80-13
COUNTY OF ELGIN
By-Law No. 80-13
fA BY-LAW TO AUTHORIZE MR STANLEY CHARLTON, THE OWNER OF A PORTION OF
LOT 21, CONCESSION VIII OF THE TOWNSHIP OF MALAHIDE (HEREINAFTER CALLED
'THE GRANTEE' AND WHICH TERM SHALL INCLUDE HIS HEIRS, SUCCESSORS, AND
ASSIGNS) TO CONSTRUCT, USE, AND OPERATE WORKS REQUIRED FOR 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 &buts on a highway
known as County Road No. 40 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 IT IS HEREBY ENACTED as follows:
l. Full right, power, permission and consent are hereby granted,
conferred and assured unto Mr. Stanley Charlton, his heirs, successors
and assigns to enter upon, use and occupy the highway" known as County
Road No. 40, 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 con-
nections, 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 Munic-
ipality 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 autho-
rized and empowered to enter into and to execute on behalf of the Munic-
ipality, the Agreement aforesaid and toaffix 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 February, 1980.
READ a second time this 20th day of February, 1980.
READ a third time and finally passed this 20th day of February, 1980
----~~~' tI.~L
G C. Leverton L. A. Longhurst,
Clerk. Warden.
R. C.
Ooun'l;:y
1'loo1:'e
En,ginccr
GCL:$h
Encl.
coc.
G. c. Leverton~
Cl(~rk-'rrelil$urar .
----. "
______ ~/~__'--c,y,,-f'-'--
Yours
Attached please find iii duplicate of an agreement
between the County of Elgin and yourself. with respect to
the uee of a jQèll. àbuttin~ County Road No. 40.
t1"1.11. Y .
)()ar
Nr. Stal'\le.y Chlilrlton
SPRINGFIELD ~ OI.'\tá'd-o
Sir
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ì:!arch
1.0.
1980
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A G R E E MEN T made in duplicate this 20th day of
February A. D., 1980.
BET WEE N :
THE CORPORATION OF THE COUNTY OF ELGIN
hereinafter called "the Municipality"
OF THE FIRST PART
- and -
STANLEY CHARLTON
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 Lot 21,
Concession VIII, Township of Malahide, abutting on, a highway known as
County of Elgin Road No. 40.
AND WHEREAS the Municipality has by By-Law passed on the 20th
day of February, A. D. , 1980, granted the said franchise from and after
the execution of this Agreement and has authorized and empowered the
Warden and Clerk of the said Municipa1ity,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 here-
inafter 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, per-
mission, and consent to enter upon, use and occupy the highways known
as County Road No. 40 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
bridge
,
culvert or other works
or improvements
thereon or therein and
alter the construction of any highway or of any municipal
drain
ditch
,
4
the highway or with any drains
works or improvements thereon
In the event that the Municipality
or
ditches,
therein.
shall
deem
it expedient to
bridges
,
culverts
or other
shall
be
so constructed as
not to obstruct or interfere with the use of
said highways
except
where it
shall be
necessary to cross
a highway and
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
plans
showing the location and
size of all
mains
pi pe s
lines
and
the Grantee
Not later than three months
shall
file with the Clerk of the Municipality
after the close of each of its
maps
fiscal years
or
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
(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 h~ghways (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
(a)
case of emergency
accordance with good engineering and construction practices
Except in
by Grantee
under this
Agreement
shall be constructed and laid in
2
All
new
(or renewal)
mains
,
pipes
lines
and works
installed
Municipali ty
...,""
and to a
attachments
system for the ,purpose of distributing water within
for cathodic protection
2
necessary or
incidental
the
thereto
the word
Elgin
time
this
'Municipality" shall mean the County of
as presently constituted or as it may from
to time be constituted during the term of
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 this
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
or employees
than
the
Grantee
,
its servants
,
contractors
,
sub-contractors
,
agents
,
the act
,
neglect
,
or default of
some person
,
firm or corporation other
such
loss
,
damage
,
injury or expense is
occasioned by Act of God or by
of any of its
mains,
pipes
,
lines
or works in
the Municipality unless
construction
repair
maintenance
,
removal or operation by the
Grantee
by reason of any damage to property or
injury to persons caused by the
injury or expense which the Municipality may bear
suffer or be put to
save
harmless
the Municipality from and against all loss
damage
6
The Grantee
shall
and does
hereby at all times
indemnify and
said Warden or other officer of the
Municipality above
mentioned
i,
II
iii
II
!
before
it
was
entered upon or opened
,
and to the
satisfaction of
the
and graded and left in as safe and good a
state of repair as it was
shall
with all reasonable expedition
,
be restored to
its
proper level
moving of any of the
same from place to place
in a highway
,
the
highway
line or lines
or works
or the taking up of any of the
same or the
of time and upon the construction
,
repairing and replacing of any
such
highways shall
not be torn up or obstructed for any unnecessary length
line or lines
or works
with all reasonable expedition
so that the
5
The Grantee
shall construct
,
repair
,
and replace any
such
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
work of
the
Municipality
,
then upon receipt of reasonable
notice in
make changes
in
in
the course thereof it
its
line or
shall
lines
3
become necessary
or works in order to facilitate the
to have the Grantee
- 4 -
THIS AGREEMENT shall enure to the benefit of and be binding
upon the party hereto, his heirs, successors and assigns.
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.
Ak_~ C C3~
~ ANLEY CHARLTON '
~:;:;:~
~~ I-±-.! c¡ 7cJ
DATE
THE CORPORATION OF THE COUNTY OF ELGIN
é â- dvr~
WARDEN
~~
CLERK
....