HomeMy WebLinkAboutWD-72-82 X14
CORPORATION OF THE TOWN OF NEWCASTLE
PUBLIC WORKS DEPARTMENT R. DUPUIS, P. ENG., DIRECTOR
HAMPTON,ONTARIO TEL.(416)263-2231
LOB 1JO 987-5039
REPORT TO THE GENERAL PURPOSE AND ADMINISTRATION COMMITTEE
MEETING OF SEPTEMBER 13, 1982.
REPORT NO. WD-72-82.
SUBJECT: CITY OF OSHAWA/TOWN OF NEWCASTLE
BOUNDARY AGREEMENT.
RECOMMENDATION:
It is respectfully recommended:
1 . That this report be received, and;
2. That a by-law be passed authorizing the Mayor and Clerk to
execute a Boundary Road Agreement, as attached, for the
roads forming the boundary between the Town of Newcastle
and the City of Oshawa, and;
3. That Public Works Staff be authorized to pursue, in con-
sultation with the City of Oshawa, a method of dealing with
the ultimate status of the unopened and unmaintained road
allowances forming the boundary between the Town of Newcastle
and the City of Oshawa, and;
4. That the Clerk be directed to finalize the matter of the
Boundary Road Agreement between the two municipalities.
BACKGROUND:
As Members of the Committee are aware, there are several miles of
roads which form boundaries between the Town of Newcastle and
neighbouring municipalities. To facilitate construction andlj
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maintenance, the jurisdiction for such roads is equally divided
into sections, between the neighbour municipalities, and this
is the case between the Town of Newcastle and the City of Oshawa.
Attached are copies of Council 's previous deliberations on this
matter, in which it was directed that, in consultation with the
City of Oshawa:
1 . A new Boundary Road Agreement be established, and;
2. The matter of unmaintained portions of Boundary Road
be addressed.
REPORT:
Attached is an Agreement, prepared by the City of Oshawa, which
fulfills the requirement in Item 1 (above) . This document has been
reviewed by Staff, is considered appropriate, and covers the areas
with which we must deal . Accordingly, it is suggested that the
authorization be given to execute same.
With respect to the matter of unmaintained portions of the Boundary
Road, there are several methods of dealing with this, but which
will take some time to resolve. However, this should not delay
updating the Boundary Road Agreement, thus it is recommended that
the Agreement be executed now, with the necessary discussions in
regard to the unmaintained or unopened sections of the subject
road taking place at a later date.
Respectfully submitted,
Z,05-1� %
R.G. Dupuis, P. Eng. ,
Director of Public Works.
August 31 , 1982.
��,46D.vh
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 o
p f 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 Corporation's seal, a Boundary Road Agreement for the
roads forming the boundary between the Town of Newcastle and
the City of Oshawa, dated the day of 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 day of September, 1982
BY-LAW read a second time this 20th day of September, 1982
BY-LAW read a third time and finally passed this 20th day of September, 1982.
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G. B. Rickard, Mayor
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O. W. Oakes, Clerk
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THIS AGREEMENT made in duplicate this day of 1982. SCHEDULE "X"
TO 8y-law 82-121
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BETWEEN:
i THE CORPORATION OF THE CITY OF OSHAWA
i hereinafter called the "CITY"
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THE CORPORATION OF THE TOWN OF NEWCASTLE
hereinafter called 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
iarea municipalities in the Regional Municipality of Durham;
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AND WHEREAS pursuant to an agreement, between the
Corporation of the City of Oshawa and the Corporation of the Town of
Newcastle, dated the 25th day of October 1976 provision was made for
the maintenance and repair of the Townline Road lying between the
two municipalites;
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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 j
this agreement;
NOW, THEREFORE, THIS AGREEMENT WITNESSETH that the
Rarties hereto do covenant and agree as follows:
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1.0 The City shall at its expense 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
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Town as described in Part I of Schedule "A" and further illustrated
on a plan attached as Schedule "R", subject to the terms and
conditions contained in this agreement.
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1.1 The City agrees that it shall not undertake major
work on that part of the Townline Road described in Part I of l
Schedule "A", such as regravelling, repaving, asphalt or emulsion
resurfacing, or reconstruction without the written 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 li
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 for
that portion of the Townline Road which the City has agreed to
maintain and repair as described in Part I of Schedule "A" during j
the period this agreement remains in force.
1.3 The City shall in accordance with City policy
administer the installation of all entrance ways along the full
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width of that portion of the Townline Road as described in Part I of
Schedule "A".
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1.4 The City shall fully maintain all traffic signs and
local 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.
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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.
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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 11 of Schedule "A" and further illustrated
on a plan attached as Schedule "B", 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
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work on that part of the Townline Road described in Part 11 of
II -Schedule "A", such as regravelling, repaving, asphalt or emulsion
resurfacing, or reconstruction without the written consent of the
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Council of the City of Oshawa. The Town may do such work as
ditching, culvert replacement, tree trimming and removal, j
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
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that portion of the Townline Road which the Town has agreed to
maintain and repair as described in part 11 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 "A".
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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 "A".
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2.5 Subject to Clause 6.0 of this agreement. the Town
agrees not to undertake any sidewalk installations or any major
'street lighting improvements, such as the installation of new
t facilities or the changing,of the type of lighting system, on that
part of the boundary road as described in Part 11 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
works related to the subdivision are required pursuant to the terms
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of the Subdivision Agreement, the Municipality that has entered into
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the Subdivision Agreement may perform the works contemplated therein
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provided such other municipality is given notice of such proposed
work prior to the execution of the Subdivision Agreement and
j 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 this 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.
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4.0 Nothing in this agreement shall oblige either the
City or the Town to open for public travel, maintain or repair any
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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
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Che combined portions of the boundary road as described in Part I
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and Part 11 of Schedule "A•" in this Agreement and along the
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following 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 j
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 0.25 km.
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5.1 Subject to Clause 6.0 of this agreement, the City and
Town agree not to undertake any sidewalk installations or any major
street lighting improvements, such as the installation of new
facilities or changing the type of lighting system, 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 subdivision are required pursuant to the terms
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of the Subdivision Agreement, the Municipality that has entered into
the Subdivision Agreement may perform the works contemplated therein
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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
-vf The Municipal Act, 1980, Chapter 302. 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
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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
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revised or terminated. Either party may terminate or amend the
agreement at any time upon six months' prior written notice, which
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notice shall be sufficiently given if sent by regular mail addressed
to the Clerk of the City or Town as the case may be.
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8.0 This agreement shall supersede all former Boundary
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Road Agreements between the parties hereto.
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IN WITNESS WHEREOF the Parties have-affixed their
Corporate Seals attested by the hands of their proper signing
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Officer.
THE CORPORATION OF THE CITY OF OSHAWA
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MAYOR .
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C ERK
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THE CORPORATION OF THE TOWN OF NEWCASTLE
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MAYOR
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SCHEDULE "A"
BOUNDARY ROAD AGREEMENT
BETWEEN
THE CITY OF OSHAWA AND THE TOWN OF NEWCASTLE
PART 1 , THAT PORTION OF THE TOWNLINE ROAD TO BE MAINTAINED BY
THE CITY OF OSHAWA
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,
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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,
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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 I1 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;
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from Durham Regional Road 4 (Taunton Road) northerly to the Fifth
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Concession Road in the City of Oshawa and then extending northerly a
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further 190 m to the southerly limit 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
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Durham Regional Road 3 and then extending southerly a further 200 m
to the northerly limit of the unopened boundary road, being in total I
approximate]: 2 km in length.
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SCHEDULE B (NORTH HALF)
BOUNDARY ROAD AGREEMENT
BETWEEN
(} THE CITY OF OSHAWA b THE TOWN OF NEWCASTLE
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Township of Scugog
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Boundary
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City of Oshawa Town of Newcastle
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SCHEDULE B (SOUTH HALF)
BOUNDARY ROAD AGREEMENT
j BETWEEN j
THE CITY OF OSHAWA b THE TOWN OF NEWCASTLE
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Boundary .I
City of Oshawa Road Town of Newcastle
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