1876
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BY-LAT'! NImm:;R 1876
-of-
THE CO¡qORATION OF 'rIm ..COUNTY OF BLG;j:N
A By-I.aw ta autharize t;he Aldbor.ough. Township Area
School B.oard (hereinafter called "the Grantee" and which term shall
include its successors and assigns) ta c.onstruct, use and operate
works required for the distribution .of water I'd-thin ·the County .of
Elgin (hereinafter called "the Municipality").
WHEREAS the Grantee has requested The C.orp.orati.on of
the County of Elgin t;a gran-t ita franchise .or right of passing
thr.ough the Municipalit;y far the purpose of constructing, using and
.operating a line .or lines and works for the dis-tribntian .of water
within the Municipality.
AND WHEREAS I subject to the terms and condi-tions
hereinaf-ter set forth, the Council of the Corporati.on of the County
of Elgin has agreed to grant the said franchise.
BE IT THEREFORE ENACTED by the Council of The
C.orporation of the C6unty ill Elgin AND IT IS HEREBY ENACTED as
foll.ows:-
1. Full right, power, permission and consen·t are hereby
gran·ted, conferred and assured unto the Aldb.orough T.ol'i11ship Area
Schaol Board, its successors and assigY1S to enter upon, use and ,
occupy ·the highways of or under the jurisdiction of the Hunicipality
to survey, constrllct, lay, maintain, inspec-t I aI-tel' , repair, renew,
remove, replace, recans-truct, use and operate in, through, up.on,
under, along and across the same or any .of -them a pipe line or pipe
lines wit~h any and all connections" appara-tus, appliances and
a·ttachment~s , including attachmen-ts for ca-thodic pratection, necessary
.or inéiden-tal thereto ;'Ind -to a system for -the purpose of distributing
wa-ter wi-thin the Municipality,
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2 Such right or franchise shall be subject to all the
terms and conditions se-t out in an Agreement -to be entered into bet\Veen
"'
-the I'{unicipality and the Gran-tee in pursuance of this Ry"'Law, whièh
Agl'eement shall be in the form hereunto attached.
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3. The Víarden and Clerk of the said Municipality are hereby
authorized and empo\'¡ered to enter into and to execute on behalf of
the Municipality, the Agreement aforesaid and to affix the Corpol'ate
seal there-to.
4. 'fhis By-Lm~ shall come into force and take effect
immediately af-ter an Agreement in the form herennto annexed shall
have been executed by all the parties thereto.
READ a first; time this 18th day of November, A. D., 1964.
READ a second time this 18th day of November, I'ì. . D. , 1964.
.READ a third -time and passed this 18th day of November I A. D., 1964.
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1i\farden Clerk
FINAtI,Y passed this 18th day of November, A. D., 1964.
æL.4.-ru.1: ~. e¡~?k.. ~¿/L---:-/-____.-
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1i1Tarden Clerk
;~
or' any of them, a pipe
apparatus, appliances
and
line or pipe
Ii! "h,~,
atta¿hii1èÜts
I
including
attachments
for
lines
wit/Ì1
any and all
connections,
use and
opera·te in,
tI\rough,
upon,
under,
along and across
the same
maintain,
inspect.,
al-ter,
repair,
renew,
remove,
replace,
reconstruc-t,
the
jurisdiction
of
the
Municipality to survey,
construct,
lay,
and consent to enter
upon,
use and occupy the highways of or under
the Grantee its successors and
assigns,
full right,
power?
permission
1.
The
Municipality does
hereby
gran-t,
confer and assure
unto
hereinafter contained on the
part
of
the Gran·tee
VlITNESSETH
as follows:
of the premises
and of the performance
of the covenants and oblå:ga:tions
N01'J Ir
HEri.EFOR
THIS INDEN'rURE
made
in consideration
to execute ·this Agreement
and
to affix the corporate
seal thereto
auUlOrized and empowered the
\1,Jarden
and
Clerk
of
-the said
Municipality
franchise from and
after ·the execut,ion of
this Agreement and
has
on the
18th
day of
November
A
D
. I
1964,
granted the said
I:
AN
D
"\V'HBREAS
the Municipality has by By-Law passed
of
water
wi thin the
Municipality
.
using and operÐ.ting
a
line or
lines and
works
for the distribution
of passing through
the
:Hun
cipality
for the purpos e of constructing,
to Grant to
it and
ŒBREAS
its successors
the
Grantee
and assigns I
has reques-ted the
a franchise or right
Municipality
THJt ALDBORQUGH 'rO\',INSHIP
hereinafter called
OF
AREA SCHOOL
the Grantee
THB SECOND
II
PART
BOARD
and -
OF THE
THB CORI)ORA'rION F _Tln~ cO:QJrry _9F~ E~GIN,
hereinafter called "the Nunicipality"
FIRS,]?
PART
B
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"'
T
~:,\r
E
'i';'
u
N
of
t~'ovember,
A G
R
..
A
E
.
D. ,
E
"
M
1::.
1964
N
T
"
made
in duplicate this
18th
-
dÐ.Y
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the
ditch, bridge, culvert or
therèin and in the cou.rse
Grant-ee make changes
in
\~\¡);ks
-,.
thereof it
its
line or lines or
shåll become necessary
works
in order
too
have
to
,
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oth!jjr;
of any highwqy
61'
or
'improvements
thereon or
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to alter the construction
of
any municipal
drain,
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In
the event< that
t.he
¡'!unicipality shall deem it expedient
culverts or other works or improvemen-ts thereon
or therein
.
\~i'th the
use of the
highwqy
or
wi
-th
any drains,
ditches I
bridges,
;1
:'
I,
highway
and shall be so constructed as
no·t
to obstruct or interefere
of the said
highways
except
where it shall be necessary to cross a
the
Nunicipality
above
mentioned shall
be loca-ted
along the sides
aO'
- ,0
is
practical and
if requi
red by the
-í'Iarden or other officer of
3
'£he said line or lines shall
be placed
underground so
far
dur:mg its previous fiscal year.
lines and
works
laid
or
installed
by the
Grantee
in
the highways
map s or plans showing the location
and size
of all mains,
pipes,
years the Grantee shall file
with the Clerk of the
1víunicipality,
Not later than three months after the close of each of its fi
(b)
scal
before laying or installing any new (or renewal) mains,
pipes, lines and works, the Grantee shall first file
with the said officer of the Hunicipality a preliminary
map or plan showing wha·t it proposes to lay or install
and the proposed 10catioffi~ßreof and shall also check
with and ob-tain the wri'tten approval of the said officer
of the Municipality as to such proposed location
no excava'tion, opening or \>lOrk which will disturb or
interfere wi-th the travelled surface of any highway
shall be undertaken or commenced by Grantee without
written notice to such officer of the Hunicipality
as may from time to time be appointed by the Council
of the Municipality for the purpDse of general
supervision over its hig!nlaYs (hereinafter referred to
as lithe said officer of the Jlíunicipality", which term
shall include the person actin~ in his stead in the
event of his absence from duty), such notice to be
given at least 24 hours in advance of co~nencing such
work unless otherwise agreed to by the said officer
of the JY!unicipality, and
(a)
Except
in case of
emergency
.
and
laid in accordance with
good
eng:l.neering and construction practices.
installed by
Grantee
,mder
this Agreement;
shaJ.l be
constructed
2.
All
new
(or renewal)
mains,
pipes I
lines
Municipality
!
works
and
for the
.:,¡
cathodic
purpose of dis-tributing
protec-tion,
necessary
'water
or
-2-
inc
within the
iden-tal thereto and to
a
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sys-tem
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facilitate the work of the Hunicipality, then upon receipt of
reasonable notice in writing from the Warden or other officer of
the Municipality above mentioned specifying the changerdesired, the
Grantee shall at it;s own expense change its line or lines or \wrks at
the point specified.
5. The Grantee shall construct I repair and replace any such
line or lines or works with all reasonable expedition so that the
highways shall no-t _be torn up or obstructed for any unnecessary
length of time and upon the cons-truction, 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 highway, the
highway shall I with all reasonable expedi-tion, be restored to its
proper level and graded and left in as safe and good a state of repair
as it was before it was en-tered upon or opened, and to the satisfaction
of the said 1tlarden or o-ther officer of the Municipality above mentioned
6. The Grantee shall and does hereby at all times indenmify
and. save harmless the Municipality -from and ag1:!inst all loss, dama ge,
injury or expense which the I'íunicipality may bear, suffer or be pu-t
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
Nunicipality unless such loss, damage, injury or expenses is occasioned
by Act of God or by the act, neglect or default of some person, d'~:m or
\
corpora-cion other than the Gran-tee, its servants, contractors, sub-
con-tractors, agents or employees.
7. The rights and privileges hereby granted shall continue
and remain in forcefor a period of Twenty years from the date hereof.
8 In this AgreemelTt 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 incidelTtal thereto, now or at any time
during the t~rm of this Agreement under the
jurisdictionqf the Nunicipality.
(b) The word "Nunicipali-ty" shall'· me,an the County of
Elgin as presen-tly O¡Dlj1,st~:~uted 'o'r as it may from
-time to time be constitut'ed during the term of
this Agreement.
,
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'ìn t1r::J~
v'carden
THE CORPORATION
/
_~l
OF
THE COUNTY
OF ELGIN
~
THE
ALDBOROUGH
TOviNSHIl'
ARJ<:A SC
HOOL BOARD
their proper signing
officers in
that behalf
their respective
IN
WITN
corporate
ESS
WHEREOF the parties have
seals duly attest
by the
hereunto affixed
hands of
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9. 1'his Agreement
binding upon -the parties
4
s_hall enure -to -the b enefi t of and be
hereto, their su.ccessors and assignso