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2007-112 To Authorize the Mayor and Clerk to Sign a Boundary Road Agreement with the Township of SpringwaterTHE CORPORATION Ui~: i ~tE TOWNSHIP OF ORO-MEDONTE w BY-LAW NO. 2007-112 A By-law to Authorize the Mayor and Clerk to Sign a Boundary Road Agreement with the Township of Springwater WHEREAS Section 11(3) of the Municipal Act, 2001, S.O. 2001, c.25, as amended, provides that a lower tier municipality and an upper tier municipality may pass by-laws subject to the rules set out in Subsection (4) respecting matters within the sphere of jurisdiction relating to highways, including parking and traffic on highways. AND WHEREAS Section 20(1) of the Municipal Act, 2001, S.O. 2001, c.25, as amended, provides that 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 Subsection 29.1(1) of the Municipal Act, 2001, S.O. 2001, c.25, as amended, provides that 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 Subsection 29.1(2) of the Municipal Act, 2001, S.O. 2001, c. 25, as amended, provides that 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 other municipality is relieved from all liability in respect of the repair of that part. AND WHEREAS Ontario Regulation No. 239/02 made pursuant to the Municipal Act has set Minimum Maintenance Standards for Municipal Highways. AND WHEREAS the Township of Oro-Medonte and Township of Springwater are adjoining municipalities with a boundary line highway. AND WHEREAS the Council of the Corporation of the Township of Oro-Medonte deems it necessary and expedient to enter into a Boundary Road Agreement and Road Beyond Boundary Agreement with the Township of Springwater. NOW THEREFORE the Council of the Township of Oro-Medonte hereby enacts as follows: THAT the Mayor and Clerk be authorized to execute the Agreement attached hereto as Schedule "A" and forming part of this By-Law. 2. THAT this by-law shall take effect on the final passing thereof. BY-LAW READ A FIRST AND SECOND TIME THIS 10T" DAY OF OCTOBER, 2007. BY-LAW READ A THIRD TIME AND FINALLY PASSED THIS 10T" DAY OF OCTOBER, 2007. THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE e~Yc, J. Dougla~~win Schedule "A" to By-law 2007-090 BOUNDARY LINE HIGHWAY AGREEMENT 10th October Dated as of the day of , 2007. BETWEEN: THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE (hereinafter called "Oro-Medonte.") Of the First Part; And THE CORPORATION OF THE TOWNSHIP OF SPRINGWATER (hereinafter called "Springwater'") Of the Second Part; Oro-Medonte and Springwater are hereinafter collectively called the "Parties" Schedule "A" Township of Oro-Medonte 2007-112 WHEREAS Section 8 of the Municipal Act, S.O. 2001 as amended provides that 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 (hereinafter the "Act"); AND WHEREAS Section 20(1) of the Act provides that a municipality may enter into an agreement with one or more municipalities or local bodies as defined in Section 19 of the Act, 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 Section 29 of the Municipal Act, 2001, SO. 2001, c. 25 the "Municipal Act" provides, inter alia, that municipalities having joint jurisdiction over a boundary line highway may enter into an agreement by 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; AND WHEREAS Ontario Regulation 239/02 made pursuant to the Municipal Act has set Minimum Maintenance Standards for Municipal Highways to which the highways covered by this Agreement are to be maintained; AND WHEREAS those highways described in Schedule "A" to this Agreement touch upon the boundary limits of the Parties hereto and each has agreed that they shall be maintained in accordance with the Minimum Maintenance Standards for Municipal Highways by the Parties in accordance with the designation of responsibility for maintenance and repair as allocated in Schedule "A"; NOW THEREFORE in consideration of the covenants herein contained, and other good and valuable consideration, the Parties hereto covenant and agree as follows: 2. 3. The Parties hereto acknowledge and declare that the foregoing recitals are true and incorporate them as terms of this Agreement. In this Agreement the following terms shall have the meanings set out below, unless otherwise internally redefined or the subject mailer or context requires another meaning to be ascribed: a) "boundary road" means a road allowance between the Township of Springwater and the Township of Oro-Medonte and/or boundary line highways for the purpose of Section 29 of the Municipal Act. a) "winter maintenance" means all usual snowplowing, application of sand and/or salt mixture, sign maintenance, snow removal where necessary, and other normal winter maintenance; b) "winter maintenance period" means the period from November 15'" to April 30th in each year; c) "summer maintenance" means all usual summer maintenance including sign maintenance; d) "summer maintenance period' means the period from May 1st to November 14`" in each year. The parties acknowledge and agree that the roads or sections of roads more particularly described in Schedule "A" attached hereto are accepted as and deemed to be a Boundary road. 4. Each party agrees to be responsible for capital expenditures incurred for the portion of the boundary line highway that the parties have agreed to maintain pursuant to Schedule "A" of the Agreement. Notwithstanding the foregoing, the parties agree to share equally capital expenditures for culverts over 600mm or expenditures for bridge repairs provided that each party has reviewed and approved such expenditures prior to the commencement of work. 5. Each of the Parties shall perform winter and summer maintenance of the highways that they have agreed to maintain pursuant to this Agreement in accordance with the requirements of the Minimum Maintenance Standards for Municipal Highways imposed to By-Law by Ontario Regulation 239/02 and as more particularly specified for the class or road identified in Schedule "A". 6. Capital expenditures and winter and summer maintenance of the boundary road portion of the highways covered pursuant to this Agreement shall be as agreed upon between the Parties from time to time and failing such agreement issues relating to such capital expenditures and winter and summer maintenance shall be arbitrated pursuant to the provisions of the Municipal Arbitrations Act, R.S 0. 1990, cM 48, as amended. For greater certainty, it is acknowledged and agreed that neither Oro-Medonte nor Springwater assumes any extraordinary or additional liability in respect of capital maintenance of the boundary road portion of the highways covered pursuant to this Agreement. The Parties acknowledge and agree that, upon execution of this Agreement, the Parties shall have jurisdiction over those portions of the boundary roads as more particularly set out in Schedule "A' and shall maintain and repair the highways in accordance with the winter maintenance and summer maintenance obligations assigned therein. The party to which such jurisdiction .has been assigned shall be liable for any damages that arise from failure to keep the highway in repair and, to the extent that such obligations have been assigned in accordance with this Agreement, the other municipality shall be relieved from all liability in respect of the repair. 8. Each party hereby indemnifies and saves harmless the other party from and against all liability, losses, damages or costs whatsoever which may arise either directly or indirectly by reason of any act, neglect or refusal of such party, its servants, employees contractors and agents done in performance or partial performance or the failure to perform and carry out any obligation imposed or assumed pursuant to this Agreement. 9. The Parties to this Agreement confirm that they shall each maintain a suitable policy of general municipal liability insurance sufficient to cover liabilities that may arise in connection with the maintenance and repair obligations imposed and assumed pursuant to this Agreement all in accordance with good municipal practice. 10. In the event that either party receives a Statement of Claim, notice of claim or other information regarding a pending or possible claim by a third party with respect to liability for failure to keep the highway in repair or for damages or injuries sustained relating thereto, such party shall immediately notify the other party in writing of such claim or notice of claim. In the event that a legal proceeding is commenced by a third pasty, each of the parties to this Agreement shall provide for its own legal representation as it sees fit. 11. The term of this Agreement shall be year to year, that is from December 1, 2007 to November 30, 2008 and annually thereafter, provided that, either of the Parties may advise the other in writing within the sixty 60 day period immediately following the 30th day of April in any year that it has elected to unilaterally terminate this Agreement at which time this Agreement shall be deemed to be at an end save and except for any liability and insurance obligations that may have arisen through events that occurred prior to the date of termination. 12. Each of the Parties agrees to sign such further and other documents, do and perform and cause to be done and performed such further and other acts and things as may be necessary or desirable in order to give full effect to this Agreement and every part hereof. 13. If any of the provisions of this Agreement are found by a Court of competent jurisdiction to be unenforceable it shall not affect the enforceability of each and every other clause contained herein. 14. This Agreement is made pursuant to and shall be governed by and construed in accordance with the laws of the Province of Ontario and shall be treated in all respects as an Ontario contract. 15. Notwithstanding any other provisions of this agreement, the parties acknowledge that: a) Summer maintenance constitutes the operations of grading, gravel resurfacing, patching, hard top, resurfacing, signage, grass cutting, brushing, ditching, shouldering, dust control and all other operations required to maintain the road section to a generally accepted Ministry of Transportation level of service. b) Winter maintenance constitutes the operations of plowing, sanding, iceblading, culvert thawing, ditch clearing and all other operations required to maintain the road section to a generally accepted Ministry of Transportation level bf service. IN WITNESS WHEREOF the Parties by their signing officers duly authorized in that regard have hereunto affixed their hands and seals of the said corporations. THE CORPORATION OF ORO-MEDONTE ,, r Per: ~~~~ Harry Hug es-~Ma or Per: Doug Irwi Clerk We have authority to d the Corporation. THE CORPORATION OF THE TOWN,~Hf OFSPRINGWATER .~~c-9'.,,~ rer: ~; Tony Guergis May r Per: _ ~ Carey d er - CI ,r We have authority t b d the Corporation. SCHEDULE "A" to By-law 2007-090 TO THE BOUNDARY LINE HIGHWAY AGREEMENT BETWEEN THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE AND THE CORPORATION OF THE TOWNSHIP OF SPRINGWATER Road Allowance Between the Township of Oro-Medonte and the Township of Springwater In accordance with O. Regulation 239/02 Class 4 requirements: The Township of Springwater will maintain the original road allowance between the former Township of Medonte Concession 1 and Concession 2 EPR known now as Scarlett Line extending from the north limit of Lot 74 Concession 1 EPR south to 100 m north of the south limit of Lot 66 Concession 1 EPR known as Scarlett Line year round. The Township of Springwater will maintain the original road allowance between the former Township of Medonte Concession 1 and Concession 2 EPR known now as Scarlett Line extending from the south limit of lot 56 Concession 1 EPR 100 metres south year round. The Township of Oro-Medonte will maintain from 100 metres north of Whetham Sideroad being the south limit of Lot 66 Concession 1 EPR, to the southerly limit of lot 56 Concession 1 EPR, being Mount St. Louis Road, known as Scarlett Line year round. The Township of Springwater will maintain the road allowance within Lot 50 of the former Township of Medonte Concession 1 and Concession 2 EPR extending from King's Highway 93 to Line 2 north within the Township of Oro-Medonte known as Cassel Drive the entire section as required for a total of approximately 3.5 km from April 15th to November 14th. The Township of Oro-Medonte will maintain the entire section as required for an approximate total length of 3.5 km from November 15th to April 14th.