HomeMy WebLinkAbout04 072 agree huron kinloss road
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TIIE CORPORATION OF THE MUNICIPALITY OF KINC INE
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BY-LAW
NO. 2004 - 72
BEING A BY-LAW TO AUTHORIZE THE SIGN I G OF
A JOINT AGREEMENT WITH THE TOWNSHIP OF HU ON-KINLOSS
FOR THE MAINTENANCE AND REPAIR OF HIGHWA S FORMING
THE BOUNDARY BETWEEN THE TWO MUNICI ALlTIES
WHEREAS Section 29 of the Municipal Act, 2001, S.O. 2001, c.
provides that local municipalities on either side of a bounda
jurisdiction over any highways forming the boundary line;
5, as amended,
line have joint
AND WHEREAS under the provisions of Section 29 (4) of th Municipal Act,
2001, S.O. 2001, c. 25, adjoining municipalities may enter in an agreement
under which each municipality agrees to keep any part of the ighway in repair
for its whole width;
AND WHEREAS the Council for The Corporation of the Municipality of
Kincardine deems it advisable to enter into an agreement with t e Corporation of
the Township of Huron-Kinloss for the maintenance of high ays forming the
boundary between the two municipalities as outlined in the agr ement attached
to this By-law as Schedule "A";
NOW THEREFORE the Council for The Corporation of th Municipality of
Kincardine ENACTS as follows:
1. That the Council for The Corporation of the Municipality of Kincardine enter
into an agreement with The Corporation of the Township of uron-Kinloss for
the maintenance of highways forming the boundary been them, as
outlined in the agreement attached as Schedule "A" to this B -law.
2. That the Mayor and CAO be authorized to sign, on behalf 0 The Corporation
of the Municipality of Kincardine, the agreement with The orporation of the
Township of Huron-Kinloss attached as Schedule "A".
3. This By-law shall come into full force and effect upon its fina passage.
4. This By-law may be cited as the "Huron-Kinloss Boundary ad Maintenance
Agreement, By-law".
READ a FIRST, SECOND and THIRD TIME and FINALLY ASSED this 19th
day of May 2004.
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Mayor'
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THIS AGREEMENT made in duplicate this 1st day of March, 2004
BrlWEEN:
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THE CORPORATION OF THE TOWNSHIP OF HURON-KINLOSS
PARTY OF THE FIRST PART
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THE CORPORATION OF THE MUNICIPALITY OF KINCARDINE
PARTY OF THE SECOND PART
W~EREAS under the provisions of Section 29. (1) of the Municipal Act, R.S.O., 2001, the Corporation may enter into and
pe form any agreement with any other council for fulfilling, executing or completing, at their joint expense and for their joint
bej1efit, any undertaking, work or project within the jurisdiction of the Council;
,
~D WHEREAS under the provisions of Section 29. (4) of The Municipal Act, R.S.O., 2001 the Corporation of the
adjoining municipalities may enter into an agreement for the maintenance and repair of any highway forming the
bolmdary between such municipalities, including the bridges thereon, whereby each of them may undertake for a term not
to j3xceed ten years, to maintain and keep in repair any portion of such highway;
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,,"D WHEREAS the said municipalities have jurisdiction over the portions of said highways so assumed as
To NnshiplMunicipal Roads, and it is deemed expedient and necessary to provide for the division of said highways so
tm t each municipality may be responsible for the maintenance and repair of a particular portion of the same;
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Nqw THEREFORE THIS AGREEMENT WITNESSTH that in consideration of the premises and of the mutual agreements
_ an~ covenants hereinafter contained the parties hereto agree each with the other as follows:
S~TION I - Definitions
1.[
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Repair - shall mean the patching, grading, gravelling and incidental maintenance associated with maintain the
road surface and shoulders in a condition in accordance with established policies.
Summer Maintenance - shall mean, the application of dust suppression, ditching, grubbing, brush clearing and
grass cutting
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3.1
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Winter Maintenance - shall mean patrol, plowing and sanding as established by the respective Winter
Maintenance Policies of each municipality.
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SSCTION II - Winter Maintenance and Summer Maintenance
1. The Corporation of the Township of Huron-Kinloss shall be responsible for the winter and summer maintenance
and repair costs of the portions of road more particularly described as follows:
(i) the northerly portion of the boundary road known as Huron Kincardine East extending from County of
Bruce Road #7 east to the road known as Huron-Kinloss boundary road, a distance of approximately is
6 kilometres.
.
(ii)
the northerly portion of the boundary road known as Saratoga Road extending from penetangore Row
east to the road allowance commonly referred to by the Township of Huron-Kinloss as the Lake Range
Drive Extension, a distance of approximately Is 1 kilometre.
(Ui) the westerly portion of the boundary road known as Kincardine-Kinloss Boundary Road extending from
the roadway known as Huron-Kincardine East northerly to Provincial Highway #9, a distance of
approximately is 2 kilomelres.
2. The Corporation of the Municipality of Kincardine shall be responsible for the winter and summer maintenance and
repair costs of the portions of road more particularly described as follows;
(i) the southerly portion of the roadway known as Huron-Kincardine West extending east from Provincial
Highway #21 to Sideroad 20 (former Township of Huron), a distance of approximately is 6 kilometres.
(ii) the easterly portion of the roadway known as Kincardine-Kinloss boundary extending north from
Provincial Highway #9 to Bruce County Road #1. a distance of approximately is 4 kilometres.
3. The Corporation of the Municipality of Kincardine shall be responsible for the winter maintenance costs only on
the portion of road more particularly described as follows;
.
(i)
the portion of the roadway known as Northline Avenue extending east Kincardine-Kinloss boundary road
to Bruce County Road 1, a distance of approximately is 2.1 kilometres.
SEFTION III . Capital Improvements
1. All capital improvements on roadways forming the boundary between the Township of Huron-Kinloss and the
Municipality of Kincardine, such as road construction, surface treatment, hot mix asphalt resurfacing and the
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2.
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shoulder gravelling associated with this resurfacing, bridge and culvert repairs and/or replacements, surface
treatment, earth work to alleviate snow accumulation problems, shall be apportioned between and paid by the
two municipalities on a 50150 basis.
The Public Works Superintendent or Manager of Public Works as the case may be, of each municipality shall
prepare each year a detailed statement of the capital improvements as described in Sections II (ii) and 2 (iii), and
such statements shall be verified by a statutory declaration of the Public Works Superintendent or Manager of
Public Works as the case may be and shall be submitted to the other municipality not later than the first day of
January in the year following that in which the expenditure was made, and such expenditure shall be paid in said
proportions by each of the two municipalities. The capital expenditures by either municipality in anyone year on
the portion of the work as above set out shall not exceed the sum of $20,000 without first receiving the consent of
the municipålities to the expenditure of any amount In excess of the said sum. (This approval shall normally be
done through the municipal budget process).
S~TlON IV· Supervision and Control
1. . Each municipality shall have full supervision, control, and financial responsibility for the maintenance work on its
respective portion of said roads, and at the end of each financial year, or when the work for each year is
completed, the respective Public Works Superintendent or Manager of Public Works as the case may be of the
said municipalities shall include in their accounts, the maintenance expenditures made in such year on the portion
of said road.
2.
Each municipality shall have jurisdiction only over that portion of the road which it has undertaken to maintain
and keep in repair as aforesaid, and shall indemnify and save harmless the other from any loss or damage
arising from the want of repair of such road and such other municipality shall be relieved from all liability in
respect of the maintenance and repair of such portion of road except as to its liability to contribute its share of the
net capital expenditure as established under the provisions of SectIon 3 of this agreement.
3. This Agreement when confinned by By-Law of the Council of each of the municipalities shall become effective
and binding on the parties hereto, and shall continue in force until December 31 st, 2008. Either Party may provide
the other Party with a written notification that this Agreement will be terminated six months following receipt of
the written notification.
WITNESS the Corporate Seals of the said municipalities as attested by the hands of their respective signing
officers in that behalf,
}Township of Huron-Kinloss
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}Gerald Doelman, Mayor .:-5 .'-
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)Glenn Sutton, Maýor
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one Rosenroll, Chief Administrative Officer
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