Loading...
HomeMy WebLinkAboutBy-law 1479B Y- L A W N U M B E R 1 4 7 9 ENTITLED "A BY-LAW TO PROVIDE FOR THE CORPORATION'S CONSENT TO THE BELL TELEPHONE COMPANY OF CANADA CONSTRUCTING ITS LINES UPON THE HIGHWAYS, STREETS, BRIDGES AND OTHER PUBLIC PLACES OF THE CORPORATION, AND TO AUTHORIZE THE TOWNSHIP ROAD SUPERINTENDENT TO SUPERVISE AND APPROVE THE CONSTRUCTION OF SUCH LINES." WHEREAS the Bell Telephone Company of Canada is empowered by its Special Act of Incorporation, 43 Victoria, Chapter 67 (Dom.) to construct, erect and maintain its line or lines of telephone along the sides of and across or under any public highways, streets, bridges, water courses, or other such places, or across or under any navigable waters either wholly in Canada or dividing Canada from any other Country, subject to the terms therein set forth; and WHEREAS sub-section 2 of Section 373 of the Railway Act R.S.C. 19270 Chapter 170, provides that no telephone line within the legislative authority of the Parliament of Canada shall, except as therein provided, be constructed upon, along or across any highway, square or public place without the legal consent of the municipality having jurisdiction over such highway, square or public place; and SAS the Bell Telephone Company of Canada has carried on its business in the Township of Pickering for a number of years and has established its lines of telephone upon the public highways, streets, bridges and other public places within the said Township of Pickering and continues so to do, and will from time to time hereafter require to construct additional lines upon the public highways, streets, bridges, and other such places within the said Township of Pickering for the purpose of its business. BE IT THEREFORE ENACTED by the Corporation of the Township of Pickering as a By-Law thereof as follows:- 1. THAT pursuant to the provisions of Section 373 (2) of the Railway Act R.S.C. 1927, Chapter 170, the said Corporation hereby consents to the construction by the Bell Telephone Company of Canada of all lines of telephone and telephone plant hereto fore constructed upon, along, across or under the highways, squares, bridges and public places within the said Township of Pickering over which the said Corporation has jurisdiction in the location and in the manner in which the same have been constructed. 2. THAT pursuant to the provisions of Section 373 (2) of the Railway Act, R.S.C. 1927, Chapter 170, the said Corporation hereby consents to the construction by the Bell Telephone Company of Canada from time to time hereafter of all such line or lines of telephone as it required for the purposes of its business upon, along, across or under any or all of the highways, squares, bridges or public places within the said Township under the jurisdiction of this Corporation. Provided, however, that the construction of all such lines and plant by the 4ell Telephone Company of Canada shall be done in accordance with the said Company's standards of construction from time to time in force and effect; and provided further that the locations of all such telephone lines and plant hereafter constructed, or of existing lines which may hereafter be relocated, and the opening up of streets, squares, bridges or other such public places for the erection of poles of the carrying of wires underground, shall be subject to the super- vision of the Township Road Superintendent of the `'orporation from time to time being, whose written approval of locations of lines and whose certificates as to supervision shall be valid and binding upon the Corporation. 3. Upon obtaining the consent of the abutting landowners, the Company may, with the approval and under the supervision of the said Township Road Superintendent, trim all trees growing or standing upon the highways, of the Corporation so as to keep its lines and wires free from interference therewith. By-law No. 1479 - 2 - 4. In the event of the Township Road Commission or other property qualified body or person deeming it necessary to request the Company to move, alter or re-arrange its line or lines of telephone and or other plant for the purpose of widening, improving or relocating a highway of the Corporation, or for any other purpose, the Township Road Superintendent may give to the said Company an order to do such work as he deems necess- ary; and he may enter into an agreement with the said Company for the apportionment of the cost of the said work between the Corpor- ation and the Company, and any such agreement entered into by the said Township Road Superintendent shall be valid and fully binding upon the said Corporation, provided that the share of the cost to be borne by the Corporation under the temps of the said agreement shall not exceed the sum of 0200.00. 5. The Clerk of the said Corporation is hereby authorized and directed to certify from time to time under the Seal of the Corporation to the Bell Telephone Company of Canada the Appointment and the name of the Corporation's Township Road Superintendent authorized to act under this By-"aw. 6. This By-Law shall be subject to the approval of the Ropartment of Public Highways of the Province of Ontario and shall come into force from and after the date of such approval. PASSED July 5th, 1937. Reeve "Donald R. Beaton" Clerk aY-LA SNUXDlR 1479 RNTITIRD "A BY-1AW TO PROVIDE FOR THE CORPORATION08 CONSENT TO YIN HALL TRLUWONB COMPANY OF CANADA, CONSTRUCTING ITS LINES UPON THa RIOHpAT8, STMIS, DRIDGMS AND OTHER PUBLIC PIACB9 OF T138 CORPORATION" AND TO AUTHORISN THE TOWNSHIP ROAD SUPIRINTENDENT TO SUPERVISE AND APPROVE THB CONSTRUCTION OF SUCH LINBS O the Bell Telephone Company of Canada to empowered by its Special Act of Inoorporstloni 4: Victoria, Chapter 67 (Dom.) to construct" erect and maintain its line or lines of telephone along the sides of and across or under any public highways, streets, bridges, rater eoursem, or other such places, or morose or under any navigable waters either wholly in Canada or dividing Canada from any other Country, subject to the tome therein not forth; and WHRUS sub-section 2 of Section 373 of the Railway Act R.S.Co 1927" Chapter 1702, provides that no telephone line within the legislative authority of the Parliament of Canada shall, ozoept as therein provided, be constructed upon, along or across any highway" square or public place without the legal consent of the municipality having jurisdiction over such highway, square or public place; and WHEREAS the 9011 Telephone Company of Canada has carried on its business in the Township of Pickering for a number of years and has established it• lines of telephone upon the public highways, streets, bridges and other public places within the said Township of Pickering and continues so to do, and will from time to time hereafter require to construct additional lines upon the public highways, streets, bridges, and other such places within the said Township of Pickering for the purpces of its business. BE IT ZU§W BNACTl?D by the Corporation of the Township of Pickering as a By-'Law thereof as followss- 1. THAT pursuant to the provisions or Section 373 (2) of the Railway Act R.S.C. 19270 Chapter 170, the, said Corporation hereby consents to the construction by the Bell Telephone company of Canada of all lines of telephone and telephone plant hereto fore constructed upon, along, across or under the highwayss squares, bridges and public places within the said Township of Pickering ever which the said Corporation has jurisdiction in the location and In the manner in which the same have been constructed. 2. THAT pursuant to the provisions of Section 373 (2) of the Rsilway Act, R.S.C. 1927, Chapter 170, the said Corporation hereby oonsentc to the construction by the Bell Telephone Company of Canada from time to time hereafter of all such line or linos of telephone as it required for the purposes of its business upon, along, across or under any or all of the highways, sqquarem, bridges or public places within the said Township under the jurisdiction of this Corporation. Provided, however, that the construction of all such lines and plant by the Rail Telephone Company of Canada small be done in accordance with the said Company's standards of construction from time to time in force and effect; and provided further that the locations of all such telephone lines and plant hereafter constructed, or of existing lines which say hereafter be relooated, and the opening up of streets, squares, bridges or other much public places for the erection of poles of the carrying of wires underground, dull be subject to the super- vision of the Township Read Superintendent of the corporation from time to time being, whose written approval of locations of lines and whose certificates as to supervision shall be valid and binding upon the Corporation. 3. Upon obtaining the consent of the abutting landowners, the Company may, with the approval and under the supervision of the said Township Road Suporintondents trim all tress growing or standing upon the highways, of the Corporation me as to keep its lines and wires free from interference therewith. By-taw No, 1479 - 2 M 4, In the event of the Township [toad Commission or other properly qqualified body or person dooming it necessary to request the Company to save, alter or re-arrange its line or lines of telephone and or other plant for the purpose of widening, improving or relocating a highway of the Corporation, or for any other purposep the Township Road Superintendent may give to the said Company an order to do such work as he doers neesss- ary= and he my enter into an agreement with the said Company for the apportionment of the cost of the said work between the Corpor- ation and the Company„ and any such agteonant entered into by the said Township Road Superintendent shall be valid and fully binding ypon--the sold Corporation, provided that the share of the cost to bw Uame by the Corporation under the tere@ of the said' agreement shall not exceed the sum of $200,00, 80 'The Clerk of the said Corporation is hereby authorized and directed to certify from ties to ties under the Seal of the Corporation to the Bell Telephone Company,p Canada the appointment and the name of the Corporation's Townddii Road Superintendent authorized to rot under this By-''awe 6, This By-law shall be subject to the approval of the B)epartment of Public Highways of the Province of Ontario and shall wale into force from and after the date of such approval, PASSED July 5th, 1997, Reeve "Donald R, Beaton" Clerk