HomeMy WebLinkAboutWD-45-93 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
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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
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