1158
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BY.LAW :NO. 1158
.4 By-law to authorize an Agreement between the
Oorporation of the County of ~lgin and ---
Southern Ontario Gas Oompany Limited.._.
WHERE.(I.J:¡ the oorporation of the County of Elgin has
joint jurisdiction with the Oorporationof the Oounty of
Middlesex ~yer the bridges, approaches and highways thereon
across the Thames River commonly called and known as the
Graham Road :Bridge and Walker'S Bridge.
.AND WHEREAS --- Southern Ontario Gas oompany Limited.
hereinafter referred to as the Company, has applied to the
said oorper ation for the franchise, right or privilege of
using and occupying the said bridges for the purposes and
subjeot to the terms and conditions set forth in the agree-
ment hereinafter mentioned.
AND WHEREAS the Oounoil of the oorporation of the
County of Elgin deems it advisable to grant said request and to
enter into said agreement.
BE IT THEREFORE ENAOTED and it is hereby ene.oted by the
Oouncil of the Oorporation of the County of Elgin in pursuanoe
of the premises and of the powers in said Oounoil vested and so
far only as such powers extend and not otherwise:
1. That the Warden and Olerk are hereby authorized and
instruoted on behalf of the Oo:rporationtó enter into, execute,
seal with the Corporate seal and deliver the .4greement set
forth in Sohedule "All hereto between the, Oompany and the Oor-
poration of the oounty of Elgin, whioh Agreement is hereby
inoorporated in and forma part ofthia By-Lß.w. ,-
passed the tweilifthday of June 1931.
:p/~. 7CM/
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Clerk' Warden
-
~~.QdJ) ,%.~~ð- Q,3-<ß
This is ª01{EDULI!; "4" referred to in
~y~l~w Ne¡¡. 1158 of the oounty of
Elgin and incorporated therein and
therewith.
THTS AGREEMENT made in triplicate this 12th day
of .Tune 1931.
THE OORPORATION OF THE OOUNTY OF. ELGIN, here inafter
called the Corporation of the F:ir st Part; and
SOUTHERN ONTARIO GAS COMPANY; LIMITED, hereinafter
called the Company of the Seoond Part.
WHEREAS the bridges over the River Thames oommonly
called and known as the Graham Road Bridge and Walker's Bridge
and the highways thereon are under the jOint jurisdiction of
the Corporations of the Oounty of E¡gin and the county of:
Middlesex.
AND WHEREAS the company purposes to construct,
maintain and operate a gas transmission line, work or system
to transpor.t gas from areas north of the said River southerly
across the said bridges to a junction with the company&s
transmission lines carrying gas· easterly to the City of Hamilton
and elsewhere and for the purpose of and as part of said prop~
osed line, work or system has applied to the Oorporation for the
right to use and oooupy the said bridges, and highways thereon.
AMI) WHEREAS by~By~Laws duly passed by thE! Municipal
Oounoil of the said Oorporation the Olerk and Warden of each of
the said Corporationlshave been authorized and d1~ected to ex~
ecute, seal and deliver this Agreement on behalf of the Cor~
poration.
1. NOW THEREFORE THIS AGREEMENT WITl'JESSETH that the said
Oorporation doth to the extent of its powers only hereby grant
to the Company, its Sucoessors and Assigns, the right to use and
occupy the said bridges, the approaohes thereto and so much of
the highways thereon as is under its jurisdiction and upon eaoh
of said bridges and approaohes to o onstruct , maintain and operate
a main pipe line of suoh weight and diameter as may be approved
by the "Road Superintendent" of the corporation for the
...¡::;-
tra.nsmission of gas and to transmit ga.s therein upon the termS
and conditions following:
2. ~heOompany shall for the purposes e.foresaid use
and employ pipe and equipment of the best design and materials.
and shall at all times keep and maintain the same in proper
and sufficient repair.
3. :»efore constructing the pipe lines hereby authorized
the oompany shall file with the Olerk of said Oorporation a
plan drawn to seale and a.pproved by its Engineer showing the
proposed location of said pipe lines on said bridges and approaches
."
and in laying and construoting said pipe lines shall act under
the direction and to the satisfaotion of such person or persons
as shall be appointed by said Oo:r:poration to superintend
suoh work, the reasonable remuneration of suoh person or persons
so appointed to be paid by the Qompany on reoeipt of an acoount
therefore duly oertified by the Olerk of said Corporation.
4. TheOOmpa.ny shall oonstruot, maintain and operate
¡¡jaid pipe line in suoh manner as not to interfere with or prevent
or make more difficult or dangerous the use for all lawful
purposes of the said bridges and approaohes and highways thereon.
6. The aOl!lpany ¡¡¡hall from time to time and at all times
during the period for which the rights and privileges hereby
granted are cont inued save harmleåå and keep indemnified the
said Corporation from and against all aotions or suits, loss.
coats (&S between solieitor a.nd cl~êntl charges, damages and
E¡xpensea whieh may be brought against or oocasioned tot he said
qorpor!!.tion or any person lawfully using said bridges whether
or not by reason of any negleet, default or miscondut of the
Oompany. its servants or agents or otherwise in construeting,
maintaining or operating the said pipe line.
6. S.hould the Qorporation at any time during the life
of this Agreement determine tQ repair, alter or replace said
bridges or either of them the comp!!,ny, upon the written
request of the corporation, its road superintendent or engineer
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will, at its own expense notwithstanding the provisions of
R.S.Q. 1927, Opapter 56, remove and relocate its said pipe lines
so as to permit of such repair, ~lteration or replacement. If
~fter reasonable notice in writing from the Road Superintendent
or :Engineer of the Oorporation so to do the Oompany shall
fail to remove or relocate its said pipe or to do any other
work required of it under said By..Law or this agreement and
$pecifie(i in suóh notice theqorpóration may do the work
specified in the notice a.nd the cost thered shall be forth-
with payable by the Oompany to the Oorporation and if after
written notice requiring the Company to remove or reJ.ocate
its pipe or to do any other work required of it under said
BY-Law or this agreement and specified in such written notice
by the Oorpor~tion to the Qompa.ny, which notice shall be given
by sending the same by registered mail addressed to the Company,
51S Jackson Building, 220 Delaware AVenue, Buffalo, ~ewYork,
the oompany fails for a reasonable period and not exceeding
thirty days in any event after the mailing of such registered
notice, to remove or relocate the pipe specified in the notice
or to do the work required of it under said :aY-Law or this
agreement and specified in the notice, then a.ndin that event
the Corporation may by resolution c.ancel the franchise hereby
granted.
7. The OOll;lpany may at any time and upon the termination
of this Agreement shall remove its property from the
said bridges or either of them in which instance it shall
restore said bridges to as good condition as the same were in
before such removal wi :thout cost to the Corporation.
S. The Franchise, right or privilege hereby granted
shall be for the term of ten (10) Ye~rs from and after the
passing of said By-LaW, provided that if ~t least six months
prior to the expiration of the said term of ten years, the
09mp~ny shall notify the Corporation in writing that it desires
a renewal thereof for a further period of ten years, the same
may at the option of the corporation be renewed a.ccordingly.
granted are not to be deemed or oonstrued as exolusive in
favour of the Company.
IN W1;TNESS ~OF the Company has hereunto
affixed i tw oorporate seal under the hands of its lIt' opel'
offioers in that behalf and the Corporation has hereto affixed
its oorporate seal under the hands of its Warden and. Clerk.
SIGNED, SJ!JALED and DELIVERED )
)
in the presence of )
":? 7L
! /i .' ~Warden
(Seal) )~ ~'¿7
). Clerk
)
)
ISOU~HERN GAS
) C01lP,ANY
(Seal) ~:Y
H
12.
The FJ;'anchise,
rjghts
and privileges hereby
J
after the final passing of said By-Law and exeoution and
delivery of this Agreement.
/'
This agreement shail come into foroe
11.
extend to benefit
L:_.:.':··...··....·.·,.::··.·,;
.. assigns.
and
bind
and obligations
the Company,
:from and
hereby iij¡.posed
it sei.1Ccesf3or.EI
and
granted andlia,bilities
shall
10.
9. ~he sa1d By-LaW and this Agreement issubj ect
to all statutes, orders or rules made or to be made by
lawfully constituted authority having jurisdiction. in the
premises.
T:ile Franohise
,
rjghts
and privileges hereby