2214
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COUNTY OF ELGIN
By-Law No. ,2214
"A BY-LAW TO AUTHORIZE THE EXECUTION OF AN AGREEMENT
WITH THE MINISTER OF TRANSPORTATION AND COMMUNICATIONS
FOR ONTARIO RELAT[ NG TO A ROAD UNDER THE JURISDICTION
OF TEE CORPORATION OF THE COUNTY OF ELGIN."
Designated as development road number 1122.
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
Transportation and Communications for Ontario
and the Corporation of the County of Elgin
attached hereto and marked Schedule "A".
READ a first time this 20th day of September , 1972.
READ a second time this 20th day of September , 1972.
READ a third time and finally passed this 20th day of
September, 1972.
I~ t ~1
a/..>' -.
L. Johnson W. Hodgson
Clerk Warden
"(
,
COUNTY OF ELGIN
By-Law No. 2214
"A J3'l-LAW 'ro AUTHORIZE THE EXECUTION OF AN AGREEMENT
~ITH THE MINISTER OF TRANSPORTATION AND COMMUNICATIONS
FOR ONTARIO RELA'JING, TO A ROAD UNDER THE JURISDICTION
OF THE CORPORATION OF THE COUNTY OF ELGIN. N '
Desiqnated 8.S developmt2nt road numbe:r.1122.
It is herebyen~ohd by the Counoil' of the Corp.orat:l.on
of theCountYpof' Elgirn
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1. 'rHAT the1~anlen an,d clei~<#eher~bY~~tJi~lèi~ed,
tö e~ecutean agreement between the Minister ot
Tranaport<;1tion and Commul\ioationafor Onta.rio
and the Corporation of the County of Elgin
attached hereto and markM Schedule NAN.
READ a f1rsttime this 20th day of Septetuber , 1972.
ltEAD a second time this 20th day of September , 1972.,
READ a third time ,and finally passed this 20thd4y ot
September, 1972.
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W.i-!odqaon
,H. L. Johnßon
Clerk Warden
I, H., L.Johnson, Clerk of thè Corporation of the
County of Elgin, do hereby certify tha,tthe foregoing is
a true copy of By-Law No, 2214, passed by the Cöuncilof
the said Corporation on the 20th day of September, 1972.
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H. L. County Clerk.
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THREE HUNDRED AND TWENTY -FIVE THOUSAND DOLLARS
excluding the items designated in paragraph 2.
The Corporation agrees and hereby undertakes to
said road to a standard ,which in the opinion of the
is satisfactory for the type and intensity of traffic
road and the Department hereby undertakes to pay
ation the lesser of the cost of the improvement or
($325,
using the said
to the C orpor-
improve the
Department
000)
1.
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 successors
andassigns do hereby mutually covenant and agree as follows
AND WHEREAS the said road or part thereof
of the Council of the Corporation.
A distance of approXimately 6.
is
under
7
miles.
the
jurisdiction
THENCE southerly to the road allowance
between Concession II and Concession ill
Township of Ya.rmouth.
COMMENCING at the south
Highway Number 3,
limit
of
King's
1122
Des ignated
Development
Road Number
BEING
that part
Descri
of
tion
Elgin County Roa.d Number 36,
as follows
Ontario
The
WITNESSETH THAT
hereinafter called
The Corp or ation of the
12th
Ministe
and
the
Department
Tr ansportation
hereinafter
called
represented by
and Communications
of
Ontario
as
in
the
right
Minis'ter
of
HER MAJESTY THE QUEEN
of
the
Province
THIS AGREEMENT BETWEEN
SCHEDULE "A
"
IN WITNESS WHEREOF
(Seal)
(Seal)
HER MAJESTY THE QUEEN in the right
of the Province of On~rio
,This 12th day of October , 1972
~é~"V
Minister of T porta tiona
Communica tions
Signed and sealed this 20th day of
September , 19 72
CORPORATION OF THE
COUNTY OF ELGIN
ø ~ ---
This agreement shall be effective on the date it is e:x:ecutedby the
Minister of Transpor~ tion and Communica tions for Ontariq.
6.
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.
5
4
The Corporation agrees and hereby undertakes to indernnifyand
save harmle,ss the Departmentfrom and against all loss, costs,
expense or damage which the Department or its officers or the
public may insu;r, suffer or be put to >by reason ofany work being
done on the,,.aidroad or part thereof over whicP,the councilqf the
Corpora tionha,.Jl1risdicti()norby ,reason of any accident, damage
or injury whif'~Iì1ay be sustaine~onaccount of suc~ work being
done or the,.~rnebeingmaintainedor on account of the condition
of the said road (:>r' part thereof'at anytime
3.
It is understoÇ>d 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 revqked the
Corporation will maintain ita,nd keep it in a state of repair
satisfactory to the Department and in default thereof the Department
may. pursuant to section 95 of ,The Public Transportation and Highway
Improvement Act, R. S. O. 1970 Chapter 201, itself, repair the road
and charge the cost to the Corporation. '
2
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 nece88ary
fendng. '
-2-
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