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HomeMy WebLinkAbout1130BA by-law to authorize the Corporation to enter into an agreement with the Hydro-Electric Power commission of Ontario for street lighting. r r} .. -R - a majority of the resident freeholders withitt the said area; NOW THffiiSCB'ORE THE COUNCI1r OF T8E CORPORATION OF Tab TOWNB$IP 08 Darlington enaota as followss- 1. THAfi the Corporation of the Township of Darlingtondo enter into an agr®ement With The aydro-Electric Power Commission of Ontario for street lighting in the said area, a Dopy of whioh agreement is hereto attached and farms part of this By-law; 12. TaAT the Reeve and Glerk of the Corporation be and. they are hereby authorized and required to execute the said agreement on behalf of the Corporation and to affix the Corporate 8ea1 there- to and to deliver such agreement when executed to The Hydro- ~lectrio Power Commisa on of Ontario.; 3. THAT ~~ ~ of the cost incurred under said agreement for street lighting in the area therein described be raised, levied and collected by an annual special rate upon the taxable property lying within the said area.:; 4. THAT ~~ °J, of the cost incurred under the said agreement .for street lighting in the area therein described be paid by the Corporation and be ohargeable to the municipality as a whole. D~ft'1=8W RL f - snd finally passed. this ~ day of ~~ A.D. 19~1a .1..T...X: L ....Kl.~~~ ..................... Revs. ,~.- ~. ~ . ~.;,_ .. " THIS AAR~t~T made in dupiioate the oat ~ A.D. 14 ~~ z ~ ~~Y T~ o-E~,aaTxtiE~ cowclio~oa a~Ta~IO. hereinafter called the "Commission" Q$, 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;- .~ _~_ 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; ..e-- '..: -i- 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; CMr _ ~ ~v ~' :,-..__ ,~.- ~~LGIYGR~Y~U 7Gl~O/~. ~Ll~ aN /l107? `IrTC, (%~12(CLG(!7, /hm l~~ ;~l<~.~k< CORM/55/ONER ~~' . ~~.z> .~xi~e. COMI//SSIONER SECRETARY aa~~~y¢skYt nltt~p~~rh'~li r~~'~ ®®-~~ ~~'~ DFC~ttIttT[D ±ttginerring ~1rp~rt~nent ~iil~~%1ct'~ nS2' ~~irb %rc rt~o' i oa _ /oN fi`b'//~~~yu, +~r1i~!_ ~1rFPr?.r~f,: C %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/ ~~ <, ':: _~_ -. 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! • f 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. +,., C rmA,n . _ ~ s ~~- Beore Lary . - .................~.~....~..~i~ ~..:~ ........._ ......................... Aeevs. ........................... 3 >- f) `a. ~ ~~ . :r Y ~ r °~ ,~ .~ T~ HAD-I~IC PAS G~1[- 1[ZSSItBf 0~ t3ITTA~~O-. - aad D T~+ I ~B ~ Tf3~8HIB U~ A a x S F Y B H T D113~ ,~ ~O`''~' A.D. 2~i `l~ e ~~ + C' X041? H.B_P.C. Capital LARGE FORMAT MAP ATTACHE D TO ORIGINAL