85-42
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COUNTY OF ELGIN
BY-LAW NO. 85-42
"A BY-LAW TO AUTHORIZE MR RICHARD L. GALLOWAY THE OWNER OF A PORTION
OF LOT 9. CONCESSION V OF THE TOWNSHIP OF YARMOUTH (HEREINAFTER CALLED
'THE GRANTEE' AND WHICH TERM SHALL INCLUDE HIS HEIRS. SUCCESSORS. AND
ASSIGNS) TO CONSTRUCT. USE. AND OPERATE WORKS REQUIRED FOR THE TRANS-
MISSION 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 for the said line or lines in
the Municipality other than to persons whose land abuts on a highway
known as County Road No. 45 along or across which the same is carried
or conveyed; and
WHEREAS, subject to the terms and conditions hereinafter set
forth, the Municipal Council of the Corporation of the County of Elgin
has agreed to grant the said franchise.
BE IT THEREFORE ENACTED by the Municipal 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. Richard L. Galloway, his heirs, succes-
sors and assigns to enter upon, use and occupy the highway, known as
County Road No. 45, 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
9ttachments 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
Municipality and the Grantee in pursuance of this By-Law, which Agree-
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 22nd day of July, 1985.
READ a second time this 22nd day of July, 1985.
READ a third time and finally passed this 22nd day of July, 1985.
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G. C. Leverton
Clerk.