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1619 BY-LAW NO 1619 GRANTING CERTAIN PRIVIJ.1WES TO WI~:3'.rEFIN ASHlEY MINERALS LIMITED" WImREAS Western Ashley Minerals Limited I!èreinafter called the Company is a Company düly incorporated for the purpose amongst other things of constructing, maintaining and operating works for the production, sale and dis~ribution of gas for the purpose of light, heat, and power with all the rights and privileges in it vested subject to all liabilities, condit on and regulations upon it imposed by the Charter of Incorporation or legislát authority on that behalf. WHEREAS it appears that the highways and lands hereinafter mentioned are vested in the Corporation of the County of Elgin, as county roads or highways, the Company have applied to the said Corporation for the right to lay, use and maintain pipes or conduits for transmitting gasoline, oil, natural gas, or other similar products along, under, in or upon such highwa: or lands owned by the said Corporation as hereinafter mentioned subject to the terms, conditions, agreements and regulations as set out in Schedule "A hereunto annexed. NOW TEERl<JFOR 'rIm COUNcn. OF THE CORPOHATION 0]' THill COUNTY OF EIGThT duly constituted and assembled in pursuance of the premises and of the powe. in them vested and so far as such powers extend hereby enact as follows: (l) ~rhat this co unci 1 here by grant s , confirms, and assures; unto Western Ashley Minerals I,imited its successors and assigns all right, power, author: permission and consent to lay¡ use and maintain pipes or conduits for 'bransmJtting gasoline, oil, natural gas, or other similar products across the intersection of 'bhe Furnival Road and the road allowance between Conces ions 7 and Gore Concession, across the road allowance between concessions 5 and. 6, opposite the westerly limit of lot l3, across the road allowance between concessions 2 and 3, òpposite lot l4 and along the road allowance "' between lots l4 and l5, BrolœJl lPront Concession all in the township of t,; Aldborough, also, the right to lay one six-inch steel pipe or conduit on tru westerly side of the Wardsville Bridge. (2) The operation of this by-law and the rights herein conferred shall be limited to lands, roads and highways under the jurisdiction of the Corporat of the County of Elgin. ~ --'t<...; ", \--."." --...,.- 3 That the Warden and Clerk are hereby authorized and directed to and the Agreement to be prepared in pursuance thereof execute this by-lawknd to attach the seal of the Corporation thereto. (4) This by-law is subject to all statutes, orders and, rules made or to be made lawfully constituted having jurisdiction in the premises. (5) The word highway in this by-law shall mean and include streets and bridges forming :part of the highways, upon, on over or across whi ch the highway passes. Read a first time this 11th day of June 1952. Read a second time this 11th day of June, 1952. Read a third time and finally passed this Ilthday of June, 195¡ ~~ ~ # Wt¡,du~ of the County of Elgin Warden of the County of ~lgin. ¡¡ "" ,*"".".' SCHEDUIE U·A" BY BYLAW NUMBER 1619 OF THE COHPORA'rION TO THE COUNTY OF ELGIN Referred to in the said bylaw hereto annexed - - - - - - - - -- - - - - .- - ','" CONDITIONS: (l) In laying, using and maintaining pipes or conduits for trans- mitting gasolene, oil, antifreeze, brine, gas or other similar products and water referred to in the said bylaw annexed, along said county highways or across same and land from time to time, the Company shall wBereever practicabJ use for that purpose the part of the highways and land adjacent to the fence lands or outer boundary thereof; and the Company shall bear the cost of and restore the highways and land to first class condition and the said pipes shal be buried and the highways and land so restored unless where the County Engine of the County of Elgin or other 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 bot be impeded interferred with anymore than is necessary for the laying, uSing and maintenan of the said pipes or conduits, and so after the said pipes or conduits have be laid and completed there shall be no obstruction to or interference with all lawful traffic and user, on, over and along the highway or land Or to the ditches or drains thereon now hereafter constructed, improved or maintained. 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 order by the said Company to the satisfaction of said County Engineer or other person appointed by the Council during the condition of this bylaw. (3) The said Company shall be liable for any lose or injury that any person may sustain by reason of the exercise by the Company of any powers, or rights under this said bylaw, ,~hether arising through any carelessness, neglec 1'1 default, or mis-conduct or otherwisEíì of its agents, servants or employees in the management, construction, maintanence, laying or use of its pipes or condu and the said Company shall indemnify, save and keep harmless the said Corporat ion, of the County of Elgin,from any d~aage, claim, or demand that may be claimed by property holders or any person or persons on account of the laying of its pipes or conduits, incidental thereto or the use thereof, and shall indeJrrnify the said Corporation against all cost, loss, Œamages andexpenses, which the Corporation may pay incur or be put to by reason of any clair~ ,~ T2") damages or injury resulting rrom or occasioned by or in consequence of' the construction, laying, condition or operation of said pipes or conduits are incidental thereto, provided however, that the Company shall have reasonable Notice .and an oppor'tunity to defend. (4) The rights conferred upon the said Company by the said bylaw and the agreement to be executed in pursuance thereof shall be subject to the righ to the free USe of the said highways wld land' by all person entitled thereto; subject to the righ~s of the ownerS Or properties adjoining the said highways and land of full access to and from such highways and land 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 Companys or persons, to lay pipes, erect poles, string any kind of wires for any purpose or construct railways on said highways or to otherwise lawful] use ,the same all of which rights are expressly reserved and the CompwlY shall lower or remove their pipes whereever the County may hereafter deem necessary for such purposes, bu-t any such right hereafter granted shall be subject therE and, to all rights owned by the Company prior to the passing of this bylaw. (5) The rights confered on the said Company by the said bylaw and tl agreement to be executed in persuance thereof, shall l:Uœwise be subject to tl right of the Corporation to require the Company to vary the position of any p,ipes or conduits at any time, of the sole cost of the expense of the said COffiif,lany upon thirty days notice in writing by the Corporation. (6) All work done in pursuance of the said bylaw shall be subject to the approval, sanction and direction. of the said County Engineer for the 'time b~ing of the said Corporation Or other person appointed by the Council 0 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 conduits and the manner of laying the ,same or where such pipes condui ts shall be buried or otherwise howsoever, as in his judgement shall be considered in the best intere.sts of the said Corporation; all such direction shall be in writing and the said C~mpany shall be obliged to follow such directions or orders as may be given as aforesaid and the remuneration and , expense of the County Engineer or other persons so appointed during the time ma~ be employed and the expenses connected with this ,bylaw and the said agreement shall be defrayed by the said Company and before cOMnencing any su work a plan or sketch thereof shall be deposited by the CompwlY with the Engineer of the said County. ~. :\ 7) The Company shal+ within 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 showing the final and exact location of all pipes or conduits and connections and attachments incidental thereto, and the depths Siline are to pe laid in the ground and in the event of the Changing of positioIl of any of su pipes'or conduits, attachments or connections, a revised plan shall be filed ina like manner with the said Engineer and said Clerk within thirty days of the said change. (8) Within sixty days after the passing of this bylaw a forma+ 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, whereby the said Company shall bind itself its successorE and assigns duly to carry out, observe and perform the conditions herein contained, the said Corporation shall agree on its part to observe and perform the said bylaw, the said condtions so far as they relate to them, and one of such duplicate agreements duly executed as aforesaid shall be deposited with the Clerk of the County, the other shall be given to the said Company, and at that time this bylaw and the said agreement shall be binding upon the said Company and the said Corporation. (9) 'rhe Company shall use all practical and proper means at all time: . . natural to prevent the escape and leakage of gasolene, o~l, ocN~t~~~za~ NxXNaj gas or other similar products and water from its main, and pipes or conduits, and the causing of any damage or injury ·thereby to any person or property and the Company shall make good to the Corporation and all persons effected all damage which may be caused by the works or operations of the Company or by reason of any leakage from the pipes. (lO) . Where there is default by the Company with respect to any ma'tte mentioned therein, the Corporation shall have power and authority to do any ac \ or to perform any service nece's/?ary to remedy such default _including any act ( I service to maintain, repair or remove or otherwise deal with the pipelines or II conduits and the Compamy shall reimburse the Corporation and pay all costs anê expenses that the Corporation may incur or be put to by reason thereof, whet hE or not such notice of such default has been given to the Compamy prior to the doi:¡j,g of such act or performing such service, such charges and any expenses incurred by the Corporation shall be payable and payment may be enforced in like manner as taxes. (11) ]'ranchise hereby granted shall before the term of ten years "itr and after the final passing of the bylaw Provided that if at any time prior I~I l1i 1\ I < ",,","I' .. (4) t tile expiration of' such terms of' ten years or any renewal there or the Company shall nutií'y the Corporation in writing that .it deßires a renewal thereoí' for the further period of ten years, the Council may in its discretion renew the Salle from time to time for a further period not exceeding ten years at anyone time. (12) Upon the termination of this franchise for any cause whatever th Company shall remove its mains, pipes or conduits, plant and works from the sa highways and land and restore such highways and land to the condition which th same were previous to such removal and to the satisfaction of the County Counc or its appointee. (l3) Provided that if said mains, pipes or conduits, plant and works are not removed the Company within one year from the termination of said franchise all such mains, pipes or conduits, plant and work shall be forfeited to and become the absolute property of the Corporation and may be dealt with a disposed of as the' Corporation may think proper and for the sole use and benef of the Corporation. ¡/ (14) Nothing herein contained shall be constued as giving or grantir to the Company any excluis,;Ì ve franchise for any or all the purposes embraced herein. (l5) This bylaw and agfeement entered into in pursuance thereof, is subject to all statutes, orders or rules made or to be made by lawfully constituted authority having jurisdiction in the premises. (l6) In case either the Corporation or the Company deems it necessarJ or advisable to obtain ratification of said bylaw and of the said agreemtnt bJ ,the legislature of the Province of Ontario the other party shall concur and assist in obtaining such ratification. (l7) Dated this 11th day of June, A D. 1952. ¿j~ /f?.?f;' L County of Elgin Vi arden County of Elgin " \ THIS AGREE!£NT made this 14th day of October, A.D. 1952. JUJIìLJj¡Jj;.!':! : THE MUNICIPAL CORPORATION OF THE COUNTY OF ELGIN, Hereir¡after called "The Corporation." OF THE FIRST PART -and- WESTERN ASHLEY MINERALS LIMITED, (No personal liability) Hereinafter called " Tþe Company " OF THE SECOND PART WHEREAS Western Ashley Minerals Limited is a Company duly incorporated 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 witÞ all tÞe rights and privileges in it vested subject to a.ll liabilities, conditions and regulations upon it imposed by tÞe Charter of Incorporation or legislative authority on that behalf. AN!) WHEREAS it appears that the highways and lands Þereinaft~ mentioned are vested in the Corporation of. the County .of Elgin, as county roads or highways, the Company have applied to the said Corporation for the right to natura' gas, or other similar products along, under, .,in or upon such higÞwaysor lands owned by the said Corporation, as hereinafter mentioned subject to tÞe terms, conditions, agreements and regulations as set out in Schedule "A" hereunto annexed NOW, Tl-lEREFORE ,THIS AGREEMENT ,WITNESSETH that in the consideration of the sum of ONE DOLLAR ($1.00) now paid by the Company of the Second Part to tÞe Corporation of tÞe.First Part åndin consideration of tþe proDlises Þereinafter contained tÞe Parties Þereto Þereby mutually ,covenant and agree for themselves, their, suc:fcessorsand Assigns å,s f.ollows:- 1. The Corpòration gbuts, confirms and assures unto Western Ashley Minerals Limited its successors and assigns .8011 right, power, authority,perDlission and conaent ",to ,lay, use. and maintain, pipes or condui.ts for transDlitting gasoline, oil,r¡a,turalgas,.or other siDlilar products across the, intersection ofth~ FurnivalRoad" and the road allowance betw.een Concessiolls 7 all Gore Concewsion, across the road allow.ance ,between concessions 5 and 6, opposite the westerly limit of lot 13, aC,r.oss ,the road allowance between concession 2 ,and II .~ -2- opposite lot 14 and along the road ,allowance between lots 14 and 15, Broken Front Concession all in the Township of, Aldborough, also, the right to lay one six-inch steel pipe or conduit ,on the westerly side of the Wardsville Bridge. 2. The Compan;y hereby covenant,s to observe the conditions, regulations and stipulations set out in Schedule "A" hereunto annex:ed. IN WITNESS WHEREOF the Pai1ties hereto have hereunto caused to be affixed their corporate seal duly attested by their proper signing officers in that behalf the day and year first above written. THE MUNICIPAL CORPORATION OF, THE roUN.!I..Q.F ELGIN ~m( 7J Warden .,&~ .-/ Clerk ASHLEY 'ED .. ... , ~ " \ ii 'I , ~ it< ;.f,. :<i ri", ./1 " l\ I ---- Ii, II I S C H E D U L E II To Agreement dated the 14thday of October, A.D 1952. CONDITIONS: (1) In laying, using and maintaining pipes, or conduits for transmitting gasolene, oil, antifreeze, brine, gas or other siroj.lar products and water referred to j.n the said By-law annexed, along said county highv¡ays or across same and land from time to time, the Company shall wherever practicable use for that purpose the part of the highway,,, and land adjacent to the fence lands or outer boundary thereo and the Company shall bear the cost of and restore the highways and land to first class condition and th~ said pipes shall be buried and the highways and land so restored unless where the County Engineer of the County of Elgin or other person I 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 dilJ.gence so that traffic shall not be impeded or inter- I ferred with anymore than is necessary for the laying, using and maintenance of the I said pipes or conduits, and so after the said pipes or conduits have been laid and II completed there shall be no obstruction to or interference with all lawful traffic " il and user, on, over and along the high"ay or land or to the ditches or drains there I on now hereafter constructed, improved or maintained. Where any drains or ditch~, are considered or ræ.de necessary by reason of any work done or omitted to be done I !'i by the Company, the same shall be constructed and maintained in good order by the said Company to the satisfaction of said County Engineer or other person appointee by the Council during the condition of this bylaw. (3) The said Company shall be liable for any loss or injury that any I person may sustain by reason of the exercise by' the Company of any powers, or I " II 'I[ rights under this said byla¡-J, whether arisip.g through any carelessness, neglect, I,' iiil Ii II' default, or mis-conduct or otherwise of its agents, servants or employees in the ~, il'\ 1\ ill,\ management, construction, maintenance, laying or use of its pipes or conduits, '''·il'·' and tlle said Company shal+ indemnify, save and keep harmless the said Corporatior ,,' I I I of the County of Elgin, from ihy damage, claim, or demand that may be claimed by property holders or any person or'persons on aCC~lnt of the laying of its pipes ( conduits, incidental thereto or the use thereof, and shall indemnify the said Corporation against all cost, loss, damages and expenses, which the Corporation may pay, incur or be put to by reason of any claims, damages or injury resulting from or occasioned by or in consequence of the construction, laying, condition ( í ~ F!¡ , I I J , I I .-.-, ..~"-_..."' ._,.. ( -2- operation of said pipes or conduits are incidental thereto, proyided however, that the Company shall have reasonable Notice and an opportunity to defend. (1+) The rights conferred upon the said Company by the said bylaw and the agreement to be executed in pursuance thereof shall be subject to the right to the free use of the saj.d highways and land by all persons entitled thereto; subject to the rights of the owners of properties adjoining the said highways and land of full access to and from such highways and land and of constructi,ng crossin 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 Companys or per:30ns, to lay pipes, erect poles, string any kind of wires for any purpose or construct railways on said highways or to other;nse lawfully use the same all of which rights are expressly reserved and the Company shall lower or remove their pipes wherever the County may hereafter deem necessary for such purposes, but any such right hereafter granted shall be subject thereto and to all rights o.med by the Company prior to the passing of this bylaw. (5) The rights confered on the said Company by the said bylaw and the agree¡rent to be executed in persuance thereof, shall likewise be subject to the right of the Corporation to require the Company to vary the position of any pipes or conduits at any time, of the sole cost of the expense of the said Company upon thirty days notice in writing by the Corporation. ( 6) All work done in pursuance of the said byla., shall be subject to the approval, sanction and direction of the said County Engineer 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 highwa3's or land of the said pipes or conduits and the manner of laying the same or where such pipes or conduits shall b buried or otherwise howsoever, as in his ju,dgement shall be considered in the best interests of the said Corporation; all such direction shall be in writing and the said Company shall be obliged to follow such directions or orders as may be given as aforesaid and the remuneration and expense of the County Engineer or other " persons so appointed during the time he may be employed and the expenses connected with this bylaw and the said agreement shall be defrayed by the said Company and before commencing any such work a plan or sketch thereof shall be deposited by the Company with the engineer of the said County. (7) The Company shall within thirty days of the completion of the work file with the Engineer of the said County and the Clerk of the said County a notify the Corporation in writing that it desires a renewal thereof for the furtheJ:! the expiration of such terrrß of ten years or any renewal thereof, the Company shaD! and after the final passing of the by-law. Provided that if at any time prior to (11) Franchise hereby granted shall be for the term of ten years from the Corporation shall be payable Mmd payrnent may be enforced in like manner as tax€! of such act or performing "such service, such charges and any expenses incurred by ¡ not such notice of such default has been given to the Company prior to the doing expenses that the Corporation may incur or be put to by reason thereof, whether or condutts and the Company shall reimburse the Corporation and pay all costs and service to maintain, repair or remove or otherwise deal with the pipe lines or lJO perform any service necessa~J to remedy such default including any act or mentioned therei,n, the Corporation shall have power and authority to do any act or (10) Wnere there is default by the Company with ",espect to any mattel' works or operations of the COJ1~)any or by reason of any leakage from the pipes. to the Corporation and all persons effected all damage which may be caused by the damage or injury thereby to any person or property arId the Compa.ny shall make good products and water from its main, and pipes or conduits, and the causing of any to prevent the escape and leakage of gasolene, oil, natural gas or other simibr (9) The Company shall use all practical and proper means at all timeEj agreement shall be binding upon the said Compa.ny and the said Corporation. other shall be given to the said Company, and at trat time this bylaw and the said duly executed as aforesaid shall be deposited with the Clerk of the County, the said conditions so far as they relate to them, and one of such duplicate agreement~ said Corporation sha.ll agree on its part to observe and perform the said bylaw, thE! assigns duly to carry out, observe and perform the conditions herein contained, thE! parties thereto, whereby the said Company slli~ll bind itself its successors and Company and the said County Corporation and shall be executed in due form by both agreèment in duplicate shall be prepared in pur suance hereof, between the said (~) WUhin sixty days after the passing of this bylaw a formal manner ,lith the said Engineer and said Clerk within thirty days of the said change. conduits, attachments or connections, a revised plan shall be filed in a like in the ground and in the event of the changing of position of any of such pipes or rl ~ connections detailed plan showing the final and exact -]- and attachments incidental thereto, location of all pipes or conduits and the depths same are to be laid and r 1 ,~ '.. ., -4- period of ten years, the Council may in its discretion renew the same from time to t:i.me for a further period not exceeding ten years at e;ny one time. (12) Upon the termination of this franchise for any' cause whatever the Company shall remove its mains, pipes or conduits, plant and works from the said highways and land and restore such highways and land to the condition which the same were previous to such removal and to the satisfaction of the County Counc:L or its appointee. (l3) Provided that if said m.Üns, pipes or conduits, plant and works are not removed the Company within one year from the termination of said franchise all such mains, pipes or conduits, plant and work shall be forfeited to and become the absolute property of the Corporation and may be dealt with and disposed of as the Corporation may think proper and for the sole use and benefit of the Corporatio (1lJ) Nothing herein contained shall be construed as giving or grantir to the Company any exclusive franchise for any or all the purposes embraced herein. (l5) This bylaw and agreement entered into in pursuance thereof, is subject to all statutes, orders or rules made or to be made by lawfully consituted authority having jurisdiction in the premises. (l6) In case either the Corporation or the Company deems it necessarj or advisable to obtai.n ratification of said bylaw and of the said agreement by the legislature of the Province of Ontario the other party shall concur and assist in obtaining such ratification. TI·IE NUNICIPAL CORPORATION OF THE OOUNTY OF ELGIN ,,~r7/l{;71J vTarden ;" I " ~ . , ....~_" ._ __ n,.,.__ --~--'---'-~'--'._~ . -~. ~~-~.~"_. ,~ ---- -..,~