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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