79-29
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¡i COUNTY OF ELGIN
r By-Law No. 79-29
"A BY-LAW TO AUTHORIZE THE KETTLE CREEK CONSERVATION AU'lliORITY OF LOT
5. RANGE I, NORTH OF EDGEWARE ROAD, OF THE TOWNSHIP OF YARMOUTH
!HEREINAFTER CALLED 'THE GRANTEE' AND WHICH TERM SHALL INCLUDE ITS
SUCCESSORS, AND ASSIGNS) TO CONSTRUCT, USE, AND OPERATE WORKS REQUIRED
FOR THE TRANSMISSION OF WATER IN THE COUNTY OF ELGIN (HEREINAFTER
CALLED 'THE MUNICIPALITY')."
VlliEREAS the Grantee has requested the Corporation of the
County of Elgin to grant it 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. 31 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 THEREFORE ENACTED by the Council of the Corporation of
the County of Elgin AND rr IS HEREBY ENACTED as follows:
1. Full right, power, permission and consent are hereby granted,
conferred and assured unto The Kettle Creek Conservation Authority, its
successors and assigns to enter upon, use and occupy the highway, known
as County Road No. 29 and 31, of or under the jurisdiction of the Mu-
nicipality 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 attach-
ments, 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 Mu-
nicipality and the Grantee in pursuance of this By-Law, which Agreement
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 have been executed
by all the parties thereto.
READ a first time this 20th day of June, 1979.
READ a second time this 20th day of June, 1979.
READ a third time and finally passed this 20th day of June, 1979.
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AGREEMENT made in duplicate this 20th day of
June A. D., 1979.
BETWEEN:
THE CORPORATION OF THE COUNTY OF ELGIN,
hereinafter called "the Municipality"
OF THE FIRST PART
- and -
KETTLE CREEK CONSERVATION AUTHORITY
hereinafter called "the Grantee"
OF THE SECOND PART
WHEREAS the Grantee has requested the Municipality to Grant
to it, 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 WHEREAS the Grantee is owner of Lot 5, Range I, North of
Edgeware Road, Township of Yarmouth, abutting on a highway known as
County of Elgin Road No. 31.
AND WHEREAS the Municipality has by By-Law passed on the 20th
day of June, 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
affi:x: 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, its successors and assigns, full right, power, permission,
and consent to enter upon, use and occupy the highways known as County
Road No. 29 and 31 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 connecti~ns, 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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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
(a) no excavation, opening or wo~k 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 super-
vision 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
~) 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 change its line or lines or works at the point specified.
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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 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
construotion, 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, its successors and assigns.
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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.
KETTLE CREEK CONSERVATION AUTHORITY
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THE CORPORATION OF THE COUNTY OF ELGIN
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