Loading...
HomeMy WebLinkAboutBy-law 3097/89 THE CORPORATION OF THE TOWN OF PICKERING BY-LAW NO. 3097/89 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 City of Scarborough (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 municipal- ities; 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 City of Scarborough, being a Boundary Road Maintenance Agreement for the period 1989 01 02 to 1999 01 BY-LAW read a first, second and third time and finally passed this 17th day of April, 1989. Wayne A~'f~urs, Mayor TOWN OF PICKERING APPROVED, TO FOi),M LEGAL THE CORPORATION OF THE TOWN OF PICKERING BY-LAW NO. 3097f89 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 City of Scarborough (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 municipal- itie~; 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 Picketing and The Corporation of the City of Scarborough, 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 A~hurs, Mayor :°wN oF P CKER APPROVED AS TO FORN LEGAL ..... I DEP'i. Schedule A THIS AGREEMENT made as of January 2, 1989. BETWEEN: THE CORPORATION OF THE TOWN OF PICKERING herein called "Pickering" THE CORPORATION OF THE CITY OF SCARBOROUGH herein called "Scarborough" WHEREAS, pursuant to section 268 of the Municipal Act, R.S.O. 1980, c.30Z, 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 that highway known as the Scarborough-Pickering Townline Road forms part of the boundary between Picketing and Scarborough; NOW THEREFORE THIS AGREEMENT WITNESSETH THAT, in consideration of the mutual covenants and agreements herein contained, and subject to the terms and conditions hereinafter set out, Picketing and Scarborough agree as follows: i. In this Agreement, (a) "Municipality" means either Picketing or Scarborough, as the case may be. 2. (1) During the term hereof, Picketing shall maintain and keep in repair that portion of highway described in Schedule A for its whole width and shall save Scarborough harmless 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) in- cludes the maintenance and repair of the Canadian Pacific Railway cross- ing, except the rails, tees, rail-bed and any other appurtenances owned by the Canadian Pacific Railway, and includes the maintenance and repair of the signal lights and bells at that crossing. (3) Despite the provisions of subsections (1) and (2), maintenance and repair beyond the normal or usual maintenance and repair shall not be undertak- en by Picketing without the specific written approval of Scarborough unless such maintenance and repair is in the nature of an emergency. 3. (1) If either municipality, or any board or commission thereof, wishes to install or repair any municipal services on the portion of the highway for which Picketing has the obligation to maintain and repair hereunder, then the municipality 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) if Scarborough performs the work, for a period of six months after the completion of the restoration or replacement, reimburse Picketing, for any repair work required on the portion restored or replaced. (2) Despite subsection (I) in the event of an emergency, either municipality may repair municipal services without prior notice to the other, but shall notify the other as soon as practicable. 4. (1) The cost of the maintenance and repair provided by Picketing pursuant to section 2 shall be shared equally by both municipalities. (2) On 3anuary 15th and 3uly 15th in each year of the term hereof, excluding ffanuary 1Sth, 1989, Picketing shall invoice Scarborough 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, Picketing shall invoice Scarborough for one-half of its cost in the preced- ing 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 Scarborough within 15 days of the date of the invoice or pay a penalty in the amount of 1~ per cent per month, calculated from the date of the invoice to the date of payment. 5. (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 (3) 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 munic- ipality 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 municipality's Clerk at the other municipal- ity's offices. 6. (1) Schedules A and B hereto shall form part of this Agreement. (a) This Agreement shall be binding upon and enure to the benefit of each of the municipalities and their respective successors. IN WITNESS WHEREOF Picketing and Scarborough have hereunto affixed their respec- tive 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 CITY OF SCARBOROUGH Mayor Clerk SCHEDULE A The portion of the boundary highway for which Picketing shall have the obligation to maintain and keep in repair is: 1. That part of the road allowance between the Town of Picketing and the City of Scarborough adiacent to Lot 35, Concession 2, Picketing, and the south 915 metres of Lot 35, Concession 3, Picketing,