17-2009 County Road Tender Award Bylaw for 2009

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THE CORPORATION OF THE COUNTY OF ESSEX BY-LAW NUMBER 17-2009 A BY -LAW TO AUTHORIZE THE EXECUTION OF AGREEMENTS RELATIVE TO TENDERED CONTRACTS FOR THE CONSTRUCTION AND MAINTENANCE OR SUPPL Y OF MATERIALS FOR THE CONSTRUCTION AND MAINTENANCE OF COUNTY ROADS AND BRIDGES. WHEREAS Section 5(1) ofthe Municipal Act, 2001, S.D. 2001, c.25 as amended, states that the powers of a municipality shall be exercised by its council; AND WHEREAS Section 5(3) of the Municipal Act, 2001, S.D. 2001, c.25 as amended, states that a municipal power shall be exercised by by-law; AND WHEREAS Section 44 (1) of the Municipal Act, 2001, S.D. 2001, c.25 as amended, directs that the municipality that has jurisdiction over a highway or bridge shall keep it in a state of repair that is reasonable in the circumstances, including the character and location of the highway or bridge; AND WHEREAS funds for the 2009 County Road Construction Program were approved in the 2009 Essex County Estimates which were adopted on March 4th, 2009; AND WHEREAS maintenance and construction contracts are awarded in accordance with the County of Essex Purchasing Policy #04-002, enacted on December 15th, 2004, by virtue of By-law #63-2004 and amended by By-law #46-2007; NOW THEREFORE the Council of the Corporation of the County of Essex enacts as follows: 1. THAT the Warden and the Clerk be and they are hereby authorized to execute and deliver on behalf of the Corporation of the County of Essex, agreements relative to tendered contracts for the construction and maintenance or supply of materials for the construction and maintenance of County roads and bridges, and that the acts of said officers of this Corporation who may have already executed and delivered the said Agreements are hereby ratified and confirmed as the acts of this Corporation. 2. This By-law hereby repeals all by-laws inconsistent with this by-law.