Power to construct works on boundary lines
65.(1)Where a highway forms the boundary between two or more municipalities, although it lies wholly within one or partly within two or more of them, the corporations of the municipalities may agree, (a) to undertake in respect of the highway or any part of it any work or service that may be undertaken as a local improvement under this Act; (b) as to the council by which the work or service shall be undertaken; (c) as to whether the corporation’s portion of the cost shall be provided for by borrowing or shall be included in the estimates of the year; (d) as to the proportions in which the corporation’s portion of the cost shall be borne by such corporations respectively. Powers and duties of initiating council (2)The council of the municipality that according to the agreement is to undertake the work or service, hereinafter called the initiating council, has all the powers and shall perform all the duties in respect of it that may be exercised or are to be performed by the council of a municipality that undertakes a work or service as a local improvement under this Act, and the highway shall, for the purposes of the work or service, be deemed to lie wholly within and to be under the exclusive jurisdiction of the initiating council. Certified copies of by-law to be sent to clerks of other municipalities (3)The clerk of the initiating council shall forthwith, after the passing of its by-law imposing the special rates to defray the owners’ portion of the cost, deliver or transmit by registered mail to the clerk of any municipality in which is situate any land upon which a special rate has been imposed a copy of the by-law certified under the clerk’s hand and the seal of the corporation to be a true copy. Collection of rates in other municipalities (4)The rates required by the by-law to be levied and collected in any year upon land in any municipality, other than that by the council of which the by-law is passed, shall be collected by the council of such municipality in like manner as if such rates had been imposed by that council. Payment over to initiating council (5)The corporation of each of the municipalities, other than that by the council of which the work or service is undertaken, shall pay to the last-mentioned corporation the sums that are to be levied and collected in that year under subsection (4), and such payment shall be made on demand therefor at any time after the 14th day of December in that year, and shall be made whether or not such rates have been collected from the persons liable to pay them. Payment not to relieve land assessed (6)Such payment does not relieve any land specially assessed from the special rate thereon, but it remains liable for the special rate until it is paid. Payment over where corporation’s portion included in estimates (7)Where the agreement provides that the corporation’s portion of the cost shall be included in the estimates of the year, the corporation of each of the municipalities, other than that by the council of which the work or service is undertaken, shall pay to that corporation when the amount of the corporation’s portion of the cost is finally determined its share or portion of such cost, and the amount so paid shall be provided for in the estimates for the then current year of the council of the corporation that is to pay it. Where corporation’s portion met by issue of debentures (8)Where the agreement provides that the amount required to defray the corporation’s portion of the cost is to be borrowed, the corporation of each of the municipalities, except that by the council of which the work or service is undertaken, shall, in each year during the currency of the debentures issued for the money borrowed, pay to that corporation the same proportion of the principal and the interest payable in that year as under the agreement it is to bear of the corporation’s portion of the cost, and the amount that the by-law for borrowing the money requires to be raised in that year shall be reduced by the sum so paid. Maintenance and repair (9)The corporations shall bear the cost of keeping the work in repair in the proportions in which the cost of the work is to be borne by them. Corporation may assume owners’ portion of the cost (10)Where a by-law under section 70 is not in effect in a municipality, the council may by by-law provide that the owners’ portion of the cost in respect of any work or service undertaken under this section be assumed by the corporation and thereafter such costs shall form part of the corporation’s portion of the cost of such work or service. R.S.O. 1990, c. L.26, s. 65.