a result, many municipalities are moving toward a ban on plastics within the Leaf and Yard Waste stream. Plastic bags do not decompose and must be screened out (de-bagged) during the processing phase. Furthermore, the plastic bags pose a substantial litter predicament at the composting site. The cost for the processing of Leaf and Yard Waste in plastic bags is significantly higher when compared to the processing of Leaf and Yard Waste collected in kraft paper bags. While the use of clear plastic bags has been adequate from a collection standpoint, it is considered a contaminant by the horticultural market; which in turn makes the finished compost difficult to market and consequently reduces its commercial value, resulting in higher costs to the taxpayer and consumer. The use of kraft paper bags for Leaf and Yard Waste provides a significant cost savings during the processing phase when compared to plastic bags. The bags and their contents are shredded to reduce the bag into particles that decompose with the Leaf and Yard Waste, which in turn, negates the requirement for screening out the miscellany of plastic bags. A large number of municipalit, ies in Ontario have implemented policies for the collection of Leaf and Yard Waste, which restricts packaging to kraft paper bags or open rigid top containers. The introduction of kraft paper bags within these municipalities such as the Town of Whitby has demonstrated to residents a practical collection container with no significant problems experienced in the collection process or with resident acceptance. Report OES 37-03 Subject: Leaf & Yard Waste Collection Elimination of Clear Plastic Bags Amendment to By-law #5422/98 Date: November 10, 2003 Page 3 In the Spring of 2003, the Region of Durham introduced their Integrated Waste Management Program in the Municipality of Clarington and the Townships of Uxbridge, Brock and Scugog. Residents in these municipalities have accepted the program with little difficulties in the new ways of preparing, separating and placing out their waste materials. Kraft paper bags or open rigid top containers are mandatory for their Leaf and Yard Waste. Plastic bags have been banned for all compostable materials placed out for collection in these municipalities. On October 7, 2003, Pickering Council passed Resolution #144/03, endorsing in principal, the implementation of the Region of Durham's Integrated Waste Management System. The banning of plastic is consistent with Durham Region's initiative to eliminate plastics from the composting stream. As we approach the introduction of the Region of Durham's Integrated Waste Management System, the banning of plastics is viewed as a proactive step toward the Integrated System, which is clearly designed around "Organics". On October 8, 2003, the Region of Durham Works Committee considered Report 2003- WR-7 and recommended the following to Council: "That the Cities of Oshawa and Pickering and the Town of Ajax be requested to: Not deliver any Christmas trees, leaf and yard waste, or grass clippings in plastic bags to the Region for processing into compost, because plastic bags are not compostable and they create unnecessary litter in our community; and Further Not to deliver any Christmas trees, leaf and yard waste, hedges or grass clippings to the Region as garbage waste for landfill disposal, because these materials are prohibited in the State of Michigan's landfill sites." The recommendations stated above were adopted by Regional Council at a meeting held on October 22, 2003. The expectation is that the area municipalities abide by the request as soon as possible but practically speaking commencing with Christmas tree collections in January 2004 and with the spring 2004 yard waste collection. This would give City staff sufficient time to advertise and promote the change, and sufficient time for residents to prepare for the change. The City of Pickering has been promoting the use of kraft paper bags for yard waste for several years. In 2002, a campaign was launched whereby each residence was supplied with two (2) kraft paper bags as a promotional initiative. Staff have observed that some residents in the City of Pickering have switched voiuntarily to kraft paper bags for leaf and yard Waste collection. Report OES 37-03 Subject: Leaf & Yard Waste Collection Elimination of Clear Plastic Bags Amendment to By-law #5422/98 Date: November 10, 2003 Page 4 Attachments: Report 2003-WR-7 Letter dated October 22, 2003 from Regional Clerk By-law Prepared By: -~G~nt Mahon''''''''~ ' Clerk, Technical Support Services Approved / ed By: Everet Director Operations & Emergency Services Ri,~a~:d W. ~olborn, P. Eng [~vision He,id ~unicipal Property & Engineering RH:ds Attachments I:\COUNCIL\OES37-03l.docNov-03 Copy: Chief Administrative Officer Recommended for the consideration of Pickering City Council T~s J. ~inn,~hief Ad~i'~~e ~fficer To: The Works Committee From: Commissioner of Works Report: 2003-WR-7 Date: October 8, 2003 SUBJECT: The Use of Plastic Bags and the Disposal of Leaf and Yard Wastes and Christmas Trees RECOMMENDATIONS: THAT the Works Committee recommends to Regional Council that: The Cities of Oshawa and.piCkering and the Town of Ajax be requested: - Not to deliver any Christmas trees, leaf and yard waSte, or grass clippings in plastic bags to the Region for processing into compost, because plastic bags are not compostable and they.create Unnecessary litter in our community; and - Not to deliver any Christmas trees, leaf and yard waste, hedges, or grass · clippings to the Region as a garbage waste for landfill disposal, because these materials are prohibited in the State of Michigan's landfill sites. REPORT: 1, BACKGROUND In December 1999,. Regional Council adopted the "Region of Durham Long Term Waste Management Strategy Plan: 2000 'to 2020': One of the main goals of the Waste Plan is to "to divert at least 50% of the residential waste from disposal"by the Year 2007 or earlier." In the spring of 2003, the Region introduced the new integrated waste management system in the Municipality of Clarington and the Townships of Brock, Scugog and Uxbridge. The residents in these communities have adapted extremely well to a new way of preparing, separating and putting out their residential waste materials. They use kraft paper yard waste bags or rigid open top containers for their leaf and yard waste to be comp'osted. Grass clippings are simpiy left on the lawn. They do not use plastic bags for compostable materials, as ptastic bags are not compostab~e and they create unnecessa~/ iitter, in addition, the collection contractors do not pick up any yard waste as a garbage waste for iandfill disposal, Dased on e×perience at the Region's compost yard on Garrard Road i,.-~ WhitDy, plastic bags are not compostable and they create unnecessa,~/litter in our community. Residents living near the compost site have been complaining about litter from these plastic bags on their properties and were very surprised that some area municipalities within the Region were still collecting leaf and yard wastes and Christmas trees in this manner. Existing Levels of Curbside ColleCtion Service Where Plastic Bags are Permitted _ Municipality Christmas Leaf and . Grass Garbage Trees Yard Wastes ~ Clippings Waste =ickering No Yes' No Yes Ajax No Yes Yes Yes Whitby No No No Yes Oshawa Yes Yes Yes Yes Clarington No No No Yes Scugog No No No Yes Uxbridge No No No Yes Brock No No No Yes It is time to make a change in the way these materials are received by the Region for outdoor'windrow composting. Staff propose that effectiVe January 2004, all Christmas trees, leaf & yard waste, and grass dippings.delivered to the Region for processing into compost, not be in plastic bags, because plastic bags are not compostable and they create unnecessary litter. This recommendation will have an impact on the area' municipalities noted above that still collect compostables in plastic bags. Subject to the approval of the recommendations of this reportl these 'municipalities will have several months to prepare for their Christmas tree collection in early January 2004 as well as a few additional months pdor to spring clean up collection in April 2004. Of a more urgent nature, these area municipalities are currently developing their 2004 waste calendars and it is desirable that these revisions be included so as to minimize any confusion next year. The Region will continue to actively assist in educating residents about the benefits of not using plastic bags for their compostable materials. PROHIBITIONS IN THE STATE OF M~CHIGAN The Department of Environmental Quality in the State of Michigan recently released the results of their' intensive inspection program to evaluate tandfilt disposal practices in 1\4ichigan. Weekty inspectior~s were undertaken from mid Msrch to mid June and approximately 5,000 loads of waste were inspected. Their finding's included the foliowing: A Iarge number of waste loads durin9 the summer months contained some amounts of yard wastes, despite Michigan's prohibition on the disposal of such waste in their tandfill sites - Yard waste was found in a much greater percentage of Ontario waste loads than in Michigan loads or loads from other States Unfortunately, the results do not specifically identify where in the Province of Ontario these loads of excessive yard waste materials originated. The other municipalities in the Greater Toronto Area already provide separate yard waste collections to their residents during the seasonal growing season. However, in Order to comply with the State of Michigan's landfill regulations, it 'is proposed that those area municipalities currently responsible for waste collection not deliver any Christmas trees, leaf and yard waste, hedges., or grass clippings to'the Region as a garbage waste for landfill disposal, because these materials are prohibited in Michigan's landfill sites. All the' garbage waste from the Cities ef Pickering and Oshawa as well as the Towns of Ajax and Whitby is disposed of by Regional Contractors in a landfill site in. the State of Michigan. 3. CONCLUSION The Region of Durham needs to be aggressive and progressively move forward on its waste reduction programs. This report outlines environmentally beneficial programs that seek to improve the quality of Region's compost, reduce the amount of litter in our community and minimize the amount of yard waste materials being disposed of in landfill sites. It is proposed these changes take effect in January 2004. Clifford/(~L~tis, P.Eng., MBA Comm~oner of Works Recommended for Presentation to Committee: G.H. "":¼itt MSW, Chief Ad ministrative Officer W[~l/cb '" i ').:' "::!~ ?~"~ THIS L=.-TT~R ~A@.~'-=,EN'FORWARD:-D TO 5 2 ..2 ~.,,. _ _ ~.-- .... ,~,~.orn'-o.: o~^ Ootob~r 22, 2003 -'Mr; ~k: ' Ci~ 0f. picketing ." 1 The EsPl~nade . ' .... Pickering.:' ON... L1V 6K7 -THE 0SE OF P~STIC'BAGS'AND THE .... ' "WASTES AND 'CHRISTMAS TREES CR ~2003-WR'7 :OUR'FILE: ~.~k~'~,~;d~,h~.o".~Mr] TaYl0~, 1he Wor~s. c.°mmi~ee'0f'Regi°nal C~unci'l;c°nsidered the"ab°va ' maker and al a meeting .held on OctOber 22; 20'03~· Council' aQopted the - .... . ~.~¢o,.d~,~.~.~ ..f~4~ dot ons ef'.~he commi~ee~ . ..'. '" .f '~~. deliver anY.Christmas'trees, ieaf'and ya~d.'Wasta,.°rgrass . · "~~g's in~.plas~c bag's tO the. Region for prOCessing into'compost, because Plasticbags are not cOmpOstable and they.create] ... " Unnecessa~ litter' in :our community; and' -' ' " .Notto'deliVar.anyChristmas t~ees, leaf and yard Waste/.hedges, or gra~s clippings to.the Region.as a garb'age waste:fOr landfill disposal,-becaUs~ these materials are-prohibiled in the'State :of Michigan'S. landfill.sites.". -- The Regional ~Unicipality -of Durham 'C erk's D~partment PO ~.ox.~3'..'. .WHITBY .ON EI'N 6A3 : OANADA~ 905.,.668~771.1'. -1'-800-372-1102' . Fax:. 905-668-9963' 'Emait: P.M. Madil!, A.M,O.T., G.Mlvi I Regional Glad( PMM/!s THE CORPORATION OF THE CITY OF PICKERING BY-LAW NO. Being a by-law to amend By-law 5422/98 for the collection and removal of garbage, recyclable materials, yard waste and other refuse. WHEREAS, pursuant to Sections 208.6 (1) and (2) the Municipal Act, R.S.O. 1990, chapter M.45, as amended a local municipality may pass by-laws to prohibit or regulate the use of any part of a waste management system; NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE CITY OF PICKERING HEREBY ENACTS AS FOLLOWS: Section 1 to By-law Number 5422198 is hereby amended by deleting therefrom the following item: (I) (iii) Only clear, transparent, heavy-duty plastic bags, returnable bushel baskets or open top reusable receptacles shall be used for yard waste Section 1 to By-law Number 5422/98 is hereby amended by adding thereto the following item: (I) (iii) Only clear transparent, heavy-duty plastic bags, returnable bushel baskets or open top reusable receptacles shall be used for yard waste until March 31, 2004. Only multi-layer kraft type paper bags, sufficiently durable to withstand lifting without breaking open not greater than 90 centimetres in height by 70 centimetres in width, returnable bushel baskets or open top reusable receptacles shall be used for yard waste commencing April 1, 2004 BY-LAW read a first, second and third time and finally passed this 2nd day of February 2004. Dave Ryan, Mayor B~uce Taylor, RECOMMENDATION OF THE EXECUTIVE COMMITTEE DATE MOVED BY SECONDED BY That Report OES 38-03 for the renewal of a Management Agreement with the Canadian Progress Club - Durham South for a facility owned by the City of Pickering known as Front Street Centre located at Water Lots 1, 2 and Part of Water Lot 3, Plan 65 (Progress Frenchman's Bay East Park) be received; and That Council pass a by-law authorizing the execution of a Management Agreement with the Canadian Progress Club - Durham South for a three-year term commencing January 1,2004 and ending on December 31, 2006; and That in mutual consideration the sum of Twenty-Five ($25.00) Dollars be paid by the Canadian Progress Club for administration fees; and 4. That the Mayor and Clerk be authorized to execute the Management Agreement. PICKE RING REPORT TO FINANCE & OPERATIONS COMMITTEE Report Number: OES 38-03 Date: October 29, 2003 From: Richard W. Holborn, P. Eng. Division Head Municipal Property & Engineering Subject: The Canadian Progress Club - Durham South Management Agreement - Front Street Centre Recommendation: That Report OES 38-03 for the renewal of a Management Agreement with the Canadian Progress Club - Durham South for a facility owned by the City of Pickering known as Front Street Centre located at Water Lots 1, 2 and Part of Water Lot 3, Plan 65 (Progress Frenchman's Bay East Park) be received; and That Council pass a by-law authorizing the execution of a Management Agreement with the Canadian Progress Club - Durham South for a three-year term commencing January 1, 2004 and ending on December 31, 2006; and 3. That in mutual consideration the sum of Twenty-Five ($25.00) Dollars be paid by the Canadian Progress Club for administration fees; and 4. That the Mayor and Clerk be authorized to execute the Management Agreement. Executive Summary: Not Applicable Financial Implications: The initial term of the Management Agreement is a three- year term with a lease rate of $25.00 subject to the terms and conditions set out in Schedule "A". Background: Under the Municipal Act, 2001, chapter 25, section 110, the Canadian Progress Club - Durham South has provided management services since April 1999 to the City of Pickering. The Club agrees to use and ensure that the use of the premises is in accordance with City policies as per the attached Management Agreement, Schedule "A". Report OES 38-03 Subject: The Canadian Progress Club - Durham South Management Agreement Date: October 29, 2003 Page 2 The Canadian Progress Club - Durham South will provide the City of Picketing quarterly yearly financial statements setting out details of the funds received from the rental of the premises. The Club will retain 100% of the rental fees recovered for the premises from all leases other than City. This facility is not suitable as a City operated community facility due to the serious Barrier-Free Access deficiencies. The Club will operate as a "Clubhouse" for meetings, which was the original use/intent of the Centre. Attachment 1. By-law 2. Management Agreement Schedule '%" 3. Location Map Prepared By: Richard W.--~born, P. Eng. Di~/ision Head M~nicipal Property & Engineering ~Evere~t~ u ntsrYra. Director Operations & Emergency Services RH:ds Attachment Copy: Chief Administrative Officer Director, Corporate Services City Clerk Recommended for the consideration of Pickering City Council Tho'ma's ~J: GUj~n, C~f Adm[n~.ve ~ficer SCHEDULE "A" THE CORPORATION OF THE CITY OF PICKERING BY-LAW NO. Being a by-law to authorize the execution of a Management Agreement attached hereto as Schedule "A" between the Corporation of the City of Pickering and The Canadian Progress Club - Durham South to use the facility known as the Front Street Centre. These premises are located at Water Lots 1, 2 and Part of Water Lot 3, Plan 65, in the City of Pickering (Progress Frenchman's Bay East Park). WHEREAS pursuant to the provisions of Section 110 Municipal Act, 2001, chapter 25, the Council of The Corporation of the City of Pickering may by by-law lease premises owned by the Corporation; 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 a Management Agreement in the form acceptable to the Solicitor for the City for a three-year (3) term ending December 31, 2006, between the Corporation of the City of Pickering and The Canadian Progress Club - Durham South. BY-LAW read a first, second and third time and finally passed this 2ndh day of February 2004. Dave Ryan, Mayor Bruce Tayior, City Clerk _._L_Z SCHEDULE "A" THIS MANAGEMENT AGREEMENT made January 1, 2004, pursuant to the provisions of sections 110 of the MunicipalAct, 2001, chapter 25. BETWEEN: THE CANADIAN PROGRESS CLUB - DURHAM SOUTH herein called the "Club" OF THE FIRST PART, - and - THE CORPORATION OF THE CITY OF PICKERING herein called the "City" OF THE SECOND PART. WHEREAS, the City owns a facility known as the Front Street Centre, these premises are located at Water Lots 1, 2 and Part of Water Lot 3, Plan 65, in the City of Pickering, hereinafter referred to as the "Centre". WHEREAS, the Club has proposed management services to the City with respect to Centre; NOW THEREFORE, THIS AGREEMENT WlTNESSETH THAT, in consideration of the mutual covenants and agreements herein contained and the sum of Twenty-Five ($25.00) Dollars paid by each party to the other (the receipt and sufficiency of which is hereby acknowledged), subject in the terms and conditions hereinafter set out, the Parties hereto agree as follows: 1. DEFINITIONS (1) For the purpose of this Agreement "Premises" shall mean: (a) the entire Centre including exterior deck and access walks. (2) For the purpose of this Agreement, "Management Services" shall mean: (a) the leasing of the Premises, or parts thereof, from time to time during the Term of this Agreement, to non-commercial leases and third parties for non-profit functions, charity events, receptions and any other City-approved purposes in accordance with the rental rates agreed to between the parties hereto in accordance with paragraph 7 of this agreement; (b) ~he provision of care taking and general maintenance services to {he Premises at the Club's expense, together with the provisions of all necessary cleaning and maintenance supplies such as cleaning products, related paper products and cleaning equipment; (c) snow removal on all sidewalks, walkways and all other areas of pedestrian passages on the premises. 2. TERM The Club shall have use of the Premises and shall provide the City with Management Services to the satisfaction of the City for a three-year Term (the "Term") commencing on January 1, 2004 and ending on December 31, 2006 unless earlier terminated. 3. MAINTENANCE (a) The City shall be responsible for all inspections and preventative maintenance with respect to the heating equipment, transformer, parking lot, lights and exterior landscaping, however, the Club shall be responsible for any damages or costs incurred due to the misuse or negligence of the Club, its employees, invitees, servants, agents, or others under its control and the Club shall pay to the City on demand the expense of any repairs including the City's reasonable administration charge necessitated by such negligence or misuse; (b) The City shall provide grass cutting and landscaping services and snow removal for the parking lot of the Centre only. The Club shall be responsible for snow removal on other areas of pedestrian passage at the Centre; (c) The Club shall be responsible for all day-to-day operating expenses including all utilities and garbage removal; and (d) The City shall repair existing leaks in plumbing in basement and provide a new roof if deemed necessary by the Director, Operations & Emergency Services, which determination will be final. 4. SECURITY The Club shall be responsible for the security of the Premises. The Club shall be responsible for any costs incurred or arising due to the misuse or negligence of the Club, its employees, invitees, servants, agents or others under its control and the Club shall pay to the City on demand the expense of any repairs including the City's reasonable administration charges necessitated by such negligence or misuse. The Club will ensure that no copies of the keys to the Premises are made without the prior written consent of the City. CITY USE OF PREMISES Notwithstanding any other provision of this Agreement, the City and the Club acknowledge and agree that the City will have first right of refusal to use the Premises. The Club will not be entitled to any rental fees or other remuneration associated with the use of the Premises by the City. USE & OCCUPANCY OF PREMISES BY THE CLUB The Club agrees to use, and ensure that the use of the Premises is in accordance with the City's Alcohol Management Policy, which is attached hereto as Schedule "A". (a) Sharing of Use The parties herein acknowledge and agree that the Club shall have the exclusive use of the Premises every Saturday and Wednesday evening throughout the year. (b) Appearance of Premises The Club agrees to maintain and operate the Premises so that they shall always be of good appearance and suitable for the proper operation of the uses required to be carried on therein and comparable with the standards of the best such uses, and in so doing, to keep both the interior and exterior of the Premises clean, orderly and tidy, and clear of all refuse, snow and ice. (c) By-Laws The Club agrees to comply, at its own expense, with all Municipal, Federal, Provincial, sanitary, fire, health and safety laws, regulations and requirements pertaining to the occupation and use of the Premises, the condition of the impdSvements, trade fixtures, furniture and equipment installed by or on behalf of the Club therein and the making by the Club of any repairs, changes or improvements therein, which repairs, changes or improvements, shall be pre-approved by the City in accordance with the provisions of Clause 3 herein. II. RENTAL REVENUES The Club shall retain 100% of the rental fees recovered for the Premises from all lessees other than City. The Club shall submit a written report to the City quarterly yearly, which shall include financial statements setting out the details of the funds, received by the Club from the rental of the Premises. o III. The Club agrees that it shall only charge such fees for the rental of the Premises at the rate that is approved by the City from time to time. The City and the Club shall establish the approved rental fee rate yearly throughout the Term. GENERAL COVENANTS (1) The City covenants with the Club: (a) for quiet enjoyment; and (b) to observe and perform all covenants and obligations of the City herein. (2) The Club covenants with the City: (a) to pay all day-to-day expenses, (b) to pay all goods and services taxes, and (c) to observe and perform all covenants and obligations of the Club herein. PROHIBITION AGAINST ASSIGNMENT AND SUB-LETTING The Club shall not assign this Management Agreement without the prior written consent of the City which consent may be arbitrarily withheld. 10. LEASEHOLD IMPROVEMENTS & TRADE FIXTURES (1) Definition of Leasehold Improvements For purposes of this Management Agreement, 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 Club in or on the Premises, and whether or not moveable, with the exception of furniture and equipment not of the nature of fixtures. (2) Installation of Improvements & Fixtures The Club 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 City's written approval. The Club'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 City shall have approved, such approval (3) not to be unreasonably withheld. All such work shall be subject to inspection by and the reasonable supervision of the City, and shall be performed in accordance with any reasonable conditions or regulations imposed by the City and completed in a good and workmanlike manner in accordance with the description of work approved by the City. Liens & Encumbrances on Improvements & 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 Club in or on the Premises, the Club 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 Club shall not create any mortgage, conditional sale agreement or other encumbrance in respect of its Leasehold Improvements or, without the consent of the City, with respect to its trade fixtures nor shall the Club 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 lien for work, labour, services or materials supplied to or for the Club or for the cost of which the Club 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 Club shall within 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 City 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 Club as provided in section 12, and its right to reimbursement shall not be affected or impaired if the Club 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 Club from mortgaging or encumbering its chattels, furniture or equipment not of the nature of fixtures. (4) Additions and Alterations The Club shall not make any alterations or additions to the Premises without the prior written consent of the City's Director, Operations & Emergency Services. Any such pre-approved alterations, addition, or fixtures shall be added to the City's inventory of fixtures, and shall form part of the City's property. The Club acknowledges that it has no claim to any such alteration, addition or fixture upon the Termination of this Agreement. 11. INSURANCE & LIABILITY (1) Club's Insurance The Club 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, Club's legal liability, non-owned automobile liability, bodily injury, death and property damage, all on an occurrence basis with respect to the Club's use and occupancy of the Premises, with coverage for any one occurrence or claim of not less than $2,000,000, or such other amount as the City may reasonably require upon not less than six months notice at any time during the Term, which insurance shall include the City as a named insured and shall protect the City in respect of claims by the Club as if the City were separately insured; and (b) insurance against such other perils and in such amounts as the City 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 Club hereunder shall be on Terms and with insurers to which the City 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 City or the agents or employees of the City, and shall also contain an undertaking by the insurer that no material change adverse to the City or the Club will be made, and the policy will not lapse or be cancelled, except after not less than thirty days written notice to the City of the intended change, lapse or cancellation. The Club shall furnish to the City, if and whenever requested by it, certificates or other evidences acceptable to the City as to the insurance from time to time effected by the Club and its renewal or continuation in force, together with evidence as to the method of determination of full replacement cost of the Club's Leasehold Improvements, trade fixtures, furniture and equipment, and if the City reasonably concludes that the full replacement cost has been underestimated, the Club shall forthwith arrange for any consequent increase in coverage required hereunder. If the Club shall fail to take out, renew and keep in force such insurance, or if the evidences submitted to the City pursuant to the preceding sentence are unacceptable to the City or no such evidences are submitted within a reasonable period after request therefore by the City then the City may give to the Club written notice requiring compliance with this section and specifying the respects in which the Club is not then in compliance with this section. If the Club does not, within 72 hours or such lesser period as the City may reasonably require having regard to the urgency of the situation, provide appropriate evidence of compliance with this section, 12. the City may, but shall not be obligated to, obtain some or all of the additional coverage or other insurance which the Club shall have failed to obtain, without prejudice to any other rights of the City under this Lease or otherwise, and the Club shall pay all premiums and other expenses incurred by the City in that connection as additional rent pursuant to section 12 hereof. (2) Limitation of City's Liability The City shall not be liable for any bodily injury or death of, or loss or damage to any property belonging to the Club or its employees, invitees or licensees or its guests, or to any other person in, on or about the Premises. (3) Club's Indemnification of City The Club shall indemnify and save harmless the City in respect of: (a) all actions, causes of actions, suits, claims and demands whatsoever, which may arise either directly or indirectly by reason of any act or omission of the Lessee, its servants, licensees, invitees, members, guests, contractors or agents in the use or occupation of the Premises; (b) any loss, cost, expense or damage suffered or incurred by the City arising from any breach by the Club of any of its covenants and obligations under this Management Agreement; and (c) all costs, expenses and reasonable legal fees that may be incurred or paid by the City in enforcing against the Club the covenants, agreements and representations of the Club set out in this Management Agreement. CITY'S ACCESS (1) The Club shall be responsible for minor repairs to the Premises, at its expense, reasonable wear and tear, fire damage, lightning damage and storm damage excepted. (2) The City 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 Club 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 City in exercising its rights hereunder shall proceed to the extent reasonably possible so as to minimize interference with the Club's use and enjoyment of the Premises. 13. 14. DELAY & NON-WAIVER (1) Unavoidable Delay Except as herein otherwise expressly provided, if and whenever and to the extent that either the City or the Club 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 unavoidable occurrence, the time for fulfillment of such obligation shall be extended during the period in which such circumstances operates to prevent, delay or restrict the fulfillment thereof, and the other party shall not be entitled to compensation for any inconvenience, nuisance or discomfort thereby occasioned. (2) Waiver If either the City or the Club 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. REMEDIES OF CITY (1) In addition to all rights and remedies of the City available to it in the event of any default hereunder by the Club through improper compliance or non- compliance with any obligation arising either under this or any other provision of this Management Agreement or under statute or the general ~aw, (a) the City shall have the right at all times to remedy or attempt to remedy any default of the Club, and in so doing may make any payments due or alleged to be due by the Club 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 City in remedying or (2) (3) attempting to remedy such default shall be payable by the Club to the City as additional rent forthwith upon demand; (b) the City shall have the same rights and remedies in the event of any non-payment by the Club of any amounts payable by the Club under any provision of this Management Agreement as in the case of a non-payment of rent; and (c) if the Club shall fail to pay any rent or other amount from time to time payable by it to the City hereunder promptly when due, the City shall be entitled, if it shall demand it, to interest thereon at a rate of three per cent 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 actual payment thereof. Remedies Cumulative The City 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 Club, through improper compliance or non-compliance with any obligation arising either under any provision of this Management Agreement 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 right and remedies are not to be interpreted as excluding any other or additional rights and remedies available to the City by statute or the general law. Right of Re-Entry on Default or Termination If and whenever the rent hereby reserved or other monies payable by the Club or any part thereof shall not be paid on the day appointed for payment thereof, whether lawfully demanded or not, and the Club shall have failed to pay such rent or other monies within five (5) busineSs days after the City shall have given to the Club notice requiring such payment, or if the Club shall breach or fail to observe and perform any of the covenants, agreements, provisos, conditions and other obligations on the part of the Club to be kept, observed or performed hereunder, or if this Management Agreement shall have become Terminated pursuant to any provision hereof, or if the City shall have become entitled to Terminate this Management Agreement and shall have given notice Terminating it pursuant to any provision hereof, then and in every such case it shall be lawful for the City 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 Management Agreement contained to the contrary notwithstanding. 15. (4) Termination & Re-Entrv (a) If and whenever the City becomes entitled to re-enter upon the Premises under any provision of this Management Agreement the City, in addition to all other rights and remedies, shall have the right to Terminate this Management Agreement forthwith by leaving upon the Premises notice in writing of such Termination. (b) The Term of this Agreement may be terminated by either Part upon six month's notice to the other in writing. (c) The Term of this Agreement may be terminated by the City upon ten day's notice to the Club in writing in the event that the insurance required to be provided in section 11 of this Agreement is not provided or not kept in force. (d) In the event that this Agreement is terminated by the City pursuant to subsection (a), (b) or (c) above, the City shall honour any bookings previously made with the Club for the use of the Premises after the effective date of termination. (5) Payment of Rent, etc. on Termination Upon the giving by the City of a notice, in writing, terminating this Management Agreement, whether pursuant to this or any other provision of this Management Agreement, this Management Agreement and the Term shall Terminate, rent and any other payments for which the Club is liable under this Management Agreement shall be computed, apportioned and paid in full to the date of such Termination, and the Club shall immediately deliver up possession of the Premises to the City, and the City may re-enter and take possession of them. IMPROPER USE OF PREMISES; BANKRUPTCY In case without the written consent of the City the Premises shall be used for any purpose other than that for which they were leased, or occupied by any persons whose occupancy is prohibited by this Management Agreement, 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 Club shall at any time be seized in execution or attachment, or if the Club 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 City may at its option Terminate this Management Agreement by leaving upon the Premises notice in writing of such Termination and thereupon, in addition to the payment by the Club of rent and other payments for which the Club is liable under this Management Agreement, rent for the current month and the next ensuing 3 months shall immediately become due and paid by the Club. 16. MISCELLANEOUS PROVISIONS (1) Registration of Manaqement Agreement Neither the Club nor the City shall register this Management Agreement or a notice of this Management Agreement. (2) Management A,qreement 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 Management Agreement save as expressly set out in this Management Agreement; this Management Agreement constitutes the entire agreement between the City and the Club and may not be modified except as herein explicitly provided or except by agreement in writing executed by the City and the Club. (3) Notices Any notice required or contemplated, by any provision hereof shall be given in writing, and (a) if to the City, either delivered to the City Clerk personally or mailed by prepaid registered mail addressed to The City Clerk, The Corporation of the City of Pickering, Pickering Civic Complex, One The Esplanade, Pickering, Ontario L1V 6K7; and (b) if to the Club, either delivered to The Canadian Progress Club - Durham South, c/o the President or Secretary, at Pickering, Ontario. Every such notice shall be deemed to have been given when delivered or, if mailed as aforesaid, upon the third 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 Management Agreement 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 titles and captions appearing for the provisions of this Management Agreement 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 Management Agreement or of any provision hereof. (5) Extent of Management Aqreement Obligations This Management Agreement 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. IN WITNESS WHEREOF the Parties hereto have executed this Indenture. SIGNED, SEALED AND DELIVERED THE CANADIAN PROGRESS CLUB - DURHAM SOUTH THE CORPORATION OF THE CITY OF PICKERING Dave Ryan, Mayor Bruce Taylor, City Clerk 7lA ?Z/P,°C/A/ 7- SUBJECT PROPERTY FRENCHMAN'S BAY D -L OPERATIONS & EMERGENCY SERVICES DEPARTMENT MUNICIPAL PROPERTY & ENGINEERING DIVISION 1:4 000 , NOV 10/2003 ATTACHMENT FOR OPERATIONS & EMERGENCY SERVICES REPORT LOCATION OF PROGRESS FRENCHMAN'S BAY EAST PARK - MANGEMENT AGREEMENT RENEWAL ?l RECOMMENDATION OF THE EXECUTIVE COMMITTEE DATE MOVED BY SECONDED BY That Report OES 40-03 regarding a proposed amendment of the parking By-law 2359/87 be received; and That the attached draft by-law be enacted to amend Schedule 'B' to By-law 2359/87 to provide for the regulating of 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. ?2 PICKERING REPORT TO FINANCE & OPERATIONS COMMITTEE Report Number: OES 40-03 Date: November 4, 2003 From: Richard W. Holborn Division Head Municipal Property & Engineering Subject: No-Parking By-Law Amendment to By-law 2359/87 Recommendation: 1. That Report OES 40-03 regarding a proposed amendment of the parking By-law 2359/87 be received; and That the attached draft by-law be enacted to amend Schedule 'B' to By-law 2359/87 to provide for the regulating of 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. Executive Summary: In order to improve visibility, traffic flow and safety on Edgewood Road, an amending by-law is being proposed, which if passed, will prohibit on- street parking along a specific section of the street. A Community Outreach Letter and Map were distributed to residents that were affected by the amending by-law. Results indicate that the public support these proposed no-parking restrictions. That attached by-law, once adopted, must be enforced on a regular basis to be effective. Financial Implications: The manufacture and installation of parking signs, costing approximately $250.00 can be accommodated within the Roads current budget account 2320-2409. Background: In response to request from a resident of Edgewood Road, Staff recently investigated and evaluated vehicular movement and on street parking on Edgewood Road. Site visits from Municipal Property & Engineering Staff confirm that vehicles experience difficulty traveling along Edgewood Road, primarily through a 'horizontal curve' between Meadowview Avenue and Eastbank Road when vehicles are parked on the south and west sides of Edgewood Road. Edgewood Road is classified as a local roadway with an 8.5 metre width. Currently, there are no parking prohibitions on Edgewood Road, Report OES 40-03 Subject: No-Parking By-Law Amendment to By-law 2359/87 Date: November 4, 2003 Page 2 A Community Outreach program has been initiated to inform affected residents of a proposed by-law by distribution of a Community Outreach Letter and Map. The residents are made aware of the concern and proposed changes and have the opportunity to support or oppose the by-law that is being proposed by completing the request. Eight (8) letters were distributed and six (6) were returned with four (4) in support of the proposed parking restriction, and two (2) opposed. Based on these results, the no-parking by-law on Edgewood Road was well received and supported by the public. The by-law amendment, as proposed, will prohibit parking along the south and west side of Edgewood Road from a point 133 metres east of Cobblers Court to a point 233 metres southerly thereof. The passing of a Municipal By-law, to prohibit on-street parking in the aforementioned area of concern, will improve both vehicular and pedestrian safety, but in order to be effective, must be regularly enforced. Attachments: 1. Location Map 2. Draft By-law Amendments Prepared By: Shahid Matlo'ob Coordinator, Traffic Engineering Director, Operations & Emergency Services Ri/6Zhard W. !-~lbom, P. Eng. B'ivision He~d, Municipal Property & Engineering RH:ws Attachments Copy: Chief Administrative Officer City Clerk Manager of By-law Enforcement Services Superintendent, Municipal Operations Recommended for the consideration of Picketing City ~C4~u~, .,n, cil Themes J. Qg~n, ~ief Admin1~8~ivs Officer PLAC ' :OURT > I AVENUE x O ~ ~ JACOUELtNE t ~ ' AVENUE WELR ! i r . PARKING < COURT , ~ SHEPPARD ENGINEERING DIVISION ~1~ ........ o ...... LOCATION OF PROPOSED NO PARKING ZONE THE CORPORATION OF THE CITY OF PICKERING BY-LAW NO. /04 ?5 Being a By-law to amend By-law 2359/87 providing for the regulating of parking, standing and stopping on highways or parts of highways under the jurisdiction of the City of Pickering and on private and municipal property. WHEREAS, By-law 2359/87, as amended, provides for the regulating of parking, standing and stopping on highways or parts of highways under the jurisdiction of the City of Pickering and on private and municipal property; and WHEREAS, it is deemed expedient to amend By-law 2359/87 to establish "no parking" zones along section of Edgewood Road. NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE CITY OF PICKERING HEREBY ENACTS AS FOLLOWS: Schedule B to By-Law 2359/87, as amended, is hereby further amended by adding thereto the following item: Hi,qhway Side Between/And Prohibited times and days Edgewood Road South and 133 m east of See Note 1 West Cobblers Court to a point 233m southerly thereof. This By-Law shall come into force on the date that it is approved by the Council of The City of Pickering and when signs to the effect are erected. BY-LAW read a first, second and third time and finally passed this 2nd day of February 2004. Dave Ryan, Mayor Bruce Taylor, City Clerk RECOMMENDATION OF THE EXECUTIVE COMMITTEE DATE MOVED BY SECONDED BY That Report OES 41-03 regarding a proposed amendment of the parking By-law 2359/87 be received; and That the attached draft by-law be enacted to amend Schedule 'B' to By-law 2359/87 to provide for the regulating of 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. PICKERING REPORT TO THE FINANCE AND OPERATIONS COMMITTE Report Number: OES 41-03 Date: October 22, 2003 From: Richard W. Holborn Division Head Municipal Property & Engineering Subject: No-Parking By-Law Amendment to By-law 2359/87 File: Walnut Lane Recommendations: That Report OES 41-03 regarding a proposed amendment of the parking By-law 2359/87 be received; and That the attached draft by-law be enacted to amend Schedule 'B' to By-law 2359/87 to provide for the regulating of 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. Executive Summary: In order to improve visibility, traffic flow and safety on Walnut Lane between Kingston Road and Storrington Street an amending by-law is being proposed, which prohibits on-street parking along specific sections of the street. A Community Outreach Letter and Map were distributed to residents that were affected by the amending by-law. Results indicate that the public support these proposed no- parking restrictions. The attached by-law, once adopted, must be enforced on a regular basis to be effective. Financial Implications: The manufacture and installation of parking signs, costing approximately $400 can be accommodated within the Roads current budget account 2320-2409. Background: Recently staff investigated neighbourhood concerns about the presence of on-street parking along Walnut Lane. In order to improve the level of safety on Walnut Lane, an amending by-law is being proposed, which if passed, will prohibit on-street parking on both sides of Walnut Lane between Kingston Road and Storrington Street. The current by-law restricts parking on west side of the street only. Date: October 22, 2003 Report OES 41-03 Subject: No-Parking By-Law Amendment to By-law 2359/87 Page 2 As a recommended practice, a Community Outreach program has been initiated to inform affected residents of a proposed by-law. The residents have the opportunity to support or oppose the by-law by completing the letter request form. Twelve (12) letters were distributed and Ten (10) were returned from residents on Walnut Lane. Results of the survey were Six (6) in support, Four (4) opposing the proposed by-law and Two (2) were not returned.The above results indicate that the no-parking by-law on Walnut Lane was well received and supported by the public. If approved, this by-law must receive regular enforcement to be effective. Attachments: 1. Location Maps 2. Draft By-law Amendments Prepared By: sham~in~'Sambasivam Traffic Engineering Technician Approve dorse y: Director, Operations & Emergency Services Ri,~h. ard W. HCborn, P. Eng. wision Head, Municipal Property & Engineering SS:ss Attachments Copy: Chief Administrative Officer City Clerk Manager of By-law Enforcement Services Superintendent, Municipal Operations Recommended for the consideration of Pickering CitY Council Thd~&s J. Qu~, ChibCAdmi¢~tive ¢fficer ~ESCENT ~NES CULROSS UE ,)OAD Z EXISTING PARKING PROPOSED NO ,PARKING ZONE OPERATIONS & EMERGENCY SERVICES DEPARTMENT MUNICIPAL PROPERTY & ENGINEERING DIVISION i :4000 i ~,o~ MAY 06/2003 TRAFFIC REPORT LOCATION OF PROPOSED NO PARKING ZONE i, ,LLI 0 D ?~ THE CORPORATION OF THE CITY OF PICKERING BY-LAW NO. /04 Being a By-law to amend By-law 2359/87 providing for the regulating of parking, standing and stopping on highways or parts of highways under the jurisdiction of the City of Pickering and on private and municipal property. WHEREAS, By-law 2359/87, as amended, provides for the regulating of parking, standing and stopping on highways or parts of highways under the jurisdiction of the City of Pickering and on private and municipal property; and WHEREAS, it is deemed expedient to amend By-law 2359/87 to establish "no parking" zones along section of Walnut Lane. NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE CITY OF PICKERING HEREBY ENACTS AS FOLLOWS: Schedule B to By-Law 2359/87, as amended, is hereby further amended by adding thereto the following item: Highway Side Between/And Prohibited times and days Walnut Lane East Kingston Road and See Note 1 Storrington Street. This By-Law shall come into force on the date that it is approved by the Council of The City of Pickering and when signs to the effect are erected. BY-LAW read a first, second and third time and finally passed this 2nd day of February 2004. Dave Ryan, Mayor Bruce Taylor, City Clerk RECOMMENDATION OF THE EXECUTIVE COMMITTEE DATE MOVED BY SECONDED BY That Report CS 01-04 of the Director, Corporate Services & Treasurer, concerning 2004 Interim Levy and Interim Instalment Due Dates, be received; and That an interim levy be adopted for 2004 for all of the realty property classes; and That the interim levy instalment due dates be February 26 and April 29, 2004; 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 the appropriate City of Pickering officials be authorized to take the necessary actions to give effect thereto. PICKERING REPORT TO FINANCE & OPERATIONS COMMITTEE Report Number: CS 01-04 Date: January 9, 2004 Fro m: Gillis A. Paterson Director, Corporate Services & Treasurer Subject: 2004 Interim Levy and Interim Installment Due Dates Recommendation: It is recommended that Report CS 01-04 of the Director, Corporate Services & Treasurer be received; An interim levy be adopted for 2004 for all of the realty property classes; The interim levy installment due dates be February 26 and April 29, 2004; 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 2004 interim levy would be based on the adjusted annualized 2003 taxes. This requires much more detailed assessment, taxation and billing analysis for 2004 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 01-04 Date: January 9, 2004 Subject: 2004 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 2004 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 31,2004) 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 2004 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 five 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 4,800 rate payers using the PAP program.) Changes to the Billinq 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 2004 Interim Installment Due Dates Report CS 01-04 Subject: 2004 Interim Levy and Interim Installment Due Dates Date: Januaw 9,2004 Page 3 Prepared By: Approved / Endorsed By: Susan Aitker~ead Coordinator, Taxation Services GAP:vw Attachment Copy: Chief Administrative Officer Gillis A. Paterson Director, Corporate Services & Treasurer Recommended for the consideration of Pickering City C, ouncil THF- 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 2004. WHEREAS Section 317, of the Municipal Act, 2001, S.O.2001, c.25, 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 2003. For the multi-residential, commercial and industrial 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 2003. 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 2003. For the purposes of calculating the total amount of taxes for the year 2004 under paragraph one, if any taxes for municipal and school purposes were levied on a property for only part of 2003 because assessment was added to the collector's roll dudng 2003, 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 2004 to the collector's roll after the date this by-law is passed and an interim levy shall be imposed and collected. 4. 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.C. 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 shai! be sent to that address. Notices will not be mailed to tenants. It is the responsibility of the person taxed to noti~/and collect taxes from tenants or other De~SORS. i ne ~ reasurer is hereby authorized to accept pa~ payment from time to time on account of any taxes due, in accordance with the provisions of subsection 347 (!) and (2) of the Municipal Act 200!, S.O.c.25 as amended, and to give a receipt for such part payment under Section 346 (1) of the Municipai Act 2001, S.O.c.25, as amended. The Treasurer is hereby authorized to prepare and give one separate tax notice for the collection of 2004 taxes, one notice being an INTERIM notice, with two installments under the provisions of Section 342 of the Municipal Act 200!, S.O. 2001, c.25 as amended, as follows: INTERIM Tax Notice Due date of the first installment February 26, 2004 Due date of the second installment April 29, 2004; adjusted by the Director, Corporate Services & Treasurer. or either date 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.O.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.O.c.25 as amended. 10. 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-one 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.O.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.O.c.25 as amended. 11. Nothing herein contained shall prevent the Treasurer 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 goveming the collection of taxes. 12. 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, saiaw or other remuneration 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 by a court of competent jurisdiction to be invaiid, it is the intent of Council for the Corporation of the City of Picketing that al! remaining sections and portions of this By-iaw continue in force and effect. !4. That this by-~aw is to come into effec4; on the '!st day of JanuaQ~, 2004. BY-LAW read a first, second and third time and finally passed this 2nd day of February, 2004. David Ryan, Mayor Bruce Taylor, Clerk RECOMMENDATION OF THE EXECUTIVE COMMITTEE DATE MOVED BY SECONDED BY That Mayor Ryan be authorized to make the following proclamation: "Epilepsy Awareness Month"- March, 2004 bEPILEPSY DURHAM REGION 119 Ash Street, Whitby, Ontario L1N 4B1 905-666-9926 1-800-350-9069 Fax905-666-4529 info@epilepsydurham.com www. epilepsydurham.com January 6th, 2004 RECEIVED CITY OF PICKERING CLERK'S DIVISION CITY OF PICKERING PICKERINQ, ONTARIO Clerks Departmem 1 Esplande Picketing, Ontario L1V 6K7 Dear Sir or Madmm, On behalf of Epilepsy Durham Region, we would respectfully request that the City of Picketing proclaim the month of March 2004 as Epilepsy Awareness Month. Through our second annual Lavender Ribbon Campaign, Epilepsy Canada and specifically Epilepsy Durham Region are promoting awareness of seizure disorders throughout the month of March. Residents in our municipality and across Ontario will be acknowledging our organization by wearing lavender ribbons to show their commitment to improving the quality of life for those living with a seizure disorder. Please find enclosed a sample of our ribbon. We would be happy to address any questions you may have. Thanking you in advance, Dianne McKenzie Executive Director Epilepsy Durham Region Charitable Registration No. 89670-5399-RR0001