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HomeMy WebLinkAboutBy-law 357/76THE CORPORATION OF THE TOWN OF PICKERING BY-LAW NUMBER _3-7 1-14 Being a By-law to establish a Reserve Fund. WHEREAS R.S.O. 1970, c. 284 s. 308 (1) authorizes every Municipality or any of its local boards each year to provide in the estimates for the establishment or maintenance of a Reserve Fund. THEREFORE the Council of the Corporation of the Town of Pickering ENACTS AS FOLLOWS: 1. THAT a Reserve Fund be established and maintained to set aside monies received from levies taken in lieu of industrial/commercial development and that these funds be used for capital expenditures for community facilities in the Town of Pickering. 2. THAT the monies so provided in each year shall be deposited in a special Bank Account designated "Reserve Fund for Community Facilities Development" on or before December 31st in that year and may be invested in such securities as a Trustee may invest under the Trustees Act, and the earnings derived from the investment of such monies shall form part of the Reserve Fund. 3. THAT the money raised for the said Reserve Fund shall not be expended, pledged or applied for any purpose other than that for which the fund was established without a two-thirds vote of the members of the Council. 4. THAT the Auditor in his annual report shall report on the activities and position of said Reserve Fund. 5. THAT this by-law shall come into force and take effect upon the date of the final passing thereof, subject to its having received the assent of at least two-thirds of Council. BY-LAW read a First, Second and Third Time and PASSED this h day of Uk4&t , 1976. Mayor ?'Uw4:.'?1)ala r Clerk } THIS AGREEMENT made in triplicate, this BETWEEN: day of 197v . THE MUNICIPAL CORPORATION OF THE TOWN OF PICKERING hereinafter called the "Town of Pickering" OF THE FIRST PART and HER MAJESTY THE QUEEN IN RIGHT OF ONTARIO AS REPRESENTED BY THE MINISTER OF THE ENVIRONMENT hereinafter called the "Grown" OF THE SECOND PART and THE METROPOLITAN TORONTO and REGION CONSERVATION AUTHORITY hereinafter called the "M. T. R.C.A." OF THE THIRD PART WHEREAS the "Town of Pickering" is the owner, in fee simple absolute and in possession of certain public roads within the boundaries of the Town of Pickering, which roads may be described as: Part of Montgomery Park Road, shown coloured yellow on the attached sketch, Part of Squires Beach Road (formerly Station Road), shown coloured green on the attached sketch, And all of those portions of the roads within the area known as "Squires Beach", shown coloured orange on the attached sketch, as are considered to be public roads. AND WHEREAS the "Crown" proposes to construct and operate a pollution control centre, known as the Duffin Creek Pollution Control Centre, at which a sewage works will be constructed by the Crown, the site for which is outlined in red on the attached sketch, hereinafter referred to as the "site"; AND WHEREAS the "Crown" has purchased or expropriated all the necessary lands within the "site", not owned by the M.T.R.C.A.; AND WHEREAS the "Crown" and the M.T.R.C.A. are the only abutting owners to the aforesaid public roads; AND WHEREAS in order to facilitate the construction and operation of the Duffin Creek Pollution Control Centre, it is necessary for the aforesaid public roads to be stopped up and closed; WITNESSETH that in consideration of one dollar and the covenants and agreements hereinafter set forth, the parties hereto covenant and agree that: 1. The "Town of Pickering" will cause the following roads to be stopped up, closed and conveyed to the "Crown": Part of Montgomery Park Road, shown coloured yellow on the attached sketch, Part of Squires Beach Road, shown coloured green on the attached sketch, And all of the public roads within the area known as "Squires Beach", shown coloured orange on the attached sketch; 2. The "Town of Pickering" will initiate the stopping up, closing and conveyance to the "Crown", from time to time, as requested by the "Crown"; 3. The "Town of Pickering" will maintain the public roads described under 1. until such time as they are stopped up and closed, excepting therefrom those roads not now maintained by the "Town of Pickering"; 4. The "Town of Pickering" will assume the roads described under 7. as public roads and accept responsibility for their main- tenance; 5. The "Crown" will convey to the "Town of Pickering" for the purposes of public highways: (a) a strip, 48 feet in perpendicular width, extending from McKay Road easterly to Squires Beach Road along the northerly limit of the "site", shown coloured brown on the attached sketch, and shown as Part 1 on Plan 40R-2176; (b) a strip, 86 feet in perpendicular width, extending from Squires Beach Road easterly for a distance of 1,332.40 feet, and along the northerly limit of the "site", shown coloured blue on the attached sketch, and shown as Part 1 on Plan 40R-2576; (c) a strip, 66 feet in perpendicular width, extending from the 86 foot strip under 5. (b) southerly to Montgomery Park Road, shown coloured pink on the attached sketch, and shown as Parts 2, 3 and 5 on Plan 40R-2576. 6. The "Crown" undertakes to provide legal surveys of the lands described in 5. (a), (b) and (c); 7. The "Crown" will cause the construction of an asphalt road with drainage ditches on the public highways to be conveyed under Clause 5. (a), (b) and (c), in accordance with plans prepared by Proctor and Redfern Limited and approved by the "Town of Pickering"; 8. The "Crown" and the "Town of Pickering" further agree that the closing of parts of Montgomery Park Road and Squires Beach Road will not take place until such time as the road under 7. has been completed and opened; 9. The "Crown" undertakes: (a) To pay the full cost of constructing the roads described in 7. (b) To construct such works as may be considered necessary by the "Town of Pickering" to enable it to maintain the roads under 3. 10. (a) The "Crown" undertakes to grant an easement in perpetuity to the "Town of Pickering" for storm sewer purposes over a strip of land (i) 25 feet in perpendicular width adjoining Part 5, Plan 40R-2576 to the south and west; (ii) 30 feet in width adjoining Parts 2 and 3, Plan 40R-2576 to the east (b) To "Crown" undertakes to provide the 7ognl surveys of the easements described in 10. (a) (i) and (ii). 11. The "M.T.R.C.A." consents to the aforesaid road closings and to the conveyance of the closed roads to the "Crown" notwithstand- ing that the "M.T.R.C.A." may be the owner of lands abutting the roads to be closed; 12. The "Crown" will consent to the conveyance by the "Town of Pickering" to the "M.T.R.C.A" of any of the roads opened on the lands in 5. (a), (b) and (c), subject to the "Crown" retaining such rights of access as it requires; 13. This Agreement shall enure to the benefit of and be binding upon the successors, assignors and administrators of the parties hereto; 14. The "Town of Pickering" will pass any by-laws necessary and make any applications necessary to the Ontario Municipal Board or any other body to carry out the purposes of this Agreement. This Agreement is subject to the approval of the Ontario Municipal Board. Any costs in connection with this clause will be borne by the "Crown"; 15. Any notice to be given in connection herewith shall be deemed to have been given two (2) days after the mailing thereof; to - The Corporation of the Town of Pickering 1710 Kingston Road Pickering, Ontario or to - The Minister of the Environment 40 St. Clair Avenue, West Toronto, Ontario or to - The Metropolitan Toronto and Region Conservation Authority 5 Shoreham Drive Downsview, Ontario as the case may be Provided any party by written notice to the other parties may change its mailing address for the purposes of this section; Agreement. IN WITNESS WHEREOF, the parties hereto have executed this SIGNED, SEALED AND DELIVERED IN THE PRESENCE OF `