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86-2 r~1š COUNTY OF ELGIN By-Law No. 86-2 "A BY-LAW TO AUTHORIZE THE CORPORATION OF THE TOWNSHIP OF YARMOUTH (HERE- INAFTER CALLED 'THE GRANTEE' AND WHICH TERM SHALL INCLUDE ITS SUCCESSORS AND ASSIGNS) TO CONSTRUCT. USE AND OPERATE WORKS REQUIRED FOR A SANITARY SEWERAGE SYSTEM 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 franchise or right of passing through the Municipality for the purpose of constructing, using and operating lines and works for a Sanitary Sewerage System in the Municipality; 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 Corpo- ration of thè 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 Yarmouth, 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, 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, appa- ratus, appliances and attachments, including attachments for cathodic protection, sewerage pumping stations and other works, necessary or inci- dental thereto and to a Sanitary Sewerage System on a highway. 2. Such right or franchise shall be subject to all the terms and conditions set out in a agreement to be entered into between the Municipality 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 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 January, 1986. READ a second time this 22nd day of January, 1986. READ a third time and finally passed this 22nd day of January 1986 .~--/L.<.-<--"-<-<-- ,.>4:r--.-..~ G C. Leverton Clerk " . A G R E E MEN T made in duplicate this 22nd day of January A.D 1986 BET WEE N : THE CORPORATION OF THE COUNTY OF ELGIN hereinafter called "the Municipality" OF THE FIRST PART - and - THE CORPORATION OF THE TOWNSHIP OF YARMOUTH hereinafter called lithe Granteell OF THE SECOND PART WHEREAS the Grantee has requ~sted 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 a Sanitary Sewerage System within the Municipality; and WHEREAS the Municipality has by By-Law passed on the 22nd day of January, A.D. , 1986, 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 juris- diction of the Municipality to survey, construct, lay., maintain, inspect, alter, repair, renew, remove, replace, reconstrlict, 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 protection, sewerage pumping stations, necessary or incidental thereto and to a Sanitary Sewerage System within the Municipality . . , ',~ '''--_/^ 2 2 All new (or renewal mains, pipes lines and other 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 supervison over its highways (hereinafter referred to as liThe 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 48 hours in advance of commenc- ing such work unless otherwise 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 t'hereof 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 March 31 of any year, the Grantee shall file with the Engineer of the Municipality, maps or plans showing the location and size of all mains, pipes, lines and other works laid or installed by the Grantee in the highways during its previous year. 3. 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 municipal 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 Engineer 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 3 4 The Grantee shall construct repair and replace any such line or lines or other works with all reasonable expedition so that the high- ways 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 Engineer or other officer of the Municipality above-mentioned. 5. The Grantee shall and does hereby at all times indemnify and save harmless the Municipality from and against all loss, damage, inj ury 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 construc- tion, 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 6. The rights and privileges hereby granted shall cOntinue and remain in force in perpetuity from the date hereof. 7. In this Agreement and in the By-Law above referred to, (a) the word "highwayll 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. 8. THIS AGREEMENT shall enure to the benefit of and be binding upon the parties hereto, their Successors and assigns and may be altered by Agreement of both parties in writing 1'" . ......'- "-.r-~· ·'_.~i'" ti:~~'H;i.~"'.: 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 YARMOUTH Reeve Clerk THE CORPORATION OF THE COUNTY OF ELGIN Warden Clerk