Agenda Index City of Vancouver

ADMINISTRATIVE REPORT

TO:

Vancouver City Council

FROM:

General Manager of Engineering Services

SUBJECT:

Boundary Road Maintenance Agreement

 

RECOMMENDATION

COUNCIL POLICY

There is no Council policy directly applicable to this matter.

PURPOSE

The purpose of this report is to obtain Council approval of a continuation of the maintenance agreement, which had previously been negotiated with Burnaby for Boundary Road. This agreement will replace the former agreement which expired January 1, 1997, and will reflect new construction since that agreement was put in force January 1, 1992.

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.

This agreement expired January 1, 1997, and needs to be replaced as well as updated to reflect new construction that has taken place during the term of the agreement, and since the expiration thereof.

DISCUSSION

The maintenance of the recently constructed section of Boundary Road south of Marine Way is reflected in the replacement maintenance agreement.

Changes in the new maintenance agreement do not affect the previous negotiated terms of the maintenance agreement, which include, among others, that Vancouver will:

1. do all the maintenance on traffic signals, with Burnaby paying one half of the costs;

2. do all the maintenance of the yellow painted traffic line of the portion of Boundary Road which is not divided by raised medians, with Burnaby paying one half of the costs;

3. do all the maintenance of the pedestrian and vehicle overpasses on Boundary Road, with Burnaby paying one half of the costs;

4. do all the maintenance of the street lighting from 29th Avenue to Price Street and from Kingsway to Kent Avenue South on both sides of the Agreed Boundary, with Burnaby paying one half of the costs;

5. do all the maintenance north of the centre line of the Lougheed Highway to the surfaces of the medians and traffic islands which straddle the Agreed Boundaryincluding grass, sidewalks, hard surfaces and trees within these medians and traffic islands;

6. be responsible for the maintenance of the west side of Boundary Road;

7. be legally liable for maintenance carried out on the west side of Boundary Road; and

8. indemnify the City of Burnaby from and against any losses, damages or any other expenses suffered or incurred by the City of Burnaby in any way connected with this agreement resulting from the failure of the City of Vancouver to carry out the maintenance obligations set out in this agreement or any losses caused by the negligent performance by the City of Vancouver in carrying out the maintenance obligations.

The new agreement defines the boundaries for maintenance responsibilities between Vancouver and Burnaby, and at the location of new construction.

Section 237(1) of the Municipal Act, which applies to Vancouver pursuant to section 237(2), requires that a by-law be brought forward when a municipality's powers extend beyond 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 and to reflect new construction on Boundary Road.

ELECTRONIC COPY OF ATTACHMENT (BOUNDARY ROAD MAINTENANCE AGREEMENT) NOT AVAILABLE - ON FILE IN THE CITY CLERK'S OFFICE.

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ag980616.htm

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