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<br />mE CORPORATION OF mE COUNTY OF ESSEX <br /> <br />BY-LAW NUMBER 10-2005 <br /> <br />A BY -LAW TO AUTHORIZE mE EXECUTION OF <br />AGREEMENTS RELATIVE TO TENDERED CONTRACTS <br />FOR THE CONSTRUCTION AND MAINTENANCE OR <br />SUPPLY OF MATERIALS FOR mE CONSTRUCTION AND <br />MAINTENANCE OF COUNTY ROADS AND BRIDGES. <br /> <br />WHEREAS Section 5(1) of the Municipal Act, 2001, S.D. 20(H, c.25 as amended, <br />states that the powers of a municipality shall be exercised by its council; <br /> <br />AND WHEREAS Section 5(3) of the Municipal Act, 2001, S.D. 2001, c.25 as <br />amended, states that a municipal power shall be exercised by by-law; <br /> <br />AND WHEREAS Section 44 (1) ofthe Municipal Act, 2001, S.D. 2001, c.25 as <br />amended, directs that the municipality that has jurisdiction over a highway or <br />bridge shall keep it in a state of repair that is reasonable in the circumstances, <br />including the character and location of the highway or bridge; <br /> <br />AND WHEREAS funds for the 2005 County Road Construction Program were <br />approved in the 2005 Essex County Estimates which were adopted on February <br />16th, 2005; <br /> <br />AND WHEREAS maintenance and construction contracts are awarded in <br />accordance with the County of Essex Purchasing Policy #04-002, enacted on <br />December 15th, 2004, by virtue of By-law #63-2004; <br /> <br />NOW THEREFORE the Council of the Corporation of the County of Essex <br />enacts as follows: <br /> <br />1. THAT the Warden and the Clerk be and they are hereby authorized to <br />execute and deliver on behalf of the Corporation of the County of <br />Essex, agreements relative to tendered contracts for the construction <br />and maintenance or supply of materials for the construction and <br />maintenance of County roads and bridges, and that the acts of said <br />Officers of this Corporation who may have already executed and <br />delivered the said Agreements are hereby ratified and confmned as <br />the acts of this Corporation. <br /> <br />2. This By-law hereby repeals all by-laws inconsistent with this by-law. <br />