2047
.B.Y-LAW' NUMBER 2047
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J'HE CORPORATI..9N OF_ THE...,Ç..9J!lI'rY_..9E ELGIl!,
A By-Law to Authorize the Corporation of the Township of
Yarmouth (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").
WfŒREAS the Grantee has requested The Corporation of the County
of Elgin to grant it a franchise or right of passing through the Municipal-
ity 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 Þfunicipality
other than to persons who,se 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 Coun-ty 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 Township of Yarmouth,
its successors and assi~~s 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 attachments for cathodic
pro'tection, necessary or incidental thereto and to a system for the
purpose of passing through the Municipality and transmitting water which
is not intended to be distributed frôm the said line or lines in the said
Municipa1.ity other than to persons whose land abuts on a highway along or
across which the same is carried or conveyed
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2. Such right 01' f1'anchise 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 corpo1'ate seal
thereto.
4. THJ:S By-Law shall come into force and take effect imInediate1y
after an Agreement in the form hereunto annexed shall have been executed
by all the parties thereto.
READ a first time this 19th day of November, AoD., 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.
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Warden
FINALLY passed this 19th day of November, AoD. , 1968.
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A G II. E E MEN T made in duplicate this 19th day
of November A D. , 1968.
BETWEEN :
THß, CÒRt:Q.~A'rrO!i..-ºF THE COUNTY Q.F ELGIN,
hereinafter called "the Municipality"
OF THE FIRST PART
- and ~
THJâ....,ÇOfiE.Q.ß&,TTON.QF TIiJ1.-,!.OWNSHTP_OF Y ARMOU'ttl,
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 constructing, using and
operating a line or lines and works for the distribution of water within
the Municipality.
AND WHEREAS the Municipality has by By-Law passed on the
t1(J, day of November, A.D., 1968, granted the said franchise from
and after the execution of this Agreement and has authorized and
empowered the Warden a,nd Clerk of the said Municipality '1;0 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 obligation
hereinafter contained on the part of the Grantee WITNESSETH as follows:
1. The Municipality does hereby grant, confer and assure unto the
Gran"tee 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, a~ong and across the same or any of
"them, a pipe line or pipe lines with any and all çonnections, apparatus,
appliances and at'tachments, including attachments for cathodic protection,
necessary or incidental thereto and to a system for the purpose of
distributing water within the Municipality
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2. All new (or renewal) m<)ins, pipes, lines <)nd works installed by
Gran·tee 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 highway
shall be undertaken or commenced by Gran"Gee without
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 high\~ays (hereinafter referred to
as "the said officer of the Municipality", 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 commencing such
work unless otherwise agreed to by the said officer
of 'the :/-!unicipality, and
(b) before laying or installing any ne\~ (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 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 high\~ay or wi'Gh 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 nmnicipal 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 specifying the change desired, the Grantee shall at its own
expense change its line or lines or works at the point specified
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5. The Grantee shall construct, repair and replace any such line
or lines or works with all reasonable expedition so tha-t 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 highway, the high~¡ay shall, with all
reasonable expedition, be restored to i'ts 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
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 'l-Iunicipality 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, con'tractors, sub-contractors, agents or employees.
7. The rights and privileges hereby gran-ted 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 "Municipality" shall mean the County of Elgin as
presently constitU"ted or as it may from time to time be
constituted during the term of this Agreement.
9. THTS AGREEMENT shall enure to the benefit of and be binding
upon the parties hereto, their successors and assigns
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IN ì1ITNESS 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 TOWNSHIP OF YARMOUTH
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Reeve
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./ Clerk
THE CORPORATION OF THE COUNTY OF ELGIN
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Warden
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