89-31
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 the Agreement aforesaid and to affix the corporate seal
thereto
2. Such right or license shall be subject to all the terms
and conditions set out in an agreement to be entered into between
the Corporation of the County of Elgin and the Company in pursu-
ance of this By-Law, which Agreement shall be in the form hereunto
attached
1. The consent, permission and authority of the Corporation
of the County of Elgin be and the same are hereby granted, con-
ferred and assured unto the Company, its successors and assigns
for a term of twenty years to enter upon, re-enter, use and occupy
all highways now or hereafter within the geographic boundaries of
the Village of Port Burwell and over which the Corporation of the
County of Elgin has jurisdiction 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 (herein-
after called "Works") as may be required by the Company for the
purpose of transmitting and distributing television, radio and
related communications 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 designated in accordance
with the terms of the Agreement annexed hereto. For the purpose
of this By-Law and the said Agreement such Works shall include all
cables, connections, conduits, pedestals, towers, poles, appara-
tus, appliances and attachments necessary or incidental to such
purpose
BE IT THEREFORE ENACTED by the Municipal Council of
Corporation of the County of Elgin AND IT IS HEREBY ENACTED as
follows:
the
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 within the
Village of Port Burwell works required for the transmission and
distribution of television, radio and related communications sig-
nals and services transmitted through a network of coaxial cable
lines owned by the Company and
CALLED THE
'MUNICIPALITY
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PORTION OF THE
MUNICIPALITY OF THE COUNTY OF ELGIN
(
HEREINAFTER
RADIO AND RELATED COMMUNICATIONS SIGNALS AND SERVICES WITHIN A
ASSIGNS
REQUIRED
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FOR
INSTALL CONSTRUCT
THE TRANSMISSION AND
OPERA1E AND MAINTAIN WORKS
DISTRIBUTION OF TELEVISION
)
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THE
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COMPANY
AND WHICH TERM SHALL
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'A BY-LAW TO AUTHORIZE 01
COUNTY OF ELGIN
BURLINGTON
By-Law No
RURAL
TELEVISION
ONTARIO
89-3
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CABLE SYSTEMS
HEREINAFTER
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C. Leverton,
Clerk
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4. This By-Law shall come into force and take effect
immediately after an Agreement in the form hereunto annexed
have been executed by all the parties thereto
2
third
first time this 21st day of ,;rune
second time this 21st day of June
time and finally passed this
21st day of June
1989
1989
1989
shall
------~
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THIS AGREEMENT made the 28th day of June 1989
BETWEEN :
THE CORPORATION OF THE COUNTY OF ELGIN
hereinafter called the "Municipality"
of the FIRST PART
- and -
01 RURAL TELEVISION CABLE SYSTEMS INC.
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
Village of Port Burwell for the purpose of transmitting, distri-
buting and selling television, radio and related communications
signals and services transmitted 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 in the
Village of Port Burwell 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 consideration of the performance of the coven-
ants and obligations of the Company as hereinafter set forth, the
Parties hereto, agree as follows:
1. The consent, permission and authority of the Municipality are
hereby granted, conferred and assured unto the Company, its succes-
sors and assigns to enter upon, re-enter, use and pccupy all
highways now or hereafter within the Village of Port Burwell over
within the geographic boundaries of the Village of Port Burwell to
install, construct, operate, maintain, inspect, alter, repair,
renew, remove, replace and reconstruct such works (hereinafter
called "'works II ) as may be required.by the Company for the purpose
of transmitting 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 include all cables, connections,
conduits, pedestals, towers, poles, apparatus, appliances and
attachments necessary or incidental to such purpose.
2. All Works shall be installed in accordance with good engineer-
ing 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 administration of public works and highways in the
Municipality) . Whenever 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 disturb 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, save and except lateral connec-
tions to the dwellings of subscribers to the Company's se,rvices,
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 out 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 structures being part of such
Works. In the event that the Company fails at any time to comply
with the provisions of this Paragraph 6, the Municipality may
forthwith have such restoration work done at the expense of the
Company and the Company shall on demand pay any reasonable account
therefore certified by the Municipality's Engineer.
7. The Company shall at all times wholly indemnify the
Municipality from and against all loss, damage, injury and expense
to which the Municipality may be put by reason of any damage or
injury to persons or property resulting from the construction,
repair, main,tenance, removal or operation by the Company of any of
its Works located on the Licensed Lands unless such loss, damage,
injury or expense is occasioned by Act of God or by the act,
neglect or default of some person, firm or corporation other than
the Company its servants contractors sub-contractors agents or
emi>loyees
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8 The Municipality will not build, nor permit any other person
firm or corporation to build any structure or structures encasing
any of the Company's Works.
9. The license hereby granted by the Municipality shall be for a
term of TWENTY (20 ) Years from the date hereof. This Agreement
shall not be construed to require the Company to construQt any
Works on any part of the Licensed Lands.
10. Notwithstanding that the Company's Works shall become affixed
to the Licensed Lands, the Compapy shall at all times retain title
to such Works. Upon the expiration of the term of this license or
any renewal thereof, the Company shall have the right, but nothing
herein shall require it, to remove its Works from the Licensed
Lands; provided that forthwith upon such expiration the Company
shall deactivate such Works. If the Company should leave its Works
on the Licensed Lands as aforesaid and the Municipality should at
any time after a lapse of ONE ( 1 ) year from the expiry of the term
of this license or any renewal thereof require the removal of any
or all of such Works, the Municipality may remove and dispose of so
much of the said Works as the Municipality may require and neither
Party to this Agreement shall have recourse against the other for
any loss, cost or expense occasioned thereby.
1l. Whenever the word "highway" is used in this Agreement it shall
mean common and public highways and shall include any bridge form-
ing part of a highway on or over and across which a highway is
located and any public square or road allowance and shall include
not only the travelled portion of such highway, but also ditches,
driveways, sidewalks, sodded areas and all areas forming part of
the road allowance.
12. Any notice to be given under any of the provisions of this
Agreement may be effectually given to the Municipality by deliver-
ing the same,to the Municipal Clerk or by sending the same to him
by registered mail postage prepaid; to the Company by delivery or
by registered mail postage prepaid to:
950 Syscon Road, Burlington, Ontario L7L 5S2
or such addresses the Company may from time to time designate. Any
such notice if delivered shall be deemed to be received on the
date of delivery if mailed on the day that is the day of actual
receipt or TWO (2 business days after the date of mailing, which-
ever is the earlier.
B. This Agreement shall extend to, beriêfit and bind the Parties
hereto, their successors and a,ssigns respectivély.
IN WITNESS WHEREOF the Company has hereunto caused its corporate
seal to be affixed and this Agreement signed by its proper officers
authorized in that behalf and the Municipality has hereunto caused
its corporate seal to be affixed and this Agreement signed by the
Warden and the Clerk
THE CORPORATION OF THE COUNTY OF ELGIN
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Warden
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Clerk
01 RURAL TELEVISION CABLE SYSTEMS INC
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