88-63
BY-Law No 88-63
"A BY-LAW TO AUTHORIZE MR JACK TAPSELL THE OWNER OF A PORTION OF LOT 8
CONCESSION VI. TOWNSHIP OF YARMOUTH (HEREINAFTER CALLED 'THE GR-ANTEE' AND
WHICH TERM SHALL INCLUDE HIS HEIRS. SUCCESSORS AND ASSIGNS). TO CONSTRUCT
USE AND OPERATE WORKS REQUIRED FOR THE TRANSMISSION 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 Munici-
pality 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
I 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
I
:Iil WHEREAS, subject to the terms and conditions hereinafter set
:1; forth, the Municipal Council of the Corporation of the County of Elgin has
agreed to grant the said franchise.
!
I BE IT THEREFORE ENACTED by the Municipal Council of the Corpora-
tion 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. Jack Tapsell, his heirs, successors 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,
i 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,
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 intQ between the Munici-
pality 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 author-
ized and empowered to enter into and to execute on behalf of the Municipal-
ity, the Agreement afòresaid 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 16th day of November, 1988.
READ a second time this 16th day of November, 1988.
READ a third time and finally passed this 16th day of November 1988
-: ~,.>L~
G C. Leverton
Clerk
distributing water within the Municipality
n~cessary
or
incidental
thereto
and
to á
system
for
the
purpose
of
appliances
and attachments
including attachments for cathodic protection
a
pipe
line
or
pipe lines
with
any
and
all
connections
apparatus
operate
in
through
upon
under
along and across the same or any of them
inspect
alter
repair
renew
remove
replace
reconstruct
use and
jurisdiction
of the Municipality
to
survey
construct
lay
maintain
consent
to
enter
upon
use
and occupy
thé highways
of
or
under
the
Grantee
his
successors and assigns
full right
power
permission
and
1
The
Municipality does hereby grant
confer and assure unto
the
contained on the part
of the Grantee WITNESSETH as follows
premises
and of the performance of the covenants
and obligation hereinafter
the
NOW
THEREFORE
THIS
INDENTURE
made
in
consideration
of
corporate seal thereto
Clerk
of the
said Municipality
to execute
this
Agreement and
to affix
the
execution of this
Agreement
and has
authorized and empowered
the Warden and
November
A
D
1988
granted
the said franchise from
and
after
16th day of
the
WHEREAS
the Municipality has by By-Law passed on the
Municipality
and
line
or
lines
and
works
for
the
distribution
of
water
within
the
the
Municipality
for
the purpose of constructing
using and
operating
a
him and his successors
and assigns
a franchise or right
of passing through
WHEREAS
the
Grantee has
requested
the Municipality
to grant
to
JACK TAPSELL
hereinafter called 'the Grantee
OF THE SECOND PART
and
THE CORPORATION OF THE COUNTY OF ELGIN
hereinafter called 'the Municipality'
OF THE FIRST PART
BET WEE N
I
A
I~'o/"
.,5?"""/'
D.
AGREEMENT
1988
made
in duplicat~
this
16th day bf November
·'l
"!!)I
~ M'C"J.:
P''''''
,,~,.x",;/:'-,>"fi"? ' lines and works
2 All new (or renewal mains~ pipes 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 - I
(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 forty-eight (48 ) hours in
advance of commencing 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.
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
agreement
of both Parties
in writing
the
Parties
hereto
their
successors
and assigns and may be
altered
by
8
THIS AGREEMENT
shall enure to
the benefit
of and be binding
upon
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
thereto
now
or
at
any
time during
the
term
of
this
include
a road
bridge and any other structure
incidental
a
the word
'highway
"
shall
mean a common or public highway and
7
In
this
Agreement
and
in
the By-Law above referred to
remain
in
force for a period of twenty
20
years from
the
date
hereof
6
The
rights
and
privileges
hereby granted
shall
continue
and
servants
contractors
sub-contractors
agents
or employees
default
of some person
firm or corporation other than
the
Grantee
its
injury
or expense
is occasioned by Act
of God or by the
act
neglect
or
mains
pipes
lines
or works in the Municipality unless such loss
damage
repair
maintenance
removal
or
operation by
the Grantee of any of
its
any
damage
to property or injury
to persons caused by
the
construction
expense which
the Municipality may bear
suffer or be put to by reason
of
harmless
the
Municipality from and against all loss
damage
injury
or
5
The Grantee
shall and does hereby at
all times
indemnify and save
Municipality above-mentioned
and
to
the
satisfaction of the
said Enginèer or
other
officer
of
the
and
good a
state of repair as it
was before it
was
entered upon or opened
expedition
be restored to its
proper
level and graded and left in as safe
from place
to place in a highway
the highway
shall
with all
reasonable
works
or
the
taking up of any of the
same or
the moving of any of
the
same
upon
the construction
repairing and replacing of any
such line or lines
or
r·.,
"",'<"}¡,'
}j';:,r'>','·
shall
I
4
ines
not be
or other works
The Grantee shall construct
torn up or obstructed for any unnecessary length
with all reasonable expedition
3
repair and replace any
so
that
the
I
of
such line or
highways
time and
'.'1!g
~';,
-,-:;\~
If" -L.I" ".L.l.J:~.c.~~ nrl'1J.!oIU!iVr 'l:"ne:c"part:i'é"S have: hê.:fêû'rif'Q âfH;<èd fhê'ii;;;<V'"'K~f+~\I¡~
respective corporate seals duly attested by the hands of their proper
signing officers in that behalf
/
MR. JACK TAPSELL
YIi .'-¿Æ
!. ,1' -, )
j, _R..l-l~( >[f - ,-ÁLlI-f/
, (k~1
11; uL ,/1C2/1<J¿ ¿ ¡J
(/
THE CORPORATION OF THE COUNTY OF ELGIN
Æ)?Þ ~~
Warden
NO'J 1 6 1988 ~~>4---rJ
Date Clerk