HomeMy WebLinkAboutTWP SC 1930 hydro com supply
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:krc.h 28, 1930
1Ir. John CorDett,
Clerk, Township ot nncardine,
R. R. "A- - GLAJlI8. Onto
aaar lira
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B~u.ats have been made by a nu.ber of reaid.nt.
in your Tcwnthip for eleotrical ..rvloe 1n the r~ral diatriota and a
sµt~lafont number of oontraots baYe been slcned. .
Tho Co_1esion propose to supply power in tbll rural
distriot. in aooordance witb the Aot known as the -Bural B7dro-llootrio
Dietributlon Aot, R.B.O. 1187, Chapt,r ðga, by whioh the Govermaent
para up to 60 per oent ot the ooot ot tho pr1..ry lines ot the d1atrl)u-
tion .y.t.. 8D4 .eoondary I1no.on the highway_ required for ~o doli very
ot poworin the d1ltr1ct. All the re.idont. in oertain ..tablisbed
rural power dlstrlots, a. provided In that Act, will be furnlsh.« witb
power ~t the same r&te tor tho .... 01a8S of ..rvice.
aoontr!Lo~~oatero~01::~rL~::e~h:h¥~08~::~s:ì:: ~di;0:~O;~::~~1;~at
anø. t. __108in¡ herewith duplioate copieø ot the proposed oontraot
wb1~b baa hen approved b)' the COllllllhs10n and would be pleased if' you
woald have both ooples Sirea. and returned to this offioe, atter whioh
one CÇP1 will b. complete b7 the oftiolals of the cOllllll18.ion and
returnea. to 10U -ror J'our reoorda.
!tie neousary that the date ~:f e~out1on should be
filled in at the top of the first pa¡e and the datè and number ot the
BI-l... AW.4ed in the .pace r..ernd for it in the body C\f the £irst P....,
...1 affixed and oertified oop)' of ~-la. attaohed.
Th. Oommisslon would be pleased if you would live
thta matter prompt attention.
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A IT-LIt to author i.. the Oorporation to enter lato
an Alr....nt with the Bf4ro-Blootr1c Power Oommission of
Ontario for rural power, ànd to authorize the alerk of the
Oorporation to exeout_ oontraot. on bðhalt ot the Oorporation
with u.ors of eleotrioal power or .neriY in the sa14 Township.
"'8 under and bT virtue of The Power. O_b.i..
Aot, R.B.O. 1'.'. Ohapter 57, and Amendments thereto, more
partioularly the provision. relatin¡ to Bural Power Di8triota,
tho Ð7dro-Bleotr10 Pow.r Commiss10n of Ontario may enter 1nto ..
Acr....nt with the lIun10tpal Oor¡;loration of a Townahip tor the
aupply and d1.tribution ot el'atrioal power or ener£7 in the
". V i,..
AID WHBBIAS the Corporation of the Township of
aMuti.. ha. &oUed to the said Oo.a1..ion tor .uoh
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the council at the Oorporation of the
To..._hip of ..........
enaots as tollows:-
1. That the Corporation approves of the areas in the
Township laid out and detined b7 the said 00..1..10n &a a
rural JOWOr dbtrlot.
2. The Corporation ot the Township of JU,noudiM
do enter into the Aareement with the Bydro-lIlootric Power
Commis8ion ot Ontario for the supplT and dls~ibutlon of
electrical power or en.r¡y in the-Townsh1p, a ooPT of .hi"
11 h.reto attached &D4 whioh fo~ part of thll _-lAI
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I. Tltat \be ....... and Olerk of ~. Oerporatf.OA 'lie
ant the1 ..... ber._ autboristd and r..uired to e"ou~. tlie
...14 .Acre....t oa btJaalf, of tbe ÐorperaUon 8Dd to &ttill
tbe OOl"JOrat8 ....1 t~r.to .... to bUTer SUGh .....11
whe. ...ou'.", to the 8&i4 OœDDi.sion provided that tke
Corporation reo.iv. a oounter-part of Buoh Acre...nt ex.out.d
b7 the ...i4 a'-trt..ien1
4.. ,hat the Olerk of tlae Oorpo.ration be an4h. 18.
h.r.by autbori'" and re,utred to elleout. all contraot. from
tl.. to ti.., ~tw..ri the Oorporation and users ot .1.o'lirloal
power or ,.ul)" in the Township, 1thtoh 11&7 be approvM 'b7
~ 1&14 o..t..iolu
-- at
aø4 !tnall7 ....... thie
4ar' Of
A.B. 111
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IN
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T HIS A (I B I ]I II ]I N T made in duplioate
lIa1 of
A.D. US
I...I..LLI..I.!
'fH1I rroao-QC'n!.10 POW. 00llll18B10. OJ!' O:trrA1\10
herein oa11ed the .OOWf¡"~
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Of ~. 'irat htt
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m IlUW1C1P~ COBPO~T10. 0., THB TOWNSHIP OJ
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herein oalled the~'10Ja
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JWRD~S pursuant to the Power Oommission Aot R.B.O. 1927
Ohapter ð7 and amendaents thereto (hereinalter referred to as tho
-said Aot-) and more particularly the provisions relating to Bural
Po.er Districts the Oorporation has applied to the Oommission
f~r the supply and distribution by the Oommission of eleotrioal
power or ener¡y in the Township and the Oommission is willin¡
to enter into asree.ent with the Oorporation theretor,
AID IHEIAS the Oouncil of the Oorporation has pa..ed
B:r-Law No.
authorizinl the enterinc into suoh agreement
and the exeoution of the same on behalf of tho Corporation;
ROW ']'R1IAØQU 'lJUB UTDJINTIJBB W1'nIBSBITH that subjeot
to the said Aot and t~r theoonsiderations herein oontained,
the parties hereto oovenant. promise and &gr.e &s to1lowst-
1.
(a) to resorve and deliver tor ths purpose of this agreemant
eleotrioal po.er or enerl7 to the Corporation and to Oustomers
within the Townlhip who have entered into oontraot wltb the
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Corporation as approved by the Commission for a supply of
electrtoal power or energy, such Customers being hereinatter
referred tc. "'B -Customers- which term ahall also be deemed to
include the Corporation wberever the Commiesion delivers
eleotrioal power or enerlY direct to the Oorporation!
(b) to supply, construct and install all works on
the highways whioh the Commission may deem necessary for the
supply and delivery of the eleotrical power or enerlY trom
the Oo.œission's point of supply for the Oorporation to the
point of delivery herein defined as the pOint on the Oommission's
transmission line opposite the premises ot the Customer or
such point or pointa as the Oommis.ion may approve I
Co) to operate, maintain, renew, insurs and administer
the .aid works
(4) to render bills to the Oustomers at rates fixed
by the commission, and to reoeive fro. the Customers all monies
due for eleotrioal service rendered under this a¡reement.
(e) to keep aooount of all suøhmonles and to report
the saa. &nngal1y to tho Oorporation.
2. The Corporation hereby ¡rants to the Oommission full
ri¡ht, power and authority,-
(a) to carryon, on behalt of the Oorporation, the
bu.ine.. of Bural Power Diatri button in the are.. or area. which
may be trom time to time laid out and defined by the ~OI/IIII1øe1on
whether wholly or only partly wi thin the Township (hereinafter
referred to as -Bural Power Districts-), and to operate on behalf
of the Oorporation suoh Rural Power Distriot or Distriots, and,
from time \0 time, to snlar.e or alter the boundaries of any such
Rural ]lower Distriot.
(b) to oooupy and use the hilhW&7S an4 pUblio p1aoes
in tho Town.hip tor the purposes of this aireement.
(0) to aoquire or to supply, oonstruot and install
and to hold, maintain, operate, reoonstruot. extend, renew, insure
and administer. .ere the Commi.sion may determine, all works for
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the suppl,. ~ld distribution of eleotrioa1 power or ener&J tor
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the purpo... ot this ..r....nt and without limltln¡ the leneralit,.
ot the tor"oin¡ 8~oh work. shall lnolude all plant, trans.ie.ion
11n.., tranetormera, wire., met.ra, pol.., oOnduotors.tower.,
.,uipm.nt, aJf&ratus, devioes, appliano.., s.rvioe conneotion.,
mater1all, suppli.., œaohiner7, ~d other thin¡s neoe..ary or
oonvenient tor tbe purpos.s ot this ..r....nt or userul in
conneotion therewith, all of which are in thi. agreement inolude'
in the term -worka" exoept wh.re the oontext otherwise re~uire.1
(d) to pertoJ'lll all th. duti.. ~d acreem.nts
mentioned in Olaua. 1 ot thh Acrenent and to perform, enforoe
and enjoy all oontraots tor the lupply Þ.r tbe Oorporation of
electrical power or .narey ani to do all thin¡s neceasarf for
or inold.ntal to tbe pertonø&noe of thil ...r.e..ntJ
s.
Tbe Oorporation bereÞ,r luarant..a to tb. 00mmis.10n
the Oorporation's proportion as a4jueted by the Oommisaion of
.,11 coat hlcurred tor tb_ purpoaea ot this ...r....nt wbioh shall
1..1114..-
(a) the oost of el.otrióal power aQd enerey d.livered
at the Oo_haion'a said paint of auppl,. tor the To.ship or
Bural 'ower Distriot inoludin¡ without ll.itinl the leneralit,.
of t.e torecoimc tbe annual ~ents whloh lor. reqair'd to be .-4_
under. the .ald Aot b7 a ~ioi,..l OorporaUon wbich has enter.d
into a oontraot with tbeOommission tor a aupply of eleotr1oa1
power or .nerl1 for dhtribution by the Oorporationit&eU and
more partioular17the p&7IIents in respeot of the oost of
,eneration or puro-..e and ot 4el1vol'J of e1eotrloal power or
enerl1 at th. sa14 point of '\1PIIly dmllar to the P&JIØnta which
are ..t out in the tollowlnc .ub-ola~" of tbi. Olau.e,
(b) the ooat of o,eraUac. lI&intaf.1'1ine, ran.wlne
and ias\lt"lnc the work. unter thh .........nt and tu cost of
"'111.1'\1'&\101'1 of ta. ao..i..lon,
(0) bure.t..t tbe ra_ or rate. "",..,.10 by the
a..i..to-ra .1\ t&ae ~.,. .....484 'lIT or th oh1itAtien. ......d
by the QOIIIIildon in the aoq._~flf.tlon or IUQ1Y, Q...tloll. .1'14~
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installation and the reconstr~ction and. extension of the said
works ~er this agreement and upon all such other expenditure.
a. the Commission may make under the provisions of the said
Aot and this agreement and upon working oapital¡
Cd) an annual sum suffioient to form in forty years
with intersst at tour per oentum per annUID a sinking f~ for
the repayment of the advanoes made by the Province of Ontario
under the said Aot for the payment of the cost of the said works
under this agreement and also for the repayment of any other
indebtedness inourred ~r assumed by the Commission in respeot of
the cost of the said works¡
4. The Corporation shall, at all times, use all diligenoe
and all lawful means in its power to co-operate with the COlllDlission
and to tu1fll tha terms and purposes of this agreement
~. The Corporation shall pay to the Commission for all
power held in reserve for or delivered to or taken by the
Oorporation itself at rates fixed by tbe Commissicn and shall take
and pay for the same under the same conditions as the customers
take &ad pay for power under oontract with the Oorporation so far a8
the Commission shall make the same applioable and the Commission'.
obligation in respect of such power shall be similarly governed I
6. All amounts payable under or in oonneotion with this
agreement shall be paid as the Oommission may direot. Bills shall
be rendered to the Customers by the Commission periOdically. If any
bill remains unpaid for sixty days, the Commission may, in addition
to all other remedies and without notioe, disoontinue the supply
of power to the Customer until said bill is paid. No suoh
disoontinuanoe shall relieve the Corporation or the Customer from
the performance of the oovenants, provisos and oonditions herein
oontained or trom any other obligation in conneotion herewith or
with the electrical power or energy referred to herein. All
payments in arrears shall bear interest at the rate of six per
cent per annum and shall be oollected and paid in aocordance with
the said Act)
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7.
This a¡reament shall remain in foroe for rorty
years trom the date of the first delivery ot power under this
...re......
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(a) the power shall be alternating, oommeroially
oontinuous twenty-tour hour power every day of the yea.r exoept
as provided in Olause 10, having a periodioity or trequsncy
of appro:d_tely" c;yc1es per second and shal1 be deUvered
as aforesaid at a volta¡e reasonably oonvenient tor the.
austOller". use.
(b) the maintenance by the Commission of approx-
imately the a¡reed voltage at approximately the agreed frequenoy
at the point of delivery a8 defined in thie a¡reement ohall
oonstitute the supply of all power involved herein and the
fUlfilment o~ all operating obligations hereunder; and when
voltage and frequency are so maintained, the amount of power,
its fluotuations, load faotor, power faotor, distribution as
to phases and all other electrioal charaoteristics and qualities
.
are under the sole oontrol of the Customers or the Corporation
and i te ..ental
(0) the measurement of the power held in reserve
tor or delivered to or taken by the Oustomer shall be made by
means of suitable meters and other measurillg equipment provided
by the Commission} the Customer whðn required by the Commission
shall provide tree of oharge a sate and suitable looation to
be approved by the Commission for the inata1lation of suoh
measuring equipment} aooess to said measuring equipment shall
be free to the Commission and to its representatives at any
and a.ll times; the Commission ma.y test, oalibra.te, adjust, remove
or ohange the said measurin¡ equipment at any reasonable time
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but when possible the Customer shall be advised at least three
days in advance of the Commissiön's intention to test. calibrate,
adjust. remove or change said measuring equipment;
9.
The Engineers ot the Commission, or one or more
of them, or any other person or persons appointed tor this
purpose by the Commission, shall have tbe right from time to
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time durin¡ the oontinuanoe ot this -areement, to inspeot
the apparatus, plant and property of the Oustomera and take
reoorda at all reaaonable bouraJ
10.
In case the OOllll1hsion should at anJ ttme or
times be prevented from supplying said power, or any part
thereof, by strike, lookout, tire, invaaion, explosion, aot
of God, or the King's enemies, or any other cauøe roaaonably
beyond the Commission's oontrol, then the Commission shall not
be bound to deliver such po...er durin¡ auoh times, and the
Customers and the Corporation shall not be bound to p&7 the
prioe of said po....r. durin¡ suoh time.}
B&oh shall be prompt and diligent in removinc
the oause of such interruption and as soon aa the oause of such
interruption is removed the said suspension ot delivery and of
paJlMlnt 8h&1l 0......
11.
The Commission shall have the right to disoontinue
the supply of po...er lor the purpose at sateguarding life or
property or at reasonable times for the purpose of making repaira.
rene...als or raplaoements to the ...orks but suoh interruptions shall
not release the Corporation or any of the Oustomers from &By
obliga.tion to pay for or resUllle the use of po...er when se-rvioe
18 r.a1l0re41
l2.
The Commission shall annually adjust and deterœtDe
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the amount for which the Corporation is liable und.r this acree-
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The Oommission shall be a Trustee for the Oorpora-
tion ot all property held or operated by the Oommission under thi.
agre.ment and shall be a Trustee for the corporation and other
Municipal Corporations supplied by the Commission of all propertr
held or operated by the Commission tor the supply and deli,.rJ
of power to the said point ot supply for tbe Corporation or the
Rural Power District, but the Commission shall be entitled to a
lien upon the said property tor all monies expended by the
Commission under this agreement and not prepaid¡ at the expiration
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of this agreement the Commission shall determine and adjust
the rights ot the Corporation and other Municipal Corporations
supplied by the Commission having regard to the amounts paid by
them respeotively and such other considerations as may appear
equitable to the Commission and are approved by the Lieutenant-
Governor-in-OoUDoilJ
l4. In Oase any Municipal Corporation, or any person.
firm or Corporation, which shall contraot with the OommiBsion
or with at~ Municipal Corporation for a supply of power furnished
to the Commission by a Company shall sutter damages by the act
or negleot of the Company, and such Municipal Corporation, person,
flrm or Corporation would, if the Oompany had made the said
contracts directly with them, have bad a right to reoover such
damages or commence any proceedings or any other remedy, the
Commission shall be entitled to commenoe any such proceedings to
bring suoh action for or on behalf of suoh Municipal Oorporation,
person, firm or Corporation, and notwithstanding any Act, decision
or rule ot law to the oontrary, the Commission shall be entitled
to all the rights and remedies of suoh Municipal Corporation,
person, firm or Corporation, including the right to reoover suob
damages, but no aotion shall be brought by the Commi.sion until
such Municipal Corporation, person, firm or Corporation shall have
agreed with the Oommission to pay any costs that may be adjudged
to be paid if such proceedings or action is unsuooessful. The
rights and remsdies of any suoh Municipal Oorporation, person,
firm or Corporation shall not be hereby prejudiced. The word
-Company. as used in this Clause shall include any person, firm,
Company or Municipal Corporation supplying power to the CommisBionl
15. It differences arise between the Corporations to
whom the Commission is supplying power. the Oommission may
upon applioation fix a time and plaoe to hear all representations
thAt may be made by the parties and the Commission shall, in a
summary manner when possible, adjust such ditterenoes and suoh
adjustment shall be finalJ the Commission shall have all the
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powers that mal be conterred upon a Oommission appointed under
the Act reapectinl Bnquirie. Ooncernin¡ Public latters¡
16. This airee.ant shall extend to, be binding upon
and enure to the benetits ot the suocessors and assigns ot
the par\1e. here\oJ
I. WITIOIIB P'D'II01' the Oommiuion and the
Oorporation have caused this agreement to be exeouted attested
by the aftlxin¡ ot their Corporate Seals and the si¡natures ot
their proper Officers duly authorized thereto.
THE un>aO-POTaIC PQ\YJ¡t OOJIIIIaSION OF OWl-Mt,IO
êJJW:itiI
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TBJI \MlIO¡J»AL COBPOaATIOJIl OJ!' THI TOWNB~n¡> QJ.'
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