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800 / / COUNTY OF ELGIN 800 By-Law No DOMINION NATURAL GAS COMPANY TO LAY PIPES TO AUTHORIZE THE .. WHEREAS the Dominion Natural Gas Company Limited, hereinafter called the Company, is a Corporation duly or- ganized and existing under the Laws of Ontario for the pur- pose among others of constructing, maintaining and operating works for the production, sale and distribution of Natural Gas for the purpose of light, heat and power ON COUNTY BRIDGES AND WHEREAS under and by virtue of certain By- Laws of the Villages of Vienna and Port Burwell and of the Township of Bayham, the said Company has been granted per- mission to lay and maintain mains and pipes for the trans- mission of natural gas through, under and along the streets highways and public places of the said municipalities for the transmission of natural gas AND WHEREAS the said Company has laid and is maintaining systems of main pipes for the distribution of such gas in said Villages and is about to lay mains for the transmission of such gas through said Villages and Town- ship to the Town of Tillsonburg and elsewhere AND WHEREAS in the construction of its pipe line system it is necessary for the Company to lay and maintain mains and pipes along and across certain bridges and the approaches thereto for 100 feet at both ends of each of said bridges crossing Big Otter Creek, which said bridges and ap- proaches are the property of the Corporation of the County of Elgin NOW THEREFORE the Municipal Council of the Cor- poration of the County of Elgin doth hereby enact: 1. Subject as after mentioned and to the pro- visions of 9 Edition VII, Chapter 75, permission is hereby granted to the said Company, its successors and assigns to construct and thereafter maintain (a) A main pipe not to exceed 2 inches inside diameter along and across the bridge and approaches thereto as aforesaid crossing Big Otter Creek on Bridge Street in the Village of Port Burwell. A main or pipe not exceeding 4 inches in- along and across the bridges and approaches (b) side diameter (Cont'd) By-Law No. 800 Page 2 thereto as aforesaid crossing Big Otter Creek in the Village of Vienna for the conveyance of natural gas and to convey natural gas therein for the period of 25 years from and after the passing of this By-Law PROVIDED always that this By-Law shall not have any force or effect unless and until theCompany shall have executed and delivered to the Corporation an Agreement in the form hereto annexed as Schedule "A" and the Warden is hereby authorized to execute and deliver such agreement under Seal of the Corporation counter-signed by the Clerk when and as soon as the same has been executed by the Company. Passed this 16th day of June A. D. 1911. K. W. McKay Syd. S. McDermand Clerk Warden Passed 16th, June, 1911. Certified - K. W. McKay County Clerk Included was a copy of the Agreement for Franchise, the first part of which is a copy of By-Law No. 800, the second part is Schedule "A (Cont'd) Page 3 800 By-Law No A MEMORANDUM OF AGREEMENT made in duplicate this of June A. D. 1911 SCHEDULE day BETWEEN The Dominion Natural Gas Company (Limited) a body corporate and politic organized and existing under the Laws of the Province of Ontario hereinafter called the Company, OF THE FIRST PART: hereinafter and The Municipal Corporation of the County of Elgin, called the Corporation OF THE SECOND PART WHEREAS by a By-Law of the said Corporation passed on the 16th day of June A. D. 1911, and numbered 800, permis- sion was granted to the said Company, its successors and as- signs to construct and thereafter maintain (a) a main or pipe not exceeding 2 inches inside diameter along and across the bridge crossing Big Otter Creek on Bridge Street in the Village of Port Burwell and along and across the approaches of said bridge for 100 feet at each end thereof and (b) a main or pipe not exceeding 4 inches inside diameter along and across the bridges crossing Big Otter Creek in the Village of Vienna and along and across the approaches of each of said bridges for 100 feet at each end of each bridge for the conveyance of natural gas and to convey natural gas therein for the period of 25 years from and after the passing of said By-Law subject to the condition that such By.·Law should not come into opera- tion and effect unless and until the said Company shall have entered into an Agreement in writing under Seal with the said Corporation in the terms and containing the conditions and pro- visions hereinafter set forth. AND WHEREAS this Agreement is made and entered into pursuant to the said By-Law and by way of performance of the condition precedent to the coming into operation of the same NOW THEREFORE the said Company and the said Corpora- tion hereby mutually covenant, promise and agree to and with each other in the manner following, that is to say: (Cont'd) Page 4 800 By-Law No 1 The Company may break up, dig and trench so much and so many of the approaches to said bridges as may be necessary for laying down said mains or pipes or for taking,up, altering or repairing the same as the Company shall deem expedient doing no unnecessary damage in so doing and taking care to preserve free and uninterrupted passage along said approaches and bridges while such work is in progress and finishing said work and placing the said approaches in as good condition as before the commence- ment of the said work without any unnecessary delay. 2 In the prosecution of the opening up of any of such ap- proaches, the Company will not obstruct, molest, damage or interfere with any of the constructions belonging to the Cor- poration but will use all proper measures to protect the same and leave them in as good condition as they were immediately prior to the prosecution of said work, using due and proper dili- gence in so doing, and shall without delay clear the said ap- proaches of all dirt or rubbish casued by or resulting from the performance of any works done by it under the powers by the said By-Law conferred. 3. The said mains or pipes shall be of steel or cast iron tested to a pressure of one thousand pounds to the square inch and the portion thereof laid upon the said bridges shall be new pipe and after being places in position shall receive two coats of paint of the same color as the respective bridges. 4. The Company shall erect suitable and sufficient barriers and place proper and sufficient lights around all excavations made by it in the prosecution of the work to prevent accidents to all persons, animals and vehicles using the said bridges and approaches 5. All work in connection with the laying, maintaining, re- newing and repairing of the said mains or pipes and the con- tinued supervision of the same shall be performed by and all costs and expenses thereby incurred be borne and paid by the Company. 6. The Company shall at all times maintain the said mains or pipes in good working order and condition and so that no damage shall be caused to the property of the Corporation and so that the passage along or across the said bridges and approaches shall not be obstructed or the usefulness or safety of the same be impaired or the full use or enjoyment thereof be in any way interfered with. 7. Before the work of laying, renewing or repairing the said mains or pipes is begun, the Company shall give the Corporation at least 48 hours prior notice thereof in writing so as to en- able the Corporation to appoint an Inspector to see that the (Cont'd) Page 5 800 No By-Law work is performed in such a manner as shall in all respects comply with this Agreement 8. The Company shall assume and be responsible for all risk or accident, loss or injury or damage of every nature what- soever which may happen or be in any way caused by reason of the negligence of the Company, its servants or agents in con- nection with the laying. maintenance , renewal or repair of the said mains or pipes of the use thereof or by any failure on the part of the Company to observe at all times and fully per- form in all respects the terms and conditions of this Agree- ment. In the event of any proceedings being taken to quash or set aside the By-Law or this Agreement, théCompany shall indemnify the Corporation against the payment of all costs, damages or expenses which the Corporation shall sustain or be put to by reason or on account of such proceedings, or any action or suit at law for that purpose 9. The Company shall repay to;the Corporation all sums paid by it to the Engineer, Road Commissioner or other officer of the Corporation for services by him or them in connection with the Company's work or the necessary work of inspection or supervision under this Agreement and shall also repay the costs, charges and expenses of the Solicitor of the Corporation -of and incidental to the drawing and passing of the said By-Laws and of this Agreement. 10. If the Company shall commit a breach of any of the pro- vision of this Agreement, the Corporation may give notice in writing specifying the breach complained of and of the intent of the Corporation to determine the franchise hereby granted unless the Company shall within one month thereafter remedy the said breach and in case the Company shall within the said period fail to remedy the same, the said franchise and the privileges hereby granted shall at the option of the Corporation after the expiration of the period mentioned in such notice wholly cease and determine without the Corporation being liable to the Company for any compensation or damage for such for- feiture and the Corporation may thereupon formally repeal the said By-Law and cancel this Agreement 11. Upon the expiration or other determination of the franchise hereby granted the Company shall if requested by the Corporation so to do, remove its property from the said bridges and approaches and shall restore such approaches to as good condition as the same were in before such removal without cost to the Corporation and in default thereof the Corporation may remove the same or any .:::= part thereof and may charge the cost of such removf1 and of the restoration of the said approaches to the Company and the same shall be payable by the Company to the Corporation forthwith- thereafter. (Cont'd) /7 Page 6 800 By-Law No 12. In laying, maintaining, renewing or repairing the said mains.ór pipes, the Company shall conform to all reasonable regulations that the Council of the Corporation shall make with respect thereto, it being the intention of this Agree- ment that the Corporation shall have full control of the location of said mains and pipes on said bridges and approaches; in case the Council shall hereafter determine to do any work on any of the said bridges or approaches where any of the said mains or pipes are laid, the Company shall forthwith at its own expense move such pipes or any of them as requested by the Council so that such work may be done at the point or place de- termined upon by the Corporation. 13. All mains and pipes shall be laid not less than six inches below the surface of the said approaches unless otherwise di- rected or permitted by the Corporation 14. The conditions and obligations of this Agreement shall extend to and bind the Company, its successors and assigns. 15. Ahd the Company observing and performing the conditions and covenants on its part to be observed and performed, the Corporation covenants with the Company not to repeal, alter or amend the said By-Law or revoke any of the privileges thereby granted without the consent in writing of the Company. 16. If any dispute shall arise between the Company and the Corporation as to the manner in which the said pipes are being laid, maintained, renewed or repaired, the same shall be re- ferred to the Engineer of the Corporation whose decision shall be final and binding. IN ívITNESS WHEREOF the Company has hereunto affix- ed its seal under the hands of its proper officers in that be- half and the Corporation has affixed its seal under the hand of the Warden countersigned by the Clerk. Ltd. The Dominion Natural Gas Co By .F. Iv. Lowry Vice-President Attest Arthur J. Devlin Secretary McDermand Syd. S Warden K. W. McKay County Clerk 1911 D A Dated June COUNTY OF ELGIN -and- DOMINION NATURAL GAS COMPANY AGREEMENT FOR FRANCHISE