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Home My WebLink About15 037 Coast FM Water Tower Agreement Amendment (2015) By-law THE CORPORATION OF THE MUNICIPALITY OF KINCARDINE KBT _eta • • LIlY �R H��PA OF 0," O BY -LAW NO. 2015 - 037 BEING A BY -LAW TO AMEND BY -LAW NO. 2006 — 038 BEING A BY -LAW TO AUTHORIZE THE SIGNING OF AN AGREEMENT WITH 1191827 ONTARIO INC. (THE COAST FM) TO FACILITATE THE PLACEMENT OF ANTENNAS ON THE WARD 1 WATER TOWER WHEREAS Sections 8 (1) and 9 of the said Municipal Act, 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 a municipality 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 with the passage of By -law No. 2006 — 038 the Council of The Corporation of the Municipality of Kincardine entered into an agreement with 1191827 Ontario Inc. (The Coast FM) to facilitate the placement of antennas on top of the Municipality of Kincardine Ward 1 Water Tower in order to accommodate radio broadcasts from the Municipality; AND WHEREAS with the passage of By -law No. 2009 -174 the Council of The Corporation of the Municipality of Kincardine assigned the said agreement, formerly with 1191827 Ontario Inc. (The Coast FM), to 2079966 Ontario Limited (My Broadcasting Corporation); AND WHEREAS 2079966 Ontario Limited has requested to install a standby generator at Kincardine Municipal Water Tower; NOW THEREFORE he Council of The Corporation of the Municipality of t po p y Kincardine ENACTS as follows: 1. That Schedule "A ", Section 1 of By -law No. 2006 -038 be amended by removing "The Coast FM at, or by delivering in person to Chief Administration Office, (Companies Branch, Ministry of Consumer and Commercial Relations) of the Coast FM" and replacing it with "My Broadcasting Corporation at MY Broadcasting Corporation, 321 B Raglan Street South P.O. Box 961 Renfrew ON K7V 4H4 c/o the Vice President." 2. That Schedule "A ", Section 2 of By -law No. 2006 -038 be amended to include: My Broadcasting Corporation may further use a lmetre x 4 metre space located inside the fenced area at the water tower in the south east corner for a self contained, air cooled, Propane fuelled, Eleven Kilowatt Genrac • generator for standby power and the installation of buried cable from the above noted generator to the auto transfer switch (approximate size is .5m x.5m) located in the tower control building. The standby power package shall not interfere with any existing works and further My Broadcasting Corporation is fully responsible for the fueling, operation, maintenance and Page 2 Coast FM Water Tower Agreement Amendment (2015) By -law By -law No. 2015 - 037 testing to meet all applicable standards. The exact location of all • equipment to be approved by the Director of Public Works. 3. That the Mayor and Chief Administrative Officer be authorized and directed to execute, on behalf of the Council of The Corporation of the Municipality of Kincardine, the lease agreement with 2079966 Ontario Limited (My Broadcasting Corporation) attached hereto as Schedule 'A' and to affix the corporate seal. 4. That this by -law shall come into full force and effect upon its final passage. 5. That this by -law may be cited as the "Coast FM Water Tower Agreement Amendment (2015) By -law ". READ a FIRST and SECOND TIME this 18 day of March, 2015. READ a THIRD TIME a • FINALLY PASSED this 18 day of March, 2015. N AMCL.1%2 4 4.1g0.14 age D; • uty Mayor Clerk • • 2079966 Ontario Limited (My Broadcasting Corporation) Water Tower Agreement By -law This AGREEMENT made this / g day of O46(rc_ti 2015. BETWEEN: THE CORPORATION OF THE MUNICIPALITY OF KINCARDINE Hereinafter called the "Municipality" of the First Part -and - 2079966 Ontario Limited (My Broadcasting Corporation) Hereinafter called the "My Broadcasting Corporation "" of the Second Part WHEREAS the Municipality of Kincardine owns and operates a water tower for the Municipal water system on the property being: i) Roll number 41 08 220 003 10401, P61 Pt lots o & T P3R3680 part 3 RP 3R3885; AND WHEREAS with the passage of By -law No. 2006 — 038 the Council of The Corporation of the Municipality of Kincardine entered into an agreement with 1191827 Ontario Inc. (The Coast FM) to facilitate the placement of antennas on top of the Municipality of Kincardine Ward 1 Water Tower in order to accommodate radio broadcasts from the Municipality; AND WHEREAS with the passage of By -law No. 2009 -174 the Council of The Corporation of the Municipality of Kincardine assigned the said agreement, formerly with 1191827 Ontario Inc. (The Coast FM), to 2079966 Ontario Limited (My Broadcasting Corporation); AND WHEREAS My Broadcasting Corporation has requested to install a standby generator at Kincardine Ward 1 Water Tower; NOW THEREFORE THIS AGREEMENT WITNESSETH THAT the parties hereto agree as follows: 1. That Schedule "A ", Section 1 of By -law No. 2006 -038 be amended by removing "The Coast FM at, or by delivering in person to Chief Administration Office, (Companies Branch, Ministry of Consumer and Commercial Relations) of the Coast FM" and replacing it with : "My Broadcasting Corporation at MY Broadcasting Corporation, 321B Raglan Street South P.O. Box 961 Renfrew ON K7V 4H4 c/o the Vice President." 2. That Schedule "A ", Section 2 of By -law No. 2006 -038 be amended to include: My Broadcasting Corporation may further use a 1 metre x 4 metre space located inside the fenced area at the water tower in the south east corner for a self contained, air cooled, Propane fuelled, Eleven Kilowatt Genrac generator for standby power and the installation of buried cable from the above noted generator to the auto transfer switch (approximate size is .5m x.5m) located in the tower control building. The standby power package shall not interfere with any existing works and further My Broadcasting Corporation is fully responsible for the fueling, operation, maintenance and testing to meet all applicable standards. The exact location of all equipment to be approved by the Director of Public Works. i In Witness Whereof the parties hereto have signed under the hands of their proper officers duly authorized in that behalf. 1 The Corporation oft' 'Municip lity of Kincardine /! / �� Date: 2 r rG Gz 2 6 /Z�i _5 : 7. , - - -'10.7 bet, i.n4-yr j <ccc ,.4 i e FCzv. ei:f `U� c Date: r vas+ t,k. o )o i. 5 GAG-Mtiffay-Glarke ooff.v_ /- tac. --1C We have the authority to bind the Corporation 2079966 O i�irrpite (M adcasting Corporation) I ( . Date: March 4. 2015 Vice President, An w Dickson I have the authority to bind the Corporation Witness Print Name:Q -00, 4 - 0 —/ Signature; /./ / 1 i I ■