The URL can be used to link to this page

Home My WebLink AboutPort Burwell By-Laws 197910 0 Port Burwell - Byr--a Laws By -Laws # 300— 329 1977 1979 I-i 4 /3 y- 4 T w ", .1q_D► THE MUNICIPALITY OF VILLAGE OF PORT BURWELL Meeting...Jar'uary.... V. _............ ,19.79.... Moved By ... / y_ .:.__ _. _-_._. / That leave be granted to introduce By-law #319 0Seconded By .-_!t-� ._... ...-- 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-.----_-/--2 . ---- ----------time Moved By ....... Seconded By ?y.Iaw read a •------/.----•-----.time 7 Moved By�.------ Seconded By -------- By-law read a ._._.3-44-time That By-law now read a first time be read a second time forthwith. i That By-law now read a second tizr. a be read a third time forthwith. Moved By That By-law now read a third time do pass, be engrossed by the Clerk, and signed and Seconded By-- -�!_�. �r _. sealed by the Reeve. 9 4V • 4 ENCROACHMENT AGREEMENT By-law Number A by-law to permit JOYCE AILEFM WARD to maintain and use an encroachment upon the road allowance for HOMER STREET. WHEREAS JOYCE AILEEN MRD 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 Burrell, and which are more particularly described in Schedule °A"-nnexed heretoi 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 isomer 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 1978, December 28, , attached hereto, and is hereinafter referred to as the encroachment"; AND WHEREAS Joyce Aileen Ward has petitioned the Council of The Corporation of the Village of Port Rurwell, that she be allowed to maintain and use the said encroachments NOW THEREFORE BE IT ENACTED by the Municipal Council of The Corporation of the Village of Port Burwell as a by-law thereof as followss 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 Vaughan, Ontario Land Surveyor, dated December 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 Hoerr Street shall be removed r,< 00 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 or Port Burwell. ENCROACHMENT AGREEMENT JOHNSTON, DOYLP i PRE?MERGAST, Barristers and Solicitors, 10 Sydenham Street East, Aylmer, Ontario. MP:cn (495-78) 48 S C H E D U L E " A" ALL AND SINMLAR t'^.t certain parcel or tract of lands and premises situate, lying and bpinq in the Village of Port Burwell, in the Township of Dayham, in the County of Elgin, and Province of Ontario, containing by adneasurerent one -fifth (1/5) of an Acre more or less, and being composed of Village Lot Number Fort.v-'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 Fomer Street, according to a rtap or Plan made by Thomas W. Dobbie, rsq., P.L.S., registered in the Registry Office for the Registry Div- ision of Elgin (No. 11), and which said Lot forms Part of Lot Ten (10), in the First Concession of the Township of Sayham. is 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 c6quired by Clause 2 hereof, the some may be removed by the 0 forces of the Village of Port Burwell ane the cost of said removal shall be a first lien upon the Owner's lands abutting on Homer Street and 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 fee 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 CLERK First reading - Second reading - Third reading- , 197/, 11 110 H O M E R awe. 4.4, Inc. a.E' ERt. a. fRAYa SLOG. ENc. I.oJ 101. t • L --o T o I188.65, L 0 T PLAN SHOWING RESIDENCE ON - — - LOT 47 WEST 910E OF CHATHAM STREET REGISTERED PLAN 40 VILLAGE OF PORT BURWELL STREET COUNTY OFELGIN N 89• SS' E L SCALE I" = 20' - N w w RESIDENCE LL 47 W E �o 10 w w w w s C Q NOTE: N q• �� E ENC. DENOTES ENCROACHMENT. I ' Q THIS IS TO CERTIFY THAT THERE ARE NO BUILDING ENCROACHMENTS ON THE ABOVE MENTIONED PARCE EXCEPT THOSE AS NOTED. T 46 1 1 i ST THOMAS, ONT., BRIAN VAUGHAN J � ! NOTE.' DEC 28,19T8 ONTARIO LAND SURVEYOR _ THIS PL AN IS NOT FOR REGISTRY BRIAN VAUGHAN OFFICE PURPOSES r ( ORIGINAL ONTARIO LAND SURVEYORS VO.L.*S. DEC 28, 1979 ST THOMAS, ONT., PO. BOX 6 78•511 D 4 PH. 631-50517 • Form 100 Out. -72 , BY-LAW No. 320............... Z121011b) to authorize the borrowing of s Whereas the Council of the Corporation of the Village of Port Burwell (hereinafter called the "Municipality") deemsit necessary to borrow the surn of $LOC,000.00 to meet, until the taxes are collected, the current expenditures of the Municipality for the year; nheevilatlmatn Refer lt1! to And Whereas the total amount of the estimated revenues of the I., lif torten[ Municipality as' set forth in the estimates adopted for the year 1979 , is year it adopted; P Y P Y rear to ttw' of lot year. 200,000.00 (Dtirtethi, And Whereas the total of amounts heretofore borrowed for the purposes paragraph if not appbcable') mentioned in subsection (1) of Section 332 of The Municipal Act which have not been repaid is S 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 t 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 lurch 1979 .i .., :...x... _� a.: e............. THE H8A F TH8 11N1CIPALITV SEAL ............CLERK....... I hereby certify that the foregoing is a true copy of By-law No. 320 of the Village 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 3rci day of April As Witness the Seal of .Z;�_ the of �q v i ?��.�u� 4 1979 j.......,..c�� t�.....................aie ...... '1q-b2 you 10 00e.42 N BY-LAW No. 320..... _ _. Xj9plef t to authorize the borrowing of S Whereas the Council of the Corporation of the Village of Port Burwell (hereinafter called the "Municipality") deems it necessary to borrow the sum of $1.00,000.00 to meet, until the taxes are collected, the current 8 expenditures of the Municipality for the year; Nora. —Refer And. Whereas the total amount of the estimated revenues of the to t he atimatea for the curve^t Municipality as 'set forth in the estimates adopted for the year 19 Is year if adopted; if not. to thox of last ynr. $ 200,000.00 (Delete this And 'Whereas the total of amounts heretofore borrowed for the purposes paragraph it not mentioned in subsectign (1) of Section 332 of The, Municipal Act which have applicable.) 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 S 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 March 19 79 ...................... , THE HEAD F " UMCIPAUTY CLERK I hereby certify that the foregoing is a true copy of By-law No. 320 . of the Village 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 As Witness the Seal of lam{ Cx� the of Zee' 1979 ..I .............. CLERK THE MUNICIPALITY OF VILLAGE OF PORT BURWELL Meeting.. M4?7c4.. ..... ... .... I ........ .. ,1979.... 4 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 l• nQt��_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---------L. f--------------time n _ Moved By Seconded By �II w read a ----------- e Moved By -.. — Seconded By ! ' .�— ---- By-law read a lime That By-law now read a first time be read a second time forthwith. That By-law now read a second time be read a third time forthwith. Moved B " 0, --, y That By-law now read a third time do pass, be engrossed by the Clerk, and signed and Seconded BY ..�G_ �� su1ed by the Reeve. AL 19-0 SCHEDULE "D" BY-LAW NO. 3 -P/ 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 Rv-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 Province of Ontario now or hereafter enacted, promulgated or amended. 2. rFNERAL 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 but 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. BF,TW7EN: 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. IMEREAS 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 VITNESSETH 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 sane meaning as defined in the !N'aste Disposal Contract which is attached hereto as Schedule "A"; (b) "Annual Contract Price" for a particular year of the Tern shall be the amount which is the aggregate of the following: (i) the amount of the Annual Per Ton Charge for that vear nursuant to the caste 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 Carbage 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 vear of that part of the work set out in the Garbage collection, Removal and Disposal Specifications; (cl) "Annual 'ransfer Station Charge" for a particular year of the Term shall be the amount, determined in accordance with naragraph 3, which the Corporation shall pay to the Contractor in respect of the rontractor's execution and performance in that year of that part of the work set out in the ransfer 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) Carbage Collection, Removal and Disposal Specifications shall mean the Garbage Collection, Removal and Disposal Specifications attached hereto as Schedule 1,B11; (j) "Garbage Receptacle" shall have the same meaning ,as defined in the By-law; (k) "Householder" shall have the page 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, Fconomics and Intergovernmental Affairs; (o) "Site" shall 'lave the same meaning as defined in the Agreement; (p) "Term" shall rean the period between January 1, 1979 and Decenber 31, 1983, both dates inclusive; (q) "Transfer Station" shall mean the transfer station tvoe 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 S in the Township of Bayham in the County of. F1Rin; (r) "Transfer Station Specifications" shall mean Transfer Station Specifications attached hereto as schedule "C"; (a) "work" shall mean all of that work to be performed by the Contractor pursuant to the Waste Disposal Contract, the narbape Collection, Removal and Disnosal Snecifications and the '"ransfer Station Specifications. 2. During the first year of the Term, the Annual Garbage Collection, Removal and Disposal Charge for that first year shall be 56,94n,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 Disnosal Charge for each such year shall be adjusted, either increased or decreased, by reference to the Consumer Price Index and the population of the Corporation in accordance with the following formula: - 3 - $6,940.50 x (Previous Nov. C.P.t.� v (Previous Year's Po ov. . (. F .1. j �Z�37B r P 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 sure of $14,000.00; and in the second and subsequent years of the Term the $14,300.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: $14,000.10 x (Previous "ovembers C.P.I.) :.ovem er 1978 C.P.I. and the amount to he nRid to tie 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 `"unicivalities on the basis of and in the same Orovortion as their respective Populations for the immediately preceding year; and the amount thereof so annortioned 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) —o execute and perforn expeditiously during the Tenn the whole of the -aor'e 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 made upon the Corporation, its officers, servants and agents and from all losses, costs, charges, darnares, liens and expenses which may be paid, sustained or incurred by the Corporation, 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 rtaterial 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. - 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 APreement, 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 (b) 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 near; and the Balance for such year, less all nayments 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 rdmainder of such year, all as further described and set out in Schedule "F". 6. Each of such monthly Payments, less anv monies which the Corporation may he entitled to retain at the time such navr,ents are due, shall be "aid on or before the 15th dal of the "-nth to which it relates; and, in default thereof, the Corporation shall pay interest at the rate of 1*1 "er 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 pay such valid claim and the Contractor shall within two days reimburse the Corporation therefor or the Corporation mav, at its option, withhold From the payment due, sufficient amounts to satisfy the same. 8. The Corporation shall not be 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 - 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 dice 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 5500,000.00. 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 expense, insure and maintain insurance against liability for bodily injury and nronerty damage caused by vehicles not owned by the Contractor and used in the work. Such insurance shall :lave an inclusive limit of at least 5500,000.00. A vehicle shall be as defined in The ':iphway Tra4fic Act. 13. If the Contractor shall neglect or refuse to do any of the .pork 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 hart 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 corny with any reasonable order it may receive °rom the Clerk, or if the Contractor shall persist in the breach of anv 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 `.ave 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 -let the same to any other person or persons with or without its beinx 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 provided, it shall in no wav 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 part 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 price at which the said work, or any portion thereon`, may have been or may be done or completed by the Clerk. 9avment for anv portion of the work called `or by this Contract, shall not he 4ec-ned 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 averts and all workmen and persons emploved Iv 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 emnloyees from any and all liability or expense by way of legal costs or otherwise in respect to any claim or liability under The ►4echanics' Lien Act or for anv attacIvnent 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 assimn, 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 commletion 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 own 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 eorrpetent 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 rox 589, St. Thomas, Ontario N5P 01, or such other address as the Contractor may deeirn ate by written notice, and if Tailed, notice shall be deemed to have been y_iven 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 nrovisions of this Contract, or of anv 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 nlaces 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 be, and shall he ample notice. 21. This Contract and the covenants and conditions herein contained and in the Schedules hereto shall extend to and be binding upon the parties hereto and their respective successors and assigns. IV 1117117SS 14"PFOF the Corporatior. hsq hereunto affixed its Corporate Seal and the Contractor has '-.ereunto affixed its Corporate Beal attested to by the hands of their respective officers duly aut-orized in that behalf. SIGNED, SEALED ANP T)FLIVERFP ) in the presence of: ) THE CORPORATIO" OF THE VILLAGE OF PORT BTIRWF,LI. Execution and delivery of this) Contract by the Corporation is authorized by its gv-law ) 40..3.. 2 enacted the dav) of,�• 9 ) f� ) ST. THOMAS SANITARY COLLECTION SFRVICE LIMITED Pet SCHEDULE "A" THIS WASTE DISPOSAL CONTRACT made as of this lot day, of January, 1979. B E T W E E N: THE CORPORATION OF 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 Nunicipalities"), 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 an behalf of and for the benefit of those local municipalities in the County of Elgin more particularly set out in the Agreement, and re istered 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 an 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 not out as if incorporated into and repeated in this Contract; 2. Pursuant to the Agreement the Local Municipalities hereby jointly and severa�ly agree to dispose of all their Municipal Waste at the Site for a term of 60 months, commencing on the lot 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 Municipalit jointly and severally agree to be bound by all of the terms and conditions set out in the Agreement; 6. Any notice or coassunication 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 ATTENTIONS Clark Township of Bayham. Box 160, #19 Highway, STRAFFORDVILLE, Ontario. N0J 1Y0 ATTENTION: Clark 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 affected 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; (e) 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; (a) 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 Municipalit 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 execution and delivery ) of this Contract has been ; authorized by the l do-,4� — By- law No. passed the day of January) 1979. ) The execution and delivery of this Contract has been ) authorized by the ) By-law No. 73 `� ) passed the �ct day of Ja; " ) 1979. ) The execution and delivery ) of this Contract has been futhorized by the 24�z4'0 /:, 7 • k jai By-law 1b a R` ) ps�Nd the day o? January, ) 1979. THE CORPORATION OF THE TOWNSHIP 0 BAYHAM � Per: C�ZQ'� - '416- l- eve Per: cleric THE CORPORATION OF THE VILLAGE OF VIENNA Par : Per: OUR THE CORPORATION OF THE VILLAGE OF PORT BURWELL Per : C- ev Per: O DATED this 1st day of January. 1979. B F T W E E H: THE CORPORATION OF THE VILLAGE OF VIENNA. THE CORPORATION OF THE VILLAGE OF PORT BURWELL and THE CORPORATION OF THE TOWNSHIP OF BATHAM - 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 collection of Garbage throughout the territorial limits of the Corporation. -B.2- 10. Where a Statutory Holiday would otherwise be made, the following day or at a Clerk and all changes in be approved by the Clerk such changes coming into falls on a day when collection such collection may be made on time satisfactory to the the collection schedule shall and by the Contractor prior to 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 (•od, 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 Carbage 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'v TRANSFER STATION SPECIFICATIONS 1. IT, 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 accoemodate the waste deposited therein. 3. The Contractor will operate and maintain the Transfer Station in.aceordanee with the Em-iironmental 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. S. The Contractor shall maintain, repair and pay all operating coats 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. - 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 pursue t to this Contract between the hours of(d:00 a.m, and 1:00 p.m. on iro ay• eac we 3 so long as such days are neither Ss� Wer er 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 anv 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 Cornoration 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. SCMDULR "n" BY-LAW 'i,- To provide regulations governing the collection and removal of garbage, ashes and other refuse THE COUNCIL OF THF. CORPORATION OF THE VILLAGE OF PORT BURWELL ENACTS AS FOLLOWS: 1. DPFInI TIONS In this lv-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 peroon 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 anneal and vegqetable 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 "P" 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 p02T BURWELL ENACTS AS FOLLOWS: 1. DEFINITIONS In this nv-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 teat, SCHEDULE "D" BY-LAW N7. To provide regulations governing the collection and removal of garbage, ashes and other refuse THE COUNCIL OF THE, CORPORATION OF THE VILLAGF. OF PORT BURWELL ENACTS AS FOLLOWS: 1. DEFINITIONS In this nv-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 versons having a contract with the Corporation for the -'collection, removal and disposal of garbage; a 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 weighin 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, SCHEDULF. "D" BY-LAW NC. To provide regulations governing the collection and removal of garbage, ashes and other refuse THF. COUNCIL OF THF, CORPORATION OF THE VILLAGE OF PORT BURWELL ENACTS AS FOLLOWS: 1. DEFINITIONS In this Iv -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 versons 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. C'PWRAL 2.1 No person shall throw, place or deposit in any park or on any highway within the territorial limits of the Cornoration, 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 DUPLFX 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 Fxcept as provided in Section 5.4. the owner or owners of any apartment house or building, row housing, town -housing or other rmltiple dwelling, shall provide and maintain in good repair sufficient bulk garhage 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 but 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. -DA- 5.5 Notwithstanding the provisions of Section 5.3, every householder occupying a dwelling unit in an apartment house or building, row housing, town- housinp, or other multiple dwelling containing more than 2 dwelling units and less than 12 dwelling units where a common garbage storage but 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 lothing in this by-law shall prohibit or prevent the collector from collecting. removing or disposing of any Qarbage 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•2-r-( day of Czj& t 1979. READ a Third time and Finally passed this.w-.w1 day of 19 1. SCHEDULE "E" BASE YEAR INFORMATION 1978 population of ?ay!iam 4,103. 1978 Population of Dort ';unwell 661. 1978 Population. of Vienna 380. Consumer Price Index for November, 1972 180.1. FIRS"' COITTRACT YFAR: January 1, 1979 to December 31, 1979, inclusive. ANNUAL C0177ACT DRICr 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; (b) Annual Garbape Collection, Removal and Disposal Charge 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 PAYABLE. - as to (a), in accordance with the 11aste 7isnosal Contract. - as to (b) and (c), ($6,90.5n + S1,798.99 - $8,739.49) in equal monthly installments of 5728.29 each on the 15th of each month in 1979. 1. - E.2 - SECOND CONTRACT YEAR: January 1, 1980 to T)ecember 31, 1980, inclusive. ANNUAL CONTRACT PRICE for the Second Contract Year equals aggregate of, (a) Annual Per Ton Charge `or the Second Contract Year determined 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 1997�79Po_p_''__n__ Nov. 1978 Fop -n (c)- Annual Transfer Station Charge for the Second Contract Year - 514,000.00 x C.P.I. Nov. 1979 x 1979 Po 'n C.P.T. . ov, 19 a total po 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 05and (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. THIRD CONTRACT YEAR: January 1, 1981 to December 31, 1981, inclusive. ANNUAL CONTRACT PRICE, for the Third Contract Year equals aggregate of, the (a) Annual Per determined innac ordancerwith herContract Wa• eDisp 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 198_ 0 ov. 1978 T(M Pop'n (c) Annual Transfer Station Charge for the Third Contract Year 514,000.00 x C.P.I. Nov. 1980 x 1980 Po 'n ov. 197M to— taL 1980 too n o 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. J -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. �7ov. 1981 x 1__Q881 �PPol'�'n . . Rov. 1978 1978 Pop (c). Annual Transfer Station Charge,for the Fourth �.ontract Year 514,000.00 x C.P.I. Nov. 1981 x 1981 Po 'n C.P.T. .17ov.—rM tote 1991 popTn of Local Municipalities PAYABLF - as to (a) in accordance with the W49te 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 ane-twelfth of the total of W 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.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 rarbaste Collection, Removal and Disposal Charge for the Fifth Contract Year - 86,940.50 x C.P.I. Nov. 1982 x 1982 Po 'n . : ov, on n (c) Annual Transfer Station Charve for the Fifth Contract Year - $14,000.00 x C.P.I. Nov. 1982 x 1982 PoD'n C. P. I. "ov.-TM total 1182 pop n o Local 'funicipalities 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 (band (c) for the nrevious contract year shall be paid until the calculation is made after which the amount so calculated, leas any nayments made during the year prior to the completion of the calculation, shall be paid in equal monthly installments during the remainder of the year. DATED the 1st day of Januarv, 1979. B F T W E E N: TITF CORPORATION nF 711E VILLAGE OF PO-T BURWELL -and- ST. THOMAS SANITAP.Y COLLECTION SERVICE LI`TITPD raRmm cOLLrmmi Ann nP*1nVAL - ---cONTRACT !JRIr''1T, DAVIES Barristers and Solicitors. Suite 612, 383 Richmond Street, LOtOWT, Ontario. T16A 3C4 -DA- 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 but 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. INCONSISTENT BY-LAWS REPEALED 8.1 By-law No. is hereby repealed. READ a First and Second time this day of G1 1979. READ a Third time and Finally passed this --'day of - 6 u-L , 197 . 1. f DATED this 1st day of January, 1979. B E T W E E 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 WASTE. DISPOSAL CONTRACT WRIGHT, DAVIES Barristers and Solicitors, Suite 612, 383 Richmond Street, LONDON, Ontario. N6A 3C4 0 �b _ L� 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 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 Aq 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 a u l DAY OF y _1979. Vie CLERK FtSEVE THE MUNICIPALITY Or VILLAGE OF PORT BURWELL Meeting ..April....2....... .........I...............919.79 Moved B 6/ / •i.: / f That leave be granted to introduce By-law #322 Seconded By --- -Lfl....... being a By— w 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* and that Bylaw presented herewith be read a first time. By-law read a ------ __...__ .-.time Moved Bycz�z---------.-- --- Seconded By By-law read a -time Moved By Seconded By' .. ��.�j• � By-law read a .___uZ---_--_---time That By-law now read a first time be read a second time forthwith. That Bylaw now read a second time be read a third time forthwith. Moved By .._V.1/_Y..a�l_�-•----- - -- - -- That By-law now read a third time do pass, be engrossed by the Clerk, and signed and Seconded By - sealed by the Reeve. CORPORATION OF THE VILLAGE OF PORT BURWELL BY—LAW 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 DAY OF , �f l979. CLERK 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 tens of the contract; be hereby approved. 2. That the Reeve and Clerk be and are hereby authorized to execute the aforesaid Agreement with Schedule Aq 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, 1 1979. - - - CLERK 'I:H FOPM AB—PR-17A . • REV. MAY 1973 BY-LAW NUMBER :,73 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. O. 1970, Chapt� 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 B[IRWir.i, 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 7, day of <<�-,� f 19 Z . (SEAL) FORM *AB—PR-17A • • btEV. 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 T) OF Elgi n Designated Route: Pursuant to an agreement dated the7th day of May 1960 hereinafter called the agreement made between the Minister and the Corporation of the Village Of Pnrt, RurwP11 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): 10' OF STORM SEWER ON E RIEUS 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 $ 697-L], (h) Total estimated cost of construction to be shared $ 11,302.56 (i) Minister's share (100016) $ 11,302.56 FORM AB-PR-17A REV. MAY 1973 (j) Estimated annual expenditure of Minister's share for fiscal year(s): April lst, 19 79 to March 31st, 19 80 $11,302.56 April 1st, 19 —to March 31st, 19 _ $ April 1st, 1� _ to March 31st, 19 _ $ April 1st, 19 —to March 31st, 19 _ $ $11j302.56 It is understood that the estimated cost is based on the best information availableat the time of subn-,l 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. 0 This proposal is hereby submitted this day of i��. /19 by or on behalf of the Corporation of the Village of Port Burwell (SEAL) Reeve er 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) 9 ® era TranfpOrtaiOon and Con"UnIcaoons Ontano CONNECTING LINK in dw VILLAGE of PORT BURWELL being EraNis Straat from UNION STREET to STRACHAN STREET DETAILS OF CONSTRUCTION GESTIMATED ROSS COST SHAREABLE UNDER C.L. AGREEMENT (CHARGEABLEUNDER PART X OF THE ACT CHARGEABLE TO CORPORATION CHARGEABLE TO OTHERS' EXPLANATION Supply and Place 24" C.S.P. 1-10 L.F. ® $13.50 per I.F. 1,485,00 1,485.00 Supply and Place 30" C.S.P. 400 L.F. 0 $17.00 per L.F. 6 ,800.00 6,120.00 680.00 Formula Place 3' X 3' Catch Basin 900.00 900.00 3 each 0 $300.00 ea. Supply 2' X 2" Frames and Grates 375.00 375.00 3 each @ $125.00 ea. Break into Catch Basin 150.00 150.00 Lump Sum Granular "A^ 375.00 375.00 75 tons 0 $5.0( per ton Trim and Seed 500.00 500.00 Lump Sum Contingency Allowance 1,115,00 1 11 .00 11,700600 11,020.00 680.00 SUB —TOTAL Engineering and Surveys 300.00 282.56 13.44 C.L 11'020 X $300.00 11,700 TOTAL 12,000.00 11,302.56 697." This project will be constructed by Elgin County Day Labour Forces on behalf of the Village of to odlen c s Loco Irrtp►ovcntnr Act. Raih.vy Grade crnsana Fund. Public se,.ice wa.,tr on trwryAct, etr: port Burwell. Any increase or decrease in the AB-PA-3 Estimated Cost ($12,000) will be pro -rated against each item shown above including Engineering & Surveys upon completion of the project. %! THE MUNICIPALITY OF VILLAGE OF PORT BURWELL Meeting .Marcr-2dr,..1.9.79 ..... ... ..... .. . ,19. ..... Moved By That leave be granted to introduce By-law .3-� 3 Seconded By �...5.� 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 ........./ .................time Moved By _ �!` P��..�t�yr ...._........_....._. Seconded By By-law read a ........ .�.-r- ._._...----•time Moved By Seconded By - ------------ ------- _........ -law read a ._ ..-time That By-law now read a first time 1,e read a second time forthwith. That By-law now read a second time be read a third time forthwith. il Moved By - That By-law now read a third time do � Pam, be engrossed by the Clerk, and signed and Seconded By sealed by the Reeve. 41 Ontario Ministry of Transportation and Communications 659 Exeter Road (Hwy.135) Box 5338, London,Ontario N6A 5H2 681-1441 1979 05 23. Mrs. G. Foster, Clerk, Village of Burwell, Box 299, PORT BURW,=, Ontario. NOJ 1TO 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 ta.sic 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 Regi6nal Director, Southwestern Region. EJMCC/jw Encl. THE MUNICIPALITY OF VILLAGE OF PORT BURWELL Meeting MovedBy ........ . . --.......................... That leave be granted to introduce By-law %� H Seconded By •---�-�=.....---------•-- 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: 157.8ll Separate Residential: 142e733 Separate Commercial: 1979 Tax Instalments are due Friday, June 15th, Monday, Sept. 17t and Thursday, Nov. 15the 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 Moved By - ...... flC . sue:/ - - Seconded B .�1_----•-••---._..---•--........ By-law read a ......... ._._........ time That By-law now read a first time be read a second time forthwith. Moved By Seconded By _..-----•------------.: ... That Bylaw now read a second time be read ��•�----- ----- -- ----- a third time forthwith. By-law read a Moved By ti =1 .R ....• -•- That By-law now read a third time do pass, :::be engrossed by the Clerk, and signed and Seconded B"'Z _._ sealed by the Reeve. • r 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 Y • 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 -t' 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 13135 Tax roll 111,643 $ 218,933 • VILLAGE OF PORT BURWELL 1979 BUDGET Expenditure Reeve and council General administrative Fire - salaries, material, utilities - reserve for truck replacement Conservation authority Protective inspections Flood control - erosion debenture - erosion cost Roadways - salaries, materials, utilities (including Strachan drain) Street lighting - power and maintenance - new lights Garbage Parks and recreation - grant - salaries - day camp Planning and zoning Maintenance of buildings - library (including new roof $800) - police Tractor - balance of purchase price Education County $ 5,300 lO Z90 3 23,000 ay I W 7,300 11 911•SG 2t30 ; zoo uc 945 9N7.00 1,600 7;878 4,303 50,600 tj 2,800 1,200 10,000 %0399.00 1,200 zo�,po 2,400 200 1,350 zt89,b�i 1,300 800 12,000 136,476 60,247 '171, 00 22,210 %9 32%.l00 $ 218,933 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 By —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; All of lots 21, 22, 23, 24 and 25 west of Howard Street, and Part of 46 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 111R-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 11i -990. thereof. This by -Law shall take effect on the date of the final passing Read a third time and finally passed thisday of tc� �- A. D. 1979. C LERK- 7'1:&-y5uKe/t /Ca 4L • THE MUNICIPALITY OF VILLAGE OF PORT BURWELL Ak Ju P Meeting v..........................19.19.. Moved By That leave be granted to introduce By-law # 325 Seconded By ; L.f�.. ....... _....... ----------- -- 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 ........iuJ---.-__...-_.__-time Moved By ti: Seconded By By-law read a ---------- Moved By C�a e: - ----------------------- Seconded By_'_. ---- By-law read a time That By-law now read a first time be read a second time forthwith. That By-law now read a second time be read a third time forthwith. Moved By ��'��` 111 " _ s--------- That By-law now read a third time do pass, be engrossed by the Clerk, and signed and Seconded By . ��.s. ._._ __.. sealed by the Reeve. a 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. Cleric L' Reeve THE MUNICIPALITY OF VILLAGE OF PORT BURWELL Meeting . Juue..25.............................19.7.%... Moved By �- That leave be granted to introduce By-law #326 Seconded By 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 ------- 1..s4----_.._.__._.time L4� MovedBy _ ....._ .... �...... .._..._.. Seconded By Btdaw road a _..a►a _ .time %J T Moved By --------` J)-::�I Seconded By ._:-(�s`. _ - By-law read a --.._3e_ -__time MovedBy .__ ....... _...-.----•--•-_-_._. Seconded By ..--- _.._._......._._.._ lb That By-law now read a first time be read a second time forthwith. That Bylaw now read a second time be read a third time forthwith. That By-law now read a third time do pass, be engrossed by the Clerk, and signed and sealed by the Reeve. c fr. .',�� J;: .��► _ .ram! THE MUNICIPALITY OF VILLAGE OF PORT BURWELL _ Meeting.. ................. ,19.1 i Moved By ._.._- ------ That leave be granted to introduce By-law to s 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 ......... J.1.4........ -.._.time Moved B7 Seconded By ._.� 5�...��--------------•----- _ _ - B -law read a ---------- •-- ------ -time Moved By Seconded By Moved By 0 By-law read a .---.-.__...-.-----------.—time That By-law now read a first time be read a second time forthwith. rttVVJ4 a &re That By-law now read a second time be read a third time forthwith. That By-law now read a third time do pass, be engrossed by the Clerk, and signed and sealed by the Reeve. ix>11«P�.IttEze�-- -BARRISTER. SOLICITOR. NOTARY 16 METCALFE ST. ST. THOMAS, ONTARIO N5R 3J9 TELEPHONE (519) 633-3500 12 February, 197q 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 qrantinq of the right to construct and operate works for the distribution of qas 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 readinqs as required by make the same a by-law. The matter will then no before the Ontario Eneray 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 dispensina 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. Zry, LAKE EW Enclosures (2) P.S. Would you kindly fill in Corporate names and By-law numbers. 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 works for the transmission and distribution of oas 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 aas 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 engaaed in the business of producing, 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 arant it a franchise or right to lay down, maintain and use pipes and other necessaryworks for the transmission and distribution of gas 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 gas 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. BE IT THEREFORE ENACTED by the Council of The Corporation of the Village of Port Burwell as follows: 1. Full riaht, power, permission, consent and authority of the Municipality is hereby given, granted, conferred and assured - 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 qas on, in, under, alona or across any highway under the jurisdiction of the Council of the Municipality includinq therein 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, throuqh, 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, requlators, 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 qas in and through the Municipality and for a qas distribution system and any extension or extensions from time to time thereto and toqether with the further riaht from time to time and at any time to enter upon, open up, diq, 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 qas transmission and distribution system in the Municipality and to transmit nas in and through the Municipality and to provide aas service to any resident or residents of the Municipality, and to brinq in, transmit, produce, distribute, supply and sell qas in and throuqh 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 qood engineerinq and construction practices. Except in case of emergency: (a) no excavation, openina or work (exclusive of service connections from the street main to the Is 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 actinq in his stead - Page 3 - in the event of his absence from duty), such notice to be 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 layino or installing any new (or renewal) mains, pipes, lines and works (exclusive of service connections from the street main to the property line), the Company shall first file with the said officer 10 of the Municipality a preliminary map or plan showing what it proposes to lay or install and the proposed location thereof and shall also check with and obtain the written approval of the said officer of the Municipality as to such proposed location. Not later than three months after the close o.f each of its fiscal years,the Company shall file with the Clerk of the flunicipalty, 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 highway. All lines and works constructed by the Company shall be so constructed as when completed not to obstruct or interfere with or render more difficult or dangerous the use of the highway or any municipal sewers, water pipes, drains, bridges, culverts or ditches thereon 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 Is 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 - 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 00 the 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 (b) 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 bear, suffer or be put to by reason of any damage to property or injury to persons caused by the construction, repair, maintenance, removal or operation by the Company of any of its mains, pipes, lines or works in the Municipality unless such loss, damage, injury or expense is occasioned by Act of Cod 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 charged and paid for gas sold by the Company in the Municipality and the meter rentals and other 40 charges, if any, to be paid by ultimate consumers of qas in the Municipality, shall be such as shall from time to time be fixed by Order of the Ontario Energy Board or other rate -fixing Body having jurisdiction in such matters. 9. The rights and privileges, duties and obligations arising out of this By-law and the Agreement hereinafter referred to shall be subject to the 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 aeneral.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 paraoraph 13 hereof and executed by the Company and the Municipality. 11. In this by-law: "Gas" means natural gas, manufactured gas or any liquified petroleum gas, and includes any mixtures of natural gas, manufactured gas or liquified petroleum gas, but does not include a liquified petroleum gas that is distributed by a means other than a pipeline. "Highway" or Highways" mean and include a common and public highway, lane, alley, street, avenue, boulevard, parkway, driveway, square, sidewalk, bridge, or trestle place, viaduct and any other structure incidental thereto, now or at any time durinq 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 nas 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 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 niven 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 (b) the terms and conditions upon which and the period for which the rights andprivileges granted to the Company by this By-law have been approved by the Ontario Energy Board, but the rights and privileaes 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 t 1979• isREAD A THIRD TIME AND FINALLY PASSED THIS DAY OF 1 19 AGREEMENT made (in duplicate) this 28thday • f May 1 979 B E T W E F N: A N D THE CORPORATION OF THE VILLAGE OF PORT BURV:ELL hereinafter called the "Corporation" of the FIRST PART 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 qas 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 Enerqy 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. AND WHEREAS it is provided in the said By-law that the rights and privileges qranted to the Company shall take effect only upon the Company and the Corporation executing and delivering 1. 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. 40 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 in the presence of is THE CORPORATION OF THE VILI:AGE OF PORT FIRWFLL Per: THE MEDINA NATURAL GAS COMPANY LIMITED Per: &MICP P- P lake, �Gjc-p- BARRISTER. SOLICITOR. NOTARY 16 METCALFE 6T. ST. THOMAS, ONTARIO NSR 3J9 TELEPHONE (519) 633-5500 A 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. immediate attention. I would ask that you give this matter your CJ You uly, BRUCE H. BLAKE CORPORATION OF Til" V i ul Avi. OF PUNT BURWELL BY - LAW d IA8' BEIi,G 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 Jurwell. AND WHEREAS, the Council of the Village of Port Burwell has two By - Laws and one invalid i3y-Law aesolution, presently in force, as fol- lows: Dated May 1, 1950 - :3y-Lad+ ;r20 - Fee for mobile units - $25.00 Dated Feb.l, 1954 - Jy-Law jf47 - Regulations for Victual Houses - $2.00 Dated Apr.3, 1961 - By -Law itesol.ution (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 Jill #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, 3y-Law approval is maintained to give more definite direction for commercial allocations; NOW THEREFORE BE IT RE3OLVLL 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 berms by individual resolution of Council, until such time as a new Licensing; .3y-Law can be enacted to cover all aspects required for the Municipality. AND WH12EI:I, any other Licer.scu havini; 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" - ilovable to any designated area within the Village, "Established"-Mleans an established residentially -zoned outlet; which raupt be authorized by Council for Commercial use. 117larehouse"- 1.1eans ,a storage building for goods purposed for resale in the Village or outside the Municipality. N,OW THEREFOLL, this Holding; i3y-Law read a first, second and third time, is now herein enacted, THIS _2.S Day of 11J 1'J. `' 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. 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. 31 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 must 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 ,ZJZ DAY of �.i t . 1979. Reeve THE MUNICIPALITY OF VILLAGE OF PORT BURWEL_ Meeting ..J4y....25, ... ... .............. 119. 79.. Moved By . r That leave be granted to introduce By-law # 328 Seconded By _.............. _..._. ---•- to introduce By --Law # 328 being a Holding By —Law for Licensing within the Village of Port Burwell. and that Bylaw presented herewith be read a first time. By-law read a---------t 9—I_...... time Moved By r.. L-._.. .... r Seconded By - ----- .... ...... ---- --`sue By-law read a ---------- That By-law now read a first time be read a second time forthwith. Moved By That Bylaw now read a second time be read a third time forthwith. Seconded By By-law read a .—3AJ--time Moved By Seconded By That By-law now read a third time do pass, be engrossed by the Clerk, and signed and sealed by the Reeve. CORPORATION OF THE VILLAGE OF PORT BURWELL BY—LAW NUMBER 329 WATER RATES SCHEDULE "A" TO BY—LAW NUMBER 259 0 AMENDED EFFECTIVE SEPTEMBER 1, 1979. SERVICE A. DOMESTIC — 5/8.Service 1. Single Family Dwelling — Flat Rate 2. Multiple Family Dwelling — Flat Rate PER UNIT 3. Swimming Pool — Flat Rate — CAPACITY ANNUAL B. COTTAGE — 5/8 Service — Annual Charge PAYABLE May 1 -1. Turn Ons (Covers Inspector making two trips) 2. Additional Trips 3. Turn Offs — NO CHARGE C. COMMERCIAL — Consumption in excess of 3000 gallons d $4.165 per 1000 gallons MINIMUM RATE PER TWO MONTHS $ 24.00 24.00 4.00 per 1000 gals. $ 72.00 10.00 5.00 each trip $ 12.50 PER MONTH MINIMUM BILL INSPECTION CHARGE 0 0 0 0 0 $ 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. RATEPAYERS FROM OTHER MUNICIPALITIES USING VILLAGE OF PORT BURWELL WATER SERVICES: Customers living outside the Munipipality, using Village Water will pay l-j times the METER RATE. $ 18.75 PER MONTH MINIMUM BILL DATED AT PORT BURWELL THIS 2.j DAY OF 1979 Clerk THE MUNICIPALITY OF VILLAGE OF PORT BURWELL Meeting ....Ju?y.25. ,19.7.E .. Moved ByThat leave be granted to introduce By-law to # 329 2� SecondedBY ......................................... ........... .......... 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 B That Bylaw now read a first time be read a second time forthwith. Seconded By _ !/�----------------- --- K y-law read a ------------ ---•--- -------- time Moved By That By-law now read a second time be read a third time forthwith. Seconded By..�. By-law read a time Moved By --_ ..0 .. - - ` -`-�...... ` That By-law now read a third time do pass, be engrossed by the Clerk, and signed and Seconded B••--.___._..._� �_..__ _ sealed by the Reeve. V� � THE MUNICIPALITY OF VILLAGE OF PORT BURWELL Meeting November 127 79 Moved By // That leave be granted to introduce By-law #329 Seoouded By ._.._L,�_c.�-+-fc-�_.:............ .._......_.......-. 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 .time Moved B, _✓.... ��.�_._.._..._ _ - Seconded - By -law read a Moved By Seoonded By By-law read a Moved B5 That By-law now read a first time be read a second time forthwith. That By-law now read a second time be read a third time forthwith. ___ �/du:;� D *c T A/''v'6�- That By-law now read a third time do pass, be engrossed by the Clerk, and signed and sealed by the Reeve.