98-37
COUNTY OF ELGIN
By-Law No. 98-37
BEING A BY-LAW TO AUTHORIZE ROWE ENERGY CORPORATION (HEREINAFTER
CALLED 'THE GRANTEE' AND WHICH TERM SHALL INCLUDE ITS SUCCESSORS
AND ASSIGNS). TO CONSTRUCT. USE AND OPERATE WORKS ON COUNTY ROAD
"
ALLOWANCES IN THE COUNTY OF ELGIN (HEREINAFTER CALLED 'THE COUNTY'
WHEREAS pursuant to Section 308(3) of the Municipal Act, being Chapter MA5,
RS.O. 1990, as amended, a council of a municipality may pass a by-law for placing or
permitting any person under such conditions as may be agreed upon to place, construct,
install, maintain and use objects in, on, under or over sidewalks and highways under its
jurisdiction, to permit any person to make, maintain and use areas under and openings in the
highways and sidewalks, and for prescribing the terms and conditions upon which the same
are to be placed, constructed, installed, maintained or used; and
WHEREAS the Grantee has requested the Corporation of the County of Elgin to grant
a franchise or right of passing through the County for the purpose of constructing, using and
operating works on road allowances within the County; and
the Council of the
WHEREAS subject to the terms and conditions hereinafter set forth
Corporation of the County of Elgin has agreed to grant the said franchise
the Municipal Council of the Corporation of the County of Elgin
NOW THEREFORE
enacts as follows:
1 THAT full right, power, permission and consent are hereby granted, conferred and
assured onto the Grantee, its successors and assigns, to enter upon, use and occupy the
highways of or under the jurisdiction of the County to survey, construct, lay, maintain and
inspect, alter, repair, renew, remove, replace, reconstruct, use and operate, in, through,
upon, under, along and across the same or any of them works required within the County by
the Grantee consistent with the Municipal Act or other related Acts on its behalf.
the terms and conditions set out in an
the Grantee in pursuance of this By-
2. THAT such right or franchise shall be subject to
Agreement to be entered into between the County and
Law.
3. THAT the Warden and the County Administrator/Clerk are hereby authorized to enter
into and to execute on behalf of the County the Agreement aforesaid and to affix the
Corporate Seal thereto
has
after said Agreement
4 THAT this By-Law shall come into force and take effect
been executed by all the parties thereto.
10th day of November, 1998
1 Oth day of November, 1998
this
time this
time and finally passed
and second
third
READ a first
READ a
Perry Clutterbuck,
Warden
G. McDonald,
County Administrator/Clerk.