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HomeMy WebLinkAbout82-121 4' .,. THE CORPORATION OF THE TOWN OF NEWCASTLE BY-LAW NUMBER 82-121 being a by-law to authorize the execution of a Boundary Road Agreement with the Corporation of the City of Oshawa The Council of the Corporation of the Town of Newcastle ENACTS AS FOLLOWS: 1. That the Mayor and Clerk are hereby authorized to execute, on behalf of the Corporation of the Town of Newcastle and seal with the Corporation1s seal, a Boundary Road Agreement for the roads forming the boundary between the Town of Newcastle and the City of Oshawa, dated the I sf day of 0 o\;t)~ 1982, in the form attached hereto as Schedule "X". 2. That Schedule "X" attached hereto forms part of this by-law. BY-LAW read a first time this 20th BY-LAW read a second time this 20th BY-LAW read a third time and finally passed day of day of this 20th September, 1982 September, 1982 day of September, 1982. ~~ G. B. Rickard, Mayor Jl~~ D. W. Oakes, Clerk 'fU. NO'nn3.5.JL.lL......__.......1 I - . 'A' THIS AGREEMENT made in duplicate this lstdayof Oct. 1982. J ~ .. . . ~ ~ '" BET WEE N: THE CORPORATION OF THE CITY OF OSHAWA hereinafter called the "CITY" OF THE FIRST PART 4..... -and- THE CORPORATION OF THE TOWN OF NEWCASTLE herei nafter ca 11 ed the "TOWN" OF THE SECOND PART . WHEREAS Townline Road is a public highway forming the boundary between the City of Oshawa and the Town of Newcastle, both area municipalities in the Regional Municipality of Durham; .~ AND WHEREAS pursuant to an agr!ement, between the Corporation of the City of Oshawa and the Corporation of the Town of Newcast 1 e, dated the 25th day of October 1976 provi s i on was made for the maintenance and repair of the Townline Road lying between the two municipalites; AND WHEREAS the City and the Town have agreed to update the agreement dated the 25th day of October 1976 to provide for the maintenance and repair of the Townline Road by entering into this agreement; NOW, THEREFORE, THIS AGREEMENT WITNESSETH that the Parties hereto do covenant and agree as follows: " By-!a:y No.--.--____$;~__::-J~J__ . '. .. . . . ...' . . . .. - 2 - 1.0 The City shall at its expense maintain and repair to the ~~ll width that portion of the public highway known as the ~rownline Road, which forms the boundary between the City and the Town as described in Part I of Schedule IfAIf and further illustrated on a plan attached as Schedule "B", subject to the terms and condit~ons contained in this agreement. 1.1 The City agrees that it shall not undertake major work on that part of the Townline Road described in Part Iof Schedule "A", such as regravelling, repaving, asphalt or emulsion resurfaci ng, or reconst ruct i on without the wri tten consent of the Council of the Town of Newcastle. The City may do such work as ditching, culvert replacement, tree trimming and removal, scarifying, priming, gravel patching, snow plowing, sanding, salting, snow fencing and other normal maintenance and repair /' /' "'-,~ operations at its expense without notice to the Town and without the consent of the Council thereof. 1.2 The City agrees to indemnify and save harmless the Town from any loss or damage arising from the want of repair far that portion of the Townline Road which the City has agreed to maintain and repair as described in Part I of Schedule "A" during the period this agreement remains in farce. 1.3 The City shall in accordance with City policy administer the installation of all ehtrance ways along the full width of that portion of the Townline Road as described in Part I of Schedul e "A ". ,1. . , ' , .- . . .. - 3 - 1.4 The'City shall fully maintain all traffic signs and locai intersection signing associated with those portions of the "boundary road as described in Part I of Schedule "A". 1.5 Subject to Clause 6.0 of the agreement, the City agrees not to undertake any sidewalk installations or any major street lighting improvements, such as the installation of new facilities or the changing of the type of lighting system, on that part of the boundary road as described in Part I of Schedule "A" without the written consent of the Town. Notwithstanding the foregoing, in the event that a subdivision development occurs on either side of Townline Road and works related to the subdivision are required pursuant to the terms of the Subdivision Agreement, the Municipality that has entered into the Subdivision Agreement may perform the works contemplated therein on the Townline Road without the Consent of the other Municipality provided such other municipality is. given notice of such proposed work prior to the execution of the Subdivision Agreement and provided the proposed work is undertaken at no expense to the municipality which is not a party to the Subdivision Agreement. 2.0 The Town, at its expense, shall maintain and repair to the full width that portion of the public highway known as the Townline Road, which forms the boundary between the City and the Town as described in Part II of Schedule "A" and further illustrated , on a plan attached as Schedule "8", subject to the terms and conditions contained in this agreement. . . - 4 - 2.1 The Town agrees that it shall not undertake major work on that part of the Townline Road described in Part II of -'Schedule "A", such as regravelling, repaving, asphalt or emulsion resurfacing, or reconstruction without the written consent of the Council of the City of Oshawa. The Town may do such work as ditching, culvert replacement, tree trimming and removal, !\Jppj scarifying, priming, gravel patching, snow plowing, sanding, salting, snow fencing and other normal maintenance and repair operations at its expense without notice to the City and without the consent of the Council thereof. 2.2 The Town agrees to indemnify and save harmless the City from any loss. or damage arising from the want of repair for that portion of the Townline Road which the Town has agreed to maintain and repair as described in part II of Schedule "A" during the period this agreement remains in force. 2.3 The Town shall in accordance with Town policy administer the installation of all entrance ways along the full width of that portion of the Townline Road as described in Part II of Schedule "An. 2.4 The Town shall fully maintain all traffic signs and local intersection signing associated with those portions of the boundary road as described in Part II of Schedule nAil. ., - 5 - 2.5 Subject to Clause 6.0 of this agreement, the Town ,- agrees not to undertake any sidewalk installations or any major ~'9'treet lighting improvements, such as the installation of new facilities or the changing, of the type of lighting system, on that part of the boundary road as descri bed in Part II of Schedule "A" without the written consent of the City. Notwithstanding the foregoing, in the event that a subdivision development occurs on either side of Townline Road and . works related to the subdivision are required pursuant to the terms of the Subdivision Agreement, the Municipality that has entered into the Subdivision Agreement may perform the works contemplated therein provided such other municipality is given notice of such proposed work prior to the execution of the Subdivision Agreement and provided the proposed work is undertaken at no expense to the municipality which is not a party to the Subdivision Agreement. . 3.0 Nothing in th~s agreement shall require the City or the Town to incur any expenditure in any year except to the extent that money be included in the estimates of the City or the Town for the year in which an expenditure is to be made. 4.0 Nothing in this agreement shall oblige either the City or the Town to open for public travel, maintain or repair any portion of the boundary road allowance that is designated as "unopened" or that is not maintained by either Party, as illustrated on the plan attached as Schedule "B". , ' . .. - 6 - 5.0 The City and Town agree to share, on a 50:50 basis, the "cost of providing and maintaining a street lighting system along . '~he combined portions of the boundary road as described in Part I and Part II of Schedule "A~ in this Agreement and along the follow,ing portions of the boundary road under the jurisdiction of the Region of Durham: a) from Olive Avenue in the City northerly along the boundary to Taunton Road, a distance of approximately 5.15 km, and b) from Bloor Street East in the City southerly along the boundary . to the continuation of Regional Road #22 in the Town, a distance of approximately 0.25km. 5.1 Subject to Clause 6.0 of this agreement, the City and ,Town agree not to undertake any sidewalk installations or any major . street lighting improvements, such as the installation of new facilities o'r changing the type of lighting ~ystem, on those portions of the boundary road under the jurisdiction of the Region of Durham without the written consent of both the City and Town Councils. Notwithstanding the foregoing, in the event that a subdivision development occurs on either side of Townline Road and works related to the subdi vi sian are requi red pursuant to the terms of the Subdivision Agreement, the Municipality that has entered into the Subdivision Agreement may perform the works contemplated therein provided such other municipality is given notice of such proposed work prior to the execution of the Subdivision Agreement and provided the proposed work is undertaken at no expense to the municipality which is not a party to the Subdivision Agreement. .. '_ 'I ~ '. ,. . . .. - 7 - 6.0 Nothing in this agreement shall derogate from the responsibility of the City or the Town to do such work as is necessary in order to fulfil any 'obligation imposed by Section 284 4~f The Municipal Act, 1980, Chapter 302. In the event that either the Town or the City is obl i ged to make such an expenditure it shall be reimbursed upon demand being made for those costs expended upon that portion of the Townline Road which the other party has agreed to maintain and repair at its expense. 7.0 This agreement shall come into force on the_1st day of October, 1982 and shall continue in force from year to year until revised or terminated. Either party may terminate or amend the agreement at any time upon six months' prior written notice, which notice shall be sufficiently given if sent by regular mail addressed to the Clerk of the City or Town as the case may be. 8.0 This agreement shall supersede all former Boundary Road Agreements between the parties hereto. IN WITNESS WHEREOF the Parties have affixed their Corporate Seals attested by the hands of their proper signing Officer. THE CORPORATION OF THE CITY~A ~~/~ ~7/. CLERK - .. "",'" f ". SCHEDULE nAil / BOUNDARY ROAD AGREEMENT BETWEEN THE CITY OF OSHAWA AND THE TOWN OF NEWCASTLE PART I THAT PORTION OF THE TOWNLINE ROAD TO BE MAINTAINED BY THE CITY OF OSHAWA -..-. That part of the boundary road between the City of Oshawa and the Town of Newcastle known as the Townline Road; . from Olive Avenue in the City of Oshawa southerly to Lake Ontario, being approximately 1.9 km in length, except that portion of the boundary road under the jurisdiction of the Regional Municipality of Durham and the unopened portion across the Farewell Creek and from the Sixth Concession Road in the City of Oshawa southerly to. the Seventh Concession of Darlington in the Town of Newcastle, being approximately 0.2 km in length, and from,the Eighth Concession Road in the City of Oshawa northerly to the Tenth Concession Road of Darlington in the Town of Newcastle, . being approximately 2.3 km in length. PART II THAT PORTION OF THE TOWNLINE ROAD TO BE MAINTAINED BY THE TOWN OF NEWCASTLE That part of the boundary road,between the Town of Newcastle and the City of Oshawa known as the Townline Road; from Durham Regional Road 4 (Taunton Road) northerly to the Fifth Concession Road in the City of Oshawa and then extending northerly a further 190 m to the southerly 1 imit of the unopened boundary road, being in total approximately 2.2 km in length, and from the Eighth Concession Road in the City of Oshawa southerly to Durham Regi ona 1 Road 3 and then extendi ng southerly a fu rther 200 m 'I' to the northerly limit of the unopened boundary road, being in total approximately 2.2 km in length. ok n ..... rt '< o I-h o Ul ...... 5) ~ (\) T td o :;de:: o ;:l -'(\)Q. Q.(U l"1 '< 1 i o I-h Z l1l ~ (') (U Ul rt I--" ro ^' I ~- z ~ ~ -_~_____:w_____... .. ~ i !' .. . " .. .. i frown of Newcastle ~sponsibility ~ i !' lll,', wi ~ -~ ..~ ill City 0 J3.espon -;~;e~~d3----- -- to;; ... o a !' _0'0 Oshawa ibility ~ UnopeneD -; i !' . n o a !' ------ City of Oshawa Responsibility~ ..~ ~ o .. ... .. ;J n o .. r> __Junopened t-3 o;J 0 n ~ i (I) r> ::r ..... '0 0 I-h tr.l n c:: QQ 0 QQ \ ---.. ~~... . , .' . . 1-3 ::t: l:%j n H ~ o "':l t:d tr.l o n ~ ~ ~ ::r: t:::I t:::I ~ ~ ~ :> >< l:%j t:d Q"> t:r:1:;d t:d 1-3 ~ ~ ,-. ::r: t:r:1 t:::I Z t:r:1 t:r:1 0 Z:> :;d 1-3 0 t-3 o ~::r: ~ t:r:1 ~ Ei3 ... Z "':l 1-3 "-' o "':l Z ~ n :> tr.l t-3 t"" t:r:1 N ---- :<<.:...4 , "'" 2 '1 b . '. '''~' " }- J . THE CITY SCHEDULE B (SOUTH HALF) BOUNDARY ROAD AGREEMENT BETWEEN OF OSHAWA & THE TOWN OF NEWCASTLE City of Oshawa Boundary Road ~~~ Town of Newcastle ...-.. ~... . ~~ f1_ ~ F(" r_ ....c..u I COliN" ."' CQftc. - I- I I I I I I ;r;===;) COUmcl:, .- c....... .- - .,