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<br />THE CORPORATION OF THE COUNTY OF ESSEX
<br />BY -LAW NUMBER 2085
<br />A BY -LAW TO AUTHORIZE THE TELONTARIO INCORPORATED
<br />TO ERECT AND MAINTAIN POLES, CABLES, DUCTS, WIRES
<br />OR OTHER STRUCTURES OR EQUIPMENT IN, UPON, OVER
<br />OR UNDER THE HIGHWAYS, LANES AND SQUARES UNDER THE
<br />JURISDICTION OF THE SAID CORPORATION.
<br />WHEREAS Telontario Incorporated, hereinafter called
<br />the " Telepnone Company" has requested the Council of the Corporation
<br />to permit it to use any nighway, square or lane under the jurisdiction
<br />of the said Corporation for placing in, upon, over or under the same
<br />poles, cables, ducts, wires or other structures or equipment, whether
<br />constructed by the Telephone Comapny or purchased by it and it is deemed
<br />expedient to grant the request of the said Telephone Company subject to the
<br />approval of the Ontario Telephone Service Commission being had thereto.
<br />BE IT THEREFORE ENACTED by the Council of the Corporation
<br />and it is hereby enacted as follows, that is to say:
<br />1. THAT the Telephone Company be and is hereby authorized and
<br />empowered to use any highway, square or lane under the jurisdiction of
<br />the said Corporation for placing in, upon, over or under the same poles,
<br />cables, ducts, wires or other structures or equipment and to maintain in
<br />their present location on such highway, square or lane any poles, cables,
<br />ducts, wires or other structures purchased by the Telephone Company.
<br />2. THAT the use of such highway, square or lane as aforesaid
<br />shall not interfere with any works or structures of the Corporation now
<br />located thereon or thereunder.
<br />3. THAT the said poles, cables, ducts, wires or other structures
<br />or equipment shall be so constructed, erected and maintained so as to not
<br />interfere with the public right of travelling on or using said highway,
<br />square or lane.
<br />4. THE opening of such highway, square or lane for the plac-
<br />ing the said poles, cables , ducts, wires or other structures or equipment
<br />shall be subject to the supervision of the County Roads Engineer, and
<br />such highway, square or lane shall, without any unnecessary delay, be
<br />restored, as far as possible, to its former condition by and at the expense
<br />of the Telephone Company.
<br />5. THAT the Telephone Company shall indemnify the Corporation
<br />against any actions or claims for damages which may be brought against
<br />the Corporation for or by reason for theconstruction, operation and main-
<br />tenance of the said works, except where such actions or claims for damages
<br />are the result of the negligence of the Corporation, its servants or
<br />agents.
<br />6. WHERE in the course of constructing, reconstructing, changing,
<br />altering or improving any highway, square or lane under the jurisdiction
<br />of the Corporation it becomes necessary to take up, remove or change the
<br />location of any such poles, cables, ducts, wires or structures or equipment,
<br />the terms and conditions of The Public Service Works on Highways Act(R.S.O.
<br />1970, Chapter 388) and any amendments thereto shall apply.
<br />7. THAT this By -law shall come into force upon receiving the
<br />approval of the Ontario Telephone Service Commiss�i / n.
<br />ENACTED AND FINALLY PASSED this v{b day of ,1973.
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