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HomeMy WebLinkAboutBy-law 3096/89 THE CORPORATION OF TtIE TOWN OF PICKERING BY-LAW NO. 3096 /89 Being a by-law to authorize the execution of a Boundary Road Maintenance Agreement between The Corporation of the Town of Picketing and The Corporation of the Town of Ajax (1989-1999) WHEREAS pursuant to section 268 of the Municipal Act, R.S.O. 1980, chapter 302, the corporations of adjoining municipalities may enter into an Agreement for the maintenance and repair of any highway forming the boundary between such municipalities; NOW THEREFORE, the Council of The Corporation of the Town of Picketing 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 Town of Ajax, being a Boundary Road Maintenance Agreement for the period 1989 01 02 to 1999 01 01. BY-LAW read a first, second and third time and finally passed this 17th day of April, 1989. Wayne Art~urs, Mayor BlqSce Tayldr, Clerk TOWN OF APPROVED LE,C~ ~L [.~ ,T. ~~* THE CORPORATION OF THE TOWN OF PICKERING BY-LAW NO. 3096 /89 Being a by-law to authorize the execution of a Boundary Road Maintenance Agreement between The Corporation of the Town of Pickering and The Corporation of the Town of Ajax (1989-1999) WHEREAS pursuant to section 268 of the Municipal Act, RoS.O. 1980, chapter 302, the corporations of adjoining municipalities may enter into an Agreement for the maintenance and repair of any highway forming the boundary between such municipalities; 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 Picketing and The Corporation of the Town of Ajax, being a Boundary Road Maintenance Agreement for the period 1989 01 02 to 1999 01 01. BY-LAW read a first, second and third time and finally passed this 17th day of April, 1989. Wayne ArtJ~'urs, Mayor · Bruce TaylOr, Clerk TOW~4 OF ~ICKER'NG.J APPROVED Schedule A THIS AGREEMENT made as of January 2, 1989. BETWEEN: THE CORPORATION OF THE TOWN OF PICKERING herein called "Picketing" THE CORPORATION OF THE TOWN OF AJAX herein called "Ajax" WHEREAS, pursuant to section 268 of the Municipal Act, R.S.O. 1980, c.302, the corporations of adjoining municipalities may enter into an agreement for the mainte- nance and repair of any highway forming the boundary between such municipalities; and WHEREAS certain portions of several highways form part of the boundary between Picketing and Ajax; NOW THEREFORE THIS AGREEMENT WITNESSETH THAT, in consideration of the mutual covenants and agreements herein contained, and subiect to the terms and conditions hereinafter set out, Picketing and Ajax agree as follows: 1. In this Agreement, (a) "Town" means either Picketing or Aiax, as the case may be. During the term hereof, Picketing shall maintain and keep in repair those portions of highway described in Schedule A for their whole width and shall save Ajax harmless from any loss or damage arising from the want of repair of such portions. 3. During the term hereof, Ajax shall maintain and keep in repair those portions of highway described in Schedule B for their whole width and shall save Pickering harmless from any loss or damage arising from the want of repair of such portions. 4. (1) If either Town, or any board or commission thereof, wishes to install or repair any municipal services on any portion of the highways for which the other Town has the obligation to maintain and repair hereunder, then the Town that wishes to install or repair the services shall, (a) prior to the commencement of work, advise the other Town of the nature and extent of the work to be done, (b) arrange a mutually agreeable timetable for the performance of the work, (C) upon completion of the work, restore or replace the highway into the same condition it was prior to the commencement of work, and (d) for a period of six months after the completion of the restoration or replacement, reimburse the other Town, for any repair work required on the portion restored or replaced. (2) Despite subsection (1) in the event of an emergency, either Town may repair municipal services without prior notice to the other, but shall notify the other as soon as practicable. 5. (1) The cost of the maintenance and repair provided by each Town pursuant to sections 2 and 3 shall be shared equally by both Towns. (2) On January 15th and July 15th in each year of the term hereof, excluding January 15th, 1989 each Town shah invoice the other for one-half of its cost in the preceding six month period of the maintenance and repair provided by it hereunder. (3) Fifteen days after the expiry or other termination of this Agreement, each Town shall invoice the other for one-half of its cost in the preceding period of up to six months of the maintenance and repair provided by it hereunder. (4) The full amount of any invoice submitted pursuant to this section shall be paid by the Town invoiced within 15 days of the date of the invoice or pay a penalty in the amount of 1½ per cent per month, calculated from the date of the invoice to the date of payment. 6. (1) The term of this Agreement shall begin at 00:01 hours on January 2, 1989 and expire at 00:01 hours on January 1, 1999, unless this Agreement is earlier terminated pursuant to subsections (2) and (3). (2) Either Town may terminate this Agreement prior to 00:01 hours on Janu- ary 1, 1999, upon giving written notice to the Clerk of the other Town at least twelve months prior to the proposed date of termination. (3) Written notice of termination shall be sufficiently given only if it is de- livered personally to the other Town*s Clerk at the other Town's offices. ?. (1) Schedules A and B hereto shall form part of this Agreement. (2) This Agreement shall be binding upon and enure to the benefit of each of the Towns and their respective successors. IN WITNESS WHEREOF Picketing and Ajax have hereunto affixed their respective corporate seals attested to by the hands of their proper authorized officers. THE CORPORATION OF THE TOWN OF PICKERING Wayne Arthurs, Mayor Bruce Taylor, Clerk THE CORPORATION OF THE TOWN OF AJAX Jim Witty, Mayor Albert Hodges, Clerk SCHEDULE A Those portions of the boundary highways for which Pickering shall have the obligation to maintain and keep in repair are: Highway From To 1. Church Street Lake Ontario Montgomery Park Road (also known as Frisco Road) 2. Sideline 16 Road Durham Regional Concession Five Road Road No. 4 3. Concession Five Sideline 16 Road Sideline 4 Road Road Described respectively as: A. That part of the road allowance between Lot 14, Range 2, Broken Front Con- cession, Ajax and Lot 15, Range 2, Broken Front Concession, Picketing; B. That part of the road allowance between Lot 16, Concession 4, Aiax, and Lot 17, Concession 4, Picketing; and C. That part of the road allowance between Concession 4, Ajax, and Concession 5, Picketing, adjacent to Lots $ to 16, both inclusive, Concession 5, Pickering. SCHEDULE B Those portions of the boundary highways for which Ajax shall have the obligation to maintain and keep in repair are: Highway From To 1. Church Street Durham Regional 200 metres south of Road No. 22 Durham Regional Road (Bayly Street) No. ?-2 (Bayly Street) 2. Notion Road King's Highway King's Highway No. 2 (Kingston No. 401 Road) Described respectively as: A. The north 200 metres of the road allowance between Lot 14, Range 3, Broken Front Concession, Ajax and Lot 15, Range 3, Broken Front Concession, Picker- ing; and B. That part being north of King's Highway No. 401 of the road allowance between Lot 16. Concession 1, Ajax and Lot 17, Concession 1, Picketing.