98-42
COUNTY OF ELGIN
By-Law No. 98-42
BEING A BY-LAW TO AUTHORIZE TALISMAN ENERGY INCORPORATED (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 M.45, R.S.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
WHEREAS subject to the terms and conditions hereinafter set forth the Council of
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.
2. THAT such right or franchise shall be subject to the terms and conditions set out in an
Agreement to be entered into between the County and the Grantee in pursuance of this By-
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.
after said Agreement has been
4 THAT this By-Law shall come Into force and take effect
executed by all the parties thereto
this 10th day of December, 1998
this 10th day of December, 1998
time
time and finally passed
and second
third
READ a first
READ a
Rien VanBrenk,
Warden
McDonald,
County Administrator/Clerk.