3751-2025 Authorize Road Maintenance Agreement with Merrickville Wolford
BEING A BY-LAW TO AUTHORIZE THE EXECUTION OF ROAD MAINTENANCE AGREEMENT WITH THE TOWNSHIP OF MERRICKVILLE WOLFORD
Passed by Council January 13, 2025
THE CORPORATION OF THE TOWNSHIP OF AUGUSTA
BY-LAW NUMBER 3751-2025
BEING A BY-LAW TO AUTHORIZE THE EXECUTION OF ROAD MAINTENANCE
AGREEMENT WITH THE TOWNSHIP OF MERRICKVILLE WOLFORD
WHEREAS the Municipal Act 2001, SO 2001, c. 25, Section 8(1) states that the
powers of a municipality shall be interpreted broadly so as to confer broad authority
on municipalities to govern their affairs as they consider appropriate and to enhance
their ability to respond to municipal issues; and
WHEREAS the Municipal Act 2001, SO 2001, c. 25, Section 8(2) states that in the
event of ambiguity, the ambiguity shall be resolved so as to include, rather than
exclude, municipal powers that existed before the Municipal Act, 2001 came into
force; and
WHEREAS the Municipal Act 2001, SO 2001, c. 25, Section 9 gives the
municipality the capacity, rights, powers and privileges of a natural person for the purpose of exercising its authority under this Act; and
WHEREAS the Municipal Act 2001, SO 2001, c. 25, Section 29 provides that local
municipalities on either side of a boundary line between municipalities have joint
jurisdiction over any highways forming the boundary line; and
WHEREAS the Municipal Act 2001, S02001, c. 25, Section 29.1 (1) provides that if
municipalities having joint jurisdiction over a boundary line highway enter into any
agreement under which each municipality agrees to keep any part of the highway in
repair for its whole width and to indemnify the other municipality from any loss or
damage arising from the lack of repair for that part, the agreement and a copy of the
by-law authorizing the agreement may be registered in the proper land registry office
for the area in which the highway is located; and
WHEREAS the Municipal Act 2001, SO 2001, c. 25, Section 29.1 (2) provides that if
municipalities enter into an agreement under subsection (1 ), 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 relieved from all liability in respect of the repair of that part.
WHEREAS the Council of the Corporation of the Township of Augusta deems it
advisable to enter into an agreement for road maintenance with the
Township of Merrickville Wolford;
NOW THEREFORE the Council of the Corporation of the Township of Augusta enacts
as follows:
1. The Mayor and Deputy Clerk are hereby authorized to execute the Road
Maintenance Agreement attached hereto as Schedule “A” on behalf of the
Township of Augusta, and it shall form part of this By-Law.
2. That all other By-Laws previously passed that are inconsistent with the
provisions of this By-Law are hereby repealed.
3. That this By-Law shall come into force and take effect upon passing.
Read a first, second and third time this 1 3th day of January, 2025.
Signed by Mayor Jeff Shaver and Deputy Clerk Vikki Werner-Mackeler
THIS AGREEMENT MADE in duplicate this on this 16 day of December, 2o24.
BETWEEN:
THE TOWNSHIP OF AUGUSTA (herein referred to as Augusta)
OF THE FIRST PART
THE VILLAGE OF MERRICKVILLE-WOLFORD (herein referred to as Merrickville
Wolford)
OF THE SECOND PART
WHEREAS Augusta and Merrickville-Wolford are adjoining townships:
AND WHEREAS Section 29.1 of the Municipal Act, 2001, c.25 (the Act), and
amendments thereto, authorizes agreements to be entered into between adjoining
municipalities for maintenance and repair of any highway forming a boundary between
such municipalities under which each municipality agrees to keep part of the highway in
repair for its whole width and to indemnify the other municipality for any loss or damage
arising from the lack of repair for that part;
AND WHEREAS the Municipalities have joint authority over the boundary road between
the said municipalities pursuant to Section 29 of the Act and it is deemed expedient to
provide for a division of the boundary road between the two municipalities so that each
may be responsible for the maintenance and repair of the same.
NOW THEREFORE THIS AGREEMENT WITNESSETH that in consideration of the
premises and the mutual covenants, terms and conditions hereinafter contained, the
parties hereto, hereby covenant and agree as follows:
1. Augusta shall be responsible for all winter maintenance, including plowing,
sanding and salting as required from October 15 to and including April 15 of
the following year for Harvey Road from County Road 18 to Kyle Road.
2. Merrickville-Wolford shall be responsible for all winter maintenance, including
plowing, sanding and salting as required from October 15 to and including
April 15 of the following year for Land O’Nod Road from County Road 15 to
Pioneer Road.
3. Augusta or Merrickville-Wolford shall be responsible for all maintenance,
including paving, shouldering, cross culverts, surface treatment and general
maintenance from April 16 to October 14 of the above-mentioned roads in
paragraphs 1 and 2 that are within their boundary.
4. Augusta and Merrickville-Wolford shall comply with Ontario Regulation 239/02
respecting Minimum Maintenance Standards for municipal highways for their
respective part of the boundary road as set out in paragraphs 1 and 2 above.
5. Prior to the commencement of any construction or reconstruction work in any
year, the townships shall consult each other in order that arrangements may
be made for money to be raised for the sharing of costs, for Havey Road and
Land O’Nod Road including the repair and maintenance of any/all road
culverts.
6. Entrance culverts shall be the responsibility of the municipality in which the
land served by the entrance is situated.
7. Each party shall submit a complete accounting to the other for money
expended for construction or reconstruction prior to December 31 of each
year. Any balance to be paid by one township to the other to equalize the
costs of construction or reconstruction of the boundary road for the year
pursuant to paragraph 4 above shall be paid by the last day of February in the
subsequent year.
8. Throughout the term of this Agreement, each Party shall obtain, maintain and
provide to the other with evidence of the coverages shown below and shall
provide that these coverages will not be cancelled or permitted to lapse
unless the insurer notifies the certificate holder in writing at least thirty (30)
days prior to the date of cancellation or expiry:
a) Third party general liability insurance covering the work and
services described in this Agreement. Such policy shall include
non-owned automobile liability, personal injury, broad from
property damage, contractual liability, owners, and contractors
protective, completed operations, contingent employers’ liability,
cross liability, and severability of interest claims. Such insurance
shall provide coverage of an amount no less than five million
($5,000,000) dollars and shall include the certificate holder as
an additional insured with respect to the obligations described in
this Agreement.
9. Each Party to this Agreement shall indemnify and hold harmless the other
from and against any liability, loss, claims, demands, costs and expenses,
including reasonable legal fees, occasioned wholly or in part by any negligent
acts or omissions of the Party performing the work, its agents, representative,
employees, or other persons for whom they are responsible in law as a result
of acts or omissions connected with the performance or non-performance of
work or due to any contravention of the provisions of this Agreement, or of
any applicable laws, rules or regulations.
10. Any dispute or difference between the parties hereto concerning questions of
fact, procedures. practices, or standards relevant to this Agreement which
cannot be resolved or settled by the parties, shall be settled, and determined
by arbitration. The provisions of this paragraph shall be deemed to constitute
a “submission” within the meaning of the Arbitration Act, 1991 (Ontario)
(referred to in this paragraph as the “Arbitration Act”) and the provisions of the
Act, except to the extent that a contrary intention is expressed herein, shall
apply to any arbitration hereunder. The following provisions shall apply to any
such arbitration:
a) Either party may at any time give written notice to the other of its
desire to submit such dispute to arbitration stating with
reasonable particularity the subject matter of such dispute.
Within five (5) business days after receipt of such notice, the
parties shall appoint a single arbitrator with appropriate
experience to determine such dispute. If the parties fail to
appoint an arbitrator either party may apply to a Judge of the
Superior Court of Ontario to appoint an arbitrator to determine
such dispute.
b) The Arbitrator so appointed shall proceed forthwith to arbitrate
the dispute. The costs of the arbitration shall be paid as
determined by the arbitrator. Notwithstanding anything to the
contrary contained in the Arbitration Act, the award of the
arbitrator shall be final and binding upon the parties and all
persons claiming through or under them and shall not be subject
to review or appeal in any court of law or equity.
11. Either party hereto may terminate the agreement upon sixty (60) days written
notice, by registered mail, to the other party. Notice shall be deemed to be
received on the second day following the date of mailing as previously
mentioned.
12. This agreement shall continue in force and effect, unless terminated as
previously mentioned, and shall ensure to the benefit of and be found upon
the parties hereto, their successors and assigns.
IN WITNESS WHEREOF the Parties hereto have hereunto caused to be affixed their
respective Corporate Seals attested by the hands of their respective Mayors and Clerks
duly authorized in that behalf.
SIGNED, SEALED AND DELIVERED
The Corporation of the Township of Augusta
In the presence of
PER: Signed by Mayor Jeff Shaver
PER: Signed by Deputy Clerk Vikki Werner-Mackeler
The Corporation of the Village of Merrickville-Wolford
PER: Signed by Mayor Michael Cameron
PER: Signed by Clerk Julia McCaugherty-Jansman
