1820
'd4"" u~ P\:Juul'¡'u~w sasoo.ma aq~ 10 H'e..lO AU'\? JOj. ') ,U'B8 pres 941- WO..!l paMOJJoq swns 11\1 '6
_._M..__..
BY-LAW NUMBER 18~O
- of -
THE CORPORATION ÒF THE COUNTY' OF ElGIN
A By-law to authorize Un,ion Gas Company of Canada, Limited, (herein-
, "
after called "thE'> Company" and which 1¡erm shall include its successors and'
assigns) to c9l1,struct, use and operate works re~uired for the transmission of
gas in ; the' C'ounty of Elgin (herEdnafter called "the Municipality").. ~< } ,..1 .
< '.,'
FINALLY PA8SEDthe 17-t¡hday of January , A.D. ~ 19($3.
WHEREAS thE'> Company has re~uested The Corporation of the County of
jj)lgin to gr'ant it a franchise or right of passing through the Municipa:Lity for
the purpose, of constructing, using and operating a 'line år lines and works for
the transmission through the Municipality of gas not intended to be distributed
from the said line or lines in the Municipality other than to persons whose
land abuts' on a highway along or across , which the same is carried or conveyed.
, AND WHEREAS, subject to the terms and conditions hereinafter set forth,
the Council of The Corporation of the Cóunty of EJ.gin has agreed to grant the
said franchise.
BE IT THEREFORE 'ENACTED by the Council of The'Corporation óf ,the County
of E:Lgin AND IT IS HEREBY ENACTED as follows:-
1- Full right, po~er, permission and consent are hereby granted, conferred
and ašsured unto Union:Gas Company of Canada, Limited, its successors and assigns
to enter upon, use and occupy the highways of oJ:' under the jurisdiction of ,the
Municipality to survey, construct, lay, maintain, inspect, alter, repair, renew,
remove, replace, reconstruct, use and operate in, through, upon, under, along and
across the same or any of them a pipe line or pipe lines with any and all connec-
tions, apparatus, appliances and attachments, including attachments "for cathodic
protection, necessary or incidental thereto and to a system for the purpose of
passing through the Municipality and transmitting gas which is not inten,ded to be
, "
distributed from the said line or lines in the said Municipality other than to
persons whose land abuts on a highway al,ong or across which the same is carried or
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',.,
conveyed.
.,
2. Such right or franchise shall be subject to all the terms and conditions
set out in an Agreement to be entered into between the MuniCipality and the Com-
pany in pursuance of this By-law , which, Agreement shall be in the form hereunto
attached
2
3. The Warden and Clerk of the said Municipality are hereby authorized
and empowered to enter into and to execute on behalf of the Municipality, the
Agreement aforesaid and to affix the corporate seal thereto.
4. This By-law shall come into force and take effect immediately after
an Agreement in the form hereunto annexed ~hall have been executed by all the
parties thereto,
THE CORPORATION OF THE COUNTY OF EmIN
{/ .(j -
tí' Clerk
~ -
Warden
) '%/- ~ t'ft:' 0(3-33
'.
~v
..
'I
It
or conveyed
persons whose land ab~ts on a highway along or across which the same
is car:r:ied
distrib~tedfrom the said line or lines ,in the said M~nicipality other than to
ing thro~gh the M~nicipality and transmitting gas
which is
not, intended to be
tection,
necessary or incidental theret& and to a system for the purpose of pass-
~.
apparat~s,
appliances
and attachments,
incl~ding attachments for cathodic pro-
the
same
or any of them,
a pipe linepr, pipe lines , with any and all connections,
replace,
reconstr~ct,
~se and operate in,
thro~gh,
~pon,
~nder,
along and across
ity to
survey,
constr~ct,
lay,
maintain,
inspect,
alter,
repair,
renew,
remove,
upon,
use and occupy the highways
of, or under the
jurisdiction öf the Municipal-
its successors and assigns,
full right,
power,
permission and consent to enter
1
,The Municipality does
hereby
grant,
confer and assure unto the Company,
part of the Company WITNESSETH as follows
of the performance òf the covenants
and obligations
hereinafter contained on the
f .ð.:1.
r'l {Jlanuar1f
¡f~'
\~~ / thi s Agreement
51( Municipality to execute
NOW TBE?~FORE THIS,INDErITURE made in consideration of the premises and
this Agreement and to affix the
corporate seal theretö
and has
authorized and empowered the Warden and Clerk of the
said
,
AND WEEREAS
19Q$
~Q,
A,D
granted the
said franchise from arid after the execution of
the
MUnicipality has by By_law passed on the 11tbday of
land abuts
on a highway along or across
which the same is carried or, conveyed
edfrom th",
said line or lines in the Municipality other than top"'rsbns
whose
for the transmissiön thro~ghthe
using and ~perating a line
Municipality of gas
not intendèd to be
distrib~t-
ityfor the purpose of
constr~cting,
or lines
and works
its successors and assigns,
,WEEREAS
the Company has req~estedthe Municipality to
a franchise or right of passing through the Municipal-
grant to it and
UNION GAS COMPANY OF CANADA LIMITED,
hereinafter called the, Company'
OF TEE
SECOND PART
AND
-'- -
TEE CORPORATION OF TEE COUNTY orEmIN
hereinafter called "the Municipality}
,
OF TEE
FIRST PART
BETWEEN
-------
AGREEMENT made in d~plicate this 17th day of JáJ1uar:y
,
A,D
~
1963·
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--.-..--~--- ---,_._--,--_.,-~- -.--_._-~------~----.--
and replacing of any
such line or lines or works
or the taking up of any
of the
same
obstructed for any unnecessary length of time and upon the construction,
repairing
wor ks
with all reasonable expedition so that the highways shall not be torn up or
5
The Company
shall construct,
repair and replace any such line or lines
"
or
its line or lines or works
at the point s~eCified
notice
tioned
specifying the
change
desired,
or other
, .~
the Company
shall at its
own expense change
in
writing from the Warden
officer of the
Municipality above men-
order to facilitate the work of the Municipality,
then upon receipt of reasonable
become necessary to have the Company make changes in its
line or lines
or works in
other works
or improvements
thereon or therein and in the course thereof it
shall
construction of any highway or of any municipal
drain,
ditch,
bridge,
culvert or
4
In the event that the Municipality
shall deem
it expedient to alter the
or other works
or improvem"mts
thereon or therein
interfere with the use of the highway or with any
drains,
ditches,
bridges,
culverts
necessary to cross
a highway and shall be
so constructed as
not to obstruct or
shall be located along the
sides
of the
said highways
except where it shall be
and if required by the Warden or other officer of the Municipality above mentioned
3
The
said line or lines shall be placed underground
so far as is practical
the highways
during its
previous fiscal year
and
size of all mains,
pipes,
lines
and works
laid or installed by the Company in
shall file with the Clerk of the Municipality,
months after the close of each of its fiscal years the Company
maps or plans showing the location
Not later than three
before laying or installing any new (or renewal) mains, pipes,
lines and works, the Company shall first file with the said
officer of the Municipality a preliminary map or plan showing
what it proposes to lay or install and the proposed location
thereof and shall also check with and obtain the written
approval of the said officer of the Municipality as to such
proposed location
(b)
no excavation, opening or work which will disturb or interfere
with the travelled surface of any highway shall be undertaken
or commenced by the Company without written notice to such
officer of the Municipality as may from time to time be ap-
pointed by the Council of the Municipality for the purpose of
general supervision over its highways (hereinafter referred
to as "the said officer of the Municipality", which term shall
include the person acting in his stead in the event of his
absence from duty), such notice to be given at least 24 hours
in advance of co~~encing such work unless otherwise agreed to
by the said officer of the Municipality, and
(a)
engineering and construction practices
Except in case of emergency,
pany under this
Agreement
shall be
constructed and laid in accordance with good
.~-?f
"10
2
':';1',.;;.""",,,
All new
(or renewal
',".1.
'«'¡'ið":)/<1',W
)
mains,
";.~;:'
pipes,
2
lines and works installed by the Com-
- 3
or the moving of any of the same from place to place in a higllway, the highway shall,
with all reasonable expedition, be restored to its proper level and grade and left
in as safe and good a state of repair as it was before it was entered upon or opened,
and to the satisfaction of the said Warden or other officer of the Municipality above
mentioned,
6, The Company shall and does hereby at all times indemnify and save harmless
the Municipality from and against all loss, damage, injury or expense which the Muni-
cipality may bear, suffer or be put to by reason of any damage to property or injury
to persons caused by the construction, repair, maintenance, removal or operation by
the Company of any of its mains, pipes, lines or works in the Municipality unless
such loss, damage, injury or expense is occasioned by Act of God or by the act,
neglect or default of some person, firm or corporation other than the Company, its
servants, contractors, sub-contractors, agents or employees.
7· The rights and privileges hereby granted shall continue and remain in
force for a period of thirty years from the date hereof.
8. In this Agreement and in the By-law above referred to,
(a) the word "highway" shall mean a common or public highway and include
a road, bridge and any other structure incidental thereto, now or at
any time during the term of this Agreement under the jurisdiction of
the Municipality,
(b) the word "Municipality" shall mean the County of Elgin as presently
constituted or as it may from time to time be constituted during the
term of this Agreement,
9. This Agreement shall enure to the benefit of and be binding upon the parties
hereto, their successors and assigns,
IN WITNESS WHEREOF the parties have hereunto affixed their respective
corporate seals duly attested by the hands of their proper signing officers in that
behalf
THE CORPORATION OF THE COUNTY OF Elgin
d 9
(" ' " f
, ' '~~'CL--z:.¿--ð-vL-.
Warden
~ .. f .4 ,..:¡;{~ ./
f Clerk
.,
UNION GAB COMPANY OF CANADA, LIMITED
Vice-
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