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HomeMy WebLinkAboutBy-law 2494 OF THE CORPOP~%TION OF THE TO%,~NSHIP OF PICKERING BEING a By-lm~ to authorize the Corporation to enter into a contract with The Hydro-Electric Power Co~ission of Ontario for the lighting of streets in the Township. The council of the Corporation of the Towns~p of Picketing enacts as follmcs: 1. That the Corporation do enter into a contract ~iWith The Hydro-Electric Power Commission of Ontario for the lighting of streets in the Township~ a copy of which --contract is attached to and forms part of this By-law. 2. That the Reeve and the Clerk of the Township 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 all that area ln the Township of Pickering as shown outlined in red on the attached plant marked Exhibit 'A' and known as the Hamlet of Brougham. That $~ % of the cost incurred by the Corporation  under the said contract shall be assessed and levied on the rateable property in the said area. That ,,~ % of the cost incurred by the Corporation underthe said contract shall be paid by the Corporation at large. Dated and finally passed this / ~ day Clerk i~lji~ ~reement made in triplicate this / ~ day of BETWEEN: THE HYDRO-ELECTRIC POWER COMMISSION OF ONTARIO, hereinafter called "the Commission" OF THE FIRST PART, -- and -- TIlE CORPORATION OF THE TOWNSHIP OF .......~[.(~J~k]~[~5I~ .................................................................................... hereinafter called "the Corporation" OF THE SECOND ]PART, WltEBEAS the Corporation has passed By-law No..,~f~;~ for entering into a contract with the Commission for the lighting of streets in tile Township, and the Commission acting under Tile Power Commission Act, R.S.O. lOSO, Chapter 281, and amendments thereto (hereinafter called "the said Act") is willing to enter into a contract with the Corporation for such purposes upon the terms and conditions hereimffter appearing; NOW THEREFORE TltlS AGREEMENT WlTNESSETH that for the considerations herein contained the parties hereto covenant and agree as follows: 1. For tile purposes of this Agreement, the lighting of any street in the Townsbip and the number of lights on the street may be mutually agreed upon between the Commission and the Corporation from time to tinre. 2. The Corporation shall, at its own expense, provide all works necessary for the lighting of any street referred to in clause l, which works are hereinafter called "street lighting works". 8. Upon request uf thc Corporation, thc Commission may, on behalf of tile Corporation, acquire and install any street lighting works, and all cost incurred by thc Commission under this clause shall be payable by the Corporation to the Commission as provided in clm~se 7. 4. THE COMMISSION AGREES: (a) To supply all electrical power required for thc lighting of streets in thc Township trader this Agreement; (b) On behalf of the Corporation, to maintain, operate, repair, replace, renew and administer all street lighting works, which services shall include thc rcplaee~nent of lamps, unless otherwise agreed upon between the parties from time to time. 5. THE CORPORATION AGREES: (ti) To pay to tbe Commission all cost, tis determined by thc Conunission of supplying electrical power and of the services rendered to the Corpm'ation under clauses 4.(a) and 4.(b), respectively, and without limiting the generality of the foregoing the provisions of Part It of the said Act with respect to the annual payments to be ~nade by any municipality that has entered into a tontract with thc Commission shall apply to this Agrccmcnh except i~ respect of the capital cost of the street lighting works; (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 tile Comnlission deems necessary for the performance of its obligations under this Agreement. 6. . Thc Connnission shall, at least annually, deternlinc tile atnDItnts payahle by thc Corporation to thc Conlulission under clause 5.(a). 7. All amolmts payabh hy thc Corporation to thc Commission under this Agreement shall be paid in accordance witb bills rendered by thc Connnission from time to time. Every bill shall he paid within thc period of thirty (80) days next-following the date of the bill, and in defauk thereof that payment shall be deenlcd to he in arrears. Al/ paylnents ii1 arrears shall bear interest at the rate of five per cent (5%) per annum. If any bill remains unpaid for more than thirty ($0) days after thc date t creel, or if the Corporation fails to perform any other obligation under this Agretuuent, the Connnission nlay. without notice and without incurring - any liability to thc Corponltion ]~y so doing, discontinue the supply of electrical power under this Agrcem ~nt,; nd si a I not be t et nd to resume such sopply nntil the Corporation shall have paid the s[tid hill, or performed thc said obligat!on, ;is the t'asc may he. No g. \Vhcrc the Corporation desin~s street lighting on any street within the Township but not under the inrisdiction of the Corpora- been issued. riot, fire, hurri&mc, flood, invasion, cxpklsion, act of God, the Queen's e'ncmics, legal acts of the public authorities or any other cause beyond the Conmlission's control, then the Commission shah m)t be lcquirt, d to perform such obligation during such time, hut the Corponltion shall not be relieved h'mn the performance of any ohligati(m under this Agreement The Commission will exercise its best i0. Tile Conlnlissitm shall have tile right ;It any time to discontinue tile supply of electrical power hereunder to suctl extent as operation, replacement or extension of any street lighting works or any works of the Commission for the supply of such power. The Commission will cndt,avour to limit thc duration of such interruptions of power supply so far as it is feasible to do so, and to give the Corporation frown any ohligation under this Agreement 11. All street lighting ~w>rks pmvkled by thc Corporation or installed by tile Commission under this Agreement Mm]l he the property of the Corporation, hut the Commission shallhave a lien thereon for any monies expended by the Commission hereunder anJnot repaid to it. 12. Thc Corporation shall indemnify the Commission and saw~ it harndess from all claims or demands for loss damage or in ury to property or !x, rsons (including loss {If life, hut excepting the officers, servants and agents of the Cmnmission) caused by or resulting from any street lighting works undt~r this Agreement, or the installation, maintenance or operation thereof, except to the extent that such loss, damage or iniury is caused tlr contributed to hy the ncgligencc of the Cmnmission or any of its officers, servants or agents. 18. This Agreement shall be in force during the period nf five (5) years commencing on the date thereof, and it shall continue in force thereafter from year to )'ear, but it may be terminated at any time after the said period of five (5) years by at least six (6) months' prior notice in writing from either the Commission or the Corporation to the other· 14. This Agreement shall extend to, be binding upon and chute to the benefit of the successors and assigns of the Cmnmission and the CorI~ration, respectively. IN WITNESS ;VHEREOF the Commission and the Corporation have caused this Agreement to be executed by the affixing of their corporate seals attested by the signatures of their proper officers duly authorized in that behalf. THE CORPORATION OF THE TOWNSHIP OF THE HYDRO-ELECTRIC ~OWER COMMISSION O~'O'I~'T A R I O .............. --  Secretary CI · .A