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HomeMy WebLinkAboutBy-law No. 2017-073 THE CORPORATION OF THE MUNICIPALITY OF BAYHAM BY-LAW 2017-073 A BY-LAW TO AUTHORIZE THE EXECUTION OF AN AGREEMENT BETWEEN THE CORPORATION OF THE MUNICIPALITY OF BAYHAM AND THE CORPORATION OF THE TOWNSHIP OF MALAHIDE FOR A BOUNDARY ROAD MAINTENANCE AGREEMENT WHEREAS pursuant to section 11 of the Municipal Act, 2001, The Corporation of the Municipality of Bayham and The Corporation of the Township of Malahide may pass by-laws respecting matters within the "highways" sphere of jurisdiction; AND WHEREAS pursuant to section 27(2) of the Municipal Act, 2001 a by-law in respect of the highway must be passed by all of the municipalities having jurisdiction over the highway; AND WHEREAS pursuant to section 29.1 of the Municipal Act, 2001, if parties having joint jurisdiction over a boundary line highway enter into an agreement under which each party agrees to keep any part of the highway in repair for its whole width and to indemnify the other party from any loss or damage arising from the lack of repair for that part, the agreement and a copy of the by-law authorizing the agreement may be registered in the land registry office for the area in which the highway is located; AND WHEREAS by this Agreement The Corporation of the Municipality of Bayham and The Corporation of the Township of Malahide wish to make provision for all matters relating to the maintenance and repair, capital improvements and the sharing of the costs over a boundary line highway between them; NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE MUNICIPALITY OF BAYHAM ENACTS AS FOLLOWS: 1. THAT the Mayor and Clerk be and are hereby authorized 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 The Corporation of the Township of Malahide for a Boundary Road Maintenance Agreement; 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 20th DAY OF JULY 2017. ‘d MAYOR THE CORPORATION OF THE MUNICIPALITY OF BAYHAM BY-LAW 2017-073 A BY-LAW TO AUTHORIZE THE EXECUTION OF AN AGREEMENT BETWEEN THE THE CORPORATION OF THE MUNICIPALITY OF BAYHAM AND THE CORPORATION OF THE TOWNSHIP OF MALAHIDE FOR A BOUNDARY ROAD MAINTENANCE AGREEMENT WHEREAS pursuant to section 11 of the Municipal Act, 2001, The Corporation of the Municipality of Bayham and The Corporation of the Township of Malahide may pass by-laws respecting matters within the "highways" sphere of jurisdiction; AND WHEREAS pursuant to section 27(2) of the Municipal Act, 2001 a by-law in respect of the highway must be passed by all of the municipalities having jurisdiction over the highway; AND WHEREAS pursuant to section 29.1 of the Municipal Act, 2001, if parties having joint jurisdiction over a boundary line highway enter into an agreement under which each party agrees to keep any part of the highway in repair for its whole width and to indemnify the other party from any loss or damage arising from the lack of repair for that part, the agreement and a copy of the by-law authorizing the agreement may be registered in the land registry office for the area in which the highway is located; AND WHEREAS by this Agreement The Corporation of the Municipality of Bayham and The Corporation of the Township of Malahide wish to make provision for all matters relating to the maintenance and repair, capital improvements and the sharing of the costs over a boundary line highway between them; NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE MUNICIPALITY OF BAYHAM ENACTS AS FOLLOWS: 1. THAT the Mayor and Clerk be and are hereby authorized 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 The Corporation of the Township of Malahide for a Boundary Road Maintenance Agreement; 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 20th DAY OF JULY 2017. 4e/f .,..01111110.111.1.MAYOR /