HomeMy WebLinkAboutPort Burwell By-Laws 19884W
13
Port Burwell
Byr-a Laws
By -Laws
# 88 — Ol -- 88 - 25
n
THE CORPORATION OF THE VILLAGE OF PORT BURWELL
BY-LAW NO. 88-01
i
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 isqQk-than 0, feet in width
and more than` 2& fget in length, n or w ST D
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.
17
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SCf'^li�j'^"t�v/ I I/
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(3)
Read a first and rseco d time this 25 day of January
. 1988.
Moved By
Seconded BY A, .,
0
�j
Reeve
Read a third time and passed this 25 day of January
3
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Village of Port Burwell
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THE CORPORATION OF THE VILLAGE OF PORT BURWELL
BY-LAW NO. 88-01
Bu ng 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 Sectton 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 isr1 than C5,feet in width
and more than 20 feet in length, "c
I ^"1 %�l ,,� {ul •• . �-� �r I �.,: �r..•i•C t... l.a � t�•' �KE^".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
confCrm 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.
(-A
c art L` r
C (3)
Read.a first and sec o d.time. this 25 day of January
1988. Ll
Moved By ,F ��c
_ r�
Seconded BY --^
Reeve
Read a third timt and passed this 25 day of January
1988. , �-
Moved By
Seconded By 1. '
eeve /Clerk
CI
i
\ 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
CGIED 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.
•
P�
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F urm 100 Ont -71
Village of Port Burwell
BY -LAN\' No.88-02
to authorize the borrowing of $
Whereas the Council of the
(hereinafter called the "Municipality") deems it necessary to morrow the sum
of S 60, 000.00 to meet, until the taxes are collected, the current
expenditures of the Municipality for the year; 1988
And Whereas the total amount of the estimated revenues of the
to the tstimates
r the eorrent Munici alit r as set forth in the estimates ado ted for the year 1') p is
u it adopted; p f O �r
not. to those
la,t Ira r.
S over Three Hundred Thousand
g,.jhef nut hi, And Whereas the total of amounts heretofore borro��ed for the purposes
parat[nph J
avvhc+blel mentioned in subsection (1) of Section 332 of The Municipal act which have
not been repaid is $ 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 C.ANADIAN l."1PERIAL BANK
OF COMMERCE a sum or sums not exceeding in the aggregate S
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 Bulk.
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 25 day of January 19 88
r
THE AD OF'TI UNICIPALITY
SEAL
CLERIC
I hereby certify that the foregoing is a true copy of By-law
No. 88-02 of the yiljgge of Pgrt Burwell
in the I'ro%ince of Ontario, c tt y passed at a meeting o the Council of the said
Municipality duly held, and that the said By-law is in full force and effect.
Uated This 25 clay of January 1988
As Witness the seal of Corporation of
the Village of Port Burwell
1
SEAL (
/// 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 BY /�_J� �� SECONDED BY DATE
That b Y- a 88-03 be read a first time. ead an carried./ff
MOVED BY / ` r(y- SECONDED BA1, DATE
That by-law 88-03 b ea a second time. R n pensed w
MOVED BY SECONDED BY DATE*.i40,
b
That, by -la, 88-03 be ead a third time. Rea ' dispensed
finally sed.
0
�ov�l
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 desi"gnate 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 SECONDED BY/�1041 DATE
That by-law - be ead a first time. Read and carried.
i
MOVED BY SECONDED BY i A eC- DATES
That by-law 8 -04 b r ad a second time. Read and dispensed with.
MOVED BY SECONDED BY&=.7DAT�That by-law 4 be read a third time. eading dispensed it ,
finally pas d.
•
THE CORPORATION OF THE VILLAGE OF PORT BURWELL
• BY-LAW NUMBER 88-05
---------------------------------------------
• 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 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;
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 municjpality.
MOVED B)t��9"SECONDED BY � DAT
That by-law 88-05 be re a a first time. e n carried
r r.
MOVED BY / SECONDED BY ATE
That by-law 88-05 be read a second time. ad and dis ensed i*t
P
MOVED BY SECONDED BY ^ L AtrC—CDAT ly
That by-law 5 be rea a third time. Reading dis ensed �Jit#
P
finally passed.
•
The Municipal Act, RSO 1980
Section 158
THE. CORPORATION OF THE VILLAGE OF PORT BURWELL
IN THE. COUNTY OF ELGIN
By -Law 86-66
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
Public School Support ............... $ 635911 $ 196574 $ 832485
Elementary Separate School Support ... $ 24153 t__ 675 $ 24828
Publc 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 be 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
bythe 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
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 ........... $_1_712
representing the amount of portion of telephone
and telegraph gross receipts payable under section 161
of The Municipal Act that is attributable to secondary
• school levies; and further reduced by a sum of..$ 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 ................. . . . . .
$
any overlevy (underlevy)inrespectofthe 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 ............................................$
v
any overlevy (underley) 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..t 107,82 $ 1.26.84
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
•
Ll
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, thA
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.
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 irkterest, has been employed either
• within or outside the municipality 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
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 'A — CONDED BY
That by- aw numbe n - be read a first tim Read and
carr i edw , c--� k k 0 to
MOVED BY
That by-law
• and dispe sed 'th.
MOVED B `
That by- aw number 88
dispensed with, and f
Read a third time
of A ril, 1988.
jeo � AId A Al
P_'A ;PI - -m3nwmf_�Wxd!-I
Ron dfie W,
El%v6q ' Vatty, CL
s
is
SECONDED BYO&.d&i
8- be read a econd time. ead
IJ 1s
/ SECONDED B
e read a )t! !d time. Reading
ly passed.
and finally passed this 25 day
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A B D "
1988 BUDGET,,,,,,,, MUSEUM BUILDING ONLY
ACC # DESCRIPTION ACC BALANCE
BALANCE SHEET 1987.
BUDGET
1988.
E '
1005
local boards
B
,00
,00
1000
bank general 71500718
B
-1895,48
35000,00
1001
petty cash
B
100,00
100,00
1002
term deposits
B
,00
,00
1003
account recievable sewer instaB
6267,09
3000,00
1004
account recievable water\sewerB
1818,42
1000,00
1011
acc. rec. taxes current
B
34230,62
34230,62
1012
acc. rec. taxes previous yearsB
28280,22
28280,22
1013
acc. rec. taxes accrued intresB
11356,75
11356,75-
1014
acc. rec,. misc
B
4912,28
4912,28
1015
prepaid expenses
B
,00
,00
1016
acc rec Federal government
B
1017
Bank Frontage & Connections
B
,00
,00
1018
OWED BY NON PROFIT HOUSING
B
2340,00
1500
Fixed Assests
B
7040,60
1501
due from capital fund
B
,00
1502
Due to revenue fund
B
,00
,00
1503
OHRP Bank
B
62907,79
62907,79
1504
OHRP accounts receivable
B
,00
,00
1505
OHRP Loans receivable
B
60230,68
60230,68
1506
OHRP Trust fund balance.
B
-123619,55
-123619,55
2000
capital outlay to be recoveredB
,00
2001
Adjustment Holding Account
B
,00
A
� �B
'Accumulated
i
29
2500
Depreciation
B
• 30
3000
current liabilities
B
31
3001
payables
B
32
3002
deffered revenue
B
33
3003
county of elgin
B
34
3004
misc
B
•
3006
P.U.0
B
36
3007
M.O.E. water & sewer
B
37
3008
reserve for working funds
B
38
3009
reserve for capital funds
B
39
3010
surplus village
B
3011
surplus county
B
•40
41
3012
county board of education
B
42
3013
separate school education
B
43
3014
surplus water & sewer.collect.B
44
3015
N.S.F. cheques bank adjustmentB
45
3500
bank loans
B
46
3501
O.H.R.P. fund loan
B
47
3502
Tertiary &•Secondary Debt
B
48
4000
surplus
B
49
4001
retained earnings
R
50
4003.
OWED TO REVENUE FUND
C
• 51
ADDITIONS TO FIXED ASSETS
B
52
53
54
0
56
BALANCE
SHEET TOTALS
D.
E
.,00
,00
,00
,00
-79617,80
-42267,00
,00
,00
,00
,00
,00
,00
,00
,00
,00
,00
-123498,16
-95000
-5132,00
-10132
,00
882,16
-4095,75
-1469,52
,00
70,00
,00
35500
,00
,00
81324
-2068
30000
0
A "
57
• 58
59
45DD
60
45AA
61
4500.
62
4500
•
4501
64
4502
65
4503
66
4504
67
4505
8
4506
69
4507
70
4508
71
4509
72
4510
73
4511
74
4512
75
4513
76
4514
77
4515
78
4516
•79
4517
80
4518
81
4519
82
4520
•
4521
84
4522
INCOME AND EXPENSES
FROM RESERVES L
BANK LONGTERM a 14% INT/15YRS L
LOCAL IMPROVEMENTS I
taxation current I
taxation current penalty I
taxation arrears intrest I
photo copies misc. I
licences I
Building permits I
Ontario grants misc. I
Ontario Roads Grants I
Ontario Recreation Grants I
Ontario Grants resource equiliI
Ontario Grants household I
Ontario Grants Stabalizat.ion I
Ontario Grant Culture I
Rent O.P.P. I
Rent Library I
Rent P.U.C. I
Rent Trailer Park I
Rent East Beach I
Bank Interest I
S.E.E.D Programs I
Ontario Employment Programs I
Canada Employment Programs I
Canada Grants misc. I
D "
-35500
-232980,85
-3309,46
-5387,85
-64033,96
-5175,00
-2499,00
-6515,89
-36000,00
-6000,00
-64068,00
-10350,00
-22703,00
-5612,63
-4064,40
-2152,17
-1200,00
-9550,00
500,00
-1085,60
-3798,00
-1430,00
-5514,00
-1902,96
E ;
-30000
-35500
-246339
-4000
-5400
-3000
-2000
-1100
-5000
-36500
-6000
-66347
-10500
-25095
-2200
-2100
-3000
-1200
-9000
-500
-900
-4200
-2800
-500
' A
B
D
E
4523
Grant in lieu Canada
I
,00
-1200
4524
Grant in lieu Ontario
I
-7556,29
-12000
4525
Grant in lieu Liquor Store
I
,00
4526
Grant in lieu P.U.C.
I
-1325,57
-1300
4527
Water/Sewer collectio from
PUCI
,00
4528
Sewer connection charges
I
-360,00
4529
MANAGEMENT FEES P.B.N.P.H
I
,00
-5000
4530
O.H.R.P. Collections
I
-16789,16
-12000
4531
Lighthouse Donations
I
-8605,51
-800
4532
O.H.R.P. Administration Fees
I
-741,00
-1200
4533
Telephone
I
-6750,85
-7000
4534
County Rebate
I
-2517,66
-2600
4535
Revenue Social Employment Pro
I
-2489,58
-2800
4536
Water Collections
I
-72459,40
-75000
4537
Sewer Collections
I
-50677,45
-55000
5000
I
,00
5500
I
,00
6000
I
,00
6500
I
,00
7000
General Adm. Clerk's salary
I
22181,69
23000
7001
General Adm. Other salaries
I
9066,65
15000
7002
Gen. Adm. Clerks travel & confI
5727,54
5000
7003
Gen Adm. Stationary ofice
supI
19555,99
20000
7004
Gen. Adm. Auditor
I
9223,00
9000
7005
Gen. Adm. Legal Fees
I
1358,35
1500
7006
Gen. Adm. Insurance
I
11612,00
15000
7007
Gen. Adm. Workmens CompensatioI
3534,37
4000
7008
Gen. Adm. Promotion
I
1207,80
1500
f
' A
7009
7010
7011
7012
7013
7014
7015
7016
7017
7018
7019
7020
7021
7022
7023
7024
7025
7026
7027
7028
7029
7030
7031
7032
7033
7034
7035
7036
B ,
Gen. Adm. Tax Sales I
Council Salaries I
Council Travel & Conferences I
Protection Fire Dept. wages I
Fire Dept. material & suppliesI
Fire Dept. Truck repair & fuelI
Fire Dept. Heating Oil I
Protection Annimal Control I
Protection By-law Enforcement I
Protection Building Inspector I
Protection Other I
Protection Erosion control I
Street light maintenance I
Street lights New Lights I
Building expenses O.P.P. I
Building expenses Library I
Building expenses P.U.C. I
Building expense Trailer Park I
Building expenses East Beach I
Building expenses Harbour mtceI
Roads Wages I
Roads Equipment repairs I
Roads Materials Shop, I
Roads Materials (Roadway) I
Garbage Disposal I
Parks Ball Diamond Flower BedsI
Recreation � I
Culture (Lighthouse) I
D" it
E
,00
600
1318b, 00
15000
1910,45
4000
10109,00
11000
10284,66.
10000
1414,02
1000
3626,10
3800
1558,00
1700
300,00
800
411,02
1000
1440,00
1000
-720,00
1500
2378,97
2500
,00
1000
397,17
2400
875,55
2000
45,00
100
819,15
1500
45,95
500
753,60
1000
20407,10
25000
12119,07
10000
4424,13
4000
55343,72
34000
15978,59
18000
807,21
1500
6489,71
7000
18590,96
3000
A
B
I) .
E
7037
O.H.R.P. I
18027,60
12000
7038
Receiver General I
14157,93
17000
7039
Employees O.H.I.P. I
1249,50
1500
7040
County of Elgin I
31167,94
36620
7041
Elementary Elgin County Board I
65473,21
57127
7042
Secondary Elgin County Board I
53834,86
52916
7043
Elementary Elgin Separate SchoI
2629,50
1691
7044
Secondary Elgin Separate School
308,00
1500
7045
Long Point Conservation AuthorI
1208,00
1009
7046
M.O.E. Frontage & Connections I
,00
7047
M.O.E. Water Charges 1
59790,38
70000
7048
M.O.E. Sewer Charges I
51999,96
54000
7049
OTHER WATER/SEWER EXPENSES I
20742,85
5000
7050
O.H.R.P. transfer I
,00
7051
Water Meters - service, parts I
8526,13
1000
7052
Memberships, registr, subscript
494,10
900
7053
Secondary Water System RebatesI
6305,00
7054
Drains - materials, repairs I
6270,63
3000
7055
PUC Exp / tree trim I
1529,35
1000
7056
Planning & Zoning I
12327,78
10000
7057
New Building SENIORS I
50899,48
7058
Repay loan fr Resry fund sewerI
21818,73
21818
7059
Repay loan fr Resry fund WaterI
14123,30
14000
7060
Transfer to reserve I
900
6000
7061
New Office Equipment I
,00
1500
7062
Bank Loan Interst I
1038,28
2000
7063
Fire Dept Capital Purchase I
,00
5000
,
7064
S.E.E.D. Program I
4806,53
4200
A
B
169
7065
Experience 19§7/f988
I
• 170
7066
Social employment program
I
171
7067
LONG TERM LOAN PAYMENT
I
172
7068
Section 38
I
173
7069
Old Baptist Church
I
174
7070
New Municipal Building ETC.
I
95
7500
Other income & expenses
I
176
8000
NEW BLDG museum
I
177
PRIDE PROJECT/MARINA
178
REVENUE
MINUS EXPENSE [SURPLUS]
179
BALANCE
SHEET
180
TO TAKE
FROM RESERVE for deficit
0181
TOTAL REVENUE
LESS TAXES
182
TOTAL EXPENDITURES
183
TAX REVENUE REQUIRED
0
D • "
2b95,66
2293,G7
,00
2521,21
10614,75
1500,00
-4745,82
,00
n
30859
-2068
-701605
732465
E ;
2800
2800
500
30000
3000
0
0
0
-432742
679081
246339
E ::
i R S ------------------- ---- -SEP SEC
LEVY C�-CIA.RTICIN 1900 ---- -__-_-- SEP ELH
--- SEC PUP
-- '- -----� H PUP 61.21
K ••
N ,
_ _ ______ ------
.__-----"'1111NICIVRI. TOT NUN•CONTYrPAMO TOTF:L
COl11iY 148.Fi1 276,44
41.29 126.R4 175.13 Z69�96
22
�' 3l 7, 59
1980.MILL.RES.pi1PLIC
Mill RATES-COMI p p
66.36
79.00
71,03
f7.7H
79. 74
53♦ 31
62. 7�
rr.4 .. wwrr•�)61.00
.00
4 . 00
190f1.
1988 MILL,SEp �S r.r..rrww....rwrrrrrwrww..rrww�4•�
MILL rw,..r.rw......•.."..rrr.rrrwwz4153.00 24154.00
. 00
143474,I10
143474,00
143474,U0
14 34 74.
53775,O0
J
1980
wrwrrrwr..rrwwwrrww,.wrr..RESID.u.wwwrr
Va 1�5 RESIDENT
6�nI1,O0
142954.00
635911,00
142`154.OU
553 ,00
155.00
520.00
155.00
s3775.00
057313,00
53775.00
057313.00
657313.00
1Aw.ASSESSPEMT
1990.ASSESSTENT VALUES COMMERCI
OUSINE55
53620. O0
53F>20.00
0314Ff5,OD
24629. W
24029,00
71169. 10
982e1 43
1023!2.75
4f 79
19C10.RSSESSF NT VF;LLES
ASSESSMENT
03--405,00
1b97,O1
1267.65
~6928,62
1aI90,�
2S1_7.2O
-3417.04
4H1.58
174H7.5o
12
TOT RL �rsss��������s�ssasss�s�r��s����ss��s��s�������s••���s�s�as���s���s��s��sa�ss��s��lls�rw�ss�r•
•4t�s4sr�4tN�r�4f44t4f444f�4�• 42202.04
30923.54
41,46
32.616020,
9.72
25%.�
%lEl7,d3
132y07,47
246457. i
246454.59
TWlE5 LEVIED RESIDENTIAL
LEVIED (�YERCIRL
11161,29
4106.44
ID,7.94,22
3R61,21
12•36
1690,91
1329.00
36619.04
'36619.84
%IBS,OCI 13�'t3<>4,94
10
TF0ES
LEVIED SUSS"CSS
5754v,78
53078'W
53079.97
1691,00
1330'00 86tthtttM1ttthttdhhhth66M1M1M1thhtth6hhhhhhhtthhh6htN
TOTAL TRXES
1908 REO1115TTION
57549.73
_�O9
_ .Ol
,00
t6aattiitt�ttsaytttttttttttttati6'ttLattbdt�'h'tttttt666h6h666hhttt6h8hhhtM16hhht86686ttt66tttti8
REpU1SIT10M
00
IN 1980 F%E00
'00
ISITION
OVERCUFOERI
AO OVER LEVY INCLUDED
NOTE 1907 UMMR
1900.
0A OVER 87
'
1904
1985'
1906.
1987.
97.46
107,82
10.61
22.28
y RRy OF MILL RRTES
PUPLIC
97.:'_S
124.00
107.15
28.2-3
33,57
41.I1S
66 .�
-7,36
WESIOENTIFIL
VILL RIE
22.00
24,I10
67.02
67.02
71,63
59.90
61.21
3.97
-40.67
COLIN T Y
E,LEM PUB
6o. 5S
50.O1
51, 10
�' 11
50.13
67,02
114,24
67. 70
61.21
ERROR
5•66
ELEM SEC
SEpFWSTF ELEMENTRY
62,41
242.
252.53
261.E
304. 19
276.44
277.86
-8,66
sEpnpolri SEC OP40FIRY
PUPS F7RTEPRYFR
229.09
231.75
32
242,32
252.5-1
TOTFiL -CC
TOTAL SEPfSM TE PRIETEPFI RYER
PATES
-
R1- RATFS APE 15%
HIGFIE9 T1WFl wSIOCHTIRL
NOTE COM HE R1:1
THE CORPORATION OF THE VILLAGE OF PORT BURWELL
BY-LAW NO. U�
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;
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
1 execution of the agreement annexed hereto as Schedule 'A';
u
•
•
MOVED BY
SECONDED BY
THAT by-law 88- be read a first time. Rea rri�d
MOVED BY
;I r(,D SECONDED BY
THAT by-law 8K7 be read a second time.
with.
MOVED BY SECONDED BY
THAT by-law 88-07 be read a third time.
finally passed.
Reading dispensed with,
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.
REEVE
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 .
CLERK
• BY-LAW READ A THIRD TIME AND FINALLY PASSED THIS DAY OF
198 .
• REEVE
CLERK
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
B E T W E E N:
--and--
HER MAJESTY THE QUEEN IN RIGHT OF ONTARIO AS
REPRESENTED BY THE MINISTER OF THE ENVIRONMENT
(hereinafter called the "Crown")
OF THE FIRST PART
THE CORPORATION OF THE VILLAGE OF PORT BURWELL
(hereinafter called the "Municipality")
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
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;
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. authorizing the Municipality to enter into
this agreement.
r
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 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.
• IN WITNESS WHEREOF the parties have duly executed
this agreement.
,j HER MAJESTY THE QUEEN IN RIGHT
■ OF ONTARIO AS REPRESENTED BY
THE MINISTER OF THE ENVIRONMENT
•
MINISTER
THE CORPORATION OF
VILLAGE OF PORT BURWELL
C/S
no
REEVE
• CLERK
I •
Schedule "A" to an Agreement between the/Minister of the
Environment and the Corporation of the Village o: Port
Burwell.
Description of works
sanitary sewer system, pumping station and forcemain and
treatment plant.
VALUE For Insurance Purposes S 3,108,000.
RESERVE ACCOUNT $Maximum Anneal Maximum Balance
Charge
To be determined in consultation
with the municipality at a :3ter
date.
•
Ministry of the Environment
Village of Port Burwell Sewage Works System
Provincial Project No.: 1-0337
Statement of Capital Account
CAPITAL COSTS:
•
• Gross Capital Cost $3,108,000
Provincial Assistance $1,910,048
COAS P 973,000 (2,883,048)
Principal Outstanding S 224,952
• Prepayment: Cheque No. 2553 (224,952)
• Amount owing by Muncipality 1985 $ 0
✓;page of Port Burwell Sewage Works System
Provincial Project No. 1-0337
Interim statement of Adjustment
Revenue Requirements:
• Operating Expenditures:
• - 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
Total Revenue Requirements to 31-12-87
• Receipts•
• Payments Received:
- 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
Total Receipts to 31-12-87
Additional Payment Required
from Municipality at 31-12-87
*Nov. 87 and Dec. 87 Invoices Outstanding
�I �
$138,506
$128,026
$ 10,480*
THE CORPORATION OF THE VILLAGE OF 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;
u
•
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:
1.
1 into an agreement, in form annexed hereto as
Schedule "A", with the Crown for the operation,
supervision, control, maintenance, repair,
Iadministration and insuring by the Crown of the
Works owned by the Municipality as described in
IAh 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
isreadings 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.
• 4. This By-law shall come into force and take
effect upon receiving the approval of the
Ontario Municipal Board.
00
READ a FIRST and SECOND time this day of
198 .
REEVE
CLERK
READ a THIRD time and FINALLY PASSED this day of
198 .
REEVE
CLERK
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
B E T W E E N:
. HER MAJESTY THE QUEEN IN RIGHT OF ONTARIO AS
REPRESENTED BY THE MINISTER OF THE ENVIRONMENT
--and--
(hereinafter called the "Crown")
OF THE FIRST PART
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;
I
AND WHEREAS the Council of the Municipality on the
day of , 198 , passed By-law
No. authorizing the Municipality to enter into
• agreement.
NOW THEREFORE THIS AGREEMENT WITNESSETH that 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
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. (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
such fund and the inves me , 11-9-1
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
- 5 -
year or such other days as the Crown may
advise the Mitinicipality 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 to the
Municipality a statement showing
how 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.
0
6 -
r•
16
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.
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,
u ua+li aai o... •. u.1 Va! csaau .i aa�ua. to aaa.c v� ...•+c -a. uaao a_c a. a. c�a
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.
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
I Crown in its sole discretion determines.
0
11
•
•
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 and the Regulations thereunder.
•
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.
JALUE For Insurance Purposes $ 3,108,000.
Maximum Balance
RESERVE ACCOUNT $
Maximum Annual
Charge
To be determined in consultation
with the municipality at a later
date.
f
- 9 -
17. In witness whereof the Parties have duly
executed this agreement.
• THE CORPORATION OF THE
VILLAGE OF PORT BURWELL
Cl
REEVE
CLERK
HER MAJESTY THE QUEEN IN
RIGHT OF ONTARIO AS
REPRESENTED BY THE
MINISTER OF THE
ENVIRONMENT
C/S
MINISTER
Y jof the de
Environment I'Environnement
0
135 St Clair Avenue West
Suite 100
Toronto Ontario
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:
Re: PORT BURWELL WATER WORKS SYSTEM
PROVINCIAL PROJECT NO. 5-0013
TERMINATION OF PROVINCIAL SERVICE AGREEMENT
135 avenue St Clair ouest
Bureau 100 ,
Toronto tOntario)
M4V 1P5
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.
Will w
waVW
oft wrwl • • • Sincerely,
kft aw
96 3o•1 mft1 man
"Nft boo" AAA
owl owhowbw
be an *Mft
MG/vi ,
8FEB12/01
M. Geidart
Sr. Field Services Officer
Capital Management Section
Financial and Capital
Management Branch /
i� (�
Q - v
Environment I'Ecnvironnement
Ontanc',
• Mr. E. Varty
Clerk -Treasurer
Village of Port Burwell
P.O. Box 299
Port Burwell, Ontario
NOJ 1TO
•
•
0
Dear Mr. Varty:
135 St Clan Avenue West
Suite 100
Toronto. Ontario
M4V 1P5
March 1, 1988
D
135 avenue St Clan ouesl
Bureau 100
Toronto (Ontario)
M4V 1P5
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:
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
a4r9pmgnts must not be signed or dated. Once O.M.B. approval
*re %9J0'-" #1W Ministry will send the agreements to the
ff" *4i 4tcature by the Reeve and Clerk.
letter ftmff.
rirs :"tormai mebW makes
Gmdw immediate respu
- rid we hope you w11 etrn
idiot prompUm is more rVor-
tur tften ftulry?.
Many T1�� ,77
- 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
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TERMINATION AGREEMENT AND • ` t '> - .'4,*P*' ,t• k .
t
SPECIAL OPERATING AGREEMENT
FOR• Y� r
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VILLAGE
VILLAGE OF PORT BURWELL SEWAGE WORKS SYSTEM,f
PROVINCIAL PROJECT NO. 1-0337 6,�z'
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MINISTRY OF THE ENVIRONMENT
LFinancial and Capital Management Branch
14arch 1988
•
MINISTRY OF THE ENVIRONMENT
TERMINATION AGREEMENT AND
SPECIAL OPERATING AGREEMENT
FOR
• VILLAGE OF PORT BURWELL SEWAGE WORKS SYSTEM
PROVINCIAL PROJECT NO. 1-0337
•
MINISTRY OF THE ENVIRONMENT
Financial and Capital Management Branch
March 1988
•
F
MINISTRY OF TFi& ENVIRONMENT
TERMINATION AGREEMENT
PROVINCIAL PROJECT NOs 5-0013
presented to
K. r.
- THE VILLAGE OF PORT BURWELL
r
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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 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 $54,242 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;
AND WHEREAS the Previous Agreement requires appropriate
modification which will be accomplished by execution of the
agreement annexed hereto as Schedule 'A';
•
•
MOVED BY
rJSECONDED BY
THAT by-law 8-08 be re d a first time. Read ancL c rr'ed
,Z
MOVED BY SECONDED BY---/)
THAT by-law 8 - e read a second time. Readdispe s dd with
MOVED BY T7 SECONDED BY
THAT by-law 88-08 be read a third time. Reading dispensed with,
finally passed.
1.
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.
REEVE
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 .
CLERK
BY-LAW READ A THIRD TIME AND FINALLY PASSED THIS DAY OF
198 .
REEVE
CLERK
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 .
• B E T W E E N:
HER MAJESTY THE QUEEN IN RIGHT
OF ONTARIO AS REPRESENTED BY
THE MINISTER OF THE ENVIRONMENT
(hereinafter called the "Crown")
OF THE FIRST PART
• - and -
THE CORPORATION OF THE VILLAGE OF PORT BURWELL
(hereinafter called the "Municipality")
OF THE SECOND PART
WHEREAS 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.
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. 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
• under the Previous Agreement if ;r had not
been modified and for which the Crown issues
an account to the Municipality.
N�
9
- 3 -
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.
•
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.
HER MAJESTY THE QUEEN IN RIGHT
OF ONTARIO AS REPRESENTED BY
THE MINISTER OF THE ENVIRONMENT
MINISTER
• THE CORPORATION OF
VILLAGE OF PORT BURWELL
CLERK
•
•
C/S MAYOR
MINISTRY OF THE ENVIRONMENT
STATLIIENT OF CAPITAL ACCOUNT
(For fiscal year ended March 31, 1967)
Project No.: 5-0013-00-00
Project Name: Village of Port Burwell Water Works System
PRINCIPAL OUTSTANDING
• AS AT MARCH 31, 1986
DEDUCT:
Accumulated Surplus
as at March 31, 1986
Prepayments
- Cheque No. 079
(Dec. 31, 1986)
- Cheque No. 083
(Jan. 20, 1987)
PRINCIPAL OUTSTANDING
AS AT :JAaUARY 20, 1987
•
$19,574.93
34,667.07
$110,586
(56,344)
(54,242)
MINISTRY OF THE ENVIRONMENT
INTERIM STATEMENT OF ADJUSTMENT '
(For fiscoal Year ended March 31, 1987)
rProject No.: 5-0013-00-UO
Project Name: Village of Port Burwell Water 164orks System
REVENUE REQUIREMENT
• Operating Costs
• 1986/87 $ 5,883
• 1987/88 (estimated) 2,000
$ 7,883
Debt Charges (assume project
recinanced as at Mar. 31, 1986)
• ' 1986/87 0
• 1987/88 -0--
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 cit ilar0i 31, 1938 $ 2,962
(A-S)
NNW •
• MINISTRY OF THE ENVIRONMENT
STATEMENT OF REVENUE AND EXPENDITURE
(Comparative Data for the Fiscal Years ending March 31)
Project No.: 5-0013-00-00
Project Name: Port Burwell Water Works System
1982/83
1983 84
1984/85
1985/86
REVENUE:
307
2,175
1,742
2,253
Service
15,773
14,318
17,774
21,600
Frontage
3,647
3,300
4,064
4,949
Connection
19,727
19,793
23,580
28,802
TOTAL
.--
EXPENDITURES:
8,716
13,987
14,063
13,471
Operating
!.ONG-TERM DEBT
MOF, Debt - Construction
9,297
9,299
13,678
9,276
_
-42,786
OTHER
18,013
23,286
27,741
-20,039
TOTAL
ANNUAL SURPLUS (DEFICIT)
1,714
-3,493
-4,161
48,841
PREV. YEAR CUMTTL. SURPLUS (DEF.)
6,826
9,281
6,911
2,443
INTEREST ON CUM. SURPLUS (DEF.)
-741
-1,123
307
-5,060
CUM. SURP1,11S (DEF.) AT YEAR END
9,281
6,911
2,443
56,344
(ALL, AMOUNTS IN DOLLARS UNLESS OTHERWISE INDICATED)
1.
•
•
MINISTRY OF THE ENVIRONMENT
TERMINATION AGREEMENT
PROVINCIAL PROJECT NO: 5-0013
presented to
THE VILLAGE OF PORT BURWELL
Ministry of the E:nviroment
Financial and Civital Management bench
&ch 1988
THE CORPORATION OF TFE
is
VILLAGE OF PORT BURWELL
BY-LAW 110. 88-0,2
r` BEING a by-law respecting the issue of licences
in the Village of Port Burwell and establishing
fees and regulations therefor.
WHEREAS the thuiicipal 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 Mm icipal 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 posers proceed upon express legislative grant,
in the absence of which there is no authority to licence;
AND ME REAS Village Council is desirous of regulating and licencing mobile
prepared food vending stalls.
NOW THEREFORE THE COUNCIL OF THE CORPORATION OF 71E VILLAGE OF PORT BUMIELL
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.
• 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-
Ma
4. A) For a hawkers and pedlars licence, for a person who goes frcm 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 after girds.
Non Residents of Village of Port Bruwell S-1,000.00
B) For a transient Traders Licence to a person whose name has not been entered
on the assessment roll and %-ho is in the activity of offering deep fried
foods for sale $ 1,000.M
• 5.
•
0
Upon receipt of an application for a licence under section 4, the Village
Clerk shall forthwith fonaard details of the application to: the Chief
of the Village Fire Department who shall determine whether or not the
premises named in the application comply with the applicable fire regulations.
; and the Chief Building Official who shall determine whether or not the
P Rhmises named in the application have been lawfully constructed.
6. Wwre 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 � each official named in Seciton 5.
4 ) rTheeaewC11 �"_1 ?,cage, gd ppssaFoo l�Al garbRie �e aRR,1eeaicked9�dag=ee igeble
• 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 71fE BY-I.Aw E 1MRCEh'.ENT 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
. equipment 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 from 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 becane 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 CaTpetent
• jurisdiction to be ultra vices, 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 quilty 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 `CeJ SECONDED BAi aS
That by-law 88-09 be read a first time. Read an Tied
MOVED BY SECONDED BY
71f—
That by-law 88- 9 be ad a second time. Read an dispensed
MOVED BY 22SECONDED BY
That Dy-law 8 e read a third time. Reading dispensed
with, finally passed
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
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 facili&/X-,,,T-
-1fS0metres and piped municipal water supply are available; for a single-family dwelling
Page 31
6.6 MAXIMUM BUILDING COVERAGE
-30 percent -single family
6.7 MAXIMUM BUILDING HEIGHT
9.0 metres
ft
.
Q —{
'M:7.I.:iN • ��i
3TAE2T
2
lARi 1 I min S
** Ftm N N (• 211•
j
DRAFT RAN OF SUBDIVISION Of
PART Of THE UNNUMBERED BLOCK
N0RTH•EAST OF EL11A4ETH AND WELLINGTON STREETS
REGISTERED PLAN Nw 30
VILLAGE OF PORT BURWELL
CNIOINAL4T
PART OF LOT 13. CONCESSION I
GEOGRAPHIC TOWNSHIP OF BAYHAM
COUNTY OF ELGIN
KALE • I -106 ..•�•
METRIC
•w.•.N. Mr w ...• .y. M w .•.N• w u r Or.r•M
w r.•. w w..w.. w . w
fURVEYOR'f CERTIFICATE
•r •. rY.wN..1 •• .N WrN .ry rJ��',±_ _`•`r
i�aArM4�efu �y.1��E:.
w.....r w.ww.
THE PLANNING ACT IOQ ttt fold
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NOTES
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OWNER'S CERTIFICATE
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rt•• • .r. w 1..M. .N rr. .•r � r.w.r.L
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. 1
PART I i,AO.1INTWN .UN WTI
COUNTY ROAD 1=
.�• WE::INGTON STREET
I KIM NUSTED SURVEYING LTD I
ONTARIO LAW b►•tTON
00, r.•.. ...A.... r•r.. .w w
•
�Zc�C:itAM •
- 0 Cariala
Master of Core^ :.-'s-^gin Bra�lfIel'.
Preside. -It rArt "urwel 1 Non Profit
Reeve vi l l ak a :• f F.•rt P4rwel 1
welcome come and I:: t r "fuc t : rt--
Cl "ad3' A111.17, ^1 e01•
- lvi : t ory of-
Br?don G::e •, ~ector
L'nvai lIng : f F: =ue-
Da�rid :rector
- Special thanks -
Ed Bradfield, Dire:-t ,�r
- Greetings from The Twnslhip of Fathom
- Greetings from Village of Vienna
- Greetings -Elgin ?unty Warden -
Wi 111 ar,: "Fi i l " Ma r t j-. 7
Greetings from t.".e Frovincial
Go vernmen t - Marietta Roberts M.P.F.
- Greetings from the Federal Government-
- Prayer of Pedirat:on and Greetings -
Father J. Plocrey. i:•ec•t.•r
- F. ibbon Gutting CereTc'lt'
- God Save the Queen
C3PVICIAL 011*NINC3
M I LION TOW E P.
6.8 MINIMUM FLOOR AREA
78.0 square metres
• 6.9 MINIMUM FRONT YARD DEPTH
5.0 metres
•
0
0
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 SECONDED Bjtim June7/8�
THAT b aw /10 a ad a first MOVED BY A`. SECONDED BATE June 27 88
THAT by -la 8 ead a second ti e. ::1
d dispensed.
-a,�y gypg
- i�4
MOVED BY SECONDED BY /'�DATE Juii — /88
THAT by-law 88-1 be read a third time. Reading dispensed with
finally pas ed. (;I,L
n
LJ
C/).
_ i. r {.t
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
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.
u.'L'
4. The item= by virtue of his Office shall be a member of the
Board wiflr) full rights of a Board member.
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
f
•
•
•
•
•
(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 time to time
as Council sees fit.
MOVED BY
That by- a 88 1
MOVED BY
That by-law 88-11 be re
MOVED BY
That by-law 8 -11 be r
finally passe ._
SECONDED BY
a first ti ead
Z�
and,e4t r i ed . ,%
SECONDED BY DATE Z Q
a s and time. nd di ensed.
C
ED BY DATE �D
a third time. Reading dispensed wi
f
j - r
C
0
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 lb, 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 TS 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 intof 11 force and eff ct date passing.
MOVED BY SECONDED BY DAT _
�T
That by-law e r a first time. Read and ed.
MOVED BY Seconded By IF5 DAT
That by 1 w 8 12 be/)read a second p
dis en ed
i AA c ., / 1 ,n
MOVED BY L ►---Y
That by-,1?aw 88-12 be read
finalL�► `ass `
Elwbod Varty-Clerk
SECONDED BY_
third time.
Ron
_DATE
dispensed w
• ft
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
C�1
0
A \
y 7HIS GRJEMENT made in duplicate this day of
September, 1988.
B E T W E E N:
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 "l" attached hereto;
AND WHEREAS the building constructed on the lands described
in Appendix "l" 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.
1.
2. The Owner, their successors and assigns, as owners
it and 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:
is
THE CORPORATION OF THE VILLAGE
OF PORT BURWELL
4 2- r-? � f z W � "-
IAnne Shirley Manion
PITT
SN•54'30"t INEFERENCE SEARIN01
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4
6t D/NG L OCA T /ON SURVEY OF
PART OF LOTS 14 AND 15
WEST OF ERIEUS STREET
REGISTERED PLAN No. 12
VILLAGE OF PORT BURWELL
COUNTY OF ELGIN
SCALE - I IIIL11 a 20 FEET
K I M S. HOST ED O.L.S.
1988
SURVEYOR'S CERTIFICATE
I CERTIFY THAT THE FIELD SURVEY REPRESENTED BY THIS PLAT
WAS COMPLETED ON THE 251P, DAY Or AUGUST It"
DATED RIM f. HUSTED
ONTARIO LAND SURVETOR
TO BE VALID
EACH COPY OF THIS RAN ON DOCUMENT
MUST BE tA.Dwe
r WITH M ONTARD LAID SUWAVIDI'S SSK
ILI WE ASSUME NO RESFOIIfR1Aln
LLI NOTES f°R ANY .LAN OR DOCUMENT NOT fo DNIO B
(I)- BEARINGS ARE ASTRONOMIC AND ARE REFERRED TO THE
r _ SOUTHERLY LIMIT OF PITT STREET AS 3NQMN_ON PLAN
(n IIR -2T60 HAVING A SEARINO OF SIDS' S6 30 t.
[) v w
i =
0
» \•
° CHAIN LINK PENCE
AS O' see- 36' 30"t F. 0
�r
••'� •�'' LEGEND Eat.
'S
IMST NO L2f.0A ,p 0 • Of SURVEY MONUMENT FOUND THIfO IDS
p` w O DENOTES SURVEY MONUMENT SET A VALID COPY
SIB DENOTES STANDARD IRON BAR UNLESS
EMBOSSED
! O T I 3 I DENOTES IRON BAR WITH SEAL
MIT) DENOTES WITNESS
DENOTES ROUND
IRK1 Demo T tS ►ARKER-KALON MISONART MAIL
.-..-. wr...• 9e . I�P��I�M f11 •
L
•
•
•
THE MUNICIPALITY OF VILLAGE OF PORT BURWELL
Moved By
Meeting..... ................
,19..g VU
That leave be granted to introduce By-law#
- 13 -4 c �' U-,- �''I e- 2 T,
�k a t"�J'
and that By-law presented herewith be read a first time.
By-law read n
Moved By ..... --.---- ------------- , L .r. t By-law now read a first time be read a
second time forthwith.
.Seconded By - _ ���u*-�--
By-law read a .--_.-.a�.. time
J
Moved By ---- _-_-`
That By-law now read a seoMrd• time be read
12�.........—�------ a third time forthwith.
Seconded B - -- /� ----. ,,uu_JJ
By -la read a .» L /ff.J time
Moved By-----------------------------------------------------------------------------• That By-law now read a third time do pass,
be engrossed by the Clerk, and signed and
Seconded B sealed by Reeve.
Y-----------�•-.•
Ministry Minist6re
of the de
Environment I'Environnement
Ontano
135 St Gan Avenue *est
Swte 100
Toronto. Ontario
M4V 1 P5
April 20, 1989
Mr. E. Varty
Clerk Treasurer
Village of Port Burwell
P.O. Box 299
Port Burwell, Ontario
NOJ 1T0
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
49co -
135 avenue St Clan ouest
Bureau 100
Toronto (Ontario)
M4V 1P5
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-�a C/J
Miss Margaret Geldart
Sr. Field Service Officer
Capital Management Section
Financial and Capital
Management Branch
MG/lb
Enclosure
MOE PROJECT #5-0013
OMB FILE #G6920-88
SCHEDULE "A" To BY-LAW NO. tJ e`/3 OF THE CORPORATION OF THE
VILLAGE OF PORT BURWELL.
This Agreement made in four (4) copies this 3�[t day of
1989.
B E T W E E N:
--and--
HER MAJESTY THE QUEEN IN RIGHT OF
ONTARIO AS REPRESENTED BY
THE MINISTER OF THE ENVIRONMENT
(hereinafter called the "Crown")
OF THE FIRST PART
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 Comm.ssion; 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.
go
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
VILLAGE OF PORT BURWELL
REEVE
CLERK
1.
HER MAJESTY THE QUEEN
IN RIGHT OF ONTARIO AS
REPRESENTED BY THE
MINISTER OF THE ENVIRONMENT
MINISTE
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
DEDUCT:
° Accumulated Surplus
as at March 31, 1986
Prepayments:
- Cheque No. 079
(Dec 31/86)
- Cheque No. 083
(Jan 20/87)
PRINCIPAL OUTSTANDING
AS AT JANUARY 20, 1987
$110,586
56,344
$19,574.93
34,667.07 54,242
0
4.
0
THE MUNICIPALITY OF VILLAGE OF PORT BURWELL
Meeting.... .. .............. . ...%6 .......... 1,19 ...... ft
Moved By a ---- I I ------
Seconded By ..... ------it
-
0
and that By-law presented herewith be read a first time.
By-law read a ..... l�V' ------ ----------time
0
Moved By -
Seconded By&,C4Lx--`v--:-,
0
By-law read a ------- 4oe
Moved By _---- _�
" be granted to introduce By-law IF
101-1— 7koo��
That By-law now read a first time be read a
second time forthwith.
.......................
--------time
Seconded By --- i.e.,
By-law read a ---------
MovedBy ------------ ----------- --------- ---------------------------------
SecondedBy -------------------------------------------------------
•
That By-law now read a seaeshi time be read
a third time forthwith.
Q�
------ That By-law now read a third time do pass,
be engrossed by the Clerk, and signed and
sealed by the e.
MOE File N 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 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;
so and
WHEREAS the Council of the Municipality on the
Y day of rc-C-1989, passed By-law No. 88-14 authorizing
the Municipality to enter into this agreement.
-2-
•
C� J
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.
. (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-
•
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-
11
10
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
3�E-C/S
REEVE MINISTER
lb
• 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 .
•
MOE File $ 1-0337
OMB File #{ E 78388
SCHEDULE "A" TO BY-LAW NO. 88-14 OF THE CORPORATION OF
THE VILLAGE OF PORT BURWEL-.
THIS AGREEMENT made in three copies this 3kSi day of
_(ZAJV-41�_ 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
day of 198�, 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
• Leserve 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.
•
-4-
0
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.
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.
I
•
-6-
0
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
THE VILLAGE OF PORT BURWELL
-p a . i - C/S
REEVE
HER MAJESTY THE QUEEN IN
RIGHT OF ONTARIO AS REPRESENTED
BY THE MINISTER OF THE
ENVIRONMENT
-I. --
MINIST
•
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
n
U
RESERVE ACCOUNT
U
$ Maximum Maximum
Annual Charge Balance
To be determined in consultation
with the Municipality at a later
date.
0
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 AGRE VENT made in four copies this 3 S T day of
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
• this agreement.
i
-2-
0
• 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.
IN WITNESS WHEREOF the parties have duly executed
• this agreement.
THE CORPORATION OF
THE VILLAGE OF PORT BURWELL
J_
N
REEVE C/S
CLERK
HER MAJESTY THE QUEEN
IN RIGHT OF ONTARIO
AS REPRESENTED BY
THE MINISTER OF THE
ENVIRONMENT
M I TER
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.
' MINISTRY OF THE ENVIRONMENT
VILLAGE OF PORT BURWELL SEWAGE WORKS SYSTEM
• PROVINCIAL PROJECT NO. 1-0337
STATEMENT OF CAPITAL ACCOUNT
CAPITAL COSTS
° Gross Capital Cost $31108,000
• Provincial Assistance $1,910,048
° COASP 973,000 (2,883,048)
• Principal Outstanding $ 224,952
° Prepayment: Cheque No. 2553 ( 224,952)
Amount Owing by Municipality 1985 $ 0
•
0
_LW_2
THE MUNICIPALITY OF VILLAGE OF PORT BURWELL
Meeting . .... altxl ..... ..... e ........ I ........ 195:�
MovedBy — - ----------- -- ......................
That leave be granted to introduce By-law to
Seconded By ---- -- - t - ------------------_------
y�« /V 0
,gam �- � ��
and that By-law presented herewith be read a first time.
C
By-law read a ...... c�
MovedBy ----- <.......-_....... .................
Seconded By --------
0! v By- w read a
That By-law now read a first time be read a
second time forthwith.
/V
ki t 0a "0/
Moved By
That By �aw ow=d a second time be read
a third �tfor with.
Seconded By - - -------------- e- C"
By-law read a I
Moved By
T
That By-law/now read a third time do pass,
be engrossed by the Clerk, and signed and
Seconded By ------- .... sealed by the Reeve.
AMENDMENT NO. 1
TO THE
OFFICIAL PLAN
FOR THE
VILLAGE OF PORT BURWELL
N.
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,. ... (°�. �� 8 �............ .
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 e''S in accordance with
the provisions of Section 17 of the Plannng Act, 1983 on the
day of , 19 -. —i--
Reeve
•
•
0
•
•
•
THE CORPORATION OF THE VILLAGGE OF PORT BURWELL
BY-LAW NO. l:' 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 Planninq 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
, 19
Re ve
__ day of
1.
•
• AMENDMENT NO. 1
TO THE
OFFICIAL PLAN
FOR THE
VILLAGE OF PORT BURWELL
•
•
•
INDEX
• PAGE
Statement of Components
• Part A - The Preamble 1
Purpose
1
Location
1
Basis
1
Part B - The
Amendment
3
Part C - The
Appendices
q
Appendices
A
Community Benefit
5
•
B
Planning issues
6
C
Servicing Issues
g
D
Environmental Issues
9
E
Public Participation
10
•
•
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.
•
0
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.
1.
PART A - PREAMBLE
. Purpose
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.4 M/~o�
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 idential designation to the
Industrial designation.`'/Y11"45
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.
O
• 2
PART B - THE AMENDMEWY
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.(m.),)
•
•
•
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.
•
•
4
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
0 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, this site is located relatively
close to some Residential areas but is considered appropriate due
to the controls that will be placed upon these lands through site
• plan control and the allowable levels of pollution emitted.
•
•
•
APPENDIX C
• SERVICING ISSUES
The proposed Industrial use will be serviced by existing
• Municipal water, sanitary and storm sewers.
•
•
`8
APPENDIX D
• ENVIRONMENTAL ISSUES
It is considered that the regulations administered by the
• Ministry of the Environment will ensure that any noise or
emission of pollution resulting from this land use will be within
acceptable limits.
•
•
•
1.
• 9
APPENDIX E
• PUBLIC PARTICIPATION
This appendix will be prepared following the necessary Public
• Meeting.
•
•
•
0
- 10
•
r�
0
•
0
This is Schedule "A" forming Part
of Amendment No. 1 to the Official
Plan for the, Village of Port
Burwell and must be read with the
written text. This Schedule amends
Schedule "A" of the Official Plan
for the Village of Port Burwell.
VILLAGE OF PORT BURWELL
LEGEND
R RESIDENTIAL
MF MULTI FAMILY RESIDENTIAL
MR MOBILE HOME RESIDENTIAL
C COMMERCIAL
M INDUSTRIAL
I INSTITUTIONAL
OS OPEN SPACE
HL HAZARD LAND
LJMIT OF THE
rZZZ, PLANNING AREA AND
VILLAGE BOUNDARY
Area affected by this
Amendment - change from
"RESIDENTIAL" TO
"INDUSTRIAL"
Wtj L w
Port Burwell
Byr--., Laws
By -Laws
#88-16
I �
U
•
VILLAGE OF PORT BURWELL
BY-LAW NUMBER 88-16
Being a by-law prohibiting heavy traffic
on highways in the Village of Port Burwell.
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;
It
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
load, in the excess of 7f
2. When suitable signs have been erected 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 penalty 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 forrP and
the final p g e
C
MOVED BY SECONDED BY
That by- 88-16 read a first. time. R n
MOVED BY
That by-law 8-16 b
MOVED BY
That by-law, -
finally passe .
)tCONDED BY4��(
e second tim. Re
take effect upon
a& AT
r vDATEA
It
an ca r iced
lul_SECONDED BY
read a third time. R ding dis nsed wi h,
J
cK-.
i
BY-LAW 88-16
•
SCHEDULE "A"
•
NUMBER
HIGHWAY
FROM
1
Addison Street
Wellington
2
Waterloo Street
Chatham
3
Tennyson
Chatham
4
Southey
Chatham
5
Cowper
Chatham
6
Homer
Chatham
7
Brock
Robinson
8
Strachen
Hagerman
9
Shakespeare
Wellington
10
Milton
Lake Erie
11
Elizabeth
Lake Erie
12
Victoria
Pitt
13
Waterloo
Erieus
14
Pitt
Erieus
15
Libbye
All of Highway
16
Faye
All of highway
TO
Homer
Addison
Addison
Addison
Addison
Addison
Strachen
Erieus
Erieus
William
William
Wellington
Victoria
Victoria
THE MUNICIPALITY OF VILLAGE OF PORT BURWEI-L
Meeting....... .............. `........ 6............ ,19... FF
MovedBy ------------------ - . .. . ..-.............. .........
. —._.
. That leave be granted to introduce By-law to
Seconded By �...........-- ...--- '
jot 4
M�_' '6 re '1) 7 t' '!�
4 .2�f�
as
and that Bylaw presented herewith be read a first time.
By-law read a .---------1-I-------_----time---
Moved By 4.4 ...... ----
c
Seconded By -_-•-•-
By-law read a -------- A-4M........ time
That By-law now read a first time be read a
second time forthwith. 1Q4
14 ell,
0.0i'14 6 &4w
Moved By ----•-- -------- ------ - -- — --- - - — — Y�B
That By-lawlnow read a second time be read
a third time forthwith.
Seconded By --- --........
By-law read a --__---time CA 16y
'LUA � .-
0 r -.. e
Moved ByIj g.�
�
That By -la read a third time do pass,
engro by the Clerk, and signed and
Seconded By .. _ —•- _----- -•_ -_--_ sealed by the Reeve.
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
• Port Burwell passed Bylaw 88-1] on the _26_ day of SPEr
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 the3]__
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 rap
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 1T0
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.
•
s
BY-LAW
• THE CORPORATION OF THE VILLAGE OF PORT BURWELL
BY-LAW NO. W39 - J_-
• 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 M�
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 - Rl 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
Z�2 ��� -
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 which 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 £rieus Street and Strachan
Street in order to permit an industrial use.
EFFECT
is
This By-law will have the effect of permitting an industrial use
on the lands at the southeast corner of the int,e section, of
Erieus Street and Stracha Street. ��7�5 1n of✓r7' a V S Cn9,
r{ , �' j'n rr- STo�.j � O� �orS�r✓C erg Eq✓iPvr 0n lA�C:)
•
•
•
0
r
Village of Port Burwell
KEY MAP
By-law Amending
By-law
"Zone Change R1 to M"
This is Schedule "A" to By-law passed
the day of ,
19
eev er
SCALE
0 100 m _ 240 300
6 260 tt 300 1000
Zone Change
"R1" to "M"'
Um
0
LEGEND
R1 Single Family Residential
R2 Multi -Family Residential
R3 Mobile Home Residential
C1 General Commercial
C2 Tourist Commercial
M Industrial
I Institutional
OS Open Space
HL Hazard Land
W') Village Boundary
MI V-mdo5Tr, aJ pp
• ra • Lcu M
• z P I Ie 9 4Wi� • is
1, 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 fo l l owing way;
(a) A newspaper advertisement was published in the Tillschburg 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 passing of the by-1
Dated this December 22, 1988.
E. Varty
Clerk
Village of Fb
P.O. Box 10
21 Pitt Street
PO t Burwell, Ontario
NW 1T0
847-4343
f/ ■MENEEMENV■
rh'U_'llla
LETTER OF TRANSMITTAL
TO Village of Port BnrwP11 ATTENTION Mr_ E. Varty
P.O. Box 10, 21 Pitt St. Clerk - Treasurer
Port Burwell, Ontario
PROJECT Zoning By -Law Amendment
PROJECT NO.
88182 DATE December 20, 1988
MAIL COURIER EX HAND ❑ PICK UP
ENCLOSED PLEASE FIND THE FOLLOWING:
NO. OF COPIES DRAWING NO. DESCRIPTION
THE ABOVE ARE TRANSMITTED FOR:
,APPROVAL O INFORMATION REVIEW AND COMMENT
FILE n REVISION AND RESUBMISSION p AS REQUESTED
REMARKS Please sign and place Village Stamp on Certificates and
then return two as soon as possible. Thank -you.
Christian Fisker
PLEASE REPLY TO:
® 176 KING STREET
❑ P.O. BOX 489
❑ 229 FIRST STREETS.,
❑ 150 NEWBOLD COURT
❑ 1265 EAST ARTHUR ST.,
WELLAND. ONTARIO
RED LAKE, ONTARIO
KENORA, ONTARIO
LONDON, ONTARIO
THUNDER BAY, ONTARIO
L3B 3J5
POV 2MO
P9N IC2
N6E 1Z7
P7E 6E7
(416) 735-5566
(807) 727-3172
(907) 468-5799
(519) 681-3175
(807) 623-2011
(416) 3844"'
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.
'I, 4.A- C4 Clerk � authorized to sign the lease as shown on appendix
A-1.
•
n
�J
THE Treasurer is authorized to pay over
payments on or before October 1 of each year.
This by-law s o 11 force and �,fec
MOVED BY SECONDED BY
That by- a 8 18 b read a first time Reid
IF
MOVED BY SECONDED BY
That by-law 88-18 be read)a seqVnd time.
MOVED BY S DED BY
That b wtigb'te" adat ird tim .f ina//as"
lwood Varty-glerk
the required lease
on da a of passing.
� ATE jr-
and0T.
E "b l"
Z� �
Ron Bradfie -Reeve
IDRY LN, L774 OR LISP
PAGE 1
rEASE
R[YIS[D 1SSS)
UNITED STATIONERY CO.
M •RODU
T[D, LEGAL FORMr O
[0 s
N DRIVE, seww
•
Tb t',q Itma
madethe First day of October
one thousand nine hundred and eighty -eighty
In pursuance of the Short Forms of Leases Act
�etboeen
345990 ONTARIO LIMITED
2 St. Claire Ave., W.
Suite 1000
Toronto, Ontario
A t t: M. S i mmo n d s herein called the "Lessor,"
of the First Part
and
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, adpipistnafoatanpdaTs igni, I tha.I messuage or t p�rq�p sit
uate, lying and being vacant 1 / , y on pran 1 �K-m
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.
1940)
•
TO HAVE AND TO HOLD the said demised premises for and during the term of three
years to be computed from the f i r s t day o1 October
one thousand nine hundred and e ig h t yy - e i gh t yy and from thenceforth next ensuing
and fully to be complete and ended, September 30, 1991
YIELDING AND PAYING therefor yearly and every year durin.- 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
the first of such payments, to become due and be made on the f i r s t
day of October next, and the last payment to become due and
he paid in advance on the f i r s t day of October 1990
THE 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 only, 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 & bait sales,
mobile chip wagon
AND the said Lessee covenants with the said Lessor to pay rent; and to pav 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; aad �o keep up fences; and
not to cut down timber; an,l 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; anti will not assign or nub -let
without leat-e, ai:d such consent may, uot%vithAanding the provisions of Section 22 of
Chapter 232 of the Reviscd Statutes of Ontario 1980, be arbitrarily- refused by the Lessor
in his sole and uncontrolled discretion.
AND will not carry on upon the said premises any business that may be deemed a nuisance.
AND that he wi;l have the premises in goi,d repair, reasonable wear and tear and damage
by fire, lightning %nd tempest only excepted.
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.
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-
mination of the said term may place a notice on the said premises that they are to be let,
and the Lessee agrees that he will not remove such notices, or permit them to be removed.
7ods
hall be at any time seized or taken in execution or in attachment by auv'treditnr
or if a writ of execution shall issue against the goods or ttels of the
Lor if essee shall execute any chattel mortgage or bill of a of am• of his
r chattels, the Lessee shall make any assignment for Sk enefit of creditors,
ming bankrupt -. ^so! er.t shall take the benefit of auy ct that may be in force
okrupt or in,olvent rs, or in case the saiq wk4nises become vacant and so
efor the period of da • , or be used for any other purpose
J hat for which they were let, or se the see shall attempt to abandon the said
es, or to sell or dispose of his gook. chattels so that there would not in the
f such sale or disposal be, in the nio the Lessor. a sufficient distress on the
s for the then accruing ren en the Curren wnth's rent, together with the rent
othree months next a rng and the taxes fo a then current year (to be
eed 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
hall, at the opti the Lessor, forthwith become forfeited and a 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
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.
•
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, It 4 11+10W,
windows
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.
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 hereunder 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 not xithstanding 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
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 f i r s t 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 Uaitnces Wbcrcof the parties hereto have hereunto set their hands and seals
5tonco. zcalco ano E)c[tvcrc0
in the presence of
345990_Lntario Limited
The Corporation of the Village of
Port Burwell
SCHEDULE 'A"
•
•
•
To the Lease dated the 2 � day of
1988
Between The Corporation of the Village of Port
Burwell (the Lessee's) 345990 Ontario Limited
2 St.' Claire Ave, 14. ; Toronto, Ontario ( Att : -M. L _ wiouds )
(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
arising from or occasioned by any cause whatsoever,
Schedule "A" - Page 2.
I•
•
•
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 6 Erieus Street,
Port Burwell, Ontario.
NOJ 1T0
Lessor: 345990 Ontario Limited
2 St. Claire Avenue, West
Suite 1000
Toronto, Ontario
Att: Mr. M. Simmons
•
4P
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
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 ng Act 1983 R.S.O.
c /
MOVED B SECONDED BY /'` DAT a�6/8i
That by w -19 read a first time. Read and carried. !!!
� n
MOVED BY SECONDED
That by-law 88-19 be read a second
MOVED BY kl-SECONDED
That by-law 19 a read a third
final l,� ssed.
4
E(wbod Varty-Cle
th
BY ATE A/P�
time. ad d pensed.
BY Azn-fz� 3—
D 6
time. eading dis ensed wi h,
••HN4TYL
PART a
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6
J r ORAFT PLAN Or SUBDIVISION OR
T� PART OF THE UNNUMBERED BLOCK
v NORTH-EAST OF ELIZABETH AND WELLINGTON STREETS
REGISTERED PLAN He 30
VILLAGE OF PORT BURWELL
M 0444-"LLT
�+ ►ART OF LOT 13• CONCESSION I
GEOGRAPHIC TOWNSHIP OF BAYNAM
COUNTY OF ELGIN
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METRIC
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SUN'/EYOR•S CERTIFICATE
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THE PLANNING ACT
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OWNERS CERTIFICATE
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.'fa s ter of n?re^:.,:.les-Ron Bra -if :el::.
Fre si dent ro r t T urwe l l Non Pro fi t
Hcus1::r 1'rrFcrat::,n
Reeve If!llake -- f :art Purwell
We I co..e and In f ro,fuc: t cry-
Circcft• Al l in. Firect or
- History of Fro;e..t-
Brydon G;F_ `, ri:•ectvr
Jnvaili::g of p1aque-
�David McCord, r:rector
- Special thanKs-
Ed Bradfield, Pirector
- Greeting:: from *':e T,�%r, h:p of fayham
- Greeting; from tillage of Vienna
- areetiWardellW1 I l i ar.. -rill " "I,: "t 3.77
- Greetirgs from t:7e Provincial
Government- Marietta Roberts M.P.P.
- Greet'ings from the Federal' Government -
Prayer of Dedication and GreetInes-
Father J. Yoc: ey. I'irectcr
- F. ibbon Cut t iag Ceremony
God Save the Queen
- ---- - i-
COFFICI,IL OTMING
M I LION TOwrt-a
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, safefy and welfare of inhabitants of the
Municipality.
COUNCIL of the Village of Port Burwell therefore enacts that the
Reeve and Clerk h ve authority to sign the attached agreement
which i4aw
p x "A" and forms part of this by-law.
MOVED B SECONDED BY DATE
That by20 be read a first time. Re d and car ied
_ n
MOVED BY SE Nam—{" / '�/'CONDED BY
`�"'C
That by-law 88-20 be read a second tim
MOVED BY CONDED BY
That by-law 88-20 .. rad'a third time.
finWj4y passed.
DATE% �/
spensed.
DATE y // 8?
pensed it ,
7
f L'
wood Var y-Cler Ron Brad ield-Re e
..
• 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 A GRACE LAMA
• hereinafter called the "Owner",
-and-
of the first Part,
THE CORPORATION OF THE VILLAGE OF PORT BURWELL
hereinafter called the "Village"
of the second Part.*
0 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
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 Constructio
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
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.
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.7 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 k Seeding
10 (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.
40 (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 it' 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.
9.1 Taxes
The Owner shall pay in full all taxes in arrears. The Owner
shall pay all taxes on the land, Crach 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
is
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
isthe 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.
0
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
- ) b�� 2
Approved & Authorized by
- ytP�✓'t
• By-law No. -zn enacted
the :_day of we,
A.D., 19ZL.
Village of Pori Burwell
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.2� LANDS TO BE SUBDIVIDED
i
KEY PLAN
SCALE It12000 2
PORT BURWELL (-10BII'-, HOME PARK
LOT 13, CONCESSION 1�
PROPOSED SITE PLAN
0 10 20 Iletres
0 50 100 feet
L
PORT BURWELL 1103 IIO;-,E PARK
LOT 13, CONCESSION 1
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THE MUNICIPALITY OF VILLAGE OF PORT BURWELL
Moved By
7 .
Meeting ... ...fr..V......... /.......................19..g8
That leave be granted to introduce By-law to
BB�h a
and that Bylaw presented herewith be read a first time. v,Q�
By-law read a -.-N ----- ----------time
Moved By ....
That By-law now read a first time be read a
second time forthwith.
Seconded By ._ za _ ..... ... --..........
By-law read a XJ21 -----.time
N
Moved By -----
Seconded By
By-law read a
- That By-law now read a second time be read
a third time forthwith. /
time L,q/' Jam_
�
-
Moved By --
Seconded By -- _.. ..--.... --------••••--"-yl 'jC;'j 'r_q� 4�'� W
- —
•
That By-law now read a third time do pass,
be engrossed by the Clerk, and signed and
sealed by the Reeve.
VILLAGE OF PORT BURWLLL
• BY-LAW NUMBER 88-��-
E
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;
:
2 - BY-LAW NO.J�
• - (c) $(r 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
•
LJ
0
(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.
MOVED BY ECONDED B
That By-law 8 4,- e read a first tm
MOVED BY 10k,tAT& Ut K. i SECONDED BY
That By-law 86-,&Z_be r d a pecond tiRP-
MOVED BYLr_,�ED BY4ti
Thay By-law 8 - Z,-L/be read a third
finall assed
Vdd
TE 16
carried.
TE tg
carriedTE 116
Reading dispensed ith,
/
L1
•
•
go
0
SCHEDULE "A"
NUMBER HIGHWAY
1
Addison Street
2
Waterloo Street
3
Tennyson
4
Southey
5
Cowper
6
Homer
7
Brock
8
Strachen
9
Shakespeare
10
Milton
11
Elizabeth
12
Victoria
13
Waterloo
14
Pitt
15
Libbye
16
Faye
FROM TO
Wellington
Homer
Chatham
Addison
Chatham
Addison
Chatham
Addison
Chatham
Addison
Chatham
Addison
Robinson
Strachen
Hagerman
Erieus
Wellington
Erieus
Lake Erie
William
Lake Erie
William
Pitt
Wellington
Erieus
Victoria
Erieus
Victoria
All of Highway
All of Highway
Village ®f rZr t Bunvell ram 1W Oat .T]
................................................................................................................................................................................ .
• BY-LA\t' No. 88.-23.....
AJBC=1'3bj to authorize the borrowing of S seventy thousand ------- XX
w
Whereas the Council of theVllia me Gi:t"we iil
(hereinafter called the "Municipality") deems it necessary to borrow the sum
of $ 70,000.00 to meet, until the taxes are collected, the current
Sexpenditures of the Municipality for the year;
Nms.—Refer And Whereas the total amount of the estimated revenues of the
to the eft imatef
Ie the Municipality as set forth in the estimates adopted for the year 1%8 is
if n d adothose
it not, to those
of last 3'ur.
S Four thousand and thirty three thousand dollars
Ineletifnot
wnitraPh not
And Whereas the total of amounts heretofore borrowed for the purposes
apphcahka mentioned in subs&tion (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 S
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 tune 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
.......... /. _.. _..__....
I HHAD F T UNICIPALiTV
SEAL
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 1985
As Witness the Seal of
tl►c Village of Port Burwell, County of Elgin
yr,w 1.
t_ ........ ..... ............
C
�J
THE MUNICIPALITY OF VILLAGE OF PORT BURWELL
Meeting December 13,,,,..... , , �198$...
`-D
Moved B .--- -.��r. ..._----„ll-�------------- -----
That leave be granted to introduce By-law to
Seconded By ._.-_--efz '_ ....._.--------- ------
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 -----f i r s t
- -time
Moved ...- - L .....,y,
That By-law now read a first time be read a
second time forthwith.
Seconded By .-...
By-law read a ..... sec 4 D&L._.........time
Moved B _ -
SecondedBy--------------C-- `........... _ _ _ _ ._........
By-law read a t h
.... __._ ..-•-ird --------_-time
Moved By ...-
Seconded By
That By-law now read a second time be read
a third time forthwith.
That By-law now read a third time do pass,
be engrossed by the Clerk, and signed and
sealed by the Reeve.
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 retan ned on
is a prorated basis to the contributer.
MOVED BY J _ SECONDED BY DATE
w That by a8 4 be read a first time. Read an-d carried.
MOVED BY SECONDED DATE
That by-law 88-24 be read a second time. ad qLnd carried.
MOVED BY v SECONDED BY DATE
That by-law 88-24 be read a third time. Reading dispensed with,
finally passed.
0
0
•
THE MUNICIPALITY OF VILLAGE OF PORT BURWELL
c
Moved By •-•- -
Seconded By -..
Meeting ... .... 11 . ........ .. ..............19.. ^
That leave be granted to introduce By-law __
and that By-law presented herewith be road a first time.
By-law read a ----- __ .._. � c� .� ?� ....._..---time ✓
Moved B7 -- _..----b --- - -................
Swwded By ----------
By-law read a ....... -----------time
Moved By
Seconded By - _ - ----- a/t.•�-�-
By-law read a - l-Y" r time
- That By-law now read a first time be read a
second time forthwith.
4
— — / ►..�
That By-law now read a jec4m&4-time be read
a third time forthwith.
Moved By . ........ - That By-law now read a third time do pass,
be engrossed by the Clerk, and signed and
Seconded By ...._..... sealed by the Reeve.
v
C
•
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
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.
-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 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.
IN WITNESS WHEREOF the parties have duly executed
this agreement.
THE CORPORATION OF
THE VILLAGE OF PORT BURWELL
REEVE C/S
CLERK
HER MAJESTY THE QUEEN
IN RIGHT OF ONTARIO
AS REPRESENTED BY
THE MINISTER OF THE
ENVIRONMENT
MINISTER
• Schedule "A" to an Agreement between the Minister of the
Environment and the Corporation of the Village of Port
Burwell.
E
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.
MINISTRY OF THE ENVIRONMENT
• VILLAGE OF PORT BURWELL SEWAGE WORKS SYSTEM
PROVINCIAL PROJECT NO. 1-0337
STATEMENT OF CAPITAL ACCOUNT
CAPITAL COSTS
• Gross Capital Cost $3,108,000
• Provincial Assistance $1,910,048
• COASP 973,000 (2,883,048)
Principal Outstanding $ 224,952
° 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;
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.
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
Worlrs 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 he 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
he 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_irst and second time t�is 27th day of September 1994.
mas Nesbitt, Reeve
vi ree, Administrator/Clerk-Treasurer
This by-law read a third time and finally passed this 27di day of September 1994.
rlio��_as Nesbitt, Reeve
Davi . Free, Administrator/Clerk-Treasurer
3
THE; MUNICIPALITY OF VILLAGE OF PORT BURWELL
Meeting ......::..................
Moved By ---
Seconded By
and that By-law presented herewith be
read a first time.
By-law read a .........
Moved By ----- --------- -
Seconded By .__ _.._. _ ____________..........
By-law read a ---P?--Ij time
.............. jq..6.15+ Z !r
That leave be granted to introduce By-law *_
V
That By-law now read a first time be read a
second time forthwith.
C 4
Moved By ---- .__ _.._ _ .
That By-law now read a aeoos►&time be read
a third time forthwith.
Seconded By
By-law read a ' d time
IcVr/
Moved By ._—._..____.__._—.— .—__..—_._.._._____ _____—._____._. I That By-law now read a third time do pass,
be engrossed by the Cleik, and siynud acid
Seconded By --------------- --- ---- -----_-------_---- ---_------- I sealed by the Reeve.
,
MOE File # 1-0337
OMB File N E 78388
SCHEDULE "A" TO BY-LAW 88-11 OF THE CORPORATION OF THE
VILLAGE OF PORT BURWELL.
THIS AGRE MENT made in four copies this 3 S T day of
' "')a.,Vf A.D., 1989 .
BETWEEN:
HER MAJESTY THE QUEEN IN RIGHT OF ONTA RIO 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 sew,ige 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 <f the Municipality has passed
By-law No. 88-12 authorizing the Municipality to enter into
this agreement.
04d'5R. FREE. C.E.T.. A.M.C.T.
AdpdnW&d0dChWb-T1*@@UW of the
v nage of Port ft- IL oar*
the brown b a tr1r� 0009►i
-2-
L 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 thq parties have duly executed
this agreement.
THE CORPORATION OF
THE VILLAGE OF PORT BURWELL
C
CLERK
HER MAJESTY THE QUEEN
IN RIGHT OF ONTARIO
AS REPRESENTED BY
THE 14INISTER OF THE
EN II RONMENT
4 X., Ago,
)1
M I. TER 1p
e
Sch dule "A" to an Agreement between the Minister of the
Environment and the Corporation of the Village of Port
Bur-. all .
D
Description of Works
San:=ary sewer system, pumping station and forcemain and
tre< =ment plant.
VALUE For Insurance Purposes: $3,108,000
RESF ::VE ACCOUNT
C
Maximum Maximum
Annual Charge Balance
To be determined in consultation
with the Municipality at a later
date.
L
N
MINISTRY OF THE ENVIRONMENT
VILLAGE OF PORT BURWELL SEWAGE WORKS SYSTEM
PROVINCIAL PROJECT NO. 1-0337
STATEMENT OF CAPITAL ACCOUNT
CAP: ?AL COSTS
0 Gross Capital Cost
0 Provincial Assistance $1,910,048
0 (:OASP 973,000
Principal Outstanding
0 Prepayment: Cheque No. 2553
Amount Owing by Municipality 1985
$3,108,000
/ 7 001 n A 0 1
$ 224,952
( 224,952)
$ 0