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HomeMy WebLinkAboutBy-law 226/75THE CORPORATION OF THE TOWN OF PICKERING BY-LAW NUMBER 226/75 Being a by-law of the Corporation of the Town of Pickering to authorize a Franchise Agreement between the Corporation of the Town of Pickering and The Consumers' Gas Company THE COUNCIL OF THE CORPORATION OF THE TOWN OF PICKERING ENACTS AS FOLLOWS: 1. That the proposed franchise agreement with The Consumers' Gas Company be and the same is hereby approved and authorized and the franchise provided for therein granted. 2. That the Mayor and Administrator-Clerk are hereby authorized and instructed on behalf of the Corporation to enter into and execute under its Corporate seal and deliver the aforesaid agreement annexed hereto which agreement is hereby incor- porated into and shall form part of this by-law. 3. This By-law shall not come into force and take effect unless and until (a) The assent of the electors of the Town of Pickering has been obtained thereto pursuant to subsection 1 of section 3 of The Municipal Franchises Act, or until such assent has been dispensed with by order of the Ontario Energy Board pursuant to The Municipal Franchises Act subsection 4 of section 9 (b) the terms and conditions upon which and the period for which, such franchise is to be granted, have first been approved by the Ontario Energy Board as provided in section 9 of The Municipal Franchises Act. The Corporation of The Town of Pickering By-Law Number 226/75 - 2 - By-law read a first and second time this 4 day of 14 May, 1975. By-law read a third time and PASSED as amended by order of The Ontario Energy Board, E.B.A. 175, this /1,4X day of .1976. Mayor ? \_av;IMA/lalwj! Clerk THIS AGREEMENT made the I( { day of- 914 ? 19 w BETWEEN: THE CONSUMERS' GAS COMPANY hereinafter called the "Company" OF THE FIRST PART and THE CORPORATION OF THE TOWN OF PICKERING hereinafter called the "Municipality" OF THE SECONn PART WHEREAS the Company desires to distribute and sell gas (which term shall mean and include natural gas, manufactured gas, synthetic gas, or liquified petroleum gas, and includes any mixture of natural gas, manufactured gas, synthetic gas, or liquified petroleum gasNhat is distributed by means other than a pipe line) in the Municipality upon the terms and conditions hereinafter set forth. * but does not include a liquified petroleum gas AND WHEREAS by By-law passed by the Council of the Municipality with the requisite assent thereto of the Ontario Energy Board, the Mayor and Clerk of the Municipality have been authorized and directed to execute, seal and deliver this Agreement on behalf of the Municipality. NOW THEREFORE THIS AGREEMENT WITNESSETH that for valuable consideration, (the receipt and sufficiency of which is hereby acknowledged) 1. The consent, permission and authority of the Municipality are hereby given and granted to the Company, to supply gas to the Municipality and to the inhabitants thereof and to enter upon all highways now or at any time hereafter within the jurisdiction of the Municipality and to lay, maintain, operate and repair such mains and pipes as the Company may require therein and thereon for the transmission and supply of gas in and through the Municipality 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 connection with the transmission and supply of gas in the Municipality. 2. The Company shall well and sufficiently restore forthwith to as good condition as they were in before the commencement of the Company's operation to the satisfaction of the Municipal Engineer (which term means from time to time such employee Of tile Municipality as the Municipality shall have designated as such forthe purposes of this Agreement, or failing such designation, the senior employee of the Municipality for the time being charged with the administration of public works and highways in the Municipality) all highways, squares and public places which it may excavate or interfere with in the course of laying, constructing, or repairing or removing of its mains. pipes, regulators, valves, curb boxes, safety appliances and other appurtenances and shall make good any settling or subsidence thereafter 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 Municipality 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 Municipal Engineer. 3. The Company shall at all times wholly indemnify the Municipality from and against all loss, damage and injury and expense to which the Municipality may be put by reason of any damage or injury to persons or property resulting from the imprudence, neglect or want of skill of the employees or agents of the Company in connection with the construction, repair, maintenance or operation by the Company of any of its works in the Municipality. •064.02 In cv .9115.) 4. Except in the event of emergency no excavation, opening or work which shall disturb or interfere with the surface of any highway shall be made or done unless a permit therefor has first been obtained from the said Municipal Engineer and all such works shall be clone 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 Municipal 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 work in the said Municipality under this Agreement, save and except lateral service pipes, shall file with the Municipal 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 ol'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 Municipality of all extensions of, or additions to such mains, pipes, or works before any such extensions or addition shall be begun. Provided further that the Company shall provide the Municipal Engineer with a revised plan of the location of any main should there be any alteration in the plan originally filed with the Municipal Engineer. 7. 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. 8. The rates to be charged and collected and the terms of service to be provided by the Company for gas supplied by it under this franchise shall be the rates and the terms of service approved or fixed by the Ontario Energy Board or by any other person or body having jurisdiction to approve or fix such rates or terms of service. Any application to approve or fix rates to be charged and collected or terms of services to be provided by the Company for gas supplied by it shall be made in accordance with The Ontario Energy Board Act, R.S.O. 1970, Chapter 312, as amended from time to time or any other statute regulating such application. 9. The Municipality will not build or permit any Commission or other public utility or person to build any structure or structures encasing any mains or pipes of the Company. 10. (a) This Agreement and the respective rights and obligations hereunto of the parties hereto are hereby declared to be subject to the provisions of all regulating statutes and to all orders and regulations made thereunder and from time to time remaining in effect; and in 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 such parties of any of the provisions hereof or as to the respective rights and obligations of the parties hereto hereunder, either or such parties may refer such dispute or disagreement to arbitration under the provisions of Paragraph 10 (b) hereof. (b) Whenever The Municipal Arbitrations Act R.S.O. 1970, Chapter 287 shall extend and apply to the Municipality any references to arbitration pursuant to the provisions of Paragraph 10 (a) hereof shall be to the Official Arbitrator appointed under the Act and shall be governed by the provisions of that Act. At any other time the procedure upon an arbitration pursuant to the provisions of the said Paragraph 10 (a) shall be as follows: Within 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.O. 1970, Chapter 25 as from time to time amended, or any Act in substitution therefor. The decision of the said arbitrator or arbitrators (or of a majority of such arbitrators) shalt be final and binding on the parties hereto. 11. In the event of the Company being prevented from carrying out its obligations under this Agreement by reason of any cause bevond its control, the Company shall be relieved from such obligations while such disability continues and in the event of dispute as to the existence of such disability such dispute shall be determined as hereinbefore provided. Provided, however, that the provisions of this Paragraph I 1 shall not relieve the Company from any of its obligations as set out in Paragraph 3 hereof. •081.021e[v A116.1 T 12.(a) The franchise hereby granted shall be for a term commencing with the final passing of the by-law and ending on the 9th day of October, 2010. 12.(b) If at any time prior to the expiration of the term of this Agreement or any renewal thereof, the Company shall notify the Municipality in writing that it desires a renewal thereof for a further period, the Municipality may but shall not be obliged to renew by by-law the Agreement from time to time for further periods not exceeding thirty-five years at any time. 13. The Company shall pay the cost, charges and expenses of the Municipality and of its Solicitor of and incidental to, the preparation and passing of such By-law and this Agreement. 14. For the purpose of this Agreement and of any matters arising out of same the Municipality shall act by the Council thereof. 15. Wherever the word "highway" is used in this Agreement or in the said By-law it shall mean common and public highways and shall include any bridge forming part of a highway on or over and across which a highway passes and any public square, or road allowance and shall include not only the travelled portion of such highway but also ditches, driveways, sidewalks and sodded areas forming part of the road allowance. 16. 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 highway. Provided that forthwith upon the expiration of this franchise or any renewal thereof the Company shall deactivate such pipeline in the Municipality. Provided further that if the Company should leave its mains, pipes, plants ai.d works in the highway as aforesaid and the Municipality at any time after a lapse of one year from termination require the removal of all or any of the Company's said facilities for the purpose of altering or improving the highway or in order to facilitate the construction of utility or other works in the highway the Municipality may remove and dispose of so much of the Company's said facilities as the Municipality may require for such purposes and neither party shall have recourse against the other for any loss, cost or expense occasioned thereby. 17. Any notice to be given under any of the provisions hereof may be effectually given to the Municipality by delivering the same to the Municipal Clerk or by sending the same to him by registered mail, postage prepaid, addressed to "the Clerk of the Corporation of the Town of Pickering 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 Town of Whitby , or by sending the same by registered mail, postage prepaid, addressed to "The Consumers' Gas Company, 19 Toronto Street, Toronto, Ontario M5C 2E8." If any notice is sent by mail the same shall be deemed to have been given on the day succeeding the posting thereof. 18. This Agreement shall extend to, benefit and bind the parties thereto, their successors and assigns, respectively. IN WITNESS WHEREOF the said Company has hereunto caused its Corporate Seal to be affixed and these presents signed by its proper officers in that behalf and the said Corporation has hereunto caused its Corporate Seal to be affixed and these presents signed by the Municipality and Clerk. THE CONSUMERS' GAS COMPANY THE CORPORATION OF THE -tWA- OF mOaA.oz ?nEV S7>e.? r4 H x lD n 0 ° G m n 7 m N n 0 ro ca O H r- 0 r- rt 0 n m M 0 ri ?4 HHH Lo> vi O 4a (n pl H xoU'trnd N r x r•_ w 0 rt W O G H tQ O (D H H o N rt rtn ka a ° o p H- rrr , o, z ° $ () O sn tD (D N (n 0 r- Co rr rr n m n r- (D rt O H FS U] N T a z n 2 N m G) m m m 3 m z 'q "QLI C'.3e) ZO-190. S fD N n n o .? C O C1 ? ° O n n a• La 0 o m . H tb G r D N N J