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1518 ~-~~_-;;:'::-.I-,,,".-. ~__~ I~ --~--_.- '~ ",-- -'~--.._~-~~-- Port Stanley Harboux or Kettle Creek to plant of the Dominion pose of conveying 0 nand petrole"LUll products and water from I , I' i: " !i Ii , lay, maintain transmission lines, works or systems for the pur- all righ t, power, 8~uthori ty, permission and consent to construct, Dominion Natural Gas Company Limi.ted, its successors and assi.gns, (1) THAT thi.s Council hereby grant, confer and assure unto powers extend, hereby enact as follows: the premises and of the powers in them vested and so far as such COUNTY OF ELGIN duly constituted and assembled in pursuance of NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE ments and regulations as set out in Schedule TIkI! hereto annexed. hereinafter mentioned, subject to the terms, condi tion s, agree- an.d water over, along, upon and under such roads or highways a,s pipes for conveying and di.stributi.ng oil and petroleum products Corporati.on for the right to construct and maintain a system of County roads or highways and the Company Œve applied to the said mentioned are vested in the Corporation of the County of Elgin as AND WHEREAS it appear~ that the highways hereinafter Corporation or legislatt ve authority in that behalf; conditions and regulations upon them imposed by the Charter of In- and privileges in them vested and sub ject to all liabilities, gas for the prupose of light, heat and power wi th all the rights op~rating works for the production, sale and distribution of the purpose amongst other tings of constructing, maintaining and The Ontario Companies Act and other Acts relating thereto, for after called the WHEREAS 'I!Company'" , Dominion is Natural Gas Company Limit,ed, a company dUly incorporated h erein- under Granting certain privileges Natural Gas Company Limited. to Dominion BY-LAW NO .-J.5 II n' '~l*'I"J""N'~'"~if''' J iN>;; (~" THE CORPORATION OF THE COUNTY OF ELGIN 'd'- I I I h !;;:,'-':::-,: i~" -"-.,, - D^ J) C) 'V'f~1R¿. ''7J' - --"-.-- J) . f') -ci,\-c(~ #\<>-, "! 3-33 ; ;(fl, J) By-law. of the Province of Ontario empowers this Council to pass this or until amendment of The Municipal Act executed by the Legislatur 111 validated by an. Act of the Legislature of the Province of Ontario, (5) THIS By-law shall not come into force or effect tmtil which the highway passes. and bridges forming part of the highways, upon, on, over or across (.1\) 1'highway' this by-law shall inclùlÌe streets THE word in in the pTemises . rules made or to be made lawfully constituted having jurisdiction (3) THIS By-law is subject to all statutes, orders and thereto. in pursuance hereof, and to attach the Seal of the Corporation directed to execute this and By-law and the agreement to be prep,ared (2) THAT the Warden the Clerk are hereby authorized and hereto annexed . ations and stipulations set out and contained in Schedule 1fA1' roleum products and water Sub ject to the conditions, regul- incidental thereto for conveying and distributing oil and pet- pipe-lines with all connections or attachments necessary or poration, and to lay, construct, maintain and operate thereon nighway now or hereafter ves ted in or controlled by the said \;or- II .' ~"7 I '/1 Stanley, Natural Gas and for the purpose aforesaid to upe and occupy any Company Limited on -2- Mill Street or Carlow Road, Port ""i"'",',,",tOJ",' I~ SCHEDU.1~'! f To By-law No. of the Corporation of the County of Elgin, referred to in the said By~law hereto annexed. CONDITIONS (1) In laying or constructing the pipe line system, referred to in the said annexed by-law, along said County highways from time to time, the Company shall, wherever practicable, use for that purpose the part of the highways adjacent to the fence lines or outer boundary thereof, and the Company shall bury the same and restore the highways to first-class condition, and the said pipes shall be so buried and the highways so restored unless where the County Engineer of the said County of Elgin or other person ap'pointed by the said County directs otherwise. (2) In the construction, maintenance and repair of the said system the Company shall use due caxe and diligence so that traffic shall not be impeded or inte~ered with any more than is necessary for the construction or repair of the said system, and so that after the said pipe lines have been laid and completed there shall be no obstruction to or interference with all lawful tra.ffic and user on, over and along the highway or to the ditches or drains thereon now or hereafter constructed, improved or main- tained. And where any drains or ditches are considered or made necessary by reason of any work done or omitted to be done by the Company, the same shall be constructed and maintained in good orde by the said Company to the satisfaction of said ~ounty ßngineer or other person appointed by the Council during the continuance of this franchise. (3) The said Company shall be liable for any loss or injury that any person may sustain by reason of the exercise by the Com- pany of any powers or rights under said By-law whether arising through any carelessness, neglect, default or misconduct or other- wise of its agents, servants, or employees in the management, -2- construction, maintenance, laying or Use of its pipe lines, and the said Company shall indemnify, Save and keep harmless the said Corporation of the County of Elgin from any damage, claim or de- mand that may be claimed by property holders or any person or per- sons on account of the laying of its pipe lines incidental thereto or the use thereof, and shall indemnify the said Corpo:ration against all loss,costs, damages and expenses the 0orporation may pay, incur or be put to by reason of any claims, damages or in- jury resulting from or occasioned by, or in consequence of the construction, la~ing, conditlon or operation of said pipe lines or incidental thereto, provided, however, that the Company shall have reasonable notice and an opportunity to defend. (4) The rights conferred uporj the said Company by the said By-law and the Agreement to be executed in pursuance thereof, shall be subject to the right to the free use of the said high- ways by all persons entitled thereto and subject to the rights of the owners of pIDoperties adjoining the said highways of full access to and from such highways, and of constructing crossings and approaches from their propertles thereto, and shall be subject also to the rights and privileges which th€ said Corporation may grant to any other compani€s or persons to lay pipes, erect poles,.. string any kind of wires for any purpose, or construct railways on sa:i.d highways, all of which rights are expressly re- served; and the Company shall lower or move their pipes wherever the County may hereafter deem necessary for any such purposes, b~t any such right hereafter granted shall be subject thereto, and to all rights owned by the Company prior to the passing of this By-law. ( 5) ~he rights conferred on the said Company by the said by-law alld the agreement to be executed in pursuance thereof shall likewise be subject to the right of the Corporation to require the Company to vary the position of any pipe lines or connections or attachments incidental thereto, at any time, at the sole cost ~,~~,- -3- and expense of the said Company upon thirty days' notice in writ- ing by the Corporation. (6) All work done in pursuance of the said By-law shall be subject to the approval, sanction and direction oftbe said County ~ngineer for the time being of the said Corporntion or other person appointed by the Council of said County, who shall have full pvwer and authority to give such directions and orders to the Company as to location upon the highways of the said pipe lines and the manner of laying the same, or where such lines shall be buried or otherwise howsoeve:¡; as in his judgment .:3hall be considered best in the interests of the said Corporation; all such directions shall be in writing, and the said Company shall be obliged to follow such directions or onders as may be given as aforesaid, and the remuneration and expenses of the County ~ngineer or other person so appointed during the time he m~y be so employed and the expenses connected with this By-law and the said Agreement shall be defrayed by the said Company and before commencing any such work a plan or sketch thereof shall be dep~ osited by the Company with the Engineer of the said County. (7) The Company shall wi thin thirty days of the completion of the work file with the ~ngineer of the s aid County and the Clerk of the said County a detailed plan showing the final and exact location of all pipe lines and all connections and attach- ments incidental thereto, ,and the depth same are laid out in the ground, and in the event of the cha~ngof position of any of said pipe lines~ attachments or connections, a revised plan shall be filed in a like manner with the said Engineer and the said Clerk, wi thin thirty days of the said change. (g) Wi thin sixty days after the passing of this By-law a formal agreement in duplicate shall be prepared in pursuance hereof between the said Company and the said County Corporation, and shall be executed in due form by both parties thereto, where- by the said Company shall bind itself, its successors and assigns, duly to carry out, observe and perform the conditions herein -~.__. '~__'____"'_'~"_',.._,__..,"~_...._,..__m._~_~~_~___~ ...__._ 'M~:ll~, -"._,.~'... .. "- ,,_w---:-n'-':~_~"'~"::-:::,ë:.'_'_~~"7·_C:C---·-" .-------;.,,';c;__,,---- ---.--.....,..."..~- -4- contained, e.nd the sai d Corporation shall agree on its part to observe and perform the said By-law and the said conditions so far as they relate to them, and one of such duplicate agreements duly executed as aforesaid ,shall be dep.osited with the Glerk of the said County, and the 0 ther shall be given to the said Company, and from that time this By-law and the said Agreement shall be binding upon the said Company and the said Corporation. (9) ~he Comp~y shall use all practical and proper means at all times to prevent the escape and leakage of oil and petroleum products and water from its mains and pipes and the causing .of any damage or injury thereby to any person or property and the C.om- pany shall make good to the Corp.oration 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 from the pipes. (19) Where there is default by the Company with respect to any matter mentioned herein, the Corporation shall have power and authority to do any act .or perform any service necessary to remedy such default, incl~ding any act or service to maintain, repair, remove or otherwise deal with the pipe lines or any connecti.ons or attachments incidental thereto, and the Company shall reimburse the Corporation and pay all costs and expenses the Corporation may incèŒ or be put to by reason thereof, whether or not notice .of such default has been given to the Company prior to the doing of such act or performing such service. (11) The franchise hereby granted shall be for the term .of ten years from and after the final passing of the by-law. Pro- vided that if at any time prior to the expd.ration of said term of ten yeÇlrs or any renewal thereof, the Company shall notify the Corporation in writing that it desires å renewal thereof for a further period .of ten years, the Council may in its discretion renew the same fr.om time to time for a further period not exceed; ing ten years, at anyone time. (12) Up.on the terminati.on of this franchise for any cause whatever the Company shall r€move its mains, pipes, plant and ._~,-_. J[~, ~ ,/ r¡.. ??" .. -5- works from the said streets and highways and restore such streets and highways to the condition in which the same were previous to such removal and to the satisfaction of the County Councilor its appoin tee. Provided that if said mains, pipes, plant and works are not removed by the Company within one year after the termin- ation of said franchise all such mains, pipes, plant and works shall forthwith be forfeited to and become the absolute property of the Corporation, and dealt with and disposed of as the Corpor- ation may think proper, and for the sole use and benefit of the Corp'or a tion. (13) Nothing herein cont,Üned shall be construed as giving or granting to the Company an exclusive franchise for any or all the purposes embraced herein. (lLI) This By-law and the Agreement entered into pursuant thereto is subject to all statutes, orders or rules made or to be made by lawfully constituted authority having jurisdiction in the premises. (15) In case either the Corporation or the Company deems it necessary or advisable to obtain ratification of said By~law and of the said Agreement by the legislature of the Province of Ont- ario, the other party will concur and assist in obtaining such ratification. DATED this 23rd day 0 f January, A. D. 1948 Q~ .. '1 : ~. .. ........ ,.'. . . . , e I ,: .-;f-=--.-- -. "--.'-- - . . T HIS A G R E E MEN T MADE IN DUPLICATE THIS / {;f !!- DAY OF }U~ /9¥ð' B E 'T WEE N: DOMINION NATURAL GAS COMPANY LIMITED, hereinafter called the COMPANY OF THE FIRST PART AND: '1 'HE CORPORATION OF 'THE COUNTY OF ELGIN, hereinafter called the CORPORATION OF THE SECOND PART. WHEREAS the Corporation on the 23rd day of January 1948 passed By-law No. 1518 copy of which is hereto annexed, and did thereby give its consent so far as it had jurisdiction to the Company constructing, maintaining and operating pipe lines for conducting oil and petroleum products and water along the highways mentioned in the said By-law subject to the terms and condi tions in the said By-law contained, and it ViaS therein provided that a formal agreement in duplicate should be prepared in pursuance thereof between the Company and the Corporation and should be executed in due form by both parties thereto, vVhereby the Company should bind itself, its successors and as- signs, duly to carry out, observe and perform the conditions in the said By-law c:ontained and the Corporation should on i t~ part agree to observe and perform tl~ provisions of the said By-law and the said conditions so far as they relate to them and these presents are executed in pursuance of the said proviso. NOW 'THIS AGREEMENT WITNESSE'l'H that the Company, for itself,its successors and assigns, covenants and agrees with the Corporation, its successo.rs and assigns, to carry out, observe and perform the conditions in the said By-law contained and on the part of the Company to be performed, observed and complied with, and the Corporation on its part agrees with the Company, its successors and assigns, to observe and perform the provisions of .'=...,...,-=---~_. ... ,,~ "''''''''''''''''~ -2- the said By-law and the said conditions iJ'o far as the same relate to the Corporation. IN WITNESS WHEREOF' the Company has hereunto affixed its corporate seal under the hands of its proper officers in that behalf, and the Corporation has hereunto affixed the Corporate seal of the County of Elgin under the hands of the Warden and the Clerk. SIGNED, SEALED AND DELIVERED ~ DOMINION COMPANY LIMITED in the presence of ~ ~ - ) v ~ T~t:: ) - ) u ) Ic ) ) ELGIN: 7 ) ........... J-r ~ ) A ) , ".. ø . . .. ... . . j Wt<trdeJiJl . ~~ ) .. .. . . .- ) ) ~ ;.v.-.:..._>~~c.....:.. :1' "---j !.:¡,\£.o.,-..,,--z..- L '~ ¡ ~. ! 1'1' I: I I, I ,. T HIS A G R E E MEN T MADE IN DUPLICATE THIS DAY OF' BET WEE N: DOMINION NATURAL GAS COMPANY LIMITED, hereinafter called the COMPANY OF THE FIRST PART AND: THE CORPORATION OF THE COUNTY OF ELGIN, hereinafter called the CORPORATION OF THE SECOND PART. ~HEREAS the ~orporation on the 23rd day oírunuary 1948 passed By-law No. 1518 copy of which is hereto annexed, and did thereby give its consent so far as it had jurisdiction to the Company constructing, maintaining and operating pipe lines for conducting oil and petroleum products and water along the highways mentioned in the said By-law subject to the terms and conð,i tions in the said By-law contained, and it was therein provided that a formal agreement in duplicate should be prepated in pursuance thereof be~ween the Company and the Corporation and should be executed in due form by both parties thereto, whereby the Company should bind itself, its successors and as- signs, duly to carry out, observe and perform the conditions in the s aid By-law contained and the Corporation should on its part agree to observe and perform the provisions of the said By-law and the said conditions so far as they relate to them and these presents are executed in pursuance of the said proviso. NOW THIS AGRlŒMENT WITNESSETH that the Company, for itself, its successors and assigns, covenants and agrees with the Corporation, its successors and assigns, to carry out, observe and perform the conditions in the said By-law contained and on the part of the Company to be performed, observed and complied with, and the Corporation on its part agrees with the Company, its successors and assigns, to observe and perform the provisions of I I II I I:i ¡I ~"'7~~~'2"}"~'''"''''''",,':':''-W'~'g~ -2 the said By-law and the said conditions so far as the same relate to the Corporation. IN WITNESS WHEREOF the Company has hereunto affixed its corporate seal under the hands of its proper officers in that behalf, and the Corporation has hereunto affixed the Corporate seal of the County of Elgin under the hands of the Warden and the Clerk. .IJ.C ----.-. ,,~ ";'-~"'T"",""'g':iJ~; ....._-.",......_.--,'~,-_.,,_.._~^',' - SIGNED, SEALED AND DELIVERED in the presence of ) ~ ) ~ ) ~ ) ~ j ) ) ~ THE CORPORATION ELGIN; L { I . $-~. . ~ . . . . Waraen ... f..4,. ~~Æf~ C~·. , .. By DOMINION NATURAL GAS COMPANY LIMITED ~-' . . . OF 'HE COUNTY . . . f . . . . . .. OF .