89-26
L.UUI~ I Y u¡- tLGIN
BY-Law No. 89-26
"A BY-LAW TO AUTHORIZE THE CORPORATION OF THE VILLAGE OF PORT BURWELL
(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 Port Burwell,
its successors and assigns to enter upon, use and occupy the highways of
or under the jurisaiction of the Municipality to survey, construct, lay,
maintain, inspect, alter, re_pair I 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 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 an 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 the Clerk of the said Municipality are hereby
authorized and empowered to enter into and to execute on behalf of the
MunicipaJ_ity, 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 17th day of May, 1989.
READ a second time this 17th day of May, 1989.
READ a third time and finally passed this 17th day of May 1989
~~-e.-(~v/
G C. Leverton
Clerk,
r~"" -'1
'^',
,::,_r:-.,,·.,
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 PORT BURWELL
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 17th day of
May, A.D. , 1989, granted the said franchise from and after the execution of
this Agreement and has authorized and empowered the Warden and the 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, 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 pump-
ing stations, necessary or incidental thereto and to a Sanitary Sewerage
System within the Municipality
line or lines
or works
at the point specified
fying
the change desired
the Grantee
shall at its
own expense change its
the Engineer or other officer of the Municipality
above-mentioned
speci-
of the Municipality
then upon receipt
of reasonable notice in writing from
make
changes in its
line or lines
or works 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
proposed location
approval
of
the
said officer of the Municipality
as
to
such
thereof
and
shall
also
check with
and
obtain
the
written
what
it
proposes to lay or install and the
proposed
location
officer
of
the Municipality a preliminary map or plan
showing
lines
and
works
the Grantee
shall first file with
the
said
b
before laying or
installing any new
or renewal
mains
pipes
the
said officer of the Municipality
and
in advance of commencing
such work unless otherwise agreed
to by
duty
such· notice
to be given at
least
forty-eight
48
hours
person
acting
in
his stead
in the event
of his
absence
from
officer
of
the Municipality
which
term
shall
include
the
sion
over
its
highways
hereinafter referred to as
n
The
said
Council
of the Municipality
for the purpose of general supervi-
of the Municipality as
may
from time
to
time be appointed by the
commenced by
the Grantee without
written notice to
such
officer
with
the
travelled
surface of any highway
shall be undertaken or
a
no
excavation
opening or work which will disturb or interfere
case of emergency
in accordance with good engineering and construction practices
F'"
·_!Ø
f):~¡
installed by
the Grantee under
(or
'-" '", ,.-.;..,,:.,'>/:'~;"'><':" ,t:,"','>?!
renewal)
this
-W¡'¿-:iÌi'§
Agreement shall be constructed and laid
pipes
'{"íX:"T",
and
other
Except in
works
""l
PWiii 3
4 The Grantee shall construct, repair and replace 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 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 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 persons, 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 IIhighwayll shall mean a common or public highway and
include a road, bridge and any other structure incidental
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.
---'-c:-c-........ --..-.....-.-. ---_._--~
- 4 -
IN WITNESS WHEREOF the parties have hereunto affixed
their
I
I respective corporate seals duly attested by the hands of their proper
,
signing officers in that behalf.
THE CORPORATION of THE VILLAGE OF PORT BURWELL
Reeve
Clerk
THE CORPORATION OF THE COUNTY OF ELGIN
Warden
Clerk