2246
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L. Johnson
Clerk
READ a third time and finally passed
this 21st
day of February,
1973.
second time this 21st day of February,
READ a
1973
ltEAD a first
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.
time
this 21st
day of February,
1973
3. The Warden and Clerk of the said Municipality are hereby autho-
rized and empowered to enter into and to execute on behalf of the Munici-
pality, the Agreement aforesaid and to affix the corporate seal thereto.
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.
1. Full right, power, permission and consent are hereby granted,
conferred and assured unto The Corporation of the Township of Malahide,
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.
BE
of
IT THEREFORE
Elgin AND IT
ENACTED by the Council of The Corporation of the County
IS HEREBY ENACTED as follows
AND WI1EREAS, 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
WHEREAS the Grantee has requested The Corporation of the County of Elgin
to grant it a franchise or right of passing ~hrough the Municipality 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 Municipality other than to
persons whose land abuts on a highway along or across which the same is
oarried or conveyed.
MuniciQali t
").
"the
j
MISSION OF
WATER IN THE
COUNTY OF
ELGIN
(hereinafter called
and assi
--
ns)
TO CONSTRUCT
USE
AND OPERATE
WORKS
I~EºUIRED FOR
THE TIMNS-
inafter
"A BY-LAW TO AUTICIORIZE
._- .--
called
"the Grantee"
THE CORPORATION OF
and which
term
shall
include its
successors
r,p",
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By-Law No
COUNTY
OF ELGIN
2246
TI-IE TOWNSHIP OF
lVIALAHIDE
here-
\
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 highvmys during its previou,g fiscal
year.
before laying or installing any new (or renewal) mains, pipes,
lines and works, the Grantee shall first file w.Lth 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 appro-
val of the said officer of the Municipality as to such proposed
location
(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 highw'ays (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
(
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.
a
L 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 juris-
diction of the Municipality to survey, construct, lay, maintain, inspec't,
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.
NOW TIÆEEFORE TIUS INDENTUEE made in consideration of the premises and
of the performance of the convenants and obligation hereinafter contained
on the part of the Grantee WITNESSETH as follows
AND WHEREAS
February
execution
and Clerk
affix the
the Municipality has by By-Law passed on the 21st day of
, A.D., 1973, granted the said franchise from and after the
of this Agreement and has authorized and empowered the Warden
of the said Municipality to execute this Agreement and to
corporate seal thereto
v~1EREAS 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 dis,tribution of water within the Municipality
.
OF
CORPORATION OF THE TOWNSHIP OF lVIALAHIDE
hereinafter calle "the Grantee"
THE SECOND
PART
THE
and
TIÆ CORPORATION OF THE COUNTY OF ELGIN,
ereinafter ca ed "the Municipality"
OF TIÆ
FIRST PART
r
BETWE
E
A
N
G R E E MEN T made in
February A. D., 1973.
""W,~.,."".,",.~ ..,.,..,..._,-~_
".
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duplicate this
.....,.-..,,:.~~
21st
--'-~- --.-_._"---.:....~,-
day of
L. Johnson
Clerk
,L
THE
CORPORATION OF TIiE COUNTY OF ELGIN
Reeve
Clerk
_,~-.-;t;;;:;';'_,.~
Trill CORPOm\TION OF Trill
IN WITNESS WHEREOF the parties have hereunto affixed
corporate seals duly attested by the hands of their
officers in that behalf
TOWNSHIP OF
lVIALAHIDE
their
proper
respective
signing
9
upon
TIUS AGREEMENT
the parties hereto,
shall enure to the benefit of
their successors and assigns.
and be binding
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.
(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,
7.
remain
in
In this
The rights and privileges hereby granted shall continue
force for a period of twenty years from the date hereof
Agreement
and in
the By-Law above referred to,
.
and
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 wllich 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 Municipality 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, contractors, sub-contractors, agents or employees.
5. The Grantee shall construct, repair and replace any such line
or 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 cons'cruction, 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 to the satisfaction of the said Warden or
other officer of the Municipality above mentioned,
4. In the event that the Municipality shall deem it expedient to
alter the construction of any highvray or of any municipal drain, ditch,
bidge, 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 ether 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.
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 Muni-
cipality 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
highway or with any drains, ditches, bridges, culverts or other works or
improvements thereon or therein.
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March 28, 1973. L. M. V4.N PATTER. B.A
CLERK AND TREASURER
87 .JOHN ST., SOUTH
AYLMER. WEST
ONTARIO
N5H 203
RECEIVED iAPR 2 197'3
Mr. H. John~on, Clerk,
County of Elgin,
Court House,
St. Thomas, Ontario.
Dear Sir: RE: ELGIN AREA WATER SYSTEM TOWNSHIP OF MALAHIDE.
Your letter dated February 27, 1973, with two copies of By-law
no. 2246 and)Agreement for the transmission of watèr in the
Township of Malahide, was presented to Malahide Township Council
for consideration at a meeting held March 7, 1973. The fo I low i ng
resolution was passed:
nTHAT the Reeve and the Clerk be authorized to
sign the agreement, dated February 21, 1973,
part of By-law No. 2246, County of Elgin, to
construct, use and operate works required for
the transmission of water in the Township of
Malahide.n
Please find enclosed one copy of the Agreement signed and bearing
the Township seal.
Yours tru I y'R
g.0ÔJY\ ~ .
Clerk-Treasurer
wThe Township of Malahide.
LV/pp
enc. 1
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