HomeMy WebLinkAbout2425A By-law to authorize the Corporation to enter into a contract with the Hydro-Electric Power Commission of Ontario for the lighting of streets in the Township.
The Council of the Corporation of the Township of Darlington
enacts as follows:
1. That the Corporation do enter Into a contract with the
Hydro-Electric Power Commission of Ontario for the lighting of
streets in the Township, a copy of which contract is attached to -- "-
and fortes part of this dy-law.
~, That the Reeve and the Clerk of the To-::nship are
authorized to execute the said contract on behalf of the Corporation
and to affix the seal of the Corporation thereto.
3, That the contract shall apply to the Enniskillen Street
Lighting Areas that is, tfie area shown outlined in red in a plan
prepared by M.D.Brown,O.y.S.~d~.ted November 26, 1969, and attached
hereto as Schedule "='." which is declared to be and form part of
t:~.i s .3y-lax
y., That 100; of the cost incurred by the Corporation under
the said contract shall be assessed and levied on the rateable
property in the said area.
5~ That p n of the cost incurred by the Corporation under
the said contract shall be paid by the Corporation at large.
Dated and finally passed this 5th day
of December ~.D.1969
R ~_~VL
CLERK
°' p. da of December A.D. 19 69
~~Lfjt~ c~g~eernent made in du hcate this 9th Y
BETWEEN: hereinafter called "the Commission"
TAE HOF THE FIRST PART, ER COMMISSION OF ONTARIO,
- and -
THE CORPORATION OF THE TOWNSHIP OF.. P.y~T~~r1.~i.T~PT ............................................................
hereinafter called "the Corporation"
OF THE SECOND PART,
oration has passed By-law No. 2~nd~r 'I e Power ConmmissionatActtR.S O t1960~ChPtern300r and
WHEREAS the Corp oses
lighting of streets in the Township, and the Commissmn acting
amendments thereto (hereinafter called "the said Act") is willing to enter into a contract with the Corporation for suc pure
upon the terms and conditions herinafter appearing; arties hereto
NOW THEREFORE THIS AGREEMENT WI'rNESSETH that for the considerations herein contained the p
covenant and agree as follows:
1, For the purposes of this Agreement, the lighting of anY street in the Township and the number of lights on the street may e
mutually agreed upon between the Commission and the Corporation from trine [o lane.
Z, THE COMMISSION AGREES: maintain, operate and adm oi~r)alaIIwdo~e
(a) Oa behalf of the Corporation, to acquire, construct, install, extend, reconstruct, '
unless otherwtse agreed upon between
necessary for the lighting of any street referred to in clause 1 (which works are hereinafter called "street lighting
said services agreed to be performed by the Commission shall include the replacement of lamps, reement.
the parties from time to time.
(b) To supply all electrical power required for the lighting of streets in the Township under this
3. THE CORPORATION AGREES: meats, all cost of street lighting incurred by flee Commission under clauses 2.(a)
which cost shall be determined by the Commisston, and without limning the generality of the foregoing the provisions o
(a) To pay to the Commission, by annual pay
and 2.(b), an municipality that has entered into a contract with the
Pazt H of the said Act with respect to the annual payments to be made by, y
Commission shall apply to this Agreement, and shall extend to a fo the perform ace of efs obligations under this Agreement.
(b) To permit the Commission to occupy and use anY streets that are within the Township and under the jurisdiction of the
Corporation, to such extent as the Commission deems necessary a able by the Corporation to the Commission under this
q, The Commission shall, at least annually, determine the amounts p Y
Agreement.
5, All amounts payable by the Corporation to the Commission under this Agreement shall be paid in accordance with bi s
rendered by the Commission from time to fime. Every bill shall be paid within the penod of thirty (30) days next-following the a
days after the date thereof, or if the
of the bIll, and in default th er annuain pIf any tbillaremainseunpa dfor more than tAlui ya (30) is in arrears shall bear interest at t e
without notice and without incturing
rate of five per cent (5%) P other obligation under this Agreement, the Commission may,
Corporatron fails to perform any doing, discontinue the supply of electrical power under this Agreement, and shall not be~ment.
any liability to the Corporation by so
suchsd scontinuance by the Commission shall relieve the Corporate n from theeperformance of any obligationsunder this Agr be. o
maintenance and operation of street lightmg works on that street, the
6, Where the Corporation desires street lighting on any street within the Township butt oio the street untihthe perm teshall have
lion, and where a permit is required by law for the installation,
Corporation shall, at its own expense, obtain the permit, and this Agreement shall not app y
been issued.
7. If at any time the Commission is prevented from performing anY obligation under this Agreement by reason of strike, loc ou ,
riot, fire, hurricane, flood, invasion, explosion, act of God, the Queen's enemies, legal acts of the public authonties or any other cause
then the Commission shall not be requued to perform such obhgatron during such time, butt e
beyond the Commission's control, erformance of any obligation under this Agreement. The Commission vnll exercise its
Corporation shall not be relieved from the p
best endeavours to overcome the cause of prevention as expeditiously as possible. ower hereunder to such extent as the
ose of safeguarding life or property, or for the purpose of construction, maintenance,
g. The Commission shall have the right at any time t vdtlkonh nay works olf theeCommission for the supply of such power. The
Commission may deem necessary for the pure
operation, replacement or extension of any street lighting ,
Commission will endeavour to limit the duration of such interruptions of power supply so far as it is feasible to do so, an to gtve
consequence tof the intebruptions or fa lureeto givef~notice thereof.tNoasuch discos lmuance by the Comhmission shall~el'ieve the
Corporation from any obligation under this Agreement.
eazs commencing on the date thereof, ~~ by atllea~t s°x (6)
q This Agreement shall be in force during the period of five (5) y
force thereafter from year•to year, but it may be terminated at any time after the said penod of five (5) Y
months' prmr notice in carding from either the Commission or the Corporation to the other.
10. This Agreement shall extend tc, be binding upon and enure to the benefit of the successors and assigns of the Commission
and the Corporation, respectively. of its Corporate Seal
Bement to be
IN WITNESS WHEREOF the Corporation has caused this Agreement to be executed by the afliung
attested by the signatures of its proper officers duly authorized in that behalf and the Commission has caused this Agr
executed by the hand and seal of its Area Manager duly authorized in flint behalf. ER COMMISSION
THE CORPORATION OF THE TOWNSHIP OF THE HYDRO-ELFUFROINfP
n A ri ~, z rr s i n rr..._......:_ _....._ ....._......
_... ,
J
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--~L/Y1.:...... ... .
~~~~~~~~~~~ Reeve
..~..:-: .::C .:.............
~~:: G ~~2:LS~:t.1.~'.'.~`.~ ..................Clerk
G(r ...................
.........Area Manager
(CORPORATE REAL OF MUNICIPALITY)
32034-CC
f REV. 4-64 )
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