HomeMy WebLinkAbout11 086 Road Establishment (Huron Terrace Bridge) By-law THE CORPORATION OF THE MUNICIPALITY OF KINCARDINE
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BY-LAW
NO. 2011 — 086
BEING A BY -LAW TO ESTABLISH A PORTION OF A ROAD ALLOWANCE
AS PART OF THE PUBLIC HIGHWAY SYSTEM FOR THE MUNICIPALITY OF
KINCARDINE
WHEREAS Section 31 (2) of the Municipal Act, 2001, S.O. 2001, c. 25, as
• amended (the "Act "), provides that land may only become a highway by virtue of
a by -law establishing the highway;
AND WHEREAS the County of Bruce is an upper -tier municipality that had
jurisdiction over Huron Terrace Bridge, and 30 metres of approach on each end
of the bridge, located in the Municipality of Kincardine;
AND WHEREAS pursuant to Sections 52 (4) and (5) of the Act, an upper -tier
municipality may remove a highway from its system and if removed, the highway
is under the jurisdiction of the lower -tier municipality in which the highway is
located;
AND WHEREAS the Municipality of Kincardine and the County of Bruce entered
into an agreement in September 2008 regarding the reconstruction of the Huron
Terrace Bridge setting out in Section 15 that following the completion of the
maintenance period of the bridge replacement and road improvement project that
the County of Bruce would transfer jurisdiction of the bridge to the Municipality of
Kincardine;
• AND WHEREAS the County of Bruce passed By -law Number 2010 -051
removing the bridge, and 30 metres of approach on each end of the bridge, from
its Highways System and transferring jurisdiction to the Municipality of
Kincardine;
AND WHEREAS it is desirous to establish the aforementioned bridge and
approaches as part of the Municipality's public highway system;
NOW THEREFORE the Council of The Corporation of the Municipality of
Kincardine ENACTS as follows:
1. The Corporation of the Municipality of Kincardine accepts jurisdiction for
the Huron Terrace Bridge, and 30 metres of approach on each end of the
bridge, and does hereby establish this land as a highway as part of the
Public Highway System of the Municipality of Kincardine.
2. The said portion of highway shall become part of the Huron Terrace right
• of way and be known as Huron Terrace.
3. That this by -law shall become effective upon its final passage by the
Council of the Municipality of Kincardine.
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Road Establishment (Huron Terrace Bridge) By -law
By -law No. 2011 -086
4. This by -law may be cited as the "Road Establishment (Huron Terrace
• Bridge) By -law ".
READ a FIRST and SECOND TIME this 15 day of June, 2011.
Mayor Clerk
READ a THIRD TIME and FINALLY PASSED this 15` day of June, 2011.
ayo Clerk
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