2250
N. ohnston
Warden
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"
H.
L. Johnson
Clerk
R
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'llAJ.-.léJ"7T!?
READ a third time and
finally passed this 21st
day of
March,
1973
READ
READ a first time this 21st day of
a
second time this 21st day of
March,
March,
1973
1973.
1. Full right, power, permission and consent are hereby granted, conferred
and assured unto The Corporation of the Village of Vienna, its successors and
assigns to enter upon, use and occupy the highways of or under the jurisdictioj
of the Municipality to survey, construct, lay, maintain, inspect, alter, repai:
renèw, 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 an'
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 Munciipality 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 condi-
tions set out in an agreement to be entered into between the Municipality
and the Grantee in pursuance of this By-Law, which AgTeement 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 hereunto annexed shall œ ve been executed by all
the parties thereto.
Elgin
AND IT
IS
HEREBY ENACTED as follows
BE
IT
THEl~EFORE ENACTED by the Council of
The Corporation of the County of
said
franchise.
Council
of The Corporation of the County of Elgin has
agreed to grant
the
AND
WHEREAS,
subject to the terms
and conditions
hereinafter
set forth,
the
land abuts
on a highway along or across
"rhi ch
the
same is
carried or conveyed.
from
the
said
line or lines in the Municipality other than to persons
whose
transmission through
the Municipality of water not intended to be distributed
pose of
constructing,
using and operating a line or lines
and works
for the
grant it a
franchise or right of passing through the
requested The Corporation of
Municipali ty
the County of Elgin to
for the
pur-
WHElœAS the Grantee has
IN
THE COUNTY OF
ELGIN
hereinafter called
"the
Muni ci¡:>ali t
TRANSMISSION OF
")
TO CONSTRUC'E
USE
AND OPERATE
WORKS REQUIRED FOR THE
and assigns
WATER
called
"A BY-LåW TO AUTHORIZE
---
"the Grantee"
and which term
,--
TBE
shall include
its successors
VIENNA
(hereinafter
CORPORATION OF
THE VILLAGE
OF
r"'"
By-Law No
..,~,-,~.- ...~'-:--:',.,."_.<_._-----,,~....~.,~-
2250
COUNTY OF ELGIN
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Not later than three months after the close of ~ach of its fiscal years
the Gran'cee 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
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 an~ 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 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 co¡rumencing such work unless othérwise agreed to by
the said officer of the Municipality, and
(a
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
1. Municipality does hereby grant, confer and assure unto the
Grantee successors and assigns, full right, power, permission and
consent enter upon, use and occupy the highways of or under the juris-
diction 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
The
its
to
of
NOW THEREFORE THIS INDENTURE made in consideration of the premises
the performance of the co~venants and obligation hereinafter contai
the part of the Grantee WITNESSETH as follows
and of
ned on
AND WHEREAS
March
execution
and Clerk
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 Agree¡re nt and to affix
corporate seal thereto.
WHEREAS the Grantee has requested the Municipality to Grant to it and its
successors and assigns, a franchise or right of passing throug"h the Munh:~i-
pality for the purpose of constructing, using and operating a line or lines
and works for the distribution of water within the Municipality.
THE CORPORATION OF
hereinafter ca
VILUlGE OF VIENNA
7i rantee"
OF THE SECOND PÆ{T
BE
and
THE CORPORATION OF TIfE COUNTY OF ELGIN
hereinafter called-"the Municipality"
OF
THE
FIRST PART
~e
--"
W
i;\r'
AGREE
March
E E N
IV!
E N
._,:'~-
T made
A.D.,
-_.-- --~.. -.......,~_..-~---_..- -_._~......c..-~___,_
in duplicate this
1973.
21st
day of
L. Johnson
Clerk
R
. Johnston
Warden
Reeve
TIlE CORPORllTION OF
THE COUNTY
OF
ELGIN
Clerk
TI-lE
IN WITNESS WHEREOF the parties have hereunto affixed their respective
corporate seals duly attested by the hands of their proper signing
officers in that behalf
CORPOW\.TION OF
THE VILLAGE OF VIENNA
9.
upon
THIS AGI~EEMENT
the parties hereto,
shall enure to the benefit of
their successors and assigns.
the word "Municipality"
presently constituted or as
constituted during the term
and be binding
shall mean the County of Elgin as
it may from time to time be
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 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 lVIunicipali ty 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 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 plèj.ce 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 Municipali ty shall deem it expedient to
alter the construction of any highway or of any municipal 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 desirea, the Gran-tee shall a-t 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 hig·hway 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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