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HomeMy WebLinkAboutWD-44-93 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON XXXMnMPAn RAC MMXURXWk'RXORXWMflMXXXX REPORT Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE File # LC A, Date: OCTOBER 4, 1993 Res. #-G J90-,'�-�- (77 3 Report#:__,WD_-44_-9 3_ File #: D aw# Subject: PROPOSED BOUNDARY ROAD AGREEMENT BETWEEN THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON AND THE CORPORATION OF THE TOWNSHIP OF SCUGOG Recommendations: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report WD-44-93 be received; 2 . THAT Council approve the By-law attached to Report WD-44-93; 3 . THAT a copy of Report WD-44-93 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 Scugog 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 Scugog 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 10, 26 REPORT NO. : WD-44-93 PAGE 2 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. REPORT 1.0 ATTACHMENTS No. 1: 1974 Boundary Road Agreement No. 2 : Proposed By-law authorizing the entry into of a Boundary Agreement No. 4: Proposed Boundary Road Agreement I i 2.0 BACKGROUND 2 . 1 In 1974, the former Town of Newcastle and the Township of Scugog entered into a Boundary Road Agreement which came into effect on July 11, 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: " ( 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 Scugog expired on July 11, 1984 . Although the lack of an agreement has not presented any problems, a new agreement is required. i 1027 REPORT NO. : WD-44-93 PAGE 3 3.0 REVIEW AND COMMENT 3 . 1 Agreement Has Expired The existing Boundary Road Agreement with the Township of Scugog came into effect on July 11, 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 The proposed Agreement does not make any changes from the 1974 Agreement in the location or length of the boundary road to be maintained by each Municipality. The length of the boundary road to be maintained year-round by Clarington is 1,250 m and to be maintained during the summer months only is 2,000 m. The length of the boundary road to be maintained year-round by the Township of Scugog is 850 m and during the summer months only is 5,960 m. In the proposed Agreement, the limits of the sections to be maintained by each Municipality have been referenced to Durham Regional Road 57 (see Schedule "B" which is attached to the proposed Agreement) . The proposed Agreement provides for new sections which deal with such matters as Traffic By-laws, work on the boundary road related to subdivisions, work at railway crossings, indemnity of each Municipality, reimbursement by the other Municipality in certain cases, work on unopened and unimproved roads and the date of termination of the Agreement. 3. 3 Reviewed with Scugog Township The proposed Agreement has been reviewed with staff of the Township of Scugog 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 1028 REPORT NO. : WD-44-93 PAGE 4 approval and execution and then forwarded to the Council of the Township of Scugog for their consideration, approval and execution. 3.4 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 Scugog. Respectfully submitted, 7f'ti(/L- Walter A. Evans, P Eng , Director of Public Works RB*WAE*ph September 17, 1993 Attachments i I I 1029 i I Boundary Road Agreement Between THE CORPORATION OF THE TOWN OF NEWCASTLE AND THE CORPORATION OF THE TOWNSHIP OF SCUGOG WHEREAS: TJwnline Road is a public right-of-way forming a boundary between the ,Town of Newcastle and the Township of Scugog. i AND WHEREAS:! The Town and the Township have agreed to provide for its main ,en�,nce and repair by entering into this agreement. NOW, THEREFORE THIS AGREEMENT WITNESSETH that the parties hereto do covenant and agree as follows: 1. That the Town of Newcastle maintain that portion of the said boundary road situated west of the Scugog Road. 2. That the Township of Scugog maintain that portion of the said boundary road situated east of the Scugog Road. 3. That until such time the status of the said boundary road is changed, maintenance on the entire boundary be at a minimum. 4. That any major work or any proposed construction of the said ;;boundary be the decision of the joint Councils. Dated this i/ day of 1974 U (f4auE, Township of Scugog) (Mayor, own of Newcastle) Clerk, Township f Scugog) (Clerk, Town f Newcastle.) SEAL: ATTACI3MENT NO. 1 ' WD-44-93 1030 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 Scugog. WHEREAS, the Council of the Corporation of the Municipality of Clarington, pursuant to c.M.45, 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 Scugog. 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 Scugog, attached hereto as Schedule "A" and forming part of this by-law providing; a) An undertaking by the Corporation of the Municipality of Clarington for maintenance of Boundary Road situated from Durham Regional Road 57 westerly to the City of Oshawa/Municipality of Clarington Boundary Road; b) An undertaking by the Corporation of the Township of Scugog for maintenance of Boundary Road situated from Durham Regional Road 57 easterly to the Township of Manvers/Municipality of Clarington Boundary Road; c) The term of the agreement shall not exceed ten (10) years from the date of its execution by the latter of the two municipalities to execute it; d) Any major work or proposed construction on any portion of the Boundary Road be consented to by resolution of the Council of each party; e) 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 f) 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. ATTACHMENT NO. 2 WD-44-93 1031 Page 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 1 1132 I SCHEDULE "A" TO BY-LAW 93- BOUNDARY ROAD AGREEMENT BETWEEN THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON AND THE CORPORATION OF THE TOWNSHIP OF SCUGOG 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 Scugog. AND WHEREAS the Corporation of the Municipality of Clarington and the Corporation of the Township of Scugog 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 from the west limit of Regional Road 57 westerly for 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 between Enfield Road and Townline Road, a distance of 2,000 m during the summer months only. 3. That the Corporation of the Township of Scugog, at its expense, shall maintain Boundary Road situated from the easterly limit of Avery Road/Fowler Line easterly for a distance of 850 m during the entire year. 4. That the Corporation of the Township of Scugog, at its expense, shall maintain Boundary Road situated between the easterly limit of Regional Road 57 and the westerly limit of Avery Road/Fowler Line, a distance of 2,000 m and situated from a point 850 m east of the easterly limit of Avery Road/Fowler Line easterly to the Township of Manvers boundary, a distance of 3,960 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 Scugog. ATTACHMENT NO. 3 WD-44-93 i 1033 - 2 - 7. That 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. 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 reconstruction projects cannot be considered as normal maintenance and shall be presented to each Council six months in advance 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. 9. By-laws regulating traffic will be applied by the Corporation having jurisdiction over that portion of roadway that it has undertaken to maintain. That 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 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. i 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 Section 284, 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 1034 i - 3 - 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", as illustrated on the plan attached as Schedule B 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 years less one 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 agreement may be amended if the change is mutually agreed upon by both councils. 18. 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 Scugog this day of , 1993. HOWARD HALL MAYOR I EARL S. CUDDIE, ADMINISTRATOR-CLERK 1035 LEGEND Unopened/Unimproved Rood Allowance (4050m) 1158®®®® Municipality of Clorington Responsibility, Summer Maintenance Program (2000m) Municipality of Clarington Responsibility, Year Round maintenance Program (1250m) ®I 18 I I® Township of Scugog Responsibility, Summer Maintenance Program (5960m) Township of Scugog Year Round Maintenance Program (850m) SUBJECT SITE TOWNSHIP OF SCUGOG 4050m 250m 2000m 850 39 m BOUNDARY ROAD II � II _ II CONCESSI N a ROAD —110/ I iq —II II II n BURK ON 3 III F o II z C, FORAIER TO fff IP JOF D L GT v An H. I II III RCGIONAL ROAD N0. 7 0 CONCESSION RD 7 CONCES N RD. 7 II o p o III jC1111M o CONCESSI N RD. 6 . 6 o NrC I A Y CLARINGTON 1FUNTON ROAD I_ JI— TAUNTON ROAD AGREEMENT FOR THE NORMAL MAINTENANCE AND REPAIR OF BOUNDARY ROADS (/) BETWEEN MUNICIPALITY OF CLARINGTON AND TOWNSHIP OF SCUGOG C:\ATTACHS\DARL\BNDRYRD DRAWN BY: JM DATE; SEPT. 1993 SCHEDULE "B" 1036 i