Draft Resolution sent to Montreal West

THAT the Ville de Montréal, per the Lachine Borough Council, require the Town of Montreal West to immediately remove this device (sidewalk) installed in the centre of Broughton Road and Des Érables Street contrary to the agreement reached between the municipalities as referred to in the November 12, 2009 decision by the Court of Appeal;

THAT the Ville de Montréal, per the Lachine Borough Council, ask the Town of Montreal West to respect this agreement and undertake to remove this device until such time as the emergency services concerned have agreed to the installation of a proper device that meets the road safety requirements for all users;

Addition to the agenda, item 30.09: Formal Demand to the Town of Montreal West

DRAFT RESOLUTION

IN VIEW OF the decision rendered by the Québec Court of Appeal in the proceedings of Montréal vs. Montreal West on November 12, 2009;

IN VIEW OF the resolution made by the Municipal Council of the Town of Montreal West on September 30, 2009 containing the following provision:

“That the installation of new physical devices (other than the signposting already in place) on the roadway of Broughton Road, intended to restrict access except for only emergency vehicles or emergency situations, must have the prior agreement of the emergency services concerned, in particular the Service-incendie of the Ville de Montréal.” (unofficial translation)

WHEREAS a physical barrier was installed at the intersection of Broughton Road and Des Érables Street on October 5, 2010;

WHEREAS the emergency services and in particular the Service-incendie of the Ville de Montréal have not agreed in any way to the installation of such a device;

IN VIEW OF the agreement reached between the Town of Montreal West and the Ville de Montréal as referred to in the November 12, 2009 decision of the Court of Appeal;

IT IS MOVED BY

SECONDED BY

THAT the Ville de Montréal, per the Lachine Borough Council, require the Town of Montreal West to immediately remove this device (sidewalk) installed in the centre of Broughton Road and Des Érables Street contrary to the agreement reached between the municipalities as referred to in the November 12, 2009 decision by the Court of Appeal;

THAT the Ville de Montréal, per the Lachine Borough Council, ask the Town of Montreal West to respect this agreement and undertake to remove this device until such time as the emergency services concerned have agreed to the installation of a proper device that meets the road safety requirements for all users;

Addition to the agenda, item 30.08: Mandate to the law firm Dufresne Hébert Comeau for professional services

DRAFT RESOLUTION

IN VIEW OF the decision rendered by the Québec Court of Appeal in the proceedings of Montréal vs. Montreal West on November 12, 2009;

IN VIEW OF the resolution made by the Municipal Council of the Town of Montreal West on September 30, 2009 containing the following provision:

“That the installation of new physical devices (other than the signposting already in place) on the roadway of Broughton Road, intended to restrict access except for only emergency vehicles or emergency situations, must have the prior agreement of the emergency services concerned, in particular the Service-incendie of the Ville de Montréal.” (unofficial translation)

WHEREAS a physical barrier was installed at the intersection of Broughton Road and Des Érables Street on October 5, 2010;

WHEREAS the emergency services and in particular the Service-incendie of the Ville de Montréal have not agreed in any way to the installation of such a device;

IN VIEW OF the agreement reached between the Town of Montreal West and the Ville de Montréal as referred to in the November 12, 2009 decision of the Court of Appeal;

IT IS MOVED BY

SECONDED BY

THAT the Ville de Montréal, per the Lachine Borough Council, mandate the law firm Dufresne Hébert Comeau to examine and report to the Borough administration and prepare, as the case may be, any useful legal procedures toward obtaining observance of the agreement concluded between the Town of Montreal West and the Ville de Montréal as referred to in the November 12, 2009 decision of the Court of Appeal, setting aside a sum of $30,000 from the Borough’s surplus toward payment of fees to be billed by the said legal firm.

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