79-21
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l COUNTY OF ELGIN
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By-Law No. 79-21
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itA BY-LAW TO AUTHORIZE MR. ARTHUR VANDERISPAILLIE. THE OWNER OF A PORTION
OF LOTS 14 AND 15. CONCESSION I OF THE TOWNSHIP OF BAYHAM (HEREINAFTER
CALLED 'THE GRANTEE' AND WHICH TERM SHALL INCLUDE HIS, HEIRS,
SUCCESSORS, AND ASSIGNS) TO CONSTRUCT, USE. AND OPERATE WORKS REQUIRED
POR THE TRANSMISSION OF WATER IN THE COUNTY OF ELGIN (HEREINAFTER
CALLED 'THE MUNICIPALITY')."
WHEREAS the Grantee has 'requested the Corporation of the
County of Elgin to grant him ,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 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
known as County Road No. 42 along or across which the same is carried
or conveyed.
AND WHEREAS~ subject to the terms and conditions hereinafter
set forth, theCounc~'1 of the Corporation of the County of Elgin has
agreed to grant t~e 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 Mr. Arthur Vanderispaillie, his heirs, suc-
cessors and assigns to enter upon, use and occupy the highway, known
as County Road No. 42, 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, includ-
ing attachments for cathodic protection, necessary or incidental thereto
and to a system for the purpose of passin¥ throuîh the Municipality and
transmitting water which is not intended 0 be d stributed 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 Mu-
nicipality and the Grantee in pursuance of this By-Law, which Agreement
shall be tn the form hereunto attached.
3. The Warden and Clerk of the said Municipality are hereby
aU'~horized and emp(:>wered 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 have been executed
by all the parties thereto.
READ a first time this 16th day of May, 1979.
READ a second time this 16th day of May, 1979.
READ a third time and finally passed this 16th day of May, 1979.
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G. C. Leverton, J. Glover,
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AGREEMENT made in duplicate this 16th day of
May A. D., 1979.
BETWEEN:
THE CORPORATION OF THE COUNTY OF ELGIN,
hereinafter called "the Municipality"
OF THE FIRST PART
- and -
ARTHUR VANDERISPAILLIE
hereinafter called "the Grantee"
OF THE SECOND PART
WHEREAS the Grantee has requested the Municipality to Grant
to him, his heirs, 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 Grantee is owner of a portion of Lots 14 and
15, Concession I, Township of Bayham, abutting on a highway known as
County of Elgin Road No. 42.
AND WHEREAS the Municipality has by By-Law passed on the 16th
day of May, A. D., 1979, 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
hereinafter contained on the part of the Grantee WITNESSETH as follows:
1. The Municipality does hereby grant, confer and assure unto the
Grantee, his heirs, successors and assigns, full right, power, permission,
and consent to enter upon, use and occupy the highways known as County
Road No. 42 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.
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~I 2. All new (or renewal) mains, pipes, lines and works installed
by Grantee under this Agreement shall be constructed and laid in
aocordance with good engineering and construction practices. Except in
case of
(a) 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 commencing such
work unless otherwise agreed to by the said
officer of the Municipality, and
(b) 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.
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 highway or with 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 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 desired, the Grantee shall at its own expense
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r 5. The Grantee shall construct, repa ir, and replace any such
J 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 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.
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 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.
7. The rights and privileges hereby granted 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 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
upon the party hereto, his heirs, successors and assigns.
Clerk
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DATE
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WITNESS
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THE CORPORATION OF
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THE COUNTY OF ELGIN
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ARTHUR VANDERISPAILLIE
signing officers in that behalf.
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respective corporate seals
IN WITNESS WHEREOF the parties have hereunto affixed their
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duly attested by the hands of their proper