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HomeMy WebLinkAboutBy-law 2205/86THE CORPORATION OF THE TOWN OF PICKERING BY-LAW NO. 2205 /86 Being a by-law to authorize the execution of an Agreement between the Corporations of the Towns of Ajax, Picketing and Whitby to provide for the continuation of the Pickering/Ajax/Whitby Animal Control Service and the Joint Animal Control Committee, from and after January 1, 1986. WHEREAS, pursuant to the provisions of section 208.5 of the Municipal Act, R.S.O. 1980, chapter 302, by-laws may be passed by the councils of all municipalities for entering into an agreement with one or more municipalities to provide for the joint management and operation of, inter alia, municipal services and for the establishment of joint boards of management thereof; and WHEREAS, the Councils of the Corporations of the Towns of Ajax, Pickering and Whitby wish to provide for the continuation, from and after January 1, 1986 of the management and operation of the Pickering/Ajax/Whltby Animal Control Service under the Joint Animal Control Committee; NOW THEREFORE, the Council of The Corporation of the Town of Picketing HEREBY ENACTS AS FOLLOWS: The Mayor and Clerk are hereby authorized to execute an agreement, in the form attached hereto as Schedule A, between The Corporations of the Towns of Ajax, Picketing and Whitb¥, to provide for the continuation, from and after January 1, 1986, of the Pickering/Ajax/Whitby Animal Control Service and the Joint Animal Control Committee. BY-LAW read a first, second and third time and finally passed this 21st day of April, 1986. TOWN OF PlCKERiNG APPROVED AS TO LEG .",L DEFT. B~uce Taylor, Clef?~ THIS AGREEMENT made as of the 31st day of December, 1985. BETWEEN: THE CORPORATION OF THE TOWN OF AJAX hereinafter referred to as "Ajax" OF THE FIRST PART, THE CORPORATION OF TtIE TOWN OF PICKERING hereinafter referred to as "Picketing" OF THE SECOND PART, - and - THE CORPORATION OF THE TOWN OF WHITBY hereinafter referred to as "Whitb¥" OF THE THIRD PART. WttEREAS Ajax, Pickering and Whitby each have certain responsibilities relating to the enforcement of their respective animal control by-laws, enacted pursuant to the Dog Licensing and Live Stock and Poultry Protection Act, R.S.O. 1980, c. 123, and the Municipal Act, R.S.O. 1980, c. 302, or their predecessors: and WHEREAS it is deemed desirable that such responsibilities as they relate to Ajax and Pickering continue to be carried out jointly by an animal control service operated under contract on behalf of Ajax and Pickering from a facility owned by Whitby and located within the boundaries of Whitby; and WHEREAS pursuant to the provisions of paragraph 208.5 of the Municipal Act, the council of a municipality may enter into an agreement with one or more municipalities to provide for the joint management and operation of municipal services, and for the establishment of joint boards of management thereof; NOW THEREFORE THIS AGREEMENT B/ITNESSETH THAT, in consideration of the premises and the mutual and other covenants hereinafter set forth, the Parties hereby covenant and agree as follows: JOINT ANIMAL CONTROL SERVICE Ajax, Pickering and Whitby hereby agree to continue the joint animal control service operation, known as the "Pickering/Ajax/Whitby Animal Control Service" (hereinafter referred to as the "service"), for the purpose of the carrying out of their respective responsibilities relating to the enforcement of their respec- tive animal control by-laws. The operation of the service shall be based at the premises known as the "Pickering-Ajax-Whitby Animal Control Pou.d" in Whltby, which premises are more particularly described in Schedule A hereto, and hereinafter referred to as the "premises". PREMISES (1) For the consideration of the sum of $2.00, now paid by each of Ajax and Picketing to Whitby, Whitby agrees that it shall keep the premises, including all buildings, structures, equipment and related appurtenances available to Ajax, Picketing and Whitbv for the purposes of the operation of the service so long as such service continues. So long as Whitby is in compliance with subsection (1), above, Ajax, Pickerlng and Whitby agree that all capital, maintenance and operating costs relating to the premises, including all buildings, structures, equip- ment and related appurtenances shall be borne by them in equal shares. (3) If Whitby ceases to keep the premises, including all buildings, struc- tures, equipment and related appurtenances, available to Ajax, Pickerlng and Whitby for the operation of the service, Whitby shall forthwith dis- pose of such premises and, in consideration of being released by Ajax and Pickering from its obligation to keep the premises available as set out above, Whitby shall pay to each of Ajax and Picketing, one third (1/3) of the net proceeds, including any insurance proceeds, of such disposition. (4) Where, under subsection (3), Whitby is obliged to dispose of the prem- ises, it may instead convert the premises to its own exclusive use in which case the conversion shall be deemed to be a "disposition", the "net proceeds" of which shall be the appraised value of the premises immedi- ately prior to the conversion. CONTRACTOR In order to carry out the operation of the service as it relates to Ajax and Pickering, Ajax and Picketing agree to engage by contract the services of Whitby in accordance with the terms of a service contract approved by each of them, as amended from time to time upon the agreement of the Parties hereto, the annual cost of which shall be shared by Ajax and Pickering in the same proportion that the population of each bears to the total population of both, according to the population figures for the year in question published by the Ministry of Municipal Affairs in the Municipal Directory. - 2 - JOINT BOARD OF MANAGEMENT The operation of the service, including the maintenance and operation of the premises and the administration of the service contract referred to in section 4, above, sha]l be under the management, regulation and contro] of a joint board of management to be known as the "Pickering-Ajax-Whitby Joint Animal Control Committee" (hereinafter referred to as the "Committee"). (1) (Z) The Committee sha]] be composed of three members. The persons qualified to be appointed as the members of the Committee are those persons who are members of the councils of Ajax. Pickering or Whitby. (3) Each council shall annually appoint, (4) (5) (6) (7) (8) (a) one member of the Committee, and (b) one alternate member of the Committee to sit on the Committee when the first appointee is unable to do so, from amongst its members. Each member and alternate member shah continue to hold office until the 30th day of November next following his or her appointment or until a successor is appointed. Appointments shall be made at the first meeting of the appointing bodies in December of each year. and the members and alternate members shall take office immediate]y, but if an appointing body fails to appoint at its first meeting, it shall do so at its next regular meeting. Vacancies in the Committee arising from death, resignation or otherwise shall be filled forthwith by the appointed alternate member and the ap- pointing body shall forthwith appoint a new alternate member; persons appointed to fill vacancies shall hold office for the unexpired term of the persons whose places have become vacant. Each council shall appoint one member of the staff of its municipality to be an advisor to the Committee and to act as liaison between the council and the Committee. The Committee may appoint professional persons to be advisors to the Committee with the concurrence of Ajax, Picketing and Whitby. (1) The Committee at its first meeting in each year shah elect one of its members as chairman. (z) In the absence of the chairman from any meeting, the Committee shall appoint another of its members as acting chairman for that meeting. (1) (z) The Committee shall appoint one of the staff advisors to be the Secretary of the Committee and who shall, (a) conduct the official correspondence of the Committee; and (b) keep a full and correct record of the proceedings of every meet- ing of the Committee and ensure that the minutes when confirmed are signed by the presiding officer. The Committee shall appoint the Whitby staff advisor to be the Treasurer of the Committee whose duties shall include reporting regularly on the financial status of the Service to the Committee, and through the Secre- tary, to the councils of each of Ajax, Picketing and Whitby. 3 The Committee shall hold regular meetings at least once every calendar quarter and at such other times as it considers necessary. (~) The Chairman or any two members of the Committee may call a special meeting of the Committee by giving at least two clear days written notice to each member specifying the time, date and place of the meeting and the purpose for which it is called. (3) The presence of two of the members of the Committee shall constitute a quorum and shall be necessary for the transaction of business at any regular or special meeting. (4) The Chairman or acting chairman may vote with the other members of the Committee upon all questions, and should there be a tie vote thereafter, the Chairman shall cast an additional vote as he sees fit. 10. The members of the Committee shall serve without remuneration, but they may be reimbursed by their respective appointing bodies for proper travelling expenses incurred in carrying out their duties as members of the Committee. 11. The Committee shall, (a) endeavour to ensure the provision of a comprehensive and efficient ser- vice for each of Ajax, Pickerlng, and Whitby; (b) endeavour to ensure that the service is conducted in accordance with the service contract in effect from time to time and with all statutes, regu- lations and by-laws relating thereto; (c) transmit to each of Ajax, Picketing and Whitby all reports required by them, or any of them; (d) make provision for insuring the premises, including all buildings, struc- tures, equipment and related appurtenances owned by Ajax, Picketing, and Whitby; and (e) manage, regulate and control, in accordance with the various agreements or contracts in effect from time to time, the operation of the service, including the maintenance and operation of the premises and the adminis- tration of the service contract referred to in section 4, above. 12. (1) (2) On or before the 15th day of November in each year, the Committee shall prepare, adopt and submit to the councils of Ajax, Picketing and Whitby, estimates of all sums required during the next following calendar year for the purposes of the Committee, and such estimates shall, (a) set forth the estimated revenues and expenditures of the Commit- tee; and (b) make due allowance for any surplus from a previous year or the current year. The Gommittee shall submit with its estimates a statement as to the pro- portion thereof to be chargeable to each of Ajax, Picketing and Whitby, and, if the estimates of the Committee are approved, or are amended and approved, by the councils of two of Ajax, Picketing and Whitby, the estimates so approved shall be binding upon all of Ajax, Picketing and Whitby, - 4- INDEMNIFICATION 13. In consideration of Ajax, Picketing and Whitby entering into this Agreement with this section included, each of them hereby agrees to share equally any liability which may result from all actions, causes of action, accounts, claims, debts, damages, demands and costs associated therewith, arising, to arise, or which may hereafter be brought against them, or any of them, by or on behalf of any other person, because of any error, omission, failure or negligence in operation of the service or the maintenance and use of the premises. TERM, EXPIRY & TERMINATION 14. The term of this Agreement shall commence on January 1st, 1986, and shall continue from year to year thereafter unless terminated pursuant to section 15 or by agreement of all Parties hereto. 15. (I) This Agreement may be terminated, (a) on June 30, 1986 by any Party hereto upon one month's prior written notice, and (b) on December 31st in any year by any Party hereto upon six month's prior written notice, such notice to be given in each case by delivery to the Town Clerk of each of the other Parties on or before midnight on May 30, 1986 or on June 30th in any year thereafter, as the case may be. (2) Notices addressed in accordance with this section shall be deemed to be served upon the addressee, (a) on the day of delivery if delivered personally, or (b) on the fifth day after the day of maihng if mailed by prepaid registered mail, and the notice period shall commence on the day of service. 16. (1) (2) Unless this Agreement is replaced, and then subject to the terms of such replacement, upon the termination of the term of this Agreement, (a) all outstanding liabilities incurred by the Parties through the properly conducted actions of the Committee shall be settled and paid, in the last approved proportions, by the Parties; (b) all moneys under the control of the Committee shall be returned to the Parties, in the last approved proportions; and (c) Whithy shall forthwith dispose of the premises, including all buildings, structures, equipment and related appurtenances, and the net proceeds of such disposition, including any insurance proceeds, shall be distributed in accordance with the provisions of section 3(3) of this Agreement. Where, under subsection (1), Whitby is obliged to dispose of the prem- ises, it may instead convert the premises to its own exclusive use in which case the conversion shall be deemed to be a "disposition", the "net proceeds" of which shall be the appraised value of the premises immedi- ately prior to the conversion. - 5 - INTERPRETATION 17. Schedule A attached hereto shall form part of this Agreement. 18. This Agreement and everything herein contained, shall enure to the benefit of, and be binding upon, the Parties hereto, and their respective successors, if any. 19. This Agreement, and any of the rights, privileges and obligations herein con- tained, is not assignable by any Party hereto to any other party or person. IN WITNESS WHEREOF, the Parties hereto have hereunto affixed their respective corporate seals, duly attested by their proper authorized officers. SIGNED, SEALED & DELIVERED THE CORPORATION OF THE TOWN OF A3AX Mayor Clerk THE CORPORATION OF THE TOWN OF PICKERING Mayor Clerk THE CORPORATION OF THE TOWN OF WHITBY Mayor Clerk - 6- SCHEDULE A ALL AND SINGULAR that certain parcel or tract of land and premises situate, lying and being in the Town of Whitby, in the Regional Municipality of Durham (formerly in the Township of Whitby, County of Ontario) and being composed of part of Lot 21, Concession 4, Town of Whitby being more particularly described as follows:- PREMISING that the bearings as shown on Deposited Plan 693 Highway govern all bearings mentioned hereafter; COMMENCING at a point in the West limit of Regional Road No. 26 as widened by Deposited Plan No. 693, distant 17.00 feet measured South 73 degrees 17 minutes West from a point in the East limit of said Lot distant 2,745.36 feet measured South 18 degrees 06 minutes East therein from the North-east angle of said Lot 21; THENCE South 73 degrees 20 minutes 20 seconds West a distance of 1,244.39 feet to a point in the East Limit of the Hydro-Electric Power Commission land; THENCE North 16 degrees 04 minutes <30 seconds West along said East limit a distance of 203.40 feet to a point; THENCE North 17 degrees 56 minutes 20 seconds West continuing along said East limit a distance of 312.00 feet to a point; THENCE North $$ degrees 54 minutes East a distance of 986.12 feet to a point; THENCE North 73 degrees 20 minutes 20 seconds East a distance of 293.00 feet to a point in the West limit of said Regional Road No. 26; THENCE south 18 degrees 06 minutes East along said West limit a distance of 250.83 feet to the point of commencement, subject to a right-of-way in favour of the Trans-Northern Pipe Line as described by Instrument No. 93037. The above described parcel of land contains by admeasurement an area of 10.01 acres more or ]ess; Being shown coloured red on a Plan of Survey prepared by Donevan and Fleischman, Ontario Land Surveyors attached to Instrument No. 146517 as registered in the Regis- try Office for the Registry Division of Durham (No. 40) (formerly County of Ontario).