HomeMy WebLinkAbout02 140 bridge closure penet riv
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THE CORPORATION OF THE MUNICIPALITY OF KINCARDINE
BY-LAW
NO. 2002-140
BEING A BY·LAW TO CLOSE THE BRIDGE OVER THE PENETANGORE
RIVER AT LOT 25 AND 26, CONCESSION 8, MUNICIPALITY OF
KINCARDINE (FORMER TOWNSHIP OF KINCARDINE), COUNTY OF BRUCE
AND KNOWN LOCALLY AS THE MORRIS BRIDGE
WHEREAS the bridge over the Penetangore River at Lot 25 and 26, Concession
8, Municipality of Kincardine (former Township of Kincardine), County of Bruce
and known locally as the Morris Bridge, had deteriorated to a point where it is
necessary to rebuild it;
AND WHEREAS council has decided that the bridge is no longer required for the
public convenience and that the rebuilding of it would entail a larger expenditure
than it would be reasonable, having regard to the use that would be made of the
bridge if it was rebuilt;
NOW THEREFORE the Council of the Corporation of the Municipality of
Kincardine ENACTS as follows:
1. That the bridge over the Penetangore River at Lot 25 and 26, Concession
8, Municipality of Kincardine (former Township of Kincardine), County of
Bruce and known locally as the Morris Bridge not be rebuilt.
2.
That this by-law be subject to the approval of the Ontario Municipal Board
and that application be made forthwith for relief from rebuilding the bridge
pursuant to Section 284 (10) of the Municipal Act.
3. This by-law shall come into full force and effect upon its final passing.
4. This by-law may be cited as the "Bridge Closure Penetangore River Lot 25
and 26 Conc. 8 By-Law".
READ a FIRST, SECOND, and THIRD time and DEEMED TO BE PASSED
this 18th day of September, 2002.
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Clerk
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ISSUE DATE:
July 24, 2003
DECISION/ORDER NO:
1022
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The Municipality of Kincardine has applied to the Ontario Municipal Board under subsection
284(10) of the Municipal Act, R.S.O. 1990. c. M 45, as amended, for relief from rebuilding the
bridge known locally as the Morris Bridge and located over the Penetangore River on Side Road
Number 25 at Lots 25 and 26, Concession 8 in the Municipality of Kincardine
OMB File No. M020032
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B E FOR E:
M. HUBBARD
VICE CHAIR
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Thursday the, 24th
day of July, 2003
THIS MATTER not having come on for pUblic hearing;
AND THE BOARD having received By-law 2002-140 from the Municipality indicating that
council has decided that the bridge is no longer required for the public convenience and that the
rebuilding of it would entail a larger expenditure than it would be reasonable, having regard to
the use that would be made of the bridge if it was rebuilt;
AND THE BOARD having received one objection from Nelson Weber. owner of adjoining lands
on both sides of the bridge, dat$(! December 23,2002, requesting a way through the river in the
absenœof a bridge;---~-
AND THE BOARD having received a letter from Nelson Weber dated July 21, 2003 withdrawing
the objection;
THE BOARD ORDERS that this application be granted and that the Municipality is relieved from
the obligation to rebuild the Morris Bridge located at Lots 25 and 26, Concession 8 in the
Municipality of Kincardine.