HomeMy WebLinkAboutPort Burwell By-Laws 198510
Port Burwell
Byr--, Laws
By -Laws
#84-01 --85—I
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
of the Ontario Home Renewal
46 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.
•
•
a
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is hereby repealed.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
1985.
Seal of the Municipal
Corporation
14th
day of January, 1985
ck Smyth Reeve
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
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
10 to provide for the establishment, operation, and maintenance
of Community Centres pursuant to the Community Centres Act
and Regulations made there —under.
OTHE VILLAGE OF PORT BURWELL ENACTS AS FOLLOWS:
1) 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, �al�-e>€-whom shall be residents of the Municipality
-end 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
Me.wr e-r
Tom Millard
— Ghairman
Hugh Brooks
— Treasurer Me, be r
Cathy Kozakievicz
— Secretary Me, -
Ruth Jackson
— Member
Ed Epple
— Member
Valerie Donnell
— Member
David McCord
— Member
Michelle McCord
— Member
Anna Brooks
— Member
Gord Crocker
— Member
Gord Loucks
— h¢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
day of - , 1985.
L7
0 �-' L fm " (-,,j
Kathie MacLeod
Clerk —Treasurer
Jack Smyth
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
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
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- of her --meet i.ngs under
twe hears
$58.00 per day for conferences attended, including those eet
out of municipality.
b. Council $48.00 per regular or special meeting proclaimed by the
Reeve,-plus_$}5;p0 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 CHIP — 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 Memters of Council:
40 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 tenefits are effective 1 January, 1985.
READ A FIRST, SECOND, AND THIRD TIME AND FINALLY PASSED THIS II DAY OF
✓ L 1985.
aL_ L
Kathie MacLeod
Clerk —Treasurer
Jack Smyth
Reeve
Village of Port Burwell
THE CORPORATION OF
THE VILLAGE OF PORT BURWELL
BY—LAW NO. 85-4
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--drai:n layiwg-crew 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
. 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 certificata 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.
1
Kathie Macleod
Clerk -Treasurer
Jack Smyth
;'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
Corporation to enter into and execute
instructed
on behalf
of the
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
llth February, Ord,
ENACTED
and passed this day of
Clerk
Re e
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
41 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
J CK SMYTH, REEVE
VILLAGE OF PORT BURWELL
0
THE CORPORATION OF THE VILLAGE OF PORT BURWELL
BY-LAW NO. 85 - 7
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 fron 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;
kND 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 _ront of
a property and also the lateral sewer line from main sewer to street limit.
3. 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.
isper 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-latv is subject to the approval of the Onrarmc) '•tunicipal
I %
is
I•
2 -
5
READ A FIRST AND SECOND TIME on .he 29thday of April A.D. 1985
READ A THIRD TIME AND FINALLY PASSED_on the 29th day of AprijA.D. 1985
•
r
STREET
Elizabeth Street
Victoria Street
Milton Street
Shakespeare Street
St�achan Street k
Erieus Street
Robinson Street
Erieus Street
Union Street
Newton Street
Waterloo Street
Wellington Street
Wellington Street
Pitt Street
Pitt Street
Brock Street
Chatham Street
( County Road # 39)
Addison Street
Southey Street
Wellington Street
Along lake bank
THE CORPORATION OF THE VILLAGE OF PORT BURWELL
SCHEDULE "A" TO BY-LAW NO. 85 - 7
FROM
William Street
Erieus Street
Approx. 100' South
of Newton Street
Erieus Street
Erieus Street
Union Street
Union Street
Victoria Street
Bridge Street
Shakespeare Street
Robinson Street
Robinson Street
Approx. 125 'East of
Erieus Street
Approx. 125' East of
Robinson Street
Approx. 150' East of
Erieus Street
Robinson Street
Approx 250' North
Homer Street
Homer Street
Addison Street
Addison Street
George Street
00F
Approx. 850' South of
Wellington Street
Pitt Street
Waterloo Street
Approx. 220 South _)f
Waterloo Street
Approx 150' South of
Brock Street
Approx. 200' South of
Brock Street
Approx 200' South of
Brock Street
Union Street
Robinson Street
Milton Street
Milton Street
Erieus Street
Approx. 400' East of
Elizabeth Street
Erieus
Approx. 100' East of
Victoria Street
Strachan Street
Treatment Plant
Approx 2200' South of
Wellington Street
Wellington Street
100' East of Addison
Street
Chatham Street
( County Road # 39)
360 West of George
THE CORPORATION OF THE VILLAGE OF FORT BURWEL_
BY-LAW NO. 85 - 8
BEING A� BY -TAW TO RESCIND BY-LAW 381ANt) 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 oI sewage service to the Village commencing _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 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 from 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 paragraphs 2, 3 and 4 shall be
billed and collected as part of the charge for water service to
each user.
THE CORPORATION OF THE VILLAGE OF PORT BURWELL
READ A FIRST AND SECOND TIME on the 29th day of April A.D. 1985.
READ A THIRD TINE AND FINALLY PASSED on the 29th day of April A.D. 1985.
� �t i-
Ree
Cl k
u
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
Employee benefits
Transportation and Coounication
Service and rentals
Supplies and equipsent
Municipal taxes
M.O.E. Surcharge - 202 of $46,600
Reserve for maintenance and upkeep
2% of $224,952 capital cost
$18,000
2,500
1,000
11,000
13,100
1,000
46,600
9,320
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. 100X
Sewage service rate - 18.65/mo. 110%
$35.65/mo.
�il
THE CORPORATION OF THE VILLACE OF PORT BURWELL
BY-LAW NO. 85 - 9
A BY-LAW TO AUTHORIZE THE E}4)CUTION
to
OF AN AGREEMENT 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
ENVI RONMENR' .
r -I
LJ
WHEREAS it is considered desirable to terminate Pertain 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
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 care 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 _
>E
i
By- law read a FIRST and .=i4D time
this 29th day of April, 1985 A.D.
By-law read a THIRD time this 29th day of Apr:1. 1985 a.%.
-0
THE CORPORATION OF THE VILLAGE OF PORT BURWELL
BY-LAW NO. 85 - 10
1040
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 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.
•
I�
r-
,*0
- 2 -
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 cane into force and take
effect upon receiving approval of the Ontario
Municipal Board.
READ a FIRST and SECOND time this 29th day of April, 1985.
READ a THIRD time and FINALLY PASSED this 29th day of April 1985.
Z�' �It
is ;rve
i
Sao
Cle k
0
s
THE CORPORATION OF THE
VILLAGE OF PORT BURWELL
BY-LAW NO. �; = r /
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 1,5 DAY OF ( <<L 1985.
Fin
;PING CLE K, Cathy Kozakievicz
is
I$
THE CORPORATION OF THE
VILLAGE OF PORT BURWELL
BY-LAW NO. P
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 WEHREAS 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 number 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 tl- DAY OF 1985.
40 JE, Jac' h
ACTING CLERK, Cathy Kozakievicz
THE CORPORATION OF THE VILLAGE OF PORT BURWELL
BY-LAW NO. Q S / �
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 comnencing in 1985;
WHEREAS 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 Lo establish
a reserve for sewage maintenance and upkeep;
AND WHEREAS it is deemed expedient and in the public interest to enact
a by-law inposing 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
ENACTS 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 from 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
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 /s r DAY OF 1985.
L
ve, Jack h
A$ Clerk, Cathy Kozakievicz
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 benefits 2,500
Transportation and Communication 1,000
Service acid rentals 11,000
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 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. 1001
Sewage service rate - 18.65/mo. 110%
Total S35.65/mo.
4
THE CORPORATION OF THE VILLAGE OF PORT BURWELL
BY-LAW NO. 8 - / j`
A BY -LAP? TO AUTHORIZE THE EXECUTION OF AN AGREEMENT 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.
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
SchedLOZ "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 come into force and take effect upon
receiving the approval of the Ontario Municpal Board.
PAS, D IN OPEN COUNCIL THIS /S � DAY OF 1985.A.D.
REEVE ACTING Clerk
BY-L.AW READ A FIRST TIME THIS (rj DAY OF 1985, A.D.
BY-IAW READ A SECOND TIME THIS 15 DAY OF 1985. A.D.
BY-LAW READ A THIRD TIME THIS 'j r� DAY OF 1985. A.D.
TlE CORPORATION OF THE VILLAGE OF PORT BURWELL
BY-LAW NO.,
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 came 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 THISDAY OF 1985.
?LVE, Jack
ING CLERK, Cathy Kozakievicz
VILLAGE OF PORT BUI3MELL
BY-LAW NO. g �_- i41
f
Being a by-law to rescind a by-law
appointing a Clerk -Treasurer.
WHEREAS the Council of the Corporation of the Village of Port Burwell
deems it expedient to rescind a previous Clerk-Treapurer 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 fZ DAY OF
1985.
I
Jack Smyth
ACTING CLERK, Cathy Kozakievicz
9
1.
L]
MUM C'F F' aRUL
BY--LaW [D. / /
A by-law with respect Lo the calculations
of 1985 taxes and collection of same.
THAT the Council of the Village of Port Burwell enacts a, follows:
THAT the 1985 mill rates be established as follows:
Village
County
Schools - Elementary
- Separate
- Secondary
PUBLIC
Residential Commercial
102.027 120.032
24.076 28.324
67.225 79.088
51.104 60.122
TOTAL 244.432 287.566
SEPARATE
Residential Ccmmercial
102.027 120.032
24.076 28.324
65.110 76.600
51.104 60.122
242.317 285.078
3�
THAT the installment due dates be August, .'October,, and November. ;? 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 supersedes 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 �5 �L` DAY OF1985.
•
very , Jack Lh
d�C• d ar./C�CG�Z �
ACTING Clerk, Cathy Kozakievicz.
CORPORATION OF THE
VILLAGE OF PORT BURWELL
BY-LAW
A By-law to prchibit parking on certain roads
in the Village of Port Burwell.
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
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
S. 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 $ 10 ""and not more than
Voluntary Payment of Parking Penalties:
6. Notwithstanding all other provisions of this
By-law in respect to penalties for violation of
the provisions 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 /f day of 19
READ A THIRD TIME AND FINALLY PASSED THIS r, day of 19
Reeve
Acting Cleric -Treasurer
•
7
lb
•
7
Jlinr,LULG H LO nr-LHW
COIUMN 1 COLUMN 2 COLUMN 3
Street Side or Sides From To
Addison Westside Wellington Street Homer Street
Enforced by Iroquois Provincial Park Wardens:
David Orton
Frank Reiser
David Stephens
Lyle Willard
COLUMN 4
Period
Anytime
1.
THE CORPORATION OF THE VILLAGE OF PORT BURWELL
BY-LAW NUMBER 85-19
Beinga by-law to appoint a -law Enforcement
Y By
Officer, and Dog Licensing Officer for the
Village of Port Burwell.
• THE COUNCIL OF THE Q.RFCF4QIGN 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.
READ A FIRST TIME
to READ A SECOND TIME
READ A THIRD TIME AND FINALLY PASSED AND CARRIED THIS 24th DAY O: July, 1985. A.D.
I
Acting Clerk
Cathy Kcz ki:vicz
Reeve
Jack Smyth
THE CORPORATION OF THE VILLAGE OF PORT BURWELL
BY-LAW NO. 85-20.
BEING a by-law to appoint a weed inspector.
40 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 V7eed 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.
.ZS
Clerk 7
Cathy Y.ozakiev?.cz
•
Reeve
Jack Smyth
1.
•
'FIE CORPORATION OF THE
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.
Reeve
Jack Smyth
alr,.ec,z
Acting Clerk
Cathy Kozakievicz
THE CORPORATION OF
THE VILLAGE OF PORT BURWELL
BY-LAW NO. 85-22
(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 --haw 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
Fast 3 t]e
North cornor
South cornor
West side
of
Anytime
of Sewage -
Treatment Plarz
Plant
READ A FIRST TIME
READ A SECOND TIME
READ A THIRD TIME AND FINALLY PASSED AND CARRIED THIS 9TH DAY OF SEPTEME^, 1985.
L
F1. E
• Jack 3rryth
Village of Port Burwell
40 ACTING CLERK
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
0 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 THIRD TIME AND FINALLY PASSED AND CARRIED THIS 9TH DAY OF SEMIMER, 1985.
Jack Smyth
Village of Port Burwell
ACTING CLERK
Cathy Kozakievicz
0
0
r
THE CORPORATION OF THE VILLAGE OF PORT BURWELL
BY-LAW NO. 85-24
YAMEAS 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 iunue::.,tely.
WHEREAS uy-law 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
• WHEhEAS by-law z::unber 85-14 is to be replaced by by-law number 85-26
Now Thrreforr ti.- Counci.1 of the Village of Port Burwell enacts as follows;
That by-lay.,; nuz:,uer 85-7 and 85-15 and 85-14 are to be repealed effective
� a
when by -Laws nW:.Ler 85 25 and 85-26 and 85-27 are proclaimed.
READ A i' 1 it" r TI :. .
READ A :,flMIU 'I -....
READ A 'viii:cD 'fl+... AND FINALLY PASSED AfID CARRIED THIS DAY OF ,.�1985.
E
0
,rHE coRPORA'rION OF Tiff:
VI1.1.A(2, OF 1x1121' BURWELL
1iY-1.AW N). 85-26.
A BY -1AW to authorize the execution of an
• agreement between the corporation of the
Village of Port Burwell and her Majesty Lix-
Queen in Right of Ontario as represented by
the Minister of the Environment.
wilF:i<1.:,:, t is considered desirable to terminate the agreement, dated
rlr.: 28th day of August, 1980, between the ministry of the Environment and the
thrive. IIk3I nty, which is related to sewage works provided under program number
1-033! of tux• '•l,nistry of ttx: Environment and to enter a new agreemmmt, and
WHLREJ; nix• Village of Port Burwell wishes to own the sewayu- works anti
tlx, MinliStOf 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
Wi♦EREAS tlx: Village of Port Burwell proposes to finance the capital
debt by a Minjstry of Envirorment Loan of $224,952.00, less any conututation;
as detailed in Scixndule "A": and
WHEREAS tw Vi]rlage proposed to raise monies to fund the revenue
requirevents f,+r the capital debt according to the detailed plan attached
as Schedule "B" .
NOW 'I11EREFURE 'DIE COUNCIL OF' THE CORPORATION OF 'DE VILLAG' OF' PORT'
BUIiJELL ENACT-, AS FOLLOWS:
1. niAT t.lx: koeve and Clerk be and they are hereby authorized and directed tt.
uxo+:ut,• <61 .tgic-! e1)t in the form attached as Schedule "C" hereto, which sehedu
is u • :e aM forms part of this by-law, between the Corporot ion; of tt,
v.IIags of ihu: Bucwe.11, and Her Majesty the Queen in night of Ontario as
r,cgr.•.wntW by +:he Minister of the Environment.
9'11Is by -I ... i shall curve into force and take effect upon rce iviny the
t
Ippr<rval of tlr Ontario Municipal Board.
•
•
r]
�7
-a-
PASSED IN OPEN COUNCIL THIS
DAY OF ' t 1985.
By-law read a first and second time this 7— /— day of , 1985.
By-law read a third time this Z_( day of Q�, 1985.
1.
1
SCHEDULE "A" Ta BY-LAW NO. 85- 26
OF AHE 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% 224,952.00
Total Municiaxl Debt 224,952.00
Clerk -Treasurer Date
SCHEDULE "B" TO BY-LAW 85-26 OF T11E
CORPORATION OF THE VILLAGE OF PORT BURWELL
Statement of estimated revenues and expenditures
° 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 Hemes)
- Annual Service Rate (by-law #85-13):
(# of users 270 and rate, $223.77)
_ 00419.00
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 S 387.17
BY-LAW COMPARISION
ORIGINAL
BY-LAW
Rate ( Flat Flvitay )
141.18
312 (1978 )
Servic._ Rate
NIL
Frontage (Ftotap Rmc)
18.00
313 (1978)
Connection
15.00
314 (1978)
THC:
$174.18
C
'Cr..-Treasurer
Date
REVISED !I LAW NO.
163.40 '"-25
223. 7' ;
W L
NIL
$387.17
. f f. f f. f f t} t f f f f f f f f f f } t t f t f f f f f. f f f f f f 1 f f f f t t f }Aft }• f f}}} t t} t}} f }}} t f t t f R f}}}, f f t f f f.♦. f f f f f f f... .. f f f f f f
41NT6T64• i1F T0-G
LNV101NMENT
PHUGRAM NAMt:P(Ikt
HUHaEL1,
SEMAGE AUHAS
1-u337-00-00 PkOGkAM
NU.:
1_1)AN AMUUNT:
AMORTIZATION
S 224952.00
PERIOD:
ISSUE DATE: JUNE 1
5 rkS_. TOTAL NUMBER OF PAYMINTSt
1985
20
M O"FEITIMES A YEAR
COUNOED 2 AMORTT�IATIOQN FACTaRSCC
PERIODIC PAYMENT: S
0699847325
15743.20
PAYABLE
EVERY 3 MONT%g
ANNUAL PAYMENT:
S 62972.80
PAYMENT
NUMBER
INTEREST
PAYMENT
PRINCIPAL
PAYMENT
PRINCIPAL CUM
OUTSTANDING
INTEREST CUM
PAYMENT
PRINCIPAL
PAYMENT
1
7740.16
9n03.ntu
7740.16
8003.04
- -
7179;95
_
PSo3.25
2216994488.�.96
oft --- -
200107;30
4.90
4 4 .70
4
5
b8b5.31
b580.52
6857.89
91o2.6d
1911249.4
182086.73
z 227
337022.59
6
7
b265.25
5939.14
9477.95
9804.06
172608.78
35650.3
421 5.98
4 865.27
5 34.20
162804:72
480 5.12
6 14 .2
8
9
5601.80
5252.85
10141.40
10490.35
152663.321
142172.97
5056.92
5 909.77
72288.68
82779.03
_t6
12
- -- 11 .55 - - tve51--30 -
41322.31 11blu.89
i '00
10d486.11
aa 3220;ZZ0
1245"
10485S- -1
14
3313l4.55
12423:65
84052.06
51
0:.16
116465.900
9
15
16
2892�07:
2449 89
12851.13
13293.31
71200.93
579077
79
82 96.93
1Y0899;94
151751.07
17
1990.g9
13750.71
62
44156 9
84 4 .82
8 3
16 044.38
18079 09
'
--tq -
1
-iST �+3
1029.94
--- t66223-.84
14713.26
-29
1521 .81
14151.61
2097 2.19
20
523.68
152.19.A1
0.0
8912.29
2249 2.00
ttt FINAL PAYMENT IS,
15743.uq t}t
x
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 will be readjusted to reflect amounts as of effective date of transfer. _
:.::counts Will u; _:;3ue:. annually -;y ..::e i.rown for .I:e asounts due hereunder. ::e accounts
maxe pi i=ion for the sate of payment an;.' interest in arrears
0
1.
SCHEDULE' TO BY-LAW No.
OF THE CORPORATION OF
' THE VILLAGE OF PORT BURWELL.
THIS AGREEMENT wade in four copies this day of
19 .
B E T W E E N:
HER MAJESTY THE QUEEN IN RIGHT OF
ONTARIO AS REPRESENTED BY THE
1 MINISTER OF THE ENVIRONMENT
(herein called the "Crown'
OF THE FIRST PART
--and--
1
THE CORPORATION OF THE VILLAGE OF PORT BURWELL
(herein called the "Municipality")
OF THE SECOND PART
WHEREAS the Ministry of the Environment and the
Municipality entered into an agreement dated the 28th
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
......2/
Page 7
WHEREAS the Previous Agreement provides that the
Works will be operated by the Crown; and
' WHEREAS the parties wish the Works to be
directly owned and operated by the Municipality; and
' WHEREAS the Municipality has passed a By-law
Y P Y
1 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:
r
1. The Previous Agreement is amended to prescribe
that it shall remain in force until the
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/
1 Page 8
r�
iy
11
it
it
li
is
� I
all
3. (1) The Works, including all real estate and
personal property acquired by the Crown for
the sole purpose of the Works, are hereby
conveyed and transferred to the Municipality
which shall insure, operate, maintain and
repair the Works or arrange therefore
hereafter.
(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.
(3) The Crown will provide to the Municipality
at its expense such further conveyances of
personal and real property including
easements and licences as the Municipality,
from time to time, requests and counsel for
the Crown advises for purposes of perfecting
any conveyance and for registration
purposes.
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/
Page 9
D
-4-
(I) all claims for property damage or injuries,
inctuding injuries resulting in death, to
any property or person or persons and any
consequential damages arising from such
damage or injuries whether damage or
injuries be caused by or attributable to the
negligence of the Crown or its officers,
agents, servants or employees or otherwise;
1
(2) all claims, actions and awards under The
Workmen's Compensation Act or similar Acts;
and
(3) all demands, liability, loss, costs,
damages, expenses, compensation, awards or
payments of every kind or nature whatsoever,
and all actions, suits or proceedings of
every kind or nature whatsoever, by
whomsoever incurred, sustained, suffered,
made, paid, brought or taken; and
' in any manner connected with, caused by or attributable
to the entry into 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
1-3
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
the Crown from another person. .
• 5/
LPage 10
1
rl
it
I
y
-5-
5. Such inventory or listing of the moveable
property, including petty cash, shall be 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".
(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
such part of Schedule "A" or add a new
schedule to reflect the final costs or
correction.
7. (1) Subject to approval by the Ontario Municipal
Board, this agreement comes into effect as
of the day of ,
19
..........6/
Page 11
r�
L
(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
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.
(3) 'Notwithstanding subsections 1 and 2, the
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
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 sane type as the
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
thereunder and any substitutions therefor.
......71
Page 12
•
9. This agreement and the covenants, provisos and
` conditions herein shall enure to the benefit of
and be binding upon the respective successors
and assigns of each of the parties hereto.
I
ti
1
1
1�
1
IN WIT-NESS WHEREOF the Crown and the
Municipality have caused this agreement to be executed
by the affixing of their proper seals attested by the
signatures of the proper persons duly authorized in that
behalf.
HER MAJESTY THE QUEEN IN RIGHT OF
ONTARIO AS REPRESENTED BY THE
MINISTER OF THE ENVIRONMENT
Minister
THE CORPORATION OF THE VILLAGE OF
PORT BURWELL
Per: C/S
Reeve
Clerk
Page 13
v
71E CORPORATION OF THE VILLA(£ OF PORT !iIIFtJI.fd.
BY-LAW NO. 85-27
A by-law authorizing the Corporation of the village
of Port Burwell to enter into an Agreement with Her
Majesty the Queen in the Right of Ontario as
represented by the Minister of the Envirotmr_nt.
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 WFfr;Ri•:AS the Corporation of the Village of Port Burur.11 wishes to
enter into an agreement with the Crown providing for the, operation, stW-rvision,
control, maintenance,'repair, administration and insuring by the Crown nf
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 .(}Wjjle "B" of
by-law number 85-25.
The Corporation of the Village of Port Burwell by its Municipal coiux-il,
enacts as a by-law of the Corporation as fol.',ows;
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
Fier 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 Axerutc the-, said
agreement, a copy of which is attached hereto, as schedule "A" aryl
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 T11IRD TIME AND FINALLY PASSED AND CARRIED MIS DAY OF 1985.
keve
Clerk
MOE File No: 1-0337
OMB File No:
SCHEDULE "A" TO BY-LAW NO. .S / OF THE CORPORATIONi
OF THE VILLAGE OF PORT BURWEI.L
THIS AGREEMENT made in triplicate this day of
A.D., 19
B E T W E E N:
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 "'r'orks");
-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 ;_n
consideration of the covenants, conditions and payments
hereinafter set forth the parties agree as follows:
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 indemn_f'
and save harmless the Crown from and aglainst all
claims includi ng't
...... 3/
-3-
(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
injuries 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-
3. (1) The Municipality agrees to pay the Treasurer
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.
i 4. (1) The Municipality shall pay to the Treasurer
i
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
-S-
(3)
In each year the Crown shall deliver to the
Municipality a statement showing how the
changes hereinbefore referred to are made
I
UP.
(4)
The accounts kept and the precepts o_-
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.
i
S. (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
I
reserve accounts and expend, use, apply,
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.
.........h/
-6-
When any such funds or any ?ortions tlereo�`
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
1 of sewage treated or collected from the
Municipality in cases of emergency or
i 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 be
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/
-7-
9. (1) The Crown's obligation Lo uPGL---
shall continue until terminated in
accordance herewith or by subsequent
agreement between the parties hereto.
1 i
(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 suc,
or sums in relation to the operation,
supervision, control, maintenance, repair.,
administration and insurance of the transferred
works ascertained by the Crown on a final
adjustment,
i -8-
to be owing to the Crown, upon receipt of
payment of which, all obligations of the
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
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
j affixing the Minister's signature to such
additional parts of Schedule
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 forks may
be terminated as provided in Section 9, 10 and
11 with respect to the Works described in any
I 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
i
agrees, subject to the Successors Rights (Cost
Transfers) Act, to offer to employ all those
persons engaged as full time Crown employees in
the operation, supervision, control and
maintenance of the transferred Works under such
jterms
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
I
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
I
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 sha11
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.
•
.........IN
Pace ?7
46
-10-
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
Reeve
Clerk
HER MAJESTY THE QUEEN IN RIGHT OF
ONTARIO AS REPRESENTED BY THE
MINISTER OF THE ENVIRONMENT
Minister
n
U
C/S
•
-11-
Schedule "A" to an Agreement between the Minister of the
Environment and the Corporation of the Village of Port
Burwell.
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
• VALUE For Insurance purposes: $
THE CORPORATION OF THE VILLAGE OF MRT BUiiWF,Li
BY-LAW NO. 85-28
A BY-LAW TO ESTABLISH A LOCAL ARCHITECTUitAL
CONSERVATION ADVISORY COMMITTEE AND PROVIDE
FOR THE APPOINTMENT OF MEMBERS THERETO.
Whereas section .^8 of the Ontario Heritage Act, Y174 provider that the council
of a municipality may, by by-law, establish a local advisory committee to be
,mown 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
SWhereas the Council of the Village of Port Burnell deems it advi:'ablr t•n
�,stablish ;uch a committee and provide for the appointment of•m,vnhcr:- t.hr•reto;
THEREFORE the Council of the Corporation of the Village of Port 3urr:e1l
enacts as follows:
1) A local advisory committee to be known as the Local Architectural Conservation
Advisory Committee is hereby established.
1) 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 aprw)int 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 ofarchitecturnl
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 area:s;
d) To advise Council on current heritage conservation legislation and t.n
assist Council in the preparation of municipal legislation to ronsf%rvr
heritage properties and areas;
e) To implement programmes and activities to increase public awaren:.r -,rw
knowledge of the heritage conservation issues;
f) to advise and assist Council on all matters relating to Fart.sIV :uui V of
the Ontario Heritage Act, 1974;
g) To advise and assist Council on any other matter: relatinr, to buildings anr:
areas of architectural and/or historical significance;
h) To administer properties acquired ty the municipality unc:vr, ection 10
• of the Ontario Heritage Act, 1974;
i) To prepare, before the 1st day of March each year, a resort. of the
previous year's activities, a report of the previous year': expenditures and
i projected budget for the succeeding year;
j) The local advisory committee shall meet as often as it deem:- nece:•:;a r,;,
but at least once each four months.
5) This by-law shall come into force and take effect on the .iatc of its passing.
READ A FIRST TI I4
READ A SECOND TIME
itEAD A THIRD TIME AND FINALLY PASSED AND CARRIED THIS / DAY OF-L 1985•
EEVE
rr rw .
rHE CORPORATION OF THE VILLAGE OF PORT BURWE:LL
BY—LAW NO. 85-28
• A BY—LAW TO ESTABLISH A LOCAL ARCHITECTU,tAL
CONSERVATION ADVISORY COMMITTEE AND PROVIDE
9 FOR THE APPOINTMENT OF MEMBERS THkRETO.
Whereas section `8 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
nhereas the Council of the Village of Port Burwell deems it advisable to
e:;tabli.;h such a committee and provide for the appointment of members thereto;
THFREFURE the Council of the Corporation of the Village of Port Burwell
enacts as folio%.:•:
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.
Member:, ::hall 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 !.he 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 L;uuncil in the preparation of municipal legislation to conserve
heritage properties and areas;
e) To implement programmes and activities to increase public awareness- and
knuwleut;e of the heritage conservation issues;
f) to advise and assist Council on all matters relating to Parts1V 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 Ly 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
previous year's activities, a report of the previous year's expenditures and
a projected budtet 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 r.hall come into force and take effect on the date of its passing.
:tLAb A F i Ryr 'rm.
• READ A z1COND TIME
READ A THIRD TIME AND FINALLY PA;,SETI AND CARRIED THIS �[_ DAY OF _1987.
EE115r
C
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 PartsIV 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 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
ID READ A SECOND TIME ,��
READ A THIRD TIME AND FINALLY PASSED AND CARRIED THIS_ DAY OF 1i,n 1985.
LZ "/,L
CLERK
THE: CORPORATION OF THE VILLAGE OF PORT BURWELL
BY—LAW NO. 85-29
A BY—LAW TO DESIGNATE THE PROMiTY )GIOl+T' FMICIi-ALLY
AS THE OLD VILLAGE LIGHTHOUSE A3 BEING OF ARCHIT'SCTURAI.
plWOR HISTORICALVALUE OR INTEREST.
WHEREAS section 29 of the Ontario Heritage Act, 1974 authorizer the Council
of a municipality to enact by—lar;s to designate realproperty, including all
• buildings and structures thereon, to be of architectural and hi '.oric val,ie
or interest; and
WHEREAS the: Council of the Corporation of the Village of Fort, :-�;'."Kell ha:
caused to be served on the owners of the lands and prpnises kno••-n an t.hn
Old Village Lighthouse and upon the Ontario Heritage Foundatior., notice of
intention to so designate the aforesaid real property and has c i^•cd suet.
notice of intention to be published in the samenewspaper havin—,•eneril
circulation in the municipality once for each of three consccut."•c weckr; ::nd
IiHEREAS no notice of objection to the proposed desighatioh has been serve&,
on the clerk of* the municipality;
THEREFORE the Council of the Corporation of the Village of Fort. jr— 11.
as follows;
1) There i:; designated as being of architectural and/or histori—i1 value ur
interest the real property known as the Old Village Lighthouse, �r
particularly described in schedule A hereto.
2) The municipal solicitor is hereby authorized to cause a cop.,,, -
by —law to be registered against the property described in Scheclile AAher,.to
in the proper land registry office. 11
3) The Clerk it hereby authorized to cause a copy of this by —la•• to cc :crved
on the owner of the aforesaid property and on the Ontario Herit.!f•e Foundation
and to cause notice of the passing ofthis by—law to be publishr-9 in the same
newspaper having; general circulation in the municipality once f:,r ench of three
consecutivew.eeks.
i EAD A FIRST TIME
READ A SECOND TIME
READ A THIP.D TIME AND FINALLY PASSED AND CAR:?IED THI :-)1
DEPUTY GOVERFOR
ELIZABETH THE SECOND, by the Grace of
Go,,,of the United Kingdom, Canada and Her
other Realms and Territories QUEEN, Head of
ti. Commonwealth, Defender of the Faith.
'1
FOR DEPUTY ATTORNEY GENERAL
0
2 —
TO ALL TO 1,1110,; these Presents shall come,
GAI i'TL.;:
d' ALkS the lands hereinafter described
vested in Us in right of 3ana6a.
AIlD V113ilLAS the said 1_.nds. a.•e not required
for public )urposes and under and by virtue of tiie
a
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 disposed: of to T.JE
C0:3PO%MOIi OF T'M, VILLAGE OF L'U. ,T J WB'LL, in the
Province of Ontario, hereinafter called the grantee.
NO'J IM9.1' Y3 that ',le do by t:iese 2reser:..;
grant, convey and assure unto the gr:tntee and its
successors ALL AIM SI!,G Zvllt that certain parcel or
tract of land and premises situate on lot i+o. 14 on
the west side of Robinson Jt.-eet in the police
village of Port Burwell, in the Township of Bay:iam,
in the Last Riding of the County of Elgin, Unto rio,
which may be more particularly described as follows:
BrEGIIiJING at an iron bar driven in the
ground at the south east corner of the said lot 1�;
TA.Z--CE ;•; . 340 :1. , or following the south
boundary of the said lot 14, 3z feet, to a post;
-3-
THMICE IY. 60 E. , or at right an;;le:% to the
9
last described boundary, ?I feet, to post; -
Ta-: M S. 840 E. , or at right ar. ;1F:: to the
last described boundary, 33 feet to nn iron
planted in t!:e we:-t side of Robinson. treet;
T:ILiCE follow'_.ng the west oi%:e of :binson
Street S. 60 W., 33 feet, to the place of beginning,
containin- an area of four square rod:; bearings herein
being by the maEnet of the year 1913.
PROVIDI� AL':AYS and these iresents rc iss;zed
upon and subject to the terms and conditions set forth
in the "greement entered into between Us and the grantee
dated February 23rd, 1965, a copy of which is attached
hereto.
TO HAVL : 1D TO, :TOLD the said lands unto the
Srantee and its successors, forever; saving,excepting
and reserving unto Un, Our Heirs anc .successors, the
free use, passa;e and enjoyment of, in, over and upon
-13 navi able waters that now ^e or may be :iereafter
found on or under or flowing through or upon any part
of t!ie said lands.
JIT:;3SS :
GIVEN under the Great Seal of Canada.
:OLO.iEL ADOLILAi Ge;0aG-` C.--!B , i,;a, lo.
Deputy of Our :tight 'Trusty rind ;ell —beloved
I
ounsellor, General GF.ORGES P. V:t: Iri, a membe
I
I
T'HMICz i:. 60 E. , or at right an., le-% to the
0
1-st described boundary, 33 feet, to post;
1; S. 340 E. , or at right ar._;le.- to the
1!_st :iescribed boundary, 33 feet to i.n iron olt
planted in the we^t side of obinsor. .,treet;
TIIZiCE follow-.ng the west 'side of binson
Street S. 60 W. , 33 feet, to the place of beginning,
containin- an area of four square rod;; bearings herein
bein7 by the manet of the year 1913.
PrRO✓IDI,.D AL'.:AYS and these iresents ,re issued
zz pon and subject to the ter -is and conditions set forth
in t'.e t reement entered into between Us and the grantee
dated February 23rd, 1965, a copy of which is attached
hereto.
TO {1.V.6 ditD TO :TOLD the said lands unto the
zrantee and its successors, forever; saving,excepting
and reservin- unto Us, Our Heirs anc ..uccessors, the
free use, passa;e and enjoyment of, in, over and upon
-1J navi able waters teat now ? �e or may be hereafter
found on or under or flowing through or upon any part
of the said lands.
JITI;3SO:
GIVEN under the Great Seal of Cana,a.
:OLO.M ADOLri:L GEOZZ C.-IE , i —x , v .
Deputy of Our night ':rusty tnu ell —beloved
I
ounsellor, 5eneral G-ORGE;; P. a membc
- i -
THZIICr, I; . 60 E. , or at ri ,h t an,;le : to the
last uescribed boundary, ?3 feet, to post;
TAE: M S. 840 r,., or at right ar. ;le:= to the
last described boundary, 33 feet to •gin iron bolt
planted in the we.-t side of iobinsor. street;
TIIr.SCE follow:.ng the west 'sine cf .. ,)inson
Street S. 60 W., 33 feet, to the place of beginning
containing an area of four square rodo; bearings herein
beinZ by the ma;:net of the year 1913.
PROVIDZD AL'.:AYS and these !resents rc issixed
o:)on and subject to the terms and conditions set forth
in t':e .*Lgreement entered into betwee:; Us and the grantee
dated !February 23rd, 1965, a copy of which is attached
hereto.
TO iAV.6 AiiD TO :I0LD the said lands unto the
Si and its successors, forever; saving,excepting
and reservin- unto Us, Our Heirs anc .successors, the
free use, passage and enjoyment of, in, over and upon
cl] navi,�=able waters that now are or may be �iereafter
found on or under or flowing through or upon any part
of the said lands.
JIT 72SS :
GIVEN under the Great weal of Cana.'a.
,OMiEL '�)ULrI.L GBOItGZ C.IB ,
Deputy of Our :tight 'Trusty rind :ell -beloved
counsellor, General G::ORGES P. V::: 1-:, , a membc
- 4 -
0 of Our Most Honourable Privy Council,
Companion of Our Distinguished service Order
upon whom * e have conferred ('ur 1.ilitary
1 Cross and Our Canadian Forces' Decoration,
Governor General and Commar,;cr-in-',,Jef of
CanAa.
iLT OTT AWA, this fifteenth day of April
in the year Qf Our Lord one thousand nine hundred and
sixty-five and in the fourteenth year of Our :feign.
BY COIZA1 D,
DE ;'TY REGIST R GENERAL
OF CAiiADA
FOR MDISTEA Ur TRA,+SPORT
i
THE CORPORATION OF THE VILLAGE OF PORT 1'URh'U,l
13Y—LAW NO. 85 — 30 -
Being a by—law to appoint a Clerk —Treasurer
WHEitEAS The Municipal Act provides that the Council Shall appoir.l. a Clerk
and a Treasurer who shall perform the duties of the Clerk and Treasurer of
the Municipality under The Municipal Act and other Acts of Leri:?ation.
NOW THERF70RE the, Council)of the Corporation of the Villare of f rt i;trn eI1
• enacts as follows:
1. That Elwood Varty be and is hereby appointed Clerk and Tren.,rf�r for the
Corporation of the.Vil}„age of Port, Burwell.
:1. That Elwood Varty shall perform all the duties required to performcd
by Clerks ind Treasurers under any statutory authority 9n•; nc.' r r
duties that may be imposed by the Council. (
3. That Elwood Varty shall hold office during the pleasure an, •ii,jcCt to
the by—law:, of the Council, and shall be paid such remunera':nn n
Council shall from time to time determine.
4.' That Elwood Varty is on a three month probation •perio,,
Sept. 23, 1985 at 9:00 a.m..
5. That the salary of the Clerk antl 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 —Laws, -hall be
paid to the Corporation of the Village of Port Burwell and bc: credited to
the general funds of the Corporation of the Village of Port. 13ur•wel.l.
6. That all by—laws not consistent with this by—law be and arr herci:y rrpealec.
RFAD A FIRST AND A SBOOND TIME THIS :P DAY OF OCTOBER 1985.
READ A THIRD TIME AND FINALLY PASSED THIS 16 DAY OF OCTOBER 1981,.
0
tt
VILLAGE OF PORT BURWELL
BY-LAW NO. 85-31
A By-law to authorize the signing of a rent lease agreement with the Ministry
of Government Services for office space.
40 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 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 she Village of
Port Burwell.
READ A FIRST AND SECOND TIME THIS 2151 DAY OF OCTOBER, 1985.
READ A THIRD TIME AND FINALLY PASSED THIS 21ST DX1 OF OCTOBER, 1985.
ve
ack myth
Village of Port Burwell
?re
� s6s
f
/
a
VILLAGE OF PORT BURWELL
BY-LAW NUMBER 85-32
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 Government 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 DECE BER , 1985.
VaW
Clerk
P
2,Lea4w
Ron Brafield
Reeve
Village of Port Burwell
THIS -LEASE made in triplicate this day of
19 $�;
IN PURSUANCE of The Short Forms of Leases Act.
• BETWEEN: The Corporation of the Village of Port Burwell
AND: Her Majesty The Queen
HEREINAFTER called the Municipality
OF THE FIRST PART
HEREINAFTER called the Queen
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 Novenber 1987
AND W11FREA5 the Municipality deems it expedient to sub-
lease All Or part of such building to the oueen upon the
tern<< and conditicos ltere�nafter set forth;
•
NOW rW LEASE WITNESSETH that in consideration
of thr •.tbv#,ndnt= hereinafter reserved and contained
here.i.i. -)n the part ,.f the Queen the Muni:_ipal ity doth demisr
and lease unties the `:aunty board, its successors ind assigns all those
....2
0
•
0
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 Novenber 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 ,v the Municipality under the
terms of the Head
e.) the cost of all cleaning and maintenance supplies.
16 .....3
•
-3-
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.
9
16
E
-4-
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 premise -
and to maintain a temperature suitable for the comfortable
• iccupancy by the Queen its employees and invitt.es.
PROVIDED that if during the term herein the premises ;hall
be destroyed or damaged by fire or the element- the fol.— ilk
provisions shall apply:-
•
-S-
If the'premises be
badly injured
as to be
a) shall
so
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 45 aforesaid and
if the damage is
such that the said
pre:ri,,es are capable
of being partially
lsed, then until
such damage has been
repaired, the rent
•
:hall ahate in the
proportion that the
part of the Ivinised
, rcmi ses rendered
uni'i l For occupancy
hears to the .,bo 1 e
+ the demised premi
!�#- .
1* ....6
6
n
LJ
0
-6-
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
17
Clerk
For Her Majesty the Queen
Ministry of Goverruient Service
Province of Ontario
z
rtun we Got.-72
r � ;
...... ».._........................� e�. �)��..13117R1P=.....
BY-LAW No...W.V.
ZI IMF -lab) to authorize the borrowing of $ 50, 000.00
Whereas the Council of the village or 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;
°•-r..r.r And Whereas the total amount of the estimated revenues of the
�� tn. aun,atr.
for the °°^"'° Municipality as set forth in the estimates adopted for the year 19 85 , is
y,., a watn.d; Pa Y P Y
if
not. to them
of lut mr.
$352,370.00
c Del,te tnl. And Whereas the total of amounts heretofore Borrowed for the purposes
.ow i�w'e°I..Ia't mentioned in subsection (1) of Section 332 of The Municipal Act which ave
not been repaid is '$ tom,
Therefore the Council of the village of port Burwell
hereby enacts as follows:
1. The Head and the Treasurer are hereby authorized on behalf of the Municipality to
borrow from time to time,by way of promissory note fiOm CANADIAN IMPERIAL BANK
OF Cott RCB a sum or sums not exceeding in the aggregate i 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 1985
TNa H OF THE MUNICIPALM
4 UAL
CLHRK
I hereby certify that the foregoing is a true copy of By --law
No. 85-33 of the Village of Port Burwell
in the Province of Ontario, duly passed at a meeting of the Council of the said
Municipality duly held, and that the said By-law is in full force and effect.
Dated This day of ��. 19 e S
As Witness the Seal of
L� the Cc, of
T
V --
CLF-RK
t
\. I