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BY-LAW NUMBER 1649
certain privilege~
tion comrany Limit
Ii Mainta n a Water
sterly side of the
between Lots 15 a
n 8__ Township of M
,tion Gompany Limit t: called
the "Company" is a Company duly incorporated under the Comp-
anies Act of the Province of Ontario being R. S. 6.1950,
Chapter , and other Acts relating thereto.
a bdrw
AND WHEREAS it appears that the Highway mmx~
mentioned is vested in the Corporat.ion of the County of Elgin
as a County Road or Highway and the Company has applied to
the Corporation for the right to construct and maintain a pipe
l:ire for the conveying of water along, upon and under such road
or Highway as hereinafter mentioned subject to the terms, con-
ditions, agreements and regulations 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 the powers 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 Carnation Company Limited its successors, and assigns, all
right, power, authority, permission and consent to construct,
I lay and maintain a pipe line for the purpose of conveying water
along the portion of the road or Highway more particularly des-
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I cribed in Schedule "A" hereto annexed and for the purpose afore-
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I said to use and occupy the said Highway sub~ect to the conditions
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regulations, stipulations, set out in the said schedule.
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2. That the Warden and Clerk are hereby authorized and dir-
ected to execute this by-law and the Agreement to be prepared in
pursuance hereof and attach the seal of the Corporation thereto.
3. The word Highway in this By-Law shall include Streets
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and bridges forming part of the highways upon on over or
across which the Highway passes.
4. This By-Law is subject to all statutes, orders and
rules made or to be made lawfully constituted having jurisdiction
in the premises.
READ ar)j'irst and Second Time this 16th day of June, 1954
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( Clerk.
Read a Third Time and Finally passed, this l6th day of June
1954.
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(/ Clerk
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(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 high-
ways by all persons entitled there~o and subject to the rights
of the owners of propertiès 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 sub-
ject also to the rights and privileges which the said Corporat-
ion may grant to any other companies or persons to lay pipes
erect poles, string any kind of wires for any purpose, or construct
railways on said highways ,¿;n 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.
(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 carelessness, neglect, default ~r misconduct or otherwise
of its agents, servants, or employees in the management, constru-
ction, maintenance, laying or use of its pipe lines, and the said
Company shall indemnify, save and keep harmless the said Corpora-
tion of the County of Elgin from any damage, claim or demand that
may be claimed by property holders or any person or persons on
account of the laying of its pipe lines incidental thereto or
the use th~F~of, and shall indemnify the said Corporation against
all loss ;:rërãmages and expenses the IJorporation 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 or operation ofsaidpLpe lines or incidental
thereto, provided, however that the Company shall have reasonable
notice and an opportunity to defend.
(2) In the construction, maintenance and repair of the said
system the Company shall use due care and diligence so that tra-
fic shall not be impeded or interferred with any more than is
necessary for the construction or repair of said system, and so t
that after the said pipe lines have been laid and completed there
shall be nO obstruction to or interference with all lawful traffic
and user on, over and along the highways or to the ditches or
drains thereon now or hereafter constructed, improved or maintained
And 'where any drains or ditches are considered or made necessary
by-~eason 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 tof said County Engineer or other
person appointed by the Council during the continuance of this
franchise.
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(l) 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 conditions, 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 appointed by the said County directs otherwise.
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To By-~aw No. 1649 ,of the
Corporãtion of the County of
Elgin, Referred to in the
said By-Law hereto Annexed.
SCHEDULE
II
A
II
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(10) Where there is default by the Company with respeçt 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, re-
pair, remove or otherwise deal with the pipe lines or any connec-
t~ons or attachments incidental thereto, and the Company shall
re~mburse the Corporation and pay all costs and expenses the
(9) The Company shall use all practical and¿f.ïRPer means at
all times to prevent the escape and leakage of .., r- '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 Cor-
poration and all persons affpcted, all damage which they may be
caused by the works or operations of the Company or by reason
of any leakage from the pipes.
(8) Within 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, whereby the said
Company shall bind itself, its successors and assigns duly to carry
out, observe and perfor~ the conditions herein contained, and the
said corporation shall ~ree on its parts to observe and perform
the said By-law and the said Conditions so far as they relate to
them, and one of such dup.1}~Ye agreements duly executed as abre-
said shall be depositedf"'Cl'e,r'k of the said County, and the other
shall be given to the said Company, and from that time this By-
Law and the saD Agreement shall be binding upon the said Company
and the said Corporation.
(7) The Company shall within thirty days of the completion
of the work file with theEngineer of the san 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 attachments in-
cidental thereto, and the depth same are laid out in the ground,
and in the event offue changing 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,within
thirty days of the said change.
(6) All work done in pursuance of the said By-Law shall be
subj.ect to the approval, sanction and direction of the said Cou 1tyy
Engineer for the time being of the said Corporatio 1 or other per-
son 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 of the said pipe lines
and the manner of laying the same, or where such. lines shall be
buried or otherwise howsoever, as in his judgment shall be con-
sidered best in the interest of the said Corporation: all such dir-
ections 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 expenses of the County Engineer or
otherperson so appointed during the time he may be so employed
and the expenses connected with this By_Law and the said Agree-
ment 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 Clerk of the said County.
(5) The 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 require the Company to vary the
position to any pipe lines or connections or,' attachments incidental
therew, at any time, at the sole cost and expènse of the said Com-
pany upon thirty days'notice in writing by the Corporation.
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( Clerk
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Wa
DATED this
day of June,
16th
(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 ~rov-
ince of Urtario, the other party will concur and assist in ob-
taining such ratification.
A.
D.
1954
(14) This By_Law and the Agreement entered into pursuant
thereto is subject to all statutes, orders or rules made or
tp be made by lawfully constituted authority having juris-
diction in the premises.
(l3) Nothing herein contained shall be construed as giving
or granting to the Company an exclusive franchise for any or
all the purposes embraced herein.
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(l2) Upon the termination fo this franchise for any cause
whatever the Company šall remove its mains, pipes, plant and
works from the said streets and highways and retore such
st~eets and highways to the condition in which the same were
previous to such removal an~ to the satisfaction of the County
Councilor its appointee. ,Provided that if said mains, pipes,
pant and works are not removed by the Company within one year
after the termination 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 Corporation may think proper, and for the
sole use andbenefit of the Corporation.
(11) The franchise hereby granted shall befor 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 ofœn years, the Council may in
its discretion renew the sarne from time to time for a further
period of not exceeding ten years, at anyone time.
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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 s~ch service.
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CERTIFIED COPY OF RESOLUTION
OF BOARD OF DIREC'l'ORS
OF CARNATION COMPANY LIMITED
RESOLVED, That the act of E. S. Hartwick, Secretary of the Company,
in executing a.nd delivering for and on behalf of the Company a
certain Agreement dated June 16, 1954, between the Company, as Party
of the First Part, and the Corporation of the County of Elgin, as
Party of the Second Part, incorporating By-Law No. 1649 of the said
Corporation of the County of Elgin, granting certain privileges to
the úompany to lay and maintain a water pipe on the westerly side of
the road allowance betMJen Lots 15 and 16, Concession 8, TOl'llship of
Malahide", County of Elg:i.n, Province of Ontario, Canada., b hereby
ratified, approved and confirmed in all, respects.
I hereby cer'l;ify that as attorney for Carnation Company Limiteè.
I have custody of the books and records of said corporation, and
that the førego1ng is a true, full and correct copy of a resolution
duly approved am adopted by the Bøanl of Directors at a meeting
held øl'l September 20, 1954, and that said resolution is stillixt
full føroe and effect.
IN WITNESS ,IßREOF, I have hereuntø set r¡yy- hand and affixed the
corpørate seal of the company this 8th day of October, 1954.
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THIS AGREEMENT made in duplicate this 16th day of June, A. D. 1954
BETWEEN :
CARNATION COMPANY LIMITED, hereinafter oalled the COMPANY
OF THE FIRST PART
AND:
THE CORPORATION OF Tl-ΠCamTY OF ELGIN, hereinafter oalled the
CORPORATION
OF THE SECOND PART.
WHEREAS the Corporation on the 15th day of June, 1954, passed
By-Law No. 1649, oopy of whioh is hereto annexed, and did thereby give its
consent so far as it has jurisdiotion to the Company for the oonveying of
water along, upon, and under suoh Highways, and land, mentioned in the said
By-Law, subject to the terms and oonditions in the said By-Law oontained,
and it was therein provided that a formal agreement in duplioate should be
prepared in pursuanoe thereof between the Company and the Corpmration,
and should be exeouted in due form by both parties thereto, whereby the
Company should bind itself, its sucoessors and assigns, duly to carry out,
observe and perform the oonditions in the said By-law oontained, and"the
Corporation should on its part agree to perform and observe the provisions
of the said By-Law and the said conditions so far as they relate to them anà
these presents are exeouted in pursuance of the said provisó;
NOW THIS AGREmlIENT WI'l'NESSETH that the Company, for itself,
its suooessors and assigns, oovenants and agrees with the Corporation, its
suooessors and assigns, to oarry out, observe and perform the oonditions in
the said By-law oontained and on the part of the Company to be performed,
observed and oomplied with, and the Corporation on its part agrees with the
Company, its sucoessors and assigns, to observe and perform the provisions
of the said By-law and the said oonditions so far as the same relate to the
Corporation.
IN WITNESS WHEREOF the Company has hereunto affixed its oorporate
seal under the hands of its proper offioers 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.
SIGN.E:D, SEAlED & DELIVERED . ( ~ COMPANY LTD.
) By:
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(tH) ;t.
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(The Corporation Of~~/~1Elgin
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ISDALL
BARRISTERS 8: SOLICITORS
NOTARIES PUBLIC AND CONVEYANCERS
SOLICITORS FoR
THE ROYAL BANK OF CANADA
THE TOWN OF AYLMER
¡"HE NORTH ANP SOUTH DORCHESTER MUTUAL FIRE INSU<1ANCE CO,
AYLMER, ONTARIO
Ootober 30th.l954.
J. Thompson Esq. ,
Clerk of the County of Elgin,
Court House,
St. Thomas, Ontario .
Dear Sir .-
We enclose herewith the original Agreement
between the County and the Carnation Company which has
been ,exeouted by the Company .
We understand that plans of the Pipe Line
have been filed with the County Engineer .
Yours truly,
Haines & Tisdall .
APT/LB. Per- Cl- e/". '1
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