82-4
G
January, 1982
January, 1982
this 20th day
READ a
READ a
READ a
C
first time this 20th day
second time this 20th day
third time and finally passed
Leverton
Clerk.
of
of
/~
of January
J. Shaw
Warden.
ç'
. "-,..'
'P'"r/ ' )
,-~..
__~__-iII!.
1982
4. This By-Law shall come into force artd
after an Agreement in the form hereunto annexed
by all the parties thereto
take effect immediately
shall have been executed
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
2. Such right or franchise shall be subject to all
and conditions set out in an agreement to be entered into
Municipality and the Grantee in pursuance of this By-Law,
ment shall be in the form hereunto attached
the terms
between the
which Agree-
1. Full right, power, permission and consent are hereby granted
conferred and assured unto the Corporation of the Village of Rodney,
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-
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-
tions, apparatus, appliances and attachments, including attachments for
cathodic protection, necessary or inéidental 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
BE IT THEREFORE ENACTED by the Municipal Council of the Cor-
poration of the County of Elgin AND IT IS HEREBY ENACTED as follows:
WHEREAS, subject to the terms and conditions
forth, the Municipal Council of the Corporation of the
has agreed to grant the said franchise
hereinafter set
County of Elgin
WHEREAS 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
along or across which the same is carried or conveyed; and
.Q6!d:.§:!L:I!!!L MUlli. CIP ALITY ~
IQU!!lLISANSMI S S I0!Lm:_\i~TE!LlJ;:!-IHE COUNT:;U2E-,ELGI N..lHEREI NAF~
SUCCESSORS AND ASSIGNS
-<--..---.._-----_......_~--
2
TO_CONSTR1!.ÇT, US'§_~~EERATE.Ji0RKS~UIRE.!2
i,!!'§s'§lJ;:!AFTE.L CA1g.!2_~ THE _ GßAN:!..§E 'AND .JiHICH TERM SHALLINCLUDE
~~ BY::LAW-IQ...AUl.!!QRIZE THE_CO~ORATION_QLl!:!!LYI11AGE OF ROD~EY
ITS
.'
By-Law No
COUNTY OF ELGIN
82-4
r
A G R E E MEN T made in duplicate this 20th day of '1
I
!
January A. D. , 1982.
BET WEE N :
THE CORPORATION OF THE COUNTY OF ELGIN
hereinafter called "the Municipality"
OF THE FIRST PART
- and -
TH!..CORPbRATION--2~:!:!:!!..~ILLAGE~~~ODNEY
hereinafter called "the Grantee"
OF THE SECOND PART
WHEREAS the Grantee has requested the Municipality to grant
1:0 i.t and 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 Municipality has by By-Law passed on the 20th
day of January, A. D. , 1982, 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 pipe lines with any and all connections, apparatus
appliances and attachments, including attachments for cathodic protec-
tion, necessary or incidental thereto and to a system for the purpose
of distributing water within the Municipality
spe ci fied
at
its
own
expense change
its
line or
lines
or works
at the point
pality
above
mentioned
specifying
the change desired
the Grantee
shall
able
notice in writing from
the Warßen or other officer of the Munici-
facilitate the work of the Municipality
then upon receipt of reason-
the Grantee make changes
in
its
line or
lines
or works
in order to
therein and
to alter the
ditch bridge
in
const.·uction of any highway or of any municipal drain
culvert or other works or improvements thereon or
the course thereof
it
shall
become necessary
to hav,,",
~.
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
said highways, except where it shall be necessary to cross a highway
mid shall be so constructed as not to obstruct or interfere with the
ditches
bridges
culverts
or
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
Not
the
later than three months after the close of each of its
Grantee shall file with the Clerk of the Municipality
fiscal
maps or
years
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 the Grantee with-
out 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 notic,e to be given at least
24 hours in advance of commencing such work,unless
otherwise agreed to by the said officer of the Munici-
pali ty,' and
(a)
in
case of emergency -
ccordance
with good engineering and
construction practices
Except
r
by
?
the Grantee under this
All
new
(or renewal)
Agreement shall
mains
2
pipes
be constructed and
lines
and works
laid
installed
in
r
3
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
U.ne 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 high-
\vay 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 o~ corporation other
rJ
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 high-
way 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
Municipali ty.
(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 AGRßEMENT shall enure to the benefit of and be binding
Jpon the parties hereto their successors and assigns
- 4
IN WITNESS WHEREOF the parties have hereuntò affixed their
respective corporate seals duly attested by the hands of their proper
signing officers in that behalf.
THE CORPORATION OF THE VILLAGE OF RODNEY
\
·~"Z~~--
Reeve
~~Jv ~ '.
C/ -'-"-------,--.-
¿fJ--7'>I.{j - Clerk
THE CORPORATION OF THE COUNTY OF ELGIN
?,"""C~:~
.,.... ",'
"......~) "
----
Warden
...~.
____.....0.-________
Clerk