HomeMy WebLinkAboutPort Burwell By-Laws 1990 Port Burwell
BY Laws
4„
44,
By-Laws
# 90 - 01 - - 90 - 24
1990
Form 100 Ont-72
BY-LAW No._(.110—0!
3p=tatu to authorize the borrowing of$
Whereas the Council of the
(hereinafter called the "Municipality") deems it necessary to borrow the sum
of $—10/ CVO- to meet, until the taxes are collected, the current
expenditures of the Municipality for the year;
Nora.—Rete, And Whereas the total amount of the estimated revenues of the
to the estimates
for the current Municipality as set forth in the estimates adopted for the year 1987 , is
year if adopted; P Y P
if not,to thou
of East year. $ 6 6 7• l
(Delete thi. And Whereas the total of amounts heretofore borrowed for the purposes
oraaweif.) mentioned in subsection (1) of Section 332 of The Municipal Act which.have
not been repaid is $ .
Therefore the Council of the V i il(444 of PoU ewe"
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 $ 701000
to meet until the taxes are collected the current expenditures of the Municipality
for the year,including the amounts required for the purposes mentioned in subsection
(1) of Section 332 of the Municipal Act, and to give on behalf of the Municipality
to the Bank a promissory note or notes sealed with the Corporate Seal and signed by
the Head and Treasurer for the moneys so borrowed, with interest at such rate
as may be agreed upon from time to time with the Bank.
2. All sums borrowed pursuant to the authority of this by-law,as well as all other sums
borrowed in this year and in previous years from the said Bank for any or all of the
purposes mentioned in the said Section 332, shall, with interest thereon, be a charge
upon the whole of the revenues of the Municipality for the current year and for all
preceding years as and when such revenues are received.
3. The Treasurer is hereby authorized and directed to apply in payment of all sums
borrowed as aforesaid, together with interest thereon, all of the moneys hereafter
collected or received either on account or realized in respect of taxes levied for the
current year and preceding years or from any other source which may lawfully be
applied for such purpose.
19 9C/
/
Passed this / day o[ ,J G'h [itG�r'/
- s . E MUNICIPALITY
ydrAPIK
fe-
{( 11h,.4040
CLERK
I hereby certify that the foregoing is �atrue copy of By-law
No. /0—D( of the 1/I //e5 -e of t� c/ lgui'i,v-e //
in the Province of Ontario, duly passed at a meeting of the Council of the said
Municipality duly held, and that the said By-law is in full force and effect.
Dated This C day of J On i,ruYy 19 �O
As Witness the Seal of p
the U / of �p'� ipU✓'W-e•
SAL .... CLERK
THE MUNICIPALITY OF VILLAGE OF PORT BURWELL
11111/
Meeting TO vi var.
Moved By
That leave be granted to introduce By-law to
Seconded By
tt/i-1-110(17.e +11,e bovvviNivt ,3
Oeibrse ,fri b - frivr)iher 90 - 6 /
41110 and that Bylaw presented herewith be read a first time.
By-law read a Fir time
Moved By
That By-law now read a first time be read a
second time forthwith. w
Seconded By - (lent
By-law read a ....5ccia2 time
/9 0
.
Moved By z lit/11/i
That By-law now read A second time be re.•
SecondedBL.y.:7. 27.- a third rtwi
time fohth ,e2k Vrti.3e.
By-law d a cl 90
Moved By .....afea-0-*--
That By-law now read a third time do pass,
/ / be engrossed by the Clerk, an aigned a
Seconded By sealed by the Reeve.C_`_0.,,,,;‘42,
VCC IL-
THE CORPORATION OF THE
• VILLAGE OF PORT BURWELL
BY-LAW NO. 90-02
Being a By-Law to amend Zoning By-law No. 87-26 and 88-19
which regulates the use of land and the character, location and use
of buildings and structures for lands located on the east side of
Elizabeth Street north of Wellington Street.
WHEREAS The Council of the Corporation of the Village of Port Burwell
deems it advisable to amend By-law 87-26 and 88-19 in
accordance with the provisions of Section 34 of the Planning Act,
1983.
NOW THEREFORE The Council of the Corporation of the Village of Port Burwell
ENACTS AS FOLLOWS:
SECTION 1
Application
• 1.1 Section 2 of this By-law shall apply to the lands shown as "ZONE
TO R2" and "R2" 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. 87-26 and 88-19 is hereby amended insofar as it
applies to the permitted use of lands on Schedule "A" attached
hereto as follows:
The zone classification of the lands shown as "ZONE TO R2" is
changed from no zoning coverage to Residential Zone (R2).
2.2 The following is added as Section 7.2 of By-law No. 87-26:
2.2.1 "e) townhouses"
• "f) one handicapped housing unit attached to an accessory building
2.2.2 The following is added to Section 7.3 of By-law 87-26:
"300 square metres per dwelling unit for a townhouse
development"
2.2.3 The following is added to Section 7.4 of By-law 87-26:
"3.5 metres per dwelling unit for a townhouse development"
2.2.4 The following is added to Section 7.6 of By-law 87-26:
"40 percent - townhouse dwellings"
2.2.5 The following is added to Section 7.8 of By-law 87-26:
"40 square metres per townhouse dwelling"
•
2.2.6 The following is added to Section 7.10 of By-law 87-26:
• "f) Townhouse Dwelling
- side yard between the common vertical wall dividing one
dwelling from the adjoining dwelling unit - nil
- minimum side yard - 4.5 metres"
BY-LAW READ A FIRST TIME THIS 1.3 DAY OF
1990.
BY-LAW READ A SECOND TIME THIS / 3 DAY OF �
1990.
BY-LAW READ A IRD TIME AND FINALLY PASSED THIS /3 DAY OF
--( , 19.0.
• ��� /
\IA
Timlin C. All
Clerk Reeve
I
•
burw1b1-46d
•
• J I J I I ` r \\ `
ERIEUS STREET \ v
Ix s te\
a: w __________
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ck STREET w 7/
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\ cl
o SHAKESPEARE STREET C�
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MILTON STREET
VICTORIA STREET
M
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ELIZABETH STREET
) .
R2 "ZONE To P2"
Village of Port Bunsell IIID
• R2 - Residential Zone R-2
By-law Amending By-law 87-26
88-19
rZONE TO R2
This is Schedule " PP to By
�-lawNNo.90-02
passed the J3+ ' day of F--G� --4444-! _, 1 9 90.
•
C 0 1
1=e - I, e
0 100 m 200 300
SCHEDULE 2
• I. THIS IS AN EXPLANATION OF THE PURPOSE AND EFFECT OF BY-LAW 90-02.
2. THIS IS A TRUE COPY OF THE KEY MAP WHICH SHOWS THE LOCATION OF
THE LANDS TO WHICH BY-LAW 90-02 APPLIES.
•
•
•
PURPOSE AND EFFECT
• OF BY-LAW NO.90-OZ
PURPOSE
The pupose of this By-law is to zone certain lands to the Residential Zone (R2) to permit
townhouse dwellings as a permitted use in the R2 Zone and to establish a number of land use
regulations for townhouses.
EFFECT
This By-law will have the effect of permitting the development of townhouses in the R2 Zone
and expanding the R2 Zone boundary.
•
•
•
-.1 ► l I Iwl \ s\V'j (1A
ERIEUS STREET z \GI `J
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0II! STREET/ , w3 Ww
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)(7)111111k
SHAKESPEARE STREET0 zI-
z_ 0
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MILTON STREET
I
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VICTORIA STREET
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a_
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ELIZABETH STREET
) ) R2 "ZONE W R2"
Village of Port Bunsell LEGEND
111 KEY MAP R2 - Residential Zone R-2
By-law Mending By-law 87-26
88-19
%/// ZONE TO R2
This is Schedule " A" to /Byy-law No.90-02
passed the ',�H1 day of /' .I • 1 9 90.
•
.... NI, A /,1101119: l •
ee . P er'r
0 100 m 200 300
SCHEDULE 3
• STATEMENT OF CONFORMITY TO THE
EAST ELGIN OFFICIAL PLAN
(CONSOLIDATED FOR THE VILLAGE OF
PORT BURWELL, 1983)
I, J. Timlin, Clerk for the Village of Port Burwell, have reviewed By-law 90-02 of the Village
of Port Burwell. I am of the opinion that this By-law is in conformity with the East Elgin
Official Plan for the Village of Port Burwell.
Date J. Timlin - Clerk
•
•
THE MUNICIPALITY OF VILLAGE OF PORT BURWELL
• — -
/ 3
��V
Meeting —' ,19 ' 0
i I
Moved By i I/ 04
11 I qo - oa .
#:::2
That leave be granted to introduce By-laww t�Seconded By _..._.,...< �.P___ -�.._.Z eiyhti,),Li /
in.t- , 7 - a 6 -f. -.-� 99 - 101 1,1,4,2‘4 ' ..� - �-e
4../ ... , --c.-y,e..) . .k. i ' - "..,„--P.:��G�
i -4--z4 -4,14-v-r,-
- �/ _r.,-;,_,.._1
• and that Bylaw presented herewith be read a first time.
By-law read a .---c-. ......:+\...-.._._._._.time
Moved B7 _ _ .�••- -
That By-law now read a first time be read a
second time forthwith.
Seconded By .._..2Z- �- 1
\.C,- (> �,. C. ci) e
By-law read a ---5--tC. \--±N time /r{G
4447
Moved By - - _ --
That By-law now read a second time be read
a third time forthwith.
Seconded By _. ---- -..-__
By-law read a tie i\c-,.. .-. e c� , r eA.)t'
0 . CA) 13)
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.
•
SCHEDULE 1
THIS IS A TRUE COPY OF BY-LAW 90-0Z OF
THE VILLAGE OF PORT BURWELL PASSED
BY THE COUNCIL OF THE VILLAGE OF PORT
BURWELL THE 13 '"- DAY OF
, 1990.
•
•
Y I
1• •
BY-LAW NO.X10�- 0 3 •
(11
A By-Law
to govern the proceedings
of Council and Committees
THE COUNCIL OF THE CORPORATION OF THE VILLAGE OF PORT BURWELL
ENACTS AS FOLLOWS :
1 . In this By-[.aw.
•
(a ) "Clerk" means the Clerk of the Village of Port Burweii .
(b) -Council " means the Council of the Village of Port
Burwell .
.
(c ) Head of Council means the Reeve.
(di "Quorum" means the majority of the total membership of
. Council or of a Committee.
2. The rules and regulations contained in this By-Law shall be
observed in all proceedings of the Council and shall be the
rules and regulations for the order and dispatch of business
in the Council and in the Committees thereof, provided that
the rules and regulations contained herein ma he suspendec
by a vote of the Council and in any case for which provision
is not made herein the procedure to be followed shall be, as •
near as may be , that followed in the Legislative \,s,-mbiy. of
Ontario and its Committees . •
COUNCIL MEETINGS
3 . Meetings of the Council shall be held at the Cour.c i
Chambers adopted and used by the Council from time to time
for such purpose. The Inaugural Meeting of Council shall
take place at 7 :00 p.m. on the First. Tuesday in December,
following the election . The. next and each succeeding
regular meeting of Council shall be held on the Second and
Fourth Tuesday of each Month at 7 : 30 p.m.
411 4 . The Head- of Council or His/Her Designate shall preside- at
all meetings of Council .
5 . ' When the day for a regular meeting of Council is a public 1,r
civic holiday, the Council shall , unless the Council decides
otherwise , meet at the same hour on the next following day
which is not, a public or civic holiday.
6. The Head of Council may at any time, summon a Special
Meeting of Council , or upon receipt. of the petition of the -
major i,ty- of the Members of the Council , the -Clerk shall
•
•
J •
411 -2- •
summon a Special Meeting for the purpose and at the time
mentioned in the petition. Forty-eight hours notice of all
Special Meetings of Council shall he given to the Members
•
through the Clerk 's Office. The only business to be dealt
with at a Special Meeting is that which is listed in the
notice of the meeting..
7 . All meetings dealing with personnel , property and litigation
shall be held " in camera" .
8 . Members of Press will be provided with :
(a ) copy of agenda
(b) copy of petitions and communications at the start of
each Council Meeting . All other items are to be dealt
with by Council before being released to Press .
9. In the case of the absence of the Head of the Council from
. the Municipality, or if he/she is absent through illness . or
he/she refuses to act or his/her Office is vacant . A Member
of Cebbcil shall be appointed by Head of Council c.+• vote of
Council to act from time to time in the place and stead of
the Head of the Council and he/she shall have all the
rights, powers , and authority of the Fuad of lounci l , while
so doing. Any 'Member so appointed or voted to act , shall he
called "Chairman" .
CALLING OF MEETING TO ORDER AND QUORUM •
10. As soon after the hour fixed for the holding of the meeting
of the Council as a quorum is present , the Head of Counc i i
shall take the Chair and call the meeting to order .
ABSENCE OF HEAD OF COUNCIL •
11 . Subject to the provisions of The Municipal Act , and where n'
Presiding Officer has been appointed under Clause y of this
410
By-Law, in case the Head of Council does not attend within
fifteen ( 15 ) minutes after the time appointed for a meeting
of the Council , the Clerk shall call the Members to order
and an acting Head of Council shall be appointed from among
' `the Members present and he shall preside until the arrival
of the Head of Council and while so presiding, the acting
Head of Council shall have all the powers of the Head of
Council . •
.
••
I
NO QUORUM
12 . If no quorum is present , one-half hour after the time
appointed for a meeting of the Council , the Clerk shall
• record the names of the Members present and the meeting
shall stand adjourned until the date of the next Regular
Meeting.
CURFEW •
13 . No item of business may be dealt with at a Council Meeting
after 11 : 30 p.m.
THE CONDUCT OF PROCEEDINGS AT A MEETING OF COUNCIL
14 . It shall be the ciu off the Head of Council or other
Officer:
(a) to open the meeting of Council by taking the chair and
calling the Members and Public to order ;
t ( b) to announce the business before the Council in the
order in which it is to tie acted upon;
(c) to receive and submit, in the proper manner . all
motions presented by the Members of Council ;
(d) to put to vote :ail questions which are regularly moved
and seconded, or necessarily arise in the course of
proceedings , and to announce the result;
(e) too decline to put to vote motions which infringe the
rules of procedure;
• ( f ) to restrain the Members, in accordance with "Bourinot ' s
Rules- of Order" , when engaged in debate ;
( g) to enforce on ail occasions the observance of order and
decorum among the Members and Public ;
( h) to call by name any Member persisting in breach of the
rules or order of the Council , thereby ordering him t(,
vacate the Counci i Chamber;
( i ) to receive all messages and other communications and -
announce them to the council ;
►
( •j ) to authenticate, by his/her signature when necessary,
all by-laws, resolutions , and minutes of the Council ;
(k) to inform the Council , when necessary or when referred
to for the purpose, on a point of order or usage;
( 1 ) to represent and support the Council , declaring its
will , and implicitly obeying its decisions in ail
things;
(m) to ensure that the decisions of touncil are in
conformity with the laws and by-laws governing the
activities of the Council ;
(n) to adjourn the meeting when the business is concluded ;
(0) to adjourn the meeting without question put in the case
• of grave disorder arising in the Council Chamber .
lP
•
AGENDA
I5 . The Clerk shall have. prepared and printed for the use of
Members at the regular meetings of (nunsii an agenda under
the following headings :
( a ) Disclosure of Interest
( h ) Minutes of previous meetings
(c ) Deputations
(d ) By-Laws
(e ) Report of Committees
1 - Petitions, Communications & Committee Reports
2 - Unfinished Business
• 3 - New Business
4 - Inquiries by Members
( f) Notice of Motion of New Business
(g ) Adjournment
Under Report of Committees - All members shall handle their
responsibilities at one time under above - order of business.
Ail business shall be handled in this order unless otherwise
s •
P
decided by unanimous approval of Council . Members of
Council shall be provided with copies of Agenda etc . on
the Friday proceeding the meeting. 49e04, ,(I be 1005W 04 file
0101 00:t_4 Bol e-foh AoaVJ u4,4/ 7I-h4, Cvmn+40,04y, t QOarel n-e)f
40 4 h 654
AGENDA PROCEDURE
16 . 1 Disclosure of Interest - to allow members to declare any
conflict of agenda matters.
16 . 2 Minutes - Minutes shall record:
( a ) The Place, date and time of meeting ;
(b) The names of the Presiding Officer or Officers and
record of the attendance of the Members:
(c ) The reading, if requested, correction and adoption of
. the Minutes of prior meetings ;
(d) All other proceedings of the meeting without note or
comment..
It. shall be the duty itf the Clerk to ensure that_ the Minutes
of the last regular meeting, and all special and Standing
Committee meetings held more than five working ( 5 ) days
prior to a regular meeting, together with the agenda
prepared in accordance with Clause 15 are mailed or
delivered to each Member not less than forty-eight ( 46 )
hours before the hour appointed for the holding of such
regular meeting.
Such minutes as referred to in i.lause 15 may be adopted by
Council without having been read at the meeting considering
the question of their adoption, and in other cases , the
Minutes shall be read prior to consideration of adoption.
16 . 3 Deputations
• (a ) Persons desiring to present information verbally on
matters of fact or make a request of Council shall give
notice to the Clerk not less than three ( 3 ) working
days before the commencement of the meeting of the
Council and may he heard by leave of the Presiding
Officer of Council , but shall be limited in speaking to
not more than ten ( 10 ) minutes except that a delegation
consisting of more than five ( 5) persons shall be
limited to two ( 2 ) speakers , each limited to speaking
not more than ten ( 10 ) minutes.
y
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(b) The Clerk shall provide all Deputations; and Delegations
with a copy of By-Law relating to Deputations .
16. 4 Reading of By-Laws and Proceedings Thereon
(a) 4o By-Law except a By-Law to confirm the proceedings of
Council shall be presented to Council unless the
subject matter thereof has been considered and approved
by Council .
(b) Every By-Law shall be introduced upon motion by a
Member of the Council , specifying the title of -the By-
Law.
(c ) Every By-Law when introduced, shall be in typewritten
form and shall contain no blanks except such as may be
required to conform to .accepted procedure or to comply
with the provisions of any Act, and shall be complete
• with the exception of the number and date thereof.
(d ) Every By-Law shall have three readings prior to it
being passed .
( r ) The first reading of a i3y-I.aw shah he deci:i.-;i
amendment_ or debate.
( f ) If the Council determines that the By-Law is to h,e
considered in Committee of the Whose , it sha ii be so
considered previous to the third reading. thereof.
(g ) In proceedings in Committee of the Whole, upon ' By-
Laws, each section shall be considered in its proper
order, inclusive of the title and recitals.
( h ) If Council so determines, a fay-Law may be taken as
read .
( i ) The Clerk shall set out on all By-Laws enacted by
Council , the date of the several readings thereof.
• ( j ) All amendments made in Committee of the Whole shall be
reported by the Chairman to the Council which shall
receive the same forthwith and after the report has
been received , a By-Law shall be open to debate and
amendment before it is ordered for the third reading.
(k ) When a By-Law is reported without amendment , it shall
be forthwith ordered to be read the third time at such
time as be appointed by the Council .
1•
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- a
( 1 ) Every By-Law enacted by the Council shall he numbered
and dated and shall be sealed with the seal of the
Corporation and signed by the Clerk and the Presiding
Officer and shall be deposited by the Clerk in his
Office for safekeeping.
16 . 5 Committee Reports (Standing & Special ) ..
Communications and Committee Reports
(a) Every communication, including a petition or committee
report, designed to be presented to the Council , shall
be legibly written or printed and shall not contain any
obscene or improper matter or language and shall be
signed by at least one person and filed with the Clerk .
(h) Every communication shall be delivered to the Clerk not
less than three ( 3 ) working days before the
• commencement of the meeting of the Council .
(c ) All communications on any subject within the cognizance
of a Standing Committee shall , on presentation, unless
otherwise disposed of by Council forthwith, he
considered as referred to the appropriate Committee as
the case may be without any motion or debate unless
otherwise ordered by Council .
1
16 .6 Unfinished business
The items listed in he order of the topics set out in the
agenda of prior meetings which have not been disposed of by
Counril and the date of their first appearance on the
agenda , shall he noted and repeated on each subsequent
agenda until disposed of by Council , unless removed from the
agenda by leave of the Council .
•
16 . 7 New Business
Shall include (a ) motions of which prior notice has been
given, and
(b) motions of a routine nature, and
(c ) general information pertinent to the
business of the Corporation, (without
debate ) .
16 . 8 Inquiries b* `)embers
Questions may be put, to the Head of the Council or through •
him/her to any member of the Council reiatirig to any By-Law,
• -8- •
motion , other matter connected with the business of Council ,
or the affairs of the Municipality, but no argument or
opinion , is to be offered or facts to be stated except so
far as necessary to explain the same, and in answering any
such question , a member is not to debate the matter to which
the same refers .
17 . Motions and Resolutions
Members of Council are to advise the Clerk on day of Council
Meeting of any resolutions they wish prepared . The Clerk
will ensure that motions will be typed and deposited at the
Council Table prior to a Meeting. Members are to have
motions arising from committee reports, petitions,
communications, and Unfinished Business, seconded and given
to the Clerk prior to the Meeting. The Clerk is to read all
motions and pass same to the Head of Council .
• (h) Motions arising from discussions may he presented at
any time , in accordance with the rules of debate.
18. After a motion has been received by the Head of the council ,
it shall he deemed to be in possession of the Council , but
may with permission of the Council , he withdrawn at any rime
before decision or amendment.
i9 . Reference to a Committee
A motion to refer a matter under discussion by the Council
to a Committee of the Council , shall preclude ail amendments
of the main question until it is decided .
26. Amendment - A motion to amend
- shall be presented in writing,
- shall receive disposition of Council , i,efore a previous
amendment , or the question,
• - shall not be further amended more than once provided that
further amendment may he made to the main question,
- shall by relevant to the question to be -received,
- shall not he received proposing a direct negative to rhe
question,
- may propose a separate and distinct disposition of a
question,
.
•
• _ -9-
- shall be put in the reverse order to that in which it is
moved .
21 . Notices of Motion
Notices shall be given in writing , without debate giving
notice to Council :
1 - to amend, repeal or alter this By-Law, and
2 - to introduce any new measure or change in the Council ' s •
established policy.
22 . The Previous Question •
A motion for the previous question
- cannot be amended ,
- cannot be proposed when there is an amendment under
consideration,
- shall preclude all further amendments of the main
question,
- when resolved in the affirmative, the question is to be
put forthwith without debate or amendment ,
•
- can only be moved in the following words, that the
question be now put, " and
- may be voted against by the mover and seconder.
23 . Motion to Adjourn
A motion to adjourn
- shall always be in order except as provided by ' these
. rules ,
- uhen resolved in the negative, cannot be made again until
after some intermediate proceedings shall have been
-completed by Council ,
- is not in order when a Member is speaking or during the
verification of a vote,
- is not in order immediately following the affirmative
resolution of a motion for the previous question.
10- •
24 . Privilege
A motion on a matter of privilege shall receive disposition
of Council forthwith upon receipt and , when settled, the
question so interrupted shall b'e resumed from the point
where it was suspended .
25. Motion to Refer
•
A motion to refer back a question to Committee .with or
without instructions may be amended but must receive
disposition by Council before the question, or an amendment
to the questnn , and when made prior thereto, before
decision on a motion for the previous question or
postponement.
VOTING ON MOTIONS
• 26 . Questions Stated
(a) Immediately preceding the taking of the vote, the
Presiding Officer mai state the question in the form
introduced and shall do so if required by a Member
except when a motion for the previous question has been
resolved in the affirmative . He shaii state the
question in the precise form in which it will`-be
recorded in the Minutes .
(b) No Interruption after Question
After a question is finally put, by the Presiding
Officer, no Member shall speak to the question or shall
any other motion he made until after rhe vote is taken
and the result has been declared .
(c ) Ultra Vires
A motion in respect of a matter which is beyond the
,jurisdiction of the Council shall not be in order.
•
(d ) Motion to Divide
-A motion containing distinct proposais may he divided •
by leave of Council .
( e ) Division of Question
A separate vote shall he taken upon each proposal
contained in a question divided with icave of the
Council .
1
S -il-
( f)
Vote not allowed
A Member not present before the result of the division
on a question is declared shall not be entitled to vote
on that question.
(g ) Unrecorded Vote
The manner of determining the decision of the Council
on a motion shall be at the discretion of the Presiding
Officer and may be by voice, show of hands, standing or
otherwise.
( h ) Recorded Vote
When a Member present requests a recorded vote, all
Members present at the Council or Committee Meeting •
must vote unless otherwise prohibited by statute. The
• names of those who voted for and others who voted
against shall be noted in the Minutes. The Clerk shail
announce the results . A request for a recorded vote
can only be made before an unrecorded vote is taken
except as set out in Clause 29 .
27 . R1;LES OF DEBATE
( a ) Every Member prior to speaking to arra question or
motion shall be recognized by the Presiding Officer.
When two or more Members wish to speak , the Presiding
Officer shall designate the Member who has the floor
who shall be the Member who, in the opinion of the
Presiding Officer, requested first . Every Member
present at a meeting of the Council when a question is
put shall vote thereon unless prohibited by statute.
( b) When a recorded vote is requested by a Member, or is
otherwise required, the Clerk shall record the name and
vote of every Member on any matter or question.
• (c ) If any Member at a meeting of the Council , when a
question is put and a recorded vote taken, does not
vote, he shall be deemed as voting in the negative
except where he is prohibited from voting by statute.
(d) If a Member disagrees with the announcement of the
Presiding Officer that a question is carried or lost,
he may , hut. only immediately after the declaration. by
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the Presiding Officer ,appeal the declaration and
request that a recorded vote be taken.
(e) When the Presiding Officer calls for thb vote on a
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question, each Member shall occupy his seat and shall
remain in his place until the result of the vote has
been declared by the Presiding Officer, and during such
time no Member shall walk across the room to speak to
any other Member or make any tnbise or disturbance.
( f) When a Member is speakin . no other Member shall pass
between him and the Ch' it or interrupt him except to
arise a point of order.
(g) Any Member may require the question or motion under
discussion to be read at 'Any time during the debate but
not so as to interrupt a Member while speaking.
( h ) No Member shall speak more than once to the same
question without leave of the Council , except that a
summation shall be allowed to be made by a Member of
the Council who has presented the motion to the
' Council , but not by any Member who has moved an
amendment or a procedural motion.
( i ) No Member , without leave of the Council , shall speak to
the same question , or in reply, for longer than ten
minutes.
( .j ) A Member may ask a question or make a statement for the
purpose of obtaining information relating to the matter
under discussion and such question must be stated
briefly and asked only of the previous speaker .
(k) Notwithstanding Clause 27 ( j ) , when a Member has been
recognized as the next speaker, then immediately before
speaking, such Member may ask a question of the
Presiding Officer or an official of the Municipality on .
the matter under discussion but only for the purpose of
obtaining information , following which the Member shah
speak .
( I ) The following matters and motions with respect thereto
11,
may be introduced orally without written notice and
without leave, except as otherwise provided by these
Rules of Procedure:
( i ) a point of order or personal privilege;
( ii ) presentation of petitions ;
( iii ) to lay on the table ;
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( iv) to postpone indefinitely or to a day certain ;
(v ) to move the previous question.
(m) The following motions may be. vintroduced without notice
and without leave, but such motions shall be in writing
and signed:
( i ) to refer;
( ii ) to adjourn;
( iv) to suspend the Rules of Procedure.
(n) Except as provided by Clause 27 ( 1 ) above, all motions
shall be in writing and signed by the `lover and
Seconder.
411 (o) In all unprovided rases in the proceedings of the
Council or in the Committee of the Whole, the matter
shall be decided by the Presiding Officer, subject to
an appeal to the' Council upon a point of order.
28. POINTS OF ORDER AND PRIVILEGE.
(a) The Presiding Officer shall preserve order and decide
questions of order.
(h) When a `lember rises to a point of order he shall. ask
leave of the Presiding Officer to raise a point of
order and after leave is granted, he shall state the
point of order. by section of By-Law to the Presiding
Officer and sit down and remain seated until the
Presiding Officer shall have stated and decided the
point of order.
(c ) Thereafter, a Member shall only address the Chair for
the purpose of appealing the Presiding -Officer' s
decision to the Council .
• (d) If no Member appeals the decisions of the Presiding
Officer shall be final .
(e) The Council , if appealed to, shall decide the question
without debate and its decision shall be final .
( f) Where a Member considers that his integrity or the
Council as a Whole has been impugned, he may as a
natter of personal privilege, rise at any time, with
the consent of the Presiding Officer, for the purpose
of drawing the attention of the Councii' to the matter .
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29 . CONDUCT OF MEMBERS OF COUNCIL
( a) No Member shall speak disrespectfully of the Reigning
Sovereign, or of any of the— Royal Family , or of the
Governor-General , the Lieutenant-Governor of any
Proviqce, or any Member of the Senate , the House of
Commons of Canada or the Legislative Assembly of the
Province of Ontario.
(b) No Member shall : •
( I ) use offensive words or unparliamentary language in
or against. the Council or against any Member ;
( 2 ) speak on any subject other than the subject in
debate.
( 3 ) criticize any decision of the Council except for
the purpose of moving that the question be
reconsidered.
( 4 ) disobey the rules of the Council or a decision of
the Presiding Officer or of the Council on
questions of order or practice or upon the
interpretation of the rules of the Council ;
• and in case a Member persists in any such disobedience after
having been called to order by the Presiding Officer, the •
Presiding Office pay forthwith , put the question,
amendment, adjournment or debate being allowed, "that such
Member be ordered to leave his seat for the duration of the
meeting of the Council" but if the Member apologizes . he
may, by motion and vote of the Council , without debate , be
permitted to ' retake his seat.
(c ) `o person except Members and officers of the : oun,• : i
shall be allowed to come within the bar during the
sittings of the Council without permission of the
411 Presiding Officer or the Council upon reference.
(d ) When the Chair is putting the question, no Member shail
leave or make a disturbance.
30. COMMITTEE OF THE WHOLE
(a) The Presiding Officer may appoint another `(ember of the
Committee to act as Committee Chairman while he is
speaking to a question or while he is temporarily
absent. from the meeting. '
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(b) The Committee Chairman shall maintain • order in the
Committee and report the proceedings to the Council .
(c) The rules governing the procedure of the Council and
the conduct of Members in Council , shall be observed in
Committee so far as they are applicable , except that :
( i ) Motions may be moved orally except where the
Presiding Officer requests that the motion he in
written form.
( ii ) A Seconder shall not be required on motions.
(d) The number of times of speaking on any question shall
not be limited unless a Member moves that the vote be
now taken.
• (e) tin Member shall speak more than once except to make an
explanation until every Member who desires to speak
shall have spoken .
( f) When a report or By-Law is under discussion i n
Committee of the whole, the Chairman of the Committee
whose report is under consideration, or the introducer
of the By-Law, shall not be required to take the chair .
(g) Questions of order arising in Committee of the Whole
shall be decided by the Chairman, subject to an appeal
to the Committee , and if any disorder arises in the
Committee, the Head of the Council shall resume the
chair, without any questions being put.
(h ) On motion in Committee of the Whole to rise and report.,
the question shall be decided without debate.
( i ) A motion in Committee of the Whole, to rise without
reporting or that. the Chairman leave the chair, shall
always he in order, and shall take precedence over any
• other motion. On such motion, debate shall be allowed ,
but no member• shall speak more than once, and on an
affirmative vote, the subject referred to the Committee
shall be considered as disposed of in the negative, and
the Head of the Council shall resume the chair and
proceed with. the next, order of business.
IlIM1I
THE MUNICIPALITY OF VILLAGE OF PORT BURWELL
Meeting . / ,19..
Moved By !... ._-. fry
'7O -D3
That leave be granted to introduce Bylaw t�
Seconded B - - _ ��_..r__ . /'� c e ed y S o
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Govern 411.e �/
GoUnc, / do r/t Ga °/77/.11
h i'''ii �' c .
• and that By-law presented herewith be read a first time.
By-law read a - --- ----------time
4-Moved By . . , ._��.. �....
/ That By-law now read a first time be read a
second time forthwith.
Seconded By ._:•••,_
_ - s•---- - �,� . . . :c` ��. :�� �
By-law read a �e-CLgc.L_ time
Moved By; - / --- --------�ia.
%hatc.lyiila,w.. now read a second time be read
hirime forthwith. cc \ ��''
Seconded By --- dio - c` �c� �F� `Ze c
It
By-law read a ..---.time
Moved By '-� 0-/..,(//, i
That By-law now read a third time do pass,
be engrossed by the Clerk, and signed and
7a t - --.---_-, sealed by the Reeve.
Seconded -- __. _._ ..----- `�`
cv:4 , ` C \ e e --
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� -Village of Port Burwell
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By-Law 90-03
i
Governing the Preceeding of Council
Committees
I February 19, 1990
ME In ME I NM M M M M OM N 1 M W UM
THE MUNICIPALITY OF VILLAGE OF PORT BURWELL
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Meeting // 7 ,,9 •?:.--0
,, /
Moved By
7- ;1 .1 AV
(1.0 -OS
That leave be granted to introduce By-law ter
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Seconded Bit ..( ......__J7.Z.
5 of
/ and G- ri.7/-711e 05.
and that Bylaw presented herewith be read a first time.
By-law read a c.%::.'A time
Moved By
That By-law now read a first time be read a
Seconded By .__ ..- 44°c2 )-. second time forthwith.
By-law read a (-- .v..t...-.. ._ time
Moved By /.74 :::7
a/(4,--
- ----- ------ - --Zate
Seconded By 44...% 110- ‘. — That By-law now read a second time be read
a third time forthwith.
.,(t.c s,..- 4SJ-J4 By-law read ci
read a _\116e.-)ACA,_________time
Moved By I, NI(
That By-law now read a third time do pass,
be engrossed by the Clerk, and signed and
Seconded : if ..- ......._)217a-f1 — sealed by the Reeve.
/ ‘f-)4`4 ' " ''' .)..\-Ck1Z) ike ook---
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BY-LAW NO. 1 O`r O .
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A By-Lai:
to govern the proceedings
of Council and Committees
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THE COUNCIL OF THE CORPORATION OF THE VILLAGE OF PORT BURWELi.
ENACTS AS FOLLOWS :
In this By-Law
(a ) "Clerk" means the Clerk of the Village of Port Burweii .
' (b) "Council " means the Council of the Village of Port
Burwell .
(c ) "Head" of Council means the Reeve.
(d) "Quorum" means the majority of the total membership of •
' Council or of a Committee.
2 . The rules and regulations contained in this By-Law shall be
observed in all proceedings of the Council and shall be ti-,e
' rules and regulations for the order and dispatch of business
in the Council and in the Committees thereof, provided t.:ia*.
the rules and regulations "unt.ained herein may he suspendee
t by a vote of the Council and in any case for which provision
is not made herein the procedure to be followed shall be, as
near as may be, that followed in the Legislative assembi>
Ontario and its Committees.
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COUNCIL MEETINGS
' 3 . Meetings of the Council shall be held at the Counci :
Chambers adopted and used by the Council from time to time
for such purpose. The Inaugural Meeting of Council shall
' take place at 7 :00 p.m. on the First. Tuesday in December,
following the election . The next and each succeeding
regular meeting of Council shall be held on the Second and
Fourth Tuesday of each Month at 7 : 30 p.m.
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.) 4 . The Head of Council or His/Her Designate shall preside at
all meetings of Council .
' 5 . When the day for a regular meeting of Council is a public or
civic holiday, the Council shall , unless the Council decides
' otherwise , meet at the same hour on the next following 'la.y
which is not a public or civic holiday.
6 . The Head of Council may at any time, summon a Special
' Meeting of Council , or upon receipt of the petition of the .
majority of the Members of the Council , the -4- Jerk shall
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summon a Special Meeting for the purpose and at the time
mentioned in the petition. Forty-eight hours notice of all
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Special Meetings of Council shall he given to the Members
through the Clerk 's Office. The only business to be dealt
with at a Special meeting is that which is listed in the
I - notice of the meeting.
7 . All meetings dealing with personnel , property and litigation
shall be held " in camera" .
R . Members of Press will be provided with :
( a ) copy of agenda
I ( b) copy of petitions and communications at the start of
each Council Meeting. All other items are to be dealt.
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with by Council before being released to Press .
9. In the case of the absence of the Head of the Council from •
I .) the Municipality, or if he/she is absent through illness , or
he/she refuses to act, or his/her Office is vacant , A Member
of Council shall be appointed by Head of Council or vote of
Council to act from time to time in the place and stead of
II the Head of the Council and he/she shall have all the
rights, powers, and authority of the Fi.ad of Council , while
so doing. Any :•lemher so appointed or voted to act, shall be
II called -Chairman- .
CALLING OF MEETING TO ORDER ANDQi.ORUM
II10. As soon after the hour fixed for the holding of the meeting
of the Council as a quorum is present, the Head of Councii
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shall take the Chair and call the meeting co order .
ABSENCE OF HEAD OF' COUNCIL
I. 11 . Subject to therovisions of The Municipal Act , and where n�:
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Presiding Officer has been 'appointed under Clause y of this
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By-Law, in case the Head of Council does not. attend -within
fifteen ( 15 ) minutes after the time appointed for a meeting
of the Council , the Clerk shall call the Members to order
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and an acting Head of Council shall be appointed from among
the Members present and he shall preside until the arrives.
of the Head of Council and while so presiding, the acting
II Head of Council shall have all the powers of the Head of
Council .
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NO QUORUM
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12 . If no quorum is present , one-half hour after the time
1 appointed for a meeting of the Council , the Clerk shall
record the names of the Members present and the meeting
shall stand adjourned until the date of the next Regular
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Meeting.
CURFEW
13 . No item of business may he dealt with at a Council Meeting
after 11 : 30 p.m.
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THE CONDUCT OF PROCEEDINGS AT A MEETING OF COUNCIL
II14 . It shall be the duty of the Head of Council or other
Presiding Officer :
1 (a) to open the meeting of Council by taking the chair and
calling the Members and Public to order ;
1 ( b) to announce the business before the Council in the
order in which it is to be acted upon ;
1 (c) to receive and submit, in the proper manner . all
motions presented by the Members of Council ;
1 (d ) to put to vote ail questions which are regularly moved
and seconded , or necessarily arise in the course of
• proceedings , and to announce the result. ;
1 (e ) to decline to put t.;, vote motions which infringe the
1 rules of procedure;
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t ( f) to restrain the Members, in accordance with "Boerinr,t ' s
l Rules of Order" , when engaged in debate ;
(g) to enforce on ail occasions the observance of order and
decorum among the Members and Public;
(h) to call by name any Member persisting in breach of the
rules or order of the Council , thereby ordering him to
vacate the Council Chamber;
( 1 ) to receive all messages and other communications and -
announce them to the i ounci 1 ;
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( j ) to authenticate, by his/her signature when necessary,
all by-laws , resolutions , and minutes of the Council ;
' (k ) to inform the Council , when necessary or when referred
to for the purpose , on a point' of order or usage ;
' _ ( 1 ) to represent and support the Council , declaring its
will , and implicitly obeying its decisions in ail.
•' things ;
(m) to ensure that the decisions of Council are in
conformity with th4 laws and by-laws governing the
' activities of the Council ;
(n ) to adjourn the meeting when the business is concluded;
' (o) to adjourn the meeting without question put in the casi-
of grave disorder arising in the Council Chamber .
' AGENDA
15 . The Clerk shall have prepared and printed for the use of
Members at the regular meetings of Counr•i i an agenda under
the following headings :
' (a ) Disclosure of interest
' (b) Minutes of previous meetings
(c ) Deputations •
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(d ) By-Laws
(e ) Report of Committees
1 - Petitions, Communications & Committee Reports
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2 - Unfinished Business
1 3 - New Business
' 4 - Ihqui.ries by Members
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( f) Notice of Motion of New Business
(g ) Adjournment
Under Report of Committees - All members shall handle their
responsibilities at one time under above order of business. -
Ail business shall be handled in this order unless otherwise
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decided by unanimous approval of Council . Members of
Council shall be provided with copies of Agenda etc . on
the Friday proceeding the meeting . /1920dA , 11 he po5/d 04 T 1
he
(1;001 O ;ce Sul efo� Aeon/ ar� -fh� Cam �n� { //,40, �oarc/ hex f
fo 4ht Pd54 ice .
' AGENDA PROCEDURE
16 . 1 Disclosure of Interest - to allow members to declare any
Alconflict of agenda matters .
16 . 2 Minutes - Minutes shall record:
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' (a) The Place , date and time of meeting ;
(h) The names of the Presiding Officer or Officers and
' record of the attendance of the Members :
(c ) The reading, if requested, correction and adoption of •
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, the Minutes of prior meetings ;
(d) all other proceedings of the meeting without note or
comment .
it. Snail be the duty of the Clerk to ensure that. the '•)inutes
of the last regular meeting, and all special and Standing
' Committee meetings held more than five working ( 5 ) days
prior to a regular meeting, together with the agenda
prepared in accordance with Clause 15 are mailed or
deiiver•e.: to each Member not less than fort•-eight, ( 48 )
' hours before the hour appointed for the Holding of such
regular meeting.
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Such minutes as referred to in Clause 15 may be adopted by
Council wit.hour having been read at the meeting considering
the question of their adoption, and in other cases , the
Minutes shall be read prior to consideration of adoption.
16 . 3 Deputations
I ) (a ) Persons desiring to present information -. erbaliy on
matters of fart or make a request of Counci : sisal give
notice to the Clerk not less than three ( 3 ) working
days before the commencement of the meeting of the
council arc may he heard by leave of the Presiding
Officer of Council , bui shall be limited in speaking to
' not, more than ten ( 10) minutes except that a delegation
consisting of more than five ( 5) persons shall he
limited to two ( 2 ) speakers , each limited to speaking
not more than ten ( 10) minutes.
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' (b) The Clerk shallrovide all U t
p epu ations• and Delegations
' with a copy of By-Law relating to Deputations .
16 . 4 Reading of By-Laws and Proceedings Thereon
' (a) No By-Law except a By-Law to confirm the proceedings of
Council shall be presented to Council unless _ the
subject matter thereof has been considered and approved
' by Council .
(b) Every By-Law shall be introduced upon motion by a
Member of the Council , specifying the title of the By-
Law.
(c ) Every By-Law when introduced, shall be in typewritten
' form and shall contain no blanks except such as may be
requi red to conform to -accepted procedure ,.,r to -comply
with the provisions of any Act and shall be co plete
with the exception of the number and date thereof .
(d ) Every By-Law shall have three readings prior to it
being passed .
t c ) The first reading of a By-Law Sha i i he def.'tt;ed w i t.h ut
amendment or debate.
f ; If the Council determines that the By-Lar, i to be
considered in Committee of the Whole, it shall be so
' considered previous to the third reading t.herr„f .
(g ) In proceedings in Committee of the Whole , upon .By-
Laws, each section shall be considered in ' its proper
' order, inclusive of the title and recitals .
( h ) If Council so determines , a By-Law may be taken as
read .
( i ) The Clerk shall set out on all By-Laws enacted by
Council , the date of the several readings thereof .
I ( .j ) All amendments made in Committee of the Whole shall be
reported by the Chairman to the Council which shall
' receive the same forthwith and after the report has
been received , a By-Law shall be open to debate and
amendment before it is ordered for the third reading .
' • ( k ) When a By-Law is reported without amendment. , it shall
be forthwith ordered to be read the third time at such
time as be appointed by the Council .
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( 1 ) Every By-Law enacted by the Council shall he numbered
' and dated and shall be sealed with the seal of the
Corporation and signed by the Clerk and the Presiding
Officer and shall be deposited by the Clerk in his
Office for safekeeping.
16 .5 Committee Reports (Standing & Special )
• ' Communications and Committee Reports
(a) Every communication, including a petition or committee
report, designed to be presented to the Council , shall
' be legibly written or printed and shall not contain any
obscene or improper matter or language and shall be
signed by at, least one person and filed with the Clerk .
' ( h) Every communication shall be delivered to the Clerk not
less than three ( 3 ) working days before the
commencement of the meeting of the Council .
I (r_ ) all communications on any subject within the cognizance
of a Standing Committee shall , on presentation , unless
otherwise disposed of by Council forthwith , he
considered as referred to the appropriate Committee as
the case may he without any motion or debate unless
' otherwise ordered by Council .
16 . 6 Unfinished business
The items listed in : he order of the topics met out in the
agenda of prior meetings which have not been disposed of. by
Council :+nd the date of their first appearance on the
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agenda , shall he noted and repeated on each subsequent
agenda until disposed of by Council , unless removed from the
agenda by leave of the, Council .
16 . E New Business
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Shall include (ai motions of which prior notice has been
IIgiven, and
( bf motions of a routine nature, and
' (c ) general information pertinent to the
business of the Corporation, (without
' debate ) .
16 . 8 Inquiries by `;embers
IF
Questions may be put to the Head of the Council or through
him/her .to any member of the Council relating to any By-Law,
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motion , other matter connected with the business of Council ,
' or the affairs of the Municipality, but no argument or
opinion, is to be offered or facts to be stated except so
far as necessary to explain the same , and in answering any
such question , a member is not to debate the matter to which
the same refers .
17 . Motions and Resolutions
11 Members of Council are to advise the Clerk on day of Council
Meeting of any resolutions they wish prepared . The Clerk
' will ensure that motions will be typed and deposited at the
Council Table prior to a Meeting. Members are to have
motions arising from committee reports , petitions ,
communications , and Unfinished Business , seconded and given
' to the Clerk prior to the Meeting . The Clerk is to read all
motions and pass same to the Read of Council .
' ( b) Motions arising from discussions may be presented at
any time, in accordance with the rules of debate .
18. after a motion has been received by the Head of the '..ouncil ,
' it shall he deemed to be in possession of the Council , but
may with permission of the Council , he withdrawn at any time
before decision or amendment.
i9 . Reference to a Committee
' a motion to refer a matter under discussion by the Council
to a Committee of the Council , shall preclude ail amendments
of the main question until it is decided .
20. Amendment - A motion to amend
• - shall be presented in writing ,
- shall receive disposition of Council , before a previous
amendment, or the question,
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) - shall not be further amended more than once provided that
further amendment may be made to the main question .
' - shall be .relevant to the question to be received ,
- shall not he received proposing a direct negative to The
' question,
- may propose a separate and distinct disposition of a
question,
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-- shall +re put in the reverse order to that, in which it is
moved .
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21 . Notices of Motion •
INotices shall be given in writing , without debate giving
notice to Council :
II1 - to amend , repeal or alter this By-Law , and
2 - to introduce any new measure or change in the Council ' s
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established policy.
22 . The Previous Question
A motion for the previous question
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1 - cannot be amended ,
- cannot be proposed when there is an amendment under
consideration ,
I - shall preclude all further amendments of the main
question,
I - when resolved in the affirmative, the question is to be
put forthwith without debate or amendment ,
II - can only be moved in the following words , - that the
question be now put , ' and
II - may be voted against by the mover and seconder .
23 . Motion to Adjourn
II A motion to adjourn
- shall always be in order except as provided by these
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j rules ,
- '.nen resolved in the negative, cannot he made again until
I after some intermediate proceedings shall have been
completed by Council ,
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- is not in order when a Member is speaking or during the
verification of a vote,
- is not in order immediately following the affirmative
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. resolution of a motion for the previous question .
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- shall be put in-the reverse order to that in which it. is
' moved . •
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21 . Notices of Motion -
Notices shall be given in writing, without debate giving
notice to Council :
1 - to amend, repeal or alter this By-Law, and
2 - to introduce any new measure or change in the Council ' s
established policy.
22 . The Previous Question
A motion for the previous question
- cannot he amended ,
- cannot be proposed when there is an amendment under
consideration ,
1 - shall preclude all further amendments of the main
question ,
' - when resolved in the affirmative, the question is to be
put forthwith without debate or amendment ,
' - can only he moved in the following words , - that the
question be now put , - and
- may be voted against by the mover and seconder .
23 . Motion to Adjourn
Ia motion to adjourn
- shall always be in order except as provided by these
rules,
- then resolved in the negative, cannot he made again until
' after some intermediate proceedings shall 'nave been
completed by Councii ,
' - is not in order witern a Member is speaking or during the
verification of a vote,
- is not in order immediately following the affirmative
' - resolution of a motion for the previous question . ••
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24 . Privilege
IA motion on a matter of privilege shall receive disposition
of Council forthwith upon receipt and , when settled , the
question so interrupted shall b'e resumed from the point
IIwhere it was suspended .
25 . Motion to Refer
I A motion to refer back a question to Committee with or
without instructions may be amended but must receive
disposition by Council before the question, or an amendment
t to the question , and when made prior thereto, before
decision on a motion for the previous question or
postponement. .
IVOTING ON MOTIONS .
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26 . Questions Stated
( a) Immediately preceding the taking of the vote , the
Presiding Officer may state the question in the form
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introduced and shall do so it required by a Member
except when a motion for the previous question has been
resolved in the affirmative . He shall state the
IIquestion in the precise form in which it will be
recorded in the Minutes .
( b) No Interruption after Question
I • After a question is finally put by the Presiding
Officer, no Member shall speak to the question or shall
•
I
any other motion be made until after the vote is taken
and the result has been declared .
I (c ) Ultra Vires
•
A motion in respect of a matter which is beyond the
jurisdiction of the Council shall not be in order .
' , ) (dl Motion to Divide
I .'
motion containing distinct proposals may he divided
by leave of Council .
I
( e ) Division of Question
. A separate vote shall be taken upon eac:n proposal
contained in a question divided with - Leave of the
ICouncil .
•
II
.
II
•
-11- •
( f ) Vote not allowed
I A Member not present before the result of the division
on a question is declared shall not be entitled to vote
that question.'
Ion
(g ) Unrecorded Vote
I The manner of determining the decision of the Councii
on a motion shall be at the discretion of the Presiding
Officer and may be by voice , show of hands , standing or
otherwise.
II ( h ) Recorded Vote
I
When a Member present requests a recorded vote , all
Members present at the Council or Committee Meeting
must vote unless otherwise prohibited by statute . The
names of those whn voted for and others who .Toted
II against shall be noted in the Minutes . The Clerk shall
announce the results. A request for a recorded vote
can only be made before an unrecorded vote is taken
IIexcept as set our. in Clause 29 .
27 . RULES OF DEBATE
Ia ) Every Member prior to speaking to any question or
motion shall be recognized by the Presiding Officer .
When two or more Members wish to speak , + he Presiding
I
Officer shall designate the Member who has the floor
who shall be the Member who, in the opinion of the
Presiding Officer, requested first . Every Member
I
present at a meeting of the Council when a question is
put shall vote thereon unless prohibited by statute .
II ( t,) When a recorded vote is requested by a Member, or is
otherwise required, the Clerk shall record the name and
vote of every Member on any matter or question .
I
J 1 (c ) If any Member at a meeting of the Council ,, when a
question is put and a recorded vote taken , does not
vote, he shall be deemed as voting in the negative
I
except where he is prohibited from voting by statute.
(d ) If a Member disagrees with the announcement of the
Presiding Officer that a question is carried or lost. ,
II he may , hut. only immediately after the declaration by
the Presiding Officer ,appeal the declaration and
request that a recorded vote be taken.
I (e) When the Presiding Officer calls for thb vote on a
-12- •
question , each Member shall occupy his. seat and shall
I
remain in his place until the result of the vote has
been declared by the Presiding Officer, and during such
time no Member shall walk across the room to speak to
any other Member or make any hbise or disturbance.
II __ ( f ) When a Member is speaking , no other Member shall pass
between him and the Chair or interrupt him except to
Iarise a point, of order.
(g ) Any Member may require the question or motion under
discussion to be read at any Lime during the debate but
I
not so as to interrupt a Member while speaking .
(h ) No Member shall speak more than once to the same
I
question without leave of the Council , except that a
summation shall be allowed to be made by a Member of
the Council who has presented the motion to the
I Council , but, not by any Member who has moved an
amendment or a procedural motion.
( i ) No Member , without leave of the Council , shall speak to
II the same question , or in reply, for longer than ten
minutes .
I ( .j ) A Member mai ask a question or make a statement for the
purpose of obtaining information relating to the matter
under discussion and such question must be stated
I
briefly and asked only of the previous speaker .
( k ) Notwithstanding Clause 27 ( .j ) , when a Member has been
recognized as the next speaker, then immediately before
I
speaking , such Member may ask a question of the
Presiding Officer or an official of the Municipality on
• the matter under discussion but only for the purpose of
IIobtaining information , following which the Member shall
speak .
( 1 ) The following matters and motions with respect thereto
I
) may be introduced orally without written notice and
without leave, except as otherwise provided , by these
Rules of Procedure:
I ( i ) a point of order or personal privilege;
I
( ii ) presentation of petitions ;
( iii ) to lay on the table ;
. 1 '
-13-
( iv/- to postpone indefinitely or to a day certain ;
(v ) to move the previous question .
(m) The following motions may be- -introduced without notice
' and without leave, but such motions shall be in writing
and signed :
' ( i ) to refer;
( ii ) to adjourn ;
( iv) to suspend the Rules of Procedure.
( n ) Except as provided by Clause 27 ( 1 ) above, all motions
' shall be in writing and signed by the `(over and
Seconder.
' ( o) Tn all unprovided oases in the proceedings of the •
Council or in the Committee of the Whole, the matter
shall be decided by the Presiding Officer , subject- to
' an appeal to the Council upon a point of order.
a8 . POINTS OF ORDER AND FSR i l I l.EG"r.
' (a) The Presiding Officer snail preserve order and decide
questions of order.
' ( b) When a `lember rises to a point of order he shall .ask
leave of the Presiding Officer to raise a point of
order and after leave is granted, he shall state the
point of order, by section of By-Law to the Presiding
' Officer and sit clown and remain seated until the
Presiding Officer shall have stated and decided the
point of order.
(c) Thereafter, a Member shall only address the Chair for
the purpose of appealing the Presiding Officer ' s
I decision
to the Council .
If no Member appeals the decisions of the Presiding
Officer shall he final .
' (e) The Council , if appealed to, shall decide the question
without debate and its decision shall be final .
' ( f) Where a Member considers that his integrity or the
Council as a Whole has been impugned, he may as a
matter of personal privilege, rise at any time, . with
the consent of the Presiding Officer, for the purpose
of drawing the .&t.tent ion of the Council' to the matter.
I . .
t
1
-lei-
' � ,
' 29 . CONDUCT OF MEMBERS OF COUNCIL
(a) No Member shall speak disrespectfully of the Reigning
Sovereign, or of any of the— Royal Family, or of the
' Governor-General , the Lieutenant-Governor of any
Province, or any Member of the Senate, the House of
Commons of Canada or the Legislative Assembly of the
IProvince of Ontario.
(b) No Member shall :
' ( 1 ) use offensive words or unparliamentary language in
or against the Council or against any Member ;
( 2 ) speak on any subject other than the subject in
debate .
i ( 3 ) criticize any derision of the Council except for
I
the purpose of moving that the question be
reconsidered.
' O disobey the ruies of the Council or s decision of
(,he Presiding Officer or of the Council on
questions of order or practice or upon the' interpretation of the rules of the Council ;
and in case a Member persists in any such disobedience after
having been called to order by the Presiding Officer , the
' Presiding Office may forthwith , put the question . no
amendment , adjournment or debate being allowed, "that such
Member be ordered to leave his seat for the duration of the
' meeting of the Council" but if the Member apologizes , he
may, by motion and vote of the Council , without debate , be
permitted to retake his seat..
' (c ) 'o person except Members and officers of the counc , i
shall be allowed to . come within the bar during the
sittings of the Council without permission of rhe
II ) Presiding Officeror the Council upon reference.
(d ) When the Chair is putting the question . no Member sha ii
' leave br make a disturbance.
30. COMMITTEE OF THE WHOLE
' (a) The Presiding Officer may appoint another Member of the
Committee to act as Committee Chairman while he is
. speaking to a question or while he is r,emporari. ly
absent from the meeting.
I
1 )
1
•
( b) The Committee Chairman shall maintain order in the
' Committee and report the proceedings to the Council .
(c ) The rules governing the procedure of the Council and
' the conduct of Members in Council , shall be observed in
Committee so far as they are applicable , except that :
' ( i ) Motions may be moved orally except where the
Presiding Officer requests that the motion he in
written form.
' ( ii ) A Seconder shall not be required on motions .
( d ) The number of times of speaking on any question shall
not be limited unless a Member moves that the vote he
now Laken.
' ( e) No Member shall speak mnrp than once except to make ar,
explanation until every Member who desires to speak
shall have spoken.
' ( f) When a report or By-Law is under discussion in
Comm, t tet• of the khoiu-, the Chairman of the (Tommi c r ee
whose report, is under consideration , or the introducer
' of the By-Law, shall not be required to take the chair .
(g) Questions of order arising in Committee of the whole_
' shall be decided by the Chairman, subject to an appeal
to the Committee, and if any disorder arises in the
Committee, the Head of the Council shall resume the
chair, without any questions being put.
( h ) On motion in Committee of the Whole to rise and report ,
the question shall be decided without debate.
' ( i ) A motion in Committee of the Whole, to rise without
reporting or that. the Chairman leave the chair, sha ) '+
always be in order, and shall take precedence over any
other motion. On such motion, debate shall be allowed ,
but no member shall speak more than once, . and on an
affirmative vote, the subject referred to the Committee
' shall be considered as disposed of in the negative , and
the head of the Council shall resume the chair and
proceed with the next order of business.
II
THE CORPORATION OF THE VILLAGE OF PORT BURWELL
BY-LAW NO. jr () --04
•
A by-law authorizing 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 modify a
service agreement (the "Previous Agreement) with
respect to the Provincially-owned water works (the
"Lake Erie Secondary Water Supply System Number
Two" ) .
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 supply water to the
Municipality from Lake Erie Secondary Water Supply System
Number Two at the expense of the Crown;
AND WHEREAS the net capital cost of the Lake Erie
Secondary Water Supply System Number Two in the amount of
approximately $283 , 838 appearing on the records of the Crown
• will be reduced to zero by applying a portion of the
project' s surplus balance against the principal outstanding
appearing on the records of the Crown;
AND WHEREAS the Municipality wishes the Crown to
continue to own and operate the Lake Erie Secondary Water
Supply System Number Two;
- 2 -
• AND WHEREAS the provisions of the Previous Agreement
will remain in force.
NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE
VILLAGE OF PORT BURWELL ENACTS AS FOLLOWS :
1) 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.
2) The cost for operating the Lake Erie Secondary
Water Supply System Number Two is raised by a water
service rate imposed by By-law No. 6/0—e511 .
•
3) 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 P17DAYOF
�/ -
f- broary , A. D. 199 .
� 7
REEVE CLERK
•
BY-LAW''LLREAD A THIRD TIME AND FINALLY PASSED THISly DAY OF
f-4-b,wrS/ , A. D. 199 .
11"°;14-
. \‘' \\* Allarek?
REEVE CLERK
MOE PROJECT #5-0087
OMB FILE #G6920-68 .
• SCHEDULE "A" TO BY-LAW NO. q0-011 OF THE CORPORATION OF THE
VILLAGE OF PORT BURWELL.
The Agreement made in four (4) copies this / 6/ day of -ChrUUry
, 1990.
BETWEE N:
HER MAJESTY THE QUEEN IN RIGHT OF ONTARIO
AS REPRESENTED BY THE MINISTER OF THE ENVIRONMENT
(hereinafter called the "Crown" )
OF THE FIRST PART
--and--
THE CORPORATION OF THE VILLAGE OF PORT BURWELL
(hereinafter called the "Municipality" )
OF THE SECOND PART
WHEREAS 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 "Lake Erie
Secondary Water Supply System Number Two" was constructed to
supply water service for the Municipality; and
WHEREAS the Previous Agreement provides not only for
construction and operation of the Lake Erie Secondary Water
• Supply System Number Two but also for the supply of water to
the Lake Erie Secondary Water Supply System Number Two and to
the Tertiary System known as the Lake Erie Tertiary Water
Supply System Number Two from the Primary System known as the
Lake Erie Water Supply System.
- 2 -
WHEREAS pursuant to the Government Reorganization Act,
• 1972, the—Crown is the successor to the Ontario Water
Resources Commission; and
WHEREAS the amount for capital cost of the Lake Erie
Secondary Water Supply System Number two can now be
recovered; and
WHEREAS the Municipality wishes the Crown to continue to
own and operate the Lake Erie Secondary Water Supply System
Number Two; and
WHEREAS it is desirable that the provisions of the
Previous Agreement remain in force; and
• WHEREAS the Council of the Municipality has passed
By-law No. C/Q_0 y authorizing the Municipality to enter into
this Agreement.
THE PARTIES HERETO AGREE pursuant to Sections 7 (2) and 8
of the Ontario Water Resources Act as follows:
1 . The Municipality shall pay the Treasurer of
Ontario and Ministry of Economics (the Treasurer)
in each year
(1) all charges in accordance with the provisions
of the Previous Agreement.
• (2) an amount, calculated on actual water
consumption, in each year placed by the Crown to
the credit of a reserve account for renewals,
replacements, alterations, extensions and
contingencies in respect of the said Lake Erie
Secondary Water Supply System Number Two; but not
exceeding the amounts specified in Schedule "A"
from time to time .
- 3 -
• ,
2 . ( 1) The Crown will establish and maintain a reserve
account or accounts for the Lake Erie Secondary Water
Supply System to provide for renewals, replacements,
alterations, extensions and contingencies in respect
of the Secondary System Number Two and shall credit
such reserve accounts and expend, use, apply, utilize
and appropriate therefrom for such purposes such
amounts as may, in the opinion of the Crown, be
sufficient: there for.
(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 such accounts.
(3) 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 .
3 . The Municipality authorizes the Crown to apply
such portion of the project' s surplus balance
• against the principal outstanding recorded in the
books of the Crown as may be necessary to reduce
the net capital cost to zero.
- 4 -
4 . The remainder of the project' s surplus balance
• shall be placed in the reserve account referred
to in S. 2. - —
5 . Where the costs for a part of the Lake Erie
Secondary Water Supply System Number Two have not
been finally determined or where an error is
made, the Crown, may after consultation with the
Municipality, by written notice to the
Municipality, alter such part of Schedule "B" as
the Crown determines is appropriate or add a new
part to such schedule to reflect the final costs
or corrections .
IN WITNESS WHEREOF the parties have duly executed
• this Agreement under seal.
THE CORPORATION OF THE VILLAGE HER MAJESTY THE QUEEN IN
OF PORT BURWELL RIGHT OF ONTARIO AS
REPRESENTED BY THE MINISTER
OF THE ENVIRONMENT
Ili
/S
REEV
/ •
lOrIA✓I✓ Al
CLERK MINISTER
•
Schedule "A" to an Agreement between Her Majesty the Queen in
• Right of._Ontario as represented by the Minister of the
4 .
Environment and the Corporation of the Village of Port
Burwell.
DESCRIPTION OF WORKS
• 12" Pipeline from the Elgin Water Works Plant to the
Villages of Port Burwell and Vienna.
• Elevated storage tank serving the Townships of Malahide,
Yarmouth and Bayham.
VALUE For Insurance Purposes $1 , 497 , 075
RESERVE ACCOUNT
$ Maximum * $ Maximum
Annual Charge Balance
(all participants)
$4, 110 ** $100 , 000
* Municipal contribution calculated on actual water
consumption.
•
** Total annual contributions from all participants
$10 , 000 .
Schedule "B" to an Agreement between Her Majesty the Queen in
• Right of Ontario as represented by the Minister of the
Environment and The Corporation of the Village of Port
Burwell.
411• MINISTRY OF THE ENVIRONMENT
Provincial Project No. 5-0087-68
STATEMENT OF CAPITAL ACCOUNT
CAPITAL COSTS :
• Gross Capital Cost
Less :
. Provincial Asst. - Regular $1 , 123 , 036
. Provincial Asst. - Special 43 , 795 1 , 166, 831
• LOAN AMOUNT $ 330, 244
Estimated Cumulative Amortization 46, 406
• ESTIMATED PRINCIPAL
OUTSTANDING AT MARCH 31/90 $ 283 , 838
• ESTIMATED SURPLUS TO BE
APPLIED TO REDUCE
PRINCIPAL OUTSTANDING (283 , 838)
• AMOUNT OWING BY
MUNICIPALITY MARCH 31/90 0
SURPLUS POSITION
• ESTIMATED SURPLUS AT MARCH 31/90 $ 391 , 947
Less :
• Portion applied against Principal 283 , 838
Outstanding at March 31/90 $1 , 497 , 075
• ADJUSTED SURPLUS BALANCE $ 108 , 109
THE MUNICIPALITY OF VILLAGE OF PORT BURWELL
•
_ ..._
Meeting .., - /7 ,19
Moved By / ---cte--f------
—
That leave be granted to introduce By-law* YO -oy
Seconded By %XV
yjiziLi_ we--vvv-I.Zr7r,rn-e--r, citti,.. c- -- 1 ) ._,,..-;., -4 , le/-Yrkl ei"S'Irl
- ,( -0• -4:4441..e,4144it "A "J?, le-- - 't t - - -(-1-- c4.i10 P-A-t-v-i-fi-I vq- A-e-i-r--B-7--'4) -1-,-=>61\_
(
•
and that Bylaw presented herewith be read a first time.
By-law read a F--4/1 time
Moved jtij . .C.A.2S-47- ) 2iCi./1 -
v-------V
Seconded By That By-law now read a firs -. e . read a
second time forthwith. Oak
-... ,...-.L—..- ,-y 1..),Oe1-42----
By-law read a — .g4-•—e.(e:IT: ______time
• .-
Moved By — • - .. ___..........__ • _
Ofil
That By-law now read a second time be load
a third time forthwith.
Seconded By 67')t4. fif -
By-law read a time
Moved B• .— - _ ____ I---"--
- -------.....------
That By-law now read a third time do pass,
..40/ be engrossed by the Clerk, and signed and
Seconded : SP%47- ____ sealed by the Reeve.
\, ie\p,j4 \ iL• :1:--).‘.1..". 14321W.3(
Ministry Ministere
of the de
Environment I'Environnement
Ontario
135 St Clair Avenue West 135 avenue St Clair ouest
Suite 100 Bureau 100
Toronto,Ontario Toronto(Ontario)
M4V1P5 M4V4P5
April 3 , 1990
Mr. J. Timlin
Clerk-Treasurer
Village of Port Burwell
P.O. Box 299
Port Burwell , Ontario
NOJ 1TO
Dear Mr. Timlin:
RE: PORT BURWELL SECONDARY WATER SUPPLY SYSTEM
PROVINCIAL PROJECT NO. 5-0087
TERMINATION OF OUTSTANDING DEBT
• ONTARIO MUNICIPAL BOARD APPLICATION
The Ontario Municipal Board is in the process of approving
the above-noted application submitted March 9 , 1990 .
In order to finalize the Order, the Board would appreciate
your amending Clause 2 of page 2 of the attached Execution
By-law. The Service Rate By-law No. should appear in this
spot.
Please submit the amended by-law to me as soon as possible.
Sincerely,
/
/C` fiC GIQv�
� v /
Margaret Geldart
Sr Field Services Officer
Capital Management Section
Financial & Capital
Management Branch
410 Attach.
• .
THE MUNICIPALITY OF VILLAGE OF PORT BURWELL
0 _ .
1;
/ 19
Meeting ..:----.-- -----d"--
'Po.' . 04 , . ••••
- •
Moved By __ . 51"---
That leave be granted to introduce By-law* g0 --6
Seconded By 414
Clk, "- ,t-rrt/V 'OM 'ed4-1-/Lef/Vri" '1/1'1"176,F 14-1 , f;l2r;tf,.62 VLe-,---7^•-
• .Grid- "7/•-/ 4e51-1-‘- itA4,(%*- -e(4 "--1-,e-//a/Le4L,‘/7vfr-CI 7k4,71.6.4.--\.,
sttzfr(l 4 'tl,"'t, -)1yrt,ey• i8L. ( -,?,K., CtA'PS;1 ) •- ;>'-‘ '6.ki /41-1 "1 i'l'I'VZI'02 /
11,4 e-
,(,ti. -41-a-Lzd..c,t,4 " - t - -t'-v--c- -t'-v--c- -1
( _4(1) P-4.2-1,--t-e-vm7-- 01-A-41-r'•-aiN-.1.) -1,..---i>61 . I 5. ,.. igter-v-r-
0-pv-rv„,/ 4-1.-vc.7,.. 4rvv-zA42-67 ( .-b(-R- !ioe-a-A- .t S4' - - r- :o p T. t'f -
' a .
• %TAMES G. TIMLIN
CLERK
and that Bylaw presented herewith be read a first time.
DATE —t-j- R /92
By-law read a F--1.--4,---4 — time
SIGNATU- Alagr e
. 4 /44
Masmd,;‘..ele )27a,iet
That By-law now read a firs ' e read a
second time forthwith.
_
Seconded By -L...„'.e.47,4sr_ 4;62----
k,(:,.4 4• A k.'..A\,. ...)... 9,t.t.-!•-)By-law
-
By-law read a gt-er-r,P•1 time
Moved By ___ _.
' _
OA...
Seconded By - - ---- ---ft. .......
V •' `v/
‘----7 That By-law now read a second time be read
a third time forthwith.
_c.x•i•-Zga ,..,,,,,,4s w.-0••
By-law read a ._. _VI-.4.4______. 44 e
0
Moved By ....)---e.-‘.:-. .... . ........2 -----
Seconded .-.._..)2_. _
i>
That By-law now read a third time do pass,
be engrossed by the Clerk, and signed and
sealed by the Reeve.
‘ V ,
-.
THE CORPORATION OF THE VILLAGE OF PORT BURWELL
• BY-LAW NO. 10 v
T144 C,.1
A by-law authorizing The Corporationrof
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 modify a
service agreement (the "Previous Agreement) with
respect to the Provincially-owned water works (the
"Lake Erie Secondary Water Supply System Number
Two" ) .
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 supply water to the
Municipality from Lake Erie Secondary Water Supply System
Number Two at the expense of the Crown;
AND WHEREAS the net capital cost of the Lake Erie
Secondary Water Supply System Number Two in the amount of
approximately $283, 838 appearing on the records of the Crown
• will be reduced to zero. by applying a portion of the
project' s surplus balance against the principal outstanding
appearing on the records of the Crown;
AND WHEREAS the Municipality wishes the Crown to
continue to own and operate the Lake Erie Secondary Water
Supply System Number Two;
'''': • - . .
- 2 -
AND WHEREAS the provisions of the Previous Agreement
will remain in force.
NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE
VILLAGE OF PORT BURWELL ENACTS AS FOLLOWS:
1) -rhe 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.
2) The cost for operating the Lake Erie Secondary
Water Supply System Number Two1 a fi ailed by a water
service rate imposed by By-la. c V E TO �--
JAM Pyt
• 3) This By-law shall come into f6 d a1t� �[U14N
r�an t
upon receiving the approval cAhe On o �
Municipal Board. ?e)
SIGNATURE / 4
or
BY-LAW READ A FIRST AND SECOND TIME THIS 17 DAY OF
Fribruary , A. D. 199 .
AlP
/
N
REEVE CLERK
• BY-LAW READ A THIRD TIME AND FINALLY PASSED THISfy DAY OF
T• Xvu/� A.D. 199 .
\k `k ' \ 4 air?
\ Air
1 .-
L.,i&1. a
REEVE CLERK
SRECOMMENDED ESTABLISHING AND RFGULATIN(? BY-LAW
By-law No. 90-05 Being a
By-law to Establish a Fire Department
•
WHEREAS The Municipal Act provides that the Council may by
by-law establish and regulate a fire department ;
• THEREFORE, The Council of the Corporation of the Village of
Port Burwell enacts as follows :
1 . In this by-law,y unless the context otherwise requires,
(A) "Council" means the Councilof the Village of Port
Burwell .
• (B) "Department" means the Village of Port Burwell Fire
• Department.
(C ) "Member" includes an officer.
2 . A Department for the Village of Port Burwell to be known as
the Village of Port Burwell Fire Department is hereby established
and the head of the Department shall be known as the Chief of the
Department.
3 . In addition to the Chief of the Department, the Department
personnel shall consist of a Deputy Chief._ and such number of
Division Chiefs , Captains and other officers and members as from
time to time may be deemed necessary by the Council .
4. (A) The Chief of the Department may recommend to the
Council the appointment of any qualified person as a
member of the Department.
•
-2- •
•
( B) A person is qualified to be appointed a member of the
•
Department for fire fighting and fire prevention duties
who:
i . has successfully completed at, least Grade 8 .
ii . is of good character,
iii . passes such aptitude tests as . required by the
Chief of the Department, and,
iv. is medically fit to be a member as certified by a
• 4
physician designated' by the Chief of the
Department.
(C ) A person appointed as a member of the Department will
within the 12 month probation period successfully
complete their First Aid certificate.
ID) A person appointed as a member of the Department for
fire fighting duties shall be on probation for a period
of 12 months during which period he/she shall take such .
training and examinations as may be required by the
Chief of the Department.
(E) If a probationary member appointed for fire fighting
and fire prevention duties fails any such examinations,
411° the Chief of the Department may recommend CO the
Council - that he/she be dismissed.
5 . The remuneration of all members of the Department shall be
determined by the Council .
6 . The Chief of the Department is responsible to the Council
•
for the proper administration and operation of the Department,
111 -3-
for
3-for the discipline of its members, and
(A) may mike such general orders and departmental rules as
may be necessary for the care and protection of the
Department and generally for the efficient operation of
the Department, provided that such general orders and
rules do not conflict with the provisions of any by-
laws of the Municipality.
( B) Shall review periodically the policies and procedures
of the Department and may establish an Advisory
Committee consisting of such officers as he/she may
• determine from time to time to assist him/her in these
duties.
(C ) shall take all proper measures for the prevention,
control and extinguishment of fires and for the
protection of life and property and shall enforce all
municipal by-laws respecting fire prevention and
•
exercise the powers imposed on him/her by the Fire
Marshal 's Act.
(D) is responsible for the enforcement of this by-law and
the general orders and departmental rules .
111 ( E) shall report all fires to the Fire Marshal as required
by the Fire Marshal ' s Act, and -a copy forwarded to the
Municipal office.
• (F) shall submit to the Council for its approval , as
required by the Council , the annual estimates of the
Department and a five year plan for the Department .
. - -
• -4-
•
7 . The Deputy Chief shall report to the Chief of the Department
on the activities of the Divisions that are his/her
responsibility and carry out the orders of the Chief, and , in the
absence of the Chief, has all the powers and shall perform all
the duties of the Chief.
8. (A) The Department is composed of the following Divisions:
Division of Administration
Division of Apparatus , Equipment and Communications
Division of Fire Fighti-ng
Division of Fire Prevention
• Division of Training
( B) Each Division of the Department, except the Division of
Fire Fighting, is under the direction of a Division
Chief who is responsible to the Deputy Chief for the
proper operation of the Division. When a Division
Chief has not been appointed , the Chief of -the
Department , or the Deputy Chief, shall assume the
responsibility of the Division until such an
appointment is made.
(C ) The Division of Fire Fighting is under the direction of
410 the Deputy Chief who is responsible to the Chief of the
Department for the proper operation of the Division.
9. The Chief of the Division of Administration is responsible
to the Deputy Chief for the carrying out of the following duties
of the Division:
I
)
III _ -5- .
(A) Provide administration facilities for the Chief and
Deputy Chief of the Department.
(B) Prepare the departmental budget and exercise control of
the budget .
(C ) Prepare the payroll of the Department, and initiate
requisitions for materials and services and certify all
accounts of the Department .
( D) Maintain personnel records.
( E) Arrange for the provision of new buildings.
(F). Arrange for the provision of medical services.
• (G) Prepare the annual report of the Department.
(H) Carry out, the general administrative duties of the
Department.
( I ) Provide liaison with the County Fire Co-ordinator.
(J ) Assist. the County Fire Co-ordinator in the preparation
of a County Emergency Fire Service Annex and operating
procedures.
10 . The Chief of the Division of Apparatus , Equipment and
Communications is responsible to the Deputy Chief for the
•
carrying out of the following duties of the Division:
ill (A) Prepare specifications for the purchase of apparatus
and equipment.
(B) Maintain and keep in repair all existing buildings ,
fire fighting rescue and salvage apparatus of the
Department .
(C ) Modify apparatus and equipment.
74-"r' ,_ K x s�: .+ t� A: . yr,r.,
t
• t_ -6-
_ '
(D) Is responsible for recharging . fire fighting
extinguishers and cylinders and to test and repair
hose.
( E) Provide liaison with Council in order to ensure an
adequate flow of water in new waterworks projects and
the adequate maintenance of existing waterworks
facilities for the use of the Department.
(F) Issue clothing, equipment and cleaning supplies.
(G) Receive alarms and dispatch apparatus.
( H) Prepare specifications for new communication systems
•
and for additions to existing communication systems .
( I ) Maintain the communications systems of the Department.
(J ) Prepare the annual report and budget of the Division of
Apparatus , Equipment and Communications to be submitted
to the Division of Administration.
11 . (A) The Deputy Chief is responsible to the Chief of the
Department for the management and operation of the
Division of Fire Fighting and for the carrying out the
following duties of the Division:
i . Prevent, control and extinguish fires .
• ii . Conduct in-service fire prevention inspections of
all classes of occupancies .
iii . Conduct investigations of fire in order to
determine cause, origin, and, where appropriate,
to request the Office of the Fire Marshal to
conduct an investigation.
ti t
-7-
iv. Perform rescue and salvage operations and render
•
first aid .
v. Respond and assist at such emergencies as may be
required by the Chief of the Department.
vi . Participate in training at the station.
vii . Conduct pre-fire fighting operations planning .
viii . Perform apparatus maintenance and cleaning duties
at the station .
ix . Prepare the annual report and budget of the
Division of Fire Fighting to be submitted to the
Division of Administration.
(B) A Captain is in command of the Company to which he/she
is assigned and is responsible for the proper operation
of that Company to the Deputy Chief.
(C) Where the Chief of the Department designates a member
to act in the place of an officer in the Department ,
such member , when so acting , has all the powers and
shall perform all the duties of the officer replaced.
12. The Chief of the Division of Fire Prevention is responsible
to the Deputy Chief for the carrying out of the following duties
of the Division:
(A) Conduct fire prevention inspections of premises .
( B) Enforce fire prevention by-laws .
(C) Examine building plans.
(D) Provide personnel for fire prevention lectures.
(E) Establish and maintain photograph facilities.
• ` \ « .
411 •
-8-
(F) Maintain fire loss records. •
•
(G) Receive, process and follow up reports of fire
prevention inspections conducted under the Division of
Fire Fighting.
( H ) Prepare the annual report and budget of the Division of
Fire Prevention to be submitted to the Division of
Administration. •
13.. The Chief of the Division of Training is responsible to the
Deputy Chief for the carrying out of the following duties of the
• Division:
( A ) Conduct training for all personnel of the Department in
fire administration , fire prevention and fire fighting .
(B ) Administer training programs in the station.
(C ) Prepare and conduct examinations of members as required
by the Chief of the Department.
( D) Prepare the annual report and budget of the Division of
Training to be submitted to the Division of
Administration .
14 . (A) The provisions of this section, with respect to the
promotion of members , do not apply to the Deputy Chief.
• (B) Every recommendation for promotion of a member made to
the Council by the Chief of the Department shall be
based on the evaluation of:
i . the results of examinations taken by the member .
ii . the age and physical fitness of the member, and
z
t .
•M
• / -9-
iii . the fire and station record of the member .
•
(C ) Wren , in the opinion of the Chief of the Department ,
all other factors for the promotion of two or more
members are equal , seniority of service in the
Department governs .
( D) The fire fighting and station record of each member of
the Department shall be evaluated as follows :
i . The Captain of each company shall evaluate each
member of the company.
• ( F ) The Chief of the Department and the Deputy Chief shall
evaluate all members of the Department who are
participating in an examination for promotion.
( F) Every applicant for promotion shall take such written,
oral and practical examination as may be required by
the Chief of the Department .
(G) Every applicant applying for promotion must have
successfully completed and maintained their First Aid
Certificate and C. P.R.
15 . (A) Every member of the Department appointed for fire
fighting and protection duties is subject to a medical
Ali
examination at least once annually and at such other
times as the Chief of the Department may require.
( B) If. a board of medical examiners finds that a member is
physically unfit to perform his/her assigned
departmental duties and that such condition is
attributed to, and a result of his/her employment in
t �
• -10-
the Department, the Council may assign the member to
other employment or may retire him/her and provide such
retirement allowances as deemed proper.
16 . (A) No member ,
i . while in uniform, shall enter any premises where
alcoholic beverages are sold or consumed , except
in the performance of his departmental duties .
ii . if his ability is impaired by the use of an
intoxicating beverage or drug, shall be permitted
• to remain on duty .
iii . while on duty, shall consume an intoxicating
beverage or drug .
( B) No member shall solicit the influence or support of
anyone in order to secure a transfer, promotion p m tion or
other advantage .
17 . ( A ) The Chief of the Department may reprimand, suspend or
recommend dismissal of any member for insubordination ,
inefficiency, misconduct, tardiness or for
noncompliance with any of the provisions of this by-law
or general orders and departmental rules that , in the
opinion of the Chief, would be detrimental to the
discipline and efficiency of the Department .
(B) Following the suspension of any member the Chief of the
Department shall report the suspension and his
recommendations to the Council .
(C ) A member shall not be dismissed without being afforded
. -11 -
the opportunity for a hearing before Council , if he/she
makes a written request for such hearing within seven
days after receiving notice of his/her proposed
dismissal .
18 . The Department shall not respond to a call with respect to a
fire or emergency outside the limits of the municipality except
with respect to a fire or emergency.
(A) that in the opinion of the Chief of the Department
threatens property in the municipality or property
situated outside the municipality that is owned or
occupied by the municipality.
(B) in a municipality with which an agreement has been
entered into to provide fire protection , or
(C) on property with respect to which an agreement has been
entered into with any person or corporation to provide
fire protection therefore.
(D) The rescue boat is not to operate outside the end of
the east pier without prior approval of the solicitor
general or notifying rescue co-ordination centre at
Trenton.
19. . This by-law comes into effect on the day it is passed by
Council . `'T h
Passed this _ ) day of 1990 .
//0,,
HEAD OF MUNICIPALITY CLERK OF MUNICIPALITY
0
THE MUNICIPALITY OF VILLAGE OF PORT BURWELL
S
Meeting . . J
� 141 : ....04 / ,1970
Moved By 2..€Gt" C:37fter-.4-1.------
That leave be granted to introduce By-law
Seconded B _.. ,WLZe /)"v!J", 7 D -° 7 •--4-/-.�,-� �/
.....1? 1,...P1 - •_./._/r.,,,,,," ...Y2) •-11-S,64-iii,/^. e-
• and that Bylaw presented herewith be read a first time
By-law read a . C-�4time
Moved By
i ;( ,1
_.. _...._._...,._.._.
That By-law now read a first time be read a
Seconded By . ._ "" 0- second time forthwith.
:-'0-CC-4-C 4t1 y,. . , <
By-law read a ...�.G%.(.1. .L___--.time `
ii
Moved By -: _. �-1
That By-law now read a second time be read
a third time forthwith.
Seconded By _ �.• � �`\J
r
t--
By-law r d a . _:tl� —time
111.
Moved By �`^' That By-law now read a third time do pass,
4. be engrossed by the Clerk, and signed and
Seconded By __---,� /' ,„, _-_- sealed by the Reeve.
9,�
1
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1 I
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a � .
adv, 2 /o •
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(110
•
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rEEMENNImmimmimmmmimmilim
• Corporation of the Village of Port Burwell
4111 by- law No. 90-06
Being a by-law to appoint a Chief Building
Official , a Plumbing Inspector and By-law
Enforcement Official .
WHEREAS Chapter 51 R.S .O. the Ontario Building Code section 3
requires that the Council of each Municipality shall appoint a •
Chief Building Official ; ' .
AND whereas Council under section 45 ( 1 ) of Ontario Water Resource
Act RSO 1980 , Chapter 361 may pass a by-law to appoint a Plumbing
Inspector;
AND whereas Council deems it expedient to appoint a by-law
Enforcement and Property standards Officer.
AND whereas Mr . Bill Underhill has agreed to perform these
functions in accordance with provincial regulations , codes and
Village by-laws ;
isTHEREFORE Council enacts that Mr. Bill Underhill be appointed at
a rate of $13 . 65 per hour, plus 25% for benefits , automobile cost.
of 25 . 5 cents per kilometre and an appointment of conferences and
seminars as invoiced by Bayham Township.
• THIS by-law repeals all previous by-laws to hire a Chief Building •
Official , Plumbing Inspector, and By-law Enforcement Officer.
THIS by-law comes into effect on date of passing .
Ae.2eilt:
MOVED BY J 414.".."--'
SECONDED B �. . , 4 .
That by-law . 0-Of; be read a first time , read and , • rr led .
y I
,//
MOVED BY4(.116 L , , _ ,I A SECONDED BY. ..4016.. _ _ ___
That by-law 90-0J .e read a second time . Read - • carried.
e
MOVED B ' SECONDED BY XL.
That by-1 0 06 be read a third time . Rea ing dispensed with ,
finally ssed /
• /
_ .rte: //i. . , —
' Ree a erk
Village of Port Burwell Village of Port Burwell •
(. ' ". . = ' - •
a
THE CORPORATION OF THE
VILLAGE OF PORT BURWELL ,
BY-LAW NUMBER 90-07
Being a by-law to set water
and sewer user rates in the
Village of Port Burwell .
WHEREAS by Chapter 302 R.S .O. section 218 paragraph ( 16 ) the
Council of a local Municipality may by by- law , provide for
imposing upon owners or occupants of land who use sewage works a
sewage service rate.
WHEREAS Chapter 302 R. S .O. section 218 paragraph 2 and R.S .O.
Chapter 423 section 12 , 27 and others provides for imposing
rates , regulating , metering , , measuring and collection
frequencies , methods for water and sewer rates .
THE Corporation of the Village of Port Burwell hereby enacts :
AI1 . That all users of Port Burwell Municipal Water System are to
` have their water supply metered .
2 . The meter, remote readout and meter connections are owned by
the Corporation.
3 . The meter is to be sealed by a Corporation representative and
the seal is to remain unbroken, except by a Corporation
representative.
4 . The readout is to be placed near the hydro meter readout with
the utility user supplying sufficient space , with unhindered
visibility and access close enough for reading with the naked
eye.
5 . The utility user or occupant may enclose the meter .
6 . The methr is not to be altered , defaced, or changed in any
manner .
7 . The meter is to he installed with a valve between the
meter and the exterior stop cock.
8 . There are to be no T' s or supply splits between the stop cock
and the meter.
9 . No residents or businesses shall connect eaystrough,s , sum-
pumps or divert rain water into the sanitary sewer system.
AllRATES :
1 . All metered users shall pay $0. 88 for the first cubic meter
( $4 .00 for the first 1 , 000 imperial gallon) of water metered
each month , and an additional $0 .88 for each cubic meter,
metered each month in excess of THE FIRST 5 cubic meters
( approx . 1000 gal ) METERED per month .
2. Where Municipal sewers are connected to the metered supply,
the sewage service rate shall be S19 . 65 each and every month
irregardless of the quantity of water used .
II �
1 , .
3 . Metered users shall receive ,a minimum bill for the first 5 '
•
cubic meters a month irregardless if it is used. .
411 4 . - Commercyal and industrial metered users shall pay a rate • . •
that is the same as the metered residential . users .
5 . Customers of occupied residence and businesses shall pay a
monthly rate equivalent to 80 cubic meters if meter readings .
are unavailable or tampered.
6 . Unmetered customers of abandoned homes or businesses shall
pay a rate equivalent to upon approval by resolution of
Council .
7 . All Customers shall be entitled to one free turn on or turn
off per calender year, and each turn after this shall be
charged at $15 . 00 . This charge shall be levied in case of
turn off for non payment of account or , at the Customers
request .
8 . All work performed on private property shall be charged at
the current rate and is to be due on rendering of account.
This charge is to be lien on the property and is to be
collected as an extension or addition to the water/sewer
bill .
9 . Should a Municipal sewer to be hooked to a private water
supply, the rate shall be $19 .65 per month . •
10. Any out of Town users shall pay a rate of 1 1/2 times the in
Village users.
111P 12 . No person may use water from a fire hydrant, with the
exception of fire departments.
13 . An application fee of $3 . 00 be levied for registering new
Water meters with the municipality.
14 . A water meter charge of $150 .00 be levied for new meters
installed.
Any person who contravenes this by-law is subject to a fine of up
to $5 ,000.00 upon summary conviction or under Provincial Offences
act.
THIS by-law repeals and rescinds all other previous by-laws that
- determine user rates . •
THIS by-law to come into effect on May 1 , 1990 at 1 :00 A.M.
THIS by-law d• s not replace the P.U.C. Act R.S .O. Chapter 423 ./J � l/,�
MOVED B "
/.:1.7 SECONDED BY C , DATE fl 2 I ` -I P
That by-1:w be read a first time. Re and carried.
oo�/-o E 'I�'1�w� �'���G
MOVED BY c ._ SECONDED BY
THAT by-law be read a second tim . — Read and dispensed
with . 90 `III/ AO '! O
MOVED BY � ,� ./ � = -CONDED � / t..'
idALC.,, DATE /744_
THAT by- a - - be read a third time. j eading dispensed with,
finally passed 110 -01
REEVE . OLAF __._ AA.L CLERK
IFir
• BY-LAW NUMBER 9 0-0 8
A by-law prescribing standards for the
maintenance and occupancy •)f property.
Whereas the statement in the draft Official Plan includes
provisions relating to conditions of maintenance and
occupancy of property has been approved by the Ministry of
Municipal Affairs
NOW THEREFORE BE IT AND IT IS HEREBY ENACTED:
1. DEFINITIONS: In this by-law if, JJ--
(a) - means The Corporation of the ✓1/h9Pnf PjorwIl/
(b) "COIOQTTEE" means a Property Standards Committee established under
Oat-By-law.
iri By-law.
(c) "INSPECTOR" for the purposes of this by-law means a Public Health
inspector employed by the Board of Health. of the kn
District Health Unit. 51 T
(d) "OPPICER" means a Property Standards Officer who has been assigned
tonsibility of administering and enforcing this by-law.
(e) "OWNER" includes the person for the time being managing or receiving
th rent of the land or premises in connection with which the word
is used whether on his own account or as agent or trustee of any
other person or who would ao receive the rent if such land and pre-
mises were let, and shall also include a lessee or occupant of the
property who under the terms of a lease, is required to repair and
maintain the property in accordance with the standards for the
maintenance and occupancy of property.
(f) "PERSON" includes a person, corporation, association, or
partnership.
(g) "PROPERTY" means a building or structure or part of a building or
structure and includes the lands and premises appurtenant thereto
and all mobile homes, mobile buildings, mobile structures, outbuild-
ings, fences and erections thereon whether heretofore or hereafter
410
erected and includes vacant property.
(h) "REPAIR" includes the provision of such facilities and the making of
a -tions or alterations or the taking of such action as may be
required so that the property shall conform to the standards estab-
lished in the by-law.
2. The standards for maintenance and occupancy of property set forth in
Schedule "A" to this by-law are hereby prescribed and adopted as the
minimum standards for the City of London and said Schedule "A" is
hereby enacted and adopted as part of this by-law.
3. Property which does not conform to the standards prescribed by this
by-law shall be repaired and maintained to comply with the standards
prescribed by the by-lav, or the land shall be cleared of all build-
ings, structures, debris or refuse and left in a graded and levelled
condition.
4. The Council of theViNyashall by by-law appoint Property Standards
Officers who shall be responsible for the enforcement of this
by-law.
S. All notices and documents provided for in this by-law shall be
signed by a Property Standards Officer.
6. (a) Subject to subsection 6(b), an officer and any person acting under
his instructions may, at all reasonable times and upon producing
proper identification, enter and inspect any property;
•
• - 2 -
(b) Except under the authority of a search warrant issued under section
142 of the Provincial Offences Act, an officer or any person acting
IIIunder his instructions shall not enter any room or place actually
used as a dwelling without requesting and obtaining the consent of 11
the occupier, first having informed the occupier that the right of
entry may be refused and entry made only under the authority of a
search warrant.
7. (1) Where a property does not conform to the standards prescribed in
this by-law the Property Standards Officer may serve or cause to be
4
served by personal service upon, or send by prepaid registered nal!
to the owner of tha property and all persona shown by the recordso!
the Registry Office, the Land Titles Office and the Sheriff's Office
to have any interest therein a notice containing particulars of the
non-conformity and may, at the same time, provide all occupants with
a copy of such notice.
(2) The Property Standards Officer shall afford all persons who were
served with the notice an opportunity to appear before his and mals
representations in connection therewith. The hearing shall be held
within 90 days after notice is given in subsection 7(1)
S. (1) After affording the opportunity to make representations the Property
Standards Officer may serve or cause to be served or may send by
1111 :
prepaid registered mail or bq personal service an order containing:
a) the municipal address or the legal description of such •
property; •
b) reasonable particulars of the repairs to be effected or a
statement that the site is to be cleared of all buildings,
structures, debris or refuse and left in a graded and levelled
condition and the period in which there must be a compliance
with the terms and conditions of the order and notice that, if
such repair or clearance is not so done within the time speci-
fied in the order, the municipality may carry out the repair or
clearance at the expense of the owner; and
c) the final date for giving notice of appeal from the order. -
(2) A notice or an order under section 7 or 8, when sent by registered • "
mail or by personal service shall be sent to the last known address -
winaAsrnahhcuey agarinfivclshiilehisnetrttobyheefp
e reoedthoensptesfterrmdeenreif,aaeciorrynrdvaerrmndiwetathonarws edhhobohhni!,y edasamlfvvaeunerepdovebnbdmseeaueensonunnubgcnsesdsqaeeurrtryeie
gnessdtefiscleswrotttodiiroat,nhtthte ho8tehrnhnoe dreaan,nlecdlgoanier,ysdrkwtehrpr aeoentof in uottnhhthee oeacmfrudesqtahuit
etia r
iooeP'snr
lnd
-
.
• (3)) opheerttfoihornornhtryoisceecatohh8sgaofttyftcibneterorrtohudnabeiaditan hnosarpoeurrsoouacecne- —
ity shall forthwith register in the proper land registry office a
..
certificate that such requirements have bean satisfied, which shal
operate as a discharge o! such order. .
9. When an order to repair, as provided for in this by-law, is given to -
the owner and to all other persona having an interest in the pro
party and the order is not complied with, and the condition of the
property indicates that repair would be inexpedient and demolition _
is advisable, the Property Standards Officer may serve notice oo r
such persons requiring the land to be cleared of all buildings j°d
left in a graded and levelled condition and if the notice is not
complied with the City may demolish the buildings or structureseh,ll
6.
question and grade and level the land and the cost of so doing
be added to the tax bill and collected in the same winner as
municipal taxes.
4
- 3 -
10. (1) A Property Standards Committee composed of CO4incji is hereby
• established.
,. • ra • he i• ir
h) •
is ,t41 +01! '' �► *. ljr0
ave .871*, f i• .111W • ma i ve ,el ib f•r r. ppo nt•
rs o.� • • to r •,fi
• ty du es the r
Co . P. . ,., .. c sh •d h. o ,e e
u• r • to .
(.) The members of the Committee shall elect one of themselves as "chair-
man, and when the chairman is absent through illness or otherwise,
the committee may appoint another member as acting chairman.
(3) A majority of the Committee members constitutes a quorum.
00 Before hearing an appeal, the Committee shall direct that notice of
the hearing be given to such persona as the Committee considers
advisable.
- (5) The records of the Committee shall be kept in the office of the
411 Municipal Clerk and section 78 of The Municipal Act, R.S.O. 1980
ch. 302 shall apply to such records.
11. Where an owner upon whom an order has been served in accordance with
this by-law is not satisfied with the terms or conditions of the
order, he may appeal to the Committee by sending notice of appeal by
registered mail to the Secretary of the Committee within fourteen
days after service of the order, and, in the event that no appeal is
taken, the order shall be deemed to have been confirmed.
12. Atter hearing an appeal the Committee may confirm the order to
demolish or repair or may modify or quash it or may extend the time
for complying with the order provided that, in the opinion of the
Committee, the general intent and purpose of the by-law
have been maintained.
13. The VINV or any owner or parson affected by a decision of the
Com.44.tee may appeal to a Judge of the County Court of The County of
by so notifying the Clark in writing and by applying
- . for an appointment within fourteen days after the sending of a copy
of the decision and,
a) the Judge shall, in writing, appoint a day, time and place for
the hearing of the appeal and may direct that it shall be
served upon such persona and in such manner as he prescribes;
b) the Judge on such appeal has the same powers and functions as
the Committee.
14. The order, when no appeal is taken or after all appeals are com-
pleted, shall be final and binding upon the owner and occupant who
shall make the repair or effect the demolition within the time and
• in the manner specified in the order.
13. Where an order to repair or demolish has been given and the owner
has not made the repairs required Ly the order within the time
stipulated in such order the✓iIkye may effect the demolition or cause
the repairs to be made and the cost thereof shall be added to the
owner's tax bill and collected in the same manner as municipal taxes
and a certificate signed by the Clerk setting out such costs shall
be registered on the title to the land.
• A
- 4 - Lill
16. The Provincial Offences Act applies to prosecutions under this 4111
by-law.
•
17. (1) Every person who contravenes this by-law is guilty of an offence and
on conviction is liable to a fine of not more than $500 for each day
of contravention.
(2) In addition to any other remedy or penalty imposed under this
by-law, the court in which a conviction has been entered and, any
court of competent jurisdiction thereafter, may make an orderell
prohibiting the contravention or repetition of the offence by the
person convicted.
18. If any section of this Property Standards Dy-law is for any reason
1111
held tobe invalid, that section shall be deemed to be severable and
the remaining sections shall remain in affect until repealed. II-
"11 7
This by-law comes into force on the day it is passed. 1
III4 i1 7�
MOVED �}i� _ - ONDED ,, /6,,4' DATE/�' "', �'
That by-law y-08 be /read a first tim= �Rea�d� ,anndd carried.�y ///
MOVED : i /_r � / �cis, SECONDED BY (�^'7" • DATE�i/r�,t?1 f CJ
That • - aw ,-08 be read a second time. Read and dispensed
with. iiir
MOVED BY j, _,,,/,‘; CONDED B , . �, // ' • E` lifiv �/q1)
That by- -'s 90-08 be r'ad a third time.�•ea•ing dispensed with,
finally sassed.
ft /, , /„,.,_
„A ,_ NA\ ...0(
Reeve ' 'r
•
I CERTIFY THIS TO
BE A TRUE COPY.
JAMES G. TIMLIN
CLERK p
DATE __ i . �/
�� ,.
SIGNAT - _ i 464-44.4 ' '
a
ri
SCHEDULE "A"
q2-o9
•- TO BT-LAW NO. ye
specifying the minimum standards for
the maintenance and occupancy of
property.
DEFINITIONS .
1. In this schedule
a) "APPROVED" means
i) the approval of the Chief Official with respect to matters
under the Ontario Building Code;
ii) the approval of the Property Standards Officer in respect
to all other matters regulated by this by-lay.
b) "DWELLING UNIT" means one or more habitable rooms arranged for
the domestic use of one or more individuals living together
which may be rented for occupancy with cooking and sanitary
facilities.
c) "EXTERIOR PROPERTY AADS" means the building lot excluding
buildings.
d) "PENCE" includes a privacy or other screen.
e) "GROUND COVER" means organic or non-organic material applied to
prevent erosion such as concrete, flagstone, gravel, asphalt,
grass or other equivalent landscaping.
f) "NON-HAD/TAUS SPACE" means a bathroom, water closet compart-
ment, baaameent, cellar, corridor, stairway, storage or furnace
room and accessory space used for maintenance or access within
a building or a room or space which does not comply with the
minimum standards for human habitation specified in this
by-law.
g) "RESIDENCE BUILDING" mains a building containing within its
walls one or more dwelling units and which may or may not
• contain other uses.
h) "SIGN" includes an advertising device or notice and means any
m —um, including its structure and other component parts,
which is used or capable of being used to attract attention to
a specific subject matter, other than itself, for identifi-
cation, information or advertising purposes.
i) "UNSAFE CONDITION" means any condition that could cause undue
hazard to lite, limb or health of any person authorised or
expected to be on or about the property.
EXTERIOR PROPERTY AREAS
2(1) Exterior property areas shall be maintained in a neat and tidy
condition and so as not to detract from the neighbouring environment
or present a hazard to any person.
2(2) Without restricting the generality of subsection 2(1), maintained in
a neat and tidy condition includes removal of:
. a) rubbishy garbage, brush, waste, litter and debris;
b) injurious insects, termites, rodents, vermin and other pests;
c) noxious weeds and excessive growth of other weeds;
- 2 -
•
d) ground cover, hedges and bushes which are unreasonably
• overgrown in relation to the neighbouring Environment;
e) dead, decayed or damaged trees or other growth and the branches
and limbs thereof which create an unsafe condition;
f) wrecked, dismantled, inoperative, discarded, unused or
unlicensed vehicles or trailers, except in an establishment
licensed or authorised to conduct or operate a wrecking
business; •
g) machinery or parts thereof, or other objects or parts thereof,
or accumulation of material that creates an unsafe condition or
which is not in keeping with the neighbouring properties;
h) dilapidated or collapsed structures or erections, and the
filling or protecting of any unprotected well.
2(3) Driveways, ramps, parking areas, paths, outside stairs and landings
shall be;
a) surfaced, resurfaced, repaired or regraded to provide a safe
surface for pedestrian or vehicle use;
2(4) Suitable ground cover shall be provided to maintain aood appear-
ance, prevent erosion of the soil and so as to be in harmony with
• the neighbouring environment. Where grass forma part of the ground
cover it shall be resodded or reseeded u often as required to main-
tain the grass in a living condition.
2(5) Lighting fixtures and their supports shall be maintained in a safe
condition, in working order and of good appearance.
2(6) Ground cover, hedges, trees, landscaping and site facilities
required as a condition of site development or redevelopment shall
be maintained in living condition or in a good state of repair. The
Property Standards Officer may accept alternatives provided the
intent of the original conditions of approval are maintained.
PONDING
3 Exterior property areas shall be graded and maintained to prevent
ponding ,of water creating an unsafe condition or harmful to the
environment. Catchbasina and 'wales shall be installed and main-
tained where necessary to facilitate drainage and so as not to
impede the natural flow of water.
•
FENCES
4. Fences shall be kept:
a) protected by paint, preservative or other weather resistant
material unless the aesthetic characteristics of the fence are
enhanced by the lack of such material;
b) in a structurally sound condition and plumb, unless specifi-
cally ,designed to be other than vertical;
c) in good repair and free of accident hazards.
SIGNS
5(1) Signs shall be maintained:
a) so as not to cause any unsafe condition;
b) in a vertical plane unless otherwise erected and approved, in
which case such sign shall be maintained as erected and
approved;
. i
•
• - 3 -
• c) without any visible deterioration of the sign and its structure
when viewed from any property other than the property on which
the sign is situated; and
d) in conformance with the requirements of the sign by-law of the
municipality.
5(2) Signs that are unused or not eared for or discarded shall be removed
from the property or shall be stored within a building.
RETAINING WALLS
6(1) Retaining walls shall be maintained in good repair and free from
accident hazards.
6(2) Without restricting the generality of subsection 6(1), the main-
tenance includes:
r
a) redesigning, repairing or replacing of all deteriorated,
damaged, misaligned or missing portions of tha wall, or rail-
ings and guards appurtenant thereto; '
b) installing subsoil drains where required to maintain the stabi-
lity of the wall;
c) grouting masonry cracks;
d) applying a coating of paint or equivalent preservative.
f ',;.t
'Tit. ;
• I STRUCTURAL CAPACITY
1 .;,;, 7(1) ' A building, or pert thereof, shall be capable of sustaining its own
:, y, weight together with the loads that may be imposed by natural causes
such as snow, wind and all other causes as set out in the Ontario
;{,Th Building Code.
•�'+�}g? 7(2) The factor of safety specified in the Ontario Building Code is the
14;7 '' minimum standard.
•.4. y.
i N, 7(3) The above standards and factors are to be met without exceeding soil
sl,' . capacity
u p ty and the maximum differential or other settlement specified
i�4# in the Ontario Building Code.
1+{•f 7(4) If the Chief Official is not satisfied that the structural capacity
1 .; • of any part of a building meets the standards he may require, to
. rw�.,. establish structural capacity, the submission of a report, prepared,
10, sealed and signed by a professional engineer who is qualified in
l;s ti ' this field and licensed by the Association of Professional Engineers
R1=i';'41
of Ontario.
+ . FIRE SAFETY
i'',:. l .. '' 8 The Ontario Tire Code applies to all existing buildings, structures
and premises with respect to fire safety standards.
r , UNSAFE CONDITIONS
,�',,t� 1 9(1) Unsafe conditions on property shall be abated forthwith to the
t j . ,i . satisfaction of the Property Standards,,i , p y Officer.
-
C >�� v 9(2) Where there is a condition on the property which is unsafe, the
•
Ontario Building Coda shall apply to the extent necessary to abate
14; the unsafe condition.
f "s�;' 4 9(3) Without limitingthe; ;a.• ,+ generality of subsections 9(1) and 9(2),
x.;
abating of an unsafe condition includes:
1-,, '
;_„ a) the provision or repair of stairs, balustrades, railings,
{(1t``� guards and screen* so as to minimize the risk of accident;
~'rx b) removal of garbage, refuse and pest. such as rodents. vermin,
:. i•y,;; termites and injurious insects;
w
�ri . ,
• }:. - 4 -
A, r' ��=.'1 risk serious injury to persons normally in or
c) the elimination of other conditions which may be a hazard to
:
life or which u,
l' , 'v.
is id' about the subject building, floor area, suite of roots, room,
. space or property.
LRTERIOR SURFACES
1.. ti i
.,.. F.� +;;' 0(1) All exterior surfaces on a building that have bean previously
.•
.ft 4'''
, painted, stained, varnished or which have received other similar
s, protective finishes shall be maiataiaed 'vithout substantial deterio-
t ': li i`f ration from the original finish, or shall be refinished with a,n
4� 1i' � equivalent preservative or kti protective finish.
ry4:
�......1;: 0(2) Appropriate measures shall be taken to remove any defacements
• •11 4: occurringon the exposed
• finished exterior surfaces and, where
, •k' ;,,�' necessary, to restore the surface and adjacent areas to
• ��.'' Tas near as
V ,�1 possible, their appearance before the markings, stains or defacement
•4; : I. : occurred.
:7; ; '0(3) Glazed doors, windows and other transparent surfaces shall be kept
,t•.
:
�• ;{'j ; reasonably clean.
•j" ',1 '(4) A building damaged by fire or other causes shall be repaired to its
original condition and as mayotherwise
' 11:1 rwisa ba required by this by-law,
' or the building shall be demolished or the damaged portion removed
•: ?i'' and the property left in • graded, level and tidy condition.
lj'' ' t '1• '(3) Without restrictingthe
tt • s'. 01 generality of subsection 10(4) repairs shall
, 41 include:
1,. f`.
. :.I
' ' a) abating any unsafe condition;
;r' , b) refinishing so as to be compatible with adjoining undamaged
;1 . !' 1 surfaces.
`. 1 '(6) Nothing in this section shall be construed as preventing doors,
h; windows and other openings in the exterior of an unoccupied building
i from being protected from damage Or to prevent entry, for such time
l� as a building remains unoccupied.
;► ''(7) Materials used for protection in accordance with subsection 10(6)
,,' 1, shall be afforded an application of paint, varnish or other approved
colouring or preservative on the exterior, to maintain an appearance
6., commensurate with the surrounding environment.
• 0IV i
' DOORS, WINDOWS, SHUTTERS AND HATCHWAYS
,
� ,. I .' (1) All doors, windows, including storm and/or screen windows, shutters
c,
'•• (r and hatchways in a building shall be maintained weathertight so as
`' , to perform their intended function.
; .,:.;' 4" (2) Without restricting the generality of subsection 11(1), •the main-
,r = ,J tenants includes:
a) the repair, refitting, replacing or renewing of damaged, decay-
ing or defective doors, windows, frames, sashes, casigs,
!;,• l� shutters, hatchways or screens;
. t b) reglasing or fitting with an approved translucent substitute;
;� z4 I•: c) repairing or replacing defective or missing hardware;
�, d) rescreening or weatherstripping;
e) painting or the applying of a similarlyaffective
• 1 preservative.
(�{ 3) When an opening is used or required for ventilation or illumination
and is not required to be protected by a door, window or similar
iI closure it shall be protected with a:
;f, 1
11 ..4 I .
I,
• o1,
t ; •
,11
i , 1
11
- 3 -
a) wire mash screen, metal grille or other equivalent durable
!, material; or
b) other protection so as to effectively -prevent the entry of
i 'l: rodents or vermin.
1, •11(4) In an unoccupied building only exterior doors, windows, including
�' storm and/or screen windows, shutters and hatchways need comply with
I� subsection. 11(1), 11(2) and 11(3).
;.; , FOUNDATIONS, WALLS, COLUMNS AND BEAMS
1
4 I ' 2(1) The foundations, walls, columns and beams of a building shall be
;� maintained in good repair.
;, 12(2) Without restricting the
generality of subsection 12(1) the tainted-
l' !;• 'iiante of walls, columns and beams of a building includes:
, � a) extension of the wall foundations below grade or regrading to
4 �� provide adequate frost cover;
b) installing subsoil drains where such would be beneficial;
; c) repairing or replacing decayed, damaged or wakened sills
,: i^ piers, posts or other supports; '
t '1. , d) grouting and waterproofing the wall and joints;
ti 1) e) making sills, piers, posts or other supports insect proof by
;7 t: 'A; coating with preservative or other approved method;
r, ' f) the applying of approved materials to preserve all wood, metal
i'• S work or other materials not inherently resistant to weathering
! or war;
'+ g) the carrying out of such other work as may be required to over-
come any existing settlement detrimental to the appearance of
'i the building or to improve or maintain a pleasant and satisfy-
4!
; I ing appearance at least commensurate with that of the
°
r, neighbourhood;
t• ;�0 h) the restoring, repairing or replacing of:
.!I i) the foundations, walls, columns and beams; or
,' iI, ii) components, claddings, finishes and trims forming a part
., • •' ;I, thereof.
,• (3) Foundations, walls, columns and beams within an unoccupied building
,i
`1i are exempt from the requirements of subsections 12(1) and 12(2)
unless the deterioration is detrimental to the exterior appearance
i ail • of the building or creates an unsafe condition on or adjacent to the
1 1, property.
i. If,
, FIAO)RS, STAIRS
,� FLLORNIES AHS, PORCHES, DECKS, LOADING DOCKS AND
I: 1) Every floor, stair, verandah, porch, deck, loading dock, balcony and
I! �i� eVery appurtenants attached thereto shall be maintained, recon-
`: fi structed or repaired so as to be of good appearance, safe to use and
3 lit capable of supporting the loads to which it may be subjected as
: F .'I , specified in the Ontario 3uilding Code.
• i 2 ) Without restricting the generals
ty of arcs reconstructs�g or repairing ncludesreotion 13(1), the maintan-
•!, a) repairing or replacing floors, treads or risers that show
r: excessive soar or are broken, warped, loose or otherwise
r defective;
V ',1 b) repairing, renewing or supporting structural members that are
'el rotted, deteriorated or loose;
f, '�� c) providing, repairing or renewing balustrades, guardrails and
railings; and
'! d) paints
; ng or the applying of other equivalent preservative.
.
•
1
-
•
•
; - 6 -
13(3) Floors, stairs, verandahs, porches, decks, loading
and every appurtenance attached thereto within the exterioramalls eof
an unoccupied building are exempt from the requirements of sub-
.
�, r sections 13(1) and 13(2).
; •
•
ROOFS AND ROOT STRUCTURES
: 14(1) Every roof including related roof structures,
arrestors shall be maintained and repaired so as to guardsand
perform
its intended functions, be of good appearance and so as to be
capable of supporting the loads to which it may be subjected as
specified in the Ontario Building Code.
14(2) without restricting the generality of subsection 14(1), tha main-
ftenance and repair includes:
; a) removal of loose, unsecured or unsafe objects and materials;
; b) dangerous accumulations of snow and ice;
c) other accident hazards;
d) other objects and conditions detrimental to the appearance of
tha building'.
14(3) Chimneys, amok. or vent stacks and other roof structures shall be
maintained plumb and in good repair so as to be free from:
a) loose bricks, mortar, and loose or broken capping;
b) loose or rusted stanchions, guy wires, braces and attachments;
c) objects and conditions detrimental to the appearance of the
building.
INTERIOR CLADDING AND FINISHES
' 15(1) Interior cladding and finishes of walls, floors and ceilings shall
be repaired and maintained:
a) . in a clean, odour fre. and sanitary condition, reasonable for
the normal use or occupancy of the room, space, corridor or
• stairway;
b) in good repair, free from holes, loose boards, broken, torn,
damaged, decayed or stained materials;
c) free of objectionable markings or other defacement.
15(2) In addition to the maintenance required by subsection 13(1), floors
shall be maintained free of depressions, protrusions, •deterioration
• or othar defects which could create an unsafe condition or which are
out of character with the normal us* of the area in which such
•
defect occurs.
• VENTILATION SYSTEMS
r
t
16(1) Ventilation as required by the Ontario Building Code shall be
provided to all rooms and spaces within a building to prevent accu-
mulations of haat and contaminants likely to create a potential
• fire, explosion, toxic or health hazard.
16(2) Ventilation systems shall be:
a) regularly cleaned and maintained in good repair, working order
and in a safe condition at all times;
b) in conformance with the requirements of the Ontario Building
•
Code.
•
• y
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BEATING AND MECHANICAL SYSTEMS
17(1) Heating and mechanical systems shall be provided, maintained and
operated in accordance with:
a) the requirements of the Ontario Building Code and the Energy
Act of Ontario; and
b) the manufacturer's instructions; and
c) free of hazards that could cause an accident.
17(2) The heating system shall be capable of maintaining the temper;tures
specified in the Occupational Health and Safety Act and regulations
made thereunder. '
17(3) The heating system for a dwelling unit shall be capable of main-
taining the temperatures specified in the City of London by-law
respecting the maintenance of suitable heat for rented or leased
dwellings or living accommodations.
ELECTRICAL SYSTEMS
•
18(1) Where required by the Ontario Building or Electrical Codes,
buildings shall be connected to an electrical supply system and
shall be wired to received electricity.
18(2) The capacity of the connection to the building and the system of
circuits and electrical outlets distributing the electrical supply
within the building shall be adequate for the use and intended use
and shall be maintained in good working order, free from fire and
accident hazards, and in compliance with the Ontario Electrical
Coda.
18(3) Adequate interior and exterior lighting fixtures shall be installed
and maintained so that the work or operations normally carried out
on the property, or the use of the property, can be undertaken in
safety and without undue eyestrain.
DRAINAGE AND PLUMB/NG SYSTEMS
, 19(1) Drainage and plumbing systems on the property shall be provided,
installed and maintained in good working order:
a) in compliance with the requirements of the Ontario Building
Code, the Ontario Water Resources Act, the Environmental
Protection Act of Ontario and their Regulations; and
b) free from leaks, defective or dripping taps and other defects.
19(2) where water run-off from roof surface is discharged by way of
eavestrougha or roof gutters and downpipes, they shall be installed
and maintained in good working order and good repair, watertight and
frac from leaks and in a safe condition.
19(3) Downpipes, sump pump discharge lines and grading shall be designed,
provided and maintained so as to discharge water run-off away from
the building and to prevent flooding and erosion on the property.
SEWAGE DISPOSAL
20(1) All sewage and waste water shall be discharged into a municipal
sewerage spites, or a system approved by the Medical Officer of
Health.
- 8 -
REFUSE DISPOSAL
21(1) Where facilities are provided inside a building for the storage or
disposal of refuse the facilities shall comply with the Ontario Firs
Code.
'•I a ext i co A i iassj and atlas - - provid A • di 4
• '� eorreimpum— del • ':ii/
•
lection of garbage V fuse "'h. i+
21(a) Garbage chutes, disposal rooms, containers and receptacles shall be
maintained as necessary to be clean, odour free and in operable
condition.
HUMAN HABITATION
22(1) A non-habitable room shall not be used as a habitable room.
22(2) The maximum number of occupants in a residence building shall dot
exceed one person per 9.29 square metres or 100 square feet of floor
area in habitable rooms.
22(3) For the purpose of computing the floor area of a habitable room, no
floor area under a ceiling height which is less than 2.13 metres or
7 feet shall be counted except for a bedroom which complies with the
provision as set out below.
22(4) No room in any residence building shall be used as a bedroom or for
sleeping purposes by a boarder, roomer or lodger unless it has a
minimum width of 1.98 metres or 6.5 feet and a minimum floor area of
5.57 square metres or 60 square feet plus an additional minimum
floor area of 3.72 square metres or 40 square feet for each addi-
tional person using the room for such purposes.
22(5) For the purpose of computing the minimum floor area required for a
bedroom, at least 50 percent thereof shall have a ceiling height of !`
not less than 2.13 metres or 7 feet and no floor area under a
ceiling height which is les■ than 1.52 metres or 5 feet shall be
counted. C
22(6) No portion of a residence building shall be used for residential
occupancy unless:
a) the floors, walls and ceilings within a building and the
exterior walls, roofs and any openings therein are watertight
and reasonably free from dampness and drafts; and
b) every habitable room, except a kitchen, contains one or more
windows or skylight that:
i) open directly to the outside air; and
ii) have a total light transmitting area and openable ventila-
tion
area of not less than that required by the Building
Code; and ('
c) all windows and skylights are:
i) glazed or fitted with an appropriate transparent material;
and
ii) provided with hardware and locking devices; and
iii) maintained in good working order and good repair; and
iv) if required for ventilating purposes, capable of being
easily opened and closed at all times.
22(7) In every dwelling unit an enclosed space of sufficient size shell be
provided to accommodate • bathtub or shower, water closet and a
lavatory.
a
r
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6
J
I
- 9 -
22(8) Other residential uses such as rooming houses and lodging houses
shall have sanitary facilities as provided in the Ontario Building
Code.
22(9) Every dwelling unit shall have a kitchen area provided with;
a) a kitchen sink, supplied with a splash back and a worktop of an
impervious surface; and
b) adequate clearance above any exposed surface of a cooking
apparatus.
22(10) a) All residence buildings shall be supplied with an adequate
supply of potable running water from a source approved by the
Medical Officer of Health; and
b) All fixtures except water closets shall be supplied with cold
and hot water. The hot water shall have a minimum temperature
of 49°C or 120'T.
•
eal
c,of PORTA THE CORPORATION OF THE
�3' ��AlbF VILLAGE OF PORT BURWELL
P.O. Box 10, Port Burwell, Ontario NOJ I TO
•11
!- ; r( ' telephone (S 19) 874-4343 • fax (S 19) 874-4948
•
October 12, 1994
Tree Tops of Erie Inc.
do Bruce Gardiner
228 Lakeshore Road East
PO Box #249
Oakville ON L6J 5A2
Attention: Mr. Bruce Gardiner
Dear Mr. Gardiner
Re: Property Standards By-Laws
Please find attached certified copies of our By-Laws 90-08 and 94-22 as per the above said.
I trust that you wi.li find the attached in order and if you should have any further questions
concerning this matter please feel free to call.
Da ' RFree, CET, AMCT(A)
ministrator/Clerk-Treasurer
Ends.
Tom Nesbitt • Reeve
David R. Free, CET,AMCT(A) • Administrator/Clerk-Treasurer
Councillors • E. Epple, G. Loucks, C. AIIin, J. Hevenor
J. BRUCE GARDNER
BARRISTER 6 SOLICITOR
228 LAKESHORE ROAD EAST
P O BOX 249 OAKVILLE (905) 844-3218
OAKVILLE ONTARIO FAX (905) 844 3699
L6J 5A2
October 7th, 1994
Village of Port Burwell , �,•"
P. 0. Box 10,
Port Burwell , Ontario.
NOJ 1TO
Re . PLJperty StdIudardS By-laws 90-08 and 94-22
Dear Sirs :
I enclose herewith the cheque of Clearinpar in your
favour for $14 . 50 and would appreciate your letting me have a
copy of each of the above by-laws .
Thanking you, I remain,
Yours very truly,
JBG/jc J. Bruce Gardner
Encl .
ti t
VILLAGE OF PORT BURWELL
BY-LAW 90-09
Being a by-law to set the
pay for the Fire Chief
WHEREAS the Village of Port Burwell will pay the Fire Chief
$1155 . 00 per year. Plus pay for mutual aid meetings and fire
• calls .
441)
MOVED BY ;00er—.. SECONDED BY '.,/ DATE
arng
That by-law ' 0-09 be read a first time . d and carried .
DATE �
MOVED BY __ / - ONDED BY
?1/./2
That by-law '0 09 he read a second time . Read and carried.
MOVED BY A1✓ / I SECONDED B ;4S
! �S., DATE /
That by-law is " be' read a third time . eariiridispensed with .
inally pas- : • - ,
•� i �._ I✓//t
Reeve, Cin. . Allin / 1erk , James G . Timlin
411/
•
•
•
•
THE CORPORATION OF
THE VILLAGE OF PORT BURWELL
• By-law No. 7,&-/0
(Being a By-law to licence and regulate dogs) ,
WHEREAS Section 210 R.S.O.Chapter 302 1982, of the Municipal Act authorizes
0 the enactment of a by-law for prescribing the licencing and regulating of dogs
within a municipality;
NCW THEREFORE the Council of the Corporation of the Village of Port Burwell
enacts as follows;
THAT no person shall suffer or permit any dog of which he/she is the owner
or custodian to run at large or trespass on any property within the Village of
Port Burwell.
THAT every dog within the Village of Port Barwell, when not visibly confined
or restrained to the dwelling or property of its' owner or of the person having the
i-are and custody of the same, shall at all times be restrained upon a leash in
harge of some person.
THAT an animal dog tax shall be levied upon every person who is the owner or
custodian of any dog.
THAT in each year starting in 1990 on or before the first day of June, every
person who is the owner or custodian shall procure from the Dog Licencing Officer
a tag for each dog in the amount of which he/she is liable for the dog tax and
shall keep the tag securely fixed on the dog at all times during the year and until
he procures a tag for the following year, excepting that the tag may be removed
while the dog is being lawfully used for hunting in the bush.
THAT the amount of tax be established as follows;
For each male or spayed dog $10.00
For each female dog $20.00
THAT the tag shall bear a serial number and the year in which it was issued
imilnd a record shall be kept by the Dog Licencing Officer showing the name and address
f the owner, the serial number of the tag, and the amount of the fee paid in respect
of the tax.
THAT a canine control officer, appointed by the Council of the Village of
Port Burwell, may seize any dog found at large contrary to this by-law.
THAT any person who contravenes or fails to comply with any of the provisions
of this by-law shall be guilty of an offence, and upon conviction, shall forfeit and
pay at the discretion of the convicting judge a penalty of not more than $20.00
exclusive of costs for the first offence, and not more than $50.00 exclusive of costs
for each subsequent offence, and the sane shall be recoverable under the provisions
of the Provincial Offences Act, 1979, as amended.
THAT any by-law not consistent with the provisions of this by-law be and is hereby
repealed. . 1 I_
/ � k� �� C%
MOVED BY -. ECONDED BY DATE
411 That by- aw 'Q , read a first tim . Read and carried
CARRIED i Reeve fi
MOVED BY �_ � - CONDED BY LS E ���"/"`�` `c
That by- w Q-/itrapread a second time. ad and carried
CARRIED. Nk: _ •.• `�� 'eeve / /�
MOVED BY MISECONDED B e / , . .... DATES/ V
Thk iat by-la 9G�- c7 b- re d a third time. eading dispensed with,
finally passed. ( Q
•
THE CORPORATION OF
THE VILLAGE OF PORT BURWELL
• �%
By-law No. G —/if
Being a by-law to appoint a by-law enforcement
officer in ^barge of canine control.
WHEREAS an agreement is proposed between the Village of Port Burwell and Mr.
Don Whitney, for the catching, impounding and disposal of dogs and a schedule of
fees therefor;
'3J THEREFORE, THE COUNCIL OF THE CORPORATION OF THE VILLAGE OF PORT BURWELL
ENACTS AS FOLLOWS:
1) That Mr. Don Whitney is hereby appointed as by-law enforcement in charge
of canine control for the Village of Port Burwell.
2) Mr. Don Whitney's premises is hereby designated as the pound for the
purposes of impounding such animals from time to time, and Mr. Don Whitney
shall see that all dogs impounded are properly watered and fed and the
poundkeeper shall provide suitable enclosed quarters for all dogs delivered
• to him.
3) That Mr. Don Whitney shall be paid such payments for services provided as
outlined by the agreement attached here to as schedule "A" to this by-law.
4) That Mr. Don Whitney shall operate in accordance with instructions as outlined
by the attached schedule "B" to this by-law.
5) That Mr. Don Whitney shall impound all dogs running at large, subject to
the right of the owner, possessor or harbourer, to redeem the same within
96 hours from the time of capture by paying for the use of his pound
facilities. All dogs impounded under this by-law, if not redeemed within
96 hours after such impounding, may be destroyed in a humane manner or
sold at the discretion of Mr. Don Whitney.
6) That the by-law enforcement officer in charge of canine control shall
have dog tags available to sell to owners of untagged dogs.
7) That no citizen, regardless of proof of ownership, shall have any claim
on Mr. Don Whitney, if any animal is destroyed or otherwise disposed of
by him, due to sickness, viciousness or other causes.
1110 8) That any other by-law which contravenes this by-law is hereby
repealed.
/�
MOVED B ��:_ "�' / .ECONDED BY 4� fti ;AA-- DATE I '1 , ) /h
That by . a 1 , . � e read a first time. Read and Carrie.
CARRIED ". \\* Reeve �/
MOVED BY 040 ' A1."^'� % lSECONDED B] ��y� AAFE ik/1 VV ./
That by . awread a second time. Read !.. ' d carried •
CARRIED + .Reeve
MOVED B .i / �. _ SECONDED BY � .'/y DATE 7 741 /7
That by-law C-tt be read a third time. Reading .'. spensed with,
finally passed.
•
eQtot
{
, �j
r SCHEDULE "A" TO BY-LAW NO. _ /. / -`�
This agreement made in duplicate this 23tday of rcb _ 1990.
�
E T W E E N
THE CORPORATION OF THE VILLAGE OF PORT BURWELL.
(hereinafter called the "Corporation")
PARTY OF THE FIRST PART.
A N D
MR. DON WHITNEY.
(hereinafter called Mr. Don Whitney).
PARTY OF THE SECOND PART.
WHEREAS the Corporation has proposed a by-law naming Mr. Don Whitney as By-law
Enforcemenr Officer in charge of Canine Control for the Village of
Port Burwell, and naming his premises as the pound for the purpose
of impounding such animals as required from time to time:
AND WHEREAS it is expedient that as and from the date of this Agreement, the
• Corporation requires such services.
NOW THEREFORE, IN CONSIDERATION OF THE PREMISES, MR. DON WHITNEY CONVENANTS
AND AGREES TO AND WITH THE CORPORATION AS FOLLOWS:
1. That Mr. Lon Whitney shall provided animal control service to the Corporation
with the time and duration of individual patrols left to the descretion of
Mr. Don Whitney.
2. That the Corporation pay Mr. Don 1Jhitney for this service a monthly fee of one
hued ed & 9ixty-.dollarc vill be paid, and an additional twenty seven ($27)
doilais per dog which tfNst beclstroy i which includes cost of veterinary
or other qualified service. This fee will be paid upon receipt of service
performed by qualified person or organization.
3. The Corporation agrees to pay for the services rendered on a monthly
basis.
4. That either party of this agreement may request amendment or termination of
this agreement, by giving thirty days notice, in writing, to the other party
of this agreement.
illThat Mrs. Whitney be named as assistant by-law enforcement officer in charge.
6. That Mr. Don Whitney be named as the Dog Tax Collection Officer. He shall
receive $2.00 for each dog tag sold.
7. That this cru t to commence as of .arch 27, 19`!
1 -)`•"‘‘`I' ' 4
‘' '
Reeve, • '.y Alli J. -s G. Timlin, Clerk
SCHEDULE "B" TO BY-LAW NO.%q l,
INSTRUCTIONS TO ANIMAL CONTROL OFFICER
1. Where a dog is found to be running at large, the By-law Enforcement Officer
'
in charge of Canine Control shall attempt to examine the dog for the
purposes of determining whether or not it is licenced and whether there
is a tag around its neck. If it is safe to do so, he should examine the tag
and record the registration in his notebook.
2. If the dog is not tagged, or alternatively, if it is not safe to examine the
tag of a licenced dog, then the By-law Enforcement Officer in charge of Canine
Control should impound the dog. The By-law Enforcement Officer in charge
of Canine Control should then make inquiries as to who is the owner of the
dog and if a person does admits ownership, then this admission should be
recorded in his notebook. If no one admits ownership, then the By-law
Enforcement Officer in charge of Canine Control must take steps to take
possession of the dog and to take the dog to the pound.
3. If the registration number is ascertained, then the owner should be
interviewed and his or her admission of ownership obtained, and recorded in
the officer's notebook. If the owner of the dog admits ownership, then
the By-law Enforcement Officer in charge of Canine Control should then attend
before the appropriate court official and lay a charge and collect all. fines.
4. That Mr. Don Whitney is to retain all fines and boarding fees. The boarding
• fees are to be no more than $5.50 per day. The first day being 12 hours.
5. The Village is to supply Mr. Whitney with a suitable box type bait trap, at
the Village's expense.
6. After a report of dogs running at large, Mr. Don Whitney is to take the
trap to private property, have a it i le entry agreement signed with the
land owner and to set the trap for two nights.
7. The trap is to be frequently checked.
8. The captured dog and subsequent action, is as described in Part 1, 2, 3, and
4 above.
9. The dog tax is to be collected by house to house canvas or other such means
before June 1 of each year, and every tag is to be entered in a suitable register.
10. The By-law Enforcement Officer for Canine Control is to turn all dog tax
money in to the Treasurer. The Treasurer will then issue a current cheque to
cover the $2.00 each commission on dog tags.
4110. The Village of Port Burwell hereby instructs Mr. Don Whitney that he is not
to contravene any statues or law in the performance of his duties as
described above.
12. All books, tags, traps, and other such items supplied by the Village are
to remain in the sole ownership of the Village and are to be available to
be returned on demand, and are to be kept in good order and repair.
13. All unused dog tags are to be returned by NAd'•-r 15. '
Reeve, C••. Allin , James G. Timlin
THE CORPORATION OF THE VILLAGE OF PORT BURWELL
BY-LAW NO. 90-12
A by-law amending by-law 90-04
r
A by-law authorizing the Corporation
of the Village of Port Burwell ( the
Municipality" ) to enter into 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
modify a service agreement ( the "Previous
Agreement ) with respect to the provincially-
• owned water works ( the "Lake Erie
Secondary Water Supply System number two" ) .
Whereas under Section 7 ( 2 ) and Section 8 of the Ontario Water
Resource 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
0 predecessor of the Crown , and the Municipality on the 16th day of
September 1969, to supply water to the Municipality from Lake
Erie Secondary Water Supply System Number two at the expense of
the Crown ;
And whereas the net capital cost of the Lake Erie Secondary Water
Supply System Number two in the amount of approximately $283 ,838
appearing on the records of the Crown will be reduced to zero by
applying a portion of the project ;s surplus balance against the
principal outstanding appearing on the records of the Crown ;
And whereas the Municipality wishes the Crown to continue to own
Laid operate the Lake Erie Secondary Water Supply System Number
two;
And whereas the provisions of the Previous Agreement will remain
in force.
Now therefore the Council of the Corporation of the Village of
Port Burwell enacts as follows ;
1 ) 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.
2 ) The cost for operating the Lake Erie Secondary Water
supply system number two is raised by a water service
rate imposed by by-law 90-07 .
3 ) This by-law shall come into force and take effect
. re - iving the approval of the Ontario Municipal Board.
MOVED B /1 / SECONDED BY (;-)..� DATE4ide`j
37/ gi
That by-law • < - 2 .e read a first time. Re and carried `/�
MOVED BY OWc.,...-_,c24‘,--SECONDED 'BY �1� <- -�ATfi ,�i.That by-law 9read a second time. Remd and carried.
MOVED BY - SECONDED BY % /, If DATE I,i ay l q
That by-la • o-12 •e read a third time. Re: • i g . ispensed wi 'h ,
finally pass-: Th /
4412:iefam
Reeve , Ci y AilinN erk , James G. Tialin
•
N
• THE CORPORATION OF THE VILLAGE OF PORT BURWELL
BY-LAW NO. 90-13
Being a by-law to appoint
a Weed Inspector
WHEREAS the weed control act , 1988, chapter 51 , R.S .O. 1980 as
amended to O.Reg 531/88 authorizes the appointment of a Municipal
Weed Inspector .
THEREFORE the Council of the Corporation of the Village of Port
Burwell , enacts as follows ;
THAT Charles Stafford is appointed Weed Inspector for the Village
of Port Burwell to carry out the duties as required by the said
act .
THAT this by-law shall remain in effect from year to year unless
repealed or otherwise amended by Council .
THAT any by-law not consistent with the provisions of this by-law
4,111 be and is hereby repealed.
MOVED BY - SECONDED BY tZZ2 . &,4.---- DATE/ . 99
That by-la 1 . - read a first time. Read and carried., , . •Q 2ecoQ
MOVED B /,,.�. 0,,, �_ SECONDED B % Or. I TE ✓ 041
That by-law ;,: -13 .e read a second time. R. and carried ` . • ��\� (e
7
MOVED BY �,..7/,,,z)
That by-law _ SECONDED B �„ _ �, , �/�.� DATE �`�
90 13 be read a third time . R(ding dispensed with, .
finally passed.
4; i IL"--,-.
\NA\lk
,\ 411111
O
I
THE CORPORATION OF THE VILLAGE OF PORT BURWELL '
r BY-LAW 90-14
Being a by-law to appoint
Enforcement Officers
WHEREAS the Municipal act , revised statues of Ontario 1980
chapter 302 , authorizes the enforcement of by-laws , the Council
of the Corporation of the Village of Port Burwell appoints the
following individuals as By-law Enforcement Officers to carry out
the duties as required by the said act for parking violations .
1 ) Henry Valks
2 ) David Orton
3 ) Ed Brandt
4 ) Frank Reiser
5 ) Tony Difazio
THAT this by- aw shall remain in effect fo the a • 1 • ' 0 .
MOVED BSECONDED BY 44G / DATE /1 010V
That by-l��a - 14 be read a first time . Read an. c. rrie• `- 1. �;
c - Q
MOVED BY - 7 - SECONDED B `f C
That by-law -14 be read a second tim6.r-die d and Carrie. .41���c ,
;, lG1
MOVED Ad, SECONDED BY - �✓t� —
- $ATE
That by-law 91-14 be read a third time . Reading dispensed with ,
finally pa.sed.
(e_C.JQ . cgz
f
The Municipal Act, RSO 1980
Section 158
THE CORPORATION OF THE VILLAGE OF PORT BURWELL
IN THE COUNTY OF ELGIN
By-Law 90- I S
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 1990 .
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 1990 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 1989, and
upon which the taxes for the year 1990 are to be levied, will be
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
assessment roll , is as follows :
Residential and Farm $728 ,308
Commercial and Industrial $146 ,372
Business $ 55.110
Total $929,790
AND WHEREAS for taxation purposes the said assessment
is allocated as follows:
Residential Commercial/
and Farm Industrial/ Total
Business
Secondary Public School $696095 $ 196459 $ 892554
Support
Elementary Public School $696095 $ 196459 $ 892554
Support
Elementary Separate School $ 32213 $ 5023 $ 37236
Support
Separate Secondary School $ 32213 $ 5023 $ 37236
Support
AND WHEREAS The Ontario Unconditional Grants Act, 1975,
provides for a fifteen percent ( 15%) differential between
residential/farm assessment and commercial/industrial/business
111 assessment for the purposes of 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
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 1990 be and they are hereby
adopted and attached as schedule "A" ;
2 . The sums to be raised by means of taxation for the year
1990 be as follows, subject to the adjustments are by
law required to be made:
(a) For general municipal purposes, a sum of . . $
such amount to be reduced by a sum of $ 142,400
representing the municipality's share of
the 1990 resource equalization grant pay-
ment under The Ontario Unconditional Grants M.T.O . -
Act, 1975; and further reduced by a sum of . . $ 3,181
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 $ 10,800
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 $108,144
which includes $1,689 for Long Point Conservation
Authority
(b) For County purposes, a sum of $46,928 . 51
as requisitioned by the County of Elgin, such amount
to be reduced by the sum of $ 1213
representing the County' s share of that portion of
telephone and telegraph gross receipts payable under
section 161 of The Municipal Act; and further reduced
by the sum of $ ( 705)
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 $ 0
representing any overlevy (underlevy) in respect of the
of the 1989 County requisition; for a net levy for
County purposes of $46,420 . 51
• (c) For Public School (elementary) purposes,a sum of$77348
such amount being reduced by a sum of $ 2065
representing the amount of that portion of telephone
ill 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 pub;lic school levies; and
finally reduced ( increased) by a sum of $ 78
representing any overlevy (underlevy) in respect of the
1989 Board of Education levy for public school purpose
for a net levy for public school (elementary) purposes
of $75,205
(d) For secondary school purposes, a sum of $69,782
such amount being reduced by a sum of $ 1,998
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 $ 132
representing any overlevy (underlevy) in respect of the
1989 Board of Education levy for secondary school
purposes; for a net for secondary school purposes of
$67,652
(e) For elementary separate school purposes, a sum of
• • $3,505.00
such amount being reduced( increased) by a sum of$ 0
any overlevy (underlevy) in respect of the 1989 levy
for Roman Catholic separate school purposes; for a net
levy for separate school purposes $3,505. 00
(fl For secondary separate school purposes,a sum of $2,373
such amount being reduced ( increased) by a sum of $ 0
any overlay (underlay) in respect of the 1989 levy
for Roman Catholic separate school purposes; for a net
levy for separate school purposes of $2373.00
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
1989:
Residential Commercial/
and Farm Industrial &
Mills Business Mills
General municipal purposes. . 110.277 129. 737
L.P.C.A. 1. 749 2 .058
County purposes 48.087 56 . 573
Public school purposes 154. 07 181 . 259
• Separate school purposes154.188 181. 398
TOTAL PUBLIC SCHOOL RATE314.183 369. 627
TOTAL SEPARATE SCHOOL RATE314. 301 369 .766
110
Yielding a consolidated public school rate for
residential and farm assessment of 277 . 84 mills and for
commercial, industrial and business assessment of 326 . 88
mills; and yielding a consolidated separate school rate
for residential and farm assessment of 275. 39 mills
and for commercial, industrial and business assessment
of 323 . 40 mills.
4 . In addition to the rates and taxes authorized to be
levied pursuant to clause 2 of this by-law, all other
municipal local or direct taxes, rates and charges, the
collection of which is the responsibility 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 of 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, 1990, but may be paid in installments on the 31
day of May, 1990, the 16 day of July, 1990, the 17 day
• of Sept. , 1990 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 interest, 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 die to such employee the amount then
payable for taxes under this by-law and such payment
shall relieve the employer from any liability 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. 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.
Read a first and second time this 12 day of June, 1990 .
Mead a Ghif' -idle and finally passed this 12 day of
• June, 1990 dm-
i
C i nd A 1, n, REEVE
III ,did�� _k _
James G. Timlin, CLERK
III
•
• 1990 BUDGET
REVENUE 90 BUDGET
Taxation Current 100 . 8
Current Penalties 1 .0
Arrears/Interest 8 . 0
From Working Reserves 26 . 4
Taxation current reflects a 7% increase in taxes after local
improvements have been deleted $35. 5 .
Licenses 4 . 2
Building Permits 8 . 5
Plumbing Permits 2 . 0
To date the Village has received 85. 4 for a building permit and
$1 .0 for a plumbing permit for the Port Burwell Family
Residences. The outlook for new construction in the Village in
1990 is positive with Tree Tops going ahead.
Unconditional Grants 103 . 9
Road Grant 38 . 5
Recreation Grant 6 .0
Citizenship & Culture 0. 7
• The unconditional grants represent a 5. 1% increase .
Harbour Dockage 22.0
Small Craft Harbour 25.0
Boat Ramp 15.0
Dredge Sale 31 .0
imall Craft Harbour funds have been approved.
Rent Library 3 .9
Rent PUC 1 . 2
Rent Trailer Park 13 . 8
Rent East Beach 1.1
The Trailer Park rent reflects the 1990 increase .
Bank interest 6 .0
Miscellaneous Revenue 8 . 2
L.P.C.A. Breakwall ---
O.H.R.P. Administration 1 . 5
Better cash flow management in 1990 will result in achieving the
$6 .0 in interest. In miscellaneous revenue there were a couple
of items ie. Village of Vienna for water pipe study, that will
411 not be repeated in 1990 . Anticipating two OHRP loans .
•
90 BUDGET
Milton Towers Mgt. 6 . 7
Telephone poles 8.7
County Rebate 3 . 1
Grant-in-lieu Ontario 6 . 7
Grant-in-lieu LCBO 3 . 1
Grant-in-lieu PUC 1. 0
Planning 6 Zoning 4 . 0
Legal 2 .0
Tax Sales 1. 0
The $6 . 7 for Milton Towers includes Management fees $4 . 7
Maintenance $1. 2, aad $0 . 9 for Office costs. The $5.0 in 1989
for planning and zoning was received from Golden Triangle for the
condominium project. The 1990 planning, zoning and legal will be
expenses recovered from Tree Tops and Port Burwell Family
Residences. Tax Sales represents the costs of selling the
properties and this cost is recovered in the Sale of property.
Water/Sewer
Water revenue 59.1
Sewage Revenue 79 . 9
• The water revenue includes $16 . 2 for the Elgin Area Water
Systems; $8 . 2 for the Secondary water system operating costs;
$7. 0 for Clerical cost to process bills; $5.4 for hardware and
software; $0 .6 for a additional printer to print the bills, $12 .0
for meters and repairs; $5.0 for a reserve fund to repair the
distribution system in the Village when repairs are needed in the
future. It should be noted that the water revenue for cubic
meters has been reduced from $1 . 21 to $0 . 88
Sewage revenue reflects the cost that MOE invoices the Village.
TOTAL REVENUE - 604 .0
EXPENSES 90 BUDGET
• Clerk Salary 31. 3
F. Benefits 1.7
110 F. Benefits 1 . 1
OH1P r 0.6
Clerk Travel 1 . 0
Receiver General 00.0
WCB 2 . 5
The receiver general account was misused in 1989 in that it
contained the income tax deductions for the staff . For example
the salary for the Clerk was budgeted for $32 . 0 The Clerical
salary reflects pay equity adjustments and 12 weeks pay for a
bookkeeper to clean up the OHRP accounts. The Clerk travel was
reduced in order to help fund the software purchase. 1989 OHIP
reflects costs for Office and Maintenance Staff . $7 .0 of
Clerical staff salary is being recovered in revenue from water .
Promotion 2 . 5
Computer software 8 .8
Stationary/Office 7 . 0
Tax forms 0 . 3
Tax Sales 1 . 0
Administration Services 7 .0
Misc/Toilets 3.0
Postage/Courier 1 . 5
Office furniture 0. 5
• Promotion covers the cost of Village pins 0 . 8, SWOTA (Tourist
Association) and ads in magazines, newspaper. Ads in the London
Free Press saying Tired of Grand Bend, Try Port Burwell Beaches
"Its brighter in Port Burwell" Computer software will cost $8. 2 ,
2 .8 is in water for a total cost of $11 .0 the additional $0.6 is
for a tape back up of the records. Stationary/Office covers
hydro, photocopier lease and supplies, cleaning, Municipal World
magazine, telephones, letter head, office supplies tax sales the
$1 .0 is required to sell to properties .
Administrative Services covers the purchase of the Fax machine,
Otter publishing, the lease and taxes for 345990 Ontario Limited
(harbour land) $4 .0, petty cash, ads in newspaper for tenders and
publishing the 1989 actual expenditures .
Miscellaneous and toilets covers 1 .6 for portable washrooms
donations, flowers and items Council decides on during the year.
Postage and courier was reduced because the ad for the Clerk
position was billed incorrectly to this line item.
Office furniture covers the purchase of blinds for the office and
a typing chair.
OHRP 90 BUDGET
OHRP backpay 2 .0
Expenditures reflect the funds owed the OHRP account and a
negotiated two year pay backs due to pass errors .
• PROTECTION
Plumbing 0 . 6
Animal Control 2 . 1
By-law Enforcement 0 .6
Building Inspector 5.0
Other 1 . 2
Erosion Control 0 . 0
Insurance 14 .0
Building, Plumbing, By-law reflect the costs of using Bayham
Townships employee.
HARBOUR
Wharfinger 3 . 6
Dredging 50 . 0
Small Craft 8 . 3
Wharfinger reflects the actual percentage of dockage fees he
receives as pay.
Small Craft was not paid in 1989 . The 1989 bill was paid in
1990 . The 1990 bill will be paid in 1991 .
BUILDING EXPENSE
O.P.P. 0 . 2
Library 2 . 5
• PUC 0 .1
Trailer Park 0. 5
East Beach 1 .0
The increase Library expenditures reflects the cost of paint to
paint the outside of the building.
VILLAGE
Garbage disposal 23.0
Parks, Ball Diamond etc. 2 . 5
Rec. Board 6 .0
Lighthouse 0 . 0
Performing Arts 0.0
Youth 2 . 5
Museum 1 . 8
Parks, Ball diamond etc. reflects the additional costs for
flowers etc. for the harbour land fill if we get the grants for
students .
The 1989 grant $6. 0 was not forwarded to the Recreation Board.
The 1990 grant is $6 . 0
* a,5 '570— has been included in the budget to establish programs for
,J4? the youth of the Village.
Museum expenditures cover utilities for a 12 month period. It
should be noted $8 .0 has been identified in the reserve fund to
cover the cost of Students if a SEED grant is not approved.
•
• 90 BUDGET
ROADS
Salaries ( 2 ) 41. 3
F. Benefits 2 . 3
Equipment repair 3 .0
Material shop 1 . 5
Truck Lease 4 . 8
Roads material 40 .0
Drains 5.0
Sidewalks 10 . 0
Chipper rental 1. 0
Reserve fund tractor 3 . 0
Weed eater 0. 5
Salaries reflect the addition of a permanent employee to bring
the maintenance staff to a total of two.
Equipment repair reflects the cost of maintaining the tractor .
Material shop last year included the truck lease which this year
has been separated.
Roads material reflects the maintenance of roads and $25.6 for
paving roads.
The $5.0 is for improving or installing new storm sewers .
Sidewalks expenditures supports Council priority to improve
sidewalks in the Village.
Chipper rental is required since open fire burning is prohibited.
• The reserve find tractor to place money in a account to
eventually replace the tractor .
Street Light mtc. 3 . 6
Street Lights New 5. 0
Xmas Lights 1 . 2
TLe maintenance reflects the cost of maintaining the street
lights .
Street lights new is increased to meet the requests from
residents for lights .
Xmas lights cost the Village $1.7 in 1989 which was included in
maintenance. This should be separate. The cost in 1990 is
estimated at $1. 2 since additional work was required in 1989 and
the cost of having someone else to put them up since the PUC is
using Ontario Hydro.
Contingency 13. 5
Land Purchase 19 . 5
This should be established to cover unexpected expenses and to
have funds in the bank to operate the village during the winter
months in 1991 to avoid borrowing as much from the bank until
taxes are collected.
The land purchase is for purchasing the land next to the Village
Office for future expansion with the view that the Village will
• not be restricted.
$8 .0 has been identified in the reserve fund for summer Students
• for the Museum and Lighthouse if they do not receive a SEED
grant.
90 BUDGET
Fire Department
Wages 11.0
Material 5. 8
Truck repairs 8 . 8
Heating 1 . 9
Capital Expenditures ----
Training 2 . 9
Capital reserve fund 3 .0
This year the budget will be turned over to the Fire Department
to manage this year. Once approved by Council it will be up to
the Fire Department to control the expenditures. Monthly
variance reports will be presented to Council . Wages have been
kept at $11.0 to reflect the reduced fire calls for the first
quarter of 1990. Note, that in material 1989 actual includes
training costs.
PROFESSIONAL SERVICES
Outer Harbour 35.0
Planning & Zoning 4 . 0
• Legal
Auditor 6 .010 .6
Outer Harbour project covers the cost of the consultant,
appraised of the Village land and Village expenses related to the
project planning and zoning covers costs to implement the
Official Plan and zoning. It reflects also the costs to amend
the zoning ie Port Burwell Family Residents.
Legal is higher do to zoning, review of by-laws and implementing
them.
Auditor is reduced to reflect the improvements as the result of
the software.
COUNCIL
Council salaries 14 .0
Council travel 2 .0
Council salaries reflect the lack of Special meetings to date
Council travel reflects a reduction in conferences.
WATER/SEWER
MOE Water charge 24. 4
MOE Sewer charge 79 . 9
London PUC billing 0. 5
Bill mailings 1 . 2
• Forms 5.4
Meters/repairs 9 .0
The water charge reflects a reduction in the water rate that is
charged by MOE from $1 . 21 to $0 . 88 .
The sewage charge is the amount to cover expenditures that is
charged by MOE.
The London PUC is the charge for processing the water bills until
the Village is operating their own software, bill mailing and
forms are the estimated cost to process and mail our own bills.
The additional printer is required to print the water bills. A
computer is required to be networked to the Villages so that with
it is processing water transaction other work can be carried on.
Temporary Help 5. 0
It is strongly recommended that a Student be hired to assist in
the Office. This would free up the Administrator/Clerk/Treasurer
to work on the Outer Harbour project. Such things as
investigating funding options ie . tax holidays, debentures,
selling of 66% of the slips and to meet with developers to
attract them to the Village. If this harbour project is to
happen a large number of hours has to be put in. The day of just
writing Ottawa and demanding a outer harbour marina are no more.
The economic and financial impact of this project must be
developed and alternative sources and methods of funding must be
• investigate.
In addition work must be done on Bill 20 Development charges,
Freedom of Information and Privacy Act, and putting our by-laws
under the Provincial Offences Act.
TOTAL EXPENSES -
604 . 0
•
1990 BUDGET
REVENUE 90 BUDGET
Taxation Current 100.8
Current Penalties — 1 .0
Arrears/Interest 8 .0
From Working Reserves 26 . 4
Taxation current reflects a 7% increase in taxes after local
improvements have been deleted $35. 5.
Licenses 4 . 2
Building Permits 8 . 5
Plumbing Permits 2 . 0
To date the Village has received $5. 4 for a building permit and
$1.0 for a plumbing permit for the Port Burwell Family
Residences. The outlook for new construction in the Village in
1990 is positive with Tree Tops going ahead.
Unconditional Grants 103 . 9
Road Grant 38. 5
• Recreation Grant 6 .0
Citizenship & Culture 0 . 7
The unconditional grants represent a 5. 1% increase .
Harbour Dockage 22 . 0
Small Craft Harbour 25.0
Boat Ramp 15. 0
r)redge Sale 31 . 0
Small Craft Harbour funds have been approved.
Rent Library 3 . 9
Rent PUC 1 . 2
Rent Trailer Park 13 . 8
Rent East Beach 1 . 1
The Trailer Park rent reflects the 1990 increase .
Bank interest 6 .0
Miscellaneous Revenue 8 .2
L.P.C.A. Breakwall "-
O.H.R.P. Administration 1. 5
Better cash flow management in 1990 will result in achieving the
111
$6 .0 in interest. In miscellaneous revenue there were a couple
of items ie. Village of Vienna for water pipe study, that will
not be repeated in 1990 . Anticipating two OHRP loans .
Milton Towers Mgt . 6 . 7
Telephone poles 8 . 7
County Rebate 3 . 1
Grant-in-lieu Ontario 6. 7
Grant-in-lieu LCBO 3 . 1
1. 0
Grant-in-lieu PUC
Planning & Zoning 4 .0
Legal 90 BUDGET
2 .0
Tax Sales 1 .0
The $6 . 7 for Milton Towers includes Management fees $4 . 7
Maintenance $1 . 2, and $0 . 9 for Office costs . The $5. 0 in 1989
for planning and zoning was received from Golden Triangle for the
condominium project. The 1990 planning, zoning and legal will be
expenses recovered from Tree Tops and Port Burwell Family
Residences . Tax Sales represents the costs of selling the
properties and this cost is recovered in the Sale of property.
Water/Sewer
11111
Water revenue 59 . 1
• Sewage Revenue 79 . 9
The water revenue includes $16 . 2 for the Elgin Area Water
Systems; $8 . 2 for the Secondary water system operating costs;
$7 . 0 for Clerical cost to process bills; $5. 4 for hardware and
software; $0 .6 for a additional printer to print the bills, $12 . 0
for meters and repairs; $5. 0 for a reserve fund to repair the
distribution system in the Village when repairs are needed in the
future. It should be noted that the water revenue for cubic
meters has been reduced from $1 . 21 to $0 . 88
Sewage revenue reflects the cost that MOE invoices the Village .
TOTAL REVENUE - 604 .0
411 EXPENSES 90 BUDGET
31 . 3
Clerk Salary
F. Benefits 1 .7
S
F. Benefits 1 . 1
OHIP 0. 6
Clerk Travel 1 .0
Receiver General 00.0
WCB 2 . 5
The receiver general account was misused in 1989 in that it
contained the income tax deductions for the staff . For example
the salary for the Clerk was budgeted for $32 .0 The Clerical
salary reflects pay equity adjustments and 12 weeks pay for a
bookkeeper to clean up the OHRP accounts . The Clerk travel was
reduced in order to help fund the software purchase. 1989 OHIP
reflects costs for Office and Maintenance Staff . $7 . 0 of
Clerical staff salary is being recovered in revenue from water.
Promotion 2. 5
Computer software 8 . 8
Stationary/Office 7 .0
Tax forms 0 . 3
Tax Sales 1 .0
Administration Services 7 . 0
Misc/Toilets 3 .0
Postage/Courier 1 . 5
• Office furniture 0 . 5
Promotion covers the cost of Village pins 0 . 8 , SWOTA (Tourist
Association ) and ads in magazines, newspaper . Ads in the London
Free Press saying Tired of Grand Bend, Try Port Burwell Beaches
"Its brighter in Port Burwell" Computer software will cost $8 . 2 ,
2 . 8 is in water for a total cost of $11 .0 the additional $0 . 6 is
for a tape back up of the recordst'_,aaationary/Officelcovers
h dY.-- . photocopier lease and supplies, cleaning, Munic1a1 World
magazine, t ones letter head, office supplies tax sales the
$1 . 0 is required to sell to properties .
Administrative Services covers the purchase of the Fax machine,
Otter publishing, the lease and taxes for 345990 Ontario Limited
(harbour land) $4 .0, petty cash, ads in newspaper for tenders and
publishing the 1989 actual expenditures.
Miscellaneous and toilets covers 1 .6 for portable washrooms
donations, flowers and items Council decides on during the year .
Postage and courier was reduced because the ad for the Clerk
position was billed incorrectly to this line item.
Office furniture covers the purchase of blinds for the office and
a typing chair.
OHRP 90 BUDGET
• OHRP backpay 2 .0
Expenditures reflect the funds owed the OHRP account and a
negotiated two year pay backs due to pass errors .
•
PROTECTION
Plumbing 0 .6
Animal Control 2 . 1
By-law Enforcement 0.6
Building Inspector 5.0
Other 1 . 2
Erosion Control 0 .0
Insurance 14 .0
Building; Plumbing, By-law reflect the costs of using Sayham
Townships employee.
HARBOUR
Wharfinger 3 . 6
Dredging 50 .0
Small Craft 8 . 3
Wharfinger reflects the actual percentage of dockage fees he
receives as pay.
Small Craft was not paid in 1989 . The 1989 bill was paid in
1990. The 1990 bill will be paid in 1991 .
BUILDING EXPENSE
• O.P.P. 0 . 2
Library 2 . 5
PUC 0 .1
Trailer Park 0 . 5
East Beach 1 . 0
The increase Library expenditures reflects the cost of paint to
paint the outside of the building.
VILLAGE
Garbage disposal 23 . 0
Parks, Ball Diamond etc. 2 . 5
Rec. Board 6 . 0
Lighthouse 0 . 0
Performing Arts 0 . 0
Youth 2 . 5
Museum 1 . 8
Parks, Ball diamond etc. reflects the additional costs for
flowers etc. for the harbour land fill if we get the grants for
students .
The 1989 grant $6 . 0 was not forwarded to the Recreation Board.
The 1990 grant is $6 . 0
*a,, $57C has been included in the budget to establish programs for
the youth of the Village.
✓✓✓ Museum expenditures cover utilities for a 12 month period. It
. should be noted 88 . 0 has been identified in the reserve fund to
cover the cost of Students if a SEED grant is not approved.
•
90 BUDGET
ROADS
Salaries ( 2 ) 41. 3
F. Benefits 2 . 3
Equipment repair 3.0
Material shop 1. 5
Truck Lease 4. 8
Roads material 40.0
Drains 5. 0
Sidewalks 10 . 0
Chipper rental 1 . 0
Reserve fund tractor 3 . 0
Weed eater 0. 5
Salaries reflect the addition of a permanent employee to bring
the maintenance staff to a total of two .
Equipment repair reflects the cost of maintaining the tractor .
Material shop last year included the truck lease which this year
has been separated.
Roads material reflects the maintenance of roads and $25. 6 for
paving roads .
The $5.0 is for improving or installing new storm sewers.
Sidewalks expenditures supports Council priority to improve
. sidewalks in the Village.
Chipper rental is required since open fire burning is prohibited.
The reserve find tractor to place money in a account to
eventually replace the tractor .
Street Light mtc. 3 .6
Street Lights New 5.0
Xmas Lights 1 . 2
:The maintenance reflects the cost of maintaining the street
lights.
Street lights new is increased to meet the requests from
residents for lights .
Xmas lights cost the Village $1. 7 in 1989 which was included in
maintenance. This should be separate. The cost in 1990 is
estimated at $1. 2 since additional work was required in 1989 and
the cost of having someone else to put them up since the PUC is
using Ontario Hydro.
Contingency 13. 5
Land Purchase 19. 5
This should be established to cover unexpected expenses and to
have funds in the bank to operate the Village during the winter
months in 1991 to avoid borrowing as much from the bank until
taxes are collected.
• The land purchase is for purchasing the land next to the Village
Office for future expansion with the view that the Village will
not be restricted.
$8 . 0 has been identified in the reserve fund for summer Students
for the Museum and Lighthouse if they do not receive a SEED
grant.
90 BUDGET
Fire Department
Wages 11 .0
Material 5. 8
Truck repairs 8 . 8
Heating 1 . 9
Capital Expenditures ----
Training 2 . 9
Capital reserve fund 3 . 0
This year the budget will be turned over to the Fire Department
to manage this year . Once approved by Council it will be up to
the Fire Department to control the expenditures. Monthly
variance reports will be presented to Council . Wages have been
kept at $11.0 to reflect the reduced fire calls for the first
quarter of 1990. Note, that in material 1989 actual includes
training costs .
PROFESSIONAL SERVICES
• Outer Harbour 35. 0
Planning & Zoning 4 . 0
Legal 6 . 0
Auditor 10 . 6
Outer Harbour project covers the cost of the consultant,
appraised of the Village land and Village expenses related to the
project planning and zoning covers costs to implement the
Official Plan and zoning. It reflects also the costs to amend
the zoning ie Port Burwell Family Residents.
Lejal is higher do to zoning, review of by-laws and implementing
them.
Auditor is reduced to reflect the improvements as the result of
the software .
COUNCIL
Council salaries 14 .0
Council travel 2 .0
Council salaries reflect the lack of Special meetings to date
Council travel reflects a reduction in conferences .
WATER/SEWER
MOE Water charge 24 . 4
MOE Sewer charge 79 . 9
410 London PUC billing 0 . 5
Bill mailings 1 . 2
Forms 5. 4
Meters/repairs 9 .0
The water charge reflects a reduction in the water rate that is
charged by MOE from $1. 21 to $0. 88 .
The sewage charge is the amount to cover expenditures that is
charged by MOE.
The London PUC is the charge for processing the water bills until
the Village is operating their own software, bill mailing and
forms are the estimated cost to process and mail our own bills.
The additional printer is required to print the water bills. A
computer is required to be networked to the Villages so that with
it is processing water transaction other work can be carried on.
Temporary Help 5.0
It is strongly recommended that a Student be hired to assist in
the Office. This would free up the Administrator/Clerk/Treasurer
to work on the Outer Harbour project. Such things as
investigating funding options ie. tax holidays, debentures,
selling of 66% of the slips and to meet with developers to
attract them to the Village . If this harbour project is to
happen a large number of hours has to be put in. The day of just
writing Ottawa and demanding a outer harbour marina are no more.
The economic and financial impact of this project must be
developed and alternative sources and methods of funding must be
investigate.
In addition work must be done on Bill 20 Development charges,
Freedom of Information and Privacy Act, and putting our by-laws
under the Provincial Offences Act.
TOTAL EXPENSES -
604 .0
S
THE MUNICIPALITY OF VILLAGE OF PORT BURWELL
ill .
• - . .
Meetin i(-
Moved By
That leave be granted to introduce By-law to
Seconded By a66.-.- SAJZ.--1..L . t,e-fit,e,-,,‘,./st‘"
-0(t./t7g- PL ;f-J\-1 -?.ti- zys-e/t,& I
1/414 --e-ez/-1-2-1 --e‹-effeA-<-r-v--P1 _f,t.ef - z_eAe-e.d-el 711&(-17LA-4
• and that By law presented herewith be read a first time. \.
\
• By-law read a Y.-------1-4-- time \
. 40i#
Moved By ....._.. . .. -__./ifier-d----- ____
That By-law now read a first time be read a
.2e second time forthwith.
Seconded B
By-law read a ____,S..: 2 ---tbne
Md By
That By-law now read a second time be read
a third time forthwith.
Seconded By 4,:r: 72.____ elz /........ . ..).2a„Li
By-law a
• -----
z....
Moved By. )24a,4 1
That By-law now read a third time do pass,
... _ _4.___ ........_ , be engrossed by the Clerk, and signed and
Seconded By 216' sealed by the Reeve.
•
1111
THE CORPORATION OF THE VILLAGE OF PORT BURWELL
• BY-LAW 90-16
Being a by-law to appoint
Enforcement Officers
WHEREAS the Municipal act, revised statues of Ontario 1980
chapter 302, authorizes the enforcement of by-laws, the Council
of the Co poration of the Village of Port Burwell appoints the
following individuals as By-law Enforcement Officers to carry out
the duties as required by the said act for parking violations.
1 ) Henry Valks
2 ) David Orton
3 ) Ed Brandt
4 ) Frank Reiser
5) Tony Difazio
6 ) Jerry Donck
THAT this by-law shall remain in effect for the year 1990, and
replaces By-Law 90-14 .
MOVED ,/ ,, . / S CONDED BY DAT111
That • -law , 0 •e r - first time . Read and carni - • . . i,
f
MOVED BY -'41", , .! �/ SECONDED BY L.
�T 4 , A / fr �
That by-i . 1 • � e- second tim .Read and carri • raQ
MOVED BY ^'/ SECONDED ao)7 DATE i 11.e
/ c
That by-law 90-1 , a read a third t me .; eading dis• . -ed with,
finally passed.
"eA
assed. "Qa
Q.ee 0
oft
Vt4
4)\_eto Q •
•
•
• DY-LAW NUMBER 90-17/
Being a by-law to set remuneration
of the Reeve and Council and to
provide for the paying of expenses
WHEREAS The Municipal Act, R. S.O. 1980, Section 238 permits
Council to pass a by-law for paying of remuneration to a member
of Council and such remuneration may be determined in any manner
that Council considers advisable.
AND WHEREAS Section 239 of the said Act permits Council to pass a
by-law to set maximum amounts or rates that may be paid in
respect of expenses .
THEREFORE Council enacts that the following rates of remuneration
be paid;
To Whom For Which Amount Amount
Reeve Two regular meetings/mth 84 .00/meet
as set by by-law
Reeve Special meeting 84 .00/meet $42 . 00/meet
over 2 1/2 hours under 2 1/2
4101
hours
Councillor Two regular meetings/mth 73 . 50/meet
as set by by-law
Councillor Special meetings 73 . 50/meet $36 . 75 meet
over 2 1/2 hours under 2 1/2
hours
Reeve & Convention attendance determined
Council resolution
NOTWITHSTANDING the foregoing, if attendance by the Reeve or a
Councillor at a meeting requires time off work, remuneration shall be
on the basis of a full meeting regardless of the actual time spent in
attendance at the meeting.
AND FURTHER MORE; to be paid for a regular or special meeting the Reeve
and Council must be in attendance at the meeting. A "special meeting"
is defined as a meeting of Council other than a regular meeting, called
pursuant to section 57, subsection 2 of the Municipal Act.
AND FURTHERMORE; expenses incurred by a member of Council while
attending such conferences, courses, conventions or other functions as
are approved by resolution of Council shall be reimbursed in amounts
and at such times as Council may by resolution determine.
AND FURTHERMORE; automobile expenses incurred by members of Council ,
411 officers and servants of the municipality as a result of their acting
either within or outside the Municipality as members of Council ,
Officers or Servants shall be repaid at the rate of $0 . 25 per km
travelled.
III
AND FURTHERMORE; be it enacted that while on the Municipality' s
41/ business, that a meal allowance be provided to be no more than $30 . 00
for each 24 hour period providing that the time on business has been
more than 12 hours . A proper invoice must be provided to the
Treasurer .
Meal Schedule
Time on Village business Allowance
2 to 4 hours 5 . 00
2 to 8 hours but more than 4 hours 10 . 00
2 to 12 hours but more than 8 hours 30 . 00
This by-law is effective January 1, 1990 .
This by-law replaces by-law number 89-24 dealing with Reeve and Council
• remuneration. ,
MOVED BY AP—, , ..,AI.... Z SECONDED ---,I--y, c:,,a t. , ; / 6/
CARRIED , 6 _ ,! ti Reeve
That by-law �• 0-1 be read a first time. Read and carried
',LOVED BYE .,. .► • ONDED BY A # DAT A,t,(4/7
2 /f 2
CARRIED k • \ Reeve
That by-law 90-J' be read a second time . Read and dispensed w th.
o eV
MOVED BY '// /
� iw �r SECONDED BY / fb), DATE 1�.n�
CARR IEDf�r,'�
�"n �� Reeve
That by-law be read a third time. Reading .dispensed with,
(final}y pa* -d _
Reeve Cy llin Clerk/Treasurer James G. Timlin
111
DY-LAN NUMBER 90-17
• Being a by-law to set remuneration
of the Reeve and Council and to
provide for the paying of expenses
WHEREAS The Municipal Act, R.S.O. 1980, Section 238 permits
Council to pass a by-law for paying of remuneration to a member
of Council and such remuneration may be determined in any manner
that Council considers advisable.
AND WHEREAS Section 239 of the said Act permits Council to pass a
by-law to set maximum amounts or rates that may be paid in
respect of expenses.
THEREFORE Council enacts that the following rates of remuneration
be paid;
To Whom For Which Amount Amount
Reeve Two regular meetings/mth 84 .00/meet
as set by by-law
• Reeve Special meeting
over 2 1/2 hours 84 .00/meet $42 .00/meet
under 2 1/2
hours
•
Councillor Two regular meetings/mth 73 . 50/meet
as set by by-law
Councillor Special meetings 13 . 50/meet $36 . 75 meet
over 2 1/2 hours under 2 1/2
hours
Reeve & Convention attendance determined
Council resolution
NOTWITHSTANDING the foregoing, if attendance by the Reeve or a
Councillor at a meeting requires time off work, remuneration shall be
on the basis of a full meeting regardless of the actual time spent in
attendance at the meeting.
AND FURTHER MORE; to be paid for a regular or special meeting the Reeve
and Council must be in attendance at the meeting. A "special meeting"
is defined as a meeting of Council other than a regular meeting, called
pursuant to section 57, subsection 2 of the Municipal Act .
• AND FURTHERMORE; expenses incurred by a member of Council while
attending such conferences, courses, conventions or other functions as
are approved by resolution of Council shall be reimbursed in amounts
and at such times as Council may by resolution determine.
AND FURTHERMORE; automobile expenses incurred by members of Council,
• officers and servants of the municipality as a result of their acting
either within or outside the Municipality as members of Council,
Officers or Servants shall be repaid at the rate of $0 . 25 per km
travelled.
l'
•
• AND FURTHERMORE; be it enacted that while on the Municipality's
business, that a meal allowance be provided to be no more than $30.00
for each 24 hour period providing that the tim€ on business has been
more than 12 hours. A proper invoice must be provided to the
Treasurer.
Meal Schedule
Time on Village business Allowance
2 to 4 hours 5.00
2 to 8 hours but more than 4 hours 10.00
2 to 12 hours but more than 8 hours 30.00
• This by-law comes into effect on date of passing.
411 This by-law replaces by-law number 89-24 deal.pg w th Ree and Council
remuneration.
MOVED BY _, /� ,L ` ECONDED BY . ! i..ra- DA t4 l//2��
G,
CARRIED Reeve d , ��� Ree
That by-law 90-0 be read a first time. Read and carried
MOVED BY (Atet.---- SECONDED B i t / ,! /Me
,i,a& C. Wiee
CARRIED R eve
That by-la ' 1 /l be rea• a •econd time. Read d dJspensed wi .
MOVED BY �1 •_/�/, -/ SECONDED BY G- SA -'--OAT t-7\47 /01I C,D
CARRIED ��:�: Reeve
That by-law 90- k �,e read a third time. Reading dispensed with,
f pally pa- - - • -
III „_14A "ivviii . /,A.,4„,,,,,L...... .4, .
Reeve C1h y Allin erk/T easurer Jaaaa O. Timlin
,
Y/
010
- � :
• BY-LAW NO. 90-18
• A BY-LAW OF THE-CORPORATION
OF THE VILLAGE OF PORT BURWELL
ABOLISHING ITS
PUBLIC UTILITIES COMMISSION
WHEREAS the municipal council with the assent of the
electors enacted By-law No. 54 of the Corporation of the Village
of Port Burwell on the 4th day of October, 1954 ;
AND WHEREAS the municipal council does not believe that it
is in the public interest for the Village to continue to manage
and operate its own system for the supply and distribution of
electrical power;
AND WHEREAS the municipal council therefore proposes to
repeal the said By-law No. 54 ;
AND WHEREAS the municipal council has applied to the Ontario
Municipal Board for permission to dispense with assent of the
• electors which would otherwise be required by Section 37 ( 5) of
the Public Utilities Act, R. S.O. 1980, C. 423;
NOW THEREFORE the municipal council of the Corporation of
the Village of Port Burwell enacts as follows:
1 . By-law No. 54 of the Corporation of the Village of Port
Burwell passed on the 4th day of October, 1954, be and
the same is hereby repealed.
2 . The control and management of the electrical supply and
distribution system is hereby vested in the council and
the Public Utilities Commission ceases to exist.
3 . This by-law takes effect on the date it receives the
approval of the Ontario Municipal Board pursuant to
Section 63 of the Ontario Municipal Board Act to
dispense with the assent of the electors herein.
Passed in Open Council and read three times this / '/ day of 4&t)O 't-"---
1990 .
411 .11116w
11101
Reeve
///9' •
.44111,
C -rk
THE MUNICIPALITY OF VILLAGE OF PORT BURWELL
/ _ . . .
Meeting . ..Z,<?.' /I2--- ,19. ‘,
Moved By ._. IV _Lai
That leave be granted to introduce By-laws ??7-16
Seconded p ' �At2 _ ._.... _....
,eri-?4-
4 tato --i-aZ __t6 ce-tee/-rAr,-/- . '-- -/-- 17--t-eial-e -/-
• and that By-law presented herewith ,,bbe read a first time.
_. p
By-law read a 5 7 . „e
• ____/..„.....„L,, ,oi
at
.
That By-law now read a� first time be adiSs�onded B7 - -._ — second time forthwith. \G.x u ,e X
eteo
By-law read a .- EColl/d UM,. "�`""`' l `°_19 0
Moved By -..-_ ....._.
That By-law now read a second time be read
Seconded B �--- a third time forthwith.
pp ` Civ , e�. Qee..)eJ
By-law read a .�..�.�1�__I _____time
• Moved By ..----- _ -- --
/ That By-law now read a third time do pas,
._.__ be engrossed
sed by the andaae�+�Seconded _ scaled b the Reeve
f4
�r /qn
0
c0
61oo Il
ONTARIO MUNICIPAL BOARD
CANADA ) IN THE MATTER OF an Application
pursuant to Section 63 of the
Province of Ontario ) Ontario Municipal Board
Act, R.S.O. 1980, c. 347;
AND IN THE MATTER OF Section 37
of the Public Utilities Act,
R.S.O. 1980, c. 423.
DECLARATION
I, JAMES G. TIMLIN, of the Village of Port Burwell, in the
County of Elgin, Municipal Clerk, SOLEMNLY DECLARE:
1. That I am the Municipal Clerk for the Corporation of the
Village of Port Burwell and as such have knowledge of the matters
hereinafter deposed to.
2. That the municipality applied to the Ontario Municipal
Board for directions with respect to this matter, which directions
were received on June 5, 1990.
3. That a notice of the municipality's application was
published in the "Tillsonburg News" on June 11 and June 18, 1990.
4. That attached hereto and marked Exhibit "A" to this my
Declaration is a copy of the notice as it appeared in the
"Tillsonburg News" on June 11, 1990.
5. That attached hereto and marked Exhibit "D" to this my
Declaration is a copy of the notice as it appeared in the
"Tillsonburg News" on June 18, 1990.
6. That a notice of the municipality's application was
published in the "Aylmer Express" on June 13, 1990. Attached hereto
and marked Exhibit "C" to this my Declaration is a copy of the
notice as it appeared in the "Aylmer Express" .
2 -
7. That the "Tillsonburg News" and the "Aylmer Express" both
have general circulation in the Village of Port Burwell.
8. That the said notice as published indicated that the last
date for objections to the municipality's proposal was July 3, 1990.
9. That the Public Utilities Commission of the Corporation of
the Village of Port Burwell advertised and conducted a public
information meeting on June 6, 1990 to discuss the merits of the
within propgsal.
10. That no objections were received to the municipality's
proposal within the time period set out, or at all.
11. That this Declaration is made in support of an Application
by the Corporation of the Village of Port Burwell for an order of
the Ontario Municipal Board dispensing with the assent of the
electors pursuant to Section 63 of the Ontario Municipal Board Act
and for no other or improper purpose.
AND I make this solemn Declaration conscientiously
believing it to be true, and knowing that it is of the same force
and effect as if made under oath.
/ /4
DECLARED before me :etha
)in ..% 4 4' i3' .1'./ /
,,es d. Timlin
County of Middlesex, this
5th day of July, 1990.
f
1 '
UC}9O. Uluy 4 r,.Jv.w. "" I,Qfl '"64.'
.t ..-...-. ..-. -Re--Pay-men-1
e-- -. . .......
VEN place dining•room set, I X49 64 Hess. Low Re-Payment Plans available.
. Good condition. $600.00 _______-__-_ —____-_— 'No qualifying hassels, rega s of In-
77.2572. 69•' 1980 YAMAHA mota,ycle,650 spedal In 'come or credit. Serving all C. Brio Call
--- -- good shape.$880 certified,$850 uncertl- I Excel Financial Corp. (Toll Free) 1.800-
WOOD lathe, large crock. , 875-4646. t 68 265.6984. BC
puler desk, motorcycle het- j---- ---- -------------- ----
air,two bicycles,humidifier,
dicator, marine gas tank. Legal I Legal
71
NG buys- 1/2 Price Sale- Notice otices � Ndti(es.
ing at regular price and get
for 505'.more-limited steel I
1 Hours • 1-800-263-8499. NOTICE OF APPLICATION
- --- TO THE ONTARIO MUNICIPAL BOARD
ON steel buildings-factory
-example 25x30. $2,699. BY THE CORPORATION OF THE
es 10-100'wide,any length.
nly.Construction available. VILLAGE OF PORT BURWELL
rspan 1-800-668-5422 (24
BC
INGS: Ac eap building of- FOR AN ORDER PURSUANT TO •
tity, may even cost more SECTION 63 OF THE
'rawer, Future Steel_ Thou-
3can't bewrong.Cal11.800- ONTARIO MUNICIPAL BOARD ACT
BC .
)INGS:
$2,330; 2sldvely$z est TAKE-NOTICE that The Corporation of the Village of Port
1;40'x46',$5,142.Endwalls Burwell has applied to the Ontario Municipal Board pursuant to
K Items. Other sizes avail- the provisions of Section 63 of the Ontario Municipal Board Act,
Q save.1,900 668 a3 eC R.S.O.1980 c.347,for an Order dispensing with the accent of the
—__ electors to a by-law abolishing the Public Utilities Commission
4OUSE and Hydroponics for the Village of Port Burwell.It is proposed that the municipal ,
r Slderoad, London, Ont- council enact a by-law repealing By-Law No. 54 which estab-
i19) 452-3919. Complete
stems. We do mall orders. lished the Public Utilities Commission and entrusted it with a
talogue,$2 rebate on your mandate to distribute and supply electrical power.The effect of
_ _ BC the repealing by-law will be that the control of management will
VOL Sale: One place n- again be vested in the municipal council and the Public Utilities
;rounds, vinyl lined In- Commission will cease to exist.It is the intention of council that
myround. Professional in- • Ontario Hydro will then be askedto assumethe management
S.Book now and save,Call y
1or658-8091. BC . and responsibility for the electrical distribution system in the
—_ / _. - village. -
rage/ Any person interested may,within twenty-one(21)days after
the date of this notice,send by registered mail or deliver to the
dSales • . . Clerk of the Village of Port Burwell notice of his or her objection
_ _ . to the approval of said application together with a statement of
the grounds of such objection and a request that the Ontario Mu-
.
J , nicipal Board schedule a hearing to give consideration to their This is Exhibit "A"
.a 1,11 objection. mentioned and referred
ff ) . THE ONTARIO MUNICIPAL BOARD may approve the said to in the Declaration
'�QLE application but before doing so it may appoint a time and place of James G. Timlin
s COUtrEsfot r, when any objection to the application will be considered.Notice sworn before me in the
Q(i,,,,{org'if.., of anyhearingthatmaybeheldwillbegivenonlytopersonswho City of London, in the
••::3-extt..+tA'- . have filed an objection and who have left with or delivered to the County of Middlesex
n111®®® - undersigned Clerk the address to which notice of hearing is to be this 5th day of July
sent. A.D. • 0.
I . THE LAST DATE FOR FILING OBJECTION will be the 3rd
Ne)335'
' day of July,1990. _ __—_ _—
James Timlin,Clerk A Commissioner, etc.
• Village of Port Burwell
ALL 688-6397 l 21 Pitt Street
t Port Burwell.Ontario.NOI ITO
-_. . •
I
1,'n ^G1 fgi�t, IC CJAMES G. TIMLIN
" �
C 4 0 e ' 1 f /) /1 CLERK-TREASURER
illsor%rtr4 688-096 J' im ,1 • t • _
'P 12'THE •TIL ' es'
age LSONBURG NEWS 'Monday,Jure 18,1990
1 nv'v,•'••,,...—.__�_ eps the heat out
e . ce•• our luN we of automotive accessorks lo- a Royal Glass and
day.Royal Glass and Muror,3708 Simcoe Mirror, 370B Simcoe St.. Tillsonburg
.E service on windshield re- St.,Tillsonburg,Phone 842-4970. 66 Phone 842-4970. 66
:all Royal Glass and Mirror,
)e St., TdIsonburg, 842- al' -
e9 � . .n is Legal.'
Notices!' �� Notices
JTO reconditioning. Steam L 47-;• . ,
ill carpeting.remove stains,
sand all labdc.CaN Car Care
ie Ave., Tillsonburg, 842- NOTICE OF APPLICATION -•
.-:_______ ___ TO THE ONTARIO MUNICIPAL BOARD
'IS key.Our technicians BY THE CORPORATION OF THE
lined through GM Schools.
El means we•N do it tight the VILLAGE OF PORT B URWELL :
• us at Pearce Motors Ltd.
:CLEANING-Free pick up FOR AN ORDER PURSUANT TO
free estimates. Car Care , •
e Ave., Tillsonburg. 842-2SECTION 63 OF THE •
6
• ONTARIO MUNICIPAL BOARD ACT •
ldshieldTAKE NOTICE that The Corporation of the Village of Port
:ep air Burwell has applied to the Ontario Municipal Board pursuant to
the provisions of Section 63 of the Ontario Municipal Board Act,
R.S.O.1980 c.347,for an Order dispensing with the accent of the
electors to a by-law abolishing the Public Utilities Commission
for the Village of Port Burwell.It is proposed that the municipal
. '. i`c•= council enact a by-law repealing By-Law No. 54 which estab-
�,y'fry. ..y' lished the Public Utilities Commission and entrusted it with a
lw-�..yrs'' r mandate to distribute and supply electrical power.The effect of
1.- i,
t.: ,-E the repealing by-law will be that the control of management will
�r f,r again be vested in the municipal council and the Public Utilities
-�_ Commission will cease to exist.It is the intention of council that
Ontario Hydro will then be asked to assume the management
r instead of replace? and responsibility for the electrical distribution system in the
village.
son N0. 4 • Any person interested may,within twenty-one(21)days after
ONG AND . the date of this notice,send by registered mail or deliver to the This is Exhibit "B"
4ANENTTO Clerk of the Village of Port Burwell notice of his or her objection mentioned and referrer
to the approval of said application together with a statement of to in the Declaration
3 CRACKS the grounds of such objection and a request that the Ontario Mu- of James G. Timlin
SPREADING/ : nicipal Board schedule a hearing to give consideration to their sworn before me in the
objection. City of London, in the
For Your THE ONTARIO MUNICIPAL BOARD may approve the said County of Middlesex
Free Estimate . application but before doing so it may appoint a time and place this 5th day of July,
Call Today! when any objection to the application will be considered.Notice A•D. 19 90.
i of any hearing that may beheld will be given only to persons who ��
al I have filed an objection and who have left with or deliveredtoth- —
t t undersigned Clerk the address to which notice of hearing is to•• A '' over, etc.
pi j
,, I sent. —
• THE LAST DATE FOR FILING OBJECTION will be the 3rd
& MIRROR , day of July,1990.
ME—INDUSTRY r James Timlin,Clerk
ad PLASTICS Village of Port Dunvcll
342'4970 21 Pitt Street
e St..Tillsonburg Port Burwell.Ontario.NOI II()
• -
•
• .. .
• .':PAGE 8—AYLMER EXPRESS—Wed.,June 13, 1990 •
Highland Games i ..,o a highland Wator e" ,111L_ .,x
mmeememairma
•• A
Notice . .
f .Application;• . •• at
To The Ontario Muni• cipal Board w
By The Corporation of the • . ••O1•
- - Village of Port Burwell
•
For An Order Pursuant To Section 63
of the Ontario Municipal Board Act
TAKE NOTICE that The Corporation of the Village of Port B
Burwell has applied to the Ontario Municipal Board pur- J
- suant to the provisions of Section 63 of the Ontario
Municipal Board Act, R.S.O. 1980 c. 347, for an Order ,
dispensing with'the assent of the electors to a by-law 4
abolishing the Public Utilities Commission for the Village
of Port Burwell. It is proposed that the municipal council 2
enact a by-law repealing By-law No.54 which established F
the Public Utilities Commission and entrusted it with a •
mandate to distribute and supply electrical power. The P
• effect of the repealing by-law will be that the control of '"
management will again be vesteciin the municipal coun- T
cil and the Public Utilities Commission will cease to exist. ', w
It is the intention of council that Ontario Hydro will then ,F
be asked to assume the management and responsibility
for the electrical distribution system in the Village. N
C
Any person interested may, within twenty-one(21)days a
after the date of this notice, send by registered mail or F
deliver to the Clerk of the Village of Port Burwell notice p
of his or her objection to the approval of said application
together with a statement of the grounds of such objec- R
1 tion and a request that the Ontario Municipal Board W
schedule a hearing to give consideration to their .
1 objection. ai
THE ONTARIO MUNICIPAL BOARD may approve the A
said application but before doing so it may appoint a time w
and place when any objection to the application will be J:
considered. Notice of any hearing that may be held will bi
This is Exhibit "C" be given only to persons who have filed an objection and N
mentioned and referred • who have lett with or delivered to the undersigned Clerk
to in the Declaration of the address to which notice of hearing is to be sent. B
James G. Timlin swornSi
THE LAST DATE FOR FILING OBJECTIONS will be the tc
before me in the City of 3rd day of July, 1990. U
London, in the County of
Middlese this 5th day James Tlmlln, Clerk w
of Jul .'D. 1990. Village of Port Burwell St
21 Pitt Street, Port Burwell, Ont. Ki
t NOJ 1TO oc Br
A Comm ssior►er, etc.
t
•
•
S
VILLAGE OF PORT BURWELL •
BY-LAW 90-0611
Being a by-law to appoint
Deputy Fire Chief, set
annual pay, mutual aid
meeting and fire call pay .
WHEREAS the Village of Port Burwell appoints Tom Millard as
Deputy Fire Chief.
Annual pay is $600.00 plus pay for mutual aid meetings and fire
calls.
MOVED BY a914144,... SECONDED" s ' A . , . /i. DATE /G41 //47e7
That by-law 90-18 be read a first ime . / •ead and carried.
40,
MOVED :A, i ,, _ /I� , , ,,_ SECONDED B B*-TE4, 4q0
That b,•-1 - w`(0-8q be read a second time . ead and carried.
MOVED B\ i4%, ' .NDED BY ATE///44 - 7//d
That by-law ^QI be read a third time. Reading dispe sed with ,
fi ,ally passe. ,
Reeve , OF
.in��� A lin -rerk , James G. Timlin
•
5 "
.
•
' •
.
,It
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 0f the Municipal Act RSO 1990 c. M.45 provides that a council may pass
by-laws governing the operations of the municipality and
Whereas the numerical sequence of certain by-laws passed between 1945 and 1992 have used the
same numbers.
The Council of the Village of Port Burwell hereby deems it necessary to change the numbering of
the following by-laws as follows;
1. BY-LAW 86-08 being a Bylaw to Appoint a By-law Enforcement
Officer, shall be changed to BY-LAW 86-01. By-law 86-08 being a
by-law to set the Rates and Levies for 1986 shall remain.
2. BY-LAW 86-12 being a by-law to Designate the Old Baptist Church
as a Historical Building, shall be changed to BY-LAW 86-18. By-law
86-12 being a by-law to authorize the expropriation of Land shall •
remain.
3. BY-LAW 86-14 being a by-law to appoint a Building Official, shall
be changed to BY-LAW 86-19. By-law 86-14 being a by-law to
Amend By-law 86-13, the Zoning By-law shall remain.
4. BY-LAW 230 being a by-law to Set the Rates and Levies for 1969,
shall be changed to BY-LAW 125. BY-LAW 230 being a by-law for
the Roads Expenditure shall remain.
1
5. BY-LAW 87-15 being a by-law for Licensing and the Regulation of
- Taxi Cabs, shall be changed to BY-LAW 87-27. By-law 87-15 being
a by-law to Authorize Offer to Settle shall remain.
6. BY-LAW 88-12 being a by-law to Grant Ownership of the Sewage
Works shall be changed to BY-LAW 88-25. By-law 88-12 being a
by-law to Allow Encroachment at 22 Pitt Street shall remain.
7. BY-LAW 89-04 being a by-law to Authorize the Lease of Harbour
Lands with the Department of Fisheries and Oceans shall be changed
to BY-LAW 89-06. BY-LAW 89-04 being a by-law to Adopt an
Official Plan for the Village of Port Burwell shall remain.
8. BY-LAW 89-13 being a by-law to Appoint a Plumbing Inspector
shall be changed to BY-LAW 89-16. BYLAW 89-13 being a by-law
to set the Water and Sewer Rates shall remain.
9. BY-LAW 90-11 being a by-law to Appoint a Deputy Fire Chief shall
be changed to BY-LAW 90-19. By-Law 90-11 being a by-law to
Appoint a By-law Enforcement Officer shall remain.
2
This by-law read a : : and second time •'- 27th day of September 1994.
494, /
' omas Nesbitt, Reeve
•
ft.
II .vi. '> ree, Administrator/Cleriz-Treasurer
This by-law read a third time and finally passed this 27th day of September 1994.
•
Aiki
• •mas Nesbitt, Reeve
d A
Davi. "Free, Administrator/Clerk-Treasurer
3
Imimmommiimmib. A.....
le THE CORPORATION OF THE VILLAGE OF PORT BURWELL
—
BY-LAW 90-20
Being a by-law to regulate the charge
for building and demolition permits
within the Village of Port Burwell .
Whereas Section 210 paragraph 162 of the Municipal Act allows
municipalities to pass by-laws to regulate the erection,
alteration and demolition of buildings within the Village and for
charging fees for permits issued.
The Corporation of the Village of Port Burwell hereby enacts the
following charges for permits.
Permits-before any building within the Village of Port Burwell is
to be constructed, altered or repaired at any estimated cost of
more than $400 . 00 or any building of a value of more than $500 . 00
is to be torn down, demolished or removed either in whole or in
part, the owner of the building or proposed building shall obtain
a permit from the Building Inspector and his application for same
shall give such full and complete information as to the work as
411 may be required by the Building Inspector . A permit shall be
required for a new building in excess of 100 square feet ( 9 . 2
square meters) .
( 1 ) At the time of such application, the applicant shall pay to
thef,Wldiag Y4nspeet the following sums : For work costing
One Thousand Dollars ($1,000 ) or part thereof , the sum of
$25. 00 and an additional $3 . 00 for each additional One
Thousand Dollars ( $1,000 ) or part thereof .
( 2 ) Where the application is for the demolition or removal of a
building, the cost of the permit shall be $25. 00 .
This by-law ,a---AffecjrIv. on date of passi ,_. / /
'
MOVED BY 'r /- t:" SECONDED B �0.�N' , '611-e26( "
That by-la /' ' - ,� a. a first time. R - • and carries .
CARRIED \ .. `..�..
MOVED B . �/ 0.i '$CONDED BY re/ "AV)
The by 1•w -91 20-be cad a second time . Read nd carried
CARRIED \\O._ _ `1\.h � . .-o NIE �-
��� / 4,-,14,;4- , ,/
• MOVED BY ._� ,� , - SECONDED B�i i . / /. , „ DATE
The by-law"'s - 0 be read a third time. - a• i g dispenm with,
finally passed.
4P)CARRIED �f e e O N
7 71,
.....1W4111) '..'
11) ��f 4
teeJ� _
THE CORPORATION OF THE VILLAGE OF PORT BURWELL
BY-LAW 90-20
Being a by-law to regulate the charge
for building and demolition permits
within the Village of Port Burwell .
Whereas Section 210 paragraph 162 of the Municipal Act allows
municipalities to pass by-laws to regulate the erection,
alteration and demolition of buildings within the Village and for
charging fees for permits issued.
The Corporation of the Village of Port Burwell hereby enacts the
following charges for permits.
Permits-before any building within the Village of Port Burwell is
to be constructed, altered or repaired at any estimated cost of
more than $400 .00 or any building of a value of more than $500 . 00
is to be torn down, demolished or removed either in whole or in
part, the owner of the building or proposed building shall obtain
a permit from the Building Inspector and his application for same
shall give such full and complete information as to the work as
may be required by the Building Inspector . A permit shall be
required for a new building in excess of 100 square feet ( 9 . 2
square meters ) .
( 1 ) At the time of u
sch application, the applicant shall pay to
theg d-i �`1ns�pee-tgrthe following sums: For work costing
On Thousand Dollars ($1 ,000 ) or part thereof , the sum of
$25. 00 and an additional $3 . 00 for each additional One
Thousand Dollars ( $1,000 ) or part thereof .
( 2 ) Where the application is for the demolition or removal of a
building, the cost of the permit shall be $25. 00 .
This by-las2e2kffev. on date of passi • .
i /�. / /�
MOVED BY �r /• /�.� ' CONDED B .iiN/�"—�A '1u 2G/`/L
That by-la /' i - s %NO a. a first time. -d and carriel/
CARRIED11..
MOVED B /.. i CONDED BY % / , �I 1 J
The by law 1. 20-be cad a second time. Read nd carrie
CARRIED \ . _ _ ..�& •
- �E
MOVED BY _� i -MIL `- ,��/'/ /�•
/� SECONDED B / / , , DATE - 1
The by-laws - 0 be read a third time . . a• i g dispenses with,
finally passed.
�0
CARRIED •tw f.e-eVe
• THE CORPORATION OF THE VILLAGE OF PORT BURMELL
BY-LAW NUMBRR 90-21
• Being a By-law authorizing The Corporation of the
Village of Port Burwell to dispose of the assets
of the Port Burwell Public Utilities Commission
Hydro System to Ontario Nydro
WHUREAS under the provisions of the Power Corporation Act,
R.B.O. , 1980, Chapter 384, Section 38, Ontario Hydro may acquire
from a municipal corporation or commission by purchase, lease or
otherwise any works or other property real or personal that
Ontario Hydro considers advisable, and such municipal corporation
or commission may sell or otherwise dispose of such works or
other property to Ontario Hydro without the assent of the
electors or the approval of the Ontario Municipal Board.
AMD WHRREAB The Corporation of the Village of Port Burwell and
the Port Burwell Public Utilities Commission Hydro System desire
to transfer all the assets and liabilities of the Electrical
System in said Corporation to Ontario Hydro.
4111 NOW THEREFORE The Corporation of the Village of Port Burwell
enacts as follows:
( 1) For the purposes of this by-law, "Corporation" shall mean
The Corporation of the Village of Port Burwell, and "System"
shall mean the Port Burwell Public Utilities Commission
Hydro System.
( 2 ) The Corporation is hereby authorized to transfer all the
assets and liabilities of the System to Ontario Nydro
effective the let day of September, 1990.
( 3) All assets and liabilities under the control of the System
are, without compensation, assets and liabilities of Ontario
Hydro effective the 1st day of September, 1990.
(4) All users of hydro in The Corporation shall be required to
pay Ontario Nydro rural rates in effect on the date of
transfer.
( 5) The Reeve and Clerk of The Corporation are hereby authorized
to make, execute and deliver such further and other
documents, assurances and other instruments and to do such
further and other acts and deeds which may be reasonably
1010 required or necessary to give full effect to this by-law.
1
-2-
• (6) This by-law shall come into full force and effect on the
final passing thereof , subject to the consent of the Ontario
Hydro being obtained.
MOVED ,- "%L.._ / ".. ,. SECONDED BY �--� ATE L. ((
That By-law/ 1 -21 be read a first time. Read and carried.<y46 , l
CARRIED / /
/' /9/ /'
' /`I DATE,
MOVED B � SECONDED BY i;"., �/
That By-laws -2 be read a second ti . Road and carried.s ‘e..0.01, 1 ,
CARRIED
MOVED BY �� .. SW_¢t.� SECONDED DATE
That By-law 90-21 be read a third t me. a ing dispensed wit ,
finally passed.
41/ (-
C ��
CARRIED \ \�. ' IIU P -GcX-
41111111.
\IP. \ ,_ -
Reeve
/lier
. A4 /
lark �Tr.asurer
•
4
41/
TETE CORPORATION OF THE VILLAGE OF PORT BURWELL
BY-LAW NO. 90-22
A By-law to regulate and prohibit unusual noises
WHEREAS the Councils of all Municipalities are permitted to pass
by-laws under the provisions of Subsections 118 and 119 of
Section 354 of the Municipal Act. R. S.O. 1970, Chapter 284 and
amendments thereto to regulate and govern the ringing of bells,
the blowing of horns, shouting and unusual noises likely to
disturb the inhabitants, and to regulate and govern the use of
public address systems when used on highways, public lands or
lands adjacent thereto or when omitting sounds thereto.
AND WHEREAS it is deemed expedient and desirable to regulate or
prohibit unusual noise or noises likely to disturb the
inhabitants of the Village of Port Burwell .
THEREFORE, the Council of the Village of Port Burwell enacts as
follows:
1. That no person shall ring any bell , blow or sound any horn
or cause the same to be rung, blown, or sounded, shout or
create, cause or permit any unusual noises, or noises likely
to disturb the inhabitants .
2. That, for the purpose of and not so as to limit the
generality of Section 1 , the following noises or sounds
shall be deemed to be unusual noises, or noises calculated
to disturb the inhabitants, namely:
(a) The sounding of any bell, horn, siren or other signal
device on any motor vehicle, motorcycle, bicycle, or other
vehicle of whatsoever kind except when required by by-law;
(b) The sounding of any such bell, horn, siren, or signal
device for an unnecessary or unreasonable period of time;
(c) The sound or noise from or created by any radio or
phonograph, public address system, sound equipment,
loudspeaker, or similar device or devices, of any musical or
sound producing instrument of whatever kind, when such
device or instrument is played or operated in such a manner
or with such volume as to annoy or disturb the peace, quiet,
comfort or repose of any individual in any dwelling house,
apartment house, hotel or any other type of residence.
(d) Any sound made by any animal or bird which disturbs the
pease, quiet, comfort or repose of any individual in any
411 dwelling house, apartment house, hotel or any other type of
residence.
111
-2-
(e) The grating, grinding or rattling noises or sound
caused by condition of disrepair or maladjustment of any
motor vehicle, motorcycle, or other vehicle whatsoever or
part or accessory thereof .
( f ) The discharge into the open air of the exhaust of any
steam engine, stationary internal combustion engine, motor
vehicle or motorcycle, except through a muffler or other
device which effectively prevents loud or explosive noises.
(g) The noise or sound created by the use or operation of
any drum, horn, bell, radio or mechanical loudspeaker, or
other instrument or device or sound-producing, or sound
transmitting instrument or apparatus for the purpose of
advertising or for attracting attention to any performance,
show or sale or display of goods, wares merchandise or which
projects noise or sound into any street or other public
place.
(h) The noise or sound created by the use or operation of
any radio or mechanical loudspeaker or amplifier or other
instrument or device or sound-producing, sound-reproducing,
411 or sound transmitting instrument or apparatus in or upon any
vehicle except for such time and under such conditions as
the By-law Enforcement Officer may prescribe.
3 . That none of the provisions of this by-law shall apply to
the following namely:
(a) The use in a reasonable manner of any apparatus or
mechanism for the amplification of the human voice or of
music in a public park or any other commodious space in
connection with any public election meeting, public
celebration or other lawful gathering, provided written
permission of the By-law Enforcement Officer has first been
obtained.
(b) Any military or other band or any parade operating
under written permission first obtained from the By-law
Enforcement Officer.
(c) Any vehicle of the police or fire department or any
ambulance or any public service or emergency vehicle while
answering a call .
(d) Any sound from any private radio in a motor vehicle,
installed for the sole benefit or entertainment of the
operator and occupants of such vehicle, when same is not
11/
audible at a distance of twenty-five feet from such vehicle.
(e) Any case of public convenience or necessity.
o -3-
( f ) Normal activities of industry in any industrial zone as
defined in the Village of Port Burwell zoning by-law.
4 . (a) Any person convicted of a breach of any of the
provisions of this by-law shall forfeit and pay, .at the
discretion of the convicting court, a penalty not exceeding
(exclustrre of costs) the sum of $2,000.00 for each offence,
and every such penalty shall be recoverable under The
Summary Convictions Act, all of the provisions of which
shall apply, except that the imprisonment may be for any
term not exceeding six months.
(b) The court, wherein the information is first laid, and
any court of competent jurisdiction thereafter, may issue an
order prohibiting the continuation or repetition of the
offence by the person convicted, and such order shall be in
addition to any other penalty imposed on the person
convicted.
5. This By-law shall come into force and effect on the date of
the final passing hereof .
MOVED BY y -- �•- -' SECONDED BY .•. .. /WT. DAT 21 64
That By-law [ "
90-22 be read a first tim . d and carried. /
CARRIED lk t! \ :.��►.. ! 4
?LOVED BY moi' : -CONDED BY % DATE Ga';
791°
That By-law-- ef-22 •e read a second time. Read and carried.
CARRIED \‘ _ ` i 1
.+
BY di/L ( "�DATE, =�� ' '
MOVED �• /_... �/ i.�--� SECONDED
That By-law 'II - 2 be read a third time. Reading dispensed with, •
finally pa ed.
CARRIED `. A 'wt._
Reeve
II/ fVr4e
Clerk - Treasurer
THE CORPORATION OF THE VILLAGE OF PORT BURWELL
BY-LAW NO. 90-23
Being a by- law to adopt a new Official Plan
for the Village of Port Burwell
The Council of the Corporation of the Village of Port Burwell ,
under Secti.en 17 of the Planning Act , 1983 , hereby ENACTS AS
FOLLOWS ;
1 . That by- law No . 89-04 being a by- law to adopt the Village of
Port Burwell Official Plan, 1988 be repealed .
2 . That the portion of the East Elgin Official Plan relating to
the present Village of Port Burwell and adopted by Council by
the enactment of Resolution No. 3 passed on the 9th day of
July, 1985 , and all amendments thereto be repealed .
3 . The Official Plan for the Village of Port Burwell , consisting
of the attached schedules "A" , "B" and "C" and explanatory
text , is hereby adopted.
4 . That the Clerk-Treasurer is hereby authorized and directed to
110 make application to the Minister of Municipal Affairs for
approval of the Official Plan for the Village of Port Burwell .
5 . This by- law shall come into force and take effect on the day
of the final passing thereof . 44/Sit/1.---d �J/ r
MOVEBY _SECONDEDBY tLt%.-.-d DATE (//1/13/
That by- - ' 0-23 b- read a first time . Read and carried.
CARRIED 4�/ "`. REEVE
i
MOVED 4-.44 SECONDED r; SECONDED BY Ji /�A E/iI Atl//3/
That by-law 9: 2 be ea a second time Rea. and carried .
CARRIED . REEVE 7
MOVED BY 09/ / /-/ ECONDED i /,r �---DATE '!/G'(/ /]/90
That by- law 90-23 be read a third time . ,B- . ding dispensed with ,
finally passed. alp
21-
CARRIED ,% __ *Wm REEVE
Nok CON
REEVE
//‘
1 ERK-Treasurer
Yam lie at.-n
•
BY-LAW No. /1(2 0 V
3p=tatu to authorize the borrowing of $
Whereas the Council of the
(hereinafter called the "Municipality") deems it necessary to borrow the sum
of $ 9O/ Q QQ to meet, until the taxes are collected, the current
expenditures of the Municipality for the year;
Nara.—Refer And Whereas the total amount of the estimated revenues of the
to the estimates
for the current Municipality as set forth in the adopted for theyear 19 is
Year if adopted. P Y estimatesP Q r
if not,to those
of last year. $ / O �!%L�.,,�/)
1//
(Delete this /V And Whereas the total of amounts heretofore borrowed for the purposes
Dara mh if not
aDDi,cble.> mentioned in subsection (1) of Section 332 of The Municipal Act which have
not been repaid is $ I / Q'
Therefore the Council of the V r �u y e of Pori-- Uc>i'r ri-e//
hereby enacts as follows:
I. 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 $ 90, 07_7(.)
to meet until the taxes are collected the current expenditures of the Municipality
for the year, including the amounts required for the purposes mentioned in subsection
(1) of Section 332 of the Municipal Act, and to give on behalf of the Municipality
to the Bank a promissory note or notes sealed with the Corporate Seal and signed by
the Head and Treasurer for the moneys so borrowed, with interest at such rate
as may be agreed upon from time to time with the Bank.
2. All sums borrowed pursuant to the authority of this by-law,as well as all other sums
• borrowed in this year and in previous years from the said Bank for any or all of the
purposes mentioned in the said Section 332, shall, with interest thereon, be a charge
upon the whole of the revenues of the Municipality for the current year and for all
preceding years as and when such revenues are received.
3. The Treasurer is hereby authorized and directed to apply in payment of all sums
borrowed as aforesaid, together with interest thereon, all of the moneys hereafter
collected or received either on account or realized in respect of taxes levied for the
current year and preceding years or from any other source which may lawfully be
applied for such purpose.
Passed this ! �`, day of i�/vv�m ev 19 70
• WC
THE HEAD OF THE MUNICIPALITY
CM=
I hereby certify that/ the foregoing is a t�ue copy of By-law
V
No. of the 1I/ 9/oge of /p !' vC
in the Province of Ontario, duly paed 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 7 day of /UO!'-°r h Imo' 19 /C
As Witness the Seal of _
the �� �/U y{' of /40r� I_( igU j'Gvt 11
{ cwt } CLER=
Form 100 Ont.-T2
BY-LAW No. / 02 V
,� 3p=tato to authorize the borrowing of $
Whereas the Council of the
• (hereinafter called the "Municipality") deems it necessary to borrow the sum
of $ fO d Q 0 to meet, until the taxes are collected, the current
expenditures of the Municipality for the year;
Nora.—Refer And Whereas the total amount of the estimated revenues of the
to the estimates
for the current Municipality as set forth in the estimates adopted for the year 1990, is
yyear tl t othose
11 not,to thole -
n(last year. $ O //` �'-�7 r
(Delete this And Whereas the total of amounts heretofore borrowed for the purposes
.v°` e.i`n°` mentioned in subsection (1) of Section 332 of The Municipal Act which have
not been repaid is $ I / ,Q
Therefore the Council of the V ��u�e of �O U�+rwG��
hereby enactCas 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 $ 90, U A v
to meet until the taxes are collected the current expenditures of the Municipality
for the year,including the amounts required for the purposes mentioned in subsection
(1) of Section 332 of the Municipal Act,and to give on behalf of the Municipality
to the Bank a promissory note or notes sealed with the Corporate Seal and signed by
the Head and Treasurer for the moneys so borrowed, with interest at such rate
as may be agreed upon from time to time with the Bank.
2. All sums borrowed pursuant to the authority of this by-law,as well as all other sums
• borrowed in this year and in previous years from the said Bank for any or all of the
purposes mentioned in the said Section 332, shall, with interest thereon,be a charge
upon the whole of the revenues of the Municipality for the current year and for all
preceding years as and when such revenues are received.
3. The Treasurer is hereby authorized and directed to apply in payment of all sums
borrowed as aforesaid, together with interest thereon, all of the moneys hereafter
collected or received either on account or realized in respect of taxes levied for the
current year and preceding years or from any other source which may lawfully be
applied for such purpose. /�j//
Passed this
a`71ti day of • 711e)verYi ev 19 �D
THE HEAD OF THE MUNICIPALITY
CLERK
I hereby certify that the foregoing is a ue copy of By-law
No. of the Vi of fb✓-7t 8G,f 6v€//
in the Province of Ontario, duly passed at a meeting of the Council of the said
Municipality duly held, and that the said By-law is/in full force and effect. q
Dated This 7 day of /r/0!/-� ✓� 19 /d
As Witness the Seal of /
/lc*or43 v
the 1 � l�u -e of �D r 0� IJ U - -t' /
{ SEAL } CLERK
Cot
THE MUNICIPALITY OF VILLAGE OF PORT BURV)/ELL
Meeting
19
• 8
Moved By _.___._ I1 /
Azia.4 __
That leave be granted to introduce Bylawseconded :�% . _.....
/(71 ` ''''` -`"1"1;1;`j )4"--6(-4-111-1/vi %-"b/./
and that By-law presented herewith be read a first time.
By-law read a —12-4'._._..___..time
That By-law now read a first time be read a
second time forthwith.
Seconded .e-.-_ ,
-Lw read a ___.. _ _ time u• t `'• t etoe_
Moved :✓.. ,. , , ••••)21.'
That By-law now read a second time be read
a third time with.1,414
APIA1.0 Seconded �; •------ ��v_, � � Q�
By- w read a ._. time IC (_
• Moved By aft / •
r That By-law now read a third time do pass,
be engrossed by the Clerk, and signed and
Seconded - QoclOeby the • At@b-
,
/4/