HomeMy WebLinkAboutPort Burwell By-Laws 197810
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Port Burwell
- Byr--a Laws
By -Laws
# 300— 329
1977 1979
VILLAGE OF PORT BURWELL
P.O. HOX 90G
'Ooi . 3arwell, Or-
NOJ 17D
Febnt .&,( 17, 19? -.
J. Robert Farlow, Q.C.,
Barrister and Solicitor,
P.O. Box 161,
13 Light 'Street,
Woodstock, Ontario.
Dear Mr. Farlow: _
Re: East Beac:. L;zts ## 3, 41 5, at ":,he end of :iocinson St.
(Par-,, of properties where titles were c ranged from
Bayham Township to Village of Port ownership)
The enclosed map shows Village -owned properties on the East Beach. The
Assessment Office is placing these on the 1979 Assessment Roll.
Ken Matthews, our certified surveyor Councillor, noted that wpen Council
signed the original Water Lot Lease for the Breakwater, these lands were
included under Federal ownership. Councillor Matthews states that land revert:.
to the Crown in such cases of erosion. The Assessment Officer states that t'rev_
go by the title of ownersnip, whi=h was Bayham Township and is now Village c=
Port Burwell, since the Federal .Government does not have a c--f - in the Regis-r;r
Office.
This is concern ;a,the 7EIaoe as any build-up of thr3ast Beach,
through Dredging, reclaims the. lane;; . . . . . but.:or whom'
It appears that the Federal Government has claimed a gout "eai of land,
especially in the Harbour area through accreted means, etc. The AssessmenL RU-1
in 1960 shows Village ownership of part of the West Beach, cz:np s11g 26.51 acres
and 23.68 acres to the International Boundary in the Lace. A=tar construction_
of the Federal pier it was changed to Federal Ownershi_ on
At the present time, the Clerk is compiling all Feces- Land, In -Lieu
Taxes information, for the past 20 years, since the Fade;.- ha;. not
paid any monies on account of land, during this period. The z-::-e Waite ae, ee-
able to payment of same, if the Village can specify through :;,a.':Llls anc mill -
rates what the amount is. This is being searched ba-k now.
We would appreciate very much, your a,:vise on t.- :.zove z-atters.
Encl. 2
Yo-rs very truly,
emu,✓
(Mrs.) Gwen roster,
Clerk Trea6 -�r er,
Village of Port Burwe;'_.
-7-1 - C3
rJ_
02
1:9.37..;,. .
s
Moved By c.�....:.5.�- .=144
��4. lecve•L ii granted to c,;,- B1-iaw-to
°cconded By
introduce By —Law �32.------ Lqhe�, the Co-,:nci� of the ViU.sde of Port Bu_—dell
r.:.y deem it necessary to bo--row L c o the �y;.a of $ 20 000.00 to current
expenditures until taxes are collectedo
and that Bylaw pross-L..ad herGW."_ La read
{ r
By-Lw reed z.
/:��
ztoved By ..L� w..w..-
_._.------__..w
Seconded B �!r f• ,,,�--- ......_
y
By-law read a ...a.�....._..:..........::.o
By-law =ova read a first :-ma Be re4d a
Saco: d time for-"Wita.
,
:•roved By
Seconded By
By-law .Z4 a 3
:':...: By :.ow rear: scconc
a :bird time fortaw th.
v
. .
T: r
-t By-law new road a mi ::me do parrs,
::a engrossed by the Clan;, and signets and
Sacor d _ Ly �' � � �i'-� sodl: d by the Raeva.
y
VILLAGE OF PORT BURWELL
BY—LAW # 303
0 WHEREAS Ontario Bill 5 is an Act to regulate holiday closing for
retail businesses;
WHEREIN authority for special exemption is provided for by a
Municipal By —Law to cover stores operating in designated TOURIST
areas;
AND WHEREAS a request has been made to Council by a Village retailer,
that Council pass a By —Law to enable Port Burwell Stores to remain
open for business on VICTORIA DAY and DOMINION DAY, respectively each
year;
NOW THEREFORE, be it enacted that exemption for retailers on the
above statutory holidays is herein granted by the Port Burwell Council.
1st reading — April 4, 1977
and reading — April 4, 1977
3rd reading — April 4, 1977
PASSED this 4th day of April, 1977.
-�L
Reeve
40 Clerk
h%3
THE MUNICIPALITY OF VILLAGE OF PORT BURWELL
Meeting . Apri1.As.... ... .............. I ........ 119.77...
Cam'
Moved By ._..�._ ���� ........._....-----._.
That leave be granted to introduce Bylaw #303
Seconded By -- -=`-��.--------
to exempt t e require closing of retail stores within the Village of Port Burwell,
on Victoria Day and Dominion Day, respectively each year, in accordance with Bill 5,
an Ontario Statute effective January 1, 1976, being an Act to regulate holiday closing
for retail businesses*
and that Bylaw presented herewith be read a first time.
By-law read a ......--.15-f..............-time
MovedBy -------- ......... ..... --............... -........
Seconded B t ...: ....----.............. -
By-law read a ......... q_..4........... time
That By-law now read a first time be read a
second time forthwith.
Moved By .._. .._-------- ------
That Bylaw now read a second time be read
a third time forthwith.
Seconded By
By-law read a
Moved By -� • �� _ _ read a third time do
That By-law now pass,
� I be engrossed by the Clerk, and signed and
_
Seconded By ..�—.. �.: `t'Z� d ... I wed by the Reeve.
^ T
'-rj-�CjS
E
4
BY—LAW # 304
To establish the rates and taxes for the year 1977, and to provide
for the collection thereof, with a mill rate, as follows:
Public Residential: 122.435 Public Commercial: 139.899
Separate Residential: 123.278 Separate Commercial: 140.935
The First Instalment to be due on June 15, 1977 and the second
Instalment to be due on September 15, 1977. The third instalment to
be due on November 15, 1977, for Water Frontage and Connection.
A tax penalty of 1% is levied on the day after due dates and an
additional 1% interest is levied on the first day of each month after
the due date.
BY—LAW read a first time on May /q , 1977.
BY—LAW read a second time on Maylq , 1977.
BY—LAW read a third time on May /9 , 1977.
BY—LAW PASSED, engrossed by the Clerk, signed and sealed by the Reeve.
Clerk
REEVE
BY—LAW # " - Y-
THE MUNICIPALITY OF VILLAGE OF PORT BURWELL
Meeting ...... .........
/..Q......................19.7..7.
Moped By __.._.._------
_-- tt
That leave be granted to introduce By-law
Soomded y _. ------ -•------- •----- ----
establish the rates and taxes for the year 1976 as per attached By -Law # Id•
and that By.Lw presented herewith be read a first time.
By -jaw read a
/ J
i
By-law read a
Moved By 141-A
Seconded By
By-law
a -3
a tip
That By-law now read a first time be read a
second time forthwith.
That By-law now read a second time be read
a third time imthwitL
That Bylaw now read a third time do pan,
be engroned by the Clerk, and signed and
sealed by the Aenre.
L
•
•
BY—LAW # 304
To establish the rates and taxes for the year 1977, and to provide
for the collection thereof, with a mill rate, as follows:
Public Residential: 122.435 Public Commercial: 139.899
Separate Residential: 123.278 Separate Commercial: 140.935
The First Instalment to be due on June 15, 1977 and the second
Instalment to be due on September 15, 1977. The third instalment to
be due on November 15, 1977, for Water Frontage and Connection.
A tax penalty of 1% is levied on the day after due dates and an
additional 1% interest is levied on the first day of each month after
the due date.
BY—LAW read a first time on May 1q , 1977.
BY—LAW read a second time on May13 , 1977.
BY—LAW read a third time on May /9 , 1977.
BY—LAW PASSED, engrossed by the Clerk, signed and sealed by the Reeve.
..,,.Jf�J
Clerk
REEVE
L�
BY-LAW #
THE MUNICIPALITY OF VILLAGE OF PORT BURWELL
op
Meeting ...)V 0.14 ........ /I ....... 1. ig.77.
MovedBy .............. . .. . ...... . ................. St
. That leave be granted to introduce By-law 3,c
Seconded;
nded y 4114� ----------- .......... ........
B
establish the rates and taxes for the year 1976 as per attached By -Law # we
and that By-law presented herewith be read a first time.
By-law read a ......... -1-1A .......... time
MovedBy ...... . .......... .... . . .. ........................ .
Seconded By ....... e-z_� - ------ - ---------- --
By-law read a -------- 2..,-r.4 -.._........time
17"
Moved By ------- . . ........
Seconded By ----------- -
By-law read a
MovedBy: I. A - --- -- - --- --------------------- ....... ----------- --- --
Seconded By
1%
That By-law now read a first time be read a
second time forthwith.
That By-law now read a second time be read
a third time forthwith.
That By-law now read a third time do pass,
be engrossed by the Clerk, and signed and
sealed by the Reevo.
ctivv 4, U &PLC
BY—LAW # 305
`7 � — O(D
THE MUNICIPALITY OF VILLAGE OF PORT BURWELL
Meeting ........................ W.4yc..... -34,19.77.
k�
Moved By .. _. L1 •---_.._ _.._._.�._ ._._.............
That leave be granted to introduce By-law to #305
Seconded By ��... _._.......... ....
to enable the Village of Port Burwell to enter into the Agreement as hereto
attached, by Small Craft Harbours, with her Majesty the Queenv as represented
by the Minister of Fisheries for Canada and authorize the Reeve to sign the sameo
and that Bylaw presented herewith be read a first time.
By-law read a ..... _..L-------------- time
Moved By .. �� - That By-law now read a first time be read a
second time forthwith.
SecondedBy _�_ - .._.._.....----_---_-------- --.._..-
By-law read a ........mod --_........time
Moved By ._ v
That By-law now read a second time be read
;
a third time forthwith.
Seconded By =• �� C -
By-law read a ._.11 time
Moved By .._.._. -- ........------•-- _
That By-law now read a third time do pass,
be engrossed by the Clerk, and signed and
Seconded By sealed by the Reeve.
CAIIVV�tj
-7-7-o-7
Form 100 Ont •71
BY-LAW No.........306......'......
of�p=jtjbj to authorize the borrowing of $11U,OA),00
Whereas the Council of the Corporation Of the Villa„e of 1,ort Burwell
(hereinafter called the "Municipality") deems it necessary to borrow the sum
of $110,000.00 to meet, until the taxes are collected, the current
expenditures of the Municipality for the year;
Nor.. —Refer And Whereas the total amount of the estimated revenues of the
to the estimates
77, Is
for the current Municipality as set forth in the estimates adopted for the year 19
year if adopted;
if not. to those
of last year.
S 776,995.00, _
(Delete this And Whereas the total of amounts heretofore borrowed for the purposes
Paragraph if not
aPphcabie.) mentioned in subsection (1) of Section 332 of The Municipal Act which have
not been repaid is 8 l0,JJ0.00
Therefore the Council of the Villa ,e of vort Burwell
hereby enacts as follows:
1. The Head and the Treasurer are hereby authorized on behalf of the Municipality to
borrow from time to time by way of promissory note from CANADIAN IMPERIAL BANK
OF COMMERCE a sum or sums not exceeding in the aggregate $ 110,JWo00
to meet until the taxes are collected the current expenditures of the Municipality
for the year, including the amounts required for the purposes mentioned in subsection
(1) of Section 332 of the Municipal Act, and to give on behalf of the Municipality
to the Bank a promissory note or notes sealed with the Corporate Seal and signed by
the Head and Treasurer for the moneys so borrowed, with interest at such rate
as may be agreed upon from time to time with the Bank.
2. All sums borrowed pursuant to the authority of this by-law, as well as all other sums
borrowed in this year and in previous years from the said Bank for any or all of the
purposes mentioned in the said Section 332, shall, with interest thereon, be a charge
upon the whole of the revenues of the Municipality for the current year and for all
preceding years as and when such revenues are received.
3. The Treasurer is hereby authorized and directed to apply in payment of all sums
borrowed as aforesaid, together with interest thereon, all of the moneys hereafter
collected or received either on account or realized in respect of taxes levied for the
current year and preceding years or from any other source which may lawfully be
applied for such purpose.
Passed this 26tn day of 11lay 1977
,.. .
_ � THB HHAD OF 1tUNICIPALITY
SEAL
..... ....., ......
CLBRK
I hereby certify that the foregoing is a true copy of By-law
No. 306 of the Village of 1�ort 3urwell
in the Province of Ontario, duly passed at a meeting of the Council of the said
Municipality duly held, and that the said By-law is in full force and effect.
Dated This 13th
41 As Witness the Seal of
the of
day of June 1977
........... ......��.....
306 AF
By —Law #3A
THE MUNICIPALITY OF VILLAGE OF PORT BURWELL
Meeting . .. .....................
Moved By ..... 306 0
That leave be granted to introduce By-law #IM
Seconded By.. — ----- . . .. ...... . .............
WHEREAS the Council of the Village of Port Bur -well deems it necessary to borrow
up to the sum of $110,000900 to meet current dredging expenses until the Federal
Government Grant of $1309000-00 is received.
and that By-law presented herewith/be read a first time.
By-law read a ............
Moved By -- -----
Seconded By — ---------
.. . . ..................
By-law read a ........... Z.4 — ----- _time
Moved By
. 11
17; =�__KMWIVJ ------
By-law read a time
Moved By -------
Seconded By ve--I&M 0
1%.
That By-law now read a first time be read a
no=d time forthwith.
That By-law now read a second time be read
a third time forthwith.
That By-law now read a third time do pass,
be engrossed by the Clerk, and figned and
sealed by the Reeve.
.306
By —Law #39k
THE MUNICIPALITY OF VILLAGE OF PORT BURWELL
Meeting.....: ..................... 15;/& ..... .." *I,19.77.
Moved By - ........ ---------------
Seconded By v ..... ......................
0
3 0 (o
That leave he granted to introduce By-law #,90
WHEREAS the Council of the Village of Port Burwell deems it necessary to borrow
up to the sum of S110t000900 to meet current dredging expenses until the Federal
Government Grant of $130,000-00 is received.
and that By-law presented herewith be read a first time.
By-law read a ......... jzq --- ---------- time
o
Moved By
Seconded By
By-law read a ___1_1(....._...time
Moved By
Seconded By --- - --------
By-law read a -----
time
61 �._.._._.
Moved By
Seconded By �
That By-law now read a first time be read a
second time forthwith.
That By-law now read a second time be read
a third time forthwith.
------------ That By-law now read a third time do pass,
be engrossed by the Clerk, and signed and
.... . .. sealed by the Reeve.
C j
BY—LAW # 307 / �77V
CORPORATION OF THE VILLAGE OF PORT BURWELL
t-1- 0\
THE COU?'CIL OF THE CORPORATION OF THE VILLAGE OF PORT BURWELL ENACTS AS
FOLLOWS:
1. That, effective January 1st, 1978, the following rates shall
be paid per Council Meeting to Council Members, to include
REGULAR and SPECIAL COUNCIL MEETINGS, held in the Village of
Port Burwell, and to exclude Committee Meetings:
REEVE $35.00
COUNCILLORS $25.00
2. That, effective January lst, 1978, the following rates shall
be paid to Council Members for attendance at out—of—town
meetings:
REEVE: $35.00 per day, plus receipted expenses
COUNCILLORS: $25.00 per day, plus receipted expenses
3. That effective January 1st, 1978, Council Members who drive
their own automobiles to out—of—town meetings be paid a mileage
allowance of $.200 per mile.
4. That one third of such payments to Council Members, plus mileage
allowance be deemed to be for expenses, incident to the discharge
of their duties.
5. That all former By —Laws and Resolutions of the Village of Port
Burwell Council, respecting remuneration to Council Members, be
and are hereby repealed.
BY—LAW READ A FIRST, SECOND AND THIRD TIME
BY—LAW PASSED, engrossed by the Clerk, signed and sealed by the Reeve,
THIS 6th DAY OF February, 1978.
• '►- vim!-'� r'� 1� �� ` � • • • • • •
Clerk
. . . . . . . . . . . . .
REEVE
lb
�'A
THE MUNICIPALITY OF VILLAGE OF PORT 8URWELL
Meeting.. February
MovedBy ........ ------ --��2' ..................................
6
19.78
IThat leave be granted to introduce By-law 46
Seconded By
to fix the members of Council's rate of pay on a per meeting basis, as per attached
BY -Law #307
and that By-law presented herewith be read a first time.
/ , f
By-law read a ........ .......... time
MovedBy<1L ............... . . .............................
Seconded By ............
By-law read a ------.--.-A. n k1_..-._..time
Moved By ........
Seconded By
Bylaw reed a time
ZZ Moved By --- ------------
Seconded By .744,2 - - - - ---------
1%
That By-law now read a first time be read a
second time forthwith.
That By-law now read a second time be read
a third time forthwith.
That By-law now read a third time do pass,
be engrossed by the Clerk, and signed and
sealed by the Reeve.
etplt
BY LAW # 3 0 3
Corporation of the Village of Port Burwell
A By —Law to fix the date of the Regular Meeting of the Council of the
9 Corporation of the Village of Port Burwell;
Whereas it is deemed that a date different from the First Monday of each
month is advisable in order to reconcile Bank Statements prior to the
meeting;
And Whereas statutory holidays commonly fall on the first Monday of a
month, necessitating posting of notices of meetings to alter the changes
of meeting dates;
And Whereas the members of this Council are agreeable to the fixing of
the SECOND MONDAY OF EACH MONTH as the date of the Regular Council Meeting;
Now therefore, be it enacted by the Council of the Village of Port Burwell
that the SECOND MONDAY OF EACH MONTH be set as the Regular Council Meeting
date.
BY —Law read a first, second and third time this 6th day of February,1978
and finally passed.
Clerk
-4
'0
REEVE
THE MUNICIPALITY OF -VILLAGE OF PORT BURWELL
F2 IJ.K 4Yy
spssiea- Meeting ......We 3F...... - W:.......................,19..?i3..
Moved By
That lease be granted to introduce Bylaw #
Afw
Seconded By _.Le_
to fix the date of the Regular Meeting of the Council of the Corporation of the
Village of Port Bureell; to the SECOND M(NDAY OF EACH M3M.
and that By-law presented herewith be read a find time.
By-law read a ....._....:..5
That By aw now read a find time be read a
second time forthwith.
That By now read a second time be read
a third time fosf nWL
That By-law now read a third time do pass,
be engtcesed by the Clerk, and signed and
sealed by the Heave.
_1 - 03
BY—LAW # 309
Corporation of the Village of Port Burwell
WHEREAS this is a By —Law to reinforce and re—emphasize a former resolu—
tion of the Fort Burwell Council, dated July 5. 1973, as follows:
Moved by R. Kearse, seconded by K. Matthews, that no work that
can be done by private enterprise on private property in town,
be done by town workers, unless in case of emergency. That
motion number 5 of February 5, 1973, be rescinded. This
motion is regarding minimum job rate of $1.80 an hour for work
done on private property by Village employees."
WHEREAS acceptance of the responsibility of work on private property
by Village Employees, creates a loss to private enterprise taxpayers
within the Village;
AND WHEREAS it is not possible for Public Works Employees to do all the
required private work for each and every taxpayer within the Village;
THEREFORE, in fairness to all, the Village is hereby exempt from any
obligation to the few;
NOW THEREFORE be it enacted by this By —Law that all private enterprise work
on private property, as follows:
1. snow removal and snowplowing of driveways
2. grass and weed cutting
3. gravelling and black —topping of driveways
4. tree trimming and removal
5. garbage or large article removal by the town wagon, other
than the Annual Large Container collection of same.
b. any other duties which require employees to enter into any
work or privilege required by ratepayers;
AND THAT except in case of emergency, all these items be disallowed, as
Public Works duties;
AND THAT, if any exception to this rule be found worthy, such a privilege
must be weighed at Council's discretion.
AND THAT this By —Law read a first, second and third time, is passed and
engrossed by the Clerk, and signed and sealed by the Reeve.
THIS _day of February, 1978.
Clerk
THE MUNICIPALITY OF VILLAGE OF PORT BURWELL
Meeting... k.ebruaxY.61 .. .................... 19.7$...
Moved By ....
....... . . ....
That leave be granted to introduce By-law to
4
Seconded By
to reinforce a former resolution of Council that no work that can be done by
private enterprise on private property in town, be done by town worker3V unless
in case of emergency*
and that By-law presented herewith be read a first time.
By-law read a ---------- J -1 _f ......---......time
wed
Seconded By
By-law read a ---------- — -------- time
That By-law now read a first time be read a
second time forthwith.
Moved By
That By-law now read a second time be read
a third time forthwith.
Seconded By
By-law read a thug
L --- ---- ---------- Moved By ----
. ............ That By-law now read a third time do pass,
3y
be engrossed by the Clerk, and signed and
LSD
Seconded By sealed by the Reeve.
, a7 0 rem 10 Opt.-72
BY-LAW No... 310
"(1011W to authorize the borrowing of $20,000.00
tvo
Municipality of
Whereas the Council of the 7i7la7,e of Port Burwell
(hereinafter called the "Municipality") deems it necessary to borrow Me sum
of $ 20,000.00 to meet, until the taxes are collected, the current
expenditures of the Municipality for the year 1978
Nar..—Refer And Whereas the total amount of the estimated revenL -;.S the
to the "mat"
r« the current Municipality as set forth in the estimates adopted for the year 19?c , is
Inr if .dopted;
J not. to tho.e
DI l.et year.
= 775,325.00
(DeWethis And Whereas the total of amounts heretofore borrowed for the purposes
=rmph ff cot
t bfe.) mentioned in subsection _(1) of Section 332 of The Municipal Act which have
not been repaid is S nil
Therefore the Council of the Munieip_lity of 'I j age of Port
hereby enacts as follows: .ell
1. The Head and the Treasurer ate :.c.et)yat-horized on behalf of the Vlunicipalityto
borrow from time to time by way of promissory note from CANADIAN IMPERIAL BANK
OF COMMERCE a sum or suns not exceeding in the aggregate $
to meet until the taxes are collected the current expenditures of the Municipality
for the year, including the amounts required for the purposes mentioned in subsection
(1) of Section 332 of the Municipal Act, and to give on behalf of the Municipality
to the Bank a promissory note or notes sealed with the Corporate Seal and signed by
the Head and Treasurer for the moneys so uorrowed, with interest at such rate
as may be agreed upon from tif,.• ,t. time H..:. t'.,c Bank.
2. All sums borrowed pursuant to the authority t,f t:Iis by-law, as well as -'Al ut',et sums
borrowed in this year and in prev years from the said Bank for r.ny or a.! of the
purpo,es mrr •font t: in the said n 332, hall, with interest there, n, oe a charge
upon he whole o1 the revenues t•. •ie Muni. •pality for the current year and for all
pre(,,_ing years as and when sucn revenues a - received.
3. Tht Treasurer is hereby authorized and t..rected to apply in pays. t of all sums
borrowed as aforesaid, together wi h interest thereon, all of the moneys hereafter
cc. ectcd or re^eived either on accot. or :ealized in respect of taxes :<< •-(; for the
current year and preceding years or from any other source which may ...w.ully be
applied for such purpose.
Passed this 20 tiaN of March 1978
THE HEAD O THE UVNICIPALITY
SEAL }
I rereby certify that the forego: ig is a true copy ui ;-law
No. 1'0 of tt.e 20 of March, 1978
in the Prot. ace of Ontario, duly passed at a meeting of the Council of the said
Municipality duly held, and that the said By-law is in full fort and effect.
Dated This 27
As Nti,tness the Sea: )f
the of
6EAL )
day of March
•978
t
................. I....................... CLEF C
_ - 0
G
#310
4
THE MUNICIPALITY OF VILLAGE OF PORT BURWELL
Meeting March 20, _1978.. ........... _. ,19.7g...
That leave be granted to introduce By-law #310
WHEREAS, the Council of the Village of Port Burwell may deem it necessary to
borrow up to the sum of $20,000. to meet current expenditures until taxes are
collected?
and that Bylaw presented herewith be read a first time.
By-law read a .......�...-.-.._.tom
Moved By
Seconded --
By-law road a--t�
Moved B,.r��
ISeconded By 1 tom_
By-law read a �nme
Moved By
_. �!.._ 1_ ._.....
Seconded By --.---
16
That By-law now read a first time be read a
second time forthwith.
That Bylaw now read a second time be read
a third time forthwith.
That By-law now read a third time do pass,
be engrossed by the Clerk, and vigned and
sealed by the Reeve.
(�Vt) 4'xd I
4 &'Sx-
4J/41�
/ rom dRD-61
On demand after date, for value received, the
Corporation of . th ��' of_ --',,� .L..L........... .�....................... ................
_
by its corporate seal, promises to pay to the CANADIAN IMPERIAL BANK OF COMMERCE or order
at its office the in sum of.
._._..::.c....�✓.L,,,,./�...� ...........
- - ----•----.._........................................ ....... ...._........Dollars, with interest, payable monthly, at
the rate of --per gent. per annum, as well after as before maturity, until paid.
Signed on behalf of the said Corporation by the _- /1
and Treasurer of the Municipality, under authority of By-law
No.._�.._... , passed in Council the . _......................... day of
THE CORPORATION OF THE VIE pt paT DUraU
BY -LAW NO. `_J I I
WHEREAS the Corporation of the Village
of Pori Duxwell desires to execute agreements with Her
Majesty the Queen in right of Ontario as represented by the
Minister of the Environment for the provision of Sewage
Service in accordance with the Schedule attached to this By-law;
AND WHEREAS such agreements will not be executed
until the necessary approvals of the Ontario Municipal Board
have been obtained.
BE IT THEREFORE ENACTED by the Council of the
Corporation of the Village of Port Bur 11
as follows:
1. That the Corporation enter into and execute
agreements with Her Majesty the Queen in right
• of Ontario as represented by the Minister of
the Environment for the provision of Sewage
Service in accordance with the Schedule attached
to this By-law.
2. The Reeve and Clerk are hereby authorized
and directed to execute, subject only to the
approval of the Ontario Municipal Board, an
agreement substantially the same as attached
hereto as a Schedule "A".
3. This By-law is subject to the approval of the
Ontario Municipal Board.
• READ A FIRST TIME on the _.), 8 11. day of Mn vri 197S
READ A SECOND TIME on the 1Z 81 1 k day of M A r ril 19 7 S
READ A THIRD TIME and finally passed on the 2 8_ti day
of /`0 a , , 1 19 - I �'y
0
0
SCHEDULE "A" TO BY-LAW NO. _3 1 1
OF THE VILLACE OF PORT BURWELL
THIS AGREEMENT, made in triplicate
A.D. 19�
BETWEEN:
OF THE CORPORATION
this day of
THE CORPORATION OF THE VIIJAGE OF PORT BURWELL
(hereinafter called the "Municipality")
THE PARTY OF THE FIRST PART
- and -
HER MAJESTY THE QUEEN IN RIGHT OF ONTARIO AS
REPRESENTED BY THE MINISTER OF THE ENVIRONMENT
(hereinafter called the "Crown")
THE PARTY OF THE SECOND PART
• WHEREAS the Crown proposes to provide sewage
service to the Municipality by means of sewage works to be
provided or acquired by the Crown;
AND WHEREAS the Council of the Municipality
on the 2'' day of Ma > < <, , A.D. 197k , passed
By-law No. j 1/ authorizing the Municipality to enter into
an agreement with the Crown for such purpose upon the terms
and conditions as hereinafter set out;
AND WHEREAS the Ontario Municipal Board has
by Order dated the day of , A.D. 19 ,
approved the entering into by the Municipality of this agreement;
• NOW THEREFORE THIS AGREEMENT WITNESSETH that
under sub -section (la) of section 17 and section 18 of The
Ontario Water Resources Act, the parties hereto in consideration
of the covenants, terms and conditions hereinafter set forth,
covenant and agree with each other as follows:
1. In this agreement,
(a) "calendar year" means the period commencing
January 1st in any year and'ending December
OFFIMITIONS 31st in the same year;
(b) "commencement date" means the date on which the
0 Crown is able to supply sewage service hereunder,
as determined by the Crown;
Ll
0 2 -
(c) "Crown"means the Crown or any of its employees.
agents, servants or officers authorized to act
on its -behalf under this agreement;
(d) "initial period" means the period commencing on
the commencement date and ending on December 31st
of the second calendar year next following;
(e) "initial rate period" means the period immediately
subsequent to the initial period consisting of
three consecutive calendar years;
(f) "rate" means the rate, as determined by the Crown
hereunder, expressed in cents per one thousand
Imperial gallons of sewage transmitted to the
point or points of recording;
(g) "rate period" means any.period subsequent to the
• initial rate period consisting of five consecutive
calendar years;
(h) "Sewage Works" means the sewage works constructed
or acquired from time to time for the Municipality
under this agreement;
(i) "sewage service" means
transmission, treatment
any one or more of them
from time to time.
2. The Crown agrees:
the collection, acceptance,
and disposal of sewage, or
as determined by the Crown
(a) To supply sewage service to the Municipality, without
undue delay, on the terms and conditions hereinafter
set forth, and to such other municipalities and
IVpersons and on such terms and conditions as the Crown
may determine from time to time;
(i) The Crown's obligation to supply sewage service
hereunder is subject to sufficient capital funds
being allocated in the estimates and votes of
the Ministry of the Environment.
(ii) An objective commencement date will be established
by the Crown in consultation with the Municipality
after tenders for construction of the works have
been opened.
The estimated date for tenders and the year in
which construction is expected to commence is
August 1. 1980
(b) To notify the Municipality in writing of the commencement
date at least 60 days prior thereto; and
(c) To exercise reasonable care in the carrying out of all
of the terms of this agreement, it being understood
and agreed nevertheless between the parties hereto
that subject always to the obligation to exercise such
reasonable care, no warranty or liability on the part
of the Crown is intended nor shall any warranty or
liability be implied or imposed in respect of the
performance of this agreement by the Crown.
3. (a) The Municipality shall, as soon as possible after
the execution of this agreement and at least ninety
"INICIPAI days prior to the date specified in paragraph 2(b)
;FWArF hereof, pass a by-law in a form approved by the
r—I.AW Crown and in accordance with the law, to control
the discharge of sewage, as defined in The Ontario
Water Resources Act, into the Sewage Works or into
any sewer, sewer system or sewage works of the
Municipality, or if the Municipality already has
a by-law controlling the discharge of sewage,
will amend the same at the request of the Crown,
• and shall deliver a certified copy of such by-law
as passed or amended to the Crown prior to the
commencement date, and shall not amend, further
amend or rescind such by-law without the prior
written approval of the Crown and shall enforce
such by-law with due diligence.
(b) The Crown shall install, at such point or points
r'VTFPas the Crown shall determine, hereinafter referred
to as the "point or points of recording", such
equipment as may be necessary to determine the
volume of sewage transmitted to the point or points
of recording, and the Municipality may from ::ime
to time inspect such equipment at its expense.
• (c) The connection of sewage works that belong to or
CNNFUICIN are under the control of the Municipality to the
rF sEWAFF Sewage Works and any repairs to or alterations of
WOW such connection shall be to the satisfaction of the
Crown and at the expense of the Municipality, and
in the event that the equipment referred to in sub-
paragraph (b) hereof is installed in sewage works
belonging to or under the control of the Municipality,
the Municipality shall permit the Crown access to
such equipment at any time or times for the purpose
of reading or testing such equipment.
(d) In the event that the Crown determines that the
volume of sewage transmitted to the point or points
ES of recording has not been recorded or has not been
recorded accurately for any period of time, the
Crown shall estimate the volume of sewage transmitted
to the point or points of recording during such
period of time and such determination and estimation
shall be final and binding on the parties hereto for
all purposes of this agreement.
4. (a) Except in an emergency, as determined by the Crown
SEWAGE in its discretion, or except with the prior approval
QUALITY of the Crown in writing, on such terms and conditions
as the Crown may determine,
(i) The Crown shall accept only sewage which
does not contravene any of the terms and
conditions set out in Schedule "A" hereto;
and
• (ii) The Municipality shall not transmit, nor
permit to be transmitted, sewage to the
Sewage Works which contravenes any of the
terms and conditions set out in Schedule "A"
hereto.
11SECF (b) Subject to sub -paragraph (a) hereof, the Municipality
SEWAGE shall transmit to the Sewage Works all sewage in the
WORKS sewage works of the Municipality as they may exist
from time to time, that, in the opinion of the
Crown, have been designed to receive and transmit
sanitary sewage and commercial and industrial wastes.
(c) In the event that the Crown enters into an agreement
to provide sewage service from the Sewage Works to
L :V1 municipalities or persons other than the Municipality,
the Municipality shall pay to the Crown the sum
of $100.00 as liquidated damages and not as a penalty
for each day during which the Municipality has
transmitted sewage to the Sewage Works that
contravenes any of the terms and conditions set out
in Schedule "A" hereto, contrary to sub -paragraph
(a) (ii) hereof.
5. (a) The Municipality shall supply to the Crown on or
REPORT OF before the third anniversary date of this
REQUIREMENTS agreement, and similarly at subsequent two year
intervals thereafter, during the currency of this
agreement, a written report containing such information
as the Crown may require respecting the Municipality's
reasonable requirements for sewage service during
the throe year period subsequent to the date
of each report.
0 - 5 -
FARTHER (b) The Municipality shall supply to the Crown upon
REPORTS request at any time or times such other written
reports or information as the Crown may require.
(c) The Municipality shall use reasonable care, due
IDE diligence and its best endeavours to prepare and
supply to the Crown any report or information
required hereunder.
6. The Crown shall use reasonable care, due diligence and
its best endeavours,
EXTENT OF (a) To provide on or before the commencement date,
3EkACE sewage service sufficient for the requirements
sFRVICE set out in Schedule " D " to this agreement, and
(b) Subsequent to the third anniversary date of
A°E
this agreement, to provide within a period of
SFRVI CE
three years of the receipt by the Crown of any
report or information pursuant to paragraph 5
hereof, sewage service sufficient for the reasonable
requirements of the Municipality as determined by
the Crown and notified to the Municipality, and
based on such report or information referred to
above, provided that the Municipality has complied
with all of the requirements of paragraph 5 hereof
and further provided that, in the opinion of the
Crown, the requirements set forth in any such
report are compatible with all work initiated by
the Crown in accordance with any previous report
or information.
40
SsrEi IN
7. Except as otherwise expressly provided in this agreement,
0ISCRFTICN
the Crown in its discretion shall determine all matters
(IFCRMA
with respect to the Sewage Works, and without limiting
the generality of the foregoing, shall determine,
(a) The number of stages in the Sewage Works and
the dates on which such stages shall be provided
or acquired,
(b) The design, description, capacity, function,
alterations, replacements, multiplications and
enlargements of each stage of the Sewage Works,
and
(c) All matters affecting the economy of the Sewage
Works.
0 - 6 -
S. All of the terms and conditions of this agreement notwith-
IMPAIRMENT standitlg, as expressly agreed and understood by the parties
OF RECEIVING hereto that nothing herein contained creates any obligation,
BODY expressed or implied, on the Crown to provide sewage
service hereunder which, as determined by the Crown, would
not be in accordance with good engineering principles or
practice, and without limiting the generality of the
foregoing nothing herein contained creates any obligation,
expressed or implied, on the Crown to enlarge, extend,
alter or modify the Sewage Works, if in the opinion of
the Crown, the probable effect of the effluent from the
Sewage Works (as they may be enlarged, extended, altered
or modified) would be the impairment of the quality of
any water or watercourse which may receive such effluent
or into which such effluent may be discharged.
tr 9. The Municipality shall not install, connect or operate,
VOT�ME nor permit to be installed, connected or operated, any
AND RATE works, equipment or structure that transmits or causes
IF FLCV or permits the transmission of sewage at any time or
times to the Sewage Works at a rate of flow or of a
quality or otherwise not in conformity with this agreement
or any report or information supplied by the Municipality
under paragraph 5 hereof, except with the prior approval
of the Crown in writing.
ED 10. In the event that the Crown enters into an agreement to
DAMAGESFOR provide sewage service from the Sewage ha Works to munici-
A�'AO
EXCESSIVE palities or persons other than to the Municipality and
VOIUMEOR if the Municipality at any time or times transmits, or
RATE OF FU'iW
• permits to be transmitted, sewage to any part or parts
of the Sewage Works at a rate of flow or in a volume,
which as determined by the Crown, exceeds,
(a) That rate of flow or volume which such part was
constructed to accommodate in accordance with
paragraph 6 hereof, or
(b) That rate of flow or volume specified in any report
or information supplied by the Municipality to the
Crown pursuant to paragraph 5 hereof,
whichever shall be the lesser, the Municipality shall pay
to the Crown the sum of $100.00 as liquidated damages
and not as a penalty for each day during which sewage
has been transmitted at such rate of flow or in such
volume, unless the written approval of the Crown has
been obtained for such transmission.
•
- 7 -
11. Subject to the provisions of paragraph 8 hereof, the
'IILFILWfNT provision of sewage service by the Crown in compliance
W ORLIGATIONS with any report or information of the Municipality
provided under paragraph S hereof shall be deemed to
be the fulfillment by the Crown of its obligations
under paragraph 6 hereof with respect to the period
of time covered by such report or information.
12. (a) The Municipality shall pay to the Crown all charges
for its sewage service which shall be the sum of,
44RGE FrR
FWaGE sFRVICF (i) The gallonage charge as set out in sub-
paragraph (c) hereof, and
(ii) All sums received by the Municipality as
sewage rates imposed upon owners or occupants
. of land in respect of local collector sewers
provided and operated by the Crown hereunder.
(b) The Municipality shall pay the sums referred to in
EM clause (ii) of sub -paragraph (a) hereof in the year
in which such sewage rates are collected by the
Municipality.
(c) The gallonage charge for sewage service for a month
In„Arr shall be calculated as the product of the rate for
IRS sewage service for the initial period, or initial
rate period or the rate period, as the case may be,
applicable to such month and the total volume of
sewage transmitted to the point of recording in
such month as determined by the Crown, and such
gallonage charge shall be paid by the Municipality
to the Crown in accordance with its monthly statement
of account delivered to the Municipality.
SEQUF'T (d) (i) Subject to the terms of this agreement, the
4TE rate for sewage service for the initial rate
period and any rate period shall be determined
by the Crown in its discretion and shall be
based on the cost to the Crown, as determined
by it, of providing sewage service by means
of the Sewage Works.
(ii) The difference, as determined by the Crown in
its discretion, for any period of time between
the cost, incurred or anticipated, of providing
sewage service by means of the Sewage Works,
and all payments, both made and anticipated,
to the Crown by the Municipality, and any
other municipalities or persons, who have
entered into or are anticipated to enter into
agreements with the Crown with respect to the
provision of sewage service by means of the
Sewage Works, and any subsidies received or
anticipated by the Crown in respect to the
construction or operation of the Sewage Works
shall be taken into account by the Crown in
determining the rate.
(iii) All accounting for the Sewage Works shall be
exclusively for the Sewage Works and no
surpluses or deficits from the Sewage Works
IDFn
shall form any part of the account for any
•
other system operated by the Crown.
RATE FOR (e)
The rate for sewage service provided hereunder for
INITIAL
the initial period shall be 183.3 cents per
PFRIOD
thousand Imperial gallons.
(f)
As soon as practicable prior to the first day of
December immediately preceding the end of the
THE OFTFPMINATION
AND NnTIFICATION
initial period, the initial rate period and any
OF SnPSF()rIFNT RATE
rate period thereafter, the Crown shall determine
the rate for the period next following and by its
notification delivered to the Municipality shall
inform the Municipality of such rate.
(g)
Upon the petition of the Municipality filed with
OTIT104 nF
the Clerk of the Executive Council within thirty
SIIPSEr4JFNT RATE
days after the date of delivery of the notification
of a rate to the Municipality under paragraph 12(f)
hereof, the Lieutenant Governor in Council may
confirm, rescind or vary such rate and the decision
of the Lieutenant Governor in Council respecting
such rate shall be final and binding on the parties
hereto.
(h)
If the rate for the initial rate period or any
VARIATION OF
rate period thereafter is varied pursuant to
SIIRSEOVENT RATE
paragraph 12 (g) hereof, the Crown shall ascertain
the difference between the amount, if any, paid
to the Crown by the Municipality in monthly payments
for the period from the beginning of such initial
rate period or such rate period, as the case may
be, to the end of the month next following the date
of such variation (hereafter referred to as the
"rate adjustment period"), and the product of the
volume of sewage transmitted to the point or
points of recording for sewage service for the
rate adjustment period and the rate as varied
under paragraph 12(g) hereof, and by its statement
of account for such rate adjustment period delivered
to the Municipality, the Crown shall inform the
Municipality of the amount owing to the Crown or
by the Crown, and such amount shall be deducted
from or added to the first monthly payment to be
paid thereafter to the Crown by the Municipality
hereunder.
(i) If any error or omission is made in any notification
E?R'"Rs AND 'Miss TLS or any statement of account delivered to the
Municipality by the Crown under this agreement the
Crown shall correct such error or omission in the
notification or monthly statement of account next
• following the date on which such error or omission
comes to the attention of the Crown, and the
parties hereto shall be bound by and shall comply
with such correction.
(j) The mailing by the Crown of a notification of a rate
or a statement of account in an envelope addressed
kOTIFI�ATI I, to the Municipality shall constitute delivery of
the notification or of the statement of account to
the Municipality.
(k) Any amount due and payable by the Municipality to
R�rFY the Crown, together with interest thereon after
default at the rate of 8% per annum, may be recovered
with costs in a court of competent jurisdiction as
a debt due to the Crown by the Municipality.
R4TO,NANGE (1) Notwithstanding sub -paragraphs (e) , (f) , and (g) ,
the Crown may, with the agreement of the Municipality
evidenced by a resolution of the Council of the
Municipality, vary the gallonage rate at any time or
times during a rate period, initial rate period or
initial period.
13. All of the terms and conditions of this agreement notwith-
standing, it is agreed and understood by the parties hereto
EVENTS Qfv,r�c CONTROL CF that if the Crown is unable to provide sewage service as
CROWN contemplated herein by reason of events beyond the control
of the Crown, or by reason of the acts or omissions of
the Municipality, the Municipality shall reimburse the
Crown for all costs incurred by the Crown in pursuance
• of its obligations under this agreement, upon such
reasonable terms and conditions as the Crown in its
discretion may decide upon.
1.
10 -
6 -
14. Where rates that are based on water rates or charges
SHI1T CfF charged or chargeable in respect of any land, are
OFWATFP imposed by the Municipality upon the owners or occupants
SI PPIY
of such land in respect of sewage service and are charged
on the water bill the Municipality shall, in default of
payment of the rates in respect of sewage service,
exercise when necessary all remedies provided by law
for the collection of such rates, and without limiting
the generality of the foregoing, and any such default
continues for a period of six months, shall shut off
the supply of water under the authority of sub -section
3 of section 27 of The Public Utilities Act.
15. The failure by anv party hereto to carry out any of the
R?(AC11 V'T terms, covenants, and conditions of this agreement shall
A RFLEAFF not release the other party hereto from the performance
• of any term, covenant or condition of this agreement, but
this clause shall not affect any right of action that
may arise for damages for breach of this agreement or
otherwise.
16. This agreement contains the entire agreement between the
AMF'4rrEW parties hereto with reference to the subject matter
A AS`Ir.► INT hereof, shall not be altered or amended except by an
ETF.
agreement in writing duly executed by the parties hereto,
shall enure to the benefit of and be binding upon the
parties hereto and their successors, and shall not be
assigned in whole or in part.
17. (a) Where any provision of this agreement provides for
measurements to be made, quantities to be recorded
t ts or accounts to be issued based on units which are
s not in the metric system, the Crown may, in its
discretion, use units in the metric system in place
of units not in the metric system.
(b) Where metric units are used pursuant to subsection a),
the Crown shall advise the municipality of all
factors used by the Crown for purposes of converting
units not in the metric system to units in the
metric system.
(c) In this section, metric system means the International
System of Units established by the General Conference
of Weights and Measures and authorized under the
Weights and Measures Act, S.C. 1970-71-72, c. 36,
as it may be amended from time to time.
IN WITNESS WHEREOF the parties hereto have
caused this agreement to be executed under seal.
THE CORPORATION OF THE
VILLAGE 01 PORT BURWELL
per:
Reeve i
U]
per:
i
Clark
HER MAJESTY THE QUEEN IN RIGHT
OF ONTARIO AS REPRESE14TED BY THE
MINISTER OF THE ENVIRONMENT
Minister
#311
•
•
THE MUNICIPALITY OF VILLAGE OF PORT BURWELL
Meeting M.arch..281 ...........................,19..'7a..
That leave be granted to introduce By-law #311
Seconded By . +� : r
Being a By -Law with respect to execution of an agreement with the Ministry of the
Environment for the provision of sewage service to the Village of Port Bur -well.
and that By-law presented herewith be read a first time.
By-law read a ---------- ................time
Moved By
Seconded By . 14----_-----------------
By-law read a --------- _-........ time
Moved By
SecondedBY----------�--------=-------'�i.�.cz!._.---------------
By-law read a -..--.--3._.n time
That By-law now read a first time be read a
second time forthwith.
That By-law now read a second time be read
a third time forthwith.
Moved By .. ___
------------..-"..........................................• That By-law now read a third time do pass,
-� I - be engrossed by the Clerk, and signed and
Seconded B LL,I�IL'.dd, -: sealed by the Reeve.
BY - LAW NO. 3 / 2
OF PORT BURWELL
OF THE CORPORATION OF THE VILLAGE
BEING A BY-LAW WITH RESPECT TO A SEWAGE RATE UNDER
SECTIONS ld .AND 56(5) OF THE ONTARIO WATER RESOURCES ACT.
WHE the Corporation of the Village of
Port btamell has entered into or proposes
to enter into an agreement with Her Majesty the Queen in
right of Ontario as represented by the Minister of the
Environment for the supplying of sewage service to the
Municipality.
VEY THEREFOREtheCouncil of the Corporation of
the illl ENACTS
AS FOLLOWS:
1. A sewage rate is hereby imposed upon the owners
or occupants of lands which are supplied with
• sewage service as a consequence of the entering
into of the above -mentioned agreement by the
Corporation of the Village of Post Dlave11.
is
2. The sewage rate shall be imposed in each year
commencing in the year 19 %nd shall be a foot
frontage rate of $ l 11 , 1 Q divided by the frontage
on the lands designated in paragraph 1 hereof,
provided that in the case of such lands which also
are connected to water works owned and operated
by Pp t e Co �or—a_t}on of the Village of
Fort stYtwol� or by the Ministry of the
Environment, the sewage rate hereby imposed
shall be a charge on the water bill charged
or chargeable in respect of such lands and shall
be computed as o -,e h e •.c�rr0� • e i 9l iy c "t
per centum (/8/ %) of the annual water rates or
charges charged or chargeable in respect of such
lands where such lands are used for other than
commercial and industrial purposes and 6
h%kk %/reJV f I y 44y O •% P
per centum (/8'1 %) of the annual water rates or
charges charged or chargeable in respect of such
lands where such lands are used for commercial
or industrial purposes.
Ll
2 -
3. (a) A reduction in the case of corner lots at the
junction or intersection of streets of 100 %
of the flankage and a reduction or increase in
the case of triangular or irregularly -shaped lots
may be made in the foot frontage rate that other-
wise would be chargeable thereon, sufficient,
having regard to the situation, value and
superficial area of such lots as compared with
other lots, to adjust its frontage charge on a
fair and equitable basis.
(b) Where a lot is for any reason wholly or in part
unfit for building purposes, a reduction may also
be made in the foot frontage rate that otherwise
would be chargeable thereon sufficient to adjust
its frontage charge as compared with that of lots
fit for building purposes on a fair and equitable
. basis.
(c) Where a lot, other than a corner lot, has two
limits that abut on streets and the size and nature
of the lot is such that any or all of the works
in such streets are not required, a reduction in
respect of the works that are not required, so long
as they are not required, may also be made in the
foot frontage rate that would otherwise be chargeable
thereon, sufficient to adjust its frontage charge
on a fair and equitable basis.
(d) In the case of lots that because of the nature of
the terrain or the elevation of the sewer, do not
derive the same benefit as other lands abutting
on the sewer, a reduction may be made in the foot
frontage rate which otherwise would be chargeable
thereon, sufficient having regard to the benefit
derived as compared with other lots, to adjust
the foot frontage rate on a fair and equitable
basis.
(e) The reduction shall be made by deducting from
the total frontage of the lot liable to the annual
foot frontage rate so much thereof as is sufficient
to make the proper reduction, but the whole of the
lot shall be charged with the annual foot frontage
charge as so reduced.
i
i
f
4. This By-law is subject to•the approval of the
Ontario Municipal Board.
READ A FIRST AND SECOND TIME on the .20 th day of M4rc�
A.D. 19 -15'
READ A THIRD TIME AND FINALLY PASSED on the z 9_fk day of M4-rcA
A.D. 19 15
Clerk
11
16
#312 -1 � 66V
THE MUNICIPALITY OF VILLAGE OF PORT BURWELL
Meeting March 28
c; GG
Moved By ..
... �............................
That leave be granted to introduce By-law #312
Se=ded By -------....._. ........ ..........
Being a By -Law with respect to a Sewage Rate under Section 18 and 56 (5) of the
Ontario Water Resources Actp which is applicable to all users of the Sewage System*
and that Bylaw prevented herewith be read a first time.
By-law read a ..... ___ , _._---.-.time
Moved By ._.%5........ .....••----._...___.....__.-•--•---.....__ Seconded 4_. ....... '�-4..... .
By-law read a --------- ._ -- -------- time
-� -- -
Moved B �;' ----
_ - --- -.
Seconded By
By-law read a time
Moved By
Seconded 13y _.--•-••-----._._----
That By-law now read a first time be read a
second time forthwith.
That By-law now read a second time be read
a third time forthwith.
That By-law now read a third time do pass,
be engrossed by the Clerk, and signed and
sealed by the Reeve.
LJ
0
BY-LAW NO. '3 1 3 OF THE CORPORATION OF THE ViT.j, a
OF PORT MXMLL
BEING A BY-LAW WITH RESPECT TO A SEWAGE RATE UNDER
SECTIONS 18 AND 56(5) OF THE ONTARIO WATER RESOURCES ACT.
WHEREAS the Corporation of the Village of
Port Burw11 has entered into or proposes to enter
into an agreement with Her Majesty the Queen in right of
Ontario as represented by the Minister of the Environment
for the supplying of sewage service to the Municipality.
NOW THEREFORE the Council of the Corporation of the
Village of Port Burwll ENACTS AS FOLLOWS:
1. A sewage rate is hereby imposed upon the owners
or occupants of lands which front or abut on the
streets or parts of streets described in
Schedule "A" hereto, or connect to the sewers
constructed thereon.
2. The sewage rate shall be an annual charge and
shall be imposed for a period of forty (40)
years commencing in the year 1980 and shall be
an annual foot frontage rate of 30 cents
per foot on the lands designated in paragraph
1 hereof, at the option of the person liable
therefor, the sewage rate may otherwise be commuted
as a charge of $il, per foot and shall
be due and payable in the calendar year in which
such works are installed.
3. (a) A reduction in the case of corner lots at
the
junction or intersection of streets of
of the flankage and a reduction or increase in
the case of triangular or irregularly -shaped
lots may be made in the foot frontage rate
that otherwise would be chargeable thereon,
sufficient, having regard to the situation, value
and superficial area of such lots as compared
with other lots, to adjust its frontage charge
on a fair and equitable basis.
(b) Where a lot is for any reason wholly or in part
unfit for building purposes, a reduction may be
2 -
made in the foot frontage rate that otherwise
would be chargeable thereon sufficient to adjust
its frontage charge as compared with that of
lots fit for building purposes on a fair and
equitable basis.
(c) Where a lot, other than a corner lot, has two
limits that abut on streets described in
Schedule "A" hereto and the size and nature of
the lot is such that any or all of the works in
such streets are not required, a reduction in
respect of the works that are not required, so
long as they are not required, may also be made
in the foot frontage rate that would otherwise
be chargeable thereon, sufficient to adjust its
frontage charge on a fair and equitable basis.
• (d) In the case of lots that because of the nature of
the terrain or the elevation of the sewer, do not
derive the same benefit as other lands abutting
on the sewer, a reduction may be made in the foot
frontage rate which otherwise would be chargeable
thereon, sufficient having regard to the benefit
derived as compared with other lots, to adjust
the foot frontage rate on a fair and equitable
basis.
(e) The reduction shall be made by deducting from the
total frontage of the lot liable to the annual
foot frontage rate so much thereof as is sufficient
to make the proper reduction, but the whole of the
lot shall be charged with the annual foot frontage
• charge as so reduced.
4. This By-law is subject to the approval of the
Ontario Municipal Board.
READ A FIRST AND SECOND TIME on the g'tA day of 14e4'
A.D . 1979
READ A THIRD TIME AND FINALLY PASSED ON THE .77 fA day of M`c k
A D . 1978
Clerk
I
SCHEDULE.
BURWELLe
-•
"A" TO BY—LAW N0, 313 OF THE CORPORATION OF THE VILLAGE OF PORT
STREET
Elizabeth Street
Victoria Street
Milton Street
Shakespeare Street
Strachan Street
Erieus Street
Robinson Street
Erieus Street
Union Street
Newton Street
Waterloo Street
Wellington Street
Wellington Street
Pitt Street
• Pitt Street
Brock Street
Chatham Street (County
Rd. h09)
Addison Street
Wellington Street
r�
M
William Street
Erieus Street
Approx. 100' South
of Newton Street
Erieus Street
Erieus Street
Union Street
Union Street
Victoria Street
Bridge Street
Shakespeare Street
Approx. 150' East of
Erieus Street
Robinson Street
Approx, 125' East of
Erieus Street
Approx, 125' East of
Robinson Street
Approx. 150' East of
Erieus Street
Robinson Street
Approx. 250' North of
Homer Street
Homer Street
Addison Street
TO
Approx. 850' South of
Wellington Street
Pitt Street
Waterloo Street
Approx. 220' South of
Waterloo Street
Approx. 150' South of
Rock Street
Approx. 200' South of
Brock Street
Approx. 200' South of
Brock Str et
Union Street
Robinson Street
Milton Street
Milton Street
Erieus Street
Approx. 400' East of
Elizabeth Street
Erieus Street
Approx. 100' East of
Victoria Street
Strachan Street
Treatment Plant, Approx.
2200' South of Wellington St.
Wellington Street
Chatham Street (County Road #39)
#3 13 -1 k - 0_I
THE MUNICIPALITY OF VILLAGE OF PORT BURWELL
Meeting .... ... March ..... 2.81
,19.78
-------_----_-------- I
That leave be granted to introduce By-law #3 13
-------------
Seconded By . ..
Being a By —Law with respect to a Sewage Rate under Section 18 and 56 (5) of the
Ontario Water Resources Act, which is applicable to properties whit:h front on,
abut on, or connect to, the sewage system.
and that By-law presented herewith be read a first time.
By-law read a -------
Moved By ... . ...
Seconded ......
By-law read a - -:Z - -- - -.------time
Moved By
Seconded By
By-law read a time
Moved ByQ-11� '0
Seconded By-- -
That By-law now read a first time be read a
second time forthwith.
That By-law now read a second time be read
a third time forthwith.
40
That By-law now read a third time do pass,
be engrossed by the Clerk, and -vigned and
sealed by the Reeve.
W
BY-LAW N0. 3 I Y OF THE CORPORATION OF THE VII AGE
OF PORT NURV=
-BEING A BY-LAW WITH RESPECT TO A SEWAGE RATE
UNDER SECTIONS 18 AND 56(5) OF THE ONTARIO WATER RESOURCES ACT.
WHEREAS the Corporation of the Village of
Port Burwell has entered into or proposes to enter
into an agreement with Her Majesty the Queen in right of
Ontario as represented by the Minister of the Environment for
the supplying of sewage service to the Municipality.
NOW THEREFORE the Council of the Corporation of the
Village of Post Burwell ENACTS AS FOLLOWS:
1. A sewage rate is hereby imposed upon owners
or occupants of lands for which a sewage service
connection is provided to sewage works provided
• and operated by the Ministry of the Environment
under the above -mentioned agreement.
2. The sewage rate shall be a charge of $ 148.00
due and payable in the calendar year in which
such sewage service connection is installed
provided that such sewage rate may at the option
of the person liable therefor be paid as an
annual charge of $ 15.00 over a period of
forty (40) years coimencing in the year in which
such sewage service connection is installed.
3. This By-law is subject to the approval of the
Ontario Municipal Beard.
40 READ A FIRST, SECOND AND THIRD TIME AND FINALLY PASSED on the
day of A.D. 19
1.
1"Ve
Clerk
ht3 14
THE MUNICIPALITY OF VILLAGE OF PORT BURWELL
Meeting . Match.. ..........................19...79.
Moved By ^''��� �tr�! 4 ..._.._
That leave be granted to introduce By-law #31-4
r n n I i I ByQ . ..... - -----
Being a By -Law with respect to a Sewage Rate under Section 18 and 56 (5) of the
Ontario Water Resource Act which is applicable to owners or occupants of lands
for which a sewage connection has been provided.
and that By-law presented herewith be read a first time.
By-law read a ----------- J_-A ..... _.._....time
Moved By ------- - ------
Seconded By
F
By-law read a .........
Moved By
Seconded By
-- -------- -------
By-law read a time
That By-law now read a first time be read a
second time forthwith.
That By-law now read a second time be read
a third time forthwith.
Moved -------- _' That By-law now read a third time do pass,
be engrossed by the Clark, and Signed and
_n izy'_ sealed by the Reeve.
Seconded By --------- .........
# 315
-1 F 09
THE MUNICIPALITY OF VILLAGE OF PORT BURWELL
10
78 AP
Meeting... MaY .31,........
Moved By Gam? .........................-
' '-.....................
That leave be granted to introduce By-law # 315
Seconded By
to establish the rates and taxes for the year 1978 and to provide for the collection
thereof, with a mill rate as follows:
Public Residential 128.338 Public Commercial 146.537
Separate Residential 127*040 Separate Commercial -
The First instalment to be due on June 15, 1978; the zse,ond instalment to be due on
September 15, 1978; and the third instalment for Water Frontage and Connection to be
due on November 15, 1978.
A tax penalty of 1% is levied on the day after due dates and an additional 1".interest
is levied un the first day of eacn month after the due date.
and that Bylaw presented herewith be read a first time.
By-law read a ........... lj------- .-------_time
MovedB7 - ..__ • - -- ------ - - --------------- - --•-•---
That By-law now read a first time be read a
second time forthwith.
Seconded B-?�-..- ...... -.....
By-law read a ---------- �-----------time
Moved By _ a`---- ---_.- _
/ That By-law now read a second time b, read
a third time forthwith.
SecondedBy ._- ��//-----•------•-----. _._..___.... _ ..__..__-.__....
By-law read a ._. time
Moved By,,c� - -
That By-law now read a third time do pass,
be engrossed by the Clerk, and signed and
Seconded By - --- -_.. __.- --•---.._.-----------.._------. sealed by the Reeve.
eAl,
J
VILLAGE OF PORT BURWELL
SUF+MARY OF MILL RATES
1978
Public Separate
Residential Commercial Residential
Village 45.511 53.543 45.511
County 14.759 17.362 14.759
Schools
Public 37.312 41.458
Separate 36.014
Secondary 30.756 34.174 30.756
128.338 146.537 127.040
Assessment Mille Levy
Public
Residential $ 596,585 128.338 $ 76,565
Commercial 164,720 146.537 24,137
Separate
Residential 18,215 127.040 2,314
$ 779,520 $103,016
Where the money will come from in 1978 to pay the cost of
Village tax -supported services:
Amount Percent
Realty and business taxes - imposed for
municipal and school board purposes $ 103,016 31%
Province of Ontario's contributions 195,220 58%
Other municipal and school board revenues 35,821 11%
$ 334,057 100%
In 1978 Ontario will contribute $1.90 for every dollar of Realty
and Business taxes imposed by the Village of Port Burwell.
0
0
Village - residential
commercial
VILLAGE OF PORT BURWELL
1978 BUDGET
County - residential
commercial
Schools - Public
residential
commercial
Separate
residential
Secondary
residential
commercial
Assessment mill rate
$ 614,800 45.511
164,720 53.543
614,800 14.759
164,720 17.362
596,585 37.312
164,720 41.458
18,215 36.014
Levy
$ 27,980
8.820 $ 36,800
9.073
2.860 11,933
22.260
6.829 29,089
656
614,800 30.756 18,909
164,720 34.174 5,629 24,538
Tax roll $ 103,016
0 0
VILLAGE OF PORT BURWELL
1978 BUDGET
REV N UE
Telephone payments - Aylmer and Malahide
- Rell Canada
Grants in lieu
Ontario grants - roadways
- per capita
- resource equalization
- general support
county rebate - roads
Licenses and building permits
Rents
Pensities an•' interest on taxes
O.H.R.P. admin fee
Sundry revenue
Surplus
Tax roll
$ 2,159
569
2,200
22,400
5,271
30,013
5,749
2,275
1,000
2,500
2,200
2,900
1,000
9,246
89,482
103,016
$ 192,498
0 •
C� J
VILLAGE OF PORT BURWELL
1978 BUDGET
EXPENDITURE
Members of council
$ 4,725
General administration
23,000
Fire - salaries, materials, supplied -
6,1.10
- reserve for truck replacement
3,890
Conservation authority
925
Protective inspection
1,600
Flood control erosion debenture
8,258
- erosion costs
2,000
Roadways
43,900
Street lighting - power and maintenance
2,800
- new lights
1,200
Garbage
7,874
Parks and recreation - recreation committee
2,000
day camp
162
Planning and zoning
700
Maintenance of buildings - library
1,250
police
900
Reserve for capital -- 7 A4-- -r -)
4,000
115,294
Education
55,222
County
21,982
$ 192,498
0
# 336 NO
-1�-�
THE MUNICIPALITY OF VILLAGE OF PORT BURWELL
Meeting... ........ AukA..14.,.......................19.?.6...
Moved By --------------- t1.:1.L._T.6,��
That leave be granted to introduce By-law # 316 to
Seconded By ... ............... ........
authorize the execution of the attached consent to the Ministry of Environment to con—
vert to the metric system of measurements of all quantities, rates, fees charges or
other matters for the purpose of their proposed program, based on the International
System of Units.
and that By-law presented herewith be read a first time.
By-law read a .......... 1..-5,f---- ----------time
MovedBy -- - ...--------------------•---------------------
uv_....��.._.....
Seconded By .....
By-law read a---------_--2_j-- --------- time
That By-law now read a first time be read a
second time forthwith.
Moved By ---.......... ----
That Bylaw 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 -- _------------- _ ___ sealed by the Reeve.
CORPORATION OF THE VILLAGE OF PORT BURWELL
BY—LAW # 317 d
eft. N.�tichalFof Z. zo o., fh.c,t-�f SrO�r o f �'a6,�s... St a,.
��ff�1af �..f �e�-tR of dl�l�..yle� 5/-.�/PB
A By —Law top'1ECLAREV�!1:, RF13ISTERED PLAN 121 ACQUIRED BY RHGISTRATION
OF TAX ARREARS CERTIFICATE,TO BE REQUIRED FOR MUNICIPAL PURPOSES, i.e.
Parking Lot, or other Municipal necessity.
WHEREAS the lot hereinafter described has become the property of the Corpora—
tion of the Village of Port Burwell by virtue of registration of a tax arrears
certificate; '
AND WHEREAS the said land is now required for Municipal purposes, i.e.
Parking Lot, or other Municipal necessity;
THEREFORE THE Council of the Corporation of the Village of Port Burwell enacts
as follows:
1. That All and Singular those certain parcels or tracts of land
and premises, situate, lying and being in the Village of Port Burwell, in the
County of Elgin and Province of Ontario, and being composed of Part of the North
half of Lot number 20 on the West Side of Robinson Street and South of Wellington
Street in Registered Plan 12, be and thesgme is hereby declared to be required
for the purposes of the Corporation of the Village of Port Burwell, namely for a
Parking Lot or other Municipal necessity.
2. This By -Law shall come into force and take effect on the day of
the final passing thereof.
Clerk:
First Reading - K $ /� * 1978
Second Reading - r,� /��T 1978
Third Reading - /4 rg/ 1978.
# 317
THE MUNICIPALITY OF VILLAGE OF PORT BURWELL
Meeting .. ... .....Aunt...1k,................,19..7$...
Moved By?`'�"�
Seconded By
�..�L .........
1�1at�Qrt o T 09CH F r3o J�o'r ao d
to declare Registered Plan 12r acquire
That leave be granted to introduce By-law to # 317
1 by Registration of Tax arrear� Sty
certificate, to be required for Municipal Purposes, i.e. Parking Lot.
and that Bylaw presented herewith be read a first time.
By-law read a --------- 1,1T---- ------ -time
i
Moved By -...- '---�^`---�..... �-.._-......__.---
That By-law now read a first time be read a
- second time forthwith.
SecondedBy ...- ..................... - _.._ ._. _.
By-law read a--------rzS-------------time
Moved B ' '�._----•----------- - - - _ _
That Bylaw now read a second time be read
a third time forthwith.
Seconded By --- - -�..------........
By-law read a .._._j'J_time
Moved By . ........ ........ _.. That Bylaw now read a third time do pass,
�'/ be engrossed by the Clerk, and signed and
Seconded By
r (�._ _ �- sealed by the Reeve.
--
`" ✓ "d
16
THE CORPORATION OF THE VILLAGE OF PORT BURWELL -1 0 - 1D,
BY—LAW # 318
WHEREAS the Council of the Village of Port Burwell authorizes the signing of a
16 RENTAL LEASE AGREEMENT with the Ministry of Government Services (Legal Branch)
re the ONTARIO PROVINCIAL POLICE Office situated on the West Side of Erieus Street
in the Village of Port Burwell, and
WHEREAS, the Council of the Village of Port Burwell, concurs with the terms out—
lined in the attached agreement commencing on the First day -of November 1978, at
a rental of $1,400.00 per annum, payable in advance in equal instalments of $120.00
per month, for a period of three years hence. The Renewal is subject to all
the covenants and agreements contained in the lease between the parties dated the
13th day of September, 1966.
THEREFORE BE IT RESOLVED that the Corporation of the Village of Port Burwell, herewith
enters into this agreement.
BY—LAW READ A FIRST, SECOND AND THIRD TIME FORTHWITH,
BY—LAW PASSED, ENGROSSED BY THE CLERK, SIGNED AND SEALED BY THE REEVE.
dated at Port Burwell in the County of Elgin
this 25th day of September 1978.
16
6
THE MUNICIPALITY OF VILLAGE OF PORT BURWELL
Meeting . September. 25, ig78
MovedBy — - — — ------ ------------- ------------------
That leave be granted to introduce By-law # 318
SecondedBy -- ------- A-z ..................................
to authorize the signing of a RENTAL LEASE AGREEMENT with the Ministry of Government
Services (Legal Branch) re the ONTARIO PROVINCIAL POLICE OFFICE situated on the West
Side of Erieus Street in the Village of Port Burwell*
and that By-law presented herewith be read a first time.
By-law read a ..... .. /Lid—L .. __HMO
Moved By - ------------------
Seconded By
By-law read a ...... .
That By-law now read a first time 13e read a
second time forthwith.
Moved By �----•------.—
That By-law now read a second time be read
a third time forthwith.
Seconded By ........
By-law read a
Moved By _'�x
-- - ----------- - . . ..........
Seconded By
V#
That By-law now read a third time do pass,
be engrossed by the Clerk, and qigned and
sealed by the Reeve.