88-40
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COUNTY OF ELGIN
By-Law No. 88-40
"BEING A BY-LAW TO AUTHORIZE A GRANT OF $5.000.00 TOWARDS COST OF
A LOW LEVEL WATER CROSSING AND ACCESSES AT THE PHILLMORE BRIDGE."
WHEREAS The Municipal Act, R.S.O. 1980, Chapter 302
Section 113(1), pr~yides that the Council öf every municipality
may make grants for any purpose that in the opinion of the
Council, is in the interests of the municipality; and
WHEREAS there exists under the jurisdiction of the
County of Elgin, a bridge crossing the Otter Creek where that
creek flows through Lot 111, in Concession One, South Talbot
Road, in the Township of Bayham, in the County of Elgin, and
which bridge forms part of County Road 43 and is commonly
referred to as the Phillmore Bridge; and
WHEREAS the bridge, due to its width alone, is inade-
quate to serve the needs of the local inhabitants carrying on the
business of farming; and
WHEREAS the construction of a new bridge wåuld entail a
larger expenditure than would be reasonable having regard to the
use that would be made of the bridge if it were febuilt; and
WHEREAS certain inhabitants in the area df the bridge
engaged in farming have prop~sed an alternative to. the construc-
tion of a new bridge and which alternative would meet their
needs; and
WHEREAS to assist in the construction of the alternative
proposal the inhabitants most directly affected have petitioned
the Council for a grant; and
WHEREAS Council is of the opinion that the request for,
and the payment of a grant is in the interest of the municipality.
NOW THEREFORE BE IT ENACTED:
1. That Council make a grant in c~sh or service the value
of which shall not exceed $5,000.00.
2. That the said grant shall be paid to the registered
owners of the land lying immediately north and south of the Otter
Creek and abutting on County Road 43.
3. That the said grant shall be paid only upon satisfactory
evidence being provided to the Clerk-Treasurer and the Road
Superintendent that the following condition has been satisfied
3.l. That the low level water crossing and accesses
thereto have been completed and that such construction
has been approved by -
3.1.1. County Road Committee
3.1.2. Ministry of Natural Resources
3.1. 3. Ministry of Environment
3.1.4. Long Point Conservation Authority.
3.2. That the grpntees of the grant have filed with
the Clerk evidence that they are in fact the registered
owners of the lands over which the access to the low
level water crossing is located. Such evidence may be
in the form of a letter of opinion of a solicitor quali-
fied to practice law in the Province of Ontario
-~--_.- ,..~
G. C. Leverton,
Clerk.
READ a
third
time and finally passed this 27th day of July
1988
READ a
READ a first time this
5. That no part of the said works shall encroach on County
Road 43; and any alteration necessary on the said County Road to
accommodate the accesses shall only be done with the consent of
the County Road Superintendent
second time
this
27th day of July
27th day of July
1988
1988
4.
thereto
System
That the said low level water crossing and the accesses
shall not become and are not now part of the County Road
3.5
has
That the Agreement referred to in Section
been registered on the title of the lands
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3.4. That there is produced to the Clerk-Treasurer
prior to the 31st day of October, 1988, a statement
from the County Road Superintendßnt that the construc-
tion of the said low level water crossing and accesses
have been completed
3
r-
3.3. That the grantees of the grant have filed with
the Clèrk a copy of an agreement between the registered
owners of the land wherein the access is located and
the petitioners, permitting the petitioners the free
use and right-of-way over the said lands for the trans-
porting of farm equipment only. The said agreement
shall also confirm that any person may use the said
access for the transportation of farm equipment only
free of any charges
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