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HomeMy WebLinkAboutBy-law 1305/81THE CORPORATION OF THE TOWN OF PICKERING BY-LAW NO. 1305/81 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 continua- tion, operation and maintenance of the Ajax/ Pickering Handi-Trans Transportation System WHEREAS, pursuant to the provisions of section 352(1)90 of The Municipal Act, R.S.O. 1970, chapter 284, the councils of all local municipalities may pass by-laws to acquire, establish, maintain and operate a public bus transportation system; and WHEREAS, pursuant to the provisions of section 352.5 of the said Act, the councils of all municipalities may pass by-laws to enter into agreements, inter alia, for the joint management and operation of transportation systems; 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 Pickering and the Corporation of the Town of Ajax with respect to the continuation, maintenance and operation of the Ajax/ Pickering Handi-Trans system. BY-LAW read a first, second and third time and finally passed this 15th day of June , 1981. ayor. ') - Z / eee C erk i ' (N 0 i SCHEDULE "A" to By-law 1305/81 THIS AGREEMENT made in duplicate this day of , 1981. B E T W E E N: 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 354(1)90 of The Municipal Act, R.S.O. 1970, chapter 284, 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 352.5 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 transporta- tion system, to be operated by Pickering, for the benefit of certain handicapped persons resident within Pickering or 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 transporta- tion system, known as "Ajax/Pickering Handi-Trans", for the pur- pose of the transportation within the boundaries of Pickering and Ajax, and to and from certain points outside those boundaries, of those residents of Ajax or Pickering who, because of a physical disability, are not able to board a regular transit facility. 2. Pickering 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 Pickering; and (b) all staff required in the day-to-day operation of the system shall be employees of Pickering. -2- 3. (1) Fares and rates for the carriage of passengers shall, (a) be established by the Directors of Transportation of both Pickering and Ajax; (b) be the same for residents of Pickering and for residents of Ajax; (c) be subject to the approval of the Councils of each of Pickering and Ajax; and (d) be subject to the approval of the Ontario Highway Trans- port Board and the Minister of Transportation and Com- munications, as required by law. (2) Fares shall be collected and accounted for in accordance with the provisions 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 the municipality in which the handicapped person resides. 5. (1) The system shall provide transportation for eligible handi- capped persons and their eligible assistants between any point in either Pickering or Ajax and, (a) any other point in either Pickering 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 Communications; and, with respect to clauses (b) and (c), the Town of Whitby and the City of Oshawa; and, with respect to clauses (c) and (d), the Municipality of Metropolitan Toronto. (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 neces- sarily 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; - 3 - (b) "net expense" means gross expense less, (i) revenue from fares; and (ii) revenue from other sources, such as donations; (c) "adjusted net expense" means net expense less, (i) Pickering North payments received from Ajax; and (ii) Pickering North payments received from Pickering. (2) (a) At the end of every calendar quarter during the term of this Agreement, each of Pickering and Ajax shall make "Pickering North payments" to the system, being contri- butions to compensate the system for any trips or parts of trips during that quarter within that part of the Town of Pickering north of, but not including, Conces- sion 5 Road. (b) The amount of each town's Pickering North payments shall be the aggregate of, (i) for trips taken on or before June 30th, 1981, $0.14 for each kilometre travelled, and for trips taken after June 30th, 1981, $0.20 for each kilometre travelled, and (ii) for trips taken on or before June 30th, 1981, $10.20 for each hour of travel, and for trips taken after June 30th, 1981, $11.52 for each hour of travel, during which a bus is in the said part of the Town of Pickering on a trip or part of a trip on behalf of an eligible handicapped person resident in the payor town. (3) 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 quar- ter, which adjusted net expense shall be pro-rated on a per capita basis between Pickering and Ajax. (4) For the purposes of subsection (3), above, the term "per capita basis" shall mean according to the population figures for Pickering and Ajax set out in the most recent edition, from time to time, of the Municipal Directory, published by the Ministry of Intergovernmental Affairs. 7. (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 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 Pickering 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 Pickering and Ajax set out in the most recent edition, from time to time, of the Munici al Director , published by the Ministry of Intergovernmental A fairs. - 4 - 8. (1) This Agreement shall be deemed to have come into force on November 12th, 1980, and shall, as of that date, be deemed to supersede and replace the Agreement dated July 14th, 1980, between the Parties. (2) The term of this Agreement shall expire at midnight on June 30th, 1983 unless earlier terminated. (3) This Agreement may be terminated at any time by either party upon 60 days written notice to the other. 9. This Agreement, including Schedules "A" and "B" hereto, and every- thing contained herein shall 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 THE CORPORATION OF THE TOWN OF AJAX Mayor 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 Communications and the Ontario Highway Transport Board. 2. Approved fares are collected by drivers from passengers upon disembarkation, unless circumstances do not permit, in which case such fares are collected upon 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 revenues relating to "Pickering 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. SCHEDULE "B" DAYS, HOURS AND FREQUENCY OF OPERATION A. DAYS OF OPERATION 1. Monday to Friday, inclusive B. HOURS OF OPERATION 1. 7:00 a.m. (07:00 hours) to 7:00 p.m. (19:00 hours), daily (local time) C. FREQUENCY OF OPERATION 1. On demand, subject to capacity limitations