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801 COUNTY OF ELGIN 801 No By-Law " WHEREAS The Central Pipe Line Company, Limited of the City of Chatham, hereinafter called the Company, is a Corporation duly organized and existing under the Laws of Ontario for the purpose among others of constructing, maintaining and operating works for the production, sale and distribution of Natural Gas for the purposes of light, heat and power, OF THE MUNICIPAL CORPORATION OF THE COUN~'Y OF ELGIN AND WHEREAS under and by virtue of certain By- Laws of the Villages of Vienna and Port Burwell and of the Townships of Bayham and Malahide the said Company has been granted permission to lay and maintain mains and pipes for the transmission of natural gas through, under and along the streets, highways and public places of the said munici- palities 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 Townships to the Town of Aylmer 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, NOT WHEREFORE the Municipal Council of the Corpora- tion of the County of Elgin doth hereby enact, 1. Subject as after mentioned and to the pro- visions of 9 Ed. VII C. 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 bridges and approaches thereto as aforesaid crossing Big Otter Creek on Bridge Street in the Village of Port Burwell ) (Cont'd Page 2 801 By-Law No (b) A main or pipe not exceeding 4 inches inside diameter along and across the bridges and approaches 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 the Company shall have executed and delivered to the Corporation an Agreement in the form hereto annexed as Schedule "A" and the Warden is here- by 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. lVlcDermand 801 not signed or (Cont'd County Clerl~ ) 1911 Syd. S Warden There is a typed copy of By-Law No D McKay Passed this 16th day of June A w Passed 16th. June, 1911. Certified - K McKay Note: sealed K. Iv. Clerk Page 3 801 By-Law No SCHEDULE "A MEMORANDUM OF AGREEMENT made in duplicate this day of A. D. 1911 June BETWEEN the Central Pipe Line Company (Limited) a body corpor- ate and pôlitic organized and existing under the Laws of the Province of Ontario, hereinafter called the Company, OF THE FIRST PART: - and ~ The Municipal Corporation of the County of Elgin, called the Corporation, hereinafter . . WHEREAS by a By-Law of the said Corporation passed on the 16th day of June A. D. 1911 and Numbered 801, permission was granted to the said Company, its successors and assigns to construct and thereafter maintain (a) a main or pipe not ex- ceeding 2 inches inside diame~er 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 ex- ceeding 4 inches inside diametér 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 con- dition that such By-Law should not come into operation and ef- fect 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 provisions here- inafter set forth, OF THE SECOND PART AND WHEREAS this Agreement is made and entered into pur- suant to the said By-Law and by way of performance of the con- dition precedent to the coming into operation of the same, AND THEREFORE the said Company and the said Corporation hereby mutually covenant, promise and agree to and with each other in the manner following, that is to say: 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 (Cont'd) 4 Page 801 By-Law No the said approaches in as good condition as before the commencement of the said work without any unnecessary delay 2. In the prosecution of the opening up of any of such approaches, 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 the said work, using due and pro- per diligence in so doing and shall without delay clear the said approaches of all dirt or rubbish caused 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 placed in position shall received two coats of paint of the same color as the respec- tive 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 pre- vent accidents to all persons. animals and vehicles using the said bridges and approaches 5. All work in connection with the laying, maintaining, renewing 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 ap- proaches shall not be obstructed or the usefulhess or safety of the same be impaired or the full use or enjoyment thereof be in any way interferred with. 7. Before the work of laying, renewing or repairing the said mains or pipes is begun, the Company shall give the Cor.. poration at least 48 hours prior notice thereof in writing so as to enable the Corporation to appoint an Inspector to see that the 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 of accident, loss or injury or damage of every nature whatsoever which may happen or be in any way caused by reason of the negligence of the Company its servants or agents in (Cont'd) Page 5 801 By-Law No connection with the laying, maintenance, renewal or repair of the said mains or pipes or the use thereof or by any failure on the part of the Company to observe at all times and fully perform in all respects the terms and conditions of this Agreement, In the event of any proceedings being taken to quash or set aside the By-law or this Agreement" the Company shall indemnify the Corporation against the pay- ment to 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-Law and of this Agreement. 10. If the Company shall commit a breach of any of the provisions of this Agreement, the Corporation may give notice in writing specifying the breach complained of and of the in- tent 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 privileges hereby granted shall at the option of the Cor- poration after the expiration of the period mentioned in such notice wholly cause and determine without the Corporation being liable to the Company for any compensation or damage for such forfeiture 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 removal and of the restoration of thé said approaches to the Company and the same shall be payable by the Company to the Corporation forthwith thereafter. 12. In laying, maintaining, renewing or repairing the said mains or pipes, the Company shall conform to all reason- able regulations that the Council of the Corporation shall make with respect thereto, it being the intention of this Agreement that the Corporation shall have full control of the location of said mains and pipes on said bridges and approaches (Cont'd) Page 6 801 By-Law No 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 determined 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 other- wise directed 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. And the Company observing and performing the con- ditions and convenants on its part to be observed and per- formed, the Corporation covenants with the Company not to re- peal, 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 referred to the Engineer of the Corporation whose decision shall be final and binding. IN WITNESS WHEREOF the Company has hereunto affixed its seal under the hands of the proper officers in that behalf and the Corporation has affixed its seal under the hand of the Warden countersigned by the Clerk Line Company, Limited. President Poste Secretary The Central Pipe D McDermand A Syd. S. Warden K. W. McKay County Clerk of Elgin -and- County Dated June 26th A.D. 1911 Central Pipe Line Company Agreement of Franchise James 111. Glenn