Loading...
1530 ,~t, THE CORPORATION OF THE COUNTY' OF ELGIN BY-LAW NO. 1530 . Granting certain privileges to Dominion Natural Gas Company Limited. WHERE~SDominion.Naturcal Gas Company Limited, herein- after called the mCompany-, is a Company duly incorporated under The Ontario Companies Act and other Acts relating thereto, for the purpose amongst other things of constructing, maintaining and operating works for the production, sale and distribution of gas for the purpose of light,heat and power with all the rights. and privileges in them vested and subject to call liabilities, condi- tions .and regulations upon them . imposed by the t'harter on Incor- poration or legislative authority in that behalf; AND WHEREAS it appears that the highways and land here- inafter 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 lay, use and maintain pipes or conduits for transmitting gasoline, oil, antifreeze, brine or other similar products, and water, along, under, in or upon such highways or lands owned by the said Corporation, as hereinafter mentioned, subject to the terms, conditions, agreements and regul- ations as set out in Schedule "A1I hereto annexed; AND WHEREAS similar by.,..law was passed by the said Corpor- ation on the 23rd day of January, 1948 as #1518,and it is desire.d to extend and confirm the said By-law as herein more particularly set forth; NOW THEREFORE THE. COUNCIL OF THE CORPORATION 0 F THE COUNTY OF.ELGIN duly constituted and assembled in pursuance. of the premises and of the powers. in them vested and safar as such powers extend, hereby enact as follows: (Ü THAr this Council hereby grant, confer and assure unto " I I, Ii , , , I I, " Q-oL, 'ªèrd\~A.AY~f(f{o-, q0'~03 ëi~¿· . . READ a third time and finally passed. tbi s 16th day of June 1948 R.EAD a second time this 15th day 01: June , 1948 READ a first itime this 16th day 01: June, 1948 which the highway passes. and bridges forming premises. (4) part of THE word -highway· the highways, in this By-l,aw shall include streets upon, on, over or across made or to be made lawfully constituted having thereto. (3) THIS By-law is subject, to all statutes, orders jurisdiction and rules , the in in pursuance thereof, and to 2.ttach the Seal of the Corporation directed to execute this By-law and the agreement to be prepared (2) TH\T the Warden and the Clerk are hereby authori~ed and stipulations set out and contained in Schedule ~Am hereto ,annexed. , the said Corporation, subject to the conditions, regulations and water, along, under, in. or upon such highways "or lands owned by gasoline, oil, ·an tifreeze, brine or other similar products and ,and to lay, use and maintain pipes or conduits for transmitting now or hereafter vested in or controlled by the. saidCórporation, and for the purpose afor~said. to use and occupy any hi ghway 0 r land lias Company Limited on Mill street or Carlow Road, Port Stanley, Stanley Harbour or Kettle Creek to plant of the Dominion l'Iatural antifree:ze, brine or other similar products, and water, from oil, Port and maintain pipes or cónduits for transmitting gasoline, all right, power, authori ty, permission and consent. to lay, use 1IfIIImi}?r(1'f;;e-; .;.jT¡;:~tl';llt:"f":':" Dominion 1'Ia tural a,as. Company Limited, -2- its successors and assigns, ONTARIO - EXECUTIVE: COUNCIL OF1'1CE 00 .. 3'$/«j,~ OOPY' ot an O~aør~in~Oounctl appreyed ~~ AlÙ!liniatrator at t¡~ø QO'VElrtJ.1'nexlt of the øf Öntawio, da1;Eld the ~th 4a;vøfJanua17Y, ,¡hD.19' 1JpoXl the rE¡(u::m¡¡~$nd~tionof. the Eonqura\:)(Lø Minister of MUlliøipal .tttair$, the Co~ttaa of 0011 ad'lti$1òI that pu:t'$uant to 'I¡hø p.roviflions of ~a Munic Franchises Act, )'i1.$.0. :1..937, Chap tel' 2'1'7, Section ß YOU!' J;~øMur Eip;provad By-Law ~(U30 ø:f' the Co:t'po!'aUem. ·0£ tl1ø County of :¡¡]lgin, har¡¡¡to ø,ttacMd, insofar only 6.$ t:he add 13Y"'law relata$ to the trlill$xllission of wa.h:t. Qarttfiad, ~ , Cle1.'k, ¡~xeø1.lt¡i va CoMeil. > $ 'b ~.", ~ SCHEP~E'lJll To By-law N~~ 1530 of the Corporation of the County 0 f Elgin, referred to in the Said By-law hereto annexed. CONDITIONS (1) In laying, using and.,main.taining.pipes orco:nduits for transmitting gasoline, oil, .antifreeze,. br:!.ne or other similar products and water, referred to in the said annexed By_law, along said County highways and land from time to time, the Company shall, wherever practicable, use for that pur~se the part of the highways and land adjacent to the fence lines or outer boundary thereof, and the Comp.any shall bury the same and restore the high- ways and land to first-class. condi tion, and the. said. . pipes shall be so buried and the highways and .land so restored unJe ss where the County i'J:ngineer of the said County of Elgin or 0 ther person appointed by the said County directs otherwise. (2) In the laying, using and maintenance of the said system the Company shall use due care and diligence so that traffic shall not be impeded or interfered with any more than is necessary for 'I the laying, using and maintenanc.e of the said pipes or condui ta, I I and so that after the said pipes or conduits have been laid and : completed there shall be no obstruction to or interference with all Ii lawful traffic and user on, over and along the highway or Jmd or ( , to the ditches or drains thereon now or hereafter contructed, im- proved or maintained. And where any drains. or ditches are con- sidered or made necessary by reason of. any work done or omitted to be done by the Company, the same. shall. be constructed and mainta.ine, in good order by the said Company to. the satisfaction.of said (jount Engineer or other person appointed. by the Council during the con- tinuance of this franchise. ~.3) The said Company shall be liable for. any loss or :i.$ry that any person may sus.tainby reason of the exercise by the. Com- pany of any powers or rights under said. By_law whether arising through any c.,relessness, neglect, default or misconduct or other- ---- "=CC'·C""="-.-'·::O>''''~C::':':::'::'=~:--;---C··_''--:-: - .-----------.-.--- ---------- ------- ----------------- -.2~ wise of its agents, servants or employees in the management, con- struction, maintenance, laying or use of its pipes or conduits, 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 pipes or conduits incidental thereto or the use thereof,and shall indemnify Æhe said Corporatio agains t all loss , cos ts, damages and expens.es the Gorpora tion may pay ,in.cur or be put to by reason. of any c31aims, œmag.~s or injury resulting from or occasioned by, or in consequence of the con.. struction, laying, condition or operation of said pipes or conduits or incidental thereto, provided, however, that the Company sh~ll have reasonable notice and an opportunity to defend. q) 1nerights 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 and land by all persons entitled thereto and subject to the rights of the owners of ¡uropertiesadjoining the said highways and land of full access to and from such highways, and land, and of constructin crossings and approaches from their properties. thereto, and shallb subject also to the rights ,and privileges which the said Corporatio may grant to any 0 ther companies or persons to lay pipes, erect pol string any kind of wires for any purpose, or construct railways on said highways, or to otherwise lawfully use the same, all of which rights are expressly reserved; and the Company shall lower or move their pipes wherever the County máy hereafter deem necessary for .:aI¡ suchpurpose\s, but ;any such right hereafter granted shall be subjec thereto, and to all rights owned by the Company prior to the passin of this. By-law. t5) :J:he rights conferred on the said Company b~r the said By-law and the agreeement to be executed in pursuance thereof shall 1:\.kewise be subject to the right cf the Corporation to require the Company to varY the position of any ¡i¡p¡es or conduits at any time, at the sole cost and expense of 'the said Company upon thirty days' .--, , , I I ¡,I \1; ~ i " 11 " ,! 'I Ii ¡: I, Ii ...j... notice in writing by the Corporation (6) All work done in pursuance of the said By-law shall be subject to the approval, sanction and dil'ection. of the said County l!;ngineer for the time being of the said Corporation or other person appointed by the Council of said County, who shall have full power and authority to give. such directions and orders to the Company as to location upon the highways ,or land of the said pipes or eon- dui ts and the manner of laying the same, or wher.e such pipes 0 l' condui ts shall be buried or otherwise howsoe.ver, as in his judgment shall 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 ftilow such directions or orders as may be given as aforesaid, and the remuneration and expenses of the County l!;ngineer, or other person so appointed during the time he may be so employed and the pxpenses connected with this By-law and the said Agreement shall be defrayed by the said Company and before commencing ~ny suc work a plan or sketch thereof shall be deposited by the Company wit the Engineer of the said County. (7) :rhe Company shall wi thin thirty days of the completion of the work file with the Engineer of the said County and the Clerk of the said County a detailed plan shovdng the final and ex- act location of all pipes or conduits and all- connections and attachments incidental thereto, and the depth same are laid out in the ground, and in the event of the changing of position 0 f any of said pipes or conduits, attachments or connections, a revised plan shall be filed in a like manner with the said Eñgineer and the said Clerk, within thirty days of the said change. (8) Wi thin sixty days after the passing of this By-laws formal agreement in duplicate shall be .preparedin pursuance hereof between the said Company and the said County CorJfiOration, and shall be executed in due form by both parties thereto, whereby the said Company shall bind itself, its suc.cessors and assigns, duly to carry out.. observe and perform the conditions here.in contained, and the said CorpoÏ'ationshall agree on its part to observe and ¡¡¡erform -"71 --- ---~~- ~'$!i1 -4- the said By-law and the said conditions so far as they relate to them, and one of such d1iplicateagreements dulye;¡:ecuted as aføresai shall be deposited with the t:l.erk of the County, and the 0 ther shal· be given to the said Company, and from that time this By-låw and the said 'Agreement shall be binding upon the said Company and the said Corporation. t9) The Company shall use all practical and proper means at all times to prevent the escape and leakage of gasoline, oil, anti- freeze, brine or other similar products, and water, from its mains and pipes or conduits, and the causing of any d:amage or injury thereby to any person or property and the Company shall 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 from the pipes. (10) Where there is default. by the Company wi th 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, including any act or service to maintain, repair; remove or 0 therwise deal with the pipe lines or condui ts, :and the Company shall.reimburse the Corporation and pay all costs and ex- penses the Corporation may incur or be put to by reason thereof, whether or not notice of such default has been given to the Úompany prior to the doing of such act or performing such service, and sue charges and any expense incurred by the Corporation shall be payabl and payment may be enforced in lilee manner as taxes. (11) :J:he franchise hereby granted shall be for the term of ten years from and aft!3r the final passing cf.' the by-law. Provided 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 writi.ng that it desires a renewal thereof for a further period of ten years, the Council may in its discr,stlon renew the same from time to time for a further pa:iod not exceeding ten years, :at :any one time. (12) Upon the termination of this franchise for any cause . .. . Çl... :Ø.~ 'Vleç;:[!"" , .............. ..... DATED this 16th day 0 f June Å . D. 1948 . cation. the other party will concur and assist in obtaining such ratifl- of the said Agreement by the Legislature of the Province of Ontario necessary or advisable. to obtain ratification of said by-law and premises. (15) In case either the Corporation œ the Comwany deems it made by lawfully statutes, constituted authority having made or jurisdiction in the Pl1rposes (14) thereto is subject to all orders or rules to be This BY:;-Taw and the Agreement entered into pursuan t the embraced herein. or granting to the Company an exclusive franchise for .any or all Nothing herein contained shall be. construed as giving (13) the sole use ;and benefit of the Corpor a tion . with and disposed of.as the. Corporation may think proper, and for become theàbsolute pr'operty 0 f the Corporation, and mãy be dealt conduits, plant and works shall forthwith be forfeited to and after the termination of said franchise, all such mains, pi~s or plant and works are not removed by the Company within one year its appointee. Provided that if said mains, pipes or conduits, to such. removal and to the satisfaction of the County Councilor highways and land to the condition in which the same were previous wha tever , plant and works the Company from the shall said highways remove -5- its mains, and. land an.d restore pipes or such conduits, --- II I ii I!I '" J!¡ Ii II I ,I T HIS Å G R E E M E NT made in duplicate this day of A. D. 1948, BET WEE N: DOMINION NATURAL GAS COMPANY LIMITED, hereinafter called the COMPANY OF THE FIRST PART· AND: THE CORPORlATION OF THE COUNTY OF ELGIN., hereinafter called the CORPORATION OF THE SECOND PART. WHEREAS the Corporation on the 16th day of June 1948 passed By-law No. 1530 copy of whi.ch is hereto annexed, and didther,eby give. its consent so far as it h as jurisdiction to the Company. . laying, using and maintaining pipes or conduits for transmitting gasoline, oil, .antifreeze., brine or other similar products and water along, under, in or upon the highways and land mentioned in the said By-law subject to he terms and Conditions in the said .By-law con tained,and it was 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, whereby the ~ompany shou.1d bind itself, its successors and assigns, duly to c.arryout, observe and perform the conditions in the said By-law contained, and the Corporation should on its part agree to perform and observ the provisions of the said By-law and the said conditions so far as they relate to them and these prese:nts are executed in pursuance 0: the said proviso; NOW THIS AGREEMENT WITNESSE.TH that the Company, for itself, its successors and assigns, covenants and agrees with the Corporation, it s successors and assigns,. to carry out, observe and perform the conditions in the said BY"'law contained and on the par of the Company to be performed, observed and complied with, and th -2- Corporation on its part agrees with the ComPany, its successors and ,asSigns, to observe and. 'l¡1:Jrform . the pæovisions of the. said By-law and the said conditions so far. asthes.a.me.reJ;ate ,tÒ\ the , ....orporation. IN WITNESS WHEREOF the Gompanyha~ hereunto ~ffixed its corporate seal under. the hands Of its prqper officer.s in that behal , and the Corporation has hereunto affixed the Corp()ra.te seal ()f the Eounty ()f Elgin under the hands of the Warden and the Clerk. SIGNED, SEALED AND DELIVERED ~ DOMINION NATURAL, GAS COMPANY \~n the presence Of~ UMI'fED ~ By: ) THE CORPORATION 0 F THE, COUNTY OF ELGIN: I . e. .... . ............... j Warden ).4.~~4~;- ¡ ~ Clerk 5 ~ .