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HomeMy WebLinkAboutWD-45-93 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON XXMXtEMnU3MnM=§DNX)PA)MXMXM(aRNXXMMXNXKXX REPORT Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE File# Date: OCTOBER 4, 1993 Res. A3 report#:__ND_-45_-23_ File #: By-Law# Subject: PROPOSED BOUNDARY ROAD AGREEMENT BETWEEN THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON AND THE CORPORATION OF THE TOWNSHIP OF MANVERS Recommendations: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report WD-45-93 be received; 2 . THAT Council approve the By-law attached to Report WD-45-93; 3 . THAT a copy of Report WD-45-93 and eight (8) executed copies of the proposed Agreement be forwarded to the Township of Scugog for their consideration, approval and execution; 4 . THAT The Corporation of the Township of Manvers be requested to pass a By-law authorizing the entering into of a Boundary Road Agreement with The Corporation of The Municipality of Clarington; 5 . THAT the Township of Manvers be asked to forward four (4) certified copies of the By-law authorizing the Agreement and four (4) executed copies of the proposed Agreement to the Municipality of Clarington; and 6 . THAT the Agreement, together with certified copies of the By- law of the Council of each Municipality, be registered in the Land Registry Office. 1037 REPORT NO. : WD-45-93 PAGE 2 REPORT 1.0 ATTACHMENTS No. 1: 1974 Boundary Road Agreement No. 2: Proposed By-law authorizing the entry into of a Boundary Agreement I No. 3: Proposed Boundary Road Agreement 2.0 BACKGROUND 2 . 1 In 1974, the former Town of Newcastle and the Township of Manvers entered into a Boundary Road Agreement which came into effect on July 1, 1974 . The authorization for municipalities to enter into Boundary Road Agreements is contained in the Municipal Act R.S.O. 1990, c.M.45, s .271, which reads as follows: 11 ( 1) The Corporations of adjoining municipalities may enter into an agreement for the maintenance and repair of any highway forming the boundary between such municipalities, including the bridges thereon that it is their duty to maintain and repair, whereby each of them may undertake, for a term of years not to exceed ten years, to maintain and keep in repair any portion of such highway for its whole width, and to indemnify and save harmless the other from any loss or damage arising from the want to repair of such portion. " Therefore, the Boundary Road Agreement with the Township of Manvers expired on July 1, 1984 . 2 .2 Numerous citizen complaints have been received regarding poor maintenance on the Boundary Roads separating the Municipality of Clarington and the Township of Manvers . Staff from both 1038 REPORT NO. : WD-45-93 PAGE 3 municipalities agree that the existing seasonal maintenance approach is ineffective and should be changed. 2 . 3 The 1974 Agreement provided that the Township of Manvers maintain the Boundary Roads from April 1st to October lst of each year, and conversely the previous Town of Newcastle maintain the Boundary Roads from October 1st to April 1st of each year. This time sharing agreement has proven to be unsatisfactory for residents of both municipalities . Due to the seasonal turnover, both municipalities are reluctant to commit maintenance funds. 3.0 REVIEW AND COMMENT 3 . 1 Agreement Has Expired The existing Boundary Road Agreement with the Township of Manvers came into effect on July 1, 1974 . As noted in Section 2 . 1 of this Report, Boundary Road Agreements can be entered into for a maximum of ten ( 10) years . Therefore, the existing Agreement is no longer valid. 3 .2 Proposed Agreement Under the proposed Agreement, the maintenance of Boundary Road will no longer be shared on a seasonal basis . The Township of Manvers will be responsible for that portion of Boundary Road east of Kings Highway 115 . The Municipality of Clarington will be responsible for that portion of Boundary Road west of Kings Highway 115 and north of Regional Road 20. 3 . 3 The length of Boundary Road to be maintained year-round by the Municipality of Clarington is 4,277 m and the length of Boundary Road to be maintained year-round by the Township of Manvers is 3,377 m. In addition, the Township of Manvers is 1039 REPORT NO. : WD-45-93 PAGE 4 responsible for maintenance of 3,850 m of Boundary Road during the summer months only. 3 .4 Reviewed with Manvers Township The proposed Agreement has been reviewed with staff of the Township of Manvers who have advised of their agreement of its contents . It was also agreed that the proposed Agreement would be presented to the Council of Clarington firstly for approval and execution and then forwarded to the Council of the Township of Manvers for their consideration, approval and execution. 3 .5 Passing of the Proposed By-law The passing of the proposed By-law will implement the entering into of a new Agreement with the Township of Manvers. Respectfully submitted, I Walter A. Evans, P.Eng. , Director of Public Works I RB*WAE*ph September 23, 1993 Attachments pc: Township of Manvers Box 210 Bethany, Ontario LOA 1A0 Attention: Donna M. Whitteker, Clerk Treasurer 1040 i `)ounda;y Road Agreement 8etweun ` THE CORPORATION OF THE TOWN OF NEWCASTLE AND THE CORPORATION OF THE TOWNSHIP OF MANVERS WHEREAS: The. boundery road is a public right-of-way forming a boyndery between the Towti of Newcastle and the Township of Menvere. AND WHEREABf The Town of Newcastle and the Township of Manvera have agreed to provide for its maintenance and repair by entering into this agreement, NOW, THEREFORE THIS AGREEMENT WITNESSETH that the parties hereto do covenant and agree;as foliowst 1. That the Township of Menvere maintain the entire boundary road situated both seat and west of Highway #35 and #115 during the summer months being.from April ,lat to October let each year. 2, That the Town of Newcastle maintain the entire boundary road situated both east and west of Highway #35 and 1,`115 during the winter months , being from October let to April let each year. 3. The ordinary road maintenance, in accordance with the Ministry of Transportation and Communications shall be done Without sharing the costa. Ordinary maintenance shall include grading, ditching, dust control (road oil or calcium), snow ploughing, eanding, salting and snow fence. 4. Estimated work projects such as priming, that cannot be considered as normal maintenance shall be presented to each Council on or before March 30th of any year for consideration and final approval. 5. Reconstruction projects cannot be considered as normal maintenance and shell be presented to eacn Council six months in advance fqr consideration end final approval. 6, In case of any road contingency , ono Council may approach the other at any time to mutually agree on the nocnaoary work, This agreement shall be in effect on the first day of cTU L- 197{, and continue until repealed by either Council giving written notice 6t least 60 days prior to .March 30th of any year or amended and mutually agreed upon by the Councils Reeve, ownehip of Manvera (Mayor, Town of Neaicastla) (Clerk, Township Menvere) (Clerk Town of Newcastle) ATTACHMENT NO. 1 WD-45-93 1041 i THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW NUMBER 93- Being a By-Law to authorize the entering into of an agreement between the Corporation of the Municipality of Clarington and the Corporation of the Township of Manvers. WHEREAS, the Council of the Corporation of the Municipality of Clarington, pursuant to c.M.25, s.271, of the Municipal Act R.S.O. 1990, as amended, deems it expedient to authorize the entering into of a Boundary Road agreement between the Corporation of the Municipality of Clarington and the Corporation of the Township of Manvers. NOW THEREFORE, the Corporation of the Municipality of Clarington enacts as follows: 1. That the Mayor and Clerk be authorized to execute, on behalf of the Corporation of the Municipality of Clarington, and seal with the Corporation's Seal, a Boundary Road Agreement between the Corporation of the Municipality of Clarington and the Corporation of the Township of Manvers, attached hereto as Schedule "A" and forming part of this by-law providing; a) An undertaking for maintenance by the Corporation of the Municipality of Clarington of Boundary Road situated between Kings Highway 35 and Kings Highway 115; b) An undertaking for maintenance by the Corporation of the Municipality of Clarington of Boundary Road situated from Regional Road 20 to the Corporation of the Township of Scugog Boundary Road; c) An undertaking for maintenance by the Township of Manvers of Boundary Road situated east of Kings Highway 115; d) The term of the agreement shall not exceed ten (10) years from the date of its execution by the later of the two municipalities to execute it; e) Any major work or proposed construction on any portion of the Boundary Road be consented to by resolution of the Council of each party; f) Each party agrees to indemnify and save harmless the other from any loss or damage arising from the want or repair of their respective portions of the Boundary Road; and g) The agreement, together with certified copies of the by- law of the Council of each party authorizing the entering into of the agreement, shall be registered in the Land Registry Office. I 10 42 ATTACHMENT NO. 2 WD-45-93 - 2 - 2. That this by-law and the agreement attached hereto as Schedule "A" and map attached hereto as Schedule "B" be registered in the Land Registry Office. BY-LAW read a first and second time this 12th day of October, 1993. BY-LAW read a third time and finally passed this 12th day of October, 1993. DIANE HAMRE MAYOR PATTI BARRIE CLERK i 104 .3 SCHEDULE "A" TO BY-LAW 93- BOUNDARY ROAD AGREEMENT BETWEEN THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON AND THE CORPORATION OF THE TOWNSHIP OF MANVERS WHEREAS the Boundary Road is a public right-of-way forming a boundary between the Corporation of the Municipality of Clarington and the Corporation of the Township of Manvers. AND WHEREAS The Corporation of the Municipality of Clarington and the Corporation of the Township of Manvers have agreed to provide for its maintenance and repair by entering into this agreement. NOW, THEREFORE this agreement witness that the parties hereto do covenant and agree as follows: 1. That the Corporation of the Municipality of Clarington, at its expense, shall maintain Boundary Road situated between King's Highway 115 and King's Highway 35, a distance of 1,250 m, during the entire year. 2. That the Corporation of the Municipality of Clarington, at its expense, shall maintain Boundary Road situated from Regional Road 20 to the Corporation of the Township of Scugog boundary, a distance of 3,027 m, during the entire year. 3. That the Corporation of the Township of Manvers, at its expense, 'shall maintain Boundary Road situated from the easterly limit of King's Highway 115 easterly for a distance of 3,377 m, during the entire year. 4. That the Corporation of the Township of Manvers, at its expense, shall maintain Boundary Road situated from a point 3,377 m east of the easterly limit of King's Highway 115, easterly to the Township of Cavan boundary, a distance of 3,850 m, during the summer months only. 5. That the ordinary road maintenance shall be performed in accordance with the Ministry of Transportation guidelines. Ordinary maintenance shall include grading, ditching, salting, snow-fence, signing, culvert maintenance, and roadside maintenance and shall be done without sharing cost. 6. That the original installation of entrance culverts will be the responsibility of the municipality in which that lot is registered. The cost incurred for original installations will be charged to the property owner. That the location of the entrance culverts shall be mutually agreed upon by a representative of the Corporation of the Municipality of Clarington and the Corporation of the Township of Manvers. 7. That the work projects such as surface treatment and level railroad crossing improvements, that cannot be considered as normal maintenance shall be presented to each Council on or before March 30th of any year for consideration and final approval by resolution. If the Councils having joint jurisdiction over them fail to agree as to the proportion of the expense to be borne by each Corporation, the same shall be determined by arbitration. 8. That the reconstruction projects cannot be considered as normal maintenance and shall be presented to each Council six (6) months in advance for consideration and final approval. If the Councils having joint jurisdiction over them fail to ,y ` ATTACHMENT NO. 3 �} �} WD-45-93 - 2 - agree as to the proportion of the expense to be borne by each Corporation, the same shall be determined by arbitration. 9. That the by-laws regulating traffic will be applied by the Corporation having jurisdiction over that portion of roadway that it has undertaken to maintain. The adjoining Corporation will be advised in writing of any proposed traffic by-law amendments for comments a minimum of thirty (30) days prior to approval by the governing Council. The adjoining Corporation will be advised after the by-law has been formally passed by the proper authorities. That if the adjoining Corporation, after objecting to a proposed By-law amendment, fails to agree the same shall be determined by arbitration. That the Corporation having jurisdiction over a roadway which intersects the Boundary Road will assume responsibility of the required regulatory, warning and street name signs of the intersecting road. 10. That in the event that a subdivision development occurs on either side of a Boundary 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 Boundary 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. 11. That cost incurred regarding the maintenance of railway crossings is to be shared equally by the adjoining Municipalities. 12. That this By-law be subject to the acceptance of both municipalities and approved by their respective Councils. 13. That each party agrees to indemnify and save harmless the other from any loss or damage arising from the want of repair for the portion of the boundary road which each party has agreed to maintain and repair in accordance with this agreement and for the term of this agreement. 14. That nothing in this agreement shall derogate from the responsibility of either municipality to do such work as is necessary in order to fulfil any obligation imposed by c.M.45, s.271, of the Municipal Act R.S.O. 1990, as amended. In the event that either party is obligated to make such an expenditure it shall be reimbursed upon demand being made for those costs expended upon that portion of the Boundary Road which the other party has agreed to maintain and repair at its expense. 15. That this agreement shall supersede all former Boundary Road agreements between the parties hereto. 16. That nothing in this agreement shall oblige either party to open for public travel, maintain or repair any portion of the Boundary Road allowance that is designated as "unopened" or "unimproved. " 17. That the term of this ,agreement shall commence on the date of its execution by the later of the parties to execute it and shall terminate ten (10) years less one (1) day from the date of such execution as per the Municipal Act R.S.O. 1990, c.M.45, s.271, and continue until repealed by either Council giving written notice at least sixty (60) days prior or this 1045 3 - agreement may be amended if the change is mutually agreed upon by both councils. 18. That this agreement shall be registered in the Land Registry Office of the Land Registry Division in which the highway is situated with the authorizing by-laws of the two municipalities. Executed under the seal of the Corporation of the Municipality of Clarington this day of , 1993. DIANE HAMRE MAYOR PATTI BARRIE CLERK Executed under the seal of the Township of Manvers this day of 1993. TERRY STAPLES REEVE DONNA M. WHITTEKER CLERK TREASURER 1046 AGREEMENT FOR THE NORMAL MAINTENANCE AND REPAIR OF BOUNDARY ROADS BETWEEN MUNICIPALITY OF CLARINGTON AND TOWNSHIP OF MANVERS w z � J Z O C T 014lNSHIP O F 11/I_ 1 1 'E R ,S z Q 3027m o 1250m � z I �' ��395m�--- 35^7 1 3850m -{. � Q REGIONAL ROAD 20 ' -1= H0UL,IC ,F.: CONCESSION ROAD 10 / ROAD o �y WILCOX ROAD ,n z FOR A R J TT�� O TO Y{j P t, T JA J I E I � THERT LL ROAD 1 LEGEND C: ATTACHS CLARKE BNDRYRD2 TOWNSHIP OF MANVERS RESPONSIBILITY 385Om SUMMER MAINTENANCE PROGRAM DRAWN BY. JM DATE: SEPT. 1993 TOWNSHIP OF MANVERS RESPONSIBILITY (3377m) YEAR-ROUND MAINTENANCE PROGRAM MUNICIPALITY OF CLARINGTON RESPONSIBILITY SCHEDULE "B" 4277 YEAR-ROUND MAINTENANCE PROGRAM AGREEMENT FOR THE NORMAL MAINTENANCE AND REPAIR, OF BOUNDARY ROADS BETWEEN MUNICIPALITY OF CLARINGTON AND TOIVNSHIP OF MANVERS z �J Z - � T 0 T T T r,SHI r� OF � ,� , .7 ; � :)S � z , Q � 3027m z o c� 1250m z ��95m 3377 I 3850m o REGIONAL ROAD 20 h CONCESSION ROAD 10 �s y\�� BOUNDARY ROAD o ~ o WILCOX ROAD Q -:Z- L V� u� z FORMER F_ o TO V V 1 I S' T I �`j�� ? II�iT_�1 1,_f- %-� � I I-IERT LL � 1 r ROAD � S I I LEGEND C:\ATTACHS\CLARKE\BNDRYRD2 ;85 TOWNSHIP OF hiANVERS RESPONSIBILITY � 1) SUMMER MAINTENANCE PROGRAM DRAWN BY JM DATE. SEPT. 1993� TOWNSHIP OF MANVERS RESPONSIBILITY m) YEAR-ROUND MAINTENANCE PROGRAM SCHEDULE "B" MUNICIPALITY OF CLARINGTON RESPONSIBILITY 4277 YEAR-ROUND MAINTENANCE PROGRAM