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HomeMy WebLinkAbout2052A by-law to authorize a franchise agreement between the Corporation and the Consumers' Gas Company of Toronto. THIS AGRE';NT made the 7th day of ftugust , 1956. BET~-EEN THE CONSUMERS' GAS COMPANY OF TORONTO ereina ter ca e t e ompany" OF THE FIRST PART -and- THE CORPORATION OF THE TOWNSHIP OF ereina ter called the "Township" OF THE SECOND PART 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 includes any mixture of natural gas, manufactured gas or liquified petroleum gas, but does not include a liquified petroleum gas that is distributed by means other than a pipe line} in the Township of Darlington upon the terms and conditions hereinafter set forth. AiQD 'uJHEI?.EAS by By-Law duly passed by the Municipal Council of the Township with the requisite assent thereto of the Ontario Fuel Board, the Reeve and Cleric of the Township have been authorized and directed to execute, seal and deliver this kgreement on behalf of the Township. NOW THEREFORE THIS AGREE'A4ENT VdITNESSETH that for valuable consideration the parties hereto mutually covenant and agree as follows: 1. The consent, permission and authority of the said Township of Darlington are hereby given and granted to the Company, to supply gas to the Township and to the inhabitants thereof and to enter upon all highways now or at any time hereafter within the jurisdiction of the Township and to lay, maintain, operate and repair such mains and pipes as the Company may require for the transportation and supply of gas in and through the Township for - 2 - fuel purposes 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 con- nection with the transportation and supply of gas in the Township. 2. The Company shall well and sufficiently restore forthwith to as good condition as they were in before the commencement of the Company~s operations to the satisfaction of the Township Engineer (which term means from time to time such employee o£ the Township as the Township shall have designated as such for the purposes of this agreement, or failing such designation, the senior employee of the Township for the time being charged with the administration of public works and highways in the Municipality) all highways which it may excavate or interfere with in the course of laying, constructing, o7C repairing or removing of its mains, pipes, regulators, valves, curb boxes, safety appliances and other appurtenances and shall make good any settling or subsidence there- after caused by such excavation, and further, in the event of the Company failing at any time to do any work required by this Section the Township 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 Town- ship Engineer. 3. The Company shall at all times wholly indemnify the Township from and against all loss, damage and injury and expense to which the Township may be put by reason of any damage or injury to persons or property caused by the construction, repair, maintenance or operation by the Company of any of its works in the said Town- ship as well as against any damage or injury resulting from the imprudence, neglect or want of skill of the employees or agents of the Company in connection with the construction, repair, main- tenance or operation by the Company of any of its works in the Township unless the cause of such loss, cost, damage, injury or expense can be traced elsewhere. 4. Except in the event of emergency no excavation, opening or work which shall disturb or interfere with the surface of any -3- highway shall be made or done unless a permit therefor has first been obtained from the said Engineer and all such works shall be done under his supervision and to his satisfaction. 5. The location of all pipes and works on said highways shall be subject to the direction and approval of the Township Engineer and all such pipes and works, whenever it may be reasonable and practicable, shall be laid in and along the sides of said highways. 6. The Company before beginning any new xork in the said Township under this Agreement, save and except lateral service pipes, shall file with the Township Engineer a plan drawn to scale showing the highways in which it proposes to lay mains, and pipes and the ;particular parts thereof it proposes to occupy for any of such purposes together with definite written specifications of the mains, pipes and works proposed to be laid or constructed by it, specifying the materials and dimensions thereof and the depth at which the same are to be laid, and similar plans and specifications shall be filed with the said Township of all extensions of, or additions to such mains, pipes or works before any such extension or addition shall be begun. Provided further that the Company shall provide the Township Engineer with a revised plan of the location of any main should there be any alteration in the plan originally filed with the Township Engineer. 7. If in the course of constructing, reconstr^acting, changing, altering or improving any highway, it becomes necessary to take. up, remove or change the location of appliances or works placed on or under the highway by the Company, the Company shall remove and relocate such appliances or works, and the cost thereof shall be apportioned in the manner prescribed by the Public Service Works on Highways Act, R.S.O. 1950, Chapter 31$ Section 2 and amendments thereto. $. The Company shall use at all times proper and practicable 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. -4- 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 Fuel Board having jurisdiction to fix rates under The Ontario Fuel Board Act, 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 Company will at its own expense tap its mains and connect the same with the Company's meter in the customers' buildings, provided that the Company's meter is located 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 distance greater than fifty (50) feet from the street line such customers shall pay the additional cost of installing the meter at such greater distance. 11. The Township will not build or permit any Commission or other public utility to build any structure 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 effect; and in the event of any dispute or disagreement between the parties hereto as to the meaning or interpretation of anything herein contained or as to the performance or non-performance by either of suc!i parties of any of the provisions hereof or as to the respective rights and obligations of the parties hereto here- under, either of such parties may refer such dispute or disagreement to arbitration under the provisions of paragraph 12 (b) hereof. (b) Vdhenever The Tdunicipal Arbitrations Act, R. S. 0. 1950 Chapter 2l~t~ shall extend and apply to the Municipality any references to 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 that Act. At -5- any other time the procedure upon an arbitration pursuant to the provisions of the said paragraph 12 (a) shall be as follows: ti9ithin twenty days after the written request of either of the parties hereto for arbitration, each of them shall appoint one arbitrator and the two so appointed shall, within twenty days after the expiring of such twenty-day period, select a third. In case either of the parties hereto shall fail to name an arbitrator within twenty days after the said written request for arbitration, the arbitrator appointed shall be the only arbitrator. In case the two arbitrators so appointed are unable to agree on a third arbitrator within 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 appointment of such third arbitrator. The arbitrator or arbitrators so appointed shall have all the powers accorded arbitrators by the Arbitration Act, R. S. 0. 1950 Chapter 20 as from time to time amended, or any Act in substitution therefore. The decision of the said arbitrator or arbitrators (or of a majority of such arbitrators) shall be final and binding on the parties hereto. 13. In the event of the Company being prevented frora carrying out its obligations under this Agreement by reason of any cause beyond its control, the Company shall be relieved from such obliga- tions while such disability continues and in the event of a dispute as to the existence of such disability such dispute shall be deter- min8d as hereinbefore provided. Provided, however, that the provisions of this clause 13 shall not relieve the Company from any of its obligations as set out in paragraph 3 hereof. 14. The franchise hereby granted shall be forthe term of twenty (20) years from and after the final passing of the by-law; provided that if at any time prior to the expiration of tiie said term of -b- twenty (20) years or prior to the expiration of any renewal thereof, the Company shall notify tine Township in writing that it desires a renewal thereof for a further period, the Countil may but shall not be obliged to renew by By-Law this Agreement from time to time, for further periods not exceeding twenty (20) years at any one time. 15. The Company shall pay the costs, charges and expenses of the Township and of its Solicitor of and incidental to, the preparation and passing of such By-Law and this Agreement. 16. For the purpose of this Agreement and of any matters arising out of the same the Township shall act by the Counbil thereof. 17. This Agreement and the said By-Law is subject to all statutes, orders and rules made or to be made by lawfully con- stituted authority having jurisdiction in the premises. 1$. Wherever the word 'Thighwayt1 is used in this Agreement or in the said by-law it shall mean common 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 xoad allowance and shall include not only the travelled portion of such highway but also ditches, driveways and sodded areas forming part of the road allowance. 19. Upon the expiration of this franchise or any renewal thereof the Company shall have the right, but nothing herein contained shall require it, to remove its mains, pipes, plant and works laid in the said highways and public places and for such purpose, shall have one (1) year to effect such removal. Provided that should the Company fail to remove its mains, pipes, plants and works laid in the said highway and public places in the Township within one (1) year from the date of the expiration of this franchise, such mains, pipes, plants, and works shall become the exclusive -7- 20. Any notice to be given under any of the, provisions hereof may be effectually given to the Township by delivering the same to the Township Clerk or by sending the .same to him by registered mail, postage prepaid, addressed to "The Clerk of the Corporation of the Township of Darlington, Hampton, Ontario," and to the Company by delivering the same to its Manager or other Chief Officer in charge of its place of business in the Township of Darlington, or by sending the same by registered mail, postage prepaid, addressed to "The Consumers' Gas Company of Toronto, 19 Toronto Street, Toronto 1, Ontario." If any notice is sent by mail the same shall be deemed to have been given on the day succeeding the posting thereof. 21. This Agreement shall extend to, benefit and bind the parties thereto, their successors and assigns, respectively. IN tiJITNI+;SS ~dI~REOF the said Company has hereunto caused it s Corporate Seal to be affixed and these presents signed by its proper officers in that behalf and the said Corporation has here~.u~to caused its Corporate Seal to be affixed and tizese presents signed by the Reeve and Clerk. THE CONSUMERS' GAS COT~ANY OF TOROPdTO ,!'hoc// ilfi'/ ~~ I hereby certify that the above is a true copy of the I-greement between The Consumers Gas Company of Toronto and the Corporation of the Township of Darlington, and made a schedule to ,3y-Law No. 2052 of the Township of Darlington. Municipal Clerk. TH,k;_PSORPOR ION OF THF, TOWNSHIP/OF