THE REGIONAL MUNICIPALITY OF PEEL
BY-LAW NUMBER 19-94
A by-law to authorize an agreement between the County of Wellington and the Regional Municipality of Peel for the maintenance of Regional Road 19 (Winston Churchill Boulevard) forming the boundary between the County of Wellington and the Regional Municipality of Peel.
WHEREAS pursuant to Section 32 of the Regional Municipalities Act, R.S.O. 1990, Chapter R.8, with respect to the roads in the Regional Road System, the Regional Municipality of Peel has all the powers conferred, and is subject to all the liabilities imposed, upon the Council or Corporation of a City by the Municipal Act;
AND WHEREAS pursuant to Section 271 (1) of the Municipal Act, R.S.O. 1990, Chapter M.45, the corporations of adjoining municipalities may enter into an agreement for the maintenance and repair of any highway forming the boundary between such municipalities, including the bridges thereon that it is their duty to maintain and repair, whereby each may undertake, for a term of years not to exceed ten years, to maintain, keep and repair any portion of such highway for its whole width and to indemnify and save harmless the other from any loss or damage arising from the want of repair of such portion;
AND WHEREAS pursuant to Section 271 (2) of the Municipal Act, a copy of any agreement made under Section 271 (1) of the Municipal Act, together with a copy of the by-laws of the municipalities authorizing the execution of the agreement, shall be registered in the Land Registry Office of the Land Registry Division in which the highway is situated;
AND WHEREAS a portion of Regional Road 19 (Winston Churchill Boulevard) and a portion of the Eleventh Line of the Township of Erin are highways forming the boundary between the County of Wellington and the Regional Municipality of Peel;
AND WHEREAS the Council of the Regional Corporation has by resolution on the 14th April, 1994 authorized the execution of an agreement with the County of Wellington for the maintenance of the said portion of Regional Road 19 (Winston Churchill Boulevard), and the Eleventh Line of the Township of Erin effective October 1, 1993 to September 30, 1998 inclusive;
NOW THEREFORE the Regional Corporation enacts as follows:
1. That the Regional Solicitor and Regional Clerk and Director of Administration of the Regional Municipality of Peel are hereby authorized to execute under the seal of the Regional Corporation the agreement annexed hereto as Schedule "A" between the County of Wellington and the Regional Municipality of Peel, whereby the Regional Municipality of Peel agrees to maintain and keep in repair the portion of Regional Road 19 (Winston Churchill Boulevard) from the southerly boundary of the County of Wellington to Regional Road 11 (Bush Street) and the County of Wellington agrees to maintain and keep in repair the portion of the Eleventh Line of the Township of Erin from Wellington County Road 52 to Wellington County Road 22.
2. That a copy of the agreement annexed hereto as Schedule "A", duly executed by the Corporation of the County of Wellington and the Regional Municipality of Peel, together with a copy of this by-law and of the by-law of the County of Wellington authorizing the execution of the agreement attached hereto as Schedule "A", shall be registered in the Land Registry Offices for the Registry Division of South Wellington and the Registry Division of Peel.
READ THREE TIMES AND FINALLY PASSED IN OPEN COUNCIL this 14th April, 1994.
Acting Regional Clerk, Regional Chair
THE REGIONAL MUNICIPALITY OF PEEL
SCHEDULE "A" TO BY-LAW NUMBER 19-94
THIS AGREEMENT made this day of BETWEEN:
THE CORPORATION OF THE COUNTY OF WELLINGTON (hereinafter called "Wellington") of the First Part
- and -
THE REGIONAL MUNICIPALITY OF PEEL (hereinafter called "Peel") of the Second Part
WHEREAS Wellington and Peel are adjoining municipalities and are desirous of entering into an agreement under the provision of Section 271 of the Municipal Act, R.S.O. 1990, Chapter M.45, as amended, for the maintenance and repair of the highway forming part of the boundary between Wellington and Peel.
NOW THIS AGREEMENT WITNESSETH as follows:
1. Peel hereby covenants and agrees to maintain
and keep in repair for its full width that portion of road under the jurisdiction
of, and forming the boundary between, Wellington and Peel for a period of five
(5) years from the 1st October, 1993, which portion of the road is described
as:
Commencing from the southerly boundary of the
County of Wellington; thence north-westerly along the said boundary road to
the south-easterly limit of the road in Lot 10, Concession 6, West of Hurontario
Street, in the Town of Caledon, being the Regional Municipality of Peel Regional
Road Numbered 11;
for a total distance of approximately 7.2 Kilometres.
2. Peel hereby covenants and agrees to pay all
costs associated with its duties under paragraph 1 of the Agreement, and Wellington
hereby covenants and agrees to pay one-half of such costs forthwith upon receiving
from Peel an itemized account.
3. Peel shall have jurisdiction over the portion
of the road which it has undertaken to maintain and keep in repair pursuant
to paragraph 1 of this Agreement, and shall be liable for damages incurred by
reason of neglect to maintain and keep the same in repair, and Wellington shall
be relieved, indemnified and held harmless by Peel from all such liabilities
in respect of its maintenance and repair.
4. Wellington hereby covenants and agrees to
maintain and keep in repair for its full width that portion of road under the
jurisdiction of, and forming the boundary between, Wellington and Peel, for
a period of five (5) years from the 1st October, 1993, which portion of the
road is described as:
Commencing from the north-westerly limit of
the road between Lots 12 and 13, Concession XI, Township of Erin, being the
County of Wellington County Road numbered 52, thence north-westerly along the
said boundary road to the north-westerly limit of the road between Lots 22 and
23, Concession XI, Township of Erin being the County of Wellington County Road
numbered 22;
for a total distance of approximately 6.2 Kilometres.
5. Wellington hereby covenants and agrees to
pay all costs associated with its duties under paragraph 4 of this Agreement
and Peel hereby covenants and agrees to pay one-half of such costs forthwith
upon receiving from Wellington an itemized account.
6. Wellington shall have jurisdiction over the
portion of the road which it has undertaken to maintain and keep in repair pursuant
to paragraph 4 of this Agreement, and shall be liable for damages incurred by
reason of neglect to maintain and keep the same in repair, and Peel shall be
relieved, indemnified and held harmless by Peel from of all such liabilities
in respect of its maintenance and repair.
7. During the currency of this Agreement, either
Wellington or Peel shall have the right to call a joint meeting for the consideration
of the construction, maintenance or repair of any portion of the road described
in paragraph 1 and/or paragraph 4 of this Agreement, which is unsatisfactory
to Wellington or Peel or both. If Wellington and Peel are unable to agree on
any matter arising out of this Agreement, or the carrying into effect thereof,
such differences shall be determined by the Ontario Municipal Board pursuant
to subsection (2) of Section 60 of the Public Transportation and Highway Improvement
Act, R.S.O. 1990, Chapter P.50, upon an application by either Wellington or
Peel.
8. A copy of this Agreement, together with the
copies of the by-laws authorizing the execution of this Agreement duly enacted
by the Council of Wellington and the Council of Peel, shall be registered in
the Registry Offices for the Registry Division of South Wellington and for the
Registry Division of Peel.
9. This Agreement shall be effective commencing
from the 1st day of October 1993, to the 30th September, 1998.
IN WITNESS WHEREOF the Corporate seals of the
parties hereto are hereunto affixed and attested by the proper signing officers
thereof. THE CORPORATION OF THE COUNTY
OF WELLINGTON
Warden, Clerk
THE REGIONAL MUNICIPALITY OF PEEL
Solicitor, Clerk