1963
Corporation of the County of Elgin
By-law Number 1963
A BY-LAW TO AUTHORIZE THE EXECUTION OF AN AGREEMENT WITH THE
MINISTER OF HIGHWAYS FOR ONTARIO RELATING TO AROAD UNDER THE
JURISDICTION OF THE CORPORATION OF THE COUNTY OF
ELGIN DESIGNATED AS DEVELOPMENT ROAD NUMBER 840. =
It is hereby enacted by the Council of the
Corporation of the County of Elgin
1. That the Wal'den and Clerk are hereby
authorized to execute an agreement between
the Minister of Highways for Ontario and the
Corporation of the County of Elgin
attached hereto and marked Schedule "A".
Read a first, second and third time and passed
this 21st day of March 19 67
,
C/ (;¡J, (¿AA£IJ¿¿
war en
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(Seal)
I hereby certify that the foregoing is a true copy
of By-law Number 1963 passed by the Council
of the Corporation of the County of Elgin
on the 21st da y of March 19 67
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The Department agrees and hereby undertakes while this agreement
remains in force to construct or improve the said road either by
itself or by a contractor or by the Corporation to a standard which
in the opinion of the Department is satisfactory for the type and
intensity of traffic using' the said road and which may be possible
having regard to the funds available for the purpose but the Department
does not assume any liability for the said road,
I
NOW THEREFORE THIS AGREEMENT WITNESSETH that, in Con-
sideration of the premises and the covenants hereinafter contained,
the parties hereto, for themselves and their respective success'ors
and assigns, do hereby mutually covenant and agree as follows·;
AND WHEREAS the said road or part thereof is
of the Council of the Corporation.
That part of County ROad No. 52 from
County Road No. 40 westerly to County
ROad No. 30.
under
the
jurisdiction
840
Designated
Development
Road
Number
Description
19 67
the road described as follows
as a development
road on the
27th
da y of
:!i'ebruary
the
Minister of
Highways for Ontario has
des ignated
:WITNESSETH THA T
the Corporation,
hereinafter called
THE CORPORATtON OF THE COUNTY OF ELGIN
and
the
Department,
hereinafter called
of
Onta rio
as represènted by
the
Minister, of
Highways
r'
,
HER MAJESTY THE QUEEN
THIS AGREEMENT BETWEEN
SCHEDULE "A
in right
"
of
the Province
!
Seal)
ELGIN
CORPORA TION OF THE COUNTY OF
Signed and
March
sealed
19
this
67
21st day of
(Seal)
This
28th
day of
March
19 67
of the
Province of
Ontario
HER MAJESTY THE QUEEN
in
the right
IN WITNESS WHEREOF
This agreement shall be effective on
Minister of Highways for Ontario.
6
the date
This agreement shall remain and continue in force until the
designation of the said road as a Development Road has been revoked
excepting paragraph 3 thereof which shall remain and continue in
force so long as the council of the Corporation has jurisdiction
over the said road or part thereof.
it is
executed by
the
5
The Corporation agrees and hereby undertakes to indemnify and
save harmless the Department from and against all loss, costs,
expense or damage which the Department or its officers or the
public may incur, suffer or be put to by reason of any work being
done on the said road or part thereof Over which the council of the
Corporation has jurisdiction or by reason of any accident, damage
or injury which may be sustained on account of such work being
done or the same being maintained or on account of the condition
of the said road or part thereof at any time
4
It is understood and agreed that the Corporation is and will continue
to be responsible for the maintenance and repair of the said road
and the Corporation covenants and agrees that after the designation
of the said road as a Development Road has been revoked the
Corporation will maintain it and keep it in a state of repair
satisfactory to the Department and in default thereof the Department
may, pursuant to section 98 of The Highway Improvement Act, 1960,
itself repair the road and charge the cost to the Corporation.
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3
The Corporation agrees and hereby undertakes to acquire any land
within the boundaries thereof which may be required for widening
or deviating the said road or which may be otherwise required in
connection with the construction, improvement or maintenance of
the said road and to bear the cost thereof including any necessary
fencing.
2
2
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,
February 27th,
Dated at
Toronto
1967.
,
r;:£,~ryyVnlj2--;r
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Minister of Highways
of
This designation shall have effect from the 27th
February A. D. 1967 and until further notice
.
is hereby designated a development
improved as provided therein.
A distance of :3.pproximate1y
12.
05
miles.
road to be constructed,
day
or
County Road No.
That
pa rt of County Road No.
30.
52 from County Road No.
40 westerly
to
COUNTY OF ELGIN
TAKE NOTICE that, pursuant to
of the Highway Improvement Act R
the amendments thereto, the road
map and described as fo11ows:-
the provisions of Part XI
.S.O. 1960, Chapter 171, and
shown in green on the attached
DESIGNATION OF DEVELOPMID\T
D. R 840
ROAD
ONTARIO
DEPARTMENT OF HIGHWAYS
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ONTARIO
DEPARTMEN.;-(;"F HIGHWAYS CO ./Twp
Mr. H. L. Johnson Downsview, Ontario.
Clerk-Treasurer, County of Elgin May n, 1967
Court House
St. Thomas, Onto
Dear Sir: Re: 1967 Road Expenditure By-Law
Number 196~Amount$ 570.000
The Honourable G. E. Gomme, Minister of Highways,
has authorized the approval of the above-cited by-law to a
limit of
$ 200,000 for Construction,
$ j70,000 for Maintenance, and
$ 570,000 Total
Please be advised that expenditures in excess of
either of these limits will not be eligible for subsidy unless
covered by a supplementary by-law approved by the Minister.
Supplementary by-laws should be submitted as early in the
year as possible, preferably before July 31st, 1967.
This approval is given subject to the approval of
each individual work of road and bridge construction, each
contract for construction or maintenance and the purchase
of each unit of equipment. The District Engineer must be
advised and his consent obtained before such works or
purchases are advert.ised or tenders called or any commitment
made by the municipality with respect to them.
In the event that any portion of the cost of the
proposed work or purchase is to be raised in a subsequent year
or financed by the issue of debentures, the approval of the
Ontario Municipal Board must be obtained before the work or
purchase is authorized or any commitment made with respect
thereto
One copy of the by-law as approved is returned herewith.
Yours very truly,
/: ¿:::.?~
/" é' f. ;~..-/
~ncl c. ilmot,
Mun al Engineer.
"