88-6
~~~
COUNTY OF ELGIN
By-Law No. 88~6
"BEING A BY-LAW TO AUTHORIZE THE WARDEN AND THE CLERK TO
EXECUTE AN AGREEMENT BETWEEN THE CORPORATION OF THE COUNTY OF
ELGIN AND THE CORPORATION OF THE COUNTY OF KENT RESPECTING
MAINTENANCE AND REPAIR OF BOUNDARY ROADS."
WHEREAS Section 268 of The Municipal Act, R.S.O. 1980
Chapter 302 and amendments thereto, provîdes that 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 ma·intain and repair; and
WHEREAS the Municipal Council of the Corporation of
the County of Elgin deems it expedient to execute an agreement
for this purpose' between the Corporation of the County of Elgin
and the County of Kent.
NOW THEREFORE the Municipal Council of the Corpora-
tion of the County of Elgin enacts as follows:
1. That the Warden and the Clerk of the Corporation of
the County of Elgin be and they are hereby authorized to exe-
cute an agreement between the Corporation of the County of
Elgin and the Corporation of the County of Kent, as set out in
Schedule "A" attached hereto and forming part of this by-law,
prbviding 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.
2. That this by-law shall come into force and take
effect upon final passing thereof.
READ a first time this 20th day of January, 1988.
READ a second time this 20th day of January, 1988.
READ a third time and finally passed this 20th day of January 1988
~~~
G C. Levert on-,
Clerk
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THE CORPORATION OF THE COUNTY OF KENT
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Read a third time and finally passed this 25th day of
November
987
Read a second time this 25th day of November
Read a
first time this
25th
day of
November
1987
987
2 THAT this
upon the final passing thereof
by-law shall come into force and
THAT the Warden and Clerk of the
County of Kent be and they are hereby authorized to agreement
between the Corporation of the County of Kent and the Corporation of the
County of Elgin, as set out in Schedule "A" attached hereto and forming
of this by-law, providing for the maintenancè and· repair of any highway
the boundary between such municipalities, including the bridges
that it is their duty t? maintain and repair
forming
thereon
the Corpora tion of
execute an
take effect
part
COUNTY OF KENT enacts
NOW TIIEREFORE TilE COUNCIL OF. THE CORPORATION OF THE
as follows:
the Counci 1
of Kent deems it expedient execute
the Corporation of the County of Kent
AND WHEREAS
to
of the
an agreement for
and the County of
Corporation of the County
this purpose betweeh
Elgin
Chapter 302
enter into an agreement
the boundary between
it is their duty
WHEREAS Section
and amendments thereto
268 of The Municipal Act, R.S.O. 980
provides that adjoining municipalities may
for the maintenance and repair of any highway forming
such municipalities including the bridges thereon that
to maintain and repair
County of
and repair
Being a by-law to author
and Clerk to execute an ~
between the Corporation of
of Kent and the Corporation of
Elgin respecting maintenance
of boundary roads
the warden
ag-eement
the
County
the
THE CORPORATION OF THE COUNTY OF KENT
OF
BY-LAW NUMBER 43-87
r
THIS AGREEMENT made in duplicate this ;',t /I!ðv{>mb"r
2+ > day of 1987
BETWEEN:
THE CORPORATION OF THE COUNTY OF ELGIN
Hereinafter called "Elgin"
of the FIRST PART,
- and -
THE CORPORATION OF THE COUNTY OF KENT
Hereinafter called "Kent"
of the SECOND PART.
WHEREAS the parties are adjoining municipalities and are desirous of entering
into an agreement under the provisions of Section 268 of the Municipal Act,
R.S,O. 1980, Chapter 302 and amendments thereto dealing with the maintenance
and repair of boundary roads between such municipalities.
AND WHEREAS by Section 149 (2) (i) of the Municipal Act and Section 64 (3)
of the Ontario Municipal Board Act, R,S.O. 1980 Chapter 547, agreements
respecting maintenance and repair öf boundary roads under Section 268 of the
Municipal Act do not require approval of the Ontario Municipal Board.
NOW THEREFORE in consideration of the premises and covenants and prqmises
hereinafter expressed, the pa~ties hereto agree each with the other as follows
1. The Corporation of the County of Kent hereby covenants and agrees to
maintain and keep in repair for the whole width thereof, Road 7 of the County
of Elgin, Road 21 of the County, of Kent, being the boundary road lying between
the Township of A1dborough in the County of Elgin and the Township of Orford
in the County of Kent and extending from centre of the Thames River south
easterly to where Kent Road 21 tUrns south westerly to follow the road allow-
ance between Concessions 10 and 11, Township of Orford, a distance of
approximately 4,7 kilometres, as illustrated on Schedule 'A'.
2, The Corporation of the County of Kent hèreby covenants and agrees to
maintain and keep in repair for the whole width thereof, that portion of Road
4 in the County of Elgin, Road 19 in the County of Kent, being the boundary
road between the Township of A1dborough in the County of Elgin and the Township
of Orford in the County of Kent from the road allowance between Concessions
4 and 5 Township of Orford south easterly to the northerly track of the Canadian
National Railway, formerly Conrail, a distance of approximately 0.4 ki1ometres,
as illustrated on Schedule "B".
3 The Corporation of the County of Elgin hereby covenants and agrees to
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maintain and keep in repair for the whole width thereof that portion of Road 4
in the County of Elgin, Road 19 i'n the County of Kent, being the boundary
road between the Township of A1dborough in the County of Elgin and the
Township of Orford in the County of Kent from the road allowance between
Concession 7 and 8, Township of A1dborough north westerly to the northerly
track of the Canadian National Railway, formerly Conrail, a distance of
approximately 0.3 kilometres as illustrated on Schedule 'C' .
4. Elgin and Kent shall share equally all expenses connected with any
work carried out as agreed in Paragraph 1 save and except for the costs of
the structure over the Thames River which costs shall be shared as follows:
County of Kent 50%; County of Elgin 27~'7.; County of Middlesex 22~%
and each shall bear the full cost of the work carried out by itself under
Paragraphs 2 and 3 of this Agreement.
5. All road authority costs associated with automatic signal protection
at the crossing of the boundary road with trackage maintained by Canadian
National Railway and the Chesapeake and Ohio Railway in accordance with
Orders issued by the Railway Transport Committee, Canadian Transport
Commission will be shared equally by Kent and Elgin.
6. Kent will invoice Elgin for its share of the expenditures related
to work carried out under Paragraph 1 and as determined in accordance with
Paragraph 4 of this agreement and Elgin shall pay Kent the amount invoiced
within thirty (30) days of ' receipt of such invoice.
7. No new construction work (as distinguished from repair and maintenance)
of any kind on roads shall be commenced or charged by one municipality
against the other unless such construction work has been first approved by
the Councils of both municipalities.
8. The party doing the work in Paragraphs 1, 2 and 3 of this Agreement
shall indemnify and save harmless the other party from all claims, for loss
or damage arising from the want of repair of the road segments described in
Paragraphs 1, 2 and 3 herein.
9. This Agreement shall come into force on the day of its signing by
both parties hereto authorized by by-law, and shall continue in force for a
period of ten (10) years therefrom and may be renewed at the end of such
term by a further by-law of both parties to this Agreement
.'
3
10 This Agreement shall be registered in the proper Land Registry
Offices for the Registry Division of Elgin and the Registry Division of Kent
following execution of this Agreement by both parties and at the joint
expense of Elgin and Kent.
11. 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.
IN WITNESS WHEREOF the Corporate seals of each of the parties hereto have
been affixed duly attested by their respective officers authorized in that
behalf
THE CORPORATION OF THE COUNTY OF ELGIN
~
Warden' 1 "
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Clerk
THE CORPORATION OF THE COUNTY OF KENT
I Warden de
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Clerk~ ministrator
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SKETCH I.LLUSTRATING ·r~
LENGTH OF
KENT COUNTY ROAD
NO. 21 (ELGIN ROAD NO_ 7 )
ORFORD - ALDBOROUGH
lDwN LINE ROAD
SCALE -i- I " .= I mile
1987
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DRAWN BY B. BEAUBIEN
DATE: MARCH 4 , 1987
ELGIN co. ROAD NO.4
LOT .IA'·
CON 8
DRAWN BJ: B. Beaubien
DATE: arch 5 19B1
LOT 8
CON, 5
ORFORD TOWNSHIP
KENT CO. ROAD NO. 19
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LOT 18
coN. 4
ORFORD TOWNSHIP
KENT COUNTY
CONRAIL - -
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AND OHIO
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987
SCHEDUL E "c"
LOT /8
CON 5
ORFORD TOWNSHIP
KENT CO. ROAD NO. 19
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LOT 18
CON. 4
ORFORD TOWNSHIP
KENT COUNTY
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CONR AIL - -
-
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CHESAPEAKE - -
AND OHIO
NOT TO SCALE
987
LOT A"
CON. 7
ALDBORO UGH TOWNSHIP
ELGIN COUNTY
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DRAWN
DATE March 5 . 1981
ORFORD
TOWN LINE
- ALDBOROUG H
ROAD
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ELGIN COUNTY ROAD
NO.4 KENT ROAD NO. 19
SKETCH IL~U::TI~G -~i\'i~
·PART OF '