HomeMy WebLinkAboutWD-43-93 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
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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
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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
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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
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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
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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
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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
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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
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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 .
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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 )
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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:
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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.
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ATTACHMENT NO. 2
WD-43-93
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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
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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.
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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
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m
& CON 5
= s
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2000m
CONCESSION ROAD $
CONC SIGN RGko 6-mp OF Fo E
CON 4
a o 10 1800m
3
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CONCESSION ROAD 4
CON 600m TOWNSHIP OF HOPE
1500m
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CONCESSION ROAD°�3 AN
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CON 20 c
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HIGHWAY
CON 1 —°
CONCESSION ROAD �
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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
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