2003-074
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, 5.0. 2001, c.25, Section 29, provides that municipalities
having joint jurisdiction over a boundary line highway may 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 from the
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 16th day of July, 2003.
THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE
Q-~4
Mcw6r, J. Neil Craig
t , It(
''f
Schedule "A" to
BOUNDARY ROAD AGREEMENT By-Law No. 2003-074
This agreement made in duplicate this 16th day of July ,2003.
BETWEEN
THE CORPORATION OF THE TOWNSHIP OF SEVERN
(hereinafter called 'Township of Severn")
- AND-
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 from
the lack of repair for that part;
AND WHEREAS portion of highways form 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 FOLLOWS:
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.
1
"
.
.
(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.
(b) To provide all season maintenance inclusive on the 10th
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.
2
,
6. Bride:e 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. Bv-Iaws
In accordance with Section 27. (2) of the Municipal Act, a By-law in
respect of a highway under joint jurisdiction shall be passed by all
of the municipalities having jurisdiction over the highway.
9. Term of Al!:reement
This agreement shall continue for a period of one (I) 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
). /7. /l/l"
~~:j:x /fc~<JZ.
MAYOR \.J\ 00 '"
CLERK-TREA~~~ "'-...
CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE
R~c~
MAY
4,t'"Q'J
CLERK
3