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THE OSHAWA DAILY TIMES, FRIDAY, FEBRUARY 27, 1931 PAGE SEVEN i Public Notice 4 except al to L] marked sc! My "Band oo referred to in t! apreetnent forming Jut of ie br except also as to schedu! Beal HAN ralereed "10 in the agreement forming part of the by-law num. bered 2, which, a reinafter att out, are syhopses of the sald Schedules) all of which are to be submitted to a vote of the electors ret © herel said by-laws numbered 1 and mitted to the vote of the electors Nt wote on a money Droiaw, the said 6 2 to be submitted to the vote Manicipal eledtors: : . NUMBER ONE THE CORPORATION OF THE ory SF OSHAWA A BY.LAW TO WO tORize the sale of the Oshawa Gas WHEREAS under and a a 10 : 3 the Corporati Bh i g unt for 'the byuawi, Ls {urthes by virtue of the agreement forming part thereof the from: HIS MAJESTY THE KING in the eight of the Provinces of Ontarlo, the : plant dnd distribution system in the ty of Oshawa; ; AND WHEREAS Ben E. Tate has offered to purchase the sald gas plant and gas dis. tribution system upon and subject to the terms of an agreement between the Cor. poration of the City of Oshawa and the said Den E. Tate, and The Public Utilities Commission of the City of Oshawa, which said terms of sald agreement have been settled) NOW THEREFORE the Cotporation of the City of Oshawa by its Council enacts as follows t= 1, That the Corporation of the City of Oshawa do enter into an agreement with Ben E. Tate and the Public Utilities Com. mission of the City of Oshawa, a true copy of which said agreement is attached hereto as Schedule "A" to this bylaw and forms part thereof. 2. That after the final Dassing of this by-law the Mayor and Clerk be and they are hereby authorized to execute the said agree. ment and to affix the Jotporate seal of the Corporation thereto and also to execute the d forming Jen of the sald agreement as schedule * hereto and to ie the corporate seal of the Corporation thereto, HEDULE "A" REFERRED to in a by-law to authorize the sale of the Oshawa Gas System, HIS AGREEMENT made (in Lighistte) Pin Sieh y: Ath day of February, A.D, 191, THE GORPORATION OF THE CITY OF OSHAWA hereinafter called THE ' of the FIRST PART LBEN E. TATE, of the City of Chicago, herelnafter calied THE PURCHASER, of the SECOND PART PUPS UES ad 1 ereinafter called THE UTILITIES COMMISSION ' . of the THIRD PART WHEREAS under and by virtue of an agreement dated the 13th day of May, A.D. 1 and registered in the Registry Office * one Cogiity of Onfasie - 9 Sra fou 's, the 13 urehas and acquire from Tis MATEGTY THE KING, in the ight of the Province of Ontario, the elec. teical distribution system and the gas plant and gas distribution system in the City of Oshawa, as therein and hereinalter more particularly described, and defined (as to the gas plant and gas distribution Syitem), at or for the price or sum of $520,000.00 of which the sum of $210,000.00 represented the value of the gas plant and gas distribution stem | AND WHEREAS by bylaw passed on the 3rd day of July, AD. 1929, as No, 1950, the City established and entrusted to The Utilities. Commission the control, mainten. ance and management of the said gas plant and gas distribution system (along with the electrical 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 disposed of to parties capable of im: proving and extending the same. AND 'WHEREAS the Purchaser has by instrument in writing and dated the 3ist day of January, AD, 1931, offered to pur: chase the said gas plant and gas distri. bution system for the price or sum of 4,832.64, and on the condition (among Others) that $100,000.00 shall be expended on the improvement, development and exten. sion of the same, within one year; WHEREAS it is the intention. of the to that the sald gas plant and tion system shall be vested in ated by a company to be incorpor- organised forthwith after the final ¢ by-law itharising this agree. of Ontario Shore Gas Company, Limited or some other similar name. AND WHEREAS the Purchaser has re. 6d to the City and to The Utilities fission that he will forthwith after the nal passing of the by Jaw authorizing this agreement, incorporate atid organize or cause to be incorporated and organized such com. panty and that such Company shall possess sary capital to and that it is the intention that such company shall develop, improve, extend and operate the sald gas plant and gas distribution system and shall extend the said gas service into & number of other elties and towns in the vicinity of Oshawa; AND WHEREAS, in order that the said foo plant and gas distribution system may dev , improved, extended and oper. Jaw the ated the Purchaser or by such compan: to Ay best antage, the City ue by instrument = bearing even date therewi granted to the Purchaser and/or to such A ply of ges to the inha . the City of 'Oshawa, 'all as set out in the sald in. strument, AND WHEREAS, instrument bearing even date herewith, the City has granted 0 the. 'Purchaser a. fixed assessment of iy-four Thousand Dollars ($84,000.00) for a od of ten years, upon and subject to the terms of the sald instrument; NOW R. ORE THIS AGREE. MEN E that for the eon. sideration ter the Parties hereto 'covenant, promise and agree each with_the other as fons 1. The City The Utilities Commission for and in tion of the mutual cove. te falter set out, 16 sell, convey, assign, trans. fer and set over to The Purchaser and the Purchaser agrees to purchase from The City LR i , the nt a i. tribution system in he Cf of Oshawa id in that part of the adjoining submrban as Westmount, in the Town. ast Whithy, now being operated titities Commission or and by te of the said hereinbefore vecited by. , all as more particularly described in edule "A" hereto attached and forming t of 148 agesaient. » also the business the distrib as in connection there. so far as Hw A and/or The Utifities er to grant the same respect to the distribution system in the rban area of Westmount, in the Town. in of East ith, of which is hefe. het referred to a Oshawa Gas Sys. The Purchaser covenants and Agrees th the City and The Utilities Commis. that he will pay to the City for th ase of the said pronerties herein, . ¢ as hereinafter provided, the sum of $214, 84, together with interest at the rate oy % per agnum, computed and eomponnde to he and paid Vall yearly ont "the of February and Aw each r, commencing on and for the period ing August 1st, 193, the said amount terest as aforesaid to be paid as. fol. pr) The stig of $18483.41 shall be paid by the yt retaining a Serrified heres of fhe Aser I& 8A Ll ver to City -- the po Pr of The Pi ager, hereinbefore referred to, The re. ining balance of principal and interest as aanid shall be paid The Purchaser Ty, Cl, tr mts pa the City to ie Hydro. Flect lower Commission of Optaria tinder sof the City's pitch of the dai haws Cag rom th anid Hydro. the same ectric Power Com 4 arene vane ow gd yo Tony rian of "0 10M yr La 193 NOTICE is hereby Eiven that the following | | Ho EE Ea oH schedules 1940 hall He 195 2.58 $196,649.07 $50,135.84 $50,135.89 $296,920.80 16,1 iol TT] 1st, 1931, bears to the total numb Fg cov by Hy such reading sub. sequent to 1 the 1981, e Purchaser will receive a #48 accounts and will pay over to the City its propor. tion of the same on the first day of each Abril 1st, 1981, with a statement the amount so paid over is made up, 'The Purchaser will not, however, be obliged to take any action to collect any such accounts : 15. All insurance policies shall be taken over and assigned to The Purchaser and the unearned premiums wy sted as of April lay ba, shall be refunded and paid over to the ity. ; 16. At the time of closing the execute and deliver to the Purch in the form set out in schedule City will deed hereto 3, For the consideration afdresald the City and The Utllities Conmidsion hereby trans fer, assign, and set over to The Purchaser 2 existing contrite oe the ule qa 0 consumers who -are rom the Oshawa Cas System Lr | eke and advantage to be derived therefrom subsequent to the date of transfer herel to and The City and The Utilities Commission here. by grant to The Purchaser full right, power and authority to petform, enforce and enjo; every such customer contract from and af. ter the sald date of transfer as fully as the City, and/or The Utilities Sommission, could 0. d the City and The Utilitles Com. mission hereby assign and release to The Purchaser all their Pgh and interest theres nh subject as aforesaid. 4 The City hereby grants to The Pur. chaser all rights of way in, under, over, al and across the highways, sidewalks, eys, bridges, and public grounds of the . City for the purpose of erecting, in. stalling, constructing, reconstructing, re. pairing, owning, operating, maintaining, ¢ 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 m, 6. The Purchaser will not during the erec. tion, installation, construction, reconstruc. tion, repairi i and mal of sald gas plant and/or gas distribution Sy4iem unnecessarily impede public travel on the highways, sidewalks, alleys, brid, and public grounds of the City and 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 either 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 sysitms OVer, on, across, or under anv such bridge in such manner as rd 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 stipply 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, commerelal, industrial and all other purposes, in such volume or quantity as may 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. habftants shall not exceed the following :~ Service Charge: 40c net per month; Consumption Charge: $1.55 per 1000 eubie feet per month: 83¢ 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 pot exceed $1.45 per 1000 eu, ft. per month, with discount of 10e per 1 cubic feet of consump: tion charge on accounts paid within 10 days from date of bill (b) When the consumption shall equal J. ,000 cubie feet per day, said con. sumption charge shall not exceed $1.00 rt 1000 cubic feet per month, 10. NOTWITHSTANDING ANYTHING herein contained, it is understood and sgreed 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 pat or gas plant established in the City of 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 afty 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. r month with the discount as hereinbe. lore 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, development and extension of the said gas plant and gas distribution system within one year after 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 be spent, In the improvement, development and extension of the sald gas plant and gas distribution system the Purchaser shall em. ploy Oshawa labour at all times and for al 10c per 1000 cubic feet of consumption charge: A d, and at the same time the Company nd organized to own and oper: as System will execute and deliver to the City a first mortgage cov. or all of the said properties ai in the form out in schedule res unto annexed. @ said deed shall be com. in the date thereof which te of closing and also b filling in the name of the grahtee whic shall be the company incorporated ard or. anized to own and operate the Oshawa jas System, The said mortgage shall also be completed by filling in the same date as the date thereof and by filling in the name of the mortgagor which shal as that of the grantee in the said deed. 17, It is understood and agreed that the rties and assets to be so conveyed to he Purchaser shall be in the same condi. tion as at the date of the offer made b the Purchaser, dated January 3st, A.D, 1931, subject, howev. to ordinary , and reasonable wear and tear, | 18. It fs 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 sald 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. denee of title not in their possession, or any copies of ds or papers, but the title to the said assets and Jroerties shall be examined by The Pure at his own expense. If 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 oh. jections to title and the City shall be un. able or unwilling to remove the same, this agreement shall be null and vold 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. [ame incurred by the Purchaser, Time to of the essence of this agreement, 21 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, pay 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 dnd 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 Amount or amounts expended by the Pur. chaser or by such com any in the exten. sion, development and improvement of the kas plant and gas distribution system within one year from the date of closing as here. inbefore set out, but also for the purpose of as'ertaining the consumption of gas pro. duced hy the company incorporated and or. aaniz«l to own and operate the Oshawa Gas System or such subsidiary or affiliated company to determine the maximum rates whieh ray be charged by such company or hy such *subsidiary or affiliated company frm time to time, in accordance with this ngreement, 23. It is understood and agreed that at the time of closing The Utilities Commission will pay over fo e Purchaser the cus. tomers' deposits pertaining to the Oshawa Gias System, And the Purchaser covenants and 'grees with the City and the Utilities Commission 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, jlawever, to the amount of the said customers' deposits so pai T Purchaser as aloressid, ido The 24. 1t Is further understood and agreed that the Purchaser shall, not later than the First day of April, 1942, remove the two fuel oll 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 (¢) 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 describe ! aph 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 1 )! Mrehtte at Je time and in 'the Bi ou en the cheque f 18,1834 and the proceeds thereof held by a City fi fowing the Ist days of 1931, and the 1st days of January and April 1932, the auditors of the City shall have ac. cess to the ks of the company or of any other party or parties owning and operat. ing the Oshawa Gas System to determine whether the said ambunts have ex- pended as aforesaid, and the finding and cer. tifieats of the City's auditors sh final and binding on all parties to this agree. ent, . ihe, Purchase her covenants pod 1] y that any coking plant conidtructed by The Purchaser or aH company as may own and operate the awa Gu System or by any company sfiliated with or subsidia such company 16 sup. or tergitory 7 eo Cit o vs and within a radius of 100 miles of the City of Oshawa with c M g4s shall be con. structed within the of the City of 8, and the City # Hee its best en. dagrors 10 obtain for » y or such affiliated or subsidiary company A may con- struct such coking plant any all lands at may tired for the purpose at the lowe i is oud and agreed that thi 3 ot: t this agreement ls collateral to two agree. [ents between the City and The Purchaser h bearing even date herewith, hii 10+ viding that the assessment of the sh- awa Gas System shall be fixed st the sum $84,00000 for the period of ten years, and other granting to the an ex. lusive franchise to LL in. oof tants of the Cit if for any reason the electors to, approve of the by-laws aul es when y fol Jus and October, f fail the sald agreements or either of as faw required, or if the City is unable or alls duly to execute and ete both of the said agreements, then in that event the Purchaser shall have the tight to withdraw from and to declare this agreement to be terminated and ended, and all part Ld to shall thereupon be freed from al] obliga. ions hereunder, and the City shall there. dorsad by "she City, 'the chica or" 90h 8 Ys p 183.41 referred to in Section 2 hereof, ' 14, t a¢ hereinafter ided, sale shall be ¢ as_of an or before Aptii ist, 1981. The City shal be respon sible for and shall J, all outstanding ac. counts as of the sald date, and shall be en. titled to an adjustment of and to receive, hen the same are collected by the rar all Sdsquits socslvable, is oi 2 aceon fos he civy ay ¢ of dle the apportioned pa, on . ng to or pk So ing April 1st, 1931, shall be determined and the City's Ip of each such amount on I' Pp of the purchase shall be retained by the Cit d i damages and not ffi Rad Ravidned 2. Notwithstanding anything herei . {nined, it Is understood and reed "that if fhe Ct hd The Utilities Commission shall 8 date herein set out (April oh i te 1931) on ac. count of the time n Derren the ons ecessarily intervening bet et of the electors of Oshawa "law & on th a ppioving this agreement and Approving the a, hereinbefore recited and the thir mg of the sald 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 Oshawa and the third reading and the final passing of the said by-laws by the Council of the Corpora. tion of the A of Oshawa. If the Pur. chaser is un to close the purchase on the date ursin set out (April 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 goon n Aery Stent are ig the inability o either party to close the deal on or A) the First day of April, 1931, as aforesaid, all adjustments shall be made as of the First day of il, 1931, and during the veriod between the First 'day of April, 1931 0 te don) The Utititles operate the Oshawa (las for and on behall and at the risk the Purchaser so that from and after the said date the Purchaser shall be responsible for all costs, charges, and expenses of " ating the Oshawa Gas System, and entitled to afl the revenues therefrom secry. ing alter the said date. PROVIDED, how. ever, that the Pure shall make all Seasonable and diligent efforts to expedite J or of th domo tc own and operate The wud Oh "- ho Hib set out, <loss {hw pUrehide 2. At the 'time of closing and the de- livery of the deed referred to completed as sot out in paragraph enteen hereof, the company Jncormorated and organized to own and Sperate the awa Gas System and to which the properties and assets herein. before referred to shall be conveyed by the said deed, shall execute and Helier to the City an agreement and undertaking in {he wi as set out in schedule sald agreement and under. be completed by filling in the of the agreements made in the said and the date the said agreement and undertaking which shall be the date of closing. 28, This agreement and everything herein : Jolt extend fo faclade and enare i fe lL ing between she Jast Preceding 16 Hendin pnd 10 the ¢ of and be binding upon the be the same heirs, i and assigns (as the case may be) of the Juries hereto and og eulaly, subject as ereinbafore provided, the company to be incorporated organized to own and op- erate the Juiawa (a stem. : "IN WITNESS WHEREOYF the Parties of the First and Third P reunt affixed their respective corporate 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 The Corporation of the City of Oshawa, The Qshawa Public Utilities Commission and Ben, E. Tate, dated the Twenty. fifth day of February, A.D, 1901. 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 Tuly, WD. 1009, and registered in the Registry Office for the County of Ontario as No, 378: TOGETHER with all alterations, extensions and additions thereto and which are con. trolled, maintained and managed by the Public Utilities Commission of the City of Oshawa for the manufacture and distribu. tion of gas in the sald City of Oshawa and in the suburban area of Westmount, ax herein defined, situate in the Townshin 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 par. ticularly described in two certain deeds registered in the Registry Office for the County of Ontario, namely: (1) Dead No, 13831, recistered the 9h dav of December, 1916, Richard Edward Carswell to The Hydro.Electric Power Commiseion of Ontario, of lot 78 on the north side of Emma Street, as in. dicated on Tames Gihbon's plan of part of lot 10 in the First Concession of the said City of Oshawa; (ii) Deed No, 8856. registered the 7th dav of August, AD. 197, William C, Noxon to the City (a Co, of Oshawa, Limited of part of Lot 10 In the First Concession of the said City of Oshawa, Together with right of way and all other righta described and defined in Instrument 8199, remistered the Sth dav of October, A.D, 1905, Tohn Stacey to Tos Oshawa Heat, Light & Power Co, td. 1. (hb) All the said wafer gan wenerating plant, including without limiting the gener. ality of the foregoing 2.5 fort T.owe Pro. ress water gas generating sets and seruh. hers, condensers, purifiers, meters, holders, hoilers and auxiliary equipment in connec. tion therewith; 1. (¢) the two- fuel oil storage tanks and nines and valves connected thereto, on the No. 1 substation pronerty, situate east of Prosnect Street and North of Emma Street in the «aid City, hut exclusive of the lands on which the said tanks, pipes and valves new 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 maid city and in the suburban area of Westmount, as herein defined, in the Town. ship of Whitby East; 1. (e) One Chevrolet Truck, Motor No, Natits, Body No. 197658, 1931 License No. 21.161 C, 1. (1) 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 lst day of April, A.D, 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 Lond Streets in the said City, as on the 1st Shy of April, A.D. 1931, , 1. (h) All customers' contracts and records, inventory records and all other records, documents, contracts and reements relat. ing only to the Oshawa Gas System, L (1) 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 Hen E, Tate doted t Twenty filth day of Februar CAD, 193, ' gr 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 "cv Referred to in an agreement between Corporation of the City of Oshawa, Oshawa Public Utilities Commission, Ben E. Tate, dated the Twenty ffth of February, A.D, 1931, This is a draft indenture made in pur. suance of The Short Forms of Mortar Act and in the usual long form, whereby the Company incorporated and organized to own and operate the Oshawa Gas System and to which the properties referred to in Schedule "A" will be conveyed under the conveyance synopsised in schedule "DB", 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 $196,610.23, the terms of payment of the said amount and the in. terest thereon being as follows ie "PROVIDED this mortgage to be void on Rayment of One Hundred and Ninety. Six housand, Six Hundred and Forty-nine and 23/100 Dollars of lawful money of Canada, with interest to be computed from the ist day of February, AD. 1931, at 4%, per annum as follows :-- The The and day Instaiments of principal and interest shall be due and paid on the lot days of August and February each year, commencing Aug. ust 1st, A.D, 1931, in the amounts follow lowing, that is to say i= E Aug. 1 Pra 4,500.49 4 4 3 1 9 7. 5. £388 32 S853 = NaN nas S2R3S BYS3 a ne e223 kETAR 338 HE 33% 2R8EL BRE223NRETIRES i £3 Te S33EY 15,033.50 / 16,138,60 15,747.49 4.06 16,121.55 $196,640.07 $50,135.84 $50,135.99 $296,920.90 AND upon due performance in all respects of the terms Ph ig conditions of an pir ment between Den E, Tate, the mortgagee and others, dated February 25th, A.D, 1931, particularly, (but without restricting the gen. erality of the foregoing) the covenants and condition in the said agreement that the Montgagor, 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 Oshawa, ac- quired by the Mortgagor under the said agreement, the sald amount to gpent at [ less 000.00 every three months, commencing April 1st, 1931; and it is uw ood and agreed that if the He agor all fall to spend mot less than $25,000.00 gvery three months and a total of $100,000.00 within one year siter April 1st, 1931, as certified by the auditors of the City of Oshawa after examining the books the Mortgagor, then the failure of Morigagor, 10 expend the said smount in the iP de of the sald gas plant snd os distribution system shall be regarded as default under mortgage 10 the same extent and with 3 the same results as though the sum of $25, 000,00 or the unexpended portion thereof were payable under this mo 1st days of Ju the 1st da; anuary and April, 1932, an if the Mortgagor shall fail to expend the said amounts in the sald manner and vithin the times, the mort may exercise the powers and pi vias heron secured to it in the case of default in payment of the principal moneys and ingerest hereby se. cured." The said mortgage also contains the fol. lowing special provisions := "At any time after the Mortgagor shall have upended the sum of not less than $100,000.00 in the improvement, development and extension of the gas plant and gas dis. tribution aystem as hereinbefore set out, the mortgagor shall have the right to obtain from the mortgagee a discharge of this mort. gage: (a) by paying off this mortgage on any of the dates herein set out for the pay- ment of interest by paying the then out. standing balance of principal, in accordance with the schedule herein set out, all interest then due or accrued; or (b) By ing into an ag with the mortgagee in writing and under the seal of the Mortgagor to pay the then re. maining instalments of principal 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- pany satisfactory to the mortgagee and in form 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 remaining instalments 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 bond or bonds during the entire period when the said in. stalments of principal and interest are there: after due, as aforesaid." The remainder of the said draft mortgage is in the words and figures usually employed in long form mortgages. SCHEDULE "D" REFERRED to in an agreement between The Corporation of the City of Oshawa, the Pub. lic Utilities Commission and Ben E. Tate, Yate the Twenty-fifth day of February, A.D, I 931, SNOW ALL MEN BY THESE PRESENTS that: 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 Hen E. Tate together with the properties, rights, privi. leges and franchises as set out in the said agreement, and the said 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, AD. 1931, the Corporation 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 of Oshawa in accordance with the Municipal Act and the undersigned has been incorpor: ated and organized with powers enabling it to own and operate the said Oshawa Gas System in accordance with the terms of the said agreements, 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 extént as if the uindersignad had been named in tHe said agreements in the place and stead of the said Den 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 ta the terms and conditions of the said agreements, Dated the AD 1931, day of IN WITNESS WHEREOF the undersigned has hereto set its corporate seal and caused the same to be signed by its proper Officers. NUMBER TWO THE CORPORATION OF THE CITY OF OSHAWA BY-LAW NO. A BY.LLAW 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 a Oshawa, upon and subject to the terms of a proposed agreement between the said Hen E. Tate and The Corporation of the City of Oshawa; AND WHEREAS it is a condition and term of the offer of the said Ben E. Tate that upon the purchase of the said gas plant and kas distribution system, the City of Osh. awa shall grant to him an exclusive fran. chise to supply gas to the inhabitants of City of Oshawa for a period of filty AND WHEREAS the terms of an agree. ment between the said Den E. Tate and the Coroporation of the City of Oshawa pro. viding for the granting of the said franchise upon certdin 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 i-- 1. That the Corporation of the City of Osh. awa do enter into an agreement with Ben E. Tate, a true y of which said agree. ment 'is attached hereto as schedule "A" to this by-law and forms part hereof, 2, That alter 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 Corporation hereto, SCHEDULE "A" REFERRED to in a by-law to authorize the granting of a f(ranchise for the supply of gas in the City of Oshawa, THIS AGREEMENT made (in duplicate) this Twenty -fifth day of February, A.D, 1931, BETWE LEN tev THE CORPORATION OF THE CITY oF ySHAWA hereinaiter called THE of the FIRST PART wand --~ BEN E. TATE, of the ok of Chicago, hereinalter called THE PURCHASER of the SECOND PART instrument bearing even date herewith, City has agreed to sell to the Purch and the Purchaser has agreed to purchase from the City the gas plant and gas distribution system in the City ee upon and subjent 0 he" terms 64, upon and subject and' conditions therein set out; AND WHEREAS it is the intention of the Parties hereto that the said ga plant and gas distribution system shall vested in and operated by a Company to be incor porated and organized forthwith after the final passing of the By-Law authorizing this greement under 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 authorizing this Agreement, incorporate and organize or cause to be incorporated and organized such com. pany, and that such company shall possess the necessary capital to and that it is the intention that such C sitall develop, improve, extend and rate the said gas plant_and gas distribution system, and shall extend] the said gas service into a number of other cities towns in the vicinity of Oshawa; WHEREAS, by the er AND WHEREAS, by instrument bearing he | even date herewith, the City has Sranted tw the Purchaser a fixed assessment of Eighty. four Thousand Dollars ($84,000.00) for a per- iod of Ten (10) years, upon and subject to the terms of the said instrument; NOW, THIS AGREEMENT WITNESSETH that, in comsideration of the purchase from it of the gas fe and gas distribution sys. tem in te ty of Oshawa, at the price and on the terms and conditions set out in the instrument between the City and the Purchaser bearing even date herewith, and further, in consideration of the mutual cove. nants and hereinal: Pp to be mutually observed and performed, the Parties hereto covenant and agree each with the other as follows :-- (1) The City chaser the exclu lege and franchise, for a period of years from and after the 1st uy 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 herealter be in force, and to the conditions, and limi. tations hereinafter contained, to supply and furnish gas to the inhabitants of the City and to erect, install, construct, Fecomstruct, repair, own, operate, maintain, manage an control a gas generating plant and/or gas distribution system consisting of mains, pi conduits and other fixtures, within t of the City as established on the or as the said limits may be extended dur- ing the said period of Fifty (50) years, necea- sary, convenient or proper for the produc: , transmission, distribution and delivery of artificial and/or natural gas for ght, heat and power purposes, to the said City and other municipalities and to its and thei 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, (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 Purchaser will not, during the erection, installation, 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, ar¢ public grounds, upon which he may enter for the purposes herein authorized, mn as good conduion as they were at the date of such en'ry, to the satisfaction of the City Engineer. (5) 1f the Purchaser shaf? use ony 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 Cy Engineer, and, il 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. habitants for domestic, commercial, indus. 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 agiees 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: hereby grants to the Pur. sive right, permission, privi- i Fifty (50) 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 cubié feet of eon. 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 Oshawa to supply the gas requirements 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- anized to own and operate The Oshawa Gas nro or by any company 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 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 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 Osh- awa Gas System or by any company affiliated with or subsidiary to such ny to sup: ply the City of Oshawa and/or territory with. in a radius of One hundred (100) miles of the City of Oshawa with coke and/or gas shall be constructed within the limits of the City of Oshawa, and the City shall use its best endeavors to. obtain for such com. pany or such affiliated or subsidiary company 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 18 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 Gas System shall be fixed at the sum of Eighty-four Thousand Dollars ($84, 000,00) for a period of ten (10) years, a d the other providing for the sale to the Pur. chaser of the said Oshawa s 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 authorizing either of the sald Agreements as law required, or if the City is Juiable or 10c per 1000 cubic feet of Consumption Charge. ment to which 1s made in the said A ent said greem ng, the date f th Agreement and Undertaking, which shajl be the date of closing. 12) This agreement and everything here. Pr BLT shall extend to, flciuds, enure to the benefit of, and be binding upon, the heirs, and ssigns (as the case may be), of the arties hereto, an rticularly, subject as Rereinbetore provided, the Company to be incorporated and organized to own and oper. ate. the a Gas System, IN WITNESS WHEREOF the Party of the First Part has hereunto affixed its cor: porate seal and caused the sanie to be signed by the Jroges officers, and the Party the art has hereunto set his hand and Second seal, SCHEDULE "A" REFERRED to in an agreement between The Corporation of the City of Oshawa and Ben E. Tate, dated .the enty-filth day of February, A. 931, This. schedule is a draft undertaking and agreement to be signed at the time of elos- 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, mf 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 {n the said City and to undertake the p ds [1 thereof and has requested that a fixed as- sessment be granted to him and/or such company as may be incorporated and ore 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 Josie 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. ration and the said Ben E. Tate have en settled; NOW THEREFORE "the Cogporation of the City of Oshawa by its Council enacts as follows :-- 1. That the Conporation do enter into an agreement with Hen, E. Tate, a true <opy of which 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" y REFERRED to in a by-law to fix the as sessment of the Oshawa Gas System at $84,000.00 for the of ten years, MEMORANDU OF AGREEMENT . made (in duplicate) this Twenty-fifth day of February, BETWEEN: + THE CORPORATION OF THE CITY OF OSHAWA, hereinafter called the city, of the FIRST PART 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 by 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 ccotemplated, the Purchaser shall im- prove and extend the said Oshawa Gas Sys- tem, the said properties should bear a fixed Susctament to assist the Purchaser in so ing; 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 inciuding the year 1931, a fixed assessment of $84,000.00 on all lands, buildings, plant, machinery and all other as- sessable property of the Purchaser and/or of such company as may be incorpora 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 subgidiary to such gom- 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 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, howe that all such lands, buildings, plant, mach. inery and other assessable property are used bona fide in the ufacture, produc istribution of gas and coke or by- om, ssment of $84,000,00 shall ty , The » be the total of the P or of such com- pany as may be incorporated and organised 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 company, 3. Notwithstanding anything herein con- tained this agreement shall in no way apply to or effect taxation for school purposes or loeal improvements, 4. The Purchaser and 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 with or subsi any to such company shall at all times be liable for and shall pay tos the City all and such taxes, rates and charges as may levied against the City 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 reason of or in respect to the said Oshawa Gas System, . This eement and everything herein contained shall extend to, include and be binding upon the heirs, executors, adminis. trators, successors and assigns of the parties and particularly such Sampsny as may be incorporated and organi to own an perse and whieh does own and oper: .ate the sal awa Gas System and/or any i or winleted with or sub, by fails duly to an the sald Agreements, then, in that event, the Purchaser 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 company incorporated and organized to own and operate the Oshawa Gas System and/or any and all Sompanics 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 or amounts expended by The Purchaser 01 sidiary to such company, IN WITNESS WHEREOF the Mayor and Clerk of the City of Oshawa have hereunto set their hands and the Corporate seal of the City has hereunto been affixed, and the Purchases has hereunto set his hand and sea) AND NOTICE is hereby further given that the vote of the electors of the said City by-laws stall and 3, and electors will be in the P oh and improvement of the gas plant and # distribution system within one 8) year rom the date of closing 'as hereinbel pet out, but also for the purpose of ascertaining the ption of gay duced by the com: pany Jncorpatated and organized to own and afe the Oshawa Gas System or such sub. sldinry or affiliated company to determine the maximum rates which may be charged such company or by such subsidiary or af filiated sompany Jom time to time, in ac. d: with this (11) At the time of the execution of this Agreement and the delivery thereol by the City, the Company incorporated and organ- ized to own and operate the Oshawa Gas System, and to which the said Oshawa Gas System is conveyed in accordance with the Agreement between The City, The Purchaser, and The Public Utilities mission of the City of Oshawa, bearing even date hete- with, will execute and deliver to the Ci an Agreement and Undertaking in the wordy and figures as set out in Schedule "A hereto, which said Agreement and Under. taking shall be Somplered by filling in the date of the Deed, the Date of the Agree iy | on I RI IR LR in 'the forenoon and seven o'clock its the air he priv 8 te ne ey i] clarks 4 prising all that dart. of the i Dy Gibbs Stress, Div, 1, South-West Ward og Tg i+ A t, and on the Creek, at the Centre treet King Street, on the South by 1! P.R., on the East the Creek, and on the West 78 Burke Street; Harry be ty Retu Officer, Wily as Ago PC hr t that part ery' this Polling Sub. division from "A" to "LP both etd . % and, L. Barnhart t rnin shall be. Poll Div, 8, comprising all that part of South-West Ward bounded on the East Simcoe Street, on the West by k Road, on the South Bloor Street, and on the t 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 Deput Returning Officer and Earl Edmon 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 "2 both inclusive. Div, 4, comprising all that part of the South-East Ward lying between King Street and - Bruce Street and between 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; Charles P. Daly shall be ty Returning Officer and Wm. Sugden shall be Poll Clerk thereat for that art of the Voters' List of this Polling Sub ivision from /"M" to "Z" both inclusive, Div, 8, prising 'all that part of the SouthEast Ward bounded on' the North by Bruce Street] on the South by Elm Street, Wilkinson * Avenue, Stacey Avenue fi Court Stree§ to McKim Street and Eldon Avenue fr MeKim Street to the Ritson Road, on fhe West by Simcoe Street, and on the Eaft by the Ritson Road, at Albert Stre ool; J. C. Rutherford shall be ty Returning Officer and C. A. Ver- moen shall be Poll Clerk thereat for that part of the Voters' List of this Polling Sub-.divi- gion 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 the 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 Fast 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 Lp ho 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 Deput Retuming Offi - cer and Jeorge Hardgand 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. Rolfe 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, Somprising all that part of the North-West Ward lying to the South of the centrq 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 Subdivision 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 fhe 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. 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 Deputy Returning Officer and Geo. Mepstead shall be Poll Clerk thereat for that part of the Voters' List of this Polling b-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 Subdivision from "M" to "Z" both inclusive, Div. 11, eomprising 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, en 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; Daniel B, Rogers shall be ty 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 C. Carnell shall be Poll Clerk thereat for that part of the Voters' List of this Polling Subdivision from "G" to "M' both_inelu- sive; and William Goold shall be Deputy Returning: Officer, and George Cowdrey shall be Poll Clerk, thereat for that prt 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 Returning Officer and ohn Thompson shall be Poll Clerk thereat for that part of the Voters' List of this Polling Sub-division from "A" to "F" both inclusive; C, H, Jameson shall be Depu Returning Officer and Archie R, Wilson halt be Poll Clerk thereat for that part of the Voters' List of this Pollin b-division from "G" to "M" both inclusive; and Wal- ter Terry shall be ty Returnin, er and Hugh Cunliffe shall be Poll Clerk thereat for that part of the Voters' List of this Jolling Sub-division from "N" to "2" both inclusive, Div, 13, comprising all that part of the City of Oshawa south of or at the Cedar Dale School; William Bi shall be Deputy Returning Officer and Stuart shall be Poll thereat for that part of the Voters' List of this Polling Sub- division from "A" to "L" both inclusive; and son 8, Aikman shall be . ing Officer and Lloyd L. Fowler Poll Clerk thereat for that part of the Vi Lig of this' Polling Sub-division from "M* to * h inclusive, | vid AND NOTICE 18 FURTHER GIVEN that on the 20th day of March, 1931, at the hour of ten o'tlock in the forenoon at the City Offices in the said Municipality has been fixed ag the time and place . intment of persons to attend at the po. places a; the votes by the Cle ind that if the as- sest Hi thectors is tained oh the said . or a will be taken Ineo tonmdetation by the Many eine nLol the id. Soporision fut after the date of the Bret ad not at such fi 327th day of A. Breakell shail be Deputy Re- ham hore" onl day befor . isi th he So th ht 8 | a the than H ib. wmicipd} ro of which be is i . improyement rates, enant, : ¥ b Fr Eh HARE 4 ark thereat for the Voters' List of thi from "M" to "Z £m i 2 " OR i * i A ry 0 al) Feta, LR