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HomeMy WebLinkAboutBy-law 972/797 9 3 q G7 t_l / 7 / THE CORPORATION OF THE TOWN OF PICKERING BY-LAW NO. 972/79 Being a by-law to authorize the execution of an Agreement between the Corporation of the Town of Pickering and the Corporation of the Borough of Scarborough respecting the maintenance and repair of the Pickering/ Scarborough Townline Road. 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 highway known as the Pickering/Scarbor- ough Townline Road forms part of the boundary between the Town of Pickering and the Borough of Scarborough; and WHEREAS, it is therefore deemed expedient to enter into an Agreement to provide for the maintenance and repair of that highway; 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 Borough of Scarborough respect- ing the maintenance and repair of the Pick- ering/Scarborough Townline Road. BY-LAW read a first, second and third time and finally passed this 19th day of March , 1979. SCHEDULE "A" to By-law 972/79 THIS AGREEMENT made in duplicate this day of , 197 BETWEEN: THE CORPORATION OF THE TOWN OF PICKERING (hereinafter called "Pickering") OF THE FIRST PART, - and - THE CORPORATION OF THE BOROUGH OF SCARBOROUGH (hereinafter called "Scarborough") 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 that highway known as the Scarborough Townline Road forms part of the boundary between Pickering and Scarborough; 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. (1) During the term hereof, Pickering shall main- tain and keep in repair at its sole expense, that portion of the Scarborough Townline Road described in Schedule "A" hereto, for its whole width and shall save Scarborough harm- less 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 above, includes the main- tenance and repair of the Canadian Pacific Rail- way crossing, except the rails, tees, rail-bed and any other appurtenances owned by the Cana- dian Pacific Railway, and includes the mainten- ance and repair of the signal lights and bills at that crossing. (3) Notwithstanding the provisions of subsections 1 and 2, above, maintenance and repair beyond the normal or usual maintenance and repair shall not be undertaken by Pickering without the spec- ific written approval of Scarborough unless such maintenance and repair is in the nature of an emergency. 2. (1) If either Party, or any board or commission thereof, wishes to install or repair any muni- cipal services on the portion of the said Road for which Pickering has the obligation to main- tain and repair pursuant to section 1, above, -2- then in that event, the Party that wishes to install or repair the services shall, (a) prior to the commencement of work, advise the other Party of the nature and extent of the work to be done, (b) arrange a mutually agreeable time- table for the performance of the work, (c) upon completion of the work, re- store or replace the highway into the same condition it was prior to the commencement of work, and (d) in the event that Scarborough per- forms the work, for a period of six (6) months after the completion of the restoration or replacement, reimburse Pickering for any repair work required on the portion restored or replaced. (2) Notwithstanding the provisions of clauses (a) and (b) of subsection (1), above, in the event of an emergency, either Party may repair municipal ser- vices without prior notice to the other, but shall notify the other Party as soon as practicable. 3. (1) The cost of the maintenance and repair provided by Pickering pursuant to section 1 hereof 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, Pickering shall invoice Scarborough 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, Pickering shall in- voice Scarborough for one-half of its cost in the preceding period of up to six months of the maintenance and repair provided by it pur- suant hereto. (4) The full amount of any invoice submitted pur- suant to this section shall be paid by Scar- borough 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. 4. (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 written notice to the Clerk of the other Party at least twelve (12) months prior to the proposed date of ter- mination. - 3 - (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. 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 Mayor THE CORPORATION OF THE BOROUGH OF SCARBOROUGH Mayor SCHEDULE "A" That portion of the Scarborough Townline Road for which Pickering shall have the obligation to maintain and keep in repair is: From Finch Avenue (Pickering/Scarborough) To Steeles Avenue (Scarborough/Markham) SCHEDULE "B" TOWN OF MARKHAM STEELSS AVENUE 0 BOROUGH OF SCARBOROUGH< 0 Ix 4 CON. 3 0 0 0 G w CON. 3 ROAD W z I z 3 0 H or CON. 2 z? w 00 TOWN OF PICKERING v ? FL 00. ti? of in 00, FINCH AVENUE 00 ti ro r H F, P•?t0 C 0 F- $ >c' O '.J H (D C)n x0 ?r•wrn WAro N P. rt 0 00K p ?:S N rt n ID z P. nOt7 r- aw O a G) G) M M z H H x t? n 0 z ro C O (n H ?o ?z OO xro O C H nx xx w O x O C O x a a. H x n 0 00 h7 10H H H nO xz tj7 ;d 0 H h] z G) H x r7 H O N 0 H x d