90-17
COUNTY OF ELGIN
By-Law No. 90-17
~J;ING 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), provides that the Council of 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 would entail a
larger expenditure than would be reasonable having regard to the
use that would be made of the bridge if it were rebuilt; and
WHEREAS certain inhabitants in the area of the bridge
engaged in farming have proposed 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 cash 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
3.1. 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 grantees 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
2
3.3. That the grantees of the grant have filed with the
Clerk 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 transporting 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.
3.4. That there is produced to the Clerk-Treasurer
prior to the 31st day of October, 1990, a statement from
the County Road Superintendent that the construction of
the said low level water crossing and accesses have been
completed.
3 . 5 . That the Agreement referred to in Section 3.3. has
been registered on the title of the lands.
4 . That the said low level water crossing and the accesses
thereto shall not become and are not now part of the County Road
System.
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.
READ a first time this 27th day of March, 1990.
READ a second time this 27th day of March, 1990.
READ a third time and finally passed this 27th day of March 1990
,
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G. C. Leverton L. Millman
Clerk. Warden.