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Home My WebLink AboutPort Burwell By-Laws 1985 Port Burwell By r Laws 4141%, 101111.1111 -'41.111116:411111bilifr .41% .4k By-Laws # 84 - 01 -- 85 - 33 1984 - 1985 THE CORPORATION OF THE VILLAGE OF PORT BURWELL BY-LAW NO. 85-1 Being a by-law to establish a trust fund for the purposes 411111 of the Ontario Home Renewal Program. WHEREAS the method of accounting for the purposes of the Ontario Home Renewal Program ( hereafter referred to as OHRP ) has been revised to require the establishment of a trust fund. • WHEREAS the Minister of Municipal Affairs, and Housing by Ontario Regulation 227/84 filed on April 10, 1984, among other things: (a) requires the establishment of a trust fund for all monies received under OHRP; (b) requires pending the investment of any trust money, the deposit of any OHRP funds in an interest bearing account with any chartered bank of Canada, any Province of Ontario Savings Office, any Trust company or loan corporation that is registered under the Loan and Trust Corporations Act, or in any credit union as defined in the Credit Unions and Caisses Populaires Act ( refer to section 28 of the Trustees Act); and (c) Permits investment of any portion of the trust fund, not required for immediate use for loans to homeowners, in securities mentioned under clauses 26(e), (g) and (h) of the Trustees Act. NOW THEREFORE the Council of the Corporation of the Village of Port Burwell ENACTS as follows: 1. THAT the OHRP reserve fund accounts and records of the municipality be changed effective January 1, 1985 to give due effect to the operation of the trust fund and the conduct of the Ontario Home Renewal Program in accordance with Ontario Regulation 227/84. 2. THAT the balance of the OHRP monies in the reserve fund bank account or any other deposit account be transferred on January 1, 1985, to a new and separate deposit account to be operated in the Bank as the OHRP trust fund account. 3. THAT the Head of Council and the Treasurer are hereby authorized to sign on behalf of the municipality such instruments as the Bank requires for the due operation of the said Trust deposit account. 4. THAT by-law no. 85-1 being a by-law to establish the OHRP reserve fund is hereby repealed. • 5. THAT this by-law shall come into force on January 1, 1985. READ a first and second time this 14th day of January. 1985 1985. READ a third time and finally passed this 14th day of January, 1985 411111 1985. ick Smyth Reeve Seal of the Municipal Corporation Kathie MacLeod - Clerk THE CORPORATION OF THE VILLAGE OF PORT BURWELL BY—LAW #85-2 A By—law to authorize the carrying on of a program of 0 recreation within the meaning of the Regulations under the Ministry of Culture and Recreation Act, 1975, to provide for operation, maintenance and management of parks and to provide for the establishment, operation, and maintenance of Community Centres pursuant to the Community Centres Act and Regulations made there—under. THE VILLAGE OF PORT BURWELL ENACTS AS FOLLOWS: i) Pursuant to Regulations made under the Ministry of Culture and Recreation Act, 1975, a program of: recreation, is hereby established for the residents of the municipality. 2) The said board shall consist of not less than (7) seven members appointed from time to time by by—law of Council and for a term stated therein, l- a -of-whom shall be residents of the Municipality -and two of whom shall be members of the Municipal Council. The term of the board shall run up until the 31st day of December, 1985. 3) The members shall be: Jack Smyth — Ex—Officio Gary Hendrick —member Brydon Guest — Councillor Ted Shelly — Councillor Tom Millard — Ghat-man Me.rnbe-r Hugh Brooks — Treasurer Me,..,be r Cathy Kozakievicz — Secretary Men.b"r Ruth Jackson — Member Ed Epple — Member Valerie Donnell — Member David McCord — Member Michelle McCord — Member Anna Brooks — Member Gord Crocker — Member Gord Loucks — ember 4) This by—law repeals and supercedes all other by—laws which contravene the above provisions. READ a first, second, and third time, finally passed and carried this //14 day of re,i,ri,A.r1 , 1985. SD • Li Kathie MacLeod Jack Smyth Clerk—Treasurer , Reeve Village of Port Burwell VILLAGE OF PORT BURWELL BY—LAW NO. 85-3 Being a By—law to establish rates of pay to municipal employees and remuneration to Reeve and Members of Council 41111 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 $ 14,500.00 yearly b. Secretarial $ 5.75 per hour 40 c. Roads Foreman $ 9.00 per hour d. Roads employees, other than Roads Foreman $ 5.25 per hour 2. THAT the Reeve and Members of Council receive the following remuneration: • a. Reeve $58.00 per regular or special meeting proclaimed by the Reeve," for--et:her--meet i.ngs under twe--#ears $58.00 per day for conferences attended, including those ee4 out of municipality. b. Council $48.00 per regular or special meeting proclaimed by the Reeve, -plus_$}�;OO per hour- for other meetings under two---hours. $48.00 per day for conferences attended, including those out of municipality. 3. THAT the following benefits be established for municipal employees: a. Clerk Treasurer OHIP — 100; to municipality Vacation — two weeks per year Sick Days — twelve days per year with - carry over, not to exceed 60 days in total. Other — $ .25 per Kilometer of car use, plus expenses for room, meals, mileage, remuneration and conferences. $38.00 per regular or special meeting proclaimed by the Reeve. Not for meetings during regular working hours. b. Road Foreman OHIP — 100% to municipality. Vacation — Four weeks per year. Sick Days — twelve days per year with i carry over, not to exceed 60 days in total. Other — $ .25 per Kilometer of car use, plus expenses for room, meals, mileage, remuneration and conferences. c. Other $ .25 per Kilometer of car use when on authorized Village business. 4. THAT the following benefits be established for Reeve and Members of Council: 411, a. Reeve $ .25 per Kilometer of car use, plus expenses for room, meals, mileage, remuneration, registration fees, and conferences, etc. b. Council $ .25 per Kilometer of car use, plus expenses for room, meals, mileage, remuneration, registration fees, and conferences, etc. 5. THAT the above mentioned rates of pay and benefits are effective 1 January, 1985. READ A FIRST, FOND, AND THIRD TIME AND FINALLY PASSED THIS ! ( DAY OF 411/1 t" cX'Zrar.7)1 1985. /4//.7L11. ZLKJtj �/ i// Kathie MacLeod Jack Smyth Clerk—Treasurer Reeve Village of Port Burwell THE CORPORATION OF THE VILLAGE OF PORT BURWELL BY—LAW NO. 85-4 111 A by—law to provide for the licensing of Drain layers. WHEREAS the Municipal Act R.S.O. 1980, Chapter 302 Section 232 (3) provides that •by—laws may be passed for licensing, regulating and governing drain contractors, drain layers and persons who install septic tanks or repair or reconstruct drains, remove tree roots or other obstructions from drains and private drain connections by mechanical or other means, and for revoking any such license; and WHEREAS the Municipal Council of the Village of Port Burwell deems it advisable to provide for the licensing of drain layers and drain contractors; NOW THEREFORE, the Municipal Council of the Village of Port Burwell enacts as follows: 1. In this By— law: (a) "Drain layer" and "Drain Contractor" shall mean a person who lays drains and sewers (but not including building drains as provided by the regulations under the Ontario Water Resources Act, or drains constructed or repaired under the "Drainage Act") or who repairs or reconstructs drains and sewers, removes tree roots or other obstructions from drains and private drain connections by mechanical or other means, and is familiar with the rules and regulations governing the same. (b) A "Person" shall mean and include any individual, firm, company, association, partnership, society, incorporated company or group and whenever the singular is used, it shall also include feminine. (c) "Municipality" shall mean the municipality of the Village of Port Burwell. (d) "Building Inspector" (Port Burwell Building Inspector) or "Plumbing Inspector" (Port Burwell Plumbing Inspector) means the Building or Plumbing Inspector appointed by the Municipality by by—law from time to time. (e) "Crew" means a—drain laying craw drain layer as defined in Section 1(a) of this by—law who has obtained a license as per Section 3 of this by—law -be composed of any necessary equipment and men required for drain laying, but shall have no more than one backhoe. 2. Save as herein otherwise provided, there shall be taken out by every drain contractor a license authorizing him to carry on such business in the Village of Port Burwell, for which license the person obtaining the same shall pay to • the Village of Port Burwell at the time of taking out such license, a fee fixed by this By—law and no person shall within the limits of the Village of Port Burwell carry on and engage in the business of drain layer or drain contractor until he has procured such license to do so. 3. (a) Application for the license regulated under Clause 2 shall be in writing and shall include proof satisfactory to the Village of Port Burwell that the lit applicant has liability insurance coverage as follows: (i) Name of Insurance Company, Address, and Telephone number. (ii) Minimun comprehensive liability, of P.L. and P.D. insurance coverage of $1,000,000.00 (iii) Confirmation that his insurance is in good standing. (iv) Insurance policy number. (v) Insurance expiry date. (vi) Clearance certificate from the Workers Compensation Board. (vii) Insurance Agent's name, address, and telephone number. -2- #3 cont'd (b) A temporary license may be issued to the applicant for a drain layer or drain contractor's license after depositing with the Clerk a license fee in the amount of $50.00 which is not refundable. The drain layer or drain contractor's license will be issued upon the applicants successful completion of three drains to the satisfaction of the Building or Plumbing Inspector. (c) Each crew undertaking the laying of drains and sewers or who repairs or reconstructs drains and sewers, removes tree roots or other obstructions from drains and private drain connections by mechanical or other means, must have as part of that crew a licensed "drain layer" or a drain layer who has . obtained a temporary license as described in Section 3(b). 4. Every license issued under this by-law shall expire on or before January 1st of each calendar year thereafter. A license issued under this by-law may be renewed -_ __ upon the payment of a renewal license fee in the amount of $50.00. 5. (a) Any license issued under this by-law may be revoked by the Council of the Village of Port Burwell upon the recommendation of the Building or Plumbing Inspector. (b) Any license issued under this by-law is automatically revoked should the licencee cancel his liability insurance ( P.L. & P.D. ) as required under this by-law. 6. Each drain layer or drain contractor shall be responsible for all work done by workmen under his supervision. 7. The licensing provisions of this by-law shall not apply to drainage work done by any person upon a residential property owned and occupied by him, provided that all such work is in accordance with all the requirements of the laws applicable thereto, other than this by-law. 8. The Clerk of the Municipality shall issue all licenses in accordance with the provisions of the By-law. 9. Any person who violates any provisions of this by-law shall incur a penalty of not more than TWO THOUSAND DOLLARS ($2,000.00) for each offense, exclusive of costs, and all such penalties shall be recoverable under the Provincial Offences Act. 10. This by-law shall come into force and take effect immediately upon the final passing thereof. 11. That by-law 83-14 is repealed. READ A FIRST time this 11 TH day of FEBRUARY 1985. READ A SECOND AND THIRD TIME and finally passed this 11 TH day of FEBRUARY 1985. 1111/ Kathie MacLeod Jack Smyth Clerk-Treasurer /Reeve Village of Port Burwell THE CORPORATION OF THE VILLAGE OF PORT BURWELL BY-LAW NUMBER 85 - 5 A BY-LAW TO AUTHORIZE A FRANCHISE AGREEMENT BETWEEN THE CORPORATION AND NATURAL RESOURCE GAS LIMITED • WHEREAS the Council for the Corporation deems it expedient to enter into the attached Franchise Agreement with Natural Resource Gas Limited; AND WHEREAS the Ontario Energy Board by Order issued on the 5th day of May, 1982 , has approved the terms and conditions upon which and the period for which the Franchise provided for in the attached Agreement is proposed to be granted, and has declared and directed that the assent of the municipal electors in respect of the By-law is not necessary; AND WHEREAS the Ontario Energy Board by its Order issued the 26th day of June , 1984, has approved certain amendments to the terms and conditions of the Franchise Agreement as approved by the Board under its Order issued on the 5th day of May, 1982; NOW THEREFORE BE IT ENACTED: 1. That the attached Franchise Agreement between the Corporation and Natural Resource Gas Limited is hereby authorized and the Franchise provided for therein is hereby granted. 2 . That the Reeve and Clerk are hereby authorized and instructed on behalf of the Corporation to enter into and execute under its corporate seal and deliver the aforesaid agreement, which agreement is hereby incorporated into and shall form part of this . By-law. 195.5 ENACTED and passed this 11th day of Februarys , -mrd, Clerk Re e N VILLAGE OF PORT BURWELL BY-LAW NO. 6 - 85 A By-Law to authorize the signing of an agreement with the Ministry of Environment to permit a portion of Chatham Street to remain open. Whereas The Municipal Act permits the signing of Agreements. R.S.O. 1980 C S The Reeve and Clerk be authorized to sign the imdemnification agreement e with the Ministry of the Environment to permit the section of Chatham Street described in the Agreement to remain open. • By-Law read a first and second time this 26th day of February 1985. By-Law read a third time and finally passed this 26th day of February, 1985 iJ CK SMYTH, REEVE VILLAGE OF PORT BURWELL Zit:_,[17./, /1. ct • THE CORPORATION OF THE VILLAGE OF PORT BURWELL BY-LAW NO. 85 - 7 1111110 BEING A BY-LAW TO RESCIND BY-LAW NO. 312 AND TO ESTABLISH A SEWER RATE UNDER SECTION 18 AND56(5) OF THE ONTARIO WATER RESOURCES ACT AND SECTIONS 218 (2) , (4 ), (5) , AND ( 15) OF THE ONTARIO MUNICIPAL ACT. WHEREAS the Corporation of the Village of Port Burwell subsequent to receiving approval frau the Ontario Municipal Board on June 17, 1980,entered into an agreement with Her Majesty the Queen in right of Ontario al represented by the Minister of the Environment, dated August 28, 1980,for the qupplying of sewage service to the Village and pursuant thereto the Crown has undertaken to design and construct the sewage works. AND WHEREAS the Village's portion of the costs of construction amounting to approximately $225,000 and the interest rate of 14% on the Village's unpaid portion are clearly established; AND WHEREAS the Corporation of the Village of Port Burwell has entered or proposes to enter into an agreement with Her Majesty the Queen in Right of Ontario as represented by the Minister of the Environment for the operation of sewage service to the Village commencing in 1985; AND WHEREAS it is deemed expedient and in the public interest to replace By-Law No. 312, passed on the 28th day of March A.D. 1980, establishing a sewer rate computed by a frontage rate, and to enact the By-law imposing a sewer rate computed as a definite rate per connection; NOW THEREFORE the Council of the Corporation of the Village of Port Burwell ENACTS AS FOLLOWS: 1. By-law 312 is hereby rescinded. 2. Definition Connection in this by-law shall mean the sewer main across the front of a property and also the lateral sewer line from main sewer to street limit. 3. A sewer rate for each connection is hereby imposed upon the owners or occupants of lands which derive or will derive benefits upon hook up, and which front or abut on the streets or parts of streets described in Schedule "A" hereto attached. 4. The sewer rate shall be a commuted charge and shall be based upon S 600. • per connection at the option of the person liable therefore, the sewer rate may otherwise be paid in a maximum of five equal annual amounts commencing in the year 1985 plus interst calculated at 14 % per annum on the unpaid amount or otherwise paid in full plus interest at any time during the five year period. 5. This By-law is subject to the approval of the Ontario '•iunicipal B,kirci. • - 2 - READ A FIRST AND SECOND TI.ME on the 29t ay of April A.D. 1985 4111110 READ A THIRD TIME AND FINALLY PASSED_on the 29th day of Aprj]J .D. 1985 if ir, frj.c1414 t, Q,[., Mar • • THE CORPORATION OF THE VILLAGE OF PORT BURWELL , SCHEDULE "A" TO BY-LAW NO. 85 - 7 116 STREET FROM TO Elizabeth Street William Street Approx. 850' South of Wellington Street Victoria Street Erieus Street Pitt Street Milton Street Approx. 100' South Waterloo Street of Newton Street Shakespeare Street Erieus Street Approx. 220 South _f Waterloo Street St�achan Street kStreet Erieus Approx 150' South of Brock Street Erieus Street Union Street Approx. 200' South of Brock Street Robinson Street Union Street Approx 200' South of Brock Street Erieus Street Victoria Street Union Street Union Street Bridge Street Robinson Street Newton Street Shakespeare Street Milton Street Waterloo Street Robinson Street Milton Street Wellington Street Robinson Street Erieus Street Wellington Street Approx. 125 'Fast of Erieus Street Approx. 400' East of Elizabeth Street Pitt Street Approx. 125' Fast of Erieus Robinson Street Pitt Street Approx. 150' Fast of Approx. 100' East of Erieus Street Victoria Street Brock Street Robinson Street Strachan Street Chatham Street Approx 250' North Treatment Plant ( County Road # 39) Homer Street Approx 2200' South of Wellington Street Addison Street Homer Street Wellington Street Southey Street Addison Street 100' Fast of Addison Street Wellington Street Addison Street Chatham Street ( County Road # 39) • Along lake bank George Street 360 West of George THE CORPORATION OF THE VILLAGE OF PORT BURWELL . BY-LAW NO. 85 - 8 • 111116 BEING ABY LAW TO RESCIND BY-LAW 381AN1 TO ESTABLISH A SEWAGE SERVICE RATE UNDER SECTIONS 8 AND 38(5) OF THE ONTARIO WATER RESOURCES ACT AND SECTIONS 218 ( 16), ( 18) AND ( 19) OF THE MUNICIPAL ACT. WHEREAS the Corporation of the Village of Port Burwell has entered or proposes to enter into an agreement with Her Majesty the Queen in Right of Ontario as represented by the Minister of the Environment for the operation o sewage service to the Village cacmencing _n 1985; WHEREAS the projected costs of operating the sewage works have been dtermined by the Ministry of Environment for the year ending March 31, 1986; WHEREAS the Corporation of the Village of Port Burwell wishes to establish a reserve for sewage maintenance and upkeep; AND WHEREAS it is deemed expedient and in the public interest to replace By-law 381, passed on the 1st day of June A.D. 1982,establishing a sewage service rate computed as 164 per cent of annual water rates charged or chargeable, and to enact a By-law imposing a sewage service rate computed as 110 per cent of annual water ratres charged or chargeable; NOW THEREFORE the Council of the Corporation of the `Jii.i.age of Port Burwell ENACTS AS FOLLOWS: 1. By-law 381 is hereby rescinded. 2. A sewage service rate is hereby imposed upon the owners or occupant: of lands which are supplied with sewage service as a consequence of the entering into of the agreement by the Corporation of the Village of Port Burwell. 3. The sewage servie rate is calculated frau the projected operating costs for the period ending March 31, 1986 as established by the Ministry of Environment and as described in Schedukle " A" hereto attached. 4. The sewage service rate shall be charged as a flat rate of 110 per cent of the water usage rate charged or chargeable to each user. • 5. The sewage service rate shall be charged to each user who is not connected to the water works at the same amount as if the user h,,d been connected to the water works. 6. The sewage service rate set by paracjr-aphs 2, 3 and 4 shall be billed and collected as part of the charge for water service to each user. i THE CORPORATION OF THE VILLAGE OF PORT BURWELL READ A FIRST AND SECOND TINE on the 29th day of April A.D. 1985. 41141/ READ A THIRD TIME AND FINALLY PASSED on the 29th day of April A.D. 1985. eehRee alt -- Cl k • THE CORPORATION OF THE VILLAGE OF PORT BURWELL SCHEDULE "A" BY-LAW NO. SEWAGE SERVICE RATE (OPERATIONS) PROJECTED OPERATING COSTS FOR THE PERIOD ENDED MARCH 31, 1986 Salaries $18,000 Employee lbenefits 2,500 Transportation and Communication 1,000 Service and rentals 11,000 Supplies and equipment 13,100 Municipal taxes 1,000 46,600 M.O.E. Surcharge - 202 of $46,600 9,320 Reserve for maintenance and upkeep 22 of $224,952 capital cost 4,499 $60,419 Estimated number of households projected to use the sewage system - 270 Sewage Service Rate equals: $60,419 $223.77/year - $18.65/month 270 SERVICE RATES FOR 1985/86 Water rate - $17.00/mo. 100Z Sewage service rate - 18.65/mo. 110 ' $35.65/mo. MI THE CORPORATION OF THE VILLAGE OF PORT BURWELL BY-LAW NO. 85 - 9 A BY-LAW TO AUTHORIZE THE EXECUTION . OF AN AGREEMENT BETWEEN THE CORPORATION OF THE VILLACE OF PORT BURWELL AND HER MAJESTY THE QUEEN IN RIGHT OF ONTARIO AS REPRESENTED BY THE MINISTER OF THE ENVIRONMENT. WHEREAS it is considered desirable to terminate c':ertain agreements related to sewage works provided under program 1-0337 of the Ministry of the Environment and to make other arrangements with respect to the works provided for the purpose of such program. NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE VILLACE OF PORT BURWELL ENACTS AS FOLLOWS: 1. THAT the Reeve and Clerk be and they are authorized and directed to execute an agreement in the form attached as Schedule "A" hereto, which schedule is declared to be and forms part of this by-law, between The Corporation of the Village of Port Burwell and Her Majesty the Queen in Right of Ontario as represented by the Minister of the Environment 2. The sums of principal and interest payable in each year under the debentures provided for hereunder shall be raised by a special rate on all rateable property in the Municipality to the extent that such sums have not been provided for by a special rate or rates imposed by a By-law referred to in Subsection 3 of Section 143 of the Municipal Act. 3. THIS by-law shall came into force and take effect upon receiving the approval of the Ontario Municipal Board. PASSED IN OPEN COUNCIL THIS 29th DAY OF APRIL, 1985 A.D. t // �4►. - CS (MQ_ .JE ri.PRRK By-law read a FIRST and ."ECC►D time this 29th day of April, 1985 A.D. By-law read a THIRD time this 29th day of Apr .1 . 1985 A. ' THE CORPORATION OF THE VILLAGE OF PORT BURWELL BY-LAW NO. 85 - 10 A By-law authorizing the Corporation of the Vilrage of Porti Burwell to enter into an Agreement with Her Majesty the Queen in Right of Ontario as representted by the Minister of the Environment. WHEREAS under subsection 7 (2) and Section 8 of the Ontario Water Resources Act, R.S.O. 1980, the Council of a Municipality may, by By-law authorize the Municipality to enter into an agreement with the Crown for the reception, treatment and disposal of sewage for the Municipality. AND WHEREAS the Corporation of the Village of Port Burwell wishes to enter into an agreement with the Crown providing for the operation, supervision, control, maintenance, repair, administration and insuring by the Crown of certain sewage works owned by the Municipality and owned by the Crown in the Municipality. The Corporation of the Village of Port Burwell by its Municipal Council, enacts as a by-law of the Corporation as follows: 1. The Corporation of the Village of Port Burwell is hereby authorized to enter into an agreement, in the form annexed hereto as Schedule A, with Her Majesty the Queen in Right of Ontario as represented by the Minister of the Environment. • - 2 - 411111411 2. The Reeve and the Clerk be and they are hereby authorized to execute the said agreement, a copy of which is attached hereto, as Schedule A, and any other documents necessary to carry out the intention of the parties. 3. This by-law shall come into force and take effect upon receiving approval of the Ontario Municipal Board. READ a FIRST and SECOND tine this 29th day of April, 1985. I I READ a THIRD time and FINALLY PASSED this 29th day of April 1985. � / 1 . �2 .. •/ . / ve Cle k • L 111110 THE CORPORATION OF THE VILLAGE OF PORT BURWELL BY-LAW NO. 411111 Being a by-law to recind by-law Number 381. WHEREAS the Corporation of the Village of Port Burwell has entered into an agreement with Her Majesty the Queen in Right of Ontario as represented by the Minister of the Environment for the supplying of sewage service to the Municipality; AND WHEREAS it is desirable to replace By-law Number 381 establishing sewage rates, and to enact a By-law imposing sewage service rates: NOW THEREFORE the Council of the Corporation of the Village of Port Burwell ENACTS AS FOLLOWS: 1. By-law Number 381 is hereby rescinded. 2. This By-law is subject to the approval of the Ontario Municipal Board.' READ A FIRST TIME READ A SECOND TIME READ A THIRD TIME AND FINALLY PASSED THIS /3 DAY OF (,�<<1, 1985. ' Jack Smyth �- h% ;TING CLERK, Cathy Kozakievicz THE CORPORATION OF THE VILLAGE OF PORT BURWELL BY-LAW NO. p; --/a- 1111 Being a by-law to rescind by-law number 85-8. WHEREAS the Corporation of the Village of Port Burwell has entered into an agreement with Her Majesty the Queen in Right of Ontario as represented by the Minister of the Environment for the supplying of sewage service to the Municipality; AND WEt-[REAS it is desirable to replace by-law number 85-8 establishing sewage rates, and to enact a by-law imposing sewage service rates; NOW THEREFORE the Council of the Corporation of the Village of Port Burwell ENACTS AS FOLLOWS: 1. By-law nurber 85-8 is hereby rescinded. 2. This by-law is subject to the approval of the Ontario Municipal Board. READ A FIRST TIME READ A SECOND TIME READ A THIRD TIME AND FINALLY PASSED THIS /5 DAY OF ft-i7 1985. z JE, Jac.c 6 ACTING CLERK, Cathy Kozakievicz THE CORPORATION OF THE VILLAGE OF PORT BURWELL BY-LAW NO. 95 / BEING A BY-LAW TO ESTABLISH A SEWAGE SERVICE RATE UNDER SECTIONS 8 AND 38(5) OF THE ONTARIO WATER RESOURCES ACT AND SECTIONS 218 (16), (18) AND (19) OF THE MUNICIPAL ACT. WHEREAS the Corporation of the Village of Port Burwell has entered or purpose to enter into an agreement with Her Majesty the Queen in Right of Ontario a:; represented by the Minister of the Environment for the operation of sewage service to the Village commencing in 1985; IIIWHEREAS the projected costs of operating the sewage works have been determined by the Ministry of Environment for the year ending March 31, 1986; WHEREAS the Corporation of the Village of Port Burwell wishes to establish a reserve for sewage maintenance and upkeep; AND WHEREAS it is deemed expedient and in the public interest to enact a by-law imposing a sewage service rate computed as 110 per cent of annual water rates charged or chargeable; NOW THEREFORE the Council of the Village of Port Burwell ENA('I b AS FOLLOWS; 1. A sewage service rate is hereby imposed upon the owners or occupants of lands which are supplied with sewage service as a consequence of the entering into of the agreement by the Corporation of the Village of Port Burwell. 2. The sewage service rate is calculated frau the projected operating costs for the period ending March 31, 1986 as established by the Ministry of Environment and. as described in Scheduale "A" hereto attached. 3. The sewage service rate shall be charged as a flat rate of 110 per cent of the water usage rate charged or chargeable to each user. 4. The sewage service rate shall be charged to each user who is not connected to the water works at the same amount as if the user had been connected to the water works. 5. The sewage service rate set by paragraphs 1, 2, and 3 shall be I billed and collected as part of the charge for water service to each user. READ A FIRST TIME READ A SECOND TIME READ A THIRD TIME AND FINALLY PASSED AND CARRIED THIS /5 r- DAY OF r1(44f 1985. III.4 • /ii. . A-L - ve, Jack -. h —� k €1 , Clerk, Cathy Kozakievicz THE CORPORATION OF THE VILLAGE OF PORT BURWELL SCHEDULE -A" BY-LAW NO. SEWAGE SERVICE RATE (OPERATIONS) 111/11 PROJECTED OPERATING COSTS FOR THE PERIOD ENDED MARCH 31. 1986 Salaries $18,000 Employee benefits 2,500 Transportation and Communication 1,000 Service and rentals 11,000 410 Supplies and equipment 13,100 Municipal taxes 1,000 46,600 M.O.E. Surcharge - 20% of $46,600 9,320 Reserve for maintenance and upkeep 2% of $224,952 capital coat 4499 $60,419 Estimated number of households projected to use the sewage system - 270 Sewage Service Rate equals: $60,419 - $223.77/year - $18.65/month 270 SERVICE RATES FOR 1985/86 Water rate - $17.00/mo. 100% Sewage service rate - 18.65/mo. 110% Total $35.65/mo. THE CORPORATION OF THE VILLAGE OF PORT BURWELL IIBY-LAW NO. g; - / 7 A BY-LAW TO AUTHORIZE THE EXECUTION OF AN AGREEMENT BETWEEN THE CORPORATION OF THE VIL.LACE OF PORT BURWELL AND HER • MAJESTY THE QUEEN IN RIGHT OF ONTARIO AS REPRESENTED BY THE MINI TER OF THE ENVIRONMENT. WHEREAS it is considered desirable to terminate certian agreements related to sewage works provided under program 1-0337 of the Ministry of the Environment and to make other arrangements with respect to the works provided for the purpose of such program. NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE VILLAGE OF PORT BURWELL ENACTS AS FOLLOWS: 1. THAT the Reeve and Clerk be and they are authorized and directed to execute an agreement in the form attached as Schedu?^ "A" hereto, which Schedule is declared to be and forms part of this by-law, between the Corporation of the Village of Port Burwell and Her Majesty the Queen in Right of Ontario as represented by the Minister of the Environment. 2. The sums of principal and interest payable in each year under the debentures provided for hereunder shall be raised by a special rate on all rateable property in the Municipality to the extent that such sums have not been provided for by a special rate or rates imposed by a by-law referred to in Subsection 3 of Section 143 of the Municipal Act. 3. THIS by-law shall came into force and take effect upon IPreceiving the approval of the Ontario Municpal Board. PASSED IN OPEN COUNCIL THIS /S fl- DAY OF Li 1985.A.D. i REEVE ACTING Clerk / / 4-41 BY-LAW READ A FIRST TIME THIS (rj 0- DAY OF 1985, A.D. BY-LAW READ A SECOND TIME THIS t5 N DAY OF _ 1985. A.D. BY-LAW READ A THIRD TIME THIS ,! r''-- DAY OF 1985. A.D. TIE CORPORATION OF THE VILLAGE OF PORP BURWELL 111 BY-LAW NO., 9> - / A by-law authorizing the Corporation of the Village of Port Burwell to enter into an Agreement with Her Majesty the Queen in Right of Ontario as represented by the Minister of the Environment. WHEREAS under subsection 7 (2) and Section 8 of the Ontario Water Resources Act, R.S.O. 1980, the Council of a Municipality may, by by-law authorize the Municipality to enter into an agreement with.the Crown for the reception, treatment and disposal of sewage for the Municipality. AND WHEREAS the Corporation of the Village of Port Burwell wishes to enter into an agreement with the Crown providing for the operation, supervision, control, maintenance, repair, administration and insuring by the Crown of certain sewage works owned by the Municipality and owned by the Crown in the Municipality. The Corporation of the Village of Port Burwell by its Municipal Council, enacts as a by-law of the Corporation as follows, 1. The Corporation of the Village of Port Burwell is hereby authorized to enter into an agreement, in the form annexed hereto as Schedule "A", with Her Majesty the Queen in Right of Ontario as represented by the Minister of the Environment. 2. The Reeve and Clerk be and they are hereby authorized to execute the said agreement, a copy of which is attached hereto, as Schedule "A", and any other documents necessary to carry out the intention of the parties. 3. This by-law shall carie into force and take effect upon receiving approval of the Ontario Municipal Board. READ A FIRST TIME , READ A SECOND TIME IF READ A THIRD TIME AND FINALLY PASSED AND CARRIED THIS /: DAY OF / 1985. if,ii � " ,. H JE, Jack -. • h Z:7,14 /J , j S CNG CLERK, Cathy Kozakievicz VILLAGE OF PORT BURWELL BY-LAW NO. g • Being a by-law to rescind a by-law appointing a Clerk-Treasurer. p WHEREAS the Council of the Corporation of the Village of Port Burwell deems it expedient to rescind a previous Clerk-Treasurer by-law. THEREFORE the Council of the Corporation of the Village of Port Burwell enacts as follows: THAT By-law number 84-13 is hereby rescinded. READ A FIRST TIME READ A SECOND TIME READ A THIRD TIME AND FINALLY PASSED AND CARRIED THIS /r; ' DAY OF , 1985. • , Jack Smyth ACTING (T.FRK, Cathy Kozakievicz VIILbCE CF RRF Bui€ J BY--Lata Ili / / . • A by-law with respect Lo the calculations of 1985 taxes and collection of same. THAT the Council of the Village of Port Burnell enacts a, follows: THAT the 1985 mill rates be established as follows: III PUBLIC SEPARATE Residential Commercial Residential Ccmnercial Village 102.027 120.032 102.027 120.032 County 24.076 28.324 24.076 28.324 Schools - Elementary 67.225 79.088 - Separate 65.110 76.600 - Secondary 51.104 60.122 51.104 60.122 ICTAL 244.432 287.566 242.317 285.078 3� THAT the installment due dates be August,.'October;i and November. c'I, THAT the penalty applied to late payments be established at 1.25% day after due date plus 1.25% per month after the first day of each month. THAT no discounts will be awarded for early payments. 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 AND FINALLY PASSED AND CARRIED THIS /6 P-- DAY OF dtc-ti 1985. • vCL e, Jack ryth (),fU 1., 1 al t./Gil'4j ACTINGClerk, Cathy Kozakievicz. CORPORATION OF THE VILLAGE OF PORT BURWELL BY-LAW _ P57.-0,3 A By-law to perhibit parking on certain roads in the Village of Port Burwell. 10 WHEREAS: The Council of the Corporation of the Village of Port Burwell deems it necessary to prohibit the parking of motor vehicles on certain highways in the Village. AND WHEREAS: The Corporation of the Village of Port Burwell has erected or plans to erect "No Parking" signs on the road allowances as defined in Schedule A attached to and forming part of this By-law. THEREFORE: The Council of the Coporation of the Village of_Port Burwell enacts as follows: Interpretation 1. In this by-law (a) "highway" includes a common and public highway, road, street, avenue, parkway or bridge, designed and intended for, or used by, the general public for the passage of vehicles. (b) "park or parking", when prohibited, means the standing of a vehicle, whether occupied or not, except when standing temporarily for the purpose of and while engaged in loading merchandise of passengers. (c) "vehicle" includes an automobile, truck, motorcycle, motor assisted bicycle, trailer and any vehicle drawn, propelled or driven by any kind cf power. No Parking 2. Where appropriate no parking signs have been erected and are on display no person shall park a vehicle on, at the side of and within the limits of any highway set out in columns 1, 2 and 3 of Schedule A to this By-law during the times set out in column 4 of the said schedule. Enforcement 3. The By-law Enforcement Officer or Officers duly appointed by the Corporation of the Village of Port Burwell shall enforce the provisions of this By-law. 4. An officer appointed for the carrying out of the provisions of this By-law, upon discovery of any vehicle parked or standing in contravention of this by-law, may cause it to be moved or taken 11, to and placed or stored in a suitable place and all costs and charges for removing care and storage thereof, if any, are a lien upon the vehicle which may be enforced in the manner provided under the Mechanic's Lien Act. Penalties 5. Every person who contravenes any of the provisions of this by-law is guilty of an offense and a summary conviction is liable to a fine of not less than $ It''" and not more than $.:1S'cc Voluntary Payment of Parking Penalties: 6. Notwithstanding all other provisions of this By-law in respect to penalties for violation of the provisl.ons of this By-law, any person may, upon presentation of a violation tag issued alleging commission of such an offence under this By-law, pay at the Village Office within (5) five days from the date of the said tag, a penalty of $10.00 and upon such payment no further procedings shall be taken under this By-law in respect of the said offence alleged in the violation tag. 7. The provisions of this By-law shall not become effective until the appropriate signs • have been erected in compliance with the Highway Act. READ A FIRST AND SECOND TIME THIS /s day of , 19 . r READ A THIRD TIME AND FINALLY PASSED THIS , day of , 19 . ,\ Reeve Acting Clerk Treasurer • S SCHEDULE A to BY—LAW COUJMN 1 COLUMN 2 COIIJ=W 3 COUJMN 4 Street Side or Sides From To Period Addison Westside Wellington Street Homer Street Anytime Enforced by Iroquois Provincial Park Wardens: David Orton Frank Reiser David Stephens Lyle Willard • THE CORPORATION OF THE VILLAGE OF PORT BURWELL BY-LAW NUMBER 85-19 BeingIII a by-law to appoint a By-law Enforcement Y Officer, and Dog Licensing Officer for the Village of Port Burwell. • THE COUNCIL OF THE OGRECRKMEN OF THE VILLAGE OF PORT BURWELL ENACTS AS FOLLOWS: THAT Chester Adcock is hereby appointed By-law Enforcement Officer and Dog Licensing officer for the Village of Port Burwell. REMUNERATION SHALL BE AS FOLLOWS: A) $150.00 payable in March and $150.00 payable in September for By-law Enforcement, and B) $1.50 for each dog tag or license sold for Dog Licensing Officer. C) $35.00 per day for court appearances. BY-LAW ENFORCEMENT GUIDELINES: A) Monthly reports to be submitted to Council. B) All registered letters to be typed in triplicate THAT this by-law shall remain in effect from year to year unless repealed or otherwise amended by Council. ' THAT and By-law not consistent with the provisions of this by-law be and is hereby repealed. I READ A A FIRST T READ SECOND TIIME ME READ A THIRD TIME AND FINALLY PASSED AND CARRIED THIS 24th DAY O; July, 1985. A.D. - 44-4(23 ' Acting Clerk Reeve Cathy Kcz ki:vicz Jack Smyth THE CORPORATION OF THE VILLAGE OF PORT BURWELL BY-LAW NO. 85-20, BEING a by-law to appoint a weed inspector. WHEREAS the weed Control Act, Chapter 493, R.S.O. 1970, authorizes the appointment of a Municipal Weed Inspector. THEREFORE, the Council of the Corporation of the village of Port Burwell, enacts as follows: THAT Chester Adcock is appointed Weed Inspector for the Village of Port Burwell to carry out the duties as required by the said Act. 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. READ A FIRST TIME • READ A SECOND TIME READ A THIRD TIME AND FINALLY PASSED AND CARRIED THIS 12TH DAY OF AUGUST, 1985 A.D. AIK)3 0.-4f Aee zcs - _ /. 1-4,111124.10,Z:( Clerk Reeve Cathy Kozakiev?.cz Jack Smyth • HE CORPORATION OF TIE VILLAGE OF PORT BURWELL BY-LAW NUMBER 85-21 • (Being a by-law to amend a previous by-law) THAT the Council of the Corporation of the Village of Port Burwell ENACTS • AS FOLLOWS: THAT by-law number 85-17, being a by-law with respect to the calculations of 1985 taxes and collection of same, be amended as follows: THAT the installment due dates of August 30, 1985, October 4, 1985, and November 29, 1985, be changed to: September 23, 1985, October 25, 1985, and November 29, 1985. READ A FIRST TIME READ A SECOND TIME READ A THIRD TIME AND FINALLY PASSED AND CARRIED THIS 24TH DAY OF AUGUST, 1985. !. iii.. /t Reeve Jack Smyth a44 ilscr.10.6(c.,4,\- Acting Clerk 41101 Cathy Kozakievicz THE CORPORATION OF THE VILLACE OF PORT BURWELL BY-LAW NO. 85-22 111 (Being a by-law to amend a previous by-law). • THAT the Council of the Corporation of the Village of Port Burwell ENACTS AS FOLLOWS: THAT schedule A of by-law number 85-18, a by-law Lo prohibit parking on certain roads in the Village of Port Burwell, be amended as follows: Add to schedule A : Column 1 Column 2 Column 3 column 4 (street) (side) From To (period) Chatham Street East side North cornor South cornor Anytime West side of ..;e«:,3 of Sewage Treatment Pk T::.. tx nt Plant • READ A FIRST TIME READ A SECOND TIME READ A THIRD TIME AND FINALLY PASSED AND CARRIED THIS 9TH DAY OF SEPT"M3E^, 1985. L. sL REEVE • / Jack Smyth Village of Port Burwell erpz; 41101 ACTING ('i.FRK Cathy Kozakievicz • THE CORPORATION OF THE VILLAGE OF PORT BURWELL BY-LAW NO. 85-23 • (Being a by-law to amend a previous by-law). THAT the Council of the Corporation of the Village of Port Burwell ENACTS AS FOLLOWS: THAT by-law number 83-07, being a by-law to license vehicles from which refreshments are sold Sir consumption by the public, be amended as follows: THAT Paragraph number four (4) be deleted. READ A FIRST TIME READ A SECOND TIME READ A THIRD TIME AND FINALLY PASSED AND CARRIED THIS 9TH DAY OF SE ER, 1985. - Jack Smyth Village of Port Burwell C 4,4 ACTING CLERK Cathy Kozakievicz S 4110 r THE CORPORATION OF THE VILLAGE OF PORT BURWELL BY-LAW NO. 85-24 WHEREAS by-Laws :umber 312 and 313 and 314 are no longer required. Now therefore t!.. Council of the Corporation of the Village of Port Burwell enacts a:; follo.. , That by-laws number 312 and 313 and 314 are hereby rescinded effective funned:..,tely. WHEREAS Ly-Raw number 85-7 is to be replaced by by-law number 85-25 WHEREAS Ly-law number 85-1; is to be replaced by by-law number 8 27 • WeitEAS by-law r::unber 85-14 is to be replaced by by-law number 85-26 Now Therefore t�..• Council of the Village of Port Burwell enacts as follows: That by-laws nur:�r,er 85-7 and 85-15 and 85-14 are to be repealed effective a when by-Laws nus.Ler 85-25 and 85-26 and 85-27 are proclaimed. • • READ A 1 it:;T T1:- READ 1: .READ A ::ECO IU '. ..... REAL A TI U!d) Ti.... AND FINALLY PASSEL) AND CARRIED THIS 2-4 DAY OF a4 1985. or / . / EEVE ,/ . . . _row' . CL1it6 • .• . • • 4110 • • • - i 'fl-IL CORPORATION OF THE VI1.1.A(13 Ut' PoR1' L3URWELL BY-LAW NO. 85-26. A BY to authorize the execution of an • • agreement between the corporation of the Village of Port Burwell and her Majesty OK. Queen in Right of Ontario as represented by the Minister of the Environment. • 1 • WI 1E t is considered desirable to terminate the agreement, dated vb..: 28th day of August, 1980, between the ministry of the Environment and the nun v..tpalay, which is related to sewage works provided under program number 10331 o1 tilt. '•l,nistry of the Environment and to enter a new agreement; and WHEREAS tix• Village of Port Burwell wishes to own the sewage•works and Liu.. Minister of -the Environment has agreed to transfer the ownership of the sewage works to the Village of Port Burwell upon it assuming the outstanding capital cost of the sewage works; and WHEREAS the Village of Port Burwell proposes to finance the capital debt by a Ministry of Environment Loan of $224,952.00, less any catututation; as detailed in Schedule "A": and WHEREAS the Village proposed to raise monies to fund the revenue requireuents for the capital debt according to the detailed plan attached as Schedule "B". NOW 'INEREFURE TILE COUNCIL OF THE CORPORATION OF TIDE VILLAGE OF T'OR'T' • 13U16€Fl.L ENACTS AS FOLLOWS: 1. THAT the keeve and Clerk be and they are hereby authorized and directed tU. uxet-111.0 an .upc.anent in the form attached as Schedule "C" hereto, which schedu•• is d+. lared t.• to and forms part of this by-law, between the Corporation of th V,I l;i•y' of Poi : L3urt&ll, and Her Majesty the Queen in Right of Ontar to as t pr.•.•-eutad by t:he Minister of the Environment. 2. THIS by-1..:i shall cute into force and take effect_ upon receiving the • approval of th.- Ontario Municipal Board. -2- PASSED IN OPEN COUNCIL THIS fZ/ DAY OF (:';c t 1985. 11111 r ��• € • I(// Clerk By-law read a first and second time this / day of )C1985. By-law read a third time this ( day of (175r, 1985. • 4110 SCHEDULE "A" TO BY-LAW NO. 85-26 OF HE VILLAGE OF PORT BURWELL. Statement of Capital Costs and Debt Sewage Project No. 1-0337 CAPITAL COSTS: Estimated $ Gross Cost 3,108,000.00 Less: Provincial Assistance (61.5%) 1,910,048.00 C.O.A.S.P. 973,000.00 Net Cost to Municipality 224,952.00 FINANCED BY INT. RATE M.O.E. Loan 14.00% 2.24,952.00 Total Municipal Debt 224,952.00 At /- ( QS Clerk-Treasurer Date p • SCHEDULE "B" TO BY-LAW 85-26 OF TUE CORPORATION OF THE VILLAGE OF PORT BURWELL Statement of estimated revenues and expenditures 1111/ ° Sewage Project # 1-0337. Expenditures - Municipal Internal Collection and Admin. Est. Cost NIL • - Estimated Operating Costs (M.O.E. ) / 46600.00 - Debt Charges: M.O.E. Capital Loan 62973.00 Total Expenditures' $109,573.00 • Revenues - Annual Frontage Charges - Flat rate 163.40 (by-law #85-25) 63072.00 (386 Serviceable lots, and 270 Hames) - Annual Service Rate (by-law #85-13): (# of users 270 and rate, $223.77) 60419.00 Total Revenues • $123,491.00 TYPICAL HOME OWNER CHARGE Frontage Charge - flat rate $163.40 163.40 Service Rate (Residential User Rate) 223.77 THC $ 387.17 BY-LAW CCMPARISION ORIGINAL BY-LAW REVISED By-LAW NO. Rate (Flat Flnitacp) 141.18 312 (1978) 163.40 Servic._ Rate NIL 223.7 ' 15 1 ; Frontage (Ftotap Ric) 18.00 313 (1978) NIL Connection 15.00 314 (1978) NIL THC: $174.18 $387.17 nt-2-(GS erk-Treasurer Date 4INT6T6t• oc- T'.c Eyv140NMENT PkOGRAM NAMt:Pw T NuW'EL1, SE+.AGE AuR, S 1-u337-00-00 PROGRAM NU.: LOAN AMOUNT : S 224952.00 ISSUE DATE: JUNE 111985 AMORTIZATION PERIOD: 11 5 VHS. TOTAL NUMBER OF PAYMENTS: 20 COM OUNDED 2 TIMES A YEARSovO-_ AMORTT�LATION FACTOR:Q 0699847325 PERIODIC PAYMENT : A 15743.20 PAYABLE EVERY 3 MONTHS ANNUAL PAYMENT : S 62972.80 PAYMENT INTEREST PRINCIPAL PRINCIPAL CUM INTEREST CUM PRINCIPAL NUMBER PAYMENT PAYMENT OUTSTANDING PAYMENT PAYMENT 1 7740.16_ 9n03.nt4 221bb99448.96 7740.16 8003.04 ____I - 7179,95 A563.25 200107,30----- 4,90 24844;70 4 6865.31 6857.89 191249.4 2� 3370 .59 5 6580.52 9102.6d 182086.73 35650.73 41865.27 6 6265.25 9477.95 172608.78 42115.98 5345.22 7 5939.14 9804.06 162804.72 480 5.12 6147.28 8 5601 .80 10141 .40 152663.32 53656.92 72288.68 9 5252.85 10490.35 142172.97 58909.77 82779.03 --11-10- 4891.905 --- -1 1854;37 120027,67 63801.67 93630.33 - 12 382. 1 11610.89 108486. 72452.50 1 104855 00 41 3 ii 72452.51 116465,39 14 3732.803 3195 12010.4036 84052,06 79 76185,316 140899,94 15 2892.07: 12851 .13 71204.93 8296.93 153751.07 16 2449.89 13293.31 57907 62 8411:82 16 044.38 17 1992,49 13750 71 44156,918 3 16079 .09 18 1519.36 --t*223-.84 -290330 88 X67 219 1029.94 14713.26 1521 .81 69 8.61 2097 2.19 0 523.68 15?19.A1 89 12.29 2249 2.00 .t• FINAL PAYMENT IS, 15743.49 ... 3cheaule A to an agreement between The Ministry of the Environment and the Village of Port Burwell. Amortization schedule for the capital portion of Program 1-0337 This schedule ::ill be readjusted to reflect amounts as of effective date of transfer. • :.::counts will u,t _:isue:. annually ;,:;t ..::e Crown for .i:2 mounts due hereunder. The accounts _ naxe provi=ion for the cate of payment an;.' interest in, arrears • . 41. t SCHEDULE IOC TO BY-LAW No. 2 jr:- 60F. THE CORPORATION OF I THE VILLAGE OF PORT BURWELL . THIS AGREEMENT made in four copies this day of 19 . BETWEE N: I/ HER MAJESTY THE QUEEN IN RIGHT OF ONTARIO AS REPRESENTED BY THE IMINISTER OF THE ENVIRONMENT (herein called the "Crown") I/I OF THE FIRST PART $ --and-- 1 11 THE CORPORATION OF THE VILLAGE OF PORT BURWELL I/ (herein called the "Municipality") OF THE SECOND PART WHEREAS the Ministry of the Environment and the Municipality entered into an agreement dated the 28th I/ day of August 1980 , (herein referred to as the "Previous Agreement") for the construction and provision of sewage ' works (herein referred to as the "Works") for the Municipality; and 11.4106 2/ IFPage 7 -2- WHEREAS the Previous Agreement provides that the I/ Works will be operated by the Crown; and 11II1 I r WHEREAS the parties wish the Works to be directly owned and operated by the Municipality; and passedY WHEREAS the Municipalityhas a By-law authorizing the execution of this Agreement ; THIS INDENTURE WITNESSETH that in consideration of the premises and the covenants , conditions and payments hereinafter set forth, the parties hereto agree pursuant to subsection 7 (2) and Section 8 of the Ontario Water Resources Act as follows : 1 . The Previous Agreement is amended to prescribe S I/ 110 11 ii II that it shall remain in force until the 11 day of , 19 , and in any event until all obligations to the Crown by the Municipality have been discharged to the satisfaction of the Minister of the Environment . 2 . Subject to the provisions hereof being complied with by the Municipality, the Minister of the Environment certifies that the provisions of the Previous Agreement have been satisfactorily discharged . 3/ I. Page 8 i . 11.1 II • • - 3- 3 . 3 3 . (1 ) The Works , including all real estate and 1/ personal property acquired by the Crown for the sole purpose of the Works , are hereby 1! conveyed and transferred to the Municipality which shall insure , operate , maintain and I/ repair the Works or arrange therefore hereafter . 11 (2) The Crown will enforce all warranties and any claims against any contractors or suppliers of goods and services arranged for by the Crown with respect to the Works and the Municipality will keep the Crown advised of all events which might enable the Crown to make a claim with respect to any such warranties and claims . I/ (3) The Crown will provide to the Municipality 11 at its expense such further conveyances of personal and real property including I easements and licences as the Municipality, from time to time , requests and counsel for the Crown advises for purposes of perfecting IIIP any conveyance and for registration purposes . It 4 . 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: 4/ 1. I Page 9 I I . II • -4- (I) all claims for property damage or injuries , I/ including injuries resulting in death, to any property or person or persons and any 11 consequential damages arising from such damage or injuries whether damage or I/ injuries be caused by or attributable to the negligence of the Crown or its officers , agents , servants or employees or otherwise ; (2) all claims , actions and awards under The 11 Workmen' s Compensation Act or similar Acts ; and I/ (3) all demands , liability, loss , costs , 11 damages , expenses , compensation , awards or payments of every kind or nature whatsoever , and all actions , suits or proceedings of I/ every kind or nature whatsoever, by whomsoever incurred , sustained , suffered , fmade , paid , brought or taken; and ' in any manner connected with, caused by or attributable to the entry into of this agreement , the performance or the failure to perform the terms and conditions hereof or the design construction, maintenance or the operation of the Works whether arising before or after the entry into of this agreement , 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 or another agreement in relation to water or sewage works to the extent such amount is recoverable and is recovered by /410 the Crown from another person. 5/ LPage 10 r t • gi -5- • 5 . Such inventory or listing of the moveable 1/ property , including petty cash, shall he made as is required to satisfy the auditors and financial branches of the Crown and the Municipality . 6 . (1) In lieu of making payments under the Previous Agreement the Municipality shall ' make payments to the Crown in accordance with the provision of Schedule "A" . 11 (2) Where the costs for a part of the works have not been finally determined or where an error is made the Crown may, after consultation with the Municipality, by written notice to the Municipality alter I/ such part of Schedule "A" or add a new schedule to reflect the final costs or 11 correction. 7 . (1 ) Subject to approval by the Ontario Municipal I Board , this agreement comes into effect as of the day of 19 f 6/ I/ Page 11 11 I/ I/ . 10111illp -6- (2) In the event that approval of- the Ontario ' Municipal Board is not obtained by the effective date of this agreement and is obtained at a later date , such financial adjustments , if any, as are required shall 11 be made so as nearly as possible to adjust matters between the Crown and the 1 Municipality to the state they would have been in if the agreement had been approved and in force by such date . 1/ (3) Notwithstanding subsections 1 and 2 , the I/ Crown shall keep all of its insurance policies relating to the Works in force 1 until at least the later of the effective date of this agreement or the day on which I/ the agreement is approved by the Ontario Municipal Board . (4) The insurance policies referred to in subsection 3 are those which the Crown from time to time maintains in force with respect to sewage works of the same type as the 111/ Works . 8 . This agreement is subject to the provisions , as they may be amended from time to time, of the Ontario Water Resources Act and the Regulations I/ thereunder and any substitutions therefor . 1 7/ 140 Page 12 1/ I II , 9 . This agreement and the covenants , provisos and ` conditions herein shall enure to the benefit of and be binding upon the respective successors 11 and assigns of each of the parties hereto . • I/ IN WITNESS WHEREOF the Crown and the Municipality have caused this agreement to be executed 1 by the affixing of their proper seals attested by the signatures of the proper persons duly authorized in that 1/ behalf. HER MAJESTY THE QUEEN IN RIGHT OF ONTARIO AS REPRESENTED BY THE MINISTER OF THE ENVIRONMENT I/ Minister I/ THE CORPORATION OF THE VILLAGE OF 111/ PORT BURWELL 11 I/ Per: C/S Reeve I gip Clerk r Page 13 r• TIE CORPORATION OF THE VILLAGE OF PORT BI JR.11.f.1. BY-LAW NO. 85-27 A by-law authorizing the Corporation of the village of Port Burwell to enter into an Agreement with tier Majesty the Queen in the Right of Ontario as represented by the Minister of the Environment . WHEREAS under subsection 7 (2) and Section 8 of the Ontario Water Resources Act, R.S.O. 1980, the Council of a Municipality may, by by-law authorize the Municipality to enter into an agreement with the Crown for the reception, treatment and disposal of sewage for the Municipality. AND WHEREAS the Corporation of the Village of Port Burwell wishes to enter into an agreement with the Crown providing for the operation, supervision, control, maintenance,'repair, administration and insuring by the Crown of certain sewage works owned by the Municipality and owned by the Crown in the Municipality; and WHEREAS the Village of Port Burwell proposes to reimburse the Crown for its costs of the operation, supervision, control, maintenance, repair, administration and insurance of the sewage works according to sr}xedule "R" of by-law number 85-25. The Corporation of the Village of Port Burwell by its Municipal Council , enacts as a by-law of the Corporation as follows; 1. The Corporation of the Village of Port Burviell is hereby authorized to enter into an agreement, in the form annexed as schedule "A", with Her Majesty the Queen in Right of Ontario as represented by the Minister of the Environment. 2. The Reeve and Clerk be and they are hereby authorized to execute the said agreement, a copy of which is attached hereto, as schedule "A" and any other documents necessary to carry out the intention of the parties. 3. This by-law shall come into force and take effect upon receiving approval of the Ontario Municipal Board. READ A FIRST TIME READ A SECOND TIME READ A THIRD TIME AND FINALLY PASSED AND CARRIED THIS DAY OF 1985. 11, �. • • ,eve • Clerk MOE File No : 1-0337 0MB File No : SCHEDULE "A" TO BY-LAW NO. .S ' I OF THE CORPORATION OF THE VILLAGE OF PORT BURWELL 111 THIS AGREEMENT made in triplicate this day of A.D. , 19 BETWEEN: HER MAJESTY THE QUEEN IN RIGHT OF ONTARIO AS REPRESENTED BY THE MINISTER OF THE ENVIRONMENT (hereinafter called the "Crown") OF THE FIRST PART -- and -- THE CORPORATION OF THE VILLAGE OF PORT BURWELL (hereinafter called the "Municipality") OF THE SECOND PART WHEREAS the Municipality and the Crown wish to enter into an agreement to provide for the operation of the works described in Schedule "A" hereto , which the Municipality represents are presently owned by it and which has direct access from an open public road and for the additional from time to time of other works to this Agreement (all of which sewage works as they from time to time exist are sometimes to herein as the "Works") ; • ` -2- AND WHEREAS at the request of the Municipality the Crown has agreed to operate the Works for the Municipality; AND WHEREAS the Parties may wish to provide for the addition from time to time of other works to this agreement . AND WHEREAS the Council of the Municipality on the day of , 198 passed By-law No . authorizing the Municipality to enter into agreement . NOW THEREFORE THIS AGREEMENT WITNESSETH that consideration of the covenants , conditions and payments hereinafter set forth the parties agree as follows : 1 . (1) The Crown will continue to or commence to operate , supervise , control , maintain , repair , administer and insure the Works as more particularly described in Schedule "A" hereto ; (2) The Municipality may inspect the insurance policies of the Crown relating to the Works and may maintain additional insurance if it wishes , provided that any such insurance shall name the Crown as an additional insured . 2 . The Municipality hereby releases , discharges and covenants and agrees at all time to indemnify and save harmless the Crown from and against all claims including! 3/ -3- 111 (a) All claims from property damage or injuries , including injuries resulting in death, to any property of person or persons and any consequential damages arising from such damage or injuries whether such damage or Iinjuries be caused by or attributable to the negligence of the Crown or its officers , agents , servants or employees or otherwise ; (b) all claims , actions and awards under The Workmen' s Compensation Act or similar Acts ; and (c) all demands , liability, loss , costs , damages , expense , compensation, awards or payments of every kind or nature whatsoever , and all actions , suits or proceeding of every kind or nature whatsoever, by whomsoever incurred , sustained , suffered , made , 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 , maintenance or the operation of the Works , whether arising before or after the entry into of this Agreement , 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 or another agreement in relation to sewage works or to the extent such amount is recoverable and is recovered by the Crown from another person . 4/ -4- 3 . (1 ) The Municipality agrees to pay the Treasurer 1111 of Ontario and Ministry of Economics (the Treasurer) in each year during the term of this agreement . Commencing with the year in which the Crown commences the operation of the Works , the following sums : (a) The total cost to the Crown, in each such year, of the operation , supervision , maintenance , repair, administration and insurance of the Works as determined by the Crown in its sole discretion after consultation with the Municipality. 4 . (1) The Municipality shall pay to the Treasurer quarterly and not later than the 15th days of March, June , September and December in each year or such other days as the Crown may advise the Municipality in writing the sums due hereunder by the Municipality to the Crown in accordance with the precepts or accounts of the Crown directed to the Municipality for each such year. (2) The mailing by the Crown of a precept or account by registered mail in an envelope addressed to the Clerk of the Municipality shall constitute delivery of the precept or account to the Clerk of the Municipality. 5 ' • Page 22 I -5- (3) In each year the Crown shall deliver to the 1111 Municipality a statement showing how the changes hereinbefore referred to are made up . I III (4) The accounts kept and the precepts or accounts issued for purposes of this agreement may be combined with those kept and issued for the - urposes of any other agreement between the parties . 1 5 . (1) The Crown will establish and maintain a Ireserve account or accounts for the Works to provide for renewals , replacements , alterations , extensions and contingencies in I respect of the works and shall credit such reserve accounts and expend , use , apply , 1 utilize and appropriate therefrom for such purposes such amounts as may, in the opinion of the Crown , be sufficient therefore . (2) The amounts in any reserve accounts l established hereunder may be blended with reserve accounts and other accounts in a consolidated fund or funds which may be held by the Crown and there shall be allocated to any reserve account established hereunder the approximate share of the earnings of any such fund and the investment thereof having regard to the respective balances from time to time remaining in the fund to the credit of all such accounts . 6/ • Pace 23 -6- When any such funds or any portions thereof are held in the Consolidated Revenue Fund of Ontario such interest or other earnings as the Treasurer allows shall be included in the earnings of the funds . 6 . (1) The Crown may shut-off or reduce the volume of sewage treated or collected from the Municipality in cases of emergency or breakdown or when it may otherwise be necessary in the performance of this Agreement , but the Crown shall , when practicable , endeavour to give to the Municipality reasonable notice of intention to shut-off or reduce the volume of sewage . (2) The Municipality shall advise the Crown whenever a connection to the Works or to any sewage works which may drain into the Works is being made so that the Crown may inspect such connection . 7 . The Municipality to the extent of its power and authority shall not permit any waste which , in the opinion of the Crown , may damage or interfere with the operation of the Works , to he deposited or discharged into any sewer connected directly or indirectly to the Works . 8 . No Municipality other than the Municipality an-' no person other than persons located within the Municipality shall be connected to the sewage • works without the prior written consent of the parties thereto . 7/ i i -7- 9 . (1 ) The Crown' s obligation to operate the Works shall continue until terminated in accordance herewith or by subsequent 1 agreement between the parties hereto . (2) Either party may terminate the Crown' s obligation to operate the Works under this agreement by one year' s written notice to the other . 10 . On the date of termination of the Crown' s obligation to operate the Works , the Crown will transfer to the Municipality at the expense of the Municipality, the management , control and operation of the Works being operated under this agreement and the balance if any , remaining to the credit of any reserve account established under section 5 hereof and all earnings allocated to such account . 11 . Notwithstanding the termination of the Crown' s obligation to operate any or all of the Works , and the subsequent transfer and delivery of possession of any of the Works (herein referred to as the "transferred works") to the Municipality by the Crown , within 60 days of the termination or within 30 days of the receipt of the precept of the Crown whichever is later , the Municipality will pay to the Treasurer any sum or sums in relation to the operation , supervision , control , maintenance , renair., 10 administration and insurance of the transferred works ascertained by the Crown on a final adjustment , S/ -8- to be owing to the Crown , upon receipt of payment of which , all obligations of the I 11/1 Municipality to the Crown other than those under Section 2 will have been discharged by the Municipality to the Crown . 12 . Upon by-laws in p y form satisfactory to the Crown being passed by the Municipality, additional 1 works or replacement works may be added to Schedule "A" with the approval of the Crown . The approval of the Crown may be evidenced by affixing the Minister' s signature to such additional parts of Schedule "A" . 13 . Any additional parts of Schedule "A" will specify the date on which the Crown will become responsible for the payments set out in section 4 hereof with respect to such additional works . Unless otherwise provided in any such additional part of Schedule "A" payments shall be made on the same days as provided herein and payments for fractional periods will be adjusted on a daily basis . 14 . The Crown' s obligation to operate the Works may be terminated as provided in Section 9 , 10 and 11 with respect to the Works described in any part or parts of Schedule "A" . In the event of a termination with respect to only some of the works operated hereunder the Crown may return all , part or none of the reserve account as the Crown in its sole discretion determines . • 9! -9- 15 . Upon the termination of the Crown ' s obligation to operate the Works , the Municipality hereby agrees , subject to the Successors Rights (Cost Transfers) Act , to offer to employ all those 411 persons engaged as full time Crown employees in the operation , supervision , control and maintenance of the transferred Works under such terms and conditions of employment as employees of the Municipality in similar positions may enjoy at the dae of termination provided that the pay of any Crown employee who accepts such offer shall not be reduced below the level which he would be entitled to receive from time to time under the schedule of pay under which he was employed by the Crown in force at the date of termination , and he shall be entitled to an annual vacation with pay for a period not less than he was entitled to at the date of such termination and his accrued pension rights shall be transferred under the Ontario Municipal Employee Retirement System Act Regulation . 16 . This agreement is subject to the provisions as they may be amended from time to time of the Ontario Water Resources Act and the Regulations thereunder . 10/ • Pace 27 / -10- 1111 IN WITNESS WHEREOF the Crown and the Municipality have caused this agreement to he executed by the affixing of their proper seals attested by the signature of the proper persons duly authorized in that behalf. THE CORPORATION OF THE VILLAGE OFR PORT BURWELL C/S Reeve Clerk HER MAJESTY THE QUEEN IN RIGHT OF ONTARIO AS REPRESENTED BY THE MINISTER OF THE ENVIRONMENT Minister • -11 - 1111 Schedule "A" to an Agreement between the Minister of the Environment and the Corporation of the Village of Port Burwell . I Schedule "B" to By-law No . 9 S-Z 7 of the Corporation of the Village of Port Burwell . PART I Sewage System formerly Provincial Program 1-0337 1 • VALUE For Insurance purposes : S THE CORPORATION OF THE VILLAGE OF PORT BUitWF,LT, • BY-LAW NO. 85-28 A BY-LAW TO ESTABLISH A LOCAL ARCHITECTURAL CONSERVATION ADVISORY COMMITTEE AND PROVIDE FOR THE APPOINTMENT OF MEMBERS THERETO. 41110 Whereas section .^8 of the Ontario Heritage Act, 1174 provides that the council of a municipality may, by by-law, establish a local advisory committee to be Known as the Local Architectural Conservation Advisory Committee (LACAC) to ' advise and assist the council on all matters relating to Part: IV and V of the Ontario Heritage Act, 1974; and / . 111 Whereas the Council of the Village of Port Burwell deems it, advisable t.., establish such a committee and provide for the appointment of•m'vnhere thereto; THEREFORE the Council of the Corporation of the Village of tort iurwell enacts as follows: • 1) A local advisory committee to be known as the Local Architectural Conservation' Advisory Committee is hereby established. ?) The local advisory committee shall consist of a minimum of five members. Members shall be appointed by Council. 3) The Council of the Corporation of the Village of Port Burwell may, by resolution, replace members as terms of membership expire, or appoint from time to time such new members as it deems desirable. 4) The terms of reference of the local advisory committee shall be as follows. a) To establish criteria for the evaluation of properties ofarchitectural and/or historical value or interest; b) To prepare and maintain a list of properties and areas worthy of conservation; c) To advise Council on means of conserving heritage properties- and areas; d) To advise Council on current heritage conservation legistation and En assist Council in the preparation of municipal legislation to rcnserve heritage properties and areas; e) To implement programmes and activities to increase public aw•arene:.s ,sw knowledge of the heritage conservation issues; f) to advise and assist Council on all matters relating to rartsIV anti V of the Ontario Heritage Act, 1974; g) To advise and assist Council on any other matters relating to buildings ane areas of architectural and/or historical significance; h) To administer properties acquired ty the municipality under ection 16 • of the Ontario Heritage Act, 1974; i) To prepare, before the 1st day of March each year, a report of the previous year's activities, a report of the previous year's expenditures and i projected budget for the succeeding year; j) The local advisory committee shall meet as often as it deems necenea r,;, but at least once each four months. 3) This by-law shall come into force and take effect on the 'late of its passing. READ A FIRST TIME itEAD A SECOND TIME TREAD A THIRD TIME AND FINALLY PASSED AND CARRIED THIS / DAY OF 1985. I ,, EEVE ../- AO 2 411111.IIII II 117" Cr T.--), . THE CORPORATION OF THE VILLAGE OF PORT BURWELL • BY—LAW NO. 85-28 • A BY—LAW TO ESTABLISH A LOCAL ARCHITECTURAL CONSERVATION ADVISORY COMMITTEE AND PROVIDE 9 FOR THE APPOINTMENT OF MEMBERS THERETO. Whereas section 28 of the Ontario Heritage Act, 2974 provides that the council of a municipality may, by by—law, establish a local advisory committee to be Known as the Local Architectural Conservation Advisory Committee (LACAC) to advise and assist the council on all matters relating to Parts IV and V of the Ontario Heritage Act, 1974; and Whereas the Council of the Village of Port Burwell deems it advisable to establish such a committee and provide for the appointment of members thereto; THEREFORE the Council of the Corporation of the Village of Port Burwell enacts as folloe.:•: 1) A local advisory committee to be known as the Local Architectural Conservation Advisory Committee is hereby established. 2) The local advisory committee shall consist of a minimum of five members. Members shall be appointed by Council. • 3) The Council of the Corporation of the Village of Port Burwell may, by resolution, replace members as terms of membership expire, or appoint from time to time such new members as it deems desirable. 4) The terms of reference of the local advisory committee shall be as follows. a) To establish criteria for the evaluation of properties ofarchitectural and/or historical value or interest; b) To prepare and maintain a list of properties and areas worthy of conservation; c) To advise Council on means of conserving heritage properties and areas; d) To advise Council on current heritage conservation legistation and to assist Council in the preparation of municipal legislation to conserve heritage properties and areas; e) To implement programmes and activities to increase public awareness- and knowledge of the heritage conservation issues; f) to advise and assist Council on all matters relating to PartslV and V of the Ontario Heritage Act, 1974; g) To advise and assist Council on any other matters relating to buildings and areas of architectural and/or historical significance; • h) To administer properties acquired by the municipality under :.action 36 of the Ontario Heritage Act, 1974; i) To prepare, before the 1st day of March each year, a report of the previou year's activities, a report of the previous year's expenditures and a projected budget for the succeeding year; j) The local advisory committee shall meet as often as it deems necessary, but at least once each four months. 5) This by—law shall come into force and take effect on the date of its passing. READ A F i star TIME READ A SE(:OND TIME • READ A THIRD TIME AND FINALLY PA:JSED AND CARRIED THIS ,/ DAY OF 014 1985. Eir115r L'L.F THE CORPORATION OF THE VILLAGE OF PORT BURWELL BY—LAW NO. 85-28 A BY—LAW TO ESTABLISH A LOCAL ARCHITECTURAL • CONSERVATION ADVISORY COMMITTEE AND PROVIDE FOR THE APPOINTMENT OF MEMBERS THERETO. Whereas section 28 of the Ontario Heritage Act, 2974 provides that the council of a municipality may, by by—law, establish a local advisory committee to be known as the Local Architectural Conservation Advisory Committee (LACAC) to advise and assist the council on all matters relating to Parts IV and V of the Ontario Heritage Act, 1934; and Whereas the Council of the Village of Port Burwell deems it advisable to establish such a committee and provide for the appointment of members thereto; THEREFORE the Council of the Corporation of the Village of Port Burwell enacts as follows: 1) A local advisory committee to be known as the Local Architectural Conservation Advisory Committee is hereby established. 2) The local advisory committee shall consist of a minimum of five members. Members shall be appointed by Council. • 3) The Council of the Corporation of the Village of Port Burwell may, by resolution, replace members as terms of membership expire, or appoint from time to time such new members as it deems desirable. 4) The terms of reference of the local advisory committee shall be as follows. a) To establish criteria for the evaluation of properties ofarchitectural and/or historical value or interest; b) To prepare and maintain a list of properties and areas worthy of conservation; c) To advise Council on means of conserving heritage properties and areas; d) To advise Council on current heritage conservation legistation and to assist Council in the preparation of municipal legislation to conserve heritage properties and areas; e) To implement programmes and activities to increase public awareness and knowledge of the heritage conservation issues; f) to advise and assist Council on all matters relating to PartslV and V of the Ontario Heritage Act, 1974; g) To advise and assist Council on any other matters relating to buildings and areas of architectural and/or historical significance; • h) To administer properties acquired ty the municipality under section 36 of the Ontario Heritage Act, 1974; i) To prepare, before the 1st day of March each year, a report of the previous year's activities, a report of the previous year's expenditures and a projected budget for the succeeding year; j) The local advisory committee shall meet as often as it deems necessary, but at least once each four months. 5) This by—law shall come into force and take effect on the date of its passing. READ A FIRST TIME . READ A SECOND TIME READ A THIRD TIME AND FINALLY PASSED AND CARRIED THIS ,2/ DAY OF /5?fil 1985. l, 440,„ ti 41104111111111r . CLERK • THE CORPORATION OF THE VILLAGE OF PORT BURWELL BY-LAW NO. 85-29 A BY-LAW TO DESIGNATE THE PROPFJiTY KNOWN MUNICIi.ALLY AS THE OLD VILLAGE LIGHTHOUSE AS BEING OF ARCHITTSCTUHAI. ,AS HISTORICALVALUE OR INTEREST. WHEREAS section 29 of the Ontario Heritage Act, 1974 authorizer the Council of a municipality to enact by-laws to designate realproperty, including all • buildings and structures),hereon, to be of architectural and hi oris value or interest; and • WHEREAS the Council of the Corporation of the Village of Fort, :' .rwcll ha, caused to be served on the owners of the lands and premises kno••n an t.hP Old Village Lighthouse and upon the Ontario Heritage Foundation. notice of intention to so designate the aforesaid real property and has c- v^•ec suet. notice of intention to be published in the samenewspaper hayinr-,•cncril circulation in the municipality once for each of three con:ecut.;••c weckr; ::nd • WHEREAS no notice of objection to the proposed desighatioh has !gen served on the clerk of the municipality; THEREFORE the Council of the Corporation of the Village of Fort. is-,-.11. rhantn as follows; 1), There is designated as being of architectural and/or histori, al value us interest the real property known as the Old Village Lighthourc. -,or( particularly described in schedule A hereto. 2) The municipal solicitor is hereby authorized to cause a cope f t.t:is by-law to be registered against the property described in Sche(sile Alhereto in the proper land registry office. 11 3) The Clerk is hereby authorized to cause a copy of this by-la- to be served on the owner of the aforesaid property and on the Ontario Heritpe Foundation and to cause notice of the passing ofthis by-law to be publishein the same newspaper having general circulation in the municipality once f: r each of throe consecutiveweeks. READ A FIRST TIME READ A SECOND TIME READ A THIRD TIME AND FINALLY PASSED AND CARRIED THI: : 19 5, RIVE .• / jo • - CLERK ;_ ,a . "l1� . x . ,�i,l� _,DEPUTY GOVERNOR (tanatla ELIZABETH THE SECOND, by the Grace of Gc,, ,of the United Kingdom, Canada and Her other Realms and Territories QUEEN, Head of ti. Commonwealth, Defender of the Faith. ---C FOR DEPUTY ATTORNEY GENERAL i - C 4 • _ 2 TO ALL TO WHO;; these Presents shall come, 411/P V WHEREAS the lands hereinafter described '::'e • vested in Us in right of Canada. • AND WHEREAS the said 1_.nds. a.'e not require. for public purposes and under and by virtue of the statutes in that behalf and pursuant to authority duly granted by Our Governor in Council, the said lands or the interest therein t;:::t is or may be vested in Us for the uses of Canada have, for valuable consideration, been dispose: of to TIE CORPORATION OF THE VILLAGE OF J20.:'T BV.W%'LL, in t:ie Province of Ontario, hereinafter called the grantee. NOW iu;o 1 Y3 that ',fie do by t:iese Presents grant, convey and assure unto the grantee and its successors ALL AND SIi:G .R that certain parcel or tract of land and premises situate on lot i+o. 14 on the west side of Robinson :it:•eet in the police v7Y illage of Port Burwell, in the Township of Bay:iam, in the East Riding of the County of Elgin, Unto rio, which may be more particularly described as follows: BrEGII+MNG at an iron bar driven in the ground at the solth east corner of the said lot l4; lAZNCE N. 34° W. , or following the south 11!) • boundary of the said lot 14, 3z feet, to a post; i j - 3 • - I THE'iICL N. 6° E. , or at right angle:= to the last described boundary, 33 feet, to post; - T:i :CE S. 84° E. , or at right ;1eto the last described boundary, 33 feet to an iron bolt planted in the wet side of Robinson. ,treet; Tii%:iCE follow'_.ng the west si4e of Yoinson • Street S. 6° W. , 33 feet, to the place of beginning, containing an area of four square rods; bearings herein being by the magnet of the year 1913. PROVIDED AL'.;AYS and these /resents rc iss zed upon and subject to the terms and conditions set forth in the Agreement entered into betwee: Us and the grantee dated February 23rd , 1965, a copy of which is attached hereto. TO iiAVL AND TO HOLD the said lands unto the grantee and its successors, forever; saving, excepting and reserving unto Us, Our weirs and .Juccessors, the free use, passage and enjoyment of, in, over and upon -ll navigable waters that now ^e or ray be ,iereafter found on or under or flowing through or upon any part of the said lands. GIVE under the Great Seal of Canada. 1161 .IIT:;SSS :OLO.iEL ADOLiI:i Gi;ORGx; Cali , i.;a, v. Deputy of Our =tight 'Trusty tnd ;ell—beloved counsellor, General GF.ORGES P. V:t: Iri, a member • .• • 1 T'HEUCr, i:. 6° E. , or at right aii,;les to the 0 last described boundary, 33 feet, to post. S. 34° E. , or at right en_;le.- to the 1 _st deseribed boundary, 33 feet to in iron bolt planted in the west side of Robinson .street; T'.IEi CE followf.ng the west 'side of binson Street S. 6° 51. , 33 feet, to the place of beginning, containing an area of Your square rod;; bearings herein being by the magnet of the year 1913. PROVIDZD AL'.:AYS and these iresents ,re issued upon and subject to the terms and conditions set forth in the ;agreement entered into between Us and the grantee dated February 23rd , 1965, a copy of which is attached hereto. TO {iaVG AIM TO :ILD the said lands unto the grantee and its successors, forever; saving, excepting and reserving unto Us, Our Heirs ane .successors, the free use, passage and enjoyment of, in, over and upon -lJ navigable waters that now ? e or nay be hereafter found on or under or flowing through or upon any part of the said lands. GIVEN under the Great Seal of Cana2a. iITi: SS: :OLO.i EL DJOLi1:L GEO3GL ,.D. , Deputy of Our night 'Trusty 'sod :ell-beloved counsellor, 5eneral GORGE:; P. a member do • r • THE UCr, V. 6° E. , or at right angle!: to the last described boundary, 33 feet, to .. post; - S. 84° E. , or at right an.jcs to the . last described boundary, 33 feet to an iron bolt • planted in the we.-t side of Robinson street; T?Ir. CE follow:.ng the west 'sine cf ;i eon Street S. 6° W. , 33 feet, to the place of beginning, containing an area of four square rods; bearings herein being by the magnet of the year 1913. PRO✓IDIS AL'.+'.IYS and these /resents •rc issued upon and subject to the terms and conditions set forth in t':e agreement entered into between Us and the grantee dated February 23rd , 1965, a copy of which is attached hereto. TO {AVE AIM TO :ILD the said lands unto the grantee and its successors, forever; saving, excepting and reserving unto Us, Our Heirs and Successors, the free use, passage and enjoyment of, in, over and upon nl] navigable waters that now are or may be ,lereafter found on or under or flowing through or upon any part of the said lands. GIVENunder the Great weal of Canada. IITi;:.SS: OLO;EL :.JULPI: GEOlIGy c.IE . i,; v. .:;. , .D. , Deputy of Our :tight Trusty r,.nd ':ell—beloved counsellor, General GEORGES P. V::. I_-a, a member 1 MN • - 4 - • 411/P 0 of Our Most Honourable Privy Council, Companion of Our Distinguished .service Order upon whom ':(e have conferred Cur ;.ilitary Cross and Our Canadian Forces' Decoration, Governor General and Comman;cr-in-Thief of Canada. AT OTTAWA, this fifteenth day of April in the year of Our Lord one thousand nine hundred and sixty-five and in the fourteenth year of Our :feign. BY COMMAND, / DE ;'TY REGIST R GENERAL FOR MINISTEif UP TRANSPORT OF CANADA THE CORPORATION OF THE VILLAGE OF PORT I'URcEL1 • DY—LAW NO. 85 — 30 Being a by—law to appoint a Clerk—Treasurer WHEREAS The Munilipal Act provides that the Council Shall appoint a Clerk and a Treasurer who shall perform the duties of the Clerk and Tr<.asurer or the Municipality under The Municipal Act and other Acts of Lei;i:lotion. NOW THEREFORE the Council)of the Corporation of the Village of 1,,rt Burwell l • enacts as follows: • • 1. That Elwood Varty be and is hereby appointed Clerk and Trea. ',rer rot- the Corporation of the.Vil}„age of Port, Burwell. 2. That Elwood Varty shall perform all the duties required to performed ty Clerks and Treasurers under any statutory authority ami ,tt rr duties that may be imposed by the Council. (4- 3. That Elwood Varty shall hold office during the pleasure an,' zi,,jet to the try—law:, of the Council, and shall be paid such remunerator 1 Council shall from time to time determine. 4.' That Elwood Varty is on a three month probation perio . f•t',r. :. ':flnday Sept. 23, 1985 at 9:00 a.m.. 5. That the salary of the Clerk and Treasurer shall be payment, :n full for all services required of him and all fees or emoluments of any kind accruing to him by virtue of any Act, Regulation or By—Law, shall be paid to the Corporation of the Village of Port Burwell and be credited to the general funds of the Corporation of the Village of Port. Burwell. 6. That all by—laws not consistent with this by—law be and are- hereby rrpealec. READ A FIRST AND A SECOND TIME THIS 1 DAY OF OCTOBER 1985. READ A THIRD TIME AND FINALLY PASSED THIS 16 DAY OF OCTOBER 198',. F 11: REEVE 11:: �� CLE'.K VILLAGE OF PORT BURWELL BY-LAW NO. 85-31 111111 A By-law to authorize the signing of a rent lease agreement with the Ministry of Government Services for office space. 4110 Whereas the Council of the Village of Port Burwell deems it advisable to sign a Rental Lease Agreement with the Ministry of Government Services (legal Branch) to renew the Lease on the Ontario Provincial Police Office. And whereas the Village Council concurs with the terns 'set out in the attached agreement. Be it therefore resolved that the Council of the Corporation of the Village of Port Burwell enacts as follows: 1. That the Type "3" Lease agreement be entered into by the Council of the Corporation of the Village of Port Burwell. 2. That the Reeve and Clerk be instructed to sign the Rental Lease Agreement with the Ministry of Government Services on behalf of the Village of Port Burwell. READ A FIRST AND SECOND TIME THIS 21ST DAY OF OCTOBER, 1985. READ A THIRD TIME AND FINALLY PASSED THIS 21ST DAY OF OCTOBER, 1985. ack myth Village of Port Burwell ," 4111114 i l � 5 6S VILLAGE OF PORT BURWELL BY-LAW NUMBER 85-37 A by-law to authorize the signing of a rent lease agreement with the Ministry of Government Services for office space. WHEREAS the Council of the Village of Port Burwell deems it advisable to sign a rental lease Agreement with the Ministry of Government Services • (Legal Branch) to renew the Lease on the Ontario Provincial Police Office. AND WHEREAS the Village Council concurs with the terms set out in the attached agreement; BE it therefore resolved that the Council of the Corporation of the Village of Port Burwell enacts as follows: 1. That the Reeve and Clerk be instructed to sign the rental lease agreement with the Ministry of Govern int Services on behalf of the Village of Port Burwell. READ A FIRST TIME, READ A SECOND TIME READ A THIRD TIME AND FINALLY PASSED THIS 16TH DAY OF DECEMBER , 1985. . .:. Vaxly Ron Brafield Clerk Reeve Village of Port Burwell 411 III 111111. 19$� • 211 � THIS LEASE made in triplicate this � day of � • IN PURSUANCE of The Short Forms of Leases Act . • BETWEEN: The Corporation of the Village of Port Burwell HEREINAFTER called the Municipality OF THE FIRST PART AND: Her Majesty The Queen HEREINAFTER called the Qt,een OF THE SECOND PART In this Lease unless the context indicates otherwise "Maintenance Percentage Ratio" (M.P.R. shall mean the ratio that the area of the building occupied by the Queen bears to the total area of the building located on the lands herein . WHEREAS the Municipality has leased certain lands and premises in the county of Elgin , in the County of Elgin , more particularly described in Schedule "A" hereto , for a term of years expiring on the 1 day of NovEmber 1987 AND WHEREAS the Municipality deems it expedient to sub- lease all or pat of such building to the Q en upon the • tern<< ,and conditions liere.inafter set forth ; NOW THE44041i10 fH1LEASE WITNESSETH that in consideration of the •.vvi ndnt= .,>0 ; i,preenent< hereinafter reserved and contained 110 `` here.j.i. 3n the part ,.f the Q the MuniL_ipal ity doth demise and lease unt:: the '::aunty board, its successors and assigns all tho'e . . . . 2 w • -2- certain premises hereinafter called the "Leased Premises" which consist of approximately square feet and which are more particularly shown in Schedule "B" attached hereto and forming part of this Lease , together with the right of ingress • and egress and passage in, over and upon that portion of the said lands and premises described in Schedule "A" required by the County Board for the full use and enjoyment of the "Lease Premises"; TO HAVE AND TO HOLD the said demised premises for and during the term of Two Years to be computed from the first day of November 1985 and from thenceforth ensuing and to be fully completed and ended on the 31st day of October 1985 YIELDING AND PAYING THEREFOR Yearly during the said term thereof to the Municipality the Maintenance Percentage Ratio of all the Municipality' s cost of operating and maintaining the leased premises during the said term and in particular but not so as to limit the generality of the foregoing, shall include : - a) the cost of all fuel , oil , gas , electricity and water supplied to the building. b) the total of salaries , wages and other payments made by the Municipality for the operation and maintenance of the building. c) the cost of premiums paid by the Municipality for • insurance (both fire and liability or the building and its operation. d) Rental '0v the Municipality under the 1110 terms of the Head 1_e.+,(- . el the cost of all cleaning and maintenance supplies . 3 . S • -3- 11111 The first payment on account of (d) herein shall be paid upon the execution of this Agreement and thereafter shall be paid upon the first day of each and every month thereafter during the • said term. The payments to the Municipality on account of (a) (b) , (c) and (e) herein shall be paid on the first (1st) day of the month immediately following the receipt by the Queen of an itemized statement of the cost for the period of time for which payment is due . The Queen covenants and agrees with the Municipality as follows : - a) to pay the cost referred to above . b) to use the leased premises in a tenant like manner and to leave the leased premises in a clean and tidy condition. c) not to permit anything to be done on the leased premises which may be deemed to be a nuisance or by which the insurance on the building will be increased. d) not to use the leased premises except as a Police Station e) not to allow any refuse , garbage or other loose material to accummulate in or about the building including the leased premises and on the grounds surrounding the leased premises . f) to give to the Municipality immediate written Notice of any accident or defect in the water pipes , gas pipes or heating and electrical apparatus within the leased premises . • g . not to assign or sublet the premises except with the consent Df the Municipality which consent shall not unreasonably of withheld . 4 • -4- 11110 THE Municipality covenants and agreeswith the Queen as follows : : a) to provide sufficient heating of the leased premises to maintain a reasonable temperature therein at all times • during regular and usual Library and business hours . b) to supply hot and cold water to the washrooms and sinks in the leased premises . c) to provide and maintain adequate toilet facilities as required by The Industrial Safety Act of Ontario and/or any other legislation passed for the purpse . d) to supply the leased premises with electric power . e) to remove snow and ice from the sidewalks and driveways adjacent to and leading to the building and to reasonably maintain the grounds around the building. f) to promptly repair and keep the leased premises in good repair. g) to supply janitorial service to the leased premises acid to cause the floors and windows both interior and exterior to be kept clean and the desks , tables and other facilities of the County Board to be dusted and cleaned, waste baskets emptied and to keep the washrooms in proper repair and condition and to furnish washroom supplies . h) to provide air conditioning within the leased premises and to maintain a temperature suitable for the comfortable • Jccupancy by the Queen its employees and invittes . PROVIDED that if during the term herein the premise' ;hall 1110 be destroyed or damaged by fire or the element the foil . - provisions nl provisions shall applyz- 5 • • -s- 1110 a) If the 'premises shall be so badly injured as to be unfit for occupancy and as to be incapable of being repaired with reasonable diligence within One Hundred • and Twenty (120) days of the happening of such injury then the term hereby granted shall cease , and be at an end to all intents and purposes , from the date of such damage or destruction and the Lessee shall immediately surrender the same and yield up possession of the demised premises to the Lessor and the rent to the time of such surrender shall be apportioned. b) If the demised premises shall be capable , with reasonable diligence , of being repaired and rendered fit for occupancy within One Hundred and Twenty (120) days from the happening of such injury as aforesaid, but if the damage is such as to render the demised premises wholly unfit for occupancy, then the rent reserved shall not run or accrue after such injury , or while the process of repair is going on, and the Lessor shall repair the same with all reasonable speed and the rent shall recommence immediately after such repairs shall be completed. c) If the demised premises shall be repaired within One Hundred and Twenty (120) days as aforesaid and if the damage is such that the said pre:ri�es are capable of being partially • ised, then until such damage has been repaired, the rent ;hal] abate in the proportion that the part of the ie',ui sed .remises rendered unci1 for occupancy hears to the .ib 1e 11/0 i the demised prem 'f t . • • -6- 1110 PROVIDED FURTHER and it is hereby agreed that should the Lessee hold over after the expiration of this Lease and the Lessor accept rent for the said premises , the Lessee shall hold the said premises as a monthly tenant only of the Lessor, but subject in all other respects to the terms and conditions 'of this Lease . THIS LEASE shall enure to the benefit of and be binding upon the successors and assigns of the Parties hereto. IN WITNESS WHEREOF the said parties hereto have hereunto affixed their Corporate Seal , attested to by the hands of their proper signing officers . The Corporation of the of the Village of Port Burwell eve ' /I;;244 .006001111=0 er For Her Majesty the Queen Ministry of Government Service Province of Ontario 111 i' p . Pero He 00.-72 _._ v wl ora • fe: BY-LAW No.. .:-.4,3 a3p=ratu to authorize the borrowing of $50,000.00 al Whereas the Council of the village of Port Burwell (hereinafter called the "Municipality") deems it necessary to borrow the sum of $ 50,000.00 to meet, until th^_ taxes are collected, the current /� expenditures of the Municipality for the year; ` .OTR.—Refer And Whereas the total amount of the estimated revenues of the to the estimate, r°rte, rorrrnt Municipality as set forth in the estimates adopted for the year 19 85 , is y,..a worn..; Pa Y P ,r not.to tlwse of Isat pear. $352,370.00 (Delete tela And Whereas the total of amounts heretofore borrowed for the purses paragraph f got '9°1"b/L) mentioned in subsection (1) of Section 332 of The Municipal Act which have not been repaid is.$ rui Therefore the Council of the village of Port Burvell hereby enacts as follows: 1. The Head and the Treasurer are hereby authorized on behalf of the Municipality to borrow from time to time by way of promissory note from CANADIAN IMPERIAL BANK of COHMEacE a sum or sums not exceeding in the aggregate $ 50,000.00 to meet until the taxes are collected the current expenditures of the Municipality for the year,including the amounts required for the purposes mentioned in subsection (1) of Section 332 of the Municipal Act, and to give on behalf of the Municipality to the Bank a promissory note or notes sealed with the Corporate Seal and signed by the Head and Treasurer for the moneys so borrowed, with interest at such rate as may be agreed upon from time to time with the Bank. 2. All sums borrowed pursuant to the authority of this by-law,as well as all other sums borrowed in this year and in previous years from the said Bank for any or all of the purposes mentioned in the said Section 332, shall, with interest thereon, be a charge upon the whole of the revenues of the Municipality for the current year and for all preceding years as and when such revenues are received. 3. The Treasurer is hereby authorized and dir^cted to apply in payment of all sums borrowed as aforesaid, together with interest thereon, all of the moneys hereafter collected or received either on account or realized in respect of taxes levied for the current year and preceding years or from any other source which may lawfully be applied for such purpose. Passed this 16th day of De::ember 19 85 ..I L>�sa... ... / ..... �� THE H OF THE MUNICIPALITY { MEAL } CLERK all I hereby certify that the foregoing is a true copy of By-law No. 85-33 of the Village of Port Btn:v.e11 in the Province of Ontario, duly passed at a meeting of the Council of the said Municipality duly held, and that the said By-law is in full force and effect. IPDated This /6 day of ,. -ems 19 es • As Witness the Seal of / 67[21::- ` .-- ar V cr 4 .,`, "z-_` nn , . , L4,. the �, of '`� / V . ,., ., . �.f ,..‘- ,:f......::„EL--------------„srAr. (l ,! •�r.. ! CLERK JJ ! t� - t