85-47
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G
C. Leverton
Clerk
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J. Lavereau,
Warden
READ a
READ a
READ a
4. This By-Law shall come into force and
after an Agreement in the form hereunto annexed
by all the parties thereto
first time this 12th day
second time this 12th day
third time and finally passed
of
of
September 1985
September, 1985
this 12th day
take effect immediately
shall have been executed
of September
1985
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 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
1. Full right, power, permission and consent are hereby granted
conferred and assured unto Mr. Edwin Thomas Banghart and
Mr. William Douglas McVety and Mr. George Alfred Tapsell, their heirs,
successors and assigns to enter upon, use and occupy the highway, known
as County Road No. 29, 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
apy and all connections, apparatus, appliances and attachments, includ-
ihg 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
BE IT THEREFORE ENACTED by the Municipal Council of the
Corporation of the County of Elgin AND IT IS HEREBY ENACTED as follows
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
WHEREAS the Grantee has requested the Corporation of the
County of Elgin to grant them 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. 29 along or across which the same is carried
or conveyed; and
AFTER CALLED
PART OF LOT 3 RANGE 1 SOUTH OF EDGEWARE ROAD TOWNSHIP OF YARMOUTH
(HEREINAFTER CALLED 'THE GRANTEE' AND WHICH TERM SHALL INCLUDE THEIR
HEIRS. SUCCESSORS. AND ASSIGNS) TO CONSTRUCT. USE. AND OPERATE WORKS
REQUIRED FOR THE TRANSMISSION OF WATER IN THE COUNTY OF ELGIN (HEREIN-
THE MUNICIPALITY
)
"
MR
'A BY-LAW TO AUTHORIZE MR
WILLIAM DOUGLAS McVETY AND
EDWIN THOMAS BANGHART AND
MR
GEORGE ALFRED TAPSELL
THE OWNERS OF
.<t;
BY-LAW NO
COUNTY OF ELGIN
85-47
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A G R E E MEN T made in duplicate this 12th day of September
A. D. , 1985.
BET WEE N :
THE CORPORATION OF THE COUNTY .OF ELGIN
hereinafter called "the Municipality"
OF THE FIRST PART
- and -
EDWIN THOMAS BANGHART
- and -
WILLIAM DOUGLAS McVETY
- and ~
GEORGE ALFRED TAPSELL
hereinafter called lithe Grantee"
OF THE SECOND PART
WHEREAS the Grantee has requested the Municipality to grant
to it 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 12th day
of September A. D. , 1985, 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 herein-
after 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
·'" " , . t· ¿
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2
2 All new (or renewal mains, pipes lines and works installed
by the Grantee under this Agreement shall be constructed and laid in
accordance with good engineering and construction practices. Except in
case of emergency -
(a) 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 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 highways (hereinafter referrred 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 other-
wise agreed to by the said officer of the Municipality,
and
(b) 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 high,laYs 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
" . . .,.e~e';.
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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 specify-
ing 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 con-
struction, 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 Uhighwayll shall mean a common or public highway
and include a road, bridge and any other structure inci-
dental 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
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- 4
THIS AGREEMENT shall enure to the benefit of and be binding
upon the parties hereto, their 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.
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THE CORPORATION OF THE COUNTY OF ELGIN
Warden
Clerk