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HomeMy WebLinkAboutBy-law 2823/88 THE CORPORATION OF THE TOWN OF PICKERING BY-LAW NO.2823 /88 Being a by-law to authorize the execution of an Agreement between The Corporation of the Town of Picketing and Enershare Technologies Inc. respecting the purchase and sale of natural gas for the Town's use. WHEREAS, pursuant to the provisions of section 150 of the Municipal Act, R.S.O., c.302, The Corporation of the Town of Picketing may enter into a contract for the supply of any service of a public utility to the Corporation for its use for such term of years as the Ontario Municipal Board may approve; NOW THEREFORE, the Council of The Corporation of the Town of Picketing HEREBY ENACTS AS FOLLOWS: 1. The Mayor and Clerk are hereby authorized to execute an Agreement, in the form attached hereto as Schedule A, between The Corporation of the Town of Picketing and Enershare Technologies Inc. appointing that company as the Town's agent for the purposes of contracting for the supply of natural gas to the Corporation for a period of time commencing August 1, 1988, or so soon thereafter as lawfully and practicably possible, and ending December 31, 1993. 2. Schedule A hereto forms part of this by-law. 3. This By-law shall take effect only upon the approval of the Ontario Municipal Board to the undertaking and to the term of years of the contract having been obtained o BY-LAW read a first, second and third time and finally passed this 27th day of June, 1988. SCHEDULE A Memorandum of Agreement dated this 27th day of June, 1988. BETWEEN: THE CORPORATION OF THE TOWN OF PICKERING herein called the "Town", OF THE FIRST PART, and ENERSHARE TECHNOLOGIES INC. herein called "Enershare", OF THE SECOND PART. 1. For valuable consideration, more particularly set out in 6, below, the Town hereby appoints Enershare as the Town's agent for the purposes of all matters relating to the arrangements (herein called the "Buy/Sell Arrangements") pur- suant to which one or more parties, including the Town, are to purchase gas from a gas producer, sell gas to The Consumers' Gas Company Ltd. (herein called "Consumers' Gas") and re-purchase gas from Consumers' Gas for the Town's corporate consumption, including the negotiation, establishment, docu- menting, implementation, operation, performance, amendment and termination of the Buy/Sell Arrangements and all matters relating or incidental thereto, so long as the Buy/Sell Arrangements shall not commit the Town, (a) to any expenditure other than for the purchase of gas for its own corpo- rate consumption; or (b) to purchase more than 1,000,000 cubic metres of gas during any period of twelve consecutive calendar months. 2. Consumers~ Gas and the gas producer shall be entitled to rely upon any act or thing done, or document executed, by Enershare as the Town's agent, in connection with or arising out of the Buy/Sell Arrangements and all matters relating or incidental thereto in the same manner and as though such act or thing had been done, or such document executed, by the Town. 3. (1) The provisions hereof shall be binding upon the Town and shall enure to the benefit of Consumers' Gas and its successors and of the gas producer and its successors, and shall continue in effect until December 31, 1993, or until written no[ice of earlier termination is received by Consumers' Gas and the gas producer. (2) No act or thing done, or document executed, by Enershare as the Town's agent prior to the receipt of any such notice of termination shall be affected by such notice. 4. The Town acknowledges that if Consumers' Gas enters into an agreement pursu- ant to which Consumers' Gas agrees to purchase volumes of gas which are in whole or in part referable to or based upon volumes of gas purchased or antic- ipated to be purchased from Consumers' Gas by the Town (herein called the "Town's Gas Volumes"), then so long as such agreement is in effect, Consum- ers' Gas will not enter into any other agreement providing for the purchase from the Town or the transportation for the Town by Consumers' Gas of vol- umes of gas referable to or based upon the Town's Gas Volumes. 5. Enershare shall, from time to time, and at any time upon request by the Town, provide to the Town the name of each gas producer with which it has entered into Buy/Sell Arrangements as the Town's agent and the addresses of each gas producer and of Consumers' Gas to which any notice of termination under 3(1) is to be sent. 6. From time to time, but at least once in 1988, twice in each of 1989, 1990, 1991, 1992 and 1993, and once in 1994, Enershare shall pay to the Town an amount equal to 50% of the difference between the cost of purchasing from the gas producer and the price of selling to Consumers~ Gas the volumes of gas actually consumed by the Town since the date of implementation of the Buy/Sell Ar- rangements, or the date of the last payment, whichever last occurred, less Enershare's reasonable administration costs. 7. This appointment shall be governed by the laws of the Province of Ontario. SIGNED, SEALED & DELIVERED THE CORPORATION OF THE TOWN OF PICKERING ~uce Taylor/ Cl~k ENERSHARE TECHNOLOGIES INC. THE CORPORATION OF THE TOWN OF PICKERING BY-LAW NO~2823 /88 Being a by-law to authorize the execution of an Agreement between The Corporation of the Town of Picketing and Enershare Technologies Inc. respecting the purchase and sale of natural gas for the Town's use. WHEREAS, pursuant to the provisions of section 150 of the Municipal Act, R.S.O., c.302, The Corporation of the Town of Picketing may enter into a contract for the supply of any service of a public utility to the Corporation for its use for such term of years as the Ontario Municipal Board may approve; NOW THEREFORE, the Council of The Corporation of the Town of Picketing HEREBY ENACTS AS FOLLOWS: 1. The Mayor and Clerk are hereby authorized to execute an Agreement, in the form attached hereto as Schedule A, between The Corporation of the Town of Picketing and Enershare Technologies Inc. appointing that company as the Town's agent for the purposes of contracting for the supply of natural gas to the Corporation for a period of time commencing August 1, 1988, or so soon thereafter as lawfully and practicably possible, and ending December 31, 1993. 2. Schedule A hereto forms part of this by-law. 3. This By-law shall take effect only upon the approval of the Ontario Municipal Board to the undertaking and to the term of years of the contract having been obtained. BY-LAW read a first, second and third time and finally passed this 27th day of June, 1988. E 881082 Ontario Ontario Municipal Board Commission des affaires municipales de I'Ontario IN THE MATTER OF Section 64 of the Ontario Municipal Board Act, (R.S.O. 1~0, c. 34/ as amended) - and - IN THE MATTER OF an application by The Corporation of the Town of Picketing for an order approving the entering into a proposed agreement between the applicant and Enershare Technologies Inc. with respect to the Town purchasing natural gas from the gas producer, sell gas to the Consumers' Gas Company Ltd. and re-purchase gas from Consumers' Gas for the Town's corporate consumption for a period of five and one half years, commencing on the 1st day of August, 1988 and terminating on the 31st day of December, 1993 and the disbursement of sums of money payable /~ thereunder, all in accordance with such proposed agreement annexed hereto as Schedule 'A" H.E. STEWART ~' Chairman Friday, the 12th day - and - of August, 1988 P.H. HOWDEN Member THE BOARD ORDERS that this application be granted and that the applicant may enter into such agreement, provided that the Council of the applicant corporation in exercising any power approved by this order shall comply and conform with all statutory and other legal requirements related thereto. ENTERED ° D' N°"'~'~""~" ...... ~ E 881082 Ontario Ontario Municipal Board Commission des affaires municipales de I'Ontario SCHEDULE 'A' to the order of the Ontario Municipal Board made on the 12th day of August, 1988 SECRETARY A copy of the proposed agreement to be entered into by The Corporation of the Town of Pickering with Enershare Technologies Inc.. SCHEDULE A Memorandum of Agreement dated this 27th day of June, 1988. BETWEEN: THE CORPORATION OF THE TOWN OF PICKERING herein called the "Town", OF THE FIRST PART, and ENERSHARE TECHNOLOGIES INC. herein called "Enershare", OF THE SECOND PART. 1. For valuable consideration, more particularly set out in 6, below, the Town hereby appoints Enershare as the Town's agent for the purposes of all matters relating to the arrangements (herein called the "Buy/Sell Arrangements") pur- suant to which one or more parties, including the Town, are to purchase gas from a gas producer, sell gas to The Consumers' Gas Company Ltd. (herein called "Consumers' Gas") and re-purchase gas from Consumers' Gas for the Town's corporate consumption, including the negotiation, establishment, docu- menting, implementation, operation, performance, amendment and termination of the Buy/Sell Arrangements and all matters relating or incidental thereto, so long as the Buy/Sell Arrangements shall not commit the Town, (a)to any expenditure other than for the purchase of gas for its own corpo- rate consumption; or (b) to purchase more than 1,000,000 cubic metres of gas during any period of twelve consecutive calendar months. 2. Consumers' Gas and the sas producer shall be entitled to rely upon any act or thing done, or document executed, by Enershare as the Town's agent, in connection with or arising out of the Buy/Sell Arrangements and all matters relating or incidental thereto in the same manner and as though such act or thing had been done, or such document executed, by the Town. 3. (1) The provisions hereof shall be binding upon the Town and shall enure to the benefit of Consumers' Gas and its successors and of the gas producer and its successors, and shall continue in effect until December 31, 1993, or until written notice of earlier termination is received by Consumers' Gas and the gas producer. (2) No act or thing done, or document executed, by Enershare as the Town's agent prior to the receipt of any such notice of termination shall be affected by such notice. 4. The Town acknowledges that if Consumers' Gas enters into an agreement pursu- ant to which Consumers' Gas agrees to purchase volumes of gas which are in whole or in part referable to or based upon volumes of gas purchased or antic- ipated to be purchased from Consumers' Gas by the Town (herein called the "Town's Gas Volumes"), then so long as such agreement is in effect, Consum- ers' Gas will not enter into any other agreement providing for the purchase from the Town or the transportation for the Town by Consumers' Gas of vol- umes of gas referable to or based upon the Town's Gas Volumes. 5. Enershare shall, from time to time, and at any time upon request by the Town, provide to the Town the name of each gas producer with which it has entered into Buy/Sell Arrangements as the Town's agent and the addresses of each gas producer and of Consumers~ Gas to which any notice of termination under 3(1) is to be sent. From time to time, but at least once in 1988, twice in each of 1989, 1990, 1991, 1992 and 19930 and once in i994, Enershare shall pay to the Town an amount equal to 50% of the difference between the cost of purchasing from the gas producer and the price of selling to Consumers' Gas the volumes of gas actually consumed by the Town since the date of implementation of the Buy/Sell Ar- rangements, or the date of the last payment, whichever last occurred, less Enershare~s reasonable administration costs. 7. This appointment shall be governed by the laws of the Province of Ontario. SIGNED, SEALED & DELIVERED THE CORPORATION OF THE TOWN OF PICKERING ENERSHARE TECHNOLOGIES INC.