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1519 THE CORPORATION OF THE COUNTY OF ELGIN BY-LAW NO. 1519 Granting certain privileges to Sun Oil Company Limited WHEREAS Sun Oil Company Limited, hereinafter called the Company", is a company duly incorporated U!1-der The Dominion Companies Act and other Acts relating thereto; AND WHEREAS it appears that the highways hereinafter mentioned are vested in the Corporation of the County of Elgin as County roads or highways and the Company have applied to the said Corporation for the right to construct and maintain a system of pipes for conveying and distributing gasoline, oil, anti-freeze, brine, and other similar products over, along, upon and under such roads or highways as hereinafter mentioned, subject to the terms,. conditions, agreements and regulations as set out in Schedule "A" hereto annexed. NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE COUNTY OF ELGIN duly constituted and assembled in pursuance of the premises and of the po~ers in them vested and so far as such powers extend, hereby enact as follows: 1- THAT this Council hereby grant, confer and assure.. unto the Sun Oil Company Limited, its successors and assigns, all right, power, authority, permission and consent to construct, lay, maintain a transmission line, work or system for the purpose of conveying gasoline, oil, anti-freeze, brine, and other similar products from Port Stanley Harbour and/or Kettle Creek to Warren Street, Port Stanley, and for the purpose aforesàid to use and occupy any highway now or hereafter vested in or controlled by the said Corporation, and to lay, construct, maintain and operate thereon pipe lines with all connec- tions or attachments necessary or incidental tþereto for conveying and distributing gasoline, oil anti-freeze, brine, and other similar products Subject to the conditions, regulations and stipulations set out and contained in Schedule "A" hereto annexed. 2. THAT the Warden and the Clerk are hereby authorized and directed to execute this By-law and the agreement to be prepared in pursuance hereof, and to attach the Seal of the Corporation thereto. 3. This By-law is subject to all statutes, orders and rules made or to be made lawfully constituted having jurisdiction in the premises. 4. The word "highway" in this By-law shall include streets and bridges forming part of the highways, upon, on, over or across which the highway passes. 5. This By-law shall not come into force or effect until validated by an Act of the Legislature of the Prov- ince of Ontario, or until amendment of The Municipal Act executed by the Legislature of the Province of Ontario empowers this Council to pass this By-law. IIJ - " .R~~ ~-- ~"""ë·,· wise of its agents, servants, or employees in the management, through any care:;!.essness, neglect, default or misconduct or other- pany of any powers or rights under said By-law whether arising that any per son may sustain by reason of the exercise by or injury the ~om- (3) 'rhe said Company shall be liable for any loss this franchise. other person appointed by the Council during the continuance of by the said Company to the satisfaction of said County .!;;ngineer or Uompany, the same shall be constructed and maintained in good order necessary by reason of any work done or omitted to be done by the tained . And where any drains or ditches are considered or made or drains thereon now or hereafter constructed, improved or main- traffic and user d>n, over and along the highway or to the ditches there shall be no obstruction to or in terference wi th a 11 lawful so that after the said ~Üpe lines have been laid and completed necessary for the construction or repair of the said system, and traffic shall not be impeded or interfered with any more than is system the Company shall.use due care and diligence so that (2) In the construction, maintenance and repair of the said ted by the said County directs otherwise. County Engineer of the said County of Elgin or other person appoin- shall be so buried and the highways so restored. unless where the restore the highways to first-class condition, and the said pipe¡¡¡ outer boundary thereof, and the Company shall bury the same and purpose the part of the highways adjacent to the fence lines or time to time, the Uompany shall, wherever practicable, use for that to in the (1) said annexed by-law, In laying or constructing along said County highways from the pipe line system, referred CONDITIONS To By-law No. l5}9 of the Corporation of the County of Elgin, referred to in the said By-law hereto annexed. rr:,;"""r--~~ ."",.. ~". -,..., ," (-,~\" .."-;'''<'-~' I ii'! '>!':"t,'Ä"~ ~, SCHEDULE !fA'" c-·-.~.",-::____"·,~..,,,... I,' ,J' I( I' ~ : 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 persons on account of the laying of its pipe lines incidental there to or the use thereof, and shall indemnify the said Corporation against all loss, costs, dam13,gesand expenses the I>orporation may pay, incur or be put to by reason of any claims, damages or in- jury resulting from or occ.&sioned by, or in consequence of the cowstruction, laying, condition 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 upon 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 highways by all persons entitled thereto and subject to the rights of the owners of properties adjoining the said highways of full access to and from such highways, and of constructing crossings and approaches from their properties thereto, and shall be subject also to the rights and privileges which the said Corporation may grant to any other companies or persons to lay pipes, erect poles, string any kind of wires for anypurpo:se, or construct railways on said highways, all of which rights are expressly reserved; and the Company shall lower or move their pipes wherever the County may hereafter deem necessary for any such purpose, but 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) 1'he rights conferred on the said Company by the said By-law and the agreement to be executed in pursuance thereof shall likewise be subject to the right of the Corporation to vary the right of the Corporation to requir'e the Company to vary the posiiio of any pipe lines or connectio~s or attachments incidental theretoy at any time, at the sole cost and expense of the said Company upon J duly to carry out, observe and perform the conditions herein by the said Company shall bind itself, its successors and assigns and shall be executed in due form by both parties thereto, where- hereof between the said Company and the said County Corporation, formal agreement in duplicate shall be p~red in pursuance Clerk, (8) Within sixty days after the passing of this By-law a within thirty days of the said change. be filed in a like manner with connections, the said J;;ngineer and the said said pipe lines, attachments or a revised plan shall ground, and in the event of the changing of position of any of ments incidental thereto, and the depth same are laid out in the exact location of all pipe lines and all connections and attach- Clerk of the said County a detailed plan shoWing the final .and of the work file with the .l:!;ngineer of the said County and the (7) lhe Company shall within~ thirty days of the completion osited by the Company with the Cl,erk of the said County . commencing any such work a plan or sketch thereof shall be dep- said Agreemen t shall be defrayed by the said Comp,any and before so employed and the expenses connected with this By-law and -the 'ii II 'I I, " j 1 ] I (I ¡ Engineer or other person so appointed during the time he may be as aforesaid, and the remuneration and expenses of the County be obliged to follow such directions or orders as may be given such directions shall be in writing, and the said Company shall be considered best in the interests of the said Corporation; all shall be buried or otherwise howsoeve~ as in his judgmErt; shall to pipe lines and the to location upon of lay ing manner the same, or where such lines the Comp'any aš the highways of änd orders the~said have full power and a uthori ty to give such directions said Corporation ¥!ho shall .i{/¡>..:+." other person appointed by the Council of said County , County ~ngineer for the time being of the or subject to the approval, sanction and direction of the said (6) All work done in pursuance of the said By-law shall be thirty days notice in wri Ung by the Corporation . -.3- ,,- " ..... i¡ I I I' II !i i i I ., I· I I ,'[ I Ii j ~4- contained, and the said 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 deposited wffih the Clerk of the said County, and the other 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) The Company shall use all practical and proper means at all times to prevent the escape and leakage of oil from its mains and pipes and the causing of any damage or injury thereby to .any person or property and the Company shall make good to the Corpor- ation 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. (10) Where there is default b;¡' the Company wi th respect to any matter mentioned herein, the Corporation shall have power and authori ty to do any act or perform any service necessary to r,emedy such default, including any act or service to maintain, repair, remove or otherwise deal with the pipe lines or any connections or attachments incidental thereto, and the Company shall reimburse the Corporation and pay all costs and expenses the Corporation may incur 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 expiration of said term of ten years or any renewal thereof, the Company shall notify the corporation in writing that it desires a renewal thereof for a further period of ten years, the Council may in its discretion renew the same from tim€! to time fora further period not exceed- ing ten years, at anyone time. (12) Upon the termination of this franchise for any cause whatever the Company shall remove its mains, pipes, plant and --=1 I ~ , [I iLl 'I I! !j ii 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 th~ satisfaction of the County Councilor its appoin tee. ~rovided that if said mains, pipes, plant and works are not removed 'by the Company withinorie ·YJear 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- ," . '.' 5.,._';,_', ..'..."......,..,..' ation may think proper, and for the sole USe and benefi.t of the fJorporation. (13) Nothing herein contained shall be construed as giving or granting to the Company an exclusive franchise for .any or all the purposes embraced herein. (14) 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 ratificatton. DATED this 23rd day of January, A D. 1948 rJ~· . . . . . . . rk T HIS AGREEMENT made in duplicate this day of BET WEE N: SUN OIL 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 WHEJ.'(EAS the Corporation on the 23rd day of January 1948 passed by-law No. 1519 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 gasoline, oil, anti-freez~, brine, and other similar products along the highways mentioned in the said By-law subject to the terms and conditions in the said By-law c'ontained,and it was therein provided that a formal agreement in duplicate shoTIld be prepared, in pursuance thereof between the Company and the Corporation and should be executed in due form by both parties th4reto, whereby the Company should bind itself, its successors and assigns, duly to carry out, observe and perform the conditions in the said By-law contained and the Corporation should on its part agree. to observe and perform the provisions of the s~id By-law and the said conditions so far as they relate to them and the~e presents are executed in pursuance of the said proviso. NOW THIS AGREEMENT 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 the said By-law -2- and the said conditions so far as the same relate to the Corporation IN WITNESS WHEREOF the Company has her~unto 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) SUN OIL COMPANY LIMITED ) in the presep.ce, of ) By: ) ) ) ) ) ) ) ) THE CORPORATION OF THE COUNTY OF ) ) ELGIN: ) ¡ . ~'Á# ....... ) ~n ~ ...:1. ~ I ~. ......! --~--~ 4 SOUTHWICK ST. E. C. SANDERS. K.C. EDRA SANDERS FERGUSON .9i: !/X01na4, éJnt., R. A. SANDERS, B.A. E. F. S. SANDERS, B.A. 3rd May, 1948 Mr. .John D. Thomson, Clerk, County of Elgin, Court House, St. Thomas, Ontario Dear Sir: Re: County of Elgin . Re: ~un Oil Company Limited We enclose herewith Agreement dated 1st March, 191,8, between Sun Oil Company L.imi ted and. The Corporation of the County of Elgin, signed by the Company, and which is to be executed by yourself and the warden. We propose to have confirming By-law and confirming Agreement at the June session, rather than rely on the wording of the amendment. Yours truly, S~_S i/NDeRS EFSS/MM ~'/~ Encl.