THE REGIONAL MUNICIPALITY OF PEEL
 
BY-LAW NUMBER 42-2003
 
A by-law to consent to the construction, ownership, operation, maintenance, repair and improvement (including acquisition of lands) by the County of Dufferin of a new two lane limited access arterial road through the Town of Caledon from Dufferin County Road 109 west of Orangeville, easterly to Highway 10, pursuant to section 19(2) of the Municipal Act, 2001.


WHEREAS the County of Dufferin wishes to undertake the construction, operation, maintenance, repair and improvement (including the acquisition of lands) by the County of Dufferin of a new two lane limited access arterial road through the Town of Caledon from Dufferin County Road 109 west of Orangeville easterly to Highway 10;

AND WHEREAS subsection 19(2) of the Municipal Act, 2001 (the "Act") permits a municipality to exercise its powers, other than its power to impose taxes, to provide a municipal system (including roads) for its own purpose in an area of another municipality, provided that where the other municipality is a lower tier municipality both the lower tier and upper tier municipalities provide their consent if they both have jurisdiction;

AND WHEREAS the Regional Municipality of Peel and the Town of Caledon both have jurisdiction over roads;

AND WHEREAS subsection 19(3) of the Act provides that consent under subsection 19(2) of the Act may be given subject to such conditions and limits on the powers to which the consent relates, as may be agreed upon;

AND WHEREAS the Council of the Regional Corporation has by resolution on the 10th day of July, 2003 granted such consent, subject to the negotiation and execution of an agreement between the Regional Municipality of Peel, the County of Dufferin, the Town of Caledon and the Town of Orangeville on terms satisfactory to the Commissioner of Public Works, the Commissioner of Planning and the Regional Solicitor, and further authorized the negotiation and execution of all necessary agreements and documents;

AND WHEREAS an agreement has been negotiated on terms satisfactory to the Commissioner of Public Works, the Commissioner of Planning and the Regional Solicitor, as attached in Schedule "A" hereto;

NOW THEREFORE, the Council of the Regional Municipality of Peel hereby enacts as follows:

1. The Region hereby consents to the construction, ownership, operation, maintenance, repair and improvement (including the acquisition of lands) by the County of Dufferin of a new two lane limited access arterial road through the Town of Caledon from Dufferin County Road 109 west of Orangeville easterly to Highway 10, as provided for in subsection 19(2)(iii) of the Act, subject to the execution by all parties of the agreement attached as Schedule "A" hereto between the Region, the County of Dufferin, the Town of Caledon and the Town of Orangeville, and subject to the terms and conditions contained therein.

2. The Region's duly authorized signing officers are hereby authorized to execute the agreement attached as Schedule "A" and such other documents and agreements as may be necessary or desirable to carry out the intention of this By-law.

 

READ THREE TIMES AND FINALLY PASSED IN OPEN COUNCIL this 10th day of July, 2003

B. Zeran
________________________

Deputy Clerk

E. Kolb
______________________

Regional Chair