80-36
3. The Warden and Clerk of the Corporation of the County of
Elgin be and they are hereby authorized and empowered to enter into
and to execute on behalf of the Corporation of the County of Elgin
Agreement aforesaid and to affix the corporate seal thereto
the
2. Such right or license shall be subject to terms
conditions set out in an Agreement to be entered into the
Corporation of the County of Elgin and the Company in pursuance
By-Law, which Agreement shall be in the form hereunto attached
all the
between
of
and
this
consent, and authority of the Corporation of
Elgin be same are hereby granted, conferred and
the Company, successors and assigns for a term of
twenty years to enter upon, re_enter, use and occupy all highways now
or hereafter with the jurisdiction of the Corporation of the County of
Elgin or to which the Corporation of the County of Elgin is now or will
hereafter be entitled (hereinafter called the "Licensed Lands") within
the County of Elgin to install, construct, operate, maintain, inspect,
alter, repair, renew, remove, replace and reconstruct such works
(hereinafter called "Works") as may be required by the Company for the
purpose of transmitting and distributing televisidn, radio and related
communication signals and services throughout the County of Elgin.
Such works may be located on, under or over the Licensed Lands in the
manner as 'may be de"ignated in accordance with the terms of the Agree-
ment annexed hereto. For the purpose of this By-Law and the said
Agreement such Works shall include all cables, connections, conduits
pedestals, towers, poles, apparatus, appliances and attachments nec-
essary or incidental to such purpose
The
County of
assured unto
1.
the
permission
and the
its
BE IT THEREFORE ENACTED by the Municipal Council of the
Corporation of the County of Elgin AND IT IS HEREBY ENACTED as follows
WHEREAS subject to the terms and conditions hereinafter set
forth, the Municipal Council of the Corporation of the County of Elgin
has agreed to grant the said license
WHEREAS the Company has requested the Corporation of the
County of Elgin to grant it a license or right entitling the Company
to install, construct, operate and maintain in the Municipality works
required for the transmission and distribution of television, radio and
related communications signals and services transmitted through a net-
work of coaxial cable lines owned by the Company and
'MUNICIPALITY'
)
"
THE MUNICIPALITY OF THE COUNTY OF ELGIN
{HEREINAFTER CALLED THE
COMMUNICATIONS SIGNALS
AND
SERVICES WITHIN THE GEOGRAPHIC BOUNDARIES OF
FOR THE TRANSMISSION AND DISTRIBUTION OF TELEVISION
RADIO AND RELATED
ASSIGNS)
TO
INSTALL
CONSTRUCT
OPERATE AND
MAINTAIN WORKS
REQUIRED
CALLED THE
COMPANY'
AND WHICH TERM
SHALL
INCLUDE
ITS SUCCESSORS AND
ST
'A BY-LAW TO AUTHORIZE ALLVIEW CABLE SERVICE OF 658 TALBOT
THOMAS
ONTARIO
A DIVISION OF CABLECASTING LIMITED
{HEREINAFTER
STREET
I
By-Law No
COUNTY OF ELGIN
80-36
II
2
4. This By-Law shall come into force and take effect immediately
after an Agreement in the form hereunto annexed shall have been executed
by all the parties thereto.
READ a first time this 18th day of June, 1980.
READ a second time this 18th day of June, 1980.
READ a third time and finally passed this 18th day öf June, 1980
,
c.. ~ á ~~kAA
- .::!
G C. Leverton L A. Longhu:r:st,
Clerk Warden.
A G R E E MEN T made in duplicate this 14th day of August
A D. , 1980.
BETWEEN:
THE ,CORPORATION OF THE ,COUNTY. OF ELGIN
hereinafter called the "Municipality"
OF THE FIRST PART
- and -
CABLECASTING LIMITED, a Corporation
incorporated under the laws of the
Province of Ontario, and carrying on
business under the name of ALLVIEW
CABLE SERVICE
hereinafter called the "Company"
OF THE SECOND PART
WHEREAS the Company desires to install, construct, operate
and maintain certain works within the geographic boundaries of the
Municipality for the purpose of transmitting, distributing and selling
tel~vision, radio and related communication signals and services trans-
mitted through a network of coaxial cable lines owned by the Company;
AND WHEREAS the Company has requested the Municipality to
grant to the Company, its successors and assigns, permission and
authority to install, construct, operate and maintain such works on,
under or over highways under the jurisdiction of the Municipality on
the terms and conditions hereinafter set forth;
AND WHEREAS by By-Law passed by the Council of the Municipality,
the Warden and Clerk of the Municipality have been authorized and directed
to execute, seal and deliver this Agreement on behalf of the Municipality;
NOW THEREFORE THIS AGREEMENT WITNESSETH that in consideration of
the sum of TWO DOLLARS ($2.00) now paid by the Company to the Municipality,
the receipt and sufficiency whereof is hereby acknowledged, and in con~
sideration of the performance of the covenants and obligations of the
Company as hereinafter set forth, the parties hereto agree as follows:
l. The consent, permission and authority of the Municipality are
hereby granted, conferred and assured unto the Company, its successors
and assigns to enter upon, re-enter, use and occupy all highways now
or hereafter within the jurisdiction of the Municipality or to which
the Municipality is now or will hereafter be entitled (hereinafter called
the "Licensed Lands") within the geographic boundaries of the Munici-
pality to install, construct, operate, maintain, inspect, alter, repair
renew, remove, replace and reconstruct such works (hereinafter called
"Works") as may be required by the Company for the purpose of trans-
mitting and distributing television, radio and related communications
signals and services throughout the geographic boundaries of the
Municipality. Such Works may be located on, under or over the Licensed
Lands in the manner as may be designated in accordance with the terms
of this Agreement For the purpose of this Agreement such Works shall
.".ÏI
r
2
include all cables, connections, conduits, pedestals, towers, pole~,
apparatus, appliances and attachments necessary or incidental to such
purpose.
2. All Works shall be installed in accordance with good engi~
nee ring and construction practices. The location of all Works shall
be subject to the direction and approval of the Municipality's
Engineer (which term means from time to time such employee of the
Municipality as the Municipality shall have designated as such for the
purposes of this Agreement, or failing such designation, the senior
employee of the Municipality for the time being charged with the ad-
ministration of public works and highways in the Municipality). When-
ever it may be reasonable and practicable such Works shall be installed
along the sides of highways and shall interfere as little as possible
with the use and enjoyment of the Licensed Lands and other works and
improvements located thereon.
3. Except in the event of emergency no excavation, opening or
work which shall distrub or interfere with the surface of any highway
shall be made or done unless a permit therefore has been obtained from
the Municipality's Engineer and all such work shall be done under his
supervision and to his satisfaction.
4. The Company, before beginning any new Works or extensions to
such Works under this Agreement, sav~ and except lateral connections
to the dwellings of subscribers to the Company's services, shall file
with the Municipality's Engineer a plan drawn to scale showing the
Licensed Lands on which it proposes to construct Works, together with
written specifications of such Works. The Company shall provide the
Municipality's Engineer with a revised plan of such Works should there
be any alteration in the plan originally filed with the Municipality's
Engineer.
5. In the event that the Municipality shall deem it expedient
to alter the construction of any work belonging to the Municipality on
the Licensed Lands and in the course of such alteration it shall become
necessary to have the Company make changes in the Company's Works in
order to facilitate such alteration, then upon receipt of reasonable
notice in writing from the Municipal Engineer, the Company shall at
its own expense change its Works in the manner required.
6. The Company shall carry but the work of constructing, repair-
ing, replacing or removing any such Works with all reasonable diligence
so that the Licensed Lands shall not be torn up or obstructed for any
unnecessary period of time. After completion of such work the Company
shall restore the Licensed Lands to the level, grade, condition and
state of covering and repair as existed prior to the commencement of
such work free of obstruction to the satisfaction of the Municipality's
Engineer, save and except the location on the Licensed Lands of struc-
tures being part of such Works In the event that the Company fails
or
~",
,r,
r,
~;
registered mail postage prepaid to
658 Talbot Street,
such other addresses the Company may
.
-
".-
..,+
.....
'C"'_,",C=""'""~-~
Thomas, Ontario,
from time to time designate
----.-
,-
.
,¡¡jj
St
to
registered
mail
Municipal
postage
prepaid
and
to
sending to
Company by delivery
the
or by
Agreement
the
same
Any notice
effectually given
Clerk
may be
the
given under any of
the
to
or by
provisions
Municipality by delivering
the same him by
walks
12
.
to
be
the
of
this
any public
travelled portion
sodded areas
,
a highway
square
over and across
or road allowance and
of such highway but
and all
areas
forming part
shall include
also ditches
include
which a highway
not
of
,
the
driveways,
road allowance
only
located and
the
side-
part
common
of
on
or
is
year of or any renewal
require the removal of any or all of such Works, the Municipality may
remove and dis~ose of so much of the said Works as the Municipal~ty may
require and ne~ther party to this Agreement shall have recourse against
the cost
word
mean
and public highways
and
shall
Agreement
any bridge
forming
11
Whenever
the
expense
'highway
is
occasioned
this
used
in
it
shall
other
for any
loss
,
or
thereby
Works
aforesaid and
from
Notwithstanding
the Licensed Lands the
such Works
renewal
shall
that
require
forthwith upon
Company
the Municipality
the
the
expiry
term
its
should at
of
this
license
any time
the
after a
.
If
the
expiration
should
leave
Company
Works on
such
the
Licensed Lands
shall
provided
deactivate such
Licensed Lands
of
thereof
lapse
one
as
Upon
thereof,
it
,
to remove
its
Works
have
from
right
the
the
Company
shall
the
,
but nothing herein
.
the
Company
expiration
of
Company
shall
the
term
all times
of this
license or any
to
,
at
retain
affixed
title
to
a
be
of
10
twenty years
construed to require
the Licensed Lands
.
that the
hereby
from
the
Company to
s
construct
Works shall
Municipality
This Agreement
any Works
become
on
any part
term
of
granted by the
the hereof
date
shall
not
agents
MUD ipality will
~.. to build
Works
9
firm
of
the
corporati~-
Company's
The
license
shall
be for
or
any
structure
nor permit
structures
or
encasing any
8
The
not
employees
build
,
any other person
,
person
tractors
,
sub-contractors
,
or
put by reason
or property resulting from the
removal or operation by
Licensed Lands
occasioned by Act
,
firm or
corporation
or by the
other
act
than
the Company
,
its servants
,
con-
of
unless
God
,
damage,
neglect
any
injury
or default
expense
of
some
on
the
such
loss
or
is
nance
,
the
Company
construction,
of of
its
Works
located
persons
repair
expense
injury
mainte-
,
on nd pay any reason-
" E .
......L.L'-.t S nglneer
indemnify
and
Municipality
the
which
Municipality maybe
of
any damage or
to
from
Company
and against
all loss
Municip~1'~"
wholly
damage
,
injury
to
at any time comply with the
Municipality may forthwith have
of the Company and the
therefore
expense
able
7
The
account
Company
certified by the
shall
at
all
times
the
r
to
provisions this paragraph 6
such restoration work done at
shall
3
of
t:he
the
I"
!I!
l'I'i,,'
I
"""',..~'
,~
CABLECASTING LIMITED
Clerk
d
Warden
porate
officers
caused
the
Warden
its
and assi ns
IN WITNESS WHEREOF the v
seal to be ,affixed and this
authorized that behalf
to be
and
corporate
Clerk
seal
in
THE CORPORATION OF THE COUNTY OF ELGIN
affixed
respectively
~ompany has hereunto
Agreement signed by its
the Municipality has
this Agreement
and
and
caused
proper
hereunto
signed by
its cor-
hereto
,
their
successors
or any legal
hereinbefore
14
This
Agreement
shall extend to
benefit
passing
this licensing
and bind
the
parties
fee
referred
Company shall
inç,urred by
to and
in
County
the
drafting of
agreement
payor
the
in the
of
County all
the
by-law
receipt
the earlier.
13
The
cause to be paid to the
r'
Any such notice,
date of delivery
business
or
two
if delivered
if mailed,
days
after
on
shall
the
- 4 -
the
day
be
date
deemed
that is
of
mailing
the
to be
day
received
of
,
whichever is
actual
on the
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