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HomeMy WebLinkAboutBy-law 3098/89 THE CORPORATION OF THE TOWN OF PICKERING BY-LAW NO. 3098/89 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 Township of Uxbridge (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 Picketing and The Corporation of the Township of Uxbridge 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 ~rt~Z~rs, Mayor aylor,/Cl~rk THE CORPORATION OF THE TOWN OF PICKERING BY-LAW N'O. 3098/89 Being a by-law to authorize the execution of a Bouudary Road Maintenance Agreement between The Corporation of the Town of Pickering and The Corporation of the Township of Uxbridge (1989-1999) WHEREAS pursuant to section 268 of the Municipal Act, R.S.O. 1980, chapter 303, 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: 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 Township of Uxbridge 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)Furs, Mayor ~/Br~e' Taylor ,/'clerk Schedule A THIS AGREEMENT made as of January 2, 1989. BETWEEN : THE CORPORATION OF THE TOWN OF PICKERING herein called "Picketing" -' and - THE CORPORATION OF THE TOWNSHIP OF UXBRIDGE herein called "Uxbridge~ 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 Pickering-Uxbridge Townline Road forms part of the boundary between Picketing and Uxbridge; 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 Uxbridge agree as follows: 1. In this Agreement, (a) "Municipality" means either Picketing or Uxbridge, as the case may be. During the term hereof, Picketing shall maintain and keep in repair that portion of highway described in Schedule A for its whole width and shah save Uxbridge harm]ess from any loss or damage arising from the want of repair of such portions. 3. During the term hereof, Uxbridge shall maintain and keep in repair that portion of highway described in Schedule B for its whole width and shall save Picketing harmless from any loss or damage arising from the want of repair of such portion, .. 4. (1) tf either municipality, or any board or commission thereof, wishes to install or repair any municipal services on the portion of the highways for which the other municipality 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 municipality 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 o£ the restoration or replacement, reimburse the other municipality for any repair work required on the portion restored or replaced. (2) Despite subsection (1) 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. 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 (2) and (3). (2) Either municipality may terminate this Agreement prior to 00:01 hours on January 1, 1999, upon giving written notice to the Clerk of the other municipality at least twelve months prior to the proposed date of termina- tion. (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. (2) 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 Uxbridge 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 TOWNSHIP OF UXBRIDGE Mayor Clerk SCHEDULE A The portions of the boundary highway for which Pickering shall have the obligation to maintain and keep in repair are: 1. That part of the road allowance between the Town of Picketing and the Town- ship of Uxbridge adiacent to Lots 26 to 3S, both inclusive, Concession Picketing; 2. The west 320 metres of that part of that road allowance adjacent to Lot 4, Concession 9, Picketing; and The east 960 metres of that part of that road allowance adjacent to Lots A and 1, Concession 9, Picketing. SCHEDULE B The portion of the boundary highway for which Uxbridge 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 Town- ship of Uxbridge adjacent to Lots 11 to 25, both inclusive, Concession 9, Picketing.