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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 ~~ "- (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 - ~' '.." 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. r ,~~ ,1'" " , ( I 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 =..~-,.,.,..."---- ~" \. ;Ali , February 27th, Dated at Toronto 1967. , r;:£,~ryyVnlj2--;r ~:...--\[, /' ' 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 It! " ' ~~ ", ..," ',' ..... '0". 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. "