91-46
COUNTY OF ELGIN
By-Law No. 91-46
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 MIDDLESEX RESPECTING MAINTENANCE
AND REPAIR OF BOUNDARY ROADS"
WHEREAS section 268 of The Municipal Act, R.S.O. 1980
Chapter 302 and amendments thereto, provides that adjoining
municipalities may enter into an agreement for the maintenance and
repair of any highway forming the boundary between such municipal-
ities, including the bridges thereon that it is their duty to
maintain 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 Middlesex.
NOW THEREFORE the Municipal Council of the Corporation
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 execute -
(i) An agreement between the Corporation of the County of
Elgin and the Corporation of the County of Middlesex, as
set out in Schedule "A" attached hereto and forming
part of this by-law, providing 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.
(ii) A Letter of Agreement with regard to Maintenance Items,
as set out in Schedule "B" attached hereto and forming
part of this by-law.
2. That this by-law shall come into force and take effect
upon final passing thereof.
READ a first time this 11th day of September, 1991-
READ a second time this 11th day of September, 1991-
READ a third time and finally passed this 11th day of September, 1991
~-<--<-~ ,}/ '1> ÞtJ.MI.A
G. C. Leverton, L. i1lman,
Clerk. Warden.
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T
A..Jl...REEME
SCHEDULE'ZI."
199L
THE CORPORATION OF THE COUNIY OF MIDDLESEX
Hereinafter called "Middlesex"
of the FIRST PART
Sept.
of
day
18th
this
in duplicate
THIS AGREEMENT made
BEl'WEEN:
THE CORPORATION OF THE COUNIY OF ELGIN
Hereinafter called "Elgin"
of the SECOND PART
AND:
WHEREAS the parties are adjoining municipalities and are desirous of
entering into an agreement under the provisions of Section 268 of the
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 of boundary roads under Section 268 of
the Municipal Act do not require approval of the Ontario Municipal Board;
the premises and covenants and promises
parties hereto agree each with the other as
in consideration of
the
Naw THEREFORE
hereinafter expressed
follows
Elgin hereby covenants and agrees to maintain and keep in repair
for the whole widtJ:¡ thereof, Road Number 35 of the County of
Middlesex and Road Number 34 of the County of Elgin, being the
boundary road lying between the Town of Westminster in the County
of Middlesex and the Township of Yarmouth in the County of Elgin,
extending from the line between Lots 14 and IS, Concession XV in the
Township of Yarmouth, easterly to the west limits of the Village of
Belmont at the line between Lots 1 and 2, Town of Westminster, a
distance of approximately 1.0 kilometres as shown on Schedule "C"
attached
1
Elgin hereby covenants and agrees to maintain and keep in repair
for the whole width thereof, Road Number 35 of the County of
Middlesex and Road Number 37 of the County of Elgin, being the
boundary road lying between the TownshIp of North Dorchester in the
County of Middlesex and the TownshIp of South Dorchester in the
County of Elgin, extending from the east limit of Provincial Highway
Number 73, easterly to the Oxford County boundary, a distance of
approximately 8.4 kilometres as shown on Schedule "C" attached.
2
MIddlesex hereby covenants and agrees to maintain and keep in repair
for the whole width thereof, Road Number 35 in the County of
Middlesex and Road Number 37 in the County of Elgin, being the
boundary road lying between the Township of North Dorchester in the
County of Middlesex and the Township of South Dorchester in the
County of Elgin, extending from the west limit of Provincial Highway
Number 73, westerly to the east limit of the Village of Belmont at
the line between Lots 23 and 24, Concession VII, in the Township of
South Dorchester, a distance of approximately 6.9 kilometres as
shown on Schedule "C" attached.
3
Middlesex hereby covenants and agrees to maintain and keep in repair
for the whole width thereof, Road Number 15 of the County of
Middlesex and Road Number 17 of the County of Elgin, being the
boundary road lying between the Township of Delaware in the County
of Middlesex and the Township of Southwold in the County of Elgin
extending from the west limit of the road between Lots 1 and IB,
Concession II, Township of Southwold, easterly to the east limit of
the road between Concessions I and II, Township of Delaware, a
distance of approximately 1.5 kilometres as shown on Schedule "D"
attached
4
,.
2
Elgin hereby covenants and agrees to maintain and keep in repair
the bridge structure railings and embankments of Bridges as
follows:-
5
1 and Elgin
No. 5-37 - Wardsville Bridge on Middlesex Road No
Road No 3 at the Thames River.
45 and Elgin
Walkers Bridge on Middlesex Road No
at the Thames River
-
5
No. 5-39
Road No
No. 5-21 - Harkness Bridge on Westminster-Yarmouth Townline
at Lot 4, Concession VIII, Town of Westminster and Lot .13
Concession XIV, Township of Yarmouth.
and
15
West Bridge on Middlesex Road No. 35
Lot 3, Town of Westminster and Lot
No. 5-23 Belmont
Elgin Road No.34 at
Township of Yarmouth
No 5-33 - Harrietsville Drain Bridge on Middlesex Road No
35 and Elgin Road No. 37 at Lot 11, Township of North
Dorchester and Lot 11 Township of South Dorchester
"E" attached
Middlesex hereby covenants and agrees to maintain and keep in repair
the bridge structure railings and embankments of bridges as
follows:
No 5-42 - Talts.Bridge at the Thames River at Lot 21, Range
IV, S.L.R. Township of Ekfrid and Lot 7, B.F Concession
Township of Dunwich.
8
No. 5-44 Willeys Bridge on Middlesex and Elgin Road No
at the Thames River
9 and Elgin
- Middlemiss Bridge on Middlesex Road No
14 at the Thames River
No. 5-45
Road No
No 5-5 Lings Bridge on the Westminster-Southwold Townline
at Lot 49, E.T.R., Town of Westminster and Lot 49, E.T.R
Township of Southwold.
Concession XIII and XIV
- McGinnis Bridge at Lot 9
of Yarmouth.
No 5-20
Township
No. 5-24 - Belmont East Bridge on Middlesex Road No. 35 and
Elgin Road No. 37 at Lot 22, Township of North Dorchester and
Lot 22, Township of South Dorchester.
No. 19-379 Spring Creek Bridge on Middlesex Road No 35 and
Elgin Road No. 37 at Lot 18, Township of North Dorchester and
Lot 18 Township of South Dorchester.
"E" attached
Each County shall be responsible to carry out and pay for all
routine road and bridge maintenance as defined on Schedule "B" on
those roads and bridges for which it is responsible as described in
Paragraphs 1 to 6 inclusive
No new construction or major maintenance work (as distinguished from
routine repair and maintenance) of any kind on roads and bridges
shall be commenced or charged by one municipality against the other
unless such construction or major maintenance work has first been
approved by the Councils of both municipalities. Major maintenance
and routine maintenance shall be as set out on Schedule "B"
8
"G" &-
as shown on Schedules
A.ll
6
"D" &
C" &
"
as shown on Schedules
All
7
3
The party doing the work in paragraph 1 to 6 inclusive 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 and bridges
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 terms by a further by-law of both parties to this
agreement
10
This agreement shall be registered in the proper Land Registry
Offices for the Registry Division of Middlesex East and West and. the
Registry Division of Elgin following execution of this agreement by
both parties and at the joint expense of Middlesex and Elgin
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
12
each of the parties hereto
respective officers authorized in
IN WITNESS WHEREOF the Corporate Seals of
have been affixed duly attested by the
that behalf.
THE CORPORATION OF THE COUNTY OF MIDDLESEX
OF ELGIN
THE CORPORATION OF THE COUNTY
:r
WARDE.
~
CLERK
SCHEDULE "ß"
MAINTENANCE AGREEME. 'IN-MIDDLESEX 1991
ROUTINE ROAD MAINTENANCE SHALL INCLUDE (BUT NOT LIMITED TO):
1. Grass and Weed Cutting.
2. Tree cutting (other than that required for construction purposes).
3. Drainage (including normal ditching, repair and replacement of
catchbasins, etc.).
4. Roadside Maintenance.
5. Tree Planting (other than that required for replacement of trees
removed during a construction project).
6. Drainage Assessment (repair on existing drain done without Engineers
report).
7. Weed Spraying.
8. Repairs to Pavement (pot holes, patching normal Spring breakup
etc.).
9. Sweeping.
10. Shoulder Maintenance (gravelling and grading).
11. Isolated Hot Mix Patching.
12. Grading and Dust Control of Gravel Roads.
13. Winter Control Operations.
14. Edge and Centreline Pavement Marking.
15. All signing (to regular County standards).
16. Guide Rail repair or replacement.
17. Normal stump removal.
18. Maintenance and replacement of culverts under one metre in span
ROUTINE BRIDGE MAINTENANCE TO INCLUDE:
1. Bridge inspections.
2. Normal bridge signing.
3. Cleaning, Washing and Sweeping.
4. Minor deck patching and spalling.
MAJOR MAINTENANCE SHALL INCLUDE:
ROADS:
1. Surface Treatment
2. Railroad Protection (C.P.R. crossing east of Belmont).
3. Drainage Assessments (where an Engineer has prepared a report)
MAINTENANCE:
1. Replacement of culverts presently one metre or over in span
BRIDGES:
1. Painting
2 Major deck, curb or rails spalling
3 Replacement of deck drains seals etc
DATE' MAY 1991
DRAWN' KD.
WESTMINSTER - YARMOUTH TOWN LINE
N. DORCHESTER -5. DORCHESTER TOWN LINE
INCLUDING: HARRIETSVILLE DRAIN BRIDGE No. 5-33
SPRING CREEK BRIDGE No. /9-379
BELMONT EAST BRIDGE No. 5-24
BELMONT WEST BRIDGE No. 5-23
HARKNESS BRIDGE No. 5- 21
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YARMOUTH TWP.
ELGIN CO.
(ELGIN COUNTY ROAD No. 34 . 37)
SOUTH DORCHESTER TWP.
ELGIN CO.
SKETCH ILLUSTRATING
. THE LENGTH OF
MIDDLESEX COUNTY ROAD No. 35
SCHEQULE 'c'
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TOWN OF
WESTMINSTER
MIDDLESEX CO.
NORTH DORCHESTER TWP.
MIDDLESEX CO.
DATE' MAY 1991
DRAWN' KD.
COUNTY LINE 8. THAMES RIVER
BETWEEN
MIDDLESEX COUNTY AND ELGIN COUNTY
AT
WESTMINSTER-DELAWARE TWP. AND SOUTHWOLD-YARMOUTH TWP.
SHOWING' MIDDLESEX ROAD No. 15/ ELGIN ROAD No: 17
MIDDLEMISS BRIDGE No. 5-45
LINGS BRIDGE No. 5-5
MCGINNIS BRIDGE No. 5-20
SKETCH IllUSTRATING
THE lENGTH OF THE
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" "-.
SOUTHWOLD TWP.
ELGIN CO.
SCHEOU LE 'D·
CON C
. ,
YARMOUTH TWP.
ELGIN CO.
DELAWARE TWP.
MIDDLESEX CO.
TOWN OF
WESTM I NSTER
MIDDLESEX CO. 'Of..
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f..J>.s
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----_.-- -...------.-- ---
___ _n ____
THAMES RIVER
BETWEEN
MIDDLESEX COUNTY AND ELGIN COUNTY
AT
MOSA - EKFRID TWP AND ALDBOURGH - DUNWICK TWP.
SHOWING' WARDSVILLE BRIDGE No. 5 - 37
WALKERS BRIDGE No. 5-39
TAITS BRIDGE No. 5-42
WILLEYS BRIDGE No. 5- 44
DATE' MAY 1991
DRAWN' K.O.
SCHEDU LE 'EI
ALDBOROUGH TWP.
ELGIN CO
SKETCH ILLUSTRATING
THE LENGTH OF THE
MOSA TWP.
MIDDLESEX
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o
EKFRID TWP.
MIDDLESEX CO.
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