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HomeMy WebLinkAboutBy-law 1160/80THE CORPORATION OF THE TOWN OF PICKERING BY-LAW NUMBER 1160/80 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 estab- lishment, 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, c. 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 Pickerinq HEREBY ENACTS as follows: 1. The Mayor and Clerk are hereby authorized to execute the 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 establishment, maintenance and operation of the Ajax/Pickering Ilandi-Trans system. BY-LAW READ a first, second and third time and FINALLY PASSED this 7th day of July 1980. TOW PICKE CP ING APPR( ED AS TO DRA4 LI_S9:L ( ET. c c f \ Clerk SCHEDULE "A" to By-law 1160/80 THIS AGREEMENT made in duplicate this day of , 1980 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 354 (1)90 of the Municipal Act, R.S.O. 1970, c. 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 auth- ority to enter into agreements, inter alia, for the joint management and operation of transportation systems; and WHEREAS,Pickering and Ajax wish to establish a joint trans- portation 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 terns and conditions hereinafter set out, the Parties hereto agree as follows: 1. Pickering and Ajax shall establish a joint public bus transportation system, to be known as ''Ajax/Dickering Handi-Trans, for the purpose of the transportation within the boundaries of Pickering and Aja::, and to and from certain points outside those boundaries, of certain handicapped persons ordinarily resident in Pickering or Ajax. 2. Pickering shall be responsible for the day-to-day opera- tion 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. 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 both Pickering and Ajax; (c) be subject to the approval of the Councils of each of Pickering and Ajax; and (d) be subject to the approval of any authority whose approval may be required by law. 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. S. The system shall provide transportation for eligible handicapped persons and their eligible assistants from any point in either Pickering or Ajax, (a) to any point in either Pickering or Ajax; (b) to Durham College of Applied Arts and Technology in Oshawa; and (c) to Scarborough College in Scarborough, subject to the approval of the Minister of Transportation and Communications; and, with respect to clause (b), the Town of Whitby and the City of Oshawa; and, with respect to clause (c), the Borough of Scarborough. 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 contribu- tions 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 grosF expense less, (i) any provincial or federal grants or subsidies; (ii) revenue from fares; and revenue from other sources, such as donations; - 3 - (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 quarter during the term of this Agreement, each of Pickering and Ajax shall make "Pickering 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 Pickering north of, but not including, Concession 5 Road. (b) The amount of each Town's Pickering North pay- ments shall be the aggregate of, (i) $0.14 for each kilometre travelled, and (ii) $10.20 for each hour during which, a bus is in the said part of the Town of Pick- ering 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 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 en a per capita basis between Pickering and Ajax in accordance with the most recent population figures provided by the Government of Ontario. 7. 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 result- ing 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 as if the liability were an ad- justed net expense. 8. The term of this Agreement shall expire at midnight on June 30, 1981 unless earlier terminated. 9. This Agreement may be terminated at any time by either party upon 60 days written notice to the other. 10. This Agreement and everything contained herein shall enure to and be binding upon the Parties hereto and their successors, but may not be assigned under any circumstances. - 4 - IN WITNESS WHEREOF the Parties hereto have hereunto affixed their corporate seals, attested by their authorized officers. SIGNED, SEALED AND DELIVERED: THE CORPORATION OF THE TOWN OF PICKERING Mayor Clerk THE CORPORATION OF THE TOWN OF AJAX Mayor Clerk