HomeMy WebLinkAbout24 015 - Municipal Access Agreement BMTS By-lawTHE CORPORATION OF THE MUNICIPALITY OF KINCARDINE
A
NO. 2024 — 015
Being a By-law to Authorize a Municipal Access Agreement with
Bruce Telecom
Whereas Section 8 (1) and 9 of the Municipal Act, 2001, S.O. 2001, c. 25, as
amended, provide that the powers of a municipality under this or any other Act shall
be interpreted broadly so as to confer broad authority on the municipality to enable
the municipality to govern its affairs as it considers appropriate and to enhance the
municipality's ability to respond to municipal issues and has the capacity, rights,
powers and privileges of a natural person for the purpose of exercising its authority
under this or any other Act; and
Whereas Bruce Telecom is a Canadian carrier, and in order to operate as a
Canadian carrier or distribution undertaking, Bruce Telecom requires to construct,
maintain and operate its transmission facilities including but not limited to wires,
fibre -optic cables, ducts, conduits, manholes and other accessories, structures and
equipment in, on, over, under, along or across highways, streets, road allowances,
lanes, brides, tunnels, viaducts and other ways open to public use within the
jurisdiction of the service corridors.
Whereas The Corporation of the Municipality is the public authority having
jurisdiction over the Service Corridors in the Municipality of Kincardine; and
Whereas Council of The Corporation of the Municipality of Kincardine deems it
advisable to enter into a Municipal Access Agreement with the owners of Bruce
Telecom; now therefore be it
Resolved that the Council of The Corporation of the Municipality of Kincardine
Enacts as follows:
That The Corporation of the Municipality of Kincardine enter into a Municipal
Access Agreement with the owners of Bruce Telecom, in accordance with
the terms and conditions outlined in the Agreement attached hereto as
Schedule Wand forming part of this By-law.
2. That the Mayor and Clerk be authorized to sign and execute, on behalf of
The Corporation of the Municipality of Kincardine, the Agreement with Bruce
Telecom.
3. That this By-law shall come into full force and effect following the execution
of the Share Purchase Agreement with the Purchasers of Bruce Telecom.
4. That this By-law be cited as "Municipal Access Agreement -Bruce Telecom
By-law".
Read a First, Second and Third Time and Finally passed this 14th day of
February, 2024.
Kenneth Craig
Signed with ConsignO Cloud (2024/02/16) e '
Verify with verifi0 com or Adobe Reader.
Mayor
Jennifer Lawrie
Signed with ConsignO Cloud (2024/02/16) a
Verify with veriflo.com or Adobe Reader.
Clerk