HomeMy WebLinkAbout09 001 Amendment to Winter Maintenance By-Law
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THE CORPORATION OF THE MUNICIPALITY OF KINCARDINE
BY-LAW
NO. 2009 - 001
BEING A BY-LAW TO AMEND BY-LAW NO. 1999-153 - A BY-LAW TO
AUTHORIZE THE SIGNING OF AN AGREEMENT BETWEEN THE
CORPORATION OF THE MUNICIPALITY OF KINCARDINE AND THE
CORPORATION OF THE COUNY OF BRUCE FOR PROVISION OF
WINTER MAINTENANCE
AND WHEREAS Section 11 (3) of the Municipal Act, 2001, S.O. 2001, c. 25, as
amended, provides that lower-tier municipalities may pass by-laws within the
sphere of jurisdiction of highways, including parking and traffic on highways;
WHEREAS pursuant to the Municipal Act, S.O. 2001, c. 25, as amended,
Sections 8 (1) and 9 provide that the powers of a municipality under this or any
other Act shall be interpreted broadly so as to confer broad authority on the
municipality to enable the municipality to govern its affairs as it considers
appropriate and to enhance the municipality's ability to respond to municipal
issues and that a municipality has the capacity, rights, powers and privileges of a
natural person for the purpose of exercising its authority under this or any other
Act;
AND WHEREAS with the passage of By-law No. 1999 - 153, the Council of The
Corporation of the Municipality of Kincardine (formerly the Township of
Kincardine-Bruce-Tiverton) entered into an agreement with The Corporation of
the County of Bruce for provisions of winter maintenance;
AND WHEREAS Council deems it advisable to amend By-law No. 1999-153;
NOW THEREFORE the Council of The Corporation of the Municipality of
Kincardine ENACTS as follows:
1. That The Corporation of the Municipality of Kincardine enter into an
agreement with The Corporation of the County of Bruce for the provision
of winter maintenance of portions of Bruce Road 23 and Bruce Road 15 in
conjunction with the emergency access route to the Bruce Power site.
2. That By-law No. 2008-010 be hereby repealed.
3. That By-law No. 1999-153 be hereby amended to include the said
agreement as Schedule 'A'.
4. That the Mayor and CAG be authorized to execute, on behalf of the
Corporation of the Municipality of Kincardine, the agreement with The
Corporation of the County of Bruce, attached hereto as Schedule 'A'.
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Amendment to Winter Maintenance By-law
By-law No. 2009 - 001
5. This by-law shall come into full force and effect upon its final passage.
6. This by-law may be cited as the "Amendment to Winter Maintenance
By-law".
READ a FIRST and SECOND TIME this 14th day of January, 2009
cJ: .J:
OMayor
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Cler
READ a THIRD TIME and FINALLY PASSED this 14th day of January, 2009.
Q~~o.QP
Clerk
SCHEDULE II A"
Bruce County By-law No. 4299
Muni cipal i ty of Kincardine By-Law No. 2008 -
MUNICIPALITY OF KINCARDINE
WINTER MAINTENANCE AGREEMENT
2008/2009
PARTY OF THE FIRST PART
and
PARTY OF THE SECOND PART
CORPORATION OF THE
COUNTY OF BRUCE
WAlKERTON. ONTARIO
CORPORATION OF THE
MUNICIPALITY OF KINCARDINE
phone (519) 881-2400
fax (519) 507-3030
phone (519)396-3468
fax (519) 396 - 8288
representative
representative
BRIAN KNOX
JAMES O'ROURKE
It is hereby agreed by both parties that a Kincardine policy has been adopted for Emergency Access to Bruce Power
during conditions of severe weather when Highway #21 between Kincardine and Port Elgin has been closed and when
Bruce County Road #23 between Kincardine and Bruce County Road #15 has been closed and the Emergency Access
Route is in use:
1. Operating logistics of the Emergency Access Route:
The Municipality of Kincardine has prepared and approved a 'Policy for Emergency Access to the Bruce
Nuclear Power Development', attached hereto as appendix 'A'. This policy has been reviewed and accepted by
the Highways Department on behalf of the County of Bruce. This policy establishes the operating logistics of the
Emergency Access Route. This policy outlines circumstances where the municipality may be undertaking winter
maintenance work on County Roads.
2. It is the objective of this agreement to facilitate the Second Party to undertake the plowing/sanding of portions of
Bruce Road 23 and Bruce Road 15 in conjunction with the emergency access route to the Bruce Power site.
3. Re-imbursement:
Both Parties agree that no funds shall be exchanged.
4. Indemnification
By this Agreement, the First Party indemnifies the Second Party and saves them harmless from all liability, all
manner of actions, causes of action, suits, claims, demands and costs whatsoever arising from any actions of
the First Party, its personnel, employees, representatives or agents, done in pursuance of this Agreement.
By this Agreement, the Second Party indemnifies the First Party and saves them harmless from all liability, all
manner of actions, causes of action, suits, claims, demands and costs whatsoever arising from an actions of the
Second Party, its personnel, employees, representatives or agents, done in pursuance of this Agreement.
5. Insurance
Each party to this Agreement covenants and agrees to maintain comprehensive Municipal Liability Insurance,
with limits of at least $1 0,000,000 inclusive per occurrence, protecting against liability arising from acts done in
pursuance of this Agreement. Each of the parties shall, at the request of the others, provide evidence of
coverage as provided for in this clause.
The undersigned parties hereby agree to abide by the above conditions for the winter season November 1, 2008 to
April 30th, 2009 or until notice to withdraw from this agreement is appropriately given by one party to the other.
Signed and sealed this
day of
,2008.
FOR THE PARTY OF
Tj/:T.P/U
Department Councillor signature
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(please print)
C ~ty'E' . t ->
oun nglneer signa ure
Brian Knox
(please print)
D'l Ci . O?<,
Date .
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1
POLICY
POLICY NO.:
TP.3.1
SECTION:
TRANSPORTATION - TRAFFIC CONTROL
TITLE/SUBJECT:
EMERGENCY ACCESS TO THE BRUCE NUCLEAR
POWER DEVELOPMENT
ADOPTED DATE:
January 16,2008
REVISION DATE:
Obiective:
To open the Upper Lome Beach Road emergency access gate (see map attached),
upon special request from Bruce Power, to allow buses and/or emergency vehicles to
transport essential staff, during road closures.
Operatine: Loe:istics:
1. When the decision has been made by the OPP to close Bruce County Road #23, the
County shall notify the Ward 1 Foreman, by calling the Municipality's Answering
Service at 519-396-1511 .
2. The Ward 1 Foreman shall immediately notify the Wards 2 and 3 Foremen that the
road has been closed.
3. (a) The Ward 1 Foreman shall ensure that the sign at location two (see attached
map) is in place and flashers have been installed.
(b) The County of Bruce shall ensure that the road closed sign is in place at
Location No. 1 (see attached map).
4. The Ward 2 Foreman shall ensure that the Emergency Access Road from Golf Links
Road to the north end of Victoria Street at County Road 15 is plowed and sanded
between the hours of 0600 hours and 1600 hours during the duration of the "event".
5. During the hours of 0600 hours and 2000 hours, the gate for the Emergency Access
Road shall be opened by the Municipality upon special request from Bruce Power to
allow their buses and/or emergency vehicles to transfer staff. The Municipality
requires two hours advance notice. Bruce Power contacts the Municipality at 519-
396-1511, and the OPP at 1-888-310-1122 requesting to speak with the South
Bruce Detachment, Kincardine. The gate openings shall be limited to very short
durations and supervised by the OPP, as staffing permits.
6. An "event" ceases when the OPP have declared Bruce County Road #23 open to
traffic.
2
7. The Public Works Manager shall be the key contact for this policy and he/she
shall have the authority to make emergency decisions in regard to the use of this
policy.
Location of Upper Lome Beach
Emergencv Access Road
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Location of Sians
location No. 1
lome Beach Rd.
location No.2
MacCaskill Rd. 0
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CR23
ROAD
CLOSED
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ROAD CLOSED
AHEAD
AT LORNE BEACH ROAD
NO HEAVY TRUCKS