Loading...
1843 BY -!JlYLYU!'IBElLI ~..J - of - THE CORPORATION OF THE COUNTY OF ELGIN A By-Law to Authorize the Corporat;ion of the Village of Dutton (hereinafter called "the Grantee" and which term shall include its successors and assigns) to construct, use and operate works required for the transmission of water in the County of Elgin (hereinafter called "the Municipality"). FINALLY PASSED the 17th day of September, A. D. 1963. WJillREAS the Grantee has requested The Corporation of the County of Elgin to grant it a franchise or right of passing through the Municipality forbhe purpose of constructing, using and operating a line or lines and works for the transmission through the Municipal- ity of water 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 WHEREA~, subject to the terms and conditions herein- after set forth, the Council of 'rhe Corpora'bion of the County of Elgin has agreed to grant the said franchise, BE IT THEREFORE ENACTED by the Council of The Corporation of the County of Elgin AND IT IS HEREBY ENACTED as follows:- 1. Full right, power, permission and consent are hereby granted, conferred and assured unto the Corporation of the Village of Dutton, its successors and assigns to enter upon, use and occupy the highways of or under the jurisdiction of the Municipality to survey, construct, lay, maintain, inspect, alter, repair, renew, remove, replace, reconstruct, use and operabe in, through, upon, under along and across the same or any of them a pipe line or pipe lines with any and all connections, appara'bus, , ^ , appliances and attachments, including attachments for cathodic protection, necessary or inciden'bal thereto and to a system for the purpose of passing through the Municipality and transmitting water which is not intended to be distribut;ed from the said line or lines in the said 1<lunicipality other than tÓl persons whose land abuts on a highway along or across which the same is carried or 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 Grantee in pursuance of, this By-làW, which Agreement shall be in the form hei"el,mto attached. 3. The Warden and Clerk o~ th~ said Municipality are hereby au'bhorized 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 shall have been execu'ted by all the parties thereto. THE CORPORATION OF THE COUNTY OF ELGIN (l. ,ð,~___ I' Clerk ø~ - , Warden I, J. D. Thomson, Clerk of the Corporation of the County of Elgin, do hereby certify that the foregoing is a true copy of By-Law No. 1843, passed by the Council of the said Corporation on the 17th day of September, 1963. - County Clerk. , ~; " . I ¡¡t:- AGREElI1'ENT made in duplicate this /7 day of September, A. D. 1963. B );;. 1. };l !? E N.: THE CORPORATION OF THE COUNTY OF ELGIN hereinafter called"the Municipality" _ OF THE FIRST PART - AN.!! THE CORPORATION OF THE VILLAGE OF DUTTON hereinafter called "the Grantee" - OF THE SECOND PART - W'lillREAS the Grantee has requested the Municipality to grant to it and its successors and assigns, a franchise or right of passing through the Municipality for the purpose of constructing, using and operating a line or lines and works for the transmission through the Municipality of water not intended to be distributed from the said line or lines in the Municipality other than to persons whose land abu'Þs on a highway along or across which the same is carried or conveyed , or to the Village of Dutton for its use. AND WHEREAS the Municipality has by By-law passed on the IP /7 day of September, A. D. 1963, granted the said franchise from and after the execution of this Agreement and has authorized and empowered the 1varden and Clerk of the said Municipality to execute this Agreement and to affix the corporate seal thereto. NOW THEREFORE THIS l~DENTURE made in consideration of the premises and of the performance of the covenants and obligations hereinafter contained on the part of the Grantee 1rITNESSETH as' follows:- 1. The Municipality does hereby grant, confer and assure unto the Gran'Þee its successors and assigns, full right, pwwer, permission and consent to en'Þer upon, use and occupy the highways of or 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 pip~ ,lines with any and all connections, apparatus, appliances and a'Þtachment"ì" including attachments for cathodic protection, necessary or incidental thereto and to a system for the purpose of passing through the Jvlunicipality and transmi'Þting water which is not intended to be distributed from the said line or lines in the said Municipality other than to persons whose land abuts on a highway along or across which the same is carried or conveyed, or the Grall'Þee for its use. Ii I' i~ :9, I" 't I;:, Ii 1 2. All new (or renewal) mains, pipes, lines and works installed by Grantee under this Agreement shall be constructed and laid in accordance with good engineering and construction practices. Except in case of emergency, (a) no excavation, opening or work which will disturb or interfere with the travelled surface of any h~ghway shall be undertaken or conunenced by Grantee wi't;hout written notice to such officer of the Municipality as may from time to time be appointed by the Council of the Municipal- ity 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 conunencing such work unless otherwise agreed to by the said officer of the Municipality, and (b) before laying or installing any new (or renewal) mains, pipes, lines and works, the Grantee 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 propssed location thereof and shall also check with and obtain the written approvaÌ of the said officer of the Municipality as to such proposed location, Not later than three months after the close of each of its fiscal years the Grantee shall file with the Clerk of the Municipality, maps or plans showing the location and size of all mains, pipes, lines and works laid or installed by the Grantee in the highways during its previous fiscal year, 3. The said line or lines shall be placed underground so far as is practical and if required by the Warden or other officer of the Municipality above mentioned shall be located along the sides of the said highways except where it shall be necessary to cross a highway and shall be so constructed as not to obstruct or interfere with the use of the highway or with any drains, ditches, bridges, culverts or other works or improvements thereon or therein. 4. In the event that the Municipality shall deem it expedient to alter the construction of any highway or of any municipal drain, ditch, bridge, culvert or other works or improvements thereon or therein and in the course thereof it shall become necessary to have the Grantee make changes in its line or lines or works in order to facilitate the work of the Municipality, then upon receipt of , reasonable notice in writing from the Warden or other officer of the Municipality above mentioned sp?cifying the change desired, the Grantee shall at its own exped~e change its line or lines or works at the point specified. "' 5. The Grantee shall construct, repair and replace any such line or lines or works with all reasonable expedition so that the highways shall not be torn up or obstructed for any unnecessary length of time and upon the construction, repairing and replacing of any such line or lines or works or the taking up of any of the same or the moving of any of the same from place to ,place in a highw~ 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 Grantee shall and does hereby at all times indemnify and save harmless the Municipality from and against all loss, damage, injury or expense which the Municipality 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 Grantee 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 Grantee, its servants, contractors, sub"contrac'tors, agents or employees. 7. The rights and privileges hereby granted shall continue and remain in force for a period of Twenty 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 "Municipali,ty" shall mean the County of Elgin as presently constituted or as it may from time to time be constituted during the term of thœs Agreement. 9. This Agreement shall enure to the benefit of and be bind- ing 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 ~~A§V'_ , Warden , f 4, ~~ - /' Clerk THE CORl'ORATION OF THE VILLAGE OF DUTTON ~ 2t;~ . ~_'7' .;.., ..- Re ve ~ '71--" Clerk II:' !'I 11 ¡ I !',I I~ III