HomeMy WebLinkAboutPort Burwell By-Laws 1981Port Burwell
By� Laws
•
By -Laws
# 330- 374
1980 1981
THE CORPORATION OF
THE VILLAGE OF PORT BUR' -TELL
BYLAW #$55—
A By -Law to authorize the execution of
an agreement with the Minister of the
Environment for the reconstruction of
portions of certain streets within the
village of Port Burwell
WHEREAS the Corporation of the Village of Port Burwell on August 28, 1980,
entered into an agreement with Her Majesty the Queen in right of Ontario
as represented by the Minister of the Environment for the provision of sewage
service to the municipality;
AND WHEREAS the Corporation of the Village of Port Burwell desires to execute
another agreement with Her Majesty the Queen in right of Ontario as represented
by the Minister of the Environment in accordance with the Schedule attached
to this By Law, for the reconstruction of the road base and installation of
hot mix asphalt pavement, curbs, sub -drainage and storm sewer and drainage
works on portions of certain streets situated within the Village of Port
Burwell;
AND WHEREAS the cost of such road reconstruction work is presently estimated
to be approximately $400,000, which is expected to be recovered by the Corporation
of the Village of Port Burwell as a grant form the Ministry of Transportation
and Communications under a spearate Construction Connecting Link Agreement
with the Ministry of Transportation & Communications;
NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE VILLAGE OF PORT BURWELL
ENACTS AS FOLLOWS:
1. THAT the Corporation of the Village of
Port Burwell enter into and execute
an agreement with Her Majesty the Queen
in right of Ontario as represented by the
Minister of the Environment for the re-
construction of portions of certain streets
situated within the municipality, the said
agreement being Schedule 'A' attached to this
By Law.
2. THE Reeve and Clerk are hereby authorized and
directed to execute the said agreement in the
form here to atttached as Schedule 'A'
i9i / N
READ A FIRST AND SECOND TIME this /,7/day of �ac�j
i
READ A THIRD TIME AND FINALLY PASSED this/,7'�day of 1�>u�•�, t98@.
REEVE V
CIMK V
L
�j SCHEDULE "A" TO BY-LAW NO. OF THE
+ CORPORATION OF THE VILLAGE OF PORT BURWELL
t
THIS AGREEMENT made in triplicate this day of
1980
BETWEEN: THE CORPORATION OF THE VILLAGE
OF PORT BURWELL
hereinafter called the "Municipality"
The party of the First Part,
- and -
HER MAJESTY THE QUEEN IN RIGHT OF ONTARIO
AS REPRESENTED BY
THE MINISTER OF THE ENVIRONMENT
(hereinafter called the "Crown")
_The party of the Second Part,
WHEREAS the Corporation of the Village of Port Burwell
on August 28, 1980, entered into an agreement with the Crown
for the provision of sewage service to the municipality,
(hereinafter referred to as the "Sewage Service Agreement");
AND WHEREAS the Municipality wishes to reconstruct the
road base and improve the sub -drainage on portions of roads
within the geographical limits of the Corporation of the
Village of Port Burwell and to insall curbs and provide for
hot mix asphalt pavement on the full travelled width of the
roads in question, (hereinafter referred to as the "Road
Works");
AND WHEREAS the Municipality has requested the Crown
to undertake the proposed Road Works in conjunction with the
construction of the sewage works being carried out in connection
with the Sewage Service Agreement.
AND WHEREAS the Council of the Village of Port Burwell
on the day of , 1980, passed By-law No.
authorizing the Municipality to enter into an agreement with the
Crown for the purpose of completing the Road Works, upon the
terms and conditions hereinafter set out;
2.
NOW THEREFORE THIS AGREEMENT WITNESSETH that under
subsection (la) of Section 17 and Section A of The Ontario
Water Resources Act the parties hereto in consideration -of the
covenants, terms and conditions hereinafter set forth, covenant
and agree with each other as follows:
1. In this Agreement:
(a) "Consulting, Engineer" means Giffels
Associates Ltd., which has been appointed
by the Crown to act as Agent of the Engineer,
or any other Consultant which may subsequently
be appointed by the Crown in connection with
the Sewage Service Agreement to carry out
the supervision of the Construction Contract.
(b) "Construction Contract" means the Contract
between the Crown and the Contractor (here-
in after referred to as the "Contractor")
engaged by the Crown to construct the facilities
under the Sewage Service Agreement and under
this agreement.
(c) "Engineer" means the person from time to time
acting as Engineer pursuant to the Construction
Contract.
(d) "Road Reconstruction" means the removal of
existing pavement, excavation of the existing
roads, down to firm clay sub -grade, and the
installation of tile sub -drainage, storm
sewer, and drainage works, granular sub -base,
granular base and hot mix asphalt pavement
on the full travelled width of portions of
certain roads situated within the Municipality
as specified in Schedule "A" attached hereto.
a
iI
I (e) "Sewage Works" means those sanitary sewers
iii to be constructed under the Sewage Service
Agreement.
2. ENGINEER'S APPROVAL
Subject to the approval of the Engineer, the
�! ("onsulting Engincer shall determine all matters in
�I connection with apportioning or determining costs
and savings hereunder in his discretion.
i
j 3. THE CONSULTING ENGINEER
!� The Consulting Engineer shall act as the Municipality's
Agent.for both the design and preparation of contract
i'! documents including -specifications and drawings, for
,
i
the Road Works, and also the supervision of construction
of the Road Works under the Construction Contract, and
he is hereby so appointed by the Municipality,
E�
i
t� 4. CONTRACT DOCUMENTS
a) The drawings and specifications for the Road Works
to be incorporated into the Construction Contract
shall conform and comply with the standards required
by the Ministry of Transportation and Communications.
b) The cost of the engineering design including the
preparation of contract documents, drawings and a
final tender report in respect of the Road Works
shall be borne by the Municipality and shall be in
accordance with the Schedule of Fees for design
of Road Works as accepted by the Ministry of
Transportation and Communications:
5. THE ENGINEER
Construction of Road Works incorporated into the
Construction Contract shall be under the supervision
of the Engineer, provided that:
a) No works shall be authorized under the Road
Works portion of the contract without the
approval of the Engineer and the Municipality
as represented by the Consultina Engineer.
b) Payment Certificates, invoices of the
Consulting Engineer and change orders
relating to Road Works prepared by the
4.
Consulting Engineer, shall be forwarded to the
Engineer for approval and payment, or approval
as the case may be,
c) The Consulting Engineer shall give approval of
the completed Road Works prior to final acceptance
of the Engineer.
6.LETTER OF CREDIT
a) If requested by the Engineer, in his discretion,
the Municipality shall furnish an irrevocable
Letter of Credit in such amount as may be det-
ermined and required by the Engineer, issued
by a Chartered Bank in Canada in a form approved
by the Engineer, to be held as a guarantee
that the Municipality will fulfill all the terms
and conditions of this agreement.
b) The Engineer need not mitt .)rize commencing or
completing the Road Works if the Crown does not
receive a Letter of Credit required under sub-
section a), when requested.
7. LIABILITY INSURANCE
a) The Crown shall require its Contractor to take out
and keep in force until the date of acceptance
of the entire work by the Engineer, a compre-
hensive policy of public liability and property
damage insurance acceptable to the Engineer pro-
viding insurance coverage in respect of any one
occurrence to a limit of at least $500,000.00
exclusive of interest, against loss or damage
resulting from bodily injury to or death of
one or more persons and loss or damage to
property and such policy shall name the Mun-
icipality as additional insured thereunder and
:1
shall protect the Municipality against
claims for damage or indury including death
to any person or persons and for damage to
any property of the Municipality or any other
public or private property resulting from or
arising out of any negligence on the part of
the Contractor and its servants, agents and sub-
contractors during the carrying out of the
Construction Contract, and the Contractor shall
forward certified copies of the policy or
certificates thereof to the Municipality.
b) The Municipality shall be responsible for
satisfying itself as to the adequacy of any
insurance policy.
•
8.CONSTRUCTION SUPERVISION
a) The cost of construction supervision for the
Sewage Works shall be borne by the Crown in
accordance with the agreement between the
Crown and the Consulting Engineer dated 23th
of October, 1980.
b) The cost of the consturction supervision for
Road Works shallbe borne by the Municipality
c) When the construction supervision is common
to both Sewage Works and Road Works the cost
of such supervision shall be shared pro rata
between the Crown and the Municipality in
proportion to the respective costs of con-
struction and as agreed from time to time
between the Consulting Engineer and the Engineer.
9.PAYMENTS TO CONTRACTOR BY THE CROWN
a) Progress Payment Certificates shall be prepared
by the Consulting Engineer monthly while the
works are under construction and shall show
separately the works completed, holdbacks and
amounts due to the Contractor for the construc-
tion of the Sewage Works and Road Works.
14,
b)
The portion of the payment certificate applicable to
the Road Works shall be approved by the Consulting
Engineer on behalf of the Municipality prior to its
issuance by the Crown to the Contractor as specified
in paragraph c) of clause 9.
c)
The Crown shall, in each month commencing the month
following commencement of construction, issue a monthly
payment certificate in favour of the Contractoi for the
materials supplied and the works completed in the con-
struction of both the Sewage Works and the Road Works
during the month prior to the date of such issuance.
10. PAYMEtJTS TO THE CROWN BY THE MUNICIPALITY
a)
The Crown shall, in each month commencing the
month following commencement of construction of the
Road Works, issue a monthly invoice based on the pro-
ijj
gress payment certificates and the Consulting Engineer's
t
invoices issued to date, by prepaid first class mail
i�
i
to the Municipality for the Road Works completed under
t!
the Crown's contract with the Contractor.
b)
The amount payable by the Municipality shall be equal
to the full cost of the Road Reconstruction costs and
related supervision costs including the cost of in-
surance for the portion of Road Works applicable to
the invoice, and any interest accrued during construction.
c)
The Municipality shall pay to the Crown the amount of
the invoice within ten (10) days of the date of mailing
thereof; by cheque made payable to the Treasurer of
Ontario.
d)
The mailing of an invoice in a envelope addressed to
the Municipality shall constitute delivery of t:ze in-
voice to the Municipality.
e)
Any amount due and payable by the Municipality to the
Crown, after ten (10) days from the date of mailing
of the invoice to the Municipality, together with
interest thereon after default may be recovered
with costs in a court of eompetent jurisdiction as a
debt due to the Crown by the Municipality.
11. CANCELLATION OF AGREEMENT BY THE MUNICIPALITY
At any time prior to the date on which the tender
for the construction of the Sewage Works is first
advertised, the Municipality may by notice in writing
delivered to the Crown by registered mail terminate
its obligations hereunder; however it is agreed and
understood by the parties hereto that the Munici-
pality shall reimburse the Crown for all costs in-
curred by the Crown in pursuance of its obligations
under this agreement, upon such reasonable terms and
conditions as the*Crown in its discretion may decide upon.
16
• 7. •
12. TEND BIDS
G ! The Crown may accept the lowest tender or any
tender if its is, in the discretion of the Crown,
(,
acceptable even if it does not contain the e lowest
fi tender prices for the Road Works. The Crown may
also reject any or all tenders.
i�
;! 13. DISPUTES
The Engineer and the Consulting Engineer shall
decide together the manner in which costs are to
be shared and, in the event of a dispute, the
question shall be submitted to arbitration
!� pursuant to the Arbitrations Act, R.S.O. 1970,
c. 25. as amended.
14. The Municipality hereby releases, discharges and
cdven-ants and agrees at all times to indemnify and
save harmless the Crown from and against all claims,
including:
a) all claims from property damage or injuries
including injuries resulting in death to any
property or person or persons and any consequential
damages arising from such damage or injury;
b) all claims, actions and awards under the Work-
men's Compensation Act or similar Acts;
c) all demands, liability, loss, costs, damages,
expense, compensation, awards or payments of
every kind or nature whatsoever, and all actions,
suits or proceedings of every kind or nature
whatsoever, by whomsoever incurred, sustained,
suffered, made paid, brought or taken;
and in any manner connected with, caused by or
attributable to the entry into this agreement, the
performance or the failure to perform the terms
and conditions hereof, or the design, construction
of operation of the Works (except to the extent
that the Crown is indemnified under a policy of
insurance part or all, of the premiums of which
are charged to the Municipality by the Crown
pursuant to this agreement) and whether such claim
be caused by or attributable to the negligence of
the Crown or its officers, agents, servants or
employees or otherwise.
1.
• 8. 0
15. This agreement is subject to the provisions as
they may be made, issued or amended from time to
time of The Ontario Water Resources Act and the reg-
ulations made thereunder.
16. This agreement contains the entire agreement
between the parties hereto with reference to the
subject matter hereof, shall not be altered or
amended except by an agreement in writng duly
executed by the parties hereto, shall enure to the
benefit of and be binding upon the parties hereto
and their successors, and shall not be assigned
in whole or in part.
IN WITNESS WHEREOF the Crown and the Municipality
have caused this Agreement to be duly executed by
affixing the signature of the Minister of the
Environment and the Corporate Seal of the Municipality
attested by the signatures of its proper officers,
duly authorized in that behalf.
THE CORPORATION OF THE VILLAGE
OF PORT BURWELL
Reeve
Clerk
HER MAJESTY THE QUEEN IN RIGHT
OF ONTARIO
AS REPRESENTED BY
THE MINISTER OF THE ENVIRONMENT
a
•
6
SCHEDULE "A" TO THE AGREEMENT MADE BETWEEN
THE CROWN AND THE CORPORATION OF THE VILLAGE
OF PORT BURWELL DATED THIS DAY OF 1980
List of roads on which existing pavement to be removed
and excavated to subgrade and provided with granular sub-
base, granular base, tile sub -drainage, and storm sewer and
drainage works, curbs and hot mix asphalt pavement for the
full travelled width:
Street
1) On Erieaus Street
(for a distance of
approx. 560 m )
2) On Robinson Street
(for distance of
approx: 400 m)
From To
Village limit Union Street
at Highway No. 19
& Victoria Street
Wellington.Street Shore of Lake
Erie
1.
i
THE COI%PGRATION OF
THE VILLAGE OF PORT BUI;,,ELL
BY uw
A By -Law to authorize the execution of
an agreement with the Minister of the
Environment for the reconstruction of
portions of certain streets within the
village of Port Burwell
.1: E
MELD a�-
a
WHEREAS the Corporation of the Village of Port Burwell on August 28, 1980,
entered into an, agreement with Her Majesty the Queen in right of Ontario
as represented by the Minister of the Environment for the provision of sewage
service to the municipality;
AND WHEREAS the Corporation of the Village of Port Burwell desires to execute
another agreement with Her Majesty the Queen in right of Ontario as represented
by the Minister of the Environment in accordance with the Schedule attached
to this By Law, for the reconstruction of the road base and installation of
hot mix asphalt pavement, curbs, sub -drainage and storm sewer and drainage
works on portions of certain streets situated within the Village of Port
Burwell;
AND WHEREAS the cost of such road reconstruction work is presently estimated
to be approximately $400,000, which is expected to be recovered by the Corporation
of the Village of Port Burwell as a grant form the Ministry of Transportation
and Communications under a spearate Construction Connecting Link Agreement
with the Ministry of Transportation & Communications;
NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE VILLAGE OF PORT BURWELL
ENACTS AS FOLLOWS:
1. THAT the Corporation of the Village of
Port Burwell enter into and execute
an agreement with Her Majesty the Queen
in right of Ontario as represented by the
Minister of the Environment for the re-
construction of portions of certain streets
situated within the municipality, the said
agreement being Schedule 'A' attached to this
By Law.
2. THE Reeve and Clerk are hereby authorized and
directed to execute the said agreement in the
form here to atttached as Schedule 'A'
READ A FIRST AND SECOND TIME this day of
READ A THIRD TIME AND FINALLY PASSED this;;"fday of rg6fi.
Certified to be a true and correct copy of
By Law passed by the Council of the Village
of Port Burwell on 12 January, 1981.
R.G. LaCroix, Clerk
IL
• CLERIC
S __
SCfiF,DULE "A" TO BY-LAW NO. Z55 OF THE*
CORPORATION OF Tim: VILLAGE^ OF PORT BURWELL
THIS AGRUMF:NT made in triplicate this 5'k d v of
19 8 /
BETWEEN: THE CORPORATION OF THE VILLAGE
OF PORT BURWELL
Thereinafter called the "Municipality
I The party of the First Part,
- and -
TIER MAJESTY THE QUEEN IN RIGHT OF ONTARIO
AS REPRESENTED BY
THE MINISTER OF THE ENVIRbNMENT
( ereinafter called the�Crown')
The party of the Second Part,
WHEREAS the Corporation of the Village of Port Burwell
on Auqust 28, 1980, entered into an agreement with the Crown
for the provision of sewage service to the municipality,
(hereinafter referred to as the "Sewage Service Agreement");
AND WHEREAS the Municipality wishes to reconstruct the
road base and improve the sub -drainage on portions of roads
within the geographical limits of the Corporation of the
Village of Port Burwell and to insall curbs and provide for
hot mix asphalt pavement on th(� full travelled width of the
roads in question, (hereinafter referred to as the "Road
Works");
AND WHR REAS the Municipality has requested the Crown
to undertake the proposed Road Works in conjunction with the
construction of the sewage works being carried out in connection
with the Sewage Service Agreement.
AND WIIERF.AS the Council of the Village of Port Burwell
on the i of day of T�.I , 1981, passed By-law No. 356
authorizing the Municipality to enter into an agreement with the
Crown for tho purpose of completing tho Road Works, upon the
terms and conditions hereinafter set out;
i�
I� NOW TIIERErORI' TILTS AGRP.EMI,IJT WITNESSETII tint under
t subsection (la) of Section 17 and Section 18 of The Ontario
Water Resources Act the parties hereto -in consideration -of the
covenants, terms and conditions hereinafter set forth, covenant
and agt-e with each other as follows:
1. In this Agreement:
(a� "Consulting Engineer" means Giffels
Associates Ltd., which has been appointed
by the Crown to act as Agent of. the Engineer,
or anv other Consultant which may subsequently
• be appointed by. the Crown -in connection with
-the Sewage Service Agreement to carry out
the supervision of the Construction Contract.
(b) "Construction Contract" me �-,:; the Contract
between the Crown and the Contractor (here-
in after referred to as the "Contractor")
engaged by the Crown to cons'-_ruct the facilities
under the Sewage Service Agreement and under
this agreement.
(c) "Engineer" means the person from time to time
acting as Engineer pursuant to the Construction
Contract.
(d) "Road Reconstruction" means th- removal of
existing pavement, excavation of the existing
roads, down to firm clay sub-qrade, and the
installation of the sub -drainage, storm
sewer, and drainage works, granular sub -base,
granular base and hot mix asphalt pavement
on tho fell travelled width of portions of
certain roads :situated within the Municipality
as specified in Schedule "A" attached hereto.
M
M
3.
(e) "Sewage Works" 'means those sanitary sewers
to be constructed under the Sewage Service
Agreement.
i
2. ENGINEER'S APPROVAL,
Subje�t to the approval of the Engineer, the
r'onsul.ti.na ingineer shall determine all matters in
connection with apportioning or determining costs
and savings hereunder in his discretion.
3. THE CONSULTING ENGINEER
The Consulting Engineer shall act as the Municipality's
Agent for both the design and preparation of contract
documents including specifications and drawings, for
the Road Works, and also the supervision of construction
of the Road Works under the Construction Contract, and
he is hereby so appointed by the Municipality,
4. CONTRACT DOCUMENTS
a) The drawings and specifications for the Road Works
to be incorporated into the Construction Contract
shall conform and comply with the standards required
by the Ministry of Transportation and Communications.
b) The cost of the engineering desiqn including the
preparation of contract documents, drawings and a
final tAnder report in respect of the Road Works
shall be borne by tho Municipality and shall be in
accordance with the Schedule of Fees for design
of Road Works as accepted by the Ministry of
Transportation and Communications:
5. TIIE ENGINEER
Construction of Road Works incorporated into the
Construction Contract shall be under the supervision
of the Ungineer, provided that:
a) No works shall be authorized under the Road
Works portion of the contract without the
approval of the Engineer and the Municipality
as represented by the Consultina Enqineer.
b) Payment Certificates, invoices of the
Consulting Engineer and change orders
relating to Road Works prepared by the
4.
li
Consulting Engineer, shall be forwarded to the
Engineer for approval and payment, or approval
J as the case may be,
v c) The Consulting Engineer shall give approval of
the completed Road Works prior to final acceptance
of the Engineer.
6 . LET�TF.R OF CREDIT
a) If rt-quested by the Engineer, in his discretion,
the Municipality shall furnish an irrevocable
Letter of Credit in such.amount as may be det-
ermined and required py the Engineer, issued
�by a Chartered Bank in Canada in a form approved
by the Engineer, to be held as a guarantee
that the Municipality will fulfill all the terms
and conditions of this agreement.
b) The Engineer need not authorize commencing or
completing the Road Works if the Crown does not
receive a Letter of Credit required under sub-
section a), when requested.
7. LIABILITY INSURANCE
a) The Crown shall require its Contra -tor to take out
and keep in force until the date of acceptance
of the entire work by the Engineer, a compre-
hensive policy of public liability and property
damage insurance acceptable to the Engineer pro-
viding insurance coverage in respect of any one
occurrence to a limit of at least $500,000.00
exclusive of interest, against loss or damage
resulting from bodily injury to or death of
one or more persons and loss or damage to
property and such policy shall name the Mun-
icin-�lity as additional insured thereunder and
shall protect the Municipality againGt
claims for damage or indury including death
o to any person or persons and for damage to
any property of the Municipality or any other
public or private property resultin4 from or
rising out of any negligence on the part of
he Contractor and its servants, agents and sub-
contractors during,the carrying out of the
Construction Contract, and the Contractor shall
forward certified copies of the policy or
• certificates thereof to the. Municipality.
b) The Municipality shall be responsible for
satisfying itself as to the adequacy of any
insurance policy.
8.CONSTRUCTION SUPERVISION
a) The cost of construction supervision for the
Sewage Works shall be borne by the Crown in
accordance with the agreement between the
Crown and the Consultinq Engineer dated 23th
of Octob9r, 1980.
b) The cost of the consturction supervision for
Road Works shallhe borne by the municipality
c) When the construction supervision is common
to both Sewage Works and Road Works the cost
of such supervision shall be shared pro rata
between the Crown and the Municipality in
proportion to the respective costs of con-
struction and as agreed from time to time
between the Consulting Engineer and the Engineer.
9.PAYMENTS TO CONTRACTOR BY THE CROWN
a) Progress Payment Certificates shall be prepared
by the Consulting Engineer monthly while the
works are under construction and shall show
separately the works completed, holdbacks and
amounts due to the Contractor for the construc-
tion of the Sewage Works and Road Works.
11
% f�.
M
' b) Tho portion of the payment certificate applicable to
the Road Works shall be approved by the Consulting
j Engineer on behalf of the Municipality prior to its
0
issuance by the Crown to the Contractor as .specified
in paragraph c) of clause g.
c) The Crown shall, in e,,rh month commencing thn- month
following commencement of construction, issue a monthly
payment certificate in favour of the Contractor for the
materials supplied and the works completed in the con-
struction of loth the Sewage Works and the Road Works
durinq the month prior'to the date 'of such issuance.
10. PAYMENTS TO THE CROWN BY THE MUNICIPALITY
a) The Crown shall, in each month commencing the
month followinq commencement of construction of the
Road Works, issue a monthly invoice based on the pro-
gress payment certificates and the Consulting Engineer's
invoices issued to date, by prepaid first class mail
to the Municipality for the Road Works completed under
the Crown's contract with the Contractor.
b) The amount payable by the Municipality shall be equal
to the full cost of the Road Reconstruction costs and
related supervision costs including the cost of in-
surance for the portion of Road Works applicable to
the invoice, and any interest accrued during construction.
c) The Municipality shall pay to the Crown the amount of
the invoice within ten (10) days of the date of mailing
thereof; by cheque made payable to the Treasurer of
Ontario.
d) The mailing of an invoice in a envelope addressed to
the Municipality shall constitute delivery of Uie in-
voice to the Municipality.
e) Anv amount due and payable by the Municipality to the
Crcwin, after ten (10) days from the date of mailing
of the invoice to the Municipality, together with
interest thereon after default may be recoverod
--•ii.th costs in a court r.f eompetent jurisdiction as a
debt due to thy, Crown h; the Munici.pali t.v.
11. (:ANCI•:I.I.A'I'ION OF Ac:REEMEN9' nY THE MUNICIPALITY
At anv time prior to U. date on which the tender
for the construction of the'Sewage Works is first
advertised, the Municipality may by notice in .jriting
delivered to the Crown by registered mail terminate
its obligations hereunder; however it it agreed and
understood by the parties hereto that the Munici-
pality .hall ieimburse the Crown for all costs in-
curred by the Crown in pursuance of its obligation -
ender this agreement, upon such reasonable terms an.'
conditions as the Crown in its discretion may decide upoi.
�•
12 . TENDER BIDS
The Crown may accept the lowest tender or any
tender if its is, in the discretion of the Crown,
acceptable even if it does not contain the lowest
tender prices for the Road Works. The Crown may
also reject any or all tenders.
13. DISPUTES
The Engineer and the Consulting Engineer shall
decide together the manner in which costs are to
be shared and, in the event of a dispute., the
question shall be :submitted to atbi•tration
pursuant to the Arbitrations Act, R.S.O. 1970,
c. 25. as amended.
14. The Municipality hereby releases, discharges and
covenants and agrees at all times to indemnify and
save harmless the Crown from and against all claims,
including:
a) all claims from property damage or injuries
including injuries resulting in death to any
property or person or persons and any consequential
damages arising from such damage or injury;
b) all cl�iims, actions and awards under the Work-
men's Compensation Act or similar Acts;
c) all demands, liability, loss, costs, damages,
expense, compensation, awards or payments of
every kind or nature whatsoev(-r, and all actions,
suits or proceedings of every kind or nature
whatsoever, by whomsoever incurred, sustained,
suffered, made paid, brought or taken;
and in anv manner connected with, caused by or
attributable to the entry into this agreement, the
p-rformance or the failure to perform the terms
and conditions hereof, or the design, construction
of operation of the Works (except to the extent
that the Crown is indemnified under a policy of
insurance part or all, of the prrmiums of which
are charged to the Municipality I)v the Crown
pursuant to this ameenxant) and whether such claim
ho caused Iiv or attributable to the negligence of
the Crown or its officers, agents, servants or
employees or otherwise.
M
15. This agreement is subject to the provisions as
they may be made, isnued or amended from time to
time of The Ontario Water Resources Act and the reg-
o ulations made thereunder.
16. This agreement contains the entire agreement
between the parties hereto with reference to the
subject matter hereof, shall not be altered or
amended except by mn Agreement in writng duly
executed by the parties hereto, shall enure to the
.benefit of and be binding upon.the parties hereto
aqd their successors, and shall not be assigned
in whole or in part.
IN WITNESS WHEREOF the Crown and the Municipality
have caused this Agreement to be duly executed by
affixing the signature of the Minister of the
Environment and the Corporate Seal of the Municipality
attested by the siqnatures of its proper officers,
duly authorized in that behalf.
THE CORPORATION OF THE VILLAGE
OF PORT BURWELL
Reeve
Clerk
11FR ~MAJESTY TIIE QUEEN IN RIGHT
OF ONTARIO
AS REPRESENTED BY
THE CANISTER OF TIIE ENVIRONMENT
•
SCHEDULE "A" TO Till' ACRl;r?IT:IJT MADE BrIwEEN
THE CROWN A14D THE CORPORATION OF THE VILLAGE
OF PORT BURWELL DATED THIS DAY OF , 1980
List of roads on which existing,pavement to be removed
and excavated to subgrade and provided with granular sub-
base, granular base, tile sub -drainage, and storm sewer and
drainage works, curbs and hot mix asphalt pavement for the
full travelled width:
Street
1) On Ericaus Strect
(for a distance of
approx. 560 m )
2) On Robinson Street
!for distance of
approx. 400 n) .
From To
Village limit Union Street
at Iligliway No. 19
& Victoria Street
Wellington Street Shore of Lake
Erie
lo-w
E
�J
THE CORPORATION OF THE VILLAGE OF
PORT BURWELL
BY-LAW # 3S6
WHEREAS the lands described in Schedule "A" attached
hereto becamq the property of the Corporatiop of the Village of
Port Burwell by virtue of the registration of a Tax Arrears Certificate
dated January 23rd, 1961 and registered February 9th, 1961 in the
Registry Office for the Registry Division of Elgin as Instrument
No. 80556;
AND WHEREAS the Treasurer's Declaration with respect
to the lands described in Schedule "A" attached hereto dated
February 16th, 1961 and registered February 24th, 1961 in the
Registry Office for the Registry Division of Elgin as Instrument
No. 80737;
AND WHEREAS the Corporation of the Village of Port
Burwell enacted by-law #317 on the 14th day of August, 1978 requiring
the lands described in Schedule "A" hereto for municipal purposes;
AND WHEREAS the lands described in Schedule "A" attached
hereto are no longer required for municipal purposes by the Corporation
of the Village of Port Burwell;
AND WHEREAS the Corporation of the Village of Port Burwell
is the registered owner of the lands described in Schedule "B" attached
hereto;
AND WHEREAS the Corporation of the Village of Port Burwell
deems it advisable and expedient to sell the lands described in
Schedules "A" and "B" attached hereto to the Canadian Imperial
Bank of Commerce;
THEREFORE be it enacted by the Council of the Corporation
of the Village of Port Burwell as follows:
1. That By-law No. 317 passed August 14th, 1978 be and
is hereby repealed;
n
L�
-2-
2. That the lands in Schedules "A" and "B" attached
hereto be sold by the Corporation of the Village of
Port Burwell to the Canadian Imperial Bank of
Commerce in accordance with the agreement of
purchase and sale dated December llth, 1979 between
the Corporation of the Village of Port Burwell
and the Canadian Imperial Bank of Commerce;
3. That the Reeve and Clerk are hereby authorized to
execute such documents as may be necessary therefor,
and to attach the Corporate seal thereto.
READ three times and finally passed this day of
A.D. 1980.
Reeve
Z;i�7
Clerk
•
SCHEDULE "A"
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 and being composed of part of Lot 2C, west on
Robinson Street according to Registered Plan 12 for the said Village
more particularly described as follows:
COMMENCING at the north easterly angle of said Lot;
THENCE westerly along the northerly limit of said lot a distance
of 116 feet 8 inches;
THENCE southerly parallel to the easterly limit of said Lot a distance
of 33 feet to the centre line of said Lot;
THENCE easterly along said centre line a distance of 116 feet 8 inches
to the easterly limit of said Lot;
THENCE northerly along said easterly limit 33 feet to the place of
beginning.
•
SCHEDULE. "B"
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 and being composed of part of
Wellington Street
according to Registered Plan 12 for the said Village,
more particularly
described as follows:
•
COMMENCING at the north-easterly angle of Lot 20 on
the west side of
Robinson Street, according to said Plan No. 12;
THENCE westerly along the northerly limit of said Lot
20 a distance
of 116.75 feet;
THENCE northerly a distance of 33 feet more or less
to a point in
the limit between the north and south halves of said
Wellington Street
distant 119 feet from the westerly limit of Robinson
Street, according
to said Plan No. 12;
THENCE easterly along the limit between the north and
south halves of
said Wellington Street a distance of 119 feet to the
westerly limit of
Robinson Street;
THENCE southerly a distance of 33 feet more or less
to the place of
beginning.
0
THE CORPORATION OF
4 THE VILLAGE OF PORT BURi7ELL
0 BY LAN
(To appoint Boards, Committees and Representatives
for the period 1 January, 1981 to 30 November, 1981)
The Council of the Corporation of the Village of Port Burwell ENACTS AS
FOLLOWS:
THAT Boards, Committees and Representatives for the Village of Port Burwell,
for the period of 1 January, 1981 to 31 December, 1981, shall be as follows:
1. Standing Committees
Chairman
Members
a.
Finance
Ron Bradfield
all members of council
b.
Licences, Building and
Ken Matthews
Jack Smyth
Health
c.
Roads
Jack Smyth
all members of council
d.
Fire and Police
Ken Matthews
Harry Alward
e.
Personnel and Property
Gord Loucks
Ken Matthews
f.
Parks and Recreation
Gord Loucks
Jack Smyth
g.
Development
Harry Alward
all members of council
2. Ontario Home Renewal Program Committee
Chairman - Jack Smyth; Members
- Harry Alward, Ken
Matthews
3. Recreation and Parks Board
Chairman - Ken Smith
Members - Ron Bradfield (Ex-officio)
- Gord Loucks
- Jack Smith
- Ed Bradfield (Secretary)
- Ed Epple
- Bob LaCroix
- Hugh Brooks (Treasurer)
- Ralph Bradfield
4. Harbour Committee
Chairman - John Walker
Members - Larry Martin, John Warren George Lockrey, Bob Ketchabaw, Gord Loucks,
Ron Bradfield (Ex-officioj
5. Representatives
East Elgin Planning Board: Ken Matthews and Gord Loucks
Read three times, finally passed and carried this /,? day of/9��, A.D.
REEVE, RON BRAD ELD
CLERK, R.G. LACROIX
THE Co:tPORATIO;i OF
1 THE VILLAGE OF PORT BUPITELL
BY LAW #
Being a by law to establish rates of pay to
municipal employees and remuneration to Head
and members of council.
The Council of the Village of -Port Burwell ENACTS AS FOLLOWS:
1. THAT the wages for village employees be established as follows:
a. Clerk Treasurer $12,800 annually
b. Secretarial $ 4.40 hourly
c. Roads Foreman $ 7.60 hourly
d. Roads employees, other
than Roads Foreman $ 4.40 hourly
2. THAT the Head and Members of Council receive the following remuneration:
a. Reeve $55.00 per meeting and
$55.00 per day for conferences attended,
including those out of municipality
b. Council $45.00 per meeting and
$45.00 per day for conferences attended,
including those out of municipality
3. THAT the following benefits be established for municipal employees:
a. Clerk Treasurer: CHIP — 100%, to municipality
Vacation — two weeks per year
Sick days — twelve days per year with ' carry over
other: $35.00 per council meeting
$ .30 per mile of car use
expenses for conferences, etc.
b. Secretarial: Vacation — one week per yeah`
Sick days — twelve days per year with I carry over
other: $ .30 per mile of car *e1
c. Roads Foreman: OHIP — 100% to municipality
Vacation — three weeks per year
Sick days — twelve days per year with i carry over
other $ .30 per mile of car use
expenses for conferences, etc.
4. THAT the following benefits be established for Head and Members of Council:
a. Reeve: $ .30 per mile of car use
expenses for conferences, etc.
b. Council: $ .30 per mile of car use
expenses for conferences, etc.
5. THAT the above mentioned rates of pay and benefits are effective 1 January, 1981.
.iead a first time
Read a second time
Read a third time and finally passed and carried this d'4� day of Al 1981, A.D.
....�(. s+ra. ............
REEVE, R.T. ELD
l4
CLERK, R.G. LaCroix
E
THE CORPORATION OF
THE VILLAGE OF PORT BURVELL
BY LAW # 3s9
A By Law to authorize the execution of
an agreement with Her Majesty the Queen,
as represented by the Minister of Fisheries
an(! Oceans for the Lease of certain harbour
lands-.
Whereas the Corporation of the Village of Port Burwell on 18 May 1978 entered
into an agreement with Her Majesty the Queen in right of Canada represented
by the Minister of Fisheries and Oceans for the lease of certain harbour lands; and
WHEREAS the above noted lease expired on December 31, 1980; and
WHEREAS the Corporation of the Village of Port Burwell desires to execute another
agreement with Her Majesty the Queen in right of Canada V as represented by the
Minister of Fisheries and Oceans for the lease of certaan harbour lands;
Now therefore the Council of the Corporation of the Village of Port Burwell enacts
as follows:
I. That the Corporation of the Village of Port
Burwell enter into and execute an agr,egement with Her
Majesty the Queen in right of Canaria K as represented
by the Minister of Fisheries and Oceans for the lease
of certian harbour lands, the said agreement being
Schedule 'A' attached to this By Law.
2. THAT the Reeve and Clerk are hereby authorized and
directed to execute the said agreement in the form
here to attached as Schedule 'A'.
Read a first and second time this o? Ari day of rti." 1981
Read a third time and finally passed thisz,"�
6
day of i"fq-, 198 L
REEVE, RON FIELD
.Ole e*O.
CLERK, BOB LACROIX
r
J THIS INDENTURE made this day of One thousand nine
o11,`Y110 hundred and
C� 13ETV' EEN
-
f HER MAJESTY THE QUEEN, represented herein by the Minister of
lj Fisheries and Oceans (hereinafter called the "Lessor"),
OF THE FIRST PART;
- and - THE VILLAGE OF PORT BURWELL,
Province of Ontario
(hereinafter called the "Lessee"),
OF THE SECOND PART;
WITNESSETH that the Lessor, In consideration of the rents,
covenants, provisoes and conditions contained herein, leases unto the Lessee:
Description ALL AND SINGULAR that certain parcel or tract of land and land
covered by the waters of Lake Erie (hereinafter referred to as "the said land")
situate, lying and being at Port Burwell in the County of Elgin and Province of
Ontario, TOGETHER WITH the Government marine facilities (hereinafter
referred to as "the said facilities") located thereon, being more particularly
shown outlined in red on Plan T2154 hereto annexed and designated Schedule "A".
Habendum TO HAVE AND TO HOLD the said land and the said facilities unto
the Lessee from and after the first day of January , One thousand nine hundred
and eighty-one for a term or period of five (5) years and then fully to be
complete and ended.
Reddendum YIELDING AND PAYING therefor, during the currency of this Lease,
unto the Lessor, to the Receiver General of Canada in lawful money of Canada,
the following rent or sum namely: -
(a) ONE HUNDRED DOLLARS ($100.00) per nnnum, payable each year in
advance, or
(b) FIFTEEN PERCENT (15%) of all gross revenue derived by the Lessee
from the use and management of the said land and the said facilities
as determined to the satisfaction of the Minister, whichever is the
greater amount, and the difference between the $100.00 paid in
advance and the 15% of the gross revenue is payable at the end of
each lease -year.
Inter- IN THIS agreement
pretation
(i) "Minister" means the Minister of Fisheries and Oceans and any person
he has delegated to act on his behalf.
(ii) "Director" means the Regional Director of Small Craft Harbours
Branch Ontario Region, of the Department of Fisheries and Oreans of
Canada, and any person he has delegated to act on his hehalf.
(iii) "Gross Revenue" means the revenue derived from the management
and operation of the said land and the said facilities and include any
revenue derived from approved subleases and/or concessions.
It is agreed by and between the said parties hereto that these
Presents are made rind executed upon and subject to the covenants, provisos
conditions and reservations hereinafter set forth and contained, namely:
0 •
Purpose 1, That notwithstanding anything in this Lease contained, the Lessee
shall carry out the management and operation of the said land and the said
facilities in accordance with the Fishing and Recreational Harbours Act and the
Fishing and Recreational Harbours Regulations as amended from time to time, or
any other applicable act or regulations enacted or made during the currency of
this Lease.
*ay Rent 2. That the Lessee shall pay all rental herein reserved at the time and In
the manner in these Presents set forth, without any abatement or deduction
whatever.
Taxes 3. That the Lessee shall pay or cause to he paid all rates, taxes and
assessments, of whatsoever description, that may at any time during the
existence .of these Presents be imposed, or become due and payable upon, or in
respect of the said land and the said facilities.
Access 4. That the Lessor, Her Servants or agents shall, at all times and for all
purposes, have full and free access to any and every part of the said land and the
said facilities, while acting within the scope of their duties or employment.
Assignment 5. That the Lessee shall not make any assignment of these Presents, nor
any transfer or sub -lease of any of the land, rights or privileges demised or
leased hereunder, without obtaining the prior consent in writing of the Director
to such assignment, transfer or sub -lease.
Tolls Dues 6. That the Lessee shall, during the currency of this Lease, charge tolls
& Charges or dues established under the authority of the Fishing and Recreational Harbours
Act and regulations approved from time to time by the Governor In Council
respecting the said facilities. The Lessee may collect additional reasonable
charges for special services such as electrical power outlets, water outlets,
watchman services, etc., provided at the Lessee's expense for the benefit and use
of the boating public using the said facilities.
Accounting 7.That during the currency of this Lease, the Lessee and any Sub -
Records lessees shall cause to be kept records of their operations of the said land and the
said facilities herein, such records to be kept according to accepted principles of
accounting, and the Lessee shall supply to the Lessor a certified copy of such
records within One Hundred and twenty (120) days after the end of each lease -
year.
Audit 6. That the books of the Lessee and any Sub -lessees concerning the
nspection operations and management of the said land and the said facilities shall be open
for audit and inspection by the designated officers of the Lessor at any time
during the business hours of the Lessee, and any Sub -lessees.
Re air and 9. That the Lessee shall not, during the currency of this Lease, do suffer
McMe n� or permit to be Hone any act or thing which may impair, damage or Injure the
ance said land and the said facilities beyond the damage occasioned by reasonable use,
and shall, at the Lessee's own cost and expense maintain and repair all portions
of the said land and the said facilities which may at any time be damaged by the
Lessee or his Agents, other than In the reasonable use thereof, the Minister to be
sole judge of the meaning of the words "reasonable use".
m rove- 10. That any improvements made to the said land and the said facilities
ments by the Lessee at any time during the term of this Lease, to make the said land
and the said facilities suitable for the purposes referred to in Clause
No. 1 hereof, shall be at the risk, cost and expense of the Lessee, all to the
satisfaction of the Director.
0 •
Public Use 11. The Lessee shall not interfere with the public use of the said land and
the said facilities during the currency of this Lease; it being expressly
understood and agreed, however, that the Lessee may refuse the use of the said
land and the said facilities to any vessel on which tolls and dues are outstanding
over ten (10) days and the Lessee may take ell lawful action through Small
Clams Court or otherwise to obtain payment of outstanding or overdue wharfage
accounts.
true- 12. That the Lessee shall not construct or erect any buildings or other
t ono structures on the said land and the said facilities without obtaining the approval
Buildings or of the Director, of plans showing the design and nature of construction of such
Structures buildings or structures and their proposed locations, and all such buildings or
structures shall be constructed and thereafter maintained by and at the cost and
expense of the Lessee, all to the satisfaction of the Director.
Annoyance 13. That the Lessee shall not, at any time during the currency of this
Nuisance Lease, do, cause or permit to be done, any act or thing in or upon the said land
and Dls- and the said facilities which shall or may be, or might become, an annoyance,
turbance nuisance or disturbance to the occupiers of any lands or premises adjoining or In
the vicinity of the said land and the said facilities and of which matters the
Minister shall be the sole judge and his decision thereon binding on the Lessee.
Exemption 14. The Lessee shall permit any vessel owned by Her Majesty In Right of
Canada to dock at the said facilities without a charge for berthage provided that
space is available.
Use boy 15. That In the event that any portion of the said land and said facilities
Lessee are used for the purposes of the Lessee, the Lessee shall establish a market
rental for such use and the Reddendum Clause shall be applied to such rental.
Title 16. That It is hereby declared, and this Lease is accepted by the Lessee
upon the express condition that the Lessee shall have no recourse against the
Lessor, should the Lessor's title to the said land be found to be defective, or
should these Presents prove ineffectual by reason of any defect in such title.
Claims and 17. That the Lessee shall not have any claim or demand against the
Damages Lessor for loss, damage or injury of any nature whatsoever, or howsoever caused
to the said land and the said facilities or to any person or property, at any time
brought, placed, made or being on the said land and the said facilities unless
such damage or injury is due, to the negligence of any officer or servant of Her
Majesty the Queen in Right of Canada while acting within the scope of his duties
or employment.
Indemni- 18. That the Lessee shall at all times Indemnify and save harmless the
fication Lessor from and against all claims and demands, loss, costs, damages, actions,
suits or other proceedings by whomsoever made, brought or prosecuted, In any
manner based upon, occasioned by or attributable to the execution of these
Presents, or any action taken or things done or maintained by virtue hereof, or
the exercise In any manner of rights arising hereunder, except claims for damage
resulting from the negligence of any officer or servant of Her Majesty the Queen
in Right of Canada while acting within the scope of his duties or employment.
a
Termination 19. That this Lease may be terminated at any time: -
(a) By the Lessee upon sixty days' notice In writing, such notice to be
signed by the Lessee and delivered to or mailed addressed to
Director, Small Craft Harbours Branch, 3050 Harvester Road,
Burlington, Ontario, or
(b) By the Lessor If the said land or any part thereof should be required
at any time during the currency of this Lease for any public purpose
that in the opinion of the Minister constitutes an unforeseen
emergency, upon sixty days' notice In writing, signed by or on behalf
of the Minister, and either delivered to the Lessee or any officer of
the Lessee, or mailed addressed to the last known place of business or
office of the Lessee,
and thereupon, after the expiration of such period of,notification, these Presents
shall he determined and ended, and the Lessee shall thereupon, and also in the
event of the determination of this Lease in any other manner, except re-entry
under Clause No. 20 hereof, forthwith remove from the said land and the said
facilities all things at any time brought or placed thereon by the Lessee and shall
also to the satisfaction of the Director repair all and every damage and Injury
occasioned to the said land and the said facilities by reason of such removal or in
the performance thereof, but the Lessee shall not, by reason of any action taken
or things performed or required under this clause be entitled to any compensation
whatever, provided that, unless required by the Minister, no goods, chattels,
materials, effects or things shall be removed from the lands and premises of the
Lessor until all rent due or to become due under this Lease Is fully paid.
Default 20. That, notwithstanding anything in this Lease contained If the rent
above reserved, or any part thereof, shall be in arrears or unpaid, whether or not
the some shall have been In any manner demanded, or in case default, breach or
non -observance be made or suffered by the Lessee at any time or times, In, or in
respect of any of the convenants, provisoes, conditions, and reservations herein
contained, which on the part of the Lessee ought to be observed or performed,
then, and In every such case provided such non-payment of rent, default, breech
or non -observance is not cured within fifteen days from the date of notice
thereof In writing from the Lessor to the Lessee and signed by or on behalf of the
Minister, the Lessor may terminate this Lease by giving to the Lessee a notice In
writing signed by or on behalf of the Minister, and either delivered to the Lessee
or any officer of the Lessee, mailed addressed to the last known place of business
or office of the Lessee, and thereupon after the delivery or mailing of such
written notification, this Lease shall be determined and ended, and In that event,
It shall be lawful for the Lessor, Her Servants or agents, to re-enter and
thereafter to have, possess and enjoy the said land and the said facilities and all
Improvements thereon.
And no acceptance of rent subsequent to any breach or default, other
than non-payment of rent, nor any condoning, excusing or over
looking by the Lessor on previous occasions of breaches or defaults
similar to that for which re-entry is made shall be taken to operate as
a waiver of this condition nor In any way to defeat or affect the
rights of the Lessor hereunder.
Service 21. That this Lease is granted strictly subject to the right of the Lessor
e�etion and Lessees and Licensees of the Lessor to maintain and operate utility services
installed on the said land and the said facilities at the date of this Lease, and to
the right of the Lessor and the Minister to grant leases or licences, as the case
may be, at any time during the currency of this Lease, covering the right and
privilege or permission to install, lay, maintain and use utility services on, over
is or across the said land and the said facilities and the Lessee shall not, at any
time during the currency hereof, do anything or cause or permit anything to be
done which will in any way Interfere with the rights and privilege or permissions
thereby granted, provided, however, that such leases or licences will be granted
subject to this Lease and provided that the Lessees or Licensees thereunder shall
not commence to exercise the rights and privileges or permissions thereby
granted unless and until the consent in writing Is first obtained from the Lessee,
and which consent shall not be unreasonably withheld.
• 0
Hold Over 22. Provided always and that It is hereby agreed by and between the
parties hereto that If the said Lessee shall hold over after the expiration of the
term hereby granted, and the Lessor shall accept rent, the new tenancy thereby
created shall be a tenancy at will and not a tenancy from year to year, and the
Lessee shall pay as rent during the time of such occupancy a rental to be
determined at the discretion of the Lessor, and shall be subject to the covenants
and conditions herein contained so far as the same are applicable to tenancy at
will.
Pollution 23. That the Lessee shall not discharge, or cause or permit to he
discharged or howsoever to oet Into the v,aters of the said lands any deleterious-
materialt noxious, contaminated or poisonous substances, including oil, petroleum
and petroleum products, ell as determined by the Lessor whose decision shall be
final, and if at any time end from time to time during the term of this Lease or
any renewal thereof, any pollution Is caused to waters of the said lands by reason
or as a result of the operations of the Lessee or sub -lessee or assignees of the
Lessee, as to all of which the Lessor shall be the sole judge, and his decision shall
be final, the Lessee shall forthwith upon receipt of a notice in writing from the
Director undertake, prosecute without interruption and complete the work of
removal of such pollution material from the said waters, at the cost and expense
of the Lessee and to the satisfaction of the Lessor, and In case the Lessee fails
to carry out Its obligations under this clause to remove such pollution material
from the said waters, the Lessor may cause such work to be undertaken,
prosecuted and completed, all at the cost of the Lessee, and the Lessee shall,
forthwith upon demand therefor, reimburse the Lessor for all cost and expense
Incurred by the Lessor In the performance of such work and all other costs and
expenses connected therewith or Incidental thereto, and all such costs and
expenses shall constitute a debt payable by the Lessee to the Lessor.
Pollution 24. That the Lessee shall not place or deposit, or cause or permit to be
placed or deposited, any fill, send, gravel, detritus, waste, debris or other
materials, articles or things on the said land which may form a deposit thereon or
therein without the prior consent, In writing, of the Lessor.
Navigable 25. That the Lessee shall fulfill In all respects the requirements of Part 1
Waters' Pro- of the Navigable Waters' Protection Act, Chapter N-19 of the Revised Statutes
teat on AcF of Canada 1970.
Com !lance 26. The Lessee shall In all respects abide by and comply with all rules,
with Law regulations and by-laws of municipalities and other governing bodies, In any
manner affecting the said land and the said facilities.
Care of 27. That the Lessee shall, at the Lessee's own cost and expense, at all
r-roperty times during the currency of this lease, keep the said land In a neat and tidy
condition, removing or causing to be removed therefrom all papers, refuse, litter,
waste or rubbish arising out of the operations of the Lessee under this Lease, all
to the satisfaction of the Director.
Misrepre- 28. That if this Lease has been secured by misrepresentation es to any
ntation material fact, this Lease may be summarily cancelled by the Lessor in the
manner herelnbefore provided.
Concession 29. That no concessions of any kind shall be granted by the Lessee
without the prior approval of the Director.
Bort�hin ..of 30• That the Lessee shall designate an area (as required) for the berthing
• of fishing vessels, owned by persons In
eases licence and who derive their living from commercl 1 fishissession of a ng. nt commercial fishing
D
IN-, WITNESS WHEREOF the Portia* hereto have executed these
Presents the day and year first above written.
SIGNED, SEALED AND DELIVERED BY the Lessee:-
Itnen )Lessee ...
Lessee
SIGNED, SEALED AND )
DELIVERED BY the Lessonj C/5
...........
Wltnea .......................................)..............................................
for the Minister of Fisheries and Oceans
L.�
` THE CORPORATION OF
�r
4 THE VILLAGE OF PORT BUMIELL
BY LAW # 3 6 0
A By Law to authorize the execution of
an agreement with Underwater Gas Developers
Limited for the sub —lease of certain harbour
lands.
WHEREAS the Corporation of the Village of Port Burwell on 31 August, 1979
entered into an agreement with Underwater Gas Developers Limited for the
sub —lease of certian harbour lands; and
WHEREAS the above noted sub —lease expired on 31 December, 1980; and
WHEREAS the Corporation of the Village of Port Burwell desires to execute
another agreement with Underwater Gas Developers for the sub —lease of certian
Harbour lands;
Now therefore the council of the Corporation of the Village of Port Burwell
enacts as follows:
1. THAT the Corporation of the Village of Port Burwell
enter into and execute an agreement with Underwater
Gas Developers Limited for the sub —lease of certain
harbour lands, the said agreement being Schedule 'A'
attached to this By Law.
2. THAT the Reeve and Clerk are hereby authorized and
directed to execute the said agreement in the form
here to attached as Schedule 'A'.
Read a first and second time this .2 nil day of � .1981
r
Read a third time and finally passed this j,4`' day ofr-p_1981.
REEVE, RON B. FIELD
CLERK, R.G. LACROIX
TO WHOM IT MAY CONCERN: -
The Minister of Fisheries and Oceans, hereby pursuant to
the fifth Clause of -
Lease No. 8101 P576 dated the 5th day of February, 1981,
(hereinafter referred to as "the said Lease") granted
by Her Majesty the Queen, represented therein by the
Minister of Fisheries and Oceans, to the Village of
Port Burwell in the County of Elgin, Province of Ontario,
of ALL AND SINGULAR that certain parcel or tract of land
and land covered by the waters of Lake Erie (hereinafter
referred to as "the said land") situate, lying and being
at Port Burwell in the County of Elgin and Province of
Ontario, TOGETHER WITH the Government marine facilities
(hereinafter referred to as "the said facilities") located
thereon, being more particularly shown outlined in red
on Plan T2154 thereto annexed and designated Schedule "A",
all of which will by reference thereto at length and more
fully appear.
CONSENTS to the within Sub -Lease dated the thirtieth day of December, 1980,
hereto annexed marked "A" from -
THE VILLAGE OF PORT BURWELL
-to-
UNDERWATER GAS DEVELOPERS LIMITED
of a portion of the lands demised under the said Lease, INSOFAR ONLY,
as the terms of the said Sub -Lease pertain to the leasehold interest
as contained in the said Lease.
BY SUCH CONSENT, HOWEVER, Her Majesty the Queen shall not be
deemed to have waived compliance and observance on the part of the
Lessee, under the said Lease, its successors and assigns, of any of the
covenants, provisoes, conditions and reservations in the said Lease to
be complied with, observed and performed on their or any of their parts,
nor to have waived, impaired or restricted in any way whatsoever any of
the rights or remedies of Her Majesty the Queen in respect of the said
Lease or the property or rights thereby demised, or leased, nor to have
approved of the form or any of the terms (except insofar as such terms
pertain to the leasehold interest only contained in the said Lease) of
the said Sub -Lease, it being hereby expressly declared that the sole
object, purport and effect of this Consent is merely to meet the requirements
of the fifth Clause of the said Lease and no action shall be taken or
things done or maintained under, by virtue of, or in connection with the
said Sub -Lease that may prejudice, impair or affect in any way whatsoever
any of the rights or remedies of Her Majesty the Queen.
DATED AT BURLINGTON, Ontario,this 18th day of March,
One thousand nine hundred and eighty-one.
-AD
.............
for Minister of Fisheries and Oceans
t
THIS INDEIJURE made in triplicate this•3.) day of December, 1980
Ili PURSUANCE OF THE SHORT FOR14S uF LEASES ACT.
B E T W E E I:
THE VILLAGE. OF PORT BURWELL. In the Province of
On to r i oo
HEREINAFTER called the "SUB LESSOR"
OF THE FIRST PART
UN'DERWATEA GAS UEVELUPERS LIMITED, a Company
carry rig on business in the Province of Ontario
and loving its dead office in the City of Torunto
HEREINAFTER called the '•SU5 LESSEE"
OF THE SECOND PART
hHEREAS by Lease dated the Sth day of h er 1%6; (hereinafter
referred to as "The Head Lease") lier llajesty The Queen represented by
The Minister of Fisheries and Oceans (hereinafter referred to as"The Lessor"),
did lease inter alia certain lards and premises uescribed in Schedule "A"
li
attachedthereto to the Village of Port Burwell for a term of five years to
be computed from the 1st day of January, 1931, and to expire on the 31st
II I day of Decemmber, 1985.
III AN U WHEREAS the Village of Port Burwell by kegular Council
Meeting on- day of bece;-19d(), agreed to sub -lease to Underwater Gas
Develuper Limited the lands as described in Schedule "A" (hereinafter
referred to as "Tire Said Lanus"), attached hereto.
AND WHEREAS the Sub Lessor and Sub Lessee have agreed to enter
into sub -lease agreer,rent (hereinafter referred to as "The Said Lease")
subject to the turns and conditions of The Mead Lease.
WITNESSETH that the Sub Lessor in consideratiun of the rents,
convenants, provisos and conditions hereinafter contained OUTH demise and
lease unto the Sub Lessee, ALL klU SINGULAR tlot certain parcel or tract
of land, situate, lying arui being on the east side of Chatham Street in
the Village of Port Burwell in the County of Elgin, and more particularly
described as Part of the unsbdivided part of Lot 11, Concession 1, and
part of the accreted land being the bed of Lake Erie as shown outlined
in red on the Plan annexed hereto as Schedule "A".
TO HAVE AHD TO HOLD the said demised premises for and during
the residue unexpired of the temi of The Head Lease and to be fully
completed and ended on the 30th December, 1985.
Yielding and Paying tnerefur uuring the currency of this
lease, unto the Sub Lessor in lawful money of Canada, the following rent
or sum naively:
1. Two thousand tnrcc. n,andred uollars (;/_,M .UU) payable on the 1st day
of January, 1981, tG90tiel' witn an auministration fee of two hundred
dollars ($t00.03).
�. Two thousand eigh� hunureu dollars (42600.00) payable on the 1st day
of January, 1982, together with an adMiiiistr•atiun fee of two hundred
dullars ($2UO.UU).
3) Three thousanu eighL hundred ciullars (;36U(i.uU) payable on the 1st day
of .)anuary of each of the remaining three (3) years of the torn of this
lease together with an admiuistr•aL1on fee of two nunured dollars (�LUO.UO)
I?i iHIS P,GtCEEMENT
( i) 'Minister" means the Niriister of Fisheries and Oceans and any
person he has delegated to act un his behalf.
( ii) "Director" means the kegional Director of The Department of Fisheries
ii and Oceans and any person he has delegated to act on his behalf.
it. is agreeu by and between the said parties hereto that these
II Presents are made and executed upon and subject to the covenants, provisoes,
conditions and reservations hereinafter set forth and contained, namely:
1. That notwithstanding anything in this Lease contained, the Sub Lessee
shall carry out construction, a,ainterlance and operation of a helicpoter pad
and Lersiinal, Narking facilities and relates operations, provided at all
times the operations comply with the Fishing and Recreational harbours Act
and Regulations, or any other applicaule acL ur regulations enacted or made
during the currency of this Lease.
Z. That the Sub Lessee will pay all rEntal herein reserved at tIe time
and in the manner in these Presents set :jrth, without any abatement or
deduction whatever.
3. That the Sub Lessee will pay or cause to be paid all rates, taxes and
assessments, of whatsoever description, that may at any time during
the existence of these Presents be imposed, or become due and payable,
upon, or in respect of the said lands and the said facilities.
4. The Sub Lessee snall 1n all respects abide by and conply with all
rules, regulations and by-laws of municipalities and other governing
bodies, in any manner affecting the saiu lands and the said facilities.
- - I
1
- 3 -
,. That the Sub Lessee shall not make any assignment of these Presents,
nor any transfer or sub -lease of any of the lands, rights or privileges
demised or leased hereunder, without obtaining the prior consent In
writing r%f the Director and the Sub -Lessor to such assigrunent, transfer
or sub -lease.
b. That no concession of any kind snall be granted by the Sub Lessee
without the prior approval of the Director and the Sub -Lessor.
7. That the Sub Lessee snall not, during the currency of this Lease, Rio
suffer or permit to Le uone any ac_ or thin, which may iripair, damage or -
injure the said lands and the said facilities beyond the damage occasioned
by reasonable use, and shall, at the Sub Lessee's own cost and expense,
maintain and repair all portions of the said lands and the said facilities
which may at any time be damaged, other than in the reasonable use
thereof, the Minister to be the sole Judge of the meaning of the words
"reasonable use".
8. That any improvements made to the said lands and the said facilities
by the Sub Lessee at any time during the term of this lease, to make the
said lands and the said facilities suitable for the purposes referred to
in Clause No. 1 hereof, shall be at the risk. cost and expense of the
Sub Lessee, all to the satisfaction of the Director.
9. That the Sub Lessee shall not, at any time during the currency of
this Lease, do. cause or permit to be done, any act or thing in or upon
the said lands and the said facilities which shall or may be, or might
become. an annoyance, nuisance or disturbance to the occupiers of any
lands or premises adjoining or in the vicinity of the said lands and the
said facilities and of which matters the Minister shall be the sole
Judge and his decision thereon binding on the Lessee.
10. That the Sub Lessee shall not have any claim or demand against the
Lessor or Sub Lessor for loss, damage or injury of any nature whatsoever,
i
or howsoever caused to the said lands and the said facilities or to any
person or property. at any time brought. placed, made or being on the
said lands and the said facilities, unless such damage or injury is due
to the negligence of the Sub Lessor. its Contractors. Servants or
Agents or of any officer or servant of Her Majesty the Queen in Right of
Canada while acting within the scope of their duties or employment.
11. That the Sub Lessee shall at all times indemnify and save harmless
the Lessor or Sub Lessor fPom and against all claims and demands, loss,
costs. damages, actions, suits or other proceedings by whomsoever made,
• 8
brought or prosecuted, in any manner based upon, occasioned by or attributable
•
to the execution of these Presents, or any action taken or things -done
or maintainea by virtue hereof, or the exercise in any manner of rights
arising hereunder, except claims for damage resulting from the negligence
of the Sub Lessor its Contractors, Servants or Agents or of any officer
or servant of Her '-'a,jesty the Queen in Right of Canada, while acting
within the scope of their duties or employment.
1i. That this lease may be terminateu at any time,
(a) By the Sub Lessee upon sixty days' notice in writing, such
notice to be signed by A-W- Sus; Lessee and i;el ivered to or
mailed to the Director, Sr -,all Craft Harbours Branch,
3050 Harvester Road, Burlington, Ontario, and the Corportation
of The Village of Port E;ur�rell, Port Burwell Ontario, or
(b) Dy The Lessor or Sub Lessor upon sixty days' notice in
minister or the
writing, signed by or on behalf of the/Village of Port Burwell
and eitner delivered to the Suh Lessee, ur any officer of the
Sub Lessee, or hailed, to the 1•ist Known place of business or
office of the Sub Lessee,
ant; thereupon, after the expiration of such period of notification,
these Presents shall be determined and ended, and the Sub Lessee shall
thereupon, and also in the event of the determination of this Lease in
any other manner, except re-entry under Clause No. 13 hereof, forthwith
remove fron the said lands and the said facilities all things at any
tiux, brought or placed thereon by the Sub Lessee and shall also to the
satisfaction of the Director repair all and every damage and injury
occasioned to the said lands and the said facilities ey reason of such
removal or in the performance thereof, but the Sub Lessee shall not, by
reason of any action taken or things performed or required under this
Clluse be entitled to any compensation whatever, provided that, unless
required by the uirector, no goods, chattels, materials, effects or
things shall be removed from the lands and premises of the Lessor until
all rent due or to become due under this Lease is fully paid.
13. That, nowithstanding anything in this Lease contained if the rent
above reserved, or any part thereof, shall be in arrears or unpaid,
whether or not the same shall have been in any manner demanded or in
case of default, breach or ran -observance be made or suffered by the Sub
..
s
Lessee at any time or times, in, or in respect or any of ths. covenants,
provisoes, conditions, and reservations herein contained, which on the
part of the Sub Lessee ou5.nt to UE: observed or performed, then, and in
every such casa, nun,^.a>Tlent of rent, default, ,reach or
non -observance is not cured wit ;in fifteer, days from t'ie date of notice
thereof, in writing fron-, the Lessor or Su;) Lessor to the Sub Lessee, the
Lessor or Sub Lessor may ter^rinate this Lease by giving to the Sub
Lessee a notice in rmiting and either delivered to the Sub '.essec or my
officer of the Sup Lessee, or mai: d :o '.nc last: .<no,r, puce o.` ;;usiness
IIor office of the Sub Lessee, and thereupon after the delivery or mailing
��
of such written notification, this Lease shall be determined and ended,
anc: in that event, it shail be lawful for the Lessor, or Sub Lessor Her
Servants or Agents, to re-enter and thereafter to have, possess and
enjoy the said lands and the said facilities and all imorovements thereon.
Anu no acceptance of rent, subsequent x any breach
or defaul;:, uthQr oao nun-,,ay,:ient of rent, nor any condoning,
excusing or overlooking ry the Lessor on previous occasions
of breaches or defa.rits similar to mat for which re-entry
is made, shall ue tar,en to opc:ratc as a waiver of '.As condition
nor in any way to defeat or affect the rights of the Lessor
or Sub Lessor hereuc;ie;r.
14. That the Sub Lessee shall not discharge, or cause or permit to be
discr►arycd or nowsoever to go: into :nc haters of the said lands, any
deleterious material. no -,.ions, conta►,, nateu or poisonous sutstan ces,
inclucing oil, petroleum and petroleum products, all as determined by
Lhe Director wnose decision shall be final, and if at any time and from
time to time during the term of this Lease or any renewal thereof, any
pollution is caused to waters of the said lands by reason or as a result
of the opertaions of the Sub Lessee or assignees of tlrc Sub Lessee, as
to all of which the Director shall be the sole judge, and his decision
shall be final, the Sub Lessee shall forthwith upon receipt of a notice
.
in writing from the uirector undertake, prosecute without interruption
and complete the work of removal of such pollution material from the
said waters, at the cost and expense of the Sub Lessee and to the satisfaction
of the Director, and in case the Sub Lessee fails to carry out its
obligations under this clause to remove such pollution material from the
-6-
said water, the Director may cause such work to be undertaken, prosecuted
and complFted, all at the cost of the Sub Lessee, and the Sub Lessee
shall, forthwith upon demand therefor, reimburse the Lessor for all cost
and expense incurred by the Lessor or Sub Lessor in the performance of
such work and all otter costs and expenses connected therewith or incident
thereto, all such costs and expenses shall constitute a debt payable by
the Sub Lessee to the Lessor.
15. That the Sub Lessee shall fulfill in all respects the requirements
of Part 1 of the Navigable Waters' Protection Act, Chapter N-19 of the
Revised .Statutes of Canada 1970.
16. That the Sub Lessee shall at all times during the currency of this
Lease, keep the said land in a sanitary and reasonably clean
condition, in all respects to the entire satisfaction of the Director
and at the sole cost and expense of the Sub Lessee.
17. Upon abandonment of the leased lands by the Sub Lessee, the Sub
Lessee agrees to give the Sub Lessor the option to acquire the existing
concrete landing pad situated on the said lands.
18. That the books of the Sub Lessee concerning the operations and
management of the said land shall be open for
audit inspection by the desiganted officers of the Lessor at any time
during the business hours of the Sub Lessee.
19. The Sub Lessee will consider all Leases or Licences entered into
pursuant to section 21 of the Head Lease and will not unreasonably
withhold its' consent thereto, in like manner as the Sub Lessor is
required to act under the said section 21.
20. The Sub Lessee acknowledges having read the Head Lease herein
and agrees to be bound by all the terms and conditions thereof
applicable to the Sub -Lease.
IN WITNESS WHEREOF the parties hereto have executed these
Presents the day and year first above written.
SIGNED, SEAL® AND DELIVERED BY THE Lessee:
THE VILLAGE OF PORT BURWELL
Sub Lesser Reeve
Sub Lessor Clbrk—Treasurer
APPROVUNDERWA GAS TED
E
I LAN:)
--kog
S Le sident
FXPt-
Sub Lessee Secretary
0
0
P I r;
THE CO_iPORATIM O
THE VILLAGE OF PORT BUI:;�LL
P1 LAW
Being a By Law to establish interim
tax billing procedure.
THAT the Council of the Corporation of the Village of Port Burwell enacts
as follows:
1. Commencing in 1981 the tax billing procedure will be on an interim
basis.
2. The due dates for tax installments will be March, June, September,
and November.
3. The tax rate applied to interim billing shall be 50% of the previous
years Residential Public mill rate.
4. This by law shall remain in force from year to year unless repealed
or otherwise amended by council.
Read three times and finally passed this /- day of 1 , 1981, A.D.
RON BRAD FILED
REEVE
R.G. LACROIX
CLERK
1�
41 ••
,AeTHE CO:iPORAl'IOi 0F
THE VILLAGE OF PORT BU;'J ELL .
16 ?,y Ln;l ii 3'6 L
( Being a By l.aw to license and regulate dogs )
WHEREAS Section 354(1) of the Municipal Act authorizes the ei,actment of a by law for
prescribing the licensing and regulating of dogs within a municipality;
NOW THEREFORE the Council of thQ Corporation of the Village of Port Burwell enacts
as follows:
THAT no person shall suffer or permit any dog of which he is the owner or custodian
to run at large or trespass on any property within the Village of Port Burwell.
THAT every dog within the Village of Port Burwell, when not visibly confined or
restrained to the dwelling or property of its' owner or of the person having the care
and custody of the same, shall at all times be restrained upon a leash in charge of
some person.
THAT an animal dog tax shall be levied upon every person who is the owner or custodian
of any dog.
THAT in each year starting in 1982 on or before the 28th day of February every person
who is the owner or custodian shall procure from the Dog Licensing Officer a tag for each
dog in the amount of which he is liable for the dog tax and shall keep the tag securely
fixed on the dog at all times during the year and until he procures a tag for the
following year, excepting that the tag may be removed while the dog is being lawfully
used for hunting in the bush.
THAT the amount of tax be established as follows:
For each male or spayed dog $ 5.00
For each female dog $10.00
THAT the taip shall bear a serial number and the year in which it was issued and a
record shall be kept by the Dog Licensing Officer showing the name and address of the
owner, the serial number of the tag, and the amount of the fee paid in respect of the tax.
THAT a canine control officer, appointed by the Council of the Village of Port Burwell,
may seize any dog found at large contrary to this by law.
THAT any person who contravenes or fails to comply with any of the provisions of this by
law shall be guilty of an offence, and upon conviction, shall forfeit and pay, at the
discretion of the convicting judge, a penalty of not more than $10.00 exclusive of costs
for the first offence, and not more than $50.00 exclusive of costs for each subsequent
offence, and the same shall be recoverable under the provisions of the Provincial
Offences Act, 1979, as amended.
THAT any by law not consistent with the provisions of this by law be and is hereby
repealed.
• t� Read a first and second time this day of +j , 1981, A.D.
Read a third time and finally passed and carried this day of fl �.% , 1981, A.D.
....� .. ...........
RON BRADFIELD,
...................................
R.G. LACRAIZ� CLffitIC
0
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'i
THE CWPORATION OF
THE VILLAGE OF PORT BUR'.IELL
BY LAW #
Being a By Law to provide for the conditions
of work, vacations with pay, and sick leave
benefits for village employees.
WHEREAS the Council of the Corporation of the Village of Port Burwell deems it
necessary to provide for the conditions of work, vacations with pay and sick
leave benefits for employees; and
WHEREAS the Council is empowered to pass such a by law under the provisions of
the Municipal Act, Section 352, as amended;
THEREFORE the Council of the Corporation of the Village of Port Burwell enacts
as follows:
1. DEFINITIONS•
a "Employee" means any salaried or hourly rated officer, clerk,
workman, servant or other person in the employ of the municipality
who has been in such employ for a continuous period in excess
of three months.
(b) "Employer" means the Corporation of the Village of Port Burwell.
2, CONDITIONS OF WORK:
a The employees in the Roads Department shall work a minimum of
eight hours per day Monday through Friday inclusive, excepting
in case or cases of emergency such employees may be required
to work longer hours but no employee shall operate a machine
more than twelve hours continuously. Employees working in excess
of forty (40) hours in any week shall be allowed equal time off
at the descretion of the employer at the regular pay for the
extra time. Employees working in excess of Forty Four (44)
hours in any week shall be paid at a rate of time and a half
for the extra time.
(b) The employees in the Clerical Department shall work Monday through
Friday inclusive. The hours of the Clerical Department shall be
9:00 am to 4:30 pm, excepting as otherwise directed by the employer.
(c) The following may result in instant dismissal of the employee by
the em loyer:
(i� drinking of alcoholic beverages durin working hours.
(ii) taking of drugs during working hours except as prescribed
by a physician).
(iii refusal to obey instructions relating to conduct of work.
(iv� wilfull neglect of the safety of others.
(v) careless operation of equipment.
3. VACATIONS:
(a) Vacations with pay shall be allowed:
(i after one full year service. 2 weeks
(ii� after ten years continuous service. 3 weeks
(iii after fifteen years continuous service. 4 weeks
(iv nine statutory holidays with full pay shall be
allowed, namely; New Year's Day, Good Friday,
Victoria Day, Dominion Day, Labour Day, Thanks—
giving Day, Civic Day, Christmas Day, Boxing
Day and any other holiday proclaimed by the
Reeve of the Village of Port Burwell.
Page — 2
By Law No.
4. SICK LEAVE BENEFITS:
Sick leave benefits shall be allowed:
(a) On a accumulative basis at the rate of one day per month not to
• exceed 200 days in total. On the termination of employment an
employee is entitled to an amount equal to his salary or wages
for one half the number of days standing to his credit and in
any event not in excess of the amount of one half year's earnings
at the rate received by him immediately prior to termination of
employment.
•
(b) The employer may request a Doctor's certificate of illness whenever
it is deemed necessary.
(c) Special Allowances of three days with pay will be allowed in cases
of bereavement where a direct member of the family of the employee,
or his spouse, has died, without being considered as any part of
his sick leave.
(d) At the passing of this By Law Ken Kirkpatrick, Roads Foreman,
will have 72.5 sick days to his credit and Robert LaCroix, Clerk
Treasurer will have 8 days to his credit.
5. The employer will generally endeavour to offer steady employment and security
of position to all employees who conscientiously adhere to the provisions of
section 2 of this By Law.
6. Employees will be given consideration for promotion to other positions within
the work force where possible. Personnel records and qualifications will be
reviewed from time to time and grievences will be considered provided they
are filed in writing to the attention of the employer.
7. Employees shall be paid on Friday of each week at the various rate and
schedules as determined from time to time by council.
8. All by laws deemed inconsistent with the provisions of this by law are hereby
repealed.
9. The terms of this By Law are effective 1 January, 1981.
Read three times and finally passed and carried this 'Y' day of .,/" " ' , 1981, A.D.
/\ ck 3oprth,
R.G. LaCroix,
Clerk
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BY-LAW NO. 364
RESTRICTED AREA BY-LAW
VILLAGE OF PORT BURWELL
A By-law to regulate the use of land, the character, loca-
tion and use of buildings and structures in the Village of
Port Burwell.
WHEREAS the Council of the Corporation of the Village of
Port Burwell deems it expedient to implement the Official
Plan of the East Elgin Planning Area; and
WHEREAS authority is granted under Section 35 of The Plan-
ing Act, R.S.O., 1970, subject to the approval of the
Ontario Municipal Board, to pass this By-law;
NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE VILLAGE
OF PORT BURWELL ENACTS AS FOLLOWS:
SECTION 1 INTERPRETATION & ADMINISTRATION
1.1 SHORT TITLE
This By-law shall be known as the "Zoning
By-law" of the Corporation of the Village of
Port Burwell.
1.2 APPLICATION
The provisions of this By-law shall apply to all
lands within the boundaries of the Corporation of
the Village of Port Burwell as now or hereafter
legally constituted.
1.3 SCOPE
No lands shall be used and no buildings or struc-
tures shall be erected, built, constructed,
reconstructed, relocated, altered, enlarged or
used within the Village of Port Burwell except in
conformity with the provisions of this By-law.
1.4 MINIMUM REQUIREMENTS
- In interpreting and applying the provisions of
this By-law, they are held to be the minimum
requirements for the promotion of the health,
safety, comfort, convenience, and general welfare
of the inhabitants of the Municipality.
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1.5 MEANING OF USE
Unless the context otherwise requires, the expres-
sion "use" or "to use" in this By-law includes
anything done or permitted by the owner or occu-
pant of any land or building, directly or indirectly
or by or through any trustee, tenant, servant, or
agent,. -acting for or with the knowledge or consent
of such owner or occupant, fo_- the purpose of
making use of the said land or building.
1.6 MEANING OF SHALL
In this By-law, the word "shall" shall always be
construed as mandatory.
1.7 NUMBER AND GENDER
In this By-law, unless the contrary intention
appears otherwise, words imparting the singular
number or the masculine gender only shall include
more persons, parties or things of the same kind
than one, and females as well as males, and the
converse.
1.8 ADMINISTRATION
This By-law shall be administered by the Building
Inspector or such other person as the Council of
the Village of Port Burwell designates.
1.9 INSPECTION OF PREMISES
The Building Inspector or any other person acting
under the direction of Council, may, at any reason-
able hour, enter and inspect a property or premises
where there is reason to believe that any land has
been used or any building or structure has been
erected, altered, or enlarged, or used in violation
of any of the provisions of this By-law.
1.10 APPLICATION FOR BUILDING PERMITS
In addition to all other requirements of the,
Ontario Building Code or any other building code
or building by-law, every applicant for a building
permit shall file with his application a plan, in
duplicate, drawn to scale, in metrics, showing the
true dimensions of the lot proposed to be built
upon or otherwise developed, the proposed location,
grade or height and dimensions of the building or
work in respect of which the permit is applied for
and the location on such lot of every existing
building, together with a statement, signed by the
owner, disclosing the exact use proposed for each
building aforesaid and give all information necessary
to deter -mine whether or not such building and the
proposed use thereof conform with the requirements
of this By-law.
•
3
1.11 BUILDINGS TO BE MOVED
In all zones, any building or structure which is
mpved from one location to another, whether within
the zone or from one zone to another, or from any
location beyond the boundary of the Municipality,
into any zone, shall be considered as being a new
building or structure and shall comply with the
provisions of this By-law. No building, residential
or otherwise, shall be moved within the limits of
the municipality or shall be moved into the Municipality
from outside without a permit from the Building
Inspector. This provision shall not apply to
utility sheds.
1.12 LICENCES AND PERMITS
No municipal permit, certificate, or licence shall
be issued which would allow a violation of any of
the provisions of this By-law.
1.13 VIOLATIONS AND PENALTIES
Every person who uses any land or erects or uses
any building in a manner contrary to any require-
ment of this By-law, or who causes or permits such
use or erection, or who violates any provision of
this By-law or causes or permits a violation, is
guilty of an offence and upon conviction shall be
liable to a fine not to exceed one thousand dollars
($1,000.00) exclusive of costs, for each offence,
and every such penalty shall be recoverable under
The Summary Convictions Act, R.S.O., 1970 as amended
from time to time.
1.14 REMEDIES
Where any building is or is proposed to be erected,
altered, reconstructed, extended or enlarged, or
any building or part thereof is or is proposed to
be used, or any land is or is proposed to be used,
in contravention of the provisions of this By-law,
the same may be restrained by action at the
instance of any ratepayer, or of the Council of
the Municipality pursuant to the provisions of
The Planning Act, R.S.O., 1970, as amended from
time to time.
1.15 REPEAL OF EXISTING BY-LAWS
All previous by-laws passed by the Municipality
under Section 35 of The Planning Act, R.S.O., 1970
or a predecessor thereof are hereby repealed
except to the same extent that any of the said
by-laws prohibit the use of any land, building,
or structure for a purpose that is also prohibited
by this By-la%,t.
40
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M
1.16 APPLICATION OF OTHER BY-LAWS
Nothing in this By-law shall serve to relieve any
person from the obligation to comply with the
requirements of any other by-law of the Munici-
pality in force from time to t.ime or the obliga-
tion to obtain any license, permit, authority or
approval required under any by-law of the
Municipality.
1.17 VALIDITY
Should any section, clause or provision of this
By-law be held by a court of competent juris-
diction to be invalid, the validity of the re-
mainder of the By-law shall not be affected.
1.18- EFFECTIVE DATE
This By-law shall, upon approval of the Ontario
Municipal Board, come into full force and effect
as of the date of passing hereof.
- 5 -
SECTION 2 DEFINITIONS
2.1 ACCESSORY, shall mean a use, a building or structure
that is normally incidental, subordinate and exclusively
devoted_ to a main use, building or structure and that
is located on the same lot.
2.2 AGRICULTURAL USE, shall mean the cultivation of land,
the production of field crops and the selling of such
produced on the premises, and includes the breeding,
care and raising of livestock and the selling of such
livestock or the product of such livestock raised in
the premises.
2.3 ALTER, when used in reference to a building or structure
or part thereof, shall mean to change any one or more
of the internal or external dimensions of such building
or structure or to change the type of construction of the
exterior walls or roof thereof. when used in reference
to a lot, the word "alter" means to decrease the width,
depth or area thereof or decrease the width, depth, or
area of any required yard, setback, landscaped open
space, or parking area, or to change the location of any
boundary of such lot with respect to a street or lane,
whether such alteration is made by conveyance or alie-
nation of any portion of said lot, or otherwise.
2.4 ATTACHED, shall mean a building otherwise complete in
itself, which depends for structural support, or complete
enclosure upon a division wall or walls shared in com-
mon with an adjacent building or buildings.
2.5 AUTOMOBILE SALES ESTABLISHMENT, shall mean a building
or lot used for the display and sale of new and used
motor vehicles and may include the servicing, repair,
cleaning, polishing and greasing of motor vehicles,
the sale of automotive accessories and related products
and the leasing or renting of motor vehicles.
2.6 AUTOMOBILE SERVICE STATION or SERVICE STATION,, shall
mean a building or part of a building or a clearly
defined space on a lot used for the retail sale of
lubricating oils and gasolines and may include the
sale of automobile accessories and establishments where
only the servicing and minor repairing essential to the
operation of motor vehicles are executed or performed;
it may also include the washing of motor vehicles.
2.7 BASEMENT, shall mean that portion of a building between
two floor levels which is partly underground but which
has at least one-half of its height from finished floor
to finished ceiling above adjacent finished grade.
2.8 BOARDING HOUSE, and ROOMING HOUSE and TOURIST HOME,
shall mean any house or building or portion thereof in
which the proprietor resides and supplies for hire or
gain to other persons, lodging and/or meals, but shall
not include a hotel, motel, hospital, home for the
young or the aged, or institution, or restaurant
accommodating the general public.
2.9 BUILDING, shall include any structure whether temporary
or permanent, used or intended for sheltering any use
of occupancy but shall not include a boundary wall or
fence, travel trailers, company trailer, truck camper,
motor home or tent.
2.10 BUILDING AREA, shall mean the area of a lot within
which permitted buildings or other structures may be
erected, used and maintained.
2.11 BUILDING BY-LAW, shall mean any building by-law within
the meaning of The Planning Act, R.S.O., 1970.
2.12 BUILDING INSPECTOR, shall mean the officer or employees
of the Municipality for the time being charged with the
duty of enforcing the provisions of the Building By-law.
2.13 BUILDING LINE, shall mean a line within a lot drawn
parallel to a lot line; it establishes the minimum
distance between the lot line and any building or struc-
ture which may be erected. Where the lot line is a
curve, the building line shall be a line drawn parallel
to a chord of the arc constituting the lot line. A chord
is a straight line joining two points on a curve.
2.14 BUILDING LINE, ESTABLISHED, a building line shall
be considered to be established between existing
buildings where at least five (5) main buildings
have been erected on any one side of a continuous
one hundred and fifty (150.0) metre strip of land
fronting on a street or road. The established
building line shall thus mean the average setback of
the existing main buildings.
2.15 CAMPGROUND, shall mean a use consisting of at least
five camping sites, licensed under the provisions of
The Municipal Act, R.S.O., 1970, and comprising land
used or maintained for seasonal recreational activity
as grounds for the camping or parking of a tent, motor
home, travel trailer, or truck camper, but not a mobile
home.
2.16 CARPORT, refer to definition of Garage (Private)
2.17 CELLAR, shall mean that portion of a building between
two floor levels which is partly or wholly underground
but which has more than one-half of its height from
finished floor to ceiling below adjacent finished grade.
a 1.
2.18 CHURCH, shall mean a building dedicated to religious
worship and may include a church hall, church
auditorium, Sunday school, parish hall and church day
nursery.
2.19 CLINIC, shall mean any building containing more than
to two rooms used or intended for use for any of the pur-
poses of medical or dental practice, and without limit-
ing the generality of the foregoing, includes the offices
or consulting rooms of members of the medical or dental
professions listed in this By-law under the definition
"Home Occupations" and includes any building in which
two or more Home Occupations are being carried on by
members of the said medical or dental profession.
2.20 COVERAGE, shall mean in the case of a residential build-
ing or structure that portion or percentage of the area
of any lot upon which buildings or structures are erected
or permitted to be erected on the lot (not including a
swimming pool) measured at the level of the lowest
storey containing habitable rooms, and in the case of
a non-residential building or structure, that portion
or percentage of the area of buildings or structures
erected or permitted to be erected on the lot (not in-
cluding a swimming pool) measured at the level of the
lowest storey above grade, including in both cases all
porches and verandahs, open, unenclosed terraces at
grade, steps, cornices, eaves, bay windows, chimneys.
2.21 DRAIN, MUNICIPAL, shall mean a drain owned by a
Municipality.
2.22 DWELLING, shall mean a building, occupied or capable
of being occupied exclusively as a home, residence or
sleeping place by one or more persons, but shall not
include hotels, boarding or rooming houses, motels,
institutions or living quarters for a caretaker, watch-
man or other person or persons using living quarters
which are accessory to a non-residential building or
structure.
2.23 DWELLING, CONVERTED, shall mean a dwelling originally
designed as a single family dwelling unit, which be-
cause of size or design is or can be converted by
partition and the addition of sanitary facilities and
cooking facilities into more than one dwelling unit.
2.24 DWELLING, DUPLEX, shall mean a building that is divided
horizontally into two (2) dwelling units each of which
has an independent entrance either directly or through
a common vestibule.
2.25 DWELLING, MULTIPLE -FAMILY, shall mean a building that
contains three (3) or four (4) dwelling units which have
a common entrance and the occupants of the units have
the use of common corridors, stairs, elevators, yards or
one or more of them.
a %.
2.26 DWELLING, SEASONAL, shall mean a dwelling used as a
secondary place of residence for recreational purposes
and not intended to be occupied as a year-round permanent
dwelling.
2.27 DWELLING, SEMI-DETACHED, shall mean a building that is
divided vertically into two (2) dwelling units each of
which has an independent entrance either directly or
through a common vestibule.
2.28 DWELLING, SINGLE-FAMILY DETACHED, shall mean a building
designed, intended and/or used for occupancy by not -
more than one family.
2.29 DWELLING, TOWNHOUSE, shall mean a separate building
containing three or more attached one -family units with
a common dividing wall, each of which has an independent
entrance either directly or through a common vestibule.
2.30 DWELLING TRIPLEX, shall mean a building that is divided
horizontally into three (3) separate dwelling units, each
of which has an independent entrance either directly or
through a common vestibule.
2:31 DWELLING UNIT, shall mean one or more habitable rooms
occupied or capable of being occupied by an individual
or family as an independent and separate housekeeping
establishment in which separate kitchen and sanitary
facilities are provided for the use of such individual
or family, with a private entrance from outside the
building.
2.32 ERECT, shall include building construct, reconstruct,
alter and relocate and, not to limit the generality of
the foregoing, shall be taken to include any preliminary
physical operation such as excavating, grading, piling,
cribbing, filling or draining, structurally altering
any existing building or structure by an addition,
deletion, enlargement or extension.
2.33 EXISTING, shall mean existing as of the date of the
passing of this By-law.
2.34 FAMILY, shall mean an individual, or two (2) or more
persons who are interrelated by blood or marriage or
legal adoption, or a group of not more than three (3)
unrelated persons, exclusive of servants, occupying a
dwelling unit, and not more than two (2) persons who
receive their lodging and/or board for compensation.
2.35 FARM, shall mean a parcel of land together with its
dependent buildings including one single-family detached
dwelling and accessory buildings held for the purpose
of agricultural use.
a 1.
•
•
E
2.36 FLOOR AREA, shall mean the ground floor area of a build-
ing measured in the manner set out in the definition of
"Ground Floor Area" in this By-law. The "Floor Area"
shall not include the basement or cellar as a portion
of the "Floor Area".
2.37 FLOOR AREA, GROUND, shall mean the area of a building
or structure measured from the outside of all exterior
walls, at grade, exclusive of any accessory building
garage, basement, cellar, terrace, verandah, open or
enclosed porch or sunroom, unless such sunroom or en-
closed porch is an integral part of the building and
habitable in all seasons.
2.38 GARAGE (PRIVATE) or CARPORT, shall mean a building or
portion of a building designed for the storage of not
more than three (3) private passenger motor vehicles
wherein no service for profit is rendered; where such
structure is attached to the main building, it shall be
deemed to be part of the main building and not an acces-
sory building.
2.39 GARAGE, PUBLIC, shall mean a building or structure where
motor vehicles are kept or stored for remuneration or
repair, but does not include an automatic car washing
establishment, a motor vehicle sales lot or an automobile
service station.
2.40 GAS, shall mean natural gas, manufactured gas, propane -
arc gas, or any mixture of any of them.
2.41 GOLF COURSE, shall mean a public or private area
operated for the purpose of playing golf including a
par three golf course, driving range, miniature golf
course, or combination thereof.
2.42 GRADE, shall mean:
a) for a building adjoining one street only, the
elevation of sidewalk at the center of that wall
adjoining the street;
b) for a building adjoining more than one street the
average of the elevation of the sidewalk at the
center of all walls adjoining the streets;
c) for a building having no walls adjoining the street,
the average level of the ground (finished surface)
adjacent to the exterior walls of the building;
d) all walls not more than four and one-half (4.5)
metres from the street line shall be considered
as adjoining the street. If the adjoining street
has no public sidewalk, the grade shall be deter-
mined by the Building Inspector.
- 10 -
2.43 HEIGHT, when used with reference to a building or struc-
ture shall mean the vertical distance in feet between
the horizontal plane through grade level and a horizon-
tal plane through:
a) the,highest point of the roof assembly in the case
of a building with a flat roof or a deck roof;
b) the average level of a one slope roof, provided
that such roof having a slope of less than twenty
degrees with the horizontal shall be considered
a flat roof;
c) the average level between eaves and ridges in the
case of a roof type not mentioned in sub -sections
(a) and (b) immediately preceeding.
The height regulations shall not apply to any ornamental
dome, chimney, tower, storage silo, barn, cupola, steeple,
church spire or water storage tank.
2.44 HOME OCCUPATION, shall mean an occupation for gain or
support conducted entirely within a dwelling as a sec-
ondary use and only by members of the family residing
on the premises plus not more than one (1) assistant who
is not a resident of the said dwelling.
2.45 HOTEL, means any hotel, tavern, inn, lounge, or public
house in one main building or in two or more buildings
used mainly for the purposes of catering to the needs of
the travelling public by supplying food and furnishing
sleeping accomodations of not less than six (6) guest
rooms, which guest rooms contain no provisions for cooking,
and all such buildings operating under The Liquor License
Act, R.S.O., 1970 and The Tourist Establishment Act, P..S.O.,
1970.
2.46 INSTITUTIONAL USE, shall mean the use of land, buildings
or other structures for some public or social purpose
but not for commercial purposes and may include govern-
mental, religious, educational, charitable, philanthropic,
hospital or other similar but non-commercial uses.
2.47 KENNEL, ANIMAL, shall mean any lot, building or structure
on or within which four (4) or more domesticated animals
more than four (4) months of age are housed, groomed, bred,
boarded, trained, or sold and which may offer provisions
for minor medical treatment.
2.48 LOADING SPACE, shall mean a space or bay located on a
lot which is used or intended to be used for the tem-
porary parking of any commercial vehicle while loading
or unloading goods, merchandise or materials used in
connection with the main use of the lot or any building
thereon, and which has unobstructed access to a street
or lane.
ILLUSTRATION OF BUILDING
HEIGHT DEFINITION
-T- -
1H
FRONT RIDGE
E AVE
H
FRONT, SIDE
RIDGE
-_1}2 E AVE
H
--I-
FRONT SIDE
RIDGE
EAVE
H
FRONT SIDE
RIDGE
OF DECK LINE
H
F RONT SIDE
RIDGE
F ROW SIDE
Flat Roof
Gable Roof
Hip Roof
Gambrel Roof
Mansard Roof
One Slope Roof
H-HEIGHT OF BUILDING NOTE: THE ABOVE ILLUSTRATION IS FOR CLARIFICATION AND
CONVENIENCE ONLY AND DOES NOT FORM
PART OF THIS BY-LAW.
0
•
•
2.49 LOT, shall mean a parcel of land, described in a deed
or other document legally capable of conveying land
or shown as a lot or block on a registered plan of sub-
division.
2.50 LOT AREA, shall mean the total horizontal area within
the lot lines of a lot and in the case of a corner lot
having street lines rounding at a corner with a radius
of six (E.0) metres or less, the lot area of such a lot
is to be calculated as if the lot lines were projected
to this point of intersection.
2.51 LOT, CORNER, shall mean a lot situated at the intersec-
tion of and abutting upon two or more streets which
intersect at an angle of less than one hundred and
thirty-five (135) degrees and each of which is at least
ten (10.0) metres wide.
2.52 LOT DEPTH, shall mean the horizontal distance between
the front and rear lot lines. Where these lines are
not parallel, it shall be the length of a line joining
the mid -points of the front and rear lot lines; for
lots with curved front lot lines, the measurement shall
be taken from a line drawn parallel to the chord of the
arc of the curve constituting the front lot line, lying
midway between said chord and a line drawn parallel to
said chord and tangent to said arc.
2.53 LOT FRONTAGE, shall mean the horizontal distance between
the side lot lines of a lot measured at right angles,
but where such lot lines are not parallel, the lot
frontage shall be measured perpendicularly from the
line joining the center of the front and rear lot lines
at a point six (6) metres back from the front lot line.
2.54 LOT INTERIOR, shall mean a lot other than a corner lot.
2.55 LOT LINES, shall mean the boundary lines of a lot de-
fined as follows:
a) Front lot lines shall mean the line dividing the
lot from the street; in the case of a corner lot
the shorter boundary line abutting the street
shall be deemed the front lot line and the longer
boundary line abutting the street shall be deemed
the side lot line, in case each of such lot lines
should be of equal length the front lot line shall
be deemed to be the front lot line as established
in the block by prior construction. In the case
of a through lot, the longer boundary dividing
the lot from the street shall be deemed to be the
front lot line and the opposite shorter boundary
shall be deemed to be the rear lot line. In case
each of such lot lines should be of equal length,
the front lot line shall be deemed to be the front
lot line as established in the block by prior
construction.
ILLUSTRATION OF
DEFINITIONS
40
Mid Pent of
From Lot Line ' Disance Specdred
rn the By• Law
Sroe Lot Line
If
Side Lot Line
Lot Frontage Measured on Line
Perpendicular to the Lrne Jarnng
the kW Point of Front Lot Line
to Apex of Trrangla F'orrtred by
tine Side Lot Line
Lot Frontage
Lot Frontage Measured on
Line Peroendiculat to Line
Front Lot Line a
Joining Mid Points of Front
NO Rear Lot Lrne
Mid Pos11 of
Front Lot Lr
Distance '
Che'�/
Side Lot Line
In t
Fay-La,l
point 01
Rear Lot Line
I
Side Lot Line
Lot
Frontage
Lot
Lines are not Parallel
,
Mj) /1350
i
- Corner
Lot
Corner
Corder
Sg
r
".�^I"_
r
d Point of
on, Line
�1
1
1
Rear,
Lot Line
Lot
Depth
Front and Rear Lot
Lines are riot Parallel
Through Lot
I filer qr
Lot
' Corner
Lot
InlerrOf
Lot
eon net /,
Lo ,
_ � `
LOT
and I
of Fr
Lot L
I
Awe: of Triangle
For rued by the Side Lot L wies
Lot Depth
No Rear Lot Lrne
From Lot Lrne
I
Rear
Lot
Line
1
Lot
Depth
Front and Fear Lot
Lines are P„ratlel
Lot F+on:age
Tangents 10 slreet
L roes Dr a-n T h ougn
ExIlem.lies of
Inlerrp Lot lire
Front Lot L. / s \ v -- -- SON Lot LoW
l�o
Lot Corner
Col net Lot Cu• lied Saes \
NOTE: THE ABOVE ILLUSTRATIONS ARE
FOR CLARIFICATION AND
CONVENIENCE ONLY AND DO
NOT FORM PART OF THIS
BY-LAW.
- 12 -
b) Rear lot line shall mean the lot line farthest
from or opposite to the front lot line. In the
case of lots abutting streets cn more than two
sides, rear lot line shall mean the rear lot line
as established by prior construction.
c) Side lot line shall mean a lot line other than a
front or rear lot line.
2.56 LOT, THROUGH, shall mean a lot bounded on two opposite
sides by streets each of which is at least ten (10.0)
metres wide. Provided, however, that if any lot quali-
fies as being both a corner lot and a through lot as
herein before defined, such lot shall be conclusively
deemed to be a corner lot.
2.57 MAIN BUILDING, shall mean the building in which is
carried on the principle purpose for which the lot is
used.
2.58 MAIN WALL, shall mean the exterior front, side or rear
wall of a building, and all structural members essential
to the support of a fully enclosed space or roof.
2.59 MOBILE HOME, shall be defined according to the provisions
of Section 35C(1)(a) of The Planning Act R.S.O., 1970 as
amended from time to time.
2.60 MOBILE HOMESTAND, shall mean that part of a Mobile Home
Lot which is reserved for the placement of a mobile
home.
2.61 MOBILE HOME LOT, shall mean a parcel of land within
a Mobile Home Park intended to be occupied by no more
than one mobile home.
2.62 MOBILE HOME PARK, shall mean a parcel of land under
single ownership which contains lots for mobile homes
together with commercial and recreational uses for the
Mobile Home Park residents.
2.63 MOTEL, shall mean a building, or two (2) or more
detached buildings for the purposes of catering to the
needs of the travelling public, by furnishing sleeping
accommodation with or without supplying food and shall
include a motor court, auto court, and all such buildings
operating under The Liauor License Act, R.S.O., 1970 and
Is The Tourist Establishments Act, R.S.O., 1970.
i
- 13 -
2.64 MOTOR HOME, shall mean a structure built on and made
an integral part of a self-propelled motor vehicle
chassis other than a passenger automobile chassis,
primarily designed to provide temporary living quarters
for recreation camping and travel use.
2.65 MOTOR VEHICLE, shall mean a wheeled self-propelling
vehicle for the transportation of passengers and goods
without limiting the generality of the foregoing in-
cludes automobiles, trucks, buses, ambulances, hearses,
motor homes and tractors.
2.66 MOTOR VEHICLE SALES ESTABLISHMENT, shall mean a parking
lot, building or lot where motor vehicles are hired,
kept or used for hire, or where such vehicles and
accessories are stored or kept for sale, and where motor
vehicles may be oiled, greased or washed, or have their
ignition adjusted, tires inflated or batteries charged
or where repairs essential to the actual operation of
motor vehicles are executed or performed.
2.67 MOTOR VEHICLE SERVICE ESTABLISHMENT, shall mean a building
or part of a building, or clearly defined space on a lot
where gasoline, oil, grease, anti -freeze, tires, tubes,
tire accessories, electric light bulbs, spark plugs and
batteries for motor vehicles are stored or kept for sale,
or where motor vehicles may be oiled, greased or washed,
or have their ignition adjusted, tires inflated or
batteries charged or where only minor or running repairs
essential to the actual operation of motor vehicles are
executed or performed.
2.68 MUNICIPALITY, shall mean the Corporation of the Village
of Port Burwell.
2.69 NON -COMPLYING, shall mean that which does not donform
comply or agree with the regulations of this By-law as
of the date of final passing thereof.
2.70 NON -CONFORMING, shall mean a use which is not a use
permitted in the zone in which the said use is situated.
2.71 NON-RESIDENTIAL, when used with reference to a building,
structure or use, shall mean designed, intended or used
for purposes other than those of a dwelling.
2.72 NURSING HOME, shall mean a building in which the proprietor
supplies for hire or gain lodging with or without meals,
and, in addition, provides nursing, medical or similar
care and treatment, if required, and shall include a
rest home or convalescent home.
2.73 OCCUPANCY, shall mean to reside in as owner or tenant on
a permanent or temporary basis.
- 14 -
2.74 OFFICE, GENERAL, shall mean any building or part of a
building in which one or more persons are employed
in the management, direction or conducting of an
agency, business, labour, or fraternal organization,
but excludes such uses as retail sale, manufacture,
assembly br storage of goods, or places of assembly
and amusement.
2.75 OFFICE, PROFESSIONAL, shall mean any office used by
professionally qualified persons, for the purposes of
giving advice, consultation or treatment to clients or
patients.
2.76 OIL, shall mean crude oil, and includes any hydrocarbon
that can be recovered in liquid form from a pool through
a well.
2.77 OUTSIDE STORAGE, shall mean the storage of goods in the
open air and in unenclosed portions of buildings which
are open to the air on the sides.
2.78 OWNER, shall mean the person who holds legal title to a
piece of property.
2.79 PARKING LOT, shall mean an area provided for the parking
of motor vehicles and may include aisles, parking spaces
and related entrance and exit lanes, but shall not include
any part of a public street.
2.80 PARKING SPACE, shall mean an area enclosed in a principal
building, in an accessory building or unenclosed, having
an area of not less than eighteen (18) square metres,
exclusive of aisles or driveways and accessible to a
street or lane and set aside for the purpose of parking
an automobile.
2.81 PARKS AND RECREATIONAL USE, shall mean any area of land,
whether enclosed or not, maintained or owned by the
Municipality or a public authority for the enjoyment,
health and well-being of the people and normally open
to the public.
2.82 PERMITTED, shall mean permitted by this By-law.
2.83 PERSON, shall include an individual, an association, a
firm, a partnership, an incorporated company, municipal
corporation, agent or trustee and their heirs, executors,
or other legal representatives of a person to whom the
context of this By-law can apply according to law.
2.84 PIT, shall mean any opening, quarrying, or excavation
of or in the ground for the purpose of removing soil,
rock, sand, gravel, earth, clay, or limestone and the
processing thereof for commercial purposes including
screening, sorting, washing, crushing, and other similar
operations, including required buildings and structures,
but does not include a water well, oil well, natural
gas well, or way -side pit.
1�
2.85 PIT, WAYSIDE, shall mean a pit opened and used by a public
road authority for the purposes of a particular road
construction project or contract only.
2.86 PUBLIC AUTHORITY, shall mean any school board, public
utility commission, transportation commission, public
library board, board of parks management, board of
health, board of commissioners of police, planning
boards or commission or committee of local authority
established or exercising any power or authority under
any general or special Statute of Ontario with respect
to any of the affairs or purposes of a municipality
or a portion thereof, and includes any committee or'
local authority established by by-law of the Council.
2.87 RESIDENTIAL USE, means the use of a building or structure
or parts thereof as a private dwelling.
2.88 RETAIL STORE, shall mean a store or shop within which is
conducted the selling or buying of goods primarily to
or from the general public and accessory thereto and may
include automobile accessories stores, garden centres
and liquor stores.
2.89 SANITARY SEWAGE FACILITIES, MUNICIPAL, shall mean a
publicly -owned and operated system whereby sanitary
sewage is pumped, transported or piped from any or all
buildings in the municipality to a central collection
station for processing and discharge pursuant to the
regulations of the Ontario Ministry of the Environment.
2.90 SCHOOL, shall mean any school established and maintained
by the Elgin County Board of Education, or the Elgin
County RC Separate School Board.
2.91 SCHOOL, PRIVATE, shall mean an educational or training
establishment which is not under the jurisdiction of a
Board as defined by The Department of Education Act,
R.S.O., 1970, as amended from time to time.
2.92 SENIOR CITIZEN HOME, shall mean a multiple housing unit
for the aged where over fifty (50) percent of the dwelling
units are designed, intended and/or used for persons sixty
(60) years of age or over.
2.93 SERVICE SHOP, shall mean any building or part thereof
where appliances and machinery are sold, serviced, or
repaired and includes building trades establishments but
excludes any manufacturing, processing, or wholesaling.
2.94 SETBACK, shall mean the horizontal distance from the centre
line of the street allowance, measured at right angles
to such centre line, to the nearest part of any building
or structure on a lot.
to
- 16 -
2.95 SHOPPING CENTER, means a building or a group of build-
ings for the use of commercial business establishments,
planned, designed, developed and managed as a unit
having off-street parking provided on the site.
2.96 STOREY, FIRST, shall mean the lowest storey of a building,
excluding the basement or cellar.
to
2.97 STOREY, HALF, shall mean the portion of a building lo-
cated wholly or partly within a sloping roof, having
side walls not less than one (1.0) metre in height and
the ceiling with a minimum height of 2.3 metres over
an area equal to at least fifty (50) percent of the
area of the floor next below.
2.98 STREET, ARTERIAL or ROAD, ARTERIAL, shall mean a street
or road under the jurisdiction of the Province of Ontario
or the County of Elgin.
2.99 STREET OR ROAD, shall mean a public highway as defined
by The Municipal Act.
2.100 STRUCTURE, shall mean any material, objects or work
erected as a unit or constructed or put together of
connected or dependent parts or elements whether located
under, on, or above the surface of the ground, but does
not include a sign, a fence or a swimming pool.
2.101 TAVERN, shall mean an establishment operating under
The Liquor License Act, R.S.O., 1970, as amended from
time to time, where alcoholic beverages are sold to
be consumed on the premises.
2.102 TOURIST HOME, refer to the definition of Boarding House.
2.103 TRAVEL TRAILER, shall mean any vehicle so constructed
that it is suitable for being attached to a motor
vehicle for the purpose of being drawn or propelled
by the motor vehicle, but not including any vehicle
unless it is used or intended for the living, sleeping
or eating accommodation of persons therein for seasonal
recreational activity.
2.104 TRAVEL TRAILER LOT, means a parcel of land intended to
be used by no more than one travel trailer.
2.105 TRAVEL TRAILER PARK, means a parcel of land under single
ownership which provides accommodation for travel trailers.
2.106 TRUCK CAMPER, shall mean a portable structure, designed
to be loaded onto, or affixed to, the bed or chassis of
a truck, constructed to provide temporary living quarters
for recreation, camping or travel use.
2.107 USE, (when used as a noun) shall mean the purpose for
which any land, building or structure is designed, _
arranged or intended to be occupied or used, or for
which it is occupied, used or maintained.
- 17 -
2.108 WATER SUPPLY SYSTEM, MUNICIPAL, shall mean a publicly -
owned and operated system whereby water is piped to
more than one dwelling unit, or to more than one
commercial use, or to more than one institutional use,
or combination thereof, situated on separate lots.
2.109 YARD, shall mean an open space on the same lot with a
main bsildina or structure, unoccupied and unobstructed
except as otherwise provided in this By-law.
a) FRONT YARD, shall mean a yard extending across
the full width of the lot between the front lot
line and the nearest wall of the main building
on such lot. The depth of any front yard shall be
deemed to be the perpendicular distance measured
in a horizontal plane between a point in the
front lot line and the nearest part of the main
building or structure.
b) REAR YARD, shall :jean a yard extending across the
full width of the lot between the rear lot line
and the nearest wall of the main building on such
lot. The depth of any rear yard shall be deemed
to be the perpendicular distance measured in a
horizontal plane between a point in the rear lot
line and the nearest part of the main building or
structure.
c) SIDE YARD, shall mean a yard between a building
or structure and the side lot line extending from
the front yard or front lot line (if no front
yard is required) to the rear yard or rear lot
line (if no rear yard is required). The depth of
any side yard shall be deemed to be the perpendi-
cular distance measured in a horizontal plane
between a point in the side lot line and the
nearest part of the main building or structure.
d) SIDE YARD, EXTERIOR, shall mean a side yard
immediately adjacent to a public street.
•
to
ILLUSTRATION OF YARD
DEFINITIONS
w.., ►.Ia
w.o11.•
w.•, ►•.•
of
Building
Building
w.or•a s �. I
r.1•
•A•
.B.
I
I
of
1..-...
A.
S•1 I.CJ
/IM� r1I,
•� •
or I l,1w1►..,
S.I i
S..." L... M r,.w, to, &~
NOTE: The Above Illustration is for Clarification
and Convenience Only and does not form
parl of this By-law.
i
SECTION 3 ZONES AND ZONING MAP
3.1 ESTABLISHMENT OF ZONES
For the purposes of this By-law the
as Schedule 'A' shall be referred to
Map" for the Village of Port Burwell
it shall be divided into the following
ZONE
Agricultural
Residential Zone 1
Trailer Park
General Commercial
Local Commercial
Harbour Commercial
Institutional
Industrial
Park and Recreation
Hazard Land
3.2 USE OF ZONE SYMBOLS
map hereto annexed
as the "Zoning
and the Zoning Map
zones:
SYMBOL
A
RI
TP
Cl
C2
C3
I
M
P
H
The symbols listed in Subsection 3.1 shall be used to
refer to land, buildings, and structures and the uses
thereof permitted by this By-law in the said zones, and
wherever in this By-law the word "zone" is used, pre-
ceeded by any of the said symbols, such zones shall
mean any area within the Village of Port Burwell delin-
eated on the Zoning Map and designated thereon by the
said symbol.
3.3 APPLICATION OF REGULATIONS
No person shall within any of the zones of the munici-
pality use any land or erect, build, construct, recon-
struct, relocate, excavate for, alter, add to, enlarge,
extend or use any building or structure, except in
conformity with this By-law for the zone in which such
land, building, structure or use is located.
3.4 INTERPRETATION OF ZONE BOUNDARIES
Where any uncertainty exists as to the location of the
boundary of any of the said zones as shown on the
' Zoning Maps, the following shall apply:
a) unless otherwise shown, the boundary of the zones
as shown on the Zoning Maps are center street
lines or lot lines and the production thereof;
b) where zoning boundaries are indicated as approx-
imately following lot lines shown on a registered
plan of subdivision, such lot lines shall be deemed
to be the said boundary;
•
- 19 -
It
•
c) where zoning boundaries are indicated as approx-
imately parallel to the line of any street and
the distance from such street is not indicated,
such zoning boundaries shall be construed as
being parallel to such street and the distance
therefrom shall be determined by the use of the
scale shown on the zoning map;
d) where any zone boundary is left uncertain after
application of the provisions of sections 3.4 a),
b) and c) of this By-law, then the boundary line
shall be determined according to the scale on
Schedule 'A' to this By-law.
SECTION 4 GENERAL PROVISIONS
4.1 APPLICATION
The -provisions of this section apply in all zones
except as may be indicated otherwise.
It 4.2 ACCESSORY USES
Accessory uses, buildings, or structures, are
permitted in any yard, in any zone, subject to the
provisions of this By-law for the particular zone
in which said building or use is located, and
provided that any accessory building or use:
4.2.1 shall not be used for human habitation, except
where a dwelling unit is a permitted accessory use;
4.2.2 shall not be built closer to the front lot line
or side lot line than the minimum distance required
by this By-law for the main building on the lot;
4.2.3 shall not be located in the front yard or the
exterior side yard, in the case of a corner lot;
4.2.4 shall not be built closer to the street than the
main building is to that street;
4.2.5 shall not be built closer than one (1.0) metre to
any lot line except:
a) that common semi-detached private garages or
carports may be centred on the mutual lot
line;
b) that where a lot line abuts a public lane an
accessory building may be located not less
than one-half (0.5) metre from said lane.
4.2.6 shall not exceed six (6) percent coverage of the
total lot area;
4.2.7 shall not exceed six (6.0) metres in height;
4.2.8 shall not be built within two (2.0) metres of the
main building except where a dwelling unit is a
. permitted accessory use;
4.2.9 shall not be considered as an accessory building
if attached to the main building in any way except
where a dwelling unit is a permitted accessory
use;
- 21 -
4.2.10 shall not be considered an accessory building if
located completely underground.
4.3 COMMERCIAL ACCESSORY USES
Notwithstanding any other provisions of this By-law,
where a commercial use is permitted as an acces-
4P use in an industrial zone, it shall be located
within the main building or within two (2.0)
metres of the main building, and shall not exceed
ten (10) percent of the total floor area of the
main building or a maximum of two hundred and
eighty (280.0) square metres whichever is the less.
Where no buildings exist, such commercial accessory
use shall not exceed one hundred (100.0) square
metres of floor area.
4.4 RESIDENTIAL ACCESSORY USES
Notwithstanding any other provision of this By-
law, where a dwelling unit is permitted as an
accessory use in a commercial zone, it shall be
contiguous to the main commercial use and have a
minimum floor area of forty (40.0) square metres,
and be used as the residence of the owner or
operator, or an employee of the owner or operator,
of the main commercial use.
4.5 HOME OCCUPATIONS
Where a home occupation is permitted in a particu-
lar zone, the following provisions shall apply:
4.5.1 There is no external display or advertisement
other than a sign of a maximum size of one half
(0.5) square metre.
4.5.2 there is no outside storage of materials, con-
tainers, or finished products;
4.5.3 the character of the dwelling as a private resi-
dence does not change, or a public nuisance par-
ticularly in regard to noise, traffic or parking
is not created;
4.5.4 there is no equipment used, the operation of which
' would result in any undue noise, fumes, dust, or
odour escaping to any adjoining use.
4.5.5 does not occupy more than 25 percent of the total
floor area of the dwelling unit including basement
area used for home occupation or as living quarters,
or forty (40.0) square metres whichever is the
lesser and, for greater clarity, such uses in-
cludes the offices or consulting room for a pro-
fession such as a physician, dentist, chiropractor,
lawyer, engineer, accountant, teacher, musical
instructor whert a single pupil is instructed at a
time, the office for a trade such as a painter or
- 2Z -
electrician and the workroom for a dressmaker,
milliner, or hairdresser, but does not include or
permit a clinic, any shop, tea room, tourist home,
convalescent home, mortuary, funeral parlour,
dancing school, rooming house, boarding house,
hairdressing if more than two persons are engaged
in the business, or any similar use or other
commercial use or institutional use or a workshop,
storage yard, or parking area for any of the
trades.
4.6 TEMPORARY USES
Notwithstanding any other provisions of this By-
law, uses such as a construction camp or other
such temporary work camp, a tool shed, mobile
home, scaffold, sign or other building incidental
to construction are permitted in any zone provided
that:
4.6.1 such uses or buildings are used only as long as
same are necessary for work in progress which has
neither been finished nor abandoned, or a period
of one year whichever is the lesser;
4.6.2 such uses or buildings are removed when the work
for which they were permitted is terminated.
4.7 PROHIBITED USES
All uses, including the following uses, shall be
prohibited in any zone unless otherwise provided
for:
4.7.1 the use of any land or the erection and use of any
building or structure for the purposes of wrecking
yards, salvage yards, dumps, the collection of
rags, junk, any refuse, scrap iron, or other scrap
metals;
4.7.2 any use is prohibited which from its nature or the
materials used therein is declared under The Public
Health Act or any regulations adopted thereunder, to
be a noxious trade, business or manufacture.
4.7.3 no land, building or structure shall be used in the
municipality for the industrial manufacture of coal
oil, rock oil, fuel oil, burning fluid gas, naptha,
• benzene, gasoline, dynamite, dualene, nitroglycerine,
gun powder, petroleum and petroleum liquid material
which is likely to create danger to health, or danger
from fire or explosion.
- 23 -
4.8 NON -CONFORMING USES
The provisions of this By-law shall not apply:
4.8.1 to prevent the use of any land, building or struc-
ture.for any purpose prohibited by this By-law if
such land, building or structure was lawfully used
for such purpose on the effective date so long as
it continues to be used for that purpose; or
4.8.2 to prevent the erection or use for a purpose
prohibited by this By-law of any building or
structure the plans for which have, prior to the
day of the passing of the By-law, been approved by
the Building Inspector, so long as the building or
structure when erected is used and continues to be
used for the purpose for which it was erected and
provided the erection of such building or struc-
ture is commenced within two years after the day
of the passing of the By-law and such building or
structure is completed within a reasonable time
after the erection is commenced.
4.9 NON-COMPLIANCE WITH MINIMUM
LOT OR YARD REQUIREMENTS
Where a building has been erected prior to the
effective date on a lot having less than the
minimum frontage and/or area, or having less than
the minimum setback and/or side yard and/or rear
yard required by this By-law, the said building
may be used, enlarged, reconstructed, repaired or
renovated provided that:
4.9.1 the use, enlargement, reconstruction, repair or
renovation does not further reduce a front yard
and/or side yard and/or rear yard having less than
the minimum required by this By-law, and
4.9.2 all other applicable provisions of this By-law are
complied with.
4.10 EXISTING LOTS
Notwithstanding any other provisions of this By-
law, existing lots with less than the required lot
area or lot frontage may be developed for a use
specified in the appropriate zone provided all
other regulations of the By-law are satisfied.
4.11 HAZARDOUS AREAS
4.11.1 Buildings and structures for uses permitted by
this By-law are permitted if and only to the
extent permitted by the regulations made under
The Conservation Authorities Act, R.S.O., 1970 as
amended from time to time. S
S
5�r✓
24 -
4.11.2 Where in this By-law a front, side or rear yard is
required, and part of the area of the lot is
covered by water or marsh for more than two months
in the year, or is beyond the rim of a river bank
or watercourse, or between the top and toe of a
cliff or embankment having a slope of thirty (30)
T(
degrees or more from the horizontal, then the re- gti
r
quired yard shall be measured from the nearest
main wall of the main building on the lot to the
nearest edge of said area covered by water or marsh,
-
or to the rim of said river bank or watercourse, or
to the top of the said cliff or embankment.
4.11.3 The minimum setback from the Lake Erie shoreline
bluff is 15.0 metres from the edge of the bluff for
permitted buildings and structures east of Robinson
Street to the eastern limits of the municipality.
4.12 HUMAN OCCUPANCY OF TRUCK, BUS AND COACH
BODIES OR TRAVEL TRAILERS, TRUCK CAMPERS,
MOTOR HOMES OR TENTS
4.12.1 No truck, bus, coach or streetcar body shall be
used for human occupancy within the Municipality
whether or not the same is mounted on wheels;
4.12.2 No travel trailer, truck camper, or motor home
shall be used for the living, sleeping or eating
accommodation of persons within the Municipality
for a period of more than sixty (60) days in any
period of ten (10) consecutive months.
4.13 MAIN ACCESS LIMITATIONS
The main access to a dwelling unit shall not be by
means of an outside staircase having more than ten
(10) risers or a height of one and one-half (1.5)
metres.
4.14 STREET FRONTAGE OF BUILDING LOTS
Except as hereinafter provided in this By-law, no
person shall erect a building or structure and no
person shall use any land, building, or structure,
unless the lot or parcel to be so used or upon
which the building is situated, erected or pro-
posed to be erected abuts or fronts on a public
street or public road.
e4.15 EXISTING LOTS
Existing lots having less than the minimum frontage,
depth or area required by this By-law and/or with
access only by an existing, private right of way
may be developed for all uses in the appropriate
zone provided that:
- 25 -
a) permission is granted in writing for the use of
the right of way from both the Village and the
holder of title to the right of way;
b) sewage disposal facilities meet the approval
of the Ontario Ministry of the Environment and
the local medical officer of health.
4.16 SIGHT RESTRICTIONS ON CORNER LOT
Notwithstanding any other provisions of this By-
law, and except in a General Commercial (Cl) Zone
no building or structure shall be erected; no
driveway shall be located; and no boundary wall,
fence, shrubs, or foliage shall be erected, planted
or maintained which obstruct the view of a driver
of a vehicle approaching the intersection, on a
corner lot within the triangular space included
between the street lines for a distance of nine
(9.0) metres from their point of intersection.
4.17 PRIVATE GARAGES ON CORNER LOTS
Notwithstanding any other provisions of this By-
law, no private garage on any corner lot shall be
located closer than six (6.0) metres to either
streetline, and no portion of any driveway shall
be located closer than nine (9.0) metres to the
intersection of the two streetlines or their
projections,. '
4.18 MINIMUM SETBACKS FROM ARTERIAL
STREETS OR ARTERIAL ROADS
Notwithstanding any other provisions of this By-law,
where a building or structure is erected adjacent
to a County Road, and in the absence of an estab-
lished building line, the minimum setbacks from
such arterial streets or arterial roads shall be
ten (10.0) metres plus the required front yard or
side yard.
4.19 ESTABLISHED BUILDING LINE ON STREETS OR ROADS
Notwithstanding any other subsequent provisions of
this By-law, where two main buildings less than
ninety (90.0) metres apart are at less than the
required set -back or yard, the building line for
the intervening space shall be a straight line
drawn between the adjacent front corners of the
existing buildings.
i
- 26 -
4.20 USE OF YARDS ON LANDS WITHOUT BUILDINGS
Where land is used for or in connection with
re$idential, commercial, industrial, or instit-
utional uses but without any buildings or struc-
tures thereon, all yards required by this By-law
on a lot in the respective use zone shall be
provided and maintained as yards and the appli-
cable regulations shall apply, except where the
land or lot is used for gardening or open space
purposes not prohibited by this By-law in such'use
zone.
4.21 YARD AND OPEN SPACE PROVISIONS FOR ALL ZONES
No part of a yard or other open space required
about any building for the purpose of complying
with the provisions of this By-law shall be
included as part of a yard or other open space
similarly required for another building.
4.22 PERMITTED ENCROACHMENTS IN YARDS
r_-riir+-IIrn
Every part of any yard required by this By-law
shall be open and unobstructed by any structure
from the ground to the sky, provided, however,
that those structures listed below shall be per-
mitted to project or encroach into the yards
indicated for the distances specified where
applicable:
Permitted Yard
window sills, belt
courses, cornices,
eaves, gutters, chimneys,
or pilasters any yard
fire escapes and
exterior staircases
bay windows and awnings
boundary wall or fence
i
rear yard only
front, rear and
exterior side yards
only
any yard
Max. Projection
from Main Wall
0.5 metre
1.5 metres
1.0 metre
- 27 -
4.23
PARKING REGULATIONS IN RESIDENTIAL ZONES
4.23.1
All parking spaces in any residential zone shall
be located in an attached or detached private
garage, or in a driveway, or in a side or rear
yard provided that the lot coverage of the spaces
shall not exceed fifteen (15) percent of the total
lot area.
4.24
DRIVEWAY REGULATIONS WHERE A DRIVEWAY
IS REQUIRED TO SERVE A RESIDENTIAL USE
4.24.1
The maximum width of a driveway, measured along
the sidewalk, where such exists, or along the
street line shall be nine (9.0) metres.
4.24.2 The minimum distance between a driveway and an
intersection of street lines measured along the
street line intersected by such driveway shall be
nine (9.0) metres.
4.24.3 The minimum distance between an interior side lot
line and any driveway, with the exception of a
mutual or common driveway, shall be one (1.0)
metre.
4.24.4 The interior angle formed between the street line
and the centre line of any driveway shall not be
less than forty-five (45) degrees.
4.25 PERMITTED PUBLIC USES
The provisions of the By-law shall not apply to
the use of any land or to the erection or use of
any building or structure for the purpose of
public service by the municipality or by any to:al
Board thereof as defined by The Municipal Affairs
Act, Chapter 98, R.S.O. 1970, any telephone,
telegraph or gas company, any department of the
Governments of Ontario or Canada, including Ontario
Hydro or any other public authority provided that:
a) the lot coverage, setback and yard requirements
prescribed for the zone in which such land,
building is located shall be complied with;
b) no goods, material, or equipment shall be
stored in the open in a Residential Zone;
c) any building erected in a Residential Zone
under the authority of this paragraph shall
be designed and maintained in general harmony
with residential buildings of the type permitted
in the Zone.
- 28 -
4.26 MOBILE HOMES PROHIBITED IN ALL ZONES
It shall be prohibited to locate and use a mobile
home in any zone for the purposes of residential,
business, industrial or institutional uses, tempor-
arily or permanently, unless the use of a mobile
home for such purposes is listed specifically in
this By-law as a permitted use within a particular
use zone.
4.27 OCCUPANCY OF PARTIALLY COMPLETED BUILDINGS
No new building shall be occupied before the main
side walls and roof have been erected and roofing
have been completed, and sanitary conveniences
installed and, where applicable, kitchen and
heating facilities have been installed.
4.28 SPECIAL USE REGULATIONS FOR DEFINED AREAS
To each defined area within any zone there shall
apply such special regulations as may be estab-
lished by this By-law with respect to such defined
area and, in addition to such special regulations,
all provisions of this By-law including the general
regulations applicable to the zone within which
the defined area is located shall apply to the
defined area; provided that, unless a contrary
intention appears from the special regulations,
a) If the special regulations are different
from the corresponding regulations of this
By-law, including the general regulations
applicable to the zone within which the
defined area is located, the special regula-
tions shall supercede and prevail over such
corresponding regulations of this By-law;
b) If the special regulations establish one or
more specifically permitted uses of the defined
area, such permitted use or uses shall be
the only purpose or purposes for which the
defined area may be used, and
c) If the special regulations specifically
permit one or more uses in addition to those
otherwise permitted in the zone within which
the defined area is located, any and all of
the other special regulations applicable to
the defined area shall apply only to the
additional permitted use or uses and not to
uses otherwise permitted in the zone.
so 1.
SECTION 11 INSTITUTIONAL ZONE (I) REGULATIONS
11.1 PERMITTED USES
Institutional uses including churches, schools,
senior citizen.homes. hospitals and government
offices.
11.2 PERMITTED BUILDINGS AND STRUCTURES
Buildings and structures for the permitted uses.
11.3
MINIMUM LOT AREA
Where municipal sanitary sewage disposal
facilities
and a piped municipal water supply are not
available -
1,855.0 square metres
Where municipal sanitary sewage disposal
facilities
are not available but a piped municipal
crater supply
is available - 800.0 square metres
Where municipal sanitary sewage disposal
facilities
and a piped municipal supply are available
- 555.0
square metres.
11.4
MINIMUM LOT FRONTAGE
Where municipal sanitary sewage disposal
and piped
water supply facilities are available -
15.0 metres
Otherwise - 20.0 metres
11.5
MINIMUM LOT DEPTH
38.0 metres
11.6
MAXIMUM BUILDING LOT COVERAGE
Where municipal sanitary sewage disposal and piped
water supply facilities are available - 60 percent
Otherwise - 40 percent.
11.7 MAXIMUM BUILDING HEIGHT
12.0 metres
11.8 MINIMUM FRONT YARD
&?V 1.0 i4W metres
11.9 MINIMUM SIDE YARD
4.0 metres
to %
- 44 -
�. S
MINIMUM REAR YARD
where the yard abuts a Commercial or
Industrial Zone: 6.0 metres
where the building contains residential
accommodation: 10.0 metres
- where the yard abuts a Residential or
Park and Recreation Zone: 10.0 metres
- 4t, -
SECTION 12 INDUSTRIAL ZONE (M) REGULATIONS
12.1 PERMITTED USES
manufacturing and industrial operations
warehousing and storage useL
automobile body shops
offices and retail outlets related to the industrial
operations carried on in the same building
buildings accessory to the permitted uses
dwelling unit or units in a portion of the non-
residential building, in conformity with the floor
space regulations for an R1 Zone, for one caretaker
or one person and his family employed in the
manufacturing and industrial operations or uses
permitted in this subsection.
12.2 PERMITTED BUILDINGS AND STRUCTURES
Buildings and structures for the permitted uses
or accessory to the permitted use.
12.3 MINIMUM LOT AREA
Where municipal sanitary sewage disposal facilities
and a piped municipal water supply are not available -
1,855.0 square metres
Where municipal sanitary sewage disposal facilities
are not available but a piped municipal water supply
is available - 930.0 square metres
Where municipal sanitary sewage disposal facilities
and a piped municipal water supply are available -
740.0 square metres
12.4 MINIMUM LOT FRONTAGE
Where municipal sanitary sewage disposal facilities
and a piped water supply are available - 25.0 metres
Otherwise - 30.0 metres
. 12.5 MINIMUM LOT DEPTH
Where municipal sanitary sewage disposal facilities
and a piped municipal water supply are not available -
76.0 metres
Where municipal sanitary sewage disposal facilities
are not available but a piped municipal water supply
is available - 54.0 metres
- 4.6 -
Where municipal sanitary sewage disposal facilities
and a piped municipal water supply are available -
30.0 metres
12.6 MAXIMUM BUILDING COVERAGE
40 percent
12.7 MAXIMUM BUILDING HEIGHT
12.0 metres
12.8 MINIMUM FRONT YARD
9.0 metres
12.9 MINIMUM SIDE YARD
4.0 metres except where the use abuts a Residential
or Park and Recreation Zone in which case the yard
will be 7.0 metres
12.10 MINIMUM REAR YARD
7.0 metres except where the use abuts a Residential
or Park and Recreation Zone in which case the
yard shall be 10.0 metres
12.11 STORAGE
a) No storage shall be permitted outside the
building or buildings on the lot until a
fence of a minimum 1.5 metres in height
is erected and maintained at'all times
around the area of the lot to be used for
storage.
b) No storage shall be permitted outside the
building or buildings on the lot in the
front yard, or in a side or rear yard which
fronts, is opposite to, or abuts a Residential
or Park and Recreation Zone.
0
P
P
IR000OIS BEACH
PROVINCIAL PARK
A AGRICULTURAL
Ri RESIDENTIAL ZONE 1
TP TRAILER PARK
Cl GENERAL COMMERCIAL
C Z LOCAL COMMERCIAL
C3 HARBOUR COMMERCIAL
INSTITUTIONAL
TRIAL
RECREATIONAL
H ..w:ARD LAND
A
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VILLAGE OF PORT BURWELL
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EXPLANATORY NOTE
BY-LAW NO. 364
VILLAGE OF PORT BURWELL
By-law No. 364 is -a comprehensive zoning by-law for the Village
of Port Burwell. The By-law implements the Official Plan of the
East Elgin Planning Area as it applies to the Village.
The By-law regulates the use of all land, buildings and structures
in Port Burwell. It authorizes the uses (i.e: residential,
commercial, industrial) set out in the accompanying and attached
schedule (zone map), and prohibits any use of land or the con-
struction and use of buildings and structures not specifically
authorized. Exceptions to this rule are limited to those uses,
lawfully in existence on the day the By-law was adopted and to
those uses the plans for which have been approved by the Village
Council prior to the day of the passing of the By-law. In
addition, the By-law also permits lots existing as of the date
of passing of the By-law with less than the minimum lot area, lot
frontage or lot depth to be developed for the uses specified in
the appropriate zone provided all other regulations in the By-law
can be satisfied.
All measurements in the By-law are in metric units. The abbrevia-
tion 'm' represents metres, 'm2' represents square metres and
'ha' represents hectares. Conversion tables are provided at the
back of the By-law for convenience.
A brief summary of the provisions of By-law No. 364 are provided
below. Council urges you read the entire By-law and to note in
particular how it affects your property. Applications to amend
the By-law may be made at any time.
SUMMARY OF BY-LAW ZONE REGULATIONS
AGRICULTURAL (A) ZONE
The A zone permits agricultural uses, existing residential uses,
farm buildings and structures including one single family de-
tached dwelling on one lot, home occupations and accessory uses.
The minimum lot area in an agricultural zone is 10 hectares
(25 acres) with a minimum lot frontage of 150 metres (492 feet).
The minimum floor area for a single family detached dwelling is
78 square metres (840 square feet). Maximum lot coverage for
any structure in an A zone is 20 percent with a minimum front
yard of 18 metres (60 feet), and a minimum rear yard of 15
metres (49 feet) .
r %.
RESIDENTIAL (R1) ZONE
The R1 zone permits one single family detached dwelling; one
duplex dwelling; one semi-detached dwelling or one unit of a
semi-detached dwelling on one lot; multiple -family dwellings
with a maximum of four dwelling units; home occupations; and
accessory uses. The minimum lot area for single family dwell-
ings is 1855 square metres (20,000 square feet) where municipal
sanitary sewage disposal facilities and a piped municipal water
supply or a communal water supply are not available, and, 800
square metres (8,600 square feet) where sewage disposal facilities
are not available but a piped municipal water supply or communal
water supply is available. The minimum lot area for one unit
of a semi-detached dwelling is 370 square metres (4,000 square
feet). The minimum lot area for a multiple family dwelling is
1855 square metres where sanitary sewage disposal facilities and
a piped municipal water supply are not available and 1,140 square
metres where a piped municipal water supply is available. Maximum
building coverage is 30 percent for all dwellings except multiple
family buildings which may cover 40% of the lot. The minimum
lot frontage where a piped municipal water supply is available
is 20 metres (66 feet) and the minimum floor area is 78 square
metres (840 square feet).
TRAVEL TRAILER PARK (TP) ZONE
The TP zone permits travel trailers; an administrative or rental
office; a recreational centre; a private park; and a detached
single family dwelling for a caretaker or watchman. The minimum
lot area for each trailer site is 220 square metres (2368 square
feet) where septic tanks are used and 148 square metres (1593
square feet) where communal holding tanks are provided. The
minimum lot frontage is 12 metres (39 feet) and the minimum lot
depth is 18 metres (59 feet) except where communal sewage
facilities exist where it is 12 metres (39 feet). A maximum
number of 60 travel trailers will be permitted in a travel trailer
park.
GENERAL COMMERCIAL (Cl) ZONE
The C1 zone permits a full range of commercial uses including
automobile service stations and sales establishments; banks;
hotels, motels and taverns; offices; restaurants; and retail
stores. The minimum lot area for General Commercial uses is
1855 square metres (20,000 square feet) where municipal sanitary
sewage disposal facilities and a piped municipal water supply or
a communal water supply are not available.
Where municipal sanitary sewage disposal facilities are not
available but a piped municipal water supply or communal water
supply is available the minimum lot size shall be 800 square
metres (8,600 square feet). Minimum lot frontage is 20 metres
(66 feet) with a maximum building coverage of 60 percent and a
maximum building height of 12 metres (39 feet). No front yard
is required along Robinson Street between Waterloo Street and
Pitt Street, or along Wellington Street from Robinson Street
to Erieus Street but the minimum front yard elsewhere shall be
7 metres (23 feet). The minimum side yard where the yard abuts
a Residential or Park and Recreation Zone shall be a minimum of
4.0 metres (13 feet), otherwise no side yard shall be required.
The minimum rear yard depth is 6 metres (20 feet).
LOCAL COMMERCIAL (C2 ) ZONE
Permitted uses in the C2 zone include a neighbourhood retail
store; a variety store; an automobile service station; a T.V.
sales and service shop; a medical office or clinic; dwellings
connected to and forming an integral part of the commercial
building and provided with a separate access; and buildings
accessory to the foregoing uses. Regulations for minimum lot
areas are identical to those in the General Commercial (Cl)
zone. Minimum lot frontage is 20 metres (66 feet), maximum
building height is 12 metres (39 feet), minimum front yard is
7 metres (23 feet), and the minimum side yard is 4 metres
(13 feet) .
HARBOUR COMMERCIAL (C3) ZONE
The C3 zone permits marinas; boat construction; fishing
businesses; public and private parks; industrial uses including
boat repair operations, grain elevators; storage areas for
gas exploration equipment; and a heliport. The minimum lot areas,
frontage, depth, and rear yard are the same as the General
Commercial Zone as are the maximum building coverage and building
height regulations.
INSTITUTIONAL (I) ZONE
All institutional uses including schools, hospitals, churches,
government offices and senior citizen homes are permitted in
this zone. Minimum lot areas of 1855 square metres (20,000
square feet) and 800 square metres (8,600 square feet) are
determined by the availability of municipal services in the
same fashion as in commercial zones. Maximum building height
is 12 metres (39 feet), minimum lot frontage is 20 metres
(66 feet), and maximum building coverage is 40 percent.
INDUSTRIAL (M) ZONE
The M1 Zone permits manufacturing and industrial operations;
warehousing and storage uses; automobile body shops; offices
and retail outlets related to the industrial operations carried
on in the same'building; accessory buildings; and dwelling units
in a portion of the non-residential building, in conformity with
R1 floor space regulations, for one caretaker or person and his
family employed in the industrial operation permitted on the site.
- The minimum lot area where municipal sanitary sewage disposal
facilities and a piped municipal water supply or a communal water
supply are not available is 1855 square metres (20,000 square
feet). Where municipal sanitary sewage disposal facilities are
not available but a piped municipal water supply or a communal
water supply is available, the minimum lot area shall be 930
square metres t10,000 square feet). Additional M Zone regula-
tions include: minimum lot frontage 30 metres (98 feet);
minimum lot depth 54'metres (177 feet); maximum building height
12 metres (39 feet); maximum building coverage 40 percent;
minimum front yard 9 metres (30 feet).
PARK AND RECREATION (P) ZONE
The P Zone permits public or private parks, including play-
grounds; conservation areas; picnic facilities; public
marinas; public buildings, including a museum or exhibition
arenas and areas or community halls; public parking areas;
dwelling units for caretakers; and accessory buildings. Any
buildings erected in a Park and Recreation (P) Zone shall be
set back a minimum distance of 7 metres (23 feet) from any
lot line.
HAZARD LAND (H) ZONE
The H Zone permits any outdoor recreation use including
conservation activities; public and private parks and golf
courses; forestry and wildlife areas; horticultural nurseries;
and agriculture. Buildings and structures are prohibited
except those necessary for flood prevention and control.
•
SECTION
TABLE OF CONTENTS
TITLE
PAGE
1
Interpretation and Administration
1
2
Definitions
5
3
Zones and Zoning Map
18
4
General Provisions
20
5
Agricultural (A) Zone Regulations
29
)6
Residential Zone 1 (R1) Regulations
30
�Q
Travel Trailer Park (TP) Zone Regulations
35
8
General Commercial (Cl) Zone Regulations
36
r
i9
Local Commercial (C2) Zone Regulations
39
110
Harbour Commercial (C3) Regulations
41
11
Institutional Zone (I) Regulations
43
12
Industrial Zone (M) Regulations
45
/ 13
Park and Recreation (P) Zone Regulations
47
14
Hazard Land (H) Zone Regulations
49
Schedule A
Conversion Tables
r
C�
THE CO.3PORATION OF
r THE VILLAGE OF PORT BUHWELL
BY Lh'9 3f 3b5
(Being a By Law with respect to the 1980
Court of Revision in accordance with
Sections 636 and 636(a) of The Municipal
Act.)
The Council of the Corporation of the Village of Port Burwell ENACTS AS FOLLOWS:
THAT the tax amounts as indicated on Schedule "A" to this by law be and are
hereby approved for write—off; and
THAT rebates and removal of arrears as applicable are approved; and
THAT chargebacks as applicable be sent to Elgin County, and the Elgin County
Boards of Education.
Read a first, a second, and a third time and finally passed and carried this 9day
of A)I?IK-l` , 1981, A.D.
.. : •. tO
0.......
RON BRADPIELD,
R.G. LACRDIX, CLERK TREASURER
•
F
SCHEDULE "A" TO BY LAW N0. 365
TAXES, REDUCED ASSESSMENT, UNDER SECTIONS 636 AND 636(a), THE MUNICIPAL ACT.
ROLL NO. NAME YEAR TAX REFUND REASON
1-128-0000 Frederick Hatter 1980 $307.45 Razed by fire
1-240-0002 William Brindley 1979 $ 32.62 Uncollectable, no longer in village doing
business
1-383-0000 George Dean 1979 $ 24-19 Uncollectable, non owner of property
Totals $364.26
R.G. LACROIX,
TAX COLLECTOR
0
-c
THE CO:ZPGRATION ON
THE VILLAGE OF PORT BU11,'JELL,
BY LAW #
( Being a by—law with respect to the
purchase of certain property)
WHEREAS the Corporation of the Village of Port Burwel: has offered to
purchase the lands hereinafter particularly described, namely:
Part lots 14 and 15 on the south side of Pitt Street,
in the Village of Port Burwell, in the County of Elgin,
having a frontage of 46, more or less by a depth of
132' more or less, and
WHEREAS the vendors of the said lands, namely Bruce Cowan and Mary Cowan,
have accepted the Village offer;
THEREFORE be it resolved that the Council of the Corporation of the Village
of Port Burwell ENACTS AS FOLLOWS:
1. THAT the Corporation of the Village of Port Burwell enter into and
execute an agreement of Purchase and Sale with Bruce Cowan and
Mary Cowan for the purchase of the said lands.
2. THAT the Reeve and Clerk are hereby authorized to execute such
documents as may be necessary for the purchase of the said
lands, and to attach thereto the Corporate Seal.
Read a first, second and third time and finally passed and carried this
'-P "J day of IvIQaly , 1981, A.D.
.2- :%..............
REEVE, RON B FIELD
CLERK, R.G. LACROIX
1
ce"
0
New•nm<�nd C"Itwrt, t..m 011-1. w.th.".t aro...•.I C.. 1 (71—
Form IK2 July. 1979
h1*5 m1ruturr
made in duplicate the tenth day of Apri 1
one thousand nine hundred and eighty-one
fn Vitrounurr of 111r L41I70rf ±corms of (6o1111rgnnrrll Art:
T.Bettzteett
Bruce Cowan, of the Township of Norfolk, in the
Regional Municipality of lialdimand7Nor.folk, Labourer, and
Mary Cowan, of the same place,
hereinafter tolled the "Grantor"
OF THE FIRST PART
and
THE CORPORATION OF THE VILLAGE: OF PORT BURWELL,
�j
hereinafter called the "Grantee"
OF THE. SECOND PART
iffiC55CH] that in consideration of Five Thousand Two Hundred and One-
--------------------------------($5,201.00)-----------Dollars
now paid by the said Grantee to the said Grantor, the receipt whereof is hereby by him acknowl-
edged, he the said Grantor DOTH GRANT unto the said Grantee in fee simple
THOSE, lands and premises located in the following municipality, namely.
in the VILLAGE OF PORT BURWELL
and being composed of 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 being composed of part of
Lots 14 and 15 west on Erius Street and south of Pitt Street
according to registered Plan Number 12 for the said Village of
Port Burwell, more particularly described as follows:
COMMENCING at a point on the northerly limit of said Lot 15 !I+
distant 4 feet easterly from the north westerly anqle of said Lot,l
THENCE southerly parallel to the westerly limits of said Lots 15
Viand 14 a distance of 132 feet more or less to the southerly limitll
of said Lot 14, THENCE easterly along {said southerly limit 42 feet;
B'THENCE northerly parallel to the westerly limits of said Lots 14
and 15 a distance of 132 feet more or less to the northerly limit
of said Lot 15, THENCE westerly along said northerly limit 42 feetll
;.more or less to the place of beginning.
tl
Newsome and Gilbert, LI.R& • twa. wai e t Sr. —al rnn•ent Clause �+
►non 1193 Tsar t
July, 19M
' . I TO HAVE AND TO HOLD unto the said Grantee, his heirs, executors, administrators,
successors and assigns to and for their sole and only use forever.
I
SUBJECT NEVERTHELESS to the reservations, "limitations, provisoes and conditions
I '
expressed in the original grant thereof from the Crown. i
The said Grantor COVENANTS with the said Grantee that he has the right to convey the
said lands to the said Grantee notwithstanding any act of the said Grantor.
AND that the Aaid Grantee shall have quiet possession of -the. said lands free from all
encumbrances.
„ G
'i AND the said Grantor COVENANTS with the said Grantee that he will execute such further i
j assurances of the said lands as may be requisite.
I�AND the said Grantor COVENANTS with the said Grantee that he has done no act to encumber
the said lands. �I
AND the said Grantor RELEASES to the said Grantee ALL his claims upon the said lands.
l
it it
I• I•
i
i
11 PROVIDED that in construing these presents the words "Grantor" and "Grantee" and the pronouns "he", "his"
iI or "him" relating thereto and used therewith shall be read and construed as "Grantor" or "Grantors", "Grantee"
or "Grantees", and "he" "she" "it" or "they", "his", "her". "its" or "their", or "him", "her", "it" or "them",
i respectively, as the number and gentler of the party or parties referred to in each case require, anti the number
i' of the verb agreeing therewith shall be construed as agreeing with the said word or pronoun so substituted.
1 '
IN WITNESS WHEREOF the said parties hereto have hereunto set their hands and seals.
� SinnrD. fi�rs►lcIt auD ilrliucrrit � .1t�.V�
I
IN THE PRESENCE OF
/i
/ G `
i II
�t I
I ,
Form 130 AMdava, 1'latuung Act
The Reglaty Act
Un uuunery Co. Limited, Legal Form DeOL
0 Production Drive, Scarborough
J
Tbe Aegighp act
IN THE MATTER of the PLANN4NG A(;T ( its amended)
I
AND IN THE MATTER of a (Deed) of (Part of) Lots 14 and 1.5
hrMEfbncrssion-or-Plan 12, Village of Port Burwell dated, April 10, 1981
K We, Bruce Cowan and Mary Cowan, both
of the . Township of Norfolk,
in the Regional Municipality of Haldimand-Norfolk, severally
make oath and say as follows:
we are
1. That farrr(the aolicitor-fort the (Grantor6 named in the above mentioned
(Deed) (•114ertme}-<heaee} which is attached hereto.
2. That the said (Deed) (let-Fl�eel+c-�
does not contravene the provisions of 77ie Planning Act, its :amended, because:
Delete the —-7{N. fIr'1TRt7rY'lFM'f'!I-fMMWM-1%I+iWMI+I-iWIMIM�%I� w...-IJw�• ariH .(�'rtle•+1 a+n-iri-xr-ct w�►t!f
Baeeptl.m not •1 ./"r�l
avnueable—rr,:itthr�rmrt,�rtertirtn•rerTr-irrmrtTrrs�Tijflnrrrtlnrrrt/�riNnr�art-fitfnm�-inml-rtlm!{nr��ir�lt7ruf•
"C'%ftl-tlm<IsIrNlr thRN
The land 2. land (or intcrv%1 lhervin) (lr•a'cribed in the Oved. it bein„, acquired or
dis)iosed o/ by the Crotch (or a lnunil'iliolit y).
SEVERALLY
SWORN before mew
at the Town of Tillsonburg
in the County of Oxford
this 13t day of April, -L
19 81.
-r
A 1 etc.
and f;nAr rt. l.Imltrd . - ST. Forme Afhdagtt of Su AseriAina W,l—
a7 AS. and Swu•+I Status
AFFIDAVIT OF SUBSCRIBING WITNESS
I
of the
in the
make oath and say:
•See footnntr I am a subscribing witness to the attached instrument and I was present and saw it executed
at by
-See footrest. I verily believe that each person whose signature I witnessed is the party of the same name referred
to in the instrument.
SWORN before me at the 1
this day of 19
A COMMISSIONER FOR TAKING AFFIDAVITS. ETC
• Wham a party is rnahle to read the irufru 1 or rhere a Pa11Y wpn. by —A4 9 hi. rwark o in foreign character. add "a/fe, in.t.rrnenf Md Deew road to Aim
and he appeared fully to rrid—bit.d It Where --ted ruder n power.of atfo rney insert "/name of ati—Rev) as attorney for (rfawv of mrty)": "Nut for wart
dares Substitute "1 verily belfew that the person whose riDnafrre I-f—sed - authorized to rmrrtr the ifufrrMerff w attarneV for twawvl".
AFFIDAVIT AS TO AGE AND SPOUSAL STATUS
I wx Mary Cowan
of the Township of Norfolk,
in the Regional Municipality of Haldimand-Norfolk,
If an-7. X9Q9BX0190 make oath and say: When I XX executed the attached Instrument,
ere footnote
I WAS / X'lFXWXRRZARX at least eighteen years old;
mid within the meaning of section ll fl of Thr Family Law Refnrrn Arf. 1978,
(a) I WAS 314*110tiM a spouse.
Strike out yy��yy �/�/}/
Ina DDliraDle M X X X X X X X X X X X X X X X X X XX XW.V.4X"Y'X
rlsuea
(1dXXft)r41fX'R9 *XX6M7[XWkX1X
I am a resident of Canada within the meaning of the Income Tax Act.
--Not*
matriDfaW The within described lands and premises have never been occupied
°0omi.ru• by myself and my spouse as our matrimonial home.
a. toomote
Rr.dent of
Gn►Aa. ate
UNIC) SWORN before me at the t
Town of Tillsonburg 7%.' �"`��`•
in the County of Oxford I
thi, 13thd,rof April, 19 81.
� V `
cy.r �++toNEw FOR T.w,Nc AFF ITS. a*c ,
• hnf, l4'herr, Kaki e,l a,odr hw n atfo.weY vub hlwtr' "Whew f r:errW /A. .,tun, hrA .. •t r..lnr•r n affn. weY Inr /na wet. M/.Ae seas (e .N sutra.
oz,rt It af.pt,rn6f. I.n of w.lArr ennr✓! r.rhin the w Ina n/ -,fiow II J! nl TA, h'I,,n,fy fn Rrl,,,. Art. It,— and f k— A,/.A, r—led
merger of atf,m v hr/sAr had *turned ME sae of aaofonti,"
•• No', ,See .Ceet,nw 4111, of Thr h'..dy 1n f:, m Arf. 1P71 YAree a %we dh w 1 w ,w nr rnwerw/: or ro,Rpiete IS armeefe aAdSN.
. AFFIDAVIT OF SUBSCRIBING WITNES�
1'. Lan Redford Linton,
of the Town of Tillsonburg,
in the County of Oxford, Solicitor,
•sae taotaate make oath and say:
1 am a subscribing witness to the attached instrument and I was present and saw' it executed
at Tillsonburq, Ontario by Bruce Cowan and Mary Cowan.
•aw footatre 1 verily believe that each person whose signature 1 witnessed is the party of the same name referred
to in the instrument.
SWORN before me at the
Town of Tillsonburg
in the County of Oxford
this 13th(lay of April, 1981.
r
PEARL A. IANGt)HR. 7 Commi u�o•.r. roa r.n�vn .r.� s r.r
taking AfflOavits PrOvmce o; niarnofor
Gipson. Linton, Toth 6 Campbell. 8arn. for
& Solicitors. Expires July 9, 11983 sters
COmmgsl0n No. 8061 '
Z N'A ere a to rfY i. nnAre rn .tad tAr in.rtim.nt or
r.Ar.r a ynrry l,y nnwinv Au mark or to lorripn rAe mete rs aAA
"alto the insim—f hod hero —A to him and he np,Knred /ear to anAr..rn nd a". a'Mr t:rrr4d rad" . potter .1 atfprnry
;nstrt "(nnmr of nfrornry) n. afm.aK for roam, of party)"; and for next rMur..0 Mfifra "1 -,Qv Ms.- that Ill. person iaAn..
sign.f rn 1 u•ifne.aed — ..thari"st to .....I, the in.rria-1 as .ttornty for Innmrl
- CIE-L-A D-TRANSFER-TAX—AC T197"- FFIBANIT-OF VALUE OF -THE -CONSIDERATION- -
(* iffy
fs llMa�
troa.eraatel
This .411
may be m.de
by the pur-
chaser or
vendor or by
.ny one acting
for them under
power of
.tto rney or by
agent
.saccredited in
iting by the
purch-.r o
endor or by
the a.I icit— „f
either or them
or by some
other --.
approved by
the Min later
of Revenue.
IN THE MATTER OF THE CONVEYANCE; made
by:
to:
on the day of
I, ......._... _.. _._ .__.._...........
of the ........
inthe ............................... .... .......... .
MAKE. OATH AND SAY THAT:
_.. ..................... . . _ ............. ...... .................... _..._... i»_..
................................... . _.... ..... .... ..................... ... Y"---
...._... ....... .......».................... ................. ...... ...._........ 1z ......... »-»
.... »...... .... _..................... .._. .__ _... ..... ........ _............ ........ ......»
............... ................ .............. ._... _...... .._.._19---- _------ ___......
1. I am ..........................
named in the within (or annexed) conveyance.
2. 1 have a personal knowledge of the facts stated in this n(lidavit.
3. (1) The total consideration for this transaction has Ileen allocatod as follows:
(a) Land, huildings, fixtures and goodwill _....-
(b) Chattels — items of tangible personal property - ( c note) ....... :....
TOTAL CONSIDERATION . _.. _.... .
(2) The true consideration for the tiansfet or conveyance fo1
Land Transfer Tax purposes is as follows:
(a) Monies paid in cash j....... - -.
(b) Property transferred in exchange (Detail below') f .... .......
(c) Securities transferred to the value of (Detail below) _..... ..
(d) Balances of existing cncumhrancesi w'ilh interest owing at date of t ansfer ... _
(e) Monies secured by mortgage ynder this transaction j
i
(f) Liens, legacies, annuities and maintenance charges to which transfer is subject ;
(g) Other (Detail below) _-
TOTAL CONSIDERATION (should agree with :3(11 (a) above)
4. If consideration is nominaf, is the transfer for natural love and affection?
5. If so, what is the relationship between Grantor and Grantee?
.. ........ .... ...............
6. Other remar and explanations, if necessary
........»...... _........ .r....... .......
» _..._.... .
SWOIt before me at the
of //
the
this day of Itl
All
blank.
mu.t
be
sash
In
NOTE TO PARAGRAPH fll l)i h) Chattel,. Retail ..Ie. t.. i. p.,.hle on the valuation ..f item. -h.— in 3( 11 (h) oats•. otherwise exempted under the provision. of
The Retail Sale+ Tait Act It.S O 1170 CON a. amended. t'nr the purpi..r of thi. affidavit insert n)..r. 1, the valur •.f ch.tt,l.. the Wt.l value of which in the opinion
of the deponent eacetdih $100.00, Thi. d. not c.onerate a purtha.er from the payment of RHail Sal- Tom .m any tangible prrwnal property as part of this transaction.
When chattels sae purchased a, part of this transaction, with value of Naas than f100.00. the arpl.,.bl, Is..hu eld bi• paid by the purchaser to the Treasurer of Ontario
and remitted to the Minister of Revenue.
E LAND TRANSFER TAX ACT, 4
AFFIDAVIT OF WSIDENCE AND OF VALUE OF TMCONSIDERATION
IN THE MATTER OF THE CONVEYANCE OF (inserl brief description of land) part ,of , Lots 14 and 15 west
bn..Er.iva..$txvet..&..south ,.of,.P.itt..Street,..Plan.... 12... for,,the,Village,�of .......•.
.............................................................
BY(print names of all franslerorsin full)..........................................................................................
... Bruce.. Cowan.. and.. IKaxy...Cowan................................................................................
TO (see instruction I and print names of all transferees in lull)....................................................................
...THE..CORPORATION Olr'..TN$..VxI,LACtE.OF„PORT ... BURWELL............................................
I. (see instruction 2 and print namefa)in fuln.....................................................................................
... Ian. Red fond.. Linton...............................................................................................
•
MAKE OATH AND SAY THAT
t. I am (place a clear mark within the square opposite that one of the following paragraphs that describes the capacity of fha depdnenNS& (see
instruction 2)
(a) A person in trust for whom the land conveyed in the above -described conveyance is being conveyed:
❑ (b) A trustee named in the above -described conveyance to whom the land is being conveyed:
❑ bove-desc (c) A transferee named in the abed conveyance.
(d) The authorized awwo.tu solicitor acting in this transaction for ..THE.. CORPORAT.I.ON..OF...THE..V.ILLAGE .
OF.. PORT . BURWELL. . .. I•�wi nrrwa at w%cle.km
described in paragraph(s) Ilex Ilbx (c) above. (stroke out references to inapplicable paragraphs)
❑ (a) The President, Vice -President. Manager, Secretary, Director, or Treasurer authorized to act for ..........
Iui..rl�.rrieli,l tit �orpo:.itoiijill
.....................................................................................................................
described in paragraph(s) (a). (b). (c) above: (strike out references to tnabpliCable paragraphs)
❑IQ Atransferee described inparagraplll : )(insert only one ofparagraph (aI.(b)or(`►above. as applicable) and am making this
affidavit on, my own behalf and on behalf of ............................ .........It...................... .
Itmai n.n:e of ilpoliwl
who is my spouse described in paragraph ( ). (insert only one of paragraph Is), (b) or (c) above, as applicable)
and as such, 1 have personal knowledge of the facts herein deposed to.
2. 1 have read and considered the definitions of "rion-resident corporation" and "non-residenl person" set out respectively in clauses f and g of
subsection t of section i of the Act. (see instruction 3)
3. The following persons to whom or in trust for who , the land conveyed In the above-desc ribed conveyance is being conveyed are non- resident
persons within the meaning of the Act. (see Instruction 4) ...............................................................
................................................ None ............................................................... .. .
4. THE TOTAL CONSIDERATION FOR THIS TRANSACTION IS ALLOCATED AS FOLLOWS
(a)
Monies paid or to be paid incash --
S S .e 20.1.. 00 ....
(b)
Mortgages (i) Assumed (show principal and interest to be credited
against purchase pace) ___ .. .... __
s ....n1.1.. ......
(it) Given back to vendor __ _ ___—_
s ....nil..........
(c)
Property transferred in exchange (detail below) _—.. _
s ....nil .. • .. • •
(d)
Securities transferred to the value of (detail below) . _ _ ----- --._-
s .... nil ... ...... .
(a)
Lions. legacies. annuities and maintenance charges to which transfer
si
MVSr of p[
Is subject - - -- - - - ---- ------ —
f ... n l l
FILLED IN
(f)
Other valuable consideration subject to land transler tax (detail below)
$ n 1 l
INSE1ET' NIL
(g)
VALUE OF LAND. BUILDING. FIXTURES AND GOODWILL
WHERE
5 201.00
5 20100 •D°L'CAeLE
SUBJECT TO LAND TRANSFER TAX (total of /a) to 1i11
S r
S !..........
(h)
VALUE OF ALL CHATTELS — Items of tangible personal property
iaer,ni Sate% ra, la nayatia on the MIno M aNChariots Wtthus bAnrpi undo. the PI—s-5 M
S n i l
Inn n.ta.t Sate% tar Act n s o Igin r 4is. A. so—Kitrri _— -----
--
........... ... .
ni 1
(I)
Other consideration for transaction not included in (g) or (h) above
—__ _ _.
$
(1)
TOTAL CONSIDERATION _—__ __ ___ .
_ ____-
S 5,201.00 -
5 If consideration is nominal. describe relationship between transferor and
transferee and state purpose of conveyance (see nistrucfiOn 51
6. Other remarks and explanations. if necessary
_ .. ............................ _ ..... ..... -......
SWORN before Billie Town of Tillsonbur9l
in a Cou y o O ford )
J
3
l a April, ,s81. .... .... I... ,IN:iN.«;.... ..............
mm I��� I r ki I d I, Ic
WWA
county. for NNW like a T06 "insists, 1915"
awes Mssaalrr)R9M. PROPERTY INFORMATION RECORD
A. Describe nature of instrument .................... Dead....................................................................
B. (i) Address of property being conveyed (ifevaila") ...not..availablrt?........... :......................................
....................................................................................................
(to) Assessment Roll s (if available) ................... ...not• •available..................................................
C. Mailing address(es) for luturs Notices of Assessment under The Assessmanl Act for ropert being c eyed (Sea instruction E)
..c/.o..The.. V11lai.ge..of.. Port. Burwell.,,.Port..Burwell,..Ntar1o...............................
......................................... .................................... .... I..... .... .......................................
D. (I) Registration number lot last conveyance of properly being conveyed (it available) 2 2.8,786 • . • • • • • • • • • • • • • • • • . • . • . • • • • • • • • • • •
(n) Legal description of property conveyed- Sarno as in D.li) above. Yes[ No❑ Not Known ❑
E. Name(s) and addrgss(p of epcfitpn;levee's
Solettltor Ian a Or 1n On - -- -- --
C/O Gibson, Linton,*TOth For Lard Registry office use only.
& Campbe l l ir . 3 6 Broadway ,_ . , . REGISTRATION NO.
Tillsonburg, Ontarlo-
N4G 3P1 LAUD REGISTRY OFFICE NO.
................................................ REGISTRATION DATE
• u .ttnro.r,
.. footnot.
jJowan
IUAVIT AS'I'U.4GE AND SPOUSAL STAT
k / XKK I , Bruc �enzbci7sn�yx x
of the Township of Norfolk,
inthe Regional Municipality of Haldimand-Norfolk,
VKWKX" make oath and say: When K / IWX executed the attached instrument,
I WAS
K1P)ti.X / x]faE=K ZX9K at least eighteen years old:
and within the menning of section I(f) rrJ The Family Lnw Reform Act, 1978,
(a) jdpMX / I WAS NOT a spouse.
tilr,hr out
n.oDlk.Gle itbd XXK00[MMK
rl.u.e.
xaaxx�ao[x�ixx xavrx xwxsax
I am a resident
..Not. KHx3XJ§x1§X7Skxr>Q31ft=S/of Canada within the, meaning of the Income
marlw.ni.t Tax Act.
t.—. U .
_ a tootnoW
tte.ident or
G n.d., elc.
X3dS88lM6ieki0 SWORN before me at the
Town of Tillsonburg
in the County of Oxford I
this 13 thla April, 981 .
r
♦ C YI..IOMr. IOR TARING I .VIT., ETC.
etc: Where n8dnrd —dr by n.r nno.nry •uh.r rrWr. "H'hr" I .,,,.fed th, wl.�ArA i,nhvrn<„/ n. wnn..r
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r.ro�aeel .SJ]u .. J_v JliiltllJ tl0! 03AtllS3. 36 01 7JedS S—,
ONT&RIO REAL ESTATE ASSOOATION
AGREEMENT OF PURCHASE AND SALE
PURCHASER, The Corporation of the Village of Port Burwell offers to buy from
VENDOR. Bruce Cowan, and Mary Cowan thrtmgh-Vernior4-
hGC-t�i� , the following
PROPERTY: fronting on the south side of Pitt Street Tcfrdn?illtpmCtpBTly'p�. ,... ......................
in the Village of Port Burwell, in the County of Elgin
and having a frontage of 46 feet more or less by a depth of 132 feet more or less and desm'bod n
parts Lots 14 and 15 on the south side of Pitt Street, in the Village of....'
Port_..Burwell, in the County..of Elgin
.............................................
and One
at the PURCHASE. PRICE of Five Thousand, Two Hundred / Canadian Dollars(fCat,.5,201.00 ...)
on the following terms:
I. Purchaser submits with this offer One----------------------------- Dollars (i 1.00 .....)
cash/cheque payable to Vendor's Agesri a% a deposit to be held by him in trtut pending completion or other termination of this Agreement
and to be credited towards the Purchase Price on completion.
2. Purchaseragrccsto pay the further sum of $2,600.00 on the closing date which
is April 15th, 1981. The Purchaser further agrees to pay the remainder
of the purchase.price in the amount of $2,600.Q0 as soon as the Vendors
have removed the building on the premises, and it is hereby agreed that
such building will be -removed on or before June 1st, 1981.
3. In addition the Purchasers agree to assume the 1980 tax arrears on the
property and the 1981 taxes to the date of closing.
4. 7refrrKrlrnd-4�4emde"ftrl4lstxl(-mi%">SfiefTes nKTlelertieelmlheYmrrelMKTrfxlt'KepH*A"e-11!netl erelvnde7t-
-m � tfi:n Yhcrtrtl h+airrl.-c1t at rrfc arr inci mcicit-irr Mrs- T*rrchasc fnict-- -
4. Purchaser agrees that this Offer shall be irrevocable by him until I IS9 pm on the 18th d.,v of March
19 8 ,after which lime, if not accepted, this Offer shall he null and void and the deposit %hall he returned to I'ur.hascr without
interVor deduction.
S. This Agreement shall be completed on the 15 th day of Apri 1 1981 . Upon completion, vacant
possession of the prupcti> shall be given to Purchaser unless otherwise provided as follows:
Vendors to remove building as aforesaid.
6. Purchaser shall he allowed the 20 days next following the date of acceptance of this Offer to: examine the title to the property
at his own expense, to satisfy himself that there arc no outstanding work orderi affecting the properly, that its present use (
may be lawfully continued. and that the principal building may be insured against
risk of fire.
7. Vendor and Purchaser agtec that there is no condition, express or implied, representation or warranty of any kind that the future intended
use of the property by Purchaser is or will be lawful except as may be specifically stipulated hereunder.
16
8. Purchaser acknowledges having inspected the property prior to submitting this Offer and understands that upon Vendor accepting this
Offer [here shall be a binding agreement of purchase and sale between Purchaser and Vendor.
9. Provided that the title to the prope� gtmod and free from all encumbrances euept a %aid and except for any registered reslrre-
lions or cosenarals 1ndl m
that run with .prosiding that such are complied with and a fur any minor easements to public utilities
efteired for the supply of ddmustic utility services to the property. If within the lime allowed for examining the title any valid obicuion
to titre. or to any oul%l ending work nrlcr. or to the fact the said present use ntav not lawfully be continued. or that the principal building
may not he insured aganw risk of fire is made in writing it, Vendor and which Vendor is unable or unwilling to remove. remedy or satisfy
and which Purchaser will not waive. this Agrecment. notwithstanding .any intcnncdialc :acts or negotiaion% in respect of such ohjcclions•
shall he at an end and :all monies theretofore paid shall he returned w ahoul inieresl or deduction and Vendor and Vendor's Agent shall not
be liable fair any costs or d:noagcs. Stave as ua :any salid objection so madc by such Jay and caccpt fur any objection going to the root of
the title. Purchaser shall be conclusively deemed to have acccptcJ Vcndor's title to the property.
10. Purchaser shall not call for the prxluclion of any title deed, aaMlract. survey or other evidence of title to the property except such as are
in the pusscssion or conrrul of Vendor. Vendor agrees that he will deliver. if it is possible. any sketch or survey of the property to Purchaser
as soon as possible and prior to the last day :allowed for examining title.
11. All buildings on the property and all other things being purchased shall he and remain until complction a the risk of Vendor. Pending
completion. Vendor shall hold all imur:ancc policies. if any. and the proceed, thereof in trust for the p:arlics as their internees may appear
and in the event of suhstantial damage. Purchaser may either terminate this Agreement :md have all monies thcreloforcoutid returned
without interest air deduction or else take the proceeds of any insurance :and cumplele the purchase.
12. Provided That this Agreement shall he effective to create an interest in the property only if the erhdivision control provisions of The
Planning Act toe complied with by Veod ur�on ear before completion anal Vendor hereby covenants to proceed diligently at his expense
to obtain any necessary consent on or before completion.
13. Purchaser hereby warrants that he is not a nun-residem of Canada pur,uanl to The Land 'Transfer Tax Act.
14. Vendor covenants anal agrees that he will on or before closing provide to Purchaser either the certificate of the Minister of Revenue pn
Ontario that no lien is claimed under 'I he Land Speculation Tax Act. 1974. or an affidavit in prescribed form that this transaction is
exeiftpt from said lax punuanl to the Act. ;and if Vendor is a corporation or partnership that it will provide a further affidavit that there
has been no disposilion within the meaning of the Act.
IS. Purchaser shall he credited towards the Purchase Price with the amount. if any. which it shall he necessary for Purchaser to pay to the
Minister of Naiona l Revenue in order to satisfy Purchaser's liability in respect of tax payable by Vendor under the non -residency
provisions of the Income T:aj Act by rc:avm of this sale. Purchaser shall not claim such credit if Vendor delivers on completion the
prescribed certificate or his saattuory dlcclaralion that he is not then :a non-resident of Canada.
Ib. Vendor shall supply It) Purc•hascr at least rise Ill Jays before the completion Jae. Jct:ails of :my fire insurance to he assigned on closing.
17. Unearned fire insurance premiums• rents. ntorlgage interest. Iaxcs, local impeovcmcnl, wacr and assessmcnl rates and the cost of fuel shall
be :apportioned and allowed to the day o1Trlmplelion (the Jay itself Io he apportioned it) Purc•hascr).
18. T'he Jccd or Irnnsfcr shall, stave for the I.:nd Transfer Tau Affidavits. be prepared in registr:ahle form at the expense of Vendor and the
Mortgage at the expense of Purchaser.
19. Time shall in all respecis he of the essence hereof provided that the time fur doing or completing of any maucr provided for herein may he
extended or abridged by an agrcemena in writing signed by Vendor and Purchaser or by their respcclive solicitors who :are hereby expressly
:appointed in Ibis regard.
20. Any tender of Jocumcn)s or money hereunder may he made upon Vendor or Purch:ascr or their respcctiv'c ,oli6iore on the day for com-
plelion of this Agreement. Money may he tendered by hank draft or cheque certified by a chartered hank. truss company or Province of
Ontario Savings Office.
21. This Agreement shall constipate the entire :agrccmenl between Purchaser and Vendor and there is no resprescmaiion. warramy. collateral
:agrccmenl or condition affecting This Agreement or the property or snpplatctl hereby other than as expressed herein in writing. This
Agreement shall be read wish all changes of gentler air number required by the contest.
"d %% / r
DAlFDat Port Burwell this;3 Jay of 11IQv 19 0
SIGNED. SEALED AND DF.I.IVERED IN \� I I NI SS s,heicof I h.,%c hcrcunto set m)• haul and seal
in the presence of: THE ORA ON OF THE VILLAGE OF PORT BU ELL
c �� Da lo/r�/ft1 t 1/
Reeve I I urc o: r)
Date�f/��4c✓• S�
Clerk 1lhtrchascr/
The aindersigncd ;1-cp1s the ahoce Offer :rna}lrtra'r Nh11>•Arewl�alr+r`�utwdLid aantilu.wtinoluehiaactYieca�re{wy:WinFrJa�swiJ1]Lfcr.
N)-11w1�1a1111 M1f lio.17.Na'.aM al.lr f�NaL{Ma-M+NI(iI111W4.r�:tY/YRYJIW I.aIC J1L :YLWlYWIL IX)Hii 411J{M AWAV41-a4WWW1ak--i1a }rl�M xIa KiL
t'l7RMIM'n1M1r/Nry �M-aiYlia 1.tw�fM ntl-t 1w1-Map. W L t-l1a fX liyiH aL'{k:.dls1�W W Ya:i A1� SUfM.1 W L W �Y'J W INL W .ifht JY1L�111a1 .r 1yJ W P.aiJ�.1IJl1L'G
efaasrwnai+siawHW4.ihal,peaoa.Ywl►r 41WLIll
DATEDat
SIGNED, SEALED AND DELIVERED
in the�prye�sence of:
l
this Jay of A-4G6-1,14 19 O
IN WI I NI -.SS whereof I have hcrcuntnset any hand and seal: v
f].C.UcZ e, Dalc�/
Bruce Cowan I�'endor)
%J a ' u Comae �/!1 '� Date
Mar Co4�R�1 (Vendor)
A('ANOMPLEDGEMENT
I acknowledge receipl of my signed copy of this acccptcJ Agree- I acknowledge receipt of my signed copy of this acccptcJ Agree-
ment of Purchase and Sale. merit of Purchase :and Sale.
Date Date
(Vendor) (Purchaasea )
Dale Date
(Vendor) IPurch:a%cr)
Addre•s: Addre%%
Telephone No. 'Telephone No.
Vendor's Sohcaor Purchaser's Solicitor
THE CORPORATION OF
THE VILLAGE OF PORT BURWELL
BY LAW # 3G
0 (Being a by law to amend a previcus by law)
THE COUNCIL OF THE CORPORATION OF THE VILLAGE OF PORT BURWELL ENACTS AS FOLLOWS:
THAT BY LAW NO. 344 PASSED THE 11TH DAY OF AUGUST, 1980 BE AMENDED TD READ AS
FOLLOWS:
"THAT remuneration shall be as follows:
a. $150.-00 payable in March and $1;0.00 payable in September
for By Law Enforcement, and
b. $1.50 for each dog tag or license sold for Dog Licensing
Officer.
READ three times and finally passed this � day of 4i_�, 1981, A.D.
..w.r.O��.[a.7�i�� .ts.L4........
RON BRAD FIELD, RED
.�."�.�...`. ..............
R.G. LACROIX,CLERK
i 0 Sr11
-c
THE CO:ZPORATION OF
r THE VILLAGE OF PORT BURR'JELL
By 1A;7 ii 3l0
( A By Law to authorize the execution of
an agreement with Underwater Gas Developers
Limited for the sub —lease of certain harbour
lands. )
WHEREAS the Corporation of the Village of Port Burwell on 2,February, 1981
agreed to sub —lease certain harbour lands to Underwater Gas Developers;
NOW THEREFORE the Council of the Corporation of the Village of Port Burwell
ENACTS AS FOLLOWS:
1. THAT the Corporation of the Village of Port Burwell enter into
and execute an agreement with Underwater Gas Developers Limited
for the sub —lease of certain harbour lands, the said agreement
being schedule "A" attached to this By Law.
2. THAT the Reeve and Clerk are hereby authorized and directed to
execute the said agreement in the form hereto attached as Schedule
"A"
Read a first and second time this 0 day of �^� , 1981
Read a third time and finally passed this /s - day of 4 , 1981, A.D.
.. .. 00.0.........
REEVE, RON BRAD ELD
CLERK, R.G. LACROIX
6
THIS Ii:,,EJTURE made in triplicate this 1st day of April, 198i
IN PURSUANCE OF THE SHORT FORMS OF LEASES ACT.
BETWEEN:
THE VILLAGE OF PORT BURWELL,'In the Province of
Ontario
° HEREINAFTER Called the "SUB LESSOR"
OF THE FIRST F ,;T
,\ � and - ♦ .
Vv �1J JNDERWATER GAS DEVELOPERS LIMITED, a Cor,,pany
carrying on business/ in the Province o`..�rtario
and having its head office in the City of Toronto
(� :,:.REINAFTER called the "Si1L' LESSEE"
OF THE SECOND PART
\ WHEREAS by Lease dated the 5th day of February, 1981, (hereinafter
referred to as "The Head Lease") Her Majesty The Queen represented by
The Minister of Fisheries and Oceans (hereinafter referred to as"The
Lessor"), did lease inter alia certain lands and premises described in
Schedule "A" attached thereto to the Village of Port Burwell for a term
of five years to be computed from the 1st day of January, 1981, and to
expire on the 31st day of December, 1985.
AND WHEREAS the Village of Port Burwell by Regular Council
Meeting on 2nd day of February, 1981, agreed to sub -lease to Underwater
Gas Developer Limited the lands as described in Schedule 'A;' (hereinafter
referred to as "T;ie Said Lands"), attached 'hereto.
AND ,dHi the Sub Lessor and Sub Lessee have agreed Lo enter
into sub -lease a_ `nt (hereinafter referred to as "Ti.c. 'aic; Le;,-�2`
subject to the Lc, and coodiLions of The „ead Lease.
WIT.F.�" :_hat Lne Sub Lessor in considerat.i�r the rents.
convenants, provi dna c01)(iit.ions hereinafter contains. Y'AH devise
and lease unto th :ub Lessee, ALL AND SINGULAk that cerLdin parcel or
tract of land, si,j.te, lying and being on the east side Lf Chathalia
Street in the.Vill. a of Port Burwell in the County of Llt.ir, and -,yore
particularly described as Part of the unsubdivided part of Lot 11, Concessio:-
1, and part of th:: -:ccretec land being the bed of Lake Fri- as shot,'n
outlined in red on the Plan annexed hereto as Schedule "-
TO HAVE ;.'@ O HOLD the said demised premises for and during
the term of six _ .,_ns and 16 days to be computed from the 15th day of
April 1981 and to r `ully cattpleted and ended on the 31st October,
1981.
-2- •
Yielding and Paying therefor during the currency of this
lease, unto the Sub Lessor in lawful money of Canada, the following rent
or sum namely:
1. One thousand, one hundred and fifty dollars ($1,150.00) payable on
the 15th day of April, 1981, together with an administration fee of two
hundred dollars ($200.00).
IN THIS AGREEMENT
( i) "Minister" means the Minister of Fisheries and Oceans and any
person he has delegated to act on his behalf.
( ii) "Director" means the Regional Director of The Department of
Fisheries and Oceans and any person he has delegated to act on his
behalf.
It is agreed by and between the said parties hereto that these
Presents are made and executed upon and subject to the covenants, provisoes,
conditions and reservations hereinafter set forth and contained, namely:
1. That notwithstanding anything in this Lease contained, the Sub
Lessee shall carry out assembly and construction of pipes and equipment
relating to the sub lessee's business, parking facilities and related
operations, provided at all times the operations comply with the Fishing
and Recreational Harbours Act and Regulations, or any other applicable
act or regulations enacted or made during the currency of this Lease.
2. That the Sub Lessee will pay all rental herein reserved at the time
I
and in the manner in these Presents set forth, without any abatement or
deduction whatever.
3. That the Sub Lessee will pay or cause to be paid all rates, taxes
and assessments, of whatsoever description, that may at any time during
the existence of these Presents be imposed, or become due and payable,
upon, or in respect of the said lands and the said facilities.
4. The Sub Lessee shall in all respects abide by and comply with all rules,
regulations and by-laws of municipalities and other governing bodies, in
any manner affecting the said lands and the said facilities.
•
•
-3-
5. That the Sub Lessee shall not make any assignment of these Presents,
nor any transfer or sub -lease of any of the lands, rights or privileges
demised or leased hereunder, without obtaining the prior consent in
writing of the Director and the Sub -Lessor to such assignment, transfer
or sub -lease.
6. That no concession of any kind shall be granted by the Sub Lessee
without the prior approval of the Director and the Sub -Lessor.
7. That the Sub Lessee shall not, during the currency of this Lease, do
suffer or permit to be done any act or thing which may impair, damage or
injure the said lands and the said facilities beyond the damage occasioned
by reasonable use, and shall, at the Sub Lessee's own cost and expense,
maintain and repair all portions of the said lands and the said facilities
which may at any time be damaged, other than in the reasonable use
thereof, the Minister to be the sole judge of the meaning of the words
"reasonable use".
8. That any improvements made to the said lands and the said facilities
by the Sub Lessee at any time during the term of this lease, to make the
said lands and the said facilities suitable for the purposes referred to
in Clause No. 1 hereof, shall be at the risk, cost and expense of the
Sub Lessee, all to the satisfaction of the Director.
9. That the Sub Lessee shall not, at any time during the currency of
this Lease, do, cause or permit to be done, any act or thing in or upon
the said lands and the said facilities which shall or may be, or might
become, an annoyance, nuisance or disturbance to the occupiers of any
lands or premises adjoining or in the vicinity of the said lands and the
said facilities and of which matters the Minister shall be the sole
judge and his decision thereon binding on the Lessee.
i
i 10. That the Sub Lessee shall not have any claim or demand against the
Lessor or Sub Lessor for loss, damage or injury of any nature whatsoever,
or howsoever caused to the said lands and the said facilities or to any
person or property, at any time brought, placed, made or being on the
said lands and the said facilities, unless such damage or injury is due
to the negligence of the Sub Lessor, its Contractors, Servants or
Agents or of any officer or servant of Her ;-tajesty the Queen in Right of
Canada while acting within the scope of their duties or employment.
11. That the Sub Lessee shall at all times indemnify and save harmless
the Lessor or Sub Lessor from and against all claims and demands, loss,
costs, damages, actions, suilts or other proceedings by whomsoever made,
brought or prosecuted, in any manner based upon, occasioned by or attributable
I
to the execution of these Presents, or any action taken or things done
;I
i or maintained by virtue hereof, or the exercise in any manner or rights
I
�+ arising hereunder, except claims for damage resulting from the negligence
of the Sub Lessor its Contractors, Servants or Agents or of any officer
or servant of Her Majcsty the Queen in Right of Canada, while acting
within the scope of their duties or employment.
�i 12. That this lease may be terminated at any time;
(a) By the Sub Lessee upon sixty days' notice in writing, such
notice to be signed by the Sub Lessee and delivered to or
mailed to the Director, Small Craft Harbours Branch,
3050 Harvester Road, Burlington, Ontario, and the Corportation
of The Village of Port Burwell, Port Burwell Ontario, or
(b) By The Lessor or Sub Lessor upon sixty days' notice in
writing, signed by or on behalf of the Minister or the Village
of Port Burwell and either delivered to the Sub Lessee, or any
officer of the Sub Lessee, or mailed to the last known place of
business or office of the Sub Lessee,
and thereupon, after the expiration of such period of notification,
Ithese Presents shall be determined and ended, and the Sub Lessee shall
thereupon, and also in the event of the determination of this Lease in
any other manner, except re-entry under Clause No. 13 hereof, forthwith
�I remove from the said lands and the said facilities all things at any
time brought or placed thereon by the Sub Lessee and shall also to the
satisfaction of the Director repair all and every damage and injury
occasioned to the said lands and the said facilities by reason of such
removal or in the performance thereof, but the Sub Lessee shall not, by
reason of any action taken or things performed or required under this
Clause be entitled to any compensation whatever, provided that, unless
required by the Director, no goods, chattels, materials, effects or
things shall be removed from the lands and premises of the Lessor until
all rent due or to become due under this Lease is fully paid.
13. That, nowithstanding anything in this Lease contained if the rent
above reserved, or any part thereof, shall be in arrears or unpaid,
whether or not the same shall have been in any manner demanded or in
case of default, breach or non -observance be made or suffered by the Sub
Ib
r�
-5- •
Lessee at any time or times, in, or in respect or any of the covenants,
provisoes, conditions, and reservations herein contained, which on the
part of the Sub Lessee ought to be observed or performed, then, and in
every such case, provided such nonpayment of rent, default, breach or
I non -observance is not cured within fifteen days from the date of notice
thereof, in writing from the Lessor or Sub Lessor to the Sub Lessee, the
Lessor or Sub Lessor may terminate this Lease by giving to the Sub
Lessee a notice in writing and either delivered to the Sub Lessee or any
officer of the Sub Lessee, or mailed to the last known place of business
II� or office of the Sub Lessee, and thereupon after the delivery or mailing
of such written notification, this Lease shall be determined and ended,
I
and in that event, it shall be lawful for the Lessor, or Sub Lessor Her
i
Servants or Agents, to re-enter and thereafter to have, possess and
enjoy the said lands and the said facilities and all improvements thereon.
And no acceptance of rent subsequent to any breach
or default, other than non-payment of rent, nor any condoning,
excusing or overlooking by the Lessor on previous occasions
of breaches or defaults similar to that for which re-entry
is made, shall be taken to operate as a waiver of this condition
nor in any way to defeat or affect the rights of the Lessor
or Sub Lessor hereunder.
14. That the Sub Lessee shall not discharge, or cause or permit to be
�! discharged or howsoever to get into the waters of the said lands, any
i
deleterious material, noxious, contaminated or poisonous substances,
i� including oil, petroleum and petroleum products, all as determined by
the Director whose decision shall be final, and if at any time and from
time to time during the term of this Lease or any renewal thereof, any
pollution is caused to waters of the said lands by reason or as a result
of the operations of the Sub Lessee or assignees of the Sub Lessee, as
to all of which the Director shall be the sole judge, and his decision
shall be final, the Sub Lessee shall forthwith upon receipt of a notice
in writing from the Director undertake, prosecute without interruption
and complete the work of removal of such pollution material from the
said waters, at the cost and expense of the Sub Lessee and to the satisfaction
of the Director, and in case the Sub Lessee fails to carry out its
obligations under this clause to remove such pollution material from the
Ib
-6-
•
said watle the Director may cause such A to be undertaken, prosecuted
and completed, all at the cost of the Sub Lessee, and the Sub Lessee
shall, forthwith upon demand therefor, reimburse the Lessor for all cost
and expense incurred by the Lessor or Sub Lessor in the performance of
such work and all other costs and expenses connected therewith or incidental
thereto, all such costs and expenses shall constitute a debt payable by
the Sub Lessee to the Lessor.
15. That the Sub Lessee shall fulfill in all respects the requirements
of Part 1 of the ':dvigable Waters' Protection Act, Chapter N-19 of the
Revised Statutes of Canada 1970.
16. That the Sub Lessee shall at all times during the currency of this
Lease, keep the. said facilities in a sanitary and reasonably clean
condition, in all respects to the entire satisfaction of the Director
and at the sole cost and expense of the Sub Lessee.
17. That the books of the Sub Lessee concerning the operations and
management of the said land shall be open for audit inspection by
the desiganted officers of the Lessor at any time during the business
hours of the Sub Lessee.
18. The sub Lessee will consider all Leases or Licences entered into
pursuant to section 21 of the Head Lease and will not reasonably
withhold its' consent thereto, in like manner as the Sub Lessor is
required to act under the said section 21.
19. The Sub Lessee acknowledges having read the Head Lease herein
{� and agrees to be bound by all the terms and conditions thereof
1 applicable to the Sub -Lease.
IN WITNESS WHEREOF the parties hereto have executed these
Presents the day and year first above written.
SIGNED, SEALED AND DELIVERED BY THE Lessee:
THE VILLAGE OF PORT BURWELL
Sub Lessor Reeve
Sub Lessor Clerk -Treasurer
UNDERWATER GAS DEVELOPERS LIMITED
Sub Lessee Vice -President
Sub Lessee Secretary
ui', i E u 19
THE VILLAGE OF PORT BURWELL
-to-
UNDERWATER GAS DEVELOPERS LIMITED
Address: c/o Land Department
P.O. Box 650
Scarborough, Ontario
M1K 5E3
PROPERTY LEASE
Ci
File L-12299 w
�j
0
THE CORPORATION OF
THE VILLAGE OF PORT BURWELL
BY LAW # 369
(To appoint Boards, Committees and Representatives
for the period of 4 May, 1981 to 31 December, 1981)
The Council of the Corporation of the Village of Port Burwell ENACTS AS FOLLOWS:
THAT Boards, Committees and Representatives for the Village of Port Burwell, for
the period of 4 May, 1981 to 31 December, 1981, shall be.as follows:
1. Standing Committees
Chairman
Members
a.
Finance
Jack Smyth
all members of council
b.
Licences, Building and
Ken Matthews
Ted Shelly
Health
c.
Roads
Jack Smyth
all members of council
d.
Fire and Police
Ken Matthews
Harry Alward
e.
Personnel and Property
Gord Loucks
Ken Matthews
f.-
Parks and Recreation
Gord Loucks
Ted Shelly
g.
Development
Harry Alward
all members of council
2. Ontario Home Renewal Program Committee
Chairman — Ted Shelly: Members — Harry Alward, Ken Matthews
3. Recreation and Parks Board
Chairman — Bob LaCroix
Members — Jack Smyth (Ex—officio)
— Gord Loucks
— Ted Shelly
— Ed Bradfield (Secretary)
— Ed Epple
— Hugh Brooks (Treasurer)
— Ralph Bradfield
— Ron Bradfield
4. Harbour Committee
Members — Larry Martin, John Warren, George Lockrey, Harry Alward, Gord Loucks,
Jack Smyth (Ex—officio).
5. Representatives
East Elgin Planning Board: Ken Matthews and Gord Loucks.
Read three times, finally passed and carried this �` day of �Arje< 1981, O.D.
JACK
mzw _ 1R-1_ TAM,"
F-1-IJ
J
it
TIE CORPORATION OF
THE VILLAGE OF PORT BURWELL
BY LAW # 3 7/)
A By Law with respect to the calculations
of 1981 taxes and collections of same
THE COUNCIL OF THE CORPORATION OF THE VILLAGE OF PORT BURWELL ENACTS AS
FOLLOWS:
1. THAT the 1981 mill rates be established as follows:
Public
Separate
Residential Commercial
Residential
Village 71.800
84.471
71.800
County 19.101
22.472
19.101
Public School 48.399
56.941
Separate School
51.316
Secondary School 41,167
48.432
41,167
Totals 180.467
212.316
183.384
2. THAT the instalment due dates be
AvL ,VST OC �C t3C-R f�/v0 ivo uEir��Eh' .
3. THAT the penalty applied to late payments
be established at 1,1% day after due date
plus 1j per month after the first day of
each month.
4. THAT no discounts will be awarded for early payments.
5. THAT this By Law repeals and supercedes all other by laws that are not consistent
with the provisions of this By Law.
READ A FIRST TIME,
READ A SECOND TIME,
READ A THIRD TIME, FINALLY PASSED AND CARRIED THIS Ct DAY OF)c1�P981, A.D.
J SMY'PH,
ze
CLERK
ArTHE CORPORATION OF
THE VILLAGE OF PORT BURWELL
BY LAW # -5 71_
1
To appoint a Clerk Treasurer and Tax Collector
for the Village of Port Burwell
THE COUNCIL OF THE.CORPORATION OF THE VILLAGE OF PORT BURWELL ENACTS AS
FOLLOWS:
THAT Mary Smyth is hereby appointed Clerk Treasurer and Tax Collector for the
Village of Port Burwell.
THAT she perform such duties as are prescribed by law and as required by council.
THAT this by law shall remain in effect from year to year unless repealed or
otherwise amended by council.
THAT any by law not consistent with the provisions of this by law be and is
hereby repealed.
4./.
READ three times and finally passed this /` day of 1981, A.D.
ACK SMYTH, REEVE
. W.
i
Mary E. h, CLEM
6
0
THE CORPORATION OF
THE VILLAGE OF PORT BURWELL
BY LAW # � 7
(A By -Law reguiring the fencing of
privately owned outdoor swimming
pools).
WHEREAS authority is granted to the Council of a municipality, under section
354(1), paragraph 24, of the Municiapl Act, R.S.O. 1c70 as amended, for requiring
owners of privately owned outdoor swimming pools to erect and maintain fences
and gates around sarch swimming pools and for prescribing the height and description
of and the manner of erecting and maintaining such fences and gates.
THEREFORE the Council of the Corporation of the Village of Port Burwell ENACTS
AS FOLLOWS:
1. Privately owned outdoor swimming pool means any body of water located
outdoors on privately owned property contained by artificial means,
whether above or in the ground, and used or maintained for the purpose
of swimming, wading, diving, or bathing;
2. The owner of each privately owned outdoor swimming pool that is capable
of being filled with two (2) feet or more of water shall erect and maintain
a fence and/or enclosure in accordance with the following provisions:
a. Every fence shall not be less than 42 inches in height;
b. Every fence shall be so constructed as not to have openings, holes
or gaps larger than 4 inches in its shortest dimension;
c. Every fence shall be so constructed that it is free-standing with
all vertical, horizontal or diagonal structural members located on the
inside or the pool side of the fence;
d. Every fence shall be so constructed that it cannot be used in a
manner similar to a ladder;
e. A dwelling house, building or accessory building may be utilized
to effectively enclose a pool;
f. Every fence shall be so constructed so as to have the only means
of entry by doors or gates constructed in accordance with Section
3 below.
3. Every door or gate included in a fence required by this By -Law shall be:
a. Constructed in accordance with Section 2 above;
b. Equipped with a self closing device and a self latching device on
the pool side at the top of the gate so that, when not in use, all
doors or gates will be closed and latched;
c. Sub-section'b'shall not apply to the door of any dwelling house
which forms a part of the enclosure.
4. Boundary fences shall not be considered a pool fence unless, in the
opinion of the By-law Enforcement Officer, the fence is close enough
to the pool to serve the same.
5. Cases of dispute shall be referred to the Council of the Village of
Port Burwell.
6. The fences shall be completely erected as follows:
Page 2
By -Law No.
a. In the case of a privately owned outdoor swimming pool constructed
after the passing of this By -Law, at the time the pool is installed
or not later than 7 days thereafter;
b. In the case of a privately owned outdoor swimming pool in existence
prior to the passing of this By -Law, not later than 14 days after
notification of the passing of this By -Law.
7. The Council may make provisions to amend the requirements of paragraph
6 on recommendation of the By -Law Enforcement Officer.
8. A plan of all -such fences and gates shall be produced prior to the excavation
and erection of a privately owned outdoor swimming pool and such plans shall
show:
(a) the position of the proposed pool and fences on the owner's property.
(b) the size, shape and type of the proposed pool.
(c) the size, shape and type of the proposed fences and gates.
(d) a permit of compliance shall be granted if the fences and
gates are in accordance with the provisions of this By -Law,
without which permit no privately owned outdoor swimming pool
may be excavated or erected.
(e) the fee for such a permit shall be $5.00.
9. This By -Law shall apply to all privately owned pools constructed before
or after the passing of the same.
10. The By -Law Enforcement Officer shall be the inspector of such fences.
11. Any person convicted of a breach of any of the provisions of this By -Law
shall forfeit and pay, at the descretion of the Convicting Magistrate or
Judge, a penalty of not more than $300.00 exclusive of costs, and the
same shall be recoverable under the provisions of the Provincial Offences
Act as provided by the Municipal Act.
12. This By -Law shall come into force and take effect on the day of final
passing thereof.
13. Any By -Law inconsistent with the terms of this By-law is hereby repealed.
i
Read a first, a second and a third time and finally passed this /y day of as c,
1981.
4ack Smyth,
REEVE
K.S. awth
CLM
� •
J
E
THE CORPORATION OF
THE VILLAGE OF PORT BURWELL
BY LAW # 13.73
To authorize the signing of a lease renewal
agreement between the Ministry of Government
Services and the Village of Port Burwell
THE COUNCIL OF THE VILLAGE OF PORT BURWELL ENACTS AS FOLLOWS:
WHEREAS, the Council of the Village of Port Burwell authorizes the signing of a
LEASE RENEWAL AGREEMENT with the Ministry of Government Services (Legal Branch)
re the ONTARIO PROVINCIL POLICE OFFICE situated on the West Side of Erieus
Street in the Village of Port Burwell, and
WHEREAS, the Council of the Village of Port Burwell, concurs with the terms
outlined in the attached agreement commencing on the First day of November,
1981, at a rental of $1,920.00 per annum, payable in advance in equal instalments
of $160.00 per month, for a period of two years hence. The Renewal is subject
to all the covenants and agreements contained in the lease between the parties
dated the 13th day of September, 1966.
THEREFORE BE IT RESOLEVED that the Corporation of the Village of Port Burwell,
herewith enters into this agreement.
Read a first time
Read a second time
Read a third time and finally passed and carried this /%dV of c.-46 " ,4-1981, A.D.
, J.N. 6H
CU/M, M.E. SM7M
FORM AB—PR-17A •
REV. MAY 1973
* BY-LAW NUMBER 37�
OF
THE CORPORATION OF THE Village OF Port Burwell
0 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, Chapter 201.
"WHEREAS the appended proposal and estimate of cost dated
the 29th day of October 19 81 , for the construction of
Erieus and Robinson Streets
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 Burwell
1. That the hereinbefore recited proposal and estimate of
cost be approved.
Z. 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
Port Burwell
of this �_ day of y )u— 19
Mayor Re e
(SEAL)
r Cle rk
FORM AB—PR-17A •
R2G. MAY 1971 APPENDIX NO.
DATE October 29, 1981
PROPOSAL AND ESTIMATE OF COST FOR THE CONSTRUCTION OF A CONNECTING
LINK OR EXTENSION OF THE KING'S HIGHWAY (OR SECONDARY HIGHWAY) NO. 9
IN THE Village OF Port Burwell IN THE COUNTY *M
WISMICUOF Elgin
Designated Route Erieus, Union and Robinson Streets (Hwy. 19)
suant to an agreement dated ;,he 7th day of May 19 60 hereinafter called
agreement made between the Minister and the Corporation of the Village
Port Burwell and subject to the terms and conditions thereof, and subject
also to any necessary approval of the Board under The Ontario Municipal Board Act,
the Corporation (Minister/Corporation) proposes that the following por-
tions of highway, heretofore designated as a connecting link, be constructed by the
Corporation
(Ministry/Corporation) namely, (describe portion(s) of
street(s) to be constructed):
Erieus Street from Victoria St. to Union St.; Robinson St. from Wellington St. to
Hagerman St. (Lake Erie Beach).
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 Sanitary Sewers, Grading, Gran. Base, C & G, Asphalt, Storm
Sewers, StdewcttkFJ
(b) Length 1.028 km.
(c) Width (not less than 22 feet) 8m to 13m
(d) Commencing at
(e) Terminating at
Victoria Street
Lake Erie
(f)
Total estimated cost of construction including sanitary sewers
$ 2,065,114.00
(g)
Deduct: Items not chargeable under agreement:
(I) Items to be paid by the Corporation
$ 1,708.66
(II) Charged to others
M.O.E. (Sanitary Sewers)
$ 1,551,992.03
(III) Charged under Part X of The Public
Transportation and Highway Improve-
ment Act
$ Nil
1,553,700.69
Total Deductions
$
(h)
Total estimated cost of construction to be
shared
$ 513,413.31
(i)
Minister's share (100 %)
513,413.31
$
0 •
FORM AB—PR-17A
REIV. MAY 1973
(j)
Estimated annual expenditure of Minister's
sharp for fiscal year(s):
April 1st,
19 81 to March 31st,
19 82
$ 36,000.00
April 1st,
19 82 to March 31st,
19 83
$ 400,000.00
I
April 1st,
19 83to March 31st,
19 84
$ 77,413.31
April 1st,
19 _to March 31st,
19 _
$ $ 513,413.31
It is understood that the estimated cost is based on the best information available at the
time of submission and that no substantial increase in such cost will be undertaken or
incurred without the prior written approval of the Minister, and where necessary, the
approval of the Ontario Municipal Board.
This proposal is hereby submitted this
9` / A 19 P/ day of i 'c,c.,t}r_L_�.—
by or on behalf of the Corporation of
the Village of
Port Burwell
(SEAL)
and is hereby accepted by or on behalf
of the Minister.
(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)
®Ministry of
Transportation and _ t. of 9
Communications
Ontario Erieus Street
Union Street
CONNECTING LINK in the —_ Village Of Port Burwell
being _ Robinson Street Street from Victoria Street
to Lake
DETAILS OF CONSTRUCTION
ESTIMATED
GROSS COST
SHAREABLE UNDER
C.L.
CHARGEABLE UNDER
CHARGEABLE TO
CHARGEABLETO
AGREEMENT
PART X Of THE ACT
CORPORATION
OTHERS*
EXPLANATION
SECTION #1
PART A: General Items
A.1 Mobilization & demobilization at the jo
12,000.
site of all offices, stores, conven-
iences, other temporary facilities, con-
struction plants & other items not re-
quired to form part of the permanent
works & not covered by other items of
the Schedule of Items and Prices
A.2 Supply & erect signboards at the site as
3,000.
specified and lettered as directed by
the Engineer
A.3 Cost of 100% Performance Bond & 100%
14,000.
Payment Bond in the forms bound herein
A.4 Lump sum for other requirements
16,000.
Total:
45,000.
This total noL Lo be
added until Page 9
PART B: Sanitary Sewers and Appurtenances
1,218,300.
1,218,300.
PART C: Sewage Forcemain and Appurtenances
50,200.
50,200.
PART D: Sewage Pumping Station and Appur-
60,000.
60,000.
tenances
PART E: Contingency Allowance
41,400.
41,400.
SECTION #2
PART F: Storm Sewers and Appurtenances
Sub TOTAL
1,369.900.
1,369,900,
*aargeable to others. e.g Local Improvement Act; Railway Grade Crossing Fund; Public Service Works on Highway Act, etc:
AB-PR-3 7-72
so Pa of 9
FORM AB-PR-3
REV, JULV 1972
Erieus Street
Union Street
CONNECTING LINK in the Vi llaga of Port Rurrtal l being Rnhinsnn StrPat Streetfrom • Victoria Street to —1
DETAILS OF CONSTRUCTION
ESTIMATED
GROSS COST
SHAREABLE UNDER
C.L. AGREEMENT
CHARGEABLE UNDER
PART X OF THE ACT
CHARGEABLE TO
CORPORATION
CHARGEABLE TO
OTHERS'
EXPLANATION
F.1 Storm sewers including excavation,
bedding and backfill
.1 300 mm 8 reinforced concrete CL IV
pipe
MH4 to MH5, 65 In @ $50/m
3,250.
3,250.
MH1A to MH1, 14 m @ $50/m
700.
700.
M118 to MH9, 43 In @ $50/m
2,150.
2,150.
MH9 to MH10, 51 m @ $50/m
2,550.
2,550.
MH10 to MH11, 47 m @ $50/m
2,350.
2,350.
MH8 to Plug, 16 m @ $50/m
800.
800.
.2 375 mm 6 reinforced concrete CL IV
pipe
MH1 to MH2, 61 m @ $60/m
3,660.
3,660.
MH2 to MH3, 86 m @ $60/m
5,160.
5,160.
MH3 to MH4, 75 m @ $60/m
4,500.
4,500.
Existing Sewer to MH6, 15 m @ $60/m
900.
900.
MH6 to MH7, 53 m @ $60/m
3,180.
3,180.
MH7 to MH8, 52 m @ $60/m
3,120.
3,120.
.3 525 mg 0 corrugated steel pipe
sewer
MH1 to outlet, 64 m @ $120/m
7,680.
7,680.
Sub TOTAL
1.409.900.
40,000.
1,369,900.
'Chargeable to others e.g. Local Improvement Act; Railway Grade Dossing Fund; Public Service Works on Highway Act, etc:
Pa4r 9
FORM AB-PR-3 6
REV, JULY 1972
Erieus Street
Union Street Vit-tnria ct"PPt to I akp
CONNECTING LINK in the V ill -go of —Port bm� Robinson Street Street hom
SHAREABLE UNDER
CHARGEABLE UNDER
PART X OF THE ACT
CHARGEABLE TO
CORPORATION
CHARGEABLE TO
OTHERS*
EXPLANATION
ESTIMATED
DETAILS OF CONSTRUCTION
GROSS COST
C.L. AGREEMENT
F.2 Storm manholes including excavation
and backfill
CB/MH1A, DD-701-A, Lump Sum
1,300.
1,300.
OD-701-B:
-MH1, Lump Sum
1,300.
1,300.
1,300.
1,300.
-MH2, Lump Sum
1,300.
1,300.
-MH3, Lump Sum
-MH4, Lump Sum
1,300.
1,300.
-MH5, Lump Sum
1,300.
1,300.
DD-701-A:
-MH6, Lump Sum
1,300.
1,300.
1,300.
1,300.
-MH7, Lump Sum
1,300.
1,300.
-MH8, Lump Sum
-MH9, Lump Sum
1,300.
1,300.
-MH10, Lump Sum
1,300.
1,300.
1,300.
1,300.
-MH11, Lump Sum
F.3 Catchbasins
.1 Single catchbasins - DD-702-A
18,400.
18,400.
23 @ $800/each
1,443.900.
74,000.
1,369,900.
SibTOTAL
*Chargeable to others: e.g. Local Improvement Act, Railway Grade Crossing Fund. Public Service works on Highway Act, etc:
Pa0f 9
Erieus Street
Union Street
of being Robinson Street Street from ,Vittoria Street to I aka
ESTIMATED
GROSS COST
SHAREABLE UNDER
C.L. AGREEMENT
CHARGEABLEUNDER
PART X OF THE ACT
CHARGEABLE TO
CORPORATION
CHARGEABLE TO
OTHERS'
EXPLANATION
l8-A
6,000.
6,000.
0
ling and
12,300.
12,300.
>rm outlet
i/m3
19,500.
19,500.
Irm sewer
500.
500.
1 frame
Inhole
each
600.
600.
ime and
and grate
800.
800.
i and
1,600.
1,600.
1.485,200.
115,300.
1,369,900.
rment Act, Railway Grade Crossing Fund: Public Service Works on Highway Act, etc:
so PT of 9
FORM AB-PR-3
REV, JULY 1972
Erieus Street
Union Street
CONNECTING LINK in the Village of being Robingnn StrPat Street from ' Virtnria StrPPt to _L
DETAILS OF CONSTRUCTION
ESTIMATED
GROSS COST
SHAREABLE UNDER
C.L. AGREEMENT
CHARGEABLE UNDER
PART X OF THE ACT
CHARGEABLE TO
CORPORATION
CHARGEABLE TO
OTHERS*
EXPLANATION
F.10 150 mm 0 perforated CSP subdrain,
1785 m @ $20/m
35,700.
35,700.
Sub -Total - Part F
151,000.
151,000.
Part G Road Base and Paving
G.1 Removals
.1 Removal of pavement, 6600 m2 @ $2/m2
13,200.
13,200.
.2 Removal of sidewalk, 490 m2 @ $3/m2
1,470.
1,470.
.3 Removal of sewers including backfill
of excavation with native materials,
80 m @ $20/m
1,600.
1,600.
.4 Removal of catchbasin including
backfill of excavation with native
materials, 5 @ $300/each
1,500.
1,500.
.5 Removal of curb, 110 m @ $3/m
330.
330.
Sub TOTAL
1.539.000.
169,100.
1,369.900.
'Chargeable to others: e.g Local Improvement Act, Railway Grade Oossing Fund; Public Service Works on Highway Act, etc:
FORM AB-PR-3 so
REV. JULY 1972
Erieus Street
Union Street
CONNECTING LINK in the Village of Port Burwel 1
Pd0f 9
being Robinson Street Street from Victoria Street to Lake
DETAILS OF CONSTRUCTION
ESTIMATED
GROSS COST
SHAREABLE UNDER
C.L. AGREEMENT
CHARGEABLE UNDER
PART X OF THE ACT
CHARGEABLE TO
CORPORATION
CHARGEABLE TO
OTHERS*
EXPLANATION
.6 Remove and dispose off site all
materials including all brush,
stumps, roots, hedges, fences,
embedded logs, flagstone walks,
fallen timber, trees up to 150 mm
in diameter, and sign post, Lump Sum
1,000.
1,000.
G.2 Excavaion, including sub -excavation,
10,500 m3 @ $2/m3
21,000.
21,000..
G.3 Granular base and sub -base for
main roads, sideroads and
entrances
.1 Granular 'C' sub -base,
11,900 tonne @ 35/tonne
59,500.
59,500.
.2 Granulaf'A' base,
5,300 tonne @ S7/tonne
37,100.
37,100.
G.4 Asphalt Paving
.1 HL3 asphalt suface course,
1,040 tonne @ S29/tonne
30,160.
30,160.
SUbTOTAL
1.687.760.
317.860.
1,369,900.
'Chargeable to others e.g Local Improvement Act; Railway Grade Crossing Fund; Public Service Works on Highway Act. etc:
FORM AB-PR-3 to
Pit of 9
REV. JULY 1972
Erieus Street
Union Street
CONNECTING LINK in the _
Villa of Pnrt aiirwall being Robinson Stream_ street from . Victoria Street to Lake
DETAILS OF CONSTRUCTION
ESTIMATED
GROSSCOST
SHAREABLE UNDER I
C.L. AGREEMENT
.2 HL4 asphalt base course,
1,720 tonne @ $28/tonne
48,160.
48,160.
G.5 Concrete curb and gutter,
2,070 m @ $20/m
41,400.
41,400.
G.6 Water for compaction and dust
control, 1,100 m3 @ $3/m3
3,300.
3,300.
G.7 Calcium chloride,
6 tonne @ $260/tonne
1,560.
1,560.
Sub -Total - Part G
261,280.
261,280.
Part H Miscellaneous Work
H.1 Gabion Work
.1 Gabion protection for slope of
cul-de-sac including filter
fabric, 50 m3 @ $90/m3
4,500.
4,500.
.2 Gabion wall for slope from
Sta. 2+73 to 3+00 including
filter fabric, 30 m3 @ $90/m3
2,700.
2,700.
Sub TOTAL
1.789.380.
419.480.
*Chargeable to others: e.g. Local Improvement Act. Railway Cade Crossing Fund. Public Service Works on Highway Act, etc:
. ' bFORM AS-PR-3
REV. JULY 1972
PdOof 9
Erieus Street
Union Street
CONNECTING LINK in the Villaae of Port Rurwell being Robinson Street Streetfrom 'Victoria Street to Lake
DETAILS OF CONSTRUCTION
ESTIMATED
GROSS COST
SHAREABLE UNDER
C.L. AGREEMENT
CHARGEABLE UNDER
PART X OF THE ACT
CHARGEABLE TO
CORPORATION
CHARGEABLE TO
OTHERS*
EXPLANATION
H.2 Guiderail
.1 OD-909-A steelbeam guardrail,
129.2 m @ $75/m
9,690.
9,690.
HA Nursery sod including 50 mm topsoil
.1 Staked, 930 m2 @ $2.25/m2
2,093.
2,093.
.2 Unstaked, 4,250 m2 @ $2.10/m2
8,925.
8,925.
HA Seeding including 50 mm topsoil,
640 m2 @ $0.90/m2
576.
576.
H.5
.1 125 mm sidewalk on 100 mm
granular 'C' base, 390 m2 @ $20/m2
7,800.
7,716.
84.
.2 150 mm sidewalk on 100 mm
granular 'C' base, 200 m2 @ $24/m2
4,800.
3,216.
1,584.
.3 Concrete steps DD-1210,
2.5 m3 @ $500/m3
1,250.
1.250.
Sub TOTAL
1.824,514.
452,946.
1,668.
1,369,900
*Chargeable to others: e.g. Local Improvement Act, Railway Grade Crossing Fund: Public Service Works on Highway Act, etc:
f ORM AB-PR-3
REV. JULY 1972
Paj#f 9
Erieus Street •
Union Street
CONNECTING LINK in the Village of Pnrt RurWell being Robinson Street street from Victoria Street to Lake
DETAILS OF CONSTRUCTION
ESTIMATED
GROSS COST
SHAREABLEUNDER
C.L. AGREEMENT
CHARGEABLEUNDER
PART X OF THE ACT
CHARGEABLETO
CORPORATION
CHARGEABLE TO
OTHERS'
EXPLANATION
11.6 Relocate existing fire hydrants,
2 @ $800/each
1,600.
1,600.
Sub -Total - Part H
43,934.
42,266.
1,668.
Part J Contingency Allowance
J.1 Contingency Allowance, Lump Sum
20,000.
20,000.
SUB -TOTAL
1,846,114.
474,546.
1,668.
1,369,900.
Part A General Items
45,000.
11,567.31
40.66
33,392.03
Pro rate (see Page 1)
On Site Supervision - Road
22,000.
22,000.
On Site Supervision - Sanitary
70,000.
70,000.
Design Fee - Road
30,000.
30,000.
Design Fee - Sanitary
50,000.
50,000.
Utilities
2,000.
2,000.
Sub -Total
219,000.
65,567.31
40.66
153,392.03
Credit to Road Work
-(28,700.)
+(28,700.)
50% of $57,400 savings
TOTAL
2,065,114.
511,413.31
1,708.66
1,551,992.03
*Chargeable to others. e.g Local Improvement Act; Railway Grade Crossing Fund; Public Service Works on Highway Act. etc.