HomeMy WebLinkAboutBy-law 972/797 9 3 q
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THE CORPORATION OF THE TOWN OF PICKERING
BY-LAW NO. 972/79
Being a by-law to authorize the execution
of an Agreement between the Corporation
of the Town of Pickering and the Corporation
of the Borough of Scarborough respecting the
maintenance and repair of the Pickering/
Scarborough 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/Scarbor-
ough Townline Road forms part of the boundary between the
Town of Pickering and the Borough of Scarborough; 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 Corpora-
tion of the Town of Pickering and the Corpor-
ation of the Borough of Scarborough respect-
ing the maintenance and repair of the Pick-
ering/Scarborough Townline Road.
BY-LAW read a first, second and third time and finally passed
this 19th day of March , 1979.
SCHEDULE "A" to By-law 972/79
THIS AGREEMENT made in duplicate this day of , 197
BETWEEN:
THE CORPORATION OF THE TOWN OF PICKERING
(hereinafter called "Pickering")
OF THE FIRST PART,
- and -
THE CORPORATION OF THE BOROUGH OF SCARBOROUGH
(hereinafter called "Scarborough")
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 Scarborough Townline Road
forms part of the boundary between Pickering and Scarborough;
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. (1) During the term hereof, Pickering shall main-
tain and keep in repair at its sole expense,
that portion of the Scarborough Townline Road
described in Schedule "A" hereto, for its
whole width and shall save Scarborough harm-
less from any loss or damage arising from the
want of repair of such portions.
(2) The obligation to maintain and repair referred
to in subsection 1 above, includes the main-
tenance and repair of the Canadian Pacific Rail-
way crossing, except the rails, tees, rail-bed
and any other appurtenances owned by the Cana-
dian Pacific Railway, and includes the mainten-
ance and repair of the signal lights and bills
at that crossing.
(3) Notwithstanding the provisions of subsections
1 and 2, above, maintenance and repair beyond
the normal or usual maintenance and repair shall
not be undertaken by Pickering without the spec-
ific written approval of Scarborough unless such
maintenance and repair is in the nature of an
emergency.
2. (1) If either Party, or any board or commission
thereof, wishes to install or repair any muni-
cipal services on the portion of the said Road
for which Pickering has the obligation to main-
tain and repair pursuant to section 1, above,
-2-
then in that event, the Party that wishes to
install or repair the services 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 time-
table for the performance of the
work,
(c) upon completion of the work, re-
store or replace the highway into
the same condition it was prior to
the commencement of work, and
(d) in the event that Scarborough per-
forms the work, for a period of six
(6) months after the completion of
the restoration or replacement,
reimburse Pickering 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.
3. (1) The cost of the maintenance and repair provided
by Pickering pursuant to section 1 hereof shall
be shared equally by both Parties.
(2) On January 15th and July 15th in each year of
the term hereof, excluding January 15th, 1979,
Pickering shall invoice Scarborough for one-
half of its cost in the preceding six month
period of the maintenance and repair provided
by it pursuant hereto.
(3) Fifteen days after the expiry or other termin-
ation of this Agreement, Pickering shall in-
voice Scarborough for one-half of its cost in
the preceding period of up to six months of
the maintenance and repair provided by it pur-
suant hereto.
(4) The full amount of any invoice submitted pur-
suant to this section shall be paid by Scar-
borough within 15 days of the date of such
invoice or be subject to a penalty in the
amount of 1-1/2 per cent per month, calculated
from the date of the invoice.
4. (1) The term of this Agreement shall be from Janu-
ary 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 -
(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
THE CORPORATION OF THE BOROUGH OF SCARBOROUGH
Mayor
SCHEDULE "A"
That portion of the Scarborough Townline Road for which Pickering
shall have the obligation to maintain and keep in repair is:
From
Finch Avenue
(Pickering/Scarborough)
To
Steeles Avenue
(Scarborough/Markham)
SCHEDULE "B"
TOWN OF MARKHAM
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