HomeMy WebLinkAboutBRU 1936 546 Agreement with Hydro-Electric Power Commission of OntarioI
TKI S AGREEMENT made in duplicate
20f,h day of 00triber A.D. 193 6 *,
W
THE EMESO-ELBOTRIO POWER 00MMISSION OF ONTABIO
herein called the mOMMEM"l-
Of The First Part
THE MVNICIPAL CORPORATION OF THE TOWNSHIP OF
hereia called the "CORPORATI V
Of send Part
WHEREAS pursuant to the Power Commfosion Aot R,S.Q, 1927
Chapter 57 and amendments thereto (hereinaftor referred to as the
"said Act") and more particularly the provisions relating to Bural
Power Districts the Corporation has applied to the Commission
for the supply and distribution by the Commission of electrical
power or energy in the Township and the Commission is willing
to enter into agreement with the Corporation therefor;
ARD WHEREMS the Cornell Of the Corporation has passed
aw No. 546 authorizing the entering Into such agreement
the execution of the same on behalf of the Corporation;
NOW THEREFORE THIS INDENTURE WITNESSETH that subject
0 the said Act and for the considerations heraln oontained,
he parties hereto covenant, promise and agree as follows:-.
TER COMMISSION AGREES:
(S) to reserve and deliver for the purpose of this agreement
otrical power or energy to the Corporation and to Customers
hln the Township who have entered into contract with the
I/��
firma a approve e f:,rar¢s¢r by thl o sion for a sup
ply aaofpp y m
ll o l power or energy, such CuMomers being hereinafter
ina,f"ter°
rg o as "Customers" which term shall also be deemed to
e the Corporation wherever the Commission rfek.asers
'I trim'aal power or energy direct to the Corporation;
(b) to supply, construct ani install all works on
he highways whr.iule the 4Cerrrerissrion may ci eerr necessary for the
agply and delivery of 'the Plactr d eil power or energy C°rcrra
he Commission's 'point of supply for the Corporation to the
mirnCof delivery herein dofineed as e the point on the Commission's
r° r smiss'ion line ^ ca,Crirosite the premises of the Customer or
ar,ta point, or points as the Commission may approve;
(a) to operate, maintain, r^m.r,ew, :insure and ardminlater
am said works;
( ) A render bills to the Cu.stomors. at rates fixed
r the 0Qa?k711Ission, and 0 rncp!7e from the l<i.a,;.,i,nixae'ras all monies
ra, for elect&W Ecrylue rendered under this sgreement,
(e ) to keep a rs cr sa ma f. of as l l siwh esr , n a ra awl to r m ku ^a r^'t
to same annually to the ftea•f>orat.:f nn;
The Corporation h9r°eby granto to tha L",orrmisrian full
h , power erotic authority, -
(a) to r „rry on, Qnn tr bai,',lf of the Corporation, the
Moses of Rural 'f?owor CAW icaa'f tc,n in A, ars n or aruaH which
g be from 'k:arre to h1wo Ma uht ursr."d. C1,[.C.a.ass:,rf by the Commission
owther wholly or only partlywithin tha. Township (hereinafter
er°r d to as "Rural Poser C At;r ,i.z ' S "), ca„r'd to operate on behalf
,the Corcu,a°,9:,ion such Rural Power 1:r.9str.ict', or Diat.,r scan, and,
ow time to t'ime, to enLaarge or .,lE;er° kho bonndarios of any such
lei Power District;
( ) to rssrr,safry and 0so Ohm 07hways and public places
r hea Township M Ma puUmmu of Ma uZ"anont;
(e„( to reai.t, I ce or `:sec nnpply, c onatr ucG a;e.sd install,
EV t o
bold,natntaa,iai � r°., , a" �;r;r �i.r �, r�,t:.^nd, sen:��w, Insure,
%ata ini e1:or , vhre r H I ho C , ma. .w , n Mny .V.c ^,s; r. inu, all works for
-- 3 —
QVVIY and diatribution of cleatrLeRl power or energy for
MMMMS Of thi 0 agreement and without I IN bing the ganerality
i foregoing such works shall include all plant, transmission
, traumformers, wires, motero, POICS, conductors, towers,
lent, apparptus, devices, qe�rvfoe connections,
AIS, SUPPlies, maahtnery, and oth(ar- things ne(ss.,8,ry or
Itent for the purposes of this agrooment or useful in
Won therewith, all of which arc in this agreement included
term "works" except where the context othorwisa requires;
(d) to perform all the duties and agreements
nod In Clause I of this Agreement end to perform, enforce
Joy all contracts for thO 0'UP01Y hY tl'-ie CorporF,%tion of
feral power or onargy and to do all things necasnary fol-
idental to the performance Of this ngveemont;
The Corporatior hyr-by guarantees to the Conmission
-poration's proportion as adjueNd by the Commission of
it Incurred for tho purposes of this agreement which shal.j.
(R) the cOst Of eloctrical pDwer nnd onargy delivered
00mmission's said point of supply for the Township or
Power District KCINKS withoV limiting the generality
foregoing the annual Paymento Hi ore required to be made
the said Act by a mpnivir-1 70Wration which ins entered.
00"act US thw CoMlylisclon for a supply of, electrical.,
or enelly for distribution by the Dorporation itself and
Micularly Me paymentn in reopvK of the cost of
100, Or. Purahase and of dolivery OP cleabrical power n-
at the said point of sopply similar tn W PaYments which
out in the folKwing Pub—clanann OC this Claase�
(b) the coot of operating, maintaining, renswing
uring the works W-- this Rgreement and the coot of
tration of the commiosion�
(C) Interest at the rate or rutes payable by the
Ion upon thin mOnnY axpanded by or the obligations assumed
Commission in the acquisition nr supply, Construction and
— 4 —
illation and the reconstruction and extension of the said
5 under this agreement and upon all such other expenditures
4e Commission May make under the provisions of the said
%nd this agreement and uponworkingcapital;
(d) an annual suln aurfjcjerjt-, to form in forty years
interest at four per centum per annum as sinking fund for
repayment of the advances made by the Province of Ontario
r the said Act for the payment Of the cost of the said works
r this agreement and also for the repayment of any other
ybtedness incurred or assumed by the Commission in respect Of
cost of the said works;
The Corporation shall, at all times, use all diligence
all lawful means in its power to co-operate with the Commission
to fulfil the terms and purposes of this agreement
The Corporation shall pay to the Commission for all
er held in reserve for or delivered to or taken by the
,poration itself at rates fixed by the Commission and shall take
�pay for the same under the same conditions as the Customers
,a and pay for power under contract with the Corporation so for as
j Commission shall make the same aDplicable and the Commission's
ligation in respect of such power shall be similarly governed;
All amounts payable under or in connection with this
reement shall be paid as the commission may direct. Bills shall
rendered to the Customers by the Commission periodically. If
Si bill remains unpaid for sixty days, tho CoTnmission may, in add -
ion to all other remedies and without notice, discontinue the
pply of power to the customer until said bill is paid. No such
soontinuance shall relieve the Corporation or the Customer from
a performance of the covenante, provious and conditions hereirl
,ntained or from any other obligation in onnnection herewith or
th the electrical power or energy referred to herein, All
qmonto in arrears shall bear interest at the rate Q aix Pey'
,at or annam and ohall be collected and paid in accordance with
he said AcQ
This agreement shall remain in force for forty
re from the date or the first delivery of power under this
(a) the power shall be alternating, commercially
atinuous twenty—four hour power every (Ifty of the year except
provided in Clause 10, having a periodicity or frequency,
approximately 60 cycles per second and shall be delivered
aforesaid at a voltage reasonably convenient for the
stomer's use;
(b) the maintenance by the Commission of approw-
Aely the agreed voltage at approximately the agreed rrequency
the point of delivery as defined In this agreement shall
istitute the supply of all power involved herein and the
filment of all operating ubllgaLionu hereunder; and when
tage and frequency are no maintained, the awount of powar,
fluctuations, load fae"r, power factor, dieWbation as
phases and all other electrical characteristias and qualities
under the sole control of the Customers or the Darporation
Ats agents;
(a) the measurement of the power held In reserve
or delivered to or taken by the Customer shall be made by
mo of oultabln mateps and other meauuring equipment provided
the Commission; the Customer when required by the Mminsion
al provide free of charge a safe and suitable location to
approved by the Commission for the inatallation of such
suring equipment; acceas to said measuring equipment shall
free to the Commission and to Its representatives at any
all times; the Commission may toot, nalibrate, adjust, remove
ahange the naid measaring equipment at any. reasonable time
when possible the Customer skull 1be r,vlvised at least three
a In advance of the Commission's intention to test, calibrate,
ust, remove or change said meanuring equipment;
The Engineers at the Commission, or one or more
thoem, r any obher rn pesoor pesa rons ppointed for this
1111irpoue by the Commission, shall have the right from time to
- 6-1
during the comAnuance of this agreement, be fnape&;
apparatun, plant nud propcrty of the
rds at all reasonable hours;
in case the Corear. ssJon should at any time cr
ma be proventud fron.[ stzpp],yi[,1g sald power, or, any P�,rt
reof, by ASK, IOWA, fho, iWasion, explasianact
God, or the King's enem0m, or MY other cause reasonably
and the Commission's control, then the Comminsion shall not
bourid to deliver such power during such tivqe-u, and. the
tomera and the Corporation shall not be bound to pay the
ce of Md pmveo Kring such times;
Each shall be prompt and diligent in removing
cause of such Interruption and an soon am the cause of ouch
arruption is romoved the said suspension of delivery and of
ment shall cease;
The Commission shall have the right to disaantinue�a
I supply of power ror the purpose of safeguarding 112a or
sperty or at reasonable times for the purpoon of making repairs,
iewals or replacements to the works but such Interruptions shall
V release the Corporation or any of the Customers from any
,igation to pay for or resume the use of power when service
restored;
The Commission shall annually adjust and determine the
t for which the Corporation is liable under this agreementl
The Commission shall be a Trustee for the Corpora -
on of all property bald or operated by the Commission under this
reement amd shall be a Trustee for the Gorporation and other
nicipal CorporaLlons supplied by the Commission of all property
Id or operated by the Commission for the supply and delivery,
power to the said point OV supply for the Corporation or the
ral Power Distriat, but thO Commission shall be entitled to a
an upon the said properby for all manias expended by the
mmission under this agreement and not prepaldi at the expiration
this agreomont bho CommQuion ohn11 determine and adjust
rights of the Corporabion and othor Municipal Corporations
plied by the Commicnion having regard to tha amounto paid by
m respoetivo2y and uucb othnr considerabions as may appear
Itable to the Commission und are approved by the lie; utenant-
rnor--in--Councsn.;
In case any Hunfripal Corporation, or any person,
Orm, or Corporation, abich shall contract with the Commission
"r with any Hunicipal Corporation for a supply of power furnished
"'a the Oommission by as Company shall suffer damages by the act
,r neglect of the Company, and such Municipal Corporation, person,
hu or Cm-pwmtion would, If the Company had made the said
ontracts directly wlth them, have bad n right to recover such,
malmlages Or commence any proceedings or any other remedy, the
ommission shall be emtitJpd to commence any such prooesdingo to
!ring such action for or an behalf of such Municipal Corporation,
"sm, fAw or Corporation, and notwithstanding any hot, decision
1W rule of law to the anntrary, the Commission shall be entitled
all the rights and remedies of uuch Municipal Corporation,
erson, firm or Corporation, including the right to reO07er snoh
Amages, but no action chall be brought by the Commission until,
joeb Municipal Arporation, person, firm or Corporation shall have
pseed, w1th W Commission to pay Rny costs that may, be adjudged
be paid if such proceedings or action is unsuccessful. The
I hts and remedies of any such Municipal Corporation, person,
rm or COrPDVat1on shall not be hereby prejudiced. The word
fjWmpany" as used In this Clause shall inalude any person, ffrm,
pany or Municipal Corporation supplying power to the Commission;
1l11111110
If differences arise between the Corporations to
• the Oommleoion iB suppling power, the Commission may,
• application fix a time and place to hear all representations
t may be made by the parties and the Commission shall, in a
mary manner when possible, adjust such differences and such
ustment shall be final; the Commission shall have all the
powers that may be conferred upon a Commission appointed under
the Act respecting Enquiries Concerning Public Matters;
16. This agreement shall extend to, be binding upon
and enure to the bannfits of the succussors and assigns of
the parties hereto;
IN WITNESS WHEREOF the Commissicn, and the
Corporation have caused this agreement to be executed attested
by the affixing of thmir Corporate Beals and the signatures of
their proper Officers duly authorized thereto,
THE KIDEDnELECTHIC PO4tis:NR COMMISSION OF ONTARIO
Mrs, A;
711
ar!
SHOD —%--GWONTROLI
THE MUNICIPAL OCHPOBATION OF THE TOWNSHIP OF
MOREMM
f
"Ark
BY—LAW NO,
G [
THE CORPORATION O°.I'}{M Lf.eWN°aH'1..L'
A BY—LAW to authorize the Corporation to e,ro.ttaer into
an dp;re .,:,ent with the Hydro Blectrice Power Commission of
Ontario for rural power, and to authorize t,'he, Clerrk, of the:
Corporation i.o:n to execute contracts an behalf of the Corporation
ua i k:h users s of electrical power or energy in the said Township,
s
Ws.TIEIV9Aai 'i,'a:nder ea,n.d by 'vi�r te!r•; of the Power Commission
Act, R.S.O. 1927, Chapter 57, and Amendments thereto, morre,
particularly the 'ititro:, a i 1a'Sr�,r,e relating o Rural Power '9 Districts,
i
the Hydro -Electric Power Commission of Ontario may enter Into an
Agreement with the; ]lIua,ic paal Corporation of a, Township for the
supply and distribution of electrical power or energy in the
. Township.
a
AND WHEREAS the lorpsorrati an of the; Tcnvmehi.pe of
Brace has rpty'J.'S.ed to the said Commission for such
NOW al1.t+,Cshi:TORE the Council of the Corporation of the
;i
f lrrwnBkai.P Of N,r,aa,.reea e.raaaot;:e as £"c>ilasva>.,.,
7.m J°hat PAat;e Corporation approves of the areas in the
Township laid out and d,e: rood by Me said Commission as as
rural power district.
2W The Corporation of tk:o Township of Mae
` do enter into the Agreement .r% h the T'fy¢dro-:['+1:1.ect�ric Power
r
C mmierw a.on of Ontario :For lho asupyly and distribution of
e lact,r cal powar or snargy in the T'osrr'i.ekaip, a copyof wlcaich
is hereto attached and `vah,ich, formo r,art, of this By k.:avu
711, That the Reeve and DIM of the Corporation be
und My are beroby authorized and reqpired to oxocute the
oald Agrcamont on behalf of the Corporation and to Mix
the Corporato we theruto and to doliver such Agreement
MR Oxncytod, to the said Conunjosion provided that Lhe
UOrPOT'VIOn MOONO a counter -part of such Agreement executed
by the said Commisoion:
i, That the Mark of W CorporMon be and be is
heruby authorKad, and roquired tO execuk all contracts frozi
time to time, botwoen the Corporation and users of o2ectrical
p)wer or ena-gy in the Tomn3hip, which may be approved by
the Baid Commlsslonr�
IMTM) at V "," 17 x F s no K"I 4
Cold finally pas2ud this d, Ly of /, a
derk