07 16 2003 Sp Council Agenda
TOWNSHIP OF ORO-MEDONTE
SPECIAL COUNCIL MEETING AGENDA
COUNCIL CHAMBERS
DATE: WEDNESDAY, JULY 16, 2003
TIME: IMMEDIATELY
FOLLOWING
COMMITTEE OF
WHOLE MEETING
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..................... ......... ... ........................................................................
1. OPENING OF MEETING BY THE MAYOR
2. ADOPTION OF AGENDA
3. "DISCLOSURE OF PECUNIARY INTEREST AND THE GENERAL NATURE
THEREOF - IN ACCORDANCE WITH THE ACT"
4. MINUTES OF PREVIOUS MEETINGS:
a) Minutes of Special Council Meeting of June 24,2003.
b) Minutes of Special Council Meeting of June 25, 2003.
5. PUBLIC MEETINGS:
None.
6. REPORTS OF COMMITTEES:
a) Minutes of Committee of the Whole meeting held June 25,2003.
b) Recommendations of Committee of the Whole meeting held July 16, 2003.
7. IN-CAMERA:
None.
8. BY-LAWS:
a) By-Law No. 2003-071 Being a By-Law to Amend By-Law No. 2003-43 (A
By-Law to Adopt the Estimates of All Amounts
Required During the Year and for Levying the Tax
Rates for the Year 2003).
b) By-Law No. 2003-074 Being A By-Law to Authorize the Execution of an
Agreement Between the Township of Oro-Medonte
and The Township of Severn with Respect to
Boundary Roads.
9. CONFIRMATION BY -LAW NO. 2003-072
10.ADJOURNMENT
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THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE
BY-LAW NO. 2003-71
A BY-LAW TO AMEND BY-LAW NO. 2003-43 (A BY-LAW TO ADOPT THE
ESTIMATES OF ALL AMOUNTS REQUIRED DURING THE YEAR AND FOR
LEVYING THE TAX RATES FOR THE YEAR 2003).
WHEREAS By-law No. 2003-43 was passed on May 21st, 2003;
~
AND WHEREAS the determination of the adjustments to taxes for capped
classes pursuant to Section 329 of the Municipal Act, 2001 S.O. 2001, c.25, as
amended, were delayed necessitating a different due date for properties with
assessment in the capped classes;
AND WHEREAS By-law No. 2003-43 must be amended accordingly;
NOW THEREFORE the Council of the Corporation of the Township of
Oro-Medonte enacts as follows:
1. That Section 6 be deleted in its entirety and replaced with the following:
i)
That the final tax bill less the interim tax bill be due and payable in
two equal installments on or before Thursday, July 31st, 2003 and
Tuesday, September 30th, 2003 for properties with no assessment
in the Commercial, Industrial or Multi-Residential Classes.
ii)
That the final tax bill less the interim tax bill be due and payable in
two installments on or before Friday, August 29th, 2003 and
Tuesday, September 30th, 2003 for properties with assessment in
the Commercial, Industrial and Multi-Residential classes.
2. That this By-law come into force and take effect on and from the date of
the final passing thereof for the current year 2003.
Read a first and second time this 16th day of July, 2003.
By-law read a third and finally passed this 16th day of July, 2003.
THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE
Mayor, J. Neil Craig
Clerk, Marilyn Pennycook
~b -\
THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE
BY-LAW NO. 2003-074
BEING A BY-LAW TO AUTHORIZE THE EXECUTION OF AN AGREEMENT
BETWEEN THE TOWNSHIP OF ORO-MEDONTE AND THE TOWNSHIP OF
SEVERN WITH RESPECT TO BOUNDARY ROADS
WHEREAS the Municipal Act, S.O. 2001, c.25, Section 29, provides that muniCiPaliti1l'e.s.
having joint jurisdiction over a boundary line highway may enter into agreements unde
which each municipality agrees to keep any part of the highway in repair for its wh
width and to indemnify the other municipality from any loss or damage arising from t
lack of repair for that part;
AND WHEREAS portions of highways form a boundary between the Township of
Severn and the Township of Oro-Medonte;
AND WHEREAS the Council of the Township of Oro-Medonte deems it necessary and
desirable to pass a By-law to authorize the Mayor and Clerk to execute an agreement
with the Corporation of the Township of Severn for maintenance of the said portions of
highway and for purposes of indemnity;
NOW THEREFORE the Council for The Corporation of the Township of Oro-Medonte
hereby enacts as follows:
1. THAT the Mayor and Clerk are hereby authorized to sign an agreement between
the Corporation of the Township of Oro-Medonte and the Corporation of the
Township of Severn, said agreement attached hereto as Schedule 'A' and forming
part of this by-law.
2. THAT this by-law come into full force and effect upon final passing thereof.
By-law read a first and second time this 16th day of July, 2003.
By-law read a third and final time this
day of
, 2003.
THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE
Mayor, J. Neil Craig
Clerk, Marilyn pennycook
tb-~
BOUNDARY ROAD AGREEMENT
Schedule "A" to
By-Law No. 2003-074
This agreement made in duplicate this
day of
,2003.
BE1WEEN
THE CORPORATION OF THE TOWNSHIP OF SEVERN
(hereinafter called ''Township of Severn")
- AND-
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THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE
(hereinafter called ''Township of Oro-Medonte")
WHEREAS the Municipal Act, S.O. 2001, Chapter 25, Section 29.
(4), provides for municipalities having joint jurisdiction over a boundary
line highway to enter into agreements 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 :tram
the lack of repair for that part;
AND WHEREAS portion of highways fonn a boundary between the
Township of Severn and the Township of Oro-Medonte;
AND WHEREAS it is deemed expedient to enter into a Boundary
Road Agreement for maintenance of the said portions of highway;
NOW THEREFORE THE TOWNSHIP OF SEVERN AND THE TOWNSHIP
OF ORO-MEDONTE DO HEREBY MUTUALLY COVENANT AND AGREE
AS FOLWWS:
1. Township of Severn
That the Township of Severn hereby agrees to the following
maintenance responsibilities:
(a) To provide winter maintenance inclusive of the boundary
road known as the 14th Line/Town Line from Lot 1 to Lot 17,
more or less.
(b) To provide all season maintenance inclusive of the boundary
road known as the 14th Line/Town Line from Lot 1 to Lot 9,
inclusive.
(c) To provide all season maintenance inclusive of the boundary
road known as the 13th Line/Dunns Line within Lot 16 north
of the 15/16 Sideroad/Foxmead Road, more or less.
(d) To provide winter maintenance inclusive of the 15/16
Sideroad/Foxmead Road from Line 12 to 14/Anderson Line
to Town Line, more Or less.
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(e) To provide all season maintenance inclusive of the 12th
Line/Anderson Line within Lot 16 north of the 15/16
Sideroad/Town Line, more or less.
2. Township of Oro-Medonte
That the Township of Oro-Medonte hereby agrees to the following
maintenance responsibilities:
(a)
To provide maintenance (other than winter control) on the
boundary road known as the 14th Line/Town Line from Lot
10 to Lot 16, inclusive.
A
(b) To provide all season maintenance inclusive on the lOth
Line/Steeles Line within Lot 16 and Lot 17, from the 15/16
Sideroad/County Road #19 to Old 400 Highway/Lower Big
Chute Road, more or less.
(c) To provide winter maintenance inclusive of the road known
as Reservoir Road within Lots 18, 19 and 20, from Highway
400 north.
3. Description 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.
4. Authority
The parties of this 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 under its area of jurisdiction.
5. Boundary Road Construction
Nothing in this agreement shall confer an obligation upon either
Township for construction or reconstruction of a highway unless
agreed to by both parties and giving either party a minimum of One
(1) year's written notice. Said notice shall commence on the first
day of January after receipt of the notice.
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<t\-;-'1
6. Bridge Maintenance/Construction
The parties of this agreement agree to share the cost on a 50/50
basis for any culvert and bridge maintenance or construction over
600 mm in size. The work is to be performed by the municipality
who has jurisdiction of the area.
7. Liabilities
(a)
That the Township of Severn does hereby agree to indemnifY
and save harmless the Township of Oro-Medonte from any
loss or damage arising from the want of repair of the said
portion of highways for which it has assumed responsibility
for maintenance and repair.
.
(b) That the Township of Oro-Medonte does hereby agree to
indemnifY and save harmless the Township of Severn from
any loss or damage arising from the want of repair of the
said portion of highways for which it has assumed
responsibility for maintenance and repair.
8. By.laws
In accordance with Section 27. (2) of the Municipal Act, a By-law in
respect of a highway under joint jurisdiction shan be passed by all
of the municipalities having jurisdiction over the highway.
9. Term of Agreement
This agreement shan continue for a period of one (1) year, and
thence from year to year thereafter, unless notice of termination is
served by either party upon the other thirty (30) days prior to the
anniversary date.
IN WITNESS THEREOF the parties hereto have caused their respective
seals to be affixed and duly attested by the hands of their corporate
officers.
CORPORATION OF THE TOWNSHIP OF SEVERN
MAYOR
CLERK-TREASURER
CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE
MAYOR
CLERK
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THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE
BY-LAW NO. 2003-072
BEING A BY-LAW TO CONFIRM THE PROCEEDINGS OF THE SPECIAL
COUNCIL MEETING HELD ON WEDNESDAY, JULY 16, 2003.
THE COUNCIL OF THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE. ........,.... . .
HEREBY ENACTS AS FOLLOWS: ..
1. THAT the action of the Council at its Special Council Meeting held on
Wednesday, July 16, 2003, and in respect to each Motion, Resolution and other
actions passed and taken by the Council at its said Meeting is, except where prior
approval of the Ontario Municipal Board is required, hereby adopted, ratified and
confirmed.
2. THAT the Mayor and the proper Officials of the Township are hereby authorized
and directed to do all things necessary to give effect to the said action or to
obtain approvals where required and to execute all documents as may be
necessary on behalf of the Council of the Corporation of the Township of Oro-
Medonte. And, the Clerk is hereby authorized and directed to affix the corporate
seal to all said documents.
BY-LAW READ A FIRST AND SECOND TIME THIS 16th DAY OF JULY, 2003.
BY-LAW READ A THIRD TIME AND FINALLY PASSED THIS 16th DAY OF JULY,
2003.
THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE
Mayor, J. Neil Craig
.
Clerk, Marilyn Pennycook