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Port Burwell By-Laws 1995
16 Port Burwell By� Laws By -Laws 95 - 0 1 -- 95 - 20 1995 Tire Corporation of the Village of Port Burwell Post Office Box # 10 21 Pitt Street Port Burwell, Ontario BY -Law '95-a 1 Beim a ly-law to authorize a levy 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. 19W, 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 he 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 1995 and in each succeeding year the taxes to be levied under this by-law shall become due and payable on the 27th day of January, but may be paid by instalments on. the 24th day of February, 1995, and the 21 st day of April 1995, provided that where any Clue slate or instalment bate falls on a Saturday or Sunday or a statutory holiday the due bate or instalment date as the case may he 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. * M � 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. "rhat this by-law shall some into force and effect upon the date of its' final passing. Read a first and s rind tint is 1 h d y of January, 1995. lv"e� 4M istrator/Clerk-Treasurer }lead a tlzir�me and fir passed on this 10th day of January, 1995. l._I ;I� AJI; tistrator/C'lerk-Treasurer The Corporation of the Village of Port Burwell Post Office Box # 10 21 Pitt Street Pork Burwell, Ontario Hy-I.aw 95-02 Being a By -Law to authorize the Reeve and the Administrator/Cleric-Treasurer to enter into a Tri- Party Memorandum of Understanding with the Canadian Coast guard and the Small Craft Harbours Branch of the Department of Fisheries and Oceans for the provision of navigation service at the entrance to Pont Burwell Harbour WHEREAS the Municipal Act RSO 1990 c. M.45 Section 207, section 31 and 34 and; WHEREAS the Council of the Visage of Port Burwell deems it necessary to enter into a Tri-Party Memorandum of Understanding with the Canadian Coast Guard and the Small Craft Harbours Branch of the Department of Fisheries and Oceans for the provision of navigation service at the entrance to Port Burwell Harbour. The Council of the Village of Port Burwell hereby directs the Reeve and Administrator/ Cler6- Treasurer to enter into the a Tri-Party Memorandum of Understanding as presented by the Canadian Coast Guard and the Small Craft Harbours Branch of the Department of Fisheries and Oceans.' I W4 s �- Read a 6vt second time dm day of Jan my, 1996. oe" . ®ratordlOeA-Treanuw Read a gird time and thm-� Llkia day o� an , 1995. �� y l � N FAX P a Box 160, 9344 Plank Road Straffordville, ON NOJ 1 YO Phone (519) 866-5521 Fax (519) 866-3884 Email jayhann bav m an.ca Website www bayham on ca Date August 28, 2000 No of Pages including cover sheet l From Maureen Beatty, AMCT, Co-ordinator of PlannirKVC>eputy Cleric To: Marie Conway. dilllon Consulting Limited Fax (416) 229-4692 Re Bayham Harbour Study Marie, per your request on Fnday attached is the only copy of the Tn Party "Memorandum of Understanding- I have been able to find this morning in the files 1,11 keep looking, if I find a revised or partially executed vers4on. I'll call you. J original Mailed original Not Mailed a URGENT +i6140 4 CCG FN$ PRESCOTT 0 L F-5W T-258 P-M/ ALIG 19 194 14:46 0 MEMORANDUM OF UNDERSTANDING BETWEEN THE CANADIAN COAST GUARD, CENTRAL REGION AND SMALL CRAFT HARBOURS BRANCH OF DEPT. OF 'FISHERIES AND OCEANS AND THE CORPORATION OF THE VILLAGE OF PORT BURWELL CONCERNING NAVIGATION AT THE ENTRANCE TO PORT BURWE L L HARBOUR +6139255540 CCG hNS PRESCOTT 1.0 INTERPRETATION ,. F-596 T- IP-003/007 AUG 19 194 14:46 0 1.1 For the purposes of this Memorandum of Understanding (hereafter mentioned as MOU), the following definitions shall apply. "Coast Guard" or "C.C.G.- - refers to the Canadian Coast ®uard, tentral Region, Transport Canada. "S . C . H . " - refers to Small Craft Harbours Branch, Department of Fisheries and oceans "Village" - refers to the Corporation of the Village of Port Burwell, Ontario "Harbour" - refers to the area of waterway/land presently owned by S.C.H. Party - refers to any or all S.C.H., C.C.G. and the Village. 2.0 OBJECTIVES OF THIS M.O.U. To describe the responsibilities and roles of C.C.G., S.G.H. and the Village associated with safe navigation for small craft into the harbour. These responsibilities include conditions to which all parties shall agree to initially reach a standard required by C.C.G. and the ongoing commitment to continue providing this level of service. Failure to do so by any party renders this M.O.U: null and void. 3.0 INTRODUCTION Years of siltation has created a situation where there is virtually no safe access at Chart datum from Lake Eris. Limited access can be possible with periodic dredging, however, the aids to navigation must clearly mark the available safe water. In addition, the West Pier is so silted in that navigation may never again be possible near this site. As a result, this light must be changed from a navigational light to an obstruction marking light. The same can be said for the existing inner west pier light, however, tliere is no need to mark this &its. The existing east pier light should not be operated as a lateral aid to navigation. It can be operated simply as a headland light signifying the presence of Port Burwell Harbour. +6139255540 CCG hNS PRESCOTT 0 13 1 F-598 T-258P-004/007 AW 19 '94 14:47 • 3 4.0 This M.O.U. will describe the responsibilities of each part for the following items, 4.1 Outer west Breakwall Light 4.2 Inner West Breakwall Light 4.3 East Breakwall or '"Headland" light 4.4 Dredged channel specification and associated aids 4.5 General 5.0 OUTER WEST BREAKMALL LIGHT; COAST GUARD WILL - remove existing navigation light thereby removing its responsibility of operating a C.Q. navigation aid. provide on a one time only basis, electrical service and submarine power cable for the nearest connection point on shore to the structure on the seaward end of the pier. connect power to the obstruction light provided by S.C.H. transfer ownership of the tower and turn over key to S.C.H. attend to public notification Notices to Shipping and Notices to Mariners. - all the above at C.G. expense except the new light provided by S.C.H_ S.C.H. 'MILL - Pay for obstruction light and assume ownership of same - assume ownership of existing light structure by acceptance of transfer from C.C.Q. - delegate responsibility and day to day operation and maintenance to the Village. VILLAGE WILL accept and comply with conditions above - ensure obstruction light is active during dark hours of te,,e navigation season -- respond to failures in a timely manner. +6139255540 CCG MNS PRESCOTT F-598 T-258 P-M5✓00? ALIG 19 ' 134 14: 47 0 0 5.1 INNER WEST BREAKWALL LIGHT COAST QUARK WILL discontinue its responsibility by removing the light and nearby tower provide all public notification, Notices to Shipping and Notices to Mariners. - turn over main structure to S.G.H. by transfer. S.C.H. WILL accept transfer and may turn over to the Village if they require such. no other action required. VILLAGE - no action required. 5.2 EAST BREAKWALL LIOF4T COAST GUARD WILL provide, maintain and be responsible for the operation of this light and structure provided the conditions of Item 5.21 are complied with S.G.H. - no involvement required Village - no involvement required 5.21 The provision of this light is based on the commitment by the Village to meet the following minimum requirements: - a straight channel is formed from Lake Erie to safe water into the Harbour. - channel mrust have a minimum depth of 6' at chart datum. - channel must have a minimum width of 40 feet. at least 2 l i ghted buoys on each side of the channel must be placed and operated changes in channel direction must be indicated by light buoys - the channel must lead from the a lake to good water off the east pier light. +5.39255540 CCG PNS PRESCOTT is 5.3 DREDGED CHANNEL COAST GUARD WILL P-59e T-258 P-006/oo? PLG 19 '94 14:47 0 - analyze sounding information submitted by Village or other sources. - issue any public notification required. - conduct ,periodic surveys S.C.H. WILL - provide funding on a one time basis for four light buoys, complete with chains and anchors. - monitor sounding information - share dredging costs as per normal cost sharing agreements VILLAGE HAS RESPONSIBILITY FOR - monitoring and reporting channel conditions - informing C.C.G. of failure to most conditions in Item 5.21 - placing, operating and maintaining all channel buoys including the costa of maintenance - ensuring buoys meet the Private Buoy Regulations of the Canada Shipping Act. - conducting an annual survey by April 13 of each year and providing same to C.C,G. 6.0 GENERAL COAST GUARD to provide technical and operational navigational expertise as required by the Village or S.C.H. 7.0 FORCE MAJEURE Nothing in this M.O.U. shall prevent C.C.G. from reducing or eliminating Aids to Navigation eery ice if C.C.a. considers the harbour to be unsafe. r +6139255540 CCG MNS pRESCCTT 8.0 TERMINATION F-5% T-258 P-007/807 AUG 19 '94 14:48 9 This agroomont may be terminated upon written notice by any party within a minimum period to b months from receipt of notice. Signed this day of J. WHITAKER, REGIONAL MANAGER, MARINE NAVIGATION SERVICES, CENTRAL REGION SMALL CRAFT HARBOURS BRANCH, DEPT. OF FISHERIES AND BEANS, BURLINGTON T. NESBITT, REEVE, CORPORATION OF THE PILLAGE OF PORT 'BURWELL 1994. +6139255540 CC'G PNS PPESC077 F-596 7'-25E P-001/00'7 4- ;- '94 ;4;47 EVE arlaoa C3naaa ,, 493�%,Ift cumm c* vacvA* ke A !) .t1 ,% yi I r s' a ,� fit I�r , ► ��+'' C ► *f I 1910w1t S,d ftlA . iC3 a, D;tnbuppn 1. wnwr— P� i i/alWrAgi Congo FIS +►I1 y r/1� ' n .�., . •nw .w...�w wrw�� d &* 1a� W p WW insrru " \ n cl +6139255540 CCG MNS PRESCOTT f1101 Canadian Garde cilt*e Coast Guard canad+onns ,'// P. 0. Box 1000, Prescott, Ontario• !/ KOE 1T0 November 7, 1994 Mr. David R. Free, ,Administrator/Clerk-Treasurer, The Corporation of the village of Port Burwell, P. 0. Box 10, Port Burwell, Ontario. NOJ 1 TO Dear Sir: F-101 T-174 P-002 NW W? '94 13.45 I wv �► wiw �+^� ��.AM-I'Li"I 411M w 0% 4p" 8010-1510 As you are aware, this office prepared a Memo of Understanding concerning the future operation of the harbour navigation aids. To date, Small Craft Harbours have not responded, although in a letter to the village, I note they acknowledge certain parts of it. I would assume your latter of November 1st, 1994 to Small Craft Harbours is an attempt to obtain a commitment from them and that the Village is willing to sign the M.O.U. I also note second reeding of intent to repeal the by-law concerning your existing agreement with S.C.H. It Is still the intent of Coast Guard to proceed with the responsibilities eat out in the M.O.U.provided the Village and S.C.H. are signatories. I understand S.C.H. are reluctant to sign the M.O.U. and may prefer to agree by series of letters, which is acceptable by Coast Guard as long as the conditions stated in the M.O.U. are met. I would like to see some concrete action before going any further. Time is running short to order the required buoys which will enable us to have them ready for next season. We expect to have the Outer 'west Pier floodlights installed within a month and will turn them over to S.C.H. after that, assuming they accept sane. Fours er truly, H.S. J© es, Supervisor. Marine acids Oparatlons, Prescott Bass - cc: G . Ene i - $CH . EMAB - Sarnla. EWY��tburg . 'MALL CRAFT HARBOURS Fistwims and Oceans a" erw TFL:416-639-5975 Oct 04'94 AV 10 el% et OC48rd �V {j e9 Miw 68 goes w tor►rrir�. -�/ rA.6mmim CA win omb"m oftr mwftqd� now" uR ua «+u TO � •rs�u V� we emm>~ 4 tcebe 1994 Mr. Tom Nesbitt, DAL% Village of Part Barweti P.O. Bm 10 Port Hnrw+ell NOY IT© Part Bm veil Harbour Dear 1i aw$ Ne dAW 16:37 No.009 P.02 ftw MP r AM WN"No Orft At" A O* Thak you far Pm Wlempia dated Septeetbrr 28, 19% aoecaning Port Burwell harbour. We AM --;;mg teed to k of the Village's Plaatrarad by-law to discontinue managing dye ftcllity. We emaaouange this type of managcn=t atrrange nment as we belave the local trtut ity is better equipped to respond to the public's uje of ft harbour. As this of oc is �k for ma 400 locations in this province alone, it is ata'car.ly difficult to be fe miliat with the day to hay bappeninp at any one locatim. It is hoped that the Village will ramuider the by-law in light of the positive working mladaaship bets the V"illgc and Sm a Graft Hutom. Mm loos of mvi,gs aids at the eatmace has also been the siblect of nume rm ems. This will cmfirm our cndersa riding of the situation. 1. SM will phase mid stWly two lighted buoys (aft a cast of S3,000 etch) and two marlrrr buoys (at a cam of S254 each). 2. 1U Village will be responsible, for motu ring of the entrance chmad utri adjusting the bou" as amoommy. 3. The Wimp will be rgpaewiblc for maintemnice of the buoys, however should tti pray too burdem mae, SCH may assist the Village, funding, permitting. ` 4, The CCG will supply the above and conduct the initial placement, Canad'll .SMALL CRAFT WAREOURS TEL:416-639-5975 PW HurwaU Harb A 1 Oct 04 ' 94 16 : 38 No . (709 P.03 ! 2 1. CCO to xgVy and install submarine cable to power two 'flood lights' to njuk OW of bizakw um. 2. SCH will Purrl M aad supply two .flood lights' (u a con of $1,000 ems) far mail anion by CCO . Ilse V IHAV will be amble fear hydro omumpdon coats. To mite m put diw�ns and mr+cspon - M-M, Small Graft E ar'boun is prepared to assist the pia witls m ntem nce dredging, an a SOJSQ mat-ahar+ed biw, wA"ct to file VWIkbilfty of fl4uAft. Part Burwell is no dif rmt fta other fire ]Wes under our adminfuaation, and as you arc aware, we have; wilted the Villageon aevall 00:9daes when dmdpss mquummts were identified. . Should you have any questions axwo mg the above, pleae do not haddtsoe to conNo this omm.. Yom truly -AllDA Blatre�ard C.C. Mr. 4. Knutson, M.P. Mr. H. Jones, c'Cv 1�. DRAFT PLEASE COMMENT November 1, 1994 Department of Fisheries and Oceans Fox #85120 3+027 Harvester Road Burlington CAN UR 4K3 Attention: Mr. George Enei Dear Mr. Enei: AeAJI� Considering the fax letter received in o office dated October 4, 1994 we are concerned that you have not addressed the Memorandum of tJnderstanding (MOO) as provided by the Canadian Coast Guard, August 19, 1994. Based upon the additional details provided in the above said letter it would seem appropriate and advisable that all parties commit themselves to a document in order to avoid confusion in the future with respect to responsibilities of each party. If there is a specific reason that why the Mau should not be considered please provide your input in order that this matter can be resolved or addressed, It is frvutless to perpetuate correspondence in a matter which is between two agencies within the Federal Government structure when this can be resolved by existing legislation and direction from your Minister. We would like this matter corrected Aerwise char curly recourse is to repeal the bylaw per our previous correspondence dated $eptem,ber 28, 1994, It is unfortunate that we must take these steps, however we area small municipality with limited means and we cannot accept your shift in responsibilities for which the federal government has In the past accepted. 0 a We are always available for discussions of these matters.. Sincerely yours David R. Free AAministrator%Clerk -Treasurer cc Council of the Village Part Burwell G. Knutson 0 0 0 THE CORPORATION OF THE VILLAGE OF PORT BURWELL P. O. Box 10. Port Burwell, Ontario NQf I TO telephone (519) 874.4343 • fax (519)874-4948 February 14, 1995 Canadian coast Guard Post Office Box # 1000 Prescott ON KOE 1TO Attention: Mr. Hugh Jones Dear Mr. Jones As per your request please find enclosed a copy of the resolution introducing our By -Law 95d12, and a certified copy of the same and a copy of the minutes of the meeting at which this hey -law was passed. The copies of the Memorandum of Understanding have peen forwarded to your agency for certification. I trust that you will find the attached in order and if you should have any further questions please heel free to call. Yours truly f re, CET, AMC(A) ministrator/Clerk-Treasurer E ncls, David & Free, CET, AMCT(A) • AdrmNst aurr/Clerlr-Treasur w Canadian Garde c6h6re Coast Guard canadienne Canadian Coast Guard P ©. Box 1000, Prescott, Ont. KOE 1 TO 1996 August 20 Mr. T Nesbitt, Reeve, Village of Port Burwell, P 0 Box 10, Port Burwell, Ont. NOJ 1TO Dear Sir, ':If Y �, r4- W van* roofr lr * irD1114, yaws CiR Examination of the after dredging survey indicates that there is sufficient water in the inner harbour of Port Burwell, at the time of the survey, for safe small' craft navigation. This letter is to inform you that the Canadian Coast Guard will determine the best position for the two discus light buoys provided by Small Craft Harbours and position same. At that time these buoys will be considered to be turned over the village of Port Burwell in accordance with the a reem nt between the Small Craft Harbours and Coast Guard branches of DFO and the village o o urw The vi o wi onsi le for the operation and maintenance these light buoys and the unlighted buoys (2) also being turned over to the village,,A Coast Guard vessel is tentatively scheduled for the first week in September to place these buoys For your information the solar and light equipment in the light buoys was provided and installed by `Light Wave Options", 6 Maplewood Circle, Brockville, Ontario K6V 1 N4 Mr Ron Bryenton is the individual you should ask for. It is strongly recommended that the village actively monitor silting within the heribour, relocate any or all buoys to indicate safest channel (deepest water) and carry out dredging as necessary for channel maintenance in support of safe navigation. The recommended minimum depth is 6 feet of water during the boating season. The east pier title transfer of April 1993 included the Port Burwell East Pier light, ; L.L. 583 of the Canadian Coast Guard publication "Inland Waters List of Lights. Buoys and Fog Signals`. The village of Port Burwell is, therefore, responsible for Canada` Made ►,o- recoywoo mawwws Fat de papows r6ctjp&ft Al XV5 IM the operation and maintenance of this marine navigation aid. Please note that the Coast Guard will no longer pay for hydro power for the East Pier light commencing a date being determined by Mr. David Free, Village Clerk, and the Acting Supervisor Marine Technicians Prescott. Clue to the speed of silting in your harbour and fluctuations in channel course (deepest water) this light should not be changed from the yellow "cautionary" colour as established by the Canadian Coast Guard Should the light, or light buoys, become extinguished or showing improper characteristics (broken lens resulting in white light) and can not be corrected immediately a Notice to Shipping should be initiated through the CCG Operations Center (Notship desk) in 'Sarnia at 1-800-265-0237. Provide name and telephone number of caller and the name, list of lights number and other pertinent data to correctly identify the navigational aid. When the outage is corrected the Center m1W be notified promptly to permit cancellation of the Notice to Shipping. The Notice to Shipping is broadcast to mariners on marine frequencies and will help protect the village's liabilities should an navaid be malfunctioning, off position, relocated due to silting, etc. This office should be notified about any permanent changes to permit amendments to charts and publications. The Canadian Coast Guard will no longer be responsible for the operation, maintenance and liabilities for these marine aids to navigation upon establishment of the light buoys. It is requested that council acknowledge the above by return letter Should you ever have any queries or require assistance in determining channel marking please feel free to contact the undersigned We wish you every success with your harbour Yours truly 7 r Steven D Lear Supervisor, Marine Aids Program Canadian Coast Guard. Prescott Canadian Garde c6t+6re Coast Guard canadenne P. 0. Box 1000, PRESCOTT, Ontario. KOE 1 TO February 12, 1996 Small Craft Harbours Branch, Fisheries and Oceans, P. 0. Box 85120, 3027 Harvester Road, Burlington, Ontario. L7 R 4 K3 Dear Sir; Attention: Mr. Marchello Panichone. VILLAGE OF PORT ALL rd„ Pft »ra..ffrr.,ce 8010-1510 This subject has been dormant for some time and I would like to bring you up to date from the Coast Guard perspective. The final version of the M.O.U. has passed through the department of Justice and, from a Coast Guard view, we are prepared to sign this document (copy attached) when we receive an after dredging survey of the harbour and its approach area. This is, of course, assuming the results indicate the minimum dredging parameters are confirmed, as stated in paragraph 5.4 of the M.O.U. Also based on that confirmation, we will reactivate the "headland' light as in paragraph 5.3 and conduct the initial installation of the light and unlighted buoys as mentioned in paragraph 5.4 A. (iv) and B. (i). We will also issue the appropriate Noticed to Mariners. The two lighted buoys are nearing completion and I expect delivery shortly. As per our agreement, S.C.H./C.G., we will invoice S.C.H. for 10K with the remaining 5K to be absorbed by C.C.G. a Canada"ade fr()M (eecnrWed fTlaTefL" Fad de Dapows sec-ioe•es 90-OM107 1* ...../2' I Upon the tri-party signatures, all buoys will became the property and operational responsibility of the Village. I would like our technicians to meet with the Village representative to explain the operation and maintenance of the headland light rind buoys at the time of installation/reactivation. In summation, we are ready to proceed with the signing of the M.U.U. and will proceed with buoy installation and headland light reactivation upon receipt of an official after sounding survey. We will hold the buoys in our yard for the time being. I trust that Small Craft Harbours and the". lage will find this acceptable. A Encl. 'Cc: Reeve Nesbitt, Village of Pgrt Burwell. A. Dion - EMOAB . Yours very truly, I. H. S. Jones, Aids Operations, Prescott Base. `AGREEMENT IN PRINCIPLE FOR THE PROVISION OF NAVIGATION SERVICE AT THE ENTRANCE TO PORT BURWELL HARBOUR BETWEEN HER MAJESTY THE QUEEN IN RIGHT OF CANADA, as represented by the Department of Fisheries and Oceans, Canadian Coast Guard (hereinafter "Coast Guard") and HER MAJESTY THE QUEEN IN RIGHT OF CANADA, as represented by the Department of Fisheries and Oceans, Small Craft Harbours Branch (hereinafter "Small Craft Harbours") and THE CORPORATION OF THE VILLAGE OF PORT BURWELL (hereinafter "Port Burwell") WHZREA8 years of siltation have created a situation in which there is currently very limited safe access at chart datum from Lake Erie to the harbour at Port Burwell; AND WHEREAS limited access may be possible with periodic dredging, but the West Pier is so silted in that navigation without ongoing maintenance may never again be possible near this site; AND WHEREAS the Parties to this Agreement in Principle desire to take such steps as are currently feasible within budgetary restrictions to continue to provide for the safe navigation of small craft into Port Burwell harbour, so long as this may be accomplished in conditions which the Coast Guard considers to be safe: AND WHEREAS the Coast Guard is willing to undertake the continued provision of its services as an alternative to withdrawing them, only so long as it judges the conditions to allow for the safe navigation of small craft into the harbour; AND WRBREAS the Parties agree that the West Pier"light must therefore be changed from a navigational light to an obstruction marking light; ' AND WHEREAS the Parties agree that the existing East Pier light should not be operated as a lateral aid to navigation, but may be operated as simply a headland light signifying the presence of Port Burwell harbour; AND WHEREAS the Parties wish to enter into this Agreement in Principle to reflect and confirm the understandings reached between them with regard to their respective roles and responsibilities associated with the continued provision of services designed to ensure the safe navigation of small craft into Port Burwell harbour; NOW THEREFORE, THIS AGREEMENT IN PRINCIPLE WITNESSETH THAT: 1. Effective Date This Agreement in Principle will take effect on 1996, and will remain in effect until terminated in accordance with Paragraph 2. 2. Termination This agreement may be terminated by the provision of written notice by any one of the Parties to the other two Parties. Such termination will be effective 6 months after the date of receipt of the written notice by the other two Parties. 3. Residual Discretion of Coast. Guard The Parties agree that the Coast Guard retains a residual discretion to immediately remove its service, with proper notice to potential users, if it at any time in its sole judgment determines the entrance to the harbour to be unsafe. f. Responsibilities The -respective responsibilities of each Party arising from this Agreement are described in the following items: 5.1 Outer West Breakwall Light 5.2 Inner West Breakwall Light 5.3 East Breakwall or "Headland" Light 5.4 Dredged Channel specification and associated aids A 5.5 General 5.1 outer west Breakwall Light (L.L. 580) The Parties agree that their objective regarding this light is to change it from an aid to navigation to an obstruction light. To meet this objective, the Parties agree to assume the following responsibilities: A. The Coast Guard will, at its expense: (i) remove the existing navigation light (ii) provide, on a one-time only basis, electrical service and a submarine power cable from the nearest connection point on shore to the structure on the seaward end of the pier (iii)connect power to the obstruction lights to be provided by Small Craft Harbours (iv) transfer responsibility for the tower to Small Craft Harbours (v) attend to the requisite public notification by means of Notices to Shipping and Notices to Mariners. B. Small Craft Harbours will, at its expense: (i) provide the obstruction lights, and assume future overall responsibility for them (ii) assume responsibility for the existing light structure, r on the understanding that the responsibility for the ordinary operation and maintenance of the light will be undertaken by Port Burwell. C. Port Burwell will, at its expense: (i) accept responsibility for the ordinary operation and maintenance of the light (ii) ensure that the obstruction light is active during dark hours during the navigation season (iii)respond to light failures in a timely manner. 1 5.2 Inner west Breakwall Light The Parties agree that their objective with regard to this light is to remove it. To meet this objective, the Parties agree to assume the following responsibilities: a A. The Coast Guard will, at its expense: (i) remove the light and nearby foghorn tower (ii) provide the relevant and appropriate public notification by Notices to Shipping and.Notices to Mariners (iii)transfer responsibility for the main structure to Small Craft Harbours, B. Small Craft Harbours will: (i) accept responsibility for the structure. 5.3 East Breakwall or "Headland" Light The Parties agree that their objective with regard to this light is to provide for its continued operation to signify the presence of Port Burwell harbour. The Parties further agree that the continued provision 'of this light by the Coast Guard will only occur if Port Burwell meets the requirements specified in this section. To meet this objective, the Parties agree to assume the following responsibilities: A. The Coast Guard will, at its expense: (i) provide and assume responsibility for the operation and maintenance of this light, on the condition that the pier is structurally sound and that Port Burwell continues to meet its obligations as specified below. B. Port Burwell will, at its expense: (i) ensure that a straight channel is provided from Lake Erie to safe water in the harbour (ii) ensure that the channel has a minimum depth of 5 feet at chart datum (iii)ensure that the channel has a minimum width of 40 feet (iv) place, operate and maintain one light buoy and one reflective unlighted buoy on each side of the channel (v) indicate any changes in channel direction by light buoys. 5.4 Dredged Channel. The Parties agree that their objective with regard to the dredged channel is to provide for the safe passage of small craft into this harbour. To meet this objective, the Parties agree to assume the following responsibilities: A. The Coast Guard will, at its expense: W analyze the sounding information submitted to it (ii) issue any public no ification required (iii)conduct periodic surveys (iv) provide, on a one-time basis, two reflective unlighted buoys complete with anchors and chains. B. Small Craft Harbours will, at its expense: (i) provide funding to Port Burwell, on a one-time only basis, to procure two light buoys, complete with anchors and chains (ii) monitor the sounding information (iii)share the costs of dredging the channel with Port. Burwell as its funding and departmental priorities permit. C. Port Burwell will, at its expense: (i) monitor and report on channel conditions (ii) immediately inform the Coast Guard of its inability to meet any of its obligations specified at paragraph 5.3 (B) r (iii)place, operate and maintain all channel buoys to Coast Guard standards (iv) ensure that the buoys meet the standards required by the Private Buoy Regulations under the Canada Shipping Act (v) conduct an annual sounding survey by April 15 of each year, and provide the results to the Coast Guard. 5.5 General The Coast Guard agrees to provide such advice based on its technical and operational navigational expertise as may be requested by Port Burwell or Small Craft. Harbours. 6. Indemnity Part Burwell agrees to indemnify and save harmless the Coast Guard and Small Craft Harbours from and against all claims and demands, losses, costs, damages, actions, suits or other proceedings, by whomsoever made, brought or prosecuted in any manner attributable which directly or indirectly results from the Coast Guard having executed this Agreement. 7. Amendments The Parties agree that amendments to this Agreement may be made with the consent of all of the Parties and may be approved by such persons as may be designated by the signatories to this Agreement. CANADIAN COAST GUARD, CENTRAL & ARCTIC REGION, DEPARTMENT OF FISHERIES AND OCEANS SMALL CRAFT HARBOURS BRANCH, CENTRAL REGION, DEPARTMENT OF FISHERIES AND OCEANS DATE DATE REEVE, DATZ CORPORATION OF THE VILLAGE OF PORT BURWELL David R. Free From: Suzanna Mantel Sant: Friday, August 30, 1996 3 16 PM To: David Free Subject: Jeff Fortier Coast Guard Did council formalize takeover of navigational lights at council meeting. Please call 613-925-28+6; ext 246 or speak with Dennis Hoover Page 1 +61392--Trs0 CCG M45 PRESCM F_310 1'-31:� P-001 FL15 20 "% 1�-06 • Glnedken CoGwrt>t� � ast Canadian Coast Guard r 0. Dox 1000, PnmootL Or i 1. KOC 1 TO 1996 August 20 Mr, T Nesbitt, Reeve Village of Port Burwell P. 0. Box 10. Port Burwell, cant NOJ 1TO Dear Sir; Cxamination of the after dredging giirvey indicates that there is suftriC+ent water in the inner haiUuur of Port Burwell at the time of the survey. for safe small craft navigation. This lettet is to Inform you that the Canadian Coast Guard will determine the best position (vi the two discus light buoys provided by Small Craft Harbours and position seine At that time the" buoys will be considered to be turned over the village cif Port Burwell in artxsrdance with the agreemcnt between the Small Craft Harbours and Coast Girard branches of DFO and the village of.Pvrt urviall. The village of Port Btirwell will then be responeible for the operation and ' iritenance these light buoys and the unlighted buoys (2) also being turned uver to the vlllagp A Coast Guard vessel is tentabyety scheduled rui the first week in September to place these buoys For your information the solar and light equipment in the light buoys was providod And installed by 'Light Wave Options", 0 Maplewood Circle. Brockville, Ontario K6V 1 N4. Mr Ron Bryenton is the individual you should ask for — It is ittrongty recommended thet the village atAlvely monitor sitring within the hArbour, reiocate any or all buoys to indicate t;afest channel (d"npest water) and carry mit tiredgin9 as necessary for channel maintenance in xupport of safe navigation r he recomlriended minimum depth is d feet of water during the boating s+Rason The east ftJer title transfer of April 1993 1ncludW the Part 8urwaii Eatt Pier light, L L 583 of RW Canadian Coast Guard public tion "Inlanri waters List of Lightn, Buvys ano hog Signals" The village of Port "resell ib. therefore, responsible for Carnada"' klao. N rr, F80 dC PMPW9 r -. • 1392'a :a-W CC13 h1t5 PESMTT F-310 T-317 P-OW RA 20 '96 11:06 the operation and maintenance of this manne nOV192bon aid Pl'easc note that the Coast Guard' will no longer pay for hydro power for the East Pier light commencing a date being dOtermined by Mr David Free, Village Cleric, and the Acting Supervisor Marine Technlclans Prescott Due to the speed of silting in your harbour and fluctuations in channel coarse (deepest watAr) this light should not be changed from the yellow 'cautiunary- c0lour as Established by the Canadian C00al Guard Should the light, or light buoys, becottw +extinguhaled or showing improper characteristics (broken lens resulting in wh"e light) and can not to corrected Immediately a Notice to Shipping should be initiated through the CCU Operations Center (Notehip dock) in Sarnia at 1-$00-2e5-O237 Provide name and telephone number of caller and the name, list of lights numhAr and rather pertinent data to correctly identify the navigatiorial aid When the nutage is corrected the Center must be notified promptly lu permit cancellation of the Notice to Shipping. The Notice to Shipping is bivadcast to mariners nn marine frequencies and will help protect the village's liabilities should an navald be malfunctioning, off position, rekxated duo to silting, etc This Wrrce should be notified about any Permanent charges to permit amendments to charts and publications. The Canadian Coast (3uard will 110 longer be I'Mponsible for the operation, maintenance and liabilities Fur these ►nanny aids to navigation upon establishment of the light buoys, It is requested that councii acknowledge the above by return letter. Should you ewer have any queries or require asrtishrice in determining channel marking please feel' free to contact the undersigned. We wish you every success with your harbour. Yours tru i C Steven D. Lear Supervsor, Marine Aids Prnaram Conedlan Coast Guard. Prescott The 'Corporation of the Village of Port BurweU Post Office Brno # 10 21 Pitt Street Port Burwell, Ontario By -Law 95-03 Being a by-law prescribing a tariff of fees for the processing of applications made in respect of planning matters. WHEREAS the Planning Act, RSO 1990 c. P. 13 s. 69 enables the Council of the Village of Port Burwell to prescribe a tariff of fees for the processing of applications made in respect of planning matters; AND WHEREAS Section 68 of the Planning Act restricts the tariff to meet only the anticipated cask to the full the processix4of each type of application provided for in the tariff; NOW THEREFORE, the Council of the Village of Fort Burwell enacts as follows: 1.0 THAT the tariff proin this By -lawn shall apply to cover the anticipated costs incurred by the Village of Port Burwell in processing the following applications made in respect of the Planning Act, RSO 1990, c. P. 13; 1.1 an 'Amendment' application to the Village of Port Burwell Official Plan in accordance with Section 21 of the Planning Act, sha11 be a fixed cost of $ 1,500.00. 1.2 an 'Amendment' application to the Village of Port Burwell Zoning By-law in accordance with Section 34, Section 35, Section 36 or Section 38 of the Planning Act, shall be a fixed cost of s 1, 000.00. 1.3 an application for a 'Minor Varimce' to the Village of Port Burwell Zoning By-law in accordance with Section 44 of the Planning Act, shall be a fixed cost of $ 500.00. 1.4 a 'Consent' application in accordance with Section 49 of the Planning Act, RSO 1990, c. P. 13 shall be a fixed cost of $500.00. 1.5 an application for a 'Site Plan and Site Plan Agreement' in accordance with Section 4o of the Planning Act, RSO 1990, c. P. 13 and municipal bylaws. 1.6 an extension or enlargement of a building or structure or a change in the use of land, buildings, or structures in accordance with Section 44 of the Planning Act, RSO 1990, c. P. 13. 1.7 a 'Plan of Subdivision' application in accordance with Section 50 of the Planning Act, RSO 1990, c. P. 13. 1.8 a 'Temporary Use Bylaw" application in accordance with Section 39 of the Planning Act, RSO 1990, c. P. 13 shall be a fixed cost of $1,5©0.00 not excluding subsidiary costs and fees with respect to Section 1.4 of this bylaw. 2.0 THAT the tariff shall apply to the following municipal functions in the processing of an application listed in Section 1. 2.1 Prelinjw4ry review of the subject application (including the preparation of written reports and maps, site visits, and meetings) by the Village of Park Burwell Planning Consultant and/or Solicitor where in the opinion of Council this is deemed necessary or desirable; 2.2 Public meetings as required under the Planning Act; 2.3 Special meetings of Council, where deemed necessary or desirable either by Council, or where requested by the applicant, in respect of the subject application . 2.4 Preparation of any required amendments or agreements in respect of the subject application by the Village of Port Burwell Planning Consultant, Solicitor or Cleric; 2.5 Incidental expenses incurred in the processing of the subject application such as mailing costs, printing charges, and publication charges; 2.6 Preparation for =4 aftn&nce at an Ontario Municipal Board hearing by the Village of Port Burwell Planning Consultant and/or Solicitor in respect of the subject application. 2 s 3. The tariff of fees in processing applications in accordance with this By-law shall be fixed cast as prescribed in Section 1.0 of this bylaws or a combination of fixed fees and fees rased on a time consumed basis in accordance with the following: 3.1 Planning & Engineering fees: Fees as charged by the Village Consultants 3.2 Legal fees: Fees as charged by the Village Consultants 3.3 Public and special meetings of Council S 500.00 per meeting 3.4 incidental expenses and diobumments Costs as incurred and verified by the municipal offices in the processing of the applications (postage, building rentals, advertising, photocopies, etc) 4.0 Notwithstanding the foregoing, Council or the Committee of Adjustment may reduce the amount of, or waive the requirement for the, payment of the fee in respect of an application where Council or the Committee is satisfied that it would be unr+Pasonahle to require payment in accordance with the tariff. 5.0 Prior to commencing the processing of any application listed under Section 1 of this By-law, the Village of Fort Burwell shall require a minimum deposit in an amount not to exceed ,$1,5W.00 to cover the anticipated costs to the Village of Port Burrell in processing the subject application, any remaining balance of which shall he returned to the applicant upon deduction of the fees incurred in processing the application pursuant to Section 3 of this By- law. This by-law hereby repeals any and all other by-law related to this matter. This by-law shall come into force and effect on the date of its passing. 3 Read a first and second time this I Otk day of January, 1995. Alp%�arator/Clerk-Treasurcr Read a third time and fi jelly passed this I otk day of January, 1995. nistrator/clerk-Treasu rer 4 Tihe Corporation of the village of Fort Burwell Post Office Box # 1 0 21 Pitt Street Port Burwell, Ontario By -Law 95-03 Being a by-law prescribing a tariff of fees for the processing of applications made in respect of planning matters. WHEREAS the Planning Act, RSQ 1990 c. P. 13 s. 69 enables the Council of the Village of Port Burwell to prescribe a tariff of fees for the processing of applications made in respect of planning matters; AND WHEREAS Section 68 of the Planning Act restricts the tariff to meet only the anticipated cost to the full t6 processing of each type of application provided for in the tariff; NOW THEREFORE, the Council of the Village of Part Burwell enacts as follows: 1.0 THAT the tariff prescribed in this By-law shall apply to cover the anticipated costs incurred by the Village of Port Burwell in processing the following applications made in respect of the Planning Act, RSO 1990, c. P. 13; 1.1 an 'Amendment' application to the Village of Port Burwell Official Plan in accordance with Section 21 of the Planing Act, shall be a feed cost of 1, r,00 1fJ. '1.2 an 'Amendment' application to the Village of Port Burwell Zoning By-law in accordance with Section 34, Section 35, Section 3+6 or Section 38 of the Planning Act, shall be a fixed cost of $1,000.00. 1.3 an application for a 'Minor Variance` to the Village of Part Burwefl Zoning By-law in accordance with Section 44 of the Planning Act, shall be a fixed cost of S 5M.00. 1.4 a 'Consent' application in accordance with Section 49 of the Planning Act, RSQ 1990, c. P. 13 shall be a fixed cost of $5oo.00. 1.5 an application for a 'Site Plan and Site Plan Agreement'in accordance with Section 40 of the Planning Act, RSO 1990, c. P. 13 and municipal bylaws. 1.6 an extension or enlargement of a wilding or structure or a change in the use of land, buildings, or structures in accordance with Section 44 of the Planning Art, RSO 1990, c. P. 13. 1.7 a 'Plan of Subdivision' application in accordance with Section 50 of the Planning -Act, RSO 1990, c. P. 13. 1.8 a 'Temporary Use Bylaw' application in accordance with Section 39 of the Planning Act, RSO 1990, c. P. 13 shall be a fixed cost of $1,500.00 not excluding subsidiary cc-sts and fees with respect to Section 1.4 of this bylaw. 2.0 THAT the tariff shall apply to the following municipal functions in the processing Of an application listed in Section 1. 2.1 Preliminary review of the subject application (including the preparation of written reports and maps, site visits, and meetings) by the Village of Port Burwell Planning Consultant and/or Solicitor where in the opinion of Council this is deemed necessary or desirable; 2.2 Public meetings as required under the Planning Act; 2.3 Special meetings of Council, where deemed necessary or desirable either 6y Council, or where requested by the applicant, in respect of the subject application. , `'s 2.4 Preparation of any required amendments or agreements in respect of the subject application by the Village of Port Burwell Planning Consultant, Solicitor or Clerk; 2.5 Incidental expenses incurred in the processing of the subject application such as reading ctnts, printing eharges, and publication charges; 2.+6 Preparation for and attendance at an Ontario Municipal Board hearing by the Village of Port Burwell Planning Consultant and/or Solicitor in respect of the subject application. 41 2 I Tire tariff of fees in processing applications in accordance with this By-law shall be fixed cast as prescribed in Section 1.0 of this bylaws or a combination of fixed fees and fees based on a time consumed hasis in accordance with the fallowing: 3.1 Manning & Engineering fees: Fees as charged by the Village Consultants 3.2 Legal fees: Fees as charged by the Village Consultants 3.3 Puhhc and special meetings of Council $ 500.00 per meeting 3.4 incidental expenses and e ahursements Costs as incurred and verified by the municipal offices in the processing of the applications (postage, building rentals, advertising, photocopies, etc) 4.0 Notwithstanding the foregoing, Council or the Committee of Adjustment may reduce the amount of, or waive the requirement for the, payment of the fee in respect of an application where Council or the Committee is satisfied that it would he unreasonable to require payment in accordance with the tariff. 5.0 Prior to commencing the processing of any application listed under Section 1 of this By-law, the Village of Port Burwell shall require a minimum deposit in an amount not to exceed $1„500.00 to cover the anticipated costs to the Village of Port Burwell in processing the suhject application, any remaining balance of which shall he returned to the applicant upon deduction of the fees incurred in processing the application pursuant to Section 3 of this By- law. This by-law hereby repeals any and all other'by-law related to this matter. This by-law shall come into force and effect in the date of Its passing. 3 L1 React a first and second time this loth clay of January, 1995. him �aw I 719mi W;O' or W-F W •,i_ • Read a third time and fiy passed this loth day of January, 1995. peeve — ,k nistrator/Clerk-Treasurer 4 'Me Corporation 4 the village of Port Burwell Pest Office Box # 10 21 Pitt Street Port Burwell, Ontario By -Law 95-58 XCIOD Being a by-law to amend By-IAw 95-03, being a by- law prescribing a tariff of fees for the processing of applications rnade in respect of planning matters. ► 14 E REA.S #be Planning Act, RSO 1990 c. P. 13 s. 69 enables the Council of the pillage of Port Burwell to prescribe a tariff of fees for the processing of applications made in respect of planning matters; AND W 14EREAS Section 68 of the Planning Act restricts the tariff to meet only the anticipated cost to the full the processing of each type of application provided for in the tariff; AND WHEREAS the Council of the pillage of Port Burwell has enacted Bylaw 95-03 being a by- law prescribing a tariff of fees for the processing of applications made in respect of planning matters. NOW THEREFORE, the Council of the 1 d]Age of Port Burwell amends Section 1.4 as follows: 1.4 a "Consent' application in accordance with Section 49 of the Planning Act, RSO 1990, c. P. 13 shall be a fixed cost of $75.00 for processing by the municipality and fees as permitted by bylaw by the Erin County band Division Committee. This by-law shall come into force and effect on the elate of its passing. 1 kc-A a first an(I second time this 24th day of Octoher, 1995. mi istrator/Clerk-`treasurer Read a third time and��Iy passed this 24th day of October, 1995. Reeve A.mirk rator/Clerk--Treasurer Fa CHAPTER 5 Subdivision Control: Section 50 of the Planning Act 1. INTRODUCTION Section 50 of the Planning Act2 affects virtu ally all transactions involving real property in- terests in Ontario. Its purpose is to control the manner in which land can be divided and dealt with, and non-compliance is fatal to any in- tended transaction. 'Because it is restrictive in nature, limiting the manner in which owners can deal with their land, it has been the subject of numerous schemes for avoidance and exten- sive litigation to determine the manner in which it a!'feeEa transactions. This paper is not in- tended as an in-depth treatment of s. 50, but rather as an overview of its purpose, a summary of its more important subsections and a starting place for more detailed analysis of the section. It is designed only as an introduction to the section, and should be read in that context. There is a substantial body of case law re- garding s. 50 of the Planning Act. Although one must be aware of the reported decisions, they are not necessarily the 'key to avoiding contra- ventions of s. 50, or resolving issues relating to the effect of the section on prior transactions. Many of the reported decisions have arisen in the context of Vendor and Purchaser applica- tions where the two sides of an issue are often not strenuously argued, since the parties may be intent only on solving a mutual problem as quickly and cheaply as possible, without exten- sive research or consideration of planning poli. cies. Inconsistent judicial decisions are not uncommon and, consequently, may make it dif- ficult for the practitioner to rely on the reason- ing contained in any one decision to resolve questions of title. As a result, it is important to understand the plain wording of the subsections and also to appreciate the case law pertaining to them in the context in which the decisions SIDNEY H. TRDISTER' have been rendered, so that the cases can be properly and carefully applied to ensure compli- ance with the Act.3 2. PURPOSE OF SECTION 50 Section 50 of the Planning Act, f which in earlier Planning Acts was called s. 23, 24, 26, 29 or 49), is the main instrument of subdivision control in the Province of Ontario. Subdivision control means the control by government of the division of land into smaller parcels. This is a broad definition and includes land division that might serve a wide range of purposes. The breaking up of a farm by a developer into hun- dreds of building lots is controlled by the Act, but so is the division in half of an old house lot, to allow construction of a second house for the owner's married child. The legislation is neces- sary because at common law the owner of land could do with it as he wished, subject to possible nuisance actions, and such absolute control is inconsistent with good municipal planning. In Ontario, the provincial government does not, in most cases, exercise direct control over development, but rather allows the municipali- ties substantial autonomy regarding their own futures. Therefore„ to the extent that the pat- tern of land division has tremendous implica- tions for the certainty of boundaries, lot sizes, road patterns, and the provision of services, and ultimately the economic viability and aesthetic impact of a community, the main responsibility rests with the municipality.{ The fact that the legislation is designed to allow development decisions to be made by the municipality, overseen by the Ontario Munici- pal Board, should never be overlooked. In the past. courts have often stressed the purpose of s. 50 when attempting to assess the effect It B A , L.T. 8 !. v*er of the Ontario Bar Pirtn" of T,,4m Alwr: C: Am A Arbw Revtsed Cktober 19VI Piamm pig Art. R S [3 I SKXS.: P 1 ] I Farrnvfy se d6, ?9 aril 49 of the Act.) 1 For an en-depN m%Wysrs of tftr scomm aim its away mum set S H TfaWm. Tltr f nr,d %ehrJ,rtu,w Grcdre,! .n C?neun,., T„remo Carswell„ 1998 t + 18 MWw. "An Dwaduation to Subdtvomon Canwol I epWab lf(1965). 43 Can Bar Rev :9 W B Rayner,-s"Wivesa,w [',miffed rw Onsurrer a A,ginmun Carsiute Law Bout., 19761 95 cap Law Society of upW Cwaru da c tt]bw 1996 MW 10 be wed or Wram csd "WXXA piirmMSM 5 2 Real Estate 37th BAC Phase 3 should have on a given transaction, asking whether it is the type of transaction the munici- pality wants and needs the right to control. A court taking a remedial approach to a. 50 may hold a transaction to be permitted, although on a literal reading of the section, it may appear to contravene. 3. EFFECT OF CONTRAVENTIONS: SECTION SN21) (gl) JG agreement, conveyance, mortgage or chariW__J made, or a power of appointment granted, assign& or exercised in contravention of this section or a 1 predecessor thereof does not create or convey any, interest in land, but this section does not affect an agreement entered into subject to the express cendi- tion contained therein that such agreement is to be effective only if the provisions of this section are ; complied with. , Section 50(21) provides that any transaction prohibited under s. 50 for the equivalent section in an earlier statute) "does not create or convey any interest in land". The types of documents specified in the subsection include agreements, conveyances, mortgages and charges. In the event that s. 50 is contravened, the contraven- ing document does not create an interest in land, and as a result, the purpose of any such docu- ment (e.g., to convey or charge) is substantially undermined, since in each case the essence of the document is to create or convey an interest in lased, Since the effect of a contravention is to negate the document's ability to create or convey an interest in land, it is essential that one ensure compliance with a. 50 in all transactions Section 50(21) does, however. contain a pro- vision that is available to protect the interest in land created by an Agreement of Purchase and Sale, where the Agreement at the outset is in contravention of a. 50 but the contravention can be cured prior to closing. So long as the Agree- ment is entered into "subject to the express condition contained therein that such agree- ment is to be effective only if the provisions of this section are complied with the agreement is valid and fully enforceable pending the reso- lution of the immediate Planning Act problem. If the express condition is included, neither party can immediately declare the agreement itreffective on the ground that the agreement creates no interest in the land due to the Plan- ning Act contravention. Without the express Condition permitted by the Act, an agreement contravening the section would not create an interest in land_ As a result, you will note that the real estate Lards' forms of Agreement of Purchase and Sale all include a provision similar to the follow- ing: Provided that this Agreement shall be effective to create an interest in the property only if the subdivi- sion control provisions of the Planning Act are com- plied with by the Vendor on or before completion and the Vendor hereby covenants to proceed diligently at his expense to obtain any necessary consent on or before closing. Such an explicit provision should be included in every Agreement of Purchase and Sale, Op- tion to Purchase Agreement, Lease or other document involving an interest in land, in order to guarantee protection for the agreement from the effect of s. 50(21) in the event that an unex- pected Planning Act problem arises. 4, THE BASIC PROHIBITION; SECTION SW3) (3) No person shall convey land by way of a deed or transfer, or grant, assign or exercise a plower of ap- pointment with respect to land. or mortgage or cha — land, or enter into an agreement of sale and purrltaas ofland or enter into any agreement that has the eff6 of granting the use of or right in land directly or b7' entitlement to renewal for a period of twenty-one' years or more unless, s) the land is dew abed in accordance with and is within a registered plan of subdivision; fhi the grantor by deed or transfer, the person granting, assign-ag or exercising a power of appaintmnent, the mortgagor or chargor, the. vendor under an agreement of purchase'find. sale or the grantor of a use of or right to lama:, as the case may be, does not retain the few or, the equity of redemption in, or a power or, right to grant, assign or wwrcaae a power of appointment um respect of, any land abutting, the land that is being conveyed or otherwise dealt with other than land that is the whole^ of one or snore lots or blocks within one or' more registered plans of subdivision;` 6 the land or any use of or right therein is bats# acquired or disposed of by Her Majesty iai right of Canada, Her Majesty in right alrOn tano„ Ontario Hydra or by any municipslitlr;' d) the land or any use of or right therein is baenr acquired far the purpose of a trsmsmission lure as defined m the Ontano BnerYpr scrim? Act IR.S.O. 19W. c. 3321 and in rasped of which the person ac quzrtag the land or ant ws ofor eight therein has made a declaration Comm Ifts Low Society oe Ugper Cwukoa cry No to Cr used or r -0 r, d ur.-WxxA pa"nesim 37th BAC. Phase 3 Subdivision Control: Section 50 of the Planning Act that itfig belag'aoquired for such' p�' 0" &hall be oonclrssive evidence that it is being acquired for such purpose; , (e) the land or away use of or right therein li bein ' . tux;uired for Cho purposes of flexed -cr atrul sroion controk bank stabilixetion, shoreisne maaageaoent warity_,ore preeervatoo,p _. soneitive lands under a pro - Jest approvedOrthe Minister ofNataural_Re' sources u=► er s. 24 intr'the�o�i�re _ _. +. Mob Authorities Ad `and in respect of whkE officer of the con' mmation authority--#11r7 ing the land or aiaj rice of or right thensirilais , made a declaration that it is bei* &c4u5ft*d- for any of such purposes, which shall be clusive evidence that it is being acquired fni such purpose;or tf) consent is given to convey, mortgage or, charge the land, or grant, assign or exercise a power of appointment in respect ofthe land or enter into an agreement in respect of the' land. The prohibition is contained in the preamble to the subsection and prohibits a person from effecting a broad variety of transactions relating to land or interests in land. "Person' includes a corporation and any other type of body, such as a partnership or a sole proprietorship, as well as an individual; the subsection applies to eve- ryone. The fallowing are the prohibited tranaac- tions: 1. conveying land by deed or transfer; 2- ,granting, assigning or exercising a power of appointment to power to appoint is equiva- lent to a power to convey with respect to land) N e., land held by an owner to uses includes a power of appointment;) 3- mortgaging or charging land; 4. entering into an agreement of sale and pur- chase of land; and 5. entering into any agreement that has the effect of granting the use of or right in land, directly or indirectly by entitlement to re- mewal, for a period of 21 years or more (i.e.. any agreement that would give someone the right to use land for 21 years or more). For example, this would include: (i) granting a right-of-way or easement in. perpetuity; (ii) granting a lease with a term of 21 years or more; 5 FuLum, v Puizaw (19R2). 2R.I'.R- 72 (Omi.'H.C-) 6 Re Bmwkr— wed WrTeM t 1965). 500 R. (18666, 37 R P R !65 (H C i 5-3 (iii) granting a 15-year lease with an op- tion to renew for 10 years-, or (iv) granting an option to purchase. Therefore, it must be recognized that s. 50 is, on its face, extremely broad and that virtually all common transactions, except perhaps short term leases without options to purchase or re- new, are caught by the prohibition. It should be noted, however, that the courts have interpreted the proscribed and enumer- ated transactions very narrowly, and other types of procedures that have the effect of dMd- ing land but are not specifically prohibited are not affected by the section - It appears from the case law that the follow- ing are not included in this general prohibition even though they may divide land: 1. vesting orders under Family Law Act.S 2. vesting orders under Trustee Act 6 5. THE EXCEPTIONS TO THE PROHIBITION There are six situations in which the basic prohibition is not applicable, and compliance with any one of the six exceptions makes the transaction permissible. Each exception in- volves either a transaction where land is not being divided or municipal or governmental con- sideration of planning issues, which therefore makes the application of the Planning Act ir- relevant. 5.1 Pkma of Subdivision: Section MM (ac) No transaction is prohibited by s- W3) so long as the land that is the subject matter of the transaction is'deambed in accordance with and is within a registered plan of subdivision' This is a reasonable exception, given that govern- mental approval would already have been granted to the pattern of land division laid out on the plan before the plan of subdivision was registered. With respect to land within a regis- tered plan of subdivision, the underlying pur- pose of s. 50 has already brim sawed and need not lender or prevent the vow of or other dealings with land within the registered plan. However, one must note the application of the 'part lot" control provisions contained in i1S crap Law Som ey of Upper GansOa 0[7n W I M " to be used or repro&c WWUPrf PM Woo 5 - 4 Real Estate 37th $AC: Phase 3 s. 50(5), which function as a substantial qualifi- cation to this exception (see Part 6 below). Notwithstanding the above exception, it is possible for a municipality, for the purposes of s- 50, to deem a plan of subdivision which has been registered for eight years or more, not to be a registered plan of subdivision, pursuant to s. 50(4). Presumably, a municipality would choose to pass such a by-law where it wanted to regain planning control over an established area, perhaps because of changes in patterns of development or municipal policy where the pre- viously approved plan is considered obsolete. Note that the plan remains a plan of subdivision for all purposes except for the purpose of being included in subsection 50(3ila): (4) The council of a local municipality may by by-law designate any plan of subdivision, or part thereof, that has been registered for eight years or more, which shall be deemed not to be a registered plan of subdivision for the pur- poses of subsection (3)_ 5.2 No Abutting Lands Section 50M (b) Paragraph (b) constitutes the major excep- tion to a. 50(3). This exception allows a person to carry out the transaction so long as he or she does not retain the fee or the equity of redemp- tion (i.e., the right to recover unencumbered ownership of the land upon repayment of a mortgage loan), in any land "abutting the Land that is being conveyed or otherwise dealt with", unless the abutting land is the whole of a lot or block on a registered plan of subdivision. If a person deals with all of the land owned so that that person retains no ownership inter- est m any land having a common boundary with the land being dealt with, such dealing is per- mitted, since it complies with m. 50(30). How- ever, dealing only with a part of a parcel of land while retaining ownership of abutting land is prohibited because it would have the effect of dividing the parcel into two parcels. Note the exception to the rule if the retained land is the whole of a lot or block on a plan of subdivision. From a planning perspective, this situation should not be prohibited; if the whole lot or block is exempt in any event, because it is on a plan of subdivision (and not subject to the part lot. control rule) it follows that the remaining parcel should be similarly considered a separate par- cel The following examples will assist in appre- ciating the ,practical manner in which this basic exception to the prohibition operates and how the Act can be contravened. Assume Owner is the owner of various parts of this parcel of land. If Owner owns 3inly parcel B, Owner is able to sell it and rely on the "no abutting lands" exception to avoid a contravention of s. 50. How- ever, if Owner owns parcel B and C, and only wants to sell parcel B. retaining Parcel iC, the transaction will not fall within the "no abutting lands" exception and Owner will have to find some other exception to the prohibition for the interest to pass. The same analysis would apply if Owner were mortgaging the land, or granting an option to purchase or a lease with a term of 21 years or more, etc. Figure 1 A B C 1D E F Variations on the above fact situation give some idea as to how the subsection ham been interpreted and applied: 1. Owner acquired parcel B in May 1985, and parcel C in June 1985 Historically, they had been separate properties. Can Owner now sell parcel B alone and rely on the "no abut- ting lands" exception even though, histon- cally, there is no planning issue involved? Section 5tk3) does not give any considera- tion to the prior history of the lands in question. For Planning Act purposes, all abutting land under the same ownership "merges' into one parcel, and the transac- tion is prohibited. 2. If Owner owned parcels B and F, can Owner sell B and retain P Lands which only meet at a point have been held not to abut. As a result. "checker boarding" can be used in the acquisition of parcels of land, whereby alter- nating parcels of land are ultimately regis- tered in different owners names to avoid future potential. Planning Art contraven- tions. Parcels A, C and E would be pur- chased by fawner [Owner 11. and B. D and F purchased by Owner 2 to avoid merger. 3 Could Owner sell the mineral nghts to par- cel B and still retain, the surface rights with- out the transaction contravening s. 50? Section 50W-provides that interests in ` lands do not abut when thev sheet on a oc'lotw I095 Law Soomy of Uppm canerla chp Not to to UW or rrprodursd W@XXA pwrrreuw 37th RAC: Phase 3 Subdivision Control: Section 50 of the Planning Act horizontal plane only As of December 9, 1994, s. 50(2.1) deems land to exclude min- ing rights in or under land but not mining rights on the land. 4. Where Owner owns parcels B and C, can a sale be effected in such a simultaneous man- ner, that, at the instant of simultaneous conveyances, Owner retsina no abutting land? If the two parcels are being conveyed to different persons, according to s. 50(15), Owner is deemed to retain ownership in the abutting land for the purposes of s. 50(3), unless the conveyances involve "the same parties acting in their same respective ca- pacities". If Owner were to convey parcels B and C simultaneously to Buyer X and Buyer Y respectively, the merged parcel of B and C would be divided contrary to the section and the simultaneous transactions would not be protected by 9. 50(3)(b). However, Owner can convey parcels B and C to the same Buyer and the conveyance will be pro- tected by the "no abutting lands" exception. The parcels remain merged, now under Buyer's ownership, and there is no violation of the spirit of the section. 5. If Owner owns parcels B and C, and C is a separate lot on a plan of subdivision, can Owner sell. B only and have the conveyance remain within the "no abutting lands" ex- ception? The last phrase of s. %3Xb) provides that the no -abutting -lands exception applies if the,abutting land in "the whole of one or more lots or blocks within one or more reg- istered plans of subdivision" !see Part 6 below ). &3 T"ranmctiona Involving Government: Section SW3)(c), (d) and (e) The rationale for these exceptions is identi- cal. If the government or a government agency wishes to acquire or dispose of lands in such a way that additional parcels will be created, or that land will be divided, one can only assume that it, as the body with control over planning, has considered the planning implications of the transaction and found there to be satisfied. 7 PLv~xAct, IQRi. % 521" ) 5 5 Section 50(3Nc) creates an exception to the general prohibition for the acquisition or dispo- sition of land by federal, provincial and munici- pal governments and Ontario Hydro. As a result, for example, there can be no Planning Act contravention regarding conveyances to mu- nicipalities for road -widening purposes or the granting of rights -of -way to Ontario Hydro for the placement of transmission lines. Section 50(3)fd) relates more specifically to the acquisition of land or rights in land for the purpose of transmission lines. Section 50(31(e) excepts from s. 50 contravention the acquisition of land or rights in land for purposes of flood control, erosion control, bank stabilization, shoreline management or the preservation of environmentally sensitive lands. 5.4 Consent Obtained, Section 50(3) () The other major exceptton to the prohibition set out in s. 50(3) is if the transaction is effected with the consent of the relevant ,governmental body. "Consent" is defined in s. 50(1) of the Act. Approval of an otherwise prohibited transaction may be given by the appropriate municipal, city or county council or the Ministry of Housing, depending on the location of the land, once it has determined that planning principles will not be sacrificed or may be compensated for in some way. Often the consent will be granted by a Committee of Adjustment or Land Division Committee, which are simply bodies to which powers to grant consent have been delegated. A consent lapses on the expiry of two years following the date on which the certificate of decision of consent was given, if the transaction approved for consent has not been carried out.7 The body granting consent can also shorten the lapse date or impose conditions on the grant of consent. ,For example, obtaining the necessary consent to the division of a parcel of land in half. for the purpose of selling the eastern half, and satisfy- ing all conditions that are imposed upon the granting of the consent, allows the owner to sell the eastern half within the next two years, while continuing to own the western half, without contravention of a 50 The deed to the eastern half will be endorsed with a certificate that consent to the transaction has been given, to establish that the transaction is permitted. +beeveminercho.5-" CrV Law SdOMy of Upper +Canada. Cane 1995 Not 10 be Used or reprowmd WWXXA pernisunn 5-6 Real Estate 37th BAC Phase 3 Practically, obtaining consent is the most com- mon manner in which an owner may deal with part of his land while retaining an interest in abutting land. 6. PART LOT CONTROL: SECTION ,5wSf. J Section 50(3 Xa) allows a transaction to pro- ceed without being in contravention of the Act so long as the land being dealt with is `within a registered plan of subdivision'. Section 50(5), however, was enacted to deal with the problem of the owner who wants further division of a parcel of land already within a plan of subdivi- sion. A plan of subdivision essentially takes a large parcel of land and through a planning process, divides the parcel into many smaller parcels called lots or blocks. These lots or blocks are conveyable panels and excepted under s- 50(3) because they have been recognized for planning purposes as lots which may be dealt with with- out regard to s. 50 of the Planning Act . Section 50(5) addresses the issue of an owner of lot or block dealing only with part of that lot or block in a manner that would be contrary to original intentions when the plan of subdivision was approved. (5) Where land is within a plain of subdivision regis- tered before or after the coming into force of this section, no permnn *Anal! convey a part of any lot or block of the land by way of a deed, or transfer, or grant, assign or exercise a power of appointment in respect of a part of asq st or block of the land, or mortgage or charge a pint of any lot or block of the land, or enter into an agreement of sale and purchase of a part of any lot or block of the land or enter into any agreement that has the effect of granting the use of or right in a part of any kit or block of the land directly or by entitlement to renewal for a period of twenty-one years or more unless, (a) the grantor by deed or transfer. the person granting, assigning or exercising a power of appointment, the mortgagor or chargor, the vendor under an agreement of purchase and We or the grantor of use of or right in land, as the case may be, does not retain the fee or the equity of redemption in, or a power nr right to grant, assign or exercise a power of appointment in respect of, any land abutting the land that w being conveyed or otherwise dealt with other than land that is the whole of one or more lots or blocks within one or more registered plans of subdivision. (b) the land or any use of or right therein is being acquired or disposed of by Her Majesty in right of Canada. Her Majesty in right of O n- tano, Ontario Hydro or by any municipality: (c) the land or any use ofor right therein is being acquired for the ,purpose of a transmission line or utility line, both as defined in the Ontario Energy Board Act, and in respect of which the person acquiring the land or any use of or right therein has made a declaration that it is being acquired for such purpose, which shall be conclusive evidence that it is being acquired for such purpose; 1 d.) the land or any use of or right therein is being acquired for the purposes of [food control, erosion control, bank stabilization. shoreline management works or the preservation of environmentally sensitive lands under a pro- ject approved by the Minister of Natural Re- sources under s. 74 of the Conservation Authorities Act and in respect of which an officer of the conservation authority acquir- ing the land or any use of or right therein has made a declaration that it is being acquired for any of such purposes, which shall be con- clusive evidence that it is being acquired for such purpose: (e) the land that m being conveyed., or otherwise dealt +nth is the remaining part of a lot r�r block, the other part of which was acquired by a body that has vested in it the nght to acquire land by expropriation; or (f) consent is given to convey, mortgage or charge the land or grant, assign or exercise a power of appointment in respect of the land or enter into an agreement in respect of the land. -Identical in structure to s. 50(3). a 50(5) pro- hibits a person from dealing with "a part of any lot or block of the land', where the land is within a registered plan of subdivision, unless the transaction may be brought within one or more of the 6 specific exceptions. Accordingly, one can rely on the s. 50(3xa) plan of subdivision exception only if the land being dealt with is the whole of a lot or block on a plan of subdivision. If one is not dealing with the entire lot or block as found on the plan of subdivision, s. 50(3 Na ) is of no assistance, and one must proceed to find a further exception, from the list in s. 50(5).8 B The pintas 'U at block on a d 9aft 0— of eabdivuaan" heat s ram rme yang than 4anrnae' be aganeaed The word '-f e ' in pamcuiar, u(deri antes in the dacnpaxxi ut land, but not c%vey km w a lad on a repsnered plain of %ubdrvtuon, and dicretone om came owaya rely on the ooi veyoKc of land dexrcrebed as "Land" bangpow under a 5(1 Xaal A eunvcyancc rnay involvc she whale of a ice on a wataauoa. dhc whale od a puce) agmamd under die Und Tides t.y atori. the whole of s kx on a ftcgn = is ccmipicd plan or she whale of a poet an a Ck*mw i M Low soarny of Upper Canes: ,c1V Noi is be used or reproduced w 0loia pommision 37th BAC: Phase 3 Subdivision Control: Section 50 of the Planning Act Assuming that Owner ovens the whole of 1AYU 1 and 2 on a registered plan of subdivision, Owner may sell Lot 1 or Lot 2 without contra- vening s. 50(3), due to the combined protection of s. 50(3 Xa) (within and described on a plan of subdivision) and 50(5) ( land is not part only of a lot or block on a plan of subdivision). In either conveyance, Owner would be dealing with the whole of a lot on a registered plan of subdivision. Figure 2 10- LOT 1 LOT 2 �. WEST 1/2 EAST 1/2 WEST 1/2 EAST 1/2 LOT 1 LOT 1 LOT 2! LOT 2 However, if Owner builds semi-detached houses on each lot (i.e., 2 dwelling units on each lot, such that only one-half of each lot would be conveyed to a single purchaser], ii� aoald' aft sell any ow of the houses ind AdmWy with - IN of a.. 50. Although Owner is dealing with land within a registered plan of subdivision. Owwir tmlos a" ola. W5X wl� I 111- dealm wuh, plat eta he Unbw Owner fir a llaelhae saeaodua to MY on. &I Exception& Allowing Conveyances of Fart L©#sr Section 50(5)(f) and Section 50(7) If one wishes to sell or otherwise deal with a part of a lot within a registered plan of subdivi- sion, one must loop to a. 50(51 for exceptions to the general prohibition. The exceptions are essentially the same as those set out in a. 50(3Xb)-(/). 7b deal with part of a lot or block on a plan of subdivision, one must either retain no ownership interest in abutting land, or be dealing with government or obtain a consent to the Uanowtion. The novel exception, appReable to transac- tions on or after August 1, 1983, is paragraph 50(5ge), which applies to dealings with the re- mainder of the lot or block that remains after part of a lot has been "acquired by a body that has vested in it the not to acquire land by expropriation'. 5-7 Assume that a strip of land from Lots 1 and 2 has been conveyed by Owner to the municipal- ity for road -widening purposes. if Owner sub- sequently wants to sell Lot 1 (more accurately, that part of Lot 1 which was not conveyed to the Municipality), the transaction would appear to be prohibited by s. 50(5), which prohibits deal- ing with part of a lot while retaining an owner- ship interest in abutting land. Figure 3 However, Owner will be able Wrely on the exception contained in paragraph (e) to protect the transaction, since Owner will be dealing with all of the lot except a portion owned by the Municipality, which has in it the power of expro- priation. 6.2 Exempting By -Leta A Municipality can pass a by-law pursuant to s. 50(7) that exempts specified lands from the Part Lot Control provisions (i.e., a. 50(5) of the Planning Act). In such instance, part lot trans- actions are permitted, since the land is de- scribed within a Plan of Subdivision (a s. 50(3Na) exception) and a. 50(5) is not applica- ble. (7) Despite subsection (5), the council of a local mu- nicipality may by by-law provide that subsection (5) clods not apply to land that is within such registered plan or plans of subdivision or part or parts thereof' as is or are de agnated in the by -Um, and, where the by-law it approved by the Minister, subsection (5) ceases to apply to such land, but they by-law, without requiring the approval of 'the Miniater, may be re- pealed. or may be amended to dalete part of the laada described therein, and when the requirements of subsection (24) have been complied with, subsection (5) thereupon applies to the lands affected by the repeal or amendment. IchmWe peso of sw%vy. waho W ravaivius ft wbok 0( a la an a mpsaved plan of saMnum 9S ctV Low Socwy of Upper cAnsm- 0clober 1905 twat as be used or n-p mAwra- wW%X0 pernumKn 5-8 7, STATUTORY RESPONSES: NEW EXCEPTIONS AND CLOSING LOOPHOLES Real Estate 37th BAC: Phase 3 Section 50 contains many subsections that are highly specific in focus. A thorough under- standing of their varied purposes requires an in-depth study of early Planning Act case law. However, one can come to grips with their effects by classifying them according to two groupings: subsections which plug loopholes and subsec- tions which create loopholes in order that desir- able transactions not be caught by the sweeping effect of the prohibition. The government obvi- ously considers the former loopholes undesir- able and the latter essential. 7.1 Creating New Exceptions 1. Subsection (8) allows Vender take -back mortgages as part or all of the consideration for the purchase of land, provided that the mortgage applies to all of the land pur- chased. If the owner of B purchases neigh- bouring parcel A. and gives a mortgage to his Vendor as part of the purchase price, such mortgage would contravene the Act, since he would be mortgaging A while re- taining B. Section 60(8) permits this Vendor take -back mortgage. Note that the mort- gage must be applicable to all of B and the mortgage must be give to the Vendor and not to a third party- (R) Nothing in subsections (3) and (5) prohibits, find aubsectacnaa(3)and (5)shall be deemed never to have prohibiW, the giving back of a mortgage or charge by a purchaser of land to the vendor of the land as part or all of the consideration for the conveyance of the land, provided that the mort- gage or charge applies to all of the land described in the conveyance. 2. Subsection (9) allows leases for any period of years where only "part of a building or structure" is being rented. Ordinarily, a lease of part of a building for a term of 21 years or more contravenes a. 50(3). It is rec- ognised that leases of existing buildings for long terms do not compromise planning principles. The subsection, however, does not consider the effect of the exception on a grant of outdoor rights for more than 21 years (e.g., parking lots, patios) that accom- pany a lease of a portion ion of a building (9) Nothing in subsections (3) and �5i prohibits the entering unto of an agreement that has the effect of granting the use of or right in a part of a building or structure for any period of yeara. 3- Subsection (10) allows owners of adjacent lands who wish to co-operate in the building and maintenance of drainage syatems to make the necessary agreements regarding easements and mutual rights -of -way, etc., without contravening s. 50. (10) This section does not apply to an agreement entered into, under s. 2 of the Drainage Act. 4. Subsection (11) allows the Agricultural Re- habilitation and Development Directorate to deal with lands acquired separately as individual parcels, despite the fact that they may abut. (11) This section does not apply so as to prevent the Agricultural Rehabilitation and Develop- ment Directorate of Ontario from conveying or leasing land where the land that is being con- veyed or leased comprises all of the land that was acquired by the Directorate under one registered deed or transfer. 7.2 Closing Loopholes The following subsections were enacted over a period of years to close loopholes: 1. Subsection (15) prevents subdivision of land by means of simultaneous conveyances. This was inserted to prevent schemes whereby the owner would theoretically con- vey the two halves of his land at the same instant, so that at the time of either convey- ance he could not be said to retain the fee in abutting land - (15) Where a person conveys land or grants, assigns'or exercises a power of appointment in. respect of land, or mortgages or charges land, or enters into an agreement of sale and purchase of Land, or enters into any agreement that has the effect of granting the use of or right in land directly or by entitlement to renewal for a period of twenty-one years or more by way of simulta- neous conveyances of abutting lands or by way of other simultaneous dealings with abutting [ands, the person so conveying or otherwise deal- ing with the lands shall be deemed for the pur- pmsss at was (3) and r 5 i to retsia, as the e aaats >eisy be, the he or the equity of redemption in, or the power or right to grant, assign or exercise a power of appoint -men. in respect of, land abutting the land that is being conveyed or otherwise dealt with but this subsection does not apply to simultaneous conveyances or other st- multaneoua dealings involving the same parties acting in their same respective capacities. pe.-aaCar 1995 t.taw Soo" of L"W CArtaaa bselrerissrCrX)5-95-ctV Nat 10 be used or re; 1 0,"d wWXXX pemnaion 37th SAC: Phase 3 Subdivision Control. Section 50 of the Planning Art 5-9 2. Subsectidin (16) prevents partial discharge of a mortgage (i.e., releasing or discharging part only of the land described in the mort- gage) by deeming the mortgagee to "7hold the fee" in the lands subject to the mortgage and to be `c+onveyine the part which is the sub- ject of the partial discharge. Subsection (17) contains several logical exceptions to the rule, (16) Where a person gives a partial discharge of a mortgage on land or gives a partial cessation of a charge on land, the person ,giving the partial discharge or partial cessation shall be deemed to hold the fee in the lands mentioned in the mort- gage or charge and to retain. after the ,giving of the partial discharge or partial cessation, the fee in the balance of the lands. and for the purposes of this section shall be deemed to convey by way of deed or transfer the land mentioned in the partial discharge or partial cessation. (17) Subsection (16) does not apply to a partial discharge of mortgage or partial cessation of charge where the land described in the partial discharge or partial cessation, (a) is the same land in respect of which a consent to convey has previously been given; (b) includes only the whole of one or more Iota or blocks within a registered plan of subdivi- siDn, wmiess such plan of subdivision has been IMltd under subsection (4), or (e) 1w wad by Her Majesty in right of Canada W Her Ul&oq in right of Ontario, Ontario Hydro or by any municipality. Subsection (18) requires Ministerial ap- proval for foreclosures and Power of Sale proceedings where not all of the land that is the subject of the mortgage will be affected, subject to certain exceptions. Otherwise, in- stead of seeking consent to division, an owner could grant a mortgage to a mortga- gee -purchaser, not make mortgage pay- ments, and simply wait for the mortgagee -purchaser to "foreclose" on a pre- arranged portion of the land, the foreclosure order itself not being a prohibited transfer under s. 50(3), and otherwise being effective to divide the parcel. The permitted excep- tions are logical, given that planning princi- ples are not compromised. subsection does not apply where the land fore- closed or in respect of which the power of sale is exercised comprises only. (a) the whole of one or more Iota or blocks within one or more registered plans of subdivision; (b) one or more parcels of land that do not abut any other parcel of land that is subject to the same mortgage or charge: (c) the identical parcel of land that has bwm the subject of a consent to convey giv= under section 53 and the consent did not stipulate that subsection 50(3) or (5) applies to any subsequent conveyance or transaction; or (d) the whole of the remaining part of a parcel of land, the other part or parts of which parcel have been the subject of a consent to convey given under section 53 and the consent did not stipulate that subsection 50(3) or (5) ap- plies to any subsequent conveyance or trans- action. Subsection (c) and (d) were added to the Act December 9, 1994. 4. Subsection (19) prevents joint tenants and tenants in common from changing the own- ership of the land through a "release" of one owner's interest as a preliminary to what would otherwise be a prohibited transac- tion, that is, where the joint tenant or tenant in common is releasing his interest so that the adjacent lands will be owned by differ- ent legal entities. (19) Where a joint tenant or tenant in common of land releases or conveys his interest in such land to one or more other joint tenants or tenants in common of the same land while holding the fee in any abutting land, either by himself or to- gether with any other person, he shall be deemed, for the purposes of subsections (3) and (5), to convey such land by way of deed or transfer and to retain the fee in the abutting land. 5. Subsection (20) destroys the usefulness of Partition Act orders for dividing land with- out consent by requiring consents for such orders unless each part of land described in the order could be conveyed without contra- vening s. 50. (20) No order made under the ParWsaan Act for the partition of land shall have any e8act in law unless, (18) No foreclosure of or exercise of a power of sale in a mortgage or charge shall have any effect (a) irrespective of the order. each part of the land described in the order could be conveyed in law without the approval. of the lrlirtister uss• without contravening this section, or less all of the land subject to such mortgage or charge is included in the foreclosure or exercise (b p consent in given to the order of the pmwer of sale, as the case may be, but thin .Nbsc+rrslae Ch05-95 crap Law Soo" of tipper Ca r%sda- Cclober 1995 Not to bs used or reproduced wdha4A perwasear+ b - to Real Estate 37th BAC. Phase 3 & Section 50.1, deemed in force 2+6 July 1990. prevents lands from being divided by will. Any division of land by will creates a ten- ancy in common in %1l of the land unless the Art has been complied with. $. IDENTIFYING 'PLANNING ACT CONTRAVENTIONS In order to determine the validity of title, it is essential that there has been no prior contra- vention of the Act that would have had the effect of preventing the conveyance or creation of an interest in land, Several factors are involved in this investigation. 8.1< The Importance of 7Yming The ,Planning Act has seen an evolutionary change in its provisions, including the creation of loopholes by the courts, the plugging of loop- holes by the courts, amendments to the Act to close loopholes and to create new loopholes, together with amendments at particular points in time that have changed or further developed the law. As a result, what may have been a Planning Act contravention at one point in time may not have been a contravention at some other point in time. For the purposes of making and answering requisitions or resolving title matters, it is helpful to understand that the validity of instruments may depend on timing and that one should not consider a title regard- ing Planning Act issues by considering the law only as it is now and disregard the law as it was at the time of the transaction. The following constitutes some of the more significant dates of substantive changes in Planning Act law which may serve to satisfy objections to title based on a Planning Act contravention. June 15, 1967 Planning Amendment Act, 196^, S 0 1967. c. 75 —_ Any contravention of the Planning Act occur- ring prior to June 15, 1967, does not have and shall be deemed never to have had the effect of preventing the conveyance or creation of any interest in land. As a result, any alleged contra- vention of the Act regarding land which was then subject to the Act is deemed not to have been a contravention. Until June 27, 1970, the Planning Act only applied to land in the event that the municipality in which the land was situate had designated by by-law the land as being within an area of subdivision control. For transactions occunng after June 15, 1967, the section is of concern only if a by-law had been enacted prior to the date of the transaction. In the event that there is no such by- iaw registered against title, one need not be concerned with Planning Act contraventions until .June 27, 1970, when all land in Ontario became subject to the application of the AR.9 May 3, 1968 Planning Amendment Act, 1968, S.O. 1968, c. 96 Prior to this date, it was permissible to deal with 10 or more acres of land if the Vendor retained the fee in 10 or more acres of abutting land. From and after this date, the ten acre rule was abolished. June 27, 1970 Plan*Amendment Act, 1970, S. . 1970, c. 72 A new s. 26 was enacted and made the Plan. ning Act applicable to all transactions through- out the Province of Ontario. Prior to this date. the Planning Act applied only in the event that a municipality had passed a by-law designating the lands as within an area of subdivision con- trol. Part Lot control provisions were changed. Prior to this date, land on a plan of subdivision was exempt from the Act unless the municipal- ity passed a by-law making subdivision control applicable The new Act reversed the process and made part lot control applicable, unless the municipality exempted the plan of subdivision from the prohibitions. December 17. 1973 Planning ?amendment Act_, 1973, S.Q. 1973, c. 168 Subsections (hb) {now subsections 116)) and f 5e) were added to the Act to prevent a partial discharge of a mortgage frnm being used to avoid the provisions of the Planning Act. A per- son giving a partial discharge of mortgage is The killoww4exampka help rmw apprEnat the tim" pro6ipn. Anviror dw a purees of lard was wnveyed !n the year i"cawd and dw yraaoatr ind orr wd a'bssaft rand Corwravemom? cal No bylaw ever paned. amveyance in 19e8 his (b) by-law prua i 1960. cwveyw" in 1968 Yea (rl By-le+w powd 1960. conv"w= in 1965 No (d) No by -lair scar primed; conwyaniz to 1971 Yes (o) By-law pnowd 1%9; 009veyartru to 19" S i (A by-law, paned 1%9 ocinvnyawe in 1970 Yea 0iaW6W Inn Law Socarly or uppu Care �ac�r.ai.srano�-a's.enq Not to be 4,a*0 or repmduced wdho%A penvvemon 37th BAC, Phase 3 Subdivision Control: Section 50 of the Planning Act deemed to hold the fee in lands mentioned in the mortgage and to retain the fee in the balance of the lands and is deemed to convey the lands mentioned in the partial discharge. The rule does not apply if you are dealing with the whole of a lot or block on a plan of subdivision. June 28, 1974 Planning Amendment Act, 1974, S.d. 1974, c. 453 The exception regarding partial discharges received further expansion to exclude from the rule partial discharges in respect of land for which a consent to convey has been given or where such land is owned by the Crown. The provision is now set forth in s. 50(16) and (17). Subsection (1a) (now s. 50(2)) was added to deem that land does not abut if it abuts on a horizontal plane only. This permits the convey- ing of rights in land strata (e.g., the conveying of underground mineral rights) while retaining the ownership of the land itself. In addition, subsection (op) (now s. 508)) was added to create an exception to the general prohibition and permits vendor takeback mort- gages provided that all of the land that is pur- chased is made subject to the mortgage. It should be noted that, pursuant to the provision, the vendor is required to take the mortgage back and there might be some question as to the validity of such a mortgage if the mortgage is registered in favour of some other party Not- withstanding this amendment, Dreuxry a. Cen- tury City Developments Ltd. (No. 2),10 confirmed tb&t the giving back of mortgages did not offend de Act in any event, since the section dealt with land use control and did not cover the situation of contemporaneous sales and purchase money mortgages given back. December 18, 1975 Planning Amendment Act, 1975 (2n Sess.), S.0, 1975 (2nd ion) c. 18 Subsection (5e) was added to prohibit foredo- sures or power of sale transactions without the approval of the Minister unless all of the land referred to in the mortgage is included in the foreclosure or exercise of power of sale. Prior to this amendment. foreclosures, at least, were an effective way of avoiding the statute. See Re George Stinson Construction Inc. ,1 Y for example. 5-11 June 7, 1976 Planning Amendment Act, 1976� S.5. 1976, c. 38 Further amendment was made to the rule regarding foreclosures or powers of sale to per- mit such transactions where land being fore- closed consists of one or more lots or blocks on a plan of subdivision or a parcel of land that does not abut another parcel of land that is subject to the same mortgage. Now s. 50(18). Provision deemed to have come into effect on December 18, 1975, by s. 5(2). December 15, 1978 Planning Amendment Act, 1978, S.[3. 1978, c. 93 Subsection (4d) has the effect of during con- traventions that occurred prior to the registra- tion of a plan of subdivision, a condominium description, or a conveyance made with the con- sent. Now s. 5004) and dealt with in greater detail under 'The Retroactive Effect of a Con- sent". Subsection (5t), deemed in force on November 23, 1978, was added to provide that any release by a joint tenant or tenant -in -common of an interest to one or more of the other joint tenants or tenants -in -common while retaining the fee in abutting lands is deemed to constitute a convey- ance of his interest by deed while retaining the fee in abutting lands. Now s. 50(19). This amendment overturns Gerarx u. Thompson. 12 Section 33a of the Act was added to require notice to be given to the Minister of Housing in a partition action. Prior to this time, partition orders, being vesting orders and not convey- ances by deed or transfer, were excluded from the Act's application. This provision was re- placed in 1983 by what is now a. 50(20). Effective March 31, 1979, subsections (4b) and (40 (now ss 50(12) and (13)) were added to provide that where a parcel was created by consent and subsequently it was obtained by an owner of abutting land, a further consent would. not be required on a subsequent sale of the same parcel, provided the land division committee has not stipulated otherwise. This is often re- ferred to as the "once a consent, always a con- sent" rule and applies so long as the identu=J parcel of land conveyed with consent is being dealt with. Refer to the following section for further detail. G o D+rrirr►ry r_ C�7 �h �, lard rho. i1(1974y, 6 b R (2d} 29i CFi C ) At Gempr SrwYm CananKsWe km fi 19M. 13 U R (20 547 (Div Ct.) .• Aro taw Sac" at L"W CWdda Oc%bW I NO to be UWd or Mp O&I MO UVWd pW1 adicw� 5. 12 Real Estate 37th BAC. Phase 3 Ju17E 26 1981 Planning Amendment Act, 1981, S U. 1 81, c. 15 Partition Act orders require consent or other- wise each part of the land described in the order must have been conveyable without contraven- ing the section: s, 50(20). August 1, 1983 Planning Act, 1983, S.O. 1983,. c. l Section 50 was amended to add new provi- sions regarding: 1. the ability to convey part of a lot on a plan of subdivision where the abutting land is the whole of a lot on a plan of subdivision: s. WOW and (5Na), 2. the ability to deal with part lots on a plan of subdivision if the only other part of the lot is owned by an expropriating authority: s_ WSW, 3. exceptions for Ontario Hydro, transmission lines and conservation authorities: s. 50(3) and (5); 4. exception for dealings with parts of a budd- ing s. 50(9); 5. new exception for simultaneous convey- ances: s, 60(15). July 26, 1990 Planning Amendment Act, 1991, S.O. 1991 c. 9 a. 1 The previous loophole permitting land divi- sions by will is addressed and, as a result, no provision in any will made before or after July 26, 1990, that purports to divide land is of any effect unless each parcel of land could be con- veyed without contravening a. 50. The only ex- ception to the prohibition would be if the testator died prior to July 26. 1990, December 9, 1994 Platnssing and Municipal Stat- ute - Law Amendment Act Amendments were made to subsection (14) permitting the application of the subsection to mortgages with consent. Subsection (18) was amended to add to further exceptions to the pruhi bition . AL The Subsequent Effect of a Prior Consent: Section 50(12) and (13) Pryor to March 1979, it was generally held that a consent to convey had no effect on any subsequent transaction and was only effective for the one transaction for which it was sought and given A consent to convey or mortgage Parcel A validated only this particular transac- tion and had no future or subsequent benefit on the parcel. In March 1979, s. 50(12) war added to the Planning Act. Where a parcel of land is conueyed with consent, the prohibitions in s. 50(3) and (5) do not apply to subsequent conveyances or other transactions involving the identical parcel of land, unless it is stipulated otherwise when the consent is granted. (UWhere a parcel of land is conveyed by way of a deed or transfer with a comet given under a. 5.3. subsections (3) and f 5a of this section do not apply to a subsequent conveyance of, or other transaction involving, the identical parcel of land unless the council or the Minister, as the case may be, in giving the consent, stipulates either that subsection (3) or subsection r 5 i shall apply to any such subsequent. conveyance or transaction_ (W Where the council or the Minister stipulates in accordance with subsection (12), the certificate prrr vided for under subsection 53(42) shall contain a reference to the stipulation, and if not so contained the consent shall be conclusively deemed to have been given without the stipulation. Figure 4 A i B C Assume Owner 1 owns parcels A and B and Owner 2 owns Parcel C. Owner 1 conveys parcel B to Owner 2 with consent. Owner 2 later wishes to sell Parcel B to a third party, In the above example, assuming the consent was obtained after March 1979, Owner 2 would be free to convey parcel B without obtaining another consent, since the identical parcel for which a. previous consent to convey had been obtained is being conveyed again and there was no stipulation in the earlier consent that it was to be applicable only to the first conveyance only. There is, as of this writing, a reasonable number of cases indicating that thin section is also ap- plicable in respect of consents granted prior to March 1979. Care is, however, recommended in relying on these cases. It is only a consent to a conveyance that has this lasting effect, A consent given to a mort- gage, for instance, has no lasting or future erect and subsection 50(12) is not applicable. Note that s. 50(14) applies to conveyances. rortgages and charges„ a critical difference October 'I LAW Society Of UWW {:arts km 'bKV*@ftWW105-95.crV NOt to be usW or reproduoW **Ku psmsipOry 37th BAC: Phase 3 Subdivision Control: Section 50 of the Planning Act 8.3 The Retroactive Effect of a Consent Section W 14), effective December 15, 1978 and revised December 9, 1994, provides that "where land is conveyed, mortgaged or charged with a consent . . . any contravention of this section or a predecessor thereof . that oc- curred ... prior to the conveyance ... does not and shall be deemed never to have had the effect of preventing the conveyance of or creation of any interest in the land". This section appears to make every consent to a conveyance or mort- gage curative of all prior contraventions of the Act dealing with the land that was the subject matter of the consent. (14) Where land is within a registered plan of subdi- vision or within a registered description under the Condominium Act or where land is conveyed, mort- gaged or charged with a consent given under section 53 or a predeceseor thereof, any contravention of this section or a predecessor thereof or of a by-law passed under a predecessor of this section or of an order made under clause 27(1)(b), as it el Wted on June 25. 1970, of rhe Planning Act, being chapter 296 of the Revised Statutes of Ontario, 1960, or a predeamesor thereof, that occurred before the registration of the plan of subdivision or description or before the giving of certificate under subsection 53(42) stating that a consent has been grven. as the case may be, does not and shall be deemed never to have had the effect of preventing the conveyance of or creation of any inter- est in the land, but this subsection does not affect the rights acquired by any person from a judgment or order of any court given or made on or before Decem- ber 15, 1978. Note that this subsection also has the effect of curing contraventions of the Section occurring prior'to the registration of a Registered Flan of Subdivision or a description registered under the Condominium Act. In each case, planning issues would have been dealt with prior to the Plan or description, so that for planning pur- poses any prior contravention would seem ir- relevant. The presence of a consent to a conveyance, mortgage or charge on title can function to erase contraventions prior In time to the consent, if the consent was granted after December 15, 1978, by virtue of subsection (14). and to make acceptable subsequent to the consent what. would otherwise be a contravention, if the con- sent was granted after March 31, 1979. (Subsec- tions (12) and (13) ) 5.13 It might be helpful to equate the land that is the subject of a post -March 1979 consent to a conveyance given without stipulations regard- ing future dealings with a lot on a plan of sub- division. Earlier contraventions need not be a source of concern, and subsequent to the consent one can deal with the identical parcel without regard to the normal exceptions. However, if one wished to divide the parcel for which the consent was given, one would be forced to look again to the exceptions. 8.4 The Effect of the Three Statements: Section 50(22) The Land Registration Reform .Act, 13 added a new curative provision to the Planning Act by providing that if a deed or transfer contains the three statements met out in s. 50(22), by the ,grantor, the grantor's solicitor and the grantee's solicitor, any contravention of a. 50 or its prede- cessors does not and shall be deemed never to have had the effect of preventing the conveyance of any interest in land. As a result, if the three statements in the deed or transfer are completed, then the chain of title (not all prior transactions but convey- ances only) of the property will not be affected by any contravention of the Act up to the regis- tration of that deed or transfer, and arguably any contravention in that conveyance. Therefore, it appears that if, in the course of a title search to a particular parcel of land, one encounters a deed or transfer containing the three statements, one need not search for Plan- ning Art contraventions ;prior to that particular conveyance. 14 9. SEARCHING TITLE TO ABU rrtNG LANDS 9.1 What to Search In order to determine if the property title has any prior Planning Act contravention that would nullify the owner's title or the owner's ability to convey or otherwise deal with the land, one must search the ownership of all abutting lands backwards to the first to be encountered in your owner's chain of title of the following possible -start dates', prior to which date Plan- ning Act contraventions are irrelevant 13 140W RtXuiruarrr alrfunw Are. S 0 19N. c. 32 it, 21 14 T1* cumve dYto a fts woembm was fl - I w Rr Rrrw Brute ,mW P.o&~ i I V4111, 70 0 R v 2a i i I I Low Socoory of Upper Canada: 0CkXW 1 W3 Noe 10 be uesd or re pmoducad *GlxxA parmaerorc 5 - 14 Real Estate 1, a transfer or deed with the three s. 50(22) 2. statements; 2. June 27, 1970, provided that no subdivision control by-law has been passed prior to this date,- 3. the date of the passage of a subdivision control by-law passed between June 15, 1967, and June 27, 1970; 4. June 15, 1967. if a subdivision control by- law was passed prior to June 15, 1967; and 5. a Consent, provided its reliability is assured under s. 50(12) and (14). 6. The registration of a plan of subdivision ( assuming the land is not the whole lot or block and the plan is not deemed "deregis- tered" under s. 50(4)). The above dates are significant in that in each case, Planning Act contraventions for a particular parcel of land are irrelevant if they occurred prior to the most recent start date. Once you determine your start date, you search the chain of title of all abutting lands from the start date to the present. If there is no similarity of ownership between the owner's lands and abutting lands from the start date to the pre- sent, that is, if no past owner of your land also simultaneously owned abutting land, one is as- sured that there has never been a conveyance or other dealing with the land while abutting lands were under the same ownership or control, and therefore one can rely on s. 50(3Yb) as protect- ing any prior dealings from being contraven- tions of the Act. Where similarity of ownership arises at the time of a conveyance or other transaction, one is forced of look to the other exceptions or other- wise requisition compliance 9.2 Considerations When Searching for Contraventions Upon discovery of what appears to be a Plan- ning Act contravention, a review of the following questions may make it disappear. 1 Is the date of the contravening conveyance or transaction prior to June 15, 19677 .All Planning Act contraventions occurring prior to June 15, 1967, were cured by statute. 37th $AC: Phase 3 Did it occur between June 15, 1967, and June 27, 1970? If so, has a subdivision con- trol by-law been passed prior to the alleged contravention? If none was passed prior to the date of the transaction in question, the Planning Act will not apply. If a by-law was previously passer!, the Act would be applica- ble. 3. Did the transaction involve the whole of a lot or block on a registered plan of subdivi- sion? If it did, there is no contravention of s. 50. Given the scheme of exemptions, there is no need to search abutting lands where only the whole of a lot or block on a plan of subdivision is involved, since it to absolutely exempt unless a municipality has passed a by-law "deregistennK" the plan pursuant to a. 50(41, is 4 Has any conveyance, mortgage or charge been made with a consent' If so. the consent may have several consequences. If given after December 15, 1978, the instrument with consent appears to cure all prior con- traventions � s. 50(14)i If given prior to De- cember 15, 1978. subject to a court in the future ruling that the provision applies to pre -December 15. 1978„ consents, the con- sent cures prior defects. If you are dealing with land that appears to involve a contra- vention of the Act occurring after a transfer with consent, so long as you are dealing with a parcel of land identical to that which was the subject matter of the consent, such con- travention may be inapplicable because of s 50(12) As a result, a consent may cure all prior defects and also for the purpose of subsequent dealings removes the land from further application of s. 50(3) and (5j. 5. Has any conveyance included the three statements for which provision is made in 9. 50(21a)7 If sec, the chain of title cannot be affected by any contravention of the Plan- ning Act occurring at any time up to the registration of this conveyance and, argu- ably, by any contravention in that convey- ance itself. 6, If review of the above questions has failed to resolve a suspected Planning Act contra- vention, one must attempt to Fit the trans- action within one of the a W 3) exceptions, 7 Pursawk to ► ich 14), .rrcc a plan of su fxhymmn ho bq repI Day comartrrton of the pi1wimt WSMIsomwher accwnd p sw so dw Agnlranan is declared owN to pMVVM u➢nveyM= a dal loaf w to dw Lmw Tha appmn to fldkY >o ®lie and aDM� starch bdnnd du mpsuvwo of a pion of uib&Yuwm 061obw l M Law S0CMMV of Uppo Carmorfr- _ 96.ChP fiol 10 4e uMd ar ropMduced *uric! jlarrtPW 37th BAC: Phase 3 Subdivision Control: Section 50 of the Planning Act the most notable being the `no abutting lands" exception. Finally, one is reminded that there have been many amendments to the Act since 1967, espe- cially as the Legislature has struggled to close the "loopholes", A transaction which appears to be a contravention under the current version of the Act may not have been prohibited under the legislation in force when it was completed. Therefore, one must consider the effective dates of the amendments, as well as case decisions, in order to determine the validity of a transaction according to the form of the legislation or the common law at that earlier time. 10. CONCLUSION The Planning Act has a wide range of appli- cations and contains numerous traps for the unwary. The Act is technical and one must be prepared to follow the tortuous course of s. 50 and its predecessors carefully. Adopting and practising a defensive attitude towards the Planning Act may be time-consuming, but is, in 5-15 the long run, the only way adequately to protect oneself and one's clients. With respect to the law, one must be fully conversant with the implications of all the sub- sections of s. 50 and past judicial interpretation, even if this is often of questionable comfort. Regarding the facts of a particular transaction, an ever -vigilant state of mind is necessary, In particular, whatever the type of transac- tion, one should never hesitate to conduct extra sub -searches of abutting lands to confirm that there has been no worrisome change in sur- rounding ownership since the last full search. Where a client is mortgaging the property, you must confirm that he has not acquired any in- terest in the surrounding lands since the last full search. Where a client is purchasing land in reliance can the "no abutting lands" exception, a sub -search of the abutting properties should be included in the immediate pre -closing proce- dures, The effect of a contravention being so ex- treme, compliance with the Act is essential. 95.chp L" SOCWY c-A Jpper Canada. 000ber 19M ► N ID be used or reproduced wnhok1C poffrmKri jj• - I� 8Y-1,AW NUM,HER COftPORA"TION OF THE (narne of municipality) A BY -LAIR PRESCRIBING A TARIFF OF FEES FOR THE PROCESSING OF PLANNING RELATED APPLICATIONS WHEREAS, The Planning Act, 1983, Chapter 1, Section fib, Subsection (1), provides that the council of a municipality (nay by by-law prescribe' a tariff of fees for the processing of applic$tiO(as made in respect of planning matters; AND WHEREAS, The Council of the Corporation of (name of municipality) deems it advisable to ,pass such a by-law; NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE (name of municipality) ENACTS AS FOLLOWS: Pursuant to the provisions of Suction 68(1) of The Planning Act, 1983, the following tariff of feces for the processing of planning related applications is hereby established: TARIFF OF _FEES PLA.NNI NG HELATED APPLICATIONS a) Official Plan Amendments: S b) Zoning fly -lase Amendments: c) Consent Applications: d) Minor Variance Applications: $ e) Application for Permission: $ (legal non -conforming uses) f) ,g) 2. This By-law shall come into force and take effect on August 1, 1983. READ A FIRST, SECOND and THIRD TIME and FINALLY PASSEL) this DAY OF 1983. Reeve/Mayor clerk_ C. SCHEDULE 1 w THE CORPORATION OF 911E or BY -LAM NO. Being a by-law prescribing a tariff of fees for the processing of application■ wade in i respect of planning matters. WHEREAS Section 68 of the Planning Act, 1983 enables the Council of the of to prescribe a tariff of fees for the processing of applications made in respect of planning matters: AXD WHEREAS Section 68 of the Planning Act restricts the tariff to meet only the anticipated cost to the for the processing of each type of application provided for in the tariffs NOW THEREFORE", the Council of the of enacts as followsi 1. THAT the tariff prescribed in this By-law shall apply to cover the anticipated costs incurred by the of in ,processing the following applications made in respect of the Planning Act 1983. i) an 'amendment' to (name of municipality) official Plan in accordance with Section 21 of the Plannin Act 1983. ii) an 'amendment' to the (NAME OF MUNICIPALITY) Zoning By-law in accordance with 'Section 34, Section 35, Section 36, or Section 38 of the Planning Act, 1983. iii) a 'site plan and site plan agreement' in accordance with Section 40 of the Planning Act, 1983. iv) a 'minor variance' to the (NAME ❑F MUNICIPALITT) Zoning By-law in accordance with Section 44 of the Planning Act, 1993. v) an extension or enlargement of a building or structure or a change in the use of land, buildings, or struc- tures in accordance with Section 44 of the Planning Act, 1983. vi) 'plan of subdivision' in accordance with Section 50 of the Planning Act, 19e3. vii) a 'consent' in accordance with Section 49 of the Planning Act 1983. 2. THAT the tariff shall apply to the following municipal functions in the processing of an application listed in Section 1. i) preliminary review of the subject application (includ- ing the preparation of written reports and maps, site visi&* . and meetings) by the (name of municipality) Planning Consultant and/or Solicitor where in the opinion of Council this is deemed necessary or desirable; ii) public meetings as required under the Planning Actr f iii) Special meetings of Council where deemed necessary or desirable either by Council,'or where requested by the applicant, in respect of the subject application. iv) preparation of any required amendments or agreements in respect of the subject application by the (NAME OIF MUNICIPALITY) Planning Consultant, Solicitor or Clerk; vy incidental expenses incurred in the processing of the subject application such as mailing costs, printing ehA ges, and publication charges; ti vi) preparation for and attendance at an Ontario Municipal Board hearing by the (NAME Or MUNICIPALITY) Planning Consultant and/or Solicitor in respect of the subject application. 3. The tariff of fees in processing applications in accordance with thin By-law shall be a combination of fixed fees and fees teased on a time consumed basis in accordance with the followingr i) planning feels professional planner $ per hour max mum planning technician $ per hour maxmurn secretarial $ per hour max mum ii) legalr-feest solicitor $ per hour max morn iii) public and special meetings $ per of Council mee_tTng iv) incidental expenses and $ per disbursements app Y'cation 4. Notwithstanding the foregoing, Council or the Cow ittee of Adjustment may reduce the amount of, or waive the require- ment for the, payment of the fee in respect of an applica- tion where Council or the Committee is satisfied that it would be unreasonable to require payment in accordance with the tariff. 5. Prior to commencing the processing of any application listed under Section I of this ay -law, the (NAME Or MUNICIPALITY) shall require a deposit in an amount not to exceed $ to cover the anticipated costs to the (NAmz or MUNICIPALITY) in processing the subject application, any remaining balance of which shall be returned to the applicant upon deduction of the fee& incurred in processing the application pursuant to Section 3 of this By-law. RP.AD a FIRST and SECOND time this day of , 1984. READ a THIRD time and PINKLLY PASSED this day of . 1964. HEAD OF COM1INCIL CLERK ,.FEES BY-LAW Section 66 - "Council may by by-law prescirbe a tariff of fees....," (Therefore: No by-law, no revenue) Dictionary - "Tariff = a schedule of rates or charges for a public utility or service (Therefore: The applicant should know what he is letting himself in for) The B -law Should: 1. Set a flat fee applicable to every applicant who submits a specified type of application; 2. cover only the aniticipated cost to the municipality of processing the app I' ation (i.e. providing an approval or a review autiorixe under the Planning Act); 3. be justifiable to the OMB based on (a) an average from past experience or (b) a costing -out of the required procedures. The By-law Could: 1. Include the time of municipal staff (ata stipulated rate per hour) in the calculation of the fee. 2. Instead of a flat feet provide for the recovery of costs which are stipulated, at a rate which is stipulated, (,example -clerk's time at $10./hour, advertising in Sault Star at $JoO. per advertisement, $10. for incident- als including stationery, photocopying, and long- distance charges). The BY -law Should Not: 1. -Include anticipated costs of representation at OMB hearings in the calculation of the fee. 2. Purport to allow the municipality to determine the fee after dealing with the application, unless the by-law has set out the items and the rates for each item which will be incluueu in t e ca cu ation. R Ministry of Municipal A:fIairs and Housing Onta6o GUIDELINE 7 Planning Application Fees C) D f -1 0 - m 1, v b /I W THE �,�, PLANNING ACT 1 INTRODUCTION This guideline is intended to help municipalities establish a tariff of fees for the processing of planning applications as provided for in section 68 of the Planning Act, S.O. 1983. Application fees for zoning 'by-laws, subdivision plans, official plan amendments and other kinds of development applications are common in many municipalities, although no legislative basis formerly existed for the charging of these fees. Although there appears to be a general acceptance of the principle that municipalities should be able to charge fees, municipal councils may wish to consider the processing of planning applications as a municipal service to be financed out of general taxes rather than charging a fee. Further, it is recognized that fees for planning applications can also affect the resulting cost of housing, office space and industrial development. It is important,. therefore, that municipalities carefully review and consider the impact of a tariff of fees by-law and the level of the proposed fees, in light of local market conditions in order to devise an equitable and realistic fee structure. The only basis for charging application fees is through a municipal by-law passed wi ler 10 section 68 of the Planning Act, S.O. 1983. The legislative provisions, policy niatters and municipal requirements related to applica- tion fees are set down to help these municipalities that choose to pass such by-laws. 2 I-IACKG R U N D Throughout the review of the municipal planning process it became apparent that fees for planning applications should be permitted. However, views differed on how the fees should be determined and what legislative provisions would be needed. One of the underlying principles of section 68 is that the fees established by municipalities are to meet only "the anticipated cost ,pf the_prgUssing.4f_cactt_typc of application". Tariff by-laws should not be viewed as a means to raise revenue or increase municipal sefvices, and should not be confused with impost fees or lot levies required by many municipalities. h�roccs%in�of development proposals must.bc vj'cwcd.as being parW the standard services provided by municipalities. It was recognized that the legislation should not prescribe the actual fees to be charged. It is more appropriate for municipalities to prepare their own tariff of fees based on their own actual costs because conditions vary so much across the province. 3 THE I_EG13LATION The intent of section 68 of the Planning Act is self-explanatory. The legislation provides a simple, straight -forward way of establishing application fees, while at the same time permitting municipalities the flexibility to tailor a by-law to their own municipal review and approval process. The following is a synopsis of the legislative highlights for the four subsections that comprise section fib: Section 68f l) • a municipal council may pass a by-law prescribing a tariff of fees • the tariff must only apply to the anticipated cost of processing a planning application; • a municipal council, through its tariff by-law, may set the fees to be charged by its committee of adjustment and land division committee; • no approval of the by-law, beyond that of municipal council, is required. Section 68(2) • the fee set by by-law may be reduced or waived entirely in specific cases or a specific application where this is considered appropriate; • the use of this option must be made by the body empowered to approve the application (i.e. council,committee of adjustment, land division committee) and should be done in the form of a resolution or decision of the appropriate body. Section 68(3) • a person may pay a fee under protest and appeal the amount in writing to the OMB within 34 days of paying the fee. Section 68(4) • the OMB must hold a hearing on an appeal; 01 • the Board can dismiss the appeal or direct a refund be made and its decision is final. 4 TARIFF OF FEES BY-LAWS Municipal Actions In the development of the fee structure to be included in the tariff of fees by -taw, municipal councils should consider a consultation and review process. Actions that a council may wish to consider are: • a historical review of costs incurred in processing planning applications, • a review of costs presently incurred in processing the various types of planning applications; • consultation with the senior planning andfinancial officers and municipal solicitor; • consultation with the municipal committee of adjustment and land division committee ! on matters under their jurisdiction; • consultation with the planning board (northern Ontario); • consultation with residents of the community; • consultation with the development industry working within the municipality. c Basis for Establishing Fees [luring a municipal council's considemion of a tariff of fees by-law. the following points should he kept in mind: �w • rho f-p% ovaahtichM chmild nniv aosly to a Mannino matter which reouires an atmlica- • the fees should only relate to the costs incurred by a municipality in processing a planning application; • the fees should primarily be based on the staff time and associated costs needed to carry } out the review of a planning application by the municipality; • the fees should only relate to the cost incurred in processing the application during the time period leading up to a decision by council, including post notification; • the fees should be reasonable and defensible as they can be challenged resulting in an appeal to the OMIT.' � In establishing a tariff of fees by-law, municipal councils should carefully consider whether subsequent costs should be charged, as a result of an OMB hearing. Where there is a dispute between an applicant and the municipality, it is unfair to require the applicant to pay a fee as the municipality would be in a position to recover its costs no matter what the decision was. More importantly, to permit OMB costs to be included in a tariff of fees by-law would conflict with the Board's jurisdiction to award costs where it is felt appropriate. On the other hand, where the applicant and the municipality are in agreement on an application and the municipality is in effect making the request to the LIMB on behalf of the applicant, then recovery of some part of the municipal cost through an application fee seems reasonable. 5 BY-LAW CONTENT The exact content of municipal tariff of fees by-law will vary depending on the individual circumstances existing in a municipality. The following matters should be considered for inclusion in a tariff of fees by-law: Types of applications • municipalities should clearly specify [lie types of planning applications that the tariff of fees by-law will apply to (i.e. zoning by-law amendments, minor variance:, etc.); • matters not included in the by-law cannot be the subject of a fee. Classification of applications + municipalities may wish to devise ways of applying specific fees for different classes of applications (e.g. simple/complex, minor/major); this would be useful in order to establish an equitable distribution of costs, recognizing the different demand made on municipal staff services by particular development applications. For example, a lower fee would be appropriate for a single family "spot zoning" amendment as opposed to a major amendment for a shopping centre. Processing steps e a tariff of fees by-law should be based on the specific functions of the municipal review and approval process for which lees will be charged (this may be included in a schedule to the by-law); • although the planning process may vary somewhat from municipality to municipality, councils should consider the basic steps estsbllshed in the Act and associated Fwsulr + the processing steps relate to the normal review functions performed internally by the municipality; J • additional matters that arc part of an individual municipality's planning review process should be set out in the by-law. Fees and associated methods of charging fees • a tariff of fees by-law by definition must stipulate a fixed fee in respect of each applicat"ion specified; • in establishing a fixed fee, municipalities may wish to charge a flat fee (e.g. minor variance $150.00) or a fee based on a time consumed basis (e. g. minor variance $25.00 per hour or $75.00 per day) or an average fee based on costs incurred in the past (e.g, minor variance $200.00)*; • whichever manner (e.g. fixed, per hour, average, per diem, etc.) a municipality chooses as a basis for fees, the tariff by-law must clearly set it out; • fees may also be established based can the classification of applications set out in the by-law (i.e. single family zoning amendment $400.00, major commercial zoning amendment $1,000.00)*; + other costs that a municipality wishes to charge for, such as disbursements, must also be specified in the by-law. 6 FEES CHARGED BY PLANNING BOARDS (NORTHERN ONTARIO) Section fib of the new Act does not empower planning boards in northern Ontario to charge fees. Ontario Regulation # 481 j83, passed pursuant to subsection 69(d) of the Act provides Planning Boards with t m uthority. Prior to passing a tariff of fees by-law pursuant to Ontario Regulati ��plpnning boards should consider the matters set � out in this Guideline. .✓' ' �T 7 CONCLUSION The provisions and principles established by section 68 of the Planning Act allow municipalities enough flexibility to devise a tariff of fees by-law to meet their specific needs. The appeal mechanism established in subsection 68(3) means that municipal councils should carefully consider the content and resulting fee structure. Prior to passing a tariff of fees by-law, consultation with your municipal solicitor and other appropriate municipal officials should occur. r) MOM MW AMM 00 be wee a. ` .For further infonnation contact any of the following offices of the Ministry of Municipal Affairs and Housing: Community Planning Advisory Branch Central Region South East Region South West Region 47 Sheppard Avenue Fast 244 Rideau Street 495 Richmond Street 2nd floor 3rd floor 7th floor Willowdale, Ontario Ottawa, Ontario London, Ontario M2N 2Z8 KIN 5Y3 N7A 5A9 Telephone: (416) 224-7635 Telephone: (613) 566-3801 Telephone: (519) 673-1611 ZENITH 52650 ZENITH 52650 TOLL FREE 1-800-265-4736 North East Region 1191 Lansing Avenue Sudbury, Ontario P3A 4C4 Telephone (705) 560-0120 TOLL FREE 1-800-461-1193 North West Region 435 lames Street South Thunder Bay, Ontario Plc 5G6 Telephone: (807) 475-1651 ZENITH 52650 Plans Administration Branch —'Forth and East 777 Bay Street 14th Floor Toronto, OntarM MSG 2E5 416-585-601.4 Plans Administration Branch —Central and Southwest 777 Bay Street 14th Floor Toronto, Ontario MSG 2E5 416-585-6014 Local Planning Policy Branch 777 Bay Street 13th Floor Toronto, Ontario MSG 2E5 416-585-6225 Additional copies of this publication and the following guidelines on the Planning Act are available directly from: Ontario Government Bookstore, 880 Bay St., Torionto, or write to: = Ministry of Govemment Services, Publications Service, 880 Bay St., Toronto, M7A IN8, = (416) 965-601 S. I. Planning Advisory Committees (January 1983) 2. Local Planning... in Northern Ontario (January 1983) 3. Delegation of Ministers Authority (January 1983) 4. Community Improvement (March 1983) 5. Working with the New Regulations (August 1983) 5. Official Plan Policies on Public Notice (August 1983) 7. Planning .Application Fees (August 1983) Cerre publication est egulement disponible e►i fran5'ais. Ministry of ,wn►e,hnth, Municipal Affairs Local Planning Pradicy Branch THE CORPORATION OF THE VILLAGE Post Office Box # 10 21 Pitt Street Part Burwell, Ontario NQJ 1TO BY-LAW 95-04 OF PORT BURWELL Being a By-law to amend bylaw 94-23 authorizing 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 by 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 amends Section 1.0 only to as hollows: 1.0 The Employer hereby elects to participate in the Ontario Municipal Employees Retirement System in respect of its employees as of the first day of January, 1995 and authorizes the Administrator/Clerlt- Treasurer to submit forthwith a certified copy of this By-law to the President of the Ontario Municipal Employees Retirement Board. L1 Read a first and second time this )th c�a+� ofjat aary., 1995. i . / / Reeve A nistrator/Clcr�-Treasurer head a third time t d finally, �sed t�o I Ot% 44v of January, 1995 A ,strator/Clerk-Treasurer Date. To: Organization: Fax Phone No: Person Sending: Pages Ut Fellows Message: THE CORPORATION OF THE VILLAGE OF PORT BURWELL P. 0. Box 10, Port Burwell. Onrnr o Nth I Td � eliephone (519) 874-4343 • fax (519) 874-4948 Fax Over Page f-, co- Cha.111re "Ctit %s d . 44L.- (including comer page) T koye ey) oCt o tht re! . kt c� -) Q C Sued: 1 'r-f/ Ve 3 � � N Dav$d P, Free, CET, AMCT(A) • AdmMila awr/0erk-Treasurer ONTARIO MUNICIPAL EMPLOYEES RETIREMENT BOARD wnrl,.nu T41 (416) 369-2401 Fay, 14161 M-0217 December 22, 1994 Ms, Suzanna Dieleman Mantel The Corporation of the Village of Port Burwell P 0- Box 10 21 Pitt Street Port Burwell, Ontario N©J 1 TQ RE: BY-LAW 94-23 Dear Ms, Dieleman Mantel t� J elQk2 9 v �',EI I am writing in response to your letter dated December 1, 1994 to Mr. Lou Vertolli regarding your by-law 94-23 and your subsequent telephone conversation with Mr. Jan Haakman. As Mr Haakman mentioned, since the effective date on the by-law 94-23 is September 1, 1994 and you have indicated that the actual effective date is January 1, 1995, we will require an amended by-law or a new by-law in order to process the enrolment of your employees in the OMERS pension plan We look forward to this information at your earliest convenience If you have any questions please feel free to contact Mr Jan Haakman or the undersigned Fours truly, Charime McKissick Supervisor, Membership Pension Division 11 The Corporation of the ViUa,gre of Port Burwell Post Office Box # 10 21 Pitt Street Port Burwell, Ontario NOJ ITO By -Law 95-05 Being a By-I..aw to appoint Redfern More & Company as the Municipal Auditors. WHEREAS the Municipal Act as amended, R.S.O. 1990 c. M.45 s. 86 to 90 and 94(3) requires the appointment of municipal auditors for a period not less than one (1) year and not greater than five (5) years. The Council of the Village of Port Burwell herehy appoints Redfern More & Company as the municipal auditors for a period of one (1) year with an option to renew for an additional year per the terms and conditions of the contract and tender per By -Law 94-42. This by-law shall come into force and effect on the date of its passing. Read a first ar#Wtcond time this loth day of January, 1995. t'eVe Ad i strator/Clear-Treasurer i this Ioth day of January, 1995. rato r/Clerk-Treasurer The Corporation of the Village of Fort Burwell PO Box 10 21 Pitt Street Port Burwell ON NO) 1TO By -,law 95-06 Being a bylaw to formally establish a Petty Cash Fund. Whereas the Municipal Act RSO 1990 c. M. 45 as amended s. 79 directs the Treasurer to receive and take care of and disburse money, and Whereas section 79 paragraph 4 of the Municipal Act permits that council may by bylaw establish a petty cash fund to he under the authority and administration of the Treasurer. The Council of the Village of Port Burwell hereby ratifies the establishment of the Petty Cash Fund and directs the Treasurer to manage the funJ under the condition as follows; The petty cash fund will carry a balance of no more than $200.00 and replenished as required per the terms of this bylaw. 2. The petty cash fund will be used as follows; - purchase of nominal amounts of goods and services for administration and public works; department in association with business on behalf of the corporation, for small expense advances (meals, par6ing, photocopies, etc.) in consideration of employees travelling costs in association with business on behalf of the corporation. - purchase of emergency items (administration, council and public wor6) for the effective and efficient operation of the municipality and where pre- authorized accounts are not established with vendors. 3. The Treasurer shall submit to council no less than on a monthly basis, a statement of expenditures in a acceptable prescribed format as part of the financial reporting. 4. Receipts sball be obtained and submitted for all purchases made from the petty cash fund or a memo detailing the purpose and nature of the expenditure. This bylaw ratifies previous financial activities and comes into force and effect can the date it receives final approval. RwJ a t an�+ ,.mina time this I Oth dj# of January, 1995. Reeve,% istrator/Clerk-Treasurer Read a third'an al time this loth day pf January, 1995. c A►dmi tratar/C,lerk-Treasurer i `3 i Village of Port Burwell Petty Cash Appendix 2-6-2 Each transaction documented In Newviews Petty Cash Journal and Exp0nsa ledpera (Reconciliations performed monithly) FO- Newviesrs Statement submitted syWcrn monthly with Financial Reporting to Council i • Yea Cheque �s Petty Cash Fund to two oo only (Bylaw 95-08) Cash withdrawals for Purchases. Receipts for purchases returned • to Petty Cash File SON- - Statement of Statement filed rn Expenditures Records Management monthly prepared System for audit review Prepare Cheque to replenish fund to $200 00 Establishment of a Petty Cash Fund in concert with the Municipal Act. RSd 1990 c M 45, as amended s 79 (4) and Municipal Bylaw 95-06 The fund is to be used for emergency, incidental and minor purchases including small expense advances (less than S50 00) which do not warrant the formal process of producing a chequo considering small amount of purchase and the availability of authority for cheque signatures Funds to be kept in secure location (Municipal Safe) accessed by Officers of the corporation or auft"y otherwise delegated Tle Corporation of the 'Vi age of Port Burwell PO Box 10 21 Pitt Street Port Burwell ON NQJ 1TO BY-LAW 95-07 Being a by-law to provide'a policy for the purchase of goods and services. WHEREAS section 102 of the Municipal Act, R.S.O 1990, c. M.45 as amended gives Council general powers to pass by-laws; NOW THEREFORE, the Council of the Corporation of the Village of 10ad Burwell enacts as follows; 1. That Schedule "A" attacked and forming part of this ley -law shall he the Purchasing Policy of the Corporation of the Village of Pert Burwell and its I,ocal Boards and Committees. Z This hylaw ratifies previous financial activities and comes into force and effect on the elate it receives final approval. Read a first and second tirpe this 28tk y of Fehruary, 1995 �rator/Clerk-Treasurer Read a third a Ginal tine this day of Fehruary, 1995. Ad;n rator/ ler6-Treasurer 2 Schedule "A" To By-Uw 95-07 THE CORPORATION OF THE VILLAGE OF P(}RT BURWEI.L A Policy for the Purchase of Goods and Services for the Village of Port Burwell inclusive of its Local Boards and Committees. 1.0 DEFINITIONS For the purposes of this policy the definitions as set out in t6 P ction small apply: 1.1 "Approved Budget" means the total budget as approved by Council for the current fiscal year. 1.2 "Contract" means any agreement, written or oral, including Leases and rentals between the Village of Port Burwell and another party or parties for the supply of goods or services at a specified price. 1.3 "Normal Operating Expenditure" means expenditures of an operational recurring nature and does not include one-time special or Capital expenditures. 1.4 "Council" means the council of the Village of Port Burwell in accordance to the Municipal Act, RSO 1990 c. M. 45. 1.5 "Local Board" means a local board of the Village of fort Burwell as defined by bylaw in accordance to the Municipal Affairs Act, RSO c. M. 46 and other legislation as applicable, including the Port Burwell Historical Society (Museum Board) and the Port Rurwell Recreation. Board. 1.6 "Administrator/Clerk-Treasurer" in accordance to the Municipal Act RSO c. M. 45 is an officer of the corporation and shall have the powers and authority as described for the Chief Administrative 04icer (Section 72), Clerk (Section 73), Treasurer (Sections 77, 79, 81, 82 and 83) and Collector (Section 85). 3 Schedule "A" to Bylaw 96-07 1.7 "Department Head" means a person appointed by bylaw to manage on bebalf of the Corporation the specific requirements of the municipality as described within the bylaw and Position Description. 1.8 "Consultant" means a person and/or a company who on hebalf of the Corporation has keen formally commissioned by bylaw to provide professional services in the affairs of the municipality ie lawyers, engineers, planners, computer consultants, auditors/accountants. 1.9 "Com`mittee" means a subsidy body of persons within the municipal structure as appointer) by council', by bylaw, without the authority of legislation to provide advise to council on specific local issues and matters. ' 2.0 APPLICATION OF THIS PURCHASING POLICY This purchasing policy shall apply to the purchase of all goods and services mane on behalf of the Village of Port Burwell and Local Boards within the municipal structure in accordance to the Municipal Affairs Act, RSO 1990 c. M. 46 as arnencdecd. 3.0 GENERAL CONDITIONS - APPROVALS When a purchase of goods or services is contemplated, the general conditions with respect to approvals set out herein shall be followed: 3.1 The Department I1ead shall ensure that all goods or services to be purchased are authorized in the approved budgets. 3.2 VAen g" or services to be purchased, in order to accomplish Council approved priorities and programs, would cause the approved Budget to be exceeded, the Department Heard shall report to the Administrator/Clerk-Treasurer who shall obtain the prior approval from Council prior to engaging in a contract, subject to 3.3 herein. 3.3 Prior to the approval of t6 Current Budget a Department may incur normal operating expenditures up to 5 of the previous year's Budget. 4 Schedule "A" to Bylaw 96-07 4.0 PROCEDURE FOR THE SELECTION OF SUPPLIES OR SERVICES MENLY /�:,, +, 1 Orders for goods or services with a value between $1,000.00 and S2,500.00 shall not be placed until at least three (3) verbal quotations are obtained. These quotations must he documented on the Quotation Summary Form or memo. In the absence of quotations from three suppliers for the goods or services requested, or if the lowest quotation that meets all acceptable standards and specifications is not selected then an explanation on the Quotation Summary Form is required in all cases, 1 - .+ , R• + Orders for goods or services with a value between $2,500.01 and $25,OW.00 shall not be placed until at least three (3) written quotations are obtained. A written specification must accompany the request to all potential suppliers for goods or services ordered with a value greater than $10,000.00. The written quotations must be summarized on the Quotation Summary Form or memo. In the absence of three suppliers willing to provide a written quotation for the goods or services requested, an explanation on the Quotation Summary Form will be required. If the lowest quotation that meets all acceptable standards and specifications is not selected, the Department Head must report to the Council prior to the purchase of the goods or services. In all cases, the purchase of goods and services must be authorized by Council through the Administrator/Cler6-Treasurer prior to procurement. 4.3 Tez&ACru 4.3.1. All goods or services to he purchased with an estimated value exceeding $25,000.00 must he tendered in writing. 4.3.2. All tenders shall he publicly advertised. The tender advertisement must allow sufficient time between the advertisement and the closing date of the tender to allow suppliers the opportunity to examine details pertaining to the tender, to obtain all necessary documents, and to complete and submit the formal tender documentation. The tender 51, Schedule "A" to Bylaw 95-07 advertisement and other procedures in considering received tenders should follow guidelines established hY the Ministry of Transportation of Ontario for Municipal Tendering Procedures. 4.3.3. Tenders shall be opened publicly at a pre -determined time in the presence of the Chairman of the appropriate Committee/Local Board (.as applicable) or designate and the Department Head or designate. 4.3.4. Following a thorough review of all tenders received, a report/letter must he prepared by the consultant and/or the Department I lead to Council through the Administrator/Clerk-Treasurer recommending the preferred bid. 5.0 EX+CEPTIONS TO PROCEDURE FOR SELECTION OF SUPPLIERS All purchases of goods and services will be in accordance to the terms within this bylaw excepting the terms and conditions as per the petty cash fund bylaw, as amended under the criteria as follows; 5.1 — ergen" Purchases Emergency purchases are described as when the circumstances warrant immediate action or when health and safety and the public interest are in jeopardy, and where this method of purchasing would result in an over -expenditure or an unbudgeted expenditure of $2,500.00 or more. Emergency purchases require the approval of the AdministratodClerk-Treasurer and must be immediately reported to Council by memo or letter from the department, head/consultant and/or the Administrator/Clerk-Treasurer with circumstances. Council shall ratify the purchase by resolution and make provision within the current years budget for the expenditure. WAN r..A4! ,. Qualified suppliers are defined as suppliers of goods or service's of a specialized nature which, due to the nature of the goods or services, make it impractical to change suppliers frequently. Banking, legal, 6 schedule "A" to Bylaw 95-07 audit, and insurance are examples of services which would require qualified suppliers. It will he the responsibility of the Administrator/derh-Treasurer to assess the appropriateness of using qualified suppliers. Ongoing contracts with qualified suppliers, where annual expenditures exceed $6,000.00, will he reviewed at a minimum of every three years by Council in order to assess the continued suita6dity of those suppliers. The Administrator/Clerk- Treasurer will he responsible for preparing such a review. This method of purchasing shall be used anly where the expertise for developing proper specifications lies in the hands of the supplier, or where additional information is required and it is impractical to call for tenders, such as in the retention of consulting services. A minimum of three proposals must he documented on the Quotation. Summary Form. The Administrator/Clerk-Treasurer must report to Council recommending a preferred supplier if the recommended proposal exceeds $25,0 .00. 5.4 Ca-UpSra ive P urc ■in; Council and Administration will have regard to the Co -Operative Purchasing Agreement and will not deviate from the terms and conditions of said agreement however, will attempt to use local vendors, suppliers and contractors where cost effective and appropriate at the discretion of the Administrator/Clerk-Treasurer. 6.0 PURCHASING PROCEDURES 6.1 No ,purchase shall be made by persons other than the Officers of the Corporation of the 'Village of Fort Burwell inclusive of local Boards and Committees without the prior authorization of the AAnunistrator/Clerk-Treasurer or his/her designate. 6.1.1 No councillor, contractor, department hears, consultant, board member shall engage services of other consultants or suhconsultants without the prior approval of the Administrator/Clerk-Treasurer. 7 ScWula "A" to Ily6w 96-07 6.1.2 No councillor, contractor, department head, consultant, board member shall purchase goods or services without the prior approval of the Ad m in ist ratorf Cle rb-Treasurer. 6.1.3 I''v10 councillor, contractor, department head, consultant, hoard member shall engage services of staff without the prior approval of the A ministrator/Clerk-7 reasurer. 6.2 Exceptions to Section 6.1: - petty cash purchases foc all departments and boards (purchases from petty cash fund will be in accordance to the bylaw governing tdsis matter, as amended). - utilities, telephone, benefits, payroll remittance, county and school board levies, employee expense claims, maintenance and long term contracts prior approved by council, 6.3 Without exception the appropriate invoice along with all accompanying documentation, including the Quotation Summary Form or memo, will be forwarded to the Administrator/Clerk- "rreasurer for approval of payment. The Department I lead wild review and approve as appropriate, the documentation as being in grxxd order and that departmental spending is within approved budgetary levels, as prescribed by Municipal Council. See Accounts Payable j Management Flow Chart attached as Appendix 3.4.0 6A Tenders/Quotations that are equal in price shall be decided on quality, performance, references and service, among other factors considered relevant to the service or goods. if both suppliers are judger( to be equal in ;price, quality and service, a flip of the coin in the presence of both suppliers would determine the successful bidder. 6.5 A copy of the Quotation Summary Form shall be sent to the Administrator/Clerk-Treasurer who shall inspect each form for compliance with the policy. The Administrator/Clerk- treasurer shall sign the form indicating that helshe has reviewed it. The Department Heard who authorized the purchase, is ultimately responsible for the 8 Schedule "A" to Bylaw 96-07 transaction. 6.6 Invoices and discrepancies with suppliers which can not he verified or approved by staff must he detailed by memo to the Administrator/Clear-Treasurer of the circumstances considering deficiencies (or misunderstandings) in services or goods provided. T1w Administrator/Cler)z-Treasurer will expeditiously seela a resolution and a formal settlement in the matter with the vendor. If the matter can, not he settled by staff council will receive all report, on the matter for final review and resolution. 6.7 Unique and specialty purchases (artifacts, equipment, payment Of recreational services (umpires and referees) for the Recreation and Museum Boards are exempt Emma the quotation requirements of this by-law. Schedule "A" to Byelaw 95-07 Village of fort 'Burwell Accounts Payable Mgmt Municipal Operations Appendix 3 4 0 Goods & SWAM by S. InvaFce Returned t4 i�orltfBCeQf ®i R+iotuwd i Qslsd . by OftB aw Yee r— Bill Questioned 4 No Oft Circulated to Dept Reads for Approval No • Invoice Apprd by —< cAa Municipal GIST rebale Budget Sy -Law end purehasing policy is consulted prior to placing '} ode Yin,Appr� �•- Approvov ed askaAkaed a ew tame d ryshrn btput GIST Rebels appaasd for OVWy at Via begwini g d *W* fie antered kW Newr+aws Recreation A muauam Aside payable Soards review and approve Accts Payable at regular r b o a r d m a a t I n g a commensurate annual Wrome and n -- rrbrnaM � 1srlparsla �w vendor Acc+pvb �oancJsA Trarwrrar revrawa a approves in Nawrvraws at lase r o p p r t s r o r serns tome as Bank Recancilimborrs a c c u r a e y a �Y ouncil & Boar MINIMUM Pbd Review wAh C�+sncll and Approve AIP by Allinson Resolutlort A__— r,ovra m a C%hwwa - Reeve 6 sbtFiled ., vender ebb Cheques Prepmad Acox" FM (3 part Chsgms ? Treasurer 'Sign Cheques t Cheques Madit. Venrir)r Schedule "A" ` Bylaw 95-07 Village of Part Burwell Quotation Summary Form Department Verbal (> $1,000 C =$4,999) Good or Service Requested: Written (> $5,000 < = $24,999) Supplier Price Remar6 Use reverse side/memo to provide additional information if required. This document must he filled out for the alcove -noted verbal or written quotation amounts. If less than three quotations are obtained or if the recommended quotation is higher than the lowest quotation that meets all acceptable standards and specification, an explanation must 6e provided on this form. Approval from Council is required if the amount of the purchase is greater than $2,500.00 and the recommended quotation is higher than the lowest quotation that meets all acceptable standards and specifications. Recommendation Signature Signature Department Head Treasurer Date Dater THE CORPORATION OF THE VILLAGE OF PORT BURWELL P. O. Box I D, Port Burwell. Ontario NOJ I TO telephone (519) 874-4343 - fax (519) 874-4948 Memo To: John Maddox From: D. Free Re: Purchasing By -Law File: CU 1 95-07, A 16 MMA 1 Date: January 26, 1995 Please find attached the proposed .Purchasing By -Law for the Village of Port Burwell, inclusive of the Petty Cash Fund By -Law. 1 would request that you review the Purchasing By -Law providing your comments with regards to Part Burwell's current structure. I have attempted to incorporate the requirements of the ICMD Report, and in this matter I have made suggestions with regards to the restructuring of Port Burwell's organization visa vie the Recreation Board and the Museum Board. I have attached a tentative organization flow chart dealing with this spacific matter for your perusal as well. I am anrim to have this matter &JAenni by Council and the various Boards and would appreciate your comments no later than Fo6nwq 10, 1996. see l ncls. David R. Froa, CET, AMCT(A) - Adminisr.ntorfClerk-Treasurer Date: January 13, 1995 To: David Free From: David Mason Re; Proposed Purchasing Policy Bylaw 95-07 In reply to your request for a response to this proposed bylaw, I have given it careful consideration. As a member of Council I appreciate the necessity of such a bylaw to put controls on purchases and to avoid debt situations. Therefore, I support your draft. However, I do require several clarification of a minor nature that can be addressed later. When I put on my other hat as chair of the Museum Board, I question whether 6.1.2 appears to conflict with the existing museum bylaw. This existing bylaw states that all museum expenditures exceeding $500.00 must be approved by Council. Consequently, would the museum bylaw require an amendment or be rewrtten7 Due to inflation since 1988 this restriction is becoming somewhat limiting. If it could be increased to $700. or $800. and receive your approval, Council would not need to be directly involved. Concerning 4.1 and 4.2, purchasing of artifacts usually means that the items required are one of a kind. Therefore, more than one quotation would not be possible. Concerning 6.2, I would presume that petty cash purchases would be applicable to the Museum Board. In consideration of the above concerns, I can see no reason why the Museum Board could not function under your proposed purchasing bylaw. David Mason s By -Law number BB-11 Being a by-law to establish a Community Historical Board, known as the Port Burwell Community and Historical Board. WHEREAS Section 208 paragraph 23 RSO chapter 302 The Municipal Act empowers Council to pi+sas a by-law for the keeping in the custody of the Municipality things of historical value or interest donated or loaned to the Municipality and for entering into agreement with the donor or lender. WH'i:RFAS Section 208 paragraph 57 it►•m (e) Chapter 302 RSO empowers Council to appoint such number of perisr.na who are qualified to he elected as members of Council to act on its !,f+alf as a board of management for maintaining operating and mcantag i Y,g the Lighthouse and the Museum. COUNCIL enacts a% followR; _ I. The Community 11000rical 'Board shall r_onxist of Kt I(.Ast three persons appointed by Council to hold Office nt tt,e pl CIASUre of Council. There persons may be appointed by rr,4olution. 2. The Board must hnve all rapital expenditures in excess of five hundred dollars a1proved by CounCll prior to spending. 3. The hoard must meet at least three times a year.. ea .4, 4. The by v i rt +yP of h i n Cif f i re shall be a member of the Board wi l VIful l right a of a 11oard member. 15. The Board may es t abl i nh its own hank account under the care and control of the Municipal Treasurer. 6. The hoard is hereby charged with specitio d°utiws Of (a) operating the Museum W operating the Lighthouse 17 14 (c) promotion interest in the history and heritage of Port Burwell 7. The Village of Port Burwell will (a) maintain ownership of the Lighthouse and Museum (h) provide all inFurance coverage (c) pay such remuneration to the board members from time to time as Council sees fit. ! MOVED BV SECONDED BY `L[ � '► �, 2r �� That by -in 1 88 1 t4� ad a first ti purl anrI rigid.117�� MOVED 11Y__ SECONDED BY DATE That by-law 88-11 be rend a s and time. T lrid ei�en�ed. Y / MOVED PY f X ED BY � --DATE �p That by-law 8 - r11 be r ad a third time. ReadAng dispensed wit , finally ns se .� 11 1 THE CORPORATION OF THE VILLAGE OF PORT BuRWELL f O. go 10, Pest Burwell. 'Ontario NOJ I TO telephone (519) 874.4343 • fax (519) 874-4948 Memo Date: January 24, 1995 To: Council/Department Heads/ S tafUL>ca I Beards From: D. Free Re: Proposed Purchasing Policy Bylaw 95-07 Comments received to date The Purchasing Policy Bylaw previously introduced has received only one comment and that was from Councilor Mason. His Memo is attached for your review. Mr. Masons paints are valid and some have been addressed through a revision in the bylaw highlighted (in bold) for councils consideration. F would suggest in regard to the Historical Society Bylaw 88.11, it will be revisited in order to conform to an organization which will comply within a viable and responsible :municipal structure (the Recreation Board included,). This concern has been addressed previously by auditors and MMA. The concerns of Mr. Mason are addressed on a point by point basis as follows; The museum "rd bylaw amendment suggestion; E am currently developing a proposed change in the bylaws and structure of the boards in order to comply within a Procedural bylaw as required with Bill 163 and standard operating practices. As information becomes available 1 will circulate the various sections for comments. The "artifacts" issue has been addressed in a new section 6.7 which deals with unique and specialty items wluch beards and departments r"y encounter. Section 6.2 has been further detailed to male access to the petty cash fund by the Boards and departments accordingly. David K Free. CET. AMCT(A) 0 AdnWiiisrrator/Clerk-Treasurer Please review and provide your comments accordingly in order that the bylaw may be considered for implementation for the February 14, 1995 council meeting David R. Free Encls, 2 THE CORPORATION OF THE VILLAGE OF PORT BURWELL P U Box 10. Port Burwell. Ontario NO) I TO telephone (S 19) 874-4343 • fax (S 19) 874-4948 Memo Date. January 8, 1995 To: Council/Department Heads/StafULocal Boards From: D. Free Re: Proposed Purchasing Policy Bylaw 95-07 I have developed and ,prepared the attached Purchasing PraJis;y Bylaw for enactment at the earliest passible convenience of council. Please review its contents expressing any concerns with regards to how this bylaw may affect your operations. ConsieWng the mandate of council in this matter and counc-ils direction to the Administrator/Clerk- Treasurer this bylaw has Ix -en drafted in order to formalize and clarify the authority of all parties concerned in order to comply with the requirements of the Municipal Act and other tandem legislation, notwithstanding conventional municipal operations. I require a response no later than January 20, 1995. David R. Free Encls. r David k Free. CET. AMCT(A) • Admonestrstor/Clerk-Treasurer THE CORPORATION OF THE COUNTY OF ELGIN A Policy for the Purchase of Goods and services WRONe: The purpose of this policy is to standardize procedures to ensure fair and equitable practices for the procurement of all County goods and services, taping into account the Municipal Guide- lines regarding the Ontario -Quebec Procurement Agreement as indicated. in Appendix `A' attached. I. DEFINITIONS For the purposes of this policy the definitions as set out in this section shall apply: a) "Approved Budget" means the total budget as approved by Council for the current fiscal year. b) "Contract" means any agreement, written or oral, including leases and rentals between the County of Elgin and some other party or parties for the supply of goods or services at a specified price. c) "Normal Operating Expenditure" means expenditures of an operational reoccurring nature and does not include one-time special or Capital expenditures. 2. APPLICATION OF THIS P[IRCHASING POLICY This pufchasing policy shall apply to the purchase of all goods and services made on behalf of the County of Elgin. 3. GENERAL CONDITIONS APPROVALS When a purchase of goods or services is contemplated, the general conditions with respect to approvals set out herein shall be followed: COUNTY , OF ELGIN PURCHASING >ll POLICY MARCH, 1996 2 a) The Department Head shall ensure that all goods or services to be purchased are authorized in the approved budgets. b) When goods or services to be purchased, in order to accomplish Council approved priorities and programs, would cause the approved Budget to be exceeded, the Department Head shall report to County Council through the respective Standing Committee to obtain the approval of Council prior to engaging in a contract, subject to sub -clause (c) herein. c) Prior to the approval of the Current Budget a Department may incur normal operating expenditures up to 40% of the previous year's Budget. 4. PROCEDURE FOR THE SELECTION OF SUPPLIES OR SERVICES a)verbal quotations orders for goods or services with a value between $1,000.00 and $4,999.00 shall not be placed until at least three (3) verbal quotations are obtained. These quotations must be documented on the Quotation summary Form. In the absence of quotations from three suppliers for the goods or services requested, or if the lowest quotation that meets all acceptable standards and specifications is not selected then an explanation on the Quotation luminary Form is required in all cases. b) 111itten_guotations Orders for goods or services with a value tetween $5,000.00 and $24,999.00 shall not be placed until at least three (3) written quotations are obtained. A written specification must accompany the request to potential suppliers for goods or services 3 - ordered with a value greater than $10,000.00. The written quotations must be summarized on the Quotation Summary Form. In the absence of three suppliers willing to provide a written quotation for the goods or services requested, an explanation on the Quotation Summary Form will be required. If the lowest quotation that meets all acceptable standards and specifications is not selected, the Department Head must report to the respective Standing Committee and County Council prior to the purchase of the goods or services. In all cases, the purchase of goods and services must be authorized by Committee and Council prior to procurement. c) Tenders 1. All goods or services to be purchased with a value exceeding $25,000.00 must be tendered in writing. 2. All tenders shall be publicly advertised in the London Free Press and the St. Thomas Times Journal, unless otherwise specified by County Council or the various Ministries. The tender advert- isement must allow sufficient time between the advertisement and the closing date of the tender to allow suppliers the opportunity to examine details pertaining to the tender, to obtain all necessary documents, and to complete and submit the formal tender documentation. 3. Tenders shall be opened publicly at a pre -determined time in the presence of the Chairman of the approprrfate Standing Committee or designate and the Department Head or designate. 4. Following a thorough review of all tenders received, the - 4 - Department Head must report to County Council through the appropriate Standing Committee, recommending the preferred bid. 5. EXCEPTIONS TO PROCEDURE FOR SELECTION OF SUPPLIERS a) Emergency Purchases This method of purchasing may be used when the circumstances warrant immediate action or when health and safety and the public interest are in jeopardy, and where this method of purchasing would result in an over -expenditure or an unbudgeted expenditure of $2,500.00 or more. Emergency purchases require the approval of the Department Head and must be reported to Council through the appropriate Standing Committee. b) Qualified Supplies Qualified suppliers are defined as suppliers of goods or services of a specialized nature which, due to the nature of the goods or services, make it impractical to change suppliers frequently. Banking, legal, audit, and insurance are examples of services which would require qualified suppliers. It will be the responsibility of the Department Head to assess the appropriateness of using qualified suppliers. ongoing contracts with qualified suppliers, where annual expenditures exceed $5,000.00, will be reviewed at least every three years by the appropriate Standing Committee, in order to assess the continued suitability of those suppliers. The Department Head will be responsible for preparing such a review. c) Proposal EethQd of Purchasing This method of purchasing shall be used only where the expertise for developing proper specifications lies in the hands of the supplier, or where additional information is required and it is 5 - impractical to call for tenders, such as in the retention of consulting services. A minimum of three proposals must be documented on the Quotation Summary Form. The Department Head must report to Council through the appropriate Standing Committee, recommending a preferred supplier if the recommended proposal exceeds $25,000.00. dp Co -Operative Purchasing Every department will have regard to the Co -Operative Purchasing Agreement and will not deviate from the terms and conditions of said agreement. +6. PURCHASING PROCEDURES a) No purchase shall be made without authorization of the Department Head or his/her designate. b) Exceptions to Sec. 6, sub. sec. (a): - petty cash purchases - utilities, telephone, benefits, expense claims c) The appropriate invoice along with all accompanying documentation, including the Quotation Summary Form, will be forwarded to the Department Head for approval of payment. Here, the Department Head is approving all documentation as being in goad order and that departmental spending is within approved budgetary levels, as prescribed by County Council. d) Tenders/Quotations that are equal in price shall be decided on quality, performance, references and service, among other factors a considered relevant to the service or goads. if both suppliers are judged to be equal in price, quality and service, a flip of the - 6 - coin in the presence of both suppliers would determine the success- ful bidder. 3 e) A copy of the Quotation Summary Form shall be sent to the County Treasurer who shall inspect each form for compliance with the policy. The Treasurer shall sign the form indicating that he/she has reviewed it. The Department. Head who authorized the purchase, is ultimately responsible for the transaction. L Department Verbal _ Written Supplier - 7 - THE COUNTY OF ELGIN QUOTATION SUPMARY FORM (3$1,000<=$4,999) (>$5,O00d=$24,999) i rice Good or Service Requested: Remarks * USE REVERSE TO PROVIDE ADDITIONAL INFORMATION IF REQUIRED. This document must be filled out for the above -noted verbal or written quotations amounts. If less than three quotations are obtained or if the recommended quotation is higher than the lowest quotation that meets all acceptable standards and specifications, an explanation must be provided on this form. Approval from the appropriate Standing Committee is required if the amount of the purchase is greater than $2,500.00 and the recommended quotation is higher than the lowest quotation that meets all acceptable standards and specifications. Signature Signature Department Head Treasurer Date Date -Me Corporation of the Village of Port Burwell PO _Box 10 21 Pitt Street Port Burwell ON NUJ 1TO By-L& w 95-08 Being a ley -law to appoint a Weed I nspector. WHEREAS the Feed Control Act, 1988, C . W. 5, R.S.O. 1990 as amended to O. Reg 531188 authorize the appointment of a Municipal Weed Inspector. THEREFORE the Council of the Vi.11iage of Port Burwell enacts as fallowv; THAT Fred Probst is appointed Weed Inspector for the Village of Port Burwell to carry out the duties as required by the said act. THAT this 6y-lava shall remain in- effect from year to you unism repealed or otherwise amended by Council. THAT any by-law not consistent with the pravislolns.of this by-law 6e and is hereby repealeA. Read a first and see nd time this 14th d y of Pel1nwy, 1995. Reewie _ ��irator/Clerk-Treasurer RaaJ a " &nJ hnal tuna t6w 14th J9 of February, 1995. m' istrator/ClerV'Freasurer Ministry of Minist6re de Guelph Agrituhure Contra Centre d'agnculturedo Guo4ph AgriGulture 1'Agrlculture et Box 1030 C P 1030 and Food de I'AlimentatlOn Guelph. Ontario Guelph (Ontano) N1'H 6N1 N1H 5N1 Ontario Resources and Regulations TELEPHONE: (519) 767-3126 MX: (519) 837-3049 January 18, 1995 MEMORANDUM TO: FROM: Clerks of Municipalities (other t"n Counties, Districts and Regional. ,� _ ri►r' Municipalities) '- Chief Inspector, The Weed Control Act SUBJECT: APPOINTMENT OF MUNICIPAL WEE© INSPECTORS 1995 Under Section 8 - (1) of the Weed Control Act, R.S.O. 1990, Chapter W.5, Municipalities may by by-law appoint one or more persons as municipal weed inspectors. Under Section 9 - (1) the clerks of municipalities who have appointed Municipal Weed Inspectors shall report the names of all municipal weed inspectors to the Chief Inspector before April 1st. If your municipality has made appointments under section 8 - (1), Please enter the name(s), address(es), telephone number(s) and area served on the enclosed.form and return it to me before April 1, 1995. PLMDE NQXZ: If your municipality will not be appointing a weed inspector or are making use of the services of an area weed inspector, please indicate on the attached form. H.C. Lang Chief Inspect Weed Control A HCL/mt Enclosure r r" Ontare. there's r1D two §p ihww V".OF Un bon gDtA de chel nous w APPODMA ENT OF MUNICIPAL WEED INSPECTOR(S) - 1995 (FILL IN APPROPRIATE SECTION) SECTION A Name of municipality (indicate whether city, town, township, etc.) : Located in (In.dicate if Regional Municipality, County, District or other) : r- 1� I 1. Name of Municipal weed Inspector 1�1- - PC , )S-'i` PLEASE PRINT Address Phone Section of Municipality served 2. Name of Municipal Weed Inspector PLEASE PRINT Address Phone Section of Municipality served SECTION 8 The municipality of in the (county, region) will not he appointing a weed inspector for 1994. Clerk Address Date, A a-i� C'6 ta L4 --2-1, 199 PLEASE RETURN TO: H.C. Lang, Chief Inspector, Weed Control Act, Resources and Regulations Branch, Guelph Agriculture Centre, P.O. Box 1030, Guelph, Ontario NIH 6NI, Telephone 519-767-3126 gore AEAU I, 1995 JAM-26-95 THU 15 :50 KETTLE CREEK C:_0H8,. AUTH.. R. 02f02 THE CORPORATION OF THE VILLAGE OF WES': LORNE BY-LAW NUMBER 94-24 BEING A BY - L.AW TO AMEND By -LAW 94-11 BEING A BY- LAW TO APPOINT MEMBERS OF THE C1*24WITY AT LARGE TO CDIMTTEBS OF COUNC I L To ASSIST COUNCILLORS. WHEREAS the Municipal Act R.S.O. 1990 Chapter M.45, Section 102 authorizes the. Council of a local municipality to pass by-laws :or the health, safety, morality and welfare of t"xe inhabitants of the municipality; AND WHEREAS it is deemed desirable and expelient to appoint me hers of the community at large to certain committees to assist Councillor€ in the various amini.cipal undertakings of the village; NOW THEREFORE, THE COUNCIL OF THE VILLAGE OF WEST LORNE ENACTS AS FOLLOWS: 1. That members of the Comity at large have been a oln to Committees for the year 1994 as follow WEED INSPECTOR Fred Probst' COUNTY BY-LAW BNFORCEMBNT OFFICER .---------- Allan Moon 2. That By-law 94-11 is hereby amended. 5. That this by-law shall come into force an{1 take effect on May 01, 1994. READ A FIRST, SECOND AND THIRD TIME AND FINALLY 'ASSET) ON THIS 5TH DAY of JVN'E , 1994. .. n0frJ7.J 1Vi i_ LW • - J'AN-246—S5 THU 13 t30 KET` L.E CREEK CONS- 04UTH. P- 01 - 0 2 e KETTLE CREEK CCNSERYATION AUTHORITY R.R. 6, ST. THOMAS, ONTARIO N5P 3T3 TELEPHONE (519) 631-1270 FAX 631.5026 Date: Number of Pages: FAX COVER SHEET Tillie (InClurlin,, this cover Pa�:T} NAME: } 1 n a 1 ORGANIZATION: V-, J�gj:r c iy C FROM: FrcA Prc�� MESSAGE+ t �l c>j :.1 �c r . ! The Corporation of the Vi1Lge of Port Bursvefl PCB Box 10 21 Pitt Street Pert Burwell ON NOJ ITO By -Law 95-09 Being a by-law to set remuneration of the Reeve and Council and to provide for the paying of expenses of council in association with Municipal business and the attendance to seminars. WHEREAS the Municipal Act, R.S.O. 1990 c. M. 45, as amended, enables a Council of a Municipality to pass a by-law for paying of remuneration and to the members of Council such remuneration may be determined in any manner that Council considers advisable. AND WHEREAS Section 243 of the Municipal Act R.S.a. 1990 c. M.45 as amended permits Council to pass a by-law to set maximum amounts or rates that may be paid in respect of expenses of members of Council and of the officers and servants of the Municipality which are incurred as a result of their acting either within or outside the Municipality in their capacity as members of Council or officers and servants of the Municipal Corporation, AND WHEREAS pursuant to Section 241 of the Municipal Act, R.S.J. 19W, the Council of a Municipality may pass bylaws for paying remuneration to persons who have been appointed by the Council to serve as a member of a local board as defined in the Municipal Affairs Act and such remuneration may be determined in any manner that Council deems advisable; AND WHEREAS the Corporation of the Village of Port Burwell deems it expedient and desirable to establish a bylaw the Council enacts that remuneration will be paid in accordance to the terms of this bylaw in accordance to the terms herein and the schedules as follows; schedule "A" Authorize the paying of remuneration to the Members of Council schedule "B" Authorize paying of expenses in association with attendance to seminars, conferences and meetings outside of the municipality 1.0 ADMINISTRATION 1.1 Discretionary Power Notwithstanding any to the contrary in this bylaw, the right is reserved for the Municipal Council to exercise discretionary power in the setting of expense policy in individual cases and to amend the contents therein from time to time. 1.2 Notwithstanding any to the contrary in this bylaw, 2.0 DEFINITIONS 2.1 "Regular Mecurig" shall be defined as any Regular Meeting of Council pursuant to sections 53 through to 56 of the Municipal Act, RSO 1990, c. M.45 as amended 2.2 "Special Meeting" shall be defined as a meeting of Council other than a regular meeting, called pursuant to section 57, subsection 2 and section 58 of the Municipal Act, RSO 1990, c. M.45 as amended. 2.3 "Committees of Council, Special Corporations and Local Boards" shall be defined as any Regular Meeting of Committees of Council, Board of Directors and Local Boards as part of the local Municipal Structure and Committees of Council as established by bylaw. 2.4 "Seminars, Conventions and. Conferences" shall be defined as advertised information scssimu, trade shows, or training activities either having a direct cast or no cost to the municipality either within or outside of the municipality. 2.5 "Meetings of Specific Municipal Interest" ■hall be defined as any meeting whereas it is the majority opinion of council that a selected councillor or councillors be present to represent, observe and/or participate in the proee"hngo of the specific event or meeting on behalf of the municipality and coiurlcd. • CA 2.6 "Expenses" shall be defined as any and all expenses associated with the attendance to any seminar, convention, trade show and Meeting of Specific Municipal Interest limited to meals, parking, milage, travel costs (air, rail, rented car, bus, etc.), registration fees, and incidentals. 2.7 "Duration of Meeting" the hours of attendance to any or all meetings as described within this bylaw shall be assumed to be the time it takes For the Reeve or Councillor upon leaving their place of residence or ether fixed location (work, family members residence, etc) and to arrive at the meeting and perform such business, ceremonies or representation as required on behalf of the municipality and subsequently the time to travel to their place of residence or other fixed location as may be required. 2.8 "Business Planning Meetings" shall pleaseure of council from time to municipal strategic planning matters. 3.0 REMUNERATION be defined as meetings called at the time to discuss short and long term 3A REMUNERATION for Regular Council Meetings shall paid be in accordance to Schedule "A" forming part of this bylaw. 3.2 REMUNERATION for "Special Meetings" "Meetings of Specific Municipal Interest", "Seminars, Conventions and Conferences", shall be on the basis of a full meeting if attendance by the Reeve or a councillor at a meeting requires time off work regardless of the actual time spent in attendance at the meeting and in accordance to Schedule "A" and be paid for expenses in, accordance to Section 6.0 and Schedule "B" forming part of this bylaw. 3.3 THE Reeve or Counc&v will attend meetings and report to council of the results of the meetings providing documentation of their attendance. All members of council will keep a record of all these meetings documenting the date and purpose in a manner which is deemed acceptable to: council. The Aiministratorf Clerk -Treasurer will pn Ade a summary of all meetings that are attended, date, subject matter and who attended. 3.4 Council shall have the authority to prescribe specifically by resolution remuneration for Meetings of Specific Municipal Interest. 3.5 THE Reeve and Council must be in attendance for any and all meetings to be paid for in accordance to Schedule "A" of this bylaw. 3.6 The Reeve is an Officer of the Corporation and ex-officio of all committees and Boards and shall at his discretion attend any and all meetings under the jurisdiction of the municipality and recieve remuneration for each meeting attended based upon Schedule "A" forming part of this bylaw. 3.7 The Reeve and Council shall be eligible to recieve consideration for payment for their attendance to any or all meetings if they are present for more than 75% of the actual duration of the meeting. 4.0 RATE OF REI►MUNERAT ON 4.1 The Reeve and Council shall be paid in accordance to the terms of this bylaw and Schedule "A" forming part of this bylaw. 4.2 Any councillor may appeal specific instances to the which may hall outside of the terma of this bylaw to permit remuneration for 6 or hers activities on behalf of the municipality. The appeal will be deter-leJ and rejuesteJ in the form of a resolution and supported by a memo to council providing subsidiary information of the appeal. The memo shall be considered public record. 5.0 PAYMENT OF REMUNERATION 5.1 Council pay will be paid monthly or in a manner mutually agreed upon by a majority vote of council. 5.2 Council shall approve by resolution the payment of remunerations to each and every member of council either separately or collectively. 6.0 PAYMENT OF EXPENSES 6.1 Expenses incurred by a member of Council while attending conferences, seminars, conventions or other functions of Council shall be reimbursed in amounts as permitted within Section 4.0 of 1 4 this bylaw and by a resolution of Council or as ether bylaws may permit.. s 6.2 A prosper expertise report must be provided to the Administrator/Clerk- Treasurer as a request for remuneration of expenses incurred. The Reeve and members of Council shall prepare and sign expense claims with vouchers in accordance to the provisions of Schedule "B" forming part of this bylaw. 6.3 Vouchers will be required as follows i Parizing expenses greater than $3.00-- ii All meal expenses greater than $4.00 per meal. iii All taxi and limousine expenses iv All accommodation expenses v Entertainment expenses vi All registration fees for seminars, conferences and conventions. 7.0 CASH ADVANCES T 1 Cash advances may be requested by the Reeve and Council and granted by the Administrator/Clerk-Treasurer for the attendance at seminars, conventions and conferences when expenses are anticipated to exceed $100.00. Expense reports are to be completed no later 5 wor6ing hays after returning from the event in order that the monies can be immediately accounted for within the public trust. 7.2 Cash Advances shall not exceed $1,000.00 without councils approval by resolution. All other advances will be given at that discretion of the AdministratodCleriz-Treasurer witll"sut responsibility for the funds other than for reporting their disbursement. 8.0 CREDrr CARDS 8.1 Credit Cards shall be %:trued to the Reeve only upon specific request and upon the approval of council by resolution. The card shall be used for expenses in associated with Municipal business and shall not be used for purchases which are not directly related to the business dealings on behalf of the municipality. 4 5 8.2 Phone Credit Cards shall be issued to the Reeve and Couccillor in order that phone calls on Municipal business can he made. 8.3 Upon the resignation of a member of Council all Phone Credit. Cards shall be returned to the Treasurer immediately and will he cancelled and reissued. This bylaw will come into effect on date of passing. This by-law repeals by-law'number 92-06 and all other lay -laws pertaining to this matter. Read a 7h-t,,,*nd second time this 14th day of ,March, 1995. Reeve n is t ra tor/C l er it -Treasurer Read a third and final ti7e this 14t'h y of Marcia, 1995. y ry Ad tratc�r/Llleriz-Treasiirc•r 6 Schedule "A" Bylaw 95-09 1.0 Regular Ccnmeil Meetings Reeve $84.00 per meeting Councillor $73.50 per meeting 2.0 Special Meetings Reeve over 2 1/2 hours duration. $84.00 per meeting. under 2 1/2 hours duration. $42.00 per meeting Councillors over 2 1/2 hourr. $73.50 per meeting. under 2 1/2 fours. $36.75 per meeting 3.0 Committees of Council, Special Corporations and Leal Boards r Reeve $42.00 per meeting Councillors $36.75 per meeting 4.0 Seminars, Conventions and Conferences Reeve $84.00 per day Councillors $73.50 per clay 5.0 Meetings of Specific Municipal Interest Reeve over 2 1/2 lours duration. $84.00 per meeting. under 2 1/2 flours duration. $42.00 per meeting s Councillors over 2 1/2 lug duration. $73.50, per meeting. 7 r under 2 1/2 hours duration. $36.75 per meeting 6.0 Buirinesr 'Planning Meetings Reeve under 2 1/2 hours duration. S 42.00 per meeting over 2 1/2 hours duration. S 84.00 per meeting'. over 6 hours duration $168.00 per meeting 2 days duration $336.00 per meeting Counctflors under 2 1/2 hours duration $ 36.75 ,per meeting over 2 1/2 hours duration $ 73.50 per meeting over 6 hours duration $ 147.00 per meeting 2 days duration $284.00 per meeting 0 V 8 Bylaw 95-09 1.0 Payment for Mealy Schedule I.1 Council shall be permitted expenditures for meals while on municipal business in accordance to Table "B1". 1.2 Expenditures for meal beyond the terms of Table "B1" must be accompanied with a reciept and cat memo explaining the over expenditure. Table "B1" -nME ON VILLAGE BUSINESS ALLOWANCE (maximum expenditure) Brealxfast $ 8.30 Lunch $ 9.00 Dinner 1$23-75 2.0 Payment for Trwwl 2.1 The 1•teeve and co=-d small be paid at a rate of $0.31 per inlornetre for the use of a pensonal vehicle while travelling to and from a location while on Municipal business to meetings, seminars, conferences, meetings of specific municipal interest, seminars and conventions. 2.2 No payment shall be provided if municipal vehicles are used for transportation to and from the location of the meetings, 'seminars, conferences, meetings of specific municipal interest, seminars and conventions. 9 3.0 Incidental Expenses 3.1 Incidental expenses incurred while on municipal husiness shall 1, provided in an amount not to exceed $+6.00 per 12 hour period. i t '�j Po R r Date: March 13, 1995 To: Council From: D. Free THE CORPORATION Of THE VILLAGE OF PORT BURWELL P. 0 Box 60. Port Burwell, Qntar+o NOJ ITO telephone (519) 874-4343 • fax (519) 874-4948 Memo Re: Remuneration for Reeve Council Bylaw 95-09 Council: At the direction of council a bylaw to permit for the remuneration of the Reeve and Council was assembled, Bylaw 95-09• 11us bylaw attempts to cover all situations which may arise without an effective increase in the rate of remuneration for the councillors. However, considering some concerns by members of council provision has been made for payment of meetings described as follows; Reg" Council Meetings Special Meeting Committees of Council, Special Corporations and Local Boards Seminars, Conventions and Conferences , Meetings of Specific Municipal Interest Business Planning Meetings Expenses in association with the attendance of these meetings has also been included as a farm of documentation authority to claim in accordance to the wishes of each councillor. Please review these concerns attached at your earliest convenience providing your comments and further direction in the matter. i1 nee ncls. s David R- Free, CET, AMCT(A) • AdmonistratorfClerk-Treasure- Gar Knutson M.P. E Mouse of co"WoMs LIANAOA OTTA WA March 2. 1995 Mr, David Free Administrator, Clerk & Treasurer Box 10 Port Burwell, ON NOJ I TO [dear Mr. Free, I am forwarding this response from the Honourable Paul Martin, Minister of Finance, on the question concerning tax treatment of remuneration received by municipal council members. I am sure the Minister's letter will clarify the Government's positron on this matter. If you have any concerns of a federal nature, please do not hesitate to contact my office. Yours Elgin- rJU0gT1TU*ACV OFFiiCE 1 raw 9 1M TAuera 0- ow SC3 Is let $J 1 I! 1 .41M M& M O Fm 0M 631� 4W6 Q"AWA OFi10E P4" AV Ca "llova4n *We' "Ift odC afAO" Fro 01.<31 0"161 ISLU 1*1 k1 rr 16. 3 Minister of Finance It D E C 2 a 1994 NAinictrn rive Gir nn v Ottawa. Canaria K t A OG5 Mr. Gar Knutson M.P. Room 425 Confederation Building House of Commons Ottawa, Ontario KlA OA6 Dear Gar: 1 f- I appreciated receiving your letter of August 17, 1994 concerning the correspondence you have received from two townships in your constituency which was forwarded to me by the Honourable David Anderson, Minister of National Revenue. The townships of South Dorchester and Malahide expressed concerns with the tax treatment of council member remuneration and have requested further tax relief. As you may know, allowances for municipal elected officials are determined by local governments, which have control over the size and the use of such allowances. Where there is no deeming provision in the Municipal Act of a province, Revenue Canada will consider up to one --third of remuneration to be an expense allowance and the remainder to be salary or other remuneration. The tax-free status of these allowances represents a historical anomaly and runs counter to a basic principle of taxation: that income from all sources should be taxed in the same manner. Asking all taxpayers to finance an expansion of this already favourable treatment would be seen as unfair and would be difficult to justify. I trust this letter explains to your satisfaction government policy with regard to the taxation of municipal council mar remuneration. Regards The Honourable Paul Martin, P.C., M.P. THE CORPO"TION OF THE VILLAGE OF PORT BURWELL P. 0. Box 10, Port Burwell. Ontario NOJ I TO telephone (S 19) 874-4343 - fax (S 19) 874-4948 Memo To: Council From: D. Free Re: Council Remuneration By -Law Date: February 15, 1995 Attached is a Council remuneration by-law stipulating the formats which Council W articulJateJ to me in previous meetings. I will identify the comparisons from neighboring municipalities with regards to meetings and payments for the attendance of meetings inclusive of expenses. I would suggest that Council introduce the subject by-law and give it a {first and second reading and if required recommend amendments thereof based upon the information that I have provided. As a senior staff member I am sympathetic to the hours which are expended by the Councillors and to this end I have talaen a number of measures to reduce the direct cost to Councillors in the performance of their duties and these include of course telephone credit cards. If Councillors with indeed to expedite the process providing me with their direct input prior to the Council meeting. A general form of consent amongst the Councillors would enable an expedient processing of this matter,. I await for Council's direction in tho matter. David Free David R., Free. CET. AMCT(A) • Administrator/Clerk-Treasure• Village of Part Burwell Post Office Box # 10 21 Pitt Street Port Burwefl, Ontario N©j 1T© Resolution February 28, 1995 MOVED BY: SECONDED BY: BE IT RESOLVED, the Council of the Village of Port Burwell hereby agrees to introduce By -Law 95-09, being a by-1aw to set remuneration of the Reeve and Council and to provide for the paying of expenses.. UNANIMOUSLY: The Corporation of the Village of Port Burwell PCB Box 10 21 Pitt Street Port Burwell ON NO) 1TO By -Law 95_09 Being a by-law to set remuneration of the Reeve and Council and to provide for the paying of expenses. WHEREAS the Municipal Act, R.S.O. 1990 Section 241, 242, 244 & 245 c. M. 45 permits Council to pass a h-law for paying of remuneration and to a member of Council such remuneration may be determined in any manner that Council considers advisable. AND WHEREAS Section 243 of the said Act permits Council to pass a lay -law to set maximum amounts or rates that may be paid in respect of expenses. THEREFORE Council enacts that the following rates of remuneration be paid 41,-s r-'-V C 10 '.' C TO WHOM FOR WHIC1i AM01'N'r f" NI01'NT Reeve Two regular meetings V 4.(X) per meetlr3k per month as set by by-law. Reeve Special meeting over 'V 4.00 per meeting. 2-IN) per meetmn 2 1/2 hours. under 2 1/2 6,urs. Councillor Two regular meetings $73.50 per meeting. per month as set by by-law. Co uncillOrs ::1 Special meetings aver $73.50 per meeting. $36-75 per meeting 2 1/2 hours. under 2 1/2 hours. NOTWITHSTANDING the foregoing, if attendance by the Reeve or a councillor at a meeting requires time off worse, remuneration shall he on the basis of a full meeting regardless of the actual time spent in attendance at the meeting. THE Reazve or Councillor will attend the meeting and report providing documentation of their attexsdanca. The Treasurer will beep a record of ally these meetings and at the beginning of each month A submit to the Reeve and Councillors a list of all meetings that are attended, subject matter and who attended. -this will also include meetings the Administrator/Cler6-'treasurer attended. AND FURTHERMORE to be paid for a regular or special meeting the Reeve and Council must he in attendance at the meeting. A "special meeting" is defined as a meeting of Council other than a regular meeting, called pursuant to section 57, subsection 2 of the Municipal Act. AND FURTHERMORE Council pay will he paid monthly or upon mutual consent by resolution. AND FURTHERMORE expenses incurred by a member of Council while attending such conferences, courses, conventions or other functions bf Council shall be reimbursed in amounts and at such times as Council may he resolution determine. AND FURTHERMORE automobile expenses incurred by members of Council, offi-cers and servants of the municipality as a result of their acting either within or outside the municipality as members of Council, Officers or Servants shall he repaid at the rate of $0.31 per fern travelled. AND FURTHERMORE he it enacted that while on the municipality's business, that a mead allowance he provided to he no more than $W.00 for each 24 hour period providing that the time on business has been more than 12 hours. A proper expense report must he provided to the Treasurer. MEAL. SCHEDULE TIME ON VILLAGE BUSINESS ALLOWANCE 2 to 4 hours. $23.00 2 to 8 hours but more than 4 hours. $46.00 2 to 12 hours but more than 8 hours. $60.00 Automobile expenses new rate will come into effect on date of passing.. This hY-law is effective January 1, 1995. 2 'this by-law repeals by -raw numher 92-06 and all other by-laws pertaining to this matter. Read a first and second time this 28th day of February, 1995. Reeve Administrator/Clerk-Treasurer Read a third and final time this 28th day of February, 1995. Reeve Administrator/ Cleat -Treasurer i 3 The Corporation of the Village of Part Burwell Post Office Box # 10 21 Pitt Street Port Burwell, Ontario By -Law 95-10 Being a By -Law to authorize the municipality to enter into a licence agreement with the jaclr & Norma Vince for the operation of a Food Stand on the East Beach WHEREAS the Municipal Act, R.S.O., c. M.45, s..L36 (17) permits a municipality to charge a fixed fee license requiring transient traders and other persons who so offer goods, wares or merchandise for sale, and; AND WHEREAS the Municipality has accepted the proposal as presented by lack and Norma Vince to operate a Booth for the sale of Food located on the area known as the East Beach as indicated in Schedule "A" attached to this agreement. The Council of the Village of Port Burwell hereby directs the Reeve and Administrator/Clerk- Treasurer to enter into the licence agreement descriiied as Schedule "B" between the Municipality and Jack and Norma Vince commencing April 1, 1995 ending September 30, 1995. Read a fiat anal nd time this 14th day of March, 1995. e Treasurer Read a tfrird time and finally passed this 14th day of March, 1995. Z AZ / lZe 0 ze sstrator/Cleri- Treasurer LICENSE AGREEMENT THE CORPORATION OF THE VILLAGE OF PORT BURWELL hereinafter the "Licensor" OF THE FIRST PART and JACK & NORMA VINCE - PORT BURWELL hereinafter the "Licensee" OF THE SECOND PART WHEREAS the Licensor is the Owner of lands identified as the East Beach, which is showm on the inap attach hereto as Schedule "A", - AND WHEREAS the Licensee wishes to operate a Food. Booth for the sale on a specific area of the said lands; AND WHERF.A,S in consideration of the payment of the sum of $1,500.00 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: The Licenser grants to the Licensee a non -transferable license to operate a Mobile Food Booth fixed in the said location as identified in Schedule "A" attached hereto, 2. The Licensee intends to operate Food Booth only fc r the sale of hotdogs, french fries, pop, confections, etc. as approved by Council. 3. The Licensee intends to operate those facilities during the months of April and September of 1995. 4. The Licensee shall pay to the Licensor the sum of One Thousand, Five Hundred Dollars for the term of the lease with half of the said amount due upon signing of this agreement and the remaining to be paid on or before July 1, 1995. 5. The Licensee will be responsible for carrying appropriate liabilitty and property insurance on the said property which policy small 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 providing proof of liability insurance not less than. $1,000,000, .pro. 7. The Licensee shall he responsihle 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- The Licensee shall maintain public washroom facilities malting clean the all washrooms three times a day. The Licensor shall provide all cleaning materials and supplies as required in order to beep the facilities clean and operable for the duration of this License Agreement. 10. The Licensee shall not impede parking, pedestrian of vehicular traffic to the subject lands shown on Schedule "A". 11. The Licensor shall have access to the site and surrounding at all times and shall be permitted to operate vehicles and equipment for the purpose of general maintenance to the East Beach Paris. 12. The Licensee shall be permitted to connect to the existing water service at the rates as prescribed by bylaw. 13. ,Hydro connection will be at the expense of the of the Licensee and will not form part of this lease. 14. Either party to this Agreement may at any time terminate this License by giving the other party 30 days written notice of termination, 2 15. Hours of operation for each and every day shall start no earlier than 11.00 a.m. and no later than 9:00 excepting during special events. In Witness Whereof the Licenser and Licensee Have Hereunto Set 'Their Hands and Corporate Seals this Day of , 1'995. Reeve rr6--Treasurer Witness Jac6 and Norma Vince - Port Burwell Witness 3 Schedule "B" LICENSE AGREEMENT 1,11:16LI11:14il'i THE CORPORATION OF THE VILLAGE OF PORT BUR'WELL. hereinafter the "L.icensor" OF THE FIRST PART and JACK & NORMA► VINCE - PORT BURWELL hereinafter the "Licensee" OF THE SECOND PART WHEREAS the Licensor is the Owner of lands identified as the East Beach, which is shown on the map attached hereto as Schedule "A", AND WHEREAS the Licensee wishes to operate a Food Booth for the sale on a specific area of the said lands, AND WHEREAS in consideration of the payment of the sum of $2,(W.00 by the License to the Licenssor and other good and valuable consideration, the sufficiency of which is hereby aAnowledged, the parties hereto agree as follows: The Licensor grants to the Licensee a non -transferable license to operate a Mobile Food Booth fixed in the said location as identified in Schedule "A" attached hereto. 2. The Licensee intends to operate Food Booth only for the axle of hotdogs, french fries, pop, confections, etc. as approved by Councd. 3, The Licensee intends to operate those facdsties during the months of April and September of 1995. - 4. The Liceruee shall pay to the Licensor the sum of Two Thousand, Dollars for the term of the lease with half of the said amount due upon signing of this agreement and the remaining to be paid on or Wore July 1, 1995. 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 providing proof of liability insurance not less than $1, poo,.00. 7. The Licensee shall be responsible for maintaining the grounds in a meat and tidy condition, including cutting of the grass and removal of all garbage and other debris. 8. The Licensees 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. The licensee shall maintain public washroom facilities making clean the all washrooms three times a day. The Licensor shall provide all cleaning materials and supplies as required in order to beep the facilities clean and operable for the duration of this License Agreement- 10? The Licensee shall not impede parking, pedestrian of velucislar traffic to the subject lands shown on Schedule "A". 11. The Licensor shall have acx ess to the site and. ■urrou nding at all timer and shall be permitted to operate vehicles and equipment for t.lse purpose of general maintenance to the East. Beach Paris. 1Z The licensee shall be permitted to connect to the existing, water service at the rates as prescribed by bylaw. 13. Hydro service is available to the Licensee at no additional cost and the licensee shall not hold the municipality responsible for any costs or inconvenience resulting from interuptions in service construction, maintenance of the site and buildings in the immediate vicinity. Any additional costs for hydro service to the licensee's vehicle or building will be at the expense of the of the 3- Licensee and will not form part of this lease. 14. Either party to this Agreement may at any time terminate this License by giving the other party 30 days written notice of termination. 15. Hours of operation for each and every day shall start no earlier than 11:00 a.m. and no later than 9:00 excepting during special events. In Witness Whereof the Licensor and Licensee Have Hereunto Set Their Handy anJ Cmpaaate Seals this XhN _ Day of _I2113:h , 1995. A Reeve Treasurer and Norma Vince - Port Burwell ri T Aness Licensee and will not form part of this lease. 14. Either party to this Agreement may at any time terminate this License by giving the other party 30 days written notice of termination. 15. Hogs of operation for each and every day small start no earlier than 11:00 a.m. and no later than 9:00 excepting during special events. In Witness Whereof the Licensor and Licensee Have Hereunto Set Their H" anJ Corpm#s Seal this thu Day of d2 i , 1995. 'r',F"surer " 11 and Norma Vince - Port Burwell 4 P Witness Witness 1 The Corporation of the ViUagee of Port Burwell Post Office Box # 10 21 Pitt Street Port Burwell, Ontario By -Law 95-11 Being a By -Law to amend By-law 90-05, being a by- law to establish a Fire Department WHEREAS The Municipal Act R.S.Q. 1990, c. M 45 s. 210 (31) enables Municipalities to establish, maintain and operate a Eire department. AND WHEREAS the Council of t6 Village of Port Burwell passed By -Lawn 90-05 on February 27, 1990, AND WHEREAS the Council of the Village of Port Burwell deems it necessary to amend Sections 4a, 6, bf, 10e, 14b, 156, 17b and 17c of the said by-law to read as follows: 4a. The Chief of the Department may recommend to the Administrator/Clerk- Treasurer the appointment of any qualified person as a member of the Department. b. The Chief of the Department is responsible to the Administrator/Clerk- Treasurer and shall receive directions and provide all correspondence and concerns to the Administrator/ClerV'Freasurer for the proper administration and operation of the Department for the discipline of its' members and; bf. shall submit to the Administrator/Clerk-Treasurer for approval, as required by the Administrator/Clerk-Treasurer, the annual estimates of the Department and a five year plan for the Department. 10e. Provide liaison with the Adnunistrator/Clerk-Treasurer in order to ensure an adequate flow of water in new waterworlts projects and the adequate maintenance of existing waterworIs facilities for the use of the Department. 14h. Every recommendation for promotion of a member made to the Administrator/Clerk-Treasurer by the Chief of the Department shall be based on the evaluation of: 15h. if a hoard of medical examiners finds that a member is physically unfit to perform his/her assigned departmental duties and that such condition is attributed to, and a result of his/her employment in the Department, the Administrator/Clerh-Treasurer may assign the member to ether employment or may retire him/her and provide such retirement allowances as deemed proper. 17h. Following the suspension of any member the Chief of the Department shah report the suspension and his recommendations to the Administrator/[:lerh- Treasurer. 17c. A member shall not he dismissed without tieing afforded the opportunity for a hearing hefore the Administrator/Clerlr-Treasurer, if he/she makes a written request for such 'bearing within seven days after receiving notice of his/her proposed dismissal. Read a first and time this 4th day of March, 1995. �Aw Treasurer Read a third time and finally passed thi. 14th day of Mare, 1995. 61 rator/Clerk-Treasurer 2 THE CORPORATION OF THE VILLAGE OF PORT BURWELL P. O. Box 10, Port Burwell. Ontario N01 ITO telephone (519) 874-4 34 3 • fax (519) 874-4948 Memo To: Council From: D. Free Re: Fire Department By-law Amendment Date: February 22, 1915 Pursuant to our business Planning Meeting of February 18, 1995 attached is the amending bylaw which commences the restructuring prrxess to a "complete" CAO system of municipal government. This reorganization will facilitate both municipal structure and worlang relationship which is unilaterally beneficial to the community, the department and Administration. No, I will not be attending any fires, nor will I be attending any Mutual Aid Meetings. My role for the municipality is merely that of an administrator and treasurer engaged to ensure that all departments under the authority thereof are boils effective and efficient for the ratepayers. I will in the course of my duties also require quarterly reports to myself on behalf of Council by the Fire Chief with regards to the activities, requirements and the spending of the department. I have included the systems of municipal government from the New Councillors binder indicating Standing Committee, Executive Committee and CAO Systems of government, Those in attendance will recall that the majority of municipalities are moving the CAO system. Currently we have a combination which fragments and frustrates efforts of bath council and administration in their duties to the operation of the corporation and to the ratepayer. Please review the attached and consider at your earliest convenience. David F ree Encls. David R. Free, CET. AMCT(A) e Administrator/Clerk-Trea, Village of Port Burwell argamizId" Churl 1"5 coocl Retve - T. Nesbitt Ouneiilm Y■ry of Pon Bwrwan D Mason I Hevenor G L"xks C All in I c'AO/EDO I D Free Tedrrerl lawenr Wahl l rit Weft Lowd vas rums �IseeielMnl 1 N+ildoe Fiorrwr+i h"K Ll11010ar Vwxm Fw= L+rMrwr��w`I War lyFt iirib+a iwulxes se.rawr Iewrlw. TBA bwldre{ IL and" M po wawa S KmWmo (iC MBA Or ".Mee DyLw+ Wara� LMW Rsrt a Dromew sawwra ■ 3wd`rbnnda 1 � C]�tiVA i Reierw. n0 i ere. rewr D7Curio cmm car Ke.r� 344"G Ld lower r Corr nwrew.w lorshco Rrf C%,, • F�iw— t.... t .. ........................................-'........ .. " ConwWttaw, Boards & 5oeiedrw Raormo r Common - D. A6 Card Fore DrruA Is i R McMg Oaw um AIrmas Common - D. Auer teal evoreni Mowkw Marble, Oswego" Fuca Moll - Svnw 000 CAmoms u. at Mj.alap.rt - A Spww Rerie C mommoa - IC SI.0w Cemommuay hooP.evr - TBA Fars 8msesll %ko p, FbCA rp%% - B. l wet, I Iw • TrWrr wwwwrs C7w! Mrr ore Fws Dgwrwerr TBA S T I/dirr r< fnl.rr Ae� Awl D*ft Ord, 5 D Laws S Tsoor Wirwre /iw p4bs t1 Mr. 11 .i Alrniwr 14. lei 23 Roks - 20 Nil WIN comas Standing Committee System Public Worsts Committee COUNCIL Try Conte Community Services Committee Planning Committee Poft a Fdk TraMpo Nation Planning & RecreMp WMft & Shuts So 1k, 'Urban Renewal DWOOM Department Depubmni Departnxnt Source: from OMM1, You and Your Laval CkAmerement, P- 68 s EA] Roks . 20 Pub a Standing Committee System Public weds COMMMee COUNCIL Transportation Committee Community Services Committee Planning Comrwttee - Pwb & Recreation Public waft Transportation b Streets Social Services Planoft i Urbu rA Feral De"rtmenl Department Deparime»l Departmenl Depallinel Bootee: from OMMI. You aW Your LocW Cyr. p. M THE CORPORATION Of THE VILLAGE QE PORT BURWELL P O Box 10. Port Burwell. Ontario N©I l TO telephone (S l9) 874-4343 • fax (519) 874-4948 Memo To: Tom Millard From: D. Free Ile: By-law 95-11 [)ate: March 21, 1995 With the passim of By-1.aw 95-11 yourself and the Fire Department are to report through myself, the Chief Administrative Officer to Council in accordance to the organization chart attached. I suspect there will he little to no change in the operation of the Fire Department other than the occasional ,presence of myself in order to address any concerns that the department may have on various issues. I would also like to think that the short term and long term capital requirements can he facilitated through the normal hudgeting process insuring that your department is equipped to perform its duties without compromising the safety of the community or the volunteers. It is ot11y in the area of administration anti finances that my activities will he (mown afij it is moped that these efforts are received as cooperative.. I would like to be made aware of the departments schedules with regards to meetings and practices (special practices) in order that I might attend occasionally to listen to the concerns and lend my support as required. I would. also recommend that yourself, the Deputy Fire Chief Sam Taylor and meet in the immediate future in order to go over any outstanding items which need to he addressed. I would request your response at your earliest possible convenience. Free, LET, A.M 11Ad Inistrator/ lerlr- 1 reasurer 4 Incls. David R Free, CET, AMCT(A) - Administrator/Clerk-Tr'.•abk,r. JLJNCIL -erne - T Nesbitt Coup Ic 1 l D. Mason I Hevenor G. Loucks C Aliin Village of Port Burwell vrgantEatIm Chart 1995 CaWWO Vinare of Port Burwell c4mmwaty Policies 1 LAwtn Auditor, Red4em Moo" CAO(ED© Tedranl Aaarr.nt pride W.H. � P9amrnt Error—u PUNK Utilities Venaa Fume B Waite Vrrrws Ftrre, ! Hendrtdta musidpel Emlrenmoretrl Wear supply 8wlrhni i a[lKK Srpr*%- M Feteraan B Kaslryn>♦h OCwA R Bndbdld It"& a. Dnlnatr SewW Operation B 1.aa tcwce+rretu y AAA �eed C Ckmeyv OCWA G" cWho E Rokem Krns sppel Craw G+,i Scarontr Swdertt i r so No + r 1.... STP Aasrwt ....................................................... C:ornrnitteim Boards & Soektks BTA - S. Chill, Rarxsation Coaaornee - D Me Cord part Burwell P & R 5edeq (N-a a) M� Commmm - D Mmm pave Surwril Hweried Serwy (rw+4.1 Farman M,rlcet - Suaan Gd1la Coumtux of Adjustment - A. Spica Roads Commrnee -1C Small Cory improvement - TBA Horticulture Society - S. mmuoa Port Burwell lion Profit Homing Corp'n - R Lourb Hrbw+ Facdlru:s R.etir. Cldara i Trrew Aa... M%CW& TBA 5 MWACl F re Depw ,-" T MLImd Swrrr fuirrr4 Z; Aae Drpuy C,]uri m WWd I m-k- TBA S D La ncrt S Tr,4m silo 0"" mmiaa vsim r Fe Fryawe SwnlrarErreda W • wwr a..+o 74a590 Lid 1 u A ones NrrMv Oceans a FL0oahea C 1 File' PBWELLA OPW Novem use 14. 1994 THE CORPORATION OF THE VILLAGE OF PORT BURELL PO Box 10 21 Pitt Street Port Burwell, Ontario BY-LAW 95-12 Being a by-law to establish an additional reserves funds for the Municipality within the general reserve fund. WHEREAS Section 163 paragraph (1) of the Municipal 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. AND WHEREAS the Development Charges Act, RSO 1990, c. D.9, s. 16 through to 19 and regulation thereof requires that a separate reserve fund be established and maintained to collect and account for monies for which development charges were imposed THEREFORE the Council of the Village of Port Burwell hereby enacts: That a reserve fund be established Development Charges received in accordance to Bylaw 91-30 and any amendments thereof. 2. That $6,000.00 initially be placed into the Development Charges Reserve Fund considering monies collected for the years 1991 through to 1995. Further monies from time to time are to he placed in the Reserve Fund as collected in accordance to Bylaw 91-30 and any amendments thereof. 3. That all monies collected as Development Charges in accordance to the bylaws and legislation be placed in the General Reserve Fund. 4. That the ClerkiTreasurer 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 March, 1995. r � 1 Read a third time and finahy passed this 14th day of March, 1995. Free Treasurer N THE CORPORATION OF THE VILLAGE OF PORT BURWELL P. O. Box 10, Port Burwell. Ontario N©J I TO telephone (519) 874-4343 • fax (519) 874-4948 Memo Date: March 13, 1995 To: Council From: D. Free Re: Development Charges Council: Considering recent inquiries with regard to potential development it was necessary to review the Development Charges bylaw 91-31 and subsequent amendments. Upon my initial review I request both our solicitors and planning consultant to review the bylaw providing their input in the matter. The letters from both Mr. Peterson and Mr. HenJric6 are attached for councils perusal. As summary of what is required currently in order to establish fair and equitable Development Charges is a number of steps of which first and foremost is the establishment of a Reserve Fund. The second step is to deposit monies collected in the past into this reserve fund. To this end the attached bylaw commences process necessary in order to comply with provincial legislation and to maize our financial records and bylaw valid. Again this is a correction of an oversight by both previous administration and auditors as monies apparently were collected in 1991 and 1992. Subsequently updating of the bylaw is required and must commence immediately in order to justify the collection of any amount of money as permitted by the Development Charges Act. I now inform council of my intention to involve both the municipal solicitors and the planner in this matter as time is not available to devote to this project inclusive other local requirements. I have enclosed relative legislation (Development Charges Act, Regulations as referred to by the solicitor, the Planning Act and the Municipal Act) which provides details of how Development Charges are to be amended inclusive of the specific obligation of the muncipality to establish reserve funds and to separately allocate/ monitor the collection of monies as permited by the bylaw and legislation. David R. Free, CET, AMCT(A) - Administrator/Clerk-Treasurer Please consider the attached at your earliest convenience in order to properly establish our financial records for 1994 and future years and commence the process of collection for various potential development protects. j. Free ,Fncls. 2 MICHAEL F. PETERSON, B.sc.(Agr.), LL.B. Barrister & Solicitor 68 Bruce Street, London, Ontario N6C 1 G6 (519) 433-8635 March 6, 1995 Village of Port Burwell W3 k( C -T P.Q. Box 10 _ / $ Port Burwell, Ontario rro] 1 T(3 ►6CaWaW_33 41P �E1_q Attention: David Free Administrator/Clerk-Treasurer Dear Mr. Free: R: d m n h BY-I&w I have reviewed the package of materials you provided to me with respect to this matter. I have also had the benefit of reading Mr. Henricks' letter on the topic, dated February 23, 1995. From our brief d i scussion on March 3, 1995,1 gather that one of your primary concerns is with the prospect of amending the By-law to reduce the amount of the charge. I would agree substantially with Mr. Henricks' review of the status of the current By-law. As I discussed with you, the forecasts for development and population growth in the Village, as set out in the background study, have proven to be overly optimistic. This does not mean that someone can now challenge the By-law on the basis of the forecasts being incorrect. The appeal period is long past. The only present opportunity for appeal lies under section 8 of the act. That section provides a right to complain that there has, inter al a, been an error made in the amount being charged to a particular development, There is no right to attack the basis for the charge which is found in the background study itself. By-law 92-31 was passed to amend the Development Cbar es By-law, 91-30, by providing for a phasing in of full charges as of January 1,1 "994 fit, this "!� fir!'' t air Act. If count intends to amend By-law 91-3 0 again even in order to reduce the amount of the charge (as I gather it is perceived that $44,056 is excessive), Section 7 of the Act permits council to amend By-law 91-30. The notice and public meting requkem�ents of section 4 must be followed. do AM 72549; I have not updated the regulation to check for 2 amendments, but I will do so at your request. If you have any questions about the notice provisions or the requirements of section 4, please let me know. The difficulty arises with respect to providing a sufficient rationale for the reduction of the charge. A development charge cannot be an arbitrary figure. There must be an analysis of the growth -related net capital casts anticipated by the Village. We know that the projections in the original study have not come to fruition, but a reduced figure cannot simply be pulled out of a hat; such a charge would not withstand the scrutiny of the ONIB, but practically speaking, it seems unlikely that a lower charge would be the subject of an appeal. At 4 ve Iu Alire aoomt offlo Dm 1 1 1 t Chops, th n I �'>l�bnving: -undertake a limited study on the population growth and the amount of new development in the 'Village; -the conclusion of the study could be that the projected amount of development over the life of the current By-law 91-30 is substantially less than was anticipated at the time the By-law was passed; -the study should attempt to show what the growth -related net capital costs have been, and based on this pattern, what they are expected to be for the remainder of the 14 year period; -a new proposed charge could then be calculated I realize that none of the monies cogected to -date have been expendedAogido OWN PW berms liW'ffM As we discussed, all development charges collect You should also note the reporting requirements of section 17 of the Act and section 12 of O.Reg. 725/89. Ultiniately the real issue is whether anyone would appeal s by-law which were to reduce the amount of the charge. I understand that no development charges were paid in 1994 and consequently no one has ever paid ir, excess of $2,000. That would at least hopefully mean there would be no one who felt abused by having to pay the higher amount of $4,056. However, anything is possible. That is why I recommend at least a modest study to justify any amending by-law. An amending by -Law is subject to the 20 day appeal period set out in section 4(4) of the Act. As an aside, I would draw your attention to section 10 of O.Reg. 725189. Does the Village have a pamphlet describing the development charges being imposed? 3 I have attempted to deal with at least the most obvious concerns you might have with the present By-law. If i have not addressed an issue of interest, or if you require clarification of any of the matters raised above, please let me know. Yours very truly, cc. John Henricks S. 3 DEVELOPNf ENT CHARGES ACT (b) provide that a development charge shall be payable in money or y the provision of services or by a combination or both as may be agreed upon under subsection 9 (9) by the municipality and the owner. ldem (5) Despite subsection (3), a by-law praised under subsedion (1) may, (a) designate categories of institutions for the purposes of clause (b); (b) provide for a fill or dial exeeuptian of designated categories of institutions from the patyment of development charges; (c) designate categories of dwelling units as affordable bousing; and (d) provide for a full or partial exemption of deligBated categories of aRordabk housing from the pay rnettt ofdevtlopmen I charges. Limited exemption (6) No land, except land owned by and used for the purposes of a board as defined in subsection 30 (6) or a municipalit , is 4mem t from a devel- opment charge under a by4sw passed under sv=tion (1) by reason only that it is exempt from taxation under section 3 of the Assessartnt Act. Restriction on development charges (7) No development charge may be imposed with respect to, (a) local service installed at the expense of the owner within a ptan of subdivision as a condition of approval under section 51 of the Planxusg Act; (b) local services insts led at the expense of the owner as a condition of approval under section 53 of the Planxigg Act; or (c) local connections to .eater mains, sanitary hewers and storm drainage facilities installed at the expense of titre owner includin amounts imposed treader a by-law passed under section 222 of the MuxicoW Act. AAt on: The Development Charges Act is not a general taxing statute that should be inter- preted in favour of the payor but is a specific revenue generating statute confined to certain classes of development: Hamilton-Wertrworlh (Regional Municrpalirv) Devel- opment Charges By-law R90--082 IRe) (1991). 25 O.M.B.R 257, 6 M.P.L.R. 52 (O.M.B.). 4. (1) Before pausing a development charge by-law, except a by-law passed pursuant to an order of the Municipal Board made under clause (11) (b), the council, (a) shall hold at least one public mooing; (b) shall girt notice of the meeting in the manner and to the persons and organizations prescribed; and DC A 4 PART 1 DEVELOPMENT CHARGES S. 4 W shall ensure that sufricient information is trade available at the meeting to enable the public to understand generally the devel- opment charges proposal. Right to be heard (2) The meeting referred to in subsection (1) shall be held no earlier than twenty days after the requirements for the giving of notice have been complied with and any person who attends the meeting may make rep- resentations in respect of the proposed development charges. AnnoaUon: The phrase "no earlier than 20 days" does not mean 20 clear days notice and a municipality complied by giving notice of a meeting with 19 days clear mice: Ham- idron-Wennwunh (Regional Municipality) Development Charges By-law R90-082 (Re) (1991). 25 O.KB.R.257. b M.P.L.R. (2d) 52 (O.M.B.). Notice of by-law (3) If the council passes a development charge by-law, except a b�-law passed pursuant to an order of the Municipal Board under clause (11) (b), the clerk of the municipality shall, not later than fifteen days after the day the by-law is passed, give written notice of the paming of the by-law in the form and to the persons and organizations prescribed and the notice shall specify the last day for Ring a notice of appeal under subsection (4). A►ppead (4) Any person or organization may, not later than twenty da s after written notice under subsection (3) is given, ,appeal to the Municipa Board by Filing with the ckrk of the municipality a notice of appeal setting out the objection to the by-law and the reasons in support of the objection. Timing of notice (5) For the purposes of subsection (4), the written notice shall be deemed to be given, (a) where notice is given by publication in a newspaper, on the day that the publication occurs; (b) where notice is given by personal service, on the day that service of all required notices is completed; or (c) where notice is given by mail, on the day that the mailing of all required notices is completed. Record (b) A clerk of a municipality who receives a notice of appeal shall compile a record which shall include, (a) a copy of the by-law certified by the cleric; (b) an affidavit or declaration certifying that the requirements for E the giving of notice under subsection (3) have been complied � with; and ONTARIO PLANNING PRACTICE DCA 5 sepe ber 19% S. 4 DEVELOPMENT CHARGES ACT (c) the original or a true copy Of all written submissions and material received in respect of the by-law before it was passed. Notice and record to O.M.B (7) The clerk shall forward the notice of appeal and the record to the secretary of the Municipal Board within thirty days of the last day of appeal and shall provide such other information or material as the Board may require in respect of the appeal. Affidavit, declaration conclusive evidence (8) An affidavit or declaration of the cleric of the municipality that notice was ,given as required by subsection (3) or that no notice of appeal was fled under subsection (4) within the time allowed for appeal is con- clusive evidence oft he facts stated therein. Hearing (9) The Municipal Board shall hold a bearing notk-e of which shall be given to such persons or organisations and in such manner as the Board may determine. Early dismissal of appeal (I0) The Municipal Board may, where it is of The opinion that the It to the by-law set out in the notice of appeal is insufficient, dismiss the appeal without holdings full hearing but before disntissin& the appeal "I notify the appeWrnt and give the appellant are opportunity to make nrprestntations as to the merits of the appeal. A+raotation In Georgina (Town) Ckvelappkw Charges By-law 91.145 (TA-1) (Re) ( i993). 28 O.M.B.R. 184 (O.M.B.). the Board dismissed an appeal without a hearing where the appellaWs objections did not relate to the appropriate relationship between the charges sought and the development but rather related to matters that were irrelevant or that could not be considered by the Board. Determination by O.M.B. 01) The Municipal Board may, (a) dismiss the appeal; (b) order the council of the municipality to repeal the by-law in whole or in part or to amend the by-law in accordance with the Board's order; or (c) repeal the by-law in whok or in part or amend the by-law in such manner as the Board may determine. Annotation: In Kirs►rin v_ tAn& rr (Ciry) (1992). 28 O.M.B.R. 376. 13 M.P.L.R. (2d) 115 (O.M,B.). where an owner replaced an existing serviced triplex with a new larger triplex. the Board held that the development charges by-law should be amended to give DCA 6 PART 1 DEVELOPMENT CHARGES S. S a credit for demolition and that the municipality had not met the threshold test of S. N I) of the Development Charges Act since there was no evidence that the new triplex would increase the need for services. In evaluating a municipality's development charges, the Board must consider the situation at the time the municipality formulated the development charges and may test the charges by asking whether they were relevant, necessary, reasonable and equitably applied: Strathroy (Town) Development Charges 8Y-law 23.92 (Re) (1993). 29 O.M.B.R. 414 (O.M.B.). (In this case, the Board expressly applied the test from Mad. Aire Homes lid. v. Georgina (Township) (1984), 17 O.M,B.R. 213 (O.MB,), that had been used to test lot levies imposed for subdivisions under the Planning Act.) Restrictions on amendments (12) Despite subsection (11), the Municipal Board may not amend or order the amendment of a by-law so as to, (a) increase a development charge imposed by the by-law; or W alter the term of the by-law. Annotation: The public meeting may be held on the twentieth day from the giving of the notice. it is not necessary to provide twenty clear days' notice: Hamilton -Wentworth (Regional Municipality) Development Charges By-law R90-082 {Re) (1991). 25 O.M.B.R. 257. 6 M.P.L.R. (2d) 52 (O.M.B.). On an appeal of a development charges by-law, the Ontario Municipal Board may increase amounts relating to any individual service category or service components designated by the by-law as long as the Board does not raise the total amount of the development charge: Ontario (Urban Development lnstirure) v. Oakville (Town) (1993). 16 O.R. (3d) 234.29 O.M.B.R. 385 (Div. Ct.). Where a municipality pusses a development charges by-law after the public hearing required by the Act and then without a public hearing passes technical amendments that do not affect the quantum of the charge or the service categories. the Ontario Municipal Board has the jurisdiction on an appeal to make the amendments without sending the by-law back to the municipal council for a public hearing: Lincoln (Town) By-law 91-60 (Re) (1993). 29 O.M.B.R. 2, 16 M.P.L.R. (2d) 300sub rum Huffman (Re) (O.M.B.), affd 16 O.R. (3d) 234. 29 O.M,B.R. 385. sub nom. Ontario (Urban Development Institute) v. Oakville (Town) (Div, Ct.). Date by-law effective 5. (1) A development charge by-law comes into force on the date it is passed or the date specified in the by-law, whichever is later. Retroactive repeal (2) if the Municipal Board orders the council of a municipality to repeal a by-law in whole or in part, that part of the by-law that is repealed shall be deemed to have been repealed on the day the by-law Dale into force. Refund (3) The municipality shall refund all development charges paid under the by-law or that part of the by-law that is repealed under subsection 4(11), ONTAI[IU PLANNING PICACTICE DCA 7 S+rOmber 1914 PART I DEVELOPMENT CHARGES S. I6 respect to land within the area to which the by-law applies, the munici- pality shall give a credit for an amount equal to the reasonable cost to the owner or to the former owner of providing the services. Idern (3) If an owner is required to par a charge to a municipality under a by-law passed under section 218 of the Municipal Act, section 4 of The City of Ottawa Act, 1960-61 or section I of The City of Toronto Act, ! 961-62, the municipality shall reduce the development charge payable under the development charge by-law by an amount equal to the charge imposed by that by-law. Conflicts (4) If a conflict exists between the provisions of a development charge by-law and an agreement referred to in subsection (1) or (2), the provisions of the agreement prevail to the extent of the conflict. Idem (5) If a conflict exists between the provisions of a development charge by-law and any other agreement between a municipality and an owner or a former owner with respect to land within the area to which the by-law applies, the provisions of the agreement prevail to the extent that there is a conflict. Annotation: The object of this section is to avoid double charging for a lot that was approved for development before the enactment of the Development Charges Act. Thc section pro- vides a credit for pau charges even where those charges differ from charges under the Act. Kenwr Invemmew Inc. v. Peterborough ('City) (19931. 14 O.R. (3d) 464, 15 M.P.L.R. (2d) 262 (Geri. Div.). Multiple requirements 15. (1) A municipality shall not levy more than one development charge on land to which a devekpment charge applies even though two or more of the actions described in clauses 3 (1) (a) to (g) are required before that land can be developed. Idem (2) Despite subsection (1), if two or more of the actions described in clauses 3 (1) (a) to W occur at different times, a municipality may require the payment of an additional development charge if the subsequent action has the effect of increasing the need for services. 1111"W a !fWW A& (1) Payments received by a municipality under this Part shall be maintained in a separate reserve fund or funds and shall be used only to ONTARIO PLANNING PRACTICE ' DCA 13 March 1"4 S. 16 DEVELOPMENT CHARGES ACT meet growth -related net capital costs for which the development charge was imposed. Section 163(2,3) of Municipal Act apply (2) Subsections 163 (2) and (3) of the Municipal Act apply with neces- sary modifications to payments received by a municipality under this fart. @hd0@WW tlr hl " '4lii)1. The treasurer of the municipality shall, in each year, on or before such date as council may direct, furnish to the council a statement in respect of each reserve fund established under section 16 containing the information prescribed. Interest 19. (1) A municipality shall par interest to permw to wham overpay- ments are refunded under subsection 5 (3), S ( or S (14) calculated in the manger prescribed. Idem (2) Interest shall be calculated from the time that the overpayment was collected to the time that the refund is paid. Idem (3) The refund shall include the interest owed. Regulations The Lieutenant Governer in Council may make regulations, (a) prescribing, for the purposes of section 3, the manner in which development charges shall be calculated; (b) prescribing the number of additional dwelling units and the categories of existing residential buildings for the purposes of clause 3 (2) (b); (c) prescribing, for the purposes of section 3, these services for which development charges shall not be imposed; (d) Prescribing, for the purposes of clause 3 (4) (a), an index or indices that may be used; (e) prescribi", for thepurposesof subsection 4 (1), the persons that are to be given notice and the manner in whkb notice is to be given; (0 prescribing, for the rposes of subsection 4 (3), the persorn and agencies that are to he given notice and the manner and form in which notice is to be given; (g) prescrfb'iurg far the purposes of subsection 5 (7), the information to be pravitkd in the notice and the persons to whom notice is to be given; DCA 14 CHAPTER 12 DEVELOPMENT CHARGES ACT REGULATIONS DEVELOPMENT CHARGES R.R.0 Ifoinmedy © ReplbW 1.0) The determinatwn of capital cost shall ntrt include costs levied in an agreement under section 51 or 53 of the Pjanntag Are before the coming into force of a development charge by-law. (2) Despite subsection (0. the determination of capital cost may include all costs related to buildings, structures or facilities that have been oversized so as to accorn modate future growth. 2. Despite any provision of a development charge by-law, a municipality shall not include in its calculation of devek>'pntent charges the growth -related net capital cost of a service that is rat being provided at the time the development charges are being calculated 3.(l) Subject to subsection (2), a municipality shall base the calculation of development charges on the provision of services at standards no higher that the standards eowhich such services art currently provided or have been provided M any time m the ten years preceding the calculation. (2) in calculating developmeni charges, a municipality shall apply only those standar&. which have been approved by council and form part of an adopted official plan. an approved capital forecast or other similar expression of the intention of council. (3) A standard approved under subsection (2) may be based on the provision of a service, (a) throughout the municipality: or (b) within a portion of the municipality as designated in a development charge by- law (4) A municipality may change the manner in which lice services are provided (5) Any changes adopted under subsection (4) shall be based on changes in the design. delivery or operation of the affected services, and shall not provide for the irnpositnar► of a higher standard of service than the standard used under subsection (1)• (b) Despite subsections (1) and (5). if the standards which are currently applied arc lower than die standards required under srxx ter Act. the calculation of development charges may be based on the provision of such services applying the standards required under such Act. 4.0) The calculaeion of develiopment charges shall be based on growth -related net capital costs for a period not exceeding ten years from the date a devekoprrtent charge by- law corner into force. (2) Despite subse:+ction (1). the calculation of development charges may be based on growth -related net capital casts for water supply services. sanitary sewer services, storm drainage servwrs. transportation services and waste disposal services for a period exceed- ing ten years. 5.01 A municipality may. in a development charge by -thaw. define uses as. (a) residential. commercial or other general cawgory: and (b) specific categories within the general categories described in clause (a). SNYTARI(f PILANNING PRACTiCE DCAR I Mlaircb 1"3 S. 5 R.R.O. 19". Reg. 267 (2) A municipality shall calculate the growth -related net capital costs attributable to each of the uses of land. buildings or structures designated in a development charge by-law (31 A municipality may impose, with respect to each use of land, buildings or structures designated in a development charge by-law, only those growth-mlated nei capital costs attributed to that use. (4) A municipality that has provided, in its development charge by-law, for two or more specific use categories within a general category. may treat those specific use categories as a general use for the purposes of subsections (2) and (3). (5) A municipality may treat any of all of the uses specified in its development charge try -law, except residential uses. as a single use for the purposes of subsections (2) and (3). i.(I) In this section. grade" means the average level of finished ground adjoining a dwelling unit at all exterior wall&; „gross floor area" means the total arcs of all }boars above grade of a dwelling unit treasured between the outside surfaces of exmwim walls or between the outside surfaces of exterior walls and the ce.vae line of party walls dividing the dwelling unit from another dwelling unit or other portion of a building. sern i -detwhed or row dwelling.. means a residential building consisting of one dwelling unit having one or two vertical walls. but no other parw attached to another structure. "single detached dwelling" means a residential building consisting of one dwelling unit and not attached to another structure- (2) Subject to subsection (3). a development charge by-law shall not impose a develop aunt charge with respect to the creation of. (a) one or two additional dwelling units in an existing single detached dwelling; or (b) one additional dwelling unit in any other existing residential building. (3) A deweloprrient charge may be iresposed under clause (2) (a) if the total gross floor area of the additional one or two units exceeds the gross floor area of the existing dwelling unit (4) A developr at charge maybe unposed under clause (2) (b) if the additiatal unit has a gross floor area greaer than, (a) in the case of a semi-detached or row dwelling, the gross float area of the existing dwelling unit; and (b) in the case of any other residential building, the gross floor area of the smallest dwelling unit contained in the residential building. 7. A m umicipality may provide in a developmtettt charge by-law that development charges may be adjumcd one or two times annually in accordance with, (a) the Comptrsile Southam Construction Cost Index (Ontario Series): (b) the Engineering News Record Cost Indexes in 22 cities as published in the Engineeriag News Rauord. or (c l Statistics Canada quarterly. Censrraacriorr Price Sswislicr, catalogue number fa2-W. I. Notice of a public ntiecting under clause 4 (1) (b) of the Act may be given. (a) by personal service or prepaid first class mail to every owner of land in the area to which the proposed by-law would apply. at the address shown on the four revised essessmam nAI or, if the clerk of the municipality has reaacived written notice of a charsge of ownership of land. as that address: or (b) by publication in a newspaper that is, in the clerk's opinion, of sufficiently general cim ufation in the area to which the proposed by-law would apply w give the public reasonable notice of the meeting. 9.0) T%e notice under subsection 4 (3) of the Act of the passing of a by-law shall be in Form 1 (2) Notice under subsection 4 (3) of the Act shall be given in the same manner as described in section 8 and by personal service or prepaid first class nui(. DC'AR 2 R.R.Q. 1"0, Reg. 267 S. 12 (a) to every person and agency that has givcn the clerk of the municipaluy a written request for nonce of the passing of the by-law and has ,provided a return address, (b) in the case of a by-law passed by the council of an area municipality. to the clerk of the upper tier municipality in which the area municipality is located. (c) in the case of a by-law passed by the council of an upper tier municipality, to the clerks of the area municipalities. and (d) to the secretary of every school board having jurisdiction within the area to which the by-law applies. 14,(I) A municipality that has a development charge by-law in force shall prepare a pamphlet setting out. (a) a description of the general purpose for which the development charge is being imposed; (b) the schedule of development charges established under the by-law. and (cl the services for which the development charge is being imposed (2) A municipality shall prepare a revised pamphlet if the development charge by-law is amended or a new by-law is amended or a new by-law comes into force. (3) A municipality shall prepare the pamphlet referred to in subsection (1) or (2). (a) if the by-law or the amendment to the by-law is not appealed under subsection 4 (4) of the Act, within sixty days of the day the by-law or amendment to the by- law comes into force; (b) if the by-law or the amendment to the by-law is appealed and the appeal is. dismissed, within sixty days of the date of dismissal; (c) if the by-law of the amendment to the by-law is appealed and the council is ordered to amend the by-law, within sixty days of the date the municipality passes the amended by-law. or (d) if the by-law or amendment to the by-law is appealed and the Board amends the by-law, within sixty days of the date of the order of the Board. (4) The cleric shall provide one copy of the pamphlet to any person. without charge. upon request. (5) On or before the I st day of March in each year. the clerk shall provide to the Minister of Municipal Affairs a copy of the pamphlet setting out the development charges in effect on the 31 u day of December in the previous year (6) The clerk may provide additional copies of the pamphlet to any person upon payment of a fee to cover the cost of printing the additional copies. (7) Any person may matte copies of the pamphlet and distribute the copies to other perSOM 11.0) A credit given under subsection 13 (1) of the Act shall not exceed the total development charge payable by an owner to the municipality. (2) The reasonable cost to the ownerof providing the services under subsection 13 (2) of the Act is the cost of providing the services in accordance with the standards described in waic in 3- 12. The statememt under section 17 of the Act shalt contain the following information in respect of each service for which the development charge is being imposed: 1. The balance as of the Ist day of January- 2. The distribution of the development charge proceeds received during the year. 3. The amount transferred to the capital fund- 4- The development charge amounts refunded or allocated to other services. 5. The apportionment of accrued interest. 6. The closing balance as of the 31st day of December. 7. An addendum indicating for each project the intended application of the amount transferred to the capital fund. ONTARIO PLANNING PRAt-nCE DCAR 3 5mp+ember 1"2 S. 13 R.R.O. 19", Reg. 267 13.(I) A municipality shall pay interest on a refund under subsection 5 (3). (5) or g (14) of the Act at a rate not less than the Bank of Canada rote on the date the development charge by-law comes into force. (2) Despite subsection (1), the municipality may adjust the interest rate on the first ',usiness day of January, April, July and October in each year to a rate not less than the sate established by the Bank of Canada on that date. (3) A municipality that makes an adjustment under subsection (2) is required to cont,nue making adjustments on the dates and at the rate set out in that subsection. Form 1 NOTICE. OF THE PASSING OF A 7EYELiOFMENF CHARGES BY-LAW BY THE COR"ATMN OF THE.......................... ............. ............ .-................. OF...................................................................... TAKE NoncE that the Council of the ........................................ .. , .......(name , .. ......... of municipal corporation) passed By-law ............................. on the - .....{lay of .................. . 19 ......... under section 4 of the Development Charges Act. AND TAKE NCr. that any person or agency may appeal to the Ontano Municipal Board in respect of the by-law by filing with the Clerk of the ........................... . (name of the municipal corporation) not later than the .................... day of ............................... 19......... a mice of appeal setting out the objection to the by -taw and the reasons in support of the objection, An explanation of the dlewloprment charges imposed under the by-law, a description of the lands to which the by -taw applies and a key map showing the location of the lands to which the by-law applies (or. alternatively. an eitptaradion as to why a key map is not provided) are attached. The complete by-law is availabk For inspection in my office during regular office hours. Dated at the ................... of this ................... dry at ............................ , 19 Clerk of the ......................................................... of THE CORPORATION OF THE VILLAGE OF PORT BURWELL PO Box 10 212 Pitt Street Port Burwell, Ontario BY-LAW 95-13 Being a lay -law to set water and sewer user rates in the Village of Port Burwell for the fiscal year of 1995 WHEREAS by Section 218 of the Municipal Act R.S.O. 1990, M.45 as amended provides that Council of a local Municipality may by lay -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 as amendedand others provides for imposing rates, regulating, metering, measuring and collection frequencies, methods for water and sewer rates. AND WHEREAS the municipality has the water and sewage infrastructure available for connections for most persons and businesses within the municipality. THE Corporation of the Village of Port Burwell hereby enacts: 1.0 ADMINISTRA11ON OF BY-LAW 1.1 Tlus bylaw provides a minimum standards for the credit, collection and cut-off practices of water and sewer supplied by the Village of Port Burwell. This bylaw shall be interpreted and administered by the Administrator/Clerl -Treasurer only until such time as changes to the bylaw are passed for clarification. 1.2 Compliance to the bylaw is required commensurate with the generally accepted practices by the majority of utility suppliers in Ontario. 1.3 Customers have the right to appeal specific charges within this bylaw. This expression will only be accepted if the complaint is written and detailed with the issues of Concern and only upon payment of principle and penalties outstanding. If uponreview of the matter council decides in favour of the appellant reimbursement shall be issued within 30 days of the passing of the resolution of council. 2.0 DERNI'I ONS 2.01 "Due Date"' means the last day on which a bill is payable without a late -payment charge. 2.02 "Public Utility" means water or sewer services supplied to the public. 2.03 "Supplier" means a municipal or other corporation supplying a public utility. 2.04 "Apartment" or a "subsidiary residential premises", including a premises described in clause I (e) of the Landlord and Tenant Act; or a room or other subsidiary unit that is rented for residential purposes, including one that is rented to a member of the mortgagor's family or to an employee of the mortgagor. 2.05 "Trailer Park" or "Trailer Camp" means land in or upon which any vehicle, so constructed that it is suitable for being attached to a motor vehicle for the purpose of being drawn or propelled by the motor vehicle, is placed, located, kept or maintained, even if the vehicle is jacked -up or its running gear is removed, but not including any vehicle unless it is used for the living, sleeping or eating accommodation of persons therein. 2.06 "Campground" a conimericial establishment renting areas daily or extended periods of time used for setting up a camp or holding a camp meeting. 2.07 "MobileHome" means any dwelling that is designed to be made mobile, and constructed or manufactured to provide a permanent residence for one or more persons, but does not include a travel trailer or tent trailer or trailer otherwise designed; 2.08 "Single Family Residence.." a unit or proposed unit under the Condominium Act, or (b) a structure or part of a structure, that is designed for occupation as the F residence of one family, including dependants or domestic employees of a member of the family, whether or not rent is paid for the occupation of any part of such residence, and whether or not the land on which the residence is situated is zoned for residential use, and "single family residence" includes any such residence that is to be constructed as part of the arrangement relating to a conveyance of land. 2.09 "Administrator/Clerk-Treasurer" means the individual holding the position of Adn-inistrator/Clerk-Treasurer of the Village of Pert Burwell or a delegate thereof as appointed by Council. 2.10 "Council" means the elected Council of the Corporation of the Village of Port Burwell. 2.11 "Meter" means a device as supplied and owned by the municipality/public utility designed to measure and record the amount or volume, as of the flow of water consumed by the resident or user of the public utility. 2.12 "Remote Readout" means a device as supplied and owned by the municipality/public utility located in a conspicuous location which is directly connected to the meter for the purpose of registering the quantity of water as recorded by the metre consumed by the resident/residents of users of the public utility. 2.13 "OPSD"s" means the Ontario Provincial Standard Drawings as published by the Municipal Engineers Association and as amended. 2.14 "OPSS's" means the Ontario Provincial Standard Specifications as published by the Municipal Engineers Association and as amended. 3.0 SERVICE CONNECTIONS 3.10 Dater Connections 3.11 That all users of Port Burwell Municipal 'Cuter System will have their water supply metered. 3.12 The water meter, remote readout and meter connections are owned by the Corporation of the 3 Village of Port Burwell. 3.13 The water meter is to be sealed by the Corporation and the seal is to remain unbroken. 3.14 The readout is to be placed in a location as prescribed by the municipality with the owner supplying sufficient access and space witli unobstructed visibility for reading with the naked eye. The municipality shall have full authority for the readouts location in order to ensure safety of employees, convenience and access for reading. 3.15 The utility user or occupant may with written consent only enclose the water meter in a manner to the satisfaction of the Village of Port Burwell. 3.16 The water meter is not to be altered, defaced, or changed in any manner. 3.17 The water meter is to be installed with a valve between the meter and the exterior curb stop in accordance to the Ontario PrLpAncial Standard Drawings and Specifications. 3.18 There are to be no Ts or supply splits between the stop cock and the water meter. 3.19 Any and all dwelling units, apartments, businesses establishments, mobile Domes, campgrounds, trailer parks will receive one or more water consumption bill in accordance Section 5.0 and Schedule "A" of this bylaw. 3.20 Sewers Connections 3.21 No residents or businesses shall connect eavestrouths, sump pumps 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 coast. 4 3.22 Any existing connection which is not domestic sanitary sewage discharge will be required to disconnect at the expense of the property owner 3.23 Any and all dwelling units, apartments, businesses establishments, campgrounds, trailer parks will receive a sewer bill at the rate per dwelling unit as described within Schedule "A" of this by-law. 3.24 All properties which have reasonable access which is not cost prohibitative are to be connected to the sanitary sewer system and shall receive charges equivalent to being connected. 3.25 All property owners which are not connected to the sanitary sewer system shall he given reasonable notice for connection. Upon the expiry of the notice the municipality shall have the right to enter onto private property and make connection within the residential unit as deemed reasonable and cost efficient. 4.0 CREDIT CHECKS 4.1 All customers shall he required to complete Change Notices per Schedule "C" fonning part of this bylaw. 4.2 The Village of Port Burwell will have the right to have a credit check made on any customer, and on request, notify any customer about whom a consumer report is obtained from a consumer reporting agency. 5.0 RATES 5.01 All worm, emergency or otherwise, performed on private property to the direct benefit of one customer and/or property owner shall be charged at the current rate and is to be due on rendering of account. This charge is to he lien on the property and is to be collected as an addition to the water/sewer bill. 5 5.02 Any out of Town users shall pay a rate of 1.5 times the in Village users in accordance to Section 5.7 and all other terms and Schedules as they may apply as described within this bylaw. 5.03 New connections to the Port Burwell water system shall pay the direct costs for connection plus $200.00 administration lee. 5.04 Any person who contravenes this by-law is subject to a fine of up to $5,000.00 upon summary conviction or under Pro%rincial Offenses Act. 5.10 Water Rates 5.11 All metered users shall pay a rate described in Schedule "K forming part of this bylaw for the first cubic meter of water metered each month, and an additional per cubic meter rate metered each month in excess of the first 10 cubic meters. 5.12 Metered water users shall receive a minimum bill as descried in Schedule "Kfor cubic meters per month regardless of quantity used, excepting for water consumption greater than minimum as described in Schedule "A!' based upon the cubic meters per month. 5.13 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. 5.14 Al Customers shall be be permitted one fee water turn off for the purposes of closing cottages or businesses for the winter months. Customers shall be charged $50.00 in case of water turn off for non payment of account. 5.15 No person may use water from a fire hydrant, with the exception of the fire departments. 5.16 An application fee of $25.00 will be levied for registering new water service with the municipality. P 5.17 A water meter charge of $200.00 be levied for new meters installed. 5.18 No persons or Corporation other than those wor6ng on behalf of the Village of Port Burwell shall not alter or tamper turn on or off water supplies to residences or business. Those fund to be guilty of tampering with valves, hydrants or appurtenances of municipal water system shall be charges and fined in accordance to paragraph (5.13) of this by-law. 5.19 Any or all persons wishing to connect to the municipal water system shall pay for the direct cots to connect to the system for the equipment labour and material on the municipal property only plus a $200.00 administration fee. Costs to connect the service from the Road Allowance to building shall be the responsibility of the property owner. 5.2 Sewer Rates 5.21 All water users connected to the sanitary sewer system or which have reasonable access to the sanitsary sewers system in the residential categories described in Schedule "A" shall pay a sewage rate per cubic meter of water used or a minimum monthly rate in the amount of as described within Schedule "A" for the applicable dwelling unit or units serviced. 6.0 SECURITY DEPOSITS 6.1 The Administrator/Clerk-Treasurer may demand a deposit from new customers and those who show a poor payment record. 6.2 The deposit may be returned after two years at the discretion of the Adm inistrator/Cler6-Treasurer. 6.3 Interest will be paid on deposits meld more than six months. 'Ilis interest rate will be prime plus 1.0%©. Interest will be rendered once per year, in accordance to the Public Utilities Act. 6.4 Residential and Commercial Deposits will be required by all single users and held in trust for two years in consideration of credit and history with the municipality as N fol lows; 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 Ad m in is t ra t o r/Cl erk -Treasurer. 7.0 BILLING & PAYMENTS 7.1 All water meters shall be read on or about the dates as follows; Feburary 28, 1995 April 28, 1995 June 30, 1995 August 31, 1995 October 31, 1995 December 28, 1995 7.2 Billing shall be rendered every two months for the fiscal year of 1995 in accordance to the terms and rates within this bylaw due dates as follows; 1st Installment March 31, 1995 2nd Installment May 31, 1995 3rd Installment July 31, 1995 firth Installment September 29, 1995 5th Installment November 30, 1995 bth Installment January 31, 1996 7.3 Payments for water and savers services shall be due on each and every date as in accordance to Section 7.2 of this bylaw. 7.4 Customers who do not male payment for services shall be assessed at a one time 5.0%e penalty charge and shall become due and payable immediately. Fj 7.5 All users who teminate service before the elates when all meteres affected by this bylaw are to be read will charged on a prorated basis considering thier daily consumption pattern from the prior period billing to the date of the termination of the service. 8.0 COLLECTION PROCEDURES 8.1 The Administrator/Cler6-Treasurer shall be responsible for the collection of all accounts in accordance to the flow chart per Schedule "D" forming part of this bylaw. 8.2 If water services are to be terminated for non payment of account the customers shall at the discretion of Adi iinistrator/Clerk-Treasurer provide a minimum deposit of $132.00. u .W THIS by-law repeals and rescinds all other previous by-laws that administrate specifically the water and sewer system under the authority bf the municipality and which determine user rates. THIS by-law to came into effect on January 1, 1995 THIS by-law does not replace the Public Utilities Act R.S.O. 1990 P.52 Read a "t and second time this 9th day of May, 1995. Read a third time and finally passed t6s.9th day of May, 1995. 0 It 10 Schedule "A" Village of Port Burwell Summary of User Charges Water and Sewer System Water Charges per Dwelling Unit $/cubic Meter Water Charges per Dwelling UNt Mmimum Mthly Charge Sewage Charges per Dwelling Unit $/cubic Maier Sewage Charge■ per Dwelling Unit flat rate Single Family Dwelling Units $0.90 $9.00 $1.25 EM $21.00 .Apartments $0.90 $ 9.00 $1.25 $21.00 Mobile Nome Parks $0.90 $9.00 $1.25 $21.00 railer Parks $0.90 $4.50 $1.25 $10.50 Commericial Establishments $0.90 $9.00 $1.25 $21.00 Campgrounds $0.90 $2.25 $1.25 $5.25 Prepared by: D. Free 5f5f95 WATER$.XL5 The Corporation of the Village of Part Burwell Change Notice Credit Application Account Number: Municipal Address Previous Owner/Occupant/Tenant: - Mailing Address (6v J tea. vona.m. & ate) Change requested by: Category: Owner/Occupant/Tenant/Agent Effective Date: Mailing Address: (if diff�nt {,gym Mwvcip.l AAd,+w ,) Bank: Address: Social Insurance Number: I hereby consent to the terms and conditions of by-law 93-08 respecting the municipal services provided and will at all times provide accurate and timely information with regards to my account with the Corporation of the Tillage of Port Burwell. I hereby understand and consent to a credit check with the Better Business Bureau considering credit privlegdes extended by the municipality. Signature: Na.rne: Municipal Agent: Village of Port Burwell Water/Sewer Collection Process Schedule "D" _ Review of Water/Ubdis. $ Payment of Account upe.r Treasurer (aw Caen trearat Flaw CAI S th WorWV due date o 1i <P:4-�- :-A Payenant Mail Notice kl to Use Reminding of Arrears 7 day to Pay Acct Mtadi ng of Notice 82 to User \ Notific:Ron of Service Shut off within 6 days if applicable Landlord notified of pending third party demand (an Landlord Letter) Additional WAS Swviw Charges required by termd Only Third party demand place on Landlord it applicable (see Letter) Should property owner fail to pay account, arrears will be added on Tax Rol and Collected via a Distress Warrant under the authority of the Municipel Act RSO 19% Sections 384, 3415 and 400 to 405 inclusive Warrants to be Filed to Records Mgmt System Approximately 7 Days given before nent step- Deposit required equal to 4 months l minamum culling Approximately 5 Days given before service shut off. Service termination to occur between Monday A Thursday Bailiff Services C.ouncrl NoLr>cabon Collects User (latl Charge through Taxes (including fees) Returns all 3 to Treasurer Payment Note 1 Piracy age of Sit or iota✓ bdhng te+�ued charged on the hrsr day of ai"due date 2 Sac rreadu d Nobhcatane and kidders to tarrdwds to be used m ttws process S Serrrce Shut cR %" and ovw coma will be od"4 to the UW4y and suit be coeecMd by Treasurer n eccorance w+th Wn c" Act RSO 1900 ht 45 and the PubW tJbirbea Act RSO Chaps P 52 4 The Treasurer wi not accept peyrrwd by peer dated amque rn asawAabw with uehty arrears S The Treasurer shelf acoW cash, cerbhad cheque anduor nary order ordy e Third party dernand on Ow Landlord permdled under tM Tea Fro - ftrn d MmtorF w6aru oral P"wwy Act (Cornrnraewu - pism ' , 1 7 A M MR shin he wad in wvmaWw" wheys tM u4rity somwlt mum he place an tlr Mork roe for eoescLon The Treasurer wie use s Warr" to Drst are as a Ifs" sor"y and M rrstartces were payrt an not be secured by the processes wrthn !tit e. Tams army Very r Ve are eiacxrmon all each steps d osaacbuen hoard upon sdtadrWia of Oahe IW and Treasurer e. AM aooatatta oast u 00111% etyvaro*m term whm epptyrtp bar weeadsewsr eermWa or V AM eoedust baOMM deihquW The Village of Port Burwell PO Box10 a 21 Pitt Street Port Burwell ON NQJ 1TO 519 874 4343 PRESS RELEASE Special Council Meeting May 1, 1995 THE COUNCIL OF THE VILLAGE OF PORT BURWELL has after many hours of research, analysis and review have developed a new user charge system for the water and sewer systems for the municipality which will result in rate decreases (1994 compared to 1995) for users of the utility. T'he new system of billing is based on consumption for both sewers and water addressing various user complexities considering residential, seasonal and commercial users of the utility. The new billing system also addresses manditory connection for persons and businesses who have reasonable* cost effective access to the system. The rate system continues a strategy of system rehabilation while expanding the municipal service area. The rate structure is as follows; 1995 User Rates Single Family Dwelling Units, Commercial Customers, Apartments and Mobile Homes wd:tea SO 90 per culic meter or $4.(H) per rrtcmtL per dwelhrrg unit minimum 1A] 'Sewer $1 .25 per cubic meter of rater ured or $21.(H) per dwefiing unit per montk minimum Lill Trailer Par6 Water $0.90 per cubic meter with $4.50 per month per trailer minimum bill Sewer S1-25 per cubic meter of water used or $10.5 per month per trailer minimum bill Campgrounds Water $0.90 per cubic meter or $2.25 per month per site per month minimum hill Sewer $1.25 per cubic meter of water used or $5.25 per month per site minimum hall . 0 Sewage Charges applied only if there is a direct connection to the property servicing 1 or more camp sites Bylaw 95-13 is tentatively scheduled for introduction at the May 10, 1995 Regular Council meeting and immediate implementation for the second billing period of 1995. The changes in the user charge system is the result of community driven concern for a lair system of billing for full time and seasonal residents; large and low consumption customers and ratepayers and recreational users of the Port Burwell systems. In adjusting the municipal accounting systems a cost accounting approach to the budget process has been used resulting in rate reductions. 1994 rates Water $1.(X) per cubic meter or aMOO per month per dwelhng unit minimum bill Sewer $23.00 per Jwelling unit per n,,ntk flat hill David R. Free Adm i n is t ra tor/CaierL-Treasurer 0 rb ' THE CORPORATION OF THE `y ( VILLAGE OF PORT BURWELL P. O. Box 10, Port Burwell, Ontario NO) I TO telephone (519) 874-4343 • fax (519)874-4948 I IZMIR Date: March 13, 1995 To: Council From: D. Free Re: Water Sewer Bylaw 95-13 Council: The attached Water Sewer By-law is the assembly of many of hours of work and analysis with regard to the existing municipal public utility service infrastructure. The highlights include new classification of users which renders 'lair and equitable charges for all residents who have access to the municipality's environmental systems. The bylaw has been made more comprehensive facilitating administrative issues and responsibilities. I would draw to councils attention the flow chart for some of the issues are as follows; Reduction in Water Charges by 5% Increased and Equitable Charge for Trailer Parks Sewage Charges based upon water consumption and a flat rate system Charging the Port Burwell Provincial Parr on the basis of camp sites I would request that council review the attached at their earliest convenience for consideration in order that hills can he mailed. David Free Encle. David R. 'Free, CET, AMCT(A) + Adrrwiroistrator/Clerk-Treasurer rd Village of Port Burwell Water Sewer Budget 1995 AGE TREATMENT Cost 1,995 % of Total cost Cost 1994 tor Fnsurame $1,500.00 1.05% $3,000.00 2.10E Vi a Staff Salaries $22,480.00 15.72% - - onferencesA Training $1,000.00 0.70% Staff Support $5,000.00 3.50% - Building Costs Postage - � $3,000.00 2.10% $1,000.00 0.70% i]fiice Supplies $1,000:00 0.70% _ Phone Far nse $1,000.00 0.70% Equipment A Vehicle IFtepaks $1,000.00 0.70% Pumping Station H dfo $1,000.00 0.70% Computer Support 8 Software M+OE Precept Charges $1,000.00 0.70% $75,000.00 52.46% Repairs to System $3 000.00 _ 2.10% - STP Building Repairs b. Maintenance $1,000.00 0.70% App'n to Reserves STP $5,000.00 3.50% Ap 'n to Reserves Sewage System $5,000.00 3.50% Appropriation to Reserves Equipment $5 000.00 3.50% Engineering $5,000.00 3.50% Total Cost$144,945.92 WATER SUPPLY cost % of Total cost 1995 - Cost 1994 Auditor $1, 500.00 1.39% insurance $3,000.00 2.77% Utilities $2,000.00 1.85% _ B41ding Casts $3,000.00 2.77% Meters PurchaselRe meet $3,000.00 2.77% onferences & Train) $1,000.00 0.92% , Postage E 1,000.00 0.92% lice S $1,000.00 0.92% Ex $1,000.00 0.92% Vehicle ftpoirs $1,000.00 0.92% Village Stan Salaries $22,940.00 21,19% om er Support & Software $1,000.00 0.92% MY water ChW 024,800.00 22.91 % OE Pr2cW Charpm $17.000.00 15.71 % tal Projects/Debt nnenR 15,000.00 4.62%' $5,000.00 4.62% to Reserves IS stem) $5,000.00 4.62% to' Reserves E ui $5,000.00 4.62% to 'System $5 000.00 4.62% otal Cost 41 ,00 494 73.00 AssbV6 Rsv`w by D R F+ AAw6sW NwICUA-Tvwvaw 22A3 VAMKYM.xu 1208 s Village of Port Burwell Water Sewer Rates Calculations 1995 WAGE TREATMENT Customers @ Year End 1994 500 _ - 1994 Monthly Sew a Rates $38.65 Sew a Costs 1995 0137,975.00 Mk mum 1995 Monthly Ch $23.00 LwW Rats $23.00 Total Revenue • 138,000.00 Surplus/Deficit 025.00 WATER SUPPLY Projected Village Usage icm) 91,400 Customers as at Decembw 1993 560 olected Avg Mthly Usage (cmI 22.00 1994 Cart per cm - $1.00 1994 Minimum Chr $10.00 1995 Cast per cm 00.85 1995 Minimum Chrq 68.50 - Waters stem Cost 1995 $100,240.00 - Less: local rovement Levy $0.00 Total Water System Cost $108,240.00 Pr ed Consumption (cm) 91,4400 - Calculated Water Rate ($/cm) $1.18 — Lenfed Rats $ 1.20 Nft"wm a'ronth $12.00 Projected Revenue $109,88C:00 surpluLowicit i 1 440.00 Amgyde Aw mm by D. R. Fla niirw�aor+C7wt-Tw.wnr 12AKM 22AC Ws" ALA The Corporation of the Village of Port Burwefl PO Box 10 21 Pitt Street Port Burwell ON NO) 1TO BY --LAW 45-14 Being a by-law to provide for the management, control, regulation, maintenance and usage of all facilities, parklands and properties owned or leased by the Village of Port Burwell for Par6 and/or Recreation purposes; and a By-law to authorize the carrying on of a Community programme of Parke and Recreation within the meaning and regulations of the Ministry of Recreation, Culture and Tourism. WHEREAS the carrying on of an organized programme of Parks and Recreation activities and the provision of recreation services to provide recreational opportunities is conducive to the well-being of a community and to the advantage of its inhabitants, both collectively and individually, and; WHEREAS the Council of the Corporation of the Village of Port Burwell is authorized to carry on such a programme and to place the same in charge of a. Parks and Recreation Committee, and; WHEREAS the Council is empowered to manage, control, regulate and maintain the use of all facilities, parklands and properties within the parklands, and; WHEREAS it is deemed desirable the facilities, parklands and properties be maintained and controlled for the enjoyment and benefit of the citizens of the Village; NOW THEREFORE the Council of the Corporation of the Village of Port Burwell enacts as Wows: 1. In this By-law: a) "Council" means the elected Council of the Corporation of the Village of Port Burwell Council b) "Village" means the Corporation of the Village of Port Burwell c) "Chairman" means the Chairman of the Parka and Recreation Committee as appointed by the Chairman Committee. d) "Vice Chairman" mean: the Vice Chairman of Vice Chairman the Parks anti Recreation Committee as appointed by the Committee. s` • c) "Department" means the Parks, Recreation, Culture & Tourism Department. of the Village of Port Burwell . f) "Director" means Director of the Par6s, Recreation, Culture & Tourism Department. 2. There is hereby authorized and established for the municipality a community programme of Parles, Recreation, Culture and Tourism which includes cultural, physical, multicultural and social activities within the meaning of the regulations set out tender the Ministry Recreation Culture and Tourism and the same shall be carried on for the well-being of the community and for the use, benefits and advantage of the inhabitants. 3. The community programme of Parles and Recreation shall be conducted by a ParLs, Recreation, Culture & Tourism Director who shall be advised and directed by the ParLs and Recreation Committee, hereby referred to as "the Committee". The said Committee shall assist the Dirt-dor in formulating direction and policies for and relating to the administration of community programmes, facilities and pardrland. The Committee shall also oversee the Directors fulfilment of his job responsibilities, as outlined in Schedule "A" a) The Committee shall be composed of 8 persona, residents of the municipality and representative of those centres of activity in the community whose thought and assistance will give heed to the benefits to be obtained by the Committee. One (1) member of the (,committee shall be an elected members of the Council. b) The Reeve shall he ex-officio as a member of the Committee. 5. The Committee shall be appointers by, and the terms of office of its members shall be established by the Coune d. The members of the Committee who are not members of a Municipal Council shall hold office for three (3) years, provided that on the first appointment the Council, from among such members shad designate members who shall hold office; a) until the 1st day of Januaryof the year following the date of appointment; b) until the lot day of January or the second year following the date of appointment; c) until the 1st day of January of the third year following the date of appointment respectively, so that as nearly as possible, one-third of such members shall retire each year; and the members of the Committee who are members of Council shall he appointed for three (3) year terms. 6, Conducting in the Municipality the community programme of recreational activities within the meaning of the regulations of the Ministry Recreation, Culture and Tourism and without limiting the generality of the foregoing, the Committee shall: a) Elect a chairman and vice chairman annually from among its members, and other such officers as may be required.. b) Enact by-laws for its own government and maize rules and, regulations for the proper conduct of its programmes. All by-laws, rules and regulations of the Committee shall be subject to the approval of Municipal Council. c) Hold regular monthly meetings at designated locations accessible and open to the public. d) At any meetings of the Committee, have a quorum which shall consist of a minimum of five members. e) Have an agenda and material for review sent to each member three (3) days prior to monthly meetings and also a departmental financial statement when available for the Committee's perusal. f) Pass formal sets of minutes and resolutions that shall be brought before Council to become officially approved. Copies of these minutes shall be available to the public. g) Submit to Council, through the Recreation Director, an annual report of its activities and such other reports as may be required from time to time. h) Recommend to Council for any hiring or discharge of a Director whose duties shall be established by the Council in consultation with the Committee. i) Through the Committee Chairman, advise the Director on personnel who are not fulfilling job responsibilities. �) In assistance with the Director, develop a yearly budget and maintain control of it through the review of financial statements at monthly meetings. The budget shall be brought before Council by the Director for discussion and approval. k) Be authorized to work jointly with other municipal services in establishing, operating, and maintaining a supervised public recreation system of facilities and activities. 1) When advisable, appoint area recreation committees and the Committee shall provide such services as it deems necessary to assist these area committees in carrying on their activities. in) Appoint as it deems necessary, such adhoc committees to act in an advisory capacity to the Committee, i.e. Leisure Council. ri) Be expected to maintain an efficient relationship with the Director to promote maximum recreation, culture and tourism opportunities while establishing good business practices and sound financial management. n) Act as a lobby group when necessary to promote various new programmes that it feels are an improvement and important to the community's recreational opportunities. p) Encourage comments, attitudes, and concerns from the general populace to be brought up for discussion within Committee meeting formats. q) Solicit and/or receive gifts or bequests of money or any donations to be applied in furtherance of the community programme of recreation hereby established. r) Prescribe fees for participation in, or admittance to, any part of the community programme of recreation. s) Incur expenditures to the extent provided in the annual approved budget or as approved by Council in accordance purchasing policies of the Village. t) Undertake all such other lawful things as are incidental or conducive to the achievement of its objectives. 7. No debt or obligation shall be incurred by the said Committee unless duly authorized by resolution of the Council. 8. In carrying out the provisions of t6 By-law, the Committee shall at all times be the agent for the Village of Port Burwell and while actin; bona fide within the limits of the authority of this Fay -law, neither the Committee nor any member thereof shall incur any liability by reason of anything done or left undone by the Committee; provided however, that nothing in this paragraph contained shall authorize or empower the Committee to incur any debt, liability or obligation for which the Village of Port Burwell shall become liable without having previously obtained the consent of the Council of the Village of Port Burwell.. 9. It shall be the duty and responsibility of the Chairman's or, in his absence, Vice Chairman, to: 9.1 Advise the Director in regards to controls, regulations, maintenance, development, and usage of all facilities, par6lands and properties; and the employment and performance of departmental personnel. 9.2 As required, recommend to the Director any revisions, additions, or amendments to the by-law for improvement to the management, control, regulations, maintenance and usage of facilities, parklands and properties. 9.3 Be responsible for the duties as stated in this by-law for the following parklands; Centennial Park, Memorial Park, Lust Beach Park, Market Square Park, Big Otter Creep Park and additional parks as designated by Council shall be contained in Schedule "B" attached hereto. 9.4 Assign sub -committee responsibilities on a yearly basis. 9.4 Liaison with the Horticultural Society, the Museum Committee and the Business & Tourist Association. 9.5 In consultation with the Director, recommend the suspension of a Committee member for excessive absenteeism. The Chairman with the majority support of the Committee shall advise Council re: absent members, and where necessary, recommend to Council that appointments to the Committee be terminated due to members" attendance. 10. The amount of payment for Committee members shall he established by Council and based on monthly meetings and/or subcommittee meetings. Members absent from all Committee activities for a period of two consecutive months shall forfeit all payments for said period. Members absent from more than three meetings during the yearly term shall forfeit payments for all additional missed meetings. 11. The Committee Vice Chairman shall tape on all Vice Chairman responsibilities in the absence of Chairman Duties the Chairman. 12. 12.1 "Parklands means any and all lands owned by Parklands or made available by lease, agreement or otherwise to the Village that has been or hereafter may he set apart, designated, dedicated or established by Council as public parkland and as further designated on Schedule "A" attached hereto: 12.2 "Properties" means any and all buildings, structures, equipment, trees, shrubs, horticultural display, henches, walkways, tennis courts, arenas, rinks, docles, launching ramps, pools, waste disposal containers, playground apparatus, shelters, washrooms, fencing, lighting, parking areas or other such properties that may be placed or erected on Village of Port Burwell parklands; 12.3 "Posted Area" means any area that is poster{ by sign, notice or other device for a specific Area purpose or to restrict certain activities in or on Village parklands under the authority of this by-law. 12A "Parking Area" means an area that is physically laid out anchor improved for the purpose of Area parking vehicles or that is designated by an official sign for such purpose in or on a Village parkland. 12.5 "Roadway" means an area that is physically laid out and/or improved for use by vehicular traffic except where posted as a service roar/ Properties for Village vehicles only. 12.6 i) "Vehicle" means any motor velucle as defined Motor in Section 1(1)35of the 14ighwayTraffic Act, RSO 1990. i) "Motor Vehicle" means any motor vehicle as defined in Section 1 (1) 17 of the 14ighway Traffic Act. iii) "Motorized Snow Vehicle" means any Motorized snow vehicle as definer/ in the Motorized Snow Vehicle Vehicles Act, Section 1(f). 12.6 "Walkway" :neaps an area that is physically Walkway laid out and/or improved for use in or on Village par6land by pedestrians, and non - motorized manually propelled vehicles, providing that pedestrians shall at all times be given the right of way. 13. 1t shall be an offence for any person or persons to do any of the acts hereinafter specified within the limits of Village Parklands and properties: a) To damage, destroy, injure, deface, tear up, Damage to burn, dig, or mark any portion of parkland Parks and Properties or any properties erected, installed or contained on parklands. b) To clump, deposit or leave any refuse, garbage, Garbage waste, paper, soil, ", plants or any other or Debris type of domestic or industrial waste on or in Parklands or properties contained therein except in receptacles that may be provided for such purpose. To pollute or contribute to the pollution of water in any rivers, lakes, streams, watercourses, reservoirs, ponds, swimming or wading pools or other receptacles for water by allowing pets to enter or by throwing or depositing any solid or liquid matter into said waters. d} To bill, maim or in any way molest or disturb any animal, bird or water fowl that is enclosed to Animals or whose habitat is in Village Parkland.. e} To lead, carry or otherwise take any animal upon Animals or into Village Parkland other than designated in Par6land areas, with the exception of household pets, who must be kept under control, provided that dogs must be on a leash or chain not more than six feet long. When leading a dog by a leash or chain as required, to not clean up and remove the dog's droppings. To allow dogs either attended or unattended to foul any public parrs, squares or ground. f) To conduct or participate in sports or other active endeavour in areas that are designed specifically as horticultural and landscaped sites, passive and sitting areas and facilities for young children. g} To enter a "posted area" that is designated if "no admittance" or "no trespassing". h} To contravene any posted rules and regulations relating to the operation of arenas & regulations swirming pools, recreation centres or other Municipal properties. i} To conduct oneself in a manner that is detrimental to the safety and enjoyment of others using Parklands and properties. To use any part of Village parkland for the purpose of : i} washing, cleaning, polishing, servicing, maintaining or, with the exception of any emergency, repairing any vehicle, motorized vehicle or motorized snow vehicle. ii} instructing, teaching or coaching any person in the driving or operation of a vehicle, motorized vehicle or motorized snow vehicle. 6) To conduct or participate in group or indiviJuaf sports or activities such as golf, archery, skeet shooting, fishing, lawn darts, boomerang throwing or any activity deemed by the Committee to he dangerous to the public safety in any area of any parjz except those areas physically laid out, designated and/or improved for such use, To breach, while on or in Village parkland or Contravention properties any existing municipal by-law or of Federal & Provincial laws federal or provincial statute. 14. It shall be an offence for any person or persons to do any of the acts hereinafter specified in this section within Village parklands and properties without receiving prior written permission from the Recreation Director. The Recreation Director, Chairman or his designate, Committee is hereby authorized by Council to accept applications for and Authority Conduct issue any permits or written permission from the Council. a) To remove from parklands or properties any wood, turf, grass and other vegetation, sail, rocks, sand, gravel, dew worms or any form of equipment. b) To lead or bring animals of any nature into a Village facility or property, except as provided in 13(e) of this by-law. c) To conduct public meetings, gatherings, speeches, lectures, carnivals, festivals, fireworks displays, overnight camping, large picnics, organized sporting events or other Animals on Properties such events which involve a large number of people. d) To operate or use any apparatus, mechanism device for the amplification of the human voice, music or other sound. e) To cause or create any unnecessary noise or disturbance that contravenes any Noise By-law of the Village of Port Burwell in Village parkland or properties any time between the hours of 11:00 p.m. and 8:00 a.m. f) To turn on or tamper with any lighting control boxes for facilities or any equipment relative to parkland properties unless otherwise authorized. g) To distribute any handbills to post, place or erect any hills, notices, advertising +device or matter of any kind or parklands or properties. h) To sell., offer or expose for sale for immediate or future delivery any, i) food, drink or refreshment; ii) goods, ware or merchandise; iii) art, skill, service or work. i) To build or use a fire for any purpose without Fires receiving prior written permission from the Fire Department, the Director or the Clerk. it shall also be an offence if any person or persons do not completely extinguish said fire When not in attendance. j) To carry or discharge any firearms, fire crackers, rockets, arrow, air guns, k) i) To drive or operate: Any vehicle, motorized vehicle or Vehicular motorized snow vehicle within a Village park Traffic or in or on any Village parkland or properties unless the said vehicle, motorized vehicle or motorized snow vehicle is licensed for use on public highways in Ontario or unless the vehicle, motorized vehicle or motorized snow vehicle is operated in an area specifically designated for use by that type of vehicle, motorized vehicle or motorized snow vehicle. 2. Any vehicle, motorized vehicle or motorized snow velucle on public parkland roadways and parking areas operating in excess of 25 kilometres per hour or so as to interfere with or endanger any person in said parklands. 3. Any vehicle, motorized vehicle or motorized snow vehicle within a Village park or in or on in any Village parkland or properties except upon roadways, parking areas and other areas intended for public use. ii To drive or operate vehicles such as snowmobiles, mini bikes oranyother Recreational Vehicles motorized recreational vehicles upon any parklands with the exception of areas that are posted and designated for such purposes. iii) To park or leave standing: 1. Any vehicle, motorized vehicle or Parking motorized snow velucle on parkland property other than on areas posted or designated for parking; i 2. Any vehicle, motorized vehicle or motorized snow vehicle in front of a public building, emergency exits, way entrances or in any way that will obstruct the normal flow of traffic on a public parts roadway or parking lot. 3. Any vehicle, motorized vehicle or Parking motorized snow vehicle for more than the Limit time specified on an official sign and in any event not for a longer period than three (3) hours between the hours of 12:01 o'clock a.m. and 8:00 clock a.m. of the same day. 4. Any vehicle, motorized vehicle or motorized snow vehicle discovered in contravention of this subsection shall be towed away and stored at the owner's expense. l) To cam or use a hockey stick or similar equipment on a natural or artificial ice rinlz designated for pleasure skating only. m) To erect barbecues in parklands. 15. The Council and organizations operating under its auspices may apply for and may be granted an annual permit which shall be deemed to cover all of its activities and programmes that may be undertaken in and on parklands and properties and shall be deemed to be written permission under this by-law for its activities where required by the by-law. 16. Every person who contravenes any of the provisions Penalty of this by-law is guilty of an offence and is liable, on summary conviction, to a penalty not exceeding One Thousand Dollars 41,000.00) exclusive of costs for each such offence. 17. All parkland by-laws, parts of by-laws or amendments passed by the Council of the Village of Port Burwell which are inconsistent with the provisions of this by-law are hereby repealed. This bylaw comes into force and effect on the date it receives final approval. Read a first and second time this 11th day of April, 1995. nistrator/Clerlx-Treasurer Read a third and final�ime this 28th day of April, 1995. istrat or/Clerk-Treasurer pe!�Wr4 THE CORPORATION OF THE _ J VILLAGE OF PORT BURWELL K O. Box 10. Port Burwell, Ontario NO) I TO telephone (519) 874-4343 - fax (519) 874-4948 Memo To: Council From: D. Free Re: Recreation Board By -Law Date: March 21, 1995 I have again been caught "red-handed" and embarrassed by extending faith in anything prior to 1993. This more specifically relates to the Recreation Board By-law. It is my understanding that the Recreation Board perceives that. By -Law 86-11 applies however, upon greater research, By -Law 87- 02 is the By -Law which governs the operations of the Port Burwell Recreation Board. Both of these by-laws axe attached for your perusal. As you can see, the mandate of the Recreation Board is extremely limited and vague and to this end may be the down -fall to the operation of the Board when it comes to the review of the Nevada Licensing criteria. As previously indicated, the auditors, Redfern More have requested that a definite ruling be provided by Consumer and Commercial Relations in this matter. The lac6 of data and detail and the misperception of the authority of the Board within the municipality, it seems that we can in all probability expect the worst with regards to the Nevada licensing issue. I would therefore strongly recommend that the expeditious passing of the Recreation Committee By - Law be given and at the same time the Museum Committee By -Law he completed along with the ancillary data which includes constitutions accordingly for the formation of the Port Burwell Recreation Society which I have also attached. I request that the municipality and Councillors move swiftly in order that we may maintain our licence in order to fund the Centensxial Parr and the Market Square projects, otherwise these will be lost to the ravages of poor administrations and decision ma1mg of previous years. Time is of the es rice. r" tee Encls. David R. Free, CET, AMCT(A) - Admin stratorlCleck-Treasurer THE MUNICIPALITY OF VILLAGE OF PORT BURWELL 45 Meeting................................................ 19..3 Moved By _, .. �_-------•_.__.___ _..� ° =ded By --- ---------•.-...... i� and that Bylaw presented herewith be read a first time. By-law rend a ._-r ."� .. --------- time Moved By Moved By That leave be granted to introduce By-law to 87-Z That By-law now read a first time be read a sem ad time forthwith. That Bylaw now read a second time be read a third time forthwith. That By-law now read a third time do pass, be engrossed by the Clark, and signed and sealed by this hleeve. THE CORPORATION OF it THE VILLAGE OF PORT BURWELL BY-LAW N 8 7 - 2— A by-law to authorize the carrying on of a program of recreation within the meaning of the Regulations under the Ministry of Culture and Recreation Act, 1975, to provide for operation, maintenance and mangement of parks and to provide for the establishment, operation, and maintenance of community Centres pursuant to the Community Centres Act and Regulations made there -under. CHE VILLAGE OF PORT BURWELL ENACTS AS FOLLOWS: ;1) Pursuant to Regulations made under the Ministry of Culture and Recreation Act, 1975, a program of recreation is hereby established for the residents of the Municipality. (2) The said board shall consist of not less than (7) members appointed from time to time by by-law of Council and for a term stated therein,. (2) two of whom shall be members of the Municipal Council. The term of the board shall run up until the 31st day of December, 1987. 3) The members shall be <Z_� '�� e_ vV 6:10'id L 11�(_Cs l ! 1 C_21 '- �, :4) This by-law repeals and supercedes all other by-laws which contravene the above provisions. READ A FIRST, SECOND AND THIRD TIME, FINALLY PASSED AND CARRIED THIS 44" DAY OF dANWARY, 1987. Feb Ron Bradfie Reeve Elwood Varty Clerk -Treasurer THE CORPORATION OF THE VILLAGE OF PORT BURWELL BY-LAW NO. 86-11 BEING a by-law to establish an operating account for the Port Burwell Recreation 1 Board. WHEREAS by-law number 86-9 establishes a Recreation Board for Port Burwell the Treasurer is authorized to establish an operating account at the Canadian Imperial Bank of Commerce in { Port Burwell with the following conditions; 1. All cheques are to be signed by the Treasurer of the Corporation of the Village of Port Burwell and a second person appointed by the Recreation Board. 2. All funds of this account are to be kept separate from all other Village funds. 3. The treasurer is authorized from time to time if surpluses are present in this account to purchase short term guarenteed investment Certificate from the Bank of Commerce and to deposit the earned interest into this account for the benefit of the Port Burwell Recreation Board. READ A FIRST TIME �4 �? -3 / READ A SECOND TIME S 23) 19JP4 READ A THIRD TIME AND FINALLY PASSED AND CARRIED THIS a3 C w( X Reeve Ron Bradfield Village of Port Burwell `wood Varty Y THE CORPORATION OF THE VILLAGE OF PORT BURWELL BY-LAW NO. %w "? A by-law to authorize the carrying on of a program of Recreation within the meaning of the Regulations under the Ministry of Culture and Recreation Act, 1975, to provide for the establishment, operation and maintenance of Community Centres pursuant to the Community Centres Act, and the Regulations made there- under. WHEREAS pursuant to the Ministry of Culture and Recreation Act, 1975, the Municipal Act and the Community Centres Act the Council is authorized to pass by-laws to provide for the establishment, operation and maintenance of Community Centres; AND WHEREAS council deems it expedient to s❑ provide. NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE VILLAGE OF PORT BURWELL ENACTS AS FOLLOWS; 1. a) Pursuant to Regulations made under the Ministry of Culture and Recreation Act, 1975, a Program of Recreation is hereby established for the residents of the Municipality. b) Pursuant to the Community Centres Act and the regulations made thereunder, a Community Centre (or Centres) is hereby established for the residents of the Municipality. c) The said Program of R•_creation and the said Community Centre (or Centres) shall be directed, managed, and controlled on behalf of the Council of the Corporation by a Board know as the Port Burwell Recreation Board, herein referred to as the "Board". 2. The said Boa41d shall consist of not less than 7 members appointed from time to time by council and for a term stated therein, and the appointments shall be consistent with the Community Centre Act. 3. Subje.ct to the approval of Council the said Board shall formulate Policies, rules and regulations for and relating to the Administration Of Community Programs of Recreation. a) the said Board shall conduct and apervise organized public recreation activities and is authorized to provide and establish, operate, conduct, and maintain a supervised recreation system and to operate, improve and maintain property both real and ,liersonal for playgrounds, recreation centres and other recreational facilities and activities. 4. The said Board shall operate, maintain, manage and develop on behalf of the said Corporation all recreational centres, playgrounds and other real property of a like nature vested in or leased by the Corporation and used or designed for recreational purposes and shall be in charge of, manage and make available for recreational purposes all psrsonal property belonging to the M -2- said Corporation and used or designed for recreational purposes. 5. The said Board shall hold regular monthly meetings. At any meeting of the said Board a quorum shall consist of a minimum of five members, one of which must be a member of Council. 7. The said Board shall elect a Chairman annually from amoung its members and such other officers as may be required. 8. The said Board shall submit to Council an annual report of its activities and such other reports as may be required from time to time. 9. When advisable, the said Board may appoint committees and authorize such committees to establish and operate area community programs of recreation, and the Board shall provide such services as it deems necessary to assist these committees in carrying on their activities. 10. The said Committee shall be composed of any number of members that. the Board may from time to time determine and may be dissolved at any time by the said Board. 11. On or before the first day of February in each year the said Board shall submit and interpret to Council of the said Corporation a detailed estimate of its budget requirements for the then current year. All books and accounts of the said Board shall be kept by the Treasurer of the Corporation and a treasurer appointed by the Board. 12. No debt or obligation shall be incurred by the said Board and no payments shall be made by or on behalf of the said Board unless duly authorized by Resolution of Council. 13. The said Board may incur expenses to the extent provided in the annual report and bj&jgt approved by the Council of the Corporation all of which expenditures shall be submitted to Council for approval and payment thereby.. L4. The said. Board may prescribe fees for participating in or admittance to any part of the community program of recreation or facilities used. 15. The said Board may solicit or receive gifts or bequests of money and services on behalf of the Village, to be applied in furtherance of the community program of recreation. -3- 16. The said Board may recommend to the Municipal Council the appointment of a properly trained and qualified Municipal Recreation Director shall be responsible to Council of the Corporation of the Village of Fort Burwell throught the said Board. 17. The duties and responsibilities of the Director shall be set forth from time to time by the Council of the Corporation. 18. In carrying out the provisions of this by-law, the said Board shall at all times be the agent of the Municipal Corporation and while acting bona fide within the limits of the authority of this by-law, neither the Board nor any member thereof shall incur any liability by the reason of anything done or left undone by the Board; provided however, that nothing in this paragraph contained shall authorize or empower the board to incur any debt, liability or obligation for which the Municipal Corporation shall become liable without having previously obtained the consent of the Council of the Corporation. 19, This by-law to come into effect on Wednesday, June 25, 19986 at 10:00 A.M. and repeals and resinds all previous by-laws dealing with establishing a recreation committee or Board. THIS By-law shall come into full force and effect upon the final passing thereof. READ A FIRST TIME , " -3//e READ A SECOND TIME ,1 �� j/ READ A THIRD TIME AND FINALLY PASSED THIS Reeve Ron Bradfield village of Port Burwe C1Arki Elwood .9 3 DAY OF a 816 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 Memo Date: March 13, 1995 To: Council From: D. Free Re: Bylaw 95-14 Council: As part of the Municipal restructuring the attached Recreation Committee Bylaw 95-14 was developed and presented to the Recreation Board in February 1995 for review and comment. To date I have not received any comments regarding any of the details therein. I would request that council review the contents along with previous memos, organization charts etc. in order to consider the effects of the bylaw and to provide further direction to the Recreation Board. Needless to say the Museum Board Bylaw 95-15 is hot on the heels of the release of this bylaw and I would suggest that the passing of both bylaws occur simultaneously. As a matter of further interest the municipality has had to bridge finance the operations of the Recreation Board to any amount of $1,000.00. Notwithstanding the Museum Board has also recently depleted their operating account and there are currently a number of fixed costs to pay (utilities). The new municipal structure removes "financial gyrations" required to provide operating support both entities (excluding the baseball activities). Please review the attached at your earliest convenience providing your comments and further direction in the matter. a ree Encls. David R. Free, CET, AMCT(A) + Administrator/Clerk-Treasurer The Corporation of the Village of Port Burwell PO Box 10 21 Pitt Street Port Burwell ON NOJ 1TO BY-LAW 95-15 Being a by-law to amend Bylaw 93-08 a bylaw to permit the lease of certain lands from 345990 Ontario Limited, to permit for amendments to certain terms and conditions, and to authorize the Reeve and the Administrator/Clerk-Treasurer to sign an "Amending Letter" as an article of agreement to the Lease. WHEREAS the Municipal Act, RSO 1990, c. M. 45 s. 207 as amended grants the authority to Municipal Councils to pass bylaws, and; AND WHEREAS the Council of the Village of Port Burwell passed bylaw 93-08 authorizing the lease of lands along the east and west hanks of the Offer Creek as described within the bylaw in accordance to the schedules formed as part of the bylaw, and; AND WHEREAS the Council of the Village of Port Burwell deems it necessary to amend the terms of the lease with 345990 Ontario Limited to permit for certain terms and conditions stated in the letter dated March 9, 1995 from Jack Spence of 345990 Ontario Limited. The Council of the Village of Port Burwell hereby consents to amend Clause 3 of Schedule "A!'of bylaws 93-08 in accordance to the Amending Letter of mutual consent forming schedule ""A!' to this bylaw from 345990 Ontario Limited and directs the Reeve and the Administrator/Clerk-Treasurer to signing the said letter. Page 1/2 Read a hrst ax6econd time this 14th day o4 Mare, 1995. Keev/ rator/Clerk-Treasurer ,�L Read a third and final tit* this Ad ratorlClerlr-Treasurer day of March, 1995. Rage 2,12 THE CORPORATION OF THE VILLAGE ©F PoRT BURWELL P. O. Box 10, Port Burwell, Ontario NO) I TO telephone (519) 874-4343 • fax (S 19) 874-4948 March 15, 1995 345990 Ontario Limited 2 St. Clair Ave, Suite 1000 Toronto ON M4V 1 L5 Attention: Mr. Jack Spence Dear Mr. Spence Re: Your letter mated March 9, 1995 As per your request in the above stated letter please find enclosed the signed letter as well as a certified copy of our By -Law 95-15. 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 vi ree, CET, AML�'(A) Ad 'strator/Clerlr-Treasurer E nc6. David R. Free, CET. AMCT(A) • Administrator/Clerk-Treasurer 345990 ONTARIO LJhGTED March 9, 1995 By fax to 519) 874-4343 Wowed by mail Ile Corporation of the Village of Port Burwell P.O. Box 10 Port Burwell, Ontario NOJ 1TO Attention: Mr. David R. Free, CET, AMC.'T(A) ,Clerk Treasurer Dear David: II T 1 St. Clair Avenue Wat Suite 1000 Tarr W06 Canada M4V ILS tei. (416) 967-6706 jam (416) 967 9483 Clause 3 of Schedule A of our Lease dated the 1st day of June, 1993 on the above property is a provision whereby the Lease may be terminated on thirty days written notice by either party. As we discussed at our meeting of March 8th, 1995, this letter is to confirm that we, the Lessor, will not exercise this right at any time during the calendar year 1995. As this is a mutual cancellation clause, we would ask that you also accept the same terms by signing and returning a copy of this letter. Yours truly, 345990 ONTARIO LIMl'TED Jack Spence Vice President Construction and Leasing J BSlcs The Corporation of the Village of Port Burwell also agrees that it will not exercise its cancellation provisions during the calendar year 1995. Agreeed and accepted For the ration thy V" ge of Port Burwell Date: per: per: Vila' age of Port Burwell Post Office Box # 10 21 Pitt Street Port Burwell ON NOf 1T0 BY-LAW 95-16 A by -Law for Prohibiting and Regulating the Erection of Signs and Other Advertising Devices WHEREAS Section 210, paragraphs 145, 146, 147, 148, 148 of The Municipal Act, Chapter M-45, R.S.O., 1990, as amended, provides that the Council of a Municipality may pass by-laws for the prohibiting or regulating the erection of signs and other advertising devices and the posting of notices on building or vacant lots within any defined area or on land abutting on any defined highway or part of a Highway; AND WHEREAS The Municipal Act provides that where a Council has authority to direct or require by by-law, or otherwise, that any matter or thing be done, the Council may, by the same or by another by-law, direct that, if in default of its being done by the person directed or required to do it, such matter or thing shall be done at his expense, and the Corporation may recover the expense incurred in doing it, by action or the same may be recovered in like manner as municipal taxes. AND WHEREAS the Council of the Corporation of the Village of Port Burwell deems it necessary to pass a by-law to regulate the use of signs and advertising devices in the Village of Port Burwell with a view to ensuring the safety of the public in respect to the erection and maintenance of such signs; Now therefore the council of the Corporation of the Village of Port Burwell enacts as follows: 1.0 Title and scope 1.1 Short Title 1.1.1 This By-law maybe cited as the "Sign By-law". 1.2 Scope 1.2.1 The provisions of this by-law shall regulate the erection, location, construction, alteration, repair and maintenance of all outdoor signs and other advertising devices on land abutting any highway or part of it highway within the limits of 1 the Corporation of the Municipality of Village of Port Burwell. 2.0 Definitions The following definitions shall apply for the purposes of this By-law unless the context otherwise provides: 2.1 Area of a Sign - means the number of square metres on the surface of the sign including the border and frame. The area of a multiple faced sign shall be 50% of the sum of the area of all the faces. 2.2 Awning - Mean a temporary shelter or roof -like projection consisting entirely of non -rigid materials such as cloth of canvas, except for supporting framework. An awning must be retractable. 2.3 Abandoned Sign - Means a sign which no longer correctly directs or advertises a bona -fide business, lessor, owner, product or activity conducted, or product produced on the premise upon winch the sign is displayed. 2.4 Advertising Device - Mean any fancifully and professionally designed device, commercially produced object or any means of identification visible from any public street creating a design and intended to be erected or located or affixed on any land, building or structures which directs attention to any land, building or structure and includes flags, banners, pennants, lights or any object intended for advertising purposes. For the purposes of this by-law, an advertising device shall mean a sign. 2.5 Alteration - Means any change to a sign structure or sign face including the addition, deletion or re -arrangement of parts, excepting the changing of the message displayed by the sign, or the replacement of identical parts for maintenance purposes. 2.6 Awning Sign - Mean a non -illuminating identification sign painted to or affixed flat to the surface of an awning which does not extend vertically or horizontally beyond the limits of such awning. 2.7 Banner Sign - means a sign produced on cloth, paper, fabric or other combustible material of any bind with or without frames. 2.8 14 Billboard Sign - means a sign erected for the purpose of displaying advertising 2 posters which are renewed from time to time. 2.9 Building - means any structure or edifice use or intended to be used for the storage goods, chattels or people. 2.10 Building Face - means the external wall of a building elevation in one plane or elevation. 2.11 Business sign - means a sign erected and maintained by a person, firm, corporation, business, commercial service or industrial enterprise upon which space is displayed the name of the business and/or a description of the product or service made, produced, assembled, sold or stored in the premises upon which the sign is erected.. 2.12 Chief Building official - means the person so appointed by Council pursuant to the provisions of the Building Code Act. 2.13 Construction sign - means a sign identifying a proposed development or a construction project where work is in progress. 2.14 Council - means Council of the Corporation of the Village of Port Burwell 2.15 Curb - means the edge of the travelled portion of the lughway. 2.16 Display Surface - means the surface made available by the structure, either for direct mounting of letters and decorations or for the mounting of facing material intended to carry the entire advertising message. 2.17 Election Sign - means a sign indicating support of a candidate or a recognized political party in a municipal, regional, provincial or federal election. 2.18 Electronic Sign - means an illuminated, remotely controlled changeable display sign excluding signs which only display time and/or temperature. 2.19 Erect - means anything done in the installation, placement, maintenance, repair or alteration of any sign. 2.20 Erector - means anyone who does anything or permits anything to be done or causes anything to be done in the erection, maintenance, repair, installation or placement of any sign. 3 2.21 Face - means the surface of the sign upon, against or through which the message of the sign is exhibited. 2.22 Flashing Sign - means a luminous or illuminated sign, fixed or rotating upon which the source of artificial light is not stationary or the intensity or colour is not constant, but does not include signs indicating time and/or temperature nor does it include electronic signs. 2.23 Frontage - means the width of a lot between the side lot lines measured at the street line. Where more than one property line abuts the street line each property line shall he considered separately for the purposes of determining_ frontage. 2.24 Grade --means when used in reference to a sign the average elevation of the finished surface of the ground where it meets the supports of the sign or the building upon which it is erected, exclusive of any artificial embankment. 2.25 Ground Sign - means a sign 3 metres or less in height directly supported from the ground without the aid of any other hudding or structures other than the sign structure. 2.2+6 Height of Sign - means the actual distance from the grade to the highest point of the sign. 2.27 Highway - includes a common and public highway, street, avenue, roadway, road allowance, lane, driveway, parkway square, place, bridge, subway, viaduct, trestle or by-pass designed or intended for the use of the general public for the passage of vehicles and pedestrians. 2.28 Home Occupation - means a use as defined pursuant to the terms of the Zoning By-law, as amended, by the Municipality. 2.29 Home Industry - means a use as defined pursuant to the terms of the Zoning By-law, as amended, by the Municipality. 2.30 Illuminating Device - means any device employing artificial lighting intended to draw attention to a sign whether designed to function internally or externally in reference to a sign. 2.31 Institutional Sign - means any sign pertaining to government departments and agencies, hospitals, churches, schools, service clubs and similar 4 organizations. 2.32 Lot - means any parcel of land, held in separate and distinct ownership from adjoining parcels of land, whether such parcel is described in a registered deed, or shown as a lot or block on a registered plan of subdivision on which a sign is located or intended to be located. 2.33 Multiple Faced Sign means a sign having two or more faces. 2.34 Over -Hanging Signs - Means a sign which projects from a wall of a premise and which is either single or double faced, with the sign face or faces approximately perpendicular to the plane of such wall. 2.35 Owner - includes: (a) owner of a sign (b) owner of the real property on which the sign is located, or, (c) the person, for the time being, managing or receiving the rent of (i) the sign, or (ii) the real property on which the sign is located. 2.36 Person - means and includes a real or corporate person. 2.37 Point of Sale Sign - means a sign erected and maintained upon which there is displayed advertising copy, describing products or services or services which are made, produced, assembled, sold, stored or available from the lot upon which the sign is erected. 2.38 Pole Sign - means a sign greater than 3 metres in height directly supported from the ground without the aid of any other building or structure other than the sign structure. 2.39 Portable Ground Sign - means a type of ground sign situated on the ground but not permanently affixed thereto and without restricting the generality of the foregoing, be deemed to include signs that may be moved from place to Place. 2.40 Produce Sign - means a sign not exceeding 2.25 square metres in area and advertising seasonal locally grown produce for sale. 2.41 Projecting Sign means a type of sign so constructed and so erected as to be attached at one end to a building and projecting outwardly there from. 2.42 Property Line - means any boundary that divides a lot from another lot or road allowance or highway. 2.4.3 Real Estate Sign - means a sign that advertises property or premises for sale, lease or Tent. 2.44 Residential Property means property zoned "Residential" in accordance with the relevant Zoning By-law for the Municipality. 2.45 Road Allowance - means that portion of land allowed for road or highways established by any statute, act, by-law or plan. 2.46 Roof Sign - means a sign which is erected, constructed or supported on or above a roof of a building. 2.47 'Rural' Zane - means property zoned 'Rural' pursuant to the relevant zoning by-law for the Municipality. 2.48 Sidewalk - means that portion of a highway between the curb and property line designed and constructed primarily to facilitate the movement of pedestrians. 2.49 Sight angle - means the triangular space formed by two intersecting street lines and a line drawn from a point in one street line to a point in the other street line, each such point being 10 metres measured along the street line from the point of intersection of the street lines. 2.50 Sign means any device displaying any letter, picture, strobe, stripe, line, trademark, reading matter, or illuminating device constructed, attached, erected, fastened or manufactured in any manner whatsoever, so that the same shall be used for the attraction of the public to any place, subject, person, firm, corporation, public performance, article, machine or merchandise whatsoever and displayed in any manner whatsoever. 2.51 Structure - when used in reference to a sign means the supports, uprights, bracing and framework of a sign. 2.52 Street Line - means the boundary line that divides a lot from a road allowance or highway. 2 2.53 Special Event Sign - Means temporary street decorations, banners, paper signs, cloth signs, poster, handbills or any other temporary advertising devise installed for various civic celebrations and/or other festivals and/or events. 2.54 Temporary Directional sign - means a sign erected to advertise the location Of a recently established business. Such business having been operational .for a period not exceeding six months. 2.55 Municipality - means the Corporation of the Municipality of Village of Port Burwell. 2.56 Traffic Sign - means a sign, marking or device carefully placed for the purpose of regulating or prohibiting traffic. 2.57 Visual obstruction - means a sign which when so erected impairs the view of the public as may he determined by the Public Works Department for the Municipality. 2.58 Wall Sign - means a sign which is attached directly to the building wall or that part of a building wall that has the sign displayed directly on the wall. 2.59 Zoning By-law - means any by-law regulating the use of lands and the character, location and use of buildings and structures in the Municipality and passed pursuant to the Planning Act. 3.0 Administration 3.1 No person shall erect, place, maintain, repair, alter, cause or permit to he erected, placed, maintained, repaired or altered any sign without first having obtained a permit except as may be provided in Section 3.6. 3.2 Neither the granting of a permit nor the approval of the drawings and specifications, nor inspection made by an inspector during the erection of a sign shall, in any way, relieve the owner of such sign or the owner of the property on which the sign is located, from full responsibility ,for carrying out the work in accordance with the provisions of this by-law. 3.3 The Chief Building Official shall review all applications, plans and specifications submitted for sign permits and if in conformity with the provisions of this By-law and all other applicable law, shall certify the plans and issue the sign permit. 7 3.4 Variances 3.4.1 Where a person can not comply with the provisions of this by-law application may be made to the Council of the Village of Fort Burwell for a variance to the provisions of the by-law. 3.4.2 Application to Council for a variance shall clearly set out why the provisions of the by-law can not be met and shall be accompanied by the appropriate fee for a variance as detailed in Schedule W attached hereto prior to Council hearing the application for variance. The fee is non refundable. 3.4.3 Council may, upon the application for a variance from the provisions of this by-law, authorize such minor variances provided in the opinion of Council the general intent and purpose of the bylaw are maintained. 3.5 Sign Applications 3.5.1 Every application for a sign shall he submitted to the Chief Building Official on a prescribed form provided for that purpose and shall be accompanied by: (a) a plot plan showing the property lines of the lot on which the sign is proposed to he located, the location of the sign in relation to the lot lines and to all other structures located on such lot. (h) the Chief Building Official may require the correctness of such plans so submitted to he certified by an Ontario Land Surveyor. (c) complete plans and specifications of the proposed sign sufficient in detail to include information with regard to materials used; message; lighting; colours; dimensions of the sign area; sign face; and supporting members; the maximum height, clearance and projection; and all relevant structural information to allow the Chief Building Official to determine if the proposed sign complies with the provision of the by-law and any other applicable laws. 0 (d) the Chief Building Official may require such, additional information as may be required to determine if the structure or building will carry the additional loads or stress imposed by the erection of the sign. (e) the required sign permit application fee as set out in Schedule W attached hereto. 3.6 Permit Exemptions 3.6.1 Notwithstanding the provisions of the by-law and unless otherwise required herein, no permit shall be required for the following signs: (a) a produce sign as defined in this by-law provided there is only one such sign per frontage, (b) an election sign, (c) an institutional sign, (d) a sign not exceeding 0.2 square metres in area identifying the ownership of a property in a Residential or Rural Zone, (e) a real estate sign not exceeding 0.6 square metres in area identifying a property for rent, sale or lease, (f) a sign erected inside a building or structure, (g) the changing or repair of any non- structural part of an existing legally erected sign or an approved , sign for which a permit was issued, that is designed for such change or the repainting or reporting of the advertising message on the display surface of such sign, U (h) a sign not exceeding 0.2 square metres displaying a prohibited use, (i) a sign incorporated onto a drop awning, f]) a portable ground sign located in conformance with the requirements of Section 5.3 of this By-law, (k) bed and breakfast signs erected in accordance with any licensing provision established from time to time by the Municipality to regulate such uses, (1) a construction sign complying with Section 6.3. 3.7 No person shall erect or cause to be erected a sign except in accordance with the certified plans, specifications or other information on the basis of which a permit was issued or any changes authorized by the Chief Building Official. 3.8 The Chief Building Official may cancel an application for a sign permit which ie still incomplete after six months of the date of filing the application and such application, in the opinion of the Chief Building Official, is not being seriously pursued. 3.9 The Chief Building Official may revoke a sign permit: (a) where it has been issued on mistaken or false . information, (b) where, after six months of issuance, work has not been fully completed in the opinion of the Chief Building Official, (c) where wort¢ ie substantially suspended or discontinued for a period of more than one year, (d) where a sign is removed save and except seasonally erected signs. 3.10 In the event of the Chief Building Official or an Inspector or officer acting on behalf of the Chief Building Official, refuses to issue a permit or IR revolves a permit, the owner or applicant may appeal such, decision to Council. Such appeal must be undertaken within thirty (30) days of such refusal or revocation. 3.11 Permit Application Fee Refunds (a) Where an application for a sign permit is made and no permit is issued or where a permit is issued and the sign is not erected, upon written request of the applicant, the Chief Building Official may refund 50% of the permit application fee. (b) No refund shall be made of less than $10.00, (c) When an application is filed and no permit issued no fees will be refunded after six (6) months after the date of the filing of the application, and where a sign permit is issued and the sign is not erected no refund shall be made after twelve (12) months of the date of issuance of the permit. 3.12 Inspection (a) Every sign for which a permit is required, shall be subject to inspection. The owner or his designate shall notify the Chief Building Official when the sign is completed and ready for inspection. (b) An Inspector may for the purpose of inspecting a sign or site in respect of which a permit is issued or an application is made enter in or upon any land or premises at any time without a warrant (c) An Inspector may for the purpose of determining if a sign is safe and/or complies with the requirements of this by-law require the owner to produce documentation for the Inspector's review to assist in the determination of the signs safety and/or compliance. 3.13 Maintenance and Removal of Signs 3.13.1 Removal of Abandoned Signs - When a sign no longer correctly advertises a bona fide business, lessor, owner, product of activity conducted or product available, on the premises where such as a sign is displayed, the owner shall remove the sign within thirty (30) days 11 from the date of receipt of notice a such removal from the Chief Building Offigyal. 3.13.2 Removal of Dangerous Signs - If, in the opinion of the Cluef Building Official, any sign is in such condition as to constitute a physical hazard to public safety the Chief Building Official may give notice in writing to the owner of such sign to remove the same within twenty four (24) hours. It shall he the duty of such owner to remove such sign in accordance with the said notice. If the owner of the sign cannot be located, or if he refuses to comply with the order the Chief Building Official may have the offending sign removed. 3.13.3 If any sign is in an unsafe or defective condition the Chief Building Official may give written notice to the owner of such sign to repair or remove said sign within a period of forty eight (48) hours. It shall be the duty of such owner to repair or remove such sign in accordance with the said notice. If the notice is not adhered to or if the owner of the sign cannot he located, the Chief Building Official may have the offending sign removed. 3.13.4 Cost of Maintenance or Removal - The cost of such repair, removal, transportation and storage of such sign shall he a debt due and recoverable from the owner or where appropriate the tenant and in the case of non-payment such shall be recoverable in the same manner as municipal taxes. 3.13.5 Where a sign has been legally erected and located in accordance with a predecessor sign by-law this by-law shall not he construed to require such sign to be brought into conf orrnity with the provisions of this by- law and may he altered, or repaired subject to complying with all other applicable provisions of this by-law. 3.14 Enforcement The Chief Building Official or his agent is authorized to pull down or remove, at the expense of the owner, any sign that is erected or displayed in contravention of the by-law and may require any person who: (i) has caused a sign or other advertising device to he erected, displayed, altered or repaired without first having obtained a permit to do so; or 12 (ii) having obtained a permit has caused a sign or other advertising device to be erected, displayed, altered or repaired contrary to the certified plans In respect of which permit was issued, to male such sign or other advertising device comply with the provisions of this lay -law if it does not so comply, or to remove such sign or advertising device within such period of time as the Chief Building official specifies. 3.15 where the Chief Building Official or 6 agent finds there is a significant risk of damage to persons or property from a sign, he may notify the owner to remove the sign or place the sign in a proper state of repair within 48 hours. 3.16 'Where the Chief Building Official or his agent finds that any provision of this By-law is being contravened, he may notify the owner in writing directing compliance with such provisions forthwith or within such time as shall he specified in the notice. 3.17 'Where the owner fails to comply with a notice issued, pursuant to Section 3.16, the Chief Building Official may cause such sign to be removed or the contravention corrected at the expense of the owner and the Municipality may recover the expense incurred by action or in the same way be recovered in like manner as municipal taxes. 3.18 When a -sign ceases to comply with the requirements of this by-law as a result of a road widening the Chief Building Official may require the removal of the subject sign at the owners expense within thirty (30) days of notification. 3.19 The provisions of this by-law shall not be construed as relieving or limiting the responsibility or liability of any person erecting or owning any sign or display for personal injury or property damage resulting from the placing of such sign or resulting from the negligence or wilful acts of such person, his agents or employees, in the construction, erection, maintenance, repair or removal of any sign erected in accordance with a permit issued hereunder. 1''+1or can it be construed as imposing upon the municipality of its officers or employees any responsibility by reason of the approval of any signs, materials or devices under the provisions of the by-law. 4.0 General Provisions 4.1 Every sign shall be designed, constructed and erected in conformity with the provisions of this by-law and the Ontario Building Code. 13 4.2 Where a sign is required to be designed by a Professional Engineer or Architect the Chief Building official may require that the sign and its supporting structure be certified by the Engineer or Architect as being erected in compliance with the design drawings and specifications. 4.3 There thus by-law prescribes minimum set -back provisions such set -backs shall be the shortest horizontal distance from any part of the sign or its supporting ,structure to the nearest property line. 4.4 Every sign utilizing electricity shall he subject to the requirements of the authority having jurisdiction with respect to the supply of electricity. 4.5 Notwithstanding any other provision of this by-law, no person shall: (a) erect or maintain any sign including signs displayed within a building, spotlights, floodlights, or any other special illumination or on a building or structure or portion thereof, in such a location or with materials, lights or colours, so as to interfere with the proper operation and visibility of any traffic signal light or traffic sign which is now or may hereafter be erected for the control or guidance of traffic and pedestrian upon the highways and/or streets of the Municipality, (b) erect or maintain any sign where, it would adversely interfere with the line of vision of pedestrian or vehicular traffic, (c) erect or maintain a sign located as to obstruct openings required for light and ventilation, any required means of egress or required access for fire fighting in accordance with the Ontario Fire Code or Ontario Building Code. 4.6 No sign shall be erected where the top of such sign will exceed a height of 10 metres above grade. 4.7 Where the provision of one portion of the By-law conflicts with any other provision of this By-law time most restrictive requirement shall be used to establish the minimum requirement. 5.0 Classification By Structural Type 5.1 General 14 M All signs shall comply with the general provisions of the by-law as well as all specific requirements of the by-law which may be applicable to its particular use as determined in Section 6 and its location within the Heritage District as applicable pursuant to Section 8 of this By-law. 5.2 Ground Signs 5.2.1 Ground signs shall not exceed 3 metres in height. 5.2.2 No portion of a ground sign shall be erected closer than 1 metre to a property line. 5.2.3 A ground sign shall not be located in a sight triangle as defined in this by-law. 5.2.4 Except as provided in 5.2.5 not more than one ground sign shall be permitted for each business to a maximum of three ground signs per frontage. 5.2.5 Where the traffic speed limit applicable to the highway adjacent to a lot exceeds 70 kilometres per hour and the lot has a minimum frontage of exceeding. 150 metres then a maximum of three ground signs may be erected. 5.2.6 Ground signs shall not exceed 3 square metres in area. 5.3 Portahle Ground Signs 5.:3.1 Unless otherwise prohibited in this By-law portable ground signs may be erected without a permit provided: (a) "Sandwich Board" signs shall have dimensions not greater than 0.64m(base) x 0,90m in total area and shall not block pedestrian*traffic. (b) Portable ground signs shall maintain a minimum set -back of 1.0 metres from any property boundary, (c) Portable ground signs shall not be located in a sight triangle as herein defined, 15 (d) No portion of a portable ground sign including directional arrows shall be flashing, (e) Portable ground signs shall not be permitted without written permission by council in any Residential or Rural Zones or the Heritage District as applicable as herein defined except in association with an existing legal non- conforming commercial or industrial use and in compliance with the conditions as herein defined. (f) portable ground signs shall not exceed 3 square metres in area. 5.4 Suns 5.4.1 Pole signs shall be greater than 3 metres in height but not greater than 10 metres. 5.4.2 Pole signs shall not exceed 12.0 square metres in area. 5.4.3 Pole signs shall be designed by a Professional Engineer or Architect and shall be erected under the supervision of such Professional Engineer or Architect and shall be certified by such Professional Engineer or Architect as having been erected in accordance with the design drawings and specifications. 5.4.4 The number of pole signs on any one lot shall not exceed one (1) sign for each street frontage. 5.4.5 Pole signs are not permitted in any Residential or Rural Zones or the Heritage District as herein defined. 5.4.6 Pole signs shall not be located closer than 2 metres to any property line and in the case where the property abuts a Residential Zone the pole sign shall not be erected closer than 5 metres to the Residential Zone. 16 5.5 Roof Signs 5.5.1 Roof signs shall not exceed 10 metres in height as measured from grade. 5.5.2 Roof signs shall not exceed 10 square metres in area. 5.5.3 If required by the Chief Building Off-cial roof signs shall be designed by a Professional Engineer or Architect to ensure the safety of the design as well as the Building on which it is intended to be erected. 5.5.4 The maximum number of roof signs shall not exceed one (1) per building. 5.6 Wall Signs 5.6.1 The total area of all wall signs shall not exceed 10% of the area of a building face. 5.6.2 Wall signs shall not project more than 400 millimetres from a building face. 5.6.3 Wall signs shall not extend above the ease of the building face. 5.7 Projee ingr Siva 5.7.1 Projecting signs shall not project more than 2 metres from the face of the building wall. 5.7.2 A projecting sign shall not extend over a street or highway and shall not extend closer than .6 metres to a property line. 5.7.3 Projecting signs are not permitted in any Residential or Rural Zones. 5.7.4 Projecting signs shall not exceed 10 square metres in total area. 5.7.5 Where reTiavd by the {Chief Building Official projecting signs shall he designed by a Professional Engineer or Architect. 17 6.0 Classification by Use 6.1 General 6.1.1 All signs must comply with the general provisions of the by- law as well as the specific provisions for its structural type an. determined in Section 5 and its location within the Heritage District as applicable pursuant to Section 8 of this By-law. 6.2 Point of Sale Signs 6.2.1 Unless otherwise specifically permitted herein signs shall be located only on the lot to which the sign applies and shall only advertise a use, service or product available from the lot on which the sign is located. 6.2.2 Section 6.2.1 does not apply to an institutional sign or an election sign. 6.2.3 Section 6.2.1 shall not apply to prohibit the erection of one industrial directory sign per plan of subdivision or similar lands intended primarily for multiple industrial occupancies. An industrial directory sign is a sign erected to identify the name and address of more than one industrial use and the uses are not necessarily on the lands on which the sign is located. Such sign shall still comply with the requirements applicable to its construction type and is subject to reinspection and renewal every five years after the initial permit is issued. 6.3 Home Occupation & Home Industry Signs 6.33.1 A home occupation sign shall not exceed 0.2 square metres in area and shall not exceed 1.5 metres in height and shall comply with either the requirements of Section 5.2 for a ground sign or Section 5.6 as may he applicable to the structural type. There shall be only one such home occupation sign per lot. 6.3.2 A home occupation sign shall not be illuminated. 18 6.3.3 A home industry sign shall not exceed 2 metres in height and 3 square metres in area and #hall be limited to one sign per property and shall comply with either Sections 5.2 or 5.6 as applicable to the structural type. 6.3.4 A home industry sign shall not be illuminated. 6.4 Cormtructiorn Sign 6.4.1 Construction signs may be erected on a project site or within an active plan of subdivision provided they comply with the following: (a) shall not exceed 5 metres in height and shall not exceed 12 square metres in area, (b) shall remain in place for only that period of time the project is active, and (c) shall comply with all applicable general requirements as provided for in the by- law. 6.5 Election Sign 6.5.1 Election signs shall comply with all the provisions of this by- law except they may be located on all Town owned road allowances. 6..6 Institutional Signs 6.6.1 Institutional signs shall not exceed 1.5 square metres in area. 6.6.2 Institutional signs shall not be located on any property other than the property to which the sign applies except that Council may grant permission to specific signs for specific events and times. 6J Real Estate Sims Wl 6.7.1 Real Estate signs larger than 0.6 square metres in area are subject to all requirements of this bylaw as may be applicable to the structural type of sign erected. 6.7.2 Real Estate signs shall be removed within 10 days of the closing elate and transfer of the property's ownership. 6.8 Temporary Directional Sign A temporary directional sign may be erected in accordance with the following provisions: (a) a temporary directional sign shall comply with the requirements of a ground sign as defined herein and shall not exceed 2.2 square metres, (b) a maximum of two temporary directional signs are permitted for each business with a maximum of one sign per street,. (c) temporary directional signs may be erected for a maximum period of one year from the date of permit issuance and such one year period may be extended for a maximum of one additional year provided all the applicable terms of this by-law are met, (d) temporary directional signs are restricted to lots abutting to Provincial and County roadways. 7.0 Prohibited Signs 7.1.1 The following signs are prohibited from being erected within the jurisdiction of the Village of Port Burwell (a') flashing signs, (b) revolving signs or beacons, (c) signs which are not conventionally supported by structural apparatus but float above the ground and are tethered to the ground 20 (d) signs which by their pictures, words or drawings are indecent or may tend to corrupt or demoralize (e) no sign shall be erected on any utility pole, traffic marker, tree, shrub or hedge. (f) portable ground signs and pole signs are not permitted in the Heritage District as applicable as described in Section 8.1.1. (g) billboard signs. 8.0 Heritage Area Signs 8.1.1 In addition to the requirements of Sections 4, 5, b & 7 of this By- law additional requirements shall apply to signs erected on lands abutting roadways or streets located within the Heritage District as established by By-law passed pursuant to the Ontario Heritage Act. 8.1.2 RESERVED 8.1.3 Wall signs shall be located a minimum of 2.4 metres above the first floor level and shall not obstruct the buildings architectural features. 8.1.4 RESERVED 8.1.5 RESERVED 8.1.6 Signs in the Heritage District shall not be internally illuminated. 9.0 Penalties 9.1 Any person who contravenes any provision of this By-law is guilty of an offense, and, upon conviction thereof, shall be liable to a fine of not less than $50.00 and not more than $2,000.00 exclusive of costs, for each offence, and the provisions of The Provincial Offenses Act, shall apply to all such penalties. 10.0 Effect on Existing Bylaws 1 o.1 Any and all previously by-laws not consistent with this bylaw are hereby 21 w This by-law shall come into force and passage thereof. Read a first and second 11th day of April, 1995. immediately upon SCHEDULE W Fee Schedule Sign Permit ,Application Fee $25.00 Variance Application Fee $75.00 23 -j THE CORPORATION OF THE VILLAGE OF PORT BURW ELL P. ®. Box IU, Part Burwell, Ontario NUJ ITO telephone (S 19) 874-4343 • fax (S 19) 874-4948 Memo To: .Davin Free From: B. Wolfe Re: Proposed Sign By -Law - Possible Infractions Date; April 20, 1995 The following is a list of possible violations that exist within the Village at this time with regards fo the above said. 1) 27 Robinson Street Section 3.13.1, Removal of Abandoned Signs 2) Bridge Street West Side Restaurant Sign - Section 3.13.3 - Defective Condition 3) "Fresh Fish" sign, Section 5.2 Ground sings - no closer than 1 m to property line. 4) " Bradfieldss'portable sign - Section 5.3 Portable Ground Signs - Limit of 30 days continuous use not allowed in residential zone. 5) Wellington Street Royal Canadian Legion - Section 5.2 - maximum height 3m - Section 5.2 - 1m Setback Royal Canadian Legion - Portable Sign Section 5.3 - Limit 30 slays continuous use. b) 31 Robinson Street Kingfisher's Portable Sign - Section 5.3 - Limit 30 days continuous use, 2m setback page 1 of 2 David R. Fred, CET. AMCT(A) a Administrator/Clerk-Treasurer 7) 50 Erieus Street Chappy's - Section 5.2 maximum height 3m Section 5.2 1 m setback 8) Corner of Erieus & NvIctoria Village Sign - Section 5.2 1m setback 9) On the Beach Village Sign - Section 5.2 - maximum height 3m 10) 31 Robinson Street Chalk's Variety - Section 5.7 Projecting Signs - maximum 2m from binding face - not over street (sidewalk?) - no closer than bm from property line. 11) Various Places in Village Portable "Bait", '"Tackle" and "Firewood" folding signs and signs affixed to trees, poles etc. Section 7.0 - not allowed - not on trees 12) Bridge Street Big Cater Marina - Section 5.2 - Maximum height 3m 13) Chatham Street Jack Foster - Section 5.2 - maximum height 3m - Section 3.13.1 - abandoned sign Brian Wolfe, CBCQ Property Standards Officer By -Law Enforcement Officer Vile of Port Burwell page 2 of 2 THE CORPORATION OF THE VILLAGE OF PORT BURWELL P.O. Box 10. Port Burwell, Ontario NOJ I TO telephone (519) 874-4343 • fax (519) 874-4948 April 11, 1996 Mr. & Mrs. Foster Post Office Box # 118 Port Burwell ON NO] 1TO Dear Mr. & Mrs. Foster Pe: Sign Located at 4 Chatham Street Please note that your request was }wrought to the attention of Council and it was decided that the sign may remain according to Section 3.13.1 of ley -law 95-16 which reads as follows: 3.13.1 Removal of Abandoned Signs - When a sign no longer correctly advertises a bona fide business, lessor, owner, product of activity conducted or product available, on the premises where such as a sign is displayed, the owner shall remove the sign within thirty (30) drays from the date of receipt of notice a such removal from the Chief Building Official. It is our understanding that the sign will be used for advertising purposes and please note that should r+y person enquire with regards to advertising, it %•ill be suggested that they advertise by way of your sign. I trust that you will find this to be satisfactory and if you should have any further questions please feel free to call. Yours truly D. F e, CET, AMCT A inistratorlClerk-Treasurer David R. Free, CET, AMCT • Administrator/Clerk-Treasurer THE CORPORATION OFTHE VILLAGE OF PORT BuRWELL P.O. Box 10. Part Burwell. Onuria Nq I TO telephone (519) 874-4343 R fax (519) 874-4948 MEMO To: David Free From: Ed Roloson Date: April 3, 1996 Re; Additional information concerning the sign located at 4 Chatham Uacl & Gwen Foster) Please be advised that the above mentioned sign measures 4 ft. wide and b ft. height for a total of 24 square feet in area. The allowable square footage for such a sign is 33.3 sq.ft ( section 5.2.6 of By -Law #95-16 ). The overall height from the top of the sign to the existing grade is 8ft. Section 2.25 of the previously said By -Law permits an overall height of loft. Without the aid of a legal survey the sign appears to be located approx. 12ft from the frost property line. Section 55.2.2 of the alcove said. sign By -Law regulates a minimum 3.3 ft setback from any property line. The sign located at the above said address has be deemed abandoned due to the fact that it no longer advertises a bona We business ( section 3.13.1 ). 0 1 _ t� S 6 % �+Ci D Yours truly l Co41wn Ed Roloson �v t _J> Chief Building Official t) ro By -Law Enforcement Officer�� . David R. Free, CET, AMCT Administrator/0erk-Treasurer It 1 il 0 4L MEMO To: David Free From: Ed Roloson Date: March 18, 1996 'r--+to-91 THE CORPORATION Of THE VILLAGE OF PORT BUR1W'ELL Pa Bost 10, Port Burwell. Ontario NO] 1 TO telephone (519) 874-4343 * fax (519) 874.4948 Re: The sign located at 4 Chatham (lack & Gwen Foster) Please find attached the Fehruary 1, 1996 letter that was sent to the Fosters as well as a copy of the March 7, 1996 letter from the Fosters that was provided for the March 12, 1996 council meeting. Section 3.13.1 of lay -law #95-16 regulates the removal of ahondoned signs of which is also attached. Currently the Fosters have an abondoned sign ( approx. 24 sq.ft ) located in the front yard ( CI general commercial zoning ) of the alcove said address. I am awaiting further direction from yourself/Property standards committee. Yours tnily Ed Roloson Chief Building Official By -Law Enforcement Officer David K Free. CET. AMCT - Administrator/Clerk-Treasurer br'PORT cyU R RTUS REFLIGN February 1, 1996 John Foster PO Box # 118 Port Burwell ON NOJ 1TO Dear Mr. Foster: Re: The sign located at 4 Chatham Port Burwell ON. THE CORPORATION OFTHE VILLAGE OF PORT BURWELL PO. Box 10. Port Burwell, Ontario NOJ I TO telephone (519) 874-4343 • fax (519) 874-4948 The sign located at the above said address is in violation of the Village of Pori Burwell Sign By-I_,a. #95--1 %, Section #3.13.1 Maintenance ar.d Removal of Signs as follows; #3.13.1 Removal of abandoned signs -- When a sign no longer correctly advertises a bona fide business, lessor, owner, product of activity conducted or product available, on the premises where such as a sign is displayed, the owner shah remove the sign within (30) clays of notification. Could you please either make arrangements to have the sign removed or deal with it when arriving hack from vacationing. Thank you for your cooperation in this matter. Yours truly /I J /Z/ ' . Ed Roloson Chief Building Official BY -Law Enforcement Officer David R. Free, CET, AMCT • AdrninistratorlClerk-Treasurer 0 10: Fort 3urmell Council S Sb V.-irch t, >jJ. RZ: i j n let ver — 0; o_in and G°her: Faezer rr°j_jerzy ATTENTION: :I"-'BV3 NE33I i i +e resdectfully recuest an audience Nith Council at the next meeting; concerning, removal of our 8i6n. 1. Admittedly, zae zo,r Kith Jack Foster on iz, is arocen and derelict; should Ue remove6 and will cue. ?.. The dottvia olaa& white liLhzed sij n, for Nhich we have ar, abundance oy' alphabetical letters on stand, is eleczr cally wires, to a :.,.witch i.: 4he house. 3. The si6n has rarely been used since our lvoo cloeinc, - four or five times for a year-end earate sale and once for Councillor vozinu. ";e have never rented out this= siLm, a-: is a usual cuetol. 4. It is . imd.lar to Ron 3radfield's, exce )t ours is aermanenzly embedded 4� feez dee,) and one foot a cove .,round in a sectioa of cement 3 feet wide ana 5 feet long. the frame for the awirinr_ is also deeply cemented in. a. 7' AF ei.-n could not ►ae re.Aa.ce4 Tor a caiaimum of '33JJ. 1.), ehcludin& Iatjour•. 5. ausine. a or residence, anyone Nould rant each a ;sicn, a- lone as di:- cretion is used for the right jur.,)oses, outsic e of easiness use. . Council's AY-La.,.v to ue: tr::y v?:i valuable ac-Eet to -rae co=ercia.l store az.tache: to oar residence causes us nrach concern. In order to ;ceea it for resale purk)oses, -Ne have therefore no recourse but to sell the droaerty any: leave, a year or tti,o sooner than •.c: thou ht of. Naturally, :;e want a fair price in order to eta e other �ilans; co;xiercial mo,aerty values a.r not high right I'10L... ye do ryes fora little time, as we are not a:: nimole--footed axe once were, xi, e --o lCL :;c re_ aired to lre,;rtre vlha ir_zerior >L.d outer j)roper•z; for evaluation qnu sale. 211e lane': is a;jout sa acre in sip e. '2ner a are fa•: rroaerzies in t'ie Villa',e lef c, lar'e. ":e therefore, Noult beautify this sign, rtrluestin4, not to vestroj it; as sent-ulese•; 'vuz ratAer to remove t:te to a sign, .jossi.:+i;y 31anti:r flo*r:ers aarounC_ iAe baew, .iTh CanndiEur a_:c: Ontario fl _,lXced (vi toa. ;iith no letter advertiee:ae-to hereon, it s ro:al � no-,, contraveae the JyLa:,, as whet t si,,ns are used on resic.cnzia,l gyro?erties ds Nell. . . 0 .2 - — 2 — Ho 3efvlly, some enterprising Z.o�a people will be able to do what ae, as seniors, are no longer wale to do with niF com- mercially -zoned property. One Councillor stated, "commmercial ;jro )erty it no;, wanteu on the `.est side - the East side aeinL. t :e Coimaercial section." If one '_Z;sS developriental vision, one call see that Lommercial business is "essential" to the tax base "anywhere" in Porti Burwell, especially on the West side, on a lar6e-sized prop- erty, (wh,d er one erovincial Part privatizes, or not). Ninety percent of the commercial businesses here find it (:if- ficult to survive on 4 to, 5 riont:is' ::urine; s income and are in the same boat as the fishermen, except that they us -tally have no unemployment income. It is ironic that older people are no`+ leaving the cities and to- ms for places like RORT RU-7AN, LGNGPCIN , TMiCCZY POINT, PCRi G "ISGO7v ETC. The trend is condominiums; Private ;}arcs xith Para Liodels and slip doc cs for boate, for the over - po_)ulation Su,:mner, Fall and pith Pinter ice fiehini avail -;ale with a Com:sercial effort. %hat s shame that our '- Barbour lends are tied up by the Un- numbered Company's lac'c of this vision. Thie property and also Pul"nam's are the only tso :lest Harbour hilleides not controller: by them at this end. In the next century, one ui&ht envision L, .ie Ports do%ied in the •rinIj leople :.tot havin,_ to take their ar t%lri tic gone; South. In closinE, ;d -Roloson, has peen very hel_)Aul in "ListeninC" to the above details, -:rithout personal judCmez_t of our concerns. ,e are indeed fortunate to have him on Ville ataff. Hopefully, this long; discourse will have saved explanation time. Jack and I will, ho-;ever, be Cher questions Councillors may grant to as::{. Sincerely yours, (Jac:c and) Gwen 2osver. valuable meeting open to any fur- a revokes a permit, the owner or applicant may appeal such decision to Council. Such appeal must be undertaken within thirty (30) days of such refusal or revocation. 3.11 Permit Application Fee Refunds (a) Where an application for a sign permit is made and no permit is issued or where a permit is issued and the sign is not erected, upon written request of the applicant, the Chief Building Official may refund 50'%0 of the permit application fee. (b) No refund shall be made of less than $10.00. (c) When an application is filed and no permit issued no fees will be refunded after six (6) months after the date of the filing of the application, and where a sign permit is issued and the sign is not erected no refund shall be made aftey twelve (12) months of the date of issuance of the permit. 3.12 Inspection (a) Every sign for which a permit is required, shall be subject to inspection. T`fie owner or his designate shall notify the Chief Building Official when the sign is completed and ready for inspection. (b) An Inspector may for the purpose of inspecting a sign or site in respect of which a permit is issued or an application is made enter in or upon any land, or premises at any time without a warrant (c) An Inspector may for the purpose of determining if a sign is safe and/or complies with the requirements of this by-law require the owner to produce documentation for the Inspectors review to assist in :he determination of the signs safety and/or compliance. 3.13 Maintenance and Removal of Signs 3.13.1 Removal of Abandoned Signs - When a sign no longer correctly advertises a bona fide business, lessor, owner, product of activity conducted or product available, on the premises where such as a sign is displayed, the owner shall remove the sign within thirty (30) days 11 from the date of receipt of notice a such removal from the Chief Building official. 3.13.2 Removal of Dangerous Signs - If, in the opinion of the Chief Building Official, any sign is in such condition as to constitute a physical hazard to public safety the Chief Building Official may give notice in writing to the owner of such sign to remove the same within twenty four (24) hours. It shall be the duty of such owner to remove such sign in accordance with the said notice. If the owner of the sign cannot be located, or if he refuses to comply with the order the Chief Building Official may have the offending sign removed. 3.13.3 If any sign is in an unsafe or defective condition the Chief Building Official may give written notice to the owner of such sign to repair or remove said sign within a period of forty eight (48) hours. It shall be the duty of such owner to repair or remove such sign in accordance with the said notice. If the notice is not adhered to or if the owner of the sign cannot be located, the Chief Building Official may have the offending sign removed. 3.13.4 Cost of Maintenance or Removal - The cost of such repair, removal, transportation and storage of such sign shall be a debt due and recoverable from the owner or where appropriate the tenant and in the case of non-payment such shall be recoverable in the same manner as municipal taxes. 3.13.5 Where a sign has been legally erected and located in accordance with a predecessor sign by-law this by-law shall not be construed to require such sign to be brought into conformity with the provisions of this by- law and may be altered, or repaired subject to complying with all other applicable provisions of this lay -law. 3.14 Enforcement The Chief Building Official or his agent is authorized to pull down or remove, at the expense of the owner, any sign that is erected or displayed in contravention of the by-law and may require any person who: (i) has caused a sign or other advertising device to be erected, displayed, altered or repaired without first having obtained a permit to do so; or I.? Village of Part B - PCB 21 Pitts Street Port Burwell ON NOJ 1TO BY-LAW 95-20 A by -Law for Prohibiting and Regulating the Erection of Signs and Other Advertising Devices WHEREAS Section 210, paragraphs 145, 146, 147, 148, 148 of The ,Municipal Act, Chapter M-45, R-S.o., 1990, as amended, provides that the Council of a Municipality may pass by-laws for the prohibiting or regulating the erection of signs and other advertising devices and the posting of notices on building or vacant lots within any defined area or on land abutting on any defined highway or part of a highway; AND WHEREAS The Municipal Act provides that where a Council has authority to direct or require by by-law, or otherwise, that any matter or thing be done, the Council may, by the same or by another by-law, direct that, if in default of its being done by the person directed or required to do it, such matter or thing shall be done at his expense, and the Corporation may recover the expense incurred in doing it, by action or the same may be recovered in like manner as municipal taxes. AND WHEREAS the Council of je of the Village of to pass a by-law to regulate the use of signs and advertising devices in a view to ensuring the safety of the public in respect to the erection Now therefore the council of a Corporation of the V'�f Fart By�t� acts as follows: 1.0 Title and scope 1.1 Short Title 1.1.1 This By-law maybe cited as the "Sign By-law'. 1.2 Scope 1.2.1 The provWons of this by-law shall regulate the erection, location, construction, alteration, repair and maintenance of all outdoor signs and other advertising devices on land abutting any highway or part of a highway within the limits of 1 the Lion of the Municipality Village �Po �rwe 1. 2.0 Definitions The following definitions shall apply for the purposes of this By-law unless the context otherwise provides: 2.1 Area of a Sign - means the number of square metres on the surface of the sign including the border and frame. The area of a multiple faced sign shall be 50% of the sum of the area of all the faces. 2.2 Awning - Mean a temporary shelter or roof-liLe projection consisting entirely of non -rigid materials such as cloth of canvas, except for supporting framework. An awning must be retractable. 2.3 Abandoned Sign - Means a sign which no longer correctly directs or advertises a bona -fide business, lessor, owner, product or activity conducted, or product produced on the premise upon which the sign is displayed. 2.4 Advertising Device - Mean any fancifully designed device, object or any means of identification visible from any public street creating a design and intended to be erected or located or affixed on any land, building or structures which directs attention to any land, building or structure and includes flags, banners, pennants, lights or any object intended for advertising purposes. For the purposes of this by-law, an advertising device shall mean a sign. 2.5 Alteration - Means any change to a sign structure or sign face including the addition, deletion or re -arrangement of parts, excepting the changing of the message displayed by the sign, or the replacement of identical parts for maintenance purposes. 2.6 Awning Sign - Mean a non -illuminating identification sign painted to or affixed flat to the surface of an awning which does not extend vertically or horizontally beyond the limits of such awning. 2.7 Banner Sign - means a sign produced on cloth, paper, fabric or other combustible material of any kind with or without frames. 2.8 Billboard Sign - means a sign erected for the purpose of displaying advertising 2 posters which are renewed from time to time. 2.9 Building - means any structure or edifice use or intended to he used for the storage goods, chattels or people. 3 2.21 Face - means the surface of the sign upon, against or through which the message of the sign is exhibited. 2.22 Flashing Sign - means a luminous or illuminated sign, fixed or rotating upon wluch the source of artificial light is not stationary or the intensity or colour is not constant, but does not include signs indicating time and/or temperature nor does it include electronic signs. 2.23 Frontage - means the width of a lot Between the side lot lines measured at the street line. where more than one property line abuts the street line each property line shall be considered separately for the purposes of determining frontage. 2.24 Grade --means when used in reference to a sign the average elevation of the finished surface of the ground where it meets the supports of the sign or the building upon which it is erected, exclusive of any artificial embankment. 2.25 Ground Sign - means a sign 3 metres or less in height 1(directly supported from the ground without the aid of any other building or structures other than the sign structure. 2.26 Height of Sign - means the actual distance from the grade to the highest point of the sign. 2.27 Highway - includes a common and public highway, street, avenue, roadway, road allowance, lane, driveway, parkway square, place, bridge, subway, viaduct, trestle or by-pass designed or intended for the use of the general public for the passage of vehicles and pedestrians. 2.28 Home Occupation - means a use as defined pursuant to the terms of the Zoning By-law, as amended, by the Municipality. 2.29 Home Industry - means a use as defined pursuant to the terms of the Zoning By-law, as amended, by the Municipality. 2.30 Illuminating Device - means any device employing artificial lighting intended to draw attention to a sign whether designed to function internally or externally in reference to a sign. 2.31 Institutional;gn -means any sign pertaining to government departments and agencies, hospitals, churches, schools, service clubs and similar organizations. tit 2.32 Lot - means any parcel of land, Meld in separate and distinct ownership from adjoining parcels of land, whether such parcel is described in a registered deed, or shown as a lot or block on a registered plan of subdivision on which a sign is located or intended to be located. 2.33 Multiple Faced Sign means a sign having two or more faces. 2.34 Over -Hanging Signs - Means a sign which projects from a wall o # e a " premise and which is either single or double faced, with the sign face or faces approximately perpendicular to the plane of such wall. 2.35 Owner - includes: (a) owner of a sign (b) owner of the real property on which the sign is located, or, (c) the person, for the time being, managing or receiving the rent of (i) the sign, or (ii) the real property on which the sign is located. 2.36 Person - means and includes a real or corporate person. 2.37 "Point of -sign" - means a sign erected and maintained upon which there is displayed advertising copy, describing products or services or services which are made, produced, assembled, sold, stored or available from the lot upon which the sign is erected. 2.38 Pole Sign - means a sign greater than 3 metres in height directly supported from the ground without the aid of any other building or structure other than the sign structure. 2.39 Portable Ground Sign - means a type of ground sign situated on the ground but not permanently affixed thereto and without restricting the generality of the foregoing, be deemed to include signs that may be moved from place to place. 2.40 Produce Sign - means a sign not exceeding 2.25 square metres in area and advertising seasonal locally grown produce for sale. 2.41 Projecting Sign means a type of sign so constructed and so erected as to be attached at one end to a building and projecting outwardly there from. 5 2.42 Property Line - means any boundary that divides a lot from another lot or road allowance or highway. 2.43 Real Estate Sign - means a sign that advertises property or premises for sale, lease or rent. 2.44 Residential Property means property zoned "Residential" in accordance with the relevant Zoning By-law for the Municipality. 2.45 Road Allowance - means that portion of land allowed for road or highways established by any statute, act, by-law or plan. 2.46 Roof Sign - means a sign which is erected, constructed or supported on or above a roof of a building. 2.47 'Rural' Zone - means property zoned "Rural' pursuant to the i relevant zoning by-law for the Municipality. 2.48 Sidewalk - means that portion of a highway between the curb and ;property line designed and constructed primarily to facilitate the movement of pedestrians. r 2.49 Sightngle - means the triangular space formed by two intersecting street lines and a line drawn from a point in one street line to a point in the other street line, each such point being 10 metres measured along the street line from the point of intersection of the street lines. 2.50 Sign- means any device displaying any letter, picture, stroke, stripe, line, trademark, reading matter, or illuminating device constructed, attached, erected, fastened or manufactured in any manner whatsoever, so that the same shall be used for the attraction of the public to any place, subject, person, fine, corporation, public performance, article, machine or merchandise whatsoever and displayed in any manner whatsoever. 2,51 Structure - when used in reference to a sign means the supports, uprighb, bracing and framework of a sign. 2.52 Street Line - means the boundary line that divides a lot from a road allowance or highway. 2.53 Special Event Sign - Means temporary street decorations, banners, paper 0 signs, cloth signs, poster, handbdis or any other temporary advertising devise installed for various civic celebrations and/or other festivals and/or events. 2.54 Temporary Directional sign - means a sign erected to advertise the location of a recently established business. Such business having been operational for a period not exceeding six months. 2.55 Municipality means the Corporation of the Municipality of Village of Port Burwell. 2.56 Traffic 5igmmeans a sign, rnarizing or device carefully placed for the purpose of regulating or prohibiting traffic. 2.57 Visual obstruction - means a sign which when so erected impairs the view of the public as may be determined by the Public Wor6s Department for the Municipality. 2.58 Fall Sign - means a sign which is attached directly to the building wall or that part of a building wail that has the sign displayed directly on the wall. 2.59 Zoning By-law - means any by-law regulating the use of lands and the character, location and use of buildings and structures in the ,Municipality and passed pursuant to the Planning Act. 3.0 ,Administration 3.1 No person shall erect, place, maintain, repair, alter, cause or permit to be erected, placed, maintained, repaired or altered any sign without first having obtained a permit except as may be provided in Section 3.6. 3.2 Neither the granting Of a permit nor the approval of the drawings and specifications, nor inspection made by an inspector during the erection of a sign shall, in any way, relieve the owner of such sign or the owner of the property on which the sign is located, from full responsibility for carrying out the woriz in accordance with the provisions of this by-law. 3.3 The Chief Building official shall review all applications, plans and specifications submitted for sign permits and if in conformity with the provisions of this By-law and all other applicable law, shall certify the 7 plans and issue the sign permit. 3.4 Variances 3.4.1 where a person can not comply with the provisions of this by-law application may be made to Council for a variance to the provisions of the by-law. 3.4.2 Application to Council for a variance shall clearly set out why the provisions of the by-law can not be met and shall be accompanied by the appropriate fee for a variance as detailed in Schedule 'A' attached hereto. The fee is non refundable. 3.4.3 Council may, upon the application for a variance from the provisions of this by-law, authorize such minor variances provided in the opinion of the Council the general intent and purpose of the bylaw are maintained. 3.5 Sign Applications 3.5.1 ery a lcation for a sign shall be submitted to the _PRimmistrator C er -Trea n a prescribed form provided for that purpose and shall be accompanied by: (a) a plot plan showing the property lines of the lot on which the sign is proposed to be located, the location of the sign in relation to the lot lines and to all other structures located on such lot. (b) the Chief Building Official may require the correctness of such plans so submitted to be certified by an Ontario Land Surveyor. (c) complete plans and specifications of the proposed sign sufficient in detail to include information with regard to materials used; message; lighting; colours; dimensions of the sign area; sign face; and supporting members; the maximum height, clearance and projection; and all relevant structural information to allow the Chief Building Official to determine if the proposed sign complies with the provision of the by-law and any other applicable laws. 0 (d) the Clue[ Building Ifficial may require such additional information as may be required to determine if the structure or building will carry the additional loads or stress imposed by the erection of the sign. (e) the required sign permit application fee as set out in Schedule W attached hereto. 3.6 Permit Exemptions 3.6.1 Notwithstanding the provisions of the by-law and unless otherwise required herein, no permit shall be required for the following signs: (a) a produce sign as defined in this by-law provided there is only one such sign per frontage, (b) an election sign, (c) an institutional sign, Aa sign not exceeding 0.2 square metres in area identifying the ownership of a property in a Residential or Rural Zone, (e) a real estate sign not exceeding 0.6 square metres in area identifying a property for rent, sale or lease, (f) a sign erected inside a building or structure, (g) the changing or repair of any non- structural part of an existing legally erected sign or an approved , sign for which a permit was issued, that is designed for such change or the repainting or reporting of the advertising message on the display surface of such sign, (h) a sign not exceeding 0.2 square metres displaying a prohibited use, (i) a sign incorporated onto a drop awning, (j) a portable ground sign located in conformance with the requirements of 0 Section 5.3 of this By-law, (k) bed and breakfast signs erected in accordance with any licensing provision established from time to time by the Municipality to regulate such uses, (1) a construction sign complying with Section 6.3. 3.7 No person shall erect or cause to be erected a sign except in accordance with the certified plans, specifications or other information on the basis of which a permit was issued or any changes authorized by the Chief Building Official. 3.8 The Chief Building Official may cancel an application for a sign permit which is still incomplete after six months of the date of filing the application and such application, in the opinion of the Chief Building Wicial, is not being seriously pursued. 3.9 The Chief Building Official may revoke a sign permit:. (a) where it has been issued on mistaken or false information, (b) where, after six months of issuance, work has not been 4 lly completed in the opinion of the Chief Building ficial, (c) where work is substantially suspended or discontinued for a period of more than one year, (d) where a sign is removed save and except seasonally erected signs. 3.10 In the event of the Chief Building Official or an Inspector or officer acting on behalf of the Chief Building Official, refuses to issue a permit or revokes a permit, the owner or applicant may appeal such decision to Council. Such appeal must be undertaken within thirty (30) days of such refusal or revocation. 3.11 Permit Application Fee Refunds IR (a) There an application for a sign permit is made and no permit is issued or where a permit is issued and the sign is not erected, upon written request of the applicant, the Cluef Building Wficial may refund 50% of the permit application fee. (b) No refund shall be made of less than $10.00. (c) When an application is filed and no permit issued no fees will be refunded after six (6) months after the date of the filing of the application, and where a sign permit is issued and the sign is not erected no refund shall be made after twelve (12) months of the elate of issuance of the permit. 3.12 Inspection (a) Every sign for which a permit is required, shall be subject to inspection. The owner or his designate shall notify the Chief Building ^official when the sign is completed and ready for inspection. (b) An Inspector may for the purpose of inspecting a sign or site in respect of which a permit is issued or an application is made enter in or upon any land or premises at any time without a warrant (c) An Inspector may for the purpose of determining if a sign is safe and/or complies with the requirements of this by-law require the owner to produce documentation for the Inspector's review to assist in the determination of the signs safety and/or compliance. 3.13 Maintenance and Removal of Signs 3.13.1 Removal of Abandoned :Signs -When a sign no longer correctly advertises a bona fide lousiness, lessor, owner, product of activity conducted or product available, on the premises where such as a sign is displayed, the owner shall remove] the sign within thirty (30) days from the date% of receipt of notice a such removal from the Chief Building Official. I 3.13.2 Removal of Dangerous Signs - If, in the opinion of the Chief Building Official, any sign is in such condition as to constitute a physical hazard to public safety the Chief Building Official may give notice in writing to the owner of such sign to remove the same within twenty four (24) hours. It shall be the duty of such owner to remove such sign in accordance with the said notice. If the owner of the sign cannot be located, or if he refuses to comply with the order the Chief Building Official may have the offending sign removed. 3.13.3 If any sign is in an unsafe or defective condition the Chief Building Official may give written notice to the owner of such sign to repair or remove said sign within a period of forty eight (48) hours. It shall be the duty of such owner to repair or remove such sign in accordance with the said notice. If the notice is not adhered to or if the owner of the sign cannot be located, the Chief Building Official may have the offending sign removed. 3.13.4 Cost of Maintenance or Removal - The cost of such repair, removal, transportation and storage of such sign shall be a debt due and recoverable from the owner or where appropriate the tenant and in the case of non-payment such shall be recoverable in the same manner as municipal taxes. 3.13.5 Where a sign has been legally erected and located in accordance with a predecessor sign by-law this by-law shall not be construed to require such sign to be brought into conformity with the provisions of this by- law and may be altered, or repaired subject to complying with all other applicable provisions of this by-law. 3.14 Enforcement The Chief Building Official or his agent is authorized to pull down or remove, at the expense of the owner, any sign that is erected or displayed in contravention of the by-law and may require any person who: (i} has caused a sign or other advertising device to be erected, displayed, altered or repaired without first having obtained a permit to do so; or (ii) wing obtained a permit has caused a sign or other advertising device • 12 to be erected, displayed, altered or repaired contrary to the certified plans in respect of which permit was issued, to make such sign or other advertising device comply with the provisions of this by-law if it does not so comply, or to remove such sign or advertising device within such period of time as the Chief Building Wicial specifies. 3.15 Where the Chief Building Official or Liss agent finds there is a significant risk of damage to persons or property from a sign, lie may notify the owner to remove the sign or place the sign in a proper state of repair within 48 hours. 3.16 Where the Chief Building Official or lus agent finds that any provision of this By-law is being contravened, lie may notify the owner in writing directing compliance with such provisions forthwith or within such time as shall be specified in the notice. 3.17 where the owner fails to comply with a notice issued pursuant to Section 3.16, the Chief Building Official may cause such sign to be removed or the contravention corrected at the expense of the owner and the Municipality may recover the expense incurred by action or in the same way be recovered in luxe manner as municipal taxes. 3.18 When a -sign ceases to comply with the requirements of this by-law as a result of a road widening the Chief Building Wicial may require the removal of the subject sign at the owners expense within thirty (30) days of notification. 3.19 The provisions of this by-law shall not be construed as relieving or limiting the responsibility or liability of any person erecting or owning any sign or display for personal injury or property damage resulting from the placing of such sign or resulting from the negligence or wilful acts of such person, his agents or employees, in the construction, erection, maintenance, repair or removal of any sign erected in accordance with a permit issued hereunder. Nor can it be construed as imposing upon the municipality of its officers or employees any responsibility by reason of the approval of any signs, materials or devices under the provisions of the by-law. 4.0 General Provisions 4.1 Every sign shall be designed, constructed and erected in conformity with the provisions of this by-law and the Building Code. 010 13 4.2 where a sign is required to be designed by a Professional Engineer or Architect the Chief Building official may require that the sign and its supporting structure be certified by the Engineer or Architect as being erected in compliance with the design drawings and specifications. 4.3 Where this by-law prescribes minimum set -back provisions such set -backs shall be the shortest horizontal distance from any part of the sign or its supporting structure to the nearest property line. 4.4 Every sign utilizing electricity sM be subject to the requirements of the authority having jurisdiction with respect to the supply of electricity. 4.5 Notwithstanding any other provision of this by-law, no person shall: (a) erect or maintain any sign including signs displayed within a building, spotlights, floodlights, or any other special illumination or on a building or structure or portion thereof, in such a location or with materials, lights or colours, so as to interfere with the proper operation and visibility of any traffic signal light or traffic sign which is now or may hereafter be erected for the control or guidance of traffic an upon the highways and/or streets of a Town, VALA 4 (b) erect or maintain any sign where, it would adversely interfere with the line of vision of pedestrian or vehicular traffic, (c) erect or maintain a sign located as to obstruct openings required for light and ventilation, any required means of egress or required access for fire fighting in accordance with theire Code or Building Code. 4.6 No sign shall be erected where the top of such sign will exceed a height of TO metres above grade. 4.7 Where the provision of one portion of the By-law conflicts with any other provision of this By-law the most restrictive requirement shall be used to establish the minimum requirement. 5.0 Classification By Structural Type 14 5.1 General All signs shall comply with the general provisions of the by-law as well as all specific requirements of the by-law which may be applicable to its particular use as determined in Section 6 and its location within the Heritage District pursuant to Section 8 of this By-law. 5.2 Ground Signs 5.2.1 Ground signs shall not exceed 3 metres in height.. 5.2.2 No portion of a ground sign shall be erected closer than 1 metre to a property line. 5.2.3 A ground sign shall not be located in a sight triangle as defined in this by-law. 5.2.4 Except as provided in 5.2.5 not more than one ground sign shall he permitted for each business to a maximum of three ground signs per frontage. 5.2.5 Where the traffic speed limit applicable to the Highway adjacent to a lot exceeds 70 kilometres per hour and the lot has a minimum frontage of exceeding 150 metres then a maximum of three ground signs may be erected. 5.2.6 Ground signs shall not exceed 3 square metres in area. 5.3 Portable Ground Signs 5.3.1 Unless otherwise prohibited in this By-law portable ground signs may be erected without a permit provided. (a) the sign is for a specific period not to exceed thirty days of continuous placement at which time it shall be removed and not be replaced on the site for ninety days, 4m the date of its removal, 15 (b) Portable ground signs shall maintain a minimum set -back of 2 metres from any property boundary, (c) Portable ground signs shall not be located in a sight triangle as herein defined, (d) No portion of a portable ground sign including directional arrows shall be flashing, (e) Portable ground signs shall not be permitted in any Residential or Rural Zones or the Heritage District as herein defined except in association with an existing legal non- conforming commercial or industrial use and in compliance with the conditions as herein defined. (f) portable ground signs shall not exceed 3 square metres in area. 5.4 Signs 5.4.1 Pole signs shall be greater than 3 metres in height but not greater than 10 metres. 5.4.2 Pole signs shall not exceed 12.0 square metres in area. 5.4.3 Pole signs shall be designed by a Professional Engineer or Architect and shall be erected under the supervision of such Professional Engineer or Architect and shall be certified by such Professional Engineer or Architect as having been erected in accordance with the design drawings and specifications. 5.4.4 The number of pole signs on any one lot shall not exceed one (1) sign for each street frontage. 5.4.5 Pole signs are not permitted in any Residential or Rural Zones or the Heritage District as herein defined. 16 5.4.6 Pole signs shall not be located closer than 2 metres to any property line and in the case where the property abuts a Residential Zone the pole sign shall not he erected closer than 5 metres to the Residential Zone. 5.5 Roof Signs 5.5.1 Roof signs shall not exceed 10 metres in height as measured from grade. 5.5.2 Roof signs shall not exceed 10 square metres in area. 5.5.3 If required by the Chief Building Official roof signs shall be designed by a Professional Engineer or Architect to ensure the safety of the design as well as the Building on which it is intended to he erected. 5.5.4 The maximum number of roof signs shall not exceed one (1) per building. 5.6 Wall Signs 5.6.1 The total area of all wall signs shall not exceed 10% of the area of a building face. 5.6.2 Wall signs shall not project more than 400 millimetres from a building face. 5.6.3 Wall signs shall not extend above the eave of the building face. 5.7 Projecting Signs 5.7.1 Projecting signs shall not project more than 2 metres from the face of the building wall. 5.7.2 A projecting sign shall not extend over a street or highway and shall not extend closer than .6 metres to a property line. 17 5.7.3 Projecting signs are not permitted in any Residential or Rural Zones. 5.7.4 Projecting signs shall not exceed 10 square metres in total area. 5.7.5 Where required by the Chief Building Official projecting signs shall be designed by a Professional Engineer or Architect. 6.0 Classification by Use 6.1 General 6.1.1 All signs must comply with the general provisions of the by- law as well as the specific provisions for its structural type as determined in Section 5 and its location within the Heritage District pursuant to Section 8 of this By-law. 6.2 Point of Sale Signs 6.2.1 Unless otherwise specifically permitted herein signs shall be located only on the lot to which the sign applies and shall only advertise a use, service or product available from the lot on which the sign is located. 6.2.2 Section 6.2.1 does not apply to an institutional sign or an election sign. 6.2.3 Section 6.2.1 shall not apply to prohibit the erection of one industrial directory sign per plan of subdivision or similar lands intended primarily for multiple industrial occupancies. An industrial directory sign is a sign erected to identify the name and address of more than one industrial use and the uses are not necessarily on the lands on which the sign is located. Such sign shall still comply with the requirements applicable to its construction type and is subject to reinspection and renewal every five years after the initial 18 permit is issued. • 6.3 Home Occupation & Home Industry Signs 6.3.1 A home occupation sign shall not exceed 0.2 square metres in area and shall not exceed 1.5 metres in height and shall comply with either the requirements of Section 5.2 for a ground sign or Section 5.6 as may be applicable to the structural type. There shall be only one such home occupation sign per lot. 6.3.2 A home occupation sign shall not be illuminated. 6.3.3 A home industry sign shall not exceed 2 metres in height and 3 square metres in area and shall be limited to one sign per property and shall comply with either Sections 5.2 or 5.6 as applicable to the structural type. 6.3.4 A home industry sign shall not be illuminated. 6.4 Construction Sign 6.4.1 Construction signs may be erected on a project site or within an active plan of subdivision provided they comply with the following: (a) shall not exceed 5 metres in height and shall not exceed 12 square metres in area, (b) shall remain in place for only that period of time the project is active, and (c) shall comply with all applicable general requirements as provided for in the by- law. 6.5 Election Sign 19 6.5.1 Election signs shall comply with all the provisions of this by- law except they may he located on al own ed road allowances. 6.6 Institutional Signs 6.6.1 Institutional signs shall not exceed 1.5 square metres in area. 6.6.2 Institutional signs shall not be located on any property other than the property to which the sign applies except that Council may grant permission to specific signs for specific events and times. 6.7 Real Estate Signs 6.7.1 Real Estate signs larger than 0.6 square metres in area are subject to all requirements of this bylaw as may be applicable to the structural type of sign erected. 6.7.2 Real Estate signs shall be removed within 10 days of the closing date and transfer of the property's ownership. 6.8 Temporary Directional Sign A temporary directional sign may be erected in accordance with the following provisions: (a) a temporary directional sign shall comply with the requirements of a ground sign as defined herein and shall not exceed 2.2 square metres, (h) a maximum of two temporary directional signs are permitted for each business with a maximum of one sign per street, (c) temporary directional signs may he erected for a maximum period of one year from the date of permit issuance and such one year period may he extended for a maximum of one additional year provided all the applicable terms of this by-law are met, 20 (d) temporary directional signs are restricted to lots abutting to Provincial and County roadways. 7.0 Prohibited Signs 7.1.1 The following signs are prohibited from being erected within the jurisdiction of ` e Villa a of Port " (a) flashing signs, (b) revolving signs or beacons, (c) signs which are not conventionally supported by structural apparatus but float above the ground and are tethered to the ground Asigns which by their pictures, words or drawings are indecent or may tend to corrupt or demoralize (e) no sign shall be erected on any utility pole, traffic marker, tree, shrub or hedge. (f) portable ground signs and pole signs are not permitted in the Heritage District as described in Section 8.1.1. (g) billboard signs. 8.0 Heritage Area Signs 8.1.1 In addition to the requirements of Sections 4, 5, 6 & 7 of this By- law additional requirements shall apply to signs erected on lands abutting roadways or streets located within the Heritage District as established by By-law 1667-86 passed pursuant to the Ontario Heritage Act. 8.1.2 RESERVED 8.1.3 Wall signs shall be located a minimum of 2.4 metres above the first floor level and shall not obstruct the buildings architectural features. 21 8.1.4 RESERVED 8.1.5 RESERVED 8.1.6 Signs in the Heritage District shall not be internally illuminated. 9.0 Penalties 9.1 Any person who contravenes any provision of this By-law is guilty of an offense, and, upon conviction thereof , shall be liable to a fine of not less than $50.00 and not more than $2,000.00 exclusive of costs, for each offence, and the provisions of The Provincial Offenses Act, shall apply to all such penalties. 10.0 Effect on Existing Bylaws 1kj�By-laws 268-72, 763-77, 953_79 and 2397-91 be and the same are hereby repealed. 10.2 This by-law shall come into force and take effect immediately upon final passage thereof. 22 SCHEDULE W Fee Schedule 30e0 Sign Permit Application Fee Us= Variance Application Fee $75.00 23 Village of Port Burwell PO Box 10 Port Burwell ON NOJ 1TO 519 874 4343 Fax 874 4948 Memo Date: May 4, 1995 To: Council From: D. Free Re: Bylaw 95-20, A Sign Bylaw Council -r* o* 9 The amendments requested at the April 25, 1995 Regular Council meeting have been made to the Bylaw 95-02 and now presented to council for consideration. I would however caution council that the integrity of the bylaw has now been gravely affected considering the requested amendment made to section 5.3.1 (e) stating as followings; (e) Portable ground signs shall not be permitted in any Residential or Rural Zones or the Heritage District as herein defined except in association with an existing legal non-confonning commercial or industrial use and in compliance with the conditions as herein defined without written by Council. 1 The bylaw was oringally structured to administered by staff (as all bylaws are) in concert with the policies established by council through the bylaw considering -permitted types of signs, sizes, configurations, etc. The change to section 5.3.1 (e) having council review certain signs defeats the purpose of the bylaw and is not consistent with the other sections within the bylaw. As an alternative after the enabling legislation section the bylaw could merely read as follows; All signs shall be brought before council for prior approval for erection. I would caution council that this action would further encumber council meetings with issues which could be handled by staff considering the guidelines established within a proper bylaw and as provided within the original text. In the instances of requests for variations the Committee of Adjustment has been assigned the task of interpeting on behalf of council. Again the Committee would be a support mechanism to council for policy and would test each issue on technical merit and the spirit of the bylaw. If Council wishes to change the role or eliminate the role completely of the Committee then further amendments are required within the bylaw. Although the changes have been made I would advise council that the bylaw is now "lame" and could be challenged with embarssing results. Please provide your direct comments and questions prior to the council meeting in order that these may be clarified or corrected accordingly. David R. Free Encls. 2 FAX FROM: HARBOUR LIGHTS TO: PORT BURWELL COUNCIL cc Admin. David Free RE SIGN BY-LAW TIME: DATE 04 /27 95 PAGES 1 HARBOUR LIGHTS FAX # 519 874-1079 Reeve Nesbitt and Councillors: I& Harbour lida Co�aairy . HarbotKu" CMP »t phone 874-4545 I fully support the sign by-law. The proliferation of all kinds of signs does not enhance the community. I will be very pleased to see the signs in front of our property removed. The Village of Port Burwell sign is badly in need of repair and obstructs the vision of east bound cars as we pull out of our driveway. I am not enamoured by portable signs outside of commercial areas. I understand residential zoning is designed to restrict commercial activity. Large portable signs should be restricted to commercial zoned areas. Sincerely, , Mary Spicer, RN. POR r 9U9�F! RE Date: April 1, 1995 To: Council From: D. Free Re: Bylaw 95-At6'A Sign Bylaw Council: THE CORPORATION OF THE VILLAGE OF PORT BURWELL Memo P. O. Box 10, Port Burwell, Ontario NOJ I TO telephone (519) 874-4343 • fax (519) 874-4948 In an effort for continual cleanup of the municipality and a degree of conformity towards a more aesthetically pleasing "downtown", attached is a sign bylaw which will facilitate the previously said municipal "thrust". There are currently signs and sign structures which be required to be removed as the result of the passing of this bylaw (ie Manion properties). However, as restaurant competition "heats up" there may be reason for one business to complain about the advertising activities of the others. This could relegate the municipality into a reactive position in order mediate any concerns. The attached bylaw takes a typical community position towards conformity, safety and fairness for enterprise within the municipality. This bylaw also eliminate poorly constructed and developed signs wluch serve to advertise poor municipal standards and a lack of care. Although this may be perceived as another form of over legislation of the community businesses, this bylaw is typical in cities and tourist communities ie Niagara -on -the -lake, London, Collingwood, Ciravenhurst, etc. The design of this bylaw is to protect those who are professional and responsible to their business approach from those who either by ignorance or malice chose to affect the investment of the good intentioned business person or community. David R. Free, CET, AMCT(A) • Administrator/Clerk-Treasurer Council will note that variances to applications to the sign bylaw are reviewed by the Committee of Adjustment for conformity. I would caution council and the committee that permitting variances set precedence and will erode the enforceability and intention of the bylaw. Please review and consider the attached providing your comments accordingly. Please provide your direct comments and questions prior to the council meeting in order that these may be clarified or corrected accordingly. nncis. THE ONTARIO CITATOR SERVICE -- UPDATED TO DECEMBER 8, 1994 \ Statute Volumes M - O \ MUNICIPAL ACT \ R.S.O. 1990, Chap. M.45 \ PART XVII POWERS TO PASS BY-LAWS -- ss. 207 to 257 \ NUISANCES, SIGNS, ETC. -- ss. 134 to 150 Signs -- s. 146 THE ONTARIO CITATOR SERVICE -- UPDATED TO DECEMBER 8, 1994 \ Statute Volumes M - O \ MUNICIPAL ACT \ R.S.O. 1990, Chap. M.45 \ PART XVII POWERS TO PASS BY-LAWS -- ss. 207 to 257 \ NUISANCES, SIGNS, ETC. — ss. 134 to 150 \ Signs -- s. 146 146. For prohibiting or regulating sJIM and other advertising devices or any class or classes thereof and the posting of notices on buildings or vacant lots within any defined area or areas or on land abutting on any defined highway or part of a highway. (a) A by-law passed under this paragraph may specify a time period during which 9n� or other advertising devices in a defined class may stand or be displayed in the municipality and may require the removal of such i n or other advertising devices which continue to stand or be displayed after such time period has expired. (b) A by-law passed under this paragraph may require the production of the plans of all signs or other advertising devices to be erected, displayed, altered or repaired and provide for the charging of fees for the inspection and approval of such plans and for the fixing of the amount of such fees and for the issuing of a permit certifying to such approval and may prohibit the erection, display, alteration or repair of any sign or advertising device where a permit has not been obtained therefor and may authorize the refusal of a permit for any sign or other advertising device that if erected or displayed would be contrary to any by-law of the municipality. (c) A change in the message displayed by a sign or other advertising device does not in itself constitute an alteration. " (d) A by-law passed under this paragraph may authorize the pulling down or removal at the expense of the owner of any sign or other advertising device that is erected or displayed in contravention of the by-law and may require any person who, (i) has caused a sign or other advertising device to be erected, displayed, altered or repaired without first having obtained a permit to do so, or (ii) having obtained a permit has caused a sign or other advertising device to be erected, displayed, altered or repaired contrary to the approved plans in respect of which the permit was issued, to make such sign or other advertising device comply with the by-laws of the municipality if it does not so comply or to remove such sign or other advertising device within such period of time as the by-law specifies. THE ONTARIO CITATOR SERVICE -- UPDATED TO DECEMBER 8, 1994 \ Statute (c) Canada Law Book Inc. 1995 Volumes M - O \ MUNICIPAL ACT \ R.S.O. 1990, Chap. M.45 \ PART XVII POWERS TO PASS BY-LAWS — ss. 207 to 257 \ NUISANCES, SIGNS, ETC. — ss. 134 to 150 Notice (e) Before passing a by-law under this paragraph notice of the proposed by-law and notice of the council meeting at which the proposed by-law is to be discussed shall be published once at least fourteen days prior to the council meeting indicated in the notice and in the case of a municipality where there is no newspaper having general circulation in the municipality, shall be posted in a conspicuous place in the municipality for at least fourteen days prior to the council meeting indicated in the notice. (f) The council shall hear any person who before the council meeting indicated in the notice applies to be heard. THE ONTARIO CITATOR SERVICE — UPDATED TO DECEMBER 8, 1994 \ Statute Volumes M - O \ MUNICIPAL ACT \ R.S.O. 1990, Chap. M.45 \ PART XVH POWERS TO PASS BY-LAWS — ss. 207 to 257 \ NUISANCES, SIGNS, ETC. -- ss. 134 to 150 Minor variances (g) The council may, upon the application of any person, authorize minor variances from the by-law passed under this paragraph if in the opinion of the council the general intent and purpose of the by-law are maintained. 1983, c. 5, s. l(1), part, revised. THE ONTARIO CITATOR SERVICE — UPDATED TO DECEMBER 8, 1994 \ Statute Volumes M - O \ MUNICIPAL ACT \ R.S.O. 1990, Chap. M.45 \ PART XVII POWERS TO PASS BY-LAWS — ss. 207 to 257 \ NUISANCES, SIGNS, ETC. — ss. 134 to 150 Saving (h) No by-law passed under this paragraph, as it read on the 31st day of July, 1983, that prohibits or regulates jgn� or other advertising devices, applies so as to require a sign or advertising device that is lawfully erected or displayed on the 1st day of August, 1983, but that does not comply with the by-law, to be made to comply with the by-law or to be removed by the owner or the owner of the land on which it is situate, if the sign or advertising device is not substantially altered; and the maintenance and repair of the sign or advertising device or a change in the message displayed shall be deemed not in itself to constitute an alteration. 1983, c. 5, s. 1(2). THE ONTARIO CITATOR SERVICE — UPDATED TO DECEMBER 8, 1994 \ Statute Volumes M - O \ MUNICIPAL ACT \ R.S.O. 1990, Chap. M.45 \ PART XVII POWERS TO PASS BY-LAWS — ss. 207 to 257 \ NUISANCES, SIGNS, ETC. — ss. 134 to 150 Idem (c) Canada law Book Inc. 1995 (i) No by-law passed under this paragraph that prohibits or regulates signs or other advertising devices, applies to a sign or advertising device that is lawfully erected or displayed on the day the by-law comes into force, if the sign or advertising device is not substantially altered, and the maintenance and repair of the sign or advertising device or a change in the message displayed shall be deemed not in itself to constitute an alteration. 1983, c. 5, s. 1(3). THE ONTARIO CITATOR SERVICE -- UPDATED TO DECEMBER 8, 1994 \ Statute Volumes M - O \ MUNICIPAL ACT \ R.S.O. 1990, Chap. M.45 \ PART XVII POWERS TO PASS BY-LAWS — ss. 207 to 257 \ NUISANCES, SIGNS, ETC. — ss. 134 to 150 Mobile sign lessors -- s. 147 THE ONTARIO CITATOR SERVICE -- UPDATED TO DECEMBER 8, 1994 \ Statute Volumes M - O \ MUNICIPAL ACT \ R.S.O. 1990, Chap. M.45 \ PART XVII POWERS TO PASS BY-LAWS -- ss. 207 to 257 \ NUISANCES, SIGNS, ETC. -- ss. 134 to 150 \ Mobile sign lessors -- s. 147 147. For licensing, regulating and governing persons who carry on the business of leasing mobile i n . THE ONTARIO CITATOR SERVICE — UPDATED TO DECEMBER 8, 1994 \ Statute Volumes M - O \ MUNICIPAL ACT \ R.S.O. 1990, Chap. M.45 \ PART XVII POWERS TO PASS BY-LAWS -- ss. 207 to 257 \ NUISANCES, SIGNS, ETC. -- ss. 134 to 150 Definition (a) For the purpose of this paragraph, "mobile sign" does not include a sign attached to a vehicle where the principal use of the vehicle is the transportation of people, goods or other materials. (b) For the purpose of this paragraph, a person who, from a location outside the municipality, carries on the business of leasing mobile i n shall be deemed to be carrying on business in the municipality if the person locates or permits the location of mobile signs in the municipality. THE ONTARIO CITATOR SERVICE -- UPDATED TO DECEMBER 8, 1994 \ Statute Volumes M - O \ MUNICIPAL ACT \ R.S.O. 1990, Chap. M.45 \ PART XVII POWERS TO PASS BY-LAWS — ss. 207 to 257 \ NUISANCES, SIGNS, ETC. -- ss. 134 to 150 \ Definition (a) For the purpose of this paragraph, "mobile sign" does not include a sign attached to a vehicle where the principal use of the vehicle is the transportation of people, goods or other materials. (b) For the purpose of this paragraph, a person who, from a location outside the municipality, carries on the business of leasing mobile signs shall be deemed to be carrying on business in the municipality if the person locates or permits the location of mobile signs in the municipality. 1983, c. 41, s. 1(3). (c) Canada Law Book Inc. 1995 THE ONTARIO CITATOR SERVICE -- UPDATED TO DECEMBER 8, 1994 \ Statute Volumes M - O \ MUNICIPAL ACT \ R.S.O. 1990, Chap. M.45 \ PART XVII POWERS TO PASS BY-LAWS — ss. 207 to 257 \ NUISANCES, SIGNS, ETC. -- ss. 134 to 150 Attaching of things to property of public utility -- s. 148 THE ONTARIO CITATOR SERVICE — UPDATED TO DECEMBER 8, 1994 \ Statute Volumes M - O \ MUNICIPAL ACT \ R.S.O. 1990, Chap. M.45 \ PART XVH POWERS TO PASS BY-LAWS — ss. 207 to 257 \ NUISANCES, SIGNS, ETC. -- ss. 134 to 150 \ Attaching of things to property of public utility -- s. 148 148. For prohibiting or regulating the nailing or otherwise attaching of anything or the causing of anything to be so nailed or otherwise attached to or upon any property managed and controlled by a public utility commission or of a local board as defined in clause (a) of paragraph 46 of section 207. THE ONTARIO CITATOR SERVICE — UPDATED TO DECEMBER 8, 1994 \ Statute Volumes M - O \ MUNICIPAL ACT \ R.S.O. 1990, Chap. M.45 \ PART XVII POWERS TO PASS BY-LAWS -- ss. 207 to 257 \ NUISANCES, SIGNS, ETC. -- ss. 134 to 150 Pulling down of 9M and notices -- s. 149 THE ONTARIO CITATOR SERVICE -- UPDATED TO DECEMBER 8, 1994 \ Statute Volumes M - O \ MUNICIPAL ACT \ R.S.O. 1990, Chap. M.45 \ PART XVII POWERS TO PASS BY-LAWS -- ss. 207 to 257 \ NUISANCES, SIGNS, ETC. -- ss. 134 to 150 \ Pulling down of signs and notices -- s. 149 149. For prohibiting the pulling down or defacing of signs or other advertising devices and notices lawfully affixed. Ic) Canada Law Book Inc. 1995 Definition (e) In clause (d), "employee" means an employee as defined in paragraph 46 of section 207, (f) Where an owner or occupant of property affected by a by-law passed under this paragraph has posted siM stating conditions on which a motor vehicle may be parked or left on the property or prohibiting the parking or leaving of a motor vehicle on the property, a motor vehicle parked or left on the property contrary to such conditions or prohibition shall be deemed to have been parked or left without consent. (g) If it is alleged in a proceeding that a by-law passed under this paragraph has been contravened, the oral or written evidence of a police officer, police cadet or municipal by-law enforcement officer is receivable in evidence as proof, in the absence of evidence to the contrary, of the facts stated therein in respect of, (i) the ownership or occupancy of the property, (ii) the absence of the consent of the owner or occupant, and (iii) whether any person is an occupant within the meaning of subclause (iv) of the definition of "occupant" set out in clause (1) or is an owner within the meaning of subclause (v) of the definition of "owner" set out in clause (i). (h) A document offered as evidence under clause (g) shall be admitted without notice under the Evidence Act. THE ONTARIO CITATOR SERVICE -- UPDATED TO DECEMBER 8, 1994 \ Statute Volumes M - O \ MUNICIPAL ACT \ R.S.O. 1990, Chap. M.45 \ PART XVII POWERS TO PASS BY-LAWS -- ss. 207 to 257 \ HIGHWAYS AND SIDEWALKS -- ss. 105 to 133 Definitions (i) In this paragraph, (c) Canada law Boric Inc. 1995 3.8.5. Location Restrictions 3.8.5.1. Obstructions not Permitted. No sign shall be located so as to obstruct openings required for light and ventilation, any required means of egress or required access for fire fighting in accordance with Sentence 3.2.5.4.(2). 3.8.5.2. Clearance for Exterior Signs (1) No exterior sign shall be erected overhanging a sidewalk or other pedestrian walkway unless the vertical distance, measured from the bottom of the overhanging portion of the sign to the surface of the sidewalk, is at least 2.4 m (7 ft 10 in). (2) Except as provided hereinafter, no sign face shall be erected within 600 mm (23-5/8 in) of the vehicular travelled portion of a private lane or roadway, or of a motor vehicle parking area unless the minimum vertical distance between grade and the bottom of the overhanging sign face is at least 4.25 m (13 ft 11 in). (3) Where the height of all vehicles using any private road or parking area is permanently restricted, the vertical distance in Sentence (2) may be reduced to the amount of the actual height restriction, for as long as the said height restriction is in existence on the premises. 3.8.5.3. Reserved. 3.8.5.4. Reserved. 3.8.5.5. Reserved. NEWSLETTER Exterior Sign Clearances 3.8.5.2. The requirement of 2.4 m minimum clearance under exterior signs applies to private property. Clearances under signs on public properly may be subject to municipal zoning by-law requirements. c 3.8.3. Structural Requirements 3.8.3.1. Structural Design. Except as provided herein, all sign structures shall be designed in accordance with Part 4. 3.8.3.2. Professional Design (1) A sign structure shall be designed by an architect or professional engineer where it is, (a) a ground sign which exceeds 7.5 m (24 ft 7 in) in height above the adjacent finished ground, (b) a projecting sign which weighs more than 115 kg (254 lb), or (c) any one face of a roof sign which exceeds 10 m= (108 ft1). (2) A projecting sign shall not be attached or fastened in any manner to a parapet wall unless designed by an architect or professional engineer. Section 11.2 Building Systems 11.2.1. Existing Building System 11.2.1.1. Alteration of Building System. Where an existing building system is altered, the performance level of the building after the alteration shall be at least equal to the performance level prior to the alteration. 11.2.1.2. Extension of Building System. Where an existing building system is extended, the extension shall comply with Subsection 11.2.2. 11.2.1.3. Structural Adequacy (1) Except as provided in Sentence (2), where after proposed construction in all or part of an existing building, (a) the major occupancy will change to a different major occupancy, (b) the occupant load will increase by more than 15 per cent, or (c) the live load will increase due to change in use within the same major occupancy, the existing structural floor and roof framing systems and their supporting members after the construction shall be adequate to support the proposed dead loads and live loads. (2) Where the existing structural floor or roof framing system and its supporting members are inadequate to support the proposed dead loads and live loads, (a) the portion of the floor affected by the proposed loads is restricted to the loading it will support and signs stating the restrictions are posted, or (b) remedial measures are taken to support the proposed loads. (3) Except as provided in Subsection 11.2.4., where substantially all existing interior walls or ceilings or floor assemblies or roof assemblies are removed in an existing building and new interior walls, ceilings, floor assemblies are installed in the building, their structural and fire-resistant elements shall be constructed in compliance with the requirements of the other parts of the Code. The Corporation of the Village of Port Burwell Post Office Box # 10 21 Pitt Street Port Burwell, Ontario By -Law 95-17 Being a By -Law to authorize the Reeve and the Administrator/Clerk-Treasurer to enter into a Land Lease Agreement with Regional Cable TV Systems WHEREAS the Municipal Act RSO 1990 c. M.45 Section 102 provides that every council may pass such by-laws and mare such regulations for the health, safety, morality and welfare of the inhabitants of the municipality in matters not specifically provided for by this Act and for governing the conduct of its members as may he deemed expedient and are not contrary to law. AND WHEREAS the Council of the Corporation of the Village of Port Burwell deems it necessary to enter into a Land Lease Agreement, as amended, with Regional Cable TV Systems. The Council of the Village of Port Burwell hereby directs the Reeve and Administrator/Clerk- Treasurer to enter into the amended agreement, presented by Regional Cable TV Systems. Read a first and second time this 25th day of April, 1995. Reeve A inistrator/Clerk-Treasurer Read a third time and finally passed this 25th day of April, 1995. eeve A istrator/Clerk-Treasurer C� CABLE TELEVISION HEADEND RIGHTS AGREEMENT THIS AGREEMENT made this 1st day of June 1994 A.D. BETWEEN: THE CORPORATION OF THE VILLAGE OF PORT BURWELL (hereinafter called the "Owner") OF THE FIRST PART - and - REGIONAL CABLE TV (CENTRAL) INC. (hereinafter call "Regional") OF THE SECOND PART WHEREAS the Owner owns or controls the lands and premises (hereinafter called the 'Premises") being municipally knows as THE CORPORATION OF THE VILLAGE OF PORT BURWELL in the village of Port Burwell in the province of ONTARIO. AND WHEREAS Regional desires to lease the 40 FT. BY 30FT.0 200 SQ.FT.) of above described land. Specifically the south east corner 40' X 30' in the PUC Yard on the corner of Victoria St. and Elizabeth St. NOW THEREFORE THIS AGREEMENT WITNESSETH that in consideration of the mutual covenants and agreements hereinafter contained, each of the parties hereto agrees with the other as follows: 1. The Owner grants Regional the right to install, maintain and relocate at Regional expense, Cables, amplifiers, towers, satellite antennae, off -air television and radio antennae, microwave antennae, head -end equipment, building and other apparatus as may be required to operate a cable television headend. 2. The Owner hereby grants Regional a lease for the above described property for development as Regional deems necessary to construct and operate a cable television headend. The manner of installation and location will be subject to prior discussiop and agreement between the owner and Regional, access to b by means of the existi lane only. a a 3. In consideration thereof Regional agrees to payC)e0ner g�" hundred dollars) per year for the full term of this 5 year contract. 4. Regional shall provide at its cost such electrical power as Regional requires for the operation of the cable television headend. -2- 5. The Owner shall neither use, sell, rent, or lease, nor knowingly permit the use, by any other person, firm or corporation of Regional Headend or cable distribution system and shall not interfere, with Regional cables, installations, equipment or signals. Regional shall be responsible for the protection from tresspass or other interference of its equipment. 6. Regional agrees to perform its work in a good workmanship manner, and further agrees to indemnify and save the Owner harmless from any damages to persons or property caused by reason of this installation, or operation of the cable television headend, or the repair and maintenance thereof. Regional has and will continue to maintain a public liability insurance policy in respect of personal injury or property damage arising from the operation of the cable television headend. 7. This agreement shall become binding on the date thereof and shall continue for a period of five years. The effective date shall be june 1 st, 1994 unless delayed by other factors. 8. In the event that elements beyond Regional's ability to judge or foresee cause this site to prove unsuitable for the uses for which it was intended, Regional reserves the right to cancel this agreement with the provision of six months notice. 9. All cables, installations and equipment installed by Regional on or to the Premises shall be removed upon termination of this Agreement and the Premises shall be restored to their original condition which existed prior to the commenement of this Agreement subject to reasonable wear and tear and damage. It is understood that all such equipment shall not become a "fixture" of the property but shall remain as a chattel of Regional. Any equipment not removed within 60 days of the termination of this agreement shall become the property of the Owner. 10. The Owner agrees that this Agreement shall run with the land and that it is not personal unto the Owner. In the event the Owner transfers or disposes of its interest in the property, the Owner shall require the transferee as a condition of transfer, to abide by this Agreement and shall notify Regional thereof. This agreement may not be assigned by Regional or any successor of Regional without written consent of the owner which consent may not be unreasonably withheld by the owner. 11. This Agreement is subject to all Federal, Provincial, Municipal or any other laws, regulations or approvals which now or shall hereafter apply to Cable Television Communications Services. 12. This Agreement shall take effect and be binding on the parties hereto, their respective heirs, executors, administrators, successors and assigns and they further agree to execute any other instruments which may be necessary to carry out the purpose and intent of this Agreement. 13. Regional shall be free from all liability for inability on its part to carry out any of the obligations stipulated in this Agreement due to governmental intervention, strikes, labour disputes or any reason or cause whatsoever beyond the reasonable control of Regional. 14. This is for the occupancy of land only. The Owner makes no representation as to the suitability of the location or as to any laws or regulations which may govern the use of the location. -3- 15. Regional shall save harmless the Owner any cost, expense or other liability which may arise from Regional's occupancy at the land herein described regardless of the cause of such cost expense or liability. IN WITNESS WHEREOF the parties hereunto set their hands and seals. SIGNED, SEALED AND DELIVERED at 211�—", Z in the presence of: OWNER 7er�.r ' �J/;/�. �r Per DATE REGIONAL CABLE TV (Central) INC. f c/s 5Ie- UP /cs,-� 40!�Ps .c Name & Title 11 Name & Title DATE flfru.f I THE CORPORATION OF THE VILLAGE OF PORT BURWELL Post Office Box # 10 21 Pitt Street Port Burwell, Ontario NOJ 1T0 BY-LAW 95-18 Being a By-law to amend bylaw 95-10 to authorize the municipality to enter into a licence agreement with the Jack & Norma Vince for the operation of a Food Stand on the East Beach. WHEREAS the Municipal Act, R.S.O., c. M.45, s. 236 (17) permits a municipality to charge a fixed fee license requiring transient traders and other persons who so offer goods, wares or merchandise for sale, and; NOW THEREFORE the Council of the Corporation of the Village of Port Burwell amends Sections 4.0 and 13.0 of the License Agreement as follows: 4.0 The Licensee shall pay to the Licensor the sum of Two Thousand Dollars for the term of the lease with half of the said amount due upon signing of this agreement and the reamaining to be paid on or before July 1, 1995. 13.0 The Licensor shall pay for the hydro consumption and the hydro connection will be at the expense of the Licensee and will not form part of this lease. The Licensor shall not he held responsible for any interuption in hydro service resulting from general maintenance or construction projects as scheduled. Read a first and second time this 28th Jay of March, 1995. Reeve trator/Clerk-Treasurer Read a third time and finally passed thus 28th day of March, 1995. Reeve ��trator:/Clerk-Treasurer Pj Village of Port Burwell PO Box 10 Port Burwell ON NOJ 1T0 BY-LAW 95-19 Being a by-law to provide for the management, control, regulation, maintenance and usage of all facilities, monuments and properties owned or leased by the Village of Port Burwell for Historical Preservation purposes; and a By-law to authorize the carrying on of a Community programme of Historical Preservation within meaning and regulations of the Ministry of Recreation, Culture and Tourism. WHEREAS the carrying on of an organized programme of Museum activities and the provision of services to provide for the preservation of local heritage and articles of significant historical value is conducive to the well-being of a community and to the advantage of its inhabitants, both collectively and individually, and; WHEREAS the Council of the Corporation of the Village of Port Burwell is authorized to carry on such a programme and to place the same in charge of a Museum Committee, and; WIiEREAS the Council is empowered to manage, control, regulate and maintain the use of all facilities, artifacts and properties, and; WHEREAS it is deemed desirable the facilities, museum and properties he maintained and controlled for the enjoyment and benefit of the citizens of the Village; NOW THEREFORE the Council of the Corporation of the Village of Port Burwell enacts as follows: 1. In this By-law: a) "Council" means the elected Council of the Corporation of the Village of Port Burwell b) "Village" means the Corporation of the Village of Port Burwell c) "Chairman" means the Chairman of the Museum Committee as appointed by the Committee. d) "Vice Chairman" means the Vice Chairman of the Museum Committee as appointed by the Committee. e) "Department" means the Parks, Recreation, Culture & Tourism Department of the Village of Port Burwell . f) "Director" means Director of the Parks, Recreation, Culture & Tourism Department or the delegate thereof. g) "Properties" means any and all buildings, structures, equipment, trees, shrubs, horticultural display, benches, walkways, tennis courts, arenas, rinks, docks, launching ramps, pools, waste disposal containers, playground apparatus, shelters, washrooms, fencing, lighting, parking areas or other such properties that may he placed or erected on Village of Port Burwell parklands; h) "Posted Area' means any area that is posted by sign, notice or other device for a specific area purpose or to restrict certain activities in or on Village parklands under the authority of this by-law. i) "Parking Area" means an area that is physically laid out and/or improved for the purpose of Area parking vehicles or that is designated by an official sign for such purpose in or on a Village parkland. j) "Museum" k) "Lighthouse" 2. There is hereby authorized and established for the municipality a community programme of Culture and Tourism which includes cultural, physical, multicultural and social activities within the meaning of the regulations set out under the Ministry of Recreation Culture and Tourism and the same shall he carried on for the well-being of the community and for the use, henefits and advantage of the inhabitants. 3. The community programme of Historical & Cultural Preservation shall he conducted by a Parks, Recreation, Culture & Tourism Director who shall he advised and directed by the Museum Committee, hereby referred to as "the Committee". The said Committee shall assist the Director in formulating direction and policies for and relating to the administration of the Museum, Lighthouse and artifacts. The Committee shall also oversee the Director's fulfilment of his job responsibilities. a) The Committee shall he composed of a number of persons not to exceed 15. The Committee shall be residents of the municipality and representative of those centres of activity in the community whose thought and assistance will E give heed to the benefits to he obtained by the Committee. One (1) member of the Committee shall he an elected member of the Council. 9 b) The Reeve shall he ex-officio as a member of the Committee. 4. The Committee shall be appointed by, and the terms of office of its members shall be established by the Council. The members of the Committee who are not members of a Municipal Council shall hold office for three (3) years, and may he reappointed at the end of a three year appointment, provided that on the first appointment the Council, from among such members shall designate members who shall hold office; a) until the 1st day of June of the year following the date of appointment; h) until the 1st day of June or the second year following the date of appointment; c) until the 1st day of June of the third year following the date of appointment respectively, and the members of the Committee who are members of Council shall be appointed for three (3) year terms. 5. While conducting in the Municipality the community programme of museum activities within the meaning of the regulations of the Ministry Recreation, Culture and Tourism and without limiting the generality of the foregoing, the Committee shall: a) Elect a chairman and vice chairman annually from among its members, and other such officers as may he required. b) Enact the by-laws as passed by Council for its own government and make rules and regulations for the proper conduct of its programmes. All regulations of the Committee shall he subject to the approval of Municipal Council. c) Hold regular monthly meetings at designated locations accessible and open to the public. d) At any meetings of the Committee, have a quorum which shall consist of a minimum of five members. e) Have an agenda and material for review sent to each member three (3) days prior to monthly meetings and also a departmental financial statement when available for the Committees perusal. 3 f) Pass formal sets of minutes and resolutions that shall be brought before Council to become officially approved. Copies of these minutes shall he available to the public. g) Submit to Council, through the Director or the delegate thereof, an annual report of its activities and such other reports as may he required from time to time. h) Recommend to Council for any hiring or discharge of a Director whose duties shall he established by the Council in consultation with the Committee. i) Through the Committee Chairman, advise the Director on personnel who are not fulfilling job responsibilities. j) In assistance with the Director, develop a yearly budget and maintain control of it through the review of financial statements at monthly meetings. The budget shall he brought before Council by the Director for discussion and approval. k) Be authorized to work jointly with other municipal services in establishing, operating, and maintaining a supervised public museum system of facilities and activities. 1) When advisable, appoint area museum committees and the Committee shall provide such services as it deems necessary to assist these area committees in carrying on their activities. m) Appoint as it deems necessary, such adhoc committees to act in an advisory capacity to the Committee. n) Be expected to maintain an efficient relationship with the Director to promote maximum recreation, culture and tourism opportunities while establishing good business practices and sound financial management. o) Act as a lobby group when necessary to promote various new programmes that it feels are an improvement and important to the community's recreational opportunities. p) Encourage comments, attitudes, and concerns from the general populace to he brought up for discussion within Committee meeting formats. 4 q) Solicit and/or receive gifts or bequests of money or any donations to be applied in furtherance of the community programme of recreation hereby established. r) Prescribe fees for participation in, or admittance to, any part of the museum programme. s) Incur expenditures to the extent provided in the annual approved budget or as approved by Council in accordance to purchasing policies of the Village. t) Undertake all such other lawful things as are incidental or conducive to the achievement of its objectives. 6. No debt or obligation shall be incurred by the said Committee unless duly authorized by resolution of the Council. 7. In carrying out the provisions of this By-law, the Committee shall at all times be the agent for the Village of Port Burwell and while acting Kona fide within the limits of the authority of this By-law, neither the Committee nor any member thereof shall incur any liability by reason of anything done or left undone by the Committee; provided however, that nothing in this paragraph contained shall authorize or empower the Committee to incur any debt, liability or obligation for which the Village of Port Burwell shall become liable without having previously obtained the consent of the Council of the Village of Port Burwell. 8. It shall he the duty and responsibility of the Chairman or, in his absence, Vice Chairman, to: 8.1 Advise the Director in regards to controls, regulations, maintenance, development, and usage of all facilities, artifacts, and properties; and the employment and performance of departmental personnel. 8.2 As required, recommend to the Director any revisions, additions, or amendments to the by-law for improvement to the management, control, regulations, maintenance and usage of facilities, parklands and properties. 8.3 Be responsible for the duties as stated in this by-law for the following parklands; Museum, Lighthouse, and additional facilities and articles of historical significance as designated by Council shall he contained in Schedule "B" attached hereto. 8.4 Assign suh-committee responsibilities on a yearly basis. 8.5 Liaison with the Horticultural Society, the Parks and Recreltion Committee R and the Business & Tourist Association. 8.6 In consultation with the Director, recommend the suspension of a Committee member for excessive absenteeism. The Chairman with the majority support of the Committee shall advise Council re: absent members, and where necessary, recommend to Council that appointments to the Committee he terminated due to members' attendance. 9. The amount of payment for Committee members shall he established by Council and based on monthly meetings and/or subcommittee meetings. Members absent from all Committee activities for a period of five consecutive months shall forfeit all payments for said period. Members absent from more than three meetings during the yearly term shall forfeit payments for all additional missed meetings. 10. The Committee Vice Chairman shall take on all Chairman responsibilities in the absence of the Chairman. 11. In the absence of the Director within the context of this bylaw the Administrator/Clerk- Treasurer or a delegate thereof shall assume the responsibilities. 12. It shall he an offence for any person or persons to do any of the acts hereinafter specified within the limits of Village museum and properties: a) To damage, destroy, injure, deface, tear up, damage to hum, dig, or marls any portion of museum lands and properties or any properties erected, installed or contained on properties. h) To dump, deposit or leave any refuse, garbage, garbage waste, paper, soil, sod, plants or any other debris type of domestic or industrial waste on or in the Museum or properties contained therein except in receptacles that may he provided for such purpose. c) To hill, maim or in any way molest or disturh any animal, hind or water fowl that is enclosed or to Animals whose habitat is on Museum land or Village properties. d) To lead, carry or otherwise take any animal upon or into the Museum, Lighthouse or properties other than designated areas. e) To conduct or participate in activities in areas that are designed specifically as historical, horticultural and landscaped sites, passive and sitting areas and facilities for young children. T f) To enter a "posted area" that is designated "no admittance" or "no trespassing". g) To contravene any posted rules and regulations relating to the operation of the Museum, Lighthouse or other Municipal properties. h) To conduct oneself in a manner that is detrimental to the safety and enjoyment of others using facilities, Museum, Lighthouse and properties. 13. It shall be an offence for any person or persons to do any of the acts hereinafter specified in this section within Museum, Lighthouse and properties without receiving prior written permission from the Recreation Director. The Recreation Director, Chairman or his designate, Committee is hereby authorized by Council to accept applications for and Authority Conduct issue any permits or written permission from the Council. a) To remove from parklands or properties any wood, turf, grass and other vegetation, soil, rocks, sand, gravel, dew worms or any form of equipment. h) To lead or bring animals of any nature into a Village facility or property, except as provided in 13(e) of this by-law. c) To conduct public meetings, gatherings, speeches, lectures, carnivals, festivals, large picnics, organized cultural events or other Animals on Properties such events which involve a large number of people. d) To operate or use any apparatus, mechanism device for the amplification of the human voice, music or other sound. e) To cause or create any unnecessary noise or disturbance that contravenes any Noise By-laws of the Village of Port Burwell in Village parkland or properties any time between the hours of 11:00 p.m. and 8:00 a.m. f) To turn on or tamper with any lighting control boxes for facilities or any equipment relative to parkland properties unless otherwise authorized. g) To distribute any handbills to post, place or erect any hills, notices, advertising device or matter of any hind or parklands or properties. h) To sell, offer or expose for sale for immediate or future delivery any; i) food, drink or refreshment; ii) goods, ware or merchandise; 7 iii) art, shill, service or work. i) To build or use a fire for any purpose without Fires receiving prior written permission from the Fire Department, the Director or the Administrator/Clerk-Treasurer. It shall also be an offence if any person or persons do not completely extinguish said fire when not in attendance. j) To carry or discharge any firearms, fire crackers, rockets, arrow, air guns, k) i) To drive or operate: Any vehicle, motorized vehicle or Vehicular motorized snow vehicle on any Village Museum lands or properties unless the said vehicle, motorized vehicle or motorized snow vehicle is licensed for use on public highways in Ontario or unless the vehicle, motorized vehicle or motorized snow vehicle is operated in an area specifically designated for use by that type of vehicle, motorized vehicle or motorized snow vehicle. 2. Any vehicle, motorized vehicle or motorized snow vehicle on public parkland roadways and parking areas operating in excess of 25 kilometres per hour or so as to interfere with or endanger any person in said parklands. 3. Any vehicle, motorized vehicle or motorized snow vehicle within a Village park or in or on any Village parkland or properties except upon roadways, parking areas and other areas intended for public use. ii To drive or operate vehicles such as snowmobiles, mini bikes or any other Recreational Vehicles motorized recreational vehicles upon any parklands with the exception of areas that are posted and designated for such purposes. iii) To park or leave standing: • 1. Any vehicle, motorized vehicle or Parking motorized snow vehicle on parkland property other than on areas posted or designated for parking; 0 2. Any vehicle, motorized vehicle or motorized snow vehicle in front of a public building, emergency exits, walkway entrances or in any way that will obstruct the normal flow of traffic on a public parr roadway or parking lot. 3. Any vehicle, motorized vehicle or Parking motorized snow vehicle for more than the Limit time specified on an official sign and in any event not for a longer period than three (3) hours between the hours of 12:01 o'clock a.m. and 8:00 o'clock a.m. of the same day. 4. Any vehicle, motorized vehicle or motorized snow vehicle discovered in contravention of this subsection shall be towed away and stored at the owner's expense. 14. The Council and organizations operating under its auspices may apply for and may he granted an annual permit which shall he deemed to cover all of its activities and programmes that may he undertaken in and on parklands and properties and shall be deemed to be written permission under this by-law for its activities where required by the by-law. 15. Every person who contravenes any of the provisions Penalty of this by-law is guilty of an offence and is liable, on summary conviction, to a penalty not exceeding One Thousand Dollars ($1,000.00) exclusive of costs for each such offence. 16. All by-laws, parts of by-laws or amendments passed by the Council of the Village of Port Burwell which are inconsistent with the provisions of this by-law are hereby repealed. This bylaw comes into force and effect on the date it receives final approval. W Read a first and second time this 23th day of May, 1995. Ili.W-0,110-40OAr-- Adminis ator/Clerk-Treasurer Read a third and this 23th day of May, 1995. ' istrator/Clem-Treasurer 10 r� e.rr V4 THE CORPORATION OF THE VILLAGE OF PORT BURWELL P. O. Box 10, Port Burwell, Ontario NOJ I TO telephone (519) 874-4343 • fax (519) 874-4948 Memo Date: May 17, 1995 To: Council From: D. Free Re: Bylaw 95-19 Council: Pursuant to Councillor Masons detailed attached request with regard to the above said, the amendments have been made with exception to the Additions. These are addressed on a point by point basis as follows; 1. Advisory Committees are not a decision malting entity in any municipal structure that I am aware of. The Municipal Act gives the authority to Council only to pass bylaws and have bylaws enacted by staff (Part VI of the Municipal Act). Typically Committees are not appraised of the bigger picture, associated liability for their actions, or a structure which any corporation operates. This is further reflected in general corporate practices. Corporations allow for the formation of unions and committees considering specific issues. These issues are brought to the attention of management assessed not only for the special interest but for their compliance with Legislation and the profitable operations of the company. At no time is the decision of any committee considered to he final. Having a number of decision malting bodies has in the past created controversy and chaos. This should be avoided at all costs. David R. Free, CET, AMCT(A) • Administrator/Clerk-Treasurer 2. Any Committee's mandate is to support council and advise only with respect to policy requirements as permitted by provincial and federal legislation. The bylaw is specific if the committee wishes to expand for consideration of council on other issues, a proposal should be submitted apart from the bylaw. Insofar as building and maintenance activities are concerned the municipal facilities are the responsibility of the municipal corporation. 3. A future curator would he a council/staff issue of which committees are advisors to council in this matter. Should a curator he proposed this should he done in the future. I would suggest however, a curator is very low on the staff requirements of the municipality and I would further suggest there are more impending requirements (supported by the recreation study) in the area of tourism and recreation. 4. A statement of purpose is included in the bylaw if the committee requires a more defined mission statement policies for the committee can be developed and considered by council. Insofar as replacing the Recreation Director with Museum Director is concerned, Director should he sufficient to ensure the integrity of the bylaw. The Recreation Director was typographical error and should not he considered to be anything further. In summary Council must he very cautious not to allow committees to perceive greater direct power than permitted by legislation. The power of any committee is reflected in decisions which are sound and supported not only by membership but logic and standard practices, Council will subsequently adopt these decisions. To incorporate decision malting authority is .providing the ground work for the future of controversy. I would suggest that council consult with their "Municipal World" magazines in this matter. Committees by their mandate a form of a "special interest group" of which must be regulated in order that their influence does not over power the mandate of the community or the "bigger picture". David Free 2 � r �ho.r,� rnadc = cc radC nct +C be rr 14 0V , s, 11� (,: t�Czr- MUSEUMM BY-LAW Suggested Amendments and Additions - '1 Delete Parks and Recreation. ✓ .; ';'Delete administration of community programmes, Facilities and parkland. Replace with administration of the museum, lightouse and artifacts. 'delete 8 persons, replace with 15 persons maximun . There is no 4 "At the end of a three year appointment, members may be reappointed. 5: a) b) c) January is not a convenient month to make appointments because of the seasonal members. I would suggest June Delete one-third of such members shall retire each year. We can't afford this changeover. Attrition introduces new blood. #o "Replace recreational activities with museum activities 6.,g) replace Recreation Director with Museum Directon-Y `r Replace Director with C.A.O. or Clerk -Administrator replace recreation system with plublic msuem facilities and activiti :$. replace recreation committees with museum committees. 6.n) replace recreation with museum .' replace community programme of recreation with museum programme. 9.2 replace Director with C.A.O.. Eliminate parlands.` 9.5 replace Director with C.A.O. and Council We must consider seasonal members who might miss 5 meetings in a row. eliminate all reference to recreation replace RecrMion with Museum Director Additions: 1. Confirm that the museum committe is a dicision making and x action forming committee. 2. A need to define specific responsibilities and expectations between Village administration and Museum Committee. Example - major repairs to buildings, major cleaning etc. 3. Can the By -Law allow for future implementation of a curator?� 4. A Statement of Purpose. Relating policies can be attached late. )p Village of Port Burwell Post Office Box.#10 21 Pitt Street Port Burwell, Ontario NOJ 1T0 BY-LAW 95-20 Being a by-law to establish a procedure governing the sale of real property. WHEREAS, the Municipal Act, RSO 1990, s. 193 p. 2 requires that wry Council with authority to sell or otherwise dispose of real property shall by by-law establish procedures governing the sale of real property; and WHEREAS, the by-law must include a provision that Council shall officially declare, by resolution, the real property to he surplus; and WHEREAS, the by-law must include a provision that Council shall obtain at least one appraisal of the fair market value of the real property; and WHEREAS, the by-law must include a provision that Council shall give notice to the public of the proposed sale; and WHEREAS, the by-law could include a provision authorizing different procedures for different classes of real property; and WHEREAS, the Minister, by regulations, has prescribed appraisal is not required; and NOW THEREFORE, the Municipal Council of the Corporation of the Village of Port Burwell enacts as follows: Council shall, at any time, by resolution, declare any of its real property to be surplus to the needs of the Village of Port Burwell and shall authorize the Committee responsible to take action as described in Schedule "A" attached hereto. 2. Tius by-law and Schedule "A" shall apply to all classes of land owned by the Village, save and except: a) classes of land described under Section 210.1 of the Municipal Act; and; b) surplus land acquired for road widening. which classes shall be subject to their own specific procedures. Read a first arasecond tijpe this 13t} day of June, 1995. mi ' trator/Clerk-Treasurer Read a third and fin 'me tlus 1 day of June 1995. Ad." trator/Clerlx-Treasurer 2 Village of Port Burwell Post Office Box # 10 21 Pitt Street Port Burwell, Ontario NOJ 1T0 BY-LAW 97-35 Being a by-law to amend by-law 95-20 being a by-law to establish a procedure governing the sale of real property. WHEREAS the Municipal Act, RSO 1990, s. 193 P. 2 requires that every Council with authority to sell or otherwise dispose of real property shall by by-law establish procedures governing the sale of real property; and WHEREAS the Council of the Village of Port Burwell wishes to pursue alternative methods of selling municipal property; NOW THEREFORE, the Municipal Council of the Corporation of the Village of Port Burwell amends by-law 95-20 by replacing the original Schedule "A" with the attached Schedule "A". Read a first and second 'me this 23th day of September, 1997. Reev Cler Read Zt6ird final time this 23t6 day of September 1997. 1IL&I Ree c.P Clerl Schedule "A" By -Law 95-20 Procedure - Sale of Real Property Obtain approval from any other agencies involved, if necessary. 2. Obtain a survey of the real property proposed to he disposed of from an independent surveyor in accordance with the laws of the Province of Ontario if deemed appropriate. 3. Obtain an appraisal of the real property proposed to be disposed of from an independent qualified appraiser who shall: i) be a registered member in good standing of the Appraisal Institute of Canada, ii) not be directly connected with any real estate hrokerage firm, ie a real estate agent, and iii) conduct business primarily in or near the local municipality where the proposed property to be disposed of is located. 4. Should the method be to sell the property by tender or request for quotations: i) costs incurred or required to dispose of the proposed real property including legal fees, survey, appraisal, encumbrances, advertising, improvement etc. shall be established ii) an estimated bid amount shall be established which shall be based upon the appraised value and shall be increased to include the amount of the costs referred to in clause 4(1) above iii) an advertisement shall be placed in local newspapers having general circulation in the Village of Port Burwell and which are intended to provide coverage throughout the entire geographic area of the Village of Port Burwell. Advertisements in the newspapers outside the Village of Port Burwell shall be at the discretion of Council. The advertisement shall include a brief description of the property, including a small location sketch and shall specify the dates involved with the sale. iv) the tender or quotation documents shall be submitted to the Village Administrator/Clerk-Treasurer and shall include the statement that "the highest or any offer may not necessarily be accepted" v) the newspaper advertisement shall provide a minimum of three full calendar weeps from the time it appears in the newspaper until the final sale is recommended to Council. 5. Should the method be to engage a real estate firm or broker: i) an appropriate advertisement shall he placed in a newspaper having general circulation in the area where the property is located. Advertisements in any other newspapers shall be at the discretion of the Council. The advertisement shall include a brief description of the property, including a small location sketch. ii) the Offers to Purchase shall he submitted to the Clerk on behalf of Council. ,ii) the Council shall determine by request for quotations the real estate commission payable by the municipality. 6. Should an alternative method be determined by Council: i) an appropriate advertisement shall be placed in a newspaper having general circulation in the area where the property is located. Advertisements in any other newspapers shall be at the discretion of the Council. The advertisement shall include a brief description of the property, including a small location sketch. ii) the Offers to Purchase shall be submitted to the Clerk on behalf of Council. 7. Auer issuing a public notice as required in the Act, Council may offer the surplus property to the abutting land owner. Village of Port Burwell Post Office Box #10 21 Pitt Street Port Burwell, Ontario NOJ 1T0 Resolution 970923-11 September 23, 1997 MOVED BY: SECONDED BY: BE IT RESOLVED, the Council of the Village of Port Burwell hereby declares the vacant lands at the comer of County Roads 42 & 39, being Plan 12, Part Lot 11, being 1.36 acres in size as surplus lands. CARRIED: Village of Port Burwell Post Office Box # 10 21 Pitt Street Port Burwell, Ontario NOJ 1TO Resolution 970923-12 September 23, 1997 MOVED BY: SECONDED BY: WHEREAS the Council of the Village of Port Burwell has declared the lands located at the corner of County Roads 42 & 39, being Plan 12, Part Lot 11, being 1.36 acres in size as being surplus lands; and, WHEREAS the Council of the Village of Port Burwell has decided to sell these lands. THEREFORE the Council of the Village of Port Burwell hereby directs the Acting Clerk to undertake the real estate option according to Schedule "A' of By -Law 95-20. CARRIED: _; BEING A BY-LAW TO ESTABLISH A PROCEDURE GOVERNING THE SALE OF REAL PROPERTY WHEREAS the Planning and Municipal Statute Law Amendment Act, 1994, requires that every Council with Authority to sell or otherwise dispose of real property shall by by-law establish procedures governing the We of real property; and WHEREAS the by-law must include a provision that Council shall officially declare, by resolution, the real property to be surplus; and WHEREAS the by-law must include a provision that Council shall obtain at least one appraisal of the fair market value of the real property; and WHEREAS the by-law must include a provision that Council shall give notice to the public ofthe proposed sale; and WHEREAS the by-law could include a provision authorizing different procedures for different classes of real property; and WHEREAS the Minister, by regulations, has prescribed classes of real property and certain public bodies for which an appraisal is not required; and NOW THEREFORE, the Municipal Council ofthe Corporation ofthe Village of Vienna enacts as follows: 1. Council shall at any time, by resolution, declare any of its real property to be surphis to the needs ofthe Village and shall be authorized to take action as described in Schedule "1" attached hereto. 2. This by-Lw and Schedule "1" shall apply to all classes of land owned by the Village, save and except: a) classes of land numbered 1, 3, 4, 5 and 8 described in Regulation 815/94, and b) classes of land described under Section 2 10. 1 of the Municipal Act; and c) surplus land acquired for road widening which classes shall be subject to their own specific procedures. READ A FIRST, SECOND AND THIRD TIME AND FINALLY PASSED THIS 18TH DAY OF JULY, 1995 REEVE ' ` — CLERK ra 1. Obtain approval from any other agencies involved, if necessary. 2. Obtain an appraisal of the real property proposed to be disposed of from an independent qualified appraiser who shall: i) be a registered member in good standing of the Appraisal Institute of Canada, ii) not be directly connected with any real estate brokerage firm, i-e. a real estate agent, and iii) conduct business primarily in or near the local municipality where the proposed property to be disposed of is located. 4. Sho, Id the method be to sell the property by tender or request for quotations: i) costs incurred or required to dispose of the proposed real property including legal fees, stuvey, appraisal, encumbrances, advertising, improvement, etc. shall be established ii) an estimate bid amount shall be established which shall be based on the appraisal value and shall be increased to include the amounts of the costs referred to in clause 4 (i) above iii) an advertisement shall be placed in local newspapers having general circulation in the area, and which are intended to provide coverage throughout the entire geographic area of Vienna. Advertisement in newspapers outside the local area of the Village of Vienna shall be at the discretion of the Council The advertisement shall include a brief description of the property, including a small location sketch and shall specify the dates involved with the sale. iv) the tender or quotation documents shall be submitted to the Village Clerk and shall include the statement that "the highest or any offer may not necessarily be accepted"; and after issuing a public notice as required in the Act, Council may offer the surplus property to the abutting land owner. i Ontario Regulation its/94 REGULATION MADE UNDER THT. Tilodt Decaaber 21, 1994 XUNICIPAL ACT Effectivet January 1, 119E DISPOSAL OF PROPERTY 1. A municipality or local board may sell the following classes of real property without obtaining an appraisal under subsection 193 (4) of the Act: 1. Land 0.3 metres or less in width acquired in connection with an approval or decision under the Planning Act. 2. Highways, roads and road allowances. 3. Land formerly used for railway branch lines if sold to an owner of land abutting the former railway land. 4. Land that does not have direct access to a highway if sold to the owner of land abutting that land. 5. Land repurchased by an owner in accordance with section 42 of the Expropriations Act. 6. Land to be used for sites for the establishment and carrying on of industries and of industrial operations and incidental uses. 7. Land sold under sections 112, 112.1, 112.2 and 113 of the Municipal Act. 6. Easements granted to public utilities or to telephone companies. 9. /U%t}+d sold under the Mutiietpa� lsies � 2. A municipality or local board may sell real property to the following classes of public bodies without obtaining an appraisal under subsection 193 (4) of the Act: 1. Any municipality, including a metropolitan, regional or district municipality and the County of Oxford. 2. A local board as -defined in the Municipal Affairs Act. 3. An authority under the Conservation Authorities Act, 4. The Crown in Right of Ontario or of Canada and their agencies. 3. A municipality or local board is not required to list the following classes of real property in the public register established under subsection 193 (7) of the Act: 1. Land 0.3 metres or less ir. width acquired in connection with an approval or decision under the Planning Act. 2. All highways, roads and road allowances, whether or not opened, unopened, closed or stopped up. 3. Land formerly used for railway branch lines. 4. This Regulation comes into force on the day that section 55 of the planning and Municipal Statute Law Amendment Act, 1994 comes into force. Minister of Muni cip Affairs CERTIFICATE OF COMPLIANCE FORM FOR USE WITH SECTION 193 OF THE MUNICIPAL ACT Certificate of Compliance with section 193 of the Municiaal Act in the sale or disposition of the real property described as: (Description may be attached) I hereby certify that: 1. The Municipality passed By-law (# f appl cable) on (date) It is a procedural by-law for the purposes of the sale or other disposition of real property and was in force on the date of the sale or disposition of the property described above. Delete if 2. The property was declared surplus under By-law or not Resolution enacted or applicable (# if applicable) passed on (date) Delete if 3. An appraisal of the fair market value of the not property was obtained on applicable (date) Delete if 4. The property sale or disposition is exempt from not the requirement to obtain an appraisal of its fair applicable market value under the following exemption: Delete if 5. Public notice of intent to sell or dispose of the not property was given by the following methods) applicable (describe method(s)) on the following date(s) (Signature of clerk or administrative head) FORM APPROVED DECEMBER 20, 1994 (Date) Village of Port Burwell Post Office Box #10 21 Pitt Street Port Burwell, Ontario NOJ 1TO BY-LAW 97-35 Being a by-law to amend by-law 95-20 being a by-law to establish a procedure governing the sale of real property. WHEREAS the Municipal Act, RSO 1990, s. 193 p. 2 requires that every Council with authority to sell or otherwise dispose of real property shall by by-law establish procedures governing the sale of real property; and WHEREAS the Council of the Village of Port Burwell wishes to pursue alternative methods of selling municipal property; NOW THEREFORE, the Municipal Council of the Corporation of the Village of Port Burwell amends by-law 95-20 by replacing the original Schedule "A" with the attached Schedule "A". Read a first and second "me this 23th day of September, 1997. Reev Cler Read a third a final time this 23th day of September 1997. Ree Clerk Schedule "A, By -Law 95-20 Procedure - Sale of Real Property Obtain approval from any other agencies involved, if necessary. 2. Obtain a survey of the real property proposed to be disposed of from an independent surveyor in accordance with the laws of the Province of Ontario if deemed appropriate. 3. Obtain an appraisal of the real property proposed to be disposed of from an independent qualified appraiser who shall: i) be a registered member in good standing of the Appraisal Institute of Canada, ii) not be directly connected with any real estate brokerage firm, ie a real estate agent, and iii) conduct business primarily in or near the local municipality where the proposed property to be disposed of is located. 4. Should the method be to sell the property by tender or request for quotations: i) costs incurred or required to dispose of the proposed real property including legal fees, survey, appraisal, encumbrances, advertising, improvement etc. shall he established ii) an estimated bid amount shall be established which shall be based upon the appraised value and shall be increased to include the amount of the costs referred to in clause 4(i) above iii) an advertisement shall be placed in local newspapers having general circulation in the Village of Port Burwell and which are intended to provide coverage throughout the entire geographic area of the Village of Port Burwell. Advertisements in the newspapers outside the Village of Port Burwell shall he at the discretion of Council. The advertisement shall include a brief description of the property, including a small location sketch and shall specify the dates involved with the sale. iv) the tender or quotation documents shall he submitted to the Village Administrator/Clem-Treasurer and shall include the statement that "the highest or any offer may not necessarily he accepted" v) the newspaper advertisement shall provide a minimum of three full calendar weeps from the time it appears in the newspaper until the final sale is recommended to Council. 5. Should the method be to engage a real estate firm or broker: i) an appropriate advertisement shall he placed in a newspaper having general circulation in the area where the property is located. Advertisements in any other newspapers shall be at the discretion of the Council. The advertisement shall include a brief description of the property, including a small location sketch. ii) the Offers to Purchase shall be submitted to the Clerk on behalf of Council. iii) the Council shall determine by request for quotations the real estate commission payable by the municipality. 6. Should an alternative method be determined by Council: i) an appropriate advertisement shall be placed in a newspaper having general circulation in the area where the property is located. Advertisements in any other newspapers shall be at the discretion of the Council. The advertisement shall include a brief description of the property, including a small location sketch. ii) the Offers to Purchase shall be submitted to the Clerk on behalf of Council. 7. After issuing a public notice as required in the Act, Council may offer the surplus property to the abutting land owner. Village of Port Burwell Post Office Box # 10 21 Pitt Street Port Burwell, Ontario NOJ 1T0 BY-LAW 95-20 Being a by-law to establish a procedure governing the sale of real property. WHEREAS, the Municipal Act, RSO 1990, s. 193 p. 2 requires that every Council with authority to sell or otherwise dispose of real property shall by by-law establish procedures governing the sale of real property; and WHEREAS, the by-law must include a provision that Council shall officially declare, by resolution, the real property to be surplus; and WHEREAS, the by-law must include a provision that Council shall obtain at least one appraisal of the fair market value of the real property; and WHEREAS, the by-law must include a provision that Council shall give notice to the public of the proposed sale; and WHEREAS, the by-law could include a provision authorizing different procedures for different classes of real property; and WHEREAS, the Minister, by regulations, has prescribed appraisal is not required; and NOW THEREFORE, the Municipal Council of the Corporation of the Village of Port Burwell enacts as follows: Council shall, at anytime, by resolution, declare any of its real property to be surplus to the needs of the Village of Port Burwell and shall authorize the Committee responsible to tape action as described in Schedule "A" attached hereto. 2. This by-law and Schedule "A" shall apply to all classes of land owned M by the Village, save and except: a) classes of land described under Section 2 10. 1 of the Municipal Act; and; b) surplus land acquired for road widening. which classes shall be subject to their own specific procedures. Read a first a�.second tide this 13tj day of June, 1995. OF m ' trator/Cleriz-Treasurer Read a third and WIm 2 Schedule "A" By -Law 95-20 Procedure - Sale of Real Property Obtain approval from any other agencies involved, if necessary. 2. Obtain a survey of the real property proposed to be disposed of from an independent surveyor in accordance with the laws of the Province of Ontario if deemed appropriate. 3. Obtain an appraisal of the real property proposed to be disposed of from an independent qualified appraiser who shall: i) be a registered member in good standing of the Appraisal Institute of Canada, ii) not be directly connected with any real estate brokerage firm, ie a real estate agent, and iii) conduct business primarily in or near the local municipality where the proposed property to be disposed of is located. 4. Should the method be to sell the property by tender or request for quotations: i) costs incurred or required to dispose of the proposed real property including legal fees, survey, appraisal, encumbrances, advertising, improvement etc. shall be established ii) an estimated bid amount shall be established which shall be based upon the appraised value and shall be increased to include the amount of the costs referred to in clause 4(i) above iii) an advertisement shall be placed in local newspapers having general circulation in the Village of Port Burwell and which are intended to provide coverage throughout the entire geographic area of the Village of Port Burwell. Advertisements in the newspapers outside the Village of Port Burwell shall be at the discretion of Council. The advertisement shall include a brief description of the property, including a small location sketch and shall specify the dates involved with the sale. K im iv) the tender or quotation documents shall be submitted to the Village Administrator/Clem-Treasurer and shall include the statement that "the Highest or any offer may not necessarily be accepted"; and after issuing a public notice as required in the Act, Council may offer the surplus property to the abutting land owner. 4 16 0 Port Burwell Bye--, Laws By -Laws # 95 - 21 -- 95 - 32 1995 The Corporation of the Village of Port Burwell PO Box 10 21 Pitt Street Port Burwell ON NOJ 1T0 By-law 95-21 • By -Law 95-21 being a Bylaw under the Building Code Act, 1992 respecting permits and related matters WHEREAS a Council may Regulate the Size and strength of walls etc., and the production of plans under the Municipal Act, RSO 1990, c. M.45, s. 210, p. 164, and; WHEREAS a Council may Regulate Removal and Wrecking of Buildings and Structures under the Municipal Act, RSO 1990, c. M.45, s. 210, p. 168, and; WHEREAS Section 7 of the Building Code Act, SO 1992, c. 23 authorizes a municipal council to pass bylaws concerning the issuance of permits and related matters. The Councilof the Village of Port Burwell THEREFORE ENACTS AS FOLLOWS: 1. SHORT TITLE This By-law may be cited as the "Building Permit Bylaw". 2.0 DEFINITIONS AND WORD USAGE In this By-law: 2.1 (a) "Act" means the Building Code Act, SO c. 23, 1992, as amended. (b) "applicant" means the owner of a building or property who applies for a permit or any person authorized by the, owner to apply for a t on the owner's behalf, or any person or corporation empowered by' statute to cause the demolition of a building or buildings and 1 anyone acting under the authority of such person or corporation (c) 'Building Code" means regulation made under Section 34 of the Act. (d) "Chief Building Official" means the Chief Building Official appointed by Council under Section 3 of the Act. (e) "owner" means the registered owner of the land and includes a lessee, mortgagee in possession, and the person in charge of the property. ({) "permit" means. permission or authorization given in writing by the Chief Building Official to perform work regulated by the Act and Building Code, or to occupy a building or part thereof. (g) "permit holder' means the person to whom the permit has been issued and who assumes the primary responsibility for complying with the Act and the Building Code. 2.2 Terms not defined in this By-law shall have the meaning ascribed to them in the Act or the Building Code. 3.0 CLASSES OF PERMITS Classes of permits required for construction demolition or change of use are set forth in Schedule "A" appended to and forming part of this Bylaw. 4.0 PERMITS 4.01 To obtain a permit, an applicant shall file an application in writing on forms prescribed by and available from the Chief building Official, and shall supply any other information relating to the application in accordance to Schedule "B" forming part of this bylaw and as required by the Chief Building Official. 2 4.02 Every building permit application shall: (a) identify and describe in detail the work, use and occupancy to he covered by the permit for which the application is made; (b) identify and describe in detail the existing uses and the proposed use(s) for *hick the premises are intended; (c) describe the land on which the work is to be done, by a description that will readily identify and locate the site on which the building or demolition is to occur; (d) be accompanied by plans and specifications as described in the By-law; (e) be accompanied by the required fees as calculated in accordance with Schedule "A" (f) state the names, addresses and telephone numbers of the owner, applicant, architect, engineer or other designer, and the constructor or person hired to carry out the demolition, as the case may be; (g) when Section 2.3 of the Building Code applies, be accompanied by assigned acknowledgement of the owner on a form prescribed by the Chief Building Official that an architect or professional engineer, or both, have been retained to carry out the general review of the construction or demolition of the building; (h) when Section 2.3 of the Building Code applies, be accompanied by a signed statement of the architect or professional engineer, or both, on a form prescribed by the Chief Building Official, undertaking to provide general review of the construction or demolition of the building; (i) include, where applicable, the registration number of the builder or vendor as provided in the Ontario New 3 Home Warranties Plan Act; (j) state estimated valuation of the proposed work including material and labour; and (k) be signed by the applicant who shall certify as to the truth of the contents of the application. 4.03 In addition to the requirements of subsection 4.02 above, every demolition permit application shall: (a) when Section 2.3 of the Building Code applies, be accompanied by structural design characteristics of building and the method and time schedule of the demolition; and (b) be accompanied by satisfactory proof that. arrangements have been made with the proper authorities for the termination and capping of all the water, sewer, gas, electric, telephone or other utilities and services. 4.04 In addition to the requirements of subsection 4.02 above, every construction permit application for part of a building shall. (a) include an application for the entire project; and (b) include plans and specifications covering the part of the work for which more expeditious approval is desired, together with such information pertaining to the remainder of the work as may be required by the Chief Building Official. 4.05 in addition to the requirements of subsection 4.02 above, every conditional permit application for the construction of a building shall: (a) state the reasons why the applicant believes that unreasonable delays in construction would occur if a conditional permit is not granted; and (b) state necessary approvals which must be obtained in 4 respect of the proposed building and the time in which such approvals will be obtained 4.06 In addition to the applicable requirements of subsection 4.02 above, every change of use permit application shall: _ (a) describe the building or part thereof in which the occupancy is to be changed, and; (b) include plans and. specifications which show the current and proposed occupancy of all parts of the budding& and which contain sufficient information to establish compliance with the requirements of the Building Code including, floor plans, details of wall, floor and roof assemblies identifying required fire resistance rating and load bearing capacities. 4.07 The Chief Building Official shall, where conditions in subsection 4.04 above have been fulfilled, issue a permit for part of a building subject to compliance with the Act, the Building Code and any applicable law. 4.08 The Chief Building Official may, where conditions in Subsection 8.3 to 8.05 of the Act and subsection 8.05 above have been fulfilled, issue a conditional. permit for a building subject to compliance with the Act, the Building Code and any applicable law. 4.09 The Chief Building Official shall not, by reason of the issuance of a permit or permits for a part or parts of the building issued under subsections 4.04 and 4.05 be under any obligation to grant any permit or permits therefore. 4.10 Where an application for a permit remains incomplete or inactive for six months after it is made, the application may be deemed by the Chief Building Official to have been abandoned and notice thereof shall be given to the applicant. 5.0 PLANS SPECIFICATIONS 5.1 Every applicant shall furnish at the expense of the applicant and in accordance respect of the proposed building and the time in which such approvals will be obtained 4.06 In addition to the applicable requirements of subsection 4.02 above, every change of use permit application shall: (a) describe the building or part thereof in which the occupancy is to be changed, and; (b) include plans and. specifications which show the current and proposed occupancy of all parts of the budding& and which contain sufficient information to establish compliance with the requirements of the Building Code including, floor plans, details of wall, floor and roof assemblies identifying required fire resistance rating and load bearing capacities. 4.07 The Chief Building Official shall, where conditions in subsection 4.04 above have been fulfilled, issue a permit for part of a building subject to compliance with the Act, the Building Code and any applicable law. 4.08 The Chief Building Official may, where conditions in Subsection 8.3 to 8.05 of the Act and subsection 8.05 above have been fulfilled, issue a conditional. permit for a building subject to compliance with the Act, the Building Code and any applicable law. 4.09 The Chief Building Official shall not, by reason of the issuance of a permit or permits for a part or parts of the building issued under subsections 4.04 and 4.05 be under any obligation to grant any permit or permits therefore. 4.10 Where an application for a permit remains incomplete or inactive for six months after it is made, the application may be deemed by the Chief Building Official to have been abandoned and notice thereof shall be given to the applicant. 5.0 PLANS SPECIFICATIONS 5.1 Every applicant shall furnish at the expense of the applicant and in accordance 5 to Schedule "B" forming part of this bylaw and to the satisfaction of the Chief Building Official; (a) sufficient plans, specifications, documents and other information in accordance to Schedule "B" forming part of this bylaw to enable the Chief Building Official to determine whether the proposed construction, demolition, or change of use conforms to the Act and the Building Code; and (b) a site plan referenced to a current plan of survey certified by a registered Ontario Land Surveyor and a copy of such a survey shall be filed with the municipality unless this requirement is waived because the Chief Building Official is able, without having a current plan of survey, to determine whether the proposed work conforms to the Act, the Building Code, and any other applicable law. The site plan will include information as follows; i) lot size and dimensions of property; ii) setbacks from existing and proposed buildings to property boundaries and to each other; iii) existing and finished ground levels or grades referenced to the centre line of an adjacent road or roadways, and/or the top of sanitary manhole, and/or a geodetic bench marl, or other permanent topographic feature as approved by the Chief Building Official; and iv) existing rights of way, easements and municipal services. 5.2 Plans submitted shall be legible and be drawn to a standard architectural or engineering scale upon paper or other suitable and durable material in accordance to Schedule "B" forming part of this 0 bylaw. 5.3 The Chief Building Official shall require the 2 sets of plans, specifications, documents and other information to be furnished with an application for permit having regard for the requirements of any Act, regulation or Bylaw respecting the examination or circulation of the application in accordance with Schedule "B" forming part of this bylaw. 5.4 On completion of the construction of a building, the Chief Building Official shall require a set of "As Constructed" plans, including a plan of survey showing the location of the building, municipal servicing, public utilities and other significant surface and subsurface topographical features. 5.5 Plans and specifications furnished according to this bylaw or otherwise required by the Act shall become the property of the municipality and will be disposed of or retained in accordance with relevant legislation. Originals or Copies of plans and specifications shall not be provided or copied for any person and for any reason. 6.0 FEES 6.1 The Chief Building Official shall determine the required fees calculated in accordance with Schedule "A" for the work proposed and the applicant shall pay such fees. No permit shall be issued until the fees therefore have been paid in full. 6.2 Upon written request, the Chief building official shall with the prior consent of the Administrator/Clerk-Treasurer determine the amount of fees, if any, that may be refunded in accordance with Schedule "A" in the case of. (a) withdrawal of an application, (b) abandonment of an application pursuant to subsection 4.10 above, (c) refusal to issue permits or (d) request for revocation of a permit pursuant to Clause 8.10(e) of the Act. 7 bylaw. 5.3 The Chief Building Official shall require the 2 sets of plans, specifications, documents and other information to be furnished with an application for permit having regard for the requirements of any Act, regulation or Bylaw respecting the examination or circulation of the application in accordance with Schedule "B" forming part of this bylaw. 5.4 On completion of the construction of a building, the Chief Building Official shall require a set of "As Constructed" plans, including a plan of survey showing the location of the building, municipal servicing, public utilities and other significant surface and subsurface topographical features. 5.5 Plans and specifications furnished according to this bylaw or otherwise required by the Act shall bt-come the property of the municipality and will be disposed of or retained in accordance with relevant legislation. Originals or Copies of plans and specifications shall not be provided or copied for any person and for any reason. 6.0 FEES 6.1 The Chief Building Official shall determine the required fees calculated in accordance with Schedule "A" for the work proposed and the applicant shall pay such fees. No permit shall be issued until the fees therefore have been paid in full. 6.2 Upon written request, the Chief building official shall with the prior consent of the Administrator/Clerk-Treasurer determine the amount of fees, if any, that may be refunded in accordance with Schedule "A" in the case of. (a) withdrawal of an application, (b) abandonment of an application pursuant to subsection 4.10 above, (c) refusal to issue permits or (d) request for revocation of a permit pursuant to Clause 8.10(e) of the Act. 7 6.3 Subject to subsection 7.1, there shall be no refund of permit fees where a permit has been revolted. 7.0 PERMIT REVOCATION, DEFERRAL OF REVOCATION AIND TRANSFER 7.1 Revocation of Permit Prior to revolting a permit under Clauses 8.10(a) through (f)of the Act, the Chief Building Official shall give written notice of intention to revoke to the permit holder at his/hers last known address and if on the expiration of thirty (30) days from the date of such notice, the ground for revocation continues to exist, the permit may be revoked without further notice and all submitted plans and other information may be disposed of. 7.2 Deferral of Revocation (a) On receipt of a notice of intention to revoke a permit, a permit holder may request in writing within thirty (30) days from the date thereof the Chief Building Official to defer the revocation of such permit. (b) A request for deferral shall set out the reasons why the permit should not be revoked and 'the date by which the work will be commenced or resumed (c) Having considered the circumstances of the request and having determined that there have been no changes to the Act and the Building Code and any other applicable law which would have prevented the issuance of the original permit, the Chief Building Official may allow a deferral to a prescribed date. and shall notify the permit holder. (d) A request for deferral of revocation is subject to a fee in accordance with Schedule "A". 7.3 Transfer of Permit (a) Permits are transferrable only upon the new owner �3 completing a permit application to the requirements of section 4. (b) A fee, as prescribed in Schedule "A" shall be payable on a transfer of permit by the new owner who shall thenceforth be the permit holder for the purpose of the Act and the Building Code. 8.0 NOTIFICATIONS 8.1 Notices for inspections respecting stages of construction required by the Building Code shall be given by the permit holder to the Chief Building Official at least two business days in advance of each stage of construction specified therein. 8.2 A notice pursuant to this section is not effective until written or oral notice is received by the Chief Building Official. 9.0 SEVERABILITY Should any section, subsection, clause or provision of this Bylaw be declared by a court of competent junction to be invalid the same shall not affect the validity of this Bylaw as a whole or any part thereof, other than the part so declared to be invalid 10.0 Bylaws 286, 92-05 and all by-laws, parts of by-laws or amendments passed by the Council of the Village of Port Burwell which are inconsistent with the provisions of this by-law are hereby repealed. 0 *Read a first aond time this 25tWj ay of April, 1995. Read of April, 1995. 10 Schedule „A" Classes of Permits and Fees A. ASSEMBLY OCCUPANCY STRUCTURES 1. All Buildings forming as Assembly Occupancy - $45.00 plus $3.00 per $1,000.00 of construction cost. 2. Additions and Renovations to Building forming as Assembly Occupancy - $45.00 plus $3.00 per $1,000.00 of construction cost. B. INDUSTRIAL BUILDINGS & STRUCTURES 1. All Buildings forming as Industrial Occupancy - $45.00 plus $3.00 per $1,000.00 of construction cost. 2. Additions and Renovations to Building forming as Industrial Occupancy - $45.00 plus $3.00 per $1,000.00 of construction cost. C. INSTITUTIONAL BUILDINGS & STRUCTURES 1. All Buildings forming as Institutional Occupancy - $45.00 plus $3.00 per $1,000.00 of construction cost. 2. Additions and Renovations to Building forming as Assembly Occupancy - $45.00 plus $3.00 per $1,000.00 of construction cost. D. RESIDENTIAL BUILDINGS & STRUCTURES 1. Single Family & Multiple Dwelling Units - $0.20 per sq. ft gross floor area exclusive of basement. 2. Additions to Single Family & Multiple Dwelling Units - $30.00 plus $0.20 per sq. ft gross floor area exclusive of basement. 3. Renovations to Single Family & Multiple Dwelling Units - $30.00 plus $0.20 per sq. ft gross floor area exclusive of basement. 11 4. Accessory Buildings, Car Port, Sleds etc. (a) Garages, Car Ports etc. - $60.00 per unit (b) Structures under 110 sq. ft - $30.00 per unit • (c) Renovations of Accessory Buildings - $25.00 per unit E. DEMOLITION PERMITS: I. Assembly Occupancy Buildings - $100.00 2. Institutional Occupancy Buildings - $500.00 3. Industrial Occupancy Buildings - $500.00 4. Mercantile Occupancy Buildings - $100.00 5. Residential Buildings - $ 25.00 F. PLUMBING PERMITS Assembly, Mercantile or Residential Occupancy - $45.00 per unit G. - SWIMMING POOLS - $25.00 plus $0.05 per $1,000.00 of construction cost H. SIGNS - $30.00 per unit 14 1 12 Schedule "B" Standards for Plans A. ASSEMBLY OCCUPANCY STRUCTURES Plans, details and specifications for structural, civil, electrical and mechanical engineering disciplines as prepared by a professional engineer holding a certificate of authorization to practice professional engineering and architectural plans, details and specifications as prepared by a licensed architect holding a certificate of authorization to practice architecture. B. INDUSTRIAL BUILDINGS & STRUCTURES Plans, details and specifications for structural, civil, electrical and mechanical engineering disciplines as prepared by a professional engineer holding a certificate of authorization to practice professional engineering and architectural plans, details and specifications as prepared by a licensed architect holding a certificate of authorization to practice architecture. C. INSTITUTIONAL BUILDINGS & STRUCTURES Plans, details and specifications for structural, civil, electrical and mechanical engineering disciplines as prepared by a professional engineer holding a certificate of authorization to practice professional engineering and architectural plans, details and specifications as prepared by a licensed architect holding a certificate of authorization to practice architecture. D. RESIDENTIAL BUILDINGS & STRUCTURES Drawings prepared to a standard architectural/engineering scale which provides Front, Rear, Side Elevations (each side of proposed construction) which clearly displays the proposed construction providing measurements to indicate ceiling and building heights, top of foundation wall, floor elevations, specifications (as may be applicable) and footing elevations. Plans views prepared to standard architectural/engineering scale which provides basement plans (to include foundation/footing layout and other significant structural 13 elements), door plans, site plan (including the location of services. All drawings shall be updated as necessary and at the discretion of the Chief Building Official to provide "As Built" conditions of the structure during and subsequent to construction completion. E. DEMOLITION PERMITS: A scaled site plan illustrating topographic details and the extent of the demolition. Partial demolition projects for any parts of buildings under the categories of Assembly Occupancy, Industrial and Institutional Buildings shall be reviewed by an architect or professional engineer providing a report with respect to the effects of the demolition on the remaining part of the structure or structures. F. PLUMBING PERMITS A scaled plan illustrating the layout of proposed plumbing and the various elements of construction. G. SWIMMING POOLS A scaled site plan drawing illustrating topographic details and the extent of the construction including other construction drawings and plans, elevations, details and sections to the satisfaction of the Chief Building Official. H. SIGNS Detailed scaled structural and site drawings including specifications shall be prepared by a licensed professional engineering and be submitted for Roof Signs, Projecting Signs, Pylon Signs (free- standing vertical column(s) constructed permanently into the ground which has been designed and constructed as a unit and which has a minimum clearance of 3.5 metres). 14 The Corporation of the Village of Port Burwell PO Box 10 21 Pitt Street Port Burwell ON NOJ 1T0 By-law 96-33 Being a by-law to amend By -Law 95-21 being a bylaw under the Building Code Act, 1992 respecting permits and related matters WHEREAS a Council may Regulate the Size and strength of walls etc., and the production of plans under the Municipal Act, RSO 1990, c. M.45, s. 210, p. 164, and; WHEREAS a Council may Regulate Removal and Wrecking of Buildings and Structures under the Municipal Act, RSO 1990, c. M.45, s. 210, p. 168, and; WHEREAS Section 7 of the Building Code Act, SO 1992, c. 23 authorizes a municipal council to pass bylaws concerning the issuance of permits and related matters. AND WHEREAS the Council of the Corporation of the Village of Port Burwell has passed By-law 95-21 and deems it necessary to amend the same. Now therefore the council of the Corporation of the Village of Port Burwell hereby amends By-law 95-21 to provide for the addition of Schedule "C", to amend Sections 4.01, 5.1, 5.2 and 5.3 and add Section I and J to Schedule "A" as follows; 4.01 To obtain a permit, an applicant shall file an application in writing on forms prescribed by and available from the Chief building Official, and shall supply any other information relating to the application in accordance to Schedule "B" and Schedule "C" forming part of this bylaw and as required by the Chief Building Official. 5.1 Every applicant shall furnish at the expense of the applicant and in accordance to Schedule "B" and Schedule "C" forming part of this bylaw and to the satisfaction of the Chief Building Official; 5.2 Plans submitted shall be legible and be drawn to a standard architectural or engineering scale upon paper or other suitable and durable material in accordance to Schedule "B" and Schedule "C" forming part of this bylaw. 5.3 The Chief Building Official shall require the 2 sets of plans, specifications, documents and other information to be furnished with an application for permit having regard for the requirements of any Act, regulation or Bylaw respecting the examination or circulation of the application in accordance with Schedule "B" and Schedule "C" forming part of this bylaw. Residential Decks - $30.00 per deck Roofing (Replacement of Shingles/Sheeting) - $30.00 This by-law shall come into force and take effect immediately upon final passage thereof. Read a first and second time this 25th day of June, 1996. 4 / ReWe Adm' istrator/Cleriz-Treasurer Read a thir nd final ' e this 25th day of June, 1996. R e A istrator/Cleriz-Treasurer ON Schedule "C" Standards for Residential Structures A. Minimum Ground Floor Area: i) 950 sq. ft (85.5sq. m) for a single storey, single family dwelling. ii) 950 sq. ft (85.5sq. m) for a single dwelling unit of a semi-detached dwelling. iii) 850 sq. ft (76.5sq. m) for a split level single family dwelling. iv) 750 sq. ft (67.5sq. m) for a single family dwelling having more than one storey. K 1 The Corporation of the Village of Port Burwell PO Box 10 21 Pitt Street Port Burwell ON NOJ 1T0 By-law 95-21 By -Law 95-21 being a Bylaw under the Building Code Act, 1992 respecting permits and related matters WHEREAS a Council may Regulate the Size and strength of walls etc., and the production of plans under the Municipal Act, RSO 1990, c. M.45, s. 210, p. 164, and; WHEREAS a Council may Regulate Removal and wrecking of Buildings and Structures under the Municipal Act, RSO 1990, C. M.45, s. 210, p. 168, and; WHEREAS Section 7 of the Building Code Act, SO 1992, c. 23 authorizes a municipal council to pass bylaws concerning the issuance of permits and related matters. The Council of the Village of Port Burwell THEREFORE ENACTS AS FOLLOWS: 1. SHORT TITLE This By-law may be cited as the "Building Permit Bylaw'. 2.0 DEFINITIONS AND WORD USAGE In this By-law: 2.1 (a) "Act" means the Building Code Act, SO c. 23, 1992, as amended. (b) "applicant" means the owner of a building or property who applies for a permit or any person authorized by the, owner to apply for a t on the owner's behalf, or any person or corporation empowered by statute to cause the demolition of a building or buildings and anyone acting under the authority of such person or corporation (c) "Building Code" means regulation made under Section 34 of the Act. (d) "Chief Building Official" means the Chief Building Official appointed by Council under Section 3 of the Act. (e) "owner" means the registered owner of the land and includes a lessee, mortgagee in possession, and the person in charge of the property. (�) "permit" means. permission or authorization given in writing by the Chief Building Official to perform work regulated by the Act and Building Code, or to occupy a building or part thereof. (g) "permit holder' means the person to whom the permit has been issued and who assumes the primary responsibility for complying with the Act and the Building Code. 2.2 Terms not defined in this By-law shall have the meaning ascribed to them in the Act or the Building Code. 3.0 CLASSES OF PERMITS Classes of permits required for construction demolition or change of use are set forth in Schedule "A" appended to and forming part of this Bylaw. 4.0 PERMITS 4.01 To obtain a permit, an applicant shall file an application in writing on forms prescribed by and available from the Chief building Official, and shall supply any other information relating to the application in accordance to Schedule "B" forming part of this bylaw and as required by the Chief Building Official. 2 N 4.02 Every building permit application shall: (a) identify and describe in detail the work, use and occupancy to be covered by the permit for which the application is made; (b) identify and describe in detail the existing uses and the proposed use(s) for which the premises are intended; (c) describe the land on which the work is to be done, by a description that will readily identify and locate the site on which the building or demolition is to occur; (d) be accompanied by plans and specifications as described in the By-law; (e) be accompanied by the required fees as calculated,in accordance with Schedule "A" (f) state the names, addresses and telephone numbers of the owner, applicant, architect, engineer or other designer, and the constructor or person hired to carry out the demolition, as the case may be; (g) when Section 2.3 of the Building Code applies, be accompanied by assigned acknowledgement of the owner on a form prescribed by the Chief Building Official that an architect or professional engineer, or both, have been, retained to carry out the general review of the construction or demolition of the building; (h) when Section 2.3 of the Building Code applies, be accompanied by a signed statement of the architect or professional engineer, or both, on a form prescribed by the Chief Building Official, undertaking to provide general review of the construction or demolition of tloe _ building; (i) include, where applicable, the registration number of the builder or vendor as provided in the Ontario New 3 Home Warranties Plan Act; (j) state estimated valuation of the proposed work including material and labour; and (k) be signed by the applicant who shall certify as to the truth of the contents of the application. 4.03 In addition to the requirements of subsection 4.02 above, every demolition permit application shall: (a) when Section 2.3 of the Building Code applies, be accompanied by structural design characteristics of building and the method and time schedule of the demolition; and (b) be accompanied by satisfactory proof that. arrangements have been made with the proper authorities for the termination and capping of all the water, sewer, gas, electric, telephone or other utilities and services. 4.04 In addition to the requirements of subsection 4.02 above, every construction permit application for part of a building shall. (a) include an application for the entire project; and (b) include plans and specifications covering the part of the work for which more expeditious approval is desired, together with such information pertaining to the remainder of the work as may be required by the Chief Building Official. 4.05 in addition to the requirements of subsection 4.02 above, every conditional permit application for the construction of a building shall: (a) state the reasons why the applicant believes that unreasonable delays in construction would occur if a conditional permit is not granted; and (b) state necessaryapprovals which must be obtained in respect of the proposed building and the time in which such approvals will be obtained 4.06 In addition to the applicable requirements of subsection 4.02 above, every change of use permit application shall: (a) describe the building or part thereof in which the occupancy is to be changed, and; (b) include plans and. specifications which show the current and proposed occupancy of all parts of the buildings and which contain sufficient information to establish compliance with the requirements of the Building Code including, floor plans, details of wall, floor and roof assemblies identifying required fire resistatice rating and load bearing capacities. 4.07 The Chief Building Official shall, where conditions in subsection 4.04 above have been fulfilled, issue a permit for part of a building subject to compliance with the Act, the Building Code and any applicable law. 4.08 The Chief Building Official may, where conditions in Subsection 8.3 to 8.05 of the Act and subsection 8.05 above have been fulfilled, issue a conditional. permit for a building subject to compliance with the Act, the Building Code and any applicable law. , 4.09 The Chief Building Official shall not, by reason of the issuance of a permit or permits for a part or parts of the building issued under subsections 4.04 and 4.05 be under any obligation to grant any permit or permits therefore. 4.10 Where an application for a permit remains incomplete or inactive for six months after it is made, the application may he deemed by the Chief Building Official to have been abandoned and notice thereof shall be given to the applicant. 5.0 PLANS SPECIFICATIONS 5.1 Every applicant shall furnish at the expense of the applicant and in accordance 5 to Schedule "B" forming part of this bylaw and to the satisfaction of the Chief Building Official; (a) sufficient plans, specifications, documents and other information in accordance to Schedule "B" forming part of this bylaw to enable the Chief Building Official to determine whether the proposed construction, demolition, or change of use conforms to the Act and the Building Code; and (b) a site plan referenced to a current plan of survey certified by a registered Ontario Land Surveyor and a copy of such a survey shall be filed with the municipality unless this requirement is waived because the Chief Building Official is able, without having a current plan of survey, to determine whether the proposed work conforms to the Act, the Building Code, and any other applicable law. The site plan will include information as follows; i) lot size and dimensions of property; ii) setbacks from existing and proposed buildings to property boundaries and to each other; iii) existing and finished ground levels or grades referenced to the centre line of an adjacent road or roadways, and/or the top of sanitary manhole, and/or a geodetic bench mark, or other permanent topographic feature as approved by the Chief Building Official; and iv) existing rights of way, easements and municipal services. 5.2 Plans submitted shall be legible and be drawn to a standard architectural or engineering scale upon paper or other suitable and durable material in accordance to Schedule "B" forming part of this bylaw. 5.3 The Chief Building Official shall require the 2 sets of plans, specifications, documents and other information to be furnished with an application for permit having regard for the requirements of any Act, regulation or Bylaw respecting the examination or circulation of the application in accordance with Schedule "B" forming part of this bylaw. 5.4 On completion of the construction of a building, the Chief Building Official shall require a set of "As Constructed" plans, including a plan of survey showing the location of the building, municipal servicing, public utilities and other significant surface and subsurface topographical features. 5.5 Plans and specifications furnished according to this bylaw or otherwise required by the Act shall become the property of the municipality and will be disposed of or retained in accordance with relevant legislation. Originals or Copies of plans and specifications shall not he provided or copied for any person and for any reason. 6.0 FEES 6.1 The Chief Building Official shall determine the required fees calculated in accordance with Schedule "A" for the work proposed and the applicant shall pay such fees. No permit shall be issued until the fees therefore have been paid in full. 6.2 Upon written request, the Chief building official shall with the prior consent of the Administrator/Clerk-Treasurer determine the amount of fees, 9 any, that may he refunded in accordance with Schedule "A" in the case of. (a) withdrawal of an application, (h) abandonment of an application pursuant to subsection 4.10 above, (c) refusal to issue permits or J* (d) request for revocation of a permit pursuant to Clause 8.10(e) of the Act. 7 To 6.3 Subject to subsection 7.1, there shall be no refund of permit fees where a permit has been revolted. PERMIT REVOCATION, DEFERRAL OF REVOCATION AND TRANSFER 7.1 Revocation of Permit Prior to revolting a permit under Clauses 8.10(a) through (f)of the Act, the Chief Building Official shall give written notice of intention to revoke to the permit holder at his/hers last known address and if on the expiration of thirty (30) days from the date of such notice, the ground for revocation continues to exist, the permit may be revolted without further notice and all submitted plans and other information may be disposed of. 7.2 Deferral of Revocation (a) On receipt of a notice of intention to revoke a permit, a permit holder may request in writing within thirty (30) days from the date thereof the Chief Building Official to defer the revocation of such permit. (b) A request for deferral shall set out the reasons why the permit should not be revolted and 'the date by which the work will be commenced or resumed (c) Having considered the circumstances of the request and having determined that there have been no changes to the Act and the Building Code and any other applicable law which would have prevented the issuance of the original permit, the Chief Building Official may allow a deferral to a prescribed date. and shall notify the permit holder. (d) A request for deferral of revocation is subject to a fee in accordance with Schedule "A". 7.3 Transfer of Permit Q5-1111� (a) Permits are transferrable only upon the new owner H. completing a permit application to the requirements of section 4. (b) A fee, as prescribed in Schedule "A, shall be payable on a transfer of permit by the new owner who shall thenceforth be the permit holder for the purpose of the Act and the Building Code. 8.0 NOTIFICATIONS 8.1 Notices for inspections respecting stages of construction required by the Building Code shall be given by the permit holder to the Chief Building Official at least two business days in advance of each stage of construction specified therein. 8.2 A notice pursuant to this section is not effective until written or oral notice is received by the Chief Building Official. 9.0 SEVERABILITY Should any section, subsection, clause or provision of this Bylaw be declared by a court of competent junction to be invalid the same shall not affect the validity of this Bylaw as a whole or any part thereof, other than the part so declared to be invalid 10.0 Bylaws 286, 92-05 and all by-laws, parts of by-laws or amendments passed by the Council of the Village of Port Burwell which are inconsistent with the provisions of this by-law are hereby repealed. 0 • Read a first and-05ond time this 25t ay of April, 1995. Read a third and final times 25th day of April, 1995. J r�T ator/Clerk-Treasurer 10 ScheJule "A" Classes of Permits and Fees 1 A. ASSEMBLY OCCUPANCY STRUCTURES 1. All Buildings forming as Assembly Occupancy - $45.00 plus $3.00 per $1,000.00 of construction cost. 2. Additions and Renovations to Building forming as Assembly Occupancy - $45.00 plus $3.00 per $1,000.00 of construction cost. B. INDUSTRIAL BUILDINGS & STRUCTURES 1. All Buildings forming as Industrial Occupancy - $45.00 plus $3.00 per $1,000.00 of construction cost. 2. Additions and Renovations to Building forming as Industrial Occupancy - $45.00 plus $3.00 per $1,000.00 of construction cost. C. INSTITUTIONAL BUILDINGS & STRUCTURES 1. All Buildings forming as Institutional Occupancy - $45.00 plus $3.00 per $1,000.00 of construction cost. 2. Additions and Renovations to Building forming as Assembly Occupancy - $45.00 plus $3.00 per $1,000.00 of construction cost. D. RESIDENTIAL BUILDINGS & STRUCTURES 1. Single Family & Multiple Dwelling Units - $0.20 per sq. ft gross floor area exclusive of basement. 2. Additions to Single Family & Multiple Dwelling Units - $30.00 plus $0.20 per sq. ft gross floor area exclusive of basement. 3. Renovaons to Single Family & Multiple Dwelling Units - $30.00 plus $0.20 per sq. ft gross floor area exclusive of basement. 4. Accessory Buildings, Car Port, Sheds etc. (a) Garages, Car Ports etc. - $60.00 per unit (b) Structures under 110 sq. {t - $30.00 per unit (c) Renovations of Accessory Buildings - $25.00 per unit E. DEMOLITION PERMITS: 1. Assembly Occupancy Buildings - $100.00 2. Institutional Occupancy Buildings - $500.00 3. Industrial Occupancy Buildings - $500.00 4. Mercantile Occupancy Buildings - $100.00 5. Residential Buildings - $ 25.00 F. PLUMBING PERMITS Assembly, Mercantile or Residential Occupancy - $45.00 per unit G. SWIMMING POOLS - $25.00 plus $0.05 per $1,000.00 of construction cost H. SIGNS - $30.00 per unit `1 12 schedule "B" Standards for Plans A. ASSEMBLY OCCUPANCY STRUCTURES Plans, details and specifications for structural, civil, electrical and mechanical engineering disciplines as prepared by a professional engineer holding a certificate of authorization to practice professional engineering and architectural plans, details and specifications as prepared by a licensed architect holding a certificate of authorization to practice architecture. B. INDUSTRIAL BUILDINGS & STRUCTURES Plans, details and specifications for structural, civil, electrical and mechanical engineering disciplines as prepared by a professional engineer holding a certificate of authorization to practice professional engineering and architectural plans, details and specifications as prepared by a licensed architect holding a certificate of authorization to practice architecture. C. INSTITUTIONAL BUILDINGS & STRUCTURES Plans, details and specifications for structural, civil, electrical and mechanical engineering disciplines as prepared by a professional engineer holding a certificate of authorization to practice professional engineering and architectural plans, details and specifications as prepared by a licensed architect holding a certificate of authorization to practice architecture. D. RESIDENTIAL BUILDINGS & STRUCTURES Drawings prepared to a standard arclutectural/engmeering scale which provides Front, Rear, Side Elevations (each side of proposed construction) which clearly displays the proposed construe.Lon providing measurements to indicate ceiling and building heights, top of foundation wall, floor elevations, specifications (as may be applicable) and footing elevations. Plans views prepared to standard architectural/engineering scale which provides basement plans (to include foundation/footing layout and ether significant structural 13 ni elements), floor plans, site plan (including the location of services. All drawings shall be updated as necessary and at the discretion of the Chief Building Official to provide "As Built" conditions of the structure during and subsequent to construction completion. E. DEMOLITION PERMITS: A scaled site plan illustrating topographic details and the extent of the demolition. Partial demolition projects for any parts of buildings under the categories of Assembly Occupancy, Industrial and Institutional Buildings shall be reviewed by an architect or professional engineer providing a report with respect to the effects of the demolition on the remaining part of the structure or structures. F. PLUMBING PERMITS A scaled plan illustrating the layout of proposed plumbing and the various elements of construction. G. SWIMMING POOLS A scaled site plan drawing illustrating topographic details and the extent of the construction including other construction drawings and plans, elevations, details and sections to the satisfaction of the Chief Building Official. H. SIGNS Detailed scaled structural and site drawings including specifications shall he prepared by a licensed professional engineering and be submitted for Roof Signs, Projecting Signs, Pylon Signs (free- standing vertical column(s) constructed permanently into the ground which has been designed and constructed as a unit and which has a minimum clearance of 3.5 metres). 14 and protecting ourselves and the public from themselves. �I would personally advocate the preparation of drawings as a good planning exercise for the owners of the building or project. A good set of drawings will provide savings for the owner and clear direction to the builder removing any element for dispute during the construction process. Please review the attached at your earliest convenience expressing any concerns otherwise the bylaw shall be presented for consideration at the April 25, 1995 council meeting. Da . Free Encls. PS I have consulted with Ed Matthew of Ed Mathews Carpentry with respect to the principal of this bylaw and he is in favour and highly recommends the preparation of a good set of building plans to his clients as a hasic way to save money for any and all projects. K Village of Port Burwell Post Office Box #10 21 Pin Street Port Burwell, Ontario NOJ !TO Memo To: Council From: D. Free Re: Building Inspection and Planning within the Municipality of the Village of Port Burwell Date: October 6, 1993 Of recent date a number of issues have arisen with regards to planning and building inspections and building permit applications. In order to eliminate works on behalf of the municipality and to ensure the integrity of applications, it is necessary to implement a policy whereby each application must submit detailed and professionally prepared drawings as well as a legal survey of the subject property in order to eliminate the possibility of erroneous data and liability with respect to the municipality commensurate with the applications. Particularly in the instance of minor variances, severnces and new building projects there is opportunity for error. The building code makes provision for this requirement and is at our jurisdiction and to require this information this requirement can be construed as potentially haphazard and without thought for the integrity of the information which the municipality is obliged to keep on file for eternity. I await for Council 's further direction and input in this matter in order that the appropriate policy statement can be formulated. D. Free APR 10 195 12:03 ORO 705 487 0133 P.2i6 93/07/05 Final THE CORPORATION OF THE By -Law Number WHEREAS Section 7 of the Building Code Act, 1992, authorizes a municipal council to pass by-laws concerning the issuance of permits and related matters. THEREFORE THE COUNCIL OF ENACTS AS FOLLOWS: L SHORT TIRE This By-law may be cited as the "Building Permit By-law". 2. DEFINMONS AND WORD USAGE In this By-law: (1) (a) "Act" means the Building Code Act,1992, as amended. (b) "applicant" means the owner of a building or property who applies for a permit or any person authorized by the owner to apply for a permit on the owner's behalf, or any person or corporation empowered by statute to cause the demolition of a building or buildings and anyone acting under the authority of such person or corporation. (c) "Building Code" means the regulation made under Section 34 of the Act. (d) "Chief Building Official' means the Chief Building Official appointed by Council under Section 3 of the Act. (e) "owner" means the registered owner of the land and includes a lessee, mortgagee in possession, and the person in charge of the property. (f) "permit" means permission or authorization given in writing by the Chief Building Official to perform work regulated by the Act and Building Code, or to occupy a building or part thereof. (g) "permit holder" means the person to whom the permit has been issued and who assumes the primary responsibility for complying with the Act and the Building Code. (2) Terms not defined in this By-law shall have the meaning ascribed to them in the Act or the Building Code. 3. CLASSES OF PERMITS Classes of permits required for construction. demolition or change of use are set forth in Schedule "A" appended to and forming part of this By-law. 4. PERMITS (1) To obtain a permit, an applicant shall file an application in writing on forms prescribed by and available from the Chief building Official, and shall supply any other information relating to the cl plication as required by the Chief Building Official. Ontario Building Of6dah AsKxu m August "93 - 23 . APR 10 195 12:e4 ORO 705 487 0133 P.3/6 (2) Every building permitapplication shall: (a) identify and describe in detail the work, use and occupancy to be covered by the permit for which the application is made; lit" (b) identify and describe in detail the existing uses and the proposed use(s) for which the premises are intended; 01 (c) describe the land on which the work is to be done, by a description that will readily identity and locate the site on which the building or demolition is to occur; (d) be accompanied by plans and specifications as described in the By-law; (e) be accompanied by the required fees as calculated in accordance with Schedule " A "; (f) state the names, addresses and telephone numbers of the owner, applicant, architect, engineer or other designer, and the constructor or person hired to carry out the demolition, as the case may be; (g) when Section 2.3 of the Building Code applies, be accompanied by a signed acknowledgement of the owner on a form prescribed by the Chief Building Official that an architect or professional engineer, or both, have been retained to carry out the general review of the construction or demolition of the building; (h) when Section 2.3 of the Building Code applies, be accompanied by a signed statement of the architect or professional engineer, or both, on a form prescribed by the Chief Building Official, undertaking to provide general review of the construction or demolition of the building;. (i) include, where applicable, the registration number of the builder or vendor as provided in the Ontario New Home Warranties Plan Act; C. {j) state estimated valuation of the proposed work including material and labour; and (k) be signed by the applicant who shall certify as to the truth of the contents of the application. (3) In addition to the requirements of subsection (2) above, every demolition permit application shall: (a) when Section 2.3 of the Building Code applies, be accompanied by structural design characteristics of building and the method and time schedule of the demolition; and (b) be accompanied by satisfactory proof that arrangements have been made with the proper authorities for the termination and capping of all the water, sewer, gas, electric, telephone or other utilities and services. (4) In addition to the requirements of subsection (2) above, every construction permit application for part of a building shall: (a) include an application for the entire project; and (b) include plans and specifications covering the part of the work for which more expeditious approval is desired, together with such information pertaining to the remainder of the work as may be required by the Chief Building Official. - 24 - Onuzio Budding Officials Association August '93 APR 10 '95 12:04 ORO 705 487 0133 P.4i6 (5) In addition to the requirements of subsection (2) above, every conditional permit application for the construction of a building shall: (a) state the reasons why the applicant believes that unreasonable delays in construction would occur if a conditional permit is not granted; and (b) state necessary approvals which must be obtained in respect of the proposed building and the time in which such approvals will be obtained. (6) In addition to the applicable requirements of subsection (2) above, every change of use permit application shall: (a) describe the building or part thereof in which the occupancy is to be changed; and (b) include plans and specifications which show the current and proposed occupancy of all parts of the building, and which contain sufficient information to establish compliance with the requirements of the Building Code including, floor plans. details of wall, floor and roof assemblies identifying required fire resistance rating and load bearing capacities . (7) The Chief Building Official shall, where conditions in subsection (4) above have been fulfilled, issue a permit for part of a building subject to compliance with the Act, the Building Code and any applicable law. (8) The Chief Building Official may, where conditions in Subsection 8(3) to 8(5) of the Act and subsection (5) above have been fulfilled, issue a conditional permit for a building subject to compliance with the Act, the Building Code and any applicable law. (9) The Chief Building Official shall not, by reason of the issuance of a permit or permits for a part or parts of the building issued under subsections (4) and (5) be under any obligation to grant any further permit or permits therefore. (10) Where an application for a permit remains incomplete or inactive for six months after it is made, the application may be deemed by the Chief Building Official to have been abandoned and notice thereof shall be given to the applicant . 5. PLANS AND SPECIFIC ONS (1) Every applicant shall furnish, (a) sufficient plans, specifications. documents and other information to enable the Chief Building Official to determine whether the proposed construction. demolition, or change of use conforms to the Act and the Building Code; and (b) a site plan referenced to a current plan of survey certified by a registered Ontario Land Surveyor and a copy of such a survey shall be filed with the municipality unless this requirement is waived because the Chief Building Official is able, without having a current plan of survey, to determine whether the proposed work conforms to the Act, the Building Code, and any other applicable law. Site plan will include i) lot size and dimensions of property; ii) setbacks from existing and proposed buildings to property boundaries and to each other; iii) existing and finished ground levels or grades; and iv) existing rights of way, easements and municipal services. Ontario Building Officials Association August'93 - 25 - APR 10 '95 12:05 ORO 705 487 0133 P.5i6 (2) Plans submitted shall be legible and be drawn to scale upon paper or other suitable and durable material- (3) The Chief Building Official shall determine the number of plans, specifications, document and other information required to be furnished with an application for permit having regard for the requirements of any Act, regulation or By-law respecting the examination or circulatiot; of the application . (4) On completion of the construction of a building, the Chief Building Official may require a set of as constructed plans, including a plan of survey showing the location of the building. (5) Plans and specifications furnished according to this bylaw or otherwise required by the Act become the property of the municipality and will be disposed of or retained in accordance with relevant legislation. (1) The Chief Building Official shall determine the required fees calculated in accordance with Schedule "A" for the work proposed and the applicant shall pay such fees. No permit shall be issued until the fees therefore have been paid in full. (2) Upon written request, the Chief building official shall determine the amount of fees, if any, that may be refunded in accordance with Schedule "A" in the case of: (a) withdrawal of an application, C (b) abandonment of an application pursuant to subsection 4(10) above, (c) refusal to issue. permit, or (d) request for revocation of a permit pursuant to Clause 8(10)(e) of the Act. (3) Subject to subsection 7(1), there shall be no refund of permit fees where a permit has been revoked. (1) Revocation of Permit Prior to revoking a permit under Clauses 8(10)(b) and (c)of the Act, the Chief Building Official shall give written notice of intention to revoke to the permit holder at his last known address and. if on the expiration of thirty (30) days from the date of such notice, the ground for revocation continues to exist, the permit may be revoked without further notice and all submitted plans and other information may be disposed of. E t - 26 - Ontario Building Offidals Association August'93 APR 10 '95 12:06 ORO 705 487 0133 P.6/6 (2) Deferral of Revocation (a) On receipt of a notice of intention to revoke a permit, a permit holder may request in writing within thirty (30) days from the date thereof the Chief Building Official to defer the _ revocation of such permit. (b) A request for deferral shall set out the reasons why the permit should not be revoked and the date by which the work will be commenced or resumed . (c) Having considered the circumstances of the request and having determined that there have been no changes to the Act and the Building Code and any other applicable law which would have prevented the issuance of the original permit, the Chief Building Official may allow a deferral to a prescribed date. and shall notify the permit holder. (d) A request for deferral of revocation is subject to a fee in accordance with Schedule "A". (3) Transfer of Permit (a) Permits are transferrable only upon the new owner completing a permit application to the requirements of section 4. (b) A fee, as prescribed in Schedule "A" shall be payable on a transfer of permit by the new owner who shall thenceforth be the permit holder for the purpose of the Act and the Building Code. W-e INI • . (1) Notices for inspections respecting stages of construction required by the Building Code shall be given by the permit holder to the Chief Building Official at least two business days in advance of each stage of construction specified therein. (2) A notice pursuant to this section is not effective until written or oral notice is received by the Chief Building Official. . 'f wa; :: Should any section, subsection, clause or provision of this By-law be declared by a court of competent jurisdiction to be invalid. the same shall not affect the validity of this By-law as a whole or any part thereof, other than the part so declared to be invalid . By-law Number as amended. is hereby repealed. ENACTED AND PASSED THIS DAY OF 199_ Mayor Note: Schedule "A" - Permit Fees and Refunds Clerk Onurio Buildmg Offidals Amociatm August'43 - 2 7- 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 Memo Date: April 17, 1995 To: Council From: D. Free Re: Proposed By -Law 95-21 being a Bylaw under the Building Code Act, 1992 respecting permits and related matters Council: Pursuant to my memo of October 6, 1993 and subsequent informal direction in tlus matter to the Building Inspector, the previously said bylaw is attached for councils review. Highlights are as follows; 1. Proper architectural drawings are required for all building projects within the municipality. 2. The replacement of a bylaw which did not have teeth or applicability insofar as enforcement or as a formal policy statement as permitted by the Municipal Act. 3. Compliance with respect to a standard set of practices per municipalities which have any degree of respect for public safety or concern for liability of the current and future councils. I wish to contijiue to go on record by expressing my concern -In this matter with respect to various recent projects such as Craigers Cove, Mama's Pizza, BoBos, East Beach Potables, etc. It is necessary to articulate the requirements of the municipality by bylaw therefore enforcing conformity 1 David R. Free, CET, AMCT(A) • Administrator/Clerk-Treasurer The Corporation of the Village of Port Burwell PO Box 10 21 Pitt Street Port Burwell ON NOJ 1T0 By-law 96-33 Being a by-law to amend By -Law 95-21 being a bylaw under the Building Code Act, 1992 respecting permits and related matters WHEREAS a Council may Regulate the Size and strength of walls etc., and the production of plans under the Municipal Act, RSO 1990, c. M.45, s. 210, p. 164, and; WHEREAS a Council may Regulate Removal and Wrecking of Buildings and Structures under the Municipal Act, RSO 1990, c. M.45, s. 210, p. 168, and; WHEREAS Section 7 of the Building Code Act, SO 1992, c. 23 authorizes a municipal council to pass bylaws concerning the issuance of permits and related matters. AND WHEREAS the Council of the Corporation of the Village of Port Burwell has passed By-law 95-21 and deems it necessary to amend the same. Now therefore the council of the Corporation of the Village of Port Burwell hereby amends By-law 95-21 to provide for the addition of Schedule "C", to amend Sections 4.01, 5.1, 5.2 and 5.3 and add Section I and J to Schedule "A" as follows; 4.01 To obtain a permit, an applicant shall file an application in writing on forms prescribed by and available from the Chief building Official, and shall supply any other information relating to the application in accordance to Schedule "B" and Schedule "C" forming part of this bylaw and as required by the Chief Building Official. 5.1 Every applicant shall furnish at the expense of the applicant and in accordance to Schedule "B" and Schedule "C" forming part of this bylaw and to the satisfaction of the Chief Building Official; 5.2 Plans submitted shall be legible and he drawn to a standard architectural or engineering scale upon paper or other suitable and durable material in accordance to Schedule "B" and Schedule "C" forming part of this bylaw. 5.3 The Chief Building Official shall require the 2 sets of plans, specifications, documents and other information to he furnished with an application for permit having regard for the requirements of any Act, regulation or Bylaw respecting the examination or circulation of the application in accordance with Schedule "B" and Schedule "C" forming part of this bylaw. Residential Decks - $30.00 per deck Roofing (Replacement of Shingles/Sheeting) - $30.00 This by-law shall come into force and take effect immediately upon final passage thereof. Read a first and second time this 25th day of June, 1996. Re e Ad istrator/Clerk-Treasurer Read a thir nd final e this 25th day of June, 1996. �� '7z-1' R e A istrator/Clerk-Treasurer 2 Schedule "C" Standards for Residential Structures • A. Minimum Ground Floor Area: i) 950 sq. ft (85.5sq. m) for a single storey, single family dwelling. ii) 950 sq. ft (85.5sq. m) for a single dwelling unit of a semi-detached dwelling. iii) 850 sq. ft (76.5sq. m) for a split level single family dwelling. iv) 750 sq. ft (67.5sq. m) for a single family dwelling having more than one storey. r 3 I I I I I I I I I I I I FRONT ELEVATION I MAIN LEVEL I I I I I I I I SIDE ELEVATION I I I I I I I I REAR ELEVATION PROJECT. UPLANDS DEVEWPYENT i�wT.i:Si.Su S: ii ••r...ae .—._.,.. r,-s:.e.=;��`r �` DRAWING: OPTION 'A - ELEVATIONS r..� .� ....a UPPEN LEVEL BASEMENT LEVEL SPRUCE FLOOR JOIST @ 16" O.C. W/ 2" X 2" CROSS BRACING ® MID. -PT. 5/8" PLYWOOD SUBFLOOR 1/2" UNDERLAY 2" X 6" SILL PLATE 1 /2" DIA. ANCHOR BOLTS ® 4'-0" O.C. 1 /2" DRYWALL VAPOUR BARRIER 1 1 /2" RIGID INSULATION 2" X 2" WOOD STRAPPING ® 16" O.C. 8" POURED CONC. WALL PARGING BITUMINOUS DAMP -PROOFING DRAWN BY:% T.L.F. CHECKED BY v d4 v SILL & WALL DETAIL SCALE: 1" = 1'-0" VINYL SIDING #15 BUILDING PAPER 1 /2" PLYWOOD SHEATHING 5 1 /2" BATT INSULATION 2" X 6" STUD WALL VAPOUR BARRIER 1 /2" DRYWALL 4'-0" FIN. GRADE FILE: BECKER\DETAIL03 DRAWN BY: T.L.F CHECKED BY EAVE DETAIL SCALE: 1" = 1'-0" f SHINGLES F SHEATHING EDGE SUPPORT C.M.H.C. F TRUSSES @2'-0" O.C. ON TO RUN UP SLOPE 12" INSIDE EXT. WALL PROVIDE UNOBSTRUCTED VENT AREA NOT <1/300 OF INSULATED CEILG. 112 AT RIDGE 3/8" PLYWOOD BAFFLE FORM VENTING 2"X8" RAFTER HEADER METAL DRIP STRIP CONT. (TYPICAL) 1"X10" WOOD FASCIA TYP. VENTED SOFFIT 1 /2" PLYWOOD SOFFIT VINYL SIDING (SEE ELEVATION) #15 BUILDING PAPER 1 /2" PLYWOOD SHEATHING 2"X6" STUDS @16" O.0 R- 20 INSULATION 6ML POLY V.B. 1 /2" DRYWALL FILE BECKER\DETAILI0 2" X 6" BOTTOM PLATE 5/8" PLYWOOD SUBFLOOR SPRUCE FLR. JOIST HEADER 2" X 6" SILL PLATE FOUNDATION WALL VINYL SIDING #15 BUILDING PAPER 1/2" PLYWOOD SHEATHING 5 1 /2" BATT INSULATION 2" X 6" STUD WALL 1 /2" DRYWALL 2" X 6" STUD WALL (3 CORNER STUDS) J - CHANNEL EXT. EDGE OF FOUND. WALL 4" BRICK VENEER METAL TIES (EVERY 6TH COURSE 0 32" O.C.) 1" AIR SPACE #15 BUILDING PAPER 1 /2" PLYWOOD SHEATHING 5 1 /2" BATT INSULATION 2" X 6" STUD WALL VAPOUR BARRIER 1 /2" DRYWALL VINYL SIDING #15 BUILDING PAPER 1 /2" PLYWOOD SHEATHING 5 1 /2" BATT INSULATION 2" X 6" STUD WALL J - CHANNEL BRICK VENEER FLASHING d d a FIN. GRADE a d p d d p d d p s FILE: BECKER DETAIL29 DRAWN T. L F. EXTERIOR CORNER CHECKED By SCALE: 1" = 1'-O" SPI pRA T BY: SECOND FLOOR DETAIL CHECKED BY: SCALE: 1" = 1'-0 VINYL SIDING #15 BUILDING PAPER 1/2" PLYWOOD SHEATHING 5 1 /2" BATT INSUL. 2" X 6" STUD WALL VAPOUR BARRIER 1 /2" DRYWALL FILE: BECKER\DETAIL43 FIRST FL00 VAPOUR BAR 1 /2" DRYWALL SPRUCE FLOOR JOIST CAD 16" W/ 2" X 2" CROSS BRA( MID. -PT. INSULATION 5/8" PLYWOOD SUBFLOOR 1/2" UNDERLAY 2" X 6" SILL PLATE 1 /2" DIA. ANCHOR BC ® 4'- 0" O.C. SEMI -SOLID COURSE 1 /2" DRYWAL VAPOUR BARRIE 1 1 /2" RIGID INSULATIO 2*' X 2" WOOD STRAPPIN @ 16" O.C. 10" POURED CONC WAL PARGIN BITUMINOUS DAMP-PROOFIN IRAWN BY: T.L.F. :NECKED BY: FLOOR FRAMING AT PROJECTIONS SCALE: 1" = 1'-0*' YL SIDING i BUILDING PAPER 2.. PLYWOOD SHEATHING 1 /2" BATT INSULATION X 6" STUD WALL POUR BARRIER 2" DRYWALL FILE- BECKER\DETAIL57 • BRAWN BY: :HECKED BY WOODEN BEAM BASEMENT WINDOW (SEE PLANS & ELEVATIONS) r DRILLED HOLE FILLED / WITH CRUSHED STONE LEADING TO WEEPING TILE AT FOOTING u ► k Ali\�� SLOPE DIRECTING SURFACE DRAINAGE AWAY FROM BUILDING BUILDING FOUNDATION CORRUGATED METAL WINDOW WELL BACKFILL ELECTRICAL LEGEND CEILING MOUNTED LIGHT FIXTURE 4 OT OS CABLE I o WALL MOUNTED LIGHT FIXTURE THERMOSTAT MOUNTED ® 48" A F.F. 3-WAY SWITCH MOUNTED ® 48" A.F.F. CEILING MOUNTED SMOKE DETECTOR SWITCH MOUNTED ® 48'* A.F.F EXHAUST FAN DUPLEX n �® HOT WATER TANK 220 VOLT STOVE OUTLET FLOOR DRAIN WEATHERPROOF DUPLEX HEATER ELECTRIC BASEBOARD HEATER Q TELEPHONE �3c DISHWASHER OUTLET DRAWN BY: T. L. F. CHECKED BY: 0 9 PLAN WINDOW SILL 11/16 X 1 1/ BAND MOU ((PINE PAINT GRAD 11 /16" X 1 '1 / _ CROWN MOULDY (PINE PAINT GRAD 3/4" PLYWOOD -Z�a 0 (SEE WOOD ORNAMENT FOR SIZES OF TRIANGLES & CIRCLES) ELEVATION DRAWN BY T.L.F. PANEL DETAIL CHECKED By- SCALE: 1„ = 1*-0'* SECTION 2"X4" RAFTERS 012" 0. C. 1 /2" PLYWOOD SHEATHING 3/4" PLYWOOD PLAN (SEE WOOD ORNAMENT FOR SIZES OF TRIANGLES do CIRCLES) 12 2"X4" RAFTERS 012" 0. C. 1 /2" PLYWOOD SHEATHING Q 5 11/16" X 1 1/2" BAND MOULD (PINE PAINT GRADE) 7/16" X 11 /16" OGEE BASE SHOE (PINE PAINT GRADE) ELEVATION DRAWN BY: CHECKED BY: — 3/4" PLYWOOD 7/16" X 11 /16" OGEE BASE SHOE (PINE PAINT GRADE) 11/16" X 1 1/2" BAND MOULD (PINE PAINT GRADE) • 1" X 4" SPRUCE BOARD 1" X 2" SPRUCE BOARD 2"X2" WOOD TRIM SECTION c.+ 1/2r^L w 5" 2" PLAN ELEVATION 6" DIA. 5" DIA. ?� 1/2" 8" - - rt 5" RAD. 5 1 /2" RAD. DRAVM BY: T. L.F WOOD ORNAMENT CHECKED BY: SCALE: 2" = 1'—O" SECTION 1 /2" DRYWALL SPRUCE FLOOR JOIST @ 16" O.C. W/ 2" X 2" CROSS BRACING @ MID. -PT. 5/8" PLYWOOD SUBFLOOR 1/2" UNDERLAY 2" X 6" SILL PLATE 1 /2" DIA. ANCHOR BOLTS @ 4'- 0" O.C. 1 /2" DRYWALL VAPOUR BARRIER 1 1 /2" RIGID INSULATION 2" X 2" WOOD STRAPPING @ 16" O.C. 10" POURED CONC WALL PARGING BITUMINOUS DAMP -PROOFING DRAWN BY: T.L.F, CHECKED BY: 4" BRICK VENEER METAL TIES (EVERY 6TH COURSE @ 32" O.C.) 1" AIR SPACE #15 BUILDING PAPER 1 /2" PLYWOOD SHEATHING 5 1 /2" BATT INSULATION 2" X 6" STUD WALL VAPOUR BARRIER 1 /2" DRYWALL FLASHING ° V Q FIN. GRADE d o d a 4 ° ° 4'-0' ° SILL & WALL DETAIL SCALE: 1" = 1'-O" FILE: BECKER\DETAIL06 I tom` w � I Q z F— w wlItF— u LOT XX N 7V 30' E 04 NWIaERTY LONE 2S TOP OF FOUNDATION �ELEVAn4 - )oocxx LOT XX 41 M-XXX 00:4 0%.4 GRADING PLAN 00.0 PREPARED FOR BUILDING PERMIT APPLICATION 8 SCALE = 1 : 250 (METRIC) DATED : DECEMBER 2% 1"7 METRIC DISTANCES SHOWN ON TINS PLAN ARE IN METRES AND CAN E BE CONVERTED TO FEET BY OIMOING BY 0.31346 VILLAGE OF 4 r PORT BURWELL _ ® ® _ m-4 00 ® m� o, ® N 76' 30' E NWICPERrY uK 36 01 LOT XX TOP OF FOUNDATION ELEVATION . XX)LXX FINISHED GRADE AT FRONT OF DWELLING ELEVATION . X=XX PROPOSED CROSS-SECTION BUILDING FOUNDATION . 0—o To NOTES (1) - ELEVATIONS ARE REFERREO TO GEODETIC DATUM (2) - �.%0 DENOTES E)OSTINC ELEVATIONS (3) - 24-1 DENOTES PROPOSED FINAL GRADE ELEVATIONS ({) - THIS PLAN IS COMPILED FROM DATA SHOWN ON REGISTERED PLAN {IM-l00(, THE APPROVED MOT GRADING PLAN FOR REGISTERED PLAN 41M-XXX AND THE ARCHITECTURAL PLANS OF THE PROPOSED DWELLING FOR LOT XX, REGISTERED PLAN /1 M- XXX. (5) - SANITARY SEWER AND WATER SERVICES MUST BE SHOWN INCLUDING CONNECTION NTH ELEVATIONS The Corporation of the Village of Port Burwell PO Box 10 21 Pitt Street Port Burwell ON NOJ 1TO By-law 95-22 Being a by-law for prescribing the time for setting fires in the Village of Port Burwell and the precautions to be observed. WHEREAS Section 11 of the Forest Fire Prevention Act, R.S.O. 1990, c. F 24 provides that except under the authority of a lire permit, no person shall start a lire outdoors during a lire season for any purpose other than cooking or obtaining warmth, and; WHEREAS Section 210 (31) of the Municipal Administrator/Clerk-Treasurer, R.S.O. 1990, as amended, provides that councils of municipalities may pass by-laws for prescribing the times that fires may be set and the precautions to he observed by persons setting out fires. NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE VILLAGE OF PORT BURWELL HEREBY ENACTS AS FOLLOWS: All persons setting an open air firs in the Village of Port Burwell shall first obtain a fire permit from the fire department pursuant to this section. The material to be burned shall be limited to wood or by-products of wood. A person who has obtained a fire permit pursuant to this section shall: (NOTE: in the case of a volunteer fire department, the fire permit may he issued from the municipal offices.) a) not permit more than one (1) cubic metre of material to he burned at any one time; h) ensure that the means of extinguishing the fire designated on the permit form is available at the site at all times during the fire; c) the said permit shall be in accordance with Schedule "A" attached hereto. 2. A fire permit may be cancelled or suspended at any time by the Chief Fire Official or his designate and immediately upon receiving notice of such cancellation or suspension , the permittee shall extinguish any fire started under the permit. 3. Notwithstanding the provisions of section 1 hereof, the chief fire official may, upon application, approve the setting of any fire subject to the fire being supervised by the Fire Chief of the Village of Port Burwell or his designate. 4. Notwithstanding the provisions of section 1 hereof, open air fires may be set when such burning consists of a small confined fire, supervised at all times and is used to cook food on a grill or a barbecue, or is for personal warmth. 5. a) No person shall set an uncontained fire, including but not limited to a grass fire; b) No person shall set an open air fire in the Central Business District of the Village of Port Burwell as defined in the Village of Port Burwell Official Plan. 6. All persons setting an open air fire in the Village of Port Burwell shall: a) he responsible for any damage to property or injury to persons occasioned by the said fire; h) be liable for costs incurred by the fire department, including personnel, equipment and apparatus necessary and called in to extinguish the said fire. 7. No open air fire shall he maintained when the wind is in such direction or intensity so as to cause any or all of the following: a) a decrease in visihility on any highway or roadway; h) a rapid spread of fire through grass or a brush area. 8.. A farmer who intends to set or maintain a fire in the open air on a specified day for disposal of vegetable matter or farming purposes shall be issued a permit to cover the period of the proposed fire, and will he required to notify the fire department for each day of the proposed fire and pay the permit fee in accordance to Schedule "B" forming part of this bylaw. 9. Every person who contravenes any provision of this by-law is guilty of an offence and is liable to a fine of not more than $2,000.00 exclusive of costs under the Provincial Offenses Administrator/Clerk-Treasurer. 10. This by-law may he cited as "The Village of Port Burwell Open Air Burning By -Law' 11. This by-law shall come into full force and effect upon the final passing thereof. F% S. Read a first and ,second time this 9th day of May, 1995. i��� Read a gird a tJ final time this 9th day, of May, 1995. Schedule "A" By -Law 95-22 The Corporation of the Village of Port Burwell Fire Department Daily Permit for Open Fires Permission is hereby granted to: Name: Municipal Street Address: Mailing Address: Postal Code: Telephone Number: For the Purpose of having an Open Fire: Date: Time: Location: Material to be Burned: Means of Extinguishment Available: The applicant ageess to comply vita► the provision of By-law 95-22 as arnssded, and agrees to assume all re.pornibility for any damages occurring from the fire for which this permit is issued. Date Date: Signature of Applicant Chief Fire Official or Designate All F - - - setting an open air fire in tiro village of Port Burwell shall firstobtain a fire permit from the fire department pursuant to this section. The material to be burned .hall be limited to wood or byproducts of wood. A person who has obtained a fire permit pursuant to this section shall: A) not permit more than one (1) cubic metre of material to be burnal at any one time; b) enure that the means of adinguishing the fire dsignatedon the permit form is available at the site at all times during t6 fire; e) the said permit shall 6e in acoordance with Schedule "A' above. 4 Schedule "B" By -Law 95-22 The Corporation of the Village of Port Burwell Fire Department Daily Permit for Open Fires 1. All classes and forms of Daily Permits for Open Fires shall be have a fee of $5.00 paid prior to the issuance to the permit. 5 BY-LAW NO. TifE_-SUR�ItATt A by-law for prescribing the time for setting firers in the and tbP Precautions to be observed. 3 I WHEREAS section 210 LM of the Municipal Act, R.S.O. 1980, CbaV_t-r W , as amended, provides that councils of municipalities may pass by-laws for prescribing the times that fires may be set and the precautions to be observed by persons settinq out fires. NOW THI REI:ONL THE COUNCIL OF THE CORPORATION OF THE HEREBY ENACTS AS FOLLOWS: 2. All persons setting an ripH►t wi r ri rer in t.he- *hall first obtain a flre,permii, from the fire department pursuant to this Recf.ion. The material to be burned shall be limited to wood or by-products of Wood. A person who has obtained a fire permit pursuant to this section shall: (NOTE: in Lhe case of a volunteer fire department, the fire permit may be issued from the municipal offices.) (a) Trot Nr�rmit than one (1) (`gbtti nu-otr•e of material t:: be burned at any one time? 1 h) Fnfiura that thw meana of ext i ngn i whi ng tho t i rA designated on the permit form is available at Lhe site at. all. times during the fire; (c) Lliv said permit shall be in accordance with Schedule "A" attach4ed hereto. 2. A f ire permit stay he cancel led or nt,spended at any time by r.he Chief Fire Official or his: designate and immediately uNcin receiving notice of such cancellation or suspension, the per•mittee shall extinguish any fire started under the permit. 3. NoLwit.hstanding Lhr provisions of section 1 hereof, the ehiFf fire official may, upon application, approve the setting of any fire subject to the fire being supervised by fhe Fire Chief of the or �;is designate. 4. Notwithsatandiny the provisions oe section 1 hereof, opQn air fires may be set when such burning consists of a yraall confined fire, supervised at all times and is used t o vvsnc food on a grill or a barbecue, or is for personal warmth. 5. (a) No persfin shall ac>t an uncontained tire, irc14din,.t (,i.t not Iinilted to a graves fire; G. 7. Ib) No person 611411 e:e11. an open Air fire in 1-he Cenl:ral Kusiness District of the _ as defined in the --- Off icxal Plan. All persons sr•tring an open air fire in the shall. tat he responsible for -any damage to property or injury to persons occasioned by the said fire: (h) be liable for costs incurred by the fire dPpartmerct, inc);iding pPrbonnel, equipment and apparatus necessary and called in to extinqu.i.sh the said fire. No open air f3.re shall be maintained when the wind i4 in f:14011 cliree.tion roc iatencs.LLY so as Lp cause any or ail of the following: (a) a decrease in visibility on any highway, or r,?acjw.sy; f b) a rapid Rpread of fire thrrntgh gragg or a brush area. S. A farmer who intends to set or maintain a fire in the open ai.r on a specified day .for disposal of vegetable matter or vegetation on farm ).ands which is normal and incidental for farming purposes shall be issued a permit to cover the period Of the prOposed fire, and Will be required to notify the fire department for each day of the proposed .fire. 9, t•,vPry person who contravenes anal provision of this by-law is guilty of an offence and is ]in to a fine of not n.>nre than. Act.S2,QOO.i10 P"I'lRivP cif OnRtR rindear 4hn ► r0vi_t1.Cidl Offenses 10. This by-Isa X%aY be ciLed as " Rearming Ely -.law". ...-- Open Air 7 1 . This by-law shall come into full force and effect upon Lhe final pasAind thereof. READ a FIRST time, this day of _ Bead rif Counc i l Clerk READ a SECOND and THIRD time, PASSED, SIGNED and SCALED this clay of 19 , fie,1c1 of ce>e.tnV i ) - 1'.'I k 4 SCHEDULE "A" BY -LAN' # TM — _QQj 9 n-R AT I()N. 0f .. Tff E _ Eire Department PERMIT NUMBER Administration - L'mergency Number - - Permission is hereby granted to: Name: - Address: PosLul Code-- . _ _ __ -_ Telephone. Number For the Purpose of having an Open Fire- Date: Time: Location: - - - - Material to be burned: Means of Extinguishment Available THE APPLICANT AGREES TO COMPLY WTTH THE PROVISIONS OF BY-LAW # _ AS AMFNDRD, AND AGREES TO ASSUME ALL RESPONSIBILITY FOR ANY DAMAGES 0CCnRRTXG FROM THE FIRE, COR WHICII THIS PERMIT IS ISSUED. natp Signature of App)ir.anr. Date Chief Fire Official or Deeignate nl) Fu-rsons setting an open air fire in the shall first obtain a fire permit from the fire deparrme.nt pursuant to I,his section. The material to be burned shall be limited to wood or byproducts of wood. A perRon who has obtained a fire permit. pursuant to this section shall: (a) not permit more than one (1) cubic metr. of material to be burned at any one time; (b) ensure that the. meane of extinguishing the fire designated in the permit form is available at the site it all time% during the fire; (c) the said permit shall be in accordance with "A" above. appnd0lb The Corporation of the Village of Port Burwell Post Office Box # 10 21 Pitt Street Port Burwell, Ontario By -Law 95-23 Being a By -Law to authorize the Reeve and the Administrator/Clerk- Treasurer to enter into an agreement with Cyril J. Demeyere & Associates for the reconstruction of Addison Street north including Tennyson, Southey, Cowper and Homer Streets WHEREAS the Municipal Act RSO 1990 c. M.45 Section 102 provides that every council may pass such by-laws and mare such regulations for the health, safety, morality and welfare of the inhabitants of the municipality in matters not specifically provided for by this Act and for governing the conduct of its members as may he deemed expedient and are not contrary to law. 1994, c.23, s. 54. AND 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 the engineering, tendering and supervision of the reconstruction of Addison Street north including Tennyson, Southey, Cowper and Homer Streets; 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. R4ait ands and time t 's 25th day of April, 1995. Admi trator/Clerk-Treasurer Read a third t' and fi lly passed t s 25th day of April, 1995. Re e A istrator/Clerk-Treasurer RECONSTRUCTION OF ADDISON STREET NORTH INCLUDING TENNYSON, SOUTHEY, COWPER AND HOMER STREETS Recommended Form of Agreement Between Client and Engineer for Professional Engineering Services Published by: THE ASSOCIATION OF PROFESSIONAL ENGINEERS OF THE PROVINCE OF ONTARIO L a Toronto, Ontario. b 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 (his 18th day of April 1995 BETWEEN: and VILLAGE OF PORT BURWELL CYRIL J. DEMEYERE LIMITED hereinafter referred to as the "Client", hereinafter referred to as the "Engineer". WHEREAS the Client has requested the Engineer to perform the services set out in Article 11 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 1 shall for all purposes of this Agreement have the meanings herein specified unless the context otherwise specifies or requires: 1. "Association" shall mean the Association of Professional Engineers of the Province of Ontario, 2. "Project" shall mean: Reconstruction of Addison Street North including Tennyson, Southey, Cowper and Homer Streets 3. "Cost of the Work" shall mean the total cost to the Client of the Project, including all materials, equip- ment, labour and contractors' overhead 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 costs, 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 37yi hour week and is calculated by deducting 290 hours for vacation, statutory holidays, sick time and professional development time from 1950 hours (37% 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 Article If — 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. ON -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. It 4 f Article IV — EXPENSES AND DISBURSEMENTS: I . 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, 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. 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: I. Cooperation (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. 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 for 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. 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 11 and III respectively, heretofore). 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 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 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. 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 shalt 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 Engineer CYRIL . DEMEYERE L ITED The Corporation of the Village of Port Burwell Post Office Box # 10 21 Pitt Street Port Burwell, Ontario By -Law 95-24 Being a By -Law to authorize the Reeve and the Administrator/Clerk- Treasurer to enter into an agreement with Cyril J. Demeyere & Associates for the 1995 Sidewalk Program WHEREAS the Municipal Act RSO 1990 c. M.45 Section 102 provides that every council may pass such by-laws and make such regulations for the health, safety, morality and welfare of the inhahitants of the municipality in matters not specifically provided for by this Act and for governing the conduct of its memhers as may he deemed expedient and are not contrary to law. 1994, c.23, s. 54. WHEREAS the Council of the Corporation of the Village of Port $unwell deems it necessary to enter into an agreement with Cyril J. Demeyere & Associates for the engineering, tendering and supervision of the 1995 Sidewalk Program; 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 an "cconat*bth,-25th y of April, 1995. e A m' ' trator/Clerk-Treasurer Read a third and fin asse th' Sth day of April, 1995. Reev A nistrator/Clerk-Treasurer The Corporation of the Village of Port Burwell Post Office Box # 10 21 Pitt Street Port Burwell, Ontario By -Law 95-24 Being a By -Law to authorize the Reeve and the Administrator/Clerk- Treasurer to enter into an agreement with Cyril J. Demeyere & Associates for the 1995 Sidewalk Program WHEREAS the Municipal Act RSO 1990 c. M.45 Section 102 provides that every council may pass such by-laws and mare such regulations for the health, safety, morality and welfare of the inhabitants of the municipality in matters not specifically provided for by this Act and for governing the conduct of its members as may he deemed expedient and are not contrary to law. 1994, c.23, s. 54. 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 the engineering, tendering and supervision of the 1995 Sidewalk Program; 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 an econd t' e th' 25th y of April, 1995. ve A m' ' trator/Clerk-Treasurer Read a thiLd and fin I asse tb' 25th day of April, 1995. Reev • A nistrator/Clerk-Treasurer 1995 SIDEWALK PROGRAM Recommended Form of Agreement Client and Professional Services euoii:nod by: Between Engineer for Engineering THE ASSOCIATION OF PROFESSIONAL ENGINEERS OF THE PROVINCE OF ONTARIO Toronto, Ontario. 1977 24/6'81 /2M )� Of 1HE ry9\ NA CE Of r R10 1922 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 18th day of Apri 1 l9 95 RETWEEN: and VILLAGE OF PORT BURWELL CYRIL J. DEMEYERE LIMITED hereinafter referred to as the "Client", hereinafter referred to as the "Engineer WHEREAS the Client has requested the Engineer to perform the services set out in Article 11 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 1 — 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: 1995 Sidewalk Program rl 3. "Cost of the Work" shall mean the total cost to the Client of the Project, including all materials, equip- ment, labour and contractors' overhead and profit, provided that: (i) if sales taxes arc 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; (n) 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 costs, 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 3N hour week and is calculated by deducting 290 hours for vacation, statutory holidays, sick time and professional development time from 1950 hours (3756 hours per week x 52 weeks per year.) 2 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 Article I! — 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. ON -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 10 Article III — FEES: The Client shall pay to the Engineer the following fees for the performance of the services set out in Article 11 hereof: Fees shall be based on PAYROLL COST PLUS 90%. Payroll cost equals hourly wage plus payroll burden. 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, 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: I . 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. 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{ee 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. Cooperation (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; (ni) 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. 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. 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 for 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. 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 11 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 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 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. 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 IS 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 on the date first Bove appearing. /Client 'XI OF POR BURWELL Engineer CYRIL J EMEYERE MI Village of Port Burwell Post Office Box # 10 21 Pitt Street Port Burwell, Ontario NoJ 1To BY-LAW 95-25 Being a By -Law to adopt the current estimates and strike the interim levies and rates of taxation for the year 1995. 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 he raised by means of taxation for the year 1995. General Municipal Purposes $209,175.01 County Purposes $88,731.43 Public School Purposes $199,121.64 Separate School PVposes $ 13,130.08 Total $510,158.16 AND WHEREAS all real property and business assessment rolls made for the year 1995 taxes are to he 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: 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 he 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 he due and payable in one instalment on the 25th day of the month following the entry of the assessment in the Collector's Roll. h) 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 25, 1995 October 27, 1995 4. The Collector is hereby authorized to mail, deliver and cause to he 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 he 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 1TO or at the Port Burwell Canadian Imperial Bank 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 due date, which shall he the first day of default and an additional penalty of one and one quarter percent (1.25%) shall he 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 1995. 7. The Clerk -Treasurer and Collector of taxes (and a Bank specified under Section 386 (8)0 he and the same are hereby authorized to accept part payment from time to time on account of any taxes due and to give a receipt for such payment provided that acceptance of any such payment shall not affect the collection of any percentage charge imposed and collectable under Clause 6 hereof in respect of non-payment of any taxes or any class of taxes or of any instalment thereof. 8. In respect to the payment of taxes by tenants of lands owned by the Crown or in which the Crown has an interest provisions is hereby provided that where any such tenant has been employed either within or outside the municipality he the same employer for not less that thirty (30) days, such employer shall pay over to the Treasurer or Collector on demand out of any wages, salary or other remuneration due to such employee the amount then payable for taxes under this by-law and any such payment shall relieve the employer from any liability to the employee for the amount so paid. 9. This by-law shall come into force and tape effect on the date it receives final approval. Read a <nd secon me t is 23th day of May, 1995. eeve istrator/Clerk-Treasurer Read a thir and fi al, ssed t is 23t ay of May, 1995. Re e A mi 'strator/Clerk-Treasurer 3 Village of Port Burwell Mill Rate Calculations 1995 Schedule "A" Res & Farm Mill Res & Farm Commercial Mill Assessment Rate Levy Assessment Rate Comm & Ind Business Mill Business Levy Total Levy , Assessment Rate Village 1,065,955 171.293 $182,590.63 97,783 201.522 $19,705.43 34,135 201.522 $6,878.95 $209,175.01 County 1,065,955 72.662 $77,454.42 97,783 85.485 $8,358.98 34,135 85.485 $Z918.03 $88,731.43 Public School Board Elementary 994,197 91.970 $91,436.30 95,513 108.200 $10,334.51 33,205 108.200 $3,592.78 $105,363.59 Secondary 994,197 81.840 $81,365.08 95,513 96.280 $9,195.99 33,205 96.280 $3,196.98 $93,758.05 Separate School Board / Elementary 71,758 90.768 $6,513.33 2,270 106.786 $242.40 930 106.786 $99.31 $6,855.05 condary 71,758 83.088 $5,962.23 2,270 97.751 $221.89 930 97.751 $90.91 $6,275.03 ub-Total $445,321.99 $48,059.20 $16,776.96 $510,158.16 LEVY1995.XLS Village of Port Burwell Budget 1995 (unaudited) Prepared by: Suzanna Dieleman Mantel, CGA David R. Free, CET, AMCT(A) Adm in itrator/C lerk-Treasurer iF PORT �P� Setup: Consolidated Stmt of Operation SAFETY 19 May 95 Consolidated Stmt of Operation Beg:01 Jan 95 End:31 Dec 95 Type: B SOURCES OF FINANCING Taxation and user charges: Residential taxation 445,321.57 Comm. & ind. taxation 48,059.22 Business taxation 16,776.93 Taxation from other government 16,849.03 Water & sewer billings 286,000.00 User charges 145,110.85 Total taxation & user charges ------------- 958,117.60 Grants: Province of Ontario 215,068.00 Government of Canada 37,608.00 Other municipalities 6,259.00 Total grants ------------- 258,935.00 Other: Sale of land 150,000.00 Donations 68,000.00 Investment income 2,000.00 Penalties\Interest - Taxation 8,000.00 Penalties\Interest - Wtr\Sewer 2,000.00 Long Term Debt Funding 238,951.00 ------------- Total other 468,951.00 Deduct: Amts for Cty & School boards 315,447.48 LPRCA Levy 0.00 Add: Appropriations from reserves 0.00 Municipal fund balances, begin ------------- ning of year To be used to offset(recovered from taxation or user charges 141,134.00- Total ------------- 141,134.00- Total financing available during the year 1,229,422.12 APPLIED TO: CURRENT OPERATIONS General government 434,199.87 Fire protection 34,036.00 Other protection to persons and property 16,474.00 Transportation services 116,370.00 Sanitary sewers 157,357.50 Waterworks system 116,544.75 Garbage collection 51,615.00 Description Beg:01 Jan 95 End:31 Dec 95 Type: B Setup: Consolidated Stmt of Operation SAFETY 19 May 95 Consolidated Stmt of Operation Beg:01 Jan 95 End:31 Dec 95 Type: B Recreation & culture services 16,325.00 Planning and Development 12,000.00 Total Current Operations ------------- 954,922.12 CAPITAL OPERATIONS Roadways 157,500.00 Street lighting 15,000.00 Land 0.00 Harbour 8,500.00 Recreation & culture services 38,000.00 Fire Fighting equipment 6,500.00 Water & Sanitary Sewer System 8,000.00 Other 41,000.00 Total Capital Operations ------------- 274,500.00 Net appropriations to reserves 0.00 TOTAL CURRENT & CAPITAL ------------- 1,229,422.12 Offset of operations 0.00 Capital operations not yet financed 0.00 TOTAL APPLICATIONS - YEAR ------------- 1,229,422.12 SURPLUS (DEFICIT) 0.00 Description Beg:01 Jan 95 End:31 Dec 95 Type: B Setup: Tax - Collection Detail SAFETY 18 May 95 Tax - Collection Detail Beg:01 Jan 95 End:31 Dec 95 Type: B RESIDENTIAL TAXATION: Residential 182,590.63 Residential - supplementary 0.00 ------------- TOTAL RESIDENTIAL TAXATION 182,590.63 COMMERCIAL TAXATION: Commercial 19,705.43 Commercial - supplementary 0.00 ------------- TOTAL COMMERCIAL TAXATION 19,705.43 ------------- BUSINESS TAXATION: Business 6,878.95 Business - supplementary 0.00 Business - write off 0.00 TOTAL BUSINESS TAXATION ------------- 6,878.95 ------------- COUNTY TAXATION: County - residential 77,454.00 County - residential suppl 0.00 County - residential w\o 0.00 County - commercial 8,359.00 County - commercial suppl 0.00 County - commercial w\o 0.00 County - business 2,918.00 County - business suppl 0.00 County - business w\o 0.00 ------------- TOTAL COUNTY TAXATION 88,731.00 ------------- PUBLIC ELEMENTARY TAXATION: Public Elementary - res. 91,436.30 Public Elementary - res suppl 0.00 Public Elementary - res w\o 0.00 Public Elementary - comm. 10,334.51 Public Elementary - com. suppl 0.00 Public Elementary - w\o com. 0.00 Public Elementary - bus. 3,592.78 Public Elementary - bus. suppl 0.00 Public Elementary - w\o bus. 0.00 TOTAL PUBLIC ELEMENTARY ------------- 105,363.59 ------------- PUBLIC SECONDARY TAXATION: Public Secondary - res. 81,365.08 Public Secondary - res. suppl 0.00 Public Secondary - res. w\o 0.00 Description Beg:01 Jan 95 End:31 Dec 95 Type: B Setup: Tax - Collection Detail SAFETY 18 May 95 Tax - Collection Detail Beg:01 Jan 95 End:31 Dec 95 Type: B Public Secondary - com. 9,195.99 Public Secondary - com. suppl 0.00 Public Secondary - com. w\o 0.00 Public Secondary - bus. 3,196.98 Public Secondary - bus. suppl 0.00 Public Secondary - bus. w\o 0.00 TOTAL PUBLIC SECONDARY ------------- 93,758.05 SEPARATE ELEMENTARY TAXATION: ------------- Separate elementary - res. 6,513.33 Separate elementary - res. sup 0.00 Separate elementary - res. w\o 0.00 Separate elementary - com. 242.40 Separate elementary - com. sup 0.00 Separate elementary - com. w\o 0.00 Separate elementary - bus. 99.31 Separate elementary - bus. sup 0.00 Separate elementary - bus. w\o 0.00 TOTAL SEPARATE ELEMENTARY ------------- 6,855.04 SEPARATE SECONDARY TAXATION ------------- Separate Secondary - res. 5,962.23 Separate Secondary - res. sup 0.00 Separate Secondary - res. w\o 0.00 Separate Secondary - com. 221.89 Separate Secondary - com. sup 0.00 'Separate Secondary - com. w\o 0.00 Separate Secondary - bus. 90.91 Separate Secondary - bus. sup 0.00 Separate Secondary - bus. w\o 0.00 ------------- 6,275.03 ------------- TAXES ON ASSESSMENT 510,157.72 LOCAL IMPROVEMENTS 0.00 TOTAL TAXES ------------- 510,157.72 Penalties and interest 8,000.00 Description Beg:01 Jan 95 End:31 Dec 95 Type: B Setup: Tax - County\Board Levys SAFETY 18 May 95 Tax - County\Board Levys Beg:01 Jan 95 End:31 Dec 95 Type: B Tax Levies: County of Elgin 96,452.30 Public Elementary 108,746.28 Public Secondary 96,821.15 Separate Elementary 7,011.27 Separate Secondary 6,416.148 ------------- TOTAL TAX LEVIES 315,447.48 Description Beg:01 Jan 95 End:31 Dec 95 Type: B Setup: Taxation from Other Government SAFETY 18 May 95 Taxation from Other Government Beg:01 Jan 95 End:31 Dec 95 Type: B TAXATION FROM OTHER GOUT: LCBO - GIL 3,441.21 MNR - GIL 13,407.82 TOTAL ------------- 16,849.03 Description Beg:01 Jan 95 End:31 Dec 95 Type: B Setup: Grants\Other Governments SAFETY 18 May 95 Grants\Other Governments Beg:01 Jan 95 End:31 Dec 95 Type: B PROVINCIAL GRANTS: Roads grant 38,500.00 Roads Supplementary - Capital 50,000.00 Student Grants 1,800.00 EYC Grant 0.00 Ontario pay equity 0.00 Unconditional grants 106,360.00 OCWA grant 0.00 Infrastructure grant 18,408.00 TOTAL PROVINCIAL GRANTS ------------- 215,068.00 ------------ FEDERAL GRANTS: Dredging grant 15,000.00 Recycling grant 0.00 Community Futures 0.00 Infrastructure grant 18,408.00 SEED grants, students 4,200.00 TOTAL FEDERAL GRANTS ------------- 37,608.00 ------------- OTHER MUNICIPALITIES: East Elgin - Tfr Station 0.00 Bayahm Township Harbour Grant 0.00 County - Urban Roads Rebate 5,634.00 LPRCA (Harbour & Others) 625.00 TOTAL GRANTS FROM OTHER ------------- 6,259.00 MUNICIPALITIES ------------- Description Beg:01 Jan 95 End:31 Dec 95 Type: B Setup: User Charges\Grants SAFETY 18 May 95 User Charges\Grants Beg:01 Jan 95 End:31 Dec 95 Type: B Amtelecom - GIL 16,203.00 Bell Canada - GIL 0.00 Boat launches 4,000.00 BTA 0.00 Building permits 750.00 Commissioner signatures 60.00 Development Charges 0.00 Dockage fees 6,000.00 Dog tags 750.00 East Beach 2,000.00 Farmers' Market Revenue 0.00 Fax income 200.00 Harbour Land Lease 25,000.00 552855 Ontario Inc Lease 2,500.00 Library Lease - County 5,677.00 Lottery Licences 12,500.00 Minor Variances 1,000.00 Miscellaneous 13,270.85 Municipal Services 7,500.00 MOE 0.00 Non -Profit Housing 7,500.00 Ping & Devel't Recovery 0.00 Photocopier income 100.00 Recovery from Rec Bd & Museum 16,000.00 Regional Cable Systems 1,800.00 Special Events 0,00 Tax certificates 450.00 Tax collection charges 2,100.00 Tax sales 1,500.00 (Telephone poles 0.00 'Trailer park 0.00 Transfer Station UC 5,000.00 Village mugs 25.00 Village pins 25.00 Wharfinger lease 0.00 'Work order certificates 300.00 'Zoning Applications 1,000.00 Zoning certificates 300.00 Sub Total ------------- 133,510.85 'Summary - Museum Board 4,000.00 (Summary - Rec Board 7,600.00 ------------- Total income - other 145,110.85 Description Beg:01 Jan 95 End:31 Dec 95 Type: B Setup: Other General Revenue SAFETY 18 May 95 Other General Revenue Beg:01 Jan 95 End:31 Dec 95 Type: B OTHER: Sale of Land 150,000.00 Donation Revenue 68,000.00 Bank interest 2,000.00 Penalties - taxes 8,000.00 Penalties - water\sewer 2,000.00 ------------- TOTAL OTHER 230,000.00 Description Beg:01 Jan 95 End:31 Dec 95 Type: B Setup: Water\Sewer Summary SAFETY 18 May 95 Water\Sewer Summary Beg:01 Jan 95 End:31 Dec 95 Type: B SUMMARY WATER\SEWER Water Billings 126,500.00 Sewer Billings 159,500.00 Total Water and Sewer ------------- 286,000.00 ------------- Penalties\Int Water 1,000.00 Penalties\Int Sewer 1,000.00 ------------- 2,000.00 Total Billing\Penalties\Int ------------- 288,000.00 1 Description Beg:01 Jan 95 End:31 Dec 95 Type: B Setup: General Government expenses SAFETY 19 May 95 General Government expenses Beg:01 Jan 95 End:31 Dec 95 Type: B GENERAL GOVERNMENT: Administration - salaries 63,327.25 Administration - CPP empr 1,300.00 Administration - UIC 2,600.00 Administration - EHT 545.00 Worker's Compensation Board 4,700.00 Administration - ins, pension 7,613.00 Sub total ------------- 80,085.25 ------------- Auditor 5,000.00 Bank charges 850.00 Beautification 2,500.00 Boardwalk\docks 1,500.00 Cleaning - Library 540.00 Cleaning - office 1,500.00 Cleaning - OPP office 750.00 Computer assistance 2,000.00 Computer software 2,000-00 Council remuneration 16,500.00 Council travel expenses 750.00 Courier 350.00 Donations 16,000.00 EYC Wages 0.00 EYC - deductions emp 0.00 EYC - deductions 0.00 Employer Health Tax 0.00 Farmers' Market Expense 0.00 Forms 100.00 Harbour - Dredging 30,000.00 Heating - Library 500.00 Heating - Office 0.00 Hydro - East Beach 200.00 Hydro - Library 1,150.00 Hydro - office 1,000.00 Hydro - trailer park 0.00 Inner harbour taxes 3,500.00 Insurance - Village 7,500.00 Land Purchase 0.00 Legal 6,000.00 Loan interest 3,000.00 Long Point Lease 2,500.00 L.P.R.C.A 2,000.00 Maintenance - East Beach 1,000.00 Maintenance - Library 200.00 Maintenance - Office 1,000.00 Maintenance - Trailer park 0.00 Memberships 2,300.00 Miscellaneous - gen. gov't. 8,274.62 Office Equipment 1,000.00 Office supplies 3,800.00 Description Beg:01 Jan 95 End:31 Dec 95 Type: B Setup: General Government expenses SAFETY 19 May 95 General Government expenses Beg:01 Jan 95 End:31 Dec 95 Type: B Photocopier lease 3,800.00 Postage 2,000.00 Promotion\Advertising 5,000.00 Publications 1,500.00 Seminars 1,000.00 Special events (Mun Elec) 0.00 Small craft harbours 2,000.00 Subscriptions 600.00 Tax Collections 1,500.00 Tax forms 600.00 Telephone - fax 0.00 Telephone - Library 0.00 Telephone - office 5,000.00 Telephone - OPP 250.00 Trailer park expenses 0.00 Training & Education 3,000.00 Travel expenses 2,500.00 Water\sewer - Library 450.00 Water\sewer - office 450.00 Water\sewer - trailer park 0.00 Wharfinger 0.00 Writeoffs 0.00 Sub total 154,914.62 Total expense before reserves ------------- 234,999.87 Seawall 1,200.00 Dev Charges & Other Reserves 0.00 P & I on long term debt 197,000.00 Alloc'n to Working Capital 0.00 Allocation to General Capital 1,000.00 ------------- 199,200.00 ------------- GENERAL GOVERNMENT - TOTAL X 434,199.87 Description Beg:01 Jan 95 End:31 Dec 95 Type: B Setup: Fire Department expenses SAFETY 18 May 95 Fire Department expenses Beg:01 Jan 95 End:31 Dec 95 Type: B FIRE DEPARTMENT EXPENSES: Wages 11,000.00 ------------- 11,000.00 Building Maintenance ------------- 1,500.00 Boat Maintenance 500.00 Equipment purchases - minor 2,000.00 Equipment repair\supplies 1,500.00 Gasoline 300.00 Heating fuel 3,000.00 Health & Safety 2,500.00 Hydro 1,000.00 Material 500.00 Memberships 75.00 Pager\Radio Systems 311.00 Subscriptions 0.00 Telephone 1,700.00 Training 2,700.00 Truck Repairs 0.00 Water\Sewer 450.00 ------------- 18,036.00 ------------- Alloc'n to Fire Truck Reserve 5,000.00 ------------- TOTAL EXPENSES - FIRE DEPT 34,036.00 Description Beg:01 Jan 95 End:31 Dec 95 Type: B Setup: Other Protection expenses SAFETY 18 May 95 Other Protection expenses Beg:01 Jan 95 End:31 Dec 95 Type: B Building inspector\by-law pay 0.00 Buidling Inspector wages 10,920.00 Build Insp - CPP 200.00 Build Insp - UIC 450.00 Build Insp - EHT 150.00 Build Insp - benefits 1,404.00 Dog Catcher - pay 2,200.00 ------------- 15,324.00 Building inspector courses ------------- 1,000.00 Dog tags - purchase 75.00 Membership - building inspecto 75.00 Telephone - build insp. 0.00 ------------- 1,150.00 ------------- TOTAL EXPENSE OTHER PROTECTION 16,474.00 Description Beg:01 Jan 95 End:31 Dec 95 Type: B Setup: Transportation services (exp) SAFETY 18 May 95 Transportation services (exp) Beg:01 Jan 95 End:31 Dec 95 Type: B TRANSPORTATION SERVICES: Roads - Wages 63,000.00 Roads - Sick Leave Benefits 0.00 Roads - CPP 1,300.00 Roads - UIC 2,600.00 Roads - Employer Health Tax 600.00 Roads - insurance, pension 4,060.00 ------------- 71,560.00 Christmas lights - install ------------- 500.00 Small Tools 500.00 Equipment rentals 500.00 Equipment repair - roads 4,000.00 Gasoline - Roads 2,000.00 Grass cutting, Tree Trimming 1,000.00 Heating - roads 0.00 Hydro - roads 900.00 Maintenance - shop 4,000.00 Material - roads 15,000.00 Material - shop 2,000.00 Occupational Health & Safety 2,000.00 Roads - clearing 1,000.00 Roads - project management 0.00 Sand\Salt 750.00 Snowplowing 500.00 Street light hydro 6,500.00 Street lights - repair 2,000.00 Telephone - roads 600.00 Truck repairs - Roads 500.00 Vehicle licences 110.00 Water\sewer - roads 450.00 ------------- 44,810.00 ------------- TOTAL EXPENSES - ROADS 116,370.00 Description Beg:01 Jan 95 End:31 Dec 95 Type: B Setup: Sewage Works expenses SAFETY 18 May 95 Sewage Works expenses Beg:01 Jan 95 End:31 Dec 95 Type: B SEWER EXPENSES: Salaries 28,430.00 Sewer - CPP 427.50 Sewer - UIC 750.00 Sewer - EHT 250.00 Staff support 5,000.00 ------------- 34,857.50 Auditor ------------- 1,500.00 Administrative Overhead 8,000.00 Postage 1,000.00 Building maintenance 1,000.00 Hydro - sewage plant 1,000.00 Sewage plant telephone 0.00 Sewer precepts 87,000.00 Engineering 5,000.00 Building 3,000.00 Repairs to System 0.00 ------------- 107,500.00 ------------- Reserve - Sewage Treatment Plt 5,000.00 Reserve - Sewage System 5,000.00 Reserve - Sewage Equipment 5,000.00 TOTAL EXPENSES - SEWAGE 157,357.50 Description Beg:01 Jan 95 End:31 Dec 95 Type: B Setup: Water Works Expense SAFETY 18 May 95 Water Works Expense Beg:01 Jan 95 End:31 Dec 95 Type: B WATER EXPENSES: Salaries 25,377.25 Water - CPP 450.00 Water - UIC 667.50 Water - EHT 250.00 ------------- 26,744.75 Auditor 1,500.00 Administrative Overhead 10,000.00 Meters 3,000.00 Postage for w\s bills 1,000.00 Monthly water charge 24,800.00 Precepts 17,000.00 Repairs to system 5,000.00 Engineering 5,000.00 Building Maintenance 3,000.00 ------------- 70,300.00 ------------- Reserve - Water 10,000.00 Debt Repayment 9,500.00 ------------- TOTAL EXPENSES - WATER 116,544.75 Description Beg:01 Jan 95 End:31 Dec 95 Type: B Setup: Garbage Collection expenses SAFETY 18 May 95 Garbage Collection expenses Beg:01 Jan 95 End:31 Dec 95 Type: B GARBAGE COLLECTION SERVICES: Garbage collection 46,615.00 Recycling 0.00 Waste management 0.00 Transfer Station 5,000.00 ------------- TOTAL EXPENSES - GARBAGE 51,615.00 Description Beg:01 Jan 95 End:31 Dec 95 Type: B Setup: Recreation Department SAFETY 18 May 95 Recreation Department Beg:01 Jan 95 End:31 Dec 95 Type: B REVENUE Bank Interest 0.00 Baseball fees 0.00 Beer Tent revenue 0.00 Day Camp Revenue 0.00 Donation Revenue 0.00 Miscellaneous revenue 0.00 Nevada Proceeds 0.00 Park Booth Revenue 0.00 Province of Ontario Grant 5,000.00 Santa Claus Parade 0.00 Sports Activities Revenue 0.00 Tub Daze Entrance fees 0.00 Vendor Fees 0.00 Municipal Temporary Loan 0.00 Municipal Grant 0.00 jobs Ontario 0.00 Seed Grant 2,600.00 Total Revenue ------------- 7,600.00 EXPENSES ------------- Salaries 0.00 Salaries - ded. empl. 0.00 Salaries - deductions 0.00 Employer Health Tax Recreation 85.00 Recreation Director (Student) 5,200.00 ------------- 5,285.00 Audit Costs ------------- 0.00 Advertising\Promotion 0.00 Telephone - Ball park 225.00 Hydro - Ball park 585.00 Ball park water\sewer 450.00 Bank charges 0.00 Organized sports 0.00 Building\land maintenance 3,000.00 Day camp expenses 0.00 Donations to others 0.00 Lottery licences 0.00 Miscellaneous Expenses 0.00 Nevada tickets 0.00 Nevada tickets - commission 0.00 Santa Claus Parade 2,500.00 Supplies 0.00 Tub Daze 0.00 ------------- 6,760.00 Total Expenses ------------- 12,045.00 ------------- Description Beg:01 Jan 95 End:31 Dec 95 Type: B Setup: Recreation Department SAFETY 18 May 95 Recreation Department Beg:01 Jan 95 End:31 Dec 95 Type: B Reserve - Rec Board 0.00 Principle & Interest repmt 0.00 Bridge Financing repayment 0.00 ------------- 0.00 ------------- Net Income (Loss) 4,445.00- Description Beg:01 Jan 95 End:31 Dec 95 Type: B Setup: Museum Board SAFETY 18 May 95 Museum Board Beg:01 Jan 95 End:31 Dec 95 Type: B REVENUE Fund Raising Revenue 0.00 Bank interest 0.00 Canada Day revenue 0.00 Christmas 0.00 Donation Revenue 0.00 Entrance Fee - Lighthouse 0.00 Entrance Fee - Museum 4,000.00 Miscellaneous Revenue 0.00 Provincial Grant 0.00 Seed Grant 0.00 Nevada revenue - Museum 0.00 Total Revenue ------------- 4,000.00 ------------- EXPENSES Staff salaries 0.00 Staff - deductions 0.00 Staff - ded. employer 0.00 Employer Health Tax - Museum 0.00 ------------- 0.00 Audit Costs ------------- 0.00 Bank Charges 0.00 Canada Day expenses 0.00 Cost of Fund raising 0.00 Lighthouse - Hydro 230.00 Miscellaneous Expenses 0.00 Museum Maintenance 1,200.00 Museum advertising 0.00 Museum donations expended 0.00 Museum heating 650.00 Museum Hydro 1,300.00 Office Supplies 0.00 Museum - telephone 250.00 Museum - water\sewer 650.00 Victoria day expenses 0.00 Nevada Costs - Museum 0.00 ------------- 4,280.00 Total Expenses ------------- 4,280.00 ------------- Reserve - Museum 0.00 ------------- Net Income (Loss) 280.00- Description Beg:01 Jan 95 End:31 Dec 95 Type: B Setup: Planning & Development expense SAFETY 18 May 95 Planning & Development expense Beg:01 Jan 95 End:31 Dec 95 Type: B PLANNING & DEVELOPMENT Architect 0.00 Engineering 2,000.00 General planning 8,000.00 Marina planning 2,000.00 Surveyor - Land 0.00 ------------- TOTAL EXPENSES - P & D 12,000.00 Description Beg:01 Jan 95 End:31 Dec 95 Type: B Setup: Roadways - Capital SAFETY 18 May 95 Roadways - Capital Beg:01 Jan 95 End:31 Dec 95 Type: B Engineering 0.00 Municipal Mapping 0.00 Roads - constructon 100,000.00 Roads - master plan 2,000.00 Roads - equipment 12,500.00 Roads - Building 0.00 Roads - Signage 3,000.00 Sidewalks 40,000.00 TOTAL ROADWAYS- CAPITAL ------------- 157,500.00 Description Beg:01 Jan 95 End:31 Dec 95 Type: B Setup: Street Lighting - Capital SAFETY 18 May 95 Street Lighting - Capital Beg:01 Jan 95 End:31 Dec 95 Type: B New street lights 15,000.00 TOTAL STREET LIGHTING CAPITAL ------------- 15,000.00 Description Beg:01 Jan 95 End:31 Dec 95 Type: B Setup: Harbour SAFETY 18 May 95 Harbour Beg:01 Jan 95 End:31 Dec 95 Type: B Dredging 0.00 Sheet Piling (LPRCA) 8,500.00 Docks 0.00 TOTAL HARBOUR AND DOCKS ------------- 8,500.00 Description Beg:01 Jan 95-._ End:31 Dec 95 Type: B Setup: Fire Fighting Equipment SAFETY 18 May 95 Fire Fighting Equipment Beg:01 Jan 95 End:31 Dec 95 Type: B Fire Fighting Capital Air Tanks 0.00 Bunker Suits 0.00 First Response Equipment 1,000.00 Fire Fighting Equipment 2,500.00 Pager & Radios 1,000.00 Truck & Accessories 0.00 S.C.B.A. 2,000.00 TOTAL FIRE FIGHTING EQUIPMENT ------------- 6,500.00 Description Beg:01 Jan 95 End:31 Dec 95 Type: B Setup: Sanitary Sewer System SAFETY 18 May 95 Sanitary Sewer System Beg:01 Jan 95 End:31 Dec 95 Type: B Water system 8,000.00 Sewage system 0.00 Sewage plant 0.00 TOTAL CAPITAL SANITARY SEWER ------------- 8,000.00 Description Beg:01 Jan 95 End:31 Dec 95 Type: B Setup: Recreation & Culture - Capital SAFETY 18 Mav 95 Recreation & Culture - Capital Beg:01 Jan 95 End:31 Dec 95 Type: B RECREATION CAPITAL Sound Equipment 0.00 Baseball Diamond 0.00 Baseball Equipment 0.00 Market Square 38,000.00 Museum Capital 0.00 ------------- TOTAL REC & CULTURE - CAPITAL 38,000.00 Description Beg:01 Jan 95 End:31 Dec 95 Type: B Setup: Other - Capital SAFETY 19 May 95 Other - Capital Beg:01 Jan 95 End:31 Dec 95 Type: B Office Computers 0.00 Fax Machine 0.00 Misc Office Capital 0.00 Village Signs 2,000.00 Filing System 0.00 Building 39,000.00 TOTAL OTHER - CAPITAL ------------- 41,000.00 Description Beg:01 Jan 95 End:31 Dec 95 Type: B The Corporation of the Village of Port Burwell Post Office Box # 10 21 Pitt Street Port Burwell, Ontario By -Law 95-26 Being a By -Law to authorize the Reeve and the Administrator/Clerk-Treasurer to enter into a licence agreement with Gordon Craig to operate a marina. WHEREAS the Municipal Act RSO 1990 c. M.45 Section 102 provides that every council may pass such by-laws and mare such regulations for the health, safety, morality and welfare of the inhabitants of the municipality in matters not specifically provided for by this Act and for governing the conduct of its members as may be deemed expedient and are not contrary to law. 1994, c.23, s. 54. AND WHEREAS the Council of the Corporation of the Village of Port Burwell deems it necessary to enter into a licence agreement with Gordon Craig to operate a marina. The Council of the Village of Port Burwell hereby directs the Reeve and Administrator/Clerk- Treasurer to enter into the licence agreement as attached Schedule "A". Read a " and sec n tin e i d day of May, 1995. Ree AAr6inistrator/Clerk-Treasurer Read a time ai} fin4y posed this 23rd day of May, 1995. eve — — A istrator/Clerk-Treasurer THIS LICENCE AGREEMENT made this 23rd day of May, A.D., 1995. CORPORATION OF THE VILLAGE OF PORT BURWELL (hereinafter called the "Municipality" or the "Village") OF THE FIRST PART and (hereinafter called the "Licensee") OF THE SECOND PART IN CONSIDERATION of the mutual covenants contained in this Licence agreement the parties agree as follows: 1.01 Terms Defined In this Agreement: "Licensed Premises" means the lands described in SK 1, forming part of this agreement and all buildings, boat slips, boat ramp, and all other improvements on those lands. 2.01 Licence The Village, in consideration of the licence fee and the covenants hereinafter stipulated to be paid and performed by the Licensee, hereby licences the Licensee for the term herein, to use the licensed premises for he purposes set out in this licence agreement. 3.01 Term The Licensee shall have the right to use the licensed premises for and during the term which shall he for seven months commencing May 15, 1995 to October 31, 1995. 4.0 Payment 4.01 The Licensee will pay a total license fee in the amount of $6,000.00. 4.02 The Licensee shall pay the license fee as stipulated in 4.01 to the Municipality as follows; a) $2,500 June 1, 1995, and; h) $2,500 on July 1, 1995, and; c) $1,000.00 on August 1, 1995 5.00 The Licensee Covenants with the Municipality as follows: 5.01 To use the Licensed Premises for the purpose of renting out boat slips and launching of boats along with the sale of gas, confections ('does not include mobile food booths selling hotdogs, french fries and similar foodstuffs) only and other products associated with the use of the licensed premises. 5.02 To pay the license fee without demand. 5.03 To maintain in good repair the Village's docks and to return those docks to the Village at the end of the Term, in the same condition as they were received by the licensee. Should any dock(s) become damaged beyond repair, or lost, when in the possession and use of the licensee, howsoever caused, the licensee agrees to replace such dock(s) to the Village's satisfaction or to pay to the Village a sum of money as compensation, which sum shall he the replacement cost of the dock(s) as determined at the sole discretion of the Village. 5.04 Workers' Compensation Insurance If the nature of the Licensee's operation is such as to place all or any of its employees under the coverage of workers' compensation or similar statutes, the Licensee also will keep in force, at its expense, during the term, workers' compensation or similar insurance affording statutory coverage and containing statutory limits. 2 5.05 Comprehensive General Liability Insurance To tape out and beep in force throughout the Term comprehensive general liability insurance against claims for personal injury, death or property damage or loss arising out of all operations of the Licensee and sublicensees, concessionaires, licensees and other persons conducting business on or from the Licensed Premises, indemnifying and protecting the Municipality and the Licensee to a limit of no less than $1,000,000.00 inclusive. 5.06 Insurance Policies Each insurance policy referred to herein will: a) name the Municipality and any persons, firms or corporations designated by the Municipality as additional named insureds as their interest may appear; b) contain, if available and as appropriate, a waiver of rights of suhrogation against the Municipality and the Licensee, or a cross - liability clause protecting the Municipality and other insureds designated by it against claims as if the Municipality were separately insured; and, c) contain a clause that the insurer will not cancel or change or refuse to renew the insurance without first giving the Municipality thirty (30) days prior written notice. d) All policies of insurance will he with insurers acceptable to the Municipality and in form satisfactory to the Municipality, and the Licensee will see that there is delivered to the Municipality copies of certificates of the policies. If the Licensee fails to take out or beep in force any policy of insurance referred to herein, the Municipality may do so and pay the premiums, and in that event the amount so paid as premiums plus ten percent (10 %) for overhead shall be due and payable as Rent in arrears. e) All policies will he kept in force throughout the term and during such other time as the Licensee occupies the Licensed Premises or any part thereof. 3 5.07 Indemnification of the Municipality To indemnify the Municipality 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 the licensed Premises or the occupancy or use of the Licensed Premises or occasioned wholly or in part by an act or omission of the Licensee, its officers, employees, agents, customers, contractors or other invitees, licensees or concessionaires or by anyone permitted by the Licensee to he on the premises. In case the Municipality, without actual (as opposed to merely vicarious) fault on its part, is made a party to litigation begun by or against the Licensee, excepting a Kona fide action by the Licensee against the Municipality, the Licensee will protect and hold the Municipality harmless and will pay all costs, expenses and reasonable legal fees incurred or paid by the Municipality in connection with the litigation. 5.08 Nuisance and Garbage - Not to cause, permit or suffer any unusual or objectionable noises or odors to emanate from the Licensed Premises. The Licensee shall deposit all garbage, debris, trash and refuse from the areas in approved containers as designated by the municipality. Garbage, debris, trash and refuse disposal shall he the responsibility of the licensee. If garbage, debris, trash and refuse is not disposed of in a timely fashion, it shall he picked up by the municipal authorities at the expense of the licensee, at a rate of $100.00 per occurrence. 5.09 Costs - To pay to the Village all costs incurred including all legal fees (on a solicitor and his own client basis) and disbursements incurred in enforcing any covenants contained in this Licence or in the event that the Licensee fails to perform its obligations and the Village assumes those obligations pursuant to the terms of this agreement, or with respect to any other litigation arising from this agreement. 5.10 Compliance with Legislation - To observe and fulfil the lawful provisions and requirements of all statutes, by-laws, rules and regulations, municipal, provincial or federal, relating to the Licensed Premises, and, in particular and, without limiting the generality of the foregoing, shall maintain all equipment and apparatus now installed or required to he installed from time to time by any authority on the Licensed Premises. 4 5.11 The Licensee agrees that he/she shall be responsible for operating and managing the licensed premises including providing health facilities as required, repairs to existing ramps and docks as required, keep the area clean and clear of garbage including disposal thereof. 5.12 The licensee shall deposit with the Village upon the execution of this agreement, the sum of $3,000.00 or a performance bond in a form acceptable to the Village, which will he held by the Village as a security for the return or replacement of the docks at the end of the term as is required in clause 5.03 of this agreement. Monies deposited as security with the Village shall he retained in trust and shall he returned to the licensee following the end of the term, without interest, upon being satisfied that the licensee is in compliance with clause 5.03. 6.00 The Municipality covenants with the Licensee as follows: 6.01 a) To permit the licensee to use the docks owned by the municipality, for the purpose of renting out docking spaces to boat users; h) To permit the licensee to charge and collect fees for boat docking and boat launching, as the licensee shall determine in its discretion; c) To permit the licensee the reasonable use of adjacent lands, as shown on schedule 'A' for daily parking only, of vehicles and trailers while using the license facilities; d) To permit the license to manage and operate the licensed premises as he/she sees fit, so long as the licensee is in compliance with the terms of this agreement and all applicable laws. 6.02 The reasonable use of parking only of vehicles municipal facilities. surrounding land for daily and trailers while using the 5 7.00 The Municipality and Licensee mutually agrees as follows: 7.01 Re-entry That the Municipality has a right of re-entry on non-payment of rent or non-performance of covenants, subject to the provisions of this Licence. 7.02 Failure to Pay Licensee Fee or Observe Covenants If the Licensee fails to pay any instalment of the licence fee or additional licence fees payable herein then the licence granted shall he terminated and the rights hereby granted to the licensee hereunder shall thereupon immediately cease and expire. 7.03 Right of Entry to Perform Covenants That if the Licensee shall default in the performance of any covenant in this Licence (except the covenant to pay rent), and if such default shall continue for ten (10) days after written notice thereof to the Licensee, the Municipality may perform that covenant on the Licensee's behalf and may enter the Licensed Premises for that purpose, and the Municipality shall not he liable to the Licensee for any loss or damage to the Licensee's property or business caused by so doing. 7.04 Signs That the Licensee shall have the right to place, a sign or signs setting out the name and business of the Licensee, provided that it shall first have obtained the Municipality's consent in writing, such consent not to he unreasonably withheld, as to the specifications and location therefore, and provided the sign or signs conform to all municipal regulations and by-laws. 7.05 No Waiver That the, waiver by the Municipality or the Licensee of a breach of a term, covenant or condition of this Licence will not he considered to he a waiver of a subsequent breach of the term, covenant or condition or of another term, covenant or condition. The subsequent acceptance of rent by the 0 Municipality will not be considered to be a waiver of a preceding breach by the Licensee of a term, covenant or condition of this Licence, and regardless of the Municipality's knowledge of the preceding breach, it will not be considered to have been waived by the Municipality or by the Licensee unless the waiver is in writing signed by the Municipality or by the Licensee, as the case may be. 7.06 Assignment The Licensee may not sublet or assign or transfer its interest in this Licence without securing the written consent of the Municipality, which consent may not he unreasonably and arbitrarily refused by the Municipality. 7.07 Notice That all notices which it may be necessary or proper for either party to serve upon the other shall he effectively served if sent postage prepaid to the following addresses: Licensee's Address: Gordon Craig S 0 Municipality's Address: ✓ Village of Port Burwell Post Office Box # 10 Port Burwell ON NOJ 1T0 add 11z 7 All notices so mailed shall be deemed to have been received on the third business day after mailing provided that each party may from time to time specify in writing a new address to which any such notice shall thereafter and until further notice be sent. IN WITNESS WHEREOF the parties hereto have hereunto set their hands and seals. CORPORATION OF THE VILLAGE OF PORT BURWELL rator/Clerk-Treasurer Goidon Craig, Licensee r4 NNYSON ST � I � ❑ WATERLOO ST ❑ L Q Yll i MNR DSO `��BLACK D Q A kN cj EWTON ST Q 4 0 0 0( o Q F I ❑ ❑ h o i ltlfl °apdo f ❑ WA TERl00 ST daces n I C — ,� g O ARKONG A►RR o 0� 0280 o N I l Q o o .0 C:D QQ o E = Q o �ST l0Q srQ C3 !1 i LAKE -0 o p 0i 0-f o ERIE SK I VILLAGE of PORT BURWELL MUNICIPAL DoCxs TENDER PO Box 10 PORT BURWELL ON NOJ ITO ti(o'4—ir dv-t #-,i a c-5- / - _ O Z THIS LICENCE AGREEMENT made this It-6-7 71�,--- day of May, A.D., 1995. CORPORATION OF THE VILLAGE OF PORT BURWELL (hereinafter called the "Municipality" or the "Village") OF THE FIRST PART and (hereinafter called the "Licensee") OF THE SECOND PART IN CONSIDERATION of the mutual covenants contained in this Licence agreement the parties agree as follows- 1.01 Terms Defined In this Agreement: "Licensed Premises" means the lands described in SK 1 and all buildings, boat slips, host ramp, and all other improvements on those lands. 2.01 Licence The Village, in consideration of the licence fee and the covenants hereinafter stipulated to he paid and performed by the Licensee, herehy licences the Licensee for the term herein, to use the licensed premises for he purposes set out in this licence agreement. 3.01 Term The Licensee shall have the right to use the licensed premises for and during the term which shall he for seven months commencing May 15, 1995 to Octoher 31, 1995. 1 4.0 Payment 4.01 The Licensee will pay a total license fee in the amount of $5,000.00. 4.02 The Licensee shall pay the license fee as stipulated in 4.01 to the Municipality as follows; a) $2,500 upon the signing of this licensee agreement, and; b) $2,500 on July 1, 1995 C 0-4� C-) / &-V-D -.-b 0 -f +a CO (/1 5.00 The Licensee Covenants with the Municipality as follows: 5.01 To use the Licensed Premises for the purpose of renting out boat slips and launching of boats along with the sale of gas, confections (does not include mobile food booths selling hotdogs, french fries and similar foodstuffs) only and other products associated with the use of the licensed premises. 5.02 To pay the license fee without demand. 5.03 To maintain in good repair the Village's docks and to return those docks to the Village at the end of the Term, in the same condition as they were received by the licensee. Should any dock(s) become damaged beyond repair, or lost, when in the possession and use of the licensee, howsoever caused, the licensee agrees to replace such dock(s) to the Village's satisfaction or to pay to the Village a sum of money as compensation, which sum shall be the replacement cost of the dock(s) as determined at the sole discretion of the Village. 5.04 Workers' Compensation Insurance --' If the nature of the Licensee's operation is such as to place all or any of its employees under the coverage of workers' compensation or similar statutes, the Licensee also will keep in force, at its expense, during the term, workers' compensation or similar insurance affording statutory coverage and containing statutory limits. �r1wt 2 5.05 Comprehensive General Liability Insurance To take out and keep in force throughout the Term comprehensive general liability insurance against claims for personal injury, death or property damage or loss arising out of all operations of the Licensee and sublicensees, concessionaires, licensees and other persons conducting business on or from the Licensed Premises, indemnifying and protecting the Municipality and the Licensee to a limit of no less than $1,000,000.00 inclusive. 5.06 Insurance Policies Each insurance policy referred to herein will: a) name the Municipality and any persons, firms or corporations designated by the Municipality as additional named insureds as their interest may appear; b) contain, if available and as appropriate, a waiver of rights of subrogation against the Municipality and the Licensee, or a cross - liability clause protecting the Municipality and other insureds designated by it against claims as if the Municipality were separately insured; and, c) contain a clause that the insurer will not cancel or change or refuse to renew the insurance without first giving the Municipality thirty (30) days prior written notice. d) All policies of insurance will he with insurers acceptable to the Municipality and in form satisfactory to the Municipality, and the Licensee will see that there is delivered to the Municipality copies of certificates of the policies. If the Licensee fails to take out or keep in force any policy of insurance referred to herein, the Municipality may do so and pay the premiums, and in that event the amount so paid as premiums plus ten percent (10 %) for overhead shall he due and payable as Rent in arrears. e) All policies will be kept in force throughout the term and during such other time as the Licensee occupies the Licensed Premises or any part thereof. 3 5.07 Indemnification of the Municipality To indemnify the Municipality 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 the licensed Premises or the occupancy or use of the Licensed Premises or occasioned wholly or in part by an act or omission of the Licensee, its officers, employees, agents, customers, contractors or other invitees, licensees or concessionaires or by anyone permitted by the Licensee to he on the premises. In case the Municipality, without actual (as opposed to merely vicarious) fault on its part, is made a party to litigation begun by or against the Licensee, excepting a bona fide action by the Licensee against the Municipality, the Licensee will protect and hold the Municipality harmless and will pay all costs, expenses and reasonable legal fees incurred or paid by the Municipality in connection with the litigation. 5.08 Nuisance and Garbage - Not to cause, permit or suffer any unusual or objectionable noises or odors to emanate from the Licensed Premises. The Licensee shall deposit all garbage, debris, trash and refuse from the areas in approved containers as designated by the municipality. Garbage, debris, trash and refuse disposal shall he the responsibility of the licensee. If garbage, debris, trash and refuse is not disposed of in a timely fashion, it shall he picked up by the municipal authorities at the expense of the licensee, at a rate of $100.00 per occurrence. 5.09 Costs - To pay to the Village all costs incurred including all legal fees (on a solicitor and his own client basis) and disbursements incurred in enforcing any covenants contained in this Licence or in the event that the Licensee fails to perform its obligations and the Village assumes those obligations pursuant to the terms of this agreement, or with respect to any other litigation arising from this agreement. 5.10 Compliance with Legislation - To observe and fulfil the lawful provisions and requirements of all statutes, by-laws, rules and regulations, municipal, provincial or federal, relating to the Licensed Premises, and, in particular and, without limiting the generality of the foregoing, shall maintain all equipment and apparatus now installed or required to be installed from time to time by any authority on the Licensed Premises. 4 5.11 The Licensee agrees that he/she shall be responsible for operating and managing the licensed premises including providing health facilities as required, repairs to existing ramps and docks as required, keep the area clean and clear of garbage including disposal thereof. 5.12 The licensee shall deposit with the Village upon the execution of this agreement, the sum of $3,000.00 or a performance bond in a form acceptable to the Village, which will he held by the Village as a security for the return or replacement of the docks at the end of the term as is required in clause 5.03 of this agreement. Monies deposited as security with the Village shall he retained in trust and shall be returned to the licensee following the end of the term, without interest, upon being satisfied that the licensee is in compliance with clause 5.03. 6.00 The Municipality covenants with the Licensee as follows: 6.01 a) To permit the licensee to use the docks owned by the municipality, for the purpose of renting out docking spaces to boat users; h) To permit the licensee to charge and collect fees for boat docking and boat launching, as the licensee shall determine in its discretion; c) To permit the licensee the reasonable use of adjacent lands, as shown on schedule 'A' for daily parking only, of vehicles and trailers while using the license facilities; d) To permit the license to manage and operate the licensed premises as he/she sees fit, so long as the licensee is in compliance with the terms of this agreement and all applicable laws. 6.02 The reasonable use of parking only of vehicles municipal facilities. surrounding land for daily and trailers while using the 7.00 The Municipality and Licensee mutually agrees as follows: 7.01 Re-entry That the Municipality has a right of re-entry on non-payment of rent or non-performance of covenants, subject to the provisions of this Licence. 7.02 Failure to Pay Licensee Fee or Observe Covenants If the Licensee fails to pay any instalment of the licence fee or additional licence fees payable herein then the licence granted shall be terminated and the rights hereby granted to the licensee hereunder shall thereupon immediately cease and expire. 7.03 Right of Entry to Perform Covenants That if the Licensee shall default in the performance of any covenant in this Licence (except the covenant to pay rent), and if such default shall continue for ten (10) days after written notice thereof to the Licensee, the Municipality may perform that covenant on the Licensee's behalf and may enter the Licensed Premises for that purpose, and the Municipality shall not be liable to the Licensee for any loss or damage to the Licensee's property or business caused by so doing. 7.04 Signs That the Licensee shall have the right to place, a sign or signs setting out the name and business of the Licensee, provided that it shall first have obtained the Municipality's consent in writing, such consent not to he unreasonably withheld, as to the specifications and location therefore, and provided the sign or signs conform to all municipal regulations and by-laws. 7.05 No Waiver That the waiver by the Municipality or the Licensee of a breach of a term, covenant or condition of this Licence will not be considered to he a waiver of a subsequent breach of the term, covenant or condition or of another term, covenant or condition. The subsequent acceptance of rent by the 6 Municipality will not be considered to be a waiver of a preceding breach by the Licensee of a term, covenant or condition of this Licence, and regardless of the Municipality's knowledge of the preceding breach, it will not he considered to have been waived by the Municipality or by the Licensee unless the waiver is in writing signed by the Municipality or by the Licensee, as the case may he. 7.06 Assignment The Licensee may not sublet or assign or transfer its interest in this Licence without securing the written consent of the Municipality, which consent may not be unreasonably and arbitrarily refused by the Municipality. 7.07 Notice That all notices which it may be necessary or proper for either party to serve upon the other shall be effectively served if sent postage prepaid to the following addresses: Licensee's Address: Municipality's Address: Village of Port Burwell Post Office Box # 10 Port Burwell ON NOJ 1T0 7 All notices so mailed shall be deemed to have been received on the third business day after mailing provided that each party may from time to time specify in writing a new address to which any such notice shall thereafter and until further notice he sent. IN WITNESS WHEREOF the parties hereto have hereunto set their hands and seals. CORPORATION OF THE VILLAGE OF PORT BURWELL Date Reeve /rtr 4 Y16,i boX17z �1L� /(iD�IGD M. �E/II'ROM SI D o CQO 9 cl .+rtnoo 4 o WE o o r ^` U C? 000 0 00 p goo -� 0 C? C3 0 CO p�' 0 o o — a cl CD CS dal Qo O V v' SK VILLAGE OIL PORT BURWELL PORT BURWELL MARINA TENDER PO Box 10 PORT BUMVELL ON NOJ ITO LAKE EME The Corporation of the Village of Port Burwell Post Office Box # 10 21 Pitt Street Port Burwell, Ontario By -Law 95-27 Being a By -Law to authorize the Reeve and the Administrator/Clerk- Treasurer to enter into an agreement with Higgs & Higgs Incorporated for the removal of bottom material from within the Big Otter Creek. WHEREAS the Municipal Act RSO 1990 c. M.45 Section 102 provides that every council may pass such by-laws and make such regulations for the health, safety, morality and welfare of the inhabitants of the municipality in matters not specifically provided for by this Act and for governing the conduct of its members as may be deemed expedient and are not contrary to law. 1994, c.23, s. 54. AND WHEREAS the Council of the Corporation of the Village of Port Burwell upon the completion of a public tender for dredging services deems it necessary to enter into an agreement with Higgs & Higgs Incorporated based on a fixed hourly rate for the removal of an amount to he determined at a later date, bottom material from within the Big Otter Creep basin at/near the mouth of the Otter Creep (as illustrated on the attached sketch). 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". Read a first second ti this 23rd ay of May, 1995. Reev A mi traitor/Clerk-Treasurer Read a thtime and nally asse this 23rd day of May, 1995. eve istrator/Qerk-Treasurer Standard Construction Document - CCDC 2 - 1982 AGREEMENT BETWEEN OWNER AND CONTRACTOR for use when a stipulated price forms the basis of payment and to be used only with the General Conditions of the Stipulated Price Contract. This Agreement made on the......... .............. day of ..../.�.Ct ............... in the year nineteen hundred and. . . /V�44C'-/—x ... ...................................... by and between ......... &A Q 4.4/5e 49,eY. z ........... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . hereinafter called the "Owner" and . . . . . . . . . 4Z i ..�, . . /. J.Z/ .... 11-VIrl .................................. hereinafter called the "Contractor witnesses: that the parties agree as follows ARTICLE A-1 THE WORK The Contractor shall: (a) perform the Work required by the Contract Documents for brcd -09 - q1 -& C"Clr. cr.MK ....... -Anserr � '. V -the one of the Work and the Protect) (b) do and fulfill everything indicated by this Agreement, and (c) commence the Work by the ... (0 ..... day of ... \::�ru-nlr .............. 119.9� and attain Substantial Performance of the Work, as certified by the Consultant, by the . 30 day of ... \Jj-,XPC, 19.01Y CC DC 2 - 1982 File 00510 ARTICLE A-3 CONTRACT PRICE The Contract Price is.. i:)Zi C%�JC� :. �Gf0.� .1 #l�1' �ft!:. �CC�Q)(Y� ..................... ...................................................................................dotlars (_ . . ....... . ............. ) in Canadian funds, which price shall be subject to adjustments as may be required in accordance with the provisions of the Contract Documents. ARTICLE A-4 PAYMENT (a) Subject to applicable legislation and the provisions of the Contract Documents, and in accordance with legislation and statutory regulations respecting holdback percentages and, where such legislation or regula- tions do not exist or apply, subject to a holdback of °��'c0 percent ( ►o the Owner shall: (1) make monthly payments in Canadian funds to the Contractor on account of the Contract Price. The amounts of such payments shall be as certified by the Consultant, and (2) upon Substantial Performance of the Work as certified by the Consultant pay to the Contractor the unpaid balance of holdback monies then due, and 131 upon Total Performance of the Work as certified by the Consultant pay to the Contractor the unpaid balance of the Contract Price then due. (b) In the event of loss or damage occuring where payment becomes due under the property and boiler insurance policies, payments shall be made to the Contractor in accordance with the provisions of GC 20 — INSURANCE. (c) If the Owner fails to make payments to the Contractor as they become due under the terms of this Contract or in an award by arbitration or court, interest of 16 percent ( %)per annum on such unpaid amounts shall also become due and payable until payment. Such interest shall be calculated and added to any unpaid amounts monthly. ARTICLE A-5 RIGHTS AND REMEDIES (a) The duties and obligations imposed by the Contract Documents and the rights and remedies available thereunder shall be in addition to and not a limitation of any duties, obligations, rights and remedies otherwise unposed or available by law. Ib) No action or failure to act by the Owner, Consultant or Contractor shall constitute a waiver of any right or duty afforded any of them under the Contract, nor shall any such action or failure to act constitute an approval of or acquiescence in any breach thereunder, except as may be specifically agreed in writing. CCDC 2 — 1992 Fib 00510 3 ARTICLE A-9 SUCCESSION The General Conditions of the Stipulated Price Contract hereto annexed, and the other aforesaid Contract Documents, are to be read into and form part of this Agreement and the whole shall constitute the Contract be- tween the parties and subject to law and the provisions of the Contract Documents shall enure to the benefit of and be binding upon the parties hereto, their respective heirs, legal representatives, successors and assigns. In witness whereof the parties hereto have executed this Agreement under their respective corporate seals and by the hands of their proper officers thereunto duly authorized. SIGNED, SEALED AND DELIVERED in the presence of: OWNER nWM ........................................ .. ........ ................. rur. .% ? . xlEf norm and title none Md b� CONTRACTOR qqS.. ; .. �►QAS.................... name J� �JJ ........................................ ......... ......... name and ride signature ......................................... ne/rm and &de ..... Z"�'.. ...................... wrrnesa .......................................... nerve end &de N.B. Where legal jurisdiction, local practice, or Owner or Contractor requirement calls for proof of authority to ex- ecute this document, proof of such authority in the form of a certified copy of a resolution naming the person or persons in question as authorized to sign the Agreement for and on behalf of the corporation or partnership, parties to this Agreement, should be attached. rrnr 7 — icAr Files amto 6 Stwdsrd Connmctlon Oocunwnt — CCDC 2 —1902 DEFINITIONS The following Definitions shall apply to all Contract Documents. The Contract The Contract Documents form the Contract. The Contract is the undertaking by the parties to perform their respective duties, responsibilities and obligations as prescribed in the Contract Documents and represents the entire agreement between the parties. The Contract supersedes all prior negotiations, representations or agreements, either written or oral, including the bidding documents. The Contract may be amended only as provided in the General Conditions of the Contract. 2. Contract Documents The Contract Documents consist of the executed Agreement between the Owner and Contractor, the General Conditions of the Contract, Supplementary Conditions, Definitions, specifications, drawings and such other documents as are listed in Article A-2 - CONTRACT DOCUMENTS including amendments thereto incorporated before the execution of the Contract and subsequent amendments thereto made pur- suant to the provisions of the Contract and agreed upon between the parties. 3. Owner The Owner is the person, firm or corporation identified as such in the Agreement and is referred to throughout the Contract Documents as if singular in number and masculine in gender. The term Owner means the Owner or his authorized agent or representative as designated to the Contractor in writing but does not include the Consultant. 4. Consultant The Consultant is the person, firm or corporation identified as such in the Agreement, and is an Architect or Engineer licensed to practice in the province or territory of the Place of the Work, and is referred to throughout the Contract Documents as if singular in number and masculine in gender. 5. Contractor The Contractor is the person, firm or corporation identified as such in the Agreement and is referred to throughout the Contract Documents as if singular in number and masculine in gender. The term Contrac- tor means the Contractor or his authorized representative as designated to the Owner in writing. 6. Subcontractor A Subcontractor is a person, firm or corporation having a direct contract with the Contractor to perform a part or parts of the Work, or to supply products worked to a special design according to the Contract Documents, but does not include one who merely supplies products not so worked. The term Subcontrac- tor is referred to throughout the Contract Documents as if singular in number and masculine in gender. 7. The Project The Project means the total construction contemplated of which the Work may be the whole or a part. 8. The Work The Work means the total construction and related services required by the Contract Documents. 9. Products Products means material, machinery, equipment and fixtures forming the Work but does not include machinery and equipment used for preparation, fabrication, conveying and erection of the Work and nor- mally referred to as construction machinery and equipment. 10. Other Contractor Other Contractor means a person, firm or corporation employed by or having a separate contract directly or indirectly with the Owner for work other than that required by the Contract Documents. 11. Place of the Work The Place of the Work is the designated site or location of the Project of which the Work may be the whole or a part. CCDC 2 — 1%2 F,fe 00510 GC 4 DELAYS 4.1 If the Contractor is delayed 1n the performance of the Work by an act or omission of the Owner, Consultant, Other Contractor, or anyone employed or engaged by them directly or indirectly, contrary to the provisions of the Contract Documents, then the Contract Time shall be extended for such reasonable time as the Consultant may decide in consultation with the Contractor. The Contractor shall be reimbursed by the Owner for reasonable costs incurred by the Contractor as the result of such delay. 4.2 If the Contractor is delayed 1n the performance of the Work by a stop work order issued by a court or other public authority and providing that such order was not issued as the result of an act or fault of the Contrac- tor or anyone employed or engaged by him directly or indirectly, then the Contract Time shall be extended for such reasonable time as the Consultant may decide in consultation with the Contractor. The Contrac- tor shall be reimbursed by the Owner for reasonable costs incurred by the Contractor as the result of such delay. 4.3 If the Contractor 1s delayed in the performance of the Work by labour disputes, strikes, lock -outs (including lock -outs decreed or recommended for its members by a recognized contractors' association, of which the Contractor is a member or to which the Contractor is otherwise bound), fire, unusual delay by common carriers or unavoidable casualties or, without limit to any of the foregoing, by a cause beyond the Contractor's control, then the Contract Time shall be extended for such reasonable time as the Consultant may decide in consultation with the Contractor, but in no case shall the extension of time be less than the time lost as the result of the event causing the delay, unless such shorter extension be agreed to by the Contractor. The Contractor shall not be entitled to payment for costs incurred as the result of such delays unless such delays are as the result of actions by the Owner. 4A No extension shall be made for delay unless written notice of claim 1s given to the Consultant not later than fourteen 114) days after the commencement of delay, providing however, that 1n the case of a continuing cause of delay only one notice of claim shall be necessary. 4.5 If no schedule is made under GC 2 — ADDITIONAL INSTRUCTIONS, no claim for delay shall be allowed because of failure to furnish instructions until fourteen i 14) days after demand for such instructions has been made and not then unless such claim 1s reasonable. 46 The Consultant will not, except by written notice to the Contractor, stop or delay the Work pending instructions or proposed changes in the Work. GC5 OWNER'S RIGHT TO PERFORM WORK OR STOP THE WORK OR TERMINATE CONTRACT 5.1 If the Contractor should be adjudged bankrupt, or makes a general assignment for the benefit of creditors because of his insolvency or if a receiver is appointed because of his insolvency, the Owner may, without prejudice to any other right or remedy he may have, by giving the Contractor or receiver or trustee in bankruptcy written notice, terminate the Contract. 5.2 If the Contractor should neglect to prosecute the Work properly or otherwise fails to comply with the requirements of the Contract to a substantial degree and if the Consultant has given a written statement to the Owner and Contractor that sufficient cause exists, the Owner may notify the Contractor in writing that he 1s in default of his contractual obligations and instruct him to correct the default in the five (5) working days immediately following the receipt of such notice. 5 3 If the correction of the default cannot be completed 1n the five (5) working days specified, the Contractor shall be in compliance with the Owners instructions if he - (a) commences the correction of the default within the specified time, and (b) provides the Owner with an acceptable schedule for such correction, and (c) completes the correction in accordance with such schedule. 5.4 If the Contractor fails to correct the default in the time specified or subsequently agreed upon, the Owner, without prejudice to any other right or remedy he may have, may: (a) correct such default and deduct the cost thereof from any payment then or thereafter due the Con- tractor provided the Consultant has certified such cost to the Owner and the Contractor, or (b) terminate the Contractor's right to continue with the Work in whole or 1n part or terminate the Contract. 5.5 If the Owner terminates the Contractor's right to continue with the Work under the conditions sut out in this General Condition, he shall: (a) be entitled to take possession of the premises and products and utilize the construction machinery and equipment the whole subject to the rights of third parties, and finish the Work by whatever method he may consider expedient but without undue delay or expense, and (b) withhold further payments to the Contractor until the Work is finished, and CCDC 2 — 1982 File 00710 GC 13 APPLICATIONS FOR PAYMENT 13.1 Applications for payment on account may be made monthly as the Work progresses. 13.2 Applications for payment shall be dated the last day of the agreed monthly payment period and the amount claimed shall be for the value, proportionate tc the amount of the Contract, of work performed and products delivered to the Place of the Work at that date. 13.3 The Contractor shall submit to the Consultant, at least fourteen (14) days before the first application for payment, a schedule of values of the various parts of the Work, aggregating the total amount of the Con- tract Price and divided so as to facilitate evaluation of applications for payment. 13.4 This schedule shall be made out in such form and supported by such evidence as to its correctness as the Consultant may reasonably direct and when approved by the Consultant shall be used as the basis for applications for payment, unless it be found to be in error. 13.5 When making applications for payment, the Contractor shall submit a statement based upon this schedule. Claims for products delivered to the Place of the Work but not yet incorporated into the Work shall be supported by such evidence as the Consultant may reasonably require to establish the value and delivery of the products. 13.6 Applications for release of holdback monies following Substantial Performance of the Work and the application for final payment shall be made at the time and in the manner set forth in GC 14 — CER- TIFICATES AND PAYMENTS. GC 14 CERTIFICATES AND PAYMENTS 14.1 The Consultant will, no later than ten (10) days after the receipt of an application for payment from the Contractor submitted in accordance with GC 13 —APPLICATIONS FOR PAYMENT, issue a certificate for payment in the amount applied for or in such other amount as he determines to be properly due. If the Consultant amends the application, he will promptly notify the Contractor in writing giving his reasons for the amendment. 14.2 The Owner shall make payment to the Contractor on account in accordance with the provisions of Article A-4 — PAYMENT no later than five (5) days after the issuance of a certificate for payment by the Consultant. 14.3 The Consultant will, no later than ten (10) days after the receipt of an application from the Contractor for a certificate of Substantial Performance of the Work, make an inspection and assessment of the Work to verify the validity of the application The Consultant will, no later than seven (7) days after his inspection, notify the Contractor of his approval or the reasons for his disapproval of the application. When the Con- sultant finds that Substantial Performance of the Work has been reached he will issue such a certificate. The date of Substantial Performance of the Work shall be as stated in this certificate. Immediately follow- ing the issuance of the certificate of Substantial Performance of the Work, the Consultant, in consultation with the Contractor. will establish a reasonable date for the Total Performance of the Work. 14 4 Immediately following the issuance of the certificate of Substantial Performance of the Work the Consultant will issue a certificate for payment of holdback monies. The holdback monies authorized by this certificate shall become due and payable on the day following the expiration of the statutory limitation period stipulated in the lien legislation applicable to the Place of the Work or where such legislation does not exist or apply in accordance with such other legislation, industry practice or such other provisions which may be agreed to between the parties, providing that the Owner may retain out of such holdback monies any sums required by law to satisfy any liens against the Work or other monetary claims against the Contractor and enforceable against the Owner and that the Contractor has submitted to the Owner a sworn statement that all accounts for labour, subcontracts, products, construction machinery and equip- ment and other indebtedness which may have been incurred by the Contractor in the Substantial Performance of the Work and for which the Owner might in any way be held responsible have been paid in full except holdback monies properly retained. 14.5 Where legislation permits and where, upon app!ication by the Contractor, the Consultant has certified that the work of a Subcontractor has been totally performed to his satisfaction prior to the Substantial Per- formance of the Work, the Owner shall pay the Contractor the holdback retained for such Subcontractor on the day following the expiration of the statutory limitation period for such Subcontractor stipulated in the lien legislation applicable to the Place of the Work. 14.6 Notwithstanding the provisions of paragraph 14.5 and notwithstanding the wording of such certificates the Contractor shall ensure that such work is protected pending the Total Performance of the Work and be responsible for the correction of defects in it regardless of whether or not they were apparent when such certificates were issued. CCDC 2 — 1982 File 00710 15 (d) Property and Boiler Insurance: (1) All risks property insurance shall be in the joint names of the Contractor, Vie Owner and the Consultant, insuring not less than the sum of the amount of the Contract Price and the full value, as stated in the Supplementary Conditions, of products that are specified to be provided by the Owner for incorporation Into the Work, with a deductible not exceeding one percent of the amount insured at the site of the Work. The form of this insurance shall be the latest edition of CCDC Form 201 and shall be maintained continuously until ten (10) days after the date of Total Performance of the Work, as set out in the certificate of Total Performance of the Work. (2) Boiler insurance insuring the interests of the Contractor, the Owner and the Consultant for not less than the replacement value of boilers and pressure vessels forming part of the Work. The form of this insurance shall be the latest edition of CCDC Form 301 and shall be maintained con- tinuously from commencement of use or operation of the property insured and until ten (10) days after the date of Total Performance of the Work, as set out In the certificate of Total Performance of the Work. (3) Should the Owner wish to use or occupy part or all of the Work he shall give thirty (30) days writ- ten notice to the Contractor of the intended purpose and extent of such use or occupancy. Prior to such use or occupancy the Contractor shall notify the Owner In writing of the additional premium cost, if any, to maintain property and boiler insurance, which shall be at the Owner's expense. If because of such use or occupancy the Contractor Is unable to provide coverage, the Owner upon written notice from the Contractor and prior to such use or occupancy shall provide, maintain and pay for property and boiler insurance Insuring the full value of the Work, as In sub- paragraphs (1) and (2), in CCDC Forms 201 and 301, including coverage for such use or occu- pancy and shall provide the Contractor with proof of such Insurance. The Contractor shall refund to the Owner the unearned premiums applicable to the Contractor's policies upon termination of coverage. (4) The policies shall provide that. In the event of a loss or damage, payment shall be made to the Owner and the Contractor as their respective Interests may appear. The Contractor shall act on behalf of the Owner and himself for the purpose of adjusting the amount of such loss or damage payment with the Insurers. When the extent of the loss or damage Is determined the Contractor shall proceed to restore the Work. Loss or damage shall not affect the rights and obligations of either party under the Contract except that the Contractor shall be entitled to such reasonable ex- tension of Contract Time relative to the extent of the loss or damage as the Consultant may decide in consultation with the Contractor (5) Payment for loss or damage: The Contractor shall be entitled to receive from the Owner, In addition to the amount due under the Contract, the amount at which the Owner's interest in restoration of the Work has been ap- praised, such amount to be paid as the restoration of the Work proceeds and in accordance with the requirements of GC 13 —APPLICATIONS FOR PAYMENT and GC 14 — CERTIFICATES AND PAYMENTS. In addition the Contractor shall be entitled to receive from the payments made by the Insurer the amount of the Contractors interest in the restoration of the Work. (6) The Contractor shall be responsible for deductible amounts under the policies except where such amounts may be excluded from the Contractor's responsibility by the terms of GC 21 — PRO- TECTION OF WORK AND PROPERTY and GC 22 — DAMAGES AND MUTUAL RESPON- SIBILITY. (7) In the event of loss or damage to the Work arising from the work of an Other Contractor, the Owner, In accordance with his obligations under GC 9 — OTHER CONTRACTORS, paragraph 9.2, shall pay the Contractor the cost of restoring the Work as the restoration, of the Work proceeds and In accordance with the requirements of GC 13 — APPLICATIONS FOR PAYMENT and GC 14 — CERTIFICATES AND PAYMENTS. (e) Contractors' Equipment Insurance: All risks contractors equipment Insurance covering construction machinery and equipment used by the Contractor for the performance of the Work, including boiler Insurance on temporary boilers and pressure vessels, shall be In a form acceptable to the Owner and shall not allow subrogation claims by the Insurer against the Owner. The policies shall be endorsed to provide the Owner with not less than fifteen (15) days written notice In advance of cancellation, change or amendment restricting coverage. Subject to satisfactory proof of financial capability by the Contractor for self-insurance of his equipment, the Owner agrees to waive the equipment insurance requirement. 20.2 Unless specified otherwise the duration of each insurance policy shall be from the date of commencement of the Work until the date of Total Performance of the Work, as set out In the certificate of Total Performance of the Work. CCDC 2 — 1982 File 00710 19 32.4 The Consultant may order any part or parts of the Work to be specially examined should he believe that such work is not in accordance with the requirements of the Contract Documents. If, upon examination such work be found not in accordance with the requirements of the Contract Documents, the Contractor shall correct such work and pay the cost of examination and correction. If such work be found in accordance with the requirements of the Contract Documents, the Owner shall pay the cost of examina- tion and replacement. 32.5 The Contractor shall furnish promptly to the Consultant two (2) copies of certificates and inspection reports relating to the Work. GC 33 REJECTED WORK 33.1 Defective work, whether the result of poor workmanship, use of defective products, or damage through carelessness or other act or omission of the Contractor and whether incorporated in the Work or not, which has been rejected by the Consultant as failing to conform to the Contract Documents shall be removed promptly from the Place of the Work by the Contractor and replaced or re -executed promptly in accordance with the Contract Documents at the Contractor's expense. 33.2 Other Contractors' work destroyed or damaged by such removals or replacements shall be made good promptly at the Contractor's expense. 33.3 If in the opinion of the Consultant it is not expedient to correct defective work or work not performed in accordance with the Contract Documents, the Owner may deduct from the monies otherwise due to the Contractor the difference in value between the work as performed and that called for by the Contract Documents, the amount of which will be determined in the first instance by the Consultant. GC 34 SHOP DRAWINGS 34.1 The term "shop drawings'' means drawings, diagrams, illustrations, schedules, performance charts, brochures and other data which are to be provided by the Contractor to illustrate details of a portion of the Work. 34.2 The Contractor shall arrange for the preparation of clearly identified shop drawings as called for by the Contract Documents or as the Consultant may reasonably request. 34.3 Prior to submission to the Consultant the Contractor shall review all shop drawings. By this review the Contractor represents that he has determined am verified all field measurements, field construction criteria, materials, catalogue numbers and similar data or will do so and that he has checked and co- ordinated each shop drawing with the requirements of the Work and of the Contract Documents. The Contractor's review of each shop drawing shall be indicated by stamp, date, and signature of a responsible person. 34.4 The Contractor shall submit shop drawings to the Consultant for his review with reasonable promptness and in orderly sequence so as to cause no delay in the Work or in the work of Other Contractors. If either the Contractor or the Consultant so requests they shall jointly prepare a schedule fixing the dates for sub- mission and return of shop drawings. Shop drawings shall be submitted in the form of reproducible transparencies or prints as the Consultant may direct. At the time of submission the Contractor shall notify the Consultant in writing of any deviations in the shop drawings from the requirements of the Contract Documents. 34.5 The Consultant will review and return shop drawings in accordance with any schedule agreed upon, or otherwise with reasonable promptness so as to cause no delay. The Consultant's review will be for conformity to the design concept and for general arrangement only and such review shall Pot relieve the Contractor of responsibility for errors or omissions in the shop drawings or of responsibility for meeting all requirements of the Contract Documents unless a deviation on the shop drawings has been approved in writing by the Consultant. 34.6 The Contractor shall make any changes in shop drawings which the Consultant may require consistent with the Contract Documents and resubmit unless otherwise directed by the Consultant. When resubmit- ting, the Contractor shall notify the Consultant in writing of any revisions other than those requested by the Consultant. GC 35 CASH ALLOWANCES 35.1 The Contract Price includes cash allowances stated in the Contract Documents. 35.2 Cash allowances, unless otherwise specified, cover the net cost to the Contractor of services, products, construction machinery and equipment, freight, unloading, handling, storage, installation and other authorized expenses incurred in performing the work stipulated under the cash allowances. 35.3 The Contract Price, and not the cash allowances, includes the Contractor's overhead and profit in connection with such cash allowances. CCDC 2 — 1982 File 00710 M Village of Port Burwell Dredging Tender Analysis May 12, 1995 Company DRAGLINE TRUCKING PROPWASH iHr Equipment Buc6et size Year of Mit DL Cost $/Hr # Truc6s Truck Cost S/Hr Ecpapment PW Cost Tot- Pnce BI.A \ reeL Marine without devatering $ 65.00 Coring Dragline 5/8 ,.d 1965 $30,420 S 86.00 2 $40,248 S 90.00 Steel Tug $7,200 $77,868 wA devatenng $ 110.00 Coring Dragline 1 5 vd 1965 $51,480 $ 86.00 2 $40,248 $ 90.00 steel Tug $7,200 $98,928 Terry Cox without devetering $ 95.00 Line Dragline _' .ci �riij !0e $28,500 S 190.00 2 or 3 $45,000 $ 250.00 . n Engine $8,750 $82,250 with devetenng S 95.00 Line Dragline ? yd mid 0s $29,450 $ 190.00 2 or 3 W,400 S 250.00 Turin Engine 58,750 $87,600 Higgs N Higgs without devatering S 100.00 Lint -Belt Dragline 2 yd 1987 $30,000 $ 40.00 2 $24,000 NP NP NA $54,000 nth devetering $ 100.00 Link -Belt DragLne 2 yd 1987 $30,000 $ 40.00 2 $24,000 NP NP NA $54,000 No. (Po & Dy ) without devetering NP $D with devatering S 89.00 Dominion Dragline 3 yd 1964 $16,020 S 39.00 1 to 4 $21,450 S 48.00 Seg Propelle 54,800 542,270 Pr,r—.l 6y S — D el— M. t*L CGA R—..d 6, D" R F—, CEr, AMCT(A) DREDGE.XLS Village of Port Burwell Post Office Box # 10 21 Pitt Street Port Burwell, Ontario NOJ 1TO Tender Maintenance Dredging Big Otter Creels and Outer Habour Area General Description of Work This project involves the removal of approximately 36,000 cubic metres of bottom material from within the Big Otter Creek basin at/near the mouth of the Otter Creep (as illustrated on the attached sketch) by "Drag Line" Method of dredging and approximately 18,000 cubic metres of bottom material from the outer harbour area by "Prop Washing" method of dredging. The proposed bottom elevation, after dredging, is 2.0 meters below the existing water level. All dredgeate which, from available information, consisting of silt and sand, extracted by "Drag Line " dredging must be disposed on land in accordance to SIC 1 or an Ontario Ministry of Environment approved site. a. All 'Drag Line" operations will be performed from the east bank of the Otter Creek; equipment operations are permitted on the Wharf. b. All "Prop Washing" operations will be performed from a boat and material from the area as shown in order to provide an area which is 2.0 meters below the existing water level (-1.0m International Great Ukes Datum). The Municipality will not undertake to marls the dredge area according to attached sketch however shall confirm by conventional means the depth dredged. d. The dredgate may require dewatering prior to transportation to the on - land location or the Ontario Ministry of Environment approved disposal site. If dewatering is deemed necessary by the Corporation, a temporary stockpile area, approved by the Village of Port Burwell and Ontario Ministry of the Environment, will be advised. Silt fence shall be erected in all locations where dredgate may be endanger of {lowing into the Otter Creep or other bodies of water by mean of storm water runoff. The dredgate located within the municipality as identified on SK 1 shall he distributed and graded to fill slopes in the immediate area as identified to a finished grade of not more than 3:1. A 0.10m layer of Top Soil shall be provided free of deleterious material including hydroseeding the total area with a standard MTO approved grass seed mixture. A sample shall be submitted to the Municipality for approval. f. The Port Burwell Marina shall he responsible for securing all Environmental Approvals and Work Permits, necessary for this project, from the Ontario Ministry of the Environment, Ontario Ministry of Natural Resources and Transport Canada. The Administrator/Clerk-Treasurer shall act as the agent for the Village of Port Burwell in and will certify completion of the work. I/WE Having examined the site location, read the general description of work and tender information attached, hereby offer to supply dredging maintenance services, including manpower and equipment, for the removal of bottom material from the designated area of the Otter Creek Basin and water lot, to the locations as indicated on the attached sketch and at an Ontario Ministry of Environment approved dump site location as follows: Without Dewatering a) Dredging Equipment Rate of $ per hour x estimated hours $ h) Trucking Equipment Rate of $ _ x estimated per hour hours $ (Specify Equipment) 2 Total Tender 2. With Dewatering a) Dredging Equipment b) Rate of $ per hour x estimated hours $ Trucking Equipment _ Rate of $ per hour x estimated hours $ Total Tender $ 3. Prop Washing shall be completed using the equipment as Follows; $/hour Total Hours Required Total Cost $ 4. I/WE agree herewith not to exceed Total Tender Price of: $ (without dewatering) $ (with dewatering) 4. I/WE shall maintain a minimum of $2,000,000.00 Liability Insurance and shall "save harmless" the Corporation of the Village of Port Burwell, its insurers, employees or agents, as a result of such project. 5. I/WE agree herewith to complete the project on or before , June 15, 1995 or a specifically negotiated date prior to the signing of a contract. 6. I/WE Understand that the lowest, or any, tender will not necessarily be accepted. 3 7. Acceptance of a tender will be subject to a formal Contract Standard Construction Document - CCDC2 - 1982 being prepared and executed, within the time frame and in accordance with all conditions as required in these specifications and General Conditions. 8. Subject to an award of the Contract by the Municipality the Tenderer is required to submit the following documentation in a form satisfactory to the Municipality for execution within 2 (days) after being notified verbally and formal to do so by Municipality. 8.1 Execute an Agreement 8.2 Insurance Document in compliance with the Tender Documents 8.3 Declaration 8.3.1 Workers Compensation 8.3.2 Corporations Tax Act 8.4 Certificate of Clearance from the Workers Compensation Board. 9. Offers signed under seal, executed and dated contained within a sealed envelope will be received by the Village of Port Burwell, Ontario before 4:00 local time May 12, 1995. Offer submitted after the above time will not be considered and shall be held by the municipality for a period of 20 days and then destroyed. Name of Tenderer: Signature of Tenderer: Address of Tenderer: Telephone: Dated this day of , 1995 at the Municipal Offices of the Village of Port Burwell, Ontario. 4 U CT Q -61 Dred_gin' Location k a e In C. i 4) a • L3D ■ • �■ '_II ■. �1� � 1 h' �a � � � atr� - � Cl C3co .. ,r 1 - II ' ♦ �. , r , 0 0 ) •�� - r • /Dredging Location Approximate Area To Be Dredged by "Drag Line" Technique LAKE EME Spoils �� 0 VILLAGE OF PORT BURWELL BIG OTTER CREEK DREDGING TENDER PO Box IO PORT BURWELL ON NOJ ITO Area to be Dredged by "Prop Washing" Technique Spilling Dredgate in a South Easterly Direction in accordance with the instructions of the Project Manager. "Prop Washing" Spillway Drted to Dography inager. )rohibiting THE CORPORATION OF THE VILLAGE OF PORT BURWELL PO Box 10 21 Pitt Street Port Burwell, Ontario BY-LAW 95-28 Being a by-law to authorize the long term borrowing of an amount of money not to exceed $238,951.00 towards the cost of certain capital projects. WHEREAS Section 187 of the Municipal 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 Municipality 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 $238,951.00 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 be a charge upon the whole of the revenues of the Municipality 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 be applied for such purpose. 4. The Treasurer is hereby authorized and directed to furnish to CIBC a certified copy of the Order. Read a first ands nd time this 23rd day of May, 1995. Torpi'Nesbitt Da 'M. Free inistrator/Clerk-Treasurer Read a third time d finally sed this 23rd day of May, 1995. To Nesbitt Reeve D1001 avi ree Ad inistrator/Clerk-Treasurer 2 Village of Port Burwell Schedule "A" Budgeted Budgeted costs Financing L T D Federal Provincial Municipal Donations Funding Roadways Signage 3,000 3,000 3,000 Construction 100,000 50,000 50,000 50,000 Master plan 2,000 2,000 2,000 Equipment 12,500 12,500 12,500 Total 117,500 50,000 67,500 67,500 Sidewalks 40,000 13,333 13,333 13,334 13,334 Street lights 15,000 15,000 15,000 Harbour Sheet piling 8,500 81500 8,500 Recreation & Culture Market Square 38,000 38,000 38000 0 Public Washrooms 15,000 5,000 5,000 5,000 5,000 Total 53,000 5,000 5,000 43,000 38,000 5,000 Fire fighting equipment First Response Equipment 1,000 1,000 1,000 Fire Fighting Equipment 2,500 2,500 2,500 Pager & Radios 1,000 1,000 1,000 SCBA 2,000 2,000 2,000 Total 6,500 6,500 6,500 Water & Sanitary Systems Water system 8,000 8,000 8,000 Other Capital Village Signs 2,000 2,000 2,000 Building 24,000 24,000 24,000 Unfinanced capital 89,117 89,117 89,117 Total 115,117 115,117 115,117 Total 363,617 18,333 68,333 276� 38,000 238,951 The Corporation of the Village of Port Burwell PO Box 10 21 Pitt Street Port Burwell ON NOJ 1T0 BY-LAW 95-29 Being a by-law to require property owners to maintain all adjacent boulevards within the Village of Port Burwell. WHEREAS section 308, paragraphs 1 and 2 of the Municipal Act, R.S.O. 1990, c. M.45 as amended gives Council the powers to pass bylaws as follows; For setting apart portions of the highways at or near the sides of them for the purpose of boulevards, and for permitting the owners of land abutting on a highway to construct, make and maintain at their own expense boulevards on that part of the highway that may he set apart for that purpose, but not so as unreasonably to confine, impede or incommode public traffic. 2. For regulating the construction, maintenance and protection of such boulevards. AND WHEREAS Bylaws 94-22 and 94-48 prescribes standards for the maintenance of properties. NOW THEREFORE, the Council of the Corporation of the Village of Port Burwell enacts as follow; That all persons within the Village of Port Burwell are required to maintain boulevards adjacent to all properties in accordance bylaw 94- 22 inclusive of grass cutting and snow removal for driveways and sidewalks. 2. All violations of this bylaw are subject to a penalty in accordance to Schedule "A" forming part of this bylaw. Read a first axa.second time jhis 27th day of June, 1995. Admi rator/Clerk-Treasurer Read a third and final Ad nistrator/Clerk-Treasurer 27th day of June, 1995. 2 Schedule "A" 1. A minimum charge of $50.00 per occurrence or; 2. $0.50 per square foot of area which has been cut by municipal employees or agents thereof or; 3. The hourly rate of employees, contractors and machinery required to maintain the subject property or; 4. The greater cost of any of the above rates specified. 3 ?ORT 9 3} a _ S� ,� 4t �� vP�� �F PO R T BU9�F� RE To: Council From: D. Free �T"k 4 .i? 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 Memo Re: By -Law 95-29, Maintaining Boulevards Date: June 22, 1995 A boulevard by-law is being proposed which requires that each person within the municipality loot after their own boulevards. In 90% of the cases residents of Port Burwell do maintain this area of land, however there are a few that tape an adversarial approach to their relationship with the municipality and the road allowance and refuse to tape care of this property. This by-law moves toward the reduction of the manpower requirement for the municipality during the summer months in our efforts to clean up. Typically in other municipalities the maintenance of these lands are done by the adjacent property owners. Port Burwell should be no different, in most cases residents of Port Burwell are not different. This by-law ensures that the residents participate in the community -wide program of beautification and mutual responsibilities. Please review the attached at your earliest possible convenience in order that the by-law may be considered at the June 27, 1995 Council Meeting. David Free David R. Free, CET, AMCT(A) • Administrator/Clerk-Treasurer The Corporation of the village of Port Burwell PO Box 10 21 Pitt Street Port Burwell ON NOJ 1T0 BY-LAW 95-30 Being a by-law to regulate Harbours and Wharves and the collection of reasonable harbour dues within Village of Port Burwell. WHEREAS section 207 paragraphs 31 through to 38 of the Municipal Act, R.S.O 1990, c. M.45 as amended gives Council the powers to pass bylaws as follows; 31. For making, improving and maintaining public wharves, docks and slips, and for preserving shores, bays, harbours, rivers or waters and the banks thereof. 32. For regulating harbours. 33. For prohibiting the injuring, fouling, filling up or encumbering of a public wharf, dock, slip, drain, sewer, water or suction pipe, shore, bay, harbour, river or water. 34. For erecting and maintaining beacons. 35. For erecting, maintaining, operating and renting grain elevators, wharves, piers and docks in harbours, and floating elevators, derricks, cranes and other machinery for loading, discharging or repairing vessels, and for regulating the use of such facilities and prohibiting the use of such facilities by boats and other craft for any time in excess of such period or periods of time as may be prescribed in the by-law, and for regulating and requiring the removal of any boat or craft using any of such facilities in excess of such period or periods of time. 36. For regulating vessels, crafts and rafts arriving in a harbour, and for imposing and collecting such reasonable harbour dues thereon as may serve to beep the harbour in good order and to pay a harbour master. 37. For requiring the owner or occupant of the land, in connection with which the same exist, to remove door -steps, porches, railings or other erections or obstructions projecting into or over any public wham, dock, slip, shore, hay, harbour, river or water. 38. For requiring and regulating the removal from any public wham, dock, slip, drain, sewer, shore, bay, harbour, river or water, of all sunken, grounded or wrecked vessels, barges, crafts, cribs, rafts, logs or other obstructions or encumbrances, by the owner, charterer or person in charge, or any other person who ought to remove the same. AND WHEREAS the municipality maintains the Big Otter Creep Harbour area for recreational boaters, commercial fishermen, charter boat operators, in order to sustain tourism and traditional maritime revenue generating activities directly for businesses, and; AND WHEREAS the municipality leases by bylaw, federal lands within the Big Otter Creek Harbour basin, and; NOW THEREFORE, the Council of the Corporation of the Village of Port Burwell enacts as follows; That all business and persons within the Village of Port Burwell are required to pay a fee as prescribed in Schedule "A" forming part of this bylaw. 2. All violations of this bylaw are subject to a penalty in accordance to Schedule "B" forming part of this bylaw. 3. This bylaw comes into force and effect January 1, 1995 and is retroactive. React a first and second time his 6th clay of July, 1995. R ve Adtninistr or/Llerk-ll reastirer Read a third and final time this 6th day of July, 1995. Ree Adtnin rator/Clerk-Treasurer 3 .f Schedule "A" 1. Commercial Marinas shall pay an annual flat fee of $1,000.00 clue May 1 of each year. 2. Commercial Fishing Boats shall pay an annual flat fee of $750.00 due May 1 of each year. 3. Private docks located along the Otter Creep within the municipal limits of Port Burwell shall pay an annual flat lee of $100.00 4. Commercial Fishing Boats shall pay a rate of $35.00 per day to dock within the municipality. 4 village of Port Burwell Schedule "B" Bylaw 95-30 Authority to Collect The Municipal Act, R.S.O., 1900, s. 326, as amended provides; Wierse a council has authority to direct or require by by-law or otherwise that any matter or thing be done, the council may by the same or by another by-law direct that, in default of its being done by the person directed or required to do it, such matter or thing shalt be done at the persons expense, and the corporation may recover the expense incurred in doing it by action, or the same may be recovered in like manner as municipal taxes, or the council may provide that the expense incurred by it, with interest, shall be payable by such person in annual instalments not exceeding ten years and may borrow money to cover such expense by the issue of debentures of the corporation payable in not more t%an ten years. 2. All businesses and persons within the Village of Port Burwell in accordance with Schedule "A" of Bylaw 95-30 shall a fee as prescribed no later than July 1 of each year. 3. Harbour Dues shall be invoiced to the persons and/or businesses who use personal and/or commercial docking facilities and commercial marinas occupying lands within the Big Otter Creep as soon as may be reasonable due and payable upon receipt. 4. Harbour dues shall paid within 30 days or be added to the tax roll by the Administrator/Clerk-Treasurer and collected the same as taxes. 'C.M.V. Pensa, Q.C. J.A. Meren D.W. Lewis G.D. Wilson ' P.M. Ledroit P.D. Kiteley G.T. Tillmann' D.B. Williams AJ. Campbell T.G. Price J.R. Adams S.A. Loyens H.A. Rady J.A. Beckett T.S. Robson Crowley N.B..J. .B. Hodgson T.Z. Herx PE SA Df. Kershaw l�h S.L. Murdoch C.R. Bruni & ASSOCIATES SJ. Atkinson D.M. Bolohan J.E. Caskey J.E. Millar LAWYERS 'Cernfied tiprevbyt m Cird Lrtgrntrnn by the taw ti,_wty ,4 t'pp_ Camxl May 17, 1996 Direct Line 667-4015 Reply to extension d: 321 The Corporation of the Village of Port Burwell P.O. Box 10 21 Pitt Street Port Burwell, Ontario NOJ 1TO Dear Sirs: RE: BIG OTTER MARINA Further to your telephone conversation with this office on May 16, 1996, please find enclosed our cheque made payable to your order in the amount of $20.00 to cover the charges for a certified copy of By-law 95-30. We look forward to receiving the requested information. Yusv vly D. WAYNE LEWIS DWUsab of PORT 9 CE1. The Dufferin Corporate Centre, Suite 1000, 130 Dufferin Avenue, London, Ontario N6A 5R2 P.O. Box 816, Station B, London, Ontario N6A 4Z3 Telephone: (519) 667-4010 • Facsimile: (519) 434-9656 THE CORPORATION OF THE VILLAGE OF PORT BURWELL PO. Box 10, Port Burwell, Ontario NOJ I TO telephone (519) 874-4343 - fax (519) 874-4948 ��RTUS REFUUI'� February 2, 1996 Mr. Ron Bradfield Post Office Box #59 Port Burwell ON NOJ 1TO Dear Mr. 1radfield We are in receipt of your letter dated January 30, 1996 with regards Bylaw 95-30. We would be more than happy to provide you with a copy of the said by-law at cost on the basis of .25 cents per sheet. With regards to any formula used to calculate these amounts, please be informed that there is no formula and that these amounts are dictated by Council under the authority of the Municipal Act. With regards to your decision to address our invoice upon receipt of the information, I would suggest that this is not a condition of the invoice. The invoice has been rendered previously and is due and payable, and we respectfully request that you honor the invoice hefore we have to resort to alternative collection methods. With regards to your request for a list of those businesses which have been assessed, please he informed that we are not in a position to divulge our direct business relationships with other ratepayers within the area. if indeed you are interested in how they are tieing treated the information is contained within the by-law and you may want to mare direct contact with husinesses within the area. Yours truly a . Free, CET, AMCT A� inistrator/Clerk-Treasurer C.C. Council, Village of Port Burwell David R. Free, CET, AMCT - Administrator/Clerk-Treasurer l 4 B R A D C. R A N E X I N C. P.O. BOX 59 PORT BURWELL, ONTARIO VILLAGE OF PORT BURWELL PORT BURWELL, ONTARIO NOJ 1 Ti ATT. DAVID FREE January 30, 1996 Re -BY -Law 95-30 I acknowledge ;nueipt of y_" le:ter demanding payment of "Invoice # 95031" Would you please forward a copy of By-law 95-30 as well as a list of those businesses which have been assessed under this by-law and amounts assessed. Please also include the formula used to calculate the amounts assessed. On receipt of the above information, we will address "Invoice #95031. Thank: you in advance for the above information. Regards, Pon Bradfield O' i .. 1 e of PORr THE CORPORATION OF THE VILLAGE OF PORT BURWELL P.O. Box 10, Port Burwell, Ontario NOJ I TO telephone (519) 874-4343 • fax (519) 874-4948 �0-4TUS REFUGI� May 17, 1996 Pensa & Associates PO Box #816, Station B London ON N6A 4Z3 Attention: Mr. D. Wayne Lewis Dear Mr. Lewis As per your letter dated may 1, 1996 please find enclosed a certified copy of By -Law 95-30. 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 Donna Lamoure Deputy Clerk David R. Free, CET; AMCT • Administrator/Clerk-Treasurer i 'C.M.V. Pensa. Q.C. J.A. Meren D.W. Lewis G.D. Wilson ' P.M. Ledroit P.D. Kiteley G.T. Tillmann ' D.B. Williams AJ. Campbell T.G. Price J.R. Adams S.A. Loyens H.A. Rady J.A.IL Beckett T.S. Robson L.J. Crowley N.B. Hodgson D.J. Kershaw T.Z. Hersch pEI�iSA S.L. Murdoch C.R. Bruni & ASSOCIATES SJ. Atkinson D.M. Bolohan J.E. Caskey J.E. Millar LAWYERS *Certified Spet-ww in Cml Lupatum by the La- ' n ty of Upp- lanxia May 1, 19% Direct Line 667-401 S Repty to extension x: 321 The Corporation of the Village of Port Burwell P.O. Box 10 21 Pitt Street PORT BURWELL, Ontario NOJ 1 TO Dear Sirs: RE: BIG OTTER MARINA M b rJ 1 /wv We are the Solicitors for Mr. Michael Garry, the proprietor of Big Otter Marina. In accordance with the provisions of The Municipal Act, I would request that you forward to me a certified copy of By-law 95-30, being a By-law to regulate harbour and wharves and the collection of reasonable harbour dues within Village of Port Burwell together with a certified copy of any amendments thereto which would include any and all schedules attached thereto. I would appreciate your advising as to the fee to be charged by you with respect to this certification in order that same may be forwarded to you, prior to your mailing this copy to us. Thanking you in advance for your prompt attention to this matter, I remain, Yo t , D. WAYNE LEWIS DWL/sab cc --Big Otter Marina & Campgrounds The Dufferin Corporate Centre, Suite 1000, 130 Dufferin Avenue, London, Ontario N6A 5R2 P.O. Box 816, Station B, London, Ontario N6A 4Z3 Telephone:(519) 667-4010 • Facsimile:(519) 434-9656 •C.M.K Pia. Q.C. JA Meren D.W. Lewis G.D. Wilson • P.M. Ledroit P.D. Kiteley G.T. Tillmann • D.B. Williams Aj. Campbell IL T.G. Price J.R. Adams SA. Loyens H.A. Rady J.A. Beckett T.S. Robson LJ. Crowley N.B. Hodgson Dj• Kershaw T.Z. Hersch �ENSA S.L. Murdoch C.R. Bruni & ASSOCIATES SJ. Atkinson D.M. Mohan J.E. Caskey LAWYERS .C,,Ufi�d Sp,,WW in Cryit Uftgat. by the l,ar Socwcy of UpW Canada March 26, 1996 Direct Line 667-4015 Reply to extension /: 321 Village of Port Burwell P.O. Box 10 Port Burwell, Ontario NOJ 1TO ATTENTION: Mr. David R. free Administrator/Clerk-Treasurer Dear Sir: We are the Solicitors for Michael Garry, the proprietor of Big Otter Marina. We have requested Mr. Garry to obtain, and we would request that you forward to us a copy of By-law Number 95-30 in order that we may determine the validity of same and advise Mr. Garry thereon. Thanking you for your attention to this matter, I remain, L� ' j C- -CIL 4,j Yo very truly, D. AWIS DWL/sab cc --Mr. Gary Wilson , Ct(1 N0_ 4 r' tcEt The Dufferin Corporate Centre, Suite 1000, 130 Dufferin Avenue, London, Ontario N6A 5R2 P.O. Box 816, Station B, London, Ontario N6A 4Z3 Telephone: (519) 667-4010 • Facsimile: (519) 434-9656 OF PORT 86, THE CORPORATION OF THE VILLAGE OF PORT BURWELL P.O. Box 10, Port Burwell, Ontario NOJ I TO telephone (519) 874-4343 • fax (519) 874-4948 PORTUS REFUGO iNtemo To: Council From: D. Free Re: By -Law 95-30, Regulate Harbours & Wharves Date: June 22, 1995 Council: The attached by-law has been proposed for multiple sources of revenue which would assist towards the dredging of the Big Otter Creep. In the past we have used the Municipal Marina as almost the single source. This his severe limitations considering all wharves and boats within the harbour receive the benefit of the municipalities efforts. This is for all purposes a USER FEE applicable to all boaters and commercial enterprises. The bylaw does not exclude commercial fishermen, as you can see there is a premium that is suggested for the use of the harbours. The 1995 dredging effort is almost complete and I have heard a general "sigh of relief". The cost of the work completed to date is $30,000.00. I would however submit that not all of our revenue sources have been determined. More specifically the issue of participation in this matter by Baybam Township. There is far greater cost for the harbour than just dredging as administration with respect to approvals and funding is a costly matter. It would be my hope that we can gain a minimum of $30,000.00 revenue from the harbour so that at least $15,000.00 can be returned to General Government for the continual clean up of these lands and other areas of the community. The approximate cost of the harbour operations are as follows; Dredging 30,000 Land Leases 8,000 Maintenance 8,000 Administration 10,000 • David R. Free, CET, AMCT(A) • Administrator/Clerk-Treasurer 56,000 (includes legal, phone, salaries, etc.) Offsetting the costs are revenues as follows; Grants 15,000 Licenses 6,000 Revenue Sharing 800 21,800 The obvious short fall is $33,200. Not a very good way in which conduct business although the administrative costs may be considered a questionable cost it only represents 24% of the total amount that is required. A fee structure has been proposed within Bylaw 95-30 of which would generate a total of $20,000.00 from all sources inclusive of Gordon Craig. This does not mean that Gordon Craig would pay any additional monies because within the amount of monies that he has provided a licence has been configured. Relative to any licensing issues which have been recently proposed, I do not want Council to interpret that this is a money grab by the municipality, this is a first step towards a user pay system. The ratepayer should no longer pay for the specific leisure or commercial benefit of persons within the municipality. Within the municipal financial operations each aspect must have some revenues, justification and direct revenue generating schemes in order to substantiate their existence. This has not occurred with the harbour operations. In the past a donation system has been suggested with regards to commercial fisherman and other locations however, this donation is at the discretion of the donator. However, donations have never been collected and I would question if they will ever be collected considering the "municipal spirit" in Port Burwell currently. As an alternative with a by-law in effect, revenues can be counted on by virtue of enabling legislation in the cost of operating the harbour for all persons not the municipality. If indeed we want Port Burwell to grow and have all the amenities that everyone seems to desire, we must have revenues. Persons or companies who are directly benefiting must be willing to directly contribute. Port Burwell is lucky in that we are one of the first municipalities which recognize this fact and is acting upon it. Grants will be harder to obtain and we must start immediately developing revenue sources in order to pay for property maintenance and dredging. I have also attached a financial statement from the Village of Bayfield which is approximately the same size as Port Burwell. Bayfield has a very successful inner harbour marina that the municipality operates as well as two other private operators. I would suggest because of the success, it should act 2 as a model with regards to revenue sharing. I would also identify that they also recover monies for boat storage along the lands which they lease, the same as which was proposed in a memo dated November, 1994. There can no longer be a free ride, we have to recover our costs if indeed we want to grow and provide the amenities that everyone demands. Please review the attached at your earliest possible convenience and provide your further direction in this matter. David Free 3 519-565-2455 VILLAGE OF EAYFIELD 013 P01 JUN 12 '95 13:12 BapfieW Marina Batanco S6cct as at December 31, 1994 1994 1993 S set S Current Assets AA Cash in bank 11,976 16,576 Accounts receivable 1,796 1,410 Gasoline and diesel fuel inventory (at lower of cost and market) 4,757 5,720 18,529 23,706 abilities and Fund lance js Current Liabilities Prepaid dockage fee 9,250 10,183 Fund Balances at the End of the Year To be used to offset taxation or user charges 9,279 12,523 Reserve for marina working funds _ 1,000 9,279 13,523 18,529 23,706 44UWAM -�- Va P -ON —�3 The accompanying notes are an integral part of these financial statements. Ba cld r' a Statc c t f ratio s for the year ended December 31, 1994 1994 Budget S Fund Balance at the Beginning of the Year 12,523 Sources of Financing User charges Seasonal dockage and storage Transient dockage Fees from pumpouts Fishing boats wharfage Gasoline and diesel fuel Ice Pop Transfer from reserve for working capital Expenditure Wages Manager Other Employee benefits Federal Government share of leases Hydro and propane gas Pump outs Repairs, maintenance and supplies Dour expense Cradle storage Insurance Telephone Advertising and office supplies Dues, meetings, travel, and licence 61,628 15,000 1,600 1,094 31,000 1,200 900 6,000 118,422 16,180 4,000 5,000 11,600 2,800 1,600 16,000 650 2,019 600 100 1,300 1994 ASLU l S 12,523 61,011 16,615 1,454 3,304 35,426 917 770 6,000 125,497 16,182 4,449 6,488 11,471 2,496 2,228 4,012 13,411 550 2,019 572 875 875 The accompanying notes are an integral part of these financial statements. 1993 Actua S 12,003 62,988 14,327 1,586 1,094 30,823 1,110 947 14,000 126,775 16,276 4,668 5,034 11,640 2,773 1,524 4,047 12,363 650 1,676 589 217 1,067 519-565-2d55 HILLAGE IF BAYFIELD 013 P02 JUN 12 195 13!13 Barfield Mur'na Mate e t of eration for the ycar euded December 31, 1994 1991 1994 1993 ud et Actual Actual Ezpcoditure (continued) S S Contribution to Village General I'WId Capital cupcuditure 15,869 15,869 24,000 Washroom project 3,000 3,334 4,412 IxgaI — 5,759 1,952 Gasoline, diesel fuel and oil 485 _ Iox 27,000 30,740 26,233 Pop 750 602 732 Credit card processing charge 700 360 711 Transfer to rescrvc for working capital 700 964 691 5.— ,� 5,000 5,000 114— ,M8 128,741__ 126,25.5 Fund Balancc at the End of the Ycar ~- 16;0 y,279 121.523 � 'ce Tlic auompanying notes are an intcgral part of these 6nanrial statements. The Corporation of the Village of Port Burwell PO Box 10 21 Pitt Street Port Burwell ON NOJ 1T0 BY-LAW 95-47 Being a by-law to amend Bylaw 95-30 being a bylaw to regulate Harbours and Wharves and the collection of reasonable harbour dues within Village of Port Burwell. WHEREAS section 207 paragraphs 31 through to 38 of the Municipal Act, R.S.O 1990, c. M.45 as amended gives Council the powers to pass bylaws to regulate Harbours and Wharves and the collection of reasonable harbour dues within the Municipality, AND WHEREAS Council passed bylaw 95-30 being a bylaw to regulate Harbours and Wharves and the collection of reasonable harhour dues within the municipality; AND WHEREAS Council deems it desirous to amend Schedule "A" of bylaw 95-30; NOW THEREFORE, the Council of the Corporation of the Village of Port Burwell hereby deletes paragraph 4 in its entirety of Schedule "A" of bylaw 95-30. Read a {first a econd t' e this 26ph day of September, 1995. ve Adm' istrator/Clerk-Treasurer Read a t ' and i-inal,N e th' 26t day of September, 1995. Reeve Adm' istrator/Clerk-Treasurer THE CORPORATION OF THE VILLAGE OF PORT BURWELL P.O. Box 10, Port Burwell, Ontario NOJ I TO telephone (519) 874-4343 - fax (519) 874-4948 February 20, 1996 Big Otter Marina & Campground PO Box #129 Port Burwell ON NOJ 1T0 Attention: Mr. Mike Garry Dear Mr. Garry In response to your letter dated February 13, 1996 and our invoice #95029, please note that this is not an issue which should be discussed with myself, or during a Council Meeting. The by-law has been passed and the bills with regards to the by-law have been issued. To this end you are at liberty to discuss this matter further with individual members of Council should you wish to do so, their telephone numbers are listed below. Tom Nesbitt, Reeve Dave Mason, Councillor Jim Hevenor, Councillor Gordon Loucks, Councillor Cindy Allin, Councillor 874-4368 874-4204 or 657-4926 (in London) 874-4644 874-4229 874-4434 If you should have any further questions please feel free to call. Yours truly eaFr7ee, ET, AMCT lerk-Treasurer C.C. Village of Port Burwell Council David R. Free, CET. AMCT • Administrator/Clerk-Treasurer BIG OTTER Marina & Campgrounds P. O. Box 129, Port Burwell, Ontario NOJ 1 TO A 0;v of 552855 Onwlo Lid Phone (519) 874-4034 • Fax (519) 874-4034 TO: THE CORPORATION OF THE VILLAGE OF PORT BURWELL DEAR MR FREE; ;iF, i`,I96 IN RESPONSE TO YOUR INVOICE *95029 THAT REQUIRES ALL BUSINESSES AND USERS OF THE BIG OTTER CREEK HARBOUR ARFA TO PAY A USER FEE,I WOULD FIRST PREFER THAT YOU SET A FEW MINUTES ASIDE THAT WE COULD MEET AND DISCUSS IN BRIEF THESE CHARGES LEVIED AGAINST THE BIG OTTER MARINA TO THE SUM OF $1,000.00 AND HOPEFULLY RESOLVE THIS ISSUE. IF YOU FEEL THAT THE ABOVE WOULD NOT BE POSSIBLE THEN SECONDLY I WOULD REQUEST THAT I MAY BE PUT ON THE AGENDA TO THE NEXT COUNCIL MEETING. A RESPONSE AT YOUR EARLIEST WOULD BE APPRECIATED. Improvements to Pt. Rowan harbor sought Norfolk Township council agreed Tuesday night to help the Port Rowan/Long Point Chamber of Commerce in its bid to get the village harbor brought up to snuff. A letter received by council from Prue Steiner, chamber past presi- dent, stated that for various reasons the chamber felt it could no longer promote the use of the harbor to transient dockers. The letter noted that the harbor channel was not accessible to boats drawing over 31h feet due to silt and that the ramp and dock were in poor condi- tion. 'The additional revenue that would be generated from transient dockage as well as the additional dollars that would come in to the village from the upgrading of this facility would warrant this work being carried out prior to the end of June 1995,' Steiner said. She also suggested the hiring of a summer student to ensure all fees for launching, transient dockage, etc. were collected and the area maintained in a tidy fashion. Township Mayor Hector Ver- hoeve said he'd sent a copy of the chamber's letter to Elgin -Norfolk MP Gar Knutson. Knutson's secre- tary called back to say the MP would like to have a meeting with all concerned in the near future, Verhoeve told council. One date suggested was July 24. The Corporation of the Village of Port Burwell Post Office Box #10 21 Pitt Street Port Burwell, Ontario By -Law 95-31 Being a By -Law to authorize the Reeve and the Administrator/Clerk-Treasurer to enter into an Agreement with J. Franze Limited for the construction of sidewalks within the Village of Port Burwell. WHEREAS the Council of the Village of Port Burwell has received funding from jobs Ontario for Infrastructure improvments in the Village of Port Burwell, and; WHEREAS the sidwalk reconstruction project has been approved by jobs Ontario as a permissible expenditure of Provincial and Federal funding, and; WHEREAS the public tendering for the project was completed by Cyril J. Demeyere Limited, Consulting Engineers June 12, 1995 in accordance to the specified formats by the jobs Ontario Infrastructure Program, and; NOW THEREFORE the Council of the Village of Port Burwell upon review of the tenders received in this matter and opened on June 12, 1995 and upon recommendation from the consulting engineers, hereby consents to completing Part 1 and Part 3 of the said tender and directs the Reeve and Administrator/Clerk-Treasurer to enter into the Form of Agreement with J. Franze Limited. Read a first an Ond tIm his 13di Slav of jimc, 1 Q94. A istrator/Clerk-Treasurer Read a third unjj d finally passed this 13th day of June, 1994. 19 nistrator/Clerk-Treasurer F CYRIL J. DEMEYERE LIMITED CONSULTING ENGINEERS TILLSONBURG, ONTARIO 'SUN -1 1995 CLOSING DATE: MONDAY, 12:00 NOON, 12 JUNE 1995 PLACE: CLERK'S OFFICE is PORT PITT STREET, PORT BURWELL, ONTARIO CONTRACT DOCUMENTS 1995 SIDEWALK PROGRAM VILLAGE OF PORT BURWELL 9521 MAY 1995 MAY 1995 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 SIDEWALK APPENDIX 'A' CONCRETE SPECIFICATIONS APPENDIX 'B' - KEY PLAN - TYPICAL SIDEWALK X-SECTION - ROBINSON STREET - SIDEWALK DETAILS .J INDEX FOR INFORMATION FOR TENDERERS 1. LOCATION 2. SCOPE OF WORK 3. OWNER 4. DELIVERY OF TENDERS 5. SURETY, DEPOSIT 6. TIME FOR COMPLETION 7. WITHDRAWAL OR QUALIFYING OF TENDERS 8. INFORMAL OR UNBALANCED TENDERS 9. DISQUALIFICATION OF TENDERS 10. TENDERS 11. ACCEPTANCE OF TENDERS 12. BONDS 13. LIABILITY INSURANCE 14. WORKERS' COMPENSATION BOARD 15. SUBCONTRACTS 16. OMISSIONS AND DISCREPANCIES 17. QUANTITIES 18. DELETION OF ITEMS 19. METHOD OF MEASUREMENT AND PAYMENT 20. CONSTRUCTION SCHEDULE 21. GUARANTEED MAINTENANCE 22. DATE OF SUBSTANTIAL COMPLETION 23. DATE OF COMPLETION 24. PROGRESS CLAIMS AND PAYMENT 25. ONTARIO RETAIL SALES TAX 26. GOODS AND SERVICES TAX (GST) 27. LIEN CLAIMS BY SUBCONTRACTOR OR SUPPLIER PAGE IT-1 IT-1 IT-1 IT-1 IT-1 IT-2 IT-2 IT-2 IT-3 IT-3 IT-3 IT-4 IT-4 IT-5 IT-5 IT-6 IT-6 IT-7 IT-7 IT-7 IT-7 IT-8 IT-8 IT-9 IT-9 IT-9 IT-9 0 1995 SIDEWALK PROGRAM 9521 VILLAGE OF PORT BURWELL INFORMATION FOR TENDERERS 1. LOCATION The areas involved are shown on the Key Plan in Appendix 'B'. 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: SIDEWALK 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: 1995 SIDEWALK PROGRAM Tenders will be received until 12 noon local time on MONDAY, 12 JUNE 1995 at the office of the Clerk, 21 Pitt Street, Port Burwell, Ontario, NOJ 1TO. 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 $7,000 submitted by the Contractor and made payable to: VILLAGE OF PORT BURWELL Bid bonds will not be accepted 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. 8. 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. i 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 OWNER(S) HAVE THE RIGHT TO NOT ACCEPT THE LOWEST BID AND ACCEPT ANOTHER TENDER WITHOUT PROVIDING ANY REASONS. The Tenderer acknowledges that he shall have no claim against, or entitlement to damages from, the Owner by reason of the Owner's rejection of his tender or of all tenders. 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 forty-five (45) 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. 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 2$ 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 COUNTY OF ELGIN 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 (h) Railway (if applicable) - in addition to the foregoing, the Contractor shall provide proof of insurance coverage in the amount of $5,000,000.00 for each occurrence, naming the railway company as co-insured against public liability and property damage. 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. 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. 17. (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 (25a) or is less than twenty-five percent (25 0) 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. lender 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 (5p) of the total tender price. INFORMATION FOR TENDERERS IT-6 17 QUANTITIES (Continued) 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. 18. 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. 19. 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. 20. CONSTRUCTION SCHEDULE The Contractor shall be required, prior to the start of the work, to submit a construction schedule. 21. 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. (e) 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. INFORMATION FOR TENDERERS IT-7 22. 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. 23. 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, 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.. INFORMATION FOR TENDERERS IT-8 0 24. 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. 25. 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. 26. 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. 27. LIEN CLAIMS BY SUBCONTRACTOR OR SUPPLIER The Contractor shall assume the defence of and indemnify and save harmless the Owner(s) and the Engineer from any legal action resulting from any lien claims against the project by a subcontractor and/or a supplier, under the Const.uction Lien Act of Ontario. INFORMATION FOR TENDERERS IT-9 0 E 1995 SIDEWALK PROGRAM 9521 VILLAGE OF PORT BURWELL ADDENDUM NO. 1 (to the Tender Documents) RE: COMPLETION DATE, CONTRACT AWARD Assuming a notice of contract award is issued on 13 June 1995, the work must then be substantially completed by 31 July 1995. 31 MAY 1995 ft Affix Company Seal CYRIL J. DEMEYERE LIMITED, CONSULTING ENGINEERS, 261 BROADWAY, P.0 BOX 606, TILLSONBURG, ONTARIO N4G 4J1 (519) 688-1000 (FAX) 842-3235 0 1995 SIDEWALK PROGRAM VILLAGE OF PORT BURWELL FORM OF TENDER Gentlemen: 9521 I/We J. FRANZE CONCRETE 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. I * 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 Thirty -Three Thousand Four Hundred --------------------------- xx/100 Dollars ($33,400.00 ), 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. NOTE: THE VILLAGE OF PORT BURWELL RESERVES THE WORK TO SUIT AVAILABLE FUNDING WITHOUT THE WORK COMPLETED. FORM OF TENDER RIGHT TO REDUCE THE VOLUME OF AFFECTING THE UNIT PRICES FOR 9521 SCHEDULE OF ITEMS AND PRICES PART 1 ROBINSON STREET FROM PITT TO HAGERMAN STREET EST'D UNIT BID ITEM DESCRIPTIQN UNIT OTY PRICE AMOUNT The scope of work includes: • removal of the existing sidewalk north of #12 Robinson. The existing sidewalk and concrete steps south of the private sidewalk at f12 Robinson Street will remain; • construction of a 1.8 m sidewalk adjacent to the curb and gutter, including a sloping sidewalk where required to retain the earth bank; • construction of private sidewalks; • filling and landscaping the area disturbed by the removal of existing work and the construction of the new work; • construction of a wheelchair ramp in the curb and gutter at Hagerman Street; and ■ regrading and restoration of driveways. 1.1 REMOVE EXISTING CONCRETE SIDEWALK, NORTH OF 112 ROBINSON STREET 1.2 1.8 m SIDEWALK, INCL. GRANULAR BASE 1.3 1.0 m SLOPING SIDEWALK TO RETAIN GRASS SLOPE, INCL. GRANULAR BASE 1.4 PRIVATE SIDEWALK, INCL REMOVAL OF EXISTING, REGRADING TO SUIT L L/S - 375.00 E 375.00 m2 430 35.00 15,050.00 m2 35 35._00 1,225.00 m2 30 SUB -TOTAL PART 1 FORM OF TENDER 2. 35.00 1,050.00 $17,700.00 9521 SCHEDULE OF ITEMS AND PRICES PART I ROBINSON STREET FROM PITT TO HAGERMAN STREET (_Continued) EST'D UNIT BID ITEM DESCRIPTION UNIT QTY PRICE AMOUNT SUB -TOTAL CARRIED FORWARD $17,700.00 1.5 REMOVE 3.0 m OF EXISTING CURB & GUTTER AND REPLACE WITH WHEELCHAIR RAMP AT HAGERMAN ST. L/S - 150.00 150.00 1.6 RESTORE AREA DISTURBED BY THE REMOVAL OF EXISTING SIDEWALK, ETC. AND THE CONSTRUCTION OF THE NEW SIDEWALK, INCL. REGRADING, FILLING, PLACING 100 mm TOPSOIL AND SODDING m2 1500 4.50 6,750.00 1.7 REGRADE DRIVEWAYS TO SUIT NEW SIDEWALK, INCL. 150 mm GRAN. 'A' a) TOP WITH 50 rtm OF STONE CHIPS m2 40 15.00 600.00 b) PAVE WITH 50 mm HL 3 m2 40 30.00 1,200.00 TOTAL PART 1 ROBINSON STREET 26 400.U0 FORM OF TENDER 3. 9521 SCHEDULE OF ITEMS AND PRICES PART 2 BRIDGE STREET FROM HURLEY TO CHATHAM STREET EST'D UNIT BID ITEM DESCRIPTION UNIT OTY PRICE AMOUNT The scope of work includes: • construction of a 1.5 m sidewalk and asphalt boulevard to suit existing sidewalk and boulevard; • construction of wheelchair ramps; and • grading and landscaping behind the sidewalk. 2.1 1.5 m SIDEWALK, INCL. GRANULAR BASE m2 400 35.00 $14,000.00 2.2 ASPHALT BOULEVARD CONSISTING OF 50 min HL 3, INCL. 150 mm GRAN. BASE mZ 300 25.00 7,500.00 2.3 REMOVE 3.0 m OF EXISTING CURB & GUTTER AND REPLACE WITH WHEELCHAIR RAMP EACH 3 150.00 450.00 2.4 RESTORE AREA BEHIND SIDEWALK, INCL. REGRADING, PLACING 100 mn TOPSOIL AND SODDING m2 500 4.50 2,250.00 TOTAL PART 2 BRIDGE STREET 124.200.00 FORM OF TENDER 4. SCHEDULE OF ITEMS AND PRICES 0 PART 3 WELLINGTON STREET FROM VICTORIA TO ELIZABETH STREET EST'D UNIT BID ITEM DESCRIPTION UNIT OTY PRICE AMOUNT The scope of work includes: • Construction of a 1.5 m sidewalk adjacent to the curb and gutter; • construction of a curb adjacent to the tree in mid -block to reduce the limit regrading behind sidewalk; • restore driveways; and • grading and landscaping behind the sidewalk. 3.1 1.5 m SIDEWALK, INCL. GRANULAR BASE m2 160 35.00 5 �{}0.00 3.2 600 mm x 150 mm CONCRETE CURB BEHIND SIDEWALK AT TREE IN MID -BLOCK m 3 50.00 150.00 3.3 SUPPLY AND INSTALL MANHOLE FRAME AND GRATE US - 350.00 3 0.00 3.4 RESTORE AREA BEHIND SIDEWALK, INCL. REGRADING, PLACING 100 mm TOPSOIL AND SODDING m2 100 4.50 450.00 3.5 RESTORE DRIVEWAYS, INCL. 150 mm GRAN. 'A' a) TOP WITH 50 mm OF STONE CHIPS m2 10 15.00 150.00 b) PAVE WITH 50 mm HL 3 m2 10 30.00 300.00 TOTAL PART 3 WELLINGTON STREET $7,000.O0 ft FORM OF TENDER 5. 9521 SCHEDULE OF ITEMS AND PRICES PART 4 WILLIAM STREET FROM VICTORIA TO ELIZABETH STREET ELIZABETH STREET FROM WILLIAM TO MAPLE MEADOWS EST"D UNIT .BID ITEM DESCRIPTION UNIT QTY PRICE AMOUNT The scope of work includes: • construction of a 1.5 m sidewalk on the north and west side of the streets adjacent to and on the street side of the pole line. The elevation of the sidewalk will be 150f mm above centreline of the road. The sidewalk will terminate at the catchbasin at Victoria Street; and • grading and landscaping adjacent to the sidewalk, including ramping for driveways. 4.1 1.5 m SIDEWALK, INCL. GRANULAR BASE m2 240 35.00 8,400.00 4.2 RESTORE AREA ADJACENT SIDEWALK, INCL. REGRADING AND PLACING 100 mn TOPSOIL AND SODDING wo 500 4.50 2,250.00 TOTAL PART 4 WILLI1IM STREET AND ELIZABETH STREET 10 650.00 1 11 FORM OF TENDER 5. 9521 0 SCHEDULE OF ITEMS AND PRICES 9521 PART 5 PITT STREET FROM ROBINSON TO ERIUS STREET ITEM DESCRIPTION UNIT ESd'D UNIT BID TY PRICE AMOUNT The scope of work includes: • removal of existing sidewalk; • construction of a 1.5 m sidewalk in the same location as the existing sidewalk at a similar elevation; • landscaping the area disturbed by construction; and • restore driveways. 5.1 REMOVE EXISTING CONCRETE SIDEWALK L/S - •400.00 400.00 5.2 1.5 m SIDEWALK AND PRIVATE SIDEWALK, INCL, GRANULAR BASE m2 170 35.00 5,950.00 5.3 RESTORE AREA ADJACENT SIDEWALK, INCL. PLACING 100 mm TOPSOIL AND SODDING m2 150 4.50 675.00 5.4 RESTORE DRIVEWAYS AND SHOULDER AREA WITH GRANULAR 'A' TONNE 25 20.00 500.00 TOTAL PART 5 PITT STREET $7,525.00 FORM OF TENDER 7. 9521 SCHEDULE OF ITEMS AND PRICES PART 6 ERIUS STREET FROM PITT TO WELLINGTON STREET EST°D UNIT BID ITEM DESCRIPTION UNIT OTY PRICE AMOUNT The scope of work includes: ■ removal of existing sidewalk; • strip topsoil and place sand fill in low area south of Wellington Street in preparation for new sidewalk at a higher elevation and allowing for a maximum grass grade of 3:1; • construction of a 1.5 m sidewalk in the same location as the existing sidewalk but at an elevation approximately 150* mm higher than road centreline; • construction of private sidewalks; and • regrading areas adjacent to the sidewalk to allow for a'Granular "A° shoulder on the street side and topsoil and sodding on the house side of the sidewalk. 6.1 REMOVE EXISTING CONCRETE SIDEWALKS AND STRIP TOPSOIL IN LOW AREA L/S - 400.00 400.00 6.2 PLACE AND COMPACT SAND FILL IN LOW AREA IN PREPARATION FOR RAISING SIDEWALK m3 20 20.00 400.00 6.3 1.5 m SIDEWALK AND PRIVATE SIDEWALKS, INCL. GRANULAR BASE mz 1.75 35.00 6J25.00 6.4 RESTORE SHOULDER AREA ADJACENT TO SIDEWALK WITH GRANULAR `A' TONNE 30 20.00 600.00 SUB -TOTAL PART 6 $7,525.00 FORM OF TENDER 8. 9521 SCHEDULE OF ITEMS AND PRICES 0 PART 6_ ERIUS STREET FROM PITT TO WELLINGTON (Continued) EST'D UNIT BID ITEM DESCRIPTION UNIT QTY PRICE AMOUNT SUS -TOTAL CARRIED FORWARD $7,525.00 6.5 RESTORE GRASS AREA ADJACENT TO SIDEWALK, INCL. PLACING 100 mm TOPSOIL AND SODDING m2 400 4.50 1.800.00 6.6 REGRADING DRIVEWAYS TO SUIT NEW SIDEWALK, INCL. 150 rtm GRAN. 'A' AND TOPPING WITH 50 mm STONE CHIPS m2 25 15.00 375.00 TOTAL PART 6 ERIUS STREET $9,700.00 FORM OF TENDER 9. 9521 SUMMARY PART 1 ROBINSON STREET $26,400.00 PART 2 BRIDGE STREET DEFERRED PART 3 WELLINGTON STREET 7.000.00 PART 4 WILLIAM STREET AND ELIZABETH STREET DEFERRED PART 5 PITT STREET DEFERRED PART 6 ERIUS STREET DEFERRED TOTAL TENDER PRICE (EXCLUDING GST) 133,400.00 Amount of tender to be repeated in writing _Thirty -Three Thousand Four Hundred ---------------------------------------------------------------xx/100 Dollars PROVINCE OF ONTARIO SALES TAX TO BE INCLUDED IN ACCORDANCE WITH SECTION 25 OF THE INFORMATION FOR TENDERERS. IN ACCORDANCE WITH THE CANADA-ONTARIO INFRASTRUCTURE PROGRAM, THE TENDERER SHALL INDICATE BELOW THE ESTIMATED NUMBER OF PERSON -WEEKS OF WORK. THE CONTRACTOR IS REQUIRED TO DOCUMENT THE ACTUAL NUMBER OF PERSON -WEEKS OF WORK DURING THE COMPLETION OF THE PROJECT. ESTIMATED NUMBER OF PERSON -WEEKS INCLUDING ANY SUB -CONTRACTOR IS 20 FORM OF TENDER 10. 9 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 bein; 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 material's or equipment pertaining thereto) or wi l l 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 FORM OF TENDER 11. 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 Mork 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 12. 0 0 9521 Dated at Lambeth Ontario this 15th day of June 1995. Signature of Witness J. FRANZE CONCRETE LIMITED 3 Kirk Drive Address Lambeth, Ontario City, Town NOL ISO Postal Code (529)652=9488 (519)652-0546 Telephone No. Fax No. Joe France 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 13. AGREEMIEN T 9521 THIS AGREEMENT MADE (in duplicate) this 15th day of June A.D., 1995. BETWEEN; J. F'RANZE CONCRETE LIMITED Hereinafter called the "Contractor" OF THE FIRST PART, A N D 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 1995 SIDEWALK PROGRAM. 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 w't ess the Corporate Seal of the Owner under the hands of its proper officer i that behalf. SIGNED, SEALED AND DELIVERED IN THE PRESENCE OF AS to signature of contractor RANZE CONCRETE LIM{IT'ED Clerk RT BU94ELL 0 1995 SIDEWALK PROGRAM VILLAGE OF PORT BURWELL GENERAL CONDITIONS 9521 The General Conditions of this Contract with regard to control of work, materials, progress of work, Contractor's responsibility and legal obligations shal I be those as set forth in the current MTC Form. M-10O. NOTE: A copy of these General Conditions is available from the Consulting Engineer upon request. 0 INDEX TO SUPPLEMENTARY GENERAL CONDITIONS PAG E 1. GENERAL SGC-1 2. SCOPE OF WORK SGC-1 3. DRAWINGS, SPECIFICATIONS SGC-1 4, TESTING OF MATERIALS SGC-2 5. STORAGE YARDS SGC-2 6, CUTTING AND FITTING SGC-3 7. WATER SUPPLY SGC-3 8. LAYOUT WORK SGC-3 9. OCCUPATIONAL HEALTH AND SAFETY ACT SGC-3 10. PUBLIC UTILITIES SERVICES SGC-4 11. WATER, SNOW AND ICE SGC-5 12. PROVISION FOR TRAFFIC DURING CONSTRUCTION SGC-5 13. PROTECTION OF ADJOINING PROPERTIES SGC-5 14. CLEANLINESS OF THE WORK SGC-6 15. CONTRACTOR'S GENERAL OBLIGATION SGC-6 16. SANITARY CONVENIENCES SGC-6 17. PRESERVATION OF TREES SGC-6 18. CONFLICTS AND OMISSIONS SGC-7 19. TRAFFIC SIGNS SGC-7 20. STREET NAME SIGNS SGC-7 21. ERRORS AND OMISSIONS BY CONTRACTOR SGC-7 22. EXCESS LOADING OF MOTOR VEHICLES SGC-7 Z3. ERRORS IN CONTRACT DOCUMENTS SGC-8 24. CANADAIONTARIO INFRASTRUCTURE WORKS SIGNS SGC-8 1995 SIDEWALK PROGRAM 9521 VILLAGE OF PORT BURWELL SUPPLEMENTARY GENERAL CONDITIONS 1. GENERAL These Supplementary General Conditions 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 reasonably inferable from the plans and specifications, including the following. SPECIFICATIONS PART 1 SIDEWALK DRAWINGS - SEE APPENDIX 'B` KEY PLAN SIDEWALK X-SECTION - ROBINSON STREET SIDEWALK 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. 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. STORAGE YARDS The Contractor shall be responsible for arranging for adequate storage yards beyond the limits of the road allowance. SUPPLEMENTARY GENERAL CONDITIONS SGC-2 6. 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. 7. WATER SUPPLY The Contractor shall make his own arrangements for the supply of water and pay for all the costs involved. 8. LAYOUT WORK The Engineer shall establish all necessary alignment and grade stakes. The Contractor 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. 9. 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 proper sanitation and ventilation. SUPPLEMENTARY GENERAL CONDITIONS SGC-3 9. OCCUPATIONAL HEALTH AND SAFETY ACT (Continued 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 thereunder, including payments due for Workers' Compensation Insurance. The Contractor shall indemnify the Owner and the Engineer of any legal costs, including time lost for preparation and attendance at proceedings, expert witness expenses and any other similar costs should legal action be taken against the Owner in connection with the Occupational Health and Safety Act. 10. PUBLIC__UTILITIES SERVICES (a) 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. (b) 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. (c) The Contractor shall be responsible for informing the utilities and other companies of work progress. SUPPLEMENTARY GENERAL CONDITIONS SGC-4 0 11. WATERY 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. 12. 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) 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. 13. 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. SUPPLEMENTARY GENERAL CONDITIONS SGC-5 14. 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. 15. 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. 16. 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. 17. 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. SUPPLEMENTARY GENERAL CONDITIONS SGC-b 18. 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 19. 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. 20. 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. 21. 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. 22. 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. SUPPLEMENTARY GENERAL CONDITIONS SGC-7 23. 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. ZA CANADAIONTARIO INFRASTRUCTURE WORKS SIGNS The Contractor shall supply, erect and maintain a SITE A information sign as directed by the Engineer. The size, wording, painting and construction shall be as per the following Specification. The sign will be removed by the Village and shall become Village property. SUPPLEMENTARY GENERAL CONDITIONS SGC-8 0 Canada/ Ontario Infrastructure Works Signage Colour Specifications All material Prints 'black except: �go---------PMS Warm Red ad LO PMS 356---------------r--,--. + ,------------- r 1 + , 1 *F 1 r r + r � r r e r r r 1 6 � t ---- ---11 jobsOntario b,oulotO ario 0 0 Canada/Ontario Infrastructure Works Sign Production Specifications 1. Base sign Size, The sign is to be produced in a bilingual English/French version in one of the following three sizes. Size A: 6' x 4'6' x 1/2' Size B: 8' x 6' x 3/4' Size C: 12' x 9' x 3/4- Material: Signply Glossy White, one side Process: silkscreen printing (if silkscreen printing is not readily available, computer - generated lettering is acceptable, so long as sign can be produced according to specfiic,ations below for design, lettering, layout and colours). Colours: ' Black plus PMS Cool Gray 5 for bar across top of sign PMS 356 (green) for jobsOntario logo PMS Warm Red for Canada wordmark additional colour(s) if needed for municipal logo. See attached layout for colour breaks. Inks: Use exterior inks capable of withstanding heat, cold and ,precipitation. F11m: line work only; no bleeds- 2. IMPRINT See attached layouts. Signs will carry the following-- - Ganada/Ontario Infrastructure typemark, English and French, across the top- . three to five lines describing the nature of the project; in English and French (Eng'Gsh on left hand side, French on right, as per layout) 2 Page 2 jobsOntario logo (proof and colour breaks supplied) municipal logo (optional; if used, to be supplied locally and reproduced as per municipality's specifications) . Canada wordmark (proof and colour breaks supplied) Typeface: Helvetica Neue 56 italic; Helvetical Naue 76 Bold Italic. Helvetica Neue 86 Hearty Italic. Placement as indicated on attached layout- 3- INSTALLATION INSTRUCTIONS . Signs are to installed in accordance with the attached drawings, and in the most publicly visible area available on the activity/construction site. . The selected location of the sign must not restrict accessibility, pose any hazard or interfere with facilities and services (e.g. electrical, drainage, etc.). . Signs should be free-standing, securely assembled and erected as per attached drawings, away from other distracting signage. Wherever praclial and safe, signage may be securely attached to walls or chain-link/other fencing. . No other signs e.g. those for architects. contractors, etc. should be attached to signs or vice versa - Signs for this program must be bilingual, English and French. . Sign should be retained on the construction site for a -period of up to two months after activity/construction is completed- . Recipients will make arrangements for removing and re -Circling the signs two months after construction is completed. 0 Canada 1 Ontario Infrastructure Works Signage -- Production Specifications 0 site COLODL R 1. Crime artwork a 24' x 32' All material prink black except: L For f' x 4.5' sign, r: "t artwork at 22546 i. The jobsOnts io ioto; see instr+sctiont. 3. Far i' x ti' ptn, tlww artwork at 3" 2. The Canada wordmarL sm instructions. 4. For 12' x 4' wise, slwot artwork at 450% ), Local p rmtt uaAWSOF if appropriate. 4. Qar across top of Sir, prints Pm Cool Cray 5 wr s®w ME ME S&K vMEL Uff k S" Vim 1O K rF. WU FCR l'lA1(Cl. pma a,Jxj & u lump — EK4=O OM OVERIrJ� — — ttE � s'At41, 111 11 III Ea. 1 . .ram( ( " tr„ri = ONLY) pw I I + I I ELEVATIO NOT TO SCuE } I 8`-0` 2438mm) E b' x S' SiGY� I Y W ;a PANEL JCINT 12*-(f 4`-0" 4'-4f 4'--{} E I I E b r_ ti m b I PANEL JOIIn I I ELEVATION OF VARIOUS SIGN PANELS { SHOWING THE JOINTS OF THE SICN PMIELS ) N.T.S. I I I 1 �y ] 5ECTIO [ NOT TO SCALE ) AMATFRIAIS; PANELS: .9mm THPCX CaERIOR GRAM PLYW+COO. mEDA AA 0E:V5TY, CSADI5I—+.2.1.a. POSTS: 140a140 PME RAILS: 3I1r89 PULE (HORl2ONTAL AT TOP & SOTTCV) 64d39 PIKE AT ALL PANEL JOPITS, 44OMt & VER` ] BRACES. E9e t W P7F— ONE Wk<X 9EHINO EACH PCST. LEANS U&N. 39 AGA:YSTS POST. TOP END SHALL ?E PACED AT APPROX. 2/3 WJGHT OF SJGM PA -,EL COLOUR: R-W WE OF P94M PaM RALS h 2RA"S AK TO BE PA11M GREEN 'Pvs 3W NOTE: 1. ALL POSTS SHALL BE EXTENDED MIN. 100Omm INTO THE GROUND, & SURROUNDING SOIL I SHALL BE COMPACTED. I 2. OBTAIN PERMISSION & INSTALLATION DETAILS 11 FROM MBS PROJECT MANAGER i (TEL 416 327-28741, IN CASE OF DIFFERENT I SITE CONDITION, i.e.: TO BE ATTACHED TO , EXISTING WALL CHAIN -LINK OR OTHER TYPES I OF FENCING. projKc Tills aad I.ocatiaa +CANADAI[7NTARIO " @) Ontario o CO INFRASTRUCTURE WORKS SIGNAGE I R' rn marawnefg Draw%ng Title ` secr�reilu°ial TYPICAL EXTERIOR SIGN ERECTION DETAIL Sec Date Prot va. Dra.nn4 No • 1995 SIDEWALK PROGRAM 9521 VILLAGE OF PORT BURWELL SPECIFICATIONS PART_1 SIDEWALK 1.1 DESCRIPTION (a) SCOPE OF WORK The Contractor shall provide all labour, equipment, supervision and supply all material necessary to complete the following work as shown in described by or reasonably inferable from the Drawings and Specifications: SIDEWALK AND LANDSCAPING at locations in conformity with lines, grades, dimensions and designs shown on the Drawings. 1.2 MATERIALS (a) CONCRETE Concrete shall conform to Appendix "A" Concrete. (b) GRANULAR BED COURSE Granular bed course shall be Granular 'A` in accordance with OPSS 1000 and OPSS 1010. (c) EXPANSION JOINT FILLER Premoulded expansion joint filler shall be non -extruding and resilient bituminous fibre type 12 mm thickness conforming to A.S.T.M. Specifications D544-49. (d) CURING AGENT The curing agent shall be Ritecure White Pigmented or approved equal between April I and October 1. At other times, the concrete shall be cured using wet burlap. SPECIFICATIONS PART 1 SIDEWALK 1.2 MATERIALS (Continued) 0 (e) REINFORCING STEEL 0 Welded wire fabric shall comply with C.S.A. G30.5 "Welded Steel wire Fabric for Concrete Reinforcement'". (f) 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. (g) 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. (h) SODDING Sod shall be fresh cut #1 Nursery Turf and shall be free from weeds or insects. (i) FERTILIZER Fertilizer shall be standard commercial fertilizer (5-20-20) for seeding and (10-10-10) for sodding. 1.3 CONSTRUCTION METHODS (a) EXCAVATION The Contractor shall remove existing sidewalk and pavement where necessary. Excavation shall be made to the required depth, and the base upon which the curb and gutter is to be set shall be compacted to a firm even surface. All soft and unsuitable material shall be removed and replaced with suitable material. The Contractor shall remove foreign material from the roadbase prior to excavation for curb and gutter. The Contractor shall be responsible for disposal of all removed and excavated material as directed by the Engineer. In areas requiring fill under the sidewalk granular base, clean sand shall be used and compacted to 95% Modified Proctor. SPECIFICATIONS PART 1 SIDEWALK 2. 1.3 CONSTRUCTION METHODS Continued (b) BED COURSE The Granular 'A' bed course shall be placed to the required depth and shall be MECHANICALLY COMPACTED WITH A VIBRATOR to a minimum of 95% Modified Proctor. (c) PLACING SIDEWALK Existing sidewalks, curbs, and driveways shall be cut back using a saw to accommodate new work. Private sidewalk shall be cut back and graded as requested by the Engineer. Steps shall be placed where the grade is excessive. The sidewalk will be constructed in uniform sections 6 m in length using expansion joint material. Dummy joints shall be made transversely at 1.5 m intervals. The concrete in the sidewalks must be screened. The top of the concrete shall be finished to a smooth and even surface and the edges rounded to the radii shown on the plans. Before the concrete is given the final finishing, the surface of the concrete shall be tested with a 3 m straight -edge and any irregularities of more than 6 mm in 3 m shall be corrected. Concrete shall be given a "broom" finish perpendicular to road centreline. The forms shall be removed within 24 hours after the concrete has been placed. Minor defects shall be repaired with mortar containing one part of Portland Cement and two parts of fine aggregate. Plastering shall not be permitted on the faces and all rejected portions shall be removed and replaced at the Contractor's expense. When completed, all concrete shall be totally covered with a membrane forming material (Ritecure White Pigmented or equal) within three (3) hours of concrete being poured, or wet burlap as directed by the Engineer. The concrete shall be suitably protected from the weather until thoroughly hardened and protected from vehicular traffic for a minimum of four days. The Contractor shall protect fresh concrete with barricades and/or watchman. All damage to existing work caused by vehicular and pedestrian traffic, dogs, etc. shall be made good at the Contractor's expense. (d) BACKFILLING BEHIND SIDEWALK The voids left by the form worm or curb machine shall be backfilled with acceptable material to allow for topsoil and compacted to 95% Proctor. SPECIFICATIONS PART I SIDEWALK 3. 1.3 CONSTRUCTION METHODS (Continued) 0 (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 kg1100 m2, 48 hours maximum prior to sodding. 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. 1.4 MEASUREMENT AND PAYMENT (a) SIDEWALK Quantities of sidewalk will be measured in place in square metres and will include private walks as required. Private sidewalk steps shall be measured as above with length increased by 0.5 m for each step. Payment at the unit price bid shall include: - removal and disposal of existing sidewalk, where necessary - excavation, fine grading and compaction of subgrade - excavation and disposal of unsuitable material below subgrade - supply of fill material for low areas under the sidewalk - cutting tree roots - disposal of unsuitable and excess material - supply and compaction of Granular 'A' under the sidewalk - construction of the sidewalk as specified - extra depth of concrete at driveways and commercial entrances - wire mesh at driveways - adjusting manholes, handwells, valve boxes within the limits of sidewalk - saw cutting and removal of existing work to accommodate new work - provisions for signs - backfilling, excavating, grading and compacting behind the sidewalk - air entrainment testing - cl'ean-up of discarded concrete pieces SPECIFICATIONS PART I SIDEWALK 4. I.4 MEASUREMENT AND PAYMENT Continued (b) LANDSCAPING Quantities of seeding and sodding shall be measured in place in square metres. Quantities, measured as provided above, shall be paid for at the contract price pre 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 and/or sod, staking sod where necessary and maintaining growth for 12 months. In fill areas, payment shall include supply, placing and compacting acceptable fill material. (c) 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, other items shall include the supply of materials, equipment and labour necessary to complete the item. SPECIFICATIONS PART I SIDEWALK 5. 0 INDEX TO SPECIFICATIONS PART I SIDEWALK PAGE 1.1 DESCRIPTION (a) Scope of Work 1 1.2 MATERIALS (a) Concrete I (b) Granular Bed Course 1 (c) Expansion Joint Filler 1 (d) Curing Agent I (e) Reinforcing Steel 2 (f) Topsoil 2 (g) Seeding 2 (h) Sodding 2 (i) Fertilizer 2 1.3 CONSTRUCTION METHODS (a) Excavation 2 (b) Bed Course 3 (c) Placing Sidewalk 3 (d) Backfilling Behind Sidewalk 3 (e) Seeding & Sodding 4 1.4 MEASUREMENT AND PAYMENT (a) Sidewalk 4 (b) Landscaping b (c) Miscellaneous 5 0 1995 APPENDIX "A" CONCRETE SPECIFICATION I. QESI NMIX The basic design mix shall consist of the fol lowing: Aggregates: 1130 kg. (dry wt.) crushed stone per m' 830 kg. (dry wt.) sand per m' The above weights of aggregate are approximate and adjustments are to be made in proportion to the materials test. Similarly the amount of water should be adjusted to produce the proper slump. Cement: 337 kg. per m' Water: Water cement ratio shall be 0.40 Admixtures: Porzite - 0.3% Air entraining - 7 (tl.O-%) at time of placement Slump: Maximum 75 mm NOTE: The final design mix shall be submitted to the Engineer for approval when requested. 2. MATERIALS Cement shall be Normal Portland Cement (Type 10) conforming to Form 1301. THE USE OF SLAG WILL NOT BE ALLOWED. Aggregates shall consist of crushed stone and sand of commercial quality. Combined aggregates shall be of such composition of sizes that when separated on a No. 4 standard sieve, the weight passing the sieve shall not be less than 304 or greater than 5G% of the total . COURSE AGGREGATE SHALL HAVE A PETROGRAPHIC NUMBER OF 125 OR LESS. The maximum sized aggregate shall not exceed 18 mm. All stones shall be commercially washed or equal. Water used for mixing shall be clean and free from any ingredients which may set up harmful physical or chemical reaction in the concrete. APPENDIX "A" CONCRETE MIXING. PLACING AND CURING All concrete shall be mixed -in -transit providing the Company producing the concrete and the travelling distance are approved by the Engineer. Sufficient water only is to be added to the mix to ensure workability and obtain the slump as already specified so that the concrete may flow using vibrators, if necessary, into the corners of the forms and into deeper sections. Concrete during and immediately after depositing shall be thoroughly compacted by means of suitable tools. For thin walls or inaccessible portions of the forms where spading rodding or forking is impracticable, the concrete shall be worked into place by vibrating or hammering the forms lightly opposite the freshly deposited concrete. The concrete shall be thoroughly worked around any reinforcement, and around all embedded fixtures and into the corners of the forms. Excess accumulation of water on the surface of the concrete due to water gain, segregation or other causes, during placement and compacting shall be prevented as far as possible by adjustments in the mix. Provisions shall be made for the removal of such excess water as may accumulate so that under no circumstances will concrete be placed in such accumulations. 4. DELIVERY OF CONCRETE Upon del i very of each l oad of concrete, the suppl i er wi 11 provide the Engi neer wi th a copy of the Bi i 1 of Ladi ng showi ng the fol 1 owi ng: a) Cement content per m' b) Admixtures c) Truck number d) Time of day and date truck loaded AMPLING AND TESTING SampI i ng and test ng of concrete shall be i n accordance wi th MTO Form 1350. APPENDIX "A" b APPENDIX 'B' Key flan Typical Sidewalk X-Section - Robinson Sircet Sidewalk Details 4�I ' .OKA 7m� M-0mislu a 7Ilm Lmrzu Y Lm �o _� � l w I ti we-cp V � 7- M ,Ila * V�l PROPOSED SIDEWALK KEY PLAN VILLAGE OF PORT BURWELL 1995 SIDEWALK PROGRAM CYR& J. DEMEYERE LIMITED COWSULTINQ emlo Er" to LSON sumo , v-F4iMO 9521 MAY.1995 0 `I W 2 EXISTING GROUND ROBINSON ST a ` WM 2 /0 L J� Y 18m VARIES I.O +o 1 5m TYPICAL SIDEWALK X-SECTION - ROBINSON ST. EXPANSIC.. JOINT -- EXPANSION JOINT INTERVAL 6 O m uvmm I JOINTS CURS S GUTTER I25mm NORMAL 175awn RES. ORI"AYS 5 mm ZZ5nwn COMM DRIVEWAYS 5 n, m 5f ALLEYS 125 mm GRAN 'A+ 100 % PROCTOR 4A�M It JI V I'Y JOINT FINISH WITH EXPANSION EDGER 5'mmR JOINT FILLER 5mm A- A 8 - 6 --� {-12mm C- C NOTE I EXPANSION JOINTS SHALL HE USED TO ISOLATE OBSTRUCTIONS FROM THE SIDEWALK eq SIGNS, LIGH-T POSTS, MANHOLES ETC 2 FORMS SHALL BE SOMM x 150rnm & 50fnm x 200rn- LUMBER 50mm x IOOrmm WILL NOT BE ACCEPTABLE 3 EXPANSION JOINT MATERIAL WLL BE 125mm WIDE 4 PLACE GR £i 8/8 WIRE MESH AT COMMERCIAL DRIVEWAYS AND ALLEYS 5 TRANSITION WIDTH FOR DROP CURB SHALL BE 100m NORht4L, IOOrn AT WHEELCHAIR RAMPS b THE 150m BAY CONTAINING ANY HYDRO POLE SHALL HAVE AN EXPANSION JOINT AT EACH END SIDEWALK DETAILS THE CORPORATION OF THE O/ILLAGE OF PORT BURWELL P. O. Box 10, Port Burwell, Ontario NO] I TO telephone (519) 874-4343 - fax (519) 874-4948 June 22, 1995 ]. Franze Concrete Ltd 3 Kirk ,Drive Lambeth ON NQL 1SO Attention: Joe Franze Dear Mr. Franze Please find enclosed a certified copy of our By -Law 95-31, as well as the signed copy of the agreement between your company and the Village of Port Burwell. 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 Free, CET, AMCT ratornistjClerk-Treasurer Encls. David R. Free. CET, AMCT(A) • Administrator/Clerk-Treasurer THE CORPORATION OF THE VILLAGE OF PORT $URWELL. P. 0. Box 10. Port Burwell, Ontario NOJ I TO telephone (5 i 9) 874-4343 • fax (5 19) 874-4948 June 14, 1995 Cyril J. Demeyere W. PO Boat #606 Tillsonhurg ON N4G 4J1 Attention: Mr. John Wehe Dear Mr. Wiel e Please find enclosed a certified copy of By -Law 95-31 passed at the June 13, 1995 Regular Council Meeting authorizing the Reeve and myself to enter into an agreement with J. Franze Limited for the construction of sidewalha within the Village of Port Burwell. Please note that this office requires two signed copies of the appropriate agreement for our files. I trust that you will find the attached in order and if you should hake any further questions please feel free to call. Yours truly Encla. R. Free, CET, AMCT Listrator,IClerk-Treasurer David R. Free. CET, AMCT(A) • Administrator/Clerk-Treasurer THE CORPORATION OF THE VILLAGE OF PORT BURWELL P. O. Box 10, Port Burwell, Ontario NO) [TO telephone (519) 874-4343 • Fax (519) 874-4948 June 28, 1995 J. Franze Concrete Ltd 3 Kirk Drive I.,am—teeth ON NOL ISO Attention: Joe Franze Dear Mr. Franze Please find enclosed a copy of the agreement hetween your company and the Village of Port Burwell. We require two copies of the agreement for our files, therefore it would he appreciated if you would sign, seal and return this copy at your earliest 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 David R. Free, CET, AiMCT Administrator/Clerk-Treasurer E ncls. David R. Free, CET, AMCT(A) • Administrator/Clerk-Treasurer The Corporation of the ViLge of Port Burwell PO Box 10 21 Pitt Street Port Burwell ON NOJ 1TO BY-LAW 95-32 Being a by-law to regulate and license trailers and trailer camps within Village of Port Burwell. WHEREAS section 236 paragraph 15 of the Municipal Act, R.S.0 1990, c. M.45 as amended gives Council the powers to pass bylaws as follows; 15. For licensing, regulating and governing tourist camps, trailer camps and motels. Definitions (a) In this paragraph, "tourist camp" includes auto camp and any parcel of land or premises equipped with cabins used or maintained for the accommodation of the pudic, and any parcel of land or premises used or maintained as a camping or parking ground for the public whether or not a fee or charge is paid or made for the rental or use thereof; "trailer camp" means land in or upon which any vehicle, so constructed that it is suitable for being attached to a motor vehicle for the purpose of being drawn or propelled by the motor vehicle, is Placed, located, kept or maintained, even if the vehicle is jacked -up or its mooing gear is removed, but not including any vehicle unless it is used for the living, sleeping or eating accommodation of persons therein. (b) Any by -law -passed under this paragraph may, among other things, i. require trailer camps to he divided into lots, each to be made 1 available for the occupancy of one trailer, ii. provide for the issue of licences for a period of one month or longer to the owner of a trailer camp for each such lot to be made available by such owner for the occupancy of a trailer during the currency of a licence and prohibit the use of any lots for the occupancy of trailers without a licence therefor, require a licence fee of not more than $20 per month payable by the owner of a trailer camp for each such lot and require fees to be paid in advance, except that where a lot is to be made available only for temporary occupancy by persons who continue to maintain elsewhere a usual or normal place of residence or for occupancy by a trailer that is assessed under the Assessment Act, no licence fee shall be charged. AND WHEREAS time council deems it expedient and fair to license trailers and trailer camps towards maintaining the municipal infrastructure. NOW THEREFORE, the Council of the Corporation of the Village of Port Burwell enacts as follows; 1. That all trailer camps within the Village of Port Burwell are required to pay a license fee as prescribed in Schedule "A" forming part of this bylaw. 2. All trailer camp operators are required to submit on a monthly basis for the approval of the Administrator/Clerk-Treasurer a site plan of the camp sites occupied within the trailer park. 3. Submit a detailed site plan identifying all infrastructure (electrical, water, sewer lines) including storm drains, fire routes, emergency routes. 4. All trailer camp operators are required to submit accurate site plans to the Administrator/Clerk-Treasurer updates of time plans from time to time when any changes to items as described in section 3. forming the bylaw. N Read a first and second time this 14th day of November, 1995. Reeve AdministratorlClerk-Treasurer Read a third and final time this 14th day of November, 1995. Reeve Administrator/Clerk-Treasurer 3 Schedule "A" The greater cost of the following; A charge of $ 10.00 per trailer per month; 2. A charge of $0.50 per day if occupancy is less than 15 days; 3. Failure to report occupancy accurately will result in a flat fee penalty of $20.00 per month regardless of time occupying site. 4 4W7Igin st.thomas health unit 4e,reco CS, cx��XN NAW, iS For" ev.t�x4c�, } 0 4 x GUIDELINES FOR CAWGROUNDS AND RECREATIONAL VEHICLE PARKS 1. INTRODUCTION A steadily increasing number of campers has stimulated a proliferadion of a wide variety of public and private campgrounds ranging from large accessible fully serviced pads to primitive sites far from roads and highways. The majority of campers expect facilities„ such as water supply, sewage disposal and bathing areas, to be as safe and hazard -free as [hose they are accustomed to. In view of this, guidelines for the use of public health inspectors in particular, and related agencies in general, were developed. These guidelines should be helpful to the prospective campground developer so that a proposed site can be properly evaluated in terms of space, drainage, sewage disposal and water supply requirements. 2. DEFINITIONS: For the purposes of these health guidelines, the term of words listed below are defined and interpreted as follows: 2.1. Campground - Tract or parcel of land upon which 5 or more spaces for tents or recreational vehicles are located, established, or maintained for the use of the travelling public for overnight or extended stays. FA - 2 - 2.2. Operator - A person, organization or body, licensed to operate a campground. 2.3. Recreational Vehicle Park - Campground used for accommodating recreational vehicles only, and trailer parr has an identical weaning. 2.4. Recreational Vehicle - means any of the following: 2.461. Travel Trailer - a vehicular portable structure mounted on a chassis or wheels for use as a temporary dwelling for travel, recreation, or vacation intended to be towed by a motor vehicle, which does not fold up or reduce in size for transit. 2.4.2. Slide -in Camper or Pick -Up Coach - an accommodation body that fits into a standard vehicle, for use as a temporary dwelling for travel, recreation, or vacation and is designed for easy removal. 2.4.3. Motorized Camper - an accommodation body that is constructed as an integral part of a self-propelled vehicle for use as a temporary dwelling for travel, recreation, or vacation. 2.4.4. Tent Trailer - vehicular portable structure intended to be towed by a motor vehicle, built on its own chassis, having a rigid top with side galls which may be folded or condensed for transit. 2.5. Dependent Recreation Vehicle - vehicle which is dependent upon c=W facilities for toilet, lavatory, and/or electric power. 2.6. Self-contained Recreation Vehicle - recreation vehicle which can operate independently of connections to camp''s sewer, water and electric systems. It may contain one or more of the following, but is not limited to a water -flushed toilet, lavatory, shower and kitchen sink, all of which are connected to water storage and sewage holding tanks located within the vehicle. 2.7. Campsite - a plot of ground within a campground designated for the accommoda- Lion of a recreational vehicle or accommodation of a tent. 2.8. Recreational Vehicle Lot - campsite designated for the accommodation of a. recreational vehicle. 2.9. Tenting Lot - campsite designated for the accommodation of a tent. 2.10.Tent - A portable lodging unit usually made of canvas, plastic or strong - 3 - cloth stretched and usually sustained by poles, and dependent upon separate toilet and lavatory facilities. 2.11. Sanitary Station - A facility used for receiving and/or disposing liquid wastes from recreational vehicle holding tanks, and a sewage dumping station has an identical meaning. 2.12. 'Service Building - A structure housing Washrooms and such other facilities as may be required. 2.13. Watering Station - A facility for supplying potable water to recreational vehicle water storage tanks. 2.14. rater Riser Pipe - That portion of the water supply system serving the recreational vehicle lot, which extends vertically to the ground surface and terminates at a designated point on the lot. 2.15. Water Connection - Consists of all pipes, fittings and appurtenances from the water riser pipe to the water inlet pipe of the recreational vehicle, and water hook-up has an identical meaning. 2.1.6. Sewer Riser Pipe - That portion of the sewer lateral which extends vertically to the ground surface and terminates at a designated point on a recreational vehicle lot. 2.17. Sewer Connections - Consists of all pipes, fittings and appurtenances from the recreational vehicle drain outlet to the corresponding inlet of the sewer riser pipe, and sewage hook-up has an identical meaning. 2.18. Refuse - Garbage, rubbish, ashes, trade or bulky wastes. 2.19. Sewage - Any liquid wastes resulting from the discharge of flush toilets, laundry tubs, kitchen sinks, showers, washing machines, dishwashers, or any other source of water carried wastes of human origin. 2.20. Leisure Area - Campground area reserved for avimming, picnics, games or child -play equipment activities. 3. GENERAL LAYOUT AND DESIGN: 3.1. Each campground should be provided with convenient and safe access for the. ingress and egress of traffic from any highway or major street.. - 4 - 3.2. Roads in the campground area should provide for convenient vehicular circu- lation. They should be of adequate widths to accommodate the expected traffic load. 3.3. The campground should be located on a site that is well -drained, gently sloping, free from topographical or geological hindrances or other conditions unfavourable to proper enjoyment of the campers. Consistent with site planning requirements, shade trees, underbrush, large rocks, natural vegetative cover, and other natural features should be retained wherever possible, so as to ensure privacy, facilitate drainage, prevent erosion, and preserve scenic attributes of the area. 3.4. The site should not be exposed to objectionable smoke, noise, odours, or other adverse influences and no portion should be subject to unpredictable and/or sudden flooding, subsidence or erosion such that persons or property are exposed to hazards. 3.5. No tenting or recreational vehicle lot should be within 50 ft. (15 m.)* of the right-of-way line of any highway or major street or within 25 ft. (7.5 m.) of the right-of-way line of a minor street, or 10 ft. (3 m.) of the property line. 3.6. Each campsite should have an area of at least 2,000 sq. ft. (186 m.)* with an open and graded parking space sufficient to permit a minimum clearance of 15 ft. (4.5 m.) between sides and 10 ft. (3 m.) between ends of adjacent recreation vehicles. 3.7. The density of the campground should not exceed 15 campsites per acre (38 campsites per hectare) of usable campground area. 3.8. All campgrounds should have at least one leisure area which is easily acces- sible from recreation vehicle lots or tenting sites; with a minimum area of at least 8% of the campground area but not less than 2,500 sq. ft. (232 sq. m.). The leisure area should be so located that it is free of traffic hazards. 4. WATER SUPPLY AND DISTRIBUTION: 4.1. The campground shall be supplied with water complying with current Canadian Drinking Water Standards and objectives, and obtained from a public water supply *m denotes meters *sq. m. denotes square meters - 5 - system where available. Where such a system is not available within a reasonable distance from the campground, water from a source approved by the Medical Officer of Health shall be provided. 4.2. Water for distribution by means of a piped system or water obtained from a surface source should be provided treatment in a manner satisfactory to the local health agency in accordance with accepted standards. 4.3. Where water treatment is employed, accurate daily reports on the operation thereof should be made and such records should be open for examination at any time by the inspecting agency. 4.4. The water supply source should be capable of supplying 30 Imperial gallons (136 liters) per campsite per day where there are no individual water and sewer hook-ups, and 100 Imp. gallons (455 liters) per campsite per day for campgrounds with individual sewer and water hook-ups and/or with flush toilets available in service areas. 4.5. The water supply source other than the public water supply system should be protected in such a manner that neither surface nor underground contamination may enter the supply from pit privies, septic tank systems, seepage pits, cesspools, and other potential sources of contamination. 4.6. The water distributing system should be made of materials approved in the Ontario Plumbing Regulation. 4.7. Underground water service pipes and sewer lines should preferably be at least 10 ft, (3 m.) apart horizontally, and separated by undisturbed or compacted earth. 4.8. dater pipes should not be stared in crater or in a place where these could be flooded by water or sewage during the construction process. 4.9. The water distribution system should be disinfected after construction and prior to being placed in service each operating season. 4.10. Waste water from faucets shall empty into a drain connected to the campground sewer or to a sump or other suitable arrangement to prevent accumulation of standing water or creation of muddy conditions. -6- 4.11. If water riser pipes are provided in individual campsites, these should be provided with approved devices to protect against backflow and backsiphonage and should be so installed that these will not be damaged by the parking of recrea- tional vehicles. The outlet of the riser should be so threaded that a screw connection can be made between the outlet and the recreational vehicle water system. The outlet should be plugged or cupped when not in use. Flexible hosing is suggested for connecting the vehicle's storage tank to the riser pipe to faci- litate making the shortest possible connection. If the riser pipe is installed above the ground, it should terminate at least 18 inches (46 cm.)* above the ground surface, but if installed in a pit, it should terminate at least 12 inches (20.5 cm.) above the floor of the pit and the pit should be provided with a drain to prevent accumulation of standing water. The drain should not be connected to the sanitary sewer system. 4.12. Drinking fountains if provided, should be constructed of impervious material and have an angle jet with a nozzle above the overflow rim of the bowl. The nozzle shall be protected with a non -oxidizing splash guard. 4.13. Each campground should be provided with easily accessible water supply outlets or watering stations for filling recreational vehicle water storage tanks. 4.14. The watering station should be provided with a vacuum breaker or an equiva- lent device for ,preventing backsiphonage, a shut-off valve for controlling the rate of flow, and a flexible hose or other appurtenances necessary to reach the inlet of the trailer water storage tank. 4.15. The watering station should be protected from freezing and that a conspicuous sign should be placed at the station indicating what it is, including instructions on how to use the station. 5. SEWAGE: 5.1. SEWAGE DISPOSAL All sewage disposal facilities in travel trailer parking areas must be cons- tructed, installed and maintained in accordance with the provincial Sewage System Regulation. *cm. denotes centimeters - 7 - If possible, the sewerage system of a campground should be connected to a public sewerage system. If public severs are not available within a reasonable distance of the area, adequate disposal facilities must be provided. Where the sewerage system of the travel trailer parking area is not connected to a public sewer, proposed sewage disposal facilities must be approved by the authority having jurisdiction. 'Ih a sewage treatment installation must be located where it will not create a health hazard or odour nuisance to the occupants of the adjacent property. 5.2. SEWERAGE SYSTEMS; Sewerage systems must have adequate capacity and should be economical to construct, operate and maintain. The design of sewerage and sewage treatment facilities for a travel trailer parking area should be based on the maximum number of trailer spaces to be provided and a sewage flow of 100 gallons (455 liters) per space per day for space with individual water and sewer connections or central washroom facilities utilizing flush toilets and showers, and 30 gallons (136 liters) per space where only privies are provided and there are no indivi- dual water and sewer connections. A11 sewer lines should be laid in trenches preferably separated at least lO feet (3 m.) horizontally from any pressurized drinking water supply line. All Joints on the sewer line should be made watertight and every effort should be made to minimize groundwater infiltration into the sewerage system. 5.3. INDIVIDUAL SEWER CONNECTIONS: If sewer connections are provided for individual trailer spaces, the sewer riser pipe should be at least 4 inches (10 cm.) in diameter, be trapped below the ground surface, and be so located on the trailer space that the sewer connec- tion is approximately vertical. The riser pipe should be provided with a wooden bumper guard, concrete collar, or other suitable arrangement to protect it from possible wheel damage. The connection between the trailer and sewer inlet should be watertight and self -draining. 5.4. PLUMBING: All plumbing installed in travel trailer parking space must be constructed, installed and maintained in accordance with the provincial Regulation respecting Plumbing (Ontario Plumbing Code). Specific attention should be given to the problem of cross connection. Any plumbing fixture in a travel trailer parking area which would permit a cross connection or backflow connection to be made, shall not be connected to the potable water system until the defect has been corrected. Where possible, all plumbing should be protected against freezing and sewers should be installed below the recorded frost penetration depth of the area. 5.5. SINK WASTES: Liquid wastes from kitchen sinks which are not connected to the main waste line of the trailer shall not be discharged onto or allowed to accumulate on the ground surface. Where possible, sink wastes should discharge into the sewerage system through individual sewer connections or into the trailer sewage holding tank. Where individual sewer connections are not available at the trailer space or adequate trailer sewage holding tanks are not provided, the sink wastes should be discharged into a suitable container which should then be emptied into a proper sewage disposal facility at the service building or sanitary station. Sink wastes may be discharged into a leaching pit where permitted. However, no other human body wastes shall be discharged into a leaching pit. Approval for a leaching pit installation must be obtained from the authority having jurisdiction. 5.6. TOILETS: 5.6.1.Privies, where permitted, shall be of the vault -type, fly -tight and vermin - proof, and constructed with impervious floors and riser. No privy shall be located within 100 ft. (30 m.) of a camp space or other building used for human occupancy or within 50 ft. (15 m.) of reservoir, stream lake or impoundment or within 100 ft. (30 m.) of a spring or well other than a drilled well with casing to a depth of 25 ft. (7.6 m.) in which case it should not be less than 50 ft. - 9 - (15 m.) from it. Considerations should be given to soil structure topography and. drainage. Generally toilet facilities should not be located uphill from a well. Each toilet should be enclosed in a separate compartment. 5.6.2.Vault type privies should be provided as set out under 'Table I below: Column I Column 2 Column 3 No. of Minimum number "iinimum number Campsites of Privies of washbasins Up to 7 2 2 8 to 13 4 4 14 to 20 6 4 21 to 27 8 4 28 to 34 8 6 35 to 40 10 8 5.6.3.For campgrounds having more than 40 campsites, an additional privy and washbasin for each sex per each additional 10 camp spaces should be provided. 5.6.4.Uashbasins when used in conjunction with privies should be located as close as possible to the privies being served. 5.7. SANITARY STATION 5.7.1.General All campgrounds intending to allow the parking of recreational vehicles having holding tanks should provide at least one sanitary station. Such sanitary station should consist of at least a trapped 4-inch (10 cm.) sewer riser pipe connected to the camp sanitary sewer system, be surrounded at the inlet and by a concrete apron sloped to the dram, and the riser provided with a suitable hinged cover. A water outlet should be included to permit sanitary maintenance of the stations and be marked: THIS WATER FOR FLUSHING AND CLEANING PURPOSES ONLY. The water outlet hose should be reel or tower mounted to assure sanitary storage when not in use. A vacuum breaker should be installed at the highest point on the reel or tower mounting. Sanitary stations should be separated at least 50 ft. (15 m.) from a drilled well or 100 ft. (30 m.) from a dug well or spring, and 50 ft. (15 m.) from a surface watercourse. When a campground is not served by a public sewerage system, each sanitary station should be served by a separate - 10 - septic tank. Sanitary stations should preferably be screened for other activities by visual barriers such as fences, wails or natural growth. 5.7.2.Self-contained Recreational Vehicle Where self-contained recreational vehicles not equipped with a holding tank are allowed camp accommodations and where individual sewer hook-ups are absent, the water and sewage service connections of the vehicle should be sealed by threaded cap or any equivalent device. 5.8.l.Dependent vehicles Campgrounds which provide campsites for dependent recreational vehicles should have a central service building located within a radius of 600 ft. (183 m.) of the spaces to be served. 5.8.2.Fiature Requirements 5.8.2.1. Where a service building is provided or where a combination of privies and flush toilets are provided, the sanitary fixtures required shall be in accordance with the following: No. of Dependent Recreational Toilets Uri- Lavatories Showers Vehicle Parking nals Spaces Men women Men ?Ten women Men Women 1- 15 1 1 1 1 1 1 1 16-45 2 3 1 2 2 2 2 46 - 100 3 5 2 3 3 3 3 5.8.2.2. For campgrounds having more than 100 recreational vehicle space there should be provided: 1 additional toilet and lavatory for men and 2 additional toilet and 1 lavatory fer women, per each additional 30 camp spaces; 1 additional shower for each sex per additional 40 camp spaces; and 2 additional men's urinals per each additional 100 camp spaces or fraction thereof. 5.8.3.5alf-contained Recreational Vehicle Camps Where a campground is designed exclusively for the use of self-contained recreational vehicles, the following minim- emergency sanitary facilities should be provided: for each 100 camp spaces or fraction thereof, there should be one flush toilet and one lavatory for each sex and such other facilities as may be required. 5.9. SOLID WASTE DISPOSAL: Substantial rigid plastic or metal garbage and refuse containers, from which the contents should be removed daily and disposed of in a sanitary manner by the camp operator, should be provided for each camp space, or alternatively a central refuse depository or storage area should be provided, where refuse can be deposited in a sanitary manner. If solid wastes are to be disposed at a dump on the premises, the site and operation should meet current provincial Solid Waste Disposal Regulation or equivalent municipal by-law. r 1 n erne - n � . The recreational vehicle parking area should be kept free of litter, rubbish and other flammable materials. Adequate fire protection should be provided in accordance with the applicable regulations. At least one portable fire extinguisher should be installed in the campground's office or other building on the campgrounds. Any food operation whereby food or drink is served or provided the public with or without charge must meet the requirements of the provincial Food Premises Regulation. E 1 q CirTfAfT1tP nAAt P. No swimming pool shall be installed at a campground without the approval of the Ministry of Health. It must be operated in compliance with the provincial Public Swimming Pools Regulation. 5.13. BATHING BEACHES: Where a bathing, beach is to be provided, it should be free from any condition that might be injurious or dangerous to the health and safety of the 'bathers. 5.14. MANAGEMENT: It is the duty of the operator, to maintain the camp in a clean, orderly and sanitary condition at all times. - 12 - 5.15. RESPONSIBILITIES OF CAlH' OCCUPANT: The camp occupant should: 4 5.15.1. Maintain his camp space in a clean and sanitary manner, 5.15.2. Be responsible for proper placement of his recreational vehicle and proper installation of any utility connections in accordance with the instructions of the camp management, 5.15.3. Prevent pets from running at large or committing nuisances within the limits of any camp space, 5.15.4. Maintain the area surrounding the garbage and refuse containers in a clean and sanitary state, 5.15.5. Drive within the speed limits posted, 5.15.6. Handle and store fuel oil, flammable liquids, petroleum gases and pesticides in compliance With safe standards for materials of this type, and 5.15.7. Comply with the fire protection and safety rules of the camp management. - 13 - GUIDELINES FOR OUTDOOR ASSEMLIES PLANNING REQUIREMENTS (1) No person or organization should hold or operate an outdoor assembly unless a plan and a report specifying the health and safety services and facilities to be provided at the assembly has been submitted to and approved by the local health authority in the area where the assembly is to be located. (2) The plan and report should be submitted to the local Medical Officer of Health at least sixty days prior to the scheduled date of the outdoor assembly and the report should include an estimate of the number of persons that the holder or operator of the assembly expects will attend. (3) The plan should be drawn to scale and clearly indicate access and exit roads, routes on the grounds, the nearest public highways and all areas proposed to be used on the grounds for a medical centre, food distribution centres, waste disposal sites, washroom facilities, potable water outlets and bathing and swimming areas. (4) The land on which an outdoor assembly is to be held should to dry, elevated and well drained. All roads and foot paths should be treated as often as required to prevent dust problems. (g) Every person or organization who holds or operates an outdoor assembly should be responsible for providing health and safety services and facilities as required by the local health authority. - 14 - GENERAL SANITARY RE UIRE!'MS Before issuing its approval the local health authority must be satisfied as to the adequacy of sanitary and fresh water facilities as well as those facilities directly related to medical care and first aid. A, topographical map or detailed plan should have the following clearly marked: (1) Safety and fire hazards. The immediate activity area and adjacent natural attractions, clearly defining possible hazards such as quarries and pits, scrap piles, swamps and streams and potential fire hazards. (2) The areas for location of camp sites. Camping areas should. be located on elevated well drained dry land open to the air and sunshine part of.the day. The cleared land should have a grass covered base to prevent erosion and dust problems. (3) Sources of potable water. Three gallons per person per day of drinking water, which meets the current Canadian Drinking Water Standards and Objectives, should be provided. Additional provision should be made for adequate distribution and for additional wager for flush toilets and fire portection. (4) Food premises location. Food offered for sale should be procured, transported, stored, refrigerated as necessary, prepared and served in accordance with Province of Ontario Legislation and Regulations. (5) Location and maintenance of toilet facilities and waste disposal. These facilities should be located close to a service road, and adequately lighted. They should be maintained and serviced as required on a twenty-four hour a day basis as determined by the local health authority. Consideration should be given to onsite storage or disposal of sewage. - 1.5 - (6) Location for the collection, storage and disposal of garbage. All garbage and refuse should be collected, stored or disposed of in accordance with good Public Health practice and the requirements of the Waste Management Regulations and the local health authority. A temporary on -site storage area should be considered in the face of unusual traffic and congestion. (7) Bathing and swimming areas. These should be monitored by the local health authority and posted if necessary. PLUMBING FIRTUU R$SUIRM=S All plumbing fixtures should be connected to a municipal sewage system where possible. 'Where a municipal sewage system is inaccessible,. disposal of human waste must be carried out to the satisfaction of local health authority. There should be sufficient toilets, washbasins, urinals and showers throughout the assembly area to meet the requirements of the local health authority. A guideline for use is; - 1 toilet or urinal for every 100 men (1/3 of the total must be toilets) - 1 washbasin for every 200 men - 1 toilet for every 100 women - 1 washbasin for every 100 women If the outdoor assembly is planned to extend beyond 24 hours then one shower per 200 persons should be considered by the local health authority. MEDICAL 6 FIRST AID REOUIRIMMS (1) Every outdoor assembly should have an area set aside for use as a medical centre Which meets the Medical Officer of Health's requirements with regard to type of occupation, space, lighting access, signs and staffing pattern. (2) Every outdoor assembly should have ready access to properly licensed ambulance service. (3) A continuous and adequate supply of potable water should be available at the medical centre. (4) The medical centre should have toilet and ablution facilities provided for the patients and staff. (5) The medical centre should be continuously staffed an a twenty- four hour basis by personnel whose qualifications are approved by the Medical Officer of Health. A minimum standard should be one Registered Nurse on duty at all times. The greater the anticipated participation in the outdoor assembly the larger and more qualified should be the medical staff. The Medical Officer of Health should make the final decision on the staffing pattern, r G U I D E L I N E S F O R RECREATIONAL VEHICLE CAMPGROUNDS • 'y. :r,,,w fir'• �e . �. lfy . i 796.79 r5. 060 f" FOUR REGULATORY CONTROLS INTRODUCTION As a result of an amendment introduced to the Planning Act in 1983, recreational vehicle campgrounds can now be regu- lated like any other land use through zoning and site plan control'. Previously, recreational vehicles were not considered struc- tures and such matters as density, height, location, spacing, parking and loading could not be regulated in a Planning Art by -low". Regulations dealing with these matters were some- times included in by-laws under the Municipal Act. Now that the Planning Act makes specific reference to trailers and mobile homes, the planning aspects of campgrounds should be regulated in a Planning Act by -low. Regulation of business and operational aspects of campgrounds should continue to occur by means of a by-law under the Municipal Act. ZONING BY-LAWS A zoning by-law can include regulations dealing with most of the matters discussed under the heading "Campground Development Policies": density, access and parking, separa- tion distances between campsites, minimum frontage and yard requirements, set -backs from water, etc. Specific regu- lations can be made applicable to ancillary uses and recrea- tion facilities. As stated earlier in discussing official plan policy, the zoning control may be either site -specific or it may take the form of regulations applicable to campgrounds which may be permitted throughout one or more zoning categories such as Rural or Highway Commercial. A site -specific campground zoning by -low gives the munic- ipality much greater control over campground locations than general use provisions. It also affords the public an opportuni- ty to be informed of each campground development. On the other hand, it is more administratively onerous than the general use provision, as a rezoning will be required for each application. Section 34W and 40(1) of the Planning Act, 1983 make reference to trailers and mobile homes. However, no mention is mode of tents. Recreationalvehicles are still not considered structures under other legislation such as the Assessment Act, the Building Code Act and the Highway Traffic Act. 19 In view of the real practical differences, in terms of their impact on a municipality, between enroute campgrounds and destination campgrounds, particularly the lease -ownership variety, municipalities may wish to distinguish between these types of campgrounds in their zoning by-laws, in order to control the conversion from one type to another. It is important to note that land use policies and zoning by-laws formulated today cannot be applied retroactively to existing campgrounds. Such policies and by-laws would only apply to new campgrounds and expansions of existing camp- grounds. An existing campground in conflict with a new zoning by-law would become a legal nonconforming use. Its expansion could be permitted by the committee of adjustment or by the council through a rezoning, provided there is no conflict with the official plan. The provisions of a Municipal Act by -low, on the other hand, apply to existing campgrounds as well as to new development. SITE PLAN CONTROL If provision is made in the official plan for site plan control, an area may be designated by by -low as a site plan control area. Within such designated area, the municipality may exercise control over the detailed design of each campground. Design considerations could include landscaping, lighting and floodlighting, the location of parking areas, driveways and walkways, including their surfacing, garbage storage and collection facilities, drainage easements and grading for storm water disposal. Requirements may be included for the continuing maintenance of the above facilities and for snow removal. MUNICIPAL ACT LICENSING BY-LAWS Municipalities have the authority under paragraph 15 of Section 232 of the Municipal Act to pass by -lows for licensing and regulating campgrounds or trailer parks as business establishments. Such licensing by -lows enable municipalities to regulate the ongoing operation or management of all campgrounds, both those pre doting the by -low and newer campgrounds. Through such licensing by -lows, municipalities are able to ensure that proper health and safety standards ore complied with to protect campground users and the local community, Since licences have to be renewed periodically, municipalities have the opportunity to monitor ongoing man- agement practices, In general terms, if a municipality adopted a licensing by. low, no campground, whether existing or proposed, could be operated unless it had first obtained a licence from the municipality. In order to obtain a licence, an applicant would 20 have to apply to the municipality and meet the requirements set down in the by -low. Once the requirements were met, a licence would have to be issued. It should be noted that licensing by-laws apply generally throughout a municipality and cannot be varied on a case -by - case basis. To control specific locations and campground uses, zoning by-laws must be used. A licensing by -low could include various operational re- quirements dealing with such matters as fire safety and water safety equipment, sanitary facilities, garbage collection and storage and emergency contacts, for example. The Municipal Act specifies that a campground licensing by-law may require trailer camps to be divided into lots (i.e. campsites, not registered lots), each to be made ovo fable for the occupancy of one trailer. This provision was enacted at a time when trailers were not considered to be structures for the purpose of zoning and site plan control. It is now possible to control the maximum number of campsites in a campground (i.e. the density) through zoning and site plan control can be used to control the location of each campsite. OTHER REGULATIONS In addition to the regulatory controls developed by the munic- ipality, campgrounds must comply with all other related pro- vincial legislation and regulations, such as the Ontario Build- ing Code, the Tourism Act (Northern Ontario), the Public Health Act the Ontario Water Resources Act, and the Envi- ronmentol Protection Act. (See Appendices A and C), Consul- tation with the local Fire Marshal's office is also advised. 2l FOR INFORMATION These guideles are intended to assist municipalities in their consideration of campground proposals within a sound plan- ning framework. For general information about preparing planning documents for campgrounds, municipalities should contact the local office of the Community Planning Advisory Branch. Offices are located at: Ministry of Municipal Affairs and Housing Community Planning Advisory Branch Central Region 2nd Floor, 47 Sheppard Avenue East Willowdole, Ontario M2N 5X5 (416:224-7635), Zenith 5-2650 Ministry of Municipal Affairs and Housing Community Planning Advisory Branch North West Region 435 James Street South Thunder Bay, Ontario P7C 4T3 (807:475-1651), Zenith 5-2650 Ministry of Municipal Affairs and Housing Community Planning Advisory Branch South East Region 3rd Floor, 244 Rideau Street Ottawa, Ontario K 1 N 5Y3 (613:566-3801), Zenith 5-2650 Ministry of Municipal Affairs and Housing Community Planning Advisory Branch North Eost Region 1191 Lansing Avenue Sudbury, Ontario P3A 4C4 (705:560-0120), Toll free 1-800-461-1193 Ministry of Municipal Affairs and Housing Community Planning Advisory Branch South. West Region 7th Floor, 495 Richmond Street London, Ontario 196A 5A9 (519:673-1611), Toll free 1-800-265-4736 For specific information on the submission of a planning document for approval, municipalities could contact the ap- propriate delegated authority or the; 23 Ministry of Municipal Affairs and Housing Plans Administration Branch 14th Floor 777 Bay Street Toronto, Ontario M5G 2E5 (416:585-6014) For information on licensing by-laws, municipalities could contact the: Ministry of Municipal Affairs and Housing Functions Policy Section Local Government Organization Branch 1 1 th Floor 777 Bay Street Toronto, Ontario M5G 2E5 (416:585.7260) 24 A P P E N D I C E S APPENDIX A: RELATED LEGISLATION 11. The Municipal Act (Ministry of Municipal Affairs and Housing) Three sections of the MunicipalActare pertinent to trailers, mobile homes or campgrounds: Section 110: general authority for licence fees. Section 210: paro. 95: licence fees for mobile homes. Section 232, pora. 15. licensing and regulating trailer camps. i) General Authority for Licence Fees Section 110of the Act gives a municipality the general power to charge licence fees for any category of business or trade. This section provides the legislative basis for charging business licensing fees for recreational vehicle campgrounds. However, it does not permit a municipality to charge a per lot licensing fee, nor does it allow fees to be varied for different comp - grounds within the municipality. No maximum fee is prescribed but court decisions have ruled that fees cannot be prohibitive. ii) Licence Fees for Mobile Homes Section 210, paragraph 95provides for fees to be charged for mobile homes outside a campground, which have not been assessed. iii) Licensing and Regulating Trailer Camps Section 232, paragraph 75 of the Municipal Act, RSO 1980, authorizes the adoption of by-laws to regulate and licence campgrounds and to require that campgrounds be divided into lots, each to be mode available for the occupancy of one trailer. At one time, this section specifically provided for the designo- tion o(oreas of land to be used as trailer camps, tourist camps and motels and for the prohibition of the use of other land for such purposes. This part of the enabling legislation was repealed, January 1', 1979, but the phrase "among other things", which remains in subsection W of paragraph 15 has been used by municipalities to authorize the continuation of regulations per- taining to a number of other compground-r elated matters con- sidered importont. The earlier version of paragraph 15 also contained the following as subsection W W: require trailer camps to be divided into lots having such minimum area as the by-law prescribe. The reference to minimum area was deleted in January, 1979 and the current reference to division into lots should be under- stood to be simply for identification of each lot licensed for the occupancy of a troller. The current text of Section 232, paragraph 15, is as follows: s 232. By -'lows moy be passed... 15. For Licensing, regulating, and governing tourist camps, 25 A P P E N D I C E S APPENDIX A. RELATED LEGISLATION 1. The Municipal Act (Ministry of Municipal Affairs and Housing) Three sections of the Municipal Act are pertinent to trailers, mobile homes or campgrounds: Section 110: general authority for licence fees. Section 210: pora. 95: licence fees for mobile homes. Section 232. Para. 15: licensing and regulating trailer camps. 0 General Authority for Licence Fees Section 110of the Act gives a municipality the general power to charge licence fees for any category of business or trade. This section provides the legislative basis for charging business licensing fees for recreational vehicle campgrounds. However, it does not permit a municipality to charge a per lot licensing fee, nor does it allow fees to be varied for different camp- grounds within the municipality. No maximum fee is prescribed but court decisions hove ruled that fees cannot be prohibitive. ii) Licence Fees for Mobile Homes Section 210, paragraph 95provides for fees to be charged for mobile homes outside a campground, which have not been assessed. iii) Licensing and Regulating Trailer Camps Section 232, parograph 15 of the Municipal Act, RSO 1980, authorizes the adoption of by-laws to regulate and licence campgrounds and to require that campgrounds be divided into lots, each to be mode available for the occupancy of one trailer. At one time, this section specifically provided for the designa- tion of areas of land to be used as trailer camps, tourist camps and motels and for the prohibition of the use of other land for such purposes. Thispart of the enabling legislation was repealed, January 1, 1979, but the phrase "among other things", which remains in subsection (b) of paragraph 15 has been used by municipalities to authorize the continuation of regulations per- taining to a number of other campground -related matters con- sidered importont. The earlier version of paragraph 15 also contained the following as subsection (b) (i): (i) require trailer camps to be divided into lots having such minimum area as the by-law prescribe. The reference to minimum oreQ was deleted in January, 1979 and the current reference to division into lots should be under- stood to be simply for identification of each lot licensed for the occupancy of a trailer. The current text of Section 232, po. ogroph 15, is as follows: 232. By-laws may be passed... 15. For Licensing, regulating, and governing tourist camps, 25 2(5), requires that servicing connections be certified C.S. A. or meet house plumbing standards. 3. The Tourism Act (Ministry of Tourism and Recreation). The only campgrounds now licensed under the Tourism Act are those located in Northern Ontario, which is defined as follows: those ports of Ontario comprised of the territorial districts of Algoma, Cochrane, Kenoro, Manitoulin, Parry Sound, Rainy River, Sudbury, Thunder Bay. Timiskaming and those portions of the Territorial District of Nipissing lying to the north or west of Algonquin Park.` Although the standards in the regulation only apply to Northern Ontario, they may also provide some guidance to municipalities in Southern Ontario formulating by -low regulations. The standards are as follows:" 30. (1) Subject to subsection 3, where flush toilets, urinals and washbasins are to be used by guests in common at a camping establishment and the number of campsites, not including camp- sites equipped with individual sewer hook-ups, is in a group itemized in Column 1 of Table 1, the operator of the camping establishment shall provide, ['I TAKE CCMLPw 1 Cotumm 2 Car,. 3 M065 F.motrs Part t Pan 2 Parr 3 Part t_ Port 2 Numbw Number Numsbw Number NLwA6w of of Number of of t— of Wash- Fknh of Wash- Flush sober Con4miW botiea Toa0h Urinah Eosins Toilers 1 10- 15 1 2 16. 45 2 2 1 2 3 3 46.100 3 3 2 3 5 4 101.130 4 4 3 4 7 5 131.160 5 5 1 4 5 9 6 161-190 6 6 4 6 11 7 191.220 7 7 5 7 13 13 221-250 a 8 5 B 15 I 9 251.280 9 9 6 9 17 ' Ontario' Regulation 936S. I Mpl under the Tourism Act, R.R.O. 1980 Ibid, S. 9 27 (a) for male guests, at least the number of, 0 washbasins set opposite thereto in Port 1 of Column 2, ii) flush toilets set opposite thereto in Part 2 of Column 2, and iii) urinals set opposite thereto in Part 3 of Column 2, and (b) for femole guests, at least the number of, i) washbasins set opposite thereto in Part 1 of Column 3, and ii) flush toilets set opposite thereto in Part 2 of Column 3. (2) Where any of the campsites mode available in a camping establishment are serviced with individual sewer hook-ups, the operator shall provide, in addition to the requirements set out in subsection 1, of least one washbasin and one Flush toilet or privy for each sex for each 100 campsites or a ,part thereof so serviced. (3) Where, because of the absence of a water -pressure system, the operator of a camping establishment is unable to comply with subsection 1, he shall provide one privy for each sex for every seven campsites- (4) Each campsite shall have on area of at least 186 square metres with an open and graded parking space sufficient to permit a minimum clearance of 4.5 metres between sides and three metres between ends of adjacent recreation vehicles- (5) Campsites shall be accessible by means of a driveway, a) at least three metres wide, where the driveway is for one-way traffic; b) at least six metres wide, where the driveway is for two-way traffic, and c) so constructed that automobiles and trailers will not be- come mired. (6) The operation of a camping establishment shall provide, o) dine table for each campsite; and b) one garbage can for each campsite or on equivalent central garbage disposal area- (7) The operator of a camping establishment shall not allow the camping establishment to consist, at any time, of more camp- sites than in the proportion of thirty-eight campsites for each hectare of land at that time suitable for accommodation of tents and trailers. A. The Public Health Act (Ministry of Health) This Act enables the establishment of local Health Units and Medical Officers of Health (M.D.H.). The M.D.H. is responsible far all public health aspects of any business operation in the area. The M.D.H. staff would inspect campgrounds (like other uses) to ensure proper treatment and provision of drinking water, proper disposal of wastes, and proper preparation of food. These matters ore dealt with in the Food Premises Regulation and Schedule B of the Public Health Act. The M.O.H- and health 28 inspectors also have detailed guidelines ,for all recreational areas from the Public Health Branch of the Ministry of Health. These guidelines assist in their inspections and advise on the development of new campgrounds. 5. The Ontario Water Resources Act RSO 1980 (Ministry of the Environment) Section 7 requires a permit to take water in excess of 50,000 litres per day. Section 23 requires approval for the establishment, extension of, or change in any water works, supplying water (i) to six or more private residences or (ii) in excess of 50,000 litres per day. For practical purposes, a recreational -vehicle or tent site is interpreted as a residence. Smaller works do not require approv- ol, but Ministry of the Environment staff can provide advice on all the Ministry's areas of concern when consulted at an early conceptual stage, Section 24 requires approval for the establishment, extension of, or change in any sewage works and effluent discharge location. This requirement does not apply to sewage works: (i) with no discharge; (ii) providing partial treatment and discharging to a sanitary sewer; or (iii) serving five or fewer residences. Approval is also required for the disposal of sewage on land, e.g., using spray irrigation. Again, for practical purposes, a recreational -vehicle or tent site is interpreted as a residence. "Sewage" includes storm drainage. 6. The fnvironmentol Protection Act RSO 7980(Ministry of the Environment) Part VII of the Act together with Ontario Regulation 374/81 covers all sewage systems, except those covered by Sec. 24, of the Oratorio Water Resources Act. Of the nine classes of systems, the most relevant area: Class 1-0 recirculating toilet, a self-contained, portable toilet, and all forms of privy including an earth privy, a pail Privy, a privy vault and a composting toilet system; Class 2—o leaching pit for waste grey water disposal; Class 3—a cesspool; Class 4—o septic tank system; Class 5—a sewage system which requires or uses a holding tank for the storage or retention of hauled sewage at the site where it is produced prior to its collection by Class 7 sewage system; Class G—a sewage system in which sewage is treated in a proprie- tary aerobic sewage treatment plant; Class 7—o hauled sewage system. All dosses except Class 1 require approval. There ore design criteria for Class I systems that should be followed. Although the Ministry of the Environment is responsible for Port 29 sion or alteration of a waste management system or a waste disposal site, Part ll, Section 8, requires approval far emissions to the natural environment other than water. This requirement covers such things as exhaust fans and chimneys. Part XIll, Section 137, enables municipalities to adopt noise by- laws that can regulate both campgrounds and surrounding uses. APPENDIX B: DEFINITIONS AND TYPES OF RECREATIONAL VEHICLES 1. Definitions Recreational Vehicle Campground means a parcel of land under single ownership which is designed, developed,- maintained or intended to provide accommodation, on a temporary or seasonal basis, for recreational vehicles and/or teats plus accompanying towing or carrying vehicles. It may also include accessory uses such as an administration office, clubhouse, snack bar, laundry, conve- nience and souvenir shop, swimming pool, washrooms, showers, manager's dwelling, and recreational facilities- Recreorionol Vehicle (R.V.) means a portable structure intended as temporary accommodation for travel, vacation, or recreational use. Such structures include motor homes, fold -down camping trailers, truck campers, and travel trailers. Fent means a collapsible shelter of canvas or other fabric stretched and sustained by poles that is used for camping outdoors. Molorhame means a self-propelled vehicle that includes as an integral part a temporary dwelling for travel, vacation or recreo- tion. -#fir tF r.m. Figure 1: Molorhame KT PLANNING FOR MOBILE HOMES: Guideline Prepared by Operations Review Section Operations Control Branch Ontario Ministry of Municipal Affairs and Housing Hon, Claude F. Bennett, Minister Richard Dillon, Deputy Minister G.M. Farrow, Executive Director Plans Administration Division Additional copies available from, Ontario Government 'Bookstore 8W Bay Street Toronto, Ontario M7A 1Y7 Price. $2.00 payable in advance to the Treasurer of Ontario TABLE OF CONTENTS INTRO❑UCTION PAGE 1.0 BACKGROUND AND PURPOSE 1 2.0 THE OFFICIAL PLAN 2 2.1 Why Mobile Home Policies Are Needed 2 2.2 Background Information and Analysis 3 2.3 Defining Gals and Objectives 4 2.4 Formulation of Policies 5 3.0 POLICY CONSIDERATIONS 5 3.1 Financial Implications 5 3.2 Locational Criteria 7 3.3 servicing Requirements 9 3.4 site Planning Criteria 10 3.5 Implementation 12 4.0 DEVEIDPM Nr CON ML 13 4.1 Zoning By-law 13 4.2 Site Plan Control By-law and Site Plan Agreement 15 5.0 ADDITIONAL INFORMATION 17 INTRODUCTION The information in this publication is subject to change. For exact reference see the current legisla- tion. Consult your solicitor on any legal questions. APPENDICES PAGE Appendix A - Definitions 20 Appendix 8 - Facts You Should Kww About Mobile Homes 23 Appendix C - Section 35c of The Nanning Act 32 B I BL I DGitAPHY 38 0 -1- 1.0 BACKGROUND AND PURPOSE Over the years, perceptions of mobile homes have been changing. The Ministry of Municipal Affairs and Housing recognizes this change. It has taken the position that mobile homes should be treated like other forms of conventional housing. Municipalities have, and can, participate in this changing percep- tion. Through its planning controls, a municipality can promote the acceptance of mobile homes as a legitimate form of housing. Mobile homes, like all forms of development, require public facilities and services. They need adequate roads, waste disposal systems, water supplies and services such as schools, parks and shopping. Mobile home developments need to be planned in the same manner as other forms of housing, and local official plans and zoning by-laws should contain provisions which regulate their location and site planning. This guideline is intended to assist municipalities in preparing official plan policies and zoning by-law provisions to regulate mobile home developments. It suggests general criteria and policy considerations which should be evaluated and adapted to suit the needs of the individual municipality. The information presented relates to mobile homes, and not to modular or prefabricated housing or to travel trailers. It applies primarily to mobile home developments, although sections may also be useful in planning for mobile homes on individual lots-1 1. See Appendix A for'definitions of certain technical terms used in this guideline. - 2 - 2.0 THE OFFICIAL PLAN 2.1 'Why Mobile Home Policies Are Needed The lack of available land for mobile homes is one of the main impediments to their development. Because mobile homes are often associated with the 'travel trailer' image of the past, many munici- palites have been reluctant to permit their establishment and they have been relegated to areas considered unsuitable for conventional forms of residential development. In cases where developments are not well designed and do not offer adequate services and facilities, the cause is frequently the absence of planning controls and/or in- adequate development standards. Properly planned and managed, mobile home developments can pro- vide aesthetic living environments. They can contribute signifi- cantly to the total housing stock of a municipality. Modern mobile homes are increasingly accepted as a legitimate form of housing. Here are some reasons: r Mobile homes are fully equipped, permanent occupancy dwellings containing the same basic features, and are subject to the same construction standards as site built homes. They can be similiar in layout and living area to a small bungalow. G Mobile homes are factory produced and transported to the site for permanent or semi -permanent installation. Mass production and low labour input result in relatively lore unit cost and mobile homes are less expensive to maintain than conventional homes. If they are located in mobile home parks, land is not included in tW selling price because the home owner rents his site, which reduces the initial cost of ownership. _3_ • Mobile home communities provide the consumer with an alternate choice of housing and living environment. i • Mobile homes can be made available quickly to help alleviate housing shortages. Also, when a couple with grown children move into a mobile home development, a larger conventional home is often released for younger families. 2.2 Background Information and Analysis The preparation of policies governing mobile homes should be aimed at suiting the community`s needs. No standard approach can be applied to every municipality. Policies must reflect the demand for mobile homes, the physical, social and economic conditions of the community, and financial capability of the municipality. In deciding what is best for the community, council should: • examine the existing inventory of dwelling units in the munic- ipality and in the adjacent communities, noting location, size, function, facilities, forms of tenure, and any problems which may exist. • understand the ,physical, social and economic impact of mobile home developments, including revenues and expenditures. • identify the demand for mobile homes including the need for various types of developments. • engage the public in an ongoing citizen participation program. • consul[ with advisory staff from the Ministry of Municipal Affairs and Housing. Where official plan approval authority has been delegated, you may wish to consult with the delegated approval authority. -4- 2.3 defining Goals and Objectives Goals and objectives are important because they establish a framework for public decision -making. The background information collected and the municipality's public participation program will provide the information on which to base these goals and objec- tives. Goals in an official ,plan are usually broad, general state- ments of intent. For example, if the establishment of mobile home developments is conside*ed desirable, a goal might be: "to recognize mobile homes as an alternative form of housing to meet the needs of residents of the community." Objectives are more specific statements which provide a measurable indication of progress in achieving a goal, for example: .*in establishing mobile home developments, council will attempt to integrate then with existing residential areas through the creation of pedestrian linkages, and the continu- ation of the existing street pattern into mobile home sub- divisions." Goals and objectives provide a background for the development of planning policies. They provide guidance on the scope and purpose of a municipality`s planning program and its policies. 0. -5- 2.4 Formulation of Policies The official plan policies should be specific statements aimed at achieving the goals and objectives. They should be defined as precisely as possible so that development applications can be assessed against clearly stated criteria. Council may wish to prepare general policies to apply to mobile homes as a whole, and specific policies to apply to special situations. Official plan policies should also provide direction to zoning stand- ards and requirements. Many of the criteria stated in the official plan will be implemented in a zoning by-law under section 35 of The Planning Act and, where applicable, a site plan agreement under sec- tion 35a of the Act. Policies should clearly state council's intent, but should not be so rigid that innovation and creativity of design are hampered. The level of detail desirable is a decision council will have to make. Policies, where possible, should be flexible enough to prevent minor amendments to the official plan. The follow- ing section outlines several matters for policy consideration. 3.0 POLICY CONSIDERATIONS 3.1 Financial Implications As with all forms of development, the financial impact that mobile home development will have on a municipality should be fully understood in developing official plan policies and assessing new development applications. Policies should be developed which: - 6 - s specify how the financial impact of a development will be assessed. The municipality should be able to weigh the bene- fits which will be derived, including assessment revenue, em- ployment opportunities, and anticipated spending patterns of the residents, against expenses incurred by the municipality in providing services to the development. • specify which of the various tenure arrangements will be per- mitted, as they affect the provision of services. For exam - pie, with mobile home parks, the park operator can offer a wide range of services and very little cost will be borne by k the municipality. In order for the park concept to be suc- cessful, however, it is necessary that it contain a sufficient number of units to derive enough rental income to cover the cost of these services. 9 specify the level of information that will be required by a municipality in assessing any new development. This should include information to be provided at the expense of the developer. It is important that mobile home.developments be well planned in advance of their availability for use. +! specify that municipal representatives study the significance of adopting urban development standards which would enable mobile home developments to be an economically viable form of housing and be compatible with other forms of housing. 6 -1- 3.2 Locational Criteria Sites chosen for mobile home developments should take into account both the needs of the occupants and the effect they will have on existing land uses. Although the concept of the project and the anticipated social characteristics of the residents may have some bearing on location, they should generally be subject to the same locational requirements as conventional housing built at comparable densities within a municipality. If mobile homes are permitted to locate in areas considered undesirable for conventional housing, the chances are much greater that the resulting development will be unat- tractive and will ultimately evolve into a liability for the munici- pality. If, on the other hand, the same locational criteria are applied to both conventional housing and mobile homes, the result will be communities to be proud of. Locational policies should: • require mobile home developments to locate within existing communities in areas designated or intended for residential use, or in separate residential districts adjacent to existing communities., • require that mobile home developments be located in areas that are within walking distance of schools or can be serviced by existing school bus routes. The potential increase in school costs and demand on school facilities and transportation should be taken into consideration when evaluating a site. • require that mobile home developments have direct access to an open public road which is maintained year round. The devel- opment should have two access points, possibly one entrance and one exit. - 8 - • encourage mobile home developments to locate within easy ac- cess of employment opportunities, shops and community facili- ties normally required for residential neighbourhoods. Con- venience shopping and other services necessary to accommodate the needs of the residents may be included within the mobile home development land use designation. s prohibit sites from locating where they would cause urban development along a major thoroughfare. s prohibit developments from locating in close promixity to con- flicting or noxious land uses which could be a disturbance or , annoyance to the residents. Such conflicting uses include commercial and industrial development, extractive industries, livestock operationsl, highways2, railways, and airports3. r prohibit developments from locating in areas which have good agricultural potential. e.g., which fall within classes i - 4 of the Canada Land Inventory, or in other areas of special or unique agricultural soils4. 1. Where mobile home developments are located near intensive livestock operations, the standards of The Agricultural Code of Practice, Ministry of Agriculture and Food, January 191b, Should a considered. 2. Refer to Guidelines on Noise and New Residential Developments Adjacent to Freeways, Ministry of Rousing, April 1979. 3. Provincial policy prohibits the location of residential development above the 30 noise exposure forecast (NEF) unless Canada Mortgage and Housing Corporation accoustical treatment criteria can be met. For further information refer to Land Use Policy Near Airports Ministry of Housing, March 1978. 4. Refer to Foodland Guidelines: A Policy Statement of the Government of Ontario on Planning for Tgriculture, Ministry of Agriculture and Food, e ruary . - 9 - 3.3 Servicing. Requirements Water supply, sewage disposal systems and solid waste collection may be the responsibility of either the owner of a mobile home, park, or in the case of a mobile home subdivision, the municipality. All water and sewage systems require government approval. Depending on the type, size and nature of the system, approval must be obtained either from the Ministry of the Environment or the local Medical Officer of Health. Official plan policies should ensure that: a an accessible, adequate, safe and potable water supply is pro- vided to every mobile home in a development. It is Ministry of the Environment ,policy that, where a public supply of water of satisfactory quantity, quality and pressure is available at the site or at the boundary of the site, connection will be made to it and its supply used exclusively. When a satis- factory public water supply is not available, an approved pri- vate water supply system may be developed and operated. Res- ponsibility for guaranteeing the systems operation should be established in a written agreement between the municipality and the ownerl. a adequate water is provided for fire protection. This may be incorporated as part of the domestic water supply or through the provision of a separate system used specifically for fire protection. The two supplies must not be inter -connected unless both are of satisfactory quality and are safe for drinking. 1. If assistance or information is required in drafting an agreement, consult your local Ministry of the Environment field office. - 10 - a adequate and safe sewage disposal is provided in all mobile home developments for conveying and disposing of sewage. Wherever feasible, a connection should be made to a public system. where a satisfactory public sewage system is not available, an approved private sewage system may be developed and operated. Responsibility for guaranteeing the systems operation should be established in a written agreement between ' the municipality and the ownerl. s there are adequate policies to deal with solid waste collec- tion and disposal. The collection of garbage should be handled in the same manner as in conventional subdivisions. 3.4 Site Planning Criteria The offical plan should state council's policies regarding amenities, design and other site planning matters, but the actual requirements will be contained in the zoning by-law or the site plan agreement. Some of the matters council may consider establishing criteria for are: a permitting or restricting various models of units or types of developments. For example, council may feel that single-wides do not blend well with conventional housing, and may permit only double-wides. 1. If assistance or information is required in drafting an agreement, consult your local Ministry of the Environment field office. e • protection of natural features. Every attempt should be made to protect natural site features and vegetation. Where necessary, additional plantings and landscaping should be encouraged. Buffering in the form of fencing, natural growth and/or a buffer area may be required between the mobile home development and adjacent land uses. Designs to take advantage of natural buffering (e.g. a river, park, change in topography) should be encouraged. • parkland requirements. Where the land is subdivided, the 5% parkland dedication under section 33(5) of The Planning Act will apply. 1n mobile home parks, 'the amount and type of rec- reational space required will depend on the characteristics and anticipated needs of the residents. Because mobile horse parks are generally higher in density with narrower streets and smaller lots than conventional developments, adequate open space is even more important. Unless the development is a re- tirement community, equipped playground areas should be ensured. Where the land is not being subdivided, the munici- pality should require that a minimum of 5% of the development be set aside far park purposes and should adopt policies for the disposition of the lands and their maintenance. • municipal requirements for parking. Council should establish policies for the provision of on -site parking based on the type and density of development. 4 - 12 - • street furniture. Policies should be established which specify the subdividers' or mobile home park operators' responsibilities for the provision of benches, waste receptacles, identification of streets, sidewalks and street lighting.. specifications for roads and street pattern. At least two access points to a maintained public road should be pro- vided. Width of streets will vary depending on park type and design, but should be wide enough to provide two-way vehicular movement. 3.5 Implementation The official plan should state how council intends to implement its policies. The plan should specify: * under what conditions mobile homes will be permitted. Will a separate mobile home designation be required or will mobile homes be permitted in other residential designations? s how zoning to cover mobile homes will be instituted. e.g., will a separate zoning category be set up? a when a zoning by-law amendment will be required. e.g., mobile homes may be allowed in areas for residential use, subject to a zoning by-law amendment. • if section 35a and a site plan agreement will be employed. s whether the municipality or the mobile home park operator will be responsible for maintenance of public facilities. If the operator is responsible what maintenance standards will be required and how will council enforce them? - 13 - d.© DEVELOPMENT CONTROL 4.1 zoning Sy -Law A zoning by-law passed under section 35 of The planning Act gives a municipality the power to regulate the use of land, buildings or structures in a manner consistent with the policies of the offi- cial plan. The format of by-laws varies. The requirements for mobile home developments contained in the comprehensive by-law (or amendment) may apply to subsequent development, or site specific by- laws may he required. A separate mobile home category is recommended to address the various issues posed by different types and densities of development. The zoning by-law should: • define the area to which the by-law applies. state the uses permitted in the mobile home zone. Some examples are: residential uses types of units (single -wider, double-wides, expendables) dwelling unit for full time employee non-residential uses community facilities convenience stores laundromat a mobile home park rental and management office recreation facilities accessory non-residential uses - 14 - • define all permitted uses and any other terms which could be subject to interpretation. • prescribe minimum standards for such things as lot/'site size, density, setbacks, lot coverage, unit floor area. For mobile home parks two sets of standards may be developed - one for the park as a whole, and the other for the individual sites. • specify the size of a development. The scale of mobile home developments should be in keeping with the surrounding area and should be compatible with the size of the facilities in the municipality in which they are located. Although it is desirable for mobile home developments to be large enough to create a sense of community, they should not be physically, socially or economically detrimental to the municipality. The by-law should also specify the size and location of non- residential uses. • specify parking requirements. Adequate off-street parking areas should be ensured for both residents and visitors. • define storage requirements and restrictions applying to other ancillary uses. As most mobile homes do' not have basements, developments should be designed to allow for the accommodation of attached and/or ancillary storage structures or for c mmer- cial storage. No outside storage should be permitted. • set specifications for display wits. if nDbile home sales or model units are to be a part of the project, they should be designed in a way that will not interfere with the residential component of tine development. All model units should be located in cne area, and the sales activity should be buffered from living areas. 14 _ 15 - 4.2 Site Plan Control By -Law and Site Plan Aqreement A municipality with an approved official plan in effect can also use section 35a of The Planning Act to supplement the controls imposed under section 35. Under section 35a council can adopt a by- law designating a specified area or land use designation to be sub- ject to site plan controll. Prior to the development of any area or land use designation subject to site plan control, council must approve either one or both of the following: • plans showing the location of all buildings and structures to be created, and the location of facilities and works. • drawings showing plan, elevation and cross section views for any commercial building in the development. Section 35a also permits a municipality to enter into a site plan agreement with the developer, which may be registered on title and applied to any subsequent land owners. The site plan agreement may deal with any of the items covered in the site plan control by-law. These items are,identified in section 35a(6) of The Planning Act, 1. Where the planning area includes townships without municipal organiza- tion, council cannot apply site plan control to the unorganized part of the planning area. - 16 - The site plan agreement can require the developer to provide to the satisfaction of, and at no expense to the municipality: r widenings of highways that abut on the land. s facilities to provide access to and from the land such as access ramps, curbings, and traffic direction signs. • off-street vehicular loading and parking facilities, access driveways (including driveways for emergency vehicles), and the surfacing of these areas and driveways. • walkways (including their surfacing) and any other means of pedestrian access. * facilities for lighting the land, buildings or structures. a facilities for landscaping the land or for the protection of adjoining lands (including walls, fences, hedges, trees, shrubs or other groundcover). a easements conveyed to the municipality for the construction, maintenance or improvements of watercourses, ditches, land drainage, works and sanitary sewage facilities on the land. While section 35a can provide additional controls over and above sec- tion 35, it may not always be necessary or appropriate. Municipali- ties should consider the administrative costs in preparing the by- laws, receiving plans, and drafting and implementing a site plan agreement. It may be necessary to only use section 35a when there is a particular problem they are concerned with (e.g. drainage) which can be dealt with under the legislation. I C - 17 - For further information on site plan control and site plan agree- ments, see the Ministry of Housing's publication Site Plan Control: a An Explanation of Section 35a of The Planning Act. 5.0 ADDITIONAL INFORMATION If more detailed information on the preparation of mobile home policies or regulations is needed please contact: The Community Planning Advisory Branch Central Region 2nd Floor 47 Sheppard Avenue East Willowdale (Toronto) M2N 2Z8 Telephone: Zenith 52650 (416) 224-7635 South East Region 3rd Floor 244 Rideau Street Ottawa KIN 5Y3 Telephone: Zenith 52650 (613) 566-3801 South West Region 7th Floor 495 Richmond Street London M6A 5A9 Telephone: 1-800-265-4736 (Toll Free) (519) 673-1611 North West Region 453 James Street South Thunder Bay P7C 566 Telephone: Zenith 5-2650 (807) 475-1651 0 - 18 North East Region 1191 Lansing Avenue Sudbury P3A 4C4 Telephone: 1-800-461-1193 (Toll Free) (705) 560-0120 You may also contact directly: 1) for information on Operations Review Section zoning by-laws, site Plans Administration Division plan control by-laws 7th Floor and official plans 56 Wellesley Street West Toronto M2K 1A7 Telephone: (416) 965-6418 Community Planning Review Branch Plans Administration 'Division 7th Floor 56 Wellesley Street West Toronto M2K lA7 Telephone: (416) 965-6416 - 19 - 2) for design and Local Planning Policy Branch site planning matters 3rd Floor 56 Wellesley Street West Toronto M2K 1A1 Telephone; (416) 965-5890 — z® — APPENDICES Appendix A - Definitions Other than the definition of mobile home in The Planning Act, there is no uniform set of definitions covering mobile home developments. The following definitions explain the use of certain terms in this guideline. Mobile home means any dwelling that is designed to he made mobile, and construSted or manufactured to provide a permanent residence for one or more persons, but does not include a travel trailer or tent trailer otherwise designed. Mobile Home, single -wide means a mobile home unit designed to be towed in a single load. Mobile home double -wide means a mobile home consisting of two sections, separately towable, but designed to be joined together into one integral unit. Mobile home, expandable means a single wide mobile home incorporating parts which may be folded, collapsed or telescoped during transportation and extended to provide additional space at the mobile home site. e R - 21 - Mobile home development means both mobile home parks and mobile home subdivisions. s Mobile home lot means a parcel of land (a) described in a deed or other document legally capable of conveying land, or (b) shown as a lot or block on a registered plan of subdivision and which is intended for the placement of a mobile home. Mobile home park means a parcel of land under single ownership and management which has been planned and improved for the placement of mobile homes. Residents may own their mobile home but rent the site on which it is located. Ownership and responsibility for the maintenance of internal roads, underground services, conrnercial areas and buildings, together with general park management including snow clearance and garbage collection, usually rests with the owner. A mobile home park differs from a mobile home subdivision in that no individual lots have been created through the registered plan of subdivision process. Mobile home site means an area of land within a mobile home park that is intended to be occupied by one mobile home. - 23 - Appendix B - Facts You Should Know About Mobile Homes There are some basic facts pertaining to mobile home developments with which a municipal council should be familiar. To supplement this information, you may wish to consult some of the additional sources listed in the bibliography. 1.0 FORMS OF TENURE 1.1 Mobile Home Parks A mobile home park consists of one parcel of land which is under single ownership and has not been subdivided under The Planning Act, Individual sites are rented or leased to the mobile homeowner. The park owner normally retains title to all land within the park's boundaries, including roads, recreation areas and commercial facilities. He is generally responsible for the installation and maintenance of water and sewage facilities, the maintenance of roads, snow removal, garbage collection and general park upkeep. Some important points to remember about mobile hove parks: a a number of services and utilities are provided and main- tained by the park owner, therefore costing the municipality less than other housing developments. a a mobile home park will only be as good as its mangage- ment. Sound management will ensure a pleasant community which meets the housing needs of its occupants. -24- • housing costs can be kept down because of reduced development standards (e.g. narrower roads and smaller lots) and because the land is not included in the cost of the dwelling. While site rental is a part of the housing cost, initial expenses incurred by the mobile homeowner will be considerably lower than for conventional housing. • the mobile home park must be large enough to have sufficient rental :iicome to cover the maintenance operation and managment of the facilities in the park. 1.2Mobile Home Subdivisions In a mobile home subdivision, the land is subdivided under section 33 of The Planning Act in the same manner as a conventional subdivision. Lots are sold to the individual mobile home owner. Roads, services and utili- ties are owned and maintained by the municipality. Some important points to remember about mobile home subdivisions:. • the ownership of land contributes to a feeling of perman- ence and security for the residents. r standards for services, roads and utilities are the same as for conventional subdivisions, and mobile home developments are therefore more easily integrated with areas of conventional housing. • since the municipality assumes ownership of roads and utilities, maintenance is assured. -25- e development costs may not be less than for conventional housing. a 1.3 Co-operative Ownership Co-operative ownership of land for mobile homes involves setting -up a co-operative company under The Corporations Act. Individuals do not receive title to their land, but instead own a share in the mobile home development. Some important points to remember about co-operative ownership: 9 management responsibility is transferred to the owners. • services and facilities are operated and maintained by the owners. Usually this means reduced costs for the municipality. 2.0 TYPES OF COMMUNITIES In Ontario, mobile home developments generally fall with- in one of three categories. Many of the requirements that the municipality will want will be contingent on the type of development being planned. 2,1 Family or General Occupancy Developments Family developments are generally characterized by younger, smaller families whose income is not high enough t to compete in the conventional housing market. Owners find that mobile homes provide many of the features of conventional homes and yet can be purchased at a lower price. - 26 - 2.2. Retirement Communities Senior citizens often are attracted to the lifestyle offered in retirement communities. As home owners who have built up significant equity over the years, they may seek a smaller housing unit without giving up the privacy and independence of a single dwelling. Maintenance is easy and inexpensive, and residents still have the advan- tage of a yard and garden. Further appeal derives from community and recreational facilities which allow retired folks to share social activities with others their own age. 2.3 Short Term Developments There are situations where mobile homes are used to pro- vide housing on a short term basis. Often, developments are established in conjunction with resource industries, construction sites or military bases. Mobile homes have also provided instant shelter in emergency situations where communities have been destroyed by natural causes. 3.0 DWELLING CHARACTERISTICS The unique features of mobile homes must be recognized in developing standards for such things as site layout, design and proper integration with the surrounding area. - 27 - 3.1 Production, Marketing and Transportation Mobile homes differ from other forms of housing in that they are factory built, transportable, self-contained dwellings designed and built to be used on their own chassis or frame. Usually marketed without land, they are transported from the factory to a site, often via a dealer. Once they reach the site, the hitch and running gear can be removed and the units set on a foundation. The hitch and running gear can be reattached so that mobile homes can be moved to a new site. 3.2 Construction and Design of Units Mobile homes are generally constructed with a wood frame and aluminum or other light weight but durable exterior. They are one storey dwellings with no attic or basement (although basements are now occasionally being built into the foundation). Double -wider can have as much floor space as a small bungalow, although single-wides have less. Mobile homes can be designed and constructed to suit the particular needs of a project or a local housing market. However, currently they are usually manufactured in three basic types. Sizes and layouts vary. I. -28- • Single -wide: The original and still most common type of mobile home is the 3 bedroom single -wide of 56 square metres. (They are generally 3.7 m to 4.3 m wide and 14.6 m to 20.1 m long.) The layout of the rooms is linear. r double -wide: Double-wides are rapidly increasing in popularity. They resemble conventional housing in appearance and offer much more living space (67 square metres to 100 square metres) than a single -wide. They consist of two separately towable components that are joined on the site. Double-wides range from 6.7 m to 7.3 m in width and from 11 m to 18.3 m in length. Expandable: An expandable mobile home is transported in one load, but incorporates an addition to the home, which fits inside the unit during transportation and is placed in position on location. In addition to increasing the amount of living space, it varies the shape and appear- ance of the home. Expandables are presently the least popular type of mobile home. 4.0 CONSTRUCTION STANDARDS Most mobile hones currently built in Ontario comply with both the Ontario Building Code and the specifications of the Canadian Standards Association. Homes constructed outside Ontario, or older used homes, may not. a { -29- 4.1 Canadian Standards Association The Canadian Standards Association has developed a series of specifications (CSA 2240) which are intended to ensure uniform quality in the construction of mobile homes and to protect home buyers against inferior products. The specifications cover electrical, plumbing and heating as - pests and include transportation guidelines and struc- tural requirements. The Ontario Building Code requires that all mobile homes must be certified as at least meet- ing the minimum requirements of this standard. Certification is given as the unit leaves the factory. Proper anchoring, climatic differences, rough handling or changes made by the dealer are therefore beyond the scope of CSA 2240. CSA Z240 is basically a voluntary standard. However, it is a requirement for membership in the Canadian Manufac- tures Housing Institute and for financing under the National Housing Act. 4.2 The Ontario Building Code The regulations of the Ontario Building Code that apply to site built dwellings also apply to mobile homes and their foundations. All mobile homes constructed and placed -on a foundation in the province since December 31, 1975 must meet the requirements of the Code. - 30 5.0 MUNICIPAL REVENUE Municipalities have been able to obtain revenue from mobile homes under one of two methods - licensing or assessment. The current trend is towards assessment. 5.1 Licensing Originally, mobile homes were taxed as road vehicles, and municipalities derived revenue from them by using licen- sing powers permitted under The Municipal Act. Section 354(1) paragraph 87 of the Act provides for a municipa- lity to pass a by-law to license "trailers" in order to collect up to S240 per year revenue. (A trailer is defined in section 87 of The Municipal Act as "any vehicle so constructed that it is suitable for being attached to a motor vehicle for the purpose of being drawn or propelled by the motor vehicle, and capable of being used for the living, sleeping or eating accommo- dation of persons, notwithstanding that such vehicle is jacked up or had its running gear removed".) Appropriate or not, many mobile homes have been licensed under this legislation. - 31 - 5.2 Assessment Now, since a reasonable degree of permanency can be esta- blished for most mobile homes, they are assessed and sub- ject to property tax. Permanency is determined by removal of running gear, hook-up to services, and the presence of such things as skirtings, foundations, porches, extensions and landscaping. Mobile homes are assessed and taxed in the same manner as conventionally built homes. The only variation is for mobile home parks where the tax bill is divided in two. The land or lot tax bill is sertt to the park owner, and the building tax bill is sent to the homeowner. This, however, does not affect the tax revenue obtained by the municipality. - 32 - Appendix C - Section 35c of The Planning Act On ,tune 1, 1977, the Government of Ontario added section 35c to The Plann- ing Actl. This section was enacted to end the random locating of mobile homes by requiring that new mobile home proposals in excess of one unit per parcel of land be subject to an authorizing zoning by-law or minister's zoning order. APPLICATION The legislation applies to mobile homes as dlefined in section 35c. It does not apply to travel trailers or recreational vehicles but rather only to mobile homes constructed for perm,a- nent residential accommodation. Section 35c. is specifically aimed at areas without adequate zoning controls for mobile homes. It permits one mobile home per parcel of land unless there is a zoning by-law or order in force permitting more (or not permitting any mobile homes at ail). A parcel of land is any piece of land in separate ownership that can be sold without obtaining consent under section 29 of The Planning Act. It can also be a lot in a registered plan of suhdivision, 1. A copy of section 35c has been provided at the end of this Appendix. - 33 - THE IMPACT OF THE LEGISLATION Section 35c. now requires that all new mobile home development in excess of one unit per parcel of land be authorized by either a municipal zoning by-law (or a ministerial zoning order enacted under section 32 of The Planning Act). This applies to all municipalities in the province as well as all areas without municipal organization. All mobile home development must also comply with the Ontario Building Code and public health stan- dards. 1. Municipalities with Ap roved zoning b -lar+s New mobile home development in excess of one unit per parcel of land or expansions to existing developments must be located in accordance with the terms of the by-law. If such proposals are not permitted under the terms of the by-law, municipal council must pass an appropriate zoning by-law amendment to authorize the proposal and that by-law must be approved by the Ontario Munici- pal Board. Some existing mobile home parks may be legal non-conforminq uses ('Section 35(7) of The Planning Act). Generally speaking, non- conforming uses are uses that were located legally before the zoning by-law was passed. If such a mobile home park wishes to expand, it can do so only through a zoning 'by-law amendment. a Z. Municipalities and Territories without Municipal Organization affected by a Minister's Zoning Order Mobile home development in a given location is either permitted or not permitted under the terms of the zoning order. If it is not a permitted use under the terms of the order then a new mobile home development must be approved through an amendment to the minister's zoninq order. Expansions to existing mobile home developments in excess of one unit per parcel of land must be recoqunized in the zoning order. In most cases a zoning order amendment will be necessary. Information on zoning order amendments is available from Minintry of Municipal Affairs and Housing regional offices or from the Community Planning Review Branch in the Plans Administration Division. Any mobile home located in contravention of a minister's order or Section 35c. is subject to legal proceedings by summary convic- tion and by restraining action. 3. Municipalities with no approved zoning bey -laws Mobile home development is subject to Section 35c of The Planning Act. There can be only one mobile home per parcel of land in separate ownership. New mobile home development in excess of one unit per parcel of land or expansions to existing ones can proceed only if the muni- cipality passes a zoning by-law to authorize it and that by-law is approved by the Ontario Municipal Board. r -35- Mobile home development in excess of ❑ne unit per parcel of land located before dune 1, 1977 (or located in accordance with a huildinq permit issued before that Mate) may continue to be used provided. (a) the mobile home remains in the same location (b) the use is continuous All mobile homes located in contravention of Section 35c. are subject to legal proceedings by summary conviction and by re- straining action of the municipality. It would normally by ex- pected that such proceedings would be initiated by the municipa- lity although section 35c provides that the Minister and rate- payers also have this authority. 4. Territories Without Municipal Organization:- No loninq Order Coverage Mobile home development is subject to section 35c of The Planninq Act. There can be only one mobile home per parcel of land in separate ownership. New mobile home, development in excess of one unit per parcel of land or expansions to existing ones can legally proceed only if a minister's order has been made to authorize it. Mobile home parks located before June 1, 1977 (or located in ac- cordance with a buildinq permit issued before that date) may con- tinue to be used provided: (a) the mobile home remains in the same location (b) the use is continuous - 36 - All mobile homes located in contravention of Section 35c are sub- ject to legal proceedings by summary conviction and by re- straining action. Such legal action can be initiated in terri- tories without municipal organization by the Minister, a resi- dent, an adjoining municipality, or a ratepayer of an adjoining municipality. - 37 - EXTRACT - Section 35c of The Planning Act 35c.--(1) In this section, Interpretation (a) "mobile home" means any dwelling that is designed to be made mobile, and constructed or manufactured to provide a permanent residence for one or more persons, but does not include a travel trailer or tent trailer or trailer otherwise designed; (b) "parcel of land" means a lot or block within a regis- tered plan of subdivision or any land that may be legally conveyed under the exemption provided in clause b of subsection 2 or clause a of subsection 4 of section 29. One mobile (2) Unless otherwise authorized by a by-law in force under home per section 35 or an order of the Minister made under parcel of clause a of subsection 1 of section 32, no person land shall erect or locate or use or cause to be erected, located or used, a mobile home except on a parcel of land as defined in clause b of subsection 1, and in no case except as otherwise so authorized shall any per- son erect, locate or use or cause to be erected, located or used more than one mobile home on any such parcel of Land. Saving (3) This section does not apply to prevent the continued use in the same location of any mobile home that, (a) is erected or located and in use prior to the 1st day of June, 1977; or (b) is erected or located in accordance with a building permit issued prior to the 1st day of June, 1977. Offence (4) Every person who contravenes this section is guilty of an offence and on summary conviction is liable to a fine of not more that $1,000. Right to (5) In addition to any other remedy or penalty provided restrain by law, any contravention ❑f this section may be restrained by action at the instance of the Minister or the municipality in which the contravention took place or any adjoining municipality or any ratepayer of any such municipality or adjoining municipality and, where the contravention took place in territory without municipal organization, the action may be taken at the instance of the Minister or any resident of such territory or any adjoining municipality or any ratepayer of any adjoining municipality. 1976 c.38, s.3. -38- BIBLIOGRAPHY 1. Canada Mortgage and Head Office, Housing Corporation Ottawa, Ontario K1A OP7 Mobile Homes Bibliography (Ottawa, 1975) The National Housing Act and Mobile Homes (Ottawa, 1975) Site Planning for Mobile Homes, A Sueelement to the Site Planning Handbook TUE—tawa, 1913) 2. Canadian Manufactured Housing 55 York Street, Institute Suite 512 Toronto, Ontario Mobile Home Site Planning Kit List of Mobile Homes in Ontario 0 3. Canadian Standards 178 Rexdale Boulevard, Association (C.S.A.) Rexdale, Ontario C.S.A. Preliminary Standard Z240. Definitions for MD61e Housing and Recreations Vehicles. April 1970. C.S.A. Preliminary Standard Z240.1 Vehicle Requirements or Mobile Homes. April 19,70. C.S.A. Preliminary Standard Z240.2 Structural Requirements or Mobile Homes. April 1970. Proposed C.S.A. Standard Z240.2 Installation Code for Numbiing Appliances ana Equipment in Mobile Housing 2nd Draft. July 1968. C.S.A. Preliminary Standard Z240.3.1 Plumbing Requirements or Mobile Housing. April 1976—. C.S.A. Standard 6210.1/Z240.4 Gas -equipped Recreation Vehicles and Mobile Homes. ugust 1970. C.S.A. Preliminary Standard Z240.5 Oil Requirements or Mobile Housing and Recreati—ons Vehicles. April 1970. C.S.A. Preliminary Standard Z240.5 Electrical Requirements or Mobile Homes. April 1970. C.S.A. Preliminary Standard C22.2 No. 148/Z240.6.2 - T97UTlectrical Requirements for Recreation Vehicles. June 1970. e - 39 - Proposed C.S.A. Standard Z240.7.1. Mobile Home Parks Code. . C.S.A. Standard B140.10 Oil Fired Warm Air Heating pp lcance5 for Mobile Housing and Recreational Vehicles. 4. Department of Industry, 112 Kent Street, Trade and Commerce. Ottawa, Ontario K1A OH5 The Mobile Home in Canada (Ottawa, 1970 5. Ministry of Housing (also see page 28) Ontario Government Bookstore 880 Bay Street Toronto, Ontario M7A IY7 Mobile Home Projects, Site_Planning Guidelines (Toronto, 1974) Mobile Hoare information Kit (Toronto, 1977) Urban Development Standards, A Demonstration of the Potential or Reducing Costs pronto, 1916) 6. Ministry of Revenue 77 Bloor Street West Toronto, Ontario Ritchie, Andrew, "Real Property - A Basis for M,Ixile Home Taxation" Aspects-, no. 8 (Summer, 1972) Fa,yan, Ken and Clare Lawrence "Grand Cove Estates: There Mobile Homes are an improvement" Aspects, no. 26 (Fail, 1978) 7. Ministry of State Communications Directorate for Urban Affairs Canada Mortgaqe and Housing Corporation Ottawa, Ontario K1A OP7 Mobile Homes Recommendations for Alternate Federal overnment Actions, report o the Mfnister of State or Urban Affairs, the Honourable Andre"Ouellett (September 1977). -a0- 8. Municipal World P.O. Box 339 St. Thomas, Ontario N5P 3V3 Smither, Michael, "Mohile Homes and Trailers", Municipal World, November 1975. 9. Rural Ontario 'Municipal Association 100 University Avenue (formerly Ontario Association of Suite 920 Rural Municipalities) Toronto, Ontario MU 1W6 Mobile Homes are Here to Stay (February 1976) 4 10. Regional Municipality of 605 Rossland Road East Durham Whitby, Ontario L1N 6A3 Mobile Home Develo pent (October 1976) 11. Regional Municipality of Waterloo Mobile Homes, A Resource Book Madeleine oyn er ay 1916) Marsland Centre 20 Erb Street West Waterloo, Ontario N2J 08 r Action TFr1x_ t?atr (5) 'rear MwltN1 0" star, Imo dp W. From fNwlw and C*rl I C M Poo Area Cvcfe I 1 t "O -)P.—C I 1 0 ftorwd 0 tease Call ® will 4.aJi fiaCit 0 on 0 ned 0 Wishes Appptnt"ni Hold rr �cal f �s r�ssas.�r ia�rr, By C1 IOVA.t,nq 0 will 'r, D►rsr)c. Return Was ►- 0-00 aFile 0 Drah Reply fcsr 0 Provto* ® F of Your W S+gnatu►e More Cwarls rnformatt4n © Type Dratt 0" For Your Approval KMe and Signature Inform" � Pet C3+stuSs*nn 0 Type Final 0 Ctr[ulafe Initial 0 Ta*! 0 r�er You? QeQLJaS'1 and Ref u rn �..�Ap pt opf ►at! Action t1Aake R*furn Note an(I Api ,rnefi Copies � With Comirroents 0 See me � Weft Ynir;•% please, Ar1%wef Q lnvesl+gale P*A* and ,modR*VHoO Q n CQ:: w4 t % r ?S40-1037 (P.*v 6 67) c This kit contains information for persons intaested in • purclriasing or who already own a mobile home. It has been assembled by the Ministries of Comsmr and Commercial Relations, Environment, Housing, Attorncg-Gcwal,�Natural R.esourcrs;`and Revenue _ . - and is designed to'provide an overview of information relating to. pro vincial,legislation, policies and responsibilities. More detailed information can be _ obtained from the various of fists lists in the endoscd material. This information relates strictly to mobile Homes and not to travel trailers, modular or X ' -• fin/ �p�j (�}f[r/- prefR housing. ..,, ♦, TrLI rt .y \�p�� , ���1 j�!L �rli.TMrr� r•r Y,'r. P3-1Q art Ile'home is.a major suvefzhould find outwssr sat'eguard your v,c�.avn.T�.r.I Mom. 9'•.W �+lw41 .be remedied Irrteasorlabie eon h1 tha3 building to whorrl nersawaomorrrv► yrorrl,wumi,�acrsayu r umenGl have been ut-terrrt leases and other',lirnited"arraapgeR►s9rtts preferably by your lav the use of Jocal utilitia an 14 IJtles ay prove La.,�factorv:i�:-"-a`e _v .*..s# -. f =v-.! •---,-. --ter+. ---- . . ." W*-Fv r 11 ' yr '/_Ilii71�$� � ' y� Mobile home purchasers intending to locate Ina , ' �', Misr— [ - mobile home park should discuss amenities In detailF ' } ' �h with local residents, What are the rights, privileges �j %L Does the mobile horns C Building Code? and responsibilities concerning the location, rent o1, . r• -. (arsd, use of utilities, payment of taxes, Insurance,(7oes the foundation meet the requirements 1as regarding children, pets and cars? ; . r w , - ` ' �; _ r` the Ontario Building Code?' Does the home come under the New Home y' What manu}acturer's warranties are availat arranty Plan Act? If so,.what Is the enrolment :1 E: on the structure itself and on Interior number of the articular mobile home? The act �- ,, equipment? p i calls for the registration of each new mobile home k ' I] is there a suitable site where the mobile hon that meets the requirements outlined in the infor- can be placed? mation sheet dealing with warranties, as well as the.,, Ej pose this site meet the zoning requirements separate registration of the builder. The enrolment the municipality? builder/vendor number can r a or aproduced request by thet one of the _ Is the lot size suitable for the mobile home?. -, _ Ontario offices listed on the same information sheet i7 Do you own the land or will you rent It? hi'ch is enclosed in this package if you rent the Pand. Is there a written tenanc If a new home warranty under the act Is provided,:. t• Are the agreement with the landlord? who is giving It —the manufacturer orthe vendor? �] Are the utilities adequate? Is either registered with the Ontario New Home. ° .`, •P arranties Plan? , i . If you are going Into A mobile, home park check ,:. •. pose the home carry a GSA label? # • Recreational facilities .°- a Do the appliances Inside carry CSA labels? •Schools • Are there any written guarantees for the • Open space home or the appliances? • Transit facilities • Dothey apply in Ontario? p • Landscaping • Parking space y Home warranties New mobile homes sold in Ontario are protected by the Ontario New home Warranties Plan Act, 1976. This act — administered by the HUDAC New Home Warranty Program — a non-profit corporation — applies to homes sold on or after Jan. 1, 1977. (A lisl of the offices appears on the reverse side). Mobile homes bought without permanent founda- tions, or which are only later set on foundations, purchased or rented from parties other than the original registered builde►/vendor, are not covered. Coverage is extended to a mobile home where: 1. It is built according to the Ontario Building Code, 2. It is placed on a permanent foundation, 3. it is sold and erected on a permanent foundation by a registered builder or vendor,. d_ It is sold for permanent occupancy, not seasonal use. Builders and vendors of such homes are obliged to give a first -year warranty that the homes are constructed in a workman -like manner, free from major structural and materials defects, fit for habitation and built according to the Ontario Building Code. Builders and vendors are responsible for repairing any defects in material or workmanship discovered in the first year of habitation. If they are financially Incapable of paying compensation, the corporation will do so. It will also pay compensation for major structural defects discovered during the second to fifth year. Consumer Legislation Used mobile homes are not covered by the New Home Warranties Plan Act. They would legally be deemed "chattels" (personal property) and be subject to other consumer protection laws, such as Ministry of Consumer and Commercial Relations Ontario Mobile homes: Consumer pr+otec#lon The Business Practices Act, The Consumer Protec- tion Act and The Real Estate and Business Brokers Act. The Business Practices Act creates sanctions against and prohibits a wide rangeof unfairpractices in consumer sales and services, although trans- actions in real property (land) are excluded. Under this Act, a transaction or agreement may be cancelled within six months if a false, misleading, deceptive, or unconscionable representation has taken place. The Consumer Protection Act regulates door-to- door sales people and establishes the purchaser's right to a written contract giving full details of the sale whenever delivery of the goods, performance of services, or payment will take place after the contract has been signed. Complete disclosure of the credit arrangements must also be made in the contract. The Real Estate and Business Brokers Act pro- vides for the registration and bonding of real estate brokers and salesmen. The purchase or lease of a mobile home unit permanently situated on a lot or the purchase or lease of a lot on which to place a mobile home may be arranged through these agents. Units purchased separately are not considered to be real property and need not be handled by real estate brokers and salesmen. These Acts are administered by nine Consumer Services Bureaus across the province which have been set up to provide information and to protect consumers' rights and privileges under Ontario law. Liens The personal property security registration (PPSH) branch of the Ministry of Consumer and Commercial Relations has a computerized registry of 2.5 million items of personal property used as secdrlty for debt in Ontario. Anyone contemplating the purchase of a used Communications Branch Ministry of Consumer & Commercial Flotations Oth Floor 555 Yongs St Toronto. Ont M7A 2H8 Teiephona (4$C 985-4239 mobile home should check with the branch to Find out If that property has a lien on it; that is, has the home been used as security for debt? Mobile home Owners should check for Ilens with the provincial land registry office in their area before buying a plot of land for the home. If a home (or an area of land) with a lien on it is sold, the debt passes to the purchaser of that property and legal title to the home or land Is postponed until the debt is paid. This, however, would not prevent physical use of the property. Lenders who accept personal property as a security for debt must register the security interest (the lien) with the Ministry of Consumer and Commercial Relations. Security interesUon personal property must be registered with the PPSR branch. Llens on land, with or without buildings, must be registered with the land registry branch. Because the definition of mobile home varies for different purposes, a debt using such a home as a security may be registered in either category. For $2 one of Ontario's 48 local PPSR offices located in the land registry office of each county or district town will ascertain whether a lien exists. When a mobile home park owner agrees to a lease in excess of seven years, the lease must be registered with land registry and the mobile home could be used as a security forthe debt. Notices of the security debt could be registered against the leased land. Enquiries regarding chattel registration should be directed to local PPSR offices. Multiple enquiries (over 20 per month) may be directed to PPSR head office, at 400 University Ave., Toronto, Ont. M7A 2,15 and paid by deposit account. HUDAC Now Home Werrantles Plan offices: Head Office 180 Bloor St, W. Suite 702 Toronto, Ont. M5S 2V6 Telephone (416) 922-3005 Ottawa Regional Office (serving Eastern Ontario) 969 Bronson Ave. Suite 203 Ottawa, Ont. KiS 4G8 Telephone: (613) 235-2300 Toronto Regional Office (serving Central Ontario) 251 Consumer Rd. Suite 1120 Willowdale, Ont. Telephone- (416)494-4421 Hamilton Regional Office (serving Hamilton and Niagara) 289 Queenston Rd. Suite 19 Hamilton, Ont, L8K 1 H2 Telephone: (416) 549-1377 Kitchener Regional Office (serving Southwestern Ontario) 385 Frederick St. Suite D Kitchener, Ont. N2H 2P2 Telephone: (519) 744-0861 Thunder Say Regional Office (serving Northwestern Ontario) 1265 Arthur St. Suite 704 Thunder Bay, Ont. Telephone, (807) 623-4791 Sudbury Regional Office (serving Northern Ontario) 45 Elm St. E. Suite 310 Sudbury, Ont. Telephone: (705) 674-2314 Individuals interested in living in a mobile home park would normally have the mobile home con- nected to communal water and sewage systems. Generally, these systems must be approved by the Ministry of the Environment prior to being installed, and the operation of them rests with either the mobile home park owner or the municipal authority. Small systems serving five dwellings or less are usually approved by the local Medical Officer of Health. This applies to systems serving both mobile home parks and mobile homes constructed on individual lots. Solid waste collection and disposal is the respon- sibility of either the mobile home park operator or the municipality. The park may have rules prohibiting the storage of garbage on individual lots, in which case there will be central garbage facilities. Where on -site storage is allowed, special stands may be required to prevent containers from being tipped, to minimize spillage and to facilitate cleaning around the containers. Mobile home owners should deter- mine rules and responsibilities prior to moving onto the site. Water supply & distribution system An accessible, adequate, safe and potable water supply should be provided in each mobile home development. Where a public supply of water of satisfactory quantity, quality and pressure is Mobile homes; Servici environmental considerations available at the site or at the boundary of the site, connection shall be made thereto and its supply used exclusively. When a satisfactory public water supply is not available, an approved private water supply system may be developed and operated. If the system serves more than five dwellings, approval must be received from the Ministry of the Environment. Consideration must be given to the provision of adequate water not only for normal domestic purposes but also for fire protection. This may be incorporated as a part of the domestic water supply or through the provision of a separate system used specifically for fire protection. Under no circum- stances are these two supplies to be inter -connected unless both are of satisfactory quality and safe for drinking purposes. The water distribution system shall not be connected with non -potable orques- tionable water supplies, and where necessary, shall be protected against the hazards of back -flow or backsiphonage. Sewage collection & disposal Adequate provisions shall be made to prevent freezing of service lines and sufficient shut-off valves should be located to isolate problems which may occur in the distribution system. Adequate and safe sewage disposal shall be provided in all mobile home developments for Ministry AddMlonrll lttlannatllan Further information can be obtained wood-GarHrN Rapti. 01sw 140 Centennial Parkway worth Of the by contacting your local Ministry of the -ice Stoney Creek, Ont. LAE 3H2 Environment off or the following Telephone: (416) 561-7410 Environment Regional offices: Control Heglenol Gales Ontario Noegt totem Regional onka Suite 700. 150 Forrand Drive P O Box 5000 Don Mills, Ont. M3C 3C3 435 James Street South Telephono: (416) 424-3000 Thunder Bay, Ont P7C 506 >s4+t "soilarn Ro¢onal OIL Telephone(607) 475-1205 133 Dolton Street Norawsolorn Regional GAlevt P O. Box 920 469 Bouchard Sir" Regency Mail Kingston, one. K17 4X6 Sudbury, Ont. P3E 2Ka Telephonw (6131 540-4000 c Telephone: (7051 $22-8282 ■&Ahweetwn Regktnal Orate 995 Adelaide Streal South London, Grit. WE 1v3 Talsphon•: (519) 681-36M conveying and disposing of sewage. Wherever feasible, connection shall be made to a public system. When a satisfactory public sewage system is not available, an approved private sewage system may be developed and operated. All sewer lines shall be located in trenches of sufficient depth to avoid freezing, to be free of breakage due to traffic and shall be separated from the development water supply at a safe distance. Noise & other disturbances In the selection of a mobile home site, find out about activities and operations on lands adjacent to, or near the site that could be a disturbance or annoyance. This would include the possibility of odors and/or noise from farm operations, industrial activity, highways, railways, airports and other activities and utilities. The impact of noise can be attenuated to a certain extent by separation, site design and structural alterations, but mobile homes often provide limited opportunity for Incorporation of noise control measures. Mobile homes are factory built, single-family dwellings designed to be placed on permanent foundations and connected to utilities. The regulations of the Ontario Building Code apply to all mobile homes newly -constructed and placed on a foundation in the province of Ontario since Dec. 31, 1975. The same basic regulations In the Building Code that apply to conventional on -site constructed dwellings apply to factory -assembled mobile homes The purchaser of a mobile home can be reason- ably assured that the unit complies with the regula- tions of the Ontario Building Code if it bears the CSA label. The label is a confirmation that the unit has been Inspected at the factory for compliance with the CSA standard. This inspection does not cover transpor- tation to the site, nor placement on a foundation. Placement of the mobile home on a permanent foundation and connection to utilities would be most logically handled by the dealer. Mobile homes: The Ontario Building Code References are made in the Building Code to buildings less than 14 ft. wide, which would mainly be mobile homes. For example, there are special anchorage or tie -down requirements to prevent these units from being damaged due to displace- ment or overturning as a result of wind loading. Footings and foundations for mobile homes must be designed and constructed in the same way as tho4e for conventional on -site constructed dweil- ings. Alternatives include: concrete stab on grade, piers or continuous perimeter foundations. For fire protection listed products of the combus- tion detector type or detectors of the single station alarm type, audible within bedrooms, must be installed at the ceiling between the sleeping areas and the remainder of the dwelling unit. General requirements of the Ontario Building Code pertaining to exits, foundationo and insulation apply to both mobile homes and on -site constructed dwellings and both types of units must be designed and constructed to meet the above requirements. Ministry o`f Communications erench el atiry Of Consumer 3 C4mmerc.lal R Consumer and Relations gth Floor Commercial Relations 555 Yonge St. Ontario Toronto. Ont M7A 2HO Telephone: 1416t 065-4232 r 1,• '�F j� j ��J I s.. � ,� lip "►911i` !�i`: �• •� 1 - . .Y `-•kllr n-1vi!• o �'i - � .. a V - pl -.r '�I..'t�. !•6L;'.V '�IR"4�. 1 ..♦. !. r" � '� YP{ti+� cif.. ►.µ1�F• !«e'. w N-b:`N'-+..4a1 .�M-�yaV • ,�Cr�*Zii' o' l',171 " y'•_ •... _ .•�'. fit.-.'.r..N... �" F t � A' " •� .. w�.. - -.. •_ .. e� Mobile Home Assessment Permanent mobile homes are assessed and subject to property tax. For assessment purposes, permanency is determined by the removal of the running gear, augmented by evidence of a foundation, skirting, hookup to services, land- scaping and fencing. Improvements such as porches, extensions and basements are further indications of permanence. Retail Sales Tax New "single -wide„ and "double -wide" mobile homes as defined in CSA Standard Z240 and pur- chased for residential purposes are subject to retail sales tax on only 50 per cent of the dealer's selling price inclusive of delivery charges. New mobile homes not meeting these require- ments are taxed on the total selling price at the rate of seven per cent; the tax payable by the purchaser. Charges for the installation of mobile homes are exempt from tax. In most cases, purchases of used mobile homes are exempt from tax. Used mobile homes already set up for occupancy are exempt from tax when purchased in that condition whether such homes bear the CSA or not. Used mobile homes not set up for occupancy are also exempt from retail sales tax when purchased provided such homes: (a) bear the CSA Standard Z240; (b) were previously sold In Ontario; and (c) were previously used as residential properties. Ministry of Revenue Ontario Mobile homes: Assessment G faces Other purchases of used +nobile homes are tax- able at the current rate on the full purchase price. The tax is payable by the purchaser. Free-standing furniture and appliances purchased with new or used mobile homes, are taxed on the total purchase price regardless of the tax treatment of the hoe. , PTopaly Tail Credit For property tax credit purchases, mobile homes are treated in the same manner as other residential property. Land Transfer Tax No land transfer tax is payable where an individual mobile home unit is purchased and where land is not included. On the purchase by a resident of Canada of a mobile home unit together with the land on which it is situated, land transfer tax would be payable on the registration of the deed at the rate of 0.3 per cent on the value of consideration up to $35,000.00 and 0.6 per cent on the balance. A rate of 20 per cent would apply where the purchaser is not a resident of Canada. Land Speculation Tax No land speculation tax is payable on the sale of a mobile home where the land on which the mobile home is situated is not part of the sale to the purchaser, if land is included in the sale, land speculation tax could become payable by the sailer. However, the regulations for principal residential or principal recreational properties would probably result in an exemption. Communications Branch Ministry of Revenue' 77 Woor 5t. w. Toronto, Ont Teierphone ({ 1 El 965-2099 - �... i T a � � X ��. "�• r �� . � w o �+.� +r+w .A 4+.�. �i► . _ , .' 1' y '\. � '� Y� � t / d � � t � � ': � .� r �yp'r;r w.. �...s— ��w. ..� � •w-.'�G': �.' �'+.'y�y�.rp+Ni"^ir _.. _ _ � -� ,� � aRar� Fes: _ .�. � �: a;"` x.. ., r , ti-s. r s� r� w � ..1 ,�, .,, ^... w+..;.tr s�1 �aa'�� � �'.� _. , � '! r ,.��'>� ... � r � ., �r .. - ' u . �; } r � .L. , � ., � .. 'y � � _ -_ P � `� i �u / ;o 0 oQ1* oi2� ot° THE CORPORATION OF THE 0& COO NF DO Aoi BY-LAW NO. OF BEING A BY-LAW TO ESTABLISH, MAINTAIN, LICENCE AND OPERATE A MUNICIPAL MOBILE HOME TRAILER PARR. + WHEREAS SECTION 210 (1) (96) OF THE MUNICIPAL ACT, BEING CHAPTER 302 OF THE REVISED STATUTES OF ONTARIO, 1980 PROVIDES THAT BY-LAWS MAY BE PASSED BY COUNCILS OF LOCAL MUNICIPALITIES FOR ACQUIRING, ESTABLISHING, MAINTAINING AND OPERATING TRAILER CAMPS AND FOR ACQUIRING LAND FOR SUCH PURPOSES AND FOR INSTALL SUCH SERVICES FOR THE USE OF THE OCCUPANTS OF THE TRAILER CAMP; AS THE COUNCIL CONSIDERS EXPEDIENT AND FOR FIXING THE FEES TO BE PAID BY THE OCCUPANTS OF THE TRAILER CAMPS. AND WHEREAS IT IS DEEMED EXPEDIENT AND DESIRABLE TO MAKE PROVISION FOR THA ESTABLISHMENT, MAINTENANCE AND OPERATIOt OF A MUNICIPAI. TRAILER CAMP .N THE OF NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE OF , ENACTS AS FOLLOWS: I 1. "MOBILE HOME" MEANS ANY DWELLING THAT IS DESIGNED TO BE MADE MOBILE, AND CONSTRUCTED OR MANUFACTURED TO PROVIDE A PERMANENT RESIDENCE FOR ONE OR MORE PERSONS, BUT DOES NOT INCLUDE A TRAVEL TRAILER OR TENT TRAILER OTHERWISE DESIGNED 2. "PARCEL OF LAND" MEANS A LOT OR BLOCK WITHIN A REGISTERED PLAN OF SUBDIVISION OR ANY LAND THAT MAY BE LEGALLY CONVEYED. 3. "INSPECTOR" SHALL MEAN THE LOCAL BUILDING INSPECTOR DULY APPOINTED BY THE CORPORATION. 4. "MEDICAL OFFICER OF HEALTH", SHALL MEAN THE MEDICAL OFFICER OF HEALTH FOR THE AND DISTRICT HEALTH UNIT. z 5. ALL APPLICATIONS FOR THE LEASE OF A TRAILER LOT IN THX MUNICIPALITY SHALL BE MARE TO THE CLERK OF THE MUNICIPALITY IN THE PRESCRIBED FORM ANNEXED HERETO AND FORMING PART OF THIS BY-LAW AND REFERRED TO AS EXHIBIT "A'. 6. APPLICATIONS APPROVED BY COUNCIL AUTHORIZING THE LEASE OF A TRAILER LOT SHALL BE PREPARED BY THE CLERK OF THE MUNICIPALITY IN THE PRESCRIBED FORM ANNEXED HERETO AND FORMING PART OF THIS BY-LAW AND REFERRED TO AS 'EXHIBIT "B'. 7. THE MOBILE TRAILER CAMP SMALL BE LOCATED IN THE MUNICIPALITY IN AN AREA DULY AUTHORIZED BY THE LOCAL PLANNING AUTHORITY OR IN ACCORDANCE WITH THE PROVISIONS OF THE OFFICIAL PLAN AND RESTRICTED AREA ZONING BY-LAW: IF SUCH A BY-LAW IS IN FORCE IN THE MUNICIPALITY. S. THE MUNICIPALITY SHALL BE LIABLE AND RESPONSIBLE TO COMPLY WITH THE FOLLOWING REGULATIONS: (A) THE MOBILE TRAILER CAMP SHALL BE LOCATED IN A WELL - DRAINED SITE PROPERLY GRADED TO ENSURE RAPID DRAINAGE AND FREE FROM STAGNANT POOLS OFiWATER, AND: (B) CONTAIN AT LEAST 10 LOTS HAVING A MINIMUM AREA OF 5,000 SQUARE FEET WITH A WIDTH OF AT LEAST 50 FEET AND BE SUPPORTED BY A REFERENCE PLAN OR DULY REGISTERED PLAN OF SUBDIVISION PURSUANT TO THE PROVISIONS OF THE PLANNING ACT, AND: (C) THE INDIVIDUAL TRAILERS SHALL BE LOCATED ONE TO A LOT SO THAT THERE SHALT. BE AT LEAST 25 FEET CLEARANCE BETWEEN EACH TRAILER AND SUCH SPACE TO BE CLEAR AT ALL TIMES FROM ANY OBSTRUCTIONS, AND: (D) AN ELECTRICAL OUTLET SUPPLYING AT LEAST 220 VOLTS SHALL BE PROVIDED FOR EACH MOBILE HOME LOT, AND: (E) EACH BOUNDARY OF THE MOBILE TRAILER CAMP MUST BE AT LEAST 200 FEET FROM ANY PERMANENT RESIDENTIAL BUILDING LOCATED OUTSIDE THE MOBILE TRAILER CAMP, AND: (F) WASTE FROM SHOWERS, BATHTUBS, TOILETS, SLOP SINKS AND LAUNDRIES,5HALL BE DISCHARGED EITHER INTO THE MUNICIPAI, SEWER -SYSTEM OR INTO• A SYSTEa APPROVED BY THE COUNCIL AND THE DISTRICT HEALTH UNIT, ANDI (G) PROVIDE ADEQUATE MAINTENANCE OF INTERNAL ROADS, SERVICING SYSTEMS, SNOW CLEARANCE, GARBAGE COLLECTION AND GENERAL LANDSCAPING, AND, (H) THE TRAILERS TO BE LOCATED NOT LESS THAN 1.0 FEET FROM ANY PROPERTY LINE BOUNDING THE MOBILE TRAIL" CAMP AND ' Z 0 FEET FROM ANY S*REET OR ROAD ALLOW— ANCE. NO LEASEE OR OWNER OF A LOT IN THE MOBILE TRAILER CAMP. SHALL CONSTRUCT, ALTER, OR PLACE OR PERMIT TO CONSTRUCT, ALTER OR PLACE ANY ALTERATIONS, ADDITIONS TO ANY MOBILE HONE OR WITHIN ANY MOBILE TRAILER CAMP w=NO'UT- rxRST OBTAINING A BUILDING PERMIT. 10.. THE BUILDING INSPECTOR SHALL HAVE THE AUTHORITY TO ENTER THE MOBILE TRAILER CAMP AT ANY TIME FOR THE f PURPOSE OF ADMINISTERING OR 'ENFORCING THE PROVISIONS OF THIS OR ANY OTHER MUNICIPAL BY—LAWS'. 11. ANY PERSON WHO CONTRAVENES ANY OF THE PROVISIONS OF THIS BY—LAW SHALL BE LIABLE ON,SUMMARY CONVICTION TO A FINE NOT EXCEEDING ONE THOUSAND ($10,000.00) EXCLUSIVE OF COST FOR EACH OFFENSE. 12. THIS BY—LAW SHALL COME INTO FORCE AND TAKE EFFECT UPON THE FINAL PASSING THEREOF, READ A FIRST AND SECOND TIME AND PASSED THIS DAY OF 19 . READ A THIRD TIME AND FINALLY PASSED THIS DAY OF 19 F.VE CLERK REEVE CLERK •+• L nn♦ ur by -LAW NO. CORPORATION` -Or 'THE-TOWNSHI-P' OF -- DATE NAME OF APPLICANT S'I"REET ADDRESS TY, TUWN, TOWNSHIP I HEREBY MAKE APPLICATION TO THE CORPORATION OF THE TOWNSHIP OF TO LEASE OR PURCHASE LOT NO. PLAN NO. , BEING (A MUNICIPAL TRAILER PARX) SITUATED WITHIN THE MUNICIPALITY, IN THE DISTRICT OF TO ACCOMMO- DATE A MOBILE HOME TRAILER WITH THE FOLLOWING SPECIFICATIONS: LENGTH YEAR WIDTH MAKE - HEIGHT MODEL~ THIS APPLICATION BY COUNCIL AT THEIR REGULAR MEETING HELD �ONved THEor figs ecte []AY OF 1976. SUBJECT TO THE FOLLOWING CONDITIONS: 1. THAT THE MOBILE HOME TRAILER BE PLACED ON THE DESIGNATED LOT AS FOLLOWS: FRONT YARDD 741NIMUM SIDE YARD MINIMUM REAR YARD MINIMUM OR AS PRESCRIBED BY THE RESTRICTED AREA ZONING BY-LAW, IN FORCE IN THE MUNICIPALITY; AND 2. THE L'EASEE OR OWNER PROVIDE AT HIS EXPENSE A SUITABLE FOUNDA- TION TO ACCOMMODATE THE TRAILER, AS APPROVED BY THE BUILDING INSPECTOR; AND 3. THE LEASEE OR O%fNER ASSUME THE COST OF CONNECTING UP THE TRAILER TO THE EXISTING MUNICIPAL SEWERAGE AND WATER SYSTEM TO THE SATISFACTION OF THE INSPECTOR OF THE &'DISTRICT HEALTH UNIT: AND 4. PROVIDING THE MONTHLY RENTAL ESTABLISHED OR ANY OTHER ASSESS- MENTS, RATES OR MUNICIPAL CHARGES IMPOSED ARE PAID P.EGULARLY IN ACCORDANCE WITH THE POLICIES ESTABLISHED BY THE MUNICIPAL AUTHORITIES FROM TIME TO TIME; AND S. THE TRAILER SHALL BE COMPLETELY SKIRTED TO THE GROUND AND THE SKIRTING PAINTED TO THE SATISFACTION or THE BUILDING INSPECTO, AND S. ALL MUNICIPAL BY-LAWS IN FORCE IN THE MUNICIPALITY ARE STRICT LY ADHERED THERETO. DATED AT THE OF THIS DAY OF 1.9 CLERK, TOWNSHIP OF TRAILER LOT NO. COMMENCEMENT,DATE EXPIRY_. DATE_ ASSESSED VALUE THIS INDENTURE MADE IN DUPLICATE THIS DAY OF , 19 IN PURSUANCE OF THE SHORT FORM OF LEASES ACT BETWEEN THE CORPORATION OF THE TOWNSHIP Or and hereinafter called the LESSOR, of the FIRST PART hereinafter called the LESSEE, of the SECOND PART WITNESSETH THAT IN CONSIDERATION OF THE RENTS, COVENANTS AND AGREEMENTS HEREINAFTER RESERVED ON THE PART OF THE LESSEE, HIS HEIRS, SUCCESSORS, EXECUTORS, ADMINISTRATORS AND ASSIGNS, TO BE PAID, OBSERVED AND PERFORMED, THE LESSOR HATH DEMISED AND LEASED AND BY THESE PRESENTS DOTH DEMISE [UNTO THE LESSEE, HIS HEIRS, SUCCESSORS, EXECUTORS, ADMINISTRATORS AND ASSIGNS, FOR USE AS A SITE FOR THE LOCATION OF THE LESSEE'S TRAILER AND THE OCCUPATION THEREOF FOR RESIDENTIAL USE AND FOR NO OTHER PURPOS ALL THAT CERTAIN PARCEL AND TRACT OF LAND SITUATE, LYING AND BEING IN THE TOWNSHIP OF , AND BEING COMPOSED OF PLAN M F6A THE D STRICT OF COCHRANE DESIGNA' SMILE R LOTS TO HAVE AND TO HOLD THE SAID DEMISED SITE FOR AND DURING THE TERM OF YEARS TO BE COMPUTEC FROM THE DAY OF A.D. 19 AND FROM THENCEFORTH NEXT ENSUING AND FULLY TO BE COMPLEX -AND ENDED. YIELDING AND PAYING: THEREFORE YEARLY AND EVERY YEAR DURING TH SAID TERM UNTO THE LESSOR OR ITS ASSIGNS THE SUM '" ($ :) OF LAWFUL MONEY OF CANADA TO BE PAYABLE ON THE FOLLOWING DAYS AND TIMES, THAT IS TO SAY, QUARTERLY IN ADVANCE COMMENCING THE DAY OF 19 AND ON THE FIRST DAY OF EACH Qd1ARTER THEREAFTER, SUCH QUARTERLY PAYMENT BEING $ -, TOGETHER WITH TAXES AS HEREUN SET OUT, THE FIRST OF SUCH PAYMENTS TO BECOME DUE AND BE MADE THE DAY OF 19 THE LESSEE COVENANTS WITH THE LESSOR TO PAY RENT, AND TO PAY TAXES AS HEREIN SET OUT AND WILL NOT ASSIGN OR SUBLET WITHOUT LEAVE, SUCH LEAVE NOT TO BE ARBITRARILY OR UNREASONABLY WITHH 141TH RESPECT TO SCHOOL TAXES, THE LESSEE SHALL PAY TO THE LES AN AMOUNT ESTIMATED BY THE LESSOR TO BE SUFFICIENT TO PAY THE SCHOOL TAX AS LEVIED ON THE ASSESS14ENT OF THE TRAILER AND OTH STRUCTURES (NOT INCLUDING THE ASSESSMENT OF THE LAND) ON OR BEFORE AUGUST 31ST OF EACH YEAR. FURTHERMORE THE LESSEE SHAL. PAY TO THE LESSOR ON DEMAND THE AMOUNT, IF ANY, BY WHICH THE ACTUAL TAX AFORESAID EXCEEDS SUCH ESTIMATED AMOUNT. IT IS UN STOOD THAT THE TAXES AS ESTIMATED3 AND 'PAYABLE SHALL BE ADJUST IN ACCORDANCE- WITH THE OCCUPANCY OF THE PREMISES BY THE LESSE ALL SUCH ADJUSTMENTS ARE TO BE COMPUTED TO THE END OF THE MON IN WHICH THE OCCUPANCY IS TERMINATED. .....a Jc aut iircM IIEK UY GRANTED SHALL BE AT ANY TIME SEIZED OR TAKEN IN .EXECUTION OR ATTACHMENT, .BY.ANY CREDITOR O THE —LESSEE; ' OR' IF THE —LESSEE SHALL' MAKE --AN ASSIGNMENT-F'OR—TH BENEFIT OF CREDITORS, OR BECOMING BANKRUPT OR INSOLVENT SHALL TAKE THE BENEFIT OF ANY ACT THAT -MAY BE IN FORCE FOR BANKRUPT OR INSOLVENT PERSONS, THE THEN CURRENT RENT, TOGETHER WITH TH RENT FOR THREE MONTHS THEREAFTER, SHALL IMMEDIATELY BECOME DU AND PAYABLE, ALL SUBJECT TO THE PROVISIONS OF THE LANDLORD AN TENANT ACT, AS AMENDED. THE LESSOR COVENANTS WITH THE LESSEE FOR QUIET ENJOYMENT. PROVIDED THAT THE LESSEE SHALL NOT ALLOW ANY ASHES, REFUSE, GARBAGE OR OTHER LOOSE OR OBJECTIONABLE MATERIAL. TO ACCUMULAT ON THE LOT HEREIN DEMISED, PROVIDED THAT THE LESSEE SHALL KEEP THE GROUNDS IN GOOD CONDI' PROVIDED THAx THE LESSEN WILL PAY ALL WATER, SEWAGE AND ELECT CHARGES. THE LESSEE COVENANTS AND AGREES THAT HE WILL COMPLY WITH ALL LAWS AND REGULATIONS AND THAT HE WILL CONSTRUCT AT HIS OWN EXPENSE A TRAILER PAD SUITABLE FOR THE ACCOMMODATION OF HIS TRAILER, THE LOCATION OF ;gHICH SHALL BE INDICATED IN A PLOT P FILED WITH AND APPROVED BY THE BUILDING INSPECTOR AND THAT HE WILL INSTALL AT HIS OWN EXPENSE AND UNDER THE SUPERVISION OFF BUILDINt INSPECTOR, THE WATER AND SEWAGE CONNECTIONS, AND THA HE IS RESPONSIBLE FOR THE INSTALLATION OF THE ELECTRIC SERVIC THE LESSEE COVENANTS AND AGREES THAT UPON THE TERMINATION OF LEASE OR UPON VACATING OR ABANDONING THE DEMISED SITE, HE WIL LEAVE UNDISTURBED THE PAD, WATER, SEWAGE AND ELECTRIC INSTALL, TIONS, AND IT IS UNDERSTOOD THAT NO CLAIM FOR COMPENSATION. WI BE MADE AGAINST THE LESSOR FOR THE COST OF ANY PART THEREOF. PROVIDED THAT THE LESSEE REMAINS IN OCCUPATION OF THE DEMISED PREMISES AFTER THE EXPIRATION Of THE TERM HEREBY GRANTED WITH, A 'WRITTEN AGREEMENT TO THE CONTRARY, HE SHALL NOT BE DEEMED T, A TENANT FROM YEAR TO YEAR, BUT SHALT, BE A MONTHLY TENANT AT . RENTAL EQUIVALENT TO THE MONTHLY PAYMENT OF RENT HEREIN PROVT FOR, PAYABLE 'IN ADVANCE, AND ALL THE TERMS AND CONDITIONS HER: AS FAR AS APPLICABLE, SHALL APPLY TO SUCH 14ONTHLY TENANCY. THE LESSEE AGREES THAT THE FOLLOWING REGULATIONS SHALL BE PAR' OF THE LEASE. 1. NO MORE THAN ONE TRAILER MAY BE LOCATED ON ANY LOT. 2. NO BUILDING OR STRUCTURE OF ANY NATTIRE SHALL BE ERECTED ON ANY SITE EXCEPT: (A) A UTILITY SHED, OR IN LIEU OF SUCH A ONE CAR GARAGE OF THE SAME DIMENSIONS, MAY BE ERECTED AT THE REAR OF THE TRAILER AND SHALL NOT EXCEED ONE STOREY IN HEIGHT, THE MAXIMUM OF 14 FEET IN WIDTH AND THE MAXIMUM OF 20 FEET IN LENGTH, THE FRONT OF THE UTILITY SHED OR GARAGE SHALL NOT EXTEND BEYOND THE REAR OF OR BE LOCATED LESS THAN TEN FEET FROM THE TRAILER AND/OR ANY PORCH OR ATTACHMENT THERETO. THE UTILITY SHED OR GARAGE SHALL BE LOCATED NO CLOSER THAN FOUR FEET FROM ANY SIDE OR REAR LOT LINE. (B) AN ADDITION OR PORCH, NOT EXCEEDING THE HEIGHT OR FLOOR AREA OF THE TRAILER, MAY BE BUILT ON TO THE TRAILER PROVIDED IT DOES NOT EXTEND BEYOND THE FRONT OR REAR OF THE TRAILER AND IT SHALL CONFORM WITH EXISTING ZONING AND BUILDING BY—LAWS. THE TRAILER ITSELF SHALL FORM ONE OF THE WALLS OF SUCH ADDITION AND THE ADDITION SHALL CONTAIN A FRONT - EXIT -DOOR AND ALSO A REAR EXIT DOOR IF THE TRAILER CONTAINS ONLY ONE 'DOOR OR IF ALL TRAILER DOORS ARE COVERED BY THE ADDITION . THE DOORWAYS IN THE ADD- ITION SHALL BE KEPT CLEAR OF OBSTRUCTION AT ALL TIMES. THE ADDITION SHALL BE PAINTED IN THE -SAME (C) COLOUR SCHEME AS THE MlLn. IF ANY. HEATING .APPLIANCE -. OTHER. .THAN-THE.DRIGIMAL. TRAILER FURNACE IS TO BE INSTALLED THE WRITTEN APPROVAL OF THE FIRE CHIEF SHALIT BE OBTATZMD`-PRIOR- TO ANY SUCH INSTALLATION. (D) A BUILDING PERIIIT SHALL BE OBTAINED FROM THE BUILDING INSPECTOR BEFORE ANY CONSTRUCTION IS COMMENCED. (E) ALL TRAILERSSRA-LLBE COMPLETELY SKIRTED TO THE GROUND AND THE SKIRTING PAINTED. 3. THE LESSOR MAKES NO WARRANTY, EXPRESS OR IMPLIED, REGARDI THE ,CONDITION OF THE SAID LAND OR THE SERVICES TO BE PRO- VIDED THEREON AND, WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, MAKES NO WARRANTY AS TO THE PROVISION OF OR CONTINUITY OF THE PROVISION OF WATER, ELECTRIC POWER, SEWAGE, ROADS OR OTHER MAINTENANCE SERVICES. A. SHOULD THE SAID LAND BE 5ITUArED SUCH THAT A CULVERT IS REQUIRED IN ORDER TO GAIN ACCESS UNTO IT THEN THE LESSOR WILL PROVIDE THE NECESSARY CULVERT, SUCH TO BE AT THE LESSOR'S DISCRETION, AND COVER OVER SAME. A SPECIAL FEE OF DOLLARS SHALL BE PAID BY THE LESSEE TO THE LESSOR PRIOR TO THE INSTALLATION OF THE SAID CULVERT. 5. THE LESSEE MAY TERMINATE THIS LEASE AGREEMENT BY GIVING TO THE LESSOR BE REGISTERED MAIL, THIRTY (30) DAYS WRITTEN NOTICE. 6. ANY REFUND MADE OF UNEARNED RENTALS OR OTHER FEES APPLICAB TO THIS LEASE SHALL ONLY BE FOR PREPAYMENT OF SUCH REPRE- SENTING ANY FULL CALENDAR MONTH DURING 'WHICH THE LEASE WAS NOT IN EFFECT FOR ANY PORTION OF THAT MONTH. T. UPON THE TERMINATION OF THE LEASE THE LESSEE SHALL REMOVE HIS TRAILER AND ANY VEHICLE FROM THE SAID LAND IMMEDIATELY; AND WITHIN SEVEN DAYS HE SHALL RE11OVE ANY PORCH, TRAILER ADDITION, UTILITY SHED, GARAGE OR OTHER PERSONAL PROPERTY AND, IT NOT SO REMOVED, THEY SHALL BELONG TO AND BECOME THE PROPERTY OF THE LESSOR. IN WITNESS WHEREOF THE LESSOR HAS HERETO AFFIXED HIS SEAL UNDE THE HAND OF ITS PROPER OFFICERS, AND THE LESSEE HAS HEREUNTO SET HIS BAND AND SEAL. SIGNED, SEALED AND DELIVERED AT THIS DAY OF , 19 WITNESS THE CORPORATION OF THE TOWNSHIP OF .......................... REEVE ... ...... ............... CLERK-TPEASURER� ................... ......... L.S. LESSEE . . . . . . . . . . . . . . • . . . . . . . . . • . . . . . . . . . . . . . • . . . . . . . . . . . . . • • • • • ! ! APPROVED BOARD RESOLUTION NO. DATED C6 as. Box 110, Wasaga Beach, Ontario, Canada LOL 2PO August 24, 1995. Town of Port B u rwe I I, + Box 10, Port Burwell Ont NOJ 1TO. Dear Madam: RE: Tower of Wasaga Beach Business Licencing By -Law 81-6 Tourist & Trailer Parks r "4 0 101 Further to our recent telephone conversation regarding the above matter, please find enclosed a copy of that part of our Business Licencing B -Law 81-6 dealing with tourist and trailer parks. You will notice that a Zis not charged, and as I advised you by telephone, the regulations for the parks were taken directly from the Smcoe County Health Unit requirements. The By -Law was passed in 1981. If you have any further questions regarding the enclosed, please do not hesitate to contact me. Yours very truly, (Mrs) IW. Watson, Business Licencing Officer_ Imw encls. Administration: (705) 429-3844 By -Law: 429-2511 Public Works: 429-2540 Fax: 429-6732 Recreation: 429-3321 Fax: 429-8226 Building: 429-3847 Amb0ance: 429-4655 Fire Department: 429-5281 TOWN OF WASAGA BEACH BY-LAW NO. 81-6 A BY-LAW RESPECTING THE ISSUE OF LICENCES WHEREAS it is deemed expedient to amend and consolidate certain of the Licencing By -Laws of the Town of Wasaga Beach and to require certain► additional licences not heretofore provided for: AND WHEREAS the Council of the Corporation of the Town of Wasaga Beach has, pursuant to The Municipal Act, R.S.O. 1970, c.284 as amended and other Acts of the Legislature, authority to enact this By -Law; NOW THEREFORE the Council of the Corporation of the Town of Wasaga Beach enacts- as fcllows: TITLE 1. This By -Law maybe cited as the Consolidated Licence By -Law of the Town of Wasaga Beach. DEFINITIONS 2. For the purpose of this By -Laws (a) "Applicant" means the person applying for a licence pursuant to this By -Law; (b) "By -Law Officer" means the person or persons, appoin- ted by by-law as the By -Law Officer by Council of the Corporation of the Town of Wasaga'Beach,- (c) "By -Law Officer" means the person or persons, appoin- ted by by-law as the By -Law officer or Municipal Law ,Enforcement Officer by Council of the Corporation of the Town of Wasaga Beach; (d) "Clerk" means. the Clerk of the Town of Wasaga Beach; (e) "Corporation" means the Corporation of the Town of Wasaga Beach, unless the context implies otherwise; (€) "Fire Chief"* means the Chief of the fire Department of the Corporation of the Town of Wasaga Beach; (g) ",Medical Officer of health" means the Director of the Simcoe County health Unit; (h) "Month" means a calendar month; (i) (i) "Operates" means carries on, engages in, conducts, maintains or keeps, and "operating" has a correspon- ding meaning; CEATIFIrDTO'Of: ATFILICANDVA, fOPY 0°1FVV �::I� r; !i:/U / Y 14V ... 2 Page 2 CONSOLIDATED LICENCE BY-LAW (it) "Operator" means a person who directly or Indirectly carries on, engages in, conducts, maintains or keeps a business, trade, occupa- tion„ calling, object, amusement vehicle, thing, place or premises, either himself or through an agent or employee; (j) "Person" includes an individual, a partnership, a corporation, or any group of individuals, par- tnerships or corporations comprising a society or other organization, and shall also include the plural wherever the context so requires, and wherever the word "him" is used, it shall mean and include the feminine or neuter gender where - ever the context so requires; (k) "Public Health Inspector" means one of the Public Health Inspectors of the County of Simcoe; (1) "Treasurer" means the Treasurer of the Corporation of the Town of Wasaga Beach; (m) "Undertaking" means a business, trade, occupation, calling., object, amusement, vehicle, thing, place or premises as mentioned from time to time in Sche- dule "A" hereto. LICENCE REQUIRED 3. Every person who operates an undertaking set forth in any part of Schedule "A" annexed hereto and forming part of this By -Law, shall take out a licence from the Corporation authorizing him so to do, for which said licence the person obtaining the same shall pay to the Corporation the licence fee fixed by this By -Law set forth in Schedule "B" annexed hereto and forming a part of this ay -Law, and no person shall within the limits of the Cor- poration, operate the said undertaking until he has obtained such a licence so to do. APPLICATIONS 4. Upon application for a licence respecting an undertaking men- tioned in Schedule "A" of this By -Law, the applicant shall comp- lete the prescribed forms and shall furnish to the Council such information as the Council may direct to be furnished. INVESTIGATIONS 5. The By -Law Officer shall, upon receipt of the said application for a licence, make or cause to be made, all the investigations which he deems necessary or which by law or direction of the Council are required relative to the application, and shall ...3 Page 3 CONSOLIDATED LICENCE BY-LAW communicate the findings from such investigation to the Council. ISSUE OF LICENCE 6. If the said investigations so made do not disclose any reason to believe that the applicant's character may not be good, or e that the operating of the said undertaking may result in a breach of the law, or may be in any way adverse to the public interest, the By -Law Officer or any person designated by the Council may, in the absence of any instructions from the Council to the con- trary, issue the licence. 7. (a) If the investigations so made disclose any reason to believe that the applicant's character may not be good, or that the operating of the said undertaking may result in a breach of the law, or may be in any way adverse to the public interest, the By -Law Officer shall forthwith refer the said application to Council; (b) The Council shall consider at a public hearing all ap- plications referred to it by the By -Law Officer and, in exercising the discretion conferred on it by law. the Council shall take into account the character of the applicant, the question of whether the operating of the said undertaking result in a breach of the law, or may be in any way adverse to the public interest, and any other matter which it is authorized by law to consider upon such application, and the Council may grant the licence applied for or may refuse to grant such licence, or if the applicant signifies that he is prepared to accept conditions upon his licence and to make no objec- tion to such conditions, may grant a licence to the ap- plicant upon such conditions as the Council considers appropriate and as are authorized by law. SIGNATURE ON LICENCE S. The By -Law Officer, or such other person as.may from time to time be designated by the Council, shall sign each licence issued pursuant to this fay -Law, and such licence shall be in such form as the Council may from time to time direct. I u slw iii�rewffy 9. (a) Every person obtaining a licence under this By -Law, where the same applies to an undertaking operated in a place or premises shall keep his licence posted up in some conspicuous location on the said place or prem- ises, and every person so licensed shall, when so re- quested by any person authorized by the Council or by ...4 Page 4 CONSOLIDATED LICENCE BY-LA;V this By -Law, produce the licence for inspection; (b) Every person obtaining a licence under this By -Law, where the same applies to the operating of such person, shall carry his licence with him when engaged in the undertaking; for which the licence is issued, and every person so licensed shall, when so requested by any person authorized by the Council or by this By -Law, produce the licence for inspection. INSPECPIONS 14.. Any person duly authorized by the Council or by this Fay -Law may at all reasonable times inspect any undertaking in respect i of which any person has or is required to haye a licence under this By -Law, and any such person so authorized may inspect any goods, articles, books, records and other documents of or re- lating to any such undertaking, and no person who has or is re- quired to have a licence under this By -Law shall obstruct or hinder the making of the inspection aforesaid, or cause or per- mit the same to be obstructed or hindered, PARTNERSHIPS, ETC, 11. Where two or more persons operate in a partnership, society or organization, any of the undertakings mentioned from time to time in Schedule "A" hereto the licence may be issued in the name of one partner only, but when the application for the lic- ence is made, the name and address of each member of the partner- ship shall be set out therein. LICENCES PERSONAL 12.(a) No person shall enjoy a vested right in the continuance of a licence issued under this By -•Law; (b) No licence shall be transferred except with the consent in writing of the Council, and the Council shall not be bound to give such consent. DVWVMATTnM 13.(a) The Council may revoke and cancel any licence issued under the 'By -Law, where such power to revoke and cancel may, pursuant to The Municipal _Act or any other Act, be exercised by by-law of a Council of a municipality; and, without limiting the generality of the foregoing, the Council may revoke and cancel any and all licences held by a licensee for any of the reasons set out in Section 7 of this Fay --Law, and for a violation by the licensee of any of the provisions of this By -Law, including any ...5 CONSOLIDATED LICENCE BY-LAW page 5 provision in any of the schedules hereto attached, but before revoking and cancelling any such licence, the holder thereof shall be given at least seven days' notice mailed or delivered to his address last known to the Council or app�.aring in the application him - 'for a licence, and shall be permitted, either by self or by his representative, to appear before the Council to show cause why he believes such licence should not be revoked and cancelled; lation (b) Upon the revocation and �athellicenseefshalllicence return ` issued under this By - Law, the licence to the By -Law officer forthwith, and no person shall refuse to deliver the licence to the By - Law Officer or in any way prevent or hinder the By - Law officer from receiving or taking the same. NOTICE OF REVOCATION 14. Notice of the revocation and cancellation of any licence may be given by registered letter or otherwise delivered notice, rized signed by the By -Law officer ®therwiseother delperson ivered to the oaddress by the Council and mailed or application for a last known to the Council or appearing in the licence, and upon such notice being given, the revoked and can- celled licence shall cease and terminate and be of no further effect. PIRY DATE Xs All licencepursuant to this By -Law shall, unless they are expressly issued for a shorter tihea�stnnd sh dayofDecember ey are oofethe revoked and cancelled, expire on year for which they are issued. LICENCE REGISTT;ft 16. The By-LawOfficer shall keep a licence register in which shall s, the be recorded the full name and ad�ress whichftheeach licenseeeoneratesd dress of the place or premises the undertaking for which the licence was issued, and the make, model, year and provincial licence number of each vehicle lic- enced, the number and date of issue of the licence, the amount of the licence fee paid therefor, the date and expiry of the licence, the type of licence issued, and any other particulars i to the same which .are useful or are or observations pertaining necessary. .6 Page 8 CONSOLIDATED LICENCE BY -LAN DUPLICATE LICENCE6 17. In the event that the licence issued under this By -Law is lost or destroyed, the By -Law Officer shall, upon production of satisfactory proof of such loss or destruction, and upon payment of the fee of $2.00, issue a duplicate of the original licence, upon which there shall be stamped or marked the words, "DUPLICATE". and shall make a corresponding entry in the licence register. NUISANCE ABATEMENT 18.(a) Every person licenced under this By -Law, invaddition to any other requirements expressed elsewhere in this 'By - Law, shall: (i) At all times keep clean and safe and in good con- dition and repair any object, amusement, vehicle, place or premises used by a licensee in connection with the undertaking for which he is licenced under this By -Law; (ii) Cause, suffer or permit no nuisance to arise in, on, or in connection with the undertaking, for which his licence was issued; (iii) Cause, suffer or permit no shouting, noise or other disturbance on, in, or in connection with the undertaking for which his licence was issued, which is unnecessary, unreasonable, or contrary to any by- law prohibiting the same, and if any such shouting, noise or other disturbance shall occur, he shall at once take steps to cause the same to be abated; (iv) Cause, suffer or permit no obstruction on any highway, lane or public place in front of or adjoin- ing the undertaking for which his licence was issued; (v) Cause, suffer or permit no profane, offensive or abusive language or disorderly conduct in, on, or in connection with any undertaking for which his licence was issued; (vi.) Cause, suffer or permit no breach of any by-law of the Corporation or of any statute, order, condi- tion of the Council, or regulation of the legislature in, upon, or in connection with the undertaking for which his licence was issued; (b) Every person*licenced under this By -Law is"res,ponsible for the due observance and performance ❑f all the pro- visions of this By -Law by himself, and by all other persons in or upon or with whom he enjoys a contractural Mi Page 7 CONSOLIDATED LICENCE BY-LAW relationship, in respect of the undertaking for or in relation to which his licence was issued. j APPLICATION OF SCHEDULES "A" AND "B" 19. Every person applying for or holding a licence under this By -Law shall in such application or in the operating of the undertaking in respect of which the licence was issued, observe, comply with and be governed by the regulations set out in Sche- dule "A", which relate to such person or such undertaking, and shall pay the fee set out in Schedule I'D", attached hereto and forming part of this By -Law, which relates to such licence, and ' which is hereby fixed as the amount of the annual fee for such licence unless specified otherwise. , y OFFENCES 20. Any person convicted of any breach of this By -Law shall in addition to any cancellation and revocation of licence, if any, forfeit and pay as follows: (a) For every Transient Trader who operates without a licence a penalty equal to the licence fee that he should have paid, and in addition thereto, the sum of not less than $100.00 and not more than $500.00, exclusive of costs. Every Transient Trader who fails to prominently and permanently display in his place of operation his licence, a penalty of not less than $1.00 and not more than $10.00, exclusive of costs; (b) For every Hawker and Peddler and non-resident Photo- grapher who fails to produce licence, a penalty of not less than $1.00 and not more than $5.00, exclu- sive of costs; (c) For a breach of any of the provisions of this By -Law, other than those hereinbefore in this Section referred to, at the discretion of the convicting Judge, a pen- alty not exceeding $1,000,00, exclusive of costs. ULTRA VIBES SECTIONS OR PARTS 21, Should any section of this By -Law, including any section or part of Schedule "A" or Schedule "B", be declared by a Court of competent jurisdiction to be ultra vires or illegal for any other reason, such offending section or ,part shall be deemed + to have been severed from same, and the remaining sections or parts shall continue in full force and effect and shall never- theless remain valid and binding. .8 Page 8 CONSOLIDATED LICENCE BY-LAW BY-LAWS REPEALED 22, All By -Laws inconsistent with all valid parts of this By -Law be and they are hereby repealed, but all licences heretobefore issued pursuant to any such by-law shall, during the period for which the same has been issued, remain in full force and effect unless for any other reason, the same are revoked and cancelled and provided that such repeals shall not effect any offence com- mitted against any said by-law or any penalty incurred in re- spect thereof, or any investigation, legal proceeding or remedy may be continued or enforced and any such penalty may be imposed as if the said by-law and amendments had not been repealed. EFFECTIVE DATE OF BY-LAW 23. This By -Law shall come into force and take effect from and including the 10th day of February, 1981. Read a first and second time,(, this O'`May of 1930. L Read a third time and finally passed this 10(4 day of U SC}tFDULR A-31 60 IST AND TRAILER CAMPS DEFINITIONS: In this Schedule: "Campsite" means an area of land in the tourist (a) designated for,the use of one and. trailer camp campers; Party of tourists or camp s the individual i ndivi b "Operator" meanfor theoperaiions [� onsi who have the reap bility the to and trailer camp and maintenance of lands and facilities; and any Parcel. �cj "Tourist Camp'. includes auto camp remises equipped with cabins used or of land or p public, maintained for the accommodation of the p main - remises used or and anY parcel. of land or P round for the twined as a camping or Parking g whether aid or ther or not a fee or charge is public, p use thereof; made for the rental or ereof' operation con- (d) "Tourist and Trailer Camp means an sil of or a trailer camp or tingf a tourist cam both, operated in one location as one esta 'bichh anYt+ b on wh (e) "Trailer Camp" includes any land or up tructed that it is suitable for being so cons vehicle, purpose of being attached to a motor vehicle for vehicle, is placed, drawn or propelled by the motor that t or maintained, notwithstanding located, kep or that its running Sear such vehicle is jacked up vehicle unless it is removed, but not including any or eating accommo- is used for the living, sleeping ma mob- ile therein, but not including lotion of P meaning of Section 35c of The home within the 1J7©, c.349, as amended; vianning Act, R.S.O• rns the time from 2359 hours Sunday ($ ) ,Quiet }lours means and SundaY , to to Thursday and C1147'6 hours Saturday quiet shall o6Qo hours each day during which hours be maintained. APPLICATIONS. All applications for a rauthorized trailer agent b 2. LICENCE ApPL the owner or by his camp licence shall be made Y and shall: Inspector ' [a) Be made in a form prescribed by the Building aga Beact}� for the Town of Was (b) 'Be signed by the owner or his authorized agent; .61 31 Ffs'%i_ SCHEDULE -31 page 61 al description of the {c} State the location and leg tourist and land proposed to be used for the trailer camp site plan of Include copies in triplicate of a (d) showing: the tourist and trailer camp, (i) The area and dimensions of the tourist and trailer camp; sites; The number, location and size of all camp and use of all existing or The sine, location proposed buildings and structures; design and specifications of all (iv) The location, footways, parking existing or proposed roadways, water s sewer, septic tanks and the beds, facilities, telephone lines, lines, gas lines, drainage culverts, facilities: 1 lines and outdoor lighting electrical supp y ro used {,�} The location and area of all existing or P -p recreational areas; esses the (e) Contain the names and residence andrtraileorfcamp; o and r and the operator of the tourist a Law or information required by this By - Law Contain further Inspector. any other by-law, or by the said Building n tourist and trailer camp shall 3. 0_PER� Ate; The operation of any plan submitted with the appli- be i❑ accordance with the said site P cation for licence. � mall tourist and trailer camp The operator of every with the fol- 4. REGC]LATIDNS: Hance comply with,. and the owner shall ensure comp lowing regulations: sites: Every campsite shall be laid out so that (a) Cam�� separation is provided between tents, an 8-foot isles or trailers; (b) Roadways and Entrance: i The entradee or entrances to ash torrtrailer ( ) trailer camp shall have on the tourist a minimum clear width of 24 feet of m camp property of at least 40 feet roadway surface for a distance from the public street or highway;camp {ii} The operator of the tourist suand fficiente access shall be responsible to provide for emergency vehicles to the campsites;trailer (iii) All roadway surfaces in the t4re�entavehieles camp shall be constructed so as to P ted tprevent from becoming mired and shall travelling dust from being generated by the vehicles on them, or by the wind; ,.62 Page 62 SCHEDULE A-31 (iv) The speed of vehicles within the confines of the tourist and trailer camp shall be limited to a maximum speed of 16 kilometres per hour, and an adequate number of signs shall be posted in- dicating maximum speed. (c) Parkin (i) In each tourist and trailer camp, parking spaces shall be provided at the rate of one space for each campsite; (ii) In each tourist and trailer camp, visitor parking spaces shall be provided at the minimum rate of one space for every eight campsites; (iii) Each parking space shall be at least, l0 feet wide and 2Q feet long. (d) Services: (i) Washroom facilities for men and women shall be either in separate buildings at least 20 feet apart, or if in the same building, be separated by a solid sound -proof wall; (ii) Washroom buildings shall have privacy partitions at the entrances for the purpose of preventing people who may be standing or passing by outside from seeing into the structure; (iii) Every flush toilet shall be enclosed in a private compartment with a door that can be latched from the inside; (iv) Washroom buildings shall be adequately lighted at all times, and shall be maintained in a clean and sanitary condition and property ventilated; (v) Washbasins, flush toilets and urinals shall be provided in the required numbers, as stipulated in the following table; Table (v)(a) For Females For Males Flush o. of 'Basins Flush Toilets Urinals Basins Toilets ampsites 1 - 10 2 2 0 2 2 11 - 25 2 2 1 2 3 26 - 50 3 3 1 3 4 51 - 65 4 4 1 5 ` - 90 66 5 4 2 5 6 91 - 120 6 5 2 6 7 121 - 150 7 5 3 7 8 151 - 190 8 6 3 8 1.91 - 230 911 6 4 9 1 10 W:S] Page 63 SCHEDULE A-31 (vi) Showers and dressing areas shall be situated in private compartments with doors that can be latched from the inside; (vii) Every tourist and trailer camp shall have a septic tank system, approved by the Simcoe County Health Unit, to service the washroom facilities prescribed in Section 5(d)(i), unless municipal ser- vices are available; (viii) Every tourist and trailer camp shall have as part of its sewage disposal system, facilities into which the contents of trailer holding tanks may be discharged. Each facility for the discharge of waste shall have a pipe or inlet set in the centre of a concrete pad not less than 5 feet by 5 feet, the sur- face of which shall be sloped to the centre to ensure that any spillage will flow toward the inlet. A tap and pressure hose shall be provided for the washing down of the facility, which shall also be disinfected at .regular intervals; (ix) Every tourist and trailer camp shall have at least one cold water tap from which potable water can be drawn, which is centrally located to every 15 camp- sites; (x) Every tourist and trailer camp shall have a sur- face water drainage system which will prevent flooding of any part of said camp that may result from rainfall or water runoff. (e) Fire Protection: (i) No fires shall be allowed in a tourist and trailer camp other than in fire pits as described below, and no fire with flames in excess of 2 feet in height shall be allowed; (ii) No fire pit shall be more than 3 square feet in area; (iii) Fire,Extinguishers: one fire extinguisher with a rating of 2A 20 BC shall be provided for every 15 campsites and shall be kept in the operator's office. (f) Garbage and Trash Receptacles: (i) Every tourist and trailer camp shall have a sturdy receptacle at each campsite pr one or more centrally - located sturdy receptacles of adequate size for groups of campsites to be used for the temporary storage of ;garbage and trash. These receptacles shall be made of material which cannot be penetrated by rodents and which is not porous, nor absorbent and is capable of being washed and disinfected; ...64 page 64 SCHEDULE A-31 (ii) The operator shall be responsible for having garbage and trash removed from temporary storage receptacles when such receptacles have become full or at intervals of not less than onceevery 48 hours during periods when the maximum daily temperature in the sun exceeds 15 degrees Celsius. (g) Cleanliness: The operator shall maintain the grounds, service buildings and facilities in the service buildings in a tidy, clean and sanitary condition. (h) Quiet Flours: The operator shall be responsible for en- forcing quiet hours, and the operator shall post in a conspicuous ;place in the office of the said camp, a no- tice of such quiet hours, as defined in Section l(f) of this By -Law, and shall be responsible for the enforce- ment of same. 5. SUPERVISION: Either the owner or operator shall be in attendance at such owner's tourist and trailer camp at all of the times and during which times such camp is open to the public or any member thereof for business. 6. OCCUPANCY REGISTER:. (a) The operator shall keep an occupancy register containing a record of information as follows: (i) The name and address of such camper; (ii) The make, licence number and name of the Province or State issuing such licence; (iii) The date of arrival and departure of each camper or individual party of campers; and ;iv) The identification number of the campsite or camp- sites occupied by each camper or party of campers. (b) The occupancy register shall be available for inspections at all times by public servants, officers or officials, whose duties necessitate the use of the information con- tained in the register; (c) The occupancy register shall be kept current by the operator, shall be maintained by the operator, and shall not be des- troyed for a period of two years following the date of regis- tration. 7. COMPLIANCE: Every tourist and trailer camp shall conform to the provisions of this By --Law, and all other applicable by-laws of the Town of Wasaga 'Beach, and all applicable provincial and Federal Laws. r71- page pESCIPTION OF LI SCII other Roller Skatin Amusemennks t nd L e P aces o n ether Like err --Rounds a Contr vances rink - each roller skating - .each go-cart track - each game of skill or chance for prizes - each place of amuding but trnot contrivancetin,following: limited - each merry-go-round - each carousel - each roller coaster - each ferris wheel - each shooting gallery - each miniature golf course - each trampoline centre Second-kiand Goods - each location g ecial Sales Tourist Accommodation - each unit Tourist and Trailer Cam' s Transient Traders 5 SCHEDULE A REFERENCE A-27 $ 15.00 25.00 0 A-28 A-29 A-30 A-31 A-32 Q*=Q@.. 15.00 15.00 15.00 15.00 15.00 15.00 15.00 15.00 20.00 10.00 2 .00 wil $25.00 max. nil 500.00 XI. Lh MUNICIPAL LAW (2206 - 22121 2206. ( X1 I.h) Regulation and llcetating - Regulation of businesses Sillyagr yards - Interpretation of term - Mu cipal All, RS.O. 1960,.c. 249. s. 3690). Accused was convicted of unlawfully owning or keeping a saleaaggc yard at a site within a municipality without having obtained from the municipality- a licence to do so. The building materials. contained in struc- tures demolished dhy accused, were stored at the site and were re offered to the public fix sale- On appeal. held, the appeal should be dismissed- The fact that in such a yard further salvaging operations were performed beyond those performed at the site of the original demolition for the purpose of making the material more usable or marketable, did not being the yard outside the by-law. The fact that some new building material was stored and offered for sale at the site in addition to the salvage material did not remove the yard from the operation of the by-law. and it made no difference that the sales of new material far exceeded those of salvaged material. R. v. Greenspoon Brothers Ltd., [19651 2 O R- 528. (sub nom. R. v. Greenspoon Brokers Ltd.) [ 196314 C.C.C. 53 (C.A.). 2207. ( M.1.h ) Regulation and licensing Regulation of bust nesses - Salvage yards - O� plan - Nature and effect - Na effective iastru- merit restricting land user - Planning Act. RS,O. 1960, c- 296, tea. 10-20. Appellant was refused a licence for a salvage yard on the ground that the official plan of the municipality designated the land in question for uses not including that of a salvage yard. Held. the official plan was no more than a statement Of intention of what. at the moment. the municipality planted to do in the future, and. not being an effective instrument restricting land user. could not be considered in refusing the licence. Steven Po)an Ltd, Y. (Metropolitan Licensing C'amumaLdon). 11961 ] it R. 810. 29 D-I.X (2d) 620 (H.C.). 2208. ( X1 Lh) Reeggulation and licensing - Regulation of businesses - Salvage yards - Exercise of licensing power to restrict user pending passing of zoning by -Is w - Muracipal Act. RS.(i, 1960, c. 249, sa. 247, 396. Applicant applied for a licence to operate a salvage yard under a by-law which was passel for the regulation of salvage Yards. After the ap- plication had ongtnally been approved, a resolution was passed to refuse the licence because a zoning by-law, which had had two readings. would prohibit such use. On an ap- plication for mandamus, held, the application should be granted. The council could not. by nhe exercise of its licensing po+vens, in reality use them for restncting land rise pending the passing of a restrictive by-law, in the eir- cumstanccs the application should not be ad- journed sine die until the zoning by-law was passed and considered by the Municipal Board. Wilcox v. Pickering (Township). [ 1961 ] O.R. 739. 29 D.L.R (?d) 428 (H.C,)- 2209. (XIA,h) Regulatlon and licensing - Regulation of h"nesses - Salvage yards - Municipal Act, R.S.O. 1927, c. 233, s. 399(Z5). Whether junk shop a "secondhand" shop. Toronto (City) v. Mandelbaum. (19321 O.R. 552. (193 213 D.L.R. 604 (H.C.). Tourist and trailer camps 2210. ( X1.1 it Relplation and licensing - Regulation of businesses - Tourist and trailer camps Municipal Government Act, R.S.A. 190, C. M-M s. 224. Town increasing business licence fee for mobile park operators where Act precluding increase in fees paid directly by rttcibilc home owners hpphcasIon to quash law for illegality dism-issed -Increase in fees incidental to regulating business of mobile home parks - Increase not constitut- ing indirect taxation - By-law valid. Falardesu v. Hinton (Towel (1985). 40 Alta. L.R. (2d1 311, 21 D-L-R. (4th) 477. 65 A.R. 387 (C.A.), affirming on other �o�nds {{19113}, 29 Alta L.R. (2di 83, 24 M.P,L.R. 85. 3 D.L.R. {4th) 259. 5() A.R. l20 ((�.B.). leave to 1 to S.C.C. refused (19135 ), 40 Alta. L.R. (2d) liv n. 21 D.L.R. (4ah1477n. 65 A.R. 320 (rote). 64 N.R. 394 (note) (S.C.C.). 2211. ( XI.I.i) Regulation and lietn a - Regutlation of btitdntsses -Tourist and trailer camps - C� and Towns Act, R.S.Q. 1%4, a 193. 9431). By-law prohibiting use of trailers as hornets and parking of same in residential areas - No provision in Act permitting enact- ment of by-law - By-law declared ultra rises. Labelle c. St -Laurent (Cilk) (1979), 10 M.P.L.R. 251 (C.& ( ut!.). 2212. (xl.l.i) Regulation and licensing -Regulation of businesses - Tourist and r amps. Township prohibiting living in traileir - 'Trailer'defined as vehicle - Appellants set- ting mobile homes on concrete pillars and connecting various services - Homie not vehicle because not used as means of con- veyance - Also. not suitable at date of is- suance of writ for being attached to vehicle - Injunction refused. Moore (Township) v. Farr. [1978) 2 S.C.A. 504. lit D.L..R. (3d) 755, 19 N.R. 341. reversing (1976). 11 O.R. (2d) 781 (C.A.). 12213 - 22161 REGULATION AND LICENSING X1.I.i 2213. ( XI-1-0 Regulition and licensing Regulation of businesses - Tourist and tr ter ream By-law prohibiting use of trailers except In designated arts - Referring to other by- law wherein designated aura described - Whether by-laws operatingas one - Munici Act, R.S.O. 19W c. 249. !s. 379(lp151, 40i1115. By-law R of appellant township prohibited persons "from using any trailer ... for more than sixty days in any period of ten consecutive norms. except in a trailer camp licensed by the Treasurer . pursuant to By-law No, 39." By-law 39 provided for the licensing of trailer camps and set out a metes and bounds description of the land where camps could be Operated. Respondent was chatted with violann8 By- law 18 but the cisarge was dismissed. Respondent's argument was that he could not ascertain from the by-law where he could park his trailer. An appeal by trial de novo was dismissed but on further appeal. held, the appeal should be allowed. By-law 18 incor- porated By-law 39 so they operated although separate by-laws, as one by-law and By-law 3ti did describe the area in which a trailer could be Appellant was empower under s. 3-85 and s. 401115 of the Act to prohibit the use of any trailer within the township except in arras which it chose to designate and in any Licensed trailer camps. R. Y. Boss (1970). 119711 1 O.R. 3. 14 D.LR. (34) 269 (C.A.). 2214. (13.1.0 Reguiation and licemfng - Refit of businesses - Tourist and trailer Camps Offences - Occupation, of dwelling utsii Desk conforming to �tioas to sadsiaction of nane iefor Whether notice condition precedent to prosecution. S. fl of the relevant by-law provided that no person should occupy for human habitation a dwell- ing unit unless it conformed to certain regula- tions to the satisfaction of the inspector. S. Ill. provided that in case of non -conformity the inspector could notify the owner by registered letter specifying the alleged defect. whereupon the owner should remedy the defect within 2 months. Accused was con- victed of unlawfully using a trailer for human habitation which did not conform to the regulations to the satisfaction of the inspector. The charge was laid less than 2 months after a kttet requiring certain defects to be remedied had been sent to accused. An appLal from the conviction was dismissed. On punier appeai. field, the appeal should be dismissed- Ss. 1] and. III created separate offences, and the writing of a letter and the elapsing of ape nod of 2 months was not a condition prtcerieruI to a charge under s. 1I but was only relevant to a charge under s. Ill. which would be for failure to rectify the defect specified. In the present cast, there was a charge under s. lI only. R. Y. Brownhilt 09591. 126 C.C.C. 355 (Ont. C.A.I.. 2215. f X1.1-il Reeplation and licensingq - Regulation of businesses - Tourist and trailer camps - Tndkr camp - Applicability of local by- laws, regulations. etc. - Municipal Act, RS.O. 1950 c. 243. ss. 301)(91a1. 41302) - Tourist Establishments Act, R.S.O. 1950, a 393. S. 413021 of the Municipal Act should be read with the Tourist Establishments Am and municipalities have the powers confenred upon them by s. 413(121, subject only to the necessity for conforming to the provisions of the Tourist Establishments Act and the regulations passed thereunder in so far as they may affect tourist camps or uaikr camps that are tourist establishments within the meaning of the latter Act. If any trailer camp Or tourist camp Licensed by the municipality is in fact a tourist establishment within the meaning of the laver Act. the licensee should conform to the regulations ppaasssed under that An, and in any event he should comply with all other provincial and municipal laws. by-laws. slid regulations lawfully applicable thereto. R. v. Kneepthan. [19531 O.W.N. 541. 106 C.C.C. S9 (EA,). 2216. ( XI.I -i) Reeggulation and licensing - Regulation of businesses - Tourist and trailer camps - Oper-ation of tourist amp without licence Impossibility of compliance wish y� law operation prior to pas st� of by�w - Ulication of by law 1lindchp�l Act O. 1950, c. W. see. 2f3(5], 413(12). A by-law was passed which, by way of regulat- Ing and governing trailer camps, rmposm cer- tarn conditions and specifications with which "" trust comply. Among them was one which required that: 'Wave from showers. Bath tubs. toilets. slop sinks and laundries shall be discharged into The Township Sewer System Appellant owned it lot and was operating a trailer camp thereon. Appellant did not at any time apply for a licence. It would have been useless for her to do so because she could not comply with the con- ditions respecting sewage- Appellant argued that the by-law could have no application to the trailer camp which she was operating tie - cause it had been established and was being operated by her prior to she passing of the by-law. Held. the by-law should be conmed as regulating the manner in which trailer camps should be operated. that is to 50 their physical charaetenstics. and not the pplace in which they might be located- S. 263(5) of the Act had no application to this case. Accord- ingly the by-law applied to appellant's busi- ness notwithstanding that it was being con- ducted before the by-law was passed- R, v. Deaute, (19511 O.W.N. 531. 104 C.C.C. 271 (C-A.). 390 L. 381 X1.l.i MUNICIPAL LAW 12217 - 22221 22117..(XI I . i ) aisriagg Regulation businesses Touristandtralkcarnp of Prohibitory fee - Municipal Act, R.S.t:T 1937, c, ebb. s. 439, 43901) - Tourist Camp Regulation Act, S.O. 1946 c. IDO. ss. 2, 3. The amendment to s. 439 of the Municipal Act. in 1946. is not repugnant to the licensing section of the Tourist Camp Reg Act. Operator of tourist camps may well be obliged to obtain municipal as we(1 as provincial licences. Therefore theta is a power in the municipality to pass a by-law under s. 439 of the Municipal Act. What was even by s. 439 was a power to pass by-laws Far the licensing, regulating and governing of tourist camps. it was not a right 10 prohibit tourist camps. but to ne elate and govern them Under the guise of a licensing 6y-law the municipaliry cannot im se fees which in effect are confiscatory and prohibitive. The power to license is not a power to dcstray; it is a power to govern and regulate. McCormick v. Toronto (Township), [ 1949) O.W.N. 425, (194813 D.L.R. 70 (H.C.). Soil and gravel excavation (Quarry licence) 2218, ( X1.1.j) Regulation and licensing - Regulation of businesses - Soil and gravel excavation - Jurisdiction and powers - General - Ap- plication for pit licence. The Minister of Natural Resources referred an application for a pit licence to the Ontario Municipal Board. Held, the Board recommended that the Minis- ter issue the requested licence. Applicant had a good record and no one objected to the actual extraction of gravel from the site. The major issue was tFte selection and main- tenance of the haul route. The Board tecorn- mended that the Minister make proper main- tenance of a preferred haul route a condition of issuing the licence. Asphodel (Townshlpp) Pat Licence Appilia. tion, Re (1989) 23 C}.M.B.R. 304. 2219. ( X).l 1) Regulation and licensing - Regulation of businesses - Soll and gravel excavation - Municipal Act, R S.&U. 1979, c. 290 a. 930, Municipal by-laws eased pursuant to Act imposing permit fees for gravel removal - Cost of permit fix r cubic metre of soil removed varying from municipality to municipality - Certain comptuues engaging in gravel removal petitioning to have by-laws quashed - Petition granted - Act not authonz- mg municipalities to impose variable permit Allard Contractors Lid. v. Cotli luaot (Dis- 3ld) 309 S .), d iitionaal)n reasosl at (19881, ( XI -I j) 11d 00=11iiiii; - Regulation of -8aU and grand excavation - Cok of Civil Procedure, s, 453. Owner of three gravel pits working one pit at time of pusage of by-law prohibiting such pits - O ner seeking decllaratory Judgment that working one phi entitled him to exemption from prohibition on all three pits - Judgment refused - Owner's right to work pits being frozen in nature and extent immediately upon passage of by-law - Right limited to use at time of by-law - One lot only being work- able. Desrolsers C. St•Anaclet-de-Lessard "Municlpalitf) 0982l. 21 M.RL.R. 162 (C.S. QU6-). 2221. ( XI-1 j) Regulation and licensing - Regulation of businesses - Sod and gravel excavation - Whether by-law conflicting with statutory acgulations - Municipal Act, R.S.O. 1970, c-,s. 354(1)122 - Planning Act, R.S.O. 1970, c. 349, s. 350A - Pita and Quarries Control Act, &0. 1971, Vol. 2, c. %, Appellant municipality attempted to regulate the operation of gravel pits within its boun- daries by a zoning by-law and a by-iaw under s. 3544 1) 122 of the Municipal Act. Respon- dent contravened sections of both by-laws. An injunction restraining respondent was refused. On a2peal. held. an injunction should be ted. the zoning by-law could not regulate respondent's operation since s. 35{ I )6 of the Planning Act authorized by- laws regulating only those pits established after the by-law was passed. However. the Municipal Act authorized apppec)Unt to regge- laze any pit whenever estabhshed. Such a by- law was valid to the extent that it did not conflict with regulations made under the Pits and Quarries Control orrntrol Act. Any inconsistent provisions of the by-law could be severed. Usbid e. (Tmrnsbip) v. Timber Brothers Sand �t Gravel Ll[l. 0975). 7 O.R_ (2d) 484. 55 D.L.R. (3d) 516 (C.A.), reversing [ 1973) 3 O.R. 107, 36 D.L.R. (3d) 42 (KC.). (rare to alsppeea) to S.C.C. dismissed (1975), 7 U.R. (2d) 484n (S.C.C.). TI22 ( X1.1.j) tion and Ilcendng - Regala idon of Wiliam el - Soil and gravel excavation - Planning -lase of land as gravel pit lawful --ccaWrtderming use - Whether ance to 0grard pit tray be Issued197 Pits and Control Act, 5.0., 1971, Vd. 2, c. S. A 2). The Crown issued a licence to respondent company to operate a gravel pit on specified iands. The use of the lands in question as a gravel pit was a )awful non- conforming use of the land as far as an of- ficial plan adopted in ptirsuam of a zoning by-law was coneerncd. In an appeal by appel- lant township to quash the issue of the licence. held. the appeal should be dismissed. [2223 - 22251 REGIILAnON AND LICENSING XI.2.a.i S. 6(2) of the Act did not prohibit the issue of a licence where the official plan though not stating that existing legal non -conforming uses might be continued contemplated the continued existence of such uses. Caledon (Township) v. R. (t972). 11973) 1 O.R. 623. 32 D.L.R. (3d) 25 (C.A.). affirming { 19731 1 O.R. 219 (H.C.). Regulation of behaviour Quasi -criminal by-laws General X1 ? a,i) ition of of s. 222 of 'Municipal Act grid by-law enacted thereunder regulating safe of "adult"' books and magazines - S. 222 not invading exclusive federal power In rela- tion to criminal law - Constitution Act, 1867 (30 & 3I Vim), c. 3 - Municipal Act, R.S.O. 19K c. 304 s. 222. Booksellers in the Toronto area brought an application chal- tenging s. 222 of the Municipal Act and a by-law enacted pursuant to thereto. The by- law purported to regulate the sale of books and magazines appealing to erotic or sexual inclinations. The Divisional Court held that s. 222 was ultra vices as dealing with criminal law. On appeal by Metropolitan Toronto, held. s. 222 and the by-law should not be declared ultra vices for invading the exclusive federal ;power in relation to criminal law. The presence of a moral element in the purpose of provincial legislation does not of itself render the legislation invalid as an improper exercise of criminal law jurisdiction. The pith and sub- stance of the by-law was the regulation of a Ferneirtcd busiress, namely the retail sale of adult" books and magazines, so as to limit the exposure of children to certain publica- tions and thereby protect their welfare. luformatfon Retailers Assn. of Metropolitan Tomato Inc. v. Metropolitan Tt>mto (Municipality) (1985), 52 O.R. 12d) 449, 32 M.P.L.R. 49. 10 O.A.C. 140. 22 D.L.R. (4th) 161. reversing in ppart (rub mane, Canadlan Periodical Publishers Assn. v. Metropolitan Toronto (Munielpailty)) {1984). 48 O.R. (2d) 290, 28 M.P.L.R. 101.6 O.A.C. 60. 13 D.L.R. (4th) 251 (Div. Ct.). 2224. ( XI-2 a.i) Regulation and licensing - Regulation of behaviour - Quasl-crinttnal by�-laws - General - Charter of the City of Barite T 3960, S.Q 1959-60. e. 10 813 - Con- stitution 11 ct, 1967 (30 & 3 s. VlcL I, c. 3, sa. 91127, 92914. City of Montreal refusing to renew commercial licence - Applicant bring- ing motion in mandamus seeking to have s. 813 of Cleaner declared null and void - Mo- lion dismissed - S. 92114 of Constitution Act. 1867. giving provinces jurisdiction to enact laws relating to preventingg crimes - Provinces having rigght to deli ate such powers - S. 813 of Cleaner enacted precisely for purpose of preventing chimes and not in- frinin on powers of federal Parliament un- der s, nA127 of Constitution Act, 1867. D scoth!que fumfe lipuide lets. a Montrial (VIlle) (1982).119831 C.S. 666(QW,). uu• ( X1.2.11.0 Rergguulation and licensing - Regulation of ad behaviour - Quad -criminal by -taws - General - Suspension of newspaper licence - Whether lar&adon Intra vices Whether quasi-judicial act - Audi alteram ppaarlem - Darnages - Vancouver Charier, 5.B.C. 1953, c, 55. s. 277, 277(c). Plaintiffs published a newsppaper under licence from defendant. When the Chief Licence Inspector learned that the paper was pornographic and was being sold around schools he consulted with the mayor and suspended plaintiffs' licence under s. 277 of the charter, which provided- '"she Chief Licence Inspector shall have power at any time summarily to suspend ... any licence if the holder ... (c) has. in the opinion of the Inspector. been guilty of such misconduct in or with respect to the licensed premises as to warrant the suspension She section gave a right of appeal to the city council. No notice was iren to plaintiffs un- tit after the suspension. Plaintiffs, on learning of the suspension. sued for damages and other relief. Held. the suspension was invalidated because of failure to give notice and a hear- ing. but damages should not be awarded. Al- though exercise of the powers under s. 277(c) could result in closing down a newspaper, s. 277(cl was not ultra vires of the province as being in respect of freedom of the press be- cause in pith and substance it was regulation by the city of its licensees to prevent gross misconduct and related to propenry and civil rights within the province'. nor raid it encroach on criminal law. The Inspector did not profess to act as a censor, for which he had no authority, but mealy formed the cspirtion, as he could undcr s. 277, that the sale to school children was gross misconduct. However, in acting under s. 277(c) the Inspector, whose decision was subject to appeal, was bound to act udictafv and the audi alteram panem rule app�ied. Consequently he was neq ired to gave plaintiffs the right to be heard and to answer the complaints and as this had not been done the suspension was invalid. Damages should not be awarded because, in the absence of fraud, collusion or malice, the Inspector in exercising a quasi- udicial power was not liable to civil suit. a had sped honestly and in good faith, albeit wrongly, and without direction from or collusion with the mayor. 382 393 THE MUNICIPALITY OF VILLAGE OF PORT BURWELL # 277 Meeting ....... ju,ly..5 j 19 ... 71 MovedBy . .... - -- — ------------------------ That leave be granted to introduce By-law to Seconded By prohibit the use, and to prohibit the owner or lesee of any trailer from permitting the use, of any trailer for the living* sleeping or eating accommodation of persons within the municipality for more than 60 days in any period of ten consecutive months except in a c&nc me park or licensed tent and / or trailer park. _p,ci mobilee�T at by -Law present erewlth be read afirst time. as per attached schedule By-law read a ...... time Moved By ..( .. &�� . ...... That By-law now read a first time be read a second time for1hw8h_---' Seconded By * 1"�_ . . . . ..................... ........ _""C' By-law read a ..... p ...time Moved By That By-law now read a second time be read a third time forth t!h!,.,, Seconded By .. ... e Ira By-law read a _L&A —time Moved By That By-law now read a third time do pass, be engrossed by the Clerk, and signed and Seconded By .4 4 ....... _ sealed by the Reeve. Ce BY - LAW NO. 277 VILLAGE OF PORT BURWELL Being a By -Law to prohibit the use, and to prohibit the owner or lessee of any trailer from permitting the use, of any trailer for the living, sleeping or eating accommodation of persons within j` the municipality for more than 60 days in any period of ten Y+ ... consecutive months except in a licenced mobile home park or r licenced tent and / or trailer park. In this By -Law ^trailer°means any vehicle so constructed teat it is suitable for being attached to a motor vehicle for the purpose of being drawn or propelled by the motor vehicle, and capable of being used for the living, sleeping or eating accommodation of persons, notwithstanding that such vehicle is jacked -up or that its running gear is removed. WHEREAS paragraph 86 of Subsection 1 of Section 354 of The Municipal. Act, 1972, provides that councils of local municipalities may pass By -Laws for prohibiting the use of trailers. THERMORE BE IT ENACTED BY THE MUNICIPAL COUNCIL OF THE CORPORATION of the VILLAGE; OF PORT BURWELL. 1. No trailer shall be used, and no owner or lessee of any trailer shall permit the use of said trailer for the living, sleeping, or eating accommodation of persons within the Village of Port Burwell, except.in a licenced mobile home park or a licenced tent and/or trailer park, for more than 60 days in any period of ten consecutive months. 2. This By -Law shall not apply to any trailer for which a building permit has been issued at the date of the passing of this By -Lew. 3. This By -Law shall not apply to any trailer located in the Village of Port Burwell for the purpose of sale or storage only. 4. Every person who contravenes the provisions of this By-law shall be guilty of an offence and liable to a penalty of not less than $10.00 and not more than $50.00. exclusive of costs, and each day that a person contravenes this By -Law shall be deemed to constitute a separate offence. READ A FIRST, SECOND AND THIRD TIME AND FINALLY PASSED this 5th day Of July 1973 .i`r' ..Clem .. ........'r �� ��1f`i....Reeve kn Pu I (-\A- &-r s - 441J' 010 O,�ch (ins) ua9 -qua no -fm' Vi how C, anc�dU,le, -far Aso:,\ear �.rks in -Ntc bkA3rcSS ��ccnci�c, 4c� hcck IiF� re� Jert� L) •rnI. � J ass- P44D I Ak IG:!s cAmrjec( of G�oj(lch bu,ns�.ip q k,-k - q904 jo,3+ PO,S5�ed a bi- 1W.J �cr+ duce, - f'y,la lo,l;Ncke Town sh Ir if M cr J t4 �3' tqP of Na l ah i d• TEL ! 51'9-773-5334 Aug 23 , 95 y'r TOWNSHIP OF MALAH16E • 87 JOHN 5TAEET SOUTH AYI.MER, ONTARIO NSH 2C3 TELtPHONF.: (519) 773-5344 FAX! (5114) 773-5j34 NO. I- Y I,EhJr:U MUNICIPALITY OF TOWNRHIP OF MALAMIDP This License is grantpd to ref to carry an thr Business o4 a Trailer Park 11:46 No.041 F,al within the limits of the Township of Melahide. Provided the said GhAlI duly observe all such Dy-laws, Rules r►nd Regulations, matters and thirties as are, or may U& enacted by the Munieip&l Council of the Tri%imrhip of Malahide ur legally const=tutod Board of Commiszioner's theranf to govern withiiii their jr,rirdiction. This L icen" to cone i nrra in torte until Dwcember 31, 199 and no longer. Issued At Aylmer this RECEIVED OF day of , 199 . tIrr sum of t 100.00 being the *Pill &mount PAYalale Barr this Licomze. t I-REASURER %4UW1*W Vftld- — F04m 417 1 'Art T. IR Caere. M*00ripsl W"r& Inc. NO. .......... ... ....... I .... MUNICEPAMY .. . ............ . ...... ....... To All Wrom it A -fay Conam GRE9MG: This License is granted to ............................ — ......... finOf ......... .......... .................................. . ..... . ....................... . ... . ........... . ...... ............... . ... . ............................ treeto carry oar UW (a) .......................... of a (b) ... . .............................................. . .................. ........ '1b) *W bmt MW manta &46 within the firnits ot .......... . . ......... LL ......... . .... . ...... . ... . ................................................... ............ . ............. . ...... Provided the asid .. . ... . ........... .................. .......... . .... . . ......................... " duly observe all such By-laws, Rules and Regulations, matters and !Magi as an. or may be enacted by the MunicipalCouncil of the ......................................... . ... . .......... ......... of- .. . ....... . .................. . ................................ or 1epHy constituted Board of Commissioner% thereof to govern within their jurisdiction, 71ts License to continue in tome until ....................................................... .... . .............. 19 and no tanm. Issuedat ...... . .......................................... ................. this ................... day o( .... . ........................ ..................................... ....... ......... ............. 00 C In z RECEIVED OF ....... . . ..... . ........ . ..... ........... < thesum of . . ..... . ... . .... ........ . ....................... ............................ . ................ . ....... being the full amount payable on this License. :> M ................. ......................... . ........... . ............ .......... --I T Y CD ef �r O -23- 1995 01: 28PMI TObNSH I P OF GODER I CH 519 482 9516 P.02 ` IP CF=; 07e pe + r1AP, 28 ' 95 14: 0E dV THE CORPORATION ur TNt TOVNSMIP of XIMEL 9sinq a dr-Sae to licence# regulate and govern trailer ea+e�ppe and certain tourist oasrwrs in the Eeemhip of Aarbol. U CREAS under and by virtue of the Cuniaip,al Act Rafio*o Statuters of Ontario# Chapter 2499 fie mended the CaunU; of 0 Tsarrehip is outheti2sd to pees a M r-ism for licantftrps s"dr4 and 29wrhin4 traitor ssemps end tourist soap@. k00 TICREfORtE the Council of the TomnshLp of Assbal CUCis At I'D1.L063s 1. ear thm purpose of title Cy -low (a) C06MC11 shall soon the Couneii of the Corporation of the Township of Asabol. (b) Clerk aeons the Clock of the Corporation. of the Township of-sabol. (0) `Trailer Carp' Preens land in of upon which a;--y vehiclor so constructed that It is suitable for being attached to a motor vehicle for the purpose of being drawn or propelled by Wo actor vr:ticlu, 3a p1t:r1, locatod, kept or sasifltained, tctwiths'.cndlnq that such vehicle is Jlea*t-wo or that its running goer is rosrove4p bttt net, including any Yohiclaa unless it is Ymsf for —• r the living, sleeping or eating; accom adalian of persons therein* (e) 'Tourist Camp" includes auto camp end en? parcel land oz pron;asa equippoo with cabins used or pointained for the socoormodation of the ptibli+cr and any parcel of lend or pzaolissa used sr r.:►1ntalnad as s camping or perking grouns fat the P.-b is vrrther rr not a few or charge is p:Ld or -ode for the rental or use "roof, 2. No pvrozrn shawl: astabilehr operate, keep at maintain a tra:.-*r o-tV eithir. the Tocnahi . of Asabel without First ohtairsin a liconce therefor. Applicstivn far a current years 3tesnow is to 'be wads prior to jowl 30th of that year. i1**CQV - 3. tic owever of land situate in tiho Town1hfp of Aaabel stall was or ,permit. tho use of such land for the purpcop of a trailer coop %onlass a licence for the attabllehwent end operation of ouch Camp has boon ies"3 Sn accordance with this By -Ise mind has not expired or been revoked. 1, he lest isa0s available fay the owner for oacy"ney or a trailer or tent $h ll be occupied by a tdnt at C%Ller Lmleas a licence has been ob tainmd. ?. `ft Clerk shall be tho Licence Imouer and ap¢llestions for Licences ahali too ends an forms suppxied by the Clerk. S. A troller camp licence rimy be issued mhmn (o) spplftstlon foam been &&(I* an the fora or forms eupplisd 1by the Cl•rki (b: c*-plete plans and epecif1cations of the coop chip'lre is ;ro a ttelhed tv the appl lea t ic%r. (* litorwe sMall be loomed until suoh t1a.. oi� ,[to p'.sn Of the Coop is reeoivmd b7 0-o :i• j % • ;f r .r o.` tr tt-r •psi:iGstiaP1 far*. rs T oe-23-19% 01:29PM 'r? "�=ctatld r L-12— T[71+TlSH I P OF GODER I CAI 51/9�482 9515 POS r page 2 + ;elan shell clearly ,1ndleste all cosip eltae by ++umber, rocd"yo and buildings etc., so ,call as tho diaeensions of the praportr The •its plan shall also Indicate the aintasre and MXIA ! sise or sites avatlsblej. (a) there is seoorded uW the application or attached to 'i t am MPR 28 ' 95 1 A: Be the report of the Udiasl affiaeT Of H"Ith that Ulw establisheant wW ell facilluffe *! the plane thwmf, are in conferoe�ty with the Provisions of The Public 1laalth act coke alp the ro9uletion0 sad* therrundart if enye and of Me 'else• tow report of the dtiildlng lnapscter that all butldinga or plank thereof evnfors mith the provisions of VW ralewtt Suniespal by -lows., (d) t1w Clerk is attief,led that the trailer ramp complies etth this requirements of tieis Ori•lar and all *that loan and regulation* opMeable ther a tac; and (s) the isauence of wah ILCOMO hiss been approved by 00 Council. T. The removal of a trailer camp licence my be Leswed when (a) ppplitation has been made an the prescribed fora or formal (b) ttw llamas Seauar is satisfied that the astabl1ohment camp=tea site the tornS, of this Dr -lay and try other Iowa or uunicLpol •y-lava epplicsble to tho establishotntt and (t) :'+s iseusnas cf azch removal has been approved by CGUACLI. a. The trailer camp licanc• shell state the humber of lath 11csM=e4 and 4hell bs valid for the pdkiod ssipiring on the last day of the calendar year of issuar4s. The e*tabliehsent or use of srky Mums& cf ca"Lt■s In axcasa of the rusher Iicaneed under tkis ly-law shall be a contravention of WS Sr•1ss and s-ibJett to action by the M-Ynittip4lity as provided under Seotione 21 and 22. V. -Whar, a ltcynee for ,a trailer camp is issued at tenassds sutp■mtsd or rsvak9ce notifLcatiom thereof say be AGAt by the Clerk to the medical Officer sf Health,* ID. Trails: caspa st.*1: be divided into asapaitsalrots end each lot shall ctntain ai mihLaue area of I*duo &gush lea:, sith a ainieui frontage of 25 foot WW shall have its bcurrdaries clearly definade and a number clearly riow0ie. Trallsre *hall be sa Located on eaoh let that titers .',wit ba at least jr. Cast olearams between trsils.s provided, !- *ever, that with treilars p4thed aftd to end,, the and s, and clearance batmraa trailer* shall be net lass than f feet. 08-23-19% 01:29PM TOLNSHIP OF GODERICH 5194 482 9516 P . 84 IV@ Pe6 MAR 2e ' 95 14 : eg • - page 3 11. :n. Qp:.:utcr tf a c3npins srtat+lishment shall not allow Vi4. t:.gyp:ng auta5lin!--tent to consist, at am tic*, of more ziumping lots Vton in the proportion of fLftesn camping lots for each acre of land at that Use suitable for sCcoramodation of tents and trailers. 12. (1) Every trsilet camp shall be equipped with an • adequate number at fire extinguishers clearly worked as such and readily accessible to all occupants of the camp. (2j `lie fire extinguishers required under sub-sactian (1) C.-All ccr.eis t of Class A and Class a ■xtinguiehers a% de.'tne;l by National fire Protection Associations Standerd no. 10. 13. ►!; t_hi!sr :soaps s.:!11s :. �rj-idsd with telephone service. la. ;he 4une: or upslotar or a trailer camp shall inform all ps:s:"s cezu;yi.ng a trailer lot of the location of camp firs pro.atticn f■ci:.tiss one of the means of summoning the fire r~eparlr.;Gnt, police or trailer camp employees. 15. `hs acproachas tc all trailers shall be kept free and clear o" t_, refuse and obstruction at 31: times and all overhead si:ing cite-iz a tra_lsr Carry s:°rall have a minimum clearance of 1R feet above any roadway. 15. Lvs:y t_ailrr camp atnsr or operator shall provide a minim .:r, of veskiy garbage collection and shall arrange far i-:sseciat& 11spacal if all garbage end waato to cvllrctal. 27. T',: read= _ith r: thQ carp grounds shall be property treated '* dust et *I,'tiwos thew comping establishment is in operation. 16. Ynia *hall nrt :reply to trailers operated in ccnnsction wrath my exhieiticn, fair, carnival or other pvhItc place of amweemtnt or enterta.nment provided such :x►'=rrjelan, feire *armival or entertainment is authorized by t.-a Coun=il to operate for a specific duration of time in a certain site• It. news:v an operator is unab;,s to comply with the minimun stanca_oo to_ sanitary facilities, the licence for a trailer caR;, �".y be Issued rar a specific period net to exceed 12 n;,r•: ., prov;"ve a ce:tlficats of the`Redical Officer of Hsn, `.- !a a t te.-hed tc the application stating that in hit Ctinia:x the txistioi? tailst facilitlesi seats disposal, dispcas3, utter supply and other conditions are adequate for the 'tiros being. 2:.. ?Pe LCuncil tiay revoke any licence issued under this By-law. 21. Any F:emisas ; icencto undar thin >sr law shall be subject to laopvction at all times by the fM4ical Officer of Health, tha icy -law tnrorcaaent Officer, an Police Officer or the rire C%igbf, ane nu parso^ xhali to use admission to any such 4narc=tiog officer or shall fall to remedy sny condition if so 'k;u0'st0e rav any such official. 06-23-1995 01;30PM TOWNSHIP OF GODERICH 519 482 9516 P.05 .09 .* Page 4 22. Aaai y+rzon :.a Contravenes any of the provisions of this ' By-lu&: shall is liable on aumarar conviction to a fine not sxckrdinq Threa Hundred (1 300.00 dollars exclusive of corts, and shall take such sea a ■ as +ssr be necessary to set the rsquires►snts of thisy-lss, 23. Each day 'that a violation is permitted to sxiat, shall constitute s separate offence, 24. Sy -leer '1236 is hereby tescinded. READ a FI4ST SCCONO time this loth day of 509tsober 1974, LOVED BY Herron REEVE SECONDED BY c a mLot- E. anhnst��,E�.ERK READ a *K19D ".'.ass cnO FI';+it_Y PASSED this 10th day of SePtobar 1974. r MOVED By REEVE SECONDED of e• Ferris ' m.r 12A Lt CLCRK 08-23-1995 01a30PM To&6HIP CF ODDERICH 519 482 9516 P.06 THE CORPORATION OF THE TOWNSHIP OF CODERIC14 TENTrI'RAILER CAMPING ESTABLISHMENT APPLICATION FOR RENEWAL OF LICENCE Name of Camping Establishment and Mailing Address: Telephone Number of Camp: Owner (s) of Camp. Address of Owner (s) Location of Camp: Loti Concession or Plan_ Size of Camp: Acres Number of Sites: Travel Trailers-- Mobile Homes Residences Other (Specify) ATTACH CURRENT SITE PLAN INDICATING ANY NEW CHANGESIADDITIONS OF SITES/BUILDINGS, ETC, DECLARATION Telephone # 1, THE UNDERSIGNED being the authorizcd Owner/Agent of the abovc named undertaking, hereby certify as follows: THAT all facts stated and information herein are true and correct. 2. THAT I have received and read Section 12 By -Law Number 6 for 1984 and By - Law Number 12, 1992 (a By -Law to amend By -Law Number 6 of 1984) of the Corporation of the Township of Goderich, and I hereby agree to comply with the terms and conditions of same. Date Signature of Applicant FOR OFFICE USE ONLY Licence renewed by: -Date- For the year 19� Licence # Comments: 06-23-1995 01: 30PM TOWNSHIP OF GODER I CH 519 462 9516 P. 07 The Corporation of the TOWNSHIP OF GODERICH BY-LAW NUMBER 12 of 1992 A By-law to amend By-law Number 6 of 1994 WHEREAS the Municipal Council of the Corporation of the TOWNSHIP OF GODERICH deeats it advisable to amend Zoning By-law Number 6 of 1994 as amended, NOW ARE, the Municipal Council of the Corporation of the TOWNSHIP OF GODEWCH enacts as follows: 1. Section 12.6 is hereby amended with the addition of the following: RC2 12.6 SPECIAL PROVISIONS 12.6.7. Additions to Trailers Enclosed structures, in the form of additions to travel trailers and other trailers, are permitted to be established in the RC2 zone as an accessory "add -on" subject to the following: each trailer may have attached additions with the total area of the addition(s) not exceeding the floor area of the trailer. or 28 square metres, whichever is the lesser - the "add -on" trust not exceed the height, width or length of the trailer - issuance of a building permit for any "add-ons" in excess of 10 square metres.. 2. Section 12.6.1 Development Ratio is hereby amended with the addition of the following: Adjacent areas on the lot, zoned Natural Environment and which represent a natural extension of the trailer park as defined by natural features or the natural extension of the Recreational lot lines, may be included in the calculation of lot area.- _ 3. Section 1.2.6.2 Recreational Space is hereby amended with the addition of the following: The required communal recreational space shall be located -within the RC2 zone. 4. Section 12.6.7. Density of Development is hereby amended with the addition of the following: Adjacent areas of the lot. vaned Natural Environment and which represent a natural extension of the trailer park a<c defined by natural features or the natural extensioe of the Recreational lot lines, may be used to calculate the density of deveiopmenL All trailer sites must be located on the area toned RC2. 5. All other provisions of Sy -law 6-1994 shall apply. 6. This by-law shall come into effect pursuant to Section 3409) of The Planning Act. 1983. a 08-23-1995 01:31PM TOWNSHIP OF GODERICH 519 482 9516 P.08 S CHED LE 2 BY-LAW 12 -1992 i. Bylaw 12 -1992 has the following purpose and effect, By-law '12 -1992 will amend the zoning regulations by adding an additional special provisions zone to the RC2 zone, which allows for the addition of structures to trailers, to a maximum of the total floor area of the trailer, or 28 square metres, whichever is the lesser. In addition clarification of the special provisions relating to density of development, development ratio and recreational space in RC2 zones is provided, which specifies the area. which may be included in undertaking the calculations to determine the required area for the various provisions. ii. As a generai amendment to the comprehensive zoning by-law, this by -taw affects all lands zoned RC2 within the Township of Goderich. r 08-23-1995 01 31PM TOWNSH [ P OF GQDER I CH 519 482 9516 P. 09 Township of Goderich Zoning By -Law 11.5.1.2, the minimum lot area is I(M sq. metres: 11.5.13. all relevant regulations made under The Public Flcalth Act and all rclevent requirements of the relevant Health Authority are fulfilled. 11-5.2- FRONT YARD For lots fronting on Lane Huron. the front yard mat be either the strm or the lakcshorc. 11.5.3. Notwithstanding Section 11.5.1. tothc contrary. Lot 11. WP. #554. lot:,ated on Lot 35. Concession I, Township of Godcrich. zoned VE I and RC 1.2, has a frontage of 16.7 metres. (AmtAded byB)-LQ� _"2-19,Ct) 11.6. SPECIAL ZONING 11.6.1. RC l•l; Not-ithstanding the pro, i.ions of Sections 3,33.3. :o the convar; . the arc_ zuncd RC I- I may have a rear yard setback from the raj.t al evince of 3.85 meta for the cstahlishinent Or J r,crlation3l resi&-Nc. (Amended 6s Bt-•Lcn,• 27-19,Y6) 11.6.2. RCI-r: Not-ithst ending the pro, i;ions of Section 11.3.q. to the convary, the aN3 con,d RC1.2 ma% h.j,c side.-ards of 2 25 mctr,; F 1l_' ft. , (Amended bti Bt-LdK 77-M91 11.6-3. RC1-3: Notwithstanding the p,, %,;ton, .,r Salton 11.3.6. to the con vary. the area ,on,;d RCI- is domed to conform with the minimum rear yard pr9o,ision, with a rear yard or 22.1 ft. (6.7 m 1. (Amendedbti By -La--% -2.14+7) 11.6.4. RCI-a: Notwithstanding rho p,•o, ision: of Section 3.13.3, to the contrary. the area zoned RC1-; may ha•-c a setback or 1$ metres from the top -of -the -bank of the lake and 'thc ravien. fOr the subicct recr+cation:tl residence All other pro, ision> or this ba•-1d,+ shall Wl+. (Ame+ided bw i9l Lr:,, 1� 19ySi Notwithstanding, the pro-- i:ions of S; . tion 1 1.3,2. and Section 3.33.3. to the contrary Uic follox ing spccial provisions appl% to the prorxrty zoned RC 1.5: 1 1.6.5.1 Lot Fronts}c Minimum ?U mctrC� 11.6.5.2 Setback iron) the Lake Huron top -of -bank Minimum 5i1 rn;cvcs (Amended b)8%.Les4 23-19911 SECTION 12. RECREATIONAL TRAILER PARR & CAMPGROUND (RC2) 12.1. PERMITTED USE'S: [ 2.1.1. a campground: 12.1.2. conscrvation: 12.1-3. forestry; I2.1:4, reerct,"on. passive; 12.1.5. a pri►ate park: 12.1.6. a trailer and tent park. 12.1.7. uses accessory to the trailer camp use including recreational vehicle s:alcs and ser,-ice. 12.2. PF-R1.1I'TTED STRUCTURES 1? 2 1. one accessor. dwelling unit for the owner or manager of the 7,31ler park or camp; 12.2.2- build:ncs and structures for the permitted uses: 12.2.3. buiIdinSs and suuctures accessory to tree pGrina wd uses 12.3. ZONF RE:Gt. L.aTMNS 12.3.1. Lot Area 1+4inirnum 4 hectares: Lot F:. mji . .% inimum 40 meats; 12.3.3. Front 1"ard ?Minimum 17 metres: 12.3A. Side Ward Minimum 7.5 metres: 12.3.5. Rcar )'and Minimum 7.5 metres: 123.6. Co%era cc NS3rlmUtit 10 perccni. 12-3,1- Tr:ul;: site aril Nlinlr;iuin 150 square no',ucs 12.4. (3L-1LDI\G REGULATIONS 1r.s 1 Building Height �laxintunt 9 mcvts 12.5. REGULATION'S FOR ACCESSORY RESIDENTIAL USES 12.5.1. Location - other than in basement or cellar: 12.S-2- Minimum floor area per dwelling unit shall be in accordance with the following: 115,2-1. full• detached residence • 8a-0 square rnctrra: 17.5,2.2. a reside:^tce as pan of the non-resrdcnual buildin, or structure • 70.0 square metres: 12.5.3. Access ti, dwelling units from the 3diaccnt street 51INI K rrevidW (or the ex4 l: si, : t::r of the dwelling here.<. 33 Oe-23-1995 01:32PM TOWNSHIP OF OODERICH 519 4829516 P.10 Township of Goderich Zoning By -Law 12.6. SPECIAL PRON'IS10NS 12.6.1. DEVELOPMENT RATIO The development ratio for trailer peaks shall be 1:2. That is, for each hectare of area to be developed for trailer sites, two hectares shall ter maintained in natund a= or recreational space. Ad'*ent areas on the lot. zoned Natural Environment and which represent a natural cxtcnsion of the trailer park as defined by natural features or the natural extension of the Recreational lotlines, may be included in the calculation of lot area - (Amended by P -Lax- 12.19921 12.6.2. RECREATIONAL SPACE Not less than 20 perocnt of the gross area of the lot shall be used is eommuna' recreational arcd Natural areas such as ra►'in:s. marih;r. or take banks shall not be included in the ca,:ubrtion of recreational space. The required communal recreational space shall be located within the RC2 lone. (Amended bN B- -Law J' 19Y') 12.6.-. SITE ARFA A minimum indil:;lvsl trx�lcr park site arcs of 150 sq. meths shrill be pro%itkd. 12,6.4. IJ L !• F E R \Vhere a (RC2) Zone abut,. a (RCI , Zonc. a bufrcr strip of landscaped opcn space or n-:turaI vcgctat ion of 1+0 metres sh311 be required 1r.6.5. %%"ATER .ACCESS %Vhere a recreational trailer park is located within three hundred (300) m-t:cs of a n3vigablc bode cf ,A 3ter or a lake. access tc the u atcr shall be pro• ideal as part of the lot or holdi;tj. The ►h idth of this access shall be a minimum of 30 metre. 12.6.6. DENSITY Or DENTLOi'NIF\T Overall densit)• of dc%,clopmcnt will not exceed fourteen (14) reereational vehicle lots or camp sites per gross hectare. Adjacent area of the lot. ►.oncd Natural Envroonmeni and which represent a natural extension of the trailer park as defined b� natural features or the natural extension of the Recreational lot lanes, may be used to calculaic the density of development. All trailer sites must be located on the vca zoned RC2. (Amended b\ 8%-4` a% 1 d-9.199Ir 12.6,7+. ADDITIONS TO TRAILERS Enc loscd strut Lures. in �hc lornt of w1ditionc to travel trailers, arc f m1iucd to ^x c:%ublisl)rd in the RC2 zrnc as un :+tc+'+ter. -add-fin %ubject to the f •t�t•a iF:' _.:. hod atkfitioxis 34 with the total anra of the addition(s) not exceeding the floor atra of the trailer. or 29 square metres. whichever is the lesser. I2.6.7.2. The "add -on' must not exceed the height, width or length of the, trailer. 12.6.7.3. Issuance of a building permit for any add-ons" in excess of 10 sguare net a=, (.emended by fl)-Law 12-1992) 12.7. STATUS ZONING 12.7.1. RC2.1: Notwithstantling the provisions of Section 12.1. to the contrary, the area zoned as RC2 -I may be used for a retail stoat for the sale of personal convenience goods and foodstuffs. accessory to a Trailer Park and/or Campground. 12.7.2. RC2.2(a). Notwithstanding the provisions of Section I *.1, 12.2. and 12.3 to the contrary. the area zoned RC2.2 may include the use of a mobile home as an accessory dwelling unit for the oM net or manager of the camp or trailer park. .4mrrded b►. B.-Law ?.'-J99a', 12.8 SPFCIAL PROVISION'S 12.8.1 RC:-_: Not►+rthstandini the pro\ isions of Section .., tc the contrary-. the area zoned RC'-2 mas havc a rcduccd r^tba.� ..0:ri .` ` ;op -of -sank of the lacks . established b>- the line shown on Key Mop _;C (identified ars-Proporcd Setback Line" .. as recommcndcd 6y Goldcr and Associates). All other provisions of this t%-InA sh311 apple. fAmendrd b-. By s-19931 121.2 RC!-3: .Notw ithstandine th; prey ions of 5ccGo^ to the contr rv. the area zoned RC2-3 is deemed to conform with the lot front3ce. The provisions of Section ?:s (nen-compl\,tng uscs) shall aprl\ except that the opCNI.- c dJtc for the purpose of Section 3... sh;tll be the da• of ras ing of the amending by-lau- u hich eisubhihc s the RC2-3 zone. All other applicable Provisions shall apple . (Anjended b, B.-.-La- 19931 1-519-422-2844 TOLM;H I P OF AMABEL DATE: MARCH 25, 1996 TO: TOWNSHIP or EMILY GEORGIAN HAY TOWNSHIP V I LIACPd OF PORT BURWELL TOWNSHIP OF GRAVENHURST TOWNSHIP OF BOSANQUET TOWNSHIP OF NORMANBY TOWNSHIP OF KEPPEL TOWNSHIP OF SMITH OXTARIO PRIVATE CAt4PGROUNDS ASSOCIATION ec9 ` 1-705-799-5957 1-705-538-1850 1-S19-874-4948 1-705-687-7016 1-519-296-5666 1-519-665-2284 1-519-534-4970 1-705-292-6491 1-519-371-5315 FROM: PATRICK STOCK, TOMNSHIP OF AXABEL RE: AGENDA - MARCH 29, 1996 TOTAL NUMBER OF PAGES BEING TRANSMITTED: 6 IF YOU SHOULD RAVE ANY DIFFICULTY RECEIVING THIS TOTAL. TRANSMISSION, PLEASE CALL. KAREN AT (519) 422-1551 IMMIATELY. 1-519-422--2644 TOWNSH I P OF AMABEL I METING TO DISCUss Coj4MN CONCERNS THE SAVINGS AND AN') AE$ CHANGE� (BILL ACT R (SEASONAL ER VOR SITS LICENCNRR G US TRAILFEE NZETING DATE: MARCS 29, 1996 TINZ: 11:00 A.N. LOCATION: SAUBLZ REACH COMMUNITY CENTRE (MAP ATTACHED) ITEMS TO 16E DISCUSSED 1 2. 3. 4. 5. WELCOME AND INTRODUCTION OF THOSE IN ATTENDANCE BACKGROUND REVILFW OF MEETING HELD IN TOP -ONTO ON MARCH 19, 1996 WITH OPCA (ONTARIO PRIVATE CAMPGROUND ASSOCIATION) AND VARIOUS MINISTRIES. ALSO IN ATTENDANCE WAS KEN WILLIAMS OF BOSANQUET TOWNSHIP AND PATRICK STOCK OF ANABEL TOWNSHIP. INTERPRICTATION OE BILL 26 AND MUNICIPAL CONCERNS SECTION 220.1(1) VS. SECTION 236, PARAGRAPH 5 L19TTER FROM AMO (ASSOCIATION OF XUNICIPALIIeS OF ONTARIO) ROKA SECTION DATED MAACB 22, 1996 ADDRESSED TO SHERON BURCIS, PRESIDENT ONTARIO PRIVATE CAMPGROUNDS ASSOCIATION (COPY ATTACHED). DISCUSSION Of MUNICIPAL CONCERNS RITE CURRENT LEGISL]1TION AND i73ERE DO RE AS A GROUP GO FROM HERE? 6• ADJOURNMENT I P. 1-519-422-2e44 T0LM3FiIP OF AMAEEL -•s T Li fa lmne AAN.SMITTAL _ AIIO to: Pat Stock fax t (S i 9) 422.2W re: OPCA and ROMA haw• March 25. 1996 p19M. 3, including this Cover sheet. Pat, I haNT attached a letter from ROMA to the 4P['A. I guess it ,speaks for itataif. Call me any time and we can discuss it. Thanks again for coming to the mectirig last week. Your presence was ,ery helpful and much apprtciated. From i%o daak of ■+On RoebamWh 'owcy ACviw +�s c.St,cn o! UUrt p 0"iet Of OrAtlno Su"* 701. 230 S+pw Smart, C864 Tw"10. ON WW tEe E=MAJL twoeZ+oro4o"aillo munICOM COM (41e) 029.7373 (&At. 3t2r fas 4416) 929-i37a 1-519-422-2644 T[ IP OF Ar1AFEL 909 PO4 MAR 26 196 10:10 AH;* VFQ4Pjonfar"'ir�+unitip�if�ef Association of MuniciPalities of 0 ario March 22, 1996 Sheron Burgis President Ontario Private Campground Association 5prin9m,ont Corner, R.R. S, Hxy. 74 Owen Sound, ON N4K SN4 Dear Ms, Hargis. On behalf of the Executive ContmittrW of ROMA (The Rural Section) of A%40, 1 would like to thank you and Mr. Gi&wc for attending our meeting of March 21. 1996 to present your Associations concerns regarding new user fee provisions in Bill 26. 1 compliment you on your efforts on behalf of your membership. Following your deputation, Fxeuiti•ie Committee discussed the issues tha; you presented and came to the unanimous position that RONIA could not support or Indorse your request for an agreement or regulation that ti;ould place limitations on the authnriTy of elected municipal govemments. We appreciate the effort that your Association hds made in The pair to resolve issues relating to the appropriate contribution of your members to municipal costs. 1n Bill 26, the Government has resolved this issue by 9110%ving municipalities to collect addRional revenue; under Section 220.1. Our primary concern with your proposal is that it would place unnecessary limitations on the authodry ofelected municipal governmants with respect to the determination of appropriate fees am charges collected for important municipal services. 1-519-422--28" TCWNSH I P OF AMABE_ TEU You proposed Ut the Government establish a regulation defining a specific permit ee for Seasonal trailers acid that municipalities be required to charge no more than, and no less than,the pmcnl)ed fee. Ire additio.-, to out prtmarY concern that the regulation would inappropriately bmit rnunicipgI authority to establish and collect fees and charges, the Executive was very conccmed with the suggestion that municipalities would be required to charge a fee for seasonal trailers even if the Council concluded that such a fee was unnecenary or inappropriate. The Committee also rioted that this mitumurn fee would apply to thousands ofscasonal trailers in camp grounds not represented by Your Association. As you know, municipaiides are now facing substantial reductions in provincial funding. Additional Municipal authority in Bill 26 was provided specifically to enable mrinicipalities to manage in the face of reduced provincial funding by providing alterutive sources ofrevenue generation out:lde of mill rate incrcases. Municipalities have a strong and vested interest in promoting sound economic development in our communities, ,Promoting a healthy and viable tourism industry is key among those interests. Combined with open and public decision -making processes, zed fuel accountability to the electorate and to propeny tax payers, murkipal goti'ernments need no additional regulation in order to effectively manzge their busine!w Thank YOU again for presenting the concerns of your As ociation. siac'nely. . Charlotte Clay -Ireland Chair ltt3MA (the R► :al Sce:ion) ofAMO CC_ 'ferry Mundell, Prtsidcn4 ANIO Jake Gignac,Director. Ontario Campground Associxrion Membets of ROMA (the Rural Section) of AMO Executive Committee 1, Al"ShR COMMON (:AMP LET 1-519-422-28" SHIP [F � 909 P06 r 26 ' 9E 12: '!a r �► .,It 09 7. • � a �i � • $. �Gwir fain i ..y-p a S j,,cy ix May L fts Der '. r ' k r r• y Nwr�rrrwtr Styoom' ` j an+r� C c left �a ��r 11• rtk 'I -P L,� 'r trallar eUk _ C43 Rpm -}- $ I w.far. 1 Chit ii ` r �r S s" ©w N aUN�r 21 Trra = W n has P+rrt E "� wsrinrr`Astw r . NOW Gs+tn • Owsom VL.. Tlr w ,a' Wo lib• •, i�i� PY .Y3 �� '" r►iCi�Y1�. Klicafdis! a " P ifr�ri � � w� Yirnir �IM1 ' • Pam past I rINRnIr DEC-20-1996 14:22 FROM TOWNSHIP OF HARVEY. TO 15196744948 P.02s05 TEIlt Q _P9RATxQl1 Of JUFe ZpWNstlIP 9? #Rv8Y $X-LAN NUMER 896-46 Being a by-law to impose a charge on Trailer Sites located in Tourist Trailer Park■ within the Township of Harvey WHEREAS pursuant to seetion 220.1 of the Municipal Act. R.S.o. 1990. Chpt. M45. as amended, the Township of Harvey has the authority to pass by-laws to impose fees or charges on any class of person: AND WHEREAS the Council of the Corporation of the Township of Harvey dooms it expedient to pass a by-law for such ,purpose; NOW THEREFORE, The Council of the Corporation of the Township of Harvey- enacts as follows: 1n this by-law, the following definitions shall apply -- a) MRPORATrCW - means the Corporation of the Township of Harvey. b) COVNCZL - means the Council of the Corporation of the Township of Harvey. c) OPKMft R' - means the owner of, lessee of, or the person designated by the owner to operate a tourist trailer park. d) PERSON - means any human being, association, firm. partnership, incorporated company, corporation, agent or trustee, and their heirs, executors or other legal representatives of a person to whom the context can apply according to law. e) 1'OVRZST 1rRAZLSF PARK - means an establishment consisting of camping lots and comprising land used or maintained for recreational or vacation use designed and used for seasonal occupancy only but does not include parks or camping grounds maintained by; a) any department of the Government of Canada or of Ontario, or b) any Crown Corporation, commission or board DEC-20--19% 14' 23 FROM T0WNSHIP OF HARUEY. TO 15198744946 P.03i05 f) TODRIST rpAILER - means any portabic living unit. including a tent. having no permanent foundation and supported by wheels. )acka or similar support, uaed or so constructed as to permit it being used as a conveyance upon public streets or highways and duly licensable as such, and designed and constructed to permit occupancy for the temporary living. seating and sleeping accommodation of persons therein and shall not lye occupied continuously or as a principle residence. q) TRAILER SITS - means a part of a tourist trailer park that ix or intended to be occupied by a single tourist trailer. h) OCCUPZZD rRAILER $ITS - means a trailer site which is occupied by a Tourist Trailer continuously throughout the season of a Tourist Trailer Park but doer not include a temporary or transient trailer site. 2 - REGGLAT102V AND C a) An annual charge is hereby imposed upon the operator for each occupied trailer site located in a tourist trailer park zoned or used for that purpose. b) The annual charge levied under this by-law for each occupied trailer site shall be $SO.0 . c) The amount of the annual charge will be established by the Council of the Corporation of the Township of Harvey by August 1st of the preceding year for which the charges) apply. d) The owner of the trailer park shall, no later than the ist day of April of each year, apply to the Clerk of the Township of Harvey for renewal of the annual trailer park licence. The Clerk shall issue an annual licence for the trailer park which will specify the number of occupied trailer *item Iacenced by the Township and will issue labels for each occupied trailer site. e) The label% provided for in Section 2 (d) shall be affixed to each trailer or trailer site marker in a manner and location that makes it visible from the access to the site at all times. f) In each year the total amount of annual charges as per the number of labels provided will be collected by the operator and remitted to the municipality by September 15th. g) Failury by the operator by September 15th will being assessed against charged will be the municipal taxes. to remit the total charges owing result in late payment penalties the operator; the penalties same as permitted on overdue h) Failure by the operator to remit the total charges and late paymrrnt ,penalties owing by January lot of the tollo%wing year will result in the amount due being added to the operator's property tax account and placed upon the Collector's Roll; the amount will be collected in the same manner as municipal taxes, together with interest thereon accruing from January 1st. DE('-20-1996 14:23 FROM TOWNSHIP OF HARVEY. TO 15196744948 P.04/05 i) The Corporation of the Township of Harvey shall have the right to determine the accuracy of any information by visiting each tourist trailer park within it's jurisdiction in order to prepare an inventory of trailer units located within the camp during the normal business hours of the park. SEC7',NAV 3 - P=kZ71 RS Any person who contravenes this by-law is guilty of an offence. Except 35 otherwise Provided herein or by statute, any person convicted of a contravention of this by-law shall be subject to a penalty not exceeding S10,000,00 for each contravention, exclusive of costs. SECrT2E 1 - EFlrsc'1 iyir l7Ar8 a> The provisions of this by-law shall become effective on January let, 1997. READ A FIRST TIME THIS 9th DAY OF July , 1996 READ A SECOND TIME THIS 9th DAY OF u . 1996 READ A THIRD TIME AND FINALLY PASSED THIS jQLh DAY of Sept dift, 1996. SEAL y /\ DEC-20-1996 14:24 FROM TOWNSHIP OF FQRUEY. TO 1519674494O P.O5/05 i � a July 2, 1996 To: Council, From: J.W. Millage, C.A.O. Re: Draft By -low to Impose Charges on Trailer Sites The attached by-law has been prepared in accordance with Council's instructions at the June 25, 1996 regular meeting (Resolution No. R96-244). This by-law has been prepared in accordance with the provisions of Section 220.1 of the Municipal Act. Section 220.1 is a new statute created under Bill,26 which came into effect on January 30, 1996. Section 220.1 (2) gives a Council broad statutory authority to pass by-laws imposing fees or charges on any class of persons for services or activities provided or dome by or on behalf of any municipality. A by-law under this section provides for fees and charges that are in the natures of a direct tar for the purpose of raising revenue including provision for interest charges and penalties, including the payment of collection costs for .fees and charges that are due and unpaid. A by-law under section 220.1 must set out when and what manner the fees and charges are to be paid, the interest charges and rather penalties. The by-law must also specify that any fees and charges imposed on at person under section 220.1 constitute a debt of the person to the municipality and that such debt if it. remaina unpaid is to be transferred to the Tax Collectors Roll and collected in the same manner as regular ,property taxes. The trailer site charge of S50.00 per year established by this by-law is a charge that is a direct tax for the purpose of raising revenue to assist in the cost of providing such services as roads, waste disposal, Fare protection, etc.. This charge is not a trailer camp licence fee provided for by section 236 (iii) of the Municipal Act. A trailer camp licence fee 'can only cover the cost of administering trailer park regulations. f =% 3 .�� LSE C-20-1996 14 : 22 FROM TOWNSH I P OF HFRIJEY . TO 15198744948 P . 01 i05 P P.Q. Box t30 &wJd orn, Ontario M)L lio (705) 657,-8883 Fair: (705 ) 657-W77 Date, Sent Io. rr� SC1J1Ifl/IAJ� For the Attention Of: Re: From- 0 We are transmitting: pages inclusive . Me original of this docwmt still follow by mail: The original of this document still follov by courier: 'lease accept the attached facsimile as an original: If there are my probiew, please caU (705) 657-883 DEC-19-96 THU 03: 51 PM A M 0 FAX NO. 4169297674 P. 03 .•11lsb8d '111 14-36 FAX 7U013001L'U AVITrL,,6 - Ho LL., G BARRISTERS, SOLICITORS, NOTARIES Ourf G. Rishor, Q.C. TIC Car Uwvd Arras h4t. K.CtIIS&^k" DoWd D. White, B.A., LL.B. TM tru eruaK imp" MIEW Y. QV41111-s10 415 WK= Sreet John David Nichols, B.A., LL.B. TM Lom Pnx6 VvA Ku+. QX.tlrrt-tip, P.O. BOX lab Robert B. Pakethatn, B.A., LL.13. Peterboroush, OnLiho L. Jane Rutherford, B.A., LL.B. w1ha H, genet]. Q.c. aukcc Can2ds K91 6Y5 Russell Wm. Patin, B.A., L.L,B. cr.sa. mu&m .>rw". Q.C. tUUM4 M, John Ewert, B.A., M.A., LL.B. C. *l W. rAw.4 mm Qc. audftla Phone 705-745-1361 Paula F. Armstrong, LL.8. QAAA 6, nV ". Saar Y A Srwo m /0 c•n 1.1414"J" Fax 705-745-622(} John A. Bartley, LL.B. PLEASE REFER REPLY TO: ROBERT E. PAKENHAM November 5, 1996 MWstry of Municipal Affairs and Housing Office of the Minister 777 Bay Street TORONTO ON MSG 2E5 Dear Mr. Minister: Re: The Corporation of the Township of Harvey PrivateAssociation We are the solicitors for the Corporation of the Township of Harvey. Our client enactzd By-law B96146 pursuant to Section 220.1 of The Municipal Act, R.S.O. 1990, c. M45, as amended in order to impose a user fee upon each trailer site within a seasonal trailer park of $50.00 per site. The Township was encouraged in enacting this by-law after reading a letter which you, Mr. Minister, wrote* to Mr. Jahn L. Parker; MPP, in which you referenced municipalities now having the ability to recover costs, for servicing ,Seasonal properties pursuant to Section 220.1 of The Municipal Act. The Township of Harvey has just recently been advised by Tim Birmingham, a solicitor with the law firm of Blake Cassels & Graydon in Toronto, that he has been retained by the Ontario, Private Campground Association to challenge By-law B96146. ' DEG-19-96 THU 03 j 52 PK A n 0 FAX NO. 41 69297574 P. 04 HOWELL, FLEMING _2. It is the position of the Campground Association that the by-law ought to be quashed because it allegedly charges fees; a) for services or activities which are not provided or done by the municipality; b) rft&es charges upon campground operators simply because of their presence in the municipality contrary to subsection 220.1(3); and c) allegedly imposes an indirect rasher than a direct tact. It is the Township's position that the by-law in establishing a fee of $50.00 per trailer site does establish a user fee for Township services. In the opinion of the Township Council, there is really little difference between the services which are utilized by seasonal trailer park occupants and by seasonal cottage occupants. Both groups drive cars over Harvey Township roads to their respmiive recreational properties. Both groups will make use of fire and emergency services. Both groups will make use of waste disposal services. Both groups make use of parks, recreation and library services. A quick review of the figures will reveal that 2,000 trailer sites in the Tow ltip generates approximately $30,000.00 in tax revenue, 2,000.00 seasonal dwellings generates approximately $700,000,0+0 in tax revenues. Yet, as noted above, there is little difference between the services utilized by the trailer sites when compared to the seasonal dwellings. If the basis under which trailer parks were assessed was changed, then there may be no need for a user fee. However, in the absence of a reformed assessment basis, we respectfully submit that user fees are most appropriate, Our purpose in writing to you, Mr. Minister, is to request the assistance of your Legal Department in defending the application to quash which will soon be initiated by the Ontario Private Campground Association: Harvey Township is a small Township with a modest tax base. Yet, the decision arising from this application will, needless to say, be precedent setting throughout the Province of Ontario. As we understand that it was the intention of your Ministry to permit Municipalities to charge user fees for owners and operators of seasonal trailer parks on a per site basis by the enactment of Section 220.1 of The Municipal Act, Harvey Township would certainly appreciate any background information which your Ministry may have to support the appropriateness of our client's By-law B96146. We are enclosing a copy of By-law B95146 for your assistance We took forward to hearing from your Legal Department at its first opportunity. DEC-19-96 THU 03: 53 PM A M 0 FAX NO. 4169297574 P. 05 HOWELL, FLEMING -3- The writes will be out of the oftloe on vacation from Friday, November 1, 1996 but will return on Monday, November llth, 1996. Thank you for your anticipated assistance herein. Yours very truly, (pkuW by REP, Signod in his absence) Enclosure cc: Harvey Township 1-519-422-2844 TOWNSHIP EF RF1ABEL 554 P01 SEP 02 '96 21:44 THE CORPORATION OF THE TOWNSHIP OF AMASEL BY-LAW NUMBER 36-96 Being a By -lax to Provide for the Charging of a Fee for Bach Tent and Trailer Site Located Within the Township of Amabel WHEREAS Section 220, Subsection 2(a) of the Savings and Restructuring Act, 5.0. 1956, provided that by-laws may be passed by Councils of Municipalities for imposing fees or charges on any Class of persons, for services or activities provided or done by or on behalf of it. AND WBZPJ As Section 220, Subsection 6(b) and 11 provides the authority for the charging of interest on unpaid balances and for adding any unpaid balance of the fees to the tax roll of the owner. AND WHERAAS tent and trailer camprounds, by their nature, increase the demand for municipal services. AND WREREAS the increased demand for the said municipal services and activities associated with tent and trailer campgrounds in the Township of Amabel necessitates the imposition of a fee on the owners of such campgrounds. NOW TSEREF'ORE THE COUNCIL OF THE CORPORATION OF THE TOWNSHIP OT AMEL ENACTS AS FOLLOWS: 1. DEFINITIONS: rnx TEi PURPoss oT T319 BY -LAN! "Tent and Trailer Site" means that specified area within a licenced tent and trailer campground upon which a trailer, motor home or tent is to be located. "Tent and Trailer Campground" means the municipal approved use of land for the provision of overnight or short term accommodation for tailors, motor homes and tents but not mobile homes and includes services and facilities normally incidental and subordinate to such a use including washroom and bathing facilities, indoor and/or outdoor recreational areas and an entrance kiosk. "Seasonal Camping Site" means any camping site occupied, in any calendar year, for a period of 90 days or longer, regardless of size or structural features. "Owner" means the person or persons disclosed as the registered owner of the land whereon a tent and trailer campground is located. 2. THE owner of each tent and trailer campground must submit a site plan, by August 31st annually, specifying the number of tent and trailer sites within the campground. Each plan is also to contain the number of seasonal camping sites within the campground. The fee shall be charged to the land owner based on the number of tent and trailer sites and seasonal camping sites within the campground as stated in the site plan. 3. THE Township of Amabel shall have the right to versify the accuracy of the campground site plan filed and shall have the right to visit each campground within the Municipality. 4. THE fee for each tent and trailer site within the Township of Amabel for 1996 shall be: - Seasonal Camping Site $50.00 - A11 other Tent,& Trailer Sites $25.00 The said fee payable in 1996 shall be due by December 20th, 1996. 5. (a) THE fee in subsequent years shall be payable as follows: 2nd Friday of June - 50% of the previous year's invoice 1-519-422-2644 TOWNSHIP OF RMFIBEL 554 P02 SEP 02 '96 21:44 2nd Friday of S*ptember - Current year's total billing based on submitted site plan less the June payment. (b) TRZ fee for future years shall be tied to the 1996 Township of Amabel Mill Rate for Municipal Purposes (10.537 Mills)" The annual fee for each site shall increase or decrease pro-rata to the Township of Amab*1 Mill Rate for Municipal purposes. (C) IF the fees or any portion thereof retrain unpaid on their due date, interest at the rate of 1-1/4% will be added and again on the first day of each month thereafter, until the fees are paid in full. (d) IT the fees remain unpaid at December 313t, in the year in which they were charged and were due, they will be added to the tax roll in the next year, on the real property of the owners. 6. NOTWITHSTANDING any other provisions of this by-law, no fee shall be charged in respect of a trailer/mobile hotne that is assessed under the Aas*ssment Act, 7. THIS by-law shall come into force and take effect on the passing thereof. READ a FIRST and SECOND time this 28TE day of MAY, 1996. bdyvw stcorvtrD By �r-- .- - "p CLZ= MEAD a THIRD time and FINALLY PASSED this 28TH day of MAY, 1996, b@YVW BY >Kss� s#COND=D BY CT.1ilR1eC r 1-519--422-2644 TOWNSH I P OF AMBEL 966 P02 APR 03 ' 96 13: 26 TOWN'SH I P OF AMABE L SEASONAL RECREATION TRRILER NEGOTIATING COMMITTEE MARCH 29, 1996, 11:00 A.M. The meeting was held at the Sauble Community Centre. IN ATTENDANCE Ken 'Williams, CAO, Bosanquet Bud Orr, Bosanquet Fred Brierson, Councillor, Normanby Lawrence Copeland, Councillor, Normanby Susan Shannon, Clerk -Treasurer, Normanby Laurie Weppler, Councillor, Normanby Jim Boyle, Reeve, Kinloss Township Leo Murray, Deputy Reeve, Kinloss Township Marcel Gobeil, OPC, olinanne Grant, Clerk -Administrator, Georgian Bay David Parks, Planner, Georgian Bay Ron Ernst, Councillor, Amabel Dick Waugh, Councillor, Amabel Pat Stock, Treasurer, Amabel Bob Hewines, Clerk, Xeppel Township Barb Fisher, MPP, Bruce Also in attendance were representatives from various trailer parks, Ministry of Tourism, Toronto and the Reeve and Deputy Reeve of Amabel Township. Chairman Dick Waugh welcomed all those in attendance to the Township of Annabel. All those in attendance were requested to introduce themselves and state what Municipality they represented. Mr. Waugh requested that Ken Williams of Bosanquet Township give a history of what has transpired to date in regards to licencing and/or user fees on trailers and relate to those in attendance what transpired in Toronto on March 19, 1996 when AMO, Ministry representatives and the executive of the O.P.C.A. met to discuss future strategy. Marcel Gobeil, Executive Director of the O.P.C.A. outlined what the O.P.C.A. objectives were and where they plan on going from this point forward. Mr. Gobeil stated that they feel a fee should be between $20.00 and $50.00 annually. Pat Stock, Treasurer of Amabel Township outlined to those in attendance Bill 26 and the differences between Sections 236 and 220 and Provincial directives received to date relative to Section 236. Mr. Stock also outlined that presently Bill 26 allows each level of government to levy a fee. As an example the Township of Amabel could levy a $50.00 user fee and the County of Bruce could also set any fee they may sae fit. Mr. Gobeil of the O.P.C.A. felt that it would be very difficult for a camp owner to accept a fee in the middle of a year. He felt that a fee should be implemented mid -year for the following year. Winanne Grant and Piave Parka of Georgian Bay ,Township spoke in regard's to their Municipolity and how they have not recommended a fee yet. They also spoke about their own situation and the comparison of services to cottages vs. trailers. Bosanquet Township stated that each trailer in their Municipality costs the Municipality $42.00 to $45.00 per unit annually. 1-519-422-2644 TO4NSH I P OF AMPMEL 966 PO3 APR 03 ' % 13 c 2'7 Representatives of Normanby Township revie%Jed their draft by-law and related their experiences to date. Barb Fisher, MPP for Bruce spoke in regards to her efforts and investigations undertaken relating to this issue. She stated that Bill 26 is flawed and regulations will be forthcoming to correct these flaws. Ms Fisher stated that she would assist in attempting to facilitate a meeting of this group and the Ministry of Municipal Affairs in order to resolve the issue, Marcel Gobeil stated that his Association is preparing a submission to present to A.M.O. on April 19th. Mr. Gobeil also stated that his Association represents owners of campgrounds which have approximately 50,000 trailer sites in the Province. Barb Fisher and Ken Williams both addressed the issue of permanent and seasonal trailer units and the need for appropriate municipal by-laws, 'Ken Williams offered copies of their Municipal by -lags to any Municipality. Marcel Gobeil brought up the issue of assessment vs. user fees and really what do the Municipalities want? The clear consensus was that assessment would not work as it would create additional workload and increased cost to the trailer owners and to the Municipality. Representatives of Georgian Bay Township stated that they did not have any elected officials present and must be cautious with their comments. They will be presenting the issue to their Council very shortly and expect their Council within approximately three weeks will be well enough educated on the issue to take a stand. The Chairmen Questioned the possibility of representatives of Bosanquet and Amabel attending at A.M.O. with the O.P.C.A. on April 19th to present a united front in regards to a) a set fee b) a mandatory fee Provincewide c] assessment of permanent camping units dj only lower tier may levy fee. Barb Fisher stated that the Ministry will listen to Municipal representation as this remains an unresolved issue. She also Btated that A.M.O.'s position is taken very seriously. She suggested that it would be of value from each Municipality to determine their volumes relative to Provincial totals. Marcel Gobeil recommended that O.P,C.A. will formulate a policy in regards to this issue and circulate to the Municipalities prior to the April. 19th A.M.O. meeting, Dick Waugh concluded the meeting by stating that the goal is for each Municipality to determine their own needs and be prepared to have a fee schedule in place by June 30, 1996 and hopefully having the Province on side by this time. Mr. Waugh thanked all those in attendance for their input and felt that we have all achieved an understanding of the issue. The meeting adjourned at 2:15 p.m. 1-519-422-2644 TOWNSHIP OF AMABEL 966 P01 APR 03 '96 13:26 The Corporation of the SALMIJ; ON UM0 NOH 2W TELEPHONE (519) 422-M51 F 4 TELEFAX TRANSHI S S IO ' RECORD DATE TRARSMITTED r o r. 3.y \ (o. TRANSMISSION TOr ��� ��� � L A. S4 rAZ NUMBER. TR 5HI'SIoN PROM: LV : S UBJ ,G'T! MCI-' CI-' n.- e% %,%.A e- TOTAL NUMBER Or PAGES TRANSMITTED, INCLUDING THIS ONrs 3` coNFIRHATION RE UIRED* YES NO HARDCOPY r© ON YES NO MESSAGE e Jr LnewrlIt--r TwP. -in�5- s2$._ l S!�Q- e I _ 91& `Tw C M 1--f . P+'7 ., . �•.r� tr@OLA Asp . , j - '51- 31 3 is SENT MTs it You should 'baei any ditfianity receiving this total transmission, Please calls (519)422-I553 Iassdiattiy THANK YOU THE CORPORATION OF THE VILLAGE OF PORT BURWELL P. O. Box 14. Port Burwell, Ontario NOJ I TO telephone (519) 874-4343 fax (519) 874-4948 Memo To: Council From: D. Free Re: By -Law 95-32, Regulate & Licence Trailers Date: June 22, 1995 I have previously identified that there must he new sources of revenues in order to maintain the existing infrastructure, roads and other services as well as to expand the infrastructure to a point which is deemed to he acceptable to the ratepayer. Through previous analysis that I have provided, the municipality 6o limited revenue sources. Least of all we can afford to have reduced revenues from properties which proportionally do not render the taxes to the municipality that they should, compared to residential properties. To this end By -Law 95.-32 is being proposed in order that a licence fee can he collected for the operation of a trailer park. The amount proposed is not the maximum amount and I have attached the Municipal Act section which indicates that there is a maximum amount of $20.00 per site per month which would he a licence fee. I have also attached comparisons of taxes for properties of similar sizes and areas as well as others which are not similar in size and complexity. There is significant discrepancy with regards to these revenue sources. This by-law will unfortunately mean rental increases for an equivalent amount of the licence fee for all the trailers within these areas. However, these residents do have the benefit of using the municipality's infrastructure and at the same time contribute towards the municipality's infrastructure. This does not include user fees (water/sewer) as they are separate. Please review the attached at your earliest possible convenience in order that we may have some opportunity to recover revenues for this year. David Free David R. Free, CET, AMCT(A) • Administrator/Clerk-Treasurer e V'Wage of Port Burwell Properly Comparison Property Area. (in Acres) Property Taxes Busineu TAX" Total Taxes Nesbitt 0.25 $1,304.97 $0.00 $1,304.97 D. Mason 0.92 $1,323.35 $0.00 $1,323.35 C. Aibn 0.25 $1,119.55 $68.81 $1,188.36 T. Lena 3.04 $10,548.08 $0.00 $10.W.08 Green Acres 2.57 $3,9 05.52 $203.99 $4,109.51 Milton Towers 1.11 $17,574.31 $0.00 $17,574.31 PROPCOM P.XLS 1-519-422-2644 TOWNSHIP OF AMABEL 514 P01 NOV 08 '95 12:00 The Corporation of the r iL t. #1, SAUELE BEACH, ONTAM0 NOH 2GO TELEPHONE (519) 422-M.. FACSEMII (519) 422-284 TELEFAX TRANSMISSION RECORD DATE TRASSMITTED i _ 8 i S 5 TRANSMISSION TO: Fr CG FAX NUHBER r 1 " J j, -- C8`-i TRAM9MTSATnu rpnw. �... 0 C_� SUBJECT: TOTAL Nunn or PAGES TRANSMITTED, INCLUDING THIN ONE: i CONFIRMATION REQUIREDs HESSAGEt YES NO HARDCOPY FOLLOW-UP YES :SS+m, ics , 1 n,s1,. C- Il-Glj � i • 4_3 f44M P_ if you should have any difficulty receiving this total transmission, Pleas* call, (SI9)422-1551 Immediately THANK YOU 1-519-422-2e44 TOLWHIP OF AM BEL 514 P02 NOV Oe '95 12:00 The Corporation of the TOWNSHIP OF AMABEL R.R. #1, SAUBLE BEACH, ONTARIO NOH 2GO TELEPHONE (519) 422-1551 October 2, 1995 FACSD4I1X (519) 422-2844 barb Fisher, M.P.P. 904 Queen Street Kincardine, Ontario N2Z 2'Y2 Dear Barb: As requested by yourself, the Township of Amabel have prepared the attached submission regarding trailer parks in the Municipality. Our hope is that with our submission and that of other interested parties, the ongoing controversy of trailer owner vs. cottage owner will once and for all be set aside one way or another by the Province of Ontario. As the Minister of Municipal Affairs and Housing on August 21, 1995, to the Association of Municipalities of Ontario stated: "we have to work together to sake changes." "We'll have to continue to find new grays of doing business, or ways to get out of businesses we shouldn't be in." As a Municipality, taxation is one of our businesses and for this to be fair and equitable, a change in the taxation of trailer parks as outlined in the attached submission is required. 'We are prepared as a Municipality to meet with yourself or any Ministry to present our brief or to assist in the discussions which will ensure and hopefully and in the Province of Ontario preparing and ultimately passing the required legislation to licence certain trailers in seasonal trailer parks. Thanking you for the opportunity to be able to present our brief, we remain Yours very truly, Patrick J. Stock Treasurer Township of Amabei /k.k encl. 1-519--422-2644 TOW SHIP OF FdM EL 514 P03 NM 06 f % 12: 01 TOWNSHIP Ot AMABZL SUBMISSION TO MINISTRY Of MUNICIPAL AFFAIRS PROVINCE Of ONTARIO CONCERNING TRAILER PARKS BACtaROWD The Township of Amabel has approximately 3,000 tent and trailer sites within the Municipality. Approximately 2,000 of these sites are occupied on essentially a permanent basis year round. The permanency is evidenced by the fact that very few of the trailers have current licence plates and that a large number of then have poured concrete patios and additions, either expando or otherwise attached to them. The use made of these units is the same as that made of any cottage dwelling in the area. Trailers do have a very limited use in the winter months, if any, while some units have been winterised and do experience some extra winter use. There are approximately 2,000 cottages, which numbers show that the uses within the Township cottage units and trailer units is very similar. CONCERNS The Council of the Township of Amabel, by majority, recognizes the importances of the campgrounds on the econosy of Sauhle and Asabel and the part that this specialised com■unity contributes to the Municipality as a whole. There has been continuing controversy over what the campgrounds contribute financially to the Municipal funding. The hope of the Council of the Township of Anabel is that this Municipality should not, in two and a half years time, face another election campaign focused on the campground question. Thus, the need for expedience. ASSUMPTIONS It is assused that all Asabel populations, (campgrounds, cottagers, permanent, and non -permanent) use what the community of Sauble Beach has been very progressive in establishing and saintaining; such facilities as a Community Centre, tennis courts, ball diamond, library, lawnbowling facilities, nature trails, community -public school and other amenities. The Township of Amabel maintains and operates a beach park of approximately 3 miles in length, which beach is known as one of the finest sand reaches its North America. Within the beach pant, there are four washrooms, change room facilities and panting areas which are maintained, supplied and operated by the Municipality, and funded from property taxation. Further, all population groups use the Township of Amabel Municipal Law Enforecent Department, Fire Department, recreation programs, etc. along with other expected Xunteipal responsibilities. Admittedly, the cottage owners receive Municipal services right at the door step while there are no Township generated Municipal services provided internally to the campgrounds except fire emergency and first response (medical aid). 1-519-422-2844 T0.Nt1P OF AMRBEL 514 PO4 NOV 06 '95 12:01 ECONOMIC REALITIES A conservative estimate of the taxes related to the average recreational dwelling results in a total tax bill of $1,200, of which S276 remains with the Township of Amabel. A trailer or camp located on a campsite generates a maximum, (the assessment figures include all capital improvements such as convenience stores, maintenance and washroom buildings, indoor pools and caretakers residence if applicable) of 312 to $15 per site for the Municipality. OPTIONS AND SOLUTIONS Allan McLean, M.P.P. 9iscoe East, in correspondence dated November 18th, 1994, wrote from his official position as the P.C. Caucus Critic for Municipal Affairs (Rural) that a former P.C. provincial government had proposed the following solution: "A mandatory $50.00 Municipal fee, indexed on an annual basis to keep pace with inflation for each seasonal camper unit located in a campground offering seasonal camping, regardless of location in the Province of Ontario, with the onus on the campground owner (private operated, Municipality, Conservation Authority) to collect the fee from seasoned camper and remit it to the Municipality." In the foregoing, seasonal camping units were defined as units which occupy a campsite for an uninterrupted period of more than 90 days. A memo dated August 14th, 1990, addressed to the Township of Amabel Council from its Treasurer addresses licencing versus assessment - trailers. The issue of assessment versus licencing was also addressed by the Fair Tax Coamission. A recommendation put forward by the property Tax Working Group recommended that recreational trailers located on a site for more than 90 days be considered permanent and be assessed and taxed on the same basis as cottage and residential property. Representatives of the Trailer Park Operators and of various Municipalities urged the Fair Tax Commission to support the recommendations of an inner ministerial committee of the provincial government as described in the working group report and to reject the working group's recommendation. This approach called for the introduction of an annual permanent fee for all mobile trailers located in campgrounds for mare than 90 days and occupied by persons who have a principal residence elsewhere. Amabel believes a fair approach to the taxation of recreational vehicles and trailers lust distinguish between transient and temporary use and between temporary and permanent use. Amabel feels that a review of the attached documentation will demonstrate that an alternative to assessment and taxation, would be a flat fee. What must be recognised is that the fee applied to seasonal and recreational residents of trailer parks should be commensurate with that paid for similar Municipal services as other seasonal residents, recognising that some are wore direct for cottage properties. 1-519-422-2844 TOLNSHIP OF AMAIEL 514 F95 NOV 0O '95 12:02 If assessment is adopted in place of a licence fee, the tatter of trailer's depreciating value must be addressed. The Municipality does not have the manpower, nor does the local Assessment Office& to carry out Section 442 reassesssents on an annual basis. RECOMMENDATION The Township of Asabel request that the Province of Ontario initiate a SS0.00 fee per site. This fee would be collected from the campground operator. Correspondence is attached from the Ontario Private Campground Owners Association addressed to Patrick J. Stock, Treasurer -Tax Collector, Township of Amabel and Kr. Kenneth J. Williams, Chief Administrative officer, Township of Bosanquet, dated August 19, 1994 which states: "O.P.C.A. would support a permit fee at a reasonable level only if it were part of a comprehensive agreement. This agreement must address our concerns involving assessment, taxation., lot licencing, universal application, payments direct to local Municipalities, adequate process and controls and cap on future increases." This letter continues: "The matter still festers bzcause we cannot get the Provincial Government to act." The recommendation of the Fair Tax Coanission in part reads as follows: "All recreational vehicles and trailers located in a campground or trailer park for a period of more than 00 days should be subject to a flat fee for each month of occupancy. The fee should be established by the Provincial Government to approximate Municipal taxes that would be applicable to the structure if it were a permanent dwelling, converted to a sonthly payment. Fees would be collected by campground or trailer park operators and remitted to the local Municipality or, in an unorganized territory, the local Roads Board." SUPPORTING DOCUMENTATION Attached is a trailer permit fee proposal prepared by the Township of Bosanquet. The Township of Anabel supports this proposal in principle but would refine the definition of "permanent units". Future discussions regarding the definition of a trailer might further clarify the difference between permanent and seasonal and should also address the difference between the seasonal trailer and a mobile home. 1-519-422-2644 TOWNSHIP OF AMPMEL 514 P06 NOu 06 '95 12:02 We have also attached copies of resolutions which vere passed by the Association of Municipalities of Ontario in August of this year and also supported by various Municipal associations. The Township of Az&bel fully support both of these resolutions, one being entitled "Trailer/Lot Liceneing" and the other "Assessment -Mobile Hales". (3 The Corporation of the ViUage of Port Burwell Pa Box 10 21 Pitt Street Port Burwell CAN NOJ 1TO BY-I.AW 95-32 Being a by-law to regulate and license trailers and trailer camps within Village of Port Burwell. WHERE section 236 paragraph 15 of the Municipal Act, R.S.0 1990, c. M.45 as amended gives Council the powers to pass bylaws as follows; 15. For licensing, regulating and governing tourist camps, trailer camps and motels. Definitions (a) In this paragraph, ""tourist camp' includes auto camp and any parcel of land or premises equipped with cahins used or maintained for the accommodation of the public, and any parcel of land or premises used or maintained as a camping or parking ground for the public whether or not a fee or charge is paid or made for the rental or use thereof; "trailer camp" means land in or upon which any vehicle, so constructed that it is suitable for Tieing attached to a motor vehicle for the purpose of being drawn or propelled by the motor vehicle, is placed, located, kept or maintained, even if the vehicle is jacked -up or its running gear is removed, but not including any vehicle unless it is used for the living, sleeping or eating accommodation of persons therein. (b) Any by-law passed under this paragraph may, among other things, i. require trailer camps to be divided into lots, each to be made 1 available for the occupancy of one trailer, ii. provide for the issue of licences for a period of one month or longer to the owner of a trailer camp for each such lot to be made available by such owner for the occupancy of a trailer during the currency of a licence and prohibit the use of any lots for the occupancy of trailers without a licence therefor, require a licence fee of not more than $20 per month payable by the owner of a trailer camp for each such lot and require fees to be paid in advance, except that where a pot is to be made available only for temporary occupancy by persons who continue to maintain elsewhere a usual or normal place of residence or for occupancy by a trailer that is assessed under the ikBsessment Act, no licence fee shall be charged. AND WHEREAS the council deems it expedient and fair to license trailers and trailer camps towards maintaining the municipal infrastructure. NOW THEREFORE, the Council of the Corporation of the Village of Port Burwell enacts as follows; 1. That all trailer camps within the Village of Port Burwell are required to pay a license fee as prescribed in Schedule "A" forming part of this bylaw. 2. All trailer camp operators are required to submit on a monthly basis for the approval of the Administrator/Clerk-Treasurer a site plan of the camp sites occupied within the trailer park. 3. Submit a detailed site plan identifying all infrastructure (electrical, water, sewer lines) including storm drains, fire routes, emergency routes. 4. All trailer camp operators are required to submit accurate site plans to the Administrator/Clerk-Treasurer updates of the plans from time to time when any changes to items as described in section 3. forming the bylaw. 2 Read a first and second time this 14th day of November, 1995. Reeve Administrator/Clerk-Treasurer Read a third and final time this 14th day of November, 1995. Reeve Administrator/Clerk-Treasurer If 3 Schedule "A" The greater cost of the following; A charge of $10.00 ,per trailer per month; 2. A charge of $0.50 per day if occupancy is less than 15 days; 3. Failure to report occupancy accurately will result in a flat fee ,penalty of $20.00 per month regardless of time occupying site. 4 Memo Date: March 7, 1996 To: Council From- D. Free Re: Trailer Park License Fees Draft Bylaw 95-32 Council: THE CORPORATION OF THE VILLAGE OF PORT BURWELL PO. Box 10, Port Burwell. Ontario NQJ I TO telephorse (519) 874-4343 • Fax (519) 874-4948 I have previously advised Council with regards to the above said bylaw which would impose a license fee on trailer park users within the municipality. Based on the further dialogue with the coalition of municipalities (Township of Amable, Township of Bruce, Town of Southampton, etc.) a meeting has been established for March 29, 1996. A fax memo is to confirm this meeting which is anticipated to be recieved in our offices during the week of March 11, 1996. Councillors are invited to attend this meting. I shall keep Council appraised of the progress and results of the meetings in these matter. David K Free, CEf; AMCT - Adminlstraw/Clerk-Treasurer 1-519-422-2844 TOWNSHIP OF AMABEL 514 P07 NOU 08 r95 12!03 1EMATWEA ALY AUAN NdEAR, U". SKMEKST November I8.1M fl !Irl'i / Der W. Mmps on: This U to umawlcd; a your phone enquiry of may! Nmwiber 17.1994. 14 CddM1WPMWat PA 80 2120 Gaft L3V Ov TIL (M =I am 4 Nuest. Oat Lpt1l0 TIL go 54.4w As the PC CLwus Cddc far Municipal Affairs (Rural), I want to assure ycaI share time view of and cvm*= mgarding s=sona! cumpem Then via = do not beu their fak sham of the local mmmadpal tax burden, Seasonal muila residents do not awrentty condibute inwards the cost of ptuvid g munidpai services,, even though dwy oltm =zWc In deer urzin for several months of the year. A fw= PC provincial government had proposed the following solution: geas© al inner LIgensing. A numic ipal fee, fiukxed on an annual basis to keep pace with inflation for each ma sood wa I oca ted in a canPpwjnd offering seasonal c wnping. regardless of locazion wltlua tbt provir= with the own on the carwoand owner (Pnvatc operamr! mutuality, consery don Rath;') to cOB= tlse fee fmmm . season camper and remit It to the municlpaltty►. In the case of an tmorg nIzed • to the Truma of Ontuio. "S+etwnd Curipe r Units" which attract this municipal fec can be eaAy defined as 'units which oo=py a campsinc for as un;nmmgy ed ped d of more than 00 days' and need moot be defined by rypc of uWL N 1 M / • ++ • r !/ ! !Yf iY f i f r�+ ■ �. r. • / li ! YY I N MNY+ !!' } • / fM =1=411! ■ ! r'r 1! '! • it / ! • !. ! !.! ! f l... ! �• 1 . r■ 1 ■ '! rf•• !^ N! ! �1 �! 1! 1 -/ ! �! !! Mrs! I. . •• • 1 r1 t1 �•. r il�f • ■ • Bail-, • .*nal ! r•;.. My d mnks for taking the time remake your views know and fee allowing mane the opportunity to +raplain my poshion on this sous simir6on . ice./tw AVOLE bLPP. FASC 1-519-422-2E44 TOWNSHIP OF AMABEL 514 P06 NC]V 08 '135 12:0 M EM4DRJe►N DUM C � C]EAITIAL August 14, 1990 To- Township of Amabel Council FR M: Patrick J. Stock, Treasurer L: caV+c:rti SL SJ ECT : Trailers -* vs. Assesswant ) Earlier this spring, the Province announced that Trailers which occupy a lot in a Trailer Park by the season wou 1 d pair up to $ 50.00 each to the l oca l Municipality. This fee would be collected and remitted to the Municipality by the Trailer Park owner. Vary simple and little administration fees for the Municipality. Through our By-law Officer, we would be able to monitor and verify the number of seasonal trailers in each park. Now for whatever reason, the Province through the Ministry of Revenue have decided to assess and tax these seasonal trailers. If the average trailer cost is $20,000 -- $30,000, then total tax is somewhere between $160.00 and s240.00. The Township's share of this would be s40.00 to $60.00, depending on the value. We must also keep in mind that trailers depreciate in value as compared to other recreational properties which tend to appreciate annually. In order to collect this $40.00 to $60.00 (Township share) we must issue tax bills, arrears notices, etc. We could be increasing our taut roll by 33%. There would definitely be a cost to the Township of Amabal (staff, supplies, postage, etc.). The Ministry of Revenue, Assessment Division, mould need to put a great deal of effort into locating all of these units on an annual basis. If any of these units were removed f. the Trailer Park, a Section 426 (TaA Cancellation Form) would have to be filled out and manually completed within this office. If the Trailer Park owners move the trailers to a different location during the winter months, we would have to increase staff as each of these forams Is a manual operation and ultimately result in decreased revenues (possibly rut in half) to the Township. I believe that assessing of trailers would also give each owner the franchise to vote in the Municipal election. Your voters list could increase by 502 if the owner and spouse were included. When I sat on the Committee in Toronto, studying licancing vs. assessment, all parties agreed that the licence was the only viable option available. we cannon figure out where the push for assessment has come from. I f i rmr l y believe that assessing of trailers will cause relations between the Municipality and Trailer Park owner to deteriorate, cost the Municipality MOM through 4wtra costs Incurred due to trailers moving, etc., vs the licencir4 option and what do occupants of trailers contribute financially to the coa.eercial viability of a comimrunitya Will an extra $200.00 plus man that there could be 'less trailers in the future? I don't have the answer to this. 1-519-422-2644 TOWNSHIP OF AMABEL 514 P09 MOU Oe '95 12:04 2 In my opinion the licencing option was much better for the Municipality. Trailer homes as defined in the Assessment Act were to be assasaad and seasonal units were to be subject to the licence fee. After reading the foregoing, 4:04001 wy with to pees a resolution of saws sort Petitioning the Province of Ontario to rethink their options and possibly dange their present course of action. /kk 1-519-422-2LIA4 TWGH t P OF MPBEL 40 Oalmrsify A reacc, Srf a 1116 %/aA0, U+uary 0, MSJ 111 Te (416) P"-NU Fax, (416) 0".32" Mr. Patrick 1. Stock Treasurer, Tax -Collector Township of Amabel R.R. 11 Sauble Beach, ON NOH 2GO Dear Sirs: 514 P10 August 19, 1994 Mr. Kenneth J. Williams Chief Administrative Officer Township of Bosanquet 3 Louisa Street, P.O. Box 2+69 Thedford, ON NOM 2NO Moj 09 - 95 12: 04 ryti A\ There have been recent articles in the press referring to a possible permit fee for seasonal trailers and campgrounds. Representatives of OPCA met with you in March to determine if there was common ground in our desire to reach a settlement of this long outstanding issue. The position of our Association remains unchanged. We would like to see an early settlement. However, comments reported in the newspapers suggesting the terms of an agreement are incorrect. OPCA would support a permit fee at a reasonable revel only if it were part of a comprehensive agreement. This agreement must address our concerns involving assessment, taxation, lot licensing, universal application, payments direct to local municipalities, adequate ,pracew and controls and a cap on future increases. It is unfortunate, but it would appear that the co-operative approach made to attempt to resolve a problem has been used to attempt to create more problems. As you are aware, there has been outstanding now for some six years, a settlement proposal accepted by au members of an into -ministerial committee dealing with the problem. The matter still fratrxs because we cannot get the Provincial. Government to act. I think all of us in atten+darxe at our informal discussion strongly believe the master can be settled by negotiations. We repeat our position remains unchanged from our position at the and of our meeting. We sincerely hope that erroneous news stories and statements made by individuals on their own behalf and not on behalf of OPCA will not destroy our ability to reach a negotiated solution. FG1md cc - Reeve, Township of Amabel Reavc, Township of Bosanqueet Yours very. y. ?.�� L_ PER: FREE GRAY Managing Director - >t +o ► i ',�' Awned neon/r��).01r.s►rld �rx Afi►1c►tso 1-519-422-2644 TObll+SHIP OF Af1ABa 514 P11 NOV 08 '95 12:04 T ,:wn , f Bosaligl et T�iJ►IL PERMIT r ry TRoBtySAL 16 'Ra':1 '"s The fo:_low�ng suawlarJzes a proposal for an annual trailer permit too to be levied Province wide. This proposal cones about as a rssuit of marsy years of ongoing discussions aad recent meetings with the Or►tario Private Campground Association (OPCA), the Township of Anabel and the Town of bosanquet. This proposal incorporates many of the recommendations of a 1992 Ministry of Municipal Affairs information paper entitled "Assessment or Licensing of Seasonal 'Trailers" Definitions: The following definitions shall apply: A. "Campground" shall mean land in or upon which more than one trailer is placed, kept or maintained, even if the vehicle is jacked -up or its running gear is removed including but not limited to trailer parrs, conservation authority parks, municipal parks, provincial parks and lands owned, operated or maintained by clubs, associations or organizations. b. "Trailer" ahal! ruean any vehicle so constructed that It is suitable fcr being attached tc a motor vehicle for the purpose of being drawn or propelled by the motor vehicle, even if the vehicle is jacked -up or its sunning gear is removed, but not including any vehicle uuless it used for tht living, sleeping or eating ac.orvaodation of persons therain. C. "Seasonal Rental Agreement{ shall mean any agreement entered into between an individual aa7d a c:anpground owner or operator the tarn of ,obi ch extends beyond one nonth . ob� d . "Seasonal Camping Cnit" shall mean any "trailr�r�' _ �s located in a "campground" in any calendar year for a period txcsading ninety (90) days or for which a "Seasonal Rental. Agreement" euixts.�'hgrg% the a "Ps nen Can nq G it" hal me an tr ier ho s cu n d s of in n ri p r e a ew w e prop& t• r a s o as 1 Clauses: 1. An annual parfait fee would be charged for each "Seasonal. Camping Unit* in a municipality or unorganized territory in the Province of Ontario. 2. "Permanent Camping units" would be assessed for and sabject to property taxation. 1-519-422-2644 TDWNSHtP DF AMABEL 514 P12 NDQ Oe '95 12:05 3. Identification of saasonal cr permanent camping units would bo based on a Cta:utor-y declaration, in prescribed format, filed by an occupant at the time of registration of occupancy, or once the term than the camping unit is located in a campground makes it a "aa3sonal Camping Unit" or "Permanent Camping Unit "' . 3.1 inhere the statutory dec:lar&Lion indicates that the unit is a 113eazonal Camping Unit", tnen the annual permit fee will bo payable. 3.2 Where the statutory declaration indicates that the unit is a "Permanent Camping Unit", then the unit will be assessed for property trues and the annual permit fee will not apply. 4. The annual permit fee shall be set by Provincial regulation initially at $ 50 per year. The prescribed fee will be adjusted once is every five year period by the cumulative ennsumer price change over that sane five year period. S . The annual permit fee, where applicable, shall be imposed upon and payable by each trailer owner or occupant. upon payment, a permit "sticker" will be issued and affixed to the camping unit in a location where it is visible from and facing towards the campground roadway (generally the front window) . Stickers shall be transparent, with the year imprinted on them and shall be pre-n1zDbered. 5.1 There shall be only one current, valid sticker required Province wide, per seasonal trailer per year. 5.2 Only one (1) an:zua l permit fee shall be imposed por year per trailer. lherefors, occupants of camping units ttransforring to a now campground shall not be required to pay an additional pornit fee as long as the unit displays a current, valid pernit sticker. 6. Municipalities will not be required to share permit fee revenues with upper tier municipalities or school boards. 7. Each carnpgrou,nd operator will be required to: 7.1 obtain from the local municipality a supply of statutory declaration forms and permit stickers prior to 31 July of each year for the following calendar year. Permit stickers shall be pro -numbered and campground owners shall be held responsible for the issuance, safeguarding and accounting for all stickers issued to them. 7.2 Euaura that all "seasonal camping unitss display a current, valid permLit sticker and ensure that all camp users complete the 'statutory declaration" referred to in point 3 above. 1-519-422-2644 TOWNSHIP OF AMABEL 514 P13 NOU tie '95 12:05 7.3 Collect tn2 dpNlic:abla pa:-mit fee from aath ''seasonal camping unitn occupant or owner and remit payments to the municipality as per E below. 7. 4 Prepare at ruconci J. i.at ion as at 30 September of each year, in pres_r•.ibered format, of parrraanent and svaao.lal c:anping units. This reconeiiiation and any non issued Permit stickers shall be submitted to the municipality on or befare 15 November of each year. 7.5 The campground owner,ioperator will have an agency relationship with the Local municipality similar to retailers collecting Provincial sales Tax on behalf of the Provincial government and is entitled to an "agency fee of 5 5.00 per permit issued and remitted to the municipality. The prescribed agency fee will be adjusted once in every five year period by the cumulative consumer Price change over that same five year period. 8 PaYm"t of permit fats, less agency fAss, collacted by the campground owner./operator shall be made to the municipality no lator than 15 No erLbezr of each year. Permit ices will be treated as general revenues of the recipient local municipality. 8.1 failure to remit permit fees collected by 15 November will result in penalties and interest being assessed to the campground owner. Penalties and interest charged will be the saran as perraitted by the Municipal Act on propett.y taxes. 8.2 Failure to remit per at leas collectad by 31 December of any year will lead to the amount due being added to the campground owners property tax account and treated thereafter in a manner similar to that applied to property taxes. 9. The iocal municipality stall have tt,o : ight to vitrify the accuracy of reconciliations filed and shall have the right to visit each campground within its jurisdiction and prepare an inventory of camping units located within the campground for an extended period of time. 10. The effective date for implementation is 1 J'anuaary 1996. 1--519-422-2644 TOLI+FSH I P OF AM I,BEL 514 P 14 NOV Oe ' 95 12 : 06 '-LE number: SEASONAL I , f laws) --- principal residence at hereby dRclare that I maintain a ( address l ...i. - upoA which property tastes are assessed or assessable and that my camping unit located in (cmM nazae ) is for seasonal use only. Signed by; Witnessed by: — bate FERMMEpr I, --(a ,, hereby declare that my camping unit located in is my permanent rezid6nce. Signed by; Witnessed by: _r Date tr_ the following- ameolssi s 1. Is this camping unit being transferred from another campground in Ontario rYes or No) ' -- (If "Yes" then complete number 2) 2. mave you previously paid the permit fee for this current year : (Yea or Vo) ? (If *Yes* than complete number 3) 3. Permit sticker dumber : __ 1_519--422-2644 TOLWHIP OF RMABEL 514 P15 NOV 06 '95 12:0? ALC.QKQWATIQx 9E UNITS Part A: Reconciliation of Permit stickers issued to Campground. Number of permit stickers issued to Ownerl'Operator; Number of seasoned parm.its issued : Number of permit stickers returned to Municipality: Part B: Reconciliation of Permit fee Rovenue: Seasonal Permits issued (from above) Annual Sere S SO-00 Total collected ( number issued x annual fee) Less: Agency fees ( number issued x $ 5.00) Remittance due (Total less agency fees) :'.i rt C : Declaration summary: Seasonal declarations: Total nur"r submitted = Less: Trailers transferred into campground with valid current permit stickers issued from another jurisdiction , New seasonal declarations (equals seasonal permits issued per Part S) Permanent Trailers on site . Part D: Campground owner imfarnation and declarations Campground name: Municipality Prepared by Date I hereby declare that to the best of my knowledge and belief, the information contained herein is accurate and coaplete. signature: 1-519--422-2B44 TOL "3H I P OF AMABEL 514 P16 NOV 8Q ' 95 12: 0? tt aria rejo-4in°J`► 4o PASSING TAX SAVINGS THROUGH TO TENA S ($I) ■ Rtsidentiai tents should be made aware of the sssainncnt area caorrespaadiaf property taxes that apply to the property they o=zp y and that are reflccteid in their rem. Municipalities should be regaitud to send ptoperry tax notices to all teaoa M infonziWS tbesn of an taxes applimbl+e to tfxir units. should be developed to ensure that landlords are able to pass on increases in propc�tty tax vW that amants readve full credit in ttw r runs for any reductions m property tau that result from reform of local government financing. ■ I aml =overnmient fear= reforms affecting residual rental ptWaty should not be impkinented until such a machani= has been drveWped. (94) ■ AR rea rational vehicles and trai en heated in a amor nailer park for a period of more than 30 days should be subjc ct to a flat fee for eieh month of ocnupuacy. ■ The The should be established by the provincial govmment to sWadmaze municipal fazes Hoist would be applicable to the saucture if it were a pex'=mmu dwellins, oonvestad to a monthly amount. • A ri �•.�t ♦ r it i ce• rA a e i •' r*, 1 i +rr • A • r r A r, •A►� i A 1Ar ■' 1 •ri Ar rat IA • r i' r11 .• RENTAL VALUE FOR, ASSESSING NON REME TI7 L PROPERTIES ( ■ Non-mtsidantial property should be asmped on the basis of she rental value of the property the price that would be paid for property of that class and type for the right to employ dw property in its current use. STATUTORY A NT RATES FOR UNIQUE PROPERTIES (36) • Statutory anearmMt rates should apply to aoo-mural Properties Whose value in current use is dif Walt to Vie. - 3 1-519-422-2B44 TW4SH1P OF WRiEL 514 P17 hC)U Oe 995 12:07 From: Township of Perry 19 ••Yt . Y+�� � M.Y�I�r�Y ,�4JAY■/y i Ontario municipalities have been seeking clewer kgislation regarding traitsr licensing; WKEREAS aRstumant. lot licensing or permit fees have been a kwS standistg issue between campground owners and municipalities; THEREFORE BE IT RESOLVED that AMO petition the Goverruncnt of Ontario to ed with new legislation whereby a municipality would receive funds in lieu of taxes or cease tees for trailers within their municipality; FURTHER BE IT RESOLVED that the provincial ,government be urged to expedite legislation which would require owners of units in campgrounds to pay an annual fee to owners/operators of the a=pgrounds and that this fee be rcmltted to the muia dWIty on an armual basis for each untie. Resolutions Ck�mmitteae Recommended. IM Rural Section MWterm Rewmme=Udon:Support. 11e current legislation in the Municipal Act allow rig for the license fees are ramly collectible due to the fat abet Section lSj (iii) ?emporary occur y by person who continue to maintain elsewhere a usual or normal place of residence', these persons from licensing. The inequity dearly costs been= Section M6(45( �} does not include cottagers who also reside elsewhere. Se"onal trailer tutus remain in a campground on a' perimanene yew round basis and the owners of throe units utilize municipal facilities such m roads, d4osai sites, and fire prowdon services during their 'muron'. It is un r that `seasonal cottagere are required to pay taxes (fees) for these same municipal facadities. - The Township of Percy i3 aware that there is stew leSWa&n be' considered seasonal asonal trader units will be levied a type of fee payable 12rectly to the =Wcipality. This kgisladon was beinS concidmd some three yem ago with no apparent resolution in sight 41 A&pta M0' Dowad W 1-519-422-2644 TI]4 i I P OF AMAIN 514 P16 NOV 08 ' 95 12: 06 From; Town of Flamborough WJUHREAS present leSislatlon flows for the amessment of a mobile homes that have a dexree of permanency; and WHEREAS the courts have astablished that a mobi1e home is a 'struc=e' within the meaning of 'land" under ChAr31 sec 1(d) RSO 1990 of the Assenment Art and therefore is assessable; &M WHEREAS current policy is, under the direction from the Ministry of Finance, to only assess those mobile homes with a tninimum size of 2.6m wide r 11m loth; and the Assessment Program Policy states that smaller unfts may be licenud for road travel but may be usessed if Permanently located, THEREFORE HE IT RESOLVED that AM4 petitions the Ministry of Finance to direct assessment stuff to autu all mobile homes as defined in the Auwme tt Act. for the purpose of oollcrting equitable municipal taxes. Reaoutines Committee m Reomnmendet 19" Rural Section An=,- Mew Support. IM Sm&U Urban Seen Amaral � Rawwmendation Support. Courdy Seed &ecutiva R&w=nen&S= Support. F[JNOM/NOMA Sections Exec tine Reaommendstion: Support kr AieanwwAW AC; '1wt' 'tali pwpsrryo tM %MW Ana' M deft ad w eeW WdWw , meet nnim 1(0 .a, -bwUSLOAL Of ,-Y MA of r4 �• e.i w/ wtw 2up w. w�rddow a+f a�ae... ,4.a. ar pra.d ia, aawr, a.der a..11aw ow ma ale Mover VA ra" y 4m" vrwaiar w woe r �'� af01h" or "M M � �# at aw.h.afrw ar eat tiK .anaawr era lean plaaad vpe. Itia 1d/ pw !e arttry itrratJrr �[ x.y.es. is iti..nir� was, dmt aaae of tee kftadm of permano a w .,d to 4 md& Me good= of %6v&w w tier .drft lmw owN be a namot M�r iaai�t ■w Y t)rwtias W 1aa[a tart Y pYee w wood ho tt41 em mmf t! "M a" trl�ial� n aw l pwqr w sr w �a.� the bw pt is ern Vial do ien 8dw of body beta tints /tr Maws liitlrlM �(i4 till* it Ar Ammmaw 444 �!*tj THE CORPORATION OF THE VILLAGE OF PORT BUR'WELL P.©. Box 10, Port Burwell, Ontario NO) I TO telephone (519) 874-4343 • fax (519) 874-4948 memo Date. February 27, 1996 To. Council From: D. Free Re: Trailer Park License Fees Bylaw 95-32 Council: I have previously advised Council with regards to the attached bylaw which would impose a license fee on trailer part; users within the municipality. This license fee would ensure that trailer park users would he paying fairly and equally (compared to residential land owners) instead of paying nothing. I have, on behalf of Port Burwell joined a coalition of municipalities ('Township of Amable, Township of Bruce, Town of Southampton, just to name a few) which will be initially issuing licenses on a phase in basis starting at $50.00 per month and estimated to reach $150.00 per month within a 3 year period. These are fees which other muncipalities are confortable levying and have a relationship with residential taxation vise vie the Assessment Act. Concern does exist with regard to allowing a period of time for trailer park users to adjust to a new system of revenue generation. Although the license is on a trailer - trailer basis, the owner of the lands are responsible ,for the payment of the monies in a manner suitable to the municipality. As part of the process the protection of the people within the park is facilitated with the reconfiguration of the site to permit emergency vehicle access ( fire truc6, police, ambulance, etc.) David R. Free. CET, AMCT + Administrator/Clerk-Treasurer I had asked Ed Roloson to pride the effects of the bylaw ant his memo is attached for your perusal with respect to this matter. It seems that a bylaw as per the attached will render approximately $34,000 in .license fees ( based on intially $50.00 per month per trailer ). These monies will not have to be shared with the County or School Boards and will assist in softening the effects Provincial cuts and the municipal maintenance issues. In the matter of other municipalities, I shall keep Council appraised of the progress and results of the meetings in these matter. re 4cncls If 2 MEMO To: David Free From: Ed Roloson Date: February 26, 1996 THE CORPORATION OF THE VILI AGE OF PORT BLARWELL P.O. Box ID, Port Burwell. Ontario NOJ IT4 telephone (519) 874-4343 • Fax (5I9) 874-4948 Re: The nurnher of trailers f trailer sites within the Village. Please be advised that Green Acres trailer part currently has 47 trailers located within the park and appears as if it is full. Big Otter Marina on the other hand currently has 20 trailers located within the parr area with mom to hold 30 rnore trailers of which are filly serviced sites ( water, sewer, hydro f• Bradcrana Marina currently has 1 trailer located on site. Yours truly Ed Roloson Chief Building Official By -Law Enforcement Officer David R. Free. CET, AMCT • Administrator/Clerk-Treasurer ���iiv ,L? ffctc�"� t O�✓ 'Ooei?d�ev ��izc� Port Burwell Bye--o Laws By -Laws #95-33-95-46 1995 0 0 The Corporation of the Village of Port Burwell PO Box 10 21 Pitt Street Port Burwell CAN NOJ 1TO Bp -Law 95-33 Being a lay -law to appoint a Weed Inspector. WHEREAS the Weed Control Act, 1988, C. W. 5, R.S.O. 1990 as amended to O.Reg 531/88 authorize the appointment of a Municipal Weed Inspector. THEREFORE the Council of the Village of Port Burwell enacts as follows; THAT Kevin Bradfield is appointed Weed Inspector for the Village of Port Burwell to carry out the duties as required by the said act. THAT this by-law shall remain in effect from year to year unless repealed or otherwise amended by Council. - THAT any by-law not consistent with the provisions of this by-law lie and is hereby repealed. • Read a first and second time this 19th day of June, 1995. Read a third final firm this 19th day of June, 1995. Re e Ad i or/Clerk-Treasurer 2 THE CORPORATION OF THE VILLAGE OF PORT BuRWELL P.O. Box 10, Port Burwell, Ontario NO) ITO telephone (519) 874-4343 - fax (519) 874-4948 Memo To: Council From: D. Free Re: By -Law 95-33 Date: June 1+6, 1995 Auer discussions with Brian Wore concerning the inspection of weeds, it was suggested that Kevin Bradfield he appointed as the Weed Inspector considering his accessihility. If you should have any further questions concerning this matter please feel free to call. D. Free David R. Free, CET, AMCT(A) - Administrator/Clerk-Treasurer The 'Corporation of the Village of Port Burwell PO Box 10 21 Fitt Street Port Burwell ON NOJ 1TO BY-LAW 95-34 Being a by-law to appoint a Deputy Treasurer. WHEREAS the Municipal Act R.S.O. 1990, C. M.45, S. 77 p. 2, as amended provides for appointing such officers as may be necessary for carrying into effect any Act of the Legislature or by- law, and, WHEREAS Council deems it expedient to appoint a Deputy Treasurer in accordance to the position description forming part of this bylaw as Schedule "N`, and; WHEREAS Suxanna Dieleman Mantel has agreed, to perform these functions in accordance with provincial regulations, codes and Village By -Laws. THEREFORE Council enacts that Suzanna Dieleman Mantel be appointed as Deputy Treasurer reporting to the Adminstrator/Clerk-Treasurer. THIS by-law comes into effect on July 1, 1995. Jf Read i first atid second time this 27th day, of June, 1995. Iatrator/Clerk-Treasurer Read a third and final tim; this 274c ay of June, 1995. t nistrator/CIerk-Treasurer 2 The Village of Part Burwell PO .Box 10 21 Pitt Street Port Burwell ON NOJ 1TO 519 874 4343 - €a- 519 874 4948 Deputy Treasurer Appointment December 6, 1996 FORM 4 (Section 94(2)) DECLARATION OF APPOINTED OFFICE l,Suzanna Dieleman Mantel, do solemnly promise and declare that I will truly, faithfully and impartially, to the beet of my knowledge and ability, execute the office of Deputy Treasurer and Tax Collector, that I will truly, faithfully and impartially, to the best of my knowledge and ability, execute the offices to which I have been appointed in this municipality, that I have not received and will not receive any payment or reward, or promise thereof, for the exercise of any partiality or malversation or other undue execution of such offices, and that I have not by myself or partner, either directly or indirectly, any interest in any contract with or on behalf of the corporation except that arising out of my office as deputy treasurer and tax collector. S Dieleman. Mantel Deputy Treasurer and Tax Collector Village of Port Burwell D� FM C.I.T.. A . M.C.T., a tt►. al � /�rw�„ THE CORPORATION OF THE VILLAGE OF PORT BURW ELL P. O. Box 10. Port Burwell, Ontario Naj I TQ telephone (519) 874-4343 • fax (519) 874-4948 Memo To: Council; From: D. Free Re: By -Law 95-34, Appointing a Deputy Treasurer Date: June 22, 1995 BY -Law 95-34 is commensurate with staff planning as discussed and would he effective July 1, 1995. A position description has been attached of the By -Law which outlines the duties. Further to this matter I would suggest that Suzanna will become the Treasurer of the fort Burwell Non -Profit Housing Corporation, at which time I will remove myself from this responsibility. The Milton Tower Corporation is now running smoothly and has its' financial footing that bath the residents and the municipality can he proud of. It has been a 2 1/2 year process to get to this state, however well worth the effort. I have no doubt that with Suzanna as the Treasurer and with Donna as the Secretary the future of the Corporation is in good hands and can operate successfully. Insofar as signing authorities for cheques, by virtue of this by-law and the position description the Deputy Treasurer wX report to the Treasurer. In order to ensure the security of the Corporation and to maintain internal control one staff person will sign the cheques, which would he myself. I would suggest that transfers to various accounts and investments would he Suzanna Is responsibility however done in concert with myself. David Free David R. Free. CET, AMCT(A) - Administrator/Clerk-Treasurer elc VILLAGE OF PORT BURWELL POSITION DESCRIPTION DEPUTY TREASURER ' Reports to: Administrator/Clerk-Treasurer Knowledge: Knowledge of standard accounting practices & procedures Knowledge of Municipal Act Operation of personal computer (associated software ie Lotus 123, Excel, Word Perfect, Newviews etc) calculator and a vehicle since some travel is required Education: Post Secondary Education (College/University) Recognized accounting designation (CMA, CGA, CA) or in level 4 to 5 of a recognized accounting program. AMCT designation would be an asset Completion of Municipal Accounting, Municipal Law, Tax Collectors Program as recognized by AMO Experience: Minimum of 2 to 3 years office experience Previous municipal experience not necessary but is an asset Previous Personal Computer accounting experience rnanditory Leadership: Only supervises office staff in absence of Administrator/Clerk-Treasurer Initiative/Creativity: Adheres to Municipal Act and dither legislation, by-laws and Council resolutions and direction of Administrator/Clerk-Treasurer 1 DEPTREAS.MIS Exercises initiative and creativity in daily operation of office Follows generally accepted accounting principles ro Monitors and improves efficiency and effectiveness of accounting systems and procedures Contact: Daily personal and telephone contact with public as follows; a. in receiving payments on tax and water/sewer accounts b. disseminating municipal information (as permitted under the freedom of information legislation) to public and ratepayers C. liaison with auditors, bank, provincial and federal ministries as directed by the Administrator/Clerk- Treasurer d must have considerable tact required when dealing with the public and administering benefits of employees (payroll benefits) Decision Making: Decisions are required commensurate with authority delegated by the Administrator/Clerk- Treasurer on office systems, policies and procedures by-laws including bookkeeping and administrative matters Worlrin,g Conditions: Works a minimum of 9:00 am to 5:00 pm (7 hours) daily with hours increasing as necessary in order to meet the requirements of the position and the deadlines as established by the Administrator/Clerk-Treasurer Attendance at regular and special Council meetings as deemed necessary by the Administrator/Clerk-Treasurer Must be available to attend extra night meetings as determined by Council 2 DEPTREAS.MTS 1W Performs duties predominately in municipal office however, may require time in other municipal facilities commensurate with the Deputy Treasurer duties as described herein availability during emergency situations Effort: mental and visual demands associated with office work including stress from multiple demands, multiple roles, new and unexpected problems and critical time deadlines for work performance Responsibilities: Perform duties as directed by Administrator/Clerk-Treanzer and the duties as outlined in the legislation, including but not limited to as follows; 2) Payroll organize and post to MT© Roads book preparation of the monthly expenditure summary report prepare year end report final preparation of MTQ grant applications organization of Road Department files prepare miscellaneous reports and analysis as required assist Road Superintendent with administration liaison with MTQ, municipal auditors and engineer review, verify & input time sheets preparation of pay cheques T4's and year end reporting administration of municipal benefits program WCB claims, UIC reports , WCB reports, death benefit claims 3) General ledger accounts payable - receive, verify, code, post, prepare a/p cheques, filing of invoices and cheque stubs and reconciliation of various a/p ledgers for all departments and boards of the municipality cash receipts - review, posting, reconciliation of accounts in accordance with Financial Procedures By -Law 4) Budget assist in the organization and of preparation of supporting documentation assist in the development and setting of mill rates 3 DEPTREAS.MIS 0 A, prepare by-law and resolutions distribute budget to appropriate agencies preparation of miscellaneous government reports in accordance with budget 5) Financial Reporting preparation monthly of balanced financial statements for boards, departments and operations within the municipality ie Water/Sewer System preform account and financial analysis as required preparation of reports, summaries and analyses for preparation of financial statements and FIR preparation of the draft financial statements and FIR responding to various Ministry inquiries in concert with Treasurer preparation of annual public notice of financial statements other reports and analyses as required +6) Other Performs collection procedures for taxes, water/sewer accounts and accounts receivable in accordance with policies, by-laws and guidelines Initiate tax sale procedures. Administration of other government programs as they arise. Monitor cash flow advising the Treasurer of corrective action - loans/deposits. Analysis regarding rate increases such as water, sewer, tax certificates Processing of insurance claims Assist Administrator/Clerk-Treasurer with tender preparation and bid analysis. Perform cash receipts on four tax installment dates and the six water/sewer installments Performs records management duties in accordance with procedures manuals. Other duties as need arises or as directed by Administrator/Clerk-Treasurer. Billing of other municipal services (Rezoning and Minor Variances etc) recovery of municipal costs in association with by-laws and policies. 4 D E PTREAS . M I S I hmhy ac"edge the details of the Position Description for Deputy Treast m employed with the Village of Port Burwell Date 140 Date 5 DBPT'R.BASMS The Corporation of the Village of Port Burwell PO Box 10 21 Pitt Street Port Burwell ON NOJ 1TO BY-LAW 95-35 Being a by-law to amend 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 by-law 94-12 authorized the long term borrowing of money for capital projects, and; WHEREAS certain capital projects were deferred until 1995 due to untimeliness, and; WHEREAS the total amount of authorized long term borrowing must be decreased in order to properly reflect the actual long term borrowing limits as calculated by the Ministry of Municipal Affairs. The Council of the Village of Port Burwell hereby amends paragraph (1) of by-law 94-12 as follows: 1. The Reeve and Administrator/Clerk-Treasurer are hereby authorized on behalf of the Municipality to borrow by way of temporary advances from time to time Canadian Imperial Bang of Commerce ("CIBC") a sum or sums the aggregate amount not to exceed 165,000.00 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 he agreed upon from time to time with CIBC. Read a Bret and Read a gird and this 19th day of June, 1995. 19th day of June, 1995. 2 ft THE CORPORATION OF THE VILLAGE OF PORT BuRWELL R O. Box 10, Port Burwell, Ontario NOJ I TO telephone (519) 874-4343 - fax (5I9) 874-4948 June 20, 1995 Canadian Imperial Bank of Commerce 200 Broadway Tillsonburg Town Center Mall Tillsonburg ON N4G 5A7 Attention: Mr. Jim Bigger Dear Mr, Bigger Please find attached a certified copy of our By -Law 95-35, a by-law to amend By -Law 94-12 which is also attached. Also please note that the Mill Rate By -Law inclusive of the Capital Budget was previously provided to your office, as was By -Law 95-28 the borrowing by-law. I trust that you will find the attached in order and if you should have any questions please feel free to call. Yours truly Free, CET, AMCT dministratorlCle>rk-Treasu rer Encls 4 David R. Free, CET, AMCT(A) - Administrator/Clerk-Treasurer 11 To: Council From: D. Free THE CORPORATION OF THE VILLAGE OF PORT BURWELL P.O. Box 10. port Burwell, Ontario NOJ I TO telephone (519) 874-4343 - fax (519) 874-4948 Memo he: BY -Law 95-35 which amends By -Law 94-12 Date: June 16, 1995 By-L.aw 94-12 was a by-law to permit horrowing in the amount of $260,000.00 for 1994. As indicated from the previous financial statements that borrowing did not take place, therefore ae a matter of protocol, it is necessary to amend the by-law for the benefit of our lending institution, as they (CIBC) illustrate that we only horrowed $160,000.00. This is a "house-cleaning" process towards completing our 1995 long term deht program, and if you should have any further questions please feel free to call. D. Free s w (David R. Free, CET, AMCT(A) • Administrator/Cleric-Treasurer 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: I. The Reeve and Administrator/Cler6-Treasurer are hereby authorized on behalf of the Municipaiity to borrow by way of temporary advances fzom 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 can 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 be a charge upon the whole of the revenues of the Municipality for the current year and A 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 tha 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 be applied for such purpose. 4. The Treasurer is hereby authorized and directed to furnish to CIBC a certified copy of the order. Read a first and second time this 14th day of June 1994. ornas Nesbitt Reeve Free d ministrator/Cleat-Treasurer Read a third and fi4y gassed t�is 14th day of June 1994. N a . Free Administrator/Clerk-Treasurer 2 Village of Pont Burwell Schedule "A" Budgeted Budgeted casts 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 1 5, 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,E 462,750 30,000 172,750 26G. The Corporation of the Village of Port Burwell PO Box 10 21 Pitt Street Port Burwell ON NOJ 1T0 BY-LAW 95-36 Being a lay -law to appoint a Chief Building Official and a Plumbing Insp�utor.._ WHEREAS Chapter B. 13, s. 3, p. 2, R.S.O. 1990, as amended.of the Ontario Building Code requires that the Council of each Municipality shall appoint a Chief Building Official, and; WHEREAS Chapter B. 13, s. 3, p. 2, R.S.O. 1990, as amended of the Ontario Building Code also allows the Council to appoint other inspectors for the enforcement of the Building Code, such as Section 7, Plumbing, and, WHEREAS Council deems it expedient to appoint a Chief Building Official and Plumbing Inspector, and; WHEREAS Ed Roloson has agreed to perform these functions in accordance with provincial regulations, codes and Village By -Laws. THEREFORE Council enacts that Ed Roloson be appointed at a rate of $13.00 per hour, automobile cost of $0.31 cents per kilometre and appropriate conferences and seminars. THIS by-law repeals allprevious by-laws to mire a Chief Building Official and Plumbing Inspector. THIS lay -law comes into effect can the date of passing. 2. Bylaw 95-35 Being a Bylaw to Amend Bylaw 94-12 RESOLUTION MOVED BY: Jim Hevenor SECONDED BY: Dave Mason BE IT RESOLVED, the Council of the Village of Port Burwell hereby agrees to introduce Bylaw 95-35 being a by-law to amend 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. UNANIMOUSLY: Tom Nesbitt, Reeve By -Law Read a First and Second Time By -Law Read a Third Time and Finally Passed. 3. Bylaw 45-33 Being a Bylaw to Appoint a Weed Inspector RESOLUTION MOVED BY: Cindy A16 SECONDED BY: Jim Hevenor BE IT RESOLVED, the Council of the Village of Port Burwell hereby appoint a Weed Inspector. UNANIMOUSLY: Tom Nesbitt, Reeve By -Law Read a First and Second Time By -Law Read a Third Time and Finally Passed. 4. Old Business RESOLUTION MOVED BY: Jim Hevenor SECONDED BY: Dave Mason BE IT RESOLVED, the Council of the Village of Port Burwell has received a letter of resignation from Brian Wolfe as the Chief Building Inspector and Bylaw 2 +5. 1. Enforcement Officer. The Council of the Village of Port Burwell hereby accepts with regrets, immediately and without notice the resignation of Brian. Wolfe, UNANIMOUSLY: Tom Nesbitt, Reeve By -Law Read a First and Second. Time By -Law Read a Third Time and Finally Passed. Councillor Mason expressed concern with regard to the West Pier Boardwalk and inquired 4 an action plan had been implemented for its repair. The Administrator/Clerk-Treasurer identified that no work had commenced however, was in the plan. A new design was proposed to stabilize the railing along the boardwalk however it was suggested that a local contractor be contacted for a price and input on the repair and stabilization of the railings. Councillor Mason requested a decision with regard to additional staffing for the Lighthouse during the wee6nds of the summer. Members of Council volunteer their services upon receipt of a schedule to be prepared with the Recreation Director and Chairman of the Museum CO]"r-t1T-E0 THIS TO New Business, RESOLUTION MOVED BY: Jim Hevenor ----•.-��•• SECONDED BY: Dave Mason BE IT RESOLVED, the Council of the Village of ,Port Burwell hereby agrees to introduce Bylaw 95-36 being* a bylaw to appoint a Chief Building Official and a Plumbing Inspector. UNANIMOUSLY: Tom Nesbitt, Reeve By -Law Read a First and Second Time By -Law Read a Third Time and Finally Passed. r -um I rU D �I�SG `:SSia NET "i Council/Staff Barhecue June 29, 1995 - Farewell Gidgit Party It was decided that a farewell party for Gidgit Robinson would hv held a either the Mason or Loucks residence, with Donna Lamoure and Suzanna Mantel making the arrangements, 6. Motion to Adjourn MOVED BY: Gord Loucks Approved: June, 1995 Tom Ne!itt ' Reeve Gam' Davi Free Ad inistrator/Clerk-Treasurer 4 Read a first and second time; this 19th day of June, 1995. e Z4-�� , , d iiiini rator/Clerk-Treasurer Read a third and time this 19th day of June, 1995. mi strator/Clerk-Treasurer 2 0 The Corporations of the Village of Port Burwell PO Box10 21 Pitt Street Port Burwell ON NOJ 1T0 BY-LAW 95-37 Beim a by-law to appoint a By -Law Enforcement Official and Property Standards Officer. WHEREAS the Municipal Act R.S.O. 1990, c. M.45, s. 207, P. 45, as amended provides for appointing such officers as may be necessary for carrying into effect any Act of the Legislature or by- law, and; WHEREAS Council deems it expedient to appoint a By -Law Enforcement Official and Property Standards Officer, and, WHEREAS Ed Roloson has agreed to perform these functions in accordance with provincial regulations, codes and Village By -Laws. THEREFORE Council enacts that Ed Roloson be appointed at a rate of $13.00 per hour, automobile cost of $0.31 per kilometre and appropriate monies conferences and seminars as required and within the approved budgets. THIS by-law repeals all previous by-laws appointing By -Law Enforcement. Officers/Officials and Property Standards Officers. THIS by-law comes into effect on the date of passing. Read a first and second time this 19th day�c June, 1995. l m' ' trator/Clerk Treasurer Read a third and final time tW 19th day of ,tune, 1995. I 'r I ` trator/clerk-Treasurer 2 .BY-LAW NO. U_� A BY-LAW AUTHORIZING THE BORROWING OF MONEY TO MEET CURRENT EXPENDITURES OF THE COUNCIL OF `the. �! i 11 p�r C -l; ` Ithe "Municlpellty"I A. In accordance with subsection 18701 of the Ontario Municipal Act Stye "Act"), the Municipality considers It necessary to borrow the amount of ft �0rst r :5�'()o to meet, until taxes are collected, the current expenditures of the Municipality for the year i qCj S B. Pursuant to subsection 187121 of the Act, the total amount borrowed pursuant to this bylaw together with the total of M1y efErtllar borrowings Is not to exceed the limits set forth In that subsection. C. The toted aetoattt previou* twrowed by the Municipality pursuant to section 187 that has not been repaid ist 4 THEREFORE, the Council of the Municipality enacts as follows t, The Head and the-Deasurer are authorized on behalf of the Municipality to borrow from time to time by way of promlosary mote or be ikers' acceptance from CANADIAN IMPERIAL BANK OF COMMERCE ("CIBC"I a sum or sums not exceeding In the aggregate ! , 7I . _ 00 to most, until taxes are collected, the current expenditures of the Municipality for the year iincluding the amounts required for the purposes mentioned In subsection 18701 of the Act) and to give to CIBC promissory notes or bankers' acceptances, as the case may be, seated with the corporate seal of the Municipality and signed by the Head and Treasurer for the sums borrowed plus Interest at a rate to be agreed upon from tlme to time with CIBC. 2. All sums borrowed pursuant to this by-law, as wall so all other sums borrowed pursuant to the Act In this year and In previous years from CIBC for arty 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 money* 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 arry amounts borrowed that have not been repaid. PASSED this f'i c Z .7 i41 day of c.t f_eC' / F HEAD Of THE U Y Cl AR I hereby certify that the forgoing is a true and complete copy of the By-law numbered shove of the Municipality In the Province of Ontario, duly passed at a meeting of the Council of the Municipality and that this Bylaw Is In full force and effect. Dated this t P,r day of 1., �Ve f qq+f ~ Witness the corporate seal i SEAL CLFRK o� POR r k <r� Date: June 21, 1995 To: David Free From: Suzanna Dieleman Mantel Re: Temporary Borrowing Bylaw 95-38 David THE CORPORATION OF THE VILLAGE OF PORT BURWELL P. O. Box 10. Port Burwell, Ontario NO) I TO telephone (519) 974-4343 • fax (519) 874-4948 MEMO As Our previous temporary loans by-law has expired and since we require further financing to cover Operating expenditures until the next levy of taxes is collected, I have drafted a resolution and by-law for temporary borrowings. The limits for the temporary loan has been calculated according to s.187(2) of the Municipal Act, RSO 1990, c. M45. Limit at any One time -- s. 187(2) (2) The amount that may be borrowed at any one time for the purposes mentioned in subseption (1), together with the total of any similar borrowings that have not been repaid, gball not, except with the approval of the Municipal Board, exceed from. January 1st to September 30t6 of the year, 50 per cent of the total, and from October 1st to December 31 st, 25 per cent of the total of the estimated revenues of the corporation as set forth in the estimates adopted for the year. R. S.O. 1980, c. 302, s. 189(2); 1992, c. 15, s. 15(1). For January 1 - September 30, 1995, 50% of the total estimated revenues of the corporation are $495,000. For October 1 December 31, 1995, 25% of the total estimated revenues of the David R. Free, CET, AMCT(A) - Administrator/Clerk-Treasurer corporation are $247,500. As we do not require a lame amount of temporary borrowings, the lower limit stated above would be sufficient for the Village's neecls. This has been reflected in the resolution and the by-law. Suzanna Mantel Village of Port Burwefl Temporary Loan Analysis Jan 1990 to Date mum ■1 #!1 !If '1 rFIVI ME -MOM 111i i111 111! 11l1 .111E Ii#1 1Fi1 11#I lIIiF aFi#1 • • IIFi all#1 • ' Illr #1#i � � 1111 1111 - . • ' .rFill� �illl ��� MMM 1 1F1 111 i �' :al11� rlii 1 T 111 i ' ONr!#1 ##1 • 1_ ' FIl1 il! LOAN S.XL.S Village of Fort Burwell Temporary Loan Analysis Jan 1990 to Date tFl# .il# �•#!1 ilt #F11 il# • ' ;Fit �l11 + + IFIf ##i :#ll� 111 tli# I + •11# .#li� • + Fi#F� llli .IiMt� #tl# IFI# #li� _ + I I till t## sill • + ilir#1 l#i� MO + M1Ft1� ii1# If + F1F F11 - MI# #Itl� i111 #!1� •. 1#tl ##ii� a► + Ilt!# itil + Llrl � Il#1 VNISRO. 11#� ili •. lli� Il#tl L'4, A V1 S.XL Village of Port Burwell Ternporary Loan Analysis ]an 1990 to hate LQANS.XLS i The Corporation of the Village of Port Burwell Post Office Box # 10 21 Pitt Street Port Burwell, Ontario By -Law 95-39 Being a By -Law to rescind Bylaw 95-11, being a by- law to amend bylaw 90-05, being a bylaw to establish a Fire Department WHEREAS the Council of the Village of Port Burwell deems it necessary to reorganize the municipal operations. THEREFORE THE COUNCIL OF THE VILLAGE OF PORT BURWELL ENACTS AS FOLLOWS. 1. That bylaw 95-11 be repealed in its entirety. Read a first a I _� !�p4econd u5oo this 27th day of June 1995 React a third time and finally passed is 27th day of June, 1995 A 1stratorlClerl -Treasurer 1 If 0 Memo To: Council From: D. Free Re: Meeting April 5, 1995 with Fire Chief and Deputy Fire Chief Date: April 25, 1995 A meeting was held with the Fire Chief and Deputy Fire Chief on April 5, 1995 to discuss a number of issues with respect to by-law 95-11 being a ley -law to amend By -Law 90-05, being a by-law to establish a Fire Department. During the meeting we discussed issues as follows. 1) The role of the Administrator/Clerk-Treasurer in the Fire Department operations. 2) Quarterly reports to myself and Council with respect to the activities of the Fire Department. 3} Operations assistance through the Municipal Offices for the development of policies and procedures for the Fire Department. 4) Records Management systems with respect to the Fire Department and the Municipal Offices. 5) The Purchasing By -Law 95-07. During the meeting a clear understanding with regards to the position of both myself and the Fire Department was developed, which apparently was to the satisfaction of the Chief and Deputy Fire Chief. Subsequent to these discussions, a detailed review of the 1995 budget ensued of which changes have been made and incorporated within the packages recently circulated to Council. The Fire Department is currently reviewing their capital requests and are providing detailed information from contractors and other sources as applicable, of which will be proposed in the budget, hopefully no later than April 28, 1995. These changes may indeed require drawing From the Fire Truck Reserve in order to prolong the life of existing equipment by approximately 10 years. As these details become available Council shall be apprised. Subsequent to the meeting it was agreed upon between the Department Heads and myself that an operations/strategic plan may be advised with respect to the current level and Future level of service to the municipality relative to the equipment facilities which currently exist within the department. Preliminary discussions have been commenced with the Regional Office of the Fire Marshal in concert with discussions with the Fire Chief. It is anticipated that witlun the next three to four weeks a meeting will be held with a representative from the Fire Marshall's Office, in order to discuss the terms of reference for the previously said review, at which time Council shall be apprised formally of the proposed action plan. It is my interpretation that the Department Head and his assistant are satisfied with the short terms strategies and short term action plan that we unilaterally have invoked. It is my hope that Council can provide its support to the Fire Department and myself with regards to re -working the department and the relationships that have or have not existed. Albeit there is a cost, it is to the benefit of the community for increased fire protection and security of the volunteers. I shall beep Council apprised of further matters. D. Free 2 Memo To: Council From: D. Free Re: Fire Department Budget Date: April26, 1995 Upon the review of the 1995 Fire Department Budget with Fire Chief Tom Millard, and the original request of $9,000.00 to overhaul one of the Fire Engines, t6 matter has been reviewed and reconfigured into a more appropriate strategy. The existing fire truck is of 1972 vintage and requires significant repairs to bring it to standard. The truck is rusting badly and the pump requires massive repairs and it has been informally estimated at a cost of approximately $8,000.00 (on the low side). After discussions with the Fire Chief, we had agreed that considering the age of the truck, and the life expectancy after investing another $8,000.00 into the vehicle the municipality would not have an adequate return on its' investment. The municipality currently has $14,000.00 in the Fire Truck Reserve and there is another $5,000.00 to be allotted in 1995. It is estimated that to purchase a used Fire Truck approximately 1980 to 1985 vintage would cost the municipality approximately $30,000.00 inclusive of any repairs necessary. It was therefore decided that we would investigate the purchase of the previously said used fire truck expending the approximate $19,000.00 in reserves and look towards either recovering the additional monies through taxation or borrowing on a long term basis the other $10,000.00 This strategy seems to be the only sensible way in which to proceed however, we will not commence this action until after the review of the Fire Department and its' facilities has been completed by the Fire Marshall"s Office. This information is however provided to Council in order that they can understand that a strategy is in place in order to ensure the security of the residents of Fort Burwell insofar as Fire Protection is concerned. If Council should have any further concerns or further direction in this matter please pKovide them at the earliest possible convenience, otherwise this informal strategy will be considered to have Council's consent. I await Councils direction in this matter. David Free 2 SENT BY:KENILWORTH PUBLISHING : 6-21-85 : 8'2VAN 2010- 151116744848;# 2 Now to Build a Fire Department ...with nothing down and a dollar a week By Dj. (Doer) Raid and Bmce Griffon Mr. Aron is Treasurer/ .4dminispwor, Toovwhip of asffoods and Mr. Griffest is an Qsgoodt Volarnarsr Fire Flgbter So you would like to upptade your fire fighting equipment and you ha -we limited reaourcea- Well, all you need are innovatiem, cooperation, creativity, know-how and a Fire Otief who in, at least In part, a used car salesman. The Tow, ship of Ongnnde is a jrcrwir4, rural municipality in the uiuthern %ectnr of the Regional Iviuruupality of Qtgwa-Culetoa. Over the past five yratn they have replaced nearly all the .eludes in the Fire service, complied with the new ruin out gear regulatiuns, rhang+nd the comptrrer systems (twice) and up adt� the radiu wympme- All of this was completed wirbout debt astd, 0 a trot incrraara. The munici sty is connected to the Regiosual 911 dispatch system and provides sla= monitoring for Lhe tuunit.-ipal httilAi nec Thcrc are three atrtivua in the Tmwnchi . Pull time personnel consist of an Chief anti his office aaaiaranr. Sixty dedicated volunteer file fighters dud a part time dispatching crew of seven make up the remaindu of the coutpksumt. Fire fighters have received training in First response and use of defibularore. in 1993 the department rcepoisded to 336 idler. Upgrading your fleet Now all of this is 'very interesftj but the reaann you are reading this is to ,get ideas on how to upgrade your fleet. Since 1989 the municipality has than ed e+gght vehicle awtir& in 19E Desch a rescue truck acquired from the City of Scarborough. They putt uweil the heaic rnAr from the City for S5,000. Volumccra then enrriplerely refurbished the truck. using coituuuii everyday materials and much imagination. You will final most large departments are concistently clan ig ig their vehicles and some older ones are in good shape. Soate'tim a cvcm your own deparrments have surplus cAiLupm mt that is still very terviceable. For example, a pickup fruan the Roads Department was turned over to the Fire Department, futcd up and now nerves it valuable function. Mao, most Cities will help their smaller cogalns with tood Prices and innovative tarns. Don't be ahaid to ne8otiate. Terms of repayment can include a time schedule or favourable or no into. t rate loans. Remember that the Cides are is the cams' bind, for money, as you an but they can better afford to be generous. Buy a Il Ale utneck When acquiring ucw equipment, be innovsrive. Very often the truth you want u wy nut be the truck yrou purchase. Tnr example., Osgoode needs to jcT more roster to a Cue scene, l'raditionai thinking dictates that vest would acquire a combination pumper tanker. The municipality dccWed to purchase two maand convert there to dt+ir needs. An opportuns`ty presented itself wbta the Mills Marketing Boards amended its regulations and required haulm to swiu h w tractor trailers. These were then several good milk mvAu available. First a previously converted milk truck was sold. It was too small for our needs but was most suitable for the purchaser. Then they purchased two tandem milk tankers were purchased. The owner was anxious to sell so the price was very Rood. The volunteers agreed to raise over $49,000 to ssfurbiA the trucks. The municipality advanced the funds and the voluntem repaid it over two years. This transaction Save the Fire Departmene the capacity to deliver 7.000 gallons of water. Mora importantly, it gave the Fire department a sense of pride and ownership in the equipment. You should make every effort to identify your {ire revenue sources. Bumitlg permits. fines for unauthorized burning, charges for calls on Provincial Highways, fire prevention inspections (under special ctrcumxances), inspecnons of wood stovu For insurance, swimming pool fillings and compliassrc certificates are but a few example. h bal&= is necessary as the residents arc already payusg for fire services throuth their taxes. Any other extraordinary and special services Should be pay as you go. The fund raitmg, in Otgrinde's case, was innovative. The fire Fi=hters' Association held in auction, sold Nevada Tickets, accepted donations and one gas nationdonated one Gent Pram every litre of fuel sold during the campaign. All sterns for the auction were drnated. both old and new. There were so many articles offered that they actually had to decline some things at she and. items were gickul up and the volunteers ".ZRUARSIMAACK 1"5 MUMCIPALAfO?MOR. 1 SENT BY'KENILWORTH PUBLISHING : 6-21-95 : 0:22AN 2010r 15196744946:it 3 s� cleaned and checked theta all over. The Ane.-Mneer dnmmmd 'hill rime. This event raised $13,000. When your chief keeps his ear to flu pipeiiuc, i1 is iaucrestuid what he can hear. In 1491 our chief, Icamcd that A�n re�rucks was building a demonstrator truck for use at -conventions around the Province. The municipality approached them with an offer to purchase the truck after Almontr was finished with it. They ag +eed. The result was a truck with all the bells, chhrrorne and lights you could possibly want for the pricc of a bare butte's vehicle. It was paid for from the reserve sot up fur vehicle aqulsition, tax dollars, fund raising and the sale of one older truck. The only diffff*nce between a Fire Chief and a boy is the gleam (and price) of his toys. At this point we shill digress a VReadi over 4,000 key municipal dads ion maker: M' Includes Population and land sizes Veonteet over 100 municipal -related organizations MEW. little. If users is a shq;lc enabling factor to matte this work, it is the support of your council. A nrsayor wino loves trucks drat shine u►d make does of noise also helps. Council of the Osgood# Township has always been forward looking and encouraged initiative and ituaovaion. The one Wdiait philosophy t67 insist on is "if we. were to do is, the do it right." The up -front souse cost is often more than saved In the elimination of future aggravation. Use a ms w The idea of a reserve is alto Very important. Now we know that a few of you will say that you cannot afford a reserve right now. Can you afford not to? What would you do if your vehicles suddenly quit? You cam get temporary assistance from a neishbour, but crenrually you will replace the vehicle. So why not rcart to plan now? It is so much easier to purchase a vehicle when you have time and money. You can take your time and take advantage of those special deals that are out chars. One does not have to plea for a new truck. Since starting the ptw&m the department has never purdmed a "new" truck. All were demonstrators or conversions. If it is new to you and does the trick, than that to ;good enough. Afsar all anything can be painted fed. The value or a reserve is that it lets you taste advantage of those special circummaces. When you decide to start to look for a new piece of cquippmeat, spread the word. Fire Iiepam cnu seem to have this internal secret society that can find all types of gear. hlc prepared to dicker. It may be that you will reduce the Call 1-8M461-5796 Meier M wW ldl lq arw a xim W eDErM&M and wdw unit t u* FOR cedar bw l 06 sm ✓took up over 1,500 telephone and fox numbers V Avallable In English and French V Book only 815 ,pee es4Pssa, sasnaaa sea tsar row+n��.arrur� hampM"r+. mat Ali" i Maysrw lwa= i A . MCAMOR MAUARYMARM 1993 SENT BY!KENILWORTH PUBLISHING ; 6-21-95 : 9:23AN 2010- 151987446484 4 ■lME GWVCY SM M M rost or have the salter add options or eyuippmcni Negotiate for terms. ()sgrlo+da has nods some very food uwasactions, by offering longer repayment and intasast free loans. Analyse your need. Vill one truck do the work of rwo? Can you sell your old equipmaat to help payfor the nets? Is there an option to pwuhase a basic unit and modify it to your naads? Use the resources of your volunteers. They are an asset without equal. Listen to them and hear their ldeas, You will he curprisad at just how innovative they can be. Osgoode has found one veW- c by taking advantage of )'ulrt +tt,ch circumstances. Aon the truck was another demonmtor. It had ho#n sold to another municipality who subuvently resumed it. The manufacturer was anxious to soil, The munidpallry sold two other vehicles that in turn *early paid for the new cnla. Actual cash contribution, for it S165,000 rchWe, was lest than $40,000. This eater from the reserve for another department. The Fire Deparmtunt will repay the loan in the 1993 budjtet. Clearly this was a deal we could not paw up. As put of the arranitemeate our Fire Mief and one Councilor had to briug the truck home, from Wi.naiFolfs irn .the worst storm of the winter. but that is anocbcr stnry- Os$oode is completing the last of its fleet rehabilitation. The plan is to sell two of the trucks and purchase one new one. It wijl be the f m truly new vehicle, The nexodations are not yet complete but the financing will involve a bala= of tax dollars, We of totem, fund raising and interrul rcacm borrowing. There will be no debt. Also, the Fire Fighters Aasociadon her offered to replace the Chief c car. In the bast tradition of the used car busiaeas the chief alresdy has cold the old one. The result of this exercise will be a reduction in our fleet from 13 w 10. There will be no whicic over 10 rear■ old. Our departments' equipment will ba eomathit►j we cau all be proud of. This accomplishment is the result of cram work and cooperation. it can work anywhere if the will is there. Osgnode is a fairly large municipality but even the suu tiler ones can upgrade if the need is there. Give Honest Gerry lots Chiefs a call. The'lLer mahip does not need any Marc vehicles, accordin to the Treasurer, her he is sure that Honest Gerry can fund you whatever you aced. Probably driven by an old lady and just on Sunday. Proven Support. raced wren the cnateneel of romp ex. *r -CofaiJnllAr Co+TMheTcbl 0488t'on •ven tha fnnat slulfed profess orals soak the support of experienced, Krowia0$Wit cos " Thom -RA Mpn ^- a +Maier force e1 Ifftwon for fix decadas --- %m ev-d thN repuw!" roe profneior4l sXr*1&-C* Wool a broad cause of GW1'r1°eZW kwm and ► WWt6% Our are ran W%6 at O� Leours &M Ormrdrhls oppor%" - iawsults inwlkAnt cantrut inwpr'et rjor,. construction, reel estate, sh&j qhuldar d "t" prvdcAA 6biery and A floR of COW speClaftles. when you nand usifrta„ce. COMW Man A. Farrar a! @"J217 and poor TNornsen. Rotes to work for you. EThel2asbr n, aaaRlsTaet AND 16tScITOOL) sun Tt loco, lea $A^V aTaeeT. TORONTO. ONTARIV. CANADA MSM owl e CAR lee-sie•ars1. Tet. iPa•aaa-3100 FEDRUARYfMAILCH 1YVJ-MoNTrop 12 JUN-12 '95 11:11 TOWN OP 5IMCOE P. 3i QUARTERLY FIRE REPORT - NIW. t FIRI O9PARTM9KT Schedule -A" to Report No.; Firs 93-09 BUKK ,RY OF ACTIVITIES FOR c;UvmmT YrhA Or 1993 14QNTI4 MONTH HOWTk April Kay Tune MOWN PIPE CALLSs In-rmm Calls - ACLual - False Alarme - Rescue rntr-of-rMwn Calls Mutual Aid 1'+rLAr. 6 3 5 r 1 7 n 0 1 1 3 1 2 0 C 10 14 9 PIKE LOSS! In-too.rn Out-of-town 7,000 0 2,500 0 2.000 80,500 INVISTIahTICNS 4 1 2 FATALITIES 0 C 0 TOURS. 'FIRE SAFETY BRAINING, LECTURES Youth Adults 1 - 81 21. S 115 147 0 11 7so 4 INSPECTInNS! Afsemaly InetiturinnAl Residential pusinees G Persenal Sarulco Mercanti16 Industrial Other TCYTAL RNIlisp MON9 4 1 0 1 0 l 1 2 1 l 1 2 0 1 0 0 0 1 3 10 17 10 a 1 11 r1KZ P ACTres3 HZETINQI7 4 4 RLMARKS: in June we had an out-trf-Lwts estimated fire loss of $80,5CO reaultinq from a minor transport rrrirk accident on " . 3 at the Slua Line Road. In town fire loanaa were duo to two vehicle fired, vandalism to a Erma Awning, a mattrexa rice with damage to floor, and broomm stored next to gat water hwarar ignItIng spreading flee LO Wall. JUN 12 '95 11:11 TOWN OF F"[�.R. . P-2/3 .�COW � 'i fiO^ % i s aft NlY r AQMINMTRATIVE REPORT n1` the � pio) eee-.rrs Town of Simam nPWARDABM"MWW FM PAM I Of A DATE? ~AMD: Duty 13, IMI REPO" NO.; FMB 9348 PRIPARM Br' (#CHARD A SHAFT©, FWW CHEF s R/ F m ateNC�: TOCHAWA" KinneW FOn THQ 00maugmWN OF THS ADwAamrit m fYMY+► rrel AT THE UFFTWI IQ SE HftD ON TIAWay, Atrgtfsf 03, 1993 OUA14TERLY FIRE FIFMRT f�etscllraATrvN It is recowmiodod that ft (xwwV Fire Rapart for the --mmdo J ARxiL May. and June. I - SdvdL* @A at new . Abe =xmjAvd sm inlexmMon. CWW AOINNNrr +A nWV CWFk-J3A AFANIOYAL AOMP49 WATNW OOLOARM ACTION GATT; O APr noym a NOT DAM Q APPRGNt~D VWH AhODAWSHT D olm r 1M�.taTlf71w1 / n Apppom O NOi ANPfIOYei Q APpm*liu v fnf IIIMemme f 0 OTHpft L, - - MAOCM N 1:4 Setup: Fire Department expenses SAFETY 30 May 95 ee�eeeeeeeeeeee��ee�eeeeeeeeeeeeeea��eee�aeaeeeeeeeeeeeeeeeeeeeeeeee�eeeeeeeeee£ OFire Department -expenses @Beg:01 Jan 95 End:31 Dec 95 Type. B uaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaia�aaaaaaaaaaa,�aaoaaaaaaaaaaaaaa�aaaaaaaaaaaaaai�T OFIRE DEPARTMENT EXPENSES: ° o 0 C] O O @ Wages 0 11,000.00 0 @ aO - - - - - - - - - - _ - - O 11,000.00 O - - - - - - - - - - - - - O @ uBuilding Maintenance 0 1,500.00 0 © 13 uBoat Maintenance @ 500.00 O O uEquipment purchases - minor 0 2,000.00 0 0 uEquipment repair\supplies O 1,500.00 a 0 11 nGasoline 0 300.00 0 0 11 uHeating fuel 0 3,000.00 0 0 u OHealth & Safety 0 2,500.00 0 0 a uHydro 0 1,000.00 0 0 a nMaterial 0 500.00 0 0 a uMemberships 0 75.00 @ 0 a uPager\Radio Systems 0 311.00 0 0 0 uSubscriptions 0 0.00 0 0 0 OTelephone 0 1,700.00 @ 0 0 uTraining 0 2,700.00 0 0 c uTruck Repairs 0 -3,000.00 °M�' 0 u uWater\Sewer 450.00 0 0 11 O - - - - - - - - - - - - - @ O 0 n 0 18,036.00 0 @ u O - - - - - - - - - - - - - O O C1 0 0 0 uAlloc'n to Fire Truck Reserve 0 5,000.00 @ 0 a ii 0------------- 0 ° [i [ ° 7�C?6 00 o @ r� OTOTAL EXPENSES - FIRE DEFT 0 , @ 0 C7 0_____________ O © E3 IP6'177,� 9� ,91,1 S P�'mPr_-2' � o S16700too o o p 0 — 0 I3 0 2_? C}��p, �@ O � [] O @ 0 0 Q C] o a @ Cj 0 @ O [� O 0 0 [] O O O 0 a 0 0 �p q 4 0 0 O C] O 0 0 Ca 0 0 0 L7 13 a 0 @ � 0 0 O O (� © j 0 O O 13 D O O O 11 O O O 0 U 0 O O [] ❑ O O 0 uaaaaaaaaaaaaaaaaaaaaaaaadad aaaaaaeaaaaaaaaaaaaaa+eaaaaaaaaaaaaaaeaaaAddaaaaaaaAR ❑ Description @Beg:01 Jan 95 End":31 Dec 95 Type: B n aeeeeeeeea��eeeeeeeeeee�eeeeeeae�aueeeeeeeeeeeeeeeeeeaeeeaeeeeeeeeeeeeeeeeeeeeei� Setup: Fire Fighting Equipment SAFETY 30 May 95 ��ee�eeeeeeeee���eeeeeeeeeee�e��eeieeee��eee�eee�eeeeeeeee�eee�€�eeee�eeee�eeeee� OFire Fighting Equipment °Beg:01 Jan 95 End:31 Dec 95 Type: B cFire Fighting Capital ° O a 11 0 a O a 0 OAir Tanks ° 2'. ,000.00 0 0 SRIv o O 0 OFirst Response Equipment 0 1,000.00 ° 0 a OFire Fighting Equipment ° 2,500.00 ° 0a cPager & Radios 1,000.00 ° O c -Q9!r-4.Qi+ O o C] ° O ri C1 0------------- O O CI OTOTAL FIRE FIGHTING EQUIPMENT ° 6,500.00 ° ° � ° ° ❑ ° O a [% a O O Ci O O O 0 C] O a a 11 p O O a p o a a p o a a Cf a ° O 13 O O O 11 0 O O � [] O O O [] O O O [j O O O ❑ 0 a O O II 13 O O O 13 O v ° p [f O O O O O O 0 O O O 0 O O O {] O O O O O O O O O [� O O O [� O O O a a a ❑ O O O U O O O R a a o o ° O El ❑ a o a o a o Ca [j O O O O o ° — Ci n O a O 13 0 O a o [j 13 O O a ❑ a O O O O O O [j O a a O O O [] Description °Beg:01 Jan 95 End:31 Dec 95 Type: B ae�e���ee�eee��eeeeeee��eeee��eee�u�e�ee��e�eeeeeeeeeee�e+�e�eeeeeeeeeeeee�eee��X POOR 7 iUS� p�EF G L1M Date: June 21, 1995 To: Council From: D. Free THE CORPORATION OF THE VILLAGE OF PORT BuRWELL P. 0. Box 10, Port Burwell, Ontario NOJ ITO telephone (519) 874-4343 • fax (519) 874-4948 Memo Re: Delegation Fire Chief and Deputy Fire Chief June 14, 1995 Regular Council Meeting Bylaw 95-39 Being a bylaw to repeal Bylaw 95-11 Council: Bylaw 95-11 changed the reporting structure of the Fire Department into a proper CAQ system reporting to myself from a Committee of Council. Its intention was to streamline the processes and to enable assistance to the fire department with what resources existed within the municipal offices. Considering the above said delegation to Council this attempt to help the department ,has obviously failed despite the efforts of the office and myself. I would identify that absolutely no attempt has been made by the Fire Chief or Deputy Fire Chief to cooperate with the office in any matter other than to unjustly complain. Budget information to the office has been 5 months late and, required repeated requests and prompting. This is not good management or cooperation. If problems were identified during the early stages of the budget process or for that matter in 1993 I may have been able to provide assistance. However, the first I heard of the Fire Truck issue was in the submission of the fire departments budget and it was without explanation. Council has been wisely frugal in operating financial matters however if the repair was to he permitted severe cuts would be required in the operating budgets. I would suggest that the municipality has ""came a long way" in oL ntrolling costs and considering public safety (including occupational health and safety). Non identification of matters such as the fire truck disrepair (as articulated by the department) is negligent. David R. Free, CET, AMCT(A) - Administrator/Clerk-Treasurer In the matter of the Fire Truck I have attached an article from the Municipal Monitor ( a magazine which is sent out as part of my membership service with AMCTO) regarding a Fire Chief which has contacts and can find ways and means to upgrade equipment and trucks for the municipal fire department. Reading this article it seems that efforts are constructive and cooperative instead of destructive and uncooperative. I personally pride myself on finding solutions to problems. I hope that council can verify this "Modus operandi" in various matters during the 30 months with the municipality. I cannot solve problems which I do not know exist or parties do not wish to share in a spirit of cooperation towards a solution. This has in fact been the approach of the Fire Department. I had further expended my efforts and obtained fire department reporting structures from the Town of Simcoe as a statistical means of reporting on activities within the department. This is something that a Fire Chief should be concerned with however, it seems the priorities are different. This again shows that I have evade the effort of cooperation and improved relations I would expect the same courtesy. Please review the attached information, memos, magazine article, bylaw and resolution at your earliest convenience for final resolution in this matter. D. Free F ncls. r VA The Qwporation of the Viflage of Port Burwell Post Office Box #10 21 Pitt Street Port Burwell, Ontario By -Law 95-40 Being a By -Law to authorize the Reeve and the Administrator/Clerk-Treasurer to enter into an agreement with Bradcranex for the purpose of the operation of a museum. WHEREAS the Municipal Act RSO 1990 c. M.45 Section 102 provides that every council may pass such by-laws and make such, regulations for the health, safety, morality and welfare of the inhabitants of the municipality in matters not specifically provided) for by this Act and for governing the conduct of its members as may be deemed expedient and are not contrary to law. AND WHEREAS the Council of the Corporation of the Village of Port Burwell deems it necessary to enter into a Land Lease Agreement with Bradcranex. The Council of the Village of Port Burwell hereby directs the Reeve and Administrator/Clerk- Treasurer to enter into the agreement with Bradcranex. Read a first and,. ccond timo6 6th day of July, 1995. 4 Aclrn'41ratodClerk-Treasurer Read a third tyue and finally passed this bth day of July, 1995. s 'stratodClerh-Treasurer THIS INDENTURE made this 6th day of July, 1995. BRADCRANEX INC. (hereinafter called the "Landlord") OF THE FIRST FART and THE CORPORATION OF THE VILLAGE OF PORT BURWELL (hereinafter called the "Tenant") OF THE SECOND PART IN CONSIDERATION of the mutual covenants contained in this lease agreement, the parties agree as follows:. ` i. Demise The Landlord, in consideration of the rents and covenants hereinafter stipulated to be paid by the Tenant, leases to the Tenant for the Term, the demised premises as set out in Schedule"A" attached hereto. 2. Is= The Tenant shall have the right to hold the demised premises for a term of one year commencing with the first day of April and continuing unit the 31st day of March, 1996. The Tenant shall pay to the Landlord a yearly rent of $100.00 (One Hundred Dollars), which rent is due on the first day of the Term, tieing the first day of April, 1995. AIM The Tenant shall use the demised premises for the purpose of the operation of a museum and the display of artifacts . The Tenant shall pay all utilities charged to the demised premises and shall ensure that the demised premises are heated as required. 6. ]mynacE The Tenant shall take out and keep in force throughout the Term comprehensive general liability insurance against claims for personal injury, death or property damage or loss arising out of all operations of the Tenant and subtenants, concessionaires, licensees and other persons conducting business on or from the demised premises, indemnifying and protecting the Landlord and the Tenant to a limit of $1,000,OW.00 inclusive. The Tenant covenants to indemnify the Landlord and save the Landlord harmless from and against any and all claims, damages, liability and expenses in connection with loss of life, personal injury or damage to property arising from any occurrence on the demised premises or the occupancy or use of the demised premises or occasioned wholly or in part by any act or omission of the Tenant, its officers, employees, agents customers, contractors or other invitees, licensees or concessionaires or by anyone permitted by the Tenant to be on the premises. If the nature of the Tenant's operation is such as to place all or any of the Tenant's employees under the coverage of Workers Compensation or similar statutes, the Tenant will beep in force, at its expense, during the Term, Worker's Compensation or similar insurance affording statutory coverage and containing statutory limits. � ,,r • r� � r r � r y r r The Tenant covenants not to cause, permit or suffer any unusual or objectionable noises or odors to emanate form the demised premises. The Tenant shall deposit all garbage, debris, trash and refuse in the areas designated by the Landlord, for collection by the municipal authority. The Tenant shall observe and fulfill the lawful provisions and requirements of all statues, by- laws, rules and regulations, municipal, provincial, or federal, relating to the demised premises, and, in particulate and, without limiting the generality of the foregoing, shall maintain and operate the lands adjacent to the lighthouse. N 10.0 Aggigument The Licensee may not sublet or assign or transfer its interest in this Licence without securing the written consent of the Landlord, which consent may not be unreasonably and arbitrarily refused by the Landlord. I I.0 Notice "Fliat all notices which it may be necessary or proper for either party to sere upon the other shall be effectively served if sent postage prepaid to the following addresses: Tenant's Address: Village of Port Burwell Post Office Box # 10 Port Burwell ON NOJ 1TO Landlord: Bradcranex Inc. PO Box 59 Port Burwell OWN NO) 1TO 3 All notices so mailed shall be deemed to have been received on the third business day after mailing provided that each party may from time to time specify in writing a new address to which any such notice shall thereafter and until further notice be sent. IN WITNESS WHEREOF the parties hereto have hereunto set their hands and seals. CORPORATION OF THE VILLAGE OF PORT BURWELL Date '41e� A lministrator/Clerk-Treasurer . dcranex Inc. ZA Ron Bradfield 4 K ft 519 433 8635 M F PETERSON LLB 06/26/9S 12,26 P01 MICHAjrLL F. FETEMM M Burwer & solicitnr 69 Bruce Street London, Ontario NhC: I G6 phuilc. (519) 433-8635 Fax: as above My Fiic No.,, 5 d FAX COVER SHEET d��t ft- 1 -""4' Fw(5r/ r) 1?7PC — �,�Vfx-r, DATE: `c.�-�� 's TM - Number umber of pag" including cover sheet: Message: Tms ►awar=R. Is ywm"wn salt M WL OF THIE VM1VMUAL TO wHum rr is wine►*mw AKn m►Y corrrAjw tNPORMATIoN TYAT Ig CXWFMMTut- D YOU $1,Yr RR,P TVW—n TAIF rt)iM MC'ATM ]X fAUML FL1Ai[ D2,5TILOY A" KM 1I D049DIATILY BY TRUPHON V 519 433 8635 H F PETERSON LLB 06026z95 12-27 MICHAEL F. PETERSON, B.Sc.(Agr.), LL.8, June 26, 1995 Village of Part Burwell P.O. Box 10 Port Burwell, Ontario NOJ 1 TO Attention: David Free Adminbtrator/C1" Treasurer Dear Mr. Free: P02 Barrister & Solicitor 68 Bruce Street, London, Ontario NbC 1 Gb (519) 433-8635 95102 I enclose a draft lease for your review. 1 understand that what you are looking for is a very short, simple lease, which can be used both for the Village waterlot and lairds and the Bradcranex property. I must note that the lease as prepared, does not cover the myriad of issues that leases usually deal with. I have attempted to deli with the essential items which you have raised in our conversations. You should ensure that the schedules setting out the demised premises, are accurate and complete. It is important that the extent of the property leased to Bradcranex is accurately identified, There are no provisions for re-entry, bankruptcy of the tenant, destruction of premises, tewl'sllandlord's duties to repair, and the provisions respecting insurance are as brief as possible and do not contain any of the provisions relating to who shall be named insureds, cancellation of insurance etc.. However, keeping in mind the amount of rent involved, the basics are covered. If you have any concerns about missing clauses, I would have no objection to more clauses being added. Please review the Village's needs in particular, with respect to the use of the marina. Pleaw call if you have any questions. Yours very truly, THIS INDENTURE made this day of , 1995 BETWEEN: THE CORPORATION OF THE VILLAGE OF PORT BURWELL (hereinafter called the "Landlord") OF THE FIRST PART -and. BRADCRANEX INC. (hereinafter called the "Tenant") OF THE SECOND PART IN CONSIDERATION of the mutual covenants contained in this lease agreement, the parties agree as follows: The Landlord, in consideration of the rents and covenants hereinafter stipulated to be paid by the Tenant, leases to the Tenant for the Term, the demised premises as set out in Schedule "A" attached hereto. 1 UM The Tenant shall have the right to hold the demised premises for a term of one year, commencing with the first day of and continuing until the 31 st day of 3. jet The Tenant shall pay to the Landlord a yearly rent of S100-00 (One Hundred Dollars), which rem is due on the first day of the Term, being the first day of 1995. 12 519 433 8635 H P PETMON LLB 06/26/95 12 � 29 PO4 4. Ila The Tenant shall use the demised premises for the purpose of a marina operation. (for the ism where the Village is the Tcnank put in `"purpose of retail asks and the display of artifacts and memorabilia related to the operation of the Lighthouse. as a tourist attraction."] The Tenant shall pay all utilities charged to the demised premises and shall ensure that the demised premises are heated as required. & INVIAnce The Tenant shall take out and keep in force throughout the Term comprehensive genial liability insurance against claims for personal injury, death or property damage or loss arising out of all operations of the Tenant and subtenants, concessionaires, licensees and other persons conducting business on or from the demised premises, indemnifying and protecting the Landlord and the Tenant to a firnit of $1,000,000.00 inclusive. 7. indemnificxtioa of the -Landlord The Tenant covenants to indemnify the Landlord and save the Landlord harmless from and against any and all claims, damages, liability and expenses in connection with loss of life, personal injury or damage to property arising from any occurrence on the demised premises or the occupancy or use of the demised premises or occasioned wholly or in part by an act or omission of the Tenant, its officers, employees, agents, customers, contractors or other invitees, licensees or concessionaires or by aanyone permitted by the Tenant to be on the premises. (If you want the Landlord to take out and maintain iimsuramee on the buildings etc., then you mould have a clause sang so. It could read as follows- X. &&ndlorAs bsuratite The Landlord will take out and keep in force throughout the Term all risk direct damage insurance on the buildings and other improvements comprising the premises, in an amount which would be carried by a prudent owner. Each insurance policy referred to in this section will contain, if available, a waiver of the tight of subrogation against the Tenant to the extent only of that part of a claim against the Tenant in excess of the amount. of comprehensive liencral liability insurance which this Tenant is required to take out and keep in force under thus lease. V 519 433 8636 H F PETERSON LLB 06,/26/95 M 3t POS J&gEkjr's -gmMaation Insurance If the nature of the Tenant's operation is such as to place all or any of the Teanant's employees under the coverage, of worker's compensanon or similar sw.tutes, the Tcrant will keep in force, at its egxmw, during the Term wutka's coa4ensation or similar insurarict. atffnrding statutory coverage and conLaitiing statutory limits. 9. 14vizaacC and Tenatlt's Obamagict of Laws The Tenant covenants not to cause, permit or suffer any unusual or objectionable raises or odours to emanate from the danis©d premises. The Tenant ahall deposit all garbage. debris. [rash aW refuse in the arras designated by the Landlord, for collection by the municipal authority. The Teaant shall observe and fulfill the lawful provisions and requirntt of III statutes, try -jaws, rules and regulations, municipal, provincial or federal. relating to the demised premiscs, and , in particular and, without lumtmg the generality of the tbregoinL shall maintain and operate the watertot and lands rkmi,Aed in accordanct with all laws affee ing the operation of marina. e 519 433 8635 M F PETERSON LLB 06/26/95 12:29 P03 The Corporation of the Village of Port Burwell Post Office Box # 10 21 Pitt Street Port Burwell, Ontario By -Law 95-41 Being a By -Law to authorize the Reeve and the AdministratorlClerl -Treasurer to enter into an agreement with Bradcranex for the purpose of a marina operation. WHEREAS the Municipal Act RSO 1990 c. M.45 Section 102 provides that emery council may pass such by-laws and mare such regulations for the health, safety, morality and welfare of the inhabitants of the municipality in matters not specifically provided for by this Act and for governing the conduct of its members as may be deemed expedient and are not contrary to law. AND WHEREAS the Council of the Corporation of the Village of Port Burwell deems it necessary to enter into a Land Lease Agreement with Bradcranex. The Council of the Village of Port Burwell hereby directs the peeve and Administrator/Clerk- Treasurer to enter into the agreement with Bradcranex. Read a first second ime this day of July, 1995. �0�, Xoepe' -4/1 eeve Zmi stratorlClerh-Treasurer Read a third tinw anonally passej this bth day of July, 1995. ' ratorlCleriz-Treasurer THIS INDENTURE made this 6th day of July, 1995. BETWEEN: 0 THE CORPORATION OF THE VILLAGE OF PORT BURWELL (hereinafter called the "Landlord") OF THE FIRST PART and BRADCRANEX INC. (hereinafter called the "Tenant") OF THE SECOND PART IN CONSIDERATION of the mutual covenants contained in this lease agreement, the parties agree as follows: 1.Dernin The Landlord, in consideration of the rents and covenants hereinafter stipulated to he paid by the Tenant, leases to the Tenant for the Term, the demised premises as set out in Schedule"A" attached hereto. The Tenant shall have the right to bold the demised premises for a term of one year commencing with the first day of April and continuing until the 31th day of March 1996. The Tenant shall pay to the Landlord a yearly rent of $100.00 (One Hundred Dollars), which rent is due on the first day of the Term, being the first day of April, 1995. 4. un r The Tenant shall use the demised premises for the purpose of a marina operation. 1 The Tenant shall pay all utilities charged to the demised premises and shall ensure that the demised premises are heated as required. The Tenant shall tape out and keep in force throughout the Term comprehensive general liability insurance against claims for personal injury, death or property damage or loss arising out of all operations of the Tenant and subtenants, concessionaires, licensees and other persons conducting business on or from the demised premises, indemnifying and protecting the Landlord and the Tenant to a limit of $1,000,000.00 inclusive, The Tenant covenants to indemnify the Landlord and save the Landlord harmless from and against any and all claims, damages, liability and expenses in connection with loss of life, personal injury or damage to property arising from any occurrence on the demised premises or the occupancy or use of the demised premises or occasioned wholly or in part by any act or omission of the Tenant, its officers, employees, agents customers, contractors or other invitees, licensees or concessionaires or by anyone permitted by the Tenant to be on the premises. If the nature of the Tenant's operation is such as to place all or any of the Tenant `s employees under the coverage of Worker's {Compensation or similar statutes, the Tenant will keep in force, at its expense, during the Term, Worker's Compensation or similar insurance affording statutory coverage and containing statutory limits. The Tenant covenants not to cause, permit or suffer any unusual or objectionable noises or odors to emanate form the demised premises. The Tenant shall deposit all garbage, debris, trash and refuse in the areas designated by the Landlord, for collection by the municipal authority. The Tenant shall observe and fulfill the lawful provisions and requirements of all statues, by- laws, rules and regulations, municipal, provincial, or federal, relating to the demised premises, and, in particulate and, without limiting the generality of the foregoing, shall 2 maintain and operate the waterlot and lands demised in accordance with all laws affecting the operation of a marina. 1 ().() r aj nra n 11.0 Notice a The Licensee may not suhlet or assign or transfer its interest in this Licence without securing the written consent of the Municipality, which consent may not he unreasonahly and arhitrarily refused by the Municipality. That all notices which it may he necessary or proper for either party to serve upon the other shall he effectively served if sent postage prepaid to the following addresses: Tenant's Address: Bradcranex Inc. PO Box 59 Pork Burwell ON NQJ ITQ Municipality's Address: Village of Port Burwell Post Office Box # 1Q Part Burwell ON NQJ ITQ 93 i All notices so mailed shall be deemed to have been received on the third business day after mailing provided that each party may from time to time specify in writing a new address to which any such notice shall thereafter and until further notice be sent. IN WITNESS WHEREOF the parties hereto have hereunto set their hands and seals. CORPORATION OF THE VILLAGE OF PORT BURWELL Date ter.. V ! / , ' fl, AA IV Administrator/Clerk-Treasurer W F • • s • .+ s MR- 4 The Corporation of the Vihage of Port Burweh Post Office Box # 10 21 Pitt Street Port Burwell, Ontario By -Law 95-42 Beim a By -Law to authorize the Reeve and the Administrator/Clerk-Treasurer to enter into an Agreement with Elgin Construction for the Road Reconstruction of the Addison Street Area. WHEREAS the Council of the Village of Port Burweh 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 Burweh Roads Management Study (Draft), and; Tendering for the project was completed by Cyril J. Demeyere Limited, Consulting Engineers June 26, 1995 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 June 26, 1995 hereby directs the Reeve and Administrator/Clerk-Treasurer to enter into the Form of Agreement with Elgin Construction. Read a first and 'strator/C�er�r-`Treasures 27th day of June, 1995. Read a third timid fin4passed tlis 27tb day of June, 1995. — -'Or� ratorf Clerk -Treasurer 2 CONTRACT DOCUMENTS RECONSTRUCTION OF ADOISON STREET AREA CONTRACT NO. 2 VILLAGE OF PORT BURWELL CYRIL J. DEMEVERE LIMITED WNS &TING ENGINEERS TRLSONBURG, ONTARIO JUNE 1995 • CLOSING DATE: 12 NOON, MONDAY, 26 .TUNE 1995 PLACE: CLERK'S OFFICE, 21 PITT STREET, PORT BURWELL, ONTARIO NOJ ITO CONTRACT DOCUMENTS RECONSTRUCTION OF ADDISON STREET AREA 9531 CONTRACT NO. 2 VILLAGE OF PORT BURWELL JUNE 1995 CYRIL J. DEMEYERE LIMITED, CONSULTING ENGINEERS P.O. BOX 606, 261 BROADWAY, TILLSONBURG, ONTARIO N4G 4J1 (519)688-1000 (FAx)842-3235 i INFORMATION FOR TENDERERS FORM OF TENDER FORM OF AGREEMENT GENERAL CONDITIONS SUPPLEMENTARY GENERAL CONDITIONS SPECIFICATIONS PART I SEWERS PART 2 ROADWORK INDEX 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 B. 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 9531 CONTRACT NO. 2 VILLAGE OF PORT BURWELL INFORMATION FOR TENDERERS 1. LOCATION The area involved is shown on Drawing M1. 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, CONTRACT NO. 2 Tenders will be received until 12 noon local time on MONDAY, 26 JUNE 1995 at the office of the Clerk, 21 Pitt Street, Port Burwell, Ontario. NOJ 1TO. 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 $12,000 submitted by the Contractor and made payable to: VILLAGE OF PORT BURWELL Bid bonds will not be,accepted. w 6. TIME FOR COMPLETION 0 Refer to Addendum No. 1. 7. WITHDRAWAL OR QUALIFYING QE 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. 8. 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. S INFORMATION FOR TENDERERS IT-3 12. BONDS THE TENDER FOR THIS CONTRACT MIST 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 1O0% 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 0 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. 15. SUBSURFACE CONDITIONS To assist Tenderers, the Engineer wi 11 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. INFORMATION FOR TENDERERS IT-6 18. OUANTITIES The quantities shown for the are for the sole purpose of the work. For work done o Contractor will be paid for unit prices tendered. items in the Form of Tender are estimated only and indicating to Tenderers the general magnitude of r materials supplied on a unit price basis, the the actual measured quantities at the respective 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 i f there i s 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 (50) 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 Engi nee retai ns the right ,to del ete any i tems i n the Form of Tender whi ch 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. INFORMATION FOR TENDERERS IT-7 21. CON5TRUCTION SCHEDULE The Contractor shall be required, prior to the start of the work, to submit a construction schedule. 22. LIOUIDATED 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 $200.00 for each calendar day that the works remain uncompleted after the time so specified or allowed. If this time limit is not sufficient to permit completion of the work by the Contractor working a normal number of hours each day or week on a single daylight shift basis, it is expected that additional and/or augmented daylight shifts will be required throughout the life of the Contract to the extent deemed necessary by the Contractor to ensure that the work will be completed within the time limit specified. Any additional costs occasioned by compliance with these provisions will be considered to be included in the prices bid for the various items of work and no additional compensation will be allowed therefore. If the Contractor is delayed in the completion of the work, (a) by reason of changes or alterations made and or scope of work; N by reason of any breach of Contractor or prevention by the Owner, or other Contractor of the Owner or any employee of any one of them; (c) by reason of delay by the Owner in issuing instructions or information or in delivering materials; INFORMATION FOR TENDERER$ 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 0 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 valance of the contract price The Contractor shall publish the date of substantial completion in the Daily Commercial News. INFORMATION FOR TENDERERS IT-10 25. DATE OF COMPLETION 0 ' 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). (i i ) 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. 0 0 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 70 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 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 toKeep 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. INFORMATION FOR TENDERERS IT-13 29. LABOUR CONDI_TIONS (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-Z234.1-15 (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. INFORMATION FOR TE'NDERERS IT-14 RECON OF ADDI54N STREET AREA 9531 ONTRA T NO. 2 0 IN THE ILLAGE F PORT B RWELL ADD12Dl1M NQ 44 (to the Tender Documents) It is anticipated that the clean fill disposal area east of Chatham Street will accept 2000, w) of clean fill. It is anticipated that the width of the area disturbed may range up to 40 to 50 meters. A detailed plan based on an O.L.S. property/topographical survey is in process and minor adjustments in the manhole heights may result. Fill shall be shaped as directed by Engineer on - site, to drain to CBM 68 and 69. Also refer to Addendum No. 3. The top row of concrete blocks on the south side of the disposal area shall be removed by the Contractor and delivered to the Village forks Department yard. The Contractor shall be responsible for an approved off -site disposal area for any fill generated in excess of what this site can hold. Item 1.1 ii) 600 mm a pipe from CBMH 69 to CBMH 6$ shall be 6i]O mm a PVC SDR 35 or BASS 2{]p0 (not CMP), complete with connections for rear yard drains from the south. Drain connections will be paid under Item 1.8. i). Minor changes in roadway Swale grades and culvert requirements may be made following tendering and prior to construction. The quantity of culverts in the pay item will be adjusted accordingly and any additional excavation will be paid at the unit price bid for additional excavation. The Tenderer shall note that the cross -sections shown on Drawing No, 6 were generated for existing conditions on Contract No. 1. These conditions are somewhat similar for Contract No. 2, however the Tenderer shall determine the amount of boulevard work by reviewing the plan and profiles in addition to the cross - sections. Any existing storm drains which are exposed for any reason during construction shall be inspected by the Contractor and opportunity afforded to the Inspector/Engineer to allow for specific decisions on salvage versus replacement of the various pipes. +Connection of dissimilar pipe materials must be made with approved watertight couplers. The Tenderer hereby agrees to supply the following catchbasin/ditch inlet gratings, if required, in lieu of those on site. 0 Perf. overflow type OPSD 400.11 600 mm7 2 5.00 each. ii) 18 mm o steel bars welded' at 75 mm centres to 50 x 50 x 6 mm angle iron frame, complete with two coats of black rust resistant paint I 1Z ieach. iii) Paint existing fabricated gratings with two coats of black rust resistant paint ,22L each. The foregoing prices shall exclude GST and may be considered by the Owner i review of Tenders and the award of a Contract. n the -2- Continued ... 9531 Utility pole relocates will be done by Ontario Hydro in conjunction with this contract.. The north side of Southey Street will also require tree trimming, in addition to other areas shown. Side street entrances from Chatham Street, including the granular base on Waterloo Street (Contract No. 1), shall be constructed to finished granular 'A' grade and shall be paved with 50 mm of HL 3 to the end of the radii as part of this Contract. It is anticipated that Cowper Street and perhaps part of Southey Street may be deleted to suit available funding, in accordance with Form of Tender page 1 note. 22 JUNE 1995 y r 'Signature of Tenderer Affix Seal CYRIL J. OEMEYERE LIMITED, CONSULTING ENGINEERS, 261 BROADWAY, P.O. BOX 606, TILLSONBURG, ONTARIO N4G 4J1 519) 688-1000 FAX)) 842-3235 REC N TRUCTION OF ADDISON STREET AREA 9531 4NTRA T fp. 2 IN THE VILLAGE OF P R BURWELL ADDENDS N0. 3 (to the Tender Documents) RE; SOILS INFORM TION Testpits 3, 4, 5 and 6 were excavated in November 1994. The results are shown on the Contract Drawing Profiles. Testholes 10 to 15 were dug on Wednesday, 21 June 1995 as follows. &sthole I - 0 + 020 Tennyson Street, north edge of gravel 0.2 m of mixed gravel and topsoil on the road 0.3 m topsoil in the grass area 0.3 to 0.8 brown sand 0.8 to 1.0 brown silt dry at 1.0 m Testiolg 11 - 0 + 85 Southey Street, south edge of gravel 0.2 m mixed gravel over 0.15 m topsoil in roadway 0 to 0.4 m topsoil in grass area 0.4 to 0.6 silty sand 0.6 to 1.0 sandy silt wet at 1.0 m Testhole 12 - 0 + 385 Addison Street, west shoulder 0.05 in topsoil 0.05 to 0.6 dry sand 0.6 to 1.0 dry clay Te5thole 13 - 0 + 030 Cowper Street, north shoulder 0.3 m mixed gravel and topsoil under road 0.25 m topsoil in grass area 0.25 to 1.0 brown silt. dry at 1.0 m Continued — - 2 - 9531 Tgsthole 14 - Midway between CBMH 69 and CBMH 68 on north bank no topsoil 0 to 0.5 m mixed clay fi11 TeAlholt 15 - Midway between CBMH 69 and CBMH 68 in ditch line O to 2.0 m very wet soft clay It should be assumed that 0.3 m m in imra►r thickness of stone bedding will be requ i red under the pipe be t weer CM9H 69 and CM8H 68 Although Testholes 14 and 15 did not indicate any topsoil, the Contractor will still be required to strip any topsoil that is found in the surface layer of the clean fill disposal area and stockpile same for reuse. Since the topsoil thickness is significant in the existing green areas of the road allowances which are to be reconstructed, the Contractor shall strip this topsoil as a separate operation and stockpile same on the north side of the clean fill disposal area. Any surplus topsoil shall be spread same over the clean fill disposal area upon completion of filling. Signature of Tenderer Affix Sea] 22 JUNE 1995 CYRIL J. DEMEYERE LIMITED, CONSULTING ENGINEERS, 261 BROADWAY, P.O. BOX 606, TILLSONBURG, ONTARIO N4G 4J1 519) 688-1000 FAX) 842-3235 RE ON TR TION 4F ADIII ON STREET AREA 9531 OHTRACT NO 2 IN THE VILLAGE OF PORT B RwELL ADD D (to the Tender Documents) RE: EWER PIPE KATERIAL 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 o and larger), extra strength (300 ,m, a and sma 1 l e r) PVC ribbed Pipe (equivalent to SdR 35) Boss 2{)00 (pol ti ht y 9 ) Polyethylene with bell and spigot rubber gasket joints RE' BGRADE BI]RAINS It is anticipated that subgrade subdrains will be required along the full length of both sides of Tennyson, Southey and Cowper Streets. Subgrade subdrains will be required on Addison Street as requested on -site 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 rnm a perforated PVC buildin sewer Pipe (perforations down g overlapping geotextile before placinglG annular 8' s bg ade materisubgrade and al. RE; TRENCH BACKFILL 8ackfill must be granular (native sand acceptable). It is anticipated that sufficient material will be available from road is however, separation of sand from silts/clays will be required. JUNE 1995 CYRIL J. DEMEYERE LIMITED, CONSULTING ENGINEERS, 261 BROADWAY, P.O. BOIL 606, TILLSONBURG, ONTARIO N4G 4JI (519) 688-1400 (FAX) 842-3235 0 0 RJECONSTRULTION OF ADDISON STREET AREA 9531 CONTRACT NO, 2 IN THE VILLAGE OF PORT BURWELL ADD NO. 1 (to the Tender Documents) RE: COMPLETION DATE Assuming a notice of contract award is issued on 28 June 1995 and MOEE approval is received by 30 June 1995, the work must then be substantially completed by 31 August 1995 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. JUNE 1995 CYRIL J. DEMEYERE LIMITED, CONSULTING ENGINEERS, 261 BROADWAY, P.O. BOX 606, TILLSONBURG, ONTARIO N4G 4J1 (519) 688-1000 (FAX) 842-3235 L] 1110 RECONSTRUCTION OF ADDISON STREET AREA CONTRACT NO. 2 VILLAGE OF PORT BURWELL FORM OF TENDER Gentlemen: Revised 19 July 1995 9531 I/We 9597ZA Q TAR10 LTD. , 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. 4 * 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 ONE H NDRED & SEVEN THOUSAND, EIGHT HUNDRED & THIRTEEN --------- 921100 (S 107,813.92 ), 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. NQTE: THE OWNER RESERVES THE RIGHT TO REDUCE THE SCOPE OF WORK TO SKIT AVAILABLE FUNDING WITHOUT AFFECTING ANY UNIT PRICES BID. NOTE: THIS FORA OF TENDER HAS BEEN REVISED TO REFLECT THE DELETION OF THE DRAINAGE AT THE. EAST END OF COWPER STREET AND SOUTHEY STREET AT CHATHAM STREET, AND THE ROADWORK ON COWPER AND AT THE EAST END OF SOUTHEY STREET. FORM OF TENDER Revised 19 July 1995 9531 SCHEDULE OF ITEMS AND PRICES 0 PART 1 STORM DRAINAGE (Reference Specifications Part I Sewers) EST'D UNIT BID ITEM DESCRIPTION (UNIT OTY PRICE AMOUNT 1.1 STORM SEWER OUTLET - DWG. 3 i) CBMH 68 - 2.5 VERT m OF 1200 mm o PRECAST CONCRETE INCLUDING FRAME AND GRATE, BENCHING AND REMOVAL OF EXISTING DITCH INLET 67 L/S - 2,115.25 ii) 631 m OF 600 mm o CMP, 1.6 mm WALL, A.C. WITH WATERTIGHT COUPLERS, INCL. CLEARING OF BRUSH, STRIPPING TOPSOIL AND REPLACING TOPSOIL AFTER PLACING SURPLUS CLEAN FILL L/S - 5.588.10 iii) CBMH 69 - 3.0 VERT m OF 1500 mm o PRECAST CONCRETE INCLUDING FRAME AND GRATE AND BENCHING L/S - 2,519.61 1.2 SINGLE PRECAST CONCRETE CATCHBASINS,. i) NORMAL DEPTH, INCL. FRAMES AND GRATES (CB 13B,16B,348) EACH 3 $776.72 2,330,16 ii) SHALLOW WITH SALVAGED GRATE (CB 65) EACH - DELETED - 1.3 SINGLE PRECAST DITCH INLETS, INCL, REUSE OF EXISTING GRATE (D.I. 5B) EACH 1 $630.27 630.27 1.4 RELOCATE EXISTING 600 x 60O PRECAST CATCHBASINS AND DITCH INLETS (CB 8,18,19) EACH 3 $376.86 1,130.58 SUB -TOTAL PART 1 114,313.97 FORM OF TENDER 2. Revised 19 July 1995 SCHEDULE OF ITEMS AND PRICES 9531 _PART I STORM DRAINAGE (Cont'd] (Reference Specifications Part 1 Sewers) EST'I) UNIT BID IT D€SCRIPTION UNIT OTY PRICE AMQUNT SUB -TOTAL CARRIED FORWARD T4 31 1.5 ADJUST EXISTING 600 x 600 CATCHBASINS BY SAWCUTTING POURED -IN -PLACE SLOPED TOP TO HORIZONTAL SURFACE i) ADD PRECAST RISER AND MODULOC WITH MANHOLE FRAME AND COVER (CB 3A,5A,6,7) EACH 4 523.73 2.094.92 ii) ADD PRECAST 3:1 RISER WITH MODULOC AS REQ-D, REUSING EXISTING GRATE (CB 3B,14,15) EACH 3 328.4898 .�44 1.6 REMOVE EXISTING CATCHBASINS AND DITCH INLETS, SALVAGE GRATES FOR VILLAGE (12,13A,16A,34A) EACH 4 62.49 249.96 1.7 PRECAST EXTENSIONS IN EXCESS OF 300 mm FOR DEEP CATCHBASINS, IF REQUIRED VERT m 1.0 $320.76 320.76 1.8 CATCHBASIN CONNECTIONS AND CONNECT EXISTING DRAINS i) 150 mrm o PVC SDR 28 (PRQV.) m 10 67.12 671.20 ii) 200 mm 0 PVC SDR 35 OR BOSS 2000 m 37 47.96 1,774.52 iii) 250 mm o PVC SDR 35 OR BOSS 2000 m 2.5 $60.22 iv) 300 mm a PVC SDR 35 OR BOSS 2000 m 30 67.19 2,015.70 SUB -TOTAL PART 1 $22,577.02 FORM OF TENDER 3. Revised 19 July 1995 SCHEDULE OF ITEM$ AND PRICES 9531 PART 1 STORM DRAINAGE (Cvnt'd) (Reference Specifications Part 1 Sewers) 0 EST'D UNIT BID ITEM DESCRIPTION UNIT OTY PRICE AMOUNT SUB -TOTAL CARRIED FORWARD $22,577.02 1.9 BEDDING DRAINS AT STORM MANHOLES (PROVISIONAL) EACH 2 63.24 126.48 1.10 CULVERTS AND EXTENSIONS 300 mm o CMP 1.6 mm WALL P.G. OR POLYETHYLENE BUSS POLY-TITE. m 10.5 S 55.91 587.06 1.11 REMOVE EXISTING CULVERTS, SALVAGE FOR VILLAGE AS DIRECTED m 90 S 12.50 % 125.00 1.12 RELOCATE EXISTING HYDRANTS EACH 2 $376.86 753.72 1.13 RELAY EXISTING 150 mm 0 WATERMAIN WITH PVC DR 18 (IF REQ'D) i) UP TO 10 m (PROV.) EACH 1 $762.90 762.90 ii) ADDITIONAL LENGTH BEYOND 10 m AT EACH LOCATION m 20 56.34 1,126.80 iii) OFFSET WATERMAIN, IF REQUIRED EACH 1 $648.82 648.82 1.14 STYROFOAM SM INSULATION 120-0 mm WIDE x 50 mm THICK INCLUDING 150 mm SAND UNDER AND OVER BEDDING ON SHALLOW SEWERS & WATERMAIN (PROV.) m 30 17.00 510.00 TOTAL PART 1 STORM DRAINAGE $28,217.80 FORM OF TENDER 4. Revised 19 July 1995 SCHEDULE F ITEM A D PRI E 9531 PART 2 ROADWQRK (REFERENCE SPECIFICATIONS PART 2 ROADWORK) ITEM DE R PTI EST'D UNIT TY UNIT BID PRICE AMO NT 2.1 CLEARING ARID GRUBBING i) REMOVE TREES AND STUMPS 150 rmr a TO 450 mn o EACH I 175.00 i75.00 ii) REMOVE TREES AND STUMPS OVER 450 mm a EACH I 315.00 iii}PROFESSIONAL TRIMMING OF OVERHANGING BRANCHES WHICH INTERFERE WITH ROADWAYS AND TREES LESS THAN 150 mm a AS DIRECTED L/S _ 175.00 2.2 EXCAVATION AND GRADING, INCL. REMOVAL AND DISPOSAL OF EXISTING PAVEMENT, DRIVEWAY GRADING , SWALES AND CLEARING AS REQUIRED i) ADDISON STREET FROM TENNYSON STREET TO SOUTHEY STREET (TOTAL LENGTH 120 m APPROX,) L/S _ 1,768.34 ii) ADDISON STREET FROM SOUTHEY STREET TO COWPER STREET (TOTAL LENGTH 130 m APPROX.) L/S _ _1,915.10 iii) TENNYSON STREET (TOTAL LENGTH 120 m APPROX.) US 1,7b8.34 iv) SOUTHEY STREET (TOTAL LENGTH 120 m APPROX.) L/S COMPLETE 80 m 1,178.90 v) COWPER STREET (TOTAL LENGTH 120 m APPROX.) L/S ALLOW 10% FOR INTER. 200.00 SUB -TOTAL PART 2 ROADWORK ,2 FORM OF TENDER 5. Revised 19 July 1995 SCHEDULE OF ITEMS AND PRICES 9531 PART 2 ROAD RK Cvnt'd (REFERENCE SPECIFICATIONS PART 2 ) EST'D UNIT BID ITEM DESCRIPTION UNIT OTY PRICE AMOUNT SUB -TOTAL CARRIED FORWARD 7,556.28 2.3 EXCAVATION BELOW SUBGRADE AND BEYOND TRENCH LIMITS (PROVISIONAL) m3 100 S 5.63 563.00 2.4 SUBGRADE SUBDRAINS, 100 am o PERFORATED PVC B.S.P. IN HL 3 STONE WRAPPED WITH GEOTEXTILE m 740 S 18.16 13,438.40 2.5 IMPORTED SAND (IF REQ'D) m' COMP 100 S 16.73 1,673.00 2.6 GRANULAR BASE 'B' TONNE 2840 8.82 25,048.80 2.7 GRANULAR BASE 'A', INCL. ROADBASE AND DRIVEWAY RESTORATION TONNE 1500 9.32 13,980.00 2.8 18 mm CLEAR STONE FOR DRIVEWAY RESTORATION TONNE 100 14.24 1,424.00 2.9 ADJUST EXISTING MANHOLES EACH 3 $134.08 402.24 2.10 SUPPLY CALCIUM CHLORIDE AND SPREAD MECHANICALLY TONNE 5 $528.23 2,641.15 2.11 COLA -MIX ASPHALT (PROV.) TONNE 5 81.85 409.25 2.12 50 mm HOT -MIX ASPHALT HL 3 FOR CHATHAM INTERSECTIONS AND DRIVEWAYS AS REQ'D. TONNE 80 LL5.00 5.200.00 2.13 100 mm TOPSOIL 0 SEEDING m2 2600 2.65 6,890.00 ii) SODDING (PROV.) m2 200 1.85 370.00 TOTAL PART 2 ROADWORK $7M96.12 FORM OF TENDER 6. JMR PART I STORM DRAINAGE PART Z ROADWORK TOTAL. TENDER PRICE (EXCLUDING GST) Revised 19 July 1995 9531 1 28.211 80 79.596,12 107 813.92 bunt 4f tender to be repeated in writing ONE HUNDRED. 6 SEVEN THOUSAND EIGHT HUNDRED & THIRTE_EN------------------------ 92 100 Dollars PROVINCE OF ONTARIO SALES TAX TO BE INCLUDED IN ACCORDANCE WITH SECTION 21 OF THE INFORMATION FOR TENDERERS. FORM OF TENDER 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. FORK! OF TENDER. 1. Dated at ST. THOMAS this of �IUNE 1995. day Signature of Tenderer 969774 ONTARIO LTD. 140 BURWELL ROAD Address ST. THOMAS. ONTARIO City, Town N5P 3R8 Postal Code ( 19)6 I-5041 (519)631-2591 Telephone No. Fax No. 3AMES MALPASS CONTACT PERSON - PRINT (SEAL) 9531 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 F3 0 AGREEMENT 9531 THIS AGREEMENT MADE (in duplicate) this 27TH day of JUNE A.D., 1995. BETWEEN: 969774 ONTARIO 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, CONTRACT NO. 2. 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 Corporate Seal of the Owner under the hands of its ,proper officers in that behalf. SIGNED, SEALED Aft, DELIVERED IN THE PRESENCE OF As Y"ignatur%faf Contractor 969774 ONTARIO LTD. i RECONSTRUCTION OF ADDISON STREET AREA 9531 CONTRACT NO 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. i INDEX TO SUPPLEMENTARY GENERAL CONDITIONS 1. GENERAL 2. SCOPE OF WORK 3. DRAWINGS, SPECIFICATIONS 4. TESTING OF MATERIALS 5. OFFICE 6. STORAGE YARDS 7. CUTTING AND FITTING 8. WATER SUPPLY 9. LAYOUT WORK 10. TRENCH EXCAVATORS' PROTECTION ACT 11. OCCU'PATIONAL HEALTH AND SAFETY ACT 12. PUBLIC UTILITIES SERVICES 13. MAINTAINING FLOW OF SEWERS AND DRAINS 14. INSPECTION OF WORK 15. ON -SITE INSPECTION 16. WATER, SNOW AND ICE 17. PROVISION FOR TRAFFIC DURING CONSTRUCTION 18. PROTECTION OF ADJOINING PROPERTIES 19. CLEANLINESS OF THE WORK 20. CONTRACTOR'S GENERAL OBLIGATION 21. SANITARY CONVENIENCES 22, PRESERVATION OF TREES 23. DISPOSAL OF MATERIALS 24. IRON BAR MONUMENTS 25. DUST CONTROL 26. DEFECTIVE WORK 27. CONFLICTS AND OMISSIONS 28. TRAFFIC SIGNS 29. STREET NAME SIGNS 30. LOCAL ROADS 31. ERRORS AND OMISSIONS BY CONTRACTOR 32. CONFLICT WITH UTILITIES 33. COST OF POWER AND FACILITIES AT THE SITE 34. EXCESS LOADING OF MOTOR VEHICLES 35. ERRORS IN CONTRACT DOCUMENTS 36. AGENTS OF OWNER PAGE SGC-1 SGC-1 SGC-1 SGC-2 SGC-2 SGC-3 SGC-3 SGC-3 SGC-3 SGC-4 SGC-5 SGC-5 SGC-7 SGC-7 SGC-7 SGC-7 SGC-8 SGC-9 SGC-9 SGC-10 SGC-10 SGC-10 SGC-10 SGC-10 SGC-11 SGC-11 SGC-11 SGC-11 SGC-11 SGC-12 SGC-12 SGC-12 SGC-13 SGC-13 SGC-13 SGC-13 0 RECONSTRUCTION OF ADDISON STREET AREA 9531 CONTRACT NO. 2 VILLAGE OF PORT BURWELL SUPPLEMENTARY GENERAL CONDITION$ I. 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. I COVER SHEET DRAWING NO. 2 ADDISON ST. (PLAN & PROFILE), TENNYSON ST. (PLAN ONLY) DRAWING NO. 3 ADDISON ST. (PLAN & PROFILE), SOUTHEY & COWPER STS. (PLAN ONLY) DRAWING NO. 4 TENNYSON, SOUTHEY & COWPER STS. (PROFILE ONLY) DRAWING NO. b 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 he used on any other work, and, with the exception of the signed cont-ract set of the drawings and specifications, are to be returned to him on request on the completion of the work. k • SUPPLEMENTARY GENERAL CONDITIONS SGC-1 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 b. 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-lI 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 35. AGENTS OF OWNER SGC-13 RECONSTRUCTION OF ADDISON STREET AREA 9531 CONTRACT NO. 2 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. I COVER SHEET DRAWING NO. 2 ADDISON ST. (PLAN & PROFILE), TENNYSON ST. (PLAN ONLY) DRAWING NO. 3 ADDISON ST. (PLAN & PROFILE) , SOUTHEY & COWPER STS. (PLAN ONLY) DRAWING NO. 4 TENNYSON, SOUTHEY & COWPER STS. (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 can request on the completion of the work. Y 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 ❑URING 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. SUPPLEMENTARY GENERAL CONDITIONS SGC-2 b. 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 Contractor 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. w 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 an uniform line and grade. C� 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.. 1.0. 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 jn or near the trench." SUPPLEMENTARY GENERAL CONDITIONS SGC-4 0 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 0 12. PUBLIC UTILITIES SERVICES (Cont'd) (b) The authorities responsible for the various services in the Contract area are as follows: PUBLIC UTILITY COMMISSION MUNICIPALITY AMTELECOM NATURAL RESOURCE CAS Hydro power lines and cables Watermain Storm and sanitary sewers Telephone cables 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 10 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. SUPPLEMENTARY GENERAL CONDITIONS SGC-7 0 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) F1 aggi nq 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 f1tiorescent blaze orange or red safety vest, 2, or an approved fluorescent blaze orange or red armband on each arm and a similar hat. SUPPLEMENTARY GENERAL CONDITIONS SGC-8 17._- PROVISION FOR TRAFFIC DARING CONSTRUCTION (Cont'd) 9 (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 ail 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 General Notes on Contract Drawings. 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 assiistance 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. SUPPLEMENTARY GENERAL CONDITIONS SGC-I1 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. SUPPLEMENTARY GENERAL CONDITIONS SGC-I2 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 ❑mission 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 RECONSTRUCTI4'IN&F ADDISON STREET AREA 9531 CONTRACT NO. 2 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 I SEWERS 1. 1.2 MATERIALS (Cont'd) • (a) PIPE (Cont'd) M 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 112412. iii CORRUGATED METAL PIPE If Rewired Corrugated metal pipe, riveted type shall have standard annular corrugated couplers consisting of 600 mm wide rod and lug type with neoprene gasket. 11 SPECIFICATIONS PART 1 SEWERS 2. Continued... 1.2 MATERIALS (Cont'd) 0 (a) PIPE (Cont'd) 0 (iii) CORRUGATED METAL PIPE (IF REQUIRED) Corrugated metal pipe not designated as riveted may be the helical type (Hel -Cor) with rerol led 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 'O' 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 i nto the pi pe, smal 1 enough to permi t a short bel 1 end of pi pe 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 I SEWERS 3. 1.2 MATERIALS (Cont'd) (c) BACKFILL MATERIAL All backfiil 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. Trans ite 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. x SPECIFICATIONS PART 1 SEWERS 4. 1.3 CONSTRUCTION METHODS (a) ETTING 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 ltne 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) EXCAVATIOt All excavation shall be carried out according to the Construction Safety Act as per Section 10 of the Supplementary Generdl 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. SPECIFICATIONS PART I SEWERS S. 1.3 CONSTRUCTION METHODS (Cont'dl • (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, backfiil shall be hand placed in lifts of not greater than 150 mm and compacted by means of power rammers to 95 a 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. SPECIFICATIONS PART I SEWERS M. 1.3 CONSTRUCTION METHOD (Cont'd) I* , (e) PIPE INSTALLATION (font"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. 1. SPECIFICATIONS PART 1 SEWERS 7. 1.3 CONSTRUCTION METHODS (Cont'd) 0 (g) BACKFILLING 0 it 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 enfiltration. 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% 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 I SEWERS A 1.3 CONSTRUCTION METHODS Cont'd 0 (i) CASTINGS AND ADJUSTMENTS 0 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 CRATES 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. 1.4 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. • I.4 MEASIIREMEI� ANfl PAYMENT (font' d1 (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. SPECIFICATIONS PART I 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 WATERMAIN All installations shall include appropriate Uni-flange thrust restraints and general installation in accordance with approved standards by area Public Utility Commissions. The lump sum price bid for hydrant relocation shall include replacement of the lead from the shut-off valve to the hydrant, reblocking of the hydrant and replacement of clear stone soak pit with geotextile separator. The Contractor shall make minor grade adjustments as directed on site and as allowed by pipe deflections. Hydrant extensions, if required, will be paid as an extra. (f) 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. a SPECIFICATIONS PART 1 SEWERS 11. RECONSTRUCTION OF ADDISON STREET AREA 9531 CONTRACT NO. 2 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 Percenta a Passing 7/81' (22.4 mm) 100 5/81' (16.0 mm) 57-100 3/81' (9.5 mm) 47-100 #4 (4.75 mn) 36- 96 #16 (1.18 mm) 25- 86 #50 (300 � } 10-,`7 #200 (75 5- 37 0- 8 SPECIFICATIONS PART" 2 ROADWORK 0 2.2 MATERIALS (Cont'd) (a) GRANULAR BASE 'B' (Cont'd) Note: Notwithstanding the foregoing, if dub 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 N1 'Nursery Turf and shall be free from weeds or insects. (y) FERTILIZER Fertilizer shall be standard commercial fertilizer (5-20-20) for seeding and (10-10-10) for sodding. SPECIFICATIONS PART 2 ROADWORK 2. 40 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 100a 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. is 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. SPECIFICATIONS PART 2 ROADWORK 4.. 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/ydz) 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. 1b N SPECIFICATIONS PART 2 ROADWORK 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 j 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 chlori-de 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 N 2.4 MEASUREMENT AND PAYMENT (Cont'di (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 wi l l 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) CLEARING. GRUBBING AND TRIMMING The unit prices bid for clearing and grubbing shall include the complete removal of all trees and stumps, approved off -site disposal and/or chipping if required, cutting into firewood lengths as directed by adjacent homeowners and piled on their ,property adjacent to the read allowance (splitting not required), and protection of existing utilities from damage. Trimming of existing trees which are to remain, shall be completed by competent personnel to the limits directed on site by the Engineer and/or homeowner, to prevent interference with, the proposed roadway, including removal and approved off -site disposal and/or chipping of all brush, and dressing of tree wounds. (g) 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. • SPECIFICATIONS PART 3 ROADWORK 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, Sharing 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 g (h) Testing (i) Castings and Adjustments g (j) Maintenance 9 1.4 MEASUREMENT AND PAYMENT (a) Pipe g (b) Precast Manholes 14 (c) Manhole Frames and Covers or Grates 11 (d) Catchbasins 11 (e) Miscellaneous Watermain 11 (f) Miscellaneous 11 INDEX TO SPECIFICATIONS PAG E PART 2 ROADWORK 2.1 DESCRIPTION (a) Scope of Mork 1 2.2 MATERIALS (a) Granular Base 'B' I (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 b (c) Calcium Chloride 6 (d) Landscaping 1 (e) Subgrade Drains 7 (f) Clearing, Grubbing and Trimming 7 (g) Miscellaneous 7 {+ 'Met Corporation of the Vifl ,ge of Port Burwefl 1 PO Box 10 21 Pitt Street Pert Burwell ON NOJ 1T0 BY-LAW 95-43 Being a by-law to appoint an additional Lottery Licensing Officer WHEREAS the Municipal Act R.S.O. 1990, c. M.45, s. 207, p. 45, as amended provides for appointing such officers and employees as may be necessary for the purposes of the corporation or for carrying into effect any Act of the Legislature or by-law of the Council, and; WHEREAS By -Lave 93-02 was passed appointing David Free as the Lottery Licensing Officer for the Corporation, and; WHEREAS Council deems it necessary to appoint an additional Lottery Licensing Officer; THEREFORE the Council of the Village of Port Burwell enacts as follows: I. That Donna Lamoure he and is hereby appointed as an additional Lottery Licensing Officer for the Corporation, to ,hold such offices at the pleasure of the Council of the Corporation. 2. That such Lottery Licensing Officer shall exercise all the authority powers and rights, and shall perform all the duties and obligations which, by statutes or by-laws are or may be conferred or imposed upon the Lottery Licensing Officer along with any other duties as may be imposed by the Council of the Corporation. THIS by-law comes into effect on the date of passing. Read a first T.$A d tirr,eAhis 6th day of July, 1995. atratorlClerlr-Treasurer 9 Read a third and final time this 6th day of July, 1995. Adminis ator/Clerk-Treasurer THE CORPORATION OF THE "VILLAGE OF PORT BURWELL P. O. Box 10, Port Burwell, Ontario NOJ 4 TO telephone (519) 874-4343 - fax (519) 874-4948 Memo To: Council From: D. Free Re: Lottery Licensing Date: July 4, 1995 There are numerous occasions when I am not available to sign lottery licenses as a result of meetings and vacation, etcetera. The attached by-law solves this problem. Please review tine by-law in order that it may be considered at the July 6, 1995 meeting. David Free ®avid R. Free, CET, AMCT(A) - Administrator/Clerk-Treasurer Fine Corporation of the Village of Port Burwell PO Box 10 21 Pitt Street Port Burwell ON NOJ 1TO BY-LAW 95-44 Being a by-law to establish a Municipal Events Committee reporting to the Council of the Village of Port Burwell WHEREAS the Municipal Act, R.S.0 1990, as amended c. M.45 s. 11 p. 1 and subsection (h) states; The Council may pass by -Laws relating to the administrative and domestic affairs of the Corporation not inconsistent with this Act and the regulations and, without limiting the generality of the foregoing,. (h) providing for the appointment, composition, powers and duties of the committees of Council as may be required, including the filling of vacancies and the setting of quorums; AND WHEREAS Village of Port has studies regarding tourism recommending public participation in special events and activities for increased business within the municipality. NOW THEREFORE, the Council of the Corporation of the Village of Port Burwell deems it expedient to establish a Municipal Events Committee to advise and coordinate with associations and organizations special events and tourism activities for the municipality in accordance to policies and procedures in accordance to Schedule "X forming part of this bylaw. Read a first and second time this bth day of July, 1995. Ree►re -J�X'�� Admini rator/Clerk-Treasurer Read a third and final time this fitly day of July, 1995. Rcc� Adtni strator/CIerk-Treasurer THE CORPORATION OF THE VILLAGE OF PORT BURWELL P. O. Sox 10, Port Burwell, Ontario NOJ I TO telephone (519) 874-4343 • fax (519) 874-4948 July 17, 1995 OME Insurance Brolaers Ltd Post Office Box #45, Suite 802 2 King Street West Toronto ON M5H 3T4 Attention: Mr. Warren Snyder Dear Mr. Snyder Re: Canoe Races - Village of Part Burwell Commensurate with discussions with David Free please find attached the resolution introducing our By-I.aw 95-44, being a by-law to estahlish a Municipal Events Committee reporting to the Council of the Village of Pork Burwell, as well as a certified copy of our By-Uw 95-44. I trust that you will find the attached in order and if you should have nay further questions please feel free to call. Yours truly j6aa4 Donna Lamoure Secretary, Village of Port Burwell Encls Tom Nesbitt • Reeve David R. Free, CET, AMCT(A) Administrator/Clerk-Treasurer Councillors - D. Mason, J. Hevenor, G. Loucks, C. Allin THE CORPORATION OF THE VILLAGE OF PORT BURWELL P. O. Box 10„ Port Burwell, Ontario NO) ITO telephone (519) 874-4343 • fax (519) 874-4948 July 17, 1995 Canadian Benefit Administrators 5409 Eglinton Ave, West, Suite 108 Etob colxe ON M9C 5K6 Attention: Mr. Warren Snyder .Dear Mr. Snyder Re: Canoe Races - Village of Port Burwell Commensurate with discussions with David Free please find attached the resolution introducing our By-I.aw 95-44, being a by-law to establish a Municipal Events Committee reporting to the Council of the Village of Port Burwell, as well as a certified copy of our By- Law 95-44. I trust that you will find the attached in order and if you should have nay further questions please feel free to call. Yours truly M Donna L,amoure Secretary, Village of Port Burwell Encls. Tom Nesbitt . Reeve David R. Free, CET, AMCT(A) Administrator/Clerk-Treasurer Councillors D. Mason,, J. Hevenor, G. Loucks, C. Allin The Corporation of the Viflagre of Port BurweU Po Box 10 21 Pitt Street Port Rurwell ON NO] 1Tb BY-LAW 95-�4 � 5 Being a by-law to amend By -Law 95-19, being a by-law to provide for the management, control, regulation, maintenance and usage of all facilities, monuments and properties owned or leased by the Village of Port Burwell for Historical Preservation purposes; and a By-law to authorize the carrying on of a Community programme of Historical Preservation within meaning and regulations of the Ministry of Citizenship, Culture and Recreation. W14EREAS Council deems it necessary to amend By -Law 95-19 The Council of the Village of Port Burwell enacts as follows: Introductory Paragraph Being a by-law to provide for the management, control, regulation, maintenance and usage of all facilities, monuments and properties owned or leased by the Village of Port Burwell for Historical Preservation purposes; and a By-law to authorize the carrying on of a Community programme of Historical Preservation within meaning and regulations of the Ministry of Recreation, Culture and Tourism.. - :..MRil'w� 91 Being a by-law to provide for the management, control, regulation, maintenance and usage of all facilities, monuments and properties owned or leased by the Village of Port Burwell for Historical Preservation purposes; and a By-law to authorize the carrying on of a Community programme of Historical Preservation within meaning and regulations of the Ministry of Citizenship, Culture and Recreation. Item #2. There is hereby authorized and established for the municipality a community F -ogranune of Culture and Tourism which includes cultural, physical, multicultural and social activities within the meaning of the regulations set out under the Ministry of Recreation Culture and Tourism and the same shall be carried on for the well- being of the community and fok'the use, benefits and advantage of the inhabitants. To Read as follows: There is hereby authorized and established for the municipality a community programme of Culture and Tourism which includes cultural, physical, multicultural and social activities within the meaning of the regulations set out under the Ministry of Citizenship, Culture and Recreation and the same shall be carried on for the well-being of the community and for the use, benefits and advantage of the inhabitants. Items ##5. While conducting in the Municipality the community programme of museum activities within the meaning of the regulations of the Ministry Recreation, Culture and Tourism and without limiting the generality of the foregoing, the Committee shall: To Read as follows: While conducting in the Municipality the community programme of museum activities within the meaning of the regulations of the Ministry Citizenship, Culture and Recreation and without limiting the generality of the foregoing, the Committee shall: Items #5 o) Act as a lobby group when necessary to promote various new programmes that it feels are an improvement and important to the community's recreational opportunities. To Read as foHO' WS: Act as a lobby group when necessary to promote various new programmes that it feels are an improvement and important to the community's cultural opportunities. Item #5 qj Solicit and/or receive gifts or bequests of money or any donations to be applied in furtherance of the community programme of recreation hereby established. 2 To Read as follows: Solicit and/or receive gifts or bequests of money or any donations to be applied in furtherance of the community programme of cultural hereby established. Item #8.6 In consultation with the Director, recommend the suspension of a Committee member for excessive absenteeism. The Chairman with the majority support of the Committee shall advise Council re: absent members, and where necessary, recommend to Council that appointments to the Committee be terminated clue to members' attendance. To Read as follows: In consultation with the Director, recommend the suspension of a Committee member for excessive absenteeism. The Chairman with the majority support of the Committee shall advise Council re: absent members, and where necessary, recommend to Council that appointments to the Committee be terminated due to members' attendance record. Item # 13. It shall be an offence for any person or persons to do any of the acts hereinafter specified in this section within Museum, Lighthouse and properties without receiving prior written permission from the Recreation Director. The Recreation Director, Chairman or his designate, Committee is hereby authorized by Council to accept applications for and Authority Conduct issue any permits or written permission from the Council. To Read as follows: It shall be an offence for any person or persons to do any of the acts hereinafter specified in this section within Museum, Lighthouse and properties without receiving prior written permission from the Culture and Recreation. Director. The Culture and Recreation Director, Chairman or his designate, Committee is hereby authorized by Council to accept applications for and Authority 'Conduct issue any permits or written permission from the Council. 3 a THIS by-law comes into effect on the date of passing. Read a first an second ti this 26th day of Septennher, 1995. R ZFrator/Clerk-Treasurer Read a third final tijke th/s 2btA day of Septernher, 1995. nz' lstrator/C'lerk-Treasurer 4 Village of Port Burwell Post Office Box #10 21 Pitt Street Port Burwell, Ontario NOJ 1TO Resolution MOVED BY: SECONDED BE IT RESOLVED, the Council of the Village of Port Burwell hereby agrees to introduce By -Law 95-44, being a by-law to amend. By -Law 95-19, being a by-law to provide for the management, control, regulation, maintenance and usage of all facilities, monuments and properties owned or leased by the Village of Port Burwell 6 Historical Preservation purposes; and a By-law to authorize the carrying on of -a Community programme o Historical Preservation within meaning and regulations of the ,Ministry of Culture, To m and Recreation, UNANIMOUSLY. The Corporation of the ViUage of Port Bura►efl PO Box 10 21 Pitt Street Port Burwell ON NOJ 1TO BY-LAW 95-44 Being a by-law to amend By -Law 95-19, being a by-law to provide for the management, control, regulation, maintenance and usage of all facilities, monuments and properties owned or leased by the Village of Port Burwell for Historical Preservation purposes; and a By-law to authorize the carrying on of a Community programme of Historical Preservation within meaning and regulations of the Ministry of Culture, Tou ' and Recreation. WHEREAS Council deems it necessary to amend By -Law 95-19 AND WHEREAS the Council of the Village of Port Burwell amends the by-law to read as follows: Introductory Paragraph Being a by-law to provide for the management, control, regulation, maintenance and usage of all facilities, monuments and properties awned or leased by the Village of Port Burwell for Historical Preservation purposes; and a By-law to authorize the carrying on of a Community programme of Historical enervation within meaning and regulations of the Ministry of Culture, T sm and Recreation. 2. There is hereby authorized and established for the municipality a community programme of Culture and Tourism which includes cultural, physical, multicultural and social activities within the meaning of the regulations set out under the Ministry of Culture, l 9pf" w and Recreation and the same shall be carried on for the well- being of the community and for the use, benefits and advantage of the inhabitants. 5. While conducting in the Municipality the community programme of museum activities within the meaning of the regulations of the Ministry Culture, Tourism. and Recreation and without limiting the generality of the foregoing, the Committee shall: 5 o) Act as a lobby group when necessary to promote various new programmes that it feels are an improvement and important to the community's cultural opportunities. 5 q) Solicit and/or receive gifts or bequests of money or any donations to be applied in furtherance of the community programme of cultural hereby established. 8.6 In consultation with the Director, recommend the suspension of a Committee member for excessive absenteeism. The Chairman with the majority support of the Committee shall advise Council re; absent members, and where necessary, recommend to Council that appointments to the Committee be terminated due to members' attendance record.. 13. It shall be an offence for any person or persons to do any of the acts hereinafter specified in this section within Museum, Lighthouse and properties without receiving prior written permission from the Culture and Recreation Director. The Culture and Recreation Director, Chairman or his designate, Committee is hereby authorized by Council to accept applications for and Authority Conduct issue any permits or written permission from the Council. THIS by-law comes into effect on the date of passing. Read a first and second time this bth day of July, 1995. Reeve Administrator/Clerk-Treasurer Read a third and final time this 6th day of July, 1995. Reeve Administrator/Clerk-Treasurer 2 Village of Fart Burwell PO Box 1O Port Burwell ON NOJ IT0 BY-LAW 95-19 Being a by-law to provide for the management, control, regulation, maintenance and usage of all facilities, monuments and properties owned or leased by the Village of Pork Burwell for Historical Preservation purposes, and a By-law to authorize the carrying on of a Community programme of Historical Preservation within meaning and regulations of the Ministry of Recreation,--eu6re and TouriozzL C(ALJ ttlei, 1 s4r)S+ri AV ►Zfcr1tiATr-�k/ WHEREAS the carrying on of an organized programme of Museum activities and the provision of services to provide for the preservation of local heritage and articles of significant historical value is conducive to the well-being of a community and to the advantage of its inhabitants, both collectively and individually, and; WHEREAS the Council of the Corporation of the Village of Port Burwell is authorized to carry on such a programme and to place the same in charge of a Museum Committee, and; WHEREAS the Council is empowered to manage, control, regulate and maintain the use of all facilities, artifacts and properties, and; WHEREAS it is deemed desirable the facilities, museum and properties be maintained and controlled for the enjoyment and benefit of the citizens of the Village; NOW THEREFORE the Council of the Corporation of the Village of Port Burwell enacts as follows: In this By-law: a) "Council" means the elected Council of the Corporation of the Village of Port Burwell b) °"Village" means the Corporation of the Village of Port Burwell c) "Chairman" means the Chairman of the Museum Committee as appointed by the Committee. d) "Vice Chairman" means the Vice Chairman of the Museum Committee as appointed by the Committee. , e) "Department" means the Parks, Recreation, Culture & Tourism Department of the Village of Port Burwell . f) "Director" means Director of the Parrs, Recreation, Culture & Tourism Department or the delegate thereof. g) "Properties" means any and all buildings, structures, equipment, trees, shrubs, horticultural display, benches, walkways, tennis courts, arenas, rinks, docks, launching ramps, pools, waste disposal containers, playground apparatus, shelters, washrooms, fencing, lighting, parking areas or other such properties that may be placed or erected on Village of Port Burwell parklands; h) "Posted Area" means any area that is posted by sign, notice or other device for a specific area purpose or to restrict certain activities in or on Village parklands under the authority of this by-law. i) "Parking Area" means an area that is physically laid out and/or improved for the purpose of Area parking vehicles or that is designated by an official sign for such purpose in or on a Village parkland. t) "Museum," k) "Lighthouse" 2. There is hereby authorized and established for the municipality a community programme of Culture and Tourism which includes cultural, physical, multicultural and social activities within the meaning of the regulations set out under the Minis—tmAZecreation Culture and Tourism and the same shall be carried on for the well-being of the community and for —the use, benefits and advantage of the inhabitants. 3. The community programme of Historical & Cultural Preservation shall be conducted by a Parks, Recreation, Culture & Tourism Director who shall be advised and directed by the Museum Committee, hereby referred to as "the Committee". The said Committee shall assist the Director in formulating direction and policies for and relating to the administration of the Museum, Lighthouse and artifacts. The Committee shall also oversee the Director's fulfilment of his job responsibilities. a) The Committee shall be composed of a number of persons not to exceed 15. The Committee shall he residents of the municipality and representative ok those centres of activity in the community whose thought and assistance will 2 give heed to the benefits to be obtained by the Committee. One (1) member of the Committee shall be an elected member of the Council. b) The Reeve shall be ex-officio as a member of the Committee. 4. The Committee shall be appointed by, and the terms of office of its members shall be established by the Council. The members of the Committee who are not members of a Municipal Council shall hold ofi-ce for three (3) years, and may be reappointed at the end of a three year appointment, provided that on the first appointment the Council, from among such members shall designate members who shall hole) office; a) until the 1st day of June of the year following the date of appointment; b) until the 1st day of June or the second year following the date of appointment; c) until the lot day of June of the third year following the date of appointment respectively, and the members of the Committee who are members of Council shall be appointed for three (3) year terms. 5. While conducting in the Municipality the community programme of museum activities within the meaning of the regulations of the Ministry Recreation, Culture and Tourism and without limiting the generality of the foregoing, the Committee s a) Elect a chairman and vice chairman annually from among its members, and other such officers as may be required. b) Enact the by-laws as passed by Council for its own government and maize rules and regulations for the proper conduct of its programmes. All regulations of the Committee shall be subject to the approval of Municipal Council. c) Hold regular monthly meetings at designated locations accessible and open to the public. d) At any meetings of the Committee, have a quorum which shall consist of a minimum of five members. r e) Have an agenda and material for review sent to each member three (3) days prior to monthly meetings and also a departmental financial statement when available for the Committee's perusal. l) Pass formal sets of minutes and resolutions that shall be brought before Council to become officially approved. Copies of these minutes shall be available to the public. g) Submit to Council, through the Director or the delegate thereof, an annual retort of its activities and such other reports as may be required from time to time. h) Recommend to Council for any hiring or discharge of a Director whom duties shall be estahlished by the Council in consultation with the Committee, i) Araugh the Committee Chairman, advise the Director on personnel who are not fulfilling job responsibilities. 1 M In assistance with the Director, develop a yearly budget and maintain control. of it though the review of financial statements at monthly meetings. The budget shall he brought before Council by the Dir`cctor for discussion and approval. Be authorized to world jointly with other municipal services in establishing, operating, and maintaining a supervised public museum system of facilities and activities. l) When ailvisahle, appoint area museum committees and the Committee shall provide such services as it deems necessary to assist these area committees in carrying on their activities. m) Appoint as it decals necessary, such adhoc committees to act in an advisory capacity to the Committee, 11) Be expected to maintain an efficient relationship with the Director to promote maximum recreation„ culture and tourism opportunities while establishing good business practices and sound financial management. a) Act as a lobby group when necessary to promote various new programmes that it feels are an improvement and important to the community's si aaatia�sj opportunities. "r'"44 e_ p) C*ncourage comments, attitudes, and concerns from the general populace: to be brought up for discussion within Committee meeting formats. 4 q) Solicit and/or receive gifts or bequests of money or any donations to be applied in furtherance of the community programme of 4aotsa#iraa hereby established. £kLT' urtig r) Prescribe fees for participation in, or admittance to, any part of the museum programme. s) Incur expenditures to the extent provided in the annual approved budget or as approved by Council in accordance to purchasing policies of the Village. t) Undertake all such other Lawful things as are incidental or conducive to the achievement of its objectives. 6. No debt or obligation shall he incurred by the said Committee unless duly authorized by resolution of the Council. 7. In carrying out the provisions of this By-law, the Committee shall at all times he the agent for the Village of Pork Burwell and while acting Kona fide within the limits of the authority of this By-law, neither the Committee nor any member thereof small incur any liability by reason of anything done or left undone by the Committee; provided however, that nothing in this paragraph contained shall authorize or empower the Committee to incur any debt, liability or obligation for which the Village of Port Burwell shall become liable without having previously obtained the consent of the Council of the Village of Port Burwell. 8. It shall be the duty and responsibility of the Chairman or, in his absence, Vice Chairman, to: 8.1 Advise the Director in regards to controls, regulations, maintenance, development, and usage of all facilities, artifacts, and properties; and the employment and performance of departmental personnel. 8.2 As required, recommend to the Director any revisions, additions, or amendments to the by-law for improvement to the managemen+, control, regulations, maintenance and usage of facilities, par6lands and properties. 8.3 Be responsible for the duties as statedin this by-law for the following parklands; Museum, Lighthouse, and additional facilities and articles of historical significance as designated by Council snail be contained in Schedule "B" attached hereto. 8.4 Assign sub -committee responsihdities on a yearly basal. 8.5 Liaison with the Horticultural Society, the P"ar6 and R=mtion Committee 5 and the Business & Tourist Association. 8.6 In consultation with the Director, recommend the suspension of a Committee J member for excessive absenteeism. The Chairman with the majority support of the Committee shall advise Council re: absent members, and where necessary, recommend to Council that appoin rents to the Committee he terminated due to members' atte�Jance. .cam-- q. The amount of a ment for Committee members shad be established b Council and based PY Y on monthly meetings and/or subcommittee meetings. Members absent from all Committee activities for a period of five consecutive months shall forfeit all payments for said period. Members absent from more than three meetings during the yearly term shall forfeit payments for all additional missed meetings. 10. The Committee Vice Chairman shall take on all Chairman responsibilities in the absence of the Chairman. 11. In the absence of the Director within the context of this bylaw the Administrator/Clerk- Treasurer or a delegate thereof shall assume the responsibilities. 12. It shall be an offence for any person or persons to do any of the acts hereinafter specified within the limits of Village museum and properties: a) To damage, destroy, injure, deface, tear up, damage to hum, dig, or mark any portion of museum lands and properties or any properties erected, installed or contained on properties. b) To dump, deposit or leave any refuse, garbage, garbage waste, paper, soil, sod, plants or any other debris type of domestic or industrial waste on or in the Museum or properties contained therein except in receptacles that may be provided for such purpose. c) To bill, maim or in any way molest or disturb any animal, bird or water fowl that is enclosed or to Animals whose habitat is on Museum land or Village properties. d) To lead, carry or otherwise tape any animal upon or into the Museum, Lighthouse or properties other than designated areas. e) To conduct or participate in activities in areas that are designed specifically as historical, horticultural and landscaped sites, passive and sitting areas and facilities for young children. 0 f) To enter a "posted area" that is designated "no admittance" or "no trespassing". g) To contravene any posted rules and regulations relating to the operation of the Museum, Lighthouse or other Municipal properties. h) To conduct oneself in a manner that is detrimental to the safety and enjoyment of others using facilities, Museum, Lighthouse and properties. I3. It shall be an offence forany person or persons to do any of the acts hereinafter specified in this section-sv isn Museum, G&house pro i4 bout receiving prior written permission from the Xecreation Di 'ife creati) Director, Chairman or his designate, Committee is 6reby aAAhorized y ounci to accept applications for and Authority Conduct issue any permits or written permission from the Council. a) To remove from parklanAs or properties any wood, turf, grass and other vegetation, soil, rocks, sand, gravel, dew worms or any form of equipment. b) To lead or bring animals of any nature into a Village facility or property, except as provided in 13(e) of this by-law. c) To conduct public meetings, gatherings, speeches, lectures, carnivals, festivals, large picnics, organized cultural events or other Animals on Properties such events which involve a large number of people. d) To operate or use any apparatus, mechanism device for the amplification of the human voice, music or other sound. e) To cause or create any unnecessary noise or disturbance that contravenes any Noise By-laws of the Village of Port Burwell in Village parkland or properties any time between the hours of 11:00 p.m. and 8:00 a.m. 6 To turn on or tamper with any lighting control boxes for facilitier or any equipment relative to parkland properties unless otherwise authorized. g) To distribute any handbills to post, place or erect any bills, notices, advertising device or matter of any bind or parklands or properties. h) To sell, offer or expose for sale for immediate or future delivery any; i) food, Jr" or refreshment; ii) goods, ware or merchandise; iii) art, skill, service or work. i) To build or use a fire for any Fiurpose without Fires receiving prior written permission from the Dire Department, the Director or the Administrator/Clerk-Treasurer. It shall also be an offence if any person or persons do not completely extinguish said lire when not in attendance. i) To carry or discharge any firearms, fire crackers, rockets, arrow, air guns, k) i) To drive or operate: I . Any vehicle, motorized vehicle or Vehicular motorized snow vehicle on any Village Museum lands or properties unless the said vehicle, motorized vehicle or motorized snow vehicle is licensed for use on public highways in Ontario or unless the vehicle, motorized vehicle or motorized snow vehicle is operated in an area specifically designated for use by that type of vehicle, motorized vehicle or motorized snow vehicle. 2. Any vehicle, motorized vehicle or motorized snow vehicle on public parkland roadways and parking areas operating in excess of 25 kilometres per hour or so as to interfere with or endanger any person in said parklands. 3. Any vehicle, motorized vehicle or motorized snow vehicle within a Village park or in or on any Village parkland or properties except upon roadways, parking areas and other areas intended for public use. ii To drive or operate vehicles such as snowmobiles, mini bikes or any other Recreational. Vehicles motorized recreational vehicles upon any parklands with the exception of areas that are posted and designated for such purposes. iii) `ro park or leave standing: Any vehicle, motorized vehicle or Parking motorized snow vehicle on parkland property other than on areas posted or designated for parking, 8 2. Any vehicle, motorized vehicle or motorized snow vehicle in front of a public building, emergency exits, wal6ay entrances or in any way that will obstruct the normal flow of traffic on a public parr roadway or parking lot. 3. Any vehicle, motorized vehicle or Parking motorized snow vehicle for more than the Limit time specified can an official sign and in any event not for a longer period than three (3) hours between the hours of 12:01 o'clock a.m. and 8:00 o'clock a.m. of the same day. 4. Any vehicle, motorized vehicle or motorized snow vehicle discovered in contravention of this subsection shall he towed away and stored at the owner's expense. 14. The Council and organizations operating under its auspices may apply for and may be granted an annual permit which shall be deemed to cover all of its activities and programmes that may he undertaken in and on parklands and properties and shall he deemed to be written permission under this by-law for its activities where required by the by-law. 15. Every person who contravenes any of the provisions Penalty of this by-law is guilty of an offence and is liable, on summary conviction, to a penalty not exceeding One Thousand Dollars 11,000.00) exclusive of costs for each such offence. 16. All by-laws, parts of by-laws or amendments passed by the Council of the Village of Port Burwell which are inconsistent with the provisions of this by-law are hereby repealed. This bylaw comes into force and effect on the date it receives final approval. t� d Read a first and second time this 23th day of May, 1995. Reeve Adrnini atorJClerZ-Treasurer Read a third andiine this 23th day of May, 1995. r' A istrator/CPerk-Treasurer The Corporation of the Village of Port Burwell Post Office Box 10 21 Pitt Street Port Burwell, Ontario NOJ 1T0 By -Law 96-38 Being a Bylaw to renumber certain By-laws in order to avoid numerical duplication Whereas Section 102 of the Municipal Act RSO 1990 c. MA5 provides that a council may pass by-laws governing the operations of the municipality and Whereas the numerical sequence of certain by-laws have used the same numbers. The Council of the Village of Port Burwell hereby deem it necewary to change the numbering of the following by-laws as follows; BY-LAW 95-44, being a by-law to amend By-I.aw 95-19, being a by- law to provide for the management, control, regulation, maintenance and usage of all facilities, monuments and properties owned or leased by the Village of Port Burwell for Historical Preservation purposes; and a By-law to authorize the carrying on of a Community programme of Historical Preservation within meaning and regulations of the Ministry of Citizenship, Culture and Recreation shall be changed to BY-LAW 95-45. By-law 95-44 being a by-law to establish a Municipal Events Committee reporting to the Council of the. Village of Port Burwellshall remain. Tkis by-law read a first and second time tlfis 13t6 day of August, 1996. CIA► W.�_ i It ..O. David R. ree, ministrator/Clerk-Treasurer Thu by-law react a third time and finally passed this 13tb day of August, 1996. Tom , Davi . Free, Administrator/Clerk-Treasurer K The .Corporation of the Village of Port Burwell Post Office Box lO 21 Pitt Street Port Burwell, Ontario NO) 1TO By -Law 96-38 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 have used the same numbers. The Council of the Village of Port Burwell hereby deems it necessary to change the numbering of the following by-laws as follows; BY-LAW 95-44, being a by-law to amend By-I_aw 95-19, being a by- law to provide for the management, control, regulation, maintenance and usage of all facilities, monuments and properties owned or leased by the Village of Port Burwell for Historical Preservation purposes; and a By-law to authorize the carrying on of a Community programme of Historical Preservation within meaning and regulations of the Ministry of Citizenship, Culture and Recreation shall be changed to BY-LAW 95-45. By-law 95-44 being a by-law to establish a Municipal Events Committee reporting to the Council of the Village of Port Burwell shall remain. This by-law read a first and second time this I3th day of August, 1996. To. eshitt, e R w David R. ree, ministrator/Clerk-Treasurer This by-law read a gird time and finally passed this 13th day of August, 1996. Tom Nes itt, eve Ravi . Free, Admiiiistrator/Clerk-Treasurer 2 The Corporation of the Village of Port Burwell Post Office Box # 10 21 Pitt Street Port Burwell, Ontario By -Law 95-46 Being a By -Law to authorize the Reeve and the Administrator/Clerk-Treasurer to enter into an Agreement with the Department of Fisheries and Oceans for Maintenance Dredging. WHEREAS the Municipal Act RSO 1990 c. M.45 Section 102 provides that every council may pass such by-laws and, make such regulations for the health, safety, morality and welfare of the inhabitants of the municipality in matters not specifically provided for by this Act and for governing the conduct of its members as may he deemed expedient and are not contrary to law. AND WHEREAS the Council of the Corporation of the Village of Port Burwell deems it necessary to enter into an Agreement with the Department of Fisheries and Oceans for Maintenance Dredging. The Council of the Village of Port Burwell hereby directs the Reeve and Administrator/Clerk- Treasurer to enter into an agreement described as Schedule "A" forming a Short Form Contract as presented by the Department of Fisheries and Oceans. Read nd sr ncl te is 12th day of September, 1995. WY ,Reeve i (rY Istrator/Clerk-Treasurer Read a third ime and inal .` p sed this 12th day of September, 1995. Adini strator/Clerk-Treasurer Port Burwell By^-., Laws By -Laws #95-47-95-64 1995 The Corporation of the Village of Port Burwell PO Box 10 21 Pitt Street Port Burwell ON N0J 1TO BY LAW 95-47 Being a by-law to amend Bylaw 95-30 being a bylaw to regulate Harbours and Wharves and the collection of reasonable harbour dues within Village of Port Burwell. WHEREAS section 202 paragraphs 31 through to 38 of the Municipal Act, R.S.01990, c. M.45 as amended gives Council the powers to pass bylaws to regulate Harbours and Wharves and the collection of reasonable Barbour dues within the Municipality, AND WHEREAS Council passed bylaw 95-30 being a bylaw to regulate Harbours and Wharves and the collection of reasonable harbour dues within the municipality, AND WHEREAS Council deems it desirous to amend Schedule "A" of bylaw 95-30; NOW THEREFORE, the Council of the Corporation of the Village of Port Burwell hereby deletes paragraph 4 in its entirety of Schedule "A" of bylaw 95-30. Read a first a econd . e this 2 day of September, 1995. M. istrator%Clerk-Treasurer Redd a final e t 26t day of September, 1995. �3 r. ` Re9r Adm' istrator/Clerk-Treasurer The Corporation of the ViUge of Port Burwell PO Box10 21 Pitt Street Port Burwell ON NO] 1TO BY-LAW 95-48 Being a by-law to amend Bylaw 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 as amended 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 l L to be set by council within Section 5 of the said bylaw, and Whereas Bylaw 94-30 being a By-law to being a bylaw to set the rate of remuneration for the Port Burwell Volunteer Fire Department has been passed. NOW THEREFORE, the Council of the Corporation of the Village of Port Burwell hereby adds paragraph. 4 in its entirety to bylaw 94-30 as follows; 4. All fire fighters who attend not less than a 5 day training sessions on behalf of the municipality, with the approval of the Fire Chief within the context of an approved department budget, or specific enabling resolution by the Council of the Village of Port Burwell shall he entitled to a fixed sum in the amount of $250.00 per weelr of attendance paid in accordance to the financial practices and procedures of the municipality. Read a day of September, 1995. Adn'li trator/Clerk-Treasurer clay of September, 1995. for/Clerk-Treasurer THE CORPORATION OF THE VILLAGE OF PORT BURWELL P.O. Box 10, Port Burwell, Ontario NOJ I TO telephone (519) 874.4343 • fax (519) 874-4948 Memo Date: September 21, 1995 To: Council From: D. Free Re: Bylaw 95-48 Being a by-law to amend Bylaw 94-30 being a bylaw to set the rate of remuneration for the Port Burwell Volunteer Fire Department It has come to my attention that an informal policy existed with respect to paying fire fighters while tatting the week long courses at the Fire College in Gravenhurst, Ontario. We currently have a request from the Fire Chief to pay an amount of $250.00 to Dan Kennedy and Bill Millard. I currently have no authority to pay these amounts. It seems that while formulating bylaw 94-30 and providing the bylaw for input by the Fire Chief, this information was not provided. Assuming that this practice of paying fire fighters is correct I have prepared an enabling amending bylaw 95-48 for Councils consideration. If the bylaw or the practice is not correct or permissible in the opinion of Council then the introducing resolution can be defeated accordingly. Please review the attached resolution and bylaw at your earliest convenience providing final policy direction in this matter. 5Ae Encls. y Tom Nesbitt . Reeve David R. Free. CET, AMCT(A) - Administrator/Clerk-Treasurer Councillors D. Mason, J. Hevenor. G. Loucks. C.Allin -4 r eC4e 17 1-47 ;V.,�O/ 0 49'Al A,4W1VoCP Y /77 c )WR V ACCOUNT ONTRIE of E • The Corporation of tiie Village of Port Burwell PO Box 10 21 Pitt Street Port Burwell ON NOJ 1TO BY LAW 95-49 Being a bylaw to amend Bylaw 95-36 being a by-law to appoint a Chief Building Official and a Plumbing Inspector. WHEREAS Chapter B. 13, s. 3, P. 2, R.S.O. 1990, as amended of the Ontario Building Code requires that the Council of each Municipality shall appoint a Chief Building Official, and; WHEREAS Chapter B. 13, s. 3, p. 2, R.S.O. 1990, as amended of the Ontario Building Code also allows the Council to appoint other inspectors for the enforcement of the Building Code, such as Section 7, Plumbing, and; WHEREAS the Council of the Village of Port Burwell has enacted bylaw 95-36 being a bylaw to appoint Ed Roloson as the Chief Building Official and Plumbing Inspector for the municipality. NOW THEREFORE the Council of the Village of Port Burwell amends bylaw 95-36 to include the paragraphs as follows; 1. Council may appoint as it deems necessary and expedient by resolution, a Temporary Chief Building Official and Plumbing Inspector in consideration of illness, training, vacation or prolonged absence from his or her day today duties of the Chief Building Official and Plumbing Inspector as appointed. 2. Payment, monetary or otherwise for the services of a Temporary Chief Building Official and Plumbing Inspector shall he at a rate confirmed by Council resolution and letter from the individual or corporation for whidC the appointment has been made prior to the engagement of services. 3. The Temporary Chief Building Official and Plumbing Inspector shall fulfil the duties in accordance to the municipal bylaws and provincial legislation holding safe and harmless from liability for his or her actions. 4. Shall report to the Administrator/ Clerk -Treasurer or a specific delegate thereof confirmed by resolution during his or her activities within the Village of Port Burwell. THIS by-law comes into effect on the slate of passing. Read a first a5d second tine this 26th; day of September, 1995. Mr' rator/Clerk-Treasurer Read a third and final time t�is 26th day of September, 1995.. Admin ator/Clerk-Treasurer 2 THE CORPORATION OF THE VILLAGE OF PORT BURWELL R 0. Box 10, Port Burwell, Ontario NQJ I TO telephone (519) 874-4343 • fax (S 19) 874-4948 Memo Date: September 21, 1995 To: Council From: D. Free Re: Temporary Building and Plumbing Inspection Services Council: It has come to my attention that Ed Roloson is planning vacation for October 9, 1995 to October 22, 1995. Our current bylaw does not have provision for coverage considering absence resulting from a number of possibilities ( illness, training, vacation or prolonged absence from his or hers day to clay duties). The attached bylaw permits for the situation and to provide authority to an individual to provide Temporary services in the event of absence. We have also confirmed with Bayham Township to provide temporary services considering the degree of activity we are currently experiencing. Insofar as :bylaw enforcement is concerned it is recommended that the municipality delay responding to bylaw enforcement issues until the Bylaw Enforcement ricer returns from his absence. Most immediate known situations can be delayed, however if this is of concern of Council similar temporary alternatives can be developed. I would request that council consider the attached amending bylaw 95-49 and Resolution 950926- 1 I with respect to the Temporary appointment of Mr. Dwayne Daniel. I await for Councils direction with respect to the preceding and the attached. D. Free Encls. Torn Nesbitt • Reeve David R. Free, CET, AMCT(A) Administrator/Clerk-Treasurer Councillors D, Mason, J. Hevenor, G. Loucks, C. Allin 'lire Corporation of the Village of Port Burwefl PO Box 10 21 Pitt Street Port Burwell ON NOj 1TO By -Law 95-50 Being a by-law Rename certain roads and Streets within the Village of Port Burwell. WHEREAS the Municipal Act, R.S.O 1990, c. M.45, 9.102 provides that every council may pass such by-laws and make such regulations for the health, safety, morality and welfare of the inhabitants of the municipality in matters not specifically provided for by this Act and for governing the conduct of its members as may be deemed expedient and are not contrary to law, and; WHEREAS section 262 (1) further provides that unless otherwise expressly provided, the soil and freehold of every highway is vested in the corporation or corporations of the municipality or municipalities, the council or councils of which for the time being have jurisdiction over it under this or any other Act. NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE VILLAGE OF PORT BURWELL ENACTS AS FOLLOWS: 1. That certain roads and street he renamed in accordance to Schedule "A" attached hereto of this bylaw. 2. That the Clerk is hereby authorized and directed to register this bylaw in the Elgin County Registry Office. 3. The Clerk is hereby required to renumber lots and houses in accordance with the municipal addressing system in order to comply with the requirements of the Municipal 911 service. • f rd This By-law shall come into 0 force and effect upon the final passing thereof. Read a first and second time this 14th day of November, 1995 Read a third time and finally passed on this 14th day of November, 1995 i 2 Schedule "A" Bylaw 95-50 Village of Port Burwell Between Between New Street Name ellington Street Fay Street Chatham Street Libbye Avenue Bridge Street Chatham Street Bridge Street Cowper Street Union Street Waterloo Street Erieus Street Robinson Street Erieus Street Erieus Street Victoria Street Robinson Street Right of Way Wellington Street Mc Cord Lane aterloo Street Addison Steet Chatham Street Burwell Street Prepared by D. R Free 11/bf95 212PM T-1 S �rb..a rr' g PLAN ri l R- WP' BRPSvii 'STREET f/ i � �--' � 14 I � £ A � I r wlei e1 — a L bIC +n' • srr�rgr Fj -- - - -� e . cl .mr`w,.wr.¢uaw ® FI + s 8 1 � II A p L i 1 1F ? • ` ^•. �,4y a t , ;I. CAUTION . a .. �•i ., ...,n.�. T F- .� t„ - I } -Ifi n,ii rr n fie' I-� iY , A[ bill I a + «— y e $ SURVEYOR'S CERTIFICATE 03 d ei ; - r �' # I Nw rF r ki:+CiFWA'! r 5-WET. "'L Fd r wl r i �- r<' m PAR 7I a,. y"oE �_41 —' I_' i; m�� Ti€.A �A _ }fit. CI V1LLkti� f Faf7 n .w�.,w.l..r ,t...r• .. f ^ +a4a 221,;R'W11E'LL ,e, ,., ..x. «i �aaeao r s —ft +� 5 Ii,In A e+•.uwa� we —1 5i e i SLOPEII +n R plc Or 4! e r i - n , 13 ROTES q : S L a 7 3 4U I LOC ---�T{{11il--lillyl ! i �X I r PAST of STPIAFli"ZR[a RL©ew 4• 4�I x _ _ AAST OF DTRA�CHAN . rip! a err .Ier ,.r.. a„« r .N. e..,.• .,wa --o- Qqd { .2 I r�ain� R 6TH of rNO d �4i � ALQ FLAW NO la 'r'FI'W `rt --.. � - • 4 �• T i LOTS 2 AND 3 , PARTS OF LOTS 4 AND 5 , EAST OF ROBINSON . LOTS 3 AAO i , PARTS DF LOTS 2 AND 5 WEST OF ERIEUS E� LOTS 3 AAID 4 , PARTS OF LOTS 2 AND S , EAST OF ERIEUS , LOTS 4 AND S ,PARTS OF LOTS 2, 3 AND 6 WEST OF ST R A CHAN LOT 5 ,PART OF LOT 6, EAST OF STRACHAN, PART OF UNNUMBERED BLOCK EAST OF STRACHAN AND SOUTH OF HAGERMAN COURSES - PART OF UNNUMBERED BLOCK EAST OF STRACHAN AND SOUTH OF PITT, PART$ OF R4BIftStt)I,ERN:US,STRAC"AN AND HAGERMAN STREETS LME NEAA*G OBTAMMJ LINE KARiNG IDISTANCE LINE BEAR BYG 'o1STAAICL. REGISTERED PLAN No. 12 roi•_ - r e ,rr. ,r LOTS S. 6, B,f AND 10. PARTS OF LOTS 1,2,4 „7, 11 AND 15, PART OF SLOPE OF BANK ,PART OF aOROE ST PCET ,9i .I 1 -1 . 1. -'�-.w. t, .I_ —1.1. REGISTERED PLAN NO. 197 PART OF LCT 13 .CONCESSION 1 , MCLIJOIMG PART OF PITT STREET , FOIiMERL► BATHAM TOWNSHIP. Now WILL ABE OF PORT OUR ELL +^' `I •f ter' - rr "' • PART OF ON I GINAL SEO OF LIKE RiE VILLAGE OF PORT O�1 ELL COUNTY OF ELGIN' e _ ;. _ _ ._ 3.i- •. _. err T,F-iE coKpomnot4 OF 1W VILLAGE OF PORT BuRWELL P 0 B,-,)r 10 Pori Burwell. C)nur� NOI ITO celephone. 1,, 19,1874-434) - fax (519)874-4948 Fax Cover Page Date: To: Fax Phone No: Porman Sending, A Pages to Follow: 2 /1-,— j f, (11JUJQ omw pqe) memmalp: 474 TcWn P 0 Ream DmW IL Frac CET AMCRA) Admmon mm X3m*-Tnmmww counemon - Dt 1 immume Q Loam. C. Alffin THE CORPORATION OF THE VILLAGE OF PORT BURWELL PO box 10. Port 9urwell. Onurto NOl I TO telephorw (519) 974-4343 • Fax (519) 874-4948 ho" pig: h"pJhrww•kxnserry [a Iwrweil August 30, 1996 Kira Husted Surveying Ltd. 50 Fax Alley Td6.,nburg ON N4G 3P4 Dear Mr, H usteJ Please ling attached a copy of our Fay -Law 95-M being a say -law to rename certain rra" vit 3n the vifage, I trust that you will find the attached in order and if ytn: rla nalcl have any Eurthcr questions please deal free to call. Yours truly F". V ree, CAI", AMCT rato rl'ClerL -Treasure r Dwd R. Free. CET, AMCT • Ad wnawww/Ckw*-Tronu w 15 -,(w" document General , �,�,,,,". 7.• 9 '7j� (1) sw+►f 2C Lefwr NIJAA9Ea- (3) propwly dwcw prowty CERTIMATE 14) Nalure a1 ecwwwrwf g JAN t9 P 3 ' L By -Law ) " � Ll1Mg gfE7NiTRAA D'AaR s nil Now a,ow?y IdM+11Mrs See attached Schedule "A" Aodr1+ "t le � ero„r (7) Ahww laj qodeerrVW ibl scr»000fof AOOK- " @oGllffweeN Now eaaenlew - A, M`./tfdnaf S40M DncrVoon E O rt,o/ A3"W fol rPft Document %world" as fioNoa►a The renaming of Bridge STreet between Chatham and Bridge Street, Registered Plan 12 is henceforth renamed Cowper Street, Union Street between waterloo and Erieus•Street, Registered Plan 12 is henceforth renamed Robinson Street Erieus Street between Erieus Street and Victoria Street, Registered Plan 12 is henceforth renamed Robinson Street, the "Right of way" between. Wellington Street and the Lake Front, Registered Plan 30 is henceforth renamed McCord Lane, Wellington Street between Fay Street and Chatham Street, Registered Plan 40 is henceforth renamed Libbye Avenue and Waterloo Street between Addison Street and Chatham Street, Registered Plan 40 is henceforth renamed Burwell Street. Conbinusd on Schadufe rllwawes le w4b ~1 rpmb r(s) Tfh Perrylfwo) (so oul Stator of Inwowl, Norrwllsl SgrWsuotsl Otto of Sure r M 0 THE CORPORATION OF THE VILLAGE OF PORT BURWELL flyE Dav' R. Tree j Add inietrator/C ark-Treaeurez I have the authority to bind the corporati-ft Rai 21 Pitt Street, Port Burwell No a al 9 I p..f,5Ij/4s Of IntMovo Dote of Sqnoture Y W D ' W Sanwa "A. ----- tla) Mumcipaf Address of rro"Wo (t{l Gofaafwssfwt /rs�d•ed dy �' Fan are Tax V i 11age of Port Burwell paa+wraw)n Fee 21 Pitt St., Box e10 Port Burwell ON NOS 1T0 Schedule "A". The renaming of 'Wellington Street between Fay Street and Chatham Street to Libbye Street. )0& a 4 0 The renaming of Bridge Street between Chatham Street and ` Bridge Street to Cowper Street. IA9L1*.v /Z The renaming of Union Street between Waterloo Street and ` Erieua Street to Robinson Street. The renakinq of Erieus Street between E 'eus Street and Victoria Street to Robinson Street. 14.0Al / i The "right-of-way" off of Wellington Street between Wellington Street and the Lake Bank to McCord Lane. so The renaming of Waterloo Street between Addison Street and Chatham Street to Burwell Street. ltvlwAl v 0 1 -rhe Corporation of the ` iflag?e of Fort BurwreU PO Sox 10 21 Pitt Street Port BurweeH ON NUJ 1TO By -I awe 95-50 Being a by-laws Rename certain rams and Streets within the Village of Port BurwreH. WHEREAS the Municipal Act, R.S.O 1990, c. M.4.5, s.102 provides that every council may pass such by-6wa and mare such regulations for the health, safety, morality and welfare of the inhahitants of the municipality in matter not specifically provided for by this Act and for governing the ctxnduct of its members as may be deemed expedient and are not contrary to law, and, WHEREAS section 262 (1) further provides that unless otherwise expressly provided, the soil and freehold of every highway is vested in the corporation or corporations of the municipality or municipalities, the council or councils of which for the time being have jurisdiction over it under this or any other Act. NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE VILLAGE OF PORT BURWELL ENACTS AS FOLLOWS: That certain roads and street 6e renamed in accordance to Schedule "A" attached hereto of this bylaw 2. That the Clerlr is hereby authorized and directed to register this bylaws in the Elgin County 'Registry Office. 3. The C.lerls is hereby required to renumber lots and houses in accordance with the munwipal addressing system in order to comply with the requirements of the Municipal 911 service. 11\ This By-laws shall come into full force and effect upon the final passing thereof. Read a first and second. time this 14th clay of Novemher, 1995 mi a rakorl rk- Treasurer R e Bead a third time and finally passed on this 14th day of November, I995 i1 m sst ratorlL Jeri, Inr -r Re 09 1, 6AQO FL FREE. C.E.T-. /lM C f. Trswm v of tM VMM1p d Part &rMA, aarwy tM lmrptrrtA b a tw o" i a 4W po"POa/ItV.'0. a fnw f 1111� Schedule "A„ Bylaw 95-50 Village of Port Burwell Between (Between New Street Nana elhwton Street 4r- Fay Street Chatham Street Libbye Avenue ridge Street Z Chatham Street Bridge Street Cowper Street neon Street ■ Z Waterloo Street Eneus Street Robinson Street news Street y Z Eneus Street Victoria Street Robinson Street pN of Way ,3 Welopoon Street Mc Corr! Lane aterloo Street 'Ia Addison Steel Chatham Street Burwell Street s Private roads, etc., opening upon controlled -access road — s. 97(1) 97. (1) A municipality may pass by-laws prohibiting or regulating the construction or use of any private road, entranceway, gate or other structure of facility as a means of access to a controlled -access road designated under section 95 and may impose penalties for contravention of any such by-law Notice — s. 97(2) (2) The municipality may give notice to the owner of any land requiring the owner to close up any private road, entranceway, gate or other structure or facility constructed or used as a means of access to a control led-apccess road designated under section 95 in contravention of a by-law passed under subsection (1) Service of notice — s. 97(3) (3) Every notice given under subsection (2) shall be in writing and shall be served personally or by registered letter and in the case of service by registered letter shall be deemed to have been received on the second day fallowing the mailing thereof Failure to comply with notice — s. 97(4) (4) Where the person to whom notice is given under subsection (2) fails to comply with the notice within thirty days after its receipt, the municipality may by resolution direct any officer, employee or agent of the municipality to enter upon the land of such person and do or cause to be done whatever is necessary to close up the private road, entranceway, gate or other structure or facility as required by the nonce. R.S,O. 1980, c 421, s 98(1-4) Offence — s. 97(5k (5) Every person who fails to comply with a notice given undersubsectlon (2) as guilty of an offence and on conviction is liable to a fine of not less than S50 and not more than $500 for a first offence and to a fine of not less than $200 and not more than S2,000 for any subsequent offence R.S.0 1990, c 421, s 98(5), 1999, c 72, s 94, part Compensation -- S. 97(4) (6) Where a notice given under subsection (2) has been complied with, the municipality shall make due compensation to the owew of the land if the private road, entranceway, gate or other structure or facility c0016ructed or used as a means of access to a controlled -access road designagd ltWff ow-tion 95 was constructed or used, as the case may be, (a) before the day on which the by-law designating the road as a controlled -access rep C4n*" Low ■cot Me 19" road became effective, or (b) in compliance with a 'by-law passeciunder subsection (1), in which case the making of compensation is subject to any provisions of such by-law Procedure -- s. 97(7) (7) Every claim for such compensation shall be determined in accordance with subsections 14(2) to (5), which subsections apply with necessary modifican onsR S 0 1980, c 421, s 99(6,7) 10, Ie! Carwa. LawacmA rK It" .,Appendix A Bylaw 95-50 Village of Port 'Burwell Between Between New Street Name on Street Fay Street Chatham Street BurweN Street edge Street Chatham Street Badge Street Cowper Street noon Street Waterloo Street Eneus Street Robinson Street rieus Street Eneus Street VKlona Street Robinson Street Chi of Way Wellington Street Mc Cord Lane aterioo Street Addison Sleet Chatham Street Mahlon Street ftMO ) by 0 R F nr t 0M 2AI6 t' 22 AIA THE CORPO"TION OF TI, VILLAGE OF PORT BURWELL P. O7 Box 10, Port Burwell, Ontario N01 I TO retephone (519) 1174-4343 - fix (519) 874-4%0 Memo TO: Counci From: D. Free Re: By-LAw 95-50 - A by-law to re -name certain roads and streets Tate: Nommber 9, 1995 I have identified to Council various points with regards to the necessity of renaming certain roads within the Village of Port Burwell for the sabre of 911. Although the local Fire Department may bow how to access certain residents within the municipality, this does not preclude the fact that txiiice cir arnhulance services may nut have the same advantage. Discrete and unique road names must he developed in carder to ensure access and safety for everyone in the municipality. This endeavour is part of the 911 effort that is currently underway at the County level. To this end, I have attached the proposed by -lawn to rename certain roads and streets within the nrmunicipahty. Acre will he little to no effect and in fact there would be less con"ion. There may lie some costs with regards to renumbering the houses, of which under the municipal addressing system staff will develop a new nurrmhering system and if necessary provide within the budget to purchase numhers for those residences. I rrequesi that Council review this information and prcnade their final and formal direr-tion by virtue of the resolution and by-law. Tom Nestx" - Reevv David R Free. CET, AMCT(A) - Administrator 1'Cerk-Trelsurer Councilk" - Q Mason, J Hevenor. G Loucks. C Min 7 The Corporation of the Viflage of Port Burwell Pit Box 10 21 1'itt Street Port Burwell CAN NO] 1TO Br -Law 95-51 Being a by-law to amend By-l.sw 93-16, being a h"y- law to constitute and appoint a Committee of Ad ust ment for the Corporation of the Village of fort Burwell. Whereas the Planning Act, RSO 1990, P. 13 suction 44 prcnides as follows; 1f a municipality has passedr a by -lain under suction 34 or a prsdfaressor of such section, the council of the municipality may by by-law constitute and appoint a committee of' adRiusimeni for the municipality composed of such parsons, not fewer than tyre.+, as tyx council considers advisable And Whereas it is Deemed expedient to by the Councd of the Village of fart Burwell to constitute and appoint a Committee of Adjustment. Now, therefore, tLe Council of the Corporation of the Village of Port Burwell repeals and amends sections of Bylaw 93-16 as follows: Section 1 of Bylaw 93-16 is hereby repealed in its entirety and replaced as fol ows; l .0 The C ominittee of Adjustment for the Corporation of the Village of Port Burwell is hereby constitute-d and the following persons are hereby appointed as its members for the term ending can the date shown for respec-tive members, or until their successors are appointed by bylaw. A) A16.n Spicer to koM office until January 1, 1997 h) Ld Epple to hold ,4ffxv until January 1, 1997 0 George AUen iv hold office until January 1, 1997' Al Section 2A) is added in its entirety as fall( ; 2,0 if a quorum cannot he established by the Committee as apix,inted because of iJJness, wild conflicts, conflict of interest or other valicl reasons not listed, Council shAll sp"cally appoint 6y resolution for the tern of tone meeting, two or more mernhers of Council as may 6e required tip perform the chitin of the Committee In accordance to provinciaJ legislation. Bead a first and second tirne this loth lacy + f October, 1 W5 've - A nmi strator/dery Treasurer Read a third time and finally passed (in this loath day of octo6r, l9y5 x 2 Village of Part Burwell Post Office Box # 10 21 Pitt Street Port Burwell, Ontario NOJ 1TO Resolution 951010 -12 October 10, 199 MOVED BY: SECONDED BY: Whereas the Planning Act, RSO 1990, c. P.13, s.", as amended provides for the estabiis6ment Of a Committee of Adjustment, and; Whereas Council enacted Bylaw 93-16 being a 6y-6w to corurtitute an% appoint a Committee of Adjustment for the Corporation of the Village of Port Burwell, and; Whereas Council further amended Bylaw 93-1 h VIA bylaw 95-51, ank Thereas woe" wActs 6w arisen with respect to Committee Members George Allen and Allan Spicer. ` 4)w therefore 11c Council of the Village of Port Burwell 6ere6y appoints Councillors S1 M 46 VCWVR- and !�i i IS ZgA4LOO - to the Committee o4 Adjustment for the 00o6or 17, 1995 meeting only to hear and render a decision with respect to Application Al/95. UNANIMOUSLY: FAX FRom: HARBOUR LIGHTS ti TO: VU,Sgc oT frm art Burwell - Ats Dos wxs..� X RE ACWNDA,JUNE 1s la TIME: DATE Qb /02 95 PAGES I HARBOUR LIGHTS PAX * si,9874-1079 a.. +�.... pboss 874-4S THE COMMPi ME OF ADJUSTMENT WOULI? LLKE TO /ADDRM COUNCIL cx)Nr Alt N© �'PR� r�Ci OMB HEARING WH10i DM AMON BY THE NOT ACCEPT THE FARLOW"Sg U- MBNT6. OUR. CONCBRN 13 iM UWLVJTY OF THE IMLt• LXjeb IT WM v0FtM TO ZOF"NO 140 Bun.DrN(3 COMM e ppa Ono AMnMdN i _A • y f\4 f m) Ministry of Citizenship - Seniors Month {File #2035) Received and riled. i 5. Delegations Allan Spicer & George Allan (File i George Allan expressed concern &nJ disdain as a private citizen with regard• to the newly erected fence adjacent to the Breen property located at 34 Fitt Street. Mrs. Breen spoire of her concern with regard to right of access to her property considering her families special needs.. Reeve Neshitt expressed his appologizes for the Breen's situation but stated that Council could not 6e involved in this matter. 6, Committee Reports a) 1-ire Department Fire Chief Tom Millard and Deputy Dire Chief yarn Taylor expressed concern with regard to the 1995 hudget having inadequate operating funds to fix the 1975 fire truck. 'Other concerns were expressed with regard# to other budget items and categories with respect to the 1995 operating and capital budget. Reeve Neshitt requested clarification of the matter from the Adininistrator%Clerla-Treasurer however, wa# informed that he was not prepared to discuss the matter considering heir of mformatiOn and significant 4iscrepancies in chro events leading up to the concerns of the Fire Chief and Deputy F :tt Reeve NeJntt =p=m=J that a new or used truclr may 6e required considering that the 1975 truJr may neat be repairable. lie also iil entiW that the re"ireiatmyts of the fire department may neat attainable within the limited t o h" sow" to the m miopahty otherwise a significant tax increase would 6e re9dwa V "i amna could not support. Reeve Nrslaitt suggested that a JVIlaudget mvier off lie required. dFr-- eK, 9 - 217� /4 ZLI VTR ► Pdwe CYY.00t ^.-0 Cc L4 J C, o"a✓ 14�210 oozr 2 z .q pt o� Q y� 4 .p ; ; tl Al ZZ U .4 a Q I,_a 'fig=�,R•'�E' PH, A I 'a ��,•. Pata ! a gig A � � �� �, $� Ila to it I 11211st -1! .+go �isg7v V '5 z .. s .. � - 1■ `' 0 �� -figg � 111 ■ t �. } -,2 NIP Y .� m �. � a 9 ts) a SIC 15 g � Q 0 ta BTA 111118MMINO A DYNAMIC GROUP Afher IsagabWaS with a rnnall atartt or dedicated n omben the Port 1wwnell Business aatd Tourist Assadmice is Irv-Ing In acttre penlcips■at Tor members auettded a ttve4y Pebruary mcetlag. T%m were Alenry or itiess lot Impro in the busine" nimble and atiraclisig vial1tortidiscussed. I'lowe is Owoy roots for more re- tafkn and Indaais intetraied In ins Ploving the Allaile as a plloe to line and shop 11011IT1CUL,TU1RAL SMlHT'T B R$ATHINNO NEW LIP$ 11 appears lkit►1 isping in be a good ycst kor the kxai Nar1 Society. Real denu should support Its efforts With more aclive members more and fowler besuiltkslksn ptojecu can be unider• taken Ewa if you noel activ member- ship Is awe possible support rota ktxsl %odely by pirrdood" a awcrnbenhip, IM 18 OUR YSARI Out vWuntatr groups, ow C:oundl and Admibtraticoat arc costtinulal Initi• stiwes this year whkh 0Dvid well assri The twriairtg point In 'the return of Port Burwell as an important commercial acntre Port CiLoxgow too the mega Duck funding, we have local Initlstivef ill TICULTUAA L 60CIVY 'fBi1 'IM ETA on Fob I th#I b1prifild 9Qas1d be Wd it f,Ifrftfl '�1Brtratr� and hlartR. 1lri4 we WU an the last 'I111111alt Wilk) of dw meolorlit at 7 pm 1tlaefte war plessed to announce is OWN, Idlest OW improved Vies 1i neW Io snowbirds return a dItrS we is #did No 1M ON is /r• arilll rw tilts 19I14 PW Ill Iliad MUL ON funds to ahead ttt� lion prtc� 6t7A1 MM b dcwnlowa now" IM linumb I ships awl Masi" to r, ris Xi sold an No Meanbe-rakiro can be purchiseW from Shinty Manton At the kvW of 200 paid membershipp the local � b allg,Ibit for a rl.5w rant tart local mpead'iturm of 1AW Succtass Is Falk" Turned kFwairla OLO NO KRAL. PR(OIfl118111 ON 7M CHLRICO PORTABLES AJf l o qh Der "eit Mario CbItloo vat with Council for an boat co Jan. wry :11st, ilhexs rraa ao • al• lowing the ixseLpietion Babb the tltitets pottabltrs as cottages on Iiw east beads Ths main polar of contention appears to be the tequkreatent for an eagixrr. IaS report on a Kemp pumping stem Uleo ooatends that ilootes 1s not entwegb proflt potential to warrant on- git asarlmtg otyats The Impow btt.octn the Village and The developer gct+ar back over two years Dearing the pm ante of obtaining a temporary use permit Mr. C lsirko j�lamd the three portables on the east 6eaa �. prior to the formal parsing of the tempos use by-kaw sad this can, dusioe of a slue plan agreement. Since that time the dewelopet and the Village have bece unable to reach an apee- asset oc the site Pisa, particularly the lariaj for a sor"ge pump Mr. Cblrko pointed out an ex lemion on the temporary use by-law will be required won Admin Igor sug- gested that Municipal Affain frown,; on the hwe or temporary we by-laws, Is particular attmivrs It appears Ike am loom mayyw ssgmirc a sorting lunge which estaft =0 gold possible dclsys. Fwftw !1 Ike Issue is the coer"1 l SI" e Development which lanes t land tree open to Irwclusian In tine Waterfront die vsk4amea t Free Indicate that without a site plash s8reematsl, the iemporary use by -low suet not be applied and the portables which were pliecsed on the projetet, prier to Its "floe would have to he re moved tier, of a�'�projaUt, it appears r illIcatNorts ki v tourism issues, Is In w weir a bust vftg YILLAOR INlIf1111,ANCf3 0000 NBwII f BAD I111$M1 mob" rtw it, the 9S mats are up 3SIL Mess ,erred newt Is- 07.4siar is iopftwed iodudl tial well, sipiet r sod Mtto++r�lh o1a tad iwoist r iwd 7A • a 1 % lecre sen- lblr I is EJ& County an 7I % lalirease. Revve N It cram meted, `WA are getting good waloc The Village of Pori 8 arvvcfl bloolu m tat sweear anverage will resat flti,M 15 this year The d Aval7ble in 12.5M- fort Burrs# is i d8 yetis W 0*1 "air, Iirttt atartrsyrecl in t II o. RCHOM BUONO ch 16 •ro tMort to save dofri d,�)Snty School "td fd ellamiroaling bm wevlae for In within the At Hial a del tiosr of Charlham Stu led Kathkeen Sicele pit boa .vi th a poit lon cones issues lot the mmety tht who are bind dally acres to heel Btrm*ll PS 7 points out mmeraI imam. IN Lana, 111c hack of NOsw►alla Aare houses or alternate rc reocnt meeting In Aylmer the busing proposal Site that their corsmysts were lw ably. Tlwe board spokes also lntereated in Sttaokli that natsisieS the trould not adId to Coals. S might he ways to two iiiisiait the wvetal drh tits gt saitg to pick cap high school studcni to the ,petitioners. Port Ba cif posted a resolution ott h support of continuing sent vice for children oe the tort Ing the safety Issues Invobn smoother reset I ng schcd u lied Y1HOR VAAIAy Reap ndisg to a request fir a Mirror Vhrlsnoe ,gram the and Their Breen Reewe prewed regret that the g"itied by the Committee ment had been appealed tc Nesbitt indicated suppor Breens, but Imdicatad the CA Adjustment and the OMB thorttk o In Minor Varlanoat Nesbitt boped the appeal i anct granted for a sacxxwd Iion would be heard at an er Councillor Loucks wisher (amity well, noting that it hoe new teaidents Loucks MrA f:rwa is the only Isech in the %iliate. Mrs. not Grade 1/2 at Port Bar waii P Cats 7aawary 241b Could fortatok to dvcd with a duma of Uracratind►sg belch Ourd and ©OF aveasral Ilom In the barbowr. apedlla lion to the esAptio«fweel fig sts rwr liability for baaWwg ml irttrwad out with the trSlsgr¢ Im Burumell will he reaspckM" opciatio• sad malowsaa m I llghu tit ieh the coal ON stall TM aat" w sera agre•iesal is Its By-(n• 95-a the IAgta. hildreti Hw- Hoa evw a rt resid nts tinted the, ping safety, t he bridge: :lading db I he heels of tics. At a cortixrtafn c told srd favour- tertA• ON oostttata*m fa- a vim ha there by ppeaeoning Aylmer to according well Coun- teary 31. in A bus ace. tot skis, c11- l. There is his month, air support ad to Vesbitt oa- varlamce of Adjust - [be OMR. for the nmittee of re the be - the Vari. nor •"I- data. Tiros" r Zuni to Ided that Lin Midi: lead ss ENT we Cowl opera to rek 13se baste lips on 'ct Pon for the j is oI thtr will is - laic tine vin•dic•tive vin•dic-tive (vIn-dTIk'tiv) ad)ective t.. Disposed to seek revenge, revengeful 2. Marked by or resufting from a desire to hurt, spiteful [From Latin vrndida, vengeance, from vindex. v*74k surety. avenge( See v+r4o"TE j — vin•dic'tive-ly advwb — vin•dic'tive•ness noun Synonyms: 41doWe, vengeful, revenge! These adjednees mean desiring or proceeding from a desire for re V'irxbcfrve suggests gratuitous or unmotivated rancor and a disposition to retaliate for wrongs, real or imagined "He sesrc+rad to take a wive pile"wv In pLOshinp fhe Meat shortaon*Vs" (Mark Twain) 'Like many roan whose self -love is wounded he fell vkx#cftv"(DaoW MeredAh) V'e►geftd and revwWhd ir"the impulse to nAid or the infliction of suffering or punishment as retribution for evil or an injury Wv vengeful massacre of Toulbn' (Joseph Conrad) "I had a keen, revengeful sense of the osu► ' (Nathaniel Hawthorne) The American Herrlageg Did+onary of the English Language, T?wd Edition eopynght G 1992 by Houghton Mifflin Company Electronic version licensed from InfoSoft International, Inc AM rights reserved r Establishment of committee of adjustment -- s. 44(l) 44. (1) If a municipality has passed a by-law undersection 34 or a predecessor of such section, the council of the municipality may by by-law constitute and appoint a committee of adjustment for the municipality composed of such persons, not fewer than three. as the council considers advisable Copy of by-law to Minister — s. 44(2) (2) Where a by-law is pit wd under subsection (1), a certified copy of the by-law shall be sent to the Minister by registered mail by the clerk of the municipality within thirty days of the passing thereof Terry of office -- S. 4443) (t) The members of the committee who are not members of a municipal council shall hold office for the term of the council that appointed them and the members of the committee who are members of a municipal council shall be appointed annuall} Idern -- s. 44(4) (4) Members of the committee shall hold are eligible for reappointment, and, where expiration of his or her term, the council l unexpired portion of the terra Quorum — s. 44(5) office until their successors are appointed, and a member ceases to be a member before the shall appoint another eligible person for the (5) Where a committee is composed of three members, two members constitute a quorum, and where a committee is composed of more than three members, three members constitute a quorum Vacancy not to impair powers — s. 44(6) (h) Subject to subsection (5), a vacancy in the membership or the absence or inability of a member to act does not impair the powers of the committee or of the remaining members Chair -- it. 44(7)- (7) 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 to act as acting chair Secretary -treasiuirer, employees -- s. "S) i0 cake. u&*r ii" aw 1906 (8) The committee shall appoint a secretary -treasurer. who may be a member of the committee, and may engage such employees and consultants as is considered expedient, within the limits of the money appropriated for the purpose Reenuncration -- s, 44(9) (9) The members of the committee shall be paid such compensation as the council may provide Filing of documents, etc. -- s. 4400) (10) The secretary -treasurer shall keep on file minutes and records of all applications and the decisions thereon and of all other official business of the committee, ancsection 74 o the Municipal Act applies with necessary modifications to such documents Rules of procedure -- s. 44(11) (1 1) In addition to complying with the requirements of this Act, the committee sh> comply with such rules of procedure as are prescribed 1983.c Ls 43 Powers of committee; general -- s. 45(1) g W Cand LOWS*" lea IS" ffltrA # 10 THE C©RPORAT>N OF TV* VILLAGE OF PORT BURWELL ' P 0 BOX Piz. Peat Burwell, Ont]rso NOj I TO telephone [519) 874-4343 • fax (S 19) 874-4948 Melmo Date: October 2, 1995 To: {Council and Committee of Adjustments From: D. Free Re: Committee of Adjustment 8y6w 93-16 Council: it seems that there are questions of process dyeing challenged in the instance of Application A1/95 (Breen application for Minor Variance) which have been raised by the Farlcwn (previously the appellants in an OMB hearing regarding application A4/94). Although the details in this particular instance are unusual, the issue and potential for revctcation/complicating a sincere and valid application is an issue which must 60 addressed within the existing hyl&.. Therefore with the input of the municipal solicitor and consultation with the legislation and regulations, Bylaw 93-16 has been amended as presented. At the same time the appointment of the existing committees has peen extended. Further to thin matter we have "wnnlhh commitments" with Mr. George A:llin and Allan Spicer which renders the cornmittee without a quorum. ` kereforc it is necessary to execute Section 2.0 of the - emending 6ylaiw immediately with a proposed resolution as attached. Please review the attached at your earliest convenience providing your final direction to this matter. David ) - ret- F-ncls. Tarn Nesbnt - Reeve David R Free, CIET AMCT(A) - AdmtnfstratorlCWt-Treasurer Cowictlkxrs U. Mason, ) Hem. G Loucks. C ANtn fi Corporation of Lam! Y 1Iag! OL port Butrwell PO BOX 10 21 Pitt Street Part Bell ON NOJ ITO By -Lawn 45-52 Being a ley -law to permit the sale of surplus prcTeTty under t6 ownership of the Corparation of the Village of Port Burwell. WHEREAS, tine Municipal Art, RBC! 199ff, s. 193 p.'2 rertziser t6t omry Council witty authority tt) sell or othrwisedispveof real property small by by-law establish procedures governing the sale .If real property; and IMU eas the municipality has passed Bylaw 45-20 prescribing procedures governing the sale of real property, and,, W%wem dare Cmincil of the Village of Poet Burwg deems it expedient to sell surplus property 6mown as Part 3, of Register Plain 11 R-5136 in the Village of Port Burwell, County of Elgin. to Pembina Exploratiorns Limited for the purpose of commerciaVindustnal development. Now, therefore, the Council of the corporation of the village cif Port Burwell hereby directs the AArn inistrator/Clerle -Treasurer to corrnmence sale proceedings of Part 3 of Regist" Plan 1IR- 5p1 in t6 Village 4 Pert Burwell, County of Elgin forrning Schedule "B" of this bylaw, antlunut u tesulm accepting the offer of '$16o,000 in ac wjaswe t,, the Letter of Offer f,'Mu ng Schedule "A" of t6 bylaw born Pembina Exploration limited subject to final review by the municipal solicitors and c,msernt by resolutiran of the Council. I R*AJ a 6tirt anJ wcond time this IOth day of octo6r, 1995 Read a third time and finally paired on thin 1 Chip day of Qc'toher, 1995 --. 13 1 L W%.&a Vii L,6(-E mo Pets ►JuLw�t�1 TvkphnMf90Sy $14-4J90 Pon (491'y 6]4-411l7 October 10, 1 M Village of Port Burwell P d Box 10 Port Burweft, Onteno NOJ i TO Dear Sits .A. 9 y- S 7 Thank you for rneetinq with Mr Lou Goulet and myself on October 6th AS Indicated dw ii syl uui diswssion Pembina offor3 to purchase the Lando described at parts nrA, two and awoo. Plan i t R-S 13e for $150,000, to be paid in three installments i he Fast installment of $75,000 to to paid on closing date of November 1 Sth, 1006. The second insiallmanf of SW 000 to be paid on June 1 st, 1996 and the final installment of $35,000 to be pad on rune 1 St 1 "7 This oftf is conditional on confirmation that said Iands prii free of anCumbranCv* and liens, requivliori,3 to be submittod five days pfW to closing PernDina obtained an m4apwurlant appral:ii of the levels and we believe our aflar reflects fair market Value Pembina is anxious to conriude the purWasx of the lands rand begin Constriction of perr"~t focilltles to sarvice our aive bosit operations. Pembina's offer vA remain in effe+d unta October 1 Btfi We k)dt forward to sr i vo IV response to our offer to purchase D. DoruMon Marayer, Ontano W6:Cp Fie - Port Oka v Nl Dad( i Harbour Corrrsporl,dence 09M ©tSK OC - MYMIDN Faxed 19W14-iO, 51"74-41ill48, 11010W*0 byy M&I to �atiie •.'zi awl tr-•i_ti, 4 a I oo0#r SCHEDULE -B- . ' BYL_AW 95-52 VILLAGE Or r PORT "WELL ma 1 t f r war eLwr +�r .� ■iu.siee iFry •r. � fi�irf IS#•MRi _,., � A e ioiiWL[ _ - �► - - -- mx�w Soo a MEN* + ir/ SrWr moomp Ir fpL)v �+ n-- ■r ur *wr +r. irnefr+ I • Ad � • r see rer �k 4 1! I eerie i ' f ro k ,. >w+. R+. � ►erg 1'ar PLAN Of SuRvEr � 0071 CONCESSION 1 ~ ma PART W i THE ACC*ETED LAND ``y �. 1ft r'@ONT Or L13r SS a c[7NCEtatr� I 1 a ot.w :r rmmi<r ■Owl or ovoow NOW VILLAGE f'Q Of T K*VELL. toAktrt W CLCM L7 t ML 1 Ma uK Tm L►L swam Lahti ■Lawarms 3OW � er � .� ti • i rn. r �.r arAa T 3 xr ,/1 �wr i% IL LAW iE'A4 i .. .W."P �k .Vln OFFER TO PURCHASE AGREEMENT OF PURCHASE AND SALE Pembina Reseftr088 Usit0d I .............. ...... ...... Mrlp VOPKM On 116"11, !go 1ho evDiumi 11D 111W The Corporation of the Villaq.is..pf Port Burwell . . . . . . ................. .......... ............ ............................. 1111M 0 1111111ft t 140-11 RRr 00 ca+alwsw ON Wqd 11PIPAW so WWII, go .... West........ d10 0 ... ....... M ov ....... Village ...... I ...... 0.1—ftrt-sm"11 ....... ou"M Now on 910001V know" 441 ......... WOMAW OF ab . ........... ... ... - Part of Laft.11,..Conc. 141HOWNIUMS and part of the accreted land in IND" Part 3, Plan IIR-5136 front of Lot 11 Conc. 1, designated as PAO-- 01 *0 L-W ftPWV U- County Of BygilM ne Hqnfted Sixty Thousand--,= ---------- na (&160,000.04 o ow onm o, wm r vvmDviI@ID Pow'l of 0 DID Its" one Irf.000 - 0 4 Apo~ MW " 60 O'N~ emo w coWnd Cho** 0 00 INIM talMV4"dw on Ipa aiw r a doWAM Da be hW Wk 11 wdkrq cw� v .00 WOMAV d ftobl P"" " m0. &,W avowwo 01 a, W400"10 give and the vendor agrees to take back a first mortgage on this property in the, principal amount of Eighty Five Thousand Dollars ($85,000-00) with -no interest and maturing June 1, 1997. Payments on account of principal will be paid as follows: the sum of $50, 000.00 on June 1, 1996; and the sum of $35,000.00 on June 1, 1997 The mortgage provides that Should Pembina Resources Limited sell, transfer or in any way dispose of this property, then the balance then owing shall become due and payable, at the option of the mortgagee. The purchaser agrees to pay the balance due on closing, in cash or by certified cheque, subject to adjustments. 5 T I &W two WSPNOCIPM 8 &:!pW r 0 5 T appoM SW bw W� IdMW 11) WO 0"D *a is two N W18800M 10 PAW" U 5 7 W YONOW a r-01 coqu-111 to Q~ wug.m MWNWft "060my to Vo V—da, do yWdW'l Vw4w's sakow 4 W11111111 'WW4W 0 "Oftoft .1. :"a"$I OWN 00 1-- : ID P'" OF to" doom W 10111 verlilkv 9 T 2" ft'""Wo, =Z 0. is 'NO 004LOW DID 0~ Of Mm" ow a a T w* OvIll Pr on at NM d-14 if IPM WWI"~ 43 5 T 90 V1 MA&&q ow ow owes~ 10 *A apoh,,DW he Wd ID — 1101" 6L I *Aftft� P''p clam puraftew I 1, 0, PV~ W PYNAMW's 9060M MOD MOMO ID T 11MM "I= KIN I KIMP-11- ki 11mr" " wmw W", " I'."W! ""0" n/a 'W I,* wft.. d-etmm — kvw- at IND "I"Aw '"" 06 , 0,0 amm arm ro � sb— 0-It-104 n/a I- orw ova to wrofmIlow " OWN purdtilliff ,g 5: DOPhl anew 22RA 1j t it "Is November , 995ow~ swlr it f%W on. ~ be MIN wo W060 WWI so dopow mn~ a to pumoommee W~ VANNIF "W " W'Vnw. am WOW ow am ow mww 1W DOOM go FVAYVMD tv vivIm a owd and "M 0101 10 0 DID, O.M nowwo. Wd on pum"000 mo 1* co ow on wodh-ftm d " 1129 do", W we P apaiD vad 1000 10 10 080III`ISD11 t`10 00 D"'ODOW 40 00 1" WROW DO OF OW 9001110, a" pow-fto to Now ft" been ow Ig not go P-0— In oweaDwp If me fam ran pan OR *maw a 100010� - �W s- w --a— aid —40602 IPIII ivpl= %400 to vwwoq WAkov VW Smog w4m- ow Wo WW pwvh� W . a...d un do,* fore clQfi1nq__ dw so 0011108"Un" 611100" qP10111 IND Qff go 01011 %wodsh 08, 1 DIM Iola 'W.='4hWM 40M L OF 80 WO PRE11" 00 g' P no on 606 ftr 0111k at sm ~ INDI V 20= 60 webw 4W wow" (A am opeop"Olo MMOF _$ W, be fto 04d WW — d"111111 am" son E.Le-=80, W= mW *� Ir INEIRMW amr "ON *spoon IND odds ___ a" doom" -ft- 0§504 go raw" T�. WWII.0"Pebw go X, *bow" w an PwNow 4101100 11110 "ONI'MRS MID"W" he ammomw an 10 1 5 t h dog Dgc*nber, pnow% 0 0 to vww W ow PWPGPMW '04M oftwoome res"M aw ww. "own Urdl bontptwian of *WON hOdnomand wLikomilan ft shMbeand rwak sift rlitkolft Voift wA &W V* Vendw wd hold al at Wwww" aftclad on to P, wid Ow p c � tomd In Vm =kwpwgn w 0 Vw* kdwwm mW appear. In dw= d dw ap to red:= "ww equip = b9m ft eft wwww6m. " Nodtiiiniiic " haw to MUM le ~ in UM amh pwnaYl nrtd , ftpumchtmo,ar, ewe AgreenroKo-tweLva " to Pwdwm bo W~ ftm 10 to Mkim. wwMA kd or dp&an mom. d "wiop ilmsk"@ Plild an com:wA of Q* pur I I - Unow-w "M wowwm mmmmm. ,rm. ww", krlareee, rIN and 90 b=W livVirmemorft mid wwW nMw to be prapwepwd and enlaced ID Ow daft cO ccm i wMim of*". Trervollw0tied ID be prepared lobe pn%Mred of the eu>pwste cd " purdtiiiiiiw an s mm 000wod" 10 ow vwdffw saftaw. The T wolwMeed job* gkvn to" Prechter Van co"bld, aesenswa w 5CM4dftP%ww&VAct. TNO AWwmwd ow bo or cilw to ease w L so to to rW po " ty or#f 11 t1la appacabrt WW cl inkm pic%Wa althe l --ig Ad weami WM, old &A Vendoreg�. w hb or tw expo w, to m to wO ap mh aMa aid ho proond d0gardly *far To - I kw wxih w Wft PIA VwKW, wl or tolo covipthoft , wG p : - veftirift Fw he cF she Ito rwt row, and upw aonwslrton wO to to, a -nwn•raddanr� for 11* gurpoteo of Socftn 11 d ft admire Tw Ad d Canada or it tia or " is a 'lnon+wdw+l pwow " wo k* caw" wAlh go 0, 110 of ft am Ad prW 10 cco kpiBliew . The Afto" c4 Raoldwrn and of Vaka of tha Ccookiwaft wm* LrKW ft Land TrwW& Tax AO " be prag by Vw Pw0ioiioiiw. K ft Spmof tte Vendor hu not exemmd ra Agreemm, the Vorl(W sp Soo and wwTwft ttw " coinphplb at P* tpwmcitla wd mw ayvwww Sw provinimm d to Fwnly Law Act This Oftw. 1►wA occ4pled by the Vendw, shid conoLVAM @ bkvdhg onromw of psrreAaae and age, and Om In 0 mepsew shM he at W4 oeowme of thft Apmowmiwd- I im agreed Vat tt,e to no rooms toe bm, ww mi i4y. waaelral OW" 0 cw om*ftn *Muctli 0* AgrwnwR OF 010 Prop" Or ehpponed twnby O&W ran w *Xprewod twok 0 wmti. Any WWW of 0owm4nts or rngrhoy hersundor may be rrwda upon V* VwKk)o or Purch"w or upon ft Sodciltr acme br Ow p" an hw4w I@ deekW, and R shmA be kAcWM tlwt a nogaUmble 0~ OhMa bo hpK* 1 1- 1 of **ph Each p" to pey the o wa of gtatraelm and w= on him or hiw own docLwnwft Tft 08w and ft somarim in be omw wo so rlhai 9 Cd corKliv of Aumbw requhliod by ft conUM, 1. t:5 ,, L m ...... Port Colbo .... .................. tjm� ....... ................ aw mi ........ November., .... 19 95 IN WffWW WHEFE-OF I too hGooft 09 aw ft" ad wiL 4MM. SEALED AND WOW= P al URGES LIMITED ban pinniftPe e 01: UR(: . .......... om ...... lo, wkr*w Lou Goulet, e-PresidenS of Operations .............. ........... ......... ........ 11,10110111011w I have authority to bind the Corporation The WWWWWad, Iwweby wc"ft ft fibo" O"w and ft "MIL OW Wonaft pnMba ad epiiM W 00 90 SW 8bM4wwmd Pwditimiii b d* awry tat Nthfaston ffw wm wmft sW com abovementioned, wid Pomby w"ft ft dWw* of I.... ))Lil ................. out d whleh the AgW b hwqby &Ah~ b fewn mm w*060 co pw o" of an oftKum bquW to Yw PumhY PAm on @ppftWft &&T.: MMM lho no cm m was on shM bo pa, w"" ww LMO fta tta,t bm 0 calf~ TINto w4omwad qMM EO ow Vanddr hwow *Ml"ta 10 WN iiiwe at lj* Pram! 04 GPM a ob 61 on = @Jac ewroo *Pft our , I r -w appkabb) DATED to � t . ............ *a_ 2 -71 F1 ...... a* me ... -November ......... is.9.5. W WITNESS WHEREOF i how Ma wwft M Of WN ON 09AL S03NED, SEALED AND in I* piaewat THE CORPORAT 1 0 OF THI OF POJR��T Z Per: ==-S=P ng*p of a s" oopy of ma aocWw AgreeffwK of (V-llctori , , "......".,"..,Eat ................... Aw.................... (Vondw) Addrew ......... ............ ...................... ........... 0 T4"phm* 04a .................................................... volliftift 811111ft .. - . - . - - I... . .................................... — ............... %%oft 16".Wlil� ........... L ...... VILLAGE .*Do* firMl Oman I lm-uaa " = =r- I of a Sowd CWy of 11" MODOPW Agrmwrww rg " '' . .... L ................ ......... A31ft ......... ...... I... ............................... Oft .................... P"1161"I" I, ^ W ................................................... ............. ............ I .... ... I ......... I ...... — I ....... The Corporation of the Village of Port Burwefl PO Box 10 21 Pitt Street Port Burwell ON NQJ 1TO By -Law 95-53 Being a by-law to authorize an Application to he made to the Minister of Municipal Affairs to initiate procedures under the Municipal Boundary Negotiations Act. WHEREAS the Corporation of the Village of Port Burwell is desirous of annexing certain lands from the Township of Bayham. NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE VILLAGE OF PORT BURWELL ENACTS AS FOLLOWS; That the Minister of Municipal Affairs is hereby requested to initiate the procedures provided for under the Municipal Boundary Negotiations Act, with respect to the annexation of certain lands by the Corporation of the Village of Port Burwell from the Corporation of the Township of Bayham and any other matters pertaining thereto. 2. That the Clerk is hereby authorized and directed to forward a copy of this By-law and any related correspondence to the Minister of Municipal Affairs. This By-law shall come into full force and effect upon the final passing thereof. Read a first and second time this loth day of October, 1995 Read a tkirtl time aratl fiiially pa;: ecl oti this ioth day of October, 1995 AarnKstratorl lerk-Treasure r 1 Reeve f The Corporation of the M age of Port Burwell P4 Box 10 21 Pitt Street Port Burwell ON NO) 1TO By -Law 95-54 Being a by-law to authorize execution of an Easement Agreement between property owners and the municipality for the purpose of drainage works. WHEREAS the Municipal Act, RSO, 1990 c. M45, s 102 as amended gives powers to every council to pass such by-laws and make such regulations for the health, safety, morality and welfare of the inhabitants of the municipality in matters not specifically provided for by this Act and for governing the conduct of its members as may be deemed expedient and are not contrary to law, and; Whereas Corporation of the Village of Port Burwell is desirous of having a drainage maintenance easement adjacent to Parts 1 and 2 of Registered Plan 11 R-375B, Village of Port Burwell hereinafter described as Parts 4 and 5 of Register Plan 11 R-6029, Village of Port Burwell. Now Therefore the Council of the Corporation of the Village of Port Burwell hereby directs the Reeve and the Administrator/Clerk-Treasurer to prepare and execute the easement agreements forming Schedule "A" of this bylaw in favour of the municipality with the current and future property owners of Parts 4 and 5 of Registered Plan 11R-6029, Village of Port Burwell. Read a first and second time this 10th day of Octoher, 1995 Read a third time and hinafly passed on this loth day of Octoher, 1995 Fa 519-433-7909 SCOTT &MgNTZ—S I PPEL 143 PO OCT 05 ' 95 10: 37 Scott, Frantz -Sipe & Brander 1AW Fnim '.54PLUMau s"Ksuile101 I,mdm, Omario N6A 5F6 Tel (319) 433-3310 Pkx (319) 433- M9 FAX COVER SHEET 'Cate. October 8, 1995 PLEASE DELIVER THE FOLLOWING DOCUMENTS TO: COMPANY: The Corporation of the Village of Port Burwell ATTENTION: David R. Free FROM: Joan D. P. Krantz -Sipped COMMENTS: Re. Storm sewer easement from Estate of Marion Wilson and from Elgin -Aylmer Development & Holding Ltd. (Mario Chirico) Please be advised that the status of thaw easements is as follows. The lawyer for the Estate of Marion Wilson has advised that the executrix is willing to execute the requested easement agreement, and execution copies were forwarded by courier. With respect to Mr. Chirico, his lawyer advised me on October 4th that the easement has been executed by Mr. Chirico and will be returned to me shortly. You will recall that there is a mortgage on Mr. Chiricds company's property, which is in favour of Canada Trust. 1 have sent various correspondence to Canada Trust and they have today advised me verbally that they are willing to consent to the easement. Execution copies of the required agreement have been forwarded to Canada Trost. I expect to be in receipt of signed documents next week, and will keep you advised. THIS COMNUN"TION IS PAMLEGED AND CONFIDENTIAL. FOR THE ATTENTION OF THE INDIVIDUAL TO WHOM IT IS ADDRkUSED ONLY. IF YOU WAVE RECEIVED TH13 COMMUMCATION IN FIIROA KEASE NOTIFY US IA WDIATELY BY TELEPMfONE, AND RETURN THE ORIGINAL 6Y AWL. We are transmitting a pages (including oover page) to fax number 1-519-8744848 By Fax only X Hard Cagy to follow If all pages are not reaelved, please call us at the above number. 73r [i; b law Von one • f r "'f y _• 3 ' ,� a .. a., I r. . �, � i qb IV 3P h '.� _,a -- BAR YC 50UYH- OF ; _ ° s t : 4 tIL- a� 5-TREET' AND CAS?tole ,� • ,.� - 41 40 _y t 1, 40, i i 41 ' � - � - r- s �14A Ell i C4 A %, I." • .. .� .• -y.% r �I' � � •�• 4i'If � +� Tit y ji' ,•• : !' � r ..rr � yn�'`' y�p�r r � 8 • 1 VOW, a) ari qw &,E r FLAN OF 5WWrY OF PART OF LOT it OOiCESSM 1 GEflGNAPW H91MYWO$' OF BAMAW IIPOW W ndLr W i" OF PORT BU#OVEz L PART Of C HATHM STRUT RRGISTEM PLAN 12 r MMOFWU Y OF PC VKJ AGE OF PORT wIFLL COI MTT OF ELGIN IME - 1 t+.h - ao Mat 101 HUS7M SUR4CVW LID. low TNI"V atii. aw+• K fw.l[n K* #1.[ 'Irt +[utnr- .� rc• +f, t+�.*.se _-w1[ S TMo CMG aU�'1tM► ..' k kti ,wM wia ss�w AMlalt� ro " wClerl uor OF r %Wmm s u saw oh+ 7i//'fMltaP RFM 1R-)Tw ""W • 8140 t: OF " sa--!4 i11 ears+ra ru pl rr MR 4 THE CORPORATION OF THE VILLAGE OF PORT BUR'W'ELL P. O. Box 10, Port Burwell. Ontario NO) I TO telephone (519) 874-4343 • fax (519) 874-4948 Memo Date: October 6, 1995 To: Council From: D. Free Re: Maintenance Easement Parts 4 and 5 of Registered Plan 11 R-6029, Village of Port Burwell Council: This memo in conjunction with the Addison Street Construction project and the acquisition of lands at the intersection of County Roads #39 and 42, In order to continue the clean up effort of the municipality and improve the infrastructure the drainage ditch at the rear of the Bridge Street properties is being reconfigured in order to improve drainage in the ,general area (inclusive of the Addison Street area). Small sections of privately owned lands may he affected in the event that maintenance or repair works are necessary in the future. Therefore I directed our land solicitor to acquire an easement which would permit access and works as required in they future. This is standard practice in most of Ontario (although nothing is standard In Port Burwell) and therefore will assist future Council, administrations and public works operations. Please review the attached proving your direction in this matter. David R. Free 1 Torn Nesbitt + Reeve David R. Free, CEO AMCT(A) • Administrator/Cleric-Treasurer ouncillors D. Mason, J. Hevenor, G. Loucks. C. Akin The Corporation of the Viflag►e of Port Burwell Pik Box 10 21 Pitt Street Port Burwell ON NO] 1TO By-Uw 95-56 Being a by-law for the joint operation of works, systems and services specifically Garbage disposal and the charging of user fees thereof. WHEREAS the Municipal Act RS© 1990, c. M.45, s. 207, p. 5, as amended permits for the establishment of joint operation of works, systems and services, and forentering into agreements with one or more municipalities to provide for the joint management and operation of water systems, sewage systems, works for the disposal, interception or ;purification of sewage, garbage collection and disposal systems, hydro -electric systems, transportation systems, road systems, fire departments, police departments, or other municipal utility, systems or services, and for the establishment of joint boards of management thereof, and; Whereas the Council of the Village of Port Burwell has entered into an agreement with Green Lane Environmental Services enacted by Bylaw 94-15 for garbage collection, recycling and disposal services inclusive of the use of a privately owned Waste Disposal Transfer Station, and; Whereas the Council of the Village 9f Port Burwell is desirous to charge user fees in accordance to the use of the Transfer station facility located in Bayham Township and shared by the Village of Vienna, Township of Bayham and the Village of Port Burwell. Now therefore the council of the corporation of the Village of Port Burwell ratifies a user fee system to he administrated by the Village of Vienna, Township of Bayham and Village of Port Burwell with each municipality jointly collecting fees for credit on a shared basis in accordance to Schedule "A" forming part of this bylaw. s Read a drat and second time t6 loth day of Octoher, 1995 Read a third time and finafly passed on this 10th day of October, 1995 Schedule „A" By -Law 95-56 Shingles, Plaster & Non-recyclahle Binding Materials Washers, Dryers, Fridges, Stoves & Hot Water Tanks Chesterfields & Sofas Boxaprings & Mattresses Upholstered Chairs Television Set - any size Household Bags of Garbage $20.00 per cubic yard $5.00 each $ 10.00 each $5.00 each $5.00 each $5.00 each $1.00 per hag F] The Corporation of the Village of Port Burwell PO Box 10 21 Pitt Street Port Burwell ON NOJ 1TO By -Law 95-57 Being a by-law to permit the encroachment of a building located at 19 Pitt Street, Village of Port Burwell. WHEREAS the Corporation of the Village of Port Burwell has been made aware of the encroachment of a building located at 19 Pitt Street, described as Lot 16 and Part of Lot 17, West of Erieus Street, Registered Plan 12, Village of Port Burwell, County of Elgin on lands under the owneralup and jurisdiction of the municipality, and, Whereas the Municipal Act, RSO 1990, s. 210, p. 107, as amenjed provides for allowing any person owning or occupying any huilding or other erection that by inadvertence has been wholly or partially erected upon any highway to maintain and use such erection thereon and for fixing such annual fee or charge as the council considers reasonable for such owner or occupant to pay for such privilege, and; Whereas section 210 p. 107 further provides that such fee or charge forms a charge upon the land used in connection therewith and is payable and payment of it may be enforced in like manner as taxes are payable and the payment of them may be enforced, but notlung herein affects or limits the liability of the municipality for all damages sustained by any person by reason of such erection upon a highway. NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE VILLAGE OF PORT BURWELL ENACTS AS FOLLOWS: That the said encroachment be ;granted with a one time fee in the amount of $250.00 due and payable upon the passing of this bylaw. 2. That the Reeve and the Mnninistrator/Clerk-Treasurer are hereby directed to execute the Agreement between Margaretha Wolf and the Corporation of the Village of Port Burwell which Agreement is attached hereto as Schedule "A" and forms part of this bylaw including the legal survey attached hereto as Schedule "B" of this bylaw. This By-law shall erne into full force and effect upon the final passing thereof. Read a first and secorid time this 24th day of Octoher, 1995 Read a third time and finally passed on this 24th day of Qctolser, 1995 d istrator/CClerk-Treasurer ,Reeve s 2 THIS AGREEMENT made in triplicate, this 24th clay of October, 1995 BETWEEN: THE CORPORATION OF THE VILLAGE OF PORT BURWELL Hereinafter called the CORPORATION of the FIRST PART and MARGARETHA WOLFE Hereinafter called the LICENSEES of the SECOND PART WHEREAS the Licensees are the registered owners of certain lands and premises in the Village of Port Burwell, in the County of Elgin and Province of Ontario, more particularly described in Schedule "A" annexed hereto and forming part of this agreement. AND WHEREAS the Licensees have applied to The Corporation of the Village of Port Burwell for permission to continue the encroachments of: The building and concrete foundation along the most south westerly section of the existing structure hereinafter called the encroachments, for the life of the structures only, to he used in conjunction with the adjoining lands and premises municipally known as 19 Pitt Street, Village of Port_Burwell. The encroachments are more particularly described in Schedule "B" hereto (and shown on the Plan of Survey dated October 5, 1995 prepared by Kira Husted Surveying Ltd.) appended to this Agreement. NOW WITNESSETH THAT: 1. The Corporation permits the Licensees to occupy and use the public highway for the purpose Of the encroachments, for a maximum terra equal to the life of the encroaching structure. 2. The Licensees covenant and agree to maintain the said encroachments in good repair at all times and to the satisfaction of the Corporation's Building Commissioner and Commissioner of Works. 3. The Licensees further covenant and agree to pay to the Corporation any additional municipal realty taxes or other rates and charges, if any, levied or unposed on or in respect of the said portion of the public highway encroached upon or over by the said encroachments. 4. The Licensees further covenant and agree to assume the responsibility and to pay for any additional costs or charges which the Corporation, Regional Cable Systems, Amtelecom Group Incorporated, Ontario Hydro or ;Natural Resource Gas Limited may incur in the future installation or relocation of their services or utility plants by reason of such encroachments and the payment of such sots may he enforced in the same manner as realty taxes payable in respect of the lands owned 6y the Licensees hereinhefore recited which adjoins the said encroachments. It is further understood and agreed by and between the parties hereto that if the said portion of the public highway encroached upon is required by the Corporation for its purposes, the Licensees shall remove the said encroachments and restore the said public highway to the condition of the surrounding area at its own expense on sixty (fit}) clays written notice from the Corporation so to do; provided that if the Licensees fail to remove the said encroachments and restore as aforesaid, the Corporation may enter upon the said lands and premises of the Licensees and remove the said encroachments and restore the lands encroached upon and the expense of such removal and restoration shall be paid by the Licensees forthwith on demand, or at the option of theCorporation the payment of such expense may he enforced in the same manner provided in paragraph 4 of this agreement. 6. It is further understocxl and agreed by and between the parties hereto that if the Corporation at any time exercises its power or right to terminate this agreement or demand the removal of the encroachments or revoke the permission granted herein, the Corporation shall not he Kahle to pay any compensation for any loss, costs or damages which may he incurred by the Licensees or any person claiming under the Licensees by reason of such termination, demand or revocation.: 7. The Licensees further covenant anti agree to indemnify and save harmless the Corporation from and against all loss, costs or damages which it may suffer or be put to and from and against all claims or actions which may be made or brought against the Corporation by reason of the said encroachments, its construction, existence„ repair or maintenance or resulting therefrom in any way whatsoever. S. The Licensees further covenant and agree to provide and maintain public liability and property damage insurance in a form (containing endorsements naming the Corporation as an additional named insured and prtrAding a cross -liability clause) in the amount of two million dollars (r2,tx3[l',fl[X}.(X]) and satlsfacto" to the Village Solicitor and a certified copy of the said insurance policy shall be filed with the Clerk of the Corporation- 7 F" y 9. It is further understood and agreed by and between the parties hereto that by the execution of these presents, the Licensees do hereby expressly and completely release the corporation form any and all liabilities, suits, claims and demands (whether for property damnage or for personal injury or death and whether founded in tort, contract or quasi -contract) which at any time might he exerted by the Licensees arising out of the existence of the encroachments in the public highway(s) or out of any act or omission of the Corporation. 10. It is further understood and agreed by and between the parties hereto that if the Licensees sell the said lands described in Schedule"A" hereto annexed, the Licensees shall give notice to the Corporation of such sale within ten (10) days of the completion thereof. 11. It is further understood and agreed by and between the parties hereto that all notices, demands and requests which may he or are required to be given under the provisions of this agreement by either party to the other herein, shall he in writing any may he mailed or delivered and shall he addressed in the case of the Licensee to the Licensee, Margaretha Wolfe at 19 Pitt Street, and in the case of the Corporation to the Village Administrator/Clerk- Treasurer, Village of Port Burwell, Post Office ;Box #10, Port Burwell, Ontario, NO) 1TQ, or to such other address as either party may from time to time designate by written notice to the other party. 12. It is further understood and agreed by and between the parties hereto that notwithstanding anything hereinhefore or hereinafter contained and further notwithstanding the execution of this agreement, this agreement shall not go into force or have any effect unless and until it has been registered by and at the expense of the Licensee in the Registry Office a true copy thereof hearing registration particulars has been delivered to the said Administrator/Clerlr- Treasurer of the Corporation. 13. It is further understood and agreed between the parties hereto that this agreement shall be binding upon and enure to the benefit of the parties hereto and their respective heirs, personal representatives, successors and permitted assigns, it being acknowledged that in the event of the Licensees selling, conveying, transferring or entering into an agreement for sale or of transfer of any title to or interest in part or in all of the Schedule "A" lands to a. purchaser or transferee not approved of in writing by the Corporation (which approval may he arbitrarily refused by the Corporation in its sole and uncontrolled discretion), the Corporation may forthwith terminate this agreement or demand the immediate removal of the encroachments or forthwith revoke the permission granted for the encroachments, and may enter upon the Schedule"A" lands in whole or in part and remove the said encroachments and restore the lands encroached upon and the expense of such removal and restoration shall be paid by the Licensees or by such unapproved purchaser or transferee forthwith on demand or, at the Corporation's option, the payment of such expense may he enforced in the same manner as realty taxes payable in respect of the Schedule "A" lands; 91 and the Corporation shall not be liable to pay any compensation for any loss, costs or damages which may be incurred by the Licensees or by such unapproved purchaser or transferee by reason of such termination, demand, revocation, entry, removal, or restoration. Provided however, that notwithstanding the foregoing, the permission to encroach and this agreement shall be assignable to and assumable by a bona fide mortgagee or chargee of the Schedule "A" lands. THE PARTIES HERM have executed and delivered this agreement as of the day and year first hereinbefore written. THE CORPORATION OF THE VILLAGE OF PORT BU WELL -7.44 1 A inistrator/Clerk-"treasurer LICENSEE 7 Margaretha Wolfe 4 h w LOT la - - IMS RUMOR 10V 2473M iL c N aa'x'W w (R, a M) 0 K � LOT 17 n i * - % zLOT -18 aN:,RTR6T2Nr 299160 N 6a36'-w w (Sm w to LOT ua Q , � K GAu Y FRPRAI�' K ZF LOT 16 SURVEYOR'S REAL PROPERTY REPORT PLAN DF LOT 16 AND PART OF LOT 17 WEST OF ERIEUS STREET REGISTERED PLAN No. 12 VILLAGE OF PORT BURWELL COUNTY OF ELGIN SCALE — 1 INCH = 2D FEET SMITHS 'd # 'F 7 IMPERIAL,,STANCES SHOWN ON 1I1,5 PLAN ARE IN IMPERIAL UNITI AND CAN +.E CONVERTED TO METRES BY MULTIPLYING NY 0.30NI KIM HUSTED SURVEYING LTD. 19995 1, REPORT SUMMARY(TO BE READ IN CONJUNCTION MTH PLAN OF WRVEYl REGISTERED EASEMENTS AND/DR WONT-,-OF-WAY NONE REOSTERED ON TITLE COMPLIANCE WITH MUNICIPAL OFFICIAL PLANS AND 2ONNO BY-LAWS: NOT CERTRIED BY TIES REPORT ADDITOLIMAL REMARKS PROPERTY DESCRIPTION - ALL OF LOT 16 AND PART OF LOT 17 „EST OF ERi€US STREET REaSTERCD PLAN N..12 - DwELLNG ENCROACHES ONTO PITT STREET BY 1 7' SUBJECT PROPERTY AREA - 16167 SOURRE FEET AREA OF SUBJECT PROPERTY COWERED BY HOUSE MND SHEDS + 1677 SQUARE FEET y I ! COVERAGE 10 S W INSTRUMENT 3T3666 TKS SURVEYOR'S REAL PROPERTY REPORT HAS BEEN PREPARED FOR PETER WOLF }-- AND THE UNDERSIGNED ACCEPTS NO RESPONS381UTY t/} FOR USE BY OTHERS 5 SURVEYOR'S CERTIFICATE N 8856`w w f CEPTIFY THAT THE nEL.O SURVEY REPRESENTED BY THIS PLAN AMC DO [P7 i M) REPORT WAS COMPLETED ON THE A th DAY OF OCTOBER. 1"5 N6 • D4TFO 1461 S. NL75TED ts.l ON TAWD LAND SURVEYOR Y THUS REPORT CAN BE UPDATED BY KRA HUSTEB SURVEYING LTD. MARKET HOW V R NO ADDITIONAL PRINTS OF INS O N OIll AL LOT is SQUARE 8 REPORT HALL BE ISgAm SuBSETIUENT TO THE DATE 5 0 U) '.n $SINUS- a.t:.nrc 0 Q� W.fXR Rdi pyMpalgw 33,W (PT ! M) 99.06' (PA a M) ,�-c N aaS6'30" w y I F2-RL ATi' REAmm) ,PUTT SNT1 BEET (66' AIDE ACCORDING TO 11EDIST)IO6 PLAN Na, 12) W s n OF (i7tTi1CAMIN NOTES i� (1) - BEAWNas ARE ASTROPq C AND ARE REFERRED TO THE NOR7mM LIMIT OF PITT STREET AS SHOWN ON PLAN OF SURVEY BY - s J F. WESTON O-L-s- DATED JUNE S. 1979 HAVING A BEARING OF y v N ON' SO' WW LEGEND J - ■ DENOTES SURVEY MONAWNT FOLRIO '.... 'RSPB N.OG (PA R M) _� SURVEY DENOTESM[RR1MEt/T SET Is HqI DENOTES sTANOARD MOON BAR AN fWtiNAL COPY 1 %.00• (PI M M) '.1 � ' � `4v IB DENOTES IRON IUIR tatm RIB DENOTES RMND IRON BAR EmpaLsm qTH (MT). DENOTES MTNESS.SL.• '2'1 OENOTES J F WESTON O L S ►SSOCLATION OF U(TAND LAD SUS +tea. £+ WM' ,'— Ia26132 -4�& NO RAP R -OF vALD L�L1F R 6 a IRS f1RR01K q'AI'T 'YRI[➢ h M 9/M'AR :Su) DENOTES SOURCE UNOOM 'A1) DENOTES PLAN OF SURVEY BY 0 WESTON O.L.S. DA .AWE 6- 1979 (M) DENOTES MEASURED Q OWYm VAT >Im KNY NUS= nawvm Lm THE REPRODUCTION. ALTERATION. OR USE OF TNS REPORT IN 04OU OR IN PART MTNOUT THE MITTEN P€R#ISSION OF . RUSTED SURVEYING LTD. IS 51 TLY PROMOTED FAA THE CORPORATION OF THE VILLAGE OF PORT B►URWELL P. O. Box 10. Port Burwell. Ontario NQJ I TO telephone (519) 874-4343 • fax (519) 874-4948 s Fax Cover Page Date: Lr4 '2 1, 9 To: —( )Cf�cica / Organization: Fax Phone No: C � L I D Person Sending: t,�11tac& Pages to Fallow:_ (including cover page) M essage: r Signed: s__.✓t� i� G c Tom Nesbitt • Reeve David R. Free, CET, AMCT(A) Administrator/Clerk-Treasurer Councillors D. Mason. f Hevenor, G. Loucks, C Alhn SENT BY:MIKti- 3 DON ;10-10-95 ; 5:04PM ; DOYLE & PRENDERGAST- 8744948;0 2 DOYLE 6 PRENDERGAS T WRISTERS & SCXtCrTM MCMAPl 'DOVil. •.A u.8 DON40 a ►AikOGAOAV, s i LL e October 10, 1995 VIA tl1][t 87I-4948 Village of Port Burwell P.O. box 10 Port Burwell, Ontario NOJ 1TO Dear Sir or Madame: TELIlPMONE 773.3106 5D SY0414MAM $TRW EAST AMLMEA OMTARC N614 I L2 FAX NO. (319) ?Wi?n OUR RILE NO R 14481-95 REs WOLF, Peter 6 Agatha p/f WoLP, Margaretha, Lot L6, and Part of Lot 17, hest of Rrieus Street, Anietered Plan Ho. lg, Village of port Burwell, County of Elgin. We are solicitors acting on behalf of Margaretha Wolf, who is conveying Loot 16 and Part of List 17, West of Erieus Street,f Plan 12, Port Burwell, to her son, peter, and his wife, Agatha. we are •nclosinq a copy of the survey shoaling that the residence encroaches 1.7 feet onto Pitt Street. We are now enclosing, in triplicate, an Encroachment Agreement for the Village to execute if in order. Our closing date for this transaction is at hand so please let us know as soon as possible. Yours DOYLR P=R: V1 sncls. MIqUiZL DOYLE SENT BY:MIKE 4 DON :10-10-95 5:04PM ; DOYLE & PRENDERGAST- 8744948;8 3 =6 14ti3 MMUT made the day of , 1995. The Corporation of the Village of Pftmt *r"011 hereinafter called tM Y� ume 0 VArgaretha .Wol f hereinafter called Hole WMZRAS 1. The Village is the owner in fee simple of a street called Pitt street in the Village, 2. The second party, Wolf, is the owner in fee simple of Lot 16 and Part Lot 17, West of Erieus street, according to Plan 12; 3. The said property encroaches over the street as per the attached survey by Kim Husted, dated October 5, 1995; 4. The Village has agreed the encroachment over the street may continue as set out in this Agreement. 1. The Village shall allow the encroachments as shown on the said survey to continue so long as the house continues in its present location, subject to the Village's right to require the removal of the encroachment if such is necessary orconvenient for any municipal purpose. SIGHED, SEALED AND DELIVERED in the presence of ) ........ } Xargaretha Wolf The Corporation of the Village of Port Burwell Per!■!!i!!!!!+!�!!!!!!!!•i!• SENT ®Y'NIKE i DON :10-14-15 : 5'65DM : DOYLE i PRENDERGAST- 8744948:1 5 X�l 17 My rmumm l s10dat N amw w MARKET SQUAF?? E # a S� ",Do. (PI ! M) HLOW (PI a M) A SURVEYOR'S REAL PROPERTY REPORT PLAN IF LOT 16 AND PART OF LOT 17 WEST OF ERIEUS STREET REGISTERED PLAN No. 12 VILLAGE OF PORT BURWELL COUNTY OF ELGI N SCALE — I INCH - 20 FEET IMPERIAL KCONVDR0 MWETRe3 NY MULTIPLYING IfR0.30" AND CAP KIM RUSTED SURVEYING LTD. 1995 REPORT SUIti MARYcm BF mrAa w CCINJUNtTIaM wlTw PI AN nc Cwry) REG43TS O eASUCII*s ANO/OR MGHTS-OF-wA+ NONE REOISTEREU Uw lilt! COWPUA.4Ct NTH MUNICIPAL WICIAL PLANS AND ZONING BY -LA". NOT CIERTIM SY 71,413 REPORT ADOiT1OMAL REMARKS• PROPERTY DESCRIPTION - ALL OF LOT 16 AND PART OF LOT 17 14CST Of C1IILius STREET REG13T€ = PLAN Nu f t Dw-LLu1C EmcRoAcks OMTU foi n STRLL 10T 1.7' 3U"CT PROPCIITY MICA w 141147 SGUARC FEET AREA OF S1191.Frt PRAPFRTV CCARRET! BY 4WSE AND IWO% . 1477 {GUAR[ t'CET LJ OOvtxAGe - +b X THIS SURVEYOR'S WAL PROMTY REPORT HAS ■ED4 PREPARED FOR I^ AM lK UWDERSICNFD ACCEPTS NO RE*FONSMIUTY to FOR UN BY OrdM SURVEYOR'S CERTIFICATE I CEPTIrl THAT THE FIELD StOWY REPRESENTFD BT T► % PI AN ANn Ln REPORT WAS CUMPUILU ON l"t A T OAT OF OCTOBER. 1925 LLI FV49 Q^ DA rM s1 w f W ON AM' LAND SUR''TT-OR ANINATM OF WTANO LA181 sJr&,Ym A1AY f♦�M row 1O28132 WL"L9M.fts Iwt= rT 13 &A fnrmuo ow.wuL eerr rwlm NY " swrwiw . -* r .0 � rI111P w Tics REPORT CAN K UPDATED 9Y IdM HUSH SURW MC LTD. NOMgMFIi NO ADO(TIONAL PLANTS OF THS O ONAL REPORT MU, K 15= aAIEOUEIVIT TO THIS DATE OF CIERVICATN]M NOTES (1) KAMN05 ARC A37RONOMC MO ARE RE7ERRED TO TIME Nest L, imLRN wT OF PITT STREET AS Si1QM�Tr i� ON PLAN OF sBY J F. wFSTak n I A nATffl .1 mg c 1979 WAV%4 A *LAIM$ OF N if' bf' 30' NI LEMD i DENOTES SURVEY MONUMENT FOMn 'I^ rl KNOT" it1RVSY MONUMENT If' '7WS IS MpF EIB OE3IOTE9 STANDARO IRON BAR (AN Ok►OOK COPYOC710TL5 IRON BAA Lgam RIB DENOTES ROUND IRON TSAR w*tW" WWI ("T) nENr1TEs wTNEss V't. ([Ptj DElIO1E3 PLAN OF SURVEY Rr I F ttreTrw n L S DATR uwE i, 1979 wy KNOTES M[ABLIKD { OWMMIT 1880 M MUSTCD S11RA—MG LTD, TW AMODUCTEOM, ALTERATION. OR VX Of TNI3 WORT IN PHOL[ OR w PART ►NNOUT THE WMTTEN PEIU/TSwUm U► KIM MUSTER] SURVE"O LTD. is STRICTLY PRONWIn KiM HUSTED SUR1VFYING LTD. ON TARIO BLAND SURVEYOR e0 F& A11V. ?LLOWSLOC. DFITAAIO, N40 3P4 PHOli: 31sj-842-J63i FAIL 316-480-25U PROJECT; 95-3720 REFFRE NNE: F.F.6 � �sK �.. rpa 5j11T BY:MIKE 1 DON ;10-10-95 : $:05PO ; DOYLE • PRENDERMU—t 4744048:8 4 LL1 � x z LOT 18 LOT is 9NS1*MElIT .2S/160 INSTRUMENT 247356 id -; N ai w3w w N tilt-30- W (SET} Wit' Z: s.00' (PI • M) Q z ,4 M � Ito � L O J � LIST 17' U. s - -- MAIN _.�a...`. - N 5 j NAPA LOT 18 „OM RL ,� 4 33.0W (PI • M) LA Wow (Pi 4M) �-� N U3t'36" W I (rr<rrftWff etAMWG) PJTT STF?EFT W MIOE ACC TO MCCISTEMM PLAN Nt 12) THE CORPORATION OF THE VILLAGE OF PORT BUR'WELL P. a. Box 10, Port Burwell. Ontario NOJ ITO telephone (519) 874-4343 • fax (S 19) 874-4948 Memo To: Council From: D. Free Re: Encroachment By -Law 95-57 Date: October 191, 1995 Please find attached By -Law 95-57, being a by-law to grant the encroachment of a building located at 19 Pitt Street, Village of Port Burwell. Encroachment agreements are not unusual item for municipalities, as during the early clays there were a number of buildings which were inappropriately Ludt. This is not to say that we should not recover coasts associated with this matter, as they are using municipal property for their building. In essence the Municipal Act provides for renting of the property. I have formulated the by-law in such a manner that there can be an annual fee, or the by-law can be amended to provide for a one-time fee only. I am also aware that Council is considering no charges at all, and although this matter has carried on for a number of years, it is the property owners of the past that have enjoyed a rent-free stay on municipal property. In this day of shrmlzing dollars and user fee systems, I would advise Council to charge a fee accordingly of no less than $5W.00 as a one-time fee or $100.00 per year in accordance to the by-law which is before you. I await Councils decision in this matter. ree Torn Nesbitt • Reeve David R. Free, CET, AMCT(A) AdministratorlClerk-Treasurer Councillors D. Mason. J. Hevenor. G. Loucks. C. Allin DOYLE & PR€NDERGAST BARRISTERS 8 SOLICITORS YICHAEL DOYLE. SA LL $ DONAL D J PRENDERGAST 6 A Li B a October 13, 1995 Village of Port Burwell P.O. BOX 10 Port Burwell, Ontario NOJ 1TQ ATTENTION: Ed Roloson TELEPHONE 7733105 Ip SYDENHAM STREET EAST AYLMER, ONTARIO N511 t L2 FAX No. (512) 7WI728 OUR FILE NO R 1.4481-95 RE: ENCROACHMENT AGREEMENT in regards to WOLF, Peter & Agatha Purchase From WOLF, Margaretha, 19 Pitt Street, Part Burwell. Pursuant to our previous fax, we are now enclosing a copy of the Agreement regarding the encroachment at 19 Pitt Street. You will note that we have removed the reference to the requisition- ing removal of the building. C.M.H.C. has advised us that for them to lend money on this residence the Agreement must provide that the encroachment may continue so long as the house continues in its present location. If this Agreement is not satisfactory to the Village, please 91dvise. We understand that you will direct a meeting on October 24, 1995. Yours trul DOYLE GAST PER: MICHAEL DOYLE vl Encl. THIS AGREEMENT made the day of , 1995. BETWEEN: The Corporation of the Village of Port Burrell hereinafter called the village and Margaretha wolf hereinafter called Wolf 1. The Village is the owner in fee simple of a street called Pitt Street in the Village; 2. The second party, Wolf, is the owner in fee simple of Lot 16 and Part Lot 17, West of Erieus Street, according to Plan 12; 3. The said property encroaches over the street as per the attached survey by Kim Husted, dated October 5, 1995; 4. The Village has agreed the encroachment over the street may continue as set out in this Agreement. WITNES S ETH : 1. The Village shall allow the encroachments as shown on the said survey to continue so long as the house continues in its present location. SIGNED, SEALED AND DELIVERED in the presence of j .,...,..................... Nargaretha Wolf } The Corporation of the Village of Port Burwell 1 THIS AGREEMENT made the day of , 1995. BETWEEN: The Corporation of the Village of Port Burwell hereinafter called the village and Margaretha Wolf hereinafter called Wolf 1. The Village is the owner in fee simple of a street called Pitt Street in the Village; 2. The second party, wolf, is the owner in fee simple of Lot 16 and Part Lot 17, West of Erieus Street, according to Plan 12; 3. The said p�erty encroaches over the street as per the attached survey by Kim Husted, dated October 5, 1995; � p�- 5 Vil a ethe _encroachment .orth,street my t in._refent . rf S" A- 1. OThe Village shall allow the encroachee as shown on the �+ said survey to continue so long as the house continues in its present location. D, SEALED AND DELIVERED?ONE j I` in the presence of �IL L I� Margaret -ha wolf The Corporation of the Village of Port gUZWjj Per . . ............. w ....... . The Corporation of the Village of Part Burwell Post Office Box # 10 21 Pitt Street Port Burwell, Ontario By -Law 95-58 Being a by-law to amend By -Law 95-03, being a by- law prescribing a tariff of fees for the processing of applications made in respect of planning matters. WHEREAS the Planning Act, RSO 1990 c. P. 13 s. 69 enables the Council of the Village of Port Burwell to prescribe a tariff of fees for the processing of applications mane in respect of planning matters; AND WHEREAS Section 68 of the Planning Act restricts the tariff to meet only the anticipated cost to the full the processing of each type of application provided for in the tariff; AND WHEREAS the Council of the Village of Port Burwell has enacted Bylaw 95-03 being a by- law prescribing a tariff of fees for the processing of applications made in respect of planning matters. NOW THEREFORE, the Council of the "Village of Port Burwell amends Section 1.4 as follows: 1.4 a 'Consent' application in accordance with Section 49 of the Planning Act, RSO 1990, c. P. 13 shall be a fixed cast of $75.00 for processing by the municipality and fees as permitted by bylaw fry the f:lgin County land Division Committee. This by-law shell come into force and effect on the date of its passing. Read a first and second time this 24th day of octoher, 1995. Reeve r A rni istrator/Clerk-,treasurer Read a gird time and ' aHy parsed this 24th day of October, 1995. Reeve mi rator/Cler6-Treasurer 1 The Corporation of the Village of Fort Burwell Post Office Boa # 10 21 Pitt Street Port Burwell, Ontario By-Uw 95-58 Being a by-law to amend By -Law 95-03, being a by- law prescribing a tariff of fees for the processing of applications made in respect of planning matters. WHEREAS the Planning Act, RSO 1990 c. P. 13 s. 69 enables the Council of the Village of Port Burwell to prescribe a tariff of fees for the processing of applications made in respect of planning matters; AND WHEREAS Section fib of the Planning Act restricts the tariff to meet only the anticipated cost to the full the processing of each type of application provided for in the tariff; AND WHEREAS the Council of the Village of Port Burwell has enacted Bylaw 95-03 being a by- law prescribing a term of fees for the processing of applications made in respect of planning matters. NOW THEREFORE, the Council of the Village of Port Burwell amends Section 1.4 as follows: 1.4 a 'Consent' application in accordance with Section 49 of the Planning Act, RSO 1990, c. P. 13 shall be a fixed cost of $75.00 for processing by the municipality and fees as permitted by bylaw by the Elgin County Land Division Committee. This by-law shall come into force and effect on the date of its passing. Read a first and second time this 24tk day of October, 1995. Reeve AA atar/ClcA-Treasurer Read a third time and ally passed this 24th day of October, 1995. Reeve m' ra ar/Clerk-Treasurer FA 2 THE CORPORATION OF THE VILLAGE OF PORT BURWELL P. p, Box 10. Port Burwell, Ontario N01 I TQ telephone (S 19) 874-4343 - fax (519) 874-4948 Memo To: +Council. From: D. Free Re: By -Law 95-58, a by-law to amend By-law 95-03, a by-law to prescribe fees Date: October 19, 1995 During the October 10, 1995 Council Meeting, I was directed to adjust By -Law 95-03 tariff fees for the processing of applications pursuant to recent decisions by the County of Elgin Land Division Committee in regards to handling land division matters. Commensurate with the direction of Council I have prepared the attached by-law for Council's consideration. Please review this information at your earliest possible convenience. f r-` a ree r Tom Nesbitt Reeve David R. Free, CET, AMCT(A) - Administrator/Clerk-Treasurer Councillors D. Mason, J. Hevenor, G. Loucks. C. Aliin The Corporation of the Village of Port Burwell Post Office Box # 10 21 Pitt Street Port Burwell, Ontario By -Law 95-59 Being a by-law prescribing the method to receive and take care of and disburse money, etc including the signing cheques. WHEREAS the Municipal Act, RSO 1990 c. M. 45 s. 79 provides as follows; 79. (1) The treasurer shall receive and safely keep all money of the corporation, and shall pay out the same to such persons and in such manner as the laws of Ontario and the by-laws or resolutions of the council direct, and every cheque issued by the treasurer shall be signed by the treasurer and by some other person designated for the purpose by by-law or resolution of the council. R. S.O. 1980, c. 302, s. 81(1); 1989, c. 11, S. 1. (2) Despite subsection (1), (a) the council of a local municipality having a population of less than S,OW and the council of a county may provide that cheques issued by the treasurer may be signed by the treasurer only; and (b) the council of any other municipality may designate one or more persons to sign cheques in lieu of the treasurer. (3) The council of any municipality may provide that the signature of the treasurer and of any other person authorized to sign cheques issued by the treasurer may be written or engraved, lithographed, printed or otherwise mechanically reproduced on cheques. NOW THEREFORE, the Council of the Village of Port Burwell enacts as follows: L0 That two signatures he required on all cheques made payable by the municipality consisting of one staff member and one rnemhr of Council. 2.0 The Administrator/Clerk-Treasurer only shall sign all cheques and the Reeve as the member of Council he authorized to sign cheques on behalf of the municipality, 3.0 As an alternate signing authority Council may from time to time 'hy resolution appoint an alternate member of Council to sign cheques when the Reeve is not reasonably and readily available to sign cheques as may be required in the financial affairs of the municipality. This by-law shall come into force and effect on the date of its passing. Read a first and second time this 27th day of November, 1915. Reeve _ ist rator/Clerk-Treasurer Read a third time and finally passed this 27th day of November, 1995. e Ad inistrator/Clerk-Treasurer 2 THE CORPORATION OF THE VILLAGE OF PORT BuRWELL PO, Box 10. 'Pori Burwell, On[arko N@j I TO telephone (519) 874.4343 • fax (519) 874-4948 February 15, 1996 Canadian Imperial Bank of Commerce 200 Broadway Ti lsonburg Town Center Mall Tillsonburg ON N4C 5A7 Attention: Mr. Jim Bigger Dear Mr. Bigger Please find enclosed a certified copy of our By -Law 95-59, a 6y-law to prescribe & methyl to receive, take care of and disburse money. I trust that you wif find the attached in order and if you sh,uld have any further questions concerning this matter please feel free to call- , Yours trey -ree, ET, AMCT ,Ad inistrator%Clerk-Treasurer Encls. C.C. Betty Lee Loucles, CIBC Part Burwell David R, Free. CET, AMCT • Adminisirator/Clerk-Treasurer Ac Corporation of the Village of Port 13urwell Peat Office Box # 10 21 Pitt Street Port Burwell, Ontario By -Law 95-59 13eing a by-law prescribing the method to receive and taste care of and disburse money, etc including the signing cheques. WHEREAS the Municipal Act, RSO 1990 c. M. 45 P. 79 provides as follows; 79. (1) The treasurer shall receive and safely peep all money of the corporation, and shall pay out the same to such persons and in such manner as the laws of Ontario and the by -laces or resolutions of the council direct, and every cheque issued by the treasurer small he signed by the treasurer and by some other person designated for the purpose by by-law or resolution of the council. R.S.O. 1980, c. 302, s. 81(1); 1989, c. 11, S. 1. (2) Despite subsection (1), (a) the council of a local municipality having a population of less than 5,000 and the council of a county may provide that cheques issued by the treasurer may be signed by the treasurer only; and (b) the council of any other municipality may designate one or more persons to sign cheques in lieu of the treasurer. (3) `1'he council of any municipality may provide that the signature of the treasurer and of any ether person autborizecl to sign cheques issued by the treasurer may be written or engraved, lithographed, printed or otherwise mechanic�:Jly reproduced on cheques. Mc I NOW THEREFORE, the Council of the Village of fort Burwell enacts as follows: 1.0 That two signatures be required on all cheques made payable by the municipality consisting of one staff member and one member of Council. 2.0 The Administrator/Clear-Treasurer only shA sign all cheques and the Reeve as the member of Council he authorized to sign cheques on behalf of the municipality+. 3.0 As an alternate signing authority Council may from time to time by resolution appoint an alternate member of Council to sign cheques when the Reeve is not reasonably and readily available to sign cheques as may he required in the financial affairs of the municipality. 1-his by-law shall come into force and effect on the date of its passing. ' — ' lay of November, i995. I, LXFLFREE. C.E.T.. A.M.C.`�. Ad Tf+IMiwret of the V'ifltlpm d PWt &EwM. allwy a third tune and finally passed this 27th [.lay of NOVem6er, 199"; ve Ad srtistrator/ClerL-Treasurer 2 r The Corporation of the Village of Port Burwell PO Box 10 21 Pitt Street Port Burwell ON NOJ 1TO By -Law 95-60 Being a by-law to authorize the Reeve and the Administrator/Clerk- Treasurer to enter into an Agreement with Aylmer Stone Works for the purpose of the construction of the Port Burwell Market Square Sports Park. WHEREAS the Municipal Act, RS©, 1990 c. M45, s 102 as amended gives powers to every council to pass such by-laws and make such regulations for the health, safety, morality and welfare of the inhabitants of the municipality in matters not specifically provided for by this Act and for governing the conduct of its members as may he deemed expedient and are not contrary to law, and; Whereas 'Corporation of the Village of Port Burwell is desirous to enter into the attached Agreement forming Schedule "A", with Aylmer Stone Works for the purpose of the construction of the Port Burwell Market Square Sports Park. Read a first and second time this 28th clay of November, 1995 nistratorL rk- Treasurer Zta ^vc Read a third time and finally passed on this 28th day of November, 1995 We've I Standard Comtruction Gocumwnt - CCDC 2 - 19W AGREEMENT BETWEEN OWNER AND CONTRACTOR for use when a stipulated price forms the basis of payment and to be used only with the General Conditions of the Stipulated Price Contract, This Agreement made on the... , ... , .......01.1 .. OI.... �:tiAt►�r..... . .......... . .. . in the year nineteen hundred and N xr~C - b. ....... . . ... . ... ,................................. . by and between ................. ...................... . hereinafter called the „OwrwW' and ................. . .................. . hereinafter called the ,rContractor' witnesses: that the parties agree as follows ARTICLE A-1 THE WORK 11 The Contractor shall la) perform the Work required by the Contract Documents for . -0,00--A L04. iP,7\ . rrnserr here the vd# of the WCV* end the Prorec rl which have been signed by the parties, and which were prepared by ....:.............. • • • • • .. • • • . • , • .. • .. • . ......... . ... ..... acting as and hereinafter called the "Consultant" and lb) do Ad fulfill everything indicated by this Agreement, and +r4� (c) commence the Work by the 3?l day of --�w^,(:- .. 19 95. and attain Substantial Performance of the Work. as certified by the Consultant, by the 1��. day of c 190 . L N0 ARTICLE A-3 CONTRACT PRICE The CorttttectPriceia...............................,.........,,............................. Qtr.. -:O� tv(, j V e................................. . ii ... . 14 9 /05... '- y........ ) in Canadian funds, which price shall be subject to adjustments as may be required in accordance with the provisions of the Contract Documents. ARTICLE Ail PAYMENT (a) Subject to applicable legislation and the provisions of the Contract Documents, and in accordance with legislation and statutory regulations respecting holdback percentages and, where such legislation or regula- tions do not exist or apply, subject to a holdback of IQ percent t y0 the Owner shall: i 1 i make monthly payments in Canadian funds to the Contractor on account of the Contract Price. The amounts of such payments shall be as certified by the Consultant, and (2) upon Substantial Performance of the Work as certified by the Consultant pay to the Contractor the unpaid balance of holdback monies then due, and 13) upon Total Performance of the Work as certified by the Consultant pay to the Contractor the unpaid balance of the Contract Price then due. Ibl In the event of loss or damage occunng where payment becomes due under the property and boiler insurance policies, payments shall be made to the Contractor in accordance with the provisions of GC 20 — INSURANCE, Icl If the Owner fails to make payments to the Contractor as they become due under the terms of this Contrtct or +n an award by arbitration or court, interest of . "J M6 percent 1 .+en:�= .r {a`4] 961per annum on such unpaid amounts shall also become due and payable until payment. Such interest shall be calculated and added to any unpaid amounts monthly. ARTICLE A-5 RIGHTS AND REMEDIES (al The duties and obligations imposed by the Contract Documents and the rights and remedies available thereunder shaO be in addition to and not a limitation of any duties, obligations, rights and remedies otherwise imposed or available by law ib) No action or failure to act by the Owner, Consultant or Contractor shall constitute a waiver of any right or duty afforded any of them under the Contract, nor shall any such action or failure to act constitute an approval of or acquiescence in any breach thereunder, except as may be specifically agreed in writing ARTICLE A-4 SUCCESSION The Gsnwsi Conditions of the Stipulated Price Contract hereto annexed, and the other aforesaid Contract Docurrmnts, are to be read into and form part of this Agreement and the whole shall constitute the Contract be- tween the parties and subject to law and the provisions of the Contract Documents shall enure to the benefit of and be binding upon the parties hereto, their respective heirs, legal representatives, successors and assigns. In witness whereof the parties hereto have executed this Agreement undw their respective corporate seals and by the hands of their proper officers thereunto duly authorized. SIGNED, SEALED AND DELIVERED in the presence of: OWNER . 0 a� C- . -fVWM C� . - *P A . . . , .. + . . . . . . . . . .............. ..... now and rsir man.. ,�- .............. Vic.,....... ............... air rrrrra �it� AMMOROMW w.rnMsf nrmM and 00* N.B. Where kKW pnodiction, local practice. or Owner or Contractor requrrernent calls for proof of authonty to ex- eeute this document, proof of such authorrty in the form of a carttfred copy of a reeoru1w narntnp tns person or persona rn tuuartpon es authonzed to sign the Agmerrtent for and on tmhaft of the corporwo n or partnerssho. P01M to the Agro nent, shook# be attached rIA a , 1.0 TENDER SECURITY 1.1 The Tenderer shall furnish, with his Tender, a Tender deposit in the form of a certified cheque, cash or Bid Bond endorsed in the name of the The Village of Port Burwell, signed and sealed by the Contractor and Surety, in an amount equal to ten percent of the Tender Price. L2 Such deposit shall be security to the Owner that the Tenderer, if awarded the Contract, will execute the Agreement, supply Bonds, Insurance Documents and a Worker's Compensation Board Clearance Certificate, and start work as specified. 1.3 Deposits of all Tenderers, except the lowest and second lowest Tenderers, will be returned within ten (10) days of the opening of Tenders. 1.4 Deposits of the two low Tenderers will be retained until a bid has been accepted and the Contract properly executed. 1.5 Bid Bonds submitted as a security shall be from the same guaranty surety company supplying the performance and labour and material ponds for this contract 00655 - INSURANCE REQUIREMENTS 1.0 SCOPE 1.1 This section is to be read in conjunction with the Insurance Requirements as described in GC 20 "Insurance" of the General Conditions of the Contract. Insurance to protect the Contractor and his authorized Subcontractors against claims for property damage and for personal injuries, including accidental death in the following sums: Pubic Liability - S1,000,000 - each occurrence - one or more,persons, and Property Damage - S 1,000,000 -each occurrence The Contractor shall also furnish Owners Protective Liability and Property Damage Insurance to protect the Owner against claims for property damage and for personal injuries, including accidental death, caused by the operations of the Contractor or his authorized Subcontractors during the performance of work on this Contract in the following sums- Public Liability - 51,000,000 - each occurrence - one or more persons, and Property Damage - $1,000,000 each occurrence END OF SECTION 00600. SECTION QV00 - AGREEMENT DEFINITIONS AND GENERAL CONDITION The Agreement, Definitions and General Conditions contained in the Standard Construction Document CCDC No. 2, revised 1982, stipulated price contract shall become a part of the Contract and shall apply to all Contractors and Sub -Contractors. A-2 CONTRACT DOCUMENTS The following is the exact list of the Contract documents required to be listed in Article A-2 of the Agreement. I Agreement as per CCDC2-1982, Common Law Version, pages I to 5. 2. General Conditions as per CCDC2-1982, Common Law Version, pages 9 to 24. 3. Definitions as per CCDC2-1982, Common Law Version, Pages 7 and 8. 4. Section 00210 _ Project Time Schedule, Page 1. 5. Section 00600 - Surety and Deposit Requirements G. Section 00655 - Insurance Requirements 7. Contract Drawings and Specifications 8. Tender Form and Instructions to Bidders_ 1. Standard GorutrucDon Docvrnenr - CCDC 2 -- 19a2 DEFINFTlf,.1'NS The following Definitions shall apply to ail Contract Documents. 1. The Contract The Contract Documents farm the Contract. The Contract is the undertaking by the parties to perform their respective duties, responsibilities and obligations as prescribed in the Contract Documents and represents the entire agreement between the parties. The Contract Supersedes all prior negotiations, representations or agreements, either wrmen or oral, including the bidding documents. The Contract may be amended only as provided in the General Conditions of the Contract. 2. Contract documents The Contract Documents consist of the executed Agreement between the Owner and Contractor, the General Conditions of the Contract. Supplementary Conditions, Definitions, specifications, drawings and such other documents as are listed in Article A-2 — CONTRACT DOCUMENTS including amendments thereto incorporated before the execution of the Contract and subsequent amendments thereto made put - suant to the provisions of the Contract and agreed upon between the parties. 3. Owner The Owner is the person, firm or corporation identified as such in the Agreement and is referred to throughout the Contract Documents as if singular in number and masculine in gender. The term Owner means the Owner or his authorized agent or representative as designated to the Contractor in writing but does not include the Consultant. 4. Consultant The Consultant is the person, firm or corporation identified as such in the Agreement, and is an Architect or Engineer licensed to practice in the province or territory of the Place of the Work, and is referred to throughout the Contract Documents as if singular in number and masculine in gender. 5. Contractor The Contractor is the person, firm or corporation identified as such in the Agreement and is referred to throughout the Contract Documents as if singular in number and masculine in gender. The term Contrac- tor means the Contractor or his authorized representative as designated to the Owner in writing. 6 Subcontractor A Subcontractor is a person, firm or corporation having a direct contract with the Contractor to perform a part or parts of the Work, or to supply products worked to a special design according to the Contract Documents, but does not include one who merely supplies products not so worked. The term Subcontrac- tor is referred to throughout the Contract Documents as if singular in number and masculine in gender. 7. The Project The Project means the total construction contemplated of which the Work may be the whole or a part. 9. The Work The Work means the total construction and related services required by the Contract Documents 9. Products Products means material, machinery, equipment and fixtures forming the Work but does not include machinery and equipment used for preparation, fabrication, conveying and erection of the Work and nor mally referred to as construction machinery and equipment 10. Other Contractor Other Contractor means a person, firm or corporation empioyed by or having a separate contract directly or indirectly with the Owner for work other than that required by the Contract Documents 11 . Place of the Work The Place of the Work rs the designated site or loCation of the Protect of which the Work may Do the wnoie or a pan r kittW-Olyd C"Wriruc M 00cwrw" CCDC 2 — IOU THE GENERAL CONDITIONS OF THE STIPULATED PRICE CONTRACT f Hweinatter retorted to as the General Conditions.) OC 1 DOCUMENTS 1.1 The Contract Documents shall be signed in duplicate by the Owner and the Contractor. 1.2 The Contract Documents are complementary, and what is required by any one shall be as binding as of required by all. 1.3 the intent of the Contract Documents is to include the labour, products and services necessary for the performance of the Work in accordance with these documents. It is not intended, however, that the Con- tractor shall supply products or perform work not consistent with, covered by or properly inferable from the Contract Documents, 1 A Words and abbreviations which have well known technical or trade meanings are used in the Contract Documents in accordance with such recognized meanings. 1 5 References to the masculine or the singular shall be considered to include the feminine and the plural as the context reQu+res. 1 6 In the event of conflicts between Contract Documents the following shall apply. Rai figured dimensions shown on a drawing shall govern even though they may differ from dimensions scaled on the same drawing, lbl drawings of larger scale shall govern over those of smaller scale of the same date, lcl specifications shall govern over drawings, ldl the General Conditions shall govern over specificalion s, lel Supplementary Conditions shall govern over the General Conditions, and lfl the executed Agreement between the Owner and Contractor shall govern over all documents. Notwithstanding the foregoing, documents of later date shall always govern 1 7 The Contractor shall be provided without charge with as many copies of the Contract Documents or parts thereof as are necessary for the performance of the Work.. 8 The,Contractor shall keep one copy of current Contract Documents and shop drawings at the Place of the Work, in good order and available to the Consultant and has representatives. This requirement shall not be considered to include the executed set of Contract Documents. 1 3 Drawings, specifications, models and copies thereof furnished by theConsultant are and shall remain has property with the exception of the signed contract sets belonging to each parry to this Contract. Such documents and models are to be used only with respect to the Work and are not to be used on other work. Such documents and models are not to be copied or revised in any manner without the written authonza-. lion of the +Consultant. 1 10 Models furnished by the Contractor at the Owner's expense are the property of the Owner GC 2 ADDITIONAL. INSTRUCTIONS 2 1 During the progress of the Work the Consultant will furnish to the Contractor such additidnal instructions to supplement the Contract Documents as may be necessary for the performance of the Work. Such instructions shall be consistent with the intent of the Contract Documents. 2.2 Additional instructions may be in the forth of specifications, drawings, samples, modals or other written instructions 2 3 Additional instructions will be issued by the Consultant with reasonable promptness and in accordance with a schedule agreed upon for such instructions. CCDC 2 19W F-i.coaao 9 GC 4 DELAYS 4.1 If the Contractor is delayed in the performance of the Work by an act or omission of the Owner, Consultant, 'Other Contractor, or anyone employed or engaged by them directly or indirectly, contrary to the provisions of the Contract Documents, then the Contract Time shall be extended for such reasonable time as the Consultant may decide in consultation with the Contractor- The Contractor shall be reimbursed by the Owner for reasonable costs incurred by the Contractor as the result of such delay 4.2 If the Contractot is delayed in the performance of the Work by a stop work order issued by a court Of other public authority and providing that such order was not issued as the result of an act or fault of the Contrac- tor or anyone employed or engaged by him directly or indirectly, then the Contract Time shall be extended for such reasonable time as the Consultant may decide in consultation with the Contractor. The Contrac- tor shall be reimbursed by the Owner for reasonable costs incurred by the Contractor as the result of such delay. 4.3 If the Contractor is delayed in the performance of the Work by labour disputes, strikes, Kock -outs (including lock -outs decreed or recommended for its members by a recognized contractors' association, of which the Contractor is a member or to which the Contractor is otherwise bound), fire. unusual delay by common c-arriers or unavoidable casualties or, without limit to any of the foregoing, by a cause beyond the Contractor's control, then the Contract Time shall be extended for such reasonable time as the Consultant may decide in consultation with the Contractor, but in no case shall the extension of time be less than the time lost as the result of the event causing the delay, unless such shorter extension be agreed to by the Contractor. The Contractor shall not be entitled to payment for costs incurred as the result of such delays unless such delays are as the result of actions by the Owner 44 No extension shall be made for dewy unless: written notice of claim is given to the Consultant not later than fourteen t 14) days after the commencement of delay. providing however, that in the case of a continuing cause of delay only one notice of claim shall be necessary 4.5 If no schedule is made under (C 2 - ADDITIONAL INSTRUCTIONS, no claim for delay shall be allowed because of failure to furnish instructions until fourteen (14) days after demand for such instructions has been made and not then unless such Claim is reasonable 46 The Consultant will not, except by written notice to the Contractor, stop or delay the Work pending instructions or proposed changes in the Work- GC5 OWNER'S RIGHT TO PERFORM WORK OR STOP THE WORK OR TERMINATE CONTRACT 5. 1 If the Contractor should be adjudged bankrupt, or makes a general assignment for the benefit of creditors because of his insolvency or if a receiver is appointed because of his insolvency, the Owner may, without prejudice to any other right or remedy he may have, by giving the Contractor or receiver or trustee in bankruptcy written notice, terminate the Contract. 5.2 if the Contractor should neglect to prosecute the Work property or otherwise fails to comply with the requirements of the Contract to a substantial degree and if the Consultant has given a written statement to the Owner and Contractor that sufficient cause exists, the Owner may notify the Contractor in writing that he is in default of his contractuat obligations and instruct him to correct the detautt in the five t5) working days immediately following the receipt of such notice. 5.3 If the correction of the default cannot be completed in the five 15) working days specified. the Contractor shall be in compliance with the Owner s instructions if he- w commences the correction of the default within the specified time, and i b) provides the Owner with an acceptable schedule for such correction, and tcl completes the correction in accordance with such schedule- 5A If the Contractor fads to correct the default in the time specified or subsequently agreed upon, the Owner, without prejudice to any other right or remedy he may have. may gal correct such default and deduct the cost thereof from any payment then or thereafter due the Con- tractor provided the Consultant has certified such cost to the Owner and the Contractor, or Jr (b) terminate the Contractor s right to continue with the Work in whole or in part or terminate the Contract 5.5 if the Owner terminates the Contractor's right to continue with the Work under the conditions set out in this General Condition, he shall 1al be entitled to take possession of the premises and products and utilize the construction machinery and equipment the whole subject to the�ights of third parties. and finish the Work by whatever method he may consider expedient but without undue delay or expense, and lbl withhold further payments to the Contractor until the Vvork is finished. and CCDC 2 - 1992 F -t 047 io 7.3 If the matter in dispute is not resolved promptly the Consultant will give such instructions as in his opinion are necessary tot the proper performance of the Work and to prevent delays pending settlement of the dispute. The parties small act immediately according to such instructions, it being understood that by so doing neither party will jeopardize any claim they may have. If it is subsequently determined that such in- structions were in error or at variance wth the Contract Documents, the Owner shall pay the Contractor costs. incurred by the Contractor in carrying out such instructions which he was required to do beyond what the Contract Documents correctly understood and interpreted would have required horn to do, in cluding costs resuiting from interruption of the Work. 7A It is agreed that no act by either party shall be construed as a renunciation or waiver of any of his rights or recourses, provided he has given the notices in accordance with paragraph 7.2 and has carried out the instructions as provided in paragraph 7.3. 7-5 If the parties have agreed to submit disputes to arbitration pursuant to a Supplementary Condition to the Contract, or by subsequent agreement, then the dispute shall be submitted to arbitration in accordance with the provisions of the arbitration legislation of the Place of the Work. 7 6 If no provision or agreement is made for arbitration then either parry may submit the dispute to such judicial tribunal as the circumstances may require. 7.7 In recognition of the obligation by the Contractor to perform the disputed work as provided in paragraph 7.3, it is agreed that settlement of dispute proceedings may be commenced immediately following the dispute in accordance with the aforegoing settlement of dispute procedures. GC8 ASSIGNMENT 8.1 Neither party to the Contract shall assign the Contract or a portion thereof without the written consent of the other, which consent shall not be unreasonably withheld. GC 9 OTHER CONTRACTORS 9.1 The Owner reserves the right to let separate contracts in connection with the Project of which the Work is a part, or do certain work by his own f orces 9.2 When separate contracts are awarded for different parts of the Project, or work is performed by the Owner's own forces. the Owner shall: jai provide for the co-ordination of the work of his own forces and of each separate contract with the Work of this Contract, and lbl ensure that insurance coverage is provided to the same requirements as are called for in GC 20 - IN. SURANCE. Such insurance shall be co-ordmated wtth the insurance coverage of this Contractor as it affects the Work of this Contract. 93 The Contractor shall co-ordinate the Work of this Contract with the work of Other Contractors and connect as specified or shown in the Contract documents If there is a change in the scope of the work re- quired for the planning and performance of this co-ordination and connection. the changes shall be authorized in accordance with GC 11 - CHANGES iN THE WORD and the value of the changes shall be determined in accordance with GC 12 - VALUATION AND CERTIFiCATiON OF CHANGES IN THE. WORK.. 9 d The Contractor shall report to the Consultant any apparent deficiencies in Other Contractors' work which would affect the Work of this Contract immediately they come to his attention and shall confirm such report in writing. Failure by the Contractor to so report shall invalidate any claims against the Owner by reason of the deficiencies of Other Contractors work except as to those of which he was not reasonably aware 9 5 The Owner shall take ail reasonable precautions to avoid labour disputes or other dispules on the Project arising from the work of Other Contractors GC 10 SUBCONTRACTORS TO 1 Tj,e Contractor agrees io preserve and protect the rights of the parties under the Contract with respect to work to be performed under subcontract and to. jai enter into contracts or written agreements with his Subcontractors to require them to perform their work in accordance with and, subject to the terms and conditions of the Contract Documents, and ibI be as fully responsible to the Owner for acts and omissions of his Subcontractors and of persons directly or indirectly empioyed by them as for acts and omissions of persons directly empaoVed Dv him The Contracior therefore agrees that he will tncorporate the ler-ns and conditions ci the conifacc' Documents into all subcontract agreements he enters into weir n'S SL tDcontracta'S GC 13 APPLICATIONS FOR PAYMENT 13.1 Applications for payment on account may be made monthly as the Work progresses. 131 Applications for payment shall be dated the last day of the agreed monthly payment period and the amount claimed shall be for the value, proportionate to the amount of the Contract, of work performed and products delivered to the Place of the Work at that date. 13,3 The Contractor shall submit to the Consultant, at least fourteen (14) days before the first application for p3ymer+t, a schedule of values of the venous parts of the Work, aggregating the total amount of the Con- tract Price and divided so as to facilitate evaluation of applications for payment. 13.4 This schedule shall be made out in such form and supported by such evidence as to its correctness as the Consultant may reasonably direct and when approved by the Consultant shall be used as the basis for applications for payment. unless it be found to be in error. 13.5 When making applications for payment, the Contractor shall submit a statement based upon this schedule. Claims for products delivered to the Place of the Work but not yet incorporated into the Work shall be supported by such evidence as the Consultant may reasonably require to establish the value and delivery of the products 116 Applications for release of holdback monies following Substantial Performance of the Work and the application for final payment shall be made at the time and in the manner set forth in GC 14 -- CER- TIFICATES AND PAYMENTS. GC 14 CERTIFICATES AND PAYMENTS 14 1 The Consultant will, no later than ten I101 days after the receipt of an application for payment from the Contractor submitted in accordance with GC 13 --APPLICATIONS FOR PAYMENT, issue a certificate for payment in the amount applied for or in such other amount as he determines to be properly due If the Consultant amends the application, he will promptly notify the Contractor in writing giving his reasons for the amendment. 14.2 The Owner shall make payment to the Contractor on account in accordance with the provisions of Article A-4 — PAYMENT no later than five f51 days after the issuance of a certificate for payment by the Consultant. 14 3 The Consultant will, no later than ten (10) days after the receipt of an application from the Contractor for a centificate of Substantial Performance of the Work, make an inspection and assessment of the Work to verify the validity of the application The Consultant will, no later than seven t71 days after his inspection, notify the Contractor of his approval or the reasons for his disapproval of the application. When the Con- sultant finds that Substantial Performance of the Work has been reached he will issue such a certificate, The date of Substantial Performance of the Work shall be as stated in this certificate. Immediately follow- ing the issuance of the certificate of Substantial Performance of the Work, the Consultant, in consultation with the Contractor, will establish a reasonable date for the Total Performance of the Work. 14 4 immediately following the issuance of the certificate of Substantial Performance of the Work the Consultant will issue a certificate for payment of holdback monies. The holdback monies authorized by this certificate shall become due and payable on the day following the expiration of the statutory limitation period stipulated in the lien legislation applicable to the Place of the Work or where such legislation does not exist or apply in accordance with such other legislation, industry practice or such other provisions which may be agreed to between the parties. providing that the Owner may retain out of such holdback monies any sums required by law to satisfy any liens against the Work or other monetary claims against the Contractor and enforceable against the Owner and that the Contractor has submitted to the Owner a sworn statement that all accounts for tabour, subcontracts, products, construction machinery and equip ment and other indebtedness which may have been incurred by the Contractor in the Substantial Performance of the Work and for which the Owner might in any way be held responsible have been paid in full except holdback monies properly retained. 14.5 Where legislation permits and where, upon application by the Contractor, the Consultant has certsfied that the work of a 'Subcontractor has been totally performed to his satisfaction prior to the Substantial Per formance of the Work, the Owner shall pay the Contractor the holdback retained for such Subcontractor on the day following the expiration of the statutory limitation period for such Subcontractor stipulated in the lien legislation applicable to the Place of the Work. 14 6 Notwithstanding the provisions of paragraph 14 5 and notwithstanding the warding of such certificates the Contractor shall ensure that such work is protected pending the Total Performance of the Work and be responsible for the correction of defects in it regardless of whether or not they were apparent when Sucri certificates were issued CCDC < - 19ei r,,e0071C GC 15 TAXES AND DUTIES 16.1 Unless otherwise stated in Supplementary Conditions the Contractor shall pay the government sales taxes, customs duties end excise taxes with respect to the Contract. 15.2 Where an exemption or recovery of government sales taxes, customs duties or excise taxes is applicable to the Contract, the procedure shall be as established in the Supplementary Conditions 15.3 Any increase or decrease in casts to the Contractor due to changes in such taxes and duties after the date of the tender shall increase or decrease the Contract Price accordingly. GC 16 LAWS, NOTICES, PERMITS AND FEES 16.1 The laws of the Place of the Work shall govern the Work. 16.2 The Contractor shall obtain the permits, licences and certificates and pay the fees required for the performance of the Work which are to force at the date of tender closing, but this shall not include the obtaining of permanent easements or rights of servitude. 16.3 The Contractor shall give the required notices and comply with the taws, ordinances, rules, regulations.. codes and orders of the authorities having jurisdiction which are or become in force during the performance of the Work and which relate to the Work, to the preservation of the public health, and to construction safety. 16A The Contractor shall not be responsible for verifying that the Contract Documents are in compliance with the applicable laws, ordinances, rules, regulations and codes relating to the Work If the Contract Documents are at variance therewith, or changes which require modification to the Contract Documents are made to the laws, ordinances, rules, regulations and codes by the authorities having jurisdiction subse- quent to the date of tender closing, the Contractor shall notify the Consultant in writing requesting direc- tion immediately such variance or change becomes known to him The Consultant will make the changes required to the Contract Documents in accordance with GC 11 - CHANCES IN THE WORK, and the value of the changes shall be determined In accordance with GC 12 - VALUATION AND CERTIFICA• TION OF CHANGES IN THE WORK. 16.5 If the Contractor fails to notify the Consultant in writing and obtain his direction as required in paragraph 16.4 and performs work knowing it to be contrary to any laws, ordinances, rules, regulations, codes and orders of the authorities having jurisdiction, the Contractor shall be responsible for and shall correct the violations thereof and shall bear the costs, expense and damages attributable to his failure to comply with the provisions of such laws, ordinances, rules, regulations, codes and orders. GC 17 PATENT FEES 17.1 The Contractor shall pay the royalties and patent licence fees required for the performance of the Contract. He shall hold the fawner harmless From and against claims, demands, losses, costs, damages, actions, suits, or proceedings arising out of the Contractor's performance of the Contract which are attributable to an infringement or an alleged infringement of a patent of invention by the Contractor or anyone f'or whose acts he may be liable 17.2 The Owner shall hold the Contractor harmless against clams, demands, dosses, costs, damages, actions, suits, or proceedings arising out of the Contractor's performance of the Contract which are attributable to an infringement or an alleged infringement of a patent of invention in executing anything for the purpose of the Contract. the model, plan or dessgn of which was supplied to the Contractor as part of the Contract Documents GC 18 WORKERS' COMPENSATION INSURANCE 18.1 Prior to commencing the Work and prior to receiving payment on Substantial and Total Performance of the Work, the Contractor shall provide evidence of compliance with the requirements of the province or tatntory of the Place of the Work with respect to workers compensation insurance including payments due thereunder. 18.2 At any time during the term of the Contract. when requested by the Owner. the Contractor shall provide c such evidence of compliance by himself and his Subcontractors. (d) Property and Boiler insurance: (1) All risks property insurance shall be in the joint names of the Contractor, the Owner and the Consultant, insuring not less than the sum of the amount of the Contract Price and the full value, as stated in the Supplementary Conditions, of products that are specified to be provided by the Owner for incorporation into the 'Work, with a deductible not exceeding one percent of the amount insured at the arts of the Work. The farm of this insurance shall be the latest edition of CCOC Form 201 and shall be maintained continuously until ten (10) days after the date of Total Performance of the Work, as set out in the certificate of Total Performance of the Work. (2) Boiler insurance insuring the interests of the Contractor, the Owner and the Consultant for not less than the replacement value of boilers and pressure vessels forming part of the Work. The form of this insurance shall be the latest edition of CCDC Form 301 and shall be maintained con. tenuously from commencement of use or operation of the property insured and until ten 110) days after the date of Total Performance of the Work, as set out in the certificate of Total Performance of the Work - (3) Should the Owner wish to use or occupy part or all of the Work he shall give thirty 130) days writ ten notice to the Contractor of the intended purpose and extent of such use or occupancy. Prior to such use or occupancy the Contractor shall notrfy the Owner in writing of the additional premium cost, if any, to maintain property and boiler insurance, which shall be at the Owner's expense. If because of such use or occupancy the Contractor is unable to provide coverage, the Owner upon written notice Irom the Contractor and prior to such use or occupancy shall provide. maintain and pay for property and boiler insurance insuring the full value of the Work, as in sub- paragraphs (1) and 0, in CCOC Forms 201 and 301, including coverage for such use or occu- pancy and shall provide the Contractor with proof of such insurance. The Contractor shall refund to the Owner the unearned premiums applicable to the Contractor's policies upon termination of coverage. (4) The policies shall provide that, in the event of a loss or damage, payment shall be made to the Owner and the Contractor as their respective interests may appear. The Contractor shall act on behalf of the Owner and himself for the purpose of adjusting the amount of such loss of damage payment with the Insurers. When the extent of the loss or damage is determined the Contractor shall proceed to restore the Work. Loss or damage shall not affect the rights and obligations of either party under the Contract except that the Contractor shall be entitled to such reasonable ex tension of Contract Time relative to the extent of the loss or damage as the Consultant may decide in consultation with the Contractor 15) Payment for loss or damage The Contractor shall be entitled to receive from the Owner, in addition to the amount due under the Contract, the amount at which the Owner's interest in restoration of the Work has been ap- praised, such amount to be paid as the restoration of the Work proceeds and in accordance with the requirements of GC 13 —APPLICATIONS FOR PAYMENT and GC 14 — CERTIFICATES AND PAYMENTS in addition the Contractor shall be entitled to receive 'ium the payments made by the Insurer the amount of the Contractor s interest in the restoration of the Work. (6) The Contractor shall be responsible for deductible amounts under the policies except where such amounts may be excluded from the Contractor's responsibility by the terms of GC 21 — PRO- TECTION OF WORK AND PROPERTY and GC 22 - DAMAGES AND MUTUAL RESPOW SIBiLITY (1) In the event of loss or damage to the Work arising from the work of ar- Other Contractor, the Owner, in accordance with his obligations under GC 9 - OTHER CONTRACTORS, paragraph 9 2, shall pay the Contractor the cost of restoring the Work as the restoration, of the Work proceeds and m accordance with the requirements of GC 13 — APPLICATIONS FOR PAYMENT and GC 14 - CERTIFICATES AND PAYMENTS lei Contractors' Equipment lnsurance: Ali risks contractors equipment insurance covering construction machinery and equipment used by the Contractor for the prtrrormance of the Work, including boiler insurance on temporary boelers and pressure vessels, shall be in a form acceptable to the Owner and shall not allow subrogation claims by the Insurer against the Owner. The policies shall be endorsed to provide the Owner with not less than fifteen 115) days wrinen notice in advance of cancellation, change or amendment restricting coverage. Subject to satisfactory proof of financial capability by the Contractor for self-insurance of his equipment, the Owner agrees to waive the equipment insurance requirement. 20.2 Unless specified otherwise the duration of each insurance policy "it be from the date of commencement of the Work until the date of Total Performance of the Work as set out in the certificate of Total Performance of the Work r'rfnr I ,Q0, t.-'W 11r 24A The Contracior agrees to correct or pay for damage resulting from corrections made under the requirements of paragraph 24.2. GC 25 CONTRACTOR'S RESPONSIBILITIES AND CONTROL OF THE WORK 25.1 The Contractor shall have complete control of the Work and shall effectively direct and supervise the Work so as to ensure conformance with the Contract Documents. He shall be solely responsible for construction means, methods, techniques, sequences and procedures and for co-ordinating the various parts of the Work, under the Contract. 25 2 The Contractor shall be solely responsible for construction safety at the Place of the Work and for compliance with the rules, regulations and practices required by the applicable construction safety legislation. 25-3 The Contractor shall have the sole responsibility for the design, erection, operation, maintenance and removal of temporary structural and other temporary facilities and the design and execution of construc- tion methods required in their use The Contractor shall engage and pay for regrstered professional engineering personnel skilled in the appropriate disciplines to perform these functions where required by law or by the Contract [Documents and in all cases where such temporary facilities and their method of construction are of such a nature that professional engineering skill is required to produce safe and satisfactory ►esults- 25 4 Notwithstanding the provisions of paragraphs 25.1 and 25-3, or provisions to the contrary elsewhere in the Contract Documents where such Contract Documents include designs for temporary structural and other temporary facilities or specify a method of construction in whole or in part, such facilities and methods shall be considered to be part of the design of the Work and the Contractor shall not be held responstble for that pan of the design or the specified method of construction. The Contractor shall, however, be responsible for the execution of sgch design or specified method of construction in the same manner that he is responsible for the execution of the Work 25-5 The Contractor shall review the Contract Documents and shall promptly report to the Consultant any error, inconsistency or omission he may discover. Such review by the Contractor shall be to the 'best of his knowledge, information and belief and in making such review the Contractor does not assume any respon- sibility to the Owner or the Consultant for the accuracy of the review. The Contractor shall not be liable for damage or costs resulting from such errors. inconsistencies or omissions in the Contract Documents which he did not discover. If the Contractor does discover any error, inconsistency or omission in the Contract Documents he shall not proceed with the work affected until he has received corrected or mrs- sing information from the Consultant. 25.6 The Contractor shall prepare and update as required a construction schedule indicating the taming of the major activities of the Work. The schedule shall be designed to ensure conformance with the required Contract Time The schedule shall be submitted to the Owner and the Consultant for their information within a reasonable time from the date of Contract award. The Contractor shall monitor the progress of the ','York relative to the schedule and advise the Consultant of any revision$ required as the result of delays as provided in GC 4 — DELAYS, indicating the results expected from the resultant change in schedule. GC 26 SUPERINTENDENCE 26-1 The Contractor shall employ a competent supervisor and necessary assistants who shall be in attendance at the Place of the Work while work is being performed. 26.2 The supervisor shall be satisfactory to the Consultant and shall not be r hanged except for good reason and only then aher consultation with the Consultant 26.3 The supervisor snail represent the Contractor at the Place of the Work and instructions given to him by the Consultant shall be held to have been given to the Contractor. Important instructions shall be confirmed to the Contractor in writing; other instructions shall be so confirmed if requested. GC z7 LABOUR AND PRODUCTS 27-1 Unless otherwise stipulated elsewhere in the Contract Documents, the Contractor shall provide and pay for tabour, products, tools, construction machinery and equipment, water, heat, light, power, transporta- tion and other facilities and services necessary for the performance of the Work in accordance with the Contract. 27-2 Products provided shall be new unless otherwise specified in the Contract Documents. Products which are not specified shall be of a quality best suited to the purpose required and their use subject to the approval of the Consultant. 27-3 The Contractor shall maintain good order, and discipline among nis employees engaged on the Work and shall not employ on the Work anyone not skilled in the task assigned to him 32A The Consultant may order any part or parts of the Work to be specially examined should he believe that such worts its not in accordance with the requirements of the Contract Documents. If, upon examination such work be found not in accordance with the requirements of the Contract Documents, the Contractor shall correct such work and pay the cost of examination and correction. If such worts be found in accordance with the requirements of the Contract Documents, the Owner shall pay the cost of examina- tion and replacement. 32.5 The Contractor shall furnish promptly to the Consultant two 12) copies of certificates and inspection reports relating to the Work GC 33 REJECTED WORK 33.1 Defective work, whether the result of poor workmanship, use of defective products, or damage through carelessness or other act or omission of the Contractor and whether incorporated in the Work or not, which has bean rejected by the Consultant as failing to conform to the Contract Documents shall be removed promptly from the Place of the Work by the Contractor and replaced or re -executed promptly in accordance with the Contract Documents at the Contractor's expense. 33.2 Other Contractors' work destroyed or damaged by such removals or replacements shall be made good promptly at the Contractor's expanse. 33.3 If in the opinion of the Consultant it is not expedient to correct defective work or work not performed in accordance with the Contract Documents, the Owner may deduct from the monies otherwise due to the Contractor the difference in value between the work as performed and that called for by the Contract Documents, the amount of which will be determined in the first instance by the Consultant GC 34 SHOP DRAWINGS 34 1 The term '-shop drawings means drawings„ diagrams, illustrations, schedules, performance charts, brochures and other data which are tci be provided by the Contractor to illustrate details of a portion of the Work. 34 2 The Contractor shall arrange for the preparation of clearly identified shop drawings as called for by the Contract Documents or as the Consultant may reasonably request 34.3 Prior to submission to the Consultant the Contractor shall review all shop drawings. By this review the Contractor represents that he has determined an(_" verified all field measurements, field construction criteria, materials, catalogue numbers and similar data or will do so and that he has checked and co- ordinated each shop drawing with the requirements of the Work and of the Contract Documents. The Contractor's review of each shop drawing shall be indicated by stamp, date, and signature of a responsible person. 34 4 The Contractor shall submit shop drawings to the Consultant for his review with reasonable promptness and in orderly sequence so as to cause no delay in the Work or in the work of Other Contractors. It either the Contractor or the Consultant so requests they shall jointly prepare a schedule fixing the dates for sub- mission and return of shop drawings Shop drawings shall be submitted in the form of reproducible transparencies or pants as the Consultant may direct. At the time of submission the Contractor shall notify the Consultant in writing of any deviations in the shop drawings from the requirements of the Contract Documents 34.5 The Consultant will review and return shop drawings in accordance with any schedule agreed upon, or otherwise with reasonable promptness so as to cause no delay. The Consultant's review well be for conformity to the design concept and for general arrangement only and such review shall pot relieve tfta Contractor of .esponsebility for errors or omissions in the shop drawings or of responsibility for meeting all requirements of the Contract Occuments unless a deviation on the shop drawings has been approved in writing by the Consultant 346 The Contractor shall make any changes in shop drawings which the Consultant may require consistent with the Contract Documents and resubmit unless otherwise directed by the Consultant. When resubmit- ting, the Contractor shall notify the Consultant in writing of any revisions other than those requested by the Consultant. GC 35 CASH ALLOWANCES 35.1 The Contract Price includes cash allowances stated in the Contract Documents. 35-2 Cash allowances, unless otherwise specified, cover the not cost to the Contractor of services, products, construction machinery and equipment, freight, unloading, handling, storage, installation and other authorized expenses incurred in perforrning the work stipulated under the cash allowances. 353 The Contract Price, and not the cash allowances, includes the Contractor`s overhead and profit in connection with such cash allowances GCOC I — I Fdy 00710 Z9 1. 8. I The specifications For the project shad be the notes on the drawings. 8.2 GC20 INSURANCE (SEE A7TACTNEU) 8.3 The "Village of Fort Burwell contact person is: Ed Roloson (519 874-1000 END OF SECTION 00800. 4 , Tile Corporation of the Village of Port Burwell P4 Box 10 21 Pitt Street Port Burwell ON NOJ IT0 BY -Law 95-61 Being a by-law to finally and formally close certain roads and streets within the Village of Port Burwell. WHEREAS the Municipal Act, R.S.Q 1990, c. ,''►'1.45, 9.297 provides that the council of every municipality may pass ley -laws, (a) for establishing and laying out highways; (b)' for widening, altering or diverting any highu:ay or part of a highway; (c) for stopping up any highway or part of a highway or for stopping up arty highway or part of a highway jhrr a specifted period or ,periods of time; (d) for leasing or selling tha sail and froahofd of a stopped -up highway or part of a highway; (e) for setting apart and laying out such .parts as maybe considered expedient Of any highway for the purpose of carriage ways, boulevards and sidewalks, and for beautifying the same, and making regulations for their protection; (f) for permitting subways under and bridges over any highway upon such conditions as the council considers advisable; (g) for acquiring land or an interest in land at street intersections for the purpose of rounding corners, and; WHEREAS the Provincial Par6 Act, RSO, 1990, c. P. 34, s. 3, p. 4 provides as fellows; that d6pite the Municipal r'ict, every unopened road allowance that is within a provincial park and that has not been closed and conveyed shall be deemed to have been v,sted in the Crown from the day on which the provincial park was established or the area in which the unopened road allowance is located was added to a provincial park, as the case may be, and the Alinister may close to travel any such road allowance one month after having caused notice of the purposed closing to be published once a urn k for four consecutive uwks in a newspaper l aving general circulation in the locality in which sire road allowance is located or one month after having caused such a notice to be posted in a conspicuous place at or near the road allau:ance, and; Whereas certain municipal roads allowances have been assumed. 6y the Ministry of Natural Resources for the estahhshment of the Port Burwell Provincial Park in 1965 by the purchase of lands within the Village of Port Burwell for the purposes of a estah6shing a Provincial Paris under the Provincial Pants Act. NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE VILLAGE OF PORT BURWELL RATIFIES AND ENACTS AS FOLLOWS: That certain roads and street be finally and formally closed in accordance to Schedule "A" attached hereto of this bylaw. 2. That the Administrator/elerk-Treasurer is hereby authorized and directed to register the closing of made within this bylaw in the Elgin County Registry Office. This By-law ratifies all actions of Council and the Prcnince of Ontario and shall come into full force and effect upon the final passing thereof. Read a first an and time this 12th day of December, 1995 A rstrator/Clerk- Treasurer e - Read a third ti and finally pasmi on ties 12th day of December, 1995 Ad is tratorlClerlt-Treasurer 2 Schedule "A" Bylaw 95-61 Village of Port Burwell Instrument No Reference ley Avenue 123212 Plan of Surrey attached hereto as Schedule -B' Tara Avenue 123212 Plan of Survey attached hereto as Schedule "B" 3d Street 123212 Plan of Survey attached hereto as Schedule "B- le Avenue 123212 Plan of Survey attached hereto as Schedule "B' event Street 123212 Plan of Survey attached hereto as Schedule "B" 3beth Avenue 123212 Plan of Survey attached hereto as Schedule -g- ve Street 123212 Plan of Survey attached hereto as Schedule 'B' ' ie Avenue 123212 Pan of Survey attached hereto as Schedule 'B" land Street 123212 Plan of Survey attached hereto as Schedule 'B" vay Drive 123212 Plan of Survey attached hereto as Schedule "B" rer Street 123212 Pion of Survey attached hereto as Schedule 'B" it Street 123212 Nan of Survey attached hereto as Schedule 'E" e Prepared by D R Free AdrrwrosbaforlClerk-Trsoum f z7 M5 350PM County of Elgin Registry Mice 4 k Y* V LLAGE ' e {' h h VILLAGE Po H # TOWNSHIP a 0 a° BAl'HAM PO�R'T '� rwr r)�, P.dRT q►q✓r1 i +w s"s,.w PART OF LOT 9 CD I CONCESSION I OBAf HAM ` t PART OF LOT 10 CONCESSON I w °f L8BYE AIEMCFAYANDWEiLNGMN STREETS REGISTERED PLAN W 191 LOTS 20 TO 27 INCLUSIVE, DOTS 29 TO 43INCLUSIVE, LOTS 65 TO 85I+YCLUSIVE, LOTS88 TO 101INQ4)SIVE OF �/ LOTS 103 TO M WCWSiIr� 1 PART OF LOTS 28 DRrVEAND " SCLWAr XTRKLANC,GRIFFLE,BFKAAVhftVER,DERWENT AND FAY STREETS, PART OF GROVESTTRREET r a FART OF ELIZABETHocAND ASMEY INiMES REGISTERED PLAN N* 228 ,GWNSHP OF SAY WA o PORT BURWELL ZD Et.GiN k fj Y� 11%7 ` SDR f- OF PORT BURWELL M1�.,.�... �.., - ww �uwwv �erwpr wrr_ a rr �[ rprnawr11�Q#[[ PC , ` i�°iesiwax MI M !�!T OF pU®LIC WOR1iS, �+at -2L '7V The Corporation of the Village of Port Burwell Post Office Box # 10 21 Pitt Street Port Burwell, Ontario By -Law 95-62 Being a by-law to amend Fay -Law 94-22, Being a By- law Prescribing the Standards for the Maintenance and Occupancy of Property WHEREAS the Planning Act, RSO 1990 c. P. 13 s. 31, p. I I provides as follows every by-+lau. passed under this section shaft provide )(or the establishment o1a property standards committee composed 'If such persons, not fewer than three, as the council considers advisable and who sha/f hold of ice for such term and on such conditions as may be prescribed in the hy-faw, and the council of the municipality, when a vacancy occurs in the membership of the committee, shafflorth,e;ith , -# the vacancy. AND WHEREAS the Council of the Village of Port Burwell has enacted a Property Standards bylaw 94-22 udder the Planning Act. NOW THEREFORE, the Council of the Village of Port BurweU amends bylaw 94-22 to add Section 38.1.5 as follower: 38.1.5 If a Property Standards Committee is not formally appointed by bylaw then the,Councd of the municipality shall 6e charged with the duties of the Committee. Tlvs by-law shall come into force and effect on the elate of its passing. Read a li and second tim is 1 th day of December, 1995. rator/Clerl -Treasurer, a fled a third time and 64 paned this i2th day of December, 1995. s Reeve A rator/Clerk-'1 reasurer Village of Port Burwell Port Office Brno # 10 21 Pitt Street Port Burwell, Ontario NOJ I TO Resolution 951212-14 MOVED BY: SECONDED BY: Whereas the Planning Act, RSO 1990 P. 13, s. 31, p. 11 PrnvicieS (kat; Every bylaw passed under Ibis section shaft provide for the establishment of a property standard, commiffm composed of such persons, not fewer than #!'arse, as Ike council considers advisable and who shag hdd o#,, for such terra and on such conditions as may be pre.scribed in the by4t., and the council of Ae municipality, when a vacancy occurs M the membership of the committee, dealt forth rigs Afl the vacancy. Council is desirous to correct drainage problems for certain areas within the Municipality, and; Now therefore the Council of the Village of Port Burwell hereby immediately deliberates as the Property Standards Committee to review matters brought before it. CARRIED: r THE CORPORATION OF THE VILLAGE OF PORT BVRWELL R 0. Box 10. Port Burwell, Ontario NOJ I TO telephone (519) 874-4343 • fax (519) 874-4948 Menlo Date: December 7, 1995 To: Council From: D. Free Re: Bylaw 94-22, Property Standards Bylaw Councd: A review of the above said bylaw indicates a flaw in process considering the need t,, deal with extenuating Circumstances. To this end a propo*ed amendment in the form of bylaw 95-62 is attached for Councils consideration. The bylaw establishes a Property Standards Committee which would deal with circumstances that wuuld require a bearing. Albeit a skrmewhat redundant process legislation requires a public and semi quali judicial process to protect the interest of the public. More specifically we are currently in the final stages of the W. Gheysen property located at the end of Friezes Street. We must permit for a hearing prior to the demolition and clean up of the remanent building of which Council has in the past, had concerns with. Please cc,rasider the attai.+cW at your earliest convenience. David R. Free a Ends. Tom Nesbitt - Re" DiwW R. Free, CET, AMCT(A) • Administrat,arl{Chrk-Tr new Councillors D Mason, J Hevener, G. Loucks, C. ANin The Corporation of the Village of Port Burwell PO Box 10 21 Pitt Street Port Burwell ON NUJ 1TO By -Law 95-63 Being a by-law for assigning Municipal Addressing and the numbering of buildings, etc. within the Village of Port Burwell. W14EREAS theMunicipal Act, R.S.O. 1990, c. M A5, s.210, p, 112 provides for numbering the buildings and lots along any highway, beach, park, reserm or any other property in the municipality that If is considered necessary to number by the council, and for affixing numbers to the buildings and for charging the owner or occupant with the expense incident to the numbering of the lot or property.. (a) Such expense may be collected in the same manner as taxes, and, if paid by the occupant, subject to any agreement betuv n the occupant and the owner, may be deduct from the rent payable to the owner. And Whereas the Municipal Act RSO 1990, C. ,M.4 , s. 102 prcnrides that everyl council may pass such by-laws and make such regulations for the health, safety, morality and welfare of the inhabitants of the munr'cipalif y in matters not specifically provided for by this Act and for gotvrning the conduct of its members as may be deemed expedient and are not contrary to law, and; And Whereas certain municipal roads and streets have been renamed in order permit easier access and identification for emergency services, .and; NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE VILLAGE OF PORT BURWELL RATIFIES AND ENACTS AS FOLLOWS: That all' lands and buildings shall have municipal in accordance to Schedule "A" attached hereto of this bylaw. 2. That the Admini#rator/C'lerL-Treasurer is hereby authorized and directed to ensure that the addressing of each existing building complies with the provisions of schedule "A". 3. That the AAministrator/Clerlr-Treasurer provide formal notification of addressing changes are advertised through direct mailing and local media. 4. Agencies and emergency service provider affected by this bylaw are directly notified. S. `rhis bylaw repeals bylaw 67-20. By-law shall come into full force and effect upon the final passing thereof. Read a first an 'ond time t6 23rJ Jay of )anuary, 1 . .lrlrn istrator/Clerlr- rre re Rears a third time and finally passed on this 23rd day of January, 19%. 2 Village of port Burwell Schedule W of By -Law 95-63 Prdn IU A jW - — ZO Eliza" 3402000-x )1005080000 CON I PT LOT 13 RP 1 I R.3173 PART 1 0.23AC I00.0OFR 100.00D 14 Eliza�h 3402000001005100000 CON I PT LOT 13 RP 11 R4848 PART 3 0.14AC 66.00FR 90.001) 16 Eliz"h 3402000001005120000 CON 1 PT LOT 13 RP 1 I R4848 PART 2 0.14AC 66.00FR 90.00D 18 Elizabeth 3402000001005140000 CON I PT LOT 13 RP 11 R4848 PART I 0.14AC 66.00FR 90.00D 58 ElizAwtb 3402000001006000000 PLAN 30 BLK NIL PT RP 11 R3508 PART 1 2.92AC 417.39FR 38 Eliza" 3402000001006010000 PLAN 30 BLK NIL PT RP 11 R 1094 PAwr I 0.20AC 66.00FR 132.001) 34 Eliza" 3402000011006030000 PLAN 30 BLK NIL PT r RP 11 R2414 PART 1 1.00AC Village of Port Burwell Schedule 'A' of By-law 95-63 2 Elizabeth 3402000001001000(W CON IPTLOT 13 RP 11 R3125 PART 1 191.55 X90. 7OX230 . l OX239.14 0.71AC 4 Eli" CON 1 PT LOT 13 SLIMMER RESIDENCE 43.5X369.5X380X66.63 0.45AC 6 Eliza" CON 1 PT LOT 13 SLIMMER RESIDENCE 43.6X357X369.5X71.67 0.48AC 43.50FR •1 1 !1 !!1!!1 •! 11111 !! !!1! 1 8 Elizabeth 340200p(X)1004M)" CON 1 P-r LOT 13 EIS ELI'LABETH N\S PITT 0.92AC 10 Elt,LIeth CON 1 PT LOT 13 RP IIRIO61 PART 1 94.85X90X92.88X 117.65 0.22AC 94.85FR • ! !1!! 1! 1! 12 Elizabeth 340200"1005(rJXX ) CON I PT LOT 13 PERMANENT MOBILE HOME PARK I RREG 3.04AC 100.00FR ., Village of Port Burwell Schedule 'A' of By -Law 95-63 euwrtx AjArem Rall Number 53 Wellington 34020000010060400Q)0 Plan 30 Pt A Nil RPIIR5465 Part 3 55 Wellington 3402000001006050000 PLAN 30 BLK NIL PT RP I 1 R2414 PART 2 1.01 AC 168.50F R 260.00D 40 Elizabeth 3402000001006100000 PLAN 30 BLK NIL PT RP 11 R3508 PART 2 4.87AC 638.62FR 7 Elizabeth 34022000001007000000 PLAN 30 LOT I SLIMMER RESIDENCE 0.25AC 66.00FR 165.001) 9 Elm 3402000001008000000 PLAN 30 E PT LOT 2 0.15AC 66.00FR 100.001) 11 Elizabeth 3402000001009000000 PLAN 30 W PT LOT 2 SUMMER RESIDENCE REAR LAND 66X65X65X66 ROW OVER 12 FT LANE 0. 1OAC 13 Elizalxtld 3402000001010000000 PLAN 30 LOT 3 0.25AC 66.00FR 165.00D Village of Port Burwell Schedule 'A' of By -Law 95-63 15 Elizabeth. PLAN 30 LOT 4 0.25AC 66.00FR 165.00D 17 Elizabeth PLAN 30 LOT 5 AND RP 11 R4991 PART 4 SUMMER RESIDENCE 70X 165X 164.7OX70 0.27AC 70.00FR 19 Elizabeth PT GEORGE ST CLOSE[ RP 11 R4991 PARTS 2,3 62X 164.20X 164.73X62 0.25AC 62.00FR liiil i 11 21 Elizabeth 3402000001013000000 PLAN 30 LOTS 6 & 7 SUMMER RESIDENCE 0.46AC 120.12FR 165.00D 29 Ehaaheth PLAN 30 LOT 11 0.25AC 66.00FR 165.00D 31 Elizabeth 3402M)001016010000 PLAN 30 LOTS 12-13 21780.00SF 132.00FR 165.001) 37 Elisabeth PLAN 30 LOT 14 0.25AC 66.00FR 165.00D 39 Elizabeth PLAN 30 LOT 15 0.25AC 66.00FR 165.001) 3402000001017000000 1 rlLlli i ..Milli Village of Port Burwell 5cl,eJule 'A' of By-1-aw 95-63 41 Elizabeth PLAN 30 LOT 16 0.25AC 66.00FR 165.00D 11 11 l 'Illlll 43 Elizabeth 3402000001020000000 PLAN 30 E PT LOTS 17,18 WS ELIZABETH 0.25AC 82.50FR 132.0017 5 Hannah PLAN 30 W PT LOTS 17,18 0.25AC 82.50FR 1.32,001) 45 Elizabeth PLAN 30 S PT LOT 19 SUMMER RESIDENCE 0.14AC 36.00FR 165.00D 47 Elizabeth PLAN 30 PT LOTS 19,20 0.28AC 75.00FR 165.00D 111 l l./llllll 3402000001023000000 49 Elizabeth 340200000102400t*KW PLAN 30 LOT 21 N PT LOT 20 0.33AC 87.00FR 165.001) 1 William PLAN 30 LOT 22 W1S EL17ABETH. 0.25AC 165.00FR 66.001) r.l .:f a.l 11..l.l 10157 Elizabeth 3402000001028001000 PLAN 30 LOTS 23,24,25,26 43560.00S F 264.00FR 165.001) 10 Victoria PLAN 30 W PT LOT 1 SUMMER RESIDENCE 66X95X 100.9X 100 0.18AC 66.00FR 12 Victoria PLAN 30 LOT 2 66.00FR 165.00D Village of Port Burwell ScheJule 'A' of By-I.aw 95-63 MI . I W . ,9 r rrrrr r rrr !Irlr ! !r rrr 16 Victoria 3402000001033000000 PLAN 30 LOTS 3,4, PT LOT 5 132XI RRX165X 132 0.50AC 132.00FR 18 Victoria PLAN 30 PT LOT 5 66X 165XIRRX66 0.2.5AC 66.00FR 20 Victoria PLAN 30 LOT 6 0.1215.AC 66.00FR 165.00D 22 Victoria PT GEORGE ST CLOSED RP 11 R4991 PARTS 1,5 66X 1.64.73X 164.7OX65.56 0.2.2.AC 66.00FR 34020000010 3500f 1[X10 24 Victoria 3402000001036000000 PLAN 30 UNNUMBERED LOT RP 11 R3629 PARTS 2 & 3 65.42X 164.74X 164.73X63.5 0.24AC 65.42FR I VdIage of Port Burwefl Schedule 'A' of By -Craw 95-63 ,CIopcdX AddKems Ro 1l 1'g.rnnPr 26 Victors 3402000001037000000 PLAN 30 LOT 7 RP 11 R3629 PART 1 65.41X164.74X 164.74X63.5 0.24AC 05.41 FR 30 Victoria 3402000001038000000 PLAN 30 LOTS 8 AND 4 0.50AC 132.00FR 165.00D 32 Victoria 3402000001039000000 PLAN 30 LOT 10 0.25AC 66.00FR 165.00D 34 Victoria 3402000001040000000 PLAN 30 LOT 11 66.00FR 165.00D 36 Victoria - 3402000001041000000 PLAN 30 LOTS 12 AND 13 0.50AC 132.00FR 165.00D 4O Victoria 3402000001043000000 PLAN 30 LOT 14 0.25AC 66.00FR 165.00D 42 Victoria 3402000001044000( PLAN 30 LOT 15 0.25AC 66.00FR 165.00D 44 Victoria 3402000001045000000 PLAN 30 LOT 16 0.25X' 66.00FR 165.00D 46 Victoria 3402000001046000000 PLAN 30 LOT 17 0.25AC 66.00FR 165.00D le Iy Village of Port Burwell Schedule 'A.' of By -Law 95-+63 %H f 48 Victoria iyum6, 3402000001047000000 PLAN 30 LOTS 18 AND 19 0.50AC 132.00FR 165.00D 52 Victoria 3402000001099000000 PLAN 30 LOT 20 0.25AC 66.00FR 165.00D 54 Victoria 3402000001050(XXM) PLAN 30 LOT 21 0.25AAC 66.00FR 165.00D 56 Victoria 3402000001051000000 PLAN 30 LOT 22 0.25AC 66.00FR 165.00D 58 Victoria 3402000001052[)f) XX)O PLAN 30 S PT LOT 23 0.17AC 44.00FR 165.00D 60 Victoria 3402(K)001053000(XO PLAN 30 LOT 24 N PT LOT 23 0.33AC 88.00FR 165.00D r 62 Victoria 340200000105400000O PLAN 30 LOTS 25,26 AND 27 0.75AC 198.00FR 165.00D 66 Victoria 34020000010555010000 PLAN 30 LOT 28,29 PT 3 0 CROSS STREET CLOSED RP 11 R 1474 PART 3 34320.00Sk°' 208.00FR 165.00D Village of Port Burwell ScheJule 'A' of By -Law 95-63 68 Victoria PLAN 30 PT LOT 30 CON 1 PT LOT 13 RP 11 R1474 PARTS I & 2 123.35X I68.36X 165X90.12 0.40AC 123.35FR 72 Victoria CON 1 PT LOT 13 0.26AC 66.00FR 168.36Q 74 Victoria CON 1 PT LOT 13 RP I R4015 PART 1 0.34AC 90.00FR 168.36D 3402()()(AC)) 105600(X)00 3402(XXX))10570(XXXX) 340200(WI0580( 0000 13 Victoria 340200(WI05900()(XX) CON I PT LOT 12 OR PT UNNUMERED LOT N1S PITT RP I I R4843 PART 2 143.50X 141.19XI RRX96.45 0.36AC 143.50FR 15 Victoria 3402000001061000000 CON I PT LOT 12 PT UNNUMERE© LTS NW PITT RP I I R3935 PART 2 & RP I 1 R4843 PART 1 70.74X I RRX 132X61.5 0.19AC 70.74FR 17 Victoria 3402000001062000000 CON 1 PT LOT 12 PT UNNUMBERED LOT NIS PITT RP1 I R3561 PT 2, RP I I R3935 Pt 56.3 X 132X 132.2X59.5 0.16AC 56.30FR 4 Village of Part Burwell Schealule 'A' of By -Law 95-63 19 Victoria 3402000()106202C1[]W CON 1 PT LOT 12 OR PT UNNUMBERED LOT N1S PITT RP11 R3561 PART 1 83.3X 132.0X I32.0X86.5R 0.26AC 83.30FR 21 Victoria 3402000001064000000 PLAN 12 LOT 17 AND CON 1 PT LOT 12 0.40AC 132.00FR 132.001) 25 Victoria 3402000001065000000 PLAN 12 LOT 18 0.20AC 66.00FR 132.00D 27 Victoria 3402000001066000000 PLAN 12 LOT 19 0.20AC 66.00FR 132.0013 35 Victoria 3402000001067000000 PLAN 12 LOT 23 0.20AC 66.00FR 132.001) r 37 Victoria 3402000001068000(XX) PLAN 12 LOTS 24 AND 25 0.40AC 132.00FR 132.00 L3 41 Victoria 3402000001070000000 PLAN LOTS 26 AND 27 0.40AC 132.00FR 132.001) 45 Victoria 340200000107200(XXX) PLAN 12 LOTS 28 AND 2 9 0.40AC 132.00FR 132.001) L Village «f Part Burwell schedule 'A' of By -Law 95-63 49 Victoria PLAN 12 LOT 30 0.20AC 66.00FR 132.00D 51 Victoria PLAN 12 LOT 32 0.20AC 66.00FR 132.00D Dc6orah Broo6 53 Vk4oria PLAN 12 LOT 33 0.20AC 66.00FR 132.00D 55 Victoria PI -AN 12 LOT 34 0.20AC 66.00FR 132.00D 57 Victoria 3402000001078000000 PLAN 12 LOT 35 TO 36 0.40AC 132.00FR 132.00D 59 Victoria 340200(WI079000000 PLAN 12 PT UNNUMBERED LOT 2.93AC 434.50FR 61 Victoria 340200(W I (78M)OOOO PLAN 12 PT UNNUMBERED LOT RP 11 R2554 PART 1 283.43X236.93X245.35 TRI 34447.00SF 283.43FR 5 Milton PLAN 12 LOTS 23-25 . PT LOTS 21,22 RP 11 R2954 PART 3 PT PART 1 RP 11 R3130 PARTS 1-3 & 11 13168 PART 2 1.11AC 200.23FR 11 �a 111111 Village of Part Burwell Schedule 'A' of ,By -Law 95-63 37 Milton PLAN 12 E PT LOT 26 0.10AC 66.00FR 66.00D 39 Milton PLAN 12 E PT LOT 27 0.10AC 66.00FR 66.00D 41 Milton PLAN 12 LOT 28 0.20AC 66.00FR 132.00D 43 Milton PLAN 12 LOT 29 0.20AC 66.00FR 132.00D 47 Milton PLAN 12 LOT 32 0.20AC 66.00FR 132.00D 49 Milton PLAN 12 LOT 34 0.20AC 66.00FR 132.00D 51 Milton PLAN 12 Lo,r 35 0.20AC 66.00FR 132.00D 55 Milton. PLAN 12 LOT 36 66.00X132.00 0.20AC 66.00FR 132.00D 340204X'J(lE} 1084000000 3402000001085(k3lX)OO # :• 11#11 1111111 • 1111'�1'�f 34 s a6apeare 3402000001094000000 PLAN 12 LOT 23 RP 11 R3168 PART 1 It 68.07X 109.67X 110.39X67.23R 0.17AC 68.07FR f Village of Port Burwell Schedule 'A' 4f By -Law 95-63 Prapirtx Address 36 Sspeare PLAN 12 LOT 24 0.20AC 66.00FR 132.001) 40 Shakeopeare PLAN 12 LOT 26 0.20AC 66.00FR 132.00D 42 Sha6empeare PLAN 12 LOT 27 0.20AC 66.00FR 132.00D 44 S6Aespeare PLAN 12 LOT 28 0.20AC 66.00FR 132.00D 34020(1C10010950000(() ••111111 34020000010970000M -1 � 1 1•:1111Ii 46A Shaknpeare 3402000001 099000000 PLAN 12 PT LOT 29 RP 11 R4266 PARTS 3,4 33.14X 137.33X 137.51 X33.26 0.1OAC 33.14FR 46B Shampeare 3402000001099020000 PLAN 12 PT LOT 29 RP 11R4266 PARTS 1,2 33.50X 137.14X 137.33X33.20 O.IOAC 33.50FR 48 Shame are PLAN 12 LOT 30 0.20AC 66.00FR 132.00D SO S 66eapeare PLAN 12 LOT 32 0.25AC 66.00FR 132.00D i.IM ,1 i 1IM,I } Village of Part Burwell Schedule 'A' of By -Law 95-63 52 Shakespeare 340200OW 1102000000 PLAN 12 LOT 33 W\S M 1 LTON LOT 33 EIS SHAKESPEARE 0.40AC 66.00FR 264.001) 54 Shakespeare PLAN 12 LOT 34 0.20AC 66.00FR 1.32.0O1) 56 Shakespeare PLAN 12 LOT 35 0.20AC 66.00FR 132.00D 58 Shakespeare PLAN 12 LOT 36 0.20AC 66.00FR 132.001) 60 Shakespeare PLAN 12 LOT 37 0.20AC 66.0OFR 132.001) 62 Shakespeare PLAN 12 �OT 38 0.20AC 66.00FR 132.001) 34020(lOCi01103(l0(Kl'(l) 3402(1U00i)11060(10000 64 Shakespeare 3402000001108000000 PLAN 12 1_C+T 39 S PT LOT 40 0.22AC 74.00 F R 132.00 D 33 ShA"peare PLAN 12 E PT LOT 27 0.10AC 66.00FR 66.001) 3402000001109000000 35 Shakespeare 34020 0001110000000 PLAN 12 LOT 28, PT LOT 27 66x132&66X66 V.30k 66.00FR Village of Port Burwell Schedule 'A' of By -Law 95-63 37 Siva"peare PLAN 12 LOT 29 0.20AC 66.001= R 132.001) 41 Sha6speare PLAN 12 LOT 32 0.20AC 66.00FR 132.00D 46 Newton PLAN 12 PT LOT 32 0.06AC 42.00FR 66.0017 43 Sha6speare PLAN 12 LOT 33 0.20AC 66.00FR 132.001) 45 Shake"are PLAN 12 LOT 34 0.20AC 66.00FR 132.001) 47 Shakespeare PLAN 12 LOT 35 66.OX 132.00 0.20AC 66.(X)FR 132.001) 49 shAmpeam PLAN 12 LOT 36 66.00X 132.00 0.20AC 66.00FR 132.001) 51 S66opeare PLAN 12 LOT 37 0.20AC 66.00FR 132100D 6 Strachun PLAN 12 S PT LOT 10 SUMMER RESIDENCE 0.06AC 30.50FR 90.001) Roll Number 34020('X X X) I I I { ()4(X X)() 3402000001111000000 344)20(XW 1111020000 34020(}Ii001.11300(XW •! illi! i 1 ! iliiliili!! 3402(I O"1116000000 340200 00111900000f) r 8 Strachan PLAN 12 N PT LOT 10 USED WITH 001-1.19-00 0.03AC 35.50FR 40.001) Village of Port Burwell Schedule 'A" of By -Law 95-63 1 11 i !IMl11 14 Strachan 3402000001124000000 PLAN 197 CLOSED BROCK ST PT 0.19AC 51.00FR 165.001) 30 Strachan PLAN 12 LOT 21 TO 25 W1S SHAKESPEARE PLAN 12 LOT 21 TO 25 E\S STRACHAN 2.25AC 330.00FR 297.001) 32 Strac6n PLAN 12 LOT 27 0.25AC 66.00FR 165.(X)D 1llil !1 1 34B Strachan 3402000001128000000 PLAN 12 PT LOT 28 RP 1 I R3421 PART 2 34.4 X 166.75SX 166.89NX33.95R 0.13AC 34.40FR 34A Strachan 3402000001128020000 PLAN 12 PT LOT 28 RP 11 R3421 PART 1 34.4X 166.89SX 166.9N X33.95 R 0.13AC 34.40FR 36 Strachan PLAN 12 LOT 29 0.25AC 66.00FR 165.001) IILF '1111 i Village ©f Port Burwell ScheJule 'A' cif By -Law 95-63 six. 38 Strachan 34020M)01130000000 PLAN 12 LOT 30 0.25AC 66.+OOFR 165.00D 40 Strad 3402(XXXX)1131000000 PLAN 12 W PT LOT 32 0.19AC 66.00FR 123.00D 42 Strac6n 3402000001132.000000 PLAN 12 LOT 33 TO 34 0.50AC 132.00FR 165.00D 46 Strachan 3402000001133000000 PLAN 12 LOT 35 0.25AC 66.00FR 165.001) 48 Strachan 3402(()0001135000000 PLAN 12 LOT 36 E1S STRACHAN AND BLK NORTH OF LOT 36 119.46X 194.37X 165X217.8 0.64AC 119.46FR 9 Strachan 3402000001139010(li7[1 PLAN 12 E PT LOTS 12,13„ 14 RP 11 R3259 PART 1 0.32AC 159.75FR 88.(X)D 15 Strachan PLANT 12 LOTS 16,17 0.50AC 132.00FR 165.00D 22 WeDington PLAN 12 PT LOTS 19,20 RP 11 R3890 PART 2 0.26AC 83.29FR 137.70D ..,. 1!!! !1!!! 3402()C M)1145000000 Village of Port Burwell ScheJule 'A' of By -Law 95-63 25 Strachan PLAN 12 LOT 23 0.25AC 66.00FR 165.00D 27 Sfrachan PLAN 12 LOT 24 0.25AC 66.00FR 165.(X)D 29 Strachan PLAN 12 E PT LOT 25 0.13AC 66.00FR 82.50D 31 Strachan PLAN 12 E PT LOT 26,27 PR 11 R4049 PART 1 68.48X 122.8X 123.3X69.55 0.19AC 68.48FR 33 Strachan PLAN 12 E PT LOT 27 0.19AC 66.00FR 125.00D 35 Strachan PLAN 12 LOT 28 0.25AC 66.00FR 165.00D 340200000114700000[) 1 11111 , rlfllll 1 itli 1 1 Ifs 37 Strw n 3402000001152000000 PIAN 12 LOT 29 S PT LOT 30 0.32AC 82.50 F R 165.00 Q 39 Strac6n PLAN 12 N PT LOT 30 0.19AC 49.50FR 165.00D 41 Strac6n PLAN 12 LOT 31 0.25AC 66.00FR 165.00D Village of Part Burwell ScheJule 'A' of By -Lary 95-63 43 Strachan 3402000001156000000 PLAN 12 LOT 32 PT LOT 33 67.06X 166.04X 166.03X72.58 0.25AC 67.06FR 45 Strachan 3402000001156000000 PLAN 12 PT LOT 33 RP 11 R5337 PART 1 65.80X 166.03X 166.04X60.50 0.25AC 65.80FR 47 Strachan PLAN 12 S PT LOT 34 0.02AC 33.00FR 33.001) P� �'iRl' r�a�a*r�a1 .i�fi/e R41e 1 6 E rieui 3402000001159000000 PLAN 12 LOT 5 E1S ERIEUS LOT 5 WIS STRACHAN LOT 1S IN LAKE 0.50AC 66.00FR 330.001) 3 Strachan 34020000011600000()[) PLAN 12 LOTS 6 TO 10 E1S ERIEUS LOTS 6 TO 9 PT LOT 10 W\S STRACHAN 2.43AC 24 Brocit PLAN 12 PT LOT 10 RP 11 R2387 PART 1 71.85X89.17X66'.45X 12.95 0.07AC 71.85FR 340200000116001(Y00() 10 E rieus 3402000(X)1161000000 PUN 1.2 W PT LOT 11 0.15AC 66.00FR 90.00D p Village of Part Burwell ScheJule 'A' of By -Law 95-63 12 Ericus PLAN 12 LOT 12 0.25AC 66.00FR 165.00D 34020000011620U0 M 14 Erieus 34020000011+64000000 PLAN 12 LOT 13 PT LOT 14 132X 165XI RRX 122 0.48AC 132.00FR 16 Erieus PLAN 12 LOT 17 0.25AC 66.00FR 165.00D 3402000001165000000 18 Ericus 340200000116600 000 PLAN 12 LOT 18 E1S ERIEUS & LOT 18 W\S STRACFUN 0.50AC 330.00FR 66.00D 20 Ereus 3402(XXW1167000000 PLAN 12 LOT 19 0.25AC 66.00FR 165.00D 22 Ericus 3402000001168000000 PLAN 12 LOT 20 0.25AC 66.00FR 165.00D 24 Ericus 3402()(1a001169000M) PLAN 12 PT LOT 23 0.05AC 30.00FR 82.50D 26 Ericus 3402000001170000000 PLAN 12 PT LOTS 23,24 0.20AC 72.00FR 118.0OD 28 Ericus 3402000001171000000 PLAN 12 PT LOTS 24,25 0.11AC 92.00FR 50.00D r. y Village of Port Burwell Srhedtile "A' of By -Law 95-63 30 E rieus 340200(0011720000[)0 PLAN 12 LOT 26 0.25AC 66.(()FR 165.001) 32 Erieus 3402(0 XX)l.1730(X)000 PLAN 12 LOT 27 0.25AC 66.00FR 165.00D 34 Erieus 3402000001174000000 PLAN 12 LOT 28 0.25AC 66.00FR 165.0OD 36 E rieu■ 340200 )(X)1175000000 FLAN 12 S PT LOT 29 50.00FR 165.00D 38 E ricus 3402000001176000000 PLAN 12 PT LOTS 29,30 0.23AC 60.00FR 165.00D 40 E ricus 3402000001177000000 PLAN 12 LOT 31 N PT LOT 30 0.33AC SS.00FR 165.00D 5-7 Ericus 3402000001178000000 PLAN 12 LOT 8 PT LOT 7 R P 1 I R3556 PART I 99.95X165.11X166.11 X100.67 0.38AC 99.95FR 3 Efims PLAN 12 LOT 6 PT LOT 7 RP11R3556 PARTS 2&3 PCL 6-1 SEC 12 99X 165.11 X 165.11 X99.68 0.38AC 99.00FR r 4 Village of ,Part Burwell Schedule 'A' of By -Law 95-63 L Z©VAddm 3 9-11 Erieus 34(20(XXX)1183000000 PLAN 12 LOT 12 PT LOT 13 SMALL COTTAGES AND SHED 66X 165X135XI RR 0.45AC 132.00FR 13 Erieus FLAN 12 E PT LOT 14 0.05AC 66.00FR 45.00D 17 Erieus PLAN 12 LOT 18 PT LOT 19 0.28AC 76.00FR 165.00D 15 Erieus PLAN 12 PT LOT 17 0.10AC 66.00FR 66.00D 19 Erieus PLAN 12 N PT LOT 19 0.12AC 54.00FR 165.00D 21 Erieus PLAN 12 E PT LOT 20 0.14AC 66.00FR 95.00D 25 Eriew PLAN 12 LOT 22 0,25AC 66.00FR 165.00D 27 Erieus PLAN 12 LOT 23 0.25AC 66.00FR 165.00D 29 Eriew PLAN 12 LOT 24 0.25AC 66.00FR 165.00D 3402MX)01187020000 3402()()(XN)119(XXXXXX) f a '1 0-00. i 10 Village of Port Burwell Schedule 'A' of By -Law 95-63 d a 31 Ericus PLAN 12 LOT 25 0.25AC 66.00F=R 165.001) 33 Ericus PLAN 12 LOT 26 0.25AC 66.0OFR 165.001) 35 Ericus PLAN 12 LOT 27 0.25AC 66.00FR 165.001) 37 Ericus PLAN 12 LOT 28 0.25AC 66.00FR 166.001) 39 E ricus PLAN 12 LOT 29 0.25AC 66.00FR 165.001) 340200OOO 119300(XW 3402000001196000OOO • i # r;, ii ii 41 E ricu, 3402000001199000000 PLAN 12 LOT 30 & GORE LOT NORTFI OF LOT 30 13612.00SF 220.00FR 2 Robinson PLAN 12 LOTS 6 TO 7 ROW OVER LOT 8 132.00FR 165.001) 3402(X)0 i01200(xX10(X) 4 Robinson 3402000001201000000 PLAN 12 PT LOT 8 SUMMER RESIDENCE , 0.07AC 33.00FR 87.00D f 10 Robinson PLAN 12 PT LOT 8 SUBJECT TO R O W 0.07AC 33.00FR 87.001) Village of Port Burwell Schedule "A' of By -Law 95-63 lilll 1 it 1 6 Robinson 3402000001.203000000 PLAN 12 PT LOT 8 AND ROW SLIMMER RESIDENCE 0.06AC 43.00FR 66.001) 8 Robinson 340200 " 1204000000 PLAN 12 E PTLOT8ROW 0.05AC 66.00FR 35.00D 12 Robinson PLAN 12 LOT 9 0.25AC 66.00FR 165.00D 2 Brock PLAN 12 LOT 10 0.25AC 165.00FR 66.00D 16 Robinson PLAN 12 W PT LOT 11 0.11AC 48.00FR 105.00D 3402000001205000000 3402000001206000000 18-20 Robinson 340200"120810(XM PLAN 12 LOT 12 PT LOT 1 I SUMMER RESIDENCE 84X I65 & 48X60 0.39AC 84.00FR 22 Robinson 340200000121000000[) PLAN 12 LOT 13 E1S ROBINSON W PT LOT 13 WIS E RI-E U S 0.30AC 66.00FR 195.001) k, Village of Port Burwell Schedule 'A' of By -Law 95-63 Prapt ty AJAML 24 Rohinson PLAN 12 LOT 14 0.25AC 66.00FR 169.00D 18 Pitt PLAN 12 LOT 15 0.25AC 66.00FR 169.00D 26 Rahinson PLAN 12 S PT LOT 16 0.12AC 39.00FR 132.00D 1211(XXXXX) 34020000012120[XXW 340200 001213000000 28 kohinson 34020(X)00121400000 PI -AN 12 PT LOT 16,17,18 109.5X 132 & 16.5X33 16260.00SF 109.50FR 30 Ro6in can 340200000121500(XW PI -AN 12 N PT LOT 18 8167.00SF 49.50FR 165.00D 32 Ro6inson 3402M)001216000000 PLAN 12 S PT LOT 19 0.14AC 36.00FR 165.00D 34 RAumon 3402(XX)OO1217MX)O0 PLAN 12 PT LOT 19 IW.00SF 22.00FR 70.00D 36 Robinson 3402000001218IX]) ) PLAN 12 PT LOT 19,20 AN D RP 11 R5103 PART 1 74.45X 1 OOXI RRX96.45 7400.00SF 74.45FR 40, Village of Port Burwell Schedule 'A' of By -Law 95-63 40 Robinson 3402000001219(X0(It)(H ) PLAN 12 LOT 22 PT LOT 21 EIS ROBINSON N1S'@OELLINGTON 132X165X125XIRR +0.44AC 132.00FR 42 Robinson PLAN 12 LOT 23 66.00FR 165.00'D 44 Robinson PLAN 12 LOT 24 0.25AC 66.00FR 165.00D 48 Robinson PLAN 12 LOT 25 0.25AC 66.00FR 165.00D 50 Robinson PLAN 12 PT LOT 27 70.74X 139X 157X66 0.22AC 70.74 F R 52 Robinson PLAN 12 PT LC5T 26 71.95X 112X 139X66 0.19AC 71.95 F R 54 Robinson PLAN 12 PT LOTS 28,29 PLAN D-942 PART 1 184.32X 112X 140 T R I 0.19AC 184.32FR 17 Robinson PLAN" 12 PT LOT 14 LIGHT HOUSE 1089.UOS F ' 33.00FR 33.001) 1 i .wr 1 1�11 tt .a►�t t 3402000001224 02(XX X ) 34 0200000122500()00() 16 Village of Port Burwell ScheJule 'A' of By -Law 95-63 ,.*161(qj IN 21 Robinson 3402(X)(W1230000000 PLAN 12 PT LOTS IZI3,14,15 RP 1 I R990 PART 15 42750.00SF 132.79FR 23 Robinson 3402000001231000000 PLAN 12 PT LOT 16 PT LOT 17 0.16AC 70.00FR 99.00D 25 Rubinson PLAN 12 S PT LOT 17 0.08AC 36.86FR 99.00D 27 Robinson PLAN 12 N PT LOT 17 0.06AC 25.00FR 99.00D 3402000(i0I 232(XMX) 3402( 01233000000 29 Robinson 3402(1 X)0012340Cl(}000 PLAN 12 S PT LOT 18 4366.00SF 37.00FR 118.001) 31 Robinson 3402000()01235(M)OO PLAN 12 PT LOT 18 PT LOT 19 RP 11 R3474 PART I 6136.00S F 52:OOFR 118.001) 33 Robinson 3402000001237000000 PLAN 12 PT LOTS 19,20 RP I 1 R4833 PARTS 1,2 8512.00SF 76.00FR 112.00D 35 Robinson 3402000WI238()00OOO PLAN 12 N PT LOT 20 SOUTH HALF i'' ELLINGTON ST 66X 116.67X 119X66 7788.00S F 66.00 F 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Burwell Schedule 'A` of By, -Law 95-63 39 Robinson PLAN 12 PT LOT 21 & PT WELLINGTON ST CLOSED RP I 1 R4606 PARTS 1 & 2 99X 119.38X 102.25X 102.10 11531.00SF 99.00FR ! 11 � '111111 41 Robinson 3402 )OM)1240000000 PLAN 12 S PT LOT 22 2450.00SF 24MFR 100.001) 43 Robinson 3402000001241000000 PLAN 12 N PT LOT 22 3450.00S F 34.50F R 100.001) 47 Robinson 3402(}(X1Cli()I242(XXXX)O PLAN 12 PT LOTS 22 AND 23 0.08AC 40.00FR 49 Robinson Plan 12 Pt Lot 23 0.O6 Ac 33.0 Fr Robinson (Beach area) PLAN 12 LOT 2 TO 5 WIS ER.IEUS PLAN 12 LOT 3 TO 5 EIS ROBINSON 1.10AC 340200t)00 124205(X)OO 3402() XXX)1243000000 10 Beach 34020000012550(XXX)O PLAN 197 PT LOT 15 R O W PART OF BLUFF AND WATER LOT 0.06AC 45.00FR • Village of Fort Burwell ScheAule 'A' of By -Law 95-63 8 Beach PLAN 197 PT LOT 15 R O W RP 11 R3740 PART 14 BLUFF AND REST IN LAKE WITH 1-271-00 22MFR 40.00D k .« , 3402000001256000000 22 George 3402(XXM12590M)(X) PLAN 197 PT LOT 12 RP 11 R4377 PART 1 PART BLUFF AND REST IN LAKE WITH 1-287-00 0.04AC 30.00FR 20 George 3402000001260000000 PLAN 197 PT LOT 12 PART BLUFF AND REST IN LAKE 0.05AC 34.00FR 18 George PLAN 197 PT LOT 12 45X93.71 X71.87XI RR 0.09AC 45.00FR •! ilil . iilll 16 George 3402(XX)OO I 262(XX)OOO PLAN 197 PT LOTS 12,14,15 ROW SUMMER RESIDENCE 45.00FR 100DOD 12 George PLAN 197 PT LOT 15 0.10AC 45.00FR 100.001] [C7i1-111 a f' I I 10 George 3402000001264000000 PLAN 197 PT LOT 15 R O W SLIMMER RESIDENCE 0.21AC 45.00FR 200.00D I Village of Part Burwell schedule 'A' of By -Law 95-63 36 Brock 34020( W1266000000 PLAN 197 PT LOT 15 RP 11 R3740 PARTS 16,24 TO 28 0.46AC 90.00FR 34 Brock 340200000126800(X)(l0 PLAN 197 PT LOT 15 R O W RP 11 R3740 PARTS 15,17-23,31 SLIMMER RESIDENCE 67.50FR 32 Brad 340200"1271000000 PLAN 197 PT LOT 15 & PLAN 12 PT LOT 6-10 EIS STRAC HAN RP I 1 R3740 PARTS 4 TO 13, 29&30 0.62AC 26.46FR 30 Brace 34020000012720000(X) PLAN 12 PT LOTS 6 TO 10 RP 11R1623 PARTS 4-7 & 14 RP 11 R2016 PART I 0.55AC 101.82FR r 4 Strachan 3402000001273( PLAN 12 PT LOTS 6 TO 9 RP 11R1623 PARTS 1-3 241.57X73.63X73.44X227.27 0.39AC 241.57FR 26 Brace 3402000001274000000 PLAN 12 PT LOT 9 RP 11 R4661 PART 2 66.64X84.65X83.07X66.28 0.13A+C 66.64FR 14 Y— . Village of Port Burwell Schedule 'A' of By -Law 95-63 24 Brock PI.AN 12 PT LOT 10 RP 11 R4661 PART 1 81.50X66,64X66.28X83.07 0.13AC 81.50FR . III Numher 3402000001274050000 22 Brock 3402000001275000000 PLAN 12 W PT LOTS 9,10 RP 11 R4661 PART 3 35.50X 132.56X 132.24X35.50 0.11AC 35.50FR 20 Brock PLAN 12 W PT LOTS 9,10 0.13AC 41.25 F R 132.001) 34020(XXX)1276000000 29 Brock 340200(XX)1276980000 PLAN 12 PT LOT 11 RP 11 R4719 PART 1 69.43X66X66.20X69.40 CORNER 0.10AC 69.43 F R 27 Brock PLAN 12 PT LOT l I RP 11 R4719 PART 2 65.17X66.30X66.20X65 , 75 0.10AC 65.17FR 25 Brock 340200000127&XX'i000 PLAN 12 W PT LOTS 11,12,13 SUMMER RESIDENCE 3OX66 & 41.25X 132 0.17AC 30.00F R 41 23 Brock PLAN 12 E PT LOT 11 E OF ERIEUS SUMMER RESIDENCE 0.11AC 75.00FR 66.00D Village of Port Burwell Schedule 'A' of By. -Law 95-63 119111m, R 3402000001279(XXXXX) 21 Brock 340200000128000O000 PLAN 12 LOT 11 OFF WS ERIEUS ST 10890.00SF 165.00FR 66.00D 58 Pitt 34020IX X)12810(XXXX) CON 1 PT LOT 13 PART BLUFF AND REST IN LAKE WITH 1-303-00 ACROSS ROAD 0.17AC 68.00FR 56 Pitt CON 1 PT LOT 13 RESIDENCE 0.46AC 68.00FR 3402000001282(XXXW 54 Pitt 340200(XX)1282010000 CON 1 PT LOT 13 GULLEY,BLUFF AND LAKE WITH 1-282-00 0.58AC 85.50FR 52 Pitt PLAN 197 PT LOT 1 88X202X242X78.75 0.40AC 88.00FR 34020CX 101283000000 50 Pitt 3402000001284000O00 PLAN 197 LOT 2 PT LOT 3 120X 132.67X 166.67X 107.42 0.36AC 120.00FR Village of Port Burwell Schedule 'A'of By -Lawn 95-63 PLQacd;x Ajjm " NUMI,,jr 45 George 3402000001286000(X)O PLAN 197 PT LOTS 2,3,4 0. 11 AC 43.00FR 107.42D 50 George PLAN 197 S PT LOT 13 RP 11 R4377 PART 4 36X42.18XB5.83XIRR 0.06AC 36.00FR 48 Pitt PLAN 197 E F'r LOT 13 RP 11 R78 PART 7 55XI40.66XIRRX105.85 0.34AC 55.00FR 34020(000I 28&)MX)O 46 Pitt 3402000(10128900000O PLAN 197 W PT LOT 13 GORE 0.14AC 65.00FR 182.00D 42 Pitt 340200MO I 29M00000 PLAN 197 PT LOT 15 RP 11 R419 PART I 70.O,7X 127.91 X 160.12X74.82 0.23AC 70.07FR 44 Pitt 340200(W1290010(W PLAN 197 PT LOTS 14,15 RP 11 R78 PART 6 65.82X202.06X227.91X86.54 0.35AC 65.82FR 40 Pitt PLAN 197 PT LOT 15, RP 11 R419 PART 2 60.05X160.12X191.67X60 0.24AC 60.05FR 3402(X)"1290030000 'I IL. Village of Port Burwell Schedule 'A' of By -Law 95-63 38 Pitt 3402000001291000000 PLAN 12 BLK CHURCH PT RP I 1 R419 PART 3 78X144.91X I77.05X78 0.29AC 78.00FR 36 Pitt 34020(X) 01292(XXX aU PLAN 12 BLK CHURCH PT 109.56X 176.88X212.52X79.86 0.42AC 109.56FR 20 Strachan -340200000129 O&)000 PLAN 12 PT CHURCH BLK 98.80X212.52X228.6X 157.74 0.78AC 98.80FR 34 Pitt 3402000001293000000 PLAN 12 BLK PT CHURCH BLK RP 1 I R 3485 PART 1 115.7X61.15X66.0X 100.00 0.15AC 115.70FR 32 Pitt PLAN 12 PT LOTS 14,15 W\S STRACHAN 0.06AC 28.00FR 99.0017 30 Pitt PLAN 12 PT LOTS 14,15 WG S STRAC14A v' 0.13AC 54.50FR 99.00Q 34+02000(X)12940IX1(x1t) 34020000012950MX)O 28 Pitt 34 0001296000000 PLAN 12 PT LOTS 12 TO 15 W1S S'TRACHAN 82.5X 132 & 41.25X 132 '0.38AC 82.50FR Village of Fort Burwell Schedule "A" of By -Law 95-63 26 Pitt 340200" 1297000000 PLAN 12 LOT 15 PT LOT 14 E\S ERIEUS 99X72.7X76X99 0.17AC 99.00FR 76.00D 20 Pitt 3402(XXW 129&XX)( 0 PLAN 12 PI" MARKET SQUARE ONE FOURTH OF MARKET SQUARE WORKS DEPT STORAGE AREA 0.10AC 66.00FR 66.00D 24 Pitt 3402000001299000000 PLAN 12 PT MARKET SQUARE ONE FOURTH OF MARKET SQUARE FIRE MALL AND SERVICE BLDG 4356.00SF 66.00FR 66.00D 22 Pitt 3402000001300000000 PLAN 12 E PT LOTS 14,15 W\S ERIEUS 53X66 AND 74X66 IRR 0.19AC 53.00FR 20 Pitt 3402000M 130 1000000 PLAN 12 W PT LOTS 14,15 W\S ERIEUS 0.14AC 42.00FR 132.00D 5 Eli,mb et% 3402000001302000000 PLAN 30 PT BLK A 70X 19OX221.72X64 ' 0.30AC 70.00F9 Village of Port Burwell scheJule'A'o,f By -Law 95-63 46 Pitt 3402000001303000000 PLAN 30 BLK B PT BLK A SUMMER RESIDENCE 112-36XI44.31XI90XIOI 0.39AC 112.36FR 43 Pitt 34020(XW1304000000 PLAN 30 E PT LOT I S1..'MMER RESIDENCE 77.82X 108X 142X70 0.20AC 77-82FR 39 Pitt 340200(M1305000000 CON I PT LOT 12 OR PT UNNUMBERED LT N\S PITT SUMMER RESIDENCE 0.08AC 45.00FR 66-OOD 37 Pitt 3402000001306000000 CON I PT LOT 12 OR PT UNNUMBERED LT N\S PITT RP I I R4843 PARTS 3 & 5 103.5X66X74.41X97.66 0. 15AC 103.50FR 33-36 Pitt 3402(X1000130700(XX)O CON I PT LOT 12 OR PT UNNUMBERED LOT N\S PIT'r PT LOT 18 S\S WELLINGTON 2.57AC 31 Pitt 3402000001308000(W PLAN 12 PT UNNUMBERED BLK CON I PT LOT 12 135-34X162-65X184.58X122.07 0.50AC 132.00FR 165.(X)D V Village of Port BurweH ScheJule 'A' ©f Bp -Law 95-63 I 29 Pitt 34()20(XXX)130801(XXX) PLAN 12 PT UNNUMBERED BLK RP 11 R2149 PART 2 71.08X 165.24X 162.65X68.39 0.21AC 71.08FR 27 Pitt 340200(XX)1309000000 PLAN 12 PT UNNUMBERED BLK RP 11 R2149 PART 1 62.83X 163.78X 165.24X68.39 0.26AC 62.83FR 25 Pitt 3402000001310000(W PLAN 12 BLK CHURCH PT 3.20AC 23 Pitt 340200"1311000000 PLAN 12 LOT 16 E1S ERIEUS 0.15AC 99.00FR 66.00D 21 Pitt 3402(X)0()[)1312000000 PLAN 12 PT MARKET SQUARE ONE FOURTH MARKET SQUARE 0.10AC 66.00FR 66.00D 21 Pitt 3402000001313000000 PLAN 12 PT MARKET SQUARE ONE FOURTH MARKET SQUARE MUNICIPAL OFFICE 4356.00SF 66,OOFR 66.001) 19 Pitt 3402000001314000000 PLAN 12 LOT 16 PT LbT 17 ERIEUS N WEST MARKET SQUARE 0.29AC 99.00FR 132.QOD Village of Port Burwell Schedule 'A' of By -Law 95-63 17 Pitt 34020000013150000(X) PLAN 12 E PT LOTS 16,17 E1S ROBINSON SUMMER RESIDENCE 0.10AC 33.00Fk 132.(X)D 70 WeDington 3402000001316000000 PLAN 12 PT LOT 13 UNSUB TWP BLUFF,BEACH AND LAKE WITH BAYHAM 001-030-00 3.22AC 62 Wellington CON 1 PT LOT 13 SS COUNTY RD 42 4.90AC 50 Wellington CON 1 PT LOT 13 RP11R3857 PART 1 82.84X 150.00 0.28AC 82.24FR 150.001) 5 j WeD.ington CON 1 PT LOT 13 RP11R3857 PART 2 82.84X 150.00 0.28AC 82.24FR 150.00D 56 Wellington CON 1 PT LOT 13 RP 11 R4505 PART 1 ON ANG O.34AC 98.94FR 1+65.00D 34020(X)OOI 317 (XX X XX ) 3402000001317020000 11111 .11 Village of Port Burwell ScheJule 'A' of By -Law 95-63 Puwa AlAmu 58 WeNington CON I PT LOT 13 RP 11 R4505 PART 2 ON ANG 0.34AC 98.94FR 165.001) 60 Wellington CON I PT LOT 13 RP I I R4505 PART 3 ON ANG 0.34AC 98.94FR 165.001) I McCord CON I PT LOT 13 PLAN RD7 PART I & ROW SUMMER RESIDENCE 0.35AC 66.00FR 230.001) 3 McCord CON I PT LOT 13 PLAN RD6 PART I & ROW SLIMMER RESIDENCE 0.35AC 66.00FR 230.001) RoH Numbel 340200(MI317080000 3402(XXW1317100000 3402(i X)0132(X1(X7(XX) 5 McCord 3402(XX)001321000000 CON 1 PT LOT 13 PLAN RD 5 PART 1 & ROW SUMMER RESIDENCE 0.35AC 66.00FR 230.001) 7 McCord 3402000001322000000 CON I FT LOT 13, PLAN RD 4 PART I & ROW SUMMER RESIDENCE 0.35AC 66.00FR 230.00D 11 Village of Port Burwell Schedule 'A'of By -Law 95-63 I 9 McCord 3402000001323(XXXW CON I P'T LOT 13 PLAN RD 3 PART I & ROW SUMMER RESIDENCE 0.35AC 66.00FR 230.00D 11 McCord CON I PT LOT 13 12 FT ROW SUMMER RESIDENCE 0.29AC 66.00FR 194.00D 44 Welhngton 3402000001324000000 CON I PT LOT 13 93.12X I 23-36X I 18.33X94.32 0.25AC 93.12FR 48 Wellington CON I PT LOT 13 RP I I R576 PART I 72-46XI65XI94.88X66 0.27AC 72.46FR 46 Wellington 340200(XX)1324020(X)O CON I PT LOT 13 95.85X I 18.33X123-36X94-32 0.25AC 95.85FR 42 Wellington 34tY200" 1325000000 CON I PT LOT 13 TRUSTEES FOR PORT BURWELL BOY SCOUT GROUP 149.3X I 18.33X 131.95X 148.5 18625.00SF 149.30FR 1-j A1 Village of Port Burwell Schedule 'A' of BY -Law 95-63 Pro psrtX Allrom Ralf N +mher 4o Wellinoon 34020000013260(10000 PLAN 30 LOTS 8 - 10 W1S ELIZABETH BAYHAM-PORT BU'RWELL LEGION 32670.00SF 165.00FR 198.001) 36 Wellington 34020(X)001327000000 PLAN 12 LOT 20 S OF WELLINGTON 8712.00SF 66.00FR 132.00D 34 Wellington CON I PT LOT 12 0.38AC 99.00FR 165.001) 32 Wellington CON 1 PT LOT 12 0.27AC 71.28FR 166.98D 30 Wellington CON 1 PT LOT 12 0.35AC 92.0(7FR 166.(>0D 28 Wellington CON 1 PT LOT 12 48.5X166.98X165XIRR 0.1 SAC 48.50FR 26 Wellington COIF 1 IT LOT 12 0.21AC"` 56.00FR 165.00D 34020(XW 1 328(XXXXX) TO CE 1 141 340200000133300(X(X) 24 Wellington 340200M)1334000000 PLAN 12 LOT 20 ' RP 11 R3890 PART 1 0.26AC 83.29FR 137.70D -.1p Village of Port Burwell Schedule 'A' of By -Law 95-63 18 Wellington 3 020000013woomm PLAN 12 PT LOT 20 WIS ERIEUS 2904.00SF 9U.00FR 66.00 16 Wellington PLAN 12 PT LOTS 19,20 WIS ERIEUS PT LOTS 19,20 EIS ROBINSON 98X66 & 67.5X30 8526.00SF 98.00FR 340200"1336(k70 XX) 53 Wellington 3402000001337000000 CON 1 PT LOT 13 PLAN 30 LOT 27 WIS ELIZABETH 28.00AC 47 Wellington PLAN 12 LOT 21 TO 22 WIS VICTORIA 0.40AC 132.00FR 132.0OD 45 Wellington PLAN 12 E PT LOTS 21,22 WIS MILTON , 0.20AC 66.00FR 132.00© 41 Wellington PLAN 12 PT LOTS 21, 22 EIS SHAKESPEARE RP 11 R3130 PARTS 4 & 5 86.93X 118.08X 118.07X86.93 0.24AC 86.93FR 37 Wellington PLAN 12 E PT LOTS 21,22 WIS STRACHAN 0.25AC 82.50FR 132.001) 3402000[X)1338000000 3402=")1339000 00 3402000001341000000 "Village of Port Burwell Schedule 'A' of By -Law 95-63 35 Wellington 34(32()()( X)1343(}fXX)OO PLAN 12 W PT LOTS 21,22 W1S STRACHAN 0.25AC 82.50FR 132.00D 33 Wellington PLAN 12 PT LOT 21,22,23 E\S ERIEUS 0.31AC 82.50FR 165.00D •1 1 lil •.� Its 31 Wellington 3402000001345()0 OOO PLAN 12 PT LOTS 21,22,23 EIS ERIEUS 0.26AC 82.50FR 135.(()D 29 'Wellington 3402(XXX)O 1346()(l+[)(W PLAN 12 E PT LOT 21 4092.00S F 62.00 F R 66.00D 2.5-27 Wellington 3402(.XMX) 1347(XXX (x) PLAN 12 E PT LOT 21 5214.00SF 79.00FR 66.00D 23 Wellington 3402000001348000000 PLAN 12 W PT LOT 21 1320.00SF 20.00FR 66.()i)D 21 Wellington 3*)2(XX)(X)134900(0 0 PLAN 12 PT LOT 21 WIS ERiE['S PT LOT 21 E1S ROBINSON GF RR 0.07AC 44.00FR 66.00D 30 Waterloo PLAN 12 LOT 25 EIS SHAKESPEARE 0.20AC 132.00FR 66.00D 0 -P Vi lage of Port Burwell Schedule 'A' of Bp-Uw 95-63 24 Waterloo PLAN 12 PT LOT 25 W1S STRACHAN 0.12AC 82.50FR 66.00D 22 Waterloo 3402000001353000000 PLAN 12 PT LOTS 23,24,25 E1S ERIEUS 0.18AC 47.00FR 165.001) 20 Waterloo PLAN 12 PT LOTS 24,25 E1S ERIEUS 0.14AC 68.00FR 92.00D 31 Waterloo 3402(0000 1355000000 PLAN 12 W PT LOTS 26,27 W1S MILTON 0.20AC 66.00FR 132.00a 31 Ska"peare PLAN 12 LOT 26 0.20AC 66.00 F R 132.00I) 27 Waterloo ' PLAN 12 LOT 26 E1S STRACHAN 0.25A+C 66.00FR 165.00D 34020(X X)O 135 7000000 25 Waterloo 34020(XWI358(XXXXX) PLAN 12 W PT LOTS 26 % 27 WIS STRAC 14AN 0.14AC 40.00F R 132.001) 43 Newman PLAN 12 LOT 30 WIS MILTON 0.20AC 66.00FR 132.00 } 340200000135900(XXX) 4 1 • Village of Port Burwell Scheclule 'A' of By -Law 95-63 45 Newton PLAN 12 LOT 30 W\S SHAKESPEARE 0.20AC 132.00FR 66.00D 6H N.W1. 3402(X)00013600(X)(X)O 102 Robinson 3402000001362000000 PLAN 12 PT UNNUMBERED BLK 0.27AC 68.71 FR 169.28D 100 Robinson 3402000001362010000 PLAN 12 PT UNNUMBERED BLK RP 11 R1662 PANT 1 0.31AC 79.89FR 169.28D 96 Robinson PLAN 12 E PT LOT 40 9OX17OX118X32 0.16AC 90.00FR 94 Robinson PLAN 12 W PT LOT 40 E1S S14AKESPEARE 84X118X69X100 0.18AC 84.00FR 63 S66speare UNNUMBERED LOT NORTH OF PLAN 12 LOT 37 W\S SHAKESPEARE 152.32X170X94X132 0.40AC 152.32FR 3402(XM] 1363000000 •! 11l1! 1 ! 72 Robinson 3402000001367000000 PLAN 12 PT LOTS 34,35,36 'BLS STRAC 1 AN 12OX185X12OX33 0.30AC 120.00FR 40, i Village of Port Burwell Schedule 'A' of By -taw 95-63 70 Robinson PLAN 12 W PT LOTS 34,35,36 W1S STRACHAEN 95X 120X86XIRR 0.36AC 95.00FR 68 Robinson 3402MW/369000000 PLAN 12 E PT LOTS 33,34,35 E1S ERIEUS 0.31AC 142.00FR 42 Erieus 340200000.1370000(XX) PLAN 12 LOT 32 W PT LOT 33 E1S ERIEUS 0.28AC 75.00FR 101 Robinson CON 1 PT LOT 12 397x210x 140xI RR 397FR 97 Robinson PLAN 12 LOTS 9 AND 10 132X180X140?C132 0.48AC 132.00FR 3402000001372000000 !1l11 1l11! 95 Robinson 3402000001375000000 PLAN 12 LOT 8 RP 11 R 1073 PART 3 65.73X 183.07X 184.96X64.31 0.27AC 65.73FR 93 Robinson PLAN 12 LOT 7 RP 11 R 1073 PART 2 65.73X 181.2X 183.07X64.31 0.27*C 65.73FR 3402(XXXX)137600(X)(X) Village of Port Burwell ScheJule 'A' of By -Lawn 95-63 91 Robinson 3402100001377000000 PLAN 12 LOT 6 RP 11 R1073 PART 1 65.73X 184.69X 181.2X64.98 0.27AC 65.73FR 89 Robinson PLAN 12 LOT 5 0.27AC 66,OOFR 180.00D 87 Robinson PLAN 12 LOT 4 0.27AC 66.00FR 180.00D 85 Robinson PLAN 12 LOT 3 0.27AC 66.00FR 180.00U 83 Robinson PLAN 12 LOT 2 AND CON 1 PT LOT 12 RP 11 R4309 PARTS 1,2 & 3 72X256.78X237.2X74.15 0.37AC 72.00FR 81 Robinson PLAN 12 LOT 1 AND CON 1 PT LOT 12 RP 11 R 1006 PART 1 90.21 X276.71 X256.78X8,97 0.29AC 90.21 FR 34020000013780(M)O 3402000001379000000 3402(XX)OO 13800(XXXXl 34020(X)001382(XXX)0() f 75 Robinson ' 34020000013850000(x) PLAN 98 LOT 2 'W' PT LOT 1 AND PT LOTS 15 TO 18 GORE 1.05AC 132.00F R Village of Port Burwell Schedule 'A' of By -Law 95-+63 73 Robinson PLAN 98 LOT 3 0.24AC 66.00FR 159.72D 71 Robinson PLAN 98 LOT 4 0.24AC 66.00FR 159.72D 67 Robinson PLAN 98 LOTS 5,6 PT LOT 7 ERIEUS PT LOT 19 SIS WATER 155X 132.99X185XIRR [1.69AC 155.00FR 34020000013870000M 63 Robinson 3402000001389000000 PLAN 98 PT LOTS 8 TO 12 RP I I R2511 PARTS 1 TO 9& I 1 0.61 AC 59 Robinson PLAN 98 PT LOTS 8-9 RP 11 R2511 PART 10 65.62 X 4921 X 55.77X65.95 O.OBAC 65.62FR 79 Robinson PLAN 98 PT LOTS 13,14 REAR LAND SUMMER -RESIDENCE 0.23AC 3402000001391000000 2 Cowper 3402000001394000000 PLAN 12 PT UNNUMBERED LOT NORTH OF LOT 5 W1S BRIDGE 90X 13OX 175X82.5 O.29AC Village of P Schedule `A' of 4 Bridge PLAN 12 LOTS 34,35,36 AND P`f' LOTS 5 AND 6 BLK 16 PT UNSUBDIV LOT N OF LOTS 1.40AC 10 Bridge PLAN 12 LOT 33 70.13X 128.11 X 145X66 0.21AC 70.13FR 5 Bridge CON 1 PT I.OT 11,12 13.69AC 78.07FR 3 Bridge CON I PT UNSUB LOT 11 5.72AC 176.12FR C6tham CON 1 PT LT 11 ©v OF I 1 R990 PART 2 66OX IRR 1.043 ACRES 58.75X60 0.081 ACRES IRR 1.12AC 2 C6t6m CON 1 PT LOT 11 437.58X202.54X430.35 TRI 1.13AC 437.58FR 34020000 34020(XX) 1i 3402(XX)C 1�1 4 C 6t6m , 34+02000 PLAN 12 PT HOTCHKISS BI_K 165X282X223.4X 180.64 0.95AC 165.00FR Village of Fort Burwell Schedule "A' of By -Law 95-63 6 Chatham PLAN 12 LOT 28 0.25AC 66.00FR 165.00D 8 Chatham PLAN 12 LOT 29 0.25AC 66.00FR 165.00D 10 Chatham PLAN 12 LOT 30 0.25AC 66.00FR 165.00D 10A Chatham PLAN 12 LOT 31 0.50AC 66.00FR 165.00D b'O 3402O000()140900000() -r rrrr • rrrrr r 340200(W1411000000 34020('X)001411010000 12-14 Chatham 34020(>L)OO 1412000000 PLAN 12 LOT 33 1o8gO.00SF 66.00FR 165.00D 16 Chatham PLAN 12 LOT 34 0.25AC 66.00FR 165.00D JI 18 Chatham PLAN 12 LOT 35 0.25AC 66.00FR 165.00D 20 Chatham PLAN 12 LOT 36 0.25AC 66.00FR 165.00D 22 C6&= PLAN 12 LOT 37 0.25AC 66.00FR 165.00D 34()200000141300(l(l O 3402000001414tXXX 0 3402000001415000000 • iair r . ilii'r Village of Port Burwell Schedule 'A' of By -Law 45-63 . roperiy AAAres, 24 Chatham PLAN 12 LOT 38 0.23AC 66.00FR 165.00D 26-28 Chatham PLAN 12 LOT 39 0.52AC 198.00FR 174.0017 RAIfit 3402000(X)1417(XXX)(X) 34 Chatham 3402000001419000000 CON 1 PT LOT 11 RPI I R 3750 PART 1 83.66X86.65X 118.33X99.9r8R 0.20AC 83.66FR 1 Cowper 3402000001419020000 CON 1 PT LOT 11 RPI 1 R 3756 PART 23 228.86X86.65X273.51 0.2IAC 228.86FR Cis EIS 340200(X)01420000000 PLAN 12 PT LOT 11 UNSUB TWP 1.36AC Brjge EIS 3402000001421000000 CON I PT LOT 11 R P I I R3651 PART 2 15.92AC 1159.14FR 1 Bridge CON I PT LOT 11 RP I I R 1252 PART I 364.89X278.SX360 TR1 1.c4AC 364.89FR 60 Chatham CON I PT LOTS 11,12 9.00A+C 3402000001422000000 00 ra l 1 Chatham CON 1 PT LOT 10 0.09AC 50.00FR 175.00D Village of Port Burwell Schedule 'A' of By -Law 95-63 3402000001426000000 5 Chatham 34020t10001427000000 CON 1 PT LOT 10 UNSUBDIVIDED PT PLAN 228 53.5X 169.77X 165X93.47 0.28AC 53.50FR 7 Chatham CON 1 PT LOT 10 0.40AC 104.78FR 165.00D trrf� :fr�r�� 11 Chatham 34(VO00001431000 W PLAN 12 LOT 24 PT LOT 23 0.31AC 82.50FR 165.00D 13 Chatham PLAN 12 PT LOT 25 RP I 1 R2732 PART 1 0.13AC 83.37FR 66.70D 4 Burwell PLAN 12 PT LOT 25 RP 11 R2732 PART 2 83.37X66.7OX66.7OX83.44 0.13AC 83.37F R 15 Chatham PLAN 12 PT LOTS 26 & 27 RP 11 R4411 PART 2 79.40X&3.35X83.3X79.40 CORNER 0.15AC 79.40FR w It 1 II�I�M1 3402000001432050000 3402000001433000000 Village of Part Burwell Schedule 'A' of By -Law 95-63 5 Burwell 3402000001433020000 PLAN 12 PT LOTS 26 % 27 RP 11 R4411 PART 1 83.39X79.4OX 79.40X83.30 0.15AC 83.30FR 17 Chatham 3402(XX)001434000(X)O PLAN 12 PT LOT 27 0.20AC 54.00FR 165.00D 19 Chatham 3402000001435000000 PLAN 12 LOT 28 0.25AC 66.00FR 165.00D 21 Chatham 3402(XXW1436()(X1(X) PLAN 12 LOT 29 0.23AC 66.00FR 165.00D 23 Chatham 3402000001437000000 PLAN 12 LOT 30 0.25AC 66.00FR 165.00D 25 Chatham 3402000001438000000 PLAN 12 LOT 32 0.25AC 66.00FR 165.00D 27 Chatham 34020(X)f101439000000 PLAN 12 LOT 33 VACANT LOT 0.25AC 66.00FR 165.00D 29 Chatham 340200000144000000 PLAN 12 LOT 34 SUMMER COTTAGE 0.25AC 66.00FR 165.00D r is Village of Port Burwell Schedule 'A' of By -Law 95-63 1'- uRcLty Ajdreas 31 Chatham PLAN 12 LOT 35 O.19AC 66.00FR 165.001) 33 Chatham PLAN 12 LOT 36 0.25AC 66.00FR 165.65D 35 Chatham PLAN 12 LOT 38 0.25AC 66.00FR 165.001) 37 Chatham PLAN 12 LOT 39 0.25AC 66.00FR 165.00D 39 Chatham Plan 12 Lot 40 66.00FR 165.00D 41 Chatham PLAN 12 LOT 41 0.50AC 66.00 F R 165.00D 43 Chatham PLAN 12 LOT 43 0.25AC 66.00FR 165.00D 45 Chatham PLAN 12 LOT 44 0.25AC 66.00FR 165.00D 47 Chatham PLAN 12 LOT 45 SUMMER RESIDENCE 0.25AC 66.00FR 165.00D 34020000014450(H)O O 340200(X)01447000000 • ra ilii • •: rrrrr 34020(0 X)1449( 00000 3402000(X)1449000006 3402()()(X)0I451(X")00 34020(X)(X)1452(X)(l)OO rert•t.rTrr. r.r.� Village of Port Burwell scheJule 'A' of By -Law 95-63 I WRIMS RR9 49 Chatham PLAN 40 LOT 46 SUMMER RESIDENCE 0.25AC 66.66FR 166.65D 51 Chatham PLAN 40 LOT 47 0.25AC 66.66FR 166.651) 53 Chatham PLAN 40 LOT 48 0.25AC 66.66FR 166.651) 34020(XW14550)0(") 55 Chadum 3402()(X1)O I 468(XXUX) PLAN 40 LOT 49 W CI JATI ]AM 0.26AC 66.66FR 166.651) 57 Chatham 3402000001469000000 PLAN 40 LOT 50 S PT LOT 51 0.37AC 99.99FR 166.651) 59 Ch&dU= 3402000001470000000 CON 1 PT LOT 10 & PLAN 40 LOT 52 PT 51 W\S CHATHAM LOTS 50 TO 52 E\S ADDISON COMMUNITY CENTRE BALL PARK 3.42AC 256,29FR 59 Ckatham, 3402(XXM1471000000 CON I PT LOT 10 412.93X1369.69X1369.7X408.68 12.30AC 412-93FR 61 Chatham 3402000001471010000 CON I PT LOT 10 412.92X1369.7X1369.75X408.68 12.30AC 412-92FR Village of Part Burwell Schedule 'A' of By -Law 95-63 2 Addison PLAN 12 LOT" 21 0.25AC 66.00FR 165.001) 4 Addison 3402000001473000000 PLAN 12 LOT 22 SUMMER RESIDENCE 0.25AC 66.00FR 165.00D 6 Addison 34020(XW1474000000 PLAN 12 LOT 23 0.25AC 66.00FR 165.00D 8 Addison 3402000001474010000 PLAN 12 LOT 24 SPLIT FROM 1-474-00 0.25AC 66.00FR 165.001) 10 Addison 3402000001475M]rO X) PLAN 40 LOT 25 FORMER PLAN 12 0.25AC 66.00FR 165.O01) 12 Addison 3402000001476000000 PLAN 12 LOT 26 0.25AC 66.00FR 165.00D 14 Addison 34020(X)(X)1477000000 PLAN 12 LOT 27 0.25AC 66.00FR 165.00D 16 Addison 3402000001478000000 PLAN 12 LOT 28 0.25AC 66.00FR 165.00D 18 Addison 3402000001479000000 PLAN 12 LOT 29 .0.25AC 66.00FR 165.001) U Village of Port Burwell S+cherlule A' of By -Law 95-63 Ewwju1AAA= in'oU N um oer 20 Addison 344)2000001480000000 PLAN 12 LOT 30 0.25AC 66.00FR 165.(x)I) 22 Tennyson 340200(M 148100(XX)O PLAN 40 LOT 32 ES ADDISON ST 0.25AC 166.65FR 66.66D 24 Addison 340200(1001482000000 PLAN 40 LOT 33 0.26AC 66.66FR 166.65D 26 Addison 3402000001483000000 PLAN 40 LOT 34 0.25AC 66.66FR 166.65D 28 Addison 3402000001484000 PLAN 40 LOT 35 SUMMER RESIDENCE 0.25AC 66.66FR 166.65D 30 Addison 340200"14850041OCK) PLAN 4(] W PT LOT 36 0.12AC 66.66FR 80.00D 2 Southey 34020(XXX) 1481)0(()(X) PLAN 4.0 E PT LOT 36 SUMMER RESIDENCE 0.13AC 86.65FR 66.66D 34 Addison 3402000O01489020000 PLAN 40 LOT 39 T 0.50AC 133.32FR 16i5.65D I 11',ro.i' d I r .. 32 Addison Street Vacant lot Plan 40 Pt Lot 38 RP 11 R5793 Part 2 63.2x 163.6x 164.2x63.2 36 Addison PLAN,` 40 LOT 40 0.25AC 66.66FR 166.651) 38 Addison PLAN 40 LOT 41 CORNERLOT 0.25AC 66.66FR 166.651) 40 Addison PLAN 40 LOT 43 SUMMER RESIDENCE 0.25AC 66.66FR 166.65D 42 Addison PLAN 40 LOT 44 SUMMER RESIDENCE 0.25AC 66.66FR 166.65D 44 Addison PLAN 40 LOT 45 SUMMER RESIDENCE 0.25AC 66.66FR 166.65D 46 Addison PLAN 40 LOT 46 SUMMER RESIDENCE 0.25AC 66.66FR 166.65D 48 Addison PLAN 40 LOT 47 0.25AC 66.66FR 166.65D VdIage of Port Burwell Schedule 'A' of By -Law 95-63 34020(X ]w()14►890000(X) fir wrrrrrrr 3402(xx x])1491000000 3402000001492(XM) 34020()()()0149300000[) 3402(XXX)01494()0000() 3402000001495000000 ,_� Village of Fart Burwell Schedule 'A' ©f By 6w►'95-63 50 Addison PLAN 40 LOT 48 0.25AC 66.66FR 166.65D 52 Addi k)n PLAN 40 LOT 49 0.26AC 66.66FR 166.651) 127 Faye PLAN 228 LOT 127 SUMMER RESIDENCE 50X 129.3EX 123.8X50 0.14AC 50.00FR 128 Faye PLAN 228 LOT 128 SUMMER RESIDENCE SOX 135.3EX 129.3X50 0.15AC 50.00FR 129 Faye PLAN 228 LOT 129 SUMMER RESIDENCE 5OX 141 EX 135.3X,50 50.00FR 130 Faye PLAN 228 LOT 130 SLIMMER RESIDENCE 78X144EX141X50 0.19AC 78.00FR. 1 Libbye PLAN 191 LOT 1 R O W SUMMER RESIDENCE. 5OX205EX193XIRRI;G 013AC 50.00FR 3402000001497000 D(X) 340200(>00149 7020000 3402()LXW 1499000000 34(Y000001500 XXX") 340200000150100OQ()() 34020000015020(X)o00 34020000011;030(XXX)O 0 1'y,�tr y Aj r ss 2 Li66ye PLAN 191 LOT 2 SUMMER RESIDENCE 5OX193EX181XIRR 0.22AC 50.00FR 3 Lib6ye PLAN 191 LOT 3 SUMMER RESIDENCE 50X181EX169XIRR 0.20AC 50.00FR 4 Li66ye PLAN 191 LOT 4 SUMMER RESIDENCE 5OX169EXIMIRR 0.19AC 50.00FR Village of Fort Burwell Schedule 'A' of By -Law 95-63 . i iii i• i 340200 001505000000 iii i•il ii 5 [-ib6ye 3402000001507000000 PLAN 191 LOT 5 E PT LOT 6 SUMMER RESIDENCE 75X 157EX128XIRR 0.16AC 75.00ER 6 Li66ye PLAN 191 PT LOTS 5,6 SUMMER RESIDENCE 37.5X 128X 117XI RR 0.11AC 37.50FR 7 L%66ye PLAN 191 PT LOT 7 SUMMER RESIDENCE 37.5X 117.0X 101.0XI RR 0.09AC 37.50FR M 340200(M I5080000M 8 Libbye FLAN 191 LOTS SUMMER RESIDENCE 5OX 101 X74.5XI RR 0.10AC 50.00FR 9 L1 CON 1 PT LOT 9 SUMMER RESIDENCE 0.14AC 50.00FR 120.00D 10 Ubye CON 1 PT LOT 9 SLIMMER RESIDENCE 0.11AC 50.00FR 95.(X)D 11 Libbye CON I PT LOT 9 SUMMER RESIDENCE 40X88 & 40X81 0.16AC 80.00FR 12 Lthhye CON 1 PI' LOT 9 & RP 11 R3034 PART 1 SUMMER RESIDENCE 0.12AC 52.00FR 1 A,iley PLAN 228 LOT 102 SUMMER RESIDENCE. 0.25AC 60.00FR 140.001) 3 "Jay FLAN 228 LOT 86 TO 87 SUMMER RESIDENCE 95.2X204.4 E X 182.5Xb0 0.36AC 1 Village of Port Burwell Schedule 'A' of By -Law 95-63 3402000001510000000 3402000001513(XXXx x ) 34020(D(W1514(XXX1(1() ■ �. * � 1 R 11 yJJ 34020(X X X)1516(XX)00[) r. I Z* Village of Port Burwell Scheclule 'A' of By -Law 95-63 CON I PT LOT 12 PT LOT 13 3402000002001000000 RP 11 R764 PART I TO 2 EAST BEACH BREAKWATER 13.60AC CON I PTLOT II 340200XW20020(0X)0 PORT BURWELL HARBOUR CROWN PROPERTY PLAN T2154 59,82AC CON I PTLOT I1 340200(7002003000000 RP I I R2446 PART 6 PT CHATHAM ST CLOSED E\S 1. 1 OAC GAS DISTRIBUTION LINES 3402(MX)2004000(XX) THROUGHOUT MUNICIPALITY 20.00FR PORT BURWELL SUBDIVISION 3402000002007(4)0X) SECTION 38 OF THE ASSESSMENT ACT IRR ABANDONED RIGHT OF WAY 5.53AC ? PORT BURWELL SUBDIVISION 340200(XX)200705(XXX) SEC 38-ASSESSMENT ACT 8.07AC 1 Pitt 3402(10(X)02008000000 PLAN 12 PARTS RP 11 R990 PART 5 TO PART 14 IRR 7.65AC 1% MMMINWIM Clmthmn E1S PLAN 12 PARTS RP 11 R990 PART 1 IRR 4.33AC C6tham MS PLAN 12 PARTS RP 11 R990 PART 2 IRR 3.28AC Village of Port Burwell Schedule 'A' of By -Law 95-63 34 02c1o0002f>09000aX) 6-8 Bridge 3402000002011000000 PLAN 12 PARTS RP 11 R990 PART 3 ALSO INCLUDES 9 BRIDGE 6.00AC 9 Bridge CON 1 PT LOT 11 RP 11 R990 PART 4 0.90AC 306.21 F R 340200(X )2012000000 CON 1 S PT LOTS 8,9,10 PLAN 12 PT UNSUBDIV LOT 10 RP 11 R2446 PT 5, RP 11 R3199 PTS 1 &2, RP 11 R3233 PART 1 PORT BURWELL PROVINCIAL PARK 453.62AC 34020((X)02 013( (XX)(1[) r j 0 . -4erA i , THE CORPORATION OF THE VILLAGE OF PORT BURWELL P, 0- Box 10, Port Burwell. Ontarw NO) I TO telephone (519) 874-4343 • fax (519) 874-4948 I'M a TT10 Date: December 7, 1995 To: Council From: D. Free Re: Municipal. Addressing 'System Council: As the final process to renaming our streets as permitted by Bylaw 95-50 new addresses must be assigned to the houses affected. The attached bylaw pr(ngdes both the authority to readdress existing buildings and building lots in order to permit consistency and access for emergency services. The activity is best explained in the letter to a typical affected ratepayer and one of a number of affect emergency service providers. Bylaw 87-20 has assigned addresses however in what might be described, as an inarticulate manner. The attached bylaw formalizes the addressing which will coincide with assessment information and our municipal GIs (geographic information systems). I would request that Council consider the attached bylaw for immediate enactment in order that publication and readdressing can occur immediately. T'lre municipality currently has a number of "house numbers" (white metal) of which can be distributed on a first came basis without cost. Please review the attached at your earliest convenience providing your direction accordingly. David Free Fncls. Tom Nesbitt Reeve DwW K Free, CET. AMCT(A) Administrator/Clerk-Treasurer Cc urwAtors D Mason, J Hevenor, G Loucks. C AIIm d f ►r r'�� . �P' n'vv����ri oy� o � " ��a.X�•-.moo;! /✓�1�' ���•? . i .r+ger jig ? ,71 4 Poe f�r- /// --5z-.;, �1'n'S 34-02-6 a. or. ITRACKAN *t txiR a f 4i 9: 1 1 ST. all via VICTORIA Wr. win lk RX 9;w 48: 10 ■ 1 iv ' PLAY 40 momER ST., •174 a-,Fi �w O' li' +• d' :OWPER r !hw 1•Y71 a'W}�1 a•11L r r OUTHEY ST» �" p•swa a,�� „_ 0;•spa ! ' w . r YQY �I p•YY] S 01-464 t•465 :i Q1•440 t q•,IS p 1`,bz a -+S] QI•+11a'• w I� p• S74 ; r Ypl a-YS1S } ti 1-450 ot r-,T5 ov 4w 01- 410 Ak77o b. 3 wow �•,ai w r ��r/� %TERLOO 5" MAr •f }at M. 01 • Y71 L 5 • oz-olz _,'F1.D1•• : t%'"I SI dl•YOa s6 ' 1, 47A J . ' '•� r,az h Ot-00C :LI�ItQTOM ST, tl• ll,n 5H L �■rhy� 'a4 {■' t• 5 3 it 1 rw ON- V514 pt • 1]b WATERLOO ST. Ie. Q 0y'220 i 01.81] 0%-y94 p•z]] INC f mryn wr r WELLINGTON ST. 0,■ a•zAI v ICA �dYJtfA`Ay IIMniOI[� lul� Tltlf !�✓ f AP► A L!� pp�1A1 =11■AIIA M /MIA[% YiLLAGE OF PORT BURWELL PITT ST. Numbering of buildings, etc -- s. 112 112. For numbering the buildings and lots along any highway, beach, park, reserve or any other property in the municipality that it is considered necessary to number by the council, and for affixing numbers to the buildings and for charging the owner or occupant with the expense incident to the numbering of the lot or property. (a) Such expense may be collected in the same manner as taxes, and, if paid by the occupant, subject to any agreement between the occupant and the owner, may be deducted from the rent payable to the owner. (c) Canada Law Book Inc. 1995 THE VILLAGEOF PORT BURWELL BY-LAW NUMBER 87-2+0 Being a by-law for numbering the buildings and lots along any high- way, beach, park, reserve, or any other property in the Municipality. WHEREAS Chapter 3+02, Section 210, Paragraph 106 and 107 R.s.O. 1980 authorizes Council of the Corporation to affix numbers to buildings and to assign numbers to all properties and for charging the owner or occupant with the expense incident to the numbering of his lot or property. THEREFORE Council of the Corporation of the Village of Port Burwell enacts as follow: I. The north side of each street shall be odd numbered and the south side shall be even. 2. The west side of each street shall be odd numbered and the east side shall be even numbered. 3. The Clerk shall keep a record of the numbers of the building lots and buildings and other properties. 4. The north south streets shall commence with zero at the lake. The east west streets shall start at zero at Addison street.. 5. Each building or house where appropriate shall have a number assigned to the front door, and shall be numbered on the street on to which the front door opens. 6. The house numbers shall be affixed at least 1.5 meters up from ground level and be visable. 7. The numbers shall each be at least 10 centimeters (4 inches) measuring from the top to bottom. 8. The owner of a dwelling containing more than one residence may 9. The numbers shall be a contrasting colour to the background that the number is affixed to. 10. After November 1, 1987 any building without the designated number affixed shall have the number offered at the direction of Council, and the cost shall be collected in the ease manner as taxes, or in the case of an occupant the cost may be deducted from rent payable to the owner. This by-law to come into effect upon date of passing and all by- laws inconsistent are hereby rescinded. MOVED BY CNDBD 8Y at -at —DATE Sf j� That by-1 mg-2-04be read a first ti Read and c r'ed. MOVED BY A44 SECONDED B ATE 3f That by-law n er 87-20 be rea �a_ s onAjj time. R a ng dispensed. MOVED BY ` SECONDED BY 4( The by-law be read a third time. finally passed and carried. . DAT 1gW A?� ceding dispensed Q'ith, PORT BURWELL HOUSE NUMB RS During September or October 1987 the 'Port Burwell Voluntary Fire Department will be going to all dwellings in Port Burwell to help you number your house. They will be equipped with 4 inch black vinyl letters -> and they will offer to attach these to some wooden part of your house. You may: (1) let them put up your number with the black vinyl or (2) put up the black vinyl numbers yourself or (3) you may put up your own numbers that you have purchased yourself • The Firemen will not affix numbers to metal or vinyl siding. 7 1S W : !!r trV' r4 a S 5*,--t1,,F1elSo.J 0�,oCl /"AIl T CAA. WAS ff Me C c ...`_ .`ti R �r !3►z:.�6�s� G �r � 7°�•f rx 3 � u e/ / I THE VILLAGE OF PORT BURWELL BY-LAW "quMBER 87-20 Being a by-law for numbering the buildings and lots along any high- way, beach, park, reserve, or any other Property in the Municipality. WHEREAS Chapter 302, Section 210, Paracraph 106 and 107 R.S.O. 19go authorizes Council of the Corporation to affix numbers to buildings and to assign numbers to all properties and for charging the owner or occupant with the expense incident to the numbering of his lot or property. THEREFORE Council of the Corporation of the Village? of Fort Burwell enacts as follow: 1. The north side of each street'shall be odd numbered and the south side shall be even. 2. The west side.of each street shall he odd numbered, and the east Aide shall be even numbered. 3. The Clerk shall keep a record of the numbers of the building lots and buildings and other properties. 4. The north south streets shall commence with zero at the lake. The east west. streets shall start at zero at Addison street. S. Each building or house where appropriate shall have, a number assigned to the front door, and shall be numbered on the street j on to which the front door opens. 6. They house numbers shall be affixed at least 1.5 meters C-p- from ground level and be v i sabl e . tt 7. The numbers shall each be at least 30 centimeters (4 inches) measuring from the top to bottom. B. The owner of a dwelling containing more than one residence may add to the designated number a part digit or letter to ide}ntifY Ae±Ach separate residence. 9. The numbers shall be a contrasting colour to the background that the number is affixed to. 10. After November 1, 1987 any building without the designated. nun0per affixed shall have the number offered at the direction of Council, and the cost shall be collected in the same manner as taxes, or in the cane of an occupant the cost may be deducted f roni rent payable to the owner. House No. 02 04 0 4ft*C-10 ',wmE 14 jrr,^c 16 18 l�Sc 6 283 r 47 3 8 �40-y+ T AVe",E 4 L 4 4 kfix,oO 4 6 48 --W I i PLEASE NOTIFY THE CLERK AT THE MUNICIPAL OFFICE ;IF YOU SPOT ANY ERRORS OR OMMISIONS. NUMBERING VILLAGE HOUSES Roll number Name 0 001 472-00 Chamberlain Brian Gordon S0 001 473-00 Walton avi John 001 474-00 1jrnMn_..bAir-A-.-azx 001 475-00 Lillee Denis Eugene 001 476-00 Gil_lig MargRr„e-110y 001 477-00 A 001 478-00 Rg1son Far&d1,► i;dmazd 001 479-00 Hgwn usalusah 001 480-00 a 001 482-00 H o bel 001 483-00 Ro 001 484-00 ShaaL�7 i : - R 001 484-00 SmXAAL n rii--? 001 489-00 Guest k=xAn- George 001 490-00 2RIVv 001 491-00 001 492-00 len 001 493-00 i 001 494-00 a y 001 495=00 it 001 496-00 Mur 001 497-00 Sha ..25Y 0 L-AUJ-r6 Aj --X-4v-5pk Se4cH 37' 262 CPS w; jderL 7r .►ems �r U 0 O 0 O 0 0 Descrintion Addison E/S Addison E/S Addison E/S Addison E/S Addison EIS Addison E/S Addison E/S Addison E/S Addison E/S Addison F/S Addison E/S Addison E/S Addison E/S Addison E/S Addison E/S Addison E/S Addison E/S Addison. E/S Addison E/S Addison E/S Addison E/S Addison E/S T.- Re-RU RDU "R,40 VL RU RU RU RU F?1; RU RDU RU RU RDU RDU RU RU RU 29 001 259-00 Lawton Joesph O Beach N/S VL 001 264-0 0 Beach N/S RDU 001 263-00 0 Beach N/S VL 001 262-00 Wilder James Gi n Reach N/S RDU 18 001 261-00 Manio nald Patrick 0 Beech N/S RU 0 Reach S/S VL 001 255-0 0 Beach S/S VL �1 001 421-00 Bradfield Ronald 0 Bridge RU 0 001 400-00 Stephenson Frank Laurence 0 Bridge N/S RU 001 399-00 552855 Ontario Ltd. T Bridge N/S COM 001 399-00 552855 Ontario Ltd. T Bridge N/S VL 001 399-00 Conservation Authority 0 Bridge N/S ` 002 399-00 345990 Ontario Ltd. 0 Bridge N/S VL 001 399-00 Elliot Jack T Bridge N/S RU 002 011-00 345990 Ontario ltd. 0 Bridge S/S 002 011-00 345990 Ontario Ltd. 0 Bridge S/S VC1 11 4 001 396-00 Brown Ralph Walter C} Bridge W/S RU 06 002 011-00 Bradcranex Inc. T Bridge S/S OT 08 002 011-00 Martin Larry Douglas T Bridge 5/S OT 08 022 011-00 Martin Larry Douglas T Bridge S/S COM 001 394-00 henneth Reid Chatham at Bridge IgL+ �} 001 276-00 Smith Robert Bruce _ 0 Brock RDU 1 001 280-00 Cooper Ernest Arthur 0 Brock N/S RU 2 001 275-00 Cookson Margaret Ann 0 Brock S/S VL 001 279-00 Moyes John William 0 Brock N/5 RDU 001 278-00 Morley Wilfred 0 Brack NIS RDU 2 r 001 277-00 Landry Florent. Joesph C) Brock N/S RU Vu2 Ve7►*1%, 04 101 £r 8 ,/I J , 3 9 1iPI r7 19 r w., 21 (Tpo,62 3 001 407-00 Fulham Ronald S O Chatham E/S RDU 001 408-00 Foster John Allan U Chatham HIS 001 409-00 McConkey Francis Wilfred 0 Chatham E/S RU 001 410-00 Unrau Frar17 0 Chatham E/S 001 411-01 Capitano Bernard T Chatham E/S RU 00I 412-00 Dubuque Helen(restbchouse) 001 413-00 Axford Daniel B 0 Chatham E/S 001 414-00 Remgin Development Ltd. 001 415-00 Tait James Edward 0 Chatham E/S 001 416-00 Calvert Robert W 0 Chatham E/S RU 001 417-00 Bradt Edward Isaac 0 (;hatham E/S RU 001 418-00 Spaltenburger Joesph JR 0 Chatham E/S Spaltenburger J. 001 421-00 Jedriak Edward 0 Chatham E/S FRU 001 419-00 Wilson Marion Gertrude 0 Chatham E/S RU Reid Ken Chatham at bridge �,�� Ih' nc�c". S 001-426-00 �) Chatham W/S 001 428-00 Travis Erma Evelyn 0 Chatham W/S 001 431-00 Smyth Marvin Charities 0 Chatham W/S 001-432-00 D,annibale Waterloo at Chatham 001 433-00 Robinson Alice 0 Chatham W/S 001 434-00 K rygsman Pauline 0 Chatham W/S 001 435-00 Blanchet Pierre Michael, 0 Chatham W/S 001 436-00 Neil. Cyril O Chatham W/S 001 437-00 Robertson Dorothea M 0 Chatham EIS L4 -1 sCk�,Rv c �. 1 25 001 438-00 C>H>M>C. [Lemay] 0 Chatham W/S 27 001 439-00 Hans Randell 0 Chatham W/S 'ice 7 001 440-00 Verton John 0 Chatham W/S 001 445-00 Fisher Betty 0 Chatham W/S 3 001 447-00 Young Amy Melissa 0 Chatham W/S 296^*3 •// 001 448-00 Mitchell Gordon W O Chatham W/S 001 449-00 Kaufmann Geraldine 0 Chatham W/S 001 451-00 Wolf Heimrich Georzen O Chatham W/S 001 452-00 Diedisch Theo 0 Chatham W/S 001 453-00 Mole Donald William 0 Chatham W/S 001 454-00 Weeks Kenneth A 0 Chatham W/S 001 455-00 Rep'Helene Majewski Dec O Chatham W/S 154 1 001 466-00 Allin Terry Wayne 0 Chatham W/S vt3 001 467-00 Mole Donald Jess 0 Chatham W/S .X,� 001 468-00 Nickerson Betty Jean 0 Chatham W/S v°' 001 469-00 Liberty Nancy Mary 0 Chatham W/S ti/61 001 471-00 Spicer Allan Mervin 0 Chatham W/S RW 0211fIPAZ 001 001-00 Jacobs Louis 0 Elizabeth E/S 001 002-00 Watson Hugh 0 Elizabeth EIS i 9, vB6 001 003-00 Carnegie Robert Eugene O Elizabeth E/S /O 001 004-00 Mason David Charles 0 Elizabeth E/S 001 005--01 Whitney Ernest 0 Elizabeth E/S 001 005-02 Lama Anthony 0 Elizabeth l� 001 005-07 Gee Marlin O Elizabeth E/S e SVTN*kn"- Elizabeth at Wellington 001 006-01 Loucks Gordon Lee 0 Elizabeth E/S � r 1j y'Q5. 001 302-00 Southhall 0 Elizabeth �rrJQ7 001 007-00 Carlisle Barbara 0 Elizabeth W/S i{ ✓t .00-1 00k"O J8r;56EAq 8E9qIMAR -C4A&gnk6 0 Elizabeth W/S rd 1•►ji 001""001--vo.- jyF�r.d1EA - ►se ''�"t t?'S: _ - _0 Elizabeth W/S !T V13 001 010-00 Foote Sandra Joan 0 Elizabeth W/S ,,IV"i 001 011-00 Sutherland Beverley Joan 0 Elizabeth W/S rZ 7 001 012-00 Wistow Chester A 0 Elizabeth W/S 001 013-00 Lauterbach Erich Alfons 0 Elizabeth W/S 001 016-00 Caers George John 0 Elizabeth W/S 10 001 016-01 Fort Burwell Public 0 Elizabeth W/S NI 7 001 017-00 Binzig Kaethe A W 0 Elizabeth W/S :XIL 9 001 018-00 Tribe Victoria 0 Elizabeth W/S 13 J 001 019-00 Genetello Ronald Emiel 0 Elizabeth W/S s� 001 020-00 Couture Stephen Joesph 0 Elizabeth 001 022-00 Durling Clarence 0 Elizabeth W/S 001 023-00 Harrell Thomas Francis 0 Elizabeth W/S 94 001 024-00 Martin May 0 Elizabeth W/S a707 001 028-00 Smyth Norman Jack 0 Elizabeth W/S a RDU 'RDU kDU RU Rl". RU RDU RDU RU RU RU RDU VL RU RU RU RU VL RU JO2 001 24 3-00 Hamilton Brian T Erieus W/S COM �q 001 161-00 Vyse .lean C) Erieus E/S RU 30 � 2— 001 1f2-00 Chenz Hong Ho 0 h r i e u s E/S RU 3! L-4 ' 001 1 f 4-00 Macey Bob 0 Erieus F/S 32.✓16 001 165-00 Hughes Douglas Elmer (} hrieus E/S RU 43✓ 18 001 166-00 Jenkins Blanche () I%rieus E/S RDII 3 001 167-t1() Fngolfsurd Elizabeth L 0 Erieus E/S RU .11) 001 16R-00 Loucks Norman Bruce O Erieus E/S RU 5�/�24 001 1614-00 Brooks Douglas }high O Erieus E/S COM 77Y26 001 170-00 Black Lawrence Arthur 0 Erieus E/S RU 1)&48 001 171-00 Vanness Eileen Hazel 0 Erieus E/S RU 39 0. 001 172-00 Scott Lottie Ellen 0 Erieus E/S RU w L 001 173-00 Warren John I}ouglas t} Erieus EIS RU V(,/:l4 001 174-00 Bartolacci Att.ilio 0 Erieus E/S RU y,2.3 ', 001 175-00 Vaughan Phillip V JR 0 Erieus F/S RDU 0 8 001 176-00 Foote Bonnie: Gretchen Erieus E/S kL+ y4 001 177-00 Thompson Velma Eleanor 0 Erieus E/S Ru �S 001 370-00 Roesch Kenneth Andrew 0 Erieus 5/5 001 :164-00 Foster William Arnold U Erieus 5/S RI; 001 '36f3-00 McK i bbon Stuart Marshall 0 Erieus S/S I?U 8 001 367-00 Williams .lame-, Francis U Erieus 5/S Rt; 001 365-00 Elliott. Ernes' Jack 0 l±rieus S/S RU 4f 4 001 363-00 Collins Wanitn Rose 0 Erieus S/S RU 5bV IS8 001 3G2-00 Barber latura I Erieus S/S 51 001 178-00 Cookson Harry- R () ;Erieus W/S SZ + 001 178-00 Ferry- Glen George T Erieus W/S RU S3L-i 001 183-00 Lemay Marion Gail Erieus i%/S frq- 001 185-00 Fort Burwell Village 0 Erieus W/S VL tS 001 18.7-00 Underhill Ma-t: 0 Erieus W/S 001 188-00 Aylmer and `ialahide 0 Erieus W/S S4 001 189-00 Vincent Helen 0 Erieus W/S f7 001 190-00 Matthews Lee Burton 0 Erieus W/S 001 191-00 Shelly Frederick Thomas 0 Erieus W/S 57 001 192-00 Manion Anne Shirley 0 Erieus W/S 001 193-00 Manion Donald Patrick () Erieus W/S 001 194-00 Millard Richard Thomas 0 Erieus V%/S 5 001 196 -00 Spaitenburger Joesph Jr 0 Erieus 'W/S &ID. 7 001 197-00 Rep Alta McKibbon Dec 0 Erieus W/S 9 001 198-00 Hurley Ralph Leroy 0 Erieus W/S � � 1 001 199-00 United Church of Canada 0 Erieus W/S 001 387-00 Kinsey Orland Ross 0 Frieus N/S 001 386-00 Brown Myrtle Natalie O Erieus N/S I7t 001 385-00 Barrick Noble Clarence C) Erieus N/S 001 391-UO Driver Gerald H- 0 Erieus N/S 001 384-00' Barrick Noble ? 0 Erieus N/S 001 383-00, Barrick Noble 0 Erieus N/S G$ 001 382-00 Marr Kenneth Gordon 0 Erieus N/S I,[-.K5 001 381-00 Tremblay John 0 Erieus N/S 74/'57 001 380-00 Manion Donald Patrick 0 Erieus N/S 59 001 379-00 Atkins Lena Erma 0 Erieus N/S 1 001 378-00 Culver Gail Janet 0 Erieus N/S 13 3 001 377-00 Bradfield Edna Mabel 0 Erieus N/S 7Y,/65 001 376-00 Bradfield Ralph Norman 0 Erieus N/S 001 375-00 Bradfield Edward 0 Erieus NIS 001 374-00 Brisseau Bernard Clarence 0 F:rieus NIS 7<03 001 372-00 Granger Robert Loyall O Erieus N/S 128 001 500-0- 0 Faye S/S T I an 001 5 0 2 - 0 0 _. 0 Faye S/S RDU 27 001 4 9 9 - 0 0 ton O Faye S/S RDU 129 001 501-00 lenn 0 Faye S/S RDU `050 001 287-00 Lawton Joesph 0 George W/S RU 53 001 021-00 Herzig Linda' 0 George NIS RDU (June L ©C 02 001 504-00_JL les W' 0 Libbye S/S RDU 04 001 506-00 mes . n 0 Libbye S/5 RDU 06 001 5 0 8 - 0 0 eth O Libbye S/S RDU 08 001 510-00 0 'Libbye S/S RDU 10 001 512-00 NAA 0 Libbye S/S RDL. 12 001 514-00 E 0 Libbye S/S RDU 01 001 503-00 r () Libbye S/S RDU 03 001 5 0 5 - 0 0 d 0 Libbye S/S RDU 05 001 507-00 1d -vd 0 Libbye S/S RDU 07 001 509-00 G GordoiT_ 0 Libbye S/S RDU 09 001 511-00 _ 0 Libbye S/S RDU 11 001 513-00" ob 0 Libbye S/S RDU 7G 001 084-00 Croxford Edward George 0 Milton W/ 001 081-00 Neville Harvey O Milton W/S VL 3 001 085-00 Wysevelde Lidia Gregory 0 Milton W/S RU ayy/41 01 086-00 Theoret Robert Joesph 0 Milton W/S RU • �01 087-00 Toth Dorothy Mary 0 Milton W/S VL - 001 360-00 Mathews Edgar Floyd 0 14C= �d 001 088--00 Jackson Earl Henry 0 Milton W/S RU 001 090-00 Smyth Wanita Eileen 0 Milton W/S VL 001 091-00 Syubbs John 0 Milton W/S VL ! 001 300-00 'union Donald Patrick 0 Pitt S/S ILI 001 299-00 Port. Burwell Village 0 Pitt S/S Y3 001 2.97-00 Shelly Frederick Thomas 0 Pitt S/S RU 'iI 8. 001 296-00 Lenz Robert 0 Pitt S/S RU IT', 001 295-00 Kirkpatrick Kenneth ThomasO Pitt S/S RU ii 001 294-00 Scanlan Bruce Edwin 0 Pitt S/S RU 001 309-00 Vacant V 'Pitt NIS 17 - 001 293-00 Braun Johan Martens 0 Pitt S/S 1 6 001 292-00 Bock Klaus Dieter 0 Fitt S/S Y U J -cot 273-06 ar V4 of [] SW W q0 Y'a 001 291-00 Dyck Harold 0 Pitt S/S RU 044-4-8 0 Pitt S/S RDU PI 40 001 290-00 dames Lorraine Marie 0 Fitt S/S pZ 1 001 001 290-00 290-00 Arb j A 0 0 Pitt S/S Pitt S/S RDU 001 289-00 ountry a o n A 0 Pitt S/S RU ,f S� 001 288-00 Stephenson John --Franklin 0 Pitt S/S VL Q _$ 6aQ5+.Xr+is�] -- 0 Pitt S/S c)ol 001 28 0TA GAe p'[RRc 0 Pitt S/S RDU qt 001 315-00 Monaco Mario 0 Pitt N/S RDU t ?2Z11;"- 001 314-00 Wolf Gerhard Gerzen 0 Pitt NIS RU 001 312-00 Port Burwell Office 0 Pitt NIS VL �.� 001 311-00 Harris James William 0 Pitt NIS � 5• 001 310--00 Anglican Church of Canada 0 Pitt NIS REL � 001 309-00 Dyck Albert O Pitt NIS roY 9. 001 308-00 Hawkins Florence V 0 Pitt 'CIS RU �► 001 308-00 Scott Martin Laurence 0 Pitt NIS RU 404l'' 001 307-00 Barber Norman James 0 Pitt NIS COM r.7i3�a 001 307-00 Barber [Greenacresj 0 Pitt NIS ri•p■ 0 Pitt N / S RDU �a 001 306-00 Sawyer Jack G ARA(;E 0 Pitt NIS RU 39 001 305-00 McHugh James B _ 0 Pitt NIS RDU �o + AEI. 3aYf -00 CA V*1"YV kATW,R:Ad CP Pitt RU pa 001 303-60 Farlow M V Joyce 0 Pitt N/S RDU CIS 2 001 200-00 Ross .lames 'Travis 0 Robinson E/S 04 001 201-00 Utting William Charles 0 Robinson RDU 05 001 203-00 Kettlewell Howard L 0 Robinson EIS RDU 08 001 204-00 Rickwood Gordon I{ 0 Robinson F/s RDU '�02 001 202-00 Becker Graham 0 Robinson E/5 RDU 001 205-00 Adams E William 0 Robinson E/S RU 001 206-00 Herr Richard George 0 Robinson E/S RU 001 207-00 McConkey Ila Pearl 0 Robinson E/S RU V2'1 IS 001 208-00 Manion Donald Patrick 0 Robinson EIS RDU 001 210-00 Reid Wilmot Ervin 0 Robinson E/S RU ItiV4j� 4 001 211-00 Kemp Mavis 0 Robinson E/-S 26 001 213-00 Bradcranex Inc. 001 214-00 Frank Stephenson Food 0 Robinson EIS 3 001 215-00 Liquor Control Board Ont. 0 Robinson 001 216-00 Barrie Vincent A 0 Robinson E/S VCI 001 217-00 Stephenson Timothy Frank 0 Robinson 1/S 001 218-00 Tradewinds 0 Robinson E/S COM 001 218-00 McBride Randell Philip 0 Robinson E/9 001 219-00 Kaufman Elsie 0 Robinson E/S RU 001 220-00 Ostranders Funeral HomeLtd© Robinson E/S .,VL ,. 001 221-00 Lockrey George Bennett 0 Robinson E/S RU 1 48 001 222-00 Underhill Max Edward 0 Robinson E/S 2 01C,F_ 2 001 224-00 Shaw Christopher R 0 Robinson E/S RU 54 001 225-00 Martin Larry Douglas 0 Robinson E/S RU 001 212-00 Port. Burwell Lighthouse 0 Robinson EIS 001 230-00 Bradcranex Inc. 0 Robinson W/S 001 231-00 Glover Elva O Robinson W/S 001 232-00 Manion Donald Patrick 0 Robinson W/S 001 233-00 Manion Donald Patrick O Robinson W/S ' 001 234-00 Manion Anne Shirty 0 Robinson W/S y f 001 235-00 Chalk Annie C 0 Robinson W/S w63 001 237-00 Harding Laura 0 Robinson W/5 1,45. 001 238-00 Canadian Imperial Bank O Robinson W/S g. 001 2.39-00 Toth Louis Victor O Robinson W/S 001 240-00 Roesch Mary Patricia 0 Robinson W/S rJ'1 001 241-00 Foster Alan Lyal O Robinson W/S 47 001 242-00 Bradcranex Inc. 0 Robinson W/S 001 094-00 Neville Loreen O Shakespeare E/S N1 001 095-00 'Neville Harvey Richard 0 Shakespeare E/S flu 001 096-00 Paterson Marion Margaret 0 Shakespeare E/S 113 001 097-00 Shelly Edward Hrailsford O Shakespeare E/S .,y LA#' 001 098-00 Mathews Kenneth Malcolm 0 Shakespeare E/S n 001 100-00 Alward Harry Owen 0 Shakespeare EIS ►►F 001 101-00 Smith Kenneth Edward 0 Shakespeare R/S �i 001 102-00 Crocker Gordon Leonard 0 Shakespeare E/S rr7� aq' 001 103-00 Smyth Wanita Eileen O Shakespeare E/S '`f- 5 001 104-00 Stafford Lloyd 0 Shakespeare F/S 001 105-06 Smith Carl L 0 ;Shakespeare E/S art 001 106-00 Nickerson Wayne 0 Shakespeare E/S 001 107-00 Dyck Johan 0 Shakespeare E/S 001 108-00 Charlton John 0 Shakespeare E/S rLlc�.13 001 356-00 B1yth Charles Pennycook 0 Shakespeare W/S lta 001 109-00 Rnss Donald 0 Shakespeare W/S 001 110-00 Smyth Jack Norman O Shakespeare W/S ra3 001 111-00 Mathews Edgar 0 Shakespeare W/S 1zV1 001 112-00 Howick Gordon O Shakespeare WIS 001 113-00 Tate Larry 3orbie 0 Shakespeare W/S 02-C,49 001 115-00 Granger David Loyall O Shakespeare W/S /Z.A."51 001 116-00 Fehr Mary 0 Shakespeare W 001 119-00 Kanter Hans 0 04 001 273-00 Kanter Hans 0 127 V68 001 2.68-00 Stock 'Susan 0 001 266-00 Murphy Anthony F 0 12y 001 124-00 Brisseau Lenard Edward O 0.IV() l IF/ ' A/ Southey S/S Strachen E/S Strachen E/S Strachen E/S Strachen E/S Strachen E/S VL VL RU VL VL RU Rl RU RU RU RUB V1. 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E/S VL .40 4 001 038--00 Smithson Donald C 0 Victoria E/S RU ITC �.- 001 039-00 Caers George John 0 Victoria E/S RU 03) 001 040-00 Caers George John 0 Victoria E/S VL is. 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Victoria W/S sTl�r+r ►51 001 075-00 McCord David John' 0 Victoria W/S Kt �7*,O-S3 001 076-00 Fveland Frank Stanley 0 Victoria W/S / 5 001 077-00 kedekop Peter W 0 Victoria W/S RU g 001 078-00 Stubbs John 0 Victoria W/S RU 001 079-00 Mooney John G T Victoria W/S RU "9 001 079-00 Roman Catholic Episcopal 0 Victoria, W/S ►to 1 001 080-00 Leatiherdale C Lorry T Victoria W/S COM ftL 001 354-00 Durling Clarenco- David () Waterloo S/S 'ti 001 353-00 Hoshal Harold Harvey 0 Waterloo S/S RU 11 44 001 352-00 Anderson Steven Douglas +0 Waterloo S/S RU 001 351-00 Scanlan Mabel Pearl 0 Waterloo.S/S HU af 001 358-00 Ronson W' J Reginald 0 Waterloo NIS 7 /47V5 001 357-00 Marr Doug 0 Waterloo '�IVdI 001 355-00 McCurdy Ralph Ivan () Waterloo N/S V11 Ifa 001 336-00 liwarciany Richard 0 Wellington S/S !srF 001 335-00 The Aylmer & Malahide 0 Wellington S/S tfD,pile 6 001 168-00 Loucks Norman (l Wellington rti : 001 334-00 Stephenson John Ernest 0 Wellington S/S RU 1f2Vj 001 333-00 Shelly George Brian T Wellington S/S RU pr9 6 001 333-00 Canada Mortgage Housing [) Wellington S/S ,r 001 332-00 Toth Dorothy Mary 0 Wellington S/S RU 30 001 331-00 Kerr Alastair Innes 0 Wellington S/S RU3 , lg2f ,3�t 001 329-00 Scanlan Arthur George 0 'Wellington S/S RU 34 `001 328-00 Barber Norman James, 0 Wellington SIS 0T Z7�+� r �'47�if� 1Riuw+c3�F. .s ►ic V,36 001 327-00 Caers George John 0 Wellington S/S COM 40 001 326-00 Port Burwell Bayham 0 Wellington 8/5 IT lf70i2• 001 325-00 Tait Wilfred b Wellington S/S U% /Fgw44 001 324-00 burling Clarence William 0 Wellington S/S R[ ,tfx6 001 324-00 Nesbitt Thomas Allen 0 Wellington S/S RU y��![8 001 324--00 Croxford Allen 0 Wellington S/S RDU' • 50V 001 323-00 Burleiah Gary Ernest 0 Wellington S/S 11DU 52 001 323-00 Flick Margaret 0 Wellington S/S 54- 001 322-00 Robertson Carl Alexander 0 Wellington 5/S RDU 5& 001 321-00 Roberts Robert Nelson 0 Wellington S/S RDU 58 001 320-00 Barn Vera*G 0 Wellington S/S Rips 1260* 001 319-00 Skelton John Robert 0 Wellington S/S RDU 2oi/�21 001 349-00 Manion Donald Patrick 0 Wellington NIS 001 348-00 Uurst Paul 0 Wellington N/S 001 347-00 Stewart Madeline Florence 0 Wellington NIS 7 001 347-00 Public Works Canada T Wellington N/S FG 2eW29 001 346-00 Port Burwell Village T Wellington NIS l.G ;.A1 001 345-00 tarty Elwood Robert 0 Wellington N/S HU 001 344-00 Kindy Norman Gerald 0 Wellington N/S RU' -� y/ 001 343-00 Hendrick Norman Albert T Wellington NIS RU r,,A7 001 342-00 Underhill Max Edward 0 Wellington NIS 001 341-00 Van Beers Michael 0 Wellington NIS RU 001 340-00 Port Burwell Village 0 Wellington NIS VL Om 001 339-00 Redmond Aubrey- Daniel 0 Wellington NIS RU 47 001 338-00 Elliot James Wright. 0 Wellington N/S ✓53 001 338-00 Scanlan V Wellington N/S RU 14{Nc,�,t,_r5� 5 001 006-05 Todd Norman Burl 0 Wellington NIS RU u Roi'j f\D10SbIm+... ;41-i qf-N M The Corporation of the Village of Fort Burwell Post Office Box # 10 21 Pitt Street Port Burwell, Ontario By -Law 95-64 Beim a By -Law to enter into an agreement with Bradcranex Incorporated for the supply and installation of two Fire Hydrants within the Village of Port Burwell. WHEREAS the Municipal Act, RSO, 1990 c. M45, s 102 as amended gives powers to every council to pass such by-laws and male such regulations for the health, safety, morality and welfare of the inhabitants of the municipality in matters not specifically provided for by this Act and for governing the conduct of its members as :may be deemed expedient and are not contrary to law, and; Whereas Corporation of the Village of Port Burwell is desirous to enter into the attached Agreement forming Schedule "A", with Bradcranex Incorporated for the supply and installation of two Fire Hydrants within the Village of Port Burwell. Dead a first and second 'me this 9th day of January, 1996. Re Ad mistrator/Clerk-Treasurer Read a third time this 9th day of January, 1996. I AGREEMENT THIS AGREEMENT made in triplicate this 9th day of January, 1996. BRADCRANEX INCORPORATED 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 request for quotation for this wont, 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 Supply and Installation of Two AVK Dry Barrel Fire Hydrants within the Village of Port Burwell. 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 $7,125.00. 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 alcove written. Signature of Corporation witnesses & position held Corporation of the Village of Port Burwell Post Office Box # 10, 21 Pitt Street Port Burwell C OP ND] qo A��-�Z' Ad ' rator/Clerk-Treasurer 2 Signature of Contractor or Seal of the Corporation Seal of the Municipal Corporation AGREEMENT THIS AGREEMENT made in triplicate this 9th day of January, 1990. BETWEEN BRADCRANEX INCORPORATED 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 request for quotation 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 descrihed 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 Supply and Installation of Two AVK Dry Barrel Fire Hydrants within the Village of Port Burwell. 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 $7,125.00. This agreement shall ensure to the benefit of the Muniepality 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 witnesses & position held Corporation of the Village of Port Burwell Post Office Box # 10, 21 Pitt Street Port Burwell CAN NOJ 1Ta e zf-?a istrato r/Clerk-Treasurer 2 Signature of Contractor or Seal of the Corporation Seal of the Municipal Corporation AGREEMENT THIS AGREEMENT made in triplicate this 9th day of January, 1996. BETWEEN BRADCRANEX INCORPORATED 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 request for quotation 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 Supply and Installation of Two AVK Dry Barrel Fine Hydrants within the Village of Port Burwell. IN CONSIDERATION WHEREOF, Said party of the second part agrees to pay the Contractor for all work done, the fined price in the amount of $7,125.00. This agreement shall ensure to the benefit of the Municipality and the binding upon the heirs, executors, admiidstrators 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 witnesses & position held Corporation of the Village of Port Burwell Post Office Box # 10, 21 Pitt Street Port Burwell ON NUJ 1TO A m' rator/Clerk-Treasurer OA Signature of Contractor or Seal of the Corporation Seal of the Municipal Corporation 01 THE CORPORATION OF THE VILLAGE OF PORT BURWELL P.O. Box 10. Fart Burwell. Ontario NUJ ITO telephone (519) 874-4343 • fax (519) 874-4948 Memo To: Council From: D. Free Re: Bradcranex - Installation of Fire Hydrants Date: January 5, 1996 In the flurry of Christmas Holidays and attempting to complete year end projects I was personally remiss in attending to a By -Law and contractual agreement with regards to the supply and installation of fire hydrants at strategic locations within the municipality. These fire hydrants were installed as a measure of additional fire protection in areas which were absent of adequate water supply. Under the provisions of the Purchasing By-law the scope of work was properly tendered and we received only one return tender from Bradcranex. The price that was quoted was below the estimated budget of the project, therefore in the absence of comparative prices from other contractors it seemed that Bradcranex s tender should he accepted. Please. accept my apologies in this matter and consider the attached by-law. D. Free a David R. free, CET, AMCT - Administrator/Clerk-Treasurer .:.+DWI . (519) 874.4313 BRADCRAN EX INC. P.O. BOX 59 PORT BURWELL, ONTARIO NOJ 179 f:�eire" it,y ?� (q 9�;- �` f� e L)I ,f is e v f 1409 t 9(4 r e N )00, f wl~ rg&Ae 4(, DK r , e 7, t] � 1 [1 Ce " 0 ! r� T 4¢ Ii I +1 q �w D 1 1 V fl I-� Y. X �J 4 r r e J fjV y "^ Y�+ n h � 14 q Pre 5Sctyef I ecleI� .2 `10©)I yLD 1/0 l� ,�� C-01`QC(Y Wf A rv K ke s f F t e n f Jecaf Ga �e Vice+vC T-p 14 W W 4 CJ-Ogj vo Cve boxes a K c/ CX/[ C4 fPlFCRGle A,crdwoye- [juYS u[xHf jo liiP 0r,4-gy-io )0r40Lli.-14ctQ( S -fa k w[x r d J) rcx c✓ t n q 't4t/ l Q 5'• 0 1 ierode-yvn px AeYe 6t� 6 Ubn" r �S C{ bta 4o Sk ply necP�5Gr M Gr 4Y l ct (S Q H 4 -fC? PeJV ro Y ws, 1 ►i a Ce bov a works jco Y 1-25-/ad `J—X n yo "Y -ft,- ©vloov1u.. y /i ii, o, Itesv ws oif ff l