The Corporation of the County of Peterborough. By-law No

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Transcription:

The Corporation of the By-law No. 2013-69 A By-law to authorize the transfer of University Road, from County Road 4 to the City of Peterborough limits, from the to the County of Peterborough and to authorize the transfer of County Road 35 (Television Road), from County Road 4 to the Trent Canal, from the to the, to establish County Road 41 and discontinue County Road 35, to amend By-law No. 2008-20 (Roads Consolidation By-law) and to repeal Bylaw No. 2012-69 (Winter Control Maintenance Agreement with ) and to repeal By-law No. 2013-45 Whereas the following property is a highway (University Road) under the jurisdiction of the Corporation of the : PIN 28174-0051 (LT) Being Parts 1 & 2 on Plan 45R-15371 Part of Lots 2 & 3 Concession 10 and Part of Lots 1 & 2 Concession 11 and Part of the Original Road Allowance between Concessions 10 & 11 PIN 28479-0355 (LT) Being Part 1 on Plan 45R-14853 Part of Lot 2 Concession 11 PIN 28479-0358 (LT) Being Part 3 on Plan 45R-14853 Part of Lot 3 Concession 11 PIN 28174-0128 (LT) Being Part 4 on Plan 45R-14853 Part of Lots 1 & 2 Concession 10

PIN 28174-0129 (LT) Being Part 6 on Plan 45R-14853 PIN 28174-0108 (LT) Being Part 7 on Plan 45R-14853 PIN 28174-0110 (LT) Being Part 8 on Plan 45R-14853 PIN 28174-0112 (LT) Being Part 9 on Plan 45R-14853 PIN 28174-0114 (LT) Being Part 10 on Plan 45R-14853 PIN 28174-0116 (LT) Being Part 11 on Plan 45R-14853 Page 2 of 10

PIN 28174-0118 (LT) Being Part 12 on Plan 45R-14853 PIN 28174-0125 (LT) Being Part 13 on Plan 45R-14853 PIN 28174-0121 (LT) Being Part 14 on Plan 45R-14853 PIN 28174-0123 (LT) Being Part 15 on Plan 45R-14853 PIN 28174-0119 (LT) Being Part 17 on Plan 45R-14853 Page 3 of 10

And Whereas the following property is a highway (CR 35, Television Road) under the jurisdiction of the Corporation of the : PIN 28479-0060 (LT) Being Part 1 on Plan 45R-15374 Part of Lot 2 Concession 11 and Part of Lot 2 Concession 12 and Part of the Original Road Allowance between Concessions 11 & 12 And Whereas Section 52 (1) of the Municipal Act, 2001, S.O. 2001, c. 25 provides that an upper-tier municipality may add a lower-tier highway, including a boundary line highway, to its highway system from any of its lower-tier municipalities. 2001, c. 25, s. 52 (1); And Whereas Section 52(4) of the Municipal Act, 2001, S.O. 2001, c. 25 provides that an upper-tier municipality may remove a highway, including a boundary line highway, from its system; And Whereas Section 52(5) of the Act provides that if a highway is removed from an upper-tier highway system, it is under the jurisdiction of the lower-tier municipality in which the highway is located; And Whereas at the County Council Meeting of April 2, 2008, County Council passed Bylaw No. 2008-20, being a by-law to consolidate all by-laws passed to add Roads to and Remove Roads from the Road System; And Whereas at the County Council Meeting of September 21, 2011, County Council accepted the recommendation of the Director of Public Works contained in his report Road Transfer University Road/County Road 35 wherein he recommended: That County Council directs staff to proceed with the transfer of University Road, from County Road 4 to the City of Peterborough limits from the to the ; and further Page 4 of 10

That staff be directed to proceed with the transfer of County Road 35 (Television Road), from County Road 4 to the Trent Canal from the to the ; and further That the date of the transfers take place on January 1, 2012; and further That staff be directed to prepare the necessary by-laws to this effect. And Whereas at the County Council Meeting of November 2, 2011, County Council accepted the recommendation of the Director of Public Works contained in his report University Road and Television Road County Road Numbers wherein he recommended that: That upon the transfer of Television Road (County Road 35) to the and the transfer of University Road to the on January 1, 2012, the County Road number 35 for Television Road be discontinued and that a new County Road number, 41, be applied to University Road, and further; That Sandy Welsh, Superintendent of EMS, be notified of the change for the purpose of notifying all emergency services, and further; That Tammy Sikma, Manager of GIS, be notified of the change for the purpose of updating maps ; And Whereas at the County Council Meeting of December 21, 2011, County Council passed By-law No. 2011-82, being a by-law to remove a highway from the County system and to transfer the highway to the and to amend By-law No. 2008-20 (Roads Consolidation By-law); And Whereas at the County Council Meeting of October 17, 2012, County Council accepted the recommendation of the Director of Public Works contained in the Manager of Operations Report titled Winter Maintenance Agreement with the Township of Douro- Dummer wherein he recommended that: That the Warden and Clerk be authorized to sign an agreement with the for the maintenance of County Road 35 (Television Road) between the and the Township of for a period of one year, conditionally upon receiving the appropriate resolution from the in favour Page 5 of 10

of the agreement and further, that the Clerk be directed to prepare the necessary by-law related to this agreement. And Whereas County Council at its October 17, 2012 Regular Meeting, passed By-law No. 2012-69, being a by-law to authorize the Corporation of the to enter into a Winter Control Maintenance Agreement with The Corporation of the Township of (County Road 35 also known as Television Road) and to repeal By-law No. 2007-59; And Whereas the January 1, 2012 date of the transfers referred to above did not occur due to requiring survey information required for the transfers, which information has just recently been received; And Whereas County Council at its August 7, 2013 Regular Meeting, passed By-Law No. 2013-45, being a by-law to authorize the transfer of University Road, from County Road 4 to the City of Peterborough limits, from the to the County of Peterborough and to authorize the transfer of County Road 35 (Television Road), from County Road 4 to the Trent Canal, from the to the Township of, to amend By-law No. 2008-20 (Roads Consolidation By-law) and to repeal By-law No. 2012-69 (Winter Control Maintenance Agreement with Township of ); And Whereas the legal description contained in By-law No. 2013-45 was incorrect; Now therefore the Council of the Corporation of the in Session duly assembled enacts as follows, that: 1. The following property be removed from the highway system of The Corporation of the pursuant to Section 52(4) of the Municipal Act, 2001, S.O. 2001, c. 25: PIN 28174-0051 (LT) Being Parts 1 & 2 on Plan 45R-15371 Part of Lots 2 & 3 Concession 10 and Part of Lots 1 & 2 Concession 11 and Part of the Original Road Allowance between Concessions 10 & 11 PIN 28479-0355 (LT) Page 6 of 10

Being Part 1 on Plan 45R-14853 Part of Lot 2 Concession 11 PIN 28479-0358 (LT) Being Part 3 on Plan 45R-14853 Part of Lot 3 Concession 11 PIN 28174-0128 (LT) Being Part 4 on Plan 45R-14853 Part of Lots 1 & 2 Concession 10 PIN 28174-0129 (LT) Being Part 6 on Plan 45R-14853 PIN 28174-0108 (LT) Being Part 7 on Plan 45R-14853 PIN 28174-0110 (LT) Being Part 8 on Plan 45R-14853 Page 7 of 10

PIN 28174-0112 (LT) Being Part 9 on Plan 45R-14853 PIN 28174-0114 (LT) Being Part 10 on Plan 45R-14853 PIN 28174-0116 (LT) Being Part 11 on Plan 45R-14853 PIN 28174-0118 (LT) Being Part 12 on Plan 45R-14853 PIN 28174-0125 (LT) Being Part 13 on Plan 45R-14853 PIN 28174-0121 (LT) Being Part 14 on Plan 45R-14853 Page 8 of 10

PIN 28174-0123 (LT) Being Part 15 on Plan 45R-14853 PIN 28174-0119 (LT) Being Part 17 on Plan 45R-14853 2. The following property be added to the highway system of The Corporation of the pursuant to Section 52(1) of the Municipal Act, 2001, S.O. 2001, c. 25: PIN 28479-0060 (LT) Being Part 1 on Plan 45R-15374 Part of Lot 2 Concession 11 and Part of Lot 2 Concession 12 and Part of the Original Road Allowance between Concessions 11 & 12 3. That County Road 35 for Television Road be discontinued as a reference to the County road network. 4. A new County Road number 41 be applied to University Road. 5. University Road will be referred to as County Road 41. 6. The Warden and Clerk are hereby authorized to sign any and all related documents in order to effect the foregoing. 7. By-law No. 2012-69 passed by County Council on October 17, 2012 is repealed upon registration of the transfer documents referred to above. Page 9 of 10

8. Schedule A of By-law No. 2008-20 passed by County Council on the 2nd day of April, 2008 and as amended by By-law No. 2011-82 on December 21, 2011 is hereby amended. 9. By-law No. 2013-45 passed by County Council on August 7, 2013 is repealed. 10. This By-law shall come into force and effect on the date of its passing. 11. That this By-law shall be commonly called the Transfer of University Road to County and transfer of Television Road to. Read a first, second and third time and passed in Open Council this 16th day of October, 2013. J. Murray Jones Warden c/s Sally Saunders Clerk Page 10 of 10