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Home My WebLink AboutPort Burwell By-Laws 1993 Port Burwell BY ed Laws By-Laws # 93-01 - 93 - 18 1993 • THE CORPORATION OF THE VILLAGE OF PORT BURWELL BY-LAW 93-01 BEING A BY-LAW to appoint an Administrator/Clerk-Treasurer of the Village of Port Burwell and to define his duties. WHEREAS pursuant to section 76 of the Municipal Act R.S.O. 1980, Chapter 302, as amended, the council may by by-law appoint a Chief Administrative Officer; AND WHEREAS the Municipal Act provides that by-laws may be passed for appointing such officers and servants as may be necessary for the purposes of the Corporation, and for carrying into effect the provisions of any Act of the Legislature or by-law of Council, and prescribing the duties thereof, and the security to be given for the performance of them; AND WHEREAS it is deemed desirable to appoint a Chief Administrative Officer for the Corporation, and to prescribe his duties; THEREFORE THE MUNICIPAL COUNCIL OF THE CORPORATION OF THE • VILLAGE OF PORT BURWELL ENACTS AS FOLLOWS: 1. That David Free be and is hereby appointed as Administrator/Clerk- Treasurer of the Corporation (hereinafter referred to as "Administrator") and to serve a probationary period from January 4, 1993 to April 4, 1993. 2. That the duties and responsibilities in respect to the position of Administrator shall be as follows, the Administrator/Clerk-Treasurer shall: (a) have general control and direction of all office employees, except Officers appointed under any statute in respect to their statutory responsibilities, and to: (i) recommend the appointment, employment, suspension or dismissal of Department Heads and Deputy Department Heads and Office Personnel; (ii) Complete the initial screening of job applicants, advise on and administer personnel policies and assist in salary negotiations; (iii) approve the employment of temporary or part time employees • to the extent of the approved annual budget; • • (iv) inform all Officers of the Corporation of the policies of Council and advise same when their presence is required at meetings of Council of its committees, and of any prepared reports etc. as may be required; (v) meet with Department Heads and Office personnel collectively on a regular basis to discuss matters of policy which have been approved by Council and to co-ordinate all departmental activities; (vi) to initiate, procure and follow direction of Council with regard to Economic Development activities for the village. 3. That all by-laws inconsistent with this By-law are hereby repealed. 4. This By-law comes into force and takes effect from January 12, 1993. THE CORPORATION OF THE VILLAGE OF PORT BURWELL „2 iig/ya � . c 7�, Ree LU)Z asial042,1.(1 Acting Clerk •• - a a I . - ,__Ac,u 3._. eG : ... THE MUNICIPALITY OF VILLAGE OF PORT BURWELL S Meeting JailLaili I sc; ,19 Moved By ._._ _TO '---*.2.41-Lt That leave be granted to introduce By-law)6413-0 Seconded By . ___ 1 C bol_ lcuij +D dr •Do nt an Rckt-nymicAtori Clerk -Tcra.,Lufr of *e, \it I botc, si 1%4 a06U ck-r6 -b ciziln5 diti-us and that Bylaw presented herewith be read a first time. • By-law read a 1...`a time Seconded By _______ 4-2_11_ _ ____...........__________......... '---7 That By-law now read a first time be read a second time forthwith. By-law read a 2414 time Moved By ---.— __TLA-......... ...... ________ / Ai That By-law now read a second time be read __ a third time forthwith. At f Seconded By ----- 114 4g" By-law read a .-.3d-----time Moved By That By-law now read a third time do pass, be engrossed by the Clerk, and signed and Seconded ItzelLe' sealed by the Reeve. III / CdEu&caLLf acitiT Ckrt LAA44.. THE CORPORATION OF THE VILLAGE OF PORT BURWELL BY-LAW 93-02 !I BEING A BY-LAW to appoint a Lottery Licencing Officer. WHEREAS the Municipal Act R.S.O. 1980, Chapter 302, as amended, provides that the councils of all municipalities may pass by-laws for appointing such officers and servants as may be necessary for the operations of the Corporation: AND WHEREAS it is deemed necessary to appoint a Lottery Licencing Officer; THEREFORE THE MUNICIPAL COUNCIL OF THE CORPORATION OF THE VILLAGE OF PORT BURWELL ENACTS AS FOLLOWS: 1. That David Free be and is hereby appointed as Lottery Licencing Officer for the Corporation, to hold such offices at the pleasure of the Council of the Corporation. 2. That such Lottery Licencing Officer shall exercise all the authority, powers and rights, and shall perform all the duties and obligations which, by statuted or by-laws are or may be conferred or imposed upon the Lottery Licencing Officer along with any other duties as may be • imposed by the Council of the Corporation. 3. That all by-laws inconsistent with this By-law are hereby repealed. 4. This By-law comes into full force and effect on final passing thereof. READ a FIRST and SECOND TIME this 12th day of January, 1993. READ a THIRD TIME and FINALLY PASSED this 12th day of January, 1993. THE CORPORATION 0 E VILLAGE OF PORT BURWELL Reev Dat (dLwLuttL-t x / )JJc 3 Acting Clerk ate • • THE MUNICIPALITY OF VILLAGE OF PORT BURWELL 0 Meeting ...17t.N.itt.14 icq ,19.913 Moved By 4-- Soo:aided By .-......--_...... — That leave be granted to introduce By-law '/-- C*4 CA__ 6.6,A0_1„,,) 4C) fl -140iffaini 49_ LCI Ct.-• _,•. LIC'erl l Y,,-- _, , ( and that By law presented herewith be read a first time. illBy-law read a ......_..i. .f..... ..—..time A/4 Moved By , ah. _ ' That By-law now read a first time be read a second time forthwith. Seconded By .----43YE //hat i._. By-law Dplaw read a ---..2a-- time i ai i Al Moved By .._____.— ..... ....._. "...s.dz That By-law now read a second time be read AllOgz,Z a third time forthwith. Seconded By .. , -144-1‘4 By-law read a -- - Moved By ------I That By-law now read a third time do pass, be engrossed by the Clerk, and signed and Seconded By .3,---fj___ p-6 i sealed by the Reeve. 4110 Pv- . 1 7 act!ty Oe(k_ ' THE CORPORATION OF THE VILLAGE OF PORT BURWELL BY-LAW 93-03 • BEING A BY-LAW TO RESCIND BY-LAW 92-25 APPOINTING AN ACTING CLERK/TREASURER TAX COLLECTOR WHEREAS the Council of The Corporation of The Village of Port Burwell deems it expedient to rescind a previous Acting Clerk-Treasurer By-law. THEREFORE the Council of The Village of Port Burwell enacts as follows that By-law 92-28 is hereby rescinded. er.4" Reeve • • • THE MUNICIPALITY OF VILLAGE OF PORT BURWELL • Meeting Ja4 :1.4111 Moved By That leave be granted to introduce By-law 14)q. .-c>. Seconded By bulct,Lo-lb resc_ivtrit. cid-cz6 and that By law presented herewith be read a first time. • By-law read a bf time Moved By 1pi That By-law now read a first time be read a yr.. 7 second time forthwith. Seconded By By-law read a 4kol. lime Moved By Seconded By That By-law now read a second time be read a third time forthwith. --,,d...,c-41-44&:- By-law read a Moved By That By-law now read a third time do pass, Seconded By be engrossed by the Clerk, and signed and sealed by the Reeve. • i9 4, .4-12-14k) 100-112/11 OMNI* • ,BY-LAW NO.9 3-04 A BY-LAW AUTHORIZING THE BORROWING OF MONEY TO MEET CURRENT EXPENDITURES • OF THE COUNCIL OF The Village of Port Burwell (the "Municipality") A. In accordance with subsection 18711) of the Ontario Municipal Act (the "Act"), the Municipality considers it necessary to borrow the amount of $ 300,000 to meet, until taxes are collected, the current expenditures of the Municipality for the year B. Pursuant to subsection 187(2)of the Act, the total amount borrowed pursuant to this by-law together with the total of any similar borrowings is not to exceed the limits set forth in that subsection. C. The total amount previously borrowed by the Municipality pursuant to section 187 that has not been repaid is $ a-t THEREFORr, the Council of the Municipality enacts as follows: 1. The Head and the Treasurer are authorized on behalf of the Municipality to borrow from time to time by way of promissory note or bankers' acceptance from CANADIAN IMPERIAL BANK OF COMMERCE ("CIBC") a sum or sums not exceeding in the aggregate $ 300,000 to meet, until taxes are collected, the current expenditures of the Municipality for the year (including the amounts required for the purposes mentioned in subsection 18711)of the Act) and to give to CIBC promissory notes or bankers' acceptances, as the case may be, sealed with the corporate seal of the Municipality and signed by the Head and Treasurer for the sums borrowed plus Interest at a rate to be agreed upon from time to time with CIBC. ' 2. All sums borrowed pursuant to this by-law, as well as all other sums borrowed pursuant to the Act in this year and In previous years from CIBC for any purpose will, 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 this revenue • Is received. 3. The Treasurer Is authorized and directed to apply in payment of all sums borrowed plus interest, all of the moneys collected or received on account in respect of taxes levied for the current year and preceding years or from any other source which may lawfuly be applied for this purpose. 4. The Treasurer is authorized to furnish to CIBC a statement showing the nature and amount of the estimated revenues of the Municipality not yet collected and also showing the total of any amounts borrowed that have not been repaid. ---- /at /4e this 23,ed day of T a8'er`R'1f/ /94 3 4/4/ II/ HEAD OF TILE MUNICIPALITY 7 SEAL ' �J CLERK / • I hereby certify that the forgoing is a true and complete copy of the By-law numbered above of the Municipality in the Province of Ontario, duly passed at a meeting of the Council of the Municipality and that this By-law is in full force and effect. Dated this 2 3 h'O day of f'.Ed.Pu.gR2�� /94 3 Witness the corporate seal S SEAL} ((�.. • CLERK 10042/11 qq On1a/a ,BY-LAW t t —04 A BY-LAW AUTHORIZING THE BORROWING OF MONEY TO MEET CURRENT EXPENDITURES • OF THE COUNCIL OF The Village of Port Burwell (the "Municipality") A. In accordance with subsection 187(1) of the Ontario Municipal Act (the "Act"), the Municipality considers It necessary to borrow the amount of $ 300,000 to meet, until taxes are collected, the current expenditures of the Municipality for the year B. Pursuant to subsection 187)2) of the Act, the total amount borrowed pursuant to this by-law together with the total of any similar borrowings is not to exceed the limits set forth in that subsection. C. The total amount previously borrowed by the Municipality pursuant to section 187 that has not been repaid is $ THEREFORr, the Council of the Municipality enacts as follows: 1. he Head and the Treasurer are authorized on behalf of the Municipality to borrow from time to time by way of promissory note or bankers' acceptance from CANADIAN IMPERIAL BANK OF COMMERCE ("CIBC") a sum or sums not exceeding in the aggregate $ 300,000 to meet, until taxes are collected. the current expenditures of the Municipality for the year (including the amounts required for the purposes mentioned in subsection 187(1) of the Act) and to give to CIBC promissory notes or bankers' acceptances, as the case may be, sealed with the corporate seal of the Municipality and signed by the Head and Treasurer for the sums borrowed plus interest at a rate to be agreed upon from time to time with CIBC. 2. All sums borrowed pursuant to this by-law, as well as all other sums borrowed pursuant to the Act in this year and In previous years from CIBC for any purpose will, 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 this revenue is received. 3. The Treasurer is authorized and directed to apply in payment of all sums borrowed plus interest, all of the moneys collected or received on account in respect of taxes levied for the current year and preceding years or from any other source which may lawluly be applied for this purpose. 4. The Treasurer is authorized to furnish to CIBC a statement showing the nature and amount of the estimated revenues of the Municipality not yet collected and also showing the total of any amounts borrowed that have not been repaid. L�— PASSED this Z,3,r,d day of /9`?3 HEAD Or THE MUNICIPALITY { SEAL} 40. CLERK • I hereby certify that the forgoing is a true and complete copy of the By-law numbered above of the Municipality in the Province of Ontario, duly passed at a meeting of the Council of the Municipality and that this By-law is in full force and effect. Dated this Z 3 ev day of / E.B.ertf>fiL�/ /99 3 Witness the corporate seal SEAL J • • CLERK 4 • THE MUNICIPALITY OF VILLAGE OF PORT BURWELL S Meeting . Fcbcucy.e23rck ,19..`13 i rFCc Moved By .------ ---- --. 1\ That leave be granted to introduce By-law 1693 Seconded By 41. ...ACL-f GSE4 nq - Ic. .3 40 toorroL,3 30o,0co and that By law presented herewith be read a first time. By-law read a -cs_st time • Moved By - sus- � :,C/' ------ I That By-law now read a first time be read a second time forthwith. Seconded By -_-- - - __ __�. .---.._-- -y-law read a .---- time -----.-____-- That By-law now read a second time be read Seconded By a third time forthwith. _._.. _...._. / / By-law rea a -itr time Moved By - I That By-law now read a third time do pass, be engrossed by the Clerk, and signed and Seconded By -.__--_-._. ---____-- - _- _-_-- sealed by the Reeve. O6,4,-leri THE CORPORATION OF THE VILLAGE OF PORT BURWELL BY-LAW NO. 93-05 A By-Law of the Corporation of the Village of Port Burwell being a By-Law to establish the retention period of certain records of the Corporation. WHEREAS the documents and records hereinafter referred to are of no further use or value to the Corporation and it is deemed expedient to provide for their destruction; THEREFORE BE IT ENACTED as a By-Law of the Corporation of the Village of Port Burwell as follows: 1. That the receipts, vouchers, instruments, files or other documents, records and papers must be kept by the municipality, including all local boards, commissions and committees, for the retention periods as set out in Schedule "A" to this By-Law, which Schedule shall be and form part of this By-Law. 2. This By-Law will be effective on the day it receives the approval of the Auditor of the Corporation. READ a first time this 17th day of March, 1993 READ a second time this 17th day of March, 1993 READ a third time and finally passed this 17th day of March, 1993 Reeve HUGH BROOKS Cle - reasurer DAVID FREE A ministrator • THE CORPORATION OF THE VILLAGE OF PORT BURWELL BY-LAW NO. 93-05 • SCHEDULE "A" SUGGESTED PERIOD SUBJECT DESCRIPTION OF RETENTION Accounting Accounts Payable 7 Accounts Receivable Uncollectible Accounts 7 Banking Cash Books 7 Cheque register, vouchers, purchase orders & invoices 7 Receipts, deposit slips, transfer of funds, etc. 7 Bank Statements 7 Cancelled cheques -general and payroll 7 Collectors Rolls P • Financial Statements Balance Sheets, Etc. P Inventory Perpetual records and physical count sheets 7 Journals and ledgers 7 General Ledger P General Journal P Subsidiary Accounts receivable, accounts payable, Etc. 10 Agreements Development Subdivisions, Etc. P Municipal Fire Area, Roads, Etc. P Council Records Minutes P By-Laws P Licence Record & Licences 10 Election Material 2 Declaration of Office 7 Correspondence General 7 • Engineering Correspondence 7 Drawings and Estimates 7 S Building Permits 7 Building Permit Records P Financing Debenture Register P Debenture Coupons (Paid) Term of Deb. + 2 Years Other Security Ledgers/Etc. P Insurance Accident, fidelity, fire, group liability, property, policies, claims 10 Workman's Compensation- Claim Records 10 Legal Claims P Contracts Government and other customers P Employees P Labour Unions P • Vendors 7 Deeds P Easements P Franchises P Leases P Mortgages P Options P Severance/Variance P Files Personnel Employees- active Applications/Personnel File P Commissions or bonus 7 Earnings Records P Payroll Summaries, Etc. 7 Time or Clock Cards 7 - separated Insurance, pension, retirement date and service record P • Employment Applications Unsuccessful 1 Sales Credit Memos, debit memos 7 Customers' orders- original only 77 • Customers' specifications 7 Invoices Taxes Provincial Income Tax Returns 7 Sales Tax Returns, Provincial 7 and Federal Withholding tax forms such as 7 T4, T-5 summaries and TD-1's 10 Major Tenders Major Minor (under $5,000 value) 5 III 411/ THE MUNICIPALITY OF VILLAGE OF PORT BURWELL 1111 Meeting 17 ,19 93 Moved By ' =�,4! ______________________ That leave be granted to introduce By-law* Seconded By - _ -- ' _- - j- 93 - OS 3e,1-\,D c - a.-3 40 cS-kabi-tsk_ `ii\c rc-k en-k-1 m per% od c, cer 4couN. rc Cse S CC `} __ Ccfper o. rn . and that Bylaw presented herewith be read a first time. • By-law read a _..-F'.LF-J / time Moved By --- ` CThat By-law now read a first time be read a second time forthwith. Seconded By 1\Ik- 5."-------- -- - --___-- By-law read ar4errAtz _ time 7 � Moved By _ ."...A.‘„, ` .4_ 4‘...________ That By-law now read a second time be read v a third time forthwith. Seconded By --•� - By-law read a ..._fs'_.....QG2_..__-...._.time Moved By \:.....\4 i�_-- •. iiThat / That By-law now read a third time do pass, be engrossed by the Clerk, and signed and Seconded .�`- _ _-__ sealed by the Reeve. 9 • 7 • The Corporation of the Village of Port Burwell • By-Law #93-06 A by-law to authorize the execution of a tax arrears extension agreement pursuant to section 8 of the Municipal Tax Sales Act, 1984, S.O. 1984, c. 48. WHEREAS the Corporation of the Village of Port Burwell has registered on the 18th day of March, 1992 a tax arrears certificate against the land described in Schedule "A" attached hereto and forming part of this by-law. AND WHEREAS section 8 of the Municipal Tax Sales Act 1984 provides that a municipality may by by-law authorize an agreement with the owner of such land to extend the period of time in which the cancellation price payable on the land is to be paid. NOW THEREFORE, the Council of the Corporation of the Village of Port Burwell ENACTS AS FOLLOWS: THAT an agreement be entered into by the Corporation with Douglas Hugh Brooks, the Owner of the land described in Schedule "A" to extend the time period in which the cancellation price payable on this land is to be paid beyond March 18, 1993. • THAT the agreement be in substantially the same form and contain the same terms and conditions as set out in Schedule "B" attached hereto and forming part of this by-law. THAT the Reeve and Administrator/Clerk-Treasurer be authorized to enter into the agreement on behalf of the Corporation. AND THAT this by-law becomes effective as of the date of the final passing hereof. PASSED THIS SE NTEE H DAY OF MARCH 1993. / per RE VE 7 A . , .f STRATOR CL' ' K-TREASURER 1110 SCHEDULE "A" • to By-Law #93-05 Description of the land: Plan 12, Part Lot 23 0.05 acres 30.00 frontage 82.50 depth III III SCHEDULE "B" • to By-Law #93-05 THIS AGREEMENT made in triplicate the seventeenth day of March, A.D., 1993, BETWEEN: THE CORPORATION OF The Village of Port Burwell. Hereinafter called the "Corporation". and Douglas Hugh Brooks Owner of the land Hereinafter called the "Owner". WHEREAS the Owner is the owner of the land in the Village of Port Burwell described in Schedule "A" attached hereto and forming part of this Agreement. AND WHEREAS the Owner's land is in arrears of taxes on the 31st day of • December, 1991 in the amount of $1160.80 and a tax arrears certificate was registered in the Registry (or Land Titles) Office on the 18th day of March, 1992 in respect of the Owner's land. AND WHEREAS under section 8 of the Municipal Tax Sales Act, 1984, S.O. 1984, c. 48, a municipality may by by-law, authorize an extension agreement be entered into by the Corporation with an Owner to extend the period of time which the cancellation price in the amount of $3872.61 in respect to the Owner's land is to be paid. NOW THEREFORE THIS AGREEMENT WITNESSETH that in consideration of the premises and of the covenants and obligations hereinafter contained, it is hereby agreed as follows: 1) The Owner shall pay the cancellation price plus further accrued interest and/or penalties to the Corporation by nine (9) monthly installments of $400.00 each, commencing March 20th, 1993 and continuing to November 20th, 1993, plus one (1) additional payment due December 20th, 1993, consisting of the then outstanding balance, including accrued interest and/or penalties. All such payments shall be made to the Corporation on or before the 20th of each month, from March, 1993, to and including December, 1993. • 2) If any payments referred to in paragraph 1 above are not made in full on • or before the due date thereof, this extension agreement shall immediately cease to be a valid, binding and subsisting agreement between the Corporation and the Owner, and the Corporation shall be immediately entitled to proceed pursuant to its tax arrears certificate in accordance with the Municipal Tax Sales Act, as amended or replaced, as if this extension agreement had never been entered into. 3) This extension agreement shall terminate immediately if the cancellation price plus further accrued interest and/or penalties is paid to the Corporation by any person. 4) In accordance with the Municipal Tax Sales Act, R.S.O. 1990, Chapter M. 60, any person may pay the cancellation plus accrued interest and/or penalties to the Corporation. Administrator/Clerk-Treasurer ' Ovid R. Free • -491116/144-444, / S7/93 Owne Douglas Hugh Brooks c __f jfcZ j,/ /P71411-CA /1 99 3 . .60114c•-- 1vLIJ- • • a THE MUNICIPALITY OF VILLAGE OF PORT BURWELL Meeting 17(10. -Ch 17 ,19 93 /. if/ Moved By - • 7 - --< ' -1101.%A That leave be granted to introduce By-laws Seconded By ------ V *q 3- Q TBG n qJ a bj - ‘cx "+0 aLx 4\cn 7-e., -4\ c x CC v.* czc\ cf o,_ ik.).4_ o..c2w-S tr S i am "c-Ct'ne.n l - I am and that By law presented herewith be read a first time. 111, By-law read a w.s.c7 time Moved By --------- -e)14 -f That By-law now read a first time be read a � `��, second time forthwith. Seconded By . .-..- By-law read - .CI L.k1 time Z.,......„ Moved By -- --- ---- That By-law now read a second time be read a third time forthwith. Seconded By orn - '/ By-law read a _-4'11C_L.rSls) time \\ ‘ Allikb Moved By X -- �iel That By-law now read a third time do pass, be engrossed by the Clerk, and signed and Seconded By .de - _ e .'(-„•-.._.-_ sealed by the Rewe. 1110 /1: IPtivii r JJcfv4i/ The Corporation of the Village of Port Burwell • BY-LAW NUMBER 93-07 A by-law to authorize The Corporation of the Village of Port Burwell to enter into an Agreement with The Corporation of the Township of Bayham to adjust their municipal boundaries. WHEREAS the Council of The Corporation of the Village of Port Burwell deems it expedient to enter into an Agreement with The Corporation of the Township of Bayham to adjust their municipal boundaries; THEREFORE THE COUNCIL OF THE CORPORATION OF THE Village OF Port Burwell ENACTS AS FOLLOWS: 1. THAT The Corporation of the Village of Port Burwell enter into an Agreement with The Corporation of the Township of Bayham to provide for the adjustment of their municipal boundary and that such Agreement be in the form hereto annexed and marked Schedule "A" to this by-law. 2. THAT the Reeve and the Clerk-Administrator be and are hereby authorized • and directed on behalf of the Corporation to execute the said Agreement and affix thereto the corporate seal of the Corporation and cause to be prepared and execute any documents, reports, forms and correspondence as may be required in order to give effect to the Agreement and the Application therein referred to. Moved by: /U~/ Seconded by: 1114\S,4\\\S---) That By-Law 93-07 be read a first time this 14 th day of September 1993 Carried: Moved by: � i. Seconded by: E0fitA;14 That By-Law 9307 be read a second time this 14 th day of September 1993 Carried: —4f%,, 44.4.Z . . .--&C Moved by: Seconded by: s ._.41.A......... 411 i That By-Law 93-07 be read a third and final time this '.(,),.day ofre,r'7"„r3Z7' 1990'3 LSA/ I .1.ZI//�!:I •eeve Administrator/Clerk-Treasurer / • I 111111.1111.11 • SCHEDULE "A" TO BY-LAW THIS AGREEMENT, made in triplicate this G Ai, day of Ja1$ 4ory /4�Y BETWEEN: THE CORPORATION OF THE VILLAGE OF PORT BURWELL Hereinafter called the "Village" OF THE FIRST PART AND: THE CORPORATION OF THE TOWNSHIP OF BAYHAM Hereinafter called the "Township" OF THE SECOND PART WHEREAS the Council of the Corporation of the Village of Port Burwell and the Council of the Corporation of the Township of Bayham agree that it would be mutually advantageous to adjust their municipal boundary to include within the Village certain lands now located in the Township; AND WHEREAS the Council of the Village of Port Burwell by by-law 91-25 dated the 13th • day of August 1991, applied to the Minister of Municipal Affairs (hereafter called the "Minister") for initiation of the procedures provided for in the Municipal Boundary Negotiations Act, R.S.O., 1990, c.M-49; AND WHEREAS the Village and the Township have come to an agreement respecting the resolution of the intermunicipal boundary issue; AND WHEREAS it is expedient to have this Agreement in written form so that the parties may request that the Minister recommend to the Lieutenant Governor in Council that an Order giving effect to this Agreement he made pursuant to the Municipal Boundary Negotiations Act. NOW THEREFORE WITNESSETH that in consideration of the premises and the mutual terms and conditions hereinafter contained, the parties hereto agree as follows: 1. Area to be annexed by the Village of Port Burwell On January 1, 1994, or such later date as is provided for in the Order of the Lieutenant Governor in Council (hereinafter called the"annexation day"), the portion of the Township described in Schedule "A" to this Agreement (hereinafter referred to as "the area to be annexed by the Village") shall be annexed to the Village. • 2. Township Assets and Liabilities a) All real property of the Township located in the area to be annexed by the Village shall vest in and become the property of the Village on annexation day. h) All assets and liabilities, excluding all real property of the Township attributable to the area to he annexed by the Village shall remain the assets and liabilities of the Township. c) For the purpose of this paragraph, real property shall be deemed to include any highway, street fixture, waterline, easement and restrictive covenant running with land. 3. Real Property Taxes of the Village a) All real property taxes levies under any general or special Act and uncollected in the area to be annexed to the Village which are due and unpaid on the day prior to the annexation day shall, on annexation day, become a debt owed to the Village and may be collected by the Village. • h) The Clerk of the Township shall forthwith prepare and furnish to the Clerk of the Village a special collector's roll showing all real property taxes or special rates assessed against the lands in the annexed area up to the annexation day and the persons assessed therefore. c) The Village shall pay to the Township on annexation day or within 3 months thereafter, an amount equal to the amount due and unpaid in subparagraph (a). 4. Business Taxes All business taxes levied and uncollected in the annexed area which arc due and unpaid on the day prior to annexation day shall continue after that date to he taxes due and payable to the Township and may be collected by the Township. 5. By-laws in area to he Annexed by the Village of Port Burwell The by-laws of the Village in force on annexation day, shall as of that date extend to the area to be annexed by the Village and any Township by-law then in force in the area to be annexed by the Village shall as of that date cease to apply to that area, save and except: • • a) Township by-laws that were kept in force by subsection 13(3) of the Municipal Amendment Act, 1941 and Township by-laws passed under the Highway Traffic Act or the Municipal Act that regulate the use of highways by vehicles and pedestrians and that regulate the encroachment or projection of buildings or any portion thereof upon or over highways, which by-laws shall remain in force until repealed by the Council of the Village. b) Township by-laws of the Corporation of the Township of Bayham passed under section 45, 58 or 61 of the Drainage Act or a predecessor of those sections; c) Township by-laws conferring rights privileges, franchises, immunities or exemptions that could not have been lawfully repealed by the Council of The Corporation of the Township of Bayham. 6. Development Charges a) By-laws of the Corporation of the Township of Bayham passed under Section 3 of the Development Charges Act shall remain in force until the earlier of, • i) the date they are repealed by the Council of the Corporation of the Village of Port Burwell, and ii) the date they expire under subsection 6 (1) or (2) of the Development charges Act; b) The Township shall pay to the Village on annexation day or within 3 months thereafter, development charges in the amount of$0.00 collected for property within the annexed area. 7. Assessments The Regional Assessment Commissioner shall be requested to prepare the assessment roll for the purposes of taxation on and after the annexation day and subsequent years for the annexed area on the same basis that the assessment roll for the Village is prepared. 8. Limitation a) The Province of Ontario supports and encourages the resolution of intermunicipal boundary and boundary-related issues by the party • municipalities, pursuant to the Municipal Boundary Negotiations Act. h) The parties recognize that this Agreement does not in any way hind the Province of Ontario and that, i) this Agreement does not imply or anticipate an alteration in the policies or programs of the Province of Ontario, its agencies, boards or commissions: and, ii) the implementation by Order-in-Council of this Agreement does not imply any right to preferred treatment under any program of the Province of Ontario, its agencies, boards or commissions. c) Where any provision of this Agreement is declared invalid by any court or other tribunal, the balance of this Agreement shall remain in force and binding upon the parties. 9. Binding on Successors • This Agreement shall be binding on the successors and assigns to the parties hereto. IN WITNESS WHEREOF this Agreement has been executed by the parties hereto under their respective corporate seal. THE CORPORATION OF THE VILLAG• OF PORT BURW • j /003 Per: . 4 ��we Per: ?. THE CORPORATION OF THE TOWNSHIP OF BAYHAM Per: • A e t v e Per: i cierx • SCHEDULE "A" TO AGREEMENT THE AREA TO BE ANNEXED BY THE VILLAGE The legal description of the area to be annexed by the Village of Port Burwell from the Township of Bayham is as follows: Parts of Lots 2 and 3 West of Erieus Street, Lots 1, 2 and 3 East of Erieus Street, Parts of Lots 4 and 5 East of Erieus Street, Lots 1, 2, 3 and 4 West of Strachan Street, Part of Lot 5 West of Strachan Street, Lot 5 Fast of Strachan Street, Unnumbered Blocks East of Erieus Street and West of Strachan Street, Unnumbered Block East of Strachan Street and South from Hagerman Street, Parts of Hagerman Street, Erieus Street and Strachan Street, all on Registered Plan 12 and Lots 6, 7, 8 and 9, Slope of Bank, Parts of Lots 1, 5, 10 and 15 and Part of George Street all on Registered Plan 197 and Part of the original bed of Lake Erie lying in front of Lots 11 and 12, Concession 1, in the Township of Bayham, County of Elgin and designated as Parts 1 and 2 on Plan 11R-5137. • /3998hk • iNIIMMIMIMMII _' • CairoY ve r �' r((�, •• • 1't Froggett• '.. i 'd , . ' , 1 , 11, Il' ,• I• 1,I. • Cornea i • P , • 'i r .�c 4 • L 1 r'. (6•,:- •,l ,_ 1 S 4i..Y 1 1 r' it I 1n• , ja �, V •:SMI• '; l I • 1 ' 7f , • I VI .ii 111 i 1 �f e, , 1t 1 L ' •.1 Ur x1% :' I' '; „ r \ % 1, ' I, I. S. I I • '11 ' ' , 1 , \ IYi �1'. -1.3 11 ,i . I I 1 , \ V )- 7, to . ' 'r, ,41 !� ,)4,-tzi . ..re --4\;c Ni., r \ p i jk •I ' :. -lam �_ Ii.:1., _..\,,i, io� ! '� a° ' 11' VI ' ..../ ` o " _ 'I I' 49' -,\ , i spe:ii Inil' „c,\11-1 1.....-1--""-Vjits-,' .11 r 1 , 11*/ i$dn r.) S"el t 'i I r e 1 • I • 1 r �, .',flift I'urc •' k'` T %r"nl , r1 ,,, *�1_ 'Ir, Crab Burwell t 1' L t I IROQUOIS REACH I'I <<"' \ - ! PROVINCIAL PAR v I I! N ,NPO1 ,.\\ \ �. •L . tt W. 1 . 1' I I ; I I 11 I;i I'! ':1 Area Subject to 4 Annexation Proposal I i I { 1 I I I i i , I I • I i 3 1'. 1 I I 14 PORT BURWELL. 1 ANNEXATION ' . 1 i PROPOSAL . Sca'e I : 50,000 1 FOR ILL4USTRATION ONLY , ! CORPORATION OF THE 411 TOWNSHIP OF BAYHAM BY-LAW NO. 93-48 A BY-LAW TO AUTHORIZE THE CORPORATION OF THE TOWNSHIP OF BAYHAM TO ENTER INTO AN AGREEMENT WITH THE CORPORATION OF THE VILLAGE OF PORT BURWELL TO ADJUST THEIR MUNICIPAL BOUNDARIES WHEREAS the Council of the Corporation of the Township of Bayham deems it expedient to enter into an agreement with the Corporation of the Village of the Port Burwell to provide for the adjustment of their municipal boundaries. THEREFORE THE COUNCIL OF THE CORPORATION OF THE TOWNSHIP OF BAYHAM ENACTS AS FOLLOWS. 1. THAT the Corporation of the Township of Bayham enter into an agreement with the Corporation of the Village of the Port Burwell to provide for the adjustment of their municipal boundaries and that such agreement is attached hereto as Schedule "A" and forms a part of this by-law. 2. THAT the Reeve and Clerk be and they are hereby authorized and directed on behalf of the Corporation to execute the said agreement and affix thereto the corporate seal of the Corporation and cause to be prepared and execute any documents, report, forms and correspondence as may be required in order to give effect to the agreement and the application therein referred to. READ A FIRST AND SECOND TIME this 2nd day of September, 1993. READ A THIRD TIME AND FINALLY PASSED this 4th day of November 1993. • Alli/ 1 REEVE CLLrRK 1/11 1, DC' 1, tY.'LEOD, Clerk of the c•f the Tov'nship of Beyham, og ti . t ' ,crugoing is a certified t uo copy, Gated this 9fA day of De 199 dik Dc�ald . T''J�"' 0 0 THE MUNICIPALITY OF VILLAGE OF PORT BURWELL rel eeting .37-LA..fr._, cQ. ,19 93 Moved By fA_____. ...„... ,.- ° That leave be granted to introduce By-law to Seconded By Per ry .,--t- ---0-\c_ % kk o - --C rer k —5,--KILLz_..1\ --kJ __I-N*ex ck. 10,nd 1c_c)..s•e._ off e_c.r-r.e_r.A- ,,,k-i-1-\ 34 5-99 0 ,4, (y1 ckcck pe.,1 --A-V\cc>.-tkoLciNecl (_ACCI- -i 0 I•c.0.-SC. and that Bylaw presented herewith be read a first time. By-law read a — time Aili / Moved By __hfitt..:i . •-• / 0/ That By-law now read a first time be read a second time forthwith. Seconded By .____. ......ZW„ .„ / By-law read a ____SZ.C.M.dt. lime Moved By ___..7".... That By-law now read a second time be read a third time forthwith. Seconded By : .411i. . . - of. .. , - By-law read a ...14M-CC.L.---time .A ille& .. 1-- Moved By aii6,0-sk That By-law now read a third time do pass, UPI be engrossed by the Clerk, and signed and Seconded By ..., ...-4;211)..--6 _ sealed by the Reeve. orm 1 • • .wwN Lee,11/r ew 11..t OMrvff••111•9011•11.1, ew,lW„1w ' f I••.R ►e Nf.111 Ofr1f, w►vnRf 11104 1rtji, itectc made lire first day of June one Ihonsand nine initiated end ninety-three in pursoence of the Short rnrnrs of Leases Act NrI uccn 345990 UNIARIO IIMI1E1) 2 Sl . Claire Ave. , W. Suite 1000 Toronto. Ontario herein celled the "Lessor,” of the Mel raft end lhe- Corporallon of the Village of Port Burwell 21 Pitt Street Purl Burwell , Ontario NUJ 110 herein celled the "Lessre" of the Second rail {VIl NESMITH. that hi emrsldefnllon of the tent,, covenants end a(treernenl, herehrefler teaevved end conlehred on the pert of the Lessee, the Leiner doth demise end lease nolo the Leasee, his executors, erlimInIstrelora,end reaslafyr, ' all that Irri(iltif Shaped tract or parcel of lend lying and being in the village of Port Burwell, County of Elgin and Province of Ontario, consisting of Pert 1, Part 2, and a portion of Part 3 from its southermest boundary to the southerly boundary of the easterly extension of Drury Lane, as shown on deposited Plan 1111-990, all parts containing a total of four hundred and fourteen thousand, one hundred and sixty-five square feet (414.16$ so. ft.) more or_less, as shown shaded en the drawing attached hereto as Schedule B . prepared by the lessor. which Is hereby declared to be a part of this lease, said plan being signed by the Parties hereto for demised premises'. ) (1/4/ ) 0 • • thoe 1 wos No 191. TO HAVE AND TO HOLD the said demised premises for and during the term of three bove sod Phew Mt years to be eomputed from the first day of Liune one thousand nine hundred and ninety-three and from thenceforth next Pluming end fully to be complete and ended. May 31st , 1996. YIELDING AND PAYING therefor yearly and every year during the weld term veto the told Lessor the sum of One Thousand dollars, to be payable on the following days and times, that Is to say: June 1 , 1993, June 1. 1994, June 1, 1995 the first of such payments to become due and he made en the first day of June. 1993 next. and the het payment to become this and be paid in advance on the first day of June, 1995. T11E Lessee covenants that he will not do or permit to be done on the geld premises anything which may be annoyingto the Lesser, or which the Lessor may deem to be a nuisance. and that the Leasee will use anti occupy the Pahl premises will not carry on or permit to be carried en therein any ads er business other Ulan that of parking lot , fish- cleaning station, tackle and bait sales , mobile chip wagon ANt) the said Lessee covenants with the said Lessor to pay rant: and to paw taxes including local improvements:and to pay water rates;and to repair, reasonable wear awl tear and damage by lire,lightning and tempestssonly excepted; and to keep up fence*= and not to cmd down thnber' end that the Pahl Lamer mayenter and view state of repair. and that the said Levee* will repair according to notice In writing reasonable wear and leer and damage by Are, lightning and tempest only excepted; and will net assign or sub-let without leave, anti stick cmtse,,t may, 'tolarihstantling the provisions of Section 22 of Chapter 232 of the Revised St atutee of Ontario 1900, be arbitrarily refused by the Lessor In his sob and uncontrolled diaeresis,. AND will not carry on upon the*aid premises any beslne*s that may be deemed a nuisance. AND that he will leave the premises In goal repair.reasonable wear and tear and damage by Are, lightning and tempest only excepted. TIIE Lessee covenants that he is the sole owner of all goods and chattels that are to be brought upon the premises, and that they are free from any mortgage, Ilea er ether charge. PROVIDED that the losses may remove his fixtures if all rent due hereunder has been pald. '!lte�lb. . NL-4he PROVIDED that, in the event of the destruction or partial destruction of the snid premises, the Lessor may declare the term herebyranted to be forthwith terminated and In inch event rent shall be payable up to the time of such destruction or partial destruction. PROVIDED oleo that during the last two months of the said term any etraateer or strangers may inspect the Reid premises on any day except Sunday. en producing • written order to that efreet signed by the Lessor. PROVIDED that the Lessor may place upon the ash! premises at any lime during the veld term a notice that the said premises are for sale. and within two menthe prior to the ter- minating of the sold term may place a notice on the said premises that they are to he let. and the Lessee agrees that he will not remove such unties,or permit there to be removed. "II V1IIEDTItso An it Inn t all be et any time pelted or taken In execution or M attachment by enylieditor f the .. or If a writ of execution shall Issue against theMR or ehettels of the Leesee. er I j�c shall execute any chattel mortgage er Mt) of.sale of any of his coda or chattel*. �sll the Lessee shall make any bsei nment for.the heneft of creditors, i becoming bankrupt rent shall take the benefit of sn Aet that may be In force or bankrupt or insolvent re, er he ease the oadd porn sea become vacant and Po email for the period of �ya;er be steed for anyother purpose J hen that for which they were let,or se the I.elfeee shall attempt to andon the said remises, or to sell or dispose of his gout chattel* an that there would not In the vent of'Inch sale or disposal be. In th7raptnlot the Lessor.a euflleient dl*treas on the smiles for the then scenting ten Nlen the cutlets lh's rent,together with the rent or the three months next ng and the taxes fe then enrrent year (to he eckoned on the rate for ext preceding year in case the r hall net have been Axed or the then current .shall Immediately become dee and poly and the sold term .hall, at the opt . . the Lessor, forthwith become forfeited end los'', and the .eseor may a ' and take potleeeclon of the said promises se though ssee vino olding • after the exp('l-retknl of the said term, and In every of the above c . such 1 I • 'en ere.y toeer2ie1!ietl�410101.N! nrib19 b7.th11� J(t.lhtluan>Jeinann e, rnovIDL►D that In case of removal by the Lessee of his goods anti chntiels from the `,remises, the Lessor may follow Ihem fur thirty dnys In the some manner as Is provided for in the Act Respecting E'raudulcnt and Clandestine Removal of Goole. ( ) 11U ) • • r.,,.K..79/ THE Lessee covenants that he will not do or permit to be done any act or thing which • may make void or voidable any insurance upon any building, or part thereof, upon the said premises, or which may cause any increased or additional premium to be payable for any such insurance. T11E Lessee shall not allow any ashes. refuse, garhnge or other loose or objectionable material to accumulate In or about the building, yards or passages of the said premises, and will at all times keep the said premises in clean and wholesome condition. .. 4 .-hwll, THE Lessee covenants that he will keep the sidewalks In front and at the sides of the said premises free of snow and ice; and that the Lessee shall not, during the said term, injure or remove any shade trees,shrubbery,hedges or other tree or plant which may be In,upon or about the said premises, and that he will keep in good condition the boulevard and other sodded spaces about the said premises. PROVISO for re-entry by the said Lessor on non-payment of rent or non-performance of covenants. PROVIDED also that in the case of a seizure or forfeiture of the said term for any of the causes herein set forth, the Lessor shall have the same right of re-entry as is given under the next preceding proviso. PROVIDED that notwithstanding anything herein contained the Lessor's right of re- entry hereunder for non-payment of rent or nen-performance of covenants shall become exercisable immediately upon default being made. THE said Lessor covenants with the said Lessee for Quiet enjoyment. IN consideration of the foregoing and of the leasing and letting by the Lessor to the Lessee of the premises herebydemised for the term hereby granted (and it Is upon that express understanding that tis indenture is entered into), the Lessee hereby covenant! and agrees with the Lessor that notwithstanding anything in Section 30 of Chapter 232 of the Revised Statutes of Ontario 1980, or In any other section of the said Act, or in any other Ret now In force or which may hereafter be passed,none of the goods or chattels of the Lessee on the said premises at any time during the continuance of the said term shall be exempt from levy by distress for rent in arrear by the Lessee as provided for by any Act above referred to, and that upon any claim being made for such exemption by the Lessee, or on distress being made by the Lessor, this covenant and agreement may be pleaded as an estoppel against the Lessee in any action brought to test the right to the levying upon any such goods as are named as exempted In any Act above referred to,the Lessee waiving, as he hereby does, all and every benefit that could or might have accrued to him under and by virtue of any such Act but for the above covenant. AND it is hereby agreed between the parties hereto that should the Lessee remain in possession of the said premises after the determination of the term hereby granted, without other special agreement, it shall be as a monthly tenant only, at a rental of $ 100.00 per month, payable In advance on the first day of every month, and subject in other respects to the terms of this lease. TI?!L3Ree flEtet ktnfwtedgvs-t whlelrhnt . Schedule "A" attached hereto forms part of this lease. IT iS agreed between the parties hereto that every covenant, proviso and agreement herein contained shall enure to the benefit of and be binding upon the parties hereto, and their heirs, executors, administrators aueeessors and assigns, and that all covenants herein contained shall be construed as being joint and several and that when the context so requires or permits the singular number shall be read as if the plural were expressed. and the masculine`ender as if the feminine or neuter,as the ease may be,were expressed. 111 13Il1ltlteee IMbereot the parties hereto have hereunto set their hands and seals. %Iencb. %cadet► nob Nellnercb in the presence of 345990 ONTARIO LIMITED per: itfill" THE CORPORATION OF THE VILLAGE OF PORT BURNELL PM!: ,ice per: Pi _:,:A,. MEW M SCHEDULE 'A" To the LPnse dated the 1st day of June, 1993 Between The Corporation of the Village of Port furwell (the Lessee ) 345990 Ontario Limited 2 St : Claire Ave, w. Toronto, Ontario M4V 1L5 (Lessor) - 1 . INSURANCE The Lessee shall take out and maintain, with respect to the premises and the Lessees use thereof, insurance policies of all risk, earthquake, flood and public liability coverages up to such limits as the Lessor may from time to time reasonably determine and will provide certified copies of such policies to the'Lessor. 2. INDEMNIFICATION BY LESSEE The Lessee shall indemnify and save harmless the Lessor from any and all liabilities, damages, costs, claims, suits or actions growing out oft (a) any breach, violation or non-performance of any covenant, condition or agreement in this lease set forth and contained on the part of the Lessees to be fulfilled, kept, observed and performed, and (b) any damage to property howsoever occasioned by the use and occupation of the Demised Premises and Complex or of the buildings, structures, improvements, fixtures, equipment, machinery and facilities comprised therein and any injury to any person or persons, including death resulting at any time therefrom, occurring in or about the Demised Premises and Complex or any building, structure, improvement, fixture, equipment, machinery or facility comprised therein and arising from or occasioned by any cause whatsoever, U ' Schedule "A" - Page 2. and such indemnification in respect of any such breach, violation or non-performance, damage to property, injury or death occurring during the Term shall survive the termination of this Lease, anything in this Lease to the contrary notwithstanding. If the Lessor shall be made party to any litigation commecned by or against the Lessees, then, unless in such litigation or otherwise it shall be established that the Lessor was solely at fault, the Lessees shall protect, indemnify and hold the Lessor harmless and shall pay all costs, expenses, and reasonable legal fees incurred or paid by the Lessor in connection with such litigation. The Lessees shall also pay all costs sxpenses and legal fees (on a solicitor and his client basis) that may be incurred or paid by the Lessor in enforcing the terms, covenants and conditions in this Lease. 3. TERMINATION This Lease may be terminated prior to the expiry of the terms by either party by the giving of Thirty (30) days written notice, effective on the date delivered, at the following addresses: Lessees Village of Port Burwell, P.O. Box 10 Pitt Street i Erieus Street, Port Burwell, Ontario. NOJ 1TO LessAt: 345990 Oncario Limited 2 St . Claire Avenue, Nest Suite 1000 • Toronto, Ontario 4. CONDITION OF PREMISES The Lessee accepts the Lands and any structures theron in "as is" condition . The Lessee also agrees that, at the expiry of the Term or the earlier termination thereof , it will remove any improvements it has made unless the Lessor advises in writing that it wishes the improvements be left. i ,� a � • , : . • 4 .--'•PONECEZE, '=Y' • SCHEDULE 8 • 4 n i ` .•�• , i I ! i I. ` ....,•, • 4:.- 4-..7.-1-.2‘ ' / I I •�- LL i ' •'1' • • �� • T . - ., 11 • _ 1. • I . . . ; .,� 1 . • • r • -' • I SI ----t ..- , • t . \ • i 1 , :i,. --- ..- , ‘ .. , • . . „__&s. • ;, -,,, I • 1 i "' Milks.. •• 1 1 ' r'= —L .div-i • ' i Y I� AY. • • .... t•J ♦ t .. S • AGREEMENT This AGREEMENT made the I sT' day of n-.4•,e , 1993, between 345990 ONTARIO LIMITED (hereinafter called the Lessor), of the one part, and THE CORPORATION OF THE VILLAGE OF PORT BURWELL (hereinafter called the Lessee), of the other part. WITNESSES: WHEREAS: (1) This agreement is supplemental to a Lease (herein called the lease) dated the first day of October, 1991 between the same parties whereby the Lessor leased to the Lessee the premises known as approximately three acres bounded by Pitt Street on the south, Big Otter Creek on the west, Bridge Street on the north and C.P.R. property on the east (more particularly being the vacant land at Part 7, 8 and 9 on Plan 11R-990 Village of Port Burwell less that portion presently leased to Tai Hu Trading Company Limited); (2) The parties intend to alter the terms of the lease effective as of June 1st, 1993 in the manner set out below: NOW THEREFORE 1. The terms of the lease are hereby amended in the following manner: (a) the premises shall be extended to include all land owned by the Lessor in the area bounded by Pitt Street on the north, Robinson Street on the east, Lake Erie on the south, and Big Otter Creek on the west. These lands are more particularly described as Parts 5, 6, 10, 11, 12, 13 and 14 on Plan 11R-990 Village of Port Burwell, deposited in the Registry Office for the County of Elgin (No. 11). All as shown outlined in Red on Schedule A attached hereto. (b) the Lessee accepts the Additional Lands "as is". (c) the rent payable under the lease (more particularly $1,000.00 per year) shall be unchanged by the additional lands. The Lessee shall be responsible for taxes and all other charges assessed to the lands as provided for under the lease. 2. The lease as amended shall hereby continue in full force for the remainder of the term. IN WITNESS WHEREOF the parties hereto have hereunder set their hands and seals. SIGNED, SEALED AND DELIVERED in the presence of 345990 ONTARIO LIMITED per: !LA THE CORPORATION OF THE VILLAGE OF PORT BURWELL per: a per: �.i.4 _ �.►: / .waA • • 0 6" --/--7------ . , \ \ . -7- 1 r .. / _. -\ to F \ • _. // r i k . K[ �\ \ —---— DCTML k ' . V \ � — --- -1eg \ _ r Wilt 701 I }• f e ff� s,r.� ag A•` I ••+r r• •• '' �ir.w • - • 1.7?-4C-7.1' [ L �J SIE DEI'•'YI ~� A If ••04;" . • n...- Mred • �� _�. o •'o)a ' • • — - ' a':L+..:2.� tel•. ... «9 ) • 1 • ,PART 1 ,+.[ ouascs 1 ,. • 'VIM* �r `1M" Mnl •� I " •60.40 - O t - 1 ..i� �' M ,w! 1 :rx- 7i2 I :IST :! V v, ' F - -- �V:--- �•- ,. 10 • �;.� lit►"•'j �:,. ;a3J7 o A j « lasa' - _ --i— ,--y-.r r` • - SEEDET►L"B .3,>a Y[y ..1rOo• w D • it , r d 3' LOT s , CONCESSION rA W 1 % P: _. lv rn VPART 5 r o NI*s• S' min.M,•« • 4 * T` - • h- 11.8 Z 6 1 I 8 '^•1.0 -wa..oz • �a —, • i I:iS'. Til :!!'.2 r:>T i•.•'29 Y • � • Nit,. 1• ` •,•n" • fr (9 C • n= I r• :r.J; n/ Is:p I6 Al m N• r) Q. I r* k _ s • I 441 MITI .w'r err,Off.. ,.. --1 k l M' K 1 1 IN w . r. A 1 k i 1R v B I t+ S 0 t. 1E /I 1 i i 1 T Ip —alb i•.•s.uL ... 4444. •..w./1a, - v7i:IJC • C��.�.�' - - _ . . THE CORPORATION OF THE VILLAGE OF PORT BURWELL ; PO Box #10 21 Pitt Street Port Burwell ON NOJ 1TO • \ BY-LAW 93-09 Being a by-law to revise and to consolidate certain by- laws regulating traffic and the parking of motor vehicles in the Village of Port Burwell. THE COUNCIL OF THE CORPORATION OF THE VILLAGE OF PORT BURWELL ENACTS AS FOLLOWS: SECTION A Definitions, Interpretation 1.0 In this By-Law: 1.1 "AUTHORIZED SIGN" means any sign or device placed or erected on a highway or on a designated fire route, under the authority of this by-law and the Village's Public Works Superintendent or Police, for the purpose of regulating, warning or guiding traffic. 1.2 "BICYCLE" is a vehicle as defined under the Ontario Highway Traffic Act. 1.3 "BOULEVARD" shall be construed to mean that portions of every highway or road allowance within the limits of the Village of Port Burwell which is not used as a sidewalk or as a travelled roadway. 1.4 "COMMERCIAL MOTOR VEHICLE" means a motor vehicle as defined under the Ontario Highway Traffic Act. 1.5 "CORNER" with reference to a highway intersection means the point of intersection of the lateral curb lines or, in the absence of curbs, the extension of the edges of the roadways. 1.6 "CORPORATION" means the Corporation of the Village of Port Burwell. 1.7 "COUNCIL" means the Council of the Corporation. 1 1.8 "CROSSOVER" means a crossover as defined under the Ontario Highway Traffic Act. 1.9 "CURBLINE" means where the curb is constructed, the line thereof; where no curb is constructed "curbline" shall be constructed as meaning the edge of the travelled portion of the highway. 1.10 "DESIGNATED FIRE ROUTE" or"FIRE ROUTE" means any part of a private roadway designated as a fire route under the authority of this by-law. 1.11 "DESIGNATED PARKING SPACE" or "DESIGNATED DISABLED PERSON PARKING SPACE" means a parking space located on any public highway in the Village of Port Burwell or on a Village owned or occupied by the municipality or any local board thereof designated for parking of vehicles, and marked by an official sign to he for the sole use of vehicles displaying a disabled person parking permit. 1.12 "DISABLED PERSON" is a person as defined under the Ontario Highway Traffic Act. 1.13 "DISABLED PERSON PARKING PERMIT" means a disabled person parking permit issued under the Highway Traffic Act. 1.14 "DRIVEWAY" means improved land on a highway which provides vehicles access from the roadway to a laneway or a parking area on adjacent land. 1.15 "GROSS WEIGHT" as defined under the Ontario Highway Traffic Act. 1.16 "HEAVY TRUCK" means any commercial motor vehicle which has a registered gross vehicle or gross weight exceeding 3,0(X) kilograms according to the current permit or vehicle registration which has been issued under the Highway Traffic Act, regardless of the actual weight of such vehicles, but does not include a vehicle operated by or on behalf of the Corporation or a school bus which is in the course of transporting children or mentally retarded adults to and from school. 1.17 "HIGHWAY" means a public road allowance as defined under the Ontario Highway Traffic Act. 1.18 "HIGHWAY TRAFFIC ACT" means the Highway Traffic Act, R.S.O. 1990 c. H. 8 2 1.19 "HOLIDAY" means a day appointed or proclaimed by the Government of Canada, the Province of Ontario or the Village of Port Burwell to be celebrated as a public holiday and includes: Sunday, New Year's Day, Good Friday, Easter Monday, Labour Day, Thanksgiving Day, Remembrance Day Christmas Day and Boxing Day. 1.20 "INTERSECTION" as defined under the Ontario Highway Traffic Act. 1.21 "LANEWAY" means improved land adjacent to the Highway which provides access from the highway to a parking area or to commercial property on adjacent land. 1.22 "LOADING ZONE" means the part of a highway set apart for the exclusive purpose of parking a school bus to load or unload the same. 1.23 "LOCAL BOARD" means a school klard, public utility commission, police services board, planning advisory committee, or any other board, commission, committee, body or local authority established and exercising any power or authority under any general or special Act with respect to any of the affairs or purposes, including school purposes, of a municipality or of two or more municipalities or parts thereof. 1.24 Reserved 1.25 "MOTOR VEHICLE" means a motor vehicle as defined under the Ontario Highway Traffic Act. 1.26 "M.T.O." means the Ministry of Transportation of the Province of Ontario. 1.27 "MUNICIPALITY" means the Corporation of the Village of Port Burwell. 1.28 "OFFICER" means the Peace Officer of the Ontario Provincial Police Service, Port Burwell Police Service or any person authorized by Council and charged with the enforcement of this by-law. 1.29 "OFFICIAL SIGN" means a sign approved by the M.T.O. and erected by the municipality pursuant to this by-law. 1.30 "PARK" or "PARKING" as defined under the Ontario Highway Traffic Act. 3 1.31 Reserved 1.32 Reserved 1.33 "POLICE OFFICER" means a Peace Officer of the Ontario Provincial Police or of the Port Burwell Police Service. 1.34 "PRIVATE ROADWAY" means any private road, lane, ramp or other means of vehicles access to or egress, not owned or maintained by the municipality of the Village of Port Burwell, from a building or structure and it may include part of a parking lot. 1.35 "ROADWAY" as defined under the Ontario Highway Traffic Act. 1.36 "SIDEWALK" includes all such parts of a highway as are set aside by the Corporation for use by the general public for the passage of pedestrians. 1.37 "STAND"or "STANDING", as defined under the Ontario Highway Traffic Act. 1.38 "STOP" or"STOPPING", as defined under the Ontario Highway Traffic Act. 1.39 "TIME" means standard time except in periods when daylight savings time is in effect, in which periods it shall mean daylight savings time. 1.40 'TRAFFIC CONTROL SIGNAL" as defined under the Ontario Highway Traffic Act. 1.41 'TRAFFIC CONTROL SIGNAL SYSTEM" as defined under the Ontario Highway Traffic Act. 1.42 "U-TURN" means the turning of a vehicle within a roadway so as to proceed in the opposite direction. 1.43 "VEHICLE" as defined under the Ontario Highway Traffic Act 1.44 "VILLAGE" means the Corporation of the Village of Port Burwell. 4 SECTION B Abbreviations 2.0 In the Schedules to this by-law, the following abbreviations and symbols stand for the words illustrated below: 2.1 Ave. - Avenue Blvd. - Boulevard St. - Street Cres. - Crescent Ct. - Court Dr. - Drive Rd. - Road 2.2 mm - Millimetre cm - Centimetre m - metre km/h - Kilometres Per Hour kg - Kilograms 2.3 A.M. - Ante Meridian P.M. - Post Meridian SECTION C Interpretation 3.0 In this by-law, 3.1 All distances/dimensions are indicated in the metric measurement. 3.2 A word interpretated in the singular number has a corresponding meaning when used in the plural. 3.3 Reference to the masculine gender shall be interpreted to mean the feminine gender as well as masculine. 3.4 The word "may" shall be interpreted to be permissive. 3.5 The word "shall" shall be interpreted to be imperative. 5 SECTION D General Provisions, Traffic 4.0 APPLICATION 4.1 This section shall apply to all highways under the jurisdiction of the Village of Port Burwell. 5.0 ENFORCEMENT 5.1 This Section may be enforced by a police officer or municipal law enforcement officer appointed by the Council or by any person designated pursuant to the Provincial Offenses Act as a provincial offenses officer for the purposes of all or any of the offenses under this Section. 6.0 TEMPORARY PROVISIONS 6.1 The Ontario Provincial Police and/or the Public Works Superintendent are hereby granted authority to make temporary provisions for the safety of pedestrians and the safe movements of traffic in the Village, or any part thereof, by means of highway marking signs, temporary curbs and safety devices, as deemed necessary as a result of accidents, emergency or planned construction projects, parades, or other occasions where such provisions are required. 6.2 Wherever possible, such temporary provisions shall be confirmed by resolution of Council prior to being implemented. 7.0 HIGHWAY TRAFFIC ACT 7.1 The provisions of this by-law are subject to the provisions of The Highway Traffic Act and Regulations thereto. 8.0 DISPLAYING VEHICLES FOR SALE 8.1 No person shall park any vehicle on any highway for the purpose of displaying the same for sale. 9.0 EXEMPTION OF MUNICIPAL VEHICLES 9.1 This by-law does not apply to vehicles operated by the municipality from time to time for municipal purposes. 6 10.0 FUNERALS AND PARADES 10.1 No person shall drive any vehicle, except emergency vehicles, between the vehicles in any duly authorized parade or funeral procession on any highway. 11.0 PLAYING ON PAYMENTS 11.1 Reserved 12.0 PROHIBITION OF REPAIRING, WASHING, WAXING OR GREASING OF VEHICLES 12.1 No person shall make use of any roadway for the purpose of washing, waxing, greasing or repairing any vehicle, except such emergency repairs as are necessary to enable the vehicle to be removed from the highway, and disabled vehicles shall be removed or caused to be removed from the highway by the driver or owner without delay. 13.0 RULES OF THE ROAD NOT PROVIDED FOR IN THE HIGHWAY TRAFFIC ACT 13.1 No driver of any vehicle shall drive within, upon, across or along any sidewalk, path or boulevard except at a driveway, unless the need for such use of a motor vehicle is created by an emergency, or such motor vehicle is actually engaged in works undertaken by or on behalf of the Village of Port Burwell. 14.0 UNAUTHORIZED SIGNS 14.1 No person shall place, maintain or display on any highway, any unauthorized device which is an imitation of, or purports to be, or resembles any official sign or signal, or which purports to direct parking or the movement of traffic or the actions of operators of vehicles. Any such device shall be deemed a public nuisance and any Police or other Officer authorized to enforce this By-Law, may remove the same without notice. 15.0 U-TURNS 15.1 No person in a motor vehicle shall make a U-turn on any portion of roadway which lies within the Village of Port Burwell as set out in Schedule I attached to this By-Law. 7 16.0 PROHIBITED TURNS Reserved 17.0 THROUGH HIGHWAYS 17.1 The highways set out in Column 1 of Schedule III to this By-Law, between the limits set out in Columns 2 and 3 of the said Schedule are, except as provided in subsection (2) of this section, hereby designated as Through Highways. 17.2 The designation, in subsection (1) of this section, of a highway or part thereof as a Through Highway shall not include any intersection thereon where the road intersected is a King's Highway or where traffic control signals are installed. 18.0 ONE-WAY TRAFFIC 18.1 Reserved 18.2 This section shall come into force when official signs indicating the direction of traffic have been erected and are on display at every intersection where movement in the opposite direction is prohibited. 19.0 MAXIMUM SPEED 19.1 The maximum rate of speed for any vehicle travelling of any highway within the Village of Port Burwell shall be 50 km/h. 20.0 LOADING AND UNLOADING ZONES 20.1 Reserved 20.2 Reserved 20.3 The highways or portions of highways set out in Column 1 of Schedule V to this By-Law on the side set out in Column 2 of the said Schedule between the limits set out in Column 3 and 4 of the said Schedule and at the school or institution set out in Column 5 of the said Schedule are hereby designated as School Bus Loading Zones. 20.4 Each of the designations referred to in Schedule V shall not become effective until the highways or portions thereof are marked to comply with the Regulations 8 made under The Highway Traffic Act. 20.5 When a School Bus Loading Zone has been established and signs have been erected and are on display, no person operating a School Bus shall park the bus in the vicinity of a school except within a School Bus Loading Zone. 21.0 TRUCK ROUTE Reserved 22.0 OVERSIZED LOAD PERMIT 22.1 The Ontario Provincial Police and the Chief Building Official and/or the Clerk may, upon application in writing, grant a permit for the moving of heavy vehicles, leads, objects, or structures in excess of the dimensional limits and weight limits as set out in the Highway Traffic Act of the Province of Ontario. The permit may be general or may limit the time and particular highway that might be used, and may contain conditions relating to the protection of persons and property from injury or damage and may require a Bond or security sufficient to cover the cost of repairing any possible damage to the highway. The owner, operator, or mover of a heavy vehicle, load, object, or structure in respect of which a permit is issued under this section is nevertheless responsible for all damages that may be caused to the highway. 23.0 BICYCLES Reserved 24.0 BLOCKING OF SIGNALIZED INTERSECTIONS 24.1 Reserved 24.2 Reserved 24.3 No person shall stop or park a vehicle within an intersection. 9 Section E Parking Regulations - On Street 25. GENERAL PARKING REGULATIONS 25.1 No person shall stop or park a vehicle: 25.1.1 on any sidewalk or crosswalk; 25.1.2 Reserved 25.1.3 Reserved 25.1.4 Reserved 25.1.5 Reserved 25.1.6 in such a position as to obstruct traffic; 25.1.7 within 15 metres of any Fire Hall on the side of the highway on which the Fire Hall is located or within 30 metres of such Fire Hail on the opposite side of the roadway; V 25.1.8 Reserved 25.1.9 on any bridge, subway and/or any approach thereto; 25.1.10 Reserved 25.1.11 Reserved 25.1.12 Reserved 25.1.13 Reserved 25.1.14 Reserved 25.1.15 in a zone designated as a fire route as set out in Schedule VII to this By-Law. 10 26. PARKING OF HEAVY TRUCKS AND BUSES Reserved 27. SPECIAL PARKING Reserved 28. OVERNIGHT PARKING Reserved 29. MAXIMUM PARKING TIME LIMITS Reserved 30. PARKING SPACES 30.1 The Traffic and Parking Committee of the Village Council, with the assistance of the Public Works Superintendent and the Chief of Police, is hereby authorized and directed to designate such individual parking spaces as are deemed proper along the streets in the downtown area. 31. PARKING ON ONE-WAY STREET Rerserved 32. PARALLEL PARKING 32.1 Unless otherwise indicated, no person shall park a vehicle on any highway or street, other than in the parallel position. 33. ANGLE PARKING 33.1 Reserved. 34. PARKING - PROHIBITED AREAS 34.1 Where appropriate signs are erected and are on display, no person shall park a vehicle on any highway, at the side and between the limits set out in Columns 1,2,3 & 4 of Schedule IX to this By-Law, during the prohibited times or days set out in Column 5 11 of the said Schedule. 35. PARKING - RESTRICTED AREAS 35.1 Where appropriate signs are erected and are on display, no person shall park a vehicle on any highway, at the side and between the limits set out in Columns 1,2,3 & 4 of Schedule X to this By-Law, at any time, for a period longer than that set out in Column 5 of the said Schedule. 36. NO STOPPING AREAS 36.1 Where appropriate signs are erected and are on display, no person shall park a vehicle on any highway, at the side and between the limits set out in Columns 1,2,3 & 4 of Schedule XI to this By-Law, during the prohibited times or days set out in Column 5 of the said Schedule. 37. PARKING METERS Reserved SECTION F Off Street Parking Lots 38. LOCATION OF PARKING LOTS 38.1 The Traffic and Parking Committee of the Village of Port Burwell is hereby authorized and directed designate individual parking spaces on the parking lots owned by the Village such parking lots being described as follows: 39. GENERAL REGULATIONS 39.1 On public parking lots where parking spaces are clearly designated, no vehicle shall be parked in such manner as to occupy more than one parking space or to project beyond such parking space into the travelled portion of such lot or park in any area other than those designated as parking spaces. 39.2 No person shall allow any vehicle to block another vehicle on any public parking lot and/or any vehicle obstructing the lanes of any such lot shall be removed, at the personal expense of the owner of such vehicle. 39.3 The Chief of Police and the Public Works Superintendent are hereby authorized and 12 directed to erect or place appropriate signs informing the patrons of the public parking lots of the above regulations. 40. PARKING FOR HANDICAPPED PERSONS 40.1 No person shall park a vehicle in a designated handicapped parking space unless a permit is displayed on the vehicle. 41. PERMIT PARKING AREA 41.1 Reserved. 42. ISSUE OF PARKING PERMITS 42.1 Reserved. 43. CONDITIONS OF SALE AND USE OF PARKING PERMITS 43.1 Reserved. 44. METERED OFF-STREET PARKING 44.1 Reserved. 45. RESERVED SPACES 45.1 Reserved. 46. ONE-WAY TRAFFIC 46.1 Reserved. 47. ARENA NO-PARKING LANE 47.1 Reserved. 48. CONTRAVENTION OF BY-LAW 48.1 Where a contravention of the off-street parking provisions of this By-Law occurs, the procedure to be followed shall be the same as in Section 53 of this By-Law. 13 Section G Motorized Snow Vehicles 49. PROHIBITIONS 49.1 No person shall park a motorized snow vehicle upon any highway or part thereof on which, and at a time during which, the driving of a motorized snow vehicle is prohibited. 49.2 No person shall drive a motorized snow vehicle on any boulevard lying within the Village of Port Burwell. 49.3 No person shall drive a motorized snow vehicle in any public park in the Village of Port Burwell, unless for a specified purpose to facilitate the development of a recreational area, provided the Chief of Police, as agent for the Corporation of the Village of Port Burwell provides his permission and that in such cases, the operator of the motorized vehicle assumes all responsibilities and liabilities for personal or property damage which may result as a consequence of his operation of such motorized snow vehicle. 49.4 No person shall drive a motorized snow vehicle upon any highway or part thereof in the Village of Port Burwell between the hours of 11:00 p.m. of one day and 7:00a.m. of the next following day. 50. EXEMPTIONS Section 48 of this By-Law shall not apply to prohibit the operation of a motorized snow vehicle on a highway in the Village of Port Burwell: 50.1 When the need for the use of such motorized snow vehicle thereon is created by an emergency; 50.2 When such motorized snow vehicle is only operated on such highway for the purpose of crossing such highway from a point on one side of the highway to a point on the other side of the highway that is directly opposite thereto; 50.3 That is not normally ploughed by the Village of Port Burwell for use by motor vehicles during the winter months; 50.4 When such motorized snow vehicle is being driven in a parade or contest that is held under the authority of a permit from the Chief of police or the Police Services Board of the Village of Port Burwell; 14 50.5 When such motorized snow vehicle is actually engaged in works undertaken by or on behalf of the Corporation of the Village of Port Burwell; 51. PENALTIES 51.1 Where a contravention of the Motorized Snow Vehicles provisions of this By-Law occurs, the procedure to be followed shall be the same as in Section 56 of this By-Law. Section F REPEALS AND APPROVALS 52. FORMER BY-LAWS REPEALED 52.1 BY-LAW SUBJECT TO M.T.O. APPROVAL The provisions of this By-Law regulating traffic on the highways, or prohibiting or regulating the operation of motor vehicles, or any type or class thereof on the highways which affect traffic on highways designated as connecting links pursuant to the Public Transportation and Highway Improvement Act, shall not become effective or take force until they receive approval from the Ministry of Transportation of Ontario. Section H Payment of Penalties 53. PROVISIONS FOR OUT OF COURT PENALTIES In this section: 53.1 "any provisions of this by-law" means any provision of this by-law for the contravention of which the Municipal Act permits a procedure for the voluntary payment of penalties out of court, 53.2 "parking infraction" means any unlawful parking standing or stopping of a vehicle that constitutes an offence. 53.3 A specified penalty payable out of court within 7 days time may be imposed for a contravention of any provision of this by-law that constitutes a parking infraction, by the inclusion in a parking infraction notice under Part 11 of the Provincial Offenses Act, 54. METHOD OF PAYING VOLUNTARY PENALTY 15 54.1 An early penalty payment out of court may be made on or before the date specified on the parking infraction notice either by cash payment at the Village Office or by a cheque or money order payable to the Corporation of the Village of Port Burwell sent by prepaid mail to an address or post office indicated on the parking infraction notice and on such payment being made, no further proceedings will be taken. 55. DEFAULT IN PAYING VOLUNTARY PENALTY 55.1 If default is made in paying a penalty out of court in accordance with this Part, any fine imposed under this by-law for the contravention thereof shall be recoverable under the Provincial Offenses Act,all the provisions of which shall apply. 56. GENERAL PENALTY 56.1 Except where otherwise expressly provided by this by-law or the Highway Traffic Act, every person who: (i) contravenes any provision of this by-law; or (ii) is the plate holder of a permit or owner of a vehicle that is parked, standing or stopped in contravention of any provision of this by-law, is guilty of an offence and on conviction is liable to a fine as provided in the ProvinciAl Offenses Act, Section I Pedestrian Crossovers 57. CROSSOVERS 57.1 Reserved 58. CROSSOVER LOCATIONS 58.1 Reserved. 16 Section General Provisions 59. ILLEGALLY PARKED VEHICLES 59.1 The owner of a vehicle may be charged with and convicted of an offence under the Ontario Highway Traffic Act or the regulations or any municipal by-law regulating traffic for which the driver of the vehicle is subject to be charged unless, at the time of the offence, the vehicle was in the possession of some person other than the owner without the owners consent and on conviction the owner is liable to the penalty prescribed for the offence. 59.2 For the purposes of this By-Law, the holder of a permit as defined in Section 6 of the Ontario Highway Traffic Act, shall be deemed to be the owner of the vehicle referred to in the permit if a number plate bearing a number that corresponds to the permit was displayed on the vehicle at the time an offence was committed unless the number plate was displayed thereon without his consent, the burden of proof of which shall be on the holder. 59.3 For the purposes of the By-Law, where a number plate issued under Section 7 of the Ontario Highway Traffic Act, is exposed on a vehicle, the holder of the permit corresponding thereto shall he deemed to be the owner of that vehicle unless the number plate was exposed thereon without his consent, the burden of proof of which is on the permit holder. 60. REMOVAL OF VEHICLES 60.1 A constable or an officer appointed for the carrying out of the provisions of the Highway Traffic Act, upon discovery of any vehicle parked in contravention of this by-law, may cause it to be moved or taken to and placed or stored in a suitable place and all costs and charges for removing, care and storage thereof, if any, are a lien upon the vehicle, which may be enforced in the manner provided in accordance with Chapter R. 25, Part 3 of the Repair and Storage Lien Act, R.S.O. 1990. 61. AUTHORITY TO ENFORCE THIS BY-LAW 61.1 Any Peace Officer of the Village Police Service is authorized to enforce the provisions of this by-law as well as any other officer appointed by the Council of the Village of Port Burwell to enforce all the non-moving violations of this by-law. 17 62. EXCESS COINS IN PARKING METERS Reserved 63. EXECUTIVE ACTS AUTHORIZED 63.1 The Reeve and the Administration are hereby authorized and the Reeve and the Village Clerk are hereby authorized to execute on behalf of and under the seal of the Corporation any document or action necessary to give effect to this by-law. 64. SCHEDULES ADOPTED 64.1 The Schedules referred to in this by-law shall form part of the by-law and each entry in a column of such Schedules shall only be read in conjunction with the appropriate entry or entries across therefrom, and not otherwise. 65. HEADINGS NOT PART OF BY-LAW 65.1 The headings in the body of this by-law form no part of the by-law but are inserted for convenience and reference only. 66. DEVIATION FROM FORMS 66.1 Where a form or words or expressions are prescribed in any Schedule to this by-law, deviations therefrom not affecting the substance or calculated to mislead do not vitiate them. 67. EFFECTIVE DATE 67.1 This By-Law comes into effect on the date of its passing. -1-3--?1. 41 41 Read a first and s nd time , 25 t c , ornSreit, 1997. ,44/ Rgeve A inini$tr for/Clerk-Treasurer 18 Read a third time and finally passed this 25th day of March, 1997. Reeve Administrator/Clerk-Treasurer Village of Port Burwell By-La‘‘ #93-09 SCHEDULE NO.I TURNING MOVEMENTS Sections 15 Column 1 Column 2 Column 3 Column 4 Intersection Direction Turns Prohibited Times All All U - Turns An\ Time Village of Port Burwell By-Law#93-09 SCHEDULE NO. II THROUGH HIGHWAYS Section 17 Column 1 Column 2 Column 3 Highway from Ise Wellington St. Chatham St. Solway Dr. Wellington St. Robinson St. County Road 42 Addison St. Burns St. Wellington St. Chatham St. County Road 42 The Lake Shore Bridge St. County Road 42 Robinson St. Robinson St. Bridge St. Haggerman St. Erieus St. Bridge St. Highway #19 Erieus St. Highway #19 Wellington St. Erieus St. Wellington St. Haggerman St. Wellington St. Robinson St. County Road 42 Strachan St. Erieus St. Wellington St. Strachan St. Wellington St. Brock St. Pitt St. Strachan St. Victoria St. Shakespeare St. Erieus St. Wellington St. Victoria St. Highway #19 Wellington St. Victoria St. Wellington St. Pitt St. Elizabeth St. Cross St. Hanna St. Elizabeth St. Wellington St. Pitt St. Village of Port Burwell By-Law #93-09 SCHEDULE NO. III ONE - WAY STREETS Section 18 Column 1 Column 2 Column 3 Column 4 Highway from IS2 Directioq Hagerman Street Hagerman Street Brock Street North (east end) (north side) (south side) Village of Port Burwell By-Law#93-09 SCHEDULE NO. IV LOADING AND UNLOADING ZONES Section 20 Column 1 Column 2 Column 3 Column 4 Street Side From IQ Village of Port Burwell By-Law #93-09 SCHEDULE NO. V SCHOOL BUS LOADING ZONES Section 20& 26 Column 1 Column 2 Column 3 Column 4 Column 5 Highwal Side From I12 School Strachan St. East Waterloo St. Wellington St. Public School Village of Port Burwell By-Law #93-09 SCHEDULE NO. VI TAXI CAB STANDS Section 25.1.11 Column 1 Column 2 Column 3 Column 4 at= Side From Tsz Village of Port Burwell By-Law#93-09 SCHEDULE NO. VII DESIGNATED FIRE ROUTL Section 25.1.7& 25.1.15 Column 1 Column 2 Column 3 Column 4 Street Side From TQ Wellington St. Both Chatham St. Solway Dr. Wellington St. Both Erieus St. Elizabeth St. Chatham St. Both County Road 42 Lake Shore Robinson St. Both Pitt St. Lake Shore Erieus St. Both Highway#19 Brock St. Pitt St. Both Robinson St. Victoria St. Strachan St. Both Wellington St. Waterloo St. Waterloo St. Both Erieus St. Victoria St. Victoria St. Both Highway #I9 Pitt St. Elizabeth St. Both Cross Wellington St. Village of Port Burwell By-Law#93-09 SCHEDULE NO.VIII SPECIAL PARKING-NO STANDING Section 27 Column 1 Column 2 Column 3 Column 4 Column 5 Street �id� From Ts Period Village of Port Burwell By-Law#93-09 SCHEDULE NO. IX NO PARKING ZONES Section 27 & 34 Column 1 Column 2 Column 3 Column 4 Column 5 Highway Eton IQ Period Erieus St. Both Highway#19 Robinson St. Any Time Village of Port Burwell By-Law#93-09 SCHEDULE NO. X RESTRICTED PARKING AREAS Section 35 Column 1 Column 2 Column 3 Column 4 Column 5 lliyh�ti Side From jQ Maximum Time Village of Port Burwell By-Law#93-09 SCHEDULE NO.XI NO STOPPING ZONES Section 36 Column 1 Column 2 Column 3 Column 4 Column 5 Highway Ida From TQ Period Village of Port Burwell By-Law #93-09 SCHEDULE NO.XII PAVING METER RATES Section 37 Location Column 1 Column 2 Maximum Time Period Parking Meter Rates Village of Port Burwell By-Law#93-09 SCHEDULE NO. XIII PEDESTRIAN CROSSOVERS Section 57 Column I Column 2 Column 3 ytrees Intersection PARKING BY-LAW ELIMINATIONS AND REVISIONS The following are my recommendations regarding acceptable changes to this By- Law: - Include pages One to Five as is . - Omit 23.1 - Bicycles ,i 0mit 25.1.15 ✓- Omit 28. - Overnight parking j- Omit 29 - Maximum Parking Time Limits /- Omit 37 - Parking Meters ✓- Omit 62 - Excess Coins In Parkiing Meters Omit 25.1 .13 ✓- Schedule No. IX - Omit Pitt St. Both Victoria St. to Elizabeth St. - Any Time D. Mason -rjp,4I Cy THE CORPORATION OF THE VILLAGE OF PORT BURWELL PO Box #10 i 21 Pitt Street Port Burwell ON NOJ 1T0 BY-LAW 93-09 Being a by-law to revise and to consolidate certain by- laws regulating traffic and the parking of motor vehicles in the Village of Port Burwell. THE COUNCIL OF THE CORPORATION OF THE VILLAGE OF PORT BURWELL ENACTS AS FOLLOWS: SECTION A Definitions, Interpretation 1.0 In this By-Law: 1.1 "AUTHORIZED SIGN" means any sign or device placed or erected on a highway or on a designated fire route, under the authority of this by-law and the Village's Public Works Superintendent or Police, for the purpose of regulating, warning or guiding traffic. 1.2 "BICYCLE" is a vehicle as defined under the Ontario Highway Traffic Act. 1.3 "BOULEVARD" shall be construed to mean that portions of every highway or road allowance within the limits of the Village of Port Burwell which is not used as a sidewalk or as a travelled roadway. 1.4 "COMMERCIAL MOTOR VEHICLE" means a motor vehicle as defined under the Ontario Highway Traffic Act. 1.5 "CORNER" with reference to a highway intersection means the point of intersection of the lateral curb lines or, in the absence of curbs, the extension of the edges of the roadways. 1.6 "CORPORATION" means the Corporation of the Village of Port Burwell. 1.7 "COUNCIL" means the Council of the Corporation. 1 1.8 "CROSSOVER" means a crossover as defined under the Ontario Highway Traffic Act. 1.9 "CURBLINE" means where the curb is constructed, the line thereof; where no curb is constructed "curbline" shall be constructed as meaning the edge of the travelled portion of the highway. 1.10 "DESIGNATED FIRE ROUTE" or "FIRE ROUTE" means any part of a private roadway designated as a fire route under the authority of this by-law. 1.11 "DESIGNATED PARKING SPACE" or"DESIGNATED DISABLED PERSON PARKING SPACE" means a parking space located on any public highway in the Village of Port Burwell or on a Village owned or occupied by the municipality or any local board thereof designated for parking of vehicles, and marked by an official sign to be for the sole use of vehicles displaying a disabled person parking permit. 1.12 "DISABLED PERSON" is a person as defined under the Ontario Highway Traffic Act. 1.13 "DISABLED PERSON PARKING PERMIT" means a disabled person parking permit issued under the Highway Traffic Act. 1.14 "DRIVEWAY" means improved land on a highway which provides vehicles access from the roadway to a laneway or a parking area on adjacent land. 1.15 "GROSS WEIGHT" as defined under the Ontario Highway Traffic Act. 1.16 "HEAVY TRUCK" means any commercial motor vehicle which has a registered gross vehicle or gross weight exceeding 3,000 kilograms according to the current permit or vehicle registration which has been issued under the Highway Traffic Act, regardless of the actual weight of such vehicles, but does not include a vehicle operated by or on behalf of the Corporation or a school bus which is in the course of transporting children or mentally retarded adults to and from school. 1.17 "HIGHWAY" means a public road allowance as defined under the Ontario Highway Traffic Act. 1.18 "HIGHWAY TRAFFIC ACT" means the Highway Traffic Act, R.S.O. 1990 c. H. 8 2 1.19 "HOLIDAY" means a day appointed or proclaimed by the Government of Canada, the Province of Ontario or the Village of Port Burwell to be celebrated as a public holiday and includes: Sunday, New Year's Day, Good Friday, Easter Monday, Labour Day, Thanksgiving Day, Remembrance Day Christmas Day and Boxing Day. 1.20 "INTERSECTION" as defined under the Ontario Highway Traffic Act. 1.21 "LANEWAY" means improved land adjacent to the Highway which provides access from the highway to a parking area or to commercial property on adjacent land. 1.22 "LOADING ZONE" means the part of a highway set apart for the exclusive purpose of parking a school bus to load or unload the same. 1.23 "LOCAL BOARD" means a school hoard, public utility commission, police services board, planning advisory committee, or any other board, commission, committee, body or local authority established and exercising any power or authority under any general or special Act with respect to any of the affairs or purposes, including school purposes, of a municipality or of two or more municipalities or parts thereof. 1.24 "METERED PARKING SPACE" means a parking space for which a meter or other mechanical device is provided or any space adjacent to which a parking meter or other mechanical device is located. 1.25 "MOTOR VEHICLE" means a motor vehicle as defined under the Ontario Highway Traffic Act. 1.26 "M.T.O." means the Ministry of Transportation of the Province of Ontario. 1.27 "MUNICIPALITY" means the Corporation of the Village of Port Burwell. 1.28 "OFFICER" means the Peace Officer of the Ontario Provincial Police Service, Port Burwell Police Service or any person authorized by Council and charged with the enforcement of this by-law. 1.29 "OFFICIAL SIGN" means a sign approved by the M.T.O. and erected by the municipality pursuant to this by-law. • r 1.30 "PARK" or "PARKING" as defined under the Ontario Highway Traffic Act. 1.31 "PARKING METER" means an instrument for receiving coin payments and upon receipt of same then indicating and measuring specific time intervals during which a vehicle may be parked in the designated parking space. Upon the expiration of the allotted time interval, the meter indicates that the time has elapsed. 1.32 "PARKING METER COVER" means a hood, bag or other such covering for a parking meter which is placed over the meter by an authorized official to indicate that a parking meter is not to he used and that the parking space is not available for parking. 1.33 "POLICE OFFICER" means a Peace Officer of the Ontario Provincial Police or of the Port Burwell Police Service. 1.34 "PRIVATE ROADWAY" means any private road, lane, ramp or other means of vehicles access to or egress, not owned or maintained by the municipality of the Village of Port Burwell, from a building or structure and it may include part of a parking lot. 1.35 "ROADWAY" as defined under the Ontario Highway Traffic Act. 1.36 "SIDEWALK" includes all such parts of a highway as are set aside by the Corporation for use by the general public for the passage of pedestrians. 1.37 "STAND"or "STANDING", as defined under the Ontario Highway Traffic Act. 1.38 "STOP" or "STOPPING", as definJ— under the Ontario Highway Traffic Act. 1.39 "TIME" means standard time except in periods when daylight savings time is in effect, in which periods it shall mean daylight savings time. 1.40 'TRAFFIC CONTROL SIGNAL" as defined under the Ontario Highway Traffic Act. 1.41 'TRAFFIC CONTROL SIGNAL SYSTEM" as defined under the Ontario Highway Traffic Act. • 4 1.42 "U-TURN" means the turning of a vehicle within a roadway so as to proceed in the opposite direction. 1.43 "VEHICLE" as defined under the Ontario Highway Traffic Act 1.44 "VILLAGE" means the Corporation of the Village of Port Burwell. SECTION B Abbreviations 2.0 In the Schedules to this by-law, the following abbreviations and symbols stand for the words illustrated below: 2.1 Ave. - Avenue Blvd. - Boulevard St. - Street Cres. - Crescent Ct. - Court Dr. - Drive Rd. - Road 2.2 mm - Millimetre cm - Centimetre m - metre km/h - Kilometres Per Hour kg - Kilograms 2.3 A.M. - Ante Meridian P.M. - Post Meridian SECTION C Interpretation 3.0 In this by-law, 3.1 All distances/dimensions are indicated in the metric measurement. 3.2 A word interpretated in the singular number has a corresponding meaning when used in the plural. 5 3.3 Reference to the masculine gender shall be interpreted to mean the feminine gender as well as masculine. 3.4 The word "may" shall be interpreted to be permissive. 3.5 The word "shall" shall be interpreted to be imperative. SECTION D General Provisions, Traffic 4.0 APPLICATION 4.1 This section shall apply to all highways under the jurisdiction of the Village of Port Burwell. 5.0 ENFORCEMENT 5.1 This Section may be enforced by a police officer or municipal law enforcement officer appointed by the Council or by any person designated pursuant to the Provincial Offenses Act as a provincial offenses officer for the purposes of all or any of the offenses under this Section. 6.0 TEMPORARY PROVISIONS 6.1 The Ontario Provincial Police and/or the Public Works Superintendent are hereby granted authority to make temporary provisions for the safety of pedestrians and the safe movements of traffic in the Village, or any part thereof, by means of highway marking signs, temporary curbs and safety devices, as deemed necessary as a result of accidents, emergency or planned construction projects, parades, or other occasions where such provisions are required. 6.2 Wherever possible, such temporary provisions shall be confirmed by resolution of Council prior to being implemented. 7.0 HIGHWAY TRAFFIC ACT 7.1 The provisions of this by-law are subject to the provisions of The Highway Traffic Act and Regulations thereto. 6 8.0 DISPLAYING VEHICLES FOR SALE 8.1 No person shall park any vehicle on any highway for the purpose of displaying the same for sale. 9.0 EXEMPTION OF MUNICIPAL VEHICLES 9.1 This by-law does not apply to vehicles operated by the municipality from time to time for municipal purposes. 10.0 FUNERALS AND PARADES 10.1 No person shall drive any vehicle, except emergency vehicles, between the vehicles in any duly authorized parade or funeral procession on any highway. 11.0 PLAYING ON PAVEMENTS 11.1 No persons shall engage in any group game or sports activity upon roller skates, roller blades, hand drawn sleigh, wagon or riding in or by means of any non- motorized coaster, skateboard, toy vehicle, or similar device upon any roadway. 12.0 PROHIBITION OF REPAIRING, WASHING, WAXING OR GREASING OF VEHICLES 12.1 No person shall make use of any roadway for the purpose of washing, waxing, greasing or repairing any vehicle, except such emergency repairs as are necessary to enable the vehicle to be removed from the highway, and disabled vehicles shall be removed or caused to be removed from the highway by the driver or owner without delay. 13.0 RULES OF THE ROAD NOT PROVIDED FOR IN THE HIGHWAY TRAFFIC ACT 13.1 No driver of any vehicle shall drive within, upon, across or along any sidewalk, path or boulevard except at a driveway, unless the need for such use of a motor vehicle is created by an emergency, or such motor vehicle is actually engaged in works undertaken by or on behalf of the Village of Port Burwell. 14.0 UNAUTHORIZED SIGNS 14.1 No person shall place, maintain or display on any highway, any unauthorized 7 device which is an imitation of, or purports to be, or resembles any official sign or signal, or which purports to direct parking or the movement of traffic or the actions of operators of vehicles. Any such device shall be deemed a public nuisance and any Police or other Officer authorized to enforce this By-Law, may remove the same without notice. 15.0 U-TURNS 15.1 No person in a motor vehicle shall make a U-turn on any portion of roadway which lies within the Village of Port Burwell as set out in Schedule I attached to this By-Law. 16.0 PROHIBITED TURNS 16.1 No person operating a motor vehicle shall make any turn on any portion of roadway as set out in Schedule I attached to this By-Law. 16.2 No person operating a motor vehicle shall make a left turn as set out in Schedule I attached to this By-Law. 16.3 No person operating a motor vehicle shall make a right turn as set out in Schedule I attached to this By-Law. 17.0 THROUGH HIGHWAYS 17.1 The highways set out in Column 1 of Schedule III to this By-Law, between the limits set out in Columns 2 and 3 of the said Schedule are, except as provided in subsection (2) of this section, hereby designated as Through Highways. 17.2 The designation, in subsection (1) of this section, of a highway or part thereof as a Through Highway shall not include any intersection thereon where the road intersected is a King's Highway or where traffic control signals are installed. 18.0 ONE-WAY TRAFFIC 18.1 Vehicles travelling on highways named in Column 1 of Schedule III to this By- Law, shall only travel in the direction permitted in Column 4 of the said Schedule, within the limits named in Column 2 and 3 of the said Schedule. T 8 _ w 18.2 This section shall come into force when official signs indicating the direction of traffic have been erected and are on display at every intersection where movement in the opposite direction is prohibited. 19.0 MAXIMUM SPEED 19.1 The maximum rate of speed for any vehicle travelling of any highway within the Village of Port Burwell shall be 50 km/h. 20.0 LOADING AND UNLOADING ZONES 20.1 No person shall stop or park a vehicle in a designated loading zone unless for the purposes of loading or unloading. 20.2 The highways or portions of highways set out in Column 1 of Schedule IV to this By-Law on the side set out in Column 2 of the said Schedule between the limits set out in Column 3 and 4 of the said Schedule are hereby designated as Loading and Unloading. 20.3 The highways or portions of highways set out in Column 1 of Schedule V to this By-Law on the side set out in Column 2 of the said Schedule between the limits set out in Column 3 and 4 of the said Schedule and at the school or institution set out in Column 5 of the said Schedule are hereby designated as School Bus Loading Zones. 20.4 Each of the designations referred to in Schedule V shall not become effective until the highways or portions thereof are marked to comply with the Regulations made under The Highway Traffic Act. 20.5 When a School Bus Loading Zone has been established and signs have been erected and are on display, no person operating a School Bus shall park the bus in the vicinity of a school except within a School Bus Loading Zone. 21.0 TRUCK ROUTE 21.1 The Truck Route set out in subsection 21.2 shall come into effect upon placement or erection of the appropriate official signs. 21.2 Reserved 22.0 OVERSIZED LOAD PERMIT 22.1 The Ontario Provincial Police and the Chief Building Official and/or the Clerk may, upon application in writing, grant a permit for the moving of heavy vehicles, leads, objects, or structures in excess of the dimensional limits and weight limits as set out in the Highway Traffic Act of the Province of Ontario. The permit may be general or may limit the time and particular highway that might be used, and may contain conditions relating to the protection of persons and property from injury or damage and may require a Bond or security sufficient to cover the cost of repairing any possible damage to the highway. The owner, operator, or mover of a heavy vehicle, load, object, or structure in respect of which a permit is issued under this section is nevertheless responsible for all damages that may be caused to the highway. 23.0 BICYCLES 23.1 No person shall operate a bicycle with a wheel diameter in excess of 40 cm on any sidewalk located in the Village of Port Burwell. 24.0 BLOCKING OF SIGNALIZED INTERSECTIONS 24.1 No driver or operator of a vehicle, when approaching a green signal light at an intersection, shall enter the intersection unless traffic in front of him is moving in a manner that would reasonably lead him to believe be can clear the intersection before the signal light turns red. 24.2 Subsection 1 of this section does not apply to the driver or operator of a vehicle who enters an intersection for the purpose of turning to the right or left into an intersecting highway and signals his intentions to make such turn prior to entering the intersection. 24.3 No person shall stop or park. a vehicle within an intersection. Section E Parking Regulations - On Street 25. GENERAL PARKING REGULATIONS 25.1 No person shall stop or park a vehicle: it) 25.1.1 on any sidewalk, crosswalk, or boulevard; 25.1.2 in front of or within lm of any lane, driveway or alley entrance; 25.1.3 with the right hand wheels of the vehicle at a greater distance from the curbline than 0.3m except at places where parking is otherwise designated, or in winter, subject to Paragraph 25.1.5 of this section, as nearly within such distance as the conditions of the highway permit; 25.1.4 on the roadway side of a vehicle stopped or parked at the edge or curb of a highway; 25.1.5 at the edge or curb on the left side of the roadway having regard to the direction such vehicle was proceeding except where parking is permitted on the left-hand side of the roadway of a highway designated for one-way traffic; 25,1.6 in such a position as to obstruct traffic; 25.1.7 within 15 metres of any Fire Hall on the side of the highway on which the Fire Hall is located or within 30 metres of sauch Fire Hall on the opposite side of the roadway; 25.1.8 on any street within 9 metres of the corner point of the curbline of any intersecting street; 25.1.9 on any bridge, subway and/or any approach thereto; 25.1.10 within 3 metres of the point of the curhhne which is nearest any fire hydrant; 25.1.11 within 3 metres of the space on the same side of the highway directly in front of the entrance to a church, hotel, theatre, hall or other public building where large numbers of people assemble, except while actually taking on or discharging passengers, other than a taxi-cab in a taxi-cab stand, as set out in Schedule VI to this By-Law, when any such stop or stand has been officially designated and appropriately signed. 25.1.12 within 15 metres of an intersection where Traffic Control signals are installed. i c within 15 metres of the nearest rail of a level railway crossing. 11 25.1.14 in a position or place that prevents or is likely to prevent or is likely to prevent the removal of any vehicle already parked on the highway. 25.1.15 in a zone designated as a fire route as set out in Schedule VII to this By-Law. 26. PARKING OF HEAVY TRUCKS AND BUSES 26.1 No person shall park a heavy truck, or a bus, or allow a heavy truck, or a bus, to stand on any highway in any residential zone, or on any highway in any commercial zone. 26.2 The provisions of subsection 1 of this section do not apply to prohibit the parking of any heavy truck upon a highway in any residential zone or in any commercial zone, while the operator thereof is actually engaged in the delivery of goods or services to any premises within any such zone, as to prohibit the parking of any bus or school bus upon a highway in any residential zone or in any commercial zone, as set out in Schedule V attached to this by-law, while the operator thereof is actually engaged in the embarking or disembarking of passengers within any such zone. 27. SPECIAL PARKING 27.1 As set out in Schedule VIII attached to this by-law, where appropriate signs are erected, no person shall park any vehicle or allow any vehicle to stand: 28. OVERNIGHT PARKING f Ew►•it 'standing any other provisions of this Part, no person shall park a vehicle or allow to stand a vehicle upon any part of any street in the Village of Port Burwell between the hours of 11 o'clock p.m. and 7 o'clock a.m. from November 15 to March 15 of the following year. 29. MAXIMUM PARKING TIME LIMITS 29.1 No person shall park or allow to stand a non -commercial motor vehicle for a longer period than two (2) hours upon any part of any highway in the Village of Port Burwell. 29.2 No person shall park or allow to stand a commercial motor vehicle for a longer period than two (2) hours upon any part of any highway in the Village of Port But-well. 30. PARKING SPACES 30.1 The Traffic and Parking Committee of the Village Council, with the assistance of the 12 Public Works Superintendent and the Chief of Police, is hereby authorized and directed to designate such individual parking spaces as are deemed proper along the streets in the downtown area. 31. PARKING ON ONE-WAY STREET 31.1 Where a street, or part thereof, has been designated pursuant to this By-Law as a one- way street and parking is permitted on both sides of such one-way street, no person shall park a vehicle on the left hand side of such street unless the left hand wheels of the vehicle are not more than 0.3 metres from the curb line, or in winter, as nearly within the distance as the conditions of the highway permit. 32. PARALLEL PARKING 32.1 Unless otherwise indicated, no person shall park a vehicle on any highway or street, other than in the parallel position. 33. ANGLE PARKING 33.1 Reserved. 34. PARKING - PROHIBITED AREAS 34.1 Where appropriate signs are erected and are on display, no person shall park a vehicle on any highway, at the side and between the limits set out in Columns 1,2,3 & 4 of Schedule IX to this By-Law, during the prohibited times or days set out in Column 5 of the said Schedule. 34.2 Where app orriate signs are erected and are on display, no person shall park a vehicle on a highway adjacent to a school from September through June inclusive. 35. PARKING - RESTRICTED AREAS 35.1 Where appropriate signs are erected and are on display, no person shall park a vehicle on any highway, at the side and between the limits set out in Columns 1,2,3 & 4 of Schedule X to this By-Law, at any time, for a period longer than that set out in Column 5 of the said Schedule. 36. NO STOPPING AREAS 13 36.1 Where appropriate signs are erected and are on display, no person shall park a vehicle on any highway, at the side and between the limits set out in Columns 1,2,3 & 4 of Schedule XI to this By-Law, during the prohibited times or days set out in Column 5 of the said Schedule. 37. PARKING METERS Every owner/driver of a vehicle shall abide by the following: st 37.1 When a person parks a vehicle in an individual parking space where a parking metre has been installed, as set out in Schedule XII to this By-Law, he shall deposit a coin of legal tender of Canada, appropriate to the coin slots provided and to the length of time desired, subject to the limits of the said meter, if the meter displays a notice showing that parking is permitted in that space upon receipt of such a deposit. 37.2 • The length of time a vehicle shall be permitted to park in a metered parking space is l determined by the limit of the meter and by the value of coins deposited, based } } proportionally upon a rate of .25 cents per hour of time. 37.3 Notice to the public shall be given by appropriate signs, stating the length of time for [ \ which parking is permitted and the conditions thereof. These signs may be located on the parking meter itself, or elsewhere in the immediate vicinity. 37.4 Any vehicle which remains in an individual metered parking space after the prescribed time for parking has ended is hereby deemed to be illegally parked. 37.5 When a vehicle is parked in a metered space, and the meter displays a signal that the correct deposit has not been made, this shall he considered prima facia evidence of the . ) violation of this By-Law by the owner or operator of such vehicle. 37.6 It shall be considered unlawful, and a violation 0f this By-Law to deposit, or cause to be deposited, any substitution for a coin of legal tender of the Dominion of Canada into any parking meter. 37.7 Notwithstanding Subsections 37.1 through 37.6, it shall not be necessary to deposit any coin into any parking meter before parking: 37.7.1 Reserved. 37.7.2 Reserved. /411400101111111111.11111. • Y 14 37.7.3 Reserved. 37.7.4 on any Statutory or Civic Holiday; and, 37.7.5 on any other day or during any other period designated by a resolution of Village Council. 37.8 No vehicle shall be parked in such manner, where parking spaces are clearly designated, as to occupy more than one parking space or to project beyond such parking space. SECTION F Off Street Parking Lots 38. LOCATION OF PARKING LOTS 38.1 The Traffic and Parking Committee of the Village of Port Burwell is hereby authorized and directed designate individual parking spaces on the parking lots owned by the Village such parking lots being described as follows: 39. GENERAL REGULATIONS 39.1 On public parking lots where parking spaces are clearly designated, no vehicle shall be parked in such manner as to occupy more than one parking space or to project beyond such parking space into the travelled portion of such lot or park in any area other than those designated as parking spaces. 39.2 No person shall allow any vehicle to block another vehicle on any public parking lot and/or any vehicle obstructing the lanes of any such lot shall be removed, at the personal expense of the owner of such vehicle. 39.3 The Chief of Police and the Public Works Superintendent are hereby authorized and directed to erect or place appropriate signs informing the patrons of the public parking lots of the above regulations. 40. PARKING FOR HANDICAPPED PERSONS 40.1 No person shall park a vehicle in a designated handicapped parking space unless a permit is displayed on the vehicle. 40.2 The followed area shall be designated for use by handicapped persons only: l:� 41. PERMIT PARKING AREA 41.1 Reserved. 42. ISSUE OF PARKING PERMITS 42.1 Reserved. 43. CONDITIONS OF SALE AND USE OF PARKING PERMITS 43.1 Reserved. 44. METERED OFF-STREET PARKING 44.1 Reseed. 45. RESERVED SPACES 45.1 Reserved. 46. ONE-WAY TRAFFIC 46.1 Reserved. 47. ARENA NO-PARKING LANE 47.1 Reserved. 48. CONTRAVENTION OF BY-LAW 48.1 Where a contravention of the off-street parking provisions of this By-Law occurs, the procedure to be followed shall be the same as in Section 53 of this By-Law. Section G Motorized Snow Vehicles 49. PROHIBITIONS 49.1 No person shall park a motorized snow vehicle upon any highway or part thereof on which, and at a time during which, the driving of a motorized snow vehicle is prohibited. rw 16 49.2 No person shall drive a motorized snow vehicle on any boulevard lying within the Village of Port Burwell. 49.3 No person shall drive a motorized snow vehicle in any public park in the Village of Port Burwell, unless for a specified purpose to facilitate the development of a recreational area, provided the Chief of Police, as agent for the Corporation of the Village of Port Burwell provides his permission and that in such cases, the operator of the motorized vehicle assumes all responsibilities and liabilities for personal or property damage which may result as a consequence of his operation of such motorized snow vehicle. 49.4 No person shall drive a motorized snow vehicle upon any highway or part thereof in the Village of Port Burwell between the hours of 11:00 p.m. of one day and 7:00a.m. of the next following day. 50. EXEMPTIONS Section 48 of this By-Law shall not apply to prohibit the operation of a motorized snow vehicle on a highway in the Village of Port Burwell: 50.1 When the need for the use of such motorized snow vehicle thereon is created by an emergency; 50.2 When such motorized snow vehicle is only operated on such highway for the purpose of crossing such highway from a point on one side of the highway to a point on the other side of the highway that is directly opposite thereto; 50.3 That is not normally ploughed by the Village of Port Burwell for use by motor vehicles during the winter months; 50.4 When such motorized snow vehicle is being driven in a parade or contest that is held under the authority of a permit from the Chief of police or the Police Services Board of the Village of Port Burwell; 50.5 When such motorized snow vehicle is actually engaged in works undertaken by or on behalf of the Corporation of the Village of Port Burwell; 51. PENALTIES 51.1 Where a contravention of the Motorized Snow Vehicles provisions of this By-Law occurs, the procedure to be followed shall be the same as in Section 56 of this By-Law. r 17 Section F REPEALS AND APPROVALS 52. FORMER BY-LAWS REPEALED 52.1 BY-LAW SUBJECT TO M.T.O. APPROVAL The provisions of this By-Law regulating traffic on the highways, or prohibiting or regulating the operation of motor vehicles, or any type or class thereof on the highways which affect traffic on highways designated as connecting links pursuant to the Public Transportation and Highway Improvement Act, shall not become effective or take force until they receive approval from the Ministry of Transportation of Ontario. Section H Payment of Penalties 53. PROVISIONS FOR OUT OF COURT PENALTIES In this section: 53.1 "any provisions of this by-law" means any provision of this by-law for the contravention of which the Municipal Act permits a procedure for the voluntary payment of penalties out of court, 53.2 "parking infraction" means any unlawful parking standing or stopping of a vehicle that constitutes an offence. 53.3 A specified penalty payable out of court within 7 days time may be imposed for a contravention of any provision of this by-law that constitutes a parking infraction, by the inclusion in a parking infraction notice under Part II of the Provincial Offenses Acts 54. METHOD OF PAYING VOLUNTARY PENALTY 54.1 An early penalty payment out of court may be made on or before the date specified on the parking infraction notice either by cash payment at the Village Office or by a cheque or money order payable to the Corporation of the Village of Port Burwell sent by prepaid mail to an address or post office indicated on the parking infraction notice and on such payment being made, no further proceedings will be taken. 4 18 55. DEFAULT IN PAYING VOLUNTARY PENALTY 55.1 If default is made in paying a penalty out of court in accordance with this Part, any fine imposed under this by-law for the contravention thereof shall be recoverable under the ProvinciaLOffenses Act,all the provisions of which shall apply. 56. GENERAL PENALTY 56.1 Except where otherwise expressly provided by this by-law or the Hiway Traffic Act, every person who: (1) contravenes any provision of this by-law; or (ii) is the plate holder of a permit or owner of a vehicle that is parked, standing or stopped in contravention of any provision of this by-law, is guilty of an offence and on conviction is liable to a fine as provided in the Provincial Offenses Act, Section I Pedestrian Crossovers 57. CROSSOVERS 57.1 Crossovers shall be constructed at the locations as set out in Schedule XIII attached to this by-law according to these specifications: (a) there shall be a marked crossover of 2.5m in width (b) an "X" shall be painted in each traffic land approaching the said crossover, 30m from the crossover; (c) the crossover shall be indicated by signs and flashing lights, in accordance with the regulations of the Highway Traffic Act, 57.2 When a pedestrian wishing to use the crossover activates the flashing lights, all traffic shall come to a stop until such pedestrian is clear of the intersection. 58. CROSSOVER LOCATIONS 58.1 Reserved. 19 Section J General Provisions 59. ILLEGALLY PARKED VEHICLES 59.1 The owner of a vehicle may be charged with and convicted of an offence under the Ontario Highway Traffic Act or the regulations or any municipal by-law regulating traffic for which the driver of the vehicle is subject to be charged unless, at the time of the offence, the vehicle was in the possession of some person other than the owner without the owner's consent and on conviction the owner is liable to the penalty prescribed for the offence. 59.2 For the purposes of this By-Law, the holder of a permit as defined in Section 6 of the Ontario Highway Traffic Act, shall be deemed to be the owner of the vehicle referred to in the permit if a number plate bearing a number that corresponds to the permit was displayed on the vehicle at the time an offence was committed unless the number plate was displayed thereon without his consent, the burden of proof of which shall be on the holder. 59.3 For the purposes of the By-Law, where a number plate issued under Section 7 of the Ontario Highway Traffic Act, is exposed on a vehicle, the holder of the permit corresponding thereto shall be deemed to be the owner of that vehicle unless the number plate was exposed thereon without his consent, the burden of proof of which is on the permit holder. • 60. REMOVAL OF VEHICLES 60.1 A constable or an officer appointed for the carrying out of the provisions of the Highway Traffic Act, upon discovery of any vehicle parked in contravention of this by-law, may cause it to be moved or taken to and placed or stored in a suitable place and all costs and charges for removing, care and storage thereof, if any, are a lien upon the vehicle, which may be enforced in the manner provided in accordance with Chapter R. 25, Part 3 of the Repair and Storage Lien Act. R.S.O. 1990. 61. AUTHORITY TO ENFORCE THIS BY-LAW 61.1 Any Peace Officer of the Village Police Service is authorized to enforce the provisions of this by-law as well as any other officer appointed by the Council of the Village of Port Burwell to enforce all the non-moving violations of this by-law. • 20 62. EXCESS COINS IN PARKING METERS 62.2 Where a person deposits one or more coins in a parking meter in excess of that required for the parking time allowed by the meter, no change shall be remitted and no increase in parking time shall be allowed. 63. EXECUTIVE ACTS AUTHORIZED 63.1 The Reeve and the Administration are hereby authorized to do all things and the Reeve and the Village Clerk are hereby authorized to execute on behalf of and under the seal of the Corporation any document or action necessary to give effect to this by-law. 64. SCHEDULES ADOPTED 64.1 The Schedules referred to in this by-law shall form part of the by-law and each entry in a column of such Schedules shall only be read in conjunction with the appropriate entry or entries across therefrom, and not otherwise. 65. HEADINGS NOT PART OF BY-LAW 65.1 The headings in the body of this by-law form no part of the by-law but are inserted for convenience and reference only. 66. DEVIATION FROM FORMS 66.1 Where a form or words or expressions are prescribed in any Schedule to this by-law, deviations therefrom not affecting the substance or calculated to mislead do not vitiate them. 67. EFFECTIVE DATE 67.1 This By-Law comes into effect on the date of its passing. 21 Red a fust and second time this 10th clay of January, 1994 Reeve Administrator/MA-Treasurer Read a third time and finally passed this 10th clay of January, 1994 22 ---_y,._.. . .. .... >.,...,. ._._ . _...._...... . Village of Port Burwell By-Law#93-09 SCHEDULE NO.I TURNING MOV MENTI Sections 15 Column 1 Column 2 Column 3 Latcrsxtioq Column 4 Direction Turns Prohibited Times All All U - Turns Any Timc Village of Port Burwell By-Law#93-09 SCHEDULE NO. II THROUGH HIGHWAYS Section 17 Column 1 Column 2 Column 3 Highway Flom TQ Wellington St. Chatham St. Solway Dr. Wellington St. Robinson St. County Road 42 Addison St. Bums St. Wellington St. Chatham St. County Road 42 The Lake Shore Bridge St. County Road 42 Robinson St. Robinson St. Bridge St. Haggerman St. Erieus St. Bridge St. Highway#19 Erieus St. Highway#19 Wellington St. Erieus St. Wellington St. Haggerman St. Wellington St. Robinson St. County Road 42 Strachan St. Erieus St. Wellington St. Strachan St. Wellington St. Brock St. Pitt St. Strachan St. Victoria St. Shakespeare St. Erieus St. Wellington St. Victoria St. Highway#19 Wellington St. Victoria St. Wellington St. Pitt St. Elizabeth St. Cross St. Hanna St. Elizabeth St. Wellington St. Pitt St. r...e...,._ _.�..�. .es...,....,.. ..,......-- .- -_.,.l.,. 1 i Village of Port Burwell By-Law#93-09 SCHEDULE NO. HI ONE-WAY STREETS Section 18 Column 1 Column 2 Column 3 Column 4 Highway From TQ Direction Hagerman Street Hagerman Street Brock Street North (east end) (north side) (south side) Village of Port Burwell By-Law#93-09 , ` SCHEDULE NO. IV LOADING AND UNLOADING ZONES Section 20 Column 1 Column 2 Column 3 Column 4 Street Sisk From TQ Village of Port Burwell By-Law#93-09 SCHEDULE NO.V SCHOOL BUS LOADING ZONES Section 20& 26 Column 1 Column 2 Column 3 Column 4 Column 5 Highway Side Et,S21u TQ School Strachan St. East Waterloo St. Wellington St. Public School Village of Port Burwell By-Law#93-09 SCHEDULE NO.VI TAXI CAB STANDS Section 25.1.11 Column 1 Column 2 Column 3 Column 4 Street Sisk En= TQ Village of Port Burwell By-Law#93-09 SCHEDULE NO.VII DESKiNATEDEBERSALEE Section 25.1.7&25.1.15 Column 1 Column 2 Column 3 Column 4 Street Sisk EL= Is Wellington St. Both Chatham St. Solway Dr. Wellington St. Both Erieus St. Elizabeth St. Chatham St. Both County Road 42 Lake Shore Robinson St. Both Pitt St Lake Shore Erieus St. Both Highway#19 Brock St. Pitt St. Both Robinson St. Victoria St. Strachan St. Both Wellington St. Waterloo St. Waterloo St. Both Erieus St. Victoria St. Victoria St. Both Highway #19 Pitt St. Elizabeth St. Both Cross Wellington St. Village of Port Burwell By-Law#93-09 SCHEDULE NO.VIII SPECIAL PARKING-NO STANDING Section 27 Column 1 Column 2 Column 3 Column 4 Column 5 Slit Sidle From IQ Ps�d Village of Port Burwell By-Law#93-09 SCHEDULE NO.IX NO PARKING ZONES Section 27& 34 Column 1 Column 2 Column 3 Column 4 Column 5 Highway him From TQ Psi Erieus St. Both Highway#19 Robinson St. Any Time Victoria St. Both Highway#19 90 meters Any Time south of Erieus St. Pitt St. Both Victoria St. Elizabeth St. Any Time Addison West Wellington St. Homer St. Any Time Village of Port Burwell By-Law#93-09 SCHEDULE NO.X RESTRICTED PARKING AREAS Section 35 Column 1 Column 2 Column 3 Column 4 Column 5 Highway Sida From TQ Maximum Time Village of Port Burwell By-Law#93-09 SCHEDULE NO. XI NO STOPPING ZONES Section 36 Column 1 Column 2 Column 3 Column 4 Column 5 Highway Sisk From TQ P 4 Village of Port Burwell By-Law#93-09 SCHEDULE NO.XII PAVING METER RATES Section 37 Lima* Column 1 Column 2 Maximum Time Period Parking Meter Rates 4 Village of Port Burwell By-Law#93-09 SCHEDULE NO.XIII PEDESTRIAN CROSSOVERS Section 57 Column 1 Column 2 Column 3 Street Intersection Side Parking By-law Changes I 'm in agreement with Dave on the items he has suggested be eliminated from the the by-law with the following additions : -- Omit boulevard from 25.1.1; -- Omit Addison street from schedule IX as well as Pitt and Victoria; -- Downscale the requirements for crossovers. People are going to cross wherever they want to anyway; -- Place limits on costs to get back vehicles that have been towed and under section 60.1 and on where they can be towed. It should be in the village. jim h T r,' � i October 14 , 1996 Dear Council Members : I am writing with my comments on the new Parking Bylaw . It seems to be a very complicated item for a small Village . I only read the parts that applied to downtown . 1 . OVERNIGHT PARKING . Should be posted on signs when you enter town . Since we have two late night establishments here , I would suggest the hours should be from 2 . 30 to 6 . 30 a . m. to allow for snow clearance or street washing . 2 . TWO HOUR PARKING ON STREETS . Many days downtown would look like a Ghost Town if the merchants did ' nt park on the street . No one stops to go in restaurants or stores if they don ' t see some cars parked there . People will walk a few blocks if they want to go to a particular place . Did you make any note of wheelchair parking or drop off spot? Many seniors come to the restaurants here and often ask me if they can park to let some- off at my driveway . Most merchants would park elsewhere if asked and most already do this . One thing I don ' t appreciate is commercial trucks that idle at my front door for one or two hours while they have lunch . The noise and fumes are terrible . A short time while they unload is fine . 3 . PARKING LINES . I suggested these lines many years ago . When they were finally painted on they left too many vacant spots , and made fewer spaces instead of more . They could be repainted since they have faded , but by hand , closer to drives . 4 . SAFETY . I feel that the main intersection of Robinson and Wellington should be an all way stop . It amazes me that some child or senior hasn ' t been hit here, especially on Thursdays when hardware truck unloads . This would slow traffic also . Hoping these ideas are of some help for you . Yours truly , OF PORT go )2..6e:7 / (61" • A . Shirley Manion • 1996 1.Del 1 J LIS 4CE1. . 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DEMEYERE LIMITED CONSUL ANG ENGINEERS • IILLSONBURG, ONTARIO 9409 NOVEMBER 1995 THE CORPORATION OF THE VILLAGE OF PORT BURWELL PO Box #10 21 Pitt Street Port Burwell ON NOJ 1TO BY-LAW Being a by-law to revise and to consolidate certain by-laws regulating traffic and the parking of motor vehicles in the Village of Port Burwell THE COUNCIL OF THE CORPORATION OF THE VILLAGE OF PORT BURWELL ENACTS AS FOLLOWS: SECTION A Definitions, Interpretation 1.0 In this By-Law: 1.1 "AUTHORIZED SIGN" means any sign or device placed or erected on a highway or on a designated fire route, under the authority of this by-law and the Village's Public Works Superintendent or Police, for the purpose of regulating, warning or guiding traffic. 1.2 "BICYCLE" is a vehicle as defined under the Ontario Highway Traffic Act. 1.3 "BOULEVARD" shall be construed to mean that portions of every highway or road allowance within the limits of the Village of Port Burwell which is not used as a sidewalk or as a travelled roadway. 1.4 "COMMERCIAL MOTOR VEHICLE" means a motor vehicle as defined under the Ontario Highway Traffic Act. 1.5 "CORNER" with reference to a highway intersection means the point of intersection of the lateral curb lines or, in the absence of curbs, the extension of the edges of the roadways. 1.6 "CORPORATION" means the Corporation of the Village of Port Burwell. Page 1 of 11 1.7 "COUNCIL" means the Council of the Corporation. 1.8 "CROSSOVER" means a crossover as defined under the Ontario Highway Traffic Act. 1.9 "CURBLINE" means where the curb is constructed, the line thereof; where no curb is constructed "curbline" shall be constructed as meaning the edge of the travelled portion of the highway. 1.10 "DESIGNATED FIRE ROUTE" or "FIRE ROUTE" means any part of a private roadway designated as a fire route under the authority of this by-law. 1.11 "DESIGNATED PARKING SPACE" or "DESIGNATED DISABLED PERSON PARKING SPACE" means a parking space located on any public highway in the Village of Port Burwell or on a Village owned or occupied by the municipality or any local board thereof designated for parking of vehicles, and marked by an official sign to be for the sole use of vehicles displaying a disabled person parking permit. 1.12 'DISABLED PERSON" is a person as defined under the Ontario Highway Traffic Act. 1.13 "DISABLED PERSON PARKING PERMIT' means a disabled person parking permit issued under the Highway Traffic Act. 1.14 "DRIVEWAY" means improved land on a highway which provides vehicles access from the roadway to a laneway or a parking area on adjacent land. 1.15 "GROSS WEIGHT' as defined under the Ontario Highway Traffic Act. 1.16 "HEAVY TRUCK" means any commercial motor vehicle which has a registered gross vehicle or gross weight exceeding 3,000 kilograms according to the current permit or vehicle registration which has been issued under the Highway Traffic Act, regardless of the actual weight of such vehicles, but does not include a vehicle operated by or on behalf of the Corporation or a school bus which is in the course of transporting children or mentally retarded adults to and from school. 1.17 "HIGHWAY" means a public road allowance as defined under the Ontario Highway Traffic Act. Page 2 of 11 1.18 "HIGHWAY TRAFFIC ACT' means the Highway Traffic Act, R.S.O. 1990 c. H. 8 1.19 "HOLIDAY" means a day appointed or proclaimed by the Government of Canada, the Province of Ontario or the Village of Port Burwell to be celebrated as a public holiday and includes: Sunday, New Year's Day, Good Friday, Easter Monday, Labour Day, Thanksgiving Day, Remembrance Day Christmas Day and Boxing Day. 1.20 "INTERSECTION" as defined under the Ontario Highway Traffic Act. 1.21 "LANEWAY" means improved land adjacent to the Highway which provides access from the highway to a parking area or to commercial property on adjacent land. 1.22 "LOADING ZONE" means the part of a highway set apart for the exclusive purpose of parking a school bus to load or unload the same. 1.23 "LOCAL BOARD" means a school board, public utility commission, police services board, planning advisory committee, or any other board, commission, committee, body or local authority established and exercising any power or authority under any general or special Act with respect to any of the affairs or purposes, including school purposes, of a municipality or of two or more municipalities or parts thereof. 1.24 "ME 1 hRED PARKING SPACE" means a parking space for which a meter or other mechanical device is provided or any space adjacent to which a parking meter or other mechanical device is located. 1.25 "MOTOR VEHICLE" means a motor vehicle as defined under the Ontario Highway Traffic Act. 1.26 "M.T.O." means the Ministry of Transportation of the Province of Ontario. 1.27 "MUNICIPALITY' means the Corporation of the Village of Port Burwell. 1.28 "OFFICER" means the Peace Officer of the Ontario Provincial Police Service, Port Burwell Police Service or any person authorized by Council and charged with the enforcement of this by-law. Page 3 of 11 1.29 "OFFICIAL SIGN" means a sign approved by the M.T.O. and erected by the municipality pursuant to this by-law. 1.30 "PARK" or "PARKING" as defined under the Ontario Highway Traffic Act. 1.31 "PARKING ME 1 ER" means an instrument for receiving coin payments and upon receipt of same then indicating and measuring specific time intervals during which a vehicle may be parked in the designated parking space. Upon the expiration of the allotted time interval, the meter indicates that the time has elapsed. 1.32 "PARKING METER COVER" means a hood, bag or other such covering for a parking meter which is placed over the meter by an authorized official to indicate that a parking meter is not to be used and that the parking space is not available for parking. 1.33 "POLICE OFFICER" means a Peace Officer of the Ontario Provincial Police or of the Port Burwell Police Service. 1.34 "PRIVATE ROADWAY" means any private road, lane, ramp or other means of vehicles access to or egress, not owned or maintained by the municipality of the Village of Port Burwell, from a building or structure and it may include part of a parking lot. 1.35 "ROADWAY" as defined under the Ontario Highway Traffic Act. 1.36 "SIDEWALK" includes all such parts of a highway as are set aside by the Corporation for use by the general public for the passage of pedestrians. 1.37 "STAND"or "STANDING", as defined under the Ontario Highway Traffic Act. 1.38 "STOP" or "STOPPING", as defined under the Ontario Highway Traffic Act. 1.39 'TIME" means standard time except in periods when daylight savings time is in effect, in which periods it shall mean daylight savings time. 1.40 'TRAFFIC CONTROL SIGNAL" as defined under the Ontario Highway Traffic Act. Page 4 01 11 1.41 'TRAFFIC CONTROL SIGNAL SYSTEM" as defined under the Ontario Highway Traffic Act. 1.42 "U-TURN" means the turning of a vehicle within a roadway so as to proceed in the opposite direction. 1.43 'VEHICLE" as defined under the Ontario Highway Traffic Act 1.44 "VILLAGE" means the Corporation of the Village of Port Burwell. SECTION B ABBREVIATIONS 2.0 In the Schedules to this by-law, the following abbreviations and symbols stand for the words illustrated below: 2.1 Ave. - Avenue Blvd. - Boulevard St. - Street Cres. - Crescent Ct. - Court Dr. - Drive Rd. - Road 2.2 mm - Millimetre cm - Centimetre m - metre km/h - Kilometres Per Hour kg - Kilograms 2.3 A.M. - Ante Meridian P.M. - Post Meridian Page 5 of 11 SECTION C INTERPRETATION 3.0 In this by-law, 3.1 All distances/dimensions are indicated in the metric measurement. 3.2 A word interpretated in the singular number has a corresponding meaning when used in the plural. 3.3 Reference to the masculine gender shall be interpreted to mean the feminine gender as well as masculine. 3.4 The word "may" shall be interpret.-- to be permissive. 3.5 The word "shall" shall be interpreted to be imperative. SECTION D General Provisions, Traffic 4.() APPLICATION 4.1 This section shall apply to all highways under the jurisdiction of the Village of Port Burwell. 5.0 ENFORCEMENT 5.1 This Section may be enforced by a police officer or municipal law enforcement officer appointed by the Council or by any person designated pursuant to the Provincial Offenses Act as a provincial offenses officer for the purposes of all or any of the offenses under this Section. 6.0 TEMPORARY PROVISIONS 6.1 The Ontario Provincial Police and/or the Public Works Superintendent are hereby granted authority to make temporary provisions for the safety of pedestrians and the safe movements of traffic in the Village, or any part thereof, by means of highway marking signs, temporary curbs and safety devices, as Page 6 of 11 deemed necessary as a result of accidents, emergency or planned construction projects, parades, or other occasions where such provisions are required. 6.2 Wherever possible, such temporary provisions shall be confirmed by resolution of Council prior to being implemented. 7.0 HIGHWAY TRAFFIC ACT 7.1 The provisions of this by-law are subject to the provisions of The Highway Traffic Act and Regulations thereto. 8.0 DISPLAYING VEHICLES FOR SALE 8.1 No person shall park any vehicle on any highway for the purpose of displaying the same for sale. 9.0 EXEMPTION OF MUNICIPAL VEHICLE 9.1 This by-law does not apply to vehicles operated by the municipality from time to time for municipal purposes. 10.0 FUNERALS AND PARADES 10.1 No person shall drive any vehicle, except emergency vehicles, between the vehicles in any duly authorized parade or funeral procession on any highway. 11.0 PLAYING ON PAVEMENTS 11.1 No persons shall engage in any group game or sports activity upon roller skates, roller blades, hand drawn sleigh, wagon or riding in or by means of any non- motorized coaster, skateboard, toy vehicle, or similar device upon any roadway. 12.0 PROHIBITION OF REPAIRING, WASHING, WAXING OR GREASING OF VEHICLES Page 7 of 11 12.1 No person shall make use of any roadway for the purpose of washing, waxing, greasing or repairing any vehicle, except such emergency repairs as are necessary to enable the vehicle to be removed from the highway, and disabled vehicles shall be removed or caused to be removed from the highway by the driver or owner without delay. 13.0 RULES OF THE ROAD NOT PROVIDED FOR IN THE HIGHWAY TRAFFIC ACT 13.1 No driver of any vehicle shall drive within, upon, across or along any sidewalk, path or boulevard except at a driveway, unless the need for such use of a motor vehicle is created by an emergency, or such motor vehicle is actually engaged in works undertaken by or on behalf of the Village of Port Burwell. 14.0 UNAUTHORIZED SIGNS 14.1 No person shall place, maintain or display on any highway, any unauthorized device which is an imitation of, or purports to be, or resembles any official sign or signal, or which purports to direct parking or the movement of traffic or the actions of operators of vehicles. Any such device shall be deemed a public nuisance and any Police or other Officer authorized to enforce this By-Law, may remove the same without notice. 15.0 U-TURNS 15.1 No person in a motor vehicle shall make a U-turn on any portion of roadway which lies within the Village of Port Burwell as set out in Schedule I attached to this By-Law. 16.0 PROHIBITED TURNS 16.1 No person operating a motor vehicle shall make any turn on any portion of roadway as set out in Schedule I attached to this By-Law. 16.2 No person operating a motor vehicle shall make a left turn as set out in Schedule I attached to this By-Law. 16.3 No person operating a motor vehicle shall make a right turn as set out in Schedule I attached to this By-Law. Page 8 of 11 17.0 THROUGH HIGHWAYS 17.1 The highways set out in Column 1 of Schedule III to this By-Law, between the limits set out in Columns 2 and 3 of the said Schedule are, except as provided in subsection (2) of this section, hereby designated as Through Highways. 17.2 The designation, in subsection (1) of this section, of a highway or part thereof as a Through Highway shall not include any intersection thereon where the road intersected is a King's Highway or where traffic control signals are installed. 18.0 ONE-WAY TRAFFIC 18.1 Vehicles travelling on highways named in Column 1 of Schedule III to this By- Law, shall only travel in the direction permitted in Column 4 of the said Schedule, within the limits named in Column 2 and 3 of the said Schedule. 18.2 This section shall come into force when official signs indicating the direction of traffic have been erected and are on display at every intersection where movement in the opposite direction is prohibited. 19.0 MAXIMUM SPEED 19.1 The maximum rate of speed for any vehicle travelling of any highway within the Village of Port Burwell shall be 50 km/h. 20.0 LOADING AND UNLOADING ZONES 20.1 No person shall stop or park a vehicle in a designated loading zone unless for the purposes of loading or unloading. 20.2 The highways or portions of highways set out in Column 1 of Schedule IV to this By-Law on the side set out in Column 2 of the said Schedule betweenthe limits set out in Column 3 and 4 of the said Schedule are hereby designated as Loading and Unloading. 20.3 The highways or portions of highways set out in Column 1 of Schedule V to this By-Law on the side set out in Column 2 of the said Schedule between the limits Page 9 of 11 set out in Column 3 and 4 of the said Schedule and at the school or institution set out in Column 5 of the said Schedule are hereby designated as School Bus Loading Zones. 20.4 Each of the designations referred to in Schedule V shall not become effective until the highways or portions thereof are marked to comply with the Regulations made under The Highway Traffic Act. 20.5 When a School Bus Loading Zone has been established and signs have been erected and are on display, no person operating a School Bus shall park the bus in the vicinity of a school except within a School Bus Loading Zone. 21.0 TRUCK ROUTE 21.1 The Truck Route set out in subsection 21.2 shall come into effect upon placement or erection of the appropriate official signs. 21.2 Reserved 22.0 OVERSIZED LOAD PERMIT 22.1 The Ontario Provincial Police and the Chief Building Official and/or the Clerk may, upon application in writing, grant a permit for the moving of heavy vehicles, leads, objects, or structures in excess of the dimensional limits and weight limits as set out in the Highway Traffic Act of the Province of Ontario. The permit may be general or may limit the time and particular highway that might be used, and may contain conditions relating to the protection of persons and property from injury or damage and may require a Bond or security sufficient to cover the cost of repairing any possible damage to the highway. The owner, operator, or mover of a heavy vehicle, load, object, or structure in respect of which a permit is issued under this section is nevertheless responsible for all damages that may he caused to the highway. 23.0 BICYCLES 23.1 No person shall operate a bicycle with a wheel diameter in excess of 40 cm on any sidewalk located in the Village of Port Burwell. 24.0 BLOCKING OF SIGNALIZED INTERSECTIONS Page 10 of 11 24.1 No driver or operator of a vehicle, when approaching a green signal light at an intersection, shall enter the intersection unless traffic in front of him is moving in a manner that would reasonably lead him to believe be can clear the intersection before the signal light turns red. 24.2 Subsection 1 of this section does not apply to the driver or operator of a vehicle who enters an intersection for the purpose of turning to the right or left into an intersecting highway and signals his intentions to make such turn prior to entering the intersection. 24.3 No person shall stop or park a vehicle within an intersection. Read a first and second time this 10th day of January, 1994 Reeve Administrator/Clerk-Treasurer Read a third time and finally passed this 10th day of January, 1994 Page 11 of 11 G OF PORT B�9 1a>� ,\SNP t wF THE CORPORATION OF THE VILLAGE OF PORT BURWELL PO Box 10.Port Burwell.Ontario NOJ I TO Ort 1 51 Ci telephone (519) 874-4343 • fax (519) 874-4948 Oilagiftlek el 4 PORTUS REFUG" 44 Memo �0 To: Council From: D. Free Re: Parking By-Law Date: December 20, 1993 Council: Earlier in September the attached parking by-law was proposed for the Village of Port Burwell, at that point in time it seemed to gain some controversy and Council required a copy of the by-law. Due to the hectic schedule 1 have been unable to provide the by-law until this time with all of the appropriate schedules attached. 1 request that Council review the attached by-law at their earliest possible convenience. I. ee Ends David R.Free,CET,AMCT • Administrator/Clerk-Treasurer Village of Port Burwell Post Office Box #10 21 Pitt Street Port Burwell, Ontario NW 1 Tn Memo File Name: stsign.mem �� To: Council FILE !� From, D. Free Re: Report from Brian Wolfe/Parking By-Law Date: July 29, 1993 Please find attached a summary of costs with regards to sign pursuant to the parking by-law which is in its' final form of formulation. Currently the by-law has been circulated to our lawyers for review and we would use a short form for the enforcement of the by-law. I anticipate circulating a copy of this by-law no later than Monday, August 2, 1993 for Council's review. As indicated in the attached memo, the capital cost to implement this by-law would be approximately $6,400.W, and the revenuew would be approximately 12,500.W. The difference that I would propose would be that the tickets would remain $5.00 but however$8.00 after two days. There is a payback period on this basis of approximately 2.79 years. This by-law would eliminate some of our administrative problems, as well as operational difficulties and provide us the mechanisms to deal with repeat offenders and unsafe conditions within the community. Please review this at your earliest possible convenience, additional information is to follow. AlLe •' Free G� OF PORT 8 k t < THE CORPORATION OF THE VILLAGE OF PORT BURWELL •� O.Box 10,Port Burwell,Ontario NOJ I TO ,ro�=!pr�l P.telephone (S 19) 874-4343 • fax (519) 874-4948 464 'ORTUS REFUG1U0 1tern o • To: Council From: D. Free Re: Parking Date: April 12, 1996 I have attached excerpts from the Municipal Act with regards to Municipal parking issues which has been raised at various points in time during Council & Business Planning Meetings. I would request that Council review the attached and consider the latitude that is provided within the Municipal Act in order to deal with this issue which seems to be continually nagging businesses and residents of the community. ee David R.Free,CET,AMCT • Administrator/Clerk-Treasurer 7M.IMMMlmImmlmmlmlm ''m'm. l' --- Municipal parking lots -- s. 56 56. For acquiring, establishing, laying out and improving land, buildings and structures where vehicles may be parked, and for erecting buildings or structures for or in connection with the parking of vehicles in, on or under any land vested for any purpose in a municipality, and for leasing such land, buildings or structures, and for regulating, supervising and governing the parking of vehicles therein or thereon. Definition of vehicle (a) A by-law under this paragraph may define vehicle for the purposes of the by-law. Application (b) Land acquired or established for the parking of vehicles under this paragraph and buildings and structures acquired or erected under this paragraph shall be deemed to be a highway for the purposes of paragraph 8 of subsection 314(1) and that said paragraph applies to such land, buildings and structures. (c)Canada Law Book Inc. 1995 Levy of parking lot cost against defined area (f) (i) A by-law passed under the authority of this paragraph may provide, with the approval of the Municipal Board, that the capital cost thereof, or any part thereof, the annual rental payable under a lease or any operating deficit in the previous year shall be levied against the land in a defined area in the municipality that in the opinion of the council derive special benefit therefrom, and in that case the by-law shall have appended thereto a schedule establishing the portion of the cost that shall be levied against each parcel of land in the defined area. (ii) The entire cost chargeable to land in the defined area shall be equitably apportioned among all the parcels in accordance with the benefits accruing to a parcel from the establishment of the parking lot or in the proportion that the assessment of each parcel bears to the total assessment of the parcels in the defined area. (iii) Where the capital cost or a part thereof is to be levied as provided in subclause (i), the council shall give notice of its application to the Municipal Board for approval of the by-law to the assessed owner of each parcel of land in the defined area. (iv) The Municipal Board shall not approve the by-law if a petition objecting to the levy of the capital cost against the defined area, signed by at least two-thirds of the assessed owners representing at least one-half of the assessed value of the land in the area, is filed with the Board at or prior to the hearing of the application. (v) Where a by-law establishing a parking lot provides for levying the capital cost thereof against land in a defined area, the net revenue derived from the operation of such parking lot shall be used to reduce the special levy to be made against the land in the defined area under subclause (iii) in the proportion the special levy made against each parcel of land bears to the total special levy, and after the debentures have been retired the net revenue derived from the operation of such parking lot shall be paid into the reserve fund set up under clause (d) or, if no reserve fund has been set up under clause (d), a reserve fund shall be set up for the same purposes and such net revenue paid into the fund and applied in accordance with clause (e). Change in area receiving benefit (g) If a by-law imposing a levy under clause (f) is in effect and the council is of the opinion that, (i) there has been an increase in special benefit derived from the parking facilities by a parcel of land in the defined area against which a portion of the cost has been levied, (ii) a parcel of land in the defined area has begun to derive or has ceased to derive a special benefit from the parking facilities, or (c) Canada Law Book Inc. 1995 (iii) a parcel of land outside the defined area has begun to derive a special benefit from the parking facilities, the council may by by-law passed with the approval of the Municipal Board, (iv) redefine the areas in the municipality that contain the land that derive a special benefit from the by-law, and (v) amend the schedule to the by-law imposing the special levy so as to reapportion the costs against each parcel of land in the defined areas that derive a special benefit. Rates (h) A by-law passed under this paragraph may establish parking rates which vary according to the location of the land, building or structure used for parking. Ic)Canada Law Book Inc. 1995 • The Corporation of the Village of Port Burwell By-Law 93-10 Being a By-Law to adopt the current estimates and strike the interim levies and rates of taxation for the year 1993. WHEREAS the Council of the Corporation of the Village of Port Burwell in accordance with The Municipal Act, considered the estimates of the municipality and of the Boards thereof and by virtue of The Municipal Act, The Ontario Unconditional Grants Act, and The Education Act, R.S.O. 19%, it is necessary that the following sums be raised by means of taxation for the year 1993. General Municipal Purposes $195,758.64 County Purposes $70,251.65 Public School Purposes $96,928.17 Separate School Purposes $12,001.88 Secondary School Purposes $91,348.57 Total $466,288.% AND WHEREAS all real property and business assessment rolls made for the year 1993 taxes are to be levied have been returned, revised and duly certified by the Regional Registrar of The Assessment Review Court. AND WHEREAS the Residential and Farm Assessment as defined in Section 7 of The Ontario Unconditional Grants Act, R.S.O. 1990, and the Commercial Assessment as defined in Section 1 of the said Act have been determined on the basis of the aforementioned real property and business assessment rolls. NOW THEREFOR the Council of the Corporation of the Village of Port Burwell hereby ENACTS AS FOLLOWS: 1. There shall be levied and collected upon all rateable land, building and business assessment of the Corporation of the Village of Port Burwell the following rates of taxation per the attached Schedule A. a • • • Village of Port Burwell e Mill Rate Calculations 1993 Schedule "A" Res&Farm Mill Res&Farm Commercial Mill Comm & Ind Business Mill Business i Assessment Rate Levy Assessment r Rats Levy Assessment Rate Levy Total 1 Village 1,045.263 181.750 1169.071 29 103.992 190.295 $19.789.16 38,250 190.295 18,898 19 1195.758 84 County 1,045,283 58.047 180,874.38 103,992 88.291 $7,101.72 38,250 88.291 $2,475.55 170,251.85 Public School Board Elementary 979.507 85.210 183,463 79 99,547 100.247 $9.979.29 34,765 100.247 13,485.09 $98,928.17 Secondary 979.507 80 305 178,659 31 99.547 94.476 $9,404.80 34,765 94.476 13,284.48 $91.348 57 Separate School Board Elementary 65,756 94.194 18.193.82 4,445 110.818 1492.58 1,485 110.818 1164.58 $8.850.98 Secondary 85,758 70.820 14,658.84 4,445 83.318 $370.35 1.485 83.318 1123.73 $5,150 92 Sub-Total 1402,719.43 147,137 89 118,431.58 1488,288.90 411 2. Notwithstanding the provisions of Clause 1 of this by-law, any additional taxes payable as a result of additions to the roll pursuant to Section 33 of The Assessment Act, R.S.O. 19%, shall be the portion of the amount of taxes which would have been levied for the current year is the assessment had been made in the usual way, and that portion shall be in the ratio that the number of months remaining in the current year after the month in which the notice provided for therein , is delivered or sent, bears to the number twelve, and shall be entered in the Collector's Roll and collect, in the same manner as if the assessment had been made in the usual way and more particularly described as follows: a) If the Assessment has been added to the Collectors Roll after June 30, the taxes shall be due and payable in one instalment on the 25th day of the month following the entry of the assessment in the Collector's Roll. b) If the business assessment has been added to the Collector's Roll after June 30, the business tax shall be due and payable in one instalment on the 25th day of the month following the day of entry of the assessment on the Collector's Roll. 3. The taxes shall be due and payable in two equal instalments as follows: March 31, 1993 May 28, 1993 August 15, 1993 • October 29, 1993 November 30, 1993 4. The Collector is hereby authorized to mail, deliver and cause to be mailed or delivered, the notice of taxes due to the address of the residence or place of business of the person to whom such notice is required to be given. 5. Taxes shall be payable at par to the Corporation of the Village of Port Burwell Municipal Office or by mail to: The Corporation of the Village of Port Burwell Post Office Box #10, 21 Pin Street Port Burwell, Ontario NW 170 or at the Port Burwell Canadian Imperial Bank of Commerce. 6. There shall be imposed as a penalty for non-payment of taxes or any class or instalment thereof on the due date as specified in Clause 2 of this by-law, as the case may be, a percentage charge of one and one quarter percent (1.25% ) on the first day next after the appropriate due date, which shall be the first day of default and an additional penalty of one and one quarter percent (1.25%) shall be added on the first day of each calender month thereafter in which default continues, but in no event shall any penalty be added under this clause after the year 1993. 1111 7. The Clerk-Treasurer and Collector of taxes (and a Bank specified under Section 386 (8)0 be and the same are hereby authorized to accept part payment from time to time on account of any taxes due and to give a receipt for such payment provided that acceptance of any such payment shall not affect the collection of any percentage charge imposed and collectable under Clause 6 hereof in respect of non-payment of any taxes or any class of taxes or of any instalment thereof • 8. In respect to the payment of taxes by tenants of lands owned by the Crown or in which the Crown has an interest provisions is hereby provided that where any such tenant has ben employed either within or outside the municipality be the same employer for not less that thirty (30) days, such employer shall pay over to the Treasurer or Collector on demand out of any wages, salary or other remuneration due to such employee the amount then payable for taxes under this by-law and any such payment shall relieve the employer from any liability to the employee for the amount so paid. 9. This by-law shall come into force and take effect on the date it receives final approval. • 11111 • Read a first and second time this 2&h day of September 1993. 6 Reeve �trator/Clerk-Treasurer Read a third time and finally passed this 2&h day of September, 1993. fititi Reeve 4 Zor ,1llrtstrator/Clerk-Treasurer • • Village of Port Burwell Post Office Box #10 21 Pitt Street Port Burwell, Ontario NOf 170 Resolution Tuesday, September 28, 1993 MOVED BY: Tom Nesbitt SECONDED BY: Ed Epple BE IT RESOLVED that the Council of the Village of Port Burwell hereby engrosses By-Law 93-10, the 1993 Annual Estimates read a first and second time. UNANIMOUSLY Reeve Hugh Brooks \ S • \ \ \ Village of Port Burwell 1993 Annual Estimates \ By-Law 93-10 \ \ prepared by: \ D. R. Free, CET, AMCT(A) Administrator/Clerk-Treasurer \ September 28, 1993 •//////////////////////////// i Setup: Consolidated Stmt of Operation SAFETY 28 Sep 93 Consolidated Stmt of Operation Beg: 01 Jan 93 End: 31 Dec 93 Type: B • SOURCES OF FINANCING Taxation and user charges: Residential taxation 406, 821. 00 Comm. & ind. taxation 43 , 443 . 00 Business taxation 15, 143 . 00 Taxation from other government 13 , 400. 00 Water & sewer billings 239, 218 . 00 User charges 251, 004 .97 Total taxation & user charges 969, 029. 97 Grants: Province of Ontario 148 , 150. 00 Government of Canada 17 , 937 . 10 Other municipalities 8 , 333 . 00 Total grants 174 , 420. 10 Other: Sale of land 0. 00 Donations 6, 000. 00 Investment income 500. 00 Penalties\Interest - Taxation 8, 000. 00 Penalties\Interest - Wtr\Sewer 3 , 000. 00 •tal other 17 , 500. 00 Deduct: Amts for Cty & School boards 280, 596. 71 Appropriations from reserves 0. 00 Municipal fund balances, begin ning of year To be used to offset(recovered from taxation or user charges 0. 00 Total 0. 00 Total financing available during the year 880, 353 . 36 APPLIED TO: CURRENT OPERATIONS General government 247 , 932 . 76 Fire protection 29, 325. 00 Other protection to persons and property 15, 258. 00 Transportation services 117 , 351. 00 Sanitary sewers 144 , 945. 00 Waterworks system 96, 273 . 00 Oarbage collection 60, 697 . 00 creation & culture services 111, 162 . 00 r'lanning and Development 21, 500. 00 Description Beg: 01 Jan 93 End: 31 Dec 93 Type: B Setup: Consolidated Stmt of Operation SAFETY 28 Sep 93 Consolidated Stmt of Operation Beg: 01 Jan 93 End: 31 Dec 93 Type: B otal Current Operations 844 , 443 .76 CAPITAL OPERATIONS Roadways 7 , 500. 00 Street lighting 0.00 Land 0. 00 Harbour 0. 00 Recreation & culture services 2 , 000. 00 Fire Fighting equipment 6, 300. 00 Water & Sanitary Sewer System 0. 00 Other 19 , 000. 00 Total Capital Operations 34 , 800. 00 Net appropriations to reserves 0. 00 TOTAL CURRENT & CAPITAL 879, 243 .76 Offset of operations 0. 00 Capital operations not yet financed 0. 00 TOTAL APPLICATIONS - YEAR 879, 243 .76 1JRPLUS (DEFICIT) 1, 109 . 60 • Description Beg: 01 Jan 93 End: 31 Dec 93 Type: B Setup: Taxation - Billings SAFETY 28 Sep 93 flraxation - Billings Beg: 01 Jan 93 End: 31 Dec 93 Type: B IlkSIDENTIAL TAXATION: Residential 406, 821 . 00 Residential - supplementary 0. 00 TOTAL RESIDENTIAL TAXATION 406, 821. 00 COMMERCIAL TAXATION: Commercial 43 , 443 . 00 Commercial - supplementary 0. 00 TOTAL COMMERCIAL TAXATION 43 , 443 . 00 BUSINESS TAXATION: Business 15, 143 . 00 Business - supplementary 0. 00 TOTAL BUSINESS TAXATION 15, 143 . 00 i • Description Beg: 01 Jan 93 End: 31 Dec 93 Type: B • Setup: User Charges\Grants SAFETY 28 Sep 93 f(TJser Charges\Grants Beg: 01 Jan 93 End: 31 Dec 93 Type: B • Amtelecom - GIL 12 , 852 . 00 Bell Canada - GIL 270. 30 Boat launches 4 , 200. 00 BTA 500. 00 Building permits 2 , 000. 00 Commissioner signatures 100. 00 Development Charges 6, 000. 00 Dockage fees 5, 915. 67 Dog tags 1, 000. 00 East Beach 1, 500. 00 Farmers' Market 2 , 500. 00 Fax income 300. 00 Municipal Marina 12, 000. 00 Library Lease - County 5, 200. 00 Lottery Licences 6, 000. 00 Minor Variances 500. 00 Miscellaneous 7 , 000. 00 Municipal Services 4 , 200. 00 MOE 8, 000. 00 Non-Profit Housing 7 , 500. 00 Ping & Devel 't Recovery 0. 00 Photocopier income 700. 00 .ecial Events 17 , 000. 00 x certificates 800. 00 Tax collection charges 600. 00 Tax sales 3 , 200. 00 Telephone poles 0. 00 Trailer park 21, 000. 00 Village mugs 25. 00 Village pins 150. 00 Wharfinger lease 1, 000. 00 Work order certificates 300. 00 Zoning certificates 600. 00 Museum Board 15, 550. 00 Recreation Board 102 , 542 . 00 Total income - other 251, 004 . 97 PROVINCIAL GRANTS: Roads grant 40, 000. 00 Student Grants 1, 800. 00 EYC Grant 0. 00 Ontario pay equity 350. 00 Unconditional grants 106, 000. 00 •TAL PROVINCIAL GRANTS 148, 150. 00 FEDERAL GRANTS: Description Beg: 01 Jan 93 End: 31 Dec 93 Type: B Setup: User Charges\Grants SAFETY 28 Sep 93 ltHTser Charges\Grants Beg: 01 Jan 93 End: 31 Dec 93 Type: B edging grant 7 , 200. 00 Recycling grant 737. 10 Community Futures 10, 000. 00 TOTAL FEDERAL GRANTS 17, 937 . 10 OTHER MUNICIPALITIES: Bayham Township Recycling 3 , 333 . 00 County - Urban Roads Rebate 5, 000. 00 TOTAL GRANTS FROM OTHER 8, 333 . 00 MUNICIPALITIES OTHER: Sale of Land 0. 00 Donations 6, 000. 00 Bank interest 500. 00 Penalties - taxes 8, 000. 00 Penalties - water\sewer 3 , 000. 00 TOTAL OTHER 17 , 500. 00 TAXATION FROM OTHER GOVT: , BO - GIL 3 , 000. 00 R - GIL 10,400. 00 Total Taxation from other govt 13 , 400. 00 11, Description Beg: 01 Jan 93 End: 31 Dec 93 Type: B Setup: General Government expenses SAFETY 28 Sep 93 General Government expenses Beg: 01 Jan 93 End: 31 Dec 93 Type: B NERAL GOVERNMENT: Administration - CPP empr 1, 500. 00 Administration - insurance 3 , 000. 00 Administration - OHT 900. 00 Administration - salaries 44 , 330. 00 Administration - UIC 3, 000. 00 Auditor 12, 000. 00 Bank charges 800. 00 Beautification 3 , 000. 00 Boardwalk\docks 0. 00 Cleaning - Library 1, 300. 00 Cleaning - office 2 , 000. 00 Cleaning - OPP office 750. 00 Computer assistance 5, 000. 00 Computer software 2 , 000. 00 Council remuneration 18, 000. 00 Council travel expenses 250. 00 Courier 750. 00 Donations 1, 500. 00 EYC Wages 0. 00 EYC - deductions emp 0.00 EYC - deductions 0. 00 EYC - OHT 78 . 20 .rmers' Market 2 , 500. 00 arms 250. 00 arbour - Dredging 15, 000. 00 Heating - Library 700. 00 Hydro - East Beach 500. 00 Hydro - Library 1, 150. 00 Hydro - office 2 ,850. 00 Hydro - trailer park 2 , 000. 00 Inner harbour taxes 3 , 200. 00 Insurance - Village 5, 200. 00 Land Purchase 1. 00 Legal 11, 000. 00 Loan interest 10, 500. 00 Maintenance - East Beach 4 , 000. 00 Maintenance - Library 600. 00 Maintenance - Office 1, 500. 00 Maintenance - Trailer park 500. 00 Memberships 750. 00 Miscellaneous - gen. gov't. 4 , 000. 00 Office Equipment 250. 00 Office supplies 5, 000. 00 Photocopier lease 5, 000. 00 Postage 2 , 800. 00 Promotion\Advertising 8, 000. 00 Publications 500. 00 eminars 1, 000.00 •ecial events 17 , 323 .56 'mall craft harbours 3 , 800.00 Subscriptions 450. 00 Description Beg: 01 Jan 93 End: 31 Dec 93 Type: B Setup: General Government expenses SAFETY 28 Sep 93 1IeneralGovernment expenses Beg: 01 Jan 93 End: 31 Dec 93 Type: B li x Collections 2 , 000. 00 Tax forms 500. 00 Telephone - fax 600. 00 Telephone - Library 50. 00 Telephone - office 6, 000. 00 Telephone - OPP 500. 00 Trailer park expenses 500. 00 Training & Education 1, 000. 00 Travel expenses 3 , 500. 00 Water\sewer - Library 500. 00 Water\sewer - office 500. 00 Water\sewer - trailer park 500. 00 Wharfinger 2 , 200. 00 Worker's Compensation Board 4 , 100. 00 Alloc'n to Working Capital 3 , 000. 00 P & I on long term debt 9, 000. 00 Alloc'n to Fire Truck Reserve 3 , 000. 00 TOTAL EXPENSES - GEN. GOV'T 247 , 932 . 76 111 1 411 Description Beg: 01 Jan 93 End: 31 Dec 93 Type: B Setup: Fire Department expenses SAFETY 28 Sep 93 Fire Department expenses Beg: 01 Jan 93 End: 31 Dec 93 Type: B RE DEPARTMENT EXPENSES: Building maintenance - fire 1, 200. 00 Equipment - fire 1, 150. 00 Equip. rep. - fire dept. 1, 400. 00 Gasoline - fire dept. 250. 00 Heating fuel - fire dept. 2 , 800. 00 Hydro - fire dept. 900. 00 Material - fire dept. 1, 000. 00 Memberships 200. 00 Pager\Radio - fire dept. 500. 00 Subscriptions - fire dept. 75. 00 Telephone - fire dept. 2 , 000. 00 Training 1, 800. 00 Truck repairs - fire dept. 750. 00 Wages 15, 000. 00 Water\sewer - fire dept. 300. 00 TOTAL EXPENSES - FIRE DEPT. 29, 325. 00 111 Description Beg:01 Jan 93 End: 31 Dec 93 Type: B Setup: Other Protection expenses SAFETY 28 Sep 93 her Protection expenses ts Beg: 01 Jan 93 End: 31 Dec 93 Type: B ilding inspector courses 100. 00 Building inspector - pay 12 , 258 . 00 Dog tags - purchase 350. 00 Dog Catcher - pay 2 , 500. 00 Membership - building 50. 00 Telephone - build inps. 0. 00 TOTAL OTHER PROTECTION EXPENSE 15, 258 . 00 III 10 Description Beg: 01 Jan 93 End: 31 Dec 93 Type: B Setup: Transportation services (exp) SAFETY 28 Sep 93 ,Transportation services (exp) Beg: 01 Jan 93 End: 31 Dec 93 Type: B ANSPORTATION SERVICES: Christmas lights - install 170. 00 Equipment 1, 000. 00 Equipment rentals 1, 000. 00 Equipment repair - roads 7, 000. 00 Gasoline - Roads 2 , 000. 00 Grass cutting 400. 00 Heating - roads 690. 00 Hydro - roads 1, 000. 00 Maintenance - shop 4 , 000. 00 Material - roads 15, 000. 00 Material - shop 2 , 000. 00 Roads - clearing 0. 00 Roads - CPP 1, 200. 00 Roads - insurance 1, 700. 00 Roads - OHT 800. 00 Roads - project management 0. 00 Roads - UIC 2 , 200. 00 Sand\Salt 2 , 000. 00 Snowplowing 1, 500. 00 Street light hydro 6, 000. 00 Street lights - repair 4 , 000. 00 Telephone - roads 250. 00 uck repairs - Roads 4500. 00 hicle licences 110. 00 oads - Wages 62 , 531. 00 Water\sewer - roads 300. 00 TOTAL EXPENSES - ROADS 117 , 351. 00 • Description Beg: 01 Jan 93 End: 31 Dec 93 Type: B Setup: Sewage Works expenses SAFETY 28 Sep 93 IlSewage Works expenses Beg: 01 Jan 93 End: 31 Dec 93 Type: B IltWER EXPENSES: Auditor 3 , 000. 00 Postage 1, 000.00 Building maintenance 0.00 Salaries 18, 485. 00 Staff support 5, 000. 00 Sewage plant hydro 1, 000. 00 Sewage plant telephone 100. 00 Sewer precepts 116, 360. 00 TOTAL EXPENSES - SEWAGE 144 , 945. 00 • Description Beg: 01 Jan 93 End: 31 Dec 93 Type: B Setup: Water Works expenses SAFETY 28 Sep 93 iater Works expenses Beg: 01 Jan 93 End: 31 Dec 93 Type: B TER EXPENSES: Auditor 3 , 000. 00 Capital Projects\Debt Repmt 15, 000. 00 Meters 1, 300. 00 Postage for w\s bills 1, 000. 00 Monthly water charge 20, 000. 00 Precepts 25,848 . 00 Repairs to system 1, 000. 00 Salaries 19, 125. 00 Engineering 5, 000. 00 Appropriation to Reserves 5, 000. 00 TOTAL EXPENSES - WATER 96, 273 . 00 • III Description Beg: 01 Jan 93 End: 31 Dec 93 Type: B getup: Garbage Collection expenses SAFETY 28 Sep 93 arbage Collection expenses ilia' Beg: 01 Jan 93 End: 31 Dec 93 Type: B BAGE COLLECTION SERVICES: Garbage collection 37, 497 . 00 Recycling 22 , 000. 00 Waste management 1, 200. 00 TOTAL EXPENSES - GARBAGE 60, 697 . 00 III 411 Description Beg: 01 Jan 93 End: 31 Dec 93 Type: B Setup: Recreation & Museum Boards SAFETY 28 Sep 93 ecreation & Museum Boards Beg: 01 Jan 93 End: 31 Dec 93 Type: B CREATION BOARD: Bank Interest 100. 00 Baseball fees 260. 00 Beer Tent revenue 13, 500. 00 Day Camp Revenue 2 , 600. 00 Donations 3 , 400. 00 Miscellaneous revenue 0. 00 Nevada Proceeds 71, 182 . 00 Park Booth Revenue 1, 000. 00 Province of Ontario Grant 6, 000. 00 Santa Claus Parade 0. 00 Sports Activities 1, 000. 00 Tub Daze Entrance fees 3 , 200. 00 Vendor Fees 300. 00 Total revenue - Rec Board 102 , 542 . 00 Recreation Expenses: Advertising\Promotion 300. 00 Telephone - Ball park 150. 00 Hydro - Ball park 1, 000. 00 Ball park water\sewer 300. 00 Ipnk charges 50. 00 seball teams 6, 000. 00 Building\land maintenance 7, 000. 00 Day camp expenses 1, 000. 00 Donations to others 1, 000. 00 Lottery licences 3 , 888. 00 Miscellaneous 2 , 000. 00 Nevada tickets 14, 519. 00 Nevada tickets - commission 16, 162 . 00 Salaries 3 ,743 . 00 Salaries - ded. empl. 0. 00 Salaries - deductions 0. 00 Salaries - OHT 50. 00 Santa Claus Parade 2 , 500. 00 Supplies 1, 000. 00 Tub Daze 26, 700. 00 Recreation Director (Student) 4 , 200. 00 Total expenses - Rec. Board 91, 562 . 00 Surplus\Deficit 10, 980. 00 MUSEUM BOARD: Revenue - Museum: Shtabula prints 3 , 750. 00 nk interest 50. 00 Canada Day revenue 150. 00 Christmas 0. 00 Description Beg: 01 Jan 93 End: 31 Dec 93 Type: B Setup: Recreation & Museum Boards SAFETY 28 Sep 93 recreation & Museum Boards Beg: 01 Jan 93 End: 31 Dec 93 Type: B •nations 0. 00 Entrance Fee - Lighthouse 0. 00 Entrance Fee - Museum 3 , 600.00 Miscellaneous 3 , 000. 00 Provincial Grant 0. 00 Seed Grant 5, 000. 00 Total revenue - Museum 15, 550. 00 Museum Expenses: Bank Charges 150. 00 Canada Day expenses 0. 00 Cost of Ashtabula prints 1, 200. 00 Lighthouse 250. 00 Miscellaneous 1, 800. 00 Museum Maintenance 4 , 500. 00 Museum advertising 800. 00 Museum donations 0. 00 Museum - heating 380. 00 Hydro - Museum 1, 000. 00 Museum - office supplies 200. 00 Museum - telephone 250. 00 " seum - water\sewer 500. 00 aff - deductions 0. 00 Staff - ded. employer 0. 00 Staff - OHT 120. 00 Staff salaries 8 , 450. 00 Victoria day expenses 0. 00 Total expenses - Museum 19 , 600. 00 Surplus\Deficit 4 , 050. 00- TOTAL EXPENSES - REC & MUSEUM 111, 162 . 00 Total surplus\deficit r & m 6, 930. 00 Description Beg: 01 Jan 93 End: 31 Dec 93 Type: B Setup: Planning & Development expense SAFETY 28 Sep 93 IPlanning & Development expense Beg: 01 Jan 93 End: 31 Dec 93 Type: B VANNING & DEVELOPMENT Architect 11, 500. 00 Engineering 0. 00 General planning 4 , 000. 00 Marina planning 6, 000. 00 Surveyor - Land 0. 00 TOTAL EXPENSES - P & D 21, 500. 00 Description Beg: 01 Jan 93 End: 31 Dec 93 Type: B Setup: Roadways - Capital SAFETY 28 Sep 93 4111 oadways - Capital Beg: 01 Jan 93 End: 31 Dec 93 Type: B gineering 0. 00 Municipal Mapping 7 , 500. 00 Roads - constructon 0. 00 Roads - master plan 0. 00 TOTAL ROADWAYS- CAPITAL 7 , 500. 00 • 411 Description Beg: 01 Jan 93 End: 31 Dec 93 Type: B Setup: Recreation & Culture - Capital SAFETY 28 Sep 93 ecreation & Culture - Capital Beg: 01 Jan 93 End: 31 Dec 93ilik Type: B Iltand Equipment 2 , 000. 00 TOTAL REC & CULTURE - CAPITAL 2 , 000. 00 411 ill Description Beg: 01 Jan 93 End: 31 Dec 93 Type: B Setup: Fire Fighting Equipment SAFETY 28 Sep 93 ire Fighting Equipment Beg: 01 Jan 93 End: 31 Dec 93 Type: B 'lire Fighting Equipment Air Tanks 0. 00 Bunker Suits 4 , 500. 00 Pager & Radios 500. 00 Truck & Accessories 1, 300. 00 S.C.B.A. 0. 00 TOTAL FIRE FIGHTING EQUIPMENT 6, 300. 00 III I Description Beg: 01 Jan 93 End: 31 Dec 93 Type: B • Setup: Other - Capital SAFETY 28 Sep 93 Other - Capital Beg:01 Jan 93 End: 31 Dec 93 Type: B fice Computers41, 7, 000. 00 ax Machine 3 , 100. 00 Misc Office Capital 2 , 900.00 Village Sign 6, 000. 00 TOTAL OTHER - CAPITAL 19 , 000. 00 Description Beg: 01 Jan 93 End: 31 Dec 93 Type: B S Memo To: File From: D. Free Re: By-Law 93-10 Date: October 20, 1993 • The attached by-law 93-10 has been misplaced within the Village Offices, the by-law which is included in the records is a duplication from the computer systems within the Municipal operations and is true. Signatures have been acquired and the copy of the by-law has been included in file for future reference and distribution in accordance to the Municipal Act. Free a THE CORPORATION OF THE VILLAGE OF PORT BURWELL BY-LAW 93-11 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. AND WHEREAS Chapter 302 R.S.O. section 281 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: a. That all users of Port Burwell Municipal Water System will have their water supply metered. b. The water meter, remote readout and meter connections are owned by the Corporation of the Village of Port Burwell. c. The water meter is to be sealed by the Corporation and the seal is to remain unbroken. d. The readout is to be placed near the hydro meter readout with the utility user supplying sufficient space, with unobstructed visibility and access for reading with the naked eye. e. The utility user or occupant may with consent enclose the water meter in a manner to the satisfaction of the Village of Port Burwell. f. The water meter is not to be altered, defaced, or changed in any manner. g. The water meter is to be installed with a valve between the meter and the exterior stop cock. h. There are to be no T's or supply splits between the stop cock and the water meter. i. No residents or businesses shall connect eavestroughs, sumpumps or divert rain water into the sanitary sewer system. j. Any existing connection which is not domestic sanitary sewage discharge will be required to disconnect at the expense of the property owner k. Any all apartments buildings will recieve one water consumption bill and sewer at the rate per dwelling unit as described within the context of this by-law. 1110 1.0 RATES 1.1 All metered users shall pay $1.10 for the first cubic meter of water metered each month, and an additional $1.10 for each cubic meter, metered each month in excess of the first 5 cubic meters metered per month. 1.2 Where domestic sewers are connected to the metered supply, the sewage service rate shall be $38.80 each and every month irregardless of the quantity of water used. 1.3 Metered water users shall receive a minimum bill for 10 cubic meters per month regardless of quantity used, excepting for water consumption greater than 10 cubic meters per month. 1.4 Customers of occupied residence and businesses shall pay a minimum rate equivalent to 55 cubic meters per month if metered readings are unavailable or tampered. 1.5 All Customers shall be charged$35.00, this charge shall be levied in case of turn off for non payment of account or at the Customers request. 1.6 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 addition to the water/sewer bill. • 1.7 Should a Municipal sewer be hooked to a private water supply, the rate shall be $38.80 per month. 1.8 Any out of Town users shall pay a rate of 1.5 times the in Village users. 1.9 No person may use water from a fire hydrant, with the exception of the fire departments. 1.10 An application fee of$15.00 be levied for registering new Water meters with the municipality. 1.11 A water meter charge of$200.00 be levied for new meters installed. 1.12 No persons or Corporation other than those working on behalf of the Village of Port Burwell shall alter or tamper turn on or off water supplies to residences or business. Those fund to be guilty of tampering with valves, hydrants or appartances of municipal water system shall be charges and fined in accordance to paragraph (1.13) of this by-law. 1.13 Any person who contravenes this by-law is subject to a fine of up to $5,000.00 upon summary conviction or under Provincial Offenses Act. 2.0 INTRODUCTION . These guidelines provide minimum standards for the credit, collection and cut-off practices of water and sewer supplied by the Village of Port Burwell. Compliance with the guidelines is not legally required, but they are a benchmark of the practices accepted as reasonable by the majority of utility suppliers in Ontario. 3.0 DEFINITIONS 3.1 "Due Date' means the last day on which a bill is payable without a late payment charge. 3.2 "Public Utility" means water or sewer services supplied to the public. 3.3 "Supplier" means a municipal or other corporation supplying a public utility. 4.0 CREDIT CHECKS The Village of Port Burwell will have the right to have a credit check made on any customer, and on request, notify any customer about whom a consumer report is obtained from a consumer reporting agency. 5.0 SECURITY DEPOSITS 5.1 The Administrator/Clerk-Treasurer may demand a deposit from new customers and those who show a poor payment record. 5.2 The deposit may be returned after two years at the discretion of the Administrator/Clerk- Treasurer. • 5.3 Interest will be paid on deposits held more than six months. This interest rate will be prime plus 1%. Interest will be rendered once per year, in accordance to the Public Utilities Act. 5.4 Residential and Commercial Deposits will be required by all users and held in trust for two years in consideration. Minimum Deposit Maximum Deposit T1vo Times The Average Bill Residential Regular $120 Residential Water Only $60 111 6.0 BILLING PROCEDURES Residential,Commercial and Industrial bills are issued once every two months. A meter reading will be taken once every two months. Residential bills are due on the first of each month, or as indicated on the invoice. If the first falls on a weekend or holiday, the bill will be accepted at net on the following work day. 7.0 BILLING ERRORS 7.1 Where billing errors have resulted in overbilling, the customer will be credited with amount erroneously paid for a period not exceeding six years. 7.2 Where billing errors have resulted in underbilling, the customer shall be charged with the amount erroneously not billed for a period not exceeding: a) two years in the case of an individual residential customer, who was not responsible for the error. b) six years in other cases. 1111 8.0 LATE PAYMENT CHARGES 8.1 Where payment is made by mail, payment must be received at our office on or before the due date. Payments post marked on the due date will be treated as past due. 8.2 Additional charges may be made for costs associated with the continued non-payment of amounts due, including costs of additional notices and of shutting off and reconnecting the utility. 9.0 POLICY FOR COLLECTION OF PAST DUE ACCOUNTS 9.1 A notice will be mailed not earlier than eight days after the due date. 9.2 A disconnect notice will be delivered by Utility staff 13 days after the due date explaining to the customer that unless arrangements are made to pay the account the service will be disconnected in three days at 10.00 a.m. The actual date of disconnect will be on the notice. 9.3 All disconnects will be approved by the Administrator/Clerk-Treasurer or in his absence a delegate as formally assigned. 9.4 During winter months service will be disconnected in the morning and reconnected before • 5:00 p.m. that day where no contact has been made. 9.5 Notice which is given by mail shall be deemed to be received on the third day after mailing. • THIS by-law repeals and rescinds all other previous by-laws that determine user rates. THIS by-law to come into effect on July 1, 1993. THIS by-law does not replace the P.U.C. Act R.S.O. Chapter 423. Read a first and second time this 2&h day of September 1993. Ree inistrator/Clerk-Treasurer Read a third time and finally passed this 2&h day of September, 1993. • 6etti Reeve Ad .ntstrator/Clerk-Treasurer • Village of Port Burwell Water and Sewer Budget 1993 SEWAGE TREATMENT Cost % of Total Cost Auditor $3,000.00 2.07% Staff Salaries $18,485.00 12.75% Staff Support $5,000.00 3.45% Postage $1,100.00 0.76% Lift Stations Hydro $1,000.00 0.69% Precept Charges (MOE) $116,360.92 80.28% Totalost $144,945.9r 100.00w WATER SUPPLY Cost % of Total Cost Auditor $2,000.00 2.1296' Capital Projects/Debt Repayment $15,000.00 15.91% Meters $1,300.00 1.38% Postage $1,000.00 1.06% Monthly Water Charge (MOE) $20,000.00 21.21% Repairs to System $1,000.00 1.06% Precept Charges (MOE) $25,848.00 27.42% Staff Salaries $18,125.00 19.23% Engineering $5,000.00 5.30% Appropriation to Reserves $5,000.00 5.30% Total Cost $94,273.00 100.00% Analysis Review by D.R.Frac Administrator Klerk•T ra m mr • Village of Port Burwell Water and Sewer Rates 1993 SEWAGE TREATMENT a Sewage Customers @ Year End 1992 414 1992 Monthly Sewage Rates $19.65 Revenue based on 1992 Rates $97,621.20 Customers as at July 1993 416 1993 Monthly Chrg 29.18 Sewage Costs 1993 $144,945.00 Less: Revenue YTD las at July 31/93) $48,810.60 Amount to be Raised by Year End $96,134.40 Minimum Monthly Chrg Aug to Dec $38.52 WATER SUPPLY Projected Village Usage 1993 (m3) 90,000 Customers as at July/93 462 Projected Avg Mthly Usage (m3) 20.00 Existing Charge per m3 $0.88 Existing Minimum Chrg $8.80 Water System Cost 1993 (Budget) $94,273.00 Less: Local Improvement Levy $12,870.56 Total Water System Cost $81,402.44 Less: Revenue YTD (as at July 31/93) $30,000.00 Amount to be Raised by YE $51,402.44 Projected Water Usage to YE (m3) 47,200 Cost per cubic metre $1.09 Levied Rate ($/m3) $1.10 Minimum Charge/mth $11.00 Projected Revenue $51,920.00 Projected Surplus/Deficit $517.56 Mays"Review by D.R.lbw MmiYiagodtirt-Twmwm The Corporation of the Village of Port Burwell . By-Law 93-12 Being a by-law to authorize an application for the issue of an Order under the provisions of Part II of the Municipal Affairs Act respecting the financial and administrations affairs of the municipality. WHEREAS the Corporation of the Village of Port Burwell has experienced difficulties in the financial and administrative affairs of the municipality, and WHEREAS the Council of the Corporation of the Village of Port Burwell is desirous of restructuring its'financial affairs and of taking advantage of the administrative resources of the Ministry of Municipal Affairs. NOW THEREFORE the Council of the Corporation of the Village of Port Burwell enacts as follows: 1. That the Reeve and the Administrator/Clerk-Treasurer be and are hereby authorized to make application for the Village of Port Burwell to be made subject to the provisions of such Order governing its'financial and administrative affairs as may be issued under Part II of the Municipal Affairs Act, R.S.O. 1990, Chapter 303, as amended. • 2. That such application be made and such Order be effective at the earliest possible date following the third and final reading of this by-law. 3. That this by-law be effective on third and final reading thereof Read a first and second time this 2&h day of September, 1993. Af Ree A nistrator/Clerk-Treasurer Read a third time and finally passed this 2&h day of September, 1993 iC,4 • Reeve t It ' ''alive/Clerk-Treasurer • The Corporation of the Village of Port Burwell By-Law 93-13 Being a by-law to authorize an application to the Ontario Municipal Board for floating indebtedness in the amount of$175,000.00 for a period not to exceed five years WHEREAS the Corporation of the Village of Port Burwell has experienced financial difficulties and is desirous of restructuring its'financial affairs, and WHEREAS restructuring of its'financial affairs through the issue of floating indebtedness is required to be approved by the Ontario Municipal Board. NOW THEREFORE the Council of the Corporation of the Village of Port Burwell enacts as follows: 1. That the Reeve and the Administrator/Clerk-Treasurer be and are hereby authorized to make application to the Ontario Municipal Board on its' Form 1 for authority to issue floating indebtedness for an amount not to exceed$175,000.00. 2. That each floating indebtedness be in the form of municipal debentures or in the form of a term loan from a Canadian Chartered Bank or Canadian Trust Company or such other • Canadian financial institution as may be approved by the Board with such loan repayable twice yearly in equal payments of principal plus accrued interest to date over a period not to exceed five years. 3. That this by-law be effective on third and final reading thereof. Read a first and second time this 2&h day of September 1993. 2z 6.4" Reeve 1,e t # trator/Clerk-Treasurer Read a third time and finally passed this 2&h day of September 1993. 110 Reeve , AO .4.✓/ _ �0/X/�//�7 it/�d/� erjC — //LC7j/.'a!/ft C14 THE ONTARIO MUNICIPAL BOARD APPLICATION TO THE ONTARIO MUNICIPAL .BOARD FOR CAPITAL EXPENDITURE •• a (PLEASE TYPE OR PRINT) APPLICANT DATE OF APPLICATION 1 CORPORATION OF THE VILLAGE OF PORT BURWELL SEPTEMBER 30/93 •.4.M o••h•.Scrod lord.Con.dr.oun Aut„on,Y.Mdnr at dr.Ern.omrn ITYPE OF UNDERTAKING FLOATING INDEBTEDNESS •.p.Lod hrpovd.rr.a,Monad Q. 0.W A.dodf..Schools S.w.n.no O..Yr.,WMdnr,.,Apwndrd.AAapd,d E.pdrdn...,Am.Mrynt OWNERSHIP OF LANDS INVOLVED N/A ISTATUTORY AUTHORITY FOR THE APPLICANT TO PROCEED WITH THE UNDERTAKING R6TARXRXMOURXRAEXEMARNXXICTXX N/A STATUTORY AUTHORITY FOR THE ONTARIO MUNICIPAL BOARD APPROVAL ONTARIO MUNICIPAL BOARD ACT (SECTION 54 ( 1) (C) a INDICATE OTHER MUNICIPALITIES OR BODIES(IF ANY)PARTICIPATING IN THIS APPLICATION N/A IF OTHER APPLICATIONS ARE INVOLVED,QUOTE RELATED FILE(S)NUMBER(S) S N/A 6 _ DETAILS ESTIMATED AMOUNT OF DEBENTURES/ COST LONG TERM D _LIABILITIES_ E AUTHORITY IS REQUESTED TO FINANCE THE ACCUMULATED $ s s DEFICIT ON THE MUNICIPALITY'S REVENUE FUND OVER A 175,000.00 175,000. 30 PERIOD NOT TO EXCEED FIVE YEARS THROUGH THE ISSUE OF MUNICIPAL DEBENTURES OR ALTERNATIVELY THROUGH A 1 I TERM LOAN FROM A CHARTERED BANK, TRUST COMPANY OR T OTHER FINANCIAL INSTITUTION ACCORDING TO THE MOST 1 FAVOURABLE ARRANGEMENTS THAT CAN BE MADE REFERENCE O MUNICIPAL BY-LAW NO. 93-13 N OF U N D E R T A K I N G TOTAL TOTAL t75,000.03s175,000.00 7 FUNDING ❑X DEBENTURES 0S 175,000.00 TERM 5 YEARS ME --1 CURRENT I` T REVENUE s TERM YEARS @ $ IN SUBSIDIES $ SOURCE • OTHER ()Is 175,000.00 SOURCE B ALL OR PART BY IMPOSING STATUTORY AUTHORITY SPECIAL RATE OR LEVY ON A H A DEFINED AREA AMOUNT R $ E BY- LAW NO. C O B BY MILL RATE ON ALL AMOUNT ✓ ' RATEABLE PROPERTY $ 175,000.00 E AMOUNT R C ^ FRONTAGE RATE $ Y — AMOUNT D 7 UTILITY RATE s I DECLARE THAT I HAVE CH KED THE FOREGOING,ALL RELATED REQUIRED DOCUMENTS AND I SUBMIT THIS APPLICATION ON BEHALF OF T PP T. 9 sl POSITION ADMINISTRATOR/CLERK-TREASURER FORM CE/1 RETURN TO OMB i THE MUNICIPALITY OF VILLAGE OF PORT BURWELL III o y ,(0,k t 757 / Meeting /q07- 45 ,19.13 Moved B7 _.__--_•___ That leave be granted to introduce By-law to Seconded By .-.-— -.. _ ..._..... lit T �f' lUjQ 6'4:1:X°-r G'Qiti�t� ZS GCfE •[ y . and that Bylaw presented herewith be read a first time. • By-law read a ,,f<140.5.,‘ rf time / Moved By - W...+ . - + That By-law now read a first time be read second time forthwith. Seconded By___,,e0:444, ,........ ... _-- —1 .s l Gbit / By-law read a- -,,, ..‘2___ time �f -. . _ time -Qi Moved By --- ;'' ! - - - �� That By-law now read a sec nd time Tea 1. a third time forthwith. Seconded By --- :1 _.. .c♦�`� By-law read a - X1LL‘2._ time 74j2 Moved By 414_. .A. ��'` That By-law now read a third time do pass, lik - be engrossed by the Clerk, and signed and Seconded By ....._ `�~�_.....__ . sealed by the Reeve. • own• BY-LAW NO. 9;- A3 • A BY-LAW AUTHORIZING THE BORROWING OF MONEY MEET CURRENT EXPENDITURES OF THE COUNCIL OF irs-e. l� lwG<'Cf .•'./ '--- (the "Municipaity"l • A. In accordance with subsection 187111 of the Ontario Municipal Act(the"Act").the Municipality considers it necessary to borrow the amount of $ '2IJ/co() to meet, until taxes are collected, the current expenditures of the Municipality for the year /9 9 3 B Pursuant to subsection 187121 of the Act,the total amount borrowed pursuant to this by-law together with the total of any similar borrowings is not to exceed the limits set forth in that subsection. C. The total amount previously borrowed by the Municipality pursuant to section 187 that has not been repaid ,s $7 c J c cc. THEREFORE. the Council of the Municipality enacts as follows: 1. The Head and the Treasurer are authorized on behalf of the Municipality to borrow from time to time by way of promissory note or bankers' acceptance from CANADIAN IMPERIAL BANK OF COMMERCE ("CIBC") a sum or sums not exceeding in the aggregate I ,e,-..), c0" to meet, until taxes are collected. the current expenditures of the Municipality for the year(including the amounts required for the purposes mentioned in subsection 187(1)of the Act)and to give to CIBC promissory notes or bankers' acceptances. as the case may be,sealed with the corporate seal of the Municipality and signed by the Head and Treasurer for the sums borrowed plus interest at a rete to be agreed upon from time to time with CIBC. 2 All sums borrowed pursuant to this by-law, as well as all other sums borrowed pursuant to the Act in this year and in previous years from CIBC for any purpose will,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 this revenue is received 3. The Treasurer is authorized and directed to apply in payment of all sums borrowed plus interest, all of the moneys collected or received on account in respect of taxes levied for the current year and preceding years Or from any other source which may lawfuly be applied for this purpose. 4 The Treasurer is authorized to furnish to CIBC a statement showing the nature and amount of the estimated IP revenues of the Municipality not yet collected and also showing the total of any amounts borrowed that have not been repaid. PASSED this ,-",:f rh day of ,JZ/,ole••.dP.t' !`/9..5. AS410/ /�A 7 H(AO or ne Ykl+cr�wty SEAL} -, ... �.. VP/ CLINE / I hereby certify that the forgoing is a true and complete copy of the By-law numbered above of the Municipality in the Province of Ontario, duty passed at a meeting of the Council of the Municipality and that this By-law is in full force and effect. Dated this day of . Witness the corporate seal IP CUM •Pam..awe/hp.aim THE MUNICIPALITY OF VILLAGE OF PORT BURWELL • 3 ,7 /,4� `, 93 - /_j- Meeting........ e. ,19..V.5 1‘ . VP° That leave be granted to introduce By-law to � � -4 a `,GAG C1-O� )0f�/04.7x17 4 \/4,erip _ _ .. ... - Ar9--- f _ - „._ . , ,,,, - . ,,---777,-e-,,,e-5- .-(/ /----A/er •1 ' - ' ç ;7 ; t7. /' e, 7-7,cr (.,/ /,,,,,,F ,,,,- ..e/ and that By-law presented herewith be read a first time. • By-law read a __.___—___._._____—time Moved By '�__._ .101"��- That By-law now read a first time be read a t�� second time forthwith. Seconded By .\_,A.),..v.... ..a •!---------._._- __ By-law read a ---- --_—time Moved By —.____ ..a/i-..Itb. That By-law now read a second time be read a third time forthwith. Seconded By _-_.__-_.-_-._. By-law read a ._-_--_-_--__. time Moved By ....._--_.. ... =, , !�.0- _ �` � 'That By-law now read a third time do pass, be engrossed by the Clerk, and signed and Seconded By_ - - . / sealed by the Reeve. • fi.• The Corporation of the Village of Port Burwell By-Law 93-16 Being a by-law to constitute and appoint a Committee of Adjustment for the Corporation of the Village of Port Burwell. Whereas it is deemed expedient to constitute and appoint a Committee of Adjustment, as provided for in the Planning Act, 1983, section 43. Now, therefore, the Council of the Corporation of the Village of Port Burwell enacts as follows: 1) The Committee of Adjustment for the Corporation of the Village of Port Burwell is hereby, constituted and the following persons are hereby appointed as its members for the term ending on the date shown for respective members, or until their successors are appointed. 1) Allan Spicer to hold office until January 1, 1995 2) Ed Epple to hold office until January 1, 1995 3) George Allen to hold office until January 1, 1995 Read a first ' • -second time this fourteenth day of December, 1993 eeve Read a third tine and finally passed on this fourteenth day of December, 1993 AvAll", 6 a 0.41 Reeve The Corporation of the Village of Port Burwell By-Law 93-16 Being a by-law to constitute and appoint a Committee of Adjustment for the Corporation of the Village of Port Burwell. Whereas it is deemed expedient to constitute and appoint a Committee of Adjustment, as provided for in the Planning Act, 1983, section 43. Now, therefore, the Council of the Corporation of the Village of Port Burwell enacts as follows: 1) The Committee of Adjustment for the Corporation of the Village of Port Burwell is hereby constituted and the following persons are hereby appointed as its members for the term ending on the date shown for respective members, or until their successors are appointed. 1) Allan Spicer to hold office until January 1, 1995 2) Ed Epple to hold office until January 1, 1995 3) George Allen to hold office until January 1, 1995 Read a first ' • second time this fourteenth day of December, 1993 e alt/ 'eeve Read a third time-and finally passed on this fourteenth day of December, 1993 Ai ANIL 2fL irIA/;Al Reeve The Corporation of the Village of Pon Burwell By-Law 93-17 Being a by-law to repeal by-law 93-06, an extension agreement between Douglas Hugh Brooks and The Village of Port Burwell The extension agreement is in default by Mr. Douglas Hugh Brooks and the Corporation of the Village will now exercise its' option under the Municipal Tax Sale Act for the sale of the said properties. Read a first,and second time this fourteenth day of December, 1993 l= / "eeve Read a third tim• : 'finally passed on this fourteenth day of December, 1993 4111Cl 410, OALLIf Rive THE MUNICIPALITY OF VILLAGE OF PORT BURWELL 6 Meeting Ze. i::/1./ <:it' Z3. ,19 .3 .,7/1 Moved By _--- ��—- That leave be granted to introduce By-law to 473 - 49 Seconded BY __..:1„..d.....c.-.-cir-434 ....... ,(,.,-.,-.,s mi KA, ......„...-„,...,.— Aow r. ,e:er.eeide 41( ler Arie e0cioe, / ,c7c, c:c, / 4:yx be..-71,:v,,4, /r- %s /, 2, 3 l ,laN r/0? - Si 3 4( 04 A1O /el / Ato/-e 2 iozfi i //IQ - 6-A5 9 and that By-law presented herewith be read a first time. • By-law read a -.. <<57t_--.. time __cdMoved By ._.. _.. c�. « That By-law now read a first time be read a second time forthwith. Seconded By -_--By-law read a ..- .C,.c.2_ time 7:62 \‘ Moved Byfrk ., - - �.___.._.__ That By-law now read a second time be read a time forthwith. Seconded By _.-..-.._.. ---__.. -.1-1-k24—__ _.._.. By-law read a -_ 4c1L_-__—____time Moved By .-_-___-_ _.._ That By-law now read a third time do pass, `:A be engrossed by the Clerk, and signed and Seconded By �. .t� ._._. sealed by the Reeve.