HomeMy WebLinkAboutKIN 95 082 PUC Tree Trim/Remove
e
e
e
e
-
THE CORPORATION OF THE TOWN OF KINCARDINE
BY-LAW
BY-LAW NO. 1995-82
A BY-LAW TO AUTHORIZE THE SIGNING OF A TREE TRIMMING/REMOVAL
AGREEMENT WITH THE KINCARDINE PUBLIC UTILITIES COMMISSION.
WHEREAS the Council for The Corporation of
Town of Kincardine deems it advisable to enter into
trimming and removal agreement with the Kincardine
Utilities Commission.
the
a tree
Public
NOW THEREFORE the Council for The Corporation of the Town
of Kincardine ENACTS as follows:
1.
That The Corporation of the
an agreement with the
Commission for the trimming
to protect the integrity of
Town of Kincardine enter into
Kincardine Public Utilities
and removal of trees in order
the grid.
2.
That the mayor and clerk be authorized to sign, on behalf
of The Corporation of the Town of Kincardine, the
agreement with the Kincardine Public Utilities Commission
which is attached to this by-law and to affix the Town's
Corporate seal as and when required.
3 .
This by-law shall come into full force and effect upon
its final passage.
4. This by-law may be cited as the "PUC Tree Trimming
and Removal Agreement By-law".
READ a FIRST and SECOND time this 7th day of December, 1995.
READ a THIRD time and FINALLY PASSED this 21st day of December,
1995.
~~~
Mayor
... - ¡,'"
.
.
.
.
AGREEMENT
THIS ~ made this 7th day of December, 1995.
BET WEE N:
THE CORPORATION OF THE TOWN OF
KINCARDINE
(hereinafter called the "Town")
- and -
KINCARDINE PUBLIC UTILITIES COMMISSION
(hereinafter called the "Commission")
WHEREAS the Town desires that adequate and reliable
electric service be maintained for its residents;
AND WHEREAS the management and control of the works
associated with the delivery of electric service within the
Town is vested in the Commission;
AND WHEREAS
and equipment, the
and remove certain
in order to properly maintain its lines
Commission must, from time to time, trim
trees situated on public lands;
NOW THEREFORE WITNESSETH that in consideration of the
agreements hereinafter set forth, the parties hereto agree
as follows:
1. For the purposes of this Agreement:
(a) "trim" means trim, prune, or cut;
(b) "remove" means complete removal of the tree;
(c) "lines" includes lines, conduits, pipes, wires,
poles, rods, cables, transformers, machinery,
apparatus, devices, appliances, equipment,
materials, structures or works which are owned,
installed or controlled by the Commission or in
respect of which the Commission has a right or
obligation of maintenance or repair.
2. The Commission and its employees, servants, agents and
contractors are hereby authorized to enter upon any
roads, highways or other public lands owned or
controlled by the Town and to trim any trees, shrubs,
bushes or other form of vegetation growing thereon for
the purpose of clearing and maintaining lines.
3.
If the Commission, in its expertise, determines that a
mature tree requires complete removal, the Commission
shall consult with the Town's Manager of Public Works
prior to removing the tree. Should a difference of
opinion arise as to whether or not the tree should be
removed, the Town shall make the final decision. The
Town agrees that safety shall be the main
consideration in making such a decision. The Town
accepts all liability in the event of the Town's
decision to not remove a tree if the Commission has
recommended it.
.. ./2
,-. ,
-2-
The Commission shall indemnify and save harmless the
Town from all claims made by third persons in respect
of such entry for trimming. The Town shall promptly
notify the Commission of the making of any such
claims, and the Commission shall have the full and
exclusive right to defend and settle such claims, and
the Commission may defend such claims in the name of
the Town, if necessary.
.
4.
IN WITNESS
Agreement.
\",\cÞf"'O ~ InÐ y-
WHEREOF the parties have executed
Dated at Kincardine, Ontario this ~\~~
, 1995.
this
day of
.
.
.
) THE CORPORATION OF THE TOWN
) OF KINCARDINE:
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
~~~v--
Mayor - Charles W. Mann
~ture
KINCARDINE PUBLIC UTILITIES
COMMISSION:
--...;..-..,."'"......-.;.,"-..,.,
~~ ~- >'"
_. ...\.."~.'-"::;'
"- ._4_.._......,;
--.....:.¥'
. -
~.
.;.