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HomeMy WebLinkAbout79-14 , ;, .': e THE CORPORATION OF THE TOWN OF NEWCASTLE By-Law No. 79-14 Being a by-law to provide for the Corporation's consent to Bell Canada constructing its lines upon the highways, streets, bridges and other public places of the Corporation, and to authorize the Director of Public Works to supervise and approve the construction of such lines. WHEREAS Bell Canada is empowered by its Special Act of Incorporation, 43 Victoria, Chapter 67 (Dom.) and amending Acts, to construct, erect and maintain its line or lines of telecommunication and telecommunication plant 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 whether wholly in Canada or dividing Canada from any other country, subject to the terms therein set forth; and WHEREAS sub-section 3 of Section 318 of the Railway Act, R.S.C. 1970, Chapter R-2, provides that no telephone line within the legislative authority of the Parliament of Canada shall, except as therein provided, be constructed 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; and WHEREAS Bell Canada has carried on its business in the former municipalities of the Town of Bowmanville, VillageofNewcastle, Township of Darlington and Township of Clarke now amalgamated as the Town of Newcastle, for a number of years and has established its lines of telecommunications and telecommunication plant upon the public highways, streets, bridges and other public places within the said former municipalities and continues so to do, and will from time to time hereafter require to construct additional lines upon the public highways, streets, bridges, and other such places within the Town of Newcastle for the purpose of its business; and WHEREAS Bell Canada have, by letter, dated the 30th day of August, 1976, requested that all By-laws governing municipal consents be established in a general by-law and that said By-law incorporate the Revisions to the Railway Act. BE IT THEREFORE ENACTED by the Corporation of the Town of Newcastle as a By-law thereof as follows:- e 1. That pursuant to the provisions of Section 318(3) of the Railway Act R.S.C. 1970, Chapter R-2, the said Corporation hereby consents to the construction by Bell Canada of all lines of telecommunication and telecommunication plant heretofore constructed upon, along, across or under the highways, squares, bridges and public places within the said Town of Newcastle over which the said Corporation has jurisdiction in the location and in the manner in which the same have been constructed. .... 2/ '. . . ,/ 2 - By-Law No. 79-14 2. That pursuant to the provlslons of Section 318(3) of the Railway Act, R.S.C. 1970, Chapter R-2, the said Corporation hereby consents to the construction by Bell Canada from time to time hereafter of all such line or lines of telecommunication and telecommunication plant as it requires for the purpose of its business upon, along, across or under any or all of the highways, squares, bridges or public places within the said Town of Newcastle under the jurisdiction of this corporation; provided, however, that the construction of all such lines and plant by Bell Canada shall be done in accordance with the said Company's standards of construction from time to time in force and effect; and provided further that the location of all such lines and plant hereafter constructed, or of existing lines which may hereafter be relocated, and the opening up of streets, squares, bridges or other such public places for the erection of poles or the carrying of wires underground, shall be subject to the supervision of the Director of Public Works of the Corporation from time to time being, whose written approval of locations of such lines and plant and whose certificates as to supervision shall be valid and binding upon the Corporation. 3. Upon obtaining the consent of the abutting landowners, the Company may, with the approval and under the supervision of the said Director of Public Works, trim all trees growing or standing upon the highways of the Corporation so as to keep such lines and plant free from interference therewith. 4. The Clerk of the said Corporation is hereby authorized and directed to certify from time to time under the Seal of the Corporation to Bell Canada the appointment and the name of the Corporation's Director of Public Works authorized to act under this By-law. 5. And be it further enacted that in the event of the Director of Public Works or other properly qualified body or person deeming it necessary to request the Company to move, alter or rearrange such lines and plant for the purpose of widening, improving or relocating a highway of the Corporation, or for any other purpose, the Director of Public Works may give to the said Company an order to do such work as he deems necessary; and he may enter into an agreement with the said Company for the payment of the whole or any portion of the cost of the said work by the Corporation, and any such agreement entered into by the said Director of Public Works shall be valid and fully binding upon the said Corporation, provided that the amount of the cost to be borne by the Corporation under the terms of the said agreement shall not exceed the sum of $2,500.00. 6. That the following By-laws be and the same are hereby repealed. By-Law No. 1320 of the former Town of Bowmanville By-Law No. 68-14 of the former Village of Newcastle By-Law No. 1069 of the former Township of Clarke By-Law No. 1037 of the former Township of Darlington. . . .. 3/ . . . . - 3 - By-Law No. 79-14 Read a first and second time this 12th day of February, 1979. /'- /1 / G.B. Rickard. fr;:::J h~~ '" Mayor J .M. McIlroy Clerk ~3~ . Read a third time and passed this ~h day f February, 1979. ~. -;~~rRiokU8'~ JJ- ...6""", J .M. McIlroy Clerk ~