HomeMy WebLinkAboutEGD-019-14 Clarftwn REPORT
ENGINEERING DEPARTMENT
Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE
Date: June 9, 2014 Resolution#: By-law#:
Report#: EGD-019-14 File#:
Subject: CLARINGTON/OSHAWA BOUNDARY ROAD AGREEMENT
RECOMMENDATIONS:
It is respectfully recommended that the General Purpose and Administration Committee
recommend to Council the following:
1. THAT Report EGD-019-14 be received; and
2. THAT the Mayor and Clerk be authorized to execute the Boundary Road
Agreement between the Municipality of Clarington and City of Oshawa.
Submitted by: Reviewed by: '
A. S. Cannella, C.E.T. Franklin Wu,
Director of Engineering Chief Administrative Officer
Services
ASC/LJB/dv/nl/jb
May 26, 2014
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T 905-623-3379
REPORT NO.: EGD-019-14 PAGE 2
1.0 BACKGROUND
For several decades, the Municipality of Clarington and the former Town of
Newcastle have entered into a Boundary Road Agreement with the City of
Oshawa. The purpose of the agreement is to identify all potentially shared road-
related issues on open year round maintained boundary roads and to assign
responsibilities to the appropriate municipality. The agreement (see Attachment
1) speaks to:
• maintenance and repair
• streetlighting
• construction and capital improvements
• indemnification
The Municipality currently has an agreement with Oshawa; however, the
agreement will expire in July of this year at the end of its ten year term. The
purpose of this report is to seek Council approval to renew the Agreement with
the City of Oshawa.
2.0 COMMENT
The Municipality of Clarington and the City of Oshawa abut one another along
Townline Road. While parts of this road are under the jurisdiction of the Region
of Durham, and parts are unopened, the majority of the road is the subject to the
soon-to-expire Boundary Road Agreement. (See Schedule D in Attachment 1.)
The content of the previous agreement and the proposed agreement is similar,
but the document has been updated with respect to wording. Jurisdictions remain
the same.
3.0 PROPOSED TOWNLINE ROAD AGREEMENT WITH HYDRO ONE
NETWORKS INC. (HONI)
Currently, the Municipality and HONI are in discussion with respect to the
proposed use of the unopened road allowance between Clarington and Oshawa
north of Winchester Road for the purpose of accessing the future Clarington
Transformer Station.
Because this proposed use is on an unopened road allowance, it is not subject to
the Boundary Road Agreement. Any future agreement with HONI with respect to
the use of the road allowance will be a separate agreement subject to Council's
approval.
4.0 CONCURRENCE
This report has been reviewed by the Municipal Solicitor and the Director of
Operations who concur with the recommendations.
REPORT NO.: EGD-019-14 PAGE 3
5.0 CONCLUSION
The Boundary Road Agreement between the Municipality of Clarington and City
of Oshawa is about to expire. There is a need for a current agreement to be put
in place in order to clearly outline jurisdiction, duties and responsibilities of each
road authority as they pertain to the boundary roads. Staff recommend a further
ten year term in the renewed agreement.
CONFORMITY WITH STRATEGIC PLAN — Not Applicable
Staff Contact: Leslie J. Benson, Manager, Development Engineering & Traffic
Attachments:
Attachment 1 - Draft Boundary Road Agreement between the Municipality of Clarington
and City of Oshawa
List of interested parties to be advised of Council's decision:
City of Oshawa
Attachment # 1
THIS AGREEMENT made in triplicate as of the_day of 2014 EGD-019-14
BETWEEN:
THE CORPORATION OF THE CITY OF OSHAWA
(herein referred to as"Oshawa")
and
THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
(herein referred to as"Clarington")
RECITALS
(a) Pursuant to section 11 of the Municipal Act, 2001, Clarington and Oshawa may pass by-
laws respecting matters within the"highways" sphere of jurisdiction.
(b) Pursuant to sections 29 and 29.1 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 January 24, 1979 between Oshawa and The Corporation of the
Town of Newcastle, provision was made for the reconstruction and sharing of costs
relating to such reconstruction of that part of Townline Road between the Canadian
Pacific Railway line and Farewell Creek.
(e) By agreement dated October 1, 1982 between Oshawa and The Corporation of the
Town of Newcastle, provision was made for the maintenance and repair of that part of
Townline Road forming part of the boundary between Oshawa and The Corporation of
the Town of Newcastle.
(f) By agreement dated October 25, 2004 ("Previous 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.
(g) The Previous Boundary Road Agreement is about to expire.
(h) By this Agreement Oshawa and Clarington wish to make 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.
NOW THEREFORE in consideration of the 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 HERETO AGREE AS FOLLOWS:
1. INTERPRETATION
1.01 In this Agreement where words appear with their first letter capitalized, the words are
intended to have the meanings set out for them in the lettered paragraphs of this
Section. Otherwise, all words used in this Agreement are intended to have the
meanings ordinarily ascribed to them in the English language.
(a) "Agreement"means this agreement, including its recitals and any schedules which
form an integral part of it, as amended from time to time.
Page 1 of 7
(b) "Claims"include any and all claims, actions, causes of action, complaints,
demands, suits or proceedings of any nature or kind in respect of any and all
losses, damages, liabilities, deficiencies, costs and expenses(including,without
limitation, all legal and other professional fees and disbursements, interest,
liquidated damages and amounts paid in settlement, whether from a third person
or otherwise), the costs or expenses of complying with any environmental laws,
and any economic losses, consequential, indirect, special and incidental
damages resulting from or in any way related to a breach of a term of this
Agreement, loss of life, personal injury (including, in all cases, personal
discomfort and illness), and loss of and damage to property.
(c) "Clarington"means The Corporation of the Municipality of Clarington.
(d) "Clarington Roads"mean those portions of Townline Road described in Schedule B
to this Agreement and as depicted in Schedule D to this Agreement. For the
purposes of Section 3.02 of this Agreement, Clarington Roads shall also include
any unopened part of Townline Road between the northern limit of Oshawa Roads
and the northern limit of Clarington. The approximate total length of Clarington
Roads, excluding any unopened part of Townline Road, is 4.81 km.
(e) "Construction"includes reconstruction, gravelling, paving and excavating and
includes the installation of engineered fill, subdrains, granular base, concrete curb
and gutter, concrete sidewalk, multi-use trails, cycling facilities, signage, 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.
(f) "Construction Costs"means all costs relating to Construction and include costs
relating to surveying, designing, studies including environmental assessments,
drafting, preparation of specifications, requests for proposals,tendering,
supervision of construction, accounting, overhead costs,debenturing, interest and
financing costs.
(g) "Developing Municipality" means the Municipality in which a Development is
proposed or occurs.
(h) "Development"means any work on or to land or buildings, including
redevelopment,which requires one of the following actions:
(i) the passing of a zoning by-law,or an amendment to a zoning by-law under
section 34 of the Planning Act;
(ii) the approval of a site plan under section 41 of the Planning Act;
(iii) the approval of a minor variance under section 45 of the Planning Act which
involves a change in use, intensification of use or expansion of use;
(iv) a conveyance of land to which a by-law passed under subsection 50(7)of
the Planning Act applies;
(v) the approval of a Plan of Subdivision under section 51 of the Planning Act;
(vi) a consent under section 53 of the Planning Act;
(vii) the approval of a description under section 50 of the Condominium Act; or
(viii) the issuing of a permit under the Building Code Act, 1992 in relation to a
building or structure.
(i) "Durham Roads"means those portions of Townline Road described in Schedule C
to this Agreement and as depicted in Schedule D to this Agreement. The
approximate total length of Durham Roads is 5.40 km.
Page 2 of 7
(j) "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 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.
(k) "Municipality"means Clarington or Oshawa.
(1) "Oshawa"means The Corporation of the City of Oshawa.
(m) "Oshawa Roads"mean those portions of Townline Road described in Schedule A
to this Agreement and as depicted in Schedule D to this Agreement. For the
purposes of section 3.01 of this Agreement, Oshawa Roads shall also include any
unopened part of Townline Road between Oshawa's southern limit and the
northern limit of Oshawa Roads. The approximate total length of Oshawa Roads,
excluding any unopened part of Townline Road, is 4.12 km.
(n) "Term"means the term of this Agreement as specified in section 2.01 of this
Agreement.
(o) "Townline Road"is a boundary line highway that includes Clarington Roads,
Durham Roads and Oshawa Roads. '
1.02 All words in this Agreement shall be deemed to include any number or gender as the
context requires.
1.03 This Agreement shall be interpreted according to the laws of the Province of Ontario.
1.04 Article, section,clause and/or paragraph headings are for reference purposes only and
shall not in any way modify or limit the statements contained in the text of this Agreement.
1.05 References to federal or provincial statutes or regulations or municipal by-laws are
deemed to refer to the relevant legislation as amended, including successor legislation.
Without limitation,
(a) "Building Code Act"means the Building Code Act, 1992, S.O. 1992, c.23
(b) "Condominium Act" means the Condominium Act, R.S.O. 1990, c. C.26
(c) "Municipal Act, 2001"means the Municipal Act, 2001, S.O.2001, c. 25.
(d) "Planning Act"means the Planning Act, R.S.O. 1990,c. PA 3
2. TERM
2.01 The term of this Agreement shall commence on the date that by-laws of both
Municipalities authorizing the execution of this Agreement have been passed ("By-law
Date"). The term of this Agreement shall expire on the later of the 10th anniversary of the
By-law Date and the date on which either Municipality has notified the other that this
Agreement has been terminated. The Municipalities acknowledge that this Agreement
together with a copy of the by-laws authorizing the execution of this Agreement may be
registered in the Land Registry Office of Durham (no. 40).
Page 3 of 7
3. MAINTENANCE AND REPAIR
3.01 Oshawa covenants and agrees that it shall:
(a) Maintain and Repair to their full width Oshawa Roads;
(b) indemnify and save harmless Clarington from and against any Claims arising from
or in any way related to any alleged failure by Oshawa to Maintain and Repair
Oshawa Roads; and
(c) subject to Articles 5 and 6 of this Agreement, not undertake any Construction in
respect of Oshawa Roads except with Clarington's prior written consent.
3.02 Clarington covenants and agrees that it shall:
(a) Maintain and Repair to their full width Clarington Roads;
(b) indemnify and save harmless Oshawa from and against any Claims arising from or
in any way related to any alleged failure by Clarington to Maintain and Repair
Clarington Roads; and
(c) subject to Articles 5 and 6 of this Agreement, not undertake any Construction in
respect of Clarington Roads except with Oshawa's prior written consent.
3.03 Oshawa and Clarington shall, subject to each Municipality's budget approval, share
equally the cost of any regravelling, repaving and emulsion resurfacing, bridge
maintenance, box culvert restoration and traffic signalization maintenance associated with
their respective obligations to Maintain and Repair contemplated by clauses 3.01(a)and
3.02(a)of this Agreement.
3.04 Clarington shall administer access and utility consents to Townline Road from Clarington.
3.05 Oshawa shall administer access and utility consents to Townline Road from Oshawa.
3.06 Each Municipality shall consult with the other for the purposes of the administration of
access pursuant to sections 3.04 and 3.05 of this Agreement.
4. STREET LIGHTING
4.01 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.
5. CONSTRUCTION
5.01 Subject to Article 6 of this Agreement and to each Municipality's budget approval, Oshawa
and Clarington will contribute equally to Construction Costs related to Construction of
Oshawa Roads and Clarington Roads.
6. DEVELOPMENT
6.01 Notwithstanding paragraphs 3.01(c)and 3.02(c)of this Agreement, if Construction relates
to a Development,the Developing Municipality may undertake or cause or permit to be
undertaken such Construction on the following terms:
(a) The Developing Municipality shall give to the other Municipality at least eight(8)
weeks'written notice prior to the commencement of such Construction.
Page 4 of 7
(b) 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 of the 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.
(c) The Developing Municipality shall assume responsibility for the section of the road
related to a Development, including the responsibility to Maintain and Repair the
same, as set out in this Agreement.
6.02 Nothing in section 6.01 shall derogate from each Municipality's obligation to Maintain and
Repair Townline Road pursuant to the terms of this Agreement.
7. GENERAL
7.01 Any notice to be given under this Agreement shall be in writing and shall be transmitted by
facsimile, mailed by prepaid first class post, sent by email or delivered:
to Clarington at:
The Corporation of the Municipality of Clarington
Attention: Director of Engineering Services
40 Temperance Street
Bowmanville, Ontario
L1C 3A6
Facsimile:
Email:
and to Oshawa at:
The Corporation of the City of Oshawa
Attention: Commissioner of Development Services
50 Centre Street South
Oshawa, Ontario
L1H 3Z7
Facsimile:
Email:
Receipt of notice shall be deemed on the earlier of the date of delivery or five(5)days
following the date of mailing of the notice or, if notice is given by way of personal delivery,
email or facsimile, it shall be effective on the date on which the notice is sent. Either
Municipality may change its address or number for notice by giving notice of change of
address or number pursuant to this section.
7.02 Notwithstanding anything in this Agreement, neither Municipality shall be in default with
respect to the performance of any of the terms of this Agreement if any non-performance
is due to any force majeure, strike, lock-out, labour dispute, civil commotion,war or similar
event, invasion,the exercise of military power, act of God, government regulations or
controls, inability to obtain any material or service,or any cause beyond the reasonable
control of the Municipality(unless such lack of control results from a deficiency in financial
resources). Otherwise,time shall be of the essence of this Agreement and all the
obligations contained herein.
7.03 The rights and liabilities of the Municipalities shall enure to the benefit of and be binding
upon the Municipalities and their respective successors and approved assigns.
Page 5 of 7
7.04 Subject to section 7.05 of this Agreement,this Agreement contains the entire agreement
between the Municipalities. There is no covenant, promise, agreement, condition
precedent or subsequent,warranty or representation or understanding, whether oral or
written, other than as set forth in this Agreement. This Agreement fully replaces and
supersedes any agreement or other contractual arrangement between the Municipalities
related to the subject matter of this Agreement. For greater certainty, this Agreement
supersedes the Previous Boundary Road Agreement.
7.05 Nothing in this Agreement relieves either Municipality from any outstanding financial
obligation to the other in respect of any prior agreement or other contractual arrangement
between the Municipalities related to the subject matter of this Agreement.
7.06 If any article, section, subsection, paragraph, clause or subclause or any of the words
contained in this Agreement shall be held wholly or partially illegal, invalid or
unenforceable by any court of competent jurisdiction,the Municipalities agree that the
remainder of this Agreement shall not be affected by the judicial holding, but shall remain
in full force and effect. The provisions of this Agreement shall have effect, notwithstanding
any statute to the contrary.
7.07 No supplement, amendment or waiver of or under this Agreement shall be binding unless
executed in writing by the Municipality to be bound thereby. No waiver by a Municipality of
any provision of this Agreement shall be deemed or shall constitute a waiver of any other
provision or a continuing waiver unless otherwise expressly provided.
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 OSHAWA
MAYOR
c/s
CLERK
THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
MAYOR
c/s
CLERK
Page 6 of 7
Schedule "A" ("Oshawa Roads")
Those parts of Townline Road:
(a) from McLaughlin Bay on Lake Ontario northerly to Provincial Highway No. 401, being a
distance of approximately 0.18 km;
(b) from the St. Lawrence & Hudson Railway (formerly CPR) northerly to Durham Regional
Road 22 (Bloor Street in Clarington), being a distance of approximately 1.15 km;
(c) from Durham Regional Road 22 (Bloor Street East in Oshawa) northerly to Cherrydown
Drive in Oshawa, being a distance of approximately 0.46 km;
(d) from a point approximately 0.08 km south of Durham Road 59 (Olive Avenue in
Oshawa) northerly to Durham Regional Road 59 (Olive Avenue in Oshawa), being a
distance of approximately 0.08 km; and
(e) from Durham Regional Road 4 (Taunton Road) northerly to Conlin Road East in
Oshawa (Concession Road 6 in Clarington) and further northerly approximately 0.19 km
to the southerly limit of the unopened part of Townline Road, being a total distance of
approximately 2.25 km.
Schedule "B" ("Clarington Roads")
Those parts of Townline Road:
(a) from Concession Road 7 in Clarington northerly to Winchester Road East in Oshawa,
being a distance of approximately 0.18 km; and
(b) from a point approximately 0.22 km south of Regional Road 3 (Columbus Road East in
Oshawa) northerly to Regional Road 3 and further northerly approximately 4.41 km to
Concession Road 10 in Clarington, being a total distance of approximately 4.63 km.
Schedule "C" ("Durham Roads")
Those parts of Townline Road:
(a) from Regional Road 22 (Bloor Street in Clarington) northerly to Regional Road 22 (Bloor
Street East in Oshawa), being a distance of approximately 0.25 km; and
(b) from Regional Road 59 (Olive Avenue in Oshawa), northerly to Regional Road 4
(Taunton Road), being a distance of approximately 5.15 km.
Page 7 of 7
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SCHEDULE D a
BOUNDARY ROAD AGREEMENT BETWEEN
THE CITY OF OSHAWA & MUNICIPALITY OF CLARINGTON
C;ry ofOsh—la
DEVELOPMENT SERVICES DEPARTMENT