Loading...
2046 --~,------.- ~,_.._-- ~-._. .____...." n ,- along or across which the same is carried or conveyed -III I 1,1 ,I ,I! III 1 said Municipality A By~Law to Authorize the Corporation of the Village of Belmont (hereinafter called "the Grantee" and which term shall include :i:t;s successors and assigns) to construct, use and operate works required for the transmission of water in the County of Elgin (hereinafter called "the Municipality"). WHEREAS the Grantee has requested The Corporation of the County öf Elgin to grant it a franchise or right of passing through the Municipality for the purpose of constru.cting, using and operating a line or lines and works for the transmission through the Municipality of water not in'tended 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 County of Elgin has agreed to grant the said franchise. BE IT THEREFORE ENACTED by the Council of The Corporation of ' i the County of Elgin AND IT IS HEREBY ENACTED as follows:~ I 1. Full right, power, permission and consent are hereby granted, conferred and assured unto 'rhe Corpora'tion of the Village of Belmont, its successors and assigns to enter upon, use and occupy the highways of or I under the jurisdiction of the Municipality to survey, construct, lay, maintain, inspect, alter, repair, r enmv, 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 connections, apparatus, appliances and attachments, including attachments for cathodic protection, necessary or inóidental thereto and to a system for the purpose of passing through the Municipality and transmi tt;ing water which is not intended to be distributed from the said line or lines in the 11'1 II "j I'! III' , I I ill other than to persons whose land abuts on a highway THE CO,!3.POISt\.1IgN OX-1ME COUNTY OF ]':I.GIN rill A', " r , , it -of~ BY..=LAT,:[..lIUMBER 2046 '.~''''''-.'''''''"_'-' - '~'''' 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-Law, which Agreement shall be in the form hereunto attached. 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 hereuni:;o annexed shall have been executed by all the parties thereto. R.EAD a first time this 19th day of November, A.D., 1968. READ a second time this 19th day of November, A.D., 1968. READ a third time and passed this 19th day of November, A.D., 1968 ç;~9ft~~~ ,#;jíf Warden rk FINALLY passed this 19th day of November, A.D. , 1968. o.~)pc ~____ Warden II I:! I: !, A G R E E MEN T made in duplicate this 19th day of November A. De, 1968. BET WEE N . . THE C~ORATION OF THE COUNTY OF ELGIN, hereinafter called "the Municipality" OF THE FIRST PART - and ~ TIlE ÇORPORATION OF TtlE VILLAGE OF BELMONT, hereinafter called "the Grantee ". OF THE SECOND PART WHEREAS 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 constructirg using and operating a line or lines and works for the distribution of water within the Municipality. AND IJiHETŒAS the Municipality has by By-Law passed on the 1 iI, 1968, granted the said franchise from ! ' day of November, AøDð, and after the execution of this Agreement and has authorized and empowered the Warden and Clerk of the said Municipality to execute "this Agreement and to affix the corporate seal thereto. NOW THEREFORE THIS INDENTURE made in consideration of the premises and of the performance of the covenants and obliga"tion hereinafter contained on the part of the Grantee WITNESSETH as follows: 1. The Municipality does hereby grant, confer anda~sure unto the Grantee its successors and assigns, full right, power, permission and consent 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 operate in, through, upon, under, along and across the same or any of them, a pipe line or pipe lines with any and all connections, apparatus, appliances and attachments, including at;tachments for cathodic protection, necessary or incidental thereto and to a system for the purpose of distributing water within the ~lnicipality. 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, of the same from place to place in a of., 'the high~!ay , same or the moving of any the highway shall, with all lines or works or the taking up of any and upon the construction,repairing and replacing of any such line or shall not be torn up or obstructed for any unnecessary length of time or lines or works with all reasonable expedition so that the highways II 5. The Grantee shall construct, repair and replace any such line expense change its line or lines or works at the point; specified mentioned specifying the change desired, the Grantee shall at its own II III' writing from the Warden or other then upon officer of the Municipality above ¡ ! ! the work of the Municipali't;y, receipt of reasonable notice in Grantee make changes in its line or lines or works in order to facilH;ate therein and in the course thereof it shall become necessary to have the ditch, bridge, culvert or ot;her works or improvements thereon or to alter the construction of any highway or of any municipal drain, 4. In the event that the Municipality shall deem it expedient other works or improvements thereon or therein I II use of the highway or with any drains, di tches, bridges, culverts or and shall be so constructed as not to obstruct or interfere with the said highways except; where it shall be necessary to cross a highway Municipality above mentioned shall be located along ~he sides of the is pr'act;ical and if required by the Warden or other officer of the 3 . The said line or lines shall be placed underground so far as previous fiscal year works laid or installed by the Grantee in the highways during its or plans showing the loca'tion and size of all llains, pipes, lines and years the Grantee shall file with the Clerk of the Municipality, maps Not later than three months after the close of each 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 proposed location thereof and shall also check with and obtain the written approval of the said officer of the ~funicipality as to such proposed location of its fiscal (b) (a) no excavation, opening or work which will disturb or interfere with the travelled surface of any highway shall be undertaken or commenced by Grantee wi'thout written notice to such officer of the Municipality as may from time to time be appointed 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 commencing such work unless otherwise agreed to by the said officer of the Municipality, and "'';'''' ~- "-,.r .. . .-. /'''" ~~-~ "r .... -"",,"- 2 - . v . ,- ~, . ~"~'--"-~--... 3 , i i reasonable expedition, be restored to its proper level and graded and left in as safe and good a state of repair as it \~as 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 ! I ~~'""-~"---~-' --.,-.,.--- .--..-.-.- .-" --- - I upon the parties hereto, their successors and assigns 9 . THIS AGREEMENT shall enure to -the benefit of and be binding the word 'Municipality" shall mean the County of Elgin presently constituted or as it may from time to time be constituted during -the term of this Agreement (b) as 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 (a) 8 In this Agreement and in the By-Law above referred to, remain in force for a period of twenty years from the date hereof 7 . The rights and privileges hereby granted shall continue and servants, contractors, sub-contractors, agents or employees default of some person, firm or corporation other than the Grantee, its injury or expense is occasioned by Act of God or by the act, neglect or mains, pipes, lines or \~orks in the Municipality unless such loss, damage, repair, maintenance, removal or operation by the Grantee of any of its of any damage to property or injury to persons caused by the construction, or expense which the Municipality may bear, suffer or be put to by reason save harmless the Municipality from and against all loss, damage, injury I I I I! ! I I ¡ ~"~ .'t'.:' ...:,;'," , 4 IN WI'fNESS WHEREOF the parties have hereunto affixed their respective corporate seals duly attested by the hands 'Df their proper signing officers in that behalf. THE CORPORATION OF THE VILLAGE OF BEUlONT ---------_.~---~-- Reeve - ----- Clerk THE CORPORATION OF THE COUNTY OF ELGIN o~_~~c(jdfl~ Warden ftL ~ Clerk v . ~ w.'_ .' " -, ,.-.