BYLAW - Assume Municipal Services and Highways - 20090721 - 515809THE CORPORATION OF THE TOWN OF AURORA
By-Jaw Number 5158-09
BEING A BY-LAW to assume
above ground and below
ground municipal services; to
establish certain lands; and to
assume highways [Ballymore
(Brentwood) Subdivision]
WHEREAS subsection 31 (2) of the Municipal Act, 2001, S.O. 2001, c. 25 as amended,
provides that land may only become a highway by. virtue of a by-law establishing the
.highway;
AND WHEREAS subsection 26(5) of the Municipal Act, 2001, S.O. 2001, c.25, provides
that all road allowances, highways, streets and lanes shown on a registered plan of
subdivision constitute a highway; ·
AND WHEREAS subsection 44 of the Municipal Act, 2001, S.O. 2001, c.25, as
amended, provides thatthe municipality that has jurisdiction over a highway or bridge
shall keep it in a state of repair that is reasonable in the circumstances, including the
character and location of the highway or bridge;
AND WHEREAS subsection 31(4) of the Municipal Act, 2001, S.O. 2001, c.25, as
amended provides that section 44 does not apply to highways on a registered plan of
subdivision until a municipality has by by-law assumed the highway shown on a
registered plan of subdivision for public use;
AND WHEREAS the Town entered into a Residential Subdivision Agreement, dated
June 10, 2003 (hereinafter the "Subdivision Agreement"), which provides that the Town
will assume ownership, operation and maintenance of the Works as defined in the
Subdivision Agreement, including above ground and below ground services contained
in the Subdivision Agreement, upon the issuance of a Certificate of Acceptance;
AND WHEREAS the Council of The Corporation of the Town of Aurora deems it
necessary and expedient to assume above ground and below ground municipal
services, to establish certain lands and to assume certain highways;
NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE TOWN OF
AURORA ENACTS AS FOLLOWS:
1.
2.
THAT Block 55 on Plan 65M-3682 be hereby established as a public highway;
THAT the following public highways be hereby assumed for public use by The
Corporation of the Town of Aurora:
(a) Aspen Leaf Court on Plan 65M-3681;
(b) Cliff I rail on Plan 65M-3681;
(c) Woodland Hills Boulevard on Plan 65M-3682;
(d) Duncton Wood Crescent on Plan 65M-3682;
(e) Woodland Hills Boulevard on Plan 65M-3746;
3.
4.
(f) Sherman Oaks Court on Plan 65M-3746;
(g) Joseph Tuck Court on Plan 65M-3746;
(h) Black Court on Plan 65M-3746; and
(i) Block 55, 65M-3682.
THAT The Corporation of the Town of Aurora hereby assumes ownership,
operation and maintenance of the Works, including above ground and below
ground services as contained in the Subdivision Agreement for the lands
contained within Plan 65M-3681, 65M-3682, and 65M-3746 in accordance with
the Subdivision Agreement;
THAT the Mayor and Clerk be and are authorized to execute all documentation
in connection with the assumptions herein upon this By-law coming into force;
5. THAT the Town issue a Certificate of Acceptance to assume ownership of
the Works upon this By-law coming into force;
6. THAT this By-law be registered, if applicable, on title to the said streets and/or
lands set out in sections 1 and 2 herein in the appropriate Land Registry Office;
and
7. THAT the provisions of this By-law shall come into force and take effect upon
the receipt of a clearance letter from the Lake Simcoe Region Conservation
Authority for the remaining works.
READ A FIRST AND SECOND TIME THIS 21sT DAY OF JULY, 2009.
READ A THIRD TIME AND FINALLY PASSED THIS 21sT DAY OF JULY, 2009.
PHYLLIS M. MORRIS, MAYOR
LUCILLE KING, NICIPAL CLERK