Loading...
HomeMy WebLinkAboutWD-43-93 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON XXXMD=RnRx)=OMXRRXIDMXORXWM=XXXX REPORT Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE File# Date: OCTOBER 4, 1993 R e s. # Report#:_-WI L-4-3-m-9-3— File #: G.45 .0� By-L-aw# Subject: PROPOSED BOUNDARY ROAD AGREEMENT BETWEEN THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON AND THE CORPORATION OF THE TOWNSHIP OF HOPE Recommendations: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report WD-43-93 be received; 2 . THAT Council approve the By-law attached to Report WD-43-93; 3 . THAT a copy of Report WD-43-93 and eight (8) executed copies of the proposed Agreement be forwarded to the Township of Hope for their consideration, approval and execution; 4 . THAT The Corporation of the Township of Hope 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 Hope 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 1014 I I.5 B IINIIO1Q­-1.PA'III 9 REPORT NO. : WD-43-93 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: 1980 Boundary Road Agreement No. 2 : Proposed By-law authorizing the entry into of a Boundary Road Agreement No. 3: Proposed Boundary Road Agreement 2.0 BACKGROUND 2 . 1 In 1979, the former Town of Newcastle and the Township of Hope entered into a Boundary Road Agreement which came into effect on January 1, 1980 . 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 i 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 i arising from the want to repair of such portion. " Therefore, the Boundary Road Agreement with the Township of Hope expired on December 31, 1989 . Although the lack of an i 1015 REPORT NO. : WD-43-93 PAGE 3 agreement has not presented any problems, a new agreement is required. 3.0 REVIEW AND COMMENT 3 . 1 Agreement Has Expired The existing Boundary Road Agreement with the Township of Hope came into effect on January 1, 1980. 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 1980 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 7,000 m and to be maintained year-round by the Township of Hope is 8,102 M. In the proposed Agreement, the limits of the sections to be maintained by each Municipality have been referenced to the Sixth Concession Road of the Township of Hope (rather than the Fifth Concession Road of former Clarke, as described in the i 1980 Agreement) because referencing the limits to the Sixth Concession Road of former Clarke does not accurately describe the limits of the boundary road to be maintained by each Municipality (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 1016 REPORT NO. : WD-43-93 PAGE 4 Municipality in certain cases, work on unopened and unimproved roads and the date of termination of the Agreement. 3 . 3 Reviewed with Hope Township The proposed Agreement has been reviewed with staff of the Township of Hope 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 Hope 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 Hope. Respectfully submitted, Walter A. Evans, P.Eng. , Director of Public Works RB*WAE*ph September 23, 1993 Attachments pc: Township of Hope P.O. Box 85 Port Hope, Ontario LlA 3V9 Attention: Frances Aird I I i i i i 1017 BOUNDARY Rona AGRFF,ME;Ii'I' 1! F T W E E N: THE CORPORATION OF THE 'GOWN OF NEWCASTLE and* - THE CORPONATION OF' THE' TOWNSHIP OF' HOPE WHEREAS the boundary road is fi public right-ofyv;ay. forming a boundary between the Town of Newcastle and. the Township of Hope; AND WHEREAS the Town of Newcastle and the Township of Hope have agreed to provide for its maintenance and repair by entering into this agreement; NOW THEREFORE this agreement wltnesseth that the parties hereto do dovenant and agree as follows: 1 . That the Town of Newcastle maintain that portion of the said boundary ron<I situated south of the Fifth Concession Road Allowance of former Clarke , 2. That the Township of Hope maintain that portion o't the said boundary road situated north of the Fifth Concession Road Allowance of former Clarke. 3. The ordinary road maintenance in accordance with the Ministry of Transportation and Communications shall !,e done with,nit sharing the costs. Ordinary maintenance shall include dragging, ditching, dust control (road all ur calcium) snowploughing, sanding salting and snow fence and gravel pitching, 4. Estimated work projects such as priming of new construction cannot be considered as normal maintenance' and shall be presented to each Council on or before March 31st of any year for Consideration and final approval . I 5. Reconstruction projects cannot be considered as normal maintenance and shall be preSonted to each Council si-x months in advance for cons.ider',tiun and final approval . ATTACHMENT NO. 1 WD-43-93 2. 1018- 6, '1'he TOWn of 1.10-:,1,rs1;le L() 1,ci,Iar• c ov Instul ) I entrance culverts and i:;:air cntrrinut, 1)r, rm 1,;; on their side of tho boundary ruad boty"c'elt Lh1, 'lbvrn OI' NovrcusClc rind the Township of Hope rind charge Cho co::ts incurred to the property owner, 7. The Township of Hope to replace or install entrance culverts and issue entrance permits on their side of the boundary road between the Town of Newcastle and the Township of Hope and charge the costs incurred to the property owner. 8. In case of any Road contingency, one Council may approach the other at any time to mutually agree on the necessary work. 9. This agreemenL :)brill be in efCect on the fir;)L ditty of Janurtry 1980 and continuc ;;nLil repealed by either Council given written noi.tee aL l ast GO day; prior to March 31:3L of any year or nmr:ndo(i ;111(1 mutually apreed t;pon by the Councils, TOW14 OF NEWCASTLE: Mayor 4 K. Clerk TOWN;{i171' OF HOPE: .Reeve �1erH: I 1019 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 Hope. 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 Hope. 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 Hope, 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 the maintenance of the Boundary Road situated south of the Sixth Concession Road Allowance of the Township of Hope; b) An undertaking by the Corporation of the Township of Hope for maintenance of the Boundary Road situated north of the Sixth Concession Road Allowance of the Township of Hope; C) 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; 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. I ATTACHMENT NO. 2 WD-43-93 1 U 2 0* I 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 second time and finally passed this 12th day of October, 1993. DIANE HAMI2E MAYOR PATTI BARRIE CLERK i 1021 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 HOPE 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 Hope. AND WHEREAS The Corporation of the Municipality of Clarington and the Corporation of the Township of Hope 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 the Boundary Road situated south of the Sixth Concession Road Allowance of the Township of Hope during the entire year. 2. That the Corporation of the Township of Hope, at its expense, shall maintain the Boundary Road situated north of the Sixth Concession Road Allowance of the Township of Hope during the entire year. 3. 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. 4. 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 Hope. 5. 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. 6. That 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 by resolution. - q ATTACHMENT NO. 3 WD-43-93 2 - That 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. 7. That 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 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. 8. 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. 9. That cost incurred regarding the maintenance of railway crossings is to be shared equally by the adjoining Municipalities. 10. That this By-law be subject to the acceptance of both municipalities and approved by their respective Councils. 11. 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. 12. 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. 13. That this agreement shall supersede all former Boundary Road agreements between the parties hereto. 1023 3 - 14. 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 15. 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 agreement may be amended if the change is mutually agreed upon by both councils. 16. 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 Hope this day of 1993. IAN W. M. ANGUS MAYOR FRANCES AIRD CLERK 1024 TO NSHIPRa,ORF MANVERS CON 10 CON 9 T 0 WNSHIP OF CAVAN ---- ----------------- FORMER T 0 WNSHI Of CLA RKE R�D CON 8 N LEGEND CON 7 p ® Township of Hope Responsibility, $ ° s 3 t [ . (8112m) Year Round Maintenance Program REGIONAE ; ROAD J9 E ® Municipality of Clarington Responsibility, CON 6 w (7000m) Year Round Maintenance Program ®mmmmmmmmmmmm® Unopened/Unimproved Road Allowance (4000m) CONCESSON D F m & CON 5 = s o - ° 2000m CONCESSION ROAD $ CONC SIGN RGko 6-mp OF Fo E CON 4 a o 10 1800m 3 ° 'q CONCESSION ROAD 4 CON 600m TOWNSHIP OF HOPE 1500m JL ° w CONCESSION ROAD°�3 AN O CON 20 c 0 a ' NrCli}yAY „ O HIGHWAY CON 1 —° CONCESSION ROAD � O N BF A y i 5 r 3 0 Ii BF BZ s - AGREEMENT FOR THE NORMAL MAINTENANCE C:\ATTACHS\CLARKE\BNDRYRD AND REPAIR OF BOUNDARY ROADS DRAWN B OATE: SEPT. 1993 BETWEEN MUNICIPALITY OF CLARINGTON AND TOWNSHIP OF HOPE SCHEDULE "B" 1025 I i