Loading...
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