HomeMy WebLinkAbout1130BA by-law to authorize the Corporation to enter into an agreement with the Hydro-Electric Power commission of Ontario for street lighting.
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a majority of the resident freeholders withitt the said area;
NOW THffiiSCB'ORE THE COUNCI1r OF T8E CORPORATION OF Tab TOWNB$IP
08 Darlington enaota as followss-
1. THAfi the Corporation of the Township of Darlingtondo enter
into an agr®ement With The aydro-Electric Power Commission of
Ontario for street lighting in the said area, a Dopy of whioh
agreement is hereto attached and farms part of this By-law;
12. TaAT the Reeve and Glerk of the Corporation be and. they are
hereby authorized and required to execute the said agreement on
behalf of the Corporation and to affix the Corporate 8ea1 there-
to and to deliver such agreement when executed to The Hydro-
~lectrio Power Commisa on of Ontario.;
3. THAT ~~ ~ of the cost incurred under said agreement for
street lighting in the area therein described be raised, levied
and collected by an annual special rate upon the taxable property
lying within the said area.:;
4. THAT ~~ °J, of the cost incurred under the said agreement
.for street lighting in the area therein described be paid by the
Corporation and be ohargeable to the municipality as a whole.
D~ft'1=8W RL f -
snd finally passed. this ~ day of ~~ A.D. 19~1a
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Revs.
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THIS AAR~t~T made in dupiioate the
oat ~ A.D. 14 ~~
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T~ o-E~,aaTxtiE~ cowclio~oa a~Ta~IO.
hereinafter called the "Commission"
Q$, THE ?ITT ~'AItT .
- amd -
THE C9R80RATION O8 TH9 TOiHBHIP OF DARLIi4GTON
hsrelnsfter called the "Corporstion"
Q~'~ 88COND PART.
EHEHEAS the Corporation entered into a Rural Power
Contract with the Commission dated the Fifth 8sy of
October A.D. 1923 for the rural distribution of eleatrioai
power within the Township of Darlington.
AND A$ the Corporation upon the petition of
a majority of the. resident freeholders in that certain area
within the said Township which is hereinafter more partio-
ularlir described has applied to the Commission under the Power
Commission Aot and amendments thereto (hereinafter called fhb
"said Aot") for street lighting on highways in the said area
and the Commission is agroeable thereto.;
NOW THSftBP'ORE TEiIB AtiRF~ItBNT EITN88$ETH that for
the considerations herein contained. the parties hereto
oovenant~ promise and agree as followss-
1. The Commiasion on behalf of the Corporation shall
light the highways in that area in the Township of Darlington
which may be more particularly 8escribed as follows;-
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_~_
Parts of i.ots 17 and 18, Concession 5 as shown on plan
attached hereto and marked as exhibit A.
and which is (mown as th0 Village of Hampton ~ hY that number
Cs street lights on those highways in the said area whioh are
spsaifisd is the following lists namelys-
~m'+~ o~ 8ighway Number of l_ ght` thereon
Scugog Road 21
Ormiston St. 1
Mill st. 5
Street crossing Mill St. S.E. of mill Pond 7
Lane (from Scugog to Perry St.
South of Simpson Ave.) 1
Simpson Ave. 1
Elgin St. 1
fiampton Park 3
and in addition by suoh further street lights on the sai4
highways and on other highwaga in the said area as shall be
requested by the Counoil by notioe in writing to the Com-
mission from time to time;
8. The Commission on behalf of the Corporation
aha12 ooaetruot and install the said street lights inoluding
all pales, aonduotors, lamps braekets~ transformers, deviaes~
apDlianoes~ aquipmant an8 apparatus necessary therefor, here-
inaftar osiled "'street lighting worhe*;
3. The Commission on 'behalf of the Corporation
shall maintain and operate the street lighting works oxoept
the replacement of lamps and the winding of the time cloak
which shall be effeotad 'bq the Corporation and esoept as
herein eleev-hara provided;
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4. As far as possible under thfs agreement and the
said Act, the said street lighting works shall be subject to
the same conditions as works constructed by the Commission on
behalf of the Corporation under the said Rural Power Contract
and the Commission shall assume obligations in respect to the
said street lighting works similar to its obligations in res-
pect to works construated under the said Rural Power Contract;
S. Power for said lighting of highways shall be
supplied to the Corporation by the Commission under the same
conditions as power supplied by the Commission under the said
Rural Power Contract,;
8. The Corporation hereby grants to the Commission
full right, power and authority on behalf of the Corporation
to light the highways in the said area as aforesaid, to per-
form, enjoy and enforce all duties, powers, rights and agree-
manta belonging to the Commission under this agreement and to
do all things necessary for or incidental to the performance
of this agreement;
7. (a) The Corporation shall pay to the Commission the
cost of the lighting of the highways in the said area which
shall include all coats incurred by the Commission For the
purpose of this agreement and without limiting the generality
of the foregoing, costs in respect of the said lighting
similar to those for which the Corporation is liable under
the said Rural Power Contract, more particularly the costs
for construction, installation, maintenance and operation;
(b) The Corporation shall make payments of bills
rendered by the Commission from time to time;
(c) The Commission shall from time to time ad~uat
and determine the amount for which the Corporation is liable
under this agreement;
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CORM/55/ONER
~~' . ~~.z> .~xi~e.
COMI//SSIONER
SECRETARY
aa~~~y¢skYt nltt~p~~rh'~li
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DFC~ttIttT[D
±ttginerring ~1rp~rt~nent
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%aran~/
May '], 1946
ADDRESS REPLY ATTENTION OF
G.F.D.
Mr. J.D. Hogarth,
Clerk, Township of Darlington,
HAIu7'TON, Ontario.
Re: Bowmanville Rural Operating Area
Dear Sir:
I am forwarding you herewith one copy of the By-
law and Agreement for street lighting in the Village of
Hampton, Darlington Township.
The installation of street lights in the Village
of Hampton has been approved and will be proceeded with as
soon as the necessary material can be obtained.
Yours truly,
~N/
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-. The Commission shall have the sam®
rights and remedies in raspeot of the said street light-
iag works. the asifl lighting of the highways and of the
eleotriaal power supplied under this agreement ae the
Commission has in reapeot of the works, rural power dis-
tribution and eleotrical power under the said Rural Power
Ca~a#raat:;
The word "power" shall also mean "energy"
wherever the oontest permits;
9. The Corporation shall, at all times.,
with all diligenoe and all lawful means in its power oo-
operate with tho Commission and fulfil the terms and
purposes of this agreement;
1D, T]ae Commission shall be a trustee for
the Corporation of all property maintained and operated
by the Commission under this agreement but the Com-
mfsafon-shall be entitled to a lien upon. the said. property
fcr all monies ®~ended by the Commission under this
agreement and.. not repaid; at the expiration of this.
agreement the Commission shall determine and adjust the
rights of the Corporation having regard to the amount
expended by the Commission and paid by the Corporation
respeotively and auoh other consideratioas as may appear
equitable to the Commission and are approvefl by the
Lieutenant-flovernor-in-Counoil;
li. This agreement shall remain in force
for forty years from the date hereof!
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lE. This agreement shall extend to, be binding upon
and enure to the benefit of the parties hereto their sue-
oe~sors and assigns respeatlvaly;
IN WITNESS WSEREOE the parties hereto have oau~ed
this agreement to be exeouted attested by the affixing of
their eorparate seals and the signatures of their proper
offioers duly authorised thereto.
__T#E HXIIRO-ELECTRIC POWER COY~GISSION Ob' ONTARIO.
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