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Home My WebLink AboutPort Burwell By-Laws 1994 Port Burwell Byes Laws By-Laws # 94 - 01 -- 94 - 20 1994 The Corporation of the Village of Port Burwell By-Law 94-01 Being a by-law to authorize a leve prior to the adoption of the annual estimates. WHEREAS Chapter M45 Section 159 of the Municipal Act, R.S.O. 1990,provides that the council of every local municipality may. prior to the adoption of the estimates, levy on the whole of assessment for real property and business assessment a sum not exceeding 50 percent of that which would be produced by applying to such assessment the total rate for all purposes levied in the preceding year on the residential real property and business assessment of public school supporters; AND WHEREAS Chapter M45 Section 159 of the Municipal Act, R.S.O. 1990,provides that the provisions of the Municipal Act with respect to the levy of the yearly rates and the collection of taxes apply mutatis mutandis to the levy of rates prior to the adoption of the estimates. NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE VILLAGE OF PORT BURWELL ENACTS AS FOLLOWS: 1. That in each year prior to the adoption of the estimates there shall be levied an collected on the whole of the assessment for real property and business assessment according to the last revised assessment roll a sum equal to 50%of that which would have been produced by applying to such assessment the total rate for all proposes levied in the preceding year on the residential real property and business assessment of public school supporters. 2. That in the year 1994 and in each succeeding year the taxes to be levied under this by-law shall become due and payable on the 27th day of jewriry, but may be paid by instalments on the 28th day of February, 1994, and the 27th day of. . 1994,provided that where any due date or instalment date falls on a Saturday or Sunday or a statutory holiday the due date or instalment date as the case may be shall be the next succeeding day that is not a Saturday, a Sunday or statutory holiday,and provided that,upon failure to made payment of any instalment, the whole of the amount shall become due and payable. 3. That the Tax Collector shall, in the manner prescribed by sections 379 and 386 of the Municipal Act, R.S.O. 1990,mail or cause to be mailed to the address of the residence or place of business of each person taxed under this by-law a notice specifying the amount of taxes payable. 4. That the Collector and the Treasurer are hereby empowered and shall accept part payment as tendered from time to time on any taxes levied under this by-law. 5. That this by-law shall come into force and effect upon the date of its' final passing. Read a first and second time this 25th day of January, 1994. irk / / i/ ,t Ree • Read a third time and finally passed on this 25th day of January. 1994 Air • /idif ".°2111 oo szn r oma+. RV-LAW NO. ` CEJ G 71,1 A BY-LAW AUT RIZING THE BORROWING OF MONEY TO MEET CURRENT EXPENDITURES OF THE COUNCIL OF / ? L�bc nzc j v vg/6/ (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 I to meet, until taxes are collected, the current expenditures of the Municipality for the year /j'7 7 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 1 ^S OoG THEREFORE, the Council of the Municipality enacts as follows: 1. The Head end the Reasurer are authorized on behalf of the Municipality to borrow from time to time by way of promissory not,or bankers' acceptance from CANADIAN IMPERIAL BANK OF COMMERCE ("CIBC") a sum or sums not exceeding in the aggregate I /j c/ C'U 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(11 of the Act) and to give to CIBC promissory notes or bankers'acceptances. es the case may be,sealed with the corporate seal of the Municipality end signed by the Heed and Treasurer for the sums borrowed plus Interest at • rate to be agreed upon from time to time with CIBC. 2. All sums borrowed pursuant to this by-lew, as well as ell 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, ell 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 Reesurer is authorized to furnish to CIBC e 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. PASSED this .4( � day of 7' C76zu /99V / / / / ' 1 ^1�a tw • Tv 6EAl} 'I/ ctEn( I hereby certify that the forgoing Is a true end complete copy of the By-law numbered above of the Municipality in the Province of Ontario,duly passed et a meeting of the Council of the Municipality and that this By-law is In lull force end effect. Dated this elfpi day of ;;,eu / 9 9t/ Witness the corporate seal Rt.} AdArf L5€laT 100.11b11 Omw4 ,BY-LAW NO. A BY-LAW AUTHORIZING THE BORROWING OF MONEY TO MEET CURRENT EXPENDITURES / OF THE COUNCIL OF /$1.41 � LGe6J a/c v,4�.✓c/G (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 / to meet, until taxes we collected, the current expenditures of the Municipality for the year `1 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 hes not been repaid Is1 /0-9,000' THEREFORE, the Council of the Municipality enacts ss follows: 1. The Heed and the Measurer are authorized on behalf of the Municipality to borrow from time to time by way of prom.ssory note or bankers' acceptance from CANADIAN IMPERIAL BANK OF COMMERCE ("CIBC"1 a sum or sums not exceeding in the aggregate 1 45-4-13,/ OCrU 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)end to give to CIBC promissory rotes or bankers' acceptances. as the case may be,sealed with the corporate seal of the Municipality and signed by the Heed and Treasurer for the sums borrowed plus interest et 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 end 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 end also showing the total of any amounts borrowed that have not been repaid. PASSED this A )- day of 71 C6-Z" X99 y/ di...-411( irff r , , r7• ITY 11 {SEAL j "AP" CLEM 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 d pi day of 7 LT7.eu A� / / 9 9/ Witness the corporate seal SEAL} ctrnR THE CORPORATION OF THE VILLAGE OF PORT BURWELL PO Box 10 212 Pitt Street Port Burwell, Ontario BY-LAW 94-03 Being a by-law to set water and sewer user rates in the Village of Port Burwell for the fiscal year of 1994 WHEREAS by Section 218 of the Municipal Act R.S.O. 1990, M.45 provides that 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 by Section 218 of the Municipal Act R.S.O. 1990, M.45 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 to be determined at the sole disecretion of the municipality. 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. 1 Village of Port Burwell water & Sewer Rates 13v-Law h. There are to be no Ts 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. All property owners will be responsible to remove storm water connection from the sanitary sewer system at their own cost. 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 will recieve one water consumption bill and sewer at the rate per dwelling unit as described within the context of this by-law. 1.0 ADMINISTRATION OF BY-LAW 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. 2.0 DEFINITIONS 2.1 "Due Date" means the last day on which a bill is payable without a late-payment charge. 2.2 "Public Utility" means water or sewer services supplied to the public. 2.3 "Supplier" means a municipal or other corporation supplying a public utility. 3.0 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. 2 • Village of Port Burwell Water sewer Rates By-Law 4.0 SECURITY DEPOSITS 4.1 The Administrator/Clerk-Treasurer may demand a deposit from new customers and those who show a poor payment record. 4.2 The deposit may be returned after two years at the discretion of the Administrator/Clerk-Treasurer. 4.3 Interest will be paid on deposits held more than six months. This interest rate will be prime plus 1.0%. Interest will be rendered once per year, in accordance to the Public Utilities Act. 4.4 Residential and Commercial Deposits will be required by all users and held in trust for two years in consideration of credit and history with the municipality. Minimum Deposit The Average Bi-Monthly Bill of the property, or an amount deemed to be satisfactory security by the Administrator/Clerk-Treasurer. Maximum Deposit Two Times the Average Bi-Monthly Bill of the property, or an amount deemed to be satisfactory security by the Administrator/Clerk-Treasurer. 5.0 RATES 5.1 All metered users shall pay$1.00 for the first cubic meter of water metered each month, and an additional $1.00 for each cubic meter, metered each month in excess of the first 5 cubic meters metered per month. 5.2 Where domestic sewers are connected to the metered supply, the sewage service rate shall be $26.50 each and every month irregardless of the quantity of water used. 5.3 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. 5.4 Customers of occupied residence and businesses shall pay a minimum water rate equivalent to 55 cubic meters per month if metered readings are unavailable or tampered. 3 • Village of Port Burwell Fater sewer Rates By-Law 5.5 All Customers shall be charged $50.00 in case of water turn off for non payment of account or at the Customers request. 5.6 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. 5.7 Should a Municipal sewer be hooked to a private water supply, the rate shall be $26.80 per month. 5.8 Any out of Town users shall pay a rate of 1.5 times the in Village users. 5.9 No person may use water from a fire hydrant, with the exception of the fire departments. 5.10 An application fee of$25.00 will he levied for registering new water service with the municipality. 5.11 A water meter charge of$200.00 he levied for new meters installed. 5.12 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. 5.13 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. 4 Village of Port Burwell Water&Sewer Rata,By-Law THIS by-law repeals and rescinds all other previous by-laws that determine user rates. THIS by-law to come into effect on February 25, 1994 THIS by-law does not replace the Public Utilities Act R.S.O. 1990 P.52 Read a first and second time this 8th day of March 1994. / T .mas Nes.itt Reeve Free yi Administrator/Clerk-Treasurer Read a third tim- . d fin. y passed .' 8th day of March 1994. T omas Nesbitt i Reeve D • R. Free • . u'.' trator/Clerk-Treasurer S Village of Port Burwell Water Sewer Budget 1994 SEWAGE TREATMENT Cost C %of Total Cost Auditor 81,500.00 1.06% Village Staff Salaries $22,480.00 . 24 .' 15.88% Staff Support $5,000.00 3.53% Postage $1,000.00 0.71% Pumping Station Hydro $1,000.00 — 0.71% MOE Precept Charges 895,000.00, _ 67.10% Building Maintenance $500.00 _ 0.35% Telephone 8100.00 0.07% App'n to Reserves STP $5,000.00 3.53% App'n to Reserves Sewage System 85,000.00 r 3.53% Engineering $5,000.00 3.53% Total Cost ` 31 41,580..Qff"e_WATER SUPPLY Cost % of Total Cost Auditor 81,500.00 1.41% Capital Projects/Debt Repayment $15,000.00 14.05% Meters $1,500.00 1.41% Postage $1,000.00 0.94% Monthly Water Charge $24,800.00 23.23% MOE Precept Charges $28,000.00 26.23% Village Staff Salaries $22,940.00 21.49% Engineering 85,000.00 4.68% Appropriation to Reserves $5,000.00 4.68% Repairs to System 82,000.00 1.87% _ Total Cost $106,740.00 Arlysis Review by D.R.Free Administrator/0e rt-Treasure r 11:!00 AM W/110194.X1S 9/SO1 Village of Port Burwell Water Sewer Rates Calculations 1994 SEWAGE TREATMENT Customers @ Year End 1993 416 1993 Monthly Sewage Rates $38.65 Sewage Costs 1994 I $141,580.00 Minimum 1994 Monthly Chrg $28.36 Levied Rate $28.50 Total Revenue $142,272.00 Surplus/Deficit $692.00 WATER SUPPLY Projected Village Usage (cm) 91,400 Customers as at December 1993 464 Projected Avg Mthly Usage (cm) 22.00 1993 Cost per cm $1.10 1993 Minimum Chrg $11.00 Water System Cost 1994 $106,740.00 Less: Local Improvement Levy $12,870.56 Total Water System Cost $93,869.44 Projected Consumption (cm) 91,400 Calculated Water Rate ($/cm) $1.03 Levied Rate $1.05 Minimum Charge per month $10.50 Projected Revenue $95,970.00 Surplus/Deficit $2,100.56 Analysis Review by D.R.Free Admisixn ortnerk-Tram rex 9/5/94 1201 PM W994.XIS 4 • THE CORPORATION OF THE VILLAGE OF PORT BURWELL PO Box 10 21 Pitt Street Port Burwell, Ontario NOJ 1TO BY-LAW 94-04 (Being a By-Law to regulate, restrict and prohibit the keeping of animals in the Village of Port Burwell) WHEREAS paragraph 1 of section 210 of the Municipal Act R.S.O. 1990, M.45 provides that by-laws may be passed by Councils of local municipalities for prohibiting or regulating the keeping of animals or any class therein within the municipality or defined areas thereof, including the number of animals that may be kept by any person and the number of animals or any class thereof that may be kept about any dwelling unit; AND WHEREAS paragraph 2 of section 210 of the Municipal Act R.S.O. 1990, M.45 provides for the regulating of establishments for the breeding or boarding of animals of any class thereof, within the municipality or defined area thereof; AND WHEREAS paragraph 4 of section 210 of the Municipal Act R.S.O. 1990, M.45 provides for the prohibiting and regulating within any part or defined area of a municipality or upon any highway therein, the being at large or trespassing of animals, other than dogs, and for impounding them and causing them to be sold if they are not claimed within a reasonable time or if the damages, fines and expenses are not paid according to law; The Municipal Council of the Corporation of the Village of Port Burwell enacts as follows: 1 Animal Control By-Law Section I Definitions 1. In this By-Law: a) "animal" includes birds and reptiles but does not include fish or dogs; b) "Animal Control Officer" shall mean an officer who is appointed by Council and whose duties include the enforcement of this By-Law; c) "Village" means The Corporation of the Village of Port Burwell; d) "dwelling unit" shall mean a suite of two or more habitable rooms occupied by not more than one household, in which sanitary and culinary facilities are provided, with an independent entrance, either directly from outside the building in which it is situated or from a common corridor inside the building in which it is situated; e) "keeps" shall mean own, possess or harbour; f) "owner" of an animal shall include any person who keeps, possesses or harbours an animal, and where the owner is a minor, the person responsible for the custody of the minor. Section II Classes of Animals 1. Animals shall be ranked according to the following classes; (a) "Class 1 animal" means horse, cow, mule, donkey, pony, sheep, goat and swine (pig); (b) "Class 2 animal" means chicken, goose, turkey, duck and any domestic fowl; £ (c) "Class 3 animal" means homing, pouter, racing or tumbler pigeon's; A (d) "Class 4 animal" means domestic cat, guinea pig, hamster, mouse, rat, rabbit, chinchilla and le; (e) "Class 5 animal" means non-venomous snakes, non-venomous lizards and 2 THE CORPORATION OF THE VILLAGE OF PORT BURWELL PO Box 10 21 Pitt Street Port Burwell, Ontario NOJ 1T0 BY-LAW 94-04 (Being a By-Law to regulate, restrict and prohibit the keeping of animals in die Village of Port Burwell) WHEREAS paragraph 1 of section 210 of die Municipal Act R.S.O. 1990, M.45 provides that by-laws may be passed by Councils of local municipalities for prohibiting or regulating the keeping of animals or any class therein within the municipality or defined areas thereof, including the number of animals that may be kept by any person and the number of animals or any class thereof that may be kept about any dwelling unit; AND WHEREAS paragraph 2 of section 210 of the Municipal Act R.S.O. 1990, M.45 provides for the regulating of establishments for the breeding or boarding of animals of any class thereof, within the municipality or defined area thereof; AND WHEREAS paragraph 4 of section 210 of the Municipal Act R.S.O. 1990, M.45 provides for the prohibiting and regulating within any part or defined area of a municipality or upon any highway therein, the being at large or trespassing of animals, other than dogs, and for impounding them and causing them to be sold if they are not claimed within a reasonable time or if the damages, fines and expenses are not paid according to law; The Municipal Council of the Corporation of the Village of Port Burwell enacts as follows: 1 Animal Control By-Law Section I Definitions 1. In this By-Law: a) "animal" includes birds and reptiles but does not include fish or dogs; b) "Animal Control Officer" shall mean an officer who is appointed by Council and whose duties include the enforcement of this By-Law; c) "Village" means The Corporation of the Village of Port Burwell; d) "dwelling unit" shall mean a suite of two or more habitable rooms occupied by not more than one household, in which sanitary and culinary facilities are provided, with an independent entrance, either directly from outside the building in which it is situated or from a common corridor inside the building in which it is situated; e) "keeps" shall mean own, possess or harbour; f) "owner" of an animal shall include any person who keeps, possesses or harbours an animal, and where the owner is a minor, the person responsible for the custody of the minor. Section II Classes of Animals 1. Animals shall be ranked according to the following classes; (a) "Class 1 animal" means horse, cow, mule, donkey, pony, sheep, goat and swine (pig); (b) "Class 2 animal" means chicken, goose, turkey, duck and any domestic fowl; � (c) "Class 3 animal" means homing, pouter, racing or tumbler pigeon's; (d) "Class 4 animal" means domestic cat, guinea pig, hamster, mouse, rat, rabbit, chinchilla and turtle; (e) "Class 5 animal" means non-venomous snakes, non-venomous lizards and 2 • non-venomous spiders; (f) "Class 6 animal" means domestic cardinals, finches, budgies, bulbuls, canaries, tangeres, amazons, cockatoos, conures, macaiis, parakeets, cockatiels; loorikeets, touracos, toucans, orioles, mynahs, magpies, barbets, arcaris, pied hornbells and cock-of-the-rocks; (g) "Class 7 animals" means a wild or non-domesticated animal whether or not raised or kept in captivity and includes but is not limited to, bear, wolf, crocodile, bob cat or mountain lion, monkey, fox, skunk, kangaroos, cougar, eagle, hawk, elephant, venomous snakes, venomous lizards, venomous spiders, weasels and 4erretsr Section III Application of By-Law This By-Law shall not apply to: a) a small animal hospital or clinic operated by a duly qualified veterinarian, where all animals are kept within a brick, stone or concrete building; 6) animals offered for sale in shops whose business includes the sale of pets and c) animals maintained in a public park, zoo, fair, exhibition or circus operated or licensed by a municipal or other governmental authority. Section IV Prohibited Matters No person shall, a) keep more than five animals in a dwelling unit; b) keep a class 1 animal within the municipal boundaries of the Village Port Burwell c) keep a class 2 animal within the municipal boundries of Village of Port Burwell d) keep more than 20 banded class 3 animals between October of of one year and March of the following year; 3 keep more than 40 banded class 3 animals between April and October of any year; f) keep more than 2 unbanded class 3 animals at any time; g) fail to supervise the flight of class 3 animals; h) fail to prohibit class 3 animals from flight between 9:00 o'clock a.m. and 5:00 o'clock p.m. during period from April 1 to September 30; i) fail to prohibit class 3 animals from flight between 10:00 o'clock a.m. and 3:00 o'clock p.m. during period from October 1 and March 31; j) keep class 7 animal within the municipal boundries of the Village of Port Burwell; k) permit any animal to run at large; I) permit any animal to trespass; m) permit any animal to enter onto the East Beach in the municipal boundries of the Village of Port Burwell; n) fail to keep animal food in a rodent-proof container. Section V Class 1 Animals 1. a) The keeping of Class 1 animals within the municipal boundries of the Village of Port Burwell is prohibited. b) Subsection a) does not apply to those persons legally keeping Class 1 animals at the passage of this By-Law provided that such persons; i) keep all Class 1 animals in a building or stable; ii) such building or stable shall be no less than 90 metres from any school, church, public hall, store, dwelling or premises used for human habitation or occupancy other than premises occupied exclusively by the owner or keeper of such animal or members of his or her immediate family; iii) the floor of such building or stable shall be of durable material, impervious to 4 moisture, so laid and provided with gutters that drainage is effected into a sewer provided that a wooden platform above such flooring is permitted if an air space of at least five (5) centimetres is provided above the floor; iv) where a sanitary sewer is not available, provision for drainage of sanitary wastes shall be made in accordance with the requirements of any applicable laws of the Province of Ontario and the regulations made thereunder; v) all doors, windows and openings of such building or stable shall, at all times between the first day of April and the thirtieth day of November following in each year, be kept protected by screens effective against flies and small insects; vi) all manure shall be promptly collected and deposited in a manure receptacle of adequate size which shall be provided and constructed as follows: (A) the floor and all portions of the walls shall be of concrete and water-tight; the receptacle shall be provided with an opening with self- closing, fly-proof door, and the receptacle shall be constructed that objectionable odours are not allowed to escape, (B) manure receptacles shall be constructed, erected or located within the Village only after the design has been approved by the Chief Building Official for the Village of Port Burwell and a permit issued therefor. vii) such building or stable, together with any yard less than 200 square metres in which the animals are allowed to run, shall be kept at all times free from manure and other refuse and shall be properly cleaned or dug up and deodorized by means of chloride of lime or other suitable deodorant permitted by the laws of the Province of Ontario and the regulations made thereunder. viii) all feed or other animal food shall be kept in rodent-proof. Class 2 Animals 2. (a) The keeping of class 2 animals within the municipal boundries of the Village of Port Burwell is prohibited. (b) Subsection (a) does not apply to those persons legally keeping Class 2 animals at the passage of this By-Law provided that such persons, • 5 (1) keep all Class 2 animals in a building, structure, yard, coop, pen or run. (ii) ensure that every such building (other than a dwelling), structure, coop, pen or run in which any such animal, bird or fowl is confined, kept or allowed to run, shall 6e no less than 15 metres from any school, church, public hall, or store, dwelling or premises used for human habitation or occupancy other than premises occupied exclusively by the owner or keeper of such animals, birds or fowl or members of his or her immediate family. (iii) ensure that the inside walls of such building (other than a dwelling), structure, coop, pen or run shall be lime-washed or painted at least once a year. (iv) ensure that all runs and outside areas of confinement shall be dug promptly as required to effectively prevent odours arising therefrom. (v) ensure that all refuse resulting from the keeping of Class 2 animals shall be kept in substantial air-tight containers until it is removed from the premises or dug into the earth in such a manner as to prevent odours arising therefrom. (vi) shall store all feed in rodent-proof containers. Class 3 Animals 3. (a) All Class 3 animals kept within the municipal boundries of the Village of Port Burwell shall be confined to a building, structure, coop, loft, pen or run which shall, (i) have a height not less than one and a half metres and a floor area of not less than one and one quarter square metres for each pair of pigeons kept therein; (ii) remove and dispose of in a sanitary manner at least twice each week, all pigeon droppings, refuse and dropped or scattered feed within or adjacent to all such buildings, structures, lofts, pens, coops or runs, including outside runs enclosed only with wire, provided, however, that this regulation shall not apply when bel-ow freezing temperatures prevent removal and disposal; (iii) store all feed in rodent-proof containers; (iv) prevent pigeons from trespassing on any land, except as otherwise provided in this By-Law. 6 • Number of Class 3 Animals Permitted 4. (a) If a pigeon is banded with an identifying leg band issued by an organization recognized as bona fide by resolution of the Village Council, no more than a total of 20 homer, pouter, racing or tumbler pigeons or any combination thereof may be kept at any one time from November 1 of one year to March 31 of the following year. (b) To provide for the raising and racing of pigeons hatched in any year, the number of pigeons that may be kept from April 1 to October 31 of any year may be increased to not more than 40. (c) No person shall keep more than 2 unhanded pigeons at any time. Flight of Class 3 Animals 5. Class 3 animals shall be kept enclosed at all times, except during a maximum of two flight periods daily, when no more than half of the total number of animals of the class being kept by any one person shall be at large at any one time and such flights shall be governed by the following regulations: (i) During the period from April 1 to September 30 of any year, all flights shall take place before 9:00 o'clock in the morning or after 5:00 o'clock in the afternoon. (ii) During the period from October 1 of one year to March 31 of the following year, all flights shall take place before 10:00 o'clock in the morning or after 3:00 o'oclock in the afternoon. (iii) All flights shall take place under the supervision of the owner of such animal or a competent person on his or her behalf. (iv) When a bona fide flight is conducted by an organization recognized by a Village Council resolution, the foregoing regulations do not apply. Class IV Animals 6. (a) No person shall keep more than five (5) Class 4 animals in any one dwelling unit. (b) The young of any Class 4 animal may be kept for a period not exceeding two (2) 7 months after birth. Domestic Cats 7. Where a property owner or occupant makes a complaint to the Animal Control Officer that a domestic cat has caused damage on his or her property and/or created a disturbance thereon, the officer may, after the property owner or occupant has confined the cat, and upon obtaining consent of the complainant enter onto the complainant's property to secure, shelter and impound the cat. Class 5 Animals 8. The following regulations shall apply to persons keeping Class 5 animals within the Village: (i) No person shall keep more than two (2) Class 5 animals in any dwelling unit. (ii) No person is permitted to keep a non-venomous snake that exceeds an overall length of 60.96 centimetres (24 inches) (iii) No person shall keep a non-venomous lizard that exceeds an overall length of 30.48 centimetres (12 inches) Class 6 Animals 9. No person shall keep more than five (5) Class 6 animals inany dwelling unit within the Village. Class 7 Animals 10. The keeping of Class 7 animals within the municipal boundries of the Village is prohibited. 11. Notwithstanding any of the provisions of this By-Law, no person shall keep any animal, the keeping of which is not permitted under any statute of Ontario or Canada. 8 Section VI Enforcement 1. The duly appointed Animal Control Officer and the By-Law Enforcement Officer shall administer and enforce this By-Law. Section VII Offence (a) any person who contravenes any provision of this By-Law is guilty of an offence and upon conviction is liable to a fine as provided for in the Provincial Offences Act. (b) the court in which the conviction has been entered and any court of competent jurisdiction thereafter, may make an order prohibiting the continuation or repetition of the offence by the person convicted, and such order shall be in addition to any other penalty imposed on the person convicted. (c) Each day during which there is a breach of this By-Law shall be regarded as a separate and distinct offence and any person who continues in breach of the By-Law may be charged for each separate day during the continuation of the offence. Section VIII Repeal 1. By-Law 48 and By-Law 87-19 and all other by-laws directed related to this matter are hereby repealed. 9 Section IX Commencement 1. This By-Law comes into force on the 12th day of Arpil, 1994. READ a First and Second time this 12th day of April, 1994 R hird time . d lin • y passed this 12th day of April, 1994. / �i••mas Nes.it _ Reeve 4 Ar Davi. ree, Ad inistrator/Clerk 10 . THE CORPORATION OF THE VILLAGE OF PORT BURWELL PO Box 10 21 Pitt Street Port Burwell, Ontario NOJ 1T0 BY-LAW 94-05 (Being a By-Law to license and regulate dogs) WHEREAS Section 210 of the Municipal Act R.S.O. 1990, M.45 provides that by-laws may be passed by Councils of local municipalities for prohibiting or regulating the licensing and regulating of dogs within the municipality or defined areas thereof; The Municipal Council of the Corporation of the Village of Port Burwell enacts as follows: Section I Definitions 1. In this by-law: a) "Animal Control Officer" means an officer who is appointed by Council and whose duties include the enforcement of this by-law; b) "dog" means any dog, male or female, but does not include a guide dog within the meaning of the Blind Persons Act, R.S.O. 1990, B.7, or a police work dog; c) "license agent-" means an agent who is appointed by Council and whose duties include the issuance of licenses; d) "owner" includes any person who possesses or harbours a dog for any period of time; and "owns" or "owned" have a corresponding meaning; e) "public places" includes a highway within the meaning of the Highway Traffic Act, R.S.O. 1990, H.8, a park within the meaning of the Public Parks Act, R.S.O. 1990, P.46, recreation area, playground, municipal property or any other place to which the public is customarily admitted; 1 Port Burwell Canine Control By-Law f) "running at large" means to be found in any place other than the premises of the owner of the dog and not under control of any person over the age of twelve (12) years; g) "senior citizen" means any owner of a dog who during the year is sixty-five (65) years of age or over. Section II Licensing 1. The Council shall appoint and authorize a license agent to issue licenses required under this by-law, and every such license shall be executed on behalf of the Corporation of the Village of Port Burwell. 2. a) Every person who is the owner of a dog within the limits of the Village of Port Burwell and who is residing temporarily or permanently within the Village shall cause such dog to be registered with the Animal Control Officer and License Agent before the first day of June in each year or within seven days from the date on which such dog is acquired by such person and upon the payment of the license fee prescribed in paragraph 4 of the by-law shall receive from the Licensing Agent a licence and a tag, which license shall expire on the 31st day of May in the year in which the same is issued, and the owner shall keep such tag securely fixed on the dog at all times until he procures a tag for the following year. b) Every person becoming the owner of a dog after the first day of June in any year or on any other day of the year shall obtain a dog license for such dog for such year. 3. No tag issued by the Licensing Agent shall ke transferable and no tag shall be used upon a dog other than the dog for which it was issued. 4. The following annual license fees shall be paid to the license Agent by the person obtaining the license at the time the license is issued, (a) for male and female dog and each additional male or female dog issued prior to June 1, $15.00; Issued after June 1,$25.00. (b) for male or female neutered dog and each additional male or female neutered dog 2 • Village of Port Burwell Canine Control By-Law issued prior to June 1 $10.00; Issued after June 1 $20.00 (c) for male or female neutered dog owned by a senior citizen issued prior to June 1, $ 5.00; Issued after June 1, $15.00 (d) for each additional male or female neutered dog owned by senior citizen issued prior to June 1, $10.00; Issued after June 1, $20.00 (e) a replacement or duplicated tag Issued prior to June 1, $1.00; Issued after June 1, $ 1.00 5. a) All fees set out in Section II part 4 pertains to all male and female dogs over three months of age. h) All guide dogs within the meaning of the Blind Persons Rights, Act, R.S.O. 1990, B.7 are exempt from the fees set out in Section II Part 4 of this By-Law. c) Notwithstanding Section II Part 5 Subsection (6) all guide dogs within the meaning of the Blind Persons Act, R.S.O. 1990, B.7 are required by this By-Law to be licenced. 6. A person becoming an owner of a dog after the expiration of six (6) months past the required registration date of June 1, shall obtain a license and be only charged with one-half of the dog licence fee. 7. No kennel licence shall be granted within the limits of the Village of Port Burwell. 8. Upon application for a license pursuant to Section II Part 9, the owner shall supply the Licensing Agent with a description of each dog, sufficient to identify such dog together with a valid certificate verifying that such dog has been vaccinated against rabies. 9. a) No person shall own, possess or harbour a dog unless a licence has been issued under this By-Law. b) No licence shall be issued unless an application has been made and the licence fee paid to the Licensing Agent in accordance with the By-Law at the time of the making of the application. 10. a) Where a tag has been lost, an application shall be made to replace the tag. 3 \'illge of Port Burwell Canine Control By-Law h) The application shall be accompanied by proof that the currant year's licence fee has been paid and payment of a fee of1.00 paid to the Licensing Agent. c) Pursuant to Section II part 10 subsections a) and b) of this By-Law, the Licensing Agent shall issue a replacement tag. Licensing 11. The License Agent is designated to keep a book in which shall be recorded the name of the owner of every dog registered under the provisions of this By-Law, the date of such registration, the description of the dog, the registration number and the amount of fee paid, and this designation shall relieve the Village Clerk from so recording, in accordance with Subsection 2(4) of the Live Stock, Poultry Protection and Honey Bee Act, R.S.O. 1990, L.24. Section III Offences 1. No person shall suffer, allow or permit a dog of which that person is the owner to run at large, a) on any private property without the consent of the person apparently in possession or having ownership of the property, or b) in a public place. 2. No owner of a dog and no person who has a dog under that person's control shall permit the dog to enter upon private property or remain on private property without the consent of the owner of the property. 3. Every owner of a dog and every person who has a dog under his or her care, custody or control shall restrain or cause the dog to be restrained on a leash where the dog is at any place other than, a) on the property of the owner, or b) on the property of any person with the consent of that person. 4 Village of Port Burwell Canine Control By-Law 4. No owner of a dog shall suffer or permit any such dog to fight with another dog, or any other animal, or to do any damage whatsoever in any place, building or convenience to which the public has or is permitted to have access, including any highway, street, lane, park or public place of resort or of amusement. 5. a) Any person who owns, harbours or possesses any dog shall forthwith remove and sanitarily dispose of any excrement of the said animal, 5. b) Any yard or pen where a dog or dogs are allowed to run, shall be kept in a clean and sanitary condition and all dropings, manure, refuse or dropped or scattered feed shall be removed by the owner or keeper at least every three (3) days and such refuse resulting from the keeping of such dog or dogs shall be removed from the premises as to prevent odour arising therefrom. 6. No person shall, a) keep more than two (2) animals in an dwelling unit; b) fail to keep feed or animal food in a rodent-proof container; c) be under the age of twelve (12) years of age when in care and/or control of a dog or dogs. 7. Any person who owns, harbours or possesses any dog shall not allow said animal to make any noise which unduly disturbs the peace, quiet, comfort and repose of any individual in any dwelling house, hotel or any other type of residence. 8. Any person who owns, harbours, possesses or is in the care and/or control of any dog shall not allow said animal enter upon the East Beach in the Village of Port Burwell. 9. Any person who owns, possesses or harbours any dog must provide suitable and adequate shelter, i) "adequate shelter" means a structure capable of shedding rain water, protecting the dog from wind, be situated in a well drained area and be of a size suitable to the size of the dog which the said shelter is intended to house, ii) the size of the said shelter stated in Section III Part 9, Subsection i), shall be large enough to allow the dog to, stand, lay down and turn around in a 360 degree circle. 5 Ville of Port Burwell Canine Control By-Law 10. 1 In this Section "dangerous dog" means a dog which, without provocation, has bitten or has attacked or has made a real and substantial threat of attack on a person or a domestic animal, or demonstrated a propensity to do so, provided that a dog shall not be deemed to be a dangerous dog if the bite, attack or threat of attack was sustained by a person who, at the time, was committing a willful trespass or other tort upon the premises occupied by the owner or keeper of the dog, or was teasing, tormenting, abusing, or assaulting the dog, or has, in the past, been observed or reported to have teased, tormented, abused or assaulted the dog, or was committing or attempting to commit a crime. 2. Every person who owns or keeps a dangerous dog shall keep the dangerous dog restrained when on the premises of the owner of the dangerous dog. 3. The owner of a dangerous dog shall at all times, when the dog is outside the boundries of the owner's lands, keep the dog muzzled and it shall be securely leashed to the owner of the dog on a leash not longer than 2 feet in length. 4. Every person who is obligated to restrain a dangerous dog pursuant to paragraph 2 above shall restrain the dangerous dog in accordance with any written directives which may be given by the Animal Control Officer. 5. No person shall keep a dangerous dog in the Village if the dangerous dog has been found running at large in the Village, or not restrained when on the promises of the owner of the dangerous dog, or not restrained in accordance with written directives of an Animal Control Officer. 6. An animal control officer shall seize and impound any dangerous dog found running at large. 7. Where a dangerous dog has been impounded for running at large, the pound keeper shall not restore the said dog to its owner or to any other person until written notice has been given by an Animal Control Officer that the person to whom the dog is to be restored has made arrangements to destroy the dangerous dog. Where the owner is unable to demonstrate compliance, or refuses to do so, after written notice is given, the pound keeper shall destroy the dog and the owner shall be liable for pound and maintenance fees, on demand of the pound keeper. 8. Every person who keeps a dangerous dog shall immediately notify the Village Clerk, of the Village and after the transfer of the ownership of the dangerous dog to any other person, such notification to include identification of the dangerous 6 Village of rort Burwell Canine Control By-Law dog, name and address of the transferor, name and address of the transferee, the date of the transfer, and other information which may be reasonably requested by the Village Clerk. 9. An owner of a dangerous dog shall obtain and maintain in force a policy of public liability insurance issued by an insurer Licenced by the Province of Ontario providing third party liability coverage in an amount an not less than two million ($2,000,000.) dollars for any damage or injury caused by the said dangerous dog. A certified copy shall be filed with the Village Clerk within five (5) working days. 10. A direction in writing from an Animal Control Officer shall be sufficient notice that the owner is the owner of a dangerous dog and must comply with the provisions of this by-law. Section IV Impounding 1. The Animal Control Officer shall, and any police officer may, seize any dog found running at large contrary to this By-Law. 2. Every dog seized by a police officer shall forthwith be delivered by the police officer to the Animal Control Officer. 3. The Animal Control Officer shall impound any dog seized by him or her or delivered to him or her by a police officer. 4. The owner or keeper of an animal impounded for being at large shall be entitled to redeem such animal within 72 hours from the time of impoundment, exclusive of the day of impoundment, statutory holidays and days during which the pound is otherwise closed, upon paying any damages, fines and expenses according to law. 5. The Animal Control Officer shall impound any female dog found to be running at large and in heat until said dog is no longer in heat. 6. a) Wherein, in the opinion of an Animal Control Officer, a dog cannot be captured and where the safety of persons or animals are endangered, the Animal Control Officer or another officer appointed by Council may euthanize the dog and no 7 Village o4 Port Burwell Canine Control By-Law damages or compensation shall be recovered by the owner of the dog for the said destruction of the dog. b) Where a dog is captured or taken into custody and the services of a veterinarian are secured by the Animal Control Officer, the fees for said services and all other fees payable under this By-Law, whether the dog is alive, dies or is euthanized shall be paid by the owner of said dog. 7. Where a dog that is impounded is not claimed by the owner thereof within the redemption period specified under this By-Law, the Animal Control Officer may retain the dog for such further time as he or she may consider proper and during that time the Animal Control Officer may; a) sell the dog for such price, as he or she may consider proper, or I)) euthanize the dog, or c) dispose of the dog as he or she sees fit. 8. No compensation, damages, fees or any other sum of money shall be; a) recovered by any owner or other person; or b) paid by the Animal Control Officer or the Corporation of the Village of Port Burwell on account of or by reason of the impounding, euthanizing or other disposal of the impounded dog in the course of the administration of this By-Law. 9. The owner of a dog that has been impounded shall upon application to the Animal Control Officer, claim the dog before the Animal Control Officer is entitled to dispose of the impounded dog according to the provisions of Section IV Part 11 of this By-Law. 10. Where a dog is claimed, the owner shall provide proof of ownership of said dog to the Animal Control Officer. 11. a) The Animal Control Officer may capture all dogs running at large contrary to this By-Law and may take said dog to the animal's owner or keeper, if known, or at the Animal Control Officer's discretion to the pound for impounding. b) For the purpose of Section V Part 4 of this By-Law, the Animal Control Officer 8 • `'illate of Port Burwell Canine Control By-Law may enter onto any public property and into the structures thereon with the consent of the owner or occupant. Section V General and Penalties 1. The Animal Control Officer may commence a proceeding in Provincial Offences Court by filing a certificate of offence. 2. Any person who contravenes any provision of this By-Law is guilty of an offence and, upon conviction thereof by a court of competent jurisdiction pursuant to the provision of the Provincial Offences Act; R.S.O. 1990, P.33, as amended, or any successor legislation shall be liable to a fine of not more than $5,000.00 plus Court cost as assessed and levied. 3. The Court in which the conviction has been entered, and any court of competent jurisdiction thereafter, may maize an order prohibiting the continuation or repetition of the offence by the person convicted, and such an order shall be in addition to any other penalty imposed on the person convicted. 4. Each day during which there is a breach of this By-Law shall be regarded as a separate and distinct offence and any person who continues in breach of this By-Law, may be charged for each separate day during the continuation of the offence. 5. It is declared that, notwithstanding that any section of this By-Law or part thereof may be found by a court of competent jurisdiction to be invalid, unenforceable or ultra vires than such section shall conclusively be deemed to be servable and all other sections or parts of this By-Law are separate and independent there from and enacted as such. 6. In this By-Law, unless the contrary intention appears, words importing only singular number or masculine gender shall include more persons, parties or things of the same kind than one and the feminine or neuter gender. 9 �f Vireo,of Port Burwell Canine Control By-Law 7. By-Law 90-10 and By-Law 90-11 and all other by-laws directly related to this matter are hereby repealed. Z Z 'J 0 8. This By-Law comes into force and effect on the,8th clay of March 1994. Z t4D READ a First and Second time th is.eth clay of March 1994 ZZ ''`) READ a Third time and finally passed thi1,eth day of March 1994. Ai if / / i%°�'►` T Nesbit} Reeve 4 VII • 6 , Free, '' • ..•.• trator/Clerk 10 N ► _. THE CORPORATION OF THE VILLAGE OF PORT BURWELL BY-LAW No. TITLE: Dogs ITEM COLUMN 1 COLUMN 2 COLUMN 3 1 . Fail to register dog Section II .2( a ) $53 . 75 2 . Own a dog without license Section II . 2(b ) $53 . 75 3 . Possess dog without license Section II . 2( b ) $53 . 75 4 . Harbour dog without license Section II . 2( b ) $53 . 75 5 . Dog at large-private property Section III . 1(a) $28. 75 1 6 . Dog at large-public place Section III . 1( b ) $28 . 75 ro a w 7 . Permit dog to enter private property Section III . 2 $28 . 75 0 8. Permit dog to remain on private property Section III . 2 $28 . 75 9 . Fail to restrain dog Section III . 3(a) , (b ) $28 . 75 10 . Fail to cause dog to be restrained Section III . 3( a ) , (b ) $28 . 75 11 . Fail to remove and dispose of dog excrement Section III . 5( a ) $28 . 75 Note: The penalty provision( s ) for the offence( s ) indicated above is Section V Part 2 of the By-Law No. , a certified copy of which By-Law has been filed. August 5, 1997 To: The Corporation Of The Village Of Port Burwell Re: Dog Tag Licenses Another year of`Canine Tax Collecting'has come and gone for the Village, and it is my duty to report back to the Office what has indeed transpired. With a record number of licenses issued last year, I was hoping to surpass my previous number. However it seemed as if far too many people with dogs had relocated to other areas, and thus for a brief instant I felt as if I had let 'the Village' down. The silver lining to this story is that for every two dogs that moved away from Port Burwell, through careful sleuthing and at times even by accident, I found at least one(or 1.5 if your into that) newly discovered canine(s) to compensate for my minimal loss. As a result, it seems as if my efforts in tagging for the year of 1997 were an `under dog', if you will, success story. The Tallies are as follows: Number of Tags sold by the Village(not under my instruction) 9 Number of Tags sold by R Muhlbock 111 Number of Tags to be sold by village under R. Muhlbocks instruction 17 Total Number of Tags sold 137 Total number of Tags sold by R Muhlbock at S4 a tag is— S512= S4 z 128 Please note that the Tag numbers of 74 and 92 were unfortunately and regrettably lost by myself due to the ill manufacturing of the fastening clip of the tag. If these numbers turn up by village residents please be informed that they were not officially licensed nor recorded by myself On another matter, it was brought to my attention that I was allowed to encourage people with dogs who lacked the funds to pay me at the time, to pay and receive their tag at the Village Office once money was available to them. Information pertaining to these particular dogs is partially recorded on various receipts attached in the receipt Book 3 for 1997. In this instance, the following people were told to pay at the office: 41 Chatham- Owns 2 Dogs- Owes S25 9 Strachan- Owns 2 Dogs- Owes S30 17 Chatham Apt 2- Owns 1 Dog- Owes $15 39 Milton- Owns 2 Dogs- Owes S30 58 Elizabeth Apt 35- Owns 1 Dog- Owes$10 58 Elizabeth Apt 25- Owns 1 Dog- Owes$10 58 Elizabeth Apt 8- Owns 2 Dogs- Owes $30 39 Chatham- Owns 2 Dogs- Owes$20 *58 Shakespeare- Owns 3 Dogs- Owes S45 at most *48 Shakespeare- Owns 1 Dog- Owes$15 at most Once again please be informed that the information pertaining to these animals is recorded in partial on various receipts attached in receipt Book 3 (except 58 & 48 Shakespeare) and please also note that I am not responsible for the forgetfulness or the dishonesty of these individuals as all were notified of the licensing tax. And sadly the residents of 58 as well as 48 Shakespeare, much to the unfairness of the rest of the Dog owners and tax payers in the Village, simply refused to pay, thus no information was attained as these people were often rude or too misleading for the `Canine Tax Collector' who is, and was,just trying to do his job. And on that note, I'd like to sincerely thank Ed Roloson for approaching me with the offer of this job again for this year and also David Free for the approving of that offer. Thanks to all for putting up with my inquiries et all. I understand that the `umbilical has been cut' on my opportunity for this job next year due to the amalgamation. This is all fine and understandable and not necessarily a bad thing from my perspective, as the hostile members of the Port Burwell community can become a bit taring on myself(pardon the pun) after a days work. Once again thanks to all for the opportunity to serve the community yet again and best wishes to all in the future and continued happiness throughout life; Amen indeed. Sincerely, Canine Tax Collector Robert Joseph Muhlbock GOOF POR rU9 NY THE CORPORATION OF THE t411.01, c•"` VILLAGE OF PORT BURWELL PO.Box 10,Port Burwell,Ontario NOJ I TO = telephone (519) 874-4343 • fax (519) 874-4948 41011101410, am =.. 01 home page:httpJ/www-kanservu.ca.burwell 44ritalro, PORTUS REFUG"UM MEMO To: S. Dieleman Mantel From: E. Roloson Date: August 11, 1997 Re: Canine Tax Collecting Please be advised that the 1997 Canine Tax Collection has been completed by Robert Muhlbock. The total number of tags sold was 137. Robert sold 128 with the remainder sold earlier in the year within the office. Robert has compiled a list of addresses that have not purchased tags. He has instructed the following properties to purchase tags at the office; 41 Chatham $25 9 Strachan $30 17 Chatham $15 ( apt. 2 ) 39 Milton $30 58 Elizabeth $10 ( apt. 35 ) 58 Elizabeth $10 ( apt. 25 ) 58 Elizabeth $30 ( apt. 8 ) $30 39 Chatham $20 58 Shakespeare $45 48 Shakespeare $15 David R.Free,CET,AMCT• Administrator/Clerk-Treasurer Please also be advised that the previously listed dog owners have been warned that failure to purchase a village clog tag will result in the fee being placed on their taxes. Could you please process a cheque in the amount of$576, payable to Robert Mulllbock for the sale of 128 tags @ $4.50/tag. Thank you Ed Roloson August 5, 1997 To: The Corporation Of The Village Of Port Burwell Re: Dog Tag Licenses Another year of`Canine Tax Collecting' has come and gone for the Village, and it is my duty to report back to the Office what has indeed transpired. With a record number of licenses issued last year, I was hoping to surpass my previous number. However it seemed as if far too many people with dogs had relocated to other areas, and thus for a brief instant I felt as if I had let 'the Village' down. The silver lining to this story is that for every two dogs that moved away from Port Burwell, through careful sleuthing and at times even by accident, I found at least one (or 1.5 if your into that)newly discovered canine(s)to compensate for my minimal loss. As a result, it seems as if my efforts in tagging for the year of 1997 were an `under dog', if you will, success story. The Tallies are as follows. Number of Tags sold by the Village (not under my instruction) 9 Number of Tags sold by R. Muhlbock 111 Number of Tags to be sold by village under R. Muhlbocks instruction 17 Total Number of Tags sold 137 Total number of Tags sold by R. Muhlbock at S4 a tag is— 5512= S4 z 128 Please note that the Tag numbers of 74 and 92 were unfortunately and regrettably lost by myself due to the ill manufacturing of the fastening clip of the tag. If these numbers turn up by village residents please be informed that they were not officially licensed nor recorded by myself On another matter, it was brought to my attention that I was allowed to encourage people with dogs who lacked the funds to pay me at the time, to pay and receive their tag at the Village Office once money was available to them. Information pertaining to these particular dogs is partially recorded on various receipts attached in the receipt Book 3 for 1997. In this instance, the following people were told to pay at the office: 41 Chatham- Owns 2 Dogs- Owes S2S 9 Strachan- Owns 2 Dogs- Owes S30 17 Chatham Apt 2- Owns 1 Dog- Owes S15 39 Milton- Owns 2 Dogs- Owes S30 ..1.0 P0Rr�N 58 Elizabeth Apt 35- Owns 1 Dog- Owes$10 a� 58 Elizabeth Apt 25- Owns 1 Dog- Owes SIO 58 Elizabeth Apt 8- Owns 2 Dogs- Owes S30 39 Chatham- Owns 2 Dogs- Owes S20 AU' / 6 1997 , *58 Shakespeare- Owns 3 Dogs- Owes $45 at most *48 Shakespeare- Owns 1 Dog- Owes S i S at most ;. ~+ 0 • Once again please be informed that the information pertaining to these animals is recorded in partial on various receipts attached in receipt Book 3 (except 58 & 48 Shakespeare) and please also note that I am not responsible for the forgetfulness or the dishonesty of these individuals as all were notified of the licensing tax. And sadly the residents of 58 as well as 48 Shakespeare, much to the unfairness of the rest of the Dog owners and tax payers in the Village, simply refused to pay, thus no information was attained as these people were often rude or too misleading for the `Canine Tax Collector' who is, and was, just trying to do his job. And on that note, I'd like to sincerely thank Ed Roloson for approaching me with the offer of this job again for this year and also David Free for the approving of that offer. Thanks to all for putting up with my inquiries et all. I understand that the `umbilical has been cut' on my opportunity for this job next year due to the amalgamation. This is all fine and understandable and not necessarily a bad thing from my perspective, as the hostile members of the Port Burwell community can become a bit taxing on myself(pardon the pun) after a days work. Once again thanks to all for the opportunity to serve the community yet again and best wishes to all in the future and continued happiness throughout life, Amen indeed. Sincerely, Canine Tax Collector Robert Joseph Muhlbock /21).Q_Sit— JG� cg PORT 80 9 a� t F THE CORPORATION OF THE VILLAGE OF PORT BURWELL PO.Box 10,Port Burwell,Ontario NOJ I TO telephone (519) 874-4343 • fax (S 19) 874-4948 41111210 PORTUS REFUGIl10 June 21, 1996 Robert Muhlbock R.R. #1, Vienna ON. NOJ 1ZO Please be informed that you have advised me that you will sell dog tags within the Village of Port Burwell for the 1996 season. You agree to sell the said tags for$4 per tag, of which will be paid to you upon completion. There has been no time limit set for you to perform the door to door sales. You have advised me that you intend to begin on June 22, 1996. Please also be advised that the sale of dog tags is to take place above and beyond your regular 8hr. work day with the Port Burwell Public Works Department. Yours truly /// C-p(A°‘"S"/ Robert Muhlbock Ed Roloson Chief Building Official 2 / * / g (- By-Law Enforcement Officer f 7 David R.Free,CET AMCT • Administrator/Clerk-Treasurer , .. THE MUNICIPALITY OF VILLAGE OF PORT BURWELL --/ /2-,----) TV- o6, Meeting....4eee ./z ,19 9.c7 / . C-. 4) . . 4 Moved By . .4. (. e(lia"5, ---- --,ogeZZ --. That leave be granted to introduce By-law to Seconded By /z-e^A. cr.!' c-.2--,,,c/J..-.)<7.-e,-1,-I 7 4/ 714./...-....-,,61..r- ,,e7te/We:we:sr,- A-el,e 1:7:,ze,-,..."7"="ew As /---c, V / and that Bylaw presented herewith be read a first time. By-law read a _ .Z.:4..'s_1. . ...___-time Moved By ....—_-_,; That By-law now read a first time be read a -- ...../ ..„.9f.i.4../.5a.... ,_1 second time forthwith. Seconded By By-law read a --.4%,Ze.c...A4.42......._time A - I Moved By __... 1 - *rillIV 110 That By-law now read a second time be read \sk jsc1/4.1....-:081111, a third time forthwith. Seconded By _____ _t_ ... By-law read a Moved By .7. --.6E44.- -.... :4 That By-law now read a third time do pass, be engrossed by the Clerk, and signed and Seconded By ____ sealed by the Reeve. • y' ao szm P.,_ .BY-LAW NO. A BY-LAW AUTHORIZING THE BORROWING OF MONF_Y TO MEELCURRENT EXPENDITURES Tom OF THE COUNCIL OF ' �/,ll,�` '' `�T�� `'"'`'ll (the "Municipality") A. In accordance with subsection 18711)of the Ontario Municipal Act (the "Act"), the Municipality considers e it necessary to borrow the amount of 1 t�G o o v to meet, until taxes are collected, the current expenditures of the Municipality for the year B. Pursuant to subsection 18712)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 hes not been repaid is $ Zsr,j000 THEREFORE, thr° 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"1 a sum or sums not exceeding in the aggregate $ Z°0, Oma' 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. es the case may be.sealed with the corporate seal of the Municipality end 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 es all other sums borrowed pursuant to the Act in this year end 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 ell 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 end 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. PASSED this /2 /^.y day of 40/ /97.9/ 42' L i1dfr flit• A.Of HI " P'AttTY SERI cum 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 et a meeting of the Council of the Municipality end that this Bylaw Is in full force end effect. Dated this /Z Ty day of 4.4. 9,( Witness the corporate seal } THE CORPORATION OF THE VILLAGE OF PORT BURWELL 2 t'C'54'":751. PO Box 10 21 Pitt Street Port Burwell, Ontario NOJ 1T0 BY-LAW 94-07 (Being a By-Law of the Corporation of the Village of Port Burwell to amend zoning By-Law 91-03 which regulates the use of land and the character, location and use of buildings and structures in the Village of Port Burwell.) WHEREAS the Council of the Corporation of the Village of Port Burwell deems it advisable to amend By-Law No. 91-03 in accordance with the provisions of Section 34 of the Planning Act. 1983: NOW THEREFORE, the Council of the Corporation of the Village of Port Burwell enacts as follows: Section 1 Application 1.1 Section 2.1 of this By-Law shall apply to the text of By-law No. 91-03. 1.2 Section 2.2 of this By-law shall apply to Schedule "A" of By-law No. 91-03. Schedule "A" attached hereto forms part of this by-law. section 2 Amendment 2.1 By-Law No. 91-03 is hereby amended by adding the following as Section 6.11: 6.11 pedal Provision This section applies special or unique regulations to certain"Residential Zone 2 (R2)" sites within the Village, notwithstanding regulations to the contrary in other sections of this By-law. If a regulation is not specified in this Section, including special limits for uses, buildings or structures, the relevant regulations of this By-law shall apply. 6.11.1 R21 Notwithstanding Section 4.37 (a) (i) and 4.37 (a) (ii) of the General Provisions, corner lots zoned R2-1 shall be permitted minimum front yards of 7.4 rather than 7.5 m, and minimum exterior side yards of 3.4 m for a 1 1/2 storey or 2 storey swelling rater than 3.5 m. 2.2 By-law no. 91-03 is hereby amended as shown on Schedule"A" attached hereto to rezone the affected property from a Residential Zone 1 (R) to a "Special" Residential Zone 2 (R2-1). Read a FIRST and SECOND time this /9 / day of �G 1%77 1994. Administrator/Clerk-Treasurer Read of THIRD time and finally passed this /9/21 day of 1994. A! /s., tor/Clerk-Treasurer i VILLAGE OF PORT BURWELL Ll 1 L L HOWARD STREET \ V \ 0 .1-7111".1111111.1 e: _ _____- ' R . „__ J ROBINSON STREET C 0 0 . H L , '-- 0111111ri !al I, AI 6 -Y-ist,--= 4 ' .• <002,..,p , 1 lAk 112 IaNEIIliIN �� ERIEUS ST MIi 1 , I �� / an ga . , R i , i _ ii •______, , ,/.. I..: ix I • ■ SITE 0 `N / l I l -- ISTRACHAN ST. 71/ 0 1 Q l 01 1 f Tl' 71. ( : �\ not to scale Zoning Bylaw No 94-07 1 OS �r OD ....\Schedule A _ E. - - za / -11111 um I nl:IID IIIII�p • ;, • SUBJECT AREA ( from • / . o` 11111hmn7/ALIUII 40-24, eLt-l!.. R 1 t o R2 -1 ) 1;i n , ;.I:b�l. :� �Lrgia;E: 11i116yNi— INSET hoc PORTS \\ _ Lnn.n:_�=uus' ;,\ AREA 4/0,1411110,_ 7 • — - 7—'2f4r-' 4;1:1......,. Vi. uw ol.nw mlipim�p: . ,,,, ,.„.„1,...1....,,i, ..., i i+m.1 ,A.nul n v• •:p1 i 11 The Corporation of The Village of Port Burwell PO Box 10 21 Pitt Street Port Burwell, Ontario By-Law 94-08 Being a Bylaw to renumber certain By-laws in order to avoid numerical duplication Whereas Section 102 of the Municipal Act RSO 1990 c. M.45 provides that a council may pass by-laws governing the operations of the municipality and Whereas the numerical sequence of certain by-laws passed between 1945 and 1992 have used the same numbers. The Council of the Village of Port Burwell hereby deems it necessary to change the numbering of the following by-laws as follows; 1. BY-LAW 86-08 being a Bylaw to Appoint a By-law Enforcement Officer, shall be changed to BY-LAW 86-01. By-law 86-08 being a by-law to set the Rates and Levies for 1986 shall remain. 2. BY-LAW 86-12 being a by-law to Designate the Old Baptist Church as a Historical Building, shall be changed to BY-LAW 86-18. By-law 86-12 being a by-law to authorize the expropriation of Land shall remain. 3. BY-LAW 86-14 being a by-law to appoint a Building Official, shall he changed to BY-LAW 86-19. By-law 86-14 being a by-law to Amend By-law 86-13, the Zoning By-law shall remain. 4. BY-LAW 230 being a by-law to Set the Rates and Levies for 1969, shall be changed to BY-LAW 126. BY-LAW 230 being a by-law for the Roads Expenditure shall remain. ../;, �..`"'� .. 5. BY-LAW 87-15 being a by-law for Licensing and the Regulation of Taxi Cabs, shall be changed to BY-LAW 87-27. By-law 87-15 being a by-law to Authorize Offer to Settle shall remain. 6. BY-LAW 88-12 being a by-law to Grant Ownership of the Sewage Works shall be changed to BY-LAW 88-25. By-law 88-12 being a by-law to Allow Encroachment at 22 Pitt Street shall remain. 7. BY-LAW 89-04 being a by-law to Authorize the Lease of Harbour Lands with the Department of Fisheries and Oceans shall he changed to BY-LAW 89-06. BY-LAW 89-04 being a by-law to Adopt an Official Plan for the Village of Port Burwell shall remain. 8. BY-LAW 89-13 being a by-law to Appoint a Plumbing Inspector shall be changed to BY-LAW 89-16. BYLAW 89-13 being a by-law to set the Water and Sewer Rates shall remain. 9. BY-LAW 90-11 being a by-law to Appoint a Deputy Fire Chief shall be changed to BY-LAW 90-19. By-Law 90-11 being a by-law to Appoint a By-law Enforcement Officer shall remain. !� - 2 J X2100 G� This by-law read a :rst and second time t•is 27th day of September 1994. /16 .omas Nesbitt, Reeve 411. II •vi. '>. ree, Administrator/Clerk-Treasurer This by-law read a third time and finally passed this 27th day of September 1994. T mas Nesbitt, Reeve Davi . Free, Administrator/Clerk-Treasurer 3 , ♦ • The Corporation of the Village of Port Burwell By-Law 94-09 Being a By-Law to adopt the current estimates and strike the interim levies and rates of taxation for the year 1994. 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, R.S.O. 1990, Chap. M.45, The Ontario Unconditional Grants Act, and The Education Act, R.S.O. 1990, Chap. E.2 it is necessary that the following sums be raised by means of taxation for the year 1994. General Municipal Purposes $196,323.82 County Purposes $84,538.77 Public School Purposes $98,343.81 Separate School Purposes $12,316.97 Secondary School Purposes $89,629.22 Total $481,152.58 AND WHEREAS all real property and business assessment rolls made for the year 1994 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 9 of The Ontario Unconditional Grants Act, R.S.O. 1990, Chap. 0.38, 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 THEREFORE the Council of the Corporation of the Village of Port Burwell hereby ENACTS AS FOLLOWS: 1 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" of the taxes by-law. 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. 1990, 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: August 26, 1994 November 25, 1994 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 Pitt Street Port Burwell, Ontario NOJ 1T0 or at the Port Burwell Canadian Imperial Banlz of Commerce. 2 • • 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 clue date, which shall be the first clay 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 1994. 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 clue 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 been 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- .w shall come into fo• e and take effect on the date it receives final approval. Read ' and sec.rt ime, 's / day of June, 1994.. / • i • e vry lnlstrator/Clerk-Treasurer Read a t • line andfi ally ;<*ed 's 14th day of June, 1994. Re• e •4.1.inistrator/Clerk-Treasurer 3 .• Village of Port Burwell Mill Rate Calculations ' 1994 Schedule "A" Res&Farm Mill Res&Farm Commercial Atm Comm&Ind Business Mill Business Assessment Rate i Levy Assessment Rate Levy Assessment Rate Levy Total Village 1,058.016 161.750 $171,134.09 98,207 190.295 $18,688.30 34.185 190.296 $6,501.43 $196,323.82 County 1,068,018 69.661 173,891.89 98,207 81.942 $8,047.31 34,166 81.942 $2,799.56 $84,538.77 ,, Public School Board , Elementary 991,181 86.330 $85.568.86 93.288 101.565 ' $9,474.80 32.495 101.565 $3,300.35 $98,343.81 Secondary 991,181 78.680 177,988.12 93,288 92.565 *8.635.20 32.495 92.665 $3,007.90 $89,829.22 I Separate School Board Elementary 66,835 92.563 $6,186.45 4.919 108.898 $536.67 1,670 108.898 $181.88 $6,903.98 Secondary 88,835 72.573 $4,850.42 4,919 85.380 $419.98 1,670 85.380 $142.58 $5,412.99 - Sub•Total $419,417.62 $45,801.27 $15,933.89 $481,152.58 Setup: Consolidated Stmt of Operation SAFETY 14 Jun 94 ànsolidated Stmt of Operation Beg: 01 Jan 94 End:31 Dec 94 Type : B SOURCES OF FINANCING Taxation and user charges : Residential taxation 432, 217 . 63 Comm. & ind. taxation 45, 801 . 26 Business taxation 15, 933 . 68 Taxation from other government 15, 000 . 00 Water & sewer billings 220, 500 . 00 User charges 216, 072 . 00 Total taxation & user charges 945, 524 . 57 Grants : Province of Ontario 311, 579 . 00 Government of Canada 31, 479 . 00 Other municipalities 13 , 254 . 00 Total grants 356, 312 . 00 Other : Sale of land 0 . 00 Donations 2, 500 . 00 Investment income 1, 500 . 00 Penalties\Interest - Taxation 10, 000 . 00 Penalties\Interest - Wtr\Sewer 2, 900 . 00 Illtal other 16 , 900 . 00 Deduct : Amts for Cty & School boards 290, 542 . 00 LPRCA Levy 2, 100 . 00 Appropriations from reserves 0 . 00 Municipal fund balances, begin ning of year To be used to offset (recovered from taxation or user charges 114 , 833 . 00- Total 114 , 833 . 00- Total financing available during the year 911, 261 . 57 APPLIED TO: CURRENT OPERATIONS General government 206, 378 .23 Fire protection 33 , 075 . 00 Other protection to persons and property 24, 660 . 00 Transportation services 109, 719 . 84 Sanitary sewers 126, 329 . 89 terworks system 97, 070 . 02 rbage collection 52, 000 . 00 Recreation & culture services 94, 228 .28 Planning and Development 10, 500 . 00 Description Beg: 01 Jan 94 End:31 Dec 94 Type: B 11111.11111111111111.111111110111111 .. Setup : Consolidated Stmt of Operation SAFETY 14 Jun 94 ,nsolidated Stmt of Operation Beg: 01 Jan 94 End: 31 Dec 94 Type : B Total Current Operations 753 , 961 . 26 CAPITAL OPERATIONS Roadways 169, 500 . 00 Street lighting 5, 000 . 00 Land 0 . 00 Harbour 15, 000 . 00 Recreation & culture services 40, 000 . 00 Fire Fighting equipment 17, 800 . 00 Water & Sanitary Sewer System 103 , 000 . 00 Other 52 , 000 . 00 Total Capital Operations 402, 300 . 00 Net appropriations to reserves 0 . 00 TOTAL CURRENT & CAPITAL 1, 156, 261 . 26 Offset of operations 15, 000 . 00 Capital operations not yet financed 0 . 00 (FAL APPLICATIONS - YEAR 1 , 171 , 261 . 26 SURPLUS (DEFICIT) 259, 999 . 69- S Description Beg: 01 Jan 94 End:31 Dec 94 Type : B Setup: Tax - Collection Detail SAFETY 14 Jun 94 x - Collection Detailill Beg: 01 Jan 94 End: 31 Dec 94 Type : B RESIDENTIAL TAXATION: Residential 171, 134 . 09 Residential - supplementary 0 . 00 TOTAL RESIDENTIAL TAXATION 171, 134 . 09 COMMERCIAL TAXATION: Commercial 18, 688 . 30 Commercial - supplementary 0 . 00 TOTAL COMMERCIAL TAXATION 18, 688 . 30 BUSINESS TAXATION: Business 6, 501 .43 Business - supplementary 0 . 00 TOTAL BUSINESS TAXATION 6 , 501 . 43 COUNTY TAXATION: County - residential 73 , 691 . 89 Sunty - residential suppl 0 . 00 unty - residential w\o 0 . 00 County - commercial 8, 047 . 31 County - commercial suppl 0 . 00 County - commercial w\o 0 . 00 County - business 2 , 799 . 56 County - business suppl 0 . 00 County - business w\o 0 . 00 TOTAL COUNTY TAXATION 84 , 538 . 76 PUBLIC ELEMENTARY TAXATION: Public Elementary - res . 85, 568 . 66 Public Elementary - res suppl 0 . 00 Public Elementary - res w\o 0 . 00 Public Elementary - comm. 9, 474 . 80 Public Elementary - com. suppl 0 . 00 Public Elementary - w\o com. 0 . 00 Public Elementary - bus. 3 , 300 . 35 Public Elementary - bus. suppl 0 . 00 Public Elementary - w\o bus . 0 . 00 TOTAL PUBLIC ELEMENTARY 98, 343 . 81 PUBLIC SECONDARY TAXATION: Aftiblic Secondary - res. 77, 986 . 12 Iliblic Secondary - res . suppl 0 . 00 Public Secondary - res . w\o 0 . 00 Public Secondary - com. 8, 635 .20 Description Beg:01 Jan 94 End: 31 Dec 94 Type : B ,tQ` 7 • Setup : Tax - Collection Detail SAFETY 14 Jun 94 illx - Collection Detail Beg : 01 Jan 94 End: 31 Dec 94 Type : B Public Secondary - com. suppl 0 . 00 Public Secondary - com. w\o 0 . 00 Public Secondary - bus . 3 , 007 . 90 Public Secondary - bus . suppl 0 . 00 Public Secondary - bus . w\o 0 . 00 TOTAL PUBLIC SECONDARY 89, 629 . 22 SEPARATE ELEMENTARY TAXATION: Separate elementary - res . 6, 186 .45 Separate elementary - res . sup 0 . 00 Separate elementary - res . w\o 0 . 00 Separate elementary - com. 535 . 67 Separate elementary - com. sup 0 . 00 Separate elementary - com. w\o 0 . 00 Separate elementary - bus . 181 . 86 Separate elementary - bus . sup 0 . 00 Separate elementary - bus . w\o 0 . 00 TOTAL SEPARATE ELEMENTARY 6 , 903 . 98 SEPARATE SECONDARY TAXATION Albparate Secondary - res . 4 , 850 .42 crate Secondary - res . sup 0 . 00 Separate Secondary - res . w\o 0 . 00 Separate Secondary - com. 419 . 98 Separate Secondary - com. sup 0 . 00 Separate Secondary - com. w\o 0 . 00 Separate Secondary - bus . 142 . 58 Separate Secondary - bus . sup 0 . 00 Separate Secondary - bus . w\o 0 . 00 5, 412 . 98 TAXES ON ASSESSMENT 481, 152 . 57 LOCAL IMPROVEMENTS 12, 800 . 00 TOTAL TAXES 493 , 952 . 57 Penalties and interest 10, 000 . 00 III Description Beg: 01 Jan 94 End: 31 Dec 94 Type : B , MA - �. .. _... Setup: Tax - County\Board Levys SAFETY 14 Jun 94 x - County\Board Levys410 Beg: 01 Jan 94 End: 31 Dec 94 Type : B ax Levies : County of Elgin 84 , 539 . 00 Public Elementary 101, 417 . 00 Public Secondary 92, 269 . 00 Separate Elementary 6, 904 . 00 Separate Secondary 5, 413 . 00 TOTAL TAX LEVIES 290, 542 . 00 L. P.R.C.A 2, 100 . 00 • III Description Beg: 01 Jan 94 End:31 Dec 94 Type : B ,.«.. . ..,,....,......,-rum: _..-. . . _, _ _.. Setup: Tax - Grants in Lieu SAFETY 14 Jun 94 ill x - Grants in Lieu Beg: 01 Jan 94 End: 31 Dec 94 Type : B AXATION FROM OTHER GOVT: LCBO - GIL 3 , 500 . 00 MNR - GIL 11, 500 . 00 TOTAL 15, 000 . 00 III III Description Beg: 01 Jan 94 End: 31 Dec 94 Type : B Setup: Grants\Other Governments SAFETY 14 Jun 94 jants\Other Governments Beg: 01 Jan 94 End: 31 Dec 94 Type : B PROVINCIAL GRANTS : Roads grant 38, 500 . 00 Roads grant - capital 40, 000 . 00 Student Grants 1, 800 . 00 EYC Grant 0 . 00 Ontario pay equity 350 . 00 Unconditional grants 105, 000 . 00 OCWA grant 95, 250 . 00 Infrastructure grant 30, 679 . 00 TOTAL PROVINCIAL GRANTS 311, 579 . 00 FEDERAL GRANTS: Dredging grant 0 . 00 Recycling grant 800 . 00 Community Futures 0 . 00 Infrastructure grant 30, 679 . 00 TOTAL FEDERAL GRANTS 31, 479 . 00 OTHER MUNICIPALITIES : ham Township Recycling!IlY 0 . 00 unty - Urban Roads Rebate 5, 754 . 00 LPRCA (Harbour & Others) 7, 500 . 00 TOTAL GRANTS FROM OTHER 13 , 254 . 00 MUNICIPALITIES 411 Description Beg: 01 Jan 94 End:31 Dec 94 Type : B • Setup: User Charges\Grants SAFETY 14 Jun 94 -er Charges\Grants Beg: 01 Jan 94 End : 31 Dec 94 Type : B Amtelecom - GIL 13 , 129 . 00 Bell Canada - GIL 0 . 00 Boat launches 4 , 000 . 00 BTA 500 . 00 Building permits 1, 500 . 00 Commissioner signatures 100 . 00 Development Charges 6, 000 . 00 Dockage fees 6 , 000 . 00 Dog tags 1, 000 . 00 East Beach 1, 500 . 00 Farmers ' Market 3 , 500 . 00 Fax income 300 . 00 Municipal Marina 0 . 00 Library Lease - County 5, 677 . 00 Lottery Licences 6 , 850 . 00 Minor Variances 900 . 00 Miscellaneous 8 , 000 . 00 Municipal Services 6 , 000 . 00 MOE 5, 000 . 00 Non-Profit Housing 7, 500 . 00 Ping & Devel ' t Recovery 2, 000 . 00 Photocopier income 700 . 00 Special Events 0 . 00 Tax certificates 800 . 00 x collection charges 600 . 00 =x sales 3 , 200 . 00 Telephone poles 0 . 00 Trailer park 955 . 00 Village mugs 100 . 00 Village pins 100 . 00 Wharfinger lease 1, 000 . 00 Work order certificates 300 . 00 Zoning Applications 600 . 00 Zoning certificates 600 . 00 Sub Total 88, 411 . 00 Summary - Museum Board 12 , 450 . 00 Summary - Rec Board 115, 211 . 00 Total income - other 216 , 072 . 00 Description Beg: 01 Jan 94 End:31 Dec 94 Type: B l .a ._�� .._. . ._.. .. �..... . . •_. . .......S .,..s• _ -..._..._• . •. . Setup: Other General Revenue SAFETY 14 Jun 94 her General Revenue Beg: 01 Jan 94 End: 31 Dec 94 Type : B OTHER: Sale of Land 0 . 00 Donations 2, 500 . 00 Bank interest 1, 500 . 00 Penalties - taxes 10, 000 . 00 Penalties - water\sewer 2, 900 . 00 TOTAL OTHER 16, 900 . 00 Description Beg: 01 Jan 94 End:31 Dec 94 Type : B ..-- :" ...�::.; a�.,.:a•m..y..vw._,...M...�._ <...�..........,... .. ., ...a..x 7tebeiM is gem. ..21~1.Rw... I Setup: Water\Sewer - Billings SAFETY 14 Jun 94 1ter\Sewei - Billings Beg: 01 Jan 94 End: 31 Dec 94 Type : B WATER BILLINGS Water billings 95, 970 . 00 Water penalties 1, 100 . 00 Total Water billings 97, 070 . 00 SEWER BILLINGS Sewer billings 124, 530 . 00 Sewer penalties 1, 800 . 00 Total Sewer billings 126, 330 . 00 Total Water\Sewer Billings 223 , 400 . 00 11 Description Beg: 01 Jan 94 End:31 Dec 94 Type : B Setup: General Government expenses SAFETY 14 Jun 94 - -neral Government expenses Beg: 01 Jan 94 End: 31 Dec 94 Type : B GENERAL GOVERNMENT: Administration - salaries 47, 877 . 31 Administration - CPP empr 845 . 00 Administration - UIC 1, 690 . 00 Administration - EHT 455 . 00 Worker' s Compensation Board 4 , 200 . 00 Administration - insurance 1, 000 . 00 Sub total 55, 067 . 31 Auditor 5, 600 . 00 Bank charges 800 . 00 Beautification 3 , 000 . 00 Boardwalk\docks 1, 000 . 00 Cleaning - Library 540 . 00 Cleaning - office 1, 500 . 00 Cleaning - OPP office 750 . 00 Computer assistance 2 , 500 . 00 Computer software 2, 500 . 00 Council remuneration 16, 500 . 00 Council travel expenses 250 . 00 Courier 600 . 00 nations 1, 000 . 00 C Wages 0 . 00 EYC - deductions emp 0 . 00 EYC - deductions 0 . 00 Employer Health Tax 0 . 00 Farmers ' Market 3 , 500 . 00 Forms 0 . 00 Harbour - Dredging 0 . 00 Heating - Library 500 . 00 Hydro - East Beach 500 . 00 Hydro - Library 1, 150 . 00 Hydro - office 2, 550 . 00 Hydro - trailer park 0 . 00 Inner harbour taxes 3 , 200 . 00 Insurance - Village 12, 336 . 06 Land Purchase 0 . 00 Legal 7, 000 . 00 Loan interest 5, 000 . 00 Maintenance - East Beach 1, 000 . 00 Maintenance - Library 600 . 00 Maintenance - Office 2, 250 . 00 Maintenance - Trailer park 0 . 00 Memberships 2, 000 . 00 Miscellaneous - gen. gov' t . 4 , 285 . 00 Office Equipment 1, 000 . 00 fice supplies 6, 000 . 00 otocopier lease 4, 400 . 00 Postage 1, 500 . 00 Promotion\Advertising 6, 000 . 00 Description Beg:01 Jan 94 End:31 Dec 94 Type: B Setup: General Government expenses SAFETY 14 Jun 94 411 neral Gov'rnment expenses Beg:01 Jan 94 End: 31 Dec 94 Type : B ublications 800 . 00 Seminars 2 , 000 . 00 Special events (Mun Elec) 2, 000 . 00 Small craft harbours 0 . 00 Subscriptions 600 . 00 Tax Collections 1, 500 . 00 Tax forms 1, 087. 86 Telephone - fax 0 . 00 Telephone - Library 0 . 00 Telephone - office 4 , 466 . 00 Telephone - OPP 500 . 00 Trailer park expenses 0 . 00 Training & Education 5, 000 . 00 Travel expenses 3, 500 . 00 Water\sewer - Library 450 . 00 Water\sewer - office 450 . 00 Water\sewer - trailer park 146 . 00 Wharfinger 1, 500 . 00 Writeoffs 0 . 00 Sub total 126, 310 . 92 Total expense before reserves 181, 378 . 23 410& I on long term debt 10, 000 . 00 Alloc 'n to Working Capital 10, 000 . 00 Alloc ' n to Fire Truck Reserve 5, 000 . 00 25, 000 . 00 GENERAL GOVERNMENT - TOTAL X 206, 378 . 23 410 Description Beg: 01 Jan 94 End:31 Dec 94 Type : B • Setup: Fire Department expenses SAFETY 14 Jun 94 lire Department expenses Beg: 01 Jan 94 End: 31 Dec 94 Type : B FIRE DEPARTMENT EXPENSES : Wages 15, 000 . 00 15, 000 . 00 Building\Boat maintenance 500 . 00 Equipment 1, 200 . 00 Equip. repair\supplies 2 , 200 . 00 Gasoline 300 . 00 Heating fuel 3 , 300 . 00 Hydro 1, 700 . 00 Material 2, 450 . 00 Memberships 100 . 00 Pager\Radio Systems 500 . 00 Subscriptions 75 . 00 Telephone 2, 200 . 00 Training 2, 350 . 00 Truck Repairs 750 . 00 Water\Sewer 450 . 00 18, 075 . 00 TOTAL EXPENSES - FIRE DEPT 33 , 075 . 00 10 Description Beg:01 Jan 94 End:31 Dec 94 Type : B Setup: Other Protection expenses SAFETY 14 Jun 94 illher Protection expenses Beg: 01 Jan 94 End: 31 Dec 94 Type : B Building inspector\by-law pay 20, 480 . 00 Buiuling Inspector wages 0 . 00 Build Insp - CPP 575 . 00 Build Insp - UIC 1, 095 . 00 BUild INsp - EHT 160 . 00 Dog Catcher - pay 1, 900 . 00 24, 210 . 00 Building inspector courses 200 . 00 Dog tags - purchase 75 . 00 Membership - building 75 . 00 Telephone - build inps . 100 . 00 450 . 00 TOTAL EXPENSE OTHER PROTECTION 24 , 660 . 00 411 Description Beg: 01 Jan 94 End: 31 Dec 94 Type : B - I =A't".r.Y.Y•r"'?.'.11x4'w'i+bf+L'! /tVl'i.1u.�w....�. _ _ .. v... '..I 1t0 .....�.� +.1M�F WY�i'�II�':. .:Sv. .� r�TY�I��- ,��r r�ll� Setup: Transportation services (exp) SAFETY 14 Jun 94 •ansPortat. on services (exp) Beg: 01 Jan 94 End: 31 Dec 94 Type : B TRANSPORTATION SERVICES : Roads - Wages 54, 326 . 84 Roads - Sick Leave Benefits 6, 528 . 00 Roads - CPP 1, 120 . 00 Roads - UIC 2 , 125 . 00 Roads - OHT 520 . 00 Roads - insurance 1, 700 . 00 66, 319 . 84 Christmas lights - install 500 . 00 Equipment 1, 500 . 00 Equipment rentals 500 . 00 Equipment repair - roads 4 , 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 11, 000 . 00 Material - shop 1, 500 . 00 Roads - clearing 1, 000 . 00 Roads - project management 500 . 00 . nd\Salt 2 , 000 . 00 owplowing 2 , 500 . 00 Street light hydro 6, 000 . 00 Street lights - repair 3 , 000 . 00 Telephone - roads 250 . 00 Truck repairs - Roads 500 . 00 Vehicle licences 110 . 00 Water\sewer - roads 450 . 00 43, 400 . 00 TOTAL EXPENSES - ROADS 109, 719 . 84 • Description Beg: 01 Jan 94 End:31 Dec 94 Type : B Setup: Sewage Works expenses SAFETY 14 Jun 94 illwage Works expenses Beg: 01 Jan 94 End: 31 Dec 94 Type : B SEWER EXPENSES : Salaries 19, 925 . 89 Sewer - CPP 425 . 00 Sewer - UIC 845 . 00 Sewer - EHT 300 . 00 Staff support 10, 000 . 00 31, 495 . 89 Auditor 1, 200 . 00 Postage 600 . 00 Building maintenance 1, 500 . 00 Hydro - sewage plant 1, 000 . 00 Sewage plant telephone 534 . 00 Sewer precepts 75, 000 . 00 Engineering 5, 000 . 00 84 , 834 . 00 Reserve - Sewage Treatment Plt 5, 000 . 00 Reserve - Sewage System 5, 000 . 00 OTAL EXPENSES - SEWAGE 126 , 329 . 89 Description Beg: 01 Jan 94 End:31 Dec 94 4 Type : B Setup: Water Works expenses SAFETY 14 Jun 94 -ter Works expenses Beg: 01 Jan 94 End: 31 Dec 94 Type : B WATER EXPENSES : Salaries 20, 286 . 02 Water - CPP 425 . 00 Water - UIC 845 . 00 Water - EHT 250 . 00 G Auditor 1, 200 . 00 Debt Repayment 16, 000 . 00 Meters 3 , 500 . 00 Postage for w\s bills 600 . 00 Monthly water charge 24 , 000 . 00 Precepts 16, 333 . 00 Repairs to system 3 , 631 . 00 Engineering 5, 000 . 00 70, 264 . 00 Appropriation to Reserves 5, 000 . 00 TOTAL EXPENSES - WATER 97, 070 . 02 Description Beg:01 Jan 94 End:31 Dec 94 Type: B Setup : Garbage Collection expenses SAFETY 14 Jun 94 •rbage Collection expenses Beg: 01 Jan 94 End: 31 Dec 94 Type : B GARBAGE COLLECTION SERVICES : Garbage collection 47, 000 . 00 Recycling 0 . 00 Waste management 0 . 00 Transfer Station 5, 000 . 00 TOTAL EXPENSES - GARBAGE 52, 000 . 00 411 411 Description_ Beg: 01 Jan 94 End: 31 Dec 94 Type : B Setup: Recreation Department SAFETY 14 Jun 94 Illcreation Department Beg: 01 Jan 94 End: 31 Dec 94 Type : B REVENUE Bank Interest 100 . 00 Baseball fees 1, 315 . 00 Beer Tent revenue 13 , 500 . 00 Day Camp Revenue 2 , 600 . 00 Donations 3 , 400 . 00 Miscellaneous revenue 0 . 00 Nevada Proceeds 84 , 096 . 00 Park Booth Revenue 1, 000 . 00 Province of Ontario Grant 5, 000 . 00 Santa Claus Parade 0 . 00 Sports Activities 700 . 00 Tub Daze Entrance fees 3 , 200 . 00 Vendor Fees 300 . 00 Total Revenue 115, 211 . 00 EXPENSES Salaries 3 , 760 . 00 Salaries - ded. empl . 0 . 00 Salaries - deductions 0 . 00 Salaries - OHT 40 . 00 Recreation Director (Student) 4 , 500 . 00 S8, 300 . 00 Advertising\Promotion 100 . 00 Telephone - Ball park 150 . 00 Hydro - Ball park 750 . 00 Ball park water\sewer 450 . 00 Bank charges 100 . 00 Organized sports 7, 000 . 00 Building\land maintenance 3, 000 . 00 Day camp expenses 1, 000 . 00 Donations to others 2, 000 . 00 Lottery licences 3 , 888 . 00 Miscellaneous 2, 000 . 00 Nevada tickets 13, 370 . 52 Nevada tickets - commission 18, 869 . 76 Santa Claus Parade 2, 500 . 00 Supplies 750 . 00 Tub Daze 21, 000 . 00 76 , 928 . 28 Total Expenses 85, 228 . 28 Reserve - Rec Board 10, 000 . 00 •inciple & Interest repmt 4 , 000 . 00 Net Income (Loss) 15, 982 . 72 Description Beg:01 Jan 94 End:31 Dec 94 Type : B • Setup: Museum Board SAFETY 14 Jun 94 illseum Board Beg: 01 Jan 94 End: 31 Dec 94 Type : B REVENUE Fund Raising 3 , 750 . 00 Bank interest 50 . 00 Canada Day revenue 150 . 00 Christmas 0 . 00 Donations 1, 500 . 00 Entrance Fee - Lighthouse 0 . 00 Entrance Fee - Museum 3 , 600 . 00 Miscellaneous 3 , 400 . 00 Provincial Grant 0 . 00 Seed Grant 0 . 00 Total Revenue 12, 450 . 00 EXPENSES Staff salaries 0 . 00 Staff - deductions 0 . 00 Staff - ded. employer 0 . 00 Staff - OHT 0 . 00 0 . 00 Bank Charges 150 . 00 Allnada Day expenses 0 . 00 st of Fund raising 1, 200 . 00 Lighthouse - Hydro 250 . 00 Miscellaneous 1, 800 . 00 Museum Maintenance 2, 200 . 00 Museum advertising 800 . 00 Museum donations 0 . 00 Museum - heating 500 . 00 Hydro - Museum 1, 000 . 00 Museum - office supplies 200 . 00 Museum - telephone 250 . 00 Museum - water\sewer 650 . 00 Victoria day expenses 0 . 00 9, 000 . 00 Total Expenses 9, 000 . 00 Reserve - Museum 1, 000 . 00 Net Income (Loss) 2, 450 . 00 III Description Beg: 01 Jan 94 End: 31 Dec 94 Type : B Setup: Planning & Development expense SAFETY 14 Jun 94 anning & Development expense Beg: 01 Jan 94 End: 31 Dec 94iii Type : B LANNING & DEVELOPMENT Architect 2, 500 . 00 Engineering 2, 000 . 00 General planning 3 , 000 . 00 Marina planning 3 , 000 . 00 Surveyor - Land 0 . 00 TOTAL EXPENSES - P & D 10, 500 . 00 ill 411 Description Beg: 01 Jan 94 End:31 Dec 94 Type: B • Setup: Roadways - Capital SAFETY 14 Jun 94 • .dways - Capital Beg: 01 Jan 94 End: 31 Dec 94 Type : B Engineering 5, 000 . 00 Municipal Mapping 0 . 00 Roads - constructon 80, 000 . 00 Roads - master plan 14 , 500 . 00 Roads - equipment 20, 000 . 00 Sidewalks 50, 000 . 00 TOTAL ROADWAYS- CAPITAL 169 , 500 . 00 Description Beg: 01 Jan 94 End: 31 Dec 94 Type : B • Setup: Street Lighting - Capital SAFETY 14 Jun 94 reet Lighting - Capital Beg: 01 Jan 94 End: 31 Dec 94 Type : B New street lights 5, 000 . 00 TOTAL STREET LIGHTING CAPITAL 5, 000 . 00 S Beg: 01 Jan 94 End:31 Dec 94rDescription 4 Type: B Setup: Harbour SAFETY 14 Jun 94 rbour Beg: 01 Jan 94 End: 31 Dec 94 Type : B Dredging 0 . 00 Sheet Piling (LPRCA) 15, 000 . 00 Docks 0 . 00 TOTAL HARBOUR AND DOCKS 15, 000 . 00 Description Beg: 01 Jan 94 End:31 Dec 94 Type : B „...�...,... ..ti:. .r . • Setup: Recreation & Culture - Capital SAFETY 14 Jun 94 ilocreation & Culture - Capital Beg: 01 Jan 94 End: 31 Dec 94 Type : B RECREATION CAPITAL Sound Equipment 0 . 00 Baseball Diamond 17, 000 . 00 Baseball Equipment 3 , 000 . 00 Market Square 20, 000 . 00 TOTAL REC & CULTURE - CAPITAL 40, 000 . 00 i S Description Beg: 01 Jan 94 End:31 Dec 94 Type: B Setup : Fire Fighting Equipment SAFETY 14 Jun 94 ill' re Fighting Equipment Beg: 01 Jan 94 End: 31 Dec 94 Type : B ire Fig5l ng Capital Air Tanks 6, 000 . 00 Bunker Suits 4 , 500 . 00 Pager & Radios 1, 000 . 00 Truck & Accessories 1, 300 . 00 S .C.B .A. 5, 000 . 00 TOTAL FIRE FIGHTING EQUIPMENT 17, 800 . 00 III 411 Description Beg: 01 Jan 94 End: 31 Dec 94 Type : B Setup: Sanitary Sewer System SAFETY 14 Jun 94 pnitarY Sewer System Beg: 01 Jan 94 End: 31 Dec 94 Type : B rater system 103 , 000 . 00 sewage plant 0 . 00 'OTAL CAPITAL SANITARY SEWER 103 , 000 . 00 Description Beg: 01 Jan 94 End:31 Dec 94 Type : B .xvi/[.-MAr .4'l �M,V1•4`-x!.i►.--.. -- i.l..•N.,_ —s._YiMt.'w�w'Y.N1sy"YYMIr1114.vw ...c�eMw�rr_. �,. . 4,`41f • Setup: Other - Capital SAFETY 14 Jun 94 her - Capital Beg: 01 Jan 94 End: 31 Dec 94 Type : B Office Computers 3 , 000 . 00 Fax Machine 0 . 00 Misc Office Capital 4 , 000 . 00 Village Sign 0 . 00 Filing System 5, 000 . 00 Building 40, 000 . 00 TOTAL OTHER - CAPITAL 52 , 000 . 00 • Description Beg: 01 Jan 94 End: 31 Dec 94 Type : B THE CORPORATION OF THE VILLAGE OF PORT BURWELL Post Office Box #10 21 Pitt Street Port Burwell, Ontario BY-LAW 94-10 Being a by-law to amend by-law 91-29. WHEREAS Section 163 paragraph (1) of the Municpal Act R.S.O. 1990, Chap. M.45 provides that Council of a local municipality may by by-law provide for the establishment of a reserve fund. AND WHEREAS by-law 91-29 established a reserve fund for a fire truck November 5, 1991. AND WHEREAS Council deems it necessary to increase the rate of contribution to the reserve fund, The Council of the Village of Port Burwell hereby amends paragraph (2) of by-law 91-29 as follows: (2) $5,000 annually will be placed in the Reserve Fund for replacement of a fire truck. Read a and second ime. s 1 . day of June 1994. At; iholv o as Nesbitt 'eeve Davi. '. Free Adinistrator/Clerk-Treasurer Read a t itne at fit . ly pas:/ tlii- 4th day of June 1994. AP,/ / 24.�`�/9 T .mas Nc='.i Reeve a R. Free Administrator/Clerk-Treasurer 1 THE CORPORATION OF THE VILLAGE OF PORT BURWELL PO Box 10 21 Pitt Street Port Burwell, Ontario BY-LAW 94-11 Being a by-law to establish additional reserves for the Museum Board, Recreation Board and Sewage Treatment Plant; and to consolidate the bank accounts for all established reserves. WHEREAS Section 163 paragraph (1) of the Municpal Act R.S.O. 1990, Chap. M.45 provides that Council of a local municipality may by by-law provide for the establishment of a reserve fund. AND WHEREAS Section 163 paragraph (2) of the Municipal Act R.S.O. 1990, Chap. M.45 provides that Council of a local municipality may by by-law provide that a consolidated account may be kept for all reserve funds. THE Corporation of the Village of Port Burwell hereby enacts: a. That a reserve fund be established for the Museum Board for general purposes. b. That $460.00 initially be placed into the Museum Board Reserve Fund as directed by the Museum Board. Further monies from time to time are to be placed in the Reserve Fund as the Museum Board finds advisable. c. That a reserve fund be established for the Recreation Board for general purposes. d. That a one time amount of$10,000 be placed into the Recreation Board Reserve Fund. e. That a reserve fund be established for the Sewage Treatment Plant for capital purposes. f. That initially, $22,092.32 received from the Ministry of the Environment he placed in the Sewage Treatment Plant Reserve Fund and $5,000 annually be placed in the Sewage Treatment Plant Reserve Fund, thereafter. g. That a reserve fund be established in the amount of$1,200.00 for repairs to the sea-wall. 1 h. That a consolidated bank account be opened at the Port Burwell Canadian Imperial Bank of Commerce for all reserve fund monies from the reserve funds established herein and the Fire Truck Reserve Fund established in by-law 91-29. i. That the Clerk/Treasurer be authorized to invest the funds as required to earn the best possible rate of return without risking the principal amount of the reserve funds. Read a first and second time this 14th day of June 1994. T • .. .9 esbitt - e -/ a- R. Free ministrator/Clerk-Treasurer Read a third time and finally assed this 14th day of June 1994. / Vii, Th . asj., es itt • a e• Free • '�inistrator/Clerk-Treasurer 2 THE CORPORATION OF THE VILLAGE OF PORT BURWELL PO Box 10 21 Pitt Street Port Burwell, Ontario BY-LAW 94-12 Being a by-law to authorize the long term borrowing of an amount of money not to exceed $260,000.00 towards the cost of certain capital projects. WHEREAS Section 187 of the Municpal Act R.S.O. 1990, Chap. M.45 provides that Council of a local municipality may by by-law provide for the borrowing of long term debt. AND WHEREAS the Corporation of the Village of Port Burwell deems it necessary to borrow funds to permit the completion of various capital projects as outlined in Schedule"A". THEREFORE the Corporation of the Village of Port Burwell enacts as follows: 1. The Reeve and Administrator/Clerk-Treasurer are hereby authorized on behalf of the Municipailty to borrow by way of temporary advances from time to time Canadian Imperial Bank of Commerce ("CIBC") a sum or sums the aggregate amount not to exceed $260,000.00 and is to meet expenditures made in connection with the projects outlined in Schedule "A" attached hereto as part of this by-law, and to give on behalf of the Municipality to CIBC a promissory note or notes sealed with the corporate seal and signed by the Reeve and the Administrator/Clerk-Treasurer for the money borrowed plus interest at such rate and for such term as may be agreed upon from time to time with CIBC. 2. All sums borrowed under this by-law, as well as all other sums borrowed this year and in previous years from CIBC for any or all of the purposes mentioned in the Ontario Municipal Act, plus interest, shall he a charge upon the whole of the revenues of the Municipailty for the current year and all preceding years as and when such revenues are received. 3. The Treasurer is hereby authorized and directed to apply in payment of all sums borrowed pursuant to this by-law, plus interest, all of the moneys hereafter collected or received either on account or realized in respect of taxes levied for the current year and preceding years or from any other source which may lawfully he applied for such purpose. 4. The Treasurer is hereby authorized and directed to furnish to CIBC a certified copy of the Order. 1 Read a first and second time this 14th day of June 1994. ZZ1 // (thomas Nesbitt Reeve ;PI • •. Free ator/Clerk-Treasurer Read a third t. and fi y passed .is 14th day of June 1994. #.704 �ii omas Nesbitt Reeve Da Free Administrator/Clerk-Treasurer 2 Village of Port Burwell Schedule "A" Budgeted Budgeted costs Financing Federal Provincial Municipal Roadways Engineering 5,000 5,000 Construction 80,000 40,000 40,000 Master plan 14,500 14,500 Equipment 20,000 • 20,000 Sidewalks 50,000 16,667 16,667 16,666 Street lights 5,000 5,000 Harbour Sheet piling 15,000 7,500 7,500 Recreation & Culture Baseball diamond 17,000 17,000 Baseball equipment 3,000 3,000 Market Square 20,000 20,000 Public Washrooms 15,000 5,000 5,000 5,000 Fire fighting equipment Air tanks 6,000 6,000 Bunker suits 4,500 4,500 Pager & Radios 1,000 1,000 Truck & Accessories 1,300 1,300 SCBA 5,000 5,000 Water & Sanitary Systems Water system 126,450 0 95,250 31,200 0 Other Capital Office computers 4,000 4,000 Misc office equipment 4,000 4,000 Filing system 4,000 4,000 Building 25,000 8,333 8,333 8,334 Unfinanced capital 37,000 37,000 462,750 30,000 172,750 2�_6p, The Corporation of the Village of Port Burwell Post Office Box #10 21 Pitt Street Port Burwell, Ontario By-Law 94-13 Being a By-Law to amend Subsection 5.2 and Subsection 5.7 of Section 5.0 of By-Law 94-03, being a by-law to set water and sewer user rates in the Village of Port Burwell for the fiscal year of 1994. 'WHEREAS the Council of the Corporation of the Village of Port Burwell deems it necessary to amend By-Law 94-03, being a by-law to set water and sewer user rates in the Village of Port Burwell for the fiscal year of 1994 The Corporation of the Village of Port Burwell hereby amends sections 5.2 and 5.7 to read as follows: 5.2 Where domestic sewers are connected to the metered supply, the sewage service rate shall be$23.00 each and every month irregardless of the quantity of water used. 5.7 Should a Municipal sewer be hooked to a private water supply, the rate shall be $23.00 per month. Read a first and and ti . its 14th d. of June, 1994.. // R-- e • dmi trator/Clerk-Treasurer I Read a third tim d final! passed this 4th day of June, 1994. //•/ R 1 er 44 inistrator/Clerk-Treasurer 2 • Village of Port Burwell Water Sewer Budget 1994 Amended June 15, 1994 SEWAGE TREATMENT Cost % of Total Cost Auditor $1,200.00 0.95% Village Staff Salaries $21,495.00 17.02% Staff Support $10,000.00 7.92% Postage $600.00 0.47% Pumping Station Hydro _ - $1,000.00 0.79% MOE Precept Charges $75,000.00 59.37% Building Maintenance $1,500.00 1.19% Telephone $534.00 0.42% App'n to Reserves STP $5,000.00 3.96% App'n to Reserves Sewage System $5,000.00 3.96% Engineering $5,000.00 3.96%, total Cost $1Z5.321.00 WATER SUPPLY Cost % of Total _ Cost Auditor $1,200.00 1.24% Capital Projects/Debt Repayment $16,000.00 16.48% Meters $3,500.00 3.61% Postage $600.00 0.62% Monthly Water Charge $24,000.00 24.72% MOE Precept Charges $16,333.00 16.83% Village Staff Salaries $21,806.00 22.46% Engineering $5,000.00 5.15% Appropriation to Reserves $5,000.00 5.15% Repairs to System $3,631.00 3.74% Total Cost *97.070.00- hums Dy U K i f* AAmioiNntor/Glcrt-Treasure r 7 37 AM W98G AXIS I orw Village of Port Burwell Water and Sewer Rates 1994 Amended June 15, 1994 SEWAGE TREATMENT ► t Customers as at Jan 1994 416 1994 Monthly Chrg (Jan to April) 28.50 Sewage Costs 1994 $121,580.00 Less: Revenue YTD (as at May 30/94) $45,463.00 Amount to be Raised by Year End $76,117.00 Cost /mth/home May to Dec 94 $22.87 Levied Rate $/mth $23.00 Surplus/Deficit $427.00 WATER SUPPLY Projected Village Usage 1993 (m3) 91,400 Customers as at Jan/94 462 Projected Avg Mthly Usage Im3) 20.00 Existing Charge per m3 $1.10 Existing Minimum Chrg $11.00 Water System Cost 1994 (Budget) $97,070.00 Less: Local Improvement Levy $12,800.00 Total Water System Cost $84,270.00 Less: Revenue YTD (as at April 30/94) $29,470.00 Amount to be Raised by YE $54,800.00 Water Consumption (as at April 30/94) 27,639 Projected Water Usage to YE (m3) 63,761 Cost per cubic metre $0.86 Levied Rate ($/m3) $1.00 Minimum Charge/mth $10.00 Projected Revenue (to YE) $63,761.00 Projected Surplus/Deficit $8,961.00 Analysts Renew by D R Free Admdutr•me/C7erk•Trewrer WS9A XLS 10/2091 93$AM The Corporation of the Village of Port Burwell Post Office Box #10 21 Pitt Street Port Burwell, Ontario By-Law 94-14 Being a By-Law to authorize the municipality to enter into an agreement with the Department of Fisheries and Oceans for the lease of harbour lands. WHEREAS the Council of the Corporation of the Village of Port Burwell deems it necessary to lease the harbour lands for the operation of the municipal marina facilities AND WHEREAS the municipality will levy user fees to recover costs in association with the maintenance of these lands, inclusive of dredging The Council of the Village of Port Burwell hereby directs the Reeve and Administrator/Clerk- Treasurer to enter into the lease agreement as presented by the Department of Fisheries and Oceans commencing June 1, 1994 ending May 31, 1997. Read a first an• .4>nd time his 1 day f June, 1994. R. i • • istrator/Clerk-Treasurer 1 gmlimmow • • Read a third ti . and • lly p :ed this 14th day of June, 1994. R::. • • ':trator/Clerk-Treasurer 2 T 1101 GOVERNMENT GOUVERNEMENT OF CANADA DU CANADA "t- t+� FISHERIES PECHES AND OCEANS ET OCEANS , C o PY of 9406 00 001 DUPLICATE ORIGINAL LEASE BAIL SMALL CRAr1' IIARBt)URS BRANCH DIRECTION I)ES PORTS POUR PETITES EMBARCATIONS ANI) ET THE CORPORATION OF THE VILLAGE OF PORT BURWELL AUTI1011IT) Autoriwtion DATE OF DOCUMENT JULY d. 1994 Document(bifida BEGINNING OF TERM JUNE 1, 1994 La pirimk de location romnencr k • END OF TERM MAY 31, 1997 La pet iode de location er terminr M RENT PAYABLE $100.00 (ONE D DOLLARS) Lover paysIJe PERM OR 156 OF GROSS REVENUE LANDS OR RIGHTS DEMISED ALL AND SINGULAR that certain (:erasion ou trunsierl parcel or tract of land and land covered by the waters of Lake Erie, TOGETHER WITH the Government marine facilities located thereon situate, lying and being Part of Lot 11, Concession 1, in the Village of Port Burwell in the County of Elgin and Province of Ontario, being more particularly shown outlined in red on the Plan hereto annexed and designated Schedule A . FILEN°. 5882-70/P576 Node dun+i44. flI:11\UIS I HMMI I!i 0 0 Tile Corporation of tile Village of Port Burwell Post Office Box #10 21 Pitt Street Port Burwell, Ontario By-Law 94-14 Being a By-Law to authorize the municipality to enter into an agreement with the Department of Fisheries and Oceans for the lease of harbour lands. WHEREAS the Council of the Corporation of the Village of Port Burwell deems it necessary to lease the harbour lands for the operation of the municipal marina facilities AND WHEREAS the municipality will levy user fees to recover costs in association with the maintenance of these lands, inclusive of dredging The Council of the Village of Port Burwell hereby directs the Reeve and Administrator/Clerk- Treasurer to enter into the lease agreement as presented by the Department of Fisheries and Oceans commencing June 1, 1994 ending May 31, 1997. Read a first an. mond tine his 11... day of June, 1994. / / ReevA4141/• W • ,..Kstrator/Clerk-Treasurer 1 • 0 Read a third ti.. andi; •.11y p. .ed this 14th day of June, 1994. - R. ' • s' istrator/CIerk-Treasurer cEF10aav,FflpY C1lal A -/aFAS v ;�:� �oaG` K v; P EFti Op`601,0- a',, S 2 • 1 • • • • THIS AGREEMENT made this 6th day of July, One thousand nine hundred and ninety-four; • BETWEEN - . HER MAJESTY THE QUEEN, represented herein by the Minister of Fisheries and Oceans (hereinafter called "the Minister"), OF THE FIRST PART; -and- THE CORPORATION OF THE VILLAGE OF PORT BURWELL, Province of Ontario (hereinafter called "the Agent"), OF THE SECOND PART; WITNESSETH that the Minister, in consideration of the rents, covenants, provisoes and conditions hereinafter contained, hereby leases unto the Agent:- Description ALL AND SINGULAR that certain parcel or tract of land and land covered by the waters of Lake Erie, TOGETHER WITH the Government marine facilities located thereon situate, lying and being Part of Lot 11, Concession 1 in the Village of Port Burwell in the County of Elgin and Province of Ontario, being more particularly shown outlined in red on the Plan hereto annexed and designated Schedule "A". Habendum TO HAVE AND TO HOLD the said premises unto the Agent from and after the first day of June, One thousand nine hundred and ninety-four for a term or period of three (3) years and then fully to be complete and ended. Reddendum YIELDING AND PAYING therefor, during the currency of this Agreement, unto the Minister, to the Receiver General of Canada, in lawful money of Canada, the following rent or sum, namely:- (a) ONE HUNDRED DOLLARS ($100.00) per annum, payable each year in advance, or (b) FIFTEEN PER CENT (15%) of all gross revenue derived by the Agent from the management and operation of the said premises, whichever is the greater amount, and the difference between the $100.00 paid in advance and the 15% of gross revenue is payable within sixty days of the end of each agreement-year. 2. Inter- IN THIS agreement; pretation (i) "Minister" means the Minister of Fisheries and Oceans and any person he has delegated to act on his behalf. (ii) "Regional Director" means the Regional Director of Small Craft Harbours Branch of the Department of Fisheries and Oceans and any person he rias delegated to act on his behalf. It is agreed by and between the said parties hereto that these Presents are made and executed upon and subject to the covenants, provisoes, conditions and reservations hereinafter set forth and contained, namely: Purpose 1. a) The Agent shall use and occupy the said premises and carry out the management and operation of the said premises in accordance with the Fishing and Recreational Harbours Act and the Fishing and Recreational Harbours Regulations as amended from time to time, or any other applicable act or regulations enacted or made during the currency of this Agreement. b) Nothing in Clause No. la) hereof, shall relieve the Minister from discharging any of his duties under the said Fishing and Recreational Harbours Act and the said Fishing and Recreational Harbours Regulations. c) That the Minister shall supply to the Agent, one copy of the said Act and Regulations, as amended from time to time. To Pay Rent 2. That the Agent will pay all annual rental fees herein reserved at the time and in the manner in these Presents set forth, without any abatement or deduction whatever. Taxes 3. That the Agent will pay or cause to be paid all rates, taxes and assessments, of whatsoever description, that may at any time during the existence of these Presents be imposed, or become due and payable upon, or in respect of the said premises. Compliance 4. The Agent shall in all respects abide by and comply with all rules, with Law regulations and by-laws of municipalities and other governing bodies, in any manner affecting the said premises. Public Use 5. Subject to Clause No. 19 hereof, the Agent shall not interfere with the public use of the said premises during the currency of this Agreement; it being expressly understood and agreed, however, that the Agent may refuse the use of the said premises to any vessel on which tolls and dues are outstanding and the Agent may take all lawful action through Small Debts Court or otherwise to obtain payment of outstanding or overdue accounts. Access 6. a) That the Minister, his servants or agents shall, at all times and for the purpose of inspecting the said premises, have full and free access to any and every part of the said premises. b) The Minister shall, upon reasonable notice to the Agent, except in the case of an emergency, have full and free access to the said premises for the purposes of repairing and maintaining the said premises. Assisnment 7. That the Agent shall not make any assignment of these Presents, nor any transfer or sub-lease of any of the premises, rights or privileges demised or leased hereunder, without obtaining the prior consent in writing of the Minister to such assignment, transfer or sub-lease. 3. Repair and 8. That the Agent shall not, during the currency of this Agreement, do, Maintenance suffer or permit to be done any act or thing which may impair, damage or injure the said premises beyond the damage occasioned by reasonable use, and shall, at the Agent's own cost and expense, maintain and repair all portions of the said premises which may at any time become damaged, due to the negligence of the Agent, it's servants or agents. Care of 9. That the Agent shall, at its own cost and expense, at all times Property during the currency of this Agreement, keep the said premises in a neat and tidy condition, removing or causing to be removed therefrom all papers, refuse, litter, waste or rubbish arising out of the operations of the Agent under this Agreement, all to the satisfaction of the Regional Director. Improve- 10. That any improvements made to the said premises by the Agent at any ments time during the term of this Agreement, to make the said premises suitable for the purposes referred to in Clause No. 1 hereof, shall be at the risk, cost and expense of the Agent and to the satisfaction of the Regional Director. Construc- 11. That the Agent shall not construct or erect any buildings or other tion of structures on the said premises without obtaining the approval of the Regional Buildings or Director, of plans showing the design and nature of construction of such Structures buildings or structures and their proposed locations. Annoyance 12. That the Agent shall not, at any time during the currency of this Nuisance Agreement do, cause or permit to be done, any act or thing in or upon the said and premises which shall, or may be, or might become, an annoyance, nuisance or Disturbance disturbance to the occupiers of any lands or premises adjoining or in the vicinity of the said premises. Title 13. That it is hereby declared, and this Agreement is accepted by the Agent, upon the express condition that the Agent shall have no recourse against the Minister, should the Minister's title to the said premises be found to be defective, or should these Presents prove ineffectual by reason of any defect in such title. Claims and 14. That the Agent shall not have any claim or demand against the Damages Minister for loss, damage or injury of any nature whatsoever, or howsoever caused to the said premises or to any person or property, at any time brought, placed, made or being on the said premises unless such damage or injury is due to the negligence of any officer, servant, agent, contractor or sub-contractor of Her Majesty the Queen in right of Canada while acting within the scope of his duties. Indemni- 15. That the Agent shall at all times indemnify and save harmless the fication Minister from and against all claims and demands, loss, costs, damages, actions, suits or other proceedings by whomsoever made, brought or prosecuted, in any manner based upon, occasioned by or attributable to the execution of these Presents, or any action taken or things done or maintained by virtue hereof, or the exercise in any manner of rights arising hereunder, except claims for damage resulting from the negligence of any officer, servant, agent, contractor or sub-contractor of Her Majesty the Queen in right of Canada while acting within the scope of his duties. 4. Termination 16. That this Agreement may be terminated at any time: (a) By the Agent upon sixty days' notice in writing, such notice to be signed by the Agent and delivered to or mailed addressed to the Regional Director, Small Craft Harbours Branch, Department of Fisheries and Oceans, P.O. Box 85120, 3027 Harvester Road, Burlington, Ontario, L7R 4K3, or (b) By the Minister upon sixty days' notice in writing, signed by the Minister, and either delivered to the Agent or any officer of the Agent, or mailed addressed to the last known place of business or office of the Agent and thereupon, after the expiration of such period of notification, these Presents shall be determined and ended, and the Agent shall thereupon, and also in the event of the determination of this Agreement in any other manner, except re-entry under Clause No. 17 hereof, forthwith remove from the said premises all things at any time brought or placed thereon by the Agent and shall also to the satisfaction of the Regional Director repair all and every damage and injury occasioned to the said premises by reason of such removal or in the performance thereof, but the Agent shall not, by reason of any action taken or things performed or required under this clause, be entitled to any compensation whatever, provided that, unless required by the Minister no goods, chattels, materials, effects or things shall be removed from the said premises until all rent due or to become due under this Agreement is fully paid. Default 17. That, notwithstanding anything in this Agreement contained, if the rent above reserved or any part thereof, shall be in arrears or unpaid, whether or not the same shall have been in any manner demanded, or in case default, breach or non-observance be made or suffered by the Agent at any time or times, in, or in respect of any of the covenants, provisoes, conditions, and reservations herein contained, which on the part of the Agent ought to be observed and performed, then, and in every such case, provided such nonpayment of rent, default, breach or non-observance is not cured within thirty (30) days from the date of notice thereof in writing from the Minister to the Agent, the Minister may terminate this Agreement by giving to the Agent a notice in writing signed by the Minister, and either delivered to the Agent or any officer of the Agent, mailed addressed to the last known place of business or office of the Agent, and thereupon after the delivery or mailing of such written notification, this Agreement shall be determined and ended, and in that event, it shall be lawful for the Minister, his servants or agents, to re-enter and thereafter to have, possess and enjoy the said premises and all improvements thereon. And no acceptance of rent subsequent to any breach or default, other than non-payment of rent, nor any condoning, excusing or overlooking by the Minister on previous occasions of breaches or defaults similar to that for which re-entry is made shall be taken to operate as a waiver of this condition nor in any way defeat or affect the rights of the Minister hereunder. Hold over 18. Provided always and that it is hereby agreed by and between the parties hereto that if the said Agent shall hold over after the expiration of the term hereby granted, and the Minister shall accept rent, the new tenancy thereby created shall be a tenancy at will and not a tenancy from year to year, and the Agent shall pay as rent during the time of such occupancy a rental to be determined at the discretion of the Minister, and shall be subject to the covenants and conditions herein contained so far as the same are applicable to tenancy at will. 5. Tolls. Dues 19. That the Agent shall, during the currency of this Agreement, charge & Charges tolls or dues established under the authority of the Fishing and Recreational Harbours Act by regulations approved from time to time by the Governor in Council respecting the said premises. The Agent may collect additional reasonable charges for services such as electrical power outlets, water outlets, watchman services, etc. , provided at the Agent's expense for the benefit and use of the boating public using the said premises. Accounting 20. That during the currency of this Agreement, the Agent shall cause Records to be kept records of its operations hereunder, such records to be kept according to accepted principles of accounting, and the Agent shall supply to the Regional Director a certified statement for each accounting period during the currency of the Agreement. Audit 21. That the books of the Agent concerning the operation and management Inspection of the said premises, shall be open for audit and inspection at all times during business hours, by the accredited officers of the Minister. Pollution 22. That the Agent shall not place or deposit, or cause or permit to be placed or deposited, any fill, sand, gravel, detritus, waste, debris or other materials, articles or things on the said premises which may form a deposit thereon or therein without the prior consent, in writing, of the Regional Director. Service 23. That this Agreement is granted strictly subject to the right of the Reservation Minister and Lessees and Licensees of the Minister to maintain and operate services installed on the said premises at the date of this Agreement, and to the right of the Minister to grant leases or licences, as the case may be, at any time during the currency of this Agreement, covering the right and privilege or permission to install, lay, maintain and use services on, over or across the said premises and the agent shall not, at any time during the currency hereof, do anything or cause or permit anything to be done which will in any way interfere with the rights and privileges or permissions thereby granted, provided however, that such leases or licences will be granted subject to this Agreement and provided that the Lessees or Licensees thereunder shall not commence to exercise the rights and privileges or permissions thereby granted unless and until the consent in writing is first obtained from the Agent, and which consent shall not be unreasonably withheld. Concession 24. That no applications for permission to establish concessions of any kind shall be granted without the prior approval in writing of the Regional Director. Use by Agent 25. That in the event that any portions of the said premises are used for the purposes of the Agent, the Agent shall establish a market rental for such use and the Reddendum Clause shall be applied to such rental. Fire 26. That the Agent shall take all necessary precautions against fire Prevention occurring in or on the said premises. Navigable 27. That the Agent shall fulfill in all respects the requirements of Part Waters' I of the Navigable Waters' Protection Act, Chapter N-19 of the Revised Statutes Protection of Canada 1970. • 6. Members of 28. No Member of the House of Commons shell be admitted to any share or Parliament part of this Agreement or to any benefit to arise therefrom. Discrim- 29. That the Agent and any Sub-lessees shall not discriminate against ination any person by reason of race, colour or creed, in any manner whatsoever, pertaining to the operation and use of the said premises. IN WITNESS WHEREOF the parties hereto have executed these Presents the day and year first above written. SIGNED, SEALED, AND DELIVERED BY the Agent in the presence of: ) THE CORPORATION OF THE VILLAGE OF ) PORT BURWELL ) ) Witness )A g ) ent ) c/s ) SIGNED, SEALED, AND DELIVERED BY ) the Minister in the presence of: ) ) ) B.Z66 ) Witness For the Minister of Fisheries and Oceans l . , ,40,GOVERNMENT DD CU ERNENENT FISME RES PCCNES AND OCEANS ET OCEANS I SMALL CRAFT HARBOURS CA UT110g7 CENTRAL AND ARCTIC REGION THIS DRAWING NOT TOO ��- r p ME USED FOR DEFINING P /' 9� OFFICIAL •OUNDAR/ES h • • hi) �• RE3ov4L .Is 110054'JRE 900.596 I WATERLOT WITHIN BIG OTTER i } CREEK AND LAKE ERIE.PORT, S ; BURWELL,TOWNSHIP OF BAYWW, COUNTY OF ELGIN,PROVINCE OF ' 1 ONTARIO. • 1 COMPILED FROM PLAN 12154 / FROM DEPARTMENT OF TRANSPORT y j� I : DATED JULY 8, (O.L BY > C.D. JULY . 1964 B ORIGINAL } SCALE i' — 100'.ALSO COUPLED FROM PUN T521 DATED JANUARY 6, 1956 BY • 3 • C.O. COPELAND(O.L5).ORIGIN^. SCALE 1' -400'. § AL1 FARE ASTRONOMIC SNOROJNE _ ARE REF AND ARE REFERRED TO THE EASTEASTERN BOUNDARY OF LOT 12, CONCESSION I,TOWNSHIP OF } RAMAM,AS HAYING A BEARING } i OFN005a'7Ff E. &XiIIELL } .42) {6 A W D J k \,... j S1WLL CR^T NMBDIMS FROWN OUTLINED FAST PIER ,:'�11y.9A� • W RED. I MINIM '41E-11 I /-MIND'SUP 1wcNu 1 04/26/94 — J.D.C. I ...re pPIER IPR0ICM ye _ ,BIsT',?C .\•. I ••II. ... • ---�•' et, g. -'.` NEST 9RFAg9RER } �1W11 � OTTLN [REEK 1•�1' >S d N 1:4000 D BIG `' •jam y�3� } I 48 41 4_, MAIM T ' } £t( 'I -�` Pelf FAR1AEl1 N\ I WIDOW �.. a.Ir a./// . 5'OPATISM ISIN/e COMPILED PROPERTY PLAN S.M. G.T.B./F.H.S. .. r 02/20/91 06/08/94 LEGEND: YDERMA NIYYATgIML AO mom • ® � PORT BURWELL • �d.1 Sc/,EDUCE_ H IAREA OF SCH PROPERTY ,22.174x. 1 ~4766—PIC �-� 4766 THE CORPORATION OF THE t VILLAGE OF PORT BURWELL 4110141110.44 P.O. Box 10, Port Burwell, Ontario NO) I TO telephone (519) 874-4343 • fax (519) 874-4948 June 17, 1994 a Department of Fisheries and Oceans Box #85120 3027 Harvester Road Burlington ON L7R 4K3 Attention: Mr. Duane Blanchard Dear Mr. Blanchard Please find enclosed our By-Law 94-14, a by-law which authorizes the Reeve and myself to sign the contracts between the municipality and the Department of Fisheries and Oceans with regards to the lease of the harbour lands in Port Burwell, under the jurisdiction of the Department of Fisheries and Oceans. Please sign and return two copies to our office in order that we may file one with the by-law as well as one with our legal files. I trust that you will find the attached in order and if you should have any further questions please feel free to call. Sincerely yours I 4 i . Free, CET, AMCT(A) Jr • trator/Clerk-Treasurer Enols. Tom Nesbitt • Reeve David R. Free, CET,AMCT(A) • Administrator/Clerk-Treasurer Councillors • E. Epple, G. Loucks, C.Allis, J. Hevenor The Corporation of the Village of Port Burwell Post Office Box #10 21 Pitt Street Port Burwell, Ontario By-Law 94-15 Being a By-Law to authorize the Reeve and the Administrator/Clerk-Treasurer to enter into an agreement with Green Lane Environmental Group Limited and St Thomas Sanitary Collection Service Limited for the provision of Waste Management Services. WHEREAS Section 210 (89) of the Municipal Act R.S.O. 1990, Chapter M. 45 permits Councils of municipalities to pass by-laws to enter into agreements for contracting with any person for the collection, removal and disposal of garbage; AND WHEREAS the Council of the Village of Port Burwell deems it necessary to enter into an Agreement with Green Lane Environmental Group Limited and St Thomas Sanitary Collection Service Limited for collection, removal and disposal of garbage and for the collection of recyclable materials. THEREFORE THE COUNCIL OF THE VILLAGE OF PORT BURWELL ENACTS AS FOLLOWS. 1. THAT the Reeve and Administrator/Clerk-Treasurer be and are hereby authorized to execute and Agreement with Green Lane Environmental Group Limited and St Thomas Sanitary Collection Service Limited for the provision of waste management services. 2. THAT the said/Agreement is attached hereto as Schedule 'A' and forms a part of this by-law. 3. THAT this by-law shall come into full effect upon final passing. Read a first and sec ime • th da of June, 1994.. if -Al Air / nil Reeve Iled . • trator/Clerk-Treasurer � o I • Read a third time a • final • pass this 4th day of June, 1994. Reeve • .#inistrator/ClerkTreasurer 2 ILA N • L-4 Lc" ' 4ZA0k....) 5V-/S - THIS AGREEMENT made this day of J114/41. , 1994 . BETWEE N: THE CORPORATION OF THE VILLAGE OF PORT BURWELL hereinafter called the "MUNICIPALITY" , OF THE FIRST PART - and - GREEN LANE ENVIRONMENTAL GROUP LTD. and ST. THOMAS SANITARY COLLECTION SERVICE LIMITED hereinafter called the "CONTRACTOR" , OF THE SECOND PART WHEREAS the Contractor has been collecting waste within the territorial limits of the Municipality and transporting and disposing of the same; AND WHEREAS this collection, transportation and disposal service was carried out pursuant to an Agreement dated as of January 1 , 1979 which Agreement was frustrated prior to the expiration of its term by reason of the closure in September of 1991 of the Contractor's Green Lane Landfill Site in the Township of Southwold; AND WHEREAS after the closure of the Green Lane Landfill Site the Contractor continued to provide collection, transportation and disposal service on an ad hoc basis pending authorization to re-open the Green Lane Landfill Site; AND WHEREAS such service includes or is to include the curbside collection and separation of recyclables as part of a Class 1 curbside collection system under an agreement between the Ministry of the Environment and Energy and the Municipality, curbside collection of compostibles and the operation of a household hazardous waste depot; AND WHEREAS the parties have agreed upon the terms and conditions under which the Contractor shall continue to provide the waste management services, as aforesaid, within the territorial limits of the Municipality and to augment such waste management services by receiving for disposal at the Green Lane Landfill Site brush and "one-man" concrete rubble, asphalt and brick rubble and to further augment such waste management service with such on-going enhancements as may be negotiated between the parties during the term of this Agreement; c - 2 - NOW THEREFORE THIS AGREEMENT WITNESSETH that in consideration of the mutual covenants contained herein, the parties hereto covenant and agree as follows: DEFINITIONS 1 . In this Agreement , 1 . 1 "ashes" means the residue of any fuel after such fuel has been consumed by fire. 1 . 2 "Blue Box Agreement" means the Agreement in effect on the date of this Agreement between Her Majesty the Queen in Right of Ontario as Represented by the Minister of the Environment, as the Party of the First Part, and the Municipality, as the Party of the Second Part which provides for the Party of the First Part to contribute to the Municipality a portion of the Municipality's costs of a "blue box" curbside collection program. 1 . 3 "Certificate of Approval" means the Provisional Certificate of Approval issued by the Ontario Ministry of the Environment under the Environmental Protection Act R.S.O. 1990 , Chap. E. 19, as amended, in respect of the Green Lane Landfill Site by virtue of which the Contractor is permitted to resume waste disposal operations at the Green Lane Landfill Site. 1 .4 "Clerk" means the Municipality ' s Clerk for the time being or such person as is named by him or by the Council of the Municipality in writing. 1 .5 "Commencement Date" means the first ( 1") day of March, 1994 . 1 . 6 "commercial business" means a non-industrial business establishment located within the territorial limits of the Municipality and for the purposes of this Agreement all hospitals, libraries, churches and clubs so located and as well, all facilities owned and operated by or on behalf of the Municipality whether within or beyond the territorial limits of the Municipality shall be deemed to be commercial businesses. 1 . 7 "compostible material" includes all organic leaf and yard waste including mechanically chipped brush; all herbaceous kitchen waste, such as vegetable peelings and leaves; kitchen paper waste, such as box board and - 3 - waxed papers; cereals; hair; egg shells; and coffee grounds. 1 . 8 "dwelling unit" means one or more habitable rooms occupied by an individual or family as an independent and separate housekeeping establishment. 1 . 9 "force majeure" means an occurrence beyond the reasonable control of the party claiming suspension of an obligation hereunder, which has not been caused by such party's negligence and which such party was unable to prevent or provide against by the exercise of reasonable diligence at a reasonable cost and includes , without limiting the generality of the foregoing, an act of God, war, revolution, insurrection, blockage, riot, strike, a lockout or other industrial disturbance, fire, lightning, unusually severe weather, storms, floods, explosion, accident, shortage of labour or materials or government restraint, action, delay or inaction. 1 . 10 "garbage" includes all rejected, abandoned or discarded inert rubbish including recyclable hard plastic, plastic bags, waste kitchen wrappers, crockery, bones , oils, gravy, fats and waste cooked food; unused clothing; Christmas trees; furniture; fill; broken plaster, treated lumber, and other non-recyclable material from building alterations or repairs where such waste results from alterations or repairs to a single family dwelling performed by the owner or occupant thereof . 1 . 11 "Green'Lane Landfill Site" means that landfill waste disposal site located on Part of Lots 21, 22 and 23, Concession III , in the Township of Southwold, in the County of Elgin which is regulated under Provisional Certificate of Approval No. A051601 issued by the Ontario Ministry of the Environment under the Environmental Protection Act R.S.O. 1990 , Chap. E. 19, as amended. 1 . 12 "multiple dwelling" means a residential building which contains more than one ( 1 ) dwelling unit. 1. 13 "Previous Agreement" means the above recited Agreement made between the parties hereto and dated as of January 1, 1979 pursuant to which the Contractor - 4 - previously collected waste from within the territorial limits of the Municipality. 1 . 14 "recyclable material" includes all washed, rinsed and delabelled glass bottles, food cans and beverage cans; uncontaminated newspapers, inserts, circulars, magazines, telephone directories, household and office papers and mail; clean and flattened cardboard; and m"respuisdaeopal edbnwgi"tmhleeae. 1 . 15 nits hea r bua il"d1i"nog r caont"a2i"niinng a one ( 1) or more dwellig units which is located within the territorial limits of the Municipality. 1 . 16 "school" means an elementary or secondary school located within the territorial limits of the Municipality that is under the jurisdiction of the Elgin County Board of Education or of the Elgin County Roman Catholic Separate School Board. 1 . 17 "single-family dwelling" means a residential building which contains not more than one ( 1 ) dwelling unit. 1 . 18 "waste" means all waste generated, produced or created within the territorial limits of the Municipality or by any facility owned and operated by or on behalf of the Municipality outside of such territorial limits and includes ashes and garbage so generated, produced or created but excludes: 1. 18 . 1 compostible material; 1 . 18 .2 recyclable material; 1. 18 . 3 explosive or highly combustible material of any nature; 1. 18 .4 car bodies; 1 . 18.5 sheet iron and scrap metal; 1 . 18.6 tree stumps and trees having a diameter greater than ten ( 10" ) inches or a length greater than four (4 ' ) feet; 1. 18 . 7 any corrosive or toxic material; 1. 18 . 8 any carcasses of animals; 1 . 18 . 9 liquid waste; 1. 18 . 10 waste of any nature and kind as is now or may hereafter at any time be prohibited for disposal at the Green Lane Landfill Site by reason of any statute or regulation of the Province of Ontario now or hereafter enacted, promulgated or amended. 4 - 5 - WORK TO BE PERFORMED AND FREQUENCY 2 . Commencing on the Commencement Date and ending on the fifth (5th) anniversary of the Commencement Date, the Contractor agrees to perform the following work: 2 . 1 The Contractor shall collect, transport and dispose of wastes in accordance with the terms and conditions of this Agreement and such service shall consist of the pick-up of the waste of each residential building and of each commercial business where: 2 . 1. 1 the waste, in the case of a single-family dwelling, is placed adjacent to the travelled portion of the assumed public street upon which such dwelling fronts; or 2 . 1 .2 the waste, in the case of a multiple dwelling with less than seven ( 7 ) dwelling units, is placed adjacent to the travelled portion of the assumed public street upon which it fronts or at such other readily accessible place as is designated by the Clerk; or 2 . 1 . 3 the waste, in the case of a commercial business, is placed adjacent to the travelled portion of the assumed public street upon which it fronts or adjacent to an accessible lane or alley servicing the premises; or 2 . 1 .4 the waste, in the case of a dwelling unit in a commercial building which has less than three ( 3 ) dwelling units, is placed adjacent to the travelled portion of the assumed public street upon which the commercial building fronts or adjacent to an accessible lane or alley servicing the commercial building; and where such waste: 2 . 1.5 is in a garbage can or cans with conveniently located handles, the volume of each of which is not more than two ( 2 ft') cubic feet and the weight or the waste in each can is not more than seventy-five (75 lbs) pounds, or 2 . 1 . 6 is in a securely tied plastic bag or bags and the contents of each of such bags does not exceed two - 6 - ( 2 ft') cubic feet in volume or seventy-five ( 75 lbs) pounds in weight, or 2 . 1 . 7 is in a securely tied bundle or bundles, each of which is not heavier than seventy-five ( 75 lbs) pounds and the longest dimension of which is not more than four (4 ft) feet; but, save as hereinafter provided, the Contractor shall not be required to collect hereunder, 2 . 1 . 8 from a multiple dwelling which contains seven ( 7 ) or more dwelling units, or 2 . 1 .9 in the case of a multiple dwelling which contains less than seven ( 7 ) dwelling units, more than a total of six (6 ) of such cans, bags or bundles per dwelling unit therein per pick-up, or 2 . 1 . 10 from a multiple dwelling development on property under common ownership which has seven (7 ) or more dwelling units unless they all front on an assumed public street, or 2 . 1 . 11 in the case of a multiple dwelling development which has less than seven ( 7 ) dwelling units on property under common ownership or which has dwelling units which all front on an assumed public street, more than a total of six ( 6 ) of such cans, bags or bundles per dwelling unit therein per pick-up, or 2 . 1. 12 f,rom a dwelling unit in a commercial building which has seven ( 7 ) or more dwelling units, or 2 . 1 . 13 in the case of a commercial building which has less than seven (7 ) dwelling units, more than a total of six ( 6) of such cans, bags or bundles per dwelling unit therein per pick-up, or 2 . 1. 14 in the case of each commercial business, more than a total of fourteen ( 14 ) of such cans, bags or bundles per pick-up, or 2 . 1. 15 in the case of each single-family dwelling, more than a total of six ( 6) of such cans, bags or bundles per pick-up; - 7 - and such service shall be provided to each residential building and to each commercial business once every two (2 ) weeks during the term of this Agreement. 2 .2 The Contractor shall carry out a class 1 Blue Box curbside collection programme having regard for the Blue Box Agreement and shall collect, transport, process and market recyclable materials so collected and the following provisions shall apply to that class 1 Blue Box curbside collection programme: 2 . 2 . 1 In carrying out the said class 1 Blue Box curbside collection programme, the Contractor shall include in the collection programme the collection of recyclable material from multiple dwellings having more than seven (7 ) dwelling units, notwithstanding that the Contractor is not required to collect, transport and dispose of waste from such multiple dwellings pursuant to paragraph 2 . 1 of this Agreement. 2 . 2 . 2 The said class 1 Blue Box curbside collection of recyclable material will occur on the same day as regular garbage collection "beats" on a bi-weekly basis, with the collection of compostibles occurring bi-weekly in the off week when regular garbage collection does not occur. 2 . 2 . 3 When collecting waste from commercial businesses as required by paragraph 2. 1 of this Agreement, the Contractor will also collect without any additional charge to the Municipality or to the commercial business all recyclable material which has been placed for collection in accordance with said paragraph 2 . 1 . 2 . 3 The Contractor shall cooperate with the Municipality in any initiative which the Municipality may take to encourage the segregation of waste for separate pick-up and, in that connection, refrain from collecting for transportation and disposal such wastes as the Clerk may designate in writing from time to time notwithstanding that the Contractor is otherwise required to collect the same pursuant to paragraph 2 of this Agreement. 2 .4 Upon the written request of the Clerk, and after settling a mutually acceptable additional charge for G • - 8 - doing so, the Contractor shall, collect for transportation and disposal wastes that have been segregated for separate pick-up as contemplated in paragraph 2 . 3 of this Agreement . 2 . 5 The Contractor shall cooperate with the Municipality in any initiative which the Municipality may take to encourage industry and commercial operations to segregate and recycle waste, including assisting the Municipality to identify generators of wastes which, if separated, could be recovered and recycled. PAYMENT OF ANNUAL CONTRACT PRICE 3 . For the performance of the work required by this Agreement, the parties agree that, subject to increases or decreases as provided for in this Agreement, the Contractor shall be paid therefor as follows: 3 . 1 The Municipality agrees to pay the Contractor during the term of this Agreement at the rate of $105 .00 per household times (x) the number of households in the Municipality per year and being in the first year of this Agreement the sum of FORTY-FIVE THOUSAND, TWO HUNDRED AND FIFTY-FIVE ( $45, 255 .00 ) DOLLARS per year but such annual contract price shall be increased or decreased at the end of each contract year of the term of this Agreement by an amount calculated in accordance with the following formula: Latest CPI - May 1997 CPI Latest Population - 1992 Population $45,255.00 a C May iii] cPr 1192 Population and for the purposes of this paragraph 3. 1, 3 . 1 . 1 "Latest CPI" and "Latest Consumer Price Index" means the "all items" Consumer Price Index ( 1986 = 100) for December of the year of the calculation as published by Statistics Act; 3 . 1 .2 "Latest population" means the number of households within the territorial limits of the Municipality as established by the local regional assessment office of the Ministry of Revenue as delivered to the Municipality on the first day of November in the year preceding the year to which the • - 9 - ' calculation relates unless the population for such preceding year is not so established in which case the population shall be estimated on a reasonable basis by the Municipality's Clerk having regard to the population for the preceding five ( 5 ) years and any extraordinary circumstances such as an annexation or a significant immigration to or emigration of persons residing within the territorial limits of the Municipality; 3 . 1 . 3 " 1992 Population" means the population residing within the territorial limits of the Municipality as established by the said Ministry as delivered to the Municipality as of November 1 , 1992 ; 3 . 1 . 4 The parties agree that the Consumer Price Index for May of 1993 was 130 . 1 and that the population as of November 1, 1992 was FOUR HUNDRED AND THIRTY-ONE (431) households; and 3 . 2 During the first year of the term of this Agreement, the Municipality shall pay the Contractor the sum of THREE THOUSAND, SEVEN HUNDRED AND SEVENTY-ONE DOLLARS AND TWENTY-FIVE CENTS ($3, 771 . 25 ) on the Fifteenth ( 15`") day of each month. In addition, there shall be paid to the Contractor, on or before the fifteenth ( 15`") day of the third month of the second year of this Agreement, the amount by which the annual contract price calculated pursuant paragraph 3 . 1 for the first year exceeds the sums of money actually paid in the first year. If the payments made in the first year exceed the annual contract price, the amount of such excess shall be deducted from the payment due to the Contractor in the third month of the second year. 3 . 3 During the second year of this Agreement, the Municipality shall pay to the Contractor: 3 . 3 . 1 On the fifteenth ( 15tb) days of the first two (2 ) months of the second year, one twelfth ( 1/12 ) of the annual contract price; and 3. 3.2 On the fifteenth ( 15") day of each month for the balance of the second year, an amount equal to one twelfth ( 1/12) of the annual contract price payable during the first year; and - 10 - 3 . 3 . 3 On the fifteenth ( 15") day of the third month of the second year, a payment of twice the amount, if any, by which the monthly payments in paragraph 3 . 3 . 2 exceed the monthly payments in paragraph 3 . 3 . 1 . In addition, the Municipality shall pay to the Contractor on or before the fifteenth ( 15") day of the third month of the third year the amount by which the annual contract price calculated pursuant to paragraph 3. 1 for the second year exceeds the sums of money actually paid in the second year. If the payments made in the second year exceed the annual contract price calculated pursuant to paragraph 3 . 1 for the second year, the amount of such excess shall be deducted from the payment due to the Contractor in the third month of the third year. 3 .4 The payments for the third, fourth and fifth years of the term of this Agreement shall be made in accordance with paragraph 3. 3, mutatis mutandus . 3.5 Before making any payment for the work to be performed pursuant to this Agreement, the Municipality may require the Contractor to satisfy the Municipality that all claims against the Contractor for labour, materials, things hired or supplied upon or for such work, have been paid or satisfied, or if any such valid claims are found to exist, may pay such sum and the Contractor shall reimburse the Municipality for such payment within two days, or the Municipality may, at its option, withhold from the payment due, sufficient amounts to satisfy such valid claim or claims . CONTRACTORS ' COVENANTS 4 . The Contractor covenants and agrees with the Municipality as follows: 4 . 1 The Contractor shall, at its expense, provide sufficient personnel, trucks and equipment to collect, transport and dispose of all waste, compostible material and recyclable materials required to be collected by it pursuant to this Agreement. 4 . 2 In collecting and transporting such waste, compostible material and recyclable materials, the Contractor shall, at its expense, use trucks mounted on an - 11 - adequate chassis and provided with fully enclosed steel bodies with machinery capable of packing and unloading such material . 4 . 3 The Contractor shall , at its expense, be responsible for the maintenance and repair and all operating costs of the trucks and equipment used in collecting, transporting and disposing of such waste, compostible material and recyclable materials, including the necessary licenses, insurance and fuel. 4 . 4 The Contractor shall, at its expense, maintain all trucks and equipment used in collecting or transporting such waste, compostible material and recyclable materials in a clean condition. 4 . 5 The Contractor shall, at its expense, ensure that each of its employees has a neat and clean appearance while collecting or transporting waste, compostible material and recyclable materials within the territorial limits of the Municipality. 4 . 6 The Contractor shall , at its expense, submit to the Clerk for his or her approval, a complete programme for the bi-weekly collection and transportation of waste, compostible material and recyclable materials throughout the territorial limits of the Municipality in a manner consistent with the recycling programmes referred to in paragraph 2 of this Agreement. 4 . 7 The Contractor shall, at its expense, obtain the approval of the Clerk for all changes in the collection schedule prior to making any changes. 4 . 8 The Contractor shall , at its expense, advertise all changes in schedules approved by the Clerk in a newspaper having general circulation within the territorial limits of the Municipality. 4 . 9 The Contractor shall, at its expense, make all collections which fall on statutory holidays on the following day or at another time satisfactory to the Clerk. 4 . 10 The Contractor shall , at its expense, make any special collection required by the Municipality upon mutually agreed to terms and conditions. - 12 - 4 . 11 The Contractor shall, at its expense, return each garbage can, Blue Box and compost container to the place where it was found after collecting the material from it . 4 . 12 The Contractor shall, at its expense, pay for any damage caused by the Contractor or by its servants or workmen to any garbage can or Blue Box or compost container in which material is placed for pick-up pursuant to this Agreement. 4 . 13 The Contractor shall , at its expense, operate during the term of this Agreement its existing transfer station site on Highway 19, in the South part of Lot 16, Concession 5, in the Township of Bayham (being PARTS 1 and 2 , on Reference Plan 11R-3883 ) which will include a roll off recycling depot, a scrap steel container and two containers for wood chips from old lumber, garden waste, wax paper cartons and similar material and the following provisions shall apply in relation to the transfer station: 4 . 13. 1 The Contractor shall accept for disposal all waste, except concrete rubble, brought to such transfer station on Mondays, Wednesdays and Fridays of each week during the term, of this Agreement, except statutory holidays, between the hours of 8 :00 a.m. and 5 :00 p.m. and, subject to any different arrangement which may be mutually agreed upon with the Clerk. 4 . 13.2 Charges to be paid by the Municipality to the Contractor for such disposal from the transfer station shall be at the rate of SIXTY-FIVE ( $65 . 00) DOLLARS per ton or part thereof which disposal charges are to be shared with The Corporation of the Township of Bayham (hereinafter referred to as the "Township of Bayham" ) and The Corporation of the Village of Vienna (hereinafter referred to as the "Village of Vienna" ) in the same proportion as the number of households in their respective municipalities in 1992 ; and commencing on the first anniversary of the Commencement Date and on each anniversary date thereafter, the rate prescribed in this paragraph 4 . 13 . 2 shall be either increased or decreased and rounded to the nearest five ( 5C) cents in the same proportion and in accordance with the same - 13 - calculation by which the annual contract price is adjusted in accordance with paragraph 3. 1 of this Agreement but before the Contractor may implement any increase, the Contractor shall give to the Municipality at least thirty ( 30) days ' prior written notice thereof . 4 .13 . 3 For the purposes of the sharing of the disposal charges as contemplated in paragraph 4 . 13 .2 , the apportionment thereof shall be based on the 1992 number of households in each municipality which the parties agree are as follows: Bayham Township 1 ,444 households Village of Port Burwell 431 households Village of Vienna 163 households; so that the Municipality shall pay to the Contractor 21% of the per ton disposal charge for all waste received at such transfer station and the Contractor will look to the Township of Bayham for a 71% portion of each per ton disposal charge and to the Village of Vienna for an 8% portion of each per ton disposal charge. 4 . 13 . 4 The Contractor shall, at its expense, remove the waste placed in such transfer station, daily, but if the removal on that basis is insufficient to normally accommodate such waste, the Contractor shall provide a larger or additional containers or remove the contents more frequently. 4 . 14 The Contractor shall, at its expense, operate in conjunction with its transfer station located on Highway 19, in the South part of Lot 16, Concession 5 , in the Township of Bayham (being PARTS 1 and 2 , on Reference Plan 11R-3883) Southwold Street in the Township of Yarmouth a household hazardous waste depot both under the authority of and in accordance with the Certificate of Approval and also under the authority of and in accordance with Certificate of Approval No. A051708 issued to the Municipality under the Environmental Protection Act R.S.O. 1990, Chap. E . 19, as amended, and the following provisions shall apply to the operation of such household hazardous waste depot : 4 . 14 . 1 The Contractor shall operate the household hazardous waste depot and provide the services of - 14 - a qualified, trained receiver of hazardous waste on a Monday and Tuesday in May of each year during the term of this Agreement, which Monday and Tuesday shall be determined by agreement between the Contractor and the Clerk and the dates of which will be adequately announced, between the hours of 8 : 00 a.m. and 12 : 00 p.m. , subject to any different arrangement which may be mutually agreed upon with the Clerk. 4 . 15 The Contractor shall accept for disposal at the Green Lane Landfill Site, all waste from the Municipality's present and future operations, including building demolition materials, if lawfully permitted for disposal at the Green Lane Landfill Site, for a charge by the Contractor to the Municipality for such disposal service at the rate of SIXTY-FIVE ( $65 .00 ) DOLLARS per ton or part thereof; and commencing on the first anniversary of the Commencement Date and on each anniversary date thereafter, the rate prescribed in this paragraph 4 . 15 shall be either increased or decreased and rounded to the nearest five (50) cents in the same proportion and in accordance with the same calculation by which the annual contract price is adjusted in accordance with paragraph 3 . 1 of this Agreement but before the Contractor may implement any increase, the Contractor shall give to the Municipality at least thirty ( 30 ) days ' prior written notice thereof . 4 . 16 Notwithstanding the charges contemplated by paragraph 4 . 15, without charge to the Municipality, the Contractor will accept for chipping at the transfer station referred to paragraph 4 . 13 all yard waste, brush and tree cuttings from the Municipality's present and future operations so long as the same are delivered to the said transfer station between the hours of 8: 00 a.m. and 4 : 00 p.m. on Mondays through Saturdays , except statutory holidays, or such other times as may be mutually agreed upon with the Clerk. 4 . 17 The Contractor shall, at its expense, transport, process, market and dispose of all material collected by the Contractor in accordance with this Agreement . 4 . 18 The Contractor shall ensure that someone in the Contractor's employ who is satisfactory to the Clerk will be available to receive instructions from those c - 15 - designated by the Municipality and to receive all complaints and that such person will take appropriate action in respect of such instruction or complaints in keeping with the terms of this Agreement. 4 . 19 The Contractor shall, at its expense, ensure that all work and things required to be done by it under this Agreement shall be supervised by it and performed in a manner satisfactory to the Municipality. 4 . 20 The Contractor shall render reasonable assistance to the Municipality in completing authorized governmental questionnaires by providing such information as is reasonably available to the Contractor concerning the collection, transportation and disposal of waste pursuant to this Agreement. 4 .21 The Contractor shall, at its expense, comply with all provincial statutes and regulations in the collection, transportation and disposal of waste collected within the territorial limits of the Municipality. 4 .22 The Contractor shall upon written request, collect, transport and dispose of waste and recyclable material and campostible material in excess of the amount for which collection service is provided under this Agreement for a charge not to exceed those specified in paragraph 6 of this Agreement for such service. 4.23 The Contractor shall accept for disposal at a disposal rate not exceeding SIXTY-FIVE ($65.00) DOLLARS per ton or part thereof waste generated by an industry located within the territorial limits of the Municipality provided that such waste 4.23. 1 is brought to the Green Lane Landfill Site In a suitable vehicle and in loads of not less than ter, ( 10 yd') cubic yards or three (3) tons, which ever is less, and 4.23.2 is produced within the territorial Limits of the Municipality; and commencing on the first anniversary of the Commencement Date and on each anniversary data thereafter, the rate prescribed in this paragraph 4.23 shall be eitber increased or decreased and rounded to the nearest five (SC) cents in the same proportion anc .ice._.,._.. .,..,. ..,.. .. • • - 16 - in accordance with the same calculation by which the annual contract price is adjusted in accordance with paragraph 3 . 1 of this Agreement but before the Contractor may implement any increase, the Contractor shall give to the Municipality at least thirty ( 30) days ' prior written notice thereof . CONTRACTOR COVENANTS 5 . The Contractor covenants and agrees that, in providing such collection, transportation and disposal service, it shall not: 5 . 1 use open bodied vehicles for transferring or transporting garbage within the territorial limits of the Municipality; 5 . 2 permit advertising of any kind on any of its trucks and equipment except the name of the Contractor or its trade name or its address ; 5 . 3 make any collection on Sundays or on Christmas and New Years days; or 5 . 4 make any charge for such collection, transportation and disposal of waste, except as provided in this Agreement. ADDITIONAL CHARGES 6 . The parties further agree as follows : 6 . 1 where, during the term of this Agreement, a person or corporation, from whom, in accordance with paragraph 2 of this Agreement, the Contractor is required to collect waste, has waste in excess of that so required to be collected, the Contractor shall not charge in excess of TWENTY-ONE ( $21 .00 ) DOLLARS per cubic yard or part thereof to collect, transport and dispose of such excess and such rate shall apply whether or not the Contractor provides a waste disposal container to facilitate the collection of the waste; 6 . 2 where, during the term of this Agreement, a commercial business from which, in accordance with paragraph 2 of this Agreement, the Contractor is required to collect waste or recyclable material or compostible material, has waste, recyclable material or compostible material - 17 - in excess of that so required to be collected by the Contractor under this Agreement, the Contractor shall provide for the handling of such excess upon the occupant of such commercial business premises executing an agreement in substantially the form of that attached hereto and marked as Schedule "A" to this Agreement; 6 . 3 where the Contractor on request places a waste disposal container within the territorial limits of the Municipality or at any facility owned and operated by or on behalf of the Municipality outside the territorial limits of the Municipality, the charge for the use of such container and for the disposal of the waste collected in it shall, during the term of this Agreement, not exceed, without the consent by resolution of the Council of the Municipality, the rates set forth in Schedule "B" to this Agreement; and where a person or corporation from whom, in accordance with paragraph 2 of this Agreement, the Contractor is required to collect waste, contracts with the Contractor for such a waste disposal container and does not use the collection service as provided in paragraph 2 of this Agreement, then the maximum rates set forth in Schedule "B" to this Agreement shall be reduced by ten ( 10%) percent of the rate charged for one weekly pick-up of such containers; 6 .4 commencing on the first anniversary of the Commencement Date and on each anniversary date thereafter, the rates prescribed in clauses 6 . 1 and 6 .3 of this Agreement and in the commercial business agreements entered into as contemplated in clause 6 . 2 shall be either increased or decreased and rounded to the nearest five (5C) cents in tOe same proportion and in accordance with the same calculation by which the annual contract price is adjusted in accordance with paragraph 3. 1 of this Agreement but before the Contractor may implement any increase, the Contractor shall give to the Municipality at least thirty ( 30) days ' prior written notice thereof . WORKER'S COMPENSATION 7 . The Contractor shall at all times pay or cause to be paid any assessment or compensation required to be paid pursuant to the Worker's Compensation Act , and upon failure to do so, the Municipality may pay such assessment or compensation to the Worker's Compensation Board and may thereafter deduct • - 18 - such sums from any moneys then payable to the Contractor or recover such sums from the Contractor. The Contractor shall, at the time of the execution of this Agreement with the Municipality, make a statutory declaration that all assessments have been paid and the Municipality may, at any time during the performance or upon the completion of this Agreement, require a further declaration that such assessments or compensation have been paid. INSURANCE 8 . Upon the execution of this Agreement, the Contractor shall provide the Municipality at the Contractor' s expense with 8 . 1 a policy from an insurance company approved by the Municipality and authorized to carry on business in Canada which policy shall 8 . 1 . 1 name the Contractor and the Municipality as insured, 8. 1.2 insure the Contractor and the Municipality against all claims and demands resulting from or in any way connected with the execution of this Agreement by the Contractor, and 8 . 1 . 3 have an inclusive limit at least equal to two million ($2, 000, 000. 00) dollars and which policy shall remain in force during the term of this Agreement; 8 . 2 a policy from an insurance company approved by the Municipality and authorized to carry on business in Canada which policy shall 8 . 2 . 1 insure the Contractor against liability from bodily injury and property damage caused by vehicles owned by the Contractor and used in connection with the work required to be performed pursuant to this Agreement and against liability for bodily injury and property damage caused by vehicles not owned by the Contractor but used in connection with such work, and 8.2 . 2 have an inclusive limit of at least two million ($2, 000,000.00) dollars and which policy shall remain in force during the term of this Agreement . - 19 - INDEMNIFICATION OF MUNICIPALITY 9 . The Contractor covenants and agrees to indemnify and save harmless the Municipality and each of its officers, servants and agents from and against all actions, suits, claims, executions and demands which may be brought against or made upon the Municipality, its officers, servants and agents and from all losses, costs, charges, damages, liens and expenses which may be paid, sustained, or incurred by the Municipality, its officers, servants and agents by reason of or on account of or in consequence of the execution and performance of the work or the non-execution or imperfect execution and performance thereof or of a supplier, and or non-supply of plant or material therefor; and the Contractor covenants and agrees to pay to the Municipality on demand, all such losses and costs, charges, damages, liens or expenses which may be paid, sustained or incurred by the Municipality or by any of its officers, servants or agents in consequence of any such action, suit, claim, lien, execution or demand, and any moneys paid or payable by the Municipality or any of its officers, servants or agents in discharge thereof or on account thereof ; and the Contractor covenants and agrees that in default of such payment all such losses and costs, charges, damages, liens and expenses , and any moneys so paid or payable by the Municipality, its officers, servants, or agents, and also any moneys payable by the Contractor under any of the terms and conditions of this Agreement may be deducted from any moneys of the Contractor then remaining in the possession of the Municipality on account of this or any other contract or may be recovered from the Contractor; and the Municipality hereby authorizes and empowers the Contractor or its Solicitors for the time b9ing to defend, settle or compromise any such actions, suits, claims, liens, executions or demands as the Contractor, or its Solicitors may deem expedient, and also hereby agrees to ratify and confirm all the acts of the Contractor and its Solicitors in that behalf , provided that if the Contractor does not take up such defence and pursue it with diligence, then, upon notice to the Contractor, the Municipality may defend and, in such circumstances , the Contractor hereby authorizes and empowers the Municipality or its Solicitor for the time being, to defend, settle or compromise any such actions, suits claims, liens, executions or demands as the Municipality or its said Solicitor may deem expedient, and also hereby agrees to ratify and confirm all acts of the Municipality or its Solicitor in that behalf and to pay the said Solicitor on demand his reasonable cost of defending, F - 20 - settling or compromising any such actions, suits, claims, liens, executions or demands as the Municipality may deem it expedient to defend, settle or compromise, and in default of such payment, the same may be deducted from any moneys payable by the Municipality to the Contractor on any account whatsoever. DEFAULT 10 . If the Contractor shall neglect or refuse to do any of the works herein required to be performed by it, or if it becomes bankrupt or insolvent, or compounds with its creditors, or commits any act of bankruptcy or shall transfer, assign, or sublet or attempt to transfer, assign or sublet this Agreement, or any part thereof, or any rights thereunder without the consent of the Municipality; or if at any time such work, or any part thereof is, in the judgment of the Council of the Municipality, not executed or not being executed in a sound and workmanlike manner to its satisfaction and in all respects in strict conformity with this Agreement, or if the Contractor shall refuse or neglect to alter any defective or unsatisfactory work, or to comply with any order which it might receive from the Council of the Municipality, or if the Contractor shall persist in the Breach of any of the provisions of this Agreement, then, and in each and every such case, after twenty-four ( 24 ) hours written notice from the Council of the Municipality to the Contractor, the Council of the Municipality shall have the full right and power, at its discretion, without process or action at law, to take the whole of such work, or any parts thereof specified in the said notice, out of the hands of the Contractor and the Contractor, upon receiving notice to that effect shall give up the said work, or the part or parts thereof, specified in the said notice, peaceably to the Municipality, which may either re-let the same to any other person or persons with or without its being previously advertised or may employ workmen and provide materials, tools, transportation and all other necessary things at the expense of the Contractor, or may take such other steps as it, the Municipality, may consider necessary or advisable in order to secure the completion of the said work, to the Municipality's satisfaction; and the Contractor in every case shall be liable for all damages, expenditures, and extra expenditures for all additional cost of such work which may be incurred by reasons thereof, and the same may be deducted from any moneys owing to the Contractor or may be collected from the Contractor by the Municipality. The fulfilment by the Contractor of any provision of this - 21 - Agreement may be enforced by legal proceedings and judgment, or order of a Court, without prejudice to any other remedy herein contained. When such work, or any part thereof, is taken out of the hands of the Contractor as herein provided, it shall in no way affect the relative obligations of the Municipality and the Contractor in respect of its obligation, or in respect of the remainder of such work, if any. If any balance of the money payable by the Municipality hereunder, shall remain in the hands of the Municipality upon the expiration of this Agreement, the same shall be payable to the Contractor or the person legally representing it; but neither the Municipality nor any officer thereof shall be liable or accountable to the Contractor in any way for the manner in which, or at the price at which the said work, or any portion thereof may have been or may be done or completed by the Clerk. Payment for any portion of the work called for by the Contractor, shall not be deemed to be a waiver by the Municipality of the right to abrogate this Agreement for abandonment, delay or any other reason hereinbefore provided. NOTICE TO CONTRACTOR 11 . Any notice or communication to the Contractor shall be deemed to be well and sufficiently given and served if handed to any officer, clerk or agent of the Contractor, or if mailed to the Contractor by prepaid registered mail addressed to it at Green Lane Environmental Group Ltd. and St. Thomas Sanitary Collection Service Limited, Post Office Box P.O. Box 589, St. THOMAS, Ontario N5P 4B1 or to such other address as may hereafter be specified. Where notice is given by registered mail, it shall be deemed to have been received on the fourth ( 4t°) business day after it is mailed unless postal employees at the point of mailing or at the point of delivery are on strike at any time during the four business days following the time of mailing in which event it shall be effective when delivered to the addressee. In any notice to the Contractor in respect of any work of any nature required to be done under any of the provisions of this Agreement, or of any other matter, it shall not be obligatory upon the Municipality to specify minutely or in detail everything required, nor as to the precise place or places where the work may be defective or F - 22 - faulty, or where any of the requirements of this Agreement have not been observed; but a reference in such notice to the clause or clauses bearing upon the matter and a description of the locality in general terms and sufficiently clear to indicate where the defect or trouble exists, shall be deemed to be and shall be ample notice. OVERHOLDING 12 . At any time prior to the expiration of the five ( 5) year term of this Agreement, either party may give notice to the other that it desires to enter into negotiations for a renewal of this Agreement upon such terms and conditions as may be agreed upon. Until such renewal has been settled, notwithstanding the expiration of the five ( 5 ) year term of this Agreement, if and so long thereafter as the Green Lane Landfill Site remains eligible to receive for disposal waste that is generated from within the territorial limits of the Municipality, the terms and conditions of this Agreement shall continue with all appropriate adjustments of language and to the annual contract price as may be required. If a renewal has not been settled by the time of the expiration of the term of this Agreement, thereafter either party may terminate the continuation of this Agreement by giving to the other party six ( 6 ) months ' notice to that effect. ASSIGNING 13 . The Contractor shall keep the work under its direct control, and shall not assign, transfer or sublet any portion without first obtaining the written consent of the Municipality. The consent of the Municipality to any such assignment, transfer or subletting shall not, however, relieve the Contractor of any responsibility for the proper execution and completion of the work according to the terms and conditions 'of this Agreement; and the Contractor shall either in person or through an accredited agent, receive all notices, communications, orders, instructions or legal service, as if it were performing the work with its own plant and its own men. INVALIDITY 14 . The invalidity of any particular provision of this Agreement shall not affect any other provision of it, but this Agreement shall be construed as if the invalid provision had been omitted. - 23 - FORCE MAJEURE ' 15 . The parties further agree as follows: 15 . 1 if any party is prevented by force majeure from fulfilling any obligations hereunder, the obligations of the party, in so far only as its obligations are affected by the force majeure, shall be suspended while the force majeure continues to prevent the performance of such obligation and for that time thereafter as that party may reasonably require to commence to fulfil such obligation. A party prevented from fulfilling any obligation by force majeure shall promptly give the other party notice of the force majeure and the affected obligations, including reasonably full particulars in respect thereof; 15 . 2 the party claiming suspension of an obligation as aforesaid shall promptly remedy the cause and effect of the applicable force majeure, in so far as it is reasonably able to do so, and such party shall promptly give the other party notice when the force majeure ceases to prevent the performance of the applicable obligation. However, the terms of settlement of any strike, lockout or other industrial disturbance shall be wholly in the discretion of such party, notwithstanding subparagraph 1 . 9 of this Agreement, and that party shall not be required to accede to the demands of its opponents in any strike, lockout or industrial disturbance solely to remedy promptly the force majeure thereby constituted; and 15 . 3 notwithstanding anything contained in this paragraph 15, lack of finances shall not be considered a force faajeure, nor shall any force majeure suspend any obligation for the payment of money due hereunder. ENTIRE AGREEMENT 16 . This Agreement constitutes the entire understanding, contract and agreement between the parties hereto and supersedes all prior oral or written undertakings, agreements or contracts, formal or informal between the parties hereto or their respective representatives with respect to the collection, transportation, processing, marketing and disposing of waste that is generated from within the territorial limits of the Municipality, including, without limiting the generality of the foregoing, the Previous Agreement. 4 - 24 - HEADINGS 17 . The headings to the paragraphs of this Agreement are for convenience only and are not to be considered a part of this Agreement and do not in any way limit or amplify the terms and conditions of this Agreement. IN WITNESS WHEREOF the Corporate Seals of the parties hereto have been hereunto affixed and attested to by the hands of their respective proper signing officers . SIGNED, SEALED AND DELIVERED ) THE CORPORATION OF THE in the presence of : ) VILLAGE OF . % 'T BURWEj.L Per: AMI Execution and delivery by ) 'e= e The Corporation of the ) Village of Port Burwell ) authorized by By-Law ) Per: %= No. F $4 / I- the 6/7N day of ) , 1994 ) ) GREEN LANE ENVIRONMENTAL GROUP LTD. ) Per:,/4i /�'may► -ft� ) President f 1 ) ST. THOMAS SANITARY COLLECTION SERVICE LIMITED ) Per: / A 277 President - 25 - SCHEDULE "A" TO THIS AGREEMENT made this 4 4 P' day of 4i1"16 , 1994 . B ETWEE N: • THE CORPORATION OF THE VILLAGE OF PORT BURWELL hereinafter called the "MUNICIPALITY" , OF THE FIRST PART - and - GREEN LANE ENVIRONMENTAL GROUP LTD. and ST. THOMAS SANITARY COLLECTION SERVICE LIMITED hereinafter called the "CONTRACTOR" , OF THE SECOND PART FORM OF AGREEMENT FOR COMMERCIAL BUSINESS THIS AGREEMENT made in duplicate this day of C!tia , 1994 B ETWEE N: GREEN LANE ENVIRONMENTAL GROUP LTD. hereinafter called the "CONTRACTOR" , OF THE FIRST PART - and - hereinafter called the "OCCUPANT" OF THE SECOND PART WHEREAS the Occupant owns or occupies the premises municipally known in the Municipality as and has waste for disposal; AND WHEREAS the Contractor is under contract with Municipality to collect certain quantities of waste, recyclable material and compostible material from each commercial business within the territorial limits of the Municipality by virtue of an Agreement dated the day of , 199= (hereinafter referred to as the "Agreement" ) which Agreement is available for inspection in the Office of the Clerk of the Municipality; - 26 - AND WHEREAS the Occupant has waste, recyclable material or compostible material in quantities that exceed the quantities required by the Agreement to be handled by the Contractor; AND WHEREAS the Contractor has agreed to collect such excess waste, recyclable material and compostible material quantities upon and subject to the terms and conditions contained herein. NOW THEREFORE THIS AGREEMENT WITNESSETH that in consideration of the mutual covenants contained herein, the parties hereto covenant and agree as follows: 1 . The parties agree that the above-named premises constitute a commercial business within the meaning of the Agreement and that the maximum waste required to be removed by the Contractor every second week under the terms of the Agreement is twenty-seven ( 27 ft') cubic feet together with one ( 1 ) Blue Box of recyclable material and that the maximum quantity of compostible material required to be removed by the Contractor under the terms of the Agreement every second week is sixty-four ( 64 gal. ) gallons and that the Occupant 's waste, recyclable material and compostible material quantities are in excess of such maximums . 2 . The Contractor agrees to provide, at or in the vicinity of the above-named premises, additional Blue Boxes and additional waste and compostible collection containers for the use of the Occupant and to maintain such containers in good working order and to remove the contents so often as may be necessary to permit the use thereof by the Occupant at all times. 3 . The Occupant will abide by all of the Contractor ' s rules and regulations concerning the use of such containers; and in the event of a dispute between the parties to this Agreement as to the Cottractor's rules and regulations and their application to the Occupant and to the above-named premises , the Clerk of the Municipality shall, after receiving written submissions from the parties, resolve the dispute. 4 . The Occupant agrees to pay to the Contractor a charge for the use of such containers as follows: 4 . 1 $15. 00 for each additional stop for the collection of recyclable material from Blue Box( s) and for each additional stop for the collection of compostible material from 240 litre ( 64 gallon) ventilated compost container/cart ( s) ; PLUS 4 . 2 $8 .00 for each cubic yard or part thereof of additional waste quantities, recyclable material quantities and �compostible material quantities placed for disposal in - 27 - a waste container, a Blue Box or a ventilated compost container/cart, as the case may be. 5 . The parties agree that separate arrangements may be negotiated in the event there are large volumes of waste, recyclable material or compostible material to be handled at the above-names premises . 6 . The above charges for the handling of excess waste, recyclable material and compostible material shall apply until January 1", 1995 and on that date such charges shall be either increased or decreased and rounded to the nearest five ( 5C ) cents in the same proportion as and in accordance with the same calculation by which the annual contract price to the Municipality is adjusted in accordance with paragraph 3 . 1 of the Agreement and on January 1", of each ensuing year during the terms of the Agreement such rate will be similarly adjusted with respect to such ensuing year. Notwithstanding the foregoing, the Contractor may waive any increase. 7 . This Agreement may be terminated at any time by either party upon thirty ( 30 ) days notice in writing by prepaid registered mail addressed to the Occupant at the address set forth above and to the Contractor at P.O. Box 589, ST. THOMAS, Ontario N5P 4B1 . IN WITNESS WHEREOF the Contractor has hereunto affixed his Corporate Seal over the hands of its proper officers duly authorized in that behalf and the Occupant has hereunto set his hand and seal. SIGNED, SEALED AND DELIVERED ) GREEN LANE ENVIRONMENTAL in the presence of : ) GROUP LTD. ) ) Per: ) 1 ) (Name of Occupant in full ) (Witness to signature of ) Occupant) ) ( signature of Occupant) - 28 - SCHEDULE "B" to THIS AGREEMENT made this day of , 1994 . BETWEE N: THE CORPORATION OF THE VILLAGE OF PORT BURWELL hereinafter called the "MUNICIPALITY" , OF THE FIRST PART - and - GREEN LANE ENVIRONMENTAL GROUP LTD. and ST. THOMAS SANITARY COLLECTION SERVICE LIMITED hereinafter called the "CONTRACTOR" , OF THE SECOND PART MAXIMUM CONTAINER SERVICE RATES FRONT-END CONTAINER SERVICE (prices are in dollars per week and include landfill disposal charges) Frequency of Pick-Up Container size 2yds' $34 .40 3yds' $51 . 60 4yds' $68 . 80 5yds' $86 . 00 6yds' $103 .00 8yds' $137 . 00 TEMPORARY CONTAINER RENTALS (Terms: cash in advance or AMEX, VISA or Master Charge) Container size 2yds': $16 - $20 per lift, plus $5. 00 per week demurrage, plus $10.00 for delivery plus then current landfill disposal rates 3yds': $22 - $26 per lift, plus $5 .00 per week demurrage, plus $10.00 for delivery plus then current landfill disposal rates 4yds0: $26 - $28 per lift, plus $5 .00 per week demurrage, plus $10.00 for delivery plus then current landfill disposal rates c • - 29 - 6yds': $28 - $32 per lift, plus $5 . 00 per week demurrage, plus $10 . 00 for delivery plus then current landfill disposal rates 8yds': 1 $32 - $40 per lift, plus $5 . 00 per week demurrage, plus $10 .00 for delivery plus then current landfill disposal rates ROLL-OFF SERVICE Container size 20yds': $125 . 00 per lift, plus $10 . 00 per week demurrage, plus $60 . 00 for delivery plus then current landfill disposal rates 40yds': $125 . 00 per lift, plus $10.00 per week demurrage, plus $60 . 00 for delivery plus then current landfill disposal rates The Corporation of the Village of Port Burwell Post Office Box #10 21 Pitt Street Port Burwell, Ontario By-Law 94-16 - Being a By-Law to authorize the municipality to enter into an agreement with the County of Elgin. WHEREAS it is deemed necessary to enter into an agreement with the County of Elgin to permit the municipality, its' employees, contractors and representatives to construct, use and operate works on County Road allowances in the County of Elgin. The Council of the Village of Port Burwell hereby directs the Administrator/Clerk-Treasurer and the Reeve to enter into the agreement with the County of Elgin on behalf of the municipality. Read a first • • econd t. • 's 14th da of June, 1994.. . //9 .d R- • • • •ministrator/Clerk-Treasurer Read a third •• - fina •assed this 14th day of June, 1994. // 'nistrator/Clerk-Treasurer • f. e. OF MARK Mt — 450 SUNSET DRIVE COUNTY CLERK (Mrs ) SANDRA J. HEFFREN 2 ST. THOMAS, ONTARIO DEPUTY COUNTY CLERK J V• N5R 5V1 O PHONE (519)631-1460 FAX (519)633-7661 OVTAP`o October 31, 1994 \\\ Village of Port Burwell P.O. Box 10 PORT BURWELL, Ontario NOJ 1TO Attention: David R. Free, Administrator/Clerk-Treasurer Dear Mr. Free: Re: Standard Municipal Agreement for Work on County Road Allowances between County of Elgin and Village of Port Burwell Enclosed please find two duly signed copies of the above-noted agreement for your records. Yours truly, >2q -34/4/i - S.J. Heffren (Mrs. ) , Deputy Clerk. SH/db Encl . c.c. - F. Groch c AGREEMENT Made in triplicate this ,'iS Day ofsac i A.D. , 199+. BETWEEN: CORPORATION OF THE COUNTY OF ELGIN HEREINAFTER CALLED "THE COUNTY" OF THE FIRST PART - AND - THE CORPORATION OF THE HEREINAFTER CALLED "THE GRANTEE" OF THE SECOND PART WHEREAS the Grantee has requested the County to grant it and its Successors and Assigns a franchise or right of passing through the County for the purpose of constructing works on County road allowances within the County and; WHEREAS the Grantee in addition to other matters agrees that the requirements of the County with respect to the construction and • installation of certain services and improvements on County roads be undertaken to the satisfaction of the said County. WHEREAS the County has by by-law passed on the 24th day of May, A.D. , 1994 granted the said franchise from and after the execution of this Agreement and has authorized and empowered the Warden and Clerk of the said County to execute this Agreement and to fix the Corporate Seal thereto. NOW THEREFORE the parties hereto in consideration of other good and valuable consideration and the sum of ONE DOLLAR ($1.00) of lawful money of Canada paid by each of them to the other the receipt whereof is hereby each acknowledged covenant and agree each with the other as follows: 1. The County does hereby grant, confer and assure onto the Grantee, its Successors and Assigns full right, power, permission and consent to enter upon, use, occupy the highways of or under the jurisdiction of the County to survey, construct, lay, maintain, inspect, alter, repair, renew, remove, replace, reconstruct, use and operate in, through, upon, under, along and across the same or any of them work required within the County road allowance by the Grantee consistent with the Municipal Act or other related Acts on its behalf. 2. Pipeline works shall include pipes for the conveyance of potable water, irrigation water, sanitary sewage and storm water, including all connections, apparatus, appliances, attachments, cathodic protection, pumping stations, manholes, catchbasins and things necessary and incidental thereto and to a system for the purpose of providing enhanced use of the road allowance within the County road allowance. 3. Road works shall 'include curbing, sidewalk, street lights, signs, drainage, pipes, manholes, catchbasins, plantings, granular material, asphalt, interlocking bricks with any and all connections, apparatus, appliances and attachments necessary or incidental thereto and to a system for the purpose of providing enhanced use of the road allowance within the County road allowance. 4. The Grantee warrants that if required by the County Engineer it will engage the services of qualified Consulting Engineers to design all works in accordance with good engineering design standards and all applicable regulations and codes and to prepare plans, specifications, tenders and contract documents incorporating all the same, to provide detailed estimates of costs of the said works with cost breakdowns, to supervise the construction, installation and erection of said services, to certify the completion thereof in accordance with approved contract documents, to provide detailed "as constructed" plans of the compibted works and to act generally on the behalf of the Grantee in respect of the construction or installation of the said services and works. AGREEMENT PAGE 2. 5. All of the works above shall be constructed or installed at no expense to the County in accordance with plans and specifications in contract documents prepared by the Grantee's Consulting Engineers and approved in writing by the County Engineer. All construction or installation of such works shall be undertaken under the supervision of the Grantee's Consulting Engineers with inspections to be made by the County Engineer and by the Grantee's Engineer as the case may be. 6. The Grantee will use all reasonable efforts to commence and complete the installation or construction of the works in accordance with the work schedule to be submitted in writing by the Grantee's Consulting Engineer and approved in writing by the County ;Engineer. 7. Provided that in the event the Grantee through no fault or neglect on its part is delayed in performing anything required of it under this agreement by any cause whatsoever beyond its control then the time within which it is required to perform any thing required of it under this Agreement shall be extended for a period of time equal to the time lost due to such delay or for such further period of time as the County Engineer may approve in writing. 8. Except in the case of emergency, no excavation, opening or work which will disturb or interfere with the travelled surface of any part of any County road will be undertaken or commenced by the Grantee without written notice to the County Engineer. Such notice to be given at least forty eight hours (48) in advance of commencing such work unless otherwise agreed to by the said County Engineer. 9. That the Grantee will cause to be discharged any lien filed with the County pursuant to the Construction Lien Act in respect to any works undertaken by the Grantee within any public highway pursuant to the provisions of this Agreement and it will pay any legal costs, fees and disbursements howsoever incurred by the County in connection with any such lien. 10. In the event the County shall deem it expedient to alter the construction of any part of the public highway or any municipal drain, ditch, culvert or other municipal works or improvements thereon or therein and in the course thereof it shall become necessary to have the Grantee make changes in its line or lines or works in order to facilitate the work of the County and upon receipt of reasonable notice in writing from the County Engineer specifying the changes desired the Grantee shall at its own expense change its line or lines or works at the point specified. 11 . The Grantee shall construct, repair and replace any sewer line or water line or other works with all reasonable expedition so that the highway shall not be torn or obstructed for any unnecessary length of time yid upon the construction, repair and replacement of any such line or lines or works or the taking up of any of the same or the moving of any of the same from place to place in a highway, the highway shall , with all reasonable expedition be restored to its proper level and graded and left in a safe and good state of repair as it was before it was entered upon or opened, and to the satisfaction of the County Engineer. 12. The Grantee agrees to provide the County Engineer with detailed "as constructed" plans and specifications of the services constructed or installed under the terms of this Agreement within one (1) year of the completion thereof as certified by the Grantee's Consulting Engineer. AGREEMENT• • PAGE 3. 13. The Grantee will indemnify and save harmless the County from and against all loss, damage, injury, or expense which the County may bear, suffer or be put to by reason of any damage to property or injury to person caused by the construction, repair and maintenance, removal or operation by the Grantee, its officers, servants, agents, contractors, sub-contractors or employees of any of the services unless such loss, damage, injury or expense is occasioned by an Act of God or by the Act, neglect or default of some other persons, firm or corporation other than the Grantee its officers, servants, agents, contractors, sub-contractors or employees. 14 . Any notice or any other communication which may be required to be given under this Agreement shall be sufficiently given if given in writing and delivered in the case of the County, to the Clerk thereof, or in the case of the Grantee to the Clerk thereof or is sent by prepaid registered mail in the case of the County addressed to: Clerk Corporation of the County of Elgin 450 Sunset Drive St. Thomas, Ontario N5R 5V1 - OR - in the case of the Grantee addressed to: CLERK vtL -P 6 of PORT BI RWC.LL P.o. poX to poRT 0,)T-Actio NST ITO or to such other address as is given in writing by either party to the other and any such notice shall be deemed good and sufficient notice and shall be deemed effective at the time of delivery thereof or four (4) business days after the date thereof. 15. This Agreement shall enure to the benefit of and be binding upon the parties hereto and their respective successors and assigns and may be altered by Agreement of both parties in writing. 16. The rights and privileges hereby granted shall continue and remain in force for a period of twenty (20) years from the date hereof. AND WITNESS WHEREOF THE PARTIES HEREUNTO AFFIX THEIR RESPECTIVE CORPORATE SEALS ATTESTED BY THE HANDS OF THEIR PROPER OFFICERS IN THAT BEHALF. CORPORATION OF THE COUNTY OF ELGIN WARDEN `M • CLERK THE CORPORATIO OF THE /4// REEV / Co EXECUTED THIS MTN DAY OF 0-wNIL 1994. % • The Corporation of the Village of Port Burwell Post Office Box #10 21 Pitt Street Port Burwell, Ontario By-Law 94-17 Being a By-Law to authorize the municipality to enter into an agreement with the County of Elgin. WHEREAS pursuant to Section 26, subsection 2, Chapter P. 44, of the Public Libraries Act, R.S.O. 1990, as amended, the Council of the Village of Port Burwell may, at the request of the County Library Board, rent accommodation to the board; and WHEREAS the Corporation of the Village of Port Burwell wishes to renew the Standard Elgin County Library Lease with the County of Elgin; and WHEREAS it is deemed necessary to enter into an agreement with the County of Elgin to permit the municipality to provide facilities for library purposes on the basis of the said agreements. Tile Council of the Village of Port Burwell hereby directs the Administrator/Cleriz-Treasurer and the Reeve to enter into the agreement with the County of Elgin on behalf of the municipality. Read a first and se ��'� e t 28th .y of June, 1994.. ASI eeve • . istrator/Cleriz-Treasurer Read a thirae nd fin. pas. this .th day of June, 1994. Orjr. ore 4' • .1P', ator/Cleriz-Treasurer 1 '1 OF MARK G. McDONALD 450 SUNSET DRIVE COUNTY CLERK (Mrs.) SANDRA J. HEFFREN 2 ( ST THOMAS, ONTARIO DEPUTY COUNTY CLERK 42 N5R 5V1 p z PHONE (519)631-1460 0 FAX (519)633-7661 ON T ARCO August 12, 1994 Village of Port Burwell P.O. Box 10 PORT BURWELL, Ontario NOJ 1TO Attention: David R. Free. Administrator/Clerk-Treasurer Dear Mr. Free: Re: Standard Elgin County Library Municipal Lease Renewal Agreement between County of Elgin and Village of Port Burwell Enclosed please find a duly signed copy of the above-noted agree- ment for your records. Yours truly, SCJ . S.J. effren (Mrs,. ) , Deputy Clerk. SH/db ` 6 Encl . c.c. - E. Wells W.a sJ� r THIS AGREEMENT made in duplicate this 15th day of March 1994 BETWEEN : THE CORPORATION OF THE COUNTY OF ELGIN, hereinafter called the "County" OF THE FIRST PART; A N D: THE CORPORATION OF THE VILLAGE OF PORT BURWELL, hereinafter called the "Municipality" OF THE SECOND PART. WHEREAS by a lease dated the 10th day of December, 1987, the County leased from the Municipality the land and premises and/or the premises referred to therein and described in Schedule "A" attached hereto; AND WHEREAS the said lease provided for a term of five (5) years, commencing on the let day of November, 1987, and terminating on the 1st day of November, 1992. AND WHEREAS the Parties have agreed to renew the said term for a further period of five ( 5) years, commencing on the 2nd day of May, 1994; MOW THEREFORE the Parties mutually covenant and agree: 1 . The Lease dated the 10th day of December, 1987, herein referred to shall be and the same is hereby renewed for a further period of five (5) years from the 2nd day of May, 1994, upon the same terms and conditions as 11 contained therein, save and except any renewal provisions contained therein; - 2 - 2. Provided always, and it is hereby agreed that at the expiration of the renewal term herein provided, or any extension thereof, the term of the lease shall be deemed to be extended for a further period of one ( 1) year and from year to year thereafter upon the same terms and conditions as are now contained in the said lease, unless either party to the lease, at least six (6) months prior to the expiration of the term or any extension of it , shall give to the other notice in writing of the intention to terminate the tenancy at the expiration of the then current term. This Renewal Lease Agreement and the covenants contained herein shall enure to the benefit of and be binding upon the parties hereto, their successors and assigns. IN WITNESS whereof the parties hereto have executed this Agreement on the date herein indicated. DATER this .297-w day of JULY THE CORPORATION OF THE COUNTY OF 19 94 ELGIN Per: 67):77 • ��- Warden / Per: /L lO DATED this 71 day ofj.,s,_, THE CORPORATION OF THE V LLAGE OF 19 PORT BURWELL / Per: AV /' /. .1�. IF Reeve Per: fir-----/ Clerk .,..,. . . ... FYI , ILE X1014 - OF . * MARK G. McDONALD450 SUNSET DRIVE � .. COUNTY ct r s.--1.• t' ST. THOMAS, ONTARIO (Mrs.) SANDRA J. HEFFREN 'Z. o DEPUTY COUNTY CLERK !':. NSR SV1 0 �P Z PHONE (519)631.1460 0 ' # FAX (519)633-7661 *ON rAR\o • 'r" 1 ti ��1 August 12 , 1994 . ) \c %1 \ \v4 err � rr rr • Ir Village of Port Burwell P.O. Box 10 PORT BURWELL, Ontario NOJ 1TO ' pp►ttention: David R. Free, Administrator/Clerk-Treasurer 0) Dear Mr. Free: L5N Re: Standard Elgin County Library Municipal Lease Renewal Agreement between County of Elgin and Village of Port Burwell Enclosed please find a duly signed copy of the above-noted agree- ment for your records. Yours truly, X� • S.J. effren (Mrs. ) , , Deputy Clerk. SH/db Encl. c.c. - E. Wells . c THIS AGREEMENT made in duplicate this 15th day of March 1994 B E TWE E N THE CORPORATION OF THE COUNTY OF ELGIN, hereinafter called the "County" OF THE FIRST PART; A N D: THE CORPORATION OF THE VILLAGE OF PORT BURWELL, hereinafter called the "Municipality" OF THE SECOND PART. WHEREAS by a lease dated the 10th day of December, 1987, the County leased from the Municipality the land and premises and/or the premises referred to therein and described in Schedule "A" attached hereto; AND WHEREAS the said lease provided for a term of five (5) years, commencing on the 1st day of November, 1987, and terminating on the 1st day of November, 1992. AND WHEREAS th«> Parries have agreed to renew the said term for a further period of five (5) years commencing on the 2nd day of May, 1994; NOW THEREFORE the Parties mutually covenant and agree: 1. The Lease dated the 10th day of December, 1987, herein referred to shall be and the same is hereby renewed for a further period of five (5) years from the 2nd day of May, 1994, upon the same terms and conditions as contained therein, save and except any renewal provisions contained therein; c - 2 - 2. Provided always, and it is hereby agreed that at the expiration of the renewal term herein provided, or any extension thereof, the term of the lease shall be deemed to be extended for a further period of one ( 1) year and from year to year thereafter upon the same terms and conditions as are now contained in the said lease, unless either party to the lease, at least six (6) months prior to the expiration of the term or fny extension of it, shall give to the other notice in writing of the intention to terminate the tenancy at the expiration of the then current term. This Renewal Lease Agreement and the covenants contained herein shall enure to the benefit of and be binding upon the parties hereto, their successors and assigns. IN WITNESS whereof the parties hereto have executed this Agreement on the date herein indicated. DATED this .297-ii day of _TA L y THE CORPORATION OF THE COUNTY OF 19 94- ELGIN Per. Warden • / Per: I DATED this day of THE CORPORATION OF THE VJ.LAGE 19 PORT BURWELL Per: 40 Reev Per: ` Clerk . The Corporation of the Village of Port Burwell Post Office Box #10 21 Pitt Street Port Burwell, Ontario By-Law 94-18 Being a By-Law to authorize the Reeve and the • Administrator/Clerk-Treasurer to enter into a Community Policing Agreement with the Ontario Provincial Police to provide a Police Constable to work within the community. WHEREAS the Council of the Village of Port Burwell deems it necessary to enter into a Community Policing Agreement with the Ontario Provincial Police to provide a Police Constable to work within the community. THEREFORE THE COUNCIL OF THE VILLAGE OF PORT BURWELL ENACTS AS FOLLOWS. 1. THAT the Reeve and Administrator/Clerk-Treasurer be and are hereby authorized to execute an Agreement with the Ontario Provincial Police to provide a Police Constable to work within the community. 2. THAT the said Agreement is attached hereto as Schedule'A' and forms a part of this by-law. 3. THAT this by-law shall come into full effect upon final passing. Read a first and • d time t.' 30th day of ugust, 1994.. _ _ . 4P /I R- • .mr.istrator/Clerk-Treasurer Read a third time . d finally .assed this 30th day of August, 1994. Reev. • inistrator/Cler{z-Treasurer Community Policing • 2 Schedule "A" -)4" COMMUNITY POLICING AGREEMENT Agreement Between VILLAGE OF PORT BURWELL AND Ontario Provincial Police Agreement Period From (Tentative Dates ) : DECEMBER 1, 1993 TO NOVEMBER 30, 1994 REQUIREMENTS Community To Provide: ( 1 ) office facilities for the catalyst and any other police officer who requires same to work from. These facilities must be suitable to the officer and must include washroom facilities . ( 2 ) a telephone for the office. ( 3) telephone answering machine which meets the requirements of the program. ( 4) maintenance and upkeep of office, i .e. cleaning, etc. NOTE: Al,l costs such as heat, taxes, rent, etc, are the responsibility of the Community. POLICE To Provide: ( 1 ) a Police Constable to work within the community (a) FULL TIME The same officer will be assigned to this Program where possible for the duration of this agreement . The cata- lyst will work all his/her shifts in the community with the exception of meetings, court or emergency situations. fa 1�l '7 A'1" 4 prf"c(ir soft I Y R!_iit.i�a i"EN T3 113 s , 1 Cont'd. 2 ( 2 ) LONG DISTANCE CALLS - All long distance calls made from this office are the responsibility of the Detachment . Cost for long distance calls should be billed to the Detachment . ( 3 ) ANNUAL POLICE REPORT - Detachment Commander will provide council with an in-depth report on the police service provided to the Community during the agreement period. AUTHORIZATION Afri // A AIWA lel: �-�---�_ Mayer reeve Detac ment Commander Alministrator/Cleriz-Treasurer a644rs ate The Corporation of the Village of Port Burwell Post Office Box #10 21 Pitt Street Port Burwell, Ontario • By-Law 94-19 Being a By-Law to authorize the municipality to enter into a contract agreement with Garnett Services Inc. for the construction of 88 m water main and appurtences to be hung from the County Rd No 42 Bridge WHEREAS under the authority the Municipal Act RSO 1990 Chap. M45 Section 207 paragraph 2 to supply water services for consumption and fire protection and the Public Utilities Act RSO 1990 Chapt P 52 Section 4 to contruct and repair waterworks within the municipality and; WHEREAS the Council of the Village of Port Burwell has requested by public tender prices from construction companies to reconstruct and relocate the water main from beneath the Otter Creek to be hung from the bridge structure at the intersection of County Road No 42 and Robinson Street. WHEREAS the Council of the Village of Port Burwell has received all guarantees, bid bonds and has met the terms and cond,itions of the Tender Call for a total fixed price of $102,245.99, all taxes included. BE IT RESOLVED, the Council of the Village of Port Burwell hereby directs and authorizes the Reeve and the Clerk to enter into a formal agreement with Garnet Services Inc. of Strathroy per the terms and conditions of the Tender submitted to the muncipality May 26, 1994. s I Read a first and second ti his 30th d. of August, 1994. R • 4 Ad "istrator/Clem-Treasurer Read a third a nal time 30t day o August, 1994 dYe Reev Js' • • inistrator/Clerk-Treasurer 2 s • THIS AGREEMENT made in duplicate this 30 th day of August 1994. BETWEEN GARNET SERVICES INC of Strathroy in the County of Elgin and Province of Ontario. Hereinafter call the "Contractor" THE PARTY OF THE FIRST PART and THE CORPORATION OF THE VILLAGE OF PORT BURWELL hereinafter called the "Municipality" THE PARTY OF THE SECOND PART WITNESSETH, AGREEMENT that the party of the first part, for and in consideration of the payment or payments specified in the Tender for this work, hereby agrees to furnish all necessary machinery, tools, equipment, supplies, labour and other means of construction and, to the satisfaction of the Engineer, to do all the work as described hereafter, furnish all the materials except as herein otherwise specified, and to complete such works in strict accordance with the plans, specifications and Tender therefore, which are identified and acknowledged in the Schedule of Provisions, Plans, Specifications and Conditions attached to the Tender and all of which are to be read herewith and form part of,this present Agreement as fully and completely to all intents and purposes as though all the stipulations hereof have been embodied herein. DESCRIPTION OF WORK Suspended Watermain Crossing, Otter Creek IN CONSIDERATION WHEREOF, Said party of the second part agrees to pay the Contractor for all work done, the unit prices on the Tender. This agreement shall ensure to the benefit of and the binding upon the heirs, executors, administrators and assigns of the parties hereto. s IN WITNESS, WHEREOF, the Contractor and the Municipality have hereunto signed their names and set their seals on the day first above written. Signature of Corporation Signature of Contractor or witnesses & position held Seal of the Corporation Corporation of the Village of Port Burwell Post Office Box #10, 21 Pitt Street Port Burwell • • - OJ 1T0 l` �� / % / / /. . • . e Seal of the Municipal Corporation r ii l trator/Clem-Treasurer Simcoe & Erie General Insurance Company 505 ron Boulevard.Hammon Q,tara LM 353 CCDC 220 BID BOND No. 1-3721 =6'C".00 KNOW ALL MEN BY THESE PRESENTS THAT GARNET SERVICES INC. as Principal hereinafter called the Principal, and SIMCOE & ERIE GENERAL INSURANCE COMPANY, a corporation created and existing under the laws of the Province of Ontario and duly authorized to transactbusiness of Suretyship in THE PROVINCE OF ONTARIO as Surety,hereinafter called the urety,are held and firmly bound unto THE CORPORATION OF THE VILLAGE OF PORT BURWELL as Obligee, hereinafter called the Obligee.in the amount of . . . ..... . . . . . . . SIX THOUSAND 00/1006,000.00 Dollars($ i lawful money of Canada. for the payment of which sum,well and truly to be made,the Principal and the Surety bind themselves, their heirs,executors,administrators.successors and assigns,jointly and severally,firmly by these presents WHEREAS,the Principal has submitted a written tender to the Obligee.dated the 26TH day of NAY 19 94 for SUSPENDED WATERMAIN CROSSING OTTER CREEK NOW.THEREFORE.THE CONDITION OF THIS OBLIGATION is such that if the aforesaid Principal shall have the tender accepted within sixty(60)days from the closing date of tender and the said Principal will,within the time required,enter into a formal contract and give the specified security to secure the performance of the terms and conditions of the Contract,then this obligation snall be null and void; otherwise the Principal and the Surety will pay unto the Obligee the difference in money between the amount of the bid of the said Principal and the amount for which the Obligee legally contracts with another party to perform the work if the latter amount be in excess of the former The Principal and the Surety snail not be liable for a greater sum than the specified penalty of this Bond Any suit under this Bond must be instituted before the expiration of six months from the date of this Bond IN WITNESS WHEREOF,the Principal and Surety have Signed and Sealed this Bond this 20TH day of MAY 19 94 GARNET SERVICES INC. SIGNED and SEALED 1 in the presence of F 1 SIMCOE I ERIE GENERAL INSURAN COMPANY I o I _.,......rI (Seal) (. y Erowrd Dv AGEC CCA CCM CSC aAOC Apar pose by INSURANCE SUREAU OF CANADA E,7i±,ez Village of Port Burwell W9313702 Suspended Watermain Crossing Page FT-1 of FT-8 FORM OF TENDER 3e-2 vi« s /.✓C - Tender By f 627. (.4.J2/4- HT Z",•'"residing at (or place of business) '' z"Tre,4 7-11'' e.dc C).‘4---AC and residing at (or place of business) comprising the firm of a company duly incorporated under the laws of Q�"��e 0 ‘2 7 Wit is''T- st STiz d•✓T, 7��/5F8 havings its head office at .T4 .! . . .7. hereinafter called "The Tenderer." Note: The Tenderer's name and residence must be inserted above, and in the case of a firm, the name and residence of each and every member of the firm must be inserted. • Village of Port Burwell W9313702 Suspended Watermain Crossing Page FT-2 of FT-8 FORM OF TENDER To: Village of Port Burwell P.O. Box 10 Port Burwell, Ontario NO) 1T0 1/WE having carefully examined the site and locality of the proposed works and all contract documents relating thereto including the Drawing, Tender Documents, Form of Tender an Addendum/Addenda Nos. _ 6 to f' * inclusive, hereby tender and offer in accordance therewith to enter into a contract within the prescribed time to construct the said works in strict accordance with the contract documents and such further detail drawings as may be supplied from time to time and to furnish all materials, labour, tools, plant, matters and things necessary to complete and ready for use within the time specified for the total tender price of: /`/CJ r/ j roti fir-/c. F /,� nJ i•✓ dr oLl Dollars (S 9 Si � ) The total tender price is made up as detailed herein. •Note: The Tenderer shall insert the numbers of all addenda received by him during the tendering period and taken into account in preparing his tender. One copy of each such addendum, signed by the duly authorized signing officer, must be attached to the tender submitted. 6 Village of Port Burwell W9313702 Suspended Watermain Crossing Page FT-3 of FT-8 A bid deposit in the form of a bid bond or certified cheque payable to the Village of Port Burwell in the amount of$ 6,000.00 is attached hereto. G Crn (Name of Bonding Company, if applicable) Dated at ) mre-v J this -? day of rr) f=47 19 . . . 5 1 G,t, .✓.er er.2 v/ e r /A-IC. Signature of Witness Signature of Tenderer Note: If the tender is submitted by or on behalf of a corporation, it shall be signed in the name of such corporation by the duly authorized officers and the seal of the corporation shall be affixed. If the tender is submitted by or on behalf of an individual or a partnership, a seal shall be affixed opposite the signature of the individual or the partner. Village of Port Burwell W9313702 Suspended Watermain Crossing Page FT-4 of FT-8 FORM OF TENDER PART A - WATERMAIN Item Description Unit Estimated Unit Price Total Price Quantity 1. 250 mm dia.Class 150(DR 18)P.V.C. m 88 oo Watermain (SP 16.1) Z`:.) 1 �S 608 2. Air release chamber and valve(SP 16.2) L.S. o� s69z 3. 25 mm dia. Blowoff(SP 16.3) L.S. G15 4. 300 mm HDPE Insulated Watermain - L.S. uu DR20(SP 16.4) 3 8(0 5. Hangers(SP 16.5) L.S. oa /9, 3 6. Lateral Restraints (SP 16.6) L.S. 2/ 2 77 oU Total Schedule A - Wateain S 6355-22_, rm Any alternatives to materials and manufacturers should be described below. Alternatives are subject to approval of the Engineer. Village of Port Burwell W9313702 Suspended Watermain Crossing Page FT-5 of FT-8 FORM OF TENDER PART B - CONTINGENCY ITEMS item Description Unit Estimated Unit Price Total Price Quantity O 1. Supply,place and compact granular 'B', m' l I O /8 Sb 2(:3 Type II in trench(CI 17.1) 2. Provisional Sum (CI 17.2) S 5,000.00 -' Total Schedule B - Contingency Items v3 -) (W93 137172)Burwell-Suspended-W trmn-Crossing c Village of Port Burwell W9313702 Suspended Watermain Crossing Page FT-6 of FT-8 TENDER SUMMARY Tender G.L 88S-Z 2- TOTAL TOTAL PART A - Watermain S 7G3sov TOTAL PART B - Contingencies S 0 TOTAL TENDER PRICE 3 9S; 5-677 � 7% G.S.T. 6 680 9 97 TOTAL COST /021 z/ Signature of Witness Signature of Tenderer v • Village of Port Burwell W9313702 Suspended Watc-rmain Crossing Page FT-7 of FT-8 STATEMENT "A" EXPERIENCE For Whom Consulting Engineer Description of Work or Architect Year Contract Performed Value Responsible for the Work /59/ • Ca m e. ✓ e . 80 000 f' / e'' "do"7r A ST c a r y f ,-. n• o..c /9 9/ ""'✓01^n,0-4 .Tl,.I /Cs.�ir�c..J / '71--°°(-) Cosa r.mit-"ler c-If ss," /y 9"2— sc wtfZ w s►r�+t • D. 0O c) Pio / Til cw-t-��T i m .ti E /tr c/)fsc,ss7.4/r) 'swats c # T*/ /9 C)3. .ovrs+4cc.-s►-naa.s $7 k �.'r�/-�i�-S a L t'..�G Cr IL— nes+ ✓.,oe�C� 4 r0 UV �S Y as,o..-T s Sy 37F*s.. • • Village of Port Burwell W9313702 Suspended Watermain Crossing Page FT-8 of FT-8 STATEMENT "B" LIST OF PROPOSED SUB-CONTRACTORS & SUPPLIERS Sub-Trade Proposed Sub-Contractor Value of Work Sub-let Hangers ✓ F E.4—% Insulated Watermain La; - , ( ✓‘ SE- 4 GARNET SERVICES INC. PROJECT MANAGEMENT 627 Wright St., RR 7 Strathroy, Ont. N7G 3H8 Phone (519) 245-6068 August 25, 1994 Village of Port Burwell , P. O. Box 10, Port Burwell , Ontario. NOJ 1T0 Attention: Mr. David Free, C. E.T. AMCT(A) Administrator/Clerk Reference : Suspended Watermain Crossing Contract Dear Sir : Please find enclosed 1 ) Workers Compensation Certificate 2 ) Insurance Certificate 3 ) 100 % performance and payment bonds as required for the aforementioned contract . Yours truly, Garnet Services Inc . D. Ralph Bedford P. Eng. c. c. Giffels Associates Ltd . Att : Brian Kishbaugh P. Eng. AUG-18-94 THU 10:00 WORKERS' COMPENSATION BD FAX NO, 519 663 2381 P. 01/01 W Mait , Commission 14 8 FULI,ARTON STREET Compensation oras accidents LONDON, ONTARIO Certificate of Clearance (-.. , empena 11 ` Board du'revel N6A 5P3 (519) 663-2331 CertNlcat de decherge The Workert' Compensation Board hereby waNee rte rights under Par b prdsente, la Commission des accidents du travail noon*aux Section 11(3) (R.8.O. 1990) of the Workers' Cornpenaetlon Act to hold driving qui kr/eon(accord* en vertu de Pestis/' 71/3/ (L.R.0. 1Uo/ the principal named below liable for any Section 11(3) (R.8.O. 1990) de /e Lol aur lee ece:dents du travel et qui /'autorisent ♦ tams liability of the Contractor, also named below, for essesementr and l'enrrepreneur pncoV.l mentionni cl-dessoue responeeble pour route levies of the Board owing now or within 46 days from the date of this eotlratbn ou montent qua I'.nnepreneur, dgalfment mentierrti Certificate. ci-dessoue, wet tenu de verger a/a Commission, en vertu de rankle Name end address of CONTRACTOR 11(31 IL.R.0 19901, Ynmiddrtement ou dans les 46 puns solvent le Nom et adresew de L'ENTREPRENEUR date da es casnNket GARNET SERVICES INC R R 7 627 WRIGHT STRATHROY ON N7G 3H8 Name and addreen of PRI NCI PAL ---- Nom at&dress°d° L'ENTREPRENEUR PRINCIPAL V T L LAGS OF PORT BLUR'JELL Account No./N° de compte - �Firm No/N° d"entreprise Elf .tbt!a�tlirOrte.d'eni'rfa Ai' ' •.. 6447880 250766JZ i' C d�§94' � . III et./Taawr — Description Rate/Taus r_ O.a0f�U0n 723 CSNERAL CONTRACTOR Contract Description,-Osecr*tbn du control Certificate No./ N.de osrtrWcar FOR RELEASE OF PYMT ONLY 200385500 VALID FOR ALL PROJECTS • 73 . . ValorOJfN when signed by en authorised Officer of the Board. /lips vabidq sada Is sAneture d'un r.pn/.itenren(mooned de M Commission. • • This is to certify, That the insured set forth, is insured with The FILE NUMBER Insurance Company, which insurance is described below. • son, 1. PROOF OF UABIUTY INSURANCE W U.BE ACCEPTED ON THIS FORM ONLY(WITH NO AMENDMENTS) 2. IF INSURANCE IS PLACED IN PR ARY AND EXCESS LAYERS,RE SEPARATE CERTIFICATES FOR EACHI. 3. IF A FACSIMILE HAS BEEN TRANSMITTED,THE ORIGINAL.CEPTIFICATE MUST FOLLOW. waw pasuftuda mwNfr GENERAL ACCIDENT INDEMNITY COMPANY .06E Or *CCM GARNET SERVICES )_ 519 _245-6068 OM= M ,s627 Wright St . R.R . #7 Strathroy � �N7G AO3H8 TYPE OF EFFECTIVE WIRY UNITS Of UAOIUTY INSURANCE POUCY NUMBER DATE DATE euIaMNAAmory CO""'WfW 0011609377 94 .04 . 02 95 .04 . 02 $ 2 ,000, 000 Genu u.adKy Commercial General Uabllhy - Including Personal Injury, Contractual Liability, Non Owned Automobile Liability, Owner's and Contractors Protective Coverage, Products - Completed Operations, Contingent Employers Liability, Cross Liability Clause and Severability of Interest Clause MOTORYEHICLL ZURICH ACP1802770 94 .01 . 10 95 . 01 . 10 II 1 ,000, 000 UABIUT/ - Motor VeNcJe Liability - must covsr all vehicles owne>Id, or operated by, or on behalf ol It*Instred. Giffels Assoc . Ltd & y. PT.Bu r we 1 las been added as an addh,onal insured but only with respect to is Interest in the operations of the named inhered. This Is to certify that the Policies ot Insurance as described above have been issued by the undersigned to the insured named above and are In force at this time. If cancelled or changed In any manner,that world affect the a ci d i t i on•as outlined in coverage specified herein for any reason, so as to affect this certificate,thirty(3O)days prior written notice by registered mai or facsknle transmission will be given by the Insurer(s)to: Giffels Associates Ltd . Village of Port Burnell 30 International P.O. Box 10 Rexdale Ont M9W 5T3 Port Burwell Ont NOJ 110 This certtficate is executed and issued to the aforesaid as named a bove , the day and date herein written below. )1vel NO Gr none Of MEkAwrGE OCIDAP Far imam • Opt 91 08116 General Accident Indemnity & Zurich Insurance ssei 43111 M Grra~y xInsuurance Brokers Ltd . 11cur / �kD,.` y� j 0011Mw s v'•2 Ms J` Simcoe & Erie General Insurance Company cooc2:1i tae North Service Hoed Woo.Burlington,Ontario L7f1 ars PERFORMANCE BOND No T-9017 $ 951557.00 KNOW ALL MEN BY THESE PRESENTS THAT GARNET .SERV,ICES. INC. as Principal hereinafter called the Principal, and SIMCOE & ERIE GENERAL INSURANCE COMPANY a corporation created and existing under the laws of the Province of Ontario and duly authorized to transact the business of Suretyship in . . .THE PROVINCE. QE .ONTARIO as Surety, hereinafter called the Surety, are held and firmly bound unto , VILLAGE OF PORT BURWELL as Obligee hereinafter called the Obligee, in the amount of ---NINETY-FIVE. THOUSAND, .FIYE .HUNDRED.AND .FIFT.Y— . . . . . . . . . . . . . . . . . . . . . .xx/100-. . . . . . . . . . . . . . . . . . . . Dollars IS. . . . . . . . . . . . . . . .) lawful money of Canada.for the payment of which sum,well and truly to be made,the Principal and the Surety bind themselves,their heirs executors administrators, successors and assigns, jointly and severally, firmly by these presents WHEREAS, the Principal has entered into a written contract with the Obligee, dated the day of . 19 , for . .SUSPENDED. WATERMAIN. CROSS INC. . OTTER.CREEK NOTWITHSTANDING ANYTHING IN THE CONTRACT TO THE CONTRARY.,. _IT. •IS. A QONDITION QF. .THIS OBLIGATION THAT THE SURETY SHALL NOT BE LIABLE FOR ANY OF THE PRINCIPAL'S OBLIGATIONS UNDER• THE• CONTRACT• •FOR EVENTS. •OCCUR ING- OR •DISCOVERED'MORE •THAN. •ONE• (•1•) YEAR AFTER THE DATE OF SUBSTANTIAL PERFORMANCE OF THE PRINCIPAL'S WORK UNDER THE CONTRACT. in accordance with the Contract Documents submitted therefor which are by reference made part hereof and are hereinafter referred to as the Contract. ' NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION is such that if the Principal shall promptly and faithfully perform the Contract then this obligation shall be null and void, otherwise it shall remain in full force and effect. Whenever the Principal shall be. and declared by the Obligee to be, in default under the Contract, the Obligee having performed the Obligee's obligations thereunder, the Surety may promptly remedy the default, or shall promptly (1) complete the Contract in accordance with its terms and conditions or 12) obtain a bid or bids for submission to the Obligee for completing the Contract in accordance with its terms and conditions, and upon determination by the Obligee and the Surety of the lowest responsible bidder, arrange for a contract between such bidder and the Obligee and make available as work progresses liven though there should be a default, or a succession of defaults, under the contract or contracts of completion, arranged under this paragraph) sufficient funds to pay the cost of completion less the balance of the Contract price, but not exceeding, including other costs and damages for which the Surety may be liable hereunder, the amount set forth in the first paragraph hereof The term 'balance of the Contract price," as used in this peragraph, shall mean the total amount payable by the Obligee to the Principal under the Contract, less the amount properly paid by the Obligee to the Principal. Any suit under this Bond must be instituted before the expiration of two (2) yeas from the date on which final payment under the Contract falls due The Surety shall not be liable for a greeter sum than the specified penalty of this Bond No right of action shall accrue on this Bond, to or for the use of, any person or corporation other than the Obligee named herein, or the heirs, executors, administrators or successors of the Obligee IN WITNESS WHEREOF, the Principal and Surety have Signed and Sealed this Bond this 16th day of August 19. 94 SIGNED and SEALED in the presence of i GARNET SERVICES INC. 1Bx' `��, P. a f-c OW) ( Principal ( SIMCOE I ERIE GENERAL INSURANCE COMPANY c ( 1 By; Enoo.wa by ACK CGA GCPf CSC!WC ( Su,e J. Sal th, Attorney—ter—tact a/emed by INSURANCE OUREAV OF CANADA• E-IS(11191) 3. No suit or action shall be commenced hereunder by any Claimant (a) unless such Claimant shall have given written notice within the time limits hereinafter set forth to each of the Principal, the Surety and the Obligee, stating with substantial accuracy the amount claimed. Such notice shall be served by mailing the same by registered mail to the Principal, the Surety and the Obligee, at any place where an office is regularly maintained for the transaction of business by such persons or served in any manner in which legal process may be served in the Province nr other part of Canada in which the subject matter of the Contract is located Such notice shall be given (1) in respect of any claim for the amount or any portion thereof, required to be held back from the Claimant by the Principal, under either the terms of the Claimant's contract with the Principal, or under the Mechanics' Liens Legislation applicable to the Claimant's contract with the Principal, whichever is the greater, within one hundred and twenty (120) days after such Claimant should have been paid in full under the Claimant's contract with the Principal, (2) in respect of any claim other than for the holdback, or portion thereof, referred to above, within one hundred and twenty 1120) days after the date upon which such Claimant did, or performed, the last of the work or labour or furnished the last of the materials for which such claim is made, under the Claimant's contract with the Principal, (bl after the expiration of one (1) year following the date on which the Principal ceased work on the Contract, including work performed under the guarantees provided in the Contract; (c) other than in a Court of competent jurisdiction in the Province or District of Canada in which the subject matter of the Contract, or any part thereof, is situated and not elsewhere, and the parties hereto agree to submit to the jurisdiction of such Court. 4 The Surety agrees not to take advantage of Article 1959 of the Civil Code of the Province of Quebec in the event that, by an act or an omission of a Claimant, the Surety can no longer be subrogated in the rights, hypothecs and privileges of Said Claimant 5 Any material change in the contract between the Principal and the Obligee shall not prejudice the rights or interest of any Claimant under this Bond.who is not instrumental in bringing about or has not caused such change 6 The amount of this Bond shall be reduced by, and to the extent of any payment or payments made in good faith, and in accordance with the provisions hereof, inclusive of the payment by the Surety of Mechanics' Liens which may be filed of record against the subject matter of the Contract, whether or not claim for the amount of such lien be presenTed under and against this Bond. 7 The Surety shall not be liable for a greater sum than the specified penalty of this Bond. IN WITNESS WHEREOF. the Principal and Surety have Signed and Sealed this Bond this 16th day of August 19 94 SIGNED and SEALED GARNET SERVICES IN — in the presence of ( �' ( By' �.. ! _.._-/'.IAF{ MAIM ( Principal ( SIMCOE i ERIE GENERAL INSURANCE co ea v ( By• 1110 EMwrO A AGEC CU OGE CDG 1 aiC ( J. A. Smith Attorney-in-fact AOomma M UUAEAu Of CANADA J` Simcoe & Erie General Insurance Company 640 North Senbe Rose west.Burlington,Ontario I7R 4L3 CCDC 222 LABOUR AND MATERIAL PAYMENT BOND (TRUSTEE FORM) No T-9.018.. $ 95,557.00 Note. This Bend is issued simultaneously with another Sand in favour of the Obligee conditioned for the full and faithful performance of the Contract. KNOW ALL MEN BY THESE PRESENTS THAT GARNET SERVICES INC. as Principal hereinafter called the Principal, and SIMCOE & ERIE GENERAL INSURANCE COMPANY a corporation created and existing under the laws of the Province of Ontario and duly authorized to transact the business of Suretyship in THE PROVINCE OF ONTARIO as Surety, hereinafter called the Surety are, subject to the conditions hereinafter contained,held and firmly bound unto VILLAGE OF PORT BURWELL as Trustee hereinafter called the Obligee, for the use and benefit of the Claimants,their and each of their heirs,executors, adminis- trators,successors and assigns, in the amount of. ---NINETY-F.IVE. . THOUSAND,. . .EIVE. . Jill NDRED. .AND. . FIFTY-SEVEN-- ' xx/100. . . . . . . . . . . . . . . . . . . . . . . Dollars($95.,557...00. . . . . . .1 of lawful money of Canada for the payment of which sum well and truly to be made the Principal and the Surety bind themselves, their heirs, executors,administrators, successors and assigns, jointly and severally, firmly by these presents WHEREAS, the Principal has entered into a written contract with the Obligee,dated the day of 19 ,for SUSPENDED WATERMAIN CROSSING — OTTER CREEK which Contract Documents are by reference made a part hereof,and are hereinafter referred to as the Contract. NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION is such that, if the Principal shall make payment to all Claimants for all labour and material used or reasonably required for use in the performance of the Contract, then this obligation shall be null and void, otherwise it shall remain in full force and effect, subject, however, to the following conditions 1 A Claimant for the purpose of this Bond is defined as one having a direct contract with the Principal for labour, material, or both, used or reasonably required for use in the performance of the Contract, labour and material being construed to include that part of water, gas, power, light, heat, oil, violin*, telephone service or rental equipment directly applicable to the Contract provided that a person, firm or corporation who rents equipment to the Principal to be used in the performance of the Contract under a contract which provdes Mat all or any part of the rent is to be applied towards the purchase price thereof, shall only be a Claimant to the extent of the prevailing industrial rental value of such equipment for the period during which the equipment wes used in the performance of the Contract. The prevailing industrial value of equipment shall be determined. insofar as it is practical to do so, in accordance with and in the manner provided for in the latest revised edition of the publication of the Canadian Construction Association titled "Rental Rates on Contractors Equipment" published prior to the period during which the equipment was used in the performance of the Contract 2 The Principal and the Surety, hereby jointly and severally agree with the Obligee, as Trustee, that every Claimant who has not been paid as provided for under the terms of his contract with the Princpal, before the expiration of a period of ninety (901 days atter the date on which the lint of such Claimant's work or labour was done or performed or materials were furnished by such Claimant, may as a beneficiary of the trust herein provided for, sue on this Bond, prosecute the suit to final judgment for such sum or sums as may be justly due to such Claimant under the terms of his contract with the Principal and have execution thereon Provided that the Obligee is not obliged to do or take any act, action or proceeding against the Surety on behalf of the Claimants, or any of them to enforce the provisions of this Bond. If any act, action or proceeding is taken either in the name of the Obligee or by joining the Obligee as a party to such proceeding, then such act, action or proceeding, shall be taken on the understanding and basis that the Claimants, or any or them, who take such act, action or proceeding shall indemnify and sive harmless the Obl40er'1gairsst all costs. charges and expenses or liabilities incurred thereon and any log or damage resulting to the Obliges by reason thereof Provided still further that, subject to the foregoing terms and conditions, the Claimants. or any of them may use the name of the Obligee to sue on and enforce the provisions of this Bond. B-72 The Corporation of the Village of Port Burwell Post Office Box #10 21 Pitt Street Port Burwell, Ontario By-Law 94-20 Being a By-Law to appoint Canine Control as . Animal Control Officer and Poundkeeper for the Village of Port Burwell AUTHORITY The Animals for Research Act, R.S.O. 1990, Chapter A 22. Live Stock and Poultry Protection Act, R.S.O. 1990, Chapter L 24. The WHEREAS it is deemed expedient to appoint an Animal Control Officer and Poundkeeper for carrying into effect the provisions of these Acts of the Legislature or by-laws of Council passed uder such authority. NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE VILLAGE OF PORT BURWELL HEREBY ENACTS AS FOLLOWS: 1. DEFINITIONS a) "ANIMAL CONTROL OFFICER" means the person or persons appointed by the Council of the Village of Port Burwell to enforce this by-law and any servant or agnet of this person employed for such purpose. 6) "POUNDKEEPER" means a person or persons appointed by the Council of the Village of Port Burwell to mainain and adminster the Pound. c) "POUND" means a premises that is used for the detention, maintenance, or disposal of animals that have been impounded pursuant to this by-law. 2. AGREEMENT The Agreement dated the thirteenth day of September, 1994, between Canine Control of the first part, and the Corporation of the Village of Port Burwell, of the Second Part, a copy whereof is set out in Schedule "A" to this by-law, is hereby adopted and approved. • • 3. APPOINTMENT Effective the thirteenth day of September, 1994, Cannine Control of Simcoe is hereby appointed Animal Control Officer and Poundkeeper of the Village of Port Burwell. The duties are set out in the said Agreement and he shall holdoffice during the pleasure of the Council. 4. REMUNERATION The said Canine Control, shall be paid a salary/commission as set out in the said Agreement. 5. EXECUTION OF AGREEMENT The Reeve and the Administrator/Clerk-Treasurer are hereby authorized and directed to execute the said agreement on behalf of the said Corporation and to affix the Corporate Seal thereto. 6. REPEAL OF BY-LAW By-Laws 90-10 &90-11 of the Corporation of the Village of Port Burwell are hereby repealed. 7. EFFECTIVE DATE This by-law shall come into force and take effect on September 13, 1994. ENACTED AND PASSED THIS 13Th DAY OF SEPTEMBER, 1994. • 2 "Schedule A" MEMORANDUM OF AGREEMENT IS MADE THIS 13th DAY OF September, 1994. BETWEEN: CANINE CONTROL of the Town of Simcoe in the Regional municipality of Haldimand- Nor f olk OF THE FIRST PART AND THE CORPORATION OF THE VILLAGE OF PORT BURWELL (hereinafter referred to as the "Corporation") OF THE SECOND PART WITNESSETH that the parties hereto in consideration of the covenants, promises and agreements hereinafter set forth and contained by them and each of them to he performed have and agreed as follows: 1. The said Canine Control shall provide the necessary vehicles, chemicals and all other plant equipment necessary to enforce the provisions of the By-Law 94-20, as amended of the Corporation and any amendments thereto or substitutions therefore. 2. The said Canine Control shall: a) Make routine patrols of the Village of Port Burwell, Monday to Friday, on instructions of requests received from the Administrator/Clerk-Treasurer, Community Policing Officer of the Ontario Provincial Police Force or the Municipal Law Enforcement Officer of the Village of Port Burwell; 6) Maintain the pound in which the animals are kept, and feed and house the said animals to a standard required by the Ministry of Agriculture and Food (The Animals for Research Act, R.S.O. 1990, Chapter A 22 and Regulations under the said Act); c) Where he finds that an unlicensed dog or bitch is kept or harbored in the Village, he shall, from the supply of dog tags received by him from the A Municipal Law Enforcement Officer, issue to the person keeping or harboring such dog, or bitch a license tag for the current year and forthwith turn over the funds received therefore to the Administrator/Clerk-Treasurer; a d) Submit at the end of each month to the Municipal Law Enforcement Officer to the Village of Port Burwell a report containing information of the number of animal picked up in that month and the disposal made thereof, the time of routine daily patrol, and any other information required; e) To release any dog or hitch to any claimant, if in possession of a dog tag for the current year on payment to him by such claimant, such claim and maintenance fees as authorized by By-Law 94-05 as amended of the Corporation for each dog so claimed; f) Collect and remove all dead animal found in the Municipality and dispose of same in accordance with Section 2, paragraph a of this agreement; 3. The said Canine Control shall hold office during the pleasure of Council of the Corporation and for his services, shall he paid as follows; a. Patrol for cats on complaint and dogs at large in the Village at a rate of $25.00 per patrol; b. Pickup cats and dogs apart from not within regular patrol at a rate of$25.00 per visit to the Village to address one or more complaints; c. For the direct veterinary coots in association with euthanasia of a dog or cat; d. Shall not charge to the municipality the cost of boarding animals and shall use the monies collected from dog and cats owners in association with the penalties and fines permitted under By-Law 94-05 as payment for boarding of the animal retained in the performance of duties to the municipality. e. A fixed fee/monthly retainer in the amount of $100.00 per month for the duration of this agreement 4.1 THIS AGREEMENT shall come into force on the thirteenth day of September, 1994 and be effective for the year of 1994, and from year to year thereafter, unless otherwise terminated by mutual consent and upon six (6) months written notice by Registered Mail prior to the end of such calendar year. 4.2 THIS AGREEMENT shall he subject to amendment only by mutual consent by all parties of the agreement. Read a first a second ti.. this 13th day of September, 1994. I? . •. A e / I • .r�nistrator/C1erk-Treasurer Read a third and pis- • this •.t}, -y of September, 1994 R e inistrator/Clerk-Treasurer 3 A .:7I.I.M7:.11 .lIm.' .m 'I...' ' '''.n''''' '''... mm' ": ' . 7 IN WITNESS WHEREOF the Parties hereto have hereunto affixed their Corporate Seals by the hands of their proper signing officers duly authorized in that behalf. THE CORPORATION OF THE VILLAGE OF PORT BURWELL �� / "O. Reeve t Administrator/Clerk-Treasurer Canine Control MEMORANDUM OF AGREEMENT IS MADE THIS 13th DAY OF September, 1994. BETWEEN: CANINE CONTROL of the Town of Simcoe in the Regional municipality of Haldimand- Norfolk OF THE FIRST PART • AND THE CORPORATION OF THE VILLAGE OF PORT BURWELL (hereinafter referred to as the "Corporation") OF THE SECOND PART WITNESSETH that the parties hereto in consideration of the covenants, promises and agreements hereinafter set forth and contained by them and each of them to be performed have and agreed as follows: 1. The said Canine Control shall provide the necessary vehicles, chemicals and all other plant equipment necessary to enforce the provisions of the By-Law 94-20, as amended of the Corporation and any amendments thereto or substitutions therefore. 2. The said Canine Control shall: a) M,ake routine patrols of the Village of Port Burwell, Monday to Friday, on instructions of requests received from the Administrator/Clerk-Treasurer, Community Policing Officer of the Ontario Provincial Police Force or the Municipal Law Enforcement Officer of the Village of Port Burwell; 6) Maintain the pound in which the animals are kept, and feed and house the said animals to a standard required by the Ministry of Agriculture and Food (The Animals for Research Act, R.S.O. 1990, Chapter A 22 and Regulations under the said Act); c) Where he finds that an unlicensed dog or bitch is kept or harbored in the Village, he shall, from the supply of dog tags received by him from the Municipal Law Enforcement Officer, issue to the person keeping or harboring such dog, or bitch a license tag for the current year and forthwith turn over the funds received therefore to the Administrator/Clerk-Treasurer; d) Submit at the end of each month to the Municipal Law Enforcement Officer to the Village of Port Burwell a report containing information of the number of animal picked up in that month and the disposal made thereof, the time of routine daily patrol, and any other information required; e) To release any dog or bitch to any claimant, if in possession of a dog tag for the current year on payment to him by such claimant, such claim and • maintenance fees as authorized by By-Law 94-05 as amended of the Corporation for each dog so claimed; f) Collect and remove all dead animal found in the Municipality and dispose of same in accordance with Section 2, paragraph a of this agreement; 3. The said Canine Control shall hold office during the pleasure of Council of the Corporation and for his services, shall be paid as follows; a. Patrol for cats on complaint and dogs at large in the Village at a rate of $25.00 per patrol; b. Pickup cats and dogs apart from not within regular patrol at a rate of$25.00 per visit to the Village to address one or more complaints; c. For the direct veterinary costs in association with euthanasia of a dog or cat; d. Shall not charge to the municipality the cost of boarding animals and shall use the monies collected from dog and cats owners in association with the penalties and fines permitted under By-Law 94-05 as payment for boarding of the animal retained in the performance of duties to the municipality. e. A fixed fee/monthly retainer in the amount of $100.00 per month for the duration of this agreement 4.1 THIS AGREEMENT shall come into force on the thirteenth day of September, 1994 and be effective for the year of 1994, and from year to year thereafter, unless otherwise terminated by mutual consent and upon six (6) months written notice by Registered Mail prior to the end of such calendar year. 4.2 THIS AGREEMENT shall be subject to amendment only by mutual consent by all parties of the agreement. IN WITNESS WHEREOF the Parties hereto have hereunto affixed their Corporate Seals by the hands of their proper signing officers duly authorized in that behalf. THE CORPORATION OF THE VILLAGE OF PORT BURWELL _ / / / Reeve i Administrator/Clem-Treasurer Q � Canine Control cf-PORT THE CORPORATION OF THE s VILLAGE OF PORT BURWELL ' P O Box 10, Port Burwell, Ontario NOJ I TO telephone (519) 874-4343 • fax (519) 874-4948 4Lijr, October 19, 1994 Ms. J. Whitney RR #1 Port Burwell ON NOJ 1T0 Dear Ms. Whitney Re: Sale of 1995 Dog Tags Please accept this letter as our formal request with regards to the above said. In the past, payment for this service has been $2.00 per tag sold, presently payment will be $4.0t) per tag. If you are interested in providing this service please contact the Village Offices at your earliest possible convenience, in order that sales may begin immediately. Yours truly /� � •. Free, CET, AMCT(A) rministrator/Clerlr-Treasurer Tom Nesbitt • Reeve David R. Free, CET,AMCT(A) • Administrator/Clerk-Treasurer Councillors • E. Epple, G. Loucks, C. AIIin, J. Hevenor Port Burwell By ed Laws By-Laws -# 94 - 22 - 94 - 36 1994 ♦ . •• • THE CORPORATION OF THE VILLAGE OF PORT BURWELL PO Box 10 21 Pitt Street Port Burwell, Ontario BY-LAW 94-22 Being a By-Law Prescribing the Standards for the Maintenance and Occupancy of Property WHEREAS Section 31 of the Planning Act, R.S.O. 1990 c. P 13 authorizes the Council of a municipality to pass a by-law for prescribing standards for the maintenance and occupancy of property within the municipality, for requiring property that does not conform with the standards to be repaired and maintained to conform with the standard, or for the site to be cleared of all- buildings, structures, debris or refuse and left in graded and levelled condition and for prohibiting the removal from any premises of any sign, notice or placard placed therein pursuant to this by-law. NOW THEREFORE, The Council of the Corporation of the Village of Port Burwell enacts as follows: D iinitiona 1.0 For the purpose:(of this By-Law: 1.1 Accessory Buil means a detached building which is customarily incidental and subordinate to the main use of the lot, and which is not used or intended for use as human habitation. 1.2 Bathroom means a room containing at least a toilet and bathtub or shower, or two rooms which contain in total at least one toilet and one bathtub or one shower. 1.3 lizkagLa means a habitable room used for sleeping purposes. 4 1 L a means any structure whether temporary or permanent, used or intended for sheltering any use or occupancy but shall not include a boundary wall, fence. travel trailer, camping trailer, truck camper, van, motor home or tent. 1.5 Clerk means the Clerk of the Corporation of the Village of Port Burwell. 1.6 Committee means a property standards committee established under section 38 of this by-law. 1.7 Corporation means the Corporation of the Village of Port Burwell 1. 8 Council means the Council of The Corporation of the Village of Port Burwell. 1.9 Dwelling means a building any part of which is capable of being used for the purpose of human habitation and includes a building that would be or is capable of being used for such purposes except for its state of disrepair and shall include any mobile dwelling unit. 1.10 Dwelling Unit means one or more rooms located within a dwelling and used or capable of being used for human habitation by one or more persons. 1.11 Fire Resistance Rating means time in hours thereof that a material construction or assembly will withstand fire exposure, as determined in a fire test made in conformity with generally accepted standards, or as determined by extension or interpretation of information derived therefrom. 1.12 Habitable Room means any room in a dwelling unit used or capable of being used or living, sleeping, cooking or eating purposes. 1.13 Inspectors means any person designated in section 39 hereof to assist the Property Standards Officer in the administration and enforcement of this by-law. 1.14 Medical Officer of Health means the Medical Officer Of Health of the Elgin/St. Thomas Health Unit. 2 1.15 Multiple Dwelling& means a building containing three or more dwelling units. • 1.16 Non-habitable Room means any room in a dwelling or dwelling unit other than a habitable room, and includes bathroom, toilet room, laundry, ,pantry, lobby, communicating corridor, stairway, closet, cellar, boiler room or other space for service and maintenance of the dwelling for public use, and for access to, and vertical travel between storeys. 1.17 Non-residential Property means any property or use of property designated, intended, or used for any purposes other than those of a dwelling. 1.18 Occupant means any person or persons over the age of eighteen years in possession of the property. 1. 19 Officer means the Property Standards Officer appointed by the Council of the Corporation to administer and enforce this by-law. 1.20 Owner includes the person for the time being managing or receiving the rent of the land or premises in connection with which the word is used whether on his or her own account or as agent or trustee of any other person or who would receive the rent if such land and premises were let, and shall receive the rent if such land and premises were let, and shall also include a lessee or occupant of the property who, under the terms of a lease is required to repair and maintain the property in accordance with the standards for the maintenance and occupancy of property. 1.21 Property means a building or structure or part of a building or structure and includes the lands and premises appurtenant thereto and all mobile homes, mobile buildings, mobile structures, accessory buildings, fences and erections thereon, whether heretofore or hereafter erected, and includes vacant property. 1.22 Repair includes the provision of such facilities and the making of additions or alterations or the taking of such action as may be required so that the property shall conform to the standards established by this by-law. 1.23 Residential Property means a building or dwelling structure or part of a building or structure, and includes the 3 land and premises appurtenant thereto and all mobile homes, mobile buildings, mobile structures, outbuildings, fences and erections thereon whether heretofore or hereafter erected, and includes vacant property. 1.24 R111212ish means any waste material, debris, refuse, litter, or articles of trash. 1.25 Safe Temperature means a temperature on any inflammable surface, adjacent to a source of heat, which surface is too hot for comfort when touched by the hand when any such source of heat has been producing heat continuously for a minimum of two hours. 1.26 Sewage means any liquid waste containing animal, vegetable or mineral matter in suspension or solution, but does not include roof water or other storm runoff. 1.27 Sewerage System means the Municipal sanitary sewage system or a private sewerage disposal system approved by the Medical Officer of Health. 1.28 atandAzif means the standards set out in Sections 2, 3, 4, 5. 6, 7, 8, 9, 10 and 11 of this By-Law. 1.29 Structure means anything constructed or erected whether located under, on or above the surface of the ground. 1.30 Toilet Room means a room containing a water closet and wash basin. 1.31 Yard means the land, other than publicly owned land, around and appurtenant to the whole or any part of a dwelling and used or intended to be used, or capable of being used, in connection with the dwelling, whether or not the )-and is owned by the owner of the building. 2.0 General Provisions 2.1 Application 2.1.1 All Property The provisions of this By-Law .hall apply to all property within the boundaries of The 4 Corporation of the Village of Port Burwell as now or hereafter legally constituted. 2.1.2 Non-Conformity No property shall be used or occupied within the Village of Port Burwell except in conformity with the provisions of this Bylaw. 2.1.3 Administration - Property Standards Office= This By-Law shall be administered by the Property Standards Officer or other such persons as the Council of The Corporation of the Village of Port Burwell designates. 2.1.4 Enforcement This By-Law may be enforced by the Property Standards Officer upon the receipt of a written and signed complaint of alleged violation of this By-Law from the Fire Chief of the Village of Port Burwell or from a citizen or ratepayer of the Village of Port Burwell- directly affected by the alleged violation. 2.1.5 Compliance Required - Other By-Laws Nothing in this By-Law shall serve to relieve any person from the obligation to comply with the requirements of the zoning by-law or any other by-law of the Village of Port Burwell in force from time to time or the obligation to obtain any license, permit, authority or approval, required under any by-law of the Village of Port Burwell. 3.0 Maintenance Of Yards 3.1 Yard To Be Kept Cleat A yard shall be kept clean and free from rubbish, garbage, brush, waste, litter, injurious insects, termites, rodents, vermin and other pests, ground cover, hedges and bushes which are unreasonably overgrown in relation to the neighboring environment, dead, decayed or damaged trees or other growth and the branches and limbs, or other debris and from objects or conditions that might create a health, fire or accident hazard. 3.2 Noxious Weeds A yard shall be kept free from excessive growth of weeds and grasses. Noxious plants, including but not limited to ragweed, poison ivy, poison oak, and poison sumac shall be eliminated from the yard. 3.3 3.3.1 Height No person shall permit grass or weeds to grow to a height or to stand at a height in excess of eight (8) inches / twenty (20) centimeters on any property. 5 3.3.2 Corner Lot No person shall plant, maintain or permit any tree, bush or shrub to grow on a corner lot within six (6) meters of the intersection of the front lot line and the exterior lot line of such lot. 3.4 Vehicles Any vehicle, including a trailer, which is in a rusted, wrecked, discarded, dismantled, partially dismantled, inoperative or abandoned condition may not be parked, stored or left in the open unless it is necessary for the operation of a business enterprise lawfully situated on private property. Any such vehicles or components thereof must be relocated to a completely enclosed location or otherwise removed from the property. 3.5 Vehicles No yard shall be used for the parking or unlicensed storage of a motor vehicle which is not operative or which is not currently licensed pursuant to the provisions of the Highway Act or amendments thereto for the Province of Ontario. 3.6 Machinery A yard shall be kept clear from machinery or parts thereof or other objects or parts thereof or accumulation of material that creates an unsafe condition or which is not in keeping with the neighboring properties; dilapidated or collapsed structures or erections; and the filling or protecting of any unprotected well; used building materials not being utilized in the construction of a building. 3.7 Erosion All reasonable means shall be employed to prevent the erosion of soil in the yard. 3.8 3.8.1 Items Stored , No yard shall be used as a place to store; keep, display, pile or accumulate any of the following: any clothing or household goods, including a mattress, bed, dresser, sofa, chair, table, television, radio, stove, refrigerator, dishwasher, washing machine and dryer or other furnishing or appliance or any part of them, or any furnace, hot water heater, air conditioner, or any part of them. 3.8.2 Psrmaid Where outdoor storage is permitted by law, storage such storage shall be maintained in a safe condition, located, parked or stacked in a neat and orderly fashion in bins, containers, structures or enclosures appropriate to the nature, composition, chemical or other characteristic properties or distinctive attributes of the substance stored- Such outdoor storage 6 shall be enclosed by fencing at least 1.5 meters in height. Such fenced enclosure shall be located at least 6 meters from any street, and the area exterior thereto shall be landscaped, save and except any adjoining building, driveway or parking or loading area. 3.9 Excavations Every property shall be kept free of all holes unused excavations, holes, unenclosed wells, spits, shafts, cisterns or reservoirs, and the same shall be filled to grade with clean fill. Provided that where any excavations, holes, unenclosed wells, pitta, shafts, cisterns or reservoirs are in use and are required by the nature of use and occupancy of any property and may constitute a health or safety hazard or exceed a depth of one (1)meter, a fence or barrier shall be erected and maintained completely around the same to a height of not less than 1.2 meters above the grade level at the perimeter of each of them. 3.10 Demolition Upon the demolition, or removal of any Utility Service building or structure, all utility services shall be disconnected in the manner approve by the utility service provider and all private drain connections shall be properly stopped up and sealed. All excavations shall be filled to grade with clean fill. 3.11 Debris - Private Property No person shall throw, place or deposit refuse or debris on private property without the written authority of the owner or occupant of the property. 3.12 Debris - Village or County Property No person shall throw, place or deposit refuse or debris on Village property or County Property without written authority of the Village or County and where such property is occupied by a person other than the owner, without the written authority of the occupant. 3.13 Unobstructed Metea Clear, unobstructed access shall be provided and maintained to all gas, water and hydro meters and service entrance equipment inside and outside of buildings. 4.0 Sewage and Drainage 4.1 Provide For Every owner, lessee or occupant shall provide for the sanitary disposal of sewage and drainage from his or her land or building. 4.2 Keep In Repair Every owner, lessee or occupant shall keep it repair his or her private drain. 7 4.3 Alter or Relay Required Every owner, lessee or occupant shall alter or relay the private drain as may be require by the By-Law Enforcement Official. 4.4 Sewage Discharge Sewage shall be discharged into the sewerage system. 4.5 ewage Discharge Not Allowed Sewage of any kind shall not be discharged on to the surface of the ground, whether into a natural or artificial surface drainage system or otherwise. 4.6 ,;torm Water Sanitary Sewer Prohibited Storm water shall not be drained from the roof- driveway, or other surface into the sanitary sewage system. 4.7 storm Water Prohibit Pondjag Storm water shall be drained from the yard so as to prevent recurrent ponding, or the entrance of water into a basement or cellar. 4.8 Drainage on Sidewalks No roof drainage shall be discharged on sidewalks, stairs or neighboring property nor on any impervious surface within road allowance. 4.9 Natural Drainage All natural drainage, drainage males, ditches or watercourses shall be maintained as to prevent ponding and restriction of flow. 4.10 Ponds, Fences Where any pond or collection of other liquid exists in any yard and constitutes a health or accident hazard, a fence or barrier shall be erected and maintained completely around such pond or collection of water or other liquid to a height of at least 1.2 metres above the grade level at the edge of such pond or collection of water or other liquid. 4.11 i wimrning Pool Backwash Any backwash from swimming pools shall be returned to the property of the person creating the backwash. 8 0 5.0 Fences 5.1 Painted Fences shall be kept protected by paint, preservative or other weather resistant material unless the aesthetic characteristics of the fence are enhanced by the lack of such material. 5.2 Sound & Plumb Fences shall be kept in a structurally sound condition and shall be kept plumb, unless specifically designed to be other than vertical. 5.3 Good Repair Fences shall be kept in good repair and free from accident hazards. 5.4 Maximum Height No fence shall exceed 2.5 metres in height, when measured from the grade level, vertical to the topmost point of the fence. 5.5 Swimming Pools Every swimming pool, fish pond or any other collection of water or any other liquid which exceeds .5 metres in depth shall be enclosed by a fence of at least 1.2 metres in height. Such fence shall not have horizontal structural members on the side away from the swimming pool, fish pond or any other collection of water or any other liquid and must be constructed so as not to be used as a ladder allowing entry to the enclosed area 5.b Self-closing Device Every fence which encloses a swimming pool, fish pond or other collection of water or any other liquid exceeding .5 metres in depth must be equipped with a working self-closing device and also be equipped with a working self-latching device, which cannot be easily opened by a child. 6.0 Retaining Walls 6.1 Comply, O.B.C. All retaining walls shall comply with the Ontario Building Code. 6.2 Maintained All retaining walls shall be maintained in good repair and free from accident hazard. 6.3 Maintenance Without restricting the generality of Subsection 6.2 of this By-Law, the maintenance shall include: 9 i) redesigning, repairing or replacing of all deteriorated, damaged, misaligned or missing portions of the wall, or railing and guards appurtenant thereto; ii) installing subsoil drains where required to maintain the stability of the wall; iii) grouting masonry cracks; iv) applying a coating of paint or equivalent preservative. 7.0 Railings and Guardrails 7.1 Construction Maintained O.B.0 All railings, hand rails and guards shall be of sound construction, and maintained free of health, fire and safety hazards, and shall be provided in accordance with the requirements of the Ontario Building Code. 7.2 Good Repair All railings, handrails and guards shall be maintained in good repair and securely affixed or anchored. 8.0 Walks. Access. Driveways. Parking and Loading Areas 8.1 Walks Hard surfaced walks shall be provided from all entrances of every property to the street, provided that the walks may lead to a hard surfaced driveway or parking area and thus to the street. 8.2 Driveways Construction All driveways, parking areas and loading areas shall be constructed of concrete, asphalt, paving stone or crushed stone treated with emulsified asphalt or other appropriate material to provide a stable, dust free surface. 8.3 steps. Porches Maintained All steps, porches, verandas, walks, parking areas, loading areas and driveways shall be maintained in good condition, so as to afford safe passage under normal use and weather conditions. 8.4 Meter Access Clear, unobstructed access shall be provided and maintained to all gas, water and hydro electric meters and service entrance equipment inside and outside of buildings. 10 8.5 Lighting_Location All- lighting fixtures providing illumination of any parking area or loading area shall be located and aligned in such a manner,as to prevent a nuisance to occupants of adjoining properties. 8.6 snow. Ice. Dirt. Litter Removal The occupant and where there is no occupant, the owner or person having charge, care or control of any building or lot fronting any street or part of a street shall remove and clear away and keep removed and cleared away all snow, ice, dirt and litter from the sidewalk on the side of such street which is nearest to such building or lot. 8,7 Refusal To Remove If any person who is required by paragraph 8.6 of this By-Law to remove snow and/or ice from the sidewalks of the street adjoining his or her premises refuses or neglects to remove or clear away the same within the first four (4) hours of daylight after any fall- of snow or fall of hail or rain which freezes on the said sidewalks or refuses or neglects to remove dirt or litter from same, and neglects or refuses to do so for twenty- four (24) hours after receiving notice from the Superintendent of Works to carry out this then said person shall be deemed to be in default of this By-Law and the Works Superintendent may cause such snow, ice, dirt or litter to be cleared away and removed at the expense of such person. In the case of non- payment of such expense, the same shall be recovered in like manner as municipal taxes pursuant to Section 326 of the Municipal Act, R.S.O. 1990, Part XIX. 8.8 No Default For Four Hours Notwithstanding paragraph 8.7 of this By- Law, if in the judgement of the Works Superintendant the snow and ice required to be cleared and removed is frozen such that it cannot be removed without damage to the sidewalk or pavement, then such person required to clear and remove such snow and ice shall not be deemed to be in default of this By-Law until the expiration of four (4) hours of daylight from the time when such snow and ice shall become capable of being removed without damage being caused in its removal. 9.0 aims 9.1 Maintaine4 Signs shall be maintained: i) so as not to cause any unsafe condition; ii) in a vertical plane unless otherwise erected and approved, in which case such sign shall be maintained as erected and approved; iii) without any visible deterioration of the sign and its structure when viewed from any property ether than the property on which the sign is situated; and iv) in conformance with the requirements of the sign by-laws of the municipality. ` 11 9.2 Unused Removed Signs that are unused or not cared for or discarded shall be removed from the property or shall be stored within a building. 10.0 Lighting. Lighting Fixtures and Light Standards 10.1 As Per Code All exterior lighting, lighting fixtures and light standards shall be constructed, erected and installed in accordance with the Ontario Electrical Code and maintained free of health, fire and safety hazards. 10.2 Maintained All exterior lighting, lighting fixtures and light standards shall be maintained in good repair and securely affixed or anchored. 11.0 Accessory Buildings 11.1 Resisting Loads All accessory buildings shall be capable of O.B.C. resisting the loads that may be applied thereto as a result of use in accordance with the requirements of the Ontario Building Code. 11.2 Anchored All accessory buildings shall be properly anchored as to prevent said buildings from being damaged by the force of the wind and weather. 11.3 Good Repair An accessory building shall be kept in good repair, and free from health, fire and accident hazards. 11.4 aterior Weather Resistant The exterior of an accessory building shall be weather resistant, and where necessary this shall be accomplished by the use of weather resistant materials. 11.5 insects Rodents Where an accessory building or a yard may harbour noxious insects or rodents, all necessary steps shall be taken to eliminate such insects or rodents, and to prevent their reoccurrence. 11.6 Not Maintained Where an accessory building is not maintained in accordance with these standards, it shall be removed from the property. 12 11.7 swimming Pools. Drainage Swimming pools shall be maintained in good repair, free of leaks. Swimming pools shall be drained to the street or directly to a storm sewer system when being drained or emptied, and shall not be drained onto adjacent properties. The backwash from pool filters shall be drained to either a sanitary or a storm sewer or may be spread on lawn areas provided seepage therefrom does not affect adjacent properties. 11.8 Pool Obstructing Drainage No person shall- construct, install or erect any swimming pool on any property which will or may, in any manner, alter the existing drainage of water upon, in, along or through such property so as to obstruct the drainage of such property or obstruct the drainage of any adjacent property or create ponding upon any property. 12.0 Garbage Receptacles 12.1 Provided With Every building and every dwelling unit within a dwelling shall be provided with sufficient receptacles to contain all garbage, rubbish and ashes. 12.2 storage Removal Garbage and refuse shall be promptly stored in receptacles and made available for removal in accordance with the applicable By-Law for the Corporation, and all amendments thereto. 12.3 Outside Receptacles Outside receptacles shall be: i) made of water tight construction; ii) provided with a cover adequate to prevent the escape of garbage and; iii) maintained in a clean state. 12.4 Inflammable Matrial& Materials of an inflammable nature shall be safely stored or removed at once from the property. 12.5 Rodents Insects Garbage in garbage storage areas shall be kept rodent and insect free at all times and methods used for exterminating rodents or insects or both, shall conform with generally accepted practice. 12.6 Paper Bags Unacceptable Paper bags of any type shall not be considered as acceptable receptacles. 13 12.7 Paper Bags In Receptacles Bags as set out in Section 12.6 of this By-Law, when used to contain garbage, shall be placed in receptacles as prescribed by Sections 12.1 through 12.6 of this By-Law inclusive 13.0 Pest Prevention 13.1 Free Of A building shall be kept free of rodents (other than those kept as pets in wire cages), vermin and insects at all times, and methods used for exterminating rodents, vermin and insects shall be in accordance with the provisions of the Environmental Act and regulations thereunder made, as amended, or its successor. 13.2 Screens A basement or cellar window habitually used for or required for ventilation, and any other opening in a basement or cellar that might permit entry of rodents, vermin or insects shall be screened with wire mesh or other material as will effectively exclude rodents, vermin and/or insects. 13.3 Openings Protected All openings in basements or cellar, including floor drains shall be protected to prevent the entrance of rodents, vermin and/or insects. 14.0 Fire Safety 14.1 Fire Code Applies The Ontario Fire Code applies to all ,existing buildings, structures and premises with respect to fire safety standards. 14.2 Unsafe Conditions Unsafe conditions on property shall be abated forthwith to the satisfaction of the Property Standards Officer. 14.3 O.B.C. Applies Where there is a condition on the property which is unsafe, the Ontario Building Code shall apply to the extent necessary to abate the unsafe condition. 14.4 Abating Unsafe -Condition& Without limiting the generality of Sections 14.2 and 14.3 of this By-Law, abating of an unsafe condition includes: i) the provision or repair of stairs, balustrades, railings, guards and screen so as to minimize the risk of accident, ii) removal of garbage, refuse and pests such as rodents, vermin, termites and injurious 14 insects, iii) the elimination of other conditions which may be a hazard to life or which rislz serious injury to persons normally in or about the subject building, 11 {loon area, suite of rooms, room, space or property. 15.0 Foundations 15.1 All S truc tures Every structure shall be supported by a foundation capable of safely supporting its design load. 15.2 Maintained The foundation and the basement, cellar or crawl space floor of a dwelling shall be maintained in good repair and structurally sound as to prevent the entrance of moisture and rodents, and where necessary shall be so maintained by shoring of the walls, installing subsoil drains at the footings, grouting masonry cracks, and waterproofing the walls or floor. 15.3 Waterproofed. Damp-proofed Foundation walls shall be waterproofed or damp proofed to prevent the entry of moisture or water into a basement, cellar or crawl space. 15.4 Concrete Floor A basement or cellar shall have a concrete floor, or an approved equivalent. 15.5 No Cracks A floor in a basement or cellar shall be free from major cracks, breaks or such as may create a hazardous condition. 15.6 Drainage Every basement, cellar or crawl space in a building shall be adequately drained. 16.0 Condition of Building 16.1 5ound Condition Every part of a building shall be maintained in a structurally sound condition so as to be capable of sustaining safely its own weight, and a load to which it normally may be subject. 16.2 Repairs Materials which have been damaged or show evidence of dry rot or other deterioration shall be repaired or replaced in a professional manner. 15 16.3 Loose Objects Exterior walls, roofs and other parts of the building shall be free from objects or materials which have become loose or insecure. Such objects or materials shall be removed, properly secured or replaced. 16.4 Protection All exterior exposed surfaces not inherently resistant to deterioration shall be periodically treated to protect them from deterioration or weathering. 16.5 engineer Report Ordered If upon inspection, the Chief Building official is not satisfied that the structural capacity of any part of a building meets the standards, required to establish structural capacity, the submission of a report, prepared, sealed and signed by a professional engineer who is qualified in this field and licensed by the Association of Professional Engineers of Ontario may be ordered by the Chief Building Official, the cost of said report to be paid by the owner of said building. 17.0 Maintenance 17.1 Floors etc. Every floor, exterior wall, roof and porch or appurtenance thereto shall be maintained so as to prevent collapse of the same or injury to the occupants of the dwelling, or to the public. 17.2 Walls etc. The exterior walls of a dwelling and their components shall be maintained so as to prevent their deterioration due to weather and insects, and where necessary shall be so maintained by the painting, restoring or repairing of the walls, coping or flashing, by the waterproofing of joints and of the walls themselves by the installing or repairing of termite shields, and by the treating of the soil with poison. 17.3 Roof etc. The roof of a dwelling shall be maintained in a watertight condition as to prevent leakage of water into the dwelling, and where necessary shall be maintained by the repair of the roof and flashing, or by applying waterproof coatings or coverings. 17.4 Defacements Appropriate measures shall be taken to remove any defacements occurring on the exposed finished exterior surfaces and where necessary, to restore the surface and adjacent areas to, as near as possible, their appearance before the markings, stains or defacements occurred. 16 7.5 Clean Windows Glazed doors, windows and other transparent surfaces shall be kept reasonably clean. 17.6 Fire Damage A building damaged by fire or other causes ohall be repaired to its original condition and as may otherwise be required by this By-Law, ur the building shall be demolished or the damaged portion removed and the property left in a graded, level and tidy condition. 17.7 Unoccupied Builth .g Nothing in this section shall be construed as preventing doors, windows and other openings in the exterior of an unoccupied building from being protected from damage or to prevent entry, for such time as a building remains unoccupied. 17.8 Protection Materials Materials used for protection in accordance with Subsection 17.7 of this By-Law shall be afforded an application of paint, varnish or other approved colouring or preservative on the exterior, to maintain an appearance commensurate with the surrounding environment. 17.9 Insulation All exterior walls and roof areas shall be maintained with insulation as set out in the Regulations pursuant to the Ontario Building Code or as approved by the Chief Building Official. 17.10 Eavestrougp. All evestroughs, roof gutters and downpipes shall be kept in good repair and free from obstructions. 17.11 per! All interior floors, ceilings and walls shall be kept free from dampness. 18.0 Weather Proofing 18.1 Maintained Windows, exterior doors and basement or cellar hatchways shall be maintained in good repair so as to prevent the entrance of wind and rain into the building, and rotted or damaged doom, door frames, sashes and casing shall be renewed, and defective door and window hardware, weather stripping and broken window glass shall be replaced within reasonable time. 18.2 Storm Windows Storm windows and doors shall be installed in all dwellings and be kept in a good state of repair. • 17 • 18.3 Glazed Where storm windows or doors are installed in a dwelling, such windows or doors shall be kept in good repair and glazed. 18.4 Not Apply Sections 18.2 and 18.3 of this By-Law do not apply to doors and sliding doors which are designed to be installed without storm doors and meet "the thermal requirements of the Ontario Building Code. 18.5 Protected When an opening is used or required for ventilation or illumination and is not required to be protected by a door, window or similar closure it shall be protected with a: i) wire mesh screen, metal grille or other equivalent durable material; or ii) other protection so as to effectively prevent the entry of rodents, vermin and/or insects. 18.6 Window hardware All windows intended to be opened and all exterior doors shall have hardware so as to be capable of being locked or otherwise secured. 18.7 Dead Bolts Doors which allow access to or egress from a dwelling unit with an apartment dwelling, shall be provided with a dead bolt lock, which cannot be accidentally locked against entry by the closing of the door. 18.8 Unoccupied Building In an unoccupied building only exterior doors, windows, including storm and/or screen windows, shutters and hatchways need comply with Section 18 (Weather Proofing) of this By-Law. 19.0 ,S tairs. Porches. Verandas. Balconies. Decks 19.1 Maintained Every stair, landing, porch, veranda, balcony or deck shall be maintained in good repair, free from conditions which may create a health, fire or safety hazard. 19.2 Handrails etc.. O.B.C. Handrails, railings and guards shall be of sound construction and maintained free of health, fire and safety hazards, and shall be provided in accordance with the requirements of the Ontario Building Code. 18 19.3 Anchored All railings, hand rails and guards shall be maintained in good repair and securely affixed or anchored. 19.4 Unoccupied Building Floors, stairs, verandas, porches, decks, loading docks, balconies and every appurtenance attached thereto within the exterior walls of an unoccupied building are exempt from the requirements of this Section (Section 19 of this By-Law). 20.0 Walls and Ceiling 20.1 Maintained Every wall and ceiling shall be maintained in good repair, free of conditions which may create a health, fire or safety hazard. 20.2 Sound O.B.C. Where sound transmission ratings are required in accordance with the provisions of the Ontario Building Code, they shall be maintained in good repair. 20.3 Fire Prevention Where noncombustible construction, fire separations, firewall,, fire resistance ratings and other fire prevention measures are required in accordance with the provisions of the Ontario Building Code, or the Ontario Fire Code, they shall be maintained in good repair. 21.0 Floors 21.1 Maintained Every floor shall be maintained in good repair free from all conditions which may create a health, fire or safety haiard. Finished flooring shall have a surface that is smooth, even and free from roughness or open defects. 21.2 Water Resistance Finished flooring in bathrooms, kitchens, public entrance halls, laundry and general storage areas shall consist of resilient flooring, felted-synthetic-fibre floor coverings, concrete, terrazzo, ceramic tile, mastic or other types of floorings providing similar degrees of water resistance. 21.3 Beams etc Repaired Where beams, beam supports, columns, floor joists, etc., have been cut or are cracked due to various conditions, these shall be repaired or supported so that the floor load is adequately supported. 19 22.0 Cleanliness 22.1 Maintained Sanitary Every floor, wall, ceiling and fixture shall be maintained in a clean and sanitary condition and every property shall be kept free from rubbish, debris or conditions which may create a health, fire or safety hazard. 23.0 Water Supply 23.1 Provided Every property, the use or occupancy of which requires a water supply, shall be provided with an adequate supply of potable water from a public or private water supply approved by the Medical Officer of Health. 23.2 Connected Where an approved public or community water supply is available, every dwelling unit shall be connected thereto. 23.3 Hot & Cold Water Where a piped water supply is available, piping for hot and cold water shall be connected to every kitchen sink, lavatory, bathtub, shower, slop sink and laundry area and piping for cold water shall be run to every water closet and hose bib. 23.4 Water Temperature Every water heater installed for the purpose of supplying hot running water to the occupants of a property shall be capable of heating water to a temperature of plus 49°C. (120°F.) 24.0 Plumbing Systaa 24.1 Maintained The plumbing system in every building shall be maintained in good repair and working order, free from leaks and conditions which may cause a health hazard. 24.2 Freezi All water pipes and appurtenances thereto shall be protected from freezing. 24.3 Traps All plumbing fixtures shall be connected to discharge to the municipal sewerage system or to an approved private sanitary system through water seal traps. 24.4 Vents & Cleanouts All plumbing fixtures shall be provided with adequate vents and cleanouts. 20 • 24.5 O.B.C. part 7 Notwithstanding anything herein contained, the provisions of the Ontario Building Code, Part 7 (Plumbing) shall apply. • 25.0 $equired Facilities 25.1. Every Dwelling Every dwelling unit shall be provided with kitchen sink, wash basin, bathtub or shower and water closet, which shall be connected to a piped water supply and discharge to the building sewer. 25.2 laundry Facilities Laundry facilities or a space for laundry facilities shall be provided in every dwelling unit, or grouped elsewhere in the building in a location conveniently accessible to occupants of every dwelling unit. 25.3 O.B.0 Required facilities for all other occupancies shall conform to the provisions of the Ontario Building Code or with the appropriate regulations for the specific occupancy enacted pursuant to the Ontario Regulation therefore, whichever is more demanding. 26.0 Bathrooms. Washrooms and Toilet Rooms 26.1 Privacy All bathrooms, washrooms and toilet rooms shall be fully enclosed to provide privacy and shall be located that access thereto does not require passing through any other dwelling unit, or through an open area or an unheated area or corridor, and shall be located within and accessible from within the building. 26.2 Wash basin Water Closet Awash basin shall be located in the same room as the water closet. 27. 0 Ktchens 27.1 Every Dwelling Every dwelling unit shall contain a kitchen area equipped with a sink served with piped hot and cold water supply, storage facilities, a counter top work area and space for a stove and refrigerator. 21 • 27.2 Impervious Surface Every kitchen sink shall be provided with an adequate, impervious surfaced, splash back and drain board. 27.3 Energy Source Every kitchen shall be provided with an adequate, approved energy source. 27.4 Clearance A minimum of 0.7 metres clear apace shall be provided above any exposed cooking surface. 27.5 Fireproof Materials All materials immediately beneath or within 0.3 metres of an exposed cooking surface shall be of fireproof material, provided that where such surface cooking equipment has been installed in accordance with the manufacturers' specifications, the same shall suffice. 27.6 Eichaudijag All cooking equipment requiring exhausting to a chimney or flue shall be connected thereto by rigid connections in conformity with manufacturers' specifications. 27.7 Maintained All energy sources, plumbing, counters, storage cupboards and other fixtures shall be maintained in good repair. 28.0 Heating System& 28.1 jnialised Residential buildings shallbe insulated and equipped with heating facilities together capable of maintaining an indoor temperature of 22 0 C. (72c)F.) at 1.5 metres above floor level and 1.0 metres from exterior walls in all habitable rooms, bathrooms and toilet rooms. 28.2 Temperature Heating facilities shall be provided which shall be capable of maintaining a temperature not less than 18.5 0 C. (65 f.) in an unfinished basement or cellar in buildings of residential occupancy. Crawl spaces need not be heated. 28.3 Other Buildings All other buildings shall be insulated and equipped with heating facilities both sufficient to maintain the desired indoor air temperature commensurate with the use of the building at the outside winter design temperature determined in accordance with the provisions of the Ontario Building Code. 22 28.4 Heating Days Heating to the standards set forth herein shall be provided and maintained from the 15th day of September in each year until the 31st day of May of the following year. 28.5 Protection From Freezing Equipment forming part of a heating or air- conditioning system, that may be adversely affected by freezing temperatures and which is located in unheated areas shall be adequately protected from freezing. 28.6 Maintained The heating system required herein shall be maintained in good working condition so as to be capable of heating the dwelling andJor dwelling unit safely to the required standard. 28.7 O.B.C. All heating systems shall be constructed, equipped and installed to conform to the provisions of the Ontario Building Code. 28.8 Location No heating appliance shall be installed or placed so as to create a fire hazard, nor to impede the free movement of persons within the room where the heating appliance is located, nor located in corridors, hallways or other means of egress and impede the free movement of persons. 28.9 Not Installed In Exits Fuel-fired appliances shall not be installed in any exit or any corridor serving as access to exit. 28.10 ,Service Rooms O.B.C. Service room or service space, separated from the remainder of the building by fire separations, shall be provided and constructed to conform to the provisions of the Ontario Building Code, and shall be maintained in good repair. 28.11 Rigid Pipg All heating equipment requiring exhausting to a chimney or flue shall be properly connected thereto by rigid piping installed in conformity with the manufacturers' specifications. 28.12 flexible Connections Rigid connections shall be installed between any equipment burning gaseous fuel and the supply line, except that an approved flexible connection not more than 0.6 metres long may be installed to permit cleaning behind an appliance used for cooking. 23 28.13 Combustion Air supply Any room which contains a heating unit for a central heating system shall be provided with a natural or mechanical means of supplying combustion air for such heating unit. The amount of combustion air will be determined in accordance with good practice and the manufacturers' specifications. 28.14 Fuel Storage Any heating system or part thereof or any auxiliary heating system that is designed to burn solid or liquid fuel shall be provided with a properly constructed receptacle for fuel storage or a place for storage located so as to be free from fire or accident hazard. 28.15 Oil-Fired Systems All oil-fired heating systems, including space heaters, shall conform to the manufacturers' specifications. 28.16 Gas-Fired Systems All gas-fired heating systems, including space heaters, shall conform to the Gas Utilization Code and Ontario Regulations in effect from time to time pursuant to the Energy Act. 29.0 Chimneys. Flues. Smoke Pipes 29.1 Venting Any mechanism, equipment or structure used in the process of burning fuel or combustible material, shall be properly vented to the outside air, by means of a smoke pipe, flue, chimney or other appropriate and adequate device, conforming with the manufacturers' specifications and approved by the Chief Building Official. 29.2.1 Maintained Every chimney, smoke pipe, flue and gas vent shall be maintained so as to prevent gasses from leaking into a building. 29.2.2 Every chimney, smoke pipe, flue and gas vent shall be kept clear of obstructions, all open joints shall be sealed and all broken and loose masonry shall be repaired. 29.3.1 Maximum Temperature Every chimney, smoke pipe, flue and gas veny shall be installed and maintained so that under all conditions of use, the temperature of any combustible material adjacent thereto insulated therefrom or in contact therein, does not exceed a temperature of seventy-one (71) degrees Celsius (one hundred and sixty degrees (160) Fahrenheit). ° 24 29.3.2 Fireplaces and similar construction used or intended to be used for burning fuels in open fires shall be connected to approved chimney and shall installed so that nearby or adjacent combustible material or structural members shall not be heated so as to exceed a temperature of seventy-one (71) degrees Celsius (one hundred and sixty degrees (160) Fahrenheit). 30.0 Electrical Services and Lighting 30.1 Every Dwelling Every dwelling and every dwelling unit shall be wired for electricity and lighting equipment shall be installed throughout. 30.2 Outlets Every habitable room shall contain at least two (2) electrical duplex convenience outlets where the floor area does not exceed ten square metres (10 sq.m.). For each additional ten square metres (10 sq.m.) of floor area or part thereof, one (1) additional duplex outlet shall be provided. 30.3 Light Fixtures An electrical light fixture shall be installed in every bathroom, toilet room, laundry room, furnace room, kitchen, hallway, interior and exterior stairway and landing. 30.4 Fuses Fuses or overload devices shall not exceed limits set by Ontario Hydro. 30.5 Extension Cords Extension cords which are not part of a fixture shall not be permitted on a permanent basis. 30.6 Maintained O.B.C. All lighting, including exit lighting and emergency lighting shall conform to the provisions of the Ontario Building Code and shall be maintained in good working order. 30.7 Maintained Ontario Hydro All electrical wiring and all electrical fixtures located or used in a building shall be installed and maintained in good working order and in conformity with the regulations of the Ontario Hydro. 31.0 Light for Dwellings and Dwelling Units 31.1 Madan Every habitable room except for a kitchen shall have a window or windows, sky-lights or 25 translucent panels that face directly to the outside at least 15 centimeters above the adjoining finished grade with an unobstructed light transmitting area of not less than ten (10) percent of the floor area of such rooms. The glass area of a sash door may be considered as a portion of the required minimum window area of the room. 31.2 Not A Window Whenever walls or other portions of structures are located on the outside less than one (1) meter from a window, such window shall not be deemed to face directly to the outside and shall not be included as contributing to the required minimum window area of the room. 31.3 Halls and Stairs All common halls and stairs shall be adequately lighted at all times by the owner. 32.0 Ventilation for Dwellings and Dwelling Unita 32.1 Every Habitable Room Except as herein provided, every habitable room shall have an opening or openings for natural ventilation from outside. Such opening or openings shall have a minimum aggregate unobstructed area of 0.3 square metres and shall be located in the exterior wall or through openable parts of sky-lights. 32.2 Bathrooms Except as herein provided, every bathroom or room containing a water closet shall be provided with an openable window or openings for natural ventilation located in an exterior wall or through openable parts of sky-lights and all such openings shall have a minimum aggregate unobstructed area of 0.1 square metres. 32.3 Natural Ventilation Omitted Where a system of mechanical ventilation has been provided, an opening for natural ventilation from a bathroom or toilet room may be omitted. 32.4 Maintained All systems of mechanical ventilation shall be maintained in good working order. 32.5.1 Mechanical Ventilation The natural ventilation requirements prescribed in Sections 32.1 and 32.2 of this By-Law may be omitted from any room where adequate mechanical ventilation equipment which is capable of changing the air four (4) times each hour is provided. 32.5.2 Q.B.C. All mechanical ventilation shall conform to the provisions of the Ontario Building Code. 26 • • • 32.6 Protection Openings for all natural ventilation, other than windows, shall be constructed to provide protection from the weather and insects and screening shall be of rustproof material. 32.7 Basements. Cellars and Unheated Crawl Spaces Every basement, cellar and unheated crawl space shall be adequately vented to the outside air by means of windows which can be opened or by louvers with screened openings, the area of which shall not be less than one (1) percent of the floor area.. Windows in basements, cellars and unheated crawl space shall be screened with rust proof material to provide protection from insects. 33.0 Air Conditioners and Air Conditioning Systems 33.1 Installation All air conditioners and air conditioning systems shall be securely mounted and installed in accordance with manufacturers' specifications. 33.2 Maintained All air conditioners and air conditioning systems shall be maintained in good repair, free from conditions which may constitute a health, fire or safety hazard. 34. Occupancy Standar 34.1.1 Maximum Residents The maximum number of persons residing in a dwelling or dwelling unit shall not exceed one (1) person per ten square metres (10 sq. m.) of total floor area of habitable room or rooms. Computing Persons Por the purpose of computing the maximum number of persons referred to in Section 34.1.1 I of B Law, any child under one (1) year of age shall not be counted, and any child of more one (1) year of age but *der twelve (12) years of age shall be deemed one-half (1/2) person, persons twelve (12) ye4rs of age or over shall be counted as one (1). _ 34.2 orlirea Nowt ted The floor area under a ceiling which is less than two metres (2 m.) in height shall not be included for-the purpose of computing the habitable room floor area referred to in Section 34.1.1 of this By-Law. 34.3 Bedroom Minimum Size No room in a dwelling unit shall be used for sleeping purposes unless the room has a minimum width of 1.8 metres and a minimum floor area of 5.6 square metres. At least one- 27 • half(1/2) of the required minimum floor area shall have a ceiling height of 2.3 meter. Any part of the floor having a clear height of less than 1.4 metres shall not be considered in computing the required floor area. 34.4 Fire Resistance rating Notwithstanding any other requirement contained in this By-Law, all walls and ceilings in habitable rooms in dwellings or dwelling units shall be clad with a material giving a minimum fire resistance rating of thirty (30) minutes. All walls and ceilings in other buildings shall be clad with materials Providing the minimum fire resistance rating required for their respective group-and division of occupancy classification in compliance with the regulations under the Ontario Building Code. 34.E Requirements for Basement Rooms No basement or cellar space shall be used as a habitable room unless in addition to the requirements of Section 34.2 and 34.3 of this By-Law, it also meets the following requirements: i) floors and walls are so constructed as to be impervious to underground and surface run-off water and are damp proofed, and ii) the habitable room meets all requirement for light, ventilation and ceiling height set out in this By-Law, and iii) each habitable room shall be separated from heating equipment, or other equally hazardous equipment by a Partition having a fire resistance rating of at least one (1) hour. All other walls and ceilings in habitable rooms shall be clad with a material giving a minimum fire resistance rating of thirty (30) minutes, and iv) access to each habitable room shall be gained without passage through a furnace or boiler room. 35.0 Fire Protection 35.1 Egress Means of egress from all buildings shall be provided in conformity with the provisions of the Ontario Building Code. Without limiting the generality of the foregoing, means of egress shall include their number, location, dimensions, flame spread ratings, fire resistance ratings, fire protection ratings, stairs, handrails and guards, removal of obstructions and hazards, travel distances, type, construction and direction of swing of doors, lighting, exit lighting, emergency lighting and access to exits. 28 35.2 Fire Protection Fire protection for all buildings shall be provided in conformity with the provisions of the Ontario Building Code. Without limiting the generality of the foregoing, fire protection shall include noncombustable construction, flame spread ratings, fire resistance ratings, fire protection ratings, permitted openings, firewalls, fire separations, fire dampers, fire stops, fire alarm systems, sprinkler systems, heat detectors, smoke detectors, smoke alarms and fire fighting access to and within buildings 35.3 rnoke Alarms Without limiting the generality of Sections 35.1 and 35.2 of this By-Law, in all buildings of residential occupancy, smoke alarms shall be provided and installed by the owner, smoke alarms shall be installed: i) on or at the ceiling level in the corridor of each floor adjacent to each stairway and on the ceiling in the basement adjacent to each stairway, and ii) in the ceilings of a hallway or corridor leading to the bedrooms in the dwelling unit, in a location where the alarm is audible within all bedrooms when the doors are closed, or iii) in the case of a boarding house, lodging house and private rest house in which the residents do not require nursing care, and where three or more persons are provided sleeping accommodations in one bedroom, in addition to the foregoing in the ceiling of each such bedroom. 35.4 smoke Alarms Connected Where more than one smoke alarm is required in a dwelling unit, the smoke alarms shall be wired so that the activation of one alarm will cause all alarms within the dwelling unit to sound. 35.5 Maintained All fire protection construction, components thereof, appliances and equipment shall be maintained in good'repair and in good operating condition. 36.0 Responsibility of Occupant 36.1 shall Comply The occupant of the property shall, in respect of that part of any property which he or she occupies and controls, comply with all of the standards prescribed in this By- Law and shall: i) j.unit Occupancy Ontario Fire Code limit occupancy of that part of the premises which he or she occupies or controls to the maximum permitted for the type of occupancy in use, in accordance with the provisions of 29 • the Ontario Fire Code ii) Maintain Fixtures maintain all plumbing, cooking, refrigeration, heating, ventilation and other fixtures, appliances, building equipment and storage facilities in the part of the premises which he or she occupies or controls in a clean and sanitary condition, and shall exercise reasonable care in the operation and use thereof; iii) Hazards maintain that part of the premises which he or she occupies or controls free from conditions which constitute a health, fire or safety hazard; iv) Exits keep all exits clean and unencumbered; v) Gam dispose of all garbage and refuse in receptacles approved for use in accordance with the by- laws of the Corporation and, upon the day of the week appointed for collection from his or her premises, place such receptacles adjacent to the travelled portion of the street, or where collection is conducted upon a public lane or alley, adjacent thereto, and following the emptying of receptacles by the collector the occupant shall return them to his or her premises. Where collection is undertaken by contract, the occupant shall at all times place all garbage and refuse in receptacles approved for use in accordance with the by-laws of the Corporation, within the storage bin, container or other facility provided for that purpose, and shall maintain such locations and facilities in a clean and sanitary condition; vi) Prevention of Litter provide appropriate covered receptacles for disposal of garbage and refuse which may be discarded by customers and other persons upon the premises, at such locations on the premises as may be required to prevent littering; vii) Free of Rodents maintain that part of the premises which he or she occupies or controls free of rodents, vermin and insects; viii) Yards maintain those yards which he or she occupies or controls, or- portions hereof, free of conditions which constitute a health, fire or safety hazard. 30 • 37.0 Responsibility of Ownez 37.1 Shall Comply The owner of every property shall: i) comply with all of the standards prescribed in this By-Law; ii) not permit any person to use or occupy any property owned by him or her unless such property conforms to the standards prescribed in this By-Law; iii) comply with all lawful orders of a Property Standards Officer, within such time and in such manner as specified therein. 38. Property Standards Committee 38.1 Established and Composition 38.1.1 A Property Standards Committee is hereby established consisting of three persons eligible to be electors of the Corporation appointed by Council. 38.1.2 Members of the committee shall hold office for three years and until their successors are appointed, and are eligible for reappointment and, when a member ceases to be a member before the expiration of his or her term, the council shall appoint another person for the unexpired portion of the term. 38.1.3 An employee of the Corporation or of a local board thereof is not eligible to be a member of the committee. 38.1.4 Council shall have the right to terminate an appointment to the Property Standards Committee where Council determines it is in the public interest. 38.2 38.2.1 Remuneration The members of the committee shall be paid such compensation as the Council may provide 38.3 Chau 38.3.1 The members of the committee shall elect one of themselves as chair, and when the chair is absent through illness or otherwise, the committee may appoint another member as acting chair and shall make provision for a secretary for the committee, and any member of the committee may administer oaths. 31 • 38.4 Documents 38.4.1 The secretary shall keep on file in the Office of the Clerk minutes and records of all applications and the decisions thereon and of all other official business of the committee. 38.4.2 The Clerk as appointed by By-law shall be the Secretary of the Property Standards Committee. 38.5 Procedures 38.5.1 A majority of the committee constitutes a quorum. 38.5.2 The committee may adopt its own rules of procedure. 38.5.3 Before hearing an appeal under section 14.3.1, the Committee shall give notice or direct that notice be given of such hearing to such persons as the committee considers should receive such notice. 39. Property Standards Officer 39.1.1 For the purpose of the administration and enforcement of this by-law, the office of Property Standards officer is hereby created, and the person appointed from time to time to this office shall be responsible for the administration and enforcement of this by-law subject to review by the foregoing committee. 39.1.2 The Chief Building Official as appointed by By-law shall be the Property Standards Officer. 40.0 Inspection. Notices and Remedies 40.1.1 Ipspectiou Subject to Section 14.1.2, the Property Standards Officer and any person acting under his or her instructions may, at all reasonable times and upon producing proper identification, enter and inspect any property. 40.1.2 Except under the authority of a search warrant issued under Section 158 of the Provincial Offenses Act, R.S.O. 1990, c. P.33., an officer or any person acting under an officer's instructions shall not enter any room or place actually used as a dwelling without requesting and obtaining the consent of the occupier, first having informed the occupier that the right of entry may be refused and entry made only under the authority of a search warrant. 32 40.2.1 Notices If, after inspection, the officer is satisfied that, in some respect, the property does not conform to the standards prescribed in the by-law the officer shall serve or cause to be served by personal service upon, or send by prepaid registered mail to the owner of the property and all persons shown by the records of the registry office, and the sheriff's office to have any interest therein a notice containing particulars of the nonconformity and may at the same time, provide all occupants with a copy of such notice. The notice shall also set forth: 40.2.1.1 The date, time and place of a hearing to be held by the Property Standards officer to determine what action must be taken with respect to the dwelling, and informing the owner that he or she or the owner's representative is entitled to appear at the said hearing and make such representations and present such evidence as the owner so desires and that in the event that the owner does not appear at the said hearing a decision may be made by the Property Standards Officer in the owner's absence. 40.2.2 The said notice may also contain any other information that the Property Standards officer deems necessary. 40.2.3 The hearing referred to in subsection 14.2.1.1 of this by-law shall take place not sooner than seven days and not later than thirty days after the mailing of the said notice to the owner. 40.2.4 After affording any person served with a notice provided for by subsection 14.2.1 an opportunity to appear before the officer and to make representations in connection therewith, the officer may make and serve or cause to be served upon or send by prepaid registered mail to such person an order containing: 40.2.4.1 The municipal address or the legal description of such property; 40.2.4.2 Reasonable particulars of the repairs to be effected or a statement that the site is to be cleared of all buildings, structures, debris or refuse and left in a graded and levelled condition and the period in which there must be compliance with the terms and conditions of the order and notice that, if such repair or clearance is not so done within the time specified in the order, the municipality may carry out the repair or clearance at the expense of the owner; and 40.2.4.3 The final date for giving notice of appeal from the order. 40.2.5 Notice to be Sent to Last Know Address A notice or order under subsection 40.2.1 or 40.2.4 when sent by registered mail shall be sent to the last known address of the person to whom it is sent. ` 33 I 40.2.6 If the officer is unable to effect service under subsection 40.2.1 or 40.2.4 the officer shall place a placard containing the terms of the notice or order in a conspicuous place on the property, and the placing of the placard shall be deemed to be sufficient service of the notice or order on the owner or other persons. 40.3 Appeals To Committee 40.3.1 When the owner or occupant upon whom a notice has been served in accordance with section 40.2.4 is not satisfied with the terms or conditions of the order, the owner or occupant may appeal to the committee by sending notice of appeal by registered mail to the secretary of the committee within fourteen days after service of the order, and, in the event that no appeal is taken, the order shall be deemed to have been confirmed. 40.3.2 Decision on Appeal Where an appeal has been taken, the committee shall hear the appeal and shall have all the powers and functions of the officer and may modify or quash it or may extend the time for complying with the order provided that, in the opinion of the committee, the general intent and purpose of the by-law and of the Official Plan are maintained. 40.3.3 Appeal to Judge The municipality in which the property is situated or any owner or occupant or person affected by a decision under section 40.3.2 may appeal to a judge of the Ontario Court (General Division) by so notifying the Clerk of the Corporation in writing and by applying for an appointment within fourteen days after the sending of a copy of the decision, and, 40.3.3.1 The judge shall, in writing, appoint a day time and place for the hearing of the appeal and in the appointment may direct that it shall be served upon such persons and in such manner as he or she prescribes; 40.3.3.1 The appointment shall be served in the manner prescribed by the judge; 40.3.3.3 The judge on such appeal has the same powers and functions as the committee. 40.4 Registration of Ordet The order under subsection 40.2.4 may be registered in the proper registry or land titles office, and, upon such registration any person acquiring any interest in the lana subsequent to the registration of the order shall be deemed to have been served with the order on the date 34 t • on which the order was served under subsection 40.2.4 and, when the requirements of the order have been satisfied, the Clerk of the Corporation shall forthwith register in the proper registry or land titles office a certificate that such requirements have been satisfied, which shall operate as a discharge of such order. 40.5 Compliance with an Order 40.5.1 Where an order has been sent under Section 40.2.4 the owner of the property shall repair and maintain the property to the satisfaction of the officer in accordance with the Particulars of the repairs set forth in the order. 40.5.2 Subject to section 40.5.1, where the maintenance of any property affected by this by-law is by the written terms of a lease or an agreement for occupancy made the responsibility of the occupant, the Property Standards officer may, require the occupant to repair and maintain, the property to the satisfaction of the Property Standards Officer in accordance with the particulars of the repairs set forth in the order. 40.5.3 The Property Standards Officer may issue a Notice prohibiting the use of property that does not conform to standards. 40.5.4 The Property Standards officer may cause to be placed in a prominent position on the exterior of any building which does not conform to the standards contained in this by-law a placard stating that such a dwelling does not conform to the minimum standards set out in this by-law, and in what particulars it fails to conform to the standard and no person shall pull down or deface any such placard. 40.6.1 Power of the Corporation to Repair Or Demolish If the owner or occupant of property fails to demolish the property or to repair in accordance with a notice as confirmed or modified, the Corporation in addition to all other remedies: 40.6.1.1 Shall have the right to demolish or repair the property accordingly and for this purpose with its employees and agents from time to time enter in and upon the property; 40.6.1.2 Shall not.be liable to compensate such owner, occupant or any other person having an interest in the property by reason of anything done by or on behalf of the Corporation under the provisions of this section. 40 . 7 Collection of Expenses by the Municipality 40.7.1 Such matter or thing may be done by the Corporation at the expense of such person. The 35 l Corporation may recover the expense incurred in doing it by action, or the same may be recovered in like manner as municipal taxes. 40.8 Certificate of Compliance 40.8.1 Following the inspection of a property, the officer may, or on the request of the owner shall, issue to the owner a certificate of compliance if, in the officer's opinion, the property is in compliance with the standards. When such a certificate is issued at the request of the owner the fee shall be $30.00. 40.9 Penalty 40.9.1 a) Every person who contravenes any provision of the By-law is guilty of an offense and is liable to prosecution and penalty pursuant to the provisions of the Provincial offenses Act, R.S.O. 1990, c. P.33, as amended, or any successor legislation. 40.9.1 b) Every person who fails to comply with an order made pursuant to this By-law is guilty of an offense and is liable to prosecution and penalty pursuant to the provisions of the Provincial Offenses Act, R.S.O. 1990, c. P.33, as amended, or any successor legislation. 41.0.0 Repeal By-Law 90-08 and all other By-Laws directly related to this matter are hereby repealed. 36 1 • Read a first and second time this t .rteenth day of September, 1994. //it Reeve m. strator/Clerk-Treasurer Read a thir. -1" and finally ed this thi -nth day of September, 1994. R- - e i • . • inistrator/Clerk-Treasurer 37 r . 4 , • THE CORPORATION OF THE VILLAGE OF PORT BURWELL PO Box 10 21 Pitt Street Port Burwell, Ontario by BY-LAW 94-22 9 �� . 2 Being a By-Law Prescribing the Standards for the Maintenance and Occupancy of Property WHEREAS Section 31 of the Planning Act, R.S.O. 1990 c. P 13 authorizes the Council of a municipality to pass a by-law for prescribing standards for the maintenance and occupancy of property within the municipality, for requiring property that does not conform with the standards to be repaired and maintained to conform with the standard, or for the site to be cleared of all- buildings, structures, debris or refuse and left in graded and levelled condition and for prohibiting the removal from any premises of any sign, notice or placard placed therein pursuant to this by-law. Ketladi NOW THEREFORE, The Council of the Corporation of the rt ‘,o ^ -iiittrweff enacts as follows: Definitions 1.0 For the purposes of this By-Law: 1.1 Accessory Buil means a detached building which is customarily incidental and subordinate to the main use of the lot, and which is not used or intended for use as human habitation. 1.2 throgm means a room containing at least a toilet and bathtub or shower, or two rooms which contain in total at least one toilet and one bathtub or one shower. 1.3 Boom means a habitable room used for sleeping purposes. 1 • means any structure whether temporary or permanent, used or intended for sheltering any use or occupancy but shall not include a boundary wall, fence. travel trailer, camping trailer, truck camper, van, motor home or tent. 1.5 cdrah et means the Clerk of the Corporation of the $tnwell. 1.6 Committee means a property standards committee established under section 38 of this by-law. 1.7 Corporation �,- - tea -, means the Corporation of the ell 1. 8 Council means the Council of The Corporation of the Vtflage of NA-Burwell. 1.9 Dwelling means a building any part of which is capable of being used for the purpose of human habitation and includes a building that would be or is capable of being used for such purposes except for its state of disrepair and shall include any mobile dwelling unit. 1.10 Dwelling Unit means one or more rooms located within a dwelling and used or capable of being used for human habitation by one or more persons. 1.11 Fire Resistance Rating means time in hours thereof that a material construction or assembly will withstand fire exposure, as determined is a fire test made in conformity with generally accepted standards, or as determined by extension or interpretation of information derived therefrom. 1.12 Habitable Room means any room in a dwelling unit used or capable of being used or living, sleeping, cooking or eating purposes. 1. 13 Inspectou means any person designated in section 39 hereof to assist the Property standards Officer in the administration and enforcement of this by-law. 1.14 Medical Officer of Health means the Medical Officer Of Health of the Elgin/St. Thomas Health Unit. 2 1.15 Multiple Dwellings means a building containing three or more dwelling units. 1.16 Non-habitable Room means any room in a dwelling or dwelling unit other than a habitable room, and includes bathroom, toilet room, laundry, ,pantry, lobby, communicating corridor, stairway, closet, cellar, boiler room or other space for service and maintenance of the dwelling for public use, and for access to, and vertical travel between storeys. 1.17 Non-residential Property means any property or use of property designated, intended, or used for any purposes other than those of a dwelling. 1.18 Occupant means any person or persons over the age of eighteen years in possession of the property. 1. 19 Officer means the Property Standards Officer appointed by the Council of the Corporation to administer and enforce this by-law. 1.20 Ownez includes the person for the time being managing or receiving the rent of the land or premises in connection with which the word is used whether on his or her own account or as agent or trustee of any other person or who would receive the rent if such land and premises were let, and shall receive the rent if such land and premises were let, and shall also include a lessee or occupant of the property who, under the terms of a lease is required to repair and maintain the property in accordance with the standards for the maintenance and occupancy of property. 1.21 Property means a building or structure or part of a building or structure and includes the lands and premises appurtenant thereto and all mobile homes, mobile buildings, mobile structures, accessory buildings, fences and erections thereon, whether heretofore or hereafter erected, and includes vacant property. 1.22 Repair includes the provision of such facilities and the making of additions or alterations or the taking of such action as may be required so that the property shall conform to the standards established by this by-law. 1.23 Residential Property means a building or dwelling structure or part of a building or structure, and includes the 3 land and premises appurtenant thereto and all mobile homes, mobile buildings, mobile structures, outbuildings, fences and erections thereon whether heretofore or hereafter erected, and includes vacant property. 1 .24 Rubbish means any waste material, debris, refuse, litter, or articles of trash. 1.25 safe Temperature means a temperature on any inflammable surface, adjacent to a source of heat, which surface is too hot for comfort when touched by the hand when any such source of heat has been producing heat continuously for a minimum of two hours. 1.26 Sewag means any liquid waste containing animal, vegetable or mineral matter in suspension or solution, but does not include roof water or other storm runoff. 1.27 sewerage System means the Municipal sanitary sewage system or a private sewerage disposal system approved by the Medical Officer of Health. 1.28 s tandards means the standards set out in Sections 2, 3, 4, 5, 6, 7, 8, 9, 10 and 11 of this By-Law. 1.29 structure means anything constructed or erected whether located under, on or above the surface of the ground. 1.30 Toilet Room means a room containing a water closet and wash basin. 1.31 Yard means the land, other than publicly owned land, around and appurtenant to the whole or any part of a dwelling and used or intended to be used, or capable of being used, in connection with the dwelling, whether or not the )-and is owned by the owner of the building. 2.0 General Provisior1j 2.1 Application 2.1.1 All Property The provisions of this By-Law shall apply to all property within the boundaries of The 4 . P/-`44.4"14t‘lvd/(‘-.1. • Corporation of the a as now or hereafter legally constituted. 2.1.2 Non-Conformity -."``e No property shall he used or occupied within then . unwell except in conformity with the provisions of this Bylaw. 2.1.3 Administration - Property Standards Officer This By-Law shall be administered by the Property Standards Officer or other such persons as the Council of The Corporation of the Ville designates. 2.1.4 .{orcement This By-Law may be enforced by the Property Standards Officer upon the receipt of a written and signed complaint of alleged violation of this By-Law from the Fire Chief of the or from a citizen or ratepayer of theell- directly affected by the alleged violation. '�''� 2.1.5 Compliance Required - Other By-Laws Nothing in this By-Law shall serve to relieve any person from the obligation to,o ply with the requirements of the zoning by-law or any other by-law of the illagcof-Ro ell in force from time to time or the obligation to obtain any license, permit, authority or approval, required under any by-law of the Villagrzif-PartBu ell. 3.0 Maintenance Of Yards 3.1 Yard To Be Kept Clear A yard shall be kept clean and free from rubbish, garbage, brush, waste, litter, injurious insects, termites, rodents, vermin and other pests, ground cover, hedges and hushes which are unreasonably overgrown in relation to the neighboring environment, dead, decayed or damaged trees or other growth and the branches and limbs, or other debris and from objects or conditions that might create a health, fire or accident hazard. 3.2 Noxious Weeds A yard shall be kept free from excessive growth of weeds and grasses. Noxious plants, including but not limited to ragweed, poison ivy, poison oak, and poison sumac shall be eliminated from the yard. 3.3 3.3.1 Height No person shall permit grass or weeds to grow to a height or to stand at a height in excess of eight (8) inches/ twenty (20) centimeters on any property. • 5 3.3.2 Corner Lot No person shall plant, maintain or permit any tree, bush or shrub to grow on a corner lot within six (6) meters of the intersection of the front lot line and the exterior lot line of such lot. 3.4 Vehicles Any vehicle, including a trailer, which is in a rusted, wrecked, discarded, dismantled, partially dismantled, inoperative or abandoned condition may not be parked, stored or left in the open unless it is necessary for the operation of a business enterprise lawfully situated on private property. Any such vehicles or components thereof must be relocated to a completely enclosed location or otherwise removed from the property. 3.5 Vehicles No yard shall be used for the parking or unlicensed storage of a motor vehicle which is not operative or which is not currently licensed pursuant to the provisions of the Highway Act or amendments thereto for the Province of Ontario. 3.6 Machinery A yard shall be kept clear from machinery or parts thereof or other objects or parts thereof or accumulation of material that creates an unsafe condition or which is not in keeping with the neighboring properties; dilapidated or collapsed structures or erections; and the filling or protecting of any unprotected well; used building materials not being utilized in the construction of a building. 3.7 Erosion All reasonable means shall be employed to prevent the erosion of soil in the yard. 3.8 3.8.1 Items Stored No yard shall be used as a place to store; keep, display, pile or accumulate any of the following: any clothing or household goods, including a mattress, bed, dresser, sofa, chair, table, television, radio, stove, refrigerator, dishwasher, washing machine and dryer or other furnishing or appliance or any part of them, or any furnace, hot water heater, air conditioner, or any part of them. 3.8.2 Pd Where outdoor storage is permitted by law, storage such storage shall be maintained in a safe condition, located, parked or stacked in a neat and orderly fashion in bins, containers, structures or enclosures appropriate to the nature, composition, chemical or other characteristic properties or distinctive attributes of the substance stored- Such outdoor storage 6 shall be enclosed by fencing at least 1.5 meters in height. Such fenced enclosure shall be located at least 6 meters from any street, and the area exterior thereto shall be landscaped, save and except any adjoining building, driveway or parking or loading area. 3.9 Excavations Every property shall be kept free of all holes unused excavations, holes, unenclosed wells, spits, shafts, cisterns or reservoirs, and the same shall he filled to grade with clean fill. Provided that where any excavations, holes, unenclosed wells, pitts, shafts, cisterns or reservoirs are in use and are required by the nature of use and occupancy of any property and may constitute a health or safety hazard or exceed a depth of one (1)meter, a fence or barrier shall he erected and maintained completely around the same to a height of not less than 1.2 meters above the grade level at the perimeter of each of them. 3.10 Demolition Upon the demolition, or removal of any Utility Service building or structure, all utility services shall be disconnected in the manner approve by the utility service provider and all private drain connections shall be properly stopped up and sealed. All excavations shall be filled to grade with clean fill. 3.11 Debris - Private Property No person shall throw, place or deposit refuse or debris on private property without the written authority of the owner or occupant of the property. 3.12 Debris - V or County Property '�1 No person shall throw, place or deposit refuse or debris on Village property or County Property without written authority of the Village or County and where such property is occupied by a person other than the owner, without the written authority of the occupant. 3.13 Unobstructed Meters Clear, unobstructed access shall be provided and maintained to all gas, water and hydro meters and service entrance equipment inside and outside of buildings. 4.0 sewage and Drainage 4.1 Provide For Every owner, lessee or occupant shall provide for the sanitary disposal of sewage and drainage from his or her land or building. 4.2 Keep In Rept Every owner, lessee or occupant shall keep it repair his or her private drain. 7 4.3 filter or Relay Required Every owner, lessee or occupant shall alter or relay the private drain as may be require by the By-Law Enforcement Official. 4.4 sewage Discharge Sewage shall he discharged into the sewerage system. 4.5 sewage Discharge Not Allowed Sewage of any kind shall not be discharged on to the surface of the ground, whether into a natural or artificial surface drainage system or otherwise. 4.6 storm Water Sanitary Sewer Prohibited Storm water shall not he drained from the roof- driveway, or other surface into the sanitary sewage system. 4.7 5torm Water Prohibit Pondirig Storm water shall he drained from the yard so as to prevent recurrent ponding, or the entrance of water into a basement or cellar. 4.8 Drainage on Sidewalks No roof drainage shall be discharged on sidewalks, stairs or neighboring property nor on any impervious surface within road allowance. 4.9 Natural Drainage All natural drainage, drainage swales, ditches or watercourses shall be maintained as to prevent ponding and restriction of flow. 4. 1() Ponds. Fences Where any pont' or collection of other liquid exists in any yard and constitutes a health or accident hazard, a fence or bather shall he erected and maintained completely around such pond or collection of water or other liquid to a height of at least 1.2 metres above the grade level at the edge of such pond or collection of water or other liquid. 4.11 .wimmiag Pool Backwash Any backwash from swimming pools shall be returned to the property of the person creating the backwash. 8 5.0 Fences 5.1 Painted Fences shall be kept protected by paint, preservative or other weather resistant material unless the aesthetic characteristics of the fence are enhanced by the lack of such material. 5.2 •Sound & Plumb Fences shall he kept in a structurally sound condition and shall be kept plumb, unless specifically designed to be other than vertical. 5.3 Good Repda Fences shall be kept in good repair and free from accident hazards. 5.4 Maxi No fence shall exceed 2.5 metres in height, when measured from the grade level, vertical to the topmost point of the fence. 5.5 .Swimming Pools Every swimming pool, fish pond or any other collection of water or any other liquid which exceeds .5 metres in depth shall be enclosed by a fence of at least 1.2 metres in height. Such fence shall not have horizontal structural members on the side away from the swimming pool, fish pond or any other collection of water or any other liquid and must be constructed so as not to he used as a ladder allowing entry to the enclosed area 5.6 ,pelf-closing Device Every fence which encloses a swimming pool, fish pond or other collection of water or any other liquid exceeding .5 metres in depth must he equipped with a working self-closing device and also he equipped with a working self-latching device, which cannot be easily opened by a child. 6.0 Retaining Walls 6.1 Comply, O.B.C. All retaining walls shall comply with the Ontario Building Code. 6.2 Maintained All retaining walls shall be maintained in good repair and free from accident hazard. 6.3 Maintenance Without restricting the generality of Subsection 6.2 of this By-Law, the maintenance shall • include: • ` 9 • • i) redesigning, repairing or replacing of all deteriorated, damaged, misaligned or missing portions of the wall, or railing and guards appurtenant thereto; ii) installing subsoil drains where required to maintain the stability of the wall; iii) grouting masonry cracks; iv) applying a coating of paint or equivalent preservative. 7.0 Railings and Guardrails 7.1 Construction Maintained O.B.0 All railings, hand rails and guards shall be of sound construction, and maintained free of health, fire and safety hazards, and shall be provided in accordance with the requirements of the Ontario Building Code. 7.2 Good Repair All railings, handrails and guards shall he maintained in good repair and securely affixed or anchored. 8.0 Wallis.Access. Driveways. Parkin and Loading Area& 8.1 Walks Hard surfaced walks shall be provided from all entrances of every property to the street, provided that the walks may lead to a hard surfaced driveway or parking area and thus to the street. 8.2 Driveways Construction All driveways, parking areas and loading areas shall he constructed of concrete, asphalt, paving stone or crushed stone treated with emulsified asphalt or other appropriate material to provide a stable, dust free surface. 8.3 Steps, Porches Maintained All steps, porches, verandas, walks, parking areas, loading areas and driveways shall be maintained in good condition, so as to afford safe passage under normal use and weather conditions. 8.4 Meter Access Clear, unobstructed access shall be provided and maintained to all gas, water and hydro electric meters and service entrance equipment inside and outside of buildings. 10 8.5 Lighting Location All- lighting fixtures providing illumination of any parking area or loading area shall be located and aligned in such a manner as to prevent a nuisance to occupants of adjoining properties. 8.6 $now. Ice, Dirt. Litter Removal The occupant and where there is no occupant, the owner or person having charge, care or control of any building or lot fronting any street or part of a street shall remove and clear away and keep removed and cleared away all snow, ice, dirt and litter from the sidewalk on the-side of such street which is nearest to such building or lot. 8.7 Refusal To Remove If any person who is required by paragraph 8.6 of this By-Law to remove snow and/or ice from the sidewalks of the street adjoining his or her premises refuses or neglects to remove or clear away the same within the first four (4) hours of daylight after any fall- of snow or fall of hail or rain which freezes on the said sidewalks or refuses or neglects to remove dirt or litter from same, and neglects or refuses to do so for twenty- four (24) hours after receiving notice from the Superintendent of Works to carry out this then said person shall be deemed to he in default of this By-Law and the Works Superintendent may cause such snow, ice, dirt or litter to be cleared away and removed at the expense of such person. In the case of non= payment of such expense, the same shall be recovered in like manner as municipal taxes pursuant to Section 326 of the Municipal Act, R.S.O. 1990, Part XIX. 8.8 No Default For Four Hours Notwithstanding paragraph 8.7 of this By- Law, if in the judgement of the Works Superintendant the snow and ice required to be cleared and removed is frozen such that it cannot be removed without damage to the sidewalk or pavement, then such person required to clear and remove such snow and ice shall not be deemed to be in default of this By-Law until the expiration of four (4) hours of daylight from the time when such snow and ice shall become capable pi being removed without damage being caused in its removal. 9.0 Signs 9.1 Maintained Signs shall be maintained: i) so as not to cause any unsafe condition; ii) in a vertical plane unless otherwise erected and approved, in which case such sign shall be maintained as erected and approved; iii) without any visible deterioration of the sign and its structure when viewed from any property other than the property on which the sign is situated; and iv) in conformance with the requirements of the sign by-laws of the municipality. 11 9.2 Unused Removed Signs that are unused or not cared for or discarded shall he removed from the property or shall be stored within a building. 10.0 Lighting. Lighting Fixtures and Light Standards 10.1 As Per Code All exterior lighting, lighting fixtures and light standards shall he constructed, erected and installed in accordance with the Ontario Electrical Code and maintained free of health, fire and safety hazards. 10.2 Maintained All exterior lighting, lighting fixtures and light standards shall be maintained in good repair and securely affixed or anchored. 11.0 Accessory Buildings 1 1.1 Resisting Loads All accessory buildings shall be capable of O.B.C. resisting the loads that may be applied thereto as a result of use in accordance with the requirements of the Ontario Building Code. 11.2 Anchored All accessory buildings shall be properly anchored as to prevent said buildings from being damaged by the force of the wind and weather. 11.3 Good Revak An accessory building shall be kept in good repair, and free from health, fire and accident hazards. 11.4 I;yterior Weather resistant The exterior of an accessory building shall be weather resistant, and where necessary this shall be accomplished by the use of weather resistant materials. 11.5 Insects Rodents Where an accessory building or a yard may harbour noxious insects or rodents, all necessary steps shall be taken to eliminate such insects or rodents, and to prevent their reoccurrence. 11.6 Not Maintained Where an accessory building is not maintained in accordance with these standards, it shall be removed from the property. 12 • 11.7 Swimming Pools, Drainage Swimming pools shall be maintained in good repair, free of leaks. Swimming pools shall be drained to the street or directly to a storm sewer system when being drained or emptied, and shall not be drained onto adjacent properties. The backwash from pool filters shall be drained to either a sanitary or a storm sewer or may he spread on lawn areas provided seepage therefrom does not affect adjacent properties. 11.8 Pool Obstructing Drainage No person shall- construct, install or erect any swimming pool on any property which will or may, in any manner, alter the existing drainage of water upon, in, along or through such property so as to obstruct the drainage of such property or obstruct the drainage of any adjacent property or create ponding upon any property. 12.0 Garbage Receptacles 12.1 Provided With Every building and every dwelling unit within a dwelling shall be provided with sufficient receptacles to contain all garbage, rubbish and ashes. 12.2 storage Removal Garbage and refuse shall be promptly stored in receptacles and made available for removal in accordance with the applicable By-Law for the Corporation, and all amendments thereto. 12.3 Outside Receptacles Outside receptacles shall be: i) made of water tight construction; ii) provided with a cover adequate to prevent the escape of garbage and; iii) maintained in a clean state. 12.4 Inflammable Materials Materials of an inflammable nature shall he safely stored or removed at once from the property. 12.5 Rodents Insect, Garbage in garbage storage areas shall be kept rodent and insect free at all times and methods used for exterminating rodents or insects or both, shall conform with generally accepted practice. 12.6 Paper Bag, Unacceptable Paper bags of any type shall not be considered as acceptable receptacles. 13 12.7 Paper Bags In Receptacles Bags as set out in Section 12.6 of this By-Law, when used to contain garbage, shall be placed in receptacles as prescribed by Sections 12.1 through 12.6 of this By-Law inclusive 13.0 Pest Prevention 13.1 Free Of A building shall be kept free of rodents (other than those kept as pets in wire cages), vermin and insects at all times, and methods used for exterminating rodents, vermin and insects shall be in accordance with the provisions of the Environmental Act and regulations thereunder made, as amended, or its successor. 13.2 5creeuz A basement or cellar window habitually used for or required for ventilation, and any other opening in a basement or cellar that might permit entry of rodents, vermin or insects shall he screened with wire mesh or other material as will effectively exclude rodents, vermin and/or insects. 13.3 Owning. Protected All openings in basements or cellar, including floor drains shall be protected to prevent the entrance of rodents, vermin and/or insects. 14.0 Fire Safety 14.1 Fire Code Applies The Ontario Fire Code applies to all ,existing buildings, structures and premises with respect to fire safety standards. 14.2 Unsafe Conditio1 Unsafe conditions on property shall he abated forthwith to the satisfaction of the Property Standards Officer. 14.3 Q.B.C. A plies Where there is a condition on the property which is unsafe, the Ontario Building Code shall apply to the extent necessary to abate the unsafe condition. 14.4 Abating Unsafe Conditioua Without limiting the generality of Sections 14.2 and 14.3 of this By-Law, abating of an unsafe condition includes: i) the provision or repair of stairs, balustrades, railings, guards and screen so as to minimize the risk of accident, ii) removal of garbage, refuse and pests such as rodents, vermin, termites and injurious • 14 • insects, iii) the elimination of other conditions which may be a hazard to life or which risk serious injury to persons normally in or about the subject building, floor area, suite of rooms, room, space or property. 15.0 Foundations 15.1 All structures Every structure shall be supported by a foundation capable of safely supporting its design load. 15.2 Maintained The foundation and the basement, cellar or crawl space floor of a dwelling shall be maintained in good repair and structurally sound as to prevent the entrance of moisture and rodents, and where necessary shall he so maintained by shoring of the walls, installing subsoil drains at the footings, grouting masonry cracks, and waterproofing the walls or floor. 15.3 Waterproofed. Damp-proofed Foundation walls shall be waterproofed or damp proofed to prevent the entry of moisture or water into a basement, cellar or crawl space. 15.4 Concrete Floor A basement or cellar shall have a concrete floor, or an approved equivalent. 15.5 No Cracki A floor in a basement or cellar shall be free from major cracks, breaks or such as may create a hazardous condition. 15.6 Drainage ' Every basement, cellar or crawl space in a building shall be adequately drained. 16.0 Condition of Building 16.1 sound Conditivz Every part of a building shall be maintained in a structurally sound condition so as to be capable of sustaining safely its own weight, and a load to which it normally may be subject. 16.2 Repairs Materials which have been damaged or show evidence of dry rot or other deterioration shall be repaired or replaced in a professional manner. 15 16.3 Loose Objects Exterior walls, roofs and other parts of the building shall he free from objects or materials • which have become loose or insecure. Such objects or materials shall be removed, properly secured or replaced. 16.4 Protection All exterior exposed surfaces not inherently resistant to deterioration shall be periodically treated to protect them from deterioration or weathering. 16.5 Engineer Report Ordered If upon inspection, the Chief Building official is not satisfied that the structural capacity of any part of a building meets the standards, required to establish structural capacity, the submission of a report, prepared, sealed and signed by a professional engineer who is qualified in this field and licensed by the Association of Professional Engineers of Ontario may be ordered by the Chief Building Official, the cost of said report to be paid by the owner of said building. 17.0 Maintenance 17.1 Floors etc. Every floor, exterior wall, roof and porch or appurtenance thereto shall be maintained so as to prevent collapse of the same or injury to the occupants of the dwelling, or to the public. 17.2 Walls etc. The exterior walls of a dwelling and their components shall be maintained so as to prevent their deterioration due to weather and insects, and where necessary shall be so maintained by the painting, restoring or repairing of the walls, coping or flashing, by the waterproofing of joints and of the walls themselves by the installing or repairing of termite shields, and by the treating of the soil 6vith poison. 17.3 Roof etc. The roof of a dwelling shall he maintained in a watertight condition as to prevent leakage of water into the dwelling, and where necessary shall be maintained by the repair of the roof and flashing, or by applying waterproof coatings or coverings. 17.4 Defacements Appropriate measures shall he taken to remove any defacements occurring on the exposed finished exterior surfaces and where necessary, to restore the surface and adjacent areas to, as near as possible, their appearance before the markings, stains or defacements occurred. 16 7.5 Clean Windows Glazed doors, windows and other transparent surfaces shall be kept reasonably clean. 17.6 Fire Damage A building damaged by fire or other causes shall be repaired to its original condition and as may otherwise be required by this By-Law, or the building shall be demolished or the damaged portion removed and the property left in a graded, level and tidy condition. 17.7 Unoccupjed Buil Nothing in this section shall be construed as preventing doors, windows and other openings in the exterior of an unoccupied building from being protected from damage or to prevent entry, for such time as a building remains unoccupied. 17.8 Protection Materia Materials used for protection in accordance with Subsection 17.7 of this By-Law shall be afforded an application of paint, varnish or other approved colouring or preservative on the exterior, to maintain an appearance commensurate with the surrounding environment. 17.9 Insulation All exterior walls and roof areas shall be maintained with insulation as set out in the Regulations pursuant to the Ontario Building Code or as approved by the Chief Building Official. 17.10 Eavestroug6 All evestroughs, roof gutters and downpipes shall be kept in good repair and free from obstructions. 17.11 Dampness All interior floors, ceilings and walls shall be kept free from dampness. 18.0 Weather Proofing 18.1 Maintained Windows, exterior doors and basement or cellar hatchways shall be maintained in good repair so as to prevent the entrance of wind and rain into the building, and rotted or damaged doors, door frames, sashes and casing shall be renewed, and defective door and window hardware, weather stripping and broken window glass shall be replaced within reasonable time. 18.2 Stone Windows Storm windows and doors shall he installed in all dwellings and be kept in a good state of repair. 17 18.3 Vlazed Where storm windows or doors are installed in a dwelling, such windows or doors shall be kept in good repair and glazed. 18.4 Not Apply Sections 18.2 and 18.3 of this By-Law do not apply to doors and sliding doors which are designed to be installed without storm doors and meet "the thermal requirements of the Ontario Building Code. • 18.5 Protected When an opening is used or required for ventilation or illumination and is not required to be protected by a door, window or similar closure it shall be protected with a: i) wire mesh screen, metal grille or other equivalent durable material; or ii) other protection so as to effectively prevent the entry of rodents, vermin and/or insects. 18.6 Window hardware All windows intended to be opened and all exterior doors shall have hardware so as to be capable of being locked or otherwise secured. 18.7 Dead Bolts Doors which allow access to or egress from a dwelling unit with an apartment dwelling, shall be provided with a dead bolt lock, which cannot be accidentally locked against entry by the closing of the door. 18.8 Unoccupied Building In an unoccupied building only exterior doors, windows, including storm and/or screen windows, shutters and hatchways need comply with Section 18 (Weather Proofing) of this By-Law. 19.0 tairs, Porches, Verandas. Balconies. Decks 19.1 Maintained Every stair, landing, porch, veranda, balcony or deck shall be maintained in good repair, free from conditions which may create a health, fire or safety hazard. 19.2 Handrails etc.. 0.B.C, Handrails, railings and guards shall be of sound construction and maintained free of health, fire and safety hazards, and shall he provided in accordance with the requirements of the Ontario Building Code. 18 19.3 AAS All railings, hand rails and guards shall be maintained in good repair and securely affixed or anchored. S 19.4 Unoccupied Building Floors, stairs, verandas, porches, decks, loading docks, balconies and every appurtenance attached thereto within the exterior walls of an unoccupied building are exempt from the requirements of this Section (Section 19 of this By-Law). 20.0 Walls and C 20.1 Maintained Every wall and ceiling shall be maintained in good repair, free of conditions which may create a health, fire or safety hazard. 20.2 Bound O.B.C. Where sound transmission ratings are required in accordance with the provisions of the Ontario Building Code, they shall he maintained in good repair. 20.3 Fire Prevention Where noncombustible construction, fire separations, firewalls, fire resistance ratings and other fire prevention measures are required in accordance with the provisions of the Ontario Building Code, or the Ontario Fire Code, they shall be maintained in good repair. 21.0 Floou 21.1 Maintained Every floor shall he maintained in good repair free from all conditions which may create a health, fire or safety hazard. Finishedflooring shall have a surface that is smooth, even and free from roughness,or open defects. 21.2 Water Resistance Finished flooring in bathrooms, kitchens, public entrance halls, laundry and general storage areas shall consist of resilient flooring, felted-synthetic-fibre floor coverings, concrete, terrazzo, ceramic tile, mastic or other types of floorings providing similar degrees of water resistance. 21.3 Beams etc Repaired Where beams, beam supports, columns, floor joists, etc., have been cut or are cracked due to various conditions, these shall be repaired or supported so that the floor load is adequately supported. 19 • 22.0 Cleanlinesa 22.1 Maintained Sanitary Every floor, wall, ceiling and fixture shall be maintained in a clean and sanitary condition and every property shall he kept free from rubbish, debris or conditions which may create a health, fire or safety hazard. 23.0 Water Supply 23.1 Provided Every property, the use or occupancy of which requires a water supply, shall he provided with an adequate supply of potable water from a public or private water supply approved by the Medical Officer of Health. 23.2 Conms,imi Where an approved public or community water supply is available, every dwelling unit shall he connected thereto. 23.3 Hot & Cold Water Where a piped water supply is available, piping for hot and cold water shall he connected to every kitchen sink, lavatory, bathtub, shower, slop sink and laundry area and piping for cold water shall he run to every water closet and hose bib. 23.4 Water Temperature Every water heater installed for the purpose of supplying hot running water to the occupants of a property shall be capable of heating water to a temperature of plus 49°C. (120°F.) 24.0 Plumbing System 24.1 Maintained The plumbing system in every building shall be maintained in good repair and working order, free from leaks and conditions which may cause a health hazard. 24.2 Freezing All water pipes and appurtenances thereto shall be protected from freezing. 24.:3 Trap& All plumbing fixtures shall be connected to discharge to the municipal sewerage system or to an approved private sanitary system through water seal traps. 24.4 Vents & Cleanouts All plumbing fixtures shall be provided with adequate vents and cleanouts. 20 • • 24.5 O.B.C. part 7 Notwithstanding anything herein contained, the provisions of the Ontario Building Code, Part 7 (Plumbing) shall apply. 25.0 Required Facilities 25.1. Every Dwelling Every dwelling unit shall he provided with kitchen sink, wash basin, bathtub or shower and water closet, which shall he connected to a piped water supply and discharge to the building sewer. 25.2 Laundry Facilities Laundry facilities or a space for laundry facilities shall he provided in every dwelling unit, or grouped elsewhere in the building in a location conveniently accessible to occupants of every dwelling unit. 25.3 O.B.0 Required facilities for all other occupancies shall conform to the provisions of the Ontario Building Code or with the appropriate regulations for the specific occupancy enacted pursuant to the Ontario Regulation therefore, whichever is more demanding. 26.0 Bathrooms. Washrooms and Toilet Rooms 26.1 Privacy All bathrooms, washrooms and toilet rooms shall be fully enclosed to provide privacy and shall be located that access thereto does not require passing through any other dwelling unit, or through an open area or an unheated area or corridor, and shall he located within and accessible from within the building. 26.2 Wash basin Water Closet Awash basin shall be located in the same room as the water closet. 27. 0 Kitchens 27.1 Every Dwelling Every dwelling unit shall contain a kitchen area equipped with a sink served with piped hot and cold water supply, storage facilities, a counter top work area and space for a stove and refrigerator. 21 >.7.2 Impervious Surface Every kitchen sink shall be provided with an adequate, impervious surfaced, splash back and drain hoard. 7.3 Energy Source Every kitchen shall he provided with an adequate, approved energy source. 27.4 Clearance A minimum of 0.7 metres clear space shall be provided above any exposed cooking surface. 27.5 Fireproof Materials All materials immediately beneath or within 0.3 metres of an exposed cooking surface shall be of fireproof material, provided that where such surface cooking equipment has been installed in accordance with the manufacturers' specifications, the same shall suffice. 27.6 aLunging All cooking equipment requiring exhausting to a chimney or flue shall be connected thereto by rigid connections in conformity with manufacturers' specifications. 27.7 Maintaine4 All energy sources, plumbing, counters, storage cupboards and other fixtures shall be maintained in good repair. 28.0 liratintZutiging 28.1 LanLuta Residential buildings shall be insulated and equipped with heating facilities together capable of maintaining an indoor temperature of 22 0 C. (72c)F.) at 1.5 metres above floor level and 1.0 metres from exterior walls in all habitable rooms, bathrooms and toilet rooms. 28.2 Temperature Heating facilities shall be provided which shall be capable of maintaining a temperature not less than 18.5 0 C. (65 1.) in an unfinished basement or cellar in buildings of residential occupancy. Crawl spaces need not be heated. 28.3 Other Building, All other buildings shall be insulated and equipped with heating facilities both sufficient to maintain the desired indoor air temperature commensurate with the use of the building at the outside winter design temperature determined in accordance with the provisions of the Ontario Building Code. 22 28.4 Heating Days Heating to the standards set forth herein shall be provided and maintained from the 15th day of September in each year until the 31st day of May of the following year. 28.5 Protection From Freezing Equipment forming part of a heating or air- conditioning system, that may be adversely affected by freezing temperatures and which is located in unheated areas shall he adequately protected from freezing. 28.6 Maintained The heating system required herein shall he maintained in good working condition so as to be capable of heating the dwelling and/or dwelling unit safely to the required standard. 28.7 O.B.C. All heating systems shall be constructed, equipped and installed to conform to the provisions of the Ontario Building Code. 28.8 Location No heating appliance shall he installed or placed so as to create a fire hazard, nor to impede the free movement of persons within the room where the heating appliance is located, nor located in corridors, hallways or other means of egress and impede the free movement of persons. 28.9 Not Installed In Exits Fuel-fired appliances shall not be installed in any exit or any corridor serving as access to exit. 28.10 service Rooms O.B.C. Service room or service space, separated from the remainder of the building by fire separations, shall be provided and constructed to conform to the provisions of the Ontario Building Code, and shall be maintained in good repair. 28.11 Rigid Pipe All heating equipment requiring exhausting to a chimney or flue shall be properly connected thereto by rigid piping installed in conformity with the manufacturers' specifications. 28.12 Flexible Connectioua Rigid connections shall 6e installed between any equipment burning gaseous fuel and the supply line, except that an approved flexible connection not more than 0.6 metres long may he installed to permit cleaning behind an appliance used for cooking. ` 23 seA • • 28.13 Combustion Aix supply Any room which contains a heating unit for a central heating system shall be provided with a natural or mechanical means of supplying combustion air for such heating unit. The amount of combustion air will be determined in accordance with good practice and the manufacturers' specifications. 28.14 Fuel Storage Any heating system or part thereof or any auxiliary heating system that is designed to burn solid or liquid fuel shall be provided with a properly constructed receptacle for fuel storage or a place for storage located so as to be free from fire or accident hazard. 28.15 Oil-Fired Systems All oil-fired heating systems, including space heaters, shall conform to the manufacturers' specifications. 28.16 Gas-Fired Systems All gas-fired heating systems, including space heaters, shall conform to the Gas Utilization Code and Ontario Regulations in effect from time to time pursuant to the Energy Act. 29.0 Chimneys, Flues. Smoke Pipes 29.1 lulling Any mechanism, equipment or structure used in the process of burning fuel or combustible material, shall be properly vented to the outside air, by means of a smoke pipe, flue, chimney or other appropriate and adequate device, conforming with the manufacturers' specifications and approved by the Chief Building Official. 29.2.1 Maintained Every chimney, smoke pipe, flue and gas vent shall be maintained so as to prevent gasses from leaking into a building. 29.2.2 Every chimney, smoke pipe, flue and gas vent shall be kept clear of obstructions, all open joints shall be sealed and all broken and loose masonry shall be repaired. 29.3.1 Maximum Temperature Every chimney, smoke pipe, flue and gas veny shall be installed and maintained so that under all conditions of use, the temperature of any combustible material adjacent thereto insulated therefrom or in contact therein, does not exceed a temperature of seventy-one (71) degrees Celsius (one hundred and sixty degrees (160) Fahrenheit). 24 29.3.2 Fireplaces and similar construction used or intended to be used for burning fuels in open fires shall be connected to approved chimney and shall installed so that nearby or adjacent combustible material or structural members shall not be heated so as to exceed a temperature of seventy-one (71) degrees Celsius (one hundred and sixty degrees (160) Fahrenheit). 30.0 EirswicaLLimicsaunLLighting 30.1 every Dwelling Every dwelling and every dwelling unit shall be wired for electricity and lighting equipment shall be installed throughout. 30.2 Outlets Every habitable room shall contain at least two (2) electrical duplex convenience outlets where the floor area does not exceed ten square metres (10 sq.m.). For each additional ten square metres (10 sq.m.) of floor area or part thereof, one (1) additional duplex outlet shall be provided. 30.3 Light Fixtures An electrical light fixture shall be installed in every bathroom, toilet room, laundry room, furnace room, kitchen, hallway, interior and exterior stairway and landing. 30.4 Fusca Fuses or overload devices shall not exceed limits set by Ontario Hydro. 30.5 Extension Cords Extension cords which are not part of a fixture shall not be permitted on a permanent basis. 30.6 Maintained O.B.C. All lighting, including exit lighting and emergency lighting shall conform to the provisions of the Ontario Building Code and shall be maintained in good working order. 30.7 Maintained Ontario Hydro All electrical wiring and all electrical fixtures located or used in a building shall be installed and maintained in good working order and in conformity with the regulations of the Ontario Hydro. 31.0 Light_for_D__wellings and Dwelling Units 31.1 Every habitable room except for a kitchen shall have a window or windows, sky-lights or 0 25 translucent panels that face directly to the outside at least 15 centimeters above the adjoining finished grade with an unobstructed light transmitting area of not less than ten (10) percent of the floor area of such rooms. The glass area of a sash door may he considered as a portion of the required minimum window area of the room. 31.2 Not A Window Whenever walls or other portions of structures are located on the outside less than one (1) meter from a window, such window shall not he deemed to face directly to the outside and shall not be included as contributing to the required minimum window area of the room. 31.3 Halls and Stain All common halls and stairs shall he adequately lighted at all times by the owner. 32.0 Ventilation for Dwellings and Dwelling Units 32.1 Every Habitable Room Except as herein provided, every habitable room shall have an opening or openings for natural ventilation from outside. Such opening or openings shall have a minimum aggregate unobstructed area of 0.3 square metres and shall he located in the exterior wall or through openable parts of sky-lights. 32.2 Bathrooms Except as herein provided, every bathroom or room containing a water closet shall he provided with an openable window or openings for natural ventilation located in an exterior wall or through openable parts of sky-lights and all such openings shall have a minimum aggregate unobstructed area of 0.1 square metres. 32.3 Natural Ventilation Omitted Where a system of mechanical ventilation has been provided, an opening for natural ventilation from a bathroom or toilet room may be omitted. 32.4 Maintained All systems of mechanical ventilation shall be maintained in good working order. 32.5.1 Mechanical Ventilation The natural ventilation requirements prescribed in Sections 32.1 and 32.2 of this By-Law may he omitted from any room where adequate mechanical ventilation equipment which is capable of changing the air four (4) times each hour is provided. 32.5.2 O.B.C. All mechanical ventilation shall conform to the provisions of the Ontario Building Code. 26 32.6 Protection Openings for all natural ventilation, other than windows, shall be constructed to provide protection from the weather and insects and screening shall be of rustproof material. 32.7 Basements. Cellars and Unheated Crawl Spaces Every basement, cellar and unheated crawl space shall he adequately vented to the outside air by means of windows which can be opened or by louvers with screened openings, the area of which shall not he less than one (1) percent of the floor area.. Windows in basements, cellars and unheated crawl space shall be screened with rust proof material to provide protection from insects. 33.0 Air Conditioners and Air Conditioning Systems 33.1 jpstallation All air conditioners and air conditioning systems shall he securely mounted and installed in accordance with manufacturers' specifications. 33.2 Maintained All air conditioners and air conditioning systems shall be maintained in good repair, free from conditions which may constitute a health, fire or safety hazard. 34. Occupancy Standards 34.1.1 Maximum Residents The maximum number of persons residing in a dwelling or dwelling unit shall not exceed one (1) person per ten square metres (10 sq. m.) of total floor area of habitable room or rooms. 34.1.2 Computing Persons For the purpose of computing the maximum number of persons referred to in Section 34.1.1 of this By-Law, any child under one (1) year of age shall not be counted, and any child of more than one (1) year of age but under twelve (12) years of age shall be deemed one-half (1/2) person, persons twelve (12) years of age or over shall be counted as one (1). 34.2 Floor Area Not Counted The floor area under a ceiling which is less than two metres (2 m.) in height shall not he included for the purpose of computing the habitable room floor area referred to in Section 34.1.1 of this By-Law. 34.3 Bedroom Minimum Size No room in a dwelling unit shall be used for sleeping purposes unless the room has a minimum width of 1.8 metres and a minimum floor area of 5.6 square metres. At least one- 27 half(1/2) of the required minimum floor area shall have a ceiling height of 2.3 meter. Any part of the floor having a clear height of less than 1.4 metres shall not be considered in computing the required floor area. 34.4 Fire Resistance rating Notwithstanding any other requirement contained in this By-Law, all walls and ceilings in habitable rooms in dwellings or dwelling units shall be clad with a material giving a minimum fire resistance rating of thirty (30) minutes. All walls and ceilings in other buildings shall be clad with materials Providing the minimum fire resistance rating required for their respective group and division of occupancy classification in compliance with the regulations under the Ontario Building Code. 34.5 Requirements for Basement Rooms No basement or cellar space shall be used as a habitable room unless in addition to the requirements of Section 34.2 and 34.3 of this By-Law, it also meets the following requirements: i) floors and walls are so constructed as to be impervious to underground and surface run-off water and are damp proofed, and ii) the habitable room meets all requirement for light, ventilation and ceiling height set out in this By-Law, and iii) each habitable room shall be separated from heating equipment, or other equally hazardous equipment by a Partition having a fire resistance rating of at least one (1) hour. All other walls and ceilings in habitable rooms shall be clad with a material giving a minimum fire resistance rating of thirty (30) minutes, and iv) access to each habitable room shall be gained without passage through a furnace or boiler LOOM. 35.0 Fire Protection 35.1 Egress Means of egress from all buildings shall he provided in conformity with the provisions of the Ontario Building Code. Without limiting the generality of the foregoing, means of egress shall include their number, location, dimensions, flame spread ratings, fire resistance ratings, fire protection ratings, stairs, handrails and guards, removal of obstructions and hazards, travel distances, type, construction and direction of swing of doom, lighting, exit lighting, emergency lighting and access to exits. 28 35.2 Fire Protection Fire protection for all buildings shall be provided in conformity with the provisions of the Ontario Building Code. Without limiting the generality of the foregoing, fire protection shall include noncombustable construction, flame spread ratings, fire resistance ratings, fire protection ratings, permitted openings, firewalls, fire separations, fire dampers, fire stops, fire alarm systems, sprinkler systems, heat detectors, smoke detectors, smoke alarms and fire fighting access to and within buildings 35.3 Zligicildanna Without limiting the generality of Sections 35.1 and 35.2 of this By-Law, in all buildings of residential occupancy, smoke alarms shall be provided and installed by the owner, smoke alarms shall he installed: i) on or at the ceiling level in the corridor of each floor adjacent to each stairway and on the ceiling in the basement adjacent to each stairway, and ii) in the ceilings of a hallway or corridor leading to the bedrooms in the dwelling unit, in a location where the alarm is audible within all bedrooms when the doors are closed, Of iii) in the case of a boarding house, lodging house and private rest house in which the residents do not require nursing care, and where three or more persons are provided sleeping accommodations in one bedroom, in addition to the foregoing in the ceiling of each such bedroom. 35.4 Smoke Alarms Connected Where more than one smoke alarm is required in a dwelling unit, the smoke alarms shall be wired so that the activation of one alarm will cause all alarms within the dwelling unit to sound. 35.5 Maintainee , All fire protection construction, components thereof, appliances and equipment shall he maintained in good repair and in good operating condition. 36.0 responsibility of Occupant 36.1 $hall Comply The occupant of the property shall, in respect of that part of any property which he or she occupies and controls, comply with all of the standards prescribed in this By- Law and shall: i) Limit Occupancy Ontario Fire Code limit occupancy of that part of the premises which he or she occupies or controls to the maximum permitted for the type of occupancy in use, in accordance with the provisions of 29 the Ontario Fire Code ii) Maintain Fixtures maintain all plumbing, cooking, refrigeration, heating, ventilation and other fixtures, appliances, building equipment and storage facilities in the part of the premises which he or she occupies or controls in a clean and sanitary condition, and shall exercise reasonable care in the operation and use thereof; iii),Hazards maintain that part of the premises which he or she occupies or controls free from conditions which constitute a health, fire or safety hazard; iv) Faits keep all exits clean and unencumbered; v) Gam dispose of all garbage and refuse in receptacles approved for use in accordance with the by- laws of the Corporation and, upon the day of the week appointed for collection from his or her premises, place such receptacles adjacent to the travelled portion of the street, or where collection is conducted upon a public lane or alley, adjacent thereto, and following the emptying of receptacles by the collector the occupant shall return them to his or her premises. Where collection is undertaken by contract, the occupant shall at all times place all garbage and refuse in receptacles approved for use in accordance with the by-laws of the Corporation, within the storage bin, container or other facility provided for that purpose, and shall maintain such locations and facilities in a clean and sanitary condition; vi) Prevention of Littet provide appropriate covered receptacles for disposal of garbage and refuse which may he discarded by customers and other persons upon the premises, at such locations on the premises as may be required to prevent littering; vii) Free of Rodents maintain that part of the premises which he or she occupies or controls free of rodents, vermin and insects; viii) Yards - maintain those yards which he or she occupies or controls, or portions hereof, free of conditions which constitute a health, fire or safety hazard. 30 37.0 Responsibility of Owner 37.1 Shall Comply The owner of every property shall: i) comply will all of the standards prescribed in this By-Law; ii) not permit any person to use or occupy any property owned by him or her unless such property conforms to the standards prescribed in this By-Law; iii) comply with all lawful orders of a Property Standards Officer, within such time and in such manner as specified therein. 38. Property Standards Committee 38.1 F,etablished and Composition 38.1.1 A Property Standards Committee is hereby established consisting of three persons eligible to be electors of the Corporation appointed by Council. 38.1.2 Members of the committee shall holdoffice for three years and until their successors are appointed, and are eligible for reappointment and, when a member ceases to be a member before the expiration of his or her term, the council shall appoint another person for the unexpired portion of the term. 38.1.3 An employee of the Corporation or of a local hoard thereof is not eligible to be a member of the committee. 38.1..4 Council shall have the right to terminate an appointment to the Property Standards Committee where Council determines it is in the public interest. 38.2 38.2.1 RP.njLneratiori The members of the committee shall be paid such compensation as the Council may provide 38.3 Chair li 38.3.1 The members of the committee shall elect one of themselves as chair, and when the chair is absent through illness or otherwise, the committee may appoint another member as acting chair and shall make provision for a secretary for the committee, and any member of the committee may administer oaths. 31 38.4 Documents 38.4.1 The secretary shall keep on file in the Office of the Clerk minutes and records of all applications and the decisions thereon and of all other official business of the committee. 38.4.2 The Clerk as appointed by By-law shall be the Secretary of the Property Standards Committee. 38.5 Procedures 38.5.1 A majority of the committee constitutes a quorum. 38.5.2 The committee may adopt its own rules of procedure. 38.5.3 Before hearing an appeal under section 14.3.1, the Committee shall give notice or direct that notice be given of such hearing to such persons as the committee considers should receive such notice. 39. Property Standards Officer 39.1.1 For the purpose of the administration and enforcement of this by-law, the office of Property Standards officer is hereby created, and the person appointed from time to time to this office shall be responsible for the administration and enforcement of this by-law subject to review by the foregoing committee. z.' .2 s.eChi. :uil • •ffi•.. a.• '.te : -la• a . e ' o e. • .. fficer. 40.0 Inspection. Notices and Remedie, 40.1.1 Inspection Subject to Section 14.1.2, the Property Standards Officer and any person acting under his or her instructions may, at all reasonable times and upon producing proper identification, enter and inspect any property. 40.1.2 Except under the authority of a search warrant issued under Section 158 of the Provincial Offenses Act, R.S.O. 1990, c. P.33., an officer or any person acting under an officer's instructions shall not enter any room or place actually used as a dwelling without requesting and obtaining the consent of the occupier, first having informed the occupier that the right of entry may be refused and entry made only under the authority of a search warrant. 32 • • • 40.2.1 Notices If, after inspection, the officer is satisfied that, in some respect, the property does not conform to the standards prescribed in the by-law the officer shall serve or cause to be served by personal service upon, or send by prepaid registered mail to the owner of the property and all persona shown by the records of the registry office, and the sheriff's office to have any interest therein a notice containing particulars of the nonconformity and may at the same time, provide all occupants with a copy of such notice. The notice shall also set forth: 40.2.1.1 The date, time and place of a hearing to be held by the Property Standards officer to determine what action must he taken with respect to the dwelling, and informing the owner that he or she or the owner's representative is entitled to appear at the said hearing and make such representations and present such evidence as the owner so desires and that in the event that the owner does not appear at the said hearing a decision may be made by the Property Standards Officer in the owner's absence. 40.2.2 'The said notice may also contain any other information that the Property Standards officer deems necessary. 40.2.3 The hearing referred to in subsection 14.2.1.1 of this by-law shall take place not sooner than seven days and not later than thirty days after the mailing of the said notice to the owner. 40.2.4 After affording any person served with a notice provided for by subsection 14.2.1 an opportunity to appear before the officer and to make representations in connection therewith, the officer may make and serve or cause to he served upon or send by prepaid registered mail to such person an order containing: 40.2.4.1 The municipal address or the legal description of such property; 40.2.4.2 Reasonable particulars of the repairs to be effected or a statement that the site is to be cleared of all buildings, structures, debris or refuse and left in a graded and levelled condition and the period in which there must he compliance with the terms and conditions of the order and notice that, if such repair or clearance is not so done within the time specified in the order, the municipality may carry out the repair or clearance at the expense of the owner; and 40.2.4.3 The final date for giving notice of appeal from the order. 40.2.5 Notice to be Sent to Last Know Address A notice or order under subsection 40.2.1 or 40.2.4 when sent by registered mail shall be sent to the last known address of the person to whom it is sent. 33 40.2.6 If the officer is unable to effect service under subsection 40.2.1 or 40.2.4 the officer shall place a placard containing the terms of the notice or order in a conspicuous place on the property, and the placing of the placard shall he deemed to be sufficient service of the notice or order on the owner or other persons. 40.3 Appeals To Committee 40.3.1 When the owner or occupant upon whom a notice has been served in accordance with section 40.2.4 is not satisfied with the terms or conditions of the order, the owner or occupant may appeal to the committee by sending notice of appeal by registered mail to the secretary of the committee within fourteen days after service of the order, and, in the event that no appeal is taken, the order shall be deemed to have been confirmed. 40 3.2 Decision on Appeal Where an appeal has been taken, the committee shall hear the appeal and shall have all the powers and functions of the officer and may modify or quash it or may extend the time for complying with the order provided that, in the opinion of the committee, the general intent and purpose of the by-law and of the Official Plan are maintained. 40.3.3 Appeal to Judge The municipality in which the property is situated or any owner or occupant or person affected by a decision under section 40.3.2 may appeal to a judge of the Ontario Court (General Division) by so notifying the Clerk of the Corporation in writing and by applying 'for an appointment within fourteen days after the sending of a copy of the decision, and, 40.3.3.1 The judge shall, in writing, appoint a day time and place for the hearing of the appeal and in the appointment may direct that it shall he served upott such persons and in such manner as he or she prescribes; 40.3.3.1 The appointment shall he served in the manner prescribed by the judge; 40.3.3.3 The judge on such appeal has the same powers and functions as the committee. 40.4 Registration of Order The order under subsection 40.2.4 may be registered in the proper registry or land titles office, and, upon such registration any person acquiring any interest in the land subsequent to the registration of the order shall be deemed to have been served with the order on the date 34 1 on which the order was served under subsection 40.2.4 and, when the requirements of the order have been satisfied, the Clerk of the Corporation shall forthwith register in the proper registry or land titles office a certificate that such requirements have been satisfied, which shall operate as a discharge of such order. 40.5 Compliance with an Order 40.5.1 Where an order has been sent under Section 40.2.4 the owner of the property shall repair and maintain the property to the satisfaction of the officer in accordance with the Particulars of the repairs set forth in the order. 40.5.2 Subject to section 40.5.1, where the maintenance of any property affected by this by-law is by the written terms of a lease or an agreement for occupancy made the responsibility of the occupant, the Property Standards officer may, require the occupant to repair and maintain, the property to the satisfaction of the Property Standards Officer in accordance with the particulars of the repairs set forth in the order. 40.5.3 The Property Standards Officer may issue a Notice prohibiting the use of property that does not conform to standards. 40.5.4 The Property Standards officer may cause to be placed in a prominent position on the exterior of any building which does not conform to the standards contained in this by-law a placard stating that such a dwelling does not conform to the minimum standards set out in this by-law, and in what particulars it fails to conform to the standard and no person shall pull down or deface any such placard. 40.6.1 Power of the Corporation to Repair Or Demolish If the owner or occupant of property fails to demolish the property or to repair in accordance with a notice as confirmed or modified, the Corporation in addition to all other remedies: 40.6.1.1 Shall have the'right to demolish or repair the property accordingly and for this purpose with its employees and agents from time to time enter in and upon the property; 40.6.1.2 shall not be liable to compensate such owner, occupant or any other person having an interest in the property by reason of anything done by or on behalf of the Corporation under the provisions of this section. 40 . 7 Collection of Expenses by the Municipality 40.7.1 Such matter or thing may be done by the Corporation at the expense of such person The 35 . i • r Corporation may recover the expense incurred in doing it by action, or the same may be recovered in like manner as municipal taxes. 40.8 Certificate of Compliance 40.8.1 Following the inspection of a property, the officer may, or on the request of the owner shall, issue to the owner a certificate of compliance if, in the officer's opinion, the property is in compliance with the standards. When such a certificate is issued at the request of the owner the fee shall be $30.00. 40.9 Penalty 40.9.1 a) Every person who contravenes any provision of the By-law is guilty of an offense and is liable to prosecution and penalty pursuant to the provisions of the Provincial offenses Act, R.S.O. 1990, c. P.33, as amended, or any successor legislation. 40.9.1 b) Every person who fails to comply with an order made pursuant to this By-law is guilty of an offense and is liable to prosecution and penalty pursuant to the provisions of the Provincial Offenses Act, R.S.O. 1990, c. P.33, as amended, or any successor legislation. 41.0.0 $ ,tel By-Law 90-08 and all other By-Laws directly related to this matter are hereby repealed. 36 . . • • Read a first and second time this t "rteenth day of September, 1994. / a Reeve strator/Clerk-Treasurer Read a thin• and finally ,ed this thin enth day of September, 1994. e ( R- - e inistrator/Clerk-Treasurer 37 POR • THEIRPORATION OF THE 41110411k AVILLAGE OF PORT BURWELL P. O. Box 10, Port Burwell, Ontario NO) ITO telephone (519) 874-4343 • fax (519)874-4948 40011t0 14 00.34,ftek MEMO PORTUS REFUG"UM CCJ� To: David Free L/� From: Brian Wolfe Re : Memo dated Oct 7 , 1994 Date : October 17 , 1994 • The Property Standards By-Law is for the maintainenance of property. A construction site would not normally be under the Property Standards jurisdiction. I stress the term "normally" due to the time that a construction may be in a sate that may well be in question as far as the condition of the property. The Ontario Building Code states that if after issuance of the permit , no attempt is made to start construction after a period of 6 months or construction stops for a period of • over 12 months , the Chief Building may revoke a permit . This is subject to Section 25 ( appeals ) , of course . An inspect,lon of the property in question shows that the " litter" is not of the nature that may fall under the protection of a building permit , it is house hold and odds and ends , and not building materials . Under Section 3 . 8 Stored Items , stroage in a yard of such items is not allowed. Section 3 . 8 is of the Property Standards By-Law. Brian Wolfe 4 David R. Free, CET, AMCT(A) • Administrator/Clerk-Treasurer c)F PORT 9 • THE •POR.ATJON OF THE .,4;411W4 VILLAGE OF PORT BURWELL . �� P. O. Box 10, Port Burwell, Ontario NOJ I TO 441P412°.414 �(fW telephone (S 19) 874-4343 • fax (S 19) 874-4948 '110111111.!;011,114 MEMO tOritall0 ,40<> PORTUS REFUG‘�M R V r,\ To; David Free From Brian Wolfe Date : October 3 , 1994 Re ; Collection of Ex?enses by the Municipality • As per your instruction I have researched the Property Standards By-Law 94-22 and have found the following. 40 . 7 Collection of Expenses by the Municipality 40. 7 . 1 Such matter or thing may be done by the Corporation at the expense of such person . The Corporation may recover the expense incurred in doing it by action, or the same may be recovered in like manner as municipal taxes . There is no mention of a set fee for the cutting of grass and • weeds in the By-Law. I was under the understanding that the fee of $100 . per lot was set by the CAO, earlier this year . Yours truly, 43--r*Hir Brian Wolfe David R. Free. CET, AMCT(A) • Administrator/Clerk-Treasurer • le LOO pF PORT g THERPORATION OF THE PV. �9 SS4 VILLAGE OF PORT BURWELL 11110hOW P. O. Box 10, Port Burwell, Ontario NOJ ITO telephone (519) 874-4343 • fax (519)874-4948 i 11,111 MEMO PORIUS REFUGlkiM To: David Free \Xt From: Brian Wolfe V� Date:. August 26 , 1994 Re: Proper Procedure and Appeal Process • Upon reviewing the decision to convene the Property Standards Committee to hand down a decision on a Property Standards issue , it has come to my attention that this countervenes the By-Law itself. The Property Standards Committee is an appeal body only. As per Section 11 , 12 and 13 of By-Law 90-08 which states ; Sec. 11 "Where an owner upon whom an order has been served in accrodance with this by-law is not satisfied with the terms or conditions of the order, he may appeal to the Committee by sending notice of appeal by registered mail to the Secretary of the Committee within fourteen days after service of the order, and • in the event that no appeal is taken, the order shall be deamed to have been confirmed. " Sec12 " After hearing an appeal the Committee may con- firm the order to demolish or repair or may modify or quash it or may extend the time for complying with the order provided that , in the opinion of the Committee , the general in- tent and purpose of the by-law have been main- tained. " Sec. 13 'The Village or any owner or person affected by a decision of the Committee may appeal to a Judge of the County Court of the County of Elgin by so notifying the Clerk in writting and by applying for an appointment within fourteen days after the sending of a copy of the decision and, " ( the rest is what the Judge must do) clearly shows that the Property Standards Committee is only an appeal; body. The danger in requesting the Committe to pass a David R. Free, CET, AMCT(A) • Administrator/Clerk-Treasurer • • decission on the matter rather that hear an appeal is that you have removed the owners right to appeal . This , if it were to come before a Judge would be seen as denial of due process of law. The owner has two levels of appeal open to him;removal of one would clearly be an infringement of his rights under our own By-Law. This also deminishes the powers as set out by the By-Laws for the Property Standards Department , as well as involving the Council in matters that do not need their attention • at this stage. This was one of the problems that plagued the Council in the past and it was at their request that matters such as this be handled at the levels designed to do so. I would therefore request that you reconsider bringing this matter before the Property Standards Committee prematurely. Yours truly, Brian Wolfe . • File P01 (ft PORT BU THE CORPORATION OF THE S9� SVILLAGE OF PORT BURWELL �. _� t F� P. O. Box 10, Port Burwell, Ontario NO) ITO 4orpowri4 telephone (S 19)874-4343 • fax (S 19) 874-4948 °*1-1"1 PORTUS REfUG�UM August 5 , 1994 G\ MEMO U� • From B.Wolfe • Re : Charges for grass cutting The following are the lots that were cut by the Village . The charge is $100 . per lot . Elizabeth Street Subdivision 3/4 of area cut ( 30 lots ) =22 lots @ $100 . per lot = $2 , 200 . cut on July 6 , 1994 Amy Fisher ' s lot on Chatham St . - $100 . cut on June 29 , 1994 Paul Karran ' s lot (Church Block) on Strachan St . s $100 . cut on July 28 , 1994 Please bill these people in the usual way as per D. Free ' s • instructions. Brian Wolfe David R. Free. CET, AMCT(A) • Administrator/Clerk-Treasurer File P01 • pF PORT 90 THE CORPORATION OF THE PS' 9`t Fes( VILLAGE OF PORT BURWELL . �. P. O. Box 10, Port Burwell, Ontario NOJ ITO ��`E°Pha �aft telephone (519)874-4343 • fax (519) 874-4948 =i August 5 , 1994 °ORTUS REFUGE) tij C MEMO ' \� From B.Wolfe • Re: Charges for grass cutting The following are the lots that were cut by the Village . The charge is $100 . per lot . Elizabeth Street Subdivision 3/4 of area cut ( 30 lots )=22 lots @ $100 . per lot = $2 ,200. cut on July 6 , 1994 Amy Fisher ' s lot on Chatham St . _ $100 . cut on June 29 , 1994 Paul Karran ' s lot (Church Block) on Strachan St . o $100 . cut on July 28 , 1994 Please bill these people in the usual way as per D. Free ' s • instructions . Brian Wolfe David R. Free, CET. AMCT(A) • Administrator/'clerk-Treasurer / 0/ • i �4�of PORT 80 THE CORPORATION OF THE t VILLAGE OF PORT BURWELL lowek rrP. O. Box 10, Pon Burwell, Ontario N0J ITO O � telephone (519) 874-4343 • fax (519) 874-4948 i° I4 gericja 711,t MEMO (�� PORTUS REFUG" CC) To: David Free From: Brian Wolfe Date: October 27 , 1994 Re: Enforcement of the Property Standards By-Law 94-22 10 As per your request for more information regarding the enforce- ment proceedures for the Property Standards By-Law, generated by our conversation of October 24 , 1994 , please note the fol- lowing: Section 2 . 1 .4 Enforcement This By-Law may be enforced by the Property Standards Officer upon the receipt of a writ- ten and signed complaint of alleged violation of this By-Law from the Fire Chief of the Village of Port Burwell or from a citizen or ratepayer of the Village of Port Burwell- directly affected by the alleged violation. . This requirement serves several purposes , it prevents one person who mi1ght have a grudge against someone on the other side of the Village from using the Property Standards as as weapon against that person, as well as costing the Village money in "supporting' their grudge. It also exculdes the Fire Chief from this restriction as he is concerned with life/safety issues over the whole Village . Last but not least it gives the staff a written complaint to act upon. This prevents the pub- lic from claiming that the Village Office is targeting them and no one else . I hope that this clears matters up. Brian Wolfe David R. Fres, CET, AMCT(A) • Administrator/Clerk-Treasurer _ jr yet -z2 3. 8. / E2 ---,friajjA2,~4.-e -4.74- 44.1444 ,410.' 0,44tettdie -42"'7‘r14 A•64Vtrt 14U4-ft4-111 ;14:X oze etat2f-t- 4, 66iA' Zo . r of PORT s� 141W94-94- THE CORPORATION OF THE !4 _ VILLAGE OF PORT BURWELL 4 ? PO.Box 10.Port Burwell,Ontario NOJ I TO 414;iiii. roluirmx. :Ill telephone (S 19) 874-4343 • fax (519) 874-4948 PORTUS REFUGIUW' May 30, 1996 o Mr. Michael F. Peterson Barrister & Solicitor 68 Bruce Street London ON N6C 1G6 Dear Mr. Peterson Please find attached our Property Standards By-law 94-22 as well as two amending by-laws, being By-law 94-48 and By-law 95-62. We request that you review these by-laws and provide any concerns with regard to enforcement thereof. Please provide your comments at your earliest possible convenience Yours truly Akie7 i et..: : Alle David R. Free, ET, AMC'T Administrator/Clerk-Treasurer Encls. , David R.Free,CET,AMCT • Administrator/Clerk-Treasurer - fin,/lci • THE CORPORATION OF THE VILLAGE OF PORT BURWELL Post Office Box #10 21 Pitt Street Port Burwell, Ontario NOJ 1T0 BY-LAW 94-23 Being a By-law to authorize participation in the Ontario Municipal Employees Retirement System (OMERS) in respect of employees. WHEREAS pursuant to section 15 of the Ontario Municipal Employees Retirement System Act, R.S.O. 1990, Chapter 0.29 as amended, a council may be By-law participate in the Ontario Municipal Employees Retirement System (the System) on behalf of its employees and pay to the Fund the total of the employer and employee contributions, and has all the powers necessary and incidental thereto: NOW THEREFORE the Council of the Corporation of the Village of Port Burwell enacts as follows: 1. The Employer hereby elects to participate in the Ontario Municipal Employees Retirement System in respect of its employees as of the first day of September, 1994 and authorizes the Administrator/Clerk- Treasurer to submit forthwith a certified copy of this By-law to the President of the Ontario Municipal Employees Retirement Board. 2. Subject to subsections 7(2) and 7(3) of the Regulation issued under the OMERS Act, an employee who is entitled to become a member becomes a member on the first day of the month following the month in which the application is received by the President, provided that the President may, at the request of the Employers, fix an earlier day on which the employee become a member but not before the day on which the employee become entitled to be a member or the first day of January in the year in which the application is received by the President, whichever is the later date. • 1 3. Every person who becomes an employee of the Employer on or after the effective date, if such person is employed on a continuous full- time basis, shall, as a condition of employment, become a member of the System, or if such person is already a member, resume contributions to the System on the date so employed. 4. The Treasurer of the Employer is hereby authorized to deduct from the earnings of each employee who is a member of the System, the contributions required to he made by the member, and to remit such • contributions together with the amounts required under the OMERS Act to be paid by the Employer to the Ontario Municipal Employees Retirement Fund. 5. The Administrator/Clerk-Treasurer is hereby authorized to execute all necessary documents and to do all such things as are necessary to carry out the intent of this By-law, in accordance with section 5 of the OM ERS Regulation. 6. The Employer hereby approves employees employed on other than a continuous full-time basis becoming member of the System in accordance with subsection 7(4) of the Regulation issued under the OMERS Act. Read a first and sero• , time this 27th day of September, 1994. I - ke A nistrator/Clerk- reasurer 11tH Oct ‘f*r Read a thi • e and filially assed this -- day of Ser, 1994. /I / /,.�..r eve /lT' Ay, nistrator/Clerk-Treasurer N i t` 1 '. The Corporation of the Village of Port Burwell Post Office Box #10 21 Pitt Street Port Burwell, Ontario By-Iaw 94-24 Being a By-Law to authorize the municipality to enter into a • licence agreement with the OtterValley - Port Burwell Optimist Club. WHEREAS the Council of the Corporation of the Village of Port Burwell deems it necessary to lisenpe the lands of the West Bank, Otter Creek, 'Valley Camp Weigh Scale Building" for the operation of a confection booth, AND WHEREAS the municipality will levy user fees to recover costs in association with tlu maintenance of these lands, The Council of the Village of Port Burwell hereby directs the Reeve and Administrator/Clerk- Treasurer to enter into the licence agreement as presented by to the OtterValley - Port Burwell Optimist Club commencing June 1, 1994 ending October 30, 1994 Read a first and second t• e this 9th •y of August, 1994. Air • eve nustrator/Clerk-Treasurer 1 Read a third time and finally passed is 9th day of August, 1994. U:4;( -Treasurer 2 LICENSE AGREEMENT BETWEEN THE CORPORATION OF THE VILLAGE OF PORT BURWELL hereinafter the "Licensor" OF THE FIRST PART and OPTIMIST CLUB OF OTTER VALLEY - PORT BURWELL hereinafter the "Licensee" OF THE SECOND PART WHEREAS the Licensor is the Tenant of lands identified as the Westbank Lands which are shown on the map attached hereto as Schedule "A", under a Lease with the Landlord, 345990 Ontario Limited; AND WHEREAS the Licensee wishes to operate a confection booth only on those said lands in the existing structure; AND WHEREAS the Licensor warrants that the Landlord, 345990 Ontario Limited is in agreement with the said use of the lands; AND WHEREAS in consideration of the payment of the sum of $2.00 by the Licensee to the Licensor and other good and valuable consideration, the sufficiency of which is hereby acknowledged, the parties hereto agree as follows: 1. The Licensor grants to the Licensee a non-transferable license to operate a confection booth out of the premises identified in Schedule "A" attached hereto. 2. The term of the license shall be from June 1, 1994 to October 30, 1994. 3. The Licensee shall pay to the Licensor the sum of$500.00, at or before the beginning of the commencement of the term. 4. The Licensee will be responsible for carrying appropriate liability and property insurance on the said property which policy shall name the Licensor as an additional named insured. 5. The Licensee will indemnify the Licensor and save it harmless from and against any and all claims, actions, damages, liability and expenses, in connection with loss of life, personal injury, or damage to property arising from any occurrence on said lands howsoever such claims may arise. C 1 6. The Licensee shall maintain the grounds including cutting of the grass and removing all garbage. 7. The Licensee will observe and fulfil the lawful provisions and requirements of all statutes, by- laws, rules and regulations, Municipal, Provincial or Federal, relating to the said lands. 8. Either party to this agreement may at any time terminate this license by giving the other party thirty days written notice of termination. 9. Activities would cease no later than 11:00 p.m. on Fridays, Saturdays and Holiday Mondays. IN WITNESS WHEREOF THE LICENSOR AND LICENSEE HAVE HEREUN,T SET THEIR HANDS AND CORPORATE SEALS THIS 9 DAY OF, �«s T , 1994. �, R= e A4I/ - • • f" trator/Clerk-Treasurer Witness (:14 p ' •' t Club of Otter Valley - Port Burwell Witness 0 2 1I I 1 i r b 3183 3V/1 • 1 .0 0. 6 o 1 ...... 1 .7, s c! 1 , ... 1 w \ . 0. . 1 , ..41 li . _ ___ .. (6--.......„ . _._ _.._. u) 3 1 s ,.c.i.w - 1 't.3... 4— / .\;':iklita.... 1.pgt.,...� i.„404-\Z Jen* II?. '1' figar'MWAA _ 27- :-. . , _--...s!,..+.... „....,. 1 - c_:,,, . ,` AV k P;,,, 0 \ � I Er/0 •e — Q• —41"1 li ., --ca Ti j t,. \ . ' II rr, ‘11. , 0. . \1 ;(a to' .., , ..._ .. , , i \ ,„... ofi r. . . ,„.. .. rc ci 1' *41 a' . ''. . --: i , -0-- , ,,, , ., -.- ( .,\\\ - } i • • - ,‘‘ . i . _.,,....„_e-,.,..._ 4,..., ,,,. \ \,. . 4. : f i i \, , fA NIP:1145:4 ."'il0 i % ' I. I 1 ttPlitl, - - - - ---. 1,07•44:11:S:11,16;:0_,riffiii,I. 1 •,,..111 , Aik • •••••• dttr-j SZsi, ...... ll \\II , 1ii. ...r......0 4.11M,91 I ilt $ ,/ Ill, I( Ifigf - et-A 4 il . ---" 1 i' • ' ill.Q • ' N 14,11ianti II r tiki kifict _ lokk. ' ilic�g" �y .r 1iiii hU! j f411 t. _ - �.� i _ ii•'.. gob ,ai_ Z. ri 10 p, ..... .ii Agit ,'� ', 4 i' 1 I , \ 4' , Iii --, OPTIMIST CLUB OF OTTERVALLEY - PORT BURWELL Olh s • CLUB NO 45-160 Ce," F Attention : David Free : c/o Port Burwell Town Council Regarding : The White Building On the West Side of the Harbour We, the Optimist Club of OtterValley, Port Burwell , would like to lease this building from the village to raise funds for our community. With the assistance of volunteers, we would be able to make the building more attractive to incoming visitors. Our intentions would be to sell hot dogs and cold drinks. We would like to get started immediately on this project as our first summer long weekend is approaching fast . Location: On the west side of the harbour, adjacent to the lower Provincial Park Entrance. POINTS OF INTEREST: 1 ) Our club colours are white with blue lettering. Therefore we would maintain the same colours that currently exist on the building. 2 ) The building requires roof repairs that would be seen to by our club. 3 ) A portion of our proceeds would go to the Fire Department for the fire fighters who require the hepatitis B vaccination and are not covered under their own medical plan. 4 ) The building needs windows, shutters and a door. We would take care of these needs. 5 ) The town could insure we have a working sewer system and appropriate electrical service provided (existing panel handles 60 amps which is sufficient ) . 6 ) Our club would pay for any electrical usage. 7 ) You had suggested a fee of $500. 00 for the season that would go towards the initial set up of the building. We would take care of all the building repairs instead of paying the suggested fee the first year. (n, APR 2 b 1994 • ERIEN p OST OF Y • 0 8 ) We would like to know if tables could be set up on the grass area surrounding the building to be used for customers to sit and eat our "world famous hot dogs" . 9) We would like to establish a 3-5 yr agreement with the town for this building. 10 ) We would donate $500. 00 per season to the village for each additional year after the first year and would maintain the appearance of the building for each year mentioned in point 4 9. F.Y.I . : 1 ) We have fed over 700 children free at our monthly breakfast since we were chartered October 1992 . 2) Other community contributions totalling over $3200 include those to the Miracle Telethon, Trinity Parish Hall , Scout hall , Cubs, Fire Fighter ' s Association. 3 ) This summer we are trying to raise funds for : 1 ) Fire Fighter' s $1800 2 ) Baseball Players $ 500 3 ) Senior' s Day $2000 (Day for our local seniors to have a day on us, and enjoy charter fishing, light lunch, and dinner _ scheduled for July 9th, 1994 ) CLOSING: We would like to begin repairing the building the first week in May . You and the town council could oversee our repairs to ensure we meet your requirements. Thanks , in advance for the opportunity, 6.00:02>27e< �J John Mann, Paul Vyse Fund Raising Chairperson President ps We would like to put a supervised, fenced in, water slide on the east beach. Is it possible to obtain an answer to this matter at the same time? Village of Port Burwell Concession Booth Proposal (West Bank of Otter Creek) prepared by D R Free, CET, AMCT(A) Adminstrator/Clerk-Treasurer January 14, 1994 • - ' '''',1 /pi I' • li ' b i ' .a- - .4, 14k. i)li I- kit1N0 t-Ps.A., 0 ,I I 4:f k.. _ y:,,,, /) "tv Iv_ts.,h_ _ 114_,,i,„ Iti rani.44 " ( / ' `'' -`'`'"'------ 24-- 41---,, 11 I ISPalliMi wir SII/� .� 1111151- ' rU.— 1 l` ;;.— - 1011,4r- rrr 1 ( 1,"..i -- TI rd ■ , Rive:1,1 11 / ill / * 1 \ \ %1 1 °. 6.41. '411 °"r*1 c ---- ----... .„,, c) 1 I ( Ft ..-Q..------ Ili r-,\-, 17 , ...„,....... --,. ----._ 4/ Whi - I\\\ ,\ '-.1116''',-:4; ---••— ' "I • '7"Y " b'is.4 )Iji 110,d 01 .1 _ _. '''' ....N..._--1 iiir ) ,, , . ! ,,, , , ,-.4 ......... , ..,...... , ° \ \\* \ ' 1144.4 1 7 1„,,..\ ti ie .. li,,! „ ____, ,.....,..ir ,, . ....„,____,..... _-- -4-; A.! :‘,\\-A\ i. MA:: 44 4070 ‘- 1111`. 7 , --____ ;1 < \ • 1 r\y, j - . - it' r':' (1 I • 4--11 . ' r! r• • I =\ II 1 4, • \%iiiiiik V. IVA, .„..:--- 1 t 1 z la1 t. O ,.,.,/ . g - _,, .d. 0 .. 1 I \\4 1 . r__, •.,.. 7.41, a 0 ! \ --- Concession&Information Booth West Bank Otter Creek SCALE: A►►rtovcD M._ «.w,e, DATE REVISED Wage of Port BurwellDA.w„ meta, 11•,> ...................O../INN.• . ELECTRICAL PNL. NOTES: -8 SLOCK WALLS 2' DOOR -WASH Room WALLS 2x4 STUD 0 5'9- i s IILOCIC BUiLDfN4 - WEST SANK OF THE OTTER PORT BiRWELL - ONTXIRSO DRAwN BY g.Woke 1'4 OCT 93 . .L n 11 rrEi 1 CM= __SOltTN SIDE NORTH_ QBE_ 1 6' 6'4- 3a• f i + I 1 ! !,,_.2'..,"__Iij /...51._ , L__ -— 6''9' - � 'e----7-----7+' - ,— 13-u. tc i _. $LOG( BUILDING - WFcr BANK or THE OTTER SCALE. Vy'v l i .2•F3 - ►koRT 3URWELL- GMTARit. DQAwN BY B•M/oW'e 1,1 OCT 93 1 :x. ., r ! __+,71.._ _ _\s i 1 MO ell 1111111 7P 40 1 t a'-`4" i'--- ! 2:,/- iiiii.voriti-4.r.:, 8' .2.-0q f if-7. rr I "� 1 s *---A"-.--0. 3 I i .. - a- �. 5, _ __ 7-s' b N-4-' a - — /,2=8'. - - - V - /41 ' -- --- - . BLOCK 8"-P' Kt - WEST ZANS< OF TNF orrem. SCALE : Vii"= /' / or 3 -4,_ PORT $vcwELL- - o►»Alkie DaAwN BY 3.WH'e pi oc7 93 �•-040 The Corporation of the Village of Port Burwell Post Office Box #10 21 Pitt Street Port Burwell, Ontario By-Law 94-25 Being a By-Law to authorize the municipality to enter into a licence agreement with the Otter Valley - Port Burwell Optimist Club. WHEREAS the Council of the Corporation of the Village of Port Burwell deems it necessary to lisence the lands of the West Bank, Otter Creek, "Helipad Area" for the operation of a recreational area, AND WHEREAS the municipality will levy user fees to recover costs in association with the maintenance of these lands, The Council of the Village of Port Burwell hereby directs the Reeve and Administrator/Clerk- Treasurer to enter into the lisence agreement as presented by to the OtterValley - Port Burwell Optimist Club during the months of July and August, 1994 Read a first . second t'.- e this 9t• day of August, 1994. • R: e ministrator/Clerk-Treasurer 1 Read a third time and finally 'awed this 9th day of August, 1994. Reeve • .,.1 ..=trator/Clerlt-Treasurer • 2 LICENSE AGREEMENT BE 1WEEN THE CORPORATION OF THE VILLAGE OF PORT BURWELL hereinafter the "Licensor" OF THE FIRST PART and OPTIMIST CLUB OF 0 ITER VALLEY- PORT BURWELL hereinafter the "Licensee" OF THE SECOND PART WHEREAS the Licensor is the Owner of lands identified as the Heli-Pad Area, which is shown on the map attached hereto as Schedule "A"; AND WHEREAS the Licensee wishes to operate a recreational area on said lands; AND WHEREAS in consideration of the payment of the sum of $2.00 by the License to the Licensor and other good and valuable consideration, the sufficiency of which is hereby acknowledged, the parties hereto agree as follows: 1. The Licensor grants to the Licensee a non-transferable license to operate a recreational facility on the premises identified in Schedule "A" attached hereto. 2. The Licensee intends to operate a family entertainment park consisting of games and small rides, a children's play area, a petting zoo, and other special entertainment events and activities applied for and prior approved by Council. 3. The Licensee intends to operate those facilities during the months of July and August of 1994. 4. The Licensee shall pay to the Licensor the sum of One Hundred Dollars per week on the first Monday of each week during the period of the license. 5. The Licensee will be responsible for carrying appropriate liability and property insurance on the said property which policy shall name the Licensor as an additional named insured. 6. The Licensee will indemnify the Licensor and save it harmless from and against any and all claims, actions, damages, liability and expenses, in connection with loss of life, personal injury, or damage to property arising from any occurrence on said lands howsoever such claims may arise. 1 7. The Licensee shall be responsible for maintaining the grounds in a neat and tidy condition, including cutting of the grass and removal of all garbage and other debris. 8. The Licensee will observe and fulfil the lawful provisions and requirements of all statutes, by- laws, rules and regulations, Municipal, Provincial or Federal, relating to the said lands. 9. Should the Licensee erect a waterslide, then 40% of any revenues generated from the operation of that waterslide will be paid to the Licensor, with the intent that said monies would go towards dredging of the Licensor's harbour. 10. The Licensee shall provide adequate parking within the subject lands shown on Schedule "Al'. 11. Either party to this Agreement may at any time terminate this License by giving the other party 30 days written notice of termination. 12. Activities would cease no later than 11:00 p.m. on Fridays, Saturdays and Holiday Mondays. IN WITNESS WHEREOF THE LICENSOR AND LICENSEE HAVE HEREUNTO SET THEIR HANDS AND CORPORATE SEALS THIS (t-tµ DAY OF , 1994. /1i/ /'AI Ai1/4► Reeve /61 Administ . or/Clerk-Treasurer Witness Optimist Club of Otter Valley - Port Burwell '� tness 2 ' -altA 11.1"3170-ArirrIi"th t .61iier • iii, irr . •1 ,i . 1.1 ar 1.I.1 il**4. Allri Pl''''-'11.1.2P)IfAtiliii ‘11 '147t1.1"...P � j _ W fi la I it \ - ._. �� 11i "---�` ' .+ -L --- I C e. .r Otter Crank / _-------/-*---.0 1 ` / t- ° Q p. ), , ..,,.... _____ _ . , .........,,,- (----' 'Ws .0, r - .--"g•;21 1 ......,-„,,. ...,______. . ---„--__,,, . ,,._ ! ih 4c./), f(; 0/ • , . _ _ ...._ _, , _...., _ i)..i.-7,,, ) .,) ,......... • , - ---- 0 n , , ic • ,,,,L ...,A ...e. „, --r.„. -,..-, .ct7 1 �� ,.•�:,— ._ —L— -.__��I1 Es_P�...--_,‘7, /. J �� 1 i tii I.H fitt ,...4,1 ---_\ 1,x,I L � �r �r�sir ��-• r", JP : :- . it ' ir, 'DCD • --...:: Ce / • • Schedule "A" Land Use Proposal sup[ .w*OVIO sT DRAWN n ORF M DST( IKY6[D Optimist Club of Otter Valley- Port Burwell . Village of Port Burwell De...wD"v..[. it a II ~to a s NMI eur..r.. t The Corporation of the Village of Port Burwell Post Office Box #10 • 21 Pitt Street Port Burwell, Ontario By-Law 94-26 Being a By-Law to authorize the Reeve and the Administrator/Clerk-Treasurer to enter into an agreement with Cyril J. Demeyere &Associates for a Roads Needs and Drainage Study for the Municipality WHEREAS the Council of the Corporation of the Village of Port Burwell deems it necessary to to enter into an agreement with Cyril J. Demeyere & Associates for a Roads Needs and Drainage Study for the Municipality The Council of the Village of Port Burwell hereby directs the Reeve and Administrator/Clerk- Treasurer to enter into the agreement as presented by Cyril J. Demeyere &Associates. Read a first and second ' e this 9th day of August, 1994. eeve A�cn' ' imstrator/Clerk-Treasurer Read a third time and finally passed this 9th day of August, 1994. 4 / IIr1 / . Re: e Administrator/Clerk-Treasurer I SOF PORTS, THE CORPORATION THE 3G 9�� VILLAGE OF PORT BURWELL P.O. Box 10, PortBurwell, OntarioOF NOJ ITO 4111110 telephone (519) 874-4343 • fax (519) 874-4948 4 I p August 10, 1994 Cyril J. Demeyere &Associates Box #606, 261 Broadway Tillsonburg ON N4G 4J1 Attention: Mr. Cyril Demeyere Dear Mr. Demeyere Please find enclosed a copy of our By-Law and the agreement between your firm and our municipality with regards to the Roads Needs Study and the Master Drainage Plan. I trust that you will find the attached in order and if you should have any further questions please feel free to call, and we look forward to the draft copies of the previously said studies. Sincerely yours 0� Free, CET, AMCT(A) .d rninistrator/Clerk-Treasurer Encs. Tom Nesbitt • Reeve David R. Free, CET,AMCT(A) • Administrator/Clerk-Treasurer Councillors • E. Epple, G. Loucks, C.AIIin, J. Hevenor ! ..�,.-r.�..... .. .._...s.s.ov..�....+.r..,....— - . . ..._,ss......mors. The Corporation of the Village of Port Burwell Post Office Box #10 21 Pitt Street Port Burwell, Ontario By-Law 94-26 Being a By-Law to authorize the Reeve and the Administrator/Clerk-Treasurer to enter into an agreement with Cyril J. Demeyere &Associates for a Roads Needs and Drainage Study for the Municipality WHEREAS the Council of the Corporation of the Village of Port Burwell deems it necessary to to enter into an agreement with Cyril J. Demeyere &Associates for a Roads Needs and Drainage Study for the Municipality The Council of the Village of Port Burwell hereby directs the Reeve and Administrator/Clerk- Treasurer to enter into the agreement as presented by Cyril J. Demeyere &Associates. Read a first and second '...a this 9th day of August, 1994. 11, '' ‘14* 'eevef. 111/4 Sif)'1. trator/Clerk-Treasurer Read a third time and finally passed this 9th day of August, 1994. iii ii / R-, e Ailey .':trator/Clerk-Treasurer / 1 P.O. BOX 605 CYRIL J. DEMEYERE, P.ENO. 251 BROADWAY JOHN D.WIEBE, P.ENG. TILLSONBURG, ONTARIO N40 4J1 CYRIL J. DEMEYERE LIMITED (519) 68e-1000 CONSULTING ENGINEERS FAX (519) 542-9236 4 August 1994 9409 Village of Port Burwell , P.O. Box 10, Port Burwell , Ontario • NOJ 1TO . ,�_? �,r • RE: ROAD MANAGEMENT STUDY, \,, Nub 9 Sg4 \\ VILLAGE OF PORT BURWELL 3* ._ .;3'- L- --- - ATTENTION: MR. DAVID FREE, C.E.T. , AMCT(A) , ADMINISTRATOR/CLERK-TREASURER Dear Sir: Enclosed are two copies of the Agreement Between Client and Engineer for Professional Engineering Services for execution by the Village. If there are any questions, please do not hesitate to contact this office. Yours very y, 41._ it J. Demeye , P. Eng. CJD/sed Encl . i u � r . • Recommended Form -of Agreement Between Client and Engineer for Professional Engineering Services rss4;;S Published by: /�_� Ova OF ( nlor�OF THE ASSOCIATION OF PROFESSIONAL g ONTARIO fa ENGINEERS OF THE PROVINCE OF ONTARIO 1l�OgPOgATFO Z` / 1912 '/� Toronto,Ontario. 1977 24/6'81/2M RECOMMENDED FORM OF AGREEMENT BETWEEN CLIENT AND ENGINEER FOR PROFESSIONAL ENGINEERING SERVICES APPROVED BY THE COUNCIL OF THE ASSOCIATION OF PROFESSIONAL ENGINEERS OF ONTARIO AGREEMENT made in duplicate this fourth day of August 1994 BETWEEN: Village of Port Burwell hereinafter referred to as the "Client", and Cyril J. Demeyere Limited hereinafter referred to as the "Engineer". WHEREAS the Client has requested the Engineer to perform the services set out in Article II hereof in connec- tion with the Project (as hereinafter defined) and the Engineer has agreed to perform such services on and subject to the terms and conditions of this Agreement; NOW THEREFORE, in consideration of the mutual promises hereinafter contained,the Client and the Engi- neer agree as follows: Article I — DEFINITIONS: The terms defined in this Article I shall for all purposes of this Agreement have the meanings herein specified unless the context otherwise specifies or requires: • I. "Association"shall mean the Association of Professional Engineers of the Province of Ontario; 2. "Project"shall mean: Road Management Study Article II — ENGINEERING SERVICES: The Engineer shall perform the following services in connection with the Project: The Road Management Study will be completed in accordance with the Methods and Inventory Manual for Small Lower Tier Municipalities as prepared by the Ministry of Transportation. The main items will be: (a) Inventory of the road system. (b) Estimate of existing traffic volumes. (c) Establish condition rating for each road section. (d) Identify normal maintenance needs (fixed costs) from previous records. (e) Identify specified maintenance and construction needs based on "bench mark" costs. (f) Establish equipment and housing needs. (g) Preparation of a recommended 5 year improvement program listing all needs that can be accommodated within the municipality's current expenditure level . (h) Determine stormwater catchment areas, prepare an inventory of drainage systems, complete preliminary design and cost estimates for inclusion in the 5 year improvement program. (i ) List all construction needs that cannot be accommodated within the municipality's current expenditure level . • • 3. Article IV — EXPENSES AND DISBURSEMENTS: 1. The Engineer shall be reimbursed for all expenses properly incurred by him in connection with the Project including, but not limited to, automobile mileage, reasonable travelling and living expenses,long distance telephone charges, teletype and telegraph charges, printing and reproductions, progress photography,ad- vertising for tenders, special delivery and express charges,*vertime premium payments, and the cost of providing and maintaining site offices,supplies,and equipments. 2. The Engineer shall also be reimbursed at cost plus a charge of 0 % of such cost as an administrative charge for approved special consultations such as sub-surface investigations,legal surveys and chemical and physical tests. Article V — PAYMENT OF FEES AND EXPENSES: Payment of fees and reimbursable expenses for services performed by the Engineer for which the fee is calculated on a Time Basis shall be made within 30 days after the Engineer has forwarded to the Client his statement of account,rendered monthly. 2. Payment of fees and reimbursable expenses for services performed by the Engineer for which the fee is calculated on a Percentage of Cost of the Work shall be made within 30 days after the Engineer has forwarded to the Client his statement of account. The monthly fee shall be based upon the Engineer's monthly progress estimate pro-rated on the basis of the amount of design work completed,applied against agreed estimated construction costs. If the design of any part of the Project has been completed but tenders for the work have not been called,the fee then due to the Engineer shall either be calculated on a time basis or on the Engineer's estimates of the Cost of the Work,at the option of the Engineer. If subse- quently tenders are called and received, or the Cost of the Work is ascertained within one year of the completion of the design,then the Engineer's fee shall be adjusted accordingly. 3. Overdue accounts are subject to carrying charges at a rate of 1.Q %per month. $if Article VI — GENERAL TERMS AND CONDITIONS: I. Co-operation (a) The Client shall give due consideration to all designs,drawings,plans,specifications,reports,tenders, proposals, and other information provided by the Engineer,and shall make any decisions which he is required to make in connection therewith within a reasonable time so as not to delay the work of the Engineer. (b) The Client shall, at the request of the Engineer,provide the Engineer with the following information and documents relating thereto, except insofar as the Engineer is expressly required to furnish the same under the terms hereof: (i) all pertinent information which may affect the work to be done,including a correct survey of the site and existing facilities and utilities; (ii) accurate information;plans,and specifications regarding any other existing or proposed buildings or works which are involved, and insofar as such information is not available,the cost of obtain- ing the same shall be borne by the Client; (iii) copies of all bids and contracts for the work for which the Engineer is responsible and copies of all quotations, certificates for payment, and final accounts in connection with work insofar as they do not originate in the Engineer's office. 2. Plans,Specifications and Designs Any and all plans, specifications, drawings and designs furnished by the Engineer will be prepared on the assumption that all information supplied by the Client or on behalf of the Client by any person or persons other than the Engineer is correct,and the Engineer shall not be liable for any loss or damage arising from any inaccuracy in such information.The Client shall immediately notify the Engineer of any discrepancies or inaccuracies in such information as they become apparent.The Engineer shall be entitled to make any necessary change or changes in his plans,specifications,drawings,or designs at the Client's expense if any such information should be erroneous or inaccurate. 5. 3. If the Engineer is an individual and is unable to satisfactorily perform his services hereunder due to physi- cal or mental incapacity for a period of 15 consecutive days or for the aggregate of 20 days in any 2 month period the Client may terminate this Agreement on 48 hours notice to the Engineer and shall pay for the services rendered and disbursements made to the date of such termination. 4. If a party to this Agreement who is an individual should desire to bring in a partner or partners, or if a party which is a partnership should desire to bring in a new partner or partners to share the benefit and burden of this Agreement,he or it may do so but shall promptly notify the other party of such action. 5. Except as aforesaid neither party shall assign this Agreement without the consent in writing of the other. IN WITNESS WHEREOF the parties hereto have executed this Agreement on the date first above appearing. Client 0i6 ••,,,,/ -77-, ,0.66.7 ,« s y / it / 41111" J v eerI' aril J. Demey-re Limited w 7. 1 ' PROPOSAL FOR CONSULTING ENGINEERING SERVICES ' TO THE VILLAGE OF PORT BURWELL FOR ROAD MANAGEMENT STUDY I I I I CYRIL J. DEMEYERE LIMITED 9400-1 Consulting Engineers, 10 January 1994 Tillsonburg, Ontario 1 1 , CYRIL.1. DEMEYERE LIMITED 1 TABLE OF CONTENTS 1 1. COMPANY QUALIFICATIONS 2 . STAFF ' 3 . COMPUTER EQUIPMENT 4 . ENGINEERING FEES 5. REIMBURSABLE EXPENSES 6. COST OF STUDY 7 . TIME FOR COMPLETION ' 8. STUDY METHODS AND PROCEDURES ' 9. MAPS TO BE INCLUDED IN STUDY 10. DESIGN CRITERIA MANUAL 11. DISCUSSION APPENDIX 'A' REQUEST FOR PROPOSAL FROM VILLAGE OF PORT BURWELL ' APPENDIX 'B' QUALIFICATIONS AND EXPERIENCE OF PRINCIPALS APPENDIX 'C' EXPERIENCE RESUME OF COMPANY, PARTIAL SUMMARY OF MAJOR PROJECTS 1 P.O. Box eoe CYRIL J. DEMEYERE, P ENG. 261 BROADWAY ' JOHN D.WIEBE, P.ENCi. TILLSONBURG. ONTARIO N4G 4J1 CYRIL J. DEMEYERE LIMITED (519) 8ee-1000 CONSULTING ENGINEERS FAX (519) 842-3235 10 January 1994 9400-1 Village of Port Burwell , ' Box 10, Port Burwell , Ontario NOJ 1TO IRE: ROAD MANAGEMENT STUDY, CONSULTING ENGINEERING SERVICES ATTENTION: MR. DAVID R. FREE, C.E.T. , AMCT(A) , ADMINISTRATOR/CLERK-TREASURER Dear Sir: With reference to your correspondence dated 21 December 1993, we are pleased to provide the following information to be considered in the selection ' of a Consulting Engineering firm for the preparation of a Road Management Study for the Village of Port Burwell . ' The following information is submitted for your consideration. 1. COMPANY QUALIFICATIONS ' Cyril J. Demeyere Limited, established as a Consulting Engineering firm in Tillsonburg in 1963, specializes in municipal engineering projects. Refer to Appendix 'B' for a partial summary of major projects. t Projects undertaken include: ' - road construction and reconstruction ' - road management studies storm sewers and stormwater management - water distribution, supply and storage ' - sanitary sewage collection and treatment Municipal drains ' - servicing of residential and industrial subdivisions CYRIL.1. DEMEYERE LIMITED Mr. David R. Free - 2 - 9400-1 1. COMPANY QUALIFICATIONS (Cont'd) Our clients include the Towns of Tillsonburg and Aylmer, City of St. Thomas, Public Utilities Commissions in Tillsonburg, Aylmer and St. Thomas, County of Oxford and the Ministry of Environment and Energy. Our firm completed the 1980 Road Needs Study for the Town of Tillsonburg as per the accompanying copy of the Study. Our firm also has considerable experience in storm sewer design and stormwater management. In view of our experience, we feel qualified to undertake the study. 2. STAFF The principals of the firm will be involved in the following capacities: CYRIL J. DEMEYERE, P. ENG. - Project Manager JOHN D. WIEBE, P. ENG. - Design Engineer Refer to Appendix 'B' - Qualifications and Experience of Principals and Appendix 'C' - Experience Resume of Company, for the nature of major projects completed by the Principals. Other staff that may be involved are as follows: Paul Tuff, P. Eng. - Junior Engineer Peter Penner, P. Eng. - Junior Engineer Terry O'Shea - Computer Technician Bill Mates - Intermediate Technician Don Storer - Senior Technician GYRIL .1. DEMEYERE LIMITED Mr. David R. Free - 3 - 9400-1 3. COMPUTER EQUIPMENT Our survey crew is equipped with a Wild electronic TOTAL STATION survey unit complimented with the capacity of downloading into our computer and Iplotter. Our drafting department is equipped with 486/33 MHz computer and a Hewlett Packard Draftmaster SX. Computer aided drafting and design are accomplished with AUTOCAD Release 12 and the SOFTDESK CIVIL SURVEY Package. MIDUSS software is used for stormwater management. WORDPERFECT 6.0 is used for all correspondence, reports and specifications. In-house IIcustomized programming of LOTUS 1-2-3 is used for various applications as required. ' 4. ENGINEERING FEES ' Principals (Demeyere and Wiebe) are charged out at $110.00 per hour. The staff are charged out on an hourly rate basis at Payroll Cost plus 90%. I Payroll cost is salary (or hourly wage) plus payroll burden which includes items such as Worker's Compensation, Medical Plan, vacation, statutory holidays, sick leave, etc. The following is the method used to determine the hourly billing rates: Example: $35,000 (salary) = $16.83 per hour II40 hrs x 52 weeks HOURLY BILLING RATE = 16.83 + 29.6% payroll burden x 1.90 = $41.44/hour. 1 CYRIL J. DEMEYERE LIMITED Mr. David R. Free - 4 - 9400-1 5. REIMBURSABLE EXPENSES The following are Reimbursable Expenses prepared by the Association of Consulting Engineers of Ontario. Our charges have been added for comparison purposes. Please note that our firm does not add any handling or administration charges to reimbursable expenses. CONSULTING ENGINEERS OF ONTARIO REIMBURSABLE EXPENSES FOR 1992 1994 CJDL Owned Automobiles - 50.31/km 50.29/km Travel expenses - cost + handling charge' COST ONLY (transport, meals, accommodation, car rental, taxi, parking) Photographs, printing, delivery - cost + handling charge' COST ONLY Printing (in-house) - S0.25/per sq ft on paper S0.17 S I.00/per sq ft on sepia Photocopy (in-house) - 50.25/sheet $0.20 Electronic mail - SI.00/sheet COST ONLY Long distance telephone - cost + handling charge' COST ONLY Computer Aided Drafting Station - PC based - 525.00/hour 520.00/hour Plotting of Computer Aided Drawings - S15.00/sheet on paper 530.00/sheet on vellum NO CHARGE $50.00/sheet on mylar Total station survey equipment - $20.00/hour 515.00/hr Outside computing services - cost + handling charge' COST ONLY Sub-consultants - cost + handling charge' COST ONLY Client requested increase in insurance - cost + handling charge' COST ONLY All Taxes are Extra • The handling charge vanes from 5% to 15% and is intended to compensate for additional accounting,purchasing,contract administration,professional liability insurance premium,etc. It does not cover coordination of the sub-consultants' work. NOTE: WE DO NOT ADD ANY HANDLING CHARGES ON EXPENSES. CYRIL J. DEMEYERE LIMITED Mr. David R. Free - 5 - 9400-1 6. COST OF STUDY The upset limit for completing the main elements of the study as outlined in the request for proposal dated 21 December 1993 is $10,000 plus ex. - , • .nd GST. The_expenses are estimated to be $1,500 and will 'nclude twelve copies of the stu . 7. TIME FOR COMPLETION The optimum time to review the condition of the road surfaces is early April . We are therefore proposing that the initial draft of the study would be available circa 30 April 1994. 8. STUDY METHODS AND PROCEDURES The road management study will be completed in accordance with the Methods and Inventory Manual for Small Lower Tier Municipalities as prepared by the Ministry of Transportation. The main items will be: (a) Inventory of the road system. (b) Estimate of existing traffic volumes. (c) Establish condition rating for each road section. (d) Identify normal maintenance needs (fixed costs) from previous records. (e) Identify specified maintenance and construction needs based on "bench mark" costs. (f) Establish equipment and housing needs. (g) ✓Preparation of a recommended 5 year improvement program listing all needs that can be accommodated within the municipality's current expenditure level . (h4 Determine stormwater catchment areas, prepare an inventory of drainage systems, complete preliminary design and cost estimates for inclusion in the 5 year improvement program. (i) List all construction needs that cannot be accommodated within the municipality's current expenditure level . — � Q�t�r�n��t.�►� 7 I GYHII. ,1. DEMEYERE LIMITED IIMr. David R. Free - 6 - 9400-1 II 9. MAPS TO BE INCLUDED IN STUDY II The followingas a minimum will maps be included in the study: II (a) Jurisdictional Classification of Roads. (b) Functional Classification of Roads. t (c) Road Section Numbers (including Bridge and Railway Crossing Inventory) . II (d) Condition Rating Number for Each Road Section. (e) Stormwater Catchment Areas (including existing and proposed storm II sewers) . 10. DESIGN CRITERIA MANUAL II As a supplement to the Road Management Study, it is suggested that our II firm be retained to prepare a Design Criteria Manual which can be used as the basis for improvements to the Village's infrastructure as well as a I guide for Consulting Engineers designing the services for subdivisions. The manual can include criteria for sanitary sewers, storm sewers, t stormwater management, watermains, roads, lot grading as well as any standard details of construction that may be preferred over the Ontario Provincial Standards. II The estimated cost to prepare a design criteria manual is $1,500 plus IIexpenses and GST. II II II 1 1 . CYRII..J. DEMEYERE LIMITED Mr. David R. Free - 7 - 9400-1 1 11. DISCUSSION We feel that our firm is oriented torovidin p g engineering services to ' medium and small size municipalities on a continual basis. For example, our firm has been retained as Consulting Engineers by the Towns of Tillsonburg and Aylmer for 31 years. 1 We prefer to have projects that are within a 30 mile radius of our office since we believe that close proximity to a project results in a higher standard of supervision and reduced engineering costs to the client. We ' would appreciate the opportunity to complete the Road Management Study in hopes of eventually becoming the Village's Consulting Engineers. ** ** ** All of which is respectfully submitted, /6a, d Cyril J. Demeyere, P. Eng. CJD/sed ' Encl . APPENDIX 'A' ' G��F PORTg,94, THE CORPORATION OF THE 44100 VILLAGE OF PORT BURWELL - P.O. Box 10, Port Burwell, Ontario NOJ ITO -" telephone (519) 874-4343 • fax (519) 874-4948 \"" t, 411 4 ' December 21, 1993 1 Cyril J. Demeyere Limited ' Consulting Engineers Box #606, 261 Broadway Tillsonburg, Ontario ' N4G 4J1 Attention: Mr. Cyril J. Demeyere ' Dear Mr. Demeyere The Corporation of the Village of Port Burwell has selected your firm to submit a proposal to ' assist in a Road Management Study. The study will be in accordance with procedures detailed in the Ministry of Transportation and Communications Methods and Inventory Manual for Small Lower Tier Municipalities. The main elements of the study are: Inventory of Road System of approximately 12 km. ' Recommend maintenance and construction improvements and costs. Prepare list of equipment and housing needs (townships only). ' Review existing structure and identified needs. Preparation of a recommended 5 year improvement plan within the current budget expenditure level. ' List all construction needs that cannot be accommodated within current expenditure level. Inventory of Drainage Systems ' Recommend maintenance and construction improvements and costs. During the course of the study it is important to liaise with the Administrator/Clerk-Treasurer ' David Free and the Ministry's representative. ' Tom Nesbitt • Reeve David R. Free, CET,AMCT(A) • Administrator/Clerk-Treasurer con!'d Councillors • E. Epple, G. Loucks, C. Allin, J. Hevenor I Ipage 2. • ' Upon completion of the study you will made a presentation to the Municipal Council on the study findings and recommendations. Please be informed that Ontario Base Mapping has been completed U at a 1:2,000 metric scale. The mapping has 1.0 metre contours and is available in digital format (.dzf, autocad). I If your firm is interested in undertaking this study please provide two copies of your proposal to the address listed above no later than January 11, 1994. IYour firms proposal should cover the following points: I1. The qualification of your firm to undertake the study. 2. The name of the project manager responsible for the work. I3. The dollar limit proposed. I 4. Any other points deemed worthy of mention. I Your proposal will be considered at a future Municipal Council meeting date to be determined at the Village of Port Burwell Municipal Offices. I - ID!`�Free, CET, AMCT(A) dministrator/Clerk-Treasurer I I APPENDIX 'B' QUALIFICATIONS AND EXPERIENCE OF PRINCIPALS CYRIL J. DEMEYERE, B.A.SC. , P. ENG. EDUCATION Queen's University, Kingston, Ontario Civil Engineering, Class of '60. PROFESSIONAL Member, Association of Professional Engineers of Ontario AFFILIATIONS Designated Consulting Engineer Member, American Water Works Association PROFESSIONAL 1963 - Date Principal , Cyril J. Demeyere Limited EXPERIENCE 1961 - 1963 M.M. Dillon Limited 1955 - 1960 Undergraduate Department of Highways JOHN D. WIEBE. B.A.SC. , P. ENG. EDUCATION University of Waterloo, Waterloo, Ontario Civil Engineering, Class of '72 PROFESSIONAL Member, Association of Professional Engineers of Ontario AFFILIATIONS Designated Consulting Engineer PROFESSIONAL 1974 - Date Cyril J. Demeyere Limited EXPERIENCE 1972 - 1973 Ministry of Transportation & Communications 1969 - 1971 Undergraduate Department of Highways ** ** ** The Principals listed above are responsible for all phases of municipal engineering projects, including environmental assessment reports, preliminary design reports, feasibility studies, and road needs studies. Both principals were actively involved in all of the major projects listed in Appendix 'C' . 1 II APPENDIX 'C' II EXPERIENCE RESUME OF COMPANY IIPARTIAL SUMMARY OF MAJOR PROJECTS U LOCATION CLIENT PROJECT DATE ST. THOMAS/AYLMER MOEE 14,000 m OF 450 mm TRUNK WATERMAIN IN PROCESS I ($4,000,000) TILLSONBURG TOWN CONNECTION LINK RECONSTRUCTION ($1,000,000) 1989 -93 IST. THOMAS CITY EDUCATION/RECREATION COMPLEX ($4,500,000) 1993 CITY/PUC TALBOT ST. E SAN. SEWER & WM ($1,900,000) IN PROCESS IST. THOMAS PUC WATERMAIN RECONSTRUCTION - BOOSTER PUMPING STATION ($500,000) 1992 II - SOUTH EDGEWARE/TIKE ($500,000) 1992 - ELM STREET/MARY E. ($600,000) 1991 - ST. GEORGE/QUEEN ETC. ($1,200,000) 1990 :l1 - KAINS/ST. CATHARINE, ETC. ($600,000) 1989 - ST. ANNE'S PLACE ($100,000) 1988 - CURTIS ST. , PARK AVENUE ($500,000) 1987 - STEELE STREET, ETC. ($350,000) 1986 ST. THOMAS DEVELOPERS - MAJOR SUBDIVISIONS II AND AREA - YARMOUTH ESTATES, BRIDGEVIEW 1991 ($2,700,000) ONGOING - PARKWOOD PLACE - 3 PHASES ($1,000,000) 1988-90 I - BRIDGEVIEW HGTS - 3 PHASES ($1,200,000) 1988-92 - HARWILL INDUSTRIAL ($400,000) 1989 II - FAIRVIEW PHASE IV ($800,000) 1987 - TALBOT MEADOWS PHASE 1 ($800,000) 1988 IIAYLMER TOWN/MTO - TALBOT STREET RECONST. ($1,400,000) 1989-90 TILLSONBURG PUC - TRUNK WATERMAIN ($600,000) 1989 II - WELLS #9, 10, RESERVOIR AND HIGH LIFT PUMPING STATION ($600,000) 1988 II II IContinued - 2 - 1 APPENDIX 'C' 11 PARTIAL SUMMARY OF MAJOR PROJECTS (Cont'd) t LOCATION CLIENT PROJECT DATE ITILLSONBURG TOWN - VAN NORMAN INDUSTRIAL PARK - STORM OUTLET ($500,000) 1989 II - INTERNAL SERVICES ($1,400,000) 1988 - TRUNK SANITARY ($1,200,000) 1987 - OTTER CREEK NORTH TRUNK SANITARY 1991-93 I SEWER ($1,000,000) - IMPROVEMENTS TO MAIN PUMPING 1992 STATION ($150,000) I - INFRASTRUCTURE RECONSTRUCTION ONGOING TAVISTOCK OXFORD IMPROVEMENTS TO SANITARY SEWAGE ICOUNTY PUMPING STATIONS ($600,000) 1988 TAVISTOCK OXFORD IMPROVEMENTS TO SEWAGE LAGOONS, 1987 ICOUNTY INCREASING CAPACITY APPROXIMATELY 70% TO SERVE 3300 POPULATION, INCL. INSTALLATION OF AERATION EQUIPMENT II ($1,800,000) AYLMER PUC 900,000 IG WATER STORAGE STANDPIPE 1986 IIINCL. 2,000 IG BOOSTER PUMPING STATION AND TRUNK WATERMAIN ($1,000,000) tAYLMER TOWN IMPROVEMENTS TO MAIN SEWAGE PUMPING 1985 STATION, 2,500 IGM CAPACITY ($600,000) IAYLMER TOWN IMPROVEMENTS TO SEWAGE LAGOONS, 1984 INCREASING CAPACITY TO 225 MILLION I IMPERIAL GALLONS, INCL. INSTALLATION OF AERATION EQUIPMENT ($2,500,000) I TILLSONBURG OXFORD RECONSTRUCTION OF TILLSON AVE CONSISTING 1982 COUNTY OF 10,000 FEET OF 24 INCH SANITARY SEWER, 1983 11,000 FEET OF 12 TO 36 INCH STORM SEWER, 1984 I 10,000 FEET OF 10 TO 12 INCH WATERMAIN, 9,000 FEET OF ROAD RECONSTRUCTION ($3,000,000) I IContinued • - 3 - 1 APPENDIX 'C' ' PARTIAL SUMMARY OF MAJOR PROJECTS (Cont'd) LOCATION CLIENT PROJECT DATE HAGERSVILLE MOEE TRUNK WATERMAIN THROUGH HAGERSVILLE 1981 REGION OF CONSISTING OF 6,000 FEET OF 12 INCH ' HALD-NOR. WATERMAIN. PROJECT ALSO INCLUDED 4,000 TOWN FEET OF SANITARY SEWER, 2,500 FEET OF STORM SEWER AND 1,000 FEET OF ROAD ' RECONSTRUCTION ($1,200,000) REGION OF MOEE TRUNK WATERMAIN ON HWY. 6 FROM REGIONAL 1980 ' HALDIMAND- ROAD 55 TO HAGERSVILLE, CONSISTING OF NORFOLK 21,000 FEET OF 12 INCH WATERMAIN ($1,000,000) ' DELHI REGION OF BOOSTER PUMPING STATION, 2,000 IGM 1979 HALD-NOR. CAPACITY 850,000 IG WATER STORAGE STANDPIPE 1978 ' COURTLAND MOEE WATER SUPPLY AND STORAGE CONSISTING OF 1976 THREE WELLS, 222,000 IG GROUND STORAGE, HIGH LIFT PUMPING STATION AND TREATMENT ' FACILITIES ' WATER DISTRIBUTION SYSTEM CONSISTING OF 1975 26,000 FEET OF 6 TO 10 INCH WATERMAIN AND 340 SERVICES TILLSONBURG MUNICIPAL VARIOUS SEWER, WATER, ROAD PROJECTS AYLMER ' DELHI DEVELOPERS VARIOUS SIZED RESIDENTIAL SUBDIVISIONS _ 2 - cads I INTRODUCTION 111 The replacement value of the road system in a typical small lower tier municipality, excluding property, represents a sizeable investment for each municipality and the taxpayers who support the road system. • The largest annual expenditure that a small urban or rural municipality will make will be on their road system. Typically, this includes everything from roadside • maintenance (brushing, weed control, etc.) to winter maintenance operations (plowing and sanding) to construction improvements (resurfacing and reconstruction). Staff, equipment and housing costs are all part of the day to day requirements to take care of the road system. The average small lower tier municipality operates on a road budget that largely conforms to the Ministry's spending objective established for each municipality. Ministry subsidy is 50% for roads and 80% for bridges and culverts in Towns and Villages and between 50% to 80% for roads and up to 100 % for bridges in • Townships. Expenditures beyond the established spending objectives are 100% responsibility of the municipality. A typical road budget for the average small municipality should allow for the ongoing maintenance needs of the roads and bridges in conjunction with some modest construction improvements. Any major new construction or reconstruction work needed to upgrade the level of service may be beyond the nor m al program of the municipality without special assistance from the Ministry. This special assistance is usually in the form of a supplementary subsidy. Funding for special assistance is limited and each request must be supported oy a docu m entation of need. • Most road systems in the typical rural municipality will be a collection of gravel, U surface treated, hot and cold mixed pavements while the road systems in small urban municipalities are usually surface treated, hot or cold mix pavements. In the rural municipalities the hot mix pavement roads will norm ally be those roads 11 that have the highest traffic volumes and have been upgraded. ■ Ro, d s s'ef ,da4 5Y0J1 c1/4.246 v. 4( c c, (64-P0 Cicwse = peejs • _ 3 U Roads, like anything elsc., suffer from the affects of "wear and tear". Unless the road system is adequately maintained by appropriate rehabilitation strategies at the proper time, it will quickly deteriorate to the point where major expenditures will be required. This neglect is an unwise and very expensive management strategy, which will be reflected by deteriorating road conditions and higher 1111 i m prove m ent cost. 1111 A road management study will provide an inventory of existing roads. It also establishes a condition rating number for all road sections within the system. 111 From this information, an overall average condition of the road system can be determined, by weighing and averaging the condition rating numbers against the U total number of kilometres in the road system. In addition, suitable maintenance strategies, equipment requirements and construction needs are determined and program med on a prioritized needs basis. Programming is far a five year period 1111 and must not exceed the existing opaating budget of the municipality. Major expenditures for equipment and housing or major construction work, beyond the normal construction level of the municipality, should be justified in terms of need and separated from the normal annual program. The future adequacy of the road Usystem may be projected from an analysis of the existing aata and the reco m mended maintenance and construction strategies. 1111 The road management study will: a) inform Council on the existing conaition and needs of their road system. b) formulate the most cost-effective long term maintenance and construction strategy within budgetary limitations. c) document those needs which require special fundingassistance. �l d) provide a projection of the future adequacy of the road system. 1111 e) provide a suggested year by year work plan for CounciL U U - 4 - I I 1111 PART I- UNDERTAKING A ROAD MANAGEMENT STUDY Purpose U The purpose for undertaking a road management study is to: (a) clearly identifythe municipality's road system (b) inventory the road system by road section taking into account its use, condition, geometric elements and surface type (c) identity those road sections in need of improvement, the type of improvement and an estimate of cost (d) establish the bridge needs from the municipality's bridge appraisal sheets (e) prepare an inventory of existing equipment and housing and forecast a replace m ent schedule (f) prepare a 5 year maintenance and construction proyra m within existing levels of expenditures In addition, the study will be a valuable reference document for the Ministry of Transportation and Com m unications for long range financial planning of the S municipality's needs especially where bridge replacement and major road projects and, in townships, equipment purchases and housing requirem ents will require supplementary funding. I 111 U wk - 31 - • APPENDIX A - SAMPLE TERMS OF REFERENCE LETTER Name and Address of Consulting Engineering Firm Dear • The Corporation of the of has selected your firm to submit a proposal to assist in a Road Management Study. The study will be in accordance with procedures detailed in the Ministry of Transportation and Com m unications Methods arx3 Inventory Manual for Small Lower Tier M unicipalities. The main elements of the study are: (A-, G-�f\c = M 54 ?I wY. o Inventory Road System of km o Recom mend maintenance and construction improvements and costs. o Prepare list of equipment and housing needs o Review existing bridge appraisal sheets and identified needs o Preparation of a recommended 5 year improvement plan within the current budget expenditure level. o List all construction needs that cannot be acco m m°dated within current expenditure level. During the courge of the study it is important to liaiga with the road superintendent and the Ministry's representative Upon completion of the study you will make a presentation to the Municipal Council on the study findings and regio m m endations. A.� • Ad - 32 - Your firms proposal should cover the following points: 1. The qualification of your firm to undertake the study. 2. The name of the project manager responsible for the work. 3. The dollar Limit proposed. 4. Any other points deemed worthy of mention. Your proposal will be considered at the Municipal Council meeting to be held at on 19_at a m/p m . Yours truly . , 4 • vet /v743 7-6 a41 OCc ‘.)€. co4. ish 21 - f,, - , Y 7 cl The Corporation of the Village of Port Burwell Post Office Box #10 21 Pitt Street Port Burwell, Ontario NOJ 1T0 By-Law 94-27 Being a By-Law to repeal By-Law 94-25, being a By-Law to authorize the municipality to enter into a licence agreement with the Otter Valley - Port Burwell Optimist Club WHEREAS the Otter Valley Port Burwell Optimist Club in a letter dated October 9, 1994 has refused to enter into an agreement for the licence of lands known as the Heli-Pad area, for Recreational Uses and; WHEREAS the Council of the Village of Port Burwell passed a By-Law for the licence of the use of these lands August 9, 1994. The Council of the Village of Port Burwell hereby repeals By-Law 94-25. Read a first . : := and t' e this 25 • day of October, 1994. 47 I • m • strator/Cleriz-Treasurer Read a third time . . ally • • I this 25th day of October, 1994. • • • rator/ClerL-Treasurer -ric.,P, 3113 Optimist Club of OtterValley / Port Burwell October 9, 1994 Mr. David Free Administrator/ Clerk Treasurer Village of Port Burwell P.O. Box 10, Port Burwell, Ontario NOJ 1 TO Dear Mr Free Regarding your letter of October 5, 1994, pertaining to the use of the area known as the Heli-pad. Please regard this as formal direction that the Optimist Club does not wish to enter into the agreement referred to in by-law 94-25. While the agreement was very generous in all accounts, we found that we lacked the time to establish any of the activities outlined given the date of passage of the mentioned by-law (August 9, 1994). We hope that with earlier planning in the coming year, we will once again apply for use of this property. Please note that in leiu of any inconvenience this lack of expected income from the property may cause, we have met local hydro requirements to enable the area to have Hydro hooked up and have done so at our expense. In anticipation of utilising the Heli-Pad, we have also maintained the grass within and immediately surrounding the fenced in area.KSincerely, John Mann, President , Optimist Club of OtterValley / Port Burwell cc Village of Port Burwell Council The Corporation of the Village of Port Burwell Post Office Box #10 21 Pitt Street Port Burwell, Ontario NOJ 1T0 By-Law 94-28 A By-Law to authorize the execution of a tri-party loan agreement between the Ontario Clean Water Agency, the Village of Port Burwell and Her Majesty the Queen, in right of Ontario as represented by the Minister of Municipal Affairs regarding the financing for the Water System Repairs REFERENCE -The Municipal Act, R.S.O., 1990, C.M. 45, Section 122 and amendments of thereto. WHEREAS the Corporation of the Village of Port Burwell (the "Municipality") desires to execute an agreement with the Ontario Clean Water Agency("OCWA") and Her Majesty the Queen in right of Ontario as represented by the Minister of Municipal Affairs ("Province") regarding the financing of the Water Pollution Control Plan Upgrade. NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE VILLAGE OF PORT BURWELL ENACTS AND BE IT ENACTED AS FOLLOWS: 1) That the Municipality enter into and execute the loan agreement, with OCWA and the Province in accordance with Schedule "A" attached to this by-law, in the amount of$96,000.00 for a period of 20 (twenty) years. 2) That the Reeve and the Administrator/Clerk-Treasurer of the Municipality are hereby authorize and directed on be-ialf of the Municipality to execute all documents as may be required to give affect to these presents. 3) This by-law shall come into force and effect upon third reading and being finally passed. 1 Read a first and second time this 27th day of September, 1994. ap,p, ,� to; I Ii Adm.. : rator/Clerk-Treasurer Read a third time and :• .•: pas: . this 27th day of September, 1994. Reev• Aflzmistrator/Clerk-Treasurer • 2 • Thib Loan Agreement made in triplicate this let day of April, 1994. BETWEEN: ONTARIO CLEAN WATER AGENCY, a corporation incorporated under the Capital Investment Plan Act, 1993, S.O. 1993, c.23 888888(hereinafter • the "OCWA") OF THE FIRST PART AND: The Village of Port Burwell (hereinafter the "Municipality") OF THE SECOND PART AND: HER MAJESTY THE QUEEN IN RIGHT OF ONTARIO as represented by the Minister of Municipal Affairs (hereinafter the "Province") OF THE THIRD PART NOW THEREFORE THIS AGREEMENT WITNESSETH that in consideration of the mutual covenants and agreements contained in it and subject to the terms and conditions set out in it, the parties agree as follows: 1.0 LOAN 1. 1 , The OCWA may lend to the Municipality and the Municipality may borrow from the OCWA amounts from time to time for capital projects (water and sewage facilities) on the following basis: (a) The OCWA shall determine interest rates and any term or condition for borrowing or lending under this Agreement; (b) The OCWA shall only lend if the Province has approved an amount of lending to the Municipality for a capital project; (c) The Municipality shall only borrow if the Municipality has passed any, by-laws that are necessary to confirm, (i) the undertaking of a capital project for which lending has been approved by the Province under clause (b) ; (ii) the agreement of the Municipality to the borrowing from the OCWA for the capital project and the application of this Agreement to it; and (iii) the issuance of any debenture for that borrowing. p - 3 - Municipality has received from the Province grants in the amount of the payments due and owing under the Debenture in accordance with the provisions of section 4.1 hereof. In the event that the Municipality does not receive from the Province the grants referred to in section 4.1 hereof, the relevant payment date under the Debenture shall be postponed to the date on 'which such grant is received by the Municipality. The Municipality's payments shall be made pursuant to an Authorization for Pre-Authorized Debits from its bank account, to be executed by the Municipality in a form attached as Schedule 2 to this Agreement and this Authorization shall be delivered to the OCWA together with the delivery of this Agreement duly executed by the Municipality. 3.4 If any day on which a payment is due under the Debentures would otherwise fall on a day' that is not a business day, such due date shall instead fall on the next succeeding business day. In the Debentures, business day means any day on which banking institutions in Toronto are not authorized or obligated by law or executive order to be closed. 3.5 The Municipality agrees to expeditiously execute and carry out all documents, resolutions and other matters and things necessary to give full -legal effect to the Debentures to be issued by the Municipality under this Agreement. 3.6 Despite the provisions of this Agreement, if the Municipality and OCWA agree in writing to do so: (a) two or more Debentures issued by the Municipality under this Agreement may be substituted with one Debenture providing for repayment in full of the amounts secured under the individual Debentures and on such terms and conditions as determined by the OCWA; (b) the Municipality may issue separate annual Debentures for repayment of a Loan made in regard to a specific project of the Municipality. 3.7 For greater certainty, the Municipality and the OCWA hereby acknowledge and agree that amounts owing by the Municipality on account of its Loan under this Agreement and under the Debenture issued for each Loan shall not be due unless and until the Municipality shall have received from the Province the grants referred to in section 4.1 hereof in an amount sufficient to make payments on account of the Loan as set out in the Debenture issued for each Loan. 4.0 FUNDING 4.1 The Province shall provide the Municipality each year with annual grants, generally on a semi-annual basis, in the amount of the payment instalments set out in the Debenture issued for each Loan. The grants provided by the Province shall be paid on such dates and in such amounts as to enable the Municipality to make the payment instalments due under the Debenture on the payment dates under the Debenture each year. 4.2 The Municipality agrees that it shall use the grants paid by the Province under paragraph 4.1 hereof to Make the payment instalments due on the payment dates under the Debentures each year and for no other purpose. • This Loan Agreement made in triplicate this 1st day of April, 1994. BETWEEN: ONTARIO CLEAN WATER AGENCY, a • corporation incorporated under the Capital Investment Plan Act, 1993, S.O. 1993, c.23 888888(hereinafter the "OCWA") OF THE FIRST PART AND: The Village of Port Burwell (hereinafter the "Municipality") OF THE SECOND PART AND: HER MAJESTY THE QUEEN IN RIGHT OF ONTARIO as represented by the Minister of Municipal Affairs (hereinafter the "Province") OF THE THIRD PART NOW THEREFORE THIS AGREEMENT WITNESSETH that in consideration of the mutual covenants and agreements contained in it and subject to the terms and conditions set out in it, the parties agree as follows: 1.0 LOAN • 1.1 , The OCWA may lend to the Municipality and the Municipality may borrow from the OCWA amounts from time to time for capital projects (water and sewage facilities) on the following basis: (a) The OCWA shall determine interest rates and any term or condition for borrowing or lending under this Agreement; (b) The OCWA shall only lend if the Province has approved an amount of lending to the Municipality for a capital project; (c) The Municipality shall only borrow if the Municipality has passed any, by-laws that are necessary to confirm, • (i) the undertaking of a capital project for which lending has been approved by the Province under clause (b) ; (ii) the agreement of the Municipality to the borrowing from the OCWA for the capital project and the application of this Agreement to it; and (iii) the issuance of any debenture for that borrowing. - 2 - (d) The Municipality shall provide to the OCWA copies of the relevant by-laws and documentation required under clause (c) . (e) The OCWA shall advance amounts for a capital project only after the Province has given an approval under clause (b) and the Municipality has passed the by-laws for the matters in clause (c) ' and OCWA has received the copies of the relevant by-laws and documentation required under clause (d) applicable for such capital project. 1.2 The Municipality agrees that for the fiscal year commencing January 1, 1994 and for the fiscal years thereafter, the following amounts shall be consolidated into one loan amount (the "Loan") and repaid under a Debenture to be given by the Municipality to the OCWA effective December 31 of each fiscal year in question: (a) the capital advances made by the OCWA to the Municipality under this Agreement during the fiscal year in question; and (b) interest on the capital advances during the fiscal year accruing from the date of each advance. 1.3 Subject to the prior approval of the Province, the monies for the Municipality's capital projects will be advanced by the OCWA to the Municipality in one or more instalments by electronic funds transfer or as otherwise determined by the OCWA during each fiscal year. 1.4 The Municipality hereby authorizes both the OCWA and the Province to pay the amount of the advances and grants referred to in paragraphs 1.2 and 4.1 respectively of this Agreement directly into the bank account designated by the Municipality in the Authorization for Pre-Authorized Debits pursuant to paragraph 3.3 of this Agreement. If the Municipality wishes to designate an alternative bank account for the above noted direct deposit of monies, the Municipality agrees that it shall provide both the OCWA and the Province with the necessary banking information to enable both the OCWA and the Province to make the direct deposit of the advances and grants to such alternative designated bank account. 1.5 The Debentures issued under paragraph 1.2 of this Agreement shall individually be referred to as "Debenture" and collectively as "Debentures". 1.6 The Loan referred to in paragraphs 1.2 of this Agreement shall individually be referred to as "Loan" and collectively as "Loans". 2.0 PURPOSES 2.1 The Municipality agrees to use the proceeds of each advance made under this Agreement only for the purposes which have been approved by the Province. 3.0 REPAYMENT 3.1 The Municipality agrees that the Debentures to be issued by it to the OCWA for repayment of its Loans under this Agreement shall be in accordance with the interest rate, terms and conditions as determined by the OCWA. The OCWA shall prepare each Debenture for execution and delivery by the Municipality, generally in accordance with a form of debenture attached as Schedule 1 to this Agreement. The Municipality agrees that it shall execute and deliver each Debenture to the OCWA within 30 days of receiving the Debenture from the OCWA. 3.2 Interest shall be computed on the basis of a year of 365 days and the actual number of days elapsed unless otherwise specified in the relevant Debenture. 3.3 The payments to be made by the Municipality under the Debentures shall be made in funds available for immediate use on the date the relevant payment is due to the account designated by the OCWA provided that the - 3 - Municipality has received from the Province grants in the amount of the payments due and owing under the Debenture in accordance with the provisions of section 4.1 hereof. In the event that the Municipality does not receive from the Province the grants referred to in section 4.1 hereof, the relevant payment date under the Debenture shall be postponed to the date on 'which such grant is received by the Municipality. The Mun_.cipality's payments shall be made pursuant to an Authorization for Pre-Authorized Debits from its bank account, to be executed by the Municipality in a form attached as Schedule 2 to this Agreement and this Authorization shall be delivered to the OCWA together with the delivery of this Agreement duly executed by the Municipality. 3.4 If any day on which a payment is due under the Debentures would otherwise fall on a day that is not a business day, such due date shall instead fall on the next succeeding business day. In the Debentures, business day means any day on which banking institutions in Toronto are not authorized or obligated by law or executive order to be closed. 3.5 The Municipality agrees to expeditiously execute and carry out- •all documents, resolutions and other matters and things necessary to give • full legal effect to the Debentures to be issued by the Municipality under this Agreement. • 3.6 Despite the provisions of this Agreement, if the Municipality and OCWA agree in writing to do so: (a) two or more Debentures issued by the Municipality under this Agreement may be substituted with one Debenture providing for repayment in full of the amounts secured under the individual Debentures and on such terms and conditions as determined by the OCWA; (b) the Municipality may issue separate annual Debentures for repayment of a Loan made in regard to a specific project of the Municipality. 3.7 For greater certainty, the Municipality and the OCWA hereby acknowledge and agree that amou:its owing by the Municipality on account of its Loan under this Agreement and under the Debenture issued for each Loan shall not be due unless and until the Municipality shall have received from the Province the grants referred to in section 4.1 hereof in an amount sufficient to make payments on account of the Loan as set out in the Debenture issued for each Loan. 4.0 FUNDING 4.1 The Province shall provide the Municipality each year with annual grants, generally on a semi-annual basis, in the amount of the payment instalments set out in the Debenture issued for each Loan. The grants provided by the Province shall be paid on such dates and in such amounts as to enable the Municipality to make the payment instalments due under the Debenture on the payment dates under the Debenture each year. 4.2 The Municipality agrees that it shall use the grants paid by the Province under paragraph 4.1 hereof to shake the payment instalments due on the payment dates under the Debentures each year and for no other purpose. • • • - 4 - 4.3 The Province may, at its option, cause the Municipality to redeem any Debenture in full that was issued by it to the OCWA under this Agreement prior to its maturity date, by giving notice to the Municipality as provided for under this Agreement. The Province agrees to provide the Municipality with grants in the amount due and owing under the Debenture in question to enable the Municipality to fully redeem the Debenture on the redemption date set by the Province. 4.4 The OCWA shall provide sufficient information in each year to the Province so as to enable the Province to calculate the payments it is required to make under section 4.1. 5.0 REPRESENTATIONS AND WARRANTIES OF MUNICIPALITY 5.1 The Municipality represents and warrants to the OCWA that: (a) the borrowing of money, (including principal and accrued interest) by the Municipality and the execution, delivery and performance of this Agreement and the Debentures are within the powers and capacities of the Municipality and have been duly authorized by all necessary legal action and proper proceedings; (b) the execution and delivery of this Agreement and the Debentures, the consummation of the transactions contemplated by this Agreement and the compliance with the terms and conditions of this Agreement will not conflict with or result in a breach of any of the terms or provisions of the constituting documents or by-laws of the Municipality, laws of Ontario including laws of Canada applicable therein, applicable to the Municipality or any contractual or other obligation binding on the Municipality; and (c) this Agreement and the Debentures will, when executed and delivered, constitute legal, valid and binding obligations of the Municipality enforceable against it in accordance with its respective terms. 6.0 CONDITIONS PRECEDENT 6.1 The OCWA's obligation to advance monies under this Agreement is subject to the conditions precedent that the Province has approved the capital amounts to be loaned by the OCWA to the Municipality in respect of each capital project of the Municipality pursuant to section 1.1(b) herein and that the - Municipality's representations and warranties contained in Section 5 hereof are true and correct as of the date of each advance and as of the date of the issuance of each Debenture to the OCWA. • 7.0 DEFAULT • 7.1 In the event that the Municipality fails to execute and deliver a Debenture to the OCWA in accordance with the terms of this Agreement, the Municipality agrees that the Minister of Finance is entitled to deduct from money appropriated by the Legislature for payment to the Municipality, amounts equal to the amounts that were required to be repaid under a Debenture given by the Municipality, and pay such amounts directly to the OCWA. - 5 - 7.2 In the event that the Municipality fails to make any of the payment instalments in the amounts and on the dates specified in the Debentures issued by the Municipality to the OCWA under this Agreement where the Province has made its grant on or before the payment instalment due date, in accordance with paragraph 4. 1 hereof, the Municipality agrees that the Minister of Finance is entitled to deduct from money appropriated by the Legislature for payment to the Municipality, amounts equal to the amounts that the Municipality has failed to pay to the OCWA under its Debentures and pay such amounts directly to the OCWA. 8.0 GENERAL 8.1 This Agreement and the Debentures shall be governed by and construed in accordance with laws of the Province of Ontario and the laws of Canada applicable therein. 8.2 This Agreement and the Debentures shall be binding on and enure to the benefit of the Province, the OCWA and the Municipality and their respective successors and permitted assignees, except that the Municipality shall not without the prior written consent of the Province and the OCWA assign, pledge or hypothecate any rights or obligations with respect to this Agreement or the Debentures. 8.3 If any of the provisions of this Agreement or the Debentures are held to be invalid, illegal or unenforceable by a court or tribunal of competent jurisdiction, the remaining provisions shall remain in full force and effect. 8.4 A party, by waiving the breach of any provision of this Agreement or the Debentures, does not waive any further breach of the same provision or any breach of any other provision of this Agreement or Debentures. A waiver is binding on the waiving party only if it is in writing. 8.5 Time shall be of the essence of this Agreement and the Debentures. 8.6 This Agreement and the Debentures shall remain in full force and effect until the payment and performance in full of all of the parties' obligations under this Agreement and the Debentures. 8.7 Subject to the provisions herein, this Agreement and the Debentures may not be altered or amended at any time, except by the mutual agreement of the parties evidenced in writing. 8.8 All notices and communications hereunder shall be made in writing (by letter or fax subject, in the case of fax, to confirmation by telephone) , shall be effective upon receipt by the addressee (in the case of fax, upon receipt of the confirmatory telephone call) , and shall be sent to the addressee at the address or fax number specified against its name in the signature pages to this Agreement and for the attention of the person or department therein specified (or as aforesaid) or, in any case, to such other address or fax number and for the attention of such other person or department as the addressee has by prior notice to the sender specified for the purpose. Either party may change its address for the purposes of receipt of any such communication by giving ten business days' prior written notice of such change to the other party in the manner prescribed above. - 6 - • 8.9 This Agreement may be executed in counterparts each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. IN WITNESS WHEREOF the parties hereto have executed this Agreement. Ontario Clean Water Agency OCWA BY: Name: Fax No: 314-8300 Title: •(Address4 MUNICIPALITY BY: V. v ic> / Fax No: • N EJJ (2 C 4;2 " .f. 9 fs-9 54- s<9 Name Title: „.4v.y.,i. �,r�- Name: • Title: e v C •(Address) HER MAJESTY THE QUEEN IN RIGHT OF ONTARIO BY: Fax No: • Name: Title: Ministry of Municipal Affairs SCHEDULE 1 DEBENTURE • The •, for value received, will pay to the Ontario Clean Water Agency or to its assignee in lawful money of Canada the principal sum of S. with interest thereon at the rate of •% per annum calculated • yearly, not in advance, as well after as before maturity and both before and after default, as follows: The sum of • with interest thereon at the aforesaid rate computed from the 31st day of March 199. shall become due and be paid in semi-annual instalments. The sum of $• shall be due on the • day of •, 199. and the sum of Sc. shall be due on the • day of 19. and thereafter the sum of $• shall be due on the • day of • and the • day of • in each and every year to and including the • day of •, 20. and a final payment of principal and interest in the sum of S. shall become due and payable on the • day of •, 20. provided that in the event that the • has not received from Her Majesty the Queen in Right of Ontario payments on account of annual grants in an amount sufficient to pay the semi-annual instalments on account of this Debenture by the dates on which such payments are due to be made hereunder, such payment dates hereunder shall be extended until the date on which the • receives such grant from the Province in an amount sufficient to pay such instalment. The semi-annual payment instalments shall be made pursuant to an Authorization For The Pre- Authorized Debits from a designated bank account of the •. If any day on which a payment is due hereunder would otherwise fall on a day that is not a business day, such due date shall instead fall on the next succeeding business day. In this Debenture, business day means any day on which banking institutions in Toronto are not authorized or obligated by law or executive order to be closed. This Debenture shall be governed by and construed in accordance with laws of the Province of Ontario and the laws of Canada applicable therein. This Debenture and all the rights of the registered holder hereof are expressly subject to a Loan Agreement entered into between the Ontario Clean Water Agency and the • and Her Majesty the Queen in Right of Ontario dated the • day of • 199.. IN TESTIMONY WHEREOF and under the authority of By-law No. • of the • duly passed on the • day of •, 19•. this Debenture is sealed with the Seal of the said • and signed by the • and • thereof DATED this • day of • 199.. / %*- (seal) ea2i )e Title Title The Corporation of The Village of Port Burwell • PO Box 10 21 Pitt Street Port Burwell, Ontario By-Law 94-29 Being a Bylaw to repeal Bylaw 94-14 being a bylaw to enter into an agreement with Department of Fisheries & Oceans for the Lease of Harbour Lands Whereas Section 122 of the Municipal Act RSO 1990 c. M.45 provides that a council may pass or repeal by-laws with respect to agreements with the"Crown" and; Whereas the Council of the Village of Port Burwell has passed a By-law 94-14 being a by-law to enter to an agreement with the Crown for the lease of lands for the purpose of the operation of a municipal harbour facility and; Whereas the terms of the lease permits for the termination of the lease by either party with 60 days notice, and; Whereas as the result of failed negotiations between the Department of Fisheries and Oceans Canadian Coast Guard, the lighted navigational aids have been turned off and will no longer operate in the area of the entrance to the Port Burwell Harbour and; Whereas the municipality is does not wish that the lighted navigational aids be turned off and is deeply concerned for the liabilities associated with cessation of the navigational aids considering the safety of the mariners and; Whereas the municipality can not provide adequate liability insurance considering the termination of the lighted navigational aids for the safety and security all persons and vessels which would use the harbour facility. The Council of the Village of Port Burwell hereby deems it necessary to forthwith, repeal By-law 94- 14, being a bylaw which enters into an agreement with the Department of Fisheries and Oceans for the lease of lands as indicated on Schedule"A" attached hereto. • 1 • Pursuant to this repeal of this by-law mathe e intent and actions of this by-law effective on the day of passing notwithstanding the notice period of 60 days considering the serious liability issue which are present as the result of the cessation of the lighted navigational aids and the concerns as expressed by council to the Federal agencies in these matters. This by-law read a First . •d Second time this 27th day of September 1994 Jlt . / P. Tho ._ Nes s itt, Reeve / .Z------ Davi . Free, Administrator/Clerk-Treasurer This by-law read a third time and finally passed this 27th day of September, 1994. Thsbitt, Reeve David R. Free, •.+ministrator/C er reasurer ''I ;j X:' 0111110111 i Y A. KLT 4_ __s z- • 2 1 "Pi r The Corporation of The Village of Port Burwell PO Box 10 21 Pitt Street Port Burwell, Ontario By-Law 94-30 Being a Bylaw to set the rate of remuneration for the Port Burwell Volunteer Fire Department Whereas Section 207(45) of the Municipal Act RSO 1990 c. M.45 provides that a council may pass by-laws fixing the remuneration to be paid to officers and employees of the municipal corporation and; Whereas Bylaw 90-05 being a By-law to Establish a Fire Department provides for the remuneration to be set by council within Section 5 of the said bylaw. The Council of the Village of Port Burwell hereby set the remuneration of the Volunteer Fighters as follows; 1. Attendance to practices as determined by the Fire Chief, shall be paid to each Firefighter at a rate of$15.00 per practice and $15.00 per meeting; 2. Attendance to "calls" as determined by the Fire Chief shall be paid at a rate of$35.00 per call; 3. No other benefits, retirement savings plans or privileges shall be available to the Volunteer Firefighters; This bylaw ratifies previous agreements and comes into force and effect February 27, 1990 without retroactive payment. 1 This by-law read a first and second time this 27th day of September 1994. rA �W. . �,i % Thomas s i i , Reeve David '. Free, Administrator/Clerk-Treasurer This by-law read a third time and finally passed this 27th day of September 1994. / Thomas b es Reeve Da ! '. Free, Administrator/Clerk-Treasurer • 2 The Corporation of the Village of Port Burwell Post Office Box #10 21 Pitt Street Port Burwell, Ontario By-Law 94-33 Being a Bylaw to appoint a Fire Chief and a Deputy Fire Chief for the Village of Port Burwell Whereas Section 207(45) of the Municipal Act RSO 1990 c. M.45 provides that a council may pass by-laws fixing the remuneration to be paid to officers and employees of the municipal corporation and; The Council of the Village of Port Burwell hereby sets term of appointment for a period of 3 years and rate of remuneration of the Fire Chief, Tom Millard and the Deputy Fire Chief Sam Taylor, for the Port Burwell Volunteer Fire Department as follows; 1. The Fire Chief will receive$1,200.00 per annum. 2. The Deputy Fire Chief will received $600.00 per annum. 3. The Fire Chief and Deputy Fire Chief will be paid $15.00 per mutual aid meeting, practices and fire calls in accordance with By-Law 94-30. 4. No other benefits, retirement savings plans or privileges shall be available to the Fire Chief or Deputy Fire Chief. This by-law hereby repeals By-Law 91-23 and 93-15 and all other relative By-Laws. This bylaw ratifies previous agreements and comes into force and effect August 13, 1994 without retroactive payment. I This by-law read a first and second t'me this 11th day of October 1994. / AO Tho s s itt, Reeve 41111/ i1 i 1 NliMr- Davi Free, Administrator/Clerk-Treasurer This by-law read a third time and finally passed this 11th day of October 1994. 7 / O, // 4 Tho 1 as Nes.itt, Re- - '( D i• R. Free, Administrator/Clerk-Treasurer 2 0. PORT BU THE CORPORATION OF THE � 9 �r VILLAGE OF PORT BURWELL � 0 ;=�_ P. O. Box 10, Port Burwell, Ontario NOJ ITO • telephone (519) 874-4343 • fax (519) 874-4948 PORTUS REFUG" 1 , ' L Memot.1;1' \ 1p A 1 • To: Tom Millard, Fire Chief From: D. Free Re: By-Law 94-33 Date: October 14, 1994 Please find enclosed By-Law 94-33 which was passed at the October 11, 1994 Council Meeting appointing you to the position of Fire Chief and Sam Taylor to the position of Deputy Fire Chief. I trust that you will find the attached in order and if you should have any further questions please feel free to call. /1) ( Free Encls. David R. Free, CET, AMCT(A) • Administrator/Clerk-Treasurer The Corporation of the Village of Port Burwell Post Office Box #10 21 Pitt Street Port Burwell, Ontario ' NOJ 1TO By-Law 94-34 Being a By-Law to repeal By-Law 363, being a by-law to provide for the conditions of work, vacations with pay, and sick leave benefits for village employees and By-Law 85-03, being a by-law to establish rates of pay to municipal employees and remuneration to Reeve and Members of Council. WHEREAS the municipality has subscribed to a comprehensive benefit package including long term and short term disability, death, dental, drug and survivor benefits and; WHEREAS By-Laws 363 and By-Law 85-03 provide for sick day benefits under the provisions of the Municipal Act R.S.O. 1990 M. 45, s. 207 p. 47 in the amount of twelve days per year maximum, with a carry over to a maximum of sixty days per year and; WHEREAS the Municipal Employees have further coverage through the Ontario Municipal Employees Retirement Savings Plan. The Council of the Village of Port Burwell hereby repeals By-Law 363 and By-Law 85-03 providing payouts to the employees per the attached Schedule "A". a first and second time this 11th day of October, 1994. ./ 71....11.M.11.1... immilmmiRead 41) . 4 /e-,41/ Reeve Ad• inistrator/ClerIZ-Treasurer Read a third tim- and finall .assed this 11th day of October, 1994. AIL L _ -eve • dj`.s rt ator/Cleriz-Treasurer Schedule "A" Sick Day Payout David Free 10.5 days x 7 hours x$23.63 $1,736.81 Suzanna Mantel 2.5 days x 7 hours x$14.29 $250.00 Kevin Bradfield 1.75 days x 8 hours x$12.00 $168.00 Ed Roloson 2.0 days x 8 hours x$10.53 $168.48 Donna Lamoure 2.0 days x 7 hours x$9.50 $152.00 Brian Wolfe 4.5 days x 8 hours x$14.00 $504.00 Total $2,979.29 ■ 11111111101. /, arau o e 11111 R . 5 . .. . q3 111111 111111111111 1111 Joon 11111011 11111111111111 11 1111111111 The Corporation of The Village of Port Burwell PO Box 10 21 Pitt Street Port Burwell, Ontario By-Law 94-35 Being a Bylaw to renumber certain By-laws in order to avoid numerical duplication Whereas Section 102 of the Municipal Act RSO 1990 c. M.45 provides that a council may pass by-laws governing the operations of the municipality and Whereas the numerical sequence of certain by-laws passed between 1945 and 1992 have used the same numbers. The Council of the Village of Port Burwell hereby deems it necessary to change the numbering of the following by-laws as follows; 1. BY-LAW 91-22, being a by-law to Amend the Official Plan, shall be changed to BY-LAW 91-17. By-law 91-22 being a by-law to regulate the use of land and to amend By-Law 91-03, shall remain. 2. BY-LAW 89-20, being a by-law to Enter into an Agreement with Ed Jedriak, shall be changed to BY-LAW 89-19. By-law 89-20 being a by-law to enter into an agreement with Gordon Craig, shall remain. 1 This by-law read a first and second time this 25th day of October, 1994. Thoma esbitt, Reeve David R. ' ree, Administrator/Clerk-Treasurer This by-law read a third time and finally passed this 25th day of October, 1994. Thom. . esbitt, Reeve Da • '. ree, Administrator/Clerk-Treasurer 2 The Corporation of The Village of Port Burwell • PO Box 10 21 Pitt Street Port Burwell, Ontario By-Law 94-36 Being a By-Law to authorize the signing of an agreement with the Province of Ontario WHEREAS the federal and provincial governments have entered into an agreement to provide$1.2 billion to municipalities in Ontario over the next two years in support of capital projects under the "Canada-Ontario Infrastructure Works" program; AND WHEREAS individual municipalities are being required to contribute one-third of the cost of eligible projects under this shared cost program; AND WHEREAS the Corporation of the Village of Port Burwell has been given an allocation based on its proportion of population and households and has been invited to submit project proposals that reflect local priorities for approval; AND WHEREAS the Canada-Ontario Management Committee has approved the project proposals described in Schedule "A"; AND WHEREAS the Corporation of the Village of Port Burwell is required to enter into an agreement with the Province of Ontario covering such items and financial arrangements and payment provisions, eligible costs, financial reporting, audit and inspection provisions, public information requirements,'the project details, including the implementation of the projects, and timelines; NOW THEREFORE the Council of the Village of Port Burwell ENACTS AS FOLLOWS: The Head of Council and the Administrator/Clerk-Treasurer are hereby authorized on behalf of the Corporation of the Village of Port Burwell to sign the agreement with the Province of Ontario set out in Schedule "B" to provide for the implementation of the approved projects. 1 This by-law read a first and second time this 25th day of October, 1994. • Tho Nesbitt, Reeve Davi. R. "ree, Administrator/Clerk-Treasurer This by-law read a third time and ji ally passed this 25th day of October, 1994. A_ / Thom. . esbitt, Reeve Al Da d . ree, Administrator/Clerk-Treasurer 2 t4.`� _ THE CORPORATION OF THE VILLAGE OF PORT BURWELL ® P.O. Box 10, Port Burwell, Ontario NOJ ITO ( telephone (519) 874-4343 • fax (519) 874-4948 November 15, 1994 cSa ccOCO Canada/Ontario Infrastructure Works 13th Floor, 777 Bay Street Toronto ON M5G 2E5 Attention: Mr. M. Mendelson Dear Mr. Mendelson Please find enclosed two certified copies of our By-Law #94-36 as well as two signed copies of the Provincial - Municipal Infrastructure Agreement. Please return the appropriate copies for our files at your earliest possible convenience. I trust that you will find the attached in order and if you should have any further questions please feel free to call. Yours truly pa ' ' °. Free, CET, AMCT(A) Ad '.': rator/Clerk-Treasurer Encs. Tom Nesbitt • Reeve David R. Free, CET,AMCT(A) • Administrator/Clerk-Treasurer Councillors • E. Epple, G. Loucks, C.Allis, J. Hevenor 1 PROVINCIAL-MUNICIPAL INFRASTRUCTURE AGREEMENT THIS AGREEMENT made this 11th day of October, 1994 . BETWEEN: HER MAJESTY THE QUEEN, in right of the Province of Ontario as represented by the Minister of Municipal Affairs, referred to below as the "Province" , AND: THE CORPORATION OF THE VILLAGE OF PORT BURWELL referred to below as the "Municipality" , WHEREAS on January 24 , 1994 , the Province and Canada entered into the Canada-Ontario Infrastructure Program Agreement, which is appended to this Agreement as Schedule "A" ; AND WHEREAS Canada and the Province are committed to the renewal and enhancement of Canada' s physical infrastructure; AND WHEREAS it is agreed that Canada and the Province should invest in the renewal and enhancement of infrastructure at the local community level ; 4 - 2 - AND WHEREAS Canada and the Province agree that sound investments in infrastructure can promote a competitive and productive economy, generate valuable short and long-term employment and accelerate economic recovery; AND WHEREAS the Municipality is also committed to. working toward this shared goal of investing to improve public infrastructure and the creation of employment; AND WHEREAS the Municipality, by By-law dated , 1994 and appended hereto as Schedule "B" authorizes the Mayor, Reeve, Warden or Chair and the Clerk to enter into this Agreement on behalf of the Municipality; THEREFORE the Province and the Municipality agree as follows : 1 . Definitions 1 . 1 In this Agreement : • (a) "Canada" means Her Majesty the Queen in right of Canada; (b) "eligible costs" means those costs defined in section 4 . 1 of this Agreement; (c) "fiscal year" means the period commencing April 1 of any year and terminating on March 31 of the immediately following year; (d) "Management Committee" means the Management Committee established pursuant to section 3 . 1 of Schedule "A" ; • • - 3 - (e) "Minister" means Minister of Municipal Affairs; ( f ) "Parties" means Canada and the Province; and (g) "Project" means a project or projects approved by the Management Committee pursuant to section 3 . 5 of Schedule "A" and as further described in Schedule "C" of this Agreement . 2 . Implementation 2 . 1 The Municipality shall implement and complete actual construction of the Project described in Schedule "C" in accordance with the terms and conditions set out in Schedule "C" and in the body of this Agreement on or before March 31 , 1997 . 2 . 2 (a) If at any time after this Agreement is entered into, the Municipality becomes aware that it is or may be in default on either the commencement date or the completion date for the Project or the projected cash flows for the Project as set out in Schedule "C" , the Municipality shall give written notice immediately to the Province, by registered mail, of the actual or possible default . (b) The notice shall contain the following information : ( 1 ) detailed reasons and justification for the actual or possible default; and ( 2 ) the revised Schedule "C" setting out the new commencement or completion dates , and projected cash flows . (c) The notice, upon receipt by the Province, shall be deemed to be accepted unless the Province notifies the Municipality immediately that further Management Committee approval is required in order for the Project to continue as a Project under this Agreement. 2 . 3 The Municipality is solely and fully responsible for the implementation of the Project including but not limited to, the capital costs of the Project and the acquisition of all land and interests in lands that are required for the implementation of the Project . 2 . 4 The Municipality shall be responsible for obtaining all approvals, permits and licences required by all statutes , regulations and by-laws necessary for the implementation of the Project . L - 4 - 2 . 5 The Municipality shall implement the Project in compliance with the laws of the Province of Ontario, including but not limited to, labour, environmental , human rights and occupational health and safety statutes and regulations . 2 . 6 Upon completion of the implementation of the Project the Municipality shall be responsible for all on-going costs associated with the operation, maintenance and repair of the Project . 3 . Tenders 3 . 1 The Municipality shall let all contracts relating to the implementation of the Project in accordance with purchasing policies of the Municipality or as otherwise approved by the Council of the Municipality . 3 . 2 To the extent permitted by law the Municipality shall ensure that when selecting a bid or proposal for work to be done in respect of the implementation of the Project that a bid or proposal price preference of up to 10 percent on the Canadian content (all values added in Canada) of the supplies, equipment and services will be applied when comparing bids and proposals of Fifteen Thousand ( $15 , 000) . or more, with the exception of cement . 4 . Financial Provisions 4 . 1 For purposes of this Agreement, "eligible costs" means all direct costs properly and reasonably incurred and paid solely and specifically in relation to this Project and 'for greater certainty means : (a) costs invoiced against a contract for goods and services necessary for the implementation of the Project; (b) any other costs which are incurred and paid in the course of implementation of the Project that are recognized and determined as relevant by the Management Committee; (c) the salaries and wages of any employee of the Municipality and other employment benefits of any employee engaged solely and specifically for the purpose of implementing the Project which costs have been determined and approved by the Management Committee, including the salaries and other employment benefits of any municipal employee in proportion to the employee' s time solely and specifically devoted to the Project; - 5 - (d) costs related to Project signage; (e) contributions in kind which are recorded at the lesser of fair market value or cost; and ( f) any other administrative costs not otherwise covered in (a) , (b) , (c) , (d) and (e) above, which have been determined and approved by the Management Committee; but shall not include costs which are for : (g) services or works normally provided by the Municipality or an agency thereof ; and ( h) the cost of any lands or any interest in land . 4 . 2 (a) The Province shall contribute an amount not exceeding one third ( 1/3 ) of the eligible costs of the Project, and on behalf of Canada, shall contribute an amount not exceeding a further one third ( 1/3 ) of the eligible costs of the Project, and the final one third ( 1/3 ) of the eligible costs of the Project shall be contributed by the Municipality . (b) If the Municipality receives grants or other funding from Canada in addition to the funding set out in this Agreement the Municipality may apply those other funds to the Project however the aggregate funding received from Canada from ,all sources shall not exceed one third ( 1/3 ) of the eligible costs of the Project . (c) A Project is not eligible for funding under this Agreement if the Project receives funding from the Province under any provincial capital program. - 6 - 5 . Payment Provisions 5 . 1 The Municipality shall submit to the Province its claims for payment of the eligible costs of the Project which it has paid or which it has been billed for but has not paid . In all instances claims for payment shall be submitted on or before March 31 of the year following the fiscal year in which the cost was incurred, but no claim for payment shall be submitted after March 31 , 1998 . 5 . 2 Where the Municipality in accordance with section 5 . 1 submits a claim to the Province for payment of eligible costs for which it has been billed but has not paid, the Municipality agrees to supply the Province with proof of payment of that bill within 90 days of submitting the claim to the Province. 5 . 3 In the event that the Municipality does not file the proof of payment required by section 5 . 2 , the Province may • withhold or reduce future payments to the Municipality; 5 . 4 The Province shall not be responsible for the payment of any costs incurred before January 24 , 1994 in relation to the implementation of the Project regardless of when such costs are billed to the Municipality . 5 . 5 The Municipality shall submit its claims for payment of • eligible costs to the Province on claim forms which will be provided by the Province . 5 . 6 Subject to satisfactory review and approval of the claim by the Province, the Province shall pay to the Municipality the Parties ' share of the eligible costs . 5 . 7 The Municipality shall submit with its final claim for payment of eligible costs a Project Completion Report for the Project and the said Report shall be submitted on forms which will be provided by the Province . 5 . 8 In the event that the Municipality does not submit a Project Completion Report as required by section 5 . 7 , the Province shall withhold payment of the final claim. - 7 - 6 . Financial Records 6 . 1 The Municipality shall keep separate financial records for all amounts incurred, claimed, paid and received with respect to the implementation of the Project . 6 . 2 The Municipality shall retain and preserve all documents , contracts, records, claims and accounts that relate to the implementation of the Project until March 31 , 1999 . 7 . Public Information 7 . 1 The Municipality shall not make any public announcements with respect to the approved Project without the prior written consent of the Management Committee; 7 . 2 The public information described in section 10 of Schedule "A" , public announcements and official ceremonies concerning the Project shall be developed and organized by a joint federal-provincial communications committee in consultation with the Municipality. Costs associated with the public information, public announcement or official ceremony shall be shared equally by Canada and the Province . 7 . 3 ( a) At the request of Management Committee the Municipality shall install at the appropriate location, and maintain throughout the duration of the Project, one or more signs indicating that the Project is an Infrastructure Project • undertaken under the auspices ctf the Canada-Ontario Infrastructure Program Agreement or bearing any other such message approved by the Management Committee . (b) The cost of the signage referred to in paragraph (a) is considered an eligible cost for the purposes of section 4 . 1 (d) of this Agreement . 7 . 4 (a) At the request of Management Committee the Municipality shall install, upon completion of the Project, where feasible, a plaque or permanent sign bearing an inscription approved by the Management Committee . (b) The cost of the plaque or permanent sign referred to in paragraph (a) shall be shared equally by Canada and the Province. r - 8 - • 7 . 5 All public information material related to calls and tenders for the Project, including Project signage, shall clearly and prominently indicate that funding was provided under the terms of Schedule "A" , and non-compliance by the Municipality may result in the termination of such funding. 7 . 6 ( a) All public information material approved by the Management Committee in relation to this Project shall be in both English and French . (b) Paragraph (a) does not apply to public information material related to calls and tenders for the Project unless the Municipality has passed a by-law pursuant to section 14 of the French Language Services Act R. S .O. 1990 , c . F. 32 , as amended or re-enacted from time to time . 8 . Audit and Inspection 8 . 1 Upon reasonable notice from either or both Parties the Municipality shall make available to either or both Parties , and their respective auditors , all documents , contracts , records , claims and accounts associated with the implementation of this Project, for inspection . 8 . 2 Each of the Parties may inspect the amounts of all claims in respect of the implementation of the Project, and all documents, contracts, records and accounts , related to the claims . 8 . 3 After completion of the implementation of the Project, the Province may undertake a final accounting and audit of the actual costs and may make appropriate adjustments in accordance with the permitted eligible costs . The Municipality shall immediately refund any overpayment upon the Province' s written request regardless of when the overpayment is discovered. • 8 . 4 If the Province, during its inspection of any of the documents, contracts, records, claims and accounts determines that any payment made by the Province has been used by the Municipality for any purpose other than implementation of the Project the Municipality shall, immediately upon written request from the Province, remit the amounts requested to the Province . 8 . 5 Upon written request from the Management Committee, the Municipality shall provide the Committee with any information which is available to the Municipality with respect to the Project and which the Committee requires for any purpose. WA.41W7e7177777 - 9 - 9 . Indemnification 9 . 1 The Municipality shall indemnify and save harmless the Parties, their Ministers, officers, employees and agents from and against all claims, demands, losses , costs , damages, actions , suits or other proceedings by whomsoever made, sustained, brought or prosecuted, in any manner arising from any wilful or negligent act, or attributable to anything done or omitted to be done in the implementation, operation, maintenance and repair of the Project . 9 . 2 If the Municipality enters into an agreement with a Third Party for the purpose of implementing the Project, the Municipality shall ensure that it is a term of that agreement that the Third Party shall indemnify and save harmless the Parties , their Ministers , officers , employees and agents from and against all claims , demands , losses , damages and costs of any kind based upon any injury or loss of property arising from any wilful or negligent act , • omission or delay on the part of the Third Party, its directors , officers , employees or agents in carrying out the contract . 10 . Insurance 10 . 1 The Municipality shall maintain comprehensive policies of public liability and property damage insurance, insuring the Municipality for all sums which the Municipality may become obliged to pay as damages by reason of injury to persons ( including death) or damage to or destruction of property in the course of any activity carried out under this Agreement . 11 . Time is of the Essence 11 . 1 Time is of the essence in this Agreement and any dates or deadlines are to be strictly adhered to. 12 . Priority 12 . 1 In the event of conflict between the body of this Agreement and Schedule "A" , Schedule "A" shall prevail . In the event of a conflict between the body of this agreement and Schedule "C" this Agreement shall prevail . - 10 - 13 . Notice 13 . 1 Any notices, invoices, reports or communications under this Agreement shall be given by personal delivery or by regular mail, posted in Canada, delivered or addressed as follows : to the Ministry: MINISTRY OF MUNICIPAL AFFAIRS CANADA ONTARIO INFRASTRUCTURE WORKS PROGRAM OFFICE (COIW) 13TH FLOOR 777 BAY STREET TORONTO, ONTARIO MSG 2E5 to the Municipality: The Corporation of the • Attn: • - 11 - 14 . Schedules 14 . 1 Schedules "A" , "B" and "C" of this Agreement and the provisions contained in those Schedules form part of this Agreement . 15 . Alteration or Addition 15 . 1 No change or modification to this Agreement and Schedules hereto shall be valid unless authorized in writing by both the Municipality and the Province . 16 . Binding 16 . 1 This Agreement binds the Province and the Municipality to it and their respective successors and permitted assigns . 17 . Financial Administration Act 17 . 1 Notwithstanding any other provision in this Agreement all obligations on the part of the Province and the Municipality are subject to the Financial Administration Act R. S .O. 1990, c . F. 12 , as amended or re-enacted from time to time. 18 . Failure to Comply 18 . 1 Where, in the opinion of the Province, the Municipality has failed to comply with any of the terms of this • Agreement, the Province shall give the Municipality written notice, by registered mail, of the Municipality' s failure to comply . 18 . 2 If the Municipality upon receipt of the notice referred to in section 18 . 1 fails to comply with the terms of this Agreement within fourteen ( 14 ) days of receiving the notice, the Province may recommend to the Management Committee that it revoke the Project and where the approval is revoked, the Province may recover any and all funds paid to the Municipality under this Agreement . 19 . Dispute Resolution 19 . 1 Any dispute arising out of the Agreement shall be submitted to and determined by a court having jurisdiction in the Province to hear and determine such dispute . - 12 - IN WITNESS WHEREOF this Agreement has been executed on behalf of the Province by the Minister of Municipal Affairs , and on behalf of the Municipality by the Mayor, Reeve, Warden or Chair and the Clerk. GOVERNMENT OF THE PROVINCE OF ONTARIO Witness Minister of Municipal Affairs Date THE CORPORATION OF THE • qb, r. ► —I . sv# _AM/12 . 1Pr ALA° Wi ness R ere Warden hair p-eWfr.1Kff 47101/Z0 ALA, pl` AK' .0/ 40001 ness er 7 f • / Daae t • • • O O.C./Dtcret 105/94 :mtf4111 � SCHEDULE A Ezecutirt Council Conseil des ministrots 1 hereby certify that the attached is a true copy of an Order made on January 19th, 1994. by His Honour the Honourable Henry Newton Rowell Jackman, B.A., LL.B, lieutenant Governor of the Province of Ontario in Council. Deputy Clerk, Executive Council of Ontario Dated at Toronto, January 20, 1994. v. • Order in,Council . G+11 Decret Ontario Emmons Council y, l,r7 • Conseil dos m'nsras i.: On the recommendation of the undersigned, the Sur la recommendation du sousstgne, le Lieutenant Governor, by and with the advice and lieutenant-gouverneur, sur I'avis et avec le con- concurrence of the Executive Council, orders that: sentement du Conseil des ministres. decrete ce qui suit: ?<. Oli.' WHEREAS the Government of Canada ("Canada") and the Government of the Province of Ontario ("Ontario") agree that there is a need to renew and enhance Canada's and Ontario's physical infrastructure, notably in local communities; AND WHEREAS Canada and Ontario agree that sound investments in infrastructure can promote a competitive and productive economy, generate valuable short and long- term employment and accelerate economic recovery; AND WHEREAS Canada and Ontario agree that it is opportune to invest in needed infrastructure in periods of high national or regional unemployment; AND WHEREAS Canada and Ontario are committed to environmental sustainability and recognize that infrastructure investments can enhance the quality of the environment; THEREFORE the Minister of Economic Development and Trade and the Minister of Municipal Affairs are authorized on behalf of Ontario to enter into an agreement with the Government of Canada in English and in French in substantially the form of the agreement attached hereto. Recommended 1 Concurred ic2d31/44 Premier and President Chair of binet of the Council Approved JAN 1 9 1994 i,•�y and Ordered. — Date ere • '''t Governor O.C.IDbcret 105/94 ' Ogg C. P. 1993-7/2132 22 decembre 1993 CAN*OA PRIVY COUNCIL • CONSEIL PRIVE (Rec. du C.T. 320960) Sur recommandation du ministre de 1 'Industrie, des Sciences et de la Technologie et du Conseil du Tresor, it plait a Son Excellence le Gouverneur general en conseil d'approuver que le ministre de 1'Industrie, des Sciences et de la Technologie et le Président du Conseil du Tress= et ministre resnonsable de 1'Infrastructure concluent, au nom du gouvernemant du Canada, une entente de contribution cur l'infrastructure avec le gouvernement de la province de l'ontario, laquelle entente est conforme en substance au projet d'entente ci-joint. c;FRTirico To EC • TRUE CCPY - COME CEmnrIEE CONCORM 4c35 f1% 2.)/ CANADA-ONTARIO 11:17.13ALTEMUIZEI,__F.M2213.his AGREEMENT This Agreement made this day of January 1994 . BETWEEN THE GOVERNMENT OF CANADA (herein referred to as "Canada") represented by the Minister .�a. i responsible for Infrastructure and ,.., the Minister of Industry, Science and Technology AND - THE GOVERNMENT OF THE PROVINCE OF ' • ONTARIO (herein referred to as "the Province") represented by the Minister of Economic Development and Trade and the Minister of Municipal Affairs. WHEREAS Canada and the Province agree that there is a need to renew and enhance Canada ' s and Ontario' s physical infrastructure, notably in local communities ; AND WHEREAS Canada and Ontario agree that sound investments in infrastructure can promote a competitive and productive economy, generate valuable short and long-term employment and accelerate economic recovery; AND WHEREAS Canada and Ontario agree that it is opportune to invest in needed Infrastructure in periods of high national or regional unemployment; AND WHEREAS Canada and Ontario agree that such investments need to be undertaken in an efficient and timely manner; AND WHEREAS Canada and Ontario are committed to environmental sustainability and recognize that infrastructure investments can enhance the quality of the environment; 'AND WHEREAS the Governor in Council by Order in Council P.C. 1993-7/2182 dated, December 22 , 1993 has authorized the Minister of Infrastructure together with the Minister of Industry, Science and Technology to execute this Agreement on behalf of Canada; t- ' AND WHEREAS the Lieutenant Governor in Council, by Order in Council of the day of 199 , has authorized the Minister of Economic Development and Trade and the Minister of Municipal Affairs to enter into this Agreement on behalf of the Province of Ontario; NOW THEREFORE THIS AGREEMENT WITNESSETH that in consideration of the premises, covenants and agreements herein contained, the parties hereto covenant and agree as follows: _ -----Y------ - 3 - .2 •(,.(n) "Provincial Implementing Minister" means the Minister of Economic Development and Trade ' 7'r"• and includes anyone authorized to act on the Minister's behalf ; (0) "Provincial Minister" means the Minister of Municipal- Affairs and includes anyone authorized to act on the Minister' s behalf; (p) "Provincial Minister(s) " means the Provincial Minister and the Provincial Implementing Minister; and (q) "Third Party" means any person, other than a Party to this Agreement or a Contributor, with whom an agreement is signed for the completion of a project. 1 . 2 Words in the singular include the plural , and words in the plural include the singular . 2 . 0 PURPOSE 2 . 1 The "purpose of this Agreement is to enable CANADA and the Province of ONTARIO, in co-operation, where and as appropriate, with Contributors to undertake a program of investment in order to : • renew and enhance the quality of Canada ' s and Ontario's infrastructure which is instrumental in the provision of public services, notably in local communities; and, • provide for timely and effective employment creation. - - - 3 . 0 MANAGEMENT AND COORDINATION Establishment and Internal rules . 3 . 1 A Management Committee shall be established to administer and manage this Agreement. It shall consist of four members, two to be jointly appointed by the Federal Ministers and two to be appointed by the Provincial Minister(s) . In addition, the Federal Minister and the Provincial Minister May each appoint one representative as an ex-officio member of the Management Committee. The Management Committee shall continue to exist and operate for as long as necessary to meat the requirements of the Agreement. 3 . 2 The Management Committee shall be headed by two Co-chairs, one from the two federal members, to be known as the federal Co-chair, and one from the two provincial members, to be known as the provincial Co-chair. The federal and provincial members not appointed as Co-Chairs shall act, in absence of their Co-Chair, as the substitute. 3 . 3 The Management Committee shall meet on a timely basis at such places and on such dates as may be agreed by the Co-chairs. A quorum for all meetings of the Management Committee shall ba made of the Canada Co-chair or substitute member and the Provincial Co-chair or substitute member; 3 . 4 Decisions of the Management Committee can only be - 5 - Administration _,• 3 . 7 The Management Committee shall be responsible for the administration and management of this Agreement, and without limiting the generality of the foregoing, shall: -.7:,pxz • (a) ensure that the expected completion date of a project shall not be later than • March 31, 1997 ; (b) ensure the implementation of the management information and evaluation provisions of this Agreement and ensure a free flow of information between the Parties ; , (c) adopt such standards, procedures, forms (eg. Project Authorization form) , reports and guidelines consistent with this Agreement as it deems expedient and appropriate to achieve its purpose; (d) establish Sub-Committees as may be required from time to time to assist in the management of this Agreement, delegate to them all necessary authority to carry out their mandate and establish all procedures with respect to its own meetings and those of the Sub-Committees, including rules for the conduct of meetings and the making of decisions where the members are not physically present; and (e) carry out any other duties , powers and functions specified elsewhere in this Agreement or as may be assigned to the Management Committee by the Ministers to accomplish the Purpose of the Agreement . 4. 0 IMPLEMENTATION 4 . 1 Subject to the terms of this Agreement, the Province shall undertake or shall cause to be undertaken the implementation of all projects. 4 . 2 The review, approval and implementation of any projects shall be undertaken in mutual respect of applicable federal and provincial environmental legislation. 5. 0 CONTRACT PROCEDURES 5. 1 All contracts to be entered into by the Province or by any Contributor with a Third party for the due implementation of a project shall be awarded and administered in accordance with the administrative, management and contract procedures within the Province. 5 . 2 All contracts entered into pursuant to Section 5 . 1 shall incorporate the relevant provisions of this Agreement and in particular, that • any of the members of the Management Committee shall be permitted, at all 7 - u;a . (b) Except with the written agreement of the • ., .. Federal Minister, yen,a..,:r.. . a ( i) should the federal share of direct costs • Asea referred to in Subsections 7 . 1 (a) , (b) , (c) And qd) that are incurred but not necessarily paid for projects approved account for less than 5252 . 829 million by March 31, 1995, the maximum total contribution by Canada under this Agreement shall be reduced by the amount corresponding to the. shortf a l l; and (ii) The more that► 5108 .356 million of the federal share of direct costs referred to in Subsections 7 . 1 (a) , (b) , (c) and (d) may be incurred after March 31, 1996 which, in any case, shall be incurred on or before March 31, 1997 . 6 . 2 (a) The contribution` by Canada from all sources, including this Agreement, with respect to any one Project shall not exceed one-third (1/3 ) of the total Eligible Costs approved for that project, except as otherwise provided in subsection 6. 2 (b) of this Agreement. (b) Canada may, at the request of the Province but subject to the agreement of the federal Co-chair, fund more than one third (1/3) of the Eligible costs of a specific Project provided that Canada's share of Eligible costs for all projects approved under this Agreement, at any given time, by the Management Committee does not exceed one third (1/3) . (c) Eligible Costs referred to in Subsection 7 . 1 (d) shall be shared equally by the Parties . 7 . 0 PAYMENT PROCEDURES 7 . 1 For the purposes of this Agreement, "Eligible Costs" include all direct costs properly and reasonably incurred and paid solely and specifically in relation to this Agreement that are: PAX. (a) invoiced against a contract for goods and e• ~' services necessary for the implementation of a Project; (b) any other costs which are incurred and paid in the course of implementation of the Project that are recognized and determined as relevant by the Management Committee; and (c) the salaries and other employment benefits of any employee of Canada, the Province or the Contributor engaged solely and specifically - for the purpose of implementing a Project under this Agreement which costs have been determined and approved by the Management 7 Committee; - 9 - • (b) the Management Committee approved, as being justified, the inclusion of the cost } rn. overruns; and (c) funds are available to cover said costs overruns. 8 . 0 AUDIT AND IN5PEcTION 8 . 1 Canada and the Province shall ensure that proper and accurate accounts and records are maintained with respect to each Project undertaken pursuant to this Agreement and shall, upon reasonable notice, mak, such accounts and records available for inspection. 8 . 2 Accounts shall be maintained for a period of three years beyond March 31, 1996. 8 . 3 Each of the Parties may inspect the amounts of all claims in respect of any project implemented under this Agreement and the accounts and records related thereto. Any discrepancy between the amounts paid by any of the Parties and the amount payable under this Agreement shall be promptly adjusted between the Parties. 8 . 4 Each of the Parties hereto will provide to any member of the Management Committee on request all information that would indicate that a Project hereunder has been undertaken or completed and the costs incurred with respect thereto. 9 . 0 PROGRAM EVALUATION 9 . 1 The Management Committee shall approve a plan and budget for the evaluation of the Program of Infrastructure within six months of the signing of the Agreement. Costs associated with th4 evaluation shall be shared equally by the Parties . 9 . 2 The evaluation plan shall identify: responsibilities for evaluation activity and data collection; evaluation issues; and, the character and timing of data collection. 9 . 3 The Management Committee shall approve the terms of reference for the evaluation before it is undertaken. 9 . 4 The Management Committee shall submit to the Ministers an evaluation report no later than twelve months after March 31, 1996. 9 .5 Each Party will provide the other with all relevant information as may reasonably be required for such evaluation. - 11 - r 11. 0 GENERAL 11 . 1 This Agreement may be amended from time to time on written agreement of the Federal Ministers and Provincial Ministers. It is expressly agreed and understood, however, that any amendment to Section 2 . 0 dealing with PURPOSE, to the part of Subsection 3 . 5 (a) dealing with the last approval date, to Subsections 6 . 1 (a) and 6.2 (a) dealing with the financial participation of Canada must be approved by the Governor in Council or must obtain any other approval that may be otherwise statutorily required. 11 . 2 No member of the House of Commons of Canada or of the Senate of Canada or of the Legislative Assembly of Ontario shall be admitted .to any share or part of any contract, agreement or commission made pursuant to this Agreement or to any benefit arising therefrom. 11. 3 Nothing in this Agreement is to be construed as authorizing one Party or, at the demand of the Province, any Contributor to contract for or to incur any obligation on behalf of the other or to act as agent for the other. 11 . 4 All property including patents, copyrights and other intellectual property and any revenue acquired as a result of the work performed under any approved projects shall be disposed of, licensed or otherwise dealt with as the Management Committee may from time to time determine. 11 . 5 Notwithstanding any other provision of this Agreement, all obligations of Canada incurred by virtue of this Agreement shall be subject to the Financial Administration Act. 11 . 6 (a) Any dispute between Canada and Ontario hereto or any question of law or fact arising out of this Agreement shall be submitted to and determined by the Federal Court of Canada pursuant to the Federal Court Act of Canada . (b). Any disputa arising from contracts entered into pursuant to Section 5. 1 of this Agreement shall be submitted to and determined by the court having jurisdiction and governing said contracts. J _ fir, i' it t .. s ♦ .- r u"b'.' Village of Port Burwell Post Office Box #10 21 Pitt Street Port Burwell, Ontario NOJ 1TO Resolution October 25, 1994 2 MOVED BY: �` `►- , SECONDED BY: Nivr BE IT RESOLVED, the Council of the Village of Port Burwell hereby agrees to introduce By-Law 94-36, being a by-law to authorize the signing of an agreement with the Province of Ontario UNANIMOUSLY: IJ/, L . 4dPo'f E GopY AMCt� SvaEF; 1 C=� =RU EE, CG�RKSRF.P • = r AV oN s‘GNA-c°R %1 The Corporation of The Village of Port Burwell PO Box 10 21 Pitt Street Port Burwell, Ontario By-Law 94-36 Being a By-Law to authorize the signing of an agreement with the Province of Ontario WHEREAS the federal and provincial governments have entered into an agreement to provide$1.2 billion to municipalities in Ontario over the next two years in support of capital projects under the "Canada-Ontario Infrastructure Works" program; AND WHEREAS individual municipalities are being required to contribute one-third of the cost of eligible projects under this shared cost program; AND WHEREAS the Corporation of the Village of Port Burwell has been given an allocation based on its proportion of population and households and has been invited to submit project proposals that reflect local priorities for approval; AND WHEREAS the Canada-Ontario Management Committee has approved the project proposals described in Schedule "A"; AND WHEREAS the Corporation of the Village of Port Burwell is required to enter into an agreement with the Province of Ontario covering such items and financial arrangements and payment provisions, eligible costs, financial reporting, audit and inspection provisions, public information requirements, the project details, including the implementation of the projects, and timelines; NOW THEREFORE the Council of the Village of Port Burwell ENACTS AS FOLLOWS: The Head of Council and the Administrator/Clerk-Treasurer are hereby authorized on behalf of the Corporation of the Village of Port Burwell to sign the agreement with the Province of Ontario set out in Schedule "B" to provide for the implementation of the approved projects. 1 • This by-law read a first and second time this 25th clay of October, 1994. / Tho Nesbitt, Reeve Davi. R. ree, Administrator/Clerk-Treasurer This by-law read a third time and ji ally passed this 25th day of October, 1994. 4&..„ Thom. : esbitt, Reeve Dad ree, Administrator/ClerkTreasurer �\5 N`Clt \0 P cam, -.0P 1�OC:4 G`' P� 5°4QIP P:v 2 . SCHEDULE "C" 1. MUNICIPALITY: VILLAGE OF PORT BURWELL 2 . PROJECT NAME: MUNICIPAL OFFICE UPGRADE 3. PROJECT NUMBER: M4450301 4. LOCATION OF PROJECT: 21 PITT STREET 2-41 o S 5. ELIGIBLE PROJECT COSTS: 4267-040: 00 As approved and set out in the attached Project Expenditure Schedule. 6. PROJECT START DATE: 1994/09/01 7. PROJECT COMPLETION DATE: 1994/09/30 SCHEDULE 2/ANNEXE 2 PROJECT EXPENDITURE FORECASTl/DEPENSES PREVUES DU PROJET (Section 2.1 through 2.11 - Guide to the Application Form)/(Article 2.1 d 2.11 - Guide pour remplir Is formulalre de demand.) Local n.arrr..n.r.Inner ►.h.16.01...ter lac J 1904/95 1 ISN/$S 1994/97 Apr-Jun/ Myr/ Oct-Dec/ ,Jar*#Jar/ Apr-Jun/ .My-Sept/ Oct-Dac/ Jew►/ Apr-Jun/ July-Sapt/ Oct-0.c/ Jan-Mar/ AvrJuln JtiSapt 0;r Jan-Jars AvrJuln Ju4Sapt Oct-Dic Jan-Mars Avr-Ji* Jul SeptOd-Dlc Jan-JJan 2.1 Invoiced Costs-Major Contract/Cools factures-Control Imported ..3117:01,1 /4 2.2 Other relevant contract coats/Autres coots pertinent*du contra' 2 3 Salines d Employee Benefits/Salad's at avattagas sodncc des arnploy4s 2 4 EqulpnwH/Matklel 2.5 Other Costs(speclly)/Auras colts(pricker) 2.6 Told Estimated Project Gross Coat/Coot brut told estimate du prajst 2.7 Lass GST Rebates/Moho rernbousamsnts de kt TPS �t4 kiD7 eAt`yt 2 8 Told Estimated Protect Net Coat/Coot net total sstkrtate du pro(at 7/053 r' Ptopoaad"had a F w/M4l09d..a� Ro• , ; - t.4 ` . TOM Funding$/A'i+.5o.mttat+t IOW$ p� 2 9 Canada Ontario Infrastructure Works Capkal(Fadaral and Pro kicw Shares)/ ft,(67- J 8 227 Recalls in capital- Programme swiss maw dirdrastructurs Canada-Oc*ab(Parts ledkak at provinckls) k eiJ!_ O `�fi,O 2.10 Local Partner s Own Resaurcas/Fonds proper).du portend',local A,fl3 2.11 Private Sector Conulbutons(Attach Business Case)/Contrlbutlorr du sedaur prM(Priam ds padre un rapport d'alakes) � J T4TN/TOTAL • SCHEDULE "C" 1. MUNICIPALITY: VILLAGE OF PORT BURWELL 2. PROJECT NAME: PUBLIC WASHROOM PROGRAM 3. PROJECT NUMBER: M4450302 4 . LOCATION OF PROJECT: EAST BEACH, HAGERMAN STREET 5. ELIGIBLE PROJECT COSTS: $15,000.00 As approved and set out in the attached Project Expenditure Schedule. 6. PROJECT START DATE: 1994/09/01 7. PROJECT COMPLETION DATE: 1994/09/30 SCHEDULE 2/A NEXE 2 .� PROJECT EXPENDITURE FORECAST/DEPENSES PREVUES DLI PROJET • (Section 2.1 through 2.11 - Guido to the Application Form)/(Artklo 2.1 a 2.11 - Guide pour remplir N formulalre de demands) t..,r....../r...sior.r.r ..y..wmnM..«PM. Vikrir.� r-t YcrZc�l� V,/ICV('c\r er1— vc�fl� 111114/115 /6011/68 tees/e7 Apr-Jun/ July-8441/ Oct•O.c/ Jan-Mr/ Apr-Jim/ ,111* / Oct-Dec/ Jw*Mw/ Aa-Jut/ ,h+rsecy oc+-0.c/ Jan-Mar/ AwJuln Jul-Sept Oct-Dec Jan-Ars AwJuln Jul-Sept Oct-Dec Jen-Mere AwJuin Jue-Sept Odic Jan-Mars 2.1 Invoiced Costs-Ma)or Contract/Coots futures-Contra*trivalent 1 icC._ 2.2 Other relevant contract costs/Mire(mitts pertinent*du control 2.3 Salaries 8 Employee Benefits/Salahw et.vantages sociaux des employes 2.4 Equipment/Materiel 2.5 Other Costs(specify)/Autres cotta(precise() 2.6 Total Estimated Prof act Gross Cost/CoOt brut total estimate du profit • 2.7 Less GST Rebates/Moto rembousame is de Is TPS !' � 2.8 Total Estimated Pro)ed Net Cost/CoOC nst total sstknstl du profit • I'LI-, t . Proposed Method of Ffrwrc s/Mfkhode de Menc.rrwrt prop0ah r' qmtg 1 dMp i/11noncippllt fogy$ :--s 2.9 Canada Ontario Infrastructure Works Capital(Federal and Provincial Shares)/ Reams en capital• Programme sur les travaux d'Irtrastnxture Canada-Ontario(Parts federal*it provincials) iC,`C C 2.10 Local Parker's Own Resources/Fords propres du potential'local 2.11 Private Sector Contributions(Attach Business Case)/Contributions du secteur wive(Prier*de)olndre un rapport d'affalres) • TAL I SCHEDULE "C" 1. MUNICIPALITY: VILLAGE OF PORT BURWELL 2. PROJECT NAME: SIDEWALKS 3. PROJECT NUMBER: M4450303 4. LOCATION OF PROJECT: VARIOUS LOCATIONS IN VILLAGE 5. ELIGIBLE PROJECT COSTS: $50,000.00 As approved and set out- in the attached Project Expenditure Schedule. 6. PROJECT START DATE: 1994/08/01 7. PROJECT COMPLETION DATE: 1994/08/31 SCHEDULE 2/ANNEXE 2 PROJECT EXPENDITURE FORECAST/DEPENSES PREVUES DU PROJET (Section 2.1 through 2.11 - Guide to the Application Form)/(Article 2.1 a 2.11 - Guide pour remplir N tormulaire de domande) Load? /P.—lel rr,M. 1....n.e r r—r Villccj C4 . lt(CLf1lf C`� /�. /).trl �f (CM r�i� rC4 > • 1994/95 1996/98 1998/97 • Apr-Jun/ July-Sept/ Oct-Dec/ Jan-Aar/ Apr-Jun/ July-Sept/ Ocl-Dec/ Jar*4Aar/ A s Ma/ My-Sept/ Oct-Dec/ Jan-Mar/ AvrJuin Jul-Sept Oct-Dic Jan-Mars AvrJuln Jul-Sept Oct-Dic Jan-Mars AvrJu In Jul-Sept Od-Dec Jan-Man 2.1 Invoiced Costs-Major Contract/Coats Pictures-Conine Important - y- 2.2 Other relevant contract costs/Autres coats pertinent*du contras 2 3 Salaries A.Employee Benefits/SaWree d avartagss soduoc des employs 2.4 Equipment/Materiel 2.5 Other Costs(specily)/Autres coos(preWasI1 . 1C tCI� .�tC I , _?�." 1 2.6 Total Estimated Project Gross Cost/Coat taut total siding.du pulse 2.7 Lass GST Rebates/Moine rs nbonresnwts da Pi/Pe '41\- 2.8 _2.8 Total Estimated Pro)ad Net Cad/Coat net total Mimed!du proiet PrtoPOesd*shod d lne/Ma lra"Os fl on latent pfop004. .'' 29 Canada Ontario i hastrudus Works Capital(Federal and Provincial Shwas)/ Ratans en capltai- Programme at,Iss travatac dinlradrn s Canada-Ontario(Parts*Wale d prowtndaia) 3 a 210 Local Partre 's Own Rasouces/Fonds propraa du parterlaks local 2.11 Private Sector Contributions(Ansa Business Case)/Contributions du aerYaur p vd(Priers de Iia,r rapport Calkins) • • 9 - 3111111111111111111111111.11110111111111111 rQTA�TlpTN-- • Q.C1Decret 105/94 �a� SCHEDULE A Executive Council Conseil des mtn sires I hereby certfir that the attached is a true copy of an Order made on January 19th, 1994. by His Honour the Honourable Henry Newton Rowell Jackman, B.A.• LL.B, Lieutenant Governor of the Province of Ontario in Council. Deputy Clerk, Executive Council of Ontario Dated at Toronto, January 20, 1994. Order in Council • a 4kt e—01 I I • Decret Ontario E.ecuttw Count Consci Cas mm,stres On the recommendation of the undersigned, the Sur is recommendation du sousstgne. le Lieutenant Governor. oy and with the advice and lieutenant-gouverneur, sur I'avis et avec le con- concurrence of the Executive Council, orders that: sentement du Conseil des ministres. de-rete ce qui suit: WHEREAS the Government of Canada ("Canada") and the Government of the Province of Ontario ("Ontario") agree that there is a need to renew and enhance Canada's and Ontario's physical infrastructure, notably in local communities; AND WHEREAS Canada and Ontario agree that sound investments in infrastructure can promote a competitive and productive economy;generate valuable short and long- term employment and accelerate economic recovery; AND WHEREAS Canada and Ontario agree that it is opportune to invest in needed infrastructure in periods of high national or regional unemployment; AND WHEREAS Canada and Ontario are committed to environmental susta ma but', and recognize that infrastructure investments can enhance the quality of the environment; THEREFORE the Minister of Economic Development and Trade and the Minister of Municipal Affairs are authorized on behalf of Ontario to enter into an agreement with the Government of Canada in English and in French in substantially the form of the agreement attached hereto. • Recommended Concurred Premier and President Chair of binet of the Council .ems Approved aria Ordered JAN 1 9 1994 Date - t • 'tet Governor O.C.IDecret 105/94 C ret 01.1.-•••••••• P. C. 1993-7/282 December 22 , 1993 CANADA =alvr CCUNCIL • CONSEtL PANE T. B. Rec. 820960) 1IS EXCELLENCY THE GOVERNOR GENERAL IN COUNCIL, on the recommendation of the Minister of Industry, Science and Technology and the Treasury Board, is pleased hereby to approve the entry by the Minister of Industry, Science and Technology and the President of the Treasury Board and Minister responsible for Infrastructure, on behalf of the Government of Canada, into a Contribution Agreement on Infrastructure with the Government of the Province of Ontario, substantially in accordance with the draft agreement annexed hereto. LrRTIrICD ro ac • TRU! COPY - COP?( LERTIFIE= CONCor tc:it C.P. 1993-7/2182 22 decembre 1993 C.AN*011 PRIVY COUNCIL • CONSEIL PRIVE (Rec. du C.T. 320960) • Sur recommendation du ministre de 1'Industrie, des Sciences et de la Techrologie et du Conseil du Tresor, it plait a Son Excellence le Gouverneur general en ccnseil d'approuver quo le ministre de 1'Industrie, des Sciences et de la Technologic et Ie President du Conseil du Tresor et ministre responsable de 1'Infrastructure concluent, au nom du gouvernement du Canada, une entente de contribution cur 3.'infrastructure avec le gouvernement de la province de 1'Ontario, laquelle entente est conforms en substance au projet d'entente ci-joint. CFRTIFICO TO OC A TAAJC CCP♦ - COPIE CCOTIFICC GOrFORM 2.1/ . 'rte CANADA-ONTARIO Z2iFRASTRUCTURE PROGRAM AGREEMENT This Agreement made this day of January 1994 . BETWEEN THE GOVERNMENT OF CANADA (herein referred to as "Canada") represented by the Minister responsible for Infrastructure and the Minister of Industry, Science and Technology AND THE GOVERNMENT OF THE PROVINCE OF • ONTARIO (herein referred to as "the Province" ) represented by the Minister of Economic Development and Trade and the Minister of Municipal Affairs . WHEREAS Canada and the Province agree that there is a need to renew and enhance Canada ' s and Ontario' s physical infrastructure, notably in local communities ; AND WHEREAS Canada and Ontario agree that sound investments in infrastructure can promote a competitive and productive economy, generate valuable short and long-term employment and accelerate economic recovery; AND WHEREAS Canada and Ontario agree that it is opportune to invest in needed Infrastructure in periods of high national or regional unemployment; AND WHEREAS Canada and Ontario agree that such investments need to be undertaken in an efficient and timely manner; AND WHEREAS Canada and Ontario are committed to environmental sustainability and recognize that infrastructure investments can enhance the quality of the environment; AND WHEREAS the Governor in Council by Order in Council P. C. 1993-7/2182 dated, December 22 , 1993 has authorized the Minister of Infrastructure together with the Minister of Industry, Science and Technology to execute this Agreement on behalf of Canada ; AND WHEREAS the Lieutenant Governor in Council, by Order in Council of the day of 199 , has authorized the Minister of Economic Development and Trade and the Minister of Municipal Affairs to enter into this Agreement on behalf of the Province of Ontario; NOW THEREFORE THIS AGREEMENT WITNESSETH that in consideration of the premises , covenants and agreements herein contained, the parties hereto covenant and agree as follows: { - 2 - • 1 . 0 DEFINITIONS 1 . 1 In this Agreement, unless the context requires otherwise, (a) "Canada" means Her Ma;esty the Queer, in Right of Canada; (b) "Contributors" includes any local government and any body corporate, whether public or private, sharing in the Eligible Costs of a Project; (b. l) "Eligi.ble Costs" means those costs defined in 7 . 1 of this Agreement; (c) "Federal Minister" means the Minister responsible for Infrastructure and includes anyone authorized to act on the Minister' s behalf; (d) "Federal Implementing Minister" means the Minister of Industry, Science and Technology and includes anyone authorized to act on the Minister' s behalf; (e) "Federal Ministers" means the Federal Minister and the Federal Implementing Minister; (f) "Fiscal Year" means the period commencing on April 1 of any year and terminating on March 31 of the immediately following year; (g) "Infrastructure" means physical capital assets in Canada instrumental in the provision of public services; (h) "Local governments" means villages ; .towns; townships; cities; counties; regional, district and metropolitan municipalities; the County of Oxford and school boards ; (i) "Management Committee" means the Committee established pursuant to Section 3 . 1 of this Agreement responsible for managing and administering this Agreement; (j) "Ministers" means the Federal Ministers and the Provincial Ministers; (k) "Minister responsible for Infrastructure" xiteans the President of the Treasury Board of Canada in his capacity as Minister responsible for Infrastructure and includes anyone authorized to act on the Minister' s behalf; (1) "Parties" means CANADA and the Province of ONTARIO; (m) "Project" means a proposed Infrastructure project that receives approval for implementation by the Management Committee as per section 3 . 5 of this Agreement; (m. l) "Province" means the Province of Ontario; • - 3 - (n) "Provincial Implementing Minister" means the Minister of Economic Development and Trade and includes anyone authorized to act on the Minister' s behalf ; (o) "Provincial Minister" means the Minister of Municipal Affairs and includes anyone authorized to act on the Minister' s behalf ; (p) "Provincial Minister (s) " means the Provincial Minister and the Provincial Implementing Minister; and (q) "Third Party" means any person, other than a Party to this Agreement or a Contributor, with whom an agreement is signed for the completion of a project. 1 . 2 words in the singular include the plural , and words in the plural include the singular. 2 . 0 PURPOSE 2 . 1 The purpose of this Agreement is to enable CANADA and the Province of ONTARIO, in co-operation, where and as appropriate, with Contributors to undertake a program of investment in order to : • renew and enhance the quality of Canada ' s and Ontario' s infrastructure which is instrumental in the provision of public services, notably in local communities ; and, • provide for timely and effective employment creation. 3 . 0 MANAGEMENT AND COORDINATION ystabiishment and Internal rules 3 . 1 A Management Committee shall be established to administer and manage this Agreement. It shall consist of four members, two to be jointly appointed by the Federal Ministers and two to be appointed by the Provincial Minister (s) . :n addition, the Federal Minister and the Provincial Minister may each appoint one representative as an ex-officio member of the Management Committee. The Management Committee shall continue to exist and operate for as long as necessary to meet the requirements of the Agreement. 3 . 2 The Management Committee shall be headed by two Co-chairs, one from the two federal members, to be known as the federal Co-chair, and one from the two provincial members, to be known as the provincial Co-chair. The federal and provincial members not appointed as Co-Chairs shall act, in absence of their Co-Chair, as the substitute. 3 . 3 The Management Committee shall meet on a timely basis at such places and on such dates as may be agreed by the Co-chairs . A quorum for all meetings of the Management Committee shall be made of the Canada Co-chair or substitute member and the Provincial Co-chair or substitute member; 3 . 4 . Decisions of the Management Committee can only be L. 4 - acted upon if agreed by the Co-chairs or their respective substitutes duly acting for them. Pro".ect Review and selection 3 . 5 The Management Committee shall : ( a) assess all nominated projects, make an approval determination but ensure that no nominated project is approved after March 31 , 1996 . (b) develop, where appropriate and in a timely nannar, guidelines for the eligibility, assessment and approval of nominated projects having due regard to the following criteria : • incrementality and/or acceleration of investment; • short and long-term job creation ; • enhancing Canada ' s and Ontario ' s economic competitiveness ; • use of innovative technologies ; • bringing infrastructure up to community standards, codes and by laws; • enhancing long-term skills in the workforce; • enhancing environmental quality and sustainability; • use of sound innovative financing techniques which may include private capital; and • distribution of program benefits within Ontario. (c) ensure that any project is • consistent with provincial capital planning practices, guidelines and any overall infrastructure development plan(s) affecting the particular region or area of the Province; and, • structured as to ensure that any ongoing additional operating costs are borne by the project proponent and that satisfactory financial arrangements are in place or have been approved by the Province. (d) ensure that all contracts awarded for the implementation of a project incorporate the relevant provisions of this Agreement. 3 . 6 (a) It is understood and agreed by Canada and the Prov+ •Ice that the project approval process shall be initiated by the Provincial Co-chair who shall nominate projects. The Province shall promptly inform the federal Co-Chair of all project proposals or requests as they are received from potential Contributors. (b) It is understood and agreed by the Parties that the Province will consult with local governments and others, with the purpose of advising the Province on project identification and management of this Infrastructure Program. • 1� - 5 - Administration 3 . 7 The Management Committee shall be responsible for the administration and management of this Agreement, and without limiting the generality of the foregoing, shall : (a) ensure that the expected completion date of a project shall not be later than March 31 , 1997 ; (b) ensure the implementation of the management information and evaluation provisions of this Agreement and ensure a free flow of information between the Parties ; (c) adopt such standards, procedures , forms (eg . Project Authorization form) , reports and guidelines consistent with this Agreement as it deems expedient and appropriate to achieve its purpose; (d) establish Sub-Committees as may be required from time to time to assist in the management of this Agreement, delegate to them all necessary authority to carry out their mandate and establish all procedures with respect to its own meetings and those of the Sub-Committees, including rules for the conduct of meetings and the making of decisions where the members are not physically present; and (e) carry out any other duties , powers and functions specified elsewhere in this Agreement or as may be assigned to the Management Committee oy the Ministers to accomplish the Purpose of the Agreement . 4 . 0 IMPLEMENTATION 4 . 1 Subject to the teras of this Agreement, the Province shall undertake or shall cause to be undertaken the implementation of all projects. 4 . 2 The review, approval and implementation of any projects shall be undertaken in mutual respect of applicable federal and provincial environmental legislation. 5 . 0 CONTRACT PROCEDURES 5 . 1 All contracts to be entered into by the Province or by any Contributor with a Third party for the due implementation of a project shall be awarded and administered in accordance with the administrative, management and contract procedures within the Province. 5 . 2 All contracts entered into pursuant to Section 5 . 1 shall incorporate the relevant provisions of this Agreement and in particular, that • any of the members of the Management Committee shall be permitted, at all 6 - �..•-- - reasonable times, to records ipect ct the terms of the contract and any s maintained thereunder; • all applicable labour , environmental and human rights legislation and standards shall be respected; • the Third party shall indemnify and save harmless the Parties to this Agreement and their Ministers, officers and employees from and against all claims , demands, losses , damages , costs of any kind based upon any o or injury or death of a person or damage tfol r loss of property arising from any or negligent act, omission or delay on the t of the Third party or its servants or agents in carrying out the contract; 5 . 3 The Province and, where applicable and at the demand of the Province, the Contributors or any Third party shall indemnify and save harmless from Canada, its Ministers, officers and employ and against all claimsand demandsnarising ng out ut of the implementation, Pe repair of such project except to the extentct of t thatce clims to the ora breach dofeduty sofeany eofficer, aemployee or lg agent of Canada. 5 . 4 Upon the completion of any project, the Province or , where applicable, the Contributor or any Third party to whom is assigned the on-going responsibility for such project shall take over full responsibility for that project' s operation, maintenance and repair, except in cases where other arrangements between Parties hereto specifically apply. . 6 . 0 'FINANCIAL PROVISIONS 6 . 1 (a) Notwithstanding anything in this Agreement but subject to the express conditionh at there be an appropriation byarr Parliament the of Canada for the funds necessary Fiscal Year in which they are required, the total contribution by Canada under this Agreement shall not exceed $722 . 370 million. • - 7 (b) Except with the written agreement of the Federal Minister, ( i) should the federal share of direct costs referred to in Subsections 7 . 1 (a) , (b) , (c) and (d) that are incurred but not necessarily paid for projects approved account for less than 5252 . 829 million by March 31 , 1995, the maximum total contribution by Canada under this Agreement shall be reduced by the amount corresponding to the shortfall ; and ( ii) ?o more than 5108 . 356 million of the federal share of direct costs referred to in Subsections 7 . 1 (a) , (b) , (c) and (d) may be incurred after March 31 , 1996 which, in any case, shall be incurred on or before March 31 , 1997 . 6 . 2 (a) The contribution- by Canada from all sources , including this Agreement, with respect to any one Project shall not exceed one-third ( 1/3 ) of the total Eligible Costs approved for that project, except as otherwise provided in subsection 6 . 2 (b) of this Agreement. (b) Canada may, at the request of the Province but subject to the agreement of the federal Co-chair, fund more than one third ( 1/3 ) of the Eligible costs of a specific Project provided that Canada' s share of Eligible costs for all projects approved under this Agreement, at any given time, by the Management Committee does not exceed one third (1/3 ) . (c) Eligible Costs referred to in Subsection 7 . 1 (d) shall be shared equally by the Parties . 7 . 0 PAYMENT PROCEDURES 7 . 1 For the purposes of this Agreement, "Eligible Costs" include all direct costs properly and reasonably incurred and paid solely and specifically in relation to this Agreement that are: (a) invoiced against a contract for goods and services necessary for the implementation of a Project; (b) any other costs which are incurred and paid in the course of implementation of the Project that are recognized and determined as relevant by the Management Committee; and (c) the salaries and other employment benefits of any employee of Canada, the Province or the Contributor engaged solely and specifically for the purpose of implementing a Project under this Agreement which costs have been determined and approved by the Management Committee; 8 - • . (d) any other administrative costs not otherwise covered in (a) , (b) and (c) above, including those referred to in sections 9 . 1 and 10 . 1 of this Agreement, which have been determined and approved by the Management Committee; but shall not include costs which are for: (e) services or works normally provided by either Party or Contributor or any other agency of either Party or Contributor; and, (f) the costs of any lands or any interest therein. 7 . 2 Subject to this Agreement, each Party and, where applicable and at the demand of the Province , the Contributors shall be responsible for contributing to the Eligible Costs of projects implemented under this Agreement. 7 . 3 Payments by Canada shall be promptly made to the Province on the basis of progress claims setting out the costs actually incurred and paid for the Project, submitted in a form and verified in a manner satisfactory to Canada . 7 . 4 In order to assist with the interim financing of any project, Canada may make interim payments to the Province of up to one hundred percent ( 100%) of Canada' s share of claims submitted, based on estimates, certified by a senior officer of the Province, of costs actually incurred. 7 . 5 The Province shall account for each interim payment by submitting to Canada , within ninety (90) days after such payment by Canada, a detailed statement of the actual expenditures incurred and paid, verified in a manner satisfactory to Canada. Any discrepancy between the amounts paid by Canada by way of interim payments and the amounts actually paid by the Province shall be promptly adjusted between the Parties. 7 . 6 Notwithstanding anything in section 7 . 4 , the Province shall not be entitled to any interim payment in a subsequent fiscal year until all such payments& received by the Province in a previous fiscal year have been repaid or accounted for in a manner satisfactory to Canada. 7 . 7 No claim shall be paid by the Parties unless it is received on or before March 31 of the year following the Fiscal Year in which the Eligible Cost is incurred and, in all circumstances, no later than March 31, 1998 . 7 . 8 The Management Committee shall not normally consider cost overruns on projects approved under this Agreement unless, and only in exceptional circumstances: (a) the party implementing the Project informs the Management Committee immediately when it became aware that a cost overrun was probable; and, • - 9 (b) the Management Committee approved, as being justified, the inclusion of the cost overruns; and (c) funds are available to cover said costs overruns . 8 . 0 AUDIT AND INSPECTION 8 . 1 Canada and the Province shall ensure that proper and accurate accounts and records are maintained with respect to each Project undertaken pursuant to this Agreement and shall , upon reasonable notice, make such accounts and records available for inspection. 8 . 2 Accounts shall be maintained for a period of three years beyond March 31, 1996 . 8 . 3 Each of the Parties may inspect the amounts of all claims in respect of any project implemented under this Agreement and the accounts and records related thereto. Any discrepancy between the amounts paid by any of the Parties and the amount payable under this Agreement shall be promptly adjusted between the Parties. 8 . 4 Each of the Parties hereto will provide to any member of the Management Committee on request all information that would indicate that a Project hereunder has been undertaken or completed and the costs incurred with respect thereto. 9 . 0 PROGRAM EVALUATION 9 . 1 The Management Committee shalt approve a plan and budget for the evaluation of the Program of Infrastructure within six months of the signing of the Agreement. Costs associated with the evaluation shall be shared equally by the Parties . 9 . 2 The evaluation plan shall identify: responsibilities for evaluation activity and data collection; evaluation issues; and, the character and timing of data collection. 9 . 3 The Management Committee shall approve the terms of reference for the evaluation before it is undertaken. 9 . 4 The Management Committee shall submit to the Ministers an evaluation report no later than twelve months after March 31, 1996 . 9 . 5 Each Party will provide the other with all relevant information as may reasonably be required for such evaluation. - 10 - ' 10. 0 PUBLIC INFORMATION 10 1 Canada and the Province hereby agree to undertake, and where appropriate, in cooperation with any Contributor, the development and delivery of a public information Plan for the term of this Agreement which will enhance opportunities forappropriate, continuous and consistent recognition for federal-provincial co-operation activities under this Agreement. The mechanisms thereof shall be determined by the Management Committee. Costs associated with the development and delivery of the Plan shall be shared equally by the Parties. 10 . 2 No public announcement of an activity under this Agreement shall be made by a Contributor without the prior consent of the Management Committee. 10. 3 Public announcements and official ceremonies concerning measures covered and projects approved under this Agreement shall be made and organized jointly by the Parties and they each shall have an equal opportunity to participate. Costs associated with any public announcement and official ceremony by the Parties and/or Contributors shall be Eligible Costs. 10. 4 All public information material jointly approved by the Parties in relation to this Agreement shall be in both English and French and indicate that the project is being implemented pursuant to this Agreement and shall fairly reflect the contribution of the Parties and the Contributors . 10 . 5 All public information material related to calls and tenders for projects produced for or by Third parties, including project signage, receiving funding under this Agreement shall clearly and prominently indicate that such funding was provided under the terms of this Agreement and it shall be a condition of such funding that the recipient conform to this clause. 10 . 6 (a) Canada and Ontario may provide, install at the appropriate location, and maintain throughout the duration of each project, one or more signs indicating that the Project �s an Infrastructure Project undertaken under the auspices of this Agreement or bearing any other such message approved by the Management Committee; and, (b) Canada and Ontario may provide and install, upon completion of any Project, where feasible, a plaque or permanent sign bearing an appropriate inscription. - 11 - 11. 0 GENERAL 11 . 1 This Agreement may be amended from time to time on written agreement of the Federal Ministers and Provincial Ministers. It is expressly agreed and understood, however, that any amendment to Section 2 . 0 dealing with PURPOSE, to the part of Subsection 3 . 5 (a) dealing with the last approval date, to Subsections 6 . 1 (a) and 6 . 2 (a) dealing with the financial participation of Canada must be approved by the Governor in Council or must obtain any other approval that may be otherwise statutorily required. • 11 . 2 No member of the House of Commons of Canada or of the Senate of Canada or of the Legislative Assembly of Ontario shall be admitted .to any share or part of any contract, agreement or commission made pursuant to this Agreement or to any benefit arising therefrom. 11 . 3 Nothing in this Agreement is to be construed as authorizing one Party or, at the demand of the Province, any Contributor to contract for or to incur any obligation on behalf of the other or to act as agent for the other. 11 . 4 All property including patents, copyrights and other intellectual property and any revenue acquired as a result of the work performed under any approved projects shall be disposed of, licensed or otherwise dealt with as the Management Committee may from time to time determine. .1 . 5 Notwithstanding any other provision of this Agreement, all obligations of Canada incurred by virtue of this Agreement shall be subject to the Financial Administration Act. 11 . 6 (a) Any dispute between Canada and Ontario hereto or any question of law or fact arising out of • this Agreement shall be submitted to and determined by the Federal Court of Canada pursuant to the Federal Court Act of Canada . (b) Any disputa arising from contracts entered into pursuant to Section 5. 1 of this Agreement shall be submitted to and determined by the court having jurisdiction and governing said contracts. rte► • - 12 - . . IN WITNESS WHEREOF this Agreement has been executed on behalf of Canada by the Minister of Infrastructure and the Minister of Industry, Science and Technology and on behalf of the Province of Ontario by the Minister of Economic Development and Trade and the Minister of Municipal Affairs. In the presence of GOVERNMENT OF CANADA Witness President of Treasury Board in his capacity as Minister responsible for Infrastructure Wtness Minister of Industry, Science and Technology GOVERNMENT OF PROVINCE OF ONTARIO Witness Minister of Economic Development and Trade Witness Minister of Municipal • Affairs -..-F. .. ...i........ _ . �. '�^••6..../:..-..•.•e r•••nf. 4.6244.-LiL•YA+i:.1.J.• i Village of Port Burwell Post Office Box #10 21 Pitt Street Port Burwell, Ontario N0J 1TO Resolution October 25, 1994 MOVED BY: .I ..\ ,10111 SECONDED BY: \ i '; BE IT RESOLVED, the Council of the Village of Port Burwell hereby agrees to introduce By-Law 94-36, being a by-law to authorize the signing of an agreement with the Province of Ontario 1/ UNANIMOUSLY: .I1/. A . A;Id " ocGG�IP�JP�� G P . F J. t ck Ja' The Corporation of The Village of Port Burwell PO Box 10 21 Pitt Street Port Burwell, Ontario By-Law 94-36 Being a By-Law to authorize the signing of an agreement with the Province of Ontario WHEREAS the federal and provincial governments have entered into an agreement to provide$1.2 billion to municipalities in Ontario over the next two years in support of capital projects under the "Canada-Ontario Infrastructure Works" program; AND WHEREAS individual municipalities are being required to contribute one-third of the cost of eligible projects under this shared cost program; AND WHEREAS the Corporation of the Village of Port Burwell has been given an allocation based on its proportion of population and households and has been invited to submit project proposals that reflect local priorities for approval; AND WHEREAS the Canada-Ontario Management Committee has approved the project proposals described in Schedule "A"; AND WHEREAS the Corporation of the Village of Port Burwell is required to enter into an agreement with the Province of Ontario covering such items and financial arrangements and payment provisions, eligible costs, financial reporting, audit and inspection provisions, public information requirements, the project details, including the implementation of the projects, and timelines; NOW THEREFORE the Council of the Village of Port Burwell ENACTS AS FOLLOWS: The Head of Council and the Administrator/Clerk-Treasurer are hereby authorized on behalf of the Corporation of the Village of Port Burwell to sign the agreement with the Province of Ontario set out in Schedule "B" to provide for the implementation of the approved projects. 1 I • This by-law read a first and second time this 25th day of October, 1994. / 4 _ Tho Nesbitt, Reeve Davi. R. • ree, Administrator/Clerk-Treasurer This by-law read a third time and ti ally passed this 25th day of October, 1994. Thom' esbitt, Reeve l Dad ree, Administrator/Clerk-Treasurer 1N\SP MCS laScAER Gf •c��CRV�G�` 0�,A EF FR�� '� F1' p,P•�p I oNI I(0, 2 SCHEDULE "C" 1. MUNICIPALITY: VILLAGE OF PORT BURWELL 2. PROJECT NAME: MUNICIPAL OFFICE UPGRADE 3 . PROJECT NUMBER: M4450301 4. LOCATION OF PROJECT: 21 PITT STREET 5. ELIGIBLE PROJECT COSTS: $25,000. 00 As approved and set out in the attached Project Expenditure Schedule. 6. PROJECT START DATE: 1994/09/01 7. PROJECT COMPLETION DATE: 1994/09/30 SCHEDULE 2/A NEXE 2 • PROJECT EXPENDITURE FORECAST/DEPENSES PREVUES DU PROJET (Section 2.1 through 2.11 - Guide to the Application Form)/(AArrtticcle 2.1 A 2.11 - Guide pour remplir Ie formulaire de domande) t�d..n..r/ra,.....local P.o H.-.,rte«rcio C l�;�f Jar tc-l . Yell 71/cc J -( ,r'/ — 5' 1994/95 1995/96 1996/97 • 1 Apr-Jun/ July-Sept/July-Sep/ Oct-Dec/ Jan-Mar/ Apr-Jun/ Juiy-Sept/ Oct-Dec/ Jan-#Aar/ Apr-Jun/ July-Sept/ Oct-Dec/ Jan-Marl Avr-Juin Jul-Sept Oct-Dec Jan- Mars AvrJuin Jul-Sept Oct-Dec Jan-Mars AvrJuin Jul-Sept Oct-Dec Jan-Mars 2.1 Invoiced Costs-Major Contract/CoOts factures-Contrat Important 2-1' 2.2 Other relevant contract costs/Autres coats pertinerts du contras 2.3 Salaries&Employee Benefits/Salalres et avantages socdaw des employes 2.4 Equipment/Materiel 2.5 Other Costs(specily)/Autres coats(preclser) iC l t -7C15 ry , 2.6 Total Estimated Project Gross Cost/Coat brut total estlmat9 du projet 2.7 Less GST Rebates/Molns remboursements de la TPS 2.8 Total Estimated Project Net Cost/Coot net total estknatt du projet .2-153 �� _ Proposed Method of Flnarlc ng/Method.de An.n c MP"' • Total Funding$filPINICIPRITII fQta $ 2.9 Canada Ontario Infrastructure Works Capital(Federal and Provincial Shares)/ Recesses en capital- Programme sur les travaux d'YMrastructure Canada-Ontario(Parts federate et provincWe) ' J1 11lo 2.10 Local Partner's Own Resources/Fonds proprec du partenalre local i.-f .3L- I,/ 2.11 Private Sector Contributions(Attach Business Case)/Contributions du secteur prtve(Priers de)okdre to rapport d'affalres) 70T/LL,/TOTAL _ - e SCX1rt 7 • PROVINCIAL-MUNICIPAL INFRASTRUCTURE AGREEMENT THIS AGREEMENT made this 11`h day of October, 1994 . BETWEEN: HER MAJESTY THE QUEEN, in right of the Province of Ontario as represented by the Minister of Municipal Affairs, referred to below as the "Province" , AND : THE CORPORATION OF THE VILLAGE OF PORT BURWELL referred to below as the "Municipality" , WHEREAS on January 24 , 1994 , the Province and Canada entered into the Canada-Ontario Infrastructure Program Agreement, which is appended to this Agreement as Schedule "A" ; AND WHEREAS Canada and the Province are committed to the renewal and enhancement of Canada' s physical infrastructure; AND WHEREAS it is agreed that Canada and the Province should invest in the renewal and enhancement of infrastructure at the local community level ; - 2 - AND WHEREAS Canada and the Province agree that sound investments in infrastructure can promote a competitive and productive economy, generate valuable short and long-term employment and accelerate economic recovery; AND WHEREAS the Municipality is also committed to working toward this shared goal of investing to improve public infrastructure and the creation of employment; AND WHEREAS the Municipality, by By-law 614-30 ., dated )&f , 1994 and appended hereto as Schedule "B" authorizes the Mayor, Reeve, Warden or Chair and the Clerk to enter into this Agreement on behalf of the Municipality; THEREFORE the Province and the Municipality agree • as follows : 1 . definitions 1 . 1 In this Agreement: (a) "Canada" means Her Majesty the Queen in right of Canada; (b) "eligible costs" means those costs defined in section 4 . 1 of this Agreement; (c) "fiscal year" means the period commencing April 1 of any year and terminating on March 31 of the immediately following year; (d) "Management Committee" means the Management Committee established pursuant to section 3 . 1 of Schedule "A" ; - 3 - (e) "Minister" means Minister of Municipal Affairs ; ( f ) "Parties" means Canada and the Province; and (g) "Project" means a project or projects approved by the Management Committee pursuant to section 3 . 5 of Schedule "A" and as further described in Schedule "C" of this Agreement . 2 . Implementation 2 . 1 The Municipality shall implement and complete actual construction of the Project described in Schedule "C" in accordance with the terms and conditions set out in Schedule "C" and in the body of this Agreement on or before March 31 , 1997 . 2 . 2 (a) If at any time after this Agreement is entered into, the Municipality becomes aware that it is or may be in default on either the commencement date or the completion date for the Project or the projected cash flows for the Project as set out in Schedule "C" , the Municipality shall give written notice immediately to the Province, by registered mail , of the actual or possible default . (b) The notice shall contain the following information : ( 1 ) detailed reasons and justification for the actual or possible default ; and ( 2 ) the revised Schedule "C" setting out the new commencement or completion dates , and projected cash flows . (c ) The notice, upon receipt by the Province, shall be deemed to be accepted unless the Province notifies the Municipality immediately that further Management Committee approval is required in order for the Project to continue as a Project under this Agreement . 2 . 3 The Municipality is solely and fully responsible for the implementation of the Project including but not limited to, the capital costs of the Project and the acquisition of all land and interests in lands that are required for the implementation of the Project . 2 . 4 The Municipality shall be responsible for obtaining all approvals, permits and licences required by all statutes , regulations and by-laws necessary for the implementation of the Project . - 4 - 2 . 5 The Municipality shall implement the Project in compliance with the laws of the Province of Ontario, including but not limited to, labour, environmental , human rights and occupational health and safety statutes and regulations . 2 . 6 Upon completion of the implementation of the Project the Municipality shall be responsible for all on-going costs associated with the operation, maintenance and repair of the Project . 3 . Tenders 3 . 1 The Municipality shall let all contracts relating to the implementation of the Project in accordance with purchasing policies of the Municipality or as otherwise approved by the Council of the Municipality . 3 . 2 To the extent permitted by law the Municipality shall ensure that when selecting a bid or proposal for work to be done in respect of the implementation of the Project that a bid or proposal price preference of up to 10 percent on the Canadian content ( all values added in Canada) of the supplies, equipment and services will be applied when comparing bids and proposals of Fifteen Thousand ( $15 , 000 ) or more, with the exception of cement . 4 . Financial Provisions 4 . 1 For purposes of this Agreement, "eligible costs" means all direct costs properly and reasonably incurred and paid • solely and specifically in relation to this Project and for greater certainty means : (a) costs invoiced against a contract for goods and services necessary for the implementation of the Project ; • (b) any other costs which are incurred and paid in the course of implementation of the Project that are recognized and determined as relevant by the Management Committee; (c) the salaries and wages of any employee of the Municipality and other employment benefits of any employee engaged solely and specifically for the purpose of implementing the Project which costs have been determined and approved by the Management Committee, including the salaries and other employment benefits of any municipal employee in proportion to the employee' s time solely and specifically devoted to the Project ; - 5 - (d) costs related to Project signage; (e ) contributions in kind which are recorded at the lesser of fair market value or cost ; and ( f ) any other administrative costs not otherwise covered in (a) , (b) , (c) , (d) and (e) above, which have been determined and approved by the Management Committee; but shall not include costs which are for : ( g) services or works normally provided by the Municipality or an agency thereof; and ( h) the cost of any lands or any interest in land . 4 . 2 (a) The Province shall contribute an amount not exceeding one third ( 1/3 ) of the eligible costs of the Project , and on behalf of Canada, shall contribute an amount not exceeding a further one third ( 1/3 ) of the eligible costs of the Project , and the final one third ( 1/3 ) of the eligible costs of the Project shall be contributed by the Municipality. (b) If the Municipality receives grants or other funding from Canada in addition to the funding set out in this Agreement the Municipality may apply those other funds to the Project however the aggregate funding received from Canada from all sources shall not exceed one third ( 1/3 ) of the eligible costs of the Project . (c ) A Project is not eligible for funding under this Agreement if the Project receives funding from the Province under any provincial capital program. - 6 - 5 . Payment Provisions 5 . 1 The Municipality shall submit to the Province its claims for payment of the eligible costs of the Project which it has paid or which it has been billed for but has not paid . In all instances claims for payment shall be submitted on or before March 31 of the year following the fiscal year in which the cost was incurred, but no claim for payment shall be submitted after March 31 , 1998 . 5 . 2 Where the Municipality in accordance with section 5 . 1 submits a claim to the Province for payment of eligible costs for which it has been billed but has not paid, the Municipality agrees to supply the Province with proof of payment of that bill within 90 days of submitting the claim to the Province . 5 . 3 In the event that the Municipality does not file the proof of payment required by section 5 . 2 , the Province may withhold or reduce future payments to the Municipality; 5 . 4 The Province shall not be responsible for the payment of any costs incurred before January 24 , 1994 in relation to the implementation of the Project regardless of when such costs are billed to the Municipality . 5 . 5 The Municipality shall submit its claims for payment of eligible costs to the Province on claim forms which will be provided by the Province : 5 . 6 Subject to satisfactory review and approval of the claim by the Province, the Province shall pay to the Municipality the Parties ' share of the eligible costs . 5 . 7 The Municipality shall submit with its final claim for payment of eligible costs a Project Completion Report for the Project and the said Report shall be submitted on forms which will be provided by the Province . 5 . 8 In the event that the Municipality does not submit a Project Completion Report as required by section 5 . 7 , the Province shall withhold payment of the final claim. - 7 - 6 . Financial Records 6 . 1 The Municipality shall keep separate financial records for all amounts incurred, claimed, paid and received with respect to the implementation of the Project . 6 . 2 The Municipality shall retain and preserve all documents , contracts , records , claims and accounts that relate to the implementation of the Project until March 31 , 1999 . 7 . Public Information 7 . 1 The Municipality shall not make any public announcements with respect to the approved Project without the prior written consent of the Management Committee; 7 . 2 The public information described in section 10 of Schedule "A" , public announcements and official ceremonies concerning the Project shall be developed and organized by a joint federal-provincial communications committee in consultation with the Municipality . Costs associated with the public information, public announcement or official ceremony shall be shared equally by Canada and the Province . 7 . 3 ( a ) At the request of Management Committee the Municipality shall install at the appropriate location, and maintain throughout the duration of the Project, one or more signs indicating that the Project is an Infrastructure Project undertaken under the auspices of the Canada-Ontario Infrastructure Program Agreement or bearing any other such message approved by the Management Committee . (b) The cost of the signage referred to in paragraph ( a) is considered an eligible cost for the purposes of section 4 . 1 (d) of this Agreement . 7 . 4 ( a) At the request of Management Committee the Municipality shall install, upon completion of the Project , where feasible, a plaque or permanent sign bearing an inscription approved by the Management Committee . (b) The cost of the plaque or permanent sign referred to in paragraph (a) shall be shared equally by Canada and the Province. • - 8 7 . 5 All public information material related to calls and tenders for the Project, including Project signage, shall clearly and prominently indicate that funding was provided under the terms of Schedule "A" , and non-compliance by the Municipality may result in the termination of such funding . 7 . 6 ( a) All public information material approved by the Management Committee in relation to this Project shall be in both English and French . (b) Paragraph (a) does not apply to public information material related to calls and tenders for the Project unless the Municipality has passed a by-law pursuant to section 14 of the French Language Services Act R . S .O . 1990 , c . F . 32 , as amended or re-enacted from time to time . 8 . Audit and Inspection 8 . 1 Upon reasonable notice from either or both Parties the Municipality shall make available to either or both Parties , and their respective auditors , all documents , • contracts , records , claims and accounts associated with the implementation of this Project, for inspection . 8 . 2 Each of the Parties may inspect the amounts of all claims in respect of the implementation of the Project, and all documents , contracts , records and accounts , related to the claims . 8 . 3 After completion of the implementation of the Project , the Province may undertake a final accounting and audit of the actual costs and may make appropriate adjustments in accordance with the permitted eligible costs . The Municipality shall immediately refund any overpayment upon the Province' s written request regardless of when the overpayment is discovered . 8 . 4 If the Province, during its inspection of any of the documents , contracts , records, claims and accounts determines that any payment made by the Province has been used by the Municipality for any purpose other than implementation of the Project the Municipality shall , immediately upon written request from the Province, remit the amounts requested to the Province . 8 . 5 Upon written request from the Management Committee, the Municipality shall provide the Committee with any information which is available to the Municipality with respect to the Project and which the Committee requires for., any purpose . - 9 - 9 . Indemi.ification 9 . 1 The Municipality shall indemnify and save harmless the Parties , their Ministers, officers, employees and agents from and against all claims , demands , losses , costs , damages, actions , suits or other proceedings by whomsoever made, sustained, brought or prosecuted, in any manner arising from any wilful or negligent act, or attributable to anything done or omitted to be done in the implementation, operation, maintenance and repair of the Project . 9 . 2 If the Municipality enters into an agreement with a Third Party for the purpose of implementing the Project, the Municipality shall ensure that it is a term of that agreement that the Third Party shall indemnify and save harmless the Parties, their Ministers , officers , employees and agents from and against all claims , demands , losses , damages and costs of any kind based upon any injury or loss of property arising from any wilful or negligent act , omission or delay on the part of the Third Party, its directors , officers , employees or agents in carrying out the contract . 10 . Insurance 10 . 1 The Municipality shall maintain comprehensive policies of public liability and property damage insurance, insuring the Municipality for all sums which the Municipality may become obliged to pay as damages by reason of injury to persons ( including death) or damage to or destruction of property in the course of any activity carried out under this Agreement . 11 . Time is of the Essence 11 . 1 Time is of the essence in this Agreement and any dates or deadlines are to be strictly adhered to . 12 . Priority 12 . 1 In the event of conflict between the body of this Agreement and Schedule "A" , Schedule "A" shall prevail . In the event of a conflict between the body of this agreement and Schedule "C" this Agreement shall prevail . - 10 - 13 . Notice 13 . 1 Any notices , invoices , reports or communications under this Agreement shall be given by personal delivery or by regular mail, posted in Canada, delivered or addressed as follows : to the Ministry : MINISTRY OF MUNICIPAL AFFAIRS CANADA ONTARIO INFRASTRUCTURE WORKS PROGRAM OFFICE (COIW) 13TH FLOOR 777 BAY STREET TORONTO, ONTARIO M5G 2E5 to the Municipality : The Corporation of the VIIGtgr o1 Por+. urvt,ei1 .Box it) , ? t rot Sued- two r t- Bei, vveL1 Attn : .JV I4 Pree • 11 - 14 . Schedules 14 . 1 Schedules "A" , "B" and "C" of this Agreement and the provisions contained in those Schedules form part of this Agreement . 15 . Alteration or Addition 15 . 1 No change or modification to this Agreement and Schedules hereto shall be valid unless authorized in writing by both the Municipality and the Province . • 16 . Binding 16 . 1 This Agreement binds the Province and the Municipality to it and their respective successors and permitted assigns . 17 . Financial Administration Act 17 . 1 Notwithstanding any other provision in this Agreement all obligations on the part of the Province and the Municipality are subject to the Financial Administration Act R. S . O. 1990 , c . F . 12 , as amended or re-enacted from time to time . 18 . Failure to Comply 18 . 1 Where, in the opinion of the Province, the Municipality has failed to comply with any of the terms of this Agreement, the Province shall- give the Municipality written notice, by registered mail , of the Municipality ' s failure to comply . 18 . 2 If the Municipality upon receipt of the notice referred to in section 18 . 1 fails to comply with the terms of this Agreement within fourteen ( 14 ) days of receiving the notice, the Province may recommend to the Management Committee that it revoke the Project and where the • approval is revoked, the Province may recover any and all funds paid to the Municipality under this Agreement . 19 . Dispute Resolution 19 . 1 Any dispute arising out of the Agreement shall be submitted to and determined by a court having jurisdiction in the Province to hear and determine such dispute . - 12 - IN WITNESS WHEREOF this Agreement has been executed on behalf of the Province by the Minister of Municipal Affairs , and on behalf of the Municipality by the Mayor, Reeve, Warden or Chair and the Clerk. GOVERNMENT • THE PROVINCE OF ONTARIO _� 40 % / WitnessMinister of Municipal /f fairs ,t/i4V Date THE CORPORATION OF THE 1 4 4 } t ,• 4//t-flofl -4 A Witness May eeve '.rd: n Chair • (i77 - Date, 1 1 tr✓sat cit i Witness erk • r Iv SCHEDULE "C" 1. MUNICIPALITY: VILLAGE OF PORT BURWELL 2. PROJECT NAME: PUBLIC WASHROOM PROGRAM 3. PROJECT NUMBER: M4450302 4. LOCATION OF PROJECT: EAST BEACH, HAGERMAN STREET 5. ELIGIBLE PROJECT COSTS: $15, 000. 00 As approved and set out in the attached Project Expenditure Schedule. 6. PROJECT START DATE: 1994/09/01 7. PROJECT COMPLETION DATE: 1994/09/30 SCHEDULE 2/ANNEXE 2 PROJECT EXPENDITURE FORECAST)DEPENSES PREVUES DU PROJET (Section 2.1 through 2.11 - Guide to the Application Form)/(Article 2.1 2.11 - Guide pour remplir le formulaire de domande) 1.../r.n.n/rm..=led n.$. M.../N «nor 4!//Cir/E 4.4 ett-, ✓ll--r(-) s(_LF /7- 12. -)/,c C �r. ��,�c �I rt -c >> 1994/95 1995/!4 1996/97 Apr-Jun/ July-Sept/ �.� . / Oct-Dec/ Jan-Mar/ / -�/ Oct-Dec/ Apr-Jun// J � - /I Oct-Dec/ Jan-Marl AvrJui► Jul-Sept Oct-Dec Jan-Mars AvrJuh Jul-Sept Oct-Dec Jen-Mars AvrJuin Jul-Sept Oct-Dec Jan-Mars 2.1 Invo.ced Costs-Maio(Contract/CoOts factures-Contrat important I C 2.2 Other relevant contract costs/Autres cone perihelia du contrat 2.3 Salaries&Employee Benefits/Salakes et avartages salaam des employes 2.4 Equipment/Materiel 2.5 Other Costs(spectly)/Autres coils (Pry 2.6 Total Estimated Project Gross Cost/CoOt brut total setkmatl du protet 2.7 Lass GST Rebates/flops remboursements de la TPS C - 2.8 Total Estimated Protect Net Cost/CoOt net total eethtatlt du protet I c ...; :� 141"4 fN FMMunClrtp/MNtwde de 11f1enCMgMtt proposN ". ,•s� H �'� 2.9 Canada Ontario Infrastructure Works Capital(Federal and Provincial Snares)/ Readies en capital- Programme sur les travaux d'infrastructure Canada-Ortarlo(Parts federale et provincials) 1C'(C C 2.10 Local Partner's Own Resarces/Fonds propree du partenake local ,j C • 2.11 Prtvate Sector Contributions(Attach Business Case)/Contributions du secteur prtve(Priers de tohdre un rapport d'affaires) • /1OTAL 4 • SCHEDULE "C" 1. MUNICIPALITY: VILLAGE OF PORT BURWELL 2. PROJECT NAME: SIDEWALKS 3 . PROJECT NUMBER: M4450303 4 . LOCATION OF PROJECT: VARIOUS LOCATIONS IN VILLAGE 5. ELIGIBLE PROJECT COSTS: $50, 000.00 As approved and set out in the attached Project Expenditure Schedule. 6. PROJECT START DATE: 1994/08/01 7. PROJECT COMPLETION DATE: 1994/08/31 4 � r SCHEDULE 2/ANNEXE 2 PROJECT EXPENDITURE FORECAST/DEPENSES PREVUES DU PROJET (Section 2.1 through 2.11 - Guide to the Application Form)/(Article 2.1 a 2.11 - Guide pour remplir Ie formulaire de demands) 1.001 Friary snarls m1 -•a••N...rll� paid 1k �.(' �' �-f ; -l(C`(-1/ /!�� ; ,k1 , t7/ - „ c-L c.cm C;>>'7 1994/95 1995/96 1996/97 Apr-Jun/ July-SW/ Oct-Dec/ Jan-Mar/ Apr-Jun/ July-Sept/ Oct-Dec/ Jan-Marl Apr.lun/ July-Sept/ Oct-Dec/ Jan-Mar/ Avr-Juin Jul-Sept Oct-Dec Jan-Mars AvrJuin Jul-Sept Oct-Dec Jan-Mars AvrJuin Jul-Sept Oct-Dec Jan-Mars 2.1 Invoiced Costs -Major Contract/CoOts factures-Cordrat Important j.1‘/ST' 2.2 Other relevant contract costs/Autres coOts pertinent*du contra& 2.3 Salaries& Employee Benefits/Salakes et avatlages sodaux des employes 2.4 Equipment/Materiel 2.5 Other Costs(speclly)/Autres coots(prewser) , 2.6 Total Estimated Project Gross Cosi/Coot brut total estkntl du profit 2.7 Less GST Rebates/Moans remboursements de la TM 2.8 Total Estimated Project Net Cost/Coot net tctai*timed du proAet - Propoeed MMfwd d ankndnp/Mifllode M 1k en—csannt proposie • w` TatM funding$filiwincimai total$ 2.9 Canada Ontario Infrastructure Works Capital(Federal and Provincial Stoves)/ Recenes en capital- Programme sur les travaux d'Inhastruct<ure Canada-Ontario(Parts fedirsie at provIrvisie) 333p 2.10 Local Partners Own Resources/Fonds propres du partansk.local 2.11 Private Sector Contributions(Attach Business Case)/Contributions du ssctetr prim(Priers de joifdre un rapport Wallahs) '•, car-,h-. ►s TOT TAL �� u � Port Burwell BY ed Laws 1110.11.11 • • "41111111k 144, By-Laws # 94 — 37-- 94 - 54 1994 The Corporation of the Village of Port Burwell Post Office Box #10 21 Pitt Street Port Burwell, Ontario By-Law 94-37 Being a By-Law to regulate fires within the Village of Port Burwell WHEREAS Section 210 of the Municipal Act, R.S.O. 1980, c. 302, empowers the Council of a local municipality to pass by-laws with regards to he setting of fires; AND WHEREAS the Council of the Village of Port Burwell deems it in the public interest to pass such a by-law; NOW THEREFORE the Council of the Village of Port Burwell enacts as follows: 1. No person shall light or cause to be lighted a bonfire or a fire or a smudge of any kind, on any beaches, water lots, shores, headlands, public roadways, public parks or any other land under the ownership or under the control of the Village of Port Burwell without permission in writing, from the Council of the Village of Port Burwell and such permit shall designate the location and time for burning thereon. 2. No person shall burn papers, leaves, brush or other refuse in any yard within the limits of the municipality except in a properly enclosed incinerator capable of preventing fires from spreading to other properties. 3. Any person violating any of the provisions of this By-Law shall be subject to a penalty of not more than $2,000.00, exclusive of costs. 4. This by-law hereby repeals any and all other by-law related to this matter. 1 z 4 • • Read a first and second time this 8th day of November, 1994. Reeve Administrator/Clerk-Treasurer Read a third time and finally passed this 8th day of November, 1994. Reeve Administrator/Clerk-Treasurer • 2 QCT 20 '94 16: 15 TOWN OF SIMCOE P.2/E BY-LAW N0. 90-47 THE CORPORATION OF THE TOWN or SIMCOE BEING A BY-LAW TO PROVIDE REGULATIONS FOR PREVENTION OF FIRES AND OTHER FIRE MATTERS. AUTHORITY: Municipal Act, R.5.0. 1980, Chapter 302 , Section 210(2B) . WHEREAS The Municipal pct , R . S.O. 1980, Chapter 302 , Section 210(29 ) provides that 8y-Laws may be passed by Councils of local municipalities for prescribing for the whole or any part of the municipality the timeo during which fires may be set in the open air , and the prwceutions to be observed by persons setting out fires. AND WHEREAS it is deemed neceosary and desirable to make regulations for prevention or fires and otner fire matters in the Town of 5lmcos . NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE TOWN OF SIMCOE ENACTS AS FOLLOWS: 1 . INTERPRETATION (A) For the purpose or. this 6y-Law �:@kh ( i) "ACRICULTURAL AREA" means a ipwcirled part of the lands designated as Agricultural (A) in the current Zoning By-Law of the Corporation of the Town of Simcoe . ( ii ) "FIRE CHIEF" mean; the duly appointed Fire Chief or the Corporation of the Town of Simcoe's Fire Deparment. ( iii ) "OPEN AIR BURNING PERMIT" means a permit for burning in an "Agricultural Area" issued by the Fire Chief or his designate. ( iv ) "SIMCOE FIRE DEPARTMENT" Iselin! the Fire Department of the Corporation of the Town of Simcoe. 2 . INSPECTION OF PREMISES It shall be the duty of the Fire Chief or his designate of the Simcoe Fire Department to Inspect or cause to be inopected, all buildings and yards, except the interiury of private dwellings, as often as way he necessary for the purpooe of ascertaining any condttiona liable to cause fire and requiring said buildings and yards to be pur in a safe condition to guard against fire. OCT 20 '94 16:18 TOWN OF SIMCOE p.e/e BY-LAW No. 93-14 TIE CQRPORATIOR OF Tat TOWN or SiscOj BEING A BY-LAP TO AMEND TEE PENALTY SECTIONS OF 15Y-LAW NOS. 66-26, 70-25, 70-28, 71-26, 75-14, 79-26, 81-33, 82-57, 83-9, 84-36, 87-12, 87-18, 90-47, AND 91-40. AUTHORITY: Tho Provincial Offences Act, A.S.O. 1990, Chapter P. 33, Section 61. THY COUNCIL OF TEE CORPORATION or THE TOWN OF SIMCOE ENACTS AS FOLLOWS: 1. THAT the Penalty Sections as contained in each of the following By-laws be deleted in their entirety: 1. By-law Nos. 66-26, 70-25, 70-28, 71-26, 75-14, 79-26, 81-33, 82-57, 83-9, 84-36, 87-12, 87-18, 90-47, and 91-40. AND the following Section bo substituted therefore in each By-law: -Any parson who contravenes any of the provisions of this by-law is guilty of an offence and upon conviction is liable to a fine as provided for in the Provincial Offenses Act. ' 2 . $PPECTIV PTE This By-law shall come into force and take effect on the date of final passage hereof.' ENACTED AND PASSED MIS TWENTY-SECOND DAY OP FEBRUARY, 1993. First Reading: February 22, 1993ai..\-,6( Mayor Second Reading: February 22, 1993 Third Reading: February 22, 1993 Town Clerk C •E R T I F I C A T I O N _ I , Lorraine Hoinbuch, Clerk o' The Corporatign., oftht Town of Simcoe hereby certify that the foregoirt9 IS ; ,.true and compl.te copy of By-law No. 93-14 , passed by the- Council-1.ot tb0. Town of Simcoe et their regular meeting held on the 22nd day_ of February , 1993 . DATED AT THE TOWN OF SIMCOE DAY 6TH OF I H1NBl L K APRIL . 1994. A.M.C. T. , TOWN OF SIMCOE OCT 20 '94 16:16 TOWN OF SIMCOE - 6 - P•7/E • • 16. CHIMNEYS AND HEATING APPLIANCES 16. 1 Ail chimneys, smokestsckm, or similar devices for conveying smoke or hat gaso3 to the outer air and Lhe stoves , furnaces, incinerators, fire boxes or boilers to which they are cnn,,acted shall be conotrueted and maintained in such a manner as not to create a hw.c2rdous condition. 16. 2 Commercial and industrial type incinerators used for burning or rubbish or other readily combustible solid waste meterialand flue-fed incinerators shall be provided with approved spark arrestors or other effective means for arresting sparks and flying particles. 17 . PENALTY Every person who cuntcavenes any of the provisions of the By-Law is guilty of an offence and shall , upon conviction thereof, forfeit an pay a penalty not exceeding tht sum of Two Thousand Dollars (52,000.00) exclusive of costs for each offence, and the penalty shell be recoverable pursui+rct to the Provincial Offences Act . 18. SEVERABILITY Should any part of this By-Law be declared by o Court of Competent .urisdiction to be ultro vires, the remaining parts shall nevertheless remain valid seed binding and shall be read as if the offending section had been struck out. 19. CONTEXT in tnis By-Law, unless the context required otherwise, *ores importing the singular shall include the plural and words importing the masculine gentler shall include the feminine. 20. EFFECTIVE DATE This By-Law shall come into farce acid take effect on the dote of Final passage thereof. ENACTED AND PASSED THIS 10TH DAY OF SEPTEMBER, 1 i first Reading: September 10, 1990 \ Second Reeding:September 10, 1990 eyor /// Third Reading: September 10, 1990 ��.rr _ 11 �%a Clrk - 4 ERT I f I CAT I U N • I . Lorraine Heinbuch, Clerk of The Corporation of Town of Simcoe, hereby certify that the foregoing is a true and complete copy of By-laW-MO. 90-47 passed by the Council of the Town of Simcoe at their regularneetirig held un the 10th day of September , 1990. X DATED AT THE TOWN OF SIMCOE THIS 6TH DAY OF APRIL , 1994. L. ET • 1:11 N LERK TOWN OF SIMCOE OCT 20 '94 16: 17 TOWN OF SIMCOE5 _ P.6/6 • 12 . HANDLING READ'TtY COMBUSTIBLE MATERIALS No person making, using , storing or having in cha: yt, ur under his control any shavings, excelsior, rubbish, sacks , begs, litter , hay , otrbw or combustible waste materials shalt Emil ur neglect at me close of each day to cause all such material which i3 not compactly baled and stacked ;n an orderly manner r.o be remnven from the building or stored in suitable vaults or in metal or metal lined , covered receptacles or bins . 13 . FLAMMABLE DECORATIVE MATERIALS IN STORES Cotton batting , straw, dry vines, leaves , trees or other highly flammable material: oholl not be used for decorative purposes in chow windows or other parts of stores unless flame proofed; provide, however , that nothing in this section shall be meld to prohibit the c[splay of saleable grinds offered for sale . Electric light bulbs in stores shall not be decorated with paper or other combustible materials unless such materials shall first have been rendered flameproof. 141 . USE OF TORCHES, ETC. Any person using a torch Cr other flame producing device in or on a building or structure shall take precaution to prevent fire by providing one approved fire extinguisher or water hose, connected to a water supply on the premises where the device is being used. In all caeca, the person using the toren or flame producing device small remain, or haves some other person remain, on these premises one hour after the toren or flame producing device has been used . 15 . USE OF OPEN FLAME OR LIGHT RESTRICTED 15. 1 No person shall take an open flame or light into any building, or any other plaes where highly flammable, combustible , or •:plosive material is kept , unless such light or flame shall be well secured in a glass globe, wire mesh cage or similar approved device. 15. 2 No heating or lighting apparatus or equipment capable of igniting flammable materials of the types stored or handled shall be used in the storage area of any warehouse storing rags, excelsior, hair or other highly flammable or combustible material; nor in the work area of any shop or factory used for the manufacture, repair cr renovating of mattresses or bedding; nor in the work areas of any establishment used fur the upholstering of furniture. • DCT 20 '94 16: 17 TOWN OF SIMCOE P.5/8 a _ 8 . OPEN AIR BURNING PERMITS (Continued) 8 .4 Any Open Air Burning Permit may be cancelled by the Fire Chief or his designate of the Town of Simcne Fire Department . 8. 5 No person may continue to burn an open fire after s permit hes been cancelled. 8 .6 No persons ,hell burn under authority of an Open Air Burning Permit , petroleum products, plastics, rubber or anything that results in smoke, which in the opinion of the Fire Chief or his designate, is excessive. 8. 7 No person shell set a fire under authority of an Open Air Burning Permit within 153 metres ( 502 feet) of a building. 3 .8 No person small , having set a fire under authority of en Open Air Burning Permit leave the fire unattended . 8.9 No person possessing a valid Open Air Burning Permit shall burn on day; where rein, fog, or shy weather condition prevents the dispersal of smoke. 8. 10 No person possessing a valid Open Air Burning Permit shall burn in such a manner that the smoke creates, in the opinion of the Fire Chief or his designate, a nuisance or hazard for motorists. 9. DISCARDING BURNING OBOECTS No person shall throw down or drop any lighted match, cigar , cigarette or other burning substance, in cocnbubtitale material or in close proximity thereto. 10. MOT ASHES AND OTHER DANGEROUS MATERIALS No person shall depooit hot ashes, cinder,, ,mouldering coals or greasy or oily substances 'Isola to spontaneous ignition, into any wooden receptacle, or place the same within 3 metres (9.8 feet ) of any Combustible materials, except in metal or other non-combustible receptacles. Such receptacles, unless resting on s non-combustible floor or on the ground outside the building, shall be placed on iron-combustible stands, and in every case must be kept at least one metre ( 3.3 feet) sway from any combustible wall or partition nc exterior window opening . 11 . ACCUMULATIONS OF WASTE MATERIALS • Accumulations of waste paper, nay, grass, straw, weeds, litter or combustible or flammable ',este or rubbish of any kind shall not be permitted to remain upon any roof or in any courtyard, vacant lot or open apace. All weeds, grass, vines or other growth, when same Endangers property or is liable to be fired , snall be cut down end removed by the owner or occupant of tht property it Is on. , QCT 20 '94 16: 16 TOWN OF SIMCOE P.4/6 3 - 6 . DEVICES AND APPLIANCES (Continued) The Chief or his designate of the Simcoe :ire Department shall survey each commercial and industrial establishment, mercantile , educational and inctitutionol occupancy, place of assembly, hotel , motel and multi-family dwelling and shall specify suitable fire detecting devices or extinguishing appliances, which 51%311 be provided in or neer holler rooms, kitchens or restaurants, clubs and like e:,tabltshmcnts , storage rooms involving considerable combustible materials, moms in whish nayardnuc manufacturing oroceases are involved , repair garages and other places of agenerally hazardous nature. Such devices of appliances may consist of automatic fire alarm systems, automatic sprinkler or water spray systems, standpipe and hose, fixed or portable fire ,szt. inou i ...hers of a type suitable for the probable class of fire, or suitable fire blankets, manual or automatic covers or carbon dioxide or other special fire ex:ingutsning system. 7. OUTDOOR FIRES 7 . 1 No person shall light, ignite or start or allow, or cause to be lighted , ignited or started, a fire of any kind whatsoever in the open air within the limits of the Town of Simcoe; 7. 2 No person shall light, ignite or start or allow or cwuxe to be lighted , ignited or started o fire or any kind whatsoever in the open air on any public street, alley or road within the limits of the Town of Simcoe. 7. 3 Notwithstanding Section 7. 2 this By-Law shall not apply to any small , confined fires, commonly known as barbecues, which are used For cooking purposes provided they are properly constructed , supervised and boasted a distance of at least 1 . 5 metres (4.9 feet) from arty combustible material . 8. OPEN AIR BURNING PCRMITS 8 . 1 The Fire Chief or his designate mdy approve of open air burning in "Agricultural Areas" only by way of issuing a permit provided the burning complies witn the Ministry of the Environment .Open Air Burning Guidelines and guidelines issueu by the fire Chief or his designate of the Simcoe Fire Department . 8.2 Any person requesting an Open Air Burning Permit shall do so in writing to the Fire Chief or his designate of the Town of Simcoe fire Department. Any -requests shall oe accompanied by the fee for each Open Air Ourning Permit in the amount of $20.On . 8. 3 Previous to issuing •cf an Open Air Burning Permit, the fire Chief or his designate will inspect the area where the burning will take place as well as assess the size and quantity of materiel to be burned at which time the applicant for the permit will be issued guidelines as to the accepted practice. , OCT 20 '94 16: 16 TOWN OF SIMCOE P.3/6 N - 2 - 3 . AUTHORITY TO ENTER PREMISES The Fire Chief or his designate of tht Simcoe Fire Department art hereby authorized to enter at all reasonable times upon any property in order to ascertain whether trot provisions of tills By-Law are obeyed and to enrorce and carry into effect this By-Law, e . ORDERS TO ELIH1NAIE DANGEROUS OR HAZARDOUS CONDITIONS Whenever the Fire Chief or his designate of the Simcoe Fire Department shall find in any building or upon any yard dangerous or hazardous conditions or materials as follows, he shall order such dangerous conditions or materials to be removed or remedied in such manner as may be specified by the Fire Chief or nis designate of the Simcoe Fire Department. ( a) Dangerous or unlawful amounts of combustible or explosive or otherwise hazardous materials; (h) Hazardous conditions arising from defective or improperly installed eouipment for handling nr using combustible or explosive or otherwise hazardous materials; (c ) Dangerous accumulations of rubbish, waste paper , boxes , shavings or other highly flammable materials : (d) Accumulations of oust or waste materials in air conditioning or ventilating systems or of grease in kitchen or other exhaust ducts; (a) Obstructions to or en fire escapes, stairs, passageways, doors or windows, liable r.o interfere with the operations of the Fire Department or egress of occupants in case of fire; ( f) Any building or other structure which, for want of repairs , lack of sufficient fire escapes or other exit facilities, automatic or other fire al.rui apparatus or fire extinguishing equipment , or by reason of age or dilapidated conditions, or from any other cause, creates a hazardous condition. 5. SERVICE OF ORDERS Tile service of orders for the correction of violations of this By-Law shall be made upon the person who is the owner , occupant or other adult person responsible for such condition or conditions , either by delivering a copy to such person er by delivering the same to and leaving the same witfi any adult person in charge of the premises, ur in case no such person is found upon the premises, by affixing a copy thereof in a conspicuous place on the door to the entrance of the slid premises, or by mailing the same by prepaid registered mail. addressed to the person who is the uwnwr at the last known addrwss of such person. PORT 90THE CORPORATION OF THE P�Sts9� VILLAGE OF PORT BURWELL 411 -.� P. O. Box 10, Port Burwell, Ontario NOJ ITO r��zi �:�� telephone (519) 874-4343 • fax (519) 874-4948 �.i \moi PORTUS REFUGAIM Memo To: Tom Millard, Fire Chief& Sam Taylor, Deputy Fire Chief From: D. Free Re: By-Law 94-37 Date: April 19, 1995 Please find attached a copy of the above said by-law. I would request that you review this by-law and provide a formal response regarding enforcement and other matters of concern to myself by April 30, 1995. I trust that you will find the attached in order and if you should have any further questions please feel free to call. da, R. Free, CET, AMCT(A) A.ministrator/Clerk-Treasurer Encls. David R. Free, CET, AMCT(A) Administrator/Clerk-Treasurer 10-21-94 03: 33PM FROM VLGE OF PORT STANLEY F02 ``�C`��? THE CORPORATION OF t6 , u ?• , t : f , THE VILLAGE OF PORT STANLEY .` .,.__•�`�' By-Law — 2464 (To regulate fires in the village of Port Stanley ) WHEREAS Section 210 of the Municipal Act, R.S.O. 1980, c.302, empowers the Council of a local municipality to pass by-laws with regard to the setting of fires; AND WHEREAS the Council of the Corporation of the Village of Port Stanley deems it in the public interest to pass such a by-law; NOW THEREFORE the Council of the Corporation of the Village of Port Stanley enacts as follows: 1. No person shall light or cause to be lighted a bonfire, or a fire or a smudge, of any kind, on any beaches, water lots, shores, headlands, public roadways, public parks or any other land under the ownership or under the control of the Village of Port Stanley without permission in writing, from the Council of the Corporation of the Village of Port Stanley and such permit shall designate the location and time for burning thereon. 2. No person shall burn papers, brush or other refuse in any yard within the limits of the municipality except in a properly enclosed incinerator capable of preventing fires from spreading to other properties. 3. Any-- violating any of the provisions of this By-law shall be subject to a penalty of not more xclusive of costs. C1he 4'.,VJ 2‘z4 4. By-law 1006 is repealed. READ a•F1RST, a SECOND and a THIRD TIME this 31Aday of -3v.1 7 , 1989. 10-21-94 03: 33PM FROM VLGE OF PORT STANLEY P03 The Corporation of the Village of Port Stanley •-' '�� By-Law — 2624 Being a by-law to amend by-law no. 2464 . WHEREAS Council of the Corporation of the Village of Port Stanley has previ•lu2ly enacted by-law no. 2464 to regulate fires in the Village of Port :3tanley; AND WHEREAS changes in circumstances necessitate amendments to the said by-law no . 2464 , particularly with respect to penalty; NOW THEREFORE the Council of the Corporation of the Village of Port Stanley enacts as follows : 1 . Section 3 of by-law 2464 shall be amended to provide as follows: "3 . Every person who contravenes any provision of this by-law is guilty of an offence and, upon conviction thereof by a Court of competent jurisdiction pursuant to the provisions of the Provincial Offences Act , R .S .O. 1980 , c . 400 , as amended , or any successor legislation, shall be liable to a fine of not more than $2 ,000 . 00 plus Court costs as assessed and levied. " READ a FIRST, a SECOND and a THIRD TIME and PASSED in OPEN COUNCIL this 8th da3 ( f July , 1991 . r =, �C a f '—• C.��'._-'---- ,,/ Rayy1'J J. Lavereau, Reeve. r _ ' R. L/ereau, Reeve ay I`4hEX FhCCP t. _ •• . _. __ Donald N. Leitch, D sty Clerk L'CcAu.f t oily The Corporation of the Village of Port Burwell Post Office Box #10 21 Pitt Street Port Burwell, Ontario By-Law 94-38 Being a By-Law to authorize the Reeve and the Administrator/Clerk- Treasurer to enter into an agreement with Cyril J. Demeyere & Associates for engineering services for the Addison Street area WHEREAS the Council of the Corporation of the Village of Port Burwell deems it necessary to enter into an agreement with Cyril J. Demeyere&Associates for engineering services for the Addison Street area; The Council of the Village of Port Burwell hereby directs the Reeve and Administrator/Clerk- Treasurer to enter into the agreement as attached Schedule "A" by Cyril J. Demeyere &Associates. Read a first : • • second ti this 25t. day of October, 1994. / i .►:,./tel R- e Aiwrif .411 .4 • : rator/Clerk-Treasurer Read a third tim . •d finall : :s d this + . day of October, 1994. #44;71/17jv R • -41 .— •n? . strator/Clerk-Treasurer 1 . . , '•ls.:i,.i.-..S•,t01• Biu,-•:�y 4-r -•-iie '<1.REQOMKiENDED`"FORM OE• E_NT�•ETW AND ENGINEER FOR PROFESSIONAL''ENGINEERING%.SERVICES APPROVED BY THE COUNCIL OF THE ASSOCIATION OF PROFESSIONAL ENGINEERS OF ONTARIO AGREEMENT made in duplicate this 20th day of October 1134 BETWEEN: VILLAGE OF PORT BURWELL hereinafter referred to as the "Client", and CYRIL J. DEMEYERE LIMITED hereinafter referred to as the "Engineer". WHEREAS the Client has requested the Engineer to perform the services set out in Article II hereof in connec- tion with the Project (as hereinafter defined) and the Engineer has agreed to perform such services on and subject to the terms and conditions of this Agreement; NOW THEREFORE, in consideration of the mutual promises hereinafter contained,the Client and the Engi- neer agree as follows: Article I — DEFINITIONS: The terms defined in this Article I shall for all purposes of this Agreement have the meanings herein specified unless the context otherwise specifies or requires: I. "Association"shall mean the Association of Professional Engineers of the Province of Ontario; 2. "Project"shall mean: Addison Street Storm Sewer ..,.. .�. .v_:. . ,�::: • • 3. "Cost.ofahe,Wo.k"shall mean the total cost to the Client of the Project,including all materials,equip- ment,labour ind contractors'piechead and profit;_provided that: (i) if sales taxes are not included in the Cost of the Work,the percentage fee provided for herein shall be adjusted upwards to the nearest 1/10th of 1% by a factor equivalent to what the sales taxes would have been; (ii) material and equipment furnished by the Client shall be included as if purchased new, and if used material or equipment is furnished it shall be included as if purchased new; (iii) labour or other services furnished by the Client shall be included at current market prices; (iv) no deductions shall be made on account of any penalties or damages claimed by the Client from any contractor,or on account or any other sum withheld from any contractor;and (v) any fees and disbursements paid or due to the Engineer, the Client's own engineering liaison,,,c2Lts, legal costs,and land costs,shall not be included. 4. "Payroll Cost" is defined as salary plus payroll burden.Payroll burden equals fringe benefits expressed as a percentage of salary that provide for health and medical insurance, group life and disability insurance, company and Canada pension employer contributions,Workmen's Compensation and Unemployment In- surance but excludes bonuses or profit sharing.Salary per hour is defined as current annual salary divided by 1660 hours. The 1660 hours of available working time is based on a 375i hour week and is calculated by deducting 290 hours for vacation, statutory holidays, sick time and professional development time from 1950 hours (3754 hours per week x 52 weeks per year.) Example: $35,000 (salary) = $16.83 per hour 40 hrs x 52 weeks HOURLY BILLING RATE = $16.83 + 29.6% payroll burden x 1.90 = $41.44/hour 2. yltr ;' Article H - ENGINEERING SERVICES:'• • ;- • ,-•.. . The Engineer shall perform the following services in Connection with the Project: 1. ENGINEERING SERVICES Design - preparation of final designs and cost estimates, working drawings, specifications and contract documents for tendering and construction - submission of final design drawings and specifications to MTO and the Ministry of Environment and Energy for approval -::_ 2. Od-SITE SUPERVISION - full=time inspector on the site for underground work - construction layout for storm sewer, catchbasins, roadbase, curb and gutter, etc. - ensure that the work is completed in accordance with the drawings and specifications - obtain field information for modifications of contract drawings to show the work "as-built" 3. GENERAL SUPERVISION - inspection during surface work - general administration during construction, which includes job meetings, approval of payment certificates, general follow-up of construction with respect to progress and costs, and certification of contract completion - measurement of quantites for payment purposes - preparation of "as-built" drawings 3 Article III —FEES: The Client shall pay to the Engineer the following fees for the performance of the services set out in Article II hereof: Fees shall be based on PAYROLL COST PLUS 90%. Payroll cost equals hourly wage plus payroll burden. 4. Article W—EXPE, (SES:4ND,• ` � E14MENTS. 1. The Engineer stuff be reimbursed for ill expenses properly incurred by him in connection with the Project including,but not limited to, automobile mileage, reasonable travelling and living expenses,long distance telephone charges,teletype and'telegraph charges, printing and reproductions, progress photography,ad- vertising for tenders, special delivery and express charges, overtime premium payments,and the cost of providing and maintaining site offices,supplies,and equipments. 2. The Engineer shall also be reimbursed at cost plus a charge of 0 %of such cost as an administrative charge for approved special consultations such as sub-surface investigations,legal surveys and chemical and physical tests. • Article V — PAYMENT OF FEES AND EXPENSES: 1. Payment of fees and reimbursable expenses for services performed by the Engineer for which the fee is calculated on a Time Basis shall be made within 30 days after the Engineer has forwarded to the Client his statement of account,rendered monthly. 2. Payment of fees and reimbursable expenses for services performed by the Engineer for which the fee is calculated on a Percentage of Cost of the Work shall be made within 30 days after the Engineer has forwarded to the Client his statement of account. The monthly fee shall be based upon the Engineer's monthly progress estimate pro-rated on the basis of the amount of design work completed,applied against agreed estimated construction costs. If the design of any part of the Project has been completed but tenders for the work have not been called,the fee then due to the Engineer shall either be calculated on a time basis or on the Engineer's estimates of the Cost of the Work,at the option of the Engineer. If subse- quently tenders are called and received, or the Cost of the Work is ascertained within one year of the completion of the design,then the Engineer's fee shall be adjusted accordingly. 3. Overdue accounts are subject to carrying charges at a rate of 1.0 %per month. Article VI — GENERAL TERMS AND CONDITIONS: 1. Co-operation (a) The Client shall give due consideration to all designs,drawings,plans,specifications,reports,tenders, proposals, and other information provided by the Engineer,and shall make any decisions which he is required to make in connection therewith within a reasonable time so as not to delay the work of the Engineer. (b) The Client shall, at the request of the Engineer,provide the Engineer with the following information and documents relating thereto, except insofar as the Engineer is expressly required to furnish the same under the terms hereof: (i) all pertinent information which may affect the work to be done,including a correct survey of the site and existing facilities and utilities; (ii) accurate information;plans,and specifications regarding any other existing or proposed buildings or works which are involved, and insofar as such information is not available,the cost of obtain- ing the same shall be borne by the Client; (iii) copies of all bids and contracts for the work for which the Engineer is responsible and copies of all quotations, certificates for payment, and final accounts in connection with work insofar as they do not originate in the Engineer's office. 2. Plans,Specifications and Designs Any and all plans, specifications, drawings and designs furnished by the Engineer will be prepared on the assumption that all information supplied by the Client or on behalf of the Client by any person or persons other than the Engineer is correct,and the Engineer shall not be liable for any loss or damage arising from any inaccuracy in such information.The Client shall immediately notify the Engineer of any discrepancies or inaccuracies in such information as they become apparent.The Engineer shall be entitled to make any necessary change or changes in his plans,specifications,drawings,or designs at the Client's expense if any such information should be erroneous or inaccurate. 3. Compensation for Extra Work and Changes If it shall become necessary for the Engineer to make any changes in any designs, drawings, plans or specifications flr any part of the Project for reasons over which he has no control,or if the-Engineer is put to any extra work, cost or expense by reason of any act or matter over which he has no control,the Client shall pay to the Engineer a fee for such changes or extra work calculated on a time basis;provided that prior to the commencement of such changes or extra work the Engineer shall notify the Client in writing of his intentions to make such changes or to carry out such extra work and that the Engineer shall keep separate costs records in respect to such changes or extra work. 4. Fee for Additional and Special Services The fee for Additional and Special Services provided by the Engineer,if any,shall be calculated on a time basis unless specifically provided for in the percentage fee for other services provided for herein. (Addi- tional and Special Services, if any, and the corresponding fees payable, shall be clearly itemized-under Article II and III respectively,heretofore). 5. Abandonment or Suspension (a) If the Project or any part thereof is abandoned at any stage prior to completion of the design,or if any stage of the Engineer's work is unduly delayed for reasons beyond his control, the Client shall pay to the Engineer a fee for his services from the inception of the work calculated on a time basis. (b) If the Project or any part thereof is abandoned at any stage subsequent to the completion of the design, or if any stage of the Engineer's work is unduly delayed for reasons beyond his control,the Client shall pay to the Engineer the fee for his services from inception of the work to the completion of design as provided in this Agreement, and shall pay to the Engineer a fee for his services subse- quent to the completion of design calculated on a time basis. 6. Ownership of Documents All plans, drawings, specifications, designs, construction data, and documents prepared by the Engineer shall be and remain the property of the Engineer. The Client shall be entitled to a copy of such documents for record purposes only,and shall not use or permit the use thereof for the construction of any other project without the consent of the Engineer. 7. Constructional Emergencies r+/1 In the event of any constructional emergency which in the opinion of the Engineer requires immediate action in the Client's interests, the Engineer shall have authority to issue such orders and to take such steps on behalf,and at the expense,of the Client as he shall deem necessary or expedient. 8. Confidential Data The Engineer shall not divulge any confidential information communicated to or acquired by him in the course of carrying out the engineering services provided for herein. No such information shall be used by the Engineer on any other project without the approval of the Client. 9. Arbitration (a) All matters in difference between the parties hereto in relation to this Agreement shall be referred to arbitration. (b) No person shall be appointed to act as arbitrator who is in any way interested, financially or other- wise, in the conduct of the work on the Project or in the business or other affairs of either the Client or the Engineer. (c) The award of the arbitrator shall be final and binding upon the parties. (d) the provisions of The Arbitrations Act, R.S.O., 1970,Chapter 25,shall apply to the arbitration. Article VII — SUCCESSORS AND ASSIGNMENT 1. This Agreement shall enure to the benefit of, and be binding upon, the parties hereto, and except as hereinafter otherwise provided,the executors,administrators,successors and assigns. 2. If the Engineer is an individual and dies before his services hereunder have been completed, this Agree- ment shall automatically terminate as of the date of his death and the Client shall pay for the services rendered and disbursements made to the date of such termination. 6. 3. If the Engineer is an individual and is unable to satisfactorily perform his services hereunder due to physi- cal or mental incapacity for a period of 15 consecutive days or for the aggregate of 20 days in any 2 month period the Client may terminate this Agreement on 48 hours notice to the Engineer and shall pay for the services rendered and disbursements made to the date of such termination. 4. If a party to this Agreement who is an individual should desire to bring in a partner or partners, or if a party which is a partnership should desire to bring in a new partner or partners to share the benefit and burden of this Agreement,he or it may do so but shall promptly notify the other party of such action. S. Except as aforesaid neither party shall assign this Agreement without the consent in writing of the other. IN WITNESS WHEREOF the parties hereto have executed this Agreement n the dat• list a•eve ppearing. z /14 Vi /, , /#Ir Cl' nt VI AGE OF PORT BURWELL Engineer / 2LL`r J`'`. CYROf. DEMEYE LIMITED The Corporation of the Village of Port Burwell Post Office Box #10 21 Pitt Street • Port Burwell, Ontario By-Law 94-39 Being a By-Law to authorize the Reeve and the Administrator/Clerk-Treasurer to enter into a Community Policing Agreement with the Ontario Provincial Police to provide a Police Constable to work within the community. WHEREAS the Council of the Village of Port Burwell deems it necessary to enter into a Community Policing Agreement with the Ontario Provincial Police to provide a Police Constable to work within the community. THEREFORE THE COUNCIL OF THE VILLAGE OF PORT BURWELL ENACTS AS FOLLOWS. 1. THAT the Reeve and Administrator/Clerk-Treasurer be and are hereby authorized to execute an Agreement with the Ontario Provincial Police to provide a Police Constable to work within the community. 2. THAT the said Agreement is attached hereto as Schedule'A'and forms a part of this by-law. 3. THAT this by-law shall come into full effect upon final passing. I Read a first nd second time this 5th day of October, 1994. • R- e Admi strator/Clerk-Treasurer Read a third time and fi. y passed t •. 25th day of October, 1994. (/ R- e A f liT rator/Clerk-Treasurer 2 • COMMUNITY POLICING AGREEMENT Agreement Between VILLAGE OF PORT BURNELL AND • Ontario Provincial Police Agreement Period From (Tentative Dates) : December 1, 1994 to November 30, 1995 REQUIREMENTS Community To Provide: ( 1 ) office facilities for the catalyst and any other police officer who requires same to work from. These facilities must be suitable to the officer and must include washroom facilities. ( 2) a telephone for the office. (3) telephone answering machine which meets the requirements of the program. (4) maintenance and upkeep of office, i .e. cleaning, etc. NOTE: All costs such as heat, taxes, rent, etc, are the responsibility of the Community. POLICE To Provide: (1 ) a Police Constable to work within the community (a) FULL TIME The same officer will be assigned to this Program where possible for the duration of this agreement. The cata- lyst will work all his/her shifts in the community with the exception of meetings, court or emergency situations, training, and officer safety requirements. Cont'd. 1 " 2 ( 2) LONG DISTANCE CALLS - All long distance calls made from this office are the responsibility of the Detachment. Cost for long distance calls should be billed to the Detachment. ( 3 ) ANNUAL POLICE REPORT - Detachment Commander will provide council with an in-depth report on the police service provided to the Community during the agreement period. AUTHORIZATION / . AXOZ4h--/‘Ze Mayor •e; - Detachm t Comman er Ito AdiP7 i'rator/C l erk-Treasurer �� 2r/9c/ Da . THE CORPORATION OF THE VILLAGE OF PORT BURWELL Post Office Box #10 21 Pitt Street Port Burwell, Ontario NOJ 1T0 BY-LAW 94-40 Being a By-Law respecting a condition of development or redevelopment. WHEREAS Section 53 (2) and 51 (5) of the Planning Act RSO 1990 c.P. 13 permits for conditions to be imposed; AND WHEREAS By-Law 91-03 and By-Law 90-23 of the Corporation of the Village of Port Burwell permit for dedication of parkland to the municipality. The Council of the Corporation of the Village of Port Burwell enacts as follows: 1. "Redevelopment" means the removal of buildings or structures from land and the construction or erection of other buildings or structures thereon. 2. Subject to Section 3, no person shall develop or redevelop land for residential purposes unless and until the owner of the land has: a) conveyed to the Corporation five (5) percent of the land proposed for development or redevelopment for park purposes or other purposes, or , b) paid to the Corporation to the value of five (5) percent of the land proposed for development or redevelopment for park purposes or their purposes. 3. The Corporation shall at its discretion require either the conveyance of the land or the payment of the money, as referred to in Section 2 hereof. 4. If the Corporation requires the conveyance of land as referred to in paragraph (a) of Section 2 hereof, the Corporation shall at its discretion determine the location of the sold land. 1 5. The owner shall convey or agree to convey the land or pay the money referred to in Section 2 of the Corporation prior to the issuance of the building permit for the said development or redevelopment. 6. This by-law is not applicable to land that is within a plan of subdivision approved under Section 33 of The Planning Act if land in the plan was conveyed to the Corporation for park or public purposes of a payment in lieu of such conveyance was accepted by the Corporation. Given under the corporate seal of the Corporation of the Village of Port Burwell this 13th day of December, 1994. Read a first and second time this 10th da of January , 1995. .4e0 A _ - ..I'./ .1.•v R-- I`� A./ tor/Clerlz-Treasurer Read a third time and finally .assed this 10th day of January , 1995. L40/ , :' Atilt Reeve d. Air A. ...strator/Clerk-Treasurer • 2 Village of Port Burwell Post Office Box #10 21 Pitt Street Port Burwell, Ontario NOJ 1T0 Resolution November 8, 1994 MOVED BY: Cindy Allin SECONDED BY: Edwin Epple BE IT RESOLVED, the Council of the Village of Port Burwell hereby agrees to introduce By-Law 94-40, being a by-law respecting a condition of development or redevelopment. UNANIMOUSLY: Reeve Tom Nesbitt THE CORPORATION OF THE VILLAGE OF PORT BURWELL Post Office Box #10 21 Pitt Street Port Burwell, Ontario N0J 1TO BY-LAW 94-40 Being a By-Law respecting a condition of development or redevelopment. WHEREAS Section 53 (2) and 51 (5) of the Planning Act RSO 1990 c.P. 13 permits for conditions to be imposed; AND WHEREAS By-Law 91-03 and By-Law 90-23 of the Corporation of the Village of Port Burwell permit for dedication of parlzland to the municipality. The Council of the Corporation of the Village of Port Burwell enacts as follows: 1. "Redevelopment" means the removal of buildings or structures from land and the construction or erection of other buildings or structures thereon. 2. Subject to Section 3, no person shall develop or redevelop land for residential purposes unless and until the owner of the land has: a) conveyed to the Corporation five (5) percent of the land proposed for development or redevelopment for park purposes or other purposes, or , b) paid to the Corporation to the value of five (5) percent of the land proposed for development or redevelopment for park purposes or their purposes. 3. The Corporation shall at its discretion require either the conveyance of the land or the payment of the money, as referred to in Section 2 hereof. 4. If the Corporation requires the conveyance of land as referred to in paragraph (a) of Section 2 hereof, the Corporation shall at its discretion determine the location of the sold land. 1 5. The owner shall convey or agree to convey the land or pay the money referred to in Section 2 of the Corporation prior to the issuance of the building permit for the said development or redevelopment. 6. This by-law is not applicable to land that is within a plan of subdivision approved under Section 33 of The Planning Act if land in the plan was conveyed to the Corporation for park or public purposes of a payment in lieu of such conveyance was accepted by the Corporation. Given under the corporate seal of the Corporation of the Village of Port Burwell this 13th day of December, 1994. Read a first and econd time this 10th da of January , 1995. h I� _ _is A9' R-- e ,.` • imp A. • • strator/Clerk-Treasurer Read a third time and finally .assed this 10th day of January , 1995. /, A . / ..../ 4,4% Reeve - • .A.strator/Clerk-Treasurer 2 Village of Port Burwell Post Office Box #10 21 Pitt Street Port Burwell, Ontario NOJ 1T0 Resolution November 8, 1994 MOVED BY: Cindy Allis. SECONDED BY: Edwin Epple BE IT RESOLVED, the Council of the Village of Port Burwell hereby agrees to introduce By-Law 94-40, being a by-law respecting a condition of development or redevelopment. UNANIMOUSLY: Reeve Tom Nesbitt of PORT 8 THE CORPORATION OF THE vPS)StS9�iVILLAGE OF PORT BURWELL 0_5 P. O. Box 10, Port Burwell, Ontario NOJ ITO "� �� i telephone (519) 874-4343 • fax (519) 874-4948 akz, , =Aft% h =� Memo PORTUS REFUGWM To: Council From: D. Free Re: Severances Date: October 31, 1994 Pursuant to the Planning Act, Sections 53 and 51, it is permissible with regards to all Severance Applications and Subdivisions that dedication for park land may be given to the municipality, or this may be provided in the terms of cash in lieu of park land for residential developments. The recent application by Mr. &Mrs. Guest was completed with the provision that a 5%cash in lieu of park land will be provided to the municipality. These monies would be put into a trust account whereby the municipality can spend these monies on parks and recreation endeavors specifically for lands and assets. In reference to the previously said severance application a resolution passed November 3, 1994 revoked this specific item and future severance applications considering provisions within our Zoning By-Law and Official Plan. I would suggest that there also be discussion amongst Council with regards to these matters in order to impose the attached by-law 94-40. In order that Council does not perceive that this is gouging the public, this type of provision is provided for in Port Stanley, West Lorne, Bayham Township, Aylmer and Belmont (there are others municipalities not listed) These monies are collected and placed in a Trust Account and spent on recreation matters. Please review the attached at your earliest possible convenience which includes legislation and other information accordingly. I request that the attached by-law he considered at your earliest possible convenience. }tea �i• C, ree ncls. David R. Free, CET, AMCT(A) • Administrator/Clerk-Treasurer PART VI SUBDIVISION OF LAND S. 51 the highways in the proposed subdivision with the established highway system in the vicinity and the adequacy thereof; (f) the dimensions and shape of the lots; Annotation: In Hall v. Grey(County)Planning Approval Committee(1990), 24 0.M.B.R. 296 (O.M.B.),a severance was denied where the severance would have created an irregular- shaped parcel that could have been avoided by a different design. (g) the restrictions or proposed restrictions, if any, on the land, buildings and structures proposed to be erected thereon and the restrictions,if any,on adjoining lands; Annotation: A Minister's order,not yet filed.concerning the parkway belt is a"proposed restric- tion"and should be regarded in considering a draft plan of subdivision:Focus Devel- opments Ltd. v. Oakville(Town)(1974),3 0.M.B.R. 169(O.M.B.). (h) conservation of natural resources and flood control; (i) the adequacy of utilities and municipal services; (j) the adequacy of school sites; (k) the area of land,if any,within the subdivision that,exclusive of highways, is to be conveyed or dedicated for public purposes; and (1) the physical layout of the plan having regard to energy conser- vation. Annotation: An application for a condominium for farmland,an agrominium that would move 500 to 600 people into a community with an existing population of 4055,was dismissed because of the impact on the community: Devon Downs Developments Ltd. v. West Gwillimbury(1977),9 M.P.L.R.27(O.M.B.). Dedication of land for park and highway purposes (5) The Minister may impose such conditions to the approval of a plan of subdivision as in the Minister's opinion are reasonable,having regard to the nature of the development proposed for the subdivision and, in particular,but without restricting in any way whatsoever the generality of the foregoing,the Minister may impose as a condition, (a) that land to an amount to be determined by the Minister but not exceeding in the case of a subdivision proposed for commercial or industrial purposes, 2 per cent and in ail other cases 5 per cent of the land included is the plan shall be conveyed to the local municipality for park or other public recreational purposes or,if the land is not in a municipality,shall be dedicated for park or other public recreational purposes; (b) that such highways shall be dedicated as the Minister considers necessary; (c) when the subdivision abuts on an existing highway that sufficient land,other than land occupied by buildings or structures,shall ONTARIO PLANNING PRACTICE PA 51-3 September 1994 S. 51 PLANNING ACT be dedicated to provide for the widening of the highway to such width as the Minister considers necessary;and (d) that the owner of the land enter into one or more agreements with a municipality,or where the land is not in a municipality, with the Minister,dealing with such matters as the Minister may consider necessary, including the provision of municipal ser- vices. Annotation: Note:Any of the following case law which deals with lot levies should now be read in light of the Development Charges Act.Sec Chapter I I,infra,in particular,s.44(1), which states: 44. (1) A by-law or resolution providing for the payment of charges related to development that is in effect on the 23rd day of November, 1989 shall remain in effect until the earliest of, (a) the repeal of the by-law or resolution; (b) the coming into force of a by-law under section 3;or (c) the 23rd day of November, 1991. The discretion provided by this section,although wide,must be exercised judicially and it is not a judicial exercise of discretion to impose upon the applicant as a condition of the giving of approval,an obligation which is not authorized by the Act:Etobicoke Bd. of Education v. Highbury Developments lid. (1958), 12 D.L.R.(2d) 145, (1958) S.C.R. 196. Notwithstanding the broad wording of the statute,the conditions must be relevant, and fairly and reasonably relate to the matters set out in the Act or to the consequences of the development: Re Mills and York(Regional Municipality)Land Division Com- mittee(1975),9 O.R.(2d)349,60 D.L.R.(3d)405 (Div.Ct.);Re Hay and Burlington (City)(1981), 38 O.R.(2d)476, 16 M.P.L.R.292(C.A.),revg 31 O.R.(2d)467, 119 D.L.R.(3d) 160(Div.Ct.). In Mod-Aire Homes Ltd. v. Bradford(Town) (1989), 23 O.M.B.R. 263 (O.M.B.), leave to appeal to Div.Ct.refused 72 O.R.(2d)683,the Board stated that,by replacing the word"advisable"with the word"reasonable,"the legislature had rendered obso- lete the pre-1983 jurisprudence on the appropriate test to determine whether levies could be imposed as a condition of subdivision approval. The general principle of reasonableness, which includes the principle that levies must be for growth-related projects or the consequences of the subdivision,should now govern. The power to impose conditions must be exercised within the perspective within which the authorizing statute is intended to operate and in pursuance of the objects and policy of that statute:Village Shopping Plaza(Waterdown)Ltd.v.Hamilton-Wentworth (Regional Municipality)(1981),34 O.R.(2d)311, 16 M.P.L.R. 139(Div.Ct.). The conditions must relate to matters relative to the subdivision of lands and not the municipality's problems at large:Re Pinetree Dev.Co.and Minister of Housing(1976), 14 O.R.(2d)687, I M.P.L.R.277(Div.Ct.);Re Steel Co. of Canada and Nanticoke (City)(1977),6 O.M.B.R.278(O.M.B.);Re Glenworth Homes Lid.(1978),9 M.P.L.R. 1 (O.M.B.); Farnsworth v. Leeds and Grenville (United Counties) Land Division Committee(1983), 14 O.M.B.R.497(O.M.B.). The authority of the Mills case,supra,has been applied to strike down conditions or terms of subdivision agreements that were unfair or unreasonable: see: Re Frey and Peel Land Division Committee(1977),2 M.P.L.R. 52(Ont. Div.Ct.);Re Anglo York Industrial Ltd(1978),3 M.P.L.R.313(O.M.B.);Re Steel Co.of Canada and Nanticoke PA 51-4 PART VI SUBDIVISION OF LAND S. 53 Consent 53. (1) An owner of land or the owner's agent duly authorized in writ- ing may apply for a consent as defined in subsection 50(1)and the council or the Minister, as the case may be, may, subject to subsections (1.1) to (22)of this section,give a consent if satisfied that a plan of subdivision of the land is not necessary for the proper and orderly development of the municipality. 1993,c.26,s.60(1). Annotation: Owner includes a purchaser under a pending agreement for the sale of lands: Re Edgeley Farms Lid and Uniyork Invis. Ltd., [1970) 3 O.R. 131, 12 D.L.R. (3d) 459 (C.A.).See also Re Ontario Line Construction Ltd.and Halton(Regional Municipality) Land Division Committee(1980), 10 M.P.L.R. 177(O.M.B.). ,• • A person with an option to purchase has a sufficient interest in the land to qualify as an owner:Mike's Food Store(Hearst)Ltd.v.480346 Ontario Ltd.(1984), 15 O.M.B.R. 122 (O.M.B.): AAF-Ltd. and Etobicoke (Borough) Committee of Adjustment (Re) (1976), 13 O.R.(2d)666(H.CJ.) A mortgagee exercising a power of sale may be considered an owner notwithstanding that the registered owner is still in possession: Kehoe v. Bank of Montreal(1987), 19 O.M.B.R. 106(O.M.B.). On an application for a severance, the Committee must, as a first step, consider whether a plan of subdivision is necessary for the orderly development of the munici- pality:Minister of Municipal Affairs v. Des Roches(1973), I O.M.B.R.93(O.M.B.): Minister of Municipal Affairs v.Delkap Estates Ltd.(1973), I O.M.B.R.438(O.M.B.). A land division committee may refuse a severance of previously separate parcels that come to be owned by a single owner where the severance would not conform with the zoning by-law or official plan:Re Ontario Hydro and Bruce(County)Land Division Committee(1979), 10 O.M.B.223(O.M.B.). Information (1.1) The applicant shall provide the Minister or the council,as the case may be,with such information or material as the Minister or council may require including any information or material that may be prescribed in respect of applications to the Minister or to the council.1993,c.26,s.60(2). Rules to be complied with and matters to be regarded (2) A council in dealing with applications for consent shall comply with such rules of procedure as are prescribed and a council or the Minister, as the case may be,in determining whether a consent is to be given shall have regard to the matters that are to be had regard to under subsection 51(4)and bas the same powers with respect to a consent as the Minister has with respect to asval of a plan of subdivision under subsection 5'1(5),and subsections 51(6),(7),(8),(9),(10)and(12)apply with necessary modifications. Annotation: A land division committee has no power to amend,vary or waive a condition to a severance.Once imposed,a condition is final and cannot be varied other than by appeal ONTARIO PLANNING PRACTICE PA 53-1 March 1994 S. 53 PLANNING ACT is sought:MacMillan v. Prescott and Russell(United Counties)Land Division Com- mittee(1953),28 O.M.B.R. 141 (O.M.B.). Reference: See alsn cases under ss.51(5),(17)and 53(17). Conveyance of land for park purposes (3) Where,on the giving of a consent,land is required to be conveyed to a mu • ' . - blic recreational purposes and the coma - payment of money to the valise of 10111 bid °fico aT•. •� • or the purpose of determining the of the -'"moi . AA be determined as of the Conferring with agencies,etc. (4) A council, in determining whether a consent is to be given, shall confer with such agencies or persons as are prescribed. Notice of decision (5) Where a decision is made by a council to give a consent, written notice of the decision, setting out the conditions, if any, imposed to the giving of the consent,shall be sent,not later than ten days from the making of the decision,to the applicant,to every agency or person conferred with under subsection (4) that in writing requested to be given notice of the decision,to any other person who in writing requested to be given notice of the decision and to the Minister,if the Minister has notified the council by registered mail that he or she wishes to receive a copy of all decisions made to give a consent. Idem (6) Where a decision is made by a council to refuse to give a consent, written notice of the decision shall be sent not later than ten days from the making of the decision to the applicant and to the agencies and persons mentioned in subsection(5),other than the Minister,together with written reasons for the decision. Annotation: • As the Act gives a committee of adjustment the jurisdiction only to give or refuse to give a consent, a decision to defer is regarded as a decision to refuse: Gorrizan v. Markham(Town)(1988),22 O.M.B.R.371 (O.M.B.). In Dandeneault v.Delaware(Village)Committee of Adjustment(1992),28 O.M.B.R. • 206(O.M.B.),the Board distinguished the Gorrizan case,supra,as involving a contin- uous deferral with no end in sight and concluded in the case before it that the committee of adjustment's decision to table or defer a severance application pending a planning review was not an appealable decision. Restriction (6.1) The authority to approve a plan of subdivision,impose a condition or enter into an agreement under this section does not include the authority PA 53-4 • Ips - COUNTY OF ELGIN LZ E_, a. 450 Sunset Drive O F St. Thomas. Ontario N5R 5V1 LAND DIVISION COMMITTEE /- ,� z Phone(519)631-1460 Fax(519)633-7661 v °N1AP�° July 14, 1994 ruLolcg:11:11 Mr. David FreeAdministrator Clerk Treasurer Village of Port Burwell -------- "" P.O. Box 10 Port Burwell, Ontario NOJ 1TO Dear Mr. Free: Attached is a summary of the number of severances considered by the Land Division Committee over the past four years for the Village of Port Burwell. If you have any questions concerning the above, please contact our office. Sincerely, §1101Dauni, Susan Galloway Secretary-Treasurer Severances Approved by the Land Division Committee from November 1, 1989 to present: November 1, 1989 to October 31, 1990 - 9 Granted November 1, 1990 to October 31, 1991 - 6 Granted - 1 Not Granted November 1, 1991 to October 31, 1992 - No Severances November 1, 1992 to October 31, 1993 - 3 Granted November 1, 1993 to present - 1 Granted Jt 3 OI'. O O�,` 1 �✓ 450 SUNSET DRIVE COUNTY OF ELGIN �""� 'Y c + =� ST. 1 HOMAS, ONTARIO N5R 5V1 LAND DIVISION COMMITTEE �. -.i �,; v ' PHONE(519)831-1480 R FAX(519)633.7881 MUNICIPAL APPRAISAL SHEET Your assistance is requested by the Elgin County Land Division Committee in answering the questions below. Should you have any questions, please call this office. Submission E145/94 Applicant BRYDON AND ELIZABETH GUEST Location LOT 38&39. REGISTERED PLAN 40. VILLAGE OF PORT BURWELL OFFICIAL PLAN 1. Is there an 0.P. in effect? Yes 1„,//No_ 2. Does the proposal conform with the O.P.?/ Yes k//No_ Land Use Designation Policies ZONING 3. Is there a By-Law in effect? Yes (//No 4. Does the proposal conform with all requirements of Yes moo_ the By-Law? Comments: 5. If not, is the Municipality prepared to amend the By-Law? Yes_ No OTHER 6. Does the Municipality foresee demand for new municipal ✓ services? Yes No 7. If so, is the Municipality prepared to provide those services? Yes No 8. Sections 53(2) and 51(5) of the Planning Act, R.S.0.1990. c.P.13, allows the Committee to impose conditions for: (a) the conveyance of 5% land to the mu9icipality for park purposes or cash in lieu of dedication (b) the dedication of highways (c) the dedication of land for highway widening (d) entering into an agreement with the municipality dealing with matters the Committee considers necessary Does the Municipality wish the Committee to impose conditions relating to the above? Please indicate. Yes No 9. Does Council recommend the application? Yes_ No 10. Does the municipality have other concerns which should be considered by by Committee? /1.‘e/c NOU 03 ' 94 16 : 11 FR MMA LONDON 519 661 1677 TO 618744948 P.01 /10 Regional Direction 495 Richmond Street 495.rue Richmond Ministry of Ministere des 7th Floor 7•dtags ci? Municipal Affaires Olxrations des o(rationc London,ON N6A SA9 London ON N6A SA9 p 519/673-1611 519/673-1611 Affairs municipales Branch rigionales Fa:!519/661-1677 Tel[copieur:519/661-1677 Toll Free' Lina erns(nil: Ontario 1-100-265-4736 1165.4736 FACSIMILE TRANSMISSION FROM: S'e-1 DATE: N o_ ( 1 TO: 1 i d ci-e_sz. Fax #: `3-?9L( Lt NUMBER OF PAGES (INCLUDING COVER PAGE) IN TRANSMISSION INSTRUCTIONS: otajk rtNij — ‘444AoltAL) teiv% i---e" NOTE: OUR NEW FAX NUMBER : (519) 661-1677 NOU 03'94 16: 11 FR MMA LONDON 519 661 1677 TO 818744948 P.02/10 • • PARKLAND DEDICATION A Guideline on Section 35b of The PlanningAct Operations Review Section Operations Branch July 1981 ..... oua\ YY)-k 441________,-, • Minister • Hon. Claude F. Bennett Deputy Minister Richard M. Dillon Executive Director Plans Administration Division C.M. Farrow • Available from: Ontario Government Bookstore 880 Bay Street Toronto. Ontario M7A 1N8 NOV 33 '94 16 : 11 FR MMA LONDON 519 661 1677 TO 818744948 P . 03/10 TABLE OF CONTENTS Section Page INTRODUCTION 1.0 BACKGROUND AND PURPOSE 1 2.0 THE USE OF SECTION 35b 3 3.0 QUALIFICATIONS FOR THE USE OF SECTION 35h 4 4.0 OFFICIAL PLAN REQUIREMENT 6 4.1 Why Official Plan Policies are Required 6 4.2 Background Information 7 4.3 Goals and Objectives 9 4.4 Official Plan Policies 10 4.5 Submission Requirements 12 5.0 USE AND SALE OF LAND 13 6.0 ACCEPTANCE OF CASH-IN-LIEU OF LAND 13 7.0 LANDS TO WHICH SECTION 35b DOES NOT APPLY 14 8.0 IMPLEMENTATION 14 9.0 ADDITIONAL INFORMATION 15 Appendix A - Section 35b of The Planning Act 16 P \ 69 )1) \rig)11 . jeA/4-a4Y 1 NOU 03 ' 94 16 : 11 FR MMA LONDON 519 661 1677 TO 61674494EP . 04/10 l S• t 6 ) V'i,' • •/ BY-LAV NuilrrER i10-7b • ,: 1` J A By-law of The Corporation of the City of Ottawa respecting a . •.je, conditlon of development or redevelopment. �� The Council of The Corporation of the City of Ottawa enacts as ■ • follows: �• • . 1. "Redevelopment" mans the removal of buildings or structures from Ott; land and the construction or erection of other buildings or structures ,,1: thereon. 2. Subject to Section 3, no person shall develop or redsvetop land for : .� ' • residential purposes unless and until the owner of the land has: ' r (a) conveyed to the Corporation flue (5) percent of the land 1i'• 3 proposed for development or redevelopment for park purposes or I `;r+iv• other purposes, or. l S?S' (b) paid to the Corporatic•1 money to the value of five (S) percent ! far 1 of the land proposed for development or redevelopment for park p .{ • purposes or other purposes. 1F i, 3. The Corporation shall et Its discretion require either the conveyance / ►r ?! of the land or the payment of the money. es referred to In Section 2 : '7=1 .fes i l'-'1'.! hereof. •• �'' F �•r� It. if the Corporation requires the conveyance of land as referred to In ,• ,„ paragraph (e) of Sectlan 2 hereof. the Corporation shall at its discretion rt`� r il-jc determine the location of the sold land. • P. 5. The •ner shall convey or agree to convey the land or pay the money ► o• � V.11...,. referred to in Section 2 eT the Corporation prior to the issuance of the n=y� building permit for the said develoo'ent or redevelopment. R''`' - Cr 6. This by-law is not applicable•-to land that Is within a plan of si- subdivision approved under Sectionplan rs )� of The Planning Act If land in the .:.' • was conveyed to the Corporation for park or public purposes or a payment In licy' lieu of such conveyance was accepted by the Corporation. ..11.rj 7. Ey-law Number 10-74 of the Corporation Is hereby repealed. 4i..-. GIVEN under the corporate seal of the City of iltta•a this 18th day ` i • • of February, 1974. ��` .?)1 r'' d A. T NASTEY d PIERRE BENOIT /.. 3'e. (Sp ) E (Sg ) fi CITY CLERK MAYOR '� ‹:7) 4C-rq.e4' '47 rz b`; • sN:Cc. 41C° 'it,' !:1:t.„-;-"'' TAT,'t;+i: ..'�',',''� ` r ► tR -- ►�'s7"'��: �^!>.-afrs�rr�+•. wn s. - ., r: - ��+' ♦ !ri� •1 Its•,a-s,I.;. stir /`. ,C(r Y•7;,--:i;:.1 +• r::y,...f.---:-',',:-.:._-:,f- ;.•;..:,,-. < •; y, r. + _r. �' ,;',� 7 1 �. •r.1 ►, ' .r��r'`�' f�� _e.^ !►1�`y. 1'I �' Y,.�..1— rF.nf'l i / .ut/t:�(rt"�'.�' J'y.'., .. ,� .��:•` ` l '!p: S• _ ,.r• 1�.. a + r.: .ems+�,. t '.f�' -Y .a y .}i 1 t.J „ .- ,.); . :f."...):... •,' -. y, i''• t ,.l.. 4;-; �R s+.'.� �•' .or., .: ,A_•l "�-. � �t 2' S��'nnn 3•J ♦CS �•v-. , ♦ 1. •�'1.•.:i. tiJ� l },�•:•_� � >, �•�s,a`f'r�� PJv •{—. , ,i •.•.t•., 'c,.:II.;01 ;r,,r, Z . . te .. .t?r.�-� ..�,.,;;:t:_ .= ,,, • i =;' , . , L1f4VZ , . �►.J r..l �� J > .an•. � r .�+J !v i7•--1-1;4F-1:1- �.. � .I,.V>r :�,. il'� '�i) J.1..µ �;' .�^;`aG.-� �� • �.. 1' ':-`�• '•'`t''�.�Ze.ri/� i,,?. . • CV4 !F:' 1 .r • + �'S.•.a i: • : t'�i eX. <,, aC .a.La.� fir... 1, y.� }: ♦,. ♦ - ��` . +�• ."••••••„74.-.A, J'' .r•.•.��it�� 1•� � .!Y Jw 1 \i_ � `J"�J�1Y ll'✓� -. �J+r�il><5 r s �_' E?•CI :,r-7:1 vtr15;"1'. " �?ST:S ,..+ (..Y. `..A..'L,. .:-; . .�)' �5.A%-:7 ,arl .fir.Yiw t 1 `•rii.Q ••1 .� .•T`'-: :st w �. 17 R.•r :f. l��t 1..�� .?!.J.��.�t•....�•.. �/..rJ... s. � .{!. i. � Zi •.•K_ ^��.. �.�1 l�i �1.`i•�','��^`r NOV 03' 94 16 : 12 FR MMA LONDON 519 661 1677 TO 616744946 P . 05/1F I PLANNING 5% parkland or cash in lieu -- a new poker game fly IV,D. (Rusty) Russell, Q.C., of the Idly firm of Russell, Waite, Christie & Miller, Orudis, Ontario.1 As a result of provisions in the Planning Act, 1983, municipalities ire re-thinking their -A/3143 strategy on taking cash in lieu of parkland. INTRODUCTION Municipalities and subdividers have had,over the years, This was the"middle of the road"approach to a cash in an ongoing poker game on the subject of 5%parkland —or lieu valuation and was used by a number of municipalities cash in licu. Generally speaking, It has been a game of and subdividers. "dealer's choice," the dealer being the ntunicipalityi2 Illustration: In previous years when the dcalcr called the 5% park- land game, the issue was the location of the park lot,and a) Total value of fully-developed the basic grading standards, if the dcalcr called the game of subdivision — 5625,000.00 "cash in lieu," it was a question of how much money wouldb) Less cost of servicing 5250,000.00 be thrown into the poker pot. c) Result: $375,000.00 Since the introduction of the new P!wnsingAet(August 1, d) 5%parkland($375,000.00) S 17,750.00 1983), municipalities arc having second thoughts about their strategy before they call the game. The 5%parkland Thirdly — 5%of the value of the "raw"land. dedication has not changed,but the"cash in lieu"game has. This valuation was the least attractive to the municipality i.ct us look at some of the old familiar guidelines we and the must favoured by the subdivider. used in the past.and then.ccuuidec ilic_ocw.options. In an attempt to illustrate these comparisons,let usassume the Illustration: following: a) 5%of raw land value — a) a 25-lot subdivision with full services(no hazard land. (5200,000.00 x 5%) S 10,000.00 no conversion area); b) assume a "raw land" cost per lot of 58,000.00; While it is true that there are O.M.B. decisions on the ''`subject 3 no dear cut rules were established for determin- c) assume a servicing cost per lot of 510,000.00; ittg values. IInce,the poker game. (.1) assume a market sale price per lot of £25,000.00. TILE NEW PLANNING ACT--SUBDIVISIONS CASH IN LIEU -- OLD PLANNING ACT SUBSECTION 50(9) • Under the old Planning Act when municipalities called Under the new Act when a municipality calls the game the game of"cash in lieu,"it was just a cast of how much! of"cash in lieu"on a subdivision plan,it does not have the Each side bluffed their hand to the limit. In general, the wild cards(valuation options)it had previously. 5%cash was determined in one of three ways: Subsection 50(9) of the Act states that the value of the First — 5%of the value of the subdivision land,after it property shall be determined: had been developed. "as of the day before the day of draft approval of the plan." Since this takes place after the installation of hard services, i.e.,roads,sewers,water,etc., the land has a very This is the "raw land"game. It is a well-known fact that high value. This obviously results in the highest value to raw land about triples in value on receiving draft approval, the municipality and is the most expensive to the subdivider. Continued on page 236 Illustration: 1. Sec Municipal world, Volume 81. April, 1981 for a previous a) Total value of fully-developed article by the author on this subject. subdivision —(S25,000.00 x 25) 5625,000.00 2. Under the old Act, R.S.O. 1980,Chapter 379,s. 36,u 8,the Minister(ur Region)could authorize a municipality to take cash in b) 4%parkland (5625,000.00 x 5%) S 31,2.50.00. Lieu and in many instances did so. Under subsection 50(8)of the new Act,the municipality has the option to take parkland or cash Secondly— 5%of the value of the subdivision land,after in lieu. 3. F:rnmitt Developments Ltd, vs. City of Brampton. 1980, it was developed and readied fur elle, hut reducing this O.M.B.R., 276 Re Sandwich South Planning Area Official Plan value by the cost of installing hard services. Amendment No. 9, 1979, 10 O.M.B.R., 229. NM) x73 ' 94 16 : 13 FR MMA LONDON 519 661 1677 TO 61874494E P . 06/ 10 .... r..,. „ ................., ki, 11111%1 llI•111x. 1.,11 „l.: .,,.,. L • vision of calculating the talus as of the day before approval. DATA PROCESSING PROFESSIONALS is the least attractive to the municipality but a breath of fresh air to the subdivider. THE NEW PLANNING ACT— f)EVELOP,+IENTS ' _ ------ StlltsfCTION 41(6) In the case of developments(not a subdivision),cash in . 'i a - .44,1 k--'-`ji :- ' , lieu is determined: "as of tho day before the day of the issuance of the building j,, ,,,[' 1 .. permit in respect of the development." r-: Since development or redevelopment involves a much J .t smaller parcel of land, rarely does the municipality take land for park purposes,but instead takes cash in lieu. The problem is, what is the value of the land on the day before For more than 15 years.Emco Limrtrd's Business Computer the application for the building permit? (Note: it says Services have been meetingthe data processing of Ontario municipalities.More than 1 20 municipalities now "land," not "lands and buildings." I am not sure of the rely on.our municipal tax billing Package.Other mni,ic iral significance of this). You have to stop and think about icrvice; available are; printing of voter notification cards. this one.4 Obviously "pre-permit"values will assume that Planning darn reports, seater hills, and an accounting the Official Plan and Zoning By-law procedures have been '""l`a" completed. This results in substantially higher land values (_oil Rill i`laclnryre than "raw land" values on subdivision applications. There R,,,it,..s C.,t„1„Ir.r Services are certain to he valuation disputes over this, and by subsection 42(1), these can be settled by the Land Compen- Eine.,Limited sation Board — which is now the Ontario Municipal Board. 1519)451-1250 NEW STRATEGYMoJernFacthties • Efficient Service • Reasonable Prices w-- As a result of this legislation, some municipalities are you not just see subdividers crass-examining municipalities changing their strategy when it comes to subdivisions. about their parkland policies? If these policies do not project a park in the subdivision area, will they argue that x: it is now more logical for them to ask for a"parkland the municipality should he taking cash in licu of parkland? dedication.” A 5%area of land,with full services surround- ing it,will indeed fetch a handsome purchase price on the So the rules of the poker game are changing. it is a case t market,if sold in future years. Some municipalities have of"wait and see" as to how the parties play their cards. An • '� even telegraphed their future intentions. They require that Easterner who walked into a western saloon was amazed to the subdivider divide the parkland area into lots and convey see a dog sitting at a table playing poker with three men. them to the municipality for parkland purposes. Obviously "Can that dog really tead cards?" ''Yeah, but he ain't • they do not intend to kccp these lots as parkland, Under much of a player."said one of the men. "Whenever he gets y subsection 50(10), the land can be sold at any time, a good hand,he wags his tail," III y for some Municipalities who have forecasted in their budgets, revenues front subdivisions, this new formula for 4. My thanks to t tI Newioll,S:niur Minna for the City of Oril:ia - cash in lieu comes at an inopportune time. There is a trend for drawin;this to my attention. in Ontario for munici• palities to build parkland cash reserves S. 314164 Ontario Limited vs.The City of Sudbury(May,1962). for the construction of community public recreational corn- 36 O.R. (2d), 592 (S.C.), Court of.appal, 43 O.R_ (2d), 225. plexes,ie., swimming pools,basketball courts and arenas. (sometimes referred to as the Futuristic Developments case). These budgets may have to be scaled down. r \ it will be interesting to watch how subdividers react to Deloitte the new strategy of municipalities who elect to take parkland Z„ in lieu of cash in anticipation of subsequently selling the Haskins-f' Sells Chartered Accountants land. Subdividers arc an ingenious lot, and they are not '► going to be enthusiastic about dedicating 5%of their most valuable land when the alternative of cash in lieu under the Practising in 34 centres from :,,, legislation is more attractive. x '. Obviously this will become an issue before the O.M.B. Victoria to Halifax Here it may have some technical difficulties(jurisdictional),5 •suva.d rnm ar.coyM.ng rums.fl mots than 63cowmr.is but this should make the exercise more interesting. Can 236 September 1984 tit MUNICIPAL WORLD 6uisnoH pue siiejjy Iedl3!unw ;o tiisluw,; • ouslup • jilt' • • IAT ��TaTun IIS Joh • 3UUUUV • u®TsT•AT• nS t 0 l 'L0' d 90617172_8 18 01 2.L91 199 61' NOON01 t1WW dd C1 : 91 PSE0 AON NOV 03 ' 94 16 : 15 FR MMA LONDON 519 661 1677 TO 818744948 P . 08/10 6. LANDS TO BE CONVEYED 6.1 Lands for Municipal Purposes, Easements etc. At no cost to the Municipality, the Owner shall grant to the Municipality free of encumbrances, the easements, one foot reserves and lands required for municipal purposes, described in Schedule 'C' hereto. The Owner agrees to provide the easements required for utilities described in Schedule 'C' hereto. 6.2 Form of Conveyances The Owner shall prepare all conveyances required, as described in Schedule 'C', in a form acceptable to the Municipal Solicitor and shall provide them to the Municipal Solicitor prior to the release of the plan by the Municipality for registration. NOU 03' 94 16 : 15 FR MMA LONDON 519 651 1677 TO 616744946 P . 09/10 SCHEDULE 'A' Description of Lands to Which This Agreement Applies SCHEDULE 'B' Draft Plan of Subdivision SCHEDULE 'C' Easements and Land Dedications Land comprising 5% of the lands within the subdivision, for park purposes Walkways , � C1/111{100•, Road Widenings , hle 14. w i One-foot Reserves Easements for the installation and maintenance of sewers and watermains Utilities Easements Land set aside for school purposes. SCHEDULE 'D' Engineering Design Criteria and Specifications This applies to residential subdivisions. For commercial and industrial subdivisions, the maximum is 2%. 03 ' 94 16 : 15 FR MMA LONDON 519 661 1677 TO 616744946 P . 10/10 BENEFIT AND BURDEN IT IS DECLARED AND AGREED that this agreement and the covenants, provisions, conditions and schedules herein shall enure to the benefit of and be binding on the respective heirs, executors, administrators, successors or assigns of each of the parties hereto. IN WITNESS WHEREOF the Corporate seals of the Owner and the Municipality are hereunto affixed under the hands of their proper signing officers in that behalf. IN WITNESS WHEREOF the mortgagee(s) has (have) hereunto set its (their) hand(s) and seal(s) duly attested to by a subscribing witness. "\* SIGNED, SEALED AND DELIVERED in the presence of 4\.11:1(621-1\jt‘; - THE OWNER 1-gj if;t, THE MORTGAGEE(S) THE CORPORATION OF THE MUNICIPALITY OF Approved & Authorized by By-law No. enacted the day of 4 A.D., 19 . 27 The Corporation of the Village of Port Burwell Post Office Box #10 21 Pitt Street • Port Burwell, Ontario By-Law 94-41 Being a By-Law to authorize the Reeve and the Administrator/Clerk-Treasurer to enter into an Agreement with Ed Matthews Carpentry for Renovations to the Municipal Offices. WHEREAS the Council of the Village of Port Burwell deems it necessary to enter into an Agreement with Ed Matthews Carpentry to provide services for the renovation of the Municipal Office. The Council of the Village of Port Burwell hereby directs the Reeve and Administrator/Clerk- Treasurer to enter into the agreement as presented by Ed Matthews Carpentry. Read a first . .d secon. ' e 's 8t, day of November, 1994. R• e • • • I • = rator/Clerk-Treasurer Read a third t... - and finally 'assed this 8th clay of November, 1994. Ir R- rator/Clerk-Treasurer • 1 AGREEMENT THIS AGREEMENT made in duplicate this 8th day of November 1994. BETWEEN ED MATTHEWS CARPENTRY of Port Burwell in the County of Elgin and Province of Ontario. Hereinafter call the "Contractor" THE PARTY OF THE FIRST PART and THE CORPORATION OF THE VILLAGE OF PORT BURWELL hereinafter called the "Municipality" THE PARTY OF THE SECOND PART WITNESSETH, that the party of the first part, for and in consideration of the payment or payments specified in the Tender for this work, hereby agrees to furnish all necessary machinery, tools, equipment, supplies, labour and other means of construction and, to the satisfaction of the Engineer,to do all the work as described hereafter, furnish all the materials except as herein otherwise specified, and to complete such works in strict accordance with the plans, specifications and Tender therefore, which are identified and acknowledged in the Schedule of Provisions, Plans, Specifications and Conditions attached to the Tender and all of which are to be read herewith and form part of this present Agreement as fully and completely to all intents and purposes as though all the stipulations hereof have been embodied herein. DESCRIPTION OF WORK Sturctural, Mechanical and Electrical Renovations to Municipal Offices IN CONSIDERATION WHEREOF, Said party of the second part agrees to pay the Contractor for all work done, the unit prices on the Tender for a fixed amount of$32,05351. This agreement shall ensure to the benefit of and the binding upon the heirs, executors, administrators and assigns of the parties hereto. IN WITNESS, WHEREOF, the Contractor and the Municipality have hereunto signed their names and set their seals on the clay first above written. /_ iia A p i.� --- Signature of Corporation Signature of Contractor or witnesses &position held Seal of the Corporation Corporation of the Village of Port Burwell Post Office Box #10, 21 Pitt Street Port Burwell ON NOJ 0 / 1 r R Seal of the Municipal Corporation Adm. rator/Cleriz-Treasurer The Corporation of the Village of Port Burwell Post Office Box #10 21 Pitt Street Port Burwell, Ontario By-Law 94-42 Being a By-Law to authorize the Reeve and the Administrator/Clerk-Treasurer to enter into an Agreement with Redfern More & Company for Audit Services for the fiscal year of 1994. WHEREAS the Corporation of the Village of Port Burwell deems it necessary to enter into an agreement with Redfern More & Company for Audit Services for the fiscal year of 1994. The Council of the Village of Port Burwell hereby directs the Reeve and the Administrator/Clerk- Treasurer to enter into the agreement as presented by Redfern More & Company. Read a first and econd ti .e this 8th d.y of November, 1994. "Ai"/ pawe Ad inistrator/Clerk-Treasurer IIs,i a oct tAye..and finally ssed his 8 day of November, 1994. y . / /r .' • •/ i/f' / - • d inistrator/Clerk-Treasurer I AGREEMENT THIS AGREEMENT made in duplicate this 8th day of November 1994. BETWEEN REDFERN MORE & COMPANY of Tillsonburg in the County of Oxford and Province of Ontario. Hereinafter call the "Contractor" THE PARTY OF THE FIRST PART and THE CORPORATION OF THE VILLAGE OF PORT BURWELL hereinafter called the "Municipality" THE PARTY OF THE SECOND PART WITNESSETH, that the party of the first part, for and in consideration of the payment or payments specified in the Tender for this work, hereby agrees to furnish all necessary equipment, supplies, labour and other means for professional audit services and, to the satisfaction of the Council of the VILLAGE OF PORT BURWELL, to do all the work as described hereafter, furnish all the materials except as herein otherwise specified, and to complete such works in strict accordance with the Request for Proposal Tender therefore, which are identified and acknowledged in the Scope and Requirements and Conditions attached to the Tender and all of which are to be read herewith and form part of this present Agreement as fully and completely to all intents and purposes as though all the stipulations hereof have been embodied herein. DESCRIPTION OF WORK Audit services for the Municipality of the Village of Port Burwell inclusive of the Recreation and Museum Boards. IN CONSIDERATION WHEREOF, Said party of the second part agrees to pay the Auditor for professional services rendered for a fixed fee in the amount of$8,453.00 inclusive of GST for 1994 fiscal year end audit with the option to commission the audit services for the 1995 fiscal year end and for$8,453.00 inclusive of GST . This agreement shall ensure to the benefit of and the binding upon the heirs, executors, administrators and assigns of the parties hereto. IN WITNESS, WHEREOF, the Contractor and the Municipality have hereunto signed their names and set their seals on the day first above written. \s. • lase. ignature of Partner in Charge Witness & position held Corporation of the Village of Port Burwell Post Office Box #10, 21 Pitt Street Port Burwell ON N0J 1T0 , 4/ / A Rev Seal of the Municipal Corporation Ad•'mistrator/Cleriz-Treasurer OF PORT 80THE CORPORATION OF THE \Ps'S,S94( VILLAGE OF PORT BURWELL P. O. Box 10,Port Burwell,Ontario NOJ ITO •i• ( telephone (519)874-4343 • fax(519)874-4948 60*=5ftl6 PORTUS REFUVO Memo Date: November 4, 1994 To: Council From: David Free Re: Audit Proposal, 1994/95 Fiscal Years Council: Please find attached a copy of the four proposals submitted in connection with the request for Audit Proposal issued by the municipality. These proposals should be reviewed to familiarize yourself with the information contained therein with the hope that a selection of an auditor can be made at the next council meeting. We have provided below a summary of pertinent information to allow for easy comparison of the proposals. Total Costs including GST Familiarity with 1994 1995 Newviews YIN 1. Redfern More & Co. $ 8,453.00 $ 8,453.00 Yes Office: Tillsonburg References: South-West Oxford Township 2. Barker Stanley & Partners $ 6,420.00 $ 6,420.00 Yes Office: Aylmer, St Thomas References: Aylmer Vienna Belmont South Dorchester Township 3. Monteith Monteith & Co. $ 7,462.10 1994 + CPI No Office: Stratford References: St Mary's Hibbert Township McKillop Township Hensell David R. Free, CET,AMCT(A) • Administrator/Clerk-Treasurer • 4. Richard A. Aylsworth $11,800.00 $11,800.00 Yes Office: St Thomas References: Yarmouth Township Port Stanley There were eleven firms invited to provide proposals per the Terms and Conditions developed by staff and approved by council. There was a 5 week period for the firms to visit the office and review the financial documentation. In each and every instance the firms were given a minimum of one hour (most interviews were two to three hours) with the Administrator/Clerk-Treasurer and the Secretary/Bookkeeper I answering questions and providing details on financial processes and activities. All firms have considerable experience and excellent qualifications in the area of municipal auditing and related services. They all comply with the requirements stipulated in the audit proposal and have provided the above noted references that we may contact should council deem it necessary. In detail review of the proposals and discussions with the various firms, it is the recommendation of staff that Barker Stanley would be the firm selected for the 1994 audit in the amount of $6,420.00 with the option to return for the fiscal year end audit for 1995 for the price of$6,420.00 fixed fee. The firm has a vast experience in local municipal accounting and experience with the Newviews software. The references (Aylmer and Vienna) speak highly of the professional approach to their work and remaining stead fast with their fees. Notwithstanding the fees that we will have agreed to per their proposal will be the lowest for the Municipality since 1985. Considering the short time frames available for regard to orientation of the firm with the "Dunlop Report" and other matters a bylaw has been presented enabling the Reeve and Administrator/Clerk-Treasurer to enter into a one year agreement with the Barker Stanely with an option to extend services for the same price for 1995 if the municipality is satisfied with their work. This has been prepared under the assumption that council will consent to staff's recommendations, however, it is council who shall make the ultimate and final decision. Should council decide to select a firm other than Barker Stanely the Bylaw and agreement would be amended in accordance with council's wishes. Should you have any questions regarding the proposals or selection process, contact myself or Suzanna. I wait for councils direction in this matter. 111- .• ree Enols. FORM 5 (Section 94(3)) DECLARATION OF AUDITOR I, Brian Budarick of Redfern, More and Company, having been appointed auditor for the municipal corporation of the Village of Port Burwell promise and declare that I will faithfully perform the duties of that office according to the best of my judgement and ability; and I do solemnly declare that I had not, directly or indirectly, any share or interest in any contract or employment with, by or on behalf of such municipal corporation during the year preceding my appointment, and that I have not any such contract or employment except that of auditor or other than for services within my professional capacity. R.S.O. 1980, c. 302, Form 5. ate Tian Budarick, Redfern, More & Company I CERTIrY THIS TO C. A TP.UE COPY *„ PPEE, CET, AMCT(A) v R. TORICLERK TREASURER D ADMINISTRA SIGH NATU" Declaration of office of members of council, etc --s. 94(1) 94. (1) Every member of a council, trustee of a police village and public utility commissioner, before entering on the duties of office, shall make and subscribe a declaration of office (Form 3) and an oath of allegiance(Form 1). Municipal officers --s. 94(2) (2) Every clerk, treasurer, collector, engineer, commissioner of industries, clerk of works and street overseer or commissioner, before entering on the duties of office, shall make and subscribe a declaration of office (Form 4), but every such person appointed to two or more municipal offices may make one declaration of office as to all of them. Auditor's declaration -- s. 94(3) (3) Every auditor, before entering upon his or her duties, shall make and subscribe a declaration (Form 5). Filing of declaration -- s. 94(4) (4) Except where otherwise provided, the person by whom the oath or declaration is made shall file it in the office of the clerk within eight days after it is made. R.S.O. 1980, c. 302, s. 96. Declaration of office-- s. 95(1) 95. (1) Every qualified person elected to any municipal office shall take the declaration of office, where he or she is elected to fill a vacancy, within ten days after his or her election, and in other cases on or before the day fixed for holding the first meeting of the body to which he or she was elected, and in default he or she shall be deemed to have resigned. Extension of time — s. 95(2) (2) Despite subsection (1), a municipal council or other body to which a person is elected to, may for such reasons as it considers appropriate, extend by thirty days the times referred to in subsection(1). The Corporation of the Village of Port Burwell Post Office Box #10 21 Pitt Street Port Burwell, Ontario By-Law 94-43 Being a By-Law to authorize the Administrator/Clerk- Treasurer to open a bank account for the Port Burwell Marine Museum Nevada Ticket Funds. WHEREAS under the Municipal Act RSO 1990 Chapter M45 Section 80 paragraph 1; The Council of the Corporation of the Village of Port Burwell enacts as follows: 1) A separate interest bearing bank account will be established for the Museum Board Nevada Ticket Funds. THEREFORE THE COUNCIL OF THE VILLAGE OF PORT BURWELL ENACTS AS FOLLOWS. Read a first a • •cond time •'is 8th day .f November, 1994. Ree Wr Ad inistrator/Clerk-Treasurer Read a third time . -d finally ssed this 8 day of November, 1994. 410 /AA/ Re, A. • inistrator/Clerk-Treasurer 1 The Corporation of the Village of Port Burwell Post Office Box #10 21 Pitt Street Port Burwell, Ontario By-Law 94-44 Being a By-Law to rescind all local improvement levy charges. WHEREAS the Council of the Village of Port Burwell deems it necessary to rescind all local improvement levy charges for all properties within the boundaries of the municipality prior to the date of passing of this by-law. THEREFORE THE COUNCIL OF THE VILLAGE OF PORT BURWELL ENACTS AS FOLLOWS. Read a first .. . second time this 8 day of November, 1994. / ` / A141/ i„-A1Pr R- - e Ad istrator/Cleriz-Treasurer Read a third ti . and fin. passed t 's 8th day of November, 1994. di,, , )//// R� e inistrator/Cleriz-Treasurer 1 The Corporation of the Village of Port Burwell Post Office Box #10 21 Pitt Street Port Burwell, Ontario By-Law 94-45 Being a By-Law to authorize the Administrator/Clerk- Treasurer to open a bank account for a General Reserve Fund. WHEREAS under the Municipal Act RSO 1990 Chapter M45 Section 80 paragraph 1; The Council of the Corporation of the Village of Port Burwell enacts as follows: 1) A separate interest bearing bank account will be established for a General Reserve Fund. THEREFORE THE COUNCIL OF THE VILLAGE OF PORT BURWELL ENACTS AS FOLLOWS. Read a first 1d second time 's 8 day of November, 1994. 11 Ali /1// A . .1 R. . . , ° 11 '.. -Treasurer Read a . • ime and :,ally passed/ .': 8th day of November, 1994. A , ..,n%1, f '= rator/Clerk-Treasurer 1 The Corporation of the Village of Port Burwell Post Office Box #10 21 Pitt Street Port Burwell, Ontario By-Law 94-46 Being a By-Law to authorize the Reeve and the Administrator/Clerk-Treasurer to enter into an Agreement with Drinkwater Construction for the construction of the retaining walls and landscaping of the Market Square Parkettes. WHEREAS the Council of the Village of Port Burwell deems it necessary to enter into an Agreement with Drinkwater Construction for the construction of the retaining walls and landscaping of the Market Square Parkettes. The Council of the Village of Port Burwell hereby directs the Reeve and Administrator/Clerk- Treasurer to enter into the agreement as presented by Drinkwater Construction. Read a first aotrsecond ti e th.s 22n. day of November, 1994. ` 6r-7,/(• Reeve • d,nistrator/Clerk-Treasurer Read a Chir • and final .assed this 22nd day of November, 1994. /4,14 / x/ Reu e /I ` A. dri_ator/Clerk-Treasurer 1 AGREEMENT THIS AGREEMENT made in duplicate this 22nd clay of November 1994. • BE 1WhEN DRINKWATER CONSTRUCTION of Tillsonburg in the County of Oxford and Province of Ontario. Hereinafter call the"Contractor" THE PARTY OF THE FIRST PART and THE CORPORATION OF THE VILLAGE OF PORT BURWELL hereinafter called the"Municipality" THE PARTY OF THE SECOND PART WITN E S SETH, that the party of the first part, for and in consideration of the payment or payments specified in the request for quoatation for this work, the contractor hereby agrees to furnish all necessary machinery, tools, equipment, supplies, labour and other means of construction and, to the satisfaction of the Administrator/Clerk-Treasurer, to do all the work as described hereafter, furnish all the materials except as herein otherwise specified, and to complete such works in strict accordance with the plans, and Tender therefore, which are identified and acknowledged in the Plans attached to the Tender and all of which are to be read herewith and form part of this present Agreement as fully and completely to all intents and purposes as though all the stipulations hereof have been embodied herein. DESCRIPTION OF WORK Consruction of Retaining Walls and Landscaping of Market Square Parkette IN CONSIDERATION WHEREOF, Said party of the second part agrees to pay the Contractor for all work done, the fixed price in the amount of$23,326.00. This agreement shall ensure to the benefit of the Municiapity and the binding upon the heirs, executors, administrators and assigns of the parties hereto. { IN WITNESS, WHEREOF, the Contractor and the Munici' li have hereunto signed their names and set their seals on the day first above written. 1111 Signature of Corporation / / Signature of Contractor or witnesses &position held Seal of the Corporation Corporation of the Village of Port Burwell Post Office Box #10, 21 Pitt Street Port Burwell 0 OJ 1T0 i07 .zuf / A / Reeve Seal of the Municipal Corporation A/i cum.- 4 moi4 i'i rator/Clerk-Treasurer • The Corporation of the Village of Port Burwell Post Office Box #10 21 Pitt Street Port Burwell, Ontario By-Law 94-47 Being a By-Law to demolish the building located at 25 Strachan Street and authorize the Reeve and the Administrator/Clerk-Treasurer to enter into an Agreement with Laemers Trucking Limited for Demolition and Removal of Debris for the same building. WHEREAS the under the Planning Act, RSO 1990 c. P. 13 s. 31 the Municipality is authorized to pass bylaws for prescribing property standards for the maintenance and occupancy for requiring property that does not conform with the standards to be repaired and maintained to conform with the standard, or for the site to be cleared of all buildings, structures, debris or refuse and left in graded and levelled condition, and; WHEREAS the municipality has passed bylaw 94-22 being a bylaw Prescribing the Standards for the Maintenance and Occupancy of Property, and; WHEREAS the building located at 25 Strachan Street is derelict and unsound as determined by the Chief Building Official of the Village of Port Burwell, and; WHEREAS adequate notification has been provided to the building owner to comply with orders provided in the demolition of the building, and; WHEREAS it is deemed necessary by the Council of the Village of Port Burwell to demolish the building considering lack of due diligence from the property owner to comply with the orders as delivered by the Chief Building Official of the Village of Port Burwell giving adequate notification thereof, and; WHEREAS the Council of the Village of Port Burwell deems it necessary to enter into an Agreement with Laemers Trucking Limited for demolition services and removal of the debris thereof in the amount$8,560.00 for the building located at 25 Strachan Street, and; The Council of the Village of Port Burwell hereby directs the Reeve and Administrator/Clerk- . Treasurer to enter into the agreement as attached as"Schedule A"with Laemers Trucking Limited. 1 -! The council further directs the Administrator/Clerk-Treasurer to recover the costs of the demolition expediently from the property owner as permitted by Section 31 (20 through 31) of the Planning Act and Section 326 of Municipal Act. Read a first and - •.nd time his 22nd day of November, 1994. 211 ' 1.✓... Reev= �A - 4 (_ • d4,inistrator/Clerk-Treasurer Read a third time and . ally passed is 22nd day of November, 1994. �� • :J ,1 'eeve I • d, inistrator/Clerk-Treasurer 2 LAEMERS TRUCKING LIMITED ' '�y�r GST*R102930658 • 115 Cave'iy Road AYLMER, ONTARIO N5H 2V8 (519) 773-5613 November 14 , 1994 Village of Port Burwell P.O. Box 10 Port Burwell , Ontario N0J 1TO Estimate to demolish and haul away debris from Gheysen house on Shakespeare Street . Cleanup, fill with sand and level lot . $8,000 . 00 GST 560 . 00 TOTAL $8, 560 .00 STRICKlAND BULLDOZING & ENTERPRISES LIMITED R. R. 6, Aylmer, Ontario N5H 2R5 Att. Brian Wife October 26, 1994 Price to tear down house at 25 Strachan St. Port Burwell and haul away to designated landfill site $25,973.00. ♦ GST. Fill with sand and levell $2,488.00. ♦ GST. S. 325 MUNICIPAL Aclr\, PART XIX — PENALTII 325. (I)Convictions not invalidated for want of proof of by-law=-A-senvietlon 224 or 225, the court for a contravention of any by-law shall not be quashed for want of proof of the by- use for any period not law before the convicting justice,but the court or a judge hearing the motion to quash en may dispense with such proof or may permit the by-law to be proved by affidavit (2)sectionIdem2 4 or under 224 or or in such other manner as may be considered proper. business or occupatioi (2)Requirement as to proof.—Nothing in this section relieves a prosecutor from owner or other person the duty of proving the by-law or entitles the justice to dispense with such proof. the conviction was ma • R.S.O. 80,c. 302,s. 324. the subject-matter of 326. Enforcing performance of things required to be done under by-laws.— may order that the pre • ncil has authority to direct or require by by-law or otherwise that any exceeding two years. i matter or thing be done, the council may by the same or by another by-law direct (3) Suspension of that, in default of its being done by the person directed or required to do it, such an interest in the prem matter or thing shall be done at the person's expense,and the corporation may recover (a) being satisfie( the expense incurred in doing it by action, or the same may be recovered in like in contraventil manner as municipal taxes, or the council may provide that the expense incurred (b) the posting by by it,with interest,shall be payable by such person in annual instalments not exceeding greater sum a ten years and may borrow money to cover such expense by the issue of debentures for the purpose of the corporation payable in not more than ten years. R.S.O. 1980, c. 302, s. 325; of any such by 1987,c. 10,s. 36. the Ontario Court(Get 327. Power to restrain by order when conviction entered.—Where any by-law under subsection(1)of of a municipality or of a local hoard thereof, passed under the authority of this or by the court. R.S.O. 191 any other general or special Act, is contravened and a conviction entered, in addition (4) Discharge of to any other remedy and to any penalty imposed by the by-law, the court in which discharge an order ma( the conviction has been entered, and any court of competent jurisdiction thereafter, that, may make an order prohibiting the continuation or repetition of the offence by the (a) there has been person convicted. R.S.O. 1980,c. 302,s. 326. subsequent to (2);and 328. Power to restrain by action.—Where any by-law of a municipality or of (b) the new owne a local board thereof,passed under the authority of this or any other general or special law passed urn Act, is contravened, in addition to any other remedy and to any penalty imposed by the by-law, such contravention may be restrained by action at the instance of a (5) Barring of ern ratepayer or the corporation or local board. R.S.O. 1980,c. 302,s. 327. police force responsibl municipality, shall bar 329. (I)Offence.—A by-law passed under section 224 or 225 may provide that named in the order ur every person who contravenes the by-law,and every director or officer of a corporation this section. R.S.O. 198 who concurs in such contravention by the corporation, is guilty of an offence and on conviction is liable to a fine not exceeding $25,000 or to imprisonment for a (6)nd under Forfeiture of p suspended undeerose term not exceeding one year, or to both. R.S.O. 1980, c. 302, s. 328(1); 1989,c. 72, for contravention of a b, s. 71,part. or part thereof referred (2) Corporation, maximum penalty.—Where a corporation is convicted of an may,upon application, offence under subsection (1), the maximum penalty that may be imposed on the of the proceeds and n- corporation is $50,000 and not as provided therein. R.S.O. 1980, c. 302, s. 328(2); the order be reinstated. 1989,c. 72,s. 71,pan. _ _ (7) No appeal.—N 330. (I) Order closing premises.—Where a person is convicted of carrying on (8)Service of nock or engaging in a trade, calling, business or occupation on, in or in respect of any which passed a by-law premises or part thereof without a licence required by a by-law passed under section was the basis for an , 238 S. 31 PLANNING ACT ' or, in the event of an appeal to the judge under subsection (18), as con- firmed or modified by the judge,shall be final and binding upon the owner and occupant who shall make the repair or effect the demolition within the time and in the manner specified in the order. Annotation: There is no right of appeal from the order of the judge under this section: Yorkville North Development Lid v. North York(City)(1988),64 O.R.(2d)225,48 R.P.R 225 (C.A.). An order becomes"final and binding"after the decision of the property standards committee has been sent to the owner,and the appeal period has expired without an appeal having been taken:Jefford v. Pollard(1985), 10 O.A.C.239(CA.). Power of municipality to repair or demolish (20) If the owner or occupant of property fails to demolish the property or to repair in accordance with an order as confirmed or modified, the municipality in addition to all other remedies, (a) shall have the right to demolish or repair the property accord- ingly and for this purpose with its employees and agents from time to time to enter in and upon the property;and (b) shall not be liable to compensate such owner, occupant or any other person having an interest in the property by reason of anything done by or on behalf of the municipality under this su tion. Certificate of compliance (21) Following the inspection of a property,the officer may,or on the request of the owner shall,issue to the owner a certificate of compliance if, in his or her opinion,the property is In compliance with the standards of a by-law 'be under subsection(3),and the council of a municipality may prescn a fee payable for such a certificate where it is issued at the request of the owner. Enforcement (22) A person who contravenes subection (5.1) or an owner who fails to comply with a final and binding order made under this section and,if the person or owner is a corporation, every director or officer of the corporation who knowingly concurs in the contravention or failure to comply,is guilty of an offence and on conviction is liable to a fine of not more than S2,000 for a first offence and to a fine of not more than$10,000 for any subsequent offence. 1994,c.2,s.42(4). Idem,corporation (23) Despite subsection(22),if a corporation is convicted of an offence under subsection (22),the maximum penalty that may be imposed upon the corporation is$10,000 for a first offence and $50,000 for any subse- quent offence. PA 31-6 I PART IV COMMUNITY IMPROVEMENT S. 31 Emergency order (24) Despite any other provisions of this section,if upon inspection of a property the officer is satisfied there is nonconformity with the standards prescribed in the by-law to such extent as to pose an immediate danger to the health or safety of any person the officer may make an order containing particulars of the nonconformity and requiring remedial repairs or other work to be carried out forthwith to terminate the danger. Emergency powers (25) After•making an order under subsection (24), the officer may, either before or after the order is served, take or cause to be taken any measures he or she considers necessary to terminate the danger,and for this purpose the municipality has the right, through its employees and agents,to enter in and upon the property from time to time. No compensation where reasonable exercise of powers (26) The officer, the municipality or anyone acting on behalf of the municipality is not liable to compensate the owner,occupant or any other person by reason of anything done by or on behalf of the municipality in the reasonable exercise of its powers under subsection(25). • Service of order and statement (27) Where the order was not served before measures were taken by the officer to terminate the danger, as mentioned in subsection (25), the officer shall forthwith after the measures have been taken,serve or send copies of the order,in accordance with subsections(7),(8)and (9),on or to the owner of the property and all persons mentioned in subsection (6) and each copyof the order shall have attached thereto a statement by the officer descriing the measures taken by the municipality and providing details of the amount expended in taking the measures. Separate service of statement (28) Where the order was served before the measures were taken the officer shall forthwith after the measures have been taken serve or send a copy of the statement mentioned in subsection (27), in accordance with subsections (7), (8) and (9), on or to the owner of the property and all persons mentioned in subsection (6). Application to judge (29) Forthwith after the requirements of subsection (27) or (28) have been complied with the officer shall apply to a judge of the Ontario Court (General Division)for an order confirming the order made under subsec- tion(24),and, (a) the judge shall,in writing,appoint a day,time and place for the hearing of the application and in the appointment may direct that it shall be served upon such persons and in such manner as he or she prescribes; ONTARIO PLANNING PRACTICE PA 31-7 September 1144 S. 31 PLANNING ACT (b) the appointment shall be served in the manner prescribed by the judge;and (c) the judge in disposing of the application may confirm the order or may modify or quash it and shall make a determination as to whether the amount expended by the municipality in taking the measures to terminate the danger may be recovered by the municipality in whole,in part or not at all. Disposition by judge final (30) The disposition of the application under clause(29)(c) is final and binding. Recovery of expense (31) Where a municipality demolishes or repairs property as mentioned in subsection (20)or takes measures to terminate a danger as mentioned in subsection (25) the municipality may recover the expense incurred in respect thereof by any or all of the methods provided for in'section 326 of the Municipal Act, except that such amount, if any, as is to be borne by the municipality as a result of a determination under clause (29)(c) may not be recovered. PA 31-8 "Schedule A" AGREEMENT THIS AGREEMENT made in duplicate this 22nd day of November 1994. BETWEEN LAEMERS TRUCKING LIMITED of 115 Caverly Road, Aylmer in the County of Elgin and Province of Ontario. Hereinafter call the "Contractor" THE PARTY OF THE FIRST PART and THE CORPORATION OF THE VILLAGE OF PORT BURWELL hereinafter called the "Municipality" THE PARTY OF THE SECOND PART WITNESSETH, that the party of the first part, for and in consideration of the payment specified in the Tender for this work the contractor hereby agrees to furnish all necessary machinery, tools, equipment, supplies, labour and other means for demolition and the removal of debris, to the satisfaction of the Administrator/Clerk-Treasurer, to do all the work as described hereafter, furnish all the materials except as herein otherwise specified, and to complete such works in strict accordance with the direction provided by the Chief Building Official of the Village of Port Burwell, and Tender therefore, which are identified and acknowledged and attached to the Tender and all of which are to be read herewith and form part of this present Agreement as fully and completely to all intents and purposes as though all the stipulations hereof have been embodied herein. DESCRIPTION OF WORK The demolition of the building located at 25 Strachan Street, Port Burwell and the removal of all debris and foundations in association with the demolition. IN CONSIDERATION WHEREOF, Said party of the second part agrees to pay the Contractor for all work done, for a fixed price in the amount of 58.560.00. Payment of full amount upon the completion of the work to the satisfaction of the Administrator/Clerk-Treasurer. This agreement shall ensure to the benefit of the Municipality and the binding upon the heirs, executors, administrators and assigns of the parties hereto. IN WITNESS, WHEREOF, the Contractor and the Municipality have hereunto signed their names and set their seals on the day first above written. e/j6e'tre Signature of Corporation Signature of Contractor or witnesses &position held Seal of the Corporation Corporation of the Village of Port Burwell Post Office : .x #10, 21 Pitt Street Port B - ION NOJ TO eeve Seal of the Municipal Corporation • ;. nrator/Clerk-Treasurer The Corporation of the Village of Port Burwell Post Office Box #10 21 Pitt Street Port Burwell, Ontario By-Law 94-48 Being a By-Law to amend Subsection 2.1.4 of By-Law 94-22, Being a By-Law Prescribing the Standards for the Maintenance and Occupancy of Property WHEREAS the Council of the Corporation of the Village of Port Burwell deems it necessary to amend By-Law 94-22, Being a By-Law Prescribing the Standards for the Maintenance and Occupancy of Property. The Council of the Village of Port Burwell hereby amends sections 2.1.4 of Bylaw 94-22 to read as follows: 2.1.4 Enforcement This By-Law shall be enforced by the Property Standards Officer in accordance to the standards set within this bylaw and/or upon the receipt of a written and signed complaint of alleged violation of this By-Law from the Fire Chief of the Village of Port Burwell or from a citizen or ratepayer of the Village of Port Burwell or the Administrator/Clerk-Treasurer, or the Council of the Village of Port Burwell. • Read a first and second time •is 22nd day of November, 1994. eve A. strator/Clerk-Treasurer Read a third time and finally p-==ed 22nd day of November, 1994. i IAP/, Reeve i� " • d . •• rator/Clerk-Treasurer • 2 The Corporation of the Village of Port Burwell Post Office Box #10 21 Pitt Street Port Burwell, Ontario By-Law 94-48 Being a By-Law to amend Subsection 2.1.4 of By-Law 94-22, Being a By-Law Prescribing the Standards for the Maintenance and Occupancy of Property WHEREAS the Council of the Corporation of the Village of Port Burwell deems it necessary to amend By-Law 94-22, Being a By-Law Prescribing the Standards for the Maintenance and Occupancy of Property. The Council of the Village of Port Burwell hereby amends sections 2.1.4 of Bylaw 94-22 to read as follows: 2.1.4 Enforcement This By-Law shall be enforced by the Property Standards Officer in accordance to the standards set within this bylaw and/or upon the receipt of a written and signed complaint of alleged violation of this By-Law from the Fire Chief of the Village of Port Burwell or from a citizen or ratepayer of the Village of Port Burwell or the Administrator/Clerk-Treasurer, or the Council of the Village of Port Burwell. krei Read a first and second time •is 22nd day of November, 1994. -eve A. istrator/ClerIz-Treasurer Read a third time and finally p;,,ed 22nd day of November, 1994. Reeve �/ • d-�mistrator/Clerk-Treasurer 2 • Pc,of PORTA& THE CORPORATION OF THE s t 4NolIC VILLAGE OF PORT BURWELL P.O. Box 10, Port Burwell,Ontario NOJ ITO telephone(519)874-4343 • fax(519)874-4948 ♦C ; b. L Memo To: Council From: D. Free Re: Bylaw 94-22, Property Standards Bylaw Date: November 21, 1994 Council: A review of the above said including discussions with the Bylaw Enforcement Officer revealed a slight administrative detail which needed to be addressed prior to the peak season in dealing with these matters for the summer of 1995. In dealing with Property Standards matters it has been a practice in the past two years to be proactive in so far as cleaning of problem properties. The bylaw is currently written that only upon written request by a ratepayer could administration act upon a delinquent property. The old section within the bylaw which is applicable reads as follows; 2.1.4 Enforcement This By-Law may be enforced by the Property Standards Officer upon the receipt of a written and signed complaint of alleged violation of this By-Law from the Fire Chief of the Village of Port Burwell or from a citizen or ratepayer of the Village of Port Burwell- directly affected by the alleged violation. The proposed amendment to the bylaw reads as follows; Tom Nesbitt • Reeve David R. Free, CET,AMCT(A) • Administrator/Clerk-Treasurer Councillors • E. Epple, G. Loucks, C.AIIin,J. Hevenor 2.1.4 EufgEggingat This By-Law shall be enforced by the Property Standards Officer in accordance to the standards set within this bylaw and/or upon the receipt of a written and signed complaint of alleged violation of this By-Law from the Fire Chief of the Village of Port Burwell or from a citizen or ratepayer of the Village of Port Burwell or the Administrator/Clerk-Treasurer, or the Council of the Village of Port Burwell. The amendment corrects this element within the bylaw in order that council, administration and ratepayers can act upon perpetrators to the continual effort for community beautification. Please consider the attached at your earliest convenience. Free Ends. The Corporation of the Village of Port Burwell Post Office Box #10 21 Pitt Street Port Burwell, Ontario By-Law 94-49 Being a By-Law to authorize the Reeve and the Administrator/Clerk-Treasurer to enter into an Agreement with Sierra Construction Limited for the Road Reconstruction of the Addison Street Area. WHEREAS the Council of the Village of Port Burwell has received supplementary funding from the Ministry of Transportation in order to reconstruct roads in the Addison Street area, and; WHEREAS the road reconstruction project is part and commensurate with The Port Burwell Roads Management Study (Draft), and; Tendering for the project was completed by Cyril J. Demeyere Limited, Consulting Engineers November 22, 1994 in accordance to the specified formats by the Ministry of Transportation. The Council of the Village of Port Burwell upon review of the tenders received in this matter and opened on November 22,1994, hereby directs the Reeve and Administrator/Clerk-Treasurer to enter into the Form of Agreement with Sierra Construction Limited. • 1 •. Read a first andecond time this 22nd day of November, 1994. • 71 /AN/ ; / Re Ad • istrator/ClerIz-Treasurer Read a third time . .d finally p.=sed this 22nd clay of November, 1994. 'eeve • • inistrator/Clerk-Treasurer 2 0 CLOSING DATE: 12 NOON, TUESDAY, 22 NOVEMBER 1994 PLACE: CLERK'S OFFICE, 21 PITT STREET, PORT BURWELL, ONTARIO NOJ 1TO CONTRACT DOCUMENTS RECONSTRUCTION OF ADDISON STREET AREA VILLAGE OF PORT BURWELL 9509 NOVEMBER 1994 NOVEMBER 1994 CYRIL J. DEMEYERE LIMITED, CONSULTING ENGINEERS P.O. BOX 606, 261 BROADWAY, TILLSONBURG, ONTARIO N4G 4J1 (519)688-1000 • (FAX)842-3235 • INDEX INFORMATION FOR TENDERERS FORM OF TENDER FORM OF AGREEMENT GENERAL CONDITIONS SUPPLEMENTARY GENERAL CONDITIONS SPECIFICATIONS PART 1 SEWERS PART 2 ROADWORK • • INDEX FOR INFORMATION FOR TENDERERS PAGE 1. LOCATION IT-1 2. SCOPE OF WORK IT-1 3. OWNER IT-1 4. DELIVERY OF TENDERS IT-1 5. SURETY, DEPOSIT IT-1 6. TIME FOR COMPLETION IT-2 7. WITHDRAWAL OR QUALIFYING OF TENDERS IT-2 8. INFORMAL OR UNBALANCED TENDERS IT-2 9. DISQUALIFICATION OF TENDERS IT-3 10. TENDERS IT-3 11. ACCEPTANCE OF TENDERS IT-3 + 12. BONDS IT-4 13. LIABILITY INSURANCE IT-4 14. WORKERS' COMPENSATION BOARD IT-5 15. SUBCONTRACTS IT-5 16. SUBSURFACE CONDITIONS IT-6 17. OMISSIONS AND DISCREPANCIES IT-6 18. QUANTITIES IT-7 19. DELETION OF ITEMS IT-7 20. METHOD OF MEASUREMENT AND PAYMENT IT-7 21. CONSTRUCTION SCHEDULE IT-8 22. LIQUIDATED DAMAGES IT-8 23. GUARANTEED MAINTENANCE IT-9 24. DATE OF SUBSTANTIAL COMPLETION IT-10 25. DATE OF COMPLETION IT-11 26. PROGRESS CLAIMS AND PAYMENT IT-11 27. ONTARIO RETAIL SALES TAX IT-12 28. GOODS AND SERVICES TAX (GST) IT-12 29. LABOUR CONDITIONS IT-12 • 30. FIELD OFFICE FOR ENGINEER IT-14 31. METRICATION IT-14 • RECONSTRUCTION OF ADDISON STREET AREA 9509 VILLAGE OF PORT BURWELL INFORMATION FOR TENDERERS 1. LOCATION The area involved is shown on Drawing #1. 2. SCOPE OF WORK The work consists of providing all labour, equipment, supervision and supplying of all materials necessary for the complete installation and construction of the following: STORM SEWER GRANULAR ROADBASE 3. OWNER The Owner is the Village of Port Burwell . 4. DELIVERY OF TENDERS Tender shall be submitted in a sealed envelope, clearly marked as follows: RECONSTRUCTION OF ADDISON STREET AREA Tenders will be received until 12 noon local time on TUESDAY, 22 NOVEMBER 1994 at the office of the Clerk, 21 Pitt Street, Port Burwell , Ontario. NOJ 110. The use of the mails or courier services for delivery of a tender will be at the risk of the Tenderer. 5. SURETY DEPOSIT Each tender must be accompanied by a certified cheque in the amount of $10,000 submitted by the Contractor and made payable to: VILLAGE OF PORT BURWELL Bid bonds will not be accepted. 0 • 6. TIME FOR COMPLETION Refer to Addendum No. 1. 7. WITHDRAWAL OR QUALIFYING OF TENDERS A Tenderer who has already submitted a tender may submit a further tender at any time up to the closing time. The last tender received shall supersede and invalidate all tenders previously submitted by that Tenderer for this contract. A Tenderer may withdraw or qualify his tender at any time up to the closing time by submitting a letter bearing his signature and seal as in his tender to the person or office receiving the tenders who will mark thereon the time and date of receipt and will place the letter in the tender box. The Tenderer shall show his name and the project and contract numbers on the envelope containing such letter. No telegrams or telephone calls will be considered. B. INFORMAL OR UNBALANCED TENDERS All entries in the Form of Tender shall be made in ink or by typewriter. Entries or changes made in pencil shall , unless otherwise decided by the Owner, be invalid or informal . Tenders which are incomplete, conditional , illegible or obscure, or that contain additions not called for, reservations, erasures, alterations (unless properly and clearly made and initialled by the Tenderer's signing officer) or irregularities of any kind, may be rejected as informal . Prior to accepting or rejecting a conditional tender, the Owner reserves the right to request the next two Tenderers to modify their tenders based on the condition attached to the lowest tender. Should either of the next two tenders become the lowest, the Owner reserves the right to accept the modified tender. Tenders that contain prices which appear to be so unbalanced as likely to affect adversely the interest of the Owner may be rejected. Wherever in a tender the amount tendered for an item does not agree with the extension of the estimated quantity and the tender unit price, the unit price shall govern and the amount and the Total Tender Price shall be corrected accordingly, unless otherwise directed by the Owner. If a Tenderer has omitted to enter a price for an item of work set out in the Form of Tender, he shall , unless he has specifically stated otherwise in his tender, be deemed to have allowed elsewhere in the Form of Tender for the cost of carrying out the said item of work and, unless otherwise agreed to by the Owner, no increase shall be made in the Total Tender Price on account of such omission. INFORMATION FOR TENDERERS IT-2 • 9. DISQUALIFICATION OF TENDERS Under no circumstances will tenders be considered which: a) are received after the closing time; and/or b) are not accompanied by a certified cheque in the amount specified. 10. TENDERS Tenders must be submitted on the Form of Tender marked "This set of the Form of Tender to be submitted in a sealed envelope" together with an Agreement to Bond, a tender deposit as required herein, together with any further forms or sheets which the Tenderer is instructed elsewhere herein, or in any addendum hereto, to submit with his tender. The Tenderer may retain the rest of the tender documents issued to him. 11. ACCEPTANCE OF TENDERS TENDER PRICES SHALL BE VALID FOR A PERIOD OF FORTY-FIVE (45) DAYS FROM THE CLOSING DATE. The lowest or any tender will not necessarily be accepted. The deposits of the unsuccessful tenderers will be returned without interest upon execution of a contract with the successful Tenderer. The deposit of the Tenderer whose tender is accepted will be forfeited by him to the Owners as liquidated damages should the Tenderer fail to execute a contract within seven (7) days after being notified in writing by the Engineer of the acceptance of his tender, or to supply the satisfactory bonds as stipulated in the General Conditions. All deposits will be returned without interest should a contract not be negotiated within thirty (30) days of the date of closing of this tender. A tender is accepted by the Owner when the Agreement in the form bound herein is executed by the Owner and by the Tenderer or when the Engineer has issued a written order to commence work to the Tenderer. III INFORMATION FOR TENDERERS IT-3 • 12. BONDS THE TENDER FOR THIS CONTRACT MUST BE ACCOMPANIED BY AN "AGREEMENT TO BOND". THIS AGREEMENT IS A GUARANTEE THAT THE BONDING COMPANY WILL BOND THE CONTRACTOR WITH A 100% PERFORMANCE AND A 100% LABOUR AND MATERIALS PAYMENT BOND. On acceptance of the Tender, the Contractor shall furnish a 100% Performance Bond and a 100% Labour and Materials Payment Bond. The Labour and Materials Payment Bond must be submitted on a Private Contracts - Trustee Form. All bonds shall be issued by a licensed Canadian bonding company. The Performance Bond shall make specific reference to the period of guaranteed maintenance. Refer to Section 23 in the Information for Tenderers. Tenders which are not accompanied by a proper Agreement to Bond for the full contract price may not be accepted. Work shall not commence on the project until the proper bonds have been received by the Owner. 13. LIABILITY INSURANCE The Contractor shall state in the Form of Tender the amount of liability insurance carried and the company with which he is insured. The liability insurance shall : (a) have a limit of liability of not less than $5,000,000.00 inclusive for any one occurrence; (b) be Comprehensive Liability Insurance covering all operations and liability assumed under the Contract; (c) not contain any exclusions or limitations in respect of shoring, underpinning, raising or demolition of any building or structure, pile driving, caisson work, collapse of any structure of subsidence or any property structure of land from any cause; (d) name the following as co-insured: Village of Port Burwell Cyril J. Demeyere Limited (e) have the Contractor assume the defence of and indemnify and save harmless those parties referred to in (d) from all claims relating to labour, equipment and materials furnished for the work; INFORMATION FOR TENDERERS IT-4 • 13. LIABILITY INSURANCE (Cont'd) (f) include insurance against liability for bodily injury and property damage caused by vehicles owned by the Contractor and used on the work, and in addition, shall include insurance against liability for bodily injury and property damage caused by vehicles not owned by the Contractor and used on the work. Each such insurance shall have a limit of liability of not less than $2,000,000.00 inclusive for any one occurrence. A "vehicle" shall be as defined in the Highway Traffic Act; (g) be endorsed to provide that the policy or policies will not be altered, cancelled or allowed to lapse without thirty days written notice to the Owner; and The Contractor shall assume the defence of and indemnify and save harmless the co-insured from all claims relating to labour, equipment and materials furnished for the work. Work shall not commence until the insurance certificates and/or endorsements covering the above items have been received by the Owner. 14. WORKERS' COMPENSATION BOARD Prior to commencing work, the Contractor shall furnish a satisfactory clearance letter from the Workers' Compensation Board stating that all assessments or compensations payable to the Workers' Compensation Board have been paid. A similar clearance letter will also be required prior to the release of holdback. 15. SUBCONTRACTS (a) The Tenderer must give in the Form of Tender, if requested, the name and address of each proposed subcontractor used in making up his tender stating the portion of the work allotted to each. One subcontractor shall be named for each part of the work to be sublet. (b) After the tender has been accepted by the Owner, the Contractor will be allowed to substitute other subcontractors in place of those named in his tender up to the signing of the Agreement. INFORMATION FOR TENDERERS IT-5 • 15. SUBCONTRACTS (Cont'd) (c) The Owner shall have the privilege of refusing to accept any subcontractors which may be deemed unqualified. (d) The Contractor shall be held as fully responsible to the Owner for the acts and omissions of his subcontractors, and of persons directly or indirectly employed by them as for the acts and omissions of persons directly employed by him. (e) The Contractor shall be responsible for supervising his subcontractors. 16. SUBSURFACE CONDITIONS To assist Tenderers, the Engineer will have test pits excavated at the site of the works at a time and date to be advised. All Tenderers may visit the site and inspect these pits. No further test digging will be permitted, except with the prior written approval of the Engineer. Tenderers must visit the site of the work before submitting their tender and must satisfy themselves by personal examination as to the local conditions to be met with during the construction and conduct of the work. They shall make their own estimate of the facilities and difficulties to be encountered, including the nature of the subsurface materials and conditions. Tenderers are not to claim at any time after submission of their tender that there was any misunderstanding with respect to the conditions imposed by the Contract. 17. OMISSIONS AND DISCREPANCIES Should a Tenderer find discrepancies in, or omissions from the drawings or contract documents or should he be in doubt as to their meaning, he should notify the consulting engineer who may send a written instruction to all Tenderers. In the event of any discrepancies whatever or ambiguity of any symbol , note, abbreviation, etc. used in the Specifications or on the Contract Drawings, the Contractor shall obtain clarification from the Engineer prior to submitting his tender. Requests for clarification must be in writing to the Engineer. No telephone requests or telegrams will be considered. III INFORMATION FOR TENDERERS IT-6 • 18. QUANTITIES The quantities shown for the items in the Form of Tender are estimated only and are for the sole purpose of indicating to Tenderers the general magnitude of the work. For work done or materials supplied on a unit price basis, the Contractor will be paid for the actual measured quantities at the respective unit prices tendered. The Engineer has the right to increase or to reduce the quantities required or to suspend or omit any item or portion of the work at any time as he may deem advisable. The Contractor shall not be entitled to any compensation for loss of anticipated profit as a result of the deletion of any item or part of an item from the Form of Tender, unless the actual quantity of work performed on a major item of the Contract exceeds by twenty-five percent (25%) or is less than twenty-five percent (25%) of a quantity shown in the Tender Form for such major item, and if there is a resulting change in the cost of work or material , then either party to the Contract upon written request of the other, can request that negotiations be held to establish the increase or decrease in the compensation for the affected items of work. Under this provision, the definition of a major item shall be any individually bid tender item that has a tender cost equal to or greater than five percent (5%) of the total tender price. Where the actual quantity of work exceeds the quantity in the Form of Tender by twenty-five percent (25%) or more, any increase or decrease in the unit price shall apply only to the increase in quantity. This section does not apply to items in the Form of Tender which are designated as possible deletions. 19. DELETION OF ITEMS The Engineer retains the right to delete any items in the Form of Tender which are designated as possible deletions. The Contractor shall not have any recourse as to additional payment for such deleted items. 20. METHOD OF MEASUREMENT AND PAYMENT Measurement of finished work and method of payment shall be as outlined in the Form of Tender and in the Specifications. III INFORMATION FOR TENDERERS IT-7 • 21. CONSTRUCTION SCHEDULE The Contractor shall be required, prior to the start of the work, to submit a construction schedule. 22. LIQUIDATED DAMAGES In the event the Contractor fails to complete the works hereunder, in accordance with the specifications and to the satisfaction of the Engineer, within the time specified, the Contractor shall pay to the Owner (in addition to Inspector's wages) the sum stipulated below for each and every calendar day that the works shall remain unfinished after the respective time specified; which said sum, in view of the difficulty of ascertaining the losses which the Owner will suffer by reason of delay in the performance of the said works, is hereby agreed upon, fixed and determined by the parties hereto as the liquidated damages that the Owner will suffer by reason of said delay and default, and not as a penalty. The Owner may deduct and retain the total amount of the same from the monies which may be due or may become due to the Contractor under this Contract. In accordance with the above paragraph, should the Contractor fail to complete the works to the satisfaction of the Engineer and in accordance with the Contract within the Time for Completion specified or the extended time allowed in writing by the Engineer, the Contractor shall pay to the Owner as liquidated damages the sum of $200.00 for each calendar day that the works remain uncompleted after the time so specified or allowed. If this time limit is not sufficient to permit completion of the work by the Contractor working a normal number of hours each day or week on a single daylight shift basis, it is expected that additional and/or augmented daylight shifts will be required throughout the life of the Contract to the extent deemed necessary by the Contractor to ensure that the work will be completed within the time limit specified. Any additional costs occasioned by compliance with these provisions will be considered to be included in the prices bid for the various items of work and no additional compensation will be allowed therefore. If the Contractor is delayed in the completion of the work, (a) by reason of changes or alterations made and or scope of work; (b) by reason of any breach of Contractor or prevention by the Owner, or other Contractor of the Owner or any employee of any one of them; (c) by reason of delay by the Owner in issuing instructions or information or in delivering materials; III INFORMATION FOR TENDERERS IT-8 • 22. LIQUIDATED DAMAGES (Cont'd) (d) by any other act or neglect of the Owner or any other Contractor of the Owner or any employee of any one of them; (e) for any cause beyond the reasonable control of the Contractor, the time of completion may be extended in writing at any time on such terms and for such period as shall be determined by the Owner, and notwithstanding such extensions, time shall continue to be deemed of the essence of this contract. An application by the Contractor for an extension of time as herein provided shall be made to the Owner in writing at least fifteen days prior to the date of completion fixed by the Contract. All bonds and other surety furnished to the Owner by the Contractor shall be amended where necessary at the expense of the Contractor to provide coverage beyond the date of any extension of time granted, and the Contractor shall furnish the Owner with evidence of such amendment of the bonds or other surety. Any extension of time that may be granted to the Contractor shall be so granted and accepted without prejudice to any rights of the Owner whatsoever under this Contract, and all of such rights shall continue in full force and effect after the time limited in this Contract for the completion of work and whenever in this Contract power and authority is given to the Owner or the Engineer or any person to take any action consequent upon the act, default, breach, neglect, delay, non-observance or non-performance by the Contractor in respect of the work or Contract, or any portion thereof, such powers or authorities may be exercised from time to time and not only the event of the happening of such contingencies before the time limited in this Contract for the completion of the work, but also in the event of the same happening after the time so limited in the case of the Contractor being permitted to proceed with the execution of the work under an extension of time granted by the Owner. 23. GUARANTEED MAINTENANCE (a) The guarantee and maintenance period shall commence on the DATE OF COMPLETION OR ACCEPTANCE by the Owner and NOT THE DATE OF SUBSTANTIAL COMPLETION, and shall be 24 months for all work. (b) All releases of holdback shall be subject to the conditions set out in Clause 108-3 of the General Conditions - MTC Form M-100, Revised April 1983; notwithstanding that the release of the holdback will be subject to receipt of maintenance security by the Owner. • INFORMATION FOR TENDERERS IT-9 • 23. GUARANTEED MAINTENANCE (Cont'd) (c) The Contractor shall provide maintenance security in the form of an irrevocable LETTER OF CREDIT, or other forms of readily negotiable security acceptable to the Engineer to remain in effect for 24 months, in the amount of 5% for the first 12 months, 3% for the second 12 months of the final contract price and until correction of any deficiencies or the completion of uncompleted work found in the maintenance period. The Contractor agrees that the Owner may draw on the LETTER OF CREDIT or security to correct any maintenance deficiencies or complete any uncompleted work arising in the guarantee and maintenance period, provided that the Contractor has been previously notified of deficiencies and has been given ample opportunity to correct same. 24. DATE OF SUBSTANTIAL COMPLETION A contract will be considered substantially complete when (a) the improvement to be made under the contract or a substantial part thereof is ready for use or is being used for the purposes intended; and (b) the improvement to be made under the contract is capable of completion or, where there is a known defect, correction, at a cost of not more than, (i) 3 percent of the first $500,000 of the contract price (ii) 2 percent of the next $500,000 of the contract price and, (iii) 1 percent of the balance of the contract price The Contractor shall publish the date of substantial completion in the Daily Commercial News. • 111 INFORMATION FOR TENDERERS IT-10 • • 25. DATE OF COMPLETION The DATE OF COMPLETION or ACCEPTANCE will be when: (a) The works have satisfactorily passed the required inspection and testing. (b) The cost of completion of all outstanding work and known defects is not more than the lesser of (i) one percent of the contract price (ii) $1,000.00 (c) The following documents have been received: (i) The Contractor' s final claim (including the value of work completed since the date of substantial performance) . (ii) An up-to-date release by the Contractor in a form satisfactory to the Engineer upon releasing the Owner from all further claims relating to the Contract. (iii) Statutory Declarations on forms provided by the Engineer that all liabilities incurred by the Contractor and his subcontractors in carrying out the Contract have been discharged and that all liens in respect of the Contract and subcontracts thereunder have expired or have been satisfied, discharged or provided for by payment into Court. 26. PROGRESS CLAIMS AND PAYMENT Payment to the Contractor shall be made monthly for ninety percent (90%) of the value of all materials installed and workmanship completed based on a monthly estimate of the total value of work completed to date prepared by the Engineer in accordance with the Form of Tender. Decision of the Engineer shall be final in determining the value of the work each month. MATERIALS ON SITE BUT NOT INSTALLED WILL NOT BE INCLUDED IN THE PROGRESS PAYMENTS. The Engineer will be allowed 10 days to prepare and submit the Payment Certificate to the Owner. The Owner will then be allowed 30 days to pay the amount owing to the contractor. INTEREST ON LATE PAYMENTS SHALL BE 1.0% PER MONTH. • INFORMATION FOR TENDERERS IT-11 • 27. ONTARIO RETAIL SALES TAX All prices tendered for the works and for any additional or extra work shall be ALL APPLICABLE SALES TAX INCLUDED. The Tenderer shall allow in his price for all Retail Sales Tax that he may be required to pay on materials and equipment to be utilized or expended in the construction of the works. The Owner will not consider any claim by the Contractor or any subcontractor for reimbursement of Retail Sales Tax paid. NOTE: IT SHOULD BE CLEARLY UNDERSTOOD THAT ALL MATERIALS SHALL PURCHASED AND PAID FOR BY THE CONTRACTOR. 28. GOODS AND SERVICES TAX (GST) GST IS NOT TO BE ADDED FOR TENDERING PURPOSES, but will be added to all payments at 7% or such other rate as determined by Revenue Canada. Any refund of the GST or a portion of the GST shall belong to the OWNER Unit or lump sum prices in Addenda shall be subject to GST. 29. LABOUR CONDITIONS (a) General These labour conditions are subject to the Industrial Standards Act and regulation made thereunder. The wage rates set out in the Roads and Structures Fair Wage Schedule have been established for a one year period commencing on the first day of April and are subject to change annually on that date. Any increase in costs incurred by a change in the wage rates shall be borne by the Contractor. (b) Definitions For the purpose of these labour conditions, "work on roads" means the preparation, construction, finishing and construction maintenance of roads, streets, highways and parking lots and includes all work incidental thereto other than work on structures, provided, however, that the Minister of Labour, Ontario may at his sole discretion determine whether any particular work is to be classified as work on roads or as work on structures and such decisions may be made notwithstanding the definitions herein contained. • INFORMATION FOR TENDERERS IT-12 III 29. LABOUR CONDITIONS (Cont'd) (c) Hours of Work and Wages The regular work week for a person employed on work being done under this Contract shall not exceed 55 hours and all time worked by such person on excess of 55 hours a week shall be overtime, except that part of the hours of work in excess of 55 works a week which, together with the hours worked in the preceding week, do not exceed 55 hours. Every person employed by the Contractor or a sub-contractor or other person to do any part of the work contemplated by this Contract shall be paid while employed on such work at not less than the wage rate set out in the Roads and Structures Fair Wage Schedule hereunder for the appropriate classification of such work or not less than such other wage rates as, during the continuance of work, are fixed by the Minister of Labour, Ontario for hours of work that are not overtime and shall be paid not less than one and one half times such wages for all hours of work that overtime. Not withstanding that a Contractor pays wages in excess of the wage rates set out in the Roads and Structures Fair Wage Schedule, he shall not, in computing overtime wages payable to an employee, set off against such overtime wages any part of the wages earned by the employee in respect of his regular work period. (d) Decisions by Minister of Labour Where there is not appropriate classification set out in Roads and Structures Fair Wage Schedule for any particular class or work, the Minister of Labour, Ontario may designate or establish the appropriate classification and the wage rate. The Contractor, upon receipt of notice of any decision of the Minister of Labour, Ontario made under this Contract, shall immediately adjust the wage rates, hours and classification of work so as to give effect such decision. (e) Contractor to Keep Records Which Are to Be Open for Inspection The Contractor shall keep proper books and records showing the names, trades, addresses and hourly wage rates of all workmen in his employ and the wages paid to and time worked by such workmen, both at regular wage rates and at overtime wage rates, and the books of documents containing such records shall be open for inspection by officers of the Department of Labour, Ontario at any time it may be expedient to the Minister of Labour to have the same inspected. 111 INFORMATION FOR TENDERERS IT-13 • 29. LABOUR CONDITIONS (Cont'd) (f) Fair Wage Schedule to Be Posted The Contractor shall post prominently and maintain on the site of the work legible copies of these Labour Conditions, including the Roads and Structures Fair Wage Schedule and any amendments thereto. (g) Ministerial Requirements Before Payments Made to Contractor The Contractor shall from time to time upon request furnish the Ministry of Labour, Ontario with such detailed information and evidence as may be required in order to establish that these labour conditions have been complied with not only be himself but by any subcontractor or other person doing any part of the work contemplated by the Contractor. 30. FIELD OFFICE FOR ENGINEER The Contractor shall provide the Engineer's representative with an office at the site having a minimum area of 15 m2, and furnished with one desk, a drawing table, filing cabinet, four chairs, shelves, stove (if required) , electric lights and telephone FOR HIS SOLE USE. The office shall not be shared with the Contractor but shall be a separate trailer or shack assessable and acceptable to the Engineer, and shall be kept clean and heated by the Contractor to the approval of the Engineer. The Contractor shall bear the cost of all telephone charges for the entire duration of the Contract, excepting long distance telephone charges incurred by the Engineer or his representative. On completion of the Contract, the office shall be removed from the site by the Contractor. No separate payment shall be made for supplying and maintaining the office as described herein. 31. METRICATION The metric system to be used will be the International System of Units (SI) . Application of the SI system will conform to the Canadian Metric Practice Guide, CAN3-Z234.1-76 (latest edition) . All materials used shall be manufactured in the SI system unless prior approval of the Engineer is received. In all cases where metric equipment, piping or other manufactured products supplied under this contract must mate with connecting non-metric equipment, piping or other manufactured products, the Contractor shall assure himself that mating with adjoining materials is feasible, and that the special connecting pieces required for such mating shall be provided by the Contractor at his expense. III INFORMATION FOR TENDERERS IT-14 RECONSTRUCTION OF ADDISON STREET AREA 9509 IN THE • VILLAGE OF PORT BURWELL ADDENDUM NO. 2 (to the Tender Documents) RE: SEWER PIPE MATERIALS The following alternate materials will be allowed; the Tenderer shall identify the type of material tendered for each pipe size: • Concrete pipe C65-D (375 mm 0 and larger) , extra strength (300 mm a and smaller) • PVC ribbed pipe (equivalent to SDR 35) • Boss 2000 (polytight) polyethylene with bell and spigot rubber gasket joints RE: SUBGRADE SUBDRAINS It is anticipated that subgrade subdrains will be required along the full length of both sides of Waterloo Street. Subgrade subdrains will only be required on Addison Street, if requested due to soil conditions found at the time of construction. Subgrade subdrains shall be constructed by excavating a trench, placing geotextile strip at least 2 m wide, placing 100 mm 0 perforated PVC building sewer pipe (perforations down) , placing H.L. 3 stone to subgrade and overlapping geotextile before placing Granular 'B' subgrade material . RE: TRENCH BACKFILL Backfill must be granular (native sand acceptable) . It is anticipated that sufficient material will be available from road excavation; however, separation of sand from silts/clays will be required over the storm sewer trench. NOVEMBER 1994 CYRIL J. DEMEYERE LIMITED, CONSULTING ENGINEERS, 261 BROADWAY, P.O. BOX 606, • TILLSONBURG, ONTARIO N4G 4J1 (519) 688-1000 (FAX) 842-3235 • RECONSTRUCTION OF ADDISON STREET AREA 9509 IN THE VILLAGE OF PORT BURWELL ADDENDUM NO. 1 (to the Tender Documents) RE: COMPLETION DATE Assuming a notice of contract award is issued on 23 November 1994, and MOEE approval is received by 25 November 1994, the work must then be substantially completed by 31 December 1994 or the Contractor will be subject to Liquidated Damages as per Section 22 of the Information for Tenderers. Should the award date or the date for receiving approvals be delayed, then the COMPLETION DATE will be adjusted accordingly. No allowance will be made for inclement weather. NOVEMBER 1994 CYRIL J. DEMEYERE LIMITED, CONSULTING ENGINEERS, 261 BROADWAY, • P.O. BOX 606, TILLSONBURG, ONTARIO N4G 4J1 (519) 688-1000 (FAX) 842-3235 RECONSTRUCTION OF ADDISON STREET AREA 9509 • VILLAGE OF PORT BURWELL FORM OF TENDER Gentlemen: I/We SIERRA CONSTRUCTION (WOODSTOCK) LIMITED the undersigned have examined the locality and site of the proposed work, and all contract documents relating thereto, including the Drawings, Form of Tender, Information for Tenderers, Specifications, General Conditions, Supplementary General Conditions, Form of Agreement and Addendum/Addenda No. 1 to No. 2 * hereby tender and offer in accordance therewith to enter into a contract within the prescribed time to construct the said works in strict accordance with the contract documents and such further detail drawings as may be supplied from time to time, and to furnish all materials, labour, tools, plant, matters and things necessary therefore complete and ready for use within the time specified for the total tender sum of SEVENTY-ONE THOUSAND NINE HUNDRED AND TWENTY-SIX xx/100 Dollars ($71.926.00 ) , or such other sum as may be ascertained in accordance with the contract. *The Tenderer will insert here the numbers of the addenda received by him during the tender period and taken into account by him in preparing this tender. 111 FORM OF TENDER 1. 9509 SCHEDULE OF ITEMS AND PRICES 1 PART 1 STORM DRAINAGE (Reference Specifications Part 1 Sewers) EST'D UNIT BID ITEM DESCRIPTION UNIT QTY PRICE AMOUNT 1.1 STORM SEWER OUTLET INCLUDING 15 m OF 500 mm a CMP WITH RODENT GATE, 11 m OF 375 mm a PVC SDR 35, CONCRETE ENCASEMENT, 10 m2 OF 300 mm SIZE RIP RAP, CLEARING AND FILLING L/S - $4,900.00 $ 4,900.00 1.2 MH A TO MH B 375 mm a PVC SDR 35 m 88.3 82.00 7,240.60 1.3 MH B TO CB 62 375 mm a PVC SDR 35 m 21 .7 82.00 1,779.40 1.4 1200 mm a PRECAST CONCRETE MANHOLES, EXCL. FRAMES AND COVERS m 4.0 600.00 2,400.00 1.5 CATCHBASIN FRAMES & GRATES EACH 2 225.00 450.00 1.6 SINGLE PRECAST CONCRETE CATCHBASINS, INCL. FRAMES AND GRATES EACH 3 700.00 2,100.00 1.7 PRECAST EXTENSIONS IN EXCESS OF 300 mm FOR DEEP CATCHBASINS, IF REQUIRED VERT m 1.0 190.00 190.00 SUB-TOTAL PART 1 STORM DRAINAGE $19,060.00 FORM OF TENDER 2. 9509 SCHEDULE OF ITEMS AND PRICES • PART 1 S1ORM DRAINAGE (Cont'd) (Reference Specifications Part 1 Sewers) EST'D UNIT BID ITEM DESCRIPTION UNIT QTY PRICE AMOUNT SUB-TOTAL CARRIED FORWARD $19,060.00 1.8 CATCHBASIN CONNECTIONS AND CONNECT EXISTING DRAINS i) 250 mm e PVC SDR 35 m 25 $ 73.00 1.825.00 ii) 200 mm a PVC SDR 35 (PROV.) m 10 60.00 600.00 iii) 150 mm a PVC SDR 28 (PROV.) m 10 68.00 680.00 1.9 BEDDING DRAINS AT STORM MANHOLES (PROVISIONAL) EACH 2 200.00 400.00 1.10 ADJUST EXISTING CATCHBASINS i) RAISE CB 1, PLACE MANHOLE FRAME & COVER L/S - 325.00 325.00 ii) SAWCUT CB 2 PRECAST SLOPED TOP, INSERT RISER AND ROTATE SLOPED TOP L/S - 350.00 350.00 iii) LOWER CB 40 (REMOVE ADJUSTMENT RING) L/S - 160.00 160.00 1.11 CULVERTS AND EXTENSIONS 300mn0 CMP 1.6 mm WALL P.G. OR POLYETHYLENE BOSS POLY-TITE. m 34 59.00 2,006.00 TOTAL PART 1 STORM DRAINAGE $25,406.00 • FORM OF TENDER 3. • 9509 SCHEDULE OF ITEMS AND PRICES PART 2 ROADWORK (REFERENCE SPECIFICATIONS PART 1 SEWERS) EST'D UNIT BID ITEM DESCRIPTION UNIT QTY PRICE AMOUNT 2.1 EXCAVATION AND GRADING, INCL. REMOVAL AND DISPOSAL OF EXISTING PAVEMENT, DRIVEWAY GRADING , SWALES AND CLEARING AS REQUIRED i) ADDISON STREET FROM WELLINGTON STREET TO WATERLOO STREET (TOTAL LENGTH 115 m APPROX.) L/S - $3,926.00 $ 3_,926.00 ii) ADDISON STREET FROM WATERLOO STREET TO TENNYSON STREET (TOTAL LENGTH 110 m APPROX.) L/S - 3,764.00 3,764.00 iii) WATERLOO STREET (TOTAL LENGTH 120 m APPROX) L/S - 4,200.00 4,200.00 2.2 EXCAVATION BELOW SUBGRADE AND BEYOND TRENCH LIMITS (PROVISIONAL) m3 100 6.50 650.00 2.3 SUBGRADE SUBDRAINS, 100 mm m PERFORATED PVC B.S.P. m 200 15.00 3.000.00 2.4 GRANULAR BASE 'B' TONNE 2500 7.50 18,750.00 2.5 GRANULAR BASE 'A' , INCL. ROADBASE AND DRIVEWAY RESTORATION TONNE 800 8.85 7,080.00 2.6 ADJUST EXISTING MANHOLES EACH 1 200.00 200.00 2.7 SUPPLY CALCIUM CHLORIDE AND SPREAD MECHANICALLY TONNE 1.0 650.00 650.00 2.8 COLD-MIX ASPHALT (PROV.) TONNE 3 100.00 300.00 2.9 100 mm TOPSOIL AND SEEDING m2 2000 2.00 4,000.00 TOTAL PART 2 ROADWORK $46,520.00 411 FORM OF TENDER 4. 9509 SUMIARY • PART 1 STORM DRAINAGE $25,406.00 PART 2 ROADWORK $46,520.00 TOTAL TENDER PRICE (EXCLUDING GST) $71,926.00 Amount of tender to be repeated in writing SEVENTY-ONE THOUSAND NINE HUNDRED AND TWENTY-SIX xx/100 Dollars PROVINCE OF ONTARIO SALES TAX TO BE INCLUDED IN ACCORDANCE WITH SECTION 27 OF THE INFORMATION FOR TENDERERS. • FORM OF TENDER 5. The Tenderer agrees to complete the works within a time to be known as the "Time for Completion" in the Information for Tenderers. • The Tenderer agrees that this Tender is subject to a formal contract being prepared and executed. The Tenderer declares that no person, firm or corporation other than the Tenderer has any interest in this Tender or in the proposed Contract for which this Tender is made. The Tenderer further declares that this Tender is made without any connection, comparison of figures, or arrangements with, or knowledge of, any other corporation, firm or person making a Tender for the same work and is in all respects fair and without collusion or fraud. The Tenderer further declares that no officer or employee of the Municipality or of the Consulting Engineer is or will become interested directly or indirectly as a contracting party, partner, shareholder, surety or otherwise in or in the performance of the Contract or in the supplies, work or business to which it relates, or in any portion of the profits thereof, or in any of the monies to be derived therefrom. The Tenderer further agrees that, if this Tender is accepted by the Owner, 1) he will carry out additional or extra work (including the supplying of any additional materials or equipment pertaining thereto) or will delete any work as may be required by the Engineer in accordance with the Contract, 2) the carrying out of any work referred to in paragraph 1) above or the issuance by the Engineer of a Contract Change Order relating to such work or the acceptance by the Tenderer of such Contract Change Order shall not, except as expressly stated in such Contract or of any Contract waive or impair any of the terms of the Contract Change Order previously issued by the Engineer or any of the rights of the Owner or of the Engineer under the Contract 3) he will pay to the Owner (in addition to amounts payable by the Owner in respect of site supervision of the work) , the sums specified in the Contract as Liquidated Damages for each calendar day that the works under the Contract, as expressly modified by all Contract Change Orders issued by the Engineer, remain uncompleted after the expiry of the "Time for Completion specified in the Contract or such extended times for completion as may be allowed in writing by the Engineer, and 4) the prices applicable to work referred to in paragraph 1) above shall be determined as follows: a) the Schedule of Items and Prices shall apply where applicable; and b) if the Schedule of Items and Prices is inapplicable, the prices shall be determined in accordance with Section 103-3, Extra Work of the General Conditions. 5) he is not entitled to payment of any part of the Contingency • Allowance except for additional work carried out by him in accordance with the Contract as directed by the Engineer and only to the extent of such additional work. FORM OF TENDER 6. • 9509 Dated at Woodstock this 24th day of November 1994. ALL ignafure of tne.•." Signat e i derer SIERRA CONSTRUCTION (WOODSTOCK) LTD. P.O. BOX 20053 Address WOODSTOCK, ONTARIO City, Town N4S 8X8 Postal Code (519)424-2730 (519)424-2731 Telephone No. Fax No. CLIFF ZALUSKI CONTACT PERSON - PRINT (SEAL) NOTE: If the Tender is submitted by or on behalf of a corporation, it must be signed in the name of such corporation by the duly authorized officers and the seal of the corporation must be affixed. If the Tender is submitted by or on behalf of an individual or a partnership, a seal must be affixed opposite the signature of the individual or the partner. FORM OF TENDER 7. • 411 AGREEMENT 9509 THIS AGREEMENT MADE (in duplicate) this 24th day of November A.D. , 1994. BETWEEN: SIERRA CONSTRUCTION (WOODSTOCK) LTD. Hereinafter called the "Contractor" OF THE FIRST PART, AND VILLAGE OF PORT BURWELL Hereinafter called the "Owner" OF THE SECOND PART. WITNESSETH that the Party of the First Part, for and in consideration of payment or payments specified in the tender for this work, hereby agrees to furnish all necessary machinery, tools, equipment, supplies, labour and other means of construction, and to the satisfaction of the Engineer, to do all the work as described hereafter, furnish all materials except as herein otherwise specified, and to complete such works in strict accordance with the plans, specifications, and tender therefore, all of which are to be read herewith and form part of this present agreement as fully and completely to all intents and purpose as though all the stipulations thereof have been embodied herein. The work to be done is the RECONSTRUCTION OF ADDISON STREET AREA. The Contractor agrees to do the work as and when directed to be done by the Engineer and to complete the same within a time to be known as the "Time of Completion" in the Information for Tenderers. The Contractor further agrees to pay to the Party of the Second Part, Two Hundred Dollars per day as liquidated damages for every day beyond the expiration of the date of completion stated herein. The Contractor agrees that such moneys may be deducted from any moneys due on the expiry date or to grow due to the Contractor from the operations under this agreement. In CONSIDERATION WHEREOF, said Party of the Second Part, agrees to pay to the Contractor for all work done in the manner provided by the specifications of this Contract, the unit prices on the tender. WITNESS the hand and seal of the Contractor and witness the Corp r e Seal of the Owner under the hands of its proper officers t betr3lf. l - SIGNED, SEALED AND DELIVERED ) ) R ONS I N (WOODSTOCK) LTD. IN THE PRESENCE OF ) ) _—VatOF PORT :'dRWEL / J, . if ' ) e ) As to signature of Contractor ) //_ Clerk • RECONSTRUCTION OF ADDISON STREET AREA 9509 IN THE VILLAGE OF PORT BURWELL GENERAL CONDITIONS The General Conditions of this Contract with regard to control of work, materials, progress of work, Contractor's responsibility and legal obligations shall be those as set forth in the current MTC Form M-100. NOTE: A copy of these General Conditions is available from the Consulting Engineer upon request. • INDEX TO SUPPLEMENTARY GENERAL CONDITIONS PAGE 1. GENERAL SGC-1 2. SCOPE OF WORK SGC-1 3. DRAWINGS, SPECIFICATIONS SGC-1 4. TESTING OF MATERIALS SGC-2 5. OFFICE SGC-2 6. STORAGE YARDS SGC-3 7. CUTTING AND FITTING SGC-3 8. WATER SUPPLY SGC-3 9. LAYOUT WORK SGC-3 10. TRENCH EXCAVATORS' PROTECTION ACT SGC-4 11. OCCUPATIONAL HEALTH AND SAFETY ACT SGC-5 12. PUBLIC UTILITIES SERVICES SGC-5 13. MAINTAINING FLOW OF SEWERS AND DRAINS SGC-7 14. INSPECTION OF WORK SGC-7 15. ON-SITE INSPECTION SGC-7 16. WATER, SNOW AND ICE SGC-7 17. PROVISION FOR TRAFFIC DURING CONSTRUCTION SGC-8 18. PROTECTION OF ADJOINING PROPERTIES SGC-9 19. CLEANLINESS OF THE WORK SGC-9 20. CONTRACTOR'S GENERAL OBLIGATION SGC-10 21. SANITARY CONVENIENCES SGC-10 22. PRESERVATION OF TREES SGC-10 23. DISPOSAL OF MATERIALS SGC-10 24. IRON BAR MONUMENTS SGC-10 25. DUST CONTROL SGC-11 26. DEFECTIVE WORK SGC-11 27. CONFLICTS AND OMISSIONS SGC-11 28. TRAFFIC SIGNS SGC-11 29. STREET NAME SIGNS SGC-11 30. LOCAL ROADS SGC-12 31. ERRORS AND OMISSIONS BY CONTRACTOR SGC-12 32. CONFLICT WITH UTILITIES SGC- 12 33. COST OF POWER AND FACILITIES AT THE SITE SGC-13 • 34. EXCESS LOADING OF MOTOR VEHICLES SGC-13 35. ERRORS IN CONTRACT DOCUMENTS SGC-13 36. AGENTS OF OWNER SGC-13 RECONSTRUCTION OF ADDISON STREET AREA 9509 VILLAGE OF PORT BURWELL • SUPPLEMENTARY GENERAL CONDITIONS 1. GENERAL These specifications shall apply to and be part of this Contract and shall supplement and/or amplify the General Conditions. 2. SCOPE OF WORK The Contractor shall provide all labour, equipment, supervision and supply all materials necessary to complete the work as shown in, described by or reasonable inferable from the plans and specifications, including the following: SPECIFICATIONS PART 1 SEWERS PART 2 ROADWORK DRAWINGS DRAWING NO. 1 COVER SHEET DRAWING NO. 2 ADDISON ST. (PLAN & PROFILE) - WATERLOO & TENNYSON STS. (PLAN ONLY) DRAWING NO. 4 WATERLOO ST. (PROFILE ONLY) DRAWING NO. 6 MISCELLANEOUS DETAILS 3. DRAWINGS, SPECIFICATIONS The Contractor shall be responsible for keeping a complete set of working drawings, specifications, sketches and details available on the job site. Should any contract drawing be amended, the Contractor will ensure that all original drawings are destroyed and replaced with the amended sheets. All drawings, specifications and copies thereof furnished by the Engineer are his property. They are not to be used on any other work, and, with the exception of the signed contract set of the drawings and specifications, are to be returned to him on request on the completion of the work. III SUPPLEMENTARY GENERAL CONDITIONS SGC-1 • 4. TESTING OF MATERIALS (a) The following tests, as required by the Engineer, shall be paid by the OWNER: 1. Casting and compression testing of concrete cylinders. 2. Compaction tests when the results are satisfactory. 3. Asphalt cement extraction tests. (b) The following tests shall be paid by the CONTRACTOR: 1. COMPACTION TESTS WHEN THE RESULTS ARE NOT SATISFACTORY. 2. ENTRAINMENT TESTS AND SLUMP TESTS DURING CONCRETE WORK. The Contractor shall provide an air meter and operator to determine the entrained air at the time of placement as requested by the Engineer. The frequency of the tests required shall vary with the consistency of the results. (c) The Engineer may require documentary evidence to the effect that materials (granular material , etc.) to be supplied by the Contractor comply with the terms of the specifications. Such evidence must be in the form of a certified copy of a laboratory report from a recognized testing company acceptable to the Engineer. No costs in connection with these tests shall be borne by the Owner. (d) Where a product name is mentioned in this specifications, the Contractor may use an alternative or substitute product, provided that such product is proven to the satisfaction of the Engineer to meet the requirements of the specifications, as outlined in (b) above. (e) Unless otherwise specified, all materials shall be new. 5. OFFICE The Contractor will be required to make his own arrangements regarding temporary buildings or workshops as may be required. He must, at his own expense, establish near the site of the works and keep open at all times during the execution of the work, an office for his own use, where notices and instructions from the Owner and the Engineer may be received. The Contractor shall install , without cost to the Owner, a telephone in the aforementioned office for the duration of the Contract. The party making long distance or toll calls shall pay for same. III SUPPLEMENTARY GENERAL CONDITIONS SGC-2 • 6. STORAGE YARDS The Contractor shall be responsible for arranging for adequate storage yards beyond the limits of the road allowance. 7. CUTTING AND FITTING The Contractor shall do all cutting and fitting of his own work and of other work that may be required to make the several parts come together properly. The Contractor shall not endanger any work by cutting, fitting or otherwise and shall not cut or alter the work of any other Contractor save with the consent of the Owner's representative. Connections must be made with factory manufactured fittings of material approved by the Engineer. The Contractor shall , at no extra cost, maintain a reasonable supply of fittings to facilitate connections to various sizes of various existing materials whether shown on drawings or not. 8. WATER SUPPLY The Contractor shall make his own arrangements for the supply of water and pay for all the costs involved. 9. LAYOUT WORK The Engineer shall establish all necessary alignment and grade stakes. The Lontractor shall provide qualified personnel to properly lay out and transfer all lines and grades necessary for construction. The Contractor shall assume full responsibility for detail , dimensions and elevations measured from the alignment and grade stakes provided by the Engineer. The Engineer shall be notified of any layout work carried out and shall check same if he so desires. Checking of layout and/or grades or failure to do so on the part of the Engineer in no way relieves the Contractor of full responsibility for construction to the proper location, grade and alignment. The Contractor shall not rely on the Engineer's Inspector to ensure that the grades are satisfactory. The Contractor shall furnish the Engineer with any reasonable help which may be required in setting out, inspection and testing of the work. The Contractor shall give the Engineer reasonable notice of the time and place where the lines and grades will be needed. SUPPLEMENTARY GENERAL CONDITIONS SGC-3 • 9. LAYOUT WORK (Cont'd) The Contractor must use a LASER BEAM for sewer and watermain work. Appurtenances, services, etc. must be laid on uniform line and grade. THE CONTRACTOR MUST HAVE A LEVEL AND ROD ON SITE, AND MUST PERIODICALLY CHECK THE PIPE GRADE DURING LAYING. THE ONUS IS ON THE CONTRACTOR TO ENSURE THAT COMPLETED WORK IS TO THE DESIGN ELEVATION, GRADE AND ALIGNMENT. 10. TRENCH EXCAVATORS' PROTECTION ACT (CONSTRUCTION SAFETY ACT) In order to avoid any misunderstanding as to the nature of the work to be performed herein, the Contractor by executing this Contract, unequivocally acknowledges that it is the constructor within the meaning of the Occupational Health and Safety Act, and the Contractor undertakes to carry out the duties and responsibilities of a constructor with respect to the work. All excavation shall be carried out in accordance with the Trench Excavators' Protection Act, Construction Safety Act, and the Occupational Health and Safety Act. It is specifically drawn to the attention of the Tenderer that the Trench Excavators' Protection Act provides in addition to other things that, "It is the duty of a contractor, (a) to ensure that this Act and the regulations are complied with, (b) at least once in each eight-hour period that a person is working in or near a trench to cause to be inspected by a person will experienced in such work: i) the condition of the trench; ii) the shoring and timbering provided for the safety of any person in or near the trench; iii) the soil or rock piled and equipment stored or used in or near the trench, and iv) the fences, ladders and other things provided for the safety of any person in or near the trench, and the person making such inspection shall forthwith take any remedial action that he deems necessary to protect the safety of any person in or near the trench." • SUPPLEMENTARY GENERAL CONDITIONS SGC-4 10 10. TRENCH EXCAVATORS' PROTECTION ACT (CONS. SAFETY ACT) (Cont'd) It should also be pointed out that the word "trench" has a very extended meaning in the Act and generally means any excavation, the maximum depth of which exceeds the smallest width. For accuracy, reference should be made to the Act as amended. The Contractor shall comply with the requirements of the Trench Excavators' Protection Act, amendments thereto and regulations made thereunder. 11. OCCUPATIONAL HEALTH AND SAFETY ACT The Contractor shall ensure compliance on his part and on the part of all his Subcontractors with the applicable Workers' Compensation and Occupational Health and Safety legislation, and any regulations thereunder, in particular provisions of said legislation or regulations thereunder having to do with the prevention of accidents, the prevention of diseases and the provision of safe working conditions, including the proper sanitation and ventilation. In any case where pursuant to the provisions of the Workers' Compensation or Occupational Health and Safety legislation the appropriate board of authority orders the Contractor or one or more of his Subcontractors in respect of their operations under this Contract to cease operations because of failure to install or adopt safety devices or appliances directed by order of the said board or authority, or required under said legislation or regulations thereunder, or because said board or authority is of the opinion that conditions of immediate danger exist that would be likely to result in injury to any person, the Contractor shall cease operations forthwith and shall ensure immediate compliance on his part and on the part of all his Subcontractors with such orders. The Contractor shall provide to the Owner, on the Engineer's request, evidence of such compliance with the requirements of the applicable Workers' Compensation and Occupational Health and Safety legislation and any regulations or orders there under, including payments due for Workers' Compensation Insurance. 12. PUBLIC UTILITIES SERVICES (a) The location of existing services are shown on the drawings. These locations are to be considered only as a guide and no guarantee is made as to their accuracy or completeness. SUPPLEMENTARY GENERAL CONDITIONS SGC-5 • 12. PUBLIC UTILITIES SERVICES (Cont'd) (b) The authorities responsible for the various services in the Contract area are as follows: PUBLIC UTILITY COMMISSION Hydro power lines and cables Watermain MUNICIPALITY Storm and sanitary sewers AMTELECOM Telephone cables NATURAL RESOURCE GAS Gasmains (c) Before undertaking any excavation, or other work which may conflict with underground or overhead services, the Contractor shall be responsible for giving adequate notice to the various authorities concerned in order that they may arrange to be present to give clearance for the work to proceed. (d) With the exception of sewers, any relocation of services will be carried out by the appropriate authorities responsible. Prior to the commencement of the work, the Contractor shall confer with all authorities and other companies concerned to establish a proper schedule of operations in order that any relocation work is carried out efficiently with respect to all parties. The Contractor shall co- operate with the respective authorities in maintaining services throughout the period of construction. (e) No direct payment shall be made to the Contractor for locating and protecting utilities, or for co-operating with their owners in their removal or relocating, but the cost thereof shall be included in the prices tendered for the various items scheduled in the Tender. The Contractor shall be liable to the utility company involved for any damage to the structure, cables, pipelines, poles or equipment of any utility. The Contractor shall have no claim for any damages, inconveniences or delays occasioned by this work, but shall delay his work so as to co- operate with the utility companies as directed by the Engineer. (f) The Contractor shall be responsible for informing the utilities and other companies of work progress. • SUPPLEMENTARY GENERAL CONDITIONS SGC-6 • 13. MAINTAINING FLOW OF SEWERS AND DRAINS The Contractor shall be responsible for maintaining the flow of all sewers, drains or inlet connections and all water courses which may be met with during the progress of the work. 14. INSPECTION OF WORK The Owner or the Engineer on his behalf and their representative shall at all times have access to the work wherever it is in preparation or progress and the Contractor shall provide proper facilities for such access and for inspection. If the Specifications, the Engineer's instructions, the laws or the ordinances of any public authority require any work to be specially tested or approved, the Contractor shall give the Engineer timely notice of its readiness for inspection, and if the inspection is by an authority other than the Engineer, of the date and time fixed for such inspection. Inspections by the Engineer shall be promptly made. If any such work should be covered up without approval or consent of the Engineer, it must, if required by the Engineer, be uncovered for examination and made good at the Contractor's expense. Re-examination of questioned work may be ordered by the Engineer. If such work be found in accordance with the Contract, the Owner shall pay the cost of re-examination and replacement. If such work be found not in accordance with the Contract, through the fault of the Contractor, the Contractor shall pay such cost. 15. ON-SITE INSPECTION The Inspector's duties are limited to recording information for payment and "as-constructed" file purposes, and observing materials and methods of construction and reporting same to Engineer. Deviations in materials, methods of construction and design can be authorized only by the Engineer. Grade checks on pipe inverts during pipe laying may or may not be made by the Inspector. Any grade checks made in no way relieves the Contractor of full responsibility for construction to the proper location, grade and alignment. 16. WATER, SNOW AND ICE The Contractor shall assume full responsibility for all damage done to the works through the influence of water, snow and ice. He shall make good any damage so caused without extra cost to the Owner within the time designated by the Engineer. S SUPPLEMENTARY GENERAL CONDITIONS SGC-7 ' 17. PROVISION FOR TRAFFIC DURING CONSTRUCTION (a) Sidewalks The Contractor shall specially consider the convenience of the public. He shall not obstruct any driveway or footwalk any longer or to any greater extent than necessary. He shall provide ample means of access to businesses and residences for both pedestrian and vehicular traffic. He shall construct and maintain suitable and convenient structures for crossing and bridging where an undue hardship is imposed upon pedestrian and vehicular traffic. The Engineer may order that such facilities be improved or extended. (b) Closing Streets With the consent of the Engineer, the Contractor may close a public street, avenue, lane or other public place or a portion of a public street, avenue, lane or public place from traffic or use by the public, in which case, the Contractor shall erect the necessary barriers and provide signs or notices indicating "Close to Through Traffic" which barriers shall be sufficiently lighted at night. The number of notices and their location shall be in accordance with the MTO TRAFFIC CONTROL MANUAL, and they shall be maintained and kept in a safe and proper condition to the satisfaction of the Engineer by the Contractor for such period as the Engineer may require. (c) Traffic Any street, roadway, thoroughfare or pavement or portion thereof, which can or should, in the Engineer's opinion, be thrown open for the use of the public with detriment to the work, whether the same is only partially constructed or not, must be so thrown open, all barriers removed and all approaches thereto made possible, convenient and safe for the public by the Contractor at any stage of the work if so directed by the Engineer; otherwise, the Engineer shall cause the same to be done at the Contractor's expense. (d) Flagging Flagging for traffic control on this Contract shall be in conformance with the procedure outlined in the pamphlet entitled "Correct Methods of Traffic Control" issued by the Construction Safety Association of Ontario. Each flagman shall , while controlling traffic, wear either: 1. an approved fluorescent blaze orange or red safety vest; 2. or an approved fluorescent blaze orange or red armband on each arm and a similar hat. 0 SUPPLEMENTARY GENERAL CONDITIONS SGC-8 17. PROVISION FOR TRAFFIC DURING CONSTRUCTION (Cont'd) • (e) Barriers and Lights The Contractor shall , without notice or order from the Engineer, erect and maintain such barriers and lights as may be necessary to ensure safety to the public. TRENCH EXCAVATIONS SHALL BE ENCLOSED WITH SNOW FENCE TO RESTRICT ACCESS TO TRENCHES BY CHILDREN. (f) Detours The Contractor will supply, erect and maintain detour signs. (g) Maintenance of Barriers, Lights and Signs THE CONTRACTOR SHALL PROVIDE A WATCHMAN TO MAINTAIN ALL BARRIERS, LIGHTS AND SIGNS AFTER WORKING HOURS AND ON WEEKENDS AND HOLIDAYS. 18. PROTECTION OF ADJOINING PROPERTIES The Contractor shall avoid damage to any private property and shall not trespass without express permission from the Owners concerned. Any damage which occurs to adjoining private properties shall be completely repaired by the Contractor at his own expense and to the satisfaction of the Engineer. The Contractor shall provide a written release from the Owners of private property re damages. 19. CLEANLINESS OF THE WORK (a) The Contractor shall keep the work and the site in a neat and orderly condition at all times. Waste materials, rubbish and debris shall not be allowed to accumulate, but shall promptly and regularly be removed from the site by the Contractor. Contractor's plant and temporary structures and excess materials shall be promptly removed from the site when they are no longer needed for the progress of the work. (b) On completion of the works, the Contractor shall promptly remove all remaining materials, rubbish, litter, debris, temporary structures, excess materials and plant and shall clean up the site and works to the satisfaction of the Engineer. The Contractor shall provide a written release from the Owner of the site used for the site offices and construction materials indicating satisfaction with the condition of the site. SUPPLEMENTARY GENERAL CONDITIONS SGC-9 ' 20. CONTRACTOR'S GENERAL OBLIGATION The Contractor is to include in his Contract Unit Prices and Lump Sums for the execution of all works or obligations, including any necessary licenses or permits, described in the Specifications and Drawings, particularly, under the Supplementary General Conditions, whether or not such work or obligation is set out in the Form of Tender. Particular attention is drawn to the Contractor's general obligation to provide, erect and maintain detours, including flagmen, signs, barricades, lights and watchman. 21. SANITARY CONVENIENCES The Contractor shall provide and properly maintain in clean condition, a suitable and convenient privy or closet accommodation for his men, so that they shall not be a source of inconvenience, complaint or nuisance to the public or to the residents in the vicinity of the works. 22. PRESERVATION OF TREES The Contractor shall be required to exercise utmost caution to ensure that no living trees or hedges are damaged by his operations or his execution of this Contract. 23. DISPOSAL OF MATERIALS Refer to Note 6 on Drawing No. 1. The Engineer shall approve haul roads or order that alternate roads be used. The Contractor shall be responsible for correcting noise and/or dust complaints from the use of such haul roads by his equipment. Trucks shall not be overloaded or loaded in such a manner as to allow materials to drop along haul roads. Clay, asphalt, concrete and other unsuitable materials shall be disposed of by the Contractor at disposal sites obtained by the Contractor. 24. IRON BAR MONUMENTS The Contractor shall be responsible for replacement of iron bar monuments, damaged through his negligence, by an Ontario Land Surveyor. The Contractor shall mark iron bars with steel fence posts. SUPPLEMENTARY GENERAL CONDITIONS SGC-10 • 25. DUST CONTROL The Contractor shall keep dust caused by trucking on paved streets to a minimum at his own expense either by sweeping or applying water. 26. DEFECTIVE WORK The Engineer may carry out inspections of the installed sewers by television camera, photographic camera or any other means and the Contractor shall provide at no additional cost to the Owner such unskilled assistance as the Engineer may require therefor. Provided that no defective work is indicated by such inspections, the whole of the cost for inspectors, trained operators, equipment rental and materials shall be borne by the Owner. If, however, defective work is indicated by such inspections, the Contractor shall bear a part of the total inspection cost in the proportion that the number of defective sections of sewer bears to the total number of sections inspected being defined as a length of pipe between adjacent manholes. 27. CONFLICTS AND OMISSIONS In the event of any inconsistency or conflict in the contract documents, the following shall take precedence and govern in the following order: Addenda (i .e. precedence over Plans) Plans Form of Tender Information for Tenderers Supplementary General Conditions Specifications General Conditions 28. TRAFFIC SIGNS Stop signs and/or yield signs removed during construction shall be replaced immediately when the street is reopened for use. The Contractor shall be responsible for damage caused to the signs during removal and erection. The permanent installation of the signs shall be by the Municipality after the project has been completed. 29. STREET NAME SIGNS The Owner shall remove and replace street name signs. The Contractor shall advise the Owner 24 hours in advance when a sign is to be removed. III SUPPLEMENTARY GENERAL CONDITIONS SGC-11 • 30. LOCAL ROADS The Contractor shall so conduct his operations on the site of these works that the use of adjacent roads by vehicles employed under this Contract will not endanger public, pedestrian and vehicular traffic thereon nor hinder the use of such facilities. The Contractor shall clean and maintain the cleanliness of adjacent roads and the property occupied by him from waste material or refuse resulting from his operations to the satisfaction of the Engineer. Trucks hauling excavated material , cement, sand, stone or other loose material to or from the site shall have their loads trimmed and their bodies shall be tight in order that no spillage of their loads will occur. In general , the Contractor's truck and equipment operations on all roads shall be governed by the Highway Traffic Act, local traffic ordinances and regulations of the local Fire, Police, Traffic and Works Departments. Should the Contractor, in the opinion of the Engineer, be negligent in his duties in maintaining proper street cleanliness, the Owner will take the necessary steps to perform such cleaning and shall charge the Contractor all costs therefor. 31. ERRORS AND OMISSIONS BY CONTRACTOR Errors, mistakes, omissions or unauthorized changes made by the Contractor or his agents, workmen or employees and all damage that may result therefrom shall be rectified by the Contractor at his own expense. 32. CONFLICT WITH UTILITIES The Contractor shall expose utilities in advance of construction to assist the Engineer in determining if the proposed work will conflict with any existing plant. The onus shall be on the Contractor to anticipate if a conflict may occur and to proceed with exposing the existing plant far enough in advance to allow the Engineer to decide on remedial measures to resolve the conflict. Delays resulting from the Contractor not allowing the Engineer sufficient time to enact remedial measures shall be at the Contractor' s expense. 411 SUPPLEMENTARY GENERAL CONDITIONS SGC-12 • 33. COST OF POWER AND FACILITIES AT THE SITE The Contractor shall provide and shall bear the costs of all electricity, fuel , water and sanitary facilities required for, or at the site of, the works up to the date of acceptance by the Engineer. Such costs incurred after the said date shall be borne by the Owner save that any such costs incurred in completing unfinished work or rectifying deficiencies may, at the discretion of the Engineer, be charged against the Contractor. 34. EXCESS LOADING OF MOTOR VEHICLES The Contractor shall not cause or permit to be loaded beyond the capacity for which it is licensed, any vehicle used on the work under this Contractor, whether such vehicles are registered in the name of the Contractor or otherwise. 35. ERRORS IN CONTRACT DOCUMENTS The Contractor shall review the contract documents and promptly report to the Engineer any error, inconsistency or omission he may discover. If the Contractor does discover any error, inconsistency or omission in the contract, he shall not proceed with the work affected until he has received corrected or missing information from the Engineer. The Contractor shall provide reasonable time at no cost for such resolution by the Engineer. The Contractor shall accept all risks for any solutions assumed by him without the Engineer's consent pursuant to Section 30. 36. AGENTS OF OWNER The Contractor agrees that any indemnification or remedies available to the Owner as signator to this Contract shall be extended and be applicable to any agents of the Owner, including the Engineer. • SUPPLEMENTARY GENERAL CONDITIONS SGC-13 • RECONSTRUCTION OF ADDISON STREET AREA 9509 VILLAGE OF PORT BURWELL SPECIFICATIONS PART 1 SEWERS 1. 1 DESCRIPTION (a) SCOPE OF WORK The Contractor shall provide all labour, equipment, supervision and supply and material necessary to complete the work as shown in, described by or reasonably inferable from the Drawings and Specifications of the sizes and classes specified complete with manholes, private drain connections, appurtenances, etc. The work shall include all necessary excavation, backfilling, testing and clean-up. 1.2 MATERIALS (a) PIPE All pipe, couplings and fittings shall be watertight and free from cracks, fractures or other defects. The Engineer may require documentary evidence to the effect that pipe materials supplied by the Contractor shall comply with the terms of the specifications. • SPECIFICATIONS PART 1 SEWERS 1. III 1.2 MATERIALS (Cont'd) (a) PIPE (Cont'd) (i) CONCRETE PIPE All non-reinforced sewer pipes shall conform to A.S.T.M. Specification C-14-63-SS, or latest amendment unless otherwise noted. All concrete sewer pipes up to an including 375 mm diameter shall conform to A.S.T.M. Specification C-14, or latest amendment unless otherwise noted. All concrete sewer pipe 450 mm diameter and over shall conform to A.S.T.M. Specification C-76-61-T or latest amendment, unless otherwise noted or required to meet strength or depth conditions. The ends of concrete sewer pipe may be either bell and spigot or tongue and groove type. The ends shall be uniform to ensure accurate joint surfaces. Rubber gaskets shall conform to A.S.T.M. Specification C-443-60-T and shall be Tylox Type C for tongue and groove type, or Texton Type K for bell and spigot type, both as manufactured by the Hamilton Kent Manufacturing Company of Cooksville, Ontario or the equal approved by the Engineer. (ii) POLY VINYL CHLORIDE PLASTIC PIPE P.V.C. Gravity Sewer Pipe and Fittings for sanitary sewer shall conform to A.S.T.M. Standard D3034. Sewer main pipe shall have a Dimensions Ratio (DR) of 35 maximum. The pipe shall have locked in gasket and integral bell joint features. Pipe stiffness shall be not less than 46 p.s.i . and shall conform to A.S.T.M. Standard 02412. (iii) CORRUGATED METAL PIPE (If Required) Corrugated metal pipe, riveted type shall have standard annular corrugated couplers consisting of 600 mm wide rod and lug type with neoprene gasket. . Continued. . . SPECIFICATIONS PART 1 SEWERS 2. • • 1.2 MATERIALS (Cont'd) (a) PIPE (Cont'd) (iii) CORRUGATED METAL PIPE (IF REQUIRED) Corrugated metal pipe not designated as riveted may be the helical type (Hel-Cor) with rerolled annular corrugations to permit the use of annular corrugated coupler bands. The dimple type coupler with a wedge or the Hugger Band will not be acceptable. Diameters, wall thickness and coatings shall be as designated on the Drawings. (iv) PLASTIC TUBING Perforated and solid plastic tubing used for miscellaneous drains shall be agricultural tubing as manufactured by the Big '0' Tile Company Limited or equal . All perforated tubing shall have the sock filter. (v) GENERAL In addition, the joints shall conform to the requirements of the Ministry of Environment and Energy. Connections to the new sewers must be made with factory manufactured tees or laterals. The Contractor may be required to locate existing drains at the property line prior to placing tees, in areas where the location of existing services is uncertain. Connections to the existing storm sewer shall be made by breaking a hole into the pipe, small enough to permit a short bell end of pipe to rest on the existing pipe. The stub shall be cut to suit the internal shape of the existing pipe and shall be positioned in place with quick-set cement. The inside shall be hand finished through the tee branch. (b) BEDDING MATERIAL HL 4 STONE BEDDING SHALL BE USED ON ALL TRENCHES. THE FILTER CLOTH PLACED ON THE BEDDING MATERIAL AT SPRINGLINE OF THE PIPE SHALL BE TEXEL 7612 OR EQUAL. Well pointed trenches will require a woven filter fabric (Texel 7612 or approved equal) complete enveloping the bedding and pipe. • SPECIFICATIONS PART 1 SEWERS 3. • 1.2 MATERIALS (Cont'd) (c) BACKFILL MATERIAL All backfill material shall be clean dry sand except at undercrossings where HL 4 stone shall be used. (d) SHEETING, SHORING AND PILING All plank used for sheeting, sheet piling or lagging, and all timber used for braces, shores and stringers, or waling strips, shall be of an approved timber quality; sound, straight, free from cracks, shakes, large or loose knots and exhibit the required dimensions throughout. (e) PRECAST MANHOLES Precast manhole sections shall be to the dimensions and sizes shown on the Drawings. The precast sections shall comply with the current A.S.T.M. Specification C478 for precast reinforced concrete manholes. Steps shall be safety aluminum grade 65ST4 spaced at 300 mm intervals. Safety gratings shall be aluminum as manufactured by Oaks Precast Industries or approved equal . Transite manhole couplings or approved sand-coated nipples shall be used at all manholes to receive poly-vinyl chloride plastic pipe. Storm sewer manholes shall be complete with weepholes. (f) PRECAST CATCHBASINS Catchbasins shall be standard precast square catchbasins as shown on the Drawing, complete with weepholes. (g) CASTINGS (i) Manhole frames and covers shall be cast iron heavy duty round pattern with 575 mm diameter opening. OPSD 401.01 open type cover for storm sewer and OPSD 401.01 closed type cover for sanitary sewer, unless otherwise noted on the Drawings. (ii) Catchbasin frames and grates shall be 600 mm square, OPSD 400.11. S SPECIFICATIONS PART 1 SEWERS 4. • 1.3 CONSTRUCTION METHODS (a) SETTING OUT All pipe shall be laid on the line to the grade shown on the drawings or determined by the Engineer. Any variation therefrom shall be correctly relayed. The Contractor shall use a LASER beam and shall be responsible for setting the LASER correctly from the line and grade given by the Engineer. The pipe invert shall be checked by the Contractor a short distance upgrade from each manhole to ensure that the laser is operating satisfactorily. It is the Contractor's responsibility to ensure that his equipment is operating properly to the satisfaction of the Engineer. The Engineer shall be notified of any layout work carried out and shall check same if he so desires. Checking of layout work or failure to do so on the part of the Engineer in no way relieves the Contractor of full responsibility for construction to the proper location, alignment and grade. (b) EXCAVATION All excavation shall be carried out according to the Construction Safety Act as per Section 10 of the Supplementary General Conditions. The Contractor shall maintain the flow of all sewers or drains encountered. Abandoned pipes to remain in place shall have ends sealed with cement mortar. Abandoned pipes removed shall be separated from fill and disposed of. All ditches, swales and trenches shall be excavated beginning at the lowest and proceeding towards the upper end and shall be true to the line, grade and cross-section indicated on the Drawings. When trenches are excavated wider than the above maximum, caused by the use of power equipment, lack of bracing or other reasons, any increase in quantities of excavation, sand, gravel , or other backfill , or other items incurred by the excess width shall be made with thoroughly compacted selected granular material . 411 SPECIFICATIONS PART 1 SEWERS 5. • 1.3 CONSTRUCTION METHODS (Cont'd) (b) EXCAVATION (Cont'd) Where the bottom of the trench is in unsuitable soils, such soft materials shall be removed to the depths directed by the Engineer and replaced with HL 4 stone so as to secure a good foundation. Excavation shall proceed only as far in advance of pipe laying as shall be permitted by the Engineer, but shall not exceed 30 metres. IN GENERAL, ALL WATER ENCOUNTERED IN TRENCHES SHALL BE PUMPED OR BAILED OUT AND IN NO CASE SHALL THE PIPE BE USED AS A DRAIN FOR SUCH WATER. NO PIPE SHALL BE LAID IN WATER. The Contractor shall be responsible for ensuring that pipe do not "float" in high water conditions. Any pipe that has floated shall be relayed at the Contractor's expense. In locations where other utility lines are to pass above the sewers, backfill shall be hand placed in lifts of not greater than 150 mm and compacted by means of power ramners to 95% Proctor density or as shown on the drawings. Extent of consolidated backfill shall be 2 m on either side of the crossed utility centreline. The utility lines shall be supported to the approval of the appropriate authority. (c) PIPE BEDDING The bedding material shall be compacted to a density of 95% Proctor density as determined by the current A.A.S.H.O. Method T-99-38. (d) SHEETING. SHORING AND PILING The Contractor shall sheet and shore his excavation where necessary to prevent caving-in of adjacent material , which would result in damage to nearby installations. The tendered prices shall allow for all necessary sheeting and shoring. (e) PIPE INSTALLATION Pipe, fittings and all accessories must be loaded and unloaded by lifting with hoist or skidding so as to avoid shock or damage. Under no circumstances shall such material be dropped. Pipe handled on skidways shall not be skidded or rolled against pipe already on ground. S SPECIFICATIONS PART 1 SEWERS 6. • 1.3 CONSTRUCTION METHOD (Cont'd) (e) PIPE INSTALLATION (Cont'd) Every precaution shall be taken to prevent material from entering the pipe while it is being placed in the line. If the pipe laying crew cannot put the pipe into the trench and in place without getting dirt into it, a heavy tightly woven canvas bag of suitable size shall be placed over each end and left there until the connection is to be made to the adjacent pipe. All trench water shall be removed while pipe laying is in progress. Whenever pipe laying is discontinued for any length of time, a stopper must be placed into the end of the pipe line to prevent water or earth from entering it. THE CONTRACTOR MUST HAVE A WATERTIGHT PLUG AVAILABLE AT ALL TIMES TO FIT MAIN SEWERS. THIS PLUG MUST BE IN PLACE WHENEVER PIPE LAYING IS DISCONTINUED. TO AVOID INTERFERENCE WITH THE LASER, THE CONTRACTOR MAY BE INSTRUCTED TO PLACE THE PLUG IN THE OUTLET PIPE OF THE MANHOLE. The private drain connections shall be firmly positioned in place by tamping clear stone under and moist sand around the pipe. The end of the sewer service pipe shall be plugged (if not connected) and its location marked with a 50 mm x 100 mm extending from the invert of the pipe to the ground surface. THE END OF THE 50 mm x 100 mm SHALL BE PAINTED RED FOR SANITARY AND GREEN FOR STORM. (f) MANHOLES Where ordered by the Engineer, stubs shall be provided in manholes for future connections. All such stubs shall be properly plugged with precast concrete plugs or stoppers. Existing manholes or other structures which are broken open to receive new pipe connections shall be properly patched, grouted and finished to the satisfaction of the Engineer. The base for the precast manholes shall be rough formed and poured in place to the dimensions shown. The first riser precast section shall be placed in the fresh concrete to a depth of 75 mm as shown. The concrete shall then be allowed to harden to form a secure and watertight joint between the poured concrete base and precast section. The remaining precast sections may then be added. Alternatively, precast manhole bases may be used with stone bedding. Precast bases shall be set to the specified grade and shall have uniform overall contact with the underlying bedding. The remaining precast sections shall then be placed plumb and true to grade. Any adjustment of the unit for plumb, alignment or grade shall be carried out by lifting the unit free of the excavation, levelling the base, and replacing the unit to proper alignment and grade. 111 SPECIFICATIONS PART 1 SEWERS 7. 1.3 CONSTRUCTION METHODS (Cont'd) (g) BACKFILLING (i) BACKFILLING TO MID-DIAMETER OF PIPE Bedding material as specified in Section 1.2(b) and as shown on the drawing shall be deposited in the trench uniformly on both sides of the pipe for the full width of the trench and to the mid-diameter of the pipe. THIS MATERIAL WILL BE COMPACTED PRIOR TO ADDITIONAL BACKFILLING. (ii) BACKFILLING REMAINDER OF TRENCH Succeeding layers of backfill material , as specified in Section 1.2(c) may contain coarser materials and shall be free from brush or any other perishable or objectionable material that would prevent proper consolidation or that might cause subsequent settlement. The backfill must be placed and compacted to 95% Proctor density in 600 mm maximum layers by mechanical means. Backfill pushed into the trench by a bulldozer must be rolled down a slope, not pushed directly over the edge of the trench and allowed to drop. Excavation shall be kept free of water while backfilling is in progress. The Contractor shall be responsible for making good all settlement and restoring any damage resulting from settlements. (h) TESTING Sewers shall be made watertight against infiltration and exfiltration. The permissable EXFILTRATION rate is 1.40 litres per 25 mm of conduit barrel (internal diameter) , per 30 m of line length, per hour with 600 mm head of water above the highest pipe. This rate is to be increased by 10%c for every additional 600 mm head. The permissable INFILTRATION rate is 1.14 litres per 25 mm conduit barrel (internal diameter) , per 30 m of line length, per hour. The Contractor shall furnish all labour, tools, rope, etc. necessary for examining the manholes and pipes when completed. The Contractor shall also furnish the necessary labour to assist the Engineer in measuring up the work and in opening manholes, etc. for examination of the work. • SPECIFICATIONS PART 1 SEWERS 8. 1.3 CONSTRUCTION METHODS (Cont'd) (i) CASTINGS AND ADJUSTMENTS Manhole frames and covers and catchbasin frames and grates shall be adjusted to suit the grade of this contract as directed by the Engineer using moduloc sections with ladder rungs as required. The Contractor shall replace deteriorated brickwork with moduloc or precast sections as directed by the Engineer. Catchbasin adjustments in excess of 300 m shall be completed with precast sections. The Contractor shall remove foreign material from all manholes and catchbasins adjusted whether placed by or previous to his operations. ALL MANHOLE COVERS AND CATCHBASIN GRATES SHALL BE SET ON FILTER FABRIC DURING CONSTRUCTION. Castings damaged by Contractor shall be replaced at no expense to the Owner. (j) MAINTENANCE All road cuts shall be maintained by the Contractor during construction and until the project is accepted by the Engineer. Road cuts shall be maintained with materials approved or requested by the Engineer at no extra cost to the Contract. 1.1 MEASUREMENT AND PAYMENT (a) PIPE All pipe, including catchbasin connections and private drain connections shall be measured and paid for in lineal metres measured from centre to centre of manholes or from points of connection or capped ends. Connection of existing drains to revised outlets as requested by the Engineer will be measured likewise under appropriate items for private drain connections or catchbasin connections. Connections shall be measured along the centreline of the pipe (following bends) past adaptors to the point of connection or capped ends. SPECIFICATIONS PART 1 SEWERS 9. • 1.4 MEASUREMENT AND PAYMENT (Cont'd) (a) PIPE (Cont'd) Payment shall include the following: - maintaining flow of existing sewers and drains - removal of existing pipe as encountered or adjacent to new sewers, including separation from backfill - supply and placing of pipe - supply and placing imported sand backfill to road subgrade - excavation, disposal and levelling of unsuitable and excess material at disposal sites - placing filter cloth at pipe springline - dewatering trenching, including well pointing and woven filter fabric if required - sheeting and shoring where required - supply, placing and compaction of stone bedding, including additional stone in poor soil conditions, for sewer undercrossings - breaking and entering existing manholes and catchbasins, rebenching as required - connecting existing sewers and private drain connections, including cleaning 2 metres upstream from connections - capping of abandoned sewers with cement mortar - timber supports for utility crossings - fittings, bends, adaptors, plugs, wood markers - testing - maintenance of road cuts, driveways - locating existing private drain connections - dust control by sweeping - couplers at manholes for PVC pipe - exposing utilities prior to laying sewer in areas of anticipated conflict - use of temporary water-tight sewer plugs on mainline - cleaning sewers - RESTORATION OF SURFACE FEATURES as indicated on the Drawings (b) PRECAST MANHOLES The tender price per vertical metre of depth for manholes shall include the supply and installation of same, including benching, stubs for future connections, filter fabric, excavation, supply, placing and compaction of backfill , connection of existing sewers, adjustment to grade, etc. , but EXCLUDING covers and frames. Measurement shall be made from the effluent invert to the underside of the frame. III SPECIFICATIONS PART 1 SEWERS 10. • 1.4 MEASUREMENT AND PAYMENT (Cont'd) (c) MANHOLE FRAMES AND COVERS OR GRATES Payment for frames and covers or grates shall be at the bid unit price and shall include the supply and installation of same. (d) CATCHBASINS The unit price bid for catchbasins shall include the supply and installation of same, including excavation, backfilling, etc. and INCLUDING frames and grates, filter fabric, and adjustment sections. The unit price bid for removing and relocating existing catchbasins shall include adjustment to grade at new location and sand backfill at former location. Adjustments in excess of 300 mm, required to suit Drawings or as requested by the Engineer, shall be made with precast extensions and shall be paid at the adjustment unit prices. (e) MISCELLANEOUS All other items shall be measured and paid for at the unit or lump sum prices bid in the Form of Tender and as described or reasonably inferred on the Drawings. Unless indicated otherwise in the Form of Tender„ other items shall include the supply of materials, equipment and labour necessary to complete the item. III SPECIFICATIONS PART 1 SEWERS 11. 9509 111 RECONSTRUCTION OF ADDISON STREET AREA VILLAGE OF PORT BURWELL SPECIFICATIONS PART 2 ROADWORK 2.1 DESCRIPTION (a) SCOPE OF WORK The Contractor shall provide all labour, equipment, materials and supervision necessary to complete the work as shown in, described by or reasonably inferable from the Drawings and Specifications including: ROADWORK in accordance with the provisions of this Specification and conforming to the lines, grades, thicknesses and cross-sections shown on the Drawings or designated by the Engineer. NOTE: Refer to General Notes on Drawing. 2.2 MATERIALS (a) GRANULAR BASE 'B' Granular Base 'B' shall conform to OPSS 1010, EXCEPT that it shall meet the following modified gradation requirements: Sieve Size Percentage Passing 4" (106 mm) 100 7/8" (22.4 mm) 57-100 5/8" (16.0 mm) 47-100 3/8" (9.5 mm) 36- 96 #4 (4.75 mm) 25- 86 #16 (1.18 mm) 10- 67 #50 (300 µ ) 5- 37 #200 (75 µ ) 0- 8 111 SPECIFICATIONS PART 2 ROADWORK 1. • 2.2 MATERIALS (Cont'd) (a) GRANULAR BASE 'B' (Cont'd) Note: Notwithstanding the foregoing, if due to the nature of the particles, the requisite combination of cohesion and compaction necessary to provide for safe and reasonably easy passage for vehicles is not obtained, the Contractor shall , on the Engineer' s directions, either discontinue the use of such materials or shall find a suitable blending material to mix with the original material so as to provide performance under traffic satisfactory to the Engineer; but in no case shall pit run material after blending contain more than eight percent passing the No. 200 sieve. AGGREGATE SAMPLES AND LOCATION OF PIT SHALL BE SUBMITTED FOR APPROVAL TWO WEEKS PRIOR TO USING. (b) GRANULAR BASE 'A' Granular 'A' material shall conform to OPSS 1000, 1010. AGGREGATE SAMPLES AND LOCATION OF PIT SHALL BE SUBMITTED FOR APPROVAL TWO WEEKS PRIOR TO USING. (c) SUBGRADE SUBDRAINS The perforated pipe used for SUBGRADE SUBDRAINS under the curb and gutter shall be PVC Building Sewer Pipe, 100 mm diameter perforated with 16 mm diameter holes at 150 mm centres as manufactured by Scepter Manufacturing or equal . (d) TOPSOIL Topsoil shall be good quality material and free from roots, stones and other deleterious material . A sample shall be submitted to the Engineer for approval . (e) SEEDING Standard MTO approved grass seed mixtures shall be used. Seed must be current year stock and carry a germination guarantee from a reputable seed house. (f) SODDING Sod shall be fresh cut #1 Nursery Turf and shall be free from weeds or insects. (g) FERTILIZER Fertilizer shall be standard commercial fertilizer (5-20-20) for seeding • and (10-10-10) for sodding. SPECIFICATIONS PART 2 ROADWORK 2. • 2.3 CONSTRUCTION METHODS (SHALL CONFORM TO OPSS 206, 310, 314, 501, 570, 571, 572) (a) REMOVAL OF EXISTING WORK Pavement, concrete curbs, sidewalk, catchbasins, manholes, stumps, etc. shall be removed with such equipment and in such a manner as to leave undisturbed adjacent pavement, curbs, sidewalk, structures, utilities and other work to be left in place. Also included in the removal work will be the removal of portions of paved driveways where designated. The broken edges of pavement, sidewalk, and curb and gutter to be left in place shall be squared up as designated by the Engineer. NOTE: THE CONTRACTOR MUST HAVE A CONCRETE SAW ON THE SITE TO FACILITATE REMOVAL OF WORK ADJACENT TO CONCRETE AND ASPHALT AREAS TO BE LEFT UNDISTURBED. Leads to catchbasins, manholes, etc. that are removed shall be suitably plugged with cement mortar. Manhole and catchbasin frames, and covers and grates shall be carefully salvaged and delivered to the Works Department. Voids left by removals below subgrade shall be filled with clean sand and compacted to 95% Proctor density. (b) EXCAVATION AND GRADING The Contractor shall excavate all unsuitable or excess material from the roadbed and DRIVEWAYS to the lengths, widths and depths as directed by the Engineer and dispose of all surplus excavated material . Over excavation of subgrade unless ordered by the Engineer shall be brought to grade with suitable material at no cost to the Owner. Excavation shall be carried out in such a manner as to leave undisturbed other work to be left in place and to prevent any damage to the utilities. The top 150 mm of finished subgrade shall be graded using a road grader and then compacted to 100% Proctor density. If necessary, water shall be applied to facilitate compaction. Additional excavation, if required due to poor subgrade, will be ordered at this time. No granular base shall be placed until it has been ascertained whether further excavation is required and the Contractor is so instructed. The Contractor shall co-operate with the utility companies during construction. The Contractor shall provide for the removal and disposal of abandoned utilities encountered within the excavation. SPECIFICATIONS PART 2 ROADWORK 3. . 2.3 CONSTRUCTION METHODS (Cont'd) (SHALL CONFORM TO OPSS 206, 310, 314, 501, 570,571, 572) • (b) EXCAVATION AND GRADING (Cont'd) The subgrade shall on completion be shaped to the specified grade and cross-section. The finished surfaces shall not deviate more than 25 mm from the specified grade and cross-section. Only compacting equipment approved by the Engineer shall be employed to compact the different material types encountered during construction. Generally, the sheepsfoot roller will be used to compact cohesive materials and the self-propelled Steel Wheel Roller will be used to compact non- cohesive materials. The Contractor may, after providing its efficiency by demonstration at his own expense, and after receiving the Engineer' s approval , employ special compacting equipment. (c) GRANULAR BASE Granular base shall be placed, compacted to 100% Proctor and shaped to proper grade and cross-section in uniform layers not exceeding 150 mm in depth. Each layer shall be thoroughly compacted before the succeeding layers are placed. A ROAD GRADER shall be used for all grading operations. The rate of placing material shall be controlled by the adequacy of the compaction obtained. Regardless of the type of equipment used to deposit and spread the base course material , a minimum of one compacting unit shall be required and maintained in effective operation for each 275 tonnes of material placed per hour. Water, if required for compaction, shall be applied immediately ahead of the compacting unit. Application of water shall be with a portable water tank equipped with a spray bar at least 2 m wide. The granular sub-base shall be regularly cleaned, shaped and graded to ensure proper drainage and maintain easy access for passenger cars. The instructions of the Engineer regarding cleaning, grading and shaping of the road shall be promptly attended to by the Contractor. Failure of the Contractor to satisfy the Engineer shall result in the work being done by others and all costs involved being deducted from monies due to the Contractor under this Contract. The Contractor agrees to accept the decision of the Engineer as to the necessity, urgency and extent of such cleaning, grading and shaping as final and binding. 411 SPECIFICATIONS PART 2 ROADWORK 4. I • 2.3 CONSTRUCTION METHODS (Cont'd) (SHALL CONFORM TO OPSS 206, 310, 314, 501, 570,571, 572) (d) CALCIUM CHLORIDE Where directed and after the final layer has been placed and compacted, calcium chloride shall then be applied at the rate of 1 kilogram per square metre (2 lbs/yd2) by means of a mechanical spreader. (e) SODDING AND SEEDING The Engineer shall direct which areas are to be topsoiled and sodded or seeded. Topsoiling of the sites in preparation for sodding or seeding shall be performed by the Contractor who will be required to supply, spread and compact an average of 100 mm of approved imported topsoil material . The area must be graded and compacted before placing topsoil . The sod shall be laid within 24 hours of being lifted. No sod shall be laid in a frozen condition or upon frozen ground, or under any other condition not favourable to transplanting or growth. Fertilizer shall be uniformly spread at a rate of 4.5 kg/100 m2, 48 hours maximum prior to sodding. Seeding shall be in accordance with MTO 572 specification for hydraulic seeding. The Contractor shall be responsible for watering the areas seeded and sodded, and shall be responsible for growth for a 12-month period after the project has been accepted by the Engineer. 2.4 MEASUREMENT AND PAYMENT (a) EXCAVATION AND GRADING Excavation and grading shall be paid for at the lump sums bid in the Form of Tender. Payment for excavation shall be compensation in full for the removal and disposal of pavement, curbs, curb and gutter, sidewalk and for all excavation, grading, borrow material for filling depressions, including removal , hauling and disposal of excavated materials, compaction of subgrade, construction of cross-section to design grade, construction of driveways and levelling of disposal areas. Also included shall be saw cutting and other associated work necessary to complete the removals. SPECIFICATIONS PART 2 ROADWORK 5. • 2.4 MEASUREMENT AND PAYMENT (Cont'd) (b) GRANULAR BASE Granular base 'A' and 'B' shall be measured in tonnes. Granular 'A' used in the restoration of driveways shall be included in this item. The unit price per tonne shall be compensation in full for the supply, placing, grading, blending, if necessary, and compaction, including removing contaminated material , fine grading and compaction. The price shall also include maintenance of the granular base while being used by vehicular traffic during construction. The following conditions must be adhered to in order to receive payment: (i) Materials shall be placed according to the direction of the Engineer. (ii) No material shall be placed before the weigh ticket is received and signed by the Engineer' s representative. (iii) Weighing of materials will conform to the Ministry of Transportation Ontario Form 502 (latest revision) "Construction Specifications for Weighing Materials. " (iv) No payment shall be made for material placed contrary to the above conditions. The Engineer may make deductions for granular materials used to raise areas of over-excavated subgrade to theoretical subgrade level . (c) CALCIUM CHLORIDE Payment for application of calcium chloride will be made for the measured quantities of calcium chloride at the price bid per tonne on the tender for this item. Said price shall be compensation in full for the handling, hauling, manipulating of the gravel surface, spreading, rerolling, compacting and all other costs incidental to the performance of this item. • ` SPECIFICATIONS PART 2 ROADWORK 6. III 2.4 MEASUREMENT AND PAYMENT (Cont'd) (d) LANDSCAPING Quantities of sodding and/or seeding shall be measured in place in square metres. Quantities, measured as provided above, shall be paid for at the contract price per unit of measurement in the Form of Tender, which prices and payment shall constitute full compensation for the supply of all materials and labour necessary to complete the work, including excavation or filling, grading, placing topsoil , fertilizer, seed, sod, staking sod where necessary and maintaining growth for 13 months. In fill areas, payment shall include supply, placing and compacting acceptable fill material . (e) SUBGRADE DRAINS The subgrade drains will be measured from the capped ends to the points of connection into the storm manholes and catchbasin in lineal metres. Payment shall include the following: - excavation and disposal of excess material - supply and placing of pipe - supply and placing of clear stone bedding - geotextile wrap - dewatering necessary for placing bedding and pipe - connecting to catchbasins, storm manholes (f) MISCELLANEOUS All other items shall be measured and paid for at the prices bid in the Form of Tender. Unless indicated otherwise in the Form of Tender, items shall include the supply of materials, equipment and labour necessary to complete the item. 410 SPECIFICATIONS PART 3 ROADWORK 7. •1 • INDEX TO SPECIFICATIONS PAGE PART 1 SEWERS 1.1 DESCRIPTION (a) Scope of Work 1 1.2 MATERIALS (a) Pipe 1 (b) Bedding Material 3 (c) Backfill Material 4 (d) Sheeting, Shoring and Piling 4 (e) Precast Manholes 4 (f) Precast Catchbasins 4 (g) Castings 4 1.3 CONSTRUCTION METHODS (a) Setting Out 5 (b) Excavation 5 (c) Pipe Bedding 6 (d) Sheeting, Shoring and Piling 6 (e) Pipe Installation 6 (f) Manholes 7 (g) Backfilling 8 (h) Testing 8 (i) Castings and Adjustments 9 (j) Maintenance 9 1.4 MEASUREMENT AND PAYMENT (a) Pipe 9 (b) Precast Manholes 10 • (c) Manhole Frames and Covers or Grates 11 (d) Catchbasins 11 (e) Miscellaneous 11 • , INDEX TO SPECIFICATIONS PAGE PART 2 ROADWORK 2.1 DESCRIPTION (a) Scope of Work 1 2.2 MATERIALS (a) Granular Base 'B' 1 (b) Granular Base 'A' 2 (c) Subgrade Subdrains 2 (d) Topsoil 2 (e) Seeding 2 (f) Sodding 2 (g) Fertilizer 2 2.3 CONSTRUCTION METHODS (a) Removal of Existing Work 3 (b) Excavation and Grading 3 (c) Granular Base 4 (d) Calcium Chloride 5 (e) Sodding and Seeding 5 2.4 MEASUREMENT AND PAYMENT (a) Excavation and Grading 5 (b) Granular Base 6 (c) Calcium Chloride 6 (d) Landscaping 7 (e) Subgrade Drains 7 (f) Miscellaneous 7 -V GENERAL NOTES •E,• - ,,' t. 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Ll V _M /1/--- . 9. 11110011100 MEW : '' MIM ON w 11. 10T' 7 / II MK..ISI CONCRETE ROMEO SWAIN 11 AAMC,FULL DEPTH ADJACENT TO AREAS+0 AEMIN IW PUCE. LIMITS AS 011101E0 IT MINIM AT TIN .�RP.T ,. :� • • 1 I .in 2211_ 4.=ER R._'1 ,l...1,11.11-1_r:1111.111 111 1 ,I / OE S.- 221...._ L 7� .R_,..1.1. 0 TAXES:RAMfO RANG CONSTRUCT IDE MMI.BE TIMID I MU00 CUTS UNTO(SEF NOT(1). 1' 'mar, = '.I CVIS.SIDEWALK.FENCES.CuLVEIIS,ET( 015'%4E0 DUNI%CONSTARTIO LOLL M RESTORED AS MOOED IT EKIIEI. I' _- L. .. _ VA , - S I% .,M V al OIv(M15 LULL IE IMAM IS 01MC1E0 IT'11 EMI111 TO LIMITS LOM CO PLACE. OIIVEWATS SMALL I[AFSTDRED el TI 000 we'.III Al _^�Cy�� 4 'A EMPONAIIr CAMPS LULL IE 1&111110 AT ALL 00Ir[WTS TO PEWIT LAST ACCESS \ .•' J , rr,, : - -- - • TI OUSS YEAS SOIL II 11010010 WIN TDO on'01501 1 SE[OIK 10 1111115 AS 01RECTFO d0 SI IE 1 LOLL IE MIMtA1N0 gtll:,PiN'- LlILL' I:l_J J • 0. O/ \� ESTML I MED. \• .el.= f NM:ALL NSTOUTIM SPALL IE INCLUDE:III vIR MD 11'113351 PRICES MUSS SEPARATE PPM Y!MOv10[0 POR 1.113501&.[+[ '.-., , wREI Ir - ✓ / 0 TIE OO10M7M Mau of 11SPOMSI/L(NI 5'AIMi%A LOCATI0010R(0&TWCTI00 SITE WRAC,TO THE APPROVAL OF TM EKIRFI. XL.N �- a . �S Rvco Q. \_ l LIST OF DRAWINGS 010/11 MwOtsCi11PTION I COVER SHEET 2 ADDISON ST r''',.,..,;r",°,'-WATERLOO a TENNYSON STS I o`ii"T I 3 . • 4 WATERJJO ST 190+`! - d B MISCELLANEOUS DETAILS r RECONSTRUCTION OF ADDISON STREET AREA VILLAGE OF PORT BURWELL • COUNTY OF ELGIN 1 4,a Lid /4 -.10,/,1-17- `ziyvc2 ; .R+ArM „^s.r,� VILLAGE OF--."-T BURWELL . N. CYRIL J. D�EYERE LIMITED / `{ ' I O MEM C COMSUL3(MP0 ENGINEERS f am MDDT • • �l� r' ) T I L L S�ORG,ONTARIO le'Jolt/ (� rDJt.NN.Y:MI .. .. •Z.w�/mow 9509ilk.T994 DWG NEI �� I a rwR ac _._ .Ar Arg. j 1 • I �.��`rte Ss o[rsro.e% \ PROVINCIAL CAMPGROUND ADOISON STREET l '. -mt-`- .�,er t • \ �.•r. •Twr•w•..m $�_` ��+�•�L+v n"a:ua� t' '°s"'1" + • ' _...i ^,1e--; r...�- •'/gr- 4•TP01.! . '�.,j v ......-..r4.� W r . • ...1. -4 .: ; .0 ..) ip ii .......J1 , I :c,•• ' ! ii-j) 1,i : . • . 1. . I r] I i• .. ' 0 C • 1 IL i I 0 • 1 Fin 1, 43 Y 1 Jr LLQ .�:• • • _.. ;St l'-• o IQo I 1 Zp >- 4. n I E .n..w.,Rn..,..�..� • F,• 'j II N •i ry 1]16----- . ,- I . I i lel.: z I. (, t [:1 • :a l ' _• god CRP S• 00t CHATHAM STREET 4•I S` - — ; • g E! ' _ - S bl+ R+ t _ i S TENNT9DN -STREET it s "- _, 194 - `1"".L �=_ - ==�'L ., .. 1 . 21.2 ,. - >aS'ias1i •_p, . • . -- - l';1 194 _, -.P�s • li l : =,, : _ISM 1'3 = - - - ,I FIE .-W*1_.-:_• =----- -- -t'��_} • - aI"s_ _ 193 192 E- : : . - 0. D :a _ L. 211;-:211711-• 4: . Te = 11111§=� _ _ - - —:a.IR - r • �- 192 1► `«.r. - — ;i -_�a¢ Wim' = *s:'„ f � �#. --'_--- - • I•I a O"1 .:'/ IT • -0011111W111- �t� I " 191 190 -_.' ' -. — -r t Y--• ildmm��_ . D�{S00�m __•_ $e= ate= __ 189 _ aaa= ��__ • IM '- _ c pal, — _ __ :�—� SEE O P4't FOR ;E1}ER L NDIrEU 6^g. �rc• \ o en stat. s:- —� . rain=f — I SEE DWG.W4 FOR ST=R E �P GX1� X ._�10.- - +'�' =tea7 .�� a _ _AV_ R� _ + s Amo MA.•DESIGN �J ¢ I- c• 2 - _ ! 4 M R X ,^', 8 .DESIGN TRAINED _ 7 e _ • - _ _ _ _ _ _ - - - _ _ _ - e _ _ 7KD STORY - •P ^tt IVa as • . e_ • s I STORY INVERT y i'/ IV t4 F. a .Y' �F t "VERT STATION g. o El g a a !H .%1i II STATWN of Zz a1 N a al al a E E GIEND METRIC SCALE- HORIZ. I:SOO.VERT. I:SO VILLAGE OF PORT BURWELL ----- PROPOSED STORY SEWER —•— GOMA. 1 EXISTING STORM SEWER • ORITT POLE I"•NN` p„ RECONSTRUC710N OF ADDISON STREET AREA - EXISTING SANITARY SEWER • NM •�! �Q CYRIL J. DEMEYERE LIMITED gDDISON STREET EMNN0.E Y• TESTMOIE • • CAT[NRASIN PwPOSED,IDi STING I • ' RE•OVE.ADJUST,SUTURE = 1 D WIESE ' d cone• CONSULTING ENGINEERS 1 STA 0E000 TO STA OE 350-PLANS PROFILE 1 • EXISTING TMTEPYAN EWT or W0 [ - RaLSONBURG, QV TARi0 WATERVALVE ;�° QP• _ MIITERL00 81 TENNYSON STS • NTORANT .. ' -.— 6eAIED rEIEIMN[ �"' s vrw.r me(pOTey[Tq. I re Y . DE70M M: :PI M•`F.DI.S C1fQ®!T:JDo EADDIlON n TO CNATNAM ST -PLAN NSW OS/lT I No. IIE4904 DAIS ST AGED!N0.IMO DT RSM DAL[: Mr,ASA Mame 1E• NE s W -- -- 1 ; � •.e e r _ — • • . DESIGN DESIGN F/N.SSHEO FINIr EO . t . ' . STOMA STORM INVENT INVERT STATION STATION AO0IS04 STREET LIMIT OF 140AO WORK _ (CHATHAM STREET ' Ei1 E ROAD 199 . X4.443.4 4N4.44040.�s g9 _ 195 9-EE e DESIGN NORTH SWALE 194 0 I 99.... 194 YnWHILEM — - .iv_ _ 193 Yeer_ .r 193 192SII '� ...% ...e4 r a...190911S 192 • r - 0044 . • ' x 1 P 191 • FSI _T f' '— (444-.4o*944999.591..4 .050%(444-.4o*„-euCAN 76N-9D0•CM► .._. __- _ - _ _ _ .. -._ —.. _ I 944999.591..4 .050% I Gse000% 691.9091.4,4 4.4000% 191 1 194 ' 190 — aOSO iEmu WATERLOO STREET 199 .— - ---- -------------- ----- ------ : j . - - 189 188 Ise 197 -. - I 197 DEVON _ _ i FINISHEDS - _ - - l' DORIS,, STONY - t - _ _ ° _ _ ...SHED;TORY INVERT _ 9 INVENT 1.1 STATION ■ 1 I 9 _ I ± s _ STATION SEE DWG.N!I FOR GENERAL NOTES METRIC SCALE Haat 1 SOOT,VERT 150 VILLAGE OF PORT BURWELL SEE DWG. NE 2 FOR PLAN VIEW ° 1./1A/ u.oA.E9 IOF co•AnucTa -- RECONSTRUCTION OF _ S CYF/L ✓ OEE LIMITEDWATERLOO STREET CONSUL TING ENGINEERS 2O � S 7/LLSONBURG,pVIAH/O 1�� ‘,..., Is.M A•• GE N Or TT a JIlW V.A.+aBT' Dl 'JEOE S D B• CJD _- N. 4VISON _ME t N DSCT M 9500 SATEr ST OEM DATE NGV.INN 59094M `••9n -` .R.-- .AAAA. .-.-.-. _ - .-.�+EB,• ;•-r— T .,., ,., // '''t'� 1 Rn Era.RrW K R.W.N � I STI�lff[ S f• (o.l..I Farm mum." EWy I{{� r I Atm mHM TRRYEO t 1 HbASRw r /aI.ViRE"E`pWllelr.IN ......:,, PLACE ICON trowo, 7� me goo W.r "iP 1E.,T TTWT.fOI iwnu,EurRMAE -..==',..-a----- a.Rn e. worsmAR \w0•AN R1r"AIN TwwN, De••r RAF we E,P Wnx CLASS li C•13 O c KORA,. A.uicHMs'1N, • IAN A,NWT.AT IRK a can"UCTON I I N REP LIMN Of DICArnW,•w.w-An • WATERLOO STREET-TYPICAL X-SECTION STATION 01085-LOOKING EAST • SCALE 1100 ALTERNATET. CONNECTION ro BE USED W GRADE OR AL,GAME NT;NOBLE MS -1 HIDE....ERRED CORRECTOR IMPRACTICAL 1 Li,E- -- N* Mr=.111 1.M n-L F - --L I V • ,TAN W"o MT.0 T "X „E I-FIPST JNNT - 1'FAC•OR.TEE SET [[ L'->--J OPPOSITE DL •B / 1 I STREA DOWx • L— STEAMLOf WR • • PREFERRED • • - N CONNECTION • t CATCHBASIN CONNECTION - — • P.D.0 NOTES II ROC'.SHALL K HER IT PVC SW 28 UNLESS OTHERWISE SOWN ON THE PERCHBASN FRN{II GRATE a. - DRAWINGS OR LARGER IF REQUIRED TO SUIT EXISTING SERVICES PERE OVERFLOW PE OP 0 .00 I• ' M ORAAS N EOO1Tn SPARE,SET ON MOTET,. To FLOW WNW. 2 DEPTH MO LOCATION OF PDC SHALL K AS SHOWN UNLESS OTHERWISE • O5 250PIn LASS 11 OPSS IRHO .-w00 OP LORA CA,04:Ir • GRADE IRA OECTED BY THE ENGINEER THE NORMAL FLAT TEE IS PREFERRED MOOUCOC ADJu ST MEAT OR•PRRpvEC I `M"sO.."Oi AT ' 0 THE'DEEP q•NCO.°TEE MAY E USED WHTIH THE AAMOVAL OF INE EDuAC C ADJUSTMENT TENT W MORTAR LH . IE-2-2 ENONNELR &GuTT R DJuST P ISR NO CJ+B .q, - SD"m.IOOHr..ROOD WAXER • 1�3 B GUTTER.ADI LO TME TIT! PAINTED YELLOW-UNITARY E NV/ .5 RAF. S PDC. SHALL BE LAN AT DESIGN GRADE TO THE PROPERTY LINE I Ro 12R RO R MITI S OF 500...RI TO BE MADE E R I PAINTED GOWEN-STORM C _ CONNECTEPOS O W COSTING SEWERS SHALL BE RODE BETSND THIS PONT20 5 PR y I H PRECAST RISER SECTIONS -. -- I .251EC-3 WAN APPROVED WATERTIGHT FITTINGS USING LONG RAR J ENDS.COCUT rs. !•. „ CEMENT MORTAR ANTS S AS MODRED TO SUN STE CONDITIONS CEMENT MORTAR.gINTS WILL ASA.__ I. -'L•.[EF""-i 5WO ETTRNOIHG TYPE PLUG-, -H,��W NOT K ACCEPTABLE TN • ••w.OP's '•'IM•' i ..O 600"'"' sO•�AR(PRfCe.s �I REDUCER TO NO•MA IIF A THE CONTRACTOR MUST SELECT•PDC GRADE TO AVOID CONFLICT NTH MALE �� _�.-; MLf IN FORCCOI I CHRU IN I SSm^• TEE OR SADDLE I EXISTING ANO PROPOSED STORM SEWERS,WATERMAINS ETC IN ORM rINVE CONTR., - N"rt••IHF0 B•OA 5 PRECAST WEEP ND6 5 • 'Y LONG RADA ENDS CONFORMANCE WITH THE FOREGOING SANITARY ADC's MAY ONLY BE - MOO k UH APPROVED FOWL 1♦ •v • TO CONNECT EXISTING r '+W t` E I, .J f(�/.�J/I EWER CONNECTED ro•MANHOLE WITH THE APPROVAL a THE ENGINEER mow M \Y/ <,74-X.--4' S RAL ANO ENO MARKER THE ON NEN PDC,PET THE CON'RACTnR -__ _ coo.",PVC SON fS PAT Q ATIYE FOR TIE ENGINEER TO MLLING PH AND TATE jL =H�'•'•� 25Dr.r pUTL[i FROM [( 120"NINC SDR M MEASUREMENTS OF PDC BEFORE BKrFELIN4 N Imo-_- _ P' C0N0�1 HST F E B NORMAL NR TILL-201 SANITARYI a v.\ r1 I..p�RM A.}TH:coNTrr ..H I s r s FROM ou TSIDf TSAu •'v -05%STORM Q n .g "or 1.M CEMENT MORTAR - 2 R9RMEB RAM RAMI END UxCOOLY , T ,p`O 0 it /I A "n r,Oy [s.V TT VaoFUN WHCRC DOALE C•iCH B.SHNS ARE D[SGROTED US[ TWIN ...RAT MECeST • / TEE ORMHOLE PRIVATE DRAIN CONNECTION .,r"MAro1L•.RACENLL NIDM — _O5 RAW•• N..•ONANo.P9 —CE 4VIlM TfYN`NTt UTCNBASINS AS ROHUFACTa REO BY OARS PRECAST OR APPROVED E0u. DEEP I PROVISIONAL-OSE ONLY AS DIRECTEDI W�D u"T HR R.TD.IAP TI I PRECAST UNITS MUST BE LIGNEO DIRECTLY um.PROPOSED ME B GRATE 0T ADDISON STREET TYPICAL X SECTION LO TNN DE.,AT1055 FROM ABOVE REQUIRE HORI2 AT ION FROM FIGGIE. ALLOW FOR A MIN 5 ROWS 4000La MANHOLE NOTES HDR TO IRST.�L•TIoN. L PPE E.s* CATCH.SIN OR AAWVED EQUAL CEMENT MORTAR I PRECAST SECTIONS SHALL COMPLY WITH CURRENT YARD 10102.70103 STATION 01080- LOOKING NORTH STANDARD CATCH BAS I N JOINTS TO ADJUST TO DESIGN PROFILE FOR PRECAST CONCRETE MANHOLES PREBENCHED MANHOLES ARE NOT I SCALE I 100 I GRADE OR T-sECTXN ACCEPTABLE I- BEDDING NOTES DESIGN PROFILE GRADE 2 ON OVERSIZED MANHOLES,THE TRANSITION TO 12001SHALL NOTE • STORM WM..E 1 OLPTH Or H'-! ;TONE BEDENG SHALL E INCREASED IN INfNH HWn L.:.- LESS THAN ISM ABOVE MAINLINE OBVERT • SOIL CONDITHORS AS NEJMEO To PROVNE A STABLE FEUD. MNINUM TRENCH WIDTHS 1r ! STORM MANHOLES SHALL CONTAIN B-29mm WEEPHOLES ABOVE OBVERT 2 ALL BEDDING B BACKFILL MATERIALS STALL BE COMPARED UP TO SOO* Be•!00...EACH SDE , _._ IIA OF PIPE.PROVIDE GEOTEITILE FOS 2TPIRR CLASS H OPSS IBEA AGAINST TO 95•I.STANDARD PROCTOR THE EDDWG SHALL E COMPACTED LARGER THAN S00^F" BL•ITSI"P EACH SRC Fj 2I OUTSIDE Of MAMNLE AWINST WEEP/TOLES ��figi AT...EARLY INE D TO PLANEILL GS SANDLLEACOTPA SAND `S -� �i MORN T AMS RHG THEI SAND BOC PLICI SHALL BE CK FILL TED NOTE S 4 FIRST PIPE JOINT SHALL E w1•.N 000mN CF OUTSIDE MANHOLE WALL. AT 500"^ABOVE TOP OF PIPE PRNR TO PLACING ADDTIWAL T�.w CLASS i BACKFILL E OTHERWISE CONCRETE CRADLE SUPPORT ID FIRST ,PINT � BIV -� IAD I CLASS B. BEDDING ACCEPTABLE D1 ONES 450on,•LARGER 1 ]MCNFNL SNCL E GRYNJ_AH,NATIVE SAND ACCEPTABLE I//' �rprM HDDI. `"a'IVF - (NYHA ROAD ALLOWANCE pony(M'HFiL WTL.BE ACCEPTABLE n CUR"Orfs,..o Q M 5 PLASTIC PIPE SHALL BE CONNECTED TO MANHOLES WITH rPAN0 TE• 3 O-SON..•PERPORATED BIG Os IMT.SOCRI ON STORM OUTLET 1 • SMINTjy1 ME BIB RUNGS UM F MANHOLE COWLING OR[ACTOirr SAND COATED PVC STUBS SONORA N PLACED IN BEDDNG OF UPSTREAM ,s, I NOR.N-SEAL COUPLING NOT ACCEPTABLE 1 • PIPE,ENVELOPED wITH 150•NA TMCRNE55 — r Q OE HL S STONE•.0 GEOTEATPLE FOS OOµn YyI 6 BENCHING ON END RA LETO EXTEND TO FAR INSIDE WALL CLA59 1 OPSS,BFO '.MN J . HL!STONE rN BENCHING ON LATERAL INLETS SHALL BE 5Wmm L RADIUS` CASE ON STORM TO AS REOIESTED IR TM ENGINEER 150 C 13M BENCHING TO CONFORM TO OPSD NODE 01 NOTE BIG Li B STONE POCXET TO E NDVIDUAL, , CC AM CLAWLETELY WRAPPED PATH GEOTERTILE • MEM MN NOOK TO E INCREASED F l00'"n1 WHERE 2.... 7 S TDP°ENOVEA OTT DEEPSHAALLINCLUDESNEETFROM E ERN°g 2 BEDDING SUBDRAIN TREMHCLASS IB" BEDDING 1t , B MA-STO M`_FRAMES OD 01-OPEN COVER TES SHALL BE -s•NIrNTY DvsD Aa oI-UO EV COVER DEAL SgN5 N METRES (m I MANHOLE COVERS SHALL E SET ON GEOTETTILE FOS 2.p MErRic I �, ROLLRMETRES (RR, VILLAGE OF PORT BURWELL CLASS Q OPSS 1M111 STREET IS RAVED • 9 CEMENT MORTAR USED FOR SETTING OF PIPES,BENDING.ADJUSTMENT .•..""M•. 06..mo. • • B SETTNG OF FRAMES WR CATCHBASNS B MANHOLES,SHALL _. •/ •� :�� -i CYRIL ✓ L EMEYEHE LIMITED RECONSTRUCTION OF AC ISDN STREET AREA CONSIST OF ONE PART 1NPMAL PORTLAND CEMENT ro TWO PAIRS C - CONSL. ',NG ENGINEERS MASONRY SAND WITH ORLV SUFFICIENT WATER roMANE-INE MMTURE .1 o w1DBE E MISCELLANEOUS DETAILS PRECAST SLOTS APSE OR PLASTIC ADJUSTMENT RINGS TO BE PARSED ON WrSIE. • a"' T/LLSONBORG,LSV TAA/O MONOLITHIC APSE INSEE JOINTS ro BE POINTED ONLY,NOT PARGED y�//J) N MANIEA•Nauru.SHALL E PLACED TO A YM WIDTH YF!Mom ALL l..r er' r' �4e�i��D 1 WOWED NW OMCNKFWN .WC M J M RESIN H. I•R I.UR.B• OLS I'-K<•T;A- cap _ PRECAST MANHOLE• PROCTOR MWM MANHOLES,N SOBWn MAX urn COMPACTED TO 9D%STANDARD NO N =-J ! REVISION ME DR• PROE'.TM MIS KM :AU EV, WRING M V �o PORre� THE CORPORATION OF THE •,� 9it< VILLAGE OF PORT BURWELL P 0 Box 10, Port Burwell, Ontario NO ITO = telephone (519)874-4343 • fax (S19)874-4948 jajit lta4 71 PORTUS REFUC January 25, 1995 Ministry of Municipal Affairs 495 Richmond Street, 7th Floor London ON N6A 5A9 Attention: Mr. Peter Jackson, Regional Manager, Municipal Affairs Dear Mr. Jackson Re: By-Law 94-50 and By-Law 94-51 Please find attached copies of the above said, with regards to the supervision for the municipality of the Village of Port Burwell, given final reading at the January 24, 1995 Council Meeting. Please retain the attached for your records and if you should have any further questions concerning this matter please feel free to call. Yours truly i°0•• Free, CET, AMCT(A) G mini strator/Clerk-Treasurer Encs. David R. Frae, CET. AMCT(A) • Adnwnistrator/G.rrk-Treasurer The Corporation of the Village of Port Burwell PO Box #10 21 Pitt Street Port Burwell ON NOJ 1TO By-Law 94-50 Being a by-law to repeal Bylaw 93-12 being a by-law for the 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 in the past experienced difficulties in the financial and administrative affairs of the municipality, and WHEREAS the Council of the Corporation of the Village of Port Burwell has significantly improved its operations and fiscal position through restructuring its' administrative and financial affairs. NOW THEREFORE the Council of the Corporation of the Village of Port Burwell enacts as follows: 1. That the Reeve and the Administrator/Clerl:--I reasurer be and are hereby authorized tomase application for the Village of Port Burwell to remove the provisions of such Order governing its' financial and administrative affairs under Part II of the Municipal Affairs Act, R.S.O. 1990, Chapter 303, as amended. 2. That such application he made and such Order he effective at the earliest possible date following the third and final reading of this by-law. 3. That this 6y-law be effective on third and final reading thereof. • Read a lint and second time s 5th day of December 1994. Reeve inistrator/Clerk-Treasurer Read a third t'• e an. finally passed this 24th day of January, 1995. fir A, • R Adm• strat ve/Clerk-Treasurer Ministry of •kiosi • 777 Say Stmt Toronto,Ontario �MuniCipal Ooarstions MSG HSt Affairs Division Ministers dos Division 777,rue Say a Rt.' o Affaires des operations Toronto(Ontario) MSG 4E municipsles minimises forf 4 IL January 24, 1995 4 • ' 1 Mr. Tom Nesbitt, Reeve 1 '� p '• and Members of Council , 10 Village of Port' Burwell -:,A P.O. Box 10 . Port Burwell ON NOJ 1TO r �- \ Dear Reeve Nesbitt and Members of Council: ( C I have been advised by my staff in the Southwestern Regional Office that the original reason for imposing supervision under Part II of the Bunicipal Affairs Act has now been removed. A variety of concerns arose throughout the supervision period. Most of the significant issues appear to have been resolved and I as pleased with the efforts Council is making to improve its administrative systems and procedures. Given the outstanding account with the former auditor, it would be prudent for the Council to authorize the establishment of a contingency allowance in its 1995 budget to cover the amount of the unpaid invoice and potential legal costs. I would also appreciate that Council direct its new auditor to provide the Ministry's Regional Office with a copy'of his 1995 management letter when it is complete. I am advised that both of these conditions are acceptable to you. Accordingly, I as revoking the Ministry Order dated November 9, 1993 pertaining to the supervision of the Village of Port Burwell. I wish the Council and the residents of Port Burwell the very best throughout 1995 and beyond. Yours truly, 45/4111( Brian D. Riddell ° Assistant Deputy Minister The Corporation of the Village of Port Burwell PO Box #10 • 21 Pitt Street Port Burwell ON NOJ 1TO By-Law 94-51 Being a by-law repeal Bylaw 93-13 being a bylaw to authorize an application to the Ontario Municipal Board for floating indebtedness in the amount of $175,000.00 for a period not to exceed five years. WHEREAS the Corporation of the Village of Port Burwell has in the past experienced financial difficulties and has restructured its' administrative and financial affairs, and; WHEREAS through the restructuring of its' financial affairs the issue of floating indebtedness as requested through Bylaw 93-13 was not required. NOW THEREFORE the Council of the Corporation of the Village of Port Burwell enacts as follows: 1. That the Reeve and the Administrator/Clerk-Treasurer be and are hereby authorized to repeal the application to the Ontario Municipal Board for authority to issue floating indebtedness. 2. That this by-law he effective on third and final reading thereof. 1 • Read a first and seond time .is 5th day of December 1994. '4-11 Reeve Afm• istrator/Clerk-Treasurer Read a third time . 'nally • sed this h day of January 1995. frA / A- ' • e Adm. rator/Clerk-Treasurer s • 2 Ministry of 110icipsi • 777 My Sew 19, I Omer* Operations Tommie, Affairs Division Minister'des Division 777,no NY Ontario TorontAffaires des operations MSG QlOntarbl municipal's municipoes January 24, 1995 c$. ra Mr. Tom Nesbitt, Reeve - �l10S \\ . VillaRq bolsPor t CoBurwell l A • ,,~-: k P.O. Box 10 :; Port Burwell ON NOJ 1TO4 + , ~� `, - \ Dear Reeve Nesbitt and Members of Council: (0,5'- 1 hays been advised by my staff in the Southwestern Regional Office that the original reason for imposing supervision under Part II of the Municipal Affairs Act has now been relayed. A variety of concerns arose throughout the supervision period. Most of the significant issues appear to have been resolved and I am pleased with the efforts Council is making to improve its administrative systems and procedures. Given the outstanding account with the former auditor, it would be prudent for the Council to authorise the establishment of a contingency allowance in its 1995 budget to cover the amount of the unpaid invoice and potential legal costs. I would also appreciate that Council direct its new auditor to provide the Ministry's Regional Office with a copy of his 1995 management letter when it is complete. I am advised that both of these conditions are acceptable to you. Accordingly, I am revoking the Ministry Order dated November 9, 1993 pertaining to the supervision of the Village of Port Burwell. I wish the Council and the residents of Port Burwell the very best throughout 1995 and beyond. Yours truly, 4/1"'6 Brian D. Riddell Assistant Deputy Minister • , Of PORI'90THE CORPORATION OF THE 9 VILLAGE OF PORT BURWELL '.-illik P 0 Box 10, Port Burwell, Ontario No, ITO 1114111 it telephone (519)874-4343 • fax (519)874-4948 tiria�i 4 PORTUS REFUGE' January 25, 1995 Ministry of Municipal Affairs 495 Richmond Street, 7th Floor London ON N6A 5A9 Attention: Mr. Peter Jackson, Regional Manager, Municipal Affairs Dear Mr. Jackson Re: By-Law 94-50 and By-Law 94-51 Please find attached copies of the above said, with regards to the supervision for the municipality of the Village of Port Burwell, given final reading at the January 24, 1995 Council Meeting. Please retain the attached for your records and if you should have any further questions concerning this matter please feel free to call. Yours truly sser~Free, CET, AMCT(A) inistrator/Clerit-Treasurer David R. Frei,. CET. AMCT(A) • Administrator/Clerk-Treasurer The Corporation of the Village of Port Burwell Post Office Box #10 21 Pitt Street Port Burwell, Ontario By-Law 94-52 Being a By-Law to authorize the Reeve and the Administrator/Clem-Treasurer to enter into an Agreement with Ed Matthews Carpentry for the construction of interior finishes of the Municipal Offices. WHEREAS the Council of the Village of Port Burwell deems it necessary to enter into an Agreement with Ed Matthews Carpentry to provide services for the construction of the interior finishes of the Municipal Offices. The Council of the Village of Port Burwell hereby directs the Reeve and Administrator/Clerk- Treasurer to enter into the agreement as presented by Ed Matthews Carpentry. Read a . and second time this 22nd day of November, 1994. Ail .( r' inistrator/Clerh-Treasurer Read a third t. .. nd finally passed this 22nd day of November, 1994. or • or— - • . .. rator/Clerk-Treasurer 1 "Schedule A" AGREEMENT THIS AGREEMENT made in triplicate this 22th day of November 1994. BETWEEN ED MATTHEWS CARPENTRY of Port Burwell in the County of Elgin and Province of Ontario. Hereinafter call the "Contractor" THE PARTY OF THE FIRST PART and THE CORPORATION OF THE VILLAGE OF PORT BU'RWELL hereinafter called the "Municipality" THE PARTY OF THE SECOND PART WITNESSETH, that the party of the first part, for and in consideration of the payment or payments specified in the Tender for this work, the contractor hereby agrees to-furnish all necessary machinery, tools, equipment, supplies, labour and other means of construction and, to the satisfaction of the Designer to do all the work as described hereafter, furnish all the materials except as herein otherwise specified, and to complete such works in strict accordance with the plans, specifications and Tender therefore, which are identified and acknowledged in the Schedule of Provisions, Plans, Specificatios, Adenduins and Conditions attached to the Tender and all of which are to he read herewith and form part of this present Agreement as fully and completely to all intents and purposes as though all the stipulations hereof have been embodied herein. DESCRIPTION OF WORK Interior Finishes and fixtures to the Port Burwell Municipal Offices in accordance to the drawings b7 Jolanda vanLeeuwen, Interior Designer IN CONSIDERATION WHEREOF, Said party of the second part agrees to pay the Contractor for all work clone, the unit prices on the Tender for a fixed amount of $9,842.86. • This agreement shall ensure to the benefit of and the binding upon the heirs, executors, administrators and assigns of the parties hereto. IN WITNESS, WHEREOF, the Contractor and the Municipality have hereunto signed their names and set their seals on the day first above written. Signature of Corporation Signature of Contractor or witnesses & position held Seal of the Corporation • Corporation of the Village of Port Burwell Port Office Box #10, 21 Pitt Street Port Burwell O► OJ IT0 yr Seal of the Municipal Corporation istrator/Clerk-Treasurer Ed Matthew!: Carpentry fr- -• EsOx 236 PONT BUF1VIi_ L tl/4.4425 Village of Port Burwell Renovations and Repairs Port Burwell Municipal Office Tender Due No Later Than 5:00 p.m. Friday, October 28, 1994 Contact David R. Free at the Municipal Office For Further Information, if Required 4rbtiO*r PORI/0 ` PQRTUS REFUGWO • FORM OF TENDER The Corporation of the Village of Port Burwell P.O. Box 10 21 Pitt Street Port Burwell, Ontario NOJ 1 TO Attention: David R. Free, C.E.T., AMCT (A) ddminigamgariumaor Gentlemen: We, the undersigned General Contractors propose to furnish all labour, equipment and materials required to complete the Renovation and Repairs to the Village of Port Burwell Municipal Office; Port Burwell, Ontario, for the following stipulated price not Including GST: GST at 7% additional to the above amount: .. — - Dollars ( � �aQ . 3C Total stipulated price Including GST: • - Man ( .3a0 5.3510 ) All work shall be in strict accordance with the plans and specifications prepared by Totten Sims Hubicki Associates (199'1) Limited, including the Bidding Requirements and General Requirements. We have visited the site and are familiar with all visible conditions. We agree to commence work within _.LQ_ days of being notified of acceptance of this tender and complete the work within the next ensuing y working weeks. The above price is Federal and Provincial Sala' Tax included. The tender amount above includes Addenda No. In submitting this tender, we recognize the right of the Owner to accept any Tender at the price submitted, or to reject all Tenders PQ I oft • FORM OF TENDER We also recognize the rights of the Owner to accept this Tender at the price submitted at any time during a period of sixty (60) days from date of Tender Closing. Submitted by: ?fr1'2-CLAN J way Name of Company ��ZQ Ecix 933. P-f- R„A.,a,a Address ,Q 141- 5Ciiretk-/ Dat1);11-121C2/14- Signature of Authorized Company Officer Title of Officer (Affix Corporate Seal) Pg 2 of 2 The Corporation of the Village of Port Burwell Post Office Box #10 21 Pitt Street Port Burwell, Ontario By-Law 94-54 • Being a By-Law to authorize the Reeve and the Administrator/Clerk-Treasurer to enter into an agreement with the Ministry of Municipal Affairs WHEREAS it is necessary for the Administration to analyze the municipality's fiscal activities in comparison with other communities and; WHEREAS consolidationof this fiscal activity is located within the Ministry of Municipal Affairs "Municipal Analysis Retrieval System", The Corporation of the Village of Port Burwell hereby directs the Reeve and the Administrator/Clerk-Treasurer to enter into an agreement with the Ministry of Municipal Affairs without direct cost as per Schedule "A". Read a first econd 'me t. 's 1 day of December, 1994. qk A.m' .istrator/Clerk-Treasurer Read a thir. • .nd finall .as:., thi 3th clay of December, 1994. • , / Re A istrator/Clerk-Treasurer 1 MINISTRY OF MUNICIPAL AFFAIRS AGREEMENT THIS AGREEMENT is made in triplicate this 30th day of November, 1994. BETWEEN: HER MAJESTY THE QUEEN, in right of the Province of Ontario as represented by the Minister of Municipal Affairs, referred to in this Agreement as the "Province", AND: THE CORPORATION OF THE VILLAGE OF PORT BURWELL, referred to in this Agreement as the "Municipality", The Province wishes to assist municipalities by making municipal data on the Municipal Analysis and Retrieval System (M.A.R.S.) Data Base available for information purposes. The Municipality wishes to utilize this information for municipal purposes. The Municipality by By-law #%'/ / passed on the/3,relay of.(Jcir,o,de'a l , 1994, has authorized the signing officers of the Municipality to execute this Agreement on behalf of the Municipality. THEREFORE, the Province and the Municipality agree as follows: 1. In this Agreement, "Director" means Director, Information Management Branch, Ministry of Municipal Affairs. 2. (a) The Municipality shall have the right of electronic access to the M.A.R.S. data ' base for obtaining information and for no other purpose. The Municipality shall not use its access in contravention of applicable regulations, laws, or tariffs. (b) The Province shall supply the Municipality with a copy of the M.A.R.S. Training Manual. (c) Each person the Municipality designates to have access to the M.A.R.S. data base shall be provided with a personal password by the Province. 3. The Province may, in its sole discretion, restrict or prohibit access by the Municipality or by any person designated under clause 2(c) to all or any part of the M.A.R.S. data base, and without limiting the generality of the above, the Province may restrict or prohibit access: - 2 II (i) to make the necessary changes to offer new or additional services or • make changes in methods of operation, type of terminal and system equipment, system programming languages, or the Data Centre from which the Municipality is served, (ii) to service the equipment or the M.A.R.S. data base, (iii) to protect the confidentiality of any information in the M.A.R.S. data base, (iv) to allow the Province to make fuller use of the equipment or of the M.A.R.S. data base, or (v) to ensure compliance with all applicable communications regulations, laws or tariffs. 4. (a) Subject to subsection 12(4) of the Copyright Act, (Canada), copyright in the ;. M.A.R.S. Training Manual is the sole property of the Province. (b) The Municipality shall not reproduce the M.A.R.S. Training Manual in whole I, or part without permission from the Director. (c) The Municipality shall refer any requests it receives for M.A.R.S. data to the Director. • S. Data on the M.A.R.S. Data Base made available to the Municipality for information purposes is the sole property of the Province. 6. (a) The Municipality agrees to treat as confidential all information acquired by it or its officers, employees or agents under the terms of this Agreement. The Municipality and its officers, employees and agents will not divulge at any time either during or following the term of this Agreement, any of that information without permission from the Director. (b) The Municipality shall not make, without permission from the Director, tapes containing M.A.R.S. data. 7. The Province shall not be liable for any injury or damage (including death)or for any property loss or damage sustained by the Municipality or any officer, agent, servant, employee, volunteer or consultant of the Municipality or by any other third party occasioned by or in any way attributable to the services provided by the Province under II this Agreement, and, without limiting the generality of the above, the Province shall not be liable for injury, damage or loss related to: (i) inaccurate or incomplete information in the M A R.S data base, or (ii) the inability of the Municipality to access the M ARS data base. _. (a) The Municipality undertakes not to use the M.A.R.S. data for gain or profit and in particular shall not offer M A.R.S data for sale. (b) If the Municipality breaches clause (a), the Province may, by notice, terminate this Agreement immediately and the Municipality shall surrender to the Province all money received by it from any sale of M.A.R.S data 3 • - 3 - • 9. (a) The Municipality shall indemnify and save harmless the Province, its officers, employees and agents from and against all demands, claims, actions, losses and expenses, costs or damages of every nature and kind whatsoever incurred as a result of.tny demand, claim, action or proceeding, by whomsoever made, brought, instituted or prosecuted arising out of or in any way related to this Agreement, and without limiting the generality of the foregoing, arising out of or in any way related to: (i) the disclosure of non-disclosure of information by the Province under this Agreement, (ii) the misinterpretation of, or the inaccuracy of the M.A.R.S. data used by the Municipality or by any person or party obtaining the M.A.R.S_ data from the Municipality, or (iii) a breach of section 8. (b) The Municipality shall promptly-reimburse the Province for all damage the Municipality causes to the M.A.R.S. data base. 10. Neither party shall assign or delegate any of its rights or obligations under this • Agreement. 11. This Agreement supersedes all previous agreements, arrangements or understanding between the Parties whether written or oral in connection with or incidental to the subject matter of this Agreement. 12. (a) Either Party may at any time, by written notice of at least thirty (30) days to the other, suspend or otherwise terminate this Agreement. (b) Failure of the Municipality to comply with any of the provisions of this Agreement shall be a breach of this Agreement and the Province may, by notice, terminate this Agreement immediately. (c) Sections 4 to 9 inclusive, survive the termination of this Agreement however such termination occurs. 13. (a) Any notice provided for in this Agreement shall be in writing and served personally or sent by prepaid registered post/addressed as follows: (i) if to the Municipality Clerk The Corporation of the Village of Port Burwell P.O. Box 10 Port Burwell, Ontario NOJ 1P0 (ii) if to the Province: Director Information Management Branch, Ministry of Municipal Affairs 11th Floor, 777 Bay Street Toronto, Ontario MSG 2E5 , - 4 - (b) Any notice given in accordance with clause (a) shall be deemed to have been given, (i) on the date of service if served personally; • (ii) on the fifth (5th) business day after registered mailing, excluding any time during which there is any interruption in mail service affecting the handling or delivery of it. • (c) Either the Province or the Municipality may give notice in writing to the other of any change of address, and after the giving of such notice, the new address shall be deemed to be the address of that party for the giving of notices. IN WITNESS WHEREOF the Parties have executed this Agreement under seal. , SIGNED, SEALED AND DELIVERED ) HER MAJESTY THE QUEEN, ) in right of the Province of ) Ontario as represented by the ) Minister of Municipal Affairs. in the presence of: ) per: 414-de LtCIJ ) ) Witness ) Director ) Information Management Branch ) ) ) ) THE CORPORATON OF THE ) VILLAGE OF PORT BURWELL ) per: ) ) (Seal) ) ) ) 122 dead of Council • • . I