1623
THE CORPORATION OF THE COUNTY OF ELGIN
BY LAW NUMBER 1623
Granting privileges to Dominion
Natural Gas Company, Limited.
THE COUNCIL OF THE CORPORA'l'ION OF THE COUNTY OF ELGm ENACTS
AS FOLLOWS:
1. WHEREAS by By-Law Number 1197 dUly passed by the
Council of the said Corporation on the twenty-seventh day of
January, 1933, a franchise was granted Southern Ontario Gas
Company, 1imi~ed to construct and maintain a system of pipes
for conveying and distributing gas ove~, along or upon such
roads or highways, as provided, subject to the terms, condi-
tions, agreements and regulations set out in Schedule nAn to
said By-Law Number 1197 attached, in which franchise it was,
among other things, provided:
"The franchise hereby granted shall be for the
term of ten years from and after the final
passing of the by-law. Provided that if at
any time prior to the expiration of said term
of ten years or any renewal thereof, the Com-
pany shall notify the Corporation in writing
that it desires a renewal thereof for a fur-
ther period of ten years, the Council may in
its discretion renew the same from time t,o
time for a further period not exceeding ten
years at anyone time."
2. AND WHEREAS by letters Patent- issued December the
twenty..seventh, 1939, under The Compan;tes Act (ontario) t
Section 11, the property, rights. privileges and franchises
of Southern ontario GaS ,Company, ,Limited became and are vested
in Dominion Natural Gas Company, Limited, an amalgamate corpor-
ation composed of The Dominion Natural Gas Company, Limited and
Southern ontario Gas Company, Limited subject to all the liabil-
ities, contracts, disab;tlitiesand duties of each of the Ðorpor-
ations so amalgamated, !.J
3. .AND WHEREAS by By-Law Number 1402, passed the twenty-
second day of January, 1943, the Council of the said Corporation
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renewed B,y-LawNumber 1197 and ~he agreemen~ ~herein rererred
~o for a fur~her period of ~en years from and af~er ~he ~wenty-
seventh day of January, 1943.
I 4. .AND WIIIJ:BEAS Dominion Na~ural Gas Oompany", Limited,
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I the said amalgama~e company, has duly no~ified the Oorpora~ion
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I in writing that it desires a ,renewal of the said franchise
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granted to Southern Ontario GasOompany, Limited by said By-Law
Number 1197 and of the agreemen~ entered in~o by ~he las~ named
Company wi~h the ,Corpora~ion of ~he Coun~y ot Elgin pursuant to
said By~Law Number 1197"for a further period of ten years from
and after the twenty-seventh day of January, 1953.
NOW TmmEFOHE the Council of the said Corpora~ion of
the Oounty of Elgin hereby enac~.s:
1. The franchise granted by the said By-Law Number 1197
and the agreement therein referred to are hereby renewed for
the period of ten years from and after the twen~y-seven~h day
of January, 1953.
.
2. The Warden is hereby au~horized, empowered and
directed to execute and deliver on behalf of the Corporation
of the Oounty of Elgin and under its corporate seal, counter-
signed by, the Clerk, an agreemen~ in the form set for~h in ~he
Schedule here~o annexed upon the delivery by Dominion Natural
Gas Company, .Umi~ed of a counterpar~ of said agreemen~ under
the seal of the said Dominion Na~ural Gas Oompany, Limi ~ed,
and ~he hands of its p~oper officers in ~ha~ behalf.
PASSED this 26th day of N'ovember , A.D. 1952 .
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CIERK " WARDEN
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THE SCHEDUlE ref'erred 'to in 'the f'oregoing by-1.aw.
MEMORANDUM OF AGREEMENT made the 26th day 01'
November , 1952 .
BETWEEN :
DOMINION NATURAL GAS COMPANY, LIMITED, a body
corporate and politic organized under the laws
01' the Province 01' Ontario, hereinafter called
the "Company", of the First Part,
and
THE CORPORATION OF THE CœNrY OF EIGIN, herein-
after called the "corporation" of the Second Part.
WHEREAS by By-Law Number 1197 passed by the Council
of the said Corporation on the twenty-seventh day of January,
1933, a franchise was granted by said Corporation to Southern
Ontario Gas Company, Limited, to construct and maintain a
s~stem 01' pipes for, conveying and distributing gas over,
along or upon such roads or highways, as provided, subject
to the terms, o onditions, agreements and regulations set out
in Schedule "A" to said By-Law Number 1197 attached.
ANDWHERE.AS by I.ßtters Patent issued under The
Companies Act (Ontario) the franohises, rights and privileges
of Southern Ontario Gas Company, Limited became and are vested
in Dominion Natural Gas Company, Limited, an amalgamate company
made up of the sSoid Southern Ontario Gas Company, Limited and
The Dominion Natural Gas Company, Limited, and the said Dominion
Natural Gas Company, Limited has requested So renewal 01' the said
franchise and agreement.
AND WHEREAS by By-Law Number 1402, passed the twenty-
second day of January, 1943, the Council of the said Corporation
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renewed By-Law Number 1197 and ~he agreemen~ ~herein referred
~o for a fur~her period of ~en years from and after the twenty-
seventh day of January, 1943.
AND WHEREAS by By-Law Number 1623 passed the 26th
day of November , 1952 , the said franohise and agreement
has been renewed 1'01' the further term of ten years from the
twenty-seventh day 01' January, 1953; and these presents are in
furtheranoe 01' the said By-Law Number 1623 .
NOW THEREFORE the parties hereto, their suooessors
and assigns respeotively hereby oovenant, promise and agree
eaoh with the other as follows, that is to say:
1. The franohise granted by the said By-Law Number 1197
and the agreemen~ therein referred to are hereby renewed 1'01'
the period 01' ten years from and after the ,twenty-seventh day
01' January, 1953, upon the terms and oonditions mutatis
mutandis set forth in said By-Law Number 1197.
2. The Oompany doth hereby deolare its aooeptanoe 01'
the said renewal, and for itself, its suooessors and assigns,
oovenants and agrees with the Oounty, its suooessors and
assigns that it will perform, observe and oomply with all
the agreemen~s, obligations, ~erms and oonditions in the
said renewal by-law oontained, and on i~s part to be per-
formed, observed and complied with, and the ,Oounty agrees
to observe and perform the said renewal by-law and conditions
so far as the same relate to them.
IN WITNESS WHEREOF the Company has hereunto affixed
its oorporate seal under the hands 01' the President and Seore-
tary 01' the Oompany and the Municipal Oorporation has hereunto
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affixed its corporate seal under the hands of the Warden and
Clerk of the Corporation.
SIGNED, SEALED AND DELIVERED ) DOMINION NATURAL GAS COMPANY,
LIMITED
in the presence of )
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By president
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By
) Secretary
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THE CORPORATION OF THE COUNTY
) OF ELGIN
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~ Warden n
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DCMINICN NATURAL GAS COMPANY, LIMITED
22D DELAWARE AVENUE
BUFFALO 2. N. Y.
Oct ober 15, 1952
The Municipal Corporation of the County of Elgin
On January 27, 1933 the Council of the Corporation of
the County of Elgin duly passed By-Law Number 1197, said
by-law being a franchise granted to Southern Ontario Gas
Company, Limited, in which franchise it was provided among
other things: "The franchise hereby granted shall be for
the term of ten years from and after the final passing of
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 writing that it
desires a renewal thereof for a further period of ten years,
the Council may in its discretion renew the same from time
to; time for a further period not exceeding ten years at any
one time."
On December 29, 1939 under The Companies Act (Ontario)
the property, rights, privileges and franchises of Southern
Ontario Gas Company, Limited became and are vested in Domin-
ion Natural Gas Company, Limited, an amalgamate corporation
composed of The Dominion Natural Gas Company, Limited and
Southern Ontario Gas Company, Limited.
In conformance with the provisions of said By-Law
Number 1197, Dominion Natural Gas Company, Limited hereby
advises you that it desires a renewal of said By-Law Num-
ber 1197 for a further period of ten years from January
27, 1953.
DOMINION NATURAL GAS COMPANY, LIMITED
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J.R.REEVES (
HLR/SS
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