HomeMy WebLinkAbout2006-117
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
BY-LAW NUMBER 2006-117
being a by-law to authorize the execution of an amending Boundary
Road Agreement with the Corporation of the City of Oshawa.
NOW THEREFORE, the Council of the Corporation of the Municipality of
Clarington enacts as follows:
1. THAT the Mayor and Clerk are hereby authorized to execute, on behalf of
the Corporation of the Municipality of Clarington and seal with the
Corporation's seal, an Amending Boundary Road Agreement for the roads
forming the boundary between the Municipality of Clarington and the City
of Oshawa, dated the 29th day, in May, 2006 the form attached hereto as
Schedule "X".
2. THAT By-law 2004-165 is hereby amended by replacing Schedule "X" of
this by-law.
3. THAT Schedule "X" attached hereto forms part of this by-law.
BY-LAW read a third time and finally passed this
29th day of May
29th day of May
29th day of May
2006
BY-LAW read a first time this
BY-LAW read a second time this
2006
2006
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4th December
THIS AMENDING AGREEMENT made in triplicate as of the ~ day of OdubGi, 2006
BETWEEN:
THE CORPORATION OF THE CITY OF OSHA W A
(herein referred to as "Oshawa")
~ and ~
THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
(herein referred to as "Clarington")
RECITALS
(a) Pursuant to section II of the Municipal Act, 2001, Clarington and Oshawa (collectively, the
"Municipalities") may pass by-laws respecting matters within the "highways" sphere of
jurisdiction.
(b) Pursuant to section 29 of the Municipal Act, 2001, if municipalities having joint jurisdiction over
a boundary line highway enter into an agreement under which each municipality agrees to keep
any part of the highway in repair for its whole width and to indemnify the other municipality
from any loss or damage arising from the lack of repair for that party, the agreement and a copy
of the by-law authorizing the agreement may be registered in the land registry office.
(c) Townline Road is a boundary line highway over which Oshawa and Clarington have joint
jurisdiction.
(d) By agreement dated October 25, 2004 ("Boundary Road Agreement") Oshawa and Clarington
made provision for all matters relating to the maintenance, repair and construction and the
sharing of costs of such construction of certain parts of Townline Road.
(e) Clarington and Oshawa wish to amend the Boundary Road Agreement to clarify responsibilities
respecting street lighting.
Now THEREFORE in consideration ofthe mutual terms, conditions and covenants contained herein and
other good and valuable consideration, the receipt and sufficiency of which by each of the
Municipalities is hereby acknowledged, THE MUNICIPALITIES AGREE AS FOLLOWS:
1. Paragraph 1.01(e) of the Boundary Road Agreement (defining "Construction") is amended by
adding the words, "street lighting" so that paragraph 1.0 I (g), as amended reads as follows:
" "Construction" includes reconstruction, gravelling, paving and excavating and includes the
installation of engineered fill, subdrains, granular base, concrete curb and gutter, concrete sidewalk,
guiderails, topsoil, sod, street trees, storm sewers, catchbasins, culverts, bridge construction, traffic
signalization, street lighting, sanitary sewers, watermains and service connections and also similar
activities and materials in, under, over, upon, along, above or across Townline Road but does not
include Maintenance and Repair."
2. Paragraph 1.01G) of the Boundary Road Agreement (defining "Maintain and Repair") is amended by
adding the words, "street lighting maintenance" so that paragraph 1.01(j), as amended, reads as
follows:
" "Maintain and Repair" means activities relating to the maintenance and repair of municipal
highways in accordance with and to the standard from time to time prescribed by by-law and policy,
as applicable, of Clarington or Oshawa, as the case may be, including, without limitation, ditching,
CSP culvert replacement, box culvert restoration, curb replacement, guiderail repair, pavement
H:\Agreements\Boundary Road\Clarington Boundary Road Amending Agreement.doc
2
marking, regravelling, repaving, emulsion resurfacing, asphalt patching, gravel patching, grading
and seasonal maintenance, sidewalk replacement, sidewalk maintenance, maintenance of existing
road closure gates, sewer and catchbasin cleaning, priming crack sealing, grass and weed cutting,
sweeping and flushing, traffic and regulatory sign maintenance, winter control measures (including
snow plowing, snow removal, snow fencing and de-icing) litter control, tree trimming and removal,
traffic signalization maintenance, street lighting maintenance and bridge maintenance."
3. Section 4.01 of the Boundary Road Agreement is amended by adding the words, "operating and", so
that section 4.01, as amended, reads as follows:
"Oshawa and Clarington shall, subject to each Municipality's budget approval, share equally the
costs of operating and maintaining a street lighting system in respect of Clarington Roads, Durham
Roads and Oshawa Roads."
4. Paragraph 6.01(b) of the Boundary Road Agreement is amended by deleting the first word, "The",
and by adding the following text to precede the remaining existing text:
"Oshawa and Clarington shall, subject to each Municipality's budget approval, share equally the
benefit-to-existing component of the street lighting portion of Construction Costs relating directly to
such Construction. The Developing Municipality shall bear the balance ofthe street lighting portion
of Construction Costs relating directly to such Construction. Otherwise, the'l'
I
so that paragraph 6.01(b), as amended, reads as follows:
"Oshawa and Clarington shall. subiect to each Municipality's budget approval. share equallv the
benefit-to-existing component of the street lighting portion of Construction Costs relating directly to
such Construction. The Developing Municipality shall bear the balance ofthe street lighting portion
of Construction Costs relating directly to such Construction. Otherwise. the other Municipality
shall bear none of the Construction Costs relating directly to such Construction."
5. The Boundary Road Agreement, as amended by this amending agreement, shall remain in effect and
time shall remain ofthe essence.
WITNESS WHEREOF the Municipalities hereto have hereunto affixed their corporate seals duly attested by the
proper signing officers in that behalf.
THE CORPORATION OF THE CITY OF OSHA W A
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THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
MAYOR
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H:\Agreements\Boundary Road\Clarington Boundary Road Amending Agreement.doc