BYLAW - Street Lighting Agreement - 19721218 - 1983A72l .. J II 1 J lJ ~-
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32165
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BY-LAW NO.
OF THE COlTI'ORATION OF THE TOWN~ OF AuroRA
BEING a By-law to authorize the Corporation to
enter into a contract with The Hydro-Electric Power Com-
mission of Ontario for the lighting of streets in the
Town~
The council of the Corporation of the Town~
of AuroRA enacts as follows:
1. That the Corporation do enter into a contract
with The Hydro-Electric Power Commission of. Ontario for
the lit:hting of streets in the Town:§li¥::1§, a copy of which
contract is attached to and forms part of this By-la\11,
2.
Mayor
That the ~ and the Clerk of the Town~~
are authorized to execute the said contract on behalf of
the Corporation and to affix the seal of the Corporation
thereto.
That the entire cost incurred by the Corporation
under the said contract shall be paid by the Corporation
at large.
Dated and finally passed this 18th day
of A.D. 1972.
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Street Lighting
(General By-law)
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.. W::bis lag;reement made in duplicate this 18 . day of DECE!)1BER A.D. 19 72
BETWEEN:
THE HYDRO-ELECTRIC POWER COMMISSION OF ONTARIO, hereinafter called "the Commission"
OF THE FIRST PAUT,
-and-
THE CORPORATION OF THE TOWN~ OF... J\.).l;t;"Qr::R-
hereinafter cal1cd "the Corporation"
OF THE SECOND PART,
WHEREAS the Corporation has passed By·law No./933-7:2 · for entering into a contract with the Commission for the
lighting of streets in the Townmqr. ·and the Commission acting under The Power Commission Act,. R.S.O. 1960, Chapter 300, and
amendments thereto (hereinafter called "the said Act") is willing to enter into a contract with the Corporation for such purposes
("·".upon the terms and conditions herinafter appearing;
-\. NOW THEREFORE THIS AGREEMENT WITNESSETH that for the considerations herein contained the parties hereto
{. Covenant ·and agree as follows:
,--1. For the purposes of this· Agreement, the lighting of any street in the Town:Jti.l:P and the number of lights on the street may be
--~-mutually agreed upon between the Commission and the Corporation from time to time.
2. The Corporation shall, at its own expense, provide all works necessary for the lighting of any street referred to in clause 1-,
which works are hereinafter called "street lighting works".
3. Upon request of the Corporation, the Commission may, on behalf of the Corporation, acquire and install any street lighting
works, and all cost incurred bv the Commission under this clause shall be payable by_ the Corporation to the Commission as pro~
vided in clause 7. -·
4. THE COMMISSION AGREES,
(a) To supply .all electrical power required for the lighting of streets in the Tow~ under this Agreement;
(b) On behalf of the Corporation, to maintain, operate, repair, replace, renew and administer all street lighting works. which
services shall include the replacement of lamps, unless otherwise agreed upon between the parties from time ·to time.
5. THE CORPORATION AGREES,
(a) To pay to the Commission all cost. as determined by the Commission, of supplying electrical power and of the services
rendered to the Corporation under clauses 4.(a) and 4.(b), respectively, and without limiting the generality of the foregoing the
provisions of Part II of the said Act with respect to the annual payments to be made by any municipality that has entered into a
contract with the Commission shall apply to this Agreement, except in respect of the capital cost of the street lighting wor'ks;
(b) To permit the Commission to occupy and use any streets that are within the Town51Kp ·and under the jurisdiction of the
Corporation, to such extent as the Commission deems necessary for the performance of its obligations under this Agreement.
6. The Commission shall~ at least annual1y, determine the amounts payable by the Corporlfltion to the Commission under
clause S.(a).
7. All amounts ·payable by the Corporation to the Commission under this Agreement shall be paid in accordance ·with bills
rendered by the Commission from time to time. Every bill shall be paid within the period of thirty (30) days next-following the date
of the bW, and in default thereof that payment shall be deemed to be in arrears. All payments in arrears shall bear interest at the
rate of five per cent (50h) ·Per annum. If any bill remains unpaid for more than thirty (30) days after the date thereof, or if the
Corporation fails to perform any other obligation under this Agreement, the Commission may, withput notice and without incurring
any liability to the Corporation by so doing, discontinue the supply of electrical power under this Agreement, and shall not be bound
to resume such supply until the Corporation shall have paid the said bill, or performed the said obligation. as the case may be. No
·-··,_such discontinuance by the Commission s~all relieve the Corporation from the performance of any obligation under this Agreement.
8. Where the Corporation desires street lighting on any street within the Tow~ but not under the jurisdiction of the Corpora~
lion, and where a permit is required by law for the installation, maintenance and operation of street lighting works on that street, the
Corporation shall. at its own expense, obtain the permit, and this Agreement shall not apply to the street until the permit shaH have ~ been issued.
"--..· 9. 1f at any time the Commission is prevented from performing any obligation under this Agreelneni by reason of strike, lockout,
riot, fire, hurricane. flood. invasion. explosion, act of God, the Queen's enemies, legal acts of the public authorities or any other
cause bevond the Commission's control. then the Commission shall not be required to perform such obligation during such time,
but the Corporation shall not be relieved from the per.formance of any obligation under this Agreement. The Commission will
exercise its best endeavours to overcome the cause of prevention as expeditiously as possible.
10. The Commission shall have the right at any time to discontinue the supply of electrical power hereunder to such extent as'
the Commission may deem necessary for the purpose of safeguarding life or property, or for the purpose of construction, main-
tenance. operation, replacement or extension of any street lighting works or any works of the Commission for the supply of such
power. The Commission. will endeavour to limit the duration of such interruptions of power supply so far as it is feasible to do so,
and to give the Corporation reasonable notice in advance thereof, but in no event shall the Commission incur any liability to the
Corporation in consequence of the interruptions or. failure to giv~ notice thereof. No such discontinuance 'by the Commission shall
relieve the Corporation from any obligation under this Agreement.
11. All street lighting works pmvided by the Corporation or installed by the Commission under this Agreement shall be the
property of the Corporation. but the Commission shall have a lien thereon for any monies expended by the Commission hereunder
and not repaid to it. ·
12. The Corporation shall indemnify the Commission and save it harmless from all claims or de:mands for loss, damage or injury
to property or persons (including loss of life. but excepting the officers, servants and agents of the Commission) caused by or
resulting from any street lighting works under this Agreement, or· the installation~ maintenance or operation thereof, except to the
extent that such. loss, -damage· or injury is caused or contributed to by the negligence of the Commission or any of its officers,
servants or agents.
13. This Agreement shall be in force dl!ring the period. of fiv:e (5) Ye!l.rs commencing_ on th.e date thereof, and it shall contin~e
in force thereafter from year to year, but tt may be termmated at any tlme after. the sa1d penod of five (5) years by at least stx
(6) months' prior notice in writing from either the Commission or the Corporatton to the other.
14. This Agreement shall extend ·to, be binding upon and enure to the benefit o.f the successors and assigns of the Commission
and the Corporation, respectively.
IN WITNESS WHEREOF the Corporation has caused this Agreement to be executed by the affixing of its Corporate Seal
attested by the signatures of its proper officers duly authorized in that behalf and the Commission has caused this Agreement to be
executed by the hand and seal of its Area Manager duly authorized in that behalf.
32033-TC
<REV. 4-64)
ATION OF THE TOWN~ OF THE HYDRO-ELECTRIC POWER COMMISSION
/}()/(f)!?. If OF. ONTARIO
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Mayor
Clerk
~-L~/?./~M-a ·n ·ager