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HomeMy WebLinkAbout06/28/1966 (Special Meeting) ~ 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 THAT By-Laws No. 1510 and No. 1,14 be and are hereby repealed.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. ' ~ Clerk. . .. _.....- ) . Reev~ .~ "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.