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CORPORATION OF THE TOWN OF NEWCASTLE
PUBLIC WORKS DEPARTMENT
HAMPTON,ONTARIO LOB 1 JO TEL.(416)263-2231
REPORT TO THE GENERAL PURPOSE AND ADMINISTRATION COMMITTEE
MEETING OF FEBRUARY 8, 1982.
WD-6-82.
SUBJECT: CITY OF OSHAWA/TOWN OF NEWCASTLE '
BOUNDARY AGREEMENT.
RECOMMENDATION:
It is respectfully recommended that:
1. This report be received, and;
2. The City of Oshawa be advised of the Town of
Newcastle's wish to negotiate a new Boundary
Road Maintenance Agreement, and;
3. The new Agreement recognize those portions of
unmaintained Boundary Road, clearly defining
the responsibility of each respective municipality,
and;
4. That Staff be authorized to negotiate this
Agreement with the City of Oshawa.
BACKGROUND AND COMMENT:
On January 6, 1982, Council of the Regional Municipality of Durham
adopted the Commissioner of Works' recommendation that Townline
Road, from Olive Avenue to King Street (Highway 2) be assumed as
a Regional Road. A by-law to enact the decision of Council was
also adopted to take effect following the approval of the
Lieutenance Governor in Council .
The action affects the Boundary Road Maintenance Agreement between
the City of Oshawa and the Town of Newcastle (Agreement dated the
25th day of October, 1976) in that the portion of the road to be �Cll
WD-6-82 2
assumed by the Regional Municipality of Durham is part of the
road system presently included in the Agreement and hitherto
maintained by the City of Oshawa.
Respectfully submitted,
D.T. Gray, C.E.T. ,
Deputy Director of Public Works.
Fbruary 2, 1982.
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DISTRIBUTION
CIFRK:....-�...®.....
ACK. BY: .,..
ORIGINAL TO:
DURHAM
COPIES TO:
The Regional January 11 , 1982
Municipality
of Do,ham
Clerks Department Mr. D.W. Oakes
Clerk
605 Rossland Road East
P 0 Box 623, Town of Newcastle
Whitby.Ontario 40 Temperance Street
(416)6 8-7711 3 Bowmanville, Ontario
1416)663-7711
L1C 3A6
BILE ....... .. . ....... .
GW IUNDY.AMCT.
Regionol Cl&k
Assumption of Townline Road from Olive Avenue
Northerly to King Street as. a Regional Road
Mr. Oakes , the Public Works Committee of Regional Council
considered the above matter and at a meeting held on January 6,
1982 Council adopted the following recommendations of the
Committee:
- "a) THAT a by-law in the form attached to Report No. 257-81 of
the Commissioner of Works be passed for the assumption of:
i ) Olive Avenue from Regional Road 33 (Harmony Road)
easterly to Townline Road
Townline Road from Olive Avenue northerly to King Street
(Highway 2) .
b) THAT copies of the report be forwarded to the City of Oshawa
and the Town of Newcastle."
A by-law to enact the decision of Council was also adopted and
will now be submitted to the Lieutenant-Governor in Council for
approval following which I will forward you a copy of same.
Enclosed as directed by Council is a copy of Report No. 257-81 of
W.A. Twelvetrees , Commissioner of Works.
LD
i
C.W. Lundy, A.M.C.T.
Regional Clerk 15 I982
CWL/pl b . y
En c - -
CC : W.A. Twelvetrees , Commissioner of Works
Regional Municipality of Durham
Works Department
Commissioner' s Report to Works Committee
Report 257-81
Date December 15 , 1981
Subject
REPORT ON CORRESPONDENCE NO. WC-87-81 AND WC-90-81 , CORRESPONDENCE FROM
THE TOWN OF NEWCASTLE AND THE CITY OF OSHAWA, RESPECTIVELY, REQUESTING
THE REGION OF DURHAM TO ASSUME AS- PART OF THE REGIONAL ROAD SYSTEM, OLIVE
AVENUE FROM HARMONY ROAD TO TOWNLINE ROAD, AND TOWNLINE ROAD FROM OLIVE
AVENUE TO KING STREET. (C.C. 742 )
Recommendation
A. THAT Regional Council pass the attached by-law for the assumption
of:
i ) Olive Avenue from Regional Road 33 (Harmony Road) easterly to
Townline Road.
ii ) Townline Road from Olive Avenue northerly to King Street
(Highway 2)
0. THAT copies of this report be forwarded to the City of Oshawa and
the Town of Newcastle.
Report
Attachment ttl - Area Map
Attachment #2 - Proposed Assumption By-law
Olive Avenue between Harmony Road and Grandview Street, and Townline Road
between Olive Avenue and King Street, are existing roads. Olive Avenue,
frorn Grandview Street to Townline Road, was recently constructed as part
of a residential plan of subdivision. With this construction, there is a
continuous arterial road link between the Harmony Road/Olive Avenue
interesection and the Townline Road/King Street intersection.
Goth Olive Avenue and Townline Road qualify as kegional roads providiny
arterial road connections as noted above. There is no outstanding debt
associated with either of them and they are identified as desirable
future Regional roads in the Region' s Road System Study. It is ,
therefore, recommended that they be assumed into the Regional Road
System.
U '
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CORPORATION OF THE TOWN Of- NI-WCASTLE
�4 �t 0 - F ICE OF 11t(_ i-OWN ( ( F RK
•'_ 40 TFMPFRANCE STRFF r TELEPHONE 623-3379
r 13OWMANVILLr_. UNIARI �
LIC3A6
-No�oaTber 18, 1981.
Kr. N. A. Twelvetrees, r
Cccnlissioner of Works,
105 Consumers Dr. ,
Whitby, Ontario,
Dear Mr. llvelvetrct�s:
Re: Towmline Road _ =
Our File: 33.24.4 -
At the meetin; held on Novenlber 16, 1981, CO)cuwil �uiopted the following
resolution:
IllifftEAS the I.x inda.1-y road I)f'MOell the T()'411 c-�1 Nfwc•asCif' w1d tlll,
City of Oshawa, from Hi0away 'No north to Regional Road No. 4 aL
Taunton, has been assumed by the Region of L-hlrham as Regional
Road No. 55;
AND I=RF--,S the e.vterlsion of *Olive AvE•nuc, in the Ci-ty of Oshan'a
has been cor,>pleted easterly to conriecti()n wit.I1 t!)(� TcRV11lirle 1'.cral
South;
AXD ItiIiI:M S Olive j%-ejju0 is a Regional 1u)acl westerly frTxn Iiarl,-rjny
Road through the City of Osh u�a;
NOW THEREFORE BE IT RESOLVED that the Town of Newcastle request
that the Region of Dw-ham assunx- that portion of the Townline Road
South of Ifi0Iway Tw-o to Olive Avenue as a n-,6,ional ivrul;
AND DE IT FLTMU--:R RLSOLVED that the Towii of �c.uc;L5t1() ul)Ix)rt Lho
assuription of the balance of Olive Avenue fiUm file Townii-ne Road
to Hazmony Road, as a regional road;
:M BE IT I.1 L111I1t ItI:SOL,tZT) that Lhis It :a)1u c_i c)u ixr 1'orw,u ck,d t(> tllc,
Iu giurl of Du111,uu II'orlc; Cornlu L Lf cr twd Lo I h,• (-i Ly of' 0,j,,,L,va, i .c1uc SLiIi1;
their support.
Yours very truly,
David IF. Oakes, A.M.C.T,
Tcxvn Clerk.
GEG/j co f
cc: �1r. R. A, I:en iez�on
()Irl( I' ()i Till'. MY 011\1K
TI IE CURPURATION OF 'l l IE CITY 0I USi INNA
R A. H[NMRSON, A.M.C.1 so cr,4 rRc f ki i r �(w i t i
(.,J(y C/elk i IA )"I \Rlt
t3 C SL)i t R A&I C I
Dopuly City Clerk
�_. Vas -------•--�.__ -------_ ----
1981 11 19
Regional Municipali ty of Durham
-05 Rossland Road East
Cox 623
IIITBY, Ontario. LlN 6A3
,T
Anent ion : C. W. Lundy, A. M. C.T. Regional Clerk
uear Mr. Lundy
Re : Assumj)tion- of roads
;h, 19714 11 27 Regional Council passed a resolution that approved a list of roads for
future, RL•gional assumption With the timing of assumption to be determined on an individual
I.-Isis. viong the roads listed ware Olive Avcnuo. from Harmony ]Zond SOUL)i to Town! iil • Road
>outh and Townline Road South from Olive Avenuo. to King Street Last.
?resently , Olive Avenue from Simcoe Street South to Harmony Road South and Torwnlino Road
from King Street East to Taunton Road East are Regional roads.
Due to the completion of construction of Olive Avenue from Grandview Street to Towl)Iiile
'toad South, the Council of the City of Oshawa at a mooting lic3d oil 1981 11 16 adoptc,d a
10comillondation of the Public Wc)n:k.q Committee as
"That the Region of Durham be requested. to assume the fo11o%-.:iig roads whicli were
-is future R-t-gional roads in 1974 , nz-nely:
Dlivo AvelIL10- from Harmony Road South to Townline Road South
Townlinc Road South from Olive Avenue to King Street E-zi-;t. "
t r i is t that Ru i i I a I Council wiI I C 0 11 S 1 Ll C C t I 10 1 0(111(•S L Ili the ne;ir future.
30
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to F. F. Crome, P. Lng. , Commis-, 'o g on.
U. A. 1�.P
jveLroc,,.; , Commissioner of Vorks , P -il Nmiic:lpallty of Pur",
13. 0;114cs , Clerk. T,vwn of
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ATTACHMENT
' ,! J� (�\� l ���_ ZEA�DD
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28 04 ss/
289 ti ss ar.c -
�.'�I 33160 -Li I � 5807'
BCNC ST
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59 =- fI ! ! I
jL L
TO BE
QL)VE AEy.Iw��UE , 1 ASSUMED
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1tiE RLC,IUrinr PIUNICIPALIiY ui DI�i�IiF,:I
being a ti-law to add roads to the Regional I'nad System
WW RtAS Subsection 1 of Seciton ?,i of the Legiund MuniCi;,alitY of
purha:.' At ( •S.U. 1980) provides that:
%)n ,rt! ,itter the 1St duty of January, l`)?], all ro,id,, on Uir
31st day ur Jece,.iber, 1913, under the ,luriSli�,ilun and contr'ul
Of the County of Vntario and the United Counties of rlurthur:berland
and PuN w, nithin the Regional Area, shall constitute t1w 0910-1
Road system.,,
i
AID 'Alt MAL SAsection 2 Of SectWn YA Of the sdid AU lu iln it'
part that:
I
"the Regional CoUnCil Fray by by-lal" froci tl"',.to tii.:r- add ro,+ds
to or rt,wovu rums fruci the i;cgiunal I,o,V1
tai'„ 1HEIRPURE HE 11 ENACTED AhD IT ;s hLr:L.:Y �y-1,;q of
The Regional Municipality of Durhan by its'Cow,A l Uw,v f as KIWI:
1. Hot (It and de"Cr)Iu�l t't �r';U'.c' alt•,;hed h:'r lU
are herut,; added tJ the Regional �oJd iE.
Z. SCl,edalo "A" attached h,,vetu frrc:s hd:-t et thi;
3. this (<ti-1,l,d shall cono into force upnt 011 10 Tw t',.t,W Of the do"Mal
tf ir,,i I,y thr in QW 11 and �,I,,:11 t�:l.� Uffuct
and ,i!ler th,` (:atr na,,wd by Ow I it-1 n', . rvt rr,n to Lount il.
BY-LA'r read a fit-`t tim"' d,iy of 1r+riJ•
[tY-LAU rr,)d a second tint, By of 19151.
BY-IAtt rrad a third ti.w and pas.sod thi, day of 11+1•
(,.)r'y II^rrtma, (,h,i:r'r.i.in L.61. Lundy, Clrrk
l49
SCHEDULE "A" TO BY-LA'a NU.
i
DESIGNATED REGIONAL
ROAD NUMBER DESCRIPTION
a
59 BEING that portion of road or the deviations
thereof in the City of Oshawa, known as Olive
Avenue;
CUMMENCING on Ulive Avenue at the western limit of
Regional Road 33 Deing also the eastern limit of
f
Regional Road 59;
THENCE easterly to the eastern limit of fuwnline
Road;
A TOTAL DISTANCE o' approximately 1.1 miles.
55 BEING that portion of road or the deviations
thereof on the road forming the boundary between
the City of Oshawa and the Town of Newcastle, known
as Townline Road;
WMMENCING on Tcwnline Woad at the southern limit
of Olive avenue;
,HENCE northerly t,r the scu*_horn limit of ping
Street being the %1-1's ri) jhw.iy No. 2;
A TCT,:L OISTANCE of approximately C-.5o miles.
J
749
SCHEDULE "A" TO BY-LAW nU.
DESIGNATED REGIONAL
ROAD NUMBER DESCRIPTION
59 BEING that portion of road or the deviations
thereof in the City of Oshawa, known as Olive
Avenue;
COMMENCING on Olive Avenue at the western limit of
Regional Road 33 being also the eastern limit of
Regional Road 59;
THENCE easterly to the eastern limit of Townline
Road;
A TOTAL DISTANCE or approximately 1.1 miles.
55 BEING that portion of road or the deviations
thereof on the road forming the boundary between
the City of Oshawa ana the Town of »ewcastle, known
as Townline Road;
CUr.VIENCING on Townline Road at the sousnern limit
of Olive Avenue;
THENCE northerly to the southern limit of ,ing
Street being the ring's Highway No. 1:
A TI T,:L DISTANCL of tpprOxunstely U.`.q ;:nl•:5
1'IiiS AGili L :i ,:"i r ade in duplicate this; Yd I' jai l
of �•�
A"
i; T al F,
TEE CORPORATION of THE CITY OF O51(;,VIA,
hereinafter called the ,Cl•1"i"
OF '1111; II:S'1' PAI<T
--acid-
'I lil•: CORPORATTON OI'
hereinafter called the "'1•oWl''
O1'
I.,711'REAS Townline Road is a Puh.l is h i;;hwAy formiq—,
the boundary between the City of Oshawa and the Town of Newcastle, both
area municipalities in the Regional Municipality of Durham;
pursuant to an agreemcut , be wcun the
Corporation of tIte City of Oshawa and the Corporation of the Town of
Newcastle, dated the 31st day of July 1974, provision w"s made for the
maintenance and repair of the Townline Road lying bctwec-n the
municipalities;
AND WHEREAS the City and the Town have ay;rced to update
the atircement dated the 31st day of July 1974 to provide for the mainLonance
and repair of the Townline Road by entering; into this agreement;
_�;.``--111!•:;:I:I �i,:l;, "1'l! (:' r1�;1:1:1.::1.:.'I• ,:l'I.::::;:;I•.�;1 that th 1':i .:
Loreto do covenant a"d agree as follows:
1•()
111e City shall at its cxpense maintain and repair to the full
Width that portion of the public highway know" as the Townline Tread which
forms the boundary Wt;oen the City of. 0::h:i%" and the Tow; Of Wwcast.lc ,
described in Part 1. of Schedule "A" and illut:traced k)n a 1,1 atLacheci ,i:;
Schedule "L'", upon the terns and conditions contained in this agreement.
1. 1 The City agrees that it shrill not undertake major work
on that part of Lhe Townline Road described in fart I of Wed"Ie "A" ,
such as regravulling, repaving, asphalt or cmulsion resurfacing, or recon>trucLion
without the written consent of the Council of Ac Town of Newcastle, but the City
may do such work as ditching, culvert replacement, scarifying, priming, gravel
patching, snow plowing, sanding, salting , snow f.enciny and other normal
maintenance and repair operations at its expense without notice <<,
the Town of Newcastle and without the consent of the Council therac.f .
1. 2 The City agrees to indemnify and save hzrmless the Town of
Newcastle from any loss or damage arising from the Want of repair for that
portion of the Towalhe Road which the City has agreed to "WaLain and
repair as described in Part I of Schedule "A" during the period this
agreement remains in force.
1.3 The City shall, in accordance with local policy, administer
the installation of all entrance ways along the full width of that portion
of the Townline Road as described in Part I of Schedule "A".
2.0 The Town, at its expense, shall maintain and repair to the
full width that portion of the public highway known as the Totanline Road
which forms the boundary between the City of Oshawa and the Town of
Newcastle, as described in Part II of Schedule "A" and illustrated on a
lan attached as Schedule "B", upon the terms and conditions contained
in this agreement.
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, but the Town
may do such work as ditching, culvert replacement, 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 of Oshawa and without the consent of the Council
thereof .
2.2 The Town agrees to indemnify and save harmless the City of
Oshawa from ally 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 agreei:ient remains
in force.
-2.3 The Town shall, in accordance with local 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
s�
3. Nothing in this agreement shall require the City or the
Town to incur any expenditure in any year except to the extent that money
be incluc ed in the esti:natc: 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 the City or the Town
to open for travel any portion of the boundary road allowance not opened or
to repair any portion of an unimproved boundary road at the effective date
of this agreement.
5.0 Nothing in this agreement shall limit the right of the City
or the Town to do such work as is necessary in order to fulfil any obligation
imposed by Section 427 of The Municipal Act 1970, Chapter 284. In the event
that either the Town or the City is obliged 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.
6.0 This agreement shall come into force on the 25th day of
May, 1976 and sna-11 continue in force from year to year until ter inated®
Either party may terminate the agreement at any time upon three
month ' s prior written notice, which notice shall be sufficiently
gi"-r. if sent by regular mail addressed to the Clerk of the City
or `Town as th0- case may be.
7 .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
Officers .
THE COR THE CITY OF OSHAWA
YOR
CLERK
THE CORPORATION OF THE TOWN OF NEWCASTLE
MAYOR
f:_I':i 1:---i-I—i=---
')F AT IT'; r:`:i>F
That part of the boundary road between the City of OsI,awa and the Ton of
.:Cwcastle known an the Town Line Road;
from King; Street l asL in the City of Oc:h:lwa ;,outherly to the nor::h limit
Of the Canadian Pacific Railway property, being; approximately 1.6 miles in
leng;tll, except that portion of the boundary road under the jurisdiction of
the Qgiona.l. Aun is i Pa l.i.ty of Durham,
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 1.4 miles in length.
fait'. 11 1_ll:\'t' 1'O;tl"Iu;l OF Till. "I't)'r:i;I.ti:i: :;t "1i) YO
'1"O',':: OF l.f'.t•:CASTLE AT ITS 1•:\i'I":::S1•;
That part of the boundary road between the Town of NOWC lstle and the City of
Oshawa known as the Townline Road;
from Durham Regional Road 4 northerly to the Fifth Concession Road in the
City of Oshawa and Lhon extending; northerly a further 0.1 mile to the
southerly limit of the unimproved road, being; in total approximately 1.4
miles in length.
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
0.1 mile in length,
and
from the Eighth Concession Road in the City of Oshawa southerly to Durham
Regional Road 3 and then extending] southerly a further 0.1 :Wile to the
"or: lwrly l imi t of Ma unimproved road, Winn in total :tppronizately 1. '#
miles In length.
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SCHEDULE, "I:" (Nort.h 11:IIf)
BOun lacy Ro,l,i A\ -,i"ccm(':l t 1ict.wec,l
I'hc City ()F
and
The Town of i:cwcasL W,
DATED OCTOBER 25TH 1976
�.s
`y
THE CORPORATION OF THE CITY OF OSHAWA
i
- and -
I
THE CORPORATION OF THE TOWN OF NEWCASTLE
BOUNDARY ROAD AGRII 1EN T
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