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HomeMy WebLinkAboutFebruary 2, 2004 Council Meeting Agenda Monday, February 2, 2004 7:30 PM (i) ADOPTION OF MINUTES Regular Meeting of January 19, 2004 (11) 1. PRESENTATION Presentation of the Winterfest Snow Sculpture prizes. (111) 1. DELEGATIONS The following delegates will address Council with respect to the Notice of Motion regarding the Rouge Valley Health System: a. Dr. Romas Stas b. Yvonne Bosch c. Ellie Belanger Catherine Carney-White, Executive Director, Herizon House, will be present to thank Council for its continuous support in getting the Shelter running. Margaret Plackitt, 1811 Rosebank Road, will address Council to seek support and direction with respect to a fundraising proposal for the proposed Cancer Centre in Oshawa. (IV) RESOLUTIONS PAGE 1. To adopt the Executive Committee Report dated January 26, 2004. 1-3 -1- Council Meeting Agenda Monday, February 2, 2004 7:30 PM (V) BY-LAWS By-law Number 6254/04 4-11 Being a by-law to amend Restricted Area (Zoning) By-law 2511, to implement the Official Plan of the City of Pickering, Region of Durham, Part of Lot 18, Range 3, B.F.C., City of Pickering. (A 22/03) By-Law Number 6255/04 12-19 Being a by-law to amend Restricted Area (Zoning) By-law 2511, to implement the Official Plan of the City of Pickering District Planning Area, Region of Durham, in Part of Lot 19, Range 3, in the City of Pickering. (A 19/03) By-law Number 6256/04 20-24 Being a by-law to amend Restricted Area (Zoning) By-law 2511, as amended, to implement the Official Plan of the City of Pickering, Region of Durham in Part of Lot 18, Concession 1, (Parts 6 to 8, 12 & 13, 40R- 10635) in the City of Pickering. (A 33/00) By-law Number 6257/04 25-27 Being a by-law for the collection of taxes and to establish the installment due dates for the Interim Levy 2004. By-law Number 6258/04 28 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. By-law Number 6259/04 29 Being a by-law to amend By-law 1416/82 providing for the regulation and licencing of places of amusement. 2 Council Meeting Agenda Monday, February 2, 2004 7:30 PM By-law Number 6260/04 Being a by-law to dedicate Blocks 15 and 17, Plan 40M-1649, Pickering as public highway. By-law Number 6261/04 Being a by-law to authorize the release and removal of the Subdivision Agreement respecting Plan 40M-1649, Pickering, from title. By-law Number 6262/04 Being a by-law to assume roads and services under the jurisdiction of The Corporation of the City of Pickering in Plan 40M-1653, Pickering and to assume Tomlinson Court and Fiddlers Court for public use as public highways. By-law Number 6263/04 Being a by-law to amend By-law to amend By-law 1416/82 providing for the regulation and licencing of places of amusement. BY-law Number 6264/04 Being a by-law to authorize the release and removal of the Subdivision Agreement respecting Plan 40M-1653, Pickering from title. By-law Number 6265/04 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, Pickering, 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 Pickering. 3O 31 32 33 34 35 -3- Council Meeting Agenda Monday, February 2, 2004 7:30 PM By-law Number 6266/04 Being a by-law to amend By-law to amend By-law 1416/82 providing for the regulation and licencing of places of amusement. By-law Number 6267/04 Being a by-law to authorize the release and removal of the Subdivision Agreement respecting Plan 40M-1657, Pickering, from title. By-law Number 6268/04 Being a by-law to assume roads and services under the jurisdiction of The Corporation of the City of Pickering in Plan 40M-1663, Pickering and to assume ^rathorn Court for public use as public highway. By-law Number 6269/04 Being a by-law to amend By-law 1416/82 providing for the regulation and licencing of places of amusement. By-law Number 6270/04 Being a by-law to authorize the release and removal of the Agreement respecting Plan 40M-1663, Pickering, from title. By-law Number 6271/04 Being a by-law 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. By-law Number 6272/04 Being a by-law to amend By-law 1416/82 providing for the regulation and licencing of places of amusement. 36 37 38 39 4O 41 42 -4- Council Meeting Agenda Monday, February 2, 2004 7:30 PM By-law Number 6273/04 Being a by-law to dedicate Blocks 103 and 104, Plan 40M-1664, Pickering, as public highways. By-law Number 6274/04 Being a by-law to authorize the release and removal of the Subdivision Agreement respecting Plan 40M-1664, Pickering, from title. By-law Number 6275/04 Being a by-law to authorize the release and removal of the Subdivision Agreement respecting Plan 40M-1705, Pickering, from title. By-law Number 6276/04 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. By-law Number 6277/04 Being a by-law to amend By-law 1416/82 providing for the regulation and licencing of places of amusement. By-law Number 6278/04 Being a by-law to authorize the Release and Removal of the Subdivision Agreement respecting Plan 40M-1753, Pickering, from title. By-law Number 6279/04 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 highways. 43 44 45 46 47 48 49 -5- Council Meeting Agenda Monday, February 2, 2004 7:30 PM By-law Number 6280/04 Being a by-law to amend By-law 1416/82 providing for the regulation and licencing of places of amusement. By-law Number 6281/04 Being a by-law to authorize the release and removal of the Subdivision Agreement respecting Plan 40M-1757, Pickering, from title. By-law Number 6282/04 Being a by-law to authorize the release and removal of the Subdivision Agreement respecting Plan 40M-1777, Pickering, from title. By-law Number 6283/04 Being a by-law to amend By-law 5422/98 for the collection and removal of garbage, recyclable materials, yard waste and other refuse. By-law Number 6284/04 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. By-law Number 6285/04 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). 5O 51 52 53 54 55-64 -6- Council Meeting Agenda Monday, February 2, 2004 7:30 PM (VI) 1. NOTICES OF MOTION Moved by Councillor Brenner Seconded by Councillor Holland 65-66 WHEREAS at the time that Scarborough Centenary and Ajax/Pickering Hospitals amalgamated under the umbrella of the Rouge Valley Health System, a commitment was made by the restructuring commission that the communities of Pickering and Ajax would not lose a full service hospital; and WHEREAS municipal governments in the Region of Durham have provided financial support to the Rouge Valley Health System on the understanding that the Ajax/Pickering Hospital would continue as a full service hospital; and WHEREAS numerous service clubs and other organizations have also raised money in support of the expansion of the Ajax/Pickering Hospital and services provided therein such as the Maternity Unit on the understanding that Ajax/Pickering Hospital would continue as a full service facility; and WHEREAS the Rouge Valley Health System has undertaken a review of its strategic plan without consulting its key stakeholders such as the residents who use the hospital, the doctors, nurses and other professional staff that work within the System and the local governments and organizations that fund the hospital; and WHEREAS this review has led to a decrease in the level of service provided by the Maternity Unit and the number of acute care beds; NOW THEREFORE the Council of the Corporation of the City of Pickering hereby requests that the decision of the Board of Directors of the Rouge Valley Health System to decrease the number of acute care beds at the Ajax/Pickering Hospital by 25% from 59 to 45 be reversed; and FURTHER THAT the decision to discontinue Level Two birthing procedures at Ajax/Pickering Hospital be reversed; and -7- Council Meeting Agenda Monday, February 2, 2004 7:30 PM FURTHER THAT a full and open consultation with all stakeholders involved with the Rouge Valley Health System take place before the Board of Directors makes any restructuring decisions; and FURTHER THAT this resolution be copied to: Regional Municipality of Durham · Town of Ajax · Hon. George Smitherman, Minister of Health and Long Term Care · WayneArthurs, MPP Moved by Councillor Brenner Seconded by Councillor Holland 67-68 WHEREAS the Durham Region Transit Improvement Plan identified potentially significant benefits that would accrue from further amalgamation of local conventional and specialized transit services within the Region and recommended that a business case analysis be undertaken to determine the costs, benefits and implications associated with further amalgamation of local transit services in Durham; and WHEREAS in 2001, Durham's Draft Transportation Master Plan recommended an implementation strategy to create integrated, Region-wide conventional and specialized transit service in Durham; and WHEREAS other upper tier transit systems have capitalized on funding opportunities from senior levels of government that appear to be unavailable to lower tier providers due to the nature and scope of the funding mechanisms; and WHEREAS the Durham Community Strategic Plan included a strategic action to develop a viable, affordable and integrated transit system within the Region and linking with the rest of the Greater Toronto Area; and WHEREAS the Region of Durham may have greater opportunities to encourage enhanced GO services through Durham; -8- Council Meeting Agenda Monday, February 2, 2004 7:30 PM NOW THEREFORE BE IT RESOLVED THAT as it would be a requirement under the Municipal Act, 2001 for a triple majority in order for the upper tier to assume full responsibility for transit, the Council of the Corporation of the City of Pickering hereby supports the Regional Municipality of Durham assuming full authority over bus passenger transportation systems currently provided at the lower tier effective July 1, 2004; and FURTHER THAT all transit capital such as transit buildings, buses and materials be transferred to the Regional Municipality of Durham; and FURTHER THAT the Regional Municipality of Durham commits to maintaining and enhancing current service levels; and FURTHER THAT a copy of this resolution be forwarded to all local municipalities and transit providers within the Region of Durham. Moved by Councillor Brenner Seconded by Councillor McLean 69-70 WHEREAS the Council of the Corporation of the City of Pickering approved a pilot program in a portion of the Amberlea neighbourhood for the cart-based collection of kitchen organics on November 6, 2001; and WHEREAS this pilot program has proven to be very successful in reducing the amount of waste going to landfill and is supported by the residents who have used it; and WHEREAS due to the success of the pilot project, the kitchen organics collection program in the Amberlea neighbourhood was extended and is still ongoing; and WHEREAS Resolution #144/03 passed on October 7, 2003, endorses, in principle, the collection of kitchen organics throughout the entire City of Pickering; NOW THEREFORE the Council of the Corporation of the City of Pickering hereby requests that the Regional Municipality of Durham assume responsibility for the collection of household solid waste consisting of garbage, yard waste and separated kitchen organics in the City of Pickering effective January 1,2004 and implement the Regional Integrated Waste Management Program; and 9 Council Meeting Agenda Monday, February 2, 2004 7:30 PM 1. FURTHER THAT the Region of Durham use the Norseman 46.5L Green Bin curbside container and the Norseman 7.5 L kitchen container for the kitchen organic collection program in the City of Pickering and ensure delivery of the start up package consisting of bins, paper bags, and an information booklet, consistent with the Region's recommendation of May 7, 2003; and FURTHER THAT the Region carry out and administer the kitchen organic and household collection program on the basis that there will be no reduction in services or levels of service to the residents of the City of Pickering and no costs to be incurred by the City for administration of the program. CONFIDENTIAL MATTER To review a land transaction matter. (w,) (IX) OTHER BUSINESS CONFIRMATION BY-LAW (X) ADJOURNMENT -10- RESOLUTION OF COUNCIL DATE MOVED BY SECONDED BY That the Executive Committee Report dated January 26, 2004, be adopted. CARRIED: MAYOR Appendix I Executive Committee Report EC 2004-01 That the Executive Committee of the City of Pickering having met on January 26, 2004, presents its first report to Council and recommends: OPERATIONS & EMERGENCY SERVICES REPORT OES 37-03 LEAF & YARD WASTE COLLECTION ELIMINATION OF CLEAR PLASTIC BAGS AMENDMENT TO BY-LAW #5422/98 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. o OPERATIONS & EMERGENCY SERVICES REPORT OES 38-03 THE CANADIAN PROGRESS CLUB- DURHAM SOUTH MANAGEMENT AGREEMENT - FRONT STREET CENTRE 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 Picketing 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 That the Mayor and Clerk be authorized to execute the Management Agreement. -4- Appendix I Executive Committee Report EC 2004-01 CORPORATE SERVICES REPORT CS 01-04 2004 INTERIM LEVY AND INTERIM INSTALMENT DUE DATES 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. PROCLAMATIONS "EPILEPSY AWARENESS MONTH"- MARCH, 2004 That Mayor Ryan be authorized to make the following proclamation: "Epilepsy Awareness Month" - March, 2004 -5- THE CORPORATION OF THE CiTY OF PiCKERING BY-LAW NO. 6254104 Being a By-law to amend Restricted Area Zoning By-law 2511, to implement the Official Plan of the City of Pickering, Region of Durham, Part of Lot 18, Range 3, B.F.C., City of Pickering. (A 22/03) WHEREAS the Council of the Corporation of the City of Pickering deems it desirable to permit additional industrial and commercial uses within the three existing buildings on the subject lands, being Part of Lot 18, Range 3, B.F.C., City of Pickering; AND WHEREAS an amendment to By-law 2511 is therefore deemed necessary; NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE CITY OF PICKERING HEREBY ENACTS AS FOLLOWS: SCHEDULE I Schedule I attached hereto with notations and references shown thereon is hereby declared to be part of this By-law. AREA RESTRICTED The provisions of this By-law shall apply to those lands in Part of Lot 18, Range 3, B.F.C., City of Pickering, designated "MC-19" on Schedule I attached hereto. GENERAL PROVISIONS No building, land or part thereof shall hereafter be used, occupied, erected, moved, or structurally altered except in conformity with the provisions of this By-law. DEFINITIONS In this (1) By-law, "Bakery" shall mean a building or part of a building in which food products are baked, prepared and offered for retail sale, or in which food products baked and prepared elsewhere are offered for retail sale; (2) "Business Office" shall mean any building or part of a building in which one or more persons are employed in the management, direction or conducting of an agency, business, brokerage, labour or fraternal organization and shall include a telegraph office, newspaper plant and a radio or television broadcasting station and its studies or theatres, but shall not include a retail store; (3) "Club" shall mean a building or part of a building in which a not-for-profit or non-commercial organization carries out social, cultural, welfare, athletic or recreational programs for the benefit of the community; (4) (5) "Commercial Club" shall mean an athletic or recreational club operated for gain or profit and having public or private membership, but shall not include an adult entertainment parlour as defined herein; "Commercial-Recreational Establishment" shall mean a commercial establishment in which indoor recreational facilities are provided, and which may include an athletic or recreational club, but shall not include any uses permissible within a place of amusement or entertainment as defined herein; (7) (8) (9) (10) (11) (12) (13) (14) -2- "Commercial School" shall mean a school which is operated for gain or profit and may include the studio of a dancing teacher or music teacher, hn art schoot, a golf school or any other school operated for gain or profit; "Dry Cleaninq Depot" shall mean a building or part of a building used for the purpose of receiving articles, goods, or fabrics to be subjected to dry cleaning and related processes elsewhere, and of distributing articles, goods or fabrics which have been subjected to such processes; "Dry Cleaninq Establishment" shall mean a building or part of a building where articles, goods or fabric are subjected to dry cleaning and related processes, are received or distributed, or where a dry cleaning plant is operated, or both, and which may include the laundering, pressing or incidental tailoring or repair of articles, goods or fabric; "Food Preparation Plant" shall mean a building or part of a building in which processed food products are cooked, baked, mixed, packaged or otherwise prepared for distribution to retail or institutional outlets; "Gross Leasable Floor Area" shall mean the aggregate of all storeys above or below established grade, designed for owner or tenant occupancy or exclusive use only, but excluding storage areas below established grade; "Light Manufacturinq Plant" shall mean a manufacturing plant used for: the production of apparel and finished textile products other than the production of synthetic fibers; printing or duplicating; the manufacture of finished paper other than the processing of wood pulp; the production of cosmetics, drugs and other pharmaceutical supplies; or, the manufacture of finished lumber products, light metal products, electronic products, plasticware, porcelain, earthenware, glassware or similar articles, including but not necessarily restricted to, furniture, housewares, toys, musical instruments, jewellery, watches, precision instruments, radios and electronic components; (a) "Lot" shall mean an area of land fronting on a street which is used or intended to be used as the site of a building, or group of buildings, as the case may be, together with any accessory buildings or structures, or a public park or open space area, regardless of whether or not such lot constitutes the whole of a lot or block on a registered plan of subdivision; (b) "Lot Coveraqe" shall mean the percentage of lot area covered by all buildings on the lot; (c) "Lot Frontaqe" shall mean the width of a lot between the side lot lines measured along a line parallel to and 7.5 metres distant from the front lot line; "Manufacturin.q Plant" shall mean a building or part of a building in which is carried on any activity or operation pertaining to the making of any article, and which shall include altering, assembling, repairing, ornamenting, finishing, cleaning, polishing, washing, packing, adapting for sale, breaking up or demolishing the said article; "Merchandise Service Shop" shall mean an establishment where articles or goods including, but not necessarily limited to, business machines, appliances, furniture or similar items are repaired or serviced, and includes the regular place of business of a master electrician or master plumber, but shall not include a manufacturing plant or any establishment used for the service or repair of vehicles or a retail store; (15) (16) -3- "Personal Service Shop" shall mean an establishment in which a personal service is performed and which may include a barber shop, a beauty salon, a shoe repair shop, a tailor or dressmaking shop or a photographic studio, but shall not include a body-rub parlour as defined in section 224(9)(b) of the Municipal Act, R.S.O. 1990, as amended from time-to-time, or any successor thereto; "Place of Amusement or Entertainment" shall mean a building or part of a building in which facilities are provided for amusement or entertainment purposes, and which may include a billiard or pool room, a dance hall, a music hall, a theatre, but shall not include a room or an area used for any video lottery terminal use as governed by the Gaming Services Act, an adult entertainment parlour as defined in the Municipal Act, R.S.O. 1990, as amended from time-to-time, or any successor thereto; (17) (18) (19) (20) "Place of Assembly" shall mean a building or part of a building in which facilities are provided for civic, educational, political, recreational, religious or social meeting purposes and may include facilities for entertainment purposes such as musical and theatrical performances, but shall not include a place of amusement or entertainment as defined herein; "Place of Worship" shall mean a building or part of a building dedicated to religious worship and may include a church, synagogue, temple or assembly hall along with accessory office space and nursery facilities, but shall not include a day nursery, day care centre or nursery school; "Printing Establishment" shall mean an establishment used for blueprinting, engraving, electro-typing, photocopying, plotting from disk, printing, stereotyping or typesetting; "Professional Office" shall mean a building or part of a building in which medical, legal or other professional service is performed or consultation given, and which may include a clinic, the offices of an architect, a chartered accountant, an engineer, a lawyer or a physician, but shall not include a body-rub parlour as defined by the Municipal Act, R.S.O. 1990, c.M. 46, as amended from time-to-time, or any successor thereto; (21) "Rental Establishment" shall mean a building or part of a building in which goods, wares, merchandise, substances, articles or things are offered or kept for offer for rent directly to the public, but does not include the rental of motor vehicles, and does not include a video store; (22) "Restaurant - Type A" shall mean a building or part of a building where food is prepared and offered or kept for retail sale to the public for immediate consumption on the premises or off the premises, or both on and off the premises; (23) (24) "Sales Outlet" shall mean a building or part of a building accessory to a bakery, a food preparation plant, a light manufacturing plant, a manufacturing plant, a merchandise service shop, a printing establishment, or a warehouse, wherein products manufactured, produced, processed, stored, serviced or repaired on the premises are kept or displayed for rent or for wholesale or retail sale, or wherein orders are taken for future delivery of such products; "Scientific, Medical or Reseamh Laboratory" shall mean a building or part of a building wherein scientific, research or medical experiments or investigations are systematically conducted, or where drugs, chemicals, glassware or other substances or articles pertinent to such experiments or investigations may be manufactured or otherwise prepared for use on the premises; (25) (26) (27) (28) (29) "Vehicle Repair Shop" shall mean an establishment containing facilities for the repair and maintenance of vehicles on the premises, in which vehicle accessories are sold and vehicle maintenance and ;'epair operations are performed, but shall not include a body shop or any establishment engaged in the retail sale of motor vehicle fuels; "Vehicle Sales or Rental Establishment" shall mean an establishment used for the sale, service, rent or lease of vehicles and which may include as an accessory use thereto a vehicle repair shop, but shall not include any establishment engaged in the retail sale of motor vehicle fuels; '~/Varehouse" shall mean a building or part of a building which is used primarily for the housing, storage, adapting for sale, packaging, or wholesale distribution of goods, wares, merchandise, food-stuffs, substances, articles or things, and includes the premises of a warehouseman but shall not include a fuel storage tank except as an accessory use; and '~/Vaste Transfer and Manaqement Facility" shall mean a building or part of a building which is used primarily for the storage, handling or processing of household, institutional, commercial or industrial waste; (a) "Yard" shall mean an area of land which is appurtenant to and located on the same lot as a building or structure and is open, uncovered, and unoccupied above ground except for such accessory buildings, structures, or other uses as are specifically permitted thereon; (b) "Front Yard" shall mean a yard extending across the full width of a lot between the front lot line of the lot and the nearest wall of the nearest main building or structure on the lot; (c) "Front Yard Depth" shall mean the shortest horizontal dimension of a front yard of a lot between the front lot line and the nearest wall of the nearest main building or structure on the lot; (d) "Rear Yard" shall mean a yard extending across the full width of a lot between the rear lot line of the lot, or where there is no rear lot line, the junction point of the side lot lines, and the nearest wall of the nearest main building or structure on the lot; (e) "Rear Yard Depth" shall mean the shortest horizontal dimension of a rear yard of a lot between the rear lot line of the lot, or where there is no rear lot line, the junction point of the side lot lines, and the nearest wall of the nearest main building or structure on the lot; (0 "Side Yard" shall mean a yard of a lot extending from the front yard to the rear yard, and from the side lot line to the nearest wall of the nearest main building or structure on the lot; (g) "Side Yard Width" shall mean the shortest horizontal dimension of a side yard of a lot between the side lot line and the nearest wall of the nearest main building or structure on the lot; 07 08 -5- ~RCVISION$ (~) Uses Permitted ("MC-19" Zone) No person shall within the lands designated "MC-19" on Schedule I attached hereto, use any lot or erect, alter, or use any building or structure for any purpose except the following: (a) bakery; (b) business office; (c) club; (d) commercial club; (e) commercial-recreational establishment; (f) commercial school; (g) dry cleaning depot; (h) dry cleaning establishment; (i) food preparation plant; (j) light manufacturing plant; (k) manufacturing plant; (I) merchandise service shop; (m) personal service shop; (n) place of assembly; (o) place of amusement or entertainment; (p) place of worship; (q) printing establishment; (r) professional office; (s) rental establishment; (t) restaurant - Type A; (u) sales outlet; (v) scientific, medical or research laboratory; (w) vehicle repair shop; (x) vehicle sales or rental establishment; (y) warehouse; (2) Zone Requirements ("MC-19" Zone) No person shall within the lands designated "MC-19" on Schedule I attached hereto, use any lot or erect, alter or use any building except in accordance with the following provisions: (a) OUTDOOR STORAGE: A Open storage shall not be permitted; (b) FRONT YARD DEPTH REQUIREMENTS (minimum): 15 metres (c) SIDE YARD WIDTH REQUIREMENTS (minimum): 6.5 metres (d) REAR YARD DEPTH REQUIREMENTS (minimum): 7.5 metres (e) PARKING REQUIREMENTS (minimum): A B 415 spaces Sections 5.21.2 (a) and (b) of By-law 2511 shall not apply; Notwithstanding section 5.21.2 (g) of By-law 2511, all parking areas shall be surfaced with brick, asphalt or concrete, or any combination thereof; (f) BUILDING SIZE (maximum aggregate, all buildings on the lands): 23200 square metres (g) BUILDING HEIGHT (maximum): 12 metres (h) SPECIAL REGULATIONS: A A sales outlet, accessory to a permitted industrial operation, shall only be permitted provided the gross leasable area of the sales outlet does not exceed 25% of the gross leasable floor area of the related industrial operation; B Notwithstanding Clause A above, a sales outlet may exceed 25% up to a maximum of 40% of the gross leasable floor area of the related industrial operation, provided the aggregate gross leasable floor area of all sales outlets in a building does not exceed 25% of the total gross leasable floor area in that building; C The aggregate gross leasable floor area of all clubs, commercial dubs, commercial schools, commercial-recreational establishments, dry cleaning depots, personal service shops, places of assembly, places of amusement or entertainment, places of worship, and restaurants - type A on the lots shall not exceed 50% of the gross leasable floor area of all buildings on the lot; D The maximum gross leasable floor area for any personal service shop, or restaurant - Type A shall be 325 square metres; E The maximum aggregate gross leasable floor area shall be: (i) for all personal service shops on the lands: 325 square metres (ii) for all restaurants- Type A on the lands: 325 square metres Notwithstanding any other provision in this By-law, a waste transfer and management facility shall not be permitted on lands designated "MC-19" on Schedule I attached hereto. 09 10 -7- E~Y-LAW 25~ I By-law 2511 is hereby amended only to the extent necessary to give effect ro the provisions of this By-law as it applies to the area set out in Schedule I attached hereto. Definitions and subject matters not specifically dealt with in this By-law shall be governed by relevant provisions of By-law 2511. EFFECTIVE DATE This By-law shall take effect from the day of passing hereof. BY-LAW read a first, second and third time and finally passed this February ,2004. 2nd day of David Ryan, Mayor Bruce Taylor, Clerk MC-19 SCHEDULE I TO BY'LAW PASSED THIS 2nd DAY OF February 2004 6254/04 MAYOR CLERK 12 THE CORPORATION OF THE CITY OF PICKERING BY-LAW NO. Being a By-law to amend Restricted Area Zoning By-law 2511, to implement the Official Plan of the City of Pickering, Region of Durham, Part of Lot 19, Range 3, City of Pickering. (A 21/03) WHEREAS the Council of the Corporation of the City of Pickering deems it desirable to permit additional industrial and commercial uses within the existing building on the subject lands, being Part of Lot 19, Range 3, City of Pickering; AND WHEREAS an amendment to By-law 2511 is therefore deemed necessary; NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE CITY OF PICKERING HEREBY ENACTS AS FOLLOWS: SCHEDULE I Schedule I attached hereto with notations and references shown thereon is hereby declared to be part of this By-law. AREA RESTRICTED The provisions of this By-law shall apply to those lands in Part of Lot 19, Range 3, City of Pickering, designated "MC-18" on Schedule I attached hereto. GENERALPROVISIONS No building, land or part thereof shall hereafter be used, occupied, erected, moved, or structurally altered except in conformity with the provisions of this By-law. DEFINITIONS In this By-law, (1) "Bakery" shall mean a building or part of a building in which food products are baked, prepared and offered for retail sale, or in which food products baked and prepared elsewhere are offered for retail sale; (2) "Business Office" shall mean any building or part of a building in which one or more persons are employed in the management, direction or conducting of an agency, business, brokerage, labour or fraternal organization and shall include a telegraph office, newspaper plant and a radio or television broadcasting station and its studios or theatres, but shall not include a retail store; (3) "Club" shall mean a building or part of a building in which a not-for-profit or non-commercial organization carries out social, cultural, welfare, athletic or recreational programs for the benefit of the community; (4) "Commercial Club" shall mean an athletic or recreational club operated for gain or profit and having public or private membership, but shall not include an adult entertainment parlour as defined herein; (5) "Commercial-Recreational Establishment" shall mean a commercial establishment in which indoor recreational facilities are provided, and which may include an athletic or recreational club, but shall not include any uses permissible within a place of amusement or entertainment as defined herein; (6) (7) "Commercial School" shall mean a school which is operated for gain or profit and may include the studio of a dancing teacher or music teacher, an art school, a golf school or any other school operated for gain or profit; "Dry Cleaning Depot" shall mean a building or part of a building used for the purpose of receiving articles, goods, or fabrics to be subjected to dry cleaning and related processes elsewhere, and of distributing articles, goods or fabrics which have been subjected to such processes; 13 "Dry Cleaning Establishment" shall mean a building or part of a building where articles, goods or fabric are subjected to dry cleaning and related processes, are received or distributed, or where a dry cleaning plant is operated, or both, and which may include the laundering, pressing or incidental tailoring or repair of articles, goods or fabric; (9) "Food Preparation Plant" shall mean a building or part of a building in which processed food products are cooked, baked, mixed, packaged or otherwise prepared for distribution to retail or institutional outlets; (10) "Gross Leasable Floor Area" shall mean the aggregate of all storeys above or below established grade, designed for owner or tenant occupancy or exclusive use only, but excluding storage areas below established grade; (11) "Li.qht Manufacturing Plant" shall mean a manufacturing plant used for: the production of apparel and finished textile products other than the production of synthetic fibers; printing or duplicating; the manufacture of finished paper other than the processing of wood pulp; the production of cosmetics, drugs and other pharmaceutical supplies; or, the manufacture of finished lumber products, light metal products, electronic products, plasticware, porcelain, earthenware, glassware or similar articles, including but not necessarily restricted to, furniture, housewares, toys, musical instruments, jewellery, watches, precision instruments, radios and electronic components; (12) (a) "Lot" shall mean an area of land fronting on a street which is used or intended to be used as the site of a building, or group of buildings, as the case may be, together with any accessory buildings or structures, or a public park or open space area, regardless of whether or not such lot constitutes the whole of a lot or block on a registered plan of subdivision; (b) "Lot Covera.qe" shall mean the percentage of lot area covered by all buildings on the lot; (c) "Lot Frontaqe" shall mean the width of a lot between the side lot lines measured along a line parallel to and 7.5 metres distant from the front lot line; (13) "Manufacturinq Plant" shall mean a building or part of a building in which is carried on any activity or operation pertaining to the making of any article, and which shall include altering, assembling, repairing, ornamenting, finishing, cleaning, polishing, washing, packing, adapting for sale, breaking up or demolishing the said article; (14) "Merchandise Service Shop" shall mean an establishment where articles or goods including, but not necessarily limited to, business machines, appliances, furniture or similar items are repaired or serviced, and includes the regular place of business of a master electrician or master plumber, but shall not include a manufacturing plant or any establishment used for the service or repair of vehicles or a retail store; 14 (15) (16) (17) (18) (19) (20) (21) (22) (23) (24) -3- "Personal Service Shop" shall mean an establishment in which a personal service is performed and which may include a barber shop, a beauty salon, a shoe repair shop, a tailor or dressmaking shop or a photographic studio, but shall not include a body-rub parlour as defined in section 224(9)(b) of the Municipal Act, R.S.O. 1990, as amended from time-to-time, or any successor thereto; "Place of Amusement or Entertainment" shall mean a building or part of a building in which facilities are provided for amusement or entertainment purposes, and which may include a billiard or pool room, a dance hall, a music hall, a theatre, but shall not include a room or an area used for any video lottery terminal use as governed by the Gaming Services Act, an adult entertainment parlour as defined in the Municipal Act, R.S.O. 1990, as amended from time-to-time, or any successor thereto; "Place of Assembly" shall mean a building or part of a building in which facilities are provided for civic, educational, political, recreational, religious or social meeting purposes and may include facilities for entertainment purposes such as musical and theatrical performances, but shall not include a place of amusement or entertainment as defined herein; "Place of Worship" shall mean a building or part of a building dedicated to religious worship and may include a church, synagogue, temple or assembly hall along with accessory office space and nursery facilities, but shall not include a day nursery, day care centre or nursery school; "Printinq Establishment" shall mean an establishment used for blueprinting, engraving, electro-typing, photocopying, plotting from disk, printing, stereotyping or typesetting; "Professional Office" shall mean a building or part of a building in which medical, legal or other professional service is performed or consultation given, and which may include a clinic, the offices of an architect, a chartered accountant, an engineer, a lawyer or a physician, but shall not include a body-rub parlour as defined by the Municipal Act, R.S.O. 1990, c.M. 45, as amended from time-to-time, or any successor thereto; "Rental Establishment" shall mean a building or part of a building in which goods, wares, merchandise, substanceS, articles or things are offered or kept for offer for rent directly to the public, but does not include the rental of motor vehicles, and does not include a video store; "Restaurant - Type A" shall mean a building or part of a building where food is prepared and offered or kept for retail sale to the public for immediate consumption on the premises or off the premises, or both on and off the premises; "Sales Outlet" shall mean a building or part of a building accessory to a bakery, a food preparation plant, a light manufacturing plant, a manufacturing plant, a merchandise service shop, a printing establishment, or a warehouse, wherein products manufactured, produced, processed, stored, serviced or repaired on the premises are kept or displayed for rent or for wholesale or retail sale, or wherein orders are taken for future delivery of such products; "Scientific, Medical or Research Laboratory" shall mean a building or part of a building wherein scientific, research or medical experiments or investigations are systematically conducted, or where drugs, chemicals, glassware or other substances or articles pertinent to such experiments or investigations may be manufactured or otherwise prepared for use on the premises; -4- (26) (27) (28) (29) "Vehicle Repair ShoD" shall mean an establishment containing facilities for the repair and maintenance of vehicles on the premises, in which vehicle accessories are sold and vehicle maintenance and repair operations are performed, but shail not include a body shop or any establishment engaged in the retail sale of motor vehicle fuels; "Vehicle Sales or Rental Establishment" shall mean an establishment used for the sale, service, rent or lease of vehicles and which may include as an accessory use thereto a vehicle repair shop, but shall not include any establishment engaged in the retail sale of motor vehicle fuels; "Warehouse" shall mean a building or part of a building which is used primarily for the housing, storage, adapting for sale, packaging, or wholesale distribution of goods, wares, merchandise, food-stuffs, substances, articles or things, and includes the premises of a warehouseman but shall not include a fuel storage tank except as an accessory use; and "Waste Transfer and Mana.qement Facility" shall mean a building or part of a building which is used primarily for the storage, handling or processing of household, institutional, commercial or industrial waste; (a) __ "Yard" shall mean an area of land which is appurtenant to and located on the same lot as a building or structure and is open, uncovered, and unoccupied above ground except for such accessory buildings, structures, or other uses as are specifically permitted thereon; (b) "Front Yard". shall mean a yard extending across the full width of a lot between the front lot line of the lot and the nearest wall of the nearest main building or structure on the lot; (c) "Front Yard Depth" shall mean the shortest horizontal dimension of a front yard of a lot between the front lot line and the nearest wall of the nearest main building or structure on the lot; (d) "Rear Yard" shall mean a yard extending across the full width of a lot between the rear lot line of the lot, or where there is no rear lot line, the junction point of the side lot lines, and the nearest wall of the nearest main building or structure on the lot; (e) "Rear Yard Depth" shall mean the shortest horizontal dimension of a rear yard of a lot between the rear lot line of the lot, or where there is no rear lot line, the junction point of the side lot lines, and the nearest wall of the nearest main building or structure on the lot; (f) "Side Yard" shall mean a yard of a lot extending from the front yard to the rear yard, and from the side lot line to the nearest wall of the nearest main building or structure on the lot; (g) "Side Yard Width" shall mean the shortest horizontal dimension of a side yard of a lot between the side lot line and the nearest wall of the nearest main building or structure on the lot; (h) "Flanka.qe Side Yard" shall mean a side yard immediately adjoining a street or abutting on a reserve on the opposite side of which is a street; (i) "Flanka.qe Side Yard Width" shall mean the shortest horizontal dimension of a flankage side yard of a lot between the lot line adioining a street or abutting on a reserve on the opposite side of which is a street, and the nearest wall of the nearest main building or structure on the lot; and (j) "Interior Side Yard" shall mean a side yard other than a flankage side yard. 16 -5- PROVIS;ONS (~) Uses Permitted ("MC-18" Zone) No person shall within the lands designated "MC-18" on Schedule I attached hereto, use any lot or erect, alter, or use any building or structure for any purpose except the following: (a) bakery; (b) business office; (c) club; (d) commercial club; (e) commercial-recreational establishment; (f) commercial school; (g) dry cleaning depot; (h) dry cleaning establishment; (i) food preparation plant; (j) light manufacturing plant; (k) manufacturing plant; (I) merchandise service shop; (m) personal service shop; (n) place of assembly; (o) place of amusement or entertainment; (p) place of worship; (q) printing establishment; (r) professional office; (s) rental establishment; (t) restaurant - Type A; (u) sales outlet; (v) scientific, medical or research laboratory; (w) vehicle repair shop; (x) vehicle sales or rental establishment; (y) warehouse; (2) Zone Requirements ("MC-18" Zone) No person shall within the lands designated "MC-18" on Schedule I attached hereto, use any lot or erect, alter or use any building except in accordance with the following provisions: (a) OUTDOOR STORAGE: A Open storage shall not be permitted; (b) FRONT YARD DEPTH REQUIREMENTS (minimum): 15 metres (c) INTERIOR SIDE YARD WIDTH REQUIREMENTS (minimum): 7.5 metres (d) FLANKAGE SIDE YARD WIDTH REQUIREMENTS (minimum): 15 metres (e) REAR YARD DEPTH REQUIREMENTS (minimum): 7.5 metres (f) PARKING REQUIREMENTS (minimum): A 140 spaces (g) _,~_ Sections 5.21.2 (a) and (b) of By-law 2511 shall not apply; C Notwithstanding section 5.21.2 (g) of By-law 2511, all parking areas shall be surfaced with brick, asphalt or concrete, or any combination thereof; BUILDING SIZE (maximum aggregate, all buildings on the lands): 6750 square metres (h) BUILDING HEIGHT (maximum): (i) 12 metres SPECIAL REGULATIONS: A A sales outlet, accessory to a permitted industrial operation, shall only be permitted provided the gross leasable area of the sales outlet does not exceed 25% of the gross leasable floor area of the related industrial operation; B Notwithstanding Clause A above, a sales outlet may exceed 25% up to a maximum of 40% of the gross leasable floor area of the related industrial operation, provided the aggregate gross leasable floor area of all sales outlets in a building does not exceed 25% of the total gross leasable floor area in that building; C The aggregate gross leasable floor area of all clubs, commercial dubs, commercial schools, commercial-recreational establishments, dry cleaning depots, personal service shops, places of assembly, places of amusement or entertainment, places of worship, and restaurants - type A on the lots shall not exceed 25% of the gross leasable floor area of all buildings on the lot; The maximum gross leasable floor area for any personal service shop, or restaurant - Type A shall be 325 square metres; The maximum aggregate gross leasable floor area shall be: (i) for all personal service shops on the lands: 325 square metres (ii) for all restaurants - Type A on the lands: metres 325 square Notwithstanding any other provision in this By-law, a waste transfer and management facility shall not be permitted on lands designated "MC-18" on Schedule I attached hereto; 18 BY-LAW 25t I By-law 2511 is hereby amended only to the extent necessary to give effect to the provisions of this By-law as it applies to the area set out in Schedule I attached hereto. Definitions and subject matters not specifically dealt with in this By-law shall be governed by relevant provisions of By-law 2511. EFFECTIVE DATE This By-law shall take effect from the day of passing hereof. BY-LAW read a first, second and third time and finally passed this F~h r~l~ry , 2004. 2nd day of David Ryan, Mayor Bruce Taylor, Clerk MC-18 SCHEDULE Z TO BY-LAW 6255/04 PASSED THIS 2r~d DAY OF February 2004 MAYOR CLERK PLANNING & DEVELOPMENT DEPARTMENT MEMORANDUM Januaw 16,2004 To: From: Subject: Bruce Taylor City Clerk Steve Gaunt Planner II Technical Amendment to By-law 5949/02, enacted to implement Zoning By-law Amendment Application A 33/00 802226 Ontario Limited Part of Lot 18, Concession 1 Parts 6 - 8, 12 and 13, Plan 40R-10635 (1048 Toy Avenue) City of Pickering Council adopted Resolution #08/02, Item #1 to approve the above-noted application to add a vehicle service and repair shop to the permitted uses on the subject lands on January 21, 2002. There were no conditions of approval. The draft by-law was circulated, approved by the applicant and By-law 5949/02 was passed by City Council at its meeting held February 4, 2002. The Statutory Public meeting was held for this application on March 22, 2001. As no appeals were made to the passage of the by-law, City of Pickering Zoning By-law 5949/02 became final and binding on the date of its passing. A location map is attached for information. " Subsequently, it was brought to the attention of staff that By-law 5949/02 does not fully reflect the request of the applicant or the intent of Council. While By-law 5949/02 added "vehicle service and repair" as a permitted use, in line with Council's approval and the applicant's request, the By-law inadvertently deleted the "sale, rental or lease of vehicles" as a permitted use. The attached draft amends the By-law passed by Council at its meeting of February 4, 2002 by replacing 'Vehicle Service and Repair Shop' with 'Vehicle Sales, Service and Repair Shop'. The changes are considered technical and 'housekeeping' in nature and implement the intent of Council Resolution #08/02, Item #I, adopted January 21,2002. Technical Amendment to uy-L~w 5949102 Januaw 1,:~,, 2004 Page 2 Should Council choose to pass the implementing zoning by-law as provided, Council should also adopt the following resolution at the Council Meeting, prior to passing the by-law: "That the modifications to By-law 5949/02, to add the use of vehicle sales to the list of permitted uses is technical in nature and clarifies the original intent of Council and, therefore, no further notice is required to be given with respect to By-law 5949/02." Please note that, subject to the above, this by-law may be given all three readings at the February 2, 2004 Council meeting. The purpose and effect of this by-law is to amend the Zoning By-law, in order to permit the addition of vehicle sales to the permitted uses on the property, as requested by the applicant in application A 33/00 and approved by City Council at its meeting held January 21,2002. If you require further assistance or clarification, please do not hesitate to contaCt me at extension 2033. I concur that this by-law be considered at this time: DireCtor, P~?~0~/& Development SG:jf sg/miscJToyAveBy, lawMemoToC~erk Attachment Steve Gaunt 22 CIRCLE PLUMMER STREET QUARTZ L City of Pickering BAYLY  ~'~ ORANGEBRiOK C ;T TOY STREET Planninc & Development Department PROPERTY DESCRIPTION PART OF LOT 18, CONCESSION 1, PARTS 6,7,8,12 & 13 40R-10635 OWNER 8O2226 ONTARIO INC. DATE JAN. 14, 2004 DRAWN BY JB FILE No. A 33/00 SCALE 1:7500 CHECKED BY SG FOR DEPARTMENT USE ONLY PN-4 PA- CORPORATION OF THE CITY OF PICKERING BY-LAW NO. 6256/04 23 Being a By-law to amend Restricted Area (Zoning) By-law 2511, as amended, to implement the Official Plan of the City of Pickering, Region of Durham in Part of Lot 18, Concession 1, (Parts 6 to 8, 12 & 13, 40R-10635) in the City of Pickering. (A 33/00) WHEREAS the Council of the Corporation of the City of Pickering passed By-law 5949/02, amending By-law 2511, to permit the addition of vehicle service and repair shop uses on the subject lands; AND WHEREAS the Council of the Corporation of the City of Pickering now deems it desirable to further amend By-law 2511, as amended by By-law 5949/02, to further permit vehicle sales uses on the subject lands; AND WHEREAS an amendment to By-law 2511, as amended, necessary; is therefore deemed NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE CITY OF PICKERING HEREBY ENACTS AS FOLLOWS: 1. Text Amendment (1) Section 4. DEFINITIONS, is hereby amended by rescinding definition number (14) "Vehicle Service and Repair Shop" and replacing said definition with the following: "(14) "Vehicle Sales, Service and Repair Shop~i shall mean an establishment containing facilities for the sales, rental, lease, service and/or repair of vehicles on the premises, in which vehicle accessories may be sold, but shall not include the retail sale of motor vehicle fuels;" (2) Section 5. PROVISIONS, Subsection (1) Uses Permitted ('~MC-16" Zone), Clause (i) vehicles service and repair shop, of Byqaw 5949/02, is hereby rescinded and replaced with the following: "(i) Vehicle Sales, Service and Repair Shop"; (3) Section 5. PROVISIONS., Subsection (2) Zone Requirements ("MC-16" Zone), Clause (i) SPECIAL REGULATIONS, Subclause B is hereby rescinded and replaced with the following: "B A vehicle sales, service and repair shop shall be permitted only in the area hatched on Schedule I attached to this By-law." 2. BY-LAW 2511 By-law 2511, as amended by By-law 5949/02, is hereby further amended only to the extent necessary to give effect to the provisions of this By-law as it applies to the area set out in Schedule I to By-law 5949/02. Definitions and subject matters not specifically dealt with in this By-law shall be governed by relevant provisions of By-law 2511, as amended. 24 -2- 3. E. FFE. CTIVE ~ATE This By-law shall come into force in accordance with the provisions of the Planning Act. BY-LAW read a first, second, and third time and finally passed this 2.d day of February ,2004. David Ryan, Mayor Bruce Taylor, Clerk THE CORPORATION OF THE CITY OF PICKERING 25 BY-LAW NQ~?/o~_ 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, 200'/, 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 Picketing 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 intedm 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, ail notices of taxes required in accordance with the provisions of the Municipal Act, 2001, S.C.c. 25, as amended, to the address of the residence or place of business or to the premises in respect of which the taxes are payable unless the taxpayer directs the treasurer in writing to send the bill to another address, in which case it shall be sent to that address. Notices will not be mailed to tenants. It is the responsibility of the person taxed to notify and collect taxes from tenants or other persons. 26 The ~'reasurer is hereby authorized to accept part payment from time to time on account of any taxes due, in accordance with the provisions of subsection 347 (I) and (2) of the Municipal Act 2001, S.O.c.25 as amended, and to give e ~eceipt for such part payment under Section 346 (1) of the Municipal 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 2001 ,, 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; or either date adjusted by the Director, Corporate Services & Treasurer. Except in the case of taxes payable in respect of assessments made under Sections 33 and 34 of the Assessment Act, R.S.O. 1990, c,A31, as amended, the late payment charge of one and one-quarter percent for non-payment of taxes and monies payable as taxes shall be added as a penalty to every tax or assessment, rent or rate of any installment or part thereof remaining unpaid on the first day of default and on the first day of each calendar month thereafter in which such default continues pursuant to subsections 345 (1), (2) and (3) of the Municipal Act 2001, S.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 pedod, 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 governing the collection of taxes. 12. Where tenants of land owned by the Crown or in which the Crown has an interest are Iiable for the payment of taxes and where any such tenant has been employed either within or outside the municipality by the same employer for not less than thirty days, such employer shall pay over to the Treasurer on demand out of any wages, salary or other 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. 13. If any section or portion of this By-law is found by a court of competent jurisdiction to be invalid, it is the intent of Council for the Corporation of the City of Picketing that all remaining sections and portions of this By-law continue in force and effect. I~. That this by-law is to come into effect on the !st day of Januanj, 2004. 3Y-LAW read a first, second and third time and finally passed this 2nd day of February, 2004. David Ryan, Mayor Bruce Taylor, Clerk 2? 28 THE CORPORATION OF THE CITY OF PICKERING BY-LAW NO. 6258/04 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 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-1649, Picketing, 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-1649, 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: · Fiddlers Court BY-LAW read a first, second and third time and finally passed this 2nd day of February, 2004. David Ryan, Mayor Bruce Taylor, Clerk THE CORPORATION OF THE CITY OF PIOKERING BY-LAW NO6259/04 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: Fiddlers Court, Plan 40M-1649, City of Picketing, Regional Municipality of Durham. BY-LAW read a first, second and third time and finally passed this 2® day of February, 2004. David Ryan, Mayor Bruce Taylor, Clerk 3O THE CORPORATION OF THE CITY OF PICKERING BY-LAW NO.6260/04 Being a By-law to dedicate Blocks 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 2® day of February, 2004. David Ryan, Mayor Bruce Taylor, Clerk THE CORPORATION OF THE CITY OF PICKERING BY-LAW NO. 626~./0,~ 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, 1990, 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 2® day of February, 2004. David Ryan, Mayor Bruce Taylor, Clerk THE CORPORATION OF THE CITY OF PICKERING BY-LAW NO. 6262/04 Being a By-law to assume roads and services under the jurisdiction of The Corporation of the City of Pickering in Plan 40M-1653, Pickering 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 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-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 2nd day of February, 2004. David Ryan, Mayor Bruce Taylor, Clerk THE CORPORATION OF THE CITY OF PICKERING 33 BY-LAW NO. 6263/04 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: 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 2nd day of February, 2004. David Ryan, Mayor Bruce Taylor, Clerk THE CORPORATION OF THE CITY OF PICKERING BY-LAW NO~g,~./n,~ Being a By-law to authorize the release and removal of the Subdivision Agreement respecting Plan 40M-1653, 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, 1990, Notice of which was registered as Instrument No. LT536738 and which Agreement was amended on September 16, 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: 1. 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, Piokering. BY-LAW read a first, second and third time and finally passed this 2nd day of February, 2004. David Ryan, Mayor Bruce Taylor, Clerk THE CORPORATION OF THE CITY OF PICKERING 35 BY-LAW NO. 6265/04 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, Pickering, 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 Pickering 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, 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 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 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 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: Regal Crescent Darwin Drive BY-LAW read a first, second and third time and finally passed this 2® day of February, 2004. David Ryan, Mayor Bruce Taylor, Clerk 36 THE CORPORATION OF THE CITY OF PICKERING BY-LAW NO. ~')~/n4 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.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, Pickering, 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 2nd day of February, 2004. David Ryan, Mayor Bruce Taylor, Clerk 37 THE CORPORATION OF THE CITY OF PICKERING BY-LAW NO67.67/04 Being a By-law 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 Pickering 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 Picketing, respecting the development of Plan 40M-1657, Pickering. BY-LAW read a first, second and third time and finally passed this 2nd day of February, 2004. David Ryan, Mayor Bruce Taylor, Clerk 38 THE CORPORATION OF THE CITY OF PICKERING BY-LAW NO. 6268/04 Being a By-law to assume roads and services under the jurisdiction of The Corporation of the City of Pickering in Plan 40M-1663, Pickering and to assume Arathorn 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 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, ¢. 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, 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-1663, Pickering, including the storm drainage system and related appurtenances, are hereby accepted and assumed for maintenance by the City of Picketing. 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 2® day of February, 2004. David Ryan, Mayor Bruce Taylor, Clerk 3,9 THE CORPORATION OF THE CITY OF PICKERING BY-LAW NO.~.~/n,~ 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.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 HI~REBY ENACTS AS FOLLOWS: Schedule A to By-law 1416/82, as amended, is hereby further amended by adding thereto the following: Arathom Court, Plan 40M-1663, City of Pickering, Regional Municipality of Durham. BY-LAW read a first, second and third time and finally passed this 2nd day of February, 2004. David Ryan, Mayor Bruce Taylor, Clerk 4O THE CORPORATION OF THE CITY OF PICKERING BY-LAW N0~27o/o4 Being a By-law to authorize the release and removal of the Agreement respecting Plan 40M-1663, Picketing, from title. WHEREAS pursuant to the Planning Act, R.S.O. 1990, ¢. 13, s. 50, or a predecessor thereof, The Corporation of the Town of Picketing 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, Pickering; 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 Pickering 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 Pickering, respecting the development of Plan 40M-1663, Pickering. BY-LAW read a first, second and third time and finally passed this 2® day of February, 2004. David Ryan, Mayor Bruce Taylor, Clerk THE CORPORATION OF THE CITY OF PICKERING BY-LAW NO. R')71 ./¢)zt Being a By-law 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 Picketing in Plan 40M-1664 have been completed to the City's satisfaction; and WHEREAS Strathmore Crescent and Wildwood Crescent are highways shown on Plan 40M-1664 with the City of Pickering having jurisdiction over them; and WHEREAS pursuant to the MunicipalAct, 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 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-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 Picketing: · Strathmore Crescent · Wildwood Crescent BY-LAW read a first, second and third time and finally passed this 2nd day of February, 2004. David Ryan, Mayor Bruce Taylor, Clerk THE CORPORATION OF THE CITY OF PICKERING BY-LAW NO.6272/04 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: 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 2nd day of February, 2004. David Ryan, Mayor Bruce Taylor, Clerk THE CORPORATION OF THE CITY OF PICKERING BY-LAW NO~?.~/r~4 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 Pickering HEREBY ENACTS AS FOLLOWS: 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 2nd day of February, 2004. David Ryan, Mayor Bruce Taylor, Clerk THE CORPORATION OF THE CITY OF PICKERING BY-LAW NOfi274/o4 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-1664, 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 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 Pickering, respecting the development of Plan 40M-1664, Pickering. BY-LAW read a first, second and third time and finally passed this 2nd day of February, 2004. David Ryan, Mayor Bruce Taylor, Clerk THE CORPORATION OF THE CITY OF PICKERING BY-LAW NO. 6?7s/n4 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 Cyrno 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, 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 May 4, 1992, Notice of which was registered as Instrument No. LT617688 between Cyrno Holdings Inc. and The Corporation of the City of Pickering, respecting the development of Plan 40M-1705, Picketing. BY-LAW read a first, second and third time and finally passed this 2nd day of February, 2004. David Ryan, Mayor Bruce Taylor, Clerk THE CORPORATION OF THE CITY OF PICKERING BY-LAW NO. 6276/04 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 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 MunicipalAct, 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 Pickering: · Crossing Court · Major Oaks Road · Meriadoc Drive BY-LAW read a first, second and third time and finally passed this 2nd day of February, 2004. David Ryan, Mayor Bruce Taylor, Clerk THE CORPORATION OF THE CITY OF PICKERING BY-LAW NO. 6277/04 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.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: 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 2nd day of February, 2004. David Ryan, Mayor Bruce Taylor, Clerk THE CORPORATION OF THE CITY OF PICKERING BY-LAW NO~;278/04 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 2® 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 MunicipalAct, 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-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 sen/ices 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 2nd day of February, 2004. David Ryan, Mayor Bruce Taylor, Clerk THE CORPORATION OF THE CITY OF PICKERING BY-LAW NO. 6280/0J, 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, ¢. 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 2® day of February, 2004. David Ryan, Mayor Bruce Taylor, Clerk THE CORPORATION OF THE CITY OF PICKERING BY-LAW NO.~ ~/n~ Being a By-law to authorize the release and removal of the Subdivision Agreement respecting Plan 40M-1757, 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 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 2nd day of February, 2004. David Ryan, Mayor Bruce Taylor, Clerk THE CORPORATION OF THE CITY OF PICKERING BY-LAW NO6282/O4 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, 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 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 2nd day of February, 2004. David Ryan, Mayor Bruce Taylor, Clerk THE CORPORATION OF THE CITY OF PICKERING BY-LAW NO. 6283/04 53 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: 1. Section 1 to By-law Number 5422/98 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 2. 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 Bruce Taylor, City Clerk 54 -THE CORPORATION OF THE C~TY OF P!CKERING BY-LAW NO. 6284/04 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 2359187 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: Highway 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 SCHEDULE "A" THE CORPORATION OF THE C~TY OF PICKERING BY-LAW NO.6~5/n4 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 Picketing (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: 1. 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 2ndl day of February 2004. Dave Ryan, Mayor Bruce Taylor, City Clerk 56 SCHEDULE "A" THIS MANAGEMENT AGREEMENT made January 1, 2004, pursuant to the provisions of sections '110 of the Municipal Act, 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" OFTHESECOND 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 WITNESSETH 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) the provision of care taking and general maintenance services to the 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. 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. MAINTENANCE (a) The City shall be responsible for ail 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. 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) 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 ail 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 improvements, trade fixtures, furniture and equipment installed by or on behalf of the Club therein and the making by the C, lub 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. III. 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. 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) forquiet 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. 11. '?, !nstsila[ion ,~f ,' ' · ,morovemen~s & 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 wod( to be performed in the Premises shall be performed by competent contractors and subcontractors of whom the City shall have approved, such approval 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. (3) 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. INSURANCE & LIABILITY (1) Club's Insurance The Club shall take out and keep in force during the Term: 4 60 (2) (a) comprehensive insurance of the type commoniy 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, ail 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, 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. 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 shatl indemnify and save harmiess the City in respec: 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. 12. 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. 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. 62 (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. 14. REMEDIES OF CITY (~) 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 law, (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 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. (2) 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. (3) 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, 7 (4) repossess an(] enjoy as of its former estate, anything in this Management Agreement contained to the contrary notwithstanding. Termination & Re~Ent~ (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. 15. 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) Re.qistration of Manaqement Agreement (2) Neither the Club nor the City shall register this Management Agreement or a notice of this Management Agreement. Manaqement Agreement Constitutes Entire Agreement 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 8 63 64 (3) (4) (5) 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. 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, cio 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. 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. Extent of Mana.qement A,qreement Obliqations 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 NOTICE OF MOTION DATE: FEBRUARY 2, 2004 MOVED BY: COUNCILLOR BRENNER SECONDED BY: COUNCILLOR HOLLAND WHEREAS at the time that Scarborough Centenary and Ajax/Pickering Hospitals amalgamated under the umbrella of the Rouge Valley Health System, a commitment was made by the restructuring commission that the communities of Pickering and Ajax would not lose a full service hospital; and WHEREAS municipal governments in the Region of Durham have provided financial support to the Rouge Valley Health System on the understanding that the Ajax/Pickering Hospital would continue as a full service hospital; and WHEREAS numerous service clubs and other organizations have also raised money in support of the expansion of the Ajax/Pickering Hospital and services provided therein such as the Maternity Unit on the understanding that Ajax/Pickering Hospital would continue as a full service facility; and WHEREAS the Rouge Valley Health System has undertaken a review of its strategic plan without consulting its key stakeholders such as the residents who use the hospital, the doctors, nurses and other professional staff that work within the System and the local governments and organizations that fund the hospital; and WHEREAS this review has led to a decrease in the level of service provided by the Maternity Unit and the number of acute care beds; NOW THEREFORE the Council of the Corporation of the City of Pickering hereby requests that the decision of the Board of Directors of the Rouge Valley Health System to decrease the number of acute care beds at the Ajax/Pickering Hospital by 25% from 59 to 45 be reversed; and FURTHER THAT the decision to discontinue Level Two birthing procedures at Ajax/Pickering Hospital be reversed; and FURTHER THAT a full and open consultation with all stakeholders involved with the Rouge Valley Health System take place before the Board of Directors makes any restructuring decisions; and FURTHER THAT this resolution be copied to: Regional Municipality of Durham Town of Ajax Hon. George Smitherman, Minister of Health and Long Term Care Wayne Arthurs, MPP CARRIED: Btaylor:Notices of Motion:Rouge Valley Health System MAYOR NOTICE OF MOTION DATE: FEBRUARY 2, 2004 MOVED BY: COUNCILLOR BRENNER SECONDED BY: COUNCILLOR HOLLAND WHEREAS the Durham Region Transit Improvement Plan identified potentially significant benefits that would accrue from further amalgamation of local conventional and specialized transit services within the Region and recommended that a business case analysis be undertaken to determine the costs, benefits and implications associated with further amalgamation of local transit services in Durham; and WHEREAS in 2001, Durham's Draft Transportation Master Plan recommended an implementation strategy to create integrated, Region-wide conventional and specialized transit service in Durham; and WHEREAS other upper tier transit systems have capitalized on funding opportunities from senior levels of government that appear to be unavailable to lower tier providers due to the nature and scope of the funding mechanisms; and WHEREAS the Durham Community Strategic Plan included a strategic action to develop a viable, affordable and integrated transit system within the Region and linking with the rest of the Greater Toronto Area; and WHEREAS the Region of Durham may have greater opportunities to encourage enhanced GO services through Durham; NOW THEREFORE BE IT RESOLVED THAT as it would be a requirement under the Municipal Act, 2001 for a triple majority in order for the upper tier to assume full responsibility for transit, the Council of the Corporation of the City of Pickering hereby supports the Regional Municipality of Durham assuming full authority over bus passenger transportation systems currently provided at the lower tier effective July 1, 2004; and FURTHER THAT all transit capital such as transit buildings, buses and materials be transferred to the Regional Municipality of Durham; and FURTHER THAT the Regional Municipality of Durham commits to maintaining and enhancing current service levels; and FURTHER THAT a copy of this resolution be forwarded to all local municipalities and transit providers within the Region of Durham. CARRIED: Btaylor:Noflces of Motion:Transit MAYOR NOTICE OF MOTION DATE: FEBRUARY 2, 2004 MOVED BY: COUNCILLOR BRENNER SECONDED BY: COUNCILLOR MCLEAN WHEREAS the Council of the Corporation of the City of Pickering approved a pilot program in a portion of the Amberlea neighbourhood for the cart-based collection of kitchen organics on November 6, 2001; and WHEREAS this pilot program has proven to be very successful in reducing the amount of waste going to landfill and is supported by the residents who have used it; and WHEREAS due to the success of the pilot project, the kitchen organics collection program in the Amberlea neighbourhood was extended and is still ongoing; and WHEREAS Resolution #144/03 passed on October 7, 2003, endorses, in principle, the collection of kitchen organics throughout the entire City of Pickering; NOW THEREFORE the Council of the Corporation of the City of Pickering hereby requests that the Regional Municipality of Durham assume responsibility for the collection of household solid waste consisting of garbage, yard waste and separated kitchen organics in the City of Pickering effective January 1, 2004 and implement the Regional Integrated Waste Management Program; and FURTHER THAT the Region of Durham use the Norseman 46.5L Green Bin curbside container and the Norseman 7.5 L kitchen container for the kitchen organic collection program in the City of Pickering and ensure delivery of the start up package consisting of bins, paper bags, and an information booklet, consistent with the Region's recommendation of May 7, 2003; and FURTHER THAT the Region carry out and administer the kitchen organic and household collection program on the basis that there will be no reduction in services or levels of service to the residents of the City of Pickering and no costs to be incurred by the City for administration of the program. CARRIED: MAYOR Btaylor:Notices of Motion:Waste Management