HomeMy WebLinkAboutBayham By-Laws 1983BAYHAM
TOWNSHIP
By - Laws
Numbers
tl�6
2150--2190
1983
,M.
CORPORATION OF THE
TOWNSHIP OF BAYHAM
BY - LAW NO. 2150
Being a By-law to provide for the levying
of assessments for the Kapin Drain as
constructed in the Township of Bayham
and Township of Norfolk.
Whereas By-law No. 639-82 of the Township of Norfolk which
provided for the construction of the Kapin Municipal Drain
under the provisions of the Drainage Act, was passed by the Council
of the Township of Norfolk on the 9th day of August, 1982.
AND WHEREAS the amount specified in the said By-law as the Township
of Norfolk's share of the cost for the construction of the said drain
was $13,110.
AND WHEREAS the amount specified in the said By-law as the Township
of Bayham's share of the cost of the construction of the said drain
was $1,090.
AND WHEREAS the actual cost of the work all expenses included was
$11,396.06.
AND WHEREAS actual cost assessed in the Township of Bayham is
$874.77.
AND WHEREAS it is now necessary to provide for the levying of assess-
ment in the Township of Bayham.
THEREFORE BE IT ENACTED BY THE COUNCIL OF THE CORPORATION OF THE
TOWNSHIP OF BAYHAM.
1. That the sum of $874.77 being the amoutlt to be assessed
against roads in the Township of Bayham as provided for in By-law
639-82 of the Township of Norfolk be and the same is hereby assessed
to the roads, said amount is hereby shown in the schedule of assess-
ments hereto attached and which form a part of this By-law:
2. THIS BY-LAW comes into force on the final passing thereof,
and may be cited as the "Kapin Municipal Drain Levying By -Law".
READ A FIRST, SECOND AND THIRD TIME AND FINALLY PASSED THIS 6th
DAY OF JANUARY, 1983.
REEVE
CLERK
SCHEDULE "A" TO BY-LAW NO. 2150
ESTIMATE ACTUAL GRANT NET
BAYHAM
Assessment on Roads $1,090.00 $ 874.77 $ 874.77
TOTAL ASSESSMENT $1,090.00 $ 874.77 $ 874.77
BAYHAM
CORPORATION OF THE
TOWNSHIP OF BAYHAM
BY - LAW NO. 2151
BEING a By-law to authorize the issue of debentures in the principal
amount of $1,457.24 for drainage purposes.
WHEREAS the Burwellville Municipal Drain was constructed under the
authority of Township of Norfolk By-law No. 635-82.
AND WHEREAS certain lands in the Township of Bayham are assessed in the
drainage area.
AND WHEREAS the actual cost of the drainage works assessed in the Township
of Bayham is $2,410.54 of which $953.30 has been commuted by the Bayham
roads.
AND WHEREAS it is now necessary to levy the sum of $1,457.24 upon certain
lands in the Township of Bayham.
THEREFORE BE IT ENCACTED BY THE COUNCIL OF THE CORPORATION OF THE
TOWNSHIP OF BAYHAM:
1. That the Corporation issue debentures in the amount of $1,457.24
payable within three years from the date the debenture and said debentures
bear interest at a rate not higher than the rate charged by the Ontario
Municipal Improvement Corporation at the date of the debenture.
2. A special annual rate sufficient to redeem the principal and
interest on the debentures shall be levied upon the lands as set forth
in the Schedule to be collected in the same manner and at the same
time as other taxes are collected in each year for three years after the
passing of this by-law.
SCHEDULE
Concession Parcel of Land
shal
Total Amount Assessed
9 Part Lot 25 $ 15457.24
3. This By-law shall come into force upon approval of the Ontario
Municipal Board.
READ A FIRST,
JANUARY, 1983.
SECOND AND THIRD TIME AND FINALLY PASSED THIS 6th DAY OF
W1. W105 MA
4.0
WtAo_t
W� wj��
CLERK
CORPORATION OF THE
TOWNSHIP OF BAYHAM
BY- LAW NO. 2152
Being a By-law to provide for the levying of
assessments for the Burwellville Municipal
Drain as constructed in the Township of
Bayham and Townshi pf Norfolk.
WHEREAS By-law No. 635-82 of the Township of Norfolk which provided
for the construction of the Burwellville Municipal Drain under the
provisions of the Drainage Act, was passed by the Council of the
Township of Norfolk on the 9th day of August, 1982.
AND WHEREAS the amount specified in the said By-law as the Township
of Norfolk's share of the costforthe construction of the said drain
was $31,340.00.
AND WHEREAS the amount specified in the said By-law as the Township
of Bayham's share of the cost of the construction of the said drain
was $3,260.00.
AND WHEREAS the actual cost fo the work all expenses included was
$33,317.59 to which a grant of $7,918.55 has been applied to agricul-
tural lands leaving a net cost of $26,681.45, being $7,918.55 less
than the estimated cost.
AND WHEREAS actual cost assessed in the Township of Bayham is
$2,410.54.
AND WHEREAS it is now necessary to provide for the levying of
assessment in the Township of Bayham.
THEREFORE BE IT ENACTED BY THE COUNCIL OF THE CORPORATION OF THE
TOWNSHIP OF BAYHAM:
1. That the sum of $1,457.24 being the- amount to be assessed
against lands in the Township of Bayham as provided for in By-law
635-82 of the Township of Norfolk be and the same is hereby assessed
and the amounts are shown on the schedule of assessments hereto
attached and which form a part of this By-law.
2. That the sum of $953.30 being the amount to be assessed
against roads in the Township of Bayham as provided for in By-law
635-82 of the Township of Norfolk be and the same is hereby assessed
to the roads, said amount is hereby shown in the schedule of assess-
ments hereto attached and which form a part of this By-law.
3. This By-law comes into force onthe final passing thereof,
and may be cited as the "Burwellville Municipal Drain Levying
By -Law".
READ A FIRST, SECOND AND THIRD TIME AND FINALLY PASSED THIS 6th,
Day of January, 1983.
KELVE
BAYHAM
J. Gradish
Assessment of Roads
TOTAL ASSESSMENT
BAYHAM
SCHEDULE "A" TO BY-LAW NO. 2152
ESTIMATE ACTUAL GRANT
$2,270.00
990.00
$3,260.00
CLERK
NET
$23185.86 $ 728.62 $13457.24
953.30 953.30
$3,139516 $728.62 $ 2,410.54
CORPORATION OF THE
TOWNSHIP OF BAYHAM
BY - LAW NO. 2153
BEING a By-law to provide for the appointment of members to the East
Elgin Planning Board. _
WHEREAS the Villagesof Springfield, Vienna and Port Burwell and the
Townships of Bayham, Malahide and South Dorchester have presented
their nominees to the East Elgin Planning Board for appointment by
the Council of the designated municipality (being the Council of the
Township of Bayham),
THEREFORE THE COUNCIL OF THE CORPORATION OF THE TOWNSHIP OF BAYHAM ENACTS
AS FOLLOWS:
1. That the following are hereby appointed as members to the East Elgin
Planning Board -
NAME
Max Moore
Wm. MacIntyre
Kenneth Emerson
Arthur Goethals
Kenneth Matthews
Jack Smyth
Joseph Volkaert
Blake Wolfe
Andre VanKasteren
John Hulet
Clarence Willsey
Marlene Taylor
REPRESENTING
Nov.
EXPIRES
(Councillor)
Village
of
Springfield
Nov.30,1983
(Councillor)
Village
of
Springfield
Nov.30,
1983
(Councillor)
Village
of
Vienna
Nov.30,
1983
(Councillor)
Village
of
Vienna
Nov. 30,
1983
(Councillor)
Village
of
Pt. Burwell
Nov. 30,
1983
(Councillor)
Village
of
Pt. Burwell
Nov. 30,
1983
(Councillor)
Township
of
Bayham
Nov. 30,
1983
(Real Est. Salesmen
Township of Bayham
Nov.
30,
1983
Councillor) Township of Malahide
Nov.
30,
1983
(Councillor) Township of Malahide
Nov.
30,
1983
(Councillor) Township of S.Dorchester
Nov.
30,
1983
( Councillor) Township of S. Dorchester
Nov.
30,
1983
2. That Max Stewart, as Reeve of the Township of Bayham, is hereby
appointed a member ex -officio.
READ A FIRST, SECOND AND THIRD TIME AND FINALLY PASSED THIS 6th DAY OF
JANUARY, 1983.
0
CLERK
9,
Form 100 Out. -72
THE CORPORATION OF THE TOWNSHIP OF BAYHAM
..................................................................................................................................................................................
BY-LAW No. .2.1.54 ...... .......
0 "p=tto authorize the borrowing of S l , 47 5, 000.
Whereas the Council of the Corporation of the Township of Bayham
(hereinafter called the "Municipality") deems -it necessary to borrow the sum
of S 13475,000. to meet, until the taxes are collected, the current
expenditures of the Municipality for the year;
NOTN.—Refer And Whereas the total amount of the estimated revenues of the
to the estimates
for the current Municipality as set forth in the estimates adopted for the year 19 82, is
year if adopted; P Y P Y
if not. to those
of last year.
X231333998.
(Delete this And Whereas the total of amounts heretofore borrowed for the purposes
paragraph if not
applicable.) mentioned in subsection (1) of Section 332 of The Municipal Act which have
not been repaid is 8 210,000.
Therefore the Council of the Township of Bayham
hereby enacts as follows:
1. The Head and the Treasurer are hereby authorized on behalf of the Municipality to
borrow from time to time by way of promissory note from CANADIAN IMPERIAL BANK
OF COMMERCE a sum or sums not exceeding in the aggregate $ 1, 4 7 5 , 000.
to meet until the taxes are collected the current expenditures of the Municipality
for the year, including the amounts required for the purposes mentioned in subsection
(1) of Section 332 of the Municipal Act, and to give on behalf of the Municipality
to the Bank a promissory note or notes sealed with the Corporate Seal and signed by
the Head and Treasurer for the moneys so borrowed, with interest at such rate
as may be agreed upon from time to time with the Bank.
2. All sums borrowed pursuant to the suchority of this by-law, as well as all other sums
borrowed in this year and in previous years from the said Bank for any or all of the
purposes mentioned in the said Section 42, shall, with interest thereon, be a charge
upon the whole of the revenues of the Municipality for the current year and for all
preceding years as and when such revenues are received.
3. The Treasurer is hereby authorized and directed to apply in payment of all sums
borrowed as aforesaid, together with interest thereon, all of the moneys hereafter
collected or received either on account or realized in respect of taxes levied for the
current year and preceding years or from any other source which may lawfully be
applied for such purpose.
Passed this sixth day of January 19 83
�`.►. E OF TH ICIPALITY
SEAL
...................................................................................................................
w� CLERK
I hereby certify that the foregoing is a true copy of By-law
No. 2154 of the Township of Bayham
in the Province of Ontario, duly passed at a meeting of the Council of the said
XIunicipality duly held, and that the said By-law is in full force and effect.
Dated This sixth
As Witness the Seal of
the Township of
Bayham
SEAL
day of January
1983
......................................
CLERK
THE CORPORATION OF THE TOWNSHIP OF BAYHAM
BY - LAW NO. 2155
Being a By-law to provide that in the year
1983 a levy be made before the adoption of
the estimates for the year.
WHEREAS the Council of the Township of Bayham deems it expedient to make
a levy in the year 1983 before the adoption of the estimates.
THEREFORE THE COUNCIL OF THE TOWNSHIP OF BAYHAM ENACTS AS FOLLOWS:
1. That in the year 1983, before the adoption of the estimates, a levy
shall be made on the whole of the assessment for Real Property according
to "the la9t revised assessment roll 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 residential real property
of public and separate school supporters.
2. That in the year 1983, before the adoption of the extimates, a levy
shall be made on the whole of the Business Assessment according to the
last revised assessment roll a sum not exceeding 50 per cent of that which
would be produced by applying to such assessment the total rate -for all
purposes levied in the preceding year on business assessment of public
and separate school supporters.
3. The respective amounts to be levied under the provision of
paragraphs 1 and 2 of this by-law are:
Real Property
6
Business Assessment
$ 639933849.
101,740.
7,095,589.
4. The rate to be levied under the provisions of paragraph 1 and 2 of
this by-law to produce the amount set out in paragraph 3 to this by-law
is ninety (90) mills.
5. The dates of payment of taxes under this By-law shall be as follows:
Due
DAte
of
1st
Installment:
February
28
Due
Date
of
2nd
Installment:
May
31
6. In default of payment of the first installment of taxes or any part
thereof by the day named therein for the payment thereof, the remaining
installment or installments shall forthwith become payable.
7. A percentage charge of one and one half per centum (1 %) shall be imposed
as a penalty for non-payment of and shall be added to every tax installment
or part thereof remaining unpaid on the first day following the last day of
payment of each such installment and thereafter an additional charge
of one and one half per centum (1�%) shall be imposed and shall be added to
every such tax installment or part thereof remaining unpaid on the first
day of each calendar month in which default continues up to and including
December of this year.
........continued..........
- 2 -
8. It shall be the duty of the Tax Collector immediately after the several
dates named in Section 5 to collect at once by distress or otherwise
under the provisions of the statutes in that behalf all such tax installments
or parts thereof as shall not have been paid on or before the respective
dates provided aforesaid, together with the said percentage charges as they
art incurred.
9. The tax collector not later than 14 days prior to the date that the
first installment is due shall mail or cause to be mailed to the address
of the residence or place of business of each person a notice setting,,,Out
the tax payments required to be made pursuant to this by-law, the respective
dates by which they are to be paid to avoid penalty and the particulars of
the penalties imposed by this by-law for late payments.
10. Taxes shall be payable to the Corporation of the Township of Bayham
and shall be paid to the collector at the Municipal Office.
11. The Collector and Treasurer be and 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 section 7 in respect to non-payment of taxes or of any
installment thereof.
12. When tenants of lands owned by the Crown or in which the Crown has an
interest are liable for payment of taxes and where any such tenant has
been employed within or outside the municipality by the same employer for
not less than thirty days, such employer shall pay over to the Collector or
Treasurer on demand out of any wages, salary or other remuneration due to
such employee the amount then payable for taxes under this by-law and such
payment shall relieve the employer from any liability to the employee for
the amount so paid.
READ A FIRST, SECOND AND THIRD TIME AND FINALLY PASSED THIS 20th DAY OF
JANUARY, 1983.
AnZV M
CLERK
y�
f
CORPORATION OF THE
TOWNSHIP OF BAYHAM
BY - LAW NO. 2156
BEING a by-law to approve the purchase of land.
WHEREAS the Council of the Corporation of the Township of Bayham
purchased a parcel of land being part of Lot 1, North of First Street,
West of Main Street, and part of Lot 1, north-west of Main Street,
northerly from First Street , all as shown on Registered Plan 113
for the unincorporated Village of Eden, said purchase being made on
August 31, 1982
AND WHEREAS'it is now necessary for Council to approve the aforesaid:
purchase.
THEREFORE BE IT ENACTED BY THE COUNCIL OF THE CORPORATION OF THE
TOWNSHIP OF BAYHAM:
1. That the purchase of land being part of Lot 1, North of First
Street, WEst of Main Street, and part of Lot 1, North-West of Main
Street, northerly from First Street, all as shown on Registered
Plan 113 for the unincorporated Village of Eden, as made by the
Corporation of the Township of Bayham on August 31, 1982, from Catharine
Maria McDowell for arrears of taxes owing on the aforesaid-larids and
as described in Instrument No. 246020 registered in the Registry
Division of Elgin be hereby approved.
READ A FIRST, SECOND AND THIRD TIME AND FINItLLY PASSED THIS 20th
DAY OF JANUARY, 1983.
�-A::5i7EEVE
CLERK
I
Newscme and Gilbert. Limilyd tked. without Silou-oal Consent Clause
Form 1162
July. 1979
made in duplicate the thirty-first day of August
one thousand nine hundred and eighty-two.
fit Vitrouattrr of ilir ellort Yorttto of CTottursattrrs .tri:
j6diucen
and
CATHARINE MARIA McDOWELL, of the Village of
Eden, in the County of Elgin, Retired School
Teacher,
hereinafter called the "Grantor"
OF THE FIRST PART
THE CORPORATION OF THE TOWNSHIP OF BAYHAM,
hereinafter called the "Grantee"
OF THE SECOND PART
W1'tnC59;Ctb that in consideration of other valuable consideration
and the sum of Two --------- ($2.00) -----------------Dollars
now paid by the said Grantee to the said Grantor, the receipt whereof is hereby by him acknowl-
edged, he the said Grantor DOTH GRANT unto the said Grantee in fee simple
THOSE lands and premises located in the following municipality, namely,
• ALL AND SINGULAR that certain parcel or tract of land and
premises situate, lying and being in the Township of Bayham,
x�tcBc�pxafito! in the County of Elgin and Province of Ontario,
being composed of part of Lot 1, North of First Street, West of
Main Street, and part of Lot 1, North-west of Main Street,
Northerly from First Street, all as shown on Registered Plan 113
for the unincorporated Village of Eden in the said Township,
registered in the Land Registry Office for the Registry Division
I of Elgin (No. 11) , more particularly described as follows:
COMMENCING at a point in the Southerly limit of said Lot 1,
North of First Street, West of Main Street, distant 19.26 feet
measured Easterly thereon from the South-westerly angle thereof;
THENCE Easterly along the Southerly limits of Lot 1, North of
• First Street, West of Main Street and Lot 1 North-west of.Main
Street, Northr rlv from First Street, a distance of 86.96 feet,
more or less, to th-.: South-easterly angle of said Lot 1, North -
1#
J
•
j
I
qP
Page 2.
west of Main Street, Northerly from First Street, said angle bei
also the intersection of the Westerly limit of Main Street and
the Northerly limit of the Road Allowance between Concessions 8
and 9 (First Street) , as shown on said Registered Plan 113.
THENCE North-easterly along the Easterly limit of said Lot 1,
North-west of Main Street, Northerly from First Street, a distan(
of 31 feet;
THENCE Westerly parallel with the Northerly limit of the said
Road Allowance between Concessions 8 and 9, a distance of 103.00
feet, more or less, to its intersection with a line drawn: Northe,
from the Point of Commencement and parallel with the Westerly lir
of said Lot 1, North of First Street, West of Main Street;
THENCE South•.rly parallel with the Westerly limit of said Lot
1, North of First Street, West of Main Street, a distance of 29.(
feet, more or less, to the Point of Commencement.
Containing by admeasurement an area of 0.062 acres, be the same
more or less.
TOWNSHIP OF BAYHAM
BY - LAW NO. 2157
BEING A BY-LAW TO AMEND SCHEDULE "A" of By-law No. 1926,
as amended, regulating water rates from the Elgin Area Water
System.
WHEREAS By-law No. 1926 is a By-law to regulate the supply-
ing of water and rates for water from the Elgin Area Water
System Project.
AND WHEREAS Schedule "A" of By-law No. 1926 has been
amended by By=law Nos. 1978, 2062 and 2110.
AND WHERERAS it is now necessary to further amend By-law No.
1926 to adjust the rates charged for the supply of water.
NOW THEREFORE BE IT ENACTED BY THE COUNCIL OF THE CORPORATION
OF THE TOWNSHIP OF BAYHAM:
THAT Schedule "A" of By-law No. 2110 is hereby repealed.
THAT the following be designated Schedule "A" of By-law No.
1926 and be effective from Jani-ary 1, 1983.
SCHEDULE "A"
RATES FOR WATER SOLD FOR DOMESTIC AND COMMERCIAL PURPOSES
1. Each consumer shall pay for every metered service a
minimum bill of $20.00 every 13 week period and shall be
allowed to use 6000 gallons of water during the period
without further charge.
Water used during the period in excess of 6000 gallons
will be billed at the rate of $3.10 per 1000 gallons.
2. A late payment penalty of 5% will be charged.
READ A FIRST, SECOND AND THIRD TIME AND FINALLY PASSED THIS
17th. DAY OF FEBRUARY, 1983.
CLERK
CORPORATION OF THE
TOWNSHIP OF BAYHAM
BY-LAW NO. 2158
Being a by-law to establish a
Penalty Charge for Non -Payment
of Current Taxes and to provide
for Interest to be added to
Tax Arrears.
WHEREAS under the Provisions of the Municipal Act, R.S.O.
1980, a municipality may impose penalties on overdue taxes in
1983;
AND WHEREAS a municipality may impose an interest charge
on tax arrears;
NOW THEREFORE the Council of the Corporation of the
Township of Bayham ENACTS:
(1) THAT overdue taxes are those taxes that are levied in
1983 and are not paid on or before the day payment is
due;
(2) THAT tax arrears are taxes that are due and unpaid
after December 31st. of the year in which they were
levied;
(3) THAT the penalty charge to be added to overdue taxes
and the interest charge to be added to tax arrears
shall be fifteen'% per annum.
(4) THAT the percentage charge as a penalty for non-
payment of current taxes shall be imposed on the first
day of default and on the first day of each calendar
month thereafter in which default continues, but not
after December 31, 1983;
(5) THAT the Corporation shall give notice of the penalty
rate to be imposed under sections 3 and 4 of this by-
law in accordance with subsection 6 of Section 386
of the Municipal Act, R.S.O. 1980, Chapter 302;
(6) THAT the treasurer shall add to the amount of all tax
arrears lue-and ungai,i, inter st as sucified in
section of this yv law at tie rate
one and one quarter /o per month for each month or
fraction thereof from the day this by-law takes effect;
(7) This by-law shall take effect on April 1, 1983.
READ A FIRST, SECOND AND THIRD TIME AND FINALLY PASSED THIS
THIRD DAY OF MARCH, 1983.
r
REEVE CLERK
CORPORATION OF THE
TOWNSHIP OF BAYHAM
BY-LAW NO. 2160
BEING a By -Law to confirm all actions of the Council of the
TOWNSHIP OF BAYHAM for the period commencing December 1, 19823
through April 30, 1983.
BE IT ENACTED BY THE COUNCIL OF THE CORPORATION OF THE TOWNSHIP
OF BAYHAM pursuant to the provisions of The Municipal Act that
all actions by the said Council by by-laws and resolutions for
the period commencing December 1, 1982, through April 30, 1983,
said meetings being those set out it Schedule "A" hereto, be
and the same are hereby approved and confirmed as if all such
proceedings were expressly embodied in this By -Law.
Rand a First, Second and Third Time and Finally Passed this
5th., day of May, 1983.
Reeve Clerk
Schedule "A;'
to By -Law No. 2160
The meetings referred to in By -Law No. 2160 and the proceedings
thereof are as follows:
The regular meeting held December 2, 1982.
The regular meeting held December 16, 1982.
The regular meeting held January 6, 1983.
The special meeting held January 12, 1983.
The regular meeting held January 20, 1983.
The regular meeting held February 3, 1983.
The regular meeting held February 17, 1983.
The regular meeting held March 3, 1983.
The regular meeting held March 17, 1983.
The regular meeting held April 7, 1983.
The regular meeting held April 21, 1983.
CORPORATION OF THE
TOWNSHIP OF BAYHAM
BY-LAW No, 2161
BEING a By -Law to confirm all actions of
TOWNSHIP OF BAYHAM at the meeting(s)the Council of the
held May 5, 1983.
BE IT ENACTED BY THE COUNCIL OF THE CORPORATION
OF BAYHAM pursuant OF THE TOWNSHIP'
ant to the provisions of The Municipal Act that
all actions by the said Council by by-laws
passed at the regular meetingheld Y and resolutions
meeting(s) held --------
be
d May 5, 1983 , and special
be and the same are hereby approved and co
proceedings were expressly' confirmed as if all such
embodied in this By -Law.
Read a First, Second and Third Time and Fin
5th. day of May ally Passed this
Y , 19 83
r
Reeve
Clerk
0
CORPORATION OF THE
TOWNSHIP OF BAYHAM
BY-LAW No. 2162
BEING a By -Law to confirm all actions of
TOWNSHIP OF BAYHAM at the meeting(s) held
the Council of the
May 19, 1983
BE IT ENACTED BY THE COUNCIL OF THE CORPORATION OF THE TOWNSHIP
OF BAYHAM pursuant to the provisions of The Municipal Act that
all actions by the said Council by by-laws and resolutions
passed at the regular meeting held May 19. 1983, and special
meeting(s) held -------
be and the same are hereby approved and confirmed as if all such
proceedings were expressly embodied in this By -Law.
Read a First, Second and Third Time and Finally Passed this
19th.day of May , 1983
Reeve
Q
Clerk
1.
01
CORPORATION OF THE
TOWNSHIP OF BAYHAM
BY - LAW NO. 2163
BEING a By-law to amend By-law No. 2134 providing for the construction
of the Mitts Municipal Drain, and levying assessments thereto.
WHEREAS By-law No. 2134 providing for the construction of the Mitts
Municipal Drain under the provisions of the Drainage Act, was passed
by the Municipal Council of the Corporation of the Township of Bayham on
the 2nd day of December, 1982.
AND WHEREAS the amount specified in the said By-law as the Township of
Batham's share of the cost for the construction of the said drain was
$11,700.
AND WHEREAS the actual cost of the work all expenses included was $14,052.64
to which a grant of $2,084.24 has been applied to agricutural lands
leaving a net cost of $11,968.40, being $268.40 more than the
estimated cost.
AND WHEREAS IT IS PROVIDED BY The Drainage Act, that such deficit funds
shall be increased in pro rata proportions to the assessments contained
in the original By-law each year during which the debentures have to run.
THEREFORE BE IT ENACTED BY THE COUNCIL OF THE CORPORATION OF THE TOWNSHIP
OF
BAYHAM:
1.
That the sum of
$85.57 being the amount
over estimated as assessed
against lands as
provided in By-law 2134
be and the same is hereby
decreased in pro
rata proportions to the
assessments as contained in
the said By-law
No. 2134 and the amounts
are shown on the schedule
of assessments hereto
attached and which
form a part of this By-law.
2.
That the sum of
$353.97 being the amount
under estimated as assessed
against roads as
provided for in By-law
NO. 2134 be and the same is
hereby increased
in pro rata proporticns
to the roads assessed in By-
law No. 2134, said
amount is hereby shown
in the schedule of assessment
hereto attached
and which form a part of
this By-law.
3.
That the said sum
of $268.40 shall be added
to the amount of the total
assessments contained
in By-law No. 2134
and the debenture to be issued
as Orovided for
in By-law No. 2134 shall
be as provided for in By-
law No. 2134.
4.
That the interest
rate on the said debentures
as provided for in
By-law No. 2134
shall be thirteen per cent
(13%) per annum.
5.
This By-law comes
into force on the final
passing thereof, and may
be cited as the
" Mitts Municipal Drain
Amending By-law".
READ A FIRST, SECOND AND THIRD TIME AND FINALLY PASSED THIS 2nd DAY
OF JUNE, 1983.
CAIRN` .W_4M__1"0P
CLERK
M T C - # 19 Hwy
•
307.08
307.08
Bayham Roads (Btwn 5 & SG)
1,300.00
'
13596.89
SCHEDULE "A" TO BY-LAW
NO. 2163
1,903.97
1,903.97
OF THE TOWNSHIP OF
BAYHAM
SCHEDULE OF IMPOSED ASSESSMENTS
MITTS MUNICIPAL
DRAIN
ENGINEER'S
ACTUAL
AGRICULTURAL
NET
ESTIMATE
COST
GRANT
COST
C.
Norris
780.00
958.19
319.40
638.79
C.
Bradt & J. Smyth
390.00
479.16
479.16
D.
Turner
430.00
528.25
528.25
P.
Franklin
450.00
552.78
552.78
Jehovah's Witness Hall
410.00
503.58
503.58
N.
Locker
13640.00
2,014.55
671.52
1,343.03 .
R.
Winkworth
840.00
15031.82
1,031.82
N.
Ghesquire
430.00
528.25
176.09
352.16
B.
Addlington
15320.00
11621.56
540.52
11081.04
W.
Bodnar
140.00
171.95
171.95
L.
Obar
210.00
257.98
257.98
S.
Huber
160.00
196.50
196.50
J.
Fehr
560.00
687.93
687.93
H.
Desimpele
70.00
86.04
86.04
W.
Mitchell
920.00
15130.13
376.71
753.42
Total Assessment
Lands 8,750.00
105748.67
25084.24
85664.43
M T C - # 19 Hwy
250.00
307.08
307.08
Bayham Roads (Btwn 5 & SG)
1,300.00
13596.89
13596.89
Total Assessment Roads
15550.00
1,903.97
1,903.97
Special Assessment M T C 1,400.00 1,400.00 1,400.00
Total Assessment
Mitts Drain
11,700.00
14,052.64
2,084.24 11,968.40
CORPORATION OF THE
TOWNSHIP OF BAYHAM
BY- LAW NO. 2164
BEING a by-law to adopt the assessment on which the taxes shall be levied
for the year 1983, to levy the taxes for the year 1983 and to provide for
the collection thereof.
WHEREAS by action of the Province of Ontario, provision was made for the
making of the assessment of the Municipality by the Regional Assessment
Commissioner, as the assessment on which the rate of taxation for the
year 1983 should be levied.
AND WHEREAS.it-_is necessary and expedient to levy on the whole rateable
property according to the last revised assessment roll of the said
Township the sum of $1,607,697 for the general purpose of the said Township
for the current year, for the payment of the County rate for the current year
and for the purposes of defraying part of the expenses of Public,Separate
and High School education and other purposes:
THEREFORE THE COUNCIL OF THE CORPORATION OF THE TOWNSHIP OF BAYHAM ENACTS
AS FOLLOWS:
1. That the assessment contained in the assessment roll of the Township
of Bayham as made pursuant to Province of Ontario Regulations,be
and -the same is hereby adopted and confirmed as the assessment of
which the rate of taxation for the year 1983 shall be levied.
2. That the said assessment roll be and the same is hereby adopted and
confirmed as the last revised assessment roll for the said Township.
3. That, for the purpose of providing the sum of $670,124. for the
general purposes of the Corporation, including the amount required
for County purposes and other purposes for the current year, a rate of
109.769 mills on the dollar be and thesame is hereby levied for the
year 1983 upon the whole of the said assessment of the Township
according to the last revised assessment roll, except that on
assessment of $6,604,872 a reduction of 15% shall be made.
4. That in addition, for the purpose of providing the sum of $926,123.
for Public, Separate and High School Education purposes for the
current year the following mill rates be and the same are hereby
levied for the year 1983 upon the respective portions of the said
asses$ment of the:SchoolSupporters of the said Township according to the
last revised.assessment roll, as indicated hereunder: -
.........continued ...............
RESIDENTIAL
MILL
COMMERCIAL
MILL
TOTAL
SCHOOL AREA
ASSESSMENT
RATE
ASSESSMENT.'
RATE
LEVY
Elgin Cty. Elementary
$5,8803486.
72.121
$4655775.
84.848
$463,625. b
Elgin Cty. R.C.S.S.
7245386:_
74.188
24,942.
87.281
551918.
Elgin Cty. Secondary
65604,872.
56.610
4903717.
66.599
4063580.
.........continued ...............
. . .
- 2 -
5. That,
in addition, for street lighting purposes, the following sums
be and
are hereby levied upon the
respective
assessments in each
of the
following street lighting
areas: -
LIGHTING
RESIDENTIAL
MILL
COMMERCIAL
MILL
TOTAL
AREA
ASSESSMENT
RATE
ASSESSMENT
RATE
LEVY
CORINTH
$ 47,453.
11.209
$ 81955.
13.187
$ 650.
/� 7, .
EDEN
1543214.
15.564
10,907.
18.313
23600.
RICHMOND
1045101.
28.246
3,960.
33.230
35072.
STRAFFORDVILLE 5011974. 5.708 1693047. 6.715 4,000.
TALBOT 575733. 19.400 22.823 13120.
6. The Clerk shall prepare and deliver the Collector's Roll to the Tax
Collector on or before the 1st, day of August, 1983.
7. All taxes and other special rates shall be paid in the office of the
Tax Collector or Treasurer of the Township of Bayham.
8. Taxes shall become due and payable one-half on or before August 31,
1983, and one-half on or before November 30, 1983. Penalties for
non-payment when due and discounts for prepayment of taxes shall be as
provided for in Township of Bayham By-laws, (penalties at the rate of
one and one quarter per cent per month commencing the first day of
default of payment, and discounts at the rate of one-half per cent
per month for each month for which pre -payment is made), subject
also to the provisions of By-law No. 1697.
9. The Collector shall have the privilege of mailing the tax notices
to the several taxpayers of the Township at their known address.
READ A FIRST, SECOND AND THIRD TIME AND FINALLY PASSED THIS 2nd DAY
OF JUNE, 1983.
REEVE
CLERK
CORPORATION OF THE
TOWNSHIP OF BAYHAM
BY-LAW No. 2165
BEING a By -Law to confirm all actions of the Council of the
TOWNSHIP OF BAYHAM at the meeting(s) held June 2, 1983
BE IT ENACTED BY THE COUNCIL OF THE CORPORATION OF THE TOWNSHIP
OF BAYHAM pursuant to the provisions of The Municipal Act that
all actions by the said Council by by-laws and resolutions
passed at the regular meeting held June 2, 1983 , and special
meeting(s) held ------
be and the same are hereby approved and confirmed as if all such
proceedings were expressly embodied in this By -Law.
Read
a
First, Second
and Third Time and Finally Passed this
2nd.
day
of June ,
19 83
M
c
Clerk
1W
0
10
L'i
CORPORATION OF THE
TOWNSHIP OF BAYHAM
BY-LAW NO. 2166
BEING a By-law to amend By-law No. 2001, to licence vehicles from
which refreshments are sold for consumption by the public.
WHEREAS Mr. Robert Johnstone, on behalf of the owner of premises at
Lot 1, Concession 3, in the Township of Bayham and known as the Calton
General Store has made application to the Council of the Township of
Bayham for permission to locate a vehicle for the purpose of selling
refreshments to the public.
AND WHEREAS the aforesaid Mr. Johnstone requests permission to locate
the said vehicle at the premises in excess of seventy two (72) hours.
AND WHEREAS the Council of the Township of Bayham is desirous of
granting the request of Mr. Johnstone.
THEREFORE BE IT ENACTED BY THE COUNCIL OF THE CORPORATION OF THE
TOWNSHIP OF BAYHAM:
1. That Section 5 of By-law 2001 of the Township of Bayham be amended
to permit Mr. Robert Johnstone to locate a vehicle for the selling
of refreshments to the public on the premises at Lot 1, Concession
3, and known as the Calton General Store.
2. That the permission granted under this'By-law be effective
from the date of passing until December 31, 1983.
READ A FIRST, SECOND AND THIRD TIME AND FINALLY PASSED THIS 16th
DAY OF JUNE, 1983.
REEVE CLERK
Com►. iso . 4+5
Cr&WTk% kjAt -7
r
i
R l H NXA
N
5
S CAVa. 1 t✓11'1 � 1 F �
. -,
CORPORATION OF THE
TOWNSHIP OF BAYHAM
BY-LAW No. 2167
BEING a By -Law to confirm all actions of the Council of the
TOWNSHIP OF BAYHAM at the meeting(s) held June 16, 1983
BE IT ENACTED BY THE COUNCIL OF THE CORPORATION OF THE TOWNSHIP
OF BAYHAM pursuant to the provisions of The Municipal Act that
all actions by the said Council by by-laws and resolutions
passed at the regular meeting held June 16, 1983, and special
meeting(s) held -------
be and the same are hereby approved and confirmed as if all such
proceedings were expressly embodied in this By -Law.
Read a First, Second and Third Time and Finally Passed this
16th. day of June , 1.9 83
Reeve
Clerk
CORPORATION OF THE
TOWNSHIP OF BAYHAM
BY-LAW No. 2169
BEING a By -Law to confirm all actions of the Council of the
TOWNSHIP OF BAYHAM at the meeting(s) held July 7, 1983
BE IT ENACTED BY THE COUNCIL OF THE CORPORATION OF THE TOWNSHIP
OF BAYHAM pursuant to the provisions of The Municipal Act that
all actions by the said Council by by-laws and resolutions
passed at the regular meeting helc July 7, 1983 , and special
meeting(s) held -----------
be and the same are hereby approved and confirmed as if all such
proceedings were expressly embodied in this By -Law.
Read a First, Second and Third Time and Finally Passed this
7th.day of July , 19 83
Reeve
Clerk
CORPORATION OF THE
TOWNSHIP OF BAYHAM
BY-LAW No. 2170
BEING a By -Law to confirm all actions of the Council of the
TOWNSHIP OF BAYHAM at the meeting(s) held July 21, 1983
BE IT ENACTED BY THE COUNCIL OF THE CORPORATION OF THE TOWNSHIP
OF BAYHAM pursuant to the provisions of The Municipal Act that
all actions by the said Council by by-laws and resolutions
passed at the regular meeting held July 21, 1983, and special
meeting(s) held -----------
be and the same are hereby approved and confirmed as if all such
proceedings were expressly embodied in this By -Law.
Read a First, Second and Third Time and Finally Passed this
21st.day of July , 19 83
M-joww_-e-vo� ?'
- E
d
Clerk
M
COR POP A', 1 o." T OF THE
TOWNSHIP CF BAYh''
BY-LAW No. 2171
BE1N'. a By -Law to confirm all actions of the Council of the
TOWNSHIP OF BAYHAM at the ineeting(s) held August 4, 1983
BE IT ENACTED BY THE COUNCIL OF THE CORPORATION OF THE TOWNSHIP
OF BAYHAM pursuant to the provisions of The Municipal Act that
all actions by the said Council b, by-laws= a:id resolutions
passed a': the regular meeting hold August 4 , and special
meeting(s) held ---
be and the same are hereby approved and confirmed as if all such
proceediLigs were expressly embodied in this By -Law.
Read a First, Second and Thi_ra ,'i�ae and Finally Passed this
4th. day of August , 1983
Reeve
U
Clerk
1.
CORPOPATIU:: OF VILE
TOWNSHIP CF BAYH:..
BY-LAW No. 2172
BEING a By -Law to confirm all actions of the Council of the
TOWNSHIP OF BAYHAM at the meeting(s) held August 18, 1983'
BE IT ENACTED BY THE COUNCIL OF THE CORPORATION OF THE TOWNSHIP
OF BAYHAM pursuant to the provisions of The Municipal Act that
all actions by the said Council b.� by-laws a..d resolut Loris
passed at rhe regular meeting held August 18, 1943,and special
meeting(s) held -------
be and the same are hereby approved and confirmed as if all such
proceedings were expressly embodied in this By -Law.
Read a First, Second and Third rine and Finally Passed this
18thday of August 19 83
a
r
Reeve
Clerk
1*
CORP0RA'.1G.\1 OF T}iL
TOWNSHIP CF BAYH.'
BY-LAW No. 2174
BEING a By -Law to confirm all actions of the Council of the
TOWNSHIP OF BAYHAM at the meeting(s) held September 1, 198+3
BE IT ENACTED BY THE COUNCIL OF THE CORPORATION OF THE TOWNSHIP
OF BAYHAM pursuant to the provisions of The Municipal Act that
al. actions by the said Council b%, by-laws a.ld resolutions
passed aL the regular meeting held September 1,83, and special
meeting(s) held----------
be and the same are hereby approved and confirmed as if all such
proceedings were expressly embodied in this By -Law.
Read a First, Second and Third gime and Finally Passed this
1st. day of September ]Q 83
Clerk
-j
CORPORATION OF THE
TOWNSHIP OF BAYHAM
BY - LAW NO. 2175
BEING A BY-LAW to authorize the construction of a building to be
known as the Bayham Library and to authorize the Reeve and Clerk
to execute all documents thereto.
WHEREAS plans and specifications have been prepared by the Township
of Bayham and reviewed by Spriet Associates for a building to house
the Bayham Library facilities.
AND WHEREAS tenders were advertised and received and opened by the
Council of the Township of Bayham at the regular meeting held
September 1, 1983.
AND WHEREAS the tender of Latos General Contracting Limited in the
amount of Eighty-nine Thousand, Seven Hundred and Eighty-five
Dollars ($89,785.) was accepted by resolution.
AND WHEREAS it is now deemed expedient to approve the aforesaid
actions.
THEREFORE BE IT ENACTED BY THE COUNCIL OF THE CORPORATION OF THE
TOWNSHIP OF BAYHAM
1. THAT the plans and specifications as prepared by the Township
of Bayham and reviewed by Spriet Associates be approved as
the plans and specifications for a building to house the
Bayham Library facilities.
2. THAT the tender of Latos General Contracting Limited in the
amount of Eighty-nine Thousand, Seven Hundred and Eighty-five
Dollars ($89,785.) as accepted by resolution of Council on
September 1, 1983, be approved.
3. THAT construction of a building to be known as the Bayham
Library be authorized at Lot (s) 5 and Part of Second Street
(Closed), Plan 205 for the Village of Straffordville and
designated as Part 1 on R.Plan 11 R 2358.
4. THAT the Reeve and Clerk be authorized to execute all
documents relevant to the construction of the aforesaid
building and affix the Corporate Seal of the Township of
Bayham thereto.
READ A FIRST, SECOND AND THIRD TIME AND FINALLY PASSED THIS 22nd.
DAY OF September, 1983.
Clerk
ob
OWNERS COPY Standard construction document CCDC
1982
Stipulated price contract
Project
STRAFFORDVILLE LIBRARY
STRAFFORDVILLE, ONTARIO
EEOCanadian construction documents committee
EEO
Canadian construction documents committee
1982 EDITION OF THE STIPULATED PRICE CONTRACT -
CCDC 2
Major revisions incorporated into the 1982 edition of Document 2 are found in GC 14 CERTIFICATES
AND PAYMENTS, paragraphs GC 14.12, GC 14.13, and GC 14.14; GC 19 INDEMNIFICATION, and
GC 20 INSURANCE, paragraph GC 20.1(a). These revisions deal with:
(1) changes to the wording of the Waiver Clause;
(2) the limitation of liability for consequential damages, and
(3) the extension of insurance coverage regarding completed operations.
This edition of the Stipulated Price Contract combines, in one version, the four previous versions:
Architects; Engineers; Common Law, and Civil Code.
This has been achieved by combining Architects (CCDC 12) and Engineers (CCDC 2) into one
version, using the word "Consultant" to designate the Architect or Engineer, and by identifying
separately the Common Law and Civil Code requirements of the one clause that is different —
GC 14.12(c).
In the Committee's continuing effort to keep the wording of the standard documents clear and con-
sistent, minor editorial changes have been made. These editorial changes do not change the intent of
the document.
June 1982
ADDENDUM
Canadian construction documents committee
CCDC DOCUMENT 21 - A GUIDE TO
CONSTRUCTION INSURANCE
In the Standard Contracts GC 20.1(a), specifying General Liability Insurance CCDC Form 101, allows
the Contractor to maintain such coverage either in the form of a specific policy purchased for a pro-
ject or under an annual policy covering all operations, including Completed Operations Liability
coverage.
Because the 1952 edition of the CCDC Documents extends the obligation to maintain Completed
Operations coverage to twenty-four (24) months and for a further period of four (4) years,
users of the documents should be aware that specific policies are not generally available with a
Completed Operations coverage duration beyond twenty-four (24) months. The obligation to main-
tain uninterrupted coverage can thus be satisfied by four (4) successive annual policies issued by the
insurer then writing Completed Operations Liability coverage for the Contractor.
Failure of the Contractor to provide the Completed Operations coverage during the six year period
after the date of Total Performance of the Work would put him in breach of contract -
June 1982
5tdnddrd (:unbtruLtwn UuLumunt CCUC 2 1962
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 ........ ,September. , ..... , , .
in the year nineteen hundred and ........................ Eig.hty.-Three..................
by and between
,,,,,,, ,,,,, ,,,,,,,T,e corporation of,t�}e Township of Bayham,,,,,,,,,,,,,,
........................................................................................
hereinafter called the "Owner"
and
Latos..General. ,Contracting . Limited
...... .. . .. .. .
...................................................................................... .
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 . , ,the, construction, of. the... , .. .
frnserr here the atfe of the Work and the Propct)
...................................... $.traf fordville.. Library.. .
which have been signed by the parties, and which were prepared by .. the , To%ypOip, of B4y114m,
OA4 , r.qV ieyteo. ,by, ,$pr.i p t, ,4ssociates, acting as and hereinafter called the "Consultant" and'
(b) do and fulfill everything indicated by this Agreement, and
(c) commence the Work by the.. D.. .... day of ...... September . _ , , , , , 19.$ 3. and attain Substantial
Performance of the Work, as certified by the Consul tantAwAhc, •wi thinAxpoix..2 0. Meeks ........
CCDC 2 — 1882 File 00610 !
. ARTICLE A-2 CONTRACT DOCUMENTS
The following is an exact list of the Contract Documents referred to in Article A 1 of this Agreement and as defined
in item 2 of DEFINITIONS. This list is subject to subsequent amendments in accordance with the provisions of the
Contract and agreed upon between the partes. Terms used in the Contract Documents which are defined in the
attached DEFINITIONS shall have the meanings designated in those DEFINITIONS.
(Insert here, attaching additional pages it required, a list Identifying the Contract Documents including: The Agree-
ment, General Conditions, Supplementary Conditions, Definitions, drawings, giving drawing number, title, date,
revision date or mark, and specifications, giving a list of contents with section numbers and titles, number o/
pages, and date or revision marks. Clearly identify modifications to the Contract Documents.)
I
2
4
CCDC 2 1982 File 00610
ARTICLE A-3 CONTRACT PRICE
The Contract Price is . Eighty -Nine Thousand , Seven Hundred and Eighty -Five --
---------------------------------------------------------
................. ................. 00/100... dollars
(s , $ 9, 7 15,..00 , . , , . , , , , , .. ) in Canadian funds, which pace shall be subject to adjustments as may be
required in accordance with the provisions of the Contract Documents.
ARTICLE AA PAYMENT
(a) Subject to applicable legislation and the provisions of the Contract Documents, and in accordance with
legislation and statutory regulations respecting holrib..ick percentages and, where such legislation or regula-
tions do not exist or apply, subject to a holdback of _ Ten _ _ percent 1 10
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
(3) 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 -n_. ___ percent ( 10 %)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
imposed or available by law.
(b) 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.
.71 .2 1982 File 00510
3
,ARTICLE A-6 RECEIPT OF AND ADDRESSES FOR NOTICES
Communications in writing between the parties or between them and the Consultant shall be cunsidered to have
been received by the addressee on the date of delivery if delivered by hand to the individual or to a member of the
firm or to an officer of the corporation for whom they are intended or if sent by post or by telegram, to have been
delivered within five (5) working days of the date of mailing, dispatch or of delivery to the telegraph company when
addressed as follows:
The Owner at..... The . Towns.hiP_ o f Bayham.... . .... . ... .
street and number dr)d pus td! box number If applicable
Box 16Q, Straffordville, Ontario, NOJ .1Y.0 ....................
. ........ .. . ........ .... .
post office or district, province, postal code
The Contractor at . T,at4S..Qprjejpa,l _ ContrAgting. Limi.ted.. _ I ....... . ...................
* street and number and postal box number if applicable
............. 3l , BevQn„GQurt,. Ti 1.1sonbur.q Ontario.,..N4G , 4K3 . . .... . .
.. . ...... ..... ... .. . ..
post office or district, province, postal code
The Consultant at. Spriet . Associates London Limited, Consulting Engineers
street and number end postal box number it apphcabft
722 York Street, London, Ontario, N5W 2S8
...................................................................I...................
post office or district, province, postal code
ARTICLE A-7 LAW OF THE CONTRACT
' The law of the Place of the Work shall govern the interpretation of the Contract.
ARTICLE A-8 LANGUAGE OF THE CONTRACT
When the Contract Documents are prepared in both the English and French languages, it is agreed that in the
event of any apparent discrepancy between the English and French versions, the • Enghsh language shall
prevail.
This Agreement is drawn in English at the request of all parties hereto; ce march6 est r6dig6 en anglais A la
demande de touter les parties.
'Complete this statement by striking out inapplicable term if the Contract Documents have been prepared and
issued in both official languages of Canada.
4 CCDC 2 -- 1982 Foie 00610
• 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
The Corporation of the Township
name
.of.Byham
.....a.................................
. ..............
sijnature
Mr... M. S tewar t ..( Reeve) ..... , .
name and title
...... ............ ..................
signature
Mr. J. , Petr.ie, .(Clerk . ... . ... . ... .
name and title
CONTRACTOR
Latos , General Con,t;zdl✓tiikg . L.td . .
name
LOOS- GENERAL CONTRA,C. INCp. LTD... .
:%y�urture r
...................... ..
name andti
signature
name and tide
0
witness
name and title
witness
name and title
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 or. behalf of the corporation or partnership, parties
to this Agreement, should be attached.
CCC 2 - 1982 Fib 00510 5
Sidlidd(d Co f)gMUl0UIW U0I.Ulllt:111 CCD(. 2 1982
DEFINITIONS
The following Definitions shall apply to all Contract Documents.
1. 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 identifr'do 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.
6. 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.
S. 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.
C C DC 2 1982 File 00510 7
. 12. Time
(a) The Contract Time is the time stipulated In the Contract Documents for SUbStdrttldl Performance of
the Work.
(b1 The date of Substantial Performance of the Work is the date certified as such by the Cunsultant.
(c) Day means the calendar day.
(d) Working day means days other than Saturdays, Sundays and holidays which are observed by the
construction industry in the area of the Place of the Work.
13. Substantial Performance of the Work
Substantial Performance of the Work is as defined in the lien legislation applicable to the Place of the
Work. If such legislation is not in force or does not contain such definition, Substantial Performance of the
Work shall have been reached when the Work is ready for use or is being used for the purpose intended
and is so certified by the Consultant.
14. Total Performance of the Work
Total Performance of the Work means when the entire Work, except those items arising from the provi-
sions of GC 24 — WARRANTY, has been performed to the requirements of the Contract Documents and
is so certified by the Consultant.
15. Changes in the Work
Changes in the Work means additions, deletions, or other revisions to the Work within the general scope
of the Contract.
Ll
L L D C 2 1962 FIIe 00510
THE GENERAL CONDITIONS OF THE STIPULATED
(Hereinafter referred to as the General Conditions.)
DOCUMENTS
Standard Construction Document
CONTRACT
The Contract Documents shall be signed in duplicate by the Owner and the Contractor.
The Contract Documents are complementary, and what is required by any one shall be as binding as if
required by all.
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.
Words and abbreviations which have well know► *echnical or trade meanings are used in the Contract
Documents in accordance with such recognized meanings.
References to the masculine or the singular shall be considered to include the feminine and the plural as
the context requires.
In the event of conflicts between Contract Documents the following shall apply:
figured dimensions shown on a drawing shall govern even though they may differ from dimensions
scaled on the same drawing,
drawings of larger scale shall govern over those of smaller scale of the same date,
specifications shall govern over drawings,
the General Conditions shall govern over specifications,
Supplementary Conditions shall govern over the General Conditions, and
the executed Agreement between the Owner and Contractor shall govern over all documents.
Notwithstanding the foregoing, documents of later date shall always govern.
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.
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 his representatives. This requirement shall not be
considered to include the executed set of Contract Documents.
Drawings, specifications, models and copies thereof furnished by the Consultant are and shall remain his
property with the exception of the signed contract sets belonging to each party 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 authoriza-
tion of the Consultant.
Models furnished by the Contractor at the Owner's expense are the property of the Owner.
ADDITIONAL INSTRUCTIONS
During the progress of the Work the Consultant will furnish to the Contractor such additional 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.
Additional instructions may be in the form of specifications, drawings, samples, models or other written
instructions.
Additional instructions will be issued by the Consultant with reasonable promptness and in accordance
with a schedule agreed upon for such instructions.
• GC 3 CONSULTANT
3.1 The Consultant will provide administration of this Contract as described in the Contract Documents.
3.2 The Consultant will be the Owner's representative during construction and until completion of any
correction of defects t...der the provisions of GC 24 -- WARRANTY, paragraph 24.2, or until the issuance
of the certificate of Total Performance of the Work, whichever is later. The Owner's instructions to the
Contractor shall be forwarded through the Consultant The Consultant will have authority to act on behalf
of the Owner only to the extent provided in the Contract Documents, unless otherwise modified by
written agreement in accordance with paragraph 3.13.
3.3 The Consultant will not be responsible for and will not have control or charge of construction means,
methods, techniques, sequences or procedures, or for safety precautions and programs required for the
Work in accordance with the applicable construction safety legislation, other regulations or general con-
struction practice. The Consultant will not be responsible for or have control or charge over the acts or
omissions of the Contractor, his Subcontractors or their agents, employees or other persons performing
any of the Work.
3.4 The Consultant will visit the site at intervals appropriate to the progress of construction to familiarize
himself with the progress and quality of the Work and to determine in general if the Work is proceeding in
accordance with the Contract Documents. However, the Consultant will not make exhaustive or con-
tinuous on-site inspections to check the quality or quantity of the Work.
3.5 Based on the Consultant's observations and his evaluation of the Contractor's applications for payment,
the Consultant will determine the amounts owing to the Contractor under the Contract and will issue cer-
tificates for payment in such amounts, as provided in Article A-4 — PAYMENT and GC 14
—CERTIFICATES AND PAYMENTS.
3.6 The Consultant will be, in the first instance, the interpreter of the requirements of the Contract Documents
and the judge of the performance thereunder by both parties to the Contract. Interpretations and decisions
of the Consultant shall be consistent with the intent of the Contract Documents and in making his deci-
sions he will not show partiality to either party.
3.7 Claims, disputes and other matters in question relating to the performance of the Work or the
interpretation of the Contract Documents shall be referred initially to the Consultant in writing for decision
which he will give in writing within a reasonable time.
3.8 The Consultant will have authority to reject work which in his opinion does not conform to the
requirements of the Contract Documents. Whenever he considers it necessary or advisable he will have
authority to require special inspection or testing of work whether or not such work be then fabricated,
installed or completed. However, neither the Consultant's authority to act nor any decision made by him
either to exercise or not to exercise such authority shall give rise to any duty or responsibility of the Consul-
tant to the Contractor, his Subcontractors, or their agents, employees or other persons performing any of
the Work.
3.9 The Consultant will review and take appropriate action upon the Contractor's submittals such as shop
drawings, product data, and samples in accordance with the requirements of the Contract Documents.
3.10 The Consultant will prepare change orders in accordance with the requirements of GC 11 — CHANGES IN
THE WORK.
3.11 The Consultant will conduct inspections to determine the dates of Substantial Performance of the Work
and Total Performance of the Work in accordance with the requirements of GC 14 — CERTIFICATES
AND PAYMENTS. He will receive and review written warranties and related documents required by the
Contract and provided by the Contractor and will forward such warranties and documents io the Owner
for his acceptance.
3.12 If the Owner and the Consultant agree the Consultant will provide at the site one or more project
representatives to assist the Consultant in carrying out his responsibilities. The duties, responsibilities and
limitations of authority of such project representatives shall be as set forth in writing to the Contractor.
3.13 The duties, responsibilities and limitations of authority of the Consultant as set forth in the Contract
Documents will not be modified or extended without the written consent of the Owner, the Contractor and
the Consultant.
3.14 In the event of the termination of the employment of the Consultant, the Owner shall immediately appoint
a Consultant to whom the Contractor makes no reasonable objection and whose status under the Contract
shall be that of the former Consultant.
3.15 Nothing contained in the Contract Documents shall create any contractual relationship between the
Consultant and the Contractor, his Subcontractors, his suppliers, or their agents, employees or other per-
sons performing any of the Work.
10 CCDC 2 — 1982 F4000710
GC 4 DELAYS
4.1 If the Contractor is delayed in the performance of the Work by an act ur umisbiun 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 Cuntractor. The Contractor shall be reimbursed
by the Owner for reasonable costs incurred by the Cuntractor as the result of such delay.
4.2 If the Contractor is delayed in 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 is 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.
4.4 No extension shall be made for delay unless written notice of cla�lrr is given to the Consultant not later than
fourteen (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 GC 2 — ADDITIONAL INSTRUCTIONS, no Maim 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.
4.6 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 is 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 in the five (5) working days specified, the Contractor
shall be in compliance with the Owner's 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 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:
(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 Fib 00710 11
(c) upon Total Performance of the Work, charge the Contractor the amount by which the full cost of
finishing the Work as certified by the Consultant, including compensation to the Consultant for his
additional services and a reasonable allowance as determined by the Consultant to cover the cost of
corrections to work performed by the Contractor that may be required under GC 24 - WARRANTY,
exceeds the unpaid balance of the Contract Price; however, if such cost of finishing the Work is less
than the unpaid balance of the Contract Price, he shall pay the Contractor the difference, and
(d) on expiry of the warranty period, charge the Contractor the amount by which the cost of corrections
to his work under GC 24 - WARRANTY exceeds the allowance provided for such corrections, or if
the cost of such corrections is less than the allowance, pay the Contractor the difference.
5.6 If a performance bond has been provided by the Contractor the provisions of this General Condition shall
be exercised in accordance with the conditions of such performance bond.
5.7 The Contractor's obligation under the Contract as to quality, correction and warranty of the work
performed by him up to the time of termination shall continue in force after such termination.
GC 6 CONTRACTOR'S RIGHT TO STOP THE WORK OR TERMINATE CONTRACT
6.1 If the Owner 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 Contractor may,
without prejudice to any other right or remedy he may have, by giving the Owner or receiver or trustee in
bankruptcy written notice, terminate the Contract.
6.2 If the Work should be stopped or otherwise delayed for a period oUthirty (30) days or more under an order
of a court or other public authority and providing that such order was not issued as the result of an act or
fault of the Contractor or of anyone directly or indirectly employed or engaged by him, the Contractor
may, without prejudice to any other right or remedy he may have, by giving the Owner written notice, ter-
minate the Contract.
6.3 The Contractor may notify the Owner in writing, with a copy to the Consultant, that the Owner is in default
of his contractual obligations if:
(a) the Consultant fails to issue a certificate in accordance with the provisions of GC 14 - CER-
TIFICATES AND PAYMENT, or
(b) the Owner fails to pay the Contractor when due the amounts certified by the Consultant or awarded
by arbitration or court, or
(c) the Owner violates the requirements of the Contract to a substantial degree and the Consultant
confirms by written statement to the Contractor that sufficient cause exists.
The Contractor's written notice to the Owner shall advise that if the default is not corrected in the five (5)
working days immediately following the receipt of the written notice the Contractor may, without pre-
judice to any other right or remedy he may have, stop the Work or terminate the Contract.
6.4 If the Contractor terminates the Contract under the conditions set out above, he shall be entitled to be paid
for all work performed including reasonable profit and for loss sustained upon products and construction
machinery and equipment and such other damages as the Contractor may have sustained as a result of the
termination of the Contract.
GC 7 DISPUTES
7.1 Differences between the parties to the Contract as to the interpretation, application or administration of
this Contract or any failure to agree where agreement between the parties is called for, herein collectively
called disputes, which are not resolved in the first instance by decision of the Consultant pursuant to the
provisions of GC 3 -CONSULTANT, paragraphs 3.6 and 3.7, shall be settled in accordance with the re-
quirements of this General Condition.
7.2 The claimant shall give written notice of such dispute to the other party no later than thirty (30) days after
the receipt of the Consultant's decision given under GC 3 - CONSULTANT, paragraph 3.7. Such notice
shall set forth particulars of the matters in dispute, the probable extent and value of the damage and the
relevant provisions of the Contract Documents. The other party shall reply to such notice no later than
fourteen (14) days after he receives or is considered to have received it, setting out in such reply his
grounds and other relevant provisions of the Contract Documents.
12
CCDC 2 1982 File 00710
7.3 If the matter in dispute is not resolved promptly the Consultant will give such instructions as in his opinion
are necessary for the proper performance of the Work and to prevent delays pending settlement of the
dispute. The parties shall 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 with 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 him to do, in-
cluding costs resulting from interruption of the Work.
7.4 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 party 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.
GC 8 ASSIGNMENT
8.1 Neither party to the Contract shall assign the Contract or 4 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 forces.
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:
(a) provide for the co-ordination of the work of his own forces and of each separate contract with the
Work of this Contract, and
(b) ensure that insurance coverage is provided to the same requirements as are called for in GC 20 — IN-
SURANCE. Such insurance shall be co-ordinated with the insurance coverage of this Contractor as it
affects the Work of this Contract.
9.3 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 WORK, and the value of the changes shall be
determined in accordance with GC 12 VALUATION AND CERTIFICATION OF CHANGES IN THE
WORK.
9.4 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 all reasonable precautions to avoid labour disputes or other disputes on the Project
arising from the work of Other Contractors.
GC 10 SUBCONTRACTORS
10.1 The Contractor agrees to preserve and protect the rights of the partes under the Contract with respect to
work to be performed under subcontract and to:
(a) 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
(b) be as fully responsible to the Owner for acts and omissions of his Subcontractors and of persons
directly or indirectly employed by them as for acts and omissions of persons directly employed by him
The Contractor therefore agrees that he will incorporate the terms and conditions of the Contract
Documents into all subcontract agreements he enters into with his Subcontractors.
CCDC 2 - 1982 File 00710
13
10.2 The Contractor agrees to employ those Subcontractors proposed by him in writing and accepted by the
Owner at the signing of the Contract.
10.3 The Owner may, for reasonable cause, object to the use of a proposed Subcontractor and require the
Contractor to employ one of the other subcontract bidders.
10.4 In the event that the Owner requires a change from a proposed Subcontractor the Contract Price shall be
adjusted by the difference in cost and mark-up occasioned by such required change.
10.5 The Contractor shall not be required to employ as a Subcontractor a person or firm to whom he may
reasonably object.
10.6 The Consultant may, upon reasonable request and at his discretion, provide to a Subcontractor infor-
mation as to the percentage or quantity of the Subcontractor's work which has been certified for payment.
10.7 Nothing contained in the Contract Documents shall create a contractual relationship between a
Subcontractor and the Owner.
GC 11 CHANGES IN THE WORK
11.1 Except as provided in GC 12 — VALUATION AND CERTIFICATION OF CHANGES IN THE WORK,
paragraph 12.4:
(a) the Owner, through the Consultant, without invalidating the Contract, may make Changes in the
Work with the Contract Price and Contract Time being adjusted accordingly by written order, and
(b) no Changes in the Work shall be proceeded with without a written order signed by the Owner and no
claim for a change in the Contract Price or change in trove Contract Time shall be valid unless so
ordered and at the same time valued or agreed to be valued as provided in GC 12 — VALUATION
AND CERTIFICATION OF CHANGES IN THE WORK.
GC 12 VALUATION AND CERTIFICATION OF CHANGES IN THE WORK
12.1 The value of a change shall be determined in one or more of the following methods:
(a) by estimate and acceptance in a lump sum;
(b) by unit prices set out in the Contract or subsequently agreed upon;
(c) by cost and a fixed or percentage fee.
12.2 When a change in the Work is proposed or required the Contractor shall present to the Consultant for
approval his claim for a change in the Contract Price and change in Contract Time with appropriate
documentation in a form acceptable to the Consultant. The Consultant will satisfy himself as to the
correctness of such claim and, when approved by the Owner, a change order shall be issued to the Con-
tractor amending the Contract Price and Contract Time as appropriate. The value of work performed in the
change shall be included for payment with the regular certificates for payment.
12.3 In the case of changes in the Work to be paid for under methods (b) and (c) of paragraph 12. 1, the form of
presentation of costs and methods of measurement shall be agreed to by the Consultant and Contractor
before proceeding with the change. The Contractor shall keep accurate records, as agreed upon, of quan-
tities or costs and present an account of the cost of the change in the Work, together with vouchers where
applicable.
12.4 If the method of valuation, measurement, change in Contract Price and change in Contract Time cannot
be promptly agreed upon and the change is required to be proceeded with then the Consultant in the first
instance will determine the method of valuation, measurement, the change in Contract Price and Contract
Time subject to final detemination in the manner set out in GC 7 — DISPUTES. In this case the Consultant
will, with the consent of the Owner, issue a written authorization for the change setting out the method of
valuation and if by lump sum his valuation of the change in Contract Price and Contract Time.
12.5 In the case of a dispute in the valuation of a change authorized in the Work and pending final
determination of such value, the Consultant will certify the value of work performed in accordance with his
own evaluation of the change and include the amount with the regular certificates for payment. The Con-
tractor shall keep accurate records of quantities and cost of such work.
12.6 It is intended in all matters referred to above that both the Consultant and Contractor shall act promptly.
t4 CCC 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 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
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) day i atter 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 Smount 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 holdoack
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 application 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
. 14.7 The Consultant will, no later than ten (10) days after the receipt of an application from the Cuntrdctor for
payment upon Total 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 severe (7) days after his inspection, notify
the Contractor of his approval or the reasons for his disapproval of the application. When the Consultant
finds that Total Performance of the Work has been reached fie will issue a certificate of Total Performance
of the Work and certify for payment the remaining monies due to the Contractor under the Contract less
holdback monies which are required to be retained. The date of Total Performance of the Work shall be as
stated in this certificate. Subject to the provisions of GC 18 --- WORKERS' COMPENSATION
INSURANCE, paragraph 18.1 the Owner shall, no later than five (5) days after the issuance of such cer-
tificate, make payment to the Contractor in accordance with the provisions of Article A-4 - PAYMENT.
14.8 The release of the remaining holdback monies 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 staternent that all accounts for labour, subcontracts, products, con-
struction machinery and equipment and other indebtedness which may have been incurred by the Con-
tractor in the Total Performance of the Work and for which the Owner might in any way be held responsi-
ble have been paid in full except holdback monies properly retained.
14.9 If because of climatic or other conditions reasonably beyond the control of the Contractor there are items
of work that cannot be performed, payment in full for work which has been performed as certified by the
Consultant shall not be withheld or delayed bN the Owner on account thereof, but the Owner may
withhold until the remaining work is finished only such monies as the Consultant determines are sufficient
and reasonable to cover the cost of performing such remaining work and to adequately protect the Owner
from claims.
14.10 No payment made by the Owner under this Contract or partial or entire use or occupancy of the Work by
the Owner shall constitute an acceptance of work or products which are not in accordance with the
requirements of the Contract Documents.
14.11 All certificates issued by the Consultant shall be to the best of his knowledge, information and belief. By
issuing any certificate the Consultant does not guarantee the correctness or completeness of the Work.
14.12 As of the date of Total Performance of the Work, as set out in the certificate of Total Performance of the
Work, the Owner expressly waives and releases the Contractor from all claims against the Contractor
including without limitation those that might arise from the negligence or breach of contract by the Con-
tractor except one or more of the following:
(a) those made in writing prior to the date of Total Performance of the Work and still unsettled;
(b) those arising from the provisions of GC 19 — INDEMNIFICATION or GC 24 — WARRANTY;
In the Common Law provinces GC 14.12(c) shall read as follows.
(c) those made in writing within a period of six years from the date of Substantial Performance of the
Work, as set out in the certificate of Substantial Performance of the Work, or within such shorter
period as may be prescribed by any limitation statute of the province or territory of the Place of the
Work and arising from any liability of the Contractor for damages resulting from his performance of
the Contract with respect to substantial defects or deficiencies in the Work for which the Contractor is
proven responsible.
As used herein "substantial defects or deficiencies" means those defects or deficiencies in the Work
which affect the Work to such an extent or in such a manner that a significant part or the whole of the
Work is unfit for the purpose intended by the Contract Documents.
In the Province of Quebec GC 14.12(c) shall read as follows:
(c) those arising under the provisions of Article 1688 of the Civil Code.
14.13 As of the date of Total Performance of the Work, as set out in the certificate of Total Performance of the
Work, the Contractor expressly waives and releases the Owner from all claims against the Owner including
without limitation those that might arise from the negligence or breach of contract by the Owner except
those made in writing prior to the Contractor's application for payment upon Total Performance of the
Work and still unsettled.
14.14 Notwithstanding GC 1 — DOCUMENTS, paragraph 1.6, in the event of conflict between the provisions of
this General Condition and Article A-5 — RIGHTS AND REMEDIES paragraph (a) or GC 22 — DAMAGES
AND MUTUAL RESPONSIBILITY, the provisions of this General Condition shall govern.
16 CCDC 2 1982 Fde 00710
. GC 15 TAXES AND DUTIES
15.1 Unless otherwise stated in Supplementary Conditions the Contractor shall pay the government sales
taxes, customs duties and excise taxes with respect to the Contract.
15.2 Where an exemption or recovery of government sales taxes, customs dunes 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 costs 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 in 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 laws, 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.
16.4 The Contractor shall not be responsible for verifying that the Contract Documents are in compliance with
the applicable laws, ordinances, rules, regulations and c�,Jas 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 ;bc 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 -- CHANGES 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 Owner 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 for whose acts he may be liable.
17.2 The Owner shall hold the Contractor harmless 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 in executing anything for the purpose
of the Contract, the model, plan or design 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 Perforr ,once of
the Work, the Contractor shall provide evidence of compliance with the requirements of the province or
territory 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
such evidence of compliance by himself and his Subcontractors
CCDC 2 - 1982 F11e 00710 17
GC 19 INDEMNIFICATION
19.1 The Contractor shall indemnify and hold harmless the Owner and the Consultant, their agents and
employees from and against claims, demands, losses, costs, damages, actions, suits or proceedings by
third parties that arise out of, or are attributable to, the Contractor's performance of the Contract
(hereinafter called "claims"), provided such claims are:
(a) attributable to bodily injury, sickness, disease, or death, or to injury to or destruction of tangible pro-
perty, and
(b) caused by negligent acts or omissions of the Contractor or anyone for whose acts he may be liable,
and
(c) made in writing within a period of six years from the date of Substantial Performance of the Work as
set out in the certificate of Substantial Performance of the Work, or within such shorter period as may
be prescribed by any limitation statute of the province or territory of the Place of the Work.
The Owner expressly waives the right to indemnity for claims other than those stated above.
19.2 The obligation of the Contractor to indemnify hereunder shall be limited to one million dollars per
occurrence from the commencement of the Work until Substantial Performance of the Work and
thereafter to an aggregate limit of one million dollars.
19.3 The Owner shall indemnify and hold harmless the Contractor, his agents and employees 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 a lack of or defect in title or an alleged lack of or
defect in title to the Place of the Work.
19.4 Notwithstanding GC 1 — DOCUMENTS, paragraph 1.6, in the event of conflict between the provisions of
this General Condition and Article A-5 — RIGHTS AND REMEDIES paragraph (a) or GC 22 — DAMAGES
AND MUTUAL RESPONSIBILITY, the provisions of this General Condition shall govern.
GC 20 INSURANCE
20.1 Without restricting the generality of GC 19 — INDEMNIFICATION, the Contractor shall provide, maintain
and pay for the insurance coverages listed in this General Condition unless otherwise stipulated:
(a) General Liability Insurance:
General liability insurance shall be in the joint names of the Contractor, the Owner, and the Consultant
with limits of not less than one million dollars inclusive per occurrence for bodily injury, death, and
damage to property including loss of use thereof, with a property damage deductible of five
hundred dollars. The form of this insurance shall be the latest edition of CCDC Form 101 and shall be
maintained continuously from commencement of the Work until twelve (12) months following the
date of Substantial Performance of the Work, as set out in the certificate of Substantial Performance
of the Work,or until the certificate of Total Performance of the Work is issued, whichever is the later,
and with respect to completed operations coverage for a period of not less than twenty four (24)
months from the date of Total Performance of the Work, as set out in the certificate of Total Per-
formance of the Work, and thereafter to be maintained for a further period of four (4) years. Should
the Contractor decide not to employ Subcontractors for operations requiring the use of explosives for
blasting, or pile driving or caisson work, or removal or weakening of support of property, building or
land; CCDC Form 101 as required shall include Endorsement CCDC Form 101-2. 1
(b) Automobile Liability Insurance:
Automobile liability insurance in respect of licensed vehicles shall have limits of not less than one
million dollars inclusive per occurrence for bodily injury, death, and damage to property, in the follow-
ing forms endorsed to provide the Owner with not less than fifteen (15) days written notice in advance
of any cancellation, change or amendment restricting coverage:
(1) Standard non -owned automobile policy including standard contractual liability endorsement.
(2) Standard owner's form automobile policy providing third party liability and accident benefits
insurance and covering licensed vehicles owned or operated by or on behalf of the Contractor.
(c) Aircraft and Watercraft Liability Insurance:
Aircraft and watercraft liability insurance with respect to owned or non -owned aircraft and watercraft
if used directly or indirectly in the performance of the Work, including use of additional premises, shall
be subject to limits of not less than one million dollars inclusive per occurrence for bodily injury, death,
and damage to property including loss of use thereof and limits of not less than one million dollars for
aircraft passenger hazard. Such insurance shall be in a form acceptable to 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.
is CCDC 2 — 1962 He 00710
(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 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) Boder 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 snall 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 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- 14
TECTION OF WORK AND PROPERTY and GC 22 — DAMAGES AND MUTUAL RESFON-
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 data of Total Performance of the Work, as set out in the certificate of Total
Performance of the Work.
CCDC 2 — 1982 File 00710 19
20.3 The Contractor shall provide the Owner with proof of insurance prior to commencement of the Work and
shall promptly provide the Owner with a certified true copy of each insurance policy exclusive of informa-
tion pertaining to premium or premium bases used by the Insurer to determine the cost of the insurance.
20.4 If the Contractor fails to provide or maintain insurance as required in this General Condition or elsewhere in
the Contract Documents, then the Owner shall have the right to provide and maintain such insurance and
give evidence thereof to the Contractor and the Consultant. The cost thereof shall be payable by the Con-
tractor to the Owner on demand or the Owner may deduct the costs thereof from monies which are due or
may become due to the Contractor.
GC 21 PROTECTION OF WORK AND PROPERTY
21.1 The Contractor shall protect the Work and the Owner's property and property adjacent to the Place of the
Work from damage and shall be responsible for damage which may arise as the result of his operations
under the Contract except damage which occurs as the result of:
(a) errors in the Contract Documents;
(b) acts or omissions by the Owner, the Consultant, Other Contractors, their agents and employees.
21.2 Should the Contractor in the performance of this Contract damage the Work, the Owner's property or
property adjacent to the Place of the Work, the Contractor shall be responsible for the making good of
such damage at his expense.
21.3 Should damage occur to the Work or Owner's property for which the Contractor is not responsible as
provided in paragraph 21.1 he shall make good such damage to the Work and if the Owner so directs to the
Owner's property and the Contract Price and Contract Time shall be adjusted in accordance with GC 11 —
CHANGES IN THE WORK, and the value of the changes shall be determined in accordance with GC 12 —
VALUATION AND CERTIFICATION OF CHANGES IN THE WORK.
GC22 DAMAGES AND MUTUAL RESPONSIBILITY
22.1 If either party to this Contract should suffer damage in any manner because of any wrongful act or neglect
of the other party or of anyone for whom he is responsible in law, then he shall be reimbursed by the other
party for such damage. The party reimbursing the other party shall be subrogated to the rights of the other
party in respect of such wrongful act or neglect if it be that of a third party.
22.2 Claims under this General Condition shall be made in writing to the party liable within reasonable time after
the first observance of such damage and may be adjusted by agreement or in the manner set out in GC 7
— DISPUTES.
22.3 If the Contractor has caused damage to an Other Contractor on the Work, the Contractor agrees upon
due notice to settle with such Other Contractor by agreement or arbitration, if he will so settle. If such
Other Contractor sues the Owner on account of damage alleged to have been so sustained, the Owner
shall notify the Contractor and may require the Contractor to defend the action at the Contractor's
expense. If a final order or judgment against the Owner arises therefrom the Contractor shall pay or satisfy
it and pay the costs incurred by the Owner.
22.4 If the Contractor becomes liable to pay or satisfy a final order, judgment or award against the Owner then
the Contractor, upon undertaking to indemnify the Owner against any and all liability for costs, shall have
the right to appeal in the name of the Owner such final order or judgment to any and all courts of compe-
tent jurisdiction.
GC 23 BONDS
23.1 The Contractor shall promptly provide to the Owner the surety bonds called for in the tender documents.
23.2 Such bonds shall be issued by a duly licensed surety company authorized to transact a business of
suretyship in the province or territory of the Place of the Work and shall be maintained in good standing
until the fulfillment of the Contract. The form of such bonds shall be in accordance with the latest edition
of the CCDC approved bond forms.
GC 24 WARRANTY
24.1 The Contractor shall be responsible for the proper performance of the Work only to the extent that the
design and specifications permit such performance.
24.2 Subject to paragraph 24.1 the Contractor agrees to correct promptly, at his own expense, defects or
deficiencies in the Work which appear prior to and during the period of one year from the date of Substan-
tial Performance of the Work, as set out in the certificate of Substantial Performance of the Work, or such
longer periods as may be specified for certain products or work.
24.3 During the period provided in GC 3 — CONSULTANT, paragraph 3.2, the Consultant shall promptly give
the Contractor written notice of observed defects and deficiencies.
C C D C 2 1982 Fde 00710
. 24.4 The Contractor agrees to correct or pay for damage resulting trom 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 registered 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 results.
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 responsible
for that part of the design or the specified method of construction. The Contractor shall, however, be
responsible for the execution of such design or specified methdd 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 mis-
sing information from the Consultant.
25.6 The Contractor shall prepare and update as required a construction schedule indicating the timing 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
Work relative to the schedule and advise the Consultant of any revisions 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 changed except for good reason and
only then after consultation with the Consultant.
26.3 The supervisor shall 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 27 LABOUR AND PRODUCTS
27.1 Unless otherwise stipulated elsewhere in the Contract Documents, the Contractor shall provide and pay
for labour, 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 his employees engaged on the Work and
shall not employ on the Work anyone not skilled in the task assigned to him.
CCDC 2 1982 File 00711) 21
GC 28 SUBSURFACE CONDITIONS
28.1 The Contractor shall promptly notify the Consultant in writing if in his opinion the subsurface conditions at
the Place of the Work differ materially from those indicated in the Contract Documents, or a reasonable
assumption of probable conditions based thereon.
28.2 After prompt investigation, should the Consultant determine that conditions do differ materially, he will
issue appropriate instructions for changes in the Work in accordance with GC 11 — CHANGES IN THE
WORK, and the value of the changes shall be determined in accordance with GC 12 VALUATION AND
CERTIFICATION OF CHANGES IN THE WORK.
GC 29 USE OF THE WORK
29.1 The Contractor shall confine his apparatus, the storage of products, and the operations of his employees
to limits indicated by laws, ordinances, permits or the Contract Documents and shall not unreasonably
encumber the premises with his products.
29.2 The Contractor shall not load or permit to be loaded any part of the Work with a weight or force that will
endanger the safety of the Work.
GC 30 CLEANUP AND FINAL CLEANING OF THE WORK
30.1 The Contractor shall maintain the Work in a tidy condition and free from the accumulation of waste
products and debris, other than that caused by the Owner, Other Contractors or their employees.
30.2 Upon attaining Substantial Performance of the Work, the Contractor shall remove his surplus products,
tools, construction machinery and equipment not required for the performance of the remaining work. He
shall also remove waste products and debris other than that caused by the Owner, Other Contractors or
their employees, and leave the Work clean and suitable for occupancy by the Owner unless otherwise
specified.
30.3 Total Performance of the Work shall not be attained until the Contractor has removed his surplus
products, tools, construction machinery and equipment. He shall also have removed waste products and
debris, other than that caused by the Owner, Other Contractors or ;heir employees.
GC 31 CUTTING AND REMEDIAL WORK
31.1 The Contractor shall do the cutting and remedial work required to make the several parts of the Work
come together properly.
31.2 The Contractor shall co-ordinate the Work to ensure that this requirement is kept to a minimum.
31.3 Should the Owner, the Consultant, Other Contractors or anyone employed by them be responsible for
ill-timed work necessitating cutting or remedial work to be performed, the cost of such cutting or remedial
work shall be valued as provided in GC 12 -- VALUATION AND CERTIFICATION OF CHANGES IN THE
WORK.
31.4 Cutting and remedial work shall be performed by specialists familiar with the materials affected and shall
be performed in a manner to neither damage nor endanger the Work.
GIC 32 INSPECTION OF THE WORK
32.1 The Owner and the Consultant or their authorized agents or representatives shall at all times have access
to the Work. If parts of the Work are in preparation at locations other than the Place of the Work, the
Owner and the Consultant or their authorized agents or representatives shall be given access to such work
whenever it is in progress.
32.2 If work is designated for special tests, inspections or approvals in the Contract Documents, or by the
Consultant's instructions, or the laws or ordinances of the Place of the Work, the Contractor shall give the
Consultant timely notice requesting inspection. Inspection by the Consultant shall be made promptly. The
Contractor shall arrange for inspections by other authorities and shall give the Consultant timely notice of
the date and time.
32.3 If the Contractor covers or permits to be covered work that has been designated for special tests,
inspections or approvals before such special tests, inspections or approvals are made, given or completed,
he shall, if so directed, uncover such work, have the inspections or tests satisfactorily completed and make
good such work at his own expense.
22 CCDC 2 1982 Fae 00710
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. It. 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 to
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 sha!l review all shop drawings. By this review the
Contractor represents that he has determined and 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 not 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.
CC C 2 — 198'2 F"00710 23
,F 35.4 Where costs under a cash allowance exceed the amount of the allowance, the Contractor shall be
compensated for any excess incurred and substantiated plus an allowance for overhead and profit as set
out in the Contract Documents.
35.5 The Contract Price shall be adjusted by written order to provide for any excess or deficit to each cash
allowance.
35.6 Progress payments on account of work authorized under cash allowances shall be included in the
Consultant's monthly certificates for payment.
35.7 A schedule shall be prepared jointly by the Consultant and Contractor to show when items called for under
cash allowances must be authorized by the Consultant for ordering purposes so that the progress of the
Work will not be delayed.
GC 36 CONTINGENCY ALLOWANCE
36.1 The Contract Price includes the contingency allowance, if any, stated in the Contract Documents.
36.2 Expenditures under the contingency allowance shall be authorized in accordance with GC 11 —
CHANGES IN THE WORK, and the value shall be determined in accordance with GC 12 — VALUATION
AND CERTIFICATION OF CHANGES IN THE WORK.
36.3 The Contract Price shall be adjusted by written order to provide for any excess or deficit in the contingency
allowance.
0
10
24 CC DC 2 - 1962 Fib 00710
j
CORPOP � it,;:: OF THE
TOWNSHIP (IF BAYHf= %'
BY-LAW No. 2176
BEING a By -Law to confirm all actions of the Council of the
TOWNSHIP OF BAYHAM at the meeting(s) held 3epteniber 22, 103
BE IT ENACTED BY THE COUNCIL OF THE CORPORATION OF THE TOWNSHIP
OF BAYHAM pursuant to the provisions of The Municipal Act that
all actions by the said Council b- , by-laws acid resolutions
passed at cbe regular meeting held SeptemrAr 22 , and special
meeting(s) held
be and the same are hereby approved and confirmed as if all such
proceedings were expressly embodied in this By -Law.
Read a First, Second and Third *i�ne and Finally Passed this
22 day of Jeptembe;r 19 33
Reeve Clerk
TOWNSHIP OF BAYHAM
BY - LAW NO. 2177
A By-law to provide for the Maintenance of the
Adler, Bartley, Benner, Carnes"C", Carruthers,
Casier, Catfish Creek, Coomber "A", Coomber "B",
Coomber "F", Coyle, Dennis, Eden, Fasseel, Fasseel"A",
Fazakas-Slaught, Francia, Jacko, Lautenschlager,
Magyar-Dieleman, Mueller, Mueller "A", Mitts, Nevill,
No. 1, Palmer, Phillips, Pollick, Scanlan,
Schonberger, C. E. Smith, Smith, and Todd
Municipal Drains and to raise the sum of
$11,662.20 to pay therefor.
WHEREAS the above mentioned drains were constructed under the provisions of
the Drainage Act, and according to the several by-laws of the municipality,
providing for such construction , and according to the various reports of the
Township Engineers made thereon.
AND WHEREAS it is provided by the said reports, by-laws and Drainage Act,
that the municipality of the Township of Bayham, shall maintain the said
Drainage works, at the expense of the land and roads in the said Township
in any way assessed for the construction thereof, in the portion according
to such assessment, until such assessments or portions thereof, be
varied.
AND WHEREAS in compliance with such duty, the Municipality has from time
to time, carried out certain minor repairs on the said drains.
AND WHEREAS itis desirable to make a pro rata assessment and levy
pursuant to the said Drainage Act, upon the lands and roads assessed for the
construction of the aforesaid drains, so as to provide for and raise
the cost of the said repairsand expenses incidental thereto which amount
in all to $11,662.20 to the lands and roads assessed, and the amount
of the assessments upon which the assessments and proportions hereby
made are fixed,appear upon attached S,_;zedule of Assessments, which
said Schedule is a part of this by-law.
AND WHEREAS it is deemed expedient to levy the amounts in 1983.
NOW THEREFORE the Municipal Council of the Corporation of the Township
of Bayham enacts as follows:
1. THAT for the purpose of paying the said repairs and expenses
incidental thereto or for repaying into the General Funds of the
Municipality the amount or cost thereof the sum of $6,462.66 the
amount charged against the lands of the drainage works, and now assessable
for Maintenance, the following total special rates and amounts as set
out in the Schedule of Assessments attached hereto and forming a part
of this By-law, shall over and above all other rates be assessed and
levied and collected in the same manner and at the same time as other
taxes are levied and collected upon and from the undermentioned lots
or parts of lots as specified in the attached schedule of assessments
in the present year, 1983.
2. THAT for the purpose of paying the sum of $1,101.00 the amount
charged against said roads of the Municipality, and $879.94 the amount
charged against other Municipalities, the Province of Ontario, and
other Boards and Corporations for the aforesaid purpose, accounts shall
be levied against the roads of the Municiapality and against the other
Municiaplities, the Province of Ontario, and other Boards and
Corporations to pay the aforesaid amounts.
3. THAT the sum of $3,218.60 be charged to the Treasurer of Ontario
under the Drain Maintenance Grants Program for repairs to drains
serving agricultural lands.
READ A FIRST, SECOND AND THIRD TIME AND FINALLY PASSED THIS 20th, DAY
OF OCTOBER, 1983.
CLERK
ADLER DRAIN REPAIR
Schedule "A" to By-law No. 2177
TOWNSHIP OF BAYHAM
MUNICIPAL DRAIN REPAIRS
ROLL # REPAIR
3-037
3-032
3-030
3-029
2-158
2-159
2-147
County of Elgin Rd # 45
Total Adler Drain Repair
BARTLEY DRAIN REPAIR
5-020-02
5-023-02
5-023-00
5-027-00
5-028-00
County of Elgin Rd # 44
Total Bartley Drain Repair
BENNER DRAIN REPAIR
2-083
2-097
2-098
2-101
2-103
2-181
2-185
Bayham Roads
Total Benner Drain Repair
CARNES "C" BRANCH DRAIN REPAIR
4-053
4-050
3-147
3-149
3-111
3-110
Bayham Roads
4.40
5.02
1.26
6.38
1.85
1.85
18.79
✓ / . J J
10.60
50.15
15.02
3.65
18.29
2.55
1.27
40.-78
14.62
55.40
17.56
72.46
39.03
30.63
2.81
5.42
3.55
171.46
15.28
186.74
58.80
29.26
67.56
327.09
323.34
32.53
838.59
123.73
1.47
1.68
.42
2.13
.62
.62
6.27
T=.
13.21
5.01
1.22
6.10
.85
.43
TT._T1_
13.61
5.86
24.16
13.01
10.21
1.81
1.19
3F -.-2T-
56.24
19.60
9.76
22.52
109.03
107.78
10.85
279
Carnes "C" Branch 962.31 279.54
Drain Repair
NET
2.93
3.34
.84
4.25
1.23
1.23
12.52
10.60
36.94
10.01
2.43
12.19
1.70
.84
27.17
14.62 7.1714.62
41.79
11.70
48.30
26.02
20.42
2.81
3.61
2.36
1 J .
15.28
130.50
39.20
19.50
45.04
218.06
215.56
21.68
559.04
123.73
682.77
0.00.0...... ... .continued ...............
.....PAGE 2......
Schedule "A" to By-law No. 2177
TOWNSHIP OF BAYHAM
MUNICIPAL DRAIN REPAIRS
CASIER DRAIN REPAIRS
ROLL #
REPAIR
GRANT
NET
CARRUTHERS DRAIN
REPAIRS
45.64
15.22
30.42
19.98
5-132
64.76
21.59
43.17
53.54
5-170
262.60
87.54
175.06
5-132-00
5-171
152.88
50.96
101.92
5-172
131.66
43.89
87.77
3-035
611.911
2U33.79
407.9Z
Bayham'Roads
3-033
225.91
225.91
S/W Oxford
lands
142.09
47.37
94.72
S/W Oxford
Roads
48.90
48.90
Total Carruthers
Drain Repairs
13028.80
251.35
777.45
CASIER DRAIN REPAIRS
COOMBER "A" DRAIN REPAIR
5-125-01
2-159
427.73
142.58
285.15
83.17
2-160
45.64
15.22
30.42
19.98
2-157
160.31
53.44
106.87
53.54
2-155
331.34
110.45
220.89
5-132-00
3-037
6.29
2.10
4.19
3-036
1.52
1.52
3-035
3.50
3.50
3-033
2.33
2.33
978.6U
323.79
654.87
County of
Elgin Rd # 45
17.54
17.54
MTC # 19
32.60
32.60
Total Casier Drain
Repair
1,028.80
323.79
705.01
CATFISH CREEK
DRAIN REPAIR
Township
of Bayham Roads
8.87
8.87
Total Catfish
Drain Repair
8.87
8.87
COOMBER "A" DRAIN REPAIR
5-125-01
9.38
3.13
6.25
5-127-00
83.17
27.73
55.44
5-129-00
59.93
19.98
39.95
5-130-00
80.32
26.78
53.54
5-131-00
3.27
1.09
2.18
5-132-00
.82
.28
.54
Bayham Roads 1.59 1.59
Total Coomber "A" Drain Repair 238.48 78.99 159.49
.............continued.............
.......Page 3........
Schedule "A" to By-law No. 2177
TOWNSHIP OF BAYHAM
MUNICIPAL DRAIN REPAIR
COYLE DRAIN REAPIR
3-131
ROLL #
REPAIR
GRANT
NET
COOMBER "B" DRAIN
REPAIR
44.05
Township of Norfolk
797UT
36.55
33.01
12.19
5-124-00
323.36
107.79
215.57
9.27
5-125.01
965.42
321.81
643.61
Total Coomber "B"
Drain Repair
15288.78
429.60
859.18
COOMBER "F" DRAIN
REPAIR
.83
.28
.55
5-125-01
202.83
67.61
135.22
5-127-00
202.83
67.61
135.22
5-129-00
81.09
27.03
54.06
Total Coomber "F"
Drain Repair
486.75
162.25
324.50
COYLE DRAIN REAPIR
3-131
32.93
10.98
21.95
3-130
66.08
22.03
44.05
Township of Norfolk
797UT
36.55
33.01
12.19
66.00
24.37
Bayham Roads
10.27
1.64
9.27
3-047
32.08
10.70
21.38
Total Coyle Drain Repairs
144.84
45.20
99.64
DENNIS DRAIN REPAIR
............continued..........
3-045
2.31
.77
1.54
3-040
14.31
4.77
9.54
3-048
2.47
.83
1.64
3-047
32.08
10.70
21.38
3-050
4.12
1.38
2.74
3-098
.83
.28
.55
3-100
1.98
.66
1.32
3-109
32.57
10.86
21.71
3-141
.99
.33
.66
3-145
5.76
1.92
3.84
3-109
57.57
19.19
38.38
3-110
.99
.33
i
.66
3-147
24.84
8.28
16.56
4-053
4.28
1.43
2.85
ice. Tu
FF.73
1TT:�37
C P Railway
4.77
4.77
Bayham Roads
50.60
50.60
MTC # 19
9.53
9.53
Total Dennis Drain
Repair
250.00
61.73
188.27
............continued..........
......Page
I
4........
Schedule "A" to By-law No.
2177
TOWNSHIP
OF BAYHAM
MUNICIPAL
DRAIN REPAIR
ROLL #
REPAIR
GRANT
NET
EDEN DRAIN REPAIR
6-114
6.12
6.12
6-201
1.42
1.42
6-202
1.18
1.18
6-203
2.59
2.59
6-118
3.59
3.59
6-189
6.13
6.13
6-190
5.42
5.42
6-185
5.89
5.89
6-184
3.07
3.07
6-183
9.91
9.91
6-182
7.09
7.09
6-118
3.05
3.05
6-191
.95
.95
6-192
.67
.67
6-193
.67
.67
6-194
.67
.67
6-195
.67
.67
6-196
.67
.67
6-197
.67
.67
6-234
1.42
1.42
6-216
5.19
5.19
6-217
5.66
5.66
6-217.01
2.14
2.14
6-218
2.44
2.44
6-236
2.71
271
6-076
4.73
4..73
6-237
2.71
2.71
6-212
4.01
4.01
6-213
4.01
4.01
6-214
3.78
3.78
6-215
3.78
3.78
6-219
1.89
1.89
6-220
1.42
1.42
6-221
1.18
1.18
6-222
.36
.36
6-224
2.95
2095
6-225
.67
.67
6-226
.67
.67
6-227
.67
.67
6-228
.67
.67
6-235
.67
.67
6-118
2.36
.79
1.57
6-076
1.66
.56
1.10
6-077
27.58
9.20
18.38
6-114
38.66
12.89
25.77
6-115
2.36
.79
1.57.E
186.78
24.23
162.55 --
62.55 -"C
CP Railway
4.01
4.01
Bd of Education
10.06
10.06
Bayham Roads
54.82
54.82
Township of Bayham
3.53
3.53
M T C # 19
69.45
69.45
Total Eden Drain Repair
328.65
24.23
304.42
••........
continued ..........
Schedule "A" to By-law No. 2177
TOWNSHIP OF BAYHAM
MUNICIPAL DRAIN REPAIRS
ROLL # REPAIR
FASSEEL DRAIN REPAIR
........Page 5........
GRANT
NET
2-029 382.04 127.35 254.69
2-112 21.08 7.03 14.05
403:12 134.38 268.74
Bayham Roads 5.26 5.26
County of Eglin # 26 31.62 31.62
Total Fasseel Drain Repair 440.00 134.38 305.62
FASSEEL BRANCH "A" DRAIN REPAIR
2-112 212.10 70.70 141.40
T3T-.T"6 ATO 141.49
BAyham Roads 150.97 150.97
County of Elgin # 26 186.93 186.93
Total Fasseel Drain Repair 550.00 70.70 479.30
FAZAKAS-SLAUGHT DRAIN REPAIR
5-010
87.1t0
29.14
58.26
5-011
21.8
7.29
14.56
5-012-01
4.37
1.46
2.91
Total Fazakas-Slaught Drain Repair
113.62
37.89
75.73
FRANCIS DRAIN REPAIR
2-133
38.04
12.68
25.36
3-025
1.07
.36
.71
3-022
4.55
1.52
3.03
. iu-
County of Elgin # 45
17.20
14.56
2 9
17.20
Total Francia Drain Repair
60.86
14.56
46.30
JACKO DRAIN REPAIR
3-090
45.74
15.25
30.49
2-194
40.71
13.57
27.14
57..-6 3
Bayham Roads
�:4-5-
36.81
28.82
36.81
Norfolk Lands
57.05
19.02
38.03
Norfolk Roads
29.19
29.19
Total Jacko Drain Repair
209.50
47.84
161.66
..........continued...........
...........Page 6..........
Schedule "A" to By-law No. 2177
TOWNSHIP OF BAYHAM
MUNICIPAL DRAIN REPAIRS
ROLL #
REPAIR
GRANT
NET
LAUTENSCHLAGER DRAIN REPAIR
78.24
26.08
52.16
3-132
138.09
46.03
92.06
3-131
312.73
104.25
208.48
3-129
76.96
25.66
51.30
Total Lautenschlager Drain Repair
527.78
175.94
351.84
MAGYAR DIELEMAN DRAIN REPAIR
5-047
39.01
13.01
26.00
5-011
78.24
26.08
52.16
5-017
5.79
1.93
3.86
5-016
10.33
3.45
6.88
5-018
49.20
16.40
32.80
5-019
13.12
4.38
8.74
5-020-02
12.59
4.20
8.39
5-020,04
1.40
2U976-969.92
.47
.93
139.76
Bayham Roads
54.96
4.38
54.96
County of Elgin # 44
8.69
.31
8.69
Total of Magyar Dielemen Drain
273.33
69.92
203.41
Repair
County of Elgin
# 46
�:3T-
1.74
T2-.-0-7-
T4
1.74
Bayham Roads
MUELLER DRAIN REPAIR
............continued .............
5-117
3.29
1.10
2.19
5-114
3.29
1.10
2.19
5-122
10.77
3.59
7.18
5-125
3.94
1.32
2.62
5-082
5.12
1.71
3.41
5-074
1.32
.44
.88
5-071
6.57
2.19
4.38
5-081
.92
.31
.61
5-082
.92
.31
.61
-.-U7
County of Elgin
# 46
�:3T-
1.74
T2-.-0-7-
T4
1.74
Bayham Roads
1.74
1.74
Bayham re Park
9.88
9.88
Total Mueller Drain
Repair
49.50
12.07
37.43
............continued .............
................Page7 ........
Schedule "A" to By-law No. 2177
TOWNSHIP OF BAYHAM
MUNICIPAL DRAIN REPAIRS
Bayham Roads
91.42
Total Nevill Drain Repair 691.35
PALMER DRAIN REPAIR
3-073 70.15
_77.75
County of Elgin # 45 104.85
Total Palmer Drain Repair 175.00
198.81
23.39
__n.3-9-
91.42
492.54
46.76
-T6-.-/-G
104.85
23.39 151.61
............continued...........
ROLL #
REPAIR
GRANT
NET
MUELLER BRANCH "A" DRAIN REPAIR
5-076
1.95
1.95
5-077
2.20
2.20
5-078
2.70
2.70
5-079
3.56
3.56
5-082
1.05
11.46
1.05
Bayham Roads
7.88
11.46--
7.88
C N Railway
3.66
3.66
Total Mueller Branch
"A" Drain
Repair 23.00
23.00
MITTS DRAIN REPAIR
3-043
2.80
2.80
3-044
2.55
2.55
3-045
10.18
3.40
6.78
3-046
5.22
5.22
3-098
2.67
.89
1.78
3-100
8.20
2.74
5.46
3-099
.87
.87
3-101
1.31
1.31
3-102
1.00
1.00
3-103
3.48
3.48
3-141
5.72
1.91
3.81
44.00
-T.�+
3 5-.06-
M T C # 19
1.56
1.56
Bayham Roads
8.44
8.44
Total Mitts Drain Repair
54.00
8.94
45.06
NEVILL DRAIN REPAIR
1-053
235.06
78.36
156.70
1-052
3.57
3.57
1-059
75.83
25.28
50.55
1-061
5.80
1.94
3.86
1-049
42.82
14.28
28.54
1-055
236.85
599.93
78.95
398.r$1
157.90
401.17
Bayham Roads
91.42
Total Nevill Drain Repair 691.35
PALMER DRAIN REPAIR
3-073 70.15
_77.75
County of Elgin # 45 104.85
Total Palmer Drain Repair 175.00
198.81
23.39
__n.3-9-
91.42
492.54
46.76
-T6-.-/-G
104.85
23.39 151.61
............continued...........
. ...............Page 8 ............
Schedule "A" to By-law No. 2177
TOWNSHIP OF BAYHAM
MUNICIPAL DRAIN REPAIRS
ROLL # REPAIR GRANT NET
NO. 1 DRAIN REPAIRS
4-014
6.29
2.10
4.19
4-028
59.25
19.75
39.50
4-053
46.92
15.64
31.28
4-030
15.10
5.04
10.06
4-050
122.90
40.97
81.93
4-061
83.90
27.97
55.93
4-063
43.59
14.53
29.06
4-063
43.71
14.57
29.14
4-064
11.45
3.82
7.63
4-107
40.88
13.63
27.25
4-110
56.73
18.91
37.82
4-115
30.95
10.32
20.63
4-116
7.62
2.54
3 .
5.08
379.50
County of Elgin # 38
11.33
9
11.33
Bayham Roads
44.33
44.33
Total No. 1 Drain Repairs
624.95
189.79
435.16
PHILLIPS DRAIN REPAIRS
5-124
55.84
18.62
37.22
5-122
22.36
7.46
14.90
5.125
95.46
31.82
-57.9�O
63.64
County of Elgin
L73.66
5.19
115:7-6
5.29
Total of Phillips Drain Repairs
178.95
57.90
121.05
POLLICK DRAIN REPAIRS
3-083
4.83
1.61
3.22
3-082
10.91
3.64
7.27
2-186
4.02
1.34
2.68
2-187
2.97
2.97
2-187-01
2.97
2.97
2-189
47.26
15.76
31.50
2-188
35.47
11.83
23.64
2-191
46.00
15.34
30.66
2-192
5.41
1.81
3.60
2-190
10.17
3.39
6.78
3-073
1.64
.55
1.09
2-183
4.63
1.55
3.08
2-185
1.70
.57
1.13
177.
57.39
1,0.53
County of Elgin # 45
19.51
19.51
Total of Pollick Drain Repairs
197.49
57.39
140.10
............continued............
'
Page 9
Schedule "A" to
By-law No. 2177
TOWNSHIP
OF BAYHAM
MUNICIPAL DRAIN REPAIRS
ROLL #
REPAIR
GRANT
NET
SCANLAN DRAIN REPAIR
8-052
16.13
5.38
10.75
8-055
1.47
.49
.98
1-085
1.70
.57
1.13
1-087
7.00
2.34
4.66
1-088
16.86
5.62
11.24
1-089
17.06
5.69
11.37
1-009
7.86
2.62
5.24
1-012
15.41
5.14
10.27
_Y3_:Tq
27.85�
37-6-4
County
of Elgin # 42
2.86
2.86
Bayham
Roads
1.49
1.49
Total Scanlan Drain Repairs
87.84
27.85
59.99
SCHONBERGER
DRAIN
REPAIRS
2-190
189.31
63.11
126.20
2-181
159.76
53.26
106.50
2-101
40.48
13.50
26.98
2-102
193.81
64.61
129.20
2-103
10.71
3.57
7.14
3V4-.U7
1 V8795
-396. 07
Bayham
Roads
170.44
170.44
Total Schonberger
Drain Repairs
764.51
198.05
566.46
C. E. SMITH
DRAIN
REPAIRS
5-124
10.35
10.35
5-125
4.60
4.60
-T4775
Bayham
Roads
14.95
7.14
7.14
Total C. E.
Smith
Drain Repairs
22.09
22.09
.........continued ..............
Schedule "A" to By-law No. 2177
TOWNSHIP OF BAYHAM
MUNICIPAL DRAIN REPAIRS
nnT T U
SMITH DRAIN REPAIRS
5-174
6-176
5-169
5-167
5-165
5-164
5-163
5-162
5-161
6-146
6-147
C N Railway
Bayham Roads
Total Smith Drain Repair
TODD DRAIN REPAIR
5-019
5-020-01
5-019-01
5-020.03
5-020.02
5-023.01
5-023
5-025
5-031
M T C # 3
County of Elgin # 46
Bayham Roads
Total Todd Drain Repair
nVnA TT]
1.97
21.36
3.15
1.89
56.54
26.70
26.70
26.70
57.80
49.97
5.03
.
10.16
29.68
317.65
29.94
4.56
.61
.56
56.99
54.18
.92
32.22
9.12
189.10
23.86
28.88
.37
242.21
........Page 10.......
GRANT
.66
7.12
1.05
.63
18.85
8.90
8.90
8.90
19.27
16.66
1.68
92.62
9.98
19.00
18.06
10.74
3.04
.1 *
60.82
NET
1.31
14.24
2.10
1.26
37.69
17.80
17.80
17.80
38.53
33.31
3.35
10.16
29.68
225.03
19.96
4.56
.61
.56
37.99
36.12
.92
21.48
6.08
128.28
23.86
28.88
.37
181.39
CORPORATION OF THE
TOWNSHIP OF BAYHAM
BY-LAW NO. 2178
Pursuant to Section 56 of The Planning Act, the Council
of the Municipal Corporation of the Township of Bayham
hereby enacts as follows; -
That the Minister of Housing is hereby requested to
make an order under Section 56 of The Planning Act
in respect of the lands described in Schedule "A"
attached hereto and forming part of this bylaw.
Read a First, Second and Third time and finally passed
this 20th day of October, 1983.
f
CLLR'S
I&
Ministry of
Municipal Affairs
and Housing
Ontario
BY COURIER
October 25, 1983
Mr. J. Petrie
Clerk
Township of Bayham
Box 160
Municipal office
Straffordville, Ontario
NOJ 1NO
Subject: Minister's Validation Order
Applicant: Colin Ridgwell
Part of Lot 15, Concession 9
Township of Bayham
By-law 2178
Dear Mr. Petrie:
The above noted Order has been approved pursuant
to section 30 of the Planning Act, 1983.
Yours truly,
Paul Hanson
Planner
Plans Administration Branch
PH/vm
cc: Colin Ridgwell
Legal Branch
777 Bay Street
14th Floor
Toronto, Ontario
M5G 2E5
ORDER MADE UNDER SECTION 56 OF THE PLANNING ACT, 1983
1. A contravention before the 19th day of March, 1973 of
section 29 of The Planning Act, being chapter 349 of the Revised
Statutes of Ontario, 1970 or a predecessor thereof, or of a by-law
passed under a predecessor of the said section, or of an Order made
under clause 27(1)(b), as it existed on the 25th day of June, 1970,
of The Planning Act, being chapter 296 of the Revised Statutes of
Ontario, 1960 or a predecessor thereof, does not have and shall be
deemed never to have had the effect of preventing the conveyance or
creation of any interest in the following parcel of land:
0
That parcel of land situate in the Township of Bayham
in the County of Elgin, being that part of the north half of
Lot 5 in Concession IX more particularly described as follows:
Premising that the bearing of the easterly limit of the said
Lot 5 is due north;
Commencing at a point in the easterly limit of the said Lot 5
distant 2,283.85 feet measured south thereon from a point in
the northeast angle of the said Lot 5;
Thence due west a distance of 10 feet to a point where an
iron stake has been planted in its intersection with the
westerly limit of the road between Lots 5 and 6, County
Road No. 46 widened as shown on Deposit Plan D. 400, the said
point being the place of beginning of the following described
parcel;
Thence south along the west limit of County Road No. 46, as
widened, a distance of 279.15 feet;
Thence due west a distance of 200 feet;
Tehnce due north a distance of 221.72 feet;
Thence north 73058'43" east a distance of 208.08 feet to the
place of beginning.
A'Ae
D. P. McHugh
Director
Plans Administration Branch
Central and Southwest
Ministry of Municipal Affairs and Housing
Dated at Toronto, this �4 day of 1983.
Ontario
Ministry of Community 5' = 673 1611 06^ R�chrniir,a stfeet
Planr.;ng 7th F;oor
Municipal Affairs
Programs Fall Free: London, Ontario
and Housing Division 1.804-265.4736 N6A 5A9
October 14, 1983
Mr. John Holmes
Morris, Holmes and Jenkins
19 Ridout Street East
Tillsonburg, Ontario
N4G 4,31
Dear Mr. Holmes:
Subject: Validation of Title, Township of Bayham
Enclosed is the information we discussed on section 56
of the Planning Act. M though some references are out
of date, the validation guidelines should prove to be
helpful. `
As I mentioned, Bayham Council will meet on October 20.
You may wish to call Mr. Jack Petrie, the municipal
clerk, early in the week.
As the closing date for the sale of your client's pro-
perty is November 2, you have little time to complete
the application and have the Township's request for a
Minister's order submitted and approved.
I believe I mentioned the Ministry usually needs about
2 weeks to complete their paper work.
The by-law and accompanying information should be sent
to Mr. Jim Thurgood at 777 Bay Street, 14th Floor,
Toronto, Ontario MSG 2E5 (Phone 416-585-6054).
Yours very truly,
R. A.-Hundey
Planner
London Region
Community Pla
VOf f ice
ing Advisory Branch
D �
Q j,..
Y
OCT��,
rOWN� .. 1983
PER... ip fit, Y
cc: fir. J. Petrie, Clerk, Township of Bayham
Mr. J. Thurgood, Plans Administration Branch,
Central & Southwest
MORRIS HOLMES and JENKINS
BARRISTERS - SOLICITORS
NOTARIES PUBLIC
THOMAS D. MORRIS, B.S.A., LL.B. 19 RIDOUT ST. EAST, P.O. BOY 488
JOHN R. HOLMES. B.A., LL.B. TILLSO\BURG, ONTARIO - ti4G 4J1
GEORGE D. L. JENKINS, B.A., LL.B. TELEPHONE 842-9017
Township of Bayham,
Box 160,
STRAFFORDVILLE, Ontario.
NOJ 1YO
Attention: J. Petrie.
Dear Sir:
October 18, 1983.
Re: COLIN S. RIDGWELL
Part Lot 5, Concession 9,(Application
to Ministry re Sec. 56 ORDER)
In accordance with our conversation of October 17,
1983, re the above, we enclose herewith the following: -
a) Copy of the Ministry's Validation Guidelines for an
application under Section 29(a) of The Planning Act
(now Section 56), which Guideline includes the
following: -
i) Application Form;
ii) Suggested Bylaw Format;
iii) Municipal appraisal form to accompany the Bylaw
to the Ministry Recommending Validation;
b) Photocopy of Section 56 of The Planning Act;
c) 2 copies of Mr. Ridgwell's Application with two copies
of the Deed to him, of the subject lands attached to
each application and each application including the
required site plan sketch - 1 of the enclosed copies of
the application is to be sent to the Ministry together
with the letter to them as enclosed.
d) 2 copies of the proposed Bylaw, with attached description
of Mr. Ridgwell's lands - 1 for retention by the Township.
Please certify the remaining copy and forward the same to
the Ministry with the letter to them as enclosed.
Continued......... 2
Township of Bayham,
e) 2 copies of
completed by
retained by
sent to the
- 2 - October 18, 1983.
:7
the Municipal Appraisal Forms to be
yourself with one of such copies to be
the Township and the remaining copy to be
Ministry with the letter as enclosed.
f) original and copy of letter to the Ministry which we
would ask that you execute as Clerk, and forward to
the Ministry together with the enclosures set out
therein as soon as possible.
As mentioned to you in our conversation of October 17,
the necessity for the enclosed application arises out of the
following circumstances.
1. In 1963, the lands that are the subject of Mr. Ridgwell's
application were conveyed WITH PLANNING BOARD CONSENT to Ruth Ann
Vermeersch and her late husband. 14
2. In 1968, the lands surrounding those as set out in the
enclosed application were as well conveyed to Ruth Ann Vermeersch
and her late husband.
3. In April of 1969, the surrounding lands as conveyed to
Vermeersch, in 1968, were conveyed by her as surviving joint tenant
to Lucas and Nelda Ten Hoor; this conveyance being in contravention
of the subdivision control bylaw passed by the Township in 1959.
4. In June of 1969, Ruth Vermeersch conveys to Mr. Ridgwell
and his late wife the lands she originally obtained in 1963. This
conveyance again, in June of 1969, to Mr. Ridgwell, is made without
consent and in contravention of the Township's subdivision control
bylaw of 1959.
5. All buildings as set out on Mr. Ridgwell's application
were erected by the Vermeerschs prior to Mr. Ridgwell's purported
purchase in 1969, and accordingly the land use has been the same
since that time.
6. Mr. Ridgwell is now selling the lands as described in
his application with a scheduled closing date of October 31, 1983,
and his title must therefore be rectified immediately.
I trust the enclosed to be sufficient. However, if you
require anything further, please advise.
JRH/ed
Enclosures
Yours very truly,
MORRIS, HOLMES & JENKINS
J. R. Holmes.
Township of Bayham, - 3 - October 18, 1983.
P.S. Please forward the documentation to the Ministry by
purolator and we will reimburse the Township for such
expenses.
9
J.R.H.
w
TI
Ministry of Municipal Affairs
Plans Adminstration Branch,
Central and Southwest,
777 Bay Street, 14th Floor,
TORONTO, Ontario.
M5G 2E5
Attention: Jim Thurgood.
Dear Sir:
October 18, 1983.
and Housing,
Re: COLIN S. RIDGWELL - Part Lot 5,
Conc. 9, Township of Bayham
Application for Validation Order
(Section 56 Planning Act)
In connection with the above, we enclose herewith
the following documentation.
a) copy of Application including two (2) copies of Mr.
Ridgwell's Deed in duplicate;
b) Certified copy of the Township's By-law requesting
validation, with attached description.
c) Copy of Municipal Appraisal form showing no required
conditions set by the Council.
We would ask that you give the enclosed your immediate
attention as Mr. Ridgwell has sold the lands that are the subject
of his application with a scheduled closing date of October 31,
1983.
We are advised by Mr. Ridgwell's solciitor, namely,
John R. Holmes, of Morris, Holmes & Jenkins, 19 Ridout Street,
East, Tillsonburg, Ontario. N4G 4J1 (Telephone 519-842-9017),
that he will be in touch with you shortly as to his obtaining a
copy of the Ministry's Order for registration or any additional
information that you may require.
Yours very truly,
MUNICIP C RPORATION TOWNSHIP OF BAYHAM
JP/ed J. Petrie.
Clerk.
APPLICATION FORM FOR A BYLAW TO VALIDATE TITLE
THE PLANNING ACT - SECTION 29a
"I hereby certify that the following information is accurate and correct to
the best of my knowledge".
October 17, 1983
.............................
Date
Signature of Owner
PLEASE PRINT CLEARLY
.................
Signa e of Agent
1.
Applic;dr�t's Name . , COLIN S. RIDGWELL
....................I...............
Address ..... R.•..R. # 4, AYLMER WEST. ...................
ONTARIO...................TeI. No. . 866-3662 .
2.
Agent's Name MORRIS, HOLMES & JENKINS — Attn : J.R. HOLMES
Address ........19 RIDOUT. STREET, EAST TILLSONBURG,.. _ .
ONTARIO.. N4G. 4J1 . ...... . ..........Tel. No. 842-9017..
3.
In whose name is the property registered .. COLIN S... RIDGWELL
...... (RUTHRIDGWELL = DECEASED) _ .. .
4.
When was the property purchased .. , JUNE 3, 19.6.9
5.
Property description: PART LOT 5, CONCESSION 9, TOWNSHIP OF BAYHAM
COUNTY OF ELGIN
Reference Plan
— Part No.
Not
Applicable 279.15' 200.0' 1.15 acres
Iv
6.
What is the present use of the land ... US.IM UTJ�AL .................
7.
What is the intended use of the land ..U5.-TQ10T.TAL.................
8.
Has a building permit been issued ...XIS .......................... .
9.
Has construction commenced ..YES.-. CQNSTRQQTZQN . QQMP-U"TFQ PRIOR
10, TO 1969 AS PER SITE PLAN SKETCH
A site plan showing: (i)
The scale to be not less than 1 inch = 50 feet;
(ii)
A north point;
The boundaries of the site, its area, dimensions, and
its distance from the nearest highway, concession, or
other road;
(iv)
The width and location of all road allowances and
rights-of-way;
(v) .
The means of connection to any existing sewer or
water services or the location of any proposed septic
tank or water supply;
NO
)
The location of any existing or proposed buildings
and structures or other works on the site, showing
minimum distances from all lot lines;
(vii)
The location of any access road to the site;
(viii)
Significant existing landscape features such as wood
lots, trees, shrubs, etc. and the retention of such
features on the site;
OX)
The location of areas subject to flooding, swampiness
and erosion on and adjacent to the site;
(x)
The slope of the land, including any major physical
features such as escarpments, watercourses, drainage
ditches and bodies of water;
(xi)
Any other proposed works to be undertaken, includ-
ing the provision of landscaping, fences, etc.;
(xii)
Any existing or proposed easements on the land.
d
NOTE Y"
For the guidance of the applicant, an example of a site plan is attached.
10 APPLICANT TO COMPLETE AND RETURN TO MUNICIPALITY
V
11.
What type of access exists to the land
(i)
Private right-of-way ............................................
(ii)
Municipal open road allowance COUNTY ROAD #46 (.. WIDENED)
(iii)
Municipal unopened road allowance ...............................
0A
Other (e.g. water access) .........................................
12.
What type of sewage disposal ...SEPTIC TANK
Existing. SINCE PRE —1969 . , Proposed _ AS IS
If proposed, a report from the Ministry of the Environment or its local representative
indicating adequate water and sewage services can be provided on or to the site to meet
the demands of the proposed use must be attached.
13.
Has a septic tank permit been issu,d for the subject land .. ,YES
14.
What type of water supply ... WELL
Existing SINCE PRE — 1969 . , Proposed .. , .AS IS
If proposed, a report from the Ministry of the Environment or its local representative
indicating adequate water and sewage services can be provided on or to the site to meet
the demands of the proposed use must be attached.
15.
Did the previous owner retain any interest in the subject land ............
16.
Do you have any interest in any other land in the municipality ..NO, , , , ,
17.
If so, describe each separate parcel
Reference Plan Does the Title
— Part No. Lot Con. Need Validating
NOT APPLICABLE
— Attach additional list(s) if necessary.
18.
Why do you consider your title may require validation
In1963 subject lands conveyed with Planning Board Consent.
In 1969 surrounding land conveyed to *sa�me owner .
In. April. 1969. S.ur:CQp c1iiDg..1,and conyeyed_ without Consent.
In June 1969, subject lands conveyed to Colin S.*Ridgwell and
deceased. apouse., mithQut. Consent, .and. in. contravention of
Section 29 Planning Act. Land use of subject iands has not
changed since original construction prior to 1969.
APPLICANT TO COMPLETEAND RETURN TO MUNICIPALITY 11
vi
REQUIRED SITE PLAN SKETCH
SCALE t 11 = So
AREA /. /S Acpi-5
COUNTI
ROA D
-e ��
t4'
i.�
SUGGESTED BYLAW FORMAT
MUNICIPALITY OF TOWNSHIP OF BAYHAM
BYLAW NUMBER 2178
APPENDIX "B"
Pursuant to Section 56 of The Planning Act, the Council
of the Municipal Corporation of the Township of Bayham
hereby enacts as follows -
6
That the Minister of Housing is hereby requested to
make an order under Section 56 of The Planning Act in
respect of the lands described in Schedule "A" attached
hereto and forming part of this bylaw.
read a first time this 20th day of October, 1983
read a second time this 20th day of October, 1983
read a third time
and finally passed this 20th day of October, 1983
.(s.....Max Stewart, ,,,,,,,,,,,,,,Head of Council
.(si0._gned.... J,.. A. Petrie ....... . . . . . . . .Municipal Clerk
I, J. A. PETRIE, Clerk of the CORPORATION
of the TCW :SHIT' of 8,11.YHXV., Do hereby
Crrt.. t' t theregoing is a t e _ �Y
he _CUN'iL c; :hz said CORPORA: rn
tFe L0 {%� DAY of &"'C' 193
SCHEDULE "A"
ALL AND SINGULAR that certain parcel or tract of land and premises
situate, lying and being in the Township of Bayham, in the County
of Elgin and Province of Ontario, being composed of part of the
north half of Lot 5 in the 9th Concession of the said Township
and which may be more particularly described as follows: -
PREMISING that the bearing of the easterly limit of said Lot 5 is
due north;
COMMENCING at a point in the easterly limit of said Lot 5 distant
2,283.85 feet measured south thereon from a point in the north east
angle of said Lot 5;
THENCE due west a distance of 10 feet to a point where an iron
stake has been planted in its intersection with the westerly limit
of the road between Lots 5 and 6 County Road #46 widened as shown
on Deposit Plan D.400, the said point being the place of beginning
of the following described parcel.
THENCE south along the west limit of County Road #46, as widened,
a distance of 279.15 feet;
THENCE due west a distance of 200 feet;
THENCE due north a distance of 221.72 feet;
THENCE north 73 degrees 58 minutes 43 seconds east a distance of
208.08 feet to the place of beginning.
Containing by admeasurement an area of 1.15 acres be the same
more or less.
F
Form 101—teed Without Dower tat Paire
United Stationery Co. Limited, Lena) Form Dept.
4" Richmond St. W.. Toronto.
made (in duplicate) the
twentieth
one thousand nine hundred and Sixty-nine*
in Vurouanrr of X4r ftort Norms of Monorganrra Ari.
Joetwent
day of May
RUTH ANIS VRI.."d�R3CH, of the Township of 3ayham in
the county of Llp;in, '.-Adow, herein•ifter called the C,rantor
nd-
::GLIA. �;.RI>>O.:ELL, of the Town of iillsonburp in the
,;;ounty of 0 fiord, Foreman, anc HUTH ltll C.;�:1.L, his wife, of the
sa.iie r)lace, ilerei nafter called the Or,intees
t:ie Gr-3ntor was the holder of the r:erein,�fter described
lands 'en(.1 premises as Joint tenant with Ivo Vermeersch, of the
:'own;;i,, of '3ayh:im in the l.ounty of Ip, Assistant i:anager
mica tree said Ivo Vermeersch, died on or about. Decern:)er 11th, f96
and the said orantor is the surviving ,point tenant.
Certificate for He7istr=,tion 19,.439683 dated Janua
30th 1969 in the estate of the said Ivo Vermeersch, deceased, h
been r e�istered in the Registry Office for the Registry hivisio
of the -ounty of 'Agin on the 4th day of February A.U.1969 as
Numbpr 131514.
AN"' .41-1EREAS Dominion ::state Tax Consent Number
81249303 in the estate of the said Ivo Vermeersch, deceased,
d ted the 3rd d.iy of Febraar.., 1969 is attached hereto.
Itneal afih that inconsideration of other valuable consideration
thesure o: two — — — — — — — — — — — — — — — — — — — — — —
- - - - - - - 00/"1u0 Dollars of lawful money of Canada, now paid
by the said Grantee s to the said Grantor , the receipt whereof is hereby
by h e r acknowledged, s h e
unto said Grantee s in fee simple.
the said Grantor 13o t h grant
All aub Oingular th,it certain parcel or tract of land and premises
Si u te, !�irg and beta in the Township of �ayham in the ti;ounty of
,in Ind , roving of C,1t=)rio, Uein;r com-)osed of part of the
nortit i;ali of Lot 5 in the 9th Concession of the saki Township
zinc which may be more nnrticularltr descrioed as follows:-
,I�::;C that the oearinr; of the easterly limit of s'ii i Lot 5
is die North
!:C:" -'-'ICI:,3i'`t at a point in the easterly limit of sair Lot 5 -dis-
tant 2283.85 feet measured south thereon from a point in the
north east angle of said Lot 5:
T►'LNC:: due west to distance of 10 feet to a point where an
iron st-i :e ji,)s been nl.anted in its intersection with the west-
erly limit of the road oetween Lots 5 and 6 County toad .46
widened as shown on Deposit ?1=3n 1..400, tree said obint being
the place of )errinnino; of the following descrioed parcel.
:'I'J"CE So,ith •ilonir the west limit of County Hoad ••46, a s
widened, n distance of 279.15 feet
.
-2-
TI: NCr due west a distance of 200 feet:
,?_IAC:., clue north a distance of 221.72 feet:
TH.'-,JCI,, north 73 degrees 5¢ ,minutes 43 seconds east a distance of
208.0' feet to the place of oep_,innino.
Containin- by idmeasilrerrIent an area of 1.15 acres oe the sa ne
more nr less.
Form 1., Ma Maur and to halal unto the said Grantee s t h e i r heirs and assigns to
Pas.
Deed
W1t)W"t Dow" and for-en&their sole and only use forever.
"Ittt neurrthrlrss to the reservations, limitations, provisos and conditions
expressed in the original grant thereof from the Crown.
• Xhe said Grantor (fournant s with the said Grantees That s he ha s the
right to convey the said lands to the said Grantee a notwithstanding any act
of the said Grantor.
.a
And that the said Grantees shall have quiet possession of the said lands, free
from all incumbrances.
And the said Grantor Tnurnants with the said Grantees that she will
• '.: execute such further assurances of the said lands as may be requisite.
And the said Grantor fllournant s with the said Grantees that she has
• ♦ • a a
ll done no act to incumber the Flr
id lands.
And the said Grantor Erlraw - to the said Grantee s All h e r
claims upon the said lands.
bt 0-11"tnea bereof the said parties hereto have hereunto set
their hands and seals
ftnrd. Oralyd and Drliurred
IN THE PRESENCE OF 0
N��" 44"--
..G L�+2tilt.i
4;it�-
COMBINED AFFIDAVIT AS TO LEGAL AGE AND MARITAL STATUS
who - also executed the within instruments•- - - _ .. _ _ of the ttrll- age -of- twenty-one years
i
3. I was- Iftmily married. to -the- person name4 therein -a• my-wif0husband;
0 - • • v/
• • • • • 4. I was unma"ied/divoreed /widow er.
• SWORN before me at the
• • •o7 ,
• ll. �.
iN the � <. i/� c c
of
this 2nd d off June
• A Commissioner for taking Affidavits, etc.
• NOTE: If Attorney, substitute in space provided "I am Attorney for....__ (State name)... .
one of the parties named therein and he/she was of the full age of twenty-one years"
AFFIDAVIT UNDER LANDS TRANSFER TAX ACT
In the Matter of The nand Transfer Tax Act
Province of Ontario
I
of the ;..: i of '' ••::
of in the : ' ' of
of the
![owr!S 1, i
of
This affidavit may
be made by the
of
.......
purchnier or ven-
named in the within (or annexed) transfer.
dor or by any one
In the;�"`lil+.'•
of l�-inv :�.r.:Ow,
2. I have a personal knowledge of the facts stated in this affidavit.
under iw,w•er of
attorney or by an
3. The true amount of the monies in cash and the value of any property or security
TO WIT:
agenrits accreditedthe in
wr�tinR by the
consideration is as follows:
Strike out
words and
in the within instrument
named, make oath and
say that at the time of
the execution of the within
part% not
instrument,
(b) Property transferred in exchange: Equity value $. ... ....... ....... _.._......»_.._.. _.._.......
�~ . .......
.�.?.._..
applicable
Encumbrances..................................._�...._.._._..._. $
.........W�
(c) Securities transferred to the value of ....... _
and initial.
1 • 1 was of the full age of
twenty-one years;
i
If Attorney
see footnote.
r
Y) Liens, annuities and maintenance charges to which transfer is subject .... _
'Y•
2. AFul- ti+at
, 1
......
Clause 4. 5
who - also executed the within instruments•- - - _ .. _ _ of the ttrll- age -of- twenty-one years
i
3. I was- Iftmily married. to -the- person name4 therein -a• my-wif0husband;
0 - • • v/
• • • • • 4. I was unma"ied/divoreed /widow er.
• SWORN before me at the
• • •o7 ,
• ll. �.
iN the � <. i/� c c
of
this 2nd d off June
• A Commissioner for taking Affidavits, etc.
• NOTE: If Attorney, substitute in space provided "I am Attorney for....__ (State name)... .
one of the parties named therein and he/she was of the full age of twenty-one years"
AFFIDAVIT UNDER LANDS TRANSFER TAX ACT
In the Matter of The nand Transfer Tax Act
SWORN before me at the
of
in the
of
this 2nd da of
19
V<-ZLl� - -
A Commissioner for taking Affidavits, etc.
cin .-1►irt-
It v /
June
All
blanks
must
be filled
In
Province of Ontario it
of the ;..: i of '' ••::
of in the : ' ' of
To Wit: make oath
and say:
This affidavit may
be made by the
i r
1. I am . .... ............................
.......
purchnier or ven-
named in the within (or annexed) transfer.
dor or by any one
acting for them
2. I have a personal knowledge of the facts stated in this affidavit.
under iw,w•er of
attorney or by an
3. The true amount of the monies in cash and the value of any property or security
included in the
agenrits accreditedthe in
wr�tinR by the
consideration is as follows:
rurchu%er or -.rndor
or the solicitor
G a
of either othem.
(a) Monies paid in cash ......................._....................................._......__.--------....E
.......... ....}......
(b) Property transferred in exchange: Equity value $. ... ....... ....... _.._......»_.._.. _.._.......
�~ . .......
.�.?.._..
Encumbrances..................................._�...._.._._..._. $
.........W�
(c) Securities transferred to the value of ....... _
(d) Balances of existing encumbrances with interest owing at date of transfer $
i
(e) Monies secured by mortgage under this transaction .................... ................. ;
.�
r
Y) Liens, annuities and maintenance charges to which transfer is subject .... _
'Y•
Total consideration ...... _...... ...
, 1
......
Clause 4. 5
and 6 should
bestruck out
4. If-eeeaidrraeien-'is a »nnl; 4t3-the-tvs7tsfier-forrrstutsl E and-atiertims-! .......» ..........................._.»..
it not applicableor
5. If`srr, wlm-t ts-tht-retatimirThi r "wear finainr Srttt'GY> ntew?
necessary.
6. Other remarks and explanations, if necessary................................__....»..._......_.............................._........
SWORN before me at the
of
in the
of
this 2nd da of
19
V<-ZLl� - -
A Commissioner for taking Affidavits, etc.
cin .-1►irt-
It v /
June
All
blanks
must
be filled
In
•.
t
I, Ina Maud Dean
:•ounty OF '� of the `Town of '!I I.loon burl, in the
�Y Corci
,,ounty of Cx1 or(1, Secretary
TO WIT: make oath and say:
1. THAT I was personally present and did see the within or annexed Instrument and a duplicate thereof duly
signed, sealed and executed by .%.A t 'r1 n ri 'IQ 2`•' t'rS C ? , on =�
of the parties thereto.
2. THAT the said Instrument and duplicate were executed by the said part ;` at the ��' ►; of
1 �!?Tl')'17"' '1 *iiC �O'liit •� r (' 'nrr�.
S. THAT I know the said part '
4. THAT I am a subscribi witness to the said Aatrument and duplicate.
SWORN before me at th ;��'+'t of
/ 1
of
this Zn day of e
A.D. 19 _
A Commissioner for UkMg_Affjd&zits,46e
I,
OF of the of in the
of
TO WIT: make oath and sav:
1. THAT I was personally present and did see the within or annexed Instrument and a duplicate thereof duly
signed, sealed and executed by
of the parties thereto.
2. THAT the said Instrument and duplicate were executed by the said part at the of
3. THAT I know the said part
4. THAT I am a subscribing witness to the said Instrument and duplicate.
SWORN before me at the of
in the
of
this day of
A.D. 19
A Commissioner for taking Affidavits, etc.
�J^
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114
TRIS SPACE TO BE RESERVED FOR REGISTRY OFFICE CERTIFICATES
r
F
Z
�0
m
P.
r O
Z
a �_
Form tql--Deed Without Dower Ist Pane
Uufted Stationery Co. Limited. IAIml Form Dept.
iii Richmond 5t. W.. Toronto.
made (in duplicate) the
A.'went i et h
one thousand nine hundred and i xt y -nine .
in I#ursuanrr of 04c #11ori Norms of tlonorganrro Ari.
day of tray
RUTH AP I-: of the Township of 3ayham in
the county of -la;in, ',%lidow, hereinafter c,lled the Grantor
::CLIRIT)G.:ELL, of the Town of jillsonburp; in the
;;ounty of G:rf%�rd l oreman, and iUTH R1DG'.-;LLL, his wife, of the
sable place, hereinafter called the Grantees
-0; TNF: GF,CtJ1t i AItT--
,If :?t -:Aa the Grantor ,,ias the holder of the hereinafter described
lands and nremises as Joint tenant with Ivo Vermeersch, of the
'j'owns;.Ii- of 3ayhrim in the t'ounty of '-,lgin, AS31stant I:anager
and t;:e said Ivo Vermeersch, vied on or about Liecemoer llth,196 ,
and tiie said -jrantor is the surviving joint tenant.
tiN;� Certificate for ite?istrrition 14 ,.439683 dated Janua
30th 1969 in the estate of the said Ivo Vermeersch, deceased, h s
been r eTistered in the Registry Office for the registry Uivisio
of tie -ounty of .algin on the 4th day of ,February A.D.1969 as
Plumber 131514.
AND 'WHEREAS Dominion :state Tax Consent Number
B1249303 in the estate of the said Ivo Vermeersch, deceased,
dated the 3rd day of Febru'hry 1969 is attached hereto,
ttntol4b that in consideration of other valuable c o n s i d e ra t i n
and the sura of Two - - - - - - - - - - - - - - - - - - - - - -
- - - - - - 00/100 Dollars of lawful money of Canada, now paid
by the said Grantee s to the said Grantor , the receipt whereof is hereby
by h e r acknowledged, she the said Grantor ga t h %rani
unto said Grantee s in fee simple.
All and bingular that certain parcel or tract of land and premises
!ute,RTIgd enbeim in the Township of Bayham in the ;ounty of ;
n , rovinc of Crtario, belriF com-josed of hart of the
north half of Lot 5 in the 9th Concession of the s^id Township
and which may be more nirticularly descrioed as follows:-
PItL' th-3t the oearingof t;ie easterly limit of said Lot 5
is dile north
::Oz".':�iCl;iii at a ;point in the easterly limit of saidLot 5 .Ais-
tant 2283.85 feet measured south thereon from a point in the
north east angle of said Lot 5:
T�'T., NC'F d,.ie west a distance of 10 feet to a r1oint where an
iron strike h, -is )een nl,anted in its intersection with the west-
erly limit of the toed jetween Lots 5 and 6 County toad 46
widened as shown on Deposit :'ltin 1;.400, the said point Being
the
place of �eginnin�; of the following descrioed parcel.
THENCE ; o�ith Ilong the west limit of County :6oad ;--46, a s
widened, n distance of 279.15 feet-,
-2-
T"":r:C': due west a dist-i r:ce of 200 feet:
KNCE due north a distance of 221.72 feet;
TH:-.IdiGE north 73 degrees 58 minutes 43 seconds east a distance of
20 .00 feet to the place of bepinninp.
Contaj.nin7 by admeasurement an area of 1.15 acres oe the sa:^.e
more or less.
10
P••. 341 Mo have and to bold unto the said Grantee s t h e i r heirs and assigns to
Pale i
Mut °o""' and for -w their sole and only use forever.
Oubitrt ntvtrt4tltos to the reservations, limitations, provisos and conditions
expressed in the original grant thereof from the Crown.
• Mht said Grantor (IIovtnant s with the said Grantees (04at s he ha s the
• ; : right to convey the said lands to the said Grantees notwithstanding any act
of the said Grantor.
-• And that the said Grantees shall have quiet possession of the said lands, free
• ' f from all incumbrances.
• : •: 11 And the said Grantor (Covenants with the said Grantees that she will
40 • '.: If execute such further assurances of the said lands as may be requisite.
: • • : �� And the said Grantor (Covenants with the said Grantees that she ha s
• . done no act to incumber the sgid lands.
And the said Grantor Itleast S. to the said Grantee s All her
claims upon the said lands.
3n itttcoo btreof
their hands and seals.
ftntd. Otaltd and Etltvtrtd
IN THE PRESENCE OF
the said parties hereto have hereunto set
n
COMBINED AFFIDAVIT AS TO LEGAL AGE AND MARITAL STATUS
Province of Ontario I +
of the '-'ntirT.::: i of z3'�y}► �:
of •.. rt ,
in the ;-,•�r!*,�• of ? -ifs , .if.,ow s
TO WIT:
Strike out
words and in the within instrument named, make oath and say that at the time of the execution of the within
parts not instrument,
applicable
and initial. ]. 1 was of the full age of twenty-one years;
If Attorney
see footnote.2. %
Y
And -that
who- also executed the within instrunnerct- - - - - - - -of the ftril-age -of- twenty-one-yeam
:i. i was legally married t*Ahe persorr nates therein -as iffy -wife husband-.
• • . • 4. 1 was unmarrie(Vdivoreed/widower.
•t. ,rw
•' • SWORN before me at the
001
• lot the
of ,
ttiis 2nd d of+ June
19 --•.�
•� A Commissioner for taking Affidavits, etc.
NOTE: If Attorney, substitute in space provided "I am Attorney for (State name) ...
one of the parties named therein and he/she was of the full age of twenty-one years"
• e •
AFFIDAVIT UNDER LANDt TRANSFER TAX ACT
In the Matter of The Land Transfer Tax Act
SWORN before me at the
of
in the
of
this 2nd da of
19
L-
C.
A Commissioner for taking Affidavits, etc;.
x<t
t -� // ( -4 i i., v el J..
I, 1ti, Nli -ier I
Province of Ontario
of the i of
of in the t.of
To Wit: make oath and say:
This affidavit mayt,
be made by the
r
1. I am
pu rchaser or ven-
named in the within (or annexed) transfer.
dor or by any one
actinic for them
2. I have a personal knowledge of the facts stated in this affidavit.
under ►wjwer of
attorney or by an
3. The true amount of the monies in cash and the value of any property or security included in the
at ant acerrdited in
writing by the
consideration is as follows:
purcha%er or vendor
or by the roliritor
i •
r
of rather of them.
(a) Monies paid in cash
�;.
(6) Property transferred in exchange: Equity value $.-..._._. ......
;........._ •� ...._
Encumbrances...................... .................... ..................
_............
(c) Securities transferred to the value of ..............»...........................�.._..
;.. .........T....
All
blank&
(d) Balances of existing encumbrances with interest owing at date of transfer
$ ........... ` T. .._.
must
be tilled
(e) Monies secured by mortgage under this transaction
= _
In
(i) Liens, annuities and maintenance charges to which transfer is subject ._..
_ .._�,`......
Total consideration
�.
Clause 4. 5
and 6should
be struck out
4. If-ee�tstdrratiett-+t+norrmnal; ts-thrtyrastaferrormMrIX1i esmi'adietti=4...........
........................�---
if not applicable
..._ 5. lf-sv-whnt ts-ttic mtariomsMlr betac�crr Gr>trntor gtf��ra>'ft�?............................................................
or necessary.
6. Other remarks and explanations, if necessary.:....._.............................._..w........_............-_. ................
�►
SWORN before me at the
of
in the
of
this 2nd da of
19
L-
C.
A Commissioner for taking Affidavits, etc;.
x<t
t -� // ( -4 i i., v el J..
Y&
Ina Maud Dean
,olinty OF of the `i'Ow'n of "11'A.1.00nburp; in the
�Yi'ot•.. ,oitntir of Cxforri , Secretary
TO WIT: make oath and any:
1. THAT I was personally present and did see the within or annexed Instrument and a duplicate thereof duly
signed, sealed and executed by gut it n ri le r` e rs Ci* ?
of the parties thereto.
2. THAT the said Instrument and duplicate were executed by the said part at the of
e-
3. THAT I know the said part •
4. THAT I am a subscribe witness to the said Aatrument and duplicate.
SWORN before me at th 1 ov n of
th
{ 1
of i O'
this 2n day of n e
A D 19
A Commissioner fort r�iclfi��A
I,
OF of the of in the
of
TO WIT: make oath and say:
1. THAT I was personally present and did see the within or annexed Instrument and a duplicate thereof duly
signed, sealed and executed by
of the parties thereto.
2. THAT the said Instrument and duplicate were executed by the said part at the of
3. THAT I know the said part
4. THAT I am a subscribing witness to the said Instrument and duplicate.
SWORN before me at the of
in the
of
this day of
A.D. 19
A Commissioner for taking Affidavits, etc.
•l.
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C.+
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THIS SPACE TO BE RESERVED FOR REGISTRY OFFICE CERTIFICATES
M
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.rj
•
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�0
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�..
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THIS SPACE TO BE RESERVED FOR REGISTRY OFFICE CERTIFICATES
M
0
MUNICIPAL APPRAISAL FORM
TO ACCOMPANY BYLAW
RECOMMENDING VALIDATION
THE PLANNING ACT -SECTION 29a appendix C
GENERAL INFORMATION
The subject land(s) is located in the municipality of. . . B.aybam .........
2.
Validation is requested by bylaw number ..... z175 ..................
3.
Location of the subject land(s): Lot . pari . �..... Con ... 9.......... .
Reference plan number ,if any)..... TIJA ...........................
4.
Description of subject land(sk
Reference Plan
— Part No. Frontage Depth Area
n/a 279.15' 200.0' 1.15 acres
— Attach additional lists(s) if necessary
Planning Policy
5.
Is the subject land(s) within an area covered by an Official Plan .yes..... .
State any Official Plan amendment number . n/.a .....................
6.
If so what is the land use designation in the Official Plan and does the
intended use conform to the Official Pian Agri culture. ...--..yes. .
If not, is Council initiating an Official Plan amendment ..n/a ...........
7.
Is the subject land(s) within an area covered
by an approved zoning bylaw ............yes .....................
8.
if so, does the intended use and dimensions conform to the bylaw. . yes ...
9.
If not, is council initiating zoning to restrict the use of the property to that
recommended; give zoning bylaw number ....r)14 ....................
17
i
Provision of Community Facilities
10.
Can the following facilities be adequately and economically provided
(i)
Adequate access road ... yes ....................................
(ii►
Adequate primary and secondary school provision , yes..
(iii)
Adequate transportation for school pupils .... , yes, , , , , , ,,,, , , , , ,, , ,
(iv►
Adequate garbage collection ................ Yes
(v)
Adequate snow removal ......... , • , , , .... , yes ... .. .
NO
Adequate fire fighting services .............. yes ..................
(vii)
Adequate public open space, recreational facilities and play areas yep .. .
11. A
Is the municipality of the opinion that the general overall provision of
facilities outlined in 10. above will be adequate to serve the subject land(s)
proposed to be validated ..............ye s .......................
12.
Are conditions being applied against property by council ...nQ ...........
13.
If yes, please attach copy of conditions n/a
Signed ............ J....A.. Pp-trie... Municipal Clerk
Municipality . Townsh.i.l✓ ,of. Bayhacn ...... pate October 21, 1983
Municipality to complete this form and attach
1.
Copy of application form(s) — appendix A.
2.
Certified copy of bylaw — appendix B.
3.
Reference plans (if any) and where applicable.
4.
Copy of conditions imposed with the passage of the bylaw.
5.
Copy of deed(s).
Return to PLANS ADMINISTRATION DIVISION
MINISTRY OF HOUSING
56 WELLESLEY STREET WEST
TORONTO, ONTARIO
18
CORPORATION OF THE
TOWNSHIP OF BAYHAM
BY-LAW No. 2179
BEING a By -Law to confirm all actions of the Council of the
TOWNSHIP OF BAYHAM at the meeting(s) held October 20, 1983
BE IT ENACTED BY THE COUNCIL OF THE CORPORATION OF THE TOWNSHIP
OF BAYHAM pursuant to the provisions of The Municipal Act that
all actions by the said Council bi by-laws and resolutions
passed at the regular meeting held October 20,198,3and special
meeting(s) held
be and the same are hereby approved and confirmed as if all such
proceedings were expressly embodied in this By -Law.
Read a First, Seconc? and Third ' iine and Finally Passed this
20thday of October , 19 83
I /
Reeve
i
v
�` Clerk
CORP0FA'1*10i4 OF THE
TOWNSHIP OF BAYEi:`.%"f
BY-LAW No. 2181
BEING a By -Law to confirm all actions of the Council of the
TOWNSHIP OF BAYHAM at the meetingrs) held November 3, 1983,
BE IT ENACTED BY THE COUNCIL OF THE CORPORAT'. OF THE TOWNSHIP
OF BAYHAM pursuant to the provisions of The Municipal Act that
all actions by the said Council bi by-laws a. -.d resolutions
passed a,_ :--he regular meeting hr ld November 3, 19�3and special
meeting(s) held ---
be and the same are hereby approved and confirmed as if all such
proceedings were expressly embodied in this By -Law.
Read a First, Second and Third ''i:le and Finally Passed this
3rd. day of November , 19 83
Reeve
0
Clerk
CORPORATION OF THE
TOWNSHIP OF BAYHAM
BY - LAW NO. 2182
BEING a By-law to authorize the sale
of land
WHEREAS the Corporation of the Township of Bayham is the owner
of certain parcels of land being part of Lot No. 6, South of
Second Street and North West of West Street, Plan 205, for the
Village of Straffordville and further described as Parts 3 and
4 on Plan 11 R 2358.
AND WHEREAS the Council of the Corporation of the Township of
Bayham is desirous of selling the aforementioned parcels of
land.
THEREFORE BE IT ENACTED BY THE COUNCIL OF THE CORPORATION OF
THE TOWNSHIP OF BAYHAM
1. The land described as Part 3 of Plan 11 R 2358 containing
.022 acres of land be sold to Larry Elwood Chapman and
Mary Sandra Chapman for the sum of Twenty-five Dollars
($25.00).
2. That land described ai Part 4 of Plan 11 R 2358 containing
.048 acres of land be soi4 to Jack Allen Petrie for the
sum of Twenty-five Dollars ($25.00).
3. That the Reeve and Clerk are hereby authorized to execute
such documents as may be necessary therefor, and to attach
the Corporate Seal of the Municipality thereto.
READ A FIRST, SECOND AND THIRD TIME AND FINALLY PASSED THIS
17th. DAY OF November, 1983.
REEVE
Ij
CLERK
0
COR POF Vj. I u, OF THE
TOWNSHIP CIF BAYffi'.X
BY-LAW No. 2183
BEING a By -Law to confirm all actions of the Council of the
TOWNSHIP OF BAYHAM at the meeting(s) held November 17, 1983
BE IT ENACTED BY THE COUNCIL OF THE CORPORATION OF THE TOWNSHIP
OF BAYHAM pursuant to the provisions of The Municipal Act that
al actions by the said Council b, by- 1«ws a.id resolutions
passed a!= `he regular meeting heli November 17, 1,98?3id special
meeting(s) held --
be and the same are hereby approved and confirmed as if all such
proceedings were expressly embodied in this By -Law.
Read a First, Second and Third Time and Finally Passed this
17thday ofNovember , 19 83
Reeve
Clerk
CORPORATION OF THE
TOWNSHIP OF BAYHAM
BY - LAW NO. 2185
BEING a By-law to appoint Fence -Viewers and Pound -Keepers in and
for the Township of Bayham for a one year term commencing
December 1, 1983.
WHEREAS The Municipal Act provides that these appointments be
made:
THERE FORE BE IT ENCACTED BY THE MUNICIPAL COUNCIL OF THE
CORPORATION OF THE TOWNSHIP OF BAYHAM THAT the following be and
are hereby appointed to act as the following officers for a one
year term commencing December 1, 1983:
FENCE -VIEWERS:
Tony Csinos, R. R. # 2, Vienna, Ontario
Leo Pressey, R. R. # 1, Eden, Ontario
Steve Stefan, R. R. # 1, Vienna, Ontario
Alonzo Hagell, R. R. # 4, Aylmer, Ontario
Robert Gregson, R. R. # 1, Straffordville, Ontario
John Nezezon, R. R. 4 1, Vienna, Ontario
POUND - KEEPERS:
Wm. Howey, R. R. # 2, Straffordville, Ontario
Murray Benner, R. R. # 1, Aylmer, Ontario
Robert Gregson, R. R. # 1, Straffordville, Ontario
Ray Woodworth, R. R. # 1, Port Burwell, Ontario
Julius Francia, R. R. # 1, Vienna, Ontario
t.:
READ A FIRST, SECOND AND THIRD TIME AND FINALLY PASSED THIS
1st DAY OF DECEMBER, 1983.
REEVE CLERK
CORPORATION OF THE
TOWNSHIP OF BAYHAM
BY - LAW NO. 2186
BEING a By-law to appoint certain officers in and for the
Township of Bayham.
WHEREAS The Municipal Act provides for the appointing of such
officers and servants as may be necessary for the purposes of the
Corporation
THEREFORE BE IT ENACTED BY THE COUNCIL OF THE CORPORATION OF THE
TOWNSHIP OF BAYHAM:-
1. That Russell Mannell and Hugh Mauthe shall be Valuators of
Livestock and Poultry killed by dogs, to act independently of each
other; provided however, that where the value of livestock or poultry
killed shall be in excess of Two Hundred dollars ($200.00) they
shall act together and both affix their signatures to the report.
2. That Gibson, Linton, Toth and Campbell shall be the firm of
Solicitors for the municipality.
3. That Hugh Ketchabaw shall be Drainage Commissioner for the
municipality.
4. That Clara Kernaghan shall be collector of dog tax for the
municipality.
5. That William Underhill shall be Chief Building Official and
Building Inspector for the municipality.
6. That Harold Dennis shall be Fire Chief of the Bayham Fire Department
and Chief Fire Inspector for the municipality.
7. That the above shall hold office at the pleasure of Council.
8. That the remuneration of those appointed in Sections 1, 3, 4, 5
and 6 shall be set from time to time by resolution of Council;
and the fees paid that firm appointed in Section 2 shall be as
invoiced from time to time by the firm.
READ A FIRST, SECOND AND THIRD TIME AND FINALLY PASSED THIS 1st.
DAY OF DECEMBER, 1983.
REEVE CLERK
CORPORATION OF THE
TOWNSHIP OF BAYhtiM
BY-LAW No. 2187
BEING a By -Law to confirm all actions of the Council of the
TOWNSHIP OF BAYHAM at the meeting(s) held December 1, 1983:
BE IT ENACTED BY THE COUNCIL OF THE CORPORATION OF THE TOWNSHIP
1
OF BAYHAM pursuant to the provisions of The Municipal Act that
all actions by the said Council b✓ by-laws and resolutions
passed at the regular meeting held December 1,1983 and special
meeting(s) held -----
be and the same are hereby approved and confirmed as if all such
s`
proceedings were expressly embodied in this By -Law.
Read a First, Second and Third Time and Finally Passed this
1st. day of December 1983
Reeve Clerk
�t.
TOWNSHIP OF BAYHAM
BY-LAW NO. 2188
BEING A BY-LAW TO AMEND SCHEDULE "A" of By-law No. 1926,
as amended, regulating water rates from the Elgin Area Water
System.
WHEREAS By-law No. 1926 is a By-law to regulate the supply-
ing of water and rates for water from the Elgin Area Water
System Project.
AND WHEREAS Schedule "A" of By-law No. 1926 has been
amended by By-law Nos. 1978, 2062,'2110 and 2157.
AND WHEREAS it is now necessary to further amend By-law No.
1926 to adjust the rates charged for the supply of water.
NOW THEREFORE BE IT ENACTED BY THE COUNCIL OF THE CORPORATION
OF THE TOWNSHIP OF BAYHAM:
THAT Schedule "A" of By-law No. 2157 is hereby repealed.
THAT the following be designated Schedule "A" of By-law No.
1926 and be effective from January 1, 1984.
SCHEDULE "A"
RATES FOR WATER SOLD FOR DOMESTIC AND COMMERCIAL PURPOSES
1. Each consumer shale pay for every metered service a
minimum bill of $22.066every 13 week period and shall
be allowed to use 6000 gallons of water during the
period without further charge.
Water used during the period in excess of 6000 gallons
will be billed at the nate of $3.90 per 1000 gallons.
2. A late payment penalty of 5% will be charged.
READ A FIRST, SECOND AND THIRD TIME AND FINALLY PASSED THIS
15th. DAY OF December, 1983.
Reeve Clerk
9
CORPORATION OF THE
TOWNSHIP OF BAYHAM
By -Law No. 2189
Being a By-law to authorize a certain agreement between the
Township of South-West Oxford and the Township of Bayham
respecting the maintenance and repair of the road forming the
boundary line between the Townships.
WHERAS the Corporation of the Township of South-West Oxford
and the Corporation of the Township of Bayham have entered into
an agreement for the maintenance and repair of certain portions
of the roadway forming the boundary road between the said
Townships:
AND WHEREAS it is necessary to ratify and confirm the said
agreement and to authorize the Reeve and Clerk to execute the
agreement:
THEREFORE THE COUNCIL OF THE CORPORATION OF THE TOWNSHIP OF
BAYHAM enacts as follows:
1) That the agreement attached hereto and marked Schedule "A"
be and the same is hereby ratif wed and confirmed; and the Reeve
and Clerk are hereby authorized to execute the same on behalf
of the Corporation of the Township of Bayham and to affix
the Corporate Seal of the Municipality thereto.
READ A FIRST, SECOND AND THIRD TIME AND FINALLY PASSED THIS
15th. day of December, 1983.
Reeve Clerk
t
TOWNSHIP OF SOUTH-WEST OXFORD
HELEN L. PROUSE
Clerk
A. FORRESTER, B.A., A.M.C.T.
Deputy Clerk and Treasurer
STEPHEN McDONALO
Deputy -Treasurer
IRMA PRIESTER
Tax Department
Township of Bayham
Mr. J.A. Petrie, Clerk
Straffordville, Ontario
NOJ 1 YO
Dear Si r:
MOUNT ELGIN, ONTARIO
December 12 , 1983
Re: Townline Agreement
Phone: Brownsville 877-2702
Ingersoll 485-0477
South-West Oxford Township is in the process of updating Boundary
Agreements.
ADDRESS
RR 1. MOUNT ELGIN
NOJ 1 NO
I have enclosed the agreement with Bayham for your Councils approval.
If your Council are in agreement please return signed copies and I will
have our Council complete and return to you.
Yours truly,
C7 - -
HP/nk Helen Prouse, Clerk
Encl. Twp. of South-West Oxford
_ =C I �3
._ �iI.
YHAM
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m
CORPORATION OF THE
TOWNSHIP OF BAYHAM
By -Law No. 2189
Being a By-law to authorize a certain agreement between the
Township of South-West Oxford and the Township of Bayham
respecting the maintenance and repair of the road forming the
boundary line between the Townships.
WHERAS the Corporation of the Township of'South-West Oxford
and the Corporation of the Township of Bayham have entered into
an agreement for the maintenance and repair of certain portions
of the roadway forming -the boundary road between the said
Townships:
AND WHEREAS i'- is necessary to "ratify and confirm the said
agreement and to authorize ,_--ho Reeve and Clerk to execute'the
agreement:
THEREFORE: THE COUNCIL OF THE CORPORATION OF THE TOWNSHIP OF
BAYHAM enacts as follows:
1) That the agreement attached hereto and marked Schedule "A"
be and the same is hereby ratified and confirmed; and the Reeve
and Clerk are hereby authorized ti* execute the same on behalf
of the Corporation of the Township of Bayham and to affix
the Corporate Seal. of the Municipality thereto.
READ A FIRST, SECOND ANli THIRD TIME, AND FLNALLY PASSED THIS
15th.- day of Decemter, 1983.
Reeve Clerk
t,
J. A. Mil"', CI -f th:i VORP _ 4 �TICNN
o
4
TIDE CORPORATION OF THE T01144SHIP
OF SOUTH-WLST OXFORD
BY-LAW 110. 2-84
A By -Law to authorize the execution of an
agreer�tient with the Corporation of the
Townsnip of Bayham to provide for maintenance
and repair of "Boundary Roads".
WHEREAS Section 268 of the Municipal Act, R.S.C. 1980 Chapter 302
provides that Corporation of adjoining municipalities, may enter into
agreements for the maintenance and repair of any Highway forming thre
boundary between such municipalities.
AND WHEREAS it is deemed expedient to enter into an agreement with the
Corporation of the Township of Bayham for the maintenance of boundary
roads as none particularly set out in the agreement hereto attached and marked
Schedule 'A' to this By -Law.
THEREFORE the Council of the Corporation of the Tcwrship of South-West
Oxford enacts as fol iov.s :
+' 1. That the agreement hereto attached and marked Schedule 'A' to this
by-law, be and the same is hereby ratified and confirmed, and the
3 Mayor and Clerk are hereby authorized to execute same on behalf of
the Corporation and to affix ti'. Corporate Seal.
2. That the agreement hereto attached and marked Schedule 'A' is hereby
declared to be a part of this By -Law c`s if written and incorporated
herein.
3. Tris By -Law is passed pursuant to the provisions of Section 268 of
the lfunic;inal Act, R.S.G. 1980, Chapter 3C2.
REND, a First, Second and Third time, signed aealed and nur.Lered
No. 2414 this Ird clay of .January, 1104.
- ----. O R
C-17' f
)
CLERK
a
0
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i
TIDE CORPORATION OF THE T01144SHIP
OF SOUTH-WLST OXFORD
BY-LAW 110. 2-84
A By -Law to authorize the execution of an
agreer�tient with the Corporation of the
Townsnip of Bayham to provide for maintenance
and repair of "Boundary Roads".
WHEREAS Section 268 of the Municipal Act, R.S.C. 1980 Chapter 302
provides that Corporation of adjoining municipalities, may enter into
agreements for the maintenance and repair of any Highway forming thre
boundary between such municipalities.
AND WHEREAS it is deemed expedient to enter into an agreement with the
Corporation of the Township of Bayham for the maintenance of boundary
roads as none particularly set out in the agreement hereto attached and marked
Schedule 'A' to this By -Law.
THEREFORE the Council of the Corporation of the Tcwrship of South-West
Oxford enacts as fol iov.s :
+' 1. That the agreement hereto attached and marked Schedule 'A' to this
by-law, be and the same is hereby ratified and confirmed, and the
3 Mayor and Clerk are hereby authorized to execute same on behalf of
the Corporation and to affix ti'. Corporate Seal.
2. That the agreement hereto attached and marked Schedule 'A' is hereby
declared to be a part of this By -Law c`s if written and incorporated
herein.
3. Tris By -Law is passed pursuant to the provisions of Section 268 of
the lfunic;inal Act, R.S.G. 1980, Chapter 3C2.
REND, a First, Second and Third time, signed aealed and nur.Lered
No. 2414 this Ird clay of .January, 1104.
- ----. O R
C-17' f
)
CLERK
a
0
I&
0
THIS AGREEMENT made in duplicate this 15tWay of December 1983 .
BETWEEN: THE CORPORATION OF THE TOWNShIP OF SOUTH-WEST OXFORD
hereinafter called "SOUTH-WEST OXFORD"
OF THE FIRST PART:
-AND-
THE CORPORATION OF THE TOWNSHIP OF BAYHAM
hereinafter called "BAYHAM"
OF THE SECOND PART:
WHEREAS South-West Oxford and Bayham are adjoining municipalities;
AND WHEREAS Section 268 of the Municipal Act, R.S.Q. 1980, Chapter 302
and amendments thereto authorizes agreements to be entered into between
adjoining municipalities for maintenance and repair of any highway forming
a boundary between such municipalities;
AND WHEREAS the said Townships have jurisdiction over the boundary road
between the said Municipalities, and it is deemed expedient to provide
for a division of the said Highway so that each may be responsibile for
maintenance and repair of the same;
NOW THEREFORE THIS AGREEMENT WITNESSETH that in consideration of the
premises and the mutual covenants, terms and conditions hereinafter
contained, the parties hereto hereby covenant and agree as follows, that
is to say:
1. South-West Oxford shall maintain and keep in repair for its full width
the following section of the boundary road:
a) that portion of the boundary road from the Tenth Concession road
in the Township of Bayham, easterly along the said boundary road
� to a point where the deviated townline between the Townships of
E South-West Oxford, Bayham and the Town of Tillsonburg intersects
fl the said boundary road.
I
2. Bayham shall maintain and keep in repair for its full width the
followinb section of the boundary road:
a) that portion of the boundary road from the Tenth Concession road
in the Township of Bayham westerly along said boundary road to a
point where the boundary road between Bayham and Malahide intersects
the said boundary road. 0
r
i
•
-2-
3. South-West Oxford and the Township of Bayham agree to share all
construction or re -construction costs related to the entire toundary
road equally.
4. South-West Oxford agrees to be responsible for construction of the
portion of the boundary road which it agrees to maintain as set out
in paragraph one (1) above.
5. The Township of Bayham agrees to be responsible for construction
of the portion of the boundary road which it agrees to maintain as set
out in paragraph two (2) above.
1
6. Prior to the commencement of any construction work in any year the
municipalities shall consult each other in order that arrangements
may be made for money to be raised for the sharing of costs.
7. Each party shall submit a complt2te accounting to the other for money
expended for construction prior to December 31 of each year.
8. This Agreement shall be for a term of ten years commencing
and shall enure to the benefit and bb binding upon eche parties hereto, their
successors and assi7ns.
IN WITNESS WHEREOF the parties hereto have hereunto affixed their respective
seals attested by the hands of their respective Mayor/Reeves and Clerks duly
authorized in that behalf.
SIGNED, SEALED AND DELIVERED
in the presence of ) THE CORPORATION OF THE TOWNSHIP OF
}
SOUTH-WEST OXFORD
f
} MAYOR
• } CLERK
}
THE TOWNSHIP OF BAYHAM
REE
CLERK
A
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Lo
cn
s
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CORPORATION OF THE
TOWNSHIP OF BAYHAM
By -Law No. 2189
Being a By-law to authorize a certain agreement between the
Township of South-West Oxford and the Township of Bayham
respecting the maintenance and repair of the road forming the
boundary line between the Townships.
WHERAS the Corporation of the Township of'South-West Oxford
and the Corporation of the Township of Bayham have entered into
an agreement for the maintenance and repair of certain portions
of the roadway forming the boundary road between the said
Townships:
AND WHEREAS i' i� necessary to ratify and confirm the said
agreement and to authorize the Reeve and Clerk to execute the
agreement:
THEREFORE THE COUNCIL OF THE CORPORATION OF THE TOWNSHIP OF
BAYHAM enacts as follows:
1) That the agreement attached hereto and marked Schedule "A"
be and the same is hereby ratified and confirmed; and the Reeve
and Clerk are hereby authorized to execute the same on behalf
of the Corporation of the Township of Bayham and to affix
the Corporate Seal of the Municipality thereto.
READ A FIRST, SECOND AND THIRD TIME AND FINALLY PASSED THIS
15th. day of December, 1983.
/ .L
Reeve Clerk
1. J. A. PET Cie;4: of tha CORPOR NTION
.t •.�•� Vii' C,:� j ;i �..a� .r'�1 i`'•,`�V
4,
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ti
THE CORPORATION OF THE TOWNSHIP
OF SOUTH-WEST OXFORD
BY-LAW NO. 2-84
A By -Law to authorize the execution of an
agreement with the Corporation of the
Township of Bayham to provide for maintenance
and repair of "Boundary Roads".
WHEREAS Section 268 of the Municipal Act, R.S.Q. 1980 Chapter 302
provides that Corporation of adjoining municipalities, may enter into
agreements for the maintenance and repair of any Highway forming the
boundary between such municipalities.
AND WHEREAS it is deemed expedient to enter into an agreement with the
Corporation of the Township of B ayham for the maintenance of boundary
roads as more particularly set out in the agreement hereto attached and marked
Schedule 'A' to this By -Law.
THEREFORE the Council of the Corporation of the Township of South-West
Oxford enacts as follows:
1.
That the agreement hereto attached and marked Schedule 'A' to this
by-law, be and the same is hereby ratified and confirmed, and the
Mayor and Clerk are hereby authorized to execute same on behalf of
the Corporation and to affix the Corporate Seal.
2. That the agreement hereto attached and marked Schedule 'A' is hereby
declared to be a part of this By -Law as if written and incorporated
herein.
3. This By -Law is passed pursuant to the provisions of Section 268 of
the 14unicipal Act, R.S.O. 1980, Chapter 302.
READ, a First, Second and Third time, passed signed sealed and numbered
No. 2-84 this 3rd day of January, 10.84.
MAYOR
' CLERK
r
a
THIS AGREEMENT made in duplicate this 15tWay of December 1983 .
BETWEEN: THE CORPORATION OF THE TOWNSHIP OF SOUTH-WEST OXFORD
hereinafter called "SOUTH-WEST OXFORD"
OF THE FIRST PART:
-AND-
THE CORPORATION OF THE TOWNSHIP OF BAYHAM
hereinafter called "BAYHAM"
OF THE SECOND PART: i
WHEREAS South-West Oxford and Bayham are adjoining municipalities;
AND WHEREAS Section 268 of the Municipal Act, R.S.O. 1980, Chapter 302
and amendments thereto authorizes agreements to be entered into between
adjoining municipalities for maintenance and repair of any highway forming
a boundary between such municipalities;
AND WHEREAS the said Townships have jurisdiction over the boundary road
between the said Municipalities, and it is deemed expedient to provide
for a division of the said Highway so that each may be responsibile for
maintenance and repair of the same;
NOW THEREFORE THIS AGREEMENT WITNESSETH that in consideration of the
premises and the mutual covenants, terms and conditions hereinafter
contained, the parties hereto hereby covenant and agree as follows, that
is to say:
1. South-West Oxford shall maintain and keep in repair for its full width
the following section of the boundary road:
a) that portion of the boundary road trom the Tenth Concession road
in the Township of Bayham, easterly along the said boundary road
to a point where the deviated townline between the Townships of
South-West Oxford, Bayham and the Town of Tillsonburg intersects
the said boundary road.
2. Bayham shall maintain and keep in repair for its full width the
following section of the boundary road:
a) that portion of the boundary road from the Tenth Concession road
in the Township of Bayham westerly along said boundary road to a
point where the boundary road between Bayham and Malahide intersects
the said boundary road.
r
-2-
3. South-West Oxford and the Township of Bayham agree to share all
construction or re -construction costs related to the entire boundary
road equally.
4. South-West Oxford agrees to be responsible for construction of the
portion of the boundary road which it agrees to maintain as set out
in paragraph one (1) above.
5. The Township of Bayham agrees to be responsible for construction
of the portion of the boundary road which it agrees to maintain as set
out in paragraph two (2) above.
6. Prior to the commencement of any construction work in any year the
municipalities shall consult each other in order that arrangements
may be made for money to be raised for the sharing of costs.
7. Each party shall submit a complete accounting to the other for money
expended for construction prior to December 31, of each year.
8. This Agreement shall be for a term of ten years commencing
and shall enure to the benefit and be binding upon the parties hereto, their
successors and assigns.
IN WITNESS WHEREOF the parties hereto have hereunto affixed their respective
seals attested by the hands of their respective Mayor/Reeves and Clerks duly
authorized in that behalf.
SIGNED, SEALED AND DELIVERED )
in the presence of ) THE CORPORATION OF THE TOWNSHIP OF
SOUTH-WEST OXFORD
)
MAYOR
)/ CLERK
THE TOWNSHIP OF BAYHAM
) REEVE
) CLERK
4
CORPOP A'i I ON OF THE
TOWNSHIP OF BAYh "'
BY-LAW No. 2190:
BEIN1a By -Law to confirm all actions of the Council of the
TOWNSHIP OF BAYHAM at the meeting(s) held Docember 15, 1983
BE IT ENACTED BY THE COUNCIL OF THE CORPORATION OF THE TOWNSHIP
OF BAYHAM pursuant to the provisions of The Municipal Act that
all actions by the said Council b; by-laws a�,ad resolutions
passed a~ the regular meeting held December 15, 1,983id special
meeting(s) held =----
be and the same are hereby approved and confirmed as if all such
proceedings were expressly embodied in this By -Law.
Read a First, Second and Third 'firne and Finally Passed this
15thday ofDecember , 19 83
i
Reeve Clerk