Loading...
HomeMy WebLinkAbout2159 A by-law to authorize the execution of an agreement with the City of Oshawa for maintenance and repair of Townline Road. WL~REAS Townline Road is a Public Highway forming part of a boundary between the City of Oshawa and the Township of Darlington, AND WfIEREAS the City and the Township have a~eed to provide for its maintenance and repair by entering into an agreement therefor; NO~V TrT;R~'FURE pursuant to the Municipal Act, R.S,O. 1950, Chapter 243, Section 437, the Municipal Council of the Corporation of the Township of Darlington hereby ENACTS as follows: 1. The Council of the Township of Darlington hereby confirrns an agreement entered into with the City of Oshawa for the maintenance of the Townline Road being the boundary road between the Township and the City in the form attached hereto as Schedule "A". 2. The Reeve and Clerk are hereby authorized to execute the said agreement on behalf of the Township of Darlington. 3. This by-law shall take effect on the day it is passed by Council, BY-LAVr' GIVEN ITS FIRST AAID SECOND READI?~S ON THIS 7TH DAY OF JULY A. D. 1960, BY-LAIV GIVEN ITS THIRD READING AT?D FIATALLY PASSED ON TFIIS 7TH DAY OF JULY A.D. 1960, Reeve Clerk SCHEDULE " A" T H I S A G R E E M E N T made in duplicate this 19th day of May, 1960, B E T W E E N: THE CORPORATION? OF THE CITY OF OSHAWA, hereinafter called the "CITY" OF THE FIRST PART, - and- TIC CORPORATION OF THE T01'~NSHIP OF DARLINGTON, Herinafter called the "TOWNSHIP" OF T.']E SECOND PART, WfLz:REAS Townline Road is a public highway forming part of the boundary between the City of Oshawa and the Township of Darlington; A~yyr~EAS the City and the Township have agreed to provide for its maintenance and repair by entering into this agreement; NOW THEREFORE, THIS AGREF~P~NT WITPIESSETH that the Parties hereto do covenant and agree as follacs; 1. The City, commencing on the 1st day of June, 1960, shall main- tain and repair to its full width that part of the public highway known as Townline Road which forms the boundary between the City of Oshawa and the Township of Darlington, and is more particularly described in Schedule "A" hereto, 2, Subject to the provisions of paragraph j of this agreement, the City agrees that it shall not undertake major work such as regravelling, repaving, or reconstruction without the written consent of the Council of the Township but the City may do such work as ditching, culvert replace- ment (excepting, however, the creek culvert north of King Street , grading, scarifying, priming, patching, snow ploughing, sanding, salting and other normal maintenance and repair operations without notice to the Township and without the consent of the Council thereof. 3, Nothing in this agreement shall limit the right of the City to do such work as is necessary in order to fulfill any obligation imposed on it by section L.5j of The Municipal Act 1950, R,S,O „ Chapter 2t,j, -3- 4. The Township shall pay to the City one half of the cost of all work done by the City on Townline Road under this agreement, including work done by the City in fulfillment of any obligation imposed on it by section x.53 of The Pdunicipal Act 1950, R,S,O„ Chapter ?1F3, 5. The cost of work done shall, for the purposes of this be a sum equal to the aggregate of the following agreement, amounts: a~ the actual cost to the City of labour devoted to such work plus 3~; of such actual cost, b~ the actual cost to the City of material used on such work plus la; of such actual cost, c~ the rental value of equipment used directly on such work, d~ any actual and direct cost incurred by the City for such work and not included in items a~, b~ ~. c~• 6• The City agrees to indemnify and save harmless the Township from any loss or damage arising from the want of repair of the portion of Townline Road which the City agrees to maintain and repair during such period as this agreement remains in force, 7. Pdothing in this agreement shall require the City or the Town- ship to incur any expenditure in any year except to the extent that the money therefor is included in the estimates of the City or the Tovmship for the year in which the expenditure is to be made, $• Thia agreement shall come into force on the 1st day of tune, 1960 and shall continue in force for a period of ten years provided, however, that either party, on three months notice mailed to the Clerk of the other party, may terminate this agreement such termination to take effect on the date named in such notice. ZN YYI`1'NESS Wf~REOF the Parties hereto have hereunto affixed their Corporate seals attested by the hands of their proper signing officers in that behalf, THE CORPORAT70N OF Tf~ CITY OF OSHAWA b,ayor Clerk THE CORPORATSON OF T'rLF TOtiVA:SFITP OF DARLTNCTON ~ / Reeve ~~~ ~ ~~ ~ ~ Clerk SCHEDTILE " A" All that part of the boundary road between the City of Oshawa and the Township of Darlington known as the Townline Road and being that part of the original allowance for road between the Township of East Whitby (now the City of Oshawa in the County of Ontario, and the Township of Darlington in the County of Durham, running southerly from the extension easterly of the dividing line between the North and South halves of Lot 1, Concession 2 in the Township of East Whitby (now the North limit of the City of Oshawa to the north limit of the Base Line Road in the Township of Darlington (south limit of Lot 35, Concession 1, Darlington Township SAVE AND EXCEPT TF~RFFROM the lands owned by the Canadian Pacific Railway, The Department of Highways for the Province of Ontario (Highway 401 and the Canadian National Railway.