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HomeMy WebLinkAboutBy-law 1811/84THE CORPORATION OF THE TOWN OF PICKERING BY-LAW NO. 1811 /84 Being a by-law to authorize the execution of an Agreement between the the Corporation of the Town of Picketing and the Corporation of the Town of Ajax respecting the continuation of the Ajax/Picketing Handi-Trans System. 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, to be operated by Pickering, for the benefit of certain handicapped persons resident within Pickering and Ajax; NOW THEREFORE, the Council of the Corporation of the Town of Pickering 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 Corporation of the Town of Pickering and the Corporation of the Town of Ajax respecting the continuation of the Ajax/Piekerlng Handi-Trans System. BY-LAW read a first, second and third time and finally passed this 2nd day of April , 1984. yor / , ~//. / / 103.1 Schedule A THIS AGREEMENT made this 6th day of February, 1984. BETWEEN: THE CORPORATION OF THE TOWN OF PICKERING hereinafter referred to as "Pickering" OF THE FIRST PART, - and - THE CORPORATION OF THE TOWN OF AJAX hereinafter referred to as "Ajax" OF THE SECOND PART. WHEREAS, pursuant to the provisions of section 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 opera.tion 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, 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: Pickering and Ajax shall continue the joint public bus transportation system, known as "Ajax/Picketing Handi-Trans", for the purpose of the transportation within the boundaries of Pickerlng and Ajax, and to and from certain points outside those boundaries, of those residents of Ajax or Picketing who, because of a physical disability, are not able to board a regular transit facility. Picketing shal] be responsible for the day-to-day operation of the system, and (a) all vehicles used by the system shall be owned, by Pickering; and (b) all staff required in the day-to-day operation employees of Picketing. maintained and insured of the system shall be Fares and rates for the carriage of passengers shall, (a) (b) (c) (d) be established by the Directors of Transportation of both Picker- lng and Ajax; be the same for residents of Picketing and for residents of Ajax; be subject to the approval of the Councils of each of Picketing and Ajax; and be subject to the approval of the Ontario Highway Transport Board and the Minister of Transportation and Communications, as required by law. (2) Fares shall be collected and accounted for in accordance with the pro- visions of Schedule A attached hereto. The eligibility of a handicapped person, and of any assistant required by such a person, to be carried as a passenger by the system shall be determined by the chief administrative officer of the municipality in which the handicapped person resides. (2) The system shall provide transportation for eligible handicapped persons and their eligible assistants between any point in either Picketing or Ajax and, (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; and (e) Scarborough Centenary Hospital in Scarborough, subject to the approval of the Minister of Transportation and Communica- tions; 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 Munic- ipality of Metropolitan Toronto. The days, hours and frequency of operation of the system shall be as set out in Schedule B attached hereto. (1) In this (a) (b) section, the term "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; "net expense" means gross expense less, (i) revenue from fares; and (ii) revenue from other sources, such as donations; - 2- (3) (4) (c) "adjusted net expense" means net expense less, (i) Picketing North payments received from Ajax; and (ii) Picketing North payments received from Picketing. (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) for trips taken on or before June 30th, 1981, $0.14 for each kilometre travelled; for trips taken after June 30th, 1981, but before January 1st, 1984, $0.20 for each kilometre travelled; and for trips taken on or after Janu- ary 1st, 1984, $0.15 for each kilometre travelled, and (ii) for trips taken on or before June 30th, 1981, $10.20 for each hour of travel; for trips taken after June 30th, 1981, but before Janaur¥ 1st, 1984, $11.52 for each hour of travel, and for trips taken on or after January 1st, 1984, $12.70 for each hour of travel, during which a bus is 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. At the end of every calendar quarter during the term of this Agreement, each of Pickering and Ajax shall pay to the system that town's share of the adjusted net expense for that quarter, which adjusted net expense shall be pro-rated on a per capita basis between Pickering and Ajax. For the purposes of subsection (3), above, the term "per capita basis" shall mean according to the population figures for Picketing and Ajax set out in the most recent edition, from time to time, of the Municipal Direc- tory, published by the Ministry of Intergovernmental Affairs, or its successor in this respect, the Ministry of Municipal Affairs and Housing. (1) In the event that either Pickering or Ajax, or both of them may sustain or incur or be liable for any damages, losses, costs, charges and ex- penses, 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 and compensate each other accordingly, as may be required, on a per capita basis. (2) For the purposes of subsection (1), above, the term "per capita basis" shall mean according to the population figures for Picketing and Ajax set out in the most recent edition, from time to time, of the Municipal Direc- tory, published by the Ministry of Intergovernmental Affairs, or its successor in this respect, the Ministry of Municipal Affairs and Housing. (1) (2) (3) This Agreement shall be deemed to have come into force on July 1st, 1983, and shall, as of that date, be deemed to supersede and replace the Agreement dated June 15th, 1981, between the Parties. The term of this Agreement shall expire at midnight on June 30th, 1985 unless earlier terminated. This Agreement may be terminated at any time by either party upon sixty (60) days written notice to the other. -3- This Agreement, including Schedules A and B hereto, and everything contained herein shah enure to and be binding upon the Parties hereto and their successors, but may not be assigned under any circumstances. IN WITNESS WHEREOF the Parties hereto have hereunto affixed their corporate seals, attested by their authorized officers. SIGNED, SEALED & DELIVERED THE CORPORATION OF THE TOWN OF PICKERING Mayor Clerk THE CORPORATION OF THE TOWN OF AJAX Mayor Clerk - 4- SCHEDULE A FARE COLLECTION AND ACCOUNTING A. FARE COLLECTION Fares are established by the municipalities, in accordance with section 3(1) of the Agreement, and are subject to the approval of the Ministry of Transportation and Communications and the Ontario Highway Transport Board. Approved fares are collected by drivers from disembarkation, un]ess circumstances do not permit, fares are collected upon embarkation. passengers upon in which case such Drivers deliver fares collected to Pickering's Director of Transportation regularly and trip sheets are reconciled by the individual driver and the Director. The Director submits fares and trip sheets to the Picketing Treasury Department which records the information and deposits the fares in the bank. B. ACCOUNTING During the operational year, all expenditures and applicable revenues are accummulated under a specific Genera] Ledger account. The General Ledger account is analyzed quarterly. Charges and reve- nues relating to "Picketing North payments" are deducted from the accummu]ated totals and are billed to the appropriate municipality, based upon information shown on the trip sheets submitted. 3. The balance in the account is then pro-rated between Ajax and Pickering, and quarterly bills sent to each. SCHEDULE B DAYS, HOURS AND FREQUENCY OF OPERATION DAYS OF OPERATION Monday to Friday, inclusive HOURS OF OPERATION 7:00 a.m. (07:00 hours) to 7:00 p.m. (19:00), daily (local time) FREQUENCY OF OPERATION On demand, subject to capacity limitations