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810.1.1 BELL CANADA 810.1.3 <br /> AND WHEREAS Bell Canada has carried on its business in the City of <br /> Kitchener.for a number qfyears and has established its lines of telegraph <br /> and telephone upon the highways,squares and other public places within <br /> the said City and continues so to do, and will from time to time hereafter <br /> require to construct additional lines of telegraph or telephone upon the <br /> highways, squares and other public places within the said City for the <br /> purposes of its business. <br /> Article I <br /> TELEGRAPH - TELEPHONE LINES <br /> 810.1.1 Consent-line-heretofore constructed <br /> Thatpursuarnto Section 318.(3)oftheRailwayAct,R.S.c.234,theCityof <br /> Kitchener hereby consents to the construction by Bell Canada of all lines of <br /> telegraph or telephone heretofore constructed upon,along,across or under <br /> the highways, squares, and other public places within the said City over <br /> which the City has jurisdiction in the location and in the manner in which the <br /> same have been heretofore constructed.By-law 88-212-17 October, 1987. <br /> 810.1.2 Consent-construction-future <br /> That pursuant to Section 318.(3)of the Railway Act, the City of Kitchener <br /> hereby consents to the construction by Bell Canada from time to time hereaf- <br /> ter of all such lines of telegraph or telephone as it requires for the purposes of <br /> its business upon,along,across or under any highway,square or other public <br /> place within the said City under the jurisdiction of the City.Provided,how- <br /> ever,that the construction of all such lines by Bell Canada shall be done in <br /> accordance with its standards of construction from time to time in force and <br /> effect;and provided further that the location of all such lines to be hereafter <br /> constructed, or of existing lines which may be hereafter relocated,and the <br /> opening up of any highway,square or other public place for the erection of <br /> poles or the carrying of wires underground,shall be subject to the supervi- <br /> sion of the City's Director,Engineering Services from time to time being, <br /> whose written approval of locations of lines and whose certificates as to <br /> supervision shall be valid and binding upon the City. <br /> 810.1.3 Consent-lands not yet dedicated to public use <br /> The rights granted to Bell Canada by Section 810.1.2 may be exercised in re- <br /> spect of lands owned by the City of Kitchener and not yet dedicated for pub- <br /> lic use subject to the conditions therein set out and subject to the approval of <br /> the City's Director, Engineering Services who shall not give his/her ap- <br /> proval if he/she has reason to believe and does believe that the use by Bell <br /> Canada of such lands will be incompatible with the use proposed therefor by <br /> the City, or in the case of surplus lands,the disposal thereof. <br /> APRIL 2011 810.2 KITCHENER <br />