HomeMy WebLinkAboutBy-law 964/79
THE CORPORATION OF THE TOWN OF PICKERING
BY-LAW NO. 964/79
Being a by-law to authorize the execution
of an Agreement between the Corporation of
the Town of Pickering and the Corporation
of the Town of Ajax respecting the mainten-
ance and repair of the Pickering/Ajax
boundary roads.
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 highways known as Church Street (Frisco
Road), Sideline 16 Road and Concession Five Road form part
of the boundaries between the Town of Pickering and the Town
of Ajax; and
WHEREAS, it is therefore deemed expedient to enter
into an Agreement to provide for the maintenance and repair
of these highways;
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 Town of Ajax respecting the main-
tenance and repair of the Pickering/Ajax
boundary roads.
BY-LAW read a first, second and third time and finally passed
this 5th day of March , 1979.
? z
i
Mayor
J ?WN?UYYi
Clerk (Pro Temp e)
SCHEDULE "A" to By-Law 964/79
THIS AGREEMENT made in duplicate this day of , 197
BETWEEN:
THE CORPORATION OF THE TOWN OF PICKERING
(hereinafter called "Pickering")
- and -
OF THE FIRST PART,
THE CORPORATION OF THE TOWN OF AJAX
(hereinafter called Ajax")
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 certain portions of several highways form part of
the boundary between Pickering and Ajax;
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 those portions of highway described in
Schedule "A" hereto, for their whole width and shall
save Ajax harmless from any loss or damage arising
from the want of repair of such portions.
2. During the term hereof, Ajax shall maintain and keep
in repair, those portions of highway described in
Schedule "B" hereto, for their whole width and shall
save Pickering harmless from any loss or damage aris-
ing from the want of repair of such portions.
3. (1) If either Party, or any board or commission
thereof, wishes to install or repair any
municipal services on any portion of the
highways for which the other Party has the
obligation to maintain and repair pursuant
to section 1 or 2, above, then in that event,
the Party that wishes to install or repair
the services shall,
(a) prior to the commencement
advise the other Party of
and extent of the work to
(b) arrange a mutually agreea
table for the performance
work,
of work,
the nature
be done,
Dle time-
of the
- 2 -
(c) upon completion of the work,
restore or replace the high-
way into the same condition
it was prior to the commence-
ment 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 re-
placed.
(2) Notwithstanding the provisions of
and (b) of subsection (1), above,
of an emergency, either Party may
cipal services without prior noti
other, but shall notify the other
soon as practicable.
clauses (a)
in the event
repair muni-
::e to the
Party as
4. (1) The cost of the maintenance and repair provided
by each Party pursuant to sections 1 and 2 here-
of 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,
each Party shall invoice the other 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, each Party shall in-
voice 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
pursuant hereto.
(4) The full amount of any invoice submitted pur-
suant to this section shall be paid by the
Party invoiced 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.
5. (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 writ-
ten notice to the Clerk of the other Party at
least twelve (12) months prior to the proposed
date of termination.
(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.
- 3 -
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
r
THE CORPORATION OF THE TOWN OF AJAX
Mayor
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
(also known as Road
Frisco Road)
2. Sideline 16 Road
Durham Regional
Road No. 4
Concession Five
Road
3. Concession Five Road Sideline 16 Road Sideline 4 Road
SCHEDULE "B"
1.
2.
Those portions of the boundary highways for which Ajax shall have
the obligation to maintain and keep in repair are:
Hi
From
To
Church Street
Notion Road
Durham Regional
Road No. 22
(Bayly Street)
King's Highway
No. 2 (Kingston
Road)
200 metres south
of Durham Regional
Road No. 22
(Bayly Street)
King's Highway
No. 401
SCHEDULE "C"
0 0
O O
z z
v '
a
v
$ SIDEL E 16 _
00
°z
O d.
/
o /
v /
GREENWOOD RD.
WESTNEY RDA I REGION RD. 31
-i
0
o ? z
z n O
0
p z -v
? x
n o m
c. n m
n
x v
?
SALEM RD.
SIDELINE 4
i
?I
SCHEDULE "C"
1
KINGSTON ROAD
O
Oi
TOWN OF PICKERING ci
CON. I z
Oi
LOT 17 p'
z!
4
I&
TOWN OF AJAX
BONA D CARTIE*' FREF w-"
S.F. RG. 3
MONTGOMERY PARK
s{
v
RD..
TOWN OF PICKERING
B. F RG. 2
LOT 15
'ONMAR4 ROAD
o?
a;
00
01
m?
O
v
N
a
U.
N
TOWN OF AJAX
LAKE ONTARIO
t"ro rH
HF- moo
Cn H$
7 o p
rm
,jnxo
,j wr- rn
p z
wwro
m r-
oox
?d(D
fi n
a 0 r•
noQ
r-aw
o a
c?
z
H
H
x
()
O
ro
0
o?
? H
?o
ro
H
x
H
O
0
'T1
i
ro
? n
Q. ?
i x
H
G1
H
x
ro
n
O
0
H
0
z
0
ro
H
x
H
O
5
d
H
t=i
d