HomeMy WebLinkAboutBy-law 934/79THE CORPORATION OF THE TOWN OF PICKERING
BY-LAW NO. 934/79
Being a by-law to authorize the execution
of an Agreement between the Corporation
of the Town of Pickering and the Corporation
of the Township of Uxbridge respecting the
maintenance and repair of the Pickering/
Uxbridge Townline Road.
WHEREAS, pursuant to the provisions of subsection 1 of
section 410 of The Municipal Act, R.S.O. 1970, c.284, the
corporations of adjoining municipalities may enter into an
Agreement for the maintenance and repair of any highway form-
ing the boundary between such municipalities; and
WHEREAS, the highway known as the Pickering/Uxbridge
Townline Road forms part of the boundary between the Town of
Pickering and the Township of Uxbridge; and
WHEREAS, it is therefore deemed expedient to enter into
an Agreement to provide for the maintenance and repair of
that highway;
NOW THEREFORE, the Council of the Corporation of the
Town of Pickering HEREBY ENACTS AS FOLLOWS:
1. The Mayor and Clerk are hereby authorized to execute
an Agreement, in the form attached hereto as Schedule
"A", between the Corporation of the Town of Pickering
and the Corporation of the Township of Uxbridge respect-
ing the maintenance and repair of the Pickering/Uxbridge
Townline Road.
BY-LAW read a first, second and third time and finally passed
this 8th day of January 1 1979 .
THIS AGREEMENT made in duplicate this 14th day of December, 1978.
BETWEEN:
THE CORPORATION OF THE TOWN OF PICKERING
(hereinafter called "Pickering")
OF THE FIRST PART,
- and -
THE CORPORATION OF THE TOWNSHIP OF UXBRIDGE
(hereinafter called "Uxbridge")
OF THE SECOND PART.
WHEREAS, pursuant to the provisions of subsection 1 of sec-
tion 410 of The Municipal Act, R.S.O. 1970, c.284, the corpora-
tions of adjoining municipalities may enter into an Agreement
for the maintenance and repair of any highway forming the bound-
ary between such municipalities; and
WHEREAS that highway known as the Pickering-Uxbridge Town-
line Road forms part of the boundary between Pickering and
Uxbridge;
NOW THEREFORE THIS AGREEMENT WITNESSETH THAT, in considera-
tion of the mutual covenants and agreements herein contained,
and subject to the terms and conditions hereinafter set out, the
Parties hereto agree as follows:
1. During the term hereof, Pickering shall maintain and keep
in repair at its sole expense, those portions of the Pick-
ering-Uxbridge Townline Road described in Schedule "A"
hereto, for their whole width and shall save Uxbridge
harmless from any loss or damage arising from the want of
repair of such portions.
2. During the term hereof, Uxbridge shall maintain and keep
in repair at its sole expense, that portion of the Pick-
ering-Uxbridge Townline Road described in Schedule "B"
hereto, for its whole width and shall save Pickering
harmless from any loss or damage arising from the want
of repair of such portion.
3. (1) If either Party, or any board or commission thereof,
wishes to install or repair any municipal services
on any portion of the said Road for which the other
Party has the obligation to maintain and repair pur-
suant to section 1 or 2, above, then in that event,
the Party that wishes to install or repair the ser-
vices shall,
(a) prior to the commencement of work, advise
the other Party of the nature and extent
of the work to be done,
(b) arrange a mutually agreeable timetable
for the performance of the work,
-2-
(c) upon completion of the work, restore
or replace the highway into the same
condition it was prior to the com-
mencement of work, and
(d) for a period of six (6) months after
the completion of the restoration or
replacement, reimburse the other
Party for any repair work required
on the portion restored or replaced.
(2) Notwithstanding the provisions of clauses (a) and
(b) of subsection (1), above, in the event of an
emergency, either Party may repair municipal ser-
vices without prior notice to the other, but shall
notify the other Party as soon as practicable.
4. (1) The term of this Agreement shall be from January
2nd, 1979 to January 1st, 1989, inclusive, unless
this Agreement is earlier terminated by either
Party pursuant to subsections (2) and (3)
hereof.
(2) Either Party may terminate this Agreement prior
to January 1st, 1989, upon giving written notice
to the Clerk of the other Party at least twelve
(12) months prior to the proposed date of ter-
mination.
(3) The written notice referred to in subsection (2),
above, shall be sufficiently given only if it is
delivered personally to the other Party's Clerk
at the other Party's offices.
IN WITNESS WHEREOF the Parties hereto have hereunto affixed
their respective corporate seals attested to by the hands of
their proper authorized officers.
THE CORPORATION OF THE TOWN OF PICKERING
Mayor
e
THE CORPORATION OF THE TOWNSHIP OF UXBRIDGE
yor
SCHEDULE "A"
Those portions of the Pickering-Uxbridge Townline Road for which
Pickering shall have the obligation to maintain and keep in re-
pair are:
FIRSTLY, that portion of the Pickering-Uxbridge Townline Road
commencing at its intersection with York Regional Road No. 30
and running easterly to its intersection with Uxbridge Conces-
sion Three Road;
SECONDLY, that portion of the said Townline Road commencing at
its intersection with Uxbridge Concession Seven Road and run-
ning easterly a distance of 0.32 kilometres (0.2 miles) ; and
THIRDLY, that portion of the said Townline Road commencing at
its intersection with Durham Regional Road No. 23 and running
westerly a distance of 0.96 kilometres (0.6 miles).
SCHEDULE "C"
TOWN OF MARKHAM
YORK [ROAD 30
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DURHAM ROAD 2323
TOWN OF WHITBY
SCHEDULE "B"
That portion of the Pickering-Uxbridge Townline Road for which
Uxbridge shall have the obligation to maintain and keep in
repair is:
THAT PORTION of the Pickering-Uxbridge Townline Road commencing
at its intersection with Uxbridge Concession Three Road and run-
ning easterly to its intersection with Uxbridge Concession Six
Road.
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