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HomeMy WebLinkAboutBy-law 1283/81THE CORPORATION OF THE TOWN OF PICKERING BY-LAW NO. 1283/81 Being a By-Law to authorize the execution of an Agreement between the Corporation of the Town of Pickering and Pickering Cable T.V. Limited WHEREAS, the Corporation of the Town of Pickering and Bay Ridges Cable T.V. Limited entered into an Agreement dated August 30th, 1976, pursuant to which the company was authorized by the Town, subject to certain conditions, to erect and maintain certain equipment and to construct and lay down certain other equipment upon, across and along any highway or public place, and to place and maintain such equipment in certain other locations; and WHEREAS, Bay Ridges Cable T.V. Limited is now known as Pickering Cable T.V. Limited; and WHEREAS, the said Agreement has expired but the Parties wish to continue the arrangement thereby established; NOW THEREFORE, the Council of the Corporation of the Town of Pickering HEREBY ENACTS AS FOLLOWS: 1. The Mayor and Clerk are hereby authorized to execute an Agreement, in the form attached hereto as Schedule "A", between the Corporation of the Town of Pickering and Pickering Cable T.V. Limited with respect to the erec- tion, maintenance, construction and placing of certain equipment along highways and public places. BY-LAW read a first, second and third time and finally passed this 21st day of April , 1981. Mayor (Acting) Clerk SCHEDULE "A" By-Law 1283/81 THIS AGREEMENT made in duplicate this day of , 1981. B E T W E E N: THE CORPORATION OF THE TOWN OF PICKERING hereinafter referred to as the "Town" OF THE FIRST PART, - and - PICKERING CABLE T.V. LIMITED hereinafter referred to as the "Company" OF THE SECOND PART. WHEREAS, the Town and the Company entered into an Agreement dated August 30th, 1976, pursuant to which the Company was authorized by the Town, subject to certain conditions, to erect and maintain certain equipment and to construct and lay down certain other equipment upon, across and along any highway or public place, and to place and maintain such equipment in certain other locations; and WHEREAS, the said Agreement has expired but the Parties wish to continue the arrangement thereby established; NOW THEREFORE, THIS AGREEMENT WITNESSETH THAT, in consideration of the terms and conditions hereinafter set out, the Parties hereto agree as follows: 1. Where satisfactory plans, specifications, drawings and schedules have been provided to the Town and approved by the Town, the Town may permit the Company to: (a) erect and maintain upon, across or along any highway, street, road allowance, easement or public place, poles, towers, wires, cables, amplifiers and other accessory equipment; (b) construct and lay down pipes, ducts, conduits for enclosing wire, cables and other accessory equipment; and (c) place and maintain such equipment upon and within any poles, towers, pipes, ducts and conduits then erected, constructed or laid down with the consent of the owner and the body in which is vested the management and control of such poles, towers, pipes, ducts and conduits, provided that such equipment is for the purpose of transmitting electrical or electric impulses, signals and messages of every nature and kind, including those of alarm and protective systems, radio programs or parts thereof and television programs and parts thereof. - 2 -- 2. (1) The Company shall perform all erection, maintenance, con- struction, laying down, placing and repairs to the satis- faction of the Town and with all reasonable dispatch, and upon completion shall restore the highway, street, road allowance, easement or public place, as the case may be, to the same condition as before the commencement of the work and to the satisfaction of the Town. (2) The Company guarantees any such restoration work for a period -of one year from the date of completion. 3. (1) If, in the opinion of the Town, the restoration of the high- way, street, road allowance, easement or public place is not proceeding with reasonable dispatch, then the Town, upon forty-eight (48) hours written notice to the Company, may perform the necessary work at the Company's expense. (2) If, however, in the opinion of the Town, an emergency exists, the Town may proceed with the restoration at the Company's expense without any notice to the Company. 4. Should the Company wish to relocate, alter, change or remove any of the equipment erected, maintained, constructed, laid down or placed upon, across or along any highway, street, road allowance, easement or public place, then in that event the Company shall first submit satisfactory plans, specifications, drawings and schedules setting out the proposed relocation, alteration, change or removal, and shall not make any such relocation, alteration, change or removal until such plans, specifications, drawings and schedules are approved by the Town in writing. 5. (1) The Town may in its sole discretion require the Company to relocate, alter, remove or change any equipment located on, over or below any highway, street, road allowance, easement or public place by request in writing to the Company. (2) If any such request has not been complied with or acted upon within seven (7) days of the date of the notice, then the Town may relocate, alter, change or remove the equipment at the Company's expense, subject to adjustment or reimbursement if the relocation, alteration, change or removal is requested by the Town for the benefit of a third party. 6. (1) For the calendar year 1980 and for each calendar year there- after, unless otherwise agreed upon, the Company shall pay to the Town the sum of $0.75 per household annually for each connection to its radio- television broadcasting system, based on its report to the Canadian Radio and Television Commission or any successor thereto. (2) Should either Party wish to amend this Agreement by varying the annual per household sum payable under subsection (1), it shall give notice to the other Party on or before the 31st day of October in the year immediately preceding the year for which the variation is sought. (3) Any amendment agreed to pursuant to subsection (2) shall be committed to writing as an amendment to this Agreement and shall thereupon become a part of this Agreement. (4) If within six (6) months after notice is given pursuant to subsection (2), the Parties are unable to agree upon a var- iance in the annual per household sum payable under sub- section (1), then in that event this Agreement, except sec- tions 7 and 8, shall expire on the 31st day of July in the - 3 - year immediately following the year in which the notice was given, and the per household sum payable by the Company to the Town for the year in which expiry occurs shall be, (a) equal to seven-twelfths (7/12) of the per household sum payable in the year in which the notice was given, and (b) payable on or before the 31st day of August in the year in which expiry occurs. (5) The amount payable for the year 1980 shall be paid on or before the 1st day of May, 1981, and, subject to the provi- sions of subsection (4), the amount payable for each calendar year thereafter shall be paid on or before the 1st day of December in each calendar year. 7. The Company shall assume and pay all expenses, costs, charges or sums whatsoever arising to the Town from the erection, mainten- ance, construction, laying down, placing, relocation, alteration, changing or removing of the equipment, or which may arise there- from in any way so as to affect the lands of the Town. 8. The Company shall assume and pay all risks, costs, losses or dam- ages arising as a result of any permission hereby granted, and shall save harmless and keep indemnified the Town from all claims, losses, costs, charges, damages, expenses, suits, proceedings and actions as the Town may at any time or times bear, sustain, or be put to arising from any permission granted by the Town. 9. The Company shall place and maintain public liability and property damage insurance naming the Town as an insured insofar as its interest may appear in an amount not under one million dollars ($1,000,000) during the currency of this Agreement. 10. This Agreement shall be deemed to have come into effect on the 1st day of January, 1980, and, subject to the provisions of section 6, shall expire, except for sections 7 and 8, on the 31st day of December, 1985. 11. Any notice given pursuant to this Agreement shall be deemed to have been effectively given when mailed to (a) the Town by prepaid post at 1710 Kingston Road, Pickering, Ontario, and (b) the Company by prepaid registered post at c/o Kennedy & Kennedy, 101 Richmond Street West, Toronto, Ontario or to such other address as the Town or Company, as the case may be, may by notice in writing direct. 12. This Agreement is binding upon the Parties hereto but shall not enure to the benefit of any successor or assignee of either Party. 13. It is understood by both Parties to this Agreement that should legislation be enacted by the Province of Ontario providing for payments by Pickering Cable T.V. Limited to the benefit of the municipality either directly or through the Province, then in that event payments provided for in section 6 of this Agreement shall cease. - 4 - IN WITNESS WHEREOF the Corporate Seals of the respective Parties have been hereunto affixed, attested to by the hands of their proper authorized Officers. THE CORPORATION OF THE TOWN OF PICKERING Mayor Clerk PICKERING CABLE T.V. LIMITED Secretary-Treasurer