2131
CORPORATION OF THE COUNTY OF ELGIN
,) BY-LAW NUMBER 2131
fA B Authorize the Execution of an Agre the
1ini ,ighways for Ontario Relating to a the
Juri of the Corporation of the County 0
Designated as Development Road Number 1023.
It is hereby enacted by the Council of the Corporation of
the County of Elgin:
1. That the Warden and Clerk are hereby authorized to
execute an Agreement between the Minister of Highways for
Ontario and Corporation of the County of Elgin attached hereto
and marked Schedule !fA.
Read a first, second and third time and passed this
16th day of June, 1970.
1
~ ELGIN
/
~~
COUNTY OF ELGIN
..
AA W I ad
Attached
Agreement
Designation
A. A. Ward
Assistant Municipal
Engineer
~~..,~
Yours
very
truly
A copy each of the completed agreement and of the designa-
tion document are attached for your office records.
The Honourable George E. Gomme, Minister of Highways
has been pleased to complete the Department-Municipality agree-
ment regarding the above recently designated development road.
Dear Sir
Development Road No. 1023
County Road No. 16 (Part)
County of Elgin.
Re
Mr., H. L. Johnson,
Clerk,
County of Elgin,
Court House,
St. Thomas, Ontario
R£CEIVËO AUG
5;91(/
August 4th,
1970.
Downsview, Ontario
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ONTARIO
DEPARTMENT OF HIGHWAYS
.'.-
-- .~._-.¥
Corporation of the County of Elgin
By-law Number 2131
A BY-LAW TO AUTHORIZE THE EXECUTION OF AN AGREEMENT WITH THE
MINISTER OF HIGHWAYS FOR ONTARIO RELATING TO A ROAD UNDER THE
JURISDICTION OF THE CORPORATION OF THE COUNTY OF ELGIN
DESIGNATED AS DEVELOPMENT ROAD NUMBER 1023
It is hereby enacted by the Council of the
Corporation of the County of Elgin
L That the Warden and Clerk are hereby
authorized to execute an ag"eement 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 16th day of June , 1970
A/&Þv~
Warden /'
(Seal) ~~ f?-/~
C t9'K
I hereby certify that the foregoing is a true copy
of By-law Number 2131 pas sed by the Council
of the Corporation of the Cou,,?-ty of Elgin
on the 16th da y of ,Juno 19 70
,
,
,,\
'!,
The Department agrees and here.by und~rtakes while this agreement
remains in force to construct""',\:, 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 a"ailable for the purpose but the Department
doe~,iîbt,assume any liability for the said road.
',"'::;'.), ,:; '<,",' . \
1
NOW THEREFORE THIS AGREEMENT WITNESSETH that, in con-
sideration of the premises and the covenants hereinafter contained,
the parties 'hereto, for themselves and thei±- respective successors
and assigns, do hereby mhtually cov'enant and agree as follows:
AND WHEREAS the said road or part thereof
of the Council of the Corporation.
That part of Elgin County Road Number 16
from the west limits of the City of St. Thomas
westerly to the east limits of the Hamlet of
Fingal.
is under
the
jurisdiction
1023
Designated
Development
Road
Number
Description
1970
the road described as follows
as
a development
road on
the
Third
day of July
the
Minister of
Highways for Ontario has
de s ignated
WITNESSETH THAT
the Corporation,
hereinafter called
THE CORPORATION OF 'THE COUNTY OF ELGIN
and
the
Department,
hereinafter called
of
Onta rio
as rep,re'sented by
the
Minister of
Highways
r","
.i'·"
HER MAJESTY THE QUEEN
THIS AGREEMENT BETWEEN
SCHEDULE "A
in right
"
of the
Province
-~
(Seåh
,
'.
ELc::nN
. ~"
CORPORATION OF THE COUNTY OF
July
Signed and sealed
1970
this
15th
day of
(Seal
Mlnlster
This
27th
day of
July
1970
I
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,
r·,
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of the
HER MAJESTY THE QUEEN
Province of
Ontario
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.
it is executed by
the
If
I
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 officer,s 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.
,
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it
4.
3.
2
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 Hand 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.
The Corporation agrees and hereby undertakes to acqui,re 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
f,
July
Dated at
3rd
Toronto
1970
of
This
July
designation shallhave effect from the 3rd
A. D. '1970 and until further notice
day
is hereby designated a development
improved as provided therein.
A dietancø of äpþröJC;imately6.
7
mqee
road
to be constructed
,
or
Fingal.
THAT part
the City
of St.
of Elgin County Road Number
Thömae
weeterly
to the east
limits of the Hamlet of
the west
limits of
16 from
ELGIN COUNTY ROAD NO.
16
. TAKE NOTICE that, pursuant to the provisions of Part XI
the Highwáy Improvement Act R. S. o. 1960, Chapter 171, and the
amendments thereto, the r'oad shown in green On the attached map
and described,as follows:_
of
I"
1023
DESIGNATION OF DEVELOPMENT ROAD
--------------------------------------
ONTARIO
DEPARTMENT OF HIGHWAYS