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THE CORPORATION OF THE COUNTY OF ESSEX <br />BY -LAW NUMBER 23 -2004 <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 AND <br />MAINTENANCE OF COUNTY ROADS AND BRIDGES. <br />WHEREAS Section 5(1) of the Municipal Act, 2001, S.O. 2001, c.25 as amended, <br />states that the powers of a municipality shall be exercised by its council; <br />AND WHEREAS Section 5(3) of the Municipal Act, 2001, S.O. 2001, c.25 as <br />amended, states that a municipal power shall be exercised by by -law; <br />AND WHEREAS Section 44 (1) of the Municipal Act, 2001, S.O. 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 />AND WHEREAS funds for the 2004 County Road Construction Program were <br />approved in the 2004 Essex County Estimates which were adopted on March 31 <br />2004; <br />AND WHEREAS the 2004 County Road Construction Program was approved by <br />County Council on April 21 s `, 2004; <br />AND WHEREAS maintenance and construction contracts are awarded in <br />accordance with Sections 68 to 72 of By -law No. 01 -99, being a by -law to <br />provide rules governing the order and proceedings of the Council of the <br />Corporation of the County of Essex; <br />NOW THEREFORE the Council of the Corporation of the County of Essex <br />enacts as follows: <br />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 confirmed as <br />the acts of this Corporation. <br />2. This By -law hereby repeals all by -laws inconsistent with this by -law. <br />