HomeMy WebLinkAboutPort Burwell By-Laws 1979 Port Burwell
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By-Laws
# 300- 329
1977 1979
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THE MUNICIPALITY OF VILLAGE OF PORT BURWELL
Meeting January 8, ,19 79
41) Moved By `��� _ •
That leave be granted to introduce By-law #319
Seconded By . -44--a� ._. ..
being a By-law to permit Joyce Aileen Ward to maintain and use an encroachment
upon the road allowance for Homer Street.
and that Bylaw presented herewith be read a first time.
By-law read a ..........1{.d time
Moved By
That By-law now read a first time be read a
second time forthwith.
Seconded By issi
w read a -2. time
7
Moved By L. s_a-ti- That By-law now read a second time be read
a third time forthwith.
Seconded By _
By-law read a ---.344-time
Moved By .. a.: -_._.--.-..
That By-law now read a third time do pass,
.' "/"
j be engrossed by the Clerk, and signed and
Seconded By _._�!_�_..:�r._• _. sealed by the Reeve.
t
ENCROACHMENT AGREEMENT
By-law Number
A by-law to permit JOYCE AILEEN WARD
to maintain and use an encroachment
upon the road allowance for HOMER STREET.
i
WHEREAS JOYCE AILEEN WARD represents that she is the registered
owner of certain lands and premises in the Village of Port Burwell, in
the County of Elgtn, which abut on the South side of Homer Street,
in the said Village of Port Burwell, and which are more particularly
described in Schedule "A" -nnexed hereto;
AND WHEREAS it has been ascertained that there is constructed
a frame building as shown on the surveyor's sketch attached hereto,
partially on the said lands and premises as well as upon the road
allowance for Homer Street;
AND WHEREAS that part of the said frame building partially
constructed upon the road allowance for Homer Street is shown on a
plan prepared by Brian Vaughan, Ontario Land Surveyor, dated 1976,
December 28, , attached hereto, and is hereinafter referred to as
thewencroachment";
AND WHEREAS Joyce Aileen Ward has petitioned the Council of
The Corporation of the Village of Port Rurwell, ;diet she be allowed
to maintain and use the said encroachment;
NOW THEREFORE BE IT ENACTED by the Municipal Council of The
Corporation of the Village of Port Burwell as a by-law thereof as
follows:
1. JOYCE AILEEN WARD, her heirs, executors, administrators,
successors and assigns, are hereby d lowed to use and maintain the
said encroachment as shown on the said plan prepared by G. Brian
illVaughan, Ontario Land Surveyor, dated Dedember 28, 1978,
for so long as the said frame building shall remain in its present
location.
2. Upon demolition of:the said frame building, all parts of the
encroachment upon the road allowance for Homer Street shall be removed
1
BY-LAW NO.
A by-law to permit JOYCE AILEEN
• WARD to maintain and use an encr-
oachment upon the South side
of Homer Street, Village of Port •
Burwell.
4010 •
ENCROACHMENT AGREEMENT
JOHNSTON, DOYLF s PREIDERGAST,
Barristers and Solicitors,
10 Sydenham Street East,
Aylmer, Ontario.
MP:cm (495-78)
• 41111
SCHEDULE " A "
ALL AND SINGULAR t^.t certain parcel or tract of lands and premises
situate, lying and being in the Village of Port Burwell, in the
Township of Dayham, in the County of Elgin, and Province of Ontario,
containing by admeasurement one-fifth (1/5) of an Acre more or less,
and being composed of Village Lot Number Forty-r'even (47) , on the
West side of Chatham Street in the said Village of Port Burwell, and
which is situated in that block of Lots which is bound on the East
by Chatham Street, on the South by Cowper street and on the North
ty Homer Street, according to a map or Plan made by Thomas W. Dobbie,
rsq., P.L.S. , registered in the Registry Office for the Registry Div-
ision of Elvin (No. 11) , and which said Lot forms Part of Lot Ten
(10) , in the First Concession of the Township of Bayham.
•
. , Page 2
-
by the Owner at the expense of the Owner.
3. In the event of failure by the Owner to ove the encroach-
ment as girquired by Clause 2 hereof, the seen may be removed by the
0
forces of the Village of Port Burwell an! the cost of said removal
shall be a first lien upon the Owner's lands abutting on Homer Street
illand may be recovered in a like manner as taxes.
4. The Owner shall pay, to the Village Treasurer annually, so
long as the said encroachment is used and maintained upon the road
allowance for Homer Street, the sum of $1.00 as an annual charge
or fel, for such privilege and such fee or charge shall form a charge
upon the lands of the Owner, abutting Homer Street, his heirs, executors,
administrators, successors and assigns, and upon default of payment
after reasonable notice may be recovered as a lien upon the said
lands in a like manner as taxes.
This by-law shall come into force and take effect on the
day of the final passing thereof.
PASSED in open Council, this day of , 197/,
oz...izt_tt„ty4L�,
CLERK.
First reading-
Second reading-
Third reading- ,
I
PLAN SHOWING RESIDENCE
• ON
- — LOT 47
WEST 910E OF CHATHAM STREET
0 REGISTERED PLAN 40
VILLAGE OF PORT BURWELL
HOMER STREET COUNTY OF ELGIN
rale.1•11. _./. . a.8'
—ENC.
.1 3 166.65' N 89• S.S. E
sle.11714. t I'AAA( i SCALE I = 20.
L
SLOG. •
10.5' IL 111. f
GK.1.01—I ' , 3
I.1.1
assumes Cr
3 ;
101' a • '�
• L O T 47 -i ` ti — . N W E
• b b
w w s
Q
NOTE:
I166.69' N WW 0E ENC. DENOTES ENCROACHMENT.
I Q THIS IS TO CERTIFY THAT THERE ARE NO BUILDING
ENCROACHMENTS ON THE ABOVE MENTIONED PA
I EXCEPT THOSE AS NOTED.
I L 0 T 46 U
I 2 -Za)49
• 1 ' ST THOMAS, ONT., BRIAN VAUGHAN
J DEC 28'r378 ONTARIO LANG SURVEYOR
i ! NOTE _
TH'AS PLAN IS NOT
FOR REGISTRY
OFFICE PURPOSES BRIAN VAUGHAN
r ( oRIOINAL ONTARIO LAND SURVEYORS
DEC 28, 1978 0.12.s. ST THOMAS, ONT., PO. BOX 6
78•Su D 4I PH. 631-5057
• Form 100 Oot.-72 ..
•
BY-LAW No. 320
113p.lath to authorize the borrowing of $
Whereas the Council of the Corporation of the Vil lege of Pork Burwell
(hereinafter called the "Municipality") deems it necessary to borrow the sum
of p.00,000.00 to meet, until the taxes are collected, the current
expenditures of the Municipality for the year;
No,a.—Refer And Whereas the total amount of the estimated revenues of the
to the estimates
for the Current Municipality as set forth in the estimates adopted for the year 1979 , is
yyear .eaptea: P Y P
+f not.to thou
of last year.
$ 2001000.00
(Delete thin And Whereas the total of amounts heretofore borrowed for the purposes
paragraph if not
applicable.) mentioned in subsection (1) of Section 332 of The Municipal Act which have
not been repaid is $
Therefore the Council of the Village of Port 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 $100,000.00
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 12th day of 2•iarch 19 79
.l..�:...xA a t
THE HEA F THE MUNICIPALITY
{ SEAL }
CLERK
I hereby certify that the foregoing is a true copy of By-law
No. 320 of the Village l age of Port Burwell
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 3rd day of April 1979
As Witness the Seal of 2 �...
the of /
�q v
?��.�u� -,u,1� .
SEAL ju
J) CLERK
1q—b2
•
Pa IN Oe.-72
•
BY-LAW No. 320.. _ _.
agplab3 to authorize the borrowing of $
Whereas the Council of the Corporation of the Village of Port Burwell
(hereinafter called the "Municipality") deems it necessary to borrow the sum
of $100,000.00 to meet, until the taxes are collected, the current
expenditures of the Municipality for the year;
Nora.—Refer And Whereas the total amount of the estimated revenues of the
to the estimates
for the current Municipality as 'set forth in the estimates adopted for the year 19 79 , is
Year if adopted;
if not.to those
of last year.
$ 200,000.00
(Dow uhf, And'Whereas the total of amounts heretofore borrowed for the purposes
ppraara ph) not
applicablele.) mentioned in subsectipn (1) of Section 332 of The Municipal Act which have
not been repaid is $
Therefore the Council of the Village of Port 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 $ 100,000.00
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. Ali 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 12th day of March 19 79
THE HEAD p HB MUNICIPALITY
CLERK
I hereby certify that the foregoing is a true copy of By-law
No. 320 of the Vi lege of Port Burwell
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 3rd day of April 1979
As Witness the Seal of - - { C x 7
the 7t,�L of 707.-24
{ SEAL }
CLERK
THE MUNICIPALITY OF VILLAGE OF PORT BURWELL
Meeting March 123 ,1979....
Moved By
That leave be granted to introduce By-law #320
Seconded By
WHEREAS the Council of the Village of Port Burwell deems it necessary to borrow
up to the sum of /(, e90,9- to meet current Breakwater Extension Expenses until total
Federal and Provincial Grant Monies are received.
and that Bylaw presented herewith be read a first time.
By-law read a 1 time
Moved By L . �C
B1411.
�A That By-law now read a first time be read a
second time forthwith.
Seconded By -
w read a ..........
Moved By . -.•
That By-law now read a second time be read
a third time forthwith.
Seconded By .�------
By-law read a tlm•
"
Moved B . .. . •. '`-G�-�
Y That By-law now read a third time do pass,
be engrossed by the Clerk, and signed and
ael-'1"--'(gcl"
Seconded By sealed by His Reeve.
p \
19-0.S
SCHEDULE "D"
BY-LAW NO. 3 v
To provide regulations governing the collection
and removal of garbage, ashes and other refuse
THE COUNCIL OF THE CORPORATION OF THE VILLAGE OF PORT BURWELL
ENACTS AS FOLLOWS:
1. DEFINITIONS
In this By-law, except in Section 2 hereof,
1.1 "Ashes" means the residue of any household fuel
after such fuel has been consumed by fire;
1.2 "Collector" means any person or persons having a
contract with the Corporation for the collection,
removal and disposal of garbage;
1.3 "Garbage" means the following types of abandoned
or discarded waste generated, produced or created
by a householder, church or charitable institution:
All animal and vegetable waste material from
the preparation of food, cans, sweepings,
paper, cardboard, wearing apparel, ashes,
bottles, glass, discarded household utensils,
lawn and hedge cuttings, leaves, twigs,
shrubs, brush and tree limbs not exceeding 4
feet in length or 10 inches in diameter;
provided that there shall be excluded from this
definition of garbage any Hazardous Substance or
Prohibited Waste.
1.4 "Hazardous Substance" means a substance which,
because of its physical or chemical nature or
because of the form in which it exists, may
explode or become ignited easily and cause intense
flames or which constitutes a health hazard to the
collector's servants, agents or employees by
reason of their handling the same;
1.5 "Householder" means the occupant of residential
premises, whether the owner, lessee, tenant or
otherwise, within the territorial jurisdiction of
the Corporation;
1.6 "Garbage Receptacle" means a metal or rigid plastic
container with a capacity of not more than 2 cubic
feet, with a secure lid and with handles and so
designed that, when weighing 75 pounds, it may be
quickly and conveniently lifted and carried by one
man;
1.7 "Prohibited Waste" means the following:
(a) explosive or highly combustible material of
111111
any kind,
(b) car bodies,
(c) sheet iron and scrap metal,
(d) tree stumps and trees having a diameter
greater than 10 inches and a length greater
than 4 feet,
- D.2
(e) any corrosive or toxic material,
(f) any carcasses of animals,
(g) liquid waste, and
(h) waste of any nature and kind as is now or may
hereinafter at any time be prohibited for
11110 disposal at the Collector' s waste disposal
site by reason of any statute or regulation
of the Province of Ontario now or hereafter
enacted, promulgated or amended.
2. GENERAL
2. 1 No person shall throw, place or deposit in any
nark or on any highway within the territorial
limits of the Corporation, any dirt, filth, glass,
handbills, paper or other refuse or debris or
carcass of any animal.
2.2 No person shall suffer or permit the accumulation
upon any premises owned, leased, occupied by him
or under his control of any garbage, litter, waste
material, animal or vegetable matter or any other
matter or thing which may endanger public health.
3. DISPOSAL OF GARBAGE
3.1 Every householder shall provide and maintain in
good repair sufficient garbage receptacles or
plastic garbage bags into which shall be placed
all garbage and waste material produced in or
emanating from his premises.
3.2 No Person shall deposit or place any hazardous
substance or prohibited waste in any garbage
receptacle or plastic garbage bag which is to be
placed for collection and removal by the collector.
3.3 No person shall deposit or place more than 2 cubic
feet or more than 75 pounds of garbage in any one
garbage receptacle or plastic garbage bag which is
placed for collection and removal by the collector.
3.4 No householder shall place for collection and
removal by the collector any garbage unless such
garbage:
3.4.1 Is contained in a garbage receptacle
with its lid securely in place,
3.4.2 Is contained in a securely tied plastic
garbage bag,
3.4.3 Is in a securely tied bundle not exceeding
4 feet in length, 12 cubic feet in
volume or 75 pounds in weight or
3.4.4 Is dumped into a bulk garbage container
provided in accordance with Section 5.1.
3.5 No householder shall place for collection and
removal by the collector more than 12 cubic feet
of garbage in any one week.
3.6 No person shall pick over, interfere with, disturb,
remove or scatter any garbage placed for collection
and removal by the collector, whether contained in
a garbage receptacle or otherwise.
- D.3 -
4. SINGLE FAMILY OR DUPLEX
4.1 Every householder, occupying a single family
dwelling or occupying a dwelling unit in a duplex,
shall, on the day in each week fixed for the
collection of his garbage, and not before dusk on
the preceding day, place or cause to be placed his
garbage adjacent to the travelled portion of the
street upon which his premises fronts for collection
and removal by the collector.
4.2 Where garbage, placed for collection and removal
by a householder in accordance with Section 4.1,
is contained in a garbage receptacle, such garbage
receptacle shall be returned expediently by the
householder to the place where the same is normally
kept after the collector has emptied such garbage
. receptacle.
5. MULTIPLE DWELLINGS
5.1 Except as provided in Section 5.4, the owner or
owners of any apartment house or building, row
housing, town-housing or other multiple dwelling,
shall provide and maintain in good repair sufficient
bulk garbage containers to accommodate 6 cubic
feet of garbage for each dwelling unit.
5.2 The bulk garbage containers referred to in Section
5.1 shall be designed and constructed so as to be
compatible with the collector's equipment in order
that such bulk garbage containers might be mechanically
lifted and emptied and automatically dumped.
5.3 Except as provided in Section 5.5, every householder
occupying a dwelling unit in an apartment house or
building, row housing, town-housing or other
multiple dwelling shall, on or before the day in
each week fixed for collection of his garbage,
place or cause to be placed his garbage in the
bulk garbage container provided in accordance with
Section 5.1; provided that if such householder's
garbage is contained in a garbage receptacle, such
garbage shall be dumped by the householder out of
such garbage receptacle into the bulk garbage
container and the garbage receptacle shall be
returned expediently by the householder to the
place where the same is normally kept.
5.4 Notwithstanding the provisions of Section 5.1, the
owner or owners of any apartment house or building,
row housing, town-housing or other multiple dwelling,
containing more than 2 dwelling units and less
than 12 dwelling units, instead of providing a
bulk garbage container in accordance with Section
5.1, may provide a common garbage storage hut or
shed of sufficient size to accommodate 6 garbage
receptacles for each dwelling unit and of such
construction as to prevent the entrance of rodents
or other animals.
THIS INDENTURE made as of the 1st day of January, 1979.
BETWFE N:
THE CORPORATION OF THE VILLAGE OF PORT BURWELL
(hereinafter called the "Corporation") ,
OF THE FIRST PART
- and -
ST. THOMAS SANITARY COLLECTION SERVICE LIMITED
(hereinafter called the "Contractor"),
OF THE SECOND PART.
WHEREAS the Corporation has called for tenders and has
accepted the Contractor's tenders with respect to garbage
collection and disposal, with respect to the operation of a
transfer station type of waste disposal site and with respect
to the disposal of waste from the transfer station;
NOW THEREFORE THIS INDENTURE WITNESSETH that in con-
sideration of the mutual covenants and promises herein
contained, the parties hereto covenent and agree each with
the other as follows:
1. In this Contract,
(a) "Agreement" shall have the same meaning as defined
in the ldaste Disposal Contract which is attached
hereto as Schedule "A";
(b) "Annual Contract Price" for a particular year of
the Term shall be the amount which is the aggregate
of the following:
(i) the amount of the Annual Per Ton Charge for
that year pursuant to the Waste Disposal
Contract,
(ii) the amount of the Annual Garbage Collection,
Removal and Disposal Charge for that year,
and
(iii)the amount of the Annual Transfer Station
Charge for that year;
(c) "Annual Garbage Collection, Removal and Disposal
Charge" for a particular year of the Term shall be
the amount, determined in accordance with paragraph
2, which the Corporation shall pay to the Contractor
in respect of the Contractor's execution and
performance in that year of that part of the work
set out in the Garbage Collection, Removal and
Disposal Specifications;
('1) "Annual "ransfer Station Charge" for a particular
year of the Term shall be the amount, determined
in accordance with paragraph 3, which the Corporation
shall pay to the Contractor in respect of the
Contractor's execution and performance in that
year of that part of the work set out in the
Transfer Station Specifications;
(e) "By-law" shall mean By-law No. enacted by
the Council of the Corporation a certified true
copy of which is attached hereto as Schedule "D";
- 2 -
(f) "Clerk" shall mean the Clerk of the Corporation or
his duly authorized representative;
(R) "Consumer Price Index" and "C.P.I." shall mean the
all items Consumer Price Index (1971 - 100) as
published by Statistics Canada under the authority
of the Statisics Act;
(h) "Garbage" shall have the same meaning as defined
in the By-law;
(i) "Garbage Collection, Removal and Disposal Specifications"
shall mean the Garbage Collection, Removal and
Disposal Specifications attached hereto as Schedule
(j) "Garbage Receptacle" shall have the same meaning
' as defined in the By-law;
(k) "Householder" shall have the name meaning as
defined in the Ry-law;
(1) "Local Municipalities" shall have the same meaning
as defined in the Waste Disposal Contract (and not
the meaning as defined in the Agreement) ;
(m) "Municipal Waste" shall have the same meaning as
defined in the Agreement;
(n) "Population" of a municipal corporation for a
particular year shall mean the population within
the territorial limits of such municipal corporation
in that year as established by the records of the
local Regional Assessment Office of the Ministry
of Treasury, Rconomica and Intergovernmental
Affairs;
(o) "Site" shall have the same meaning as defined in
the Agreement;
(p) "Term" shall mean the period between January 1,
1979 and December 31, 1983, both dates inclusive;
(q) "Transfer Station" shall mean the transfer station
type of waste disposal site to he established and
maintained by the Contractor in accordance with
the Transfer Station Specifications on part of Lot
16, Concession 5 in the Township of Bayham in the
County of. Elgin;
(r) "Transfer Station Specifications" shall mean
Transfer Station Specifications attached hereto as
Schedule "C";
(s) "work" shall mean all of that work to be performed
by the Contractor pursuant to the Waste Disposal
Contract, the Garbage Collection, Removal and
Disposal Sneci`ications and the Transfer Station
Specifications.
2. During the first year of the Term, the Annual Garbage
Collection, Removal and Disposal Charge for that first
year shall be 56,940,50, being at the rate of $10.50
per capita per annum; and in the second and subsequent
years of the Term, the Annual Garbage Collection,
Removal and Disposal Charge for each such year shall be
adjusted, either increased or decreased, by reference
to the Consumer r'rice Index and the population of the
Corporation in accordance with the following formula:
- 3 -
$6,940.50 x (Previous Nov. C.P.Y. v Previous Year's Po. . .
T'+ov. 1978 C.P.I. ) ' S 'op n
3. During the first year of the Term, the Corporation and
the other Local 'tunicipalities shall nay to the Contractor,
for that first year in the aggregate, the sum of $14,000.00;
and in the second and subsequent years of the Term the
$14,,Dn').nO amount shall he adjusted for each such year,
either increased or decreased, by reference to the
Consumer Price Index in accordance with the following
formula:
$14,000.00 x (Previous "ovembers C.P.I.)
:'ovember 1978 t .I. )
and the amount to he paid to tae Contractor for each
year of the Term by the Corporation and the other local
Municipalities, as aforesaid, shall be annortioned
between each of the Local Municipalities on the basis
of and in the same Proportion as their respective
Populations for the immediately Preceding vear; and the
amount thereof so annertioned to the Corporation in any
year shall be the Annual Transfer Station Charge to be
paid by the Corporation in that year to the Contractor.
4. The Contractor does hereby covenant and agree with the
Corporation as follows:
(a) To execute and perform expeditiously during the
Term the whole of the work in accordance herewith;
(b) To indemnify and keep indemnified and save harmless
the Corporation and each of its officers, servants
an ! agents from and against all actions, suits,
claims, executions and demands which may be brought
against or male upon the Corporation, its officers,
servants and agents and from all losses, costs,
charges, damac-es, liens and expenses which may be
paid, sustained or incurred by the Cornoration,
its officers, servants and agents by reason of or
on account of, or in consequence of the execution
and performance of the work or of the non-execution
or imperfect execution thereof or of the supply or
non-supply of nlant or material therefor;
(c) To pay to the Corporation, on demand, all losses
and costs, damages, or expenses which may be paid,
sustained or incurred by the Corporation or any of
its officers, servants or agents in consequence of
any such action, suit, claim, lien, execution or
demand, as aforesaid, and any moneys paid or
payable by the Corporation or any of its officers,
servants or agents in settlement of or in discharge
of, or on account of, anything in respect of which
the Corporation is entitled to indemnity as aforesaid;
and in default of such payment, all such losses
and costs, damages and expenses, and any moneys so
paid or payable by the Corporation, its officers,
servants or agents, and also any money payable by
the Contractor under the terms and conditions of
this Contract may be deducted from any moneys of
the Contractor then remaining in the possession of
the Corporation on account of this or any other
contract, or may be recovered from the Contractor.
A
- 4
5. The Corporation covenants with the Contractor that, if
the work shall be duly and properly executed as aforesaid,
and if the Contractor shall carry out, perform, observe,
fulfil, keep and abide by all of the covenants, agreements,
stipulations, provisos, terms and conditions herein of
the Contractor, the Corporation will pay to the Contractor,
therefor, the Annual Contract Price for each year of
the Term by regular installments to be paid each month
during the Term as follows:
(a) as to that component of the Annual Contract Price
which is the Annual Per Ton Charge, the amount
thereof shall be Paid in accordance with the
provisions in that behalf contained in the Waste
Disposal Contract and the Agreement, and
(b) as to the balance of the Annual Contract Price
(hereinafter in this paragraph referred to as the
"Balance") , it shall be paid in equal monthly
installments on the 15th day of each month on
account of the Balance for the year within which
such month falls;
provided, however, that if before the 15th day of
January in any year of the Term, the Balance for such
year has not been determined, monthly payments pursuant
to clause (h) above shall continue to be made on account
of the Balance for such year until such determination
has been made in an amount equal to one-twelfth of the
Balance for the previous year and, when such determination
has been made for such year, all prover adjustments
shall be made in the accounts between the Corporation
and the Contactor for such year; and the Balance for
such year, lees all payments on account of the Balance
made pursuant to clause (b) above during such year
until the time of such determination, shall be paid in
equal monthly installments over the remainder of such
year, all as further described and set out in Schedule
,IFuI.
6. Each of such monthly nayments, less any monies which
the Corporation may be entitled to retain at the time
such payments are due, shall be Paid on or before the
15th day of the month to which it relates; and, in
default thereof, the Corporation shall pay interest at
the rate of 1'' Per month or part thereof on overdue
payments, if demanded.
7. Before making any payment to the Contractor, the Corp-
oration may require the Contractor to satisfy the
Corporation that all valid claims against the Contractor
for labour, materials or things hired or supplied upon
or for the work have been paid or satisfied, or, if any
such valid claims are found to exist, may nay such
valid claim and the Contractor shall within two days
reimburse the Corporation therefor or the Corporation
may, at its option, withhold From the payment due,
sufficient amounts to satisfy the same.
8. The Corporation shall not he liable or compelled to pay
for any additional work not provided for herein.
9. The payment of any money hereunder shall not be construed
as an acceptance of any bad or defective work to which
the same relates, nor as an admission of liability to
pay any money in respect thereof, and such payment
shall not in any manner lessen the liability of the
Contractor to do such work properly, although the
default may not have been known to or discovered by the
Clerk at the time the moneys were so paid.
- S -
I
10. The Contractor shall at all times pay or cause to be
paid, any assessment or compensation required to be
paid pursuant to The Workmen's Compensation Act, and
upon failure so to do, the Corporation may pay such
assessment or compensation to the *dorkmen's Compensation
Board and may thereafter deduct such sums from monies
due to the Contractor. The Contractor shall at any
time during the Term, at the request of the Corporation,
make a statutory declaration that all assessments have
been paid and the Corporation may upon the completion
of this Contract, require a further declaration that
such assessments or compensation have been paid.
11. Prior to the commencement of the work or as soon thereafter
as possible, the Contractor shall produce evidence
satisfactory to the Corporation that the Contractor has
obtained and the Contractor shall throughout the Term
maintain insurance from an insurance company authorized
to carry on business in Canada, to cover the Contractor's
liability for bodily injury and property damage that
may arise with respect to the work being performed
under this Contract. Such insurance shall:
(i) be in the joint names of the Corporation and the
Contractor,
(ii) shall insure the Corporation as well as the Contractor
against all claims and demands resulting from or
connected with the execution of the Contract by
the Contractor, and
(iii)shall have an inclusive limit at least equal to
500,000,00.
12. The Contractor shall, at its expense, insure and maintain
insurance against liability, bodily injury and property
damage caused by vehicles owned by the contractor and
used in the work, The Contractor shall also, at its
exnense, insure and maintain insurance against liability
for bodily injury and oroaerty damage caused by vehicles
not owned by the Contractor and used in the work. Such
insurance shall have an inclusive limit of at least
5500,000,00, A vehicle shall be as defined in The
%iphway Traffic Act.
13. If the Contractor shall neglect or refuse to do any of
the work or if it shall become bankrupt or insolvent,
or compound with its creditors, or commit any act of
bankruntcv or shall transfer, assign or sub-let or
attempt to transfer, assign or sub-let this Contract,
or any mart thereof, without the consent of the Clerk
or if at any time the work or any part thereof is not
executed or is not being executed in a sound and workmanlike
manner in accordance with the reasonable requirements
of the Clerk and in all respects in strict conformity
with this Contract, or if the Contractor shall refuse
or neglect to alter any defective or unsatisfactory
work, or to comply with any reasonable order it may
receive from the Clerk, or if the Contractor shall
persist in the breach of any of the provisions of this
Contract, then, and in each and any such case, after 24
hours' written notice from the Clerk to the Contractor,
the Clerk shall have the full right and power, at his
discretion, without process or action at law, to take
the whole work, or any part or parts thereof specified
in the said notice, out of the hands of the Contractor
and the Contractor, upon receiving notice to that
effect shall give up the said work, or the part or
•
- 6
parts thereof specified in the said notice, peaceably
to the Clerk, who may either re-lit the same to any
other person or persons with or without its being
previously advertised, or may employ workmen and
provide materials, tools, transportation and all other
necessary things at the expense of the Contractor, or
may take such other steps as he, the Clerk, may consider
necessary or advisable in order to secure the completion
of the work to his satisfaction; and the Contractor in
every case shall be liable for all damages, expenditures
and extra expenditures and for all additional cost of
the work which may be incurred by reason thereof, and
the same may be deducted from any moneys owing to the
Contractor or may be collected from the Contractor by
the Corporation. The fulfillment by the Contractor of
any provision in this Contract may be enforced by legal
proceedings and judgment, or order of Court, without
prejudice to any other remedy herein contained.
14. When the work, or any part thereof, is taken out of the
hands of the Contractor, as herein nrovided, it shall
in no wap affect the relative obligations of the
Corporation and the Contractor, in respect of their
respective obligations, or in respect of the remainder
of the work, if any; and if there be outstanding to the
Contractor any balance with respect to the unexpired
Hart of the Term, or any other money payable by the
Corporation hereunder, shall remain in the hands of the
Corporation until the expiration of the Tenn, when the
same shall be payable to the Contractor or to the
person legally representing him; but neither the Corporation
nor any officer thereof shall be liable or accountable
to the Contractor in any way for the manner in which,
or for the nrice at which the said work, or any portion
thereon`, may have been or may be done or completed by
the Clerk. Payment for any portion of the work called
for by this Contract, shall not he deemed to be a
waiver by the Clerk of the right to abrogate this
Contract for abandonment, delay or any other reason
consistent with the Contract.
15. The Contractor, its events and all workmen and persons
employed by or under its control shall use due care
that no person is injured and that no nroperty is
damaged in the prosecution of the work.
16. The Contractor shall Fully indemnify the Corporation,
its officer, servants and employees from any and all
liability or expense by way of legal costs or otherwise
in respect to any claim or liability under The mechanics'
Lien Act or for any attachment for debt, garnishee
process or otherwise. The Corporation shall not in any
case be liable to any greater extent than the amount
owing by it to the Contractor.
17. The Contractor shall keep the work under its control
and shall not assign, transfer or sub-let any portion
without first obtaining the written consent of the
Clerk. The consent of the Clerk to any such assignment,
transfer or sub-letting shall not, however, relieve the
Contractor of its responsibility for the proper com-
mencement, execution and completion of the work according
to this Contract; and the Contractor shall either
directly or through an accredited agent, receive all
notices, communications, orders, instructions or legal
service, as if it were performing the work with its own
plant and its awn men.
• - 7 -
18. All monies payable to the Corporation by the Contractor
under any provisions in this Contract, or to the Workmen's
Compensation Board, as provided herein, may be retained
out of any monies then due or which may become due,
from the Corporation to the Contractor under this or
any other contract with the Corporation or otherwise
howsoever, or may be recovered from the Contractor in
any Court of competent jurisdiction, as a debt due to
the Corporation.
19. Any notice or communication to the Contractor shall be
deemed to be well and sufficiently given or served if
handed to any officer of the Contractor or if mailed to
the Contractor by prepaid registered Post addressed to
it at Post office Sox 589, St. Thomas, Ontario N5P 4B1,
or such other address as the Contractor may designate
by written notice, and if Tailed, notice shall he
deemed to have been given and service will be deemed to
have been effected on the second business day after
mailing.
20. In any notice to the Contractor with respect to the
work required to be done under any of the provisions of
this Contract, or of any other matter, it shall not be
obligatory upon the Clerk to specify minutely or in
detail everything required, nor to specify the precise
place or nieces where the work may be defective or
faulty, nor to specify in what respect any of the
requirements of this Contract have not been observed,
but a reference in such notice to the clause or clauses
bearing upon the matter, a description of the locality
in general terms, and a sufficiently clear indication
as to where the defect or trouble exists, shall be
deemed to he, and shall he smrle notice.
21. This Contract and the covenants and conditions herein
contained and in the Schedules hereto shall extend to
and he binding upon the parties hereto and their respective
successors and assigns.
IN WITNESS WHEREOF the Corporation has hereunto affixed
its Corporate Seal and the Contractor has hereunto affixed
its Corporate seal attested to by the hands of their respective
officers duly authorized in that behalf.
SIGNED, SEALED ANP DELIVERED )
)
in the presence of: ) THF CORPORATION OF THE VILLAGE
) OF PORT BURWELL
Execution and delivery of this) ?
Contract by the Corroretion ) Per: 074,Z7:-. /(1/
!/(!/
is authorized by its Sy-law ) Ree e
No. .32 2 enacted the day)
of : , 9 )
/cyrff ) per:
) Clark
)
)
ST. THOMAS SANITARY COLLECTION
) SERVICE LP1ITED
) Per:��
1
SCHEDULE "A"
THIS WASTE DISPOSAL CONTRACT made as of this 1st day of
January, 1979.
BETWEE N:
THE CORPORATION OP THE VILLAGE OF
VIENNA, THE CORPORATION OF THE VILLAGE
OF PORT BURWELL and THE CORPORATION
OF THE TOWNSHIP OF BAYHAM (hereinafter
referred to as the "Local Municipalities") ,
OF THE FIRST PART,
_ - and -
ST. THOMAS SANITARY COLLECTION SERVICE
LIMITED, (hereinafter referred to as
the "Owner") ,
OF THE SECOND PART.
WHEREAS the Owner owns and operates a landfilling type
of waste disposal site on part of Lots 21, 22 and 23,
Concession 3, in the Township of Southwold in the County of
Elgin;
AND WHEREAS the Owner has given to certain local
municipalities in the County of Elgin, of which the Local
Municipalities are three, the right to use the said waste
disposal site in accordance with the terms and conditions of
a certain Agreement (hereinafter referred to as the "Agreement"),
dated the 15th day of July, 1976, made between the Owner and
The Corporation of the County of Elgin for and on behalf of
and for the benefit of those local municipalities in the
County of Elgin more particularly set out in the Agreement,
and registered in the Registry Office for the County of
Elgin (No. 11) on the 16th day of November, 1976 as Instrument
Number 197364;
AND WHEREAS the Local Municipalities desire the use of
the said waste disposal site on such terms and conditions
and have executed and delivered this Contract pursuant to
the Agreement;
NOW THEREFORE THIS CONTRACT WITNESSETH that the Local
Municipalities covenant and agree with the Owner as follows:
1. In this Contract all words and phrases defined in the
Agreement shall have the same meaning and intent as
therein set out as if incorporated into and repeated in
this Contract;
2. Pursuant to the Agreement the Local Municipalities
hereby jointly and severally agree to dispose of all
their Municipal Waste at the Site for a term of 60
months, commencing on the 1st day of January, 1979, and
ending, on the last day of December, 1983;
3. During the said term the Local Municipalities shall
pay, as if they were one municipality, an Annual Per
Ton Charge in accordance with the provisions in that
behalf contained in the Agreement and in default thereof,
the Local Municipalities shall pay interest at the rate
of 1% per month or part thereof on overdue accounts, if
demanded;
- A.2 -
4. Inasmuch as the Municipal Waste to be disposed of
pursuant to this Contract will be transported to the
Site in the same vehicles so as to render it impossible
to ascertain the amount of Municipal Waste from each of
the Local Municipalities, the Local Municipalities
agree among themselves that the Annual Per Ton Charge
to the Local Municipalities shall be apportioned
between each of the Local Municipalities on the basis
of and in the same porportion as their respective
populations for the immediately preceding calendar year
as established by the last revised assessment rolls of
each such Local Municipality according to the records
of the local Regional Assessment Office of the Ministry
of Treasury. Economics and Intergovernmental Affairs;
S. Throughout the term of this Contract the Local Municipalities
jointly and severally agree to be bound by all of the
terms and conditions set out in the Agreement;
6. Any notice or communication required or permitted
pursuant to the Agreement or this Contract to any one
of the Local Municipalities shall be deemed to be well
and sufficiently given or served if handed to the Clerk
of the Local Municipality or if mailed to the Local
Municipality by prepaid registered post addressed to it
at:
Village of Vienna,
Box 160,
#19 Highway,
STRAFFORDVILLE, Ontario.
NOJ 1Y0
ATTENTION: Clerk
Village of Port Burwell,
Box 299,
PORT BURWELL, Ontario.
NOJ 1T0
ATTENTION: Clerk
Township of Bayham.
Box 160,
#19 Highway,
STRAFFORDVILLE, Ontario.
NOJ lY0
ATTENTION: Clerk
or such other address as the Local Municipality may
designate, by written notice, and, if mailed, notice
shall be deemed to have been given and service will be
deemed to have been effected on the fourth business day
after mailing.
7. Where a difference arises between the Owner and the
Local Municipalities relating to the interpretation,
application or administration of the Agreement or this
Contract, the parties to such difference agree that,
until the resolution of such difference by arbitration,
as hereinafter provided, they shall perform or observe
all terms and conditions of the Agreement and this
Contract which are not in dispute, and the parties to
such difference agree to submit such matter to arbitration
in the following manner:
- A.3 -
(a) Each party to such difference shall appoint one
arbitrator and both such arbitrators shall he
appointed within 15 days from the date of the
notice of such appointment being given by one
party to the other;
(b) The 2 arbitrators so appointed shall, within 15
days of the date of the appointment of the last
appointed arbitrator, agree upon and appoint a
third arbitrator;
(c) The 3 arbitrators shall, within 30 days of the
appointment of the third arbitrator, reach a
decision and notify each of the parties to such
difference thereof;
(d) The decision of the majority of the 3 arbitrators
shall be binding upon each of the parties to such
difference;
(e) In the event of one of the parties to the difference
failing to appoint an arbitrator within the time
limit in clause (a) above, the arbitrator appointed
by one of them shall reach a decision, notify each
of the parties to such dispute thereof and his
decision shall be binding upon each of the parties
to such difference; and
(f) In the event of the 2 arbitrators failing to agree
upon and appoint a third arbitrator, both arbitrators
shall be dismissed and the matter to be decided
shall forthwith be submitted to arbitration under
the provisions of The Arbitrations Act.
8. This Contract shall enure to the benefit of and shall
be binding upon the Owner and its successors in title
to the Site and shall enure to the benefit of and shall
be binding jointly and severally upon the Local Municipalities
and their respective successors.
IN WITNESS WHEREOF the Local Municipalities have hereunto
affixed their respective corporate seals over the hands of
their respective officers duly authorized in that behalf.
SIGNED, SEALED AND DELIVERED )
) THE CORPORATION OF THE TOWNSHIP 07
The execution and delivery ) BAYHAM
of this Contract has bee )
authorized by the 1 Per:
d,4/-44- By-law No. /77 .7" ) Reeve
passed the 29/ day of January) Per:
1979. )
er
)
The execution and delivery ) THE CORPORATION OF THE VILLAGE OF
of this Contract has been ) VIENNA
authorized by the ) Per; p�
BF-law No. 73 v ) �c
passed the i day of Ja ;" ) leave
1979. ) Per: 2 ✓ ,)
a-<aJ
Clerk
)
)
The execution and delivery ) THE CORPORATION OF THE VILLAGE OF
of this Contract has been ) PORT BURWELL
authorized by the
By-law 1b a�4 ) Per:
rgtsed
. the a-,•e( day or January, /ter tx OV
Per:1979
Per: .�
_�Clet'1t
DATED this lst day of January. 1979.
BETWEEN:
THE CORPORATION OF THE VILLAGE
OF VIENNA, THE CORPORATION OF THE
VILLAGE OF PORT BURWELL and THE
CORPORATION OF THE TOWNSHIP OF
BAYHAM
- and -
ST. THOMAS SANITARY COLLECTION
SERVICE LIMITED
WASTE DISPOSAL CONTRACT
WRIGHT, DAVIES
Barristers and Solicitors.
Suite 612,
383 Richmond Street.
LONDON, Ontario.
N6A 3C4
SCHEDULE "B"
GARBAGE COLLECTION REMOVAL AND DISPOSAL
SPECIFICATIONS
1. In this Specification, all words and phrases defined in
the Contract to which this Specification is a Schedule
shall herein have the same meaning as therein attributed
to them.
2. The Contractor shall during the Term collect remove and
dispose all Garbage generated, produced or created
within the territorial limits of the Corporation which
has been placed for collection and removal adjacent to
the travelled portion of the street in accordance with
the By-law and the Contractor shall supply sufficient
personnel and equipment for such purpose; provided that
the Contractor shall not be required to collect, remove
and dispose of more than 12 cubic feet of Garbage in
any one week period in respect of any one Householder,
charitable institution or church.
3. Trucks used by the Contractor for such collection,
removal and disposal shall be mounted on adequate
chassis and provided with fully enclosed steel bodies
with machinery capable of packing and unloading itself.
Open bodied vehicles may be used for collecting and
removing non-putrefactive material.
4. The Contractor shall be responsible for the maintenance,
repair and all operating costs of such equipment
provided, including the necessary licenses, insurance
and gasoline.
S. All Garbage collected, removed and disposed of in
accordance herewith shall be disposed of at the Site in
accordance with the provisions of The Environmental
Protection Act, 1971 and all Regulations thereunder; it
being understood and agreed that the Contractor shall
not deposit at the Transfer Station any of the Garbage
collected pursuant to this Specification and that
Garbage collected, removed and disposed of pursuant to
this Specification at the Site shall not be considered
to be Municipal Waste for the purposes of the Waste
Disposal Contract or the computation of the Annual Per
Ton Charge to be charged pursuant thereto.
6. Where Garbage to be collected pursuant hereto is
contained in a Garbage Receptacle, it shall be returned
to the place where it was found by the Contractor after
it has been emptied into a garbage truck.
7. All equipment supplied by the Contractor shall be
maintained in a clean condition and the Contractor
shall ensure that each of its employees has a clean and
neat appearance while employed in the fulfilment of the
Contract.
8. The Contractor shall ensure that all work performed
under this Contract shall be supervised and performed
in accordance with the reasonable requirements of the
Clerk.
9. The Contractor shall be required to submit to the Clerk
for approval, a complete programme for the proposed
1 collection of Garbage throughout the territorial limits
of the Corporation.
I
I
1
•
- B.2 -
10. Where a Statutory Holiday falls on a day when collection
would otherwise be made, such collection may be made on
the following day or at a time satisfactory to the
Clerk and all changes in the collection schedule shall
be approved by the Clerk and by the Contractor prior to
such changes coming into effect.
11. The Contractor shall be relieved of its obligations
hereunder to the extent that it is unable to perform by
reason of strikes, accidents, civil commotion, riots,
acts of war, acts of God, or any other event which is
beyond its control.
12. Nothing herein shall limit the Contractor's right to
enter into agreements with other parties either with
respect to the collection, removal and disposal of
waste generated, produced or created within the terri-
torial limits of the Corporation which is not the
subject of this Contract or with respect to the pro-
vision of additional services in connection with the
collection, removal and disposal of Garbage pursuant
hereto.
13. The Contractor shall be responsible for damage caused
by it to any Garbage Receptacle and also for Garbage
deposited on private or public property as a result of
its operations.
SCHEDULE "C"
TRANSFER STATION
SPECIFICATIONS
1. Ir. this Specification, all words and phrases defined in
the Contract to which this Specification is a Schedule
shall herein have the same meaning as therein attributed
to them.
2. The Contractor shall establish and maintain the Transfer
Station including stationary compactors with odour
suppression devices, together with compaction containers
and open containers sufficient to accommodate the waste
deposited therein.
3. The Contractor will operate and maintain the Transfer
Station in .accordance with the Environmental Protection
Act, 1971 and the Regulations thereunder.
4. The Contractor will supply the necessary equipment and
personnel to operate the compaction containers and
shall accept for disposal at the Transfer Station all
Municipal Waste brought to the Transfer Station by:
(a) The Corporation or its employees, and
(b) A Householder or ratepayer within the territorial
limits of the Corporation, provided that the
Municipal Waste was generated, produced or created
in or emanated from the premises of such Householder
or ratepayer.
S. The Contractor shall not be required to accept more
than 12 cubic feet of Municipal Waste at any one time
for disposal at the Transfer Station unless it has been
transported to the Transfer Station in a truck mounted
on an adequate chassis with a fully enclosed steel body
equipped with machinery capable of packing and unloading
itself, providing however that open bodied, self-
unloading vehicles may be used in connection with non-
putrefactive material.
6. The Contractor shall not be required to accept Municipal
Waste disposal at the Transfer Station brought there by
any person who fails to abide by the instructions of
the Contractor or its employees, whether posted up or
verbal, as to the manner in which such person shall
conduct himself or operate any vehicle over which he
has control while at the Transfer Station.
7. The Contractor shall remove full compaction containers
to the Site for disposal in accordance with The Environmental
Protection Act, 1971 and the Regulations thereunder for
which disposal the Contractor will be paid an Annual
Per Ton Charge in accordance to the Waste Disposal
Contract which Annual Per Capital Charge is in addition
to the Annual Transfer Station Charge all as provided
in the Contract to which these Specifications are a
Schedule.
8. The Contractor shall maintain, repair and pay all
operating costs of the equipment and obtain licenses,
insurance and fuel necessary for the operation of the
Transfer Station and for the transportation of Municipal
Waste therefrom to the Site.
1
- C.2 -
9. The Contractor shall pay all costs incidental to the
maintenance of the Transfer Station and shall keep the
same clean, neat and nuisance free and devoid of papers
and other refuse and ensure that all its employees have
a clean and neat appearance while employed in the
fulfilment of this Contract.
10. The Contractor shall receive Municipal Waste at the
Transfer Station pursua t to this Contract between the h,.e1.
hours of(t:00 a.m. and 3:00 p.m. on ero days each week
so long as such days are neither Sseue evfter Sunday or
a Statutory Holiday.
11. The Contractor shall erect and maintain suitable signs
clearly marking the location of the Transfer Station
and the hours when it will be open for the receipt of
Municipal Waste.
12. The Contractor shall ensure that all work performed
under this Contract will be supervised and performed in
accordance with the reasonable requirements of the
Clerk.
13. The Contractor shall assume the defence of, and fully
indemnify the Corporation against and from all suits or
actions arising from the claim of any person or Persons
who claim to be patentees of any process used in connection
with the work or of any material, plant, machinery,
tool or appliance used in or thereon or in any way
connected therewith.
14. Nothing herein shall limit the Contractor's right to
enter into agreements with other parties with respect
to the disposal and transfer of waste whether or not
generated, produced or created within the territorial
limits of the Corporation and which is not the subject
of this Contract or agreements with respect to the
provision of additional services in connection with the
transfer and disposal of Municipal Waste pursuant
hereto.
1
SCHEDULE "T)"
BY-LAW :7' .
To provide regulations governing the collection
and removal of garbage, ashes and other refuse
THE COUNCIL OF THE CORPORATION OF THE VILLAGE OF PORT BURWELL
ENACTS AS FOLLOWS:
1. DEFINITIONS
In this flv-law, except in Section 2 hereof,
1.1 "Ashes" means the residue of any household fuel
after such fuel has been consumed by fire;
1.2 "Collector" means any person or persons having a
contract with the Corporation for the collection,
removal and disposal of garbage;
1.3 "Garbage" means the following types of abandoned
or discarded waste generated, produced or created
by a householder, church or charitable institution:
All animal and vegetable waste material from
the preparation of food, cans, sweepings,
paper, cardboard, wearing apparel, ashes,
bottles, glass, discarded household utensils,
lawn and hedge cuttings, leaves, twigs,
shrubs, brush and tree limbs not exceeding 4
feet in length or 10 inches in diameter;
provided that there shall be excluded from this
definition of garbage any Hazardous Substance or
Prohibited Waste.
1.4 "Hazardous Substance" means a substance which,
because of its physical or chemical nature or
because of the form in which it exists, may
explode or become ignited easily and cause intense
flames or which constitutes a health hazard to the
collector's servants, agents or employees by
reason of their handling the same;
1.5 "Householder" means the occupant of residential
premises, whether the owner, lessee, tenant or
otherwise, within the territorial jurisdiction of
the Corporation;
1.6 "Garbage Receptacle" means a metal or rigid plastic
container with a capacity of not more than 2 cubic
feet, with a secure lid and with handles and so
designed that, when weighing 75 pounds, it may be
quickly and conveniently lifted and carried by one
man;
1.7 "Prohibited Waste" means the following:
(a) explosive or highly combustible material of
any kind,
(b) car bodies,
(c) sheet iron and scrap metal,
(d) tree stumps and trees having a diameter
greater than 10 inches and a length greater
than 4 feet,
•
SCHEDULE "n"
BY-LAW ...
To provide regulations governing the collection
and removal of garbage, ashes and other refuse
THE COUNCIL OF THE CORPORATION OF THE VILLAGE OF rO2T BURWELL
ENACTS AS FOLLOWS:
1. DEFINITIONS
In this By-law, except in Section 2 hereof,
1.1 "Ashes" means the residue of any household fuel
after such fuel has been consumed by fire;
1.2 "Collector" means any person or persons having a
contract with the Corporation for the collection,
removal and disposal of garbage;
1.3 "Garbage" means the following types of abandoned
or discarded waste generated, produced or created
by a householder, church or charitable institution:
All animal and vegetable waste material from
the preparation of food, cans, sweepings,
paper, cardboard, wearing apparel, ashes,
bottles, glass, discarded household utensils,
lawn and hedge cuttings, leaves, twigs,
shrubs, brush and tree limbs not exceeding 4
feet in length or 10 inches in diameter;
provided that there shall be excluded from this
definition of garbage any Hazardous Substance or
Prohibited Waste.
1.4 "Hazardous Substance" means a substance which,
because of its physical or chemical nature or
because of the form in which it exists, may
explode or become ignited easily and cause intense
flames or which constitutes a health hazard to the
collector's servants, agents or employees by
reason of their handling the same;
1.5 "Householder" means the occupant of residential
premises, whether the owner, lessee, tenant or
otherwise, within the territorial jurisdiction of
the Corporation;
1.6 "Garbage Receptacle" means a metal or rigid plastic
container with a capacity of not more than 2 cubic
feet, with a secure lid and with handles and so
designed that, when weighing 75 pounds, it may be
quickly and conveniently lifted and carried by one
man;
1.7 "Prohibited Waste" means the following:
(a) explosive or highly combustible material of
any kind,
(b) car bodies,
(c) sheet iron and scrap metal,
(d) tree stumps and trees having a diameter
greater than 10 inches and a length greater
than 4 feet,
SCHEDULE "A"
BY-LAW NC .
To provide regulations governing the collection
and removal of garbage, ashes and other refuse
THE COUNCIL OF THE CORPORATION OF THE VILLAGE OF PORT BURWELL
ENACTS AS FOLLOWS:
1. DEFINITIONS
In this By-law, except in Section 2 hereof,
1.1 "Ashes" neans the residue of any household fuel
after such fuel has been consumed by fire;
1.2 "Collector" means any person or persons having a
contract with the Corporation for the—collection,
removal and disposal of garbage;
1.3 "Garbage" means the following types of abandoned
or discarded waste generated, produced or created
by a householder, church or charitable institution:
All animal and vegetable waste material from
the preparation of food, cans, sweepings,
paper, cardboard, wearing apparel, ashes,
bottles, glass, discarded household utensils,
lawn and hedge cuttings, leaves, twigs,
shrubs, brush and tree limbs not exceeding 4
feet in length or 10 inches in diameter;
provided that there shall be excluded from this
definition of garbage any Hazardous Substance or
Prohibited Waste.
1.4 "Hazardous Substance" means a substance which,
because of its physical or chemical nature or
because of the form in which it exists, may
explode or become ignited easily and cause intense
flames or which constitutes a health hazard to the
collector's servants, agents or employees by
reason of their handling the same;
1.5 "Householder" means the occupant of residential
premises, whether the owner, lessee, tenant or
otherwise, within the territorial jurisdiction of
the Corporation;
1.6 "Garbage Receptacle" means a metal or rigid plastic
container with a capacity of not more than 2 cubic
feet, with a secure lid and with handles and so
designed that, when weighing 75 pounds, it may be
quickly and conveniently lifted and carried by one
man;
1.7 "Prohibited Waste" means the following:
(a) explosive or highly combustible material of
any kind,
(b) car bodies,
(c) sheet iron and scrap metal,
(d) tree stumps and trees having a diameter
greater than 10 inches and a length greater
than 4 feet,
SCHEDULE "T)"
BY-LAW Nr.
To provide regulations governing the collection
and removal of garbage, ashes and other refuse
THE COUNCIL OF THE CORPORATION OF THE VILLAGE OF PORT BURWELL
ENACTS AS FOLLOWS:
1. DEFINITIONS
In this !v-law, except in Section 2 hereof,
1.1 "Ashes" means the residue of any household fuel
after such fuel has been consumed by fire;
1.2 "Collector" means any person or persons having a
contract with the Corporation for the—collection,
removal and disposal of garbage;
1.3 "Garbage" means the following types of abandoned
or discarded waste generated, produced or created
by a householder, church or charitable institution:
All animal and vegetable waste material from
the preparation of food, cans, sweepings,
paper, cardboard, wearing apparel, ashes,
bottles, glass, discarded household utensils,
lawn and hedge cuttings, leaves, twigs,
shrubs, brush and tree limbs not exceeding 4
feet in length or 10 inches in diameter;
provided that there shall be excluded from this
definition of garbage any Hazardous Substance or
Prohibited Waste.
1.4 "Hazardous Substance" means a substance which,
because of its physical or chemical nature or
because of the form in which it exists, may
explode or become ignited easily and cause intense
flames or which constitutes a health hazard to the
collector's servants, agents or employees by
reason of their handling the same;
1.5 "Householder" means the occupant of residential
premises, whether the owner, lessee, tenant or
otherwise, within the territorial jurisdiction of
the Corporation;
1.6 "Garbage Receptacle" means a metal or rigid plastic
container with a capacity of not more than 2 cubic
feet, with a secure lid and with handles and so
designed that, when weighing 75 pounds, it may be
quickly and conveniently lifted and carried by one
man;
1.7 "Prohibited Waste" means the following:
(a) explosive or highly combustible material of
any kind,
(b) car bodies,
(c) sheet iron and scrap metal,
(d) tree stumps and trees having a diameter
greater than 10 inches and a length greater
than 4 feet,
- D.2 -
(e) any corrosive or toxic material,
(f) any carcasses of animals,
(g) liquid waste, and
(h) waste of any nature and kind as is now or may
hereinafter at any time be prohibited for
disposal at the Collector's waste disposal
site by reason of any statute or regulation
of the ?rovince of Ontario now or hereafter
enacted, promulgated or amended.
2. CEVERAL
2.1 No person shall throw, place or deposit in any
nark or on any highway within the territorial
limits of the Corporation, any dirt, filth, glass,
handbills, paper or other refuse or debris or
carcass of any animal.
2.2 No person shall suffer or permit the accumulation
upon any premises owned, leased, occupied by him
or under his control of anv garbage, litter, waste
material, animal or vegetable matter or any other
matter or thing which may endanger public health.
3. DISPOSAL OF GARBAGE
3.1 Every householder shall provide and maintain in
good repair sufficient garbage receptacles or
plastic garbage bags into which shall be placed
all garbage and waste material produced in or
emanating from his premises.
3.2 No person shall deposit or place any hazardous
substance or prohibited waste in any garbage
receptacle or plastic garbage bag which is to be
placed for collection and removal by the collector.
3.3 No person shall deposit or place more than 2 cubic
feet or more than 75 pounds of garbage in any one
garbage receptacle or plastic garbage bag which is
placed for collection and removal by the collector.
3.4 No householder shall place for collection and
removal by the collector any garbage unless such
garbage:
3.4.1 Is contained in a garbage receptacle
with its lid securely in place,
3.4.2 Is contained in a securely tied plastic
garbage bag,
3.4.3 Is in a securely tied bundle not exceeding
4 feet in length, 12 cubic feet in
volume or 75 pounds in weight or
3.4.4 Is dumped into a bulk garbage container
provided in accordance with Section 5.1.
3.5 No householder shall place for collection and
removal by the collector more than 12 cubic feet
of garbage in any one week.
3.5 No person shall pick over, interfere with, disturb,
remove or scatter any garbage placed for collection
and removal by the collector, whether contained in
a garbage receptacle or otherwise.
- D.3 -
4. SINGLE FAMILY OR DUPLEX
4.1 Every householder, occupying a single family
dwelling or occupying a dwelling unit in a duplex,
shall, on the day in each week fixed for the
collection of his garbage, and not before dusk on
the preceding day, place or cause to be placed his
garbage adjacent to the travelled portion of the
street upon which his premises fronts for collection
and removal by the collector.
4.2 Where garbage, placed for collection and removal
by a householder in accordance with Section 4.1,
is contained in a garbage receptacle, such garbage
receptacle shall be returned expediently by the
householder to the place where the same is normally
kept after the collector has emptied such garbage
receptacle.
5. MULTIPLE DWELLINGS
5.1 Except as provided in Section 5.4, the owner or
owners of any apartment house or building, row
housing, town-housing or other multiple dwelling,
shall provide and maintain in good repair sufficient
bulk garbage containers to accommodate 6 cubic
feet of garbage for each dwelling unit.
5.2 The bulk garbage containers referred to in Section
5.1 shall be designed and constructed so as to be
compatible with the collector's equipment in order
that such bulk garbage containers might be mechanically
lifted and emptied and automatically dumped.
5.3 Except as Provided in Section 5.5, every householder
occupying a dwelling unit in an apartment house or
building, row housing, town-housing or other
multiple dwelling shall, on or before the day in
each week fixed for collection of his garbage,
place or cause to be placed his garbage in the
bulk garbage container provided in accordance with
Section 5.1; provided that if such householder's
garbage is contained in a garbage receptacle, such
garbage shall be dumped by the householder out of
such garbage receptacle into the bulk garbage
container and the garbage receptacle shall be
returned expediently by the householder to the
place where the same is normally kept.
5.4 Notwithstanding the provisions of Section 5.1, the
owner or owners of any apartment house or building,
row housing, town-housing or other multiple dwelling,
containing more than 2 dwelling units and less
than 12 dwelling units, instead of providing a
bulk garbage container in accordance with Section
5.1, may provide a common garbage storage hut or
shed of sufficient size to accommodate 6 garbage
receptacles for each dwelling unit and of such
construction as to prevent the entrance of rodents
or other animals.
1
- D.4 -
5.5 Notwithstanding the provisions of Section 5.3,
every householder occupying a dwelling unit in an
apartment house or building, row housing, town-
housing or other multiple dwelling containing more
than 2 dwelling units and less than 12 dwelling
units where a common garbage storage hut or shed
has been provided in accordance with Section 5.4,
shall, on or before the day in each week fixed for
the collection of his garbage, place or cause to
be placed his garbage in the common garbage
storage but or shed so provided.
6. CONTRACTS WITH COLLECTOR
6.1 Nothing in this by-law shall prohibit or prevent
the collector from collecting. removing or disposing
of any garbage or any other waste material at any
time exclusive of Sundays, subject to any by-law
prohibiting or regulating the making of noise, nor
shall this by-law prohibit or prevent any person
from making arrangements with the collector or
with any other person for such collection, removal
or disposal.
7. PENALTIES
7.1 Any person convicted of a contravention of any of
the provisions of this by-law shall forfeit and
pay at the discretion of the convicting Judge a
penalty not exceeding $1,000.00, exclusive of
costs, for each such offence. Every such fine is
recoverable under The Summary Convictions Act, all
of the Provisions of which apply, except that
imprisonment shall be for a term not exceeding 6
months.
8. INCONSISTFNT BY-LAWS REPEALED
8.1 By-law No. is hereby repealed.
•
READ a First and Second time this. ( day of cZ�6-1 -t . 1979.
•
READ a Third time and Finally passed thisw-,.4 day of , 1974.
Reeve
Cf;-irk
SCHEDULE "E"
BASE YEAR INFORMATION
1978 Population of Bayharn 4,103.
1978 Population of vort 661.
1978 Population of Vienna • 380.
Consumer Price Index for
November, 1978 • 180.1.
FIRST CONTRACT YEAR: January 1, 1979 to December 31, 1979,
inclusive.
ANNUAL CONTRACT PRICE for the First Contract Year equals
aggregate of,
(a) Annual Per Ton Charge for the First Contract Year
determined in accordance with the Waste Disposal
Contract;
(h) Annual Carbape Collection, Removal and Disposal
Charc'e for the First Contract Year $6,940.50;
(c) Annual Transfer station Charge for the First
Contract Year 514,000.00 x 661 51,798.99
5144
PAYABLE
- as to (a) , in accordance with the Waste Disposal
Contract.
▪ as to (b) and (c) , ($6,94n.5n + $1 ,799.99 - $8,739.49)
in equal monthly installments of 5728.29 each on the
15th of each month in 1979.
- E.2 -
SECOND CONTRACT YEAR: January 1, 1980 to necember 31, 1980,
inclusive.
ANNUAL CONTRACT PRICE for the Second Contract Year equals
aggregate of,
(a) Annual Per Ton Charge for the Second Contract Year
determ+ned in accordance with the Waste Disposal
Contract;
(b) Annual Garbage Collection, Removal and Disposal
Charge for the Second Contract Year -
S6,940.50 x C.P.I. Nov. 1979 x 1979 Pop'n
C.Q.I. Nov. 1978 197g- Pop'n
(c). Annual Transfer Station Charge for the Second
Contract Year -
S14,000.00 x C.P.I. Nov. 1979 x 1979 Pop'n
C.P.I. rov. 1978 total 1979 pop'n of
Local 'tunicipalities
PAYABLE
▪ as to (a) in accordance with the Waste Disposal Contract.
▪ as to (b) and (c) , if calculated before January 15,
1980, then payable in equal monthly installments throughout
1980; and, if not calculated by such date, monthly
payments shall he equal to one-twelfth of the total of
(band (c) for the Previous contract year shall be
paid until the calculation is made after which the
amount so calculated, lees any payments made during the
year prior to the completion of the calculation, shall
be paid in equal monthly installments during the remainder
of the year.
- E.3 -
THIRD CONTRACT YEAR: January 1, 1981 to December 31, 1981,
inclusive.
ANNUAL CONTRACT PRICE for the Third Contract Year equals
aggregate of,
fo
the
d
Con
ract
(a) determined inac Charpe ordancerwith her Was etDisp salt
Contract;
(b) Annual Garbage Collection, Removal and Disposal
Charge for the Third Contract Year -
S6,940.50 x C.P.I. Nov. 1980 x 1980 Pop'n
C.P.I. fov. 1978 1978 Pop'n
(c) Annual Transfer Station Charge for the Third
Contract Year -
S14,000.00 x C.P.I. Nov. 1980 x 1980 Pop'n
7;.P.I. Nov. 1978 total 1980 poo n of
Local Municipalities
PAYABLE
• as to (a) in accordance with the Waste Disposal Contract.
- as to (b) and (c) , if calculated before January 15,
1981, then payable in equal monthly installments throughout
1981; and, if not calculated by such date, monthly
payments shall be equal to one-twelfth of the total of
(b) and (c) for the previous contract year shall be
paid until the calculation is made after which the
amount so calculated, less any payments made during the
year prior to the completion of the calculation, shall
be paid in equal monthly installments during the remainder
of the year.
•
- E.4 -
FOURTH CONTRACT YEAR: January 1, 1982 to December 31, 1982,
inclusive.
ANNUAL CONTRACT PRICE for the Fourth Contract Year equals
aggregate of,
(a) Annual Per Tort Charge for the Fourth Contract Year
determined in accordance with the Waste Disposal
Contract;
(b) Annual Garbage Collection, Removal and Disposal
Charge for the Fourth Contract Year
$6,940.50 x C.P.I. Nov. 1981 x 1981 Pop'n
C.P.I. Nov. 1978 1978 Pop'n
(c) . Annual Transfer Station Charge, for the Fourth
contract Year
514,000.00 x C.P.I. Nov. 1981 x 1981 Pop'n
C.P.T. "ov. 1978 total 1981 nop'n of
Local municipalities
PAYABLE
▪ as to (a) in accordance with the Waste nisposal Contract.
▪ as to (b) and (c) , if calculated before January 15,
1982, then payable in equal monthly installments throughout
1932; and, if not calculated by such date, monthly
payments shall be equal to one-twelfth of the total of
(b) and (c) for the previous contract year shall be
paid until the calculation is made after which the
amount so calculated, leas any payments made during the
year prior to the completion of the calculation, shall
be paid in equal monthly installments during the remainder
of the year.
r -
- E.5 -
FIFTH CONTRACT YEAR: January 1, 1983 to December 31, 1983,
inclusive.
ANNUAL CONTRACT PRICE for the Fifth Contract Year equals
aggregate of,
(a) Annual Per Ton Charge for the Fifth Contract Year
determined in accordance with the Waste Disposal
Contract;
(b) Annual garbage Collection, Removal and Disposal
Charge for the Fifth Contract Year -
$6,940.50 x C.P.I. Nov. 1982 x 1982 Pop'n
C.P.T. Nov. 1973 1978 Pon'n
•
(c) Annual Transfer Station Charve for the Fifth
Contract Year -
$14,000.00 x C.P.I. Nov. 1982 x 1982 Pop'n
C.P.I. "ov. 1978 total 1§R2 pop'n of
Local 'tunicipalities
PAYABLE
as to (a) in accordance with the Waste Disposal Contract.
as to (b) and (c) , if calculated before January 15,
1983, then payable in equal monthly installments throughout
1983; and, if not calculated by such date, monthly
payments shall be equal to one-twelfth of the total of
(hand (c) for the nrevious contract year shall be
paid until the calculation is made after which the
amount so calculated, less any payments made during the
year orior to the completion of the calculation, shall
be paid in equal monthly installments during the remainder
of the year.
DATED the 1st day of January, 1979.
BETWEE N:
THY CORPORATION nF THE VILLAGE OF POT BURWF.LL
- and -
ST. THOMAS SANITARY COLLECTION SERVICE
LIMITED
CARBAGE COLLECTION AND tr*nVAL
CONTRACT
T.JRIC'' T, DAVIES
Barristers and Solicitors,
Suite 612,
383 Richmond Street,
LONDON, Ontario.
N6A 3C4
- D.4 -
5.5 Notwithstanding the provisions of Section 5.3,
every householder occupying a dwelling unit in an
apartment house or building, row housing, town-
housing or other multiple dwelling containing more
than 2 dwelling units and less than 12 dwelling
units where a common garbage storage hut or shed
has been provided in accordance with Section 5.4,
shall, on or before the day in each week fixed for
the collection of his garbage, place or cause to
be placed his garbage in the common garbage
11/1 storage hut or shed so provided.
6. CONTRACTS WITH COLLECTOR
6.1 Nothing in this by-law shall nrohibit or prevent
the collector from collecting, removing or disposing
of any garbage or any other waste material at any
time -exclusive of Sundays, subject to any by-law
prohibiting or regulating the making of noise, nor
shall this by-law prohibit or prevent any person
from making arrangements with the collector or
with any other person for such collection, removal
or disposal.
7. PENALTIES
7.1 Any person convicted of a contravention of any of
the provisions of this by-law shall forfeit and
pay at the discretion of the convicting Judge a
penalty not exceeding $1,000.00, exclusive of
costs, for each such offence. Every such fine is
recoverable under The Summary Convictions Act, all
of the provisions of which apply, except that
imprisonment shall be for a term not exceeding 6
months.
8. INCONSISTENT BY-LAWS REPEALED
8.1 By-law No. '`%i is hereby repealed.
READ a First and Second time this , -' day of - G1 / , 1979.
READ a Third time and Finally passed this - 'Y' day of -71-14--L. , 1979.
4,1 eY,14(07
Reese
Clerk
110
1110
DATED this 1st day of January, 1979.
BETWEF N:
THE CORPORATION OF THE VILLAGE
OF VIENNA, THE CORPORATION OF THE
VILLAGE OF PORT BURWELL and THE
CORPORATION OF THE TOWNSHIP OF
BAYHAM
- and -
ST. THOMAS SANITARY COLLECTION
SERVICE LIMITED
WASTF. DISPOSAL CONTRACT
WRIGHT, DAVIES
Barristers and Solicitors,
Suite 612,
383 Richmond Street,
LONDON, Ontario.
N6A 3C4
CORPORATION OF THE VILLAGE OF PORT BURWELL
BY-LAW NO. 322
Being a By-Law to authorize the Reeve and Clerk to execute an Agreement
with St. Thomas Sanitary Collection Services Limited for the operation
of a waste transfer s'.,ation, the collection of garbage and the disposal
of waste.
WHEREAS the Council of the Corporation of the Village of Port Burwell
has tendered for the operation of a waste transfer station, the collec-
tion of garbage and the disposal of waste in conjunction with the Muni-
cipalities of Vienna and Bayham.
AND WHEREAS the Council of the Corporation of the Village of Port Burwell
accepts the tender of St. Thomas Sanitary Collection Services Limited for
the operation of a waste transfer station, the collection of garbage and
the disposal of waste.
THEREFORE BE IT ENACfrl) by the Council of the Corporation of the Village
of Port Burwell:
1. That the Agreement dated January 1, 1979, between the Corporation of
the Village of Port Burwell and St. Thomas Sanitary Collection Ser-
vices Limited, with Schedule "A" setting out the Waste Disposal Cont-
ract; Schedule "B" setting out the Specifications for Garbage Removal
and Disposal; Schedule "C" setting out Specifications for the Transfer
Station; Schedule "D' being the Village of Port Burwell By-Law No. 321
to provide regulations governing the collection and removal of garbage,
ashes and other refuse; and Schedule "E" setting out the method of com-
puting annual payments during the years commencing January 1, 1979
through December 31, 1983, inclusive being the term of the contract; be
hereby approved.
2. That the Reeve and Clerk be and are hereby authorized to execute the
aforesaid Agreement with Schedule At B, C, D, and E, and to affix the
Corporate Seal of the Village of Port Burwell, thereto.
BY-LAW READ A FIRST, SECOND AND THIRD TIME AND FINALLY PASSLt) THIS
`a-,_/DAY OF A„/ 1979.
CLERK
REEVE
,
,
THE MUNICIPALITY OF VILLAGE OF PORT BURWELL
Meeting April 2, ,19 79
• t '. (-&-zz,f...CL
Moved By
Seconded By
That leave be granted to introduce By-law #322
al2 17
...., :tit /1 ,
being a By- w lto authorize the Reeve and Clerk to execute an Agreement with St.
Thomas Sanitary Collection Services Limited for the operation of a waste transfer
station, the collection of garbage and the disposal of waste.
and that Bylaw presented herewith be read a first time.
By-law read a /. -4---- time
i
.,"
moved
That By-law now read a first time be read a
second time forthwith.
Seconded By .._.a...--4__A-a--/ Vga.-- ---' •
By-law read a .........._...2.zaf21----.time
Moved By
a third time forthwith.
/AP-
That By-law now read a second time be read
Seconded By'1-6( Ca C(4.4CA/ted-,
By-law read a .-----14------------time
/./
Moved By
/ - That By-law now read a third time do pass,
be engrossed by the Clerk, and signed and
Seconded By . .1 • - sealed by the Reeve.
'
CORPORATION OF THE VILLAGE OF PORT BURWELL
BY-LAW NO. 322
Being a By-Law to authorize the Reeve and Clerk to execute an Agreement
with St. Thomas Sanitary Collection Services Limited for the operation
of a waste transfer station, the collection of garbage and the disposal
of waste.
WHEREAS the Council of the Corporation of the Village of Port Burwell
has tendered for the operation of a waste transfer station, the collec-
tion of garbage and the disposal of waste in conjunction with the Muni-
cipalities of Vienna and Bayham.
AND WHEREAS the Council of the Corporation of the Village of Port Burwell
accepts the tender of St. Thomas Sanitary Collection Services Limited for
the operation of a waste transfer station, the collection of garbage and
the disposal of waste.
THEREFORE BE IT ENACTED by the Council of the Corporation of the Village
of Port Burwell:
1. That the Agreement dated January 1, 1979, between the Corporation of
the Village of Port Burwell and St. Thomas Sanitary Collection Ser-
vices Limited, with Schedule "A" setting out the Waste Disposal Cont-
ract; Schedule "B" setting out the Specifications for Garbage Removal
and Disposal; Schedule "C" setting out Specifications for the Transfer
Station; Schedule "D' being the Village of Port Burwell By-Law No. 221
to provide regulations governing the collection and removal of garbage,
ashes and other refuse; and Schedule "E" setting out the method of com-
puting annual payments during the years commencing January 1, 1979
through December 31, 1983, inclusive being the term of the contract; be
hereby approved.
2. That the Reeve and Clerk be and are hereby authorized to execute the
aforesaid Agreement with Schedule A, B, C, D, and E, and to affix the
Corporate Seal of the Village of Port Burwell, thereto.
BY-LAW READ A FIRST, SECOND AND THIRD TIME AND FINALLY PASSED THIS
DAY OF 1979.
CLERK
112 4,e+-61
REEVE
.
• CORPORATION OF THE VILLAGE OF PORT BURWELL
BY—LAW NO. 322
Being a By—Law to authorize the Reeve and Clerk to execute an Agreement
with St. Thomas Sanitary Collection Services Limited for the operation
of a waste transfer station, the collection of garbage and the disposal
of waste.
WHEREAS the Council of the Corporation of the Village of Port Burwell
has tendered for the operation of a waste transfer station, the collec—
tion of garbage and the disposal of waste in conjunction with the Muni—
cipalities of Vienna-and Bayham.
AND WHEREAS the Council of the Corporation of the Village of Port Burwell
accepts the tender of St. Thomas Sanitary Collection Services Limited for
the operation of a waste transfer station, the collection of garbage and
the disposal of waste.
THEREFORE BE IT ENACTED by the Council of the Corporation of the Village
of Port Burwell:
1. That the Agreement dated January 1, 1979, between the Corporation of
the Village of Port Burwell and St. Thomas Sanitary Collection Ser—
vices Limited, with Schedule "A" setting out the Waste Disposal Cont—
ract; Schedule "B" setting out the Specifications for Garbage Removal
and Disposal; Schedule "C" setting out Specifications for the Transfer
Station; Schedule "D' being the Village of Port Burwell By—Law No. 321
to provide regulations governing the collection and removal of garbage,
ashes and other refuse; and Schedule "E" setting out the method of com—
puting annual payments during the years commencing January 1, 1979
through December 31, 1983, inclusive being the term of the contract; be
hereby approved.
2. That the Reeve and Clerk be and are hereby authorized to execute the
aforesaid Agreement with Schedule A, B, C, D, and E, and to affix the
Corporate Seal of the Village of Port Burwell, thereto.
BY—LAW READ A FIRST, SECOND AND THIRD TIME AND FINALLY PASSED THIS
al DAY OF < UL7; 1979.
CLERK
REEVE
FOPM AB—PR-17A . •
REV. MAY 1973
BY-LAW NUMBER 3-
OF
THE CORPORATION OF THE VILLAGE OF PORT BURWELL
A BY-LAW TO AUTHORIZE the execution of a proposal and
estimate of cost pursuant to an agreement with Her Majesty the Queen, In
Right of the Province of Ontario, as represented by the Minister of Trans-
portation and Communications, entered into under The Public Transportation
and Highway Improvement Act, R.S.0. 1970, ChaptI r 201.
"WHEREAS the appended proposal and estimate of cost dated
the 19th day of February 19 79 , for the construction of
A STORM SEWER (510') ON ERIEUS STREET
being part of a highway designated as a connecting link has been prepared
pursuant to the said agreement with Her Majesty the Queen, In Right of the
Province of Ontario, as represented by the said Minister. "
BE IT THEREFORE ENACTED by the Council of the Corpor-
ation of the VILLAGE of PORT BIIRWELL •
1. That the hereinbefore recited proposal and estimate of
cost be approved.
2. That the Mayor/Reeve and Clerk be and they are hereby
authorized and directed to sign the hereinbefore recited
proposal and estimate of cost and to affix thereto the seal
of the Corporation.
PASSED by the Council of the Corporation of the Village
of Port Burwell this ^. ,day of <</-7. 19 2.
Mayor/Re
(SEAL)
1prlc
•
FOR h1.AB—PR-17A • •
FEV. MAY 1973 APPENDIX NO, 3 DATE February 19, 1979
PROPOSAL AND ESTIMATE OF COST FOR THE CONSTRUCTION OF A CONNECTING
LINK OR EXTENSION OF THE KING'S HIGHWAY (OR SECONDARY HIGHWAY) NO.
19 IN THE Village OF Port Burwell IN THE COUNTY (@R
Di4Jiffille'r) OF Elgin
Designated Route: Erieus Street
Pursuant to an agreement dated the 7th day of May 1960 hereinafter called
the agreement made between the Minister and the Corporation of the Village
of port. Burwell and subject to the terms and conditions thereof, and subject
also to any necessary approval of the Board under The Ontario Municipal Board Act,
the Corporation (Minister/Corporation) proposes that the following por-
tions of highway, heretofore designated as a connecting link, be constructed by the
Corporation (Ministry/Corporation) namely, (describe portion(s) of
street(s) to be constructed):
510' OF STORM SEWER ON ERIEUS STREET
and illustrated on the plan or sketch attached thereto; provided construction to be in
accordance with plans and specifications approved by the Minister and the Corporation
in the manner and at a cost estimated and divided substantially as follows:
(a) Type of construction STORM SEWER
(b) Length 510 L,F,
(c) Width (not less than 22 feet) N/A
(d) Commencing at Union Street
(e) Terminating at Strachan Street
(f) Total estimated cost of construction $ 12,000.00
(g) Deduct: Items not chargeable under agreement:
(I) Items to be paid by the Corporation $ 697.44
(II) Charged to others
(III) Charged under Part X of The Public
Transportation and Highway Improve-
ment Act $
Total Deductions $ 6g7.LL
(h) Total estimated cost of construction to be shared $ 11, 02.56
(i) Minister's share (100%) $ 111302.56
• S
FORM AB—PR-17A
REV. MAY 1973
(j) Estimated annual expenditure of Minister's share for fiscal year(s):
April 1st, 19 79 to March 31st, 19 80 $11,302.56
April 1st, 19 _ to March 31st, 19 _ $
April 1st, 15 _to March 31st, 19 _ $
April 1st, 19 _to March 31st, 19 _ $ $11,302.56
It is understood that the estimated cost is based on the best information available at the
time of subn-d sion and that no substantial increase in such cost will be undertaken or
incurred without the prior written approval of the Minister, and where necessary, the
approval of the Ontario Municipal Board.
This proposal is hereby submitted this
day of ‘2,71.,-,,Z 19
by or on behalf of the Corporation of
the Village of
Port Burwell
(SEAL) Ast. �. I
Reeve
Clerk
and is hereby accepted by or on behalf
of th
(SEAL)
(Note: Attach a statement of the total estimated cost in detail and a breakdown thereof
showing how the Minister's share was computed on Form AB-PR-3)
V gra
Transportation and
Commtrocaoons
Ontario
CONNECTING LINK m the VILLAGE of PT BURWELL r,«ny ERI&JS Street from UNION STREET -to STRACHAN STREET
ESTIMATED SHAREABLEUNDER (CHARGEABLEUNDER CHARGEABLE TO CHARGEABLE TO
DETAILS OF CONSTRUCTIONGROSS COST C.L AGREEMENT PART X OF THE ACT CORPORATION OTHERS' EX►LANATION
L. Supply and Place 24" C.S.P.
110 L.F. ® $13.50 per L.F. 1,485.00 1,485.00
Supply and Place 30" C.S.P.
400 L.F. $17.00 per L.F. 6,800.00 6,120.00 680.00 E Formula
I. Place 3' X 3' Catch Basin
900.00 900.00
3 each @ $300.00 ea.
Supply 2' X 2" Frames and Grates
375.00 375.00
3 each $125.00 ea.
1. Break into Catch Basin 150.00 150.00
Lump Sum
Granular "A" 375.00 375.00
75 tons @ $5.0r per ton
. Trim and Seed
500.00 500.00
Lump Sum
Contingency Allowance 1,115.00 1,115.00
SUB—TOTAL i 11,700.00 11,020.00 680.00
Engineering and Surveys 11 300.00 282.56 11.44C.L 4411 (320 X $300.00
TOTAL 12,000.00 11,302.56 697.44
This project will be constructed by Elgin County
Day Labour Forces on behalf of the Village of
QUiareabk to others eg Local Im wcwement Act.Railway Grade Crossing Fund.Public Service Works ow Highway Act,etr. Port Burwell. Any increase or decrease in the
,II o.-s Estimated Cost ($12,000) will be pro-rated against
each item shown above including Engineering &
• Surveys upon completion of the project.
-7-
THE MUNICIPALITY OF VILLAGE OF PORT BURWELL
110
/„,,.. , ,
Meeting March- ..19.79 ,19
--peaec-
/ That leave be granted to introduce By-law 3- 3
Seconded By S...5.�
�;
a..4. 4...k...e..—
to authorize the execution of a proposal and estimate of cost pursuant to an
agreement with Her Majesty the Queen, In Right of the Province of Ontario, as
represented by the Minister of Transportation and Communications, entered into
under THE PUBLIC TRANSPORTATION AND HIGHWAY IMPROVIIMEMT ACT, R.S.O. 1970 Chap. 201.
and that Bylaw presented herewith/ be read a first time.
By-law read a L ' time
Moved By ____!��T✓ c C.t�yr...._
That By-law now read a first time le read a
second time forthwith.
Seconded By
By-law read a ..2.-4 time
Moved ByJ......1 72.e G ._--_-...-_-_.
That By-law now read a second time be read
Seconded By .14,1_21._____.. _ a third time forthwith.
Eilaw read a ._ time
Moved By /414..--..___..___.-_—.._. t By-law now read a third time do
pus,
be engrossed by the Clerk, and signed and
Seconded By -_.__ .I.,. -o -. sealed by the Reeve.
Cvwfx,/
11111
• mac,
Ontario
Ministry of 659 Exeter Road (Hwy.135)
Transportation and Box 5338, London,Ontario
Communications N6A 5H2 681-1441
1979 05 23.
Mrs. G. Foster, Clerk,
Village of Burwell,
Box 299,
PORT BURWELL, Ontario.
NOJ 1110
Dear Madam:
Re: Village of Port Burwell
Installation of Storm on Erieus Street
(Highway #19 Connecting Link)
I enclose for your records an original copy of a
Construction Proposal dated the 2nd day of April,
1979.
The Proposal is authorized by a basic agreement dated
the 7th day of May, 1960, and has been duly executed
by the Deputy Minister.
Yours truly,
E. J./McCabe, P.Eng. ,
l Regional Director,
Southwestern Region.
EJMCC/jw
Encl.
THE MUNICIPALITY OF VILLAGE OF PORT BURWELL
110
Meeting ,19 79
Moved By
That leave be granted to introduce By-law 3 y
Seconded By 1� �
to establish the rates and taxes for the year 1979 and to provide for the collec—
tion thereof, with a mill rate as follows:
Public Residential: 138.205 Public Commercial: 157.811
Separate Residential: 142.733 Separate Commercial: —
1979 Tax Instalments are due Friday, June 15th, Monday, Sept. 17t and Thursday,
Nov. 15th. No Discounts. Penalties — 1% day after due dates plus 1% per month
1st day of each month.
Total yearly taxes under $30.00 will be billed on the first instalment.
and that Bylaw presented herewith be read a first time.
By-law read a time
/limed By ,
TdThat By-law now read a first time be read a
second time forthwith.
Seconded B e2- E/L
By-law read a 67-: -_._. time
Moved By
That Bylaw now read a second time be read
�( a third time forthwith.
Seconded By C_--= v -�s -Z14,-.4 ._
By-law read a __ 3"!)__. time
Moved Byt By-law now read a third time do pass,
be engrossed by the Clerk, and signed and
Seconded R _._ sealed by the Reeve.
i . / ; ' /.
• 411
VILLAGE OF PORT BURWELL
SUMMARY OF MILL RATES
1979
Residential Commercial
Village 49.382 38.096
County 15.643 18.404
Schools - Public 40.611 45.123
- Separate 45.139
- Secondary 32.569 36.188
Total - Public 138.205 157.811
- Separate 142.733
Mill Rates Assessment Total
Proof
Public - residential 138.205 $ 610,305 $ 84,347
- commercial 157.811 154,450 24,374
Separate -residential 142.733 20,470 2,922
$ 785,225 $111,643
•
VILLAGE OF PORT BURWELL
1979 MILL RATES
Mill Rate Assessment Extension Total
Village 49.382 $ 630,775 $ 31,149
58.096 154,450 8,973 $ 40,122
785,225
County 15.643 630,775 9,867
18.404 154,450 2,843 12,710
785,225
Schools
Public 40.611 610,305 24,785
45.123 154,450 6,969 31,754
764,755
Secondary 32.569 630,775 20,544
36.188 154,450 5,589 26,133
785,225
Separate 45.139 20,470 924
$ 111,643
411
•
VILLAGE OF PORT BURWELL
1979 BUDGET
Revenue
Telephone payments - Amtelcom $ 2,887
- Bell Canada 527
Grants in lieu 2,300
Grants - Ontario - roadways 25,300 -
- per capita 5,173
- resource equalization 33,304
•
general support 6,593
County rebate - roads 2,371
Licenses and permits 1,100
Rents 2,700
Penalties and interest 2,200
O.H.R.P. administration fee 6,000
Sundry revenue 1,000
Parks grant 1,200
Water works - meter reading 1,500
1978 surplus 13,135
Tax roll 111643
$ 218,933
• •
VILLAGE OF PORT BURWELL
1979 BUDGET
Expenditure (5 8U
Reeve and council $ 5,300 (o Z90 �
General administrative 23,000 711,000
Fire - salaries, material, utilities 7,300 )011.00
- reserve for truck replacement 230 ; zoo ::)
Conservation authority 945 9 yf 0
Protective inspections 1,600
Flood control - erosion debenture 7,$78
- erosion cost 4,303
Roadways - salaries, materials, utilities
(including Strachan drain) 50,600
Street lighting - power and maintenance 2,800
- new lights 1,200
Garbage 10,000 ‘0.391,00
Parks and recreation - grant 1,200 l ,zoo,OO
- salaries 2,400
- day camp 200
Planning and zoning 1,350 22,2n.il4
/No)
Maintenance of buildings - library
(including new roof $800) 1,300
- police 800
Tractor - balance of purchase price 12,000
' 136,476
Education 60,247 '1-/1.00
County 22210 09 a.3% .(oo
$ 218,933
--IG
-J
THE CORPORATION OF THE VILLAGE OF PORT BURWELL
BY—LAW NUMBER 325
A by—law authorizing the conveyance by the Corporation of the
Village of Port Burwell in favour of 345990 Ontario Limited, of any
interest the Corporation of the Village of Port Burwell may have in the
• lands hereinafter referred to.
WHEREAS a doubt may exist as to whether Tillsonburg, Lake Erie
and Pacific Railway Company acquired by the different conveyances to it
a good and marketable title to the lands hereinafter described.
AND WHEREAS the Corporation of the Village of Port Burwell has
agreed to execute a Quit Claim Deed of the lands hereinafter described in
favour of 345990 Ontario Limited for the purpose of removing clouds which
may exist on title.
NOW THEREFORE the Corporation of the Village of Port Burwell
enacts as follows:
That the Reeve and Clerk of the said Village are hereby authorized
and empowered to execute a Quit Claim Deed in favour of 345990 Ontario
Limited of the premises and to affix thereto the seal of the Corporation
of the Village of Port Burwell as to effectively release any interest the
said Village has to title of the said premises. The said premises may be
more particularly described as follows:
ALL AND SINGULAR that certain parcel or tract of land and premises
situate, lying and being in the Village of Port Burwell, in the County of
Elgin, in the Province of Ontario, and being composed of:
Part of Lot 11, Concession 1, Township of Bayham and Part of the accreted
land in front thereof;
Part of Drury Lane;
Part of Hagerman Street, Brock Street, Pitt Street and Waterloo Street;
Part of Wellington Street and Howard Street closed by Township of Bayham
eBy—Law No. 719;
All of Lots 10 and 11, and Part of Lots 12, 13, 14, 15, 18, 19 and 20 west
of Robinson Street;
— 2 —
All of the lane and the unnumbered lots lying west of Lots 13, 14 and
15 west of Robinson Street;
Part of the unnumbered lots lying west of Lots 16 and 17 west of
Robinson Street;
110 All of lots 21, 22, 23, 24 and 25 west of Howard Street, and Part of
Lots 21, 22, 23, 24 and 25 east of Howard Street;
All as shown on Plan 12, registered it the Registry Office for the
Registry Division of Elgin (No. 11) and designated as parts 1, 2, 3, 4,
5, 6, 7, 8, 9, 10, 11, 12, 13 and 14 on a plan of survey deposited in
the said Registry Office as Plan 11R-990.
TOGETHER WITH all of the Grantor's right, title and interest in and to
any and all water lots within the area encompassed by the said Plan
11R-990.
This by—Law shall take effect on the date of the final passing
thereof.
Read a third time and finally passed this ."'57""- day of ;.f..,!--(1-
A.
c, -(1-
A. D. 1979.
L.} e.1 ted 1 1 1(
CLERK- T/:E'H5c,KE/t /Ca c
S
THE MUNICIPALITY OF VILLAGE OF PORT BURWELL
ik
Ju .,e
Meeting . . ..25.. ,19..79..
Moved By _.(%..1'i -.
That leave be granted to introduce By-law # 325
Seconded By --- .L./........:4.-y#:
being a By-Law to authorize the conveyance by the Corporation of the Village of
Port Burwell in favour of 345990 Ontario Limited, of any interest the Corporation
of the Village of Port Burwell may have in the lands hereinafter referred to,
in order to accommodate the private enterprised development of a Marina within
the Harbour area.
and that Bylaw presented herewith be read a first time.
By-law read a .......-iu: __--....._.__time
Moved By ..... _%_ ___. ..__.._.
- second time forthwith.That By-law now read a first time be read a
Seconded By 11111.„4" CK.__ __._.___-_:..____.__.
By-law read a .2.. 4 _.time
Moved By C. .-CL - _-- _
JThat By-law now read a second time be read
Seconded By __C.x:_44— 1) a third time forthwith.
By-law read a __.34time
Moved By .›��'.�ersat`4�-4 ". - _ _.S7 ' i
That By-law now read a third time do pass,
be engrossed by the Clerk, and signed and
Seconded By . C.(�,/400.T4,li{ -.c. ._.___.. sealed by the Reeve.
THE CORPORATION OF THE VILLAGE OF PORT BURWELL
BY—LAW # 326
WHEREAS it is expedient that the Council of the Village of Port Burwell
initiate the appointment of a person to be responsible for the collection
of Harbour and Dockage fees, for water craft using the Port Burwell Har—
• bour;
AND WHEREAS the Village of Port Burwell has assumed the responsibility
for same through a sub—lease agreement with the Ministry of Fisheries and
Environment Canada, Fisheries and Marine — Small Craft Harbours Branch;
AND WHEREAS the Port Burwell Harbour Committee, by resolution dated June
4, 1979, has recommended that Phil Bucheski be appointed as Village Wharfinger
for the year 1979;
NOW THEREFORE, the Council of the Village of Port Burwell enacts as follows:
1. that guidelines for the administration of rules, regulations and fees
for wharfage use, be in context with those outlined under the FISHING
AND RECREATIONAL HARBOURS ACT, with REGULATIONS thereunder for fee sche—
dules and deportment of Harbour users, as outlined therein.
2. that POWER TO ACT be given to the VILLAGE WHARFINGER for collection of
said dockage fees, for the enforcement of general rules and regulations
regarding the Harbour, and for subsequent right to refer any delinquent
or reluctant accounts, or problems of obedience to set rules, to the
Village Council and/or Village By—Law Enforcement Officer, for legal
enforcement regarding said misdemeanor.
AND THAT this By—Law read a first, second and third time, be passed, engrossed
by the Clerk, and signed and sealed by the Reeve.
DATED AT PORT BURWELL,
THIS 25th Day of June, 1979.
Clerk
Reeve
4
THE MUNICIPALITY OF VILLAGE OF PORT BURWELL
Meeting .Jun,e 25 .19.7.9...
Moved By '_.(0+.� aGs ..._._.
That leave be granted to introduce By-law #326
Seconded By . '. i Alir
_ ..:.��_...
to appoint a Village Wharfinger to collect Harbour and Dockage Fees, for the year
1979.
and that Bylaw presented herewith be read a first time.
By-law read a /.s4_____.._.__._.time
Moved By (.1_ ....._ .... �......
a.,.. That By-law now read a first time be read a
second time forthwith.
Seconded By _........_�?
By-law read a ....._/.414 .-._-..time
�
J
Moved By `-!t.L1 e- ?-•- - -•----•—
That Bylaw now read a second time be read
/�, C—L/s-have„,,e, a third time forthwith.
Seconded By . V.. ..--
By-law read a .----3644...--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.
CdAiL:14-
t 04,'L-12 ' Y) AJt 6V41.-i"1" 1 €'111
:' f
AA-4 i° .
THE MUNICIPALITY OF VILLAGE OF PORT BURWELL _
11,
Meeting .. . .. illi F- ,19.1 g
/...._
Moved By . �-.-L
That leave be granted to introduce By-law to- 3
Seconded By -!/� ¢.
to request that the Ontario Energy Board of Ontario grant an order dispensing
with the consent of the municipal electors of the Village of Port Burwell
relative to the application for a natural gas franchise by the Medina Natural
Gas Company, Limited.
and that By-law presented herewith be read a first time.
By-law read a ....1. ......._._-._-time
Z
Moved By That By-law now read a first time be read a
second time forthwith.
Seconded By .__� .5�..-. � i
f _._..--
/, ,67,-e
B -law read a ...........2.,Q1 time 0,/u24 .Q, k a ,,
Moved ByThat By-law now read a second time be read
a third time forthwith.
SecondedBy ......---...............------............------......---------
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.
itirnre
-BARRISTER. SOLICITOR, NOTARY
16 METCALFE ST.
ST. THOMAS, ONTARIO
N5R 3J9 TELEPHONE (519)1133-5500
12 February , 1979
Villaae of Port Burwell
Box 299
Port Burwell , Ontario
NOJ ITO
Attention : Clerk
Dear Sirs :
Re : The Medina Natural Gas Company Limited
- Franchise Agreement - By-law
Please find enclosed herewith draft by- law for
the granting of the right to construct and operate works for
the distribution of gas and to supply gas to the inhabitants
of your municipality in the standard form of The Medina
Natural Gas Company Limited .
I would ask that you review this document with
Council and if the same is satisfactory , aive the same the
first two readings as required by make the same a by-law . The
matter will then no before the Ontario Energy Board to obtain
a Certificate of Public Convenience and Necessity at a public
hearing . The Board may at a public hearing direct , if satisfied ,
the assent of the municipal electors be dispensed with . I
therefore further enclose herewith a draft resolution with
respect to the dispensing of the municipal electors consent
under Section 9 ( 4 ) of the Municipal Franchises Act . I would
ask in turn that you have this resolution passed by Council .
If you have any questions with respect to either
of these matters , please do not hesitate to contact me . Your
early attention is most appreciated .
You 'y ,
411111::7
411114,40
BRU - . BLAKE
EW
Enclosures ( 2 )
P.S. Would you kindly fill in Corporate names and By-law numbers .
IP
� ly,
BY-LAW NUMBER . 327 .
OF
THE CORPORATION OF THE VILLAGE OF FORT BUR`n'ELL
A By-law authorizing The Medina Natural Gas Company
Limited to lay, down , maintain and use pipes and other necessary
IIIP
works for the transmission and distribution of aas 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 aa in and through the Municipality and to brino
in, produce , distribute , supply and sell aas 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 producina, purchasing, transmitting, distributing, supplying
and selling gas .
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 orant it a
franchise or right to lay down , maintain and use pipes and other
necessaryworks for the transmission and distribution of aas on,
in , under, along and across any highway located within the Village
Port
of Burwell (hereinafter referred to as "the Municipality" )
together with the right to transmit aas in and through the Munici -
pality and to bring in, produce, distribute , supply and sell aas
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.
S
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 is hereby given, granted , conferred and assured
I
- Page 2 -
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
littherein the right from time to time and at any time , to survey ,
construct, lay, maintain, inspect, alter, repair, renew, abandon ,
replace , reconstruct, extend , use and operate in , through , upon ,
under, along and across the same or any of them or any part or
parts ofthem, such transmission and distribution mains , pipes ,
lines , services and works (with any and all necessary or incidental
apparatus , attachments , appliances , arrangements for cathodic
protection , regulators , valves , curb boxes , safety appliances and
other suchlike 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 any
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 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.
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
practices . Except in case of emergency :
(a ) no excavation , opening or work (exclusive of
III 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 he appointed by the super-
vision over its highways (hereinafter referred to
as "the said officer of the Municipality" , which
term shall include the person acting in his stead
- Page 3 -
in the event of his absence from duty) , such notice
to he given at lease 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
110 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 showina '
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
Municipality 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 Municipalty,
maps or plans showing the location and size of all mains , pipes ,
lines and works laid or installed 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 under-
ground, and, except where it shall he necessary to cross a highway ,
alona the sides of the hinhway. 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 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 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
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
r
- Page 4 -
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 make good any settling or subsidence thereafter caused by
any excavation made by it, to the satisfaction of the officer of
IIIPthe Municipality having general supervision over roads .
5. If the Municipality, in pursuance of its statutory
powers , decides to alter the construction of any highway or of
any municipal drain , ditch , bridge , culvert of other municipal
works or improvements thereon or therein and if the locationof
any main , line, pipe or works of the Company laid hereunder inter-
feres with the location or constructionof such alteration in a
substantial manner, then upon receipt of notice in writing from
the Clerk of the Municipality specifying the point where such main ,
line, pipe or works ' interferes with the plans of the Municipality,
the Company shall either:
(a ) alter or relocate , at its own expense , such
mains ; pipes , lines or works at the point
specified in a manner and to a location designated
by the Municipality; or
(h) agree to indemnify and save harmless the
Municipality from any additional reasonable
costs , damages or expenses incurred as a result
of its decision not to alter or relocate its
mains , pipes , lines or works at the point
specified .
6 . The Company shall make no charge for tapping its
mains or laying service lines in the highways .
7 . The Company shall and does hereby at all times
indemnify and save harmless the Municipality from and against all
loss , damage, injury or expense which the Municipality may hear ,
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
•
• - Page 5 -.
of some person , firm or corporation other than the Company, its
servants , contractors , subcontractors , agents or employees .
8. The rates to be charaed and paid for gas sold by
the Company in the Municipality and the meter rentals and other
410 .
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
1111
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 provisionsof The Energy Act, 1971
and The Ontario Energy Board Act , R. S.O. 1970, Chapter 312 (or
any Act or Acts passed in amendment thereof or substitution
therefor) and to any Regulation made pursuant thereto and to
I
any lawful order, direction or requirement made thereunder and
no provision of any general by-law 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 corres-
ponding provision of this By-law.
10. The rights and privileges hereby granted shall
continue and remain in force for a period of twenty (20) years
from the date of the agreement referred to in paragraph 13
hereof and executed by the Company and the Municipality.
11 . In this by-law:
"Cas" 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, driveway,
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 jurisdiction of the
Municipality.
"Municipality" means the of as
•
. - Page 6 -
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 subdivision . The Municipality therefore may notify the
110 Company of each new plan of subdivision before the same has been
approved by the Council and to take any reasonable steps to ensure
that in each new plan of subdivision, adequate provision is made for
the reservation of lands for gas reaulator sites . In so far as is
reasonably practicable , the Company shall endeavour to construct
its mains in new areas of subdivision at thesame time as the
Municipality is constructing its public services therein .
13. This By-law shall come into force and take effect on
the day upon which it is aiven third reading and is finally passed
by the Council , provided that before such time:
(a ) the By-law has been assented to by the municipal
electors as provided for by The Municipal Franchises
Act, or the Ontario Energy Board has declared and
directed that such assent is not necessary; and
(h) the terms and conditions upon which and the period
for which the riahts andprivileges granted to the
Company by this By-law have been approved by the
Ontario Energy Board ,
but the rights and privileges granted to the Company by this By-law
shall take effect only upon the Company and the Municipality executing
an agreement to perform, observe and comply with the agreements ,
obligations , terms and conditions herein contained . The Mayor and
Clerk of the Municipality are hereby authorized and empowered to
execute such agreement under the corporate seal of the Municipality.
14 . By-law No of the Municipality finally passed
, 19 be and is hereby repealed. By-law of the
Municipality finally passed , 19 is hereby repealed .
READ A FIRST AND SECOND TIME THIS 28th DAY OF May , 1979.
READ A THIRD TIME AND FINALLY PASSED THIS DAY OF , 19
AGREEMENT made ( in duplicate) this 28thday
f May , 1 979 .
BETWEF N:
THE CORPORATION OF THE VILLAGE OF PORT BURV.ELL
410 hereinafter called the "Corporation"
of the FIRST PART
A N D
THE MEDINA NATURAL GAS COMPANY LIMITED
hereinafter called the "Company"
of the SECOND PART
WHEREAS the Corporation on the day of
19 duly passed its by-law Number , which By-law grants to
the Company authority 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 Corporation, together with the right to bring in ,
produce distribute, supply and sell gas to residents within the
limits of the Corporation , a copy of which By-law is annexed hereto
as Schedule "A" to this Agreement.
AND WHEREAS the terms and conditions upon which and
the period for which the said By-law grants such rights to the
Company were approved by Order of the Ontario Energy Board dated
the day of 19 .
AND WHEREAS the Ontario Energy Board, pursuant to
Section 19 of The Municipal Franchises Act, R. S .O. 1970, Chapter
289, did by Order dated the day of , 19 declare
and direct that the assent of the Municipal Electors of the Corporation
in respect of the said By-law is not necessary.
1111 AND WHEREAS it is provided in the said By-law that
the rights and privileges granted to the Company shall take effect
only upon the Company and the Corporation executing and delivering
- Page 2 - •
an Agreement to perform, observe and comply with the agreements ,
obligations , terms and conditions contained therein , and that the
Mayor and Clerk of the Corporation are authorized and empowered to
execute such Agreement under the corporate seal of the Corporation.
4110 AND WHEREAS the parties hereto now wish to execute
an Agreement to perform, observe and comply with the Agreements ,
obligations , terms and conditions contained therein .
NOW THEREFORE THIS INDENTURE WITNESSETH that the
parties hereto do hereby agree to perform, observe and comply with
the agreements ,obligations , terms and conditions contained in the
said By-law.
IN WITNESS WHEREOF the Parties hereto have hereunto
affixed their corporate seals duly attested by the hands of their
proper signing officers in that behalf.
SIGNED, SEALED AND DELIVERED )
THE CORPORATION OF THE VILI:AGE
in the presence of ) OF PORT BURWELL
Per:
THE MEDINA NATURAL GAS COMPANY
LIMITED
Per:
S
r r
t ,
7c 3 ritce p. Wahe, .-0ii.p.
BARRISTER. SOLICITOR. NOTARY
16 METCALFE 6T.
ST. THOMAS, ONTARIO
N5R 3J9 TELEPHONE (519) 633-5500
4 May, 1979
•
•
• _
Villaae of Port Burwell
Box 299
Port Burwell , Ontario
NOJ 1TO
Attention: Clerk
Dear Sir:
Re: The Medina Natural Gas Company Limited
Franchise Agreement
Further to my letter with enclosure above
set out, I note that I have not yet received a response from
your municipality.
I would ask that you give this matter your
immediate attention.
You - uly,
You
CJ
BRUCE H. BLAKE
CORPORATION OF THE V1LLAvi, ur' PORT BURWELL
BY - LAW iE las;
BEING A HOLDING BY-LAW ON LICENSING;
WHEREBY„ the Council of the Village of Port Burwell has direction
under the Municipal Act, Section 246, R.S.O. 1977, subject to Sec-
tions 357 and 358, for power to license or prohibit the operation
of any trade, business or occupation within the Village of Port
Burwell.
AND WHEREAS, these include operations outlined for any non-commercially
zoned property in the municipality, such as hobby and handicraft
retail outlets; warehouses for storage or resale goods that may be
restored, renovated, re-serviced and sold for profit; vending opera-
tions such as catering or food services, ice cream and confection
stands, souvenirs, bait and fishing equipment sales; fruit and vege-
table stands, other than home grown goods on individual ratepayers'
properties; within the Village of Port Burwell.
AND WHEREAS, the Council of the Village of Port Burwell has two By-
Laws and one invalid By-Law Resolution, presently in force, as fol-
lows:
Dated May 1, 1950 - Dy-Law /,20 - Fee for mobile units - $25.00
Dated Feb.l, 1954 - By-Law #47 - Regulations for Victual Houses - $2.00
Dated Apr.3, 1961 - By-Law Resolution (invalid) #121 - Mobile Units - $9(
AND WHEREAS, the above By-Laws contain unrealistic fee schedules and
contradictory aspects, therein;
• AND WHEREAS, present licensing is now under revision in the Ontario
Legislature under Bill /%105;
AND WHEREAS, some control is required to deter sporadic operations•
within the Municipality for the protection of permanent tax-paying
commercial operations until pending Zoning By-Law approval is maintained
to give more definite direction for commercial allocations;
NOW THEREFORE BE IT RESOLVED THAT THE Council of the Village of Port
Burwell hereby rescinds all Fee Schedules and the above Licensing By-
. Laws in the categories contained therein, and shall judge or deem
each application for a license on an individual basis, setting the
fees and/or terms by individual resolution of Council, until such time
as a new Licensing Dy-Law can be enacted to cover all aspects required
for the Municipality.
AND WHEREIN, any other Licenses having been issued prior to this date,
for .the year 1979 at a ; 25.00 fee, shall and do retain there validity
ONLY if they shall comply with the terms and provisions set by Council,
definitions which apply as follows:
"Location" - As determined at issuance date of License.
"Stationery"- Set upon a designated area; immovable to another
location. e.g. East, OR West Beach area.
"Mobile" - Movable to any designated urea within the Village,
f.• _ _ _ • t . •. .
I • • -r, wi rim a 4 our • •• .
"Established"-Means an established residentially-zoned outlet,
which must be authorized by Council for Commercial use.
"Warehouse"- Means 's. storage building for goods purposed for
resale in the Village or outside the Municipality.
NOW THEREFORE, this Holding Dy-Law read a first, second and third time,
is now herein enacted, ,t
THIS _LI:pay of Zit" 1�J 1'J. / �-�_� �C� �� 5'7�
rKeev` -
CORPORATION OF THE VILLAGE OF PORT BURWELL
BY - LAW # 328
BEING A HOLDING BY-LAW ON LICENSING:
WHEREBY, the Council of the Village of Port Burwell has direction under the
Municipal Act, Section 246, R.S.O. 1977, subject to Sections 357 and 358, for
power to license or prohibit the operation of any trade, business or occupation
within the Village of Port Burwell.
1111/
AND WHEREAS, these include operations outlined for any non-commercially zoned
property in the municipality, such as hobby and handicraft retail outlets;
warehouses for storage or resale goods that may be restored, renovated, re-
serviced and sold for profit; vending operations such as catering or food services,
ice cream and confection stands, souvenirs, bait and fishing equipment sales; fruit
and vegetable stands, other than home grown goods on individual ratepayers' prop-
erties; within the Village of Port Burwell.
AND WHEREAS, the Council of the Village of Port Burwell has two By-Laws and one
invalid By-Law Resolution, presently in force, as follows:
Dated May 1, 1950 - By-Law #20 - Fee for mobile units - $25.00
Dated Feb. 1, 1954 - By-Law #47 - Regulations for Victual Houses - $2.00
Dated Apr. 3, 1961 - By-Law Resolution (invalid) #121 - Mobile Units - $90.00
AND WHEREAS, the above By-Laws contain unrealistic fee schedules and contradictory
aspects, therein;
AND WHEREAS, present licensing is now under revision in the Ontario Legislature
under Bill #105;
AND WHEREAS, some control is required to deter sporadic operations within the
Municipality for the protection of permanent tax-paying commercial operations until
the pending Zoning By-Law approval is maintained to give more definite direction for
commercial allocations;
NOW THEREFORE BE IT RESOLVED THAT THE Council of the Village of Port Burwell hereby
rescinds all Fee Schedules and the above Licensing By-Laws in the categories con-
tained therein, and shall judge or deem each application for a license on an
individual basis, setting the fees and/or terms by individual resolution of Council,
until such time as a new Licensing By-Law can be enacted to cover all aspects re-
quired for the Municipality.
AND WHEREIN, any other Licenses having been issued prior to this date, for the
year 1979 at a $25.00 fee, shall and do retain there validity ONLY if they shall
comply with the terms and provisions set by Council's definitions which apply as
follows:
"Location" - Means as determined at issuance date of License.
"Stationary" - Means set upon a designated area; immovable to another
location. e.g. East OR West Beach Area.
"Mobile" - Means movable to any designated area within the Village.
"Established" - Means an established residentially-zoned outlet, which
I/IILmust be authorized by Council for Commercial use.
"Warehouse" - Means a storage building for goods purposed for resale in
Village or outside the Municipality.
NOW THEREFORE, this Holding By-Law read a first, second and third time, is now
herein enacted,
DATED AT PORT BURWELL
THIS ,aZ DAY of _.L t . 1979.
. ✓ ), e -k . �' ' OP ; ,' 1141
(Reeve
THE MUNICIPALITY OF VILLAGE OF PORT BURWELL
Meeting . Jt'y 25, ,19. 79..
Moved By
That leave be granted to introduce By-law # 328
Seconded Byr001.6.4...40444#
_. .._.
to introduce, By—Law # 328 being a Holding By—Law for Licensing within the Village of
Port Burwell:
and that Bylaw presented herewith QI_be1read a first time.
..
By-law read a / .... time
Moved By - .... .--
/ That By-law now read a first time be read a
/ second time forthwith.
Seconded Bq . ;e' �,?S._-_
By-law read a i —_._-._.t;hast
Mored ByThat By-law now read a second time be read
(-� a third time forthwith.
Seconded By _re/'�:� ,C./ Q_,/ -...---.
By-law read a -_ 1A41 time
4LMoved By ---.
That By-law now read a third time do pass,
be engrossed by the Clerk, and signed and
Seconded By`- /• ,n-=;_� / sealed by the Reeve.
CetA44444 ?
1� 441 4;4,4_
t
•
CORPORATION OF THE VILLAGE OF PORT BURWELL
BY—LAW NUMBER 329
WATER RATES
SCHEDULE "A" TO BY—LAW NUMBER 259
AMENDED EFFECTIVE SE'TEMBER 1, 1979.
III
SERVICE MINIMUM RATE
PER TWO MONTHS
A. DOMESTIC — 5/8.Service •
1. Single Family Dwelling — Flat Rate $ 24.00
2. Multiple Family Dwelling — Flat Rate PER UNIT 24.00
3. Swimming Pool — Flat Rate — CAPACITY ANNUAL 4.00 per 1000 gals.
B. COTTAGE — 5/8 Service — Annual Charge PAYABLE May 1 $ 72.00
-1. Turn Ons (Covers Inspector making two trips) 10.00
2. Additional Trips 5.00 each trip
3. Turn Offs — NO CHARGE —
*, C. COMMERCIAL — Consumption in excess of 3000 gallons d $4.165 $ 12.50 PER MONTH
per 1000 gallons • MINIMUM BILL
.1 '
1
INSPECTION CHARGE . . . . $ 5.00
This includes turn on. If a customer or plumber requests
water to be turned off after Inspection and turned on
again at a later time, an ADDITIONAL $5.00 charge will be
made.
COLLECTION OF DELINQUENT BILLS: — Late Payment Penalty 5 % of monthly bill
If bill to be collected by the Water Superintendent or
official Village official, a charge of $5.00 will be
imposed. If the Superintendent is unable to collect
and water is turned off, a charge of $10.00 will be made
at the time of turn on.
•
API
RATEPAYERS FROM OTHER MUNICIPALITIES USING VILLAGE OF PORT BURWELL
WATER SERVICES:
Customers living outside the Municipality, using Village Water
will pay 1- times the METER RATE. $ 18.75 PER MONTH
MINIMUM BILL
DATED AT PORT BURWELL THIS DAY OF 9--? 1979
Zz....-- ..- ,,,'T --./.:Th,;-...Z:_..., /2.....etyzt1/811/
Clerk FEE/E
THE MUNICIPALITY OF VILLAGE OF PORT BURWELL
Meeting July 25 ,19.7.2..
Moved By Ad: _________.....
- That leave be granted to introduce By-law to # 329
Seconded By Let-
rz
being a ByLaw to amend Schedule "A" to By-Law # 259, effective September 1, 1979
and that Bylaw presented herewith be read a first time.
By-law read a ____-_-._ time
Moved By _.
That Bylaw now read a first time be read a
- second time forthwith.
Seconded By -_-••--_--
y-law read a ___.._._._ time
Moved (Zcz-4G.� •
/, That By-law now read a second time be read
// a third time forthwith.
Seconded By - �E:-a..�.
By-law read a
laeeMoved By
` That By-law now read a third time do pass,
be engrossed by the Clerk, and signed and
Seconded B•• sealed by the Reeve.
VA A
iii/l)P
THE MUNICIPALITY OF VILLAGE OF PORT BURWELL
Meeting November 12, ,19 79
Moved By _..-----.-.--_...-_
/ That leave be granted to introduce By-law #329
Seconded By .-.._L,�s.�4-+-f�..-�_.:.�
Being a By-Law to close, stop-up and sell that portion of Wellington Street
immediately West of Robinson street.
and that Bylaw presented herewith be read a first time.
By-law read a ..-1 ...... time
Moved By ✓. ...CL��. .�---------._--_----
That By-law now read a first time be read a
second time forthwith.
Seconded
By-law read a .2.1c 4, P)-1„01,1,14 /'..-1,v.,
time
Moved By Llidet4- .._• �.._..._�
? That By-law now read a second time be read
L� a third time forthwith.
Seconded By �____. .-:_. , ___ _._
By-law read a ...-___._-._. vJ..--time
Nau � D �0 hi 47 /4r
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.