2235
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COUNTY OF ELGIN
By-Law No. 2235
"A BY-LAW TO AUTHORI~E THE CORPORATION OF THE TOWNSHIP OF BAYHAJ'i! (here-
inafter called "the Grantee" and which term shall include its successors
aI},d assigns) TO CONSTRUCT, USE AND OPERATE WORKS REQUIRED FOR THE TRANS-
MISSION OF WATER IN THE COUNTY OF ELGIN (hereinafter called "the
~nicipali ty").
WHEREAS the Grantee has requested The Corporation of the County
of Elgin! to grant it a franchise or right of passing through the Munici-
pali ty fQ]::i 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 Muni-
cipality 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 TfÆREFORE ENAC1~D 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,
confe:n:;ed and assured unto The Corporation of the Township of Bayham,
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 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 incidental 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
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-Law, which Agree-
ment shall be in the form hereunto attached
2
,
I
3. The Warden and Clerk of the said Municipality are
authorized and empowered to enter into and to execute on behalf of the
Muni cipali ty, the Agreement aforesaid and to affix the corporate seal
thereto.
4, TI1ITS 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 20th day of December, 1972.
READ a second time this 20th day of December, 1972.
READ a third time and finally passed this 20th day of December, 1972.
~ dJ. ,M
- ,
H. 1¡;r. Hodgson
Warden
-, ~--,.~--._..-'---..._~.....-
AGREEMENT made in duplicate this 20th day of
December A. D., 1972.
BET WEE N :
THE CORPORATION OF THE COUNTY OF ELGIN,
hereinafter cailed "the Municipality"
OF THE FIRST PART
- and -
THE CORPORATION OF THE TOWNSHIP OF BAYHAlV!,
hereinafter called "the Grantee,r---
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 WHEltEAS the Municipality has by By-Law passed on the 20th
day of December , A.D., 1972 , granted the said franchise from 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 obligation herein-
I
after contained on the part of the Grantee WITNESSETH as follows:
1. The Municipality does hereby grant, confer and assure 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 attachments for cathodic protection,
necessary or incidental thereto and to a system for the purpose of
distributing water within the Municipality.
expense change
its
line or lines
or works at
the point
specified
mentioned
specifying the change desired,
the Grantee
shall at
its own
writing
from
the Warden or other officer of the
Municipality above
the work of the Municipality,
then upon receipt of reasonable notice in
Grantee make changes in
its line or lines
or works in order to facilitate
therein and in the course thereof it
shall become necessary to have the
ditch,
bridge,
culvert or other 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.
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 the
sides
of the
is
practical
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 location and
size of all
mains,
pipes,
lines
and
years the Grantee
shall file with the Clerk of the
Municipali ty,
maps
Not later than three months
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
Municipality as to such proposed location.
after the close of
each of its fiscal
(b
no excavation, opening or work which will disturb or
interfere with the travelled surface of any highway
shall be undertaken or commenced by Grantee 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 highways (hereinafter referred to as "the säid
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
,
a
of emergency
.
dance with good engineering and construction practices
.
Except
in case
by Grantee
2
.
All new
under this
(or renewal
Agreement shall
mains,
2
be constructed and laid in accor-
pipes,
lines and works
installed
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 as
presen'tly constituted or as it may from time to time be
constituted during the term of this Agreement.
b)
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 thi s
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 works 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
6
·
The Grantee
shall and does hereby at all times indemnify and
other officer of the
Municipality above mentioned.
entered upon or opened,
and
to the
satisfaction of the
said Warden or
left
in as safe and good a
state of repair as it was before
it was
reasonable expedition,
be restored to
its
proper level and graded and
of
the
same from place to place in a highway,
the highway
shall,
with all
lines or works
or the taking up of any of the same or the moving 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
5
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·
The Grantee
-,
shall construct,
3
repair and replace any
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such
line
,
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TOWNSHIP OF BAYHAM
BY - LAW NO. 1781
Being a by-law to authorize the Reeve and Clerk. to sign an agreement with
the Municipality of the Corporation of the County of Elgin for the con-
structlon, use and operation of works required for the transmission of
water in the County of Elgin.
~H~REAS the Municipality of "the Corporation of the County of Elgin did on
the 20th. day of December, 1972, pass By-Law No. 2235 of the said
Municipality being a By-Law to authorize the Corporation of the Township
of Bayham to construct, use and pperate works required for the trans-
mission of water in the Co~nty of Elgin.
AND WHEREAS it is now necessary that the Reeve and Clerk of the Corpor-
ation of the Township of Bayham sign an agreement to provide for the
franchise or right of construction, using and operating a line or lines
for the distributiön of water within 'the said Township o.t' Bayham.
THEREFORE BE IT ENACTED by the MUNICIPAL COUNCIL of the CORPORATION of
the TOWNSHIP OF BAYHAM.
That the Reeve and Clerk of the Township of Bayham be and are
hereby authorized to sign an agreement with the Corporation of the
County öf Elgin dated the 20th. day of December, 1972 for the full right,
power, permission and consent to enter upon, use añd occupy the high-
ways of or under the jurisdiction of the Corporation of the County of
Elgin 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, includ-
ing attachments for cathodic protection, necessary or incidental thèreto
and to a system for the purpose of distributing water within the Corpor-
ation of the County of Elgin. and affix the corporate seal of the Township
of Bayham thereto.
TIME
READ A F'IRS'r SECOND AND THIRD/AND PASSED THIS 27th. DAY OF DECE~mER, 1972
~l
Read a Third time and finally paäãM this
¿
day Of~~,
1972.
1ìe¡¡¡d iii First
and Second time this 11th.
d¡¡¡y or October
,
1972.
Tha.t the'Reeve and Clerk are hereby.author!zed to e~ecute
and deliver conveyance of: the' said land,s under :t\he "
Oorporate Seal of the Municipality to the said ¡¡¡btítting
land owner or owners for the sum of: $100.00 and expenses
o£ by.law, notices and conveyances in connection there.
with.
3.
Ths'ç the above street;' or alley be offered up
th$ abut;ting land 9wner or owne;r$.
2.
of BayhQlll
That the street or alley lying and being $ituate in the
Harnlet o£ Richmond according to Plan No. 22 mo):'e
particularily described, as follows: Comméncing att;he
north east corner o£ LO,t No., 1.3 on the south $ide ,0£
Talbot Road; Thence south easterly along the southerly
limit o£ said Talbot, Road a distance o£ 6l..38 £eetto
the north west corner '0£ Lot No. 12; Thencesouth
easterly along the w'esterlyboundary 0£saidLotN6. 12
a distance o£ 1.32.0 feetj Thence north westerly a
distance of 61..38 feet to the south east corner of Lot
No. 1;3; Thence north easterly à distance of 1;32 feet
more or less. along the easterly boundary o£ said Lot
No. 13 to the place of beginning", be stopped up and closed.
and $oU to
1.
which is so stopped up,
IT ENACTED by the
THEREFOR,E
of,the'Xownship
BE
Municipal
Council of the Corporation
"
authority for
Municipal 1970. Section 461 ) giVe$
municipalities to $el1 that portion of a highway
Act R.S.O.
(1
AND WHEREAS the
.
highway.
au'thority for municipalities to stop up
Municipal Ect R.S.O.
1970,
Section 44;3
any highway or part
(
)
(c)
of a
gives
WHEREAS the
1
BJi)ING A BY..LAW to stop up
in the Harnlet of Richmond in the Township of Bayham.
and
close and
sell a street or alley
CORPORATION
~~~~'- -,,-~ - -,..--'-
OF
BY -
THE TOWNSHIP OF BAYHAM
.'1.;__
LAW NO
.
1775
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