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HomeMy WebLinkAbout2446A by-law to aluthorize and agreement with the City of Oshawa. .. k ~. r ••~ r -c :pa :~< . ~ v~ .. ... v .~^jr ' ' ~ BY-LAW NUMBER 141-?0 OF ' ~'. THE CORPORATION OF THE CITY OF OSHAWA ' ,, ; being a by-law to authorize the execution of an .agreement between The Corporation of the City of Oshawa and The Corporation of the .Township of Darlington. BE IT ENACTED AND IT IS HEREBY ENACTED as a by-law of The Corporation of the City of Oshawa by the Council thereof. as follows• i 1, That the Mayor and Clerk be and they are hereby authorized to execute an agreement in the form attached hereto as Schedule "A" to this by-law dated the 1st day of June, 1970 between The Gorporation of the City of Oshawa and The Corporation of .the Township of Darlington for-the maintenance of the townline road between the City of Oshawa and.. Township of Darlington. By-law read a first time this 4th day of August 1970. By-law read a second time this 4th day of August 1970. By-law read a third time and finally passed this. ~Fth ` ~y of pugust 1970. . Schedule ..A.. T H I S A G R E E M E N T made in duplicate this 1st day of June, 1970. B E T W E E N: THE CORPORATION OF THE CITY OF .OSHAWA, hereinafter called the "CITY" OF THE FIRST PART -and- THE CORPORATION OF THE TOWNSHIP OF DARLINGTON hereinafter called the "TOWNSHIP" OF THE SECOND PART, WHEREAS Townline Road is a public highway forming part of the boundary between the City of Oshawa and the Township of Darlington; AND WHEREAS the City and the Township have agreed to provide for its maintenance and repair by entering into this agreement; NOW THEREFORE THZS AGREEMENT WITNESSETH that the Parties hereto do covenant and agree as follows: 1, The City, commencing on the 1st day of June, 1970, shall maintain 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 3 of this agreements 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 replacement (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 r`I ri s 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 443 of•The Municipal Act 1460, R.S.O., Chapter 249. 4, The Township shall pay to th'e 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 impased on it by section 443 of The Municipal Act 1960, R.S.O., Chapter 249. 5, The cost of the work done shall, for the purposes of this agreement, be a sum equal to the aggregate of the following amounts: a) the standard rates of the City for labour devoted to such work; b) the actual cost to the City for material used on such work plus an allowance for handling costs; c) the City's standard rates for equipment used directly on such work; d) the City's current rate of overhead as applied to labour costs only; e) any actual and direct cost incurred by the City for such work and not included in items a), b), c) or d). The City shall advise the Township of the standard rates referred to above and the current rate of overhead to be charged at the date of this agreement, and shall give one month's notice of any change in the standard rates or the overhead rate, or the allowance for handling costs. 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. - 3 - 7, ~ Nothing in this agreement shall require the-City or the Township 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 Township for the year in which the expenditure is to be made. g, This agreement shall come into force on the 1st day of June, 1970 and shall continue in force from year to year until terminated, bvt 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. IN WITNESS WHEREOF the Parties hereto have hereunto affixed their Corporate seals attested by the hands of their proper signing officers in that behalf. THE CORPORATION OF THE TOWNSHIP OF DARLINGTON A eeve -____ M THE CORPORATION OF THE CITY OF OSHAWA f ~. SCHEDULE "A" All that part of the boundary road between the City of Oshawa and the Township of Darlington known as the Tawnline 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 THEREFROM the lands owned by the Canadian Pacific Railway, The Department of Highways for .the Province of Ontario .(Highway 401) and the Canadian National Railway. L