86-8
rv \." 71R
COUNTY OF ELGIN
By-Law No. 86-8
"A BY-LAW TO AUTHORIZE THE CORPORATION OF THE TOWN OF AYLMER (HEREINAFTER
CALLED 'THE GRANTEE' AND WHICH TERM SHALL INCLUDE ITS SUCCESSORS AND
,
I
ASSIGNS) TO CONSTRUCT. USE AND OPERATE WORKS REQUIRED FOR ~ 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 the County of Elgin and IT IS HEREBY ENACTED as follows:
l. Full right, power, permission and consent are herebygrariteg,
conferred and assured unto the Corporation of the Town of Aylmer, 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 beèn 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
1- /~--< '>'
G C. Leverton F. PurCe '1
Clerk Warden
F.·,
"""1\1
......,
,
A G R E EM E N 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 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 oper-
ating 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 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 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, 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, sewerage
pumping stations, necessary or incidental thereto and to a Sanitary
Sewerage System within the Municipality
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,\
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 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
by Agreement
of both parties
in writing
upon
the parties
hereto
their successors
and assigns
and may be altered
8
THIS
AGREEMENT
shall enure to
the benefit
of and be binding
constituted during
the
term of this
Agreement
presently
constituted or as it
may from
time
to time be
b
the word
Municipality
"
shall
mean the County of Elgin as
Agreement
under
the
jurisdiction of the Municipality
dental thereto
now or at
any
time during
the
term of this
and
include a road
bridge and any other
structure inci-
a
the word
, highway
"
shall mean a common or public highway
7
In this
Agreement
and in
the By-Law above referred
to
remain
in force in perpetuity from
the date hereof
6
The rights
and privileges
hereby granted
shall continue and
Grantee
its servants
contractors
sub-contractors
agents
or employees
neglect or default
of some person
firm or corporation other than
the
damage
injury or expense is
occasioned by Act
of God or by
the act
its
mains
pipes
lines
or works in the Municipality unless such loss
tion
repair
maintenance
removal or operation by the Grantee of any of
of any damage to property or
injury to persons
caused by
the construc-
or expense which
the Municipality may bear
suffer or be put to by reason
save harmless the Municipality
from and against
all loss
damage
injury
5
The Grantee
shall and does
hereby at
all times
indemnify and
other officer of the Municipality above-mentioned
entered upon or opened
and
to
the
satisfaction of the said Engineer or
left in as safe and good a state of repair as
it
was
before it
was
all reasonable expedition
be restored
to' its
proper level and graded and
any of the
same from place
to place in a highway
the highway
shall
with
or
lines
or works
or
the
taking up of any of the same or
the moving of
time and upon
the construction
repairing and replacing of
any
such line
ways shall not
be
torn up or obstructed for any unnecessary length of
r'·'
"r·o_
.f,e;.;,.'
or lines
4
"
or other works
The Grantee
"
shall construct
3
~.;/'
with all reasonable expedition
so
repair and replace any such line
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-
that the high-
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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 TOWN OF AYLMER
Mayor
Clerk
THE CORPORATION OF THE COUNTY OF ELGIN
Warden
Clerk
,d
...~