Loading...
HomeMy WebLinkAboutBy-law 4249/72THE CORPORATION OF THE TOWNSHIP OF PICKER ING BY-LAW NUMBER 7 71// / _ being a by-law agxeement for maintain cable ment ins on or Corporation of Pickering. to authorize an permission to television equip- over lands of The the Township of WHEREAS the Corporation of the Township of Pickering has power under Section 379(1) pax. 99 of The Municipal Acts R.S.O. 1960 and amendments thereto to authorize and regulate inter alia the erection and maintenance upon2 across or along any highway or public place of cables and the constxuction and laying down of pipes, ducts and conduits fox cables in order to transmit electric signals and television programmes; AND WHEREAS Bay Ridges Cable T. V. Limited has requested permission to instal and maintain Cable television equipment in the streets and public lands of the Township; AND WHEREAS the Council of the Township wishes to authorize such an installation on cextain terms and conditions. NOW THEREFORE THE CORPORATION OF THE TOWNSHIP OF PICKERINS ENACTS AS FOLLOWS: 1. That the Corporation of the Township of Pickering enter into an agreement at the pleasure of its Council with Bay Ridges Cable T.V. Limited and in the form attached hereto as Schedule "A" to this by-law. 2. That the Reeve and Clerk be and the same are hereby auth- orized to execute an agreement with the said Bay Ridges Cable T.V. Limited in the foxm attached hereto as Schedule "A" to this by-law. / d READ a first land second time this ?< day of C .?C C( C Reeve BREAD a third ti e and passed in open council this ?u/day of ( d L2/ 1 L, Clerk Reeve .1 C-e 7 THIS AGREE NT made this N? day of Jug 1971-, BuT 14 ;EN TIE CORPORATION OF TH TO'eNSHIP OF PICMERING (hereinafter called the Township)P OF THE FIRST PART, ;. -and- BAY RIDGES CABLE T. V. LIPUTED (hereinafter called the Company) OF THE SECOND PART. WIEREAS Section 379 (1) Para. 99 of The Nkanicipal Act R.S.O. 1960 provides that a local municipality may pass by-laws for authorizing and regulating inter alia, cables amplifiers and accessory equipment and the laying down of conducts therefor. AND WlrREAS the Company has applied to the Township for permission to install its coaxial cables and accessory equipment 'under streets of the Township of Pickering. AND WIL-,REAS the Council of the Township has passed By-law numb ers/l/y/on the day of 7 ,19j-;7-, agreeing to the installation of the said cable equipment subject to the execution of this agreement by the Company. AND WHERE AS the Company has obtained the consents of Bell Canada and The Hydro Electric Power Commission of Ontario to the placing and maintenance of its cable T.V. equipment upon polos and towers of Bell Canada and Ontario Hydro.. WITIPESSETH that in consideration of tha terms and conditions hereinafter set out, the Township does herein grant po rmission to the Company during the pleasure of the Council of the. Township to: instal, construct, maintain, repair and renew a coaxial cable system and accessory equipment under the streets, road allowances and easements of the Township of Pickering. The Company does h)roby acknowledge, covenant and agree to the following terms and conditions:- 1. To submit to the Township Engineer from time to time or as he may require :-- (1) application in form and content satisfactory to the Township Engineer and (2) plans, specifications, drawings and Schedules showing location of cable T.V. equipment satisfactory to the Township Engineer. 2. To obtain the prior written approval of the Township Engineer as to placing, maintaining, relocating, altering or j: removing of cable T.V. Equipment. 3. To perform all construction maintenance and repairs in i' a good and workmanlike manner and to the satisfaction of the Town- ii ship Engineer and with all reasonable dispatch, and upon completion,':. of the work to restore the roads, streets and easements to the sama P condition as before the commencement of the said construction and repairs, and to the satisfaction of the Township Engineer. The Company shall guarantee any restoration work for a period of one year from the date of completion. 4. In the event that the Company is not, in the opinion of the Township Engineer, proceeding with the work of the replacement of the said roads and streets with reasonable dispatch, then the Township, upon 48 hours notice to the Company, may perform the necessary work at the Company's expense. Provided that, if in th opinion of the Township Engineer, an emergency exists, the Township' may do the work, at the Company's expense without notice to the C o-,,4) any . 5. To relocate, alter or remove the cable T.V. equipment as may be required by the Township Engineer provided that in the ,vent the Company does not obey the Township engineer's requirements, the Township :'ngineer may relocate alt<3r or remove the cable T.V. -3- equipment upon seven days notice in writing to tha Company. b. To place, maintain, rolocate, alter or remove the cable T.V. equipment only in the area for which tho Company has boon lie3nsed to operato by the Canadian Radio and T,,Lovision Commission. 7. To assume and pay for all expenses, costs, charges or sums whatsoever arising from the placing, maintaining, relocating, altering or removing of the cable T.V. equipment or which may arise therefrom in any way so as to affect the lands of the Township. 8. To assume all risks, costs, loss or damage arising as a result of the permission hereby granted and to save harmless, defend and keep indemnified the Township from all claims, loss, d costs, charges, damages, expenses, suits, proceedings and actions i as the Township may at any time or times bear, sustain or be put it ji to arising from this permission granted by the Township. 9. To place and maintain public liability and property, damage insurance naming the Township as an insured in so far as it its interest may appear in an amount satisfactory to the Township and prior to placing and maintaining the cable T.V, equipment. ?i 10. To pay a fee in such amount and in such a manner and times as is set forth in Schedule r3 attached hereto. 11. To pay all Federal, Provincial and .Iunicipal taxes, levies, fines or charges as may arise from time to time by reason of the permission granted herein. 12. The permission granted herein does not enure for the bonefit of any successor or assign of the Company. 13. Any notice given pursuant to this a,groement shall be deemed to have been effectively given when mailed to the Company by prepaid registered post to 925 Vistula Drive, Pickering, Ontario, or to such other address as the Company may, by notice in writing, direct. IN WITNESS b1IE,1130F the Corporate Seal of the Company has bean har-unto affixed, attested by the hands of its proper officers; duly authorized in that behalf,, and the Corporate Seel of the corporation has been affixed under the hands of its proper officials. HAY RIDGES CAHLS T. V. LIMITED ?r / - Per: Per -?-- TIM CORPORATION OF Tff,-- TOWNSHIP OF PICMRING 1 / eeve Clerk (a) `_:ia ?'ox:lpany will pay r.io ar:.ount of a1,000.30 for year 1:372, on or ?afora :'OYi3:ui`+er list, 1372. (a) Luring tau tears 1373 and 1374, tLe company will ;gay 73 cants -par howuhold yearly for all tLa connections to its rsyatem eased on its "port to C.`.%.i.C. l:ae deadline for the payr:iant in :oti cafes i;aing Cctoaer lot. (c) ..hat the company Supply tiia Tovas:iip wit., a pualic Lianility Insurances Lond in the amount of ono million ?-tollars.