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HomeMy WebLinkAbout19 017 Saugeen Shores Boundary Road Maintenance Agreement By-law THE CORPORATION OF THE MUNICIPALITY OF KINCARDINE 31,,- lam = +i �E ® jg��L!r OF 111N�` BY-LAW NO. 2019 - 017 BEING A BY-LAW TO AUTHORIZE THE SIGNING OF A BOUNDARY ROAD MAINTENANCE AGREEMENT BETWEEN THE CORPORATION OF THE MUNICIPALITY OF KINCARDINE AND THE CORPORATION OF THE TOWN OF SAUGEEN SHORES WHEREAS Section 29.1 (1) of the Municipal Act, 2001, S.O. 2001, c. 25, as amended, provides municipalities having joint jurisdiction over a boundary line • highway may enter into an agreement under which each municipality agrees to keep any part of the highway in repair for its whole width; AND WHEREAS Subsection 29.1 (2) states that if municipalities enter into an agreement, each municipality has jurisdiction over that part of the highway that it has agreed to keep in repair and is liable for any damages that arise from failure to keep the highway in repair and the other municipality is relived from all liability in respect of the repair of that part; AND 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 Council deems it advisable to enter into a boundary road • maintenance agreement with The Corporation of the Town of Saugeen Shores for the repair and maintenance of the boundary line highways over which each municipality has joint jurisdiction; and being more particularly described in the attached schedule `A'; 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 a boundary road maintenance agreement with The Corporation of the Town of Saugeen Shores for the repair and maintenance of the boundary line highways over which each municipality has joint jurisdiction, and being more particularly described in the attached Schedule 'A'. 2. That the Mayor and Chief Administrative Officer be authorized and directed to execute on behalf of the Council of The Corporation of the Municipality of Kincardine, the boundary agreement with The Corporation of the Town of Saugeen Shores, attached hereto as Schedule 'A'. 0 3. This by-law shall come into full force and effect upon its final passage. Page 2 of 2 Saugeen Shores Boundary Road Maintenance Agreement By-law By-law No. 2019 - 017 4. This by-law may be cited as the "Saugeen Shores Boundary Road • Maintenance Agreement By-law". READ a FIRST and SECOND TIME this 6th day of February, 2019. READ a THIRD TIME and FINALLY PASSED this 6th day of February, 2019. Mayor Clerk • • • This is Schedule"a_."to By-Law •d No.36i -617 passed the day of FYY(A61-,1 201 BOUNDARY ROAD MAINTENANCE AGREEMENT This agreement made in duplicate this Ii day of ,MA0.t.44 2019 BETWEEN THE CORPORATION OF THE TOWN OF SAUGEEN SHORES hereinafter referred to as "party" OF THE FIRST PART AND THE CORPORATION OF THE MUNICIPALITY OF KINCARDINE hereinafter referred to as "party" OF THE SECOND PART WHEREAS the parties to this agreement are adjoining municipalities and are desirous of entering into an agreement under the provisions of Section 29(4) of the Municipal Act, RSO 2001 and amendments thereto dealing with the maintenance and repair of boundary highways and bridges between such municipalities; AND WHEREAS pursuant to subsection 29(5) of the Municipal Act, RSO 2001, each municipality has jurisdiction over that part of the highway that it has agreed to keep in repair and is liable for any damages that arise from the failure to keep the highway in repair and the other municipality is relieved from all liability in respect of the repair of that part. NOWTHEREFORE in consideration of the premises, covenants, and promises thereinafter expressed, the parties hereto agree each with the other as follows: DEFINITIONS In this By-law: Bridge means a public bridge forming part of a highway or on, over or across which a highway passes. Highway means a common or public highway, any part of which is intended for or used by the public for the passage of vehicles and pedestrians and includes the areas between the lateral property lines thereof. Joint Jurisdiction means the local municipalities on either side of a boundary line between municipalities have joint jurisdiction over any highway or bridge forming the boundary line. Maintenance Standard means the standard(s) as adopted by the council of the municipality for repair of a highway. Roadway means that part of the highway that is improved, designed or ordinarily used for vehicular traffic, but does not include the shoulder. Routine Maintenance means those activities completed in the maintenance and repair of a highway or bridge and as described as follows: ➢ Hardtop Surface Maintenance includes frost heave repair; base repair; utility cut repair; hot and cold mix patching; shoulder maintenance; surface maintenance including crack sealing, slurry sealing and spray patching; surface sweeping; surface flushing and; routine patrolling. ➢ Winter Control includes snowplowing, combination plowing/ice control, ice control, winging back, snow fencing, snow removal, standby, winter patrol, spring clean-up, sidewalk plowing, and deicing. ➢ Traffic Operations include pavement markings, illumination, signals, signs, safety devices, bike path maintenance, railroad crossing maintenance. > Roadside Maintenance includes vegetation management including roadside mowing, weed control, tree planting & removal, tree trimming; sidewalks maintenance; debris collection including debris and leaves; curb & gutter, guide rail, and fence maintenance. ➢ Structure Maintenance includes washing and component repair for concrete and steel culverts, bridge of all types and pedestrian bridges. > Stormwater Management includes roadside ditching; entrance culvert maintenance; maintenance and cleaning of maintenance holes, storm sewers and catchbasins and; video camera inspection. Shoulder means the area adjacent to a roadway, where there is no curb, that may be paved or unpaved but does not include a sidewalk. Where words or phrases used in this By-law are defined in the Municipal Act but not defined in this by-law, the definitions of the Municipal Act shall apply to such words and phrases. INTERPRETATION Where there is any conflict between the provisions of this by-law and the provisions of the Municipal Act, as amended, the provisions of the Municipal Act shall prevail. TERM AND RENEWAL 1. The term of this Agreement shall commence on January 1, 2019, and shall expire on December 31, 2028. Notwithstanding the foregoing, this Agreement shall be deemed to be automatically renewed for a further period of ten (10) years unless, not less than six (6) months prior to the expiration of the initial term, one of the parties provides written notice to the other party that it does not wish the Agreement to be renewed. 2. Notwithstanding the foregoing, either party may terminate this Agreement upon providing six (6) months written notice to the other party. MAINTENANCE AND REPAIR OF HIGHWAYS AND STRUCTURES 1. The Town of Saugeen Shores hereby covenants and agrees to maintain and keep in repair, in accordance with the maintenance standard(s) currently proposed by the Town of Saugeen Shores for the whole width thereof the highways as follows: Bruce-Saugeen Townline from Highway 21 to Sideroad 33/34 and Bruce- Saugeen Townline from County Road 33 to Highway 21 a distance of approximately 14.8 kilometers, all as shown on Schedule A attached. 2. The Municipality of Kincardine hereby covenants and agrees to maintain and keep in repair, in accordance with the maintenance standard(s) currently adopted by the Municipality of Kincardine for the whole width thereof the highways as follows: Bruce-Saugeen Townline from Sideroad 33/34 easterly 1.5 km to the Town of Saugeen Shores boundary and from Bruce County Road 33 westerly to Lake Huron a distance of approximately 2.674 kilometers, all as shown on Schedule A attached. 3. Saugeen Shores and Kincardine shall provide each other with a copy of the bi- annual OSIM inspection report set out in sections 1 and 2. FINANCIAL 1. The Town of Saugeen Shores agrees to provide maintenance and repairs to 14.8 kilometers of Bruce-Saugeen Townline and will be reimbursed 50% of the cost associated with providing this service. 2. The Municipality of Kincardine agrees to provide maintenance and repairs to 1.5 kilometers of Bruce-Saugeen Townline and shall be reimbursed by the Town of Saugeen Shores 50% of the cost associated with providing this service. 3. The average operating cost per kilometer is mutually agreed to be $2,075 for hardtop and $3,225 for loose top. Furthermore, the average annual operating cost will be adjusted by the annual rate of inflation on a yearly basis and both parties have the option to review the operating cost every three (3) years. 4. The Town of Saugeen Shores will invoice the Municipality of Kincardine $30,710.00 for maintaining and repairing 14.8 km of Bruce-Saugeen Townline, less $3,112.50 which represents the Municipality of Kincardine's cost for maintaining and repairing 1.5 km of the Bruce-Saugeen Townline. 5. Both municipalities will pay the amount invoiced within 30 days of receipt. The Municipality of Kincardine will not invoice Saugeen Shores for any work done from County Road 33 to Lake Huron based on the class of the road and current requirements at the time this agreement was signed. GENERAL 1. Any notice to be given under this agreement shall be sufficiently given if delivered by prepaid first-class mail and addressed to; The Corporation of the Town of Saugeen Shores 600 Tomlinson Drive Box 820 Port Elgin ON NOH 2C0 Attn: Clerk and The Corporation of the Municipality of Kincardine 1475 Concession 5, R.R. #5 Kincardine, ON N2Z 2X6 Attention: Sharon Chambers, CAO Receipt of notice shall be deemed to have occurred five (5) days following the date of mailing of the notice. Either party may change its address for notice by giving notice of change of address pursuant to this section. 2. No new construction or major maintenance work (as distinguished from routine maintenance) of any kind on highways and bridges shall commence or be charged by one party to this agreement to the other unless such construction or major maintenance work has first been approved by the Councils of both municipalities. 3. The party to this agreement doing the work shall indemnify and save harmless the other party from all claims for loss or damage arising from the want of repair of said the highway and structure as assigned in the MAINTENANCE AND REPAIR OF HIGHWAYS AND STRUCTURES sections to this agreement. 4. Notwithstanding anything in this Agreement, neither party shall be in default with respect to the performance of any of the terms of this Agreement if any non- performance is due to any force majeure, strike, lock-out, labour dispute, civil commotion, war or similar event, act of God, government regulations or controls, inability to obtain any material or service, or any cause beyond the reasonable control of the party (unless such lack of control results from a deficiency in financial resources). Otherwise, time shall be of the essence of this Agreement and all of the obligations contained herein. 5. No amendment or variation to this Agreement or of any of the terms hereof shall be binding upon the parties hereto, unless the same is in writing and authorized by further by-law of both parties to this Agreement and signed by all parties hereto. 6. If any article, section, subsection, paragraph, clause or sub-clause or any of the words contained in this Agreement shall be held wholly or partially unlawful, invalid or unenforceable by any court of competent jurisdiction, the parties agree that the remainder of this Agreement shall not be affected by the judicial holding, but shall remain in full force and effect. The provisions of this Agreement shall have effect, notwithstanding any statutory provision to the contrary. 7. No supplement, amendment or waiver of or under this Agreement shall be binding unless executed in writing by the party to be bound thereby. No waiver by a party of any provision of this Agreement shall be deemed or shall constitute a waiver of any other provision or a continuing waiver unless otherwise expressly provided. IN WITNESS WHEREOF the Corporate Seals of each of the parties hereto have been affixed duly attested by the respective officers authorized in that behalf THE CORPORATION OF THE TOWN OF S' GEEN SHORES Per Mayor Per — ate Clerk THE CORPORATION OF THE MUNICIPALITY OF KINCARDINE Per Mayor i' ec2 Chief Administrative Officer