HomeMy WebLinkAbout82-121
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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.
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G. B. Rickard, Mayor
Jl~~
D. W. Oakes, Clerk
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. 'A' THIS AGREEMENT made in duplicate this lstdayof Oct. 1982.
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BET WEE N:
THE CORPORATION OF THE CITY OF OSHAWA
hereinafter called the "CITY"
OF THE FIRST PART
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-and-
THE CORPORATION OF THE TOWN OF NEWCASTLE
herei nafter ca 11 ed the "TOWN"
OF THE SECOND PART
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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;
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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:
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By-!a:y No.--.--____$;~__::-J~J__
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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
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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 ".
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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
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on a plan attached as Schedule "8", subject to the terms and
conditions contained in this agreement.
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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.
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2.5
Subject to Clause 6.0 of this agreement, the Town
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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
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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.
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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".
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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
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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.
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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
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SCHEDULE nAil
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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
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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,
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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
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to the northerly limit of the unopened boundary road, being in total
approximately 2.2 km in length.
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THE CITY
SCHEDULE B (SOUTH HALF)
BOUNDARY ROAD AGREEMENT
BETWEEN
OF OSHAWA & THE TOWN OF NEWCASTLE
City of Oshawa
Boundary
Road
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Town of Newcastle
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