1998-054 To Authorize the entering into a Boundary Road Agreement with the City of Orillia
"
CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE
BY-LAW NO. 98-54
.
Being a By-law to authorize the entering into a Boundary Road Agreement with the City of
o rilIia
WHEREAS Section 271 of the Municipal Act, R.S.O., chapter MAS, as amended, provides the
authority for adjoining municipalities to enter into agreements for maintenance and repair of
highways;
AND WHEREAS the City ofOrillia and the Township ofOro-Medonte have boundary roads;
NOW THEREFORE the Municipal council of The Corporation of the Township ofOro-
Medonte enacts as follows:
1. That an agreement be entered into with the City of Orillia in accordance with the words
and terms set out in the attached agreement noted as Schedule "A".
2. That the Mayor and Clerk are hereby authorized to execute the said agreement on behalf
ofthe Corporation and affix thereto the Corporate Seal.
3. That this By-law shall come into force and take effect on the filial passing thereof.
Read a first and second time this 3rd day of June, 1998.
Read a third time and finally passed this 3rd day of June, 1998.
THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE
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MAYOR, IAN BEARD
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CLERK, LYNDA AIKEN
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.
SCHEDULE
MEMORANDUM OF AGREEMENT made in duplicate this
day of
1998.
BETWEEN:
THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE
(herein after called the Township ofOro-Medonte)
- and-
THE CORPORATION OF THE CITY OF ORILLIA
(herein after called the City of Orillia)
WHEREAS the Township of Oro-Medonte and the City of Orillia desire to enter into an Agreement for the
maintenance of certain public highways on or near the boundary between the two municipalities;
NOW THEREFORE the Township of Oro-Medonte and the City of Orillia do hereby mutually covenant and
agree as follows:
1. Area Schedule and Reuuired Maintenance ResDonsibilities
(1) CITY OF ORILLIA
a) Road Allowance known as Harvie Settlement Road
FROM: Highway #12
TO: Bass Lake Sideroad for Summer and
Winter Maintenance
b) Road Allowance known as Bass Lake Sideroad
FROM: Harvie Settlement Road
TO: 15th Line for Summer and Winter
Maintenance
c) Shelswell Crescent. Plan M264
FROM: 15th Line
TO: West End for Winter Maintenance
(2) TOWNSHIP OF ORO-MEDONTE
a) Road Allowance known as Woodland Drive
FROM: Memorial Avenue
TO: South Half Limit Lot 14 for Summer
and Winter Maintenance
2. DescriDtion of Maintenance Works
Notwithstanding the 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 of service.
3.
Authoritv
The parties of the Agreement agree that the respective Municipality responsible for the summer
maintenance operations shall be responsible to authorize and execute all entrance pennits, utility
encroachments and any other encroachments for the portion of highway exclusively for its area of
jurisdiction.
.
.
4. Hi2hwav Construction
a) Nothing in this Agreement shall confer an obligation upon either Municipality for construction or
reconstruction of a Provincial or County Highway.
b) Boundary Road Construction.
Nothing in this agreement shall confer an obligation upon either municipality for construction or
reconstruction of a Boundary Road, unless agreed to by both parties and giving either party a minimum of
one (I) year written notice. Said notice shall commence on the first day of January after receipt of such
notice.
5.
Liabilities
The parties of this Agreement hereto, covenant and agree with the other, on behalf of themselves, their
successors and assigns, to indemnify and save hannless the other party, its servants, agents and those for
whom it is in law responsible, from and against any and all actions, suits, claims and demands whatsoever
which may arise either directly or indirectly by reason of any work perfonned by the other party or on its
behalf in connection with the canying out of the provisions of this agreement.
6. Brid2e Maintenance/Construction
The Parties of this Agreement agree to share the cost SO/50 for any culvert and bridge maintenance or
construction over 600 mm in size. Work to be perfonned by the Municipality who has jurisdiction of that
area.
Nothing in this agreement shall confer an obligation upon either municipality for any bridge and/or
culvert maintenance or construction over 600 mm in size, unless agreed upon by both parties and giving
either party a minimum of one (I) year written notice, will notify the other municipality immediately of
need of maintenance or construction work. The parties of this agreement agree to share the cost SO/50
and work is to be perfonned by the municipality that has jurisdiction of that area.
7. Tenn of A2leement
This Agreement shall continue for a period of one year. and thence from year to year thereafter, unless
Notice of Tennination is served by either party upon the other, three (3) months prior to the Anniversary
date, and in any event, for a tenn not to exceed ten (10) years as required by the Municipal Act.
8. Re2istration of A2leement
This agreement shall be executed upon approval by By-law, and as authorized by the respective
Municipalities. The Township of Oro-Medonte shall be responsible for ensuring that the by-laws and the
said agreement are registered in the Land Registry Office for the County of Simcoe, as required for within
the Municipal Act. Any costs associated to same shall be borne by the Township of Oro-Medonte.
SIGNED, SEALED AND DELIVERED IN THE PRESENCE OF:
THE CORPPORATION OF THE CITY OF ORILLIA
MAYOR
CITY OF ORILLIA
CLERK
CITY OF ORILLIA
THE CORPORATION OF THE TOWNSHIP OF
ORO-MEDONTE
MAYOR
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TOWNSHIP OF ORO-MEDONTE
CLERK
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TOWNSHIP OF ORO-MEDONTE
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eYE &. OURHAM CO, INC.-Form No. 9as
Amended NOY. 1992
Document General
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Form 4 - Land Registration Reform Act
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(1) Registry 0
(3) Property
Identlller(s)
Land Titles 0
(2) Page 1 01
pages
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(4) Nature of Document
BY-LAW
PURSUANT TO SECTION 271 OF THE ~1UNICIPAL ACT
(5) Consideration
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(6) Description
Dollars $0.00--
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Schedule
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(7) This
Document
Contains:
(a) Redescription
New Easement
Plan/Sketch
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(b) Schedule lor:
Description 0
Additional
Parties 0 Other EI
(8) This Document provides as follows:
1. See By-Law Number 98-54 of THE CORPORATION OF TIfE TO\1NSHIP OF ORO-MEDONTE,
attached hereto.
2. See By-Law Number 1998-75 of TIlE CORPORl\TION or' THE CITY OF ORILLIA,
attached hereto.
Continued on Schedule fXJ
(9) This Document relates to Instrument number(s)
(10) Party(les) (Set out Status or Interest)
Name(s)
TIlE CORPORATION OF THE
TIlE CORPORATION OF THE
Signature(s)
TO,jNSHIP OF ORO-MEOONTE
CI'I'Y OF ORILLIA
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Date of Signatur~
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by their Solicitors,
RUSSELL, CHRISTIE, f1ILLER, KOUGHAN
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.,.,. ..,.......,
(11) Address (Oro-Medonte)
for Service
Orillia
(12) Party(ies) (Set out Status or Interest)
Name(s)
P.O. Box 100, Ora, Ontario. LOL 2XO
P.O. Box 15[; Orillia, Ontario. L3V 6Jl
Signature(s)
Date of Signature
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(13) Address
for Service
(14) Municipal Address of Property
(15) Document Prepared by:
N/A
uOUGLAS S. CHRISTIE
RUSSEll, CHRISTIE. MillER, KOUGHAN
BARRISTERS & SOLICITORS
BOX 158. 505 MEMORIAL AVENUE
OIlILLlA, ONTARIO l3V 6J3
(705) 325.1326 FAX (705) 327-1811
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CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE
BY-LAW NO. 98-54
Being a By-law to authorize the entering into a Boundary Road Agreement with the City of
Orillia
WHEREAS Section 271 of the Municipal Act, R.S.O., chapter MAS, as amended, provides the
authority for adjoining municipalities to enter into agreements for maintenance and repair of
highways;
AND WHEREAS the City ofOrillia and the Township ofOro-Medonte have boundary roads;
NOW THEREFORE the Municipal council of The Corporation of the Township ofOro-
Medonte enacts as follows:
1. That an agreement be entered into with the City of Orillia in accordance with the words
and tenns set out in the attached agreement noted as Schedule "A".
2. That the Mayor and Clerk are hereby authorized to execute the said agreement on behalf
of the Corporation and affix thereto the Corporate Seal.
3. That this By-law shall come into force and take effect on the final passing thereof.
Read a first aud second time this 3'd day of June, 1998.
Read a third time and finally passed this 3'd day of June, 1998.
THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE
/
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MA YOR, IAN BEARD
.7'" ~ t~ /f~
CLERK, LYNDA AIKEN
I, Lynda Aiker. Clerk of the
Corporation of tt" Township of
Oro-Medonla do hereby certify under
my hand and the corp )fate seal that th,
foregoing is a true and ,orrect copy o!
n - '" q. ,''-1
51j _((,-w. /UO. I t''('''-:;) .
Whic~.wa.s duly passed in CQuncll n'
:l"-~-~"~- ?,/'f"iY..
Dated" J~~ /I/I:/'f-,
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SCHEDULE "A"
MEMORANDUM OF AGREEMENT made in duplicate this J~.1 day of :3" '"'- ~ ~ 1998.
BETWEEN:
THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE
(herein after called the Township of Oro-Medonte)
- and-
THE CORPORATION OF THE CITY OF ORILLIA
(herein after called the City of Orillia)
WHEREAS the Township of Oro-Medonte and the City of Orima desire to enter into an Agreement for the
maintenance of certain public highways on or near the boundary between the two municipalities;
NOW THEREFORE the Township of Oro-Medonte and the City of Orillia do hereby mutually covenant and
agree as follows:
1. Area Schedule and Reuuired Maintenance Resoonsibilities
(I) CITY OF ORILLIA
a) Road Allowance known as Harvie Settlement Road
FROM: Highway #12
TO: Bass Lake Sideroad for Summer and
Winter Maintenance
b) Road Allowance known as Bass Lake Sideroad
FROM: Harvie Settlement Road
TO: 15th Line for Summer and Winter
Maintenance
c) Shelswell Crescent - Plan M264
FROM: 15th Line
TO: West End for Winter Maintenance
(2) TOWNSHIP OF ORO-MEDONTE
a) Road Allowance known as Woodland Drive
FROM: Memorial Avenue
TO: South Half Limit Lot 14 for Summer
and Winter Maintenance
2. Descriotion of Maintenance Works
Notwithstanding the 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 of service.
3.
Authoritv
The parties of the Agreement agree that the respective Municipality responsible for the summer
maintenance operations shall be responsible to authorize and execute all entrance penuits, utility
encroachments and any other encroaclunents for the portion of highway exclusively for its area of
jurisdiction.
.. .., '- ,~
"
'.
.'
.
.
4. Highwav Construction
a) Nothing in this Agreement shall confer an obligation upon either Municipality for construction or
reconstruction of a Provincial or County Highway.
b) Boundary Road Construction.
Nothing in this agreement shall confer an obligation upon either mnnicipality for construction or
reconstruction of a Boundary Road, unless agreed to by both parties and giving either party a minimum of
one (I) year written notice. Said notice shall commence on the first day ofJanuary after receipt of such
notice.
5.
Liabilities
The parties of this Agreement hereto, covenant and agree with the other, on behalf of themselves, their
successors and assigns, to indemnify and save hannless the other party, its servants, agents and those for
whom it is in law responsible, from and against any and all actions, suits, claims and demands whatsoever
which may arise either directly or indirectly by reason of any work performed by the other party or on its
behalf in connection with the carrying out of the provisions of this agreement.
6. Bridge Maintenance/Construction
The Parties of this Agreement agree to share the cost 50/50 for any culvert and bridge maintenance or
construction over 600 mm in size. Work to be performed by the Municipality who has jurisdiction of that
area.
Nothing in this agreement shall confer an obligation upon either municipality for any bridge and/or
culvert maintenance or construction over 600 mm in size, unless agreed upon by both parties and giving
either party a minimum of one (I) year written uotice, will notify the other municipality immediately of
need of maintenance or construction work. The parties of this agreement agree to share the cost 50/50
and work is to be performcd by the municipality that has jurisdiction of that area.
7. Term of Agreement
This Agreement shall continue for a period of one year, and thence from year to year thereafter, unless
Notice of Termination is served by either party upon the other, three (3) months prior to the Auniversary
date, and in any event, for a term not to exceed ten (10) years as required by the Municipal Act.
8. Registration of Agreement
This agreement shall be executed upon approval by By-law, and as authorized by the respective
Municipalities. The Township of Oro-Medonte shall be responsible for ensuring that the by-laws and the
said agreement are registered in the Land Registry Office for the County of Simcoe, as required for within
the Municipal Act. Any costs associated to same shall be borne by the Township of Oro-Medonte.
SIGNED, SEALED AND DELIVERED IN THE PRESENCE OF:
MAYOR
TH/~;N~FomL~~
CITY OF ORILL~
~~ J:;fl
CITY OF ORILL~
CLERK
MAYOR
THE CORPORATION OF THE TOWNSHIP OF
ORO-MEDONTE
(~"-../ ;:fe.cMI
TOWNSHIP OF ORO-MEDONTE
CLERK
4"~' 4L
TOWNSHIP OF ORO-MEDONTE
2
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.
.
.1,
BY-LAW NUMBER 1998-75 OF THE CITY OF ORILLlA
A BY-LAW TO AUTHORIZE THE EXECUTION OF AN AGREEMENT WITH THE
CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE FOR THE MAINTENANCE
AND REPAIR OF CERTAIN BOUNDARY ROADS BETWEEN THE CITY OF ORILLlA AND
THE TOWNSHIP OF ORO-MEDONTE
WHEREAS it is deemed expedient to enter into an agreement with the
Corporation of the Township of Oro-Medonte for the maintenance and repair of certain
boundary roads between the City of Orillia and the Township of Oro-Medonte.
NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE CITY
OF ORILLlA HEREBY ENACTS AS FOLLOWS:
1. THAT the Mayor and Clerk are hereby authorized to execute on behalf
of the Corporation of the City of Orillia an agreement with the Corporation of the
Township of Oro-Medonte for the maintenance and repair of certain boundary roads
between the City of Orillia and the Township of Oro-Medonte.
BY-LAW read a first, second and third time and finally passed this 8th
day of June, A.D. 1998.
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CLER .
CERTIFIED TO BE ^ TRUe AND CORRECT
copy OF BY.LAW NU ER ~
di< !:!;~
CI Y CLERK
10 1~fL
DATE
File: h:\counserv\council\bylaws\boundary