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03-42 COUNTY OF ELGIN By-Law No, 03-42 BEING A BY-LAW TO AUTHORIZE GREENTREE GAS & OIL LTD. (HEREINAFTER CALLED 'THE GRANTEE' AND WHICH TERMS 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 11 (2) of the Municipal Act, 2001, S.O. 2001, c.25, an upper-tier municipality may pass by-laws respecting matters within the spheres of jurisdiction described in the Table to this section; and municipality to pass by-laws WHEREAS said Table authorizes an upper-tier regulating highways under its jurisdiction 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 WHEREAS subject to the terms and conditions hereinafter set forth the Municipa Council of the 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. 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. 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. The Warden and the Chief Administrative Officer for the said County are hereby authorized and empowered to enter into and to execute on behalf of the County, the Agreement aforesaid and to affix the Corporate Seal thereto. mmediately after an Agreement 4 This By-Law shall come into force and take effect has been executed by all the parties thereto day of December 2003 th 11 time this and second READ a first 11th day of December 2003. this third time and finally passed READ a ø David M. Rock, Warden. I , Chief Administrative Officer.