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HomeMy WebLinkAboutBy-law No. 2004-003 CORPORATION OF THE MUNICIPALITY OF BAYHAM BY-LAW NO. 2004-003 A BY-LAW TO AMEND A ROAD USE AGREEMENT BETWEEN THE MUNICIPALITY OF BAYHAM AND ECHO ENERGY INC. WHEREAS Section 11 of the Municipal Act,2001, S.O.2001, c.25 as amended provides that a lower tier municipality may pass by-laws respecting highways. AND WHEREAS Echo Energy Inc., a company incorporated under the laws of the Province of Ontario, applied to the Municipality for permission to construct, maintain, and operate natural gas pipelines in public highways under the jurisdiction and control of the Municipality of Bayham. AND WHEREAS the Council of the Corporation of the Municipality of Bayham passed By-law No. 2003-098 on November 6th, 2003, to authorize the execution of a Road Use Agreement with Echo Energy Inc. AND WHEREAS the Council of the Corporation of the Municipality of Bayham is desirous of amending the agreement with Echo Energy Inc. authorized by By-law No. 2003-098. NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE MUNICIPALITY OF BAYHAM ENACTS AS FOLLOWS: 1. THAT the agreement between Municipality of Bayham and Echo Energy Inc., being Schedule "A" to By-law No. 2003-098 approved by Council of the Municipality of Bayham November 6th, 2003,be and same is hereby amended as follows: a) Clause 10 of the agreement is hereby amendedby insertion of the words "which shall not be unreasonably withheld."after the words"written municipal consent". b) Clause 11 of the agreement is hereby amended by insertion of the words "other than any application which may be made under the Ontario Energy Board Act, 1998, as amended."after the words"Company against the Municipality" and the Mayor and Clerk be and they are hereby authorized to execute the Agreement as amended. 2. THAT this by-law shall come into full force and effect upon final passing. READ A FIRST, SECOND AND THIRD TIME AND FINALLY PASSED THIS 8th DAY OF JANUARY,2004. A f ' CLERK