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CITY OF VANCOUVER ADMINISTRATIVE REPORT |
Date: |
September 19, 2003 | |
Author: |
Eileen Curran | |
Phone No.: |
(604)871-6131 | |
RTS No.: |
3611 | |
CC File No.: |
1203 | |
Meeting Date: |
October 7, 2003 |
TO: |
Vancouver City Council |
FROM: |
General Manager Engineering Services |
SUBJECT: |
Boundary Road Maintenance Agreement |
RECOMMENDATION
A. THAT Council approve the new Boundary Road maintenance agreement including the indemnity granted by the City of Vancouver to the City of Burnaby, substantially in the form attached to this report as Appendix A, and that Council authorize the General Manager of Engineering Services to negotiate any further minor changes to the agreement, and to execute the agreement.
B. THAT Council authorize the Director of Legal Services to bring forward a by-law authorizing a replacement maintenance agreement for Boundary Road, between Vancouver and Burnaby, to be effective on adoption of a by-law by each of Vancouver and Burnaby.
COUNCIL POLICY
There is no applicable Council Policy.
PURPOSE
The purpose of this report is to obtain Council approval of the maintenance agreement, which has been negotiated with Burnaby for Boundary Road. This agreement will replace the former agreement which expired January 1, of 2003.
BACKGROUND
On February 18, 1992, Council approved the recommendation of the City Engineer that an agreement be entered into with Burnaby for the maintenance of Boundary Road, to be effective upon receipt of approval from the Minister of Municipal Affairs. The Minister of Municipal Affairs approved the by-laws on June 16, 1992. The original agreement expired January 1, 1997 and was renegotiated for a second five year term.
The agreement in general provides for 50-50 cost sharing and outlines the division of duties for maintenance along Boundary Road. This includes maintenance of pavement, signing, lighting, traffic signals, overpasses and boulevards. Both parties agree to indemnify the other for performance obligations under the agreement.
This agreement expired January 1, 2003 and needs to be replaced .
DISCUSSION
To date the Cities of Vancouver and Burnaby have had a good working relationship under this agreement and no major changes are proposed.
It is proposed that one amendment be made in the new agreement to streamline billing procedures for work done by either party on the other's behalf.
Section 246(2) of the Local Government Act, which applies to Vancouver pursuant to section 246(3(b)), requires that a by-law be adopted by each respective Council to make valid an agreement between two municipalities. This requirement is necessary when two municipalities have joined together to exercise a power that extends beyond the boundaries of the municipality. During the maintenance of portions of Boundary Road, Vancouver will be working on Burnaby's land.
CONCLUSION
The new maintenance agreement is required to replace the expired agreement.
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