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80-14 COUNTY OF ELGIN By-Law No. 80-14 'A BY-LAW TO AUTHORIZE THE CORPORATION OF THE TOWNSHIP OF SOUTHWOLD (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')." WHEREAS the Grantee has requested the Corporation of the County of Elgin to grant it a franchi'se 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 Munièipality other than to persons whose land abuts on a highway along or across which the same is carried or conveyed. AND WHEREAS, subject to the terms and conditions hereinafter i set forth, the Council of the Corporation of the County of Elgin has I 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: 1. Full right, power, permission and consent are hereby granted, conferred and assured unto the Corporation of the Township of Southwold 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, recon- I struct, 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 connec- I tions, apparatus, appliances and attachments, including attachments for cathodic protection, necessary or incidental thereto and to a system ,I for the purpose of passing through the Municipality and transmitting water which is not intended to be distributed from the said line or !I lines in the said Municipality other than to persons whose land abuts Ii !' on a highway along or across which the same is carried or conveyed. , i I I 2. Such right or franchise shall be subject to all the terms I I 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- I I ment 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 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. .-'-~~<..-< >4-.-./ ~1/Id- - G. C. Leverton, Longhurst, Clerk. lilarden ,..,¡ r'3C~" ' RAP enc TOWNSHIP OF SOUTHWOLD - FINGAL - ONTARIO NOL 1KO Phone 769·2010 t1arch I" 1980. THE KEYSTONE TOWNSHIP County of Elgin ~Œ©Œa\1[t® G.C. Leverton Clerk-Treasurer MAR 1 2 1980 9 Gladstone Ave St. Thomas, Ontario COUNTY OF ELGIN N5R 2L3 CLERK'TRE¡\SUI<ER'S OFFICE .--.....~- Dear Si r: Re: Agreement Water Lines In reply to your letter of February 27th., 1980 please find enclosed two copies of the above mentioned agreement signed and sealed as req ues ted eb . Yours truly r-=<='~ R.A.Pow Clerk-Tr eas ure r 'rep '1.ne0r. \ ~, c. G. C. LeV0't'tz01i1, Clerk-TrCliIsu't'er. Yours Attached please find iii duplicate CopY. duly signed by County offiCials II or an IiIgreeme~1t to âllox~ the Township to' operate pipe UMS for the dhtdbution of X<7¡¡¡ter a.long 'ounty ¡~o!1ds. l:1:'u1y, Dea:!: Sb·: ¡'1r. R. A. P.O~l C~'erk-T.reá.$t!'rer Township of Southwo1d PINGAL, Ontado NOL 1KO Na11'ch 12, 1980 r'" /:)',¡;.,.::i>r, , , " ',' /\ I , ~ 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 ELGI~ hereinafter called "the Municipality" OF THE FIRST PART - and - THE CORPORATION OF THE TOWNSHIP OF SOUTHWOLD hereinafter called "the Grantee" OF THE SECOND PART WHEREAS the Grantee has requested the Municipality to Grant í I to it and its successors and assigns, a franchise or right of passing í [ through the Municipality for the purpose of constructing, using and I I operating a line or lines and works for the distribution of water .1 within the Municipality. 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 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 here- inafter 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 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 þipe lines withariyaridallconnections, apparatus appliances and attachments, including attachments for cathodic pro- tection, necessary or incidental thereto and to a system for the purpose of distributing water within the Municipality. ""j facilitate the work of the Municipality , then upon receipt of reasonable the Grantee make changes in its line or lines or works in order to therein and in the course thereof it shall become necessary to have ditch bridge culvert or other works or improvements thereon or to alter the construction of any highway or of any municipal drain 4 . In the event that the Municipality shall deem it expedient other works or improvements thereon or therein use of the highway or with any drains ditches bridges culverts or and shall be so constructed as not to obstruct or interfere with the said highways except where it shall be necessary to cross a highway 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 vious fiscal year works laid or installed by the Grantee in the highways during its pre- plans showing the location and size of all mains , pipes lines and the Grantee shall file with the Clerk of the Municipality after the close of each of its , maps fiscal or years Not later than three 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 pre- liminary 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 months (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 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 (a) case of emergency accordance with good engineering and construction practices Except in 1Ir'" by Grantee 2 under this All new (or renewal) Agreement shall mains 2 , be constructed and laid pipes , lines and works installed in 3 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. 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 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 juris- diction 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 parties hereto, their successors and assigns - 4 - 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. THE CORPORATION OF THE TOWNSHIP OF SOUTHWOLD t~ ¡J. ~ Reeve r=--~F~ Clerk THE CORPORATION OF THE COUNTY OF ELGIN 1.~~ J Warden c;Ç~e...-<.~ Clerk I