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HomeMy WebLinkAboutChapter 810 - Bell Canada STREET Chapter 810 BELL CANADA Article I TELEGRAPH - TELEPHONE LINES 810.1.1 Consent- line-heretofore constructed 810.1.2 Consent- construction - future 810.1.3 Consent- lands not yet dedicated to public use 810.1.4 Authorized representative- named Article 2 RELOCATION 810.2.1 Order- to do work- agreement- cost WHEREAS Bell Canada is empowered by its 1880 Special Act ofIncor- poration,43 Victoria, Chapter 67(Dom.),as amended, to construct,erect and maintain its telecommunication lines 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 Section 318. (3)the Railway Act,R.S. c. 234,provides that no telephone or telegraph line, within the legislative authority of the Parliament of Canada shall, except as thereinafter in such section pro- vided, be constructed by any company upon, along, across or under any highway, square or other public place, without the legal consent of the municipality having jurisdiction over such highway, square or public place; KITCHENER 810.1 JANUARY 2002 810.1.1 BELL CANADA 810.1.3 AND WHEREAS Bell Canada has carried on its business in the City of Kitchener.for a number qfyears and has established its lines of telegraph and telephone upon the highways,squares and other public places within the said City and continues so to do, and will from time to time hereafter require to construct additional lines of telegraph or telephone upon the highways, squares and other public places within the said City for the purposes of its business. Article I TELEGRAPH - TELEPHONE LINES 810.1.1 Consent-line-heretofore constructed Thatpursuarnto Section 318.(3)oftheRailwayAct,R.S.c.234,theCityof Kitchener hereby consents to the construction by Bell Canada of all lines of telegraph or telephone heretofore constructed upon,along,across or under the highways, squares, and other public places within the said City over which the City has jurisdiction in the location and in the manner in which the same have been heretofore constructed.By-law 88-212-17 October, 1987. 810.1.2 Consent-construction-future That pursuant to Section 318.(3)of the Railway Act, the City of Kitchener hereby consents to the construction by Bell Canada from time to time hereaf- ter of all such lines of telegraph or telephone as it requires for the purposes of its business upon,along,across or under any highway,square or other public place within the said City under the jurisdiction of the City.Provided,how- ever,that the construction of all such lines by Bell Canada shall be done in accordance with its standards of construction from time to time in force and effect;and provided further that the location of all such lines to be hereafter constructed, or of existing lines which may be hereafter relocated,and the opening up of any highway,square or other public place for the erection of poles or the carrying of wires underground,shall be subject to the supervi- sion of the City's Director,Engineering Services 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 City. 810.1.3 Consent-lands not yet dedicated to public use The rights granted to Bell Canada by Section 810.1.2 may be exercised in re- spect of lands owned by the City of Kitchener and not yet dedicated for pub- lic use subject to the conditions therein set out and subject to the approval of the City's Director, Engineering Services who shall not give his/her ap- proval if he/she has reason to believe and does believe that the use by Bell Canada of such lands will be incompatible with the use proposed therefor by the City, or in the case of surplus lands,the disposal thereof. APRIL 2011 810.2 KITCHENER 810.1.4 BELL CANADA 810.2.1 810.1.4 Authorized representative-named The City Clerk is hereby authorized and directed to certify from time to time to Bell Canada the name of the City's Director,Engineering Services autho- rized to act under this Chapter. Article 2 RELOCATION 810.2.1 Order-to do work- agreement-cost In the event City Council deems it necessary to request Bell Canada to move, alter or re-arrange its line or lines of telegraph or telephone for the purpose of widening, improving or relocating a highway of the City or for any other purpose,the City's Director,Engineering Services may give to Bell Canada an order to do such work as he/she deems necessary;and he/she may enter into an agreement with Bell Canada for the payment by the City of a portion of the cost of labour employed in such work and any such agreement entered into by the City's Director, Engineering Services shall be valid and fully binding upon the said City. By-law 88-212, 17 October, 1987; By-law 97-140, 15 September 1997; By-law 2001-224, 26 November, 2001; By-law 2011-047,28 March,2011. KITCHENER 810.3 APRIL 2011