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THE OSHAWA TIMES, ~ CITY OF OSHAWA oting on a By-Law To Gran? a Franchise for The Operation of The Oshawa Bus System ECTION 273 OF THE MUNICIPAL ACT, | GIVE NOTICE OF SUBMISSION OF A BY-LAW TO : PR VOTE OF THE ELECTORS, AS PROVIDED FOR BY BY-LAW NUMBER 3606, AS FOLLOWS: ; f ten (10) o'clock in the forenoon and seven ival electors of the City of Oshawa shall be taken on the June 8, 1959, between the hours o Rr tf Cadi o on - heCat James Dickson the exclusive (7) o'clock in the afternoon is hereby appointed as the date and time for taking . . .| . right to maintain and operate buses for the conveyance of passengers within the the votes of the elector on the said by AY: (oh and the depuly retuming or City of Oshawa during the period from July 15, 1959, to December 31, 1968. offic to take the vote at every such place shall be as follows: Div. Nos. Polling Booths Ambrose's, Taunton Rd. West 49 Orchard View Blvd, 1022 Simcoe St. North 60 Rossland Rd. West Williams', Stevenson Rd. North 1067 Mohawk St. 332 Annapolis Ave. 309 Buena Vista Ave. 613 Stevenson Rd. North 467 Finucane St. 418 Miller Ave. 8 ls 2. 1 A Thornton Rd. N. Sunday School 386 Pine Ave. 86 Cromwell Ave. 64 Montrave Ave. 532 Cromwell Ave. 773 King St. West 773 King St. West 217 Malaga Rd. 1270 Cedar St. 706 Stone St. Queen Elizabeth School 882 Mary St. Simcoe St. N. School 52 Harmony Rd. North 994 King St. East St. Mathews Church Hall 287 Baldwin St. 79 Harmony Rd. South 531 Coleridge St. 599 Veteran's Rd. Deputy Returning Officers Mrs. Gordon Tomlinson © Mrs, Wm. J. Alexander Mrs, Geo. Jewell Mrs. Richard Williams hs ret Kee Mrs. F, C. Mc! Wm. H. Stubbings Mrs. M. Baldwin Mrs, Frank Sullivan Deputy Returning Officers Mrs, Harold L. Donald. Mrs. Rex Harper Mrs. H. O. Flintoff Mrs. T. W. Metcalfe Mrs. J. G. Waite Mrs. Samuel Lowe Mrs. Wm. T. Morehouse Mrs. Edward Salmon Mrs. E. Fickes Geo. Atha Mrs. A. F. Cox Mrs. John Gorycki Mrs, J. Stanley Mrs. J. W. Wiltshire Chester Lambert Mrs. Frank Johnstone Mrs. George Hall Mrs. J. W. McDonald Mrs. Chas, Gunn Mrs, H. B. Claus Mrs. Lloyd Fowler Mrs. A. H. Mitchell Wolfe Miller Miss Grace Sharp Mrs. J. K. Wickens Mrs, Stanley Hughes Mrs. Hugh King Mrs, K. C. Shortt Mrs, Earl Hoy Mrs, J. N. Badour Mrs, J. N. Badour Polling Booths 168 Roxborough Ave. 89 Central Park Blvd. North 517 Rogers St. 70 Celina St. 173 Celina St. 213 Albert St. 311 Celina St. 18 Jackson Ave. 186 Arthur St. 269 Court St. Holy Trinity Church Hall 511 Howard St. 518 Ritson Rd. South 230 Arthur St. 216 Clarke St. Ritson Rd. School 295 Athol St. East 281 Ritson Rd. South 351 Athol St. East 334 Eulalie Ave. 381 Olive Ave. 442 Athol St. Eost 127 Cadillac Ave. South 254 Cadillac Ave. South 260 Wilson Rd. South 559 Ritson Rd. South 45 Bloor St. East 720 Simcoe St. South 743 Margaret St. 135 Conant St, 135 Conant St. Deputy Returning Officers Div. Nos. Mrs. Laurence Savery. Mrs. Stanley Carkee Mrs. K. D. Sands. Mrs. Harry Blakely Miss Stella Browne. 0. S. Hobbs. . C. Daniel Miss Peggy Jackson Mrs. C. Templar Mrs. Thomas Solomon L. R. Skelton Mrs. Geo. Bell Mrs, John A. Cameron Mrs. Thomas W. Peters Mrs. Howard Couch Frank Jacobi Lorne Ratz Mrs. Ernie Parsons Mrs. C. C. Murty Mrs. Lorne Ratz Mrs. Chas. Hall Mrs. James McCutcheon Mrs. Wm. Morrison Mrs. Roy A. Wellman Mrs. John D. Guiltinan 98 Alice St. Mrs. Sidney Sharples 278 Haig St. Mrs. F. Frobel 140 Elgin St. East Mrs. J. Rae Mary St. School Mrs. N. L. Wood 35 Division Se. Mrs. J. H. Valleau 310 Alice St. Mrs. Ray Smith 29 Grassmere Ave. Mrs. Reg. Smith 85A 55 Ritson Rd. North Mrs. Wm. Bear 61D 1258 Simcoe St. South Mrs. G. F. Grant 858 Wednesday, the 10th day of June, 1959 at 12 o'clock noon at the Council Chambers, City Hall, Oshawa, is hereby appointed as the time when and place where the Clerk will sum up the number of votes given for and against the roposed by-law. Err the 1st day of June, 1959, at 10 o'clock In the forenoon at the Council Chambers, City Hall, Oshawa, is hereby appeinted as the time when and place for the appointment of to Wend at the Joling places, Pri od persons votes by the Clerk on behalf of the interested i d ti ing the by-law. head of the Council, or a member of it appointed for thet purpose he final su py ic Le Aho a iy A do, shall I oy ri Led by Ty pve od > the final summing up of votes by the Clerk, and one person to attend at each polling place on behalf of persons interested in and desirous of promoting the propesed by-law end a like number on behalf of the persons interested in and desirious of opposing the proposed by-law. By-Law Number 3605 of The Corporation of the City of Oshawa . Nos. Polling Booths 625 Carnegie Ave. 61 Arlington Ave. 45 Buckingham Ave. 121 Alma St. 137 Church St. 43 McMillan Dr. 71 Colborne St. West 184 Bond St. West 78 Burk St. 159 Burk St. 276 Burk St. 176 Mill St. 161 Mill St. 65 Nassau St. E. A. Lovell School 28 Lloyd St. 34 Fairbanks St. 437 Centre St. Simcoe St. N. School 481 Masson St. 76 Elgin St. E 140 Mary St. 34 Richmond St. East 85 Hillcroft St. 355 Mary St. Stroud Mrs. Norman A. Hinds Mrs. Albert Martin Harold Lofthouse Mrs. Sidney Baldwin Mrs. Wm, rds Mrs. Kenneth R. Fletcher Mrs. Wm, Scattergood Mrs. Frank Singer, Jn ¥ " wenrg @ by-law to enter into an agreemént ith Jardine Jarmes Siete or grant hi #xclusive right to maintgin and operate buses Big > f passancen within the City of Oshawa from July 15, 1959 December 31, 1968. bi WHEREAS the Oshawe Rallwey Company hes given to the Corporation of the City of Oshawa notice of its intention te cease operating buses for the conveyance of passengers within the City; AND WHEREAS the Council of the Corporation of the City of Oshawa In order to provide for public bus transportation in the City of Oshawa has agreed to grant to Jardine Jomes Dickson the exclusive right to maintain and operate buses for the nee. of tm rs within the City of Oshawa from July 15, 1959 te ember 31, 1968 on the terms and conditions set out in the agreement forming Schedule "A" to this -law; by AND WHEREAS the said agreement sets out all the obli- gations, terms and conditions binding upon the said Jardine James Dickson ond the Corporation of the City of Oshawa, and this by-law is being passed for the purpose of enabling the Corporation of the City of Oshawa to enter nto the said agreement subject to the approval of the municipal electors; NOW, THEREFORE, BE IT ENACTED AND IT IS HEREBY INACTED as a by-law of The Corporation of the City of Oshawa by the Zouncil thereof as fallows: 1. The Corporation of the City of Oshawa shall enter inte the egreement with Jardine James Dickson which forms Schedule "A" to this by-law for granting to him the exclusive right to maintain ond operate buses for the conveyance of passengars within the City of Oshawa during the period from July 15, 1959 to December 31, 1968 subject to the terms, conditions and obligations set out in the said agreement. 2. The said agreement, marked as Schedule "A", forms part of this by- lew and the Mayor and Clerk of the Comporation of the City of Oshawe are hereby authorized and directed to sign the sald agreement end to affix thereto the Corporate seal of the Corporation of the City of Oshawa. 3. This by-law shall not come into force until It has been emsented to by the municipal electors, By-law read a first time this 20th day of April, 1989, By-law recd a second time this 20th day of April, 1959. By-law read a third time and finally possed this day of MAYOR CLERK THIS IS SCHEDULE "A" forming part of By-law Number 3605 of The Corporation of The City of Oshawa THIS AGREEMENT made in duplicate this doy of BETWEEN: THE CORPORATION OF LL CITY OF OSHAWA, OF THE FIRST PART, hereinafter called the "CIT JARDINE JAMES DICKSON, of the Cy of Windser, In the County of Essex, Bus Line Executive, hereinafter called the "OPERATOR" OF THE SECOND PART, WHEREAS the City hos agreed to ron the Operator the exclusive right to maintain ond operate buses for nce of pase sengers within the limits of the City for the period hereinafter set forth, subject to the terms and conditions hereinafter set out; / NOW, THEREFORE, THIS AGREEMENT WITNESSETH that the Parties hereto do covenant and agree es follows: 1. Subject to the terms and conditions of this agreement, the City hereby grants to the Operator the exclusive right to maintain and operate buses for the conveyance of Passenger within the limits of the City of Oshawe during the period from July 15, 1959 to December 31, 1968. 2 (1) Subject to the terms and conditions of this agreement, the Operator agrees to maintain and operate ¢ bus transportation system adequate to meet the need therefore of the inhabitants of the City of Oshawa during the period from July 15, 1959 te December 31, 1968. (2) Notwithstanding the provisions of subsection (1) of this pere- graph, the Operator shall not be required a) to continue to operate buses en any routes, other than those listed in Part | of Schedule "A hereto, if the some cannot be operated at a profit to the Operator, b) to continue to operate buses on any routes during any period when such operation is prevented by strikes, fires or similar events or by Acts of God or other causes reasonably beyond the eontrol of the rator. 3. Without limiting the generality of paragraph numbered 2 above, Operator agrees to commence operations on the routes set out in "A" attached hereto and agrees that he will not, without the prior sent of the City, cease to operate buses on the routes listed In Part | the sald Schedule "A". The Operator egress that he will not operate buses on the routes listed in Part 11 of Schedule "A" unless gives to the City at least two weeks writien notice of his intention to do so, said notice to be given to the City Clerk. 4. The City ogrees that the Operator may operate his buses along all routes listed in Schedule "A" attached and along all such other routes as may be approved by the City upon the application of the Operator. The City ogrees to decide on all such applications for approved routes within three weeks of the receipt of such applications end further agrees that it will not except for good and sufficient reasons refuse eny such ieath --ande-- attached and that such rates may be changed by the Operator et ony time upon two weeks written notice to the City of his intention to do so. 6. The City egrees that in order to focllitate bus operations, it willl: @) grant the hecessary authority for the erection and enforcement of recognized bus stops evidenced by signs for the exclusive use of the vehicles of the Operator, b) cooperate with the Operator by establishing where feasible in the downtown area through curb lanes for the exclusive use of buses during morning end evening rush hours; but the City shall be the sole judge as to whether and where any such eurb lanes are to be established; ; c) make end enforce reasonable regulations for the purpose of facilitating the operation of the bus system by forbidding parking within bus stop areas and regulating or forbidding similiar actions likely to interfere with the efficient operation of the system; do take whatever action is necessary to assure to the Operator the full enjoyment of the exclusiva franchise granted by paragraph numbered | of this agreement; @) carry on Its program of street repair and maintenance, snow re- moval, sending and such work having due regard for the require- ment of the Operator for adequately serviced routes upon which to operate his buses. 7. The Operator shall be liable only for the usual realty, local ime provements and business taxes levied from time to time on all taxpayers in the City. The City shall not assess and the Operator shall not be subject to or be liable for any franchise tax or for any special or unusual tax levied against him by the City. 8. The Operator agrees that he will smploy an independent firm of Chartered Accountants as his auditors and shall cause such' auditors te furnish the City as soon after January Ist in each year as possible with a Profit ond Loss Operating Statement on bus operations eovering the twelve month period ending December 31st in the preceding year, end In the cose of the calendar year ending December 31st, 1959, for such exceed the aggregate of the amounts to be deposited in the reserve fund under' paragraph 10. It is hereby acknowledged that It Is the intention of this agreement that all moneys payoble by paragraph 9 eof this agreement shall be paid by the City to the Operator as soon as money for payment is available in the reserve fund but that the aggregate of payments to be made under paragraph 9 shall not exceed the aggregate of money required to be deposited in the reserve fund under paregroph 10, It is further agreed that If ot any time there Is not sufficient moneys in the Tronsportation Subsidy Reserve Fund to pay the Operator in full any amount owing and poyable to the Operator pursuant to paras raph numbered 9 hereof, then in any such case the amount aveilable In the said fund shall be paid forthwith and the deficiency shall be debt owing by the City to the Operator and shall be paid to the Operator os and when and to the extent of the moneys subsequently deposited In fund pursuant to paragroph numbered 10 hereof. 12. This agreement shall remain in force until December 31st, 1968 provided, however, that if the amount payable by the City pursuant fe Raragraph numbered 9 hereof with respect to the period ending December 31, 1960 would, except for the provisions of paragraph 11, exceed the @mount required to be peid into the "Transportation Subsidy Reserve Fund" with respect to the said period pursuant to paragraph 10 hereof, then in such case either the City or the Operator may, on written notices dellvered to the other party on or before February 28, 1961, terminate this agreement os of December 31, 1961, 13. If this agreement is not terminated on December 31, 1961 pur suant to paragraph numbered 12, then It shall remain In full force and effect until December 31, 1968 and shall not be subject to cancellation by either 5m during the sald period. The Operator shall on or before February 28, 1967 inform the City whether he desires to negotiate for © renewal of the franchise agreement, if so, the terms upon which e renewal ls desired. If the operator notifies the City that he desires to renew the franchise agreement, negotiations shall be forthwith entered Into and proceeded with diligently between the City end the Operator with a view to reaching an agreement for renewal end If after such length of time during such calendar year as the Operator hos op d the said bus transportation system, The said Statement shall be prepared in accordance with usual accounting practices and shall include as an item of operating expense depreciation on equipment end other dee | 8 the parties reach an agreement, such an agreement shall be submitted to the municipal electors for approval and, If approval is obtained, the Sgteament shall be executed not later than the 31st day of December, 1967; otherwise the parties shall be entitled to act on the preciable assets charged on e declining balance basis at the rates allowable by the Department of National Revenue. , (1) The City ogress that subject to the provisions of paragraph resment, it will within one month of the receipt by It and Loss Operating Statement referred to In fos 11 of this of it of the P Slaph Tumbired 8 Juacac bey to the Operator whichever two following amounts is applicable: a) If the said statement shows a net Spitating loss, the City shall . pay @ sum equal to the oggregate of the following emounts: 5% of the Gross Revenue from the bus operations of the Operator within the City. 2-=The net operating loss shown by the statement, 3---An amount equal to the net cost price as of December 31st In the preced| r of two new buses of model General Motors T.GH. 3102 or the closest available equivalent model less the amount actually charged for depreciation on the entire fleet of buses during twelve month period covered by the sald statement. b) If the said statement does not show @ net operating loss, the City shall pay an amount equal tow 5% of Gross Revenue of the Operator frorh bus operations within the City. PLUS An amount equal to the net cost price as of December 31st In the preceding year of two new buses of model General Motors T.G.H. 3102 or the closest available equivalent mode! less the amount actually charged for depreciation on the entire. fleet of buses during the twelve month period covered by the said state- ment The net operating profit shown by the statement. (2) Notwithstanding the provisions of subsection (1) above, if the Operator does not commence bus operations on January 1, 1959, then in such event the amount to be paid by the City with respect to the period ending December 31, 1959 shall be arrived at by substituting in the above formulae for the cost of the twe new buses an amount which bears the same ratio to the cost of the two buses os the number of months that the Operator did operate the bus system bears to a twelve month period. (3) The Operator agrees in each year to purchase the twe buses refererd to in subsection (1) of this paragraph. 4) It is agreed that the moneys payable by the City to the rator pursuont to the said formula shall not be Included as an item of revenue In any of the profit and loss statements to be furnished pursuant to the provisions of paragraph numbered 8 hereof. : 10. The City agrees to establish e cial reserve fund to bs known es the "Tronsportation Subsidy Reserve Fund" and to deposit to the eredit of the said fund before December 31, 1959 and before December 31st In each succeeding year of this agreement the sum of $37,000.00 annually, provided, however, that in the event that the Op does not ee bus operations on Jenuary 1, 1959 then in such case the emount of the deposit to be made before December 31st, 1959, shall be reduced by en amount which bears the some ratio to $37,000.00 as the period from Jonuary Ist, 1959 to the date of commencement of operations bears to a period of 12 months 11. The City and the Operator agree that notwithstanding anything contained elsewhere in this agreement the total ligbility of the City to pay money to the Operator pursuant to the provisions of his dy of this agreement shall be limited to the total amount of money required to deposited in the "Transportation Subsidy Reserve Fund" pursuant te 5. The City and the Operator ogres that the rates ome of op porogroph 10 of this agreement regardless of whether the aggregate of the amounts which would otherwise be payable pursuant. to: percgreph $ Pp that the Operator will mot rate the bus ti i system after December 31st, 1948. Gp Teraperiation 14. Upon the termination of this agreement on December 31, 1961 or on December 31, 1968 and provided that the Operator has substantially performed his obligations hereunder the City shall purchase all the physical assets of the bus system of the Opergier used in carrying on the franchise. (2 The Juichase price to be pald by the City for such physical assets shall be an amount equal to the value of such physice! assets as of the date of termination of this agreement less the mount of oy liens or charges charged against such assets, 3) If the City and the Operator are unable to agree -as to the amount to be paid by the City under this paragraph, then such amount shall be determined by a three-man Board of Arbie tration to which the City and Operator shall each name a repre- sentative and the two representatives so appointed shall name the third member who shall serve as chairman. (4) After the termination of this agreement and until the pay- ment to the Operator by the City of the purchase price as deter- mined in accordance with the provisions of this paragraph, the City shall be entitled to the use of the cssets of the rator which the City is purchesing and, as compensation for such use, the City ogrees to pay to the Operator interest on the purchase price as above determined ot the rate of 6% per annum from the date of termination of the agreement to the date of payment of the purchase price. (1) The Operator shall not, without the consent of the City, enter into any contract or arrangement which would extend beyond the period of this agreement, (2). The Operator agrees to follow the employment practices set out in Scheduls "C" to this agreement upon taking over the operation of the Oshawa transportation system from the Oshawa pay Company Limited. . 8 hereby agreed that the Operator, with the approval of City, shall be entitled to form a corporation under: the ih of Pith Transist Company Limited and to operate the bus system in the name of aly Srperaiicn. , Ispute arising out of this agreement between the Operator shall be referred to and i by The oe Sy od icipal Board or, in the event that such Board is unable or unwilling to act, shall be referred to and determined by a Board of Arbitration cone stituted In the same manner as the Boord of Arbitration provided for by Regn 14 2 of this agreement N HEREOF the City has hereunto set its Corpora attested by the hands of its proper signing officers in that i wal the tor has hereunto offixed his hand and seal. THE CORPORATION OF THE CITY OF OSHAWA Anessa seni nase snes vesssssnsesssscce Mayow (Witness) is SCHEDULE "A" TO AGREEMENT DATED 1959 BETWEEN THE CORPORATION OF THE CITY OF OSHAWA and JARDINE JAMES DICKSON BUS ROUTES PART 1 SIMCOE STREET ROUTE Buses operate on Simece Street between the North Cy limits end the KING STREET ROUTE Street between the Eostern City Limits and Steven. son Road, North on Stevenson Rood to Rosslond Rood, East to Nipigen, South to Annapolis, West of Gibbons South en Gibbons to King Eason Cy Limits. (Buses operate through Shopping Centre rections. RITSON « PARK ROAD - G.M. ROUTE Buses operate from G.M. South Plant vie Park Cubert, North to Tresane, West to Pork Read, Ritson and South te Wolfe. Nok bm. PART 11 OSHAWA BOULEVARD - BULALIE ROUTE Buses serving General Motors North Plant and Wilson Roed, Apple Hill districts and using the present route: ! King and Simcoe Southbound te Bi Eost to Drew, South te EKulalie, East to Wilson Road, South to Bloor, East to Ha Read, North te Tennyson, West to Farewell, North to Olive, West te Wilsen Rood, North to Eulolie, West to Drew, North to Bruce, West to Simess, Northbound to Willem, Eost to Oshawa Boulevard, South to Richmond, Eost to Central Park Boulevard, North to Beverly, West to R , Nerth to Alice, West to Division, South te Willlom, West to Simcoe end South to King Street, SCHEDULE "8" TO AGREEMENT DATED 1959 BETWEEN THE CORPORATION OF THE CITY OF OSHAWA end JARDINE JAMES DICKSON RATES One way cash fare==18 eents, 4 tickets for 50c. (51 inches in height and under) One way cash fare--10 cents. 4 tickets for 25¢. (N.B. Infants in arms----unable to walk will be carried free of charge.) Subject to the conditions Spaciad in Rule 2, Scholars will be transported ot the following fares: -- way cash fore=--10 cents. 4 tickets for 1. PARES: Adulte Children Scholars-- 2. SCHOLARS: Scholars fares apply to Scholars, 18 years ef age end under, ettending elementary schools, high schools, and such other business colleges es are registered ot the office of the Operator and ¢omply with instructions covering the issuance of Scholars' certifl Scholars must be in pes. session of go certificate and present some to Bus Operator for Inspection when boarding the bus. Scholars' cash fares and tickets will be honored only between the hours of 7:30 a.m. to 5:00 p.m, while travelling te ond from school on schoo! days only. Nete--Scholars unable te present certificates to Bus Operators will be required to pay odult fares. CHUL "er AGREEMENT DATED 1959 BETWEEN THE CORPORATION OF THE CITY OF OSHAWA end JARDINE JAMES DICKSON The Operator to follow the employment proctices set out 1 Tein, over he operation of the bus transportation system from ve y pany Limited: 1. Every ployee will be given the epportunity to apply for empley. ment with new company. 2. The Operator intends to employ all the employees of the ' operator except those persons who have applied to continue their employment with the Canadian National Railways, upon the following conditions: (a) Their existing seniority will be ined; sign-ups end future I will be carried out In accordance with such seniority, () No medical will be required of any employee when loyment originates; but periodic medicals must be taken following the © [cs will. vot bs ideration of for same pattern as at present. employees. (d) If it becomes necessary to hire or train additional em persons resident in Oshawa will be givin first consideration. (e) Those persons who have applied to continue their employ- ment with the Canadian National Railways, and whose applicas tions are not accepted, and such non-acceptance is verified in writing by the Canadian National Rallways, will be eligible te. apply for employment and, if and when they are employed, they will have in so for as seniority is concerned, the status of new employees, subject to the right of the Union if the Union se desires to give such employees their original seniority, (A) All employees must be eligible for bonding. LL, R. ici Me of Ma Corp ration of the City of Oshawa, de y © ng is @ true of proposed Number 3605 of the City pry ws Bg -py " Bylaw Barrand, LR : Clerk, City of Oshawa. f the assent of the electors is obtained to it, the proj law will be token into consideration by the Council after the pod of one month from the date of the first publication. Published a first time the 12th doy of May, 1959. Oshawa, Ont. 12th May, 1959. L R. Barend, City Clore.