86-7
-...""".'..','. " " ~
.)f·iS>,
COUNTY OF ELGIN
BY-LAW NO. 86-7
"A BY-LAW TO AUTHORIZE THE CORPORATION OF THE TOWN OF AYLMER (HEREINAFTER
CALLED 'THE GRANTEE' AND WHICH TERM SHALL INCLUDE ITS SUCCESSORS AND
ASSIGNS) TO CONSTRUCT. USE. AND OPERATE WORKS REQUIRED FOR THE TRANSMIS-
SION 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 franchise or right of passing through the
Municipality for the purpose of constructing, using and operating lines
and works for a Water System in the Municipality; and
WHEREAS, subject to the terms and conditions hereinafter set
forth, the Municipal Council of the Corporation of the County Qf Elgin
has agreed to grant the said franchise.
BE IT THEREFORE ENACTED by the Municipal Council of the Corpo-
ration of the County of Elgin AND IT IS HEREBY ENACTED as follows:
1. Full right, power, permission and consent are hereby~ranted,
conferred and assured unto the Corporation of the Town of AY~ffiet, 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,
apparatus, appliances and attachments, including attachments for cathodic
protection, water pumping stations and other works, necessary or inciden-
tal thereto and to a Water System Qn a highway.
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 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 19th day of February, 1986.
READ a second time this 19th day of February, 1986.
READ a third time and finally passed this 19th day of February 1986
:-r~~
G C. Leverton
Clerk
F" " -...
If;·''!.:
A G R E E MEN T made in duplicate this 19th day of February
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 TOWN OF AYLMER
hereinafter called 'the Grantee'
OF THE SECOND PART
WHEREAS the Grantee has re~uested 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 Water System within the
Municipality; and
WHEREAS the Municipality has by By-Law passed on the 19th day
of February 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 obligàtion 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, water pumping stations, necessary or incidental thereto and to a
Water Sytem within the Municipality
~,
-
- 2
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 48
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 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
r
"'11%.
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, 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 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 u highway II 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 j urisdict ion of the Municipality.
(b) the word "MunicipalityU 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.
F '~
I't;" 4 -,'f
.~~_;:;;:5h'"
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 TOWN OF AYLMER
Mayor
Clerk
THE CORPORATION OF THE COUNTY OF ELGIN
Warden
Clerk