HomeMy WebLinkAbout06/28/1966 (Special Meeting)
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Page 8 -,
Council Meeting ~une 7, 1966; oontinued:.~
(v) No aocessory building shall be located within (3) three feet
,of the Duilding to whieh it is acoessory, or wi thin (6) six'
feet of any required window lig~ting a habitable room, nor
exceed one storey in height or (1,) fifteen feet above
ground leveL The foundations shall be' a minimum of (2) two
fe,et and the eave projec ti'on a niinimum of (18) eighteen
inches from t"he lot line.
(vi) No single family one storey dwelling shall have a:-li'virrg
space ground floor area of less than seven hundred and twenty
(720) sq. ft. and no storey and a half or two storey building
shall have a living space floor area of less than eleven
hundr.ed (1100) sq. ft. and each family unit in any multi-uni,t
dwelling shall have .not less than seven hunfrred and twenty
(720) sq. ft. floor spaoeper family unit.
(vii) Nothing .in this by-law shall be oonstrued to permit the use
of any land for arrypurpose, that creates, or is likely to
become a m.uisance or offentsi ve, by the creation of noise or
vibration or by reason of the emission of gas, fumes, dust
or objeotionable odours or by reason of the unsightly storage
of goods, wares, merchandise, salvage, refuse matter or other
material.
Nothing in this by-law shall operate to relieve any person from the
obligation to comply with the requirements of any other by-law of the
Township of Clarke in force from time to time, of the obligation to
obtain any licence, permit authority or approval required under any
by-law of the Township of Clarke or any other government agency.
penal~:
y person convicted of a breach of the provisions of this .By-Law
shall forfeit and pay, at the discretion or the convicting magistrate
a penalty not exceeding the sum of $300.00 for each offense,
exclusive of .oosts. ..
This by-law shall come into force and take e1'fect on the day it
is passed by Counoil, subjeot to the approval of ~he Ontario
Munioipal Board. " .
THAT By-Laws No. 1510 and No. 1,14 be and are hereby repealed.
Resolution No. 117: Moved by O. Falls, seconded by L. A. Perrault:
This Counoil hereby adjourn to meet agaih on Tuesday ~uly " 1966
at 10 a.m. in the Counoil 'Chamber at Orono or otherwise at the call
of the Reeve. - parri~d. '
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Clerk. .
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Reev~
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"1AJ
SPECIAL MEETING OF THE COUNCIL
OFt THE ~rOWNSHIP OFCLA1UCE.
J"une' 28, 1966, .et 10 a.m.
Oouncil Chamber, Orono.
Present: Reeve ~.W.Stone
Deputy Re~ve L.A. Perrault
Councillor.R.G.Chater-
Couhcil.lor O.B. Falls
Councillor Lloyd Lowery -,
Clerk H.E.Millson
Special meeting of Councll ~~s, called by Reeve John W. Stone to
consider the following business on ~and.
Messrs. '.Charles World and Mark Wolnik, representfJ,ti ves. of
Consumer' & f}as _ Co., ap:geared before 'Oouncil to request the passing
of the Franchise By-law. This business was referre~ to By-law.
. Mr. E.R. Woodyard, Chairman of the Polioe Truste~s of, the Police
Village of Orono disoussed certain matters concerning the interests
of the Police Trustees with Counoil. .
yrr. Lawrenoe. Greenwood, Chairman of the Board of' Trustees of the
Townshin School Area of Clarke, met with Council to discuss a request
for an ~dvance on current levy and the subject .of olosed school
buildings. This business was referred to Resolutions.
Page 2 -
Speoial Meeting ~une 28, 1966: .continued: ,
The following correspondenoe was read out by Reeve ~.W.Stone:
1. Trustees of Police Village of Orono Resolution No. 66-71 dated
June 27, 1966, requesting Council to amend the Garbage By-law. - The
Clerk was instructed to prepare the necessary By-law for consideration
of Council on ~uly .5th.
2. Lovekin & Stubington re M.W.A.P. No. 1 optiotr agreement with
Mr. Andrew Thompson for lands in part Lot 8, Con. 8, Clarke.
3. Mr. C. A. Holmes re Inspector's Warrant for the nayment of looal
levy for Public School purposes.
4. Township School Area of Clarke request for advance on 1966 .- ,
Tax levy.
.5. MacDonald & Zimmerman, Barristers & Solicitors for the
ConsumerS,", Gas Co., re order of the Onta~rio Energy Board.
The following resolutions were passed:
Resolution No. 118: Moved by L.A.Perrault, seoonded by R.G.Chater:
Wltn rererence ~ the request of the Townshiu School Area of Clarke
for an advance in the amount of $4{3, 000.00 on the 1966 Tax levy and in
respect to the warrant issued by the Inspector of Public Schools in
accordance wi th the provisions of Sect10n 69 of The Public Schools Aot,
this council hereby a~t~orize the treasurer to pay the said. advanoe to the
said Townshi u School Are'a of Clarkeanc1 direct the Canadian Imuerial ~ank
of CO':'1merce at Orono to loan the total principal amount of the~said advance
under By-law No. 1500 of this municipality and charge the interest thereon
as a debit to the Townshi~ School Area of Clarke up to and including
November 15, 1966. The said Township School Area of Clarke shall be
given tpe opportunity to reduce the said principal a~ount of loan
on hand and thereby the interest charges acoordingly at any time the
said principal on loan is reduoed during the period the said loan is
in effect as aforementioned.
The tre~surer is authorized to refer a certified copy of this
resolution to Mr. H. R.Best, Sec'retary-Treasurer of the Township School
Area. of Clarke and Mr. R.D1okson, Manager of the Canadian Imperial Bank
of Commerce at Orono. - Carried.
Resolution No. 119: Moved by L.A.Perrault, seconded by R.G.Chater:
~esolve that the following payment be and is hereby authorized
by the signing .off.icers on behalf of 'thi s Council:'
Ad~itional payment under Gen~ral Voucher No.6 tor ~une 1966
in the total amount of $43,000.00. - Carried.
Resolution No. 120: Moved by O.H.Falls, seconded by L. Lower~: .
Resolve that Resolution No. 107 dated June '7, 1966, b& and is
hereby rescinded.
A certified copy of tl1is resolution be referred to Mr. H. R.Best,
Secretary-Treasurer of the Board of Trustees of the Township
School Area of Clarke. - ,Carried
The following By-law Was given first, second and third reading
and finallY nassed:
By-Law No.' 1518:
A By-law to authorize the borrowing of $107,442.00 upon debentures
to pay part of the cost or. a Water Works Eroject as more fully desoribed
in Certifioates Number 6.5-B-l.5 issued by 'l'he Ont!?-rio Water Resources
. Commission and known as Ontario Water Resources Commission Project
64-W-130.
WHEREAS the Council of the Township of Clarke by By-law No. 1472
authorized the construction of a Water Works' Project '8S more fully
described in Certificates No. 6.5-B-15 issued by The Ontario Water
Resources Commission and known as Ontario Water Resources Commission
Project 6.5-W-130.
A:ND WHEREA.S the Ontario Municipal Board, by its' Order dated the
third day of ~arch 196.5, under file No. F2834-63, approved the
application by the Corporation .to enter into an agreement with The
Ontario Water Resources Comm~ssion in connection with the work
desoribed in the said By-law and the borrowing of money Ibr 'such
purposes by the issue of debentures repayable ~ver a. 'term not .'
exceeding 30 years.
AND WHEREAS the Minister of MUnicipal Affairs by his commitment
to make loan No. L3l1 dated the fi:r:st day of April 196.5 approved the
making of a loan under The Municipal Works Assistance Act in the amount
of 1143,2.56.00 at the rate of interest ~f .5t1o per annum repayab~e
over a term not exceeding 30 years. '
Page 3 -
Speoial Meeting ~une 28, 196.6, continued:
~um ifREREAS the Council by an application for a payment on a loan
dated ~h~ twenty-first day of ..Tanuary 1966, has requested the Minister
of MunIcIpal Affairs to make a final payment on a loan in the amount
of $143,256.00. '
~\ND vn1EREAS the Minister of Municipal Affairs has requested the
Corporation to deliver to him a debenture of the Corporation in the
principal amoun~ of $107,442.00 bearing interest at the rate of 5t1o
per annum, certIfied as to validity by The Ontario Municipal Board,
as seouri ty for the repayment of the above loan and it is nOR deemed
~~iex~edient to authorize the issue and delivery of such a debenture.
,., NOW ~iEREFORE the'Council of The'Corporation of the Township or
Clarke ENACTS AS FOLLOVm: '
1 THAT money shall be bo~rowed on the credit of The Corporation
of the 10wnship of Clarke 'at large by the issue of a debenture or the
Corpora~ion in the prinoipal amount 6f $107,442.00. The said Debenture
~hall b~ar ~nterest a~ the rate of 5t1o per annum oalculated yearly, not
In advanoe, 'and payable orl .the First 'clay (of J'une in eaoh year of the
ourrency of the Debenture; '(
2 . THAT the said Debenture snall(be dated the First day of ~une
1967 an~ shall be payable (in 30 equaI annual payments of prinoipal and
interest combined of $7,189.69 each, 'on the First day of J'une in each
of the years 1967 to 1996 inolusive, 'and the resneotive amounts of
prinoipal and interest nayable in eaoh of such years shall be as set
forth in Schedule "An 'hereto whioh is hereby deolared to be and to fo:t4t!n
part of: thi s By-law. ' ,
3 . TI-!AT the sa~d payments of principal and interest oombined
shall b~ payable in lawful money of danada by cheques sent through
the pos~ to the registered address of th~ registered owner of the
Debenture and ~Joh cheques shall be pay5ble at nar in Toronto or
Montrea~ at the optio~of the payee.' {- ..,
4 TEAT the said Debenture shall [fe sealed with the .':;)eal 01."
the Cornoration and snaIl 'be signed "by tlie Reeve or by some other
nerson authorized by :By-la~ to sign the Same and by the Treasurer.
- 5 . TI-IAT there shall be rai sed 'in eaoh of the years 1967 to
1996' in~lus~ve, by a ~pecial rate suffiofent therefor, over and
above a~l other rates on ~ll the rat~able property in the Township
of Clarke at the same 'time and in the same manner as other rates,
the total annual sums 'of -drincipal arid irlterest nayable in such
vears on the said Debenture as is set forth in the fifth oolumn
of SCheduleUA" attached hereto. But it shall not be necessary to
levy in 'any year a greater-amount tha-nis required to pay the
said instalment after taking into aocount net receipts from any
source in connection with the saidwo,rks.
6 THAT the debenture be sold to the Treasurer of Ontario.
on the condition that he shall not sellar otherwise dispose ~
the debenture except after the expiration of six months from
the di spa tch by the Treasurer of Ontario t'othe Treasurer of the
Corporation, by registered mail, of anotioeof intention to sell
or otherwise dispose thereof: but any subsequent holder, subject
to complie'nce wi th anycondi tions ari sing as a result of registration
of the debenture, may sell 01' dispose thereof without notioe to the
Cornoration.
~7 Ta~T the said debenture shall contain; a olau~e prpviding
for the registration thereof cpur'suant to seotion 323 of The
Municipal Aot., " . .
8 THAT application shall be made to The Ontario Munloipal
Board for the annroval of this BY-law and for the oertification pf
the debenture to-be issued thereunder pursuant to pe.;rt IV of The
Ontario 1~Jnicipal Board Act.
9 THAT-the Reeve end the Treasurer are hereby authorized
to do all things and to exeouteall doouments and; other papers
n the name of the Oorpora tioh in order.tocarry.out :the. provi sions
f this Bv-law and the-Treasurer is authorized to, affix the seal
of the COI-norAtion to all suoh docUments' and paper$..
10 TTiAT all the nrovisions of By-laws No. 1419, NQ. 1420,
and No. 1472 not consisient with the provisions of this By-law
are hereby repealed.
~F.
Page 4- 28, 1966, continued: ,
Special Meeting .Tune
SCHEDULE " :.~.. TO BY -L\W :N1T}.IIT3ER 1518
1 Losn Number L311 C; Rate of Interest 5%:10
2 Amount of the Loan ~~ 143,256.00 6 Term 30
3 Amount of the forgiveness t 35,814.00
4\5 Amount to be repaid 107,442.00
(1) ( 2) (3) (4 ) (5 )
Payment
Number Date Due Principal Interest Total .
---.-........ 1 ;hiiie1.9b7 1 , 54t3. 98 5,640.71 7,189.69
1
2 1 June 1968 1,630.31 5,559.38 7,189.69
3 1 ~une 1969 1,715.90 5,473.79 7,189.69
4 1 .Tune 1970 1,805.98 5,383.71 7,189.69
.5 1 June 1971 1,900.80 5,288.89 7,189.69
6 1 .Tune 1~72' ( 2,000.59 5,189.10 7,189.69
7 1 ~une 1973 2,105.62 5,084.07 7,189.69
8 1 ~une 1974 2,216.16 4,973.53 7,r89.69
9 1 June 1975 2,332.51 4" 85 7 .18 7,189.69
10 1 .Tune 1976 2 , 454 .97 4,734.72 7,189.69'
11 1 .June 1977 2,583.86 4,605.83 7,189.69
12 1 ~une 1978 2,719.51 '4,470.18 7,189.69
.13 1 .June 1979 2,862.28 4,327.41 7,189.69
r~i 1 ~une 1980 3,012..55 4,177.14 7,189.69
15 l.June 1981 3,170.71 4,018.98 7,189.69
16 1 .Tune 1982 3,337.17 3,852.52 7,189.69
17 1 ~une 1983 3..512.37 3,677.32 7,189.69
18 1 ~une 1984 3,696.77 3,492.92 7,189.69
19 1 .June 1985 3,890.85 3,298.84 7,189.69
20 1 ~une 1986 4,095.12 3,094.57 7,189.69
21 1 ~une 1987 4,3l0.t2 2,879.57 7,189.69
22 1 .Tune 1988 4,536.40 2,653.29 7,189.69
23 1 ~une 1989 4,774.56 2,415.13 7,189.69
24 1 .Tune 1990 5,025.22 2,164.47 7,189.69
25 1 .June 1991 5,289.05 1,900.64 7,189.69
26 1 ~une 1992 5,566.72 1,622.97 7,189.69
27 1 ~une 1993 5,858.98 1,330.71 7,189.69
28 1 ~une 1994 6,166.57 1,023.12 7,189.69
29 1 ~une 1995 6,490.32 699.37 7,189.69
30 1 .June 1996 6,831.05 358.64 . 7,189.69
107,442.00 10~,248.70 215,690.70
The following By-law was given third reading only and finally
passed:
By-Law no. 1519:
A By-law to authorize a Franchise Agreement between thE
Corporation and the Consumers' Gas Oompany.
THE COUNCIL OF THE CORPORATION OF THE ~OViNSHIP OF CLARKE ]~NACTS
AS FOLLOWS:
1. That the proposed franchise agreement with ~he Consumers'
Gas Company be and the same is hereby approved and authorized and
the franchise provided for therein granted.. ,
2. That the Reeve and Clerk are hereby authorized and instructed
on behalf of the Corporation to enter into, execute, seal with
the Corporate seal and deliver the agreement set forth in the
schedule hereto between the Corporation and The Consumers' Gas
Company, which agreement is hereby incorporated in and shall form
part of this by-law.
3. This By-Law shall not come into force ~d take effect unless
and until
(a) The assent of the electors of the Township of Clarke
has been obtained thereto pursuant to subsection 1
of section~? of The Munioipal Franchises Act; or .'...
until sucH .assent has been dispensed with by order
: of the Ontario Energy Board pursuant to The Municipal
Franohises Act subseotion 4 of section 9
(b) the terms and conditions upon whioh and the. period for
which, such franchise is to be granted have first been
approved by the Ontario Energy Board as provided in
section 9 of The Municipal Franchises Act.
Page .5 -
Special Meeting .Tune 28, 1966, continued:
Thi s A.greement made the 28 day of ~une, 1966 between: The
Consumers' Gas Oompany hereinafter called the "Oompany" of the first
part -and- The Oorporation of the Township of Clarke hereinafter called
the "Corporation" of the second nart.
WHEREAS the Company deSires-to distribute and sell gas (which term
shall mean and include natural gas, manufactured gas or any liquified
petroleum gas, and inclndes an:r mixture of natural gas, manufactured
gas or liquified pe~roleum gas, but does not include a liqnified.
J(0~petroleum gas that is distributed by means other than a ~ipe line) in
., the TOivnship of Clarke upon the terms and c ondi tions hereinafter set
forth.
AND WBJ~REA.Sby By-law duly passed.by 'the Municinal Council. of the
Township of Clarke with the requisite assent the~eto.of the Ontario
Eners:! Board,~he Heeve and Clerk of the said Townshi'P"have been
authori zed and direc ted to execute, seal and deli ver thi s Agreement' 011
beh81f of the Corporation of The Townshi,n of Clarke.
Nmrv THEHEFORE TLfIS AGREE~J!EN~f1 WITl'JESSETH that for valuable
consideration the parties hereto mutually covenant and agree as follows:
1. The consent, permission and authority 'of, the said Townshin of
Clarke are hereby given and granted to the Oompany, to supply gas to
the Township of Clarke and to the inhabitants thereof and to enter unon
all highways now or at any time hereafter within the jurisdiction of'
the Township of Clarke and to lay, maintain, operate and repair such
mains and pipes as the Company may require thereon for the t.rans-
mi ssjon and sur-ply of gas in and through the Township of Clarke
for fuel puruoses together with the right to construct, maintain
and repair all necessary regulators, valves, curb boxes, safety
appliances and other appurtenances that may be necessary in connection
with the transmission and supply of 'gas in the said TownShip.
2. The Company shall well and sufficiently restore forthwi th to as
good cond). ti on as they were in before the commencement of the Company's
operations to the satisfaction of the Corporation Engineer (which term
means from time to time such employee of the Corporation as the Cor'D-
oration shall have designated as such for the purposes of this Agreement,
or failing such designation, the senior 'employee of the Corporation
for the time being charged with the admip.istrationof public mrks and .
highways in the Municipality) all highways which it may excavate or
interfere with in the course of laying, constructing, or repairing or
removing of its mains, pipes, regulators, valves, curb boxes, safety
appliances and other appurtenances and shall make good any settling or
subsidence therea.fter caused by such excavation, and further, in the
event of the Company failing at any time to do any m rk required by
this Section the Corporation may forthwith have such work done and
charged to and collect from the Company the cost thereof and the Company
shall on demand pay any reasonable account therefor certified by the
Cor:oora ti on Engine,er... ( .
3. The Company snaIl at all times wholly indemnify the Corporation
from and against all loss, da1'1J.age and injury and expense to which the
Corporation may be put by reason of any damage or injury to persons or
nronertv caused by the construction, repair, maintenance or operation
by the Company of any of its works 'in the sei d Corporation as Vlell as
3gainst any damage or injury resulting from the imprudence, neglect
or want of skill-of the employees or agents of the Oompany in connection
wi th the construction, repair, maintenance or operation by the Company
of any of it s works in the Corr)ora ti on unless the cause of such loss,
<i ( ~
cost, damage, injury or expense can be traced elsewhere.
4. Excent in the event of emergency no excavation, opening or work
which shail disturb or interfere with the surface of any highway shall
be made or done unless a nermit therefor has first been obtained from
the said Engineer and all such works shall be done under his supervision
and to his satisfaction.
.if 5. The location of all Dipes and works on said hi'ghways~sh~ll be
.. subject to the direction and approval of the Corporation .t!inglneer and
all such nipes and works, whenever it may be reasonable and practicable,
shall be laid in and aDng the sides of said higbways. .
6. The Company before beginning any new work in ~he s~id COrpOrf'3tlon
under this Agreement, save an(l e]f:cept lateral serVlce plpes, shall file
wi th the Cornoration Engineer a plan drawn to scale shewing the .
'hiO'h1"r8vs in which it nro-poses to lay mains, and pipes, and the partlcular
~a~t~ thereof it Tlroposes to occupy for an;l of such purposes together
with definite written specifications of the mains, pipes and ~orks
proposed to be laid or constructed by it, sp ecifying the materlals and
Page 6 -
Speoial Meeting ~une 28, 1966, ~ontinued:
dimensions thereof, and the depth at which the same are to be laid,
and similar plans ,and speoifi.cations shall be filed wi th the said
Corporetionof all extensions of, or additions to suoh mains, pipes
or wo rks before any suoh extensions or addi tion shall be begun.
Provided further that the Company shall provide the Corporation
Engineer with a revised plan of the location of any main should there
be any alteration in the plan originally filed with the Corporation
Engineer.
7. If in. the pourse of constructing, reconstructing, changing,
altering or i~roving any highway, it becomes necessary to take up, .
remove or ohange the location of applianoes or works :placed on or ..
under the highway by the Company, the Company small remove and relooate
suoh applianoes or works, and the rest thereof shall be apportioned in
the mann.er presoribed by The Public Service lNorks on Highways Aot,
R.S.O. 1960, Chapter 333, Section 2' and amendments thereto.
8. The Company shall use at all timeS proper and pr,acticable means
to prevent the escape'or leakage of gas from its mains and pipes and
the causing of any damage or injury therefrom to any person or property.
9~ The rates to be charged and collected by the Company for gas
supplied by it under this franchise shall be the rates fixed by the
Ontario Energy Board having jurisdiction to fix rates under ~he Ontario
Energy Board Aot, or in case there shall be no such Board then such rates
as may from time to time be fixed by any other person or body having
jurisdiction to fix such rates; any such application hereunder may be
made by either party hereto on notice to the other.
10. The Oompany will at its own e~)ense tap its mains and oonnect
the same with the Company's meter in the customers' buildings, provided
that the Company's meter is looated at a distance not greater than
fifty (50') feet from the street line. Provided that should any
customers,require the meter to be located at a distanoe greater than
fifty (50') feet from the street line suoh oustomers shall pay the
addi tional cost of installing the meter at such grea ter di stance.
11. The Corporation will not build or permit anyCommission or other
publio utility or person to build any struoture or structures encasing
any mains or pipes of the Company.
12. (a) This Agreement and the .respective rights and obligations
hereunto of the parties hereto are hereby declared to be subject to
the provisions of the regulating statute and to all orders and
regulations made thereunder and from. time to time remaining in effeot;
and in the event of any dt spute or d isagreeffient between the parties
hereto as to the meaning or interpretation of anything herein contained
or as to thet perfo rmance 0'1' non-performance by either of such parties.
of any of the provisions hereof or as to the respective rights and
obligations of the parties hereto hereunder, either of such parties
may refer suoh dispute or disagreement to arbitration under the
provisions of Paragraph 12 (b) hereof.
(b) Whenever The 1funicipal Arbitrations Act, R.S.O. 1960, Chapter
50 shall extend and apply to the Municipali ty any references tq ..
arbitration pursuant to the provisions of Paragraph 12 (a) hereof shall
be to the Official Arbitrator appointed under that Act and shall be
governed by the provisions of tthat Ac~. At any other time the
procedure upon an arbitration pursuant to the provisions of the said
Paragraph 12 (a) shall be as follows:
Within twenty days after the written request. of either
of the parties hereto for arbitration ea~h of them shall
annoint one arbitrator and the two so appointed shall,
within twenty days after the expiring of such twemty
day period select a third. In case either of the
pa~ties hereto shall fail to name an arbitrator within
twenty days after the said written request for arbitra-
tion, the arbitrator appointed shall be the only .
arbi trator. In case the two arbi trators so appointed . ..
are unable to agree on a third arbi trator wi thin
twenty days after the expiry of the first twenty day
period above mentioned, application shall be made as soon
as reasonably possible to any Judge of the Supreme
Court of Ontario for the annointment of such third
arbitrator. The arbitrator-or arbitrators so appointed
shall have all the nowers acoorded arbi tra.tors by The
Arbitration Act, R.S.O. 1960, Chapter 18 as from time
to tim.e amended, or any Act in substi tution therefor.
The decision of the said arbitrator or arbitrators
(or of a majority of suoh arbitrators) shall be final
and binding on the parties hereto.
~
.,
Page ::7 -
Speo1al Meeting &Tune 28, 1966, co'ntiIlUed:
~.f._-
13. If the Company fails-to commence the construction of the works
necessary to distribute gas in the Township of Clarke within 12 months
~fter n~tural gas is first available in quantities adeouate for the
:purposes of the gas distributions:Tstem out of a gas transmission line
at a point therein which is in the vioinity of the said Township or
fails.wit~in 6 months thereafter to deliver gas through the said
distrlbutlon system this agreement and any and-all rights granted
hereunder shall be null and v,did, and in'such event the Company shall
in no wise be liable to the t}Jownshi:n of Olarke under the terms of
this agreement in damages or"otherwise save and excent in the
provisions of Paragraphs 2 and 3 hereof. -
PROVIDED'however, that the Company and the Townshin of Olarke
may by agreement extend the time wi thin which the Company must perform
pursuant to this Paragraph 13 from year to year for a-period not
exceeding 3 years with the approval of the Ontario Energy Board.
}4. In the event of the Company being prevented from carrying out its
obligations under this Agreement by reason of any clause beyo~d its
control, the Company shall be relieved from suoh obligations while
such disabili ty continues :and in the event of a dispute as to the
existence of such disability such dispute shall be determined as
hereinbefore prOvided. Provided, however, that the provisions ~f this
Paragraph 14 shall not relieve the Oompany from any of its obligations
as set out in Paragraph 3 hereof.'
15. The franchise hereby grant~d' shall be for the term of twenty (20)
years from and after the final passing of the By~law; prov1ded that if
at any time prior to the expiration of the said term of twenty (20~)
years or prior to the expiration of any renewal, thereof, the Company
shall notify the~ownship of Clarke in writing that it des~ree a.
renewal thereof for a further period, the Oou~cil may but shall not be
obliged to renew by By-law this Agreement from time to time, tor
further periods notexeeeding twenty (20) years at anyone time.
16. The Company shall ~ay the oosts,charges and expenses of the
Corporation and of its ~olicitor of and incidental to, the preparation
and passing of such By-law and this !greement.
17. For the pur?ose of this Agreemsnt and of any matters arising out of
same the Corporation shall act by the Oounoil thereof.
18. Wherever the word "highw~y" is 1J.sed. in' thi s' Agreemen t or in the
said By~law it shall mean oommon and.public highways and shall include
'any street or bridge forming part of a highway or on or over and across
which a highway passes and any publiC square, or road allowance and shall
inolude not only-the travelled nortion orr; such highway but also di tches,
driveways, sidewalks and sodded areas forming part of the road allowance.
19. Upon the expiration of this franohise or any renewal thereof the,
Company shall have the right, but nothing herein contained shall require
it, to remove its mains, pii)e~, plant and.works laid in the said highways
and Dubiio places and for suoh purpose, shall have. one (1) year to effect
such removal. Provided that should the tlompany.fail to remove its mains,
pipes, plants and works laid in the said highway and publio places in. the
Townshin of Clarke within one (1) year from the date of the expiration. of
this franchise such mains, pipes, plants~ and works shall beoome the
exolusiye property of the Townshin of Olarke. Provided further that
forthwith unon the expiration of this franchise or any renewal thereof
the Company-shall 'disconnect the mains and pipes in the Township of Clarke
from ttie source of sunply.
20. Any notice to' be-given under any of the provisions hereof may be
effectually given to the Township of Clarke bf deliverying the same to
the Townshin Clerk or by sending the same to him by registered mail,
postaO'e nrenaid, addressed to flthe Olerk of the Oorpore.tion of ;the
Township-of-Olarke, Ontario,. and to the Oompany by delivering the sa~e
to its - ~~anager or other Chief Officer in oharge of its place of
busine~s in the City of OShawa, 0:1:' by sending the same b~ registered
mail nostage nrenaid, '. addressed to "The Oonsumerst Gas, Uom:pa.ny, .
~ ~~eT~~~~t~h~i~e~~:d;~~:~t~olha~~t~~;~.:iV;~ ~Yt~~t~~; ~C~:~~i~~ ~~~~
Bosting thereof. .
. 21. This ..A.greemen t slTallextend to, b enef1 t andbi.nd the parties thereto,
their suocessors and assigns" respeo ti vely.
I1-T '~T1TESS WHEREOF the said, Company hs.s hereunto caused its
Corporate Seal to be affixed and these presents signed by its proper.
offioers in that behalf and the said Oorporation has hereunto oaused ltS
Corno~ate Seal to be affixed and these presents signed by the Reeve and
Clerk.
The meeting adjourned ~t 012:45 p.m.
~~'",,-/
Clerk.
cb~,~'
Reeve7
/'
/
REGULAR MEETING OF rIm: COUNOIL
OF Th'E T OWlTSHIP OF C LA-RKE
~uly 5, 1966, at 10 a.m.
Council Chamber, Orono.
Present:
Reeve ~. W. Stone
Deputy Reeve L.A.Perrault
Councillor R.G. Chater
Councillor O.H. Falls
Councillor Lloyd Lowery
Clerk H.E. Millson
.
The minutes of meetings heid .June 7th and 28th, 1966, were..
approved on motion by Lloyd Lowery , seconded by O.H. Falls. - Garried.
Mr. Roy A. Foster met with Council to request the clos~ng Qi"~:::"l
part of . the main street in Kendal for :purposes of a Street Dance :~n, OT';
July 20th next and sufficient snowfence to block off the intended ~ea~
The former matter was referred to Resolution while the latter was. ,
suggested that he personally contact the .Road Superintendent to acquire
the loan of the necessary snowfence. Further, Mr. Foster gave Council
a brief report of the. progress of the proposed Graham Creek Reservoir
project.
It was moved by O.H.Falls, seconded by Lloyd 'Lowery that Council
recess for lunch at 12 noon. - Carried.
Counoi~ r~sum~d ~ession at 1:30 p.m.
Mr. E. R. Woody~d, Chairman of Trustees of Polioe Village of
Orono, disoussed a number of matters which were of interest to both
the Trustees and. Council.
Mr. M. L. Ross, Road Superintendent, appeared at Council Meeting
from 1:30 - 3 p.m. to discuss the business on hand pertaining to his
department.
The. following Correspondence and reports were read out by
Reeve J.W.Stone: '
l. Central Lake Ontario Conservation Authority re finanoial statements
for the year 1965. .
2. Central Lake On1tario Conservation Authority re Minutes dated
May 31, 1966. .
3. Alex Carruthers, M.P.P., Durham re interseotion at Hig~way 115
and 35, oounty road #1 and the sixth concession road allowance. - Filed.
4. The United COlmties of Northumberland and Durham re By-law No. 2097.
- Received.
~. South Haven Nursing Home re inorease in rates. - Copy to be sent to
.Finanoe Committee.
6. Department of Highways re resolution #101 - for signs on Highway
No. 35 and 115 to warn traffio of the entranoe and exit of School Buses
at Clarke Township High School. - Received. (
7. The Ontario Municipal Association ret68th Annual Convention, City
(of Hamil ton,. August 21st-24th. - Filed
8. Lake Ontario Develoument Assooiation re New Look for LOda. - Filed.
9. United Counties of Northumberland and Durham re dissolution of .
former union school sections 18, 24, and 19, being Cavan, Clarke aaR
Manvers respectively. - Fil~d. .
10. CanadianUnderwriterst Association re l~ioipal Fire Protection
Survey as business brought ,forward from June 7, 1966. - Tabled.
11. Ontario Department of Agriculture and Food, Agricultural and
Horticultural Sooieties re Newtonville Community Hall. - Filed.
12. Durham County District High School Board re the Ontario l~unicipai
Board Deoision of ~une 17, 1966 concerning the Proportion of Liability
for 1966. - Filed. '
13. The Ontario Munioipal Association re the report on the proposed
amalgamation of the Association of Ontario Mayors and Reeves and the
Ontario Munioipal Association. - Filed.
14. Solicitor E. R. Lovekin re Newtonville Presbyterian Oemetery. -
Refer oopies t'o' Clarke Cemetery Bo~rd. ie.
15. Northumberland and Durham Health Uni t report for May 1966. - Filed.
16. Department 0 f 'Munioipal Affairs re Financial Statements and
Audl tors Report 1965. - Filed., "
17. The Ontario Mun1cipal Bo~rd re Validation of ~r-law 1515. - Received.
18. _' Union Rod and Gun Club request to install a childrens wading pool
on their property. - Copies of this letter be referred to the Counties
Health Unit and the Building Inspector for their replies to the Union
Rod and Gun Club. .
19. Russell C. Honey, M.P., Durham re cOTIll'laint of road drainage. - FJ.led.
20. The Ontario 1funiclpal Boarq ~e ~1.W.A.P. No.1 Validation of B~-Law
1515. - Filed.