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THE OSHAWA DAILY TIMES, FRIDAY; MARCH 13; 1931 Public Notice - IROTICE 1 barby aivn hat he lloving x es of i h2and 3 are to an ol the City t as to the schedules B" and "C" referred to flirsinalter Sy a vote of the electors and with the deputy reinafter set forth, the numbered 1 and 3 to be vote of lectors. qualified ie said by-law submitted to the vote of the electors. 'UMB ER ONE CORPORATION OF THE CITY OF OSHAWA Bhi LAW NO. K "A BY-LAW TO AUTHORIZE the sale ~ of the Oshawa Gi jus Syne. ol byw REA Corporation of the City of ce ih County of Ontario as No. i f the for the by-laws, further by virtue of ti agreem inj art thereof the Cit SE fom HIS MAJESTY THE KIN in he right of the Province of Ontario, the Ea plant and distribution system in the a; oy WHEREAS Ben E. Tate has offered 'to purchase the said gas plant and gas dis- on system upon and subject to the of an agrecment between the Cor- ¥ ation of the City of Oshawa and the i Ben E. Tate, and The Public Utilitles B Commission of the City of Oshawa, wie "amid terms of said agreement have been settled; 3 ; 5 THEREFORE the Corporation ol oy of Oshawa by its Council enacts a hat the Corporation of the City of { Oshawa do enter into an agreement with Bon E. Tate and the public Hilitles: Come issi he City of awa, a tru fission, of th Soy tment is attached hereto as Schedule "A" to this by-law and forms t f. . . ter the final passing of this by-law the Mayor and Clerk be and they are hereby authorized to execute the said agree- ment and to affix the corporate seal of the ! ration thereto and also to execute the or ming part of the said agreement as schedule "B" thereto and to affix the corporate seal of fi SoPeration thereto, SCH "A" REFERRED to in a by-law to authorize the : sale of the Oshawa Gas System. 8 THIS AGREEMENT made (in triplicate) bo! this Twenty-fifth day of February, A.D, 1931, N ;-- i BE CORPORATION OF THE CITY i : OF OSHAWA hereinafter called THE on of the, FIRST PART BEN E. TATE, of the City ol cago, i THE PURCHASER, hereinafter called a SECOND PART JBLIC UTILITIES COMMIS. THON OF THE CITY OF OSHAWA, hereinafter called THE UTILITIES 4 N COMMISSION, of the THIRD PART S under and by virtue of an 1 Ane the 13th day of May, A.D. 1929, id ¢ istered in the Registry Office r Frgtin i of Ontario as No. 378 for * Laws, the City purchased and acquired "from HIS MAJESTY THE KING, in the t of the Province of Ontario, the elec- trical distribution system and the gas plant and gas distribution system in the City of p therein and hereinafter 'more rly described, and defined {as 3 s plant and gas distribution system), at Jig Rigi price or sum of $520,000.00 of which the sum of $210,000.00 represented the ue of the gas plant and gas distribution D WHEREAS by by-law passed on the 3rd day of July, AD. 1929, as No. 1950, _City established and entrusted to The ! Utities Commission the control, mainten- ance and management of the said gas plant fi gas distribution system (along with the {and Sant distribution system and the water- 'Works system); - AND WHEREAS it is the desire of the City and The Utilities Commission that the said gas plant and gas distribution system be 7 lh of to parties capable of im- proving and extending the same. AND WHEREAS the Purchaser has by ment in writing and dated the 3ist anuary, A.D. 1931, offered to pur- e said gas plant and gas distri. | bution system for the price or sum of condition (among 64, and on the ) that $100,000.00 shall be expended on he improvement, development and exten- | sion of the same, within one year; i AND WHEREAS it is the intention of the EP hereto that the said gas plant and ; 'distribution system shall be vested in bn ] operated by a company to be incorpor- ated and organized forthwith after the final E passing of the by-law authorizing this agree- sment under the name of Ontario Shore Gas \ Company, Limited or some other similar © name. . AND WHEREAS the Purchaser has re. | presented to the City and to The Utilities Be omission that he will forthwith after the nal passing of the by-law authorizing this "'agreement, incorporate and organize or cause to be Dearne and a such com- pany and that such company shall possess 3 "the necessary capital to and that it is the tention that such company shall develop, nin extend and operate the said gas A plant and gas distribution system and shall "extend the said gas service into a number of other cities and towns in the vicinity of Oshaw 3g : ~. AND WHEREAS, in order that the said "89 plant and gas distribution system may 16,312,60 [| April 1st, 1931, bears to the total b : each | sub. 16, ord Jars red by igh, Sieh sending 6,291.01 | | 16,138.60 Ines $196,619.07 $50,135.84 $30,135.89 $296,920.80 3. For thé consideration aforesaid the City and The Utilities Commission hereby trans- fer, assign, and set over to The Purchaser all existing contracts for the sale of gas to consumers who are being supplied from the Oshawa Gas System all benefit and advantage to be derived therefrom subsequent to the date of transfer herein referred to and The City and The Utilities Commission here. by grant to The Purchaser full right, power and authority to perform, enforce and enjoy every such customer contract from and af. ter the said date of transfer ds fully as the City, and/or The Utilities Commission, could do. And the City and The' Utilities Com- mission hereby assign and release to The Purchaser all their right and interest there- in subject as aforesaid. 4. The City hereby grants to The Pur. chaser all rights of way in, under, over, along and across the highways, sidewalks, alleys, bridges, and public grounds of the said City for the purpose of erecting, 'in- stalling, constructing, reconstructing, re. ning, of managing, and controlling the said gas plant and/or said gas distribution system, 5. The Purchaser shall hold the City free and harmless of and from any and all lia. bility, damages, actions and causes of ac. tions caused by or through the Purchaser in the erection, installation, construction, reconstruction, repair, operation, maintenance, management and control of the said gas plant and/or said gas distribution system. 6. The Purchaser will not during the erec- tion, installation, construction, reconstruc. tion, repairing, op i and i of said gas plant and/or gas distribution system unnecessarily impede public travel on the highways, sidewalks, alleys, bridges, and public grounds of the City and The Pur. chaser will leave all said highways, alleys, sidewalks, bridges, and public grounds upon which it may enter for the purposes herein authorized in as good condition as they were at the date of such entry to the satisfaction of the City Engineer, 7. If the Purchaser shall use any of the bridges now or hereafter built in the City cither as new bridges or to replace exist- ing bridges, to.carry the pipe lines or dis- tribution system of The Purchaser, he will compensate the City for the cost involved in the carrying of any such pipe lines or dis. tribution system or systems over, on, across, or under any such bridge in such manner as may be determined by the City Engineer, and if any dispute shall arise between the parties as to such cost, the same shall be referred to and determined by a Judge of the County Court of the County of Ontario, as sole arbitrator, under THE ARBITRA- TION ACT of the Province of Ontario, 8. The Purchaser further covenants and agrees with the City that the Purchaser will at all times and from time to time hereafter supply to the City and its inhabitants and within such limits as may constitute the City from time to time the gas requirements of the City and its inhabitants for domestic, commercial, industrial and all other purposes, in such volume or quantity as may be re- quired by the City and its inhabitants, And the Purchaser further covenants and agrees with the City that the rates or charges for gas to be supplied to the City and its in- habitants shall not. exceed the following :-- Service Charge: 40c net per month; Consumption Charg $1.55 per 1000 cubic feet per month: 83¢c per month: Minimum Gross Charge: Discount if paid with- in 10 days from date of bill PROVIDED THAT (a) When the consumption shall equal 250, 000 cubic feet per day, said consump- tion charge' shall not exceed $1.45 per 1000 eu. ft. per month, with discount of 10c per 1000 cubic feet of consump- tion charge on accounts paid within 10 days from date of bill 10c per 1000 cubic feet of consumption charge: (b) When the consumption shall equal 3,-. 000,000 cubic feet per day, said con- sumption charge shall not exceed $1.00 per 1000 cubic feet per month, 10. NOTWITHSTANDING ANYTHING herein contained, it is understood and agreed that the total consumption of gas produced from any and all such coking plant or gas plant as may be established in the City of Oshawa to supply the gas requirements of the City of Oshawa and/or the gas require- ments of any city, town or other municipality supplied from such coking plant or gas plant established in the City ip Oshawa by The Purchaser or by such company as may be incorporated and organized to own and oper. ate The Oshawa Gas System or by any com- pany affiliated with or subsidiary to such company, shall be the basis on. which the charges for gas shall be fixed, so that if at any time the total consumption of gas pro- duced from any such coking or gas plant es- tablished iA the City of Oshawa shall equal 250,000 cubic feet per day the consumption charge shall not exceed $1.45 per 1000 cu. ft. per month with the discount as hereinbe- fore set out, and if the total consumption of gas from any such plant or plants shall at any time equal 3,000,000 cu. ft. per day, such consumption charge shall not exceed $1.00 per 1000 cu. ft. per month. 11. The Purchaser covenants and agrees with the City that the Purchaser will spend not less than $100,000.00 in the improvement, developed, improved, extended and oper- W¥%ted by the Purchaser or by such y to the City has by instrument bearing even date herewith i "granted to the Purchaser and/or to such y an exclusive franchise for the sup- Ey f of gas to the inhabitants of the City 'of Osha all as set out in the said in- the best advantage, strument. : . AND WHEREAS, by instrument bearing even date herewith, the City has granted to the Putchaser a fixed assessment of N Eighty-four Thousand Dollars ($84,000.00) for 1 iod of ten years, upon and subject to terms of the said instrument; i NOW THEREFORE THIS AGREE- MENT WITNESSETH that for the con- sideration. hereinafter expressed the Parties hereto covenant, promise and agree each th the other as follows: -- ; . The City and The Utilities Commission for and in consideration of the mutual cove- nants and agreements hereinafter set out, agree to sell, convey, assign, trans- for and set over to The Purchaser and the rchaser agrees to purchase from The City The Utilities Commission, subject as reinalter provided, the gas plant and gas ribution system in the City of Oshawa wg in that part of the adjoining suburban Jnown as Westmount, in the Town. of East Whitby, now being operated 'The Utilities Commission under and by of the said hereinbefore recited by- . as more particularly described in dule "A" hereto attached and forming of this agreement, and also the business he distribution of gas in connection there. far as the City and/or The Utilities nmission have power to grant the same ) t to the distribution system in the area of Westmount, in the Town- East Whitby, (all of which is here- referred to as The Oshawa Gas Sys. Purchaser covenants and agrees the City and The Utilities Commis. that he will pay to the City for the gd Oshawa Gas Sy: ship of stem and as and for provided, the sum of $214,. erest at the rate of develop and of the said gas plant and gas distribution system within one year aiter April 1, 1931, and at the rate of not less than $25,000.00 every three months until the said total sum of $100,000.00 shall spent. In the improvement, development and extension of the said gas plant and gas distribution system the Purchaser shall em- ploy Oshawa labour at all times and for all A : 4 Purchaser will Yestive a i accounts a wil over to the City its propor tich of the Ye on the first day of each moth after April lst, 1931, with a statement shoving how the amount so paid over is made up, The P will not, h er, be olliged to take any action to collect any such fecounts. 15. AY insurance policies shall be taken over assi to The Purchaser and the 1931, shall be refunded and City, 16. At the time of closing the City will execute and deliver to the Purchaser a deed in the form set out in schedule "A" hereto annexed, and at the same time the Company incorporated and organized to own and oper ate the Oshawa Cas System will execute and deliver to the City a first mortgage cov. ering all of the said properties and assets in the form set out in schedule "C'" here- unto annexed. The said deed shall be com- pleted by filling in the date thereof which shall be the date of closing and also b filling in the name of the grantee whic! shall be the company incorporated ard or- anized to own and operate the Oshawa (Gas System, The, said mortgage shall also be completed by Sing in the same date as the date thereof and by filling in the name of the mortgagor which shall be the same as that of the grantee in the said deed. 17. It is understood and agreed that the properties and assets to be so conveyed to The Purchaser shall be in the same condi- tion as at the date of the offer made by the Purchaser, dated January 3lst, A.D, 1931, subject, however, to ordinary and reasonable wear and tear. 18. It is further understood and agreed that neither the City nor The Utilities Com. mission shall enter into any long term con. tracts which would tend to detract from the value of the said properties or the earnings therefrom, 19, The City shall convey the said assets and properties to The Purchaser in fee simple, with good, sufficient and marketable title and free and clear of all mortgages, liens, charges, claims and debts. 20. Neither the City nor The Utilities Com. mission shall be obliged to furnish the Pur- chaser with any abstracts of title or to procure or show any deed or deeds or evi- dence of title not in their possession, or any copies of deeds or papers, but the title to the said assets and properties shall be examined by The Purchaser at his own expense. 1f within ten days after the date when the City shall take the vote of the electors on the by-law authorizing the City to enter into this agreement, the Pur- chaser shall furnish the City with any ob. jections to title and the City shall be un. able or unwilling to remove the same, this agreement shall be null and void and the deposit money mentioned in paragraph 2 hereof returned to the Purchaser without interest, and the City and The Utilities Commission shall not be liable for any ex- Penis incurred by the Purchaser. Time to of the essence of this agreement. : a as of April 1st, paid over to the 2L. The Purchaser covenants and agrees with the City that The Purchaser will at the time of closing and in any event not later than April 1st, 1931, y to the City the cost of publishing all by-laws or notices of by-laws as required by the Municipal Act and the cost of taking the vote of the electors of the City to authorize this agree- ment and the agreement granting a fran- chise to the Purchaser bearing even date herewith and the agreement fixing the as. sessment of the Oshawa Gas System as hereinbefore set out. 22. The books of the Purchaser and of the company incorporated and organized to own and operate the Oshawa Gas System and of any and all companies subsidiary to or affiliated with such Company shall at all times be open to inspection by the City or its auditors to ascertain not only the or ded by the Pur- chaser or by such company in the exten- sion, development and improvement of the gas plant and gas distribution system within one year from the date. of closing as here- inbefore set out, but also for the purpose of ascertaining the consumption of gas pro- duced by the company incorporated and or- ganized to own and operate the Oshawa Gas System or such subsidiary or affiliated company to determine the maximum rates which may be charged by such company or by such subsidiary or affiliated A from time to time, in accordance with this agreement, 23. It is understood and agreed that ut the time of closing The Utilities Commi. ion will pay over to The Purchaser the cus. tomers' deposits pertaining to the Oshawa Gas System. And the Purchaser covenants and agrees with the City and the Utilities Commigsion that the Purchaser will at all times and from time to time indemnify and save harmless either and/or both the City and The Utilities Commission of, from and against any and all claims or demands that may be made against them or through them or either of them for or by reason of or arising out of the said customers' deposits but limited, however, to the amount of the said customers' deposits so paid to The Purchaser as aforesaid. 24. It 'is further understood and a re that the Purchaser shall, not later thay i First day of April, 1932, remove the two fuel oil storage tanks and pipes and valves connected thereto and referred to in Para. graph 1 (¢) in SCHEDULE "A" hereunto annexed, from the lands where the same are now set up, being Number 1 substation property, as also described and defined in said paragraph 1 (c) of Schedule "A" here- unto annexed, onto the lands or some part of the lands referred to and described in paragraph '1 (a) of Schedule "A" hereunto annexed; And the Purchaser will also on or before the First day of April, 1932, re. move all stores, tools, meters and appliances in the Bond Street warehouse as described in Paragraph 1 (g) of Schedule "A" here. unto annexed from the premises where the same are now located or stored onto the lands or some part of the lands referred to and described in paragraph 1 (a) of Schedule "A" hereunto annexed. 25. If the Purchaser fails to com lete th [lichase at the time and in he ierein set out then the cheque for $18,183.41 and the proceeds thereof held by the City purposes when diately fol. lowing the 1st days of July and October, 1931, and the 1st days of January and April 1932, the auditors of the City shall have ac- cess to the books of the company or of any other party or parties owning and operat. ing the. Oshawa Gas System to determine whether the said amownts have been ex- pended as aforesaid, and the finding and cer- tificate of the City's auditors shall be final and binding on all parties to this agree- ment, 12. The Purchaser further covenants and agrees with the City that any coking plant constructed by The Purchaser or by such company as may own and operate the Oshawa Gas System or by any company affiliated with or sub: y to suc pany to sups ply the City of Oshawa and/or territory within a radius of 100 miles of the City of Oshawa with coke and/or gas shall be con. structed within the limits of the City of Oshawa, and the City shall use its best en- deavors to obtain for such company or such affiliated or subsidiary company as may con- struct such coking plant any and all" lands that may be required for the purpose at the lowest possible cost. 13. It is understood and agreed that this agreement is collateral to two other agree- ments between the City and The Purchaser both bearing even date herewith, ome . viding that the assessment of the said Sh . awa Gas System shall be fixed at the sum of $84,000.00. for. the period of ten years, and the other granting to the Purchaser an ex- clusive franchise to supply to the in- habitants of the Cty of Oshawa, and that if for any reason the electors of the City fail to approve of the by-laws authorizing the said agreements or either of them, as by law required, or if the City is unable or fails duly to d 1 both of ling of the purchase shall be retained by the City as and for liquidated damages and not as a penalty, 2. Notwithstanding anything herein - tained, it is understood and 8 that if the City and The Utilities Commission shall be unable 40 close the sale on or before the date herein set out (April 1, 1931) on ac- count of the time necessarily intervening tween the vote of the electors pr Oshatwa on the by-law approving this agreement and on the by-laws approving the agreements hereinbefore recited and the third reading of the said by-laws according to the Muni. cipal Act then the matter shall be closed forthwith after the expiration of the said period of time following the vote of the electors of the City of Oshawa and the third reading and the final passing of the said by-laws by the Council of the Corpora. tion of the City of Oshawa. If the Pur. chaser is unable to close the purchase on the date herein set out (Apri! 1, 1931) on account of the time required to obtain the necessary Letters Patent to incorporate the Company to own and operate the Oshawa Gas System, then the Purchase shall be closed as soon as such Letters Patent are obtained. Notwithstanding the inability of either party to close the deal on or before the First day of ApH) 1931, as aforesaid, ments shall be made as of the First day of April, and during the period between the First day of April, 1931 and the closing of the deal, The Utilities Commission shall operate the Oshawa Gas Sytem or and on bejalf and at the rigk e Purchaser so that from : 3aid date the Purch shall a he r all costs, charges, and expenses of - ating the Oshawa Gas System and shatl an t the said agreements, then in that event the g anfium, oe due and 'ebrua; and Pp paid half-yearly on the "days of Fo ry and August each Py ig on for the period nd August 1st, 1931, the said amount nd as aforesaid to be paid as fol. jv um of $18,183.41 shall be paid bv the fey retaining the certified cheque of The h the said amount he City with the said offer of The Pur. pa pio ff IT ni as sesaid he paid by The Purchaser ota rhe Chr 1 Tre. Pi srorstre d t id e roe ri A Ontario under the of the City's Jurciase of the said a Gas Svstem fr the said, Hydro. : Commis Ontario, the same of 'amovnts and the times when for vear in ered to o ve pavabie, being as fo Pobuntan? * Interest Aung. 1 Feb. 1 4,670.41 P shall have the right to withdraw from and e to all the revenues theres Peru. ing after the said date. PROVIDED, How. ever, that the Purchaser shall make all . to declare this ag to be terminated and ended, and all parties here- to shall thereupon be freed from all obliga. tions hereunder, and the City shall there- 1 and diligent efforts to expedite the incor i and organization of the company to own and operate the said Osh. igh Gas System and to close the purchase Greed Dy the Cy, he enter pan e City, the cl le for $18, 183.41 referred to in Section 2 hereof. 14, Subject as hereinalter provided, the sale shall be closed as of and on or before A an. The City shall be Sespon, si sha all outsta ac- county as of the is date, and shall te en- titled to an adjustment of and to receive, as and when the same are collected by the Purchaser, all accounts receivable appor- tioned as of the said date. All accounts, for shall be apportioned as of April lst, and the amount payable to the City isbafl 'be determined as follows :-- rx) The amount due and owing on each #ér ice, Mscording to the meter reading next following April 1st, 1931, shall be determined and the City's portion of each such amount shall consist the fraction or proportion thereof that the number of days interven. J Feb. 1 4,670,41 TAAI7 40049 460.42 16,325.58 ing Leiween the last gueceding scading and set out, 27.'At the time of closing and the de. livery of the deed referred to completed as set out in paragraph Sevent hereof, the pany td and organized to own and ate the Oshawa Gas System and to wl the propertiés and assets herein. ore 10 shall be conv said deed, shall exepute and deliver to the City an agreement and undertaking in the words "and fizures as set out in schedule "I'* hereto which agreement and under. {aking shall be completed by filling in the te of the 'to which ed by the deed, the date of the agreements a "refer is made in the said Mrsament 204 undertaking, and the date heirs, assigns (as the case may be) of the sties hereto and icularly, subject as ereinbefore provid company to be incorp d and d to own and op- erate the Oshawa Gas System. : IN WITNESS WHEREOF the Parties of the First and Third Parts have hereunto affixed their respective corporate seals and caused the same to be signed by the proper officers and the Party of the ond Part has hereunto set his hand and seal. SCHEDULE "A" REFERRED to in agreement between I'he rporation of the City of Oshawa, The Qshawa Public Utilities Commission and Ben, E, Tate, dated the Twenty-fifth day of February, A.D, 1931. ALL AND SINGULAR the gas gener. ating plant and gas distribution system ac. quired by the City from HIS MAJESTY THE KING in the Right of the Province of Ontario, under and by virtue of the agreement dated the 13th day of May, A.D. 1929, and forming part of by-law No, 1948 of the City passed on the Third day of July, A.D, 1029, and registered in the Registry Office for the County of Ontario as No. TOGETHER with all alterations, extensions and additions thereto and which are con. trolled, maintained and managed bv the Public Utilities Commission of the Citv* of Oshawa for the manufacture and distribu. tion of gas in the said City of Oshawa and in the suburban area of Westmount, as herein defined, situate in the Township of East Whitby, and including but without restricting the generality of the foregoing, | the following: -- 1. (a) the site and buildings comprising the gas generating plant situate on the corner of Emma Street and west of the right-of-way of the Oshawa Electric Railway Company in the said city, being more nar. ticularly 'described in two certain deeds registered in the Registry Office for the County of Ontarin, namely: (i) Deed No, 13831, recistered the 9th dav of December, 1916, | Richard Edward Carswell to The Hvdro.Electric Power Commission of Ontario, of lot 73 on the north side of Emma Street, as in. dicated on James Gihbon's plan of part of lat 10 in the First Concession of the said City of Oshawa; (ii) Deed, No. 8856, registered the 7th dav of August, AD, 1%7, William C. Noxon to the City Gas Co., of Oshawa, T.imited of part of Tot 10 in the First Conceesion of the said City of Oshawa. Together with right of wav and all other rights described and defined in Instrument 8199, remictered the 5th dav of October, A.D. 1905, John Stacey to The Oshawa Heat, Light & Power Co., Ad. 1. (5) AN the said wafer mas generating nlant, including without limiting the gener. ality of the foregoing 2.5 foot Lowe Pro. cess water gas generating sets and serub. hers, condensers. purifiers, meters, holders, hoilers and auxiliary equipment in connec- tion therewith; 1. (ce) the two fuel oil storage tanks and nipes and valves connected theretn, on the No. 1 substation pronertv, situate east of Prosnect Street and North of Emma Street in the said City, but exclusive of the lands on which the said tanks, pipes and valves now stand. 1. (d) All gas mains, service pipes, pipe fittings, valves and drips, on highways for the purposes of the supply of gas to cus- tomers and also valves, pressure regulators and meters on customers' premises, both in the said city and in the suburban area of Westmount, as herein defined, in the Town. ship of Whitby East; 1. (¢) One Chevrolet Truck, Motor No. 3966144, Dody No. 197658, 1931 License No. 24.161 C. 1. (f) all stores, tools, spare parts, coal, coke, fuel oil, and other equipment at the said gas generating plant in the said City, and all fuel oil stores in tanks on the said No. 1 substation property, situate east of Prospect Street and north of Emma Street in the said City, as on the Ist day of April, AD, 1931; 1. (g) all stores, tools, meters and appli- ances in the Bond Street storehouse, per. taining to the Oshawa Gas System only, situate on the north-west corner of Church and Bond Streets in the said City, as on the 1st day of April, A.D. 1931. , 1. (h) All customers' contracts and records, mmventory records and all other records, documents, contracts and agreements relat. ing only to the Oshawa Gas System. 1. (i) All other property and assets of every nature, kind and description and in- cluding real property, personal property and mixed property belonging to or forming part of the Oshawa Gas System only, 1. (j) The whole of the above properties and any and all extensions thereof and addi. tions thereto shall be considered and taken as an entire unit and as an active, oper- ating gas producing and gas distribution system, SCHEDULE "B" Referred to in an agreement between The Corporation of the City of Osh- awa, The Oshawa Public Utilities Commission, and Ben E. Tate dated the Twenty-filth day of / AD: 1037 ¥ y February, . This schedule is a draft indenture made in pursuance of The Short Forms of Con. veyances Act, and in the usual form, whereby the Corporation of the City of Oshawa will convey to the company in. corporated and organized to own and oper- ate the Oshawa Gas System, all of the assets described in schedule "A" above re- ferred to and set out, SCHEDULE "Cc" Referred to in an agreement between Corporation of the City of Oshawa, Oshawa Public Utilities Commission, Ben E. Tate, dated the Twenty fifth of February, A.D. 1931, This is a draft indenture made in pur- suance of The Short Forms of Mortgages Act and in the usual long form, whereby the Company incorporated and organized to own and operate the Oshawa (a. System and to which the properties referred to in Schedule "A" will be conveyed under the conveyance synopsised in schedule "RB", will mortgage to the Corporation of the City of Oshawa all of the assets described and re. ferred to in schedule "A" above set out to secure the sum of $196,619.23, the terms of payment of the said amount and the in- terest thereon being as. follows :-- The The and day "PROVIDED this mortgage to be void on payment of One Hundred and Ninety.Six Thousand, Six Hundred and Forty-nine and 23/100 Dollars of lawful money of Canada, with interest to be computed from the 1st day of February, A.D. 1931, at 4%% per annum as follows: -- Instalments of principal and interest shall be due and paid on the 1st days of August and February each Year, commencing Aug- ust Ist, A.D, 1931, in the amounts follow- lowing, that is to say:-- Total Principal 1 Feb. 1 7,154.77 3 38 53 wr AD =Kss 2K! 8/I=REZ ee ata jaz 2 SENN a Syed 2 by SETS $3438 288828 15,033.50 15,747.49 $196,640.07 $50,135.84 $50,135,899 $296,920.80 the same results as the, sum of $25,- 000,00 or Lhe . "Pp _thereot were payable under this mortgage on the 15t of July, . y 19 A She Jue ave of ames Jos Apu, iof ami the Mortgagor ail to i the amounts nthe said manner 'and within: the said times, the mortgagee exercise all the powers and privi i . secured to i the case of default in payment of the Deifiipa) moneys and interest hereby ee cured." The said Rlortgage also contains the fol. Towing special provisions :-- "At any time after the have ex the sum ortgagor shall 'not less than $100,000.00 in the improvement, development and extension of the gas plant and gas dis tribution system as heréinbefore 'set out, the mortgagor shall have the' , to obtain from the mortgagee a this mort. gages (a) iby paying off this mortgage on any of the dates herein set out for the pay. ment of interest by paying the then out. osu hal incial. 'in 4 ion of the from A vill ment to which reference is made in the said that, in id 7 it of the i Slang and gas Bys- tem in the City of Oshawa, at the price and on the terms and conditions set out in the 'instrumient between the City and the Purchaser bearing even date h , and further, in' consideration of the mutual cove. nants and agreements hereinafter express to be mutually observed and performed, the Parties hereto covenant and agr.e each witn the other as follows :-- (1) The Sy hereby grants to the Pur. chaser the exclusive right, permission, privi lege and franchise, for a period of Fifty (5 years from and after the lst day of April, 1931, subject only to the laws of the Pro- vince of Ontario, and/or the Dominion of Canada, as now in force or may hereafter be in force, and to the conditions, and limi- tations hereinafter contained, to supply auc furnish gas to the inhabitants of the City construct, reconstruct, maintain, manage and ing plant and/or gas distribution system consisting of mains, pi s juits and other fixtures, within the limits with the schedule herein set out, and all interest then due or accrued; or (b) By: ing into an agre with the mortgagee in writing 'and under the seal of the Mortgagor to pay the then re. ini i \l of pri 1 and inter- est as set out in the schedule herein and by delivering to the mortgagee a bond or bonds executed by a Bonding or Surety Com- any satisfactory to the mortgagee and in orm satisfactory to the solicitor . for the mortgagee, said bond to be conditioned on its being void if and when the mortgagor shall pay all the then remainin, ments of principal and interest as aforesaid, and further upon the mortgagor furnishing the City with satisfactory evidence or assurance that it has paid or will pay all the premiums due or to fall due on such d or bonds during the entire period when the said in. stalments of principal and interest are there. after due, as aforesaid." The remainder of id draft mortgage is in the words and figures usually employed in long form mort, SCHEDULE "D"" REFERRED to in an b The of the City shed on the said dat. or as the said limits may be extended dus ing the said period of Fifty (50) years, neces sary, convenient or proper for the produc tion, transmission, distribution and delivery of 'artificial and/or. natural gas for light, heat and power purposes, to the said City and other municipalities and to its and ther inhabitants, (2) The City hereby grants to The Pur. chaser all rights-of-way in, under, over, along and across, the highways, sidewalks, alleys, bridges, and public grounds of the said City for the purpose of erecting, installing, con- structing, reconstructing, repairing, owning, operating, 'maintaining, managing and con- trolling, the said gas plant and/or said gas distribution system, a (3) The Purchaser shall hold the City free and harmless of and from any and all lia. bility, damages, actions and causes of ac- tions caused by or through the Purchaser in the erection, 'installation, construction, re- construction, repair, operation, maintenance, management, and control, of the ssid gas plant and/or said gas distribution system. (1) The Puichaser will not, during the Corporation of the City of Oshawa, the Pub. lic Utilities Commission and Ben E. Tate, dated the Twenty-fifth day of February, A.D. 1931, RNOW ALL MEN BY THESE PRESENTS at: WHEREAS by an agreement in writing dated the Twenty-fifth day of February, A.D. 1931, the Corporation of the City of Osh- awa and the Public Utilities Commission of the City of Oshawa agreed to sell and con- vey the Oshawa Gas System to Ben E, Tate together with the properties, rights, privi- leges and franchises as set out in the said agreement, and the s Ben E. Tate agreed to purchase the same in accordance with the terms of the said agreement; AND WHEREAS by an agreement in writ. ing dated the Twenty-fifth day of February, A.D, 1931, the Co ation of the City of Oshawa granted to Ben E. Tate a franchise for the supply of gas in 'the City of Oshawa, subject to the terms, conditions and coven ants in the said agreement contained; AND WHEREAS it is the desire and in tention of the said parties and the under. signed that the said agreements and all the rights, properties, privileges and franchises included therein shall be vested in the under- signed and that the undersigned shall assume all the covenants and other obligations there in entered into by the said Ben E. Tate; AND WHEREAS the said agreements have been authorized by the electors of the City ¢ , install construction, recon- struction, repairing, operating and mainten ance, of said gas plant and/or gas distri: bution system, unnecessarily impede public travel on the highways, sidewalks, alleys, bridges, and public grounds, of the City, and the Purchaser will leave all said highways, alleys, sidewalks, bridges, are gublic grounds, upon which he may enter for the purposes herein authorized, tn as pood condition as they were at the date of such cary, to the satisfaction of the City Engineer. (5). If the Purchaser' shall uce any of the bridges now or hereafter built in the City either as new bridges or to replace existing bridges, to carry the pipe lines or distribu. tion system of The Purchaser, he will com- pensate the City for the cost involved in the carrying of any such pipe lines or distribu- tion system or systems over, on, across, or under, any such bridge in such manner as may be determined by the City Engineer, and, if any dispute shall arise between the parties as to such cost, the same shall be referred to and determined by a Judge of the County Court of the County of Ontario, as sole arbitrator, under THE ARBITRA TION ACT of the Province of Ontario. (6) The Purchaser further covenants and agrees with the City that the Purchaser will, at 'all times and from time to time here- after, supply to the City and its inhabi. tants and within such limits as may con- stitute the City from time to time, the gas requirements of the City and its in. habi for 'domestic, commercial, indus- of Oshawa in accordance with the Act and the undersigned has been incorpor- ated and organized with powers enabling it to own and dperate the said Oshawa Gas System in accordance with the terms of the said agreements. t AND WHEREAS the Corporation of the City of Oshawa has by indenture of even date herewith conveyed to the undersigned all of the said assets and properties referred to in the said agreements; NOW THEREFORE the undersigned in consideration of the conveyance to it of the said assets and properties, hereby covenants and agrees with the Corporation of the City of Oshawa to assume, be responsible for and to perform, and the undersigned does hereby assume all the terms, conditions and coven- ants in the said agreements set out to be performed by the said Ben E. Tate in the same manner and to the same extent as if the undersigned had been named in the said agreements in the place and stead of the said Ben E. Tate. And. the undersigned acknowledges to the Corporation of the City of Oshawa that the conveyance to it of the said assets by the said indenture has been made upon and sub. ject to the terms and conditions of the said agreements, Dated the A.D. 1931, IN WITNESS WHEREOF the undersigned has hereto set its corporate seal and ed the same to be signed by its proper Officers. NUMBER TWO THE CORPORATION OF THE CITY OF OSHAWA BY-LAW NO. A BY.LAW to authorize the granting of a franchise for the supply of gas in the City of Oshawa. WHEREAS Ben E. Tate has offered to purchase from the City of Oshawa the gas plant and gas distribution system in the said City of Oshaws, upon and subject to the terms of a proposed agre b the said Ben E. Tate and The Corporation of the City of Oshawa; AND WHEREAS it is « condition and term of the offer of the said Ben E. Tate that upon the purchase of the said gas plant and 8 distribution system, the City of Osh. awa shall grant to him an exclusive fran- chise to supply gas to the inhabitants of the City of Oshawa for a period of fifty years; AND WHEREAS the terms of an agree- ment between the said Ben E. Tate and the Coroporation of the City of Oshawa pro- viding for the granting of the said franchise upon certain terms and conditions as there- in set out have been settled; NOW THEREFORE THE CORPORATION OF THE CITY OF OSHAWA by its coun- cil enacts as follows:-- 1. That the Corporation of the City of Osh- awa do 'enter into an agreement with Ben E. Tate, a true co of 'which said agree- ment is attached hereto as schedule "A" to this by-law and forms part Igreof. 2. That after the final passing of this by-law the Mayor and Clerk be and they are hereby authorized to execute the said sgree- ment and to affix the corporate seal of the Corporation hereto. SCHEDULE "A" REFERRED to in & by-law to authorize the granting of a franchise for the supply of gas in the City of Oshawa, THIS AGREEMENT made (in duplicate) this Twenty filth day of February, A.D. 1931, BETWEEN :-- THE CORPORATION OF THE CITY OF OSHAWA hereinafter called THE CI of the FIRST PART Chicago, ASER of the SECOND PART WHEREAS, by instrument bearing seven date herewith, the City has agreed to sell to the Purchaser and the Purchaser h agreed to purchase from the City the gas plant and gas distribution system in the City of Oshawa at or for the price or sum of $214,832.64, upon and subject to the terms and conditions therein. set out; AND WHEREAS it is the intention of the Parties hereto that the sald gas plant and gas distribution system shall vested in and operated by a Company to, be incor. day of ~ and -- : BEN E. TATE, of 'the THE City of hereinafter called PURCH AND upon due performance in all IP of the terms and eonditions of an agree. ment between Ben E. Tate, the mortgagee and others, dated February 25th, AI); 1931, particularly, (but without restricting the gen. erality of the foregoing) the covenants and condition in the said agreement that the Moftgagor will within one year after the 1st day. of April, 1931, spend not less than $100,000.00 on the gas plant and gas distri bution system in the City of Osl awa, ac. quired by the Morigagor under the said +| agreement, the said amount to be spent at the rate of not less than ,000.00 every three months, commencing April 1st, 1931; and it is understood and sgreed that if the Mortgagor shall fail to spend not less than $25,000.00 every three months and a total of $100,000.00 within ome year after April Ist, 1931, as certified by the auditors of the City of Oshawa alter examin the books of the Mortgagor, then the failure of the the and 8 which shall be the date of closing. 28. This agreement and everything herein contained shall extend to, include and enure to.the benefit of and be binding upon the to expend the said amount in and x fo HHwith alter She final passing of the By-Law authorizing this Aa Er the name of Ontario Shore (Gas Company, Limited, or some other simi. lar name; AND WHEREAS the. Purchaser has repre: sented to the City and to The Utilities Com- mission that he will forthwith after the final passing of the By.Law authoriting this Agreement, incorporate and orgatiize of cause to be. incorp d and org d 'such com- pany, and that such company shall possess the necessary capital to and that it is the intention that such Corapany ehsll develop, improve, exténd and operate the said 'gas plant and gas distribution system, snd shall extend the said gas service into & number of other cities and towns 'in the vicinity oi Oshawa; ic AND WHEREAS, by. instrument bearing ith, the City has granted to as; Ei d Dollars fr and de of the said gas plant and gas distribution system ghall be regarded as default under this mortgage to tio same extent sad with fou 4000.00) for & per" r & per iod of Ten (10) years, upon and subject so the terms of the said instrument; NOW, THIS AGREEMENT WITNESSSTH trial and all other purposes, in such volume or quantity as may be required by the City and its inhabitants, And the Purchaser further covenants and agrees with the City that the rates or charges for gas to be sup- plied to the City and its inhabitants shall not exceed the following: -- 40c net per month; $1.55 per 1000 cubic feet per month; 83c per month; Service Charge: Consumption Charge: Minimum Gross Charge Discount if paid with in 10 days from date of bill, PROVIDED THAT (a) When the consumption shall equal 250,000 cubic feet per day, said con- sumption charge shall not exceed $1.45 per 1000 cu, ft. per month, with dis- count of 10c per 1000 cubic feet of con sumption charge on accounts paid with in 10 days from date of bill. (b) When the consumption shall equal 3,- 000,000 cubic feet per day, said con- sumption charge shall not exceed $1.00 per 1000 cubic feet per month, (7) NOTWITHSTANDING anything here- in contained, it is understood and agreed that the total consumption of gas produced from any and all such coking plant or gas plant as may be established in the City of 10¢ per 1000 cubic feet of Consumption Charge, Ag Undertaking, and the date of the said ent and Undertaking, which shall be the date of closing. (12) This agreement and everything here. in contained shall extend to, include, enure fo the benefit of, and be binding upon, the eifs, dmini Ss, and assigns (as the case may be), of the Jaities hereto, and particularly, subject as ercinbefore provided, the Company to be incorporated and organized to own and oper- ate the Oshawa Gas System. IN WITNESS WHEREOF the Party of the First Part has hereunto affixed its cor- [orate seal and caused the same to be signed y the proper officers, and the Party of the Secon Part has hereunto set his hand and seal, SCHEDULE "A" REFERRED to in.an agreement between The Corporation of the City of Oshawa and Ben E. Tate, dated the Twenty-filth day of February, A.D. 1931. This schedule is a draft undertaking and agreement to be signed at the time of clos- ing by the company to be incorporated and organized to own and operate the Oshawa Gas System, whereby the said company will covenant and agree to assume, be respon- sible for and perform all the terms, condi- tions and covenants to be performed by Ben E. Tate as set out in the agreement of which this schedule forms part. This schedule is the same as schedule "D" referred to and fully set out as part of the agreement referred to in the by-law num- bered 1 above set out. NUMBER THREE THE CORPORATION OF THE CITY OF OSHAWA BY-LAW NO. A BY.LAW to fix the assessment of the Oshawa Gas System at $84,000.00 for the period of ten years. WHEREAS Ben E. Tate proposes to pur- chase from the Corporation of the City of Oshawa the gas plant and gas distribution system in the said City and to undertake the improvement, development and extension thereof and has requested that a fixed as sessment be granted to him and/or such company as may be incorporated and or- ganized to own and operate the said Osh. awa Gas System and/or any company asso- ciated or affiliated with or subsidiary to such company for the period of ten years at the sum of $84,000.00; AND WHEREAS the Corporation deems it advisable to grant the said request, and the terms of an agreement between the said Cor- poration and the said Ben E. Tate have been settled; NOW THEREFORE the Corporation of the City of Oshawa by its Council enacts as follows :-- 1. That the Corporation do enter into an agreement with Ben. E. Tate, a true copy of whith said agreement is hereto attached as Schedule "A" to this by-law and forms part thereof, 2. That after the final passing of this by. law the Mayor and Clerk be and they are hereby authorized to execute the said agree- ment and to affix the corporate seal thereto. SCHEDULE "A" REFERRED to in a by:aw to fix the as. sessment of the Oshawa Gas System at $84,000.00 for the period of ten years. MEMORANDUM OF AGREEMENT made (in duplicate) this Twenty-fifth day of February, A. BETWEEN: THE CORPORATION OF THE CITY OF OSHAWA, hereinafter called the CITY, of the FIRST PAR1 ~ and -- BEN E. TATE, of the City of Chicago, hereinafter called the PURCHASER, of the SECOND PART WHEREAS the Purchaser has by docu- ments of even date herewith purchased from the City the gas plant and gas distribution system in the City of Oshawa (hereinafter referred to as The Oshawa Gas System) now owned the City and operated by the Public Utilities Commission of the City of Oshawa. AND WHEREAS it is the desire of the parties hereto that during the period when, it is ccetemplated, the Purchaser shall im. prove and extend the said Oshawa Gas Sys- tem, the said properties should bear a fixed assessment to assist the Purchaser in so doing; NOW THIS AGREEMENT WITNESSETH that in consideration of the premises, the parties hereto covenant and agree each with the other as follows: 1. The City hereby grants to the Purchas- er for and during the period of ten (10) years, from and including the year 1931, a fixed assessment of $84,000.00 on all lands, buildi plant, hinery and all other as- .D. 1931, Oshawa to supply the gas req of the City of Oshawa and/or the gas requirements of any city, town or other municipality supplied from such coking plant or gas plant established in the City of Oshawa by The Purchaser or by such Company as may be incorporated and or- ganized to ow operate The a Gas System or |, any company a. at. with or subsidiary to such company, shall be the basis on which the charges for gas shall be fixed, so that, if at any time the total con- sumption of gas produced from any such cok- ing or gas plant established in the City of Oshawa shall equal 250,000 cubic feet per day, the consumption charge shall not ex- ceed $1.45 per 1000 cubic feet per month, with the discount as hereinbefore set out, and, if the total consumption of gas from any such plant or plants shall at any time equal 3,000,000 cubic feet per day, such con- sumption charge shall not exceed $1.00 per 1000 cubic feet per month, (8) The Purchaser furtlier covenants and agrees with the City that any coking plant constructed by The Purchaser or by such Company as may own and operate the Osh awa Gas System or by any company affiliated with or idiary to such ny to sup- ply the City of Oshawa and/or territory with- in a radius "of e hundred (100) miles of the City of Oshawa with coke and/or gas shall be constricted within the limits of the City of Oshawa, and the City shall use ite best endeavors to obtain for such com. pany or such affiliated or subsidiary pany as may construct such coking' plant any and all lands that may be required for the pur- pose at' the lowest possible cost. (9 IT IS UNDERSTOOD AND AGREED that this agreement is collateral to two other agreements between The City and The Pur. chaser, both bearing even date herewith, one providing that the assessment of the said Oshawa s System shall be fixed at the sum of Eighty-four Thousand Dollars ($84, 000,00) for a period of ten (10) years, and the other providing for the sale to the Pur- chaser of the said Oshawa Gas System for the sum 'of Two Hundred and Fourteen Thousand Eight Hundred and Thirty-two Dollars and Sixty-four Cents ($214,832.64). and that, if for any. reason the electors of the City fail. to approve of the By-Laws sessable property of the Purchaser and/or of such company as may be incorporated and organized to own and operate and which does own and operate the said Oshawa Gas System and/or any company associated or affiliated with or subsidiary to such com- pany and all improvements and extensions thereof or thereto during the said period and including also, but without restricting the generality of the foregoing, any cok- ing plant and/or gas distribution system that may be constructed or erected by the Purchaser or by such Company as may be incorporated and organized to own and oper- ate and which does own and operate the said Oshawa Gas System and/or any company associated or affiliated with or subsidiary to such company, PROVIDED, however, that all such lands, buildings, plant, mach. inery and other assessable property are used bona fide in the manufacture, produc. tion and distribution of gas and coke or by- products therefrom. 2. The said assessment of $84,000.00 shall be the total includi busi of the Purch or of such com- pany as may be incorporated ard organized to own and operate and which does own and operate the said Oshawa Gas System and/or any company associated or affiliated with or bsidiary to such y. 3. Notwithstanding anything herein con. tained this agreement shall in no way apply to or effect taxation for school purposes or local improvements. 4. The Purch and such y as may be incorporated and organized to own and operate and which does own and operate the said Oshawa Gas System and/or any iated with or idi to such company shall at all times be liable for and shall pay to the City all and such taxes, rates and charges as may be levied against the City by the Province of Ontario, The Dominion of Canada or other governing body and any and all other taxes, rates and charges over which the City may not have control, for or by reason of or in respect to the said Oshawa Gas System. 5.'This agreement and everything herein contained shall extend to, include and binding upon the heirs, executors, adminis- trators, successors and assigns of the parties hereto and particularly such company as may be incor d ized to own Juthorising, Gither o Je nid Ag nt as aw required, or if the City is unable or fails duly to and lete both of and or and and which does own and oper- ate the said Oshawa Gas System and/or any iated or affiliated with or sub- the said Agreements, then, in that event, the Purchager shall have the right to with. draw from and declare this agreement to be terminated and ended and all parties' hereto shall thereupon be freed from all obliga« tions hereunder, (10) The books 'of The Purchaser and of the y i P d and organized to own and operate the Oshawa Gas System and/or 'any and all companies subsidiary to or affiliated with such Company shall at all times be open to inspection by the City or its auditors to ascertain not only the amount ted e Purch sidiary to such .company, IN WITNESS WHEREOF the Mayor and Clerk: of the City of Oshawa have hereunto set their hands and the rate seal of the City has hereunto been affixed, and the Purchaser has hereunto set his hand and seal AND NOTICE is hereby further given that the vote of the electors of the said City qualified to vote on money by-laws shall be taken on the above by-laws numbered 1 and 3, and that the vote the Municipal or of by such company in the extension, develop- ment a ement of Hoe gas plant and distribution system within one year Be intribgte of End as hereinbefore set i be taken on the above by-law number , all on the same day and at the "same time, namely the *2lst day of March, 1931, between the hours of ten o'clock in the forenoon and seven o'clock in the ai- out, but also for the purpose of g the i gas prod by the com- pany incorporated and organized .to own and rate the Oshawa Gas System or such sub- hlinsy or affiliated company to determine the maximum rates which may be charged such company or by such subsidiary or af. filiated company from time to time, in ac- d with this ag (11) At the time of the execution of this Agreement and the delivery thereof by the City, the Company incorporated and organ- ired to -own und operate the Oshawa Gas ystem, and to which the said Oshawa Gas ystem is conveyed in accordance with the Agreement between The City, The Purchaser, will execute and ver to the City a hereto, which said Agreement and UnJer- and The Public Utilities ssion of the tay of Oshawa, bear even date here- t an t dnd Undertaking in the words as set out in edule "A taking shall be completed by filling in the fate of the Deed, Dato of the Agree. at the ng places and the y returning officers poll v. J: [Somprisiog all thar past of the South-West Ward 'bounded on the North by King Street, on the South by Gibbs Street, on the East by Simcoe Street, and on the West by the Creek, at the Centre Street School; H." A. Breakell shall be Deputy Re- tu: Officer, and William Short shall be Poll Div. 2, comprising all that part of the South-West Ward bounded 'on the North by King Street, on the South by the C.P.R., on the East by the Creek, and on the West by Park Road, at 78 Burke Street; Harry Rowland shall be Deptity Returning Officer and William Hayes shall be Poll Clerk there at for that part of the Voters' List of Ithi Polling Sub-division from "A" to "L" both inclusive; and Emest L. Bamhart shall be Deput Returning Officer, and W, E, Fields shall Te Poll Clerk thereat for that part of the Voters' List of this Polling Sub-Division from "M" to.*Z" both inclusive. mely Div, 3, comprising all that part of the South-West Ward bounded on the East by Simcoe Street, on the West by Park Road, on the South by Bloor Street, and on the North by Gibbs Street between Simcoe Street and the Creek and by the C.P.R. between the Creek and Park Road at 428 Simcoe St. South; Charles Giles shall be Deputy Returning Officer and Earl Edmondson shall be Poll Clerk thereat for that part of the Voters' List of this Polling Sub-division from "A" to "L" both inclusive; and Charles Fleming shall be Deputy Returning Officer, and Horace McMurter shall be Poll Clerk thereat for that part of the Voters' List of this Polling Sub-Division from "M"" to "Z" both inclusive. Div. 4, 'comprising all that part of the South-East Ward lying between King Street and Bruce Street and tween Simcoe Street and the Ritson Road at Miller and Libby's Store, Celina Street; Charles Richards shall be Deputy Returning Offi- cer and W. Collins shall be Poll Clerk thereat for that part of the Voters' List of this Polling Sub-division from "A" to "L" both inclusive; and Charles P, Daly shall be Deputy Returning Officer and Wn. Sugden shall be Poll Clerk thereat for that part of the Voters' List of this Polling Sub- division from "M" to "Z" both inclusive. Div. 5, comprising all that part of the South-East Ward bounded on the North by Bruce Street, on the South by Elm Street, Wilkinson Avenue, Stacey Avenue from Court Street to. McKim Street and Eldon Avenue from McKim Street to the Ritson Road, on the West by Simcoe Street, and on the East by the Ritson Road, at Albert Street School;* J. C. Rutherford shall be Deputy Returning Officer and C. A. Ver- moen shall be Poll Clerk thereat for that part of the Voters' List of this Polling Sub-divi- sion from "A" to "L" both inclusive; and Benjamin Ewing shall be Deputy Returning Officer 'and L. Corin shall be Poll Clerk thereat for that part of the Voters' List of this Polling Sub-Division from "M" to "Z" both inclusive. Div. 6, comprising all that part of the South-East Ward bounded on 0 North by Elm Street, Wilkinson Avenue, Stacey Ave- nue from Court Street to McKim Street and Eldon Avenue from McKim Street to Rit. son Road, on the South by Bloor Street, on the East by the Ritson Road and on the West by Simcoe Street, at Simcoe Street South School; Chas, F, Sturgess shall be Deputy Returning Officer and Jeffrey Authors shall be Poll Clerk thereat for that part of the Voters' List of this Polling Sub.division from "A" to "L" both inclusive; and Thos. W. Metcalfe shall be Deputy Returning Offi- cer and George Hardsand shall be Poll Clerk thereat for that part of the Voters' List of this Polling Sub-division from "M" to "Z" both inclusive, Div. 7, comprising all that part of the South-East Ward lying to the East of the Ritson Road between King Street and Bloor Street at 165 Ritson Rd. South; Charles Brockman shall be Deputy Returning Officer and James Pickup shall be Poll Clerk there- at for that part of the Voters' List of this Polling Sub-division from "A" to "L" both inclusive; and George Metcalfe shall be De- puty Returning Officer and John E. Rolie shall be Poll Clerk thereat for that part .of the Voters' List of this Polling Sub-Divi. sion from "M" to "Z" both inclusive. Div. 8, comprising all that part of the North-West Ward lying to the uth of the centre line of Colborne Street produced to the Western Limit of the City, at the City Hall, Simcoe Street North; William A. Mack shall be Deputy Returning Officer and W. Cooper shall be Poll Clerk thereat for that part of the Voters' List of this Polling Sub- division from "A" to "L" both inclusive; and Roger Armitage shall be Deputy Re- turning Officer and Clarence Clary shall be Poll Clerk thereat for that part of the Vot. ers' List of this Polling Sub-division from "M" to "Z" both inclusive, Div. 9, comprising all that part of the 'North-West Ward lying to the North of the centre line of Colborne Street produced to the Western Limit of the.City at the Sep- arate School; Alex Walker shall be Deputy Returning Officer and Claude B. Morrison shall be Poll Clerk thereat for that part of e Voters' List of this Polling Sub-division from "A" to "F" both inclusive; W. L. Wannamaker shall be Deputy Returning Of- ficer and James Alexander, Jr. shall be Poll Clerk thereat for that part of the Voters' List of this Polling Sub-division from "G' to "M" both inclusive; and J. H. B, Mear shall be Deupty Returning Officer and Thos. E. Beard shall be Poll Clerk thereat for that part of the Voters' List of this Polling Sub- division from "N" to "Z" both inclusive. Div. 10, comprising all that part of the North-East Ward bounded on the South by King Street, on the North by Aberdeen Street, on the West by Simcoe Street, and on the East by Mary Street at 141 Simcoe Street North; Floyd Reesor shall be Deptty Returning Officer and Geo. Mepstead shall be Poll Clerk thereat for that part of the Voters' List of this Polling Sub-division from "A" to "L" both inclusive; and F. R. Laycoe shall be Deputy Returning Officer and Thos. M. Oliver shall be Poll Clerk there. at for that part of the Voters' List of this Polling Sub-division from "M" to "Z" both inclusive. Div. 11, comprising all that part of the North-East Ward bounded on the North by Alice Street from Mary Street to the Ritson Road and North boundary of the City from Ritson Road to the Eastern boundary, on the South by King Street, on the East by the Eastern Boundary of the City, and on the West by Mary Street, at Mary Street School; Danfel B. Rogers shall be Deputy Returning Officer and John Cameron shall be Poll Clerk thereat for that part of the Voters' List of this Polling Sub-division from "A" to "F" both inclusive; Oswald S, Hobbs shall be Deputy Returning Officer and H. C. Carnell shail be Poll Cle thereat for that part of the Voters' List of this Polling Sub-division from "G" to "M"" both inclu- sive; and William Goold shall be Deputy Returning Officer, and George Cowdrey shail be Poll Clerk thereat for that part of the Voters' List of this Polling Sub-division from "N" to "Z" both inclusive. Div. 12, comprising all that part of the North-East Ward bounded on the North by the North boundary of the City, on the South by Aberdeen Street and Alice Street, on the West by Simcoe Street from the North boundary of the City to Aberdeen Street and Mary Street from Aberdeen Street to Alice Street, and on the East by the Ritson Road, at 98 Alice Street; Allan Bur- rows shall be Deputy Retuming Officer and John Thompson shail be Poll Cletk thereat for that part of the Voters' List of this Polling Sub-division from "A" to "F" both inclusive; C. H, Jameson shall be Deputy Returning Officer and Archie R. Wilson shall be Poll Clerk thereat for that part of the Voters' List of this Polling Lib aivision from "G" to "M" both inclusive; and Wal- ter Terry shall be Deputy Returning Officer and Hugh Cunliffe shall be Poll Clerk thereat for that part of the Voters' List of thi Polling Sub-division from: "N" to * inclusive, Div. 13, comprising all that part of the City of Oshawa south of Bloor Street, at the Cedar Dale School; William Bis shall be; Deputy Returning Officer and bert Stdart shall be Poll Clerk thereat for that of the Voters' List of this Polling Sub- ivision from "A" to "L" both inclusive; and Thomson S. Aikman shall be Deputy Return- ing Officer and Lloyd L. Fowler shall be Poll Clerk thereat for that past of the Voters' List of this Polling Sub-division from "M" to "Z" both inclusive. AND NOTICE IS FURTHER GIVEN that on the 20th day of March, 1931, at the hour of ten o'clock in the forenoon at the City Offices ingthe said Municipality has fixed as the time and place for the ap- pointment of persons to attend at the poll- ing places and at the final summing up of the votes by the Clerk and that if the as- sent ot fle Sleglors is Shisined oo Propos y-laws or any of them it or will be taken into consideration by the Many cipal Council of the said Corporation at a meeting thereof after the expiration of one month after the date of the first publica- tion of this notice, and that such first pub lication was made on the 27th day of Febru- ary, AD, 1931. AND NOTICE 1S FURTHER GIVEN that a tenant who desires to vote said pro- posed by-laws numbered 1 and 3 must de- liver to the Clerk not later than the tenth day before the day appointed for taking the vote a declaration under The Evi- dence Act, that he is a tenant whose lease extends for the time for which the debt or liability is to be created, or in which the money to be raised by the proposed by-laws is payable, ur for at least twenty-one years, and that he has by the lease covenanted to pay all municipal taxes in respect of the property of which he is temant, other than local improvement rates. F. E. HARE CITY CLERK. Dated at Oshawa the 27th day of February, 1931,