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HomeMy WebLinkAboutPort Burwell By-Laws 1974 Port Burwell By Laws yam" 7x� iY t 111101.111 :441417. 44k, 40,)- By-Laws # 279- 299 1974 - 1976 7LI - Q1 itTHE MUNICIPALITY OF VILLAGE OF PORT BURWELL # 279 Meeting . . _. June..3.... ,19..7.4. Moved ��,=r`r""'��- 1 . That leave be granted to introduce By-law to Seconded By -- -. t.4 (A944-4.--CI Levy the rates and tax s for the year 1974, and to provide for the collection thereof with a mill rate as follows: Public Residential 77.399, Public Commercial 90.354, Separate Residential 77.997, Separate Commercial 91.019. The first installment to be due June 21, and the second on Nov. 21, 1974. Third installment of water frontage due Dec. 31, 1974. Tax penalties on the firs instalment when paid on or after June 22--l%, Aug. 1-2%, Sept. 1--3%, Oct 1--4% Nov. l--5% Nov. 21--6%. Discount on second instalment when paid o:1 or before June 21--29. Penalty on second instalment if paid on or after Nov. 22--1%. 11 per month charged on all arrears. and that Bylaw presented herewith be read a first time. By-law read a first time Moved By ---�Z(?L u _ y- --------._- _ That By-law now read a first time be read a Seconded A�. y .3/Cs� -.- �., second time forthwith._._. By-law read a second time Moved By -Z- aV-a/f7a.,.,:z3 ----- - That By-law now read a second time be read "--;-: a third time forthwith. Seconded B By-law read a .----_third time 41111 Moved By ._..-..'./ -::-:. �- ' . - -./ That By-law now read a third time do pass, be engrossed by the Clerk, and signed and Seconded By C& _ T --._.-__...._--_ sealed by the Reeve. IP C_-�ai1A.4.1-e"' C. / �j ��'Vim"" BY - LAW NUMBER -e. x -' - of - THE CORPORATION OF THE VILLAGE OF PORT BURWELL A By-law authorizing The Medina Natural Gas Company, Limited to lay down, maintain and use pipes and other necessary 0 works for the transmission and distribution of gas on, in, under, along and across any highway under the jurisdiction of the Council of The Corporation of the Village of Port Burwell together with the right to transmit gas in and through the Muni- cipality and to bring in, produce, distribute, supply and sell gas to residents of the Municipality. FINALLY PASSED the day of , 19 . ' WHEREAS The Medina Natural Gas Company, Limited (hereinafter referred to as the "Company", and which term shall include its successors and assigns) , is engaged in the business of produc- ing, purchasing, transmitting, distributing, supplying and selling Eas. AND WHEREAS, The Company has purchased the mains, pipes, lines and works of The Central Pipeline Company, Limited. AND WHEREAS the Company has requested the Council of The Corporation of the Village of Port Burwell to grant it a franchise or right to lay down, maintain and use pipes and other necessary works for the transmission and distribution of gas on, in, under, along and across any highway located within the Village of Port Burwell (hereinafter referred to as "the Municipality") together with the right to transmit gas in and through the Municipality and to bring in, produce, 11 distribute, supply and sell gas to residents of the Municipality. AND WHEREAS the Council deems it advisable to grant the said request subject to terms and conditions hereinafter set forth. - 2 - BE IT THEREFORE ENACTED by the Council of The Corporation of the Village of Port Burwell as follows: - 1. Full right, power, permission, consent and authority of the Municipality are hereby given, granted, conferred and assured unto the Company, its successors and assigns, to lay down, maintain, and use pipes and other necessary works for the transmission and distribution of gas on, in, under, along or across any highway under the jurisdiction of the Council of the Municipality, including therein the right from time to time and at any time, to survey, construct, lay, maintain, inspect, alter, repair, renew, remove, abandon, replace, reconstruct, extend, use and operatein, through, upon, under, along and across the same or any of them or any part or parts of them, such transmission and distribution mains, pipes, lines, services and works (with any and all necessary or incidental apparatus, attachments, appli- ances, arrangements for cathodic protection, regulators, valves, curb-boxes safety appliances and other such like appurtenances) which the Company may desire from time to time and at any time for the transmission of gas in and through the Municipality and for a gas distribution system and any extension or extensions from time to time thereto and together with the further right from time to time and at any time to enter upon, open up, dig, trench, use and occupy such highways or part or parts of them for any of the purposes aforesaid and further together with the right from time to time and at all times to use and operate a gas transmission and distribution system in the Municipality and to transmit gas in and through the Municipality and to provide gas service to ill any resident or residents of the Municipality, and to bring in, transmit, produce, distribute, supply and sell gas in and through the Municipality for fuel, heat and power. - 3 - 2. All new (or renewal) mains, pipes, lines and works installed by the Company under this By-law shall be constructed and laid in accordance with good engineering and construction 1111 practices. Except in case of emergency: (a) no excavation, opening or work (exclusive of service connections from the street main to the property line) which will disturb or interfere with the travelled surface of any highway shall be undertaken or commenced by the Company without written notice to such officer of the Municipality as may from time to time be appointed by the Council of the Municipality for the purpose of general supervision over its highways (hereinafter re- ferred to as "the said officer of the Municipality", which term shall include the person acting in his stead in the event of his absence from duty) , such notice to be given at least 24 hours in advance of commencing such work unless otherwise agreed to by the said officer of the Municipality, and (b) before laying or installing any new (or renewal) mains, pipes, lines and works (exclusive of service connections from the street main to the property line) , the Company shall first file with the said officer of the Municipality a preliminary map or plan showing what it proposes to lay or install and the proposed location thereof and shall also check with and obtain the written approval of the said officer of the Muriiciaplity as to such proposed location. Not later than three months after the close of each of its fiscal years the Company shall file with the Clerk of the Mun- icipality, maps or plans showing the location and size of all mains, pipes, lines and works laid or installed by the Company in the highways during its previous fiscal year, exclusive however of service connections from the street main to the property line. 3. In so far as is reasonably practicable, all lines and works constructed or installed by the Company shall be placed underground, and, except where it shall be necessary to cross a III highway, along the sides of the highway. All lines and works constructed by the Company shall be so constructed as when completed not to obstruct or interfere with or render more difficult or dangerous the use of the highway or any municipal sewers, water-pipes, drains, bridges, culverts or ditches thereon - 4 - or therein, or other municipal works or improvements thereon or therein or the improvement or repair thereof, or with the roads or bridges to property fronting thereon, and wherever any such line shall be carried across an open drainage ditch, it shall be 110 carried either wholly under the bottom thereof or above the top thereof, so as not in any way to interfere with the carrying capacity of such ditch. 4. Upon the laying down of any lines or works or the taking up of any lines or works, or the moving of any lines or works from place to place in any highway, the Company shall, at its own expense and with all reasonable expedition, restore the highway at the point of entry as close as reasonably practicable - to the condition in which it existed immediately prior to such entry and leave the same in as safe and good a state of repair as it was before it was entered upon or opened. The Company shall further makegood any settling or subsidence thereafter caused by any excavation made by it, to the satisfaction of the Reeve or other officer of the Municipality above mentioned. 5. In the event that the Municiaplity in pursuance of its statutory powers shall deem it expedient to alter the construction of any highway or of any municipal drain, ditch, bridge, culvert or other municipal works or improvements thereon or therein and in the course thereof it shall become reasonably necessary that the location of a main, line, pipe or works of the Company laid or operated under this By-law should be altered at a specified point to facilitate the work of the Municipality, then upon receipt of reasonable notice in writing from the Clerk of the Municipality specifying the alteration desired, the Company shall, at its own expense, alter or re-locate its main, pipe, line or works at the point specified. • - 5 - 6. The Company shall make no charge for tapping its main or laying service lines in the highways. 7. The Company shall and does hereby at all times in- demnify and save harmless the Municipality from and against all IIP loss, damage, injury or expense which the Municiaplity may bear, suffer or be put to by reason of any damage to property or injury to persons caused by the construction, repair, maintenance, removal or operation by the Company of any of its mains,pipes, lines or works in the Municipality unless such loss, damage, injury or expense is occasioned by Act of God or by the act, neglect or default of some person, firm or corporation other than the Company, its servants, contractors, sub-contractors, agents - or employees. 8. The rates to be charged and paid for gas sold by the Company in the Municipality and the meter rentals and other charges, if any, to be paid by ultimate consumers of gas in the Municipality, shall be such as shall from time to time be fixed by Order of the Ontario Energy Board or other rate-fixing Body having jurisdiction in such matters. 9. The rights and privileges, duties and obligations arising out of this By-law and the Agreement hereinafter referred to shall be subject to the provisions of The Energy Act, R.S.O. 1970, c. 148 and The Ontario Energy Board Act, R.S.O. 1970, c. 312, (or any Act or Acts passed in amendment thereof or substitution therefor) and to any regulation made pursuant thereto and to 11111 any lawful order, direction-or requirement made thereunder and no provision anyby-law son of general b of the Municipality hereto- fore or hereafter enacted, purporting to deal with any specific matter dealt with in this By-law, shall prevail over the cor- - 6 - responding provision of this By-law. 10. The rights and privileges hereby granted shall continue and remain in force for a period of thirty (30) years from the date when this By-law takes effect. 11. In this By-law, "Gas" means natural gas, manufactured gas or any liquified petroleum gas, and includes any mixtures of natural gas, manufactured gas or liquified petroleum gas, but does not include a liquified petroleum gas that is distributed by a means other than a pipeline. "Highway" or "Highways" mean and include a common and public highway, street, avenue, boulevard, parkway, drive-way, lane, alley, square, place, sidewalk, bridge, viaduct or trestle and any other structure incidental thereto, now or at any time during the term of this By-law under the jug'-" ",44ction of the Municipality. "Municipality" means the Village of Port Burwell as constituted on the date when this By-law takes effect or as it may from time to time be constituted during the term of this By-law. 12. It is recognized that gas is a public utility, the use of which may be essential to the proper development of any new area of sub-division. The Municipality therefore agrees to notify the Company of each new plan of sub-division before the same has beenapproved by the Council and to take any reasonable 111 steps to ensure that in each new plan of sub-division adequate provision is made for the reservation of lands for gas regulator sites. In so far as is reasonably practicable, the Company shall - 7 - endeavour to constructits mains in new areas of sub-division at the same time as the Municipality is constructing its public services therein. 13. Unless the assent of the Municipal Electors is dis- IIPpensed with by the Ontario Energy Board, this By-law shall not take effect unless and until it has been assented to by the Municipal Electors of the Municipality as provided for by The Municipal Act with respect to By-laws requiring the assent of the Electors or as may be provided for by special legislation providing for the obtaining of the said assent at a time other than the day fixed for taking the poll at the annual municipal election. A Upon the assent of the Municipal Electors having been obtained or dispensed with as above, this By-law and the powers and privileges hereby granted shall still not take effect and be binding unless and until formally accepted by the Company in an Agreement which will legally bind the Company to perform, observe and comply with all the agreements, obligations, terms and conditions herein contained and unless and until such Agreement, when so accepted shall have been executed under the corporate seal of The Corporation of the Village of Port Burwell by the Reeve and Clerk who are hereby authorized and empowered so to do. Upon the aforesaid provisions having been complied with, this By-law shall come into force and take effect. THE CORPORATION OF THE VILLAGE OF PORT BURWELL 111/1 Reeve i/� / x_ le/�C Clerk Certified to be a true copy of By-law ; �c read for a first and second time this . n,L day of1. 11 , 1023./97y - - z-,z- /c./a__//;_, seal Clerk ' - • • . THE CORPORATION OF THE VILLAGE OF PORT BURWELL FIRST READING: ` 3) �9�y SECOND READING: 3, 19 7y THIRD READING: BY-LAW NUMBER SCHEDULE "A" -N-oma . . THIS AGREEMENT made as of the 24th day of December , 1974. 411PBETWEEN: THE CENTRAL DEVELOPMENT COMPANY, LIMITED, a company incorporated under the laws of Canada, (hereinafter called "Central") OF THE FIRST PART - and - THE MEDINA NATURAL GAS COMPANY, LIMITED, a company incorporated under the laws of the Province of Ontario, (hereinafter called "Medina") OF THE SECOND PART WHEREAS Central presently carries on the business , among other things , of selling and distributing natural gas through a natural gas distribution system (hereinafter called the "system") located in the Town of Belmont and the Townships of Westminster and Yarmouth, in the Counties of Middlesex and Elgin, Province of Ontario ; AND WHEREAS registered ownership of the system has been in the name of The United Development Company, Limited (hereinafter called "United") and purchases of natural gas for the system have been from time to time made through United; AND WHEREAS Central represents it has full and complete beneficial ownership of the system and that the interest of United III 1 - 2 - 4,in the system is only as a trustee for Central; AND WHEREAS the system has been operated and maintained by Medina since January 1, 1973; AND WHEREAS Central has agreed to sell and Medina has agreed to purchase the system on the terms hereinafter set forth. NOW THEREFORE THIS AGREEMENT WITNESSETH that in considera- tion of the premises and the mutual covenants and agreements herein- after contained, the parties hereto covenant and agree as follows : ARTICLE 1 - AGREEMENT TO PURCHASE AND SELL Central will sell, transfer, assign, convey and deliver to Medina, by appropriate deeds , bills of sale and other instruments in form reasonably satisfactory to Medina, and Medina will purchase, for the purchase price hereinafter set forth, as a going concern as of and from the close of business on the 31st day of December, 1974 (the "effective date") , the system and the undertaking, prop- erty and assets belonging to or used in connection with the system including, without limiting the generality of the foregoing: (a) all right , title and interest in and to the natural gas pipe line comprising the system; (b) the goodwill of the system, together with exclusive right to 111/ Medina to represent itself as carrying on the system in - 3 - 41, succession to Central and/or United; (c) all design drawings , blueprints, specifications , forms and technical data owned by Central and used in connection with the system; (d) the full benefit of all unfilled purchase orders received by Central in connection with the system and the full benefit under all other contracts, engagements or commitments to which Central is entitled in connection with the system; (e) all customer lists , together with all information of Central relating to such customers and all other sales records of Central in connection with or relating to the system; (f) the full benefit of all franchise agreements , licences and similar arrangements to which Central is a party in connection with the system; and (g) all accounts receivable, book debts and other debts due or accruing due to Central in connection with the system. ARTICLE 2 - PURCHASE PRICE AND ALLOCATION THEREOF The purchase price payable by Medina for the purchased assets shall be, subject to the adjustments hereinafter provided for, the aggregate of: (a) the sum of $14,500.00 on account of the natural gas pipe line referred to in Article 1(a) hereof; (b) the book value of the assets referred to in Article 1(g) - 4 - 411/11 as at the effective date less an appropriate allowance for doubtful accounts ; (c) as to the remainder of assets described in Article 1 hereof, $1 . 00. ARTICLE 3 The purchase price shall be paid and satisfied as follows : (a) as to the amount equal to the debts and liabilities of Central to be assumed by Medina as hereinafter provided, by the assumption of such debts and liabilities ; (b) as to the balance of the purchase price by certified cheque payable to Central at the time of closing. ARTICLE 4 It is understood and agreed that Medina is not assuming and shall not be liable for obligations , commitments , debts or liabilities of or claims against Central as at the closing date whether arising out of or in any way connected with the system or otherwise, other than the following, which Medina hereby expressly -assumes and agrees to indemnify and save harmless Central from and .against all obligations , claims or demands in respect thereof: (i) unfilled orders received by Central in connection with the 111/ system and other contracts and commitments to which Central - S - is entitled in connection with the system, including full benefit of forward commitments by Central for supplies or materials whether or not there are any written contracts with respect thereto ; (ii) accounts payable and accrued charges of Central as at the closing date relating to the purchase of natural gas supplies for the system. ARTICLE 5 - CONDITIONS OF CLOSING The obligations of Medina hereunder are subject to the fulfilment or satisfaction of the following conditions on or before the closing date : (a) that no substantial damage shall have occurred to the system from fire or other hazards prior to the closing date which would substantially adversely affect their value or the oper- ations or earnings of the system; (b) that the entering into of this agreement by Central be auth- orized by a resolution of the directors and shareholders of Central. ARTICLE 6 - GOVERNING CONDITION This agreement and the transfer of the system from Central to Medina as contemplated herein is conditional on such transfer being made with leave of the Lieutenant Governor in Council as pro- vided in Section 26(1) of The Ontario Energy Board Act and until 111/ such leave is obtained no transfer of the system shall take place . • - 6 - ARTICLE 7 - OPERATION OF THE SYSTEM The sale and purchase upon the basis aforesaid shall take effect as from the effective date and from the effective date until the time of closing Medina shall be entitled to the income and profits in connection with the operation of the system. Subject to the pro- visions hereof, Central shall account to Medina for all monies and for all receipts , profits and advantages derived by Central from the operation of the system during the aforesaid period from the effec- tive date until the time of closing and Medina shall assume, carry out, pay, discharge and indemnify Central from or in respect of all contracts , duties , obligations , debts and liabilities incurred by Central in connection with the said business from the effective date until the time of closing. ARTICLE 8 - ELECTION UNDER INCOME TAX ACT Central and Medina shall make the election provided for in Section 22 of the Income Tax Act (Canada) in prescribed form and within prescribed time with respect to the accounts receivable herein agreed to be purchased and sold; the agreed transfer value of the said assets to be as specified in Article 2 hereof. ARTICLE 9 - ADJUSTMENT TO PURCHASE PRICE Central and Medina hereby declare their intention that the consideration herein stipulated to be paid by Medina should be equivalent to the fair market value of the assets being purchased - 7 - and sold herein, but Central and Medina nevertheless hereby agree that in the event that the Minister of National Revenue at any time hereafter makes a final determination or if Central and Medina agree with the Minister of National Revenue that the fair market value of the system as of the effective date is less than or greater than the price paid therefore as herein provided, then such price shall be immediately adjusted by Central and Medina to conform • with such fair market value as finally determined or agreed upon, and, in the event the said price is less than such fair market value, Medina shall thereupon pay to Central an amount equal to such defic- iency or, if the purchase price is greater than such fair market value, Central shall thereupon pay to Medina in cash an amount equal to such excess . ARTICLE 10 - BULK SALES COMPLIANCE Medina hereby waives compliance by Central of the provisions of The Bulk Sales Act. ARTICLE 11 - ASSETS AT THE RISK OF CENTRAL The system shall remain at the risk of Central until the closing date. ARTICLE 12 - CLOSING Subject to the terms and conditions hereof being complied with, the purchase and sale of the system herein provided for shall • - 8 - be closed within five days of the date on which the approval of the transfer of the system is received from the Ontario Energy Board (such date being herein referred to as the "time of closing") . ARTICLE 13 - SUCCESSORS AND ASSIGNS . This agreement and the covenants and agreements herein contained shall enure to the benefit of and be binding upon the parties hereto, their respective successors and assigns . IN WITNESS WHEREOF this agreement has been executed by the parties hereto as of the day and year first above mentioned. THE CENTRAL DEVELOPMENT COMPANY, LIMITED By , , / , , , /,1j( e - , ��_ I/ (7?__, _r_ , _, c/S And J ` THE MEDINA NATURAL GAS COMPANY, LIMITED Ar'-a___ B- 4e11---,--i-c,-- -11----1 !(/- ---;:e-A=. M � t-JS And Oh , 41 THE MUNICIPALITY OF VILLAGE OF PORT BURWELL # 281 Meeting - Aug. 12 ,19 74 11 Moved Bye - '' • - — ---- That leave be granted to introduce By-law to Rescind Ry-law # 235 and appoint Mr.. -Ronald Bradfield as Fire-Chief of the Port Burwell Volunteer Fire Department. and that By-law presented herewith be read a first time. By-law read a -_ - time Moved B / That By-law now read a first time be read a Seconded B -.t�rc. s I second time forthwith. By By-law read a •--- --- Mood _ -------- That By-law now read a second time be read c a third time forthwith. Seconded _ By-law read a time Moved By That B law now zead a third time do ss, y / be engrossed by the Clerk, ana signed and Seconded By �( _ real.d by the Reeve. C4 �� �; )2,JyJ �`'l� 4��a" 4) • THE MUNICIPALITY OF VILLAGE OF PORT BURWELL 282 Meeting Sept. 9 ,19 74 Moved By ----- That leave be granted to introduce By-law to Seconded By --_.aD introduce By-law # 282 --Whereas the Council of the Village of Port Burwell deems it necessary to borrow ftp to the sum of $16,000.00 to meet current. expenditures until taxes are collected. and that Bylaw presented herewith be read a first time. By-law read a time Moved ByQhes.0_� —.--- .... That By-law now read a first time be read a second time forthwith. Seconded By .__ ... By-law read a __.464.1.e1 ---time Moved By 7 That By-law now read a second time be read a third time forthwith. Seconded By • By-law read a --time Moved By That By-law now read a third time do pass, be engrossed by the Clerk, and signed and Seconded By 1— ——. .- ..... I sealed by the Reeve. t I d4'.'° dit stjlitAg/ /3r.as 'I(4 - CS- • THE MUNICIPALITY OF VILLAGE OF PORT BURWELL #### 283 Meeting December 18 ,lq 74 That leave be granted to introduce By-law to Seconded By • Rescind By-law # 281 and appoint Mr. Hugh Brooks as Fire -Chief of the Port Burwell Volunteer Fire Department. and that Bylaw presented herewith be read a first time. By-law read a time Moved . 17:7 Moved By 1/ That By-law now read a first time be read a 2Le../e.. ..463fr.‘„Ca..“Z— second time forthwith. Seconded i c - ;1, By-law read a Moved By That Bylaw now read a second time be read a third time forthwith. Seconded By _ ;t6i-e- By-law read a Moved By .-_._L��a�Lx4-dF-G-- That By-law now read a third time do pass, be engrossed by the Clerk, and signed and y - Seconded BvtLe., �i; „ sealed by the Reeve.