THE CORPORATION OF THE TOWN OF PENETANGUISHENE

Transcription

1 THE CORPORATION OF THE TOWN OF PENETANGUISHENE BY-LAW NUMBER Being a By-law to Authorize the Entering into of an Agreement with the Corporation of the Town of Midland for the Maintenance of Boundary Roads and to Repeal By-laws and WHEREAS pursuant to section 9 of the Municipal Act, 2001 S.O. 2001, chapter 25 a municipality has the capacity, rights, powers and privileges of a natural person for the purpose of exercising its authority under this or any other Act; AND WHEREAS pursuant to section 8. (1) of the Municipal Act, 2001 S.O. 2001, chapter 25 the powers of a municipality under this or any other Act shall be interpreted broadly so as to confer broad authority on the municipality to enable the municipality to govern its affairs as it considers appropriate to enhance the municipality s ability to respond to municipal issues; AND WHEREAS the roads hereinafter described in Schedule A of the agreement attached hereto and forming part of this By-law, touch on the boundary of each Corporation and both parties have agreed that the said roads shall be deemed to be boundary roads within the meaning of the Municipal Act, 2001 S.O. 2001, chapter 25; AND WHEREAS pursuant to section 20. (1) of the Municipal Act, 2001 S.O. 2001, chapter 25 a municipality may enter into an agreement with one or more municipalities or local bodies, as defined in section 19, or a combination of both to jointly provide, for their joint benefit, any matter which all of them have the power to provide within their own boundaries; AND WHEREAS pursuant to section 27. (1) and 27. (2) of the Municipal Act, 2001 S.O. 2001, chapter 25, except as otherwise provided in this Act, a municipality may pass by-laws in respect of a highway only if it has jurisdiction over the highway and if a highway is under the joint jurisdiction of two or more municipalities, a by-law in respect of the highway must be passed by all of the municipalities having jurisdiction over the highway; AND WHEREAS Section 29 (1) of the Municipal Act, 2001 S.O. 2001, chapter 25 states if municipalities having joint jurisdiction over a boundary line highway enter into an agreement under which each municipality agrees to keep any part of the highway in repair for its whole width and to indemnify the other municipality from any loss or damage arising from the lack of repair for that part, the agreement and a copy of the by-law authorizing the agreement may be registered in the proper land registry office for the area in which the highway is located; AND WHEREAS Section 29 (2) of the Municipal Act, 2001 S.O. 2001, chapter 25 further states if municipalities enter into an agreement under subsection (1), each municipality has

2 jurisdiction over that part of the highway that it has agreed to keep in repair and is liable for any damages that arise from failure to keep the highway in repair and the other municipality is relieved from all liability in respect of the repair of that part; AND WHEREAS said agreement as outlined in Section 29 of the Municipal Act, 2001 S.O. 2001, chapter 25 has been in place between both parties since 1998 and has recently been reviewed and updated; AND WHEREAS both parties hereto are desirous of continuing with such an agreement; NOW THEREFORE the Council of the Town of Penetanguishene hereby enacts as follows: 1. That the Mayor and Clerk be authorized to execute an Agreement between The Corporation of The Town of Penetanguishene and The Corporation of The Town of Midland for the maintenance of boundary roads, said Agreement attached hereto and forming part of this By-law as Schedule A. 2. That the CAO/Town Clerk is hereby authorized to make minor alterations to the Agreement prior to signature by the Mayor and Clerk that do not substantially change its content. 3. That this By-law shall come in to force an effect on passing. BY-LAW read a first, second and third time and finally passed by Council on the 26 th day of March, MAYOR Gerry Marshall CAO/TOWN CLERK Holly Bryce

3 CENTRE STREET Legend SHANAHAN ROAD POYNTZ STREET WATER STREET NETTLETON DRIVE ROBERT STREET WEST Municipal Boundary GIGNAC DRIVE ST AMANT ROAD OWEN STREET MAIN STREET MURRAY ROAD MARIA STREET HARRIET STREET MARCHAND DRIVE ANNE STREET JAMES STREET LUCY STREET EDWARD STREET ROBERT STREET EAST SULKY DRIVE GAUTHIER DRIVE THOMPSONS ROAD BRUNELLE SIDEROAD LAURIER ROAD TAY POINT ROAD Fuller Ave 50/50% Ownership - 771m MIDLAND POINT ROAD Murray Rd 100% Penetanguishene Ownership - 273m Brunelle Sideroad 50/50% Ownership m FULLER AVENUE GAWLEY DRIVE COUNTY ROAD 93 Murray Rd 50/50% Ownership - 297m VINDIN STREET FRONTENAC AVENUE SARAH BURKE WAY EVERTON ROAD MARCELLUS DRIVE VILLA DRIVE HARBOURVIEW DRIVE BAYPORT BOULEVARD 1:15, Meters Page 1 of 2 ² Penetanguish ene - Midlan d Bo undary A greement Schedu le 'D' prepared 3/19/2014 by: gis@pw.penetanguishene.ca This map, either in whole or in part, may not be reproduced without the written authority from the Town of Penetanguishene, Copyright Town of Penetanguishene Land Information Network Cooperative - LIN C 2011 Produced (in part) under license from: the Ontario Ministry of Natural Resources (C opyright - Queens Printer 2011). Teranet Enterprises Inc. and its suppliers all rights reserved, and Members of the Ontario Geospatial Data Exchange.TH IS IS N OT A PLAN OF SURVEY.

4 WOZNIAK ROAD MCARTHUR DRIVE FULLER AVENUE ALVIN WILLIAMS ROAD Legend ZOSCHKE DRIVE Municipal Boundary POLISH AVENUE TAY POINT ROAD CURRY ROAD Curry Rd 100% Penetanguishene Ownership - 615m SIMPRESCA ROAD Fuller Ave 50/50% Ownership - 771m GAWLEY DRIVE GLENBROOK DRIVE MIDLAND POINT ROAD PUDDICOMBE ROAD MUNDYS BAY ROAD PHEASANT LANE Simpresca Rd 50/50% Ownership 1253m Curry Rd 100% Midland Ownership m LAKEWOOD DRIVE ISLANDVIEW LANE 1:15, Meters Page 2 of 2 ² Penetanguish ene - Midlan d Bo undary A greement Schedu le 'D' prepared 3/19/2014 by: gis@pw.penetanguishene.ca This map, either in whole or in part, may not be reproduced without the written authority from the Town of Penetanguishene, Copyright Town of Penetanguishene Land Information Network Cooperative - LIN C 2011 Produced (in part) under license from: the Ontario Ministry of Natural Resources (C opyright - Queens Printer 2011). Teranet Enterprises Inc. and its suppliers all rights reserved, and Members of the Ontario Geospatial Data Exchange.TH IS IS N OT A PLAN OF SURVEY.

5 Schedule A to By-law Being a By-law to Authorize the Entering into of an Agreement with the Corporation of the Town of Midland for the Maintenance of Boundary Roads This agreement made this day of, BETWEEN The Corporation of the Town of Midland Hereinafter called Town of Midland OF THE FIRST PART AND The Corporation of the Town of Penetanguishene Hereinafter called Town of Penetanguishene OF THE SECOND PART WHEREAS the roads hereinafter described in Schedule A attached hereto and forming part of this By-law, touch on the boundary of each Corporation and both parties have agreed that the said roads shall be deemed to be boundary roads within the meaning of the Municipal Act, 2001 S.O. 2001, chapter 25; AND WHEREAS Section 29 (1) of the Municipal Act, 2001 S.O. 2001, chapter 25 states if municipalities having joint jurisdiction over a boundary line highway enter into an agreement under which each municipality agrees to keep any part of the highway in repair for its whole width and to indemnify the other municipality from any loss or damage arising from the lack of repair for that part, the agreement and a copy of the by-law authorizing the agreement may be registered in the proper land registry office for the area in which the highway is located; AND WHEREAS Section 29 (2) of the Municipal Act, 2001 S.O. 2001, chapter 25 further states if municipalities enter into an agreement under subsection (1), each municipality has jurisdiction over that part of the highway that it has agreed to keep in repair and is liable for any damages that arise from failure to keep the highway in repair and the other municipality is relieved from all liability in respect of the repair of that part; AND WHEREAS said agreement as outlined in Section 29 of the Municipal Act, 2001 S.O. 2001, chapter 25 has been in place between both parties since 1998 and has recently been reviewed and updated;

6 AND WHEREAS both parties hereto are desirous of continuing with such an agreement; NOW THEREFORE this agreement witnesseth that in consideration of the mutual covenants entered into herein and in other good and valid consideration: 1. The highways described in Schedule A attached hereto and forming part of this By-law, shall be deemed from henceforth hereon to be a boundary road pursuant to the Municipal Act, 2001 S.O. 2001, chapter 25 until the boundaries are changed by either an Order for Regional Government or Annexation. 2. Both Municipalities agree to be responsible for the winter maintenance of the sections of road as identified in Schedule B attached hereto and forming part of this By-law and that the roads shall be maintained as required under the provisions of the Municipal Act, 2001 S.O. 2001, chapter Both Municipalities agree to be responsible for the spring, fall and summer maintenance of the sections of road, ditches and boulevards as identified in Schedule B attached hereto and forming part of this By-law. 4. Both Municipalities agree that should capital expenditures be requires, that the same shall be shared equally and proportionally. Prior to proceeding with the capital expenditure, both Municipalities shall have an opportunity to review the proposed road improvement and capital expenditure programs. A tentative capital works program is identified in Schedule C attached hereto and forming part of this By-law. 5. Notwithstanding the provisions of section 4, should either municipality decide that capital expenditure is required on the road and an agreement cannot be reached with the other Municipality, then the Municipality wishing to proceed with the capital expenditure will give notice to the other municipality of the intention to proceed. The Municipality giving the notice o intention to proceed shall then proceed with the capital expenditure and the Municipality received the notice shall pay one-half the capital expenditure upon completion. The notice shall, however, be for a period of not less than one calendar year, commencing on the first day of January after giving of the notice. 6. Both Municipalities acknowledge and agree that it is their equal obligation to maintain the said boundary roads in good repair, and agree that the costs shall be shared equally. 7. Both Municipalities acknowledge that the liability for the said roads in regards to non-repair will be jointly and severally to third parties. 8. In witness whereof the parties hereto have therefore affixed their respective corporate seals attested by their respective affixed in that behalf duly authorized.

7 Signed sealed and delivered THE CORPORATION OF THE TOWN OF MIDLAND THE CORPORATION OF THE TOWN OF PENETANGUISHENE MAYOR CLERK MAYOR CLERK

8 Roads Included within this Agreement Schedule A Description of Roads Road From To Curry Road Tay Point Road Midland Point Road Simpressca Road Curry Road 1280 metres easterly Brunelle Sideroad Fuller Avenue Murray Road Fuller Avenue Tay Point Road Midland Point Road Murray Road Brunelle Sideroad South limit Length and Ownership of Roads Road Description (metres) Owner Percentage of Ownership Curry Road 1097 m Midland 100% Curry Road 615 m Penetanguishene 100% Murray Road 273 m Penetanguishene 100% Brunelle Sideroad 2179 m Midland/Penetanguishene 50/50% Fuller Avenue 771 m Midland/Penetanguishene 50/50% Simpressca Road 1253 m Midland/Penetanguishene 50/50% Murray Road 297 m Midland/Penetanguishene 50/50% See attached Schedule D for Plan of Boundary Roads indicating Road Sections.

9 Schedule B Timing and Description of Maintenances Winter Maintenance 1. The winter maintenance season is deemed to commence on October 15 th of the year preceding the even numbered year and end on April 15 th of the year ending on an even number. 2. Maintenance includes, but shall not be limited to: a. Sign Maintenance; b. Snow ploughing; c. Salting, sanding; d. Snow removal as required and where applicable. 3. The Town of Penetanguishene agrees to provide winter maintenance on: a. Curry Road from Tay Point Road to Midland Point Road; b. Murray Road; c. Brunelle Sideroad from Murray Road to Fuller Avenue during years ending in an odd number. 4. The Town of Midland agrees to provide winter maintenance on: d. Fuller Avenue from midland Point Road to Tay Point Road; e. Brunelle Sideroad from Murray Road to Fuller Avenue during years ending in an even number. 5. No winter maintenance shall be carried out on Simpressca Road. Spring, Summer and Fall Maintenance 1. Maintenance includes, but shall not be limited to: a. Sign Maintenance b. Patching of asphalt and surface treated roads; c. Shouldering of hard surface roads; d. Grading, applying gravel and supplying dust suppressant; e. Pick up of roadside litter and garbage; f. Trimming and cutting of roadside brush, trees and grass; g. Ditching and culvert maintenance. 2. Roads receiving spring, summer and fall maintenance as outlined above shall include: a. Simpressca Road from Curry to the easterly limit; b. Brunelle Sideroad from Murray Road to Fuller Avenue; c. Fuller Avenue from Midland Point Road to Tay Point Road; d. Murray Road from Brunelle Sideroad to the southerly limits. 3. The Town of Midland agrees to provide spring, summer and fall maintenance during years ending in an even number.

10 4. The Town of Penetanguishene agrees to provide spring, summer and fall maintenance during years ending in an odd number.

11 Schedule C Capital Works Program This is a tentative capital works program for agreement in principle. The works shall be subject to sections 4 and 5 of the agreement. Gravel Roads Simpressca Road shall receive 50 mm to 100mm of gravel in each year ending in an even number. This work shall be carried out by the Town of Midland. The Town of Penetanguishene agrees to pay 50% of the cost of the gravel. Should both parties agree to surface treat the gravel roads, the costs shall be shared equally between the parties. Surface Treated Roads Curry Road and Brunelle Sideroad shall be redone or receive an additional application of surface treatment in the year 2015 and at 5 year intervals thereafter. Should both parties agree the costs shall be shared equally between the parties. Paved Roads Fuller Avenue shall receive 50 mm of Hot Mix Asphalt and associated works in the year 2019 and at 10 year intervals thereafter. Should both parties agree the costs shall be shared equally between the parties.

12 Schedule D Plan of Boundary Roads (maps to be inserted)