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THE CORPORATION OF THE COUNTY OF ESSEX <br />BY -LAW NUMBER 26 -2011 <br />A BY -LAW TO AUTHORIZE THE EXECUTION OF <br />AGREEMENTS RELATIVE TO TENDERED CONTRACTS <br />FOR THE CONSTRUCTION AND MAINTENANCE OR <br />SUPPLY OF MATERIALS FOR THE CONSTRUCTION <br />AND MAINTENANCE OF COUNTY ROADS AND <br />BRIDGES <br />WHEREAS Section 5(1) of the Municipal Act, 2001, S.O. 2001, c.25 <br />as amended, states that the powers of a municipality shall be <br />exercised by its council; <br />AND WHEREAS Section 5(3) of the Municipal Act, 2001, S.O. 2001, <br />c.25 as amended, states that a municipal power shall be exercised <br />by by -law; <br />AND WHEREAS Section 44 (1) of the Municipal Act, 2001, S.O. <br />2001, c.25 as amended, directs that the municipality that has <br />jurisdiction over a highway or bridge shall keep it in a state of <br />repair that is reasonable in the circumstances, including the <br />character and location of the highway or bridge; <br />AND WHEREAS funds for the 2011 Essex County Road <br />Rehabilitation Program were approved in the 2011 Essex County <br />Estimates which were adopted on March 2, 2011; <br />AND WHEREAS maintenance and construction contracts are <br />awarded in accordance with the County of Essex Purchasing Policy <br />#04 -002, enacted on December 15 2004, by virtue of By -law <br />#63 -2004 and amended by By -law #46 -2007; <br />NOW THEREFORE the Council of the Corporation of the County of <br />Essex enacts as follows: <br />1. THAT the Warden and the Clerk be and they are hereby <br />authorized to execute and deliver on behalf of the <br />Corporation of the County of Essex, agreements relative <br />to tendered contracts for the construction and <br />maintenance or supply of materials for the construction <br />and maintenance of County roads and bridges, and that <br />the acts of said Officers of this Corporation who may have <br />