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Port Burwell By-Laws 1988
Port Burwell By" ed Laws tM By-Laws # 88 - 01 — 88 - 25 1988 THE CORPORATION OF THE VILLAGE OF PORT BURWELL BY-LAW NO. 88-01 Being a by-law to designate certain lands subject to Interim Control WHEREAS Council has adopted a resolution dated August 31 , 1988 directing the review of certain lands in respect of land use policies : AND WHEREAS Section 37 of the Planning Act , 1983 allows Council to pass interim control by-laws : NOW THEREFORE COUNCIL PURSUANT TO SECTION 37 OF THE PLANNING ACT , 1983 ENACTS AS FOLLOWS: 1 . Definitions : a ) ACCESSORY means a use , building or structure , that is naturally and normally incidental , subordinate and exclusively devoted to a primary use, building or structure and located on the same lot therewith . b ) AGRICULTURE means general farming , and without limiting the generality of the foregoing, includes the raising and harvesting of field, bush , tree or vine crops , truck gardening, nurseries , green houses , dairying, animal husbandry , raising of poultry , and the sale of produce grown on the farm from which the sale is made. 11/ c ) MOBILE HOMES is any structure that has been or can be moved on wheels and isthan �, feet in width and more than 20 feet in length, ,vor w , rh c,^f' or- Lac ' ! i 2 . The provisions of this by-law shall apply to all lands within the Village of Port Burwell . • (2) 3 . Nothing in this by-law prevents the use , of any land , building or structure for a purpose pro- hibited in this by-law if such land, building or structure was lawfully used for such purpose on the day this by-law comes into force. 4 . Notwithstanding the provisions of this by-law, no new uses , structures or buildings shall be permitted , to store , park , or use in any manner a Mobile Home . 5 . Existing buildings or structures may be altered or expanded. 6 . Accessory buildings or structures are permitted, provided that it is not used for human habitation . • 7 . Non-residential buildings associated with agriculture may be erected on any land used for agricultural purposes, 8. Any building or structure that is damaged by natural disaster or fire , may be rebuildt , provided the recon- struction will not mean an increase in the height size , or volume , or change in use of such a building or structure . 9 . New residential uses are permitted on lots created by consent , or in existance . New commercial or industrial buildings are permitted providing they conform to Village by-law no . 386 and are supported by a resolution of Council . 10. This by-law shall remain In effect for a period of 1 year from the date of passing of the by-law. /0• -74.i s 6 (0,i- .`I, .. i c' v 4�' el f l ciPS(i` (-: -/1"7 J / SCI,'�C "� v� QFC ClC!` r)+^ Sc arc' • I • (3) Read a first andseco•d time this 25 day of January 111 1988. Moved By ZIA Seconded BY , Reeve � .:,�:..1 i/ Read a third time and passed this 25 day of January 1988. Moved By , ,� t�1 .44( Seconded By MAY , /. - : ' -eve er' b HEST' vriI.sif LRrrT r r 6 .., ,___;a_____ ....„:„...... - „......, ...„...„ ..0. „_-- 1, it „...„.. ....... ........., _ ........ .0„),.. 4, dl •. 111,........,,,,........,:„..........................<,-.. ..„... .rr:SrN ST FA T s n r' c. _ r y C s r i r D rr a r,o !B Cr+:.rr.s'.I STPEET _aeoup t,9 Dyer''' Nia, Martha FUu.r.<;;r1 SIFEET D` 1 i r -- � f CQ‘ �f9 t IrN! ,:,i -. lc r \r et \ i E4E IS �T�EET �\ 10. .� *1- \9 `CAN eg- r GI ,, t4J - n �� 1 SINTrti ,t cTr•EE1 0 \ \ \ 2\ A U% ‘.--... f v4\ :-.....�'•-.ES�[arE STFEET \ `b H \ �'tTCN StNEET I \ \sLECWSE r .� v T^Ris STREET �� /-•1 T f \ r 4/ • n r r. r� j r t cs t iLT ti $11111 t Pry • • `r ra / . 1, EAST vrLLAGE Lima o �. 'Village of Port Burwell THE CORPORATION OF THE VILLAGE OF PORT BURWELL BY-LAW NO. 88-01 Being a by- law to designate certain lands subject to Interim Control WHEREAS Council has adopted a resolution dated August 31 , 1988 directing the review of certain lands in respect of land use policies : AND WHEREAS Section 37 of the Planning Act , 1983 allows Council to pass interim control by- laws : NOW THEREFORE COUNCIL PURSUANT TO SECTION 37 OF THE PLANNING ACT , 1983 ENACTS AS FOLLOWS: 1 . Definitions : a ) ACCESSORY means a use , building or structure , that is naturally and normally incidental , subordinate and exclusively devoted to a primary use , building or structure and located on the same lot therewith . b ) AGRICULTURE means general farming , and without limiting the generality of the foregoing, includes the raising and harvesting of field, bush , tree or vine crops , truck gardening , nurseries , green houses , dairying , animal husbandry , raising of poultry , and the sale of produce grown on the farm from which the sale is made . c ) MOBILE HOMES is any structure that has been or can be moved on wheels and is /1 than afeet in width and more than 20 feet in length, ,)c I ^"1 7-1•4 ssC 4E^".aG1 • 2 . The provisions of this by-law shall apply to all lands within the Village of Port Burwell . ( 2 ) 3 . Nothing in this by-law prevents the use , of any land , building dr structure for a purpose pro- hibited in this by=law if such -land. building or structure was lawfully used for such purpose on the day this by-law comes into force . 4 . Notwithstanding the provisions of this by- law , no new uses , structures or buildings shall be permitted, to store , park , or use in any manner a Mobile Home . 5 . Existing buildings or structures may be altered or expanded . 6 . Accessory buildings or structures are permitted , provided that it is not used for human habitation. 7 . Non-residential buildings associated with agriculture may be erected on any land used for agricultural purposes. 8 . Any building or structure that is damaged by natural disaster or fire , may be rebuildt , provided the recon- struction will not mean an increase in the height size , or volume , or change in use of such a building or structure . 9 . New residential uses are permitted on lots created by consent , or in existance . New commercial or industrial buildings are permitted providing they confirm to Village by- law no . 386 and are supported by a resolution of Council . 10. This by-law shall remain in effect for a period of 1 year from the date of passing of the by-law . - (9- a 14IL • 1-7 � ;t � k •A n (` Ael,f " 5 aft' L`r j w Sc ..rr��� • ( 3) Read a first and seco d .time this 25 day of January 1988. �� t ,F Moved By L. • .t t__ Seconded BY - -- Reeve / . yi` ! Read a third timt and passed this 25 day oaf January 1988. , Moved By r3 )-- 4' t Seconded By _ is peeve J Clerk • / \ r + The Corporation of the Village of Port Burwell By-law No. 88-02 Being a by-law to authorize the borrowing of up to $60,000.00 ( sixty thousand dollars) to pay current expenses until the taxes are collected. Read a first and second time this 25 day of January, 1988. MOVED BY Ed Bradfield SECONDED BY Brydon Guest CSIED Ron Bradfield, Reeve MOVED BY Brydon Guest SECONDED BY Ed Bradfield THAT by-law number 88-02 be read a third time and finally passed. • / c4,4 l a • • e Furm 100 t/ot -72 Village of Port Burwell BY-LAW No.88-02 III 3 ji3p.tatti to authorize the borrowing of $ Whereas the Council of the (hereinafter called the "Municipality") deems it necessary to borrow the sum of S 60,000.00 to meet, until the taxes are collected, the current expenditures of the Municipality for the year; 1988 Nara.—Refer And Whereas the total amount of the estimated revenues of the to the estimates 40 r the eor,ent Munici alit y as set forth in the estimates ado ted for the year 19 p is +r f adoptod; p f O�r not.to those last year. $ over Three Hundred Thousand (Delete this And Whereas ttie total of amounts heretofore borrowed for the purposes pa,avnph a nut apvhc+ble) mentioned in subsection (1) of Section 332 of The Municipal Act which have not been repaid is $ N 1 1 Therefore the Council of the Village of Port Burwell hereby enacts as follows: III1. The Head and the Treasurer are hereby authorized on behalf of the Municipality to borrow from time to time by way of promissory note from CANADIAN IMPERIAL. BANK OF COMMERCE a sum or sums not exceeding in the aggregate $ to meet until the taxes are collected the current expenditures of the Municipality for the year,including the amounts required for the purposes mentioned in subsection (1) of Section 332 of the Municipal Act, and to give on behalf of the Municipality to the Bank a promissory note or notes sealed with the Corporate Seal and signed by the Head and Treasurer for the moneys so borrowed, with interest at such rate as may be agreed upon from time to time with the Bank. 2. All sums borrowed pursuant to the authority of this by-law,as well as all other sums borrowed in this year and in previous years from the said Bank for any or all of the purposes mentioned in the said Section 332, shall, with interest thereon, be a charge upon the whole of the revenues of the Municipality for the current year and for all preceding years as and when such revenues are received. 3. The Treasurer is hereby authorized and directed to apply in payment of all sums borrowed as aforesaid, together with interest thereon, all of the moneys hereafter collected or received either on account or realized in respect of taxes levied for the current year and preceding years or from any other source which may lawfully be applied for such purpose. IDPassed this 25 day of January 19 88 6/,f ,�. ( TILE AD OF'TI - LINICIPALITY SEAL ``l. `--'v"1 ...._ _... CLERK • I hereby certify that the foregoing is a true copy of By-law No. 88_02 of the Village of Port Burwell duly in the Pros ince of Ontario, y passed at a meeting ot the Council of the said \lunicipality duly held, and that the said By-law is in full force and effect. Uated This 25 day of January 1988 As Witness the Seal of Corporation of 11101. the Village of Port Burwell ISEAL / {t J(. ...../'... CLERK THE CORPORATION OF THE VILLAGE OF PORT BURWELL • BY-LAW NUMBER 88-03 A BY-LAW TO DESIGNATE CERTAIN PROPERTIES IN • THE VILLAGE OF PORT BURWELL WHEREAS section 29 of the Ontario Heritage Act, 1974 authorize the Council of a Municipality to enact by-laws to designate real property, including all buildings and structures thereon, to be of architectural and historical value or interest ; and WHEREAS the Council of the Corporation of the Village of Port • Burwell has caused to be served on the owners of the lands and premises known as 03 Bridge Street and upon the Ontario Heritage Foundation, notice of intention to so designate the aforesaid real property and has caused such notice of intention to be published in the same newspaper having general circulation in the municipality; and WHEREAS no notice of objection to the proposed designation has been served on the Clerk of the municipality ; • THEREFORE the Council of the Corporation of the Village of Port Burwell enacts as follows ; 1 ) There as designated as being architectural and/or historical value or interest the real property known as 03 Bridge Street . 2 ) The municipal solicitor is hereby authorized to cause a copy of this bylaw to be registered against the property described as 03 Bridge Street . in the proper land registry office. 3 ) The Clerk is hereby authorized to cause copy of this by-law to be served on the owner of the aforesaid property and on the Ontario Heritage Foundation and to cause notice of the passing of this by-law to be published in the same newspaper having general circulation in the municipality. MOVED BYi2 �4SECONDED BY �,� DATE44101/ That by-Ia 88-03 be read a first time. ead an carried . �( 1111 ',/ MOVED BY ,f ' /,� �� SECONDED BY �;`6, ,`'n■ DATE 1 er Aiensed That by-law 88-03 b- 'ea. a second time . R _ t. n. with . 110 d/ MOVED BY _A . A _. j SECONDED BY \V C Ail. „t DATE That, by-la • 88-03/ be ead a third time . Rea. '' dispensed wiz finally .: -sed . 6,47d/-7 • '\\I bVJ V,o/;\t.‘so.-1 S3 THE CORPORATION OF THE VILLAGE OF PORT BURWELL • BY-LAW NUMBER 88-04 A BY-LAW TO DESIGNATE CERTAIN PROPERTIES IN • THE VILLAGE OF PORT BURWELL WHEREAS section 29 of the Ontario Heritage Act, 1974 authorize the Council of a Municipality to enact by-laws to designate real property, including all buildings and structures thereon, to be of architectural and historical value or interest; and WHEREAS the Council of the Corporation of the Village of Port • Burwell has caused to be served on the owners of the lands and premises known as 58 Erieus Street and upon the Ontario Heritage Foundation, notice of intention to so designate the aforesaid real property and has caused such notice of intention to be published in the same newspaper having general circulation in the municipality; and WHEREAS no notice of objection to the proposed designation has been served on the Clerk of the municipality; • THEREFORE the Council of the Corporation of the Village of Port Burwell enacts as follows; 1 ) There as designated as being architectural and/or historical value or interest the real property known as 58 Erieus Street. 2) The municipal solicitor is hereby authorized to cause a copy of this bylaw to be registered against the property described as 58 Erieus Street. in the proper land registry office. 3) The Clerk is hereby authorized to cause copy of this by-law to be served on the owner of the aforesaid property and on the Ontario Heritage Foundation and to cause notice of the passing of this by-law to be published in the same newspaper having general circulation in the municipality. . MOVED BY .� 4110 A411 , SECONDED BY /fid T/4 DATE That by-law : ; be ead a first time. Read and carried. MOVED BY h. � SECONDED BY 47„,..:4L1) DAT "" y411 That by-law 81.-04 b- r-ad a second time. Read and dispensed with. 1111 MOVED BY ;.Awal SECONDED BY� ) eDAT • That by-law : '4 be read a third time. ading dispensed it , finally pas- -d. 0_20/Ai)0_20/Ai) / 0II THE CORPORATION OF THE VILLAGE OF PORT BURWELL • BY-LAW NUMBER 88-05 • A BY-LAW TO DESIGNATE CERTAIN PROPERTIES TN THE VILLAGE OF PORT BURWELL WHEREAS section 29 of the Ontario Heritage Act, 1974 authorize the Council of a Municipality to enact by-laws to designate real property, including all buildings and structures thereon , to be of architectural and historical value or interest ; and • WHEREAS the Council of the Corporation of the Village of Port Burwell has caused to be served on the owners of the lands and premises known as 16 Erieus Street and upon the Ontario Heritage Foundation, notice of intention to so designate the aforesaid real property and has caused such notice of intention to be published in the same newspaper having general circulation in the municipality; and WHEREAS no notice of objection to the proposed designation has been served on the Clerk of the municipality; Ili THEREFORE the Council of the Corporation of the Village of Port Burwell enacts as follows ; 1 ) There as designated as being architectural and/or historical value or interest the real property known as 16 Erieus Street . 2 ) The municipal solicitor is hereby authorized to cause a copy of this bylaw to be registered against the property described as 16 Erieus Street . in the proper land registry office. 3 ) The Clerk is hereby authorized to cause copy of this by-law to be served on the owner of the aforesaid property and on the Ontario Heritage Foundation and to cause notice of the passing of this by-law to be published in the same newspaper having general circulation in the munic '.pality. // // MOVED B P. A_ _.1 _ SECONDED BY _ ►� ; l'IDATEWW That by-law 88-05 be rea a first time . 'e& : n. •carried . MOVED BY / SECONDED BYiSATE.',' That by-law 88-05 be read a second time . ad and dispensed it . MOVED BY ` �� SECONDED BY j6 141 C`" DATE0( That by-law : � 15 berea a third time. Reading dispensed aJitW, finally passed. ediv • 441W1 • The Municipal Act , RSO 1980 Section 158 THE CORPORATION OF THE VILLAGE OF PORT BURWELL IN THE COUNTY OF ELGIN By-Law 8B-ee Being a by-law to adopt the estimates of all sums required to be levied against • all rateable property during the year and to strike the rates of taxation for the year 1988 . WHEREAS the council of the Corporation of the Village of Port Burwell , in accordance with the provisions of The Municipal Act, has prepared and provisionally adopted the estimates of all sums required during the year 1988 for the purposes of the Municipality, including sums required by law to be provided for School purposes and for any Board , Commissioner or other body; • AND WHEREAS the Assessment Roll prepared in 1988 , and upon which the taxes for the year 1988 are to be levied, has been finally revised by the Assessment Review Court; AND WHEREAS the whole of the assessment for real property and business assessment , according to the said last revised assessment roll , is as follows : Residential and Farm $ 660064 Commercial and Industrial $ 143474 Business $ 53775 Total $ 857313 AND WHEREAS for taxation purposes the said assessment is allocated as follows : Residential Commercial/ and Farm Industrial/ Total Business 11 Public School Support $ 635911 $ 196574 $ 832485 Elementary Separate School Support . . . $ 24153 $__ 675 $ 24828 Pubic Secondary School Support $ 635911 $ 196574 $ 832485 Separate Secondary School Support $ 24153 $ 675 $ 24828 AND WHEREAS The Ontario Unconditional Grants Act, 1975 , provides for a fifteen percent ( 15%) differential between residential/farm assessment and commercial/industrial /business • assessment for the purposes o? levying rates , in each year; AND WHEREAS The Education Act , 1974 provides that the rate to be levied on residential and farm assessment in each year i • shall be eighty-five (85%) per cent of the rate to he levied on • commercial , industrial and business assessment ; NOW THEREFORE THE COUNCIL OF THE VILLAGE OF PORT BURWELL ENACTS AS FOLLOWS : 1 . The estimates of the Corporation of the Village of Port Burwell for the year 1988 be and they are hereby adopted, and are marked appendix "A" attached • 2 . The sums to be raised by means of taxation for the year 1988 be as follows , subject to the adjustments as are by law required to be made: (a) For general municipal purposes , a sum of $249490 such amount to be reduced by a sum of $138502 representing the municipality' s share of the 1988 resource equalization grant pay- ment under The Ontario Unconditional Grants M.T.C. - Act, 1975 ; and further reduced by a sum of. . $ 2803 representing the municipality's share of that telephone and telegraph gross receipts payable under section 161 of The Municipal Act : and further reduced by a sum of $12000 representing the municipality's share of payments-in- lieu of taxes from all sources payable during the year; and finally reduced ( increased ) by a sum of any available surplus (deficit ) from any previous year in respect of general yielding a net levying for general municipal purposes of $ 96185 . (b) For County purposes, a sum of $ 36620 as requisitioned by the County of Elgin, such amount to be reduced by the sum of $ 962 representing the County's share of that portion of telephone and telegraph gross receipts payable under section 161 of The Municipal Act; and further reduced by the sum of $ 0 representing the County's share of payments-in-lieu of taxes from all sources payable in the year; and finally reduced ( increased) by a sum of $ 76428 representing any overlevy (underlevy) in respect of the of the 1988 County requisition; for a net levy for 110 County purposes of $36422. 28. (c) For Public School (elementary) purposes,a sum of$57427 such amount being reduced by a sum of $ 2098 representing the amount of that portion of telephone and telegraph gross receipts payable under section 161 of The Municipal Act that is attributable to public school levies; and further reduced by a sum of $ 0 • representing that portion of payments in lieu of taxes that is attributable to public school levies; and finally reduced ( increased) by a sum of $2220. 78 • representing any overlevy ( underlevy) in respect of the 1987 Board of Education levy for public school purpose for a net levy for public school (elementary) purposes of $57549 . 78 (d) For public secondary school purposes , a sum of . $ 52916 such amount being reduced by a sum of • S 1712 representing the amount of portion of telephone and telegraph gross receipts payable under section 161 of The Municipal Act that is attributable to secondary • school levies ; and further reduced by a sum of. . $ 0 representing that portion of payments in lieu of taxes that is attributable to secondary school levies ; and finally reduced ( increased ) by a sum of $ 1874 . 97 representing any overlevy (underlevy) in respect of the 1987 Board of Education levy for secondary school purposes ; for a net for secondary school purposes of $ 53078 . 97 (e) For separate school elementary purposes ,a sum of$1691 such amount, being reduced ( increased) by a sum of $ 10 any overlevy (underlevy) in respect of the 1987 levy for Roman Catholic separate school purposes ; for a net levy for separate school purposes of $ 1144 . 07 ( f) For separate secondary school purposes , a sum of$ 1330 such amount being reduced ( increased) by a sum of c_ any overlevy (underlevy) in respect of the 1987 levy for Roman Catholic separate school purposes ; for a net levy for separate school purposes of $237 . 45 3 . There shall be levied and collected upon the whole of the assessment for real property and business assess- ment roll , the following rates of taxation for the year 1988 : Residential Commercial/ and Farm Industrial & Busieness General municipal purposes . 4 107, 82 $ 126 . 84 County purposes $ 41 . 05 $ 48 . 29 Public school purposes $ 127 . 57 $ 150 . 09 Separate school purposes $ 121 . 09 $ 142 . 46 TOTAL PUBLIC SCHOOL RATE $ 276 . 44 $ 325 . 22 TOTAL SEPARATE SCHOOL RATE $ 269 . 95 $ 317 . 59 Yielding a consolidated public school rate for residential and fart assessment of 276 . 44 mills for commercial , industrial and business assessment of 325 . 22 mills ; and yielding a consolidated separate school rate for residential and farm assessment of 269 . 95 mills AM ♦ .. and for commercial , industrial and business assessment • of 317 .59 mills . 4 . In addition to the rates and taxes authorized to be levied pursamt to clause 2 of this by-law, all other municipal local or direct taxes, rates and charges , the collection of which is the responsiblitiy of the municipality or any of its Officials , be levied and collected in the manner directed and authorized by the provisions of any General or Special Act or by-law of • the municipality. The local improvements to be collected are to include water frontages , water connections and sewer connections. The taxes shall become due and payable on the 31 day of May, 1988 , but may be paid in installments on the 31 day of May, 1988 , the 15 day of July, 1988 , the 15 day of Sept. , 1988 provided that upon failure to make payment on any installment date, the whole amount shall become due and payable forthwith . There shall be imposed a penalty for non-payment for taxes on due date of any installment thereof, the amount of 1 1/4 % of the amount due and unpaid on the first day of default, and an additional penalty of 1 1/4% shall be added on the first day of each calender month thereafter in which default continues, but not after the end of the year in which the taxes are levied. That where any taxes or other rates remain due and unpaid after the 31st day of December in the year in which they were levied, there shall be added thereto interest at a rate of 1 1/4% per month or faction thereof until the said taxes and rates are paid. The Collector is hereby authorized to mail or cause to be mailed the notice of taxes due to the address of the residence or place of business of the person to whom notice is required to be given. 411 All taxes shall be paid into the Office of the Treasurer or at the Canadian Bank of Commerce, Port • Burwell , pursuant to Section 386 (8) of The Municipal Act. Where a tenant of lands , owned by the Crown or in which the Crown has an ir!..erest, has been employed either • within or outside the munici [ality by the same employer for not less than 30 days, such employer shall pay over to the Collector on demand out of any wages, salary, or other remuneration due to such employee the amount then • • payable for taxes under this by-law and such payment 41/ shall relieve the employer from any liablity to the employee for the amount paid. The Collector and the Treasurer are hereby empowered to accept part-payment from time to time on account of any taxes due. All collections are to be applied first to interest and penalty of oldest outstanding year and every other year, until all interest and penalty is paid in full . Secondly, to outstanding work orders and • utility collections placed on the roll , and finally, to principal tax amounts most outstanding year. • This by-law shall come into effect upon the date of its final passing. MOVED BY 41, _ ,. A. _ _ "f CONDED BY %, WAD That by- aw numbe ':-o read a first tim Read and carried go` MOVED BY , c ' SECONDED By6„44, That by-law • . - • 8- be read a decond time . 4E • and dispe sed th . 1O MOVED B � ` / SECONDED Bi ew That by- aw number 88p$$ a read a th time. Reading dispensed with , and fifiily passed. Read a third time and finally passed this 25 day of A .ril , 1988. / 1 / I Ron . • :dfie f. , • M: OF El 0. . s • : . /.(.., or,r.J.-76 `` fi /' -4 E76.../. 676- 06, A B ; ;D "; ; E 1 1988 BUDGET MUSEUM BUILDING ONLY • 2 3 ACC # DESCRIPTION ACC BALANCE BUDGET 4 BALANCE SHEET 1987 . 1988 . 5 6 1005 local boards B , 00 ,00 410 1000 bank general 71500718 . B -1895 ,48 35000,00 8 1001 petty cash B 100,00 100,00 9 1002 term deposits B , 00 , 00 10 1003 account recievable sewer instaB 6267 ,09 3000,00 11 1004 account recievable water\sewerB 1818 , 42 1000,00 •12 1011 acc. rec. taxes current B 34230 , 62 34230,62 13 1012 acc. rec. taxes previous yearsB 28280 , 22 28280, 22 14 1013 acc. rec . taxes accrued intresB 11356 , 75 11356 ,75. 15 1014 ace . rec,. misc B 4912, 28 4912 , 28 16 1015 prepaid expenses B ,00 ,00 17 1016 ace rec Federal government B 18 1017 Bank Frontage & Connections B , 00 ,00 19 1018 OWED BY NON PROFIT HOUSING B 2340,00 20 1500 Fixed Assests B 7040,60 21 1501 due from capital fund B ,00 22 1502 Due to revenue fund B ,00 ,00 •23 1503 OHRP Bank B 62907 , 79 62907 , 79 24 1504 OHRP accounts receivable B 100 ,00 25 1505 OHRP Loans receivable B 60230,68 60230,68 26 1506 OHRP Trust fund balanc% B -123619 , 55 -123619, 55 • 2000 capital outlay to be recoveredB ,00 28 2001 Adjustment Holding Account B ,00 A B D II E 1 s 29 2500 Accumulated Depreciation B • , 00 ,00 • 30 3000 current liabilities B ,00 ,00 31 3001 payables B -79617 ,80 -42267 ,00 32 3002 deffered revenue B ,00 ,00 33 3003 county of elgin B ,00 ,00 34 3004 misc B ,00 ,00 • 3006 P.U.0 B ,00 ,00 36 3007 M.O.E. water & sewer B ,00 ,00 37 3008 reserve for working funds B -123498 , 16 -95000 38 3009 reserve for capital funds B -5132 ,00 -10132 i 39 3010 surplus village B ,00 40 3011 surplus county B 882 , 16 •41 3012 county board of education B -4095 , 75 42 3013 separate school education B -1469, 52 43 3014 surplus water & sewer. collect.B ,00 44 3015 N.S.F. cheques bank adjustmentB 70,00 45 3500 bank loans B ,00 46 3501 O.H.R.P. fund loan B 47 3502 Tertiary &• Secondary Debt B 35500 48 4000 surplus B ,00 49 4001 retained earnings R ,00 50 4003. OWED TO REVENUE FUND C 81324 • 51 ADDITIONS TO FIXED ASSETS B 30000 52 53 54 IP 56 BALANCE SHEET TOTALS -2068 0 • A ; a a s �D E 57 • 58 INCOME AND EXPENSES 59 45DD FROM RESERVES L -30000 60 45AA BANK LONGTERM a 14% INT/15YRS L 61 4500. LOCAL IMPROVEMENTS I -35500 • -35500 62 4500 taxation current I -232980,85 -246339 • 4501 taxation current penalty I -3309 , 46 -4000 64 4502 taxation arrears intrest I -5387 ,85 -5400 65 4503 photo copies misc . I -64033 , 96 -3000 66 4504 licences I -5175 , 00 -2000 67 4505 Building permits I -2499 ,00 -1100 68 4506 Ontario grants misc . I -6515 , 89 -5000 •69 4507 Ontario Roads Grants I -36000 ,00 -36500 70 4508 Ontario Recreation Grants I -6000 ,00 -6000 71 4509 Ontario Grants resource equilil -64068 ,00 -66347 72 4510 Ontario Grants household I -10350,00 -10500 73 4511 Ontario Grants Stabalization I -22703 , 00 -25095 74 4512 Ontario Grant Culture I -5612 ,63 -2200 75 4513 Rent O.P.P. I -4064 , 40 -2100 76 4514 Rent Library I -2152 , 17 -3000 77 4515 Rent P.U.C. I -1200,00 -1200 78 4516 Rent Trailer Park I -9550 ,00 -9000 41/79 4517 Rent East Beach I -500 ,00 -500 80 4518 Bank Interest I -1085 ,60 -900 81 4519 S .E.E.D Programs I -3798 ,00 -4200 82 4520 Ontario Employment Programs I -1430,00 -2800 • %.4521 Canada Employment Programs I -5514 ,00 -500 84 4522 Canada Grants misc. I -1902 ,96 A ; ; B ; ; D ; ; E 85 4523 • Grant in lieu Canada I , 00 -1200 41186 4524 Grant in lieu Ontario I -7556 , 29 -12000 87 4525 Grant in lieu Liquor Store I , 00 88 4526 Grant in lieu P.U.C. I -1325 , 57 -1300 89 4527 Water/Sewer collectio from PUCI , 00 90 4528 Sewer connection charges I -360 , 00 111 4529 MANAGEMENT FEES P. B.N . P. H I , 00 -5000 92 4530 O. H.R.P. Collections • 1 -16789 , 16 -12000 93 4531 Lighthouse Donations I -8605 , 51 -800 94 4532 O.H.R.P. Administration Fees I -741 , 00 -1200 95 4533 Telephone I -6750 , 85 -7000 •96 4534 County Rebate I -2517 , 66 -2600 97 4535 Revenue Social Employment Pro I -2489 , 58 -2800 98 4536 Water Collections I -72459 , 40 -75000 99 4537 Sewer Collections I -50677 , 45 -55000 100 5000 I , 00 101 5500 I , 00 102 6000 I , 00 103 6500 I , 00 104 7000 General Adm. Clerk ' s salary I 22181 , 69 23000 105 7001 General Adm. Other salaries I 9066 ,65 15000 106 7002 Gen . Adm. Clerks travel & confl 5727 , 54 5000 411107 7003 Gen Adm. Stationary ofice supl 19555 , 99 20000 108 7004 Gen. Adm. Auditor I 9223 , 00 9000 109 7005 Gen . Adm. Legal Fees I 1358 , 35 1500 110 7006 Gen . Adm. Insurance I 11612 , 00 15000 01 7007 Gen. Adm. Workmens CompensatioI 3534 , 37 4000 112 7008 Gen. Adm. Promotion I 1207 ,80 1500 • / A 11 • B1 I D. E 113 7009 Gen . Adm. Tax Sales I - ,00 600 • 114 7010 Council Salaries I 13180,00 15000 115 7011 Council Travel & Conferences I 1910, 45 4000 116 7012 Protection Fire Dept. wages I 10109 ,00 11000 117 7013 Fire Dept. material & suppliesl 10284 , 66 , 10000 118 7014 Fire Dept. Truck repair & fuell 1414 , 02 1000 09 7015 Fire Dept . Heating Oil I 3626, 10 3800 120 7016 Protection Annimal Control I 1558 ,00 1700 121 7017 Protection By-law Enforcement I 300,00 800 122 7018 Protection Building Inspector I 411 ,02 1000 123 7019 Protection Other I 1440 ,00 1000 124 7020 Protection Erosion control I -720, 00 1500 • 125 7021 Street light maintenance I 2378, 97 2500 126 7022 Street lights New Lights I ,00 1000 127 7023 Building expenses O.P.P. I 397 , 17 2400 128 7024 Building expenses Library I 875 , 55 2000 129 7025 Building expenses P.U.C. I 45 ,00 100 130 7026 Building expense Trailer Park I 819, 15 1500 131 7027 Building expenses East Beach I 45,95 500 132 7028 Building expenses Harbour mtcel 753 ,60 1000 133 7029 Roads Wages I 20407 , 10 25000 134 7030 Roads Equipment repairs I 12119 ,07 10000 • 135 7031 Roads Materials Shop , I 4424 , 13 4000 136 7032 Roads Materials (Roadway) I 55343 , 72 34000 137 7033 Garbage Disposal I 15978,59 18000 138 7034 Parks Ball Diamond Flower Bedsl 807 ,21 1500 039 7035 Recreation * I 6489, 71 7000 140 7036 Culture (Lighthouse) I 18590,96 3000 mmilmilmilimil A • B : : I) . E 141 7037 . O.H.R.P. . I 18027 , 60 12000 142 7038 Receiver General I 14157,93 17000 143 7039 Employees O.H. I .P. I 1249 , 50 1500 144 7040 County of Elgin I 31167 ,94 36620 145 7041 Elementary Elgin County Board I 65473 , 21 57127 146 7042 Secondary Elgin County Board I 53834 , 86 52916 07 7043 Elementary Elgin Separate Schol 2629 , 50 1691 148 7044 Secondary Elgin Separate School 308 , 00 1500 149 7045 Long Point Conservation Authorl 1208 , 00 1009 150 7046 M.O.E. Frontage & Connections I ,00 151 7047 M.O.E. Water Charges 1 59790 , 38 70000 152 7048 M.O.E . Sewer Charges I 51999 , 96 54000 11153 7049 OTHER WATER/SEWER EXPENSES I 20742 , 85 5000 154 7050 O.H.R.P. transfer I , 00 155 7051 Water Meters - service , parts I 8526 ,13 1000 156 7052 Memberships , registr, subscript 494 , 10 900 157 7053 Secondary Water System Rebatesl 6305 , 00 158 7054 Drains - materials , repairs I 6270 ,63 3000 159 7055 PUC Exp / tree trim I 1529 , 35 1000 160 7056 Planning & Zoning I 12327 , 78 10000 161 7057 New Building SENIORS 1 50899 , 48 162 7058 Repay loan fr Resry fund sewerl 21818, 73 21818 0163 7059 Repay loan fr Resry fund Water' 14123 , 30 14000 164 7060 Transfer to reserve I ,00 6000 165 7061 New Office Equipment I , 00 1500 166 7062 Bank Loan Interst I 1038 , 28 2000 067 7063 Fire Dept Capital Purchase I , 00 5000 , 168 7064 S .E.E.D. Program I 4806 , 53 4200 I ' • • • A ; : •• B ,, D • :. E 169 7065 Experience 19 7/1`988 I 2b95 ,66 2800 • 170 7066 Social employment program I 2293 ,47 2800 171 7067 LONG TERM LOAN PAYMENT I ,00 172 7068 Section 38 I 2521 , 21 500 173 7069 Old Baptist Church I 10614 , 75 174 7070 New Municipal Building ETC. I 1500,00 .5 7500 Other income & expenses I -4745 , 82 176 8000 NEW BLDG museum I ,00 30000 177 PRIDE PROJECT/MARINA 3000 178 REVENUE MINUS EXPENSE [SURPLUS] 30859 0 179 BALANCE SHEET -2068 0 180 TO TAKE FROM RESERVE for deficit 0 •181 TOTAL REVENUE LESS TAXES -701605 -432742 182 TOTAL EXPENDITURES 732465 679081 183 TAX REVENUE REQUIRED 246339 • • • ,. E F G ----~----'--- ` .CONTYGiFfO TOTAL • • C _ MONICIPF1. TOT 27G,44 i R SS CALCULATION 1900 _ -- SEP SEC COUNTY 148.97 LEVY CAL --SEC SUP SEP ELMIDT,H. 3,'5,72 ------------ 41,05 126.84 175,13 269,94 El 6 VIi6 - 48.29 66.36 62,21317,59 1900 MILL.QES.a1P1-IC 0B 71.03 67.70 53431 •00 Ise198e MILL RRTES�C0M2r>xp 79`74 62.72 rrrrrrrrnrrrrrr rrrrrrr 164.00 66pOf.4,00 1988 MILL.SEP RES rr ,•rrrrrrrrrrrrrrrrr•.rrrrrr4•W 143474.00 1988 MISL,SEI>NT VALUES 59.11,rrrrrrrr635911,00rrrrrww24153,00 24154.00 343474,00 113474.00 635911,00 5._'0,00 520.00 53775,00 53775,00 rrwrrrSSES MENT ALUES rrrrw• •rrrrr 911,00 142954,00 155.00 43474,00 147313.00 1960.A55E5SFENT UERESIDENT 142954.0053620 155.00 857313,005 8537 5.00 TOTRL SSESSME VALUES CDMHERCIO0 52405,00 00 24829,0097313. 0 302'112.75 HT VALUES BUSINESS 47620. gOO4b5,OD 74828. 19E18.ASSESSMF 832483.00 71168.10 241_7,20 ♦66:,0.79 SEED ET 1637.09 1287.65 27094.33 1198, 4417.43 17417.75 f1L arsssa������as�ssasasaa�s�OatOOsrssss���a��s�rr�s�>,��ssaOsOOsOaOOOOas••OOOsOsOas��aa�aas��a��sa�saOOsOallaOrwOsaOr• 12 TOT 30923.24 32,616820. 24645 . as TAXES LEVIER COMMEWWWWWRCIAL CIAL fella• 42202.29 107.94.22 41,46 9,72 2596,09 1321117.94 i TAXES LEVIED RESIDENTIAL 11161.29 3661,21 12.36 36619.84 6020.93 13�'81>7.84 246454.59 • TOTAL LEVIED 1�1fERCIRL 7 46,74 1690,91 1329.99 '31,619,84 96187,60 '-TAXES LEVIED gUSSINE55 49, 53079''17 1691,00 1330'00 8619.84 M1666h696185•h66M1M1M1th13206hhhhhhhtth246htN 10 TOTAL TAXES 57549,7fl 53079.97 _ ,00 1988 3tEOUISTTIOM -.09 .Ol 00 ,00 t6aattiitt�ttsaytttttttttttttati6'ttLattbdt�'h'ttttttttththhhthhtttthhhhhtM1hhhhthhhthttt66tttti8 NOTE DERU1ND tomOVER ISITION NOTE 1987 UNDER AND 01/FR LEVY INCLUDED IN 1988 REOU Y.imcroa-s. . - 1908. 88 OVER B7 1986. 1987. 1964 1985. 11900. 10.61 VARY OF MILL RATES 107,15 97,E 41,02 20,`1 RESIDENTIAL PUPLICV97,25 102,03 ��� 33.57 66 -7,36 24,08 71,57 3,92 E EM 22.08 67.02 67.02 58.901 16 8 -40,67 ELEA 50.0 51,10 50.136 .61.21 E,LEM PUB 50,01 11 67,02 114.24 ERROR SEC 62,41 6S' 277.74 5,68 SEPARATEE SECONDARY ECOND RY 252.53 �l'� 61.21. 6 -R OR TOTALSEPARTE SEC RATEPAYER 229,89 244,23 252.5.3 304, 8 66 TOTAL PIIPLtC RATEPAYER 242,12 /////."//////////////////////////////////////!////!/// //////YEA 233,75 TOTAL SEPARATE . NOTE COMMERCIAL RATFS ARE 15% HIGHER TWINRESIDENTIAL PATES 1111 1111 THE CORPORATION OF THE VILLAGE OF PORT BURWELL BY-LAW NO. ie6- c7 A by-law to authorize The Corporation of the Village of Port Burwell (the "Municipality" ) to enter into an agreement with Her Majesty the Queen in Right of Ontario as represented by the Minister of the Environment (the "Crown" ) in the form annexed hereto as Schedule • 'A' to terminate a service agreement (the Previous Agreement) with respect to the Provincially-owned sewage works (the "Works" ) in the Municipality. WHEREAS under Section 7 (2) and Section 8 of the Ontario Water Resources Act, R.S.O. 1980, Chapter 361, the Council of a municipality may by by-law authorize the Municipality to • enter into an agreement with the Crown with respect to sewage works; AND WHEREAS an Agreement (the "Previous Agreement") was entered into between the Crown and the Municipality on the 28th day of August, 1980, to provide for sewage service by the Crown in the Municipality at the expense of the Crown; AND WHEREAS the net capital cost of :he Works in the amount of $224 , 952 appearing on the records of the Crown has been paid to the Crown by the Municipality; AND WHEREAS the Municipality wishes to take over the ownership of the Works; 1 AND WHEREAS the Municipality wishes the Crown to continue to operate the Works under a separate agreement; AND WHEREAS nothing remains to be done under the • Previous Agreement, which will be terminated upon the I j execution of the agreement annexed hereto as Schedule 'A' ; • • MOVED - SECONDED BY - THAT by-law 88 ` be read a first time . R ac and c�rri,�d C-' MOVED BY . _! � SECONDED BY ,\ g THAT by-law 88.07 be read a second time . Read a ill,i; isp�nsed z with . �S spl MOVED BY SECONDED BY THAT by-law 88-07 be read a third time . Reading dispensed with , finally passed. : iiwii - iiiiii special sewer rate by-laws set out below. NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE VILLAGE OF PORT BURWELL ENACTS AS FOLLOWS : • 1 . The municipality shall acquire ownership of the Works; 2 . The Reeve and Clerk are hereby authorized 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. 3 . The Frontage rate By-law No. 313 dated the 28th day of March, 1978, Connection Charge By-law No. 314 dated the 28th day of March, 1978, and Annual Sewage Rate By-law No. 85-7 dated the 29th day of April, 1985 are hereby repealed. • 4 . The cost for operating the Works is/will be raised by a Sewage service rate imposed by By-law No. 85-8. 5 . This By-law shall come into force and take effect upon receiving the approval of the Ontario Municipal Board. BY-LAW READ A FIRST AND SECOND TIME THIS DAY OF , A. D. 198 . REEVE CLERK • BY-LAW READ A THIRD TIME AND FINALLY PASSED THIS DAY OF , 198 . • REEVE CLERK 1 MOE File No: 1-0337 OMB File No: E 78388 • SCHEDULE "A" TO BY-LAW NO. OF THE CORPORATION OF THE TOWNSHIP OF THE VILLAGE OF PORT BURWELL. THIS AGREEMENT made in four copies this day of A. D. , 19 III • BETWEE N: I HER MAJESTY THE QUEEN IN RIGHT OF ONTARIO AS 11 REPRESENTED BY THE MINISTER OF THE ENVIRONMENT (hereinafter called the "Crown" ) IOF THE FIRST PART • --and-- THE CORPORATION OF THE VILLAGE OF PORT BURWELL (hereinafter called the "Municipality" ) 1 OF THE SECOND PART I WHEREAS pursuant to an Agreement (the "Previous Agreement" ) dated the 28th day of August, 1980 , between the Crown and the Municipality sewage works (the "Works" ) were constructed to provide sewage service for the Municipality; and AND WHEREAS the net capital cost of the Works in • the amount of $224 , 952 has already been paid by the Municipality to the Crown; and I I • I WHEREAS the Municipality now wishes to take over the ownership of the Works and wants the Crown to continue to 1116 operate the works (described in Schedule "A" attached) under a separate agreement; WHEREAS it is desirable to terminate the Previous 111 Agreement as nothing remains to be done under it; and III By-law the Council of the Municipality has passed By-law No. authorizing the Municipality to enter into this agreement. r WHEREAS the Ontario Municipal Board by its order 11 dated , 198 has approved the said by-law; THE PARTIES HERETO AGREE pursuant to Sections 7 (2) . and 8 of the Ontario Water Resources Act as follows: 1 . The Works are hereby transferred by the Crown to the Municipality which shall own them. II 2. The Municipality will pay to the Crown such expenses as the Crown incurs either before or after the date of this agreement and which the I/ Crown would normally have recorded on its books as a cost of providing sewage service under the Previous Agreement if it had not been terminated and for which the Crown issues an account to the Municipality. 01 • I I . 1 3 . The Crown will execute at the expense of the Municipality such further and other assurances as counsel may advise and the Crown agrees • with respect to any property held by the Crown for the sole purpose of the Works . 4 . The Previous Agreement dated August 28, 1980, is hereby terminated. IN WITNESS WHEREOF the parties have duly executed this agreement. HER MAJESTY THE QUEEN IN RIGHT OF ONTARIO AS REPRESENTED BY I/ THE MINISTER OF THE ENVIRONMENT • I MINISTER 1 THE CORPORATION OF VILLAGE OF PORT BURWELL I IC/S • REEVE I • CLERK I Schedule "A" to an Agreement between the' Ministe= of the Environment and the Corporation of the Village o: Port 1 Burwell. . / 11/ i ' Description of Works • Sanitary sewer system, pumping station and forcemain and treatment plant. 1I ' • VALUE For Insurance Purposes $ 3, 108, 000. I RESERVE ACCOUNT SMaximum Annual Maximum Balance 1 Charge 11410 To be determined in consultation with the municipality at a :iter date. I . I . igMinistry of the Environment Village of Port Burwell Sewage Works System Provincial Project No. : 1-0337 1/41/ Statement of Capital Account I u • CAPITAL COSTS: • Gross Capital Cost $3 , 108, 000 NProvincial Assistance $1 , 910 , 048 COASP 973 , 000 (2, 883 , 048) Principal Outstanding $ 224 , 952 II • Prepayment: Cheque No. 2553 (224, 952) • Amount owing by Muncipality 1985 $ 0 H I 111 1 f I. I I . I Village of Port Burwell Sewage Works System Provincial Project No. 1-0337 I Interim Statement of Adjustment I• Revenue Requirements : • Operating Expenditures: r • - Apr . 1/85 to Mar. 31/86 $49 , 204 - Apr. 1/86 to Mar. 31/87 50 , 095 - Apr . 1/87 to Dec . 31/87 39, 207 101 Total Revenue Requirements to 31-12-87 $138, 506 IIIReceipts: • • Payments Received: 1 101 - Apr . 1/85 to Mar. 31/86 $32, 199 - Apr. 1/86 to Mar. 31/87 65 , 493 - Apr. 1/87 to Dec. 31/87 30, 334 r Total Receipts to 31-12-87 $128 , 026 r Additional Payment Required from Municipality at 31-12-87 $ 10 , 480* 101 • *Nov. 87 and Dec . 87 Invoices Outstanding 11111 I 1111 • JI i THE CORPORATION OF THE VILLAGE OP PORT BURWELL BY-LAW NO. A by-law authorizing The Corporation of • the Village of Port Burwell (the "Municipality" ) to enter into an agreement in the form annexed as Schedule 'A' with Her Majesty the Queen in Right of Ontario as represented by the Minister of the Environment (the • "Crown" ) with respect to the operation of the municipal sewage works system (the "Works" ) . WHEREAS under Section 7 (2) and Section 8 of the Ontario Water Resources Act, R.S.O. 1980, Chapter 361, the Council of a municipality may by by-law authorize the municipality to enter into an agreement with the • Crown for the collection and treatment of sewage for the Municipality; AND WHEREAS the Municipality wishes to enter into an agreement with the Crown providing for the operation, supervision, control, maintenance, repair, administration and insuring by the Crown of the Works which are owned by the Municipality; AND WHEREAS the Municipality proposes to raise money to reimburse the Crown for its costs of the operation, supervision, control, maintenance, repair, administration and insurance of the Works by the imposition of a sewage service rate; • NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE VILLAGE OF PORT BURWELL ENACTS AS FOLLOWS : • into an agreement, in form annexed hereto as Schedule "A" , with the Crown for the operation, supervision, control, maintenance, repair, administration and insuring by the Crown of the Works owned by the Municipality as described in • Schedule "A" annexed to such agreement. 2 . The cost to be incurred by the Crown and payable by the Municipality pursuant to such agreement shall be raised by a sewage service rate to be imposed by By-law # given first and second readings on , 19 • 3 . 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. Ill 4 . This By-law shall come into force and take effect upon receiving the approval of the Ontario Municipal Board. READ a FIRST and SECOND time this day of 198 . REEVE CLERK READ a THIRD time and FINALLY PASSED this day of , 198 . I. REEVE CLERK I . MOE File No: 1-0337 OMB File No: E 78388 SCHEDULE "A" TO BY-LAW NO. OF THE CORPORATION OF THE TOWNSHIP OF THE VILLAGE OF PORT BURWELL. THIS AGREEMENT made in three copies this day of A. D. , 19 . BETWEE 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 addition from time to time, of other works to this agreement (all of which sewage works as they from time to time exist, are sometimes referred to herein as the "Works" ) . 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 oP other works to this ' agreement; 1 - 2 - AND WHEREAS the Council of the Municipality on the day of , 198 , passed By-law No. authorizing the Municipality to enter into • agreement. I NOW THEREFORE THIS AGREEMENT WITNESSETH that in consideration of the covenants , conditions and payments hereinafter set forth the parties agree as follows : 1 . (a) 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; ► (b) 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. I 2. The Municipality hereby releases, discharges and covenants and agrees at all times to indemnify and save harmless the Crown from and against all claims including: (a) All claims from property damage or injuries, including injuries resulting in death, to any property or person or persons and any consequential damages arising from such damages or injuries whether such damages or injuries be caused by or attributable to the 111411 negligence of the Crown or its officers , agents, servants or employees or otherwise ; III (b) all claims, actions and awards under the Workers ' Compensation Act or similar Acts; iii • and I damages , expense, compensation, awards or payments of every kind or nature whatsoever, rand all actions, suits or proceedings 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 this Agreement, except to the extent that the Crown is indemnified under a policy of insurance part or all of the premiums of which I are charged to the Municipality by the Crown pursuant to this or another agreement in relation to water or sewage works or to the extent such amount is recoverable and is • recovered by the Crown from another person. 3 . (1) The Crown will establish and maintain a reserve account or accounts for the Works to provide for renewals, replacements, alterations, extensions and contingencies in respect of the Works, and shall credit such reserve accounts and expend, use, apply, utilize and appropriate therefrom for such purposes such amounts as any, in the opinion of the Crown, be sufficient therefor. (2) The amounts in any reserve accounts 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 appropriate share of the earnings of any I � •I ' such fund and the nves me - - • , - regard to the respective balances from time to time remaining in the fund to the credit of all such accounts . • When any such funds or any portions thereof are held in the Consolidated Revenue Fund of Ontario such interest or other earnings as the Treasurer allows shall be included in the earnings of the funds. 4 . (1) The Municipality agrees to pay the Treasurer • of Ontario and Minister 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 of • such years, of the operation, supervision, maintenance repairs, administration and insurance of the Works as determined by the Crown in its sole discretion after consultation with the Municipality. (b) The total amount in each such year placed by the Crown to the credit of a reserve account for renewals, replacements, alterations, extensions and contingencies in respect of the said Works; but not exceeding the amounts specified in Schedule "A" from time to • time. 5 . ( 1) The Municipality shall pay to the Treasurer quarterly and not later than the 15th day of March, June, September and December in each I I . I - 5 - 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 theMunicipality or • shall constitute delivery o account to the Clerk of the Municipality. (3) In each year the Crown shall wdnliv r the the Municipality a statement showing how e charges hereinbefore referred to are made up. • (4) The accounts kept and the precepts or accounts issued for purposes of this agreement may be combined with those kept and issued for the purposes of any other agreement between the parties. 6 . The Crown may shut off or reduce the volume of sewage collected or treated for theor breakdown. Municipality in cases of emergency in the or when it may otherwise be necessary performance of this agreement, but the Crown shall , when practicable endeavour to give to the Municipality reasonable notice of intention to . reduce the volume of sewage . • I 6 !I - 7 . No Municipality other than the Municipality and Mno person other than persons located within the Municipality shall be connected to the sewage 1/6/ works without the prior written consent of the parties hereto. (111 8 . ( 1) The Crown' s obligation to operate the Works 11 shall continue until terminated in accordance herewith or by subsequent agreement between the parties hereto. 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. 9 . 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 rthe 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 3 hereof, and all earnings allocated to such account. 10 . 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 the later, the Municipality will pay the Treasurer any sum or sums in relation to the operation, I . r u uAUSAAio...a VV1V1! [AAAU .iaa�ui ta+aa.c VA- ...•+c •-i¶.ALS LC11 Gti works ascertained by the Crown on a final adjustment, 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. 11 . Upon by-laws in 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 affixing the Minister ' s signature to such additional parts of Schedule "A" . 12 . Any additional parts of Schedule "A" will Ispecify the date on which the Crown will become • responsible for the operation of the additional works from which date the Municipality will be responsible for the payments set out in section 5 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 . 13 . The Crown' s obligation to operate the Works may be terminated as provided in sections 8, 9 and 10 with respect to the Works described in any part or parts of Schedule "A" . In the event of a termination with respect to only some of the • works operated hereunder the Crown may return all , part or none of the reserve account as the Crown in its sole discretion determines. - 8 • 14 . Upon the termination of the Crown' s obligation to operate the Works, the Municipality hereby agrees, subject to the Successor Rights (Crown Transfers) Act, to offer to employ all those persons engaged as full time Crown employees in the operation, supervision, control and II • maintenance of the transferred Works under such terms and conditions of employment as employees of the Municipality in similar positions may enjoy at the date of termination provided that the pay of any Crown employee who accepts such offer shall not be reduced below the level which he would be entitled to receive from time to • time under the schedule of pay under which he was employed by the Crown in force at the date of termination, and he shall be entitled to an annual vacation with pay for a period not less 01 than he was entitled to at the date of such termination and his accrued pension rights shall be transferred under the Ontario Municipal Employee Retirement System Act Regulation. 15 . This agreement and the covenants, provisos, conditions and schedules herein shall enure to the benefit of and be binding upon the respective heirs, executors, administrators, successors or assigns of each of the parties hereto. 11011 16. This agreement is subject to the provisions as they be amended from time to time of the Ontario Water Resources and the Regulations thereunder. 1111 • _ I Schedule "A" to an Agreement between the Minister of the Environment and the Corporation of the Village of Port Burwell . • Descri tion of Works • Sanitary sewer system, pumping station and forcemain and treatment plant. _ III VALUE For Insurance Purposes $ 3, 108, 000 . — i RESERVE ACCOUNT $ Maximum Annual Maximum Balance Charge To be determined in consultation with the municipality at a later f _ date . • : N - 9 - 17 . In witness whereof the Parties have duly executed this agreement. I • THE CORPORATION OF THE HER MAJESTY THE QUEEN IN VILLAGE OF PORT BURWELL RIGHT OF ONTARIO AS REPRESENTED BY THE MINISTER OF THE IENVIRONMENT N • C/S REEVE I CLERK MINISTER 111I I, 11 j • Yip t of the de `;_ Environment I'Environnement 135 St Clair Avenue West 135 avenue St Clan ouest . Suite 100 Bureau 100 . Toronto Ontario Toronto lOntario) M4V 1P5 M4V 1P5 March 2, 1988 • Mr. E. Varty Clerk-Treasurer Village of Port Burwell P. O. Box 299 Port Burwell , Ontario NOJ 1T0 Dear Mr. Varty: 411 Re : PORT BURWELL WATER WORKS SYSTEM PROVINCIAL PROJECT NO. 5-0013 TERMINATION OF PROVINCIAL SERVICE AGREEMENT The following documents required for the termination of the existing provincial service agreement are enclosed: 1) Execution by-law for the termination of the existing provincial service agreement and transfer of ownership and operations of the works to the municipality. This by-law • requires two readings at this time and it is subject to the O.M. B. approval. 2) Agreement (Schedule "A" to the by-law) to transfer the ownership and operations of the works from the Province to the Village. This agreement should not be signed or dated at this time. Once the O.M. B. approval is received, the Ministry will send the agreement to the Village for execution. The approval process should be completed sometime in 1988 and in the meanwhile the existing arrangement will remain in effect. Please do not hesitate to contact me should you have an questions regarding the above matters . winnOiftlopoz her lith ilrwl WNW • Ile Sincerely, hew / __ i ler Ai 3ipAI - mom ` C/ �4 ( �, map L j - rdenimpipiglearle M. Geldart Mf/r111111rtitmoiliipq. Sr. Field Services Officer WAMmilmay. Capital Management Section Financial and Capital t 2/7 t/tF ,tF/ Management Branch MG/vi 1 • � ` ,. , (( 8FEB12/01 ,, 4 k C-1( l L-_ 1--,, r ed.... .L� ,. ..stti..-�' Environment I'Environnement Ontario 135 St Clair Avenue West 135 avenue St Clair oues1 Suite 100 Bureau 100 Toronto.Ontario Toronto(Ontario) M4V 1P5 M4V IP5 March 1 , 1988 • Mr. E. Varty Clerk-Treasurer Village of Port Burwell P .O. Box 299 Port Burwell , Ontario NOJ 1T0 Dear Mr. Varty: • Re: PORT BURWELL SEWAGE WORKS SYSTEM PROVINCIAL PROJECT NO. 1-0337 TERMINATION OF PROVINCIAL SERVICE AGREEMENT AND SPECIAL OPERATING AGREEMENT The following documents required for the termination of the existing provincial service agreement and the establishment of a special operating agreement are enclosed: A. Termination of Existing Provincial Service • Agreement 1) Execution by-law for the termination of the existing provincial service agreement and transfer of ownership of the works to the Village. 2) Agreement (Schedule 'A' to the by-law) to transfer the ownership of the works from the Province to the Village. B. Special Operating Agreement 1) Execution by-law for the Ministry to continue to operate the works. 2) Agreement (Schedule 'A' to the by-law) to enable the Ministry to continue to operate the works. It should be noted that the by-laws require two readings at this time and are subject to O.M.B. approval . The nt must not be signed or dated. Once O.M. B. approval „ , � ' Ministry will send the agreements to the TrirmajOilft,Prs44.0tature by the Reeve and Clerk. letter ice. Tars �tormai method makes possible immed(ate response - rid we hope you w11 Rree that Promptness is more hot_ 'te �' 1110 tart'. tors„i�,. �. :, cam. ..; Mail Thar C-u c ' •-- 7 rt. ” 2 _ . The approval process should be completed sometime in 1988 and in the meanwhile the existing arrangement will remain in effect. Please do not hesitate to contact me should you have any • questions regarding the above matters . Sincerely, M. Geldart • Sr. Field Services Officer Capital Management Section Financial and Capital Management Branch MG/lb cc : M. Auger • Ma are 111144e1 w par latter sea merged Malin to the lifter Itself. The Jtormd wheel makes peel* immolate response - ad ay hop you N ewes VW promptness is mon Impor- ter.: than tormalty. Mai Thinks. • • 7 ate.' t f•+-b+, 1 . '' ' � �d'r -t'i "t • Wit. -t:: s• •. j- 1,• $ ZQ `pRe ,1, ,. es,.b. i Aro, _ -` i•,i��raj!w . ' a fix' `,�� 3 X_ " . � �•� s h - ' /' - at','7, !4 .te. • int jf"Vly.,yf y( �. y t ite 41 . tr „.......mik .4,,,„., v.„ ....t.".; ....‘ •).."„•„:,. „...z , ,, ,,i ,,:.• ?, ,..,, . , 11 , , , s•••i MINISTRY OF THE ENVIRONMENT g€ —0 TERMINATION AGREEMENT AND i ' ' * `* � _ , ta' SPECIAL OPERATING AGREEMENT 1 . • rn, <�i� ,` �y; FOR ti..„,e,......,. ..:� 4' `,-r-t. ,a r., ",}'.'I ; ,�,'r;,}''..'i,3 4 te.•Ij-'+• VILLAGE OF PORT BURWELL SEWAGE WORKS SYSTEM .....4!,:i f ' �• • PROVINCIAL PROJECT NO. 1-0337 6,;z ,' '•�,.� h i Y '' r,,+ t! rte y, •oi{,r'HrCc : t “--, 414 4•-: ,* • 1.• •s - `s •a. ,`-t i r.. . , . ... . .... 1 ! e• .-• ,r - *�t i,, • 1,S 1 lY,�st • ter + t�1 �r• a *w�, a .., .. ,,,,>,. ,.. ,. _, .., . , -. , , , . y .: . ; ..„ ,... ,. „. irk #"Y •, .' • •i • ? 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S. • MINISTRY OF THE ENVIRONMENT 1..K '= Financial and Capital Management Branch '' March 1988 • ` . I. ryy . ' • MINISTRY OF THE ENVIRONMENT TERMINATION AGREEMENT AND SPECIAL OPERATING AGREEMENT FOR • VILLAGE OF PORT BURWELL SEWAGE WORKS SYSTEM PROVINCIAL PROJECT NO. 1-0337 • 1 • MINISTRY OF THE ENVIRONMENT Financial and Capital Management Branch III March 1988 I • I • MINISTRY OF THE ENVIRONMENT TERMINATION AGREEMENT • PROVINCIAL PROJECT NO: 5-0013 presented to . - THE VILLAGE OF PORT BURWELL .i(I Ar • • 44 r f t ..Y+.a ;tlS ii'A%r,WlitfL x'4.1_+':.^s--:' .,.!-, a.. ,a dcti 1 1 • J•. fib" - 1 A„,1..... ` a. `]3 1 -�• , 'r rye S ' t e 4 : f 11a !' <. 7 .d s _ _Ardis _.dre .7?•`s * !IV.Al I .Al Lf +,t."._ '''''P,j7'w4-z1P 71'to-tr '..4.14, ?.tf .`'° i4 'lr1,.:P.' -x - `p' „ - ` ' ' - "Xii t"i • ii %N • tr. 14 M `4- • w; nvironmcnt.4,... -' . • 2-`.•'*',. "..". ��' • !cif t, =a pita Mar►ayement Brant:II ..,• •;- :- • 1 . . . ... . .,. G . : .t' uY ', £�: .. .,),e•! Y. •1;4: i' •. r t .-2 .j'- ''-;"� : ?' .1.,,i A by-law to authorize The Corporation of Lhe Village of Port Burwell (the "Municipality" ) to enter into an agreement with Her Majesty the Queen in Right of Ontario as represented by the Minister of the Environment (the "Crown" ) in the form annexed hereto as Schedule • 'A' to terminate a service agreement (the Previous Agreement) with respect to the Provincially-owned water works (the • "Works" ) in the Municipality. WHEREAS under Section 7 (2) and Section 8 of the Ontario Water Resources Act, R. S .O. 1980 , Chapter 361 , the Council of a municipality may by by-law authorize the Municipality to enter into an agreement with the Crown for the water works; • AND WHEREAS an Agreement (the "Previous Agreement" ) was • entered into between the Ontario Water Resources Commission (the predecessor of the Crown) and the Municipality on the 16th day of September, 1969, to provide water service by the Works in the Municipality at the expense of the Crown; AND WHEREAS the net capital cost of the Works in the amount of S54 , 242 appearing on the records of the Crown has already been paid to the Crown by the Municipality; AND WHEREAS the Municipality wishes to take over the ownership and operation of the Works ; 1 AND WHEREAS the Previous Agreement requires appropriate • modification which will be accomplished by execution of the agreement annexed hereto as Schedule 'A' ; 411 II • • • • • MOVED BY ,�,u � rJSECONDED BY J `/ :1) THAT by-law 88-08 be reed a first time . Read an c rr;ed AfjzMCI _ SECONDED BY A �� MOVED BY �,,, � THAT by-law 8:-i'se read a second time . Read 4,dispe s dd with . Z� f� I y, MOVED BY A \I J'l f�`' SECONDED BY THAT by-law 88-08 be read a third time . Reading dispensed with , finally passed. I-1 A AND WHEREAS the Municipality proposes to repeal all special water rate by-laws set out below. NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE VILLAGE OF PORT BURWELL ENACTS AS FOLLOWS : 1 . The municipality shall acquire the ownership and operation of the Works; 2. The Reeve and Clerk are hereby authorized 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. 3 . The Frontage rate by-law No. 223 dated the 12th day of November, 1968, Connection Charge By-law No. 224 dated the 12th day of November, 1968, are hereby repealed. • 4 . The cost for operating the Works is raised by a water service rate imposed by By-law No. 86-15 . 5 . This By-law shall come into force and take effect upon receiving the approval of the Ontario Municipal Board. BY-LAW READ A FIRST AND SECOND TIME THIS DAY OF , A. D. 198 . i ` REEVE CLERK 0010 BY-LAW READ A THIRD TIME AND FINALLY PASSED THIS DAY OF Ij 198 I • REEVE . CLERK II SCHEDULE "A" TO BY-LAW NO. OF THE CORPORATION OF THE VILLAGE OF PORT BURWELL. This Agreement made in four copies this day of , 19 . • BETWEEN : HER MAJESTY THE QUEEN IN RIGHT OF ONTARIO AS REPRESENTED BY THE MINISTER OF THE ENVIRONMENT (hereinafter called the "Crown" ) OF THE FIRST PART • - and - THE CORPORATION OF THE VILLAGE OF PORT BURWELL (hereinafter called the "Municipality" ) OF THE SECOND PART WHEREAS pursuant to an Agreement (the "Previous Agreement" ) dated the 16th day of September, 1969, between the Ontario Water Resources Commission and the Corporation of the Village of Port Burwell , a water works (the tertiary "Works" ) was constructed to provide water service for the Municipality; and • WHEREAS the Previous Agreement provides not only for construction and operation of the tertiary works but also for the supply of water to the tertiary works from the primary system known as the Lake Erie Water Supply System and • the secondary system known as the Lake Erie Secondary Water Supply System Number Two. a WHEREAS pursuant to the Government Reorganization Act, 1972, the Crown is the successor to the Ont,.rio Water Resources Commission; and • WHEREAS the amount for capital cost of the tertiary works has now been recovered; and WHEREAS the Municipality wishes to take over the ownership and operation of the tertiary Works; and WHEREAS it is desirable to modify the Previous • Agreement accordingly; and WHEREAS the Council of the Municipality has passed 11 By-law No. authorizing the Municipality to enter into this agreement. WHEREAS the Ontario Municipal Board by its order • dated , 198 has approved the said by-law; THE PARTIES HERETO AGREE pursuant to Sections 7 (2) and 8 of the Ontario Water Resources Act as follows: 1 . The tertiary Works are hereby transferred by the Crown to the Municipality which shall own and operate them. 2 . The Municipality will pay to the Crown such expenses as the Crown incurs either before or after the date of this agreement and which the Crown would normally have recorded on its books as a cost of providing water service 11411 under the Previous Agreement if it had not been modified and for which the Crown issues an account to the Municipality. • I I - 3 - r 3 . The Crown will execute at the expense of the 1111 Municipality such further and other assurances as counsel may advise and the Crown agrees with respect to any property held by the Crown rfor the sole purpose of the tertiary Works . • 4 . The Previous Agreement dated September 16, 1969 , is hereby modified such that all obligations of the Crown as owner and operator of the tertiary works cease but all those obligations respecting the supplying of water to the tertiary works from the primary and secondary works continue in force. 5 . Subject to any amounts which may be owing pursuant to Section 2, the rate for water for the tertiary system under the previous agreement is reduced to zero. • IN WITNESS WHEREOF the parties have duly executed this agreement under seal . U HER MAJESTY THE QUEEN IN RIGHT OF ONTARIO AS REPRESENTED BY THE MINISTER OF THE ENVIRONMENT U MINISTER U • THE CORPORATION OF VILLAGE OF PORT BURWELL C/S MAYOR 101 • CLERK U 11 U U II 141110 U • q MINISTRY OF THE ENVIRONMENT STATLtIENT OF CAPITAL ACCOUNT (For fiscal year ended March 31 , 1987 ) Project No . : 5-0013-00-00 Project Name: Village of Port Burwell Water Works System PRINCIPAL OUTSTANDING • AS AT MARCH 31 , 1986 $110, 586 DEDUCT: o Accumulated Surplus as at March 31 , 1986 ( 56, 344 ) ' Prepayments - Cheque No. 079 $19, 574 . 93 (Dec . 31 , 1986 ) - Cheque No. 083 34, 667 . 07 ( 54, 242 ) (Jan . 20, 1987 ) PRINCIPAL OUTSTANDING 0 AS AT JAdUARY 20, 1987 • MINISTRY OF THE ENVIRONMENT INTERIM STATEMENT OF ADJUSTMENT (For fiscal year ended March 31 , 1987 ) rProject No. : 5-0013-00-00 Project Name: Village of Port Burwell Water Works System REVENUE REQUIREMENT • • Operating Costs • 1986/87 $ 5, 883 • 1987/88 (estimated) 2, 000 $ 7, 883 • Debt Charges (assume project refinanced as at Mar. 31, 1986) • • 1986/87 0 • 1987/88 _P.__ TOTAL REQUIREMENT TO MARCH 31 , 1988 $ 7, 883 (A) RECEIPTS • Ministry Billings paid by Municipality • 1986/87 $ 3, 108 • 1987 (March to December) 1 , 813 (7 x $259) $ 4, 921 ( B) ° Payment required at :lash 31 , 1938 :2-1211 962 (A-B) I � 111 • • MINISTRY OF THE ENVIRONMENT STATEMENT OF REVENUE AND EXPENDITURE (Comparative Data for the Fiscal Years ending March 31 ) Project No. : 5-0013-00-00 Proiect Name: Port Burwell Water Works System 1982/83 1983/84 1984/85 1985/86 REVENUE: Service 307 2, 175 1 , 742 2, 253 Frontage 15, 773 14, 318 17, 774 21 , 600 Connection 3 , 647 3, 300 4,064 4, 949 TOTAL 19, 727 19, 793 23 , 580 28, 802 EXPENDITURES: Operating 8, 716 13, 987 14,063 13,471 LONG-TERM DEBT MOF Debt - Construction 9, 297 9, 299 13, 678 9, 276 - - - -42, 786 OTHER TOTAL 18, 013 23 , 286 27, 741 -20, 039 ANNUAL SURPLUS (DEFICIT) 1 , 714 -3, 493 -4, 161 48, 841 PREY. YEAR CUMIIL. SURPLUS (DEF. ) 6, 826 9, 281 6, 911 2, 443 INTEREST ON CUM. SURPLUS (DEF. ) -741 -1 , 123 307 -5,060 CUM. SURPLUS (DEF. ) AT YEAR END 9, 281 6,911 2, 443 56, 344 ( ALL AMOUNTS IN DOLLARS UNLESS OTHERWISE INDICATED) r • MINISTRY OF THE ENVIRONMENT • TERMINATION AGREEMENT PROVINCIAL PROJECT NO: 5-0013 presented to THE VILLAGE OF PORT BURWELL •• 1 • • • • • • Ministry of the Environment Financial and Capital Management bench •ch 1')H8 • C sp.4d' irtaLy THE CORPORATION OF THE • VILLAGE OF PORT BURWELL BY-LAW No. 8R-ns BEING a by-law respecting the issue of licences in the Village of Port Burwell and establishing fees and regulations therefor. WHEREAS the Municipal Act authorizes municipalities to pass such by-laws as require the person carrying on, or proposing to carry on, a licenced • trade, calling, business or occupation to contribute a licence fee in the nature of a.tax for the privilege conferred by the licence; the primary object of such by-laws being the raising of revene; AND WHEREAS the Municipal Act provided a licencing power of different character, being the authority for such licencing by-laws as are enacted primarily for the purpose of enabling the municipality to regulate and govern the licenced trade or business and thoses engaged in it; the legislature has commonly fixed the maximum annual licence fee to be imposed under by-laws of this nature at a nominal amount; AND WHEREAS all licencing powers proceed upon express legislative grant, in the absence of which there is no authority to licence; AND WHEREAS Village Council is desirous of regulating and licencing mobile prepared food vending stalls. NOW THEREFORE TME COUNCIL OF THE CORPORATION OF THE VILLAGE OF PORT BURWELL ENACTS AS FOLLOWS: : 1. In this by-law, except where it is otherwise implied or shown by the context the word "person" shall include not only an individual, but also any body corporated, or politic, or party, or any firm and the heirs, executors, administrators, successors, or other legal representatives thereof, to whom the context may apply, and words imparting the singular nurbe_r shall include more persons or things as above described or things of the same • kind, than one, and words imparting the masculine gender shall be deemed to include the feminine gender. 2. From and after the passing of this by-law, all other by-laws and parts thereof that are inconsistent with the provisions of this by-law, shall be and the same are hereby repealed. a • 3. No person shall engage in or carry on any activity occupation business or callings mentioned in section 4 of this by-law unless and until he shall have procurred a licence authorizing him to do so, and shall have paid to the Village Treasurer the fee set out in the said section, with respect �-- to such licence and shall have complied with all of the provisions and conditions set out in other sections of this by-law relative to the acquisition of such licence, if applicable, and no such licence shall . be issued until such fee has been paid and such provisions and conditions have been satisfied as determined by the Village Clerk-Treasurer. -1- -2- 4. A) For a hawkers and pedlars licence, for a person who goes from place to place, or to a particular place with prepared food goods, that includes • french fries, hot dogs, hamburger, pogos, pizza, or any other food that requires deep frying for sale or to expose samples, which are to be delivered in the municipality afterwards. Non Residents of Village of Port Bruwell ; $- 1 ,000.00 B) For a transient Traders Licence to a person whose name has not been entered on the assessment roll and who is in the activity of offering deep fried foods for sale ; $ 1 ,000.119 • 5. Upon receipt of an application for a licence under section 4, the Village Clerk shall forthwith forward details of the application to: the Chief of the Village Fire Department who shall determine whether or not the premises named in the application caiply with the applicable fire regulations. e ; and the Chief Building Official who shall determine whether or not the P Remises named in the application have been lawfully constructed. • 6. Where any determination is made that the premises named in the application do not comply, the deficiences shall be specified and the Clerk shall notify the applicant in writing, of all dificiencies. 7. Where an applicant advises the Clerk that he disputes the determination made under section 5, the matter shall be referred forthwith to the Council who shall determine the matter. 8. The Clerk shall not issue a licence until the following have been provided; 1) All the information the applicant is obliged to supply. 2) The licence fee. 3) Confirmation ha each official named in Seciton 5. 4 ) The App= ig tfe agr?Rieiicec�ce�gd8mppasa�e gl, lc �gar��gePa Pdag=ee ig�ble • 9. Every licence issued under this by-law shall expire on December 31, unless revoked earlier. 10. This by-law may be suspended for given periods of time by resolution of the Village Council to accomodate special events or days. DUTIES OF THE BY-LAW ENFORCEMENT OFFICER. • 11. The By-law Enforcement Officer shall be charged with the enforcement of this by-law and shall do or cause to be done, the following; .�" a) Report to Council whenever he shall be required. b) Make all necessary inquiries on behalf of the Village with respect to suspension or revocation of licences and to examine vehicles and . equiprent if necessary. c) Prosecute all persons who shall offend against provisions of this by-law. -3- 12. No such licence shall be required for persons wholesaling supplies. • 13. The licencee shall at all times while carrying on business have his licence with him. r 14. Each section of this by-law is enacted and shall be read and construed as being, separate and severable fram the other sections of this by-law. ,'' 15. Any by-law inconsistent with the provisions of this by-law are hereby repealed. • 16. This by-law shall becare effective and take force from the date of the final passing hereof. 17. If any provision of this by-law is found by a Court of CaTcetent • jurisdiction to be ultra vires, such finding shall not affect the other provisions hereof. 18. Unless otherwise stated, any licence issued under this by-law shall be valid only from the date of its issue until December 31, of the year of its issue. 19. PENALTIES. 1) Every person who contravenes any of the provisions of this by-law is guilty of an offence and on conviction is liable to a fine of not less than $25.00 and not more than $1,000.00, exclusive of costs, and every such penalty is recoverable under the Provincial Offences Act, R.S.O. 1980. 2) The imposition of a fine or the payment thereof does not relieve • a convicted person from fulfilling any obligations for the neglect of which the penalty was imposed. 20. This by-law shall come into force and take effect on the day following the final passing thereof. • MOVED BY `�� SECONDED BY . •` `"`'� o jA �L That by-law 88-09 be read a first time. Read ane�•ried �,/ p 4 7_, -;,-(4— MOVED BY . ►i SECONDED BY That by-law 88-19 be -ad a second time. Read an dispensed /\ c MOVED BY . .._ ‘,\411._ SECONDED BY N ` Oc... That by-law 8: l•�1e read a third time. Reading dispensed with, finally passed / ` ----— - �� c. l/ / .� .' I. .# A • By-law Number 88-10 Being a by-law to amend by-law number 87-26 which zoned a certain parcel of land on the east side • of Elizabeth Street north of Wellington Street in the Village of Port Burwell Residential (R-1 and R-2 ) THE parcel of land as zoned residential (R-1 ) is adjusted to the new boundaries as shown on schedule AA as attached. THE parcel of land as zoned residential (R-2 ) is adjusted to the new boundaries as shown on schedule "AA" as attached. PAGE 30 of by-law 87-26 is amended as follows . PAGE 31 of by-law 87-26 is amended as follows . SECTION 6 RESIDENTIAL ZONE (R-1 ) REGULATIONS Page 30 6 . 1 PERMITTED USES Residential uses including seasonal dwellings 411 Home occupations Accessory uses 6 . 2 PERMITTED BUILDINGS AND STRUCTURES a) one single family dwelling on one lot b) buildings for permitted uses c ) accessory buildings for the permitted uses 6 . 3 MINIMUM LOT AREA where municipal sanitary sewage disposal facilities and piped municipal water supply are available ; -432 square metres for a single-family dwelling ( 4644 sq. ft. ) 6 . 4 MINIMUM LOT FRONTAGE where municipal sanitary sewage disposal facility and piped municipal water supply are available ; (fes inT rG -1Q.Smetres for a single-family dwelling 66 Page 31 410 6 . 6 MAXIMUM BUILDING COVERAGE -30 percent-single family 6 . 7 MAXIMUM BUILDING HEIGHT 9 .0 metres / . oli .. sou C071‘.1 • • 3 0 It u7- ■•i a1 • : I ` tir, p 1:t. -i i r \ Q \ PARK i................. • .«r.'• - ..• q,�.�..sow_.soon 00 ea 0 r lfl \ eh 04,941 3TRE2T 4# ee ee » ' , a. 114......, ' ' ORAFT PLAN OF SUSO VISION or /" M ... ea PART Of THE UNNUMBERED BLOCK NOR TN•EAST Of E111ABETH AND WELLINGTON STREETS w 4 ■ REG,STERED PLAN N. 30 ~� �. + VILLAGE Of PORT BURWELL •••••• ( ealetam.LT / PART OF LOT 13.CONCESSION I I STREET\2 \ "•• . . !e GEOGRAPHIC TOWNSHIP OF BAYNAM `_ Von COUNTY Of ELGIN scall• I feo •• —r.. 14 n .. `, Io le el a METRIC 2 ■ �'� elf\ 111: ••••114•V leve.w ...•non ell...•w•r- r ow.w.• -1 N e. •4 •• " . SURVE'IOW' CERTIFICATE •e.ew r �w0.••••• .... eon e.....1• «... \ 1/•1�YrYWM.sY/•.F.w1 .1 ••••••••(/_ =r.�...J���',±-_`•`r 1 ill s la NI\ 1111 ter 'Of i le .,.../ , THE PLANNING ACT Ila ■lt SOW r�' • _.•. ` / G-a won • ewe••• - • •W/e•u. 1 1114 t ' ���TR(� - i ' - • so . .••won l aad. a.• _ ••.•Goer.ewe I 041 . , . J .f: ei= y K I.w / 1 i/ i ROTES Ins.4: 1* ! ••• ......es ... wee....•.. t • II.. Gale••...r feel.*r r r••••w♦•r•..•v • • J ■ I •� \ • r sr... law. amen.. e•.*f •••••••••••••w Wer.* • • eel'.r rte••••. ••At•ea* ...I..••.w••M V • 1 / a L` e N 1.00•411.11• I1.00•411.111.00•411.11r e• ••••••• ••••••••••••.••••'• •••. • wee.=•-•l . !;w \ ' II .._ . . 11 s . �� �1 ■ART 1 PLAIN 1111•1019.1 } • OWNER'S CERTIFICATE ; ■e■Ia/IIRat I ./I.. fee. .. 111•001ew.r.•••••••••••lame /j . .m tee •o••••r. IIIII•..110.sola.•••.w•• Bear • sat •.4•0104••••Odle••r•.••••••.l 00,00-.Ile a elan • V. • / ..°.°. �e 15 ..l I.w1./71. ed<4.4.4«.1•414.44 . 14444•4•< w.•r• •III.■a•IM. . ..1sARi 1 RMT I tl-. I I •.. .•. ink PLAR MG • I.1• ••••••• r .4" .M ra .el as a ea a _ • 'I .• • ] 1 -----L.__-__—_ "'� 1.1 FART I lA•ROSRNTNw Gua 9''cm .1; elf* COUNTY ROAD 42 .o I WE::;NOmime STREET «IM NUSTED SUR VE LTD .• aLik ` Ie Limne►.I aI.OR 1 .�•44.0. ,4•1111.11014 P • oon.. .r I•. 1. e _ µaJs ` t ee-�0 O14 • 0 •ZOGRAM • C)FE% ICIAL 1111feNI Nc3 - 0 Canada . Master of Cere^ :.:. s- ^on Bradfield. President P.,rt Furwel l Non Profit : ausirg rr;'ra t i;'n Reeve Village :•r Fart P4rwell - Welcome and I::trs,tuct:,rt-- — — - --- Cindy All in. ^I.''_'... or l�� - I? :tory of F:' ' -t_ . Brydon G::e:•, rector - Unvailing , f p ue- [ILDavid M:_,:-r:'. . ;rector - Special thanks- Ed Bradfield, Direct ,r - Greetings from The Tc. n:hip of Fayham -� - Greetings from Village of Vienna f - Greetings-Elgin ?unty Warden e_____i__ - Wi l l i am "Pill " Mart y:J - Greetings from the Provincial .. Government- Marietta Roberts M. P. F. c- __ - Greetings from the Federal Government - -= 4i-- - Prayer of Dedication and Greetings- = Father J. Mocney, D irect.'r -- - Ribbon Cutting Ceremony _____ . - God Save the r?ueen '__ MILTON TOw T: R. • • • • 6 .8 MINIMUM FLOOR AREA, 78 . 0 square metres • 6 .9 MINIMUM FRONT YARD DEPTH 5 .0 metres 6 . 10 MINIMUM SIDE YARD WIDTH a) Attached Garage or Carport : -side yard on each side of the combined buildings . 7 metre plus 0 . 5 metres for each additional or partial storey above the first storey. THIS by-law c• es ; ' nto/full force and effect on date of passing . MOVED BY J SECONDED BY A414 . . ./. _ P June7/818 THAT by-aw : 10 •e -ad a first tim- /Re:' • : • carried. .,, i,t MOVED BY /" SECONDED B A A..._ / DATE June 2;e4dTHAT by-la . 8 I . ead a second tie. •'-ad d dispensed / ` I �, ` , 4ag, �/�t (�.1/ Juno-2-7/88 8 • MOVED BY �/� .k... 1 . SECONDED BY /'� DATE / THAT by-law 88-1k be read a third time . Reading dispensed with finally pased . ,./6- 1/4 CA-1 By-Law number 88-11 • Being a by-law to establish a Community Historical Board, known as the Port Burwell Community and Historical Board . WHEREAS Section 208 paragraph 23 RSO chapter 302 The Municipal Act empowers Council to pass a by-law for the keeping in the custody of the Municipality things of historical value or interest donated or loaned to the Municipality and for entering into agreement with the donor or lender. WHEREAS Section 208 paragraph 57 item (e) Chapter 302 RSO 110 empowers Council to appoint such number of persons who are qualified to be elected as members of Council to act on its behalf as a board of management for maintaining operating and managing the Lighthouse and the Museum. COUNCIL enacts as follows ; 1 . The Community Historical Board shall consist of at least three persons appointed by Council to hold Office at the pleasure of Council . These persons may be appointed by resolution . 2 . The Board must have all capital expenditures in excess of five hundred dollars approved by Council prior to spending . 3 . The Board must meet at least three times a year. 4 . The by virtue of his Office shall be a member of the 4/0 Board wiH- full rights of a Board member . 411 5 . The Board may establish its own bank account under the care and control of the Municipal Treasurer. 6 . The Board is hereby charged with specific duties of (a) operating the Museum (b) operating the Lighthouse l.l f i • (c) promotion interest in the history and heritage of Port Burwell • 7( The Village of Port Burwell will (a) maintain ownership of the Lighthouse and Museum (b) provide all insurance coverage (c) pay such remuneration to the board members from tithe to time as Council sees ' t• 7 / ‘ MOVED BY _. �r �. SECONDED BY I `- 4 . • r.�.., Z,, 6e That by- a 88r 1 •-. .ad a first ti , - . ' ead and ried. MOVED BY . SECONDED BY `,�� DATE Z Q That by-law 88-11 be re- • a s - and time. la= nd di : .ensed.f .' • MOVED BY L. .,.. '. 4 - - - % • 0 ED BY _ NW ' DATE it That by-law 8:-11 be r'ad a third time . Reading dispensed wi , 46.444 • finally passe• ._ 0.„0-4.1a.," gift' dvA P • • IIIIIIL • BY-LAW NUMBER 88-12 Being a by-law to allow the encroachment of a portion of a building at 22 Pitt Street part lot 15 , plan 12 Pitt Street onto property known as market square owned by the Corp- oration of the Village of Port Burwell . WHEREAS the Corporation of the Village of Port Burwell ' is owner • of a parcel of land designated as 24 Pitt Street (market square ) WHEREAS the Corporation of the Village of Port Burwell is desirous of allowing the building located on Part 7 Plan 11R2760 to encroach on the Village owned property. IT IS ENACTED that the Clerk be authorized to sign the attached agreement marked appendix A-1 which forms part of this by-law. THIS by-law comes into 11 force and eff ct date passing . 1 40 MOVED BY .._` SECONDED BY DAT16 6T That by-law/: :7 .e r- : a first time. Read and c ed. • MOVED BY I/ _ �_ ' ' Seconded By �� MI DAT Fe That by-1 w 8 12 be read a second ffi'M dispen edMOVED BY SECONDED BY DATE ed Iff That by-Jaw 88-12 be read = third time . Reading' dispensed with f inal l ►! ass / Elwood Varty-Clerk Ron radfiel.-Reeve , 411 , 111 411 • • g • DATED September 9th 1988 THE CORPORATION OF THE VILALGE OF PORT BURWELL AND ANNE SHIRLEY MANION ENCROACHMENT AGREEMENT GIBSON, LINTON, TOTH & CAMPBELL Barristers and Solicitors 36 Broadway Tillsonburg, Ontario N4G 3P1 A \ y THIS GRLEMENT made in duplicate this day of September, 1988. BETWEEN : THE CORPORATION OF THE VILLAGE OF PORT BURWELL Hereinafter called the "Village" • of the FIRST PART • - and ANNE SHIRLEY MANION, of the Village of Port Burwell, in the County of Elgin, • Hereinafter called the "OWNER" of the SECOND PART WHEREAS the Owner is the registered owner of lands and premises in the Village of Port Burwell, in the County of Elgin, being more particularly described in Appendix "1" attached hereto; AND WHEREAS the building constructed on the lands described in Appendix "1" encroaches on the Market Square as shown on the sketch attached as Appendix "2"; AND WHEREAS the Owner has requested the Village to allow the use and maintenance of the said encroachment for such period • of time as the building remains in its proposed location; AND WHEREAS the Village is of the opinion that allowing such use and maintenance would not be against the public interest. NOW THEREFORE THIS AGREEMENT WITNESSETH that in consideration of the premises and the sum of ONE DOLLAR ($1.00) of lawful money of Canada, now paid to the Village by the Owner, the receipt whereof is hereby acknowledged, the Parties hereto agree as follows: 1. The Owner shall be allowed the use and maintenance of that portion of the building which encroaches on the Market Square as set out on the attached sketch, provided that such . use and maintenance of such portion shall at all times be at the Owner's risk. Par . The Owner, their successors and assigns, as owners nd occupiers from time to time of the said lands described in Appendix "1" attached hereto, will at all times indemnify and save harmless the Village of and from all costs, losses and damages which the Village may suffer, be at or be put to for or by reason of or on account of the existence of the said encroachment or the se or maintenance of the said encroachment • or anything which ma arise by reason of the use and maintenance of said encroachment or by reason of the existence, use, maintenance, or repair or lack of repair of the said encroachment. 3. Upon the demolition of the said building encroaching on as aforesaid, this Agreement shall be terminated and shall be of no force and effect whatsoever. . 4. This Agreement shall be binding upon the Owners, their successors and assigns, as owners and occupiers from time to time of the said lands and premises and the covenants herein contained shall be deemed to run with the said lands and premises and bind the owners and occupiers thereof from time to time. IN WITNESS WHEREOF the parties hereto have hereunto set their hands and seals. SIGNED, SEALED and DELIVERED in the presence of: THE CORPORATION OF THE VILLAGE OF PORT BURWELL 411 tic-40 " "p L61—e.,2,e-,e iiiAnne Shirley Manion APPENDIX "1" 1/."//// All and singular that certain parcel or tract or land and premises situate, lying and being composed of part of Lots 14 and 15 west of Erius Street according to Registered Plan 12 of the Village of Port Burwell, designated as PART • 7 on Plan 11R-2760. • • • Be DING L OCA T/ON SUR VE OF PART OF LOTS 14 AND 15 WEST OF ERIEUS STREET PITT STREET REGISTERED PLAN No. 12 VILLAGE OF PORT BURWELL '`�.<'t` �e�'�� + `0�11'•�� �s.N'' COUNTY OF ELGIN S Mr50'30"E IRE FERENCC SEARING! 1 --{1 ' 330 O' f ~— 215 0' 1 1 NOS 1 O -}1- 02 0' �0 I I ` , SCALE - 11NON • 20 CECT I I , 3 5X� 37- ^ 0 I -I �J��- . o"•• " I ;1_i KIM S. RUSTED O.L.S. ,� II • Z 0�'3.0°.:4P:1;1 ° r'� E $ D w ^I IQ I roO la 1988 di �J�'l�p,,I° e 3 :, = i �1 `` b • >� 1 LI ' 4t,"u. !DT 15 I '""'( MARKET SQUARE b Cr. o ` Il ADDITION F„ CC tl En o w jjs • w ,� nQ SURVEYOR'S CERTIFICATE z I • C v + f3� �� ICERTIFY THAT THE FIELD Stay(V RE MESEMT[O ST THIS KY Z 1 w SSS• Si. R '`�1� M y 0 g `SO�� • �1 WAS COMPLETED OH THE 25th DAY or AUGUST ISN 0 F H [_ 4Jd�-• IT 0' --4--. •5 0'I INST NO MOM z h1" ` P 1-SB56 SIJ E- X ,�' g :10 DATED RIM S.RUSTED - , EC .G� ONTARIO LAND SURvEr011 0CC) i WI .�_ i Q I a TO BE VALID ; I = a n EACH COPY OP THIS PLAN ON DDDINSSYT P. p 1, MUST GE 190101111110�; �O-r 1 4 r ly, %%TH THE ONTAI110 LAID R"IYS 'S MK A. Ili WE ASSUME NO REIPOIISIRUM 4.12,-., " F W NOTES FOR ANY PLAN ON 00c1R+NT NOT wDm eOEE 1 D � m 01 1[ (I)- BEARINGS ARE ASTRONOMIC ARO ARE REFERRED TO THE Q r _ SOUTHERLY LIMIT or PITT STREET A3 swimN_ON PLAN 1 I p. "' 0 IL (n Ii R-2760 HAVING A SEARING OF SSP SG set Q\/ R • NA f A. n a O z zI I I I CHAIN LINK FENCE -7. LlL— to 7 D—A y J �� •60' --.. 5SG•5e's0-E /•0 •---I-� l� � r .•'� �''' ..;`�'` w LEGEND OTS;11F441101,�INST MD 22510• O • DENOTES SURVEY MONUMENT iOUIO IO` 1.11 O DENOTES SURVEY MOMUTAENT SET r SIS DENOTES STANDARD IRON SAN!O T 1 3 IS DEMOTES IRON OAR M1T) DENOTES 'ACTRESS 0 DENOTES ROUND IRK 1 DENOTES P -KALON NASONARY NAIL ...... wr.... t•e .r r I • I . . ri---\ THE MUNICIPALITY OF VILLAGE OF PORT BURWELL Meeting .. ,19..6 , ii, I 1 , Moved By Z. P . .' ti-- ••_�.`�� �i 1 �' That leave be granted to introduce Bylaw* Seconded B ' ,�WO - .--!..}7 — I S rib C _ IL- a-v�-L ep,t,v--1-4-3-kr Tic., ti it -t)a& C.:- Ia--C. 4111 and that By-law presented herewith be read a first time. l / Ete„....e_ By-law read a ..___.f ---._ time CeiA/4441 /2t .. - 1,—ii //1( Moved By _.-. C ---- t By-law now read a first time be read a second time forthwith. ,Seconded By - _ zu*-.-- qq ki-,- By-law read a ____._1,.. nine Moved By ._.____.. r1-^1' That By-law now read a sass si-time be read a third time forthwith. Seconded B __ _. � -. C By-la read a . L/ff.J — time �s 4,, � �;\4 ',„,,c) 411 / i i Moved By That By-law now read a third time do pass, be engrossed by the Clerk, and signed and Seconded By sealed by Reeve. - T7 Ministry M W inisters of the de Environment I'Environnement Ontano 135 St Clan Avenue 1Afest ' 135 avenue St Clair ouest Suite 100 Bureau 100 Toronto Ontario Toronto(Ontario) M4V 1P5 M4V 1P5 April 20 , 1989 Mr . E. Varty Clerk Treasurer Village of Port Burwell P . O. Box 299 Port Burwell , Ontario NOJ 1TO Dear Mr . Varty: Re: Village of Port Burwell Provincial Water Project No. 5-0013 OMB Order G 6920 68 Agreement to Modify Existing Provincial Service Agreement to Transfer Ownership and Operations to the Municipality We are pleased to enclose one ( 1) fully executed copy of the following document: Agreement to modify existing Provincial Service Agreement to transfer Ownership and Operations to the Municipality. Please arrange for the appropriate insurance coverage on the Works . Yours very truly , t ,4/11/ C Miss Margaret Geldart Sr . Field Service Officer Capital Management Section Financial and Capital Management Branch MG/lb Enclosure • 4 MOE PROJECT #5-0013 OMB FILE #G6920-88 SCHEDULE "A" TO BY-LAW NO. D e`/3 OF THE CORPORATION OF THE VILLAGE OF PORT BURWELL. This Agreement made in four (4) copies this 3I=t day of "i1\w „ , 1989. BETWEEN : HER MAJESTY THE QUEEN IN RIGHT OF ONTARIO AS REPRESENTED BY THE MINISTER OF THE ENVIRONMENT (hereinafter called the "Crown") OF THE FIRST PART --and-- THE CORPORATION OF THE VILLAGE OF PORT BURWELL (hereinafter called the "Municipality" OF THE SECOND PART WHEREAS pursuant to an Agreement (the "Previous Agreement") dated the 16th day of September 1969, between the Ontario Water Resources Commission and the Corporation of the Village of Port Burwell, a water works (the tertiary "Works") was constructed to provide water service for the Municipality; and WHEREAS the Previous Agreement provides not only for construction and operation of the tertiary works but also for the supply of water to the tertiary works from the primary system known as the Lake Erie Water Supply System and the secondary system known as the Lake Erie Secondary Water Supply System Number Two. • • - 2 - WHEREAS pursuant to the Government Reorganization Act, 1972, the Crown is the successor to the Ontario Water Resources Commission; and WHEREAS the amount for capital cost of the tertiary works has now been recovered; and WHEREAS the Municipality wishes to take over the ownership and operation of the tertiary Works; and WHEREAS it is- desirable to modify the Previous Agreement accordingly; and WHEREAS the Council of the Municipality has passed By-Law No. ge-/3 authorizing the Municipality to enter into this agreement. WHEREAS the Ontario Municipal Board by its Order dated 2 December 1988 has approved the said by-law; THE PARTIES HERETO AGREE pursuant to Sections 7 (2) and 8 of the Ontario Water Resources Act as follows: 1. The tertiary Works are hereby transferred by the Crown to the Municipality which shall own and operate them. 2. The Municipality will pay to the Crown such expenses as the Crown incurs either before or after the date of this agreement and which the Crown would normally have recorded on its books as a cost of providing water service under the Previous Agreement if it had not been modified and for which the Crown issues an account to the Municipality 3. The Crown will execute at the expense of the Municipality such further and other assurances as counsel may advise and the Crown agrees with respect to any property held by the Crown for the sole purpose of the tertiary Works. • • - 3 - 4. The Previous Agreement dated 16 September 1969, is hereby modified such that all obligations of the Crown as owner and operator of the tertiary works cease but all those obligations respecting the supplying of water to the tertiary Works from the primary and secondary works continue in force. AO 5. Subject to any amounts which may be owing pursuant to Section 2, the rate for water for the tertiary system under the Previous Agreement is reduced to zero. IN WITNESS WHEREOF the parties have duly executed this agreement under seal. THE CORPORATION OF THE HER MAJESTY THE QUEEN VILLAGE OF PORT BURWELL IN RIGHT OF ONTARIO AS REPRESENTED BY THE MINISTER OF THE ENVIRONMENT • tA41- REEVE MINISTE • A -Aar/ CLERK / 111 410 MINISTRY OF THE ENVIRONMENT STATEMENT OF CAPITAL ACCOUNT Project No. : 5-0013-00 Project Name: Village of Port Burwell Water Works System PRINCIPAL OUTSTANDING AS AT MARCH 31, 1986 $110,586 DEDUCT: o Accumulated Surplus as at March 31, 1986 56,344 o Prepayments: - Cheque No. 079 $19,574 .93 (Dec 31/86) - Cheque No. 083 34,667.07 54,242 (Jan 20/87) PRINCIPAL OUTSTANDING AS AT JANUARY 20, 1987 0 .‘4 • . 44 4 THE MUNICIPALITY OF VILLAGE OF PORT BURWELL • Meeting ,19 et • , • Moved By a i ..i That leave be granted to introduce By-law if Seconded By Ar'll(----,42,2„. Th, ig 6 - itt a. # 6.,____ 1-•)4-1- 4‘-'''' er44.°"4"-- ,X 7 ttt 4 ‘7k 411 and that Bylaw presented herewith be read a first time. By-law read a iiR1.-- time 0----ct: ..-c eg4..,9-aQ4-1-.4--- Moved By .....6--t-e illp . s _____. -4--- , : _... / . That By-law now read a first time be read a i second time forthwith. Seconded By I By-law read a S ' - , time (44A/,--e4 ie Moved By -Ca_4-. -_...SI 74--40 / That By-law now read a goosed time be read a third time forthwith. i ,,,, Seconded By -"%‘-e-- 111111 By-law read a -_ _,:........f . -time eir-/ \Kgp-u-4 Moved By That By-law now read a third time do pass, , be engrossed by the Clerk, and signed and Seconded By I sealed by the e. • MOE File N 1-0337 OMB File 0 E 78388 SCHEDULE "A" TO BY-LAW NO. 88-14 OF THE CORPORATION OF THE VILLAGE OF PORT BURWELL. THIS AGREEMENT made in three copies this day of A.D. , 198 . • BETWEEN: • HER MAJESTY THE QUEEN IN RIGHT OF ONTARIO AS REPRESENTED BY THE MINISTER OF THE ENVIRONMENT (hereinafter called the "Crown") OF THE FIRST PART --and-- THE CORPORATION OF THE VILLAGE OF PORT BURWELL (hereinafter called the "Municipality") OF THE SECOND PART WHEREAS the Municipality and the Crown wish to enter into an agreement to provide for the operation of • the Works described in Schedule "A" hereto, which the Municipality represents are presently owned by it and which has direct access from an open public road and for the addition from time to time, of other works to this agreement (all of which sewage works as they from time to time exist, are sometimes referred to herein as the "Works") ; 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; 1110 and WHEREAS the Council of the Municipality on the Lf day of 11c4,---198q, passed By-law No. 88-14 authorizing the Municipality to enter into this agreement. -2- • NOW THEREFORE THIS AGREEMENT WITNESSETH that in consideration of the covenants, conditions and payments hereinafter set forth the Parties agree as follows: 1. (a) 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; (b) '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 times to indemnify and save harmless the Crown from and against all claims including: (a) all claims from property damage or injuries, including injuries resulting in death, to any property or person or persons and any consequential damages arising from such damages or injuries whether such damages 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 Workers' 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 proceedings 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 this agreement, except to the extent that the Crown is indemnified under a policy of insurance part or all of the premiums of which are charged to the Municipality by the Crown pursuant,to this or another agreement in relation to water or sewage works or to the extent such amount is recoverable and is recovered by the Crown from another person. -3- • 3. (1) The Crown will establish and maintain a reserve account or accounts for the Works to provide for renewals, replacements, alterations, extensions and contingencies in respect of the Works, and shall credit such reserve accounts and expend, use, apply, utilize and appropriate therefrom for such purposes such amounts as any, in the opinion of the Crown, be sufficient therefor. (2) The amounts in any reserve accounts 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 appropriate 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. When any such funds or any portions thereof are held in the Consolidated Revenue Fund of Ontario such interest or other earnings as the Treasurer allows shall be included in the earnings of the funds. 4. (1) The Municipality agrees to pay the Treasurer • of Ontario and Minister 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 of such years, of the operation, supervision, maintenance, repairs, administration and insurance of the Works as determined by the Crown in its sole discretion after consultation with the Municipality. III (b) The total amount in each such year placed by the Crown to the credit of a reserve account for renewals, replacements, alterations, extensions and contingencies in respect of the said Works; but not exceeding the amounts specified in Schedule "A" from time to time. -4- 5. (1) The Municipality shall pay to the Treasurer quarterly and not later than the 15th day 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 Muncipality. • (3) In each year the Crown shall deliver to the Municipality a statement showing how the charges hereinbefore referred to are made up. (4) The accounts kept and the precepts or accounts issued for purposes of this agreement may be combined with those kept and issued for the purposes of any other agreement between the parties. 6. The Crown may shut off or reduce the volume of sewage collected or treated for the Municipality in cases of emergency or breakdown, or when it may otherwise be necessary in the performance of this agreement, but the Crown shall, when practicable endeavour to give • to the Municipality reasonable notice of intention to reduce the volume of sewage. 7. No Municipality other than the Municipality and no person other than persons located within the Municipality shall be connected to the sewage works without the prior written consent of the parties hereto. 8. (1) The Crown's obligation to operate the Works shall continue until terminated in accordance herewith or by subsequent agreement between the parties hereto. (2) Either party may terminate the Crown's • obligation to operate the Works under this agreement by one year's written notice to the other. -5- 9. 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 3 hereof, and all earnings allocated to such account. 10. 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 the later, the Municipality will pay the Treasurer any sum 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, 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. 11. Upon by-laws in 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 affixing the Minister's signature to such additional parts of Schedule "A" . 12. Any additional parts of Schedule "A" will specify the date on which the Crown will become responsible for the operation of the additional works from which date the Municipality will be responsible for the payments set out in section 5 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. 6-• -6- 111 13. The Crown's obligation to operate the Works may be terminated as provided in sections 8, 9 and 10 with respect to the Works described in any part or parts of Schedule "A". In the event of a termination with respect to only some of the works operated hereunder the Crown may return all, part or none of the reserve account as the Crown in its sole discretion determines. 14. Upon the termination of the Crown's obligation to operate the Works, the Municipality hereby agrees, subject to the Successor Rights (Crown 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 terms and conditions of employment as employees of the Municipality in similar positions may enjoy at the date of termination provided that the pay of any Crown employee who accepts such offer shall not be reduced below the level which he would be entitled to receive from time to time under the schedule of pay under which he was employed by the Crown in force at the date of termination, and he shall be entitled to an annual vacation with pay for a period not less than he was entitled to at the date of such termination and• his accrued pension rights shall be transferred under the Ontario Municipal • Employee Retirement System Act Regulation. 15. This agreement and the covenants, provisos, conditions and schedules herein shall enure to the benefit of and be binding upon the respective heirs, executors, administrators, successors or assigns of each of the parties hereto. 16. This agreement is subject to the provisions as they be amended from time to time of the Ontario Water Resources Act and the Regulations thereunder. -7- 17. IN WITNESS WHEREOF the Parties have duly executed thisoagreement. THE CORPORATION OF HER MAJESTY THE QUEEN IN THE VILLAGE OF PORT BURWELL RIGHT OF ONTARIO AS REPRESENTED • BY THE MINISTER OF THE • - ENVIRONMENT C/S REEVE MINISTER • / ERK • Schedule "A" to an Agreement between the Minister of the Environment and the Corporation of the Village of Port Burwell. Description of Works Sanitary sewer system, pumping station and forcemain and • treatment plant. VALUE For Insurance Purposes: $3,108,000 • RESERVE ACCOUNT Maximum Maximum Annual Charge Balance To be determined in consultation with the Municipality at a later da t e. • S MOE File # 1-0337 OMB File # E 78388 • SCHEDULE "A" TO BY-LAW NO. 88-14 OF THE CORPORATION OF THE VILLAGE OF PORT BURWELL. THIS AGREEMENT made in three copies this WA day of T' ZoJ� A.D. , 1989. BETWEEN: HER MAJESTY THE QUEEN IN RIGHT OF ONTARIO AS • REPRESENTED BY THE MINISTER OF THE ENVIRONMENT (hereinafter called the "Crown") OF THE FIRST PART --and-- THE CORPORATION OF THE VILLAGE OF PORT BURWELL (hereinafter called the "Municipality") OF THE SECOND PART WHEREAS the Municipality and the Crown wish to enter into an agreement to provide for the operation of the Works described in Schedule "A" hereto, which the Municipality represents are presently owned by it and • which has direct access from an open public road and for the addition from time to time, of other works to this agreement (all of which sewage works as they from time to time exist, are sometimes referred to herein as the "Works") ; 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 ! (f day of f- 198 , passed By-law No. 88-14 authorizing the Municipality to enter into this agreement. III • • III -2- NOW THEREFORE THIS AGREEMENT WITNESSETH that in consideration of the covenants, conditions and payments hereinafter set forth the Parties agree as follows: 1. (a) 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; (b) 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 times to indemnify and save harmless the Crown from and against all claims including: (a) all claims from property damage or injuries, including injuries resulting in death, to any property or person or persons and any consequential damages arising from such damages or injuries whether such damages 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 Workers' 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 proceedings 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 this agreement, except to the extent that the Crown is indemnified under a policy of insurance part or all IIIof the premiums of which are charged to the Municipality by the Crown pursuant to this or another agreement in relation to water or sewage works or to the extent such amount is recoverable and is recovered by the Crown from another person. 111 -3- 3. (1) The Crown will establish and maintain a • reserve account or accounts for the Works to provide for renewals, replacements, alterations, extensions and contingencies in respect of the Works, and shall credit such reserve accounts and expend, use, apply, utilize and appropriate therefrom for such purposes such amounts as any, in the opinion of the Crown, be sufficient therefor. (2) The amounts in any reserve accounts 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 appropriate 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. When any such funds or any portions thereof are held in the Consolidated Revenue Fund of Ontario such interest or other earnings as the Treasurer allows shall be included in the earnings of the funds. 4. (1) The Municipality agrees to pay the Treasurer of Ontario and Minister 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 of such years, of the operation, supervision, maintenance, repairs, administration and insurance of the Works as determined by the Crown in its sole discretion after consultation with the Municipality. (b) The total amount in each such year placed by the Crown to the credit of a reserve account for renewals, replacements, • alterations, extensions and contingencies in respect of the said Works; but not exceeding the amounts specified in Schedule "A" from time to time. S I -4- 5. (1) The Municipality shall pay to the Treasurer • quarterly and not later than the 15th day 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 acccrdance 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 Muncipality. (3) In each year the Crown shall deliver to the • Municipality a statement showing how the charges hereinbefore referred to are made up. (4) The accounts kept and the precepts or accounts issued for purposes of this agreement may be combined with those kept and issued for the purposes of any other agreement between the parties. 6. The Crown may shut off or reduce the volume of sewage collected or treated for the Municipality in cases of emergency or breakdown, or when it may otherwise be necessary in the performance of this agreement, but the Crown shall, when practicable endeavour to give to the Municipality reasonable notice of intention to reduce the volume of sewage. • 7. No Municipality other than the Municipality and no person other than persons located within the Municipality shall be connected to the sewage works without the prior written consent of the parties hereto. 8. (1) The Crown's obligation to operate the Works shall continue until terminated in accordance herewith or by subsequent agreement between the parties hereto. (2) Either party may terminate the Crown's obligation to operate the Works under this agreement by one year's written • notice to the other. • • -5- 9. 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 3 hereof, and all earnings allocated to such account. 10. 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 the later, the Municipality will pay the Treasurer any sum 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, 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. 11. Upon by-laws in 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 affixing the Minister' s signature to such additional parts of Schedule "A" . 12. Any additional parts of Schedule "A" will specify the date on which the Crown will become responsible for the operation of the additional works from which date the Municipality will be responsible for the payments set out in section 5 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. 110 11, -6- 13. The Crown's obligation to operate the Works may • be terminated as provided in sections 8, 9 and 10 with respect to the Works described in any part or parts of Schedule "A" . In the event of a termination with respect to only some of the works operated hereunder the Crown may return all, part or none of the reserve account as the Crown in its sole discretion determines. 14. Upon the termination of the Crown's obligation to operate the Works, the Municipality hereby agrees, subject to the Successor Rights (Crown 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 terms and conditions of employment as employees of the Municipality in similar positions may enjoy at the date of termination provided that the pay of any Crown employee who accepts such offer shall not be reduced below the level which he would be entitled to receive from time to time under the schedule of pay under which he was employed by the Crown in force at the date of termination, and he shall be entitled to an annual vacation with pay for a period not less than he was entitled to at the date of such termination and• his accrued pension rights shall be transferred under the Ontario Municipal Employee Retirement System Act Regulation. • 15. This agreement and the covenants, provisos, conditions and schedules herein shall enure to the benefit of and be binding upon the respective heirs, executors, administrators, successors or assigns of each of the parties hereto. 16. This agreement is subject to the provisions as they be amended from time to time of the Ontario Water Resources Act and the Regulations thereunder. • . . . • • -7- • 17. IN WITNESS WHEREOF the Parties have duly executed this agreement. THE CORPORATION OF HER MAJESTY THE QUEEN IN THE VILLAGE OF PORT BURWELL RIGHT OF ONTARIO AS REPRESENTED BY THE MINISTER OF THE ENVIRONMENT °4IZ C/S • REEVE MINIST 11111 2 : CLERK • 111 Schedule "A" to an Agreement between the Minister of the Environment and the Corporation of the Village of Port • Burwell. Description of Works Sanitary sewer system, pumping station and forcemain and treatment plant. • VALUE For Insurance Purposes: $3,108,000 • • RESERVE ACCOUNT $ Maximum Maximum Annual Charge Balance To be determined in consultation with the Municipality at a later date. S 4 MOE File # 1-0337 OMB File # E 78388 411 SCHEDULE "A" TO BY-LAW 88-12 OF THE CORPORATION OF THE VILLAGE OF PORT BURWELL. THIS AGREVENT made in four copies this 3 1 s4 day of ' •(")0.t/C,C� A.D. , 1989 . BETWEEN: HER MAJESTY THE QUEEN IN RIGHT OF ONTARIO AS REPRESENTED BY THE MINISTER OF THE ENVIRONMENT (hereinafter called the "Crown") OF THE FIRST PART • --and-- THE CORPORATION OF THE VILLAGE OF PORT BURWELL (hereinafter called the "Municipality") OF THE SECOND PART WHEREAS pursuant to an Agreement (the "Previous Agreement" ) dated the 28th day of August 1980, between the Crown and the Municipality sewage works (the "Works") were constructed to provide sewage service for the Municipality; and WHEREAS the net capital cost of the Works in the • amount of $224,952 has already been paid by the Municipality to the Crown; and WHEREAS the Municipality now wishes to take over the ownership of the Works and wants the Crown to continue to operate the Works (described in Schedule "A" attached) under a separate agreement; and WHEREAS it is desirable to terminate the Previous Agreement as nothing remains to be done under it; and WHEREAS the council of the Municipality has passed By-law No. 88- 12 authorizing the Municipality to enter into 411 this agreement. • i I -2- WHEREAS the Ontario Municipal Board by its Order dated 7) , 1986 has approved the said by-law. THE PARTIES HERETO AGREE pursuant to Sections 7 (2) and 8 of the Ontario Water Resources Act as follows: 1. The Works are hereby transferred by the Crown to the Municipality which shall own them. 2. • 3. bTiMeshuesennuieCctsrineeoateopisrwshrawacnemnnliatiinawtacyitcleosl duuneceouatxh nedctfouuftrotetrhheaewtr hMnuitaosgvgtcnhnrehied etesicheiertfeiowhpxteapheleCinr rtsoyeaws. nos ufuwrnoircehctta ehn ech e s as counsel may advise and the Crown agrees with respect to any property held by the Crown for the sole purpose of the Works. 4. The Previous Agreement dated August 28, 1980 is hereby terminated. IN WITNESS WHEREOF the parties have duly executed • this agreement. THE CORPORATION OF HER MAJESTY THE QUEEN THE VILLAGE OF PORT BURWELL IN RIGHT OF ONTARIO AS REPRESENTED BY THE MINISTER OF THE ENVIRONMENT • REEVE C/S M . TER • • ( 4,0100011111110 CLERK r • Schedule "A" to an Agreement between the Minister of the t Environment and the Corporation of the Village of Port Burwell. • Description of Works Sanitary sewer system, pumping station and forcemain and treatment plant. • VALUE For Insurance Purposes: $3,108,000 • RESERVE ACCOUNT $ Maximum Maximum Annual Charge Balance To be determined in consultation with the Municipality at a later date. • COI ' MINISTRY OF THE ENVIRONMENT VILLAGE OF PORT BURWELL SEWAGE WORKS SYSTEM • PROVINCIAL PROJECT NO. 1-0337 STATEMENT OF CAPITAL ACCOUNT CAPITAL COSTS o Gross Capital Cost $3,108,000 o Provincial Assistance $1,910,048 o COASP 973,000 (2,883,048) • Principal Outstanding $ 224,952 o Prepayment: Cheque No. 2553 ( 224,952) Amount Owing by Municipality 1985 $ 0 • • I .i... THE MUNICIPALITY OF VILLAGE OF PORT BURWELL 0 Meeting atAl r ,19W 0 - Moved By That leave be granted to introduce By-Law to Seconded By 33. . P"' a jr yp a N 0 BAtreic,444.41- gd 64'0-44142181 111 and that Bylaw presented herewith be read a first time. c(4,...,24 ,2,10641 ‘, &""bilALIA1 By-law read a ....../4".1._....___ ..time Moved By LILO/II,:6‘...._p That By-law now read a first time be read a second time forthwith. Seconded By 4:rt.-,.,1 ........,..____Y fv. 0 X:`-c-e,a...Y-- goil-4-6.1 By- w read a 421 -ail_ time g Ce4-:Jit "t''' L.IP That By-laninv ow read a second time be read a third 'hforthwith. Seconded By - t,,,:itifrat‘.,_e Cl,, i i a i By-law read a .—.45/ time ctve 4$it:evil' 4 if , 1110 .(..___.„,..w SAY&/64.z•IL.... Moved By A__ ..... ......... 1 III , That By-law/now read a third time do pass, be engrossed by the Clerk, and signed and 7c Seconded By ,..6. t. .C.-- „_44;;LII6 sealed by the Reeve. (0,450A.A.94 I , i i i‘igt/A.A____ • i• „,,, y • AMENDMENT NO. 1 TO THE OFFICIAL PLAN FOR THE VILLAGE OF PORT BURWELL • • • r • Amendment No. 1 • to the Official Plan for the Village of Port Burwell This Amendment No. 1 to the Official Plan for the Village of Port Burwell which has been adopted by the Council of the Corporation of the Village of Port Burwell is hereby approved in accordance with Section 17 of the Planning Act, 1983 as Amendment No. 1 to the Official plan for the Village of Port Burwell . • Date, 1re 4 /1<rei c • • Amendment No. 1' to the • Official Plan for the • Village of Port Burwell The attached map designated as Schedule "A" and explanatory text, constituting Amendment No. 1 to the Official Plan for the Village of Port Burwell, was adopted by the Council of the Corporation of the Village of Port Burwell by By-law 15i- 'S in accordance with the provisions of Section 17 of the Planning Act, 1983 on the day of , 19 . -- '-od Alb Reeve • er -Treasurer • • • THE CORPORATION OF THE VILLAGE��EEOF PORT BURWELL BY-LAW NO. 6' 6 4 • Being a By-law to Amend the Official Plan The Council of the Corporation of the Village of Port Burwell in • accordance with Section 17 of the Planning Act, 1983 hereby ENACTS AS FOLLOWS: 1. Amendment No. 1 to the Official Plan of the Village of Port Burwell consisting of the attached explanatory text and Schedule "A" is hereby adopted. 2 . THAT the Clerk-Treasurer is hereby authorized and directed to make application to the Minister of Municipal Affairs for approval of Amendment No. 2 to the Official Plan of the Village of Port Burwell. 3 . THAT this By-law shall come into force and take effect on the day of final passing thereof. READ a first and second time this day of 19_ • READ a third time and finally passed this day of , 19 liAgagrA11111, Re ve erk-Treasurer • 410 • • AMENDMENT NO. 1 TO THE OFFICIAL PLAN FOR THE VILLAGE OF PORT BURWELL • • INDEX • PAGE Statement of Components ii • Part A - The Preamble 1 Purpose 1 Location 1 Basis 1 Part B - The Amendment 3 Part C - The Appendices 4 Appendices A Community Benefit 5 • B Planning issues 6 C Servicing Issues 8 D Environmental Issues 9 E Public Participation 10 • • (i) STATEMENT OF COMPONENTS • PART A - THE PREAMBLE does not constitute part of the Amendment. • PART B - THE AMENDMENT consisting of the attached maps designated as Schedule "A" and explanatory text constitutes Amendment No. 1 to the Official Plan for the Village of Port Burwell. Also attached is PART C - THE APPENDICES - which does not constitute part of this Amendment. These appendices discuss the benefits to the Village of Port Burwell resulting from this Amendment and the planning issues, servicing issues, environmental issues and the public participation process associated with this Amendment. • • S (ii) PART A - PREAMBLE IIIPurpose Generally, this Amendment is to provide for the storage and repair of construction equipment in a location which does not • presently permit this use. More specifically, the purpose of this Amendment is to change the designation of certain lands in the Village of Port Burwell from the Residential designation to the Industrial designation."/A/ W/ Location This Amendment applies to certain lands in the western portion of the Village of Port Burwell at the southeast corner of the intersection of Erieus Street and Strachan Street. Schedule "A" of this Amendment illustrates the location of the lands which are subject to this Amendment. • This Amendment is comprised of one (1) item: Item 1 of this Amendment redesignates lands shown in Schedule "A" attached hereto from the Re identia1 designation to the e'Y Industrial designation.`'/Yl ,) Basis It is the intent of the applicants for this Amendment to change the permitted uses of their lands to permit storage and repair of construction equipment in addition to the existing Residential use. All of the lands affected by this Official Plan Amendment are currently designated Residential in the Official Plan. The Residential designation does not permit the proposed use and, therefore, an Official Plan Amendment is necessary to place these • lands in a designation which will permit the storage and repair of construction equipment. The owners of the land are in in the • construction business and do not own land elsewhere in the Village which is designated Industrial. 1 The present Official Plan identifies the Industrial designation as a proposed site plan control area (Policy 4.4. 1 of the Official Plan) . The subject lands can be made subject to site • plan control. • This Official Plan Amendment is considered appropriate based on the following: 1. The subject lands are located along a major roadway, thus reducing the likelihood of traffic generated by these uses travelling along residential streets directly to the south. 2. The site plan control process is a valuable tool in planning and one which the Municipality wishes to utilize on the lands which are subject to this Amendment. 3. Through the use of site plan control this use will be well buffered from adjacent residential uses. 4. No critical environmental problems are foreseen, in terms of • noise or air pollution. 5. No financial hardships to the Municipality are foreseen as a result of the proposed use. • • • 2 PART B - THE AMENDMENT The Official Plan is amended as follows: • Item 1: • The areas shown on the attached Schedule "A" are redesignated from the Residential designation to the Industrial designation.(/n,) • • • • 3 PART C - THE APPENDICES • These appendices are not intended to be part of the document receiving the formal approval of the Minister of Municipal affairs, but are included for information only. • • S4 • APPENDIX A • COMMUNITY BENEFIT Significant community benefit will result from this Amendment. • This location will be used for the storage and repair of construction equipment, which may result in a new source of employment for the community. This location, generally, will have a number of beneficial spin-off effects on the community and, in addition, represents new assessment. • • • • 5 APPENDIX B • PLANNING ISSUES The lands being redesignated are presently in the Residential • designation. The storage and repair of construction equipment is not permitted in this designation so a redesignation to the Industrial designation is necessary. Policy 3.6.1 of the Official Plan states that "permitted uses in the Industrial designation are manufacturing, assembling, processing, warehousing and storage". (Page 21, Official Plan for the Village of Port Burwell) This policy suggests that the proposed use is permitted within an Industrial designation. Policy 4.9.1 of the Official Plan states that "all developments within the Village of Port Burwell may be required to be connected to Municipal sewer and water services". This site is presently serviced by Municipal water, sanitary sewers and storm sewers. Policy 3.6.5 of the Official Plan states that "industries which create extreme environmental conditions such as high air pollution, noise, excessive solid waste generation or high liquid wastes, either in volumes or toxicity, will not be permitted". This policy will be satisfied prior to permitting the storage and repair of construction equipment on these lands. The lands for which this Official Plan Amendment is being proposed are bounded by Erieus Street to the north, which is paved and considered an arterial street by Schedule "C" of the Official Plan. Additional traffic created by this new use will have minimal impact on the adjacent residential lands. Policy 3. 6.7 of the Official Plan states that "the Industrial designation is a proposed site plan control area and Council may • pass a by-law which requires plans and an agreement, as set out in Section 4 .4 of this plan". By implementing this policy the • physical impact of an Industrial use located adjacent to Residential uses can be minimized. • 6 From a planning perspective, site iree close to some Residential areas butthis issconsidered appropriateativdu to the controls that will be placed upon theses landslocated throughlsitlyee • plan control and the allowable levels of pollution emitted. • • • • 7 APPENDIX C • SERVICING ISSUES The proposed Industrial use will be serviced by existing • Municipal water, sanitary and storm sewers. • • • • ` 8 • APPENDIX D • ENVIRONMENTAL ES It is considered t the regulationISSUs administered b • Ministry of the Environmentthawill ensure that any noise y the or emission of pollution resulting from this land use will be within acceptable limits. • • • • 9 APPENDIX E • PUBLIC PARTICIPATION This appendix will be prepared following the necessary Public • Meeting. • • • • 10 4 ' I e / This is Schedule "A" forming Part of Amendment No. 1 to the Official i Plan for the, Village of Port / Burwell and must be read with the written text. This Schedule amends Schedule "A" of the Official Plan ././f/�`�./��J`,"/f 1Jf1_ziwrzeziwzrzywrymizzez -0-N- for the Village of Port Burwell. • LAKE ERS um OS ^. = Os /rOs VILLAGE OF PORT BURWELL /((j(1,- .(c-6144) 11111 L - 1111 11111:11 In `1I ■L '1111111111111ii LEGEND ■ ����� `1111 111\\ ���� �� /��_ ...-` � / / R RESIDENTIAL / j QHL —�`� �, 411, 414 MF MULTI FAMILY RESIDENTIAL _ ■�•� _ ` MR MOBILE HOME RESIDENTIAL \� ,`'J 11111 �I\� `' `J 1 .1 !IIk"ii`I1 ■I� �, • - \ C COMMERCIAL . III ■ yy r I ■ r �`. M INDUSTRIAL HL II i11•' ■llli ll16 01111I1111\,�����,� \� I INSTITUTIONAL Nip • �1 ' �.ms Si �� �i , OS OPEN SPACE :11�� =IEII_�1_� .>'>\ ��40 tea :1111. �111� .�r1 _• HL HAZARD LAND t lW• II __. ( #11111' 1111 UNIT OF THE oi� I I Illi'IIIIII��I /r/ ANG A LAKE ERIE �r v 1• "'�'^r�'"� \ VILLAGE BOUNDARY M �!�_ E 11111.111111 1a '� "RESIDENTIAL" TO k��— = X111=111 ` "INDUSTRIAL"OW) nal 1111111111 loin ��'�11111111111 111111„111111 1111 v! Area affected by this HL • e. •i Port Burwell BY ed Laws 1111011111. 4 By-Laws # 88 - 16 1988 4 f — VILLAGE OF PORT BURWELL IlkBY-LAW NUMBER 88-16 Being a by-law prohibiting heavy traffic ""m'mmmmlm.' on highways in the Village of Port Burwell . 111 WHEREAS under the provisions of paragraph 17 , section 210 of The Municipal Act R.S .O. 1980 , Chapter 302 the Councils of local Municipalities may pass by-laws prohibiting heavy traffic on highways under their jurisdiction; AND WHEREAS the Council of the Corporation of the Village of Port Burwell deems it necessary and expedient to prohibit heavy traffic on certain highways in the Village of Port Burwell . AND THEREFORE the Council of the Corporation of the Village of Port Burwell hereby enacts ; 1 . In this by-law "heavy traffic" means the use of a highway by a vehicle, object, or contrivance for moving loads , having a gross weight, including the vehicle, object, or contrivance and illload, in the excess of (OOJ anL.0 2 . When suitable signs have beenre ected and are on display, heavy traffic is prohibited on highways or parts of highways as per schedule "A" attached to and forming part of this by-law. 3 . The provisions of this by-law shall not extend to the use of highways or parts of highways to ambulances , to police or fire department vehicles , to public utility vehicles , public transportation vehicles , school buses , or delivery of construction materials to private construction sites, moving vans proceeding to or from a residential location within the municipality, or to vehicles actually engaged in works undertaken for or on behalf of the Corporation . 4 . Any person violating any of the provisions of this by-law shall be subject to a pen8lty of one hundred ( $100 .00 ) dollars exclusive of costs, and all such penalties shall be recoverable under the Ontario Summary Convictions Act . 5. This by-law shall com- into full force and take effect upon the final p: - of g t _pf / _ AO /� MOVED BY / Are _ , SECONDED BY . \ . ` I. h' • 4', ' That by-e"." 88-16 . - read a first time . R: . •1 r - MOVED BYAL �. _ VW S ONDED BY4011# V, !DATE4 // G 'I That by- aw :8-16 b- '- : . : second time. Read an.rca d .. • `I ,tea MOVED BY .�.�� .! MO SECONDED BY rte./�� p • . 015_4110 That by-law. :416. b read a third time . R.;ding dis .i-nsed wi h , finally passe. . / I / r • 1 • 1 BY-LAW 88-16 SCHEDULE "A" NUMBER HIGHWAY FROM TO • I Addison Street Wellington Homer 2 Waterloo Street Chatham Addison 3 Tennyson Chatham Addison 4 Southey Chatham Addison 5 Cowper Chatham Addison 6 Homer Chatham Addison 7 Brock Robinson Strachen 8 Strachen Hagerman Erieus 9 Shakespeare Wellington Erieus 10 Milton Lake Erie William 11 Elizabeth Lake Erie William 12 Victoria Pitt Wellington 13 Waterloo Erieus Victoria 14 Pitt Erieus Victoria 15 Libbye All of Highway 16 Faye All of highway III Y.-7- 84 . . , . . . . THE MUNICIPALITY OF VILLAGE OF PORT BURWELL S Meeting (-4-'-31 (--6 ,19....E.6 Moved By 16j/11( ---D I Seconded By .._ 4_ That leave be granted to introduce By-law to II ...k.e243 .--. --- 7- II • and that Bylaw presented herewith be read a first time. 1,1?..74;#10fea4 i?...._g • ,,, . 1, By-law read a 1.5.*...............time C.,---tit aii-e:-s-- Moved By A6 — _. .-. n. .....Z. / ___ That By-law now read a first time be read a c nd Seconded By ./-1—siii A secotime forthwith. 5 e4f ILtiljei By-law read a A 4 time "41°61/ Moved By eL.4 0.1,104 4 ji I a 4 P 4 That By-lawAnow read a second time be read / •-., fir a third time forthwith. Seconded By ___ ej..... dr_ ' .. .sh.. y 0 a s • By-law read a limeC2114-, A q. f kcwe 171°C9-id ye, • guroL.46,4.4* • 4 . Moved By ...___./OZP:ej That By-la vy now read a third time do pass, _ . _ ,73 ?-J. . " engros. by the Clerk, and signed and Seconded By .. .2 sealed by the Reeve. C61"1;12/CeP° 06,caiiitili elisfr ' 0 • Form 1 • THE PLANNING ACT, 1983 NOTICE OF THE PASSING OF A ZONING BY-LAW BY THE CORPORATION OF THE VILLAGE OF PORT BURWELL TAKE NOTICE that the Council gf_ the Corporation of the Village of 111 Port Burwell passed Bylaw R_17 on the _2(i day of SPptPmh.ar 19 88under Section 34 of the Planning Act, 1983. AND TAKE NOTICE that any person or agency may appeal to the Ontario Municipal Board in respect of the by-law by filing with the Clerk of the Village of Port Burwell not later than the31 day of October , 1988 a notice of appeal setting out the objection to the By-law and the reasons in support of the objection. • An explanation of the purpose and effect of the By-law, describing the lands to which the By-law applies, and a key map showing the location of the lands to which the By-law applies are attached. The complete By-law is available for inspection in my office during regular office hours. Dated at the Village of Port Burwell this 26 day of September 1988. Elwood Varty, Clerk-Treasurer Village of Port Burwell Box 10, 21 Pitt Street Port Burwell, Ontario NOJ 1TO Telephone (519) 874-4343 PURPOSE • The purpose of this By-law is to rezone certain lands in the northeastern part of the Village of Port Burwell , located southeast of the intersection of Erieus Street and Strachan Street in order to permit an industrial use. EFFECT • This By-law will have the effect of permitting an industrial use on the lands at the southeast corner of the intersection of Erieus Street and Strachan Street. HNI C2 N • s, HL ,,, III Ell .%;:-•,� .2 111 iiir ,/ Mitt 01 �'I All x, .a. az N 1111121111MVP VP 5' -S1 •Uif f rl111iIP� `c --102 ■111;111■ N 111111 11111©& � iii_2.101:111111: 111i MI - BY-LAW • THE CORPORATION OF THE VILLAGE OF PORT BURWELL BY-LAW NO. i38-11- • Being a By-law to amend Zoning By-law No. which regulates the use of land and the character, location and use of buildings and structures in the Village of Port Burwell. WHEREAS The Council of the Corporation of the Village of Port Burwell deems it advisable to amend By-law No. in accordance with the provisions of Section 34 of the Planning Act, 1983. • SECTION 1 Application 1.1 Section 2 of this By-law shall apply to those lands shown as: "Zone Change R1 TO Ml on Schedule "A" attached hereto. 1.2 Schedule "A" is attached hereto and forms part of this By-law. SECTION 2 Amendment 2.1 By-law No. is hereby amended insofar as it • applies to the permitted use of lands shown on Schedule "A" attached hereto as follows: The zone classification of the lands shown as "Zone Change R1 TO M" is changed from the Single Family Residential Zone - R1 to the Industrial Zone - M. • This By-law shall come into force and take effect upon the final date of passage thereof. THIS BY-LAW READ A FIRST AND SECOND TIME THIS DAY OF , 19 THIS BY-LAW READ A THIRD AND FINAL TIME AND FINALLY PASSED THIS DAY OF , 19 • le f-Treasu. Reeve SCHEDULE 2 • 1. This is an explanation of the purpose and effect of By-law No. 2. This is a true copy of the Key Map whi^h shows the location of the lands to which By-law No. applies. • • • • • PURPOSE AND EFFECT OF BY-LAW NO. • PURPOSE The purpose of this By-law is to rezone certain lands in the northeastern part of the Village of Port Burwell, located southeast of the intersection of Erieus Street and Strachan Street in order to permit an industrial use. EFFECT • This By-law will have the effect of permitting an industrial use on the lands at the southeast corner of the int,e sectiory Erieus Street and StrachaR Street. -rip in dor 11-'4 I V S e n'!, I S r;,t- T c j'n rr- STof-.j am Orr6 coSfr✓C era Eq✓fPvr' 19 I / r • • • 110 STREE II‘14rA-". ""..11P7 RIHL • � 1 vir • TREE ` C *. ,,, Zone Change . "R1 to M - 1111111kit 1 ♦ �� HiiII111l&CTl, . A ___ .33 ..._ 1 �' - ._...... . . . . . , D eli •,,c-)\. t4 ESREARE STREET ��' �� `0 10 ` z \ l \ R2 z ►/ STREET .CI ri Illikilk ICTORIA STREET 111[11111 - 1 7/ Village of Port Burwell LEGEND KEY MAP By-law Amending R1 Single Family Residential • By-law R2 Multi-Family Residential R3 Mobile Home Residential Cl General Commercial C2 Tourist Commercial ....S.. "Zone Change R1 to M" 411 • • M Industrial ' • • • • • I Institutional OS Open Space This is Schedule "A" to By-law passed HL Hazard Land the day of 19 F1/) Village Boundary l , Mi V'ndocTr,al a 'eev: l.lerR I SCALE 11/ O 100 m 2 300 0 200 ft 500 1000 • CLF C's COUIFICAIE „/ =AGE OF PRI' fid, 040 ZONING BY-LAW AMEM}!ENN I, E. Varty, hereby certify that the requirements of the Giving of Notice as stated in Section 34 (17) of the Planning Act, have been complied with in the following way: (a) A newspaper advertisement was published in the Tillsonbiurg News on October 3, 1988. The notice advised that the Council of the Corporation of the Village of Port Burwell passed By-law 88-17 on the 26th day of September, 1988. I am of the opinion that this newspaper has sufficient circulation in the • icipality to adequa -ly give notice of the paRsing of the by-1- . Dated this December 22, 1988. E. Varty Clerk _. - Village of Po : I. a P.O. Box 10 21 Pitt Street Port Burwell, Ontario NQ7 1T0 847-4343 ,111 111,111111 �1�1 ........... LETTER OF TRANSMITTAL To Vi11agP of Port Burwell ATTENTION Mr _ E. Varty P .O. Box 10, 21 Pitt St . Clerk - Treasurer Port Burwell , Ontario NOJ 1TO PROJECT Zoning By-Law Amendment PROJECT NO. 88182 DATE December 20 , 1988 MAIL COURIER CX HAND ❑ PICK UP ENCLOSED PLEASE FIND THE FOLLOWING: NO.OF COPIES DRAWING NO. DESCRIPTION 3 Clerk ' s Certificate THE ABOVE ARE TRANSMITTED FOR: APPROVAL O INFORMATION REVIEW AND COMMENT FILE [7 REVISION AND RESUBMISSION 0 AS REQUESTED REMARKS Please sign and place Village Stamp on Certificates and then return two as soon as possible . Thank-you . PER _ Christian Fisker PLEASE REPLY TO: 176 KING STREET ❑ P.O. BOX 489 ❑ 229 FIRST STREET S., ❑ 150 NEWBOLD COURT ❑ 1265 EAST ARTHUR ST., WELLAND,ONTARIO RED LAKE,ONTARIO KENORA, ONTARIO LONDON, ONTARIO THUNDER BAY,ONTARIO L3B 3J5 PDV 2M0 P9N 1C2 N6E 1Z7 P7E 6E7 (416) 735-5566 (807)727-3172 (807)468-5799 (519)681-3175 (807)623-2011 (416)384-9600 e, • 0 • BY-LAW NUMBER 88-18 Being a by-law to execute a lease between the Corporation of the Village of Port Burwell and 345990 Ontario Limited. WHEREAS the Corporation of the Village of Port Burwell is desirous pf leasing vacant land known as part 7 , 8, 9 , on Plan 11R990 from 345990 Ontario Limited. • WHEREAS the attached lease marked appendix A-1 forms part of this by-law. „A„._ rh Clerk 4111 authorized to sign the lease as shown on appendix 14 A-1 . THE Treasurer is authorized to pay over the required lease payments on or before October 1 of each year. This by-law / ii i_ /o , X11 force and e fec on da e of passing . MOVED BY A/*, _ 46.4 SECONDED BY , , SAT %1fr IIIThat by- a' 8: 18 b read a first time Revd and a • . 11, MOVED BY _ • ' SECONDED BY \4. ..%----....:41. . ' TE �b re That by-law 88-18 be read a se• rnd time. A's - ,7 • ed. �j � � // ppb MOVED BY 10,0 „,... .. S DED BY J .� .I DAT �6 0 That b . - -w . :-18 be "ad a t ird tim-7 Readi ' dispensed ith / P fina pas:- . . 4 /.A1111110 JP . �,i / / Elwood Varty-► Ron Bradfie —Reeve III • . w P.•. roam LN,LIMM on LLt VNIT[D[TA TION[fT CO.LI TCO,L[OAL/011147. Yom, /Aff 1 M•IODUCTI•N DRIV[,SCAMSO t1II1 1 [°IMS) 7t` iteat • made the First day of October one thousand nine hundred and eighty-eighty In pursuance of the Short Forms of Leases Act ettmen 345990 ONTARIO LIMITEDt 2 St. Claire Ave. , W. Suite 1000 Toronto, Ontario A t t: M. Simmonds herein called the "Lessor," of the First Part and 411 the Corporation of the Village of Port Burwell 21 Pitt Street Port Burwell , Ontario NOJ 1TO herein called the "Lessee" of the Second Part WITNESSETH, that in consideration of the rents, covenants and agreements hereinafter reserved and contained on the part of the Lessee, the Lessor doth demise and lease unto the Lessee, his executors, administrators and assigns, all that messuage or t uernen sit- uate,lying and being vacant 1 I, , y on pran 1 IK-77U Village of Port Burwell , deposited in the registry office for the County of Elgin (No. 11 ) : Less presently leased to Port Dover Fish Company. Approximately 3 acres bounded by Pitt Street on the south, Big Otter Creek on the west and C.P.R. property on the east. S �411 TO HAVE AND TO HOLD the said demised premises for and during the term of three r9ao "°"r' years to be computed from the first day of October one thousand nine hundred and e ig h t yy-eightyy and from thenceforth next ensuing and fully to be complete and ended, September 30, 1991 YIELDING AND PAYING therefor yearly and every year during the said term unto the • said Lessor the sum of One Thousand dollars, to be payable on the following days and times, that is to say: October 1 , 1988 , October 1 , 1989 , October 1 , 1990 40 the first of such payments to become due and be made on the first day of October next, and the last payment to become due and he paid in advance on the first day of October 1990 TILE Lessee covenants that he will not do or permit to be done on the said premises anything which may be annoying to the Lessor, or which the Lessor may deem to be a nuisance, and that the Lessee will use and occupy the said premises as a shop or store and private dwelling house oniy, and will not carry on or permit to be carried on therein any trade or business other than that of Parking lot, fish cleaning station, tackle x bait sales, III mobile chip wagon AND the said Lessee covenants with the said Lessor to pay rent: and to pay taxes, including local improvements; and to pay water rates; and to repair, reasonable wear and tear and damage by tire, lightning and tempest only excepted; aid to keep up fences; and not to cut down timber; and that the said Lessor may enter and view state of repair, and that the said Lessee will repair according to notice in writing reasonable wear and tear and damage by fire, lightning and tempest only excepted; and will not assign or sub-let without lea•..e• ai:d such consent may, notwithstanding the provisions of Section 22 of Chapter 232 of the Revised Statutes of Ontario 1980, be arbitrarily refused by the Lessor in his sole and uncontrolled discretion. i�AND will not carry on upon the said premises any business that may be deemed a nuisance. AND that he wi;l !,,ave the premises in geed repair, reasonable wear and tear and damage by fire, lightning and tempest only excepted. I� THE Lessee covenants that he is the sole owner of all goods and chattels that are to be brought upon the premises, and that they are free from any mortgage, lien or other charge. PROVIDED that the Lessee may remove his fixtures if all rent due hereunder has been paid. Ii PROVIDED that, in the event of the destruction or partial destruction of the said • premises, the Lessor may declare the term hereby granted to be forthwith terminated, and in such event rent shall be payable up to the time of such destruction or partial destruction. PROVIDED also that during the last two months of the said term any stran^.er or strangers may inspect the said premises, on any day except Sunday, on producing a written order to that effect signed by the Lessor. PROVIDED that the Lessor may place upon the said premises at any time during the said term a notice that the said premises are for sale, and within two months prior to the ter- 1 • mination of the said term may place a notice on the said premises that they are to he let, and the Lessee agrees that he will not remove such notices, or permit them to be removed. I WED also that it the term nereuy granteu, or Any v 1 •ss•. •hall be at any time seized or taken in execution or in attachment by anv2reditor 1 .f the P• ••, or if a writ of execution shall issue against the goods or shattels of the Lessee, or if • essee shall execute any chattel mortgage or bill of e of any of his roods or chattels, . • the Lessee shall make any assignment fori.ktrbenefit of creditors, • becoming bankrupt _. .^so!'er:t shall take the benefit of nue- ct that may be in force or bankrupt or insolvent . • ors, or in case the said_prpfnises become vacant and so ). emain for the period of da or be used for any other purpose han that for which they were let, or :se the .see shall attempt to abandon the said .remises, or to sell or dispose of his goo.. • chattels so that there would not in the •vent of such sale or disposal be, in the • nio . the Lessor. a sufficient distress on the .remises for the then accruing ren en the curren •• •nth's rent, together with the rent or the three months next a ing and the taxes fo .e then current year (to be 1111eckoned on the rate for t • ext preceding year in case the r • hall not have been fixed •or the then current y•• , shall immediately become due and pay: • and the said term I :hall, at the opti.• . the Lessor, forthwith become forfeited and .e . • fined, and the •ssor may • er and take possession of the said premises as though t essee was olding • after the expiration of the said term, and in every of the above .. :_ such xe • accrued_D Ltiop thereof shall be recoveratilelty the Lessor in the same ... ..• •; . ent here reserved. PROVIDED that in case of removal by the Lessee of his goods and chattels from the premises, the Lessor may follow them for thirty days in the same manner as is provided for in the Act Respecting Fraudulent and Clandestine Removal of Goods. i d THE Lessee covenants that he will not do or permit to be done any act or thing which may make void or voidable any insurance upon any building, or part thereof, upon the said premises, or which may cause any increased or additional premium to be payable for any such insurance. THE Lessee shall not allow any ashes. refuse, garbage or other loose or objectionable material to accumulate in or about the building, yards or passages of the said premises, and will at all times keep the said premises in clean and wholesome condition, :r..d-x4,441, •ry • s THE Lessee covenants that he will keep the sidewalks in front and at the sides of the said premises free of snow and ice; and that the Lessee shall not, during the said term, injure or remove any shade trees.shrubbery,hedges or other tree or plant which may be in,upon or about the said premises, and that he will Keep in good condition the boulevard and other sodded spaces about the said premises. PROVISO for re-entry by the said Lessor on non-payment of rent or non-performance of covenants. rAk PROVIDED also that in the case of a seizure or forfeiture of the said term for any of the causes herein set forth, the Lessor shall have the same right of re-entry as is given under the next preceding proviso. PROVIDED that notwithstanding anything herein contained the Lessor's right of re- entry hareunder for non-payment of rent or non-performance of covenants shall become exercisable immediately upon default being made. THE said Lessor covenants with the said Lessee for quiet enjoyment. IN consideration of the foregoing and of the leasing and letting by the Lessor to the Lessee of the premises hereby demised for the term hereby granted (and it is upon that express understanding that this indenture is entered into), the Lessee hereby covenants and agrees with the Lessor that notwithstanding anything in Section 30 of Chapter 232 of the Revised Statutes of Ontario 1980, or in any other section of the said Act, or in any other Act now in force or which may hereafter be passed, none of the goods or chattels of 1111, the Lessee on the said premises at any time during the continuance of the said term shall be exempt from levy by distress for rent in arrear by the Lessee as provided for by any Act above referred to, and that upon any claim being made for such exemption by the Lessee, or on distress being made by the Lessor, this covenant and agreement may be pleaded as an estoppel against the Lessee in any action brought to test the right to the levying upon any such goods as are named as exempted in any Act above referred to, the Lessee waiving, as he hereby does, all and every benefit that could or might have accrued to him under and by virtue of any such Act but for the above covenant. AND it is hereby agreed between the parties hereto that should the Lessee remain in possession of the said premises after the determination of the term hereby granted, without other special agreement, it shall be as a monthly tenant only, at a rental of $ 100.00 per month, payable in advance on the first day of every month, and subject in other respects to the terms of this lease. • Schedule "A" attached hereto forms part of this lease. • IT IS agreed between the parties hereto that every covenant, proviso and agreement herein contained shall enure to the benefit of and be binding upon the parties hereto, and • their heirs, executors, administrators, successors and assigns, and that all covenants herein contained shall be construed as being joint and several, and that when the context so requires or permits the singular number shall be read as if the plural were expressed. and the masculine gender as if the feminine or neuter,as the case may be,were expressed. in Witness LIThercof the parties hereto have hereunto set their hands and seals. %tgneti. Scaler" anD IDc[tvcrcb in the presence of 345990 antario Limited /1 7 % 04, I ' ll ) g7 AIIIIIPP The Corporation of the Village of Port Burwell SCHEDULE 'A" To the Lease dated the 2 day of let$ • Between The Corporation of the Village of Port Burwell (the Lessee's) 345990 Ontario Limited 2 St : Claire Ave, W. , Toronto, Ontario (Att: 11. :.�..,Lnonds ) (Lessor) 1 . INSURANCE • The Lessee shall take out and maintain, with respect to the premises and the Lessees use thereof, insurance policies of all risk, earthquake, flood and public liability coverages up to such limits as the- Lessor may from time to time reasonably determine and will provide certified copies of such policies • to the Lessor. 2. INDEMNIFICATION BY LESSEE The Lessee shall indemnify and save harmless the Lessor frcm any and all liabilities, damages, costs, claims, suits or actions growing out of: (a) any breach, violation or non-performance of any covenant, condition or agreement in this lease set forth and contained on the part of the Lessees to be fulfilled, kept, observed • and performed, and (b) any damage to property howsoever occasioned by the use and occupation of the Demised Premises and Complex or of the buildings, structures, • improvements, fixtures, equipment, machinery and facilities comprised therein and any injury to any person or persons, including death resulting at any time therefrom, occurring in or about the Demised Premises and Complex or any building, structure, improvement, fixture, equipment, machinery or facility comprised therein and 411 arising from or occasioned by any cause whatsoever, . Schedule "A" - Page 2. and such indemnification in respect of any such breach, violation or non-performance, damage to • property, injury or death occurring during the Term shall survive the termination of this Lease, anything in this Lease to the contrary notwithstanding. If the Lessor shall be made party to any litigation • commecned by or against the Lessees, then, unless in such litigation or otherwise it shall be established that the Lessor was solely at fault, the Lessees shall protect, indemnify and hold the Lessor harmless and shall pay all costs, expenses, and reasonable legal fees incurred or paid by the Lessor in connection • with such litigation. The Lessees shall also pay all costs =xpenses and legal fees (on a solicitor and his client basis) that may be incurred or paid by the Lessor in enforcing the terms, covenants and conditions in this Lease. 3. TERMINATION This Lease may be terminated prior to the expiry of the terms by either party by the giving of Thirty (30) days written notice, effective on the date delivered, at the following addresses: Lessee : Village of Port Burwell, P.O. Box 10 Pitt Street & Erieus Street, Port Burwell, Ontario. NOJ 1T0 • Lessor : 345990 Ontario Limited 2 St . Claire Avenue, West Suite 1000 Toronto, Ontario Att: Mr. M. Simmons • BY-LAW NUMBER 88-19 • Being a by-law to change by-law number 88-10 and by-law number 87-26 which were • by-laws to zone a parcel of land on the east side of Elizabeth Street north of (J� Wellington Street. WHEREAS by-law 87-26 zoned the lands shown on schedule A as R-1 and R-2 . AND WHEREAS by-law 88-10 amended by-law 87-26 and whereas by-law 87-26 and by-law 88-10 came into force and effect on date of passing. NOW THEREFORE be it enacted that by-law number 87-26 and 88-10 be re enacted to come into full force and effect on the date as prescribed by the • an ung Act 1983 R.S .O. / I _ I c / G" % a�6 MOVED B ) �. _� SECONDED BY DAT ir That by- w : :-19 41- read a first time. Read and carried. lib w MOVED BY /0"---19PrJ SECONDED BY _ N �& _„ LATE 06 /0 That by-law 88-19 be read a second time . • -ad : d d "pensed. / , A,v Al MOVED BY #.1 SECONDED BY �� .Ad ' D• i� 6 � �_ ' That by-law -ir-419 •e read a third time . reading dis.ensed wi h , f inal l,1 ssed . E w:od Varty-Cleo R.n Bra. fiel '- •eev S 1 - flr • IY ' 12 '-r-• 11; v JI) NI 14Qa i I- 1 : _i - , r .. 411 - . .... sc 0-iir."111Wli . •: Y \ 131113K . X 4•040..4040._0.4••••• Y r�I Y \ MR PLAN • • 'MILL:AN Ori 30 at „ t, „ !yam '� /t tV�a6 DR J,� a AFT PLAN or SUBDIVISION Or " t• PART OF THE UNNUMBERED SCK "-- i • "' �, ` v W NORTH -EAST OF ELIZABETH ANO WELLINGTON STREETS - C / ^ s \\ . _O REGISTERED PLAN No 30 VILLAGE OF PORT BURWELL \ ( 1 V ••I•wuY PART OF LOT 13.CONCESSION I i STREET\2 •.... .•y a( GEOGRAPHIC TOWNSHIP OF BATMAN ..--- COUNTY Oi ELGIN i • \ 1 • \0012.• / • ••• .......... I• 17 N N to H at METRIC 2 • .4.,...g...4.,...g..•s r •r•w •n••••r•r r•w•00..444• ••••••w•.4•••r w•••r •• •• \ .....\ ^ N I SURVEYOR'S CERTIFICATE I .. M• M •t MM - r r •••••••••4400 101I• • . •• G •. •••.• • .0. \ \ •.• 0411.41.00••••• .0 •r •14•0111•11•14•0111•11•.••y WI O 1.4. yaw • III ] 1.• 01 I r -. , a THE PLANNING ACT nal uc lout el i •,/ ▪ NM ••r • •.• y • 41••••r• I •s oar JSTREEYT- - ; • • • "przo GRAM - ... .• OFF I C I .AL 1141WING • - 0 Canada - Master of Ceremonies-Ron Bradfield. President Fort 1urwe l l Non Pro fi t • Housing •orpora t 1,n Reeve Village -..f Fort Purwe 11 \ - Welcome and :ntroduc:tory- \ Cindy Allin. Director - History of Fro ;ect - I ___ Brydon G:;F_', Director I �' \ - Unvalling of plaque- \ David McCord, Director - Special thanks / - Ed Bradfield, Director - Greetings from *':e Town hip of Fayham I - Greetings from Village of Vienna J - greetings-£!gin -.1unty Warden- um= f William "Fill " N.:r t yn - Greetings from the Provincial EEG _ Government- Marietta Roberts M. P. P. - Greetings from the Federal' Government - , - Prayer of Dedication and Greetings- Father J. Mooney. Director - Ribbon Cutting Ceremony — - God Save the Queen MESE _ • MILTON TOWER By-Law Number 88-20 Being a by-law to enter • into a subdivision agree- ment with Anthony and Grace Lama. WHEREAS Anthony and Grace Lama are desirous of developing a . property on the east side of Elizabeth Street south of Wellington for use of permanent mobile homes and modular homes . WHEREAS the Corporation of the Village of Port Burwell is desirous of this development proceeding and entering into a subdivision agreement with Anthony and Grace Lama. WHEREAS section 104 R. S .O. chapter 302 ( 1980 ) allows Council to protect the health , safety and welfare of inhabitants of the Municipality. COUNCIL of the Village of Port Burwell therefore enacts that the Reeve and Clerk have authority to sign the attached agreement • which is m% /-d is ip: , •ji x "A" and forms part of this by-law. f 111 MOVED B 1 . ! SECONDED BY AL 4V DATE -'i/Y That by- draw 88-20 be read a first time. Re: d and car ied / , , ;r Kei.,,� AJP"6,--(-9 /7 ...r JDATE? /// 1 -, I MOVED BY SECONDED BY • L . _. /� That by-law 88-20 be read a second time. Read nd dispensed . d MOVED BY L. _ . :'. CONDED BY \�, �� \4n DATE:////la That by-law 88-20 liy r- : . a third time . R- : ' ing di -pensed it , fin: y passed. / A AIIIIIIPP A ------) -IF ,', i 1 /, wood Var Ron Brad ield-Re r e NI • • CORPORATION OF THE VILLAGE OF PORT BURWELL SUBDIVISION AGREEMENT THIS AGREEMENT* made this day of 1988. B E T W E E N : ANTHONY LAMA & GRACE LAMA • hereinafter called the "Owner" , of the first Part, -and- THE CORPORATION OF THE VILLAGE OF PORT BURWELL hereinafter called the "Village" of the second Part. * THE PARTIES hereto agree as follows: - 1 . LIST OF SCHEDULES ATTACHED The following Schedules are attached to and form part of this Agreement:- Schedule "A" : Description of lands to which this agreement applies, (herein called "the lands" ) . Schedule "B" : The plan 2. INSTALLATION OF SERVICES 2. 1 General Upon approval of the Plan by The Village of Port Burwell the Owner shall design, construct and install at his own expense and in good workmanlike manner to the standards of the Municipality all municipal services shown on the plan. Upon application by the Owner, the Municipality may permit 0 the design, construction and installation of the services. 2.2 Utilities The Owner shall enter into such agreements as ■ay be necessary with the proper authority having jurisdiction over hydro services to the lands, for installation or payment for an • electrical distribution system and necessary appurtenances to service the lands and such other matters as the authority properly requires. The Municipality shall not be obligated to issue any building permits until provided with confirmation by the authority that the agreements provided for by this clause have been entered into or other satisfactory arrangements have • been made. 2 . 3 Consulting Engineer The Owner shall employ a registered Professional Engineer to assume responsibility for the design, general supervision and resident supervision of the installation and construction of • municipal services required by this agreement. 2 . 4 As-Constructed Drawings When services are completed the Owner shall provide the Municipality with two ( 2 ) sets of as-constructed drawings thereof. 2 . 5 Phasing of Development The services as required to be provided by this agreement may be constructed in phases to provide all the required services to a portion of the lots as shown on the Plan, on the condition that • no development occur in a phase until sanctioned by resolution of Council of the Village of Port Burwell . 2 . 6 Commencement of Construction The Owner shall not commence construction of any of the works required by this agreement without the approval of the Council of the Village of Port Burwell . 2 . 7 Provision if Work not Satisfactory In the event the Owner fails to install the services covered by this agreement or fails to proceed expeditiously or fails to install the services in accordance with the specifications and requirements of this agreement, then, upon the Municipal Engineer giving seven ( 7 ) days written notice by prepaid registered mail to the Owner, the Municipality through its employees , agents or contractors may without further notice enter upon the lands and proceed to supply all materials and to do all the necessary inspection and works in connection with the installation of the services , including the repair or reconstruction of faulty work 40 and the replacement of materials which are not in accordance with plans or specifications and to charge the cost thereof, together with the cost of engineering, to the Owner. Such entry shall not be deemed as acceptance or assumption of the services. 2 .8 Authority to Inspect • The Owner agrees to permit the Village or his agents to enter on the lands at any time to inspect the work and, if necessary , to make emergency repairs , at the Owner's expense. Such entry and repairs shall not be deemed to be an acceptance of the services or an assumption by the Municipality of any liability. • • 2 . 9 Use of Services by the Municipality The Owner agrees that the services constructed by him may be used, prior to acceptance by the Village for the purpose for which they are designed . Such use shall not constitute acceptance of the services and shall not relieve the Owner of any • of his obligations . 2 . 10 Relocation of Existing Services or Repairs The Owner agrees to pay the cost of relocating and repairing any existing services where such relocation or repair is made necessary by reason of the construction of the services required by this agreement , and to adjust the grade of all water service boxes , valves , hydrants and valve chambers as may be required by the Village . If the grades of existing adjacent roads need to be changed, the necessary work to do this shall be at the Owner' s expense. • 2 . 11 Qualitative or Quantitative Tests The Village may have qualitative and quantitatives tests made of any materials which have been or are proposed to be used in the construction of any services required by this agreement and the cost of such tests shall be paid by the Owner . 2 . 12 Blasting The Owner agrees that no blasting will be undertaken without the written consent of the Village. 3 . MAINTENANCE AND REPAIRS 3 . 1 Roads Within the Plan The Owner agrees to carry out all road maintenance, including dust treatment and grading , • 3 . 2 Snowplowing and Sanding The Owner agrees to provide snowplowing and sanding service on roads connected to a public roadway. 3 . 3 Sewers • The Owner agrees to maintain the storm sewers and catch- basins to clean the sanitary sewers if any material is deposited therein other than ordinary domestic waste. Maintaining the storm sewers and catch-basins includes filtering against excessive sedimentation. 411 3 . 4 Dumping and Removal of Debris or Fill The Owner agrees neither to dump nor to permit to be dumped any fill or other debris on nor to remove or permit to be removed any fill from any public lands , other than for the actual construction of the roads in or abutting the subdivision, without • the written consent of the authority having jurisdiction. 4 . ACCEPTANCE OF WORKS 4 . 1 Inspections The Village shall advise the Owner in writing of the stages of construction at which the Village requires the Owner to request inspections and the Village shall effect such inspections without delay when requested. The Village may require the Owner to uncover for inspection purposes any work which has been covered by backfilling or • otherwise before the Municipal Engineer has had a reasonable opportunity to inspect any portion of the work . 4 . 2 Guaranteed Maintenance The Owner guarantees all the services constructed under this agreement. The Owner agrees to pay the Village immediately upon receipt of a written demand, any expense incurred by the Municipality in making emergency repairs during the guaranteed maintenance period. 5. DRAINAGE, LANDSCAPING AND DESIGN 5 . 1 Grade Control The Owner agrees to grade and drain all the lands. 5 . 2 Lots Unsuitable for Building The Owner agrees that the lots and blocks listed in Schedule ' B' hereto and indicated on the attached draft plan of • subdivision are unsuitable for building purposes and that no application will be made for a building permit for the erection of any structure on the said lots. 5 . 3 Topsoil The Owne: agrees that no topsoil shall be removed from the • lands on the Plan, without the written consent of the Village. Where it becomes necessary to temporarily remove any topsoil , it shall be stock-piled and replaced on the lot or block to a depth of at least 15 centimeters (approximately 6 inches) over the entire area not covered by buildings, driveways or paved areas . If the existing topsoil on the site is not sufficient , additional topsoil will be supplied by the Owner to maintain the required depth over the area. 5 . 4 Landscaping (a) Sodding & Seeding ( i ) The Owner shall ensure that seeding and sodding laid on the unpaved portions of all road allowances and designated parks after all roads , walks , curbs , driveways and buildings are completed. The Owner shall ensure that sod or seed is laid on the front, side and rear yards of all lots and blocks thereafter. ( ii ) Sodding only, as opposed to seeding, shall be employed where, in the opinion of the Village, it is warranted on account of topography, soil conditions, or drainage . ( iii ) Sod shall be local No. 1 nursery sod. Seed shall be a mixture of No. 1 perennial grass seeds compatible to the area; rate of spread to be as directed by supplier. 411 ( iv) Sodding and seeding shall be maintained by the Owner until well established. 7 . ADMINSTRATION 7 . 1 Registration of the Agreement The Owner agree(s ) that this agreement and the schedules hereto or any parts thereof may be registered upon the title of the lands , at the sole discretion of the Village. The Owner shall pay to the Village all legal disbursements incurred with respect to registration. 7 . 2 Assignment of the Agreement* The Owner shall not assign this agreement except with the prior written agreement of the Village. 7 . 3 Serving of Notices . Unless otherwise specified in this agreement , any notices required under the provisions of this agreement shall be given by prepaid registered mail or by personal delivery to the following persons at the following address : TO THE MUNICIPAL: CLERK . Municipality of Port Burwell 21 Pitt Street , P.O. Box 10 Port Burwell , Ontario NOJ 1T0 TO THE OWNER: Anthony Lama & Grace Lama • Port Burwell , Ontario TO THE MORTGAGEE: 7 . 4 Mortgagee Becoming Owner The Mortgagee herein joins to consent to the terms of the agreement and agrees that in the event the lands become vested in him, the mortgagee shall be required to comply with the terms to the same extent as if he had joined as Owner. 7 . 5 Owner' s Liability Until any service or work herein provided for is accepted by the Village the Owner agrees to indemnify and save harmless the Village from all actions or suits which may arise either directly or indirectly by reason of the work done or the material supplied by any of the parties to this agreement pursuant to any of the provisions of this agreement. • 7 . 6 Notice to Purchaser of Services to be Provided The Owner agrees to notify, or cause to be notified, each and every purchaser of a home within said plan of all the services to be provided for such purchaser. 8. 8 . 1 Taxes The Owner shall pay in full all taxes in arrears . The Owner shall pay all taxes on the land, each home owner shall pay taxes on his home to the Municipality. 8. 2 Insurance Prior to commencing construction and installation of any of the services herein provided for, the Owner shall supply the Municipality with a liable insurance policy in the amount of $500, 000 . 00 dollars and in a form satisfactory to the Municipal . Solicitor indemnifying the Municipality from any loss arising from claims for damages, injury or otherwise in connection with the works done by or on behalf of the Owner on the lands . The policy shall not have any exclusion for blasting. In the event any renewal premium is not paid, the Municipality, in order to prevent the lapse of such policy, may pay the renewal premium or premiums , and the Owner agrees to pay the cost of such renewals • within ten ( 10) days of the account being rendered by the municipality. 8. 3 Interest on Overdue Accounts The Owner shall pay interest to the Municipality at the rate • of 15 per cent on all monies payable under this agreement which are not paid on the due dates , calculated from the due dates at the date of payment . 9 . MISCELLANEOUS PROVISIONS • 9 . 1 Building Permits and Occupancy Certificates Building permits shall be issuable upon completion of the municipal service and upon approval by resolution of Council of The Village of Port Burwell . 9 . 2 House Numbers All Street numbers for use within the proposed plan of subdivision shall be allocated by the Municipality. The owner shall furnish the Clerk with a copy of the plan as approved, upon which the Clerk will designate the proper number or numbers for each lot. It shall be the responsibility of the Owner to furnish . the subsequent purchaser of each lot with the correct street number. 9 . 3 Special Provisions (The Municipality may wish to include special provisions relating to individurl lots or to particular circumstances . ) 9 . 4 Number and Gender Wherever the singular or masculine is used in this agreement, if the context so requires it shall be deemed to include the plural or feminine. 411 • 10 BENEFIT AND BURDEN ' IT IS DECLARED AND AGREED that this agreement and the covenants , provisions , conditions and schedules herein shall enure to the benefit of and be binding on the respective heirs , executives , administrators, successors or assigns of each of the parties hereto. IN WITNESS WHEREOF the Corporation seals of the Owner and the Municipality are hereunto affixed under the hands of their proper signing officer in that behalf. IN WITNESS WHEREOF the mortgagee(s ) has (have ) hereunto set its ( their) hand(s) and seal ( s ) duly attested to be a subscribing witness. • SIGNED, SEALED AND DELIVERED in the presence of THE OWNER THE MORTGAGEE(S) THE CORPORATION OF THE . MUNICIPALITY OF THE VILLAGE OF PORT BURWELL Approved & Authorized by 44A16/-)d-vk • By-law No. '-2() enacted the 7 day of Noue..,6c1/ A.D. , 192 . r 1.1111111111.11.11 11 // • Village of Pori Burwell I/ 1; ..--------.__&/6,r • I. 5 • J Z •• ti / -'-'.. ----. I e 1N [ ___J L .... . . ( 1 : .s • n .^ 4,--. r _. I 1 1 � _ :1 3 ems` r[Lii:3►a� _ , 4 C�+, ILi __ ,�'4•*/ <...;Q " r�rr . : o • • Hfl ,7s, LANDS TO BE SUBDIVIDED y • KEY PLAN SCALE I ' 12000 2 Illi 0 PORT BURWELL t;OBft', NOME PARK -- . 1.0T 13, CONCESSION 1 4f9'tu.t.: . 0 I - - --c • f 1%2M !f W t` \ -�- 7*--) f— N al • lb CC. .1 ' ''''"1. ' . . ("Nr) S 7. 30.4m co , U _ 30.4m ii E 30.4m Z 27.4m �L_ C � UQ ". - L7' v -� - - • J 30.4m NI i.IJ y i F . 3S .- II o.1 1 �1 .1%.* . ' 1 '' .\ 4.. .„."),,s. i, N cs 4 Z 53.9m jitmlw.o T� i PROPOSED SITE PLAN I 0 10 20 Metres A A - T 0fil ''' 50 100 Feet ' . • , I PORT BURWELL 1331•" NO:;E PARK Fe " �, `�`. . • . LOT 13, coucessi0:4 1 cae, I - \ . lir c., , , --. ,---___ A%(.1 A) .s., ; 4- 1 T/) '11 l m I r 'L iiII ' (-11----4-A2- 04,249 —_______. 1 1.: 1 I. , • I1 . 1 Z it il � 1t � E L ,. ( , . ?�Y� I 0 Ov , i �`i • �r� I 3n.Em I I �, y1 7;:)\ '� 30.4;a- N i -•- - ---_re'4,kw- ' ,L�r I H 1_ - �I Z d FC' /�'sJ s� -- '1•41 I V , 4, N !OI1 I 2i.4m t- I . I \ - I ' w H 7i l',.1 : t -Z . it y; o i , l 30.41* . IiD �_o o , , o , 1 I E L '1- Ir,rii .2,y 11 . ti '•N• JS ON 1 r9 ' 7 W N:LI!' ''' ...s.s.,_ ..,cc.11/ IN C \TY' .S- c:, IJ IZIS . 53.5r J'o!1 GU/!<-2/15- .1 74lOdJ;" S PROPOSED SITE PLAN � 01 us S 0 10 20 I'ctres . `( 0 S0 100 Feet r' 1 0 • S • THE MUNICIPALITY OF VILLAGE OF PORT BURWELL le 7 L Meeting . . . ..fr19.. 5v 1 • Moved By . .. ,. .. ,_ ,� /.. _ 0 That leave be granted to introduce By-law to Seconded B e . ----t 11-/All2P 66- f7 a 1LPV7 t's-'4 iit 1ji7( } -t. adLZ,l • and that Bylaw presented herewith be read a first time. /) /� By-law read a --- ; .. - time (.;„,,,,,j J GctdV�i/X4 ��'^_t , li I - ___--- - - , i 1 - That By-law now read a first time be read a second time forthwith. Seconded By ._ . - _za._ By-law read a�„Z.0 -_-- .- timed ,6• •; Kte,✓z- N Moved Byy.- -` - •, . - ,� _ That By-law now read a second time be read ipbi ' a third time forthwith. Seconded By _ 4 ---- _ _. 11 By-law read a .I _.._/__ .time - 111111 Moved By .... ,, yr . .. That By-law now read a third time do pass, V� be engrossed by the Clerk, and signed and Seconded By _---- _ - sealed by the Reeve. bw v,_ 1,1 aC;-ai dteitv-1-44 -Ce"leuT 411( ti 4? , c 11';:i / / / illi:evve----' 1 VILLAGE OF PORT BURWELL • BY-LAW NUMBER 88-?2.— Being a by-law designating the dates on which a reduced load period shall start and the highway to which the description applies. • WHEREAS under the provisions of subsection 104 a (7) of the Highway Traffic Act, R.S.O. 1980, c . 198, as amended, a municipal corporation may designate the dates on which a reduced load period shall start and end and the highway to which the designation applies; AND WHEREAS the Council of the Corporation of the Village of Port Burwell deems it necessary to make such a designation on certain highways within the Village of Port Burwell . AND THEREFORE the Council of the Corporation of the Village of Port Burwell hereby enacts : • 1 . A reduced load period shall start on the day after the passing of this by-law and end on the 31st day of December, 1988 and thereafter shall start on the 1st day of January in each and every subsequent year and end on the 31st day of December of each and every subsequent year . 2 . The reduced load designation applies to the highways within the Village of Port Burwell listed in Schedule "A" attached hereto, which Schedule forms part of the by-law. 3 . During a reduced load period no commercial motor vehicle, or trailer, other than a purlic vehicle or a two-axle tank-truck, which is used exclusively for the transportation of liquid or gaseous heating fuel or vehicles operated by or on behalf of a municipality transporting waste, shall be operated or drawn upon any designated highway where the weight upon an axle exceeds 5000 kilograms. 4 . Any person who contravenes section 3 is guilty of an offense and on conviction is liable to a fine of, • (a) $2 per 100 kilograms, or part thereof, for any weight in excess of that permitted under this By-law, where the overweight is less than 5,000 kilograms, but in no case shall the fine be less than $50 ; • (b) $4 per 100 kilograms, or part thereof, for any weight in excess of that permitted under this By-law, where the overweight is 5,000 kilograms or more but is less than 7, 500 kilograms; J • - 2 - BY-LAW NO. Q vQ -2-Z • • - (c) $6- per 100 kilograms, or part thereof, for any weight in excess of that permitted under this By-law, where the overweight is 7,500 kilograms or more but is less than 10,000 kilograms; • (d) $8 per 100 kilograms, or part thereof, for any weight in excess of that permitted under this By-law, where the overweight is 10,000 kilograms or more but is less than 15,000 kilograms; • and (e) $10 per 100 kilograms, or part thereof, for any weight in excess of that permitted under this By-law, where the overweight is 15,000 kilograms or more. 5. This by-law shall come into full force and take effect upon the final passing thereof. i MOVED BY / ECONDED B 1 , SATE ' c • e read a first / That By-law 8 -� • Ind carried. ‘44* r. MOVED BY , \. ` \ SECONDED BY �_ l , ,�,1 _ DATE / tg t That By-law 8 : `Z_b4e r d a Second tiipe`. • d and carried , ;%�! 1 MOVED BY ED BY t • ' DATE B Thay By-law 88-Z.t-"be read a third ti - Reading dispensed ith, finally passed. Cciokaj ‘ / . 7dee_ OaApt ett,o, Ida/. 4,1,p Ail•W • • 111 SCHEDULE "A" • NUMBER HIGHWAY FROM TO 1 Addison Street Wellington Homer 2 Waterloo Street Chatham Addison 3 Tennyson Chatham Addison 4 Southey Chatham Addison 5 Cowper Chatham Addison 6 Homer Chatham Addison 7 Brock Robinson Strachen 8 Strachen Hagerman Erieus 9 Shakespeare Wellington Erieus 10 Milton Lake Erie William 11 Elizabeth Lake Erie William 12 Victoria Pitt Wellington 13 Waterloo Erieus Victoria • 14 Pitt Erieus Victoria 15 Libbye All of Highway 16 Faye All of Highway III • • . e of Pzr t unwell Pons 100 Oat.�: Villa • BY-LAW No. 88.723.. .. TI3p=tatu to authorize the borrowing of S Seventy thousand xx ViLtaw Whereas the Council of the me �r� .: ��*- ie G:a'w V CIA'. (hereinafter called the "Municipality") deems it necessary to borrow the sum of $ 70,000.00 to meet, until the taxes are collected, the current expenditures of the Municipality for the year; Nora.—Rete. And Whereas the total amount of the estimated revenues of the to the estimates for the current Municipality as set forth in the estimates adopted for the year 1%8 , is year d adopted; if not.to those of last year. $ Four thousand and thirty three thousand dollars • (Delete this And Whereas the total of amounts heretofore borrowed for the purposes paragraph d not applicable) mentioned in subsCction (1) of Section 332 of The Municipal Act which have not been repaid is S NIL • Therefore the Council of the Village of Port Burwell hereby enacts as follows: 1. The Head and the Treasurer are hereby authorized on behalf of the Municipality to borrow from time to time by way of promissory note from CANADIAN IMPERIAL BANK OF COMMERCE a sum or sums not exceeding in the aggregate $ to meet until the taxes are collected the current expenditures of the Municipality for the year, including the amounts required for the purposes mentioned in subsection (1) of Section 332 of the Municipal Act, and to give on behalf of the Municipality to the Bank a promissory note or notes sealed with the Corporate Seal and signed by the Head and Treasurer for the moneys so borrowed, with interest at such rate as may be agreed upon from time to time with the Bank. 2. All sums borrowed pursuant to the authority of this by-law,as well as all other sums borrowed in this year and in previous years from the said Bank for any or all of the purposes mentioned in the said Section 332, shall, with interest thereon, be a charge upon the whole of the revenues of the Municipality for the current year and for all preceding years as and when such revenues are received. 3. The Treasurer is hereby authorized and directed to apply in payment of all sums borrowed as aforesaid, together with interest thereon, all of the moneys hereafter collected or received either on account or realized in respect of taxes levied for the current year and preceding years or from any other source which may lawfully be applied for such purpose. • Passed this 13th day of December 1988 v`� I HHAD F T• UNICIPALiTV • SEAL I � CLERK I hereby certify that the foregoing is a true copy of By-law No. 88-23 of the Village of Port Burwell in the Yrovince 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 13th day of December 1988 As Witness the Seal of the Village of Port Burwell, County of Elgin UAL �. mac �—r • THE MUNICIPALITY OF VILLAGE OF PORT BURWELL S Meeting December 13 ,1988 Lt\°C-V Moved B ......��r ..._, �t,.�L - That leave be granted to introduce By-law to • Seconded By ._.._. e 6-___ -.."--,,,................_ Authorize the borrowing of seventy thousand dollars being by-law number 88-23 • and that Bylaw presented herewith be read a first time. By-law read a first time Moved .._.f ff- . ..--x. 2 l- I That By-law now read a first time be read a �� 1 second time forthwith. Seconded By Bylaw read a sec 4115 _ time Moved B )244.2&17----- That By-law now read a second time be read _6 e� a third time forthwith. Seconded By 5.-�' By-law read a .....__third .time • Moved By .---------- -- --25e'•-----. ..-_.i!-./ That By-law now read a third time do pass, be engrossed by the Clerk, and signed and 7(Seconded Bysealed by the Reeve. IL y - r �C w VILLAGE OF PORT BURWELL BY-LAW NUMBER 88-24 ' Being a by-law to establish a special purpose bank account at the Canadian Imperial Bank of Commerce • WHEREAS the Village of Port Burwell is desirous of establishing a special purpose bank account to be used for revenue and expenses associated with maintenance of the Port Burwell harbour. WHEREAS Council authorizes the use of the account by the Harbour advisory Committee. THEREFORE be it enacted that ; 1 . An interest bearing chequeing account be opened at the Canadian Imperial bank of Commerce by the Treasurer. 2 , That all monthly statements and other documents be forwarded to the Treasurer. 3 . That all unused funds each year on November 1 , be retI ned on • a prorated basis to the contributer. i MOVED BY 4/r�lr /)4d- SECONDED BY %i - , DATE That by aw 8 4 be read a first time . Read and carried. MOVED BY a'�. (-"-- S. — SECONDED : ' i _ 4616, , ' DATE That by-law 88-24 be read a second time. r. ad 4nd carried. MOVED BY '? yvg7_., , SECONDED BY " , , de-,/ DATE That by-law 88-24( be read a third time. Reading di : .ensed with , finally passed. 27 . (.6)..e....ery : // ''''' 'p V 41(1 ..,‘ \‘‘. 6 (...s.._ 4c0e_Ar• (.' Cf21.4Q• I 0 THE MUNICIPALITY OF VILLAGE OF PORT BURWELL (-) v(-76 Meeting 19..6f^ Cj Moved By .... . .. `___-- _ _,L.—.9 That leave be granted to introduce By-law Os-,Seconded By .%1\. % k_._ .0 c - .17 - -tt_yz,-,-„,_ 7-c, ,,Litie, ,,,,41- et tf_6 ---d-c, (._%,,...„ ill and that By-law presented herewith be read a first time. n / / / /. lete,?..t By-law read a ______..1 It.._ time �✓ c/K or ' 'r 1\DJA1(6._p Moved By That By-law now read a first time be read a second time forthwith. Seconded By .k‘.0i-,--kt I By-law read a 92 L. time 04/"11.4) 7e- 404-41 /61-14 - .. Moved By r/ .. -- - —— -^+' That By-lawse now read a c' time be read P" �� �,v a third time forthwith. Seconded By �... ._._... By-law read a -�_ 4 time :,eco► �`�� .t;,,.,,* 9 / 0° Moved By That By-law now read a third time do pass, be engrossed by the Clerk, and signed and Seconded By .....__.... sealed by the Reeve. Cf4 / /.(,../.2,1,;2- MOE File # 1-0337 • OMB File # E 78388 SCHEDULE "A" TO BY-LAW 88-12 OF THE CORPORATION OF THE VILLAGE OF PORT BURWELL. THIS AGREEMENT made in four copies this day of A.D. , 198 . BETWEEN: HER MAJESTY THE QUEEN IN RIGHT OF ONTARIO AS REPRESENTED BY THE MINISTER OF THE ENVIRONMENT (hereinafter called the "Crown") • OF THE FIRST PART --and-- THE CORPORATION OF THE VILLAGE OF PORT BURWELL (hereinafter called the "Municipality") OF THE SECOND PART WHEREAS pursuant to an Agreement (the "Previous Agreement" ) dated the 28th day of August 1980, between the Crown and the Municipality sewage works (the "Works") were constructed to provide sewage service for the Municipality; and 111 WHEREAS the net capital cost of the Works in the amount of $224,952 has already been paid by the Municipality to the Crown; and WHEREAS the Municipality now wishes to take over the ownership of the Works and wants the Crown to continue to operate the Works (described in Schedule "A" attached) under a separate agreement; and WHEREAS it is desirable to terminate the Previous Agreement as nothing remains to be done under it; and . WHEREAS the council of the Municipality has passed By-law No. 88- 12 authorizing the Municipality to enter into this agreement. iMMEM -2- • WHEREAS the Ontario Municipal Board by its Order dated 7) , 1986 has approved the said by-law. THE PARTIES HERETO AGREE pursuant to Sections 7 (2) and 8 of the Ontario Water Resources Act as follows: 1. The Works are hereby transferred by the Crown to the Municipality which shall own them. 2. The Municipality will pay to the Crown such expenses as the Crown incurs either before or after the date of this agreement and which • the Crown would normally have recorded on its books as a cost of providing sewage service under the Previous Agreement if it had not been terminated and for which the Crown issues an account to the Municipality. 3. The Crown will execute at the expense of the Municipality such further and other assurances as counsel may advise and the Crown agrees with respect to any property held by the Crown for the sole purpose of the Works. 4. The Previous Agreement dated August 28, 1980 is hereby terminated. 111 IN WITNESS WHEREOF the parties have duly executed this agreement. THE CORPORATION OF HER MAJESTY THE QUEEN THE VILLAGE OF PORT BURWELL IN RIGHT OF ONTARIO AS REPRESENTED BY THE MINISTER OF THE ENVIRONMENT REEVE C/S MINISTER CLERK • Schedule "A" to an Agreement between the Minister of the Environment and the Corporation of the Village of Port , Burwell. Description of Works Sanitary sewer system, pumping station and forcemain and 110 treatment plant. VALUE For Insurance Purposes: $3,108,000 • RESERVE ACCOUNT $ Maximum Maximum Annual Charge Balance To be determined in consultation with the Municipality at a later date. MINISTRY OF THE ENVIRONMENT • VILLAGE OF PORT BURWELL SEWAGE WORKS SYSTEM PROVINCIAL PROJECT NO. 1-0337 STATEMENT OF CAPITAL ACCOUNT CAPITAL COSTS o Gross Capital Cost $3,108,000 o Ptovincial Assistance $1,910,048 • COASP 973,000 (2,883,048) Principal Outstanding $ 224,952 o Prepayment: Cheque No. 2553 ( 224,952) Amount Owing by Municipality 1985 $ 0 0 • • • The Corporation of The Village of Port Burwell PO Box 10 21 Pitt Street Port Burwell, Ontario By-Law 94-08 Being a Bylaw to renumber certain By-laws in order to avoid numerical duplication Whereas Section 102 of the Municipal Act RSO 1990 c. M.45 provides that a council may pass by-laws governing the operations of the municipality and Whereas the numerical sequence of certain by-laws passed between 1945 and 1992 have used the same numbers. The Council of the Village of Port Burwell hereby deems it necessary to change the numbering of the following by-laws as follows; 1. BY-LAW 86-08 being a Bylaw to Appoint a By-law Enforcement Officer, shall be changed to BY-LAW 86-01. By-law 86-08 being a by-law to set the Rates and Levies for 1986 shall remain. 2. BY-LAW 86-12 being a by-law to Designate the Old Baptist Church as a Historical Building, shall be changed to BY-LAW 86-18. By-law 86-12 being a by-law to authorize the expropriation of Land shall remain. 3. BY-LAW 86-14 being a by-law to appoint a Building Official, shall be changed to BY-LAW 86-19. By-law 86-14 being a by-law to Amend By-law 86-13, the Zoning By-law shall remain. 4. BY-LAW 230 being a by-law to Set the Rates and Levies for 1969, shall be changed to BY-LAW 125. BY-LAW 230 being a by-law for the Roads Expenditure shall remain. 1 5. BY-LAW 87-15 being a by-law for Licensing and the Regulation of Taxi Cabs, shall be changed to BY-LAW 87-27. By-law 87-15 being a by-law to Authorize Offer to Settle shall remain. 6. BY-LAW 88-12 being a by-law to Grant Ownership of the Sewage Works shall be changed to BY-LAW 88-25. By-law 88-12 being a by-law to Allow Encroachment at 22 Pitt Street shall remain. 7. BY-LAW 89-04 being a by-law to Authorize the Lease of Harbour Lands with the Department of Fisheries and Oceans shall be changed to BY-LAW 89-06. BY-LAW 89-04 being a by-law to Adopt an Official Plan for the Village of Port Burwell shall remain. 8. BY-LAW 89-13 being a by-law to Appoint a Plumbing Inspector shall be changed to BY-LAW 89-16. BYLAW 89-13 being a by-law to set the Water and Sewer Rates shall remain. 9. BY-LAW 90-11 being a by-law to Appoint a Deputy Fire Chief shall be changed to BY-LAW 90-19. By-Law 90-11 being a by-law to Appoint a By-law Enforcement Officer shall remain. 2 This by-law read a :rst and second time t•'_ 27th day of September 1994. I/' omas Nesbitt, Reeve •vi. 'V ree, Administrator/Clerk-Treasurer This by-law read a third time and finally passed this 27th clay of September 1994. _.,/je*/ • .mas Nesbitt, Reeve Davi►".Free, Administrator/Clerk-Treasurer 3 r--r-- -. - _ _._ ..... " r'.% �' s. • M 4.' `y ''1 • THEMUNICIPALITY OF VILLAGE OF PORT BURWELL 6 Meeting ,19..26+21' Moved By .....40L-0c That leave be granted to introduce By-law rim.— Seconded By _______. Bg - /-2 :?:tit—t, 714 4-Lat-Tc_"- 0-4----.--4-...4-1- cit 4'6 1 . _ and that By-law presented herewith be read a first time. ,/ By-law read a ._sV.._...__..--time ( ,tt/'v i1G 444411 inc6..._p Moved By ����—JJJ— —- That By-law now read a first time be read a second time forthwith. Seconded By -__ _ ... __.._. _ By-law read a time etAA- a ,r,_ Lc4i4 X'ei-tQ A �/ . _._.__._...__. 71:-:—° Moved By _ / — That By-law now read a ae0004-time be read P" EA—, a third time forthwith. Seconded By By-law read ad time .ec\ n-e ` ._ Moved By '__-_'•-___.__._---.—__..— _____—._____._.I That By-law now read a third time do pass, _ I be engrossed by the Clerk, and signed and Seconded Bysealed by the Reeve. c'_SSL 0"*. e MOE File * 1-0337 OMB File # E 78388 C SCHEDULE "A" TO BY-LAW 88-11 OF THE CORPORATION OF THE VILLAGE OF PORT BURWELL. i THIS AGRE MENT made in four copies this 3 % S{ day of f A 19 8 9 BETWEEN: HER MAJESTY THE QUEEN IN RIGHT OF ONTARIO AS REPRESENTED BY THE MINISTER OF THE ENVIRONMENT (hereinafter called the "Crown") OF THE FIRST PART --and-- THE CORPORATION OF THE VILLAGE OF PORT BURWELL (hereinafter called the "Municipality") OF THE SECOND PART WHEREAS pursuant to an Agreement (the "Previous Agreement" ) dated the 28th day of August 1980, between the Crown and the Municipality sewage works (the "Works") were constructed to provide sewage service for the Municipality; and WHEREAS the net capital cost of the Works in the amount of $224,952 has already been paid by the Municipality to the Crown; and WHEREAS the Municipality now wishes to take over the ownership of the Works and wants the Crown to continue to operate the Works (described in Schedule "A" attached) under a separate agreement; and WHEREAS it is desirable to terminate the Previous Agreement as nothing remains to be done under it; and WHEREAS the council cf the Municipality has passed By-law No. 88- 12 authorizing the Municipality to enter into this agreement. R.FREE.C.E.T..A.M.C.T. AdpdNe rrOI $S 6FTfMnirer of the vim*,at Port Dm*Gerdy the forgoing b WI Dopy, [Wed elitZagi2—dely 190L e - p_. -2- WHEREAS the Ontario Municipal Board by its Order ' dated , 1986 has approved the said by-law. THE PARTIES HERETO AGREE pursuant to Sections 7 (2) and 8 of the Ontario Water Resources Act as follows: 1. The Works are hereby transferred by the Crown to the Municipality which shall own them. 2. The Municipality will pay to the Crown such expenses as the Crown incurs either before or after the date of this agreement and which the Crown would normally have recorded on its books as a cost of providing sewage service under the Previous Agreement if it had not been terminated and for which the Crown issues an accour.t to the Municipality. 3. The Crown will execute at the expense of the Municipality such further and other assurances as counsel may advise and the Crown agrees with respect to any property held by the Crown for the sole purpose of :he Works. 4 . The Previous Agreement dated Aigust 28, 1980 is hereby terminated. IN WITNESS WHEREOF the parties have duly executed this agreement. THE CORPORATION OF HER MAJESTY THE QUEEN THE VILLAGE OF PORT BURWELL IN RIGHT OF ONTARIO AS REPRESENTED BY THE MINISTER OF THE EN/I RONMENT REEVE C/S M I. TER C / ApAlpp CLERK Apprir- w� !,. y� , e Sch dule "A" to an Agreement between the Minister of the Environment and the Corporation of the Village of Port `� Bur.ell. D Description of Works • San: =ary sewer system, pumping station and forcemain and tre< :ment plant. C VALUE For Insurance Purposes: $3,108,000 • RESE::VE ACCOUNT Maximum Maximum Annual Charge Balance To be determined in consultation . with the Municipality at a later date. C MINISTRY OF THE ENVIRONMENT VILLAGE OF PORT BURWELL SEWAGE WORKS SYSTEM PROVINCIAL PROJECT NO. 1-0337 STATEMENT OF CAPITAL ACCOUNT CAP: :'AL COSTS o Gross Capital Cost $3,108,000 o Provincial Assistance $1,910,048 o COASP 973,000 ! (2,883,048) (2Principal Outstanding $ 224,952 ° Prepayment: Cheque No. 2553 ( 224 ,952) Amount Owing by Municipality 1985 $ 0 L (l