2065
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BY-LAW NUMBER 2065
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THE CORPORATION OF THE COUNTY OF ELGIN
A By-Law Te Authorize Mr. Michael Popovich and Mr. John Streib,
the owners of a portion of Lot 6, Concession VII of the Township of
Aldboreugh (hereinafter oal1ed "the Grantees" and which term shall include
their heirs, successors, and assigns) to ce)'ls't;ruct, use, and operate works
required for the transmission of water in the County of Elgin (hereinafter
called "the Municipality)."
WHEREAS the Grantees have requested The Corporation of the County
of Elgin te gran~ them a franchise or right of passing through the
Municipality for the purpose of constructing, using and operating a line
or lines and werks for the transmission through the Municipality of water
net intended to be distributed from the said line or lines in the
Municipality other than to persons whose land abuts on a highway known as
County Road Ne. 3 along or across which the same is carried or cenveyed.
AND WHEREAS, subject to the terms and conditions hereinafter
set forth, the Council of The Corporation of the County of Elgin has
agreed te grant the said franchise.
ri BE IT THEREFORE ENACTED by the Council of The Corporation of
,I
I'
the Ceunty of Elgin AND IT IS HEREBY ENACTED as follows:-
1. Full right, power, permission and oonsent are hereby granted,
conferred and assured unto Mr. Michael Popovich and Mr. Jehn Streib, their
heirs, successors and assigns to enter upon, use and occupy the highway,
known as County Road No. 3, of or under the jurisdiction of the Municipality
te survey,oonstruct, lay, maintain, inspect, alter, repair, renew, remove,
replace, reconstruct, use and operate in, through, upen, under, along and
across the same or any of them a pipe line or pipe lines with any and all
oonnections, apparatus, appliances and"'àttachments,, including attachments
'·~,,;'h-;
for cathodic protection, necessary or'încidental thereto and to a system
for the purpose of passing through the Municipality and transmitting 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
ill along or across which the same is carried or conveyed.
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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 Grantees in pursuance of this By-Law, which Agreement
shall be in the form hereunto attached.
3. The Warden and Clerk ef the said Municipality are hereby
authorized and empowered to enter into and to execute on behalf of the
Munici pali ty, 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 executed
by all the parties thereto.
READ a first time this 17th day of December, A.D., 1968.
READ a second time this 17th day of December, A.D., 1968.
REAÐ a third time and passed this 17th day of December, A. 'D.,
1968.
Ú~ ~7Itc(;. ?L ~~~
Warden
Clerk
FINALLY passed this 17th day of December, A. D., 1968.
(2 ~ ~
Warden Clerk
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distributing water within the Municipality
necessary or incidental thereto and to a system for the purpose of
appliances and attachments,
including attachments for cathodic protection,
Cilf them,
a pipe line or pipe lines with any and all connections,
apparatus,
u.se and eperate in,
through,
upon,
under,
along and across the same er any
lay,
maintain,
inspect,
alter,
repair,
renew,
remove,
replace,
reconstruct,
No.
3
of er under the
jurisdiction of ~he Municipality to survey,
construct,
~
consent to enter upon,
use
and occupy the highways
knewn
as County Road
The Municipality does hereby grant,
their heirs,
Grantees / "', suocessors
and
assigns,
full right,
power,
permission,
the
and
1.
confer and aSSure unto
contained on the part of the Grantees
WITNESSETH as fellows
I
premises and
THEREFORE THIS INDENTURE made in
of the performance
of the cevenants
and obligation hereinafter
NOW
consideration ef the
the oorporate seal therete.
and Clerk ef the said Munioipality to execute this Agreement ân~ to affix
execution ef this Agreement and has authorized and empowered the Warden
day
AND
ef December,
A.
D. ,
1968,
granted the said franchise from and after the
Connty
WHEREAS the
Township
ef Elgin Road No
.
Municipality has by By-Law passed on the
of
3.
4-
/1
Concession VII,
Aldborough,
abu.tting en a highway
known
6,
as
AND
WHEREAS the Grantees are owners of a portion of Lot
within the
Municipality
and operating a line or lines and werks
for the distributien of water
passing through the
Municipality for the purpose ef constructing,
using,
to them,
their heirs,
WHEREAS the Grantees have requested the Municipality to Grant
successors,
and assigns,
a franchise or right of
OF THE SECOND PART
Michael Popovich and Jehn Streib
hereinafter called lithe Grantees
,
"
- and -
OF THE FIRST PART
THE CORPORATION OF THE COUNTY OF ELGIN,
hereinafter called lithe Municipality
BET WEE N
:
of December
A
.
D.,
1968.
r",:r~"R"~
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A G R E E MEN T
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made in duplicate this
''''--' --.."-'~~"~.--'~-",.-" -~.-.c.~_---". - "..,ry
17th
day
or lines or works at the point specified
the Warden
the change
desired,
the Grantees
Municipality
shall at
its
own
expense change its line
or ether officer of
the
above mentioned specifying
the Municipality,
then upon receipt of reasonable notice in writing from
chaages in its line or lines or works in erder to facilitate the work of
the ceurse thereof it shall become necessary to have the Grantees
make
bridge,
culvert or other works or improvements thereon or therein and in
alter the censtructien of any highway or of any municipal drain,
ditch,
4.
In the event that the Municipality shall deem it expedient to
thereon or therein
with
any drains,
ditches,
bridgelj
culverts or other works or imprevements
oonstructed as net to obstruct or interfere with the use ef the highway or
except
where it shall be necessary
to cross a highway and shall be so
above mentioned shall be located along the sides of the said highways
practical and if required by the Warden or other officer of the Municipality
3.
The said line er lines shall be placed underground so far as is
installed by the Grantees in the highways during its previous fiscal year
showing the location and size of all mains,
pipes,
lines and works laid or
Grantees shall file with the Clerk of the Municipality,
Not later than three months after the clese of each ef its fiscal years the
maps or plans
,
before laying or installing any new (or renewal) mains,
pipes, lines and works, the Grantees shall first file
with the said officer ef 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 lecation
(b)
no excavation, opening or work which will disturb or
interfere with the travelled surface of any highway
shall be undertaken or commenced by Grantees without
written notice to such efficer of the Municipality
as may from time to time be appointed by the Council
of the Mnnicipality 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 frem duty,) such aotice to be
given at least 24 hours in advaace of commencing suc~
work unless etherwise agreed to by the said officer
of the Municipality, and
(a)
with good engineering and construction practices.
Except in case of
r
Grantees under this Agreement shall be constructed and laid in accordance
2.
All new
(or renewal)
mains
pipes,
lines and works installed by
3
The Grantees shall construct, repair, and replace any such line
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 highway, the highway shall, with all
reasonable expedition, 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 entered
upon or opened, and te the satisfaction of the said Warden or other officer
of the Municipality above mentioned.
6. The Grantees 'shall and does hereby at all times indemnify and
save harmless the Municipality frem and against all loss, damage, injury
or expense which the Municipality may bear, suffer or be put to by reasen
of any damage te property or injury te persens caused by the construction,
repair, maintenance, removal or operation by the Grantees of any of its
m.ains, pipes, lines or works in the Municipality unless such loss, da!llage,
injury or expense is occasioned by Act of God or by the act, neglect, or
default of some person, firm or cerporation oýher than the Grantees, its
servants, contractor s, sub-contractors, agents, er employees.
7. The rights and privileges hereby granted shall continue and
remain in force for a periød ef twenty years from the date hereof.
B. In this Agreement and in the By-Law above referred to,
(a) the word "highway'! shall mean a cemmon or public highway
and include a road, bridge and any other structure inèidental
theretø, now ør 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
heirs
upøn the parties hereto, their/ successørs and assigns
(
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IN WITNESS WHEREOF the parties have hereunto affixed their
respective eerporate seals duly attested by the hands of their proper
signing efficers in that behalf.
~l _.Á~._ )~--.- 0:::--
/ß~4/~h MICHAEL POPOVICH
#/1~
WITNESS
December 23, 1968
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DATE JOHN STREIB
THE CORPORATI~N OF THE COUNTY OF ELGIN
,0 rf3~ ~C
Warden
.