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HomeMy WebLinkAboutBy-law No. 2005-058 CORPORATION OF THE MUNICIPALITY OF BAYHAM BY-LAW NO.2005-058 A BY-LAW TO AUTHORIZE THE EXECUTION OF A ROAD USE AGREEMENT BETWEEN THE MUNICIPALITY OF BAYHAM AND ERIE SHORES WIND FARM GENERAL PARTNER TRUST,AS GENERAL PARTNER OF AND ON BEHALF OF ERIE SHORES WIND FARM LIMITED PARTNERSHIP WHEREAS Section 11 of the Municipal Act,2001, SD. 2001, c.25 as amended provides that a lower tier municipality may pass by-laws respecting highways. AND WHEREAS Erie Shores Wind Farm General Partner Trust, as general partner of and on behalf of Erie Shores Wind Farm Limited Partnership, has applied to the Municipality for an easement to install, construct, maintain, and operate infrastructure for the transmission and distribution of electricity in public highways under the jurisdiction and control of the Municipality of Bayham, and certain ancillary documents in relation thereto. AND WHEREAS the Council of the Corporation of the Municipality of Bayham is desirous of entering into such easement agreement to grant such easement subject to terms and conditions set forth in such agreement. NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE MUNICIPALITY OF BAYHAM ENACTS AS FOLLOWS: 1. THAT the Mayor and Clerk be and they are hereby authorized and directed to execute the Agreement attached hereto as Schedule "A" and forming part of this by-law, between the Corporation of the Municipality of Bayham and Erie Shores Wind Farm General Partner Trust, as general partner of and on behalf of Erie Shores Wind Farm Limited Partnership, being a road use easement agreement for the purposes of the installation, construction, maintenance, and operation of infrastructure for the transmission and distribution of electricity in public highways under the jurisdiction and control of the Municipality of Bayham. 2. THAT the Mayor and Clerk be and they are hereby authorized and directed to execute, in relation to the easement referred to in paragraph 1 above, the Owners Acknowledgement and Consent Agreement attached hereto as Schedule "B" and forming part of this by-law 3. 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 27th DAY OF JUNE,2005. MAY I rP�ry E SVT11 r•