89-14
I
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COUNTY OF ELGIN
BY-Law No. 89-14
"A BY-LAW TO AUTHORIZE THE CORPORATION OF THE VILLAGE OF DUTTON
(HEREINAFTER 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 Munici-
pality 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:
1. Full right, power, permission and consent are hereby granted,
conferred and assured unto the Corporation of the Village of Dutton, 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, sewerage pumping stations and other works, necessary or
incidental thereto and toa 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 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
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 29th day of March, 1989.
READ a second time this 29th day of March, 1989.
READ a third time and finally passed this 29th day of March 1989
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;f- ';4~
G. C. Leverton A. K. Ford
Clerk. Warden
, ,0;:." ,~^ --~-~~
r ,),'~'0<.
AGREEMENT made in duplicate this day of A.D 1989.
BETWEEN :
THE CORPORATION OF THE COUNTY OF ELGIN
hereinafter called 'the Municipality'
OF THE FIRST PART
- and -
THE CORPORATION OF THE VILLAGE OF DUTTON
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 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 29th day of
March, A.D. , 1989, 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 hereinafter
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, renewt 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 pump-
ing stations, necessary or incidental thereto and to a Sanitary Sewerage
System within the Municipality
line or lines
the
fying the change desired
Engineer
or works at the point specified
or other officer of the Municipality above-mentioned
the Grantee shall at its
own expense change
spec i-
its
of the Municipality
then upon receipt
of reasonable notice in writing from
II
il
'I
make changes in its
line or lines
or work.s in order
to facilitate
the
work
and
in
the course
thereof it shall become necessary to have
the
Grantee
bridge
culvert
or other municipal works
or
improvements thereon or
therein
alter
the
construction of any highway or of any municipal
drain
ditch
3
In
the
event that the Municipality
shall deem
it
expedient
to
in the highways
during its
previous
year
of all mains
pipes
lines
and other works
laid or installed by the Grantee
Engineer of the Municipality
maps
or plans showing the location and
size
Not
later
than
March
31
of any year
the Grantee
shall
file
with
the
Municipality as to
such proposed location
obtain
the
written
approval of the
said
officer
of
the
proposed
location
thereof
and shall also check
with
and
plan
showing
what it
proposes to lay or
install
and
the
the
said
officer of the Municipality a preliminary map
or
pipes
lines
and works
installing any new
the Grantee
shall first
file
with
mains
b
before
laying
or
or
renewal
and
otherwise agreed to by
the
said officer of the Municipality
at
least 48
hours
in advance of commencing such work
unless
the event of his
absence from duty
such notice to be given
which
term
shall include the person acting in his stead
in
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t
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"~I);
after referred to as
"
The
said officer of the Municipality
"
the purpose of general supervison over its
highways
herein-
to time be appointed by the Council of the Municipality
for
notice
to such officer of the Municipality as
may
from
time
undertaken
or
commenced
by
the
Grantee
without
written
fere
with
the
travelled
surface of any
highway
shall
be
a
no excavation
opening or work which will disturb or
inter-
case of emergency
in accordance with good engineering and construction practices
installed by
2
All
the Grantee under this
new
(or
renewal
mains
Agreement shall be constructed and laid
pipes
lines
and
Except
in
r 4 Tne (jrant:ee sna..LL conS1:ruct:: I repalr and rep~ace any such line or
lines or other 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 mQving 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 construction,
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 IIhighway" shall mean a common or public highway
and include a road, bridge and any other structure inciden-
tal thereto, now or at arty 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
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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 VILLAGE OF DUTTON
Reeve
Clerk
THE CORPORATION OF THE COUNTY OF ELGIN
Warden
Clerk