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HomeMy WebLinkAboutTWP SC 1930 hydro com supply , ",. ,. ¡ ·1 1; il . " . ~ '.... ~"'J(~ ~~.~~.c. ~A <fft..._ ~, . ~... 1:Q ....Wi? #11.~ /.: /~ ~ ~~ ..... ""-'~"ÂB.C.Ø"K(II7TtJN .ø:f4t1tbtdø <f>1Iirt Mike S"ttt1l,.l!J .4!J{) ~6/~.Mfÿ ~Ç¡;'t'/IU". $J'OltlP' ,e . ., :krc.h 28, 1930 1Ir. John CorDett, Clerk, Township ot nncardine, R. R. "A- - GLAJlI8. Onto aaar lira ! 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. ~ !Jl¥ ¡";:'C¡- ;11 l' .JIL ~ ...,.. . ~ 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 JUII...., .,. ., I 1.1: 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 ~ -o!<-'.. J -.. ~ I I ! I .... " .. 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 . --..--..............-..............-..-.............. .......... .... . ....._............··...··...·...._..···_·._....p4t·-..._.·_.. .1. IN u.. 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¡"~ .....-... Of ~. 'irat htt - All) - m IlUW1C1P~ COBPO~T10. 0., THB TOWNSHIP OJ 1QIII... herein oalled the~'10Ja t 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 -A - 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 - I - the suppl,. ~ld distribution of eleotrioa1 power or ener&J tor .. 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~ -4,- 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) . -1- 7. This a¡reament shall remain in foroe for rorty years trom the date of the first delivery ot power under this ...re...... , I. (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 . 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 -1- 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 . the amount for which the Corporation is liable und.r this acree- M11~1 !S. 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 - ., - 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 · I .Þ -. - 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 œœIl\! TBJI \MlIO¡J»AL COBPOaATIOJIl OJ!' THI TOWNB~n¡> QJ.' --!PI.... - 1 .. IM1eII .-é': If''-''