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1351 I By-law No. 1351 o:f The corporation of the County of Elgin , A By-law to authorize the Central Pipe Line Company Limited (hereinafter oalled the company) to construot, .use and operate works for the transmission of gas. FINALLY PASSED this 21st day of November, A.~., 1940. WHEREAS the Company has requested the Corporation of the County of Elgin, to grant to it a franohise or right of entering upon the Highways now or hereinafter within the jurisdiction o:f the said Corporation for the purpose of constructing gas lines, works or systems for the transmission of gas, and the right to construct, use and operate works for the said purpose. AND WHEREAS subject to the terms and oonditions here_ after set forth, the Council of the .said Corporation has agreed to grant the said Franohise. BE IT THEREFORE ENACTED by the counoil of the Corporation of the County of Elgin as follows:- 1. The consent, permission and authority of the Corporation of the County of Elgin, hereinafter oalled "The Corporation" are hereby given and granted to "The Central Pipe Line company Limited" to enter upon the Highways now or hereafter within the jurisdiction of the said corporation and to lay, eonstruct, maintain, operate and repair such mains, and pipes therein as the Company may require for the transmission of Gas in and through said County, together with the right to construct, maintain and repair all necessary regulators, valves,curb boxes and safety applianoes and other appurtenances neoessary in connection therewith, and to construct, use and operate upon the said Highway all other works required for the transmission and collection of gas not intended for sale or useexc.ept to persons whose lands abut on the highway, along 0:1:' aoross whioh the same is carried or conveyed. SUBJECT at all times to the conð,i tions set out in tb,e Agreement to be entered into in perßuanoe to this by-law. 2. The Ward.en and Clerk of 1¡he liorporat ion are hereby authorized and. empowered. to enter into and exeoute on behalf of the Corporation an Agreement in the form hereto annexed and. to affix thereto the oorporate seal of the Corporation. 3. This By-law shall come into foroe and. take effeot immediately after the Agreement hereto annexed shall have been executed. by the parties hereto. /L ~ - ~...;/.~.~. ~ . Warden Olerk i i I: I , " " , I, L , , " '" i , I 'I I ¡r II Iii II Il' II I! I' ¡I !I, )1 I ~ Warden - _ '_ Ý- ,Ø ~Cl;rk - - - ..... .... 3. THIS BY...LAW shall come into force and take effect immediately after the Agreement hereto annexed shall have executed by the parties hereto. been 2. THE WARDEN and Clerk of the Corporatmon are hereby authorized, and empowered to enter into ãnd execute on behalf of the Corporation an Agreement án the form hereto annexed and to affix thereto the corporate seal of the Corporation. 1. The consent, permission and authority of the Corporation of the County of Elgin, hereinafter called"THE CORPORATION" are hereby given and granted to "THE CENTRAL PIPE LINE COMPANY LIMITED" to enter upon the Highways now or hereafter within the'jurisdictionof the said Corporation and to lay, construct, maintain, operate and repair such mains, ~ndpipes therein as the Company may require for the transmission of Gas in and th~ough said County, together with the right to construct, maintain and repair all necessary regulators, valves, ourb boxes and safety appliances and other appartenances necessary in connection therewith, and to construct,~se and, operate upon the said High- way all other works ,required for the transmission and collection of (gas:, not intended for f1ale or use except to persons whose lands abut on the highway, along or cacross which the same is carried or, conveyed. SUBJECT at all times to the conditions se,t out in the Agreement to be entered into in persuance to this B;y...law. BE IT, THEREFORE ENACTED by the Council of the Corporation of the County of Elgin as follows:~ AND WHEREAS subject to the terms and conditions hereafter setforth, the Council of the said Corporation has agreed to grant the said Franchise. WHEREAs the Company has requested the Corporation of the County of Elgin, to grant to , it a franchise or right of entering upon the Highways now or herelnafter within the jurisdiction of the said Corporation for the purpose of eonstruetinggas lines, works or systems for the transmission of gas, and the right to construct, use and operate works for the said purpose. FINALLY PASSED this ¡I ~ day of November, A. D. , 191¡O. A BY-LAW to authorize the Central Pipe (hereinafter called the Company) to construct, works for the transmission of gas. Line Company Limited use and operate THE CORPORATION OF THE , OF ELGIN. )', COUNTY -of- BY-LAW NUMBER - " 3. The said pipe lines shall be laid along the Highways ih lo- cations and in such manner as shall be approved by the Warden of the Corporation for the time beingt or the Road SUperintende~ or such other officer as may be appointed by the Council of the Corporation for that purposet and the charges of such Wardent Road SUperintendent or other offieer attending to give such approval shall be paid by the Company. The Company shall file a plan in the office of the County Clerkt showing the location and depths of all pipe lines laid by the Company on all highways under the jurisdiction of the County and shall file a similar plan in the office of the Clerk of the Township through whieh such pipe lines pass. 2. The Franehise hereby granted shall be for a term of ten (10) years from and after the final passing of this By-law and so long thereafter as the said lines are in actual use for the tren s-" portation of Gas. 1. NOW THEREFORE THIS AGREEMENT WITNESSETH that in eonslder- ation of the premises and of the performance of the covenants and obligations hereinafter contained on the part of the said CompanYt the said CorporatiOh does hereby grant unto the said CompanYt its successors and assigns, full rightt power, permissio~ and oonsent to enter upon the Highways now or hereafter within jurisdiction of the said Corporation and to lay, construct, maintain, operate and repair such mains, and pipes therein as the Company may require for the transmission of Gas in and through said Oounty, together with the right to construct, maintain and repair all necessary regulators, valves, curb boxœ and safety appliances and other appurtenances necessary in connection therewith, and to construct, use and operate upon the said Highway all other works required for the transmission and collection of gase not intended for sale or use except to persons whose lands abut on the highwaYt along or acròss which the same is carried or conveyed. AND WHEREAS the said Corporation has, by BY-LAW passed on the ~lnt day of November, A.D., 1940, granted the said franchise from and after the date of the execution of this Agreement, and has authorized and empowered the Warden and Clerk of the said Corporation to execute this Agreement and to affix thereto the Corporate seal of the Corporation. WHEBEAS the Oompany requested the Corporation of the County of Elgin, to grant to it a franchise or right to enter upon the Highways now or hereafter within the jurisdiction of the said Corporation for the purpose of constructing lines, works or systems for the transmission of gas, and the right to con- struct, use and operate works for the said purpose. THE CENTRAL PIPE LIN~: OOl\IIPANY LIMITED, hereinafter called THE COMPANY OF THE SECOND PART. -and- THE CORPORATION OF THE hereinafter called THE OF THE FIRST PART. COUNTY OF ELGIN., CORPORA.TION BETWEEN: A.D. THIS AGREEMENT 1940. ;22~ made this day of I L I I.) I I '~r~""""''' Iii, 9- UPON the termination of this Franchise for any euase what- ever, the Company shall after Six months written notice by the Corporation addressed to the Company, by registered mail at Chath- am, Ontario, requesting it so to do shall remove its mains, pipes and works from the streets and highways of the Corporation and re- store such streets and highways to the condition in which the same were previous to such removal and to the satisfaction of the Warde~ or the Road Superintendent. Provided that if such mains, pipes, plants and works and all other equipment of the Company are not removed by the Company within one (1) year after the date of maili of such registered notice to remove, all such mains, pipes, plants, works and equipment shall forthwith be forfeited to and become the absolute property of the Caporation and dealt with or disposed of a the Corporation may think proper, and for the sole use and benefit of the Caporation, and the Corporation shall in no way be liable to accountto the Company for anything so seised, possessed or forfeited. 8. And the Company shall indemnify and save harmless the Corp- oration against all actions or suits, all loss, costs, damages and expenses which the Corporation may bear, suffer, or be put to by reason of or in consequence of the construction, operation or maintenance of the works hereby authorized, or any of them, or by reason of anything done by the Company under the powers conferred upon it by the By-law above ,referred to, or by reason of any fail- ure on the part of the Company to observe or.perform the obligatio~~ imposed upon it by the said By-law, and will pay any judgment and costs obtained against the Corporation in respect to any of the matters aforesaid whether founded on negligence or otherwise. 7. The Company shall use all practical and proper means to prevent the escape and leakage of gas from its mains, pipes and the causing of any damage or injury thereby to any person or property and the Company will make good to the Corporation and all persons affected, all damage which they may be caused by the works or operations of the Company or by reason of any leakage of gas from the pipes. 6. UPON the laying down of the said pipe-lines or the con- struction of other works hereby authorized, or taking any of the same up, or moving the same from place of place in any Highway, the Highway shall be left in as safe and good a state of repair as it was before it was entered upon or opened, notwithstanding that it may be necessary for the Company, by its agents, to return from time to time and fill in the Highway when the same may have settled to the satisfaction of the Road Superintendent of the Corp~ oration. 5. ALL REGULATORS, valves, boxes or any other applignces or appurtenances used by the Company in connection with the trans- mission of gas on the Highways of the Corporation shall only be placed in locations approved ·roy the Warden or Road Superintendent of the Corporation, or such other officer as may be appointed by the Council for the purpose. q 4. ALL pipe lines shall be placed underground below plough depth if required by the Officers of the Corporation along the sides of the said Highways in locations approved by the Officers of the Corporation. Where it shall be necessary to cross any such Highways the pipes shall be plaeed in conduits under the Highway and in no case shall the surface of the highway be broken for the purpose of placing gas mains beneath the travelled portion of the Highway. All pipe lines shall be so placed or constructed as not to obstruct or interfere with the use of any of the Highways or to obstruct or interfere with or cause damage to any sewars, water-pipes, drains, ditches thereon or therein or with any works or improvements or repair thereof or with the roads or bridges to properties confronting thereon. The Warden or Road superintendent shall have the right to order changes in the location of any pipe lines or other appurtenances if the same shall be necessary for the better use of any Highway or for the construction of drains or ditches or other works on such Higliways _2_ >'; <c'\::'!J;''' 10. Nothing herein contained shall be construed as giving or granting to the Company an exclusive franohisefor any or all purposes embraced herein. ¡; .. This By-LAW and the Agreement entered into pursuant there- to is subject to all Statutes, orders, or rules made or to be made by lawfully constituted authority having jurisdiction in the premises. 12. This Agreement shall enure to the benefit of and be bind- ing upon the parties thereto, their successors and assigns, but this Agreement may not be assigned by the Company of the Second Part EXCEPT with the consent in writing of the Corporation of the First Part. IN WITNESS WHEREOF the said parties have caused to be affixed hereto their respective Corporate Seals and the hands of their proper officers in that behalf. SIGNED, SEALED and DELIVERED · The Corporation of the County of · a · Elgin. · in the presence of · · By:d~~~ · · · · · ~þ · · Waréten · · · · · · AND_BY.:-/- #:.. ~ · · · · Clerk. · : : : ; Central Pipe Line Company Limited[, ~ BY:_ ~_.~~ . ~ - - - - · President · · · : ~ ; .AND BY · - - - - - · : Secretary "':p'" -3- '''''''~~'c-'''''''--".....;~~~~.....".,..,.-=-.......~_---.~~-..-. --~~