2012-123 Municipal Highway Best Efforts AgreementTHE CORPORATION OF THE TOWNSHIP OF ORO- MEDONTE
By -Law No. 2012 -123
Being a By -Law to Authorize the Execution of a
Municipal Highway Best Efforts Agreement
(7tn Line from Highway 11 north to Horseshoe Valley Road /County Road 22)
Between
the Township of Oro - Medonte and the County of Simcoe
WHEREAS the Municipal Act, 2001, S.O. 2001, c.25, Section 52(1), as amended,
provides an upper -tier municipality may add a lower -tier highway, including a boundary
line highway, to its highway system from any of its lower -tier municipalities.
AND WHEREAS the Municipal Act, 2001, S.O. 2001, c.25, Section 224, as amended,
provides that it is the role of Council to ensure that administrative practices and
procedures are in place to implement the decisions of Council;
AND WHEREAS as a result of the County of Simcoe Transportation Master Plan, the
County has identified highways which will be required to be included in the County's
highway system at some time in the future to ensure that the County's highway system
will function on a county wide basis.
AND WHEREAS the identified highway within the Township of Oro - Medonte is the Line
7 North from Highway 11 north to Horseshoe Valley Road /County Road 22.
AND WHEREAS Council deems it expedient to enter into the Municipal Highway Best
Efforts Agreement with the County of Simcoe.
NOW THEREFORE the Council of the Township of Oro - Medonte hereby enacts as
follows:
1. THAT the Mayor and Clerk be authorized to execute the Municipal Highway Best
Efforts Agreement (7th Line from Highway 11 north to Horseshoe Valley
Road /Country Road 22) 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, SECOND AND THIRD TIME, AND PASSED THIS 12TH
DAY OF DECEMBER, 2012.
THE C RPORATION OF THE TOWNSHIP OF ORO- MEDONTE
Mayor, H.S. H ghes
a
Cle , J o s Irwin
Schedule 'A' to iffy -law No. 2012 --123
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off,
NT y �\MG
OF
MUNICIPAL HIGHWAY BEST EFFORTS AGREEMENT
(7t" Line from Highway 11 north to Horseshoe Valley
Road /County Road 22)
BETWEEN:
THE CORPORATION OF THE COUNTY OF SIMCOE
"County„
-and-
THE CORPORATION OF THE TOWNSHIP OF ORO- MEDONTE
"Township"
Table of Contents
RECITALS .............
1. COMPLIANCE WITH SECTION 270 4
2, TERM OF AGREEMENT ........................
3. ON -GOING CO- OPERATION 4
4. OFFICIAL PLAN, BY -LAW COMPLIANCE AND TRANSPORTATION
MASTERPLAN ....................... ...............................
5. CIRCULATION TO COUNTY OF SIMCOE ...................
6. MAINTENANCE ........................................................... ..............................6
7. BRIDGES AND CULVERTS 7
8. INSURANCE ....... ...............................
9. INDEMNITY ............... ............................... 7
10, ENTIRE AGREEMENT 7
............................
11. NO MODIFICATION ...................
12. SEVERABILITY ........................
13. RECITALS ....... ...............................
14. NOTICES ....................... ............................... 8
15. INTERPRETATION OF AGREEMENT ................ „ ,,.9
16. FURTHER ASSURANCES .................
17. WAIVER ...... ...............................
18, GOVERNING LAW ........................... ............10
19. BINDING ................. ...............................
20. EFFECTIVE DATE .......................... .............10
MUNICIPAL HIGHWAY BEST EFFORTS AGREEMENT
(7t' Line from Highway 'I I north to Horseshoe Valley
Road /County Road 22)
BETWEEN:
THE CORPORATION OF THE COUNTY OF SIMCOE
"County"
-and -
THE CORPORATION OF THE TOWNSHIP OF ORO- MEDONTE
"Township"
Collectively "the Parties"
RECITALS
The County's highway system consists primarily of two lane arterial highways,
which move the traffic through the County, providing direct access to major
residential, commercial and industrial centres, both within and outside the
County, as well as serving the needs of the residents that live along the County's
highways.
The rapid growth and development within the County is placing heavy demands
on the County's highway system and will continue to do so in the future. The
County has developed a long range plan for the reconstruction and rehabilitation
of the highway system so that it can meet these demands.
As a result of the County of Simcoe Transportation Master Plan, the County has
identified highways which will be required to be included in the County's highway
system at sometime in the future to ensure that the County's highway system will
function on a county wide basis.
The identified highway within the Township of Oro - Medonte is the 7=h Line
( "Identified Highways ").
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Section 52(1) of the Municipal Act, 2001, S.O. 2001, c.25 ( "Municipal Acr)
authorizes an upper -tier municipality to add lower tier highways to its highway
system.
The parties have entered into this agreement ( "Agreement ") to set out the terms
upon which the Parties have agreed to the County proposing to add the Identified
Highways to the County's highway system at some time in the future.
NOW THEREFORE in consideration of the Township and the County agreeing to
the terms of this Agreement and the County agreeing to add the Identified
Highway's to the County's highway system at some time in the future, the Parties
agree as follows:
1. COMPLIANCE WITH SECTION 270
1.1. The County and the Township will be responsible for complying with any
terms of their respective policies under section 270 of the Municipal Act
which would apply to the Identified Highways being added to the County's
highway system.
2. TERM OF AGREEMENT
2.1. This Agreement shall terminate upon the earlier of the date that the
Identified Highways have been added to the County's highway system by
by -law or twenty (20) years from the Effective Date.
3. ON -GOING CO- OPERATION
3.1. The Township agrees to share with the County all information that it has,
on the Identified Highways including, but not limited to, ownership, and
maintenance.
4. OFFICIAL PLAN, BY -LAW COMPLIANCE AND TRANSPORTATION
MASTER PLAN
4.1. The Township agrees that the Identified Highways are not being added to
the County's highway system at this time, but that they may be added to
the County highway system at some time in the future. If the Township
wishes to remove these Highways from the Township's highway system in
the future and have them added to the County's highway system, then
until such time as this occurs, the Township must make their Best Efforts
to ensure that the County's Official Plan, By -laws, and County of Simcoe
Transportation Master Plan with regard to road widenings, set backs and
entrance permits, among other things, are enforced by the Township
wherever legally possible, for all new developments along these highways.
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In the event that this does not occur, the County may be unwilling to add
these highways to the County's highway system in the future.
4.2. The Township agrees that the following are the general requirements of
the County in relation to future County highways.
4.2.1. The County set back requirement is a minimum of 15 meters from
any existing property line, however, in some cases the requirement
may be greater than 15 meters from any existing property line, as
set out in County of Simcoe by -law 5604.
4.2.2. The County of Simcoe road widening requirements are the
minimums as set out in current County of Simcoe Official Plan and
current County of Simcoe Transportation Master Plan, as updated
from time to time.
4.2.3. The County of Simcoe entrance permit requirements, are that no
entrance permits are allowed for lots created after the date of
execution of the within Agreement, subject to what is prescribed in
County of Simcoe by -law 5544, as applicable at the time of any
application, which by -law is subject to change from time to time.
4.3 The Township acknowledges that it has the authority to request that all
future applications for Subdivision Agreements and Severances adhere to
all County of Simcoe requirements for road widenings, entrance permits
and set backs as set out in Section 4.2 of this Agreement, pursuant to the
Planning Act, R.S.O., 1990, c.P13, s.51(25) and s53(12). The Township
further acknowledges that it has the authority to request that all future
applications for Site Plan Control Agreements adhere to all County of
Simcoe requirements for road widening, entrance permits and set backs
as set out in Section 4.2 of this Agreement, pursuant to the Planning Act,
R.S.O., 1990, s.41, in some situations.
4.4 The Township acknowledges and agrees that it will amend its Official Plan
at such time as it is updating and finalizing it's Official Plan in the normal
course of the Township's business to include the road widths and sight
triangles required by the County for a County highway, so that the
Township has the authority to ask for the appropriate County road
widenings and sight triangles when applications are made to the
Township. The Township further acknowledges that the County
requirement for the full width of the 7t" Line from Highway 11 north to
Horseshoe Valley Road /County Road 22 is 30.5 metres and that there is
also a requirement for sight triangles at each intersection for all Identified
Highways which are to be 15m x 15m in size as set out in the County of
Simcoe Transportation Master Plan and Official Plan, as amended from
time to time. Until such time as the Official Plan is amended by the
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Township, the Township shall make its best efforts to request that all new
applications comply with County requirements.
4.5 The Township acknowledges and agrees that it will amend its Zoning By-
law at such time as it is updating and finalizing it's Official Plan in the
normal course of the Township's business to reflect the setbacks required
from County roads for all applications for building permits that affect the 7th
Line from Highway 11 north to Horseshoe Valley Road /County Road 22,
as set out in County of Simcoe by -law 5604, as amended from time to
time. Until such time as the Official Plan is amended by the Township, the
Township shall make its best efforts to request that all new applications
comply with County requirements.
4.6 The Township acknowledges and agrees that it will revise its Entrance
Permit By -law 91 -176 at such time as it is updating and finalizing it's
Official Plan in the normal course of the Township's business so that
entrance permits requirements for future applications for entrances onto
the 71" Line from Highway 11 north to Horseshoe Valley Road /County
Road 22 shall conform to County of Simcoe entrance permit requirements
as set out in by -law 5544 as amended from time to time. Until such time
as the Official Plan is amended by the Township, the Township shall make
its best efforts to request that all new applications comply with County
requirements. Notwithstanding what is set out elsewhere in this
Agreement, the County acknowledges and agrees that the provisions of
this Section will only apply to all lots created after the date of execution of
this Agreement. The County and the Township agree that the restrictions
on new Entrance Permits only applies to highways outside of designated
Settlement Areas.
5. CIRCULATION TO COUNTY OF SIMCOE
5.1. The Township agrees that after execution of the Agreement, and until
such time as the identified Highways are added to the County's highway
system, the Township will circulate all applications for plans of subdivision,
severances, site plan control agreements or otherwise to Paul Murphy,
Planning Engineer Technician, at email Paul.Murphy @simcoe.ca, to
provide the County with an opportunity to comment upon all applications.
6. MAINTENANCE
6.1. The Township shall continue to be responsible for all maintenance and
construction improvement works for the Identified Highways to the
Township's standards and to the minimum Provincial Standards pursuant
to the Municipal Act, until such time as the Identified Highways are added
to the County's highway system pursuant to a by -law passed by the
Council of the County of Simcoe_ The Township agrees that any
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construction plans for improvements are to be submitted to the County
and approved by the County in writing prior to any work being
commenced.
7. BRIDGES AND CULVERTS
7,1 The Township acknowledges that in addition to any highways being added
to the County's highway system, all bridges , culverts and drainage
appurtances associated with the roadway, including but not limited to the
road crossing and driveway culverts, storm sewers and associated
structures which are part of the highways or located under the highways
will be included in the Addition of the highway to the County's highway
system. The Township further acknowledges that in the Municipal Act an
overpass is considered a bridge if it crosses a culvert larger than 3 meters
in diameter, and otherwise it is considered a culvert. The County and
Township acknowledge that all other infrastructure and utilities will remain
under the appropriate authority's control.
8. INSURANCE
8.1. The Township shall continue to include the Identified Highways within its
insurance coverage until the Identified Highways are added to the
County's highway system by by -law.
9. INDEMNITY
9.1, The Township hereby indemnifies and saves harmless the County 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
the part of the Township, its servants, employees, contactors and agents,
in the performance or partial performance or the failure to perform and
carry out any obligation imposed or assumed pursuant to this Agreement.
10. ENTIRE AGREEMENT
10.1. This agreement shall constitute the entire agreement between the Parties
pertaining to the subject matter thereof.
11. NO MODIFICATION
11.1. No modification of, or amendment to this Agreement shall be valid or
binding unless set forth in writing and duly executed by the Parties hereto.
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12. SEVERABILITY
12.1, The County and the Township agree that all covenants contained in this
Agreement shall be severable unless specifically stated otherwise herein,
and that should any covenant or condition in this Agreement be declared
invalid or unenforceable by a Court of competent jurisdiction, the
remaining covenants and the remainder of the Agreement shall remain
valid and not terminate thereby.
13. RECITALS
13.1. The County and the Township agree that all recitals are deemed to be
true, and shall be incorporated as terms of the Agreement.
14. NOTICES
14.1. Where this Agreement requires notice to be delivered by one party to the
other, such notice shall be in writing and delivered either personally, by
facsimile transmission, email or by courier from one party to the other at
their addresses noted below. Such notice shall be deemed to have been
given, if by personal delivery, on the date of delivery, and if by facsimile
transmission, or email on date of delivery with electronic confirmation of
receipt obtained, and if by courier, on the second (2 "d) business day
following the sending thereof which for the purposes of this Agreement
shall be deemed to exclude Saturdays, Sundays and statutory holidays:
Coun :
County of Simcoe
Administration Centre
1110 Highway 26
Midhurst, Ontario
LOL 1X0
Attention: Jim Hunter, Director Transportation Construction
Brenda Clark, County Clerk
Fax: 705 - 727 -7934
Tel: 705 - 726 -9300
Email: Jim.Hunter@simcoe.ca
Email: Brenda. Clark @simcoe.ca
Township:
Township of Oro - Medonte
148 Line 7 South
Oro, Ontario LOL 2X0
Attention: Jerry Ball, Director Transportation & Environmental
Services
Fax: 705 - 4870133
Tel: 705 - 487 -2171
Email: jbail @oro- medonte.ca
Addresses, telephone and fax numbers and email addresses may be
changed by written notice to the parties.
15, INTERPRETATION OF AGREEMENT
15.1. The headings, sections, subsections, and clauses are inserted for
convenience of reference only, and shall not affect the construction or
interpretation of this Agreement.
15.2. This Agreement shall be construed with all changes in number and gender
as may be required by the context.
15.3. Reference herein to any statute or any provision thereof shall include such
statute or provision thereof as amended, revised, re- enacted and /or
consolidated from time to time and any successor statute thereto.
15.4. All obligations herein contained, although not expressed to be covenants,
shall be deemed to be covenants.
15 -5. Whenever a statement or provision in this Agreement is followed by words
denoting inclusion or example and then a list of or reference to specific
items, such list or reference shall not be read so as to limit the generality
of that statement or provisions, even if words such as "without limiting the
generality of the foregoing" do not precede such list or reference.
16. FURTHER ASSURANCES
16.1, The County and Township shall execute such further and other
documents, as required to affect the provisions of this Agreement.
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17. WAIVER
17,1. The failure of the County at any time to require performance by the
Township of any obligation under this Agreement shall in no way affect its
right thereafter to enforce such obligation, nor shall the waiver by the
County of the performance of any obligation hereunder be taken or be
held to be a waiver of the performance of the same or any other obligation
hereunder at any later time.
18. GOVERNING LAW
18.1. This Agreement shall be governed by and has been construed in
accordance with the laws of the Province of Ontario and shall be treated in
all respects as an Ontario contract.
19. BINDING
19.1. This agreement shall be binding upon and inure to the benefit of the
Parties to this agreement and their respective administrators, successors
and assigns.
20. EFFECTIVE DATE
20.1. This Agreement is effective from the date that it is executed by the County
and the Township.
THE PARTIES HAVE SIGNED THIS AGREEMENT ON 'THE DATES SET OUT
BELOW:
DATE: ��W -Z_. -7 �,� (�{ -3
AUTHORIZED BY BY -LAW NO. ba36',PASSED
BY THE COUNCIL OF THE CORPORATION OF THE
OF SIMCOE l .lam, v18: __a
THE CORPORATION OF THE
COUNTY OF SIMCOE
Cal Patterson, Warden
i
Brenda Clark, County Clerk
We have authority to bind the
corporation.
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DATE: �G� —c 1 Nti w-- (2-
THE CORPORATION OF THE
TOWNSHIP OF ORO- MEDONTE
We have authority to bind the
corporation.
F:1SEI000NTY OF StMCOEkE1238 - Road Exchange Transfer Oro MedontelBest Efforts Agreenlent0ro Medonte Best Efforts
Agreement Aug 10 11.Doc
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