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HomeMy WebLinkAboutBy-law 3133/89 THE CORPORATION OF THE TOWN OF PICKERING BY-LAW NO. 3133/89 Being a by-law to authorize the execution of an Agreement between The Corporation of the Town of Picketing and The Corporation of the Town of Ajax respecting the continuation of the Ajax/ Picketing Handi-Transit System, 1988-1990. WHEREAS pursuant to the provisions of section 210.98 of the Municipal Act, R.S.O., 1980, chapter 302, the councils of all local municipalities have the authority to acquire, establish, maintain and operate a public bus transportation system; and WHEREAS pursuant to the provisions of section 208.5 of the said Act, the councils of all municipalities have the authority to enter into agreements, inter alia, for the joint management and operation of transportation systems; and WHEREAS, Pickering and Ajax wish to continue a joint transportation system, to be operated by Picketing, for the benefit of certain handicapped persons resident within Pickering and Ajax; NOW THEREFORE, the Council of The Corporation o{ the Town of Picketing HEREBY ENACTS AS FOLLOWS: 1. The Mayor and Clerk are hereby authorized to execute an Agreement, in the form attached hereto as Schedule A, between The Corporation of the Town of Picketing and The Corporation of the Town of Ajax respecting the continuation of the Ajax/Picketing Handi-Transit System from January 1, 1988 to December 31, 1990. BY-LAW read a first, second and third time and finally passed this 15th day of May, 1989. Wayne Art3Z6rs,-Mayor TOWN Of APPROVED- AS TO £ORM THE CORPORATION OF THE TOWN OF PICKERING BY-LAW NO. 3133/89 Being a by-law to authorize the execution of an Agreement between The Corporation of the Town of Pickering and The Corporation of the Town of Ajax respecting the continuation of the Ajax/ Picker/rig Handi-Transit System, 1988-1990. WHEREAS pursuant to the provisions of section 210.98 of the Municipal Act, R.S.O., 1980, chapter 302, the councils of all local municipalities have the authority to acquire, establish, maintain and operate a public bus transportation system; and WHEREAS pursuant to the provisions of section 208.5 of the said Act, the councils of all municipalities have the authority to enter into agreements, inter alia, for the joint management and operation of transportation systems; and WHEREAS, Picketing and Ajax wish to continue a joint transportation system, to be operated by Picketing, for the benefit of certain handicapped persons resident within Picketing and Ajax; NOW THEREFORE, the Council of The Corporation of the Town of Pickering HEREBY ENACTS AS FOLLOWS: 1. The Mayor and Clerk are hereby authorized to execute an Agreement, in the form attached hereto as Schedule A, between The Corporation of the Town of Picketing and The Corporation of the Town of Ajax respecting the continuation of the Ajax/Picketing Handi-Transit System from January 1, 1988 to December 31, 1990. BY-LAW read a first, second and third time and finally passed this 15th day of May, 1989. Wayne ArtJ;rf~rs, rM~ayor Bru~e Taylor; Cle/~k Schedule A THIS AGREEMENT made as of January 1, 1988. BETWEEN: THE CORPORATION OF THE TOWN OF PICKERING hereinafter referred to as "Pickering" OF THE FIRST PART, THE CORPORATION OF THE TOWN OF AJAX hereinafter referred to as "Ajax" OF THE SECOND PART. WHEREAS, pursuant to the provisions of section 210.98 of the Municipal Act, R.S.O. 1980, chapter 302, the councils of all local municipalities have the authority to ac- quire, establish, maintain and operate a public bus transportation system; and WHEREAS, pursuant to the provisions of section 208.5 of the said Act, the councils of all municipalities have the authority to enter into agreements, inter alia, for the joint management and operation of transportation systems; and WHEREAS, Picketing and Ajax wish to continue a joint transportation system, operat- ed by Picketing, for the benefit of certain handicapped persons resident within Picketing and Ajax; NOW THEREFORE, THIS AGREEMENT WITNESSETH THAT, in consideration of the mutual covenants and agreements herein contained and subject to the terms and conditions hereinafter set out, the Parties hereto agree as follows: 1. Pickering and Ajax shall continue the joint public bus transportation system, known as "Ajax/Picketing Handi-Transit", for the purpose of the transportation within the boundaries of ~Pickering and Ajax, and to and from certain points outside those boundaries, of those residents of Aiax or Picketing who, because of a physical disability, are not able to board a regular transit facility. 2. Picketing shall be responsible for the day-to-day operation of the system, and (a) all vehicles used by the system shall be owned, maintained and insured by Picketing; and (b) all staff required in the day-to-day operation of the system shall be employees of Pickering. 3. (1) Fares and rates for the carriage of passengers shall, (a) be established by the Directors of Transportation of both Picker- ing and Ajax; (b) be the same for residents of Picketing and for residents of Ajax; (c) be subject to the approval of the Councils of each of Picketing and Ajax; and (d) be subiect to the approval of the Ontario Highway Transport Board and the Minister of Transportation as required by law. (2) Fares shall be collected and accounted for in accordance with the pro- visions of Schedule A attached hereto. 4. The eligibility of a handicapped person, and of any assistant required by such a person, to be carried as a passenger by the system shall be determined, by the chief administrative officer of Picketing. 5. (1) The system shall provide transportation for eligible handicapped persons and their eligible assistants between any point in either Pickering or Ajax an d, (a) any other point in either Picketing or Ajax; (b) Durham College of Applied Arts and Technology in Oshawa; (c) Oshawa General Hospital in Oshawa; (d) Scarborough College in Scarborough; (e) Scarborough Centenary Hospital in Scarborough, and (f) Whitby General Hospital in Whitby, subject to the approval of the Minister of Transportation; and, with respect to clauses (b) and (c), the Town of Whitby and the City of Oshawa; and, with respect to clauses (d) and (e), the Municipality of Metropolitan Toronto; and, with respect to clause (f), the Town of Whitby. (2) The days, hours and frequency of operation of the system shall be as set out in Schedule B attached hereto. 6. (1) In this section, the term (a) ~gross expense~ includes all capital expenses and all operating expenses, the latter including, but not necessarily limited to, (i) salaries, wages and employer contributions to fringe benefit costs; (ii) vehicle maintenance costs; (iii) vehicle fuel, oil, tires and parts costs; ' (iv) vehicle insurance, including liability insurance, costs; (v) audit fees and telephone charges; and (vi) building maintenance and vehicle storage costs; (b) "net expense" means gross expense less, (i) revenue from fares; ~nd (ii) revenue from other sources, such as donations; (c) 'adjusted net expense~ means net expense less, (i) Picketing North payments received from Aiax; and (ii) Picketing North payments received from Picketing. (2) (a) At the end of every calendar quarter during the term of this Agreement, each of Picketing and Ajax shall make "Picketing North payments" to the system, being contributions to compensate the system for any trips or parts of trips during that quarter within that part of the Town of Picketing north of, but not including, Concession 5 Road. (b) The amount of each town's Picketing North payments shall be the aggregate of, (i) $0.23 for each kilometre travelled, and (fi) $15.83 for each hour of travel, in the said part of the Town of Picketing on a trip or part of a trip on behalf of an eligible handicapped person resident in the payor town. (c) Beginning December 1988, during December in each year of the term hereof (except 1990), Picketing shall review the component rates then in use for the calculation of the amount of each town's Picketing North payments, and, if necessary due to reasonably expected changes in the costs to the system of the provisions of Picketing North trips or parts thereof during the next following calendar year, Picketing shall revise those component rates and advise Aiax in writing of the revisions on or before December 31, and the amount of each Town's Picketing North payments shall thereafter be calculated in accordance with those revisions until, by operation of this provision, those rates are further revised. (3) At the end of every calendar quarter during the term of this Agreement, each of Picketing and Ajax shall pay to the system that 50% of the adiust- ed net expense for that quarter. 7. In the event that either Picketing or Ajax, or both of them may sustain or incur or be liable for any damages, losses, costs, charges and expenses, in consequence of any claim or demand in respect of, or in any way resulting from, the establishment or operation of the system, then Picketing and Ajax shall share such liability equally and compensate each other accordingly, as may be required. 8. (1) This Agreement shall be deemed to have come into force on January 1, 1988. (2) The term of this Agreement shall expire at midnight on December 31, 1990. (3) This Agreement may be terminated at any time by either party upon sixty (60) days written notice to the other. This Agreement, including Schedules A and B hereto, and everything contained herein shall enure to and be binding upon the Parties hereto and their succes- sors, but may not be assigned under any circumstances. IN WITNESS WHEREOF the Parties hereto have hereunto affixed their corporate seals, attested by their authorized officers. SIGNED, SEALED & DELIVERED THE CORPORATION OF THE TOWN OF PICKERING Wayne Arthurs, Mayor ~ruce Taylor, Clerk THE CORPORATION OF THE TOWN OF AJAX Jim Witty, Mayor Albert Hodges, Clerk SCHEDULE A FARE COLLECTION AND ACCOUNTING A. FARE COLLECTION 1. Fares are established by the municipalities, in accordance with section 3(1) of the Agreement, and are subject to the approval of the Ministry of Transportation and the Ontario Highway Transport Board, as required by law. 2. Approved fares are collected by drivers from passengers upon embarkation, unless circumstances do not permit, in which case such fares are collected upon dis-embarkation. 3. Drivers deliver fares collected to Pickering's Director of Transportation regularly and trip sheets are reconciled by the individual driver and the Director. 4. The Director submits fares and trip sheets to the Pickering Treasury Department which records the information and deposits the fares in the bank. B. ACCOUNTING 1. During the operational year, all expenditures and applicable revenues are accummulated under a specific General Ledger account. 2. The General Ledger account is analyzed quarterly. Charges and reve- nues relating to "Picketing North payments" are deducted from the accummulated totals and are billed to the appropriate municipality, based upon information shown on the trip sheets submitted. 3. The balance in the account is then pro-rated between Ajax and Pickering, and quarterly bills sent to each.