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HomeMy WebLinkAboutTWP 75 009 Contract Ont Hydro I. ~f . <. .. , . . . . L - BY-LAW NO. '7~ Section 7 Appendix 2 Jan.15, 1975 OF THE CORPORATION OF THE TOWNSHIP OF BEING a By-law to authorize the Corporation to enter into a contract with Ontario Hydro for the lighting of streets in the Township. 'The council of the Corporation of the Township of Uao&Ñ1Dt1 enacts as follows: ., 1. That the Corporation do enter into a contract with Ontario Hydro 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 the Yill... o~ hWl. 4. That 80% of the cost incurred by the Corporation under the sai!! contract shall be assessed and levied on the rateable property in the said area. 5.. That 20% of the cost incurred by the Corporation under the said contract shall be paid by the Corporation at large. Dated and finally passed this ~-:_ A.D. 197, 19.. day of Street Lighting By-law Township"- Area ......., """\ ~ ~ ê . . }J 0 -(" pÞ day of (F'û..o ¡Ã. _,19 S'/C'ÑSJ ~.. .. This ament made in duplicate this BETWEEN: ONTARIO HYDRO OF THE {JRST PART, \ -aOO- . THE CORPORATION OF ....,...X........................".........,.............., '....... ,.........,..... ,........,......,..... hereinafter called "the Corporation" OF THE SECOND PARt, O¡:¡.1'6 ~y f9<~" ""'~(U "",.#AJ /16 WHEREAS the Corøoration has passed By-law No, for eoaering into a contract with Ontario Hydro for the lighting of streets in the Corporarion and Ontario H'ydro acting under The Power Corporation Act R.S.O. 1970. Chapter 354. as amended upon the tenns and conditions hereinafter appearing; NOW THEREFORE THIS AGREEMENT WI11IIESSEnI that forme considerations herein contained the parties hereto covenant and agree as foUows: 1. For the purposes of this Agreement. the lighting of IUIY street in the Corporation and the number of lights on the street may be mutually agreed upon between Oatario Hydro and the Corporation from time to rime. 2, ONTARIO HYDRO AGREES: (a) On behalf of the Corporation. to acquire, construct. install. exIead, reconstruct, maintain. operate and administer all works necessary for the líghtingof any street referred to in clause 1 (which works are hcreinaftercaUed hstreetlighÜng works"), and the said services agreed to be performed by Ontario Hydro shall include the replacement of lamps. unless otherwise agreed upon between the parties from time to time. (b) To supply aU electrical power required:for the Jipring of stœets in the Corporation under this Agreement. 3. THE CORPORATION AGREES: (8) To pay to Ontario Hydro, by annual payments. all cost of street lighting incurred by Ontario Hydro under clauses 2.(a) and 2.(b). which cost shall bedctermißed by Ontario Hydro. and witboUt limiting the ~enerality of the foregoing the pro"isions of Part II of the said Act with respect to the annual payments to be made by any municipality that has entered moo a contraCt with Ontario Hydro shall apply to this Agreement, and shall extend to all street hghûng works hereunder; (b) To pennit Ontario Hydro to occupy and use any streets that are within the Corporarion and under the jurisdiction of the Corporation. to such extent as Ontario Hydro deems necessary for the performance of its obligations uDder this Agreemeat. 4. Onlario Hydro shall, at least annually. determine the amounts payable by the·Corporation to Ontario Hydro under this Agreement. 5. AU amounts payable by the Co~on to Ontario Hydroundertbis Agreement shall be paid in accordance with bills rendered by Ontario Hydro from time to time. Bvery bill shall be paid within the period ol'tbirty (30) days next-following the dale of the bill. and in default thereof that payment shall be deemed to be in arrears. All payments in arrears shall bear interest at the nde of per annum. If any bill remains unpaid for more than Ihirty (30 days after the date thereof. or if the C~ion fails to perfonn any other obligation under this Agreement Ontario Hydro may, without notice and without incurring any liability to the Corporation by so doing. discontinue the supply of e5ec:bica] power under this Agœement, and shall not be bound to resume such supply until the ~ion shan have paid ihe said bill. or perfonned the said obligation. as the case may be. No such d.iscontinuance by Ontario Hydro shall relie"e the Corporation from the peñonnance of any oblig8Ûon under tliis Agreement. 6. Where the Corporation desires street lighting on any street within the Corporation but not under the jurisdiction of the Corporat!on. and where a pennit is required by law forthe installation. maintenanee and operation of street lighting works on that street. the Corporation shaH. at Its own expense. obtain the pennit. and this Agreement shall not apply to the street until the pennit shill have been issued. 7. ' If at any time Ontario Hydro is prevenled frompcrforming any obligation under this Agreement by reason of strike, lockout, riot. fire, hurricane. flood. invasion, explosion, act of God. the Quce.·senemies.legal ac:tsofihe public authoriœs or any othcrcause beyond Ontario Hydro'sconuol, then Ontario}f~ shall not be required to perform such obligation during such time, but the Corporation shall not be relieved from the peñormance of any obligatiOb under this Agreement. Ontårio Hydro will exercise its beSt endeavours to overcome the cause of pre"enlion as expedidously as possible. 8. Ontario Hydro shall h."e the right at any time to discontinue the supply of electrical power hereunder to suçh e:lttent as Ontario Hydro may deem necessary for the purpose of safeguardìng life or ~rty. or for the purpose of constrUction. mainteoance. ~on. replacement or extension ()f any street lighting worts òr any works of Ontario Hydro f« the supply of sucb power. Ontario Hydro will endeavour to limit the duration of such interruptions of power supply so '.as it is feasible toOO so, and to give the-Corporation reasonable ooIice in advance thereof. but in no event shall Ontario Hydro incur any liability to the CorJM?n1iOll in c~DCe ofdíc: iDterruptions or failure 10 give notice thereof. No such discontinuance by Ontario Hydro shall refieve the Corporation from any obUgauon under this Apœment. 9. This Agreement shall be in force during1hcperiodoffi"e (5) yc:ancommcncing on the datc thereof. and it shall contioue in force thereafter from year to year, but it may be termmated at any time afrertbc laid period offive(S) years by atleast six. (6) months' prior notice in writing from either Ontario Hydro or the CorponIion to the ~. 10. .This Agreement shall extend to, be biRding upon aød enure to the benefit of the succesSOR and assigns of Ontario Hydro and the Corporation. respecti"cly. IN WITNESS WHEREOF the Corporation has caused this AJrec:ment to be executed by the affixing of its Corporate Seal attested by the signatures of its proper offICes duly authorized in that beha1f and Ontario Hydro has caused this Agreement to be executed by the hand and seal of its Area Manager duly authorized in that behalf. THE CORPORATION OF THE F/Ù #'; ONTARIO HYDRO . " .$..{.(,,¡.tfP.......ð.F.T..~.~ .....~IÆ-c:'1,1. ~~., ..r.~ ,..lIt þ'< \) Area Manager ............................................................................. 6 x.. c " ,(, "'71 ..1-74 S'1UBT LIGHT AGREEMENT ONTARIO HYDRO CAftTAL