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HomeMy WebLinkAboutBy-law 2541 BY-L~.W NO. OF THE CORPOP~%TION OF THE T0%,~SHIP OF PICKERING BEING a By-lm¢ to authorize the Corporation to enter into a contract with The Hydro-Electric Power Co~zission of Ontario for the lighting of streets in the Township. The council of the Corporation of the Township of Picketing enacts aa 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 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 of the Registered Plans MI1, M12, M13~ MI~, Ml%, M16, MI?, M18, M19, M20, Township of Picketing. 4. That/co% 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. That2~% of the cost incurred by the Corporation under the said contract shall be paid by the Corporation at large. Dated and finally passed this y~ day biZ t rttmtnt maae in triplicate this ~. ~-~ aay 0~~~ A.D. 1~ 60. BE~EEN~ T~ HYD~O-ELEG~IG POWE~ COMMISSION OF ONTA~IO~ hereinafter called ~the Commission" OF ~ FIRST PA~T, T~ CO~TION OF T~ TOWNSH~ OF ................................ ~.~.~ ............................................................ hereinafter called "the Corporation" OF T~ SECOND PART~ WHEREAS the Corporation has passed By-law No. ~ ~ for entering into a contract with the Commission for the lighting of sffeets in the Township and the Commission acting under the ]Power Commission Act, R.S.O. 1950 Chapter 281, and amendments thereto (hereinafter cai ed "the said Act") is willing to enter into a contract with the Corporation for such purposes upon the tcrms and conditions hereinafter appearing; NOW TIIEREFORE THIS AGREEMENT WITNESSETH that for the considerations herein contained the parties hereto 1, For tbepurposes of this Agreement, the lighting of any street in the Township and thc mnnber o~ lights on the street may be mutually agrecdupon between the Commission and thc Corporation from time to time. 2. THE COMMISSION AGREES: (al On behalf of the Corporation, to acquire, construct, install, extend, reconstruct, maintain,,,operate and administ,e,r ail works necessary for the lighting of any street referred to in clause i (which works are hereinafter called street lighting works' ), and the said services agreed to be performed by the Commission shall indlude the replacement of lamps, unless otherwise agreed upon between the parties from time to time. (b) To supply all electrical power required for the lighting of streets in the Township under this Agreement. 3. THE CORPORATION AGREES: (al To pay t6 the Commission, by annual payments, all cost of street lighting incurred by the Commission nndcr clauses 2. a) and 2.(b) which cost shaB be determined by the Commission, and without limiting the generality af the ~oregoing thc provisions of Part II of the said Act with respect to the annual payments to be made by any municipality that has entered into a contract with tile Commission shall apply to this Agreement, and shallextend to all street lighting works hereunder; (b) To permit tile Commission to occupy and usc any streets that are within the Township and nnder the jurisdiction of tide Corporation, to such extent as the Commission deems necessary for the pcrfimnance of its obligations under this Agreement. 4. The Commission shall, at least annually, determine thc amounts payable by the Corporatinn to the Commission under this Agreement. 5. All amounts payable by the Corporation to the Commission under this Agreement shall be paid in accordance with bills rendered hy the Commission from time to time, Every bill shall h-~ paid within theperiod of thirty (30) days next-following the date of the bill, and in defaolt thereof that poyment shall be deemed to be in arrears. All payments in arrears shall bear interest at the rate of five per cent (5%) per annum. I{ any bill remains unpaid for more than thirty (80) days after the date thereof, or if the Corporation fails to perform any other obligation nnder this Agreement the Commission may, without notice and without incurring any liability to the Corporation by so doing, discontinue the supply of electrical power under this Agreement, and shall not be bound to resmne such supply untit the Corl~ration shall have paid the said hill, or performed the said obligation, as the case may be. No such discontinuance hy the Commission shall relieve the Corporation from tide performance of any obligation under this Agreement. 6. Where the Corporation desires street lighting on any street within the Township but not under the jurisdiction of the Corpora- lion, and where a permit is xeqnired by law for the installation, maintenance anti operatinn of street lighting works on that street, the Corporation shall at its own expense, obtain the permit, and this Agreement shall not apply to the street until the permit shall }lave been issued. 7. If at any time the Commission is prevented from performing any obligation under this Agreement by reason of strike, ]ocko~tt, riot, fire~ httr~ricane, flood, invasion, explo~ion, act of God, the Queen's enemies, legal acts of the pnhlic attthoritles or any other cause beyond tile Commission's control, then the Commissinn shall not be reqnired to perform such obligation during such time, but the Corporation sha]I not be relieved from the performance of any obligatinn under this Agreement. The Commission will exercise its best vndeavm~rs to overcome the cause of prevention as expeditiously as p{~ssible. 8, The Commission shall have the right at any time to discontinue tile supply of electrical power heretmder to such extent as the Cognmission may deem necessary for the purpose of safeguarding life or ~roperty or for the purpose of construction maintenance, operation, replacement or extensiou of any street lighting works or any ~orks of the Commission for the supply of such power. The Commission will endeavonr to limit the duration of such interruptions of power supply so far as it is feasible to do so, and to giw, thc Corporation reasonahle notice in advance thereof, but in no event shall the Commission incur any liability to the Corporation in consequence af the interrnpfions or failure to give notice thereof. No such discontinuance by the Commission shall relieve the Corporation from any obligation under this Agreemer~t, 9. This Agreement shall be in force during the period of five (5) years connnencing on the date thereof and it shall continue in force thereafter from year to year, but it may be terminated at any time after the said period of five (5) years by at least six months' prior notice in writing from either the Commission or the Corporation to the othe~. 10. This Agreement shall extend to, be binding upon and entire to the benefit of the successors and assigns of the Commissinn and the Corporation, respectively. IN WITNESS WHEREOF the Commission and the Corporation have eansed this Agreement to be executed by tide atfixing THE CORPORATION OF THE TOWNSHIP OF THE HYDRO-ELECTRIC POWER COMMISSION .~ ONTARIO ...................................................................................................................................................................................... ...