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Bayham By-Laws 1994
Bayham Township Br Laws 411 • • i By-Laws #94-25 1994 . ----. --- — --- 1,,,-) ) . ... , /. x I: -7 / . 1....le. .1 , , I. ., . . I . i 1 i . .... ..,' .. , ,t'it ......1 .f ....ss, / / I ,../ . ... 4 ,t ,-- „,14,•• i ' NOP.” f : .1 • i . . . • t ) .. . .. • ' • i ..^,.., '••... ,..- , I ,. .es.'• .„...' ) ) ........... / 4..../. ..._ • ...... r....,..: ,... .. , ...,.-- , i 3 i ..,. 1 ......... 1 ..., - --5 4 ,....... _ I -7 - ,,,-).,,..) . . ..., f t . . . 6') 0....4,11-, ,tft fry-N -7- ---0 co r ........1 ...,...___________ C 4, 4. . . ....„._._„,.._ ...__. I : 74. ,..,.. ...) A ' - .. .... , t ,. .. 0 I I c /I ,..) ,..... , i j ‘..4:- r- 0 „... , — ,...., ... .,_. _ r ) 6 I 9 q L/ _1 o........r, LA.....za c. . - i I I ' 1 n -- _C.,:* ;,, (1- 1 -of C I,p r --. i ... . - ,c..:A_..4. 4, / t, , --' • -' (,. 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LA-, I , 1 -1 4, 9 7-6 co 11 r ev-If gill — r- / 9 / LI -ToocJp .I 4:Lc\ ,-14?-r • 0/10-)",„!... 4, L/0 7 * 10Ci ADaP7C, b - b4? cee.--v-i\ L 1 / 9 ,riv 2 ao f\r/ erbe,\ CIA a- Cs 4-7 err -S. 0 •ef)( 4Art I b e „ fr, L ,- .;) 1 et ct CORPORATION OF THE TOWNSHIP OF BAYHAM BY-LAW NO. 94-1 A BY-LAW TO AUTHORIZE THE BORROWING OF $2,450,010 WHEREAS the Council of the Township of Bayham (hereinafter called the"Municipality") deems it necessary to borrow the sum of $2,450,000 to meet, until the taxes are collected, the current expenditures of the Municipality for the year; AND WHEREAS the total amount of the estimated revenues of the Municipality as set forth in the estimates adopted for the year 1993, is $3,402,914. 14; AND WHEREAS the total amounts heretofore borrowed for the purposes mentioned in subsection (1) of Section 187 of the Municipal Act which have not been repaid is $135,000; THEREFORE BE IT ENACTED BY THE COUNCIL OF THE CORPORATION OF THE TOWNSHIP OF BAYHAM. 1. The Reeve and the Treasurer are herby authorized on behalf of the Municipality to borrow from tune to time by way of promissory note from CANADIAN IMPERIAL BANK OF COMMERCE a sum or sums not exceeding in the aggregate $2,450,000 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 187 of the Municipal Act, and to give on behalf of the Municipality to the Bank a promissory note or noted sealed with the Corporate Seal and signed by the Reeve and Treasurer for the moneys so borrowed with interest at such rate as may be agreed upon from time to time with the Bank. 2. All sums borrowed pursuant to the authority of this by-law, as well as all other sums borrowed in this year and in previous years from the said Bank for any or all of the purposes mentioned in the said Section 187, 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. READ A FIRST AND SECOND TIME this 6th day of JANUARY, 1994 READ A THIRD TIME AND FINALLY PASSED this 6th day of JANUARY, 1994 ‘4/) //i 14 /er/ /. REEVE CLERK I hereby certify that the foregoing is a true copy of By-law No. 94-1 of the Township of Bayham in the Province of Ontario, duly passed at a meeting of the Council of the said Municipality duly held, and that the said By-law is in full force and effect. Dated This 6th day of January, 1994. CLERK -... CORPORATION OF THE TOWNSHIP OF BAYHAM BY-LAW NO. 94-2 A BY-LAW TO AUTHORIZE THE REEVE AND CLERK TO EXECUTE A QUIT CLAIM DEED FOR PART OF LOT 125, NORTH OF TALBOT ROAD, AND PART OF FIFTH STREET WEST OF PLANK ROAD, PLAN 205 FOR THE HAMLET OF STRAFFORDVILLE DESIGNATED AS PART 1 ON REFERENCE PLAN 11R-4305. WHEREAS a road allowance known as Fifth Street has been established west of Plank Road, Plan 205 in the hamlet of Straffordville being Part I on Reference Plan 11R-4305. AND WHEREAS the owner of said property has had use of this part of Fifth Street for many years. AND WHEREAS the owner has requested the Council of the Corporation of the Township of Bayham to Quit Claim ownership of said Fifth Street. AND WHEREAS it is now deemed expedient for the Corporation to Quit Claim that portion Fifth Street, Plan 205, and contained in Part 1 on Reference Plan 1 IR-4305. THEREFORE THE COUNCIL OF THE CORPORATION OF THE TOWNSHIP OF BAYHAM ENACTS AS FOLLOWS: 1. THAT the Reeve and Clerk be and are hereby authorized to execute a Quit Claim - Transfer/Deed of Land for that portion of Fifth Street, west of Plank Road, Plan 205, for the hamlet of Straffordville and designated as Part 1 on Reference Plan 11 R-4305. 2. THAT this by-law comes info full force and effect upon final passing. READ A FIRST AND SECOND TIME this 6th day of JANUARY, 1994 READ A THIRD TIME AND FINALLY PASSED this 6th day of JANUARY, 1994 /21, Old 19' REEVE CLERK • "l, '""p Transfer/Deed of Land O AForm 1 -- Land Registration Reform Act • rf----j- Y (1) Registry Ix' Land Titles j (2) 1 Of 2 pages NUMBER (3) ti Block Property I CERTIFICATE °Alia& ' Identifier(s) Additionalsee Isched„ie [ ! 94 JAN 14 P12 : 26 l iN) Consideration TWO 00/100-- Dollars ; 2 . 00 = � Ne 1� (5) Description This is a F'rt)psartyP►vperty, ' sT THOMAS L.AN13 REGISTRAR DivisionC 1 Consolidation [7]Part of Lot 125 , North of Talbot Road , and Part 40 of Fifth Street , West of Plank Road , in the o liz Village of Straffordville , in the Township of 01 New Property Identifiers Bayham , in the County of Elgin , being more Adiders,N particularly described as PART 1 on Reference sow". 1j Plan Number 11R-4305 . Executions Addition*r See jil Schedule I This (a) Re description ;(h) Schedule for (1) Interest/Estate Transferred Document New Easement Additional Fee Simple Contains Plan;Sketch Li Description 1 i Parties i I Other ) ) QUIT CLAIM DEED (!) Transferor(s) The transferor hereby transfers the land to the transferee 46K ilitHitaiX atOtt)6XdidifidiNKEKO Ke yl4tXeliiXXi6AM: 06X I" r II:, . . Date of Signature Names}. Sig to »' , („secY M D CORPORATION. _OF , THF TOWNSHIP, ,OF . BAYHAM ...-'""�" _r /fry 0/ a WE HAVE AUTHORITY TO BIND THE CORPORATION . (9) Spouse(s) of Transferors) I hereby consent to this transaction T �.. Date of Srgnature< Namets) Srgnature(s) Y M 0 (t0► Transt ) Address for ServiceviceP .O. Box 160 , STRAFFORDVILLE , Ontario NOJ 1Y0 >(11) Transteree(s) Date of Birth Y M 0 FROESE , Cornelius ;1940 12 16 FROESE , Susana 1943 03 05 DYCK , Gerhard 1968 07 28 DYCK , Susana as joint tenants 1975 ; 08 10 (12) Transferee(s) Address for Service 41 Plank Road North , STRAFFORDVILLE , Ontario NOJ 1Y0 (13)Transferors) The transferor verifies that to the best of the transferor's knowledge and belief. this transfer does not contravene section 50 of the Planning Act l< Date of Signature Date of Signature Y M 0 r M D Signature Signature Solicitor for Transferals)I have explained the effect of section 50 of the Pia.trm+g Act to the transferor and I have made inquiries of the transferor to determine that this trarsslrr (lois riot contravene that section and based on the information supplied by the transferor. to the best of my knowledge and belief, this transfer vx K does not contravene that section I am an Ontario SOlicstOr err good standing Date of Signature Name and Y M 0 h- Address of Solicitor Signature (14)• Solscttor for Transferees) I have investigated the title to this land and to abutting land where relevant and I am satisfied that the title records It It i Waal no contravention as set out in subclause 50(22)(c)(ii)of the Planning Act and that to the best of my knowledge and belief this transfer rt! dant not contravene section 50 of the Planning Act. I act independently of the solicitor for the transferor(s) and I am an Ontario solicitor in good Standing. li ,%14.,-,.° Name and Date of Signature Atka,: ot Y M D I • sA Signature ' • ;41 } Fees and las R , . ! � � � till • 'Z, i (111) Nlianicfpol Addles* of Property (11) e . O Fiastralrcx+ fee i f- !W CUMetti Prep/wed by: 41 Plank • : • +r • ! ,o$ Land Transfer Tax. r STRAFFORDVILLE , Ontario Barristers & Solicitors tu, e Ontario u. t I s L� Total r� 1 firrevresserie arid t itaarrt t.,rat f.viA 7 yii,w4t • lesserorrre.ad tii1twrt Revised hone, 1991 Pena tied feed) Affidavit of Residence and of Value of the Consideration Form 1 -- Land Transfer Tax Act Flew to all lastrtcctis on reverse srae. Part Lot 125 , North Talbot Road and Part IN THE MATTER OF THE CONVEYANCE OF ansarf brie dnacO tianorland) of Fifth St . W . Qf Plank Road_i_Village_pf Straffordvillet Township of Ba,yham., Csaianty_Qt Elgin/ designated as PART on Reference Plan Number 11R-4305 BY (ate►narrea et at anrrrelerera kr CSIRPQRATION OF ''THE TOWNSHIP OF BAYHAM TO Ora anaesesbra t snot nwrrae o,all tri s+ rum C O R N E L I U S FROESE , SUSANA F R O E S E , G E R H A R D DYCK A N D SUSANA DYCK ~_ ._._....__.._. _._.._ t. Inde IntOtrullion nerd POO nan+u'e)to fuel GEORGE W.IIAYS __L.EE. _JE.LIK.INS._._ MAKE OATH AND SAY THAT I am (Peary a claw mark w #ie square. Owe one at the fokerting paragraphs that cher,! •s The capacity Cl the x(411) (s••tnstruct'on?f Ula) A person in trust for whom the land conveyed in the above descr ibed conveyance is being conveyed. O (b) A trustee named in the above-described conveyance to whom tie land is being conveyed; O (c) A transferee named in the move described conveyance. (d) The authorized agent or sc>licitor acting in this transaction for (,nee. 'Immo)at procipasso .._C_QR.N.ELIUS FROESE , SUSANA_ FROESE , GERHARD DYCK AND SUSANA DYCK __ detscr ibed in paragraefr(s) MX X An (c) above, rstrtk•out references to inappaleaabue paragraphs) O (e) The President, Vice President, Manager, Secretary, Director, or Treasurer authorizers to act for ( mimeo)orcorporaaarr(s)) described in paragraphs) (a), (h), (c) above; (saes outr•fwr•nc•a to xapetla bila paragraphs) • If) A transferee described in pieagraph( ) empire only one of paragraph(a1, (b)or(c1 above, sa app*cable) and am mak my this affidavit on my own behalf and on behalf of 1 n name at spousal _.__._. _ _ who is my spouse described in paragraph ( ) Bert only one Cl paragraph(a). (b)or fc)above, re,tapticaale) and as such. l have personal knowledge of the facts herein deposed to 2. (To bre coehpiefeti where the veto*of the caonarderation for the conveyance exceeds$400,000), I have read and considered the definition of "single family residence"set out in clause t(1)(Ja) of the Act The land conveyed in the above-described conveyance O contains at least one and not more than two single family residences. Nom: Clause 211)(d) Imposes an additional tax at the rate of one-half of one per O does not contain a single family residence. cent upon the value of consideration in excees of $400,000 where the convey- !_.f contains more than two single family residences (sea instructor,a1 convey- ance contains at least one and not more than two single family residences, 3 I have reed and considered the definitions of "non resident corporation" anti "tion-resident person" set out respectively in clauses 1(1)(f) and (g) of the Act and each of the following persons to whom or in trust for whom the land is being conveyed in the above-described conveyance is a "nonresident corporation" or a -non-resident person" as set out in the Act (ace tnsrructions 4 and sl 4 THE TOTAL CONSIDERATION FOR THIS TRANSACTION IS ALLOCATED AS FOLLOWS: (a) Monies paid or to be paid in cash S (b)Mortgages (r) Assumed anew prtnep•t and rnt•rest to be crodNed agaenst palestu se orucet S Al ii) Given back to vendor S _I11 Y • (c) Property transferred in exchange (dinar beaowl . S _n 1. 1- - AN Sian*, Id)Securities transferred to the, value of (d•tadt below) S _I't 1 .1 Aluat 8• (e) Lens, legacies, annuities and maintenance charges to which transfer is subject . . $ fleet (1) Other valuable consideration subject to land transfer tax hdatai(below) $ n 1 l tete? 'Air (g) VALUE OF LAND, BUILDING, FIXTURES AND GOODWILL SUBJECT TO LAND TRANSFER TAX (Total of(a) to (f)) . . $ 2 . 00 $ 2 . 00 whale (h)VALUE OF ALL CHATTELS - items of tangible personal property 4Prhcabla MOO Stabs Tax it palrebea an the varve of all chatters unless •temp,under $ n 1 1 too pruratona Cl dna •Ronal►Sates Tax Act', A.S.Q. ralre c 454, as arn•ndrd) , (i) Other consideration for transaction not included in (g) or (h) above S n 1 1 (j) TOTAL CONSIDERATION . . . . s2 , 00 ...wires 5, If consideration is nominal, describe relationship between transferor and transferee and state purpose of conveyance. (s••insuucbon 6) QUIT CLAIM DEED GIVEN TO CLEAR TITLE 6. If the consideration is nominal, is the land subject to any encumbrance? 71/23 7. Other remarks and explanations, if necessary. n/a Sworn before meat the Town of Tillsonburg in the County of Oxford this 3,0 - day of December 49,41R JAMS.sCommissioner, etc., Word /17 County, tor Morris and Jenkins, Barristers ,to A Commissioner for taking Alfidavits, etc. EZues January 31. 1985. r1 GEOR,GE DAVID LEE JENKINS Property information Record For Land Registry Office Use Only• k A. D,scribe nature of irrtirorrvent Registratiw Nip. B (i) Address of property being conveyed of avaaeable) 41 Plank Road North , STRAFFOR Y. ,1,E1__Q rid.._ NOJ 1Z0 (ii) Assessment Roll No. it 000•400 * 34.-0I-004-004—.357Q6 C. Mailing aridreesle s) for future Notices of Aunt under the Assessment Act for property being conveyed teen i+ ptrurabion }_41b P 1 e> k Road NoL't 1tt S rl`R A F F Q R 1 Y I L L E t h.rttigissraticorioaso Lind elegierry office No. Ontario NOJ O (t) Registration number for lest conveyance of property being conveyed of evegoemej 349350 (ii) Leaat description of property conveyed Saeme as in D.(i) above Yes[Ri No Not known Q E Narne(s) end addr sates) of eech transferees solicitor MORRIS AND JENKINS , Barristers & Solicitors , 19 Ridout St . E . , Box 280 TILLSONBURGJ Ontario NG 4H8 School Toa[ Support (Voluntary Election) See revere!* for ex's Ager alt vncMvtciraaet Gari tireless f4ratnan ( ir�etc 7 Y050 NO Li 041 sl Yea, dio awl e.trerreierreee *ash to be Roman Catfrtiiic Sway** Sow! Sumo/ion 7 yes O NO 0 to Do all individual tri have French Language Education Rights `t resn No E 0 1 Yena, do alg ie diediali sash 10 wort Ste Preens+tartgaege Sicte ctl Board(*here esta fved)7 'testi fah fl $ Ili TE; a at$c)and la fella lend bolas a elle red are the oma Caere!to the RanchPiAxiic Sic/m A Hoard or Sector lades,aeerwirtExected Ire(a) and(t*. alae O to 091 CORPORATION OF THE TOWNSHIP OF BAYHAM BY-LAW NO. 94-3 BEING A BY-LAW TO APPOINT A COMMITTEE OF ADJUSTMENT FOR THE TOWNSHIP OF BAYHAM WHEREAS Section 44(1) of the Planning Act, R.S.O. 1990 Chapter P. 13 authorizes the Council of a local municipality to constitute appoint a committee of adjustment; AND WHEREAS Section 44(3) of the Planning Act states the term of office for committee members who are members of a municipal council shall be annual. THEREFORE THE COUNCIL OF THE CORPORATION OF THE TOWNSHIP OF BAYHAM ENACTS AS FOLLOWS: 1. THAT the Committee of Adjustment for the Corporation of the Township of Bayham is hereby constituted and the following persons are hereby appointed as its members for the term ending on the date shown for respective members, or until their successors are appointed. (1) D. Vane Chute to hold office until December 1 , 1994 (2) Joe Volkaert to hold office until December 1, 1994 • (3) Wayne Casier to hold office until December 1, 1994 (4) Doug Dennis to hold office until December 1 , 1994 (5) Jim Hagell to hold office until December 1 , 1994 2. THAT all by-laws inconsistent with the provisions of this by-law are hereby repealed. 3. THAT this by-law comes info full force and effect January 6, 1994. READ A FIRST AND SECOND TIME this 6th day of JANUARY, 1994. READ A THIRD TIME AND FINALLY PASSED this bth day of JANUARY, 1994. .�-- A REEVE CLERK CORPORATION OF THE TOWNSHIP OF BAYHAM BY-LAW NO, 94-4 A BY-LAW TO CONFIRM ALL ACTIONS OF THE COUNCIL OF THE CORPORATION OF THE TOWNSHIP OF BAYHAM AT THE REGULAR MEETING HELD JANUARY 6TH, 1994 WHEREAS under Section 9 of the Municipal Act, R.S.O. 1990 Chapter M.45 the powers of a municipal corporation are to be exercised by the council of the municipality; AND WHEREAS under Section 101 of the Municipal Act the powers of council are to be exercised by by-law; AND WHEREAS the Council of the Corporation of the Township of Bayham deems it advisable that the proceedings of the meeting be confirmed and adopted by by-law. THEREFORE THE COUNCIL OF THE CORPORATION OF THE TOWNSHIP OF BAYHAM ENACTS AS FOLLOWS: I. THAT the action of the Council of the Corporation of the Township of Bayham in respect of each recommendation and each motion and resolution passed and other action by the Council at its meeting held January 6th, 1994 is hereby adopted and confirmed as if all, proceedings were expressly embodied in this by-law. 2. THAT the Reeve and Clerk of the Corporation of the Township of Bayham are hereby authorized and directed to do all things necessary to give effect to the action the Council including executing all documents and affixing the Corporate Seal. READ A FIRST AND SECOND TIME this 6th day of January, 1994. READ A THIRD TIME AND FINALLY PASSED this 6th day of January, 1994. to/ r REEVE CLERK CORPORATION OF THE TOWNSHIP OF BAYHAM BY-LAW NO. 94-5 BEING A BY-LAW TO PROVIDE FOR AN INTERIM LEVY PRIOR TO THE ADOPTION OF THE ESTIMATES FOR THE YEAR 1994. WHEREAS Section 376 of the Municipal Act, R.S.O., Chapter M.45 permits councils of local municipalities to pass by-laws for levying rates in any year, before the adoption of the estimates for the year, on the rateable commercial assessment and on the rateable residential and farm assessments. AND WHEREAS the Council of the Township of Bayham deems it expedient to make a levy in the year 1994 prior to the adoption of the estimates; THEREFORE THE COUNCIL OF THE TOWNSHIP OF BAYHAM ENACTS AS FOLLOWS: 1. That in the year 1994, before the adoption of the estimates, a levy shall be made on the whole of the assessment for Real property according to the last 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 1994, before the adoption of the estimates, 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 residential real property of public and separate school supporters. 3. The respective amounts to be levied under the provision of paragraphs I and 2 of this by- law are: Real Property $7,304,064.00 Business Assessment 155,795.00 $7,459,859,00 4. The rate to be levied under the provisions of paragraph I and 2 of this by-law to produce the amount set out in paragraph 3 of this by-law is one hundred and seventy-one (171) mills. 5. The dates of payment of taxes under this by-law shall be as follows: Due Date of 1st Instalment February 28, 1994 Due Date of 2nd Instalment May 31 1994 6. In default of payment of the first instalment of taxes or any part thereof by the day named therein for the payment thereof, the remaining instalment or instalments shall forthwith become payable. 7. If the taxes levied under this by-law are not paid on or before the due dates a charge of one and one quarter percent (1 1/4) shall be imposed as a penalty for non-payment of and shall be added to every tax instalment or part thereof remaining unpaid on the first day following the last day of payment of each such instalment and thereafter an additional charge of one and one quarter percent (1 1/4) shall be imposed and shall be added to every such tax instalment 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. By-law No. 94-5 - 2 - 8. It shall be the duty of the Tax Collector immediately after the 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 instalments 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 are incurred. 9. The tax collector not later than 21 days prior to the date that the first instalment 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 instalment 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 AND SECOND TIME this 20th day of JANUARY, 1994 READ A THIRD TIME AND FINALLY PASSED this 20th day of JANUARY, 1994. 1:0 " # REEVE CLERK CORPORATION OF THE TOWNSHIP OF BAYHAM BY-LAW NO. 94-6 BEING A BY-LAW TO AUTHORIZE THE REEVE AND CLERK TO EXECUTE AN AGREEMENT TO PERMIT THE ENCROACHMENT OF A FRAME GARAGE OVER JOHN STREET IN THE HAMLET OF CORINTH AND TO FIX A FEE FOR SUCH PRIVILEGE. WHEREAS Section 210(107) of the Municipal Act, R.S.O., Chapter M.45 provides councils with the power to pass by-laws for allowing any person owning or occupying any building or other erection that by inadvertence has been partially or partially erected upon any highway to maintain and use such erection thereon and for fixing such fee or charge as council considers reasonable for such owner or occupant to pay for such privilege. AND WHEREAS through the sale of Lots 6, 22 and 23, Registered Plan 97, it has become apparent that a frame garage located on Lot 23, Registered Plan 97 encroaches on John Street. AND WHEREAS in the opinion of the council such an encroachment should be confirmed by by-law so that public interest may be protected by setting certain undertakings to be carried by the owner. AND WHEREAS an Agreement, in the form annexed hereto and marked as Schedule "A" has been prepared by'the Township. - THEREFORE THE COUNCIL OF THE TOWNSHIP OF BAYHAM ENACTS AS FOLLOWS: 1. THAT an existing encroachment by a frame garage, shown on Surveyor's Real Property Report prepared by Kim Husted, Ontario Land Surveyor, and dated October 6, 1993, a copy of which is annexed hereto, over John Street, Plan 97 for the hamlet of Corinth adjacent to Lot 23, is hereby allowed to be maintained and used for so long as the said garage remains in its present location, in accordance with the terms of the aforesaid Schedule "A"; and, for the sum of one dollar ($1 .00) is hereby fixed to be a one-time charge to be paid to the Corporation of the Township of Bayham by. the Owner. 2. THAT the Reeve and Clerk be and they are hereby authorized to execute the attached agreement and marked as Schedule "A" on behalf of the Corporation and to affix the Corporate Seal. READ A FIRST AND SECOND TIME this 20th day of JANUARY, 1994 READ A THIRD TIME AND FINALLY PASSED this 20th day of JANUARY, 1994. 10 if" REEVE CLERK 1 SCHEDULE "A" THIS AGREEMENT made in duplicate this 20th day of January, 1994, BETWEEN: THE CORPORATION OF THE TOWNSHIP OF BAYHAM, hereinafter called the "MUNICIPALITY" OF THE FIRST PART - and - DONNA MARIE THERIAULT of the Township of Bayham, in the County of Elgin. hereinafter called the "OWNER" OF THE SECOND PART WHEREAS the Owner is the registered owner of land and premises in the Township of Bayham, in the County of Elgin, being more particularly described as Lots 6, 22 and 23, Registered Plan 97. AND WHEREAS a garage is situated on the said lands and premises, the most westerly wall of which garage and certain improvements or additions thereto encroach on the road allowance for John Street as shown on the Surveyor's Real Property Report prepared by Kim ,Husted, Ontario Land Surveyor, and dated October 6, 1993, a copy of which is attached as Schedule "A" hereto; AND WHEREAS the Owner has requested the Municipality to enact a By-law allowing the use and maintenance of the said encroachments for so long as the building remains in its present location; AND WHEREAS the Municipality is of the opinion that such By-Law would not be in the public interest unless certain undertakings as hereinafter set out are given by the Owner; NOW THEREFORE THIS AGREEMENT WITNESSETH that in consideration of the premises and the sum of ONE DOLLAR ($1 .00) of lawful money of Canada now paid by the Municipality to the Owner, the receipt whereof is hereby acknowledged, the Owner covenants and agrees with the Municipality to do and perform, at his own expense, the following matters and things: 1. The Owner, his heirs, executors, administrators, successors and assigns, as owners and occupiers from time to time of the said lands described above will at all times indemnify and save harmless the Municipality of and from all loss, costs and damages which the Municipality may suffer, be at or be put to for or by any reason of or on account of the existence of the said encroachment or the use or maintenance of the said encroachment or anything done or purported to be done pursuant to this Agreement or a By-Law respecting the said encroachment, or either of them, or anything which may arise by reason of the use and maintenance of said encroachment, this Agreement, or any By-Law, or any act or neglect in carrying out anything to be done pursuant to the said By-Law, this Agreement or by reason of the existence, use, maintenance or repair or lack of repair of the said encroachment. 2. In the event of the destruction or demolition of the most westerly wall and the improvements or additions thereto or any of them, the Owner agrees not to restore the same in the location shown on the Surveyor's Real Property Report attached but to effect any reconstruction in accordance with the Restricted Area or Zoning By-Law then in force in the said Municipality. 3, The Owner agrees that he shall not further extend any of the encroachments over John Street beyond that shown on the Schedule "A*. - 2 - d. This agreement shall be binding upon the Owner, his heirs. executors, administrators. successors and assigns, as owners and occupiers from time to time of the lands and premises described above and the covenants herein contained shall be deemed to run with the said lands and premises and hind the owners and occupiers thereof from time to time. IN WITNESS WHEREOF The Corporation of the Township of Bayham has hereunto affixed its corporate seal duty attested by the signatures of its proper signing officers the 20th day of January, 1994,and the parties of the second part have hereunto set their hands and seals the,day of J.o•.y, 1994. SIGNED. SEALED AND DELIVERED )THE CORPORATION OF THE TOWNSHIP OF in the presence of: )BAYHAM Per: '�" Donna Marie Theriault 03 04 99 18.03 FAX 519 842 5001 G.L.T.C. TBURG a 001 005 81'18'9, 15.11 E 5I9 866 3804 BAYMNM T8885811, P.01 TOWNSHIP OF BAYHAM — — — P.O.Box 160 Aon Straffordville,Ontario �1 NO) IYO inti P600e(519)866-5521 Fax(519)866-7880 P)ea-17cia FAX COVER SHEET - Q : r-- TO: Scott Campbell COMPANY: ibson,Linton,Toth & Campbell FAX #: 842-5001 - PHONE: 842-3658 FROM: Don MacLeod Scott: Attached for your review is a draft encroachment agreement regarding Donna Marie Theriault. Please advise if you have problems with the draft agreement. 03. 04, 99 16 : 04 FAX 519 842 5001 G. L.T.C. TRU ;0002i003 RoAD ALL OW,� i►;, 66,00' a �� 33» 3 " � 1"' az a sEr� b �` :::\li '� `� S MP `�'1'�' 66. a �4 N 9 T i t. r rt4.8" Set 26 'cv (K.S,H, q Ai - ♦ Np M $TOpEY 16.11-.- EIL1NG r- i`�i�P1, itbtNe1 ti git INA ta o s �- 44 Et }.... tvic. _ 0 -zap 4 2 RAn en It fia Ns r NO' 28720 'n " ti 1 0 ct N N in ¶'^7 Y V ill a CIARAGE o (FRAME) z I v i W 66.0. `0 a 131.99' (MEAS) _ 5 O •4 Ci Z 4 ^I- -ge �pl BARN LOT �J X h tri 9.2 --�---- --�-�- . +- V ct oW W i IPI oil."---------"s------"--IT---74- . . ---------------- oft1 tiP.; 1C co it - gi 40;\ \ - _Z IQ sk N..444 �/ r W r0 'C • N a i 0ST 'AO'' .'\ 1 : w f .'� 0 o - � TREES Aho 13t`918 (K.9.H. a r� • O BUSHES fit) —w _ a EDGEor a, � S T • �" NILINE TREE Nay2794ci) 47 ag t / 1N$T, No. rr i l\, etY{ . , L Or 1r, I 03 . 03 99 19: 04 FAX 319 842 5001 G. L.T. C. TBURG Ia003/005 w.w S1.?VE YOR',;S' REAL FROPERne REPOTT PART 1 PLAN OF 9 LOTS G , 22 AND 23 AND ? E E 10 ,e REGISTERED PLAN No. 97 As) 10` (VILLAGE OF COR/NTH) TOWNSHIP .OF BAY HAM _.� COUNTY OF ELGIN SCALE - I arcs * 30 FEET KIMS. HUSTED O. L.S. A .� 199. --� THIS PLAN HAS BEEN PREPARED FOR CI3 DONNA THER I A ULT AND THE UNDERSIGNED ACCEPTS NO RESPONSIBILITY FOR USE 8Y OTHER PARTIES . SURVEYOR'S CERTIFICATEIF I CERTIFY THAT THE FIELD SURVEY REPRESENTED By THIS PLAN WAS COMPLETED ON THE 29th DAY OF SEPTEMBER 1995 . 0.11:kr& CP/E 3 _ '• DATED H STED ONTA LAND SURVEYOR THIS REPORT CAN BE UPDATED BY K. S. HUSTED O.L S. HOWEVER NO ADDITIONAL PRINTS OF THIS ORIGINAL REPORT WILL BE ISSUED SUBSEQUENT TO THE DATE OF CERTIFICATION . NOT ES ( I ) -- BEARINGS ARE ASTRONOMIC AND ARE REFERRED TO THE EAST LIMIT Of JOHN STREET AS SHOWN ON A PLAN OF SURVEY BY K. S. HUSTED O.L.S. PROJECT 86-022 , HAVING A BEARING OF NOO° 1S 50 ,E StVVFJVR REAL PROPERrV REPORT O PART 2 THIS PLAN MUST BE READ IN CONJUNCTION WITH THE SURVEY REPORT. LEGEND IP DENOTES SURVEY MONUMENT FOUND O DENOTES SURVEY MONUMENT SETr AIO pq/Q/v $18 DENOTES STANDARD IRON BAN AM COPY 18 DENOTES IRON BAR OW,E 'S (WIT) DENOTES WITNESS 61905 W,rk I DENOTES ROUND SF4� " (727) DENOTES J. F. WESTON QL.3. (1582) DENOTES K. S. RUSTED (K.S.H.) DENOTES PLAN OF SURVEY 9Y K. S. RUSTED PROJECT 86-022 , DATED 17th NOVEMBER 1986 (PLAN) DENOTES REGISTERED PLAN No. 97 9 COPYRIGHT 1993 KIM HUSTED SURVEYING LTD. HE REPROOUCTION ,ALTERATION OR USE OF THIS REPORT IN WHOLE OR IN PART *I THOUT TIDE MIR 1 T TEN PERMISSION OF KIM HUSTED SURVE Y ENG LTD. IS STRICTLY PROHIBITED . KIM HUSTED SURVEYING LTD. ONTARIO LAND SUR VE YOR/ 50 FOX ALLEY , TILLSONSU G ONTARIO , N40 3P4 PP4ONE1519 . $42-3$3S FAX : S19 600-234, a PROJECT= 93- 2970 REFERENCE ;FF- 3 11111110 03'04/99 18Y05 FAX 519 842 5001 G. L.T.C. TBURG QbOO 'O05 ROAD ALL OWA MA 1N rocN , sS t ONsatmS3 �6@.` vt�@Q �, tpAh �stri I .b r1 .. PL4N5:4712xf (K 5N. AND S ��-� A PORCH _ Y i,12 STOq - wE L L f NAle s/f a.4 Z 4 0 i : 17 ui LLQ -.";• 6 L�1 ° 0 i E "i t : LOT Cr ft f--- * 11-- e r-- L. 0 7- 5 t1� Q ig I N5 T. No M ? !p J in * ws 8 T 2 p .�! r .�� c►. _ ... q N so In 0 N '.6" 0 ev N (FR AME} 4 to cr 131.99' 6F . .._,..„..._____ ILdCY BARN .,, 0 T. N. la en m 14-- t)m V) L o --r- 73 ,,i . d h `-.__ _._may 44/ i k1 O N O On M 70 • 4,1Q W kt L 0 T 2 2 q , I, tt A1CM + Qs+y► r"' • L c) -r a—-25 4. X31Q$. • o a * _ `._ TREE AN (K -�• sususw n E r) se....) i a i orE ON EAST'. EDGE # @T 2UN iiNE E No. 279 ,� { 7 .. , ipisr No,, 313486 0 e ' A : t 01 : 04 99 10 : 03 FAX 319 642 3001 G.L.T.C. TBURG ia003:003 E Ojili4-40 rr• wmtTransfer/Deed of Land Pone 1 ,— Laud Registration Reform Act (1) Registry Land Titles + ( (2) Pae I or 2 t*s4w (3) Milli 8tc Property Consideration — identitierf s) �► NUMBER O ri CERTIFICATE OF REGISTRATION i2,4 1>*Iwoi 23 O C T It P a : 58 I EIGHTY THOUSAND Do+sart $ B0 , 000 . 00 (5) Description This is a' Property Property + OM$$Drt 1 I Corrsotudatron i .1 3; ELGIN -- s' '� E N° 11 Township of Bayham, County of Elgin , a . ST_ T)tQMA f. w REGtSTR,ft , in the Village of Corinth , being S New Property hdefbf4s Lots 6 , 22 , & 23 , Plan 97 . bAmebelemr 'al S410 Semmlule 'L.] Ea- tatbns Aid+trove► 5w �� Schedu►e (i) _Moe" (a) Redescription {t>1 Sc he Iute for (7) hMawM/tatM.Transferred New EaMrtn.rrt AddrtimW FM Semple Pen/Sketch fl Descrrptior fl parties C Other �__J (d) Trarsferor($ The transferor hereby transfers the land to the transferee and certifies that the transferor is at least eighteen years oid and that we are spouses of one another . . . . . . . . . • Date of Signature Nat(53 S*Q rs(s) t '. Y M 0 r*� NICK RSON, ,Earl , Stanley :199.3 •44. VA t5`./ Ni.t� ��,. .a � everlex Doreen .x .b . . . 1199.3 JO_ ‘`.1 1 (9) 5pousos) of Transferors) I hereby consent to this transsc*Ian Date of Signature ` Name(s) Signatures) r M D i . . . . . . , / . . . (10) Tnnsferot(s) Address tar Service 45 Earl Street , Tillsonburg, Ontario . Unit B . (1t) Transferee(s) — _ Date of Birth r M D TRERIAULT, Donna Marie 1959 03i 14 • • t . 1 (t2f Trans$eree(s) Address fur S•rvc• R. R . 1 4 , Aylmer , Ontario . NSH 2R3 (13)Transferor(s) That transferor Mike that to the best at the transferor's knowtedge and thief. this transfer does not contravene section SO d it Planning Act Date of Signature Date of $pnsture 1993 10 : 14 ; s,O Ab ` I. 10; v� . ' a • w :cliche*. s)' sue exp a eco:teed tc.'l5t)d ft"e tx''ann,n, ACt ±o!twat trartefcrt�t andI e rnq,►rries d ohne Iran1eror to determ,re4 teat this trarsfer�ydoss not coornttraavene thaattnsecrtion a_nd on t art err a1toi su�oiiad by the tis b /best rr�y krowledgt and Wier this transrer 6 rasa and �r71J� 'b YRfNDE ,t 5► '1' '" 4 , , 0Vte of SMnetu o • ►- 4 ► 10 Atfdrew o+ 10 Sydenham S r�fet , Aylmer signature. . . '/ •�f/ I ?1993 . 1.0L-1/4 . ti Q Ontario. N5H 1L2 ._, — - (14)SelleilIsr Ow Tlansfer s(s) I have investigated the title to this land and to abutting land where� -nt and I tom satisfied that the tette records r foam ria contavoliten ell set out in suboiause 50(22)(C)( )of the Planning Aa and thett to the best of my knowledge and belief this transfer g a *kW no donesesns eetyion so of the Planning Act. I ea independently of the for the transferor(*) and I am an Ontario solicitor in good standing r. Name ahem Date of M Signature iI; saialor al . A Signature, . . < . r . .. . . . (IS) AssessmentPisa Humber -;Cfy Mw! t MMAWSub Par �-r Foss and Tas et lh eettr 3,1101i000005 : 17600 ,,h Registration Fera _.c: (1i wrdc+ dr�.w► al Property (1 T) Demount Prepared hr. ' I.c a e Doyle I R . R . 1 4 , DOYLE & PRENDERGAST 1 Tru> $er Tarr .s�,' ,j`...-''" Aylmer , Ontario . 10 Sydenham Street , ' "- N5H 2R3 Aylmer, Ontario . N5H 1L2 . MD/1 v liz. Now - I • GrIBSQN, LINTON, TOTH, CAMPBELL & BENNETT m.%trrs Sc. Abolitions 36 E ADWAY TILL SONBUPG. ONTARIO DONALD M , Q C. Cl 92a 19s4) MALING ADDRESS: tAN A UM'ON, D.C. BOX 5 BERNARD TOTH. D.C. TEL (519) 842-3658 71LLSONFt.PG. ONTARIO SCOTT K CAMPBELL FAX (519) 932 5001 N4G 4H3 D. BFIADLEy 9£NNETT February 3rd, 1999. Municipality of Bayham Box 160 Straffordville, Ontario N0<J 1Y0 & endow. M'. Donald MacLeod Dear Sir: FIE The Cofpor'atiort of the_Towns?* of Bayttam & Donna Marie Ther Enclosed herewith please find Encroachment Agreement in duplicate. Our client Mrs. Theriault has signed same and returned same to us. Would you be good enough to arrange for execution of same and return same to our office. Thank you in advance for your assistance herein. Yours truly, (4/CPCMItter/( lit4/1 ; SCOTT K. CAMPBELL SKC_frn Ends. 01 - 10 9• 15 : 11 " 319 866 3884 BAYHAM TOWNSHIP P. 91 TOWNSHIP OF BAYHAM P.O. Box 160 Straffordville, Ontario NO) 1Y0 Phone (519) 866-5521 Fax (519) 866-3884 FAX COVER SHEET TO: Scott Campbell COMPANY: Gibson, Linton, Toth & Campbell FAX #: 842-5001 PHONE: 842.3658 FROM: Don MacLeod Scott: Attached for your review is a draft encroachment agreement regarding Donna Marie Theriault: Please advise if you have problems with the draft agreement. Ft,,L 613C \\I) , R • 1 ° r • SCHEDULE "A" THIS AGREEMENT made in duplicate this 20th day of January, 1994, BETWEEN: THE CORPORATION OF THE TOWNSHIP OF BAYHAM, hereinafter called the "MUNICIPALITY* OF THE FIRST PART _ and _ DONNA MARIE THERIAULT of the Township of Bayham, in the County of Elgin. hereinafter called the "OWNER" OF THE SECOND PART WHEREAS the Owner is the registered owner of land and premises in the Township of Bayham, in the County of Elgin, being more particularly described as Lots 6, 22 and 23, Registered Plan 97. AND WHEREAS a garage is situated on the said lands and premises, the most westerly wall of which garage and certain improvements or additions thereto encroach on the road allowance for John Street as shown on the Surveyor's Real Property Report • . prepared by Kim Husted, .Ontario Land Surveyor, and dated October 6, 1993, a copy of which is attached as Schedule "A" hereto; AND WHEREAS the Owner has requested the Municipality to enact a By-law ai!(.1w;ng the use and maintenance of the said v-croac!vrerts f r so '.aa cs t.!!e bar ld ng remains in its present location; AND WHEREAS the Municipality is of the opinion that such By-Law would not be in the public interest unless certain undertakings as hereinafter set out are given by the Owner; NOW THEREFORE THIS AGREEMENT WITNESSETH that in consideration of the premises and the sum of ONE DOLLAR ($1 .00) of lawful money of Canada now paid by the Municipality to the Owner, the receipt whereof is hereby acknowledged, the Owner covenants and agrees with the Municipality to do and perform, at his own expense, the following matters and things: 1 . The Owner, his heirs, executors, administrators, successors and assigns, as owners and occupiers from time to time of the said lands described above will at all times indemnify and save harmless the Municipality of and from all loss, costs and damages which the Municipality may suffer, be at or be put to for or by any reason of or on account of the existence of the said encroachment or the use or maintenance of the said encroachment or anything dnne or purpor'M to be done plir:t,v ' to this 4!rt w+er:t or A n - '!w res;+'ixti *3 the said encroachment, or either of them, or anything which may arise by reason of the use and maintenance of said encroachment, this Agreement, or any By-Law, or any act or. neglect in carrying out anything to be done pursuant to the said By-Law, this Agreement or by reason of the existence, use, maintenance or repair or lack of repair of the said encroachment. 2. In the event of the destruction or demolition of the most westerly wall and the improvements or additions thereto or any of them, the Owner agrees not to restore the same in the location shown on the Surveyor's Real Property Report attached but to effect any reconstruction in accordance with the Restricted Area or Zoning By-Law then in force in the said Municipality. 3. The Owner agrees that he shall not further extend any of the encroachments over John Street beyond that shown on the Schedule "A", - 2 - 4. This agreement shall be binding upon the Owner, his heirs, executors, administrators, successors and assigns, as owners and occupiers from time to time of the lands and premises described above and the covenants herein contained shall be deemed to run with the said lands and premises and bind the owners and occupiers thereof from time to time. IN WITNESS WHEREOF The Corporation of the Township of Bayham has hereunto affixed its corporate seal duty attested by the signatures of its proper signing officers the 20th day of January, 1994, and the parties of the second part have hereunto set their hands and seals the day of , 1994. SIGNED, SEALED AND DELIVERED ) THE CORPORATION OF THE TOWNSHIP OF in the presence of: ) BAYHAM ) ) Per: ) ) Donnas arie Theriault . • • SCHEDULE "A" THIS AGREEMENT made in duplicate this 20th day of January, 1994. BETWEEN: THE CORPORATION OF THE TOWNSHIP OF BAYHAM, hereinafter called the "MUNICIPALITY" OF THE FIRST PART - and DONNA MARIE THER1AULT of the Township of Bayham, in the County of Elgin. hereinafter called the "OWNER" OF THE SECOND PART WHEREAS the Owner is the registered owner of land and premises in the Township of Bayham, in the County of Elgin, being more particularly described as Lots 6, 22 and 23, Registered Plan 97. AND WHEREAS a garage is situated on the said lands and premises, the most westerly wall of which garage and certain improvements or additions thereto encroach on the road allowance for John Street as shown on the Surveyor's Real Property Report prepared by Kim Husted, Ontario Land Surveyor, and dated October 6, 1993, a copy of which is attached as Schedule "A" hereto; AND WHEREAS the Owner has requested the Municipality to enact a By-law allowing the use and maintenance of the said encroachments for so 'ung es the building remains in its present location; AND WHEREAS the Municipality is of the opinion that such By-Law would not be in the public interest unless certain undertakings as hereinafter set out are given by the Owner; NOW THEREFORE THIS AGREEMENT WITNESSETH that in consideration of the premises and the sum of ONE DOLLAR ($1 .00) of lawful money of Canada now paid by the Municipality to the Owner, the receipt whereof is hereby acknowledged, the Owner covenants and agrees with the Municipality to do and perform, at his own expense, the following matters and things: 1 . The Owner, his heirs, executors, administrators, successors and assigns, as owners and occupiers from time to time of the said lands described above will at all times indemnify and save harmless the Municipality of and from all loss, costs and damages which the Municipality may suffer, be at or be put to for or by any reason of or on account of the existence of the said encroachment or the use or maintenance of the said encroachment or anything done or purported to be done pt+reuan, to this A to`.tT'ent or Ely-Law resile ting the said encroachment, or either of them, or anything which may arise by reason of the use' and maintenance of said encroachment, this Agreement, or any By-Law, or any act or neglect in carrying out anything to be done pursuant to the said By-Law, this Agreement or by reason of the existence, use, maintenance or repair or lack of repair of the said encroachment. 2. In the event of the destruction or demolition of the most westerly wall and the improvements or additions thereto or any of them, the Owner agrees not to restore the same in the location shown on the Surveyor's Real Property Report attached but to effect any reconstruction in accordance with the Restricted Area or Zoning By-Law then in force in the said Municipality. 3. The Owner agrees that he shall not further extend any of the encroachments over John Street beyond that shown on the Schedule "A". • • • • ' • • 2 • L 4. This agreement shall be binding upon the Owner, his heirs, executors, administrators, successors and assigns, as owners and occupiers from time to time of the lands and premises described above and the covenants herein contained shall be deemed to run with the said lands and premises and bind the owners and occupiers thereof from time to time. IN WITNESS WHEREOF The Corporation of the Township of Bayham has hereunto affixed its corporate seal duty attested by the signatures of its proper signing officers the 20th day of January, 1994, and the parties of the second part have hereunto set their hands and seals the day of , 1994. SIGNED, SEALED AND DELIVERED ) THE CORPORATION OF THE TOWNSHIP OF in the presence of: ) BAYHAM ) ) Per: 7 ) AOPEIPle7 J 1 k:C ) Donna ane Theriault • CORPORATION OF THE TOWNSHIP OF BAYHAM BY-LAW NO. 94-7 A BY-LAW TO CONFIRM ALL ACTIONS OF THE COUNCIL OF THE CORPORATION OF THE TOWNSHIP OF BAYHAM AT THE REGULAR MEETING HELD JANUARY 20TH, 1994 WHEREAS under Section 9 of the Municipal Act, R.S.O. 1990 Chapter M.45 the powers of a municipal corporation are to be exercised by the council of the municipality; AND WHEREAS under Section 101 of the Municipal Act the powers of council are to be exercised by by-law; AND WHEREAS the Council of the Corporation of the Township of Bayham deems it advisable that the proceedings of the meeting be confirmed and adopted by by-law. THEREFORE THE COUNCIL OF THE CORPORATION OF THE TOWNSHIP OF BAYHAM ENACTS AS FOLLOWS: 1. THAT the action of the Council of the Corporation of the Township of Bayham in respect of each recommendation and each motion and resolution passed and other action by the Council at its meeting held January 20th, 1994 is hereby adopted and confirmed as if all proceedings were expressly embodied in this by-law. 2. THAT the Reeve and Clerk of the Corporation of the Township of Bayham are hereby authorized and directed to do all things necessary to give effect to the action the Council including executing all documents and affixing the Corporate Seal. READ A FIRST AND SECOND TIME this 20th day of January, 1994. READ A THIRD TIME AND FINALLY PASSED this 20th day of January, 1994. � = f(OrirLoaaormaaa '11111114 a ! i REEVE CLEdiCk CORPORATION OF THE TOWNSHIP OF BAYHAM BY-LAW NO. 94-S A BY-LAW TO REGULATE, RESTRICT AND PROHIBIT THE KEEPING AND THE RUNNING AT LARGE OF DOGS IN THE TOWNSHIP OF BAYHAM. WHEREAS Chapter M.45 Section 210 (I 1) ( 13) of the Municipal Act, R.S.O. 1990, provides that by-laws may be passed by Councils of local municipalities for: 1 . Licensing and requiring the registration of dogs and for imposing a licence fee on the owners of them. 2. Prohibiting or regulating the running at large of dogs in the municipality. 3. Seizing and impounding and for killing whether before or after impounding dogs running at large. 4. Selling dogs so impounded. AND WHEREAS Section 210 (1) of the Municipal Act provides that Councils of local municipalities may pass by-laws for prohibiting or regulating the keeping of animals or any class thereof that may be kept in or about any dwelling unit or in or about any class of dwelling units within the municipality or deferred areas thereof; THEREFORE THE COUNCIL OF THE CORPORATION OF THE TOWNSHIP OF BAYHAM ENACTS AS FOLLOWS: 1. This By-law may be referred to as "The Dog Control By-law." Part 1 - Definitions 2. In the By-law: 11 "Township Official" shall mean and include a member of the Township Council, an appointed official of the Township, including Dog Licensing Officer, Animal Control Officer, Pound-keeper, and any other officer appointed for the enforcement of this by- law. 2.2 "Dog" means any dog, male or female including the young, and the singular and plural of same shall have a like meaning. 2.3 "Owner" of a dog includes any person who possesses or harbours a dog and "owns" and "owned" have a like meaning; 2.4 "Running at large" means when a dog is found in any place other than the premises of the owner of the dog and not under the control of any person; 2.5 "Public Place" includes a highway within the meaning of the Highway Traffic Act, R.S.O. 1990, a park within the meaning of the Public Parks Act, R.S.O. 1990, recreation area, playground, municipal property or any other place to which the public is customarily admitted; BY-LAW NO. 94-8 - 2 - 2.6 "Kennel" means (i) a place or confine where purebred dogs are bred and raised and registered in the Register for the Canadian Kennel Club Incorporated; or (ii) a place or confine where dogs are bred or raised as a recognized class, or as a designated use "purebred" in the regulations of the Club; 2.7 "Pound" shall mean such premises and facilities designated by the Corporation of the Township as the Township Pound; Part II - Licensing 3. No person shall own, possess or harbour a dog unless a licence has been issued under this by-law. 4. The Council will appoint and authorize a dog licensing officer to issue licences required under this by-law, and every such licence shall be executed on behalf of the Corporation of the T o Bayham. „7,. 5. The owner of any dog within the limits of the.ship of Bayham shall cause such dog to be registered with the Corporation and shall be furnished with a dog tag on payment of the annual licence fee. 6. The owner shall keep such tag furnished securely fixed on the dog at all times during the year and until he procures a tag for the following year. A tag may be removed while the dog is being lawfully used for hunting in the bush. 7. All dogs shall be registered and licence fees paid for on or before June 30th in any given year. All licence fees shall be due and owing after that date. 8. A licence and dog tag shall expire on the 31st day of December in the year in which the same is issued. re..444.4.4,04# 9. Where owners of any dog have moved into the limits of theof Bayham and have purchased previously a current licence and have affixed a dog tag from another municipality, the Corporation shall consider the dog to be registered for the year in which the same was issued. 10. No dog tag issued shall be transferable and no tag shall be used upon a dog other than the dog for which it was issued. 11 . Owners shall supply the dog licensing officer c:11 •Toktdositip Official with a description of each dog, sufficient to identify such dog and a record shall be kept showing the name and address of the owner and the serial number of the dog tag furnished. rem„. 12. The following annual licence fees shall be paid to the dog licensing officer or Township Official by the person obtaining the licence at the time the licence is issued. (a) For each dog Fifteen Dollars ($15.00) 13. Where a dog tag has been lost a replacement tag shall be issued at no cost upon proof that the current year's licence fee has been paid. 14. Notwithstanding the provisions of Section 12, a kennel under the "Ani a. • :ree Act" and/or as defined under this by-law shall pay an annual licence f• • • 0. . :,t stead of a licence fee for each dog. 50. 15. The dog licensing officer is designated to keep a book in which shall be recorded the name of the owner of every dog registered under the provisions of this by-law, the-date of such registration, the description of the dog, the registration number and amount of fee paid in accordance with Section 210 Sub-Section 11 (c) of the Municipal Act, R.S.O. 1990, Chapter M.45. BY-LAW NO. 94-8 - 3 - Part III - Offences 16. No person shall suffer, allow or permit a dog of which that person is the owner to run at large on any private property or in a public place. - (a) A dog shall be deemed to be running at large if found in any place other than the premises of the owner of the dog and not under the control of any person. (b) A dog shall be deemed to be running at large if found on private property without the consent of the person apparently in possession or having ownership of the property. 17. Every owner of a dog and every person who has a dog under his or her care, custody or control shall restrain or cause the dog to be restrained on a leash where the dog is at any place other than: (a) on property of the owner, or (b) on the property of any person with the consent of that person. Failure to restrain the dog is an offence under this by-law. 18. Every owner who possesses or harbours a dog shall have a current licence and shall have the tag affixed to the dog. Failure or neglect to obtain the necessary licence and tag is an offence under this by-law. Part IV - Impounding 19. Any person may capture any dog running at large and trespassing on his property and deliver same to the pound-keeper who shall impound said dog or return same to the owner. 20. A Township Official or other duly appointed officer, may enter on any public property or on private property with the consent of the owner for the purpose of catching any dog running at large contrary to the provisions of this by-law. Said dog shall be impounded or returned to the owner further to the provisions of Sub-Section 21 . 21 . The owner or keeper of a dog impounded for being at large shall be entitled to redeem such animal within 72 hours from the time of impoundment, exclusive of the day of impoundment, upon paying any fees, damages, fines and expenses or costs that might have occurred by the impounding of such dog. 22. Where a dog captured under this by-law is injured or should be destroyed without delay for humane reasons or for reasons of safety to persons or animals, the Township Official or other duly appointed officer can kill the dog in a humane manner as soon after capture as he or she thinks fit without permitting any person to reclaim the dog or without offering it for sale, and in that event no damages or compensation shall be recovered on account of its killing. 23. Where a dog is known to have bitten a person, the Medical Officer of Health may order the agent for the Corporation to confine the dog under supervised observation for a period not to exceed ten (10) days in accordance with O.R. 292/84, Section 3, Sub- Section (2) of the Health Protection and Promotion Act, 1990. 24. Where a dog that is impounded is not claimed by the owner thereof within the redemption period specified under this by-law, the Pound-keeper may retain the dog for such further time as he may consider proper and during that time may: BY-LAW NO. 94-8 - 4 - (a) sell the dog for such price as he may consider proper: or (b) euthanize the dog or kill it in a humane matter; or (c) dispose of the dog as he sees fit. • 25. No compensation, damage fees or any other sum of money shall be recoverable by any owner or person on account of or by reason of the impounding, euthanizing or other disposal of the impounded dog in the course of the administration and enforcement of this by-law. 26. The owner of a dog that has been impounded may reclaim the dog according to the provisions of Section 21 upon application to the Pound-keeper and the proof of ownership. Part V - General and Penalties 27. A "Township Official" or Animal Control Officer may commence a proceeding in Provincial Offences Court by filing a Certificate of Offence. 28. (a) Pursuant to Section 15 of the Livestock, Poultry and Honey Bee Protection Act, R.S.O. 1990 c.L.24 every owner of a dog who allows it to run at large contrary to this by-law is guilty of an offence and on conviction is liable to a fine of not more than $50.00. (b) Any person who contravenes Sections 16, 17 and 18 of this by-law is guilty of an offence and on conviction is liable to a fine of not more than $50.00. (c) Upon conviction of an offence under Sub-Section (a) or (b) by a Court of competent jurisdiction the individual shall be liable for all Court costs plus interest in addition to the fine. 29. Except as provided in Sub-Section 28 (a) and 28 (b), any person who contravenes any provisions of this by-law is guilty of an offence and, upon conviction thereof by a Court of competent jurisdiction pursuant to the provisions of the Provincial Offences Act, R.S.O. 1990, c.p.33, as amended, or any successor legislation shall be liable to a fine of not more than $2,000.00 plus Court costs as assessed and levied. 30. The court in which the conviction has been entered, any court of competent jurisdiction thereafter, may make an order prohibiting the continuation or repetition of the offence by the person convicted, and such order shall be in addition to any other penalty imposed on the person convicted. 31 . Each day during which there is a breach of this by-law shall be regarded as a separate and distinct offence and any person who continues in breach of this by-law, may be charged for each separate day during the continuation of the offence. 32. It is declared that, notwithstanding that any section of this by-law or part thereof may be found by a Court of competent jurisdiction to be invalid, unenforceable or ultra vires that such section shall conclusively be deemed to be severable and all other section or parts of this by-law are separate and independent therefrom and enacted as such. 33, In this by-law, unless the contrary intention appears, words importing only singular number or masculine gender shall include more person, parties or things of the same kind that one and the feminine or neuter gender. • 34. By-law 4-91 is hereby revoked. 35, This by-law comes into force on the 3rd day of February, 1994. BY-LAW NO. 94-8 - 5 READ A FIRST AND SECOND TIME this 3rd day of February, 1994, READ A THIRD TIME AND FINALLY PASSED this 3rd day of February, 1994. td/e///4iv/ . ', ei014-4g- REEVE CLERK CORPORATION OF THE TOWNSHIP OF BAYHAM BY-LAW NO. 974 ' A BY-LAW TO AMEND BY-LAW NO. 94-8, TO REGULATE, RESTRICT AND PROHIBIT THE KEEPING AND RUNNING AT LARGE OF DOGS IN THE TOWNSHIP OF BAYHAM. WHEREAS the Council of the Corporation of the Township of Bayham enacted and passed By- law No. 94-8 on February 3, 1994 pursuant to Section 210 (11), (13) of the Municipal Act, R.S.O. 1990, Chapter M.45, as amended to regulate, restrict and prohibit the keeping and running at large of dogs in the Township of Bayham. AND WHEREAS Council now deems it necessary to amend By-law No. 94-8 with respect to "Kennel Licences". THEREFORE THE COUNCIL-OF THE CORPORATION OF THE TOWNSHIP OF BAYHAM ENACTS AS FOLLOWS: 1. THAT By-law 94-8 be hereby amended as follows: Part 1- Definitions The Definition of Kennel is amended by adding the following: "and effective April 3, 1997, any resident proposing to establish a new kennel within the Township of Bayham will be required to apply to the Township of Bayham for a site.specific zoning designation." Section 14 shall be deleted in its entirety and the following substituted therefor: "14. Notwithstanding the provisions of Section 12, a 'Kennel' under the Animal Pedigree Act'andlor as defined under this by-law shall pay at the Township Office an annual licence fee of$50.00 instead of a licence fee for each dog. Further, effective April 3, 1997, any resident proposing to establish a new kennel within the Township of Baykam will be required to apply to the Township of Bayham for a site.specific zoning designation. 2. THAT in all other No. 94-8 be and is confirmed.here rexpecta By-lawb •y 3. THAT this By-law shall take effect April 3, 1997, READ A FIRST AND SECOND TIME this 3rd day of April , 1997. READ A THIRD TIME AND FiNALLY PASSED this 3rd day of April , 1997. REEVE CLERK THE CORPORATION OF THE VILLAGE OF PORT BURWE ,L BY-LAW No . _ . TITLE : Dogs ITEM COLUMN 1 COLUMN 2 COLUMN 3 1 . Fail to register dog Section 1I . 2 ( a ) $53 . 75 2 . Own a dog without license Section II . 2 ( b ) $53 . 75 3 . Possess dog without license Section II . 2 ( b ) $53 . 75 4 . Harbour dog without license Section II . 2 ( b ) $53 . 75 5 . Dog at large-private property Section III . 1 ( a ) $28 . 75 6 . Dog at large-publicplace Section III . 1 ( b ) $28 . 75 .id a 7 . Permit dog to enter private property Section I1I . 2 $28 . 75 0 yo 8 . Permit dog to remain on private property Section I11 . 2 $28 . 75 1 9 . Fail to restrain dog Section III . 3 ( a ) , ( b ) $28 . 75 10; Fail to cause dog to be restrained Section III . 3 ( a ) , ( b ) $28 . 75 11 . Fail to remove and dispose of dog excrement Section III . 5 ( a ) $28 . 75 • Note : The penalty provision ( s ) for the offence ( s ) indicated above is Section V Part 2 of the By-Law No . , a certified copy of which By-Law has been filed . CORPORATION OF THE TOWNSHIP OF BAYHAM BY-LAW NO. 94-9 A BY-LAW TO REPEAL ZONING BY-LAW NO. Z298/94. WHEREAS By-law No. Z298/94 was passed by the Council of the Corporation of the Township of Bayham on January 20, 1994. AND WHEREAS By-law Z298/94 contains an error that must be corrected by repealing the by- law. THEREFORE THE COUNCIL OF THE CORPORATION OF THE TOWNSHIP OF BAYHAM ENACTS AS FOLLOWS: 1. THAT Zoning By-law No. Z298/94 as passed by the Council of the Corporation of the Township of Bayham on January 20, 1994, is hereby repealed. READ A FIRST AND SECOND TIME this 3rd day of FEBRUARY 1994. READ A THIRD TIME AND FINALLY PASSED this 3rd day of FEBRUARY 1994. e/00,07,,ii REEVE CLERK CORPORATION OF THE TOWNSHIP OF BA YH AM BY-LAW NO. 9440 BEING A BY-LAW TO APPOINT MURRAY WISSON, RICK GARRETT AND GERRY WHITCROFT AS FIRE CAPTAINS AND GARY ZAMECNIK AS A FIRE TRAINING OFFICER AND TO AMEND BY-LAW 93-6 WHEREAS Section 207(45) of the Municipal Act R.S.O. 1990 Chapter M.45 authorizes municipalities to appoint such officers and employees as may be necessary for carrying into effect the provisions of any Act of the Legislature and to fix their remuneration and prescribe their duties. AND WHEREAS the Council of the Corporation of the Township of Bayham deems it necessary to appoint additional officers to the Township Fire Department. THEREFORE THE COUNCIL OF THE CORPORATION OF THE TOWNSHIP OF BAYHAM ENACTS AS FOLLOWS: 1 . THAT Murray Wisson, Rick Garrett and Gerry Whitcroft are hereby appointed as Fire Captains. 2. THAT Gary Zamecnik is herebyappointed as-a Fire Training Officer. 3. THAT By-law No. 93-6 is hereby amended by deleting Section 1. 14 and replacing it with the following: " 1 . 14 Fire Captains Perry Grant 93-6 Murray Wisson 94-10 Gerry Whitcroft 94-10 Rick Garrett 94-10" 4. THAT By-law No. 93-6 is hereby amended by deleting Section 1. 16 and replacing it with the following: "1 . 16 Fire Training Officer Gary Zamecnik 94-10" S. THAT this by-law comes info full force and effect upon final passing. READ A FIRST AND SECOND TIME this 3rd day of FEBRUARY 1994. READ A THIRD TIME AND FINALLY PASSED this 3rd day of FEBRUARY 1994. , 111 .. REEVE CLERK ronnimmanik CORPORATION OF THE TOWNSHIP OF BAYHAM BY-LAW NO. 94-11 A BY-LAW TO CONFIRM ALL ACTIONS OF THE COUNCIL OF THE CORPORATION OF THE TOWNSHIP OF BAYHAM AT THE REGULAR MEETING HELD FEBRUARY 3RD, 1994 WHEREAS under Section 9 of the Municipal Act, R.S.O. 1990 Chapter M.45 the powers of a municipal corporation are to be exercised by the council of the municipality; AND WHEREAS under Section 101 of the Municipal Act the powers of council are to be exercised by by-law; AND WHEREAS the Council of the Corporation of the Township of Bayham deems it advisable that the proceedings of the meeting be confirmed and adopted by by-law. THEREFORE THE COUNCIL OF THE CORPORATION OF THE TOWNSHIP OF BAYHAM ENACTS AS FOLLOWS: 1. THAT the •action of the Council of the Corporation of the Township of Bayham in respect•of each recommendation and each..motion and resolution passed and other action by the Council at its meeting held February 3rd, 1994 is hereby adopted and confirmed as if all proceedings were expressly embodied in this by-law. 2. THAT the Reeve and Clerk of the Corporation of the Township of Bayham are hereby authorized and directed to do all things necessary to give effect to the action the Council including executing all documents and affixing the Corporate Seal. READ A FIRST AND SECOND TIME this 3rd day of FEBRUARY, 1994. READ A THIRD TIME AND FINALLY PASSED this 3rd day of FEBRUARY, 1994. Akti REEVE CLERK CORPORATION OF THE TOWNSHIP OF BAYHAM BY-LAW NO. 94-12 BEING A BY-LAW TO APPOINT BEN VANDEVYVERE AS A TRANSFER SITE OPERATOR AND TO AMEND BY-LAW 93-6 WHEREAS Section 207(45) of the Municipal Act R.S.O. 1990 Chapter M.45 authorizes municipalities to appoint such officers and employees as may be necessary for carrying into effect the provisions of any Act of the Legislature and to fix their remuneration and prescribe their duties. AND WHEREAS the Council of the Corporation of the Township of Bayham deems it necessary to appoint a new Transfer Site Operator. THEREFORE THE COUNCIL OF THE CORPORATION OF THE TOWNSHIP OF BAYHAM ENACTS AS FOLLOWS: 1. THAT Ben Vandevyvere is hereby appointed as a Transfer Site Operator. 2. THAT By-law No. 93-6 is hereby amended by deleting Section 1.24 and replacing it with the following: '1.24 Transfer Site •Operator 'Ban Vandevyvere 94-12" 3. THAT this by-law comes info full force and effect upon final passing. ,..:.o t... ...-40,40 .. .-.y.t .,'a..,. S. -, /,.:i„ '. v .J3�- "S� ,/.�:f1 fi?.,� +.... 9L...F.�..� •:K fi. ., t i,•n a .. -.x M+.. .s. h ,- �.! .� .: :.. .. ..<.:. -:: 5 Y- .•- h, .... ... .. 1...,i! L )� b j:Z'} .J ...) �f ...,r. .. :.<�.> .. ,� .-.,....y.'a., ,m. y,E'. .s.? .>... 'S?..�a 3.,,., „0 :>< ,: �. ':., .i -, w .,..� 'F.. 'r x �:' -u• a.;, v.� .. 4? 3.2>., K .. F% Y.A. �..2:..7::.,. � > � .f. 3 ol. ��.�. kl..l .:,::. t .. 1' ;'P.. Nj':: i 2 >a•: �V. 7>:, ,.. ..�. ... ...,. „ ,..... � 6 3.S}.,, i.r,F- : -..�.t -. ,,a, `.., ,.. A:�,, r.. rwb .,< :Y ..,b£? .b,. �srP1� .S < .t n a,�> 'k a.• ,<}}. ;2'\ < ....:,a�c :.m.. Bd�Ys,.: 4 n ? ,. •,5.cc�.,.d�. . 4nf.c.,t..� -_;Er:.><�., ,.,n<sF K ',_.,,:..r. ,Ck.'+�.�,:Yn :� ,x<t ,r.. J� :�. r S {,:':.:: ).� r.e�•.i7:: .,,r h� r, ».'t� .. �d ?-t., ,. .> A ,.,w,.. .., v� ),z'>�<,s >8 fE, n. ,`5 p ,.�s. READ A FIRST AND SECOND TIME this 17th day of FEBRUARY 1994. READ A THIRD TIME AND FINALLY PASSED this 17th day of FEBRUARY 1994. • / REEVE CLERK CORPORATION OF THE TOWNSHIP OF BAYHAM BY-LAW NO. 94-52 A BY-LAW TO REPEAL BY-LAW NO. 94-12 AND TO AMEND BY-LAW NO. 93-6 WHEREAS By-law No. 94-12, to appoint Ben Vandevyvere as Transfer Site Operator was passed by the Council of the Corporation of the Township of Bayham on February 17, 1994; AND WHEREAS operation of the Transfer Station has been assumed by Green Lane Environmental Group Limited by-law 94-25; AND WHEREAS the services of Ben Vandevyvere are no longer required. THEREFORE THE COUNCIL OF THE CORPORATION OF THE TOWNSHIP OF BAYHAM ENACTS AS FOLLOWS: 1. THAT By-law No. 94-12 as passed by the Council of the Corporation of the Township of Bayham on February 17, 1994, i s hereby repealed. 2. THAT By-law No. 93-6 is hereby amended by deleting Section 1.24 in its entirety. 3. THAT this by-law comes info full force and effect upon final passing. READ A FIRST AND SECOND TIME this 15th day of SEPTEMBER, 1994. READ A THIRD TIME AND FINALLY PASSED this 15th day of SEPTEMBER, 1994. 49/' REEVE CLERK 11111/11 • CORPORATION OF THE TOWNSHIP OF BAYHAM BY-LAW NO. 94-13 BEING A BY-LAW TO AMEND BY-LAW NO. 93-39 WHEREAS the Council of the Township of Bayham appointed a new Transfer Site Operator; AND WHEREAS the Council of the Township of Bayham deems it necessary to amend the remuneration paid to the Transfer Site Operator. THEREFORE THE COUNCIL OF THE CORPORATION OF THE TOWNSHIP OF BAYHAM ENACTS AS FOLLOWS: 1. THAT By-law No. 93-39 is hereby amended by deleting Schedule "A" and replacing it with Schedule "A" attached hereto which schedule is attached to and forms part of this By-law. 2. THIS By-jaw comes into force and take effect upon final passing. READ A FIRST AND SECOND TIME this 17th day of FEBRUARY, 1994. READ A THIRD TIME AND FINALLY PASSED this 17th day of FEBRUARY, 1994. /07 0/1/1(te REEVE CLERK SCHEDULE "A" BY-LAW 93-39 1. THAT the following remuneration shall be paid to the officers and employees of the Corporation: Position Remuneration 1 .01 Clerk Treasurer/Tax Collector $40,914.00 Per annum 1.02 Open 1.03 Assistant Clerk Treasurer $15.30 Per hour and Tax Collector 1 .04 Administrative Assistant $12.00 Per hour 1 ,05 Open 1 .06 Part Time Office Staff $9.25 Per hour 1 .07 Road Superintendent $39,683.00 Per annum 1 .08 Open 1.09 Road Equipment Operators - $14.00 Per hour 1. 10 Open 1 . 11 Part Time Road Staff $9.00 Per hour 1. 12 Drainage Superintendents $31 ,522.00 Per annum By-law Enforcement Officer/ Chief Building Official 1. 13 Open 1. 15 Transfer Site Operator $8.00 Per hour 1. 16 Part Time Transfer Site Staff $6.50 Per hour 1. 17 Fire Chief $7,374.00 Per annum 1. 18 Deputy Fire Chief $5,384.52 Per annum 1. 19 Volunteer Fireman Class 1 $44.31 Per call $12.00 Per hour/maintenance 1 .20 Volunteer Fireman Class H $40,96 Per call $12.00 Per hour/maintenance 1.21 Volunteer Fireman Class I.1I $36.07 Per call $12.00 Per hour/maintenance CORPORATION OF THE TOWNSHIP OF BAYHAM BY-LAW NO. 94-14 A BY-LAW TO CONFIRM ALL ACTIONS OF THE COUNCIL OF THE CORPORATION OF THE TOWNSHIP OF BAYHAM AT THE REGULAR MEETING HELD FEBRUARY 17TH, 1994 WHEREAS under Section 9 of the Municipal Act, R.S.O. 1990 Chapter M.45 the powers of a municipal corporation are to be exercised by the council of the municipality; AND WHEREAS under Section 101 of the Municipal Act the powers of council are to be exercised by by-law; AND WHEREAS the Council of the Corporation of the Township of Bayham deems it advisable that the proceedings of the meeting be confirmed and adopted by by-law. THEREFORE THE COUNCIL OF THE CORPORATION OF THE TOWNSHIP OF BAYHAM ENACTS AS FOLLOWS: 1. THAT the, action of the. Council of the Corporation of the Township of Bayham in respect of each recommendation and each motion and resolution passed and other action by the Council at its meeting held February 17th, 1994 is hereby adopted and confirmed as if all proceedings were expressly embodied in this by-law. 2. THAT the Reeve and Clerk of the Corporation of the Township of Bayham are hereby authorized and directed to do all things necessary to give effect to the action the Council including executing all documents and affixing the Corporate Seal. READ A FIRST AND SECOND TIME this 17th day of FEBRUARY, 1994. • READ A THIRD TIME AND FINALLY PASSED this 17th day of FEBRUARY, 1994. REEVE CLERK CORPORATION OF THE TOWNSHIP OF BAYHAM BY-LAW NO. 94-15 BEING A BY-LAW TO ASSUME PART 3 AND PART 4 OF REFERENCE PLAN 11.R-5342 AS PART OF A PUBLIC HIGHWAY WHEREAS the Council of the Township of Bayham has by By-law 93-50 authorized the conveyance of the said lands has been made to this Municipality by Transfer/Deed of Land designated as Part 3 and Part 4 on Reference Plan 11R-5342 and registered in the Registry Office for the County of Elgin as Instrument Number 338614 on the 9th day of February, 1994. AND WHEREAS it is now deemed expedient that the aforesaid lands be assumed by this Municipality as a part of the municipal roads system. THEREFORE THE COUNCIL OF THE CORPORATION OF THE TOWNSHIP OF BAYHAM ENACTS AS FOLLOWS: I. THAT the lands designated as Part 3 and Part 4 on Reference Plan 11R-5342 and situated in Part of Lot 109, North Talbot Road be and are hereby assumed by the Township of Bayham as part of the municipal roads system for the said Township. 2. THIS By-law comes into force and shall take effect upon final passing. READ A FIRST AND SECOND TIME this 3rd day of MARCH, 1944. READ A THIRD TIME AND FINALLY PASSED this 3rd day of MARCH, 1994. //la/Mile/ 711( t ► REEVE CLERK CORPORATION OF THE TOWNSHIP OF BAYHAM BY-LAW NO. 94-15 BEING A BY-LAW TO ASSUME PART 3 AND PART 4 OF REFERENCE PLAN 11R-5342 AS PART OF A PUBLIC HIGHWAY WHEREAS the Council of the Township of Bayham has by By-law 93-50 authorized the conveyance of the said lands has been made to this Municipality by Transfer/Deed of Land designated as Part 3 and Part 4 on Reference Plan 11R-5342 and registered in the Registry Office for the County of Elgin as Instrument Number 338614 on the 9th day of February, 1994, AND WHEREAS it is now deemed expedient that the aforesaid lands be assumed by this Municipality as a part of the municipal roads system. THEREFORE THE COUNCIL OF THE CORPORATION OF THE TOWNSHIP OF BAYHAM ENACTS AS FOLLOWS: I. THAT the lands designated as Part 3 and Part 4 on Reference Plan 11R-5342 and situated in 'Part of Lot 109, North Talbot Road be and- are hereby assumed by the Township of Bayham as part of the municipal roads system for the said Township. 2. THIS By-law comes into force and shall take effect upon final passing. READ A FIRST AND SECOND TIME this 3rd day of MARCH, 1994. READ A THIRD TIME AND FINALLY PASSED this 3rd day of MARCH, 1994. DEPUTY REEVE CLERK f CORPORATION OF THE TOWNSHIP OF BAYHAM BY-LAW NO. 94- 16 A BY-LAW TO CONFIRM ALL ACTIONS OF THE COUNCIL OF THE CORPORATION OF THE TOWNSHIP OF BAYHAM AT THE REGULAR MEETING HELD MARCH 3RD, 1994 WHEREAS under Section 9 of the Municipal Act, R.S.O. 1990 Chapter M.45 the powers of a municipal corporation are to be exercised by the council of the municipality; AND WHEREAS under Section 101 of the Municipal Act the powers of council are to be exercised by by-law; AND WHEREAS the Council of the Corporation of the Township of Bayham deems it advisable that the proceedings of the meeting be confirmed and adopted by by-law. THEREFORE THE COUNCIL OF THE CORPORATION OF THE TOWNSHIP OF BAYHAM ENACTS AS FOLLOWS: 1. THAT the action of the Council of the Corporation of the Township of Bayham in respect of each recommendation and each motion and resolution passed and other action • by the Council at its meeting held March 3rd, 1994 is hereby adapted and confirmed as if all proceedings were expressly embodied in this by-law. 2. THAT the Reeve and Clerk of the Corporation of the Township of Bayham are hereby authorized and directed to do all things necessary to give effect to the action the Council including executing all documents and affixing the Corporate Seal. READ A FIRST AND SECOND TIME this 3rd day of MARCH, 1994. READ A THIRD TIME AND FINALLY PASSED this 3rd day of MARCH, 1994. /[ki 1 DEPUTY REEVE CLERK CORPORATION OF THE TOWNSHIP OF BAYHAM B\ . I k'% NO, 94-- r BEING A BY-LAW TO APPOINT A COMMITTEE OF ADJUSTMENT FOR THE TOWNSHIP OF BAYHAM WHEREAS Section 44(1) of the Planning Act, R.S.O. 1990 Chapter P. 13 authorizes the Council of a local municipality to constitute appoint a committee of adjustment; AND WHEREAS Section 44(3) of the Planning Act states the term of office for committee members who are members of a municipal council shall be annual. THEREFORE THE COUNCIL OF THE CORPORATION OF THE TOWNSHIP OF BAYHAM ENACTS AS FOLLOWS: 1. THAT the Committee of Adjustment for the Corporation of the Township of Bayham is hereby constituted and the following persons are hereby appointed as its members for the term ending on the date shown for respective members, or until their successors are appointed. (1) Joe Volkaert Sr. to hold office until December 31 , 1994 (2) Wayne Casier to hold office until December 31 , 1994 (3) Rose Laemers to hold office until December 31, 1994 (4) Lewis Acre to hold office until December 31, 1994 (5) Ron Chatten to hold office until December 31, 1994 2. THAT By -law 94-3 and all by-laws inconsistent with the provisions of this by-law are hereby repealed. 3. THAT this by-law comes info full force and effect March 17, 1994. READ A FIRST AND SECOND TIME this 17th day of MARCH, 1994. READ A THIRD TIME AND FINALLY PASSED this 17th day of MARCH, 1994. REEVE CLERK CORPORATION OF THE TOWNSHIP OF BAYHAM BY-LAW NO. 94-18 A BY-LAW TO CONFIRM ALL ACTIONS OF THE COUNCIL OF THE CORPORATION OF THE TOWNSHIP OF BAYHAM AT THE REGULAR MEETING HELD MARCH 17T11, 1994 WHEREAS under Section 9 of the Municipal Act, R.S.O. 1990 Chapter M.45 the powers of a municipal corporation are to be exercised by the council of the municipality; AND WHEREAS under Section 101 of the Municipal Act the powers of council are to be exercised by by-law; AND WHEREAS the Council of the Corporation of the Township of Bayham deems it advisable that the proceedings of the meeting be confirmed and adopted by by-law. THEREFORE THE COUNCIL OF THE CORPORATION OF THE TOWNSHIP OF BAYHAM ENACTS AS FOLLOWS: 1. THAT the action of the Council of the Corporation of the Township of Bayham in respect of each recommendation and each motion and resolution passed and other action by the Council at its meeting held March 17th, 1994 is hereby adopted and confirmed as if all proceedings were expressly embodied in this by-law. 2. THAT the Reeve and Clerk of the Corporation of the Township of Bayham are hereby authorized and directed to do all things necessary to give effect to the action the Council including executing all documents and affixing the Corporate Seal. READ A FIRST AND SECOND TIME this 17th day of MARCH, 1994. READ A THIRD TIME AND FINALLY PASSED this 17th day of MARCH, 1994. tije6•41VE CLERK CORPORATION OF THE TOWNSHIP OF BAYHAM BY-LAW NO. 94-19 BEING A BY-LAW TO AMEND BY-LAW NO. 93-39 (AS AMENDED) WHEREAS Dwayne Daniel was appointed as Drainage Superintendent for the Township of Bayham. AND WHEREAS the Council of the Township of Bayham deems it necessary to amend the Staff Remuneration By-law to recognize the appointment of Dwayne Daniel as Drainage Superintendent. THEREFORE THE COUNCIL OF THE CORPORATION OF THE TOWNSHIP OF BAYHAM ENACTS AS FOLLOWS: 1. THAT By-law No. 93-39, as amended, is hereby further amended by deleting Schedule "A" and replacing it with Schedule "A" attached hereto which schedule is attached to and forms part of this By-law. 2. THIS By-law comes into force and take effect upon final passing. READ A FIRST AND SECOND TIME this 7th day of APRIL, 1994. READ A THIRD TIME AND FINALLY PASSED this 7th day of APRIL, 1994. Lese-c:7' /QV I REEVE CLERK • 4 . • SCHEDULE "A" BY-LAW 93-39 1. THAT the following remuneration shall be paid to the officers and employees of the Corporation: Position Remuneration 1.01 Clerk Treasurer/Tax Collector $40,914.00 Per annum 1 .02 Open 1.03 Assistant Clerk Treasurer $15.30 Per hour and Tax. Collector 1 .04 Administrative Assistant $12.00 Per hour 1 .05 Open 1 .06 Part Time Office Staff $9.25 Per hour 1 .07 Road Superintendent $39,683.00 Per annum 1.08 Open 1 .044 Road Equipment Operators $14.00 Per hour 1 . 10 Open 1 . 11 Part Time Road Staff $9.00 Per hour 1. 12 Drainage Superintendent) $34,000.00 Per annum By-law Enforcement Officer/ Chief Building Official 1. 13 Open 1 . 14 Open 1.15 Transfer Site Operator $8.00 Per hour 1 . 16 Part Time Transfer Site Staff $6.50 Per hour 1. 17 Fire Chief $7,374.00 Per annum 1 . 18 Deputy Fire Chief $5,384.52 Per annum 1. 19 Volunteer Fireman Class I $44.31 Per call $12.00 Per hour/maintenance 1.20 Volunteer Fireman Class ii $40.96 Per call $12.00 Per hour/maintenance 1.21 Volunteer Fireman Class III $36.07 Per call $12.00 Per hour/maintenance CORPORATION OF THE TOWNSHIP OF BAYHAM BY-LAW NO. 94-20 A BY-LAW TO CONFIRM ALL ACTIONS OF THE COUNCIL OF THE CORPORATION OF THE TOWNSHIP OF BAYHAM AT THE REGULAR MEETING HELD APRIL 7th, 1994 WHEREAS under Section 9 of the Municipal Act, R.S.O. 1990 Chapter M.45 the powers of a municipal corporation are to be exercised by the council of the municipality; AND WHEREAS under Section 101 of the Municipal Act the powers of council are to be exercised by by-law; AND WHEREAS the Council of the Corporation of the Township of Bayham deems it advisable that the proceedings of the meeting be confirmed and adopted by by-law. THEREFORE THE COUNCIL OF THE CORPORATION OF THE TOWNSHIP OF BAYHAM ENACTS AS FOLLOWS: 1. THAT the action of the Council of the Corporation of the Township of Bayham in respect'of each recommendation and each motion and resolution passed and other action by the Council at its meeting held April 7th, 1994 is hereby adopted and confirmed as if all proceedings were expressly embodied in this by-law. 2. THAT the Reeve and Clerk of the Corporation of the Township of Bayham are hereby authorized and directed to do all things necessary to give effect to the action the Council including executing all documents and affixing the Corporate Seal. READ A FIRST AND SECOND TIME this 7th day of April,, 1994. READ A THIRD TIME AND FINALLY PASSED this 7th day of April, 1994. 11 44111 IIP' REEVE CLERK SCHEDULE "A" THIS AGREEMENT made in duplicate this 21st day of April, 1994. BETWEEN: THE CORPORATION OF THE TOWNSHIP OF BAYHAM, hereinafter called the "MUNICIPALITY" OF THE FIRST PART and .. WADE AND JULIA SPITZKE of the Township of Bayham, in the County of Elgin. hereinafter called the "OWNER" OF THE SECOND PART WHEREAS the Owner is the registered owner of land and premises in the Township of Bayham, in the County of Elgin, being more particularly described as Part of Lot 129 and Part of Lot 130, Concession North of Talbot Road. AND WHEREAS a barn is situated on the said lands and premises, the most westerly wall of which barn and certain improvements or additions thereto encroach on the Road Allowance between Lot 128 and Lot 129, Concession North of Talbot Road as shown on the a Surveyor's Sketch prepared by Kim Husted, Ontario Land Surveyor, and dated July 29, 1988, a copy of which is attached as Schedule "B" hereto; AND WHEREAS the Owner has requested the Municipality to enact a By-law allowing the use and maintenance of the said encroachments for so long as the building remains in its present location; AND WHEREAS the Municipality is of the-opinion that such By-Law would not be in the public interest unless certain undertakings as hereinafter set out are given by the Owner; NOW THEREFORE THIS AGREEMENT WITNESSETH that in consideration of the premises and the sum of ONE DOLLAR ($1 .00) of lawful money of Canada now paid by the Municipality to the Owner, the receipt whereof is hereby acknowledged, the Owner covenants and agrees with the Municipality to do and perform, at his own expense, the following matters and things: 1 . The Owner, his heirs, executors, administrators, successors and assigns, as owners and occupiers from time to time of the said lands described above will at all times indemnify and save harmless the Municipality of and from all loss, costs and damages which the Municipality may suffer, be at or be put to for or by any reason of or on account of the existence of the said encroachment or the use or maintenance of the said encroachment or anything done or purported to be done pursuant to this Agreement or a By-Law respecting the said encroachment, or either of them, or anything which may arise by reason of the use and maintenance of said encroachment, this Agreement, or any By-Law, or any act or neglect in carrying out anything to be done pursuant to the said By-Law, this Agreement or by reason of the existence, use, maintenance or repair or lack of repair of the said encroachment. 2. In the event of the destruction or demolition of the most westerly wall and the improvements or additions thereto or any of them, the Owner agrees not to restore the same in the location shown on the Surveyor's Sketch attached hereto, but to effect any reconstruction in accordance with the Restricted Area or Zoning By-Law then in force in the said Municipality. 3. The Owner agrees that he shall not further extend any of the encroachments over the Road Allowance between Lot 128 and Lot 129, Concession North of Talbot Road as shown on the a Surveyor's Sketch prepared by Kim Husted, Ontario Land Surveyor, and dated July 29, 1988. 4, This agreement shall be binding upon the Owner, his heirs, executors, administrators, successors and assigns, as owners and occupiers from time to time of the lands and premises described above and the covenants herein contained shall be deemed to run with the said lands and premises and bind the owners and occupiers thereof from time to time. IN WITNESS WHEREOF The Corporation of the Township of Bayham has hereunto affixed its corporate seal duty attested by the signatures of its proper signing officers the 21st day of April, 1994, and the parties of the second part have hereunto set their hands and seals the day of , 1994. SIGNED, SEALED AND DELIVERED ) THE CORPORATION OF THE TOWNSHIP OF in the presence of: ) BAYHAM ) Per: • LI4 ..• atariMata,. ) Wade Spitzk ) 4,41,tiL ) J a Spitzka • • { • is ..) , t -� 8� SKETCH OF PART OF LOT 129 I} 1 \\4V CONCESSION NORTH OF TALBOT ROAD TOWNSHIP OF BAYHAM 4‘' ' -C4' • ",.01 2. .0119 COUNTY OF ELGIN 1 a ` Of es iO OOtN SCALE-I INCH . 100 FEET s ` PNO N►-f VAPSN R E•EN • L. S.sW.t e 'SO IG z — E`'t j6` *ENCS I . OL SURVEYOR'S CERTIFICATE I CERTIFY THAT THE FIELD SURVEY REPRESENTED WY THIS PLAN M WAS COMPLETED ON THE 2915 DAY CF JULY 'NBC RI U1 ' US 2.5 r �GARA((((K������I 2 STOREY N 52'..- ,j2'TR OMELL IMco ING FRIn1 '- - - 55 m n z / DATE RIMS HUSTED ONTARIO LAND SURVEYOR O 0171 [7-1 CO BARN Z i -5e d. i 5TH 1 BARN GREENHOUSES OVER BARN Z to O Oc ~ IS 0 O O f Q NOT E 14,E.'n' t:) o V KILNS BEARINGS ARE ASTRONOMIC ASO ARE REFERRED TO THE WESTERLY LIMIT Of PART I AS SHOWN ON PLAN 11P1-331115 RAVING A / O O BEARING OF NOON 1i'E L Z -.247'0 2 LLI • >n o z A. 1- Q L>_1 �/ m N z O= LLI Z G' z O �' _I a • SO"' NP`it etNC, ,l 1 t Ott.'OF''' < I t4:1.° C NTN'' `� S E441W` NCE / fE (MN 1 A N4.10 COPY UNLE S! \ :UNLESS N xAl I © COPYRIGHT RIM HUSTED SURVEYING LTO. I KIM HUSTED SURVEYING LTD. ONTARIO LANG SURVEYOR 50 FOX ALLEY, TILLSONBWIG ONTARIO,NAG 5P4 PHONE 5I4-S42-1656 PROJECT 88.659 REFERENCE CORPORATION OF THE TOWNSHIP OF BAYHAM 13LA NV NO. 9K- .' A BY-LAW TO CONFIRM ALL ACTIONS OF THE COUNCIL OF THE CORPORATION OF THE TOWNSHIP OF BAYHAM AT THE REGULAR MEETING HELD APRIL 21ST, 1994 WHEREAS under Section 9 of the Municipal Act, R.S.O. 1990 Chapter M.45 the powers of a municipal corporation are to be exercised by the council of the municipality; AND WHEREAS under Section 101 of the Municipal Act the powers of council are to be exercised by by-law; AND WHEREAS the Council of the Corporation of the Township of Bayham deems it advisable that the proceedings of the meeting be confirmed and adopted by by-law. THEREFORE THE COUNCIL OF THE CORPORATION OF THE TOWNSHIP OF BAYHAM ENACTS AS FOLLOWS: 1 . THAT the action of the Council of the Corporation of the Township of Bayham in respect of each recommendation and each motion and resolution. passed and other action by the Council at its meeting held April 21st, 1994 is hereby adopted and confirmed as if all proceedings were expressly embodied in this by-law. 2. THAT the Reeve and Clerk of the Corporation of the Township of Bayham are hereby authorized and directed to do all things necessary to give effect to the action the Council including executing all documents and affixing the Corporate Seal. READ A FIRST AND SECOND TIME this 21st day of April, 1994. READ A THIRD TIME AND FINALLY PASSED this 21st day of April, 1994. , 1°///141615/11 REEVE CLERK • fi CORPORATION OF THE TOWNSHIP OF BAYHAM BY-LAW NO, 94-23 A BY-LAW TO CONFIRM ALL ACTIONS OF THE COUNCIL OF THE CORPORATION OF THE TOWNSHIP OF BAYHAM AT THE REGULAR MEETING HELD MAY 5TH, 1994 WHEREAS under Section 9 of the Municipal Act, R.S.O. 1990 Chapter M.45 the powers of a municipal corporation are to be exercised by the council of the municipality; AND WHEREAS under Section 101 of the Municipal Act the powers of council are to be exercised by by-law; AND WHEREAS the Council of the Corporation of the Township of Bayham deems it advisable that the proceedings of the meeting be confirmed and adopted by by-law. THEREFORE THE COUNCIL OF THE CORPORATION OF THE TOWNSHIP OF BAYHAM ENACTS AS FOLLOWS: 1. THAT the action of the Council of the Corporation of the Township of Bayham in • respect of each recommendation, and each motion and resolution passed and other action . by the .Council at its meeting held May 5th, 1994 is hereby adopted and confirmed as if all proceedings were expressly embodied in this by-law. 2. THAT the Reeve and Clerk of the Corporation of the Township of Bayham are hereby authorized and directed to do all things necessary to give effect to the action the Council including executing all documents and affixing the Corporate Seal. READ A FIRST AND SECOND TIME this 5th day of May, 1994. READ A THIRD TIME AND FINALLY PASSED this 5th day of May, 1994. OF/ REEVE CLERK CORPORATION OF THE TOWNSHIP OF BAYHAM BY-LAW NO. 94-24 A BY-LAW TO CONFIRM ALL ACTIONS OF THE COUNCIL OF THE CORPORATION OF THE TOWNSHIP OF BAYHAM AT THE REGULAR MEETING HELD MAY 19TH, 1994 WHEREAS under Section 9 of the Municipal Act, R.S.O. 1990 Chapter M.45 the powers of a municipal corporation are to be exercised by the council of the municipality; AND WHEREAS under Section 101 of the Municipal Act the powers of council are to be exercised by by-law; AND WHEREAS the Council of the Corporation of the Township of Bayham deems it advisable that the proceedings of the meeting be confirmed and adopted by by-law. THEREFORE THE COUNCIL OF THE CORPORATION OF THE TOWNSHIP OF BAYHAM ENACTS AS FOLLOWS: 1 . THAT the action of the Council of the Corporation of the Township of Bayham in respect of each recommendation and each motion and resolution passed and other action by the Council at its meeting held May 19th, 1994 is .hereby adopted and confirmed as if all proceedings were expressly embodied in this by-law. 2. THAT the Reeve and Clerk of the Corporation of the Township of Bayham are hereby authorized and directed to do all things necessary to give effect to the action the Council including executing all documents and affixing the Corporate Seal. READ A FIRST AND SECOND TIME this 19th day of May, 1994. READ A THIRD TIME AND FINALLY PASSED this 19th day of May, 1994. REEVE CLERK CORPORATION OF THE TOWNSHIP OF BAYHAM BY-LAW NO. 9425 BEING A BY-LAW TO AUTHORIZE THE REEVE AND CLERK TO ENTER INTO AN AGREEMENT WITH GREEN LANE ENVIRONMENTAL GROUP LTD. AND ST. THOMAS SANITARY COLLECTION SERVICE LIMITED FOR THE PROVISION OF WASTE MANAGEMENT SERVICES WHEREAS Section 210(89) of the Municipal Act R.S.O. 1990, Chapter M.45 permits Councils of municipalities to pass by-laws to enter into agreements for contracting with any person for the collection, removal and disposal of garbage; AND WHEREAS the Council of the Township of Bayham deems it necessary to enter into an Agreement with Green Lane Environmental Group Ltd. and St. Thomas Sanitary Collection Service Limited for the collection, removal and disposal of garbage and for the collection and processing of recyclable materials. THEREFORE THE COUNCIL OF THE CORPORATION OF THE TOWNSHIP OF BAYHAM ENACTS AS FOLLOWS. 1. THAT the Reeve and Clerk be and are hereby authorized to execute an Agreement with Green Lane Environmental Group Ltd. and St. Thomas Sanitary Collection Service Limited for-the provision of waste management services. 2. THAT the said Agreement is attached hereto as Schedule 'A' and forms a part of this by-law. 3. THAT this by-law shall come into full force and effect upon final passing. READ A FIRST AND SECOND TIME this 2nd day of JUNE 1994 READ A THIRD TIME AND FINALLY PASSED this 2nd day of JUNE 1994. /6/111114-ilig? REEVE CLERK THIS AGREEMENT made this 2na day of dune , 1994 . BETWEEN : THE CORPORATION OF THE TOWNSHIP OF BAYHAM hereinafter called the "MUNICIPALITY" , OF THE FIRST PART - and - GREEN LANE ENVIRONMENTAL GROUP LTD . and ST . THOMAS SANITARY COLLECTION SERVICE LIMITED hereinafter called the "CONTRACTOR" , OF THE SECOND PART WHEREAS the Contractor has been collecting waste within the territorial limits of the Municipality and transporting and disposing of the same ; AND WHEREAS this collection , transportation and disposal service was carried out pursuant to an Agreement dated January 1 , 1979 which Agreement was frustrated prior to the expiration of its term by reason of the closure in September of 1991 of the Contractor ' s Green Lane Landfill Site in the Township of Southwold; AND WHEREAS after the closure of the Green Lane Landfill Site the Contractor continued to provide collection, transportation and disposal service on an ad hoc basis pending authorization to re-open the Green Lane Landfill Site ; AND WHEREAS such service includes or is to include the curbside collection and separation of recyclables as part of a Class 1 curbside collection system under an agreement between the Ministry of the Environment and Energy and the Municipality , curbside collection of compostibles and the operation of a household hazardous waste depot ; AND WHEREAS the parties have agreed upon the terms and conditions under which the Contractor shall continue to provide the waste management services , as aforesaid, within the territorial limits of the Municipality and to augment such waste management services by receiving for disposal at the Green Lane Landfill Site brush and "one-mean" concrete rubble, asphalt and brick rubble and to further augment such waste management service with such on-going enhancements as may be negotiated between the parties during the term of this Agreement ; e:. 3 waxed papers ; cereals ; hair; egg shells ; and coffee grounds . 1 . 8 "dwelling unit" means one or more habitable rooms occupied by an individual or family as an independent and separate housekeeping establishment . 1 . 9 " force majeure" means an occurrence beyond the reasonable control of the party claiming suspension of an obligation hereunder, which has not been caused by such party ' s negligence and which such party was unable to prevent or provide against by the exercise of reasonable diligence at a reasonable cost and includes , without limiting the generality of the foregoing, an act of God, war, revolution, insurrection, blockage , riot , strike , a lockout or other industrial disturbance , fire , lightning, unusually severe weather , storms , floods , explosion, accident , shortage of labour or materials or government restraint , action , delay or inaction . 1 . 10 "garbage" includes all rejected, abandoned or discarded inert rubbish including recyclable hard plastic , plastic bags , waste kitchen wrappers , crockery , bones , oils , gravy, fats and waste cooked food; unused clothing; Christmas trees ; furniture ; fill ; broken plaster, treated lumber, and other non-recyclable material from building alterations or repairs where such waste results from alterations or repairs to a single family dwelling performed by the owner or occupant thereof . 1 . 11 "Green Lane Landfill Site" means that landfill waste disposal site located on Part of Lots 21 , 22 and 23 , Concession III , in the Township of Southwold, in the County of Elgin which is regulated under Provisional Certificate of Approval No . A051601 issued by the • Ontario Ministry of the Environment under the Environmental Protection Act R . S . O. 1990 , Chap . E . 19 , as amended. 1 . 12 "multiple dwelling" means a residential building which contains more than one ( 1 ) dwelling unit . 1 . 13 "Previous Agreement" means the above recited Agreement made between the parties hereto and dated January 1 , 1979 pursuant to which the Contractor previously - 4 - collected waste from within the territorial limits of the Municipality . 1 . 14 " recyclable material" includes all washed, rinsed and delabelled glass bottles , food cans and beverage cans ; uncontaminated newspapers , inserts , circulars , magazines , telephone directories , household and office papers and mail ; clean and flattened cardboard; and all plastic bottles with either a " 1 " or a " 2 " in a mobius loop on the bottle . 1 . 15 "residential building" means a building containing one ( 1 ) or more dwelling units which is located within the territorial limits of the Municipality . 1 . 16 - " school " means an elementary or secondary school located within the territorial limits of the Municipality that is under the jurisdiction of the Elgin County Board of Education or of the Elgin County Roman Catholic Separate School Board . 1 . 17 " single-family dwelling" means a residential building which contains not more than one ( 1 ) dwelling unit . 1 . 18 "waste" means all waste generated, produced or created within the territorial limits of the Municipality or by any facility owned and operated by or on behalf of the Municipality outside of such territorial limits and includes ashes and garbage so generated, produced or created but excludes : 1 . 18 . 1 compostible material ; 1 . 18 . 2 recyclable material ; 1 . 18 . 3 explosive or highly combustible material of any nature ; 1 . 18 . 4 car bodies ; 1 . 18 . 5 sheet iron and scrap metal ; 1 . 18 . 6 tree stumps and trees having a diameter greater than ten ( 10 " ) inches or a length greater than four ( 4 ' ) feet ; 1 . 18 . 7 any corrosive or toxic material ; 1 . 18 . 8 any carcasses of animals ; • 1 . 18 . 9 liquid waste ; 1 . 18 . 10 waste of any nature and kind as is now or may hereafter at any time be prohibited for disposal at the Green Lane Landfill Site by reason of any statute or regulation of the Province of Ontario now or hereafter enacted, promulgated or amended. - 5 - WORK TO BE PERFORMED AND FREQUENCY 2 . Commencing on the Commencement Date and ending on the fifth ( 5th) anniversary of the Commencement Date , the Contractor agrees to perform the following work: 2 . 1 The Contractor shall collect , transport and dispose of wastes in accordance with the terms and conditions of this Agreement and such service shall consist of the pick-up of the waste of each residential building and of each commercial business where : 2 . 1 . 1 the waste, in the case of a single-family dwelling , is placed adjacent to the travelled • - portion of the assumed public - street upon which such dwelling fronts ; or 2 . 1 . 2 the waste , in the case of a multiple dwelling with less than seven ( 7 ) dwelling units , is placed adjacent to the travelled portion of the assumed public street upon which it fronts or at such other readily accessible place as is designated by the Clerk; or 2 . 1 . 3 the waste , in the case of a commercial business , is placed adjacent to the travelled portion of the assumed public street upon which it fronts or adjacent to an accessible lane or alley servicing the premises ; or 2 . 1 . 4 the waste, in the case of a dwelling unit in a commercial building which has less than three ( 3 ) dwelling units , is placed adjacent to the travelled portion of the assumed public street upon which the commercial building fronts or adjacent to an accessible lane or alley servicing the commercial building; and where such waste : 2 . 1 . 5 is in a garbage can or cans with conveniently located handles , the volume of each of which is not more than two ( 2 ft' ) cubic feet and the weight or the waste in each can is not more than seventy-five ( 75 lbs ) pounds , or 2 . 1 . 6 is in a securely tied plastic bag or bags and the contents of each of such bags does not exceed two s , - 6 _ ( 2 ft' ) cubic feet in volume or seventy-five ( 75 lbs ) pounds in weight , or 2 . 1 . 7 is in a securely tied bundle or bundles , each of which is not heavier than seventy-five ( 75 lbs ) pounds and the longest dimension of which is not more than four ( 4 ft ) feet ; but , save as hereinafter provided, the Contractor shall not be required to collect hereunder , 2 . 1 . 8 from a multiple dwelling which contains seven ( 7 ) or more dwelling units , or 2 . 1 . 9 . . in the case of a multiple dwelling which contains less than seven ( 7 ) dwelling units , more than a total of six ( 6 ) of such cans , bags or bundles per dwelling unit therein per pick-up , or 2 . 1 . 10 from a multiple dwelling development on property under common ownership which has seven ( 7 ) or more dwelling units unless they all front on an assumed public street , or 2 . 1 . 11 in the case of a multiple dwelling development which has less than seven ( 7 ) dwelling units on property under common ownership or which has dwelling units which all front on an assumed public street , more than a total of six ( 6 ) of such cans , bags or bundles per dwelling unit therein per pick-up, or 2 . 1 . 12 from a dwelling unit in a commercial building which has seven ( 7 ) or more dwelling units , or 2 . 1 . 13 in the case of a commercial building which has less than seven ( 7 ) dwelling units , more than a total of six ( 6 ) of such cans , bags or bundles per dwelling unit therein per pick-up, or 2 . 1 . 14 in the case of each commercial business , more than a total of fourteen ( 14 ) of such cans , bags or bundles per pick-up, or 2 . 1 . 15 in the case of each single-family dwelling, more than a total of six ( 6 ) of such cans , bags or bundles per pick-up; 7 and such service shall be provided to each residential building and to each commercial business once every two ( 2 ) weeks during the term of this Agreement . 2 . 2 The Contractor shall carry out a class 1 Blue Box curbside collection programme having regard for the Blue Box Agreement and shall collect , transport , process and market recyclable materials so collected and the following provisions shall apply to that class 1 Blue Box curbside collection programme : 2 . 2 . 1 In carrying out the said class 1 Blue Box curbside collection programme , the Contractor shall include in the collection programme the collection of recyclable material from multiple dwellings having more than seven ( 7 ) dwelling units , notwithstanding that the Contractor is not required to collect , transport and dispose of waste from such multiple dwellings pursuant to paragraph 2 . 1 of this Agreement . 2 . 2 . 2 The said class 1 Blue Box curbside collection of recyclable material will occur on the same day as regular garbage collection "beats " on a bi-weekly basis , with the collection of compostibles occurring bi-weekly in the off week when regular garbage collection does not occur . 2 . 2 . 3 When collecting waste from commercial businesses as required by paragraph 2 . 1 of this Agreement , the Contractor will also collect without any additional charge to the Municipality or to the commercial business all recyclable material which has been placed for collection in accordance with said paragraph 2 . 1 . 2 . 3 rhe Contractor shall cooperate with the Municipality in any initiative which the Municipality may take to encourage the segregation of waste for separate pick-up and , in that connection , refrain from collecting for transportation and disposal such wastes as the Clerk may designate in writing from time to time notwithstanding that the Contractor is otherwise required to collect the same pursuant to paragraph 2 of this Agreement . - 8 - 2 . 4 Upon the written request of the Clerk , and after settling a mutually acceptable additional charge for doing so, the Contractor shall , collect for transportation and disposal wastes that have been segregated for separate pick-up as contemplated in paragraph 2 . 3 of this Agreement . 2 . 5 The Contractor shall cooperate with the Municipality in any initiative which the Municipality may take to encourage industry and commercial operations to segregate and recycle waste , including assisting the Municipality to identify generators of wastes which, if separated, could be recovered and recycled. PAYMENT OF ANNUAL CONTRACT PRICE 3 . For the performance of the work required by this Agreement , the parties agree that , subject to increases or decreases as provided for in this Agreement , the Contractor shall be paid therefor as follows : 3 . 1 The Municipality agrees to pay the Contractor during the term of this Agreement at the rate of $ 105 . 00 per household times ( x ) the number of households in the Municipality per year and being in the first year of this Agreement the sum of ONE HUNDRED AND FIFTY-ONE THOUSAND, SIX HUNDRED AND TWENTY ( $ 151 , 620 . 00 ) DOLLARS per year but such annual contract price shall be increased or decreased at the end of each contract year of the term of this Agreement by an amount calculated in accordance with the following formula: Latest CPI - May 1993 CPI Latest Population - 1992 Population $151,620.00 a May 1991 CPI 1992 Population and for the purposes of this paragraph 3 . 1 , 3 . 1 . 1 "Latest CPI " and "Latest Consumer Price Index" means the "all items " Consumer Price Index ( 1986 w 100 ) for December of the year of the calculation as published by Statistics Act ; 3 . 1 . 2 "Latest population* means the number of households within the territorial limits of the Municipality as established by the local regional assessment office of the Ministry of Revenue as delivered to • 4 0 _ 4 _ the Municipality on the first day of November in the year preceding the year to which the calculation relates unless the population for such preceding year is not so established in which case the population shall be estimated on a reasonable basis by the Municipality ' s Clerk having regard to the population for the preceding five ( 5 ) years and any extraordinary circumstances such as an annexation or a significant immigration to or emigration of persons residing within the territorial limits of the Municipality; • ' 3 . 1 . 3= " 1992 Population" means the population residing within the territorial limits of the Municipality as established by the said Ministry as delivered to the Municipality as of November 1 , 1992 ; 3 . 1 .4 The parties agree that the Consumer Price Index for May of 1993 was 130 . 1 and that the population as of November 1 , 1992 was ONE THOUSAND, FOUR HUNDRED AND FORTY-FOUR ( 1 , 444 ) households ; and 3 . 2 During the first year of the term of this Agreement , the Municipality shall pay the Contractor the sum of TWELVE THOUSAND, SIX HUNDRED AND THIRTY-FIVE ( $12 , 635 . 00 ) DOLLARS on the Fifteenth ( 15th) day of each month . In addition, there shall be paid to the Contractor, on or before the fifteenth ( 15`h) day of the third month of the second year of this Agreement, the amount by which the annual contract price calculated pursuant paragraph 3 . 1 for the first year exceeds the sums of money actually paid in the first year . If the payments made in the first year exceed the annual contract price, the amount of such excess shall be deducted from the payment due to the Contractor in the third month of the second year . 3 . 3 During the second year of this Agreement , the Municipality shall pay to the Contractor : 3 . 3 . 1 On the fifteenth ( 15") days of the first two ( 2 ) months of the second year, one twelfth ( 1/12 ) of the annual contract price; and 3 . 3 . 2 On the fifteenth ( 15") day of each month for the balance of the second year , an amount equal to one - 10 - twelfth ( 1 / 12 ) of the annual contract price payable during the first year ; and 3 . 3 . 3 On the fifteenth ( 15`h) day of the third month of the second year , a payment of twice the amount , if any , by which the monthly payments in paragraph 3 . 3 . 2 exceed the monthly payments in paragraph 3 . 3 . 1 . In addition , the Municipality shall pay to the Contractor on or before the fifteenth ( 15«) day of the third month of the third year the amount by which the annual contract price calculated pursuant to *paragraph 3 . 1 for the second year exceeds the sums of money actually paid in the second year . If the payments made in the second year exceed the annual contract price calculated pursuant to paragraph 3 . 1 for the second year, the amount of such excess shall be deducted from the payment due to the Contractor in the third month of the third year. 3 . 4 The payments for the third, fourth and fifth years of the term of this Agreement shall be made in accordance with paragraph 3 . 3 , mutatis mutandus . 3 . 5 Before making any payment for the work to be performed pursuant to this Agreement , the Municipality may require the Contractor to satisfy the Municipality that all claims against the Contractor for labour, materials , things hired or supplied upon or for such work, have been paid or satisfied, or if any such valid claims are found to exist , may pay such sum and the Contractor shall reimburse the Municipality for such payment within two days , or the Municipality may, at its option, withhold from the payment due, sufficient amounts to satisfy such valid claim or claims . CONTRACTORS ' COVENANTS 4 . The Contractor covenants and agrees with the Municipality as follows : 4 . 1 The Contractor shall , at its expense, provide sufficient personnel , trucks and equipment to collect , transport and dispose of all waste , compostible material and recyclable materials required to be collected by it pursuant to this Agreement . - 11 - 4 , 2 In collecting and transporting such waste , compostible material and recyclable materials , the Contractor shall , at its expense , use trucks mounted on an adequate chassis and provided with fully enclosed steel bodies with machinery capable of packing and unloading such material . 4 . 3 The Contractor shall , at its expense , be responsible for the maintenance and repair and all operating costs of the trucks and equipment used in collecting, transporting and disposing of such waste , compostible material and recyclable materials , including the necessary licenses , insurance and fuel . 4 . 4 The Contractor shall , at its expense , maintain all trucks and equipment used in collecting or transporting such waste , compostible material and recyclable materials in a clean condition . 4 . 5 The Contractor shall , at its expense , ensure that each of its employees has a neat and clean appearance while collecting or transporting waste, compostible material and recyclable materials within the territorial limits of the Municipality. 4 . 6 The Contractor shall, at its expense , submit to the Clerk for his or her approval , a complete programme for the bi-weekly collection and transportation of waste , compostible material and recyclable materials throughout the territorial limits of the Municipality in a manner consistent with the recycling programmes referred to in paragraph 2 of this Agreement . 4 . 7 The Contractor shall , at its expense , obtain the approval of the Clerk for all changes in the collection schedule prior to making any changes . 4 . 8 The Contractor shall , at its expense , advertise all changes in schedules approved by the Clerk in a newspaper having general circulation within the territorial limits of the Municipality. • 4 . 9 The Contractor shall , at its expense , make all collections which fall on statutory holidays on the following day or at another time satisfactory to the Clerk. { • I - 12 - 4 . 10 The Contractor shall , at its expense , make any special collection required by the Municipality upon mutually agreed to terms and conditions . 4 . 11 The Contractor shall , at its expense , return each garbage can , Blue Box and compost container to the place where it was found after collecting the material from it . 4 . 12 The Contractor shall , at its expense , pay for any damage caused by the Contractor or by its servants or workmen to any garbage can or Blue Box or compost container in which material is placed for pick-up pursuant, to this Agreement . - 4 . 13 The Contractor shall , at its -expense , . operate during the term of this Agreement its existing transfer station site on Highway 19 , in the South part of Lot 16 , Concession 5 , in the Township of Bayham ( being PARTS 1 and 2 , on Reference Plan 11R-3883 ) which will include a roll off recycling depot , a scrap steel container and two containers for wood chips from old lumber , garden waste , wax paper cartons and similar material and the following provisions shall apply in relation to the transfer station : 4 . 13 . 1 The Contractor shall accept for disposal all waste , except concrete rubble , brought to such transfer station on Mondays , Wednesdays and Fridays of each week during the term of this Agreement , except statutory holidays , between the hours of 8 : 00 a .m. and 5 : 00 p .m. and , subject to any different arrangement which may be mutually agreed upon with the Clerk . 4 . 13 . 2 Charges to be paid by the Municipality to the Contractor for such disposal from the transfer station shall be at the rate of SIXTY--FIVE ( $65 . 00 ) DOLLARS per ton or part thereof which disposal charges are to be shared with The Corporation of the Village of Port Burwell ( hereinafter referred to as the "Village of Port Burwell" ) and The Corporation of the Village of Vienna ( hereinafter referred to as the "Village of Vienna" ) in the same proportion as the number of households in their respective municipalities in 1992 ; and commencing on the first anniversary of the Commencement Date and on each anniversary date - 13 - thereafter , the rate prescribed in this paragraph 4 . 13 . 2 shall be either increased or decreased and rounded to the nearest five ( 5 ) cents in the same proportion and in accordance with the same calculation by which the annual contract price is adjusted in accordance with paragraph 3 . 1 of this Agreement but before the Contractor may implement any increase , the Contractor shall give to the Municipality at least thirty ( 30 ) days ' prior written notice thereof . 4 . 13 . 3 For the purposes of the sharing of the disposal charges as contemplated in paragraph 4 . 13 . 2 , the apportionment thereof shall be based on the 1992 number of households in each municipality which the parties agree are as follows : Bayham Township 1 , 444 households Village of Port Burwell 431 households Village of Vienna 163 households ; so that the Municipality shall pay to the Contractor 71% of the per ton disposal charge for all waste received at such transfer station and the Contractor will look to the Village of Port Burwell for a 21% portion of each per ton disposal charge and to the Village of Vienna for an 8% portion of each per ton disposal charge . 4 . 13 . 4 The Contractor shall , at its expense , remove the waste placed in such transfer station , daily , but if the removal on that basis is insufficient to normally accommodate such waste , the Contractor shall provide a larger or additional containers or remove the contents more frequently . 4 . 14 The Contractor shall , at its expense , operate in conjunction with its transfer station located on Highway 19 , in the South part of Lot 16 , Concession 5 , in the Township of Bayham ( being PARTS 1 and 2 , on Reference Plan 11R-3883 ) Southwold Street in the Township of Yarmouth a household hazardous waste depot both under the authority of and in accordance with the Certificate of Approval and also under the authority of and in accordance with Certificate of Approval No . A051708 issued to the Municipality under the Environmental Protection Act R. S . O . 1990 , Chap . E . 19 , - 14 - as amended , and the following provisions shall apply to the operation of such household hazardous waste depot : 4 . 14 . 1 The Contractor shall operate the household hazardous waste depot and provide the services of a qualified , trained receiver of hazardous waste on a Monday and Tuesday in May of each year during the term of this Agreement , which Monday and Tuesday shall be determined by agreement between the Contractor and the Clerk and the dates of which will be adequately announced , between the hours of 8 : 00 a . m. and 12 : 00 p . m. , subject to any different arrangement which may be mutually agreed upon with the Clerk . 4 . 15 The Contractor shall accept for disposal at the Green Lane Landfill Site , all waste from the Municipality ' s present and future operations , including building demolition materials , if lawfully permitted for disposal at the Green Lane Landfill Site , for a charge by the Contractor to the Municipality for such disposal service at the rate of SIXTY-FIVE ( $65 . 00 ) DOLLARS per ton or part thereof ; and commencing on the first anniversary of the Commencement Date and on each anniversary date thereafter , the rate prescribed in this paragraph 4 . 15 shall be either increased or decreased and rounded to the nearest five ( 5 ) cents in the same proportion and in accordance with the same calculation by which the annual contract price is adjusted in accordance with paragraph 3 . 1 of this Agreement but before the Contractor may implement any increase , the Contractor shall give to the Municipality at least thirty ( 30 ) days ' prior written notice thereof . 4 . 16 Notwithstanding the charges contemplated by paragraph 4 . 15 , without charge to the Municipality , the Contractor will accept for chipping at the transfer station referred to paragraph 4 . 13 all yard waste , brush and tree cuttings from the Municipality ' s present and future operations so long as the same are delivered to the said transfer station between the hours of 8 : 00 a . m. and 4 : 00 p .m. on Mondays through Saturdays , except statutory holidays , or such other times as may be mutually agreed upon with the Clerk . b - 15 4 . 17 The Contractor shall , at its expense , transport , process , market and dispose of all material collected by the Contractor in accordance with this Agreement . 4 . 18 The Contractor shall ensure that someone in the Contractor ' s employ who is satisfactory to the Clerk will be available to receive instructions from those designated by the Municipality and to receive all complaints and that such person will take appropriate action in respect of such instruction or complaints in keeping with the terms of this Agreement . 4 . 19 The Contractor shall , at its expense , ensure that all work and things required to be done by it under this Agreement shall be supervised by it and performed in a manner satisfactory to the Municipality . 4 . 20 The Contractor shall render reasonable assistance to the Municipality in completing authorized governmental questionnaires by providing such information as is reasonably available to the Contractor concerning the collection, transportation and disposal of waste pursuant to this Agreement . 4 . 21 The Contractor shall , at its expense , comply with all provincial statutes and regulations in the collection , transportation and disposal of waste collected within the territorial limits of the Municipality . 4 . 22 The Contractor shall upon written request , collect , transport and dispose of waste and recyclable material and compostible material in excess of the amount for which collection service is provided under this Agreement for a charge not to exceed those specified in paragraph 6 of this Agreement for such service . 4 . 23 The Contractor shall accept for disposal at a disposal rate not exceeding SIXTY-FIVE ( $65 . 00 ) DOLLARS per ton or part thereof waste generated by an industry located within the territorial limits of the Municipality provided that such waste 4 . 23 . 1 is brought to the Green Lane Landfill Site in a suitable vehicle and in loads of not less than ten ( 10 yd' ) cubic yards or three ( 3 ) tons , which ever is less , and ti - 16 - 4 . 23 . 2 is produced within the territorial limits of the Municipality ; and commencing on the first anniversary of the Commencement Date and on each anniversary date thereafter , the rate prescribed in this paragraph 4 . 23 shall be either increased or decreased and rounded to the nearest five ( 50 ) cents in the same proportion and in accordance with the same calculation by which the annual contract price is adjusted in accordance with paragraph 3 . 1 of this Agreement but before the Contractor may implement any increase , the Contractor shall give to the Municipality at least thirty ( 30 ) days ' prior written notice thereof . CONTRACTOR COVENANTS 5 . The Contractor covenants and agrees that , in providing such collection , transportation and disposal service , it shall not : 5 . 1 use open bodied vehicles for transferring or transporting garbage within the territorial limits of the Municipality ; 5 . 2 permit advertising of any kind on any of its trucks and equipment except the name of the Contractor or its trade name or its address ; 5 . 3 make any collection on Sundays or on Christmas and New Years days ; or 5 . 4 make any charge for such collection, transportation and disposal of waste , except as provided in this Agreement . ADDITIONAL CHARGES 6 . The parties further agree as follows : 6 . 1 where , during the term of this Agreement , a person or corporation , from whom, in accordance with paragraph 2 of this Agreement , the Contractor is required to collect waste , has waste in excess of that so required to be collected, the Contractor shall not charge in excess of TWENTY-ONE ( $21 . 00 ) DOLLARS per cubic yard or part thereof to collect , transport and dispose of such excess and such rate shall apply whether or not the - 17 - Contractor provides a waste disposal container to facilitate the collection of the waste ; 6 . 2 where , during the term of this Agreement , a commercial business from which , in accordance with paragraph 2 of this Agreement , the Contractor is required to collect waste or recyclable material or compostible material , has waste , recyclable material or compostible material in excess of that so required to be collected by the Contractor under this Agreement , the Contractor shall provide for the handling of such excess upon the occupant of such commercial business premises executing an agreement in substantially the form of that attached hereto and marked as Schedule "A" to this Agreement ; 6 . 3 where the Contractor on request places a waste disposal container within the territorial limits of the Municipality or at any facility owned and operated by or on behalf of the Municipality outside the territorial limits of the Municipality , the charge for the use of such container and for the disposal of the waste collected in it shall , during the term of this Agreement , not exceed, without the consent by resolution of the Council of the Municipality , the rates set forth in Schedule "B" to this Agreement ; and where a person or corporation from whom, in accordance with paragraph 2 of this Agreement , the Contractor is required to collect waste , contracts with the Contractor for such a waste disposal container and does not use the collection service as provided in paragraph 2 of this Agreement , then the maximum rates set forth in Schedule "B" to this Agreement shall be reduced by ten ( 10% ) percent of the rate charged for one weekly pick-up of such containers ; 6 . 4 commencing on the first anniversary of the Commencement Date and on each anniversary date thereafter , the rates prescribed in clauses 6 . 1 and 6 . 3 of this Agreement and in the commercial business agreements entered into as contemplated in clause 6 . 2 shall be either increased or decreased and rounded to the nearest five ( 5 ) cents in the same proportion and in accordance with the same calculation by which the annual contract price is adjusted in accordance with paragraph 3 . 1 of this Agreement but before the Contractor may implement any increase , the Contractor shall give to the Municipality at least thirty ( 30 ) days ' prior written notice thereof . } - 18 - WORKER ' S COMPENSATION 7 . The Contractor shall at all times pay or cause to be paid any assessment or compensation required to be paid pursuant to the Worker ' s Compensation Act , and upon failure to do so , the Municipality may pay such assessment or compensation to the Worker ' s Compensation Board and may thereafter deduct such sums from any moneys then payable to the Contractor or recover such sums from the Contractor . The Contractor shall , at the time of the execution of this Agreement with the Municipality , make a statutory declaration that all assessments have been paid and the Municipality may , at any time during the performance or upon the completion of this Agreement , require a further declaration that such assessments or compensation have been paid . INSURANCE 8 . Upon the execution of this Agreement , the Contractor shall provide the Municipality at the Contractor ' s expense with 8 . 1 a policy from an insurance company approved by the Municipality and authorized to carry on business in Canada which policy shall 8 . 1 . 1 name the Contractor and the Municipality as insured , 8 . 1 . 2 insure the Contractor and the Municipality against all claims and demands resulting from or in any way connected with the execution of this Agreement by the Contractor , and 8 . 1 . 3 have an inclusive limit at least equal to two million ( $2 , 000 , 000 . 00 ) dollars and which policy shall remain in force during the term of this Agreement ; 8 . 2 a policy from an insurance company approved by the Municipality and authorized to carry on business in Canada which policy shall 8 . 2 . 1 insure the Contractor against liability from bodily injury and property damage caused by vehicles owned by the Contractor and used in connection with the work required to be performed pursuant to this Agreement and against liability - 19 - for bodily injury and property damage caused by vehicles not owned by the Contractor but used in connection with such work, and 8 . 2 . 2 have an inclusive limit of at least two million ( $2 , 000 , 000 . 00 ) dollars and which policy shall remain in force during the term of this Agreement . INDEMNIFICATION OF MUNICIPALITY 9 . The Contractor covenants and agrees to indemnify and save harmless the Municipality and each of its officers , servants and agents from and against all actions , suits , claims , executions and demands which may be brought against or made upon the Municipality , its officers , servants and agents and from all losses , costs , charges , damages , liens and expenses which may be paid, sustained, or incurred by the Municipality , its officers , servants and agents by reason of or on account of or in consequence of the execution and performance of the work or the non-execution or imperfect execution and performance thereof or of a supplier , and or non-supply of plant or material therefor ; and the Contractor covenants and agrees to pay to the Municipality on demand, all such losses and costs , charges , damages , liens or expenses which may be paid, sustained or incurred by the Municipality or by any of its officers , servants or agents in consequence of any such action, suit , claim, lien , execution or demand, and any moneys paid or payable by the Municipality or any of its officers , servants or agents in discharge thereof or on account thereof ; and the Contractor covenants and agrees that in default of such payment all such losses and costs , charges , damages , liens and expenses , and any moneys so paid or payable by the Municipality , its officers , servants , or agents , and also any moneys payable by the Contractor under any of the terms and conditions of this Agreement may be deducted from any moneys of the Contractor then remaining in the possession of the Municipality on account of this or any other contract or may be recovered from the Contractor; and the Municipality hereby authorizes and empowers the Contractor or its Solicitors for the time being to defend, settle or compromise any such actions , suits , claims , liens , executions or demands as the Contractor , or its Solicitors may deem expedient, and also hereby agrees to ratify and confirm all the acts of the Contractor and its Solicitors in that behalf , provided that if the Contractor does not take up such defence and pursue it with diligence , then , upon notice to the Contractor, the Municipality may defend and, - 20 - in such circumstances , the Contractor hereby authorizes and empowers the Municipality or its Solicitor for the time being, to defend , settle or compromise any such actions , suits claims , liens , executions or demands as the Municipality or its said Solicitor may deem expedient , and also hereby agrees to ratify and confirm all acts of the Municipality or its Solicitor in that behalf and to pay the said Solicitor on demand his reasonable cost of defending , settling or compromising any such actions , suits , claims , liens , executions or demands as the Municipality may deem it expedient to defend , settle or compromise , and in default of such payment , the same may be deducted from any moneys payable by the Municipality to the Contractor on any account whatsoever . DEFAULT 10 . If the Contractor shall neglect or refuse to do any of the works herein required to be performed by it , or if it becomes bankrupt or insolvent , or compounds with its creditors , or commits any act of bankruptcy or shall transfer , assign , or sublet or attempt to transfer , assign or sublet this Agreement , or any part thereof , or any rights thereunder without the consent of the Municipality ; or if at any time such work, or any part thereof is , in the judgment of the Council of the Municipality , not executed or not being executed in a sound and workmanlike manner to its satisfaction and in all respects in strict conformity with this Agreement , or if the Contractor shall refuse or neglect to alter any defective or unsatisfactory work, or to comply with any order which it might receive from the Council of the Municipality, or if the Contractor shall persist in the Breach of any of the provisions of this Agreement , then , and in each and every such case , after twenty-four ( 24 ) hours written notice from the Council of the Municipality to the Contractor , the Council of the Municipality shall have the full right and power , at its discretion, without process or action at law, to take the whole of such work, or any parts thereof specified in the said notice , out of the hands of the Contractor and the Contractor, upon receiving notice to that effect shall give up the said work, or the part or parts thereof specified in the said notice , peaceably to the Municipality , which may either re-let the same to any other person or persons with or without its being previously advertised or may employ workmen and provide materials , tools , transportation and all other necessary things at the expense of the Contractor , or may take such other steps as it , the Municipality, may consider necessary or advisable in L I/� 2 1 order to secure the completion of the said work, to the Municipality ' s satisfaction ; and the Contractor in every case shall be liable for all damages , expenditures , and extra expenditures for all additional cost of such work which may be incurred by reasons thereof , and the same may be deducted from any moneys owing to the Contractor or may be collected from the Contractor by the Municipality . The fulfilment by the Contractor of any provision of this Agreement may be enforced by legal proceedings and judgment , or order of a Court , without prejudice to any other remedy herein contained . When such work, or any part thereof , is taken out of the hands of the Contractor as herein provided, it shall in no way affect the relative obligations of the Municipality and the Contractor in respect of its obligation , or in respect of the remainder of such work, if any . If any balance of the money payable by the Municipality hereunder , shall remain in the hands of the Municipality upon the expiration of this Agreement , the same shall be payable to the Contractor or the person legally representing it ; but neither the Municipality nor any officer thereof shall be liable or accountable to the Contractor in any way for the manner in which , or at the price at which the said work , or any portion thereof may have been or may be done or completed by the Clerk . Payment for any portion of the work called for by the Contractor , shall not be deemed to be a waiver by the Municipality of the right to abrogate this Agreement for abandonment , delay or any other reason hereinbefore provided . NOTICE TO CONTRACTOR 11 . Any notice or communication to the Contractor shall be deemed to be well and sufficiently given and served if handed to any officer , clerk or agent of the Contractor , or if mailed to the Contractor by prepaid registered mail addressed to it at Green Lane Environmental Group Ltd . and St . Thomas Sanitary Collection Service Limited, Post Office Box P . O . Box 589 , St . THOMAS , Ontario N5P 4B1 or to such other address as may hereafter be specified . Where notice is given by registered mail , it shall be deemed to have been received on the fourth ( 4th) business day after it is mailed unless postal employees at the point of mailing or at the point of delivery are on strike at any time during - 22 - the four business days following the time of mailing in which event it shall be effective when delivered to the addressee . In any notice to the Contractor in respect of any work of any nature required to be done under any of the provisions of this Agreement , or of any other matter, it shall not be obligatory upon the Municipality to specify minutely or in detail everything required , nor as to the precise place or places where the work may be defective or faulty , or where any of the requirements of this Agreement have not been observed ; but a reference in such notice to the clause or clauses bearing upon the matter and a description of the locality in general terms and sufficiently clear to indicate where the defect or trouble exists , shall be deemed to be and shall be ample notice . OVERHOLDING 12 . At any time prior to the expiration of the five ( 5 ) year term of this Agreement , either party may give notice to the other that it desires to enter into negotiations for a renewal of this Agreement upon such terms and conditions as may be agreed upon . Until such renewal has been settled, notwithstanding the expiration of the five ( 5 ) year term of this Agreement , if and so long thereafter as the Green Lane Landfill Site remains eligible to receive for disposal waste that is generated from within the territorial limits of the Municipality , the terms and conditions of this Agreement shall continue with all appropriate adjustments of language and to the annual contract price as may be required . If a renewal has not been settled by the time of the expiration of the term of this Agreement , thereafter either party may terminate the continuation of this Agreement by giving to the other party six ( 6 ) months ' notice to that effect . ASSIGNING 13 . The Contractor shall keep the work under its direct control , and shall not assign , transfer or sublet any portion without first obtaining the written consent of the Municipality . The consent of the Municipality to any such assignment , transfer or subletting shall not , however , relieve the Contractor of any responsibility for the proper execution and completion of the work according to the terms and conditions of this Agreement ; and the Contractor shall either in person or through an accredited agent , receive all notices , communications , orders , instructions or legal service , as if it were performing the work with its own plant and its own men . - 23 - INVALIDITY 14 . The invalidity of any particular provision of this Agreement shall not affect any other provision of it , but this Agreement shall be construed as if the invalid provision had been omitted . FORCE MAJEURE 15 . The parties further agree as follows : 15 . 1 if any party is prevented by force majeure from fulfilling any obligations hereunder , the obligations of the party, in so far only as its obligations are affected by the force majeure , shall be suspended while the force majeure continues to prevent the performance of such obligation and for that time thereafter as that party may reasonably require to commence to fulfil such obligation . A party prevented from fulfilling any obligation by force majeure shall promptly give the other party notice of the force majeure and the affected obligations , including reasonably full particulars in respect thereof ; 15 . 2 the party claiming suspension of an obligation as aforesaid shall promptly remedy the cause and effect of the applicable force majeure , in so far as it is reasonably able to do so , and such party shall promptly give the other party notice when the force majeure ceases to prevent the performance of the applicable obligation . However, the terms of settlement of any strike , lockout or other industrial disturbance shall be wholly in the discretion of such party, notwithstanding subparagraph 1 . 9 of this Agreement , and that party shall not be required to accede to the demands of its opponents in any strike , lockout or industrial disturbance solely to remedy promptly the force majeure thereby constituted; and 15 . 3 notwithstanding anything contained in this paragraph 15 , lack of finances shall not be considered a force majeure , nor shall any force majeure suspend any obligation for the payment of money due hereunder . ENTIRE AGREEMENT 16 . This Agreement constitutes the entire understanding , contract and agreement between the parties hereto and S - 24 - supersedes all prior oral or written undertakings , agreements or contracts , formal or informal between the parties hereto or their respective representatives with respect to the collection , transportation , processing , marketing and disposing of waste that is generated from within the territorial limits of the Municipality , including , without limiting the generality of the foregoing , the Previous Agreement . HEADINGS 17 . The headings to the paragraphs of this Agreement are for convenience only and are not to be considered a part of this Agreement and do not in any way limit or amplify the terms and conditions of this Agreement . IN WITNESS WHEREOF the Corporate Seals of the parties hereto have been hereunto affixed and attested to by the hands of their respective proper signing officers . SIGNED, SEALED AND DELIVERED ) THE CORPORATION OF THE in the p sence of : ) TOWNSHIP OF BAYHAM yilLif7r10.42- ) Per : e.Fiedf:41;.-27 Execution and delivery by ) Reeve The Corporation of the ) f 141/46,1/ Township of Bayham ) / ' authorized by By-Law ) Per : No . 94-25 the 2nd day of ) Cler June, 1994 ) ) GREEN LANE ENVIRONMENTAL ) GROUP LTD . ) , 7) ) Per : r/ -4e7 ) President ST . THOMAS SANITARY ) COLLECTION SERVICE LIMITED ) Z‘2,,;4. ) �,,-� Per : ) President - 25 - SCHEDULE "A" TO THIS AGREEMENT made this day of , 1994 . BETWEEN : THE CORPORATION OF THE TOWNSHIP OF BAYHAM hereinafter called the "MUNICIPALITY" , OF THE FIRST PART - and - GREEN LANE ENVIRONMENTAL GROUP LTD . and ST . THOMAS SANITARY COLLECTION SERVICE LIMITED hereinafter called the "CONTRACTOR" , OF THE SECOND PART FORM OF AGREEMENT FOR COMMERCIAL BUSINESS THIS AGREEMENT made in duplicate this day of , 199= BETWEEN : GREEN LANE ENVIRONMENTAL GROUP LTD . hereinafter called the "CONTRACTOR" , OF THE FIRST PART - and - hereinafter called the "OCCUPANT" OF THE SECOND PART WHEREAS the Occupant owns or occupies the premises municipally known in the Municipality as and has waste for disposal ; AND WHEREAS the Contractor is under contract with Municipality to collect certain quantities of waste , recyclable material and compostible material from each commercial business within the territorial limits of the Municipality by virtue of an Agreement dated the day of , 199= ( hereinafter referred to as the "Agreement" ) which Agreement is available for inspection in the Office of the Clerk of the Municipality; A - 26 - AND WHEREAS the Occupant has waste , recyclable material or compostible material in quantities that exceed the quantities required by the Agreement to be handled by the Contractor ; AND WHEREAS the Contractor has agreed to collect such excess waste , recyclable material and compostible material quantities upon and subject to the terms and conditions contained herein . NOW THEREFORE THIS AGREEMENT WITNESSETH that in consideration of the mutual covenants contained herein , the parties hereto covenant and agree as follows : 1 . The parties agree that the above-named premises constitute a commercial business within the meaning of the Agreement and that the maximum waste required to be removed by the Contractor every second week under the terms of the Agreement is twenty-seven ( 27 ft3 ) cubic feet together with one ( 1 ) Blue Box of recyclable material and that the maximum quantity of compostible material required to be removed by the Contractor under the terms of the Agreement every second week is sixty-four ( 64 gal . ) gallons and that the Occupant ' s waste , recyclable material and compostible material quantities are in excess of such maximums . 2 . The Contractor agrees to provide , at or in the vicinity of the above-named premises , additional Blue Boxes and additional waste and compostible collection containers for the use of the Occupant and to maintain such containers in good working order and to remove the contents so often as may be necessary to permit the use thereof by the Occupant at all times . 3 . The Occupant will abide by all of the Contractor ' s rules and regulations concerning the use of such containers ; and in the event of a dispute between the parties to this Agreement as to the Contractor ' s rules and regulations and their application to the Occupant and to the above-named premises , the Clerk of the Municipality shall , after receiving written submissions from the parties , resolve the dispute . 4 . The Occupant agrees to pay to the Contractor a charge for the use of such containers as follows : 4 . 1 $ 15 . 00 for each additional stop for the collection of recyclable material from Blue Box ( s ) and for each additional stop for the collection of compostible material from 240 litre ( 64 gallon) ventilated compost container/cart ( s ) ; PLUS . 27 - 4 . 2 $8 . 00 for each cubic yard or part thereof of additional waste quantities , recyclable material quantities and compostible material quantities placed for disposal in a waste container , a Blue Box or a ventilated compost container/cart , as the case may be . 5 . The parties agree that separate arrangements may be negotiated in the event there are large volumes of waste , recyclable material or compostible material to be handled at the above-names premises . 6 . The above charges for the handling of excess waste , recyclable material and compostible material shall apply until January 1995 and on that date such charges shall be either increased or decreased and rounded to the nearest five ( 5C ) cents in the same proportion as and in accordance with the same calculation by which the annual contract price to the Municipality is adjusted in accordance with paragraph 3 . 1 of the Agreement and on January 1°t , of each ensuing year during the terms of the Agreement such rate will be similarly adjusted with respect to such ensuing year . Notwithstanding the foregoing, the Contractor may waive any increase . 7 . This Agreement may be terminated at any time by either party upon thirty ( 30 ) days notice in writing by prepaid registered mail addressed to the Occupant at the address set f rth above and to the Contractor at P . O . Box 589 , ST . THOMAS , Ontario N5P 4B1 . IN WITNESS WHEREOF the Contractor has hereunto affixed his Corporate Seal over the hands of its proper officers duly authorized in that behalf and the Occupant has hereunto set his hand and seal . SIGNED , SEALED AND DELIVERED ) GREEN LANE ENVIRONMENTAL in the presence of : ) GROUP LTD . ) ) Per : ) ) (Name of Occupant in full ) (Witness to signature of ) Occupant ) ) ) ( signature of Occupant ) - 28 - SCHEDULE "B" to THIS AGREEMENT made this day of , 1994 . BETWEEN : THE CORPORATION OF THE TOWNSHIP OF BAYHAM hereinafter called the "MUNICIPALITY" , OF THE FIRST PART - and - GREEN LANE ENVIRONMENTAL GROUP LTD . and ST . THOMAS SANITARY COLLECTION SERVICE LIMITED hereinafter called the "CONTRACTOR" , OF THE SECOND PART MAXIMUM CONTAINER SERVICE RATES FRONT-END CONTAINER SERVICE ( prices are in dollars per week and include landfill disposal charges ) Frequency of Pick-Up Container size 2yds3 $34 . 40 3yds3 $51 . 60 4yds3 $68 . 80 5yds3 $86 . 00 6yds3 $ 103 . 00 8yds3 $ 137 . 00 TEMPORARY CONTAINER RENTALS ( Terms : cash in advance or AMEX , VISA or Master Charge ) Container size 2yds3 : $ 16 - $20 per lift , plus $5 . 00 per week demurrage , plus $ 10 . 00 for delivery plus then current landfill disposal rates 3yds3 : $22 - $26 per lift , plus $5 . 00 per week demurrage , plus $ 10 . 00 for delivery plus then current landfill disposal rates • 4 s - 29 - 4yds' : $26 - $28 per lift , plus $5 . 00 per week demurrage , plus $ 10 . 00 for delivery plus then current landfill disposal rates 6yds' : $28 - $32 per lift , plus $5 . 00 per week demurrage , plus $ 10 . 00 for delivery plus then current landfill disposal rates 8yds3 : $ 32 - $40 per lift , plus $5 . 00 per week demurrage , plus $ 10 . 00 for delivery plus then current landfill disposal rates ROLL-OFF SERVICE Container size 20yds' : $ 125 . 00 per lift , plus $ 10 . 00 per week demurrage , plus $60 . 00 for delivery plus then current landfill disposal rates 40yds3 : $ 125 . 00 per lift , plus $ 10 . 00 per week demurrage , plus $60 . 00 for delivery plus then current landfill disposal rates A CORPORATION OF THE TOWNSHIP OF BAYHAM BY-LAW NO. 94-25 BEING A BY-LAW TO AUTHORIZE THE REEVE AND CLERK TO ENTER INTO AN AGREEMENT WITH GREEN LANE ENVIRONMENTAL GROUP LTD. AND ST. THOMAS SANITARY COLLECTION SERVICE LIMITED FOR THE PROVISION OF WASTE MANAGEMENT SERVICES WHEREAS Section 210(89) of the Municipal Act R.S.O. 1990, Chapter M.45 permits Councils of municipalities to pass by-laws to enter into agreements for contracting with any person for the collection, removal and disposal of garbage; AND WHEREAS the Council of the Township of Bayham deems it necessary to enter into an Agreement with Green Lane Environmental Group Ltd. and St. Thomas Sanitary Collection Service Limited for the collection, removal and disposal of garbage and for the collection and processing of recyclable materials. THEREFORE THE COUNCIL OF THE CORPORATION OF THE TOWNSHIP OF BAYHAM ENACTS AS FOLLOWS. 1. THAT the Reeve and Clerk be and are hereby authorized to execute an Agreement with Green Lane Environmental Group Ltd. and St. Thomas Sanitary Collection Service Limited for the provision of waste management services. 2. THAT the said Agreement is attached hereto as Schedule 'A' and forms a part of this by-law. 3. THAT this by-law shall come into full force and effect upon final passing. READ A FIRST AND SECOND TIME this 2nd day of JUNE 1994 READ A THIRD TIME AND FINALLY PASSED this 2nd day of JUNE 1994. • • REEVE CL ' THIS AGREEMENT made this 2nd day of June , 1994 . BETWEEN : THE CORPORATION OF THE TOWNSHIP OF BAYHAM hereinafter called the "MUNICIPALITY" , OF THE FIRST PART - and - GREEN LANE ENVIRONMENTAL GROUP LTD . and ST . THOMAS SANITARY COLLECTION SERVICE LIMITED hereinafter called the "CONTRACTOR" , OF THE SECOND PART WHEREAS the Contractor has been collecting waste within the territorial limits of the Municipality and transporting and disposing of the same ; AND WHEREAS this collection , transportation and disposal service was carried out pursuant to an Agreement dated January 1 , 1979 which Agreement was frustrated prior to the expiration of its term by reason of the closure in September of 1991 of the Contractor ' s Green Lane Landfill Site in the Township of Southwold; AND WHEREAS after the closure of the Green Lane Landfill Site the Contractor continued to provide collection , transportation and disposal service on an ad hoc basis pending authorization to re-open the Green Lane Landfill Site ; AND WHEREAS such service includes or is to include the curbside collection and separation of recyclables as part of a Class 1 curbside collection system under an agreement between the Ministry of the Environment and Energy and the Municipality , curbside collection of compostibles and the operation of a household hazardous waste depot ; AND WHEREAS the parties have agreed upon the terms and conditions under which the Contractor shall continue to provide the waste management services , as aforesaid, within the territorial limits of the Municipality and to augment such waste management services by receiving for disposal at the Green Lane Landfill Site brush and " one-man" concrete rubble , asphalt and brick rubble and to further augment such waste management service with such on-going enhancements as may be negotiated between the parties during the term of this Agreement ; - 2 - NOW THEREFORE THIS AGREEMENT WITNESSETH that in consideration of the mutual covenants contained herein , the parties hereto covenant and agree as follows : DEFINITIONS 1 . In this Agreement , 1 . 1 " ashes " means the residue of any fuel after such fuel has been consumed by fire . 1 . 2 "Blue Box Agreement" means the Agreement in effect on the date of this Agreement between Her Majesty the Queen in Right of Ontario as Represented by the Minister of the Environment , as the Party of the First Part , and the Municipality , as the Party of the Second Part which provides for the Party of the First Part to contribute to the Municipality a portion of the Municipality ' s costs of a "blue box" curbside collection program. 1 . 3 "Certificate of Approval " means the Provisional Certificate of Approval issued by the Ontario Ministry of the Environment under the Environmental Protection Act R . S . O . 1990 , Chap . E . 19 , as amended, in respect of the Green Lane Landfill Site by virtue of which the Contractor is permitted to resume waste disposal operations at the Green Lane Landfill Site . 1 . 4 "Clerk" means the Municipality ' s Clerk for the time being or such person as is named by him or by the Council of the Municipality in writing . 1 . 5 "Commencement Date" means the first ( 1°` ) day of March , 1994 . 1 . 6 "commercial business " means a non-industrial business establishment located within the territorial limits of the Municipality and for the purposes of this Agreement all hospitals , libraries , churches and clubs so located and as well , all facilities owned and operated by or on behalf of the Municipality whether within or beyond the territorial limits of the Municipality shall be deemed to be commercial businesses . 1 . 7 "compostible material " includes all organic leaf and yard waste including mechanically chipped brush; all herbaceous kitchen waste , such as vegetable peelings and leaves ; kitchen paper waste , such as box board and - 3 - waxed papers ; cereals ; hair ; egg shells ; and coffee grounds . 1 . 8 "dwelling unit " means one or more habitable rooms occupied by an individual or family as an independent and separate housekeeping establishment . 1 . 9 " force majeure" means an occurrence beyond the reasonable control of the party claiming suspension of an obligation hereunder , which has not been caused by such party ' s negligence and which such party was unable to prevent or provide against by the exercise of reasonable diligence at a reasonable cost and includes , without limiting the generality of the foregoing , an act of God, war , revolution , insurrection , blockage , riot , strike , a lockout or other industrial disturbance , fire , lightning , unusually severe weather , storms , floods , explosion, accident , shortage of labour or materials or government restraint , action , delay or inaction . 1 . 10 "garbage" includes all rejected , abandoned or discarded inert rubbish including recyclable hard plastic , plastic bags , waste kitchen wrappers , crockery, bones , oils , gravy , fats and waste cooked food; unused clothing ; Christmas trees ; furniture ; fill ; broken plaster , treated lumber , and other non-recyclable material from building alterations or repairs where such waste results from alterations or repairs to a single family dwelling performed by the owner or occupant thereof . 1 . 11 "Green Lane Landfill Site" means that landfill waste disposal site located on Part of Lots 21 , 22 and 23 , Concession III , in the Township of Southwold, in the County of Elgin which is regulated under Provisional Certificate of Approval No . A051601 issued by the Ontario Ministry of the Environment under the Environmental Protection Act R. S . O . 1990 , Chap . E . 19 , as amended . 1 . 12 "multiple dwelling" means a residential building which contains more than one ( 1 ) dwelling unit . 1 . 13 "Previous Agreement" means the above recited Agreement made between the parties hereto and dated January 1 , 1979 pursuant to which the Contractor previously - 4 - collected waste from within the territorial limits of the Municipality . 1 . 14 "recyclable material " includes all washed , rinsed and delabelled glass bottles , food cans and beverage cans ; uncontaminated newspapers , inserts , circulars , magazines , telephone directories , household and office papers and mail ; clean and flattened cardboard ; and all plastic bottles with either a " 1 " or a " 2 " in a mobius loop on the bottle . 1 . 15 " residential building" means a building containing one ( 1 ) or more dwelling units which is located within the territorial limits of the Municipality . 1 . 16 " school " means an elementary or secondary school located within the territorial limits of the Municipality that is under the jurisdiction of the Elgin County Board of Education or of the Elgin County Roman Catholic Separate School Board . 1 . 17 " single-family dwelling" means a residential building which contains not more than one ( 1 ) dwelling unit . 1 . 18 "waste" means all waste generated , produced or created within the territorial limits of the Municipality or by any facility owned and operated by or on behalf of the Municipality outside of such territorial limits and includes ashes and garbage so generated , produced or created but excludes : 1 . 18 . 1 compostible material ; 1 . 18 . 2 recyclable material ; 1 . 18 . 3 explosive or highly combustible material of any nature ; 1 . 18 . 4 car bodies ; 1 . 18 . 5 sheet iron and scrap metal ; 1 . 18 . 6 tree stumps and trees having a diameter greater than ten ( 10 " ) inches or a length greater than four ( 4 ' ) feet ; 1 . 18 . 7 any corrosive or toxic material ; 1 . 18 . 8 any carcasses of animals ; 1 . 18 . 9 liquid waste ; 1 . 18 . 10 waste of any nature and kind as is now or may hereafter at any time be prohibited for disposal at the Green Lane Landfill Site by reason of any statute or regulation of the Province of Ontario now or hereafter enacted, promulgated or amended. - 5 - WORK TO BE PERFORMED AND FREQUENCY 2 . Commencing on the Commencement Date and ending on the fifth ( 5th ) anniversary of the Commencement Date , the Contractor agrees to perform the following work : 2 . 1 The Contractor shall collect , transport and dispose of wastes in accordance with the terms and conditions of this Agreement and such service shall consist of the pick-up of the waste of each residential building and of each commercial business where : 2 . 1 . 1 the waste , in the case of a single-family dwelling , is placed adjacent to the travelled portion of the assumed public street upon which such dwelling fronts ; or 2 . 1 . 2 the waste , in the case of a multiple dwelling with less than seven ( 7 ) dwelling units , is placed adjacent to the travelled portion of the assumed public street upon which it fronts or at such other readily accessible place as is designated by the Clerk; or 2 . 1 . 3 the waste, in the case of a commercial business , is placed adjacent to the travelled portion of the assumed public street upon which it fronts or adjacent to an accessible lane or alley servicing the premises ; or 2 . 1 . 4 the waste , in the case of a dwelling unit in a commercial building which has less than three ( 3 ) dwelling units , is placed adjacent to the travelled portion of the assumed public street upon which the commercial building fronts or adjacent to an accessible lane or alley servicing the commercial building; and where such waste : 2 . 1 . 5 is in a garbage can or cans with conveniently located handles , the volume of each of which is not more than two ( 2 ft3 ) cubic feet and the weight or the waste in each can is not more than seventy-five ( 75 lbs ) pounds , or 2 . 1 . 6 is in a securely tied plastic bag or bags and the contents of each of such bags does not exceed two • - 6 - ( 2 ft' ) cubic feet in volume or seventy-five ( 75 lbs ) pounds in weight , or 2 . 1 . 7 is in a securely tied bundle or bundles , each of which is not heavier than seventy-five ( 75 lbs ) pounds and the longest dimension of which is not more than four ( 4 ft ) feet ; but , save as hereinafter provided, the Contractor shall not be required to collect hereunder , 2 . 1 . 8 from a multiple dwelling which contains seven ( 7 ) or more dwelling units , or 2 . 1 . 9 in the case of a multiple dwelling which contains less than seven ( 7 ) dwelling units , more than a total of six ( 6 ) of such cans , bags or bundles per dwelling unit therein per pick-up , or 2 . 1 . 10 from a multiple dwelling development on property under common ownership which has seven ( 7 ) or more dwelling units unless they all front on an assumed public street , or 2 . 1 . 11 in the case of a multiple dwelling development which has less than seven ( 7 ) dwelling units on property under common ownership or which has dwelling units which all front on an assumed public street , more than a total of six ( 6 ) of such cans , bags or bundles per dwelling unit therein per pick-up , or 2 . 1 . 12 from a dwelling unit in a commercial building which has seven ( 7 ) or more dwelling units , or 2 . 1 . 13 in the case of a commercial building which has less than seven ( 7 ) dwelling units , more than a total of six ( 6 ) of such cans , bags or bundles per dwelling unit therein per pick-up , or 2 . 1 . 14 in the case of each commercial business , more than a total of fourteen ( 14 ) of such cans , bags or bundles per pick-up , or 2 . 1 . 15 in the case of each single-family dwelling , more than a total of six ( 6 ) of such cans , bags or bundles per pick-up ; - 7 - and such service shall be provided to each residential building and to each commercial business once every two ( 2 ) weeks during the term of this Agreement . 2 . 2 The Contractor shall carry out a class 1 Blue Box curbside collection programme having regard for the Blue Box Agreement and shall collect , transport , process and market recyclable materials so collected and the following provisions shall apply to that class 1 Blue Box curbside collection programme : 2 . 2 . 1 In carrying out the said class 1 Blue Box curbside collection programme , the Contractor shall include in the collection programme the collection of recyclable material from multiple dwellings having more than seven ( 7 ) dwelling units , notwithstanding that the Contractor is not required to collect , transport and dispose of waste from such multiple dwellings pursuant to paragraph 2 . 1 of this Agreement . 2 . 2 . 2 The said class 1 Blue Box curbside collection of recyclable material will occur on the same day as regular garbage collection "beats " on a bi-weekly basis , with the collection of compostibles occurring bi-weekly in the off week when regular garbage collection does not occur . 2 . 2 . 3 When collecting waste from commercial businesses as required by paragraph 2 . 1 of this Agreement , the Contractor will also collect without any additional charge to the Municipality or to the commercial business all recyclable material which has been placed for collection in accordance with said paragraph 2 . 1 . 2 . 3 The Contractor shall cooperate with the Municipality in any initiative which the Municipality may take to encourage the segregation of waste for separate pick-up and, in that connection, refrain from collecting for transportation and disposal such wastes as the Clerk may designate in writing from time to time notwithstanding that the Contractor is otherwise required to collect the same pursuant to paragraph 2 of this Agreement . - 8 - 2 . 4 Upon the written request of the Clerk , and after settling a mutually acceptable additional charge for doing so , the Contractor shall , collect for transportation and disposal wastes that have been segregated for separate pick-up as contemplated in paragraph 2 . 3 of this Agreement . 2 . 5 The Contractor shall cooperate with the Municipality in any initiative which the Municipality may take to encourage industry and commercial operations to segregate and recycle waste , including assisting the Municipality to identify generators of wastes which , if separated , could be recovered and recycled . PAYMENT OF ANNUAL CONTRACT PRICE 3 . For the performance of the work required by this Agreement , the parties agree that , subject to increases or decreases as provided for in this Agreement , the Contractor shall be paid therefor as follows : 3 . 1 The Municipality agrees to pay the Contractor during the term of this Agreement at the rate of $ 105 . 00 per household times ( x ) the number of households in the Municipality per year and being in the first year of this Agreement the sum of ONE HUNDRED AND FIFTY-ONE THOUSAND , SIX HUNDRED AND TWENTY ( $ 151 , 620 . 00 ) DOLLARS per year but such annual contract price shall be increased or decreased at the end of each contract year of the term of this Agreement by an amount calculated in accordance with the following formula : Latest CPI - May 1993 CPI Latest Population - 1992 Population $151,620.00 x May 1993 CPI + 1992 Population and for the purposes of this paragraph 3 . 1 , 3 . 1 . 1 " Latest CPI " and "Latest Consumer Price Index" means the " all items " Consumer Price Index ( 1986 = 100 ) for December of the year of the calculation as published by Statistics Act ; 3 . 1 . 2 "Latest population" means the number of households within the territorial limits of the Municipality as established by the local regional assessment office of the Ministry of Revenue as delivered to - 9 - the Municipality on the first day of November in the year preceding the year to which the calculation relates unless the population for such preceding year is not so established in which case the population shall be estimated on a reasonable basis by the Municipality ' s Clerk having regard to the population for the preceding five ( 5 ) years and any extraordinary circumstances such as an annexation or a significant immigration to or emigration of persons residing within the territorial limits of the Municipality; 3 . 1 . 3 " 1992 Population" means the population residing within the territorial limits of the Municipality as established by the said Ministry as delivered to the Municipality as of November 1 , 1992 ; 3 . 1 . 4 The parties agree that the Consumer Price Index for May of 1993 was 130 . 1 and that the population as of November 1 , 1992 was ONE THOUSAND , FOUR HUNDRED AND FORTY-FOUR ( 1 , 444 ) households ; and 3 . 2 During the first year of the term of this Agreement , the Municipality shall pay the Contractor the sum of TWELVE THOUSAND, SIX HUNDRED AND THIRTY-FIVE ( $ 12 , 635 . 00 ) DOLLARS on the Fifteenth ( 15th) day of each month . In addition , there shall be paid to the Contractor , on or before the fifteenth ( 15th) day of the third month • of the second year of this Agreement , the amount by which the annual contract price calculated pursuant paragraph 3 . 1 for the first year exceeds the sums of money actually paid in the first year . If the payments made in the first year exceed the annual contract price , the amount of such excess shall be deducted from the payment due to the Contractor in the third month of the second year . 3 . 3 During the second year of this Agreement , the Municipality shall pay to the Contractor : 3 . 3 . 1 On the fifteenth ( 15th) days of the first two ( 2 ) months of the second year , one twelfth ( 1/ 12 ) of the annual contract price ; and 3 . 3 . 2 On the fifteenth ( 15th) day of each month for the balance of the second year, an amount equal to one 10 twelfth ( 1 / 12 ) of the annual contract price payable during the first year ; and 3 . 3 . 3 On the fifteenth ( 15th ) day of the third month of the second year , a payment of twice the amount , if any , by which the monthly payments in paragraph 3 . 3 . 2 exceed the monthly payments in paragraph 3 . 3 . 1 . In addition , the Municipality shall pay to the Contractor on or before the fifteenth ( 15th) day of the third month of the third year the amount by which the annual contract price calculated pursuant to paragraph 3 . 1 for the second year exceeds the sums of money actually paid in the second year . If the payments made in the second year exceed the annual contract price calculated pursuant to paragraph 3 . 1 for the second year , the amount of such excess shall be deducted from the payment due to the Contractor in the third month of the third year . 3 . 4 The payments for the third, fourth and fifth years of the term of this Agreement shall be made in accordance with paragraph 3 . 3 , mutatis mutandus . 3 . 5 Before making any payment for the work to be performed pursuant to this Agreement , the Municipality may require the Contractor to satisfy the Municipality that all claims against the Contractor for labour , materials , things hired or supplied upon or for such work , have been paid or satisfied, or if any such valid claims are found to exist , may pay such sum and the Contractor shall reimburse the Municipality for such payment within two days , or the Municipality may , at its option , withhold from the payment due , sufficient amounts to satisfy such valid claim or claims . CONTRACTORS ' COVENANTS 4 . The Contractor covenants and agrees with the Municipality as follows : 4 . 1 The Contractor shall , at its expense , provide sufficient personnel , trucks and equipment to collect , transport and dispose of all waste , compostible material and recyclable materials required to be collected by it pursuant to this Agreement . • - 11 - 4 . 2 In collecting and transporting such waste , compostible material and recyclable materials , the Contractor shall , at its expense , use trucks mounted on an adequate chassis and provided with fully enclosed steel bodies with machinery capable of packing and unloading such material . 4 . 3 The Contractor shall , at its expense , be responsible for the maintenance and repair and all operating costs of the trucks and equipment used in collecting , transporting and disposing of such waste , compostible material and recyclable materials , including the necessary licenses , insurance and fuel . 4 . 4 The Contractor shall , at its expense , maintain all trucks and equipment used in collecting or transporting such waste , compostible material and recyclable materials in a clean condition . 4 . 5 The Contractor shall , at its expense , ensure that each of its employees has a neat and clean appearance while collecting or transporting waste , compostible material and recyclable materials within the territorial limits of the Municipality . 4 . 6 The Contractor shall , at its expense , submit to the Clerk for his or her approval , a complete programme for the bi-weekly collection and transportation of waste , compostible material and recyclable materials throughout the territorial limits of the Municipality in a manner consistent with the recycling programmes referred to in paragraph 2 of this Agreement . 4 . 7 The Contractor shall , at its expense , obtain the approval of the Clerk for all changes in the collection schedule prior to making any changes . 4 . 8 The Contractor shall , at its expense , advertise all changes in schedules approved by the Clerk in a newspaper having general circulation within the territorial limits of the Municipality . 4 . 9 The Contractor shall , at its expense , make all collections which fall on statutory holidays on the following day or at another time satisfactory to the Clerk. - 12 - 4 . 10 The Contractor shall , at its expense , make any special collection required by the Municipality upon mutually agreed to terms and conditions . 4 . 11 The Contractor shall , at its expense , return each garbage can , Blue Box and compost container to the place where it was found after collecting the material from it . 4 . 12 The Contractor shall , at its expense , pay for any damage caused by the Contractor or by its servants or workmen to any garbage can or Blue Box or compost container in which material is placed for pick-up pursuant to this Agreement . 4 . 13 The Contractor shall , at its expense , operate during the term of this Agreement its existing transfer station site on Highway 19 , in the South part of Lot 16 , Concession 5 , in the Township of Bayham ( being PARTS 1 and 2 , on Reference Plan 11R-3883 ) which will include a roll off recycling depot , a scrap steel container and two containers for wood chips from old lumber , garden waste , wax paper cartons and similar material and the following provisions shall apply in relation to the transfer station : 4 . 13 . 1 The Contractor shall accept for disposal all waste , except concrete rubble , brought to such transfer station on Mondays , Wednesdays and Fridays of each week during the term of this Agreement , except statutory holidays , between the hours of 8 : 00 a .m. and 5 : 00 p .m. and, subject to any different arrangement which may be mutually agreed upon with the Clerk . 4 . 13 . 2 Charges to be paid by the Municipality to the Contractor for such disposal from the transfer station shall be at the rate of SIXTY-FIVE ( $65 . 00 ) DOLLARS per ton or part thereof which disposal charges are to be shared with The Corporation of the Village of Port Burwell ( hereinafter referred to as the "Village of Port Burwell " ) and The Corporation of the Village of Vienna ( hereinafter referred to as the "Village of Vienna" ) in the same proportion as the number of households in their respective municipalities in 1992 ; and commencing on the first anniversary of the Commencement Date and on each anniversary date - 13 - thereafter , the rate prescribed in this paragraph 4 . 13 . 2 shall be either increased or decreased and rounded to the nearest five ( 5 ) cents in the same proportion and in accordance with the same calculation by which the annual contract price is adjusted in accordance with paragraph 3 . 1 of this Agreement but before the Contractor may implement any increase , the Contractor shall give to the Municipality at least thirty ( 30 ) days ' prior written notice thereof . 4 . 13 . 3 For the purposes of the sharing of the disposal charges as contemplated in paragraph 4 . 13 . 2 , the apportionment thereof shall be based on the 1992 number of households in each municipality which the parties agree are as follows : Bayham Township 1 , 444 households Village of Port Burwell 431 households Village of Vienna 163 households ; so that the Municipality shall pay to the Contractor 71% of the per ton disposal charge for all waste received at such transfer station and the Contractor will look to the Village of Port Burwell for a 21% portion of each per ton disposal charge and to the Village of Vienna for an 8% portion of each per ton disposal charge . 4 . 13 . 4 The Contractor shall , at its expense , remove the waste placed in such transfer station, daily , but if the removal on that basis is insufficient to normally accommodate such waste , the Contractor shall provide a larger or additional containers or remove the contents more frequently . 4 . 14 The Contractor shall , at its expense , operate in conjunction with its transfer station located on Highway 19 , in the South part of Lot 16 , Concession 5 , in the Township of Bayham ( being PARTS 1 and 2 , on Reference Plan 11R-3883 ) Southwold Street in the Township of Yarmouth a household hazardous waste depot both under the authority of and in accordance with the Certificate of Approval and also under the authority of and in accordance with Certificate of Approval No . A051708 issued to the Municipality under the Environmental Protection Act R. S . O . 1990 , Chap . E . 19 , - 14 - as amended, and the following provisions shall apply to the operation of such household hazardous waste depot : 4 . 14 . 1 The Contractor shall operate the household hazardous waste depot and provide the services of a qualified, trained receiver of hazardous waste on a Monday and Tuesday in May of each year during the term of this Agreement , which Monday and Tuesday shall be determined by agreement between the Contractor and the Clerk and the dates of which will be adequately announced, between the hours of 8 : 00 a .m. and 12 : 00 p .m. , subject to any different arrangement which may be mutually agreed upon with the Clerk . 4 . 15 The Contractor shall accept for disposal at the Green Lane Landfill Site , all waste from the Municipality ' s present and future operations , including building demolition materials , if lawfully permitted for disposal at the Green Lane Landfill Site , for a charge by the Contractor to the Municipality for such disposal service at the rate of SIXTY-FIVE ( $65 . 00 ) DOLLARS per ton or part thereof ; and commencing on the first anniversary of the Commencement Date and on each anniversary date thereafter , the rate prescribed in this paragraph 4 . 15 shall be either increased or decreased and rounded to the nearest five ( 5 ) cents in the same proportion and in accordance with the same calculation by which the annual contract price is adjusted in accordance with paragraph 3 . 1 of this Agreement but before the Contractor may implement any increase , the Contractor shall give to the Municipality at least thirty ( 30 ) days ' prior written notice thereof . 4 . 16 Notwithstanding the charges contemplated by paragraph 4 . 15 , without charge to the Municipality , the Contractor will accept for chipping at the transfer station referred to paragraph 4 . 13 all yard waste , brush and tree cuttings from the Municipality ' s present and future operations so long as the same are delivered to the said transfer station between the hours of 8 : 00 a . m. and 4 : 00 p .m. on Mondays through Saturdays , except statutory holidays , or such other times as may be mutually agreed upon with the Clerk. w • y )Tt • - 15 4 . 17 The Contractor shall , at its expense , transport , process , market and dispose of all material collected by the Contractor in accordance with this Agreement . 4 . 18 The Contractor shall ensure that someone in the Contractor ' s employ who is satisfactory to the Clerk will be available to receive instructions from those designated by the Municipality and to receive all complaints and that such person will take appropriate action in respect of such instruction or complaints in keeping with the terms of this Agreement . 4 . 19 The Contractor shall , at its expense , ensure that all work and things required to be done by it under this Agreement shall be supervised by it and performed in a manner satisfactory to the Municipality . 4 . 20 The Contractor shall render reasonable assistance to the Municipality in completing authorized governmental questionnaires by providing such information as is reasonably available to the Contractor concerning the collection , transportation and disposal of waste pursuant to this Agreement . 4 . 21 The Contractor shall , at its expense , comply with all provincial statutes and regulations in the collection , transportation and disposal of waste collected within the territorial limits of the Municipality . 4 . 22 The Contractor shall upon written request , collect , transport and dispose of waste and recyclable material and compostible material in excess of the amount for which collection service is provided under this Agreement for a charge not to exceed those specified in paragraph 6 of this Agreement for such service . 4 . 23 The Contractor shall accept for disposal at a disposal rate not exceeding SIXTY-FIVE ( $65 . 00 ) DOLLARS per ton or part thereof waste generated by an industry located within the territorial limits of the Municipality provided that such waste 4 . 23 . 1 is brought to the Green Lane Landfill Site in a suitable vehicle and in loads of not less than ten ( 10 yd3 ) cubic yards or three ( 3 ) tons , which ever is less , and - 16 - 4 . 23 . 2 is produced within the territorial limits of the Municipality ; and commencing on the first anniversary of the Commencement Date and on each anniversary date thereafter , the rate prescribed in this paragraph 4 . 23 shall be either increased or decreased and rounded to the nearest five ( 5 ) cents in the same proportion and in accordance with the same calculation by which the annual contract price is adjusted in accordance with paragraph 3 . 1 of this Agreement but before the Contractor may implement any increase , the Contractor shall give to the Municipality at least thirty ( 30 ) days ' prior written notice thereof . CONTRACTOR COVENANTS 5 . The Contractor covenants and agrees that , in providing such collection , transportation and disposal service , it shall not : 5 . 1 use open bodied vehicles for transferring or transporting garbage within the territorial limits of the Municipality; 5 . 2 permit advertising of any kind on any of its trucks and equipment except the name of the Contractor or its trade name or its address ; 5 . 3 make any collection on Sundays or on Christmas and New Years days ; or 5 . 4 make any charge for such collection , transportation and disposal of waste , except as provided in this Agreement . ADDITIONAL CHARGES 6 . The parties further agree as follows : 6 . 1 where , during the term of this Agreement , a person or corporation, from whom, in accordance with paragraph 2 of this Agreement , the Contractor is required to collect waste , has waste in excess of that so required to be collected, the Contractor shall not charge in excess of TWENTY-ONE ( $21 . 00 ) DOLLARS per cubic yard or part thereof to collect , transport and dispose of such excess and such rate shall apply whether or not the 17 - Contractor provides a waste disposal container to facilitate the collection of the waste ; 6 . 2 where , during the term of this Agreement , a commercial business from which , in accordance with paragraph 2 of this Agreement , the Contractor is required to collect waste or recyclable material or compostible material , has waste , recyclable material or compostible material in excess of that so required to be collected by the Contractor under this Agreement , the Contractor shall provide for the handling of such excess upon the occupant of such commercial business premises executing an agreement in substantially the form of that attached hereto and marked as Schedule "A" to this Agreement ; 6 . 3 where the Contractor on request places a waste disposal container within the territorial limits of the Municipality or at any facility owned and operated by or on behalf of the Municipality outside the territorial limits of the Municipality, the charge for the use of such container and for the disposal of the waste collected in it shall , during the term of this Agreement , not exceed, without the consent by resolution of the Council of the Municipality, the rates set forth in Schedule "B" to this Agreement ; and where a person or corporation from whom, in accordance with paragraph 2 of this Agreement , the Contractor is required to collect waste , contracts with the Contractor for such a waste disposal container and does not use the collection service as provided in paragraph 2 of this Agreement , then the maximum rates set forth in Schedule "B" to this Agreement shall be reduced by ten ( 10% ) percent of the rate charged for one weekly pick-up of such containers ; 6 . 4 commencing on the first anniversary of the Commencement Date and on each anniversary date thereafter , the rates prescribed in clauses 6 . 1 and 6 . 3 of this Agreement and in the commercial business agreements entered into as contemplated in clause 6 . 2 shall be either increased or decreased and rounded to the nearest five ( 5 ) cents in the same proportion and in accordance with the same calculation by which the annual contract price is adjusted in accordance with paragraph 3 . 1 of this Agreement but before the Contractor may implement any increase , the Contractor shall give to the Municipality at least thirty ( 30 ) days ' prior written notice thereof . 18 - WORKER ' S COMPENSATION 7 . The Contractor shall at all times pay or cause to be paid any assessment or compensation required to be paid pursuant to the Worker ' s Compensation Act , and upon failure to do so , the Municipality may pay such assessment or compensation to the Worker ' s Compensation Board and may thereafter deduct such sums from any moneys then payable to the Contractor or recover such sums from the Contractor . The Contractor shall , at the time of the execution of this Agreement with the Municipality , make a statutory declaration that all assessments have been paid and the Municipality may , at any time during the performance or upon the completion of this Agreement , require a further declaration that such assessments or compensation have been paid . INSURANCE 8 . Upon the execution of this Agreement , the Contractor shall provide the Municipality at the Contractor ' s expense with 8 . 1 a policy from an insurance company approved by the Municipality and authorized to carry on business in Canada which policy shall 8 . 1 . 1 name the Contractor and the Municipality as insured, 8 . 1 . 2 insure the Contractor and the Municipality against all claims and demands resulting from or in any way connected with the execution of this Agreement by the Contractor , and 8 . 1 . 3 have an inclusive limit at least equal to two million ( $2 , 000 , 000 . 00 ) dollars and which policy shall remain in force during the term of this Agreement ; 8 . 2 a policy from an insurance company approved by the Municipality and authorized to carry on business in Canada which policy shall 8 . 2 . 1 insure the Contractor against liability from bodily injury and property damage caused by vehicles owned by the Contractor and used in connection with the work required to be performed pursuant to this Agreement and against liability - 19 - for bodily injury and property damage caused by vehicles not owned by the Contractor but used in connection with such work, and 8 . 2 . 2 have an inclusive limit of at least two million ( $2 , 000 , 000 . 00 ) dollars and which policy shall remain in force during the term of this Agreement . INDEMNIFICATION OF MUNICIPALITY 9 . The Contractor covenants and agrees to indemnify and save harmless the Municipality and each of its officers , servants and agents from and against all actions , suits , claims , executions and demands which may be brought against or made upon the Municipality , its officers , servants and agents and from all losses , costs , charges , damages , liens and expenses which may be paid, sustained, or incurred by the Municipality , its officers , servants and agents by reason of or on account of or in consequence of the execution and performance of the work or the non-execution or imperfect execution and performance thereof or of a supplier , and or non-supply of plant or material therefor ; and the Contractor covenants and agrees to pay to the Municipality on demand, all such losses and costs , charges , damages , liens or expenses which may be paid , sustained or incurred by the Municipality or by any of its officers , servants or agents in consequence of any such action , suit , claim, lien , execution or demand, and any moneys paid or payable by the Municipality or any of its officers , servants or agents in discharge thereof or on account thereof ; and the Contractor covenants and agrees that in default of such payment all such losses and costs , charges , damages , liens and expenses , and any moneys so paid or payable by the Municipality , its , officers , servants , or agents , and also any moneys payable by the Contractor under any of the terms and conditions of this Agreement may be deducted from any moneys of the Contractor then remaining in the possession of the Municipality on account of this or any other contract or may be recovered from the Contractor ; and the Municipality hereby authorizes and empowers the Contractor or its Solicitors for the time being to defend, settle or compromise any such actions , suits , claims , liens , executions or demands as the Contractor, or its Solicitors may deem expedient , and also hereby agrees to ratify and confirm all the acts of the Contractor and its Solicitors in that behalf , provided that if the Contractor does not take up such defence and pursue it with diligence , then, upon notice to the Contractor, the Municipality may defend and, - 20 - in such circumstances , the Contractor hereby authorizes and empowers the Municipality or its Solicitor for the time being , to defend , settle or compromise any such actions , suits claims , liens , executions or demands as the Municipality or its said Solicitor may deem expedient , and also hereby agrees to ratify and confirm all acts of the Municipality or its Solicitor in that behalf and to pay the said Solicitor on demand his reasonable cost of defending , settling or compromising any such actions , suits , claims , liens , executions or demands as the Municipality may deem it expedient to defend, settle or compromise , and in default of such payment , the same may be deducted from any moneys payable by the Municipality to the Contractor on any account whatsoever . DEFAULT 10 . If the Contractor shall neglect or refuse to do any of the works herein required to be performed by it , or if it becomes bankrupt or insolvent , or compounds with its creditors , or commits any act of bankruptcy or shall transfer , assign , or sublet or attempt to transfer , assign or sublet this Agreement , or any part thereof , or any rights thereunder without the consent of the Municipality; or if at any time such work, or any part thereof is , in the judgment of the Council of the Municipality, not executed or not being executed in a sound and workmanlike manner to its satisfaction and in all respects in strict conformity with this Agreement , or if the Contractor shall refuse or neglect to alter any defective or unsatisfactory work, or to comply with any order which it might receive from the Council of the Municipality , or if the Contractor shall persist in the Breach of any of the provisions of this Agreement , then, and in each and every such case , after twenty-four ( 24 ) hours written notice from the Council of the Municipality to the Contractor , the Council of the Municipality shall have the full right and power , at its discretion , without process or action at law, to take the whole of such work, or any parts thereof specified in the said notice , out of the hands of the Contractor and the Contractor , upon receiving notice to that effect shall give up the said work, or the part or parts thereof specified in the said notice , peaceably to the Municipality, which may either re-let the same to any other person or persons with or without its being previously advertised or may employ workmen and provide materials , tools , transportation and all other necessary things at the expense of the Contractor , or may take such other steps as it , the Municipality , may consider necessary or advisable in - 21 - order to secure the completion of the said work, to the Municipality ' s satisfaction ; and the Contractor in every case shall be liable for all damages , expenditures , and extra expenditures for all additional cost of such work which may be incurred by reasons thereof , and the same may be deducted from any moneys owing to the Contractor or may be collected from the Contractor by the Municipality . The fulfilment by the Contractor of any provision of this Agreement may be enforced by legal proceedings and judgment , or order of a Court , without prejudice to any other remedy herein contained . When such work, or any part thereof , is taken out of the hands of the Contractor as herein provided, it shall in no way affect the relative obligations of the Municipality and the Contractor in respect of its obligation, or in respect of the remainder of such work, if any . If any balance of the money payable by the Municipality hereunder , shall remain in the hands of the Municipality upon the expiration of this Agreement , the same shall be payable to the Contractor or the person legally representing it ; but neither the Municipality nor any officer thereof shall be liable or accountable to the Contractor in any way for the manner in which , or at the price at which the said work, or any portion thereof may have been or may be done or completed by the Clerk . Payment for any portion of the work called for by the Contractor , shall not be deemed to be a waiver by the Municipality of the right to abrogate this Agreement for abandonment , delay or any other reason hereinbefore provided . NOTICE TO CONTRACTOR 11 . Any notice or communication to the Contractor shall be deemed to be well and sufficiently given and served if handed to any officer, clerk or agent of the Contractor , or if mailed to the Contractor by prepaid registered mail addressed to it at Green Lane Environmental Group Ltd . and St . Thomas Sanitary Collection Service Limited, Post Office Box P . O . Box 589 , St . THOMAS , Ontario N5P 4B1 or to such other address as may hereafter be specified . Where notice is given by registered mail , it shall be deemed to have been received on the fourth ( 4th) business day after it is mailed unless postal employees at the point of mailing or at the point of delivery are on strike at any time during a - 22 - the four business days following the time of mailing in which event it shall be effective when delivered to the addressee . In any notice to the Contractor in respect of any work of any nature required to be done under any of the provisions of this Agreement , or of any other matter , it shall not be obligatory upon the Municipality to specify minutely or in detail everything required , nor as to the precise place or places where the work may be defective or faulty, or where any of the requirements of this Agreement have not been observed; but a reference in such notice to the clause or clauses bearing upon the matter and a description of the locality in general terms and sufficiently clear to indicate where the defect or trouble exists , shall be deemed to be and shall be ample notice . OVERHOLDING 12 . At any time prior to the expiration of the five ( 5 ) year term of this Agreement , either party may give notice to the other that it desires to enter into negotiations for a renewal of this Agreement upon such terms and conditions as may be agreed upon . Until such renewal has been settled, notwithstanding the expiration of the five ( 5 ) year term of this Agreement , if and so long thereafter as the Green Lane Landfill Site remains eligible to receive for disposal waste that is generated from within the territorial limits of the Municipality , the terms and conditions of this Agreement shall continue with all appropriate adjustments of language and to the annual contract price as may be required . If a renewal has not been settled by the time of the expiration of the term of this Agreement , thereafter either party may terminate the continuation of this Agreement by giving to the other party six ( 6 ) months ' notice to that effect . ASSIGNING 13 . The Contractor shall keep the work under its direct control , and shall not assign , transfer or sublet any portion without first obtaining the written consent of the Municipality . The consent of the Municipality to any such assignment , transfer or subletting shall not , however , relieve the Contractor of any responsibility for the proper execution and completion of the work according to the terms and conditions of this Agreement ; and the Contractor shall either in person or through an accredited agent , receive all notices , communications , orders , instructions or legal service , as if it were performing the work with its own plant and its own men . - 23 - INVALIDITY 14 . The invalidity of any particular provision of this Agreement shall not affect any other provision of it , but this Agreement shall be construed as if the invalid provision had been omitted . FORCE MAJEURE 15 . The parties further agree as follows : 15 . 1 if any party is prevented by force majeure from fulfilling any obligations hereunder , the obligations of the party, in so far only as its obligations are affected by the force majeure , shall be suspended while the force majeure continues to prevent the performance of such obligation and for that time thereafter as that party may reasonably require to commence to fulfil such obligation . A party prevented from fulfilling any obligation by force majeure shall promptly give the other party notice of the force majeure and the affected obligations , including reasonably full particulars in respect thereof ; 15 . 2 the party claiming suspension of an obligation as aforesaid shall promptly remedy the cause and effect of the applicable force majeure , in so far as it is reasonably able to do so, and such party shall promptly give the other party notice when the force majeure ceases to prevent the performance of the applicable obligation . However, the terms of settlement of any strike , lockout or other industrial disturbance shall be wholly in the discretion of such party, notwithstanding subparagraph 1 . 9 of this Agreement , and that party shall not be required to accede to the demands of its opponents in any strike , lockout or industrial disturbance solely to remedy promptly the force majeure thereby constituted; and 15 . 3 notwithstanding anything contained in this paragraph 15 , lack of finances shall not be considered a force majeure , nor shall any force majeure suspend any obligation for the payment of money due hereunder . ENTIRE AGREEMENT 16 . This Agreement constitutes the entire understanding , contract and agreement between the parties hereto and • - 24 - supersedes all prior oral or written undertakings , agreements or contracts , formal or informal between the parties hereto or their respective representatives with respect to the collection , transportation , processing , marketing and disposing of waste that is generated from within the territorial limits of the Municipality , including , without limiting the generality of the foregoing , the Previous Agreement . HEADINGS 17 . The headings to the paragraphs of this Agreement are for convenience only and are not to be considered a part of this Agreement and do not in any way limit or amplify the terms and conditions of this Agreement . IN WITNESS WHEREOF the Corporate Seals of the parties hereto have been hereunto affixed and attested to by the hands of their respective proper signing officers . SIGNED, SEALED AND DELIVERED ) THE CORPORATION OF THE in the p senc of : ) TOWNSHIP OF BAYHAM JcLalel-A- Z----#°-..e--------- e-J42-1Y Per : • Execution and delivery by ) Reeve The Corporation of the ) Township of Bayham ) /'//j or authorized by By-Law ) Per : 41,No . 94-25 the 2nd day of ) Clerk June , 1994 ) ) GREEN LANE ENVIRONMENTAL ) GROUP LTD . ) 7 ) ' L/._/ / ) Per : / - A /0,7 ..ezi 77) President ST . THOMAS SANITARY ) COLLECTION SERVICE LIMITED ) ) z Per :) �"'� 4 /"7 . 2 , /:4Il ) President i l - 25 - SCHEDULE "A" TO THIS AGREEMENT made this day of , 1994 . BETWEEN : THE CORPORATION OF THE TOWNSHIP OF BAYHAM hereinafter called the "MUNICIPALITY" , OF THE FIRST PART - and - GREEN LANE ENVIRONMENTAL GROUP LTD . and ST . THOMAS SANITARY COLLECTION SERVICE LIMITED hereinafter called the "CONTRACTOR" , OF THE SECOND PART FORM OF AGREEMENT FOR COMMERCIAL BUSINESS THIS AGREEMENT made in duplicate this day of , 199= BETWEEN : GREEN LANE ENVIRONMENTAL GROUP LTD . hereinafter called the "CONTRACTOR" , OF THE FIRST PART - and - hereinafter called the "OCCUPANT" OF THE SECOND PART WHEREAS the Occupant owns or occupies the premises municipally known in the Municipality as and has waste for disposal ; AND WHEREAS the Contractor is under contract with Municipality to collect certain quantities of waste , recyclable material and compostible material from each commercial business within the territorial limits of the Municipality by virtue of an Agreement dated the day of , 199= ( hereinafter referred to as the "Agreement" ) which Agreement is available for inspection in the Office of the Clerk of the Municipality; - 26 - AND WHEREAS the Occupant has waste , recyclable material or compostible material in quantities that exceed the quantities required by the Agreement to be handled by the Contractor ; AND WHEREAS the Contractor has agreed to collect such excess waste , recyclable material and compostible material quantities upon and subject to the terms and conditions contained herein . NOW THEREFORE THIS AGREEMENT WITNESSETH that in consideration of the mutual covenants contained herein , the parties hereto covenant and agree as follows : 1 . The parties agree that the above-named premises constitute a commercial business within the meaning of the Agreement and that the maximum waste required to be removed by the Contractor every second week under the terms of the Agreement is twenty-seven ( 27 ft3 ) cubic feet together with one ( 1 ) Blue Box of recyclable material and that the maximum quantity of compostible material required to be removed by the Contractor under the terms of the Agreement every second week is sixty-four ( 64 gal . ) gallons and that the Occupant ' s waste , recyclable material and compostible material quantities are in excess of such maximums . 2 . The Contractor agrees to provide , at or in the vicinity of the above-named premises , additional Blue Boxes and additional waste and compostible collection containers for the use of the Occupant and to maintain such containers in good working order and to remove the contents so often as may be necessary to permit the use thereof by the Occupant at all times . 3 . The Occupant will abide by all of the Contractor ' s rules and regulations concerning the use of such containers ; and in the event of a dispute between the parties to this Agreement as to the Contractor ' s rules and regulations and their application to the Occupant and to the above-named premises , the Clerk of the Municipality shall , after receiving written submissions from the parties , resolve the dispute . 4 . The Occupant agrees to pay to the Contractor a charge for the use of such containers as follows : 4 . 1 $ 15 . 00 for each additional stop for the collection of recyclable material from Blue Box ( s ) and for each additional stop for the collection of compostible material from 240 litre ( 64 gallon ) ventilated compost container/cart ( s ) ; PLUS - 27 - 4 . 2 $8 . 00 for each cubic yard or part thereof of additional waste quantities , recyclable material quantities and compostible material quantities placed for disposal in a waste container , a Blue Box or a ventilated compost container/cart , as the case may be . 5 . The parties agree that separate arrangements may be negotiated in the event there are large volumes of waste , recyclable material or compostible material to be handled at the above-names premises . 6 . The above charges for the handling of excess waste , recyclable material and compostible material shall apply until January 1°t , 1995 and on that date such charges shall be either increased or decreased and rounded to the nearest five ( 50 ) cents in the same proportion as and in accordance with the same calculation by which the annual contract price to the Municipality is adjusted in accordance with paragraph 3 . 1 of the Agreement and on January 1°t , of each ensuing year during the terms of the Agreement such rate will be similarly adjusted with respect to such ensuing year . Notwithstanding the foregoing, the Contractor may waive any increase . 7 . This Agreement may be terminated at any time by either party upon thirty ( 30 ) days notice in writing by prepaid registered mail addressed to the Occupant at the address set forth above and to the Contractor at P . O . Box 589 , ST . THOMAS , Ontario N5P 4B1 . IN WITNESS WHEREOF the Contractor has hereunto affixed his Corporate Seal over the hands of its proper officers duly authorized in that behalf and the Occupant has hereunto set his hand and seal . SIGNED, SEALED AND DELIVERED ) GREEN LANE ENVIRONMENTAL in the presence of : ) GROUP LTD . ) ) Per : ) ) ) (Name of Occupant in full ) (Witness to signature of ) Occupant ) ) ) ( signature of Occupant ) - 28 - SCHEDULE "B" to THIS AGREEMENT made this day of , 1994 . BETWEEN : THE CORPORATION OF THE TOWNSHIP OF BAYHAM hereinafter called the "MUNICIPALITY" , OF THE FIRST PART - and - GREEN LANE ENVIRONMENTAL GROUP LTD . and ST . THOMAS SANITARY COLLECTION SERVICE LIMITED hereinafter called the "CONTRACTOR" , OF THE SECOND PART MAXIMUM CONTAINER SERVICE RATES FRONT-END CONTAINER SERVICE ( prices are in dollars per week and include landfill disposal charges ) Frequency of Pick-Up Container size 2yds3 $34 . 40 3yds3 $51 . 60 4yds3 $68 . 80 5yds3 $86 . 00 6yds3 $ 103 . 00 8yds3 $ 137 . 00 TEMPORARY CONTAINER RENTALS ( Terms : cash in advance or AMEX, VISA or Master Charge ) Container size 2yds3 : $ 16 - $20 per lift , plus $5 . 00 per week demurrage, plus $ 10 . 00 for delivery plus then current landfill disposal rates 3yds3 : $22 - $26 per lift , plus $5 . 00 per week demurrage , plus $ 10 . 00 for delivery plus then current landfill disposal rates A - 29 - 4yds3 : $26 - $28 per lift , plus $5 . 00 per week demurrage , plus $ 10 . 00 for delivery plus then current landfill disposal rates 6yds3 : $28 - $ 32 per lift , plus $5 . 00 per week demurrage , plus $ 10 . 00 for delivery plus then current landfill disposal rates 8yds3 : $32 - $40 per lift , plus $5 . 00 per week demurrage , plus $ 10 . 00 for delivery plus then current landfill disposal rates ROLL-OFF SERVICE Container size 20yds3 : $ 125 . 00 per lift , plus $ 10 . 00 per week demurrage , plus $60 . 00 for delivery plus then current landfill disposal rates 40yds3 : $ 125 . 00 per lift , plus $ 10 . 00 per week demurrage , plus $60 . 00 for delivery plus then current landfill disposal rates • CORPORATION OF THE TOWNSHIP OF BAYHAM BY-LAW NO. 94-25 BEING A BY-LAW TO AUTHORIZE THE REEVE AND CLERK TO ENTER INTO AN AGREEMENT WITH GREEN LANE ENVIRONMENTAL GROUP LTD. AND ST. THOMAS SANITARY COLLECTION SERVICE LIMITED FOR THE PROVISION OF WASTE MANAGEMENT SERVICES WHEREAS Section 210(89) of the Municipal Act R.S.O. 1990, Chapter M.45 permits Councils of municipalities to pass by-laws to enter into agreements for contracting with any person for the collection, removal and disposal of garbage; AND WHEREAS the Council of the Township of Bayham deems it necessary to enter into an Agreement with Green Lane Environmental Group Ltd. and St. Thomas Sanitary Collection Service Limited for the collection, removal and disposal of garbage and for the collection and processing of recyclable materials. THEREFORE THE COUNCIL OF THE CORPORATION OF THE TOWNSHIP OF BAYHAM ENACTS AS FOLLOWS. 1. THAT the Reeve and Clerk be and are hereby authorized to execute an Agreement with Green Lane Environmental Group Ltd. and St. Thomas Sanitary Collection Service Limited for the provision of waste management services. 2. THAT the said Agreement is attached hereto as Schedule 'A' and forms a part of this by-law. 3. THAT this by-law shall come into full force and effect upon final passing. READ A FIRST AND SECOND TIME this 2nd day of JUNE 1994 READ A THIRD TIME AND FINALLY PASSED this 2nd day of JUNE 1994. „D,„ 1 if, 0,, REEVE CLERK CORPORATION OF THE TOWNSHIP OF BAYHAM BY-LAW NO. 94-25 BEING A BY-LAW TO AUTHORIZE THE REEVE AND CLERK TO ENTER INTO AN AGREEMENT WITH GREEN LANE ENVIRONMENTAL GROUP LTD. AND ST. THOMAS SANITARY COLLECTION SERVICE LIMITED FOR THE PROVISION OF WASTE MANAGEMENT SERVICES WHEREAS Section 210(89) of the Municipal Act R.S.O. 1990, Chapter M.45 permits Councils of municipalities to pass by-laws to enter into agreements for contracting with any person for the collection, removal and disposal of garbage; AND WHEREAS the Council of the Township of Bayham deems it necessary to enter into an Agreement with Green Lane Environmental Group Ltd. and St. Thomas Sanitary Collection Service Limited for the collection, removal and disposal of garbage and for the collection and processing of recyclable materials. THEREFORE THE COUNCIL OF THE CORPORATION OF THE TOWNSHIP OF BAYHAM ENACTS AS FOLLOWS. 1. THAT the Reeve and Clerk be and are hereby authorized to execute an Agreement with Green Lane Environmental Group Ltd. and St. Thomas Sanitary Collection Service Limited for the provision of waste management services. 2. THAT the said Agreement is attached hereto as Schedule 'A' and forms a part of this by-law. 3. THAT this by-law shall come into full force and effect upon final passing. READ A FIRST AND SECOND TIME this 2nd day of JUNE 1994 READ A THIRD TIME AND FINALLY PASSED this 2nd day of JUNE 1994. AY.i) / REEVE CLERK THIS AGREEMENT made this 2nd day of June , 1994 . BETWEEN : THE CORPORATION OF THE TOWNSHIP OF BAYHAM hereinafter called the "MUNICIPALITY" , OF THE FIRST PART - and - GREEN LANE ENVIRONMENTAL GROUP LTD . and ST . THOMAS SANITARY COLLECTION SERVICE LIMITED hereinafter called the "CONTRACTOR" , OF THE SECOND PART WHEREAS the Contractor has been collecting waste within the territorial limits of the Municipality and transporting and disposing of the same ; AND WHEREAS this collection , transportation and disposal service was carried out pursuant to an Agreement dated January 1 , 1979 which Agreement was frustrated prior to the expiration of its term by reason of the closure in September of 1991 of the Contractor ' s Green Lane Landfill Site in the Township of Southwold ; AND WHEREAS after the closure of the Green Lane Landfill Site the Contractor continued to provide collection, transportation and disposal service on an ad hoc basis pending authorization to re-open the Green Lane Landfill Site ; AND WHEREAS such service includes or is to include the curbside collection and separation of recyclables as part of a Class 1 curbside collection system under an agreement between the Ministry of the Environment and Energy and the Municipality , curbside collection of compostibles and the operation of a household hazardous waste depot ; AND WHEREAS the parties have agreed upon the terms and conditions under which the Contractor shall continue to provide the waste management services , as aforesaid, within the territorial limits of the Municipality and to augment such waste management services by receiving for disposal at the Green Lane Landfill Site brush and "one-man" concrete rubble , asphalt and brick rubble and to further augment such waste management service with such on-going enhancements as may be negotiated between the parties during the term of this Agreement ; - 2 - NOW THEREFORE THIS AGREEMENT WITNESSETH that in consideration of the mutual covenants contained herein , the parties hereto covenant and agree as follows : DEFINITIONS 1 . In this Agreement , 1 . 1 "ashes " means the residue of any fuel after such fuel has been consumed by fire . 1 . 2 "Blue Box Agreement " means the Agreement in effect on the date of this Agreement between Her Majesty the Queen in Right of Ontario as Represented by the Minister of the Environment , as the Party of the First Part , and the Municipality , as the Party of the Second Part which provides for the Party of the First Part to contribute to the Municipality a portion of the Municipality ' s costs of a "blue box" curbside collection program . 1 . 3 "Certificate of Approval " means the Provisional Certificate of Approval issued by the Ontario Ministry of the Environment under the Environmental Protection Act R. S . O . 1990 , Chap . E . 19 , as amended, in respect of the Green Lane Landfill Site by virtue of which the Contractor is permitted to resume waste disposal operations at the Green Lane Landfill Site . 1 . 4 "Clerk" means the Municipality ' s Clerk for the time being or such person as is named by him or by the Council of the Municipality in writing . 1 . 5 "Commencement Date " means the first ( 1't ) day of March , 1994 . 1 . 6 "commercial business " means a non-industrial business establishment located within the territorial limits of the Municipality and for the purposes of this Agreement all hospitals , libraries , churches and clubs so located and as well , all facilities owned and operated by or on behalf of the Municipality whether within or beyond the territorial limits of the Municipality shall be deemed to be commercial businesses . 1 . 7 "compostible material " includes all organic leaf and yard waste including mechanically chipped brush ; all herbaceous kitchen waste , such as vegetable peelings and leaves ; kitchen paper waste , such as box board and - 3 - waxed papers ; cereals ; hair ; egg shells ; and coffee grounds . 1 . 8 "dwelling unit " means one or more habitable rooms occupied by an individual or family as an independent and separate housekeeping establishment . 1 . 9 " force majeure " means an occurrence beyond the reasonable control of the party claiming suspension of an obligation hereunder , which has not been caused by such party ' s negligence and which such party was unable to prevent or provide against by the exercise of reasonable diligence at a reasonable cost and includes , without limiting the generality of the foregoing , an act of God, war , revolution, insurrection, blockage , riot , strike , a lockout or other industrial disturbance , fire , lightning , unusually severe weather , storms , floods , explosion , accident , shortage of labour or materials or government restraint , action , delay or inaction . 1 . 10 "garbage " includes all rejected, abandoned or discarded inert rubbish including recyclable hard plastic , plastic bags , waste kitchen wrappers , crockery , bones , oils , gravy , fats and waste cooked food; unused clothing ; Christmas trees ; furniture ; fill ; broken plaster , treated lumber , and other non-recyclable material from building alterations or repairs where such waste results from alterations or repairs to a single family dwelling performed by the owner or occupant thereof . 1 . 11 "Green Lane Landfill Site" means that landfill waste disposal site located on Part of Lots 21 , 22 and 23 , Concession III , in the Township of Southwold, in the County of Elgin which is regulated under Provisional Certificate of Approval No . A051601 issued by the Ontario Ministry of the Environment under the Environmental Protection Act R . S . O . 1990 , Chap . E . 19 , as amended . 1 . 12 "multiple dwelling" means a residential building which contains more than one ( 1 ) dwelling unit . 1 . 13 "Previous Agreement" means the above recited Agreement made between the parties hereto and dated January 1 , 1979 pursuant to which the Contractor previously - 4 - collected waste from within the territorial limits of the Municipality . 1 . 14 " recyclable material " includes all washed , rinsed and delabelled glass bottles , food cans and beverage cans ; uncontaminated newspapers , inserts , circulars , magazines , telephone directories , household and office papers and mail ; clean and flattened cardboard; and all plastic bottles with either a " 1 " or a " 2 " in a mobius loop on the bottle . 1 . 15 " residential building" means a building containing one ( 1 ) or more dwelling units which is located within the territorial limits of the Municipality . 1 . 16 " school " means an elementary or secondary school located within the territorial limits of the Municipality that is under the jurisdiction of the Elgin County Board of Education or of the Elgin County Roman Catholic Separate School Board . 1 . 17 " single-family dwelling" means a residential building which contains not more than one ( 1 ) dwelling unit . 1 . 18 "waste" means all waste generated, produced or created within the territorial limits of the Municipality or by any facility owned and operated by or on behalf of the Municipality outside of such territorial limits and includes ashes and garbage so generated, produced or created but excludes : 1 . 18 . 1 compostible material ; 1 . 18 . 2 recyclable material ; 1 . 18 . 3 explosive or highly combustible material of any nature ; 1 . 18 . 4 car bodies ; 1 . 18 . 5 sheet iron and scrap metal ; 1 . 18 . 6 tree stumps and trees having a diameter greater than ten ( 10 " ) inches or a length greater than four ( 4 ' ) feet ; 1 . 18 . 7 any corrosive or toxic material ; 1 . 18 . 8 any carcasses of animals ; 1 . 18 . 9 liquid waste ; 1 . 18 . 10 waste of any nature and kind as is now or may hereafter at any time be prohibited for disposal at the Green Lane Landfill Site by reason of any statute or regulation of the Province of Ontario now or hereafter enacted, promulgated or amended . - 5 - WORK TO BE PERFORMED AND FREQUENCY 2 . Commencing on the Commencement Date and ending on the fifth ( 5th ) anniversary of the Commencement Date , the Contractor agrees to perform the following work : 2 . 1 The Contractor shall collect , transport and dispose of wastes in accordance with the terms and conditions of this Agreement and such service shall consist of the pick-up of the waste of each residential building and of each commercial business where : 2 . 1 . 1 the waste , in the case of a single-family dwelling , is placed adjacent to the travelled portion of the assumed public street upon which such dwelling fronts ; or 2 . 1 . 2 the waste , in the case of a multiple dwelling with less than seven ( 7 ) dwelling units , is placed adjacent to the travelled portion of the assumed public street upon which it fronts or at such other readily accessible place as is designated by the Clerk; or 2 . 1 . 3 the waste , in the case of a commercial business , is placed adjacent to the travelled portion of the assumed public street upon which it fronts or adjacent to an accessible lane or alley servicing the premises ; or 2 . 1 . 4 the waste , in the case of a dwelling unit in a commercial building which has less than three ( 3 ) dwelling units , is placed adjacent to the travelled portion of the assumed public street upon which the commercial building fronts or adjacent to an accessible lane or alley servicing the commercial building; and where such waste : 2 . 1 . 5 is in a garbage can or cans with conveniently located handles , the volume of each of which is not more than two ( 2 ft3 ) cubic feet and the weight or the waste in each can is not more than seventy-five ( 75 lbs ) pounds , or 2 . 1 . 6 is in a securely tied plastic bag or bags and the contents of each of such bags does not exceed two - 6 - ( 2 ft) ) cubic feet in volume or seventy-five ( 75 lbs ) pounds in weight , or 2 . 1 . 7 is in a securely tied bundle or bundles , each of which is not heavier than seventy-five ( 75 lbs ) pounds and the longest dimension of which is not more than four ( 4 ft ) feet ; but , save as hereinafter provided, the Contractor shall not be required to collect hereunder , 2 . 1 . 8 from a multiple dwelling which contains seven ( 7 ) or more dwelling units , or 2 . 1 . 9 in the case of a multiple dwelling which contains less than seven ( 7 ) dwelling units , more than a total of six ( 6 ) of such cans , bags or bundles per dwelling unit therein per pick-up , or 2 . 1 . 10 from a multiple dwelling development on property under common ownership which has seven ( 7 ) or more dwelling units unless they all front on an assumed public street , or 2 . 1 . 11 in the case of a multiple dwelling development which has less than seven ( 7 ) dwelling units on property under common ownership or which has dwelling units which all front on an assumed public street , more than a total of six ( 6 ) of such cans , bags or bundles per dwelling unit therein per pick-up , or 2 . 1 . 12 from a dwelling unit in a commercial building which has seven ( 7 ) or more dwelling units , or 2 . 1 . 13 in the case of a commercial building which has less than seven ( 7 ) dwelling units , more than a total of six ( 6 ) of such cans , bags or bundles per dwelling unit therein per pick-up, or 2 . 1 . 14 in the case of each commercial business , more than a total of fourteen ( 14 ) of such cans , bags or bundles per pick-up, or 2 . 1 . 15 in the case of each single-family dwelling, more than a total of six ( 6 ) of such cans , bags or bundles per pick-up ; - 7 - and such service shall be provided to each residential building and to each commercial business once every two ( 2 ) weeks during the term of this Agreement . 2 . 2 The Contractor shall carry out a class 1 Blue Box curbside collection programme having regard for the Blue Box Agreement and shall collect , transport , process and market recyclable materials so collected and the following provisions shall apply to that class 1 Blue Box curbside collection programme : 2 . 2 . 1 In carrying out the said class 1 Blue Box curbside collection programme , the Contractor shall include in the collection programme the collection of recyclable material from multiple dwellings having more than seven ( 7 ) dwelling units , notwithstanding that the Contractor is not required to collect , transport and dispose of waste from such multiple dwellings pursuant to paragraph 2 . 1 of this Agreement . 2 . 2 . 2 The said class 1 Blue Box curbside collection of recyclable material will occur on the same day as regular garbage collection "beats " on a bi-weekly basis , with the collection of compostibles occurring bi-weekly in the off week when regular garbage collection does not occur . 2 . 2 . 3 When collecting waste from commercial businesses as required by paragraph 2 . 1 of this Agreement , the Contractor will also collect without any additional charge to the Municipality or to the commercial business all recyclable material which has been placed for collection in accordance with said paragraph 2 . 1 . 2 . 3 The Contractor shall cooperate with the Municipality in any initiative which the Municipality may take to encourage the segregation of waste for separate pick-up and, in that connection, refrain from collecting for transportation and disposal such wastes as the Clerk may designate in writing from time to time notwithstanding that the Contractor is otherwise required to collect the same pursuant to paragraph 2 of this Agreement . - 8 - 2 . 4 Upon the written request of the Clerk, and after settling a mutually acceptable additional charge for doing so , the Contractor shall , collect for transportation and disposal wastes that have been segregated for separate pick-up as contemplated in paragraph 2 . 3 of this Agreement . 2 . 5 The Contractor shall cooperate with the Municipality in any initiative which the Municipality may take to encourage industry and commercial operations to segregate and recycle waste , including assisting the Municipality to identify generators of wastes which , if separated , could be recovered and recycled . PAYMENT OF ANNUAL CONTRACT PRICE 3 . For the performance of the work required by this Agreement , the parties agree that , subject to increases or decreases as provided for in this Agreement , the Contractor shall be paid therefor as follows : 3 . 1 The Municipality agrees to pay the Contractor during the term of this Agreement at the rate of $ 105 . 00 per household times ( x ) the number of households in the Municipality per year and being in the first year of this Agreement the sum of ONE HUNDRED AND FIFTY-ONE THOUSAND, SIX HUNDRED AND TWENTY ( $ 151 , 620 . 00 ) DOLLARS per year but such annual contract price shall be increased or decreased at the end of each contract year of the term of this Agreement by an amount calculated in accordance with the following formula : Latest CPI - May 1993 CPI Latest Population - 1992 Population $151,620.00 x May 1993 CPI + 1992 Population and for the purposes of this paragraph 3 . 1 , 3 . 1 . 1 "Latest CPI " and "Latest Consumer Price Index" means the "all items " Consumer Price Index ( 1986 = 100 ) for December of the year of the calculation as published by Statistics Act ; 3 . 1 . 2 "Latest population" means the number of households within the territorial limits of the Municipality as established by the local regional assessment office of the Ministry of Revenue as delivered to - 9 - the Municipality on the first day of November in the year preceding the year to which the calculation relates unless the population for such preceding year is not so established in which case the population shall be estimated on a reasonable basis by the Municipality ' s Clerk having regard to the population for the preceding five ( 5 ) years and any extraordinary circumstances such as an annexation or a significant immigration to or emigration of persons residing within the territorial limits of the Municipality; 3 . 1 . 3 " 1992 Population" means the population residing within the territorial limits of the Municipality as established by the said Ministry as delivered to the Municipality as of November 1 , 1992 ; 3 . 1 . 4 The parties agree that the Consumer Price Index for May of 1993 was 130 . 1 and that the population as of November 1 , 1992 was ONE THOUSAND , FOUR HUNDRED AND FORTY-FOUR ( 1 , 444 ) households ; and 3 . 2 During the first year of the term of this Agreement , the Municipality shall pay the Contractor the sum of TWELVE THOUSAND , SIX HUNDRED AND THIRTY-FIVE ( $ 12 , 635 . 00 ) DOLLARS on the Fifteenth ( 15th ) day of each month . In addition, there shall be paid to the Contractor , on or before the fifteenth ( 15th) day of the third month of the second year of this Agreement , the amount by which the annual contract price calculated pursuant paragraph 3 . 1 for the first year exceeds the sums of money actually paid in the first year . If the payments made in the first year exceed the annual contract price , the amount of such excess shall be deducted from the payment due to the Contractor in the third month of the second year . 3 . 3 During the second year of this Agreement , the Municipality shall pay to the Contractor : 3 . 3 . 1 On the fifteenth ( 15th) days of the first two ( 2 ) months of the second year, one twelfth ( 1/ 12 ) of the annual contract price ; and 3 . 3 . 2 On the fifteenth ( 15th) day of each month for the balance of the second year , an amount equal to one - 10 - twelfth ( 1 / 12 ) of the annual contract price payable during the first year; and 3 . 3 . 3 On the fifteenth ( 15th ) day of the third month of the second year , a payment of twice the amount , if any, by which the monthly payments in paragraph 3 . 3 . 2 exceed the monthly payments in paragraph 3 . 3 . 1 . In addition , the Municipality shall pay to the Contractor on or before the fifteenth ( 15th ) day of the third month of the third year the amount by which the annual contract price calculated pursuant to paragraph 3 . 1 for the second year exceeds the sums of money actually paid in the second year . If the payments made in the second year exceed the annual contract price calculated pursuant to paragraph 3 . 1 for the second year , the amount of such excess shall be deducted from the payment due to the Contractor in the third month of the third year . 3 . 4 The payments for the third, fourth and fifth years of the term of this Agreement shall be made in accordance with paragraph 3 . 3 , mutatis mutandus . 3 . 5 Before making any payment for the work to be performed pursuant to this Agreement , the Municipality may require the Contractor to satisfy the Municipality that all claims against the Contractor for labour , materials , things hired or supplied upon or for such work, have been paid or satisfied, or if any such valid claims are found to exist , may pay such sum and the Contractor shall reimburse the Municipality for such payment within two days , or the Municipality may, at its option , withhold from the payment due , sufficient amounts to satisfy such valid claim or claims . CONTRACTORS ' COVENANTS 4 . The Contractor covenants and agrees with the Municipality as follows : 4 . 1 The Contractor shall , at its expense , provide sufficient personnel , trucks and equipment to collect , transport and dispose of all waste , compostible material and recyclable materials required to be collected by it pursuant to this Agreement . I • • - 11 - 4 . 2 In collecting and transporting such waste , compostible material and recyclable materials , the Contractor shall , at its expense , use trucks mounted on an adequate chassis and provided with fully enclosed steel bodies with machinery capable of packing and unloading such material . 4 . 3 The Contractor shall , at its expense , be responsible for the maintenance and repair and all operating costs of the trucks and equipment used in collecting, transporting and disposing of such waste , compostible material and recyclable materials , including the necessary licenses , insurance and fuel . 4 . 4 The Contractor shall , at its expense , maintain all trucks and equipment used in collecting or transporting such waste , compostible material and recyclable materials in a clean condition . 4 . 5 The Contractor shall , at its expense , ensure that each of its employees has a neat and clean appearance while collecting or transporting waste , compostible material and recyclable materials within the territorial limits of the Municipality . 4 . 6 The Contractor shall , at its expense , submit to the Clerk for his or her approval , a complete programme for the bi-weekly collection and transportation of waste , compostible material and recyclable materials throughout the territorial limits of the Municipality in a manner consistent with the recycling programmes referred to in paragraph 2 of this Agreement . 4 . 7 The Contractor shall , at its expense , obtain the approval of the Clerk for all changes in the collection schedule prior to making any changes . 4 . 8 The Contractor shall , at its expense , advertise all changes in schedules approved by the Clerk in a newspaper having general circulation within the territorial limits of the Municipality . 4 . 9 The Contractor shall , at its expense , make all collections which fall on statutory holidays on the following day or at another time satisfactory to the Clerk . - 12 - 4 . 10 The Contractor shall , at its expense , make any special collection required by the Municipality upon mutually agreed to terms and conditions . 4 . 11 The Contractor shall , at its expense , return each garbage can , Blue Box and compost container to the place where it was found after collecting the material from it . 4 . 12 The Contractor shall , at its expense , pay for any damage caused by the Contractor or by its servants or workmen to any garbage can or Blue Box or compost container in which material is placed for pick-up pursuant to this Agreement . 4 . 13 The Contractor shall , at its expense , operate during the term of this Agreement its existing transfer station site on Highway 19 , in the South part of Lot 16 , Concession 5 , in the Township of Bayham ( being PARTS 1 and 2 , on Reference Plan 11R-3883 ) which will include a roll off recycling depot , a scrap steel container and two containers for wood chips from old lumber , garden waste , wax paper cartons and similar material and the following provisions shall apply in relation to the transfer station : 4 . 13 . 1 The Contractor shall accept for disposal all waste , except concrete rubble , brought to such transfer station on Mondays , Wednesdays and Fridays of each week during the term of this Agreement , except statutory holidays , between the hours of 8 : 00 a .m. and 5 : 00 p .m. and, subject to any different arrangement which may be mutually agreed upon with the Clerk . 4 . 13 . 2 Charges to be paid by the Municipality to the Contractor for such disposal from the transfer station shall be at the rate of SIXTY-FIVE ( $65 . 00 ) DOLLARS per ton or part thereof which disposal charges are to be shared with The Corporation of the Village of Port Burwell ( hereinafter referred to as the "Village of Port Burwell " ) and The Corporation of the Village of Vienna ( hereinafter referred to as the "Village of Vienna" ) in the same proportion as the number of households in their respective municipalities in 1992 ; and commencing on the first anniversary of the Commencement Date and on each anniversary date - 13 - thereafter , the rate prescribed in this paragraph 4 . 13 . 2 shall be either increased or decreased and rounded to the nearest five ( 5� ) cents in the same proportion and in accordance with the same calculation by which the annual contract price is adjusted in accordance with paragraph 3 . 1 of this Agreement but before the Contractor may implement any increase , the Contractor shall give to the Municipality at least thirty ( 30 ) days ' prior written notice thereof . 4 . 13 . 3 For the purposes of the sharing of the disposal charges as contemplated in paragraph 4 . 13 . 2 , the apportionment thereof shall be based on the 1992 number of households in each municipality which the parties agree are as follows : Bayham Township 1 , 444 households Village of Port Burwell 431 households Village of Vienna 163 households ; so that the Municipality shall pay to the Contractor 71% of the per ton disposal charge for all waste received at such transfer station and the Contractor will look to the Village of Port Burwell for a 21% portion of each per ton disposal charge and to the Village of Vienna for an 8% portion of each per ton disposal charge . 4 . 13 . 4 The Contractor shall , at its expense , remove the waste placed in such transfer station , daily , but if the removal on that basis is insufficient to normally accommodate such waste , the Contractor shall provide a larger or additional containers or remove the contents more frequently . 4 . 14 The Contractor shall , at its expense , operate in conjunction with its transfer station located on Highway 19 , in the South part of Lot 16 , Concession 5 , in the Township of Bayham ( being PARTS 1 and 2 , on Reference Plan 11R-3883 ) Southwold Street in the Township of Yarmouth a household hazardous waste depot both under the authority of and in accordance with the Certificate of Approval and also under the authority of and in accordance with Certificate of Approval No . A051708 issued to the Municipality under the Environmental Protection Act R. S . O . 1990 , Chap . E . 19 , - 14 - as amended , and the following provisions shall apply to the operation of such household hazardous waste depot : 4 . 14 . 1 The Contractor shall operate the household hazardous waste depot and provide the services of a qualified , trained receiver of hazardous waste on a Monday and Tuesday in May of each year during the term of this Agreement , which Monday and Tuesday shall be determined by agreement between the Contractor and the Clerk and the dates of which will be adequately announced, between the hours of 8 : 00 a .m. and 12 : 00 p . m. , subject to any different arrangement which may be mutually agreed upon with the Clerk . 4 . 15 The Contractor shall accept for disposal at the Green Lane Landfill Site , all waste from the Municipality ' s present and future operations , including building demolition materials , if lawfully permitted for disposal at the Green Lane Landfill Site , for a charge by the Contractor to the Municipality for such disposal service at the rate of SIXTY-FIVE ( $65 . 00 ) DOLLARS per ton or part thereof ; and commencing on the first anniversary of the Commencement Date and on each anniversary date thereafter , the rate prescribed in this paragraph 4 . 15 shall be either increased or decreased and rounded to the nearest five ( 5 ) cents in the same proportion and in accordance with the same calculation by which the annual contract price is adjusted in accordance with paragraph 3 . 1 of this Agreement but before the Contractor may implement any increase , the Contractor shall give to the Municipality at least thirty ( 30 ) days ' prior written notice thereof . 4 . 16 Notwithstanding the charges contemplated by paragraph 4 . 15 , without charge to the Municipality , the Contractor will accept for chipping at the transfer station referred to paragraph 4 . 13 all yard waste , brush and tree cuttings from the Municipality ' s present and future operations so long as the same are delivered to the said transfer station between the hours of 8 : 00 a .m. and 4 : 00 p .m. on Mondays through Saturdays , except statutory holidays , or such other times as may be mutually agreed upon with the Clerk . - 15 - 4 . 17 The Contractor shall , at its expense , transport , process , market and dispose of all material collected by the Contractor in accordance with this Agreement . 4 . 18 The Contractor shall ensure that someone in the Contractor ' s employ who is satisfactory to the Clerk will be available to receive instructions from those designated by the Municipality and to receive all complaints and that such person will take appropriate action in respect of such instruction or complaints in keeping with the terms of this Agreement . 4 . 19 The Contractor shall , at its expense , ensure that all work and things required to be done by it under this Agreement shall be supervised by it and performed in a manner satisfactory to the Municipality . 4 . 20 The Contractor shall render reasonable assistance to the Municipality in completing authorized governmental questionnaires by providing such information as is reasonably available to the Contractor concerning the collection , transportation and disposal of waste pursuant to this Agreement . 4 . 21 The Contractor shall , at its expense , comply with all provincial statutes and regulations in the collection , transportation and disposal of waste collected within the territorial limits of the Municipality . 4 . 22 The Contractor shall upon written request , collect , transport and dispose of waste and recyclable material and compostible material in excess of the amount for which collection service is provided under this Agreement for a charge not to exceed those specified in paragraph 6 of this Agreement for such service . 4 . 23 The Contractor shall accept for disposal at a disposal rate not exceeding SIXTY-FIVE ( $65 . 00 ) DOLLARS per ton or part thereof waste generated by an industry located within the territorial limits of the Municipality provided that such waste 4 . 23 . 1 is brought to the Green Lane Landfill Site in a suitable vehicle and in loads of not less than ten ( 10 yd' ) cubic yards or three ( 3 ) tons , which ever is less , and - 16 - 4 . 23 . 2 is produced within the territorial limits of the Municipality; and commencing on the first anniversary of the Commencement Date and on each anniversary date thereafter , the rate prescribed in this paragraph 4 . 23 shall be either increased or decreased and rounded to the nearest five ( 5 ) cents in the same proportion and in accordance with the same calculation by which the annual contract price is adjusted in accordance with paragraph 3 . 1 of this Agreement but before the Contractor may implement any increase , the Contractor shall give to the Municipality at least thirty ( 30 ) days ' prior written notice thereof . CONTRACTOR COVENANTS 5 . The Contractor covenants and agrees that , in providing such collection, transportation and disposal service , it shall not : 5 . 1 use open bodied vehicles for transferring or transporting garbage within the territorial limits of the Municipality; 5 . 2 permit advertising of any kind on any of its trucks and equipment except the name of the Contractor or its trade name or its address ; 5 . 3 make any collection on Sundays or on Christmas and New Years days ; or 5 . 4 make any charge for such collection, transportation and disposal of waste , except as provided in this Agreement . ADDITIONAL CHARGES 6 . The parties further agree as follows : 6 . 1 where , during the term of this Agreement , a person or corporation , from whom, in accordance with paragraph 2 of this Agreement , the Contractor is required to collect waste , has waste in excess of that so required to be collected, the Contractor shall not charge in excess of TWENTY-ONE ( $21 . 00 ) DOLLARS per cubic yard or part thereof to collect , transport and dispose of such excess and such rate shall apply whether or not the • - 17 - Contractor provides a waste disposal container to facilitate the collection of the waste ; 6 . 2 where , during the term of this Agreement , a commercial business from which, in accordance with paragraph 2 of this Agreement , the Contractor is required to collect waste or recyclable material or compostible material , has waste , recyclable material or compostible material in excess of that so required to be collected by the Contractor under this Agreement , the Contractor shall provide for the handling of such excess upon the occupant of such commercial business premises executing an agreement in substantially the form of that attached hereto and marked as Schedule "A" to this Agreement ; 6 . 3 where the Contractor on request places a waste disposal container within the territorial limits of the Municipality or at any facility owned and operated by or on behalf of the Municipality outside the territorial limits of the Municipality , the charge for the use of such container and for the disposal of the waste collected in it shall , during the term of this Agreement , not exceed, without the consent by resolution of the Council of the Municipality, the rates set forth in Schedule "B" to this Agreement ; and where a person or corporation from whom, in accordance with paragraph 2 of this Agreement , the Contractor is required to collect waste , contracts with the Contractor for such a waste disposal container and does not use the collection service as provided in paragraph 2 of this Agreement , then the maximum rates set forth in Schedule "B" to this Agreement shall be reduced by ten ( 10% ) percent of the rate charged for one weekly pick-up of such containers ; 6 . 4 commencing on the first anniversary of the Commencement Date and on each anniversary date thereafter, the rates prescribed in clauses 6 . 1 and 6 . 3 of this Agreement and in the commercial business agreements entered into as contemplated in clause 6 . 2 shall be either increased or decreased and rounded to the nearest five ( 5 ) cents in the same proportion and in accordance with the same calculation by which the annual contract price is adjusted in accordance with paragraph 3 . 1 of this Agreement but before the Contractor may implement any increase , the Contractor shall give to the Municipality at least thirty ( 30 ) days ' prior written notice thereof . - 18 - WORKER ' S COMPENSATION 7 . The Contractor shall at all times pay or cause to be paid any assessment or compensation required to be paid pursuant to the Worker ' s Compensation Act , and upon failure to do so , the Municipality may pay such assessment or compensation to the Worker ' s Compensation Board and may thereafter deduct such sums from any moneys then payable to the Contractor or recover such sums from the Contractor . The Contractor shall , at the time of the execution of this Agreement with the Municipality , make a statutory declaration that all assessments have been paid and the Municipality may , at any time during the performance or upon the completion of this Agreement , require a further declaration that such assessments or compensation have been paid . INSURANCE 8 . Upon the execution of this Agreement , the Contractor shall provide the Municipality at the Contractor ' s expense with 8 . 1 a policy from an insurance company approved by the Municipality and authorized to carry on business in Canada which policy shall 8 . 1 . 1 name the Contractor and the Municipality as insured, 8 . 1 . 2 insure the Contractor and the Municipality against all claims and demands resulting from or in any way connected with the execution of this Agreement by the Contractor , and 8 . 1 . 3 have an inclusive limit at least equal to two million ( $2 , 000 , 000 . 00 ) dollars and which policy shall remain in force during the term of this Agreement ; 8 . 2 a policy from an insurance company approved by the Municipality and authorized to carry on business in Canada which policy shall 8 . 2 . 1 insure the Contractor against liability from bodily injury and property damage caused by vehicles owned by the Contractor and used in connection with the work required to be performed pursuant to this Agreement and against liability - 19 - for bodily injury and property damage caused by vehicles not owned by the Contractor but used in connection with such work, and 8 . 2 . 2 have an inclusive limit of at least two million ( $2 , 000 , 000 . 00 ) dollars and which policy shall remain in force during the term of this Agreement . INDEMNIFICATION OF MUNICIPALITY 9 . The Contractor covenants and agrees to indemnify and save harmless the Municipality and each of its officers , servants and agents from and against all actions , suits , claims , executions and demands which may be brought against or made upon the Municipality , its officers , servants and agents and from all losses , costs , charges , damages , liens and expenses which may be paid, sustained, or incurred by the Municipality , its officers , servants and agents by reason of or on account of or in consequence of the execution and performance of the work or the non-execution or imperfect execution and performance thereof or of a supplier , and or non-supply of plant or material therefor ; and the Contractor covenants and agrees to pay to the Municipality on demand, all such losses and costs , charges , damages , liens or expenses which may be paid, sustained or incurred by the Municipality or by any of its officers , servants or agents in consequence of any such action , suit , claim, lien , execution or demand, and any moneys paid or payable by the Municipality or any of its officers , servants or agents in discharge thereof or on account thereof ; and the Contractor covenants and agrees that in default of such payment all such losses and costs , charges , damages , liens and expenses , and any moneys so paid or payable by the Municipality , its officers , servants , or agents , and also any moneys payable by the Contractor under any of the terms and conditions of this Agreement may be deducted from any moneys of the Contractor then remaining in the possession of the Municipality on account of this or any other contract or may be recovered from the Contractor ; and the Municipality hereby authorizes and empowers the Contractor or its Solicitors for the time being to defend, settle or compromise any such actions , suits , claims , liens , executions or demands as the Contractor , or its Solicitors may deem expedient , and also hereby agrees to ratify and confirm all the acts of the Contractor and its Solicitors in that behalf , provided that if the Contractor does not take up such defence and pursue it with diligence , then, upon notice to the Contractor, the Municipality may defend and, • 20 - in such circumstances , the Contractor hereby authorizes and empowers the Municipality or its Solicitor for the time being , to defend, settle or compromise any such actions , suits claims , liens , executions or demands as the Municipality or its said Solicitor may deem expedient , and also hereby agrees to ratify and confirm all acts of the Municipality or its Solicitor in that behalf and to pay the said Solicitor on demand his reasonable cost of defending , settling or compromising any such actions , suits , claims , liens , executions or demands as the Municipality may deem it expedient to defend, settle or compromise , and in default of such payment , the same may be deducted from any moneys payable by the Municipality to the Contractor on any account whatsoever . DEFAULT 10 . If the Contractor shall neglect or refuse to do any of the works herein required to be performed by it , or if it becomes bankrupt or insolvent , or compounds with its creditors , or commits any act of bankruptcy or shall transfer , assign , or sublet or attempt to transfer , assign or sublet this Agreement , or any part thereof , or any rights thereunder without the consent of the Municipality; or if at any time such work, or any part thereof is , in the judgment of the Council of the Municipality , not executed or not being executed in a sound and workmanlike manner to its satisfaction and in all respects in strict conformity with this Agreement , or if the Contractor shall refuse or neglect to alter any defective or unsatisfactory work, or to comply with any order which it might receive from the Council of the Municipality, or if the Contractor shall persist in the Breach of any of the provisions of this Agreement , then , and in each and every such case , after twenty-four ( 24 ) hours written notice from the Council of the Municipality to the Contractor , the Council of the Municipality shall have the full right and power , at its discretion , without process or action at law, to take the whole of such work, or any parts thereof specified in the said notice , out of the hands of the Contractor and the Contractor , upon receiving notice to that effect shall give up the said work, or the part or parts thereof specified in the said notice , peaceably to the Municipality , which may either re-let the same to any other person or persons with or without its being previously advertised or may employ workmen and provide materials , tools , transportation and all other necessary things at the expense of the Contractor , or may take such other steps as it , the Municipality , may consider necessary or advisable in 21 order to secure the completion of the said work , to the Municipality ' s satisfaction ; and the Contractor in every case shall be liable for all damages , expenditures , and extra expenditures for all additional cost of such work which may be incurred by reasons thereof , and the same may be deducted from any moneys owing to the Contractor or may be collected from the Contractor by the Municipality . The fulfilment by the Contractor of any provision of this Agreement may be enforced by legal proceedings and judgment , or order of a Court , without prejudice to any other remedy herein contained . When such work, or any part thereof , is taken out of the hands of the Contractor as herein provided, it shall in no way affect the relative obligations of the Municipality and the Contractor in respect of its obligation, or in respect of the remainder of such work, if any . If any balance of the money payable by the Municipality hereunder , shall remain in the hands of the Municipality upon the expiration of this Agreement , the same shall be payable to the Contractor or the person legally representing it ; but neither the Municipality nor any officer thereof shall be liable or accountable to the Contractor in any way for the manner in which , or at the price at which the said work, or any portion thereof may have been or may be done or completed by the Clerk. Payment for any portion of the work called for by the Contractor, shall not be deemed to be a waiver by the Municipality of the right to abrogate this Agreement for abandonment , delay or any other reason hereinbefore provided . NOTICE TO CONTRACTOR 11 . Any notice or communication to the Contractor shall be deemed to be well and sufficiently given and served if handed to any officer , clerk or agent of the Contractor , or if mailed to the Contractor by prepaid registered mail addressed to it at Green Lane Environmental Group Ltd. and St . Thomas Sanitary Collection Service Limited, Post Office Box P . O. Box 589 , St . THOMAS , Ontario N5P 4B1 or to such other address as may hereafter be specified. Where notice is given by registered mail , it shall be deemed to have been received on the fourth ( 4th) business day after it is mailed unless postal employees at the point of mailing or at the point of delivery are on strike at any time during 22 - the four business days following the time of mailing in which event it shall be effective when delivered to the addressee . In any notice to the Contractor in respect of any work of any nature required to be done under any of the provisions of this Agreement , or of any other matter , it shall not be obligatory upon the Municipality to specify minutely or in detail everything required, nor as to the precise place or places where the work may be defective or faulty , or where any of the requirements of this Agreement have not been observed; but a reference in such notice to the clause or clauses bearing upon the matter and a description of the locality in general terms and sufficiently clear to indicate where the defect or trouble exists , shall be deemed to be and shall be ample notice . OVERHOLDING 12 . At any time prior to the expiration of the five ( 5 ) year term of this Agreement , either party may give notice to the other that it desires to enter into negotiations for a renewal of this Agreement upon such terms and conditions as may be agreed upon . Until such renewal has been settled, notwithstanding the expiration of the five ( 5 ) year term of this Agreement , if and so long thereafter as the Green Lane Landfill Site remains eligible to receive for disposal waste that is generated from within the territorial limits of the Municipality , the terms and conditions of this Agreement shall continue with all appropriate adjustments of language and to the annual contract price as may be required . If a renewal has not been settled by the time of the expiration of the term of this Agreement , thereafter either party may terminate the continuation of this Agreement by giving to the other party six ( 6 ) months ' notice to that effect . ASSIGNING 13 . The Contractor shall keep the work under its direct control , and shall not assign , transfer or sublet any portion without first obtaining the written consent of the Municipality . The consent of the Municipality to any such assignment , transfer or subletting shall not , however , relieve the Contractor of any responsibility for the proper execution and completion of the work according to the terms and conditions of this Agreement ; and the Contractor shall either in person or through an accredited agent , receive all notices , communications , orders , instructions or legal service , as if it were performing the work with its own plant and its own men . - 23 - INVALIDITY 14 . The invalidity of any particular provision of this Agreement shall not affect any other provision of it , but this Agreement shall be construed as if the invalid provision had been omitted . FORCE MAJEURE 15 . The parties further agree as follows : 15 . 1 if any party is prevented by force majeure from fulfilling any obligations hereunder , the obligations of the party, in so far only as its obligations are affected by the force majeure , shall be suspended while the force majeure continues to prevent the performance of such obligation and for that time thereafter as that party may reasonably require to commence to fulfil such obligation . A party prevented from fulfilling any obligation by force majeure shall promptly give the other party notice of the force majeure and the affected obligations , including reasonably full particulars in respect thereof ; 15 . 2 the party claiming suspension of an obligation as aforesaid shall promptly remedy the cause and effect of the applicable force majeure , in so far as it is reasonably able to do so , and such party shall promptly give the other party notice when the force majeure ceases to prevent the performance of the applicable obligation . However , the terms of settlement of any strike , lockout or other industrial disturbance shall be wholly in the discretion of such party , notwithstanding subparagraph 1 . 9 of this Agreement , and that party shall not be required to accede to the demands of its opponents in any strike , lockout or industrial disturbance solely to remedy promptly the force majeure thereby constituted; and 15 . 3 notwithstanding anything contained in this paragraph 15 , lack of finances shall not be considered a force majeure , nor shall any force majeure suspend any obligation for the payment of money due hereunder . ENTIRE AGREEMENT 16 . This Agreement constitutes the entire understanding , contract and agreement between the parties hereto and - 24 - supersedes all prior oral or written undertakings , agreements or contracts , formal or informal between the parties hereto or their respective representatives with respect to the collection , transportation , processing , marketing and disposing of waste that is generated from within the territorial limits of the Municipality , including , without limiting the generality of the foregoing , the Previous Agreement . HEADINGS 17 . The headings to the paragraphs of this Agreement are for convenience only and are not to be considered a part of this Agreement and do not in any way limit or amplify the terms and conditions of this Agreement . IN WITNESS WHEREOF the Corporate Seals of the parties hereto have been hereunto affixed and attested to by the hands of their respective proper signing officers . SIGNED , SEALED AND DELIVERED ) THE CORPORATION OF THE in the resence of : ) TOWNSHIP OF BAYHAM } Per : -21b 407<rj----b Execution and delivery by ) Reeve The Corporation of the ) ! / Township of Bayham ) ii , authorized by By-Law ) Per : No . 94-25 the 2nd day of ) Clerk June , 1994 ) ) GREEN LANE ENVIRONMENTAL ) GROUP LTD . Per • ` ;��' • /)Z? 721:j President ST . THOMAS SANITARY ) COLLECTION SERVICE LIMITED } Per : (21;,..er d/r-1 /4 - i'7 ) President 25 SCHEDULE "A" TO THIS AGREEMENT made this day of , 1994 . BETWEEN : THE CORPORATION OF THE TOWNSHIP OF BAYHAM hereinafter called the "MUNICIPALITY" , OF THE FIRST PART - and - GREEN LANE ENVIRONMENTAL GROUP LTD . and ST . THOMAS SANITARY COLLECTION SERVICE LIMITED hereinafter called the "CONTRACTOR" , OF THE SECOND PART FORM OF AGREEMENT FOR COMMERCIAL BUSINESS THIS AGREEMENT made in duplicate this day of , 199= BETWEEN : GREEN LANE ENVIRONMENTAL GROUP LTD . hereinafter called the "CONTRACTOR" , OF THE FIRST PART - and - hereinafter called the "OCCUPANT" OF THE SECOND PART WHEREAS the Occupant owns or occupies the premises municipally known in the Municipality as and has waste for disposal ; AND WHEREAS the Contractor is under contract with Municipality to collect certain quantities of waste , recyclable material and compostible material from each commercial business within the territorial limits of the Municipality by virtue of an Agreement dated the day of , 199= ( hereinafter referred to as the "Agreement" ) which Agreement is available for inspection in the Office of the Clerk of the Municipality; - 26 - AND WHEREAS the Occupant has waste , recyclable material or compostible material in quantities that exceed the quantities required by the Agreement to be handled by the Contractor ; AND WHEREAS the Contractor has agreed to collect such excess waste , recyclable material and compostible material quantities upon and subject to the terms and conditions contained herein . NOW THEREFORE THIS AGREEMENT WITNESSETH that in consideration of the mutual covenants contained herein , the parties hereto covenant and agree as follows : 1 . The parties agree that the above-named premises constitute a commercial business within the meaning of the Agreement and that the maximum waste required to be removed by the Contractor every second week under the terms of the Agreement is twenty-seven ( 27 ft3 ) cubic feet together with one ( 1 ) Blue Box of recyclable material and that the maximum quantity of compostible material required to be removed by the Contractor under the terms of the Agreement every second week is sixty-four ( 64 gal . ) gallons and that the Occupant ' s waste , recyclable material and compostible material quantities are in excess of such maximums . 2 . The Contractor agrees to provide , at or in the vicinity of the above-named premises , additional Blue Boxes and additional waste and compostible collection containers for the use of the Occupant and to maintain such containers in good working order and to remove the contents so often as may be necessary to permit the use thereof by the Occupant at all times . 3 . The Occupant will abide by all of the Contractor ' s rules and regulations concerning the use of such containers ; and in the event of a dispute between the parties to this Agreement as to the Contractor ' s rules and regulations and their application to the Occupant and to the above-named premises , the Clerk of the Municipality shall , after receiving written submissions from the parties , resolve the dispute . 4 . The Occupant agrees to pay to the Contractor a charge for the use of such containers as follows : 4 . 1 $ 15 . 00 for each additional stop for the collection of recyclable material from Blue Box ( s ) and for each additional stop for the collection of compostible material from 240 litre ( 64 gallon ) ventilated compost container/cart ( s ) ; PLUS 27 4 . 2 $ 8 . 00 for each cubic yard or part thereof of additional waste quantities , recyclable material quantities and compostible material quantities placed for disposal in a waste container , a Blue Box or a ventilated compost container/cart , as the case may be . 5 . The parties agree that separate arrangements may be negotiated in the event there are large volumes of waste , recyclable material or compostible material to be handled at the above-names premises . 6 . The above charges for the handling of excess waste , recyclable material and compostible material shall apply until January 1't , 1995 and on that date such charges shall be either increased or decreased and rounded to the nearest five ( 5Q ) cents in the same proportion as and in accordance with the same calculation by which the annual contract price to the Municipality is adjusted in accordance with paragraph 3 . 1 of the Agreement and on January 1't , of each ensuing year during the terms of the Agreement such rate will be similarly adjusted with respect to such ensuing year . Notwithstanding the foregoing , the Contractor may waive any increase . 7 . This Agreement may be terminated at any time by either party upon thirty ( 30 ) days notice in writing by prepaid registered mail addressed to the Occupant at the address set forth above and to the Contractor at P . O . Box 589 , ST . THOMAS , Ontario N5P 4B1 . IN WITNESS WHEREOF the Contractor has hereunto affixed his Corporate Seal over the hands of its proper officers duly authorized in that behalf and the Occupant has hereunto set his hand and seal . SIGNED , SEALED AND DELIVERED ) GREEN LANE ENVIRONMENTAL in the presence of : ) GROUP LTD . ) ) ) Per : ) ) (Name of Occupant in full ) ) (Witness to signature of ) Occupant ) ) ) ( signature of Occupant ) - 28 - SCHEDULE "B" to THIS AGREEMENT made this day of , 1994 . BETWEEN : THE CORPORATION OF THE TOWNSHIP OF BAYHAM hereinafter called the "MUNICIPALITY" , OF THE FIRST PART - and - GREEN LANE ENVIRONMENTAL GROUP LTD . and ST . THOMAS SANITARY COLLECTION SERVICE LIMITED hereinafter called the "CONTRACTOR" , OF THE SECOND PART MAXIMUM CONTAINER SERVICE RATES FRONT-END CONTAINER SERVICE ( prices are in dollars per week and include landfill disposal charges ) Frequency of Pick-Up Container size 2yds3 $34 . 40 3yds' $51 . 60 4yds' $68 . 80 5yds' $86 . 00 6yds3 $ 103 . 00 8yds' $ 137 . 00 TEMPORARY CONTAINER RENTALS ( Terms : cash in advance or AMEX, VISA or Master Charge ) Container size 2yds3 : $ 16 - $20 per lift , plus $5 . 00 per week demurrage , plus $ 10 . 00 for delivery plus then current landfill disposal rates 3yds' : $22 - $26 per lift , plus $5 . 00 per week demurrage , plus $ 10 . 00 for delivery plus then current landfill disposal rates A • -.. - 29 - 4yds3 : $26 - $28 per lift , plus $5 . 00 per week demurrage , plus $ 10 . 00 for delivery plus then current landfill disposal rates 6yds' : $28 - $32 per lift , plus $5 . 00 per week demurrage , plus $ 10 . 00 for delivery plus then current landfill disposal rates 8yds3 : $ 32 - $40 per lift , plus $5 . 00 per week demurrage , plus $ 10 . 00 for delivery plus then current landfill disposal rates ROLL-OFF SERVICE Container size 20yds3 : $ 125 . 00 per lift , plus $ 10 . 00 per week demurrage , plus $60 . 00 for delivery plus then current landfill disposal rates 40yds3 : $ 125 . 00 per lift , plus $ 10 . 00 per week demurrage , plus $60 . 00 for delivery plus then current landfill disposal rates Bayham Township By, Laws . . c .. .. _ . • ..„ ,,,..,.. ..::„p. o. • --,. „ ., ._ ..i. 0. .... :..... , . ... ,.. : .: .... . . Eato . .r . ,,t, iti; ,, : .. i .. :;, ., .,,0 ,...„ ...... ,.:.,.,,..: t, . :, . .. „ 1: . , .. .... .. ...........,............,..„.............................. By-Laws # 94-26 #94-42 1994 - 1 ) /1"; -11 - 4 Lf :1 f ; (7:Y1 4:: 9 s 04, (3/ 3 a Li. CORPORATION OF THE TOWNSHIP OF BAYHAM BY-LAW NO. 94-26 A BY-LAW TO CONFIRM ALL ACTIONS OF THE COUNCIL OF THE CORPORATION OF THE TOWNSHIP OF BAYHAM AT THE REGULAR MEETING HELD JUNE 2ND, 1994 WHEREAS under Section 9 of the Municipal Act, R.S.O. 1990 Chapter M.45 the powers of a municipal corporation are to be exercised by the council of the municipality; AND WHEREAS under Section 101 of the Municipal Act the powers of council are to be exercised by by-law; AND WHEREAS the Council of the Corporation of the Township of Bayham deems it advisable that the proceedings of the meeting be confirmed and adopted by by-law. THEREFORE THE COUNCIL OF THE CORPORATION OF THE TOWNSHIP OF BAYHAM ENACTS AS FOLLOWS: 1. THAT the action of the Council of the Corporation of the Township of Bayham in respect of each recommendation and each motion and resolution passed and other action by the Council at its meeting held June 2nd, 1994 is hereby adopted and confirmed as if all proceedings were expressly embodied in this by-law. 2. THAT the Reeve and Clerk of the Corporation of the Township of Bayham are hereby authorized and directed to do all things necessary to give effect to the action the Council including executing all documents and affixing the Corporate Seal. READ A FIRST AND SECOND TIME this 2nd day of JUNE, 1994. READ A THIRD TIME AND FINALLY PASSED this 2nd day of JUNE, 1994. AP REEVE CLERK CORPORATION OF THE TOWNSHIP OF BAYHAM BY-LAW NO. 94-26 A BY-LAW TO CONFIRM ALL ACTIONS OF THE COUNCIL OF THE CORPORATION OF THE TOWNSHIP OF BAYHAM AT THE REGULAR MEETING HELD JUNE 2ND, 1994 WHEREAS under Section 9 of the Municipal Act, R.S.O. 1990 Chapter M.45 the powers of a municipal corporation are to be exercised by the council of the municipality; AND WHEREAS under Section 101 of the Municipal Act the powers of council are to be exercised by by-law; AND WHEREAS the Council of the Corporation of the Township of Bayham deems it advisable that the proceedings of the meeting be confirmed and adopted by by-law. THEREFORE THE COUNCIL OF THE CORPORATION OF THE TOWNSHIP OF BAYHAM ENACTS AS FOLLOWS: 1. THAT the action of the Council of the Corporation of the Township of Bayham in respect of each recommendation and each motion and resolution passed and other action by the Council at its meeting held June 2nd, 1994 is hereby adopted and confirmed as if all proceedings were expressly embodied in this by-law. 2. THAT the Reeve and Clerk of the Corporation of the Township of Bayham are hereby authorized and directed to do all things necessary to give effect to the action the Council including executing all documents and affixing the Corporate Seal. READ A FIRST AND SECOND TIME this 2nd day of JUNE, 1994. READ A THIRD TIME AND FINALLY PASSED this 2nd day of JUNE, 1994. 2) ije/r/%10 REEVE CLERK CORPORATION OF THE TOWNSHIP OF BAYHAM BY-LAW NO. 94-27 BEING A BY-LAW TO APPOINT JOHN UNGAR AS A BUILDING INSPECTOR AND TO AMEND BY-LAW 93-6 WHEREAS Section 3 of the Building Code Act R.S.O. 1990, Chapter B. 13 authorizes Councils of municipalities to appoint Building Inspectors for the purposes of enforcement of the Act. AND WHEREAS the Council of the Corporation of the Township of Bayham deems it necessary to appoint a new Building Inspector. THEREFORE THE COUNCIL OF THE CORPORATION OF THE TOWNSHIP OF BAYHAM ENACTS AS FOLLOWS: 1. THAT John Ungar is hereby appointed as a Building Inspector. 2. THAT By-law No. 93-6 is hereby amended by adding Section 1 . 11. 1 to read as follows: "1. 11.1 Building Inspector John Ungar 94-27" 3. THAT this by-law comes info full force and effect upon final passing. READ A FIRST AND SECOND TIME this 16th day of JUNE 1994. READ A THIRD TIME AND FINALLY PASSED this 16th day of JUNE 1994. A901°Ziieji REEVE CLERK CORPORATION OF THE TOWNSHIP OF BAYHAM BY-LAW NO. 94-29 BEING A BY-LAW TO ADOPT THE ASSESSMENT ON • WHICH THE TAXES SHALL BE LEVIED FOR THE YEAR 1994, TO LEVY THE TAXES FOR THE YEAR 1994 AND TO PROVIDE FOR THE COLLECTION THEREOF. WHEREAS by action of the Province of Ontario, provision was made for the taking of the assessment of the Municipality by the Regional Assessment Commissioner, as the assessment on which the rate of taxation for the year 1994 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 $2,685,057 for the general purpose of the said Township for the current year, for the payment of the County levy for the current year and for the payment of the Elgin County Board of Education levy and the Elgin County Roman Catholic Separate School Board levy: 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 1994 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 $901,364.95 for the general purpose of the Corporation, a rate of 139.510 mills on the dollar be and the same is hereby levied for the year 1994 upon the whole of the said assessment of the Township according to the last revised assessment roll except that on assessment of $6,659,364 a reduction of 15% shall be made. 4. THAT for the purpose of providing the sum of $529,426.26 for the County of Elgin general levy, a rate of 81 .943 mills on the dollar be and the same is hereby levied for the year 1994 upon the whole of the said assessment of the Township according to the last revised assessment roll except that on assessment of $6,659,364 a reduction of 15% shall be made. 5. THAT in addition, for the purposes of providing the sum of $1,254,267 for public and separate school education purposes for the current year the following mill rates be and the same are hereby levied for the year 1994 upon the respective portions of the said assessment of the School supporters of the said assessment of the School supporters of the said Township according to the last revised assessment roll, as indicated hereunder: RESIDENTIAL MILL COMMERCIAL MILL TOTAL SCHOOL AREA ASSESSMENT RATE ASSESSMENT RATE LEVY Elgin Cty Elementary $5,875,955 86.330 $736,310 101.565 $582,054 Elgin Cty Secondary 5,875,955 78.680 736,310 92.565 530,476 Elgin R.C.S.S. Elem 783,409 92.499 64, 185 101 .565 79,449 Elgin R.C.S.S. Sec. 783,409 72.518 64,185 85.315 62,287 i BY-LAW 94-29 - 2 - JUNE 16, 1994 6. 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 85, 143 6.915 1;381 8. 135 600 Eden 252,569 17.560 3,137 20.569 4500 Richmond 182,773 8.408 6,394 9.892 1 ,600 Straffordville 670,628 3.477 163,442 4.090 3,000 Talbot - 108,349 7.614 825 7. THAT the Clerk shall prepare and deliver the Collector's Roll to the Tax Collector on or before the 20th day of July, 1994. 8. THAT all taxes and other special rates shall be paid in the office of the Tax Collector or Treasurer of the Township of Bayham. 9. THAT taxes shall become due and payable one-half on or before August 31 , 1994 and one-half on or before November 30, 1994. 10. THAT penalties for non-payment when due and discounts for prepayments 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 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. 11. THAT the Collector shall have the privilege of mailing the tax notices to the several taxpayers of the Township at their last known address. 12. THAT all by-laws inconsistent with the provisions of this by-law are hereby repealed. READ A FIRST AND SECOND TIME this 16th day of JUNE, 1994 READ A THIRD TIME AND FINALLY PASSED THIS 16th day of JUNE, 1994. ....-.--2 LirOlkirj- REEVE CLERK 61-caw TOWNSHIP OF BAYHAM X050 41/- aF YMPM 1994 BUDGET TOWNSHIP OF BAYHAM 1994 BUDGET • 01 -04-00 Township Tax & Related Revenue 1-1 ACCT Description 1992 1992 1993 1993 1994 # BUDGET ACTUAL BUDGET ACTUAL BUDGET 4010 General Residential & Farm 802,308.08 802,308.27 763,174.83 763,175.97 789,688.24 4011 General Commercial & Industrial 71,413.46 71,413.59 95,200.22 95,200.17 89,941 .82 4012 General Business 18,735.60 18,735,51 25,010.17 25,010.10 21,734.89 • 4013 General Supplementaries Res & Farm 3,000.00 2,135.86 3,000.00 6,048.68 5,000.00 4014 Gen Sup - Corn & Ind 1 ,500.00 414.01 1 ,200.00 1 ,276.42 1,000.00 4015 Gen Sup - Business 500.00 340.49 500.00 381.17 500.00 4016 Gen Write Off - Res & Farm (1 ,000.00) (1 ,363.95) (2,000.00) (1,813.45) (2,000.00) 4017 Gen Write Off - Corn & Ind - (300.00) (419.40) (1 ,000.00) (1,244.10) (1,000.00) 4018 Gen Write Off - Business (800.00) (570.44) (1,000.00) (4,913.03) (1 ,000.00) 4070 Corinth SLA - Res & Farm 934.88 934.88 562.56 562.56 588.76 4071 Corinth SLA - Corn & Ind 50.24 50.20 28.86 28.86 8.67 4072 Corinth SLA - Business 14.95 14.95 8.62 8.62 2.56 4072 Corinth SLA WO - Corn & Ind 0.00 0.00 0.00 (3.04) 0.00 4072 Corinth SLA WO - Business 0.00 0.00 0.00 (6.09) 0.00 4073 Corinth SUP - Res & Farm 0.00 0.00 0.00 0.00 0.00 4077 Corinth Write off - Corn & Ind 0.00 0.00 0.00 0.00 0.00 4078 Corinth Write off - Business 0.00 0.00 0.00 0.00 0.00 4080 Eden SLA - Res & Farm 4,914.18 4,914.14 3,941 .44 3,941.44 4,435.11 4081 Eden SLA - Corn & Ind 64.73 64.74 44.43 44.43 49.21 4082 Eden SLA - Business 21.25 21.24 14.08 14.08 15.60 4083 Eden Sup - Res & Farm 0.00 0.00 0.00 81 .44 0.00 4086 Eden SLA WO - Res & Farm 0.00 0.00 0.00 (20.23) 0.00 4090 Richmond SLA - Res & Farm 1 ,555.85 1 ,559.08 1,366.33 1 ,366.35 1 ,536.76 4091 Richmond SLA - Corn & Ind 34.10 34.10 25.67 25.67 48.71 4092 Richmond SLA - Business 10.11 10.11 7.67 7.67 14.54 4093 Richmond SLA Sup - Res & Farm 0.00 0.00 0.00 4.49 0.00 4094 Richmond SLA Sup - Corn & Ind 0.00 0.00 0.00 18.77 0.00 4095 Richmond SLA Sup - Business 0.00 0.00 0.00 5.6 0.00 4096 Richmond SLA Write Off - R & F 0.00 (4.74) 0.00 0.00 0.00 4100 Straff SLA - Res & Farm 5,213.48 5,213.50 2,209.11 2,209.19 2,331 .77 . 4101 Straff SLA - Corn & Ind 1,612.06 1 ,612.08 551 .10 551.17 459.58 4102 Straff SLA - Business 674.20 674.16 239.40 239.43 208.90 4103 Straff SLA Sup - Res & Farm 0.00 3.00 0.00 8.21 0.00 4104 Straff SLA Sup - Com & Ind 0.00 18.26 0.00 0.00 0.00 4105 Straff SLA Sup - Business 0.00 5.46 0.00 0.00 0.00 4106 Straff SLA Write Off - Res & Farm 0.00 (2.25) 0.00 (6.99) 0.00 4107 Straff SLA Write Off - Corn & Ind 0.00 (8.98) 0.00 (20.04) 0.00 , 4108 Straff SLA Write Off - Business 0.00 (19.04) 0.00 (37.26) 0.00 4110 Talbot SLA - Res & Farm 1,299.97 1 ,299.98 825.01 880.80 824.97 4116 Talbot SLA Write Off - Res & Farm 0.00 (4.28) 0.00 0.00 0.00 4130 Telphone Taxation Own Purpose 17,979.20 17,979.20 20,790.72 20,790.72 20,463.93 4140 Local Imp - Res & Farm 513.00 512.70 513.00 512.70 512.70 4160 Water Connection Charges - R & F 135.00 135.00 135.00 135.00 135.00 4190 Municipal Drain Charges - R & F 7,333.36 10,994.83 4,368.00 15,836.29 4,500.00 TOTAL 937,717.70 939.006.26 919,716.22 930,301.77 940.001.72 TOWNSHIP OF BAYHAM 1994 BUDGET 01 -04-01 Billings & Grant Revenues 2-1 ACCT Description 1992 1992 1993 1993 1994 # BUDGET ACTUAL BUDGET ACTUAL BUDGET 4510 Water Billings 3,200.00 2,315.73 2,750.00 3,056.37 3,000.00 4610 In Lieu of Taxes 3,500.00 4,156.65 4,200.00 6,246.00 6,000.00 4621 Ontario Hydro Grant 370.00 0.00 0.00 573.02 600.00 4815 Unconditional Grant 149,393.00 149,393.00 132,732.00 128,557.00 122,129.15 6201 Dog Tag Sales 7,000.00 7,525.00 7,200.00 6,035.00 8,000.00 6202 Tax & Zoning Certificates 3,000.00 3,715.00 4,200.00 6,239.00 6,000.00 6204 Building Permit Fees 12,000.00 18,505.87 18,000.00 21 ,093.00 18,500.00 6205 Park Licences 200.00 210.00 210.00 210.00 210.00 6206 Lottery Licences 150.00 839.00 750.00 2,508.00 5,000.00 6207 Restauarant Licences 15.00 12.00 12.00 12.00 12.00 6209 Sundry Revenue 100.00 854.00 0.00 0.00 0.00 6301 Interest on Taxes Current Year 18,000.00 20,439.31 18,000.00 15,526.66 14,500.00 6302 Interest on Taxes Prior Years 30,000.00 41 ,294.34 35,000.00 36,876.23 30,000.00 6410 Investment Income Own Funds 15,000.00 23,732.79 15,000.00 21 ,851.65 17,000.00 6550 Contributions from Reserves 0.00 14,092.33 15,000.00 8,848.07 81,000.00 6700 Sale of Land Own Purpose 0.00 426.17 0.00 0.00 10,000.00 TOTAL 241,928.00 287,511 .19 253,054.00 257,632.00 321 ,951.15 t TOWNSHIP OF BAYHAM 1994 BUDGET 01 -05-00 County of Elgin 3-1 REVENUE ACCT Description 1992 1992 1993 1993 1994 # _ BUDGET ACTUAL BUDGET ACTUAL BUDGET 4010 Residential & Farm 316,075.58 316,075.57 388,914.90 388,912.68 463,831.36 4011 Commercial & Industrial 28,133.68 28,133.68 48,514.16 48,513.94 52,828.01 4012 Business 7,380.98 7,380.98 12,745.21 12,745.10 12,766.01 4013 Supplementary Residential & Farm 1 ,500.00 841.45 1 ,000.00 3,082.41 2,500.00 4014 Supplementary Commercial & Ind 650.00 163.11 600.00 650.48 600.00 4015 Supplementary Business 300.00 134.14 300.00 194.25 250.00 4016 Write Off Residential & Farm ^ (300.00) (522.00) (700.00) (911 .84) (1,000.00) 4017 Write Off Commercial & Industrial (100.00) (164.53) (200.00) (620.79) (200.00) 4018 Write Off Business (250.00) (221 .95) (300.00) (2,340.37) (250.00) 4130 Telephone Taxation 6,567.84 6,567.84 7,971 .29 7,971.29 10,351.82 4150 Overlevy (45.38) (45.37) 0.00 3.28 0.00 TOTAL 359,912.70 358,342.92_ 458,845.56 458,200.43 541,677.20 EXPENDITURE ACCT DESCRIPTION 1992 1992 1993 1993 1994 # - _ BUDGET ACTUAL BUDGET ACTUAL BUDGET 9100 Requisition 358,112.70 358,112.71 458,145.56 458,146.47 539,777.20 9110 Supplementary Taxes 2,450.00 1,138.70 1,900.00 3,927.14 3,350.00 9115 Taxes Written Off (650.00) (908.48) (1,200.00) (3,873.00) (1,450.00) TOTAL. 359,912.70 358,342.93 458,845.56 458,200.61 541,677.20 TOWNSHIP OF BAYHAM 1994 BUDGET 01 -06-00 Elgin County Board of Education — Elementary 4-1 REVENUE ACCT Description 1992 1992 1993 1993 1994 # BUDGET ACTUAL BUDGET ACTUAL BUDGET 4010 Residential & Farm 562,332.39 562,333.14 488,093.58 488,093.20 507,271.20 4011 Commercial & Industrial 52,512.30 52,512.37 60991 .730 60,992.62 60,157.46 4012 Business 13,458.32 13,458.32 15,206.69 15,206.76 14,625.87 4013 Supplementary Residential & Farm 4,000.00 1 ,502.21 2,500.00 4,020.10 3,500.00 401 . Supplementary Commercial & Ind 1 ,500.00 332.01 850.00 657.61 750.00 4015 Supplementary Business 1 ,200.00 226.12 750.00 196.32 600.00 4016 Write Off Residential & Farm - (1 ,000.00) (1,125.83) (1 ,500.00) (1,150.97) (1 ,100.00) 4017 Write Off Commercial & Industrial (150.00) (340.06) (500.00) (784.83) (600.00) 4018 Write Off Business (600.00) (468.84) (300.00) (984.27) (800.00) 4130 Telephone Taxation 13,423.98 13,423.98 13,522.60 13,522.60 11 ,541.53 4150 Overievy 629.01 628.19 0.00 (0.58) 0.00 TOTAL_ 647,306.00 642,481.61 5791614.60 579,768.56 595,946.05 EXPENDITURE ACCT DESCRIPTION 1992 1992 1993 1993 1994 # BUDGET ACTUAL BUDGET ACTUAL BUDGET 9310 Requisition 642,356.00 642,356.00 577,814.60 577,814.60 593,596.05 9311 Supplementary Taxes 6,700.00 2,060.34 4,100.00 4,874.03 4,850.00 9313_ Taxes Written Off (1,750.00) (1 ,934.73) (2,300.00) (2,920.07) (2,500.00) TOTAL 647,306.00 642,481.61 579,614.60 579,768.56 595,946.05 TOWNSHIP OF BAYHAM 1994 BUDGET 01 -07-00 Elgin County Board of Education — Secondary 5-1 REVENUE ACCT Description 1992 1992 1993 1993 1994 # _ BUDGET _ ACTUAL BUDGET ACTUAL BUDGET 4010 Residential & Farm 481 ,268.86 4__81,268.86 459,550.56 459,550.61 462,320.14 4011 Commercial & Industrial 44,942.46 44,942.45 57,425.02 57,425.95 54,826.71 4012 Business 11,518.25 11,518.25 14,317.42 14,317.36 13,329.82 4013 Supplementary Residential & Farm 3,000.00 1,285.63 2,000.00 3,784.96 2,500.00 4014 Supplementary Commercial & Ind 1,000.00 284.15 550.00 619.15 700.00 4015 Supplementary Business 900.00 193.52 600.00 184.85 400.00 4016 Write Off Residential & Farm (600.00) (947.71) (1 ,300.00) (1,076.57) (1,000.00) 4017 Write Off Commercial & Industrial (200.00) (290.35) (400.00) (739.25) (500.00) 4018 Write Off Business (600.00) (399.67) (800.00) (921 .88) (700.00) 4130 Telephone Taxation 11 ,194.90 11,194.90 11 ,573.41 11 ,573.41 10,869.98 4170 Overlevy 565.53 565.54 0.00 (0.92) 0.00 TOTAL 552,990.00 549,615.57 543,516.41 544,717.67 542,746.65_ • i EXPENDITURE ACCT DESCRIPTION 1992 1992 1993 1993 1994 # BUDGET ACTUAL BUDGET ACTUAL BUDGET 9310 Requisition 549,490.00 549,490.00 542,866.41 542866.41 541,346.65 9311 Supplementary Taxes 4,900.00 1,763.30 3,150.00 4,588.96 3,600.00 9313 _Taxes Written Off (1,400.00) (1,637.73) (2,500.00) (2,737.70) (2,200.00) TOTAL 552,990.00 549,615.57 543,516.41 544,717.67 542,746.65 F . TOWNSHIP OF BA 1994 BUDGET i • 01 -08-00 Elgin County R__ — Elementary 6-1 __ REVENUE ACCT Description 1992 1992 1993 1993 1994 # BUDGET ACTUAL BUDGET ACTUAL BUDGET 4010 Residential & Farm 89,030.89 89,030.75 70,377.32 70,377.29 72,464.55 4011 Commercial & Industrial 5,239.10 5,239.12 8,660.65 8,660.64 5,701.73 4012 Business 1 ,722.34 1 ,722.34 3,180.48 3,180.47 1 ,283.01 4013 Supplementary Residential & Farm 200.00 231 .34 200.00 389.76 300.00 4014 Supplementary Commercial & Ind 100.00 0.26 100.00 293.64 200.00 4015 Supplementary Business 50.00 51 .48 75.00 87.76 100.00 4016 Write Off Residential & Farm - (100.00) (36.24) (200.00) (191.54) (200.00) 4017 Write Off Commercial & Industrial 0.00 (1.12) (25.00) (126.01) (100.00) 4018 Write Off Business 0.00 (6.42) (25.00) (2,999.90) (50.00) 4130 Telephone Taxation 959.37 959.37 1 ,285.00 1 ,285.00 1 ,296.51 4170 Overlevy (0.33) (0.21) 0.00 (0.40) 0.00 TOTAL 97.201.37 97,190.67 83,628.45 80,956.71 80,995.80 97 EXPENDITURE ACCT DESCRIPTION 1992 1992 1993 1993 1994 # BUDGET ACTUAL BUDGET ACTUAL BUDGET 9410 Requisition 95,992.00 95,992.00 82,218.45 82,218.00 79,449.29 9411 Supplementary Taxes 350.00 283.08 375.00 771.16 600.00 9413 Taxes Written Off (100.00) (43.78) (250.00) (3,317.45) (350.00) 9414 Telephone Taxation 959.37 959.37 1,285.00 1,285.00 1,296.51 TOTAL 97.201,37 97,190,67 83,628.45 80.956.71 80,995.80 1 1 1 1 1 TOWNSHIP OF BAYHAM 1994 BUDGET 01 -09-00 Elgin County R__ - Secondary 7-1 __ REVENUE ACCT Description 1992 1992 1993 1993 1994 # BUDGET ACTUAL BUDGET ACTUAL BUDGET 4010 Residential & Farm 62,302.31 62,302.31 52,909.07 52,909.02 56,811.25 4011 Commercial & Industrial 3,666.25 3,666.24 6,511 .00 6,511.00 4,470.08 4012 Business 1,205.27 1,205.26 2,391.05 2,391.04 1 ,005.86 4013 Supplementary Residential & Farm 100.00 161 .89 150.00 293.01 300.00 4014 Supplementary Commercial & Ind 75.00 0.18 75.00 220.76 100.00 4015 Supplementary Business 50.00 36.02 50.00 65.98 100.00 4016 Write Off Residential & Farm ' (50.00) (24.90) (100.00) (143.44) (100.00) 4017 Write Off Commercial & Industrial 0.00 (0.89) (25.00) (93.18) (100.00) 4018 Write Off Business 0.00 (4.28) (25.00) (2,168.86) (100.00) 4130 Telephone Taxation 800.06 800.06 1 ,099.78 1 ,099.78 1,221.08 4170 Overlevy _ 0.17 0.19 0.00 (0.06) 0.00 TOTAL 68,149.06 68,142.08 63,035.90 61,085.05 63,708.27 EXPENDITURE ACCT DESCRIPTION 1992 1992 1993 1993 1994 # BUDGET_ ACTUAL BUDGET ACTUAL BUDGET 9410 Requisition 67,174.00 67,174.00 61 ,811.12 61,811.00 62,287.20 9411 Supplementary Taxes 225.00 198.09 275.00 579.75 500.00 9413 Taxes Written Off (50.00) (30.07) (150.00) (2,405.48) (300.00) 9414 Telephone Taxation 800.06 800.06 1,099.78 1 099.78 1,221.08 TOTAL._ 68,149.06 68,142.08 63,035.90 61 085.05 63 708.28 1 1 1 TOWNSHIP OF BAYHAM 1994 BUDGET 01 -09-00 Elgin County R__ - Secondary 7-1 __ REVENUE ACCT Description 1992 1992 1993 1993 1994 # BUDGET ACTUAL BUDGET ACTUAL BUDGET 4010 Residential & Farm 62,302.31 62,302.31 52,909.07 52,909.02 56,811.25 4011 Commercial & Industrial 3,666.25 3,666.24 6,511 .00 6,511.00 4,470.08 4012 Business 1,205.27 1,205.26 2,391.05 2,391.04 1 ,005.86 4013 Supplementary Residential & Farm 100.00 161 .89 150.00 293.01 300.00 4014 Supplementary Commercial & Ind 75.00 0.18 75.00 220.76 100.00 4015 Supplementary Business 50.00 36.02 50.00 65.98 100.00 4016 Write Off Residential & Farm ' (50.00) (24.90) (100.00) (143.44) (100.00) 4017 Write Off Commercial & Industrial 0.00 (0.89) (25.00) (93.18) (100.00) 4018 Write Off Business 0.00 (4.28) (25.00) (2,168.86) (100.00) 4130 Telephone Taxation 800.06 800.06 1 ,099.78 1 ,099.78 1,221.08 4170 Overlevy _ 0.17 0.19 0.00 (0.06) 0.00 TOTAL 68,149.06 68,142.08 63,035.90 61,085.05 63,708.27 EXPENDITURE ACCT DESCRIPTION 1992 1992 1993 1993 1994 # BUDGET_ ACTUAL BUDGET ACTUAL BUDGET 9410 Requisition 67,174.00 67,174.00 61 ,811.12 61,811.00 62,287.20 9411 Supplementary Taxes 225.00 198.09 275.00 579.75 500.00 9413 Taxes Written Off (50.00) (30.07) (150.00) (2,405.48) (300.00) 9414 Telephone Taxation 800.06 800.06 1,099.78 1 099.78 1,221.08 TOTAL._ 68,149.06 68,142.08 63,035.90 61 085.05 63 708.28 1 • TOWNSHIP OF BAYHAM 1994 BUDGET 01 - 10-00 General Government 8-1 REVENUE ACCT Description 1992 1992 1993 1993 1994 # BUDGET ACTUAL BUDGET ACTUAL BUDGET 5100 Ontario Grant 3,000.00 0.00 0.00 0.00 0.00 5400 Fees & Service Charges 300.00 1,416.03 500.00 500.34 500.00 TOTAL 3,300.00 1,416.03 500.00 500.34 500.00 EXPENDITURE ACCT DESCRIPTION 1992 1992 1993 1993 1994 # BUDGET ACTUAL BUDGET ACTUAL BUDGET 7101 Salaries & Wages 105,341 .72 109,290.13 107,500.00 127,549.11 107,000.00 7106 Council Wages 33,000.00 36,210.00 33,000.00 32,021 .11 0.00 7151 CPP 2,500.00 2,158.17 2,500.00 2,045.75 2,000.00 7152 Unemployment Insurance 4,000.00 3,644.67 3,700.00 3,534.71 3,700.00 7153 WCB 3,200.00 2,216.24 2,500.00 2,034.78 2,700.00 7154 OMERS 7,000.00 6,148.51 6,500.00 5,768.09 6,000.00 7155 Employee Health Tax 3,100.00 2,344.62 2,500.00 2,193.81 2,500.00 7156 Group Insurance 5,800.00 5,513.08 6,300.00 6,388.70 7,000.00 7157 Dental 500.00 400.30 500.00 682.87 740.00 7302 Office Supplies 5,000.00 7,334.36 6.000.00 10,994.61 8,500.00 7303 Computer supplies & Support 1,000.00 0.00 0.00 4,064.90 4,000.00 7304 Office Cleaning 3,500.00 3,294.15 3,500.00 3,548.45 3,600.00 7305 Office Equipment 21,500.00 13,186.25 12,000.00 9,236.82 6,500.00 7306 Heat & Hydro 4,000.00 3,521.98 3,600.00 3,629.38 3,800.00 7309 Subscriptions 1,000.00 66.81 1,200.00 1,138.49 1,800.00 7350 Advertising 2,000.00 3,121 .22 2,000.00 787.22 1,800.00 7351 Association Fees 1 ,300.00 1,249.87 1,300.00 2,444.69 2,500.00 7352 Accounting & Audit Fees 28,000.00 52,779.02 40,000.00 40,061.98 40,000.00 7356 Building Maintenance 2,100.00 4,023.06 1,800.00 1,269.84 5,500.00 7358 Equipment Maintenance 5,000.00 4,752.65 5,000.00 853.00 2,000.00 7359 Grounds Maintenance 2,500.00 2,447.42 2,500.00 1,107.74 1,800.00 7361 Insurance 5,000.00 5,141.00 4,500.00 4,479.00 5,277.00 7362 Legal Fees 5,400.00 7,158.51 10,000.00 8,113.98 10,000.00 7363 Election Expense 0.00 0.00 0.00 0.00 10,000.00 7364 Postage & Courier 4,000.00 3,078.41 3,500.00 5,058.25 5,000.00 7365 Amalgamation Expense 3,000.00 0.00 0.00 391.05 0.00 7366 Staff Training 3,000.00 827.34 1,500.00 753.82 1,500.00 7367 Conferences & Seminars 8,500.00 6,039.24 8,000.00 7,608.46 2,500.00 7368 Travel Expense 2,300.00 1,929.30 2,300.00 2,558.89 1,400.00 7369 Telephone4,000.00 3,496.09 4,500.00 4,322.30 4,500.00 7370 Other Expense 4,000.00 1,966.59 2,000.00 1,094.91 1,000.00 7375 Property Purchases 2,500.00 0.00 0.00 0.00 0.00 7401 Interest on Temporary Loans 3,000.00 296.82 500.00 338.15 500.00 7403 Bank Charges 200.00 133.73 200.00 129.63 200.00 7404 Discounts on Taxes 3,000.00 2,225.49 3,000.00 2,768.52 3,000.00 7405 Tax Adjustments 3,000.00 0.00 0.00 0.00 0.00 7407 Phase-in-Assistance 26,000.00 15,291.25 11,000.00 7500 Transfer to Capital 0.00 0.00 0.00 0.00 0.00 7600_ Transfer to Reserve 30,000.00 30,000.00 0.00 0.00 0.00 TOTAL 322,241.72 325,995.03 309,900.00 314,264.26 269,317.00 TOWNSHIP OF BAYHAM 1994 BUDGET 01 -- 15-00 Council 9-1 • EXPENDITURE ACCT Description 1992 1992 1993 1993 1994 BUDGET ACTUAL BUDGET ACTUAL BUDGET 7101 Wages 33,000.00 7151 CPP 110.00 7155 Employee Health Tax 500.00 7367 Conferences/Seminars 4,500.00 7368 Travel Expense 1,200.00 7370 Other Expense 1,000.00 TOTAL 40,310.00 • • TOWNSHIP OF BAYHAM 1994 BUDGET 01 -20- 10 Fire Department 10-1 REVENUE ACCT Description 1992 1992 1993 1993 1994 # BUDGET ACTUAL BUDGET ACTUAL BUDGET 5100 Fire Ontario 0.00 2,020.00 1 ,000.00 5300 Other Municipalites 2,500.00 4,300.00 4,300.00 2,750.00 2,750.00 5400 Fees & Charges 500.00 0.00 0.00 0.00 0.00 TOTAL 3.000.00 4,300.00 4,300.00 4,770.00 3,750.00 EXPENDITURE ACCT DESCRIPTION 1992 1992 1993 1993 1994 # BUDGET ACTUAL BUDGET ACTUAL BUDGET 7101 Salaries 12,400.00 15,631 .03 12,500.00 12,693.33 13,000.00 7114 Allowances 28,000.00 28,384.38 28,500.00 31 ,034.38 31 ,000.00 7118 Course Time 1 ,500.00 2,420.80 3,600.00 4,400.00 4,200.00 7151 CPP 75.00 115.45 125.00 180.59 200.00 7152 Unemployment Insurance 0.00 0.00 0.00 0.00 0.00 7153 Workers Compensation 1 ,800.00 2,380.48 2,500.00 2,425.50 2,500.00 7154 OMERS 385.00 383.71 425.00 832.43 900.00 7155 Employee Health Tax 600.00 645.55 600.00 697.91 700.00 7306 Heat & Hydro 1 ,800.00 957.42 1 ,000.00 788.58 900.00 7311 Vehicle Expense 2,500.00 3,713.61 2,500.00 3,793.21 3,000.00 7312 Boom Truck 0.00 0.00 0.00 0.00 0.00 7314 Other Materials 9,000.00 1,820.05 5,000.00 2,583.31 3,500.00 7351 Association Fees 95.00 95.00 95.00 140.00 140.00 7356 Building Maintenance 200.00 4.43 150.00 252.36 300.00 7357 Equipment Maintenance 3,000.00 1 ,224.83 1 ,500.00 2,965.73 2,800.00 7358 Equipment 0.00 25,076.51 10,000.00 2,743.98 7,500.00 7361 Insurance 3,100.00 2,853.00 3,000.00 2,696.00 2,875.00 7364 Postage & Courier 0.00 60.58 100.00 7366 Staff Training 1 ,000.00 575.74 750.00 165.89 1,000.00 7367 Conferences & Seminars 1 ,500.00 508.12 1 ,000.00 1 ,284.16 1,300.00 7368 Travel Expenses 100.00 336.90 1,000.00 1,242.35 1,100.00 7369 Telephone 2,000.00 1 ,927.11 2,000.00 1,685.69 1,800.00 7370 Other Services 5,000.00 733.30 1 ,000.00 2,384.81 1,500.00 7500 Transfer to Capital 32,000.00 0.00 0.00 0.00 0.00 7600 Transfer to Reserve 30,000.00 30,000.00 30,000.00 0.00 20,000.00 TOTAL 136,055.00 119,787.42 107,245.00 75,050.79 100,315.00 • • . TOWNSHIP OF BAYHAM 1994 BUDGET • 01 - 20-20 Community Policing 11 -1 EXPENDITURE ACCT Description 1992 1992 1993 1993 1994 # BUDGET ACTUAL BUDGET ACTUAL BUDGET 7600 Community Policing Agreement 500.00 203.08 _ 500.00 208.27 500.00 TOTAL _ 500.00 203.08 500.00 208.27 500.00 • TOWNSHIP OF BAYHAM 1994 BUDGET • 01 -20-30 Conservation Authority 12-1 EXPENDITURE ACCT DESCRIPTION 1992 1992 1993 1993 1994 BUDGET ACTUAL BUDGET ACTUAL BUDGET 7700 Conservation Authority 11,620.00 11,620.00 12,030.00 12,030.00 12,107.00 7701 Lake Erie Shoreline Erosion 0.00 0.00 0.00 0.00 0.00 TOTAL 11,620.00 11.620.00 12,030.00 12,030.00 12.107.00 . TOWNSHIP OF BAYHAM 1994 BUDGET 01 -20-40 Building " & Animal Control 13-1 e REVENUE ACCT Description 1992 1992 1993 1993 1994 # BUDGET ACTUAL BUDGET ACTUAL BUDGET 5400 Service Charges 1,000.00 1,316.21 1 ,000.00 1,285.07 1,000.00 TOTAL 1.000.00 __1 ,316.21 1,000.00 1,285.07 1.000.00 EXPENDITURE ACCT DESCRIPTION 1992 1992 1993 1993 1994 # _ BUDGET ACTUAL BUDGET ACTUAL BUDGET 7101 Salary 30,600.00 33,140.88 31,600.00 32,604.72 34,000.00 7151 CPP 700.00 676.77 700.00 725.85 800.00 7152 Unemployment Insurance 1,300.00 1 ,218.03 1 ,300.00 1 ,261.93 1 ,350.00 7153 Workers Compensation Board 800.00 668.84 700.00 684.70 750.00 7154 OMERS 2,000.00 2,065.50 2,150.00 1,889.86 2,100.00 7155 Empolyee Health Tax 650.00 574.32 600.00 596.34 700.00 7156 Group Insurance 2,000.00 1,933.15 2,000.00 2,219.25 2,250.00 7157 Dental 170.00 169.02 170.00 227.63 250.00 7305 Equipment 100.00 194.26 2,400.00 2,237.77 2,500.00 7314 Supplies 1 ,000.00 341 .41 500.00 689.95 700.00 7351 Association Fees 170.00 170.00 170.00 435.00 450.00 7352 Legal Fees 0.00 904.42 1,000.00 7368 Travel Expenses 4,500.00 4,092.00 4,300.00 3,029.65 3,900.00 7369 Conferences & Seminars 0.00 1 ,404.10 1,500.00 1,142.84 1,500.00 7371 Animal Control 4,100.00 3,953.79 4,000.00 4,107.74 4,200.00 7372 Cost of Dog Tag Sales 4,200.00 4,361.15 4,400.00 3,729.05 5,000.00 7373 Livestock Claims 500.00 320.40 400.00 818.00 500.00 7400 Transfer to Capital 6,000.00 0.00 0.00 0.00 0.00 TOTAL 58,790.00 551283.62 56,890.00 57,304.70 61,950.00 . TOWNSHIP OF BAYHAM 1994 BUDGET 01 - 25- 10 Road Department 14-1 REVENUE ACCT Description 1992 1992 1993 1993 1994 # BUDGET ACTUAL BUDGET ACTUAL BUDGET 5100 Ontario Grants 374,700.00 363,523.00 423,900.00 423,512.00 445,300.00 5300 Other Municipalities 5,000.00 41,319.38 5,000.00 8,738.40 4,500.00 5400 Service Charges 1,000.00 0.00 2,500.00 5,556.55 4,000.00 Total 380,700.00 404,842.38 431.400.00 437,806.95 453,800.00 EXPENDITURE ACCT DESCRIPTION 1992 1992 1993 1993 1994 # BUDGET ACTUAL BUDGET ACTUAL BUDGET 7102 Tillsonburg T'Line Bridge Wages 5,000.00 10,853.13 0.00 696.03 0.00 7103 Tillsonburg T'Line Bridge Materials 10,000.00 38,776.31 0.00 1,872.64 0.00 7104 Tillsonburg T'Line Bridge Own Equip 0.00 1 ,980.00 0.00 0.00 0.00 7105 Tillsonburg T'Line Bridge Out Equip 0.00 2,250.49 0.00 0.00 0.00 7106 Tillsonburg T'Line Bridge Out Contr 20,000.00 0.00 0.00 0.00 0.00 7107 Tillsonburg T'Line Bridge Misc 0.00 18,804.09 0.00 66.76 0.00 7132 Bayham/Malahide T'Line Wages 0.00 947.61 1,000.00 840.00 0.00 7133 Bayham/Malahide T'Line Materials 0.00 0.00 8,000.00 10,892.00 0.00 7134 Bayham/Malahide T'Line Own Equip 0.00 0.00 1 ,000.00 900.00 0.00 7135 Bayham/Malahide T'Line 0/S Equip 0.00 0.00 0.00 0.00 0.00 7136 Bayham/Maladie T'Line 0/S Contract 0.00 0.00 41 ,000.00 53,140.52 0.00 7137 Bayham/Malahide T'Line Misc 0.00 0.00 0.00 0.00 0.00 7143 Underhill Sideroad Materials 10,000.00 0.00 0.00 0.00 0.00 7144 Underhill Sideroad Own Equip Rent 24,100.00 0.00 0.00 0.00 0.00 7151 Overhead Benefits CPP 2,000.00 3,672.11 3,700.00 3,848.59 3,950.00 7152 Overhead Benefits UI 6,000.00 6,902.91 7,000.00 6,917.21 7,100.00 7154 Overhead Benefits Omers 10,300.00 10,833.04 11,000.00 10,854.98 11,200.00 7155 Overhead Benefits EHT 3,500.00 3,346.73 3,500.00 3,335.95 3,750.00 7157 Overhead Benefits Dental 800.00 826.26 800.00 1 ,138.12 1,300.00 7162 Howey Sideroad Wages 15,000.00 4,970.78 0.00 0.00 0.00 7163 Howey Sideroad Materials 27,600.00 3,147.93 0.00 0.00 0.00 7164 Howey Sideroads Own Equip Rent 0.00 4,440.00 0.00 0.00 0.00 7172 2nd Con West Wages 10,000.00 12,709.25 10,000.00 10,388.00 0.00 7173 2nd Con West Wages 35,000.00 54,643.01 2,500.00 46,257.95 0.00 7174 2nd Const West Own Equip 12,000.00 12,795.00 19,000.00 10,185.00 0.00 7175 2nd Con Const West 0/S Eq Re 0.00 6,622.61 0.00 254.93 0.00 7176 2nd Con Const West O/S Contr 8,000.00 30,989.97 150,000.00 153,716.90 0.00 7202 8th Con Wages 0.00 0.00 0.00 810.00 4,000.00 7203 8th Con Const Materials 0.00 0.00 0.00 14,918.14 33,500.00 7204 8th Con Const Own Equip Rent 0.00 0.00 0.00 900.00 2,000.00 7205 8th Con Const 0/S Equip Rent 0.00 0.00 0.00 0.00 0.00 7206 8th Con Const 0/S Contracts 0.00 0.00 0.00 0.00 47,000.00 7207 8th Con Const Miscellaneous 0.00 0.00 0.00 0.00 1,000.00 7212 8th Con Bridge Wages 0.00 0.00 20,000.00 10,485.94 0.00 7213 8th Con Bridge Materials 0.00 0.00 25,000.00 38,980.34 0.00 7214 8th Con Bridge Own Equip Rent 0.00 0.00 10,000.00 4,470.00 0.00 7215 8th Con Bridge - 0/S Equip Rent 0.00 0.00 5,000.00 228.70 0.00 7216 8th Con Bridge 0/S Contracts 0.00 0.00 10,000.00 9,126.51 0.00 i i . . TOWNSHIP OF BAYHAM 1994 BUDGET 14-2 ACCT DESCRIPTION 1992 1992 1993 1993 1994 # BUDGET ACTUAL BUDGET ACTUAL BUDGET 7217 8th Con Bridge Miscellaneous 0.00 0.00 0.00 12,003.09 0.00 7262 Richard Wood Sideroad Wages 15,000.00 3,896.60 0.00 0.00 0.00 7263 Richard Wood Sideroad Materials 28,000.00 12,853.09 0.00 0.00 0.00 7264 R Wood Sideroad Own Equip Rent 0.00 4,110.00 0.00 0.00 0.00 7265 R Wood Sideroad 0/S Equip Ren 0.00 0.00 0.00 0.00 0.00 7266 R Wood Sideroad 0/S Contracts 0.00 0.00 0.00 0.00 0.00 7277 R Wood Sideroad Miscellaneous 0.00 0.00 0.00 0.00 0.00 7272 Bartlett Bridge Wages _ 0.00 0.00 0.00 0.00 10,000.00 7273 Bartlett Bridge Materials 0.00 0.00 0.00 0.00 24,000.00 7274 Bartlett Bridge Own Equip 0.00 0.00 0.00 0.00 5,000.00 7275 Bartlett Bridge 0/S Equip 0.00 0.00 0.00 0.00 500.00 7276 Bartlett Bridge 0/S Cont 20,000.00 0.00 0.00 0.00 8,000.00 7277 Bartlett Bridge Misc 0.00 6,417.32 0.00 0.00 500.00 7302 Road Needs Study Wages 0.00 0.00 0.00 0.00 1 ,000.00 7303 Road Needs Study Materials 0.00 0.00 0.00 0.00 50.00 7304 Road Needs Study Own Equip 0.00 0.00 0.00 0.00 100.00 7305 Road Needs Study 0/S Equip 0.00 0.00 0.00 0.00 0.00 7306 Road Needs Study 0/S Cont 0.00 0.00 0.00 0.00 4,200.00 7307 Road Needs Study Misc 0.00 0.00 0.00 0.00 0.00 7312 Bridge Maitenance Wages 500.00 702.00 1 ,500.00 1,211.00 1 ,400.00 7313 Bridge Maintenance Materials 1 ,000.00 357.94 1 ,500.00 643.63 1,000.00 7314 Bridge Maintenance Own Equip Rent 500.00 165.00 500.00 585.00 600.00 7316 Bridge Maintenance O/S Contracts 0.00 1 ,246.31 500.00 0.00 0.00 7322 Culvert Maintenance Wages 5,000.00 2,875.50 6,500.00 4,425.50 500.00 7323 Culvert Maintenance Materials 4,000.00 1 ,344.66 4,500.00 3,521 .23 200.00 7324 Culvert Maintenance Own Equip Rent 1 ,000.00 2,940.00 3,000.00 3,615.00 3,500.00 7325 Culvert Maintenance 0/S Equip Rent 0.00 0.00 0.00 587.11 0.00 7327 Culvert Maintenance Miscellaneous 0.00 0.00 0.00 225.29 0.00 7332 Weed Control Wages 2,000.00 3,456.00 2,000.00 1,694.00 1 ,750.00 7333 Weed Control Materials 500.00 0.00 500.00 0.00 500.00 7334 Weed Control Equip Rent 0.00 3,720.00 0.00 1,800.00 1,500.00 7336 Weed Control 0/S Contracts 0.00 0.00 0.00 0.00 0.00 7337 Weed Conrol Miscellaneous 0.00 0.00 0.00 16.69 0.00 7342 Brushing Wages 9,400.00 12,568.37 9,500.00 3,700.50 6,000.00 7343 Brushing Materials 310.00 800.91 300.00 416.79 400.00 7344 Brushing Own Equip Rental 5,171 .00 4,710.00 4,500.00 1,080.00 2,500.00 7345 Brushing 0/S Equip Rental 0.00 265.85 0.00 0.00 300.00 7347 Brushing Miscellaneous 0.00 0.00 0.00 24.63 0.00 7352 Ditching Wages 2,000.00 5,116.50 2,200.00 6,676.00 5,500.00 7353 Ditching Materials 0.00 2,775.30 0.00 2,545.39 2,500.00 7354 Ditching Own Equip Rental 2,400.00 4,875.00 2,200.00 5,370.00 5,000.00 7355 Ditching 0/S Equip Rental 0.00 0.00 0.00 149.36 0.00 7357 Ditching Miscellaneous 0.00 0.00 0.00 66.50 0.00 7362 Catch Basins ETC Wages 1 ,000.00 81.00 1 ,000.00 1 ,413.00 1,000.00 7363 Catch Basins ETC Materials 0.00 403.36 0.00 869.26 1,000.00 7364 Catch Basins ETC Own Equip Rental 0.00 60.00 400.00 1,125.00 500.00 7365 Catch Basins ETC 0/S Equip Rental 800.00 0.00 400.00 0.00 500.00 7372 Cold Mix Wages 3,000.00 540.00 3,500.00 3,946.00 4,000.00 7373 Cold Mix Materials 18,000.00 185.24 19,500.00 2,206.32 2,500.00 7374 Cold Mix Own Equip Rental 2,000.00 240.00 2,000.00 1,725.00 2,000.00 7377 Cold Mix Miscellaneous 0.00 0.00 0.00 258.71 500.00 7382 Loose Top Maintenance Wages 10,000.00 21 ,269.21 20,000.00 26,910.53 0.00 7383 Loose Top Maintenance Materials 30,000.00 63,287.17 35,000.00 79,359.15 0.00 7384 Loose Top Maint Own Equip Rent 20,000.00 19,755.00 15,000.00 30,502.50 0.00 7385 Loose Top Maint 0/S Equip Rent 0.00 100.84 0.00 0.00 0.00 TOWNSHIP OF BAYHAM 1994 BUDGET 14-3 ACCT DESCRIPTION 1992 1992 1993 1993 1994 # BUDGET ACTUAL BUDGET ACTUAL BUDGET 7386 Loose Top Maint 0/S Contracts 0.00 100.84 0.00 127.47 0.00 7387 Loose Top Maint Miscellaneous 0.00 100.84 0.00 66.76 0.00 7392 Grading Wages 15,000.00 16,122.50 10,000.00 13,653.50 12,000.00 7394 Grading Own Equip Rental 18,000.00 16,065.00 14,000.00 15,082.50 15,000.00 7402 Dust Control Brine Wages 3,000.00 3,804.25 4,000.00 4,622.00 4,500.00 7403 Dust Control Brine Materials 200.00 0.00 300.00 282.92 300.00 7404 Dust Control Brine Own Eq Rent 4,300.00 4,245.00 5,200.00 4,545.00 5,000.00 7407 Dust Control Brine Miscellaneous 0.00 220.04 0.00 438.41 400.00 7412 Dust Control Calc Wages 500.00 0.00 500.00 0.00 0.00 7413 Dust Control Caic Materials 2,000.00 0.00 1 ,000.00 0.00 0.00 7422 Tar & Chip Wages 10,000.00 432.00 7,500.00 5,428.00 0.00 7423 Tar & Chip Materials 40,000.00 16,906.04 38,000.00 18,250.72 0.00 7424 Tar & Chip Own Equip Rent 10,000.00 0.00 5,000.00 4,320.00 0.00 7425 Tar & Chip 0/S Equip Rent 0.00 864.71 1,000.00 13.32 0.00 7426 Tar & Chip 0/S Contracts 0.00 40,842.62 18,500.00 64,077.28 0.00 7427 Tar & Chip Miscellaneous 0.00 257.50 0 273.07 0.00 7432 Safety Device Wages 3,500.00 2,763.00 3,750.00 2,563.50 2,750.00 7433 Safety Device Materials 3,900.00 3,282.19 3,900.00 1 ,633.02 2,000.00 7434 Safety Device Own Equipment 100.00 60.00 500.00 0.00 500.00 7435 Safety Device 0/S Equipment 0.00 119.17 0.00 726.29 500.00 7438 Safety Device C.N. Crossings 4,500.00 6,420.47 4,850.00 5,848.88 6,000.00 7471 Overhead Road Supt Salary 38,760.00 41 ,957.91 42,500.00 42,563.93 42,500.00 7472 Overhead Road Supt Truck Wages 1,200.00 0.00 0.00 54.00 100.00 7473 Overhead Road Supt Truck Fuel 2,500.00 3,688.92 3,300.00 2,170.40 2,500.00 7474 Overhead Road Supt Truck Repair 500.00 1 ,205.07 400.00 303.65 500.00 7475 Overhead Road Supt Truck Misc 200.00 81.00 100.00 221 .58 400.00 7476 Overhead Postage, Advt, Adm 200.00 194.02 200.00 0.00 100.00 7477 Overhead Wages Vacations 10,000.00 11 ,531 .79 11 ,500.00 14,450.00 15,000.00 7478 Overhead Wages Holidays 7,000.00 5,758.00 6,000.00 6,466.00 6,500.00 7479 Overhead Wages Sick Time 1,500.00 1 ,768.50 1 ,500.00 656.00 1,500.00 7480 Overhead Training Expenses 3,200.00 3,250.00 3,200.00 1,877.21 2,500.00 7483 Overhead Benefits WCB 4,100.00 4,112.48 4,200.00 4,150.63 4,500.00 7486 Overhead Benefits Group Insurance 12,000.00 11 ,671.01 11,800.00 13,278.41 13,000.00 7488 Overhead Tools Wages 40.00 39.75 40.00 135.00 200.00 7490 Overhead Tools Materials 2,500.00 1 ,523.10 1 ,500.00 2,855.06 1,750.00 7491 Overhead Garage Wages 5,300.00 4,145.00 4,500.00 5,362.50 5,500.00 7492 Overhead Garage Materials 4,000.00 3,052.60 4,000.00 2,637.03 3,000.00 7493 Overhead Garage Own Equip Rent 200.00 0.00 50.00 0.00 0.00 7495 Overhead Garage Utilities 6,000.00 6,562.39 6,600.00 6,570.42 6,600.00 7496 Overhead Garage Other 5,050.00 4,475.95 4,750.00 4,233.48 4,500.00 7497 Overhead Insurance 5,750.00 5,753.00 4,500.00 1 ,896.00 7,699.47 7502 Truck #2 Fuel 0.00 531 .54 0.00 713.99 0.00 7503 Truck #2 Repairs 0.00 494.20 0.00 932.02 0.00 7504 Truck #2 Wages 0.00 4,251 .50 0.00 1,156.00 0.00 7505 Truck #2 Licences 0.00 1,070.87 0.00 1,072.00 0.00 7506 Truck #2 Insurance 0.00 524.00 0.00 444.00 0.00 7509 Truck #2 Rentals 0.00 (1,222.50) 0.00 (1,455.00) 0.00 7522 Truck #4 Fuel 0.00 7,019.06 0.00 7,424.42 0.00 7523 Truck #4 Repairs 0.00 1 ,763.49 0.00 6,269.46 0.00 7524 Truck #4 Wages 0.00 3,663.50 0.00 2,579.00 0.00 7525 Truck #4 Licences 0.00 1,070.87 0.00 1,072.00 0.00 7526 Truck #4 Insurance 0.00 573.00 0.00 482.00 0.00 7529 Truck #4 Rentals 0.00 (16,995.00) 0.00 (18,825.00) 0.00 7532 Truck #5 Fuel 0.00 6,673.14 0.00 7,131.24 0.00 7533 Truck #5 Repairs 0.00 2,802.26 0.00 1,988.59 0.00 33 TOWNSHIP OF BAYHAM 1994 BUDGET 14-6 ACCT DESCRIPTION 1992 1992 1993 1993 1994 # BUDGET ACTUAL BUDGET ACTUAL BUDGET -7-'776-Tar & Chip - 2nd Conc 0/S Cont 0.00 0.00 0.00 0.00 20,000.00 7777 Tar & Chip - 2nd Conc Misc 0.00 0.00 0.00 0.00 0.00 7752 Tar & Chip - Brown Sdrd Wages 0.00 0.00 0.00 0.00 500.00 7783 Tar & Chip - Brown Sdrd Materials 0.00 0.00 0.00 0.00 5,600.00 7784 Tar & Chip - Brown Sdrd Own Equip 0.00 0.00 0.00 0.00 500.00 7785 Tar & Chip - Brown Sdrd 0/S Equip 0.00 0.00 0.00 0.00 0.00 7736 Tar & Chip - Brown Sdrd 0/S Cont 0.00 0.00 0.00 0.00 19,000.00 7787 Tar & Chip - Brown Sdrd Misc. 0.00 0.00 0.00 0.00 0.00 7792 Tar & Chip - Project #4 0.00 0.00 0.00 0.00 0.00 7793 Tar & Chip - Project #4 0.00 0.00 0.00 0.00 0.00 7794 Tar & Chip - Project #4 0.00 0.00 0.00 0.00 0.00 7795 Tar & Chip - Project #4 0.00 0.00 0.00 0.00 0.00 7796 Tar & Chip - Project #4 0.00 0.00 0.00 0.00 0.00 7797 Tar & Chip - Project #4 0.00 0.00 0.00 0.00 0.00 7852 Tar & Chip - General Wages 0.00 0.00 0.00 0.00 4,000.00 7853 Tar & Chip - General Materials 0.00 0.00 0.00 0.00 5,000.00 7854 Tar & Chip - General Own Equip 0.00 0.00 0.00 0.00 1,500.00 7855 Tar & Chip - General 0/S Equip 0.00 0.00 0.00 0.00 0.00 7856 Tar & Chip - General 0/S Cont 0.00 0.00 0.00 0.00 0.00 7857 Tar & Chip - General Misc 0.00 0.00 0.00 0.00 0.00 7653 _Dodge Bucket Truck Repair 0.00 0.00 0.00 0.00 0.00 TOTAL 649.881.00 647,118.44 740,440.00 850.651.13 758,149.47 • r - TOWNSHIP OF BAYHAM 1994 BUDGET 14-4 ACCT DESCRIPTION 1992 1992 1993 1993 1994 # BUDGET ACTUAL BUDGET ACTUAL BUDGET 7534Truck #5 Wages 0.00 1,602.25 0.00 1,695.00 0.00 7535 Truck #5 Licences 0.00 1 ,070.87 0.00 1 ,072.00 0.00 7536 Truck #5 Insurance 0.00 524.00 0.00 444.00 0.00 7539 Truck #5 Rentals 0.00 (14,850.00) 0.00 (18,772.50) 0.00 7544 Truck #6 Wages 0.00 0.00 0.00 0.00 0.00 7552 Grader #6 Fuel 0.00 3,185.90 0.00 3,326.34 0.00 7553 Grader #6 Repairs 0.00 3,851 .37 0.00 327.51 0.00 7554 Grader #6 Wages 0.00 2,929.00 0.00 3,280.00 0.00 7555 Grader #6 Licences 0.00 46.87 0.00 48.00 0.00 7556 Grader #6 Insurance 0.00 0.00 0.00 358.00 0.00 7559 Grader #6 Rentals 0.00 (9,780.00) 0.00 (12,060.00) 0.00 7562 Grader #7 Fuel 0.00 3,738.96 0.00 3,582.99 0.00 7563 Grader #7 Repairs 0.00 6,919.87 0.00 1 ,778.80 0.00 7564 Grader #7 Wages 0.00 4,506.50 0.00 2,130.00 0.00 7565 Grader #7 Licences 0.00 46.87 0.00 48.00 0.00 7566 Grader #7 Insurance 0.00 0.00 0.00 358.00 0.00 7569 Grader #7 Rentals 0.00 (16,125.00) 0.00 (17,535.00) 0.00 7572 Case Loader Fuel 0.00 2,252.73 0.00 3,601.08 0.00 7573 Case Loader Repairs 0.00 1 ,276.29 0.00 2,395.59 0.00 7574 Case Loader Wages 0.00 1 ,993.25 0.00 1 ,101 .00 0.00 7575 Case Loader Licences 0.00 46.87 0.00 48.00 0.00 7576 Case Loader Insurance 0.00 0.00 0.00 268.00 0.00 7579 Case Loader Rentals 0.00 (14,527.50) 0.00 (16,642.50) 0.00 7582 John Deere Backhoe Fuel 0.00 662.37 0.00 556.28 0.00 7583 John Deere Backhoe Repairs 0.00 1 ,005.82 0.00 500.04 0.00 7584 John Deere Backhoe Wages 0.00 899.50 0.00 707.00 0.00 7585 John Deere Backhoe Licence 0.00 46.91 0.00 48.00 0.00 7586 John Deere Backhoe Insurance 0.00 0.00 0.00 126.00 0.00 7589 John Deere Backhoe Rentals 0.00 (6,015.00) 0.00 (5,880.00) 0.00 7592 Tractor & Mower Fuel 0.00 400.40 0.00 239.70 0.00 7593 Tractor & Mower Repairs 0.00 1 ,129.18 0.00 37.17 0.00 7594 Tractor & Mower Wages 0.00 767.50 0.00 451 .00 0.00 7596 Tractor & Mower Insurance 0.00 0.00 0.00 52.00 0.00 7599 Tractor & Mower Rentals 0.00 (3,990.00) 0.00 (2,415.00) 0.00 7612 Truck #8 Fuel 0.00 2,211.24 0.00 1,736.68 0.00 7613 Truck #8 Repairs 0.00 852.47 0.00 1,327.20 0.00 7614 Truck #8 Wages 0.00 1,225.50 0.00 1,222.00 0.00 7615 Truck #8 Licences 0.00 940.87 0.00 942.00 0.00 7616 Truck #8 Insurance 0.00 524.00 0.00 444.00 0.00 76 19 Truck #8 Rentals 0.00 (5,085.00) 0.00 (4,770.00) 0.00 7632 Roads Equipment Purchased 0.00 17,101.19 10,000.00 10,085.25 151 ,000.00 7633 Roads Land Purchased 10,000.00 978.52 12,000.00 0.00 8,000.00 7634 Roads Drainage Assessments 29,000.00 5,572.88 22,500.00 24,798.45 3,000.00 7642 Pit Wages 0.00 54.00 0.00 0.00 0.00 7647 Pit Miscellaneous 2,000.00 0.00 0.00 0.00 7,000.00 7650 Non-Subsidized Accounts 3,000.00 2,901.00 2,800.00 2,875.00 3,600.00 7662 L'Top Maint - Hendricks Wages 0.00 0.00 0.00 0.00 7,000.00 7663 L'Top Maint - Hendricks Materials 0.00 0.00 0.00 0.00 18,000.00 7664 L'Top Maint - Hendricks Own Equip 0.00 0.00 0.00 0.00 9,000.00 7665 L'Top Maint - Hendricks 0/S Equip 0.00 0.00 0.00 0.00 0.00 7666 L'Top Maint - Hendricks 0/S Cont 0.00 0.00 0.00 0.00 0.00 7667 L'Top Maint - Hendricks Misc 0.00 0.00 0.00 0.00 1,000.00 7672 L'Top Maint - Hedges Wages 0.00 0.00 0.00 0.00 1,000.00 7673 L'Top Maint - Hedges Materials 0.00 0.00 0.00 0.00 10,000.00 7674 L'Top Maint - Hedges Own Equip 0.00 0.00 0.00 0.00 1,000.00 I TOWNSHIP OF BAYHAM 1994 BUDGET 14-5 ACCT DESCRIPTION 1992 1992 1993 1993 1994 # BUDGET ACTUAL BUDGET ACTUAL BUDGET i675 L'Top Maint - Hedges 0/S Equip 0.00 0.00 0.00 0.00 0.00 7676 L'Top Maint - Hedges 0/S Cont 0.00 0.00 0.00 - 0.00 0.00 7677 L'Top Maint - Hedges Misc 0.00 0.00 0.00 0.00 0.00 7682 L'Top Maint - Riverbend Wages 0.00 0.00 0.00 0.00 500.00 7683 L'Top Maint - Riverbend Materials 0.00 0.00 0.00 0.00 4,000.00 7684 L'Top Maint - Riverbend Own Equip 0.00 0.00 0.00 0.00 500.00 7685 L'Top Maint - Riverbend 0/S Equip 0.00 0.00 0.00 0.00 0.00 7686 L'Top Maint - Riverbend 0/S Cont 0.00 0.00 0.00 0.00 0.00 7687 L'Top Maint - Riverbend Misc 0.00 0.00 0.00 0.00 0.00 7692 L'Top Maint - Corinth Rd Wages 0.00 0.00 0.00 0.00 200.00 7693 L'Top Maint - Corinth Rd Materials 0.00 0.00 0.00 0.00 1,500.00 7694 L'Top Maint - Corinth Rd Own Equip 0.00 0.00 0.00 0.00 300.00 7695 L'Top Maint - Corinth Rd 0/S Equip 0.00 0.00 0.00 0.00 0.00 7696 L'Top Maint - Corinth Rd 0/S Cont 0.00 0.00 0.00 0.00 0.00 7697 L'Top Maint - Corinth Rd Misc 0.00 0.00 0.00 0.00 0.00 7702 L'Top Maint - Gregson Wages 0.00 0.00 0.00 0.00 4,000.00 7703 L'Top Maint - Gregson Materials 0.00 0.00 0.00 0.00 2,000.00 7704 L'Top Maint - Gregson Own Equip 0.00 0.00 0.00 0.00 3,000.00 7705 L'Top Maint - Gregson 0/S Equip 0.00 0.00 0.00 0.00 1,000.00 7706 L'Top Maint - Gregson 0/S Cont 0.00 0.00 0.00 0.00 2,000.00 7707 L'Top Maint - Gregson Misc 0.00 0.00 0.00 0.00 500.00 7712 L'Top Maint - Mitchell Wages 0.00 0.00 0.00 0.00 750.00 7713 L'Top Maint - Mitchell Materials 0.00 0.00 0.00 0.00 12,000.00 7714 L'Top Maint - Mitchell Own Equip 0.00 0.00 0.00 0.00 900.00 7715 L'Top Maint - Mitchell 0/S Equip 0.00 0.00 0.00 0.00 0.00 7716 L'Top Maint - Mitchell 0/S Cont 0.00 0.00 0.00 0.00 0.00 7717 L'Top Maint - Mitchell Misc 0.00 0.00 0.00 0.00 0.00 7722 L'Top Maint - Dennis Wages 0.00 0.00 0.00 0.00 1 ,000.00 7723 L'Top Maint - Dennis Materials 0.00 0,00 0.00 0.00 3,000.00 7724 L'Top Maint - Dennis Own Equip 0.00 0.00 0.00 0.00 1 ,000.00 7725 L'Top Maint - Dennis 0/S Equip 0.00 0.00 0.00 0.00 0.00 7726 L'Top Maint - Dennis 0/S Cont 0.00 0.00 0.00 0.00 0.00 7727 L'Top Maint - Dennis Misc 0.00 0.00 0.00 0.00 0.00 7732 L'Top Maint - Roloson Wages 0.00 0.00 0.00 0.00 3,000.00 7733 L'Top Maint - Roloson Materials 0.00 0.00 0.00 0.00 2,500.00 7734 L'Top Maint - Roloson Own Equip 0.00 0.00 0.00 0.00 4,500.00 7735 L'Top Maint - Roloson 0/S Equip 0.00 0.00 0.00 0.00 1 ,000.00 7736 L'Top Maint - Roloson 0/S Cont 0.00 0.00 0.00 0.00 0.00 7737 L'Top Maint - Roloson Misc 0.00 0.00 0.00 0.00 0.00 7752 L'Top Maint - General Wages 0.00 0.00 0.00 0.00 6,500.00 7753 L'Top Maint - General Materials 0.00 0.00 0.00 0.00 15,000.00 7754 L'Top Maint - General Own Equip 0.00 0.00 0.00 0.00 10,000.00 7755 L'Top Maint - General 0/S Equip 0.00 0.00 0.00 0.00 0.00 7756 L'Top Maint - General 0/S Cont 0.00 0.00 0.00 0.00 0.00 7757 L'Top Maint - General Misc 0.00 0.00 0.00 0.00 0.00 7762 Tar & Chip - 3rd Conc Wages 0.00 0.00 0.00 0.00 500.00 7763 Tar & Chip - 3rd Conc Materials 0.00 0.00 0.00 0.00 3,000.00 7764 Tar & Chip - 3rd Conc Own Equip 0.00 0.00 0.00 0.00 500.00 7765 Tar & Chip - 3rd Conc 0/S Equip 0.00 0.00 0.00 0.00 0.00 7766 Tar & Chip - 3rd Conc 0/S Cont 0.00 0.00 0.00 0.00 10,000.00 7767 Tar & Chip - 3rd Conc Misc 0.00 0.00 0.00 0.00 0.00 7772 Tar & Chip - 2nd Conc Wages 0.00 0.00 0.00 0.00 500.00 7773 Tar & Chip - 2nd Conc Materials 0.00 0.00 0.00 0.00 6,200.00 7774 Tar & Chip - 2nd Conc Own Equip 0.00 0.00 0.00 0.00 500.00 7775 Tar & Chip - 2nd Conc 0/S Equip 0.00 0.00 0.00 0.00 0.00 TOWNSHIP OF BAYHAM 1994 BUDGET 14-6 ACCT DESCRIPTION 1992 1992 1993 1993 1994 # BUDGET ACTUAL BUDGET ACTUAL BUDGET -7-'776-Tar & Chip - 2nd Conc 0/S Cont 0.00 0.00 0.00 0.00 20,000.00 7777 Tar & Chip - 2nd Conc Misc 0.00 0.00 0.00 0.00 0.00 7752 Tar & Chip - Brown Sdrd Wages 0.00 0.00 0.00 0.00 500.00 7783 Tar & Chip - Brown Sdrd Materials 0.00 0.00 0.00 0.00 5,600.00 7784 Tar & Chip - Brown Sdrd Own Equip 0.00 0.00 0.00 0.00 500.00 7785 Tar & Chip - Brown Sdrd 0/S Equip 0.00 0.00 0.00 0.00 0.00 7736 Tar & Chip - Brown Sdrd 0/S Cont 0.00 0.00 0.00 0.00 19,000.00 7787 Tar & Chip - Brown Sdrd Misc. 0.00 0.00 0.00 0.00 0.00 7792 Tar & Chip - Project #4 0.00 0.00 0.00 0.00 0.00 7793 Tar & Chip - Project #4 0.00 0.00 0.00 0.00 0.00 7794 Tar & Chip - Project #4 0.00 0.00 0.00 0.00 0.00 7795 Tar & Chip - Project #4 0.00 0.00 0.00 0.00 0.00 7796 Tar & Chip - Project #4 0.00 0.00 0.00 0.00 0.00 7797 Tar & Chip - Project #4 0.00 0.00 0.00 0.00 0.00 7852 Tar & Chip - General Wages 0.00 0.00 0.00 0.00 4,000.00 7853 Tar & Chip - General Materials 0.00 0.00 0.00 0.00 5,000.00 7854 Tar & Chip - General Own Equip 0.00 0.00 0.00 0.00 1,500.00 7855 Tar & Chip - General 0/S Equip 0.00 0.00 0.00 0.00 0.00 7856 Tar & Chip - General 0/S Cont 0.00 0.00 0.00 0.00 0.00 7857 Tar & Chip - General Misc 0.00 0.00 0.00 0.00 0.00 7653 _Dodge Bucket Truck Repair 0.00 0.00 0.00 0.00 0.00 TOTAL 649.881.00 647,118.44 740,440.00 850.651.13 758,149.47 • r - • , . TOWNSHIP OF BAYHAM 1994 BUDGET 01 -25-20 Road Department Winter Control 15-1 REVENUE ACCT Description 1992 1992 1993 1993 1994 # BUDGET ACTUAL BUDGET ACTUAL BUDGET 5100 Winter Control Ontari Grants 0.00 0.00 0.00 0.00 0.00 5300_ Winter Control Other Municipalities 0.00 2,069.90 0.00 1 ,387.40 0.00 TOTAL 0.00 2,069.90 0.00 1 .387.40 0.00 • EXPENDITURE ACCT DESCRIPTION 1992 1992 1993 1993 1994 # BUDGET ACTUAL BUDGET ACTUAL BUDGET 7151 Overhead Benefit CPP 0.00 201.88 0.00 304.72 350.00 7152 Overhead Benefit UI 0.00 371.24 0.00 514.86 650.00 7154 Overhead Benefit Omers 0.00 565.71 0.00 857.90 1,500.00 7155 Overhead Benefit EHT 0.00 184.59 0.00 278.81 350.00 7312 Winter Control Snow Wages 10,500.00 7,863.25 8,000.00 11 ,576.00 14,000.00 7313 Winter Control Snow Materials 0.00 58.11 500.00 7314 Winter Control Snow Own Equip 9,500.00 5,977.50 8,000.00 7,515.00 9,500.00 7317 Winter Control Snow Miscellaneous 0.00 0.00 0.00 921.72 500.00 7322 Winter Control Sand Wages 9,500.00 2,899.88 9,500.00 2,722.00 15,000.00 7323 Winter Control Sand Materials 0.00 8,610.56 0.00 12,264.00 14,000.00 7324 Winter Control Sand Own Equip 8,500.00 2,452.50 9,500.00 4,635.00 6,500.00 7327 Winter Control Sand Miscellaneous 0.00 94.83 0.00 0.00 0.00 EXPENDITURE 38,000.00 29,221.94 35,000.00 41,648.12 62,850.00 1 • TOWNSHIP OF BAYHAM 1994 BUDGET 01 -25-85 Streetlighting 16-1 EXPENDITURE ACCT Description 1992 1992 1993 1993 1994 # BUDGET ACTUAL BUDGET ACTUAL BUDGET 7801 SLA Transfers to Areas 16,400.00 16,390.59 9,824.28 9,905.13 10,525.14 7802 SLA Recoveries from Areas 0.00 0.00 0.00 0.00 0.00 TOTAL 16,400.00 16,390.59 9,824.28 9,905.13 10,525.14 i TOWNSHIP OF BAYHAM 1994 BUDGET 01 -30-30 Water 17-1 REVENUE ACCT DESCRIPTION 1992 1992 1993 1993 1994 # BUDGET ACTUAL BUDGET ACTUAL BUDGET 6400 Grants 0.00 0.00 0.00 0.00 93,333.33 6700 Sale of Land Richmond 1,980.00 1,980.00 2,178.00 2,178.00 2,178.00 6800 Sale of Debentures 0.00 0.00 0.00 0.00 35,200.00 TOTAL 1,980.00 1,980.00 2,178.00 2,178.00 130,711.33 EXPENDITURE ACCT DESCRIPTION 1992 1992 1993 1993 1994 # BUDGET ACTUAL BUDGET ACTUAL BUDGET 7300 Water MOE 1,500.00 1 ,009.03 1,200.00 1,195.77 1,200.00 7400 Highway 19 0.00 0.00 0.00 0.00 140,000.00 7600 Water Study 500.00 565.00 0.00 7,410.01 15,000.00 7700 Water Village of Vienna 648.00 647.70 648.00 7,507.15 648.00 TOTAL 2.648.00 2,221.73 1,848.00 16,112.93 156,848.00 TOWNSHIP OF BAYHAM 1994 BUDGET • 01 -30-40 Waste Management Collection 18-1 EXPENSE ACCT DESCRIPTION 1992 1992 1993 1993 1994 _# BUDGET ACTUAL BUDGET ACTUAL BUDGET 700_Garbage Collection Contract 62,300.00 62,292.48 63,600.00 63,600.77 57,000.00 TOTAL 62,300.00 62,292.48 63,600.00 63,600.77 57,000.00 TOWNSHIP OF BAYHAM 1994 BUDGET 01 -30-50 Waste Management Disposal & Transfer Station 19-1 REVENUE ACCT DESCRIPTION 1992 1992 1993 1993 1994 # BUDGET ACTUAL BUDGET ACTUAL BUDGET 5100 Garbage Disposal MNR 4,800.00 4,800.00 4,000.00 4,000.00 4,000.00 5400 Waste Diversion Plan Income 0.00 2,240.00 38,500.00 22,210.00 51,000.00 TOTAL 4,800.00 7,040.00 42,500.00 26,210.00 55,000.00 EXPENSE ACCT DESCRIPTION 1992 1992 1993 1993 1994 # BUDGET ACTUAL BUDGET ACTUAL BUDGET 7101 Transfer Station Wages 9,000.00 10,441 .89 9,200.00 10,776.37 6,000.00 7151 Transfer Station CPP 140.00 164.72 170.00 183.41 185.00 7152 Transfer Station UIC 400.00 422.59 450.00 448.00 450.00 7153 Transfer Station WCB 190.00 214.32 225.00 226.30 225.00 7155 Transfer Station EHT 180.00 184.03 190.00 197.10 215.00 7300 Transfer Station Disposal Fees 236,990.00 245,595.99 225,000.00 208,972.75 163,600.00 7359 Transfer Station Maintenance 100.00 11.83 0.00 33.90 50.00 7369 Transfer Station Telephone 0.00 0.00 0.00 307.88 200.00 7400 Waste Diversion Plan Expenses 0.00 59,539.50 50,000.00 53,846.15 50,000.00 TOTAL 247,000.00 316,574.87 285,235.00 274.991 .86 220,925.00 K • . TOWNSHIP OF BAYHAM 1994 BUDGET 01 -35-50 Cemeteries 20-1 REVENUE ACCT DESCRIPTION 1992 1992 1993 1993 1994 # BUDGET ACTUAL BUDGET ACTUAL BUDGET 5400 Cemetery Boards Revenue 4,000.00 2,231.00 2,500.00 9,479.00 4,000.00 TOTAL 4,000.00 2,231.00 2,500.00 9,479.00 4,000.00 EXPENDITURE ACCT DESCRIPTION 1992 1992 1993 1993 1994 # BUDGET ACTUAL BUDGET ACTUAL BUDGET 7371 Maint of Abondoned Cemeteries 7,000.00 7,780.98 8,000.00 8,056.80 7,500.00 7372 Cemetery Boards Expenditure 14,000.00 12,973.28 14,000.00 13,802.00 12,000.00 7500 Cemetery Boards Capital 0.002,160.00 0.00 0.00 0.00 TOTAL 21,000.00 22,914.26 22,000.00 21,858.80 19,500.00 • TOWNSHIP OF BAYHAM 1994 BUDGET • 01 -40- 10 Grants & Donations 21 -1 EXPENSE ACCT DESCRIPTION 1992 1992 1993 1993 1994 # BUDGET ACTUAL BUDGET ACTUAL BUDGET 7700 General Assistance Grants 1 ,000.00 250.00 500.00 250.00 250.00 7701 Award Grant (Green Fund) _ 200.00 200.00 200.00 200.00 200.00 TOTAL 1,200.00 450.00 700.00 450.00 450.00 s • TOWNSHIP OF BAYHAM 1994 BUDGET 01 -45- 10 Parks & Recreation 22-1 REVENUE ACCT DESCRIPTION 1992 1992 1993 1993 1994 # BUDGET ACTUAL BUDGET ACTUAL BUDGET 5100 Parks & Recreation Ontario Grants 6,000.00 6,000.00 0.00 0.00 0.00 5400 Parks & Recreation Service Charges 20,000.00 20,091.69 21,000.00 23,543.65 20,000.00 TOTAL 26,000.00 26,091.69 21,000.00 23,543.65 20,000.00 i EXPENDITURE ACCT DESCRIPTION 1992 1992 1993 1993 1994 # BUDGET ACTUAL BUDGET ACTUAL BUDGET 5500 Day Camp Charges 19.99 0.00 7153 Community Centre WCB 200.00 0.00 0.00 0.00 0.00 7300 Recreation Supplies 1,000.00 0.00 0.00 0.00 0.00 7314 Community Centre Maintenance 8,500.00 23,144.12 10,000.00 10,883.54 2,500.00 7355 Parks Maintenance 3,700.00 6,212.13 10,000.00 11 ,378.05 14,000.00 7361 Community Centre Insurance 2,000.00 1 ,992.00 1 ,600.00 1 ,611.00 1 ,863.00 7371 Recreation Program Expense 0.00 96.58 3,000.00 7372 Community Centre Board 21,000.00 19,284.88 20,000.00 23,835.09 20,000.00 7500 Recreation Capital Expenditures 3,000.00 0.00 0.00 1,629.07 0.00 7700 Recreation Grants 1,000.00 1,150.00 1,500.00 1,520.00 1,500.00 TOTAL 40,400.00 51,783.13 43,100.00 50,973.32 42,863.00 I l • TOWNSHIP OF BAYHAM 1994 BUDGET 01 --50- 10 Planning & Development 23-1 REVENUE ACCT DESCRIPTION 1992 1992 1993 1993 1994 # BUDGET ACTUAL BUDGET ACTUAL BUDGET 5100 Planning & Zoning Ontario Grants 15,000.00 9,874.21 5,125.00 8,139.48 0.00 5400 Planning & Zoning Service Charges 5,000.00 6,773.76 6,000.00 9,830.00 7,000.00 TOTAL 20,000.00 16,647.97 11,125.00 17,969.48 7,000.00 EXPENDITURE ACCT DESCRIPTION 1992 1992 1993 1993 1994 BUDGET ACTUAL BUDGET ACTUAL BUDGET 7103 Industrial Committee Wages 500.00 0.00 0.00 0.00 0.00 7314 Planning & Zoning Supplies 200.00 10.84 50.00 269.83 500.00 7362 Planning & Zoning Legal Expense 2,000.00 0.00 1,500.00 0.00 1 ,500.00 7365 Planning & Zoning Consult Fee 33,000.00 38,756.16 30,000.00 28,282.33 30,000.00 7370 Planning & Zoning Other Expense 2,500.00 2,898.97 2,500.00 1 ,887.42 2,000.00 TOTAL 38,200.00 41,665.97 34,050.00 30,439.58 34,000.00 • TOWNSHIP OF BAYHAM 1994 BUDGET • 01 -50-20 Commercial Development 24-1 EXPENDITURE ACCT DESCRIPTION 1992 1992 1993 1993 1994 # _ BUDGET ACTUAL BUDGET ACTUAL BUDGET 7370 Grants 0.00 0.00 0.00 1,000.00 0.00 TOTAL 0.00 0.00 0.00 1000.00 0.00 • TOWNSHIP OF BAYHAM 1994 BUDGET •. 01 --50--40 Agricultural & Drainage 25-1 REVENUE ACCT DESCRIPTION 1992 1992 1993 1993 1994 # BUDGET ACTUAL BUDGET ACTUAL BUDGET 5100 Agric & Ref Ontario Grants 0.00 2,273.91 0.00 5,645.92 0.00 5300 Agric & Ref Other Municipalities 0.00 84.73 0.00 539.94 0.00 5500 Drain Repairs Other Charge 0.00 0.00 0.00 0.00 0.00 TOTAL 0.00 2,358.64 0.00 6,185.86 0.00 EXPENDITURE ACCT DESCRIPTION 1992 1992 1993 1993 1994 # BUDGET ACTUAL BUDGET ACTUAL BUDGET 7200 Drain Debt Charges 7,333.36 7,333.36 4,368.00 4,367.77 4,500.00 7317 Drain Maintenance 15,000.00 6,660.71 0.00 17,654.38 0.00 7320 Drain Stock 0.00 0.00 0.00 (200.81) 0.00 7371 Drain Superintendent 1 ,200.00 170.00 0.00 0.00 0.00 TOTAL 22,333.36 13,994.07 4,368.00 21 821.34 4 500.00_ TOWNSHIP OF BAYHAM 1994 BUDGET 01 -50-50 Tile Drainage 26-1 REVENUE ACCT DESCRIPTION 1992 1992 1993 1993 1994 # _ BUDGET ACTUAL BUDGET ACTUAL BUDGET 5400 Tile Drainage Debt Charges 50,292.97 59,576.64 29,052.00 29,680.17 29,190.00 TOTAL 50292.97 59,576.64 29,052.00 29,680.17 29.190.00 EXPENDITURE ACCT DESCRIPTION 1992 1992 1993 1993 1994 # BUDGET ACTUAL BUDGET ACTUAL BUDGET 7200 Tile Drainage Debt Charges 50,297.97 59,577.92 29,052.00 29,680.17 29,190.00 TOTAL 50,297.97 59,577.92 291052.00 29,680.17 29,190.00 TOWNSHIP OF BAYHAM 1994 BUDGET 27-1 Revenue . ACCT Description 1992 1992 1993 1993 1994 # BUDGET ACTUAL BUDGET ACTUAL BUDGET 04-00 Township Tax & Related Revenue 937,717.70 939,006.26 919,716.22 930,301.77 940,001.72 04-01 Billings & Grant Revenues 241 ,928.00 287,511.19 253,054.00 257,632.00 321,951.15 05-00 County 359,912.70 358,342.92 458,845.56 458,200.43 541,677.20 06-00 Public School Elementary 647,306.00 642,481.61 579,614.60 579,768.56 595,946.05 07-00 Public School Secondary 552,990.00 549,615.57 543,516.41 544,717.67 542,746.65 08-00 Separate School Elementary 97,201 .37 97,190.67 83,628.45 80,956.71 80,995.80 09-00 Separate School Secondary 68,149.06 68,142.08 63,035.90 61,085.05 63,708.27 10-00 General Government 3,300.00 1,416.03 500.00 500.34 500.00 20-10 Fire 3,000.00 4,300.00 4,300.00 4,770.00 3,750.00 20-40 Protective Inspection & Con 1,000.00 1,316.21 1,000.00 1 ,285.07 1 ,000.00 25-10 Roadways 380,700.00 404,842.38 431 ,400.00 437,806.95 453,800.00 25-20 Winter Control 0.00 2,069.90 0.00 1,387.40 0.00 30-30 Waterworks System 1 ,980.00 1,980.00 2,178.00 2,178.00 130,711.33 30-50 Garbage Disposal 4,800.00 7,040.00 42,500.00 26,210.00 55,000.00 35-50 Cemeteries 4,000.00 2,231.00 2,500.00 9,479.00 4,000.00 45-10 Parks & Recreation 26,000.00 26,091.69 21 ,000.00 23,543.65 20,000.00 50-10 Planning & Zoning 20,000.00 16,647.97 11 ,125.00 17,969.48 7,000.00 50-40 Agricuitre & Reforestations 0.00 2,358.64 0.00 6,185.86 0.00 50-50 Tile Drainage 50,292.97 59,576.64 29,052.00 29,680.17 29,190.00 TOTAL REVENUE 3,400,277.80 3,472.160.76 3,446,966.14 3,473,658.11 3,791,978.19 TOWNSHIP REVENUE 782,261.53 863,930.54 834,940.00 865,543.45 1,065,539.26 Expenditures ACCT Description 1992 1992 1993 1993 1994 # BUDGET ACTUAL BUDGET ACTUAL BUDGET 05-00 County 359,912.70 358,342.93 458,845.56 458,200.61 541,677.20 06-00 Public School Elementary 647,306.00 642,481 .61 579,614.60 579,768.56 595,946.05 07-00 Public School Secondary 552,990.00 549,615.57 543,516.41 544,717.67 542,746.65 08-00 Separate School Elementary 97,201.37 97,190.67 83,628.45 80,956.71 80,995.80 09-00 Separate School Secondary 68,149.06 68,142.08 63,035.90 61,085.05 63,708.28 10-00 General Government 322,241 .72 325,995.03 309,900.00 314,264.26 269,317.00 10-15 Council 0.00 0.00 0.00 0.00 40,310.00 20-10 Fire 136,055.00 119,787.42 107,245.00 75,050.79 100,315.00 20-20 Police Protection 500.00 203.08 500.00 208.27 500.00 20-30 Conservation Authority 11,620.00 11,620.00 12,030.00 12,030.00 12,107.00 20-40 Protective Inspection & Con 58,790.00 55,283.62 56,890.00 57,304.70 61,950.00 25-10 Roadways 649,881 .00 647,118.44 740,440.00 850,651.13 758,149.47 25-20 Winter Control 38,000.00 29,221.94 35,000.00 41,648.12 62,850.00 25-85 Street Lighting 16,400.00 16,390.59 9,824.28 9,905.13 10,525.14 30-30 Waterworks System 2,648.00 2,221.73 1 ,848.00 16,112.93 156,848.00 30-40 Garbage Collection 62,300.00 62,292.48 63,600.00 63,600.77 57,000.00 30-50 Garbage Disposal 247,000.00 316,574.87 285,235.00 274,991.86 220,925.00 35-50 Cemeteries 21,000.00 22,914.26 22,000.00 21 ,858.80 19,500.00 40-10 General Assistance 1,200.00 450.00 700.00 450.00 450.00 45-10 Parks & Recreation 40,400.00 51,783.13 43,100.00 50,973.32 42,863.00 50-10 Planning & Zoning 38,200.00 41 ,665.97 34,050.00 30,439.58 34,000.00 50-20 Commercial Development 0.00 0.00 0.00 1,000.00 0.00 50-40 Agriculture & Reforestations 22,333.36 13,994.07 4,368.00 21,821.34 4,500.00 50-50 Tile Drainage 50,297.97 59,577.92 29,052.00 29,680.17 29,190.00 TOTAL EXPENDITURES 3,444.426.18 3.492.867.41 3,484.423.20 3,596.719.77 3.706,373.59 TOWNSHIP EXPENDITURES 1,718,867.05 1,777,094.55 1 ,755,782.28 1,871,991.17 1,881,299.61 REVENUE OVER (UNDER) EXPENDITURE (44,148.38) (20,706.65) (37,457.06) (123,061.66) 85,604.60 TOWNSHIP OF BAYHAM 1994 BUDGET Mill Rate Calculation & Summary 28-1 1993 1994 Total budgeted expenditures 1 ,755,782.28 1 ,881 ,299.61 Total budgeted revenues (exclude taxes) 834,940.00 1 ,065,539.26 Expenditures - Revenues 920,842.28 815,760.35 Surplus or (deficit) from previous year: 37,457.06 (85,604.60) Total Tax dollars required 883.385.22 901,364.95 1994 Mill Rate Calculation Commercial Assessment 644,700 Business Assessment 155,795 800,495 85% of Residential Assessment 5,660,459 - 6.460.954 Commercial/Business Mill Rate 901,364.95 *1000 139.5096 mills 6,460,954 Residential/Farm Mill Rate 85% of 183.4252 118.5831 mills Check Assessment Mill Rate Taxes Commercial Assessment 644,700 139.5096 89,941 .82 Business Assessment 155,795 139.5096 21,734.89 Residential Assessment 6,659,364 118.5831 789,688.24 901,364.95 1993 vs 1994 Mill Rate Comparison 1993 1994 Inc/(Dec) Residential/Farm 117.5907 118.583 0.844% Commerial/Business 138.342 139.510 0.844% TOWNSHIP OF BAYHAM 1994 BUDGET • Reserves & Reserve Funds 29-1 Status of Reserves and Reserve Funds Reserves 1993 1994 Reserve for Working Funds 350,000.00 300,000.00 Reserve for Equipment 199,400.00 178,400.00 Reserve for Fire Department Capitati Equip 60,000.00 80,000.00 609,400.00 558,400.00 Reserve Funds Park Reserve Fund 32,131 .65 22,131 .65 Eden Improvement Reserve Fund 10,938.55 10,938.55 43,070.20 33,070.20 Total Reserves $652,470.20 $591 ,470.20 CORPORATION OF THE TOWNSHIP OF BAYHAM BY-LAW NO. 94-30 BEING A BY-LAW DECREASING THE SPEED OF MOTOR VEHICLES FROM STATUTORY SPEED LIMITS IN THE HAMLET WHEREAS Subsections 2 and 3 of Section 128 of the Highway Traffic Act, R.S.O. 1990, Chapter H.8 authorizes the council of a municipality and the trustees of a police village by by- law to prescribe a speed limit of 40, 50, 60, 70, 80, 90 or 100 kilometres per hour for motor vehicles driven on any highway or portion of highway under its jurisdiction; AND WHEREAS it is deemed expedient that the speed of motor vehicles on certain highways in the Corporation of the Township of Bayham be restricted; THEREFORE THE COUNCIL OF THE CORPORATION OF THE TOWNSHIP OF BAYHAM ENACTS AS FOLLOWS: 1. WHEN any highway or portion of highway set out below is marked in compliance with the regulations under the Highway Traffic Act, the maximum rate of speed thereon shall be 50 kilometres per hour. Highway From To Road Allowance Between The line between Lot The line between Concession 9 and Concession 10 5 and Lot 6 Lot 6 and Lot 7 2. The penalties provided in Subsection 14 of Section 128 of the Highway Traffic Act shall apply to offenses against this by-law. READ A FIRST AND SECOND TIME this 16th day of JUNE, 1994. READ A THIRD TIME AND FINALLY PASSED this 16th day of JUNE, 1994. e ef57 dJ17/ / • REEVE CLERK • CORPORATION OF THE TOWNSHIP OF BAYHAM BY-LAW NO. 94-31 A BY-LAW TO CONFIRM ALL ACTIONS OF THE COUNCIL OF THE CORPORATION OF THE TOWNSHIP OF BAYHAM AT THE REGULAR MEETING HELD JUNE 16TH, 1994 WHEREAS under Section 9 of the Municipal Act, R.S.O. 1990 Chapter M.45 the powers of a municipal corporation are to be exercised by the council of the municipality; AND WHEREAS under Section 101 of the Municipal Act the powers of council are to be exercised by by-law; AND WHEREAS the Council of the Corporation of the Township of Bayham deems it advisable that the proceedings of the meeting be confirmed and adopted by by-law. THEREFORE THE COUNCIL OF THE CORPORATION OF THE TOWNSHIP OF BAYHAM ENACTS AS FOLLOWS: 1. THAT the action of the Council of the Corporation of the Township of Bayham in respect of each recommendation and each motion and resolution passed and other action by the Council at its meeting held June 16th, 1994 is hereby adopted and confirmed as if all proceedings were expressly embodied in this by-law. 2. THAT the Reeve and Clerk of the Corporation of the Township of Bayham are hereby authorized and directed to do all things necessary to give effect to the action the Council including executing all documents and affixing the Corporate Seal. READ A FIRST AND SECOND TIME this 16th day of JUNE, 1994. READ A THIRD TIME AND FINALLY PASSED this 16th day of JUNE, 1994. - Z(k REEVE CLERK CORPORATION OF THE TOWNSHIP OF BAYHAM BY-LAW NO. 94-32 A BY-LAW TO AUTHORIZE THE DEPUTY REEVE AND CLERK TO EXECUTE A QUIT CLAIM DEED FOR A RIGHT-OF-WAY OVER PART OF THE R. HUBBARD BLOCK WEST OF TALBOT ROAD, PLAN 205 FOR THE HAMLET OF STRAFFORDVILLE DESIGNATED AS PART 2 ON REFERENCE PLAN 11R-5104. WHEREAS a right-of-way has been established over Part of the R. Hubbard Block, Plan 205, in the hamlet of Straffordville being Part 2 on Reference Plan 11R-5104. AND WHEREAS the Township of Bayham is not in need of this right-of-way. AND WHEREAS the owner has requested the Council of the Corporation of the Township of Bayham to Quit Claim this right-of-way. AND WHEREAS it is now deemed expedient for the Corporation to Quit Claim the right-of- way over the R. Hubbard Block, Plan 205, and contained in Part 2 on Reference Plan 11R-5104. THEREFORE THE COUNCIL OF THE CORPORATION OF THE TOWNSHIP OF BAYHAM ENACTS AS FOLLOWS: 1. THAT the Deputy Reeve and Clerk be and are hereby authorized to execute a Quit Claim - Transfer/Deed of Land for the right-of-way over Part of the R. Hubbard Block, Plan 205, for the hamlet of Straffordville and designated as Part 2 on Reference Plan 11R-5104. 2. THAT this by-law comes info full force and effect upon final passing. READ A FIRST AND SECOND TIME this 7th day of JULY, 1994 READ A THIRD TIME AND FINALLY PASSED this 7th day of JULY, 1994 ofe . ,/ • • "-. / .f4f ,11 PUTY REEVE CL ' • CORPORATION OF THE TOWNSHIP OF BAYHAM BY-LAW NO. 94-33 A BY-LAW TO AUTHORIZE THE DEPUTY REEVE AND CLERK TO ENTER INTO AN AGREEMENT WITH THE CORPORATION OF THE COUNTY OF ELGIN TO CONSTRUCT, USE AND OPERATE WORKS ON COUNTY ROAD ALLOWANCES IN THE COUNTY OF ELGIN. WHEREAS the Corporation of the County of Elgin passed By-law 94-23 to authorize municipalities in the County of Elgin to construct, use and operate works on County road allowances in the County of Elgin. AND WHEREAS the Council of the Corporation of the Township of Bayham deems it necessary to enter into an agreement with the County of Elgin to provide for the franchise or right of passing through the County for the purpose of constructing, using and operating works on County road allowances within the Township of Bayham. THEREFORE THE COUNCIL OF THE CORPORATION OF THE TOWNSHIP OF BAYHAM ENACTS AS FOLLOWS: 1. THAT the Deputy Reeve and Clerk be and are hereby authorized and empowered to enter into and to execute an agreement wit the Corporation of the County of Elgin to grant a franchise or right of passing through the County for the purpose of constructing, using and operating works on County road allowances within the Township of Bayham. 2. THAT said agreement is attached hereto as Schedule "A" and forms a part of this by- law. 3. THAT By-law No. 1781 is hereby repealed in its entirety, 4. THAT this by-law shall come into full force and effect upon final passing. REM) A FIRST AND SECOND TIME this 7th day of JULY, 1994 READ A THIRD TIME AND FINALLY PASSED this 7th day of JULY, 1994 c/DEPUTY REEVE CLERK AGREEMENT Made in triplicate this 7th Day of July A . D . , 1994 . BETWEEN : CORPORATION OF THE COUNTY OF ELGIN HEREINAFTER CALLED "THE COUNTY" OF THE FIRST PART - AND - THE CORPORATION OF THE HEREINAFTER CALLED "THE GRANTEE" OF THE SECOND PART WHEREAS the Grantee has requested the County to grant it and its Successors and Assigns a franchise or right of passing through the County for the purpose of constructing works on County road allowances within the County and ; WHEREAS the Grantee in addition to other matters agrees that the requirements of the County with respect to the construction and installation of certain services and improvements on County roads be undertaken to the satisfaction of the said County . WHEREAS the County has by by- law passed on the 24th day of May , A . D . , 1994 granted the said franchise from and after the execution of this Agreement and has authorized and empowered the Warden and Clerk of the said County to execute this Agreement and to fix the Corporate Seal thereto . NOW THEREFORE the parties hereto in consideration of other good and valuable consideration and the sum of ONE DOLLAR ( $ 1 . 00 ) of lawful money of Canada paid by each of them to the other the receipt whereof is hereby each acknowledged covenant and agree each with the other as follows : 1 . The County does hereby grant , confer and assure onto the Grantee , its Successors and Assigns full right , power , permission and consent to enter upon , use , occupy the highways of or under the jurisdiction of the County to survey , construct , lay , maintain , inspect , alter , repair , renew , remove , replace , reconstruct , use and operate in , through , upon , under , along and across the same or any of them work required within the County road allowance by the Grantee consistent with the Municipal Act or other related Acts on its behalf . 2 . Pipeline works shall include pipes for the conveyance of potable water , irrigation water , sanitary sewage and storm water , including all connections , apparatus , appliances , attachments , cathodic protection , pumping stations , manholes , catchbasins and things necessary and incidental thereto and to a system for the purpose of providing enhanced use of the road allowance within the County road allowance . 3 . Road works shall include curbing , sidewalk , street lights , signs , drainage , pipes , manholes , catchbasins , plantings , granular material , asphalt , interlocking bricks with any and all connections , apparatus , appliances and attachments necessary or incidental thereto and to a system for the purpose of providing enhanced use of the road allowance within the County road allowance . 4 . The Grantee warrants that if required by the County Engineer it will engage the services of qualified Consulting Engineers to design all works in accordance with good engineering design standards and all applicable regulations and codes and to prepare plans , specifications , tenders and contract documents incorporating all the same , to provide detailed estimates of costs of the said works with cost breakdowns , to supervise the construction , installation and erection of said services , to certify the completion thereof in accordance with approved contract documents , to provide detailed "as constructed" plans of the completed works and to act generally on the behalf of the Grantee in respect of the construction or installation of the said services and works . AGREEMENT PAGE 2 . 5 . All of the works above shall be constructed or installed at no expense to the County in accordance with plans and specifications in contract documents prepared by the Grantee ' s Consulting Engineers and approved in writing by the County Engineer . All construction or installation of such works shall be undertaken under the supervision of the Grantee ' s Consulting Engineers with inspections to be made by the County Engineer and by the Grantee ' s Engineer as the case may be . 6 . The Grantee will use all reasonable efforts to commence and complete the installation or construction of the works in accordance with the work schedule to be submitted in writing by the Grantee ' s Consulting Engineer and approved in writing by the County Engineer . 7 . Provided that in the event the Grantee through no fault or neglect on its part is delayed in performing anything required of it under this agreement by any cause whatsoever beyond its control then the time within which it is required to perform any thing required of it under this Agreement shall be extended for a period of time equal to the time lost due to such delay or for such further period of time as the County Engineer may approve in writing . 8 . Except in the case of emergency , no excavation , opening or work which will disturb or interfere with the travelled surface of any part of any County road will be undertaken or commenced by the Grantee without written notice to the County Engineer . Such notice to be given at least forty eight hours ( 48 ) in advance of commencing such work unless otherwise agreed to by the said County Engineer . 9 . That the Grantee will cause to be discharged any lien filed with the County pursuant to the Construction Lien Act in respect to any works undertaken by the Grantee within any public highway pursuant to the provisions of this Agreement and it will pay any legal costs , fees and disbursements howsoever incurred by the County in connection with any such lien . 10 . In the event the County shall deem it expedient to alter the construction of any part of the public highway or any municipal drain , ditch , culvert or other municipal works or improvements thereon or therein and in the course thereof it shall become necessary to have the Grantee make changes in its line or lines or works in order to facilitate the work of the County and upon receipt of reasonable notice in writing from the County Engineer specifying the changes desired the Grantee shall at its own expense change its line or lines or works at the point specified . 11 . The Grantee shall construct , repair and replace any sewer line or water line or other works with all reasonable expedition so that the highway shall not be torn or obstructed for any unnecessary length of time and upon the construction , repair and replacement of any such line or lines or works or the taking up of any of the same or the moving of any of the same from place to place in a highway , the highway shall , with all reasonable expedition be restored to its proper level and graded and left in a safe and good state of repair as it was before it was entered upon or opened , and to the satisfaction of the County Engineer . 12 . The Grantee agrees to provide the County Engineer with detailed "as constructed" plans and specifications of the services constructed or installed under the terms of this Agreement within one ( 1 ) year of the completion thereof as certified by the Grantee ' s Consulting Engineer . AGREEMENT PAGE 3 . 13 . The Grantee will indemnify and save harmless the County from and against all loss , damage , injury , or expense which the County may bear , suffer or be put to by reason of any damage to property or injury to person caused by the construction , repair and maintenance , removal or operation by the Grantee , its officers , servants , agents , contractors , sub-contractors or employees of any of the services unless such loss , damage , injury or expense is occasioned by an Act of God or by the Act , neglect or default of some other persons , firm or corporation other than the Grantee its officers , servants , agents , contractors , sub-contractors or employees . 14 . Any notice or any other communication which may be required to be given under this Agreement shall be sufficiently given if given in writing and delivered in the case of the County , to the Clerk thereof , or in the case of the Grantee to the Clerk thereof or is sent by prepaid registered mail in the case of the County addressed to : Clerk Corporation of the County of Elgin 450 Sunset Drive St . Thomas , Ontario N5R 5V1 - OR - in the case of the Grantee addressed to : Clerk Corporation of the Township of Bayham P . O . Box 160 Straffordville , Ontario NOJ 1Y0 or to such other address as is given in writing by either party to the other and any such notice shall be deemed good and sufficient notice and shall be deemed effective at the time of delivery thereof or four ( 4 ) business days after the date thereof . 15 . This Agreement shall enure to the benefit of and be binding upon the parties hereto and their respective successors and assigns and may be altered by Agreement of both parties in writing . 16 . The rights and privileges hereby granted shall continue and remain in force for a period of twenty ( 20 ) years from the date hereof . AND WITNESS WHEREOF THE PARTIES HEREUNTO AFFIX THEIR RESPECTIVE CORPORATE SEALS ATTESTED BY THE HANDS OF THEIR PROPER OFFICERS IN THAT BEHALF . CORPORATION OF THE COUNTY OF ELGIT WARDEN 4Ir . Agif CLERK THE CORPORATION OF THE Township of Bayham or dir ,l - 'fluty R ve CLER EXECUTED THIS 7th DAY OF July 1994 . COUNTY OF ELGIN BY-LAW NO. 94-23 "A BY-LAW TO AUTHORIZE THE MUNICIPALITIES IN THE COUNTY OF ELGIN (HEREINAFTER CALLED THE 'GRANTEE' AND WHICH TERMS SHALL INCLUDE ITS SUCCESSORS AND ASSIGNS) , TO CONSTRUCT, USE AND OPERATE WORKS ON COUNTY ROAD ALLOWANCES IN THE COUNTY OF ELGIN (HEREINAFTER CALLED 'TIIE COUNTY' )" • WHEREAS the Grantee has requested the Corporation of the County of Elgin to grant a franchise or right of passing through the County for the purpose of constructing, using and operating works on road allowances within the County and; WHEREAS subject to the terms and conditions hereinafter set forth the Municipal Council of the Corporation of the County of Elgin has agreed to grant the said franchise. BE IT THEREFORE ENACTED by the Municipal Council of the Corporation of the County of Elgin as follows: 1 . Full right, power, permission and consent are hereby granted conferred and assured onto the Grantee, its successors and assigns to enter upon, use and occupy the highways of or under the jurisdiction of the County to survey, construct, lay, maintain and inspect, alter, repair, renew, remove, replace, reconstruct, use and operate, in, through, upon, under, along and across the same or any of them works required within the County by the Grantee consistent with the Municipal Act or other related Acts on its behalf. 2. Such right or franchise shall be subject to the terms and conditions set out in an Agreement to be entered into between the County and the Grantee in pursuance of this By-Law. 3. The Warden and Clerk for the said County are hereby authorized and empowered to enter into and to execute on behalf of the County the Agreement aforesaid and to affix the Corporate Seal thereto with any of the constituent municipalities in the County of Elgin that have executed said Agreement. 4 . This By-Law shall come into force and take effect immediately after an Agreement in the form hereunto annexed has been executed by all the parties thereto. 5. All By-Laws Inconsistent with this By-Law are hereby repealed. READA FIRST AND SECOND TIME THIS 24 DAY OF MAY, 1994. READ A THIRD TIME AND FINALLY PASSED THIS 24 DAY OF MAY , 1994 . / , CI)e0S.<-3> CLER 'APPIr WARDEN I , S.J. NEFFRE N, DEPUTY CLERK OF THE CORPORATION OF TETE COUNTY OF ELGIN, DO HEREBY C.ucrIFY ThAT 1HE Ft) meeING IS A TRUE COPY OF BY—LAW N3.9443, 3, PASSED BY THE COUNCIL OF THE SAID CORPORATION ON THE ALFTH DAY OF May octet , 1 . CORPORATION OF THE TOWNSHIP OF BAYHAM BY-LAW NO. 94-33 A BY-LAW TO AUTHORIZE THE DEPUTY REEVE AND CLERK TO ENTER INTO AN AGREEMENT WITH THE CORPORATION OF THE COUNTY OF ELGIN TO CONSTRUCT, USE AND OPERATE WORKS ON COUNTY ROAD ALLOWANCES IN THE COUNTY OF ELGIN. WHEREAS the Corporation of the County of Elgin passed By-law 94-23 to authorize municipalities in the County of Elgin to construct, use and operate works on County road allowances in the County of Elgin. AND WHEREAS the Council of the Corporation of the Township of Bayham deems it necessary to enter into an agreement with the County of Elgin to provide for the franchise or right of passing through the County for the purpose of constructing, using and operating works on County road allowances within the Township of Bayham. THEREFORE THE COUNCIL OF THE CORPORATION OF THE TOWNSHIP OF BAYHAM ENACTS AS FOLLOWS: 1. THAT the Deputy Reeve and Clerk be and are hereby authorized and empowered to enter into and to execute an agreement wit the Corporation of the County of Elgin to grant a franchise or right of passing through the County for the purpose of constructing, using and operating works on County road allowances within the Township of Bayham. 2. THAT said agreement is attached hereto as Schedule "A" and forms a part of this by- law. 3. THAT By-law No. 1781 is hereby repealed in its entirety, 4. THAT this by-law shall come into full force and effect upon final passing. READ A FIRST AND SECOND TIME this 7th day of JULY, 1994 READ A THIRD TIME AND FINALLY PASSED this 7th day of JULY, 1994 ...„(:// EPUTY REEVE CLERK AGREEMENT Made in triplicate this 7th Day of July A . D . , 1994 . BETWEEN : CORPORATION OF THE COUNTY OF ELGIN HEREINAFTER CALLED "THE COUNTY" OF THE FIRST PART - AND - THE CORPORATION OF THE HEREINAFTER CALLED "THE GRANTEE" OF THE SECOND PART WHEREAS the Grantee has requested the County to grant it and its Successors and Assigns a franchise or right of passing through the County for the purpose of constructing works on County road allowances within the County and ; WHEREAS the Grantee in addition to other matters agrees that the requirements of the County with respect to the construction and installation of certain services and improvements on County roads be undertaken to the satisfaction of the said County . WHEREAS the County has by by- law passed on the 24th day of May , A . D . , 1994 granted the said franchise from and after the execution of this Agreement and has authorized and empowered the Warden and Clerk of the said County to execute this Agreement and to fix the Corporate Seal thereto . NOW THEREFORE the parties hereto in consideration of other good and valuable consideration and the sum of ONE DOLLAR ( $ 1 . 00 ) of lawful money of Canada paid by each of them to the other the receipt whereof is hereby each acknowledged covenant and agree each with the other as follows : 1 . The County does hereby grant , confer and assure onto the Grantee , its Successors and Assigns full right , power , permission and consent to enter upon , use , occupy the highways of or under the jurisdiction of the County to survey , construct , lay , maintain , inspect , alter , repair , renew , remove , replace , reconstruct , use and operate in , through , upon , under , along and across the same or any of them work required within the County road allowance by the Grantee consistent with the Municipal Act or other related Acts on its behalf . 2 . Pipeline works shall include pipes for the conveyance of potable water , irrigation water , sanitary sewage and storm water , including all connections , apparatus , appliances , attachments , cathodic protection , pumping stations , manholes , catchbasins and things necessary and incidental thereto and to a system for the purpose of providing enhanced use of the road allowance within the County road allowance . 3 . Road works shall include curbing , sidewalk , street lights , signs , drainage , pipes , manholes , catchbasins , plantings , granular material , asphalt , interlocking bricks with any and all connections , apparatus , appliances and attachments necessary or incidental thereto and to a system for the purpose of providing enhanced use of the road allowance within the County road allowance . 4 . The Grantee warrants that if required by the County Engineer it will engage the services of qualified Consulting Engineers to design all works in accordance with good engineering design standards and all applicable regulations and codes and to prepare plans , specifications , tenders and contract documents incorporating all the same , to provide detailed estimates of costs of the said works with cost breakdowns , to supervise the construction , installation and erection of said services , to certify the completion thereof in accordance with approved contract documents , to provide detailed "as constructed" plans of the completed works and to act generally on the behalf of the Grantee in respect of the construction or installation of the said services and works . AGREEMENT PAGE 2 . 5 . All of the works above shall be constructed or installed at no expense to the County in accordance with plans and specifications in contract documents prepared by the Grantee ' s Consulting Engineers and approved in writing by the County Engineer . All construction or installation of such works shall be undertaken under the supervision of the Grantee ' s Consulting Engineers with inspections to be made by the County Engineer and by the Grantee ' s Engineer as the case may be . 6 . The Grantee will use all reasonable efforts to commence and complete the installation or construction of the works in accordance with the work schedule to be submitted in writing by the Grantee ' s Consulting Engineer and approved in writing by the County Engineer . 7 . Provided that in the event the Grantee through no fault or neglect on its part is delayed in performing anything required of it under this agreement by any cause whatsoever beyond its control then the time within which it is required to perform any thing required of it under this Agreement shall be extended for a period of time equal to the time lost due to such delay or for such further period of time as the County Engineer may approve in writing . 8 . Except in the case of emergency , no excavation , opening or work which will disturb or interfere with the travelled surface of any part of any County road will be undertaken or commenced by the Grantee without written notice to the County Engineer . Such notice to be given at least forty eight hours ( 48 ) in advance of commencing such work unless otherwise agreed to by the said County Engineer . 9 . That the Grantee will cause to be discharged any lien filed with the County pursuant to the Construction Lien Act in respect to any works undertaken by the Grantee within any public highway pursuant to the provisions of this Agreement and it will pay any legal costs , fees and disbursements howsoever incurred by the County in connection with any such lien . 10 . In the event the County shall deem it expedient to alter the construction of any part of the public highway or any municipal drain , ditch , culvert or other municipal works or improvements thereon or therein and in the course thereof it shall become necessary to have the Grantee make changes in its line or lines or works in order to facilitate the work of the County and upon receipt of reasonable notice in writing from the County Engineer specifying the changes desired the Grantee shall at its own expense change its line or lines or works at the point specified . 11 . The Grantee shall construct , repair and replace any sewer line or water line or other works with all reasonable expedition so that the highway shall not be torn or obstructed for any unnecessary length of time and upon the construction , repair and replacement of any such line or lines or works or the taking up of any of the same or the moving of any of the same from place to place in a highway , the highway shall , with all reasonable expedition be restored to its proper level and graded and left in a safe and good state of repair as it was before it was entered upon or opened , and to the satisfaction of the County Engineer . 12 . The Grantee agrees to provide the County Engineer with detailed "as constructed" plans and specifications of the services constructed or installed under the terms of this Agreement within one ( 1 ) year of the completion thereof as certified by the Grantee ' s Consulting Engineer . AGREEMENT PAGE 3 . 13 . The Grantee will indemnify and save harmless the County from and against all loss , damage , injury , or expense which the County may bear , suffer or be put to by reason of any damage to property or injury to person caused by the construction , repair and maintenance , removal or operation by the Grantee , its officers , servants , agents , contractors , sub-contractors or employees of any of the services unless such loss , damage , injury or expense is occasioned by an Act of God or by the Act , neglect or default of some other persons , firm or corporation other than the Grantee its officers , servants , agents , contractors , sub-contractors or employees . 14 . Any notice or any other communication which may be required to be given under this Agreement shall be sufficiently given if given in writing and delivered in the case of the County , to the Clerk thereof , or in the case of the Grantee to the Clerk thereof or is sent by prepaid registered mail in the case of the County addressed to : Clerk Corporation of the County of Elgin 450 Sunset Drive St . Thomas , Ontario N5R 5V1 - OR - a in the case of the Grantee addressed to : Clerk Corporation of the Township of Bayham P . O . Box 160 Straffordville , Ontario NOJ 1Y0 or to such other address as is given in writing by either party to the other and any such notice shall be deemed good and sufficient notice and shall be deemed effective at the time of delivery thereof or four ( 4 ) business days after the date thereof . 15 . This Agreement shall enure to the benefit of and be binding upon the parties hereto and their respective successors and assigns and may be altered by Agreement of both parties in writing . 16 . The rights and privileges hereby granted shall continue and remain in force for a period of twenty ( 20 ) years from the date hereof . AND WITNESS WHEREOF THE PARTIES HEREUNTO AFFIX THEIR RESPECTIVE CORPORATE SEALS ATTESTED BY THE HANDS OF THEIR PROPER OFFICERS IN THAT BEHALF . CORPORATION OF THE COUNTY OF E WARDEN Cl lAO' CLERK THE CORPORATION OF THE Township of Bayham tn12-4‘ZeJter putt' Reeve 41if iiiOr CLER ' EXECUTED THIS 7th DAY OF July 1994 . • I COUNTY OF ELGIN BY-LAW NO. 94-23 "A BY-LAW 10 AUTHORIZE THE MUNICIPALITIES IN THE COUNTY OF ELGIN (HEREINAFTER CALLED THE 'GRANTEE' AND WHICH TERMS SHALL INCLUDE ITS SUCCESSORS AND ASSIGNS) , TO CONSTRUCT, USE AND OPERATE WORKS ON COUNTY ROAD ALLOWANCES IN TOE COUNTY OF ELGIN (HEREINAFTER CALLED 'TILE COUNTY' )" WHEREAS the Grantee has requested the Corporation of the County of Elgin to grant a franchise or right of passing through the County for the purpose of constructing, using and operating works on road allowances within the County and; WHEREAS subject to the terms and conditions hereinafter set forth the Municipal Council of the Corporation of the County of Elgin has agreed to grant the said franchise. BE IT THEREFORE ENACTED by the Municipal Council of the Corporation • of the County of Elgin as follows : 1 . Full right, power, permission and consent are hereby granted conferred and assured onto the Grantee, its successors and assigns to enter upon, use and occupy the highways of or under the jurisdiction of the County to survey, construct, lay, maintain and inspect, alter , repair, renew, remove, replace, reconstruct, use and operate, in, through, upon, under, along and across the same or any of them works required within the County by the Grantee consistent with the Municipal Act or other related Acts on its behalf. 2. Such right or franchise shall be subject to the terms and conditions set out in an Agreement to be entered into between the County and the Grantee in pursuance of this By-Law. • I 3. The Warden and Clerk for the said County are hereby authorized and empowered to enter into and to execute on behalf of the County the Agreement aforesaid and to affix the Corporate Seal thereto with any of the constituent municipalities in the County of E l gin tha t have executed said Agreement. 4 . This By-Law shall come into force and take effect immediately after an Agreement in the form hereunto annexed has been executed by all the parties thereto. 5. All Dy-Laws inconsistent with this By-Law are hereby repealed. READ A FIRST AND SECOND TIME THIS 24 DAY OF MAY, 1994. READ A THIRD TIME AND FINALLY PASSED THIS 24 DAY OF MAY , 1994 . L-k4Cr olikofIL1111111111, et:5gOC CLER S WARDEN I , S.J. HEFFREN, DEPUTY CLERK OF THE CORPORATION OF TETE awry OF ELGIN, DO HEREBY CERTIFY THAT THE FOREGOING IS A TRUE COPY OF BY-LAW ND.94•Z3, PASSED BY THE COUNCIL OF THE SAID CORPORATION ON THE A4 Th DAY OF 1"1 FWY , 094 do e - n 4- (,,„, A. ;r14410: 9Y--? .s,1•6 a y 0 F *, MARK G. McDONALD COUNTY CLERK ! " 450 SUNSET DRIVE (Mrs.) SANDRA J. HEFFREN 2 ST THOMAS, ONTARIO DEPUTY COUNTY CLERK D • GI N5R 5V1 0 PHONE (519) 631-1460 0 FAX (519) 633-7661 0�TAR\4 August 12 , 1994 Township of Bayham P . O. Box 160 STRAFFORDVILLE, Ontario NOJ 110 Attention : Donald W. MacLeod , Clerk-Treasurer Dear Mr . MacLeod : Re : Standard Municipal Agreement for Work on County Road Allowances between County of Elgin and Township of Bayham Enclosed please find two duly signed copies of the above-noted agreement for your records . Yours truly , S . J . effren (Mrs . ) , Deputy Clerk . SH/db Encl . c . c . - F . Groch CORPORATION OF THE TOWNSHIP OF BAYHAM BY-LAW NO. 94-34 • A BY-LAW TO CONFIRM ALL ACTIONS OF THE COUNCIL OF THE CORPORATION OF THE TOWNSHIP OF BAYHAM AT THE REGULAR MEETING HELD JULY 7TH, 1994 WHEREAS under Section 9 of the Municipal Act, R.S.O. 1990 Chapter M.45 the powers of a municipal corporation are to be exercised by the council of the municipality; AND WHEREAS under Section 101 of the Municipal Act the powers of council are to be exercised by by-law; AND WHEREAS the Council of the Corporation of the Township of Bayham deems it advisable that the proceedings of the meeting be confirmed and adopted by by-law. THEREFORE THE COUNCIL OF THE CORPORATION OF THE TOWNSHIP OF BAYHAM ENACTS AS FOLLOWS: 1. THAT the action of the Council of the Corporation of the Township of Bayham in respect of each recommendation and each motion and resolution passed and other action by the Council at its meeting held July 7th, 1994 is hereby adopted and confirmed as if all proceedings were expressly embodied in this by-law. 2. THAT the Deputy Reeve and Clerk of the Corporation of the Township of Bayham are hereby authorized and directed to do all things necessary to give effect to the action the Council including executing all documents and affixing the Corporate Seal. READ A FIRST AND SECOND TIME this 7th day of JULY, 1994. READ A THIRD TIME AND FINALLY PASSED this 7th day of JULY, 1994. /0(P 10/ DEPUTY REEVE CLERK • CORPORATION OF THE TOWNSHIP OF BAYHAM BY-LAW NO. 94-35 BEING A BY-LAW TO AUTHORIZE THE REEVE AND CLERK TO EXECUTE A MUTUAL AGREEMENT FOR DRAINAGE AT LOT 11 IN CONCESSION 2 AND CONCESSION 3 WHEREAS Section 2 of the Drainage Act, R.S.O. 1990 Chapter D. 17 allows for two or more owners of land to construct drainage works and to enter into a written agreement for the construction, improvement, financing and maintenance of such drainage works; AND WHEREAS the owners of land at Lot 11 in Concession 2 and Concession 3, Township of Bayham have filed with the Clerk a copy of an agreement for the maintenance of a previously constructed drainage works; AND WHEREAS it is now necessary to authorize the Reeve and Clerk to execute the aforesaid mutual agreement for drainage on behalf of the Corporation of the Township of Bayham in conjunction with the owners of land at Lot 11 in Concession 2 and Concession 3. THEREFORE COUNCIL OF THE CORPORATION OF THE TOWNSHIP OF BAYHAM ENACTS AS FOLLOWS: 1. THAT the Reeve and Clerk be and are hereby authorized to execute the Agreement by Owners - Mutual Agreement Drain at Lot 11 in Concession 2 and Concession 3, Township of Bayham. 2. THAT the said Agreement attached hereto as Schedule "A" forms part of this By-Law 3. THAT this by-law shall come into full force and effect upon final passing. READ A FIRST AND SECOND TIME this 21st day of JULY, 1994. READ A THIRD TIME AND FINALLY PASSED this 21st day of JULY, 1994. /011)/A91 ..� Gam_____- .�► REEVE CLERK CORPORATION OF THE TOWNSHIP OF BAYHAM BY-LAW NO. 94-36 • BEING A BY-LAW TO AUTHORIZE THE REEVE AND CLERK TO EXECUTE A MUTUAL AGREEMENT FOR DRAINAGE AT LOT 12 IN CONCESSION 2 AND CONCESSION 3 WHEREAS Section 2 of the Drainage Act, R.S.O. 1990 Chapter D. 17 allows for two or more owners of land to construct drainage works and to enter into a written agreement for the construction, improvement, financing and maintenance of such drainage works; AND WHEREAS the owners of land at Lot 12 in Concession 2 and Concession 3, Township of Bayham have filed with the Clerk a copy of an agreement for the maintenance of a previously constructed drainage works; AND WHEREAS it is now necessary to authorize the Reeve and Clerk to execute the aforesaid mutual agreement for drainage on behalf of the Corporation of the Township of Bayham in conjunction with the owners of land at Lot 12 in Concession 2 and Concession 3. THEREFORE COUNCIL OF THE CORPORATION OF THE TOWNSHIP OF BAYHAM ENACTS AS FOLLOWS: 1. THAT the Reeve and Clerk be and are hereby authorized to execute the Agreement by Owners - Mutual Agreement Drain at Lot 12 in Concession 2 and Concession 3, Township of Bayham. 2. THAT the said Agreement attached hereto as Schedule "A" forms part of this By-Law 3. THAT this by-law shall come into full force and effect upon final passing. READ A FIRST AND SECOND TIME this 21st day of JULY, 1994. READ A THIRD TIME AND FINALLY PASSED this 21st day of JULY, 1994. d)e # 4;1 REEVE CLERK CORPORATION OF THE TOWNSHIP OF BAYHAM BY-LAW NO. 94-37 BEING A BY-LAW TO AUTHORIZE THE REEVE AND CLERK TO EXECUTE A MUTUAL AGREEMENT FOR DRAINAGE AT LOT 12 IN CONCESSION 2 AND CONCESSION 3 WHEREAS Section 2 of the Drainage Act, R.S.O. 1990 Chapter D. 17 allows for two or more owners of land to construct drainage works and to enter into a written agreement for the construction, improvement, financing and maintenance of such drainage works; AND WHEREAS the owners of land at Lot 12 in Concession 2 and Concession 3, Township of Bayham have filed with the Clerk a copy of an agreement for the maintenance of a previously constructed drainage works; AND WHEREAS it is now necessary to authorize the Reeve and Clerk to execute the aforesaid mutual agreement for drainage on behalf of the Corporation of the Township of Bayham in conjunction with the owners of land at Lot 12 in Concession 2 and Concession 3. THEREFORE COUNCIL OF THE CORPORATION OF THE TOWNSHIP OF BAYHAM ENACTS AS FOLLOWS: 1. THAT the Reeve and Clerk be and are hereby authorized to execute the Agreement by Owners - Mutual Agreement Drain at Lot 12 in Concession 2 and Concession 3, Township of Bayham. 2. THAT the said Agreement attached hereto as Schedule "A" forms part of this By-Law 3. THAT this by-law shall come into full force and effect upon final passing. READ A FIRST AND SECOND TIME this 21st day of JULY, 1994. READ A THIRD TIME AND FINALLY PASSED this 21st day of JULY, 1994. ..i /Oa/0 REEVE CLERK r CORPORATION OF THE TOWNSHIP OF BAYHAM BY-LAW NO. 94-38 BEING A BY-LAW TO PROVIDE FOR COMPOSITE BALLOT OR THE ELECTION OF THE REEVE, DEPUTY REEVE AND COUNCILLORS. WHEREAS Section 50 of the Municipal Elections Act, R.S.O. 1990, Chapter M.43 as amended, permits the use of composite ballot, when a by-law is passed prior to the first day of October in an election year; AND WHEREAS the Council of the Corporation of the Township of Bayham deems it desirable to use a composite ballot for the election of the Reeve, Deputy Reeve and Councillors. THEREFORE THE COUNCIL OF THE CORPORATION OF THE TOWNSHIP OF BAYHAM ENACTS AS FOLLOWS: 1. THAT one ballot shall used to elect: (a) The Reeve (b) The Deputy Reeve (c) The Councillors 2. THIS by-law shall remain in force from year to year until repealed. READ A FIRST AND SECOND TIME this 21st day of JULY, 1994. READ A THIRD TIME AND FINALLY PASSED this 21st day of JULY, 1994. Z/, REEVE CLERK CORPORATION OF THE TOWNSHIP OF BAYHAM BY-LAW NO. 94-39 A BY-LAW TO AUTHORIZE THE SALE OF LAND WHEREAS Section 193 of the Municipal Act, R.S.O. 1990 Chapter M.45 permits municipalities to sell land that is surplus to the needs of the municipality; AND WHEREAS the Council of the Corporation of the Township of Bayham is the owner of Part of the L.J Hatch Lot, Plan 205, known municipally as 6 Plank Road South and further described as Parts 1 , 2, 3 and 4 on Reference Plan 11R-5674; AND WHEREAS the Council of the Corporation of the Township of Bayham has determined that the aforementioned parcels of land are surplus to the needs of the municipality; AND WHEREAS the Council of the Corporation of the Township of Bayham is desirous of selling the aforementioned parcels of land. THEREFORE THE COUNCIL OF THE CORPORATION OF THE TOWNSHIP OF BAYHAM ENACTS AS FOLLOWS: 1. THAT the land described as Part 1 and 2 on Reference Plan 11R-5674 be sold to Sylvere and Maria Van Gulck for the sum of $5,000.00, plus one-half of all expenses. 2. THAT the land described as Part 3 and 4 on Reference Plan 11R-5674 be sold to 1058241 Ontario Ltd for the sum of $5,000.00, plus one-half of all expenses. 3. THAT the Reeve and Clerk are hereby authorized to execute such documents as may be necessary therefor, and affix the Corporate Seal of the Municipality thereto. READ -A FIRST AND SECOND TIME this 21st day of JULY, 1994. READ A THIRD TIME AND FINALLY PASSED this 21st day of JULY, 1994. 10111jit491 REEVE CLERK CORPORATION OF THE TOWNSHIP OF BAYHAM BY-LAW 94-40 BEING A BY-LAW TO CLOSE AND STOP UP AND SELL PART OF THE ORIGINAL ROAD ALLOWANCE BETWEEN LOTS 20 AND 21, CONCESSION 9, TOWNSHIP OF BAYHAM WHEREAS Section 297 of the Municipal Act, R.S.O. 1990, Chapter M.45 permits municipalities to pass by-laws to stop up, close and sell highways; AND WHEREAS it is deemed expedient in the interest of the Municipal Corporation of the Township of Bayham, hereinafter called the Corporation, that the original unopened road allowance set out and described in Schedule "A" attached hereto be closed and stopped up; and the land sold to the adjoining land owners; AND WHEREAS notice of this By-law has been published once a week for four successive weeks in the Tillsonburg News; AND WHEREAS the Council for the said Corporation has heard in person or by his counsel, solicitor or agent, all persons claiming that their Iand will be prejudicially affected by this By- law and who applied to be heard. THEREFORE THE COUNCIL OF THE CORPORATION OF THE TOWNSHIP OF BAYHAM ENACTS AS FOLLOWS: 1. THAT upon and after the passing of this By-law all that portion of the 66 foot allowance for the road set out and described in Schedule "A" attached hereto, be and the same is hereby closed and stopped up. 2. THAT all that part of the said unopened road allowance herein before described and stopped up shall be sold to the adjoining owner or owners or any of them. 3. THAT the Reeve and Clerk of the Corporation of the Township of Bayham are hereby authorized to sign or execute such deeds or other documents as may be necessary to effect conveyance of that part of the said unopened road allowance herein before described and which has been stopped up and closed. 4. THAT this by-law comes info full force and effect upon final passing. READ A FIRST AND SECOND TIME this 21st day of July 1994. READ A THIRD TIME AND FINALLY PASSED this 21st day of July 1994. 4111111. is7/(//111-- • ri REEVE CLERK SCHEDULE "A" To By-law 94-40 • Part of the Road Allowance between Lot 20 and Lot 21 , Concession 9 and being Parts 1 , 2, 3 and 4 on Reference Plan 11R-2031 . CORPORATION OF THE TOWNSHIP OF BAYHAM BY-LAW NO. 94-41 • A BY-LAW TO CONFIRM ALL ACTIONS OF THE COUNCIL OF THE CORPORATION OF THE TOWNSHIP OF BAYHAM AT THE REGULAR MEETING HELD JULY 21ST, 1994 WHEREAS under Section 9 of the Municipal Act, R.S.O. 1990 Chapter M.45 the powers of a municipal corporation are to be exercised by the council of the municipality; AND WHEREAS under Section 101 of the Municipal Act the powers of council are to be exercised by by-law; AND WHEREAS the Council of the Corporation of the Township of Bayham deems it advisable that the proceedings of the meeting be confirmed and adopted by by-law. THEREFORE THE COUNCIL OF THE CORPORATION OF THE TOWNSHIP OF BAYHAM ENACTS AS FOLLOWS: 1. THAT the action of the Council of the Corporation of the Township of Bayham in respect of each recommendation and each motion and resolution passed and other action by the Council at its meeting held July 21st, 1994 is hereby adopted and confirmed as if all proceedings were expressly embodied in this by-law. 2. THAT the Reeve and Clerk of the Corporation of the Township of Bayham are hereby authorized and directed to do all things necessary to give effect to the action the Council including executing all documents and affixing the Corporate Seal. READ A FIRST AND SECOND TIME this 21st day of JULY, 1994. READ A THIRD TIME AND FINALLY PASSED this 21st day of JULY, 1994. d)7,,(„0 ilk REEVE CLERK CORPORATION OF THE TOWNSHIP OF BAYHAM BY-LAW NO. 94-42 BEING A BY-LAW TO AUTHORIZE THE REEVE AND CLERK TO ENTER INTO AN AGREEMENT WITH THE HER MAJESTY THE QUEEN IN RIGHT OF ONTARIO AS REPRESENTED BY THE MINISTRY OF THE MUNICIPAL AFFAIRS WITH RESPECT TO THE CANADA-ONTARIO INFRASTRUCTURE PROGRAM WHEREAS the Province of Ontario and Canada entered into the Canada-Ontario Infrastructure Program Agreement; AND WHEREAS the Township of Bayham has applied to the Canada-Ontario Infrastructure Program for funding to construct a watermain extension; AND WHEREAS it is deemed necessary to enter into an Agreement with the Ministry of Municipal Affairs so that the Ministry will provide funding to the Township of Bayham. THEREFORE THE COUNCIL OF THE CORPORATION OF THE TOWNSHIP OF BAYHAM ENACTS AS FOLLOWS. 1. THAT the Reeve and Clerk be and are hereby authorized to execute an Agreement with the Ministry of Municipal Affairs for the funding of a watermain extension. 2. THAT the said Agreement is attached hereto as Schedule 'A' and forms a part of this by-law. 3. THAT this by-law shall come into full force and effect upon final passing. READ A FIRST AND SECOND TIME this 4th day of AUGUST, 1994. READ A THIRD TIME AND FINALLY PASSED this 4th day of AUGUST, 1994. . / / - 0/ REEVE CLERK 13th f7 13e dcage . 777 Ba eel 777 rue Bcy Toronto, Onto Toronto, Ontario MSG 2E-S MSG 2E5 Canada / Ontario Infrastructure Works Telephone: 5854040 Telephone: 585-6010 Travaux d'infrastructure Canada / Ontario Facsimile: ��5 76�� r�l�:opitur: 585 %639 June 28 , 1994 Mr . D . Vane Chute Reeve Township of Bayham P . O . Box 160 Straffordville , Ontario NOJ 1Y0 Dear Reeve Chute : The Management Committee is pleased to inform you that the project ( s ) listed below have been approved under the Canada/Ontario Infrastructure Works Program . This approval is conditional , however , upon execution of a legal agreement that will be forwarded shortly . Copies of the payment claim form and 'information on tendering and signs will be sent at the same time . Our communications staff may have already contacted your municipality to get local input for the news release ( s ) . In accordance with the terms of the agreement, we ask that you not make any public announcement related to the project (s) . Our staff will contact you shortly to discuss how Canada , Ontario and your municipality will communicate the project ( s ) together . While we are happy to announce your project funding approval , you will still have to obtain any other required project -related approvals (planning , environmental , etc . ) Please indicate that this is an approved project (s ) under the Canada/Ontario Infrastructure Works Program when contacting Provincial Ministries and Federal Departments about your project ( s ) . Michael Mendelson W . W . Cram Co-Chair - Ontario Co-Chair - Canada Canada/Ontario Canada/Ontario Infrastructure Works Infrastructure Works Management Committee Management Committee cc : Donald W . MacLeod, Clerk Gar Knutson , MP , Elgin North Peter North , MPP , Elgin Approved Projects Highway #19 Water-main M4460201 .i/ • I�r2t4ifCrc el wood JobsOntario 1.1 boulotOntario Canada PROVINCIAL -MUNICIPAL INFRASTRUCTURE AGREEMENT THIS AGREEMENT made this 27th day of June , 1994 . BETWEEN : HER MAJESTY THE QUEEN, in right of the Province of Ontario as represented by the Minister of Municipal Affairs , referred to below as the " Province" , AND : THE CORPORATION OF THE TOWNSHIP OF BAYHAM referred to below as the "Municipality" , WHEREAS on January 24 , 1994 , the Province and Canada entered into the Canada-Ontario Infrastructure Program Agreement , which is appended to this Agreement as Schedule "A" ; AND WHEREAS Canada and the Province are committed to the renewal and enhancement of Canada ' s physical infrastructure ; AND WHEREAS it is agreed that* Canada and the Province should invest in the renewal and enhancement of infrastructure at the local community level ; _ 2 _ AND WHEREAS Canada and the Province agree that sound investments in infrastructure can promote a competitive and productive economy, generate valuable short and long- term employment and accelerate economic recovery; AND WHEREAS the Municipality is also committed to working toward this shared goal of investing to improve public infrastructure and the creation of employment ; AND WHEREAS the Municipality, by By- law dated , 1994 and appended hereto as Schedule "B" authorizes the Mayor , Reeve , Warden or Chair and the Clerk to enter into this Agreement on behalf of the Municipality ; THEREFORE the Province and the Municipality agree as follows : 1 . Definitions 1 . 1 In this Agreement : (a) "Canada " means Her Majesty the Queen in right of Canada ; (b) "eligible costs " means those costs defined in section 4 . 1 of this Agreement ; ( c ) "fiscal year" means the period commencing April 1 of any year and terminating on March 31 of the immediately following year ; (d) "Management Committee " means the Management Committee established pursuant to section 3 . 1 of Schedule "A" ; - 3 - (e ) "Minister" means Minister of Municipal Affairs ; ( f ) "Parties " means Canada and the Province ; and (g) "Project " means a project or projects approved by the Management Committee pursuant to section 3 . 5 of Schedule "A" and as further described in Schedule " C" of this Agreement . 2 . Implementation 2 . 1 The Municipality shall implement and complete actual construction of the Project described in Schedule " C" in accordance with the terms and conditions set out in Schedule " C" and in the body of this Agreement on or before March 31 , 1997 . 2 . 2 (a) If at any time after this Agreement is entered into , the Municipality becomes aware that it is or may be in default on either the commencement date or the completion date for the Project or the projected cash flows for the Project as set out in Schedule " C" , the Municipality shall give written notice immediately to the Province , by registered mail , of the actual or possible default . (b) The notice shall contain the following information : ( 1 ) detailed reasons and justification for the actual or possible default ; and ( 2 ) the revised Schedule " C" setting out the new commencement or completion dates , and projected cash flows . (c ) The notice , upon receipt by the Province , shall be deemed to be accepted unless the Province notifies the Municipality immediately that further Management Committee approval is required in order for the Project to continue as a Project under this Agreement . 2 . 3 The Municipality is solely and fully responsible for the implementation of the Project including but not limited to , the capital costs of the Project and the acquisition of all land and interests in lands that are required for the implementation of the Project . 2 . 4 The Municipality shall be responsible for obtaining all approvals , permits and licences required by all statutes , regulations and by- laws necessary for the implementation of the Project . - 4 - 2 . 5 The Municipality shall implement the Project in compliance with the laws of the Province of Ontario , including but not limited to , labour, environmental , human rights and occupational health and safety statutes and regulations . 2 . 6 Upon completion of the implementation of the Project the Municipality shall be responsible for all on-going costs associated with the operation , maintenance and repair of the Project . 3 . Tenders 3 . 1 The Municipality shall let all contracts relating to the implementation of the Project in accordance with purchasing policies of the Municipality or as otherwise approved by the Council of the Municipality . 3 . 2 To the extent permitted by law the Municipality shall ensure that when selecting a bid or proposal for work to be done in respect of the implementation of the Project that a bid or proposal price preference of up to 10 percent on the Canadian content (all values added in Canada) of the supplies , equipment and services will be applied when comparing bids and proposals of Fifteen Thousand ( $15 , 000 ) or more , with the exception of cement . 4 . Financial Provisions 4 . 1 For purposes of this Agreement , " eligible costs " means all direct costs properly and reasonably incurred and paid solely and specifically in relation to this Project and for greater certainty means : (a ) costs invoiced against a contract for goods and services necessary for the implementation of the Project ; (b) any other costs which are incurred and paid in the course of implementation of the Project that are recognized and determined as relevant by the Management Committee ; (c ) the salaries and wages of any employee of the Municipality and other employment benefits of any employee engaged solely and specifically for the purpose of implementing the Project which costs have been determined and approved by the Management Committee , including the salaries and other employment benefits of any municipal employee in proportion to the employee ' s time solely and specifically devoted to the Project ; - 5 - (d) costs related to Project signage ; (e ) contributions in kind which are recorded at the lesser of fair market value or cost ; and ( f) any other administrative costs not otherwise covered in (a) , (b) , (c) , (d) and (e) above , which have been determined and approved by the Management Committee ; but shall not include costs which are for : (g) services or works normally provided by the Municipality or an agency thereof ; and (h) the cost of any lands or any interest in land . 4 . 2 (a) The Province shall contribute an amount not exceeding one third ( 1/3 ) of the eligible costs of the Project , and on behalf of Canada , shall contribute an amount not exceeding a further one third ( 1/3 ) of the eligible costs of the Project , and the final one third ( 1/3 ) of the eligible costs of the Project shall be contributed by the Municipality . (b) If the Municipality receives grants or other funding from Canada in addition to the funding set out in this Agreement the Municipality may apply those other funds to the Project however the aggregate funding received from Canada from all sources shall not exceed one third ( 1/3 ) of the eligible costs of the Project . (c ) A Project is not eligible for funding under this Agreement if the Project receives funding from the Province under any provincial capital program . - 6 - 5 . Payment Provisions 5 . 1 The Municipality shall submit to the Province its claims for payment of the eligible costs of the Project which it has paid or which it has been billed for but has not paid . In all instances claims for payment shall be submitted on or before March 31 of the year following the fiscal year in which the cost was incurred, but no claim for payment shall be submitted after March 31 , 1998 . 5 . 2 Where the Municipality in accordance with section 5 . 1 submits a claim to the Province for payment of eligible costs for which it has been billed but has not paid , the Municipality agrees to supply the Province with proof of payment of that bill within 90 days of submitting the claim to the Province . 5 . 3 In the event that the Municipality does not file the proof of payment required by section 5 . 2 , the Province may withhold or reduce future payments to the Municipality; 5 . 4 The Province shall not be responsible for the payment of any costs incurred before January 24 , 1994 in relation to the implementation of the Project regardless of when such costs are billed to the Municipality . 5 . 5 The Municipality shall submit its claims for payment of eligible costs to the Province on claim forms which will be provided by the Province . 5 . 6 Subject to satisfactory review and approval of the claim by the Province , the Province shall pay to the Municipality the Parties ' share of the eligible costs . 5 . 7 The Municipality shall submit with its final claim for payment of eligible costs a Project Completion Report for the Project and the said Report shall be submitted on forms which will be provided by the Province . 5 . 8 In the event that the Municipality does not submit a Project Completion Report as required by section 5 . 7 , the Province shall withhold payment of the final claim . - 7 - 6 . Financial Records 6 . 1 The Municipality shall keep separate financial records for all amounts incurred, claimed, paid and received with respect to the implementation of the Project . 6 . 2 The Municipality shall retain and preserve all documents , contracts , records , claims and accounts that relate to the implementation of the Project until March 31 , 1999 . 7 . Public Information 7 . 1 The Municipality shall not make any public announcements with respect to the approved Project without the prior written consent of the Management Committee ; 7 . 2 The public information described in section 10 of Schedule "A" , public announcements and official ceremonies concerning the Project shall be developed and organized by a joint federal -provincial communications committee in consultation with the Municipality . Costs associated with the public information, public announcement or official ceremony shall be shared equally by Canada and the Province . 7 . 3 (a) At the request of Management Committee the Municipality shall install at the appropriate location, and maintain throughout the duration of the Project , one or more signs indicating that the Project is an Infrastructure Project undertaken under the auspices of the Canada-Ontario Infrastructure Program Agreement or bearing any other such message approved by the Management Committee . (b) The cost of the signage referred to in paragraph (a) is considered an eligible cost for the purposes of section 4 . 1 (d) of this Agreement . 7 . 4 (a) At the request of Management Committee the Municipality shall install , upon completion of the Project , where feasible , a plaque or permanent sign bearing an inscription approved by the Management Committee . (b) The cost of the plaque or permanent sign referred to in paragraph (a) shall be shared equally by Canada and the Province . - 8 - 7 . 5 All public information material related to calls and tenders for the Project , including Project signage , shall clearly and prominently indicate that funding was provided under the terms of Schedule "A" , and non-compliance by the Municipality may result in the termination of such funding . 7 . 6 (a) All public information material approved by the Management Committee in relation to this Project shall be in both English and French . (b) Paragraph (a ) does not apply to public information material related to calls and tenders for the Project unless the Municipality has passed a by- law pursuant to section 14 of the French Language Services Act R . S . O . 1990 , c . F . 32 , as amended or re -enacted from time to time . 8 . Audit and Inspection 8 . 1 Upon reasonable notice from either or both Parties the Municipality shall make available to either or both Parties , and their respective auditors , all documents , contracts , records , claims and accounts associated with the implementation of this Project , for inspection . 8 . 2 Each of the Parties may inspect the amounts of all claims in respect of the implementation of the Project , and all documents , contracts , records and accounts , related to the claims . 8 . 3 After completion of the implementation of the Project , the Province may undertake a final accounting and audit of the actual costs and may make appropriate adjustments in accordance with the permitted eligible costs . The Municipality shall immediately refund any overpayment upon the Province ' s written request regardless of when the overpayment is discovered . 8 . 4 If the Province , during its inspection of any of the documents , contracts , records , claims and accounts determines that any payment made by the Province has been used by the Municipality for any purpose other than implementation of the Project the Municipality shall , immediately upon written request from the Province , remit the amounts requested to the Province . 8 . 5 Upon written request from the Management Committee , the Municipality shall provide the Committee with any information which is available to the Municipality with respect to the Project and which the Committee requires for any purpose . - 9 - 9 . Indemnification 9 . 1 The Municipality shall indemnify and save harmless the Parties , their Ministers , officers , employees and agents from and against all claims , demands , losses , costs , damages , actions , suits or other proceedings by whomsoever made , sustained , brought or prosecuted, in any manner arising from any wilful or negligent act , or attributable to anything done or omitted to be done in the implementation , operation , maintenance and repair of the Project . 9 . 2 If the Municipality enters into an agreement with a Third Party for the purpose of implementing the Project , the ' Municipality shall ensure that it is a term of that agreement that the Third Party shall indemnify and save harmless the Parties , their Ministers , officers , employees and agents from and against all claims , demands , losses , damages and costs of any kind based upon any injury or loss of property arising from any wilful or negligent act , omission or delay on the part of the Third Party, its directors , officers , employees or agents in carrying out the contract . 10 . Insurance 10 . 1 The Municipality shall maintain comprehensive policies of public liability and property damage insurance , insuring the Municipality for all sums which the Municipality may become obliged to pay as damages by reason of injury to persons ( including death) or damage to or destruction of property in the course of any activity carried out under this Agreement . 11 . Time is of the Essence 11 . 1 Time is of the essence in this Agreement and any dates or deadlines are to be strictly adhered to . 12 . Priority 12 . 1 In the event of conflict between the body of this Agreement and Schedule "A" , Schedule "A" shall prevail . In the event of a conflict between the body of this agreement and Schedule " C" this Agreement shall prevail . - 10 - 13 . Notice 13 . 1 Any notices , invoices , reports or communications under this Agreement shall be given by personal delivery or by regular mail , posted in Canada , delivered or addressed as follows : to the Ministry : MINISTRY OF MUNICIPAL AFFAIRS CANADA ONTARIO INFRASTRUCTURE WORKS PROGRAM OFFICE (COIW) 13TH FLOOR 777 BAY STREET TORONTO, ONTARIO M5G 2E5 to the Municipality : The Corporation of the Attn : - 11 - 14 . Schedules 14 . 1 Schedules "A" , "B " and "C" of this Agreement and the provisions contained in those Schedules form part of this Agreement . 15 . Alteration or Addition 15 . 1 No change or modification to this Agreement and Schedules hereto shall be valid unless authorized in writing by both the Municipality and the Province . 16 . Binding 16 . 1 This Agreement binds the Province and the Municipality to it and their respective successors and permitted assigns . 17 . Financial Administration Act 17 . 1 Notwithstanding any other provision in this Agreement all obligations on the part of the Province and the Municipality are subject to the Financial Administration Act R . S . O . 1990 , c . F . 12 , as amended or re-enacted from time to time . 18 . Failure to Comply 18 . 1 Where , in the opinion of the Province , the Municipality has failed to comply with any of the terms of this Agreement , the Province shall give the Municipality written notice , by registered mail , of the Municipality' s failure to comply . 18 . 2 If the Municipality upon receipt of the notice referred to in section 18 . 1 fails to comply with the terms of this Agreement within fourteen ( 14 ) days of receiving the notice , the Province may recommend to the Management Committee that it revoke the Project and where the approval is revoked, the Province may recover any and all funds paid to the Municipality under this Agreement . 19 . Dispute Resolution 19 . 1 Any dispute arising out of the Agreement shall be submitted to and determined by a court having jurisdiction in the Province to hear and determine such dispute . - 12 - IN WITNESS WHEREOF this Agreement has been executed on behalf of the Province by the Minister of Municipal Affairs , and on behalf of the Municipality by the Mayor, Reeve , Warden or Chair and the Clerk . GOVERNMENT OF THE PROVINCE OF ONTARIO Witness Minister of Municipal Affairs Date THE CORPORATION OF THE Witness Mayor/Reeve/Warden/Chair Date Witness Clerk Date .r\\* O.C.IDecret 103/94 t=111e=w SCHEDULE A Executive Council Conseil des ministres 1 hereby certify that the attached is a true copy of an Order made on January 19th, 1994, by His Honour the Honourable Henry Newton Rowell Jackman, S.A., LLB, Lieutenant Governor of the Province of Ontario in Council. Deputy Clerk, Executive Council of Ontario Dated at Toronto, • January 20, 1994. • 711 Order in Council Decret 21. I kiS I 11 mil Ontario Executive Council Conseil ces mmistres On the recommendation of the undersigned, the Sur la recommandation du soussigne, le Lieutenant Governor, by and with the advice and lieutenant-gouverneur, sur I'avis et avec le con- concurrence of the Executive Council, orders that: sentement du Conseil des mtnistres, decrete ce qui suit : WHEREAS the Government of Canada ("Canada") and the Government of the Province of Ontario ("Ontario") agree that there is a need to renew and enhance Canada's and Ontario's physical infrastructure, notably in local communities; AND WHEREAS Canada and Ontario agree that sound investments in infrastructure can promote a competitive and productive economy, generate valuable short and long- term employment and accelerate economic recovery; AND WHEREAS Canada and Ontario agree that it is opportune to invest in needed infrastructure in periods of high national or regional unemployment; AND WHEREAS Canada and Ontario are committed to environmental sustainability and recognize that infrastructure investments can enhance the quality of the environment; THEREFORE the Minister of Economic Development and Trade and the Minister of Municipal Affairs arc authorized on behalf of Ontario to enter into an agreement with the Government of Canada in English and in French in substantially the form of the agreement attached hereto. Recommended Concurred Premier and President Chair of binet of the Council Approved JAN 1 9 1994 and Ordered / f�y Date 1• � • .'tet Governor r' O.C./Decret 105/94 + C. P . 1993 -7/2132 22 decembre 1993 CANADA PRIVY COUNCIL • CONSEIL PRIVE (Rec . du C . T . 820960 ) Sur recommandation du ministre de l ' Industrie , des Sciences et de la Technologie et du Conseil du Tresor, it plait a Son Excellence le Gouverneur general en ccnseil d ' approuver cue le ministre de 1 ' Industrie , des Sciences et de la Technologie et Ie Président du Conseil du Tresor et ministre responsable de 1 ' Infrastructure concluant, au nom du gouvernement du Canada , une entente de contribution sur 1 ' infrastructure avec le gouvernement de la province de l 'ontario , laquelle entente est confarme en substance au projet d' entente ci-joint. • C77.:TIr1CD TO ec ♦ TRUC COPY - COPE CEPTsriEE CONr:'CRM ° 3 ‘11/11 �• I s • CANADA-ONTARIO INFRASTRUCTURE PROGRAM AGREEMENT This Agreement made this day of January 1994 . BETWEEN THE GOVERNMENT OF CANADA (herein referred to as "Canada" ) represented by the Minister responsible for Infrastructure and the Minister of Industry , Science and Technology AND THE GOVERNMENT OF THE PROVINCE OF ONTARIO (herein referred to as "the Province" ) represented by the Minister of Economic Development and Trade and the Minister of Municipal Affairs . WHEREAS Canada and the Province agree that there is a need to renew and enhance Canada ' s and Ontario ' s physical infrastructure, notably in local communities ; AND WHEREAS Canada and Ontario agree that sound investments in infrastructure can promote a competitive and productive economy , generate valuable short and long-term employment and accelerate economic recovery ; AND WHEREAS Canada and Ontario agree that it is opportune to invest in needed Infrastructure in periods of high national or regional unemployment ; AND WHEREAS Canada and Ontario agree that such investments need to be undertaken in an efficient and timely manner ; AND WHEREAS Canada and Ontario are committed to environmental sustainability and recognize that infrastructure investments can enhance the quality of the environment; AND WHEREAS the Governor in Council by Order in Council P . C . 1993-7 /2182 dated , December 22 , 1993 has authorized the Minister of Infrastructure together with the Minister of Industry , Science and Technology to execute this Agreement on behalf of Canada ; AND WHEREAS the Lieutenant Governor in Council , by Order in Council of the day of 199 , has authorized the Minister of Economic Development and Trade and the Minister of Municipal Affairs to enter into this Agreement on behalf of the Province of Ontario ; NOW THEREFORE THIS AGREEMENT WITNESSETH that in consideration of the premises , covenants and agreements herein contained , the parties hereto covenant and agree as follows : - 3 - ( n ) "Provincial Implementing Minister" means the Minister of Economic Development and Trade and includes anyone authorized to act on the Minister ' s behalf ; ( o) "Provincial Minister" means the Minister of Municipal Affairs and includes anyone authorized to act on the Minister ' s behalf ; (p) "Provincial Minister ( s ) " means the Provincial Minister and the Provincial Implementing Minister; and (q) "Third Party" means any person , other than a Party to this Agreement or a Conributor , with whom an agreement is signed for the completion of a project . 1 . 2 words in the singular include the plural , and words in the plural include the singular . 2 . 0 PURPOSE 2 . 1 The purpose of this Agreement is to enable CANADA and the Province of ONTARIO, in co-operation , where and as appropriate , with Contributors to undertake a program of investment in order to : renew and enhance the quality of Canada ' s and Ontario ' s infrastructure which is instrumental in the provision of public services , notably in local communities ; and , • provide for timely and effective employment creation . 3 . 0 MANAGEMENT AND COORDINATION . stab1ishment an Internal rules 3 . 1 A Management Committee shall be established to administer and manage this Agreement . It shall consist of four members , two to be jointly appointed by the Federal Ministers and two to be appointed by the Provincial Minister ( s ) . In addition , the Federal Minister and the Provincial Minister may each appoint one representative as an ex-officio member of the Management Committee . The Management Committee shall continue to exist and operate for as long as necessary to meet the requirements of the Agreement . 3 . 2 The Management Committee shall be headed by two Co-chairs , one from the two federal members , to be known as the federal Co-chair , and one from the two provincial members, to be known as the provincial Co-chair. The federal and provincial members not appointed as Co-Chairs shall act , in absence of their Co-Chair, as the substitute. 3 . 3 The Management Committee shall meet on a timely basis at such places and on such dates as may be agreed by the Co-chairs . A quorum for all meetings of the Management Committee shall be made of the Canada Co-chair or substitute member and the Provincial Co-chair or substitute member ; 3 . 4 Decisions of the Management Committee can only be Aemeememmimmmommimmisimsi - 5 - Administration 3 . 7 The Management Committee shall be responsible for the administration and management of this Agreement , and without limiting the generality of the foregoing , shall : ( a) ensure that the expected completion date of a project shall not be later than March 31 , 1997 ; ( b) ensure the implementation of the management information and evaluation provisions of this Agreement and ensure a free flow of information between the Parties ; . ( c) adopt such standards , procedures , forms ( eg . Project Authorization form) , reports and guidelines consistent with this Agreement as it deems expedient and appropriate to achieve its purpose ; (d) establish Sub-Committees as may be required from time to time to assist in the management of this Agreement , delegate to them all necessary authority to carry out their mandate and establish all procedures with respect to its own meetings and those of the Sub-Committees , including rules for the conduct of meetings and the making of decisions where the members are not physically present ; and ( e) carry out any other duties , powers and functions specified elsewhere in this Agreement or as may be assigned to the Management Committee by the Ministers to accomplish the Purpose of the Agreement . 4 . 0 IMPLEMENTATION 4 . 1 Subject to the terms of this Agreement , the Province shall undertake or shall cause to be undertaken the implementation of all projects . 4 . 2 The review, approval and implementation of any projects shall be undertaken in mutual respect of applicable federal and provincial environmental legislation . 5 . 0 CONTRACT PROCEDURES 5 . 1 All contracts to be entered into by the Province or by any Contributor with a Third party for the due implementation of a project shall be awarded and administered in accordance with the administrative , management and contract procedures within the Province. 5 . 2 All contracts entered into pursuant to Section 5 . 1 shall incorporate the relevant provisions of this Agreement and in particular , that • any of the members of the Management Committee shall be permitted , at all - 7 ( b) Except with the written agreement of the Federal Minister, ( i ) should the federal share of direct costs referred to in Subsections 7 . 1 ( a) , (b) , (c) and (d) that are incurred but not necessarily paid for projects approved account for less than $252 . 829 million by March 31 , 1995 , the maximum total contribution by Canada under this Agreement shall be reduced by the amount corresponding to the shortfall ; and ( ii ) no more than $108 . 356 million of the federal share of direct costs referred to in Subsections 7 . 1 ( a ) , ( b) , ( c) and (d ) may be incurred after "March 31 , 1996 which, in any case , shall be incurred on or before March 31 , 1997 . 6 . 2 ( a ) The contribution- by Canada from all sources , including this Agreement , with respect to any one Project shall not exceed one-third ( 1/ 3 ) of the total Eligible Costs approved for that project , except as otherwise provided in subsection 6 . 2 (b) of this Agreement . (b) Canada may , at the request of the Province but subject to the agreement of the federal Co-chair , fund more than one third ( 1 / 3 ) of the Eligible costs of a specific Project provided that Canada ' s share of Eligible costs for all projects approved under this Agreement , at any given time , by the Management Committee does not exceed one third ( 1 /3 ) . ( c) Eligible Costs referred to in Subsection 7 . 1 ( d) shall be shared equally by the Parties . 7 . 0 PAYMENT PROCEDURES 7 . 1 For the purposes of this Agreement , "Eligible Costs" include all direct costs properly and reasonably incurred and paid solely and specifically in relation to this Agreement that are : ( a) invoiced against a contract for goods and services necessary for the implementation of a Project ; (b) any other costs which are incurred and paid in the course of implementation of the Project that are recognized and determined as relevant by the Management Committee ; and (c) the salaries and other employment benefits of any employee of Canada , the Province or the Contributor engaged solely and specifically for the purpose of implementing a Project under this Agreement which costs have been determined and approved by the Management Committee ; - 9 - (b) the Management Committee approved , as being justified , the inclusion of the cost overruns ; and (c) funds are available to cover said costs overruns . 8 . 0 AUDIT AND INSPECTION 8 . 1 Canada and the Province shall ensure that proper and accurate accounts and records are maintained with respect to each Project undertaken pursuant to this Agreement and shall , upon reasonable notice , make such accounts and records available for inspection . 8 . 2 Accounts shall be maintained for a period of three years beyond March 31 , 1996 . 8 . 3 Each of the Parties may inspect the amounts of all claims in respect of any project implemented under this Agreement and the accounts and records related thereto . Any discrepancy between the amounts paid by any of the Parties and the amount payable under this Agreement shall be promptly adjusted between the Parties . 8 . 4 Each of the Parties hereto will provide to any member of the Management Committee on request all information that would indicate that a Project hereunder has been undertaken or completed and the costs incurred with respect thereto . 9 . 0 PROGRAM EVALUATION 9 . 1 The Management Committee shall approve a plan and budget for the evaluation of the Program of Infrastructure within six months of the signing of the Agreement . Costs associated with th, evaluation shall be shared equally by the Parties . 9 . 2 The evaluation plan shall identify : responsibilities for evaluation activity and data collection ; evaluation issues ; and , the character and timing of data collection. 9 . 3 The Management Committee shall approve the terms of reference for the evaluation before it is undertaken. 9 . 4 The Management Committee shall submit to the Ministers an evaluation report no later than twelve months after March 31 , 1996 . 9 . 5 Each Party will provide the other with all relevant information as may reasonably be required for such evaluation . - 11 - 11 . 0 GENERAL 11 . 1 This Agreement may be amended from time to time on written agreement of the Federal Ministers and Provincial Ministers. It is expressly agreed and, understood , however , that any amendment to Section 2 . 0 dealing with PURPOSE , to the part of Subsection 3 . 5 ( a ) dealing with the last approval date, to Subsections 6 . 1 ( a ) and 6 . 2 ( a) dealing with the financial participation of Canada must be approved by the Governor in Council or must obtain any other approval that may be otherwise statutorily required. 11 . 2 No member of the House of Commons of Canada or of the Senate of Canada or of the Legislative Assembly of Ontario shall be admitted ,to any share or part of any contract , agreement or commission made pursuant to this Agreement or to any benefit arising therefrom. 11 . 3 Nothing in this Agreement is to be construed as authorizing one Party or , at the demand of the Province , any Contributor to contract for or to incur any obligation on behalf of the other or to act as agent for the other . 11 . 4 All property including patents , copyrights and other intellectual property and any revenue acquired as a result of the work performed under any approved projects shall be disposed of , licensed or otherwise dealt with as the Management Committee may from time to time determine . 11 . 5 Notwithstanding any other provision of this Agreement , all obligations of Canada incurred by virtue of this Agreement shall be subject to the Financial Administration Act . • 11 . 6 ( a) Any dispute between Canada and Ontario hereto or any question of law or fact arising out of this Agreement shall be submitted to and determined by the Federal Court of Canada pursuant to the Federal Court Act of Canada . ( b) Any dispute arising from contracts entered into pursuant to Section 5 . 1 of this Agreement shall be submitted to and determined by the court having jurisdiction and governing said contracts . - 13 - PLEASE ATTACH SCHEDULE •B• HERE (MUNICIPAL BY-LAW) SCHEDULE " C " 1 . MUNICIPALITY : TOWNSHIP OF BAYHAM 2 . PROJECT NAME : EXTENSION OF WATERMAIN ON HIGH WAY 19 3 . PROJECT NUMBER: M4450201 4 . LOCATION OF PROJECT : LOT 12 , CONCESSION 3 , PLAN 22 5 . ELIGIBLE PROJECT COSTS : $ 139 , 200 . 00 As approved and set out in the attached Project Expenditure Schedule . 6 . PROJECT START DATE : 1994/08/01 7 . PROJECT COMPLETION DATE : 1994/10/30 s i SCHEDULE 2/A NEXE.2 PROJECT EXPENDITURE FORECAST1D PENSES •PREVUES DU PROJET (Section. 2.1 through 2.11 Guide to the Application Forrn)/(Article 2.1 a 2.11 - Guide pour recnpiir le formulaire de demande) Local tutaa/?*r n.Jta bol tr!'ct Kaas/KQm a't Pr'* 1994/95 1995/96 1996/97 Apr-Jun/ July-Sept/ Oct-Dec/ Jan-Mar/ Apr-Jun/ July-Sept/ Oct-Dec/ Jan-Mar/ Apr-Jun/ Juiy-Sept/ Oct-Dec/ Jan-Mar/ Ayr-Juin JulLSept Oct-Dec Jan-Mars Ayr-Juin Jul-Sept Oct-Dec Jan-Mars Ayr-Juin JullSept Oct-Dec Jan-Mars . 2.1 Invoiced Costs - Major Contract/ Coats factures Contrat important 20 ,000 125 ,000 � r 2.2 Other relevant contract costs/ Autres coats pertinents du contrat • 2.3 Salaries & Employee Benefits/ Salaires et avantages soctaux des employes 2.4 Equipment/Materiel 2.5 Other Costs (specify)/Autres coats (preciser) 2.6 Total Estimated Project Gross Cost/Coat brut total estlrnatif du projet 20 ,000 125 ,UOCI 2.7 Less GST Rebates/Moms remboursements de la TPS 800 5 ,00C! 2.8 Total Estimated Project Net Cost/Coat net total estimatif du projet 19 200 120 000 Proposed Method'>of Financing/Method. de financement proposes .: , Total Funding $/FInanc.mont total $ 2.9 Canada Ontario infrastructure Works Capital (Federal and Provincial Shares)/ Recettes en capital - Programme sur les travaux d'mfrastnlcture Canada-Ontario (Parts federal° et provmclale) 96 ,666 2- . 2.10 Local Partner's Own Resources/Fonds propres du partenaire local 4 CO 2.11 Private Sector Contributions (Attach Business Case)/Contributions du secteur prive (Prier° de Jolndre un rapport d'affaires) - - • TOTAL/TOTAL 3 ' 13612 SCHEDULE "B" CORPORATION OF THE TOWNSHIP OF BAYHAM BY-LAW NO. 94-42 BEING A BY-LAW TO AUTHORIZE THE REEVE AND CLERK TO ENTER INTO AN AGREEMENT WITH THE HER MAJESTY THE QUEEN IN RIGHT OF ONTARIO AS REPRESENTED BY THE MINISTRY OF THE MUNICIPAL AFFAIRS WITH RESPECT TO THE CANADA-ONTARIO INFRASTRUCTURE PROGRAM WHEREAS the Province of Ontario and Canada entered into the Canada-Ontario Infrastructure Program Agreement; AND WHEREAS the Township of Bayham has applied to the Canada-Ontario Infrastructure Program for funding to construct a watermain extension; AND WHEREAS it is deemed necessary to enter into an Agreement with the Ministry of Municipal Affairs so that the Ministry will provide funding to the Township of Bayham. THEREFORE THE COUNCIL OF THE CORPORATION OF THE TOWNSHIP OF BAYHAM ENACTS AS FOLLOWS. 1. THAT the Reeve and Clerk be and are hereby authorized to execute an Agreement with the Ministry of Municipal Affairs for the funding of a watermain extension. 2. THAT the said Agreement is attached hereto as Schedule 'A' and forms a part of this by-law. 3. THAT this by-law shall come into full force and effect upon final passing. READ A FIRST AND SECOND TIME this 4th day of AUGUST, 1994. READ A THIRD TIME AND FINALLY PASSED this 4th day of AUGUST, 1994. REEVE CLERK i I %♦ SCHEDULE " C " i . MUNICIPALITY : TOWNSHIP OF BAYHAM 2 . PROJECT NAME : EXTENSION OF WATERMAIN ON HIGH WAY 19 3 . PROJECT NUMBER : M4460201 4 . LOCATION OF PROJECT : LOT 12 , CONCESSION 3 , PLAN 22 5 . ELIGIBLE PROJECT COSTS : $ 139 , 200 . 00 As approved and set out in the attached Project Expenditure Schedule . 6 . PROJECT START DATE : 1994/08/01 7 . PROJECT COMPLETION DATE : 1994/10/30 SCHEDULE 2/A NEXE: 2 PROJECT EXPENDITURE FORECASTfDEPENSES PREVUES DU PROJET : r (Section 2.1 through 2.11 Guide to the Application Form)/(Article 2.1 a 2.11 - Guide pour remplir 1e for claire Fda demande) Lot.,Partner/Pan.naut,oat Protect Naas/Non do raja 1994/95 1995/96 1996/97 Apr-Jun/ July-Sept/ Oct-Dec/ Jan-Mar/ Apr Jun/ July-Sept/ Oct-Dec/ Jan-Mar/ Apr-Jun/ July-Sept/ Oct-Dec/ Jan-Mar/ Avr-Juin Jun-Sept Oct-Dec Jan-Mars Avr Juin Jul-Sept Oct-Dec Jan-Mars Avr-Juin Jul-Sept Oct-Dec Jan-Mars 2.1 Invoiced Costs - Major Contract/ Coats factures - Contrat important 20 ,000 125,000. 2.2 Other relevant contract costs/ Autres coats pertlnents du contrat 2.3 Salaries & Employee Benefits/ Salaires et avantages soclaux des employes 2.4 Equipment/Matorlel 2.5 Other Costs (specify)/Autres coats (preciser) I 2.6 Total Estimated Project Gross Cost/Coat brut total estimatlf du projet 20 ,000 A, 125 ,000, 2.7 Less GST Rebates/Moans remboursements de la TPS 800 5 ,000 2.8 Total Estimated Project Net Cost/Coat net total estimatif du projet 19 , 200 _ 120 ,00C1 Proposed Method of Financing/Methods de financement propose° Total Funding $/Financernent total $ 1 12.9 Canada Ontario Infrastructure Works Capital (Federal and Provincial Shares)/ Recettes en capital - Programme sur les travaux d'Infrastructure Canada-Ontario (Parts federate et provinctale) 96 ,666 9 2),9c 2.10 Local Partner's Own Resources/Fonds propres du partenaire local ,48 ,3 34. H ,co 2.11 Private Sector Contributions (Attach Business Case)/Contributions du secteur prive (Priers de joindre un rapport d'affaires) - - TOTAL/TOTAL. .... 131 2w s PROVINCIAL MUNICIPAL INFRASTRUCTURE AGREEMENT THIS AGREEMENT made this 27th day of June , 1994 . BETWEEN : HER MAJESTY THE QUEEN, in right of the Province of Ontario as represented by the Minister of Municipal Affairs , referred to below as the " Province" , AND : THE CORPORATION OF THE TOWNSHIP OF BAYHAM referred to below as the "Municipality" , WHEREAS on January 24 , 1994 , the Province and Canada entered into the Canada-Ontario Infrastructure Program Agreement , which is appended to this Agreement as Schedule "A" ; AND WHEREAS Canada and the Province are committed to the renewal and enhancement of Canada ' s physical infrastructure ; AND WHEREAS it is agreed that Canada and the Province should invest in the renewal and enhancement of infrastructure at the local community level ; - 2 - AND WHEREAS Canada and the Province agree that sound investments in infrastructure can promote a competitive and productive economy, generate valuable short and long-term employment and accelerate economic recovery; AND WHEREAS the Municipality is also committed to working toward this shared goal of investing to improve public infrastructure and the creation of employment ; AND WHEREAS the Municipality, by By-law 94-42 , dated August 4 , 1994 and appended hereto as Schedule "B " authorizes the Mayor, Reeve , Warden or Chair and the Clerk to enter into this Agreement on behalf of the Municipality; THEREFORE the Province and the Municipality agree as follows : 1 . Definitions 1 . 1 In this Agreement : (a) "Canada " means Her Majesty the Queen in right of Canada ; (b) "eligible costs " means those costs defined in section 4 . 1 of this Agreement ; (c ) " fiscal year" means the period commencing April 1 of any year and terminating on March 31 of the immediately following year; (d) "Management Committee " means the Management Committee established pursuant to section 3 . 1 of Schedule "A" ; - 3 - (e) "Minister" means Minister of Municipal Affairs ; ( f ) "Parties " means Canada and the Province ; and (g) "Project " means a project or projects approved by the Management Committee pursuant to section 3 . 5 of Schedule "A" and as further described in Schedule "C" of this Agreement . 2 . Implementation 2 . 1 The Municipality shall implement and complete actual construction of the Project described in Schedule " C" in accordance with the terms and conditions set out in Schedule " C" and in the body of this Agreement on or before March 31 , 1997 . 2 . 2 (a) If at any time after this Agreement is entered into , the Municipality becomes aware that it is or may be in default on either the commencement date or the completion date for the Project or the projected cash flows for the Project as set out in Schedule "C" , the Municipality shall give written notice immediately to the Province , by registered mail , of the actual or possible default . (b) The notice shall contain the following information : ( 1 ) detailed reasons and justification for the actual or possible default ; and ( 2 ) the revised Schedule " C" setting out the new commencement or completion dates , and projected cash flows . (c) The notice , upon receipt by the Province , shall be deemed to be accepted unless the Province notifies the Municipality immediately that further Management Committee approval is required in order for the Project to continue as a Project under this Agreement . 2 . 3 The Municipality is solely and fully responsible for the implementation of the Project including but not limited to , the capital costs of the Project and the acquisition of all land and interests in lands that are required for the implementation of the Project . 2 . 4 The Municipality shall be responsible for obtaining all approvals , permits and licences required by all statutes , regulations and by- laws necessary for the implementation of the Project . - 4 - 2 . 5 The Municipality shall implement the Project in compliance with the laws of the Province of Ontario , including but not limited to , labour, environmental , human rights and occupational health and safety statutes and regulations . 2 . 6 Upon completion of the implementation of the Project the Municipality shall be responsible for all on-going costs associated with the operation , maintenance and repair of the Project . 3 . Tenders 3 . 1 The Municipality shall let all contracts relating to the implementation of the Project in accordance with purchasing policies of the Municipality or as otherwise approved by the Council of the Municipality . 3 . 2 To the extent permitted by law the Municipality shall ensure that when selecting a bid or proposal for work to be done in respect of the implementation of the Project that a bid or proposal price preference of up to 10 percent on the Canadian content (all values added in Canada) of the supplies , equipment and services will be applied when comparing bids and proposals of Fifteen Thousand ( $15 , 000 ) or more , with the exception of cement . 4 . Financial Provisions 4 . 1 For purposes of this Agreement , "eligible costs " means all direct costs properly and reasonably incurred and paid solely and specifically in relation to this Project and for greater certainty means : (a ) costs invoiced against a contract for goods and services necessary for the implementation of the Project ; (b) any other costs which are incurred and paid in the course of implementation of the Project that are recognized and determined as relevant by the Management Committee ; (c) the salaries and wages of any employee of the Municipality and other employment benefits of any employee engaged solely and specifically for the purpose of implementing the Project which costs have been determined and approved by the Management Committee , including the salaries and other employment benefits of any municipal employee in proportion to the employee ' s time solely and specifically devoted to the Project ; - 5 - (d) costs related to Project signage ; (e ) contributions in kind which are recorded at the lesser of fair market value or cost ; and ( f ) any other administrative costs not otherwise covered in (a) , (b) , (c ) , (d) and (e) above , which have been determined and approved by the Management Committee ; but shall not include costs which are for : (g) services or works normally provided by the Municipality or an agency thereof ; and (h) the cost of any lands or any interest in land . 4 . 2 (a) The Province shall contribute an amount not exceeding one third ( 1/3 ) of the eligible costs of the Project , and on behalf of Canada , shall contribute an amount not exceeding a further one third ( 1/3 ) of the eligible costs of the Project , and the final one third ( 1/3 ) of the eligible costs of the Project shall be contributed by the Municipality . (b) If the Municipality receives grants or other funding from Canada in addition to the funding set out in this Agreement the Municipality may apply those other funds to the Project however the aggregate funding received from Canada from all sources shall not exceed one third ( 1/3 ) of the eligible costs of the Project . (c) A Project is not eligible for funding under this Agreement if the Project receives funding from the Province under any provincial capital program . ti - 6 - 5 . Payment Provisions 5 . 1 The Municipality shall submit to the Province its claims for payment of the eligible costs of the Project which it has paid or which it has been billed for but has not paid . In all instances claims for payment shall be submitted on or before March 31 of the year following the fiscal year in which the cost was incurred, but no claim for payment shall be submitted after March 31 , 1998 . 5 . 2 Where the Municipality in accordance with section 5 . 1 submits a claim to the Province for payment of eligible costs for which it has been billed but has not paid, the Municipality agrees to supply the Province with proof of payment of that bill within 90 days of submitting the claim to the Province . 5 . 3 In the event that the Municipality does not file the proof of payment required by section 5 . 2 , the Province may withhold or reduce future payments to the Municipality; 5 . 4 The Province shall not be responsible for the payment of any costs incurred before January 24 , 1994 in relation to the implementation of the Project regardless of when such costs are billed to the Municipality . 5 . 5 The Municipality shall submit its claims for payment of eligible costs to the Province on claim forms which will be provided by the Province . 5 . 6 Subject to satisfactory review and approval of the claim by the Province , the Province shall pay to the Municipality the Parties ' share of the eligible costs . 5 . 7 The Municipality shall submit with its final claim for payment of eligible costs a Project Completion Report for the Project and the said Report shall be submitted on forms which will be provided by the Province . 5 . 8 In the event that the Municipality does not submit a Project Completion Report as required by section 5 . 7 , the Province shall withhold payment of the final claim . - 7 - 6 . Financial Records 6 . 1 The Municipality shall keep separate financial records for all amounts incurred , claimed, paid and received with respect to the implementation of the Project . 6 . 2 The Municipality shall retain and preserve all documents , contracts , records , claims and accounts that relate to the implementation of the Project until March 31 , 1999 . 7 . Public Information 7 . 1 The Municipality shall not make any public announcements with respect to the approved Project without the prior written consent of the Management Committee ; 7 . 2 The public information described in section 10 of Schedule "A" , public announcements and official ceremonies concerning the Project shall be developed and organized by a joint federal -provincial communications committee in consultation with the Municipality . Costs associated with the public information , public announcement or official ceremony shall be shared equally by Canada and the Province . 7 . 3 (a) At the request of Management Committee the Municipality shall install at the appropriate location, and maintain throughout the duration of the Project , one or more signs indicating that the Project is an Infrastructure Project undertaken under the auspices of the Canada-Ontario Infrastructure Program Agreement or bearing any other such message approved by the Management Committee . (b) The cost of the signage referred to in paragraph (a) is considered an eligible cost for the purposes of section 4 . 1 (d) of this Agreement . 7 . 4 (a) At the request of Management Committee the Municipality shall install , upon completion of the Project , where feasible , a plaque or permanent sign bearing an inscription approved by the Management Committee . (b) The cost of the plaque or permanent sign referred to in paragraph (a) shall be shared equally by Canada and the Province . - 8 - 7 . 5 All public information material related to calls and tenders for the Project , including Project signage , shall clearly and prominently indicate that funding was provided under the terms of Schedule "A" , and non-compliance by the Municipality may result in the termination of such funding . 7 . 6 (a) All public information material approved by the Management Committee in relation to this Project shall be in both English and French . (b) Paragraph (a) does not apply to public information material related to calls and tenders for the Project unless the Municipality has passed a by-law pursuant to section 14 of the French Language Services Act R . S . O . 1990 , c . F . 32 , as amended or re-enacted from time to time . 8 . Audit and Inspection 8 . 1 Upon reasonable notice from either or both Parties the Municipality shall make available to either or both Parties , and their respective auditors , all documents , contracts , records , claims and accounts associated with the implementation of this Project , for inspection . 8 . 2 Each of the Parties may inspect the amounts of all claims in respect of the implementation of the Project , and all documents , contracts , records and accounts , related to the claims . 8 . 3 After completion of the implementation of the Project , the Province may undertake a final accounting and audit of the actual costs and may make appropriate adjustments in accordance with the permitted eligible costs . The Municipality shall immediately refund any overpayment upon the Province ' s written request regardless of when the overpayment is discovered . 8 . 4 If the Province , during its inspection of any of the documents , contracts , records , claims and accounts determines that any payment made by the Province has been used by the Municipality for any purpose other than implementation of the Project the Municipality shall , immediately upon written request from the Province , remit the amounts requested to the Province . 8 . 5 Upon written request from the Management Committee , the Municipality shall provide the Committee with any information which is available to the Municipality with respect to the Project and which the Committee requires for any purpose . - 9 - 9 . Indemnification 9 . 1 The Municipality shall indemnify and save harmless the Parties , their Ministers , officers , employees and agents from and against all claims , demands , losses , costs , damages , actions , suits or other proceedings by whomsoever made , sustained, brought or prosecuted, in any manner arising from any wilful or negligent act , or attributable to anything done or omitted to be done in the implementation, operation , maintenance and repair of the Project . 9 . 2 If the Municipality enters into an agreement with a Third Party for the purpose of implementing the Project , the Municipality shall ensure that it is a term of that agreement that the Third Party shall indemnify and save harmless the Parties , their Ministers , officers , employees and agents from and against all claims , demands , losses , damages and costs of any kind based upon any injury or loss of property arising from any wilful or negligent act , omission or delay on the part of the Third Party, its directors , officers , employees or agents in carrying out the contract . 10 . Insurance 10 . 1 The Municipality shall maintain comprehensive policies of public liability and property damage insurance , insuring the Municipality for all sums which the Municipality may become obliged to pay as damages by reason of injury to persons ( including death) or damage to or destruction of property in the course of any activity carried out under this Agreement . 11 . Time is of the Essence 11 . 1 Time is of the essence in this Agreement and any dates or deadlines are to be strictly adhered to . 12 . Priority 12 . 1 In the event of conflict between the body of this Agreement and Schedule "A" , Schedule "A" shall prevail . In the event of a conflict between the body of this agreement and Schedule " C" this Agreement shall prevail . - 10 - 13 . Notice 13 . 1 Any notices , invoices , reports or communications under this Agreement shall be given by personal delivery or by regular mail , posted in Canada , delivered or addressed as follows : to the Ministry : MINISTRY OF MUNICIPAL AFFAIRS CANADA ONTARIO INFRASTRUCTURE WORKS PROGRAM OFFICE (COIW) 13TH FLOOR 777 BAY STREET TORONTO, ONTARIO M5G 2E5 to the Municipality : The Corporation of the Township of Bayham P . O . Box 160 Straffordville , Ontario NOJ 1Y0 Attn : Donald W . MacLeod 1 11 14 . Schedules 14 . 1 Schedules "A" , "B " and " C" of this Agreement and the provisions contained in those Schedules form part of this Agreement . 15 . Alteration or Addition 15 . 1 No change or modification to this Agreement and Schedules hereto shall be valid unless authorized in writing by both the Municipality and the Province . 16 . Binding 16 . 1 This Agreement binds the Province and the Municipality to it and their respective successors and permitted assigns . 17 . Financial Administration Act 17 . 1 Notwithstanding any other provision in this Agreement all obligations on the part of the Province and the Municipality are subject to the Financial Administration Act R . S . O . 1990 , c . F . 12 , as amended or re-enacted from time to time . 18 . Failure to Comply 18 . 1 Where , in the opinion of the Province , the Municipality has failed to comply with any of the terms of this Agreement , the Province shall give the Municipality written notice , by registered mail , of the Municipality' s failure to comply . 18 . 2 If the Municipality upon receipt of the notice referred to in section 18 . 1 fails to comply with the terms of this Agreement within fourteen ( 14 ) days of receiving the notice , the Province may recommend to the Management Committee that it revoke the Project and where the approval is revoked, the Province may recover any and all funds paid to the Municipality under this Agreement . 19 . Dispute Resolution 19 . 1 Any dispute arising out of the Agreement shall be submitted to and determined by a court having jurisdiction in the Province to hear and determine such dispute . 12 - IN WITNESS WHEREOF this Agreement has been executed on behalf of the Province by the Minister of Municipal Affairs , and on behalf of the Municipality by the Mayor , Reeve , Warden or Chair and the Clerk . GOVERNMENT •F T PROVINCE OF ONTARIO ,' ir Witness Minister of Municipal • ffairs Date THE CORPORATION OF THE Township of Bayham Witness Mayor/Reeve/Warden/Chair 99 .- ate ,l 4110( L/Z-(,:tete Witness C erk 4 ,57I —, ffi Date • 1:=N11=11103O.C.IDecret 1O5/94 • SCHEDULE A Executive Council Conseil des min:stres 1 hereby certify that the attached is a true copy of an Order made on January 19th, 1994, by His Honour the Honourable Henry Newton Rowell Jackman, B.A., LL.B, Lieutenant Governor of the Province of Ontario in Council. • Deputy Clerk, Executive Council of Ontario • • Dated at Toronto, January 20, 1994. is,L5 _ Order in Council Decret Ontario Executive Council Conseil oes minnstres On the recommendation of the undersigned, the Sur la recommandation du soussigne, le Lieutenant Governor, by and with the advice and lieutenant-gouverneur, sur I'avis et avec le con- concurrence of the Executive Council, orders that: sentement du Conseil des ministres, decrete ce qui suit : WHEREAS the Government of Canada ("Canada") and the Government of the Province of Ontario ("Ontario") agree that there is a need to renew and enhance Canada's and Ontario's physical infrastructure, notably in local communities; AND WHEREAS Canada and Ontario agree that sound investments in infrastructure can promote a competitive and productive economy, generate valuable short and long- term employment and accelerate economic recovery; AND WHEREAS Canada and Ontario agree that it is opportune to invest in needed infrastructure in periods of high national or regional unemployment; AND WHEREAS Canada and Ontario are committed to environmental sustainability and recognize that infrastructure investments can enhance the quality of the environment; THEREFORE the Minister of Economic Development and Trade and the Minister of Municipal Affairs are authorized on behalf of Ontario to enter into an agreement with the Government of Canada in English and in French in substantially the form of the agreement attached hereto. • Q)„&,4 Recommended Concurred Premier and President Chair of binet of the Council Approved JAN 1 9 1994 and Ordered / Date •�� • t' Governor • I O.C./Decret 105/94 • . 14_1. C . P . 1993 -7/2182 22 decembre 1993 CANADA PRIVY COUNCIL • CONSEIL PRIvE. (Rec. du C . T . 820960 ) Sur recommandation du ministre de 1 ' Industrie , des Sciences et de la Technologie et du Conseil du Tresor, it plait a Son Excellence le Gouverneur general en ccnseil d ' approuver cue le ministre de 1 ' Industrie , des Sciences et de la Technologie et Ie Président du Conseil du Tresor et ministre responsable de l ' Infrastructure concluent, au no du gouvernement du Canada , une entente de contribution sur l' infrastructure avec le gouvernement de la province de l ' Ontario , laquelle entente est conforme en substance au prof et d ' entente ci-joint. t,r;:TIrICD TO BE A 'Mit CCP`/ - COPIE CER"WIEE CONFORM ci5:1;firot 2.)/4 CANADA-ONTARIO INFRASTRUCTCRZ PROGRAM AGREEMENT This Agreement made this day of January 1994 . BETWEEN THE GOVERNMENT OF CANADA (herein • referred to as "Canada" ) represented by the Minister responsible for Infrastructure and the Minister of Industry , Science and Technology AND THE GOVERNMENT OF THE PROVINCE OF ONTARIO (herein referred to as "the Province" ) represented by the Minister of Economic Development and Trade and the Minister of Municipal Affairs . WHEREAS Canada and the Province agree that there is a need to renew and enhance Canada ' s and Ontario ' s physical infrastructure , notably in local communities ; • AND WHEREAS Canada and Ontario agree that sound investments in infrastructure can promote a competitive and productive economy , generate valuable short and long-term employment and accelerate economic recovery ; AND WHEREAS Canada and Ontario agree that it is opportune to invest in needed Infrastructure in periods of high national or regional unemployment ; AND WHEREAS Canada and Ontario agree that such investments need to be undertaken in an efficient and timely manner ; AND WHEREAS Canada and Ontario are committed to environmental sustainability and recognize that infrastructure investments can enhance the quality of the environment ; AND WHEREAS the Governor in Council by Order in Council P . C . 1993 -7 /2182 dated , December 22 , 1993 has authorized the Minister of Infrastructure together with the Minister of Industry , Science and Technology to execute this Agreement on behalf of Canada ; AND WHEREAS the Lieutenant Governor in Council , by Order in Council of the day of 199 , has authorized the Minister of Economic Development and Trade and the Minister of Municipal Affairs to enter into this Agreement on behalf of the Province of Ontario ; NOW THEREFORE THIS AGREEMENT WITNESSETH that in consideration of the premises , covenants and agreements herein contained , the parties hereto covenant and agree as follows : , • - 3 - ( n) "Provincial Implementing Minister" means the Minister of Economic Development and Trade and includes anyone authorized to act on the Minister ' s behalf ; ( o) "Provincial Minister" means the Minister of Municipal Affairs and includes anyone authorized to act on the Minister ' s behalf ; (p) "Provincial Minister ( s ) " means the Provincial Minister and the Provincial Implementing Minister ; and (q) "Third Party" means any person , other than a Party to this Agreement or a Contributor , with whom an agreement is signed for the completion of a project . 1 . 2 Words in the singular include the plural , and words in the plural include the singular . 2 . 0 PURPOSE 2 . 1 The purpose of this Agreement is to enable CANADA and the Province of ONTARIO , in co-operation , where and as appropriate , with Contributors to undertake a program of investment in order to : • renew and enhance the quality of Canada ' s and Ontario ' s infrastructure which is instrumental in the provision of public services , notably in local communities ; and , • provide for timely and effective employment creation . 3 . 0 MANAGEMENT AND COORDINATION Fstpblishment and Internal rules 3 . 1 A Management Committee shall be established to administer and manage this Agreement . It shall consist of four members , two to be jointly appointed by the Federal Ministers and two to be appointed by the Provincial Minister ( s ) . In addition , the Federal Minister and the Provincial Minister may each appoint one representative as an ex-officio member of the Management Committee . The Management Committee shall continue to exist and operate for as long as necessary to meet the requirements of the Agreement . 3 . 2 The Management Committee shall be headed by two Co-chairs , one from the two federal members , to be known as the federal Co-chair , and one from the two provincial members , to be known as the provincial Co-chair. The federal and provincial members not appointed as Co-Chairs shall act , in absence of their Co-Chair , as the substitute . 3 . 3 The Management Committee shall meet on a timely basis at such places and on such dates as may be agreed by the Co-chairs . A quorum for all meetings of the Management Committee shall be made of the Canada Co-chair or substitute member and the Provincial Co-chair or substitute member ; 3 . 4 Decisions of the Management Committee can only be - 5 • Adninis . tior1 3 . 7 The Management Committee shall be responsible for the administration and management of this Agreement , and without limiting the generality of the foregoing , shall : ( a) ensure that the expected completion date of a project shall not be later than March 31 , 1997 ; ( b) ensure the implementation of the management information and evaluation provisions of this Agreement and ensure a free flow of information between the Parties ; , ( c) adopt such standards , procedures , forms ( eg . Project Authorization form) , reports and guidelines consistent with this Agreement as it deems expedient and appropriate to achieve its purpose ; (d) establish Sub-Committees as may be required from time to time to assist in the management of this Agreement , delegate to them all necessary authority to carry out their mandate and establish all procedures with respect to its own meetings and those of the Sub-Committees , including rules for the conduct of meetings and the making of decisions where the members are not physically present ; and ( e) carry out any other duties , powers and functions specified elsewhere in this Agreement or as may be assigned to the Management Committee by the Ministers to accomplish the Purpose of the Agreement . 4 . 0 IMPLEMENTATION 4 . 1 Subject to the terms of this Agreement , the Province shall undertake or shall cause to be undertaken the implementation of all projects . 4 . 2 The review, approval and implementation of any projects shall be undertaken in mutual respect of applicable federal and provincial environmental legislation . 5 . 0 CONTRACT PROCEDURES 5 . 1 All contracts to be entered into by the Province or by any Contributor with a Third party for the due implementation of a project shall be awarded and administered in accordance with the administrative , management and contract procedures within the Province. 5 . 2 All contracts entered into pursuant to Section 5 . 1 shall incorporate the relevant provisions of this 1 p Agreement and in particular , that • any of the members of the Management Committee shall be permitted , at all - 7 • ( b) Except with the written agreement of the Federal Minister , ( i ) should the federal share of direct costs referred to in subsections 7 . 1 ( a) , ( b) , ( c) and (d) that are incurred but not necessarily paid for projects approved account for less than 5252 . 829 million by March 31 , 1995 , the maximum total contribution by Canada under this Agreement shall be reduced by the amount corresponding to the shortfall ; and ( ii) ? o more than $108 . 356 million of the federal share of direct costs referred to in Subsections 7 . 1 ( a ) , ( b) , ( c ) and (d) may be incurred after march 31 , 1996 which, in any case , shall be incurred on or before March 31 , 1997 . 6 . 2 ( a ) The contribution` by Canada from all sources , including this Agreement , with respect to any one Project shall not exceed one-third ( 1/ 3 ) of the total Eligible Costs approved for that project , except as otherwise provided in subsection 6 . 2 (b) of this Agreement . (b) Canada may , at the request of the Province but subject to the agreement of the federal Co-chair , fund more than one third ( 1 / 3 ) of the Eligible costs of a specific Project provided that Canada ' s share of Eligible costs for all projects approved under this Agreement, at any given time , by the Management Committee does not exceed one third ( 1/3 ) . ( c) Eligible Costs referred to in Subsection 7 . 1 (d) shall be shared equally by the Parties . 7 . 0 PAYMENT PROCEDURES 7 . 1 For the purposes of this Agreement , "Eligible Costs" include all direct costs properly and reasonably incurred and paid solely and specifically in relation to this Agreement that are : ( a) invoiced against a contract for goods and services necessary for the implementation of a Project ; ( b) any other costs which are incurred and paid in the course of implementation of the Project that are recognized and determined as relevant by the Management Committee ; and (c) the salaries and other employment benefits of any employee of Canada , the Province or the Contributor engaged solely and specifically for the purpose of implementing a Project under this Agreement which costs have been determined and approved by the Management Committee ; • - 9 - (b) the Management Committee approved , as being justified , the inclusion of the cost overruns ; and (c) funds are available to cover said costs • overruns . 8 . 0 AUDIT AND INSPECTION 8 . 1 Canada and the Province shall ensure that proper and accurate accounts and records are maintained with respect to each Project undertaken pursuant to this Agreement and shall , upon reasonable notice , make such accounts and records available for inspection. 8 . 2 Accounts shall be maintained for a period of three years beyond March 31 , 1996 . 8 . 3 Each of the Parties may inspect the amounts of all claims in respect of any project implemented under this Agreement and the accounts and records related thereto . Any discrepancy between the amounts paid by any of the Parties and the amount payable under this Agreement shall be promptly adjusted between the Parties. 8 . 4 Each of the Parties hereto will provide to any member of the Management Committee on request all information that would indicate that a Project hereunder has been undertaken or completed and the costs incurred with respect thereto . 9 . 0 PROGRAM( EVALUATION 9 . 1 The Management Committee shall approve a plan and budget for the evaluation of the Program of Infrastructure within six months of the signing of the Agreement . Costs associated with the evaluation shall be shared equally by the Parties . 9 . 2 The evaluation plan shall identify : responsibilities for evaluation activity and data collection ; evaluation issues ; and , the character and timing of data collection . 9 . 3 The Management Committee shall approve the terms of reference for the evaluation before it is undertaken . 9 . 4 The Management Committee shall submit to the Ministers an evaluation report no later than twelve months after March 31 , 1996 . 9 . 5 Each Party will provide the other with all relevant information as may reasonably be required for such evaluation . - 11 - 11 . 0 GENERAL 11 . 1 This Agreement may be amended from time to time on written agreement of the Federal Ministers and Provincial Ministers . It is expressly agreed and understood , however , that any amendment to Section 2 . 0 dealing with PURPOSE , to the part of Subsection 3 . 5 ( a ) dealing with the last approval • date, to Subsections 6 . 1 ( a ) and 6 . 2 ( a ) dealing with the financial participation of Canada must be approved by the Governor in Council or must obtain any other approval that may be otherwise statutorily required. 11 . 2 No member of the House of Commons of Canada or of the Senate of Canada or of the Legislative Assembly of Ontario shall be admitted ,to any share or part of any contract , agreement or commission made pursuant to this Agreement or to any benefit arising therefrom. 11 . 3 Nothing in this Agreement is to be construed as authorizing one Party or , at the demand of the Province , any Contributor to contract for or to incur any obligation on behalf of the other or to act as agent for the other . 11 . 4 All property including patents , copyrights and other intellectual property and any revenue acquired as a result of the work performed under any approved projects shall be disposed of , licensed or otherwise dealt with as the Management Committee may from time to time determine . 11 . 5 Notwithstanding any other provision of this Agreement , all obligations of Canada incurred by virtue of this Agreement shall be subject to the Financial Administration Act . 11 . 6 ( a) Any dispute between Canada and Ontario hereto or any question of law or fact arising out of this Agreement shall be submitted to and determined by the Federal Court of Canada pursuant to the Federal Court Act of Canada . (b) Any dispute arising from contracts entered into pursuant to Section 5 . 1 of this Agreement shall be submitted to and determined by the court having jurisdiction and governing said contracts . • ..a CORPORATION OF THE TOWNSHIP OF BAYHAM BY-LAW NO. 94-65 BEING A BY-LAW TO AMEND BY-LAW NO. 94-42 AND TO AUTHORIZE THE REEVE AND CLERK TO ENTER INTO AN AGREEMENT WITH THE HER MAJESTY THE QUEEN IN RIGHT OF ONTARIO AS REPRESENTED BY THE MINISTRY OF THE MUNICIPAL AFFAIRS WITH RESPECT TO THE CANADA / ONTARIO INFRASTRUCTURE PROGRAM FOR CONSTRUCTION OF A NEW FIREHALL WHEREAS the Province of Ontario and Canada entered into the Canada-Ontario Infrastructure Program Agreement; AND WHEREAS on June 27, 1994 the Province and the Township entered into a Provincial - Municipal Infrastructure Agreement; AND WHEREAS the Township of Bayham has applied to the Canada-Ontario Infrastructure Program for funding to construct a new firehall: AND WHEREAS it is deemed necessary to amend By-law No. 94-42 by which the Township of Bayham entered into an Agreement with the Ministry of Municipal Affairs to provide funding to the Township of Bayham. THEREFORE THE COUNCIL OF THE CORPORATION OF THE TOWNSHIP OF BAYHAM ENACTS AS FOLLOWS. 1. THAT the Reeve and Clerk be and are hereby authorized to execute an Agreement with the Ministry of Municipal Affairs for the funding of a new firehall. 2. THAT the said Agreement is attached hereto as Schedule "A" and forms a part of this by-law and this agreement shall also form part of Schedule "C" of By-law No. 94-42. 3. THAT By-law No. 94-42 is hereby amended by amending Schedule "C" by adding to it the new firehall project (M4460202) which will form part of Schedule "C" of the Agreement. 4. THAT this by-law shall come into full force and effect upon final passing. READ A FIRST AND SECOND TIME this 1st day of DECEMBER, 1994. READ A THIRD TIME AND FINALLY PASSED this 1st day of DECEMBER, 1994. osow REEVE CLERK PROVINCIAL-MUNICIPAL INFRASTRUC'1'uRE AMENDING AGREEMENT THIS AMENDING AGREEMENT made this 10`l' day of November , 1994 . BETWEEN : HER MAJESTY THE QUEEN, in right of the Province of Ontario as represented by the Minister of Municipal Affairs referred to below as the " Province " , AND : THE CORPORATION OF THE TOWNSHIP OF BAYHAM referred to below as the "Municipality" , WHEREAS on June 27 , 1994 the Province and the Municipality entered into a Provincial - Municipal Infrastructure Agreement ( referred to as the "Agreement " ) ; AND WHEREAS the Province and the Municipality have agreed that the Agreement should be amended in accordance with the terms set out in this Amending Agreement ; AND WHEREAS the Municipality has by By- law 94-66 , dated December 1 , 1994 and appended hereto as Schedule "A" authorized the Mayor , Reeve , Warden or Chair and the Clerk to enter into this Amending Agreement on behalf of the Municipality; - 6 - 2 - THEREFORE the Province and the Municipality agree as follows : Adding new projects use the following : 1 . Schedule " C" of the Agreement is amended by adding to it the following Projects which will form part of Schedule " C" of the Agreement : 1 . M4460202 2 . The terms and conditions of the Agreement continue to apply, except to the extent which Schedule " C" is amended by this Amending Agreement . ...___. ..... . . IN WITNESS WHEREOF this Agreement has been executed on behalf of the Province by the Minister of Municipal Affairs , and on behalf of the Municipality by the Mayor, Reeve , Warden or Chair and the Clerk . GOVE ' ► NT OF THE PROVINCE OF 04000 ANL, Witness Minister of Municipal Affairs #-At 39 / 917("( Date f THE CORPORATION OF THE Township of Bayham Witness Mayor/Reeve/Warden/Chair ,e..( 1k4. / 79-X Date it(1(1 Witness Clerk DC ct'rnhx( -7 )(14 Date SCHEDULE " C " 1 . MUNICIPALITY : TOWNSHIP OF BAYHAM 2 . PROJECT NAME : FIRE HALL #1 3 . PROJECT NUMBER : M4460202 4 . LOCATION OF PROJECT : LOTS 12 , 13 , 16 , 17 , WEST OF PLANK RD . 5 . ELIGIBLE PROJECT COSTS : $ 167 , 295 . 00 As approved and set out in the attached Project Expenditure Schedule . 6 . PROJECT START DATE : 1995/04/30 7 . PROJECT COMPLETION DATE : 1995/08/31 ..u-,.....�......_.... .. ....... ..... .. .wwr,M, ;;«r....T<. .w::>..«,.,:Tw-,,,:,.x::-,ox�.^,..-avz,„»-.c-c:,s.;. .:c,. .-:c..,�^., ,-- x�. ., .......>::cL.,Aw'.§3..,✓.*..' .ce .c4Fz.;z3,,6.3�:.m,4,. 6a... /,ts'� S.ro'c... ,. ...3a"r s:a?`.s." a ,.;.'a�n1.. ..�� �.� • SCHEDULE 2/ANNEXE 2 PROJECT EXPENDITURE FORECASTJDEPENSES PREVUES DU PROJET (Section 2.1 through 2.11 Guide to the Application Form)/(Article 2.14 2.11 Guide pour rempiir le formulaire de domande) Lad t.nacrpan.a..w bol hoy.d Mas.n«a- rbi• 19$4/96 1995/96 1996/97 Apron/ July-Sept/ Oct-Dec/ Jan-Mar/ A_r kn/ July-Sea/ Oct-Dec/ Jan-Mar/ A_/ Juty-Sept/ Oct-Dec/ Jan-Mar/ Avr-Juin Jul-Sept Oct-Dec Jan-Mars Avr kin Ju!-Sept Oct-Dec Jan Mars Avr-Juin J Sept Oct-Dec Jan-Mars 2.1 Invoiced Costs - Major Contract/ Coats factures - Contra! Important 164,265_ _ + 2.2 Other relevant contract costs/Autres coats pertinents du can rat 10,000 2.3 Salaries & Employee Benefits/ Salaires et wastages soclaux des employes 2.4 Equipment/Materiel 2.5 Other Costs (specify)/Autres coats (predser) 2.6 Total Estimated Project Gross Cost/Coat brut total estimatif du pro}et 2.7 Less GST Rebates/Moins remboursements de la TPS 400 6,570, 2.8 Total Estimated Project Net Cost/Coat net total estimatif du projot 9,600 157 ,695 Proposed Method of Financing/Method.de flnancem.nt propose. Total Funding $/Fnancernen*total $ 2.9 Canada Ontario Infrastructure Works Capital (Federal and Provincial Shares)/ Recettes en capital - Programme sur les travaux d'Mrhastructure Canada-Ontario (Parts federate et prc inclale) 111 ,530 2.10 Local Partner's Own Resources/Fonds propres du partenalre local 55,765 2.11 Private Sector Contributions (Attach Business Case)/Contributions du secteur prtve (Priers de Joindre un rapport d'affalres) • TOTAL/TOTAL 167,295 SCHEDULE "A" I ft .,r. ARID REAL ESTATE ASSOC1ATILil AGREEMENT OF PURCHASE AND SALE t REAl1OR REALTOR PURCHASER. .. .? i�.CQ.XP.4X$ R�.. ..t>t1�..�QWr1fi�� P. .S? ..$aYhdltl offers to buy from VENDOR, Soreny Farms Limited is»Xaikc___ ' the following MISTING SMOKER, (SELLING SRO*SRI PROPERTY: fronting on the side of known municipally as in the . ...To.wnsha.p of ....Ra.y.h.am G and having a frontage of 112. feet more or less by a depth of ....2 6 4..f.eet more or less and described as Lot s.. l2..and..1.3..nor.th..of..Thi.rd..Str.ret.ant3..Lr�ts..�6..and..1.?..s QQthilnn.o�..��Lizth Streetr..P.lam. .2A5.a ..Str.aff.ordvi lea..7Cwp. .o effePM]RCHASEPRICE OF T h i.r t y Thousand Canadian Dollar,(Scan 30, 000. 00 )on the following terms 1 Purchaser submits with this offer .N i.1. Dollars(S .Nil )eashichcque payableXalifIitiithi1lelair as a deposit to be held by him in trust pending completion or other termination of this Agreement and so be credited towards the Purchase Price on completion 2 Purchaser agrees in pay the entire purchase price in the amount of $30, 000 . 00, subject to adjustments , on the closing date which is January 6 , 1995 . 3 . The Purchaser covenants that this property will be used for construction of a Township Fire Hall and not for re-sale . `f OCT 1 1 1(;94 Ac:l n . . . . . . . .... ...... 3 Purchaser and Vendor agree that all existing fixtures are included in the Purchase Price except those listed hereunder and that the following chattels are included in the Purchase Price: 4 Purchaser agree that this Ofkr shall be irrevocable by him until ... 11:5 9 Xocm/p.m.)oa the ....3.0th. day of September,, 19 .9 4 after which time, if not accepted, this Offer shall be null and void and the deposit shall be returned to Purchaser without interest or deduction. 5 This Agreement shall be completed on the .6 t :l day of Januar]/ 1995 Upon complexion, vacant possession of the property shall be given to Purchaser unless otherwise provided as follows. ( Purchaser shall be allowed until 4:59 p.m.on the ...15th Ilecember . 19 .94 at: wnslae the title to the property, at his own expense, to satisfy himself that there am re ontatandla tort orders enacting the property. that its present use may be lawfully continued, and that the principal building may be insured against risk of fire. 7 Provided that the title to the property is good and free(men all restrictions,charges.liens.chums and encumbrances.except as otherwise specifically provided in this Agreement, and save and except for. (a) any registered restrictions or covenants that run with the land, provided that such are complied with; (b) any registered agreements with a municipality or s supplier of utility service including,without limitation,electricity.weer,sewage,gas.telephone or cable television or other telecommunication service,providing such have been complied with or security has been posted to ensure compliance and completion as evidenced by letter from the relevant municipality or utility supplier: end (c) any minor easements for the supply of utility service to the property or to adjacent properties. If within the time for examining the title any valid objection to title,or any outstanding work order or deficiency notice,or to the fact that the said present use may not lawfully be continued.or that the principal building may not be insured against risk of fire,is made in writing so Vendor or Vendor's solicitor,which Vendor is unable or unwilling to remove. remedy or satisfy.and which Purchaser will not waive,this Agreement.notwithstanding any intermediate acts or negotiations in respect of such objections.shall be at an end,and all money theretofore paid shall be returned without interest(Sr deduction and Vendor and his Agents shall not be liable for any cases or damages Save as to any valid objection so made within such lime,and except for any objection going to the root of title,Purchaser shall be conclusively deemed to have accepted Vendor's title to the property. Venekx hereby consents hi the municipality releasing to Purchaser details of all outstanding work orders or deficiency notices affecting the property,and Vendor agrees to execute and deliver to Purchaser or his solicitor such further euthortutions in this regard as Purchaser may reasonably require K Purchaser acknowledges having Inspected the property prior to submitting this Offer and understand+that upon Vendor accepting this Offer there shall be a binding agreement of purchase and sale between Purchaser and Vendor. V Vendor anti Purchaser afire that there is no condition.express or implied,representation or warranty of any kind that the future intended use of the property by Purchaser is or will he l.r tui citcps as may he spectfical(y simulated elsewhere in this Agreemeni a It) Puehasei shall diet tall AK de Iri.Jtamwn of any tick abstract.once)or.whet evwkua.,id Ink to the property except as are in the Iwetaasonii or control of Vendor Vendor agrees that.if requested by the Pwshaser.he will akhtrr any O.._h of surrey of the poverty in hr.pxnsesaion or within his control to Pure asci as soon as possible and prow to the lay day allowcs lar exam $Ink. In the went that a disclwge of any mtingagc or charge held by a tutptratnwt tneutfwrrared pursuant to the Loan Ctwnpanies Act (Canadal.Chartered Barri.Trust Cownpany.Crain Union or In.uran.-Cumpaty and which is mac w he assumed by the Purchaser on Collipktitn,is not available in registrable form an ctwnpinton,the Purchaser agora to assent the Vendor's sob:dors per uwtal unknalung to.,Main,rut of the citrons funds.a discharge or cessation of charge in registrable Ilam and to register same on tick within a reasonable period of tune after completion.pawkiest that on or More sonipletnm the Vendor shall provide to the Purchaser a metagage statement prepared by the mortgagee setting out the balance required he obtain the disahai te.together with a Jirecti.n eseemed by the Vendor durecteng payment to the mortgagee.of the anw,ont required to obtain the dnshuge mit of the balance date on co mp letwn I I. All Mdidmgs on the 114s1iesty aril all other Muir.temng purchased shall le a d rcnarn until cownpktsn at the ns►of Venekw.Pending complete n.Vector shall hood all insurance policies.if any.and the pa m:mt.dle•reol in torn ler die pante??as their mimes".may appear and in the event of substantial donate.Purchaser may either tean,natc this Agreement and have all montes temtdore paid returned w Illunnt merest or deduction is else take the pnkessh of arty insurance and ciwuplctc the puntuse Nee insurance shall to transferred on completion If Vendor is taking hall a is isgage•or a charge.tot Purchaser is assuming a mortgage or a charge.Isua haler shall supply Vendor with reasonable evidence ief adequate insurance to protect the Vendor'►or tuner ii igagt.s interest ter completion 12. Pons died that this agreement shall he cfieltoe to create an interest an the property.rely it the*oblivion('control provisions of The Kimono Am are complied with by Vendor on or before elnipletwat and Vc.khw hereby etiveiaiila Iii pnaxest Jthgently at his etpealse hi obtain any necessary eon-am on Of before cintpktuswu 13. Punhaser shall he credited hiwa is the Pun.hase Prase with the amount. if any, which et shall he nvessary for Purchaser rl pay h.the Minister of Nanwiat Revenue in strike to raaarsfy Purl bagels liability in respect of las.payable by Vendor under the nn•reswkiiy provision.of the In ornee Tax Asn by na.+n of this sale. Purchaser.hall not stain such credit if Vendor deltoers sit completion the preaetltest certildAC Of his statutory-rkttarawn that he is mil then a ran•resaaknt.J Canada II Any nerds.rrwnga(;e interest.really cases Irish...ins 10(.41 improvement fairs and untneterei public.r private utility charges and unmetered cost itl Incl,as applicable,.hall be apportioned owl allowed to the day of completion,the day of a atiplctio n itself to he apptwli+ted to Purchaser IS. the Tra sler/l.xd shall.sage for the lust Transfer Tax Allwlavit.he prepared in registrable form at the(xpense of Vendor,and any monger or charge to he given bask by the Purchaser to the Veneki ti the expense of the Purchaser.It requested by Pu t-baser.Vendor covenants that the Transfer/Deed to be&livered on ccwnpktnn shall contain the sutee ears contemplated by Clauses i•A2last).thI and pet of ole Planning Act.19111. 16Time shall in all respects N.of the essence hereof provided that the one her doing or cumpleting of any nutter provided fur herein may be emended or abridged by an agreement in writing ogled by Venda and Pun'haser.w b)their reykttise wiacnrars oho nu)be spcetfically aoth.mn ced in that regard. 17. Any lender of document.of money hereunder may he made upon Vendor or Purchaser or their respective solicitors ott the day set for completion of this Agreement,MVlity may be tendered by twin draft or cheque cradled by a Chartered Bank.Trust Centpaty.Province oh 011141141Savings Wove.Credit Union or Cosa:Pootel .re 111. THE VENDOR WARRANTS THAT SPOUSAI.CONSENT IS NOT NECESSARY'TI)THIS TRANSACTION UNDER TiHE PROVISIONS or THE FAMILY LAW ACT,lute, t.'M.ESSS THE VENDOR'S SPOUSE Ii.iS EXECUTED f'llk CONSENT IIEREIN.IF f'ER PlW%IUED. lV. The Vcnd t represents and warrants to the Purchaser that during the tine the Vendor has owned the property.the Vendor has not caused any budding on the property to tx uasutaed with insulation containing utcafurmaldehysc,and that to the best of the Vendor's knowledge no building on the property contains or has ever contained insulation that contains ureaformadkhyok.This warranty shall survive and not merge on the completion of this transaction and if the huddling s pert of a muhipte unit building.this.warranty shall only apply to that pan of the budding which Is the subject of the.transaction 20 THE PURCHHASE:R is HI:REHY NUTIETED"THAI'A CONSUMER KF:P()KT CONTAINING I:REl)I f ANIPOK PERSONAL.INFi)RMA"TION MAY HE REFERRED TO IN t'UNNEt'TION WI I'll THIS'TRANSACTION. 21 The Vendee I.enfiy appoints the listing Broker his Agent her the purpose tel gusrng and receiving nates pursuant to this Agrerment 22 It there is mollies between any iwu\'isnwt written or typed an this Agreement tincluding.uty Schedule to this Agree entt and any prevision ut the printed pestwn herein.the wotirn Of typed proa'tsi.n shall supk•iwnk the primed poisons'hl the extent ot such sootiest.•ihis Agrcenem tnludong any Schedules attached hereto,shall stwtstnur the entire Agreement between the Purchaser and Venlnt.There a•till tepres iarawn.wararny,collateral agreement or twdhtitn.whether direct iv collateral or expressed or implied.ahs h induced any party hereto to enter into this Agreement or an which'cleanse as places,by any such party.or whe"h affects this Agreement sea the p aupeny or supported hereby,other than as expressed herein This Agreement shall he read with all changes of gender or minter respired by the asinkst 21 II this transaction is subject to Goods and Services Tin(G.S T.)punuan to the Excise Tat Act(Canada,then such G S T shall be in addition to and not included to the Purchase Price,and G S T.shall he cnhketed and tenoned in accordance with applicable kgislati.nn.If this transaction is nor subject to C S T.,the Vendor agrees to provide on or Adore closing to the Purchaser or Purchaser's soh.citnr a certificate in the form prescribed by the applicable legislation of to prescribed.or otherwise in a form reasonably satisfactory to the Purchaser or Purchaser's suhutcr)certifying that the transaction is nut subject to G.S T DATED ._—Tillsonburg_._�_._____. this lay laytsf _-,..�� �mkar-a_____--- i9_94_ SIGNED. SEALED AND DELIVERED in the preserve of IN WITNESS whereof I hest hereunto en my hand and seal THE CORPORATION OF THE rrO N I OF BAYHAM Per: DATE.gat . 47 /94_ Per: DATE.S gp-tL2 4_ .4J• The understgned accepts the above Offer-anti•agrees•+rttlnytetromg-DroleeraDave•-.. .,,c-tn-eenMkronerr-hw•tkr+wvxw•+rsywrwurvo(.Mo-sadd)!fit,-o-p+ay-iworssu .bA ama.oi- sL.Tip kittw: W At."trirTa'J1.e m.m-u,`r,'zr-lonR-.pptxatm 9 ar bt *S:nices-Farteul:s+rvM.xn taies-ar.rtarovet ef+.-tora7;l+...brw.«ahealsennow...seese— afiltitaires near(>rbt edYtamhe a7eptatr-Metebrirreroeabfrrrstroet myselreiter eo p.ydrtet:llytenthr•4.Pttmrpoui.ta-lhtwmp.su buianu..f alswooeamiwalun wad-such s.mi airww•— the reeve ehrelive-,tecTrmortoany-paynnenrto-tbe•.ndeni=roc Oslo ernnip c'swsw.•..adrwetbyNi i.irla�n,W arW wax.Huss. ` DATED at_.`_Ti l lsonburg .__ rhos .___(1.c,_ SIGNED. SEALED AND DELIVERED in the presence of IN WiTNESS*hermit I base hereunto set my hand and sea SORENY FAR'M5 1 rMT 'Per : ill DATE Sgt _. 94 IV Pilmi•O lard• DATE _ .. aa... The undersigned Spouse of the Vendor hereby consents to the dispo iluon evidenced herein pursuant to the provisions of The Fainly Law Aust. IY$6 In consideration of the sum of One Dollar 151 (xl)• the receipt oh which Irons the Purchaser rs hereby acknowledged. the undersigned Spouse of the Vendor hereby agrees with the Purchaser that he/she will execute all necessary or incidental documents to give lull force and effect to the sate evidenced herein --- DATE PATE _ ....__ IWurvc••7 14~41 ACKNOWLEDGEMENT .a. i K'loowledpge receipt of my signed copy of this accepted Agreement of Purchase and I acknowledge receipt of my signed copy of this accepted Agreement of Purchase arid Sok and i authorize the Agent to forward a copy to my sot.ctot. Sale and I authorize the Agent to forward a copy to my solicitor Soreny Farms Limited DATE Se1?t,,_ /94 The Corporation of the DATE Sept . /9 mvrw►r. '^-•u— Township of Bayham DATE _.. __ __ DATE ADDRESS ADDRESS P.iOO. Box 160 S ffp TELEPHONE NO. TELEPHONENO Hhh— sal !r Ontario NOJ lY0 VENDOR'S SOLICITOR Groom & Szorenyi PURCHASER'S SOLICITOR _Ian R. Linton P. O. Box 176 , ADDRESSTilIson1urg, Ontario N4-G 4H5 ADDRESS Tilis�burn, Ontario�N4G� 4H3 TELEPHONE NO. X92=420.5 TELEPHONE NO. FOR UFEICE USE ONLY COMMISSION TRUST AGREEMENT Tu.The Selling : • .on the foregoing Agreement of PO/these and Sisk hi cunsxkrati n for the Selling Bn- n the furegorng Agreement of Purchase and Sale.1 hereby declare that all moneys received or rest it in connection with the Trattsacti n as contemplated in Subsection 2 of Section Rules and Regulations of the Board(the"MIS Rules")shall be reservable area held In trust under the terms set out in Subsection g of Section 14 of the Ml , • le are incorporated here . • ice as if net out in length.This agreement shall constitute a Cumnntisawao Trust Agreemcm as defined in Iht MLS Rules and shall he subject to and governed by t • ,y. naming to Commission Trust.For the purposes of this Cununusi n Trust Agreement. the Cunnmts.tun Trust Amount shall tit: DATED as tat the dao and tame of the acceptance ret tm. • g Agreement of Purchase and Sale. Acknowledged by: S. . was"'luso ndrnnJ tapnvrtad..s Saaadatrt tit S<11w.a anAer.r awiau+rva.l nprr.ewir..c Foam Nu 1(11 01.N2 • Bayham Township By Laws _ .,# _., , . i .. , , op, lia, ' Adi 11,A1446'' .....,,. . By-Laws # 94-43- #94-60 1994 cit_Aak 7-0 wr.: / , p - 1 cf...A,J, -4 Grit - - .4, f /94) _ (._ 9r ` -41 (.04 (.4 ) - c4. 9 --c5 6 O cr OFFICIAL PLAN OF THE TOWNSHIP OF BAYHAM AMENDMENT NO. 97 1. PURPOSE The purpose of this Amendment is to change the land use designation on a parcel of land from "Agriculture" to "Rural-Estate Residential" in the Official Plan of the Township of Bayham. 2. LOCATION The area affected by this Amendment comprises approximately 2.0 hectares (4.9 acres) and is situated in Part Lot 13, Concession 2 on the south side of Highway No. 19 in the Township of Bayham. 3. BASIS OF THE AMENDMENT The subject lands are situated on the south side of Highway No. 19 immediately south of the Village of Vienna. Part of the property is occupied by an existing non-farm dwelling and a garage. A portion of the lot is intended to be retained in order to create a new lot for a retirement residence. The severed portion will continue to be occupied by the existing dwelling which is to be conveyed to a family member. Section 4.3.2. of the Official Plan prescribes criteria for the redesignation of land for estate residential purposes. A review of these criteria indicates the proposal is in accordance with the criteria as they apply to the subject lands. The built up nature of the local area and the size and shape of the subject lands severely limits the agricultural potential of these lands. After consideration of the relevant evaluation criteria in the Official Plan, Township Council deems it appropriate that the subject lands be removed from the present agricultural designation and placed into a Rural-Estate Residential designation in order to facilitate the development of one new dwelling pursuant to the process of severance and conveyance and rezoning. - 2 - 4. DETAILS OF THE AMENDMENT i) Schedule 'A' Future Land Use of the Official Plan of the Township of Bayham, is hereby amended by changing from "Agriculture" to "Rural- Estate Residential", those lands shown on the attached Schedule 'A', which schedule shall constitute part of this Amendment. ii) The lands subject to this Amendment and designated "Rural-Estate Residential" may be used, developed and zoned in accordance with the policies of Section 4.3.2 of the Official Plan, Estate-Residential as amended. . 1-."111111131811/2'011, SCHEDULE A pll lipir � , OFFICIAL PLAN OF THE 1111;caiiiith;-,- , d )~'•'1 `, TOWNSHIP OF BAYHAM woo. .:........ ,:::- - pop. :Atition„ ,4 A41 Q3 ill lit FUTURE LAND USE ... „. 1 ad I .° ,iiiif AMENDMENT No. 97 ' E• . , a 44 ►. all ti '' 1. is " . ilpo 4 il III r i AGRICULTURE ,.. ill Ifl ttE ..,ill I ..• „a �. INis � 1 �`� RURAL tN 14.; .:, •' • 0 fu11041L.,„ ,,,„/ 11111 1. I ,' rlit p. �'TgBx� �"- SUS-CLASSIFICATIONS ' I` ��� x,' ESTATE RESIDENTIAL Ut1 as ,a, ,a W MOBILE NOME PARKS 1 :'� ;:or.. �', SEASONALTRAVELTRAILER PARKSIir 4" CAMPGROUNDS '") RECREATIONAL`.. : dOilipoillt il ,; , � N S T R _a PUBLIC INSTITUTIONAL r %i� '' f° COMMERCIAL i: rill M' INDUSTRIAL "11i:5,,/0 1 molt Mf'O'S*1yCX ON tl lE K7tOUlE tra tordvIlIe S S T R a,.aal.rfc.non......cxaofot I••® 111 K tNtEMOVe0 TO Nermist t•CTiAL 044A molt A'Imre-p.c.'10 UK fOw.lsfr! 1 I 19 > 17D.+•El.atsre AWN*En tA«9,IOltD *' Olt.MDE rpt O MIO A,+EA IDaxrrfuty, r l���' . _ ; 'a11..L.!::.:: ::-Lj HAZARD LANDS ,ea. 1,-. i ti.:.'N.::::. CONSERVATION LANDS V te: -.. ar-pr.4 4E. i MINERAL RESOURCE AREAS Catton, ik0 Illi$11111 ill HAMLETS ® (COMMUNITY IMPROYEME�JT AREAS) m i mc 1 Q PROVINCIAL HIGHWAYS killm ARTERIAL ROADS • fI 1141,10 . , : (COUNTY ROADS) ..... ,/ -� LANDS CHANGED FROM " " '' � 't11 • 97 'AGRICULTURE'TO'ESTATE RESIDEN11AL R(E)• :,�� rel. ., :. ii 1. . p��E liiii ,n,,,, .:; :„, „ . . , 4 Port Burwell 1,441 "glitit1 0 2000 4000 iilim Metres 0 50,00 10000 15000 ► Feet SCALE 1:75 000 , TOWNSHIP OF BAYHAM SCHEDULEIIBII A11ENDMENT NO . 97 a I 5 '�► •L ' , ,, , .. , j � `� 4t, 1,<(\ . , a,5 I: * 1 , 4otkQ I '' cr 'r I e4 S 1 / • CI; I ____ /, • CCI W , • • •• • 1 t •1 • 'a r` — � � - I o � ! -, ' .,g- • II ADDI T I ONAL LANDS ItJr . GAINED BY ,APPLI CA NTda �0 • I • r II •• �.`'.. C . 12 I LOT 13 LOT 14 LOT 15 t1 I 9 r-,...... „ ' '6 0 CONCESSION I I a` ,�. } 1 it 1 �1 �� i7" -/r' ''' � _ / -(;,, \k‘t / . Base Map Source :Ontario Ministry of Natural Resources SUBJECT LANDS • RESIDENTIAL UNIT L1 FARM BUILDINGS WOODLOT4E1} ■ GARAGES/SHEDS/KILNS 0 250m 500m NOTE : This map is for clarification purposes only . Scale: 1:10,000 r ORIGINAL BY-LAW NO . 94-43 AMENDMENT NUMBER 97 TO THE OFFICIAL PLAN OF THE TOWNSHIP OF BAYHAM 34 OP 0158 097 SUBJECT: UNDERHILL ESTATE RESIDENTIAL PART LOT 13, CONCESSION 2 The following text and map schedule constitute Amendment Number 97 to the Official Plan of the Township of Bayham OFFICIAL PLAN OF THE TOWNSHIP OF BAYHAM THE attached text and map schedule constituting Amendment No. 97 to the Official Plan of the Township of Bayham was prepared upon the recommendation of the Township of Bayham Planning Advisory Committee after evaluation of public input pursuant to the provisions of the PLANNING ACT. THIS Amendment was adopted by the Council of the Corporation of the Township of Bayham by By-law No. 94-43, in accordance with Section 17 of the PLANNING ACT, on the 4th day of August, 1994. /01 dr REEVE CLERK CORPORATION OF THE TOWNSHIP OF BAYHAM BY-LAW NO. 94-44 THE Council of the Corporation of the Township of Bayham, in accordance with the provisions of the PLANNING ACT, hereby enacts as follows: 1. THAT Amendment No. 98 to the Official Plan of the Township of Bayham consisting of the attached text and map schedule is hereby adopted. 2. THAT the Clerk is hereby authorized and directed to make application to the Minister of Municipal Affairs for approval of the aforementioned Amendment No. 98 to the Official Plan of the Township of Bayham. 3. THAT no part of this By-law shall come into force and take effect until approved by the Minister of Municipal Affairs. READ A FIRST AND SECOND TIME THIS 4th day of AUGUST, 1994. READ A THIRD TIME AND FINALLY PASSED THIS 4th day of AUGUST, 1994. i /1)//,/ fr. 41 REEVE CLERK CERTIFIED that the above is a true copy of By-law No. 94-44, as enacted and passed by the Council of the Corporation of the Township of Bayham. /64(/ CLERK OFFICIAL PLAN OF THE TOWNSHIP OF BAYHAM AMENDMENT NO. 98 1. PURPOSE The purpose of this Amendment is to change the land use designation on a parcel of land from "Agriculture" to Rural-Estate Residential" in the Official Plan of the Township of Bayham. 2. LOCATION The area affected by this Amendment comprises approximately 0.4 hectare (1 acre) and is situated in Part Lot 114, Concession 6 in the Township of Bayham. 3. BASIS OF THE AMENDMENT The subject lands are situated in an aesthetic setting south of the Little Otter Creek. The property is presently vacant and is heavily wooded. The lot intended to be created will accommodate a seasonal dwelling for use as an artist's studio. Section 4.3.2. of the Official Plan prescribes criteria for the redesignation of land for estate residential purposes. The size, shape and topography of the subject lands, in combination with adjacent existing residential uses and their physical isolation from surrounding agricultural areas results in compliance with the relevant criteria of the Official Plan. After due consideration of the physical characteristics and isolation of the subject lands, Township Council deems it appropriate that the subject lands be removed from the Agricultural designation and placed into a Rural-Estate Residential designation. 4. DETAILS OF THE AMENDMENT i) Schedule 'A' Future Land Use of the Official Plan of the Township of Bayham, is hereby amended by changing from "Agriculture" to "Rural- Estate Residential", those lands shown on the attached Schedule 'A', which schedule shall constitute part of this Amendment. ii) The lands subject to this Amendment and designated "Rural-Estate Residential" may be used, developed and zoned in accordance with the policies of Section 4.3.2 of the Official Plan, Estate-Residential as amended. 1 t 1II�iJ!il .\ SCHEDULE A II Pli • up 4111 ' , �Cofmth OFFICIAL PLAN OF THE gam.= I ., . \ TOWNSHIP OF BAYHAM PPt`�PV I , 11111111/01114, . Illti m Ili . ' FUTURE LAND USE .. WWI 44 1 AMENDMENT No,98 f �) EdenO �' AGRICUtr.irL1pa1II RURAL iiii . '7$��• ��� �1160. /��, c1.1411:11:.,11111SUB CIASSiFICATiONS ii s4 Ut. �.,, f' ESTATE RE IFICATIAL I ' "r 1D 0 b1 MOBILE NOME PARKS F y' )10. '' SEASONAL TRAVEL TRAILER PARKS I f ^� .a CAMPGROUNDS 1 ( ''41 ,.111 R -' RECREATIONAL .; ePUBLIC INTONAL TI 7. ,� ED ` COMMER 1,, ,.., �' NOT! APS'0':meat c1N lots•artaut 1-7. r, Warts nM coUTON d a ROW :'� Iti�lordville .S R II IPA C'L„p,G,TION MO SHOULD NOT tt !f WfM'MTFO TO MOWN ACTIAI AMA I. 41114111 ' ,IfFE„H{f TO l'i TOwNOYI 19 ccvFH•FOwC ra.o IT i*w IMMO III '1 I, i N Two!F011 OfTMJD LIMA OlMIftCAhON .1 L 'I,I 1111 so e kit• HAZARD LANDS Ilk illp . .' ::: 'bal. 4.4 ki,-. ... 1=f.f.:. CONSERVATION LANDS Ill 410, Wan' Prrq ;1''' a MINERAL RESOURCE AREAS Pig :. HAMLETS '�� ` ' (COMMUNITY IMPROVEMENT AREAS) m it ( O PROVINCIAL HIGHWAYS k 1 T IA R ADf1 ., ® AR ER L 0 SImo_ Icaurmr ROADsI 11111411).-4:. Ylenn>t LANDS CHANGED FROM .:. 1 . .-*- . -Fig...1 -I • III ���a 98 AGRICULTURE TO'ESTATE IIII i .1 I RESIDENTIAL R{E7• k ,-il 0 „ .... 4 , „ IN ,i.,.:. .k_.„.:4..41, ec . 0141110 • - • t °'ilifi „ ii 1 1 Port Burwell �c.:.°4 1 4111111111111 1111444011111111111 0 2000 4000 Metres 1111111111 0 5000 10000 15900 - i Feet SCALE 1:75 000 . ♦ % • TOWNSHIP OF BAYHAMSCHEDULE��B" AMENDMENT NO . 98 t /. •i , \ tet/ 2271.0 ti / + _ r V u- ► 209 i j pi) r f - . .. _ .. .._-.. ----y,t )222.0 j/ • ? ` `.{( W220— - ,_-'' 222.0 Doi � � LY.` f., 2i7•S \ �• _ t j i90 A1 LOT 1170, , LOT 113 1 ‘ f Lot 14. LOT 115 . OZ SSTR ! ' -) ° — - I ' ( 'L ADDITIONAL LANDS C'X�4NED BY APPLICANT F85 4 oza \ BIG - -N . ... f - { . . AP, �-�1 8 0 +Q7 ti. C', / SOUTH GORE i ` � / 'i� •(01 `.-•` 226v c 4 ) _J /� i� • p lk• •• • . `,. 1) k , I' 223 S J Z 4 2249 -: ' 223.0 22"_ 3 184 ' �J Base Map Source :Ontario Ministry of Natural Resources II SUBJECT LANDS • RESIDENTIAL UNIT c] FARM BUILDINGS WOODLOT -S ‘. • GARAGES/SHEDS /KILNS 0 250m 500m NOTE :This map is for clarification purposes only. Scale: 1:10.000 ORIGINAL BY-LAV NO . 94-44 AMENDMENT NUMBER 98 TO THE OFFICIAL PLAN OF THE TOWNSHIP OF BAYHAM 24 OP ni " 098 SUBJECT: VANDERPAS ESTATE RESIDENTIAL PART LOT 14, CONCESSION 6 The following text and map schedule constitute Amendment Number 98 to the Official Plan of the Township of Bayham AMENDMENT NO . 98 TO THE OFFICIAL PLAN FOR THE TOWNSHIP OF BAYHAM This Amendment No . 98 to the Township of Bayham which was adopted by the Council of the Corporation of the Township of Bayham is hereby approved under Sections 17 and 21 of the Planning Act . \5'Date . ( ' o cT N 44 / Diana L. Jard ne , M. C . I . P . Director Plans Administration Branch Central and Southwest Ministry of Municipal Affairs • • " OFFICIAL PLAN OF THE TOWNSHIP OF BAYHAM THE attached text and map schedule constituting Amendment No. 98 to the Official Plan of the Township of Bayham was prepared upon the recommendation of the Township of Bayham Planning Advisory Committee after evaluation of public input pursuant to the provisions of the PLANNING ACT. THIS Amendment was adopted by the Council of the Corporation of the Township of Bayham by By-law No. 94-44, in accordance with Section 17 of the PLANNING ACT, on the 4th day of August, 1994. r REEVE CLERK CORPORATION OF THE TOWNSHIP OF BAYHAM BY-LAW NO. 94-45 A BY-LAW TO CONFIRM ALL ACTIONS OF THE COUNCIL OF THE CORPORATION OF THE TOWNSHIP OF BAYHAM AT THE REGULAR MEETING HELD AUGUST 4TH, 1994 WHEREAS under Section 9 of the Municipal Act, R.S.O. 1990 Chapter M.45 the powers of a municipal corporation are to be exercised by the council of the municipality; AND WHEREAS under Section 101 of the Municipal Act the powers of council are to be exercised by by-law; AND WHEREAS the Council of the Corporation of the Township of Bayham deems it advisable that the proceedings of the meeting be confirmed and adopted by by-law. THEREFORE THE COUNCIL OF THE CORPORATION OF THE TOWNSHIP OF BAYHAM ENACTS AS FOLLOWS: 1. THAT the action of the Council of the Corporation of the Township of Bayham in respect of each recommendation and each motion and resolution passed and other action by the Council at its meeting held August 4th, 1994 is hereby adopted and confirmed as if all proceedings were expressly embodied in this by-law. 2. THAT the Reeve and Clerk of the Corporation of the Township of Bayham are hereby authorized and directed to do all things necessary to give effect to the action the Council including executing all documents and affixing the Corporate Seal. READ A FIRST AND SECOND TIME this 4th day of AUGUST, 1994. READ A THIRD TIME AND FINALLY PASSED this 4th day of AUGUST, 1994. REEVE CLERK CORPORATION OF THE TOWNSHIP OF BAYHAM BY-LAW NO. 94-46 • A BY-LAW TO PROVIDE FOR THE MAINTENANCE OF THE ADLER, ARN, BARTLEY, BENNER, BRYANT, CARNES "G", CARRUTHERS, COOMBER "B", "D", "E" AND "G", CROSSETT, DELI, DENNIS, EDEN MAIN, ELLIOT NO. 2, EMERSON "D", FREEMAN STOOP, HAMPTON, HEDGES, JURANICS, KAPIN, KETCHABAW NO. 2, LAUTENSCHLAGER, MEULLER, NEVIL, NO. 1 MAIN, POLLICK, C.E. SMITH NO. 2 AND WINTER DRAINS, SUM OF $18,711.47. WHEREAS The above drains were constructed under the provisions of Drainage Act, and according to the 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 it is 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 the raise the cost of the said repairs and expenses incidental thereto which amount in all to $18,711.47 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 Schedule of Assessments, which said Schedule is a part of this by-law. AND WHEREAS it is deemed expedient to levy the amount in 1994. THEREFORE THE COUNCIL 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 $15,826.46 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, 1994. 2. THAT the sum of $2,244.75 be charged against said roads of the Municipality 3. THAT the sum of $197.97 be charged to the Province of Ontario. 4. THAT the sum of 383.64 be charged to the County of Elgin. By-law No. 94-46 - 2 - 3. THAT the sum of $5,328.47 be charged to the Treasurer of Ontario under the Drain Maintenance Grants Program for repairs to drains serving agricultural lands. READ A FIRST AND SECOND TIME this 25th day of August, 1994 READ A THIRD TIME AND FINALLY PASSED THIS 25th day of August, 1994. e ?S./ [,/jj % REEVE CLERK SCHEDULE OF ASSESSMENTS MUNICIPAL DRAIN MAINTENANCE BY-LAW NO. 94-46 ROLL # REPAIRS GRANTS NET Adler Drain 3-037 529.28 176,41 352.87 Total Adler Drain Repairs 529,28 . 176,41 352,87 Am Drain "A" 4-014 1.51 .51 1.00 3-145 356.07 118.68 237.39 4-010 15.22 5.07 10. 15 3-141 248.95 82.98 165.97 3-140 256.86 85.61 171.25 3-097 29.82 9.94 19.88 3-027 7.61 2.54 5.07 3-023 15.22 5.07 10. 15 Highway No. 19 51 .74 51 .74 Bayham Township 45.65 45.65 Total Am Drain "A" Repairs 1028,65 718.25 Am Drain "B" 4-014 1 .32 1.32 3-145 154.77 51 .54 103.23 4-010 6.61 2.20 4.41 3-141 108.21 36.07 72. 14 Highway No. 19 22,49 22.49 Total Am Drain "A" Repairs 293.40 89.81 203,59 Bartley Drain 5-023 24.53 8. 18 16.35 5-025 31 .67 10.56 21. 10 5-031 44.61 14.87 29.74 5-028 13. 16 13. 16 5-027 6.69 2.23 4.54 5-085 1.56 1.56 5-085-01 26.32 8.76 17.51 5-085-02 20.41 6.80 13.60 Highway No. 3 31 .00 31.00 Elgin County Rd. #44 49.06 49,06 Total Bartley Drain Repairs 249.02 51,40 197.62 Benner Drain 2-093 65. 15 21.71 43.44 2-097 269.23 89.73 179.50 2-098 144.25 48.08 96. 17 2-101 113.67 37.89 75.78 2-103 9.97 3.32 6.65 2-181 19.94 6.64 13.30 2-185 13.30 4.43 8.87 Bayham Roads 55.84 55.84 Total Benner Drain Repairs 691.35 211.80 479,55 SCHEDULE OF ASSESSMENTS MUNICIPAL DRAIN MAINTENANCE BY-LAW NO. 94-46 ROLL # REPAIRS GRANTS NET Bryant Drain 3-062 40.43 13.48 26.95 3-060 11 .72 3.91 7.81 3-112 4.69 4.69 3-113 57.42 19. 14 38.28 3-064 242. 11 80.73 161.48 Bayham Township 166.73 166.73 Total Bryant Drain Repairs 523,20 117,26 405.94 Carnes Drain "G" Branch 3-149 293.89 97.95 195.94 3-150 59.80 19.93 39.87 3-111 311 .38 103.78 207.60 3-112 345.71 115.23 230.48 3-060 17.05 5.68 11.37 3-059 1 . 11 1. 11 3-058 1 . 11 1. 11 3-057 1. 11 1. 11 3-061 41 .85 13.95 27.90 4-053 39.09 13.02 26.07 4-050 19.49 6.50 12.99 3-147 46. 18 15.39 30.79 3-110 31 .67 10.53 21 . 11 3-052 3.32 1.11 2.21 3-062 44.85 14.94 29.91 Bayham Roads 319.60 319.60 Total Carnes Drain "G" Branch Repairs 1 ,577. 18 418.01 1. 159, 17 Carnes Drain 3-149 164.23 54.69 109.54 3-150 125.07 41 .65 83.42 3-111 129.47 43. 15 86.32 3-112 740.86 246.71 494. 15 3-060 34.27 11 .41 22.86 3-059 1.71 1 .71 3-058 1 .71 1 .71 3-057 1 .71 1.71 3-061 86.89 28.93 57.96 Bayham Township Road 291 .26 291.26 Total Carnes Drain Repairs 1 .577. 18 426.54 1 ,150.64 Carruthers Drain 5-132 14.78 4.93 9.85 5-170 59.93 19.97 39.96 5-171 34.89 11 .63 23.26 5-172 30.05 10.02 20.03 Bayham Township 11 . 17 11. 17 SCHEDULE OF ASSESSMENTS MUNICIPAL DRAIN MAINTENANCE BY-LAW NO. 94-46 ROLL # REPAIRS GRANTS NET 17.23 17.23 23. 15 23. 15 South-West Oxford Twp 32.43 10.81 21.62 South-West Oxford Rds 11 , 17 11 . 17 Total Carruthers Drain Repairs 234.80 57.36 177.44 Coomber "B D E G" 5-124 71.56 23.85 47.71 5-125-01 213.64 71.21 142.43 5-125 1.56 .52 1 .04 5-124 11 .41 3.80 7.61 5-125 12.96 4.32 8.64 5-124 1 .04 .35 .69 5-125 66.37 22. 12 44.25 Railway CNR 85.56 85.56 Total Coomber "B D E G" Drain Repairs 464. 10 126. 17 337.93 Crossett Drain 5-117 71 .85 71.85 5-124 47.90 47.90 Bayham Roads 15.96 15.96 Total Crossett Drain Repairs 135.71 135,71 Deli Drain 4-071 276.29 92.09 184.20 4-071 102.62 34.20 68.42 4-072 11.84 3.95 7.89 4-073 217.08 72.35 144.73 4-073 94.73 31.57 63. 16 4-074 3.95 1.32 2.63 4-120 2.37 .79 1.58 4-122 23.68 7.89 15.79 4-123 378.91 126.29 252.62 4-125 565.20 188.38 376.82 4-128 118.41 39.47 78.94 4-129 3.95 1.32 2.63 Elgin Cty Rd 138. 13 138. 13 Bayham Twp 457.85 457,85 Total Deli Drain Repairs 2,395.01 599,62 1:795,39 Dennis Drain "A" 3-047 75. 14 25.02 50. 12 3-050 9.63 3.21 6.42 3-098 1.93 .64 1.29 3-100 4.62 1.54 3.08 3-099 .39 .39 SCHEDULE OF ASSESSMENTS MUNICIPAL DRAIN MAINTENANCE BY-LAW NO. 94-46 ROLL # REPAIRS GRANTS NET 3-101 .39 .39 3-102 .39 .39 3-103 .39 . .39 3-105 .39 .39 3-106 .39 .39 3-107 .39 .39 3-108 .39 .39 3-109 68.59 22.84 45.75 3-143 1 .93 1 .93 3-109 3.46 1. 15 2.31 3-109-01 1.93 1.93 3-141 2.31 .77 1 .54 3-145 13.49 4.49 9.00 3-109 134.87 44.90 89.96 3-110 2.31 .77 1 .54 3-147 58. 18 19.38 38.80 4-053 10.02 3.34 6.68 C.P.R. 11.15 11. 15 Highway No. 19 22.35 22.35 Bayham Roads 114,06 114,06 Total Dennis Drain "A" Repairs 539.08 128.05 411,03 Dennis Drain "B" 3-147 261 .91 87.29 174.62 4-053 45. 10 15.03 30.07 C.P.R. 50.30 50,30 Total Dennis Drain "B" Repairs 357.31 102.32 254.99 Eden Main Drain 6-190-02 2. 12 2. 12 6-184 5.45 5.45 6-183 3.86 3.86 6-182 2.81 2.81 6-197-02 7.38 2.46 4.92 6-198 2.46 2.46 C.P.R. 10.55 10.55 M.T.O. 70.33 70,33 Total Eden Main Drain Repairs 113.40 108, 13 Elliott No. 1 Drain 6-176 .50 .50 5-174 37.45 12.47 24.98 5-173 56. 14 18.70 37.44 5-172 7.41 2.47 4.94 5-169 1 .65 .55 1 . 10 9-016-05 .83 .22 .55 C.N.R. .88 .88 Bayham Roads 30.78 30.78 1 - SCHEDULE OF ASSESSMENTS MUNICIPAL DRAIN MAINTENANCE BY-LAW NO. 94-46 ROLL # REPAIRS GRANTS NET Total Elliott No. 1 Drain Repairs 135.58 34.41 161.41 Elliot No. 2 Drain 5-136 67.06 22.33 44.73 5-141 65. 11 21.68 43.43 5-149 46.65 15.53 31 . 12 C.N.R. 6.32 6.32 Bayham Roads 131 .20 131 .20 Total Elliott No. 2 Drain Repairs 316,34 59,54 256.80 Emerson Drain "D" Branch 2-098 249. 15 82.97 166. 18 2-097 17. 15 5.71 11.45 2-102 47,66 15.87 31 ,79 Total Emerson Drain "D" Branch Repairs 313.96 104.55 209.42 Freeman Stoop Drain "A" 5-137 12.35 4. 12 8.23 5-135 50.75 16.90 33.85 5-134 94.74 31.55 63. 19 5-133 44,59 14,85 29,74 i Total Freeman Stoop Drain "A" Repairs 202.43 67.42 135.01 Freeman Stoop Drain "B" 5-137 6.55 2. 18 4.37 5-135 26.92 • 8.96 17.96 5-134 50.25 16.75 33.50 5-133 23.65 7.88 15.77 5-131 42. 19 14.05 28. 14 Bayham Road 9,49 9.49 Total Freeman Stoop Drain "B" Repairs 159.05 49.82 109.23 Hampton Drain 3-095 691 .81 230.37 461 .44 3-096 722.09 240.46 481.63 3-137 1,111. 12 370.00 741.12 Bayham Roads 708,78 708.78 Total Hampton Drain Repairs 3.233,80 840.83 2392.97 Hedges Drain 3-084 29.43 9.81 19.62 3-124 94. 17 31 .39 62.78 3-128 55.92 18.64 37.28 Bayham Roads 32.37 32.37 Total Hedges Drain Repairs 211.89 59.84 152.05 SCHEDULE OF ASSESSMENTS MUNICIPAL DRAIN MAINTENANCE BY-LAW NO. 94-46 ROLL # REPAIRS GRANTS NET Juranics Drain 3-065 206.67 68.82 137.85 3-063 78.90 26.28 52.62 Bayham Roads 63,46 63,46 Total Juranics Drain Repairs 349.03 95. 10 253,93 Kapin Drain County of Elgin 18.95 18.95 Total Smith Drain Repairs 18,95 18.95 Ketchabaw #2 Drain "A" 6-037 76.96 25.63 51.33 6-042 10. 17 3,39 6.78 Total Ketchabaw #2 Drain "A" Repairs 87. 13 29.02 58. 11 Ketchabaw #2 Drain "B" 6-008-05 39.34 13. 10 26.24 6-009 1 .75 .58 1 . 17 6-015 4.95 1 .65 3.30 6-015 3.95 1.32 2.63 6-015 1 .94 .64 1.30 6-036 2.64 .88 1 .76 6-037 6.56 2. 18 4.38 6-042-05 1 .32 .44 .88 6-040 .43 . 14 .29 Bayham Roads 9, 18 9. 18 Total Ketchabaw #2 Drain "B" Repairs 72,06 20,93 51 , 13 Lautenschlager 3-132 60.35 20. 10 40.25 3-131 136.68 45.51 91 . 17 3-129 33.64 11 .20 22.44 3-128 100.92 33.61 67.31 3-130 1 .69 .56 1 . 13 Elgin County Road 6.84 6.84 Houghton 3. 13 1 .04 2.09 Norfolk 11 .92 3.98 7.95 Total Swance Drain Repairs 355. 17 115.00 239. 18 Meuller Drain 5-117 116.77 38.92 77.85 5-116 7.01 7.01 5-115 7.01 7.01 5-110 4.67 4.67 5-112 1. 17 1. 17 5-112 1. 17 1.17 ineww SCHEDULE OF ASSESSMENTS MUNICIPAL DRAIN MAINTENANCE BY-LAW NO. 94-46 ROLL # REPAPtS GRANTS NET 5-122 191.51 63.83 127.68 5-120 2.33 • 2.33 5-121 2.33 2.33 County of Elgin 30.92 30.92 C.N.R. 4.67 4,67 Total Meuller Drain Repairs 369.56 102.75 266.81 Nevil Drain 1-059 328.55 109.41 219. 14 1-061 459.97 153.31 306.66 1-057 - 109,51 36,50 73,01 Total Nevil Drain Repairs 898.03 299.22 598,81 No. 1 Drain 4-050 216.25 72.01 144.24 4-049 2.21 .74 1.47 4-061 295.26 98.32 196.94 4-062 .44 .44 4-061 306.77 102. 16 204.61 4-064 40.28 13.41 26.87 4-066 10.62 3.54 7.08 4-104 2.66 .88 1 .78 4-107 143.87 47.91 95.96 4-110 199.64 66.48 133. 16 4-115 108.90 108.90 4-114 .44 .44 4-113 .44 .44 4-116 26.78 8.92 17.86 Elgin County Roads 19.92 19.92 Bayham Roads 19.96 19.96 4-104 11.06 3.85 7.21 4-107 11 .06 3.85 7.21 4-061 6.64 2.21 4.43 4-060 .44 .44 4-059 .44 .44 4-058 .44 .44 4-057 .44 .44 4-055 .44 .44 4-054 .44 .44 Total No. 1 Main Drain 1 ,425,84 424.28 1 ,001 .56 Pollick Drain 3-080 2.57 .86 1 .71 3-083 28.32 9.44 18.88 3-082 64. 17 21.37 42.80 2-186 6.73 2.24 4.49 2-187 32.28 10.76 21.52 SCHEDULE OF ASSESSMENTS MUNICIPAL DRAIN MAINTENANCE BY-LAW NO. 94-46 ROLL # REPAIRS GRANTS NET 2-189 78.62 26. 18 52.44 2-188 190.32 • 63.43 126.89 2-189 184.48 61 .47 123. 11 2-191 265.38 88.45 176.93 2-192 19.61 6.54 13.07 2-192 2.57 .86 1.71 2-190 5.55 1 .85 3.70 Elgin County Road #45 114.87 114.87 3-069 1.39 .46 .93 3-073 8.52 2.84 5.68 2-180 3. 17 1 .06 2. 11 2-183 25.35 8.44 16.91 2-186 17.82 5.93 11.89 2-189 16.44 5.48 10.96 2-187 1.39 .46 .93 3-083 1 . 19 .40 .79 3-082 2.57 .86 1 .71 2-188 26.74 8.90 17.84 2-189 9.51 3. 17 6.34 2-191 16.04 5.35 10.69 2-192 6.34 2. 11 4.23 2-192 4. 16 1.39 2.77 County Road #45 4.95 4.95 2-181 3.96 1 .32 2.64 2-185 6.73 2.24 4.49 2-190 56,64 18.88 37,76 1,208.46 362,74 845.74 C.E. Smith Drain Branch 2 5-124 19.63 6.54 13.09 5-125 8.73 2.91 5.82 Bayham Township Roads 13.57 13,57 Total C.E. Smith Drain Branch 2 Repairs 41 ,93 9,45 32.48 Winter Drain 1-080 44.63 14.86 29.77 1-073 15.53 5. 17 10.36 1-127 149.44 49.76 99.68 1-126 9.70 3.23 6.47 Bayham Township 97.04 97,04 Total Winter Drain Repairs 316,34 73,02 243.32 CORPORATION OF THE TOWNSHIP OF BAYHAM BY-LAW NO. 94-47 A BY-LAW TO CONFIRM ALL ACTIONS OF THE COUNCIL OF THE CORPORATION OF THE TOWNSHIP OF BAYHAM AT THE REGULAR MEETING HELD AUGUST 25TH, 1994 WHEREAS under Section 9 of the Municipal Act, R.S.O. 1990 Chapter M.45 the powers of a municipal corporation are to be exercised by the council of the municipality; AND WHEREAS under Section 101 of the Municipal Act the powers of council are to be exercised by by-law; AND WHEREAS the Council of the Corporation of the Township of Bayham deems it advisable that the proceedings of the meeting be confirmed and adopted by by-law. THEREFORE THE COUNCIL OF THE CORPORATION OF THE TOWNSHIP OF BAYHAM ENACTS AS FOLLOWS: 1. THAT the action of the Council of the Corporation of the Township of Bayham in respect of each recommendation and each motion and resolution passed and other action by the Council at its meeting held August 25th, .is hereby adopted and confirmed as if all proceedings were expressly embodied in this by-law. 2. THAT the Reeve and Clerk of the Corporation of the Township of Bayham are hereby authorized and directed to do all things necessary to give effect to the action the Council including executing all documents and affixing the Corporate Seal. READ A FIRST AND SECOND TIME this 25th day of AUGUST, 1994. READ A THIRD TIME AND FINALLY PASSED this 25th day of AUGUST, 1994. 10/11 REEVE CLERK CORPORATION OF THE TOWNSHIP OF BAYHAM BY-LAW NO. 94-48 THE Council of the Corporation of the Township of Bayham, in accordance with the provisions of the PLANNING ACT, hereby enacts as follows: 1. THAT Amendment No. 99 to the Official Plan of the Township of Bayham consisting of the attached text and map schedule is hereby adopted. 2. THAT the Clerk is hereby authorized and directed to make application to the Minister of Municipal Affairs for approval of the aforementioned Amendment No. 99 to the Official Plan of the Township of Bayham. 3. THAT no part of this By-law shall come into force and take effect until approved by the Minister of Municipal Affairs. READ A FIRST AND SECOND TIME THIS 1st day of SEPTEMBER, 1994. READ A THIRD TIME AND FINALLY PASSED THIS 1st day of SEPTEMBER, 1994. _,00" 4„6 LaiStei/V REEVE CLERK CERTIFIED that the above is a true copy of By-law No. 94-48, as enacted and passed by the Council of the Corporation of the Township of Bayham. CLERK OFFICIAL PLAN OF THE TOWNSHIP OF BAYHAM AMENDMENT NO. 99 1. PURPOSE The purpose of this Amendment is to change the land use designation on a parcel of land from "Hazard Lands" to "Rural-Estate Residential" in the Official Plan of the Township of Bayham. 2. LOCATION The area affected by this Amendment comprises approximately 3.5 hectares (8.7 acres) and is situated on the south side of the Road Allowance between Concessions 3 and 4. 3. BASIS OF THE AMENDMENT The subject lands are proposed to be severed to create four estate residential lots. Each lot would be approximately 0.8 hectare (2 acres) in size. The proposed lots are heavily wooded and they are physically separated from a larger farm holding and other agricultural lands by a creek and open space system. The wooded nature of the subject lands in conjunction with their size, shape and situation severely hinders any agricultural potential on these lands. Section 4.3.2. of the Official Plan provides criteria for the redesignation of land for estate residential purposes. The proposed redesignation and severances on the subject lands are in accordance with these criteria. The subject lands are situated in an aesthetic setting on the north side of a tributary to the Big Otter Creek. Part of the retained property is occupied by a farm dwelling and farm buildings. Although most of the surrounding lands are agricultural in nature (tobacco), there are significant tracts of natural open space associated with the Creek system adjacent to two sides of the subject lands. - 2 - The rear portion of these lands are within a flood sensitive area as determined by the Long Point Region Conservation Authority. Development must meet appropriate flood proofing measures and the fill line guidelines prescribed by the Conservation Authority. These development restrictions will be implemented by a Zoning By-law Amendment. 4. DETAILS OF THE AMENDMENT i) Schedule 'A' Future Land Use of the Official Plan of the Township of Bayham, is hereby amended by changing from "Hazard Lands" to "Rural- Estate Residential", those lands indicated in black on the attached Schedule 'A', which schedule shall constitute part of this Amendment. ii) The lands subject to this Amendment and designated "Rural-Estate Residential" may be used, developed and zoned in accordance with the policies of Section 4.3.2 of the Official Plan, Estate-Residential as amended, and Section 4.4.8 Valley Walls and Top of Bank. • . • -..•■lr SCHEDULE A - - ill orinthi (Ilgill:le , OFFICIAL PLAN OF THE ;> 1 ,,+r TOWNSHIP OF BAYHAM p► ,N{.� rtpr 6,411 � P ,iti b 1:4 :AA ., CD ;;;: FUTURE LAND USE 4 4 F . ` AMENDMENT No. 99 1 e� ,l �• I f' 99 Lands changed from MI :0 ' ;� A 'Hazard Lands to 1 ,.. 0‘.`-' ,,„. .4. >�� 0 V 'p ,\ 'Rural Estate Residential' r.1. - I I 9 Eden AGRICULTURE tta 118 . Pr011Or NAM 110 a RURAL `," 0 11 ' lipr'� �""' SUB CLASSIFICATIONS geek 141 - � ,,,o ,at to 11 ESTATE RESIDENTIAL '41( MOBILE NOME PARKS �° #, 1: • T SEASONAL TRAVEL TRAILER PARKS v NO CAMPGI%ONAL !P 4 � S T R � RECREATIONAL ::: X14ali ,/,,, C! PUBUC III 1 !n) INDUSTRIAL ;, 11 ' ��//� Note AN•O'atPea ON ttms 9C*X .E Iraffardviile S T RMOW ►IDEPOWIES �ATONA LOCATION W 0 NOT d TIE MEIIMETEo TO 11EPlESENT ACTUAL AREA NUEItENCE TO INF IOWNl1M! t 19 > rowncNENsrE ramp*Iry LAW SHOULD *�. 3 111 BE MADE FOR°ETA&EO AREA iOENTWCATION tlil ,,,'; h p is rill [ Y ` HAZARD LANDS h .k ISO . e . - L. ' Pifia M.:* CONSERVATION LANDS �"4 por 0iz ! ': •�• " MINERAL RESOURCE AREAS 111111 Caton' l a AIN HAMLETS g) ' f Ili 1° . � � ® {COMMUNITY IMPROVEMENT AREAS} 1 0 PROVINCIAL HIGHWAYS itilki::: It. 1 ,,41111111.111 GB ARTERIAL ROADS •: :#1 �� �� Iii (COUNTY ROADS) NINE II t1lip!"; ® 99 � t, '' � dirailloulei...110 • I .3 fey • ';',... Illi 11P. Ill' ;:.;:.... : M II I P*140r. '. it„ V;::! r ok_ ,t ,,,Pru ' a`rimr. oil ) iz;, .,:: -. 4 Port Burwell tQli 4111111111111111 .111111111111441111111111 0 2000 4000 Metres It 0 5000 10000 15000 1 Feet SCALE 1:75 000 . . • TOWNSHIP OF BAYHAM SCHEDULE "BII AMENDMENT NO . 99 1. u / 2,60 •. /, , rr _I J • 'ice , .. i 1CONçSSN 4 � � .__ , , / _ _ ) . vim'`-� �I i / . • „sC ti a / --,._ .- o• `% _ M• • ✓am -- ,-- _ •,. _II pam_ 13 J11. ) -- 1, "Erl v . . / o / 1 • . ..•° _LOT 11t) i ,L'OT 12 ' . LOT 13 LOT 2114 ,• 1 • . . / ` i I .. •.`. 2�G i I. 2•a 0 CONCESS I Oti 3 / i it _ • ----r----1 _. . II _ e' 30 it 080 fi / --`` \Com H t , /, / 1 ,; ni , c ii / Base Map Source :Ontario Ministry of Natural Resources ISUBJECT LANDS I • RESIDENTIAL UNIT d FARM BUILDINGS44. WOODLOT • GARAGES/SHEDS/KILNS 0 250m 500m NOTE :This map is for clarification purposes only . Scale: 1:10.000 it BY-LAW AMENDMENT NUMBER 99 TO THE OFFICIAL PLAN OF THE TOWNSHIP OF BAYHAM SUBJECT: EMERSON ESTATE RESIDENTIAL PART LOT 13, CONCESSION 3 ROLL NO. 2-04500 The following text and map schedule constitute Amendment Number 99 to the Official Plan of the Township of Bayham OFFICIAL PLAN OF THE TOWNSHIP OF BAYHAM THE attached text and map schedule constituting Amendment No. 99 to the Official Plan of the Township of Bayham was prepared upon the recommendation of the Township of Bayham Planning Advisory Committee after evaluation of public input pursuant to the provisions of the PLANNING ACT. THIS Amendment was adopted by the Council of the Corporation of the Township of Bayham by By-law No. 94-48, in accordance with Section 17 of the PLANNING ACT, on the 1st day of September, 1994. tik / age" :3) iir/, cam- . L� REEVE CLERK CORPORATION OF THE TOWNSHIP OF BAYHAM BY-LAW NO. 94-49 BEING A BY-LAW TO AUTHORIZE AN AGREEMENT WITH THE CORPORATION OF THE TOWNSHIP OF NORFOLK FOR MAINTENANCE OF THE FASSEEL DRAIN WHEREAS the Township of Bayham and the Township of Norfolk are desirous of entering into an agreement whereby the Township of Norfolk agrees to include the Fasseel Drain in the regular drain maintenance program of the Township of Norfolk. AND WHEREAS it is deemed necessary to enter into said Agreement with the Township of Norfolk for the maintenance of the Fasseel Drain. THEREFORE THE COUNCIL OF THE CORPORATION OF THE TOWNSHIP OF BAYHAM ENACTS AS FOLLOWS. 1. THAT the Reeve and Clerk be and are hereby authorized to execute an Agreement with the Township of Norfolk for the maintenance of the Fasseel Drain. 2. THAT the said Agreement is attached hereto as Schedule 'A' and forms a part of this by-law. 3. THAT this by-law shall come into full force upon final passing. READ A FIRST AND SECOND TIME this 1st day of SEPTEMBER 1994. READ A THIRD TIME AND FINALLY PASSED this 1st day of SEPTEMBER. /0(ii014, yri REEVE CLERK SCHEDULE "A" THIS AGREEMENT made in duplicate this 1st day of September, 1994. BETWEEN: THE CORPORATION OF THE TOWNSHIP OF NORFOLK and THE CORPORATION OF THE TOWNSHIP OF BAYHAM THE parties hereto mutually agree as follows: 1 . The Township of Norfolk agrees to include the Fasseel Drain in it's regular maintenance program, thereby responsible for the maintenance of the open-ditch portion of the municipal drain within the boundaries of the Township of Bayham. 2. This agreement shall continue in force annually until such time that either party wishes to alter, change or discontinue the agreement and contents thereof. IN WITNESS WHEREOF the parties hereto have affixed their Corporate Seals attested by the hands of their proper officers. TOWNSHIP OF NORFOLK TOWNSHIP OF BAYHAM MAYOR REEVE ,f CLERK CLE• DRAINAGE SUPERINTENDENT DRAIN G UPE NTENDENT 4,11) 17,2 r. 01121-f C1P\9 0 Tri-JA ` o c r LP @x R- (-6) ELKREor P O BOX 128. LANGTON. ONTARIO NOE 1G0 TEL: 519 - 875-4485 FAX TEL: 519 - 875-4789 September 29, 1994 Township of Bayham P.O. Box 160 Straffordville, Ontario NOJ 1Y0 Attention: Dwayne Daniel, Drainage Superintendent Dear Sir: Re: Fasseel Drain Please find enclosed 2 fully executed copies of an agreement for the maintenance and cleanout of the Fasseel Drain. If you require any further information, please do not hesitate to call. Yours truly, "co7vitzt)Atiref Donna Gedye (Mrs.) Deputy Clerk DG:is Ends. - 2 p.c. Peter Bryan-Pulham, Drainage Superintendent SCHEDULE "A" THIS AGREEMENT made in duplicate this 1st day of September, 1994. BETWEEN: THE CORPORATION OF THE TOWNSHIP OF NORFOLK and THE CORPORATION OF THE TOWNSHIP OF BAYHAM THE parties hereto mutually agree as follows: 1 . The Township of Norfolk agrees to include the Fasseel Drain in it's regular maintenance program, thereby responsible for the maintenance of the open-ditch portion of the municipal drain within the boundaries of the Township of Bayham. 2. This agreement shall continue in force annually until such time that either party wishes to alter, change or discontinue the agreement and contents thereof. IN WITNESS WHEREOF the parties hereto have affixed their Corporate Seals attested by the hands of their proper officers. TOWNSHIP OF NORFOLK TOWNSHIP OF BAYHAM 44110r • /; „ MAYOR REEVE /01 CLERK . - CLERK D ' A . PERINT a ' NT DRAIAra-SUP ' ENDEIIP SCHEDULE "A" THIS AGREEMENT made in duplicate this 1st day of September, 1994. BETWEEN: THE CORPORATION OF THE TOWNSHIP. OF NORFOLK and THE CORPORATION OF THE TOWNSHIP OF BAYHAM THE parties hereto mutually agree as follows: 1 . The Township of Norfolk agrees to include the Fasseel Drain in it's regular maintenance program, thereby responsible for the maintenance of the open-ditch portion of the municipal drain within the boundaries of the Township of Bayham. 2. This agreement shall continue in force annually until such time that either party wishes to alter, change or discontinue the agreement and contents thereof. IN WITNESS WHEREOF the parties hereto have affixed their Corporate Seals attested by the hands of their proper officers. TOWNSHIP OF NORFOLK TOWNSHIP OF BAYHAM 411111" -4e. ;?!V!,, ate414„LQL, ____...../. ..... .-.. MAYOR REEVE .),.),,) a\ca.x.s.sx_,s_______ I /ii /i/ 4 CLE :.;2/ CLE'. 224. ic;r46 -/4 --"?' .: qt INAGE S 'ERINTE NT DRAIN • G SUP NTENDENT CORPORATION OF THE TOWNSHIP OF BAYHAM BY-LAW NO. 94-50 A BY-LAW TO CONFIRM ALL ACTIONS OF THE COUNCIL OF THE CORPORATION OF THE TOWNSHIP OF BAYHAM AT THE REGULAR MEETING HELD SEPTEMBER 1ST, 1994 WHEREAS under Section 9 of the Municipal Act, R.S.O. 1990 Chapter M.45 the powers of a municipal corporation are to be exercised by the council of the municipality; AND WHEREAS under Section 101 of the Municipal Act the powers of council are to be exercised by by-law; AND WHEREAS the Council of the Corporation of the Township of Bayham deems it • advisable that the proceedings of the meeting be confirmed and adopted by by-law. THEREFORE THE COUNCIL OF THE CORPORATION OF THE TOWNSHIP OF BAYHAM ENACTS AS FOLLOWS: 1. THAT the action of the Council of the Corporation of the Township of Bayham in respect of each recommendation and each motion and resolution passed and other action by the Council at its meeting held September 1st, 1994 is hereby adopted and confirmed as if all proceedings were expressly embodied in this by-law. 2. THAT the Reeve and Clerk of the Corporation of the Township of Bayham are hereby authorized and directed to do all things necessary to give effect to the action the Council including executing all documents and affixing the Corporate Seal. READ A FIRST AND SECOND TIME this 1st day of SEPTEMBER, 1994. READ A THIRD TIME AND FINALLY PASSED this 1st day of SEPTEMBER, 1994. 0,440/ REEVE CLERK CORPORATION OF THE TOWNSHIP OF BAYHAM BY-LAW NO. 94-51 BEING A BY-LAW TO AUTHORIZE THE CONSTRUCTION OF WATER WORKS IN THE TOWNSHIP OF BAYHAM PURSUANT TO SECTION 2 OF THE PUBLIC UTILITIES ACT, CHAPTER P.52, R.S.O. 1990 AND PARAGRAPH 210(58) OF THE MUNICIPAL ACT, CHAPTER M.45, R.S.O. 1990 AS AMENDED; AND TO AUTHORIZE THE FINANCING OF THE WATER WORKS BY THE ISSUANCE OF DEBENTURES OR BY A FIXED-TERM CAPITAL LOAN BY THE MUNICIPALITY FOR THE UNFINANCED PORTION OF THE WATER WORKS PURSUANT TO SECTIONS 140 AND 210(58) OF THE MUNICIPAL ACT, CHAPTER M.45, R.S.O 1990 AS AMENDED. WHEREAS it is deemed necessary, desirable, expedient and in the public interest by the Council of the Township of Bayham (the "Municipality") to commence construction of water works (the "Works") to provide water service to Water Service Area 1 in the Municipality; AND WHEREAS an engineering study and professional opinion have been received with respect to the necessity, existing and proposed utilization, design criteria, and related matters regarding the Works and the said study has been reviewed by the Council of the Municipality; AND WHEREAS the Municipality intends to issue debentures or a fixed-term capital loan in connection with the financing of the net capital cost of the Works; • AND WHEREAS the financial obligation (debentures) to be issued will not exceed the limits prescribed under the Municipal Act, Chapter M.45, R.S.O. 1990, Section 147(4); THEREFORE THE COUNCIL OF THE CORPORATION OF THE TOWNSHIP OF BAYHAM ENACTS AS FOLLOWS: 1. THAT the construction of the Works which are more particularly described in Schedule "A" attached hereto is hereby authorized at an estimated cost of $140,000. 2. THAT the Municipality's portion of the capital cost be raised through the general mill rate in 1994. 3. THAT cost of the Works to be assessed to the benefitting property owners be raised by the issuance of debentures or a fixed-term capital loan for a total amount not exceeding $60,000 to be amortized over a term not exceeding 10 years and to bear interest at such rate as Council may determine. 4. THAT the firm of Cyril J. Demeyere Limited the ("Consulting Engineer"), on behalf of the Municipality, prepare plans, profiles, specifications and such other information as may be necessary for inviting tenders to carry out the construction of the Works. 5. THAT the Municipality, is hereby authorized to invite tenders for carrying out the construction of the Works in accordance with the plans, profiles, specifications and other information prepared under clause 4 of this by-law. 6. THAT the work shall be carried out under the supervision of that Consulting Engineer as agent for the Municipality in accordance with standard engineering practices. By-law No. 94-30 -2- 7. THAT the Municipality shall by resolution accept the tender or tenders of a person or persons, firm or firms, corporation or corporations as may be acceptable to Council and authorize the Reeve and Clerk to enter into and execute a contract on behalf of the Municipality before any construction is carried out, based on and in accordance with the terms an conditions of the tender or tenders accepted. 8. THAT the Reeve and Treasurer are hereby authorized to secure temporary advances from the Municipality's bank as required to meet the cost of the Works, pending completion of the project. 9. THAT special water rates shall be established by by-laws to pay the capital costs incurred by the Municipality for the Works including all connections thereto on a rateable basis in accordance with the enactments authorizing the same. 10. THAT this by-law, shall come into full force and effect upon final passing. READ A FIRST AND SECOND TIME this 15th day of SEPTEMBER, 1994. READ A THIRD TIME AND FINALLY PASSED this 15th day of SEPTEMBER, 1994. AN. er REEVE CLERK CORPORATION OF THE TOWNSHIP OF BAYHAM BY-LAW NO. 94-52 • A BY-LAW TO REPEAL BY-LAW NO. 94-12 AND TO AMEND BY-LAW NO. 93-6 WHEREAS By-law No. 94-12, to appoint Ben Vandevyvere as Transfer Site Operator was passed by the Council of the Corporation of the Township of Bayham on February 17, 1994; AND WHEREAS operation of the Transfer Station has been assumed by Green Lane Environmental Group Limited by-law 94-25; AND WHEREAS the services of Ben Vandevyvere are no longer required. THEREFORE THE COUNCIL OF THE CORPORATION OF THE TOWNSHIP OF BAYHAM ENACTS AS FOLLOWS: 1. THAT By-law No. 94-12 as passed by the Council of the Corporation of the Township of Bayham on February 17, 1994, is hereby repealed. 2. THAT By-law No. 93-6 is hereby amended by deleting Section 1 .24 in its entirety. 3. THAT this by-law comes info full force and effect upon final passing. READ A FIRST AND SECOND TIME this 15th day of SEPTEMBER, 1994. READ A THIRD TIME AND FINALLY PASSED this 15th day of SEPTEMBER, 1994. ese---257 /()//1/ /1# 40r REEVE CLERK CORPORATION OF THE TOWNSHIP OF BAYHAM BY-LAW NO. 94-53 A BY-LAW TO CONFIRM ALL ACTIONS OF THE COUNCIL OF THE CORPORATION OF THE TOWNSHIP OF BAYHAM AT THE REGULAR MEETING HELD SEPTEMBER 15TH, 1994 WHEREAS under Section 9 of the Municipal Act, R.S.O. 1990 Chapter M.45 the powers of a municipal corporation are to be exercised by the council of the municipality; AND WHEREAS under Section 101 of the Municipal Act the powers of council are to be exercised by by-law; AND WHEREAS the Council of the Corporation of the Township of Bayham deems it advisable that the proceedings of the meeting be confirmed and adopted by by-law. THEREFORE THE COUNCIL OF THE CORPORATION OF THE TOWNSHIP OF BAYHAM ENACTS AS FOLLOWS: 1. THAT the action of the Council of the Corporation of the Township of Bayham in respect of each recommendation and each motion and resolution passed and other action by the Council at its meeting held September 15th, 1994 is hereby adopted and confirmed as if all proceedings were expressly embodied in this by-law. 2. THAT the Reeve and Clerk of the Corporation of the Township of Bayham are hereby authorized and directed to do all things necessary to give effect to the action the Council including executing all documents and affixing the Corporate Seal. READ A FIRST AND SECOND TIME this 15th day of SEPTEMBER, 1994. READ A THIRD TIME AND FINALLY PASSED this 15th day of SEPTEMBER, 1994. v ----�--� i<&a/ �f i REEVE CLERK CORPORATION OF THE TOWNSHIP OF BAYHAM BY-LAW NO. 94-54 A BY-LAW TO AUTHORIZE THE PURCHASE OF LAND COMPRISING LOTS 16 & 17, SOUTH OF FOURTH STREET AND LOTS 12 & 13, NORTH OF THIRD STREET, PLAN 205 AND FURTHER DESCRIBED AS PART 1 OF REFERENCE PLAN 11R-5812 WHEREAS the Council of the Township of Bayham has determined land is required to construct a new firehall; AND WHEREAS the Council of the Township of Bayham made an offer of to Thirty Thousand dollars ($30,000) to Soreny Farms Limited for the purchase of Lots 16 & 17, South of Fourth Street and Lots 12 & 13, North of Third Street, Plan 205; AND WHEREAS Soreny Farms Limited has accepted the offer of the Township of Bayham on September 30, 1994 to close on January 6, 1995. AND WHEREAS the Council of the Township of Bayham deems it necessary to approve the aforesaid purchase by by-law. THEREFORE THE COUNCIL OF THE CORPORATION OF THE TOWNSHIP OF BAYHAM ENACTS AS FOLLOWS: 1. THAT the Council of the Township of Bayham authorize the Reeve and Clerk to execute such documents as may be necessary to provide for the purchase of property at Lots 16 & 17, South of Fourth Street and Lots 12 & 13, North of Third Street, Plan 205 and further described as Part 1 of Reference Plan 11R-5812 from Soreny Farms Limited. 2. THAT the purchase price be Thirty Thousand Dollars ($30,000) payable on January 6, 1995, subject to adjustments as outlined in the Agreement of Purchase and Sale attached hereto as Schedule "A". 3. THAT said Agreement of Purchase and Sale is attached hereto as Schedule "A" and forms part of this by-law. READ A FIRST AND SECOND TIME this 28th day of SEPTEMBER, 1994. READ A THIRD TIME AND FINALLY PASSED this 28th day of SEPTEMBER, 1994. Laiiej REEVE CLERK CORPORATION OF THE TOWNSHIP OF BAYHAM BY-LAW NO. 94-54 A BY-LAW TO AUTHORIZE THE PURCHASE OF LAND COMPRISING LOTS 16 & 17, SOUTH OF FOURTH STREET AND LOTS 12 & 13, NORTH OF THIRD STREET, PLAN 205 WHEREAS the Council of the Township of Bayham has determined land is required to construct a new firehall; AND WHEREAS the Council of the Township of Bayham made an offer of to Thirty Thousand dollars ($30,000) to Soreny Farms Limited for the purchase of Lots 16 & 17, South of Fourth Street and Lots 12 & 13, North of Third Street, Plan 205; AND WHEREAS Soreny Farms Limited has accepted the offer of the Township of Bayham on September 30, 1994 to close on January 6, 1995. AND WHEREAS the Council of the Township of Bayham deems it necessary to approve the aforesaid purchase by by-law. THEREFORE THE COUNCIL OF THE CORPORATION OF THE TOWNSHIP OF BAYHAM ENACTS AS FOLLOWS: 1. THAT the Council of the Township of Bayham authorize the Reeve and Clerk to execute such documents as may be necessary to provide for the purchase of property at Lots 16 & 17, South of Fourth Street and Lots 12 & 13, North of Third Street, Plan 205 and further described as Part of Reference Plan 11R- from Soreny Farms Limited. 2. THAT the purchase price be Thirty Thousand Dollars ($30,000) payable on January 6, 1995, subject to adjustments as outlined in the Agreement of Purchase and Sale attached hereto as Schedule "A". 3. THAT said Agreement of Purchase and Sale is attached hereto as Schedule "A" and forms part of this by-law. READ A FIRST AND SECOND TIME this 28th day of SEPTEMBER, 1994. READ A THIRD TIME AND FINALLY PASSED this 28th day of SEPTEMBER, 1994. 9 di •/ a/ 1 °I REEVE CLERK !NI 114 TARIO REAL ESTATE ASSOCIATIfit AGREEMENT OF PURCHASE AND SALE I 1 REALTOR REALTOR PURCHASER, The Corporation of th .Townghia-.), .p. , .Blybd l , offers to buy from VENDOR, Soreny Farms Limited If+X4X441 ,04 X4Q, the (LISTING BROKER) (SELLING BROKER) following PROPERTY: fronting on the side of known municipally as in the . . . . Township of . . . .Ra.y.h,am and having a frontage of 132 ft more or less by a depth of more or less and described as Lot.s. . 12. . anr3. .1.3. .nor.th. .of . .Third . .Str.eet axld. . .$ i). .o Street ,. . P.1an . .205,R . .Str.af .ordville ,. . Tw.p... . .of . .5aybam,R . .Co,. . Q . . . atgCMRCHASEPRICEOF Thirty Thousand Canadian Dollars (SCan 30 , 000 . 00 ) on the following terms: I. Purchaser submits with this offer . N].1. Dollars (S . Nil ) cash/chulue payableMAXtsimigHMI*as a deposit to be held by him in trust pending completion or other termination of this Agreement and to be credited towards the Purchase Price on completion. 2. Purchaser agrees to pay the entire purchase price in the amount of $ 30 , 000 00 subject to adjustments , on the closing date which is January 6 , 1995 . 3 . The Purchaser covenants that this property will be used for construction of a Township Fire Hall and not for re-sale . • ‘•••••• . . OCT 1 1 19'4 3. Purchaser and Vendor agree that all existing fixtures are included in the Purchase Price except those listed hereunder. and that the following chattels are included in the Purchase Price: 4 Purchaser agrees that this Offer shall be irrevocable by him until . . . 11: .5 9 XpCii./p.m.) on the . . . .3.0th . day of Septennbe.r., 19 .9 4 , after which time, if not accepted, this Offer shall be null and void and the deposit shall be returned to Purchaser without interest or deduction. 5. This Agreement shall be completed on the , 6 th day of January 19 9 5 Upon completion, vacant possession of the property shall be given to Purchaser unless otherwise provided as follows: 6. Purchaser shall be allowed until 4:59 p.m. on the . . .15th of . . .flecember , l9 .94 to: examine the title to the properly, at his own expense, to satisfy himself that there are no outstanding work orders affecting the property, that its present use may be lawfully continued, and that the principal building may be insured against risk of fire. 7. Provided that the title to the property is good and free from all restrictions,charges, liens,claims and encumbrances,except as otherwise specifically provided in this Agreement, and save and except for: (a) any registered restrictions or covenants that run with the land, provided that such are complied with; (b) any registered agreements with a municipality or a supplier of utility service including, without limitation,electricity, water, sewage, gas, telephone or cable television or other telecommunication service, providing such have been complied with or security has been posted to ensure compliance and completion as evidenced by letter from the relevant municipality or utility supplier; and (c) any minor easements for the supply of utility service to the property or to adjacent properties. If within the time for examining the title any valid objection to title,or any outstanding work order or deficiency notice,or to the fact that the said present use may not lawfully be continued,or that the principal building may not be insured against risk of fire, is made in writing to Vendor or Vendor's solicitor, which Vendor is unable or unwilling to remove, remedy or satisfy,and which Purchaser will not waive,this Agreement, notwithstanding any intermediate acts or negotiations in respect of such objections, shall be at an end, and all money theretofore paid shall be returned without interest or deduction and Vendor and his Agents shall not be liable for any costs or damages. Save as to any valid objection so made within such time,and except for any objection going to the root of title, Purchaser shall be conclusively deemed to have accepted Vendor's title to the property. Vendor hereby consents to the municipality releasing to Purchaser details of all outstanding work orders or deficiency notices affecting the property, and Vendor agrees to execute and deliver to Purchaser or his solicitor such further authorizations in this regard as Purchaser may reasonably require. K. Purchaser acknowledges having inspected the property prior to submitting this Offer and understands that upon Vendor accepting this Offer there shall be a binding agreement of purchase and sale between Purchaser and Vendor. 9. Vendor and Purchaser agree that there is no condition.express or implied, representation or warranty of any kind that the future intended use of the property by Purchaser is or will he lawful except as may he specifically stipulated elsewhere in this Agreement 10. Purchaser shall not call for the production of any tole bstract.surrey or other evidence of ole to the pr)pcny excep as are in the possession or control of Vendor. Vericka-agrees that,if requested by the Purchaser,he will deliver any s h or survey of the property in his session or within his control to Purchaser as soon as sible andlastk > Pu pis prior to the la day allowcc.. for examining title. in the esent that a discharge of any mortgage or charge held by a corporation incorporated pursuant to the Loan Companies Act (Canada). Chartered Bards, Trust Company, Credit Union or Insurance Company and which is not to be assumed by the Purchaser on completion. is not available in registrable form on completion. the Purchaser agrees to accept the Vendor's solicitors personal undertaking to obtain,out of the closing funds.a discharge or cessation of charge in registrable form and to register same on title within a reasonable period of time atter completion. provided that on or before completion the Vendor shall provide to the Purchaser a mortgage statement prepared by the mortgagee setting out the balance required to obtain the discharge.together with a direction executed by the Vendor directing payment to the mortgagee.of the amount required to obtain the discharge out of the balance due on nnnpletioc I I. All building.,on the property and all other things being purchased shall be and remain until completion at the risk of Vendor, Pending completi+m. Vendor shall hold all insurance policies.if any.and the proceeds:hereof in mist for the parties as their interests may appear and in the event of substantial damage, Purchaser may either terminate this Agreement and have all monies theretofore paid returned w shout interest or deduction or else take the proceeds of any insurance and complete the purchase. No insurance shall he transferred on conipletin. If Vendor is taking hack a mortgage or a charge.or Purchaser is assuming a mortgage or a charge.Purchaser shall supply Vendor with reasonable evidence of adequate insurance to protect the Vendor's or other mortgagee's interest on completion. • 12. Pros toed that this agreement shall be effective to create an interest in the property only if the subdivision control provisions of The Planning Act are complied with by Vendor on or before completion and Vendor hereby covenants to proceed diligently at his expense to obtain any necessary consent on or before completion. 13. Purchaser shall be credited toward. the Purchase Price with the amount. if any. which it shall he necessary for Purchaser to pay to the Minister of National Revenue in order to satisfy Purchasers liability in respect of tax payable by Vendor under the non•residcncy provisions of the Income Tax Act by reason of this sale. Purchaser shall not claim such credit if Vendor delivers on completion the prescribed cenitic ate or his statutory declaration that he is not then a non-resident of Canada. 14, .Any rents.mortgage interest.realty taxes including local improvement rates and unmetered public or private utility charges and unmetered cost of fuel,as applicable,shall be apportioned and allowed to the day of completion,the day of completion itself to br apportioned to Purchaser. 15. The Transfer/Deed shall.save for the Land Transfer Tax Affidavit,he prepared in registrable form at the expense of Vendor.and any mortgage or charge to be given hack by the Purchaser to the Vendor at the expense of the Purchaser. iI requested by Purchaser. Vendor covenants that the Transfer/Deed to be delivered on completion shall contain the statements contemplated by Clauses 44(2 al.(h)and tel of The Planning Act. 191(3. lb Time shall in all respects be of the essence hereof provided that the time for doing or completing of any matter provided for herein may be extended or abridged by an agreement in writing signed by Vendor and Purchaser or by their respective solicitors who may he specifically authorized in that regard. 17. Any tender of documents or money hereunder may be made upon Vendor or Purchaser or their respective solicitors on the day set for completion of this Agreement. Money may be tendered by hank draft or cheque certdied by a Chartered Bank,Trust Company.Province of Ontario Savings Office.Credit Union or Caisse Populaire. IN. THE VENDOR WARRANTS THAT SPOUSAL.CONSENT iS NOT NECESSARY TO THIS TRANSACTION UNDER THE PROVISIONS OF THE FAMILY LAW ACT, t9t(6, t'\[.ESS THE%`.NDOR`S SPOUSE tiAS EXECUTED THE CONSENT HEREIN%F PER PROVIDED. 19, Thr Vendor represents and warrants to the Purchaser that during the time the Vendor has owned the property,the Vendor has not caused any building on the property to be insulated with insulation containing ureaformaldehyde, and that to the best of the Vendor's knowledge no building on the property contains or has ever contained insulation that contains ureaformaldehyde. This warranty shall survive and not merge on the completion of this transaction,and if the building is pan of a multiple unit building,this warranty shall only apply to that part of the building which is the subject of this transaction. 20. THE PURCHASER IS HEREBY NOTIFIED THAT A CONSUMER REPORT CONTAiNING CREDIT AND/OR PERSONAI. INFORMATION MAY BE REFERRED TO IN CONNECTION WITH THIS TRANSAt'TiON. 21. The Vendor herbs appoints the Listing Broker his Agent for the purpose of giving and receiving notices pursuant to this Agreement. 22. tt there is conflict between any provision written or typed in this Agreement(including any Schedule to this Agreement)and any provision in the printed portion hereof,the written or typed provision shall supersede the printed pros ision too the extent of such contli.t. This Agreement including any Schedules attached hereto, shall constitute the entire Agreement between the Purchaser and Vendor. There is no representation, warranty,collateral agna:ment or condition. whether direct or collateral or expressed or implied. which induced any party hereto to enter into this Agreement or on which reliance is placed by any such pang.or which affects this Agreement or the property or supported hereby.other than as expressed herein.This Agreement shall he read with all changes of gender or number required by the context. 2,A If this transaction is subject to Goods and Services Tax (G.S.T.)pursuant to the Excise Tax Act(Canada)then such G.S.T. shall be in addition to and not included in the Purchase Price.and G.S.T.shall be collected and remitted in accordance with applicable legislation. If this transaction is not subject to G.S.T.,the Vendor agrees to provide on or before closing to the Purchaser or Purchaser's solicitor a certificate in the form prescribed by the applicable legislation (if so prescribed. or otherwise in a form reasonably satisfactory to the Purchaser or Purchaser's solicitor)certifying that the transaction is not subject to G.S.T. Tillsonbur t DATED at __._-------__�____-__�_ Q ._. _ _.__..------ tri, _ _ `.sty of ___Sep: e. b_ari. SIGNED. SEALED AND DELIVERED in the presence of- IN WITNESS whereof I hast hereunto set cry hand and seal THE CORPORATION OF. is.•,n-..; _._. ._. _. _.__._----�___.______._____.....___.___ ._ _ .�___ ---T-HE .._..N. ...__._I OF BAYHAM Per : ‘•- DATE Sept . Z7 /94 ___. ____ .__ _..___w Per /LWA(// )1, DATE eS.Ept..:.. iru,hav , ___L... __.._. +se,i+ The undersigned accepts the above Offen—sant-agrees-sertlnhe-tntmg-f$nokerabere-rterneef;-ereertsiciertstienturi+ter-seraictes•in-pn ttwtrtiro••++aiid-Oifearit►pot ►•+aw•tiro-dos-oi- A.IhTi fik'T O T rIC CIii:Y.; Tr,Mir tttTnt,:E,�..M M71 trtrr'wtttr..jrp rn*tioir. a^&Szrrtrr•Fs Irmo+-:-rpe#ter:s erer -rintf++Ctrs!+r4e04.4 ywhich.eftywnyiwyforo— arttt-trrer RUT iteehirtest-frbrm he ttepacit-I-hereirrynreeveabtrisonnetmTcolreitrirti peyrtireeiy-trrtEir-E_i,tmg•Ficoke,-thcwropwci•briaaowwiilltwentaaifiaiora arKLwch,taxes.iram.— the Treceedte+t-the-vale-prior to star pa rtiertt-ter141t-landerstgned-deter+iarietxm'iri-uekem.4l►s44ird6.04irifl•hi•r Vitawiy:.wliei* / DATED at Ti 1l sonburg this 3C__, day of _.._ September ,_ __ __ _-._. l99.4 SIGNED. SEALED AND DELIVERED in the presence of iN WITNESS whereof I hase hereunto set my hand and seal SORENY FA• LTMT' r Per : /64,„_ *DATE _Sept .39� �._Z 94IO (fedi ,wHae..i ,x wcoiJi - __-._------- DATE _.._ _..._....._ i sr.+a, The undersigned Spouse of the Vendor hereby consents to the disposition evidenced herein pursuant to the provisions of The Family Law' Act. 1986. In consideration of the sum of One Dollar ($1.00), the receipt of which from the Purchaser is hereby acknowledged, the undersigned Spouse of the Vendor hereby agrees with the Purchaser that he/she will execute all necessary or incidental documents to give full force and effect to the sale evidenced herein. DATE i Witness, --_. iS WWI -....___ 41/11 ACKNOWLEDGEMENT I acknowledge receipt of my signed copy of this accepted Agreement of Purchase and I acknowledge receipt of my signed copy of this accepted Agreement of Purchase and Sale and i authorize the Agent to forward a copy to my solicitor. Sale and I authorize the Agent to forward a copy to my solicitor. Soreny Farms Limited DATE Sept . 19 4 The Corporation of the DATE Sept . /94 denote _ sties ii Township of Bayham CAT..r. ._ ________. ___--------__--_ _____._.__._.___._-________.__ DATE ADDRESS__ ADDRESS._p . .Q 351X. 160 Stra f�p�1r l le , Ontario NOJ 1Y0 TELEPHONE NO. ____ TELEPHONE NO. __ tlh— ?� ______ VENDOR'S SOLICITOR _ Groom & S zorenyi _ PURCHASER'S SOLICITOR __Tan R . Linton P . 0 . Box 176 , ADDRESS ADDRESS _ 36 Broadway, P _ n _ Box S , Ti nonburg , Ontario N4G 4H5 TilId on a, Ontario N4G 4H3 TELEPHONE NO. 842-42 0 5 TELEPHONE NO. _ L—inna _ FOR OFFICE USE ONLY COMMISSION TRUST AGREEMENT To:The Selling Bro• • o on the foregoing Agreement of Purchase and Sale In consideration for the Selling Bro' i n_ the foregoing Agreement of Purchase and Sale,i hereby declare that all moneys received or receiv • • in connection with the Transaction as contemplated in Subsection 2 of Section e • • •. ' Rules and Regulations of the ' . +-+ate Board(the"MLS Rules")shall be receivable and held in trust under lie terms set out in Subsection 8 of Section 14 of the MI ' i ., •- h are incorporated here a • ce as if set out in length.This agreement shall constitute a Commission Trust Agreement as defined in the MLS Rules and shall be subject to and governed by t c ' ' •••y paining to Commission Trust.For the purposes of this Commission Trust Agreement. the Commission Trust Amount shall be DATED as of the date and time of the acceptance oft . ng Agreement of Purchase and Sale. Acknowledged by: Si i.Ung Broker or outhunted re(xrscauahrr - Signature ut ktbng Hni►er o r outhunted reprc.entaii c Form No. 101 0!/`a' • I CORPORATION OF THE TOWNSHIP OF BAYHAM BY-LAW NO. 94-55 . A BY-LAW TO CONFIRM ALL ACTIONS OF THE COUNCIL OF THE CORPORATION OF THE TOWNSHIP OF BAYHAM AT THE REGULAR MEETING HELD SEPTEMBER 28TH, 1994 WHEREAS under Section 9 of the Municipal Act, R.S.O. 1990 Chapter M.45 the powers of a municipal corporation are to be exercised by the council of the municipality; AND WHEREAS under Section 101 of the Municipal Act the powers of council are to be exercised by by-law; AND WHEREAS the Council of the Corporation of the Township of Bayham deems it advisable that the proceedings of the meeting be confirmed and adopted by by-law. THEREFORE THE COUNCIL OF THE CORPORATION OF THE TOWNSHIP OF BAYHAM ENACTS AS FOLLOWS: 1. THAT the action of the Council of the Corporation of the Township of Bayham in respect of each recommendation and each motion and resolution passed and other action by the Council at its meeting held September 28th, 1994 is hereby adopted and confirmed as if all proceedings were expressly embodied in this by-law. 2. THAT the Reeve and Clerk of the Corporation of the Township of Bayham are hereby authorized and directed to do all things necessary to give effect to the action the Council including executing all documents and affixing the Corporate Seal. READ A FIRST AND SECOND TIME this 28th day of SEPTEMBER, 1994. READ A THIRD TIME AND FINALLY PASSED this 28th day of SEPTEMBER, 1994. 1 4r)///Q / REEVE CLERK CORPORATION OF THE TOWNSHIP OF BAYHAM BY-LAW NO. 94-56 A BY-LAW TO CONFIRM ALL ACTIONS OF THE COUNCIL OF THE CORPORATION OF THE TOWNSHIP OF BAYHAM AT THE REGULAR MEETING HELD OCTOBER 6TH, 1994 WHEREAS under Section 9 of the Municipal Act, R.S.O. 1990 Chapter M.45 the powers of a municipal corporation are to be exercised by the council of the municipality; AND WHEREAS under Section 101 of the Municipal Act the powers of council are to be exercised by by-law; AND WHEREAS the Council of the Corporation of the Township of Bayham deems it advisable that the proceedings of the meeting be confirmed and adopted by by-law. THEREFORE THE COUNCIL OF THE CORPORATION OF THE TOWNSHIP OF BAYHAM ENACTS AS FOLLOWS: 1. THAT the action of the Council of the Corporation of the Township of Bayham in respect of each recommendation and each motion and resolution passed and other action by the Council at its meeting held October 6th, 1994 is hereby adopted and confirmed as if all proceedings were expressly embodied in this by-law. 2. THAT the Reeve and Clerk of the Corporation of the Township of Bayham are hereby authorized and directed to do all things necescary to give effect to the action the Council including executing all documents and affixing the Corporate Seal. READ A FIRST AND SECOND TIME this 6th day of OCTOBER, 1994. READ A THIRD TIME AND FINALLY PASSED this 6th day of OCTOBER, 1994.. La" REEVE CLERK CORPORATION OF THE TOWNSHIP OF BAYHAM BY-LAW NO. 94-57 A BY-LAW TO REPEAL OFFICIAL PLAN AMENDMENT NO. 94 AS ADOPTED BY BY-LAW NO. 93-30 WHEREAS By-law No. 93-30 was passed by the Council of the Corporation of the Township of Bayham on June 3, 1993; AND WHEREAS the Ministry of Municipal Affairs has recommended the Council of the Township of Bayham withdraw Official Plan Amendment No. 94 by repealing By-law No. 93- 30; THEREFORE THE COUNCIL OF THE CORPORATION OF THE TOWNSHIP OF BAYHAM ENACTS AS FOLLOWS: 1 . THAT By-law No. 93-30 as passed by the Council of the Corporation of the Township of Bayham on June 3, 1993, is hereby repealed. READ A FIRST AND SECOND TIME this 20th day of OCTOBER, 1994. READ A THIRD TIME AND FINALLY PASSED this 20th day of OCTOBER, 1994. ,. REEVE CLERK CORPORATION OF THE TOWNSHIP OF BAYHAM BY-LAW NO. 94-58 BEING A BY-LAW TO AUTHORIZE THE REEVE AND CLERK TO EXECUTE AN AGREEMENT TO PERMIT THE ENCROACHMENT OF A FRAME ENTRANCE-WAY OVER THE RIGHT-OF-WAY BETWEEN LOT 1 AND LOT 2, PLAN 22 IN THE HAMLET OF RICHMOND AND TO ASSIGN A FEE FOR SUCH PRIVILEGE WHEREAS Section 210(107) of the Municipal Act, R.S.O., Chapter M.45 provides councils with the power to pass by-laws for allowing any person owning or occupying any building or other erection that by inadvertence has been partially or partially erected upon any highway to maintain and use such erection thereon and for fixing such fee or charge as council considers reasonable for such owner or occupant to pay for such privilege; AND WHEREAS the owner of said lands is desirous of constructing a winterized deck that will encroach over the Right-of-way between Lot 1 and Lot2, Plan 22; AND WHEREAS in the opinion of the council the encroachment of the fence and the previous encroachments should be recognized in one by-law. AND WHEREAS an Agreement, in the form annexed hereto and marked as Schedule "A" has been prepared by the Township. THEREFORE THE COUNCIL OF THE TOWNSHIP OF BAYHAM ENACTS AS FOLLOWS: 1. THAT an existing encroachment a chimney, a frame entrance-way, a wooden deck and a fence, as shown on a Surveyor's Sketch prepared by Brian Vaughan, Ontario Land Surveyor, and dated March 20, 1987, a copy of which is annexed hereto, over John Street in the hamlet of Richmond is hereby allowed to be maintained and used for so long as the said encroachments remain in their present location, in accordance with the terms of the aforesaid Schedule "A"; and, for the sum of one dollar ($1 .00) is hereby fixed to be a one-time charge to be paid to the Corporation of the Township of Bayham by the Owner. 2. THAT the Reeve and Clerk be and they are hereby authorized to execute the attached agreement and marked as Schedule "A" on behalf of the Corporation and to affix the Corporate Seal. 3. THAT By-law No. 2347 is hereby repealed. READ A FIRST AND SECOND TIME this 20th day of OCTOBER, 1994 READ A THIRD TIME AND FINALLY PASSED this 20th day of OCTOBER, 1994. /-7:::)/661 4 REEVE CLERK • SCHEDULE "A" THIS AGREEMENT made in duplicate this 20th day of October, 1994. BETWEEN: THE CORPORATION OF THE TOWNSHIP OF BAYHAM, hereinafter called the "MUNICIPALITY" OF THE FIRST PART - and - JOHN RICHARD BARKER AND AUDREY ANN BARKER of the Township of Bayham, in the County of Elgin. hereinafter called the "OWNER" • OF THE SECOND PART WHEREAS the Owner is the registered owner of land and premises in the Township of Bayham, in the County of Elgin, being more particularly described as Part of the W. Lang's Block Plan 22. AND WHEREAS a residence is situate on the said lands and premises and a chimney, a frame entrance-way, a wooden deck and a fence encroach on the road allowance known as John Street in the hamlet of Richmond, as shown on a Surveyor's Sketch prepared by Brian Vaughan, Ontario Land Surveyor, and dated March 20, 1987, a copy of which is attached as Schedule "B" hereto; AND WHEREAS the Owner has requested the Municipality to enact a By-law allowing the use and maintenance of the said encroachments for so long as the building remains in its present location; AND WHEREAS the Municipality is of the opinion that such By-Law would not be in the public interest unless certain undertakings as hereinafter set out are given by the Owner; NOW THEREFORE THIS AGREEMENT WITNESSETH that in consideration of the premises and the sum of ONE DOLLAR ($1.00) of lawful money of Canada now paid by the Municipality to the Owner, the receipt whereof is hereby acknowledged, the Owner covenants and agrees with the Municipality to do and perform, at his own expense, the following matters and things: 1 . The Owner, his heirs, executors, administrators, successors and assigns, as owners and occupiers from time to time of the said lands described above will at all times indemnify and save harmless the Municipality of and from all loss, costs and damages which the Municipality may suffer, be at or be put to for or by any reason of or on account of the existence of the said encroachments or the use or maintenance of the said encroachment or anything done or purported to be done pursuant to this Agreement or a By-Law respecting the said encroachment, or either of them, or anything which may arise by reason of the use and maintenance of said encroachments, this Agreement, or any By-Law, or any act or neglect in carrying out anything to be done pursuant to the said By-Law, this Agreement or by reason of the existence, use, maintenance or repair or lack of repair of the said encroachments. 2.(a) In the event that the building identified on the building location survey prepared by Brian Vaughan dated March 20th. 1987 is substantially destroyed or demolished, requiring its reconstruction or substantial reconstruction which would permit a movement from its present location as identified on the said survey, such reconstruction or substantial reconstruction shall be in accordance with the Restricted Area or Zoning By-law then in force in the said Municipality and the encroachments shall be removed. (b) In the event that the most northeasterly wall, the chimney, wood deck or frame entrance, or any of them, are not totally destructed or demolished, reconstruction or repair shall be permitted provided that such reconstruction or repair does not contravene the provisions of paragraph 3 below and further provided that such reconstruction or repair is - 2 - undertaken with the prior approval of the building inspector for the Township of Bayham and which approval shall be granted as long as the reconstruction or repair complies with the terms of this Agreement. 3. The Owner agrees that he shall not further extend any of the encroachments over John Street as shown on the a Surveyor's Sketch prepared by Brian Vaughan, Ontario Land Surveyor, and dated March 20, 1987. 4. This agreement shall be binding upon the Owner, his heirs, executors, administrators, successors and assigns, as owners and occupiers from time to time of the lands and premises described above and the covenants herein contained shall be deemed to run with the said lands and premises and bind the owners and occupiers thereof from time to time. IN WITNESS WHEREOF The Corporation of the Township of Bayham has hereunto affixed its corporate seal duty attested by the signatures of its proper signing officers the 20th day of October, 1994, and the parties of the second part have hereunto set their hands and seals the 19th day of October, 1994. SIGNED, SEALED AND DELIVERED ) THE CORPORATION OF THE TOWNSHIP OF in the presence of: ) BAYHAM _ ;-3) ) Per: ) ) ) ) n Richard Barker I f_lt r� ) ) 4,Li "Aaltiee-tA" ) Audrey Ann Balter ) l ,. ,,.. ...• a••.. :r• 111:•1' -':•••••v. -:b •• ' •a • ,;. . •' • i'r• •T..• ,Y •.'.1 � .t.•?: CORPORATION OF THE TOWNSHIP OF BAYHAM BY-LAW NO. 94-58 BEING A BY-LAW TO AUTHORIZE THE REEVE AND CLERK TO EXECUTE AN AGREEMENT TO PERMIT THE ENCROACHMENT OF A FRAME ENTRANCE-WAY OVER THE RIGHT-OF-WAY BETWEEN LOT 1 AND LOT 2, PLAN 22 IN THE HAMLET OF RICHMOND AND TO ASSIGN A FEE FOR SUCH PRIVILEGE WHEREAS Section 210(107) of the Municipal Act, R.S.O., Chapter M.45 provides councils with the power to pass by-laws for allowing any person owning or occupying any building or other erection that by inadvertence has been partially or partially erected upon any highway to maintain and use such erection thereon and for fixing such fee or charge as council considers reasonable for such owner or occupant to pay for such privilege; AND WHEREAS the owner of said lands is desirous of constructing a winterized deck that will encroach over the Right-of-way between Lot 1 and Lot2, Plan 22; AND WHEREAS in the opinion of the council the encroachment of the fence and the previous encroachments should be recognized in one by-law. AND WHEREAS an Agreement, in the form annexed hereto and marked as Schedule "A" has been prepared by the Township. THEREFORE THE COUNCIL OF THE TOWNSHIP OF BAYHAM ENACTS AS FOLLOWS: 1. THAT an existing encroachment a chimney, a frame entrance-way, a wooden deck and a fence, as shown on a Surveyor's Sketch prepared by Brian Vaughan, Ontario Land Surveyor, and dated March 20, 1987, a copy of which is annexed hereto, over John Street in the hamlet of Richmond is hereby allowed to be maintained and used for so long as the said encroachments remain in their present location, in accordance with the terms of the aforesaid Schedule "A"; and, for the sum of one dollar ($1.00) is hereby fixed to be a one-time charge to be paid to the Corporation of the Township of Bayham by the Owner. 2. THAT the Reeve and Clerk be and they are hereby authorized to execute the attached agreement and marked as Schedule "A" on behalf of the Corporation and to affix the Corporate Seal. 3. THAT By-law No. 2347 is hereby repealed. READ A FIRST AND SECOND TIME this 20th day of OCTOBER, 1994 READ A THIRD TIME AND FINALLY PASSED this 20th day of OCTOBER, 1994. / REEVE CLERK 1 . r' r SCHEDULE "A" THIS AGREEMENT made in duplicate this 20th day of October, 1994. BETWEEN: THE CORPORATION OF THE TOWNSHIP OF BAYHAM, hereinafter called the "MUNICIPALITY" OF THE FIRST PART - and - JOHN RICHARD BARKER AND AUDREY ANN BARKER of the Township of Bayham, in the County of Elgin. hereinafter called the "OWNER" OF THE SECOND PART WHEREAS the Owner is the registered owner of land and premises in the Township of Bayham, in the County of Elgin, being more particularly described as Part of the W. Lang's Block Plan 22. AND WHEREAS a residence is situate on the said lands and premises and a chimney, a frame entrance-way, a wooden deck and a fence encroach on the road allowance known as John Street in the hamlet of Richmond, as shown on a Surveyor's Sketch prepared by Brian Vaughan, Ontario Land Surveyor, and dated March 20, 1987, a copy of which is attached as Schedule "B" hereto; AND WHEREAS the Owner has requested the Municipality to enact a By-law allowing the use and maintenance of the said encroachments for so long as the building remains in its present location; AND WHEREAS the Municipality is of the opinion that such By-Law would not be in the public interest unless certain undertakings as hereinafter set out are given by the Owner; NOW THEREFORE THIS AGREEMENT WITNESSETH that in consideration of the premises and the sum of ONE DOLLAR ($1.00) of lawful money of Canada now paid by the Municipality to the Owner, the receipt whereof is hereby acknowledged, the Owner covenants and agrees with the Municipality to do and perform, at his own expense, the following matters and things: 1 . The Owner, his heirs, executors, administrators, successors and assigns, as owners and occupiers from time to time of the said lands described above will at all times indemnify and save harmless the Municipality of and from all loss, costs and damages which the Municipality may suffer, be at or be put to for or by any reason of or on account of the existence of the said encroachments or the use or maintenance of the said encroachment or anything done or purported to be done pursuant to this Agreement or a By-Law respecting the said encroachment, or either of them, or anything which may arise by reason of the use and maintenance of said encroachments, this Agreement, or any By-Law, or any act or neglect in carrying out anything to be done pursuant to the said By-Law, this Agreement or by reason of the existence, use, maintenance or repair or lack of repair of the said encroachments. 2.(a) In the event that the building identified on the building location survey prepared by Brian Vaughan dated March 20th, 1987 is substantially destroyed or demolished, requiring its reconstruction or substantial reconstruction which would permit a movement from its present location as identified on the said survey, such reconstruction or substantial reconstruction shall be in accordance with the Restricted Area or Zoning By-law then in force in the said Municipality and the encroachments shall be removed. (b) In the event that the most northeasterly wall, the chimney, wood deck or frame entrance, or any of them, are not totally destructed or demolished, reconstruction or repair shall be permitted provided that such reconstruction or repair does not contravene the provisions of paragraph 3 below and further provided that such reconstruction or repair is i - 2 - undertaken with the prior approval of the building inspector for the Township of Bayham and which approval shall be granted as long as the reconstruction or repair complies with the terms of this Agreement. 3. The Owner agrees that he shall not further extend any of the encroachments over John Street as shown on the a Surveyor's Sketch prepared by Brian Vaughan, Ontario Land Surveyor, and dated March 20, 1987. 4. This agreement shall be binding upon the Owner, his heirs, executors, administrators, successors and assigns, as owners and occupiers from time to time of the lands and premises described above and the covenants herein contained shall be deemed to run with the said lands and premises and bind the owners and occupiers thereof from time to time. IN WITNESS WHEREOF The Corporation of the Township of Bayham has hereunto affixed its corporate seal duty attested by the signatures of its proper signing officers the 20th day of October, 1994, and the parties of the second part have hereunto set their hands and seals the 19th day of October, 1994. SIGNED, SEALED AND DELIVERED ) THE CORPORATION OF THE TOWNSHIP OF in the presence of: ) BAYHAM ) Per: {✓/ ) ) ) Jo Richard Barker tet !Ii Gr. ) (it • (r ) Audrey Ann parker • ( ) 4 SCHEDULE "A" THIS AGREEMENT made in duplicate this 20th day of October, 1994. BETWEEN: THE CORPORATION OF THE TOWNSHIP OF BAYHAM, hereinafter called the "MUNICIPALITY" OF THE FIRST PART - and - JOHN RICHARD BARKER AND AUDREY ANN BARKER of the Township of Bayham, in the County of Elgin. hereinafter called the "OWNER" OF THE SECOND PART WHEREAS the Owner is the registered owner of land and premises in the Township of Bayham, in the County of Elgin, being more particularly described as Part of the W. Lang's Block Plan 22. AND WHEREAS a residence is situate on the said lands and premises and a chimney, a frame entrance-way, a wooden deck and a fence encroach on the road allowance known as John Street in the hamlet of Richmond, as shown on a Surveyor's Sketch prepared by Brian Vaughan, Ontario Land Surveyor, and dated March 20, 1987, a copy of which is attached as Schedule "B" hereto; AND WHEREAS the Owner has requested the Municipality to enact a By-law allowing the use and maintenance of the said encroachments for so long as the building remains in its present location; AND WHEREAS the Municipality is of the opinion that such By-Law would not be in the public interest unless certain undertakings as hereinafter set out are given by the Owner; NOW THEREFORE THIS AGREEMENT WITNESSETH that in consideration of the premises and the sum of ONE DOLLAR ($1.00) of lawful money of Canada now paid by the Municipality to the Owner, the receipt whereof is hereby acknowledged, the Owner covenants and agrees with the Municipality to do and perform, at his own expense, the following matters and things: 1. The Owner, his heirs, executors, administrators, successors and assigns, as owners and occupiers from time to time of the said lands described above will at all times indemnify and save harmless the Municipality of and from all loss, costs and damages which the Municipality may suffer, be at or be put to for or by any reason of or on account of the existence of the said encroachments or the use or maintenance of the said encroachment or anything done or purported to be done pursuant to this Agreement or a By-Law respecting the said encroachment, or either of them, or anything which may arise by reason of the use and maintenance of said encroachments, this Agreement, or any By-Law, or any act or neglect in carrying out anything to be done pursuant to the said By-Law, this Agreement or by reason of the existence, use, maintenance or repair or lack of repair of the said encroachments. 2.(a) In the event that the building identified on the building location survey prepared by Brian Vaughan dated March 20th, 1987 is substantially destroyed or demolished, requiring its reconstruction or substantial reconstruction which would permit a movement from its present location as identified on the said survey, such reconstruction or substantial reconstruction shall be in accordance with the Restricted Area or Zoning By-law then in force in the said Municipality and the encroachments shall be removed. (b) In the event that the most northeasterly wall, the chimney, wood deck or frame entrance, or any of them, are not totally destructed or demolished, reconstruction or repair shall be permitted provided that such reconstruction or repair does not contravene the provisions of paragraph 3 below and further provided that such reconstruction or repair is - 2 - undertaken with the prior approval of the building inspector for the Township of Bayham and which approval shall be granted as long as the reconstruction or repair complies with the terms of this Agreement. 3. The Owner agrees that he shall not further extend any of the encroachments over John Street as shown on the a Surveyor's Sketch prepared by Brian Vaughan, Ontario Land Surveyor, and dated March 20, 1987. 4. This agreement shall be binding upon the Owner, his heirs, executors, administrators, successors and assigns, as owners and occupiers from time to time of the lands and premises described above and the covenants herein contained shall be deemed to run with the said lands and premises and bind the owners and occupiers thereof from time to time. IN WITNESS WHEREOF The Corporation of the Township of Bayham has hereunto affixed its corporate seal duty attested by the signatures of its proper signing officers the 20th day of October, 1994, and the parties of the second part have hereunto set their hands and seals the 19th day of October, 1994. SIGNED, SEALED AND DELIVERED ) THE CORPORATION OF THE TOWNSHIP OF in the presence of: ) BAYHAM �. Per: ) / ) �° ) J n Richard Barker is ) ) -4ahletit ) Audrey Ann lrker ) f I • SCHEDULE "A" THIS AGREEMENT made in duplicate this 20th day of October, 1994. BETWEEN: THE CORPORATION OF THE TOWNSHIP OF BAYHAM, hereinafter called the "MUNICIPALITY" OF THE FIRST PART - and - JOHN RICHARD BARKER AND AUDREY ANN BARKER of the Township of Bayham, in the County of Elgin. hereinafter called the "OWNER" OF THE SECOND PART WHEREAS the Owner is the registered owner of land and premises in the Township of Bayham, in the County of Elgin, being more particularly described as Part of the W. Lang's Block Plan 22. AND WHEREAS a residence is situate on the said lands and premises and a chimney, a frame entrance-way, a wooden deck and a fence encroach on the road allowance known as John Street in the hamlet of Richmond, as shown on a Surveyor's Sketch prepared by Brian Vaughan, Ontario Land Surveyor, and dated March 20, 1987, a copy of which is attached as Schedule "B" hereto; AND WHEREAS the Owner has requested the Municipality to enact a By-law allowing the use and maintenance of the said encroachments for so long as the building remains in its present location; AND WHEREAS the Municipality is of the opinion that such By-Law would not be in the public interest unless certain undertakings as hereinafter set out are given by the Owner; NOW THEREFORE THIS AGREEMENT WITNESSETH that in consideration of the premises and the sum of ONE DOLLAR ($1.00) of lawful money of Canada now paid by the Municipality to the Owner, the receipt whereof is hereby acknowledged, the Owner covenants and agrees with the Municipality to do and perform, at his own expense, the following matters and things: 1. The Owner, his heirs, executors, administrators, successors and assigns, as owners and occupiers from time to time of the said lands described above will at all times indemnify and save harmless the Municipality of and from all loss, costs and damages which the Municipality may suffer, be at or be put to for or by any reason of or on account of the existence of the said encroachments or the use or maintenance of the said encroachment or anything done or purported to be done pursuant to this Agreement or a By-Law respecting the said encroachment, or either of them, or anything which may arise by reason of the use and maintenance of said encroachments, this Agreement, or any By-Law, or any act or neglect in carrying out anything to be done pursuant to the said By-Law, this Agreement or by reason of the existence, use, maintenance or repair or lack of repair of the said encroachments. 2.(a) In the event that the building identified on the building location survey prepared by Brian Vaughan dated March 20th, 1987 is substantially destroyed or demolished, requiring its reconstruction or substantial reconstruction which would permit a movement from its present location as identified on the said survey, such reconstruction or substantial reconstruction shall be in accordance with the Restricted Area or Zoning By-law then in force in the said Municipality and the encroachments shall be removed. (b) In the event that the most northeasterly wall, the chimney, wood deck or frame entrance, or any of them, are not totally destructed or demolished, reconstruction or repair shall be permitted provided that such reconstruction or repair does not contravene the provisions of paragraph 3 below and further provided that such reconstruction or repair is J I - 2 - undertaken with the prior approval of the building inspector for the Township of Bayham and which approval shall be granted as long as the reconstruction or repair complies with the terms of this Agreement. 3. The Owner agrees that he shall not further extend any of the encroachments over John Street as shown on the a Surveyor's Sketch prepared by Brian Vaughan, Ontario Land Surveyor, and dated March 20, 1987. 4. This agreement shall be binding upon the Owner, his heirs, executors, administrators, successors and assigns, as owners and occupiers from time to time of the lands and premises described above and the covenants herein contained shall be deemed to run with the said lands and premises and bind the owners and occupiers thereof from time to time. IN WITNESS WHEREOF The Corporation of the Township of Bayham has hereunto affixed its corporate seal duty attested by the signatures of its proper signing officers the 20th day of October, 1994, and the parties of the second part have hereunto set their hands and seals the 19th day of October, 1994. SIGNED, SEALED AND DELIVERED ) THE CORPORATION OF THE TOWNSHIP OF in the presence of: ) BAYHAM Per: ___,---�---- J. n Richard Barker ) (Lc_ 4o4. ) Audrey Ann rker ) �• ;..“411......•.' • .' BUIL NG LOCATION N SURVEY 1 r 1, r:' •.•;•t•t>fy'•.. •�Y•i:•� ., • }.�•. 't. ,.•... ., .{\ µ•.. .: '�. • -_ �1'�.K•t:.' .�•••l t.j�-:�� ;OX :i .1:::::. . t !�' ..y.' • � LO VA1/O • • - r • - • •• • • • • . • • ! `� ;•It• •.� • • J .e. �� • .'•=a. :••# {S i' •��• !'• . •' 's y• -Y -. .+•? •' .•I• .'UI,• , •. •_• BLOCK' .'-c-4,•,7".;,.t� • • G �.. y,�ty••.. •' :a'L 'r•• • .s+,�!121••'• -,r(j�..�: .V t '. •'tr• • ' •' •t,. .*. • •.�:�t. ��•'• .•1 T BLO V.` ...T i•.1••t� ;II•••7.� .•s • .� zi � k: r•t..• ••.•• • 3< �a,.. i• 'Mf'zr,-••:•T.•..• .jt;•'. :.i. •• - ''• i• ••� x'117;ji• ' PART OF W. LANG'S•`�. :CONCESSiOf . `1"•. • , , • ?.. [�' .H� wa:'•1• k!�~•,, •� •: • i '.t' .I •••• •N• • ,• L,`;• . .• �, - , ; '•j ... : . .d , L• • . .' -•• • _% .;,.:j. •: : . . . :,�.. REGISTERED PLAN 22. SOUTH .TAt_BOT o• •-• - : . r. _: • j"Yh ,r ,:.Y • ,I \5� '� t - t •a. A1•� J��r ���f.•1 �� ••••• •• _ 7' .• '. •YILLAGE. Of R{esMOKD • • a p : .. . .�'- �... . : . • • TOWNSHIP OF BAYNAM • . - :. :::.:.: • O�I:+ I.11.111..11,1 I� _ •:.. _ • • COUNTY OF ELGIN • ... N4\f„,. . 's .:. %it• : 4 • .•4:L•/.• 4 .. • . • �. ; , • . ••- . 49--e e41/4.4.t. *is-- e-t--•- - .� • t,.�$• i••" SCALE t so• • ,.• _ J + , , i QQ. . . �•• BRIAN VAUGHAN :• \. • • , • • • ONTARIO L SURVEYOR' • ¢ �'• ,4. - . r s • ' 1987 • . • • .• , . • • R‘111(1). . • • • 4 NOTES. A.t.•.(1. Y. - 1 �v , OQ • O[ARM.QI API AST.o+OAac Attu Ant If/t M to To ?$4 If*AMC Of • ' • t ,Q • ., \ , fi A !!• >s• POI TN( 1pRITNl11LT UNIT lOMll STMT, ME /. :• '� 1 ` 4 SNOO7 dr R[I[R[.ct ►Lr►• IIA-DO[O• U fMOrll tl[lItOM. • r IN .' .. N. • - . . + t NNN h / . . •• ..l,(-� /0 a 0"CI tS Wiry f7 120.8 rat 1R IWMO Al / �Vj / • lig J • • ♦ .f. O f.t... BEwort s ITAMOARO 1101 SAE . . O+• C I... 0ZMOT[f IA0•0 *AM ' • s 1 �0 yT� ' ! L.C• O[»�T►S CUT C110S? V !. • ' • •• 4,4•44. �• J a4i. 0[Mor[f tin7r[S7 ``�/ 3•• . - • ��'' 1G ``� (1K. O[NOTrf [rKtoaCMMMT . �. i •• . t ♦ . ~1 N Y.T.S. 0LMOT[f MOT Tq SC AL[ i. 4, a • .. . / .. • • •'•'•i �� I. O.(t11*) 0. 0[N0,t3 •OVMO WAN 8A • Ot=A [ ti1. O •, . . •• •• a wA•rf +1M Ar rAY¢•IAM 0 LAI • • ..• C.1t. 0cm:. r•OT[7 C01 '1 t .•*p.•,rC•R r/MST•r or • • ,�•. NI(/. OInATwM AMO :3•sitl?vKst•YK f (/�/ v�. q' C t. r.. 0[Mor[f CMAnI LINE rtAC1 •• _ • •t • � J .J J' NNt Al II.r. ano•t7 Imam MIKE • . 8 . . . • , �,y�,4. �•j ` +�T ` %.,.../.../.::::: 40 !' ..R 0twort! .nw[ r[MC[ 0♦ ;ta 0 L •3! 4a• 0�• •/ ••• Kv.J. Q[toOTLS M.V. J[�trrTT 01 f. Ce ••• , J.F.b ocno•Tzs J!.WSTA Ol.& N J• `• t% LAI `4 `!' ,�A r IL KKJJ /e{, t o A C � • J r S SURVEYORS CERTIFICATE t i.EATtFY TN !• y • S.. I/.s tJfr I rxt �Iat D wR�T ttrrlK71,7121311 tt+r�oM TNH •ld• a. yr .t� E I • f _ Ote° at CDMILITLD OR t%it IMO OAt 7� !I A A CTI• II;7.4 ACP/A� • ! I. �. 11SOO1 • R G • • �r `• , le �•. • • .• ; f. . •. • +�• ''�/ �'� •s,s.u.r:.o • S • • • • • P L \`tom `may~ / :''� • / • . \ O. h / t 1 RI AN VAti:wAle • vt/ clAA 2 2 /b �(/ b ST. THOMAS.,• MVO a • • •'1 '112 (i, i MAR. 20, ;Se?. VOr�Tt.Rk)�at :�tftvt•rC�N • : e�R (, �° y• 4 GNAN . / y / BRIAN VAU . BL N• G �� •? ,,,� / AND SURVEYORS C / ONTARIO L / •feP 124 CENTRE ST .51 ;NOMAS .ONTARt�) - / O.L.S.. PH. 631 - 5057 / IFILE • • T— T 3 CORPORATION OF THE 14 - 51 TOWNSHIP OF BAYHAM BY-LAW NO. 94-59 BEING A BY-LAW TO AUTHORIZE THE REEVE AND CLERK TO EXECUTE AN AGREEMENT TO PERMIT THE ENCROACHMENT OF A CHIMNEY, A FRAME ENTRANCE-WAY, A WOODEN DECK AND A FENCE OVER JOHN STREET IN THE HAMLET OF RICHMOND AND TO ASSIGN A FEE FOR SUCH PRIVILEGE AND TO REPEAL BY-LAW NO. 2347 WHEREAS Section 210(107) of the Municipal Act, R.S.O., Chapter M.45 provides councils with the power to pass by-laws for allowing any person owning or occupying any building or other erection that by inadvertence has been partially or partially erected upon any highway to maintain and use such erection thereon and for fixing such fee or charge as council considers reasonable for such owner or occupant to pay for such privilege. AND WHEREAS through the sale of Part of Lang's Block, Registered Plan 22, it has become apparent that a fence located on said property encroaches on John Street. AND WHEREAS the encroachment of a chimney, a frame entrance-way and wooden deck were recognized in By-law 2347; AND WHEREAS in the opinion of the council the encroachment of the fence and the previous encroachments should be recognized in one by-law. AND WHEREAS an Agreement, in the form annexed hereto and marked as Schedule "A" has been prepared by the Township. THEREFORE THE COUNCIL OF THE TOWNSHIP OF BAYHAM ENACTS AS FOLLOWS: 1. THAT an existing encroachment a chimney, a frame entrance-way, a wooden deck and a fence, as shown on a Surveyor's Sketch prepared by Brian Vaughan, Ontario Land Surveyor, and dated March 20, 1987, a copy of which is annexed hereto, over John Street in the hamlet of Richmond is hereby allowed to be maintained and used for so long as the said encroachments remain in their present location, in accordance with the terms of the aforesaid Schedule "A"; and, for the sum of one dollar ($1 .00) is hereby fixed to be a one-time charge to be paid to the Corporation of the Township of Bayham by the Owner. 2. THAT the Reeve and Clerk be and they are hereby authorized to execute the attached agreement and marked as Schedule "A" on behalf of the Corporation and to affix the Corporate Seal. 3. THAT By-law No. 2347 is hereby repealed. READ A FIRST AND SECOND TIME this 20th day of OCTOBER, 1994 READ A THIRD TIME AND FINALLY PASSED this 20th day of OCTOBER, 1994. REEVE CLERK CORPORATION OF THE TOWNSHIP OF BAYHAM BY-LAW NO. 94-60 A BY-LAW TO CONFIRM ALL ACTIONS OF THE COUNCIL OF THE CORPORATION OF THE TOWNSHIP OF BAYHAM AT THE REGULAR MEETING HELD OCTOBER 20TH, 1994 WHEREAS under Section 9 of the Municipal Act, R.S.O. 1990 Chapter M.45 the powers of a municipal corporation are to be exercised by the council of the municipality; AND WHEREAS under Section 101 of the Municipal Act the powers of council are to be exercised by by-law; AND WHEREAS the Council of the Corporation of the Township of Bayham deems it advisable that the proceedings of the meeting be confirmed and adopted by by-law. THEREFORE THE COUNCIL OF THE CORPORATION OF THE TOWNSHIP OF BAYHAM ENACTS AS FOLLOWS: 1. THAT the action of the Council of the Corporation of the Township of Bayham in respect of each recommendation and each motion and resolution passed and other action by the Council at its meeting held October 20th, 1994 is hereby adopted and confirmed as if all proceedings were expressly embodied in this by-law. 2. THAT the Reeve and Clerk of the Corporation of the Township of Bayham are hereby authorized and directed to do all things necessary to give effect to the action the Council including executing all documents and affixing the Corporate Seal. READ A FIRST AND SECOND TIME this 20th day of OCTOBER, 1994. READ A THIRD TIME AND FINALLY PASSED this 20th day of OCTOBER, 1994. REEVE CLERK CORPORATION OF THE TOWNSHIP OF BAYHAM BY-LAW NO. 94-72 A BY-LAW TO CONFIRM ALL ACTIONS OF THE COUNCIL OF THE CORPORATION OF THE TOWNSHIP OF BAYHAM AT THE SPECIAL MEETING HELD DECEMBER 22ND, 1994 WHEREAS under Section 9 of the Municipal Act, R.S.O. 1990 Chapter M.45 the powers of a municipal corporation are to be exercised by the council of the municipality; AND WHEREAS under Section 101 of the Municipal Act the powers of council are to be exercised by by-law; AND WHEREAS the Council of the Corporation of the Township of Bayham deems it advisable that the proceedings of the meeting be confirmed and adopters by by-law. THEREFORE THE COUNCIL OF THE CORPORATION OF THE TOWNSHIP OF BAYHAM ENACTS AS FOLLOWS: 1. THAT the action of the Council of the Corporation of the Township of Bayham in respect of each recommendation and each motion and resolution passed and other action by the Council at a special meeting held December 22nd, 1994 is hereby adopted and confirmed as if all proceedings were embodied in this by-law. 4 _ 2. THAT the Reeve and Clerk of the Corporation of the Township of Bayham are hereby authorized and directed to do all things necessary to give effect to the action the Council including executing all documents and affixing the Corporate Seal. READ A FIRST AND SECOND TIME this 22nd day of DECEMBER, 1994. READ A THIRD TIME AND FINALLY PASSED this 22nd day of DECEMBER, 1994. / REEVE CL ' K 4 - CORPORATION OF THE TOWNSHIP OF BAYHAM BY-LAW NO. 94-71 A BY-LAW TO ADOPT OFFICIAL PLAN AMENDMENT NO. 100 THE Council of the Corporation of the Township of Bayham, in accordance with the provisions of the PLANNING ACT, hereby enacts as follows: 1. THAT Amendment No. 100 to the Official Plan of the Township of Bayham consisting of the attached text and map schedule is hereby adopted. 2. THAT the Clerk is hereby authorized and directed to make application to the Minister of Municipal Affairs for approval of the aforementioned Amendment No. 100 to the Official Plan of the Township of Bayham. 3. THAT no part of this By-law shall come into force and take effect until approved by the Minister of Municipal Affairs. READ A FIRST AND SECOND TIME THIS 22nd day of DECEMBER, 1994. READ A THIRD TIME AND FINALLY PASSED THIS day of JANUARY, 1995. REEVE CLERK CERTIFIED that the above is a true copy of By-law No. 94-71 , as enacted and passed by the Council of the Corporation of the Township of Bayham. CLERK 1 CORPORATION OF THE TOWNSHIP OF BAYHAM BY-LAW NO. 94-70 A BY-LAW TO CONFIRM ALL ACTIONS OF THE COUNCIL OF THE CORPORATION OF THE TOWNSHIP OF BAYHAM AT THE REGULAR MEETING HELD DECEMBER 15TH, 1994 WHEREAS under Section 9 of the Municipal Act, R.S.O. 1990 Chapter M.45 the powers of a municipal corporation are to be exercised by the council of the municipality; AND WHEREAS under Section 101 of the Municipal Act the powers of council are to be exercised by by-law; AND WHEREAS the Council of the Corporation of the Township of Bayham deems it advisable that the proceedings of the meeting be confirmed and adopted by by-law. THEREFORE THE COUNCIL OF THE CORPORATION OF THE TOWNSHIP OF BAYHAM ENACTS AS FOLLOWS: 1. THAT the action of the Council of the Corporation of the Township of Bayham in respect of each recommendation and each motion and resolution passed and other action by the Council at its meeting held December 15th, 1994 is hereby adopted and confirmed as if all proceedings were expressly embodied in this by-law. 2. THAT the Reeve and Clerk of the Corporation of the Township of Bayham are her6by authorized and directed to do all things necessary to give effect to the action the Council including executing all documents and affixing the Corporate Seal. READ A FIRST AND SECOND TIME this 15th day of DECEMBER, 1994. READ A THIRD TIME AND FINALLY PASSED this 15th day of DECEMBER, 1994. Di* REEVE CL Di* RATING BY-LAW CORPORATION OF THE TOWNSHIP OF BAYHAM BY-LAW NO. 94-69 BEING A BY-LAW IMPOSING SPECIAL ANNUAL DRAINAGE RATES UPON LAND IN RESPECT OF WHICH MONEY IS BORROWED UNDER THE TILE DRAINAGE ACT. WHEREAS owners of land in the municipality have applied to the council under the Tile Drainage Act, for loans for the purpose of constructing subsurface drainage works on such land; AND WHEREAS the council has upon their application lent the owners the total sum of $19,500.00 to be repaid with interest by means of rates hereinafter imposed: BE IT THEREFORE ENACTED, BY THE COUNCIL, THAT ANNUAL RATES AS SET OUT IN SCHEDULE "A" ATTACHED HERETO ARE HEREBY IMPOSED UPON SUCH LAND AS DESCRIBED FOR A PERIOD OF TEN YEARS, SUCH RATES TO BE LEVIED AND COLLECTED IN TIjE SAME MANNER AS TAXES. s FIRST READING 15th day of DECEMBER, 1994. SECOND READING 15th day of DECEMBER, 1994. THIRD READING - PASSED this 15th day of DECEMBER, 1994 10P 0,14 I • REEVE CLERK' THE CORPORATION OF THE TOWNSHIP OF-BAYHAM SCHEDULE "A" TO BY-LAW 94-69 NAME AND ADDRESS DESCRIPTION OF PROPOSED DATE SUM TO BE ANNUAL RATE TO OF OWNER LAND DRAINED OF LOAN LOANED BE IMPOSED Laemers Nuthaven Farms Ltd. Part Lot 131 , Concession 6 February 1, 1995 $19,500.00 $2,906.08 R.R. #1, Straffordville, Ont TOTAL $19,500.00 $2,906.08 I P RATING BY-LAW CORPORATION OF THE TOWNSHIP OF BAYHAM BY-LAW NO. 94-69 BEING A BY-LAW IMPOSING SPECIAL ANNUAL DRAINAGE RATES UPON LAND IN RESPECT OF WHICH MONEY IS BORROWED UNDER THE TILE DRAINAGE ACT. WHEREAS owners of land in the municipality have applied to the council under the Tile Drainage Act, for loans for the purpose of constructing subsurface drainage works on such land; AND WHEREAS the council has upon their application lent the owners the total sum of $19,500.00 to be repaid with interest by means of rates hereinafter imposed: BE IT THEREFORE ENACTED, BY THE COUNCIL, THAT ANNUAL RATES AS SET OUT IN SCHEDULE "A" ATTACHED HERETO ARE HEREBY IMPOSED UPON SUCH LAND AS DESCRIBED FOR A PERIOD OF TEN YEARS, SUCH RATES TO BE LEVIED AND COLLECTED IN THE SAME MANNER AS TAXES. • FIRST READING 15th day of DECEMBER, 1994. SECOND READING 15th day of DECEMBER, 1994. THIRD READING - PASSED this 15th day of DECEMBER, 1994 te REEVE CLERK' CORPORATION OF THE TOWNSHIP OF BAYHAM BY-LAW NO. 94-68 A BY-LAW TO APPOINT A MUNICIPAL AUDITOR FOR THE TOWNSHIP OF BAYHAM. WHEREAS Section 86 of the Municipal Act, R.S.O. 1990, Chapter M.45 provides authority for a municipality to appoint a municipal auditor for a term not to exceed five years. AND WHEREAS the Council of the Township of Bayham deems it necessary to appoint a municipal auditor. THEREFORE THE COUNCIL OF THE CORPORATION OF THE TOWNSHIP OF BAYHAM ENACTS AS FOLLOWS. 1. THAT James A. Casson, C.A. Licence No. 4599, partner in the firm of Doane Raymond, is hereby appointed as the municipal auditor for the Township of Bayham for the fiscal year 1994. 2. THAT Alex A. MacBeth, C. A., Licence No. 16120, partner in the firm of Doane Raymond, be appointed assistant to the municipal auditor for the fiscal year 1994. 3. THAT By-law No. 93-1 is hereby rescinded and all other by-laws inconsistent with the provisions of this by-law are also hereby rescinded. 4. THAT this by-law shall come into force and take effect on January 1 , 1995. READ A FIRST AND SECOND TIME this 15th day of DECEMBER, 1994. READ A THIRD TIME AND FINALLY PASSED this 15th day of DECEMBER, 1994. 00# REEVE CLERK 6n/ v SCHEDULE "A" U ,er{i\-t BY-LAW 93-39 ( ailiteC (As amended by By-law No. 94-67) 1. THAT the following remuneration shall be paid to the officers and employees of the Corporation: Position Remuneration 1 .01 Clerk Treasurer/Tax Collector $42, 151.20 Per annum 1 .02 Open 1 .03 Assistant Clerk Treasurer $15.76 Per hour and Tax Collector 1 .04 Financial Assistant $14.50 Per hour 1 .05 Open 1 .06 Part Time Administrative Assistant $10.50 Per hour 1 .07 Road Superintendent $40,884.48 Per annum 14. 1.08 Open 1 .09 Road Equipment Operators $14.42 Per hour ,� j - 1. 10 Open 1. 11 Part Time Road Staff $9.27 Per hour 1. 12 Drainage Superintendent/ $35,016.80 Per annum • By-law Enforcement Officer/ Chief Building Official 1 . 13 Open 1. 14 Open 1 . 15 Transfer Site Operator $8.00 Per hour 1 . 16 Part Time Transfer Site Staff $6.50 Per hour 1 . 17 Fire Chief $7,595.22 Per annum 1 . 18 Deputy Fire Chief $5,546.06 Per annum 1 . 19 Volunteer Fireman Class I $45.64 Per call $12.00 Per hour/maintenance 1 .20 Volunteer Fireman Class II $42. 19 Per call $12.00 Per hour/iiiaintenance 1.21 Volunteer Fireman Class III $37. 15 Per call $12.00 Per hour/maintenance CORPORATION OF THE TOWNSHIP OF BAYHAM BY-LAW NO. 94-67 BEING A BY-LAW TO AMEND BY-LAW NO. 93-39 AND BY-LAW NO. 93-21 WITH RESPECT TO REMUNERATION LEVELS OF MUNICIPAL COUNCIL AND MUNICIPAL STAFF WHEREAS the Council of the Township of Bayham, in accordance with the provisions of the Township Personnel Policy, deems it necessary to amend the remuneration paid to Council and Staff of the Municipality; AND WHEREAS it is necessary to amend By-law No. 93-39 and By-law No. 93-21 to effect changes to remuneration levels of Council and Staff THEREFORE THE COUNCIL OF THE CORPORATION OF THE TOWNSHIP OF BAYHAM ENACTS AS FOLLOWS: 1. THAT By-law No. 93-39 is hereby amended by deleting Schedule "A" and replacing it with Schedule "A" attached hereto which schedule is attached to and forms part of this By-law. 2. THAT By-law No. 93-21 is hereby amended by deleting Section 1, in its entirety and replacing it with the following: "1. THAT for attending a regular meeting of council each member of council shall be paid the-su m.of $110.00." 3. THAT By-law No. 93-21 is hereby amended by deleting Section 2, in its entirety and replacing it with the following: "2. THAT for attending any meeting other than a regular meeting of council each member of council shall be paid the sum of $80.00." 4. THAT By-law No. 93-21 is hereby amended by deleting Section 4, in its entirety and replacing it with the following: "4. THAT in addition to the above per diem meeting rates the members of council shall receive a monthly salary as follows: (a) Reeve $231.75 (b) Deputy Reeve $180.25 (c) Councillor $118.45" 5. THIS By-law comes into force on January 1, 1995. READ A FIRST AND SECOND TIME this 15th day of DECEMBER, 1994. READ A THIRD TIME AND FINALLY PASSED this 15th day of DECEMBER, 1994: 410 to/ I d REEVE CLERK CORPORATION OF THE TOWNSHIP OF BAYHAM BY-LAW NO. 94-66 A BY-LAW TO CONFIRM ALL ACTIONS OF THE COUNCIL OF THE CORPORATION OF THE TOWNSHIP OF BAYHAM AT THE REGULAR MEETING HELD DECEMBER 1ST, 1994 WHEREAS under Section 9 of the Municipal Act, R.S.O. 1990 Chapter M.45 the powers of a municipal corporation are to be exercised by the council of the municipality; AND WHEREAS under Section 101 of the Municipal Act the powers of council are to be exercised by by-law; AND WHEREAS the Council of the Corporation of the Township of Bayham deems it advisable that the proceedings of the meeting be confirmed and adopted by by-law. THEREFORE THE COUNCIL OF THE CORPORATION OF THE TOWNSHIP OF BAYHAM ENACTS AS FOLLOWS: 1. THAT the action of the Council of the Corporation of the Township of Bayham in respect of each recommendation and each motion and resolution passed and other action by the Council at its meeting held December 1st, 1994 is hereby adopted and confirmed as if all proceedings were expressly embodied in this by-law. 2. THAT the Reeve and Clerk of the Corporation of the Township of Bayham are hereby authorized and directed to do all things necessary to give effect to the action the Council including executing all documents and affixing the Corporate Seal. READ A FIRST AND SECOND TIME this 1st day of DECEMBER, 1994. READ A THIRD TIME AND FINALLY PASSED this 1st day of DECEMBER, 1994. 4141P1 REEVE CLERK 411 10. Purchaser shall not call for the production of any tttk• abstract.survey or other evidence of title to the property except as arc in the possession or control of Vendor Vendor agrees that.if requested by the Purchaser.he will deliver any sl.c,-h or survey of the pn►peny in his possession or within his control to Purchaser as soon as possible and prior to the last day allowed: for exatnirung title. In the event that a discharge of any mortgage or charge held by a corporation incorporated pursuant to the Loan Companies Act (Canada), Chartered Bank, Trust Company.Credit Union or Insurance Company and which is rex to he assumed by the Purchaser on competin.is not available in registrable form on completion. the Purchaser agrees to accept the Vendor's clic ito es personal unuenaking to obtain.out of the closing funds,a discharge or cessation of charge in registrable form and to register same on title within a reasonable period of tune after completion, provided that on or before completion the Vendor shall provide to the Purchaser a mongage statement prepared by the mortgagee setting out the balance requird to obtain the discharge.together with a direction executed by the Vendor directing payment to the mortgagee,of the amount required to obtain the discharge out of the balance due on completion. I I. All buildings on the pr+peny and all other things being purchased shall he and remain until completion at the risk of Vendor.Pending completion.n.Vendor shall hold all insurance policies,if any.and the proceeds thereof in trust for the partes as their interests may appear and in the event of substantial damage, Purchaser may either terminate this Agreement and have all monies theretofore paid returned without interest or okduc•hot or else take the proceeds of any insurance and complete the pun:hase. No insurance shall be transferred on comtpktion. If Vendor is taking back a ndrtgage of a charge.of Purchaser is assuming a mortgage Of J charge.Purchaser shall supply Vendor with reasonable evidence of adequate insurance to protect the Vendor's of other mortgagee's interest on completion. 12. Provided that this agreement shall he effective to create an interest in the property only if the subdivision control provisions of The Planning Act are complied with by Vendor on or before completion and Vendor hereby covenants to proceed diligently at his expense to obtain any necessary consent on or before completion. 13. Purchaser shall he credited towards the Purchase Price with the amunt. if any. which it shall he necessary for Purchaser to pay to the Minister of National Revenue in order to satisfy Purchaser's liability in respect of lax payable by Vendor under the non-residency provisions of the Income Tax Act by reason of this sale. Purchaser shall not claim such credit if Vendor delivers on completion the prescribed certificate or his statutory declaration that he is not then a nm-resident of Canada. la. Any rents,mortgage interest,realty taxes including local improvement rates and unmetered nubile or private utility charges and unmetered cost of fuel,as applicable,shall be apportioned and allowed to the day of completion,the day of completion itself to be apportioned to Purchaser. 15. The Transfer/Deed shall.save for the Lard!Transfer Tax Affidavit,be prepared in registrable format the expense of Vendor,and any mortgage or charge to be given hack by the Purchaser to the Vendor at the expense of the Purchaser. It requested by Purchaser. Vendor covenants that the Transfer/Deed to be delivered on completion shall contain the statements contemplated by Clauses 49t2IaMa),(b)aro!(el of"lie Planning Act. 1983. 16. Time shall in all respects be of the essence hereof provided that the time for doing or completing of any matter proovided for herein may be extended or abridged by an agreement in writing signed by Vendor and Purchaser or by their respective solicitors who may he specifically authorized in that regard. 17. Any tender of documents or money hereunder may he made upon Vendor or Purchaser or their respective solicitors on the day set for completion of this Agreement. Money may be tendered by bank draft or cheque certified by a Chartered Bank,Trust Company.Province of Ontario Savings Office.Credit Union or Caisse Populaire. Is, THE VENDOR WARRANTS THAT SPOUSAI.CONSENT IS NOT NECESSARY TO THIS TRANSACTION UNDER THE PROVISIONS OF THE FAMILY LAW ACT. l9ftt, UNLESS THE VENDOR'S SP liS£HAS EXECUTED 711E CONSENT HEREINAFTER PROVIDED. 19. The Vendor represents and warrants to the Purchaser that during the time the Vendor has owned the property,the Vendor has not caused any building on the property to be insulated with insulation containing ureaformaldehyde, and that to the best of the Vendor's knowledge no building on the property contains or has ever contained insulation that contains ureaformahkhyde.This warranty shall survive and not merge on the completion of this transaction,and if the building is part of a multiple unit building, this warranty shall only apply to that pan of the building which is the subject of this transaction. 20. THE PURCHASER 15 HEREBY NOTIFIED THAT A CONSUMER REPORT CONTAINING CREDIT ANi)IOR PERSONAL. INFORMATION MAY BE REFERRED TO IN ('0)NNE(TION WiTH THIS TRANSACTION. 21. The Vendor hereby appoints the Listing Broker his Agent for the purpose of giving and receiving notices pursuant to this Agreement. 22. It there is conflict between any provision written or typed in this Agreement (including any Schedule to this Agreement)and any provision in the printed portion hereof,the written or typed provision shall supersede the primed provision to the extent of such conflict.This Agreement including any Schedules attached hereto, shall constitute the entire Agreement between the Purchaser and Vendor. There is no representation. warranty.collateral agreement or condition, whether direct or collateral or expressed or implied, which induced any party hereto to enter into this Agreement or do which reliance is placed by any such party,or which affects this Agreement or the property or supported hereby.other than as expressed herein.This Agreement shall he read with all changes of gender or number required by the context. 23. U this transaction is subject to Goods and Services Tax(G.S.T.)pursuant to the Excise Tax Act(Canada)then such G.S.T. shall be in addition to and not included in the Purchase Price,and G.S.T. shall be collected and remitted in accordance with applicable legislation. If this transaction is not subject to G.S.T.,the Vendor agrees to provide un or before closing to the Purchaser or Purchaser's solicitor a certificate in the form prescribed by the applicable legislation (if so prescribed,or otherwise in a form reasonably satisfactory to the Purchaser ur Purchaser's solicitor)certifying that the transaction is not subject to G.S.T. DATED at ._- Ti l l sonburq this__Z g sty of SePteetnber, 19 94 SIGNED, SEALED AND DELIVERED in the presence of: IN WITNESS whereof I have hereunto set try hand and seal- THE CORPORATION OF. THE 'r0 I OF BAYHAM Per : --- N HGATE_$,!-Pt 4,14 Aran ..... _ _ ___ .__ _ _____ _ ___..___. __ ___ Per : __- _ DATE S-opt .? L_2.4_ a'wala The undersigned accepts the above Offer-a ttagrets-with-thetistmr-Dmitrr'abo+e-name+;•irrten deratien-forinr-cervices-,rrpreeseg-tirosaid-O4(Nr•+e-p•y41irrw .tiro-sws-o- ::+ITo�h�TdS�i t1C'eCI11-41.,o7o 3"..!MU( in Wit.:tr;mg.rizzlr�m-iGgrtit:ri tt;r-..pfp`tatrie 8o ZthS:rsirc:rhr(a an tare,-erotay-+ r_ef!.-torah rtieabMir wo ees isawxwirnrw— and-rrresnem beVethieted-fnnmrthe trposir. Hereby-trttvon blrims/feet m7-sdjet ter-ttrpay•dire eel y♦e-the-List ing-Boo ot-the-xnpaidi•bdti doe 4 elle-otemasissio and-soots tame-tr sew.- the-proceeds rit-rtre-rtric-prior to any-pet yintenti n-the-ti rid ers.egne+oar eernplet+am.•+r.•drdvWed.byate-L sliest'&r arty-wale;i4as_ / DATED at _:_Ti l sonurg_ - _- __..__ ___—__-- this _-.__ day of _.September F.__-- . 1,44. SIGNED. SEALED AND DELIVERED in the presence of. IN WITNESS whereof 1 have hereunto set my hand and seal: SORENY FA"" IMT ' 1 Per : DATE Sept . �94 awararwi v,iMi N e (1) acro DATE --- The undersigned Spouse of the Vendor hereby consents to the disposition evidenced herein pursuant to the provisions of The Family Law Act, 1956. to consideration of the sum of One Dollar ($1.00), the receipt of which from the Purchaser is hereby acknowledged, the undersigned Spouse of the Vendor hereby agrees with the Purchaser that he/she will execute all necessary or incidental documents to give full force and effect to the sale evidenced herein. • DATE n S pose t 41111 ACKNOWLEDGEMENT u.t, I acknowledge receipt of my signed copy of this accepted Agreement of Purchase and I acknowledge receipt of my signed copy of thus accepted Agreement of Purchase and Sale and 1 authorize the Agent to forward a copy to my solicitor. Sale and I authorize the Agent to forward a copy to my solicitor. Soreny Farms Limited DATE Sept . /94 The Corporation of the DATE Sept . /9 osr.allo DAT. ("0"-- Township of Bayham DATE iVesiJni ADDRESS ADDRESS P . O . BOX 160 TELEPHONE NO. TELEPHONE NO. ra f hP-" sJj le , Ontario NOJ 1Y0 VENDOR'S SOLICITOR Groom & S zorgByi PURCHASER'S SOLICITOR Ian R. Linton P . O . Box 176 ADDRESS ADDRESS 36 Broadway, P - 0 - Scnx 5 , -�Tillfanburg , Ontario N4G 4H3 Til n , Ontario N4G 4H3 TELEPHONE NO. _.4 Z=4 ZQ.5 TELEPHONE NO. FOR OFFICE USE ONLY COMMISSION TRUST AGREEMENT To:The Selling : • - an the foregoing Agreement of Purchase and Sale in consideration for the Selling B . • • • the foregoing Agreement of Purchase and Sale,I hereby declare that all moneys received or revel • • • in connection with the Transaction as contemplated in Subsection 2 of Section • . Rules and Regulations of the ' . ate Board(the"MLS Rules")shall be receivable and held in trust under the terms set out in Subsection 8 of Section 14 of the ML ' o arc incorporated here o • a as if set out in length.This agreement shall constitute a Commission Trust Agreement as defined in the MIS Rules and shall be subject to and governed by t • • .. ' ..moo naining to Conmissidn Trust.For the purposes of this Commission Trust Agreement, the Coonnussiun Trust Amount shall be DATED as of the date and time of the acceptance of n: • ..n g Agreement of Purchase and Sale. Acknowledged by: _ljetsaitimaireffa elude firu►cr.w uufnrvcd acp re.cM:aive Signature td Selling Bailer or authorized eeprown14,iavc Form No. 101 01N2 • SCHEDULE "A' , idialk.R10 REAL ESTATE ASSOCIATIL.AD [Ei I ! b. AGREEMENT OF PURCHASE AND SALE REALTOR REALTOR PURCHASER, The CozipQr4tigil of t}Ig, .TgyanAh.1,p, ,Qt, ,$Ayhan offers to buy from VENDOR, Soreny Farms Limited /0641;1 )(OZ, (LISTING BROKER) (MUM BROKER) , the following PROPERTY: fronting on the side of known municipally as in the . . . . Township or . . . .Ha.yh.am and having a frontage of . . . . . . f e.�t more or less by a depth of . . . .264 feet more or less and described as Lots. . 12. . anA• .1.3. .nor.th. .of . .Third. .Sir.eet . .FPurth S.tee:etr• • P.tan . .20.5.R . .Str.aff.ozdvilie ,• . p. . . .o . day amR GQr. Q . . . aiMe RCHASEPRICEOF :Thirty T hq u s a pd Canadian Dollars (SCan 30 , 000 . 00 ) on the following terms: 1. Purchaser submits with this offer . N i 1. Dollars (S . Nil ) cash/cheque payableX7MbliklaiXeri1'Xr as a deposit to be held by him in trust pending completion or other termination of this Agreement and to be credited towards the Purchase Price on completion. • 2. Purchaser agrees to pay the entire purchase price in the amount of $ 30 , 000 . 00 , subject to adjustments , on the closing date which is January 6 , 1995 . 3 . The Purchaser covenants that this property will be used for construction of a Township Fire Hall and not for re-sale . • a • 1 • TC'.,, ,l OCT 1 1 1994 . . . . . . • AetLAt . . . . . . . . FO . . . .. . .... . .. . .. . . . .. • 3. Purchaser and Vendor agree that all existing fixtures are included in the Purchase Price except those listed hereunder: and that the following chattels are included in the Purchase Price: 4. Purchaser agrees that this Offer shall be irrevocable by him until . . . 11: 59 X0C11./p.m.) on the . . . .3.0th . day of Septembe.X✓ 19 .9 4 , after which time, if not accepted, this Offer shalt be null and void and the deposit shall be returned to Purchaser without interest or deduction. 5. This Agreement shall be completed on the . .6th day of January 19 9 5 Upon completion, vacant possession of the property shall be given to Purchaser unless otherwise provided as follows: 6. Purchaser shall be allowed until 4:59 p.m. on the . . 15th of . . .flecelilber . l9 .94 to: examine the title to the property, at his own expense, to satisfy himself that there are no outstanding work orders affecting the property, that its present use may be lawfully continued, and that the principal building may be insured against risk of fire. 7. Provided that the title to the property is good and free from all restrictions,charges, liens,claims and encumbrances,except as otherwise specifically provided in this Agreement, and save and except for: (a) any registered restrictions or covenants that run with the land, provided that such arc complied with; ;« (b) any registered agreements with a municipality or a supplier of utility service including, without limitation,electricity, water, sewage, gas, telephone or cable television or other telecommunication service, providing such have been complied with or security has been posted to ensure compliance and completion as evidenced by letter from the relevant municipality or utility supplier; and (c) any minor easements for the supply of utility service to the property or to adjacent properties. If within the time for examining the title any valid objection to title,or any outstanding work order or deficiency notice,or to the fact that the said present use may not lawfully be continued,or that the principal building may not be insured against risk of fire,is made in writing to Vendor or Vendor's solicitor, which Vendor is unable or unwilling to remove, remedy or satisfy,and which Purchaser will nos waive,this Agreement, notwithstanding any intermediate acts or negotiations in respect of such objections,shall be at an end,and all money theretofore paid shall be returned without interest or deduction and Vendor and his Agents shall not be liable for any costs or damages. Save as to any valid objection so made within such time, and except for any objection going to the root of title, Purchaser shall be conclusively deemed to have accepted Vendor's title to the property. Vendor hereby consents to the municipality releasing to Purchaser details of all outstanding work orders or deficiency notices affecting the property, and Vendor agrees to execute and deliver to Purchaser or his solicitor such further authorizations in this regard as Purchaser may reasonably require. B. Purchaser acknowledges having inspected the property prior to submitting this Offer and understands that upon Vendor accepting this Offer there shall be a binding agreement of purchase and sale between Purchaser and Vendor. 9. Vendor and Purchaser agree that there is no condition.express or implied, representation or warranty of any kind that the future intended use of the property by Purchaser is or will he luwlul except as may he specifically stipulated elsewhere in this Agreement , �I SCHEDULE'2 A NEXE 2 PROJECT >�END1TUREt . ECAST .DEFENSES PR ..0 .:D f Sectio 2.1 through 2. uideto the A lica Article 2.1 a 2.116p ,. £` " :: .j a de (Section hr ugh � 1 G Pi' �ot� n� }�( � y � ��� tn�iai��de tle�n n ) • Loaal?.Wars/tanea.r+i kxai the IIessR41•1 es pm* 1994/95 1995/96 1996/97 Apr-Jun/ July-Sept/ Oct-Dec/ Jan-Mar/ Apr-Jun/ Juiy-Sept/ Oct-Dec/ Jan-Mar/ Apr-Jun/ July-Sept/ Oct-Dec/ Jan-Mar/ Avr-Juin JuL Sept Oct-Doc Jan-Mars Avr-Juin Jun-Sept Oct-Doc Jan-Mars Avr-Juin Jul-Sept Oct-Dec Jan-Mars 2.1 irwoiced Costs - Major Contract/ Coats factures - Contra' important 164,265 2.2 Other relevant contract costs/ Autres coots pertinents du contrat 10 ,000 2.3 Salaries & Employee Benefits/ Salaires et avantages soclaux des employes 2.4 Equipment/Materiel 2.5 Other Costs (spectty)/Autres coots (preciser) 2.6 Total Estimated Protect Gross Cosi/Coat brut total astirnatif du projet -------' 2.7 Less GST Rebates/Moans remboursements de la TPS 400 6 , 570 IMmo IIII 2.8 Total Estimated Project Net Cost/Coat net total estimatif du projet 9 ,600 157 ,695 Proposed Method of Financing/MAithode de flnancemant proposde Total Funding $/Financ.rnent total $ 2.9 Canada Ontario infrastructure Works Capital (Federal and Provincial Shares)/ Recettes en capital - Programme sur les travaux d'frastnxxure Canada-Ontario (Parts federale et provinciale) 111 , 530 2.10 Local Partner's Own Resources/Fonds propres du partenake local 55 ,765 2.11 Private Sector Contributions (Attach Business Case)/Contributions du secteur wive (Priers de joindre un rapport d'affaires) TOTAL/TOTAL --- - - _ __ _ _._ _ __ : . ��._.__.. _ 167 , 295 __. __. ._ ___ f SCHEDULE " C " 1 . MUNICIPALITY : TOWNSHIP OF BAYHAM 2 . PROJECT NAME : FIRE HALL #1 3 . PROJECT NUMBER : M4460202 4 . LOCATION OF PROJECT : LOTS 12 , 13 , 16 , 17 , WEST OF PLANK RD . 5 . ELIGIBLE PROJECT COSTS : $167 , 295 . 00 As approved and set out in the attached Project Expenditure Schedule . 6 . PROJECT START DATE : 1995/04/30 7 . PROJECT COMPLETION DATE : 1995/08/31 IN WITNESS WHEREOF this Agreement has been executed on behalf of the Province by the Minister of Municipal Affairs , and on behalf of the Municipality by the Mayor, Reeve , Warden or Chair and the Clerk . GOVE ' ► NT OF THE PROVINCE OF ,IV /Witness Minister. of Municipal Affairs v / - - Date THE CORPORATION OF THE Township of Bayham Witness Mayor/Reeve/Warden/Chair - 4-9-1t--2-1-1x--,-- 47 Date tr4,tt e4V4e, Ak I or Witness Clerk DCCer -,bex -7 )9 4 Date r l • - 2 - THEREFORE the Province and the Municipality agree as follows : Adding new projects use the following: 1 . Schedule " C" of the Agreement is amended by adding to it the following Projects which will form part of Schedule "C" of the Agreement : 1 . M4460202 a +► 2 . The terms and conditions of the Agreement continue to apply, except to the extent which Schedule "C" is amended by this Amending Agreement . r � PROVINCIAL-MUNICIPAL INFRASTRUCTURE AMENDING AGREEMENT THIS SING AGREEMENT made this 10th day of November, 1994 . BETWEEN: HER MAJESTY THE QUEEN, in right of the Province of Ontario as represented by the Minister of Municipal Affairs referred to below as the " Province " , AND : THE CORPORATION OF THE TOWNSHIP OF 3AYHAM referred to below as the "Municipality" , WHEREAS on June 27 , 1994 the Province and the Municipality entered into a Provincial - Municipal Infrastructure Agreement (referred to as the "Agreement " ) ; AND WHEREAS the Province and the Municipality have agreed that the Agreement should be amended in accordance with the terms set out in this Amending Agreement ; AND WHEREAS the Municipality has by By-law 99-65 dated December 1 , 1994 and appended hereto as Schedule "A" authorized the Mayor , Reeve , Warden or Chair and the Clerk to enter into this Amending Agreement on behalf of the . Municipality; oov IC ' �•'." - 1 r 24 fi:e •• J • CORPORATION OF THE TOWNSHIP OF BAYHAM BY-LAW NO. 94-65 BEING A BY-LAW TO AMEND BY-LAW NO. 94-42 AND TO AUTHORIZE THE REEVE AND CLERK TO ENTER INTO AN AGREEMENT WITH THE HER MAJESTY THE QUEEN IN RIGHT OF ONTARIO AS REPRESENTED BY THE MINISTRY OF THE MUNICIPAL AFFAIRS WITH RESPECT TO THE CANADA / ONTARIO INFRASTRUCTURE PROGRAM FOR CONSTRUCTION OF A NEW FIREBALL WHEREAS the Province of Ontario and Canada entered into the Canada-Ontario Infrastructure Program Agreement; AND WHEREAS on June 27, 1994 the Province and the Township entered into a Provincial - Municipal Infrastructure Agreement; AND WHEREAS the Township of Bayham has applied to the Canada-Ontario Infrastructure Program for funding to construct a new firehall; AND WHEREAS it is deemed necessary to amend,By-law No. 94-42 by.which the Township of Bayham entered into an Agreement with the Ministry of Municipal Affairs to provide funding to the Township of Bayham. THEREFORE THE COUNCIL OF THE CORPORATION OF THE TOWNSHIP OF BAYHAM ENACTS AS FOLLOWS. 1. THAT the Reeve and Clerk be and are hereby authorized to execute an Agreement with the Ministry of Municipal Affairs for the funding of a new firehall. 2. THAT the said Agreement is attached hereto as Schedule "A" and forms a part of this by-law and this agreement shall also form part of Schedule "C" of By-law No. 94-42. 3. THAT By-law No. 94-42 is hereby amended by amending Schedule "C" by adding to it the new firehall project (M4460202) which will form part of Schedule "C" of the Agreement. 4. THAT this by-law shall come into full force and effect upon final passing. READ A FIRST AND SECOND TIME this 1st day of DECEMBER, 1994. READ A THIRD TIME AND FINALLY PASSED this 1st day of DECEMBER, 1994. ZOO REEVE CLERK THE CORPORATION OF THE TOWNSHIP O BAYHAM SCHEDULE "A" TO BY-LAW 94-64 NAME AND ADDRESS DESCRIPTION OF PROPOSED DATE SUM TO BE ANNUAL RATE TO OF OWNER LAND DRAINED OF LOAN LOANED BE IMPOSED Rudy Garner Part Lot 126, Concession 6 February 1, 1995 $10,900.00 $1,505.20 R.R. #1, Straffordville, Ont TOTAL $10,900.00 $1,505.20 ! RATING BY-LAW CORPORATION OF THE TOWNSHIP OF BAYHAM BY-LAW NO. 94-64 BEING A BY-LAW IMPOSING SPECIAL ANNUAL DRAINAGE RATES UPON LAND IN RESPECT OF WHICH MONEY IS BORROWED UNDER THE TILE DRAINAGE ACT. WHEREAS owners of land in the municipality have applied to the council under the Tile Drainage Act, for loans for the purpose of constructing subsurface drainage works on such land; AND WHEREAS the council has upon their application lent the owners the total sum of $10,900.00 to be repaid with interest by means of rates hereinafter imposed: BE IT THEREFORE ENACTED, BY THE COUNCIL, THAT ANNUAL RATES AS SET OUT IN SCHEDULE "A" ATTACHED HERETO ARE HEREBY IMPOSED UPON SUCH LAND AS DESCRIBED FOR A PERIOD OF TEN YEARS, SUCH RATES TO BE LEVIED AND COLLECTED IN THE SAVE MANNER AS TAXES. ' FIRST READING 1st day of DECEMBER, 1994. SECOND READING 1st day of DECEMBER, 1994. THIRD READING - PASSED this 1st day of DECEMBER, 1994 REEVE CL ` a 4 THE CORPORATION OF THE TOWNSHIP OF BAYHAM SCHEDULE "A" TO BY-LAW 94-64 NAME AND ADDRESS DESCRIPTION OF PROPOSED DATE SUM TO BE ANNUAL RATE TO OF OWNER LAND DRAINED OF LOAN LOANED BE IMPOSED Rudy Garner Part Lot 126, Concession 6 February 1, 1995 $10,900.00 $1,624.42 R.R. #1, Straffordville, Ont TOTAL $10,900.00 $1,624.42 • RATING BY-LAW CORPORATION OF THE TOWNSHIP OF BAYHAM BY-LAW NO. 94-64 BEING A BY-LAW IMPOSING SPECIAL ANNUAL DRAINAGE RATES UPON LAND IN RESPECT OF WHICH MONEY IS BORROWED UNDER THE TILE DRAINAGE ACT. WHEREAS owners of land in the municipality have applied to the council under the Tile Drainage Act, for loans for the purpose of constructing subsurface drainage works on such land; AND WHEREAS the council has upon their application lent the owners the total sum of $10,900.00 to be repaid with interest by means of rates hereinafter imposed: BE IT THEREFORE ENACTED, BY THE COUNCIL, THAT ANNUAL RATES AS SET OUT IN SCHEDULE "A" ATTACHED HERETO ARE HEREBY IMPOSED UPON SUCH LAND AS DESCRIBED FOR A PERIOD OF TEN YEARS, SUCH RATES TO BE LEVIED AND COLLECTED IN THE SAME MANNER AS TAXES. FIRST READING 1st day of DECEMBER, 1994. SECOND READING 1st day of DECEMBER, 1994. THIRD READING - PASSED this 1st day of DECEMBER, 1994 4 - /4(2)//(1 REEVE CLERK' CORPORATION OF THE TOWNSHIP OF BAYHAM BY-LAW NO. 94-63 A BY-LAW TO CONFIRM ALL ACTIONS OF THE COUNCIL OF THE CORPORATION OF THE TOWNSHIP OF BAYHAM AT THE REGULAR MEETING HELD NOVEMBER 17TH, 1994 WHEREAS under Section 9 of the Municipal Act, R.S.O. 1990 Chapter M.45 the powers of a municipal corporation are to be exercised by the council of the municipality; AND WHEREAS under Section 101 of the Municipal Act the powers of council are to be exercised by by-law; AND WHEREAS the Council of the Corporation of the Township of Bayham deems it advisable that the proceedings of the meeting be confirmed and adopted by by-law. THEREFORE THE COUNCIL OF THE CORPORATION OF THE TOWNSHIP OF BAYHAM ENACTS AS FOLLOWS: 1. THAT the action of the Council of the Corporation of the Township of Bayham in respect of each recommendation and each motion and resolution passed and other action by the Council at its meeting held November 17th, 1994,is hereby adopted and confirmed as if all proceedings were expresg'ly embodied in this by-law. 2. THAT the Reeve and Clerk of the Corporation of the Township of Bayham are hereby authorized and directed to do all things necessary to give effect to the action the Council including executing all documents and affixing the Corporate Seal. READ A FIRST AND SECOND TIME this 17th day of NOVEMBER, 1994. READ A THIRD TIME AND FINALLY PASSED this-17th day of NOVEMBER, 1994. jot, REEVE CLERK Page 3 to By-law No. 96-73 Section (continued) Description of Amendment (continued) ' 24.0 - Staff Appointments to When an employee is requested or volunteers to sit on Committees and Boards a Committee whose purpose is related to his or her work with the Township, the matter must first be brought to the attention of the Administrator/Treasurer and its approval of the appointment is to be attained. 24.2 - Written Request A written request, to be submitted to the Administrator/ Treasurer for consideration of the appointment should include: Section 25.2 - Other Flowers may also be sent, under other circumstances, if Circumstances approved by the Administrator/Treasurer in consultation with the Reeve.. . "- * j ,, ,y Appendix A - Revised Job Deleted and Replaced with Revised Descriptions for the Descriptions positions Administrator/Treasurer and Clerk Appendix B - Current Salary Deleted and Re•laced with Revised Sala , Ran!es Ranges for 1997. 2. THAT in all other respects, By-law No. 94-62 be and is hereby confirmed. 3. THAT this By-law shall come into full force and effect upon final passing. READ A FIRST AND SECOND TIME this 19th day of December, 1996. READ A THIRD TIME AND FINALLY PASSED this 19th day of December, 1996. ' ..-t (e 7. 4;i7-4Z1 Rt 41/a.4.4._..,:- PP"' yE ( Deputy ) CLERK r Page 2 to By-law No. 96-73 Section (continued) Description of Amendment(continued) 14.0 - Membership & (a) AMCTO-Administrator/Treasurer, Clerk • Associations (b)Ontario Municipal Administrators Association - Administrator/Treasurer (c) Certified General Accountants'Association - Administrator/Treasurer (e) Municipal Finance Officers' Association - Administrator/Treasurer (h) Land Improvement Contractors of Ontario -Drainage Superintendent 16.1 - Purpose The Township of Bayham wishes to recognize the performance of its employees through regular day-to-day communication and through more formal annual reviews with the supervising Department Head. Review of each Department Head is conducted by the Administrator/ Treasurer while Council performs the review of the Administrator/Treasurer. 17.0 - Leaves of Absence (c) Extensions, in the 30 calendar day leave of absence, for all other personal leaves of absence will be considered only for very unusual circumstances and may be granted only upon approval of the Department Head and the Administrator/Treasurer and in the case of the Administrator/Treasurer, Council. 17.3 - Occupational Medical Leave (d) (1) Deleted in its entirety 17.5 - Bereavement Leave (b) A regular, part-time or contract employee will, upon request be granted paid leave of absence of up to three working days immediately following the death of a parent, grandchild, grandparent, stepmother, stepfather, brother stepbrother, sister of stepsister or parent of the employee's current spouse. 17.7 - Long Term Disability Leave (d) (I) Deleted in its entirety 20.0 - Employee Complaints An employee who is not satisfied with the decision made by his Department Head may take the matter up as an official complaint to the Administrator/Treasurer. Notice must be submitted to the Administration/Treasurer within 10 days of receiving a decision from the Department Head. 23.6 - Media Relations (a) The Administrator/Treasurer shall be the designated spokesperson for the dissemination of information regarding Township operations to the media; (b) If the Administrator/Treasurer is unavailable for comment, relations with the media shall be conducted such that only factual and objective information related to the policies adopted by Council is transmitted. Employees must refrain from putting forth speculative or subjective insights. 23.7 - Confidential Information (c) all enquiries regarding the interpretation and application of the Municipal Freedom of Information and Protection of Privacy Act shall be referred to the Clerk through the .9 dministrator/Treasurer. 23.8 - Distribution of Literature (a)No personal shall cause any printed matter to be From Outside Agencies circulated or posted on corporate property without first obtaining the approval of a Department Head or the Administrator/Treasurer. CORPORATION OF THE TOWNSHIP OF BAYHAM BY-LAW NO. 96-73 A BY-LAW TO AMEND SCHEDULE "A" TO BY-LAW 94-62, BEING A BY-LAW TO ADOPT A PERSONNEL POLICY. WHEREAS the Council of the Corporation of the Township of Bayham at its meeting held November 17, 1994, enacted and passed By-law No. 94-62, being a by-law to adopt a Personnel Policy; AND WHEREAS, the said Personnel Policy was attached to and formed part of By-law 94-62 as Schedule "A"; AND WHEREAS Council now deems it necessary to amend various Sections of the Personnel Policy; THEREFORE THE COUNCIL OF THE CORPORATION OF THE TOWNSHIP OF BAYHAM ENACTS AS FOLLOWS: 1. THAT Schedule "A" to By-law 94-62 be hereby amended as set out below, in accordance with the directions of Council at its meeting held December 5, 1996: Section Description of Amendment 1.0 - Statement of Policies The Reeve and Council will retain overall responsibility for personnel management through the Administrator/ Treasurer for the Township of Bayham. 2.0 - Definitions 2.6 "Department Head" means: (a) Administrator/Treasurer (b) Clerk 7.2 - Floating Holidays Additionally, employees shall be granted 2.5 days off with pay for the period between Christmas and New Year's f Day. The exact dates to be taken off be at the discretion of the Administrator/Treasurer. 9.2 - Administrative Staff (b) Salaried Employees In recognition of additional hours, the Administrator/ Treasurer, Clerk, and Chief Building Official shall receive an additional one week in vacation. 10.2 - Health Insurance (c) The plan covers basic dental expenses as outlined in the employee Group Insurance Plan booklet based on 1988 Ontario Dental Association rates. S of the premiums for this coverage is paid by the Township effective the first day of the month following three months continuous service for all regular employees and eligible dependants. 11.0 - Clothing Allowance The Township will allow $200 per year to each full-time Road Department Employee designated by the Works Superintendent to assist with the purchase of safety footwear and to the Chief Building Official. The payment shall be made in conjunction with the first cheque distributed in March, June, September and December each year. Administrative Assistant/ - 4 - September 7, 1995 Tax Clerk 21. Ensures that all up-dates to tax roll including local improvements, tile loans, Shoreline Assistance loans, hydro and water arrears are in place for inclusion on final tax bill. 22. Applies invoiced amounts for drainage repairs to individual tax notices. 23. Answers telephone inquiries regarding taxes, provides tax information, prepares receipts for tax payments, zoning and tax certificates. 24. Prepares tax certificates for submission to Deputy Treasurer. Gathers the information required on Zoning Certificates, which are completed by the Chief Building Official and Clerk. Files in the Roll Number files copies of certificates issued. . - • r 1 25. Prepares bank deposits. Balances totals of deposits, payment stubs with the tax cash drawer. 26. Maintains inventory of tax related supplies, orders replacement and stock forms. 27. Participates in the preparation of year-end financial statements and information reports, closing entries, balance sheets and statistical summaries. Date approved by Council: 9C7' , P , /ff'$ Road Equipment Operators - 2 - September 7, 1995 Principal Functions: 1 . Operates most vehicles and equipment including road graders, tandem trucks, sanders, front end loader, backhoe, tractors with various attachments as well as a full range of power tools and equipment. 2. Service, wash and perform all types of repairs, including mechanical, on all vehicles and equipment. 3. Prepare, prime and paint vehicles, equipment, bridges as required. 4. Repair, replace and/or instal signs, fences, safety devices, culverts, catch basins and drainage pipes. • ,1 5. General roadside maintenance including planting, trimming and/or removal of trees and brush along road, litter and debris pick up, road side weed cutting and spraying. 6. Inspect and clean culverts, catch basins, curbs, gutters and storm sewers. 7. Patch road holes with cold or hot mix asphalt, fill cracks with liquid tar. 8. Report road conditions, damage, vandalism to Superintendent. 9. Clean garage bays and compound. 10. Survey and set road contours and elevations and monitor road grades as grading is taking place. 11. Weld and solder equipment during repairs and fabricate grates and other equipment and supplies as necessary. � Date approved by Council: OC,7LOLE)/ sa‘ /qqc 4. 1 Appendix A-7 TOWNSHIP OF BAYHAM JOB DESCRIPTION Road Equipment Operators Reports to: Road Superintendent Knowledge: Minimum Grade 12 education Knowledge of road construction techniques Must have good welding and metal fabricating skills Must have, or be willing to complete, a recognized equipment maintenance course Experience: At least three (3) years experience working with heavy machinery such as road graders, loaders, backhoes � Minimum two (2) years tandem dump truck driving experience Must possess, or be capable of obtaining a class "DZ" drivers licence Leadership: Minimal leadership is required Initiative/ Creativity: Due to variety of work and the individuality of required work tasks, creativity must be exercised in performing daily jobs Contact: Considerable tact and diplomacy when dealing with the general public Decision Making: Judgement is required when performing daily tasks due nature of tasks performed Working Conditions: May 1 - October 30 - 7:00 A.M. to 4:30 P.M. (except Friday, 7:00 A.M. - 3:30 P.M. with one-half (1/2) hour for lunch November 1 - April 30 - 7:00 A.M to 3:30 P.M. with one-half (1/2) hour for lunch Duties are often performed in less than ideal working conditions, heat and cold are hazards of the job Exposure to machine noise and fumes associated with a works garage Long hours may be required during winter storm conditions Effort: Mental and visual demands associated with outside work including exposure to heat and cold Considerable physical effort is required with many job tasks Stress from long work hours and strenuous labour can be expected Function: To operate a wide range of vehicles and equipment in the provision of safe and clean roadways within the Township Administrative Assistant/ - 3 - September 7, 1995 Tax Clerk 8. Responsible to provide building opening and/or closing functions depending on work schedule. 9. Responsible to provide all services at the reception desk on a continuing basis including the greeting of visitors, initial responses to inquiries, collection of funds, issuing of permits and licenses where required. 10. Acts as initial contact on the telephone ensuring calls are directed to the appropriate departments and taking appropriate action on own where required. 11 . Maintain and orders (by phone) adequate stationery supply.• 12. Maintain and purchases (in person) adequate office supplies such as coffee, cream, paper towels and cleaning supplies. Taxes 13. Updates tax roll, tax bills, property files, mortgage files, tax accounts receivable files and indexes to reflect any changes in: landowners' (eg. name and address changes, information from Land/Transfer Deeds), changes in roll numbers, property descriptions (from Severance). 14. Inputs data required for preparation of the tax roll including updating mortgage companies and local improvements 15. Receives and processes tax payments - prepares receipts, checks for instalments or post dated cheques. Records collection of all tax payments and posts payments on computer to the correct tax accounts (Roll Number). 16. Prepares arrears notices each month and for review by the Deputy Treasurer. Also provides with a monthly tax arrears report. 17. Plans for and prepares tax bills, reviews printed bills and summary sheet and mails tax bills. 18. As instructed by the Deputy Treasurer prepares Supplemental Tax Notices, types tax bill and prepares worksheet for auditing purposes. 19. Prints revised tax 'bills, from information provided by Deputy Treasurer, which are required because of property splits. 20. Arranges for transfer of assessment roll from tapes to hard disk for preparation of tax roll. Administrative Assistant/ - 2 - September 7, 1995 Tax Clerk Working Conditions: Works a minimum of 8:30 a.m. to 4:30 p.m., Monday to Friday with 1 hour lunch Must be able to attend evening meetings as deemed necessary by Clerk Treasurer Duties predominately in municipal office however, may require time in other locations and facilities Effort: Mental and visual demands associated with office work including stress from multiple demands, dealing with the public, multiple roles, new and unexpected problems and critical time deadlines for work performances Mental stress and limited physical-nisk associated with larger volumes of casein ► office and making deposits during tax instalment due date periods Limited physical effort associated with the daily use of heavy books and the infrequent moving of office furniture Function: Provides administrative support for Clerk Treasurer, Deputy Treasurer, Chief Building Official and Fire Chief. Responsible for organization and maintenance of Municipal records management system. Responsible for daily maintenance of tax roll, updating name changes, posting of received tax payments, etc. Principal Functions: Administrative 1. Provides administrative support for Clerk/Treasurer, Deputy Treasurer, Chief Building Official, Fire Chief and Council by typing correspondence, reports, documents, statistical report and other material as required. 2. Organizes and maintains municipal records management system (physical and computer system). 3. Assists Clerk Treasurer by preparing and circulating agendas, listing and attaching correspondence and reports and distributing to the members of Council and the media. 4. Assists Clerk Treasurer by preparing by-laws, resolutions, draft minutes and circulation of approved minutes to various sources. 5. Assumes responsibility for advising Council members of all Council and Committee meetings as well as all other functions of Council. 6. Organizes and maintains all planning files including the circulation of Official Plan amendments, Zoning By-law amendments and Committee of Adjustment notices to the affected landowners and government ministries and other agencies. This function includes the registration of all legal documents. 7. Ensures the Council Chambers and Committee Room are prepared for various meetings. Appendix A-6 TOVVNSHIP OF BAYHAM JOB DESCRIPTION Administrative Assistant/Tax Clerk Reports to: Deputy Treasurer Knowledge: Minimum of Secondary School Education Completion of a two year program from a Community College is preferred Enrolment in, or completion of the AMTC - Tax Collectors program would be an asset Experience: Minimum of 2 years office vxperignce Previous municipal experience not necessary but considered an asset Previous personal computer experience in a Windows environment is required Leadership: Minimal Leadership is required Initiative/ Creativity: Follows established accounting and office procedures Exercises initiative in daily operation of office Monitors and improves efficiency and effectiveness of operating systems and procedures Contact: Daily personal and telephone contact with the public as follows: a) in receiving payments b) disseminating information (as permitted under the Municipal Freedom of Information and Protection of Privacy Act) c) provide assistance by directing calls or messages from rate payers, contractors, the public, government agencies etc. to the appropriate person d) must have considerable tact when dealing with the public both on telephone and in person Decision • Making: Decisions are required commensurate with authority delegated by the Clerk Treasurer or Deputy Treasurer Judgement is required when assisting the public with their inquiries 1 ' Financial Assistant - 4 - September 7, 1995 25. Assists in the preparation of various reports, year-end audit working papers. 26. Responsible for postage meter and scale, this includes replenishing the prepaid postage. 27. Open and appropriately distributes incoming mail. Delivers mail to post office. Date approved byCouncil: OC7'� et a� /Pr PP � Financial Assistant - 3 - September 7, 1995 12. Maintains control of petty cash for administration office, distributing money and balancing fund as needed. 13. Processes all aspects of payroll including: (a) receiving hours worked for hourly-paid staff, reviewing lists, making all entries for salaries and benefit changes and preparing forms. (b) reviews and balances all documents, preparing cheques and submitting to Deputy Treasurer for review. • (c) prepares all closing entries !elating to payroll. �I (d) verifies earnings in group position listing for employee benefits. (e) maintains overtime records. 14. Prepares all enrolments and changed documents for benefits manually and in the computer system. 15. Prepares separation documents and U.I.C. monthly reports. 16. Prepares payroll and related documentation and returns. 17. Maintains records of sick leave and vacation entitlements for all employees. Responds to requests from employees on their respective entitlements. 18. Issues annual reports to employees regarding sick leave and vacation entitlement. 19. Participates in the preparation of year-end financial statements and information reports, closing entries, balance sheets and statistical summaries. 20. Maintains municipal drain ledger and debenture register. 21. Responds to telephone and counter inquiries and provides needed clerical support in absence of Administrative Assistant. 22. Prepares monthly expenditure and revenue reports, as requested by the Deputy Treasurer. 23. Produces a detail General Ledger report on a quarterly basis as requested by the Deputy Treasurer. 24. Balances Dog Licensing Officers Receipt Book. Financial Assistant - 2 - September 7, 1995 Effort: Mental and visual demands associated with office work including stress from multiple demands, dealing with the public, multiple roles, new and unexpected problems and critical time deadlines for work performances Mental stress and limited physical risk associated with larger volumes of cash in office and making deposits during tax instalment due date periods Limited physical effort associated with the daily use of heavy books and the infrequent moving of office furniture Function: Responsible for daily operation of accounts payable, accounts receivable and payroll. Provides accounting assistance to Deputy Treasurer. Acts as replacement for Administrative Assistant/Tax Clerk in their absences. y _ . Principal Functions: 1 . Reviews, schedules payments and issues cheques for all accounts payable invoices. Receives all invoices approved by the various department heads. Allocates expense to proper general ledger account, matches and files all related documentation. Issues special and regular monthly cheques (WCB, Education levies, Receiver General, benefits, etc.) :2. Prepares all accounts payable cheques. . • 3. Balances all printouts to ensure that all information submitted has been recorded. 4. Responsible for daily operation of entire accounts payable and general ledger computer systems. 5. Balances general cash drawer. 6. Performs daily maintenance of general ledger. 7. Receives cash payments, posts to GL, balances cash drawer, prepares and physically makes non-tax bank deposits. 8. Invoices out building permits and plumbing permits. 9. Responsible for preparation of quarterly billings for metered customers, prepares, posts" and mails invoices; calculates interest on water arrears and mails reminder notices; prepares resolution for new connections to the water system; liaison with the Ministry of the Environment 10. Responsible for providing Deputy Treasurer with a quarterly update on the status of water account arrears. 11. May undertake bank reconciliation if instructed by the Deputy Treasurer. Appendix A-5 TOwNsHIP OF BAYHAM JOB DESCRIPTION Financial Assistant Reports to: Deputy Treasurer Knowledge: Minimum of Secondary School Education Completion of a two year program from a Community College is preferred Enrolment in, or completion of the AMCT program would be an asset Experience: Minimum of 2 years office experience Previous municipal experience not necessary but considered an asset Previous personal computer experience in a Windows envirnoment is required Leadership: Minimal Leadership is required Initiative/ Creativity: Follows established accounting and office procedures Exercises initiative in daily operation of office Monitors and improves efficiency and effectiveness of operating systems and procedures Contact: Daily personal and telephone contact with the public as follows: a) in receiving payments b) disseminating information (as permitted under the Municipal Freedom of Information and Protection of Privacy Act) c) provide assistance by directing cabs or messages from rate payers, contractors, the public, government agencies etc. to the appropriate person d) must have considerable tact when dealing with the public both on telephone and in person Decision Making: Decisions are required commensurate with authority delegated by the Clerk Treasurer or Deputy Treasurer Judgement is required when assisting the public with their inquiries Working Conditions: Works a minimum of 8:30 a.m. to 4:30 p.m., Monday - Friday, 1 hour lunch Must be able to attend evening meetings as deemed necessary by Clerk Treasurer Duties predominately in municipal office however, may require time in other locations and facilities Deputy Treasurer/ - 5 - September 7, 1995 Tax Collector 39. Allocates appropriate share of tax revenues to agencies and boards and upon assessments splits (property severed) issues new tax notices. 40. Processes all application for tax write offs, reductions or refunds, preparing reports for Council and completes all transactions as instructed by Council. 41. Processes all information and supervises the issuance of supplementary tax bills. 42. Issues bailiff warrants and facilitates the resolution of bailiff problems in fulfilling bailiff responsibilities. . . 43. Prepares all documents and handles all procedures associated with the annual tax sale. 44. Registers properties for tax arrears. 45. Prepares tax arrears correspondence. 46. Checks tax certificates for accuracy. 47. Responds to rate payer inquiries/problems, adjusts records if necessary. 48. Provides tax related information and recommendations to Council. Date approved byCouncil: DC/obe( 2 /?!9�PP Deputy Treasurer/ - 4 - September 7, 1995 Tax Collector 24. Evaluates contracts between the Township and suppliers for adequacy in safeguarding municipal interests prior to acceptance by Council. 25. Assists Clerk-Treasurer in preparing procedures to safeguard Township assets. 26. Maintains up-to-date knowledge of government legislation and Township payroll policy and procedures. 27. Acts as Licensing Officer by reviewing applications for conformity with provincial legislation and issues licences when in conformity. 28. Prepares by-laws relating to moi>ky, loans and debentures. Monitors collection of all,. revenues arising from by-laws where other municipal authority, inc'uding local improvement charges and drainage charges. 29. Advises Council on best methods of financing proposed operation and capital expenditures. Investigates and plans for other sources of long term financing (e.g. Development Fund). Prepares debenture documentation and co-ordinates the issue of debentures. 30. Attends Council and Committee meetings, when required, and presents reports, recommendations and opinions, and advises Council on financial matters. 31. Participates as a member of the senior management team, in the creation and development of municipal strategies, policies and priorities prior to submission to Council. Keeps the Clerk Treasurer fully informed of trends, issues and opportunities and ensures "no surprises". Tax Collector 32. Plans for and monitors for preparation of tax bills, reviews printed bills and summary sheet and arranges for mailing. 33. Balances all tax rolls on a monthly basis. 34. Ensures all approved loans are collected annually on the tax roll. 35. Calculates and supervises the billings for the payments in Lieu of Taxes. 36. Monitors the recording and processing of local improvement assessments and billings to tax payers. 37. Calculates and invoices Bell Canada for gross receipts. 38. Calculates and/or prepares assessment and tax documents and adjustments such as: 442 documents, supplementary tax billings, individual tax adjustments and/or billings after reviewing Court decisions on assessment modifications. Deputy Treasurer/ - 3 - September 7, 1995 Tax Collector 11. Monitors the bank deposit operation ensuring appropriate controls are in place. 12. Monitors A/R and A/P operations advising staff on proper journalization and general ledger postings personally posting to general ledger when necessary. 13. Supervises and monitors the aging of accounts. 14. Prepares quarterly customized expenditure and revenue reports for Council. 15. Reviews banking arrangements, and contracted labour and machine rates. Monitors A/P and A/R aging, directs change of payment practice as necessary. • 16. Invests surplus funds in high yield vehicles. 17. Maintains records of security "letters of credit" from developers, releases same upon approval from building and planning departments. 18. (a) Administers the employee benefit plans, dealing with insurance companies and government agencies in regard to rates, claims and benefit levels. (b) Maintains adequate levels of protection for Township assets, dealing with Township insurers and agents. 19. Prepares forms, reports and correspondence related to benefit administration. Calculates benefit premiums and payments. Allocates all costs to relevant departments. 20. Prepares required year-end documents (ie. T4 Summaries, WCB reports O.M.E.R.S. annual returns, etc.) 21. Responsible for ensuring maintenance contracts on all office equipment including computers, facsimile machine, copier and telephone system. 22. Reviews insurance packages for adequacy in coverage. Recommends adjustments to Clerk Treasurer. 23. Monitors purchasing procedures and activities, advises staff and management on cost effective purchasing techniques and reviews all supplier invoices. Along with Treasurer' signs all official financial transactions as "signing authority". Deputy Treasurer/ - 2 - September 7, 1995 Tax Collector Function: Maintains effective control over Township finances, carrying out statutory duties, directing all accounting functions, producing financial reports, preparing budgets, managing cash and debt loan and carrying out special projects. Principal Functions: Treasury 1. (a) Directs all general accounting for the Township, including accounts payable and receivable, payroll and tax collections, producing regular financial statements for Council and the Province and special reports and studies as assigned. (b) Supervises issuance all Township cheques, notes and debentures. 2. In collaboration with the Clerk Treasurer prepares the annual Township budget and five- year capital forecast, compiling and organizing data and assisting department heads in the preparation of their own budgets. 3. Collects, complies, calculates and summarizes data and information for budget calculation. 4. Plans for and initiates the operating Budget Developments Process, assisting department heads in departmental budgeting. Prepares and presents consolidated package to Council for approval. 5. Monitors budget,performance, conducting various analysis and informing department heads. 6. Maintains liaison with Township and Provincial auditors, Provincial Ministries and agencies, other municipalities, staff, politicians and ratepayers in regard to the financial affairs of the Township. 7. Coordinates interim and year-end audits, prepares working papers and schedules. Prepares financial reports, returns and arranges for publication of required information. 8. Ensures all subsidies, grants and rebates desired by the Township are applied for and obtained. 9. Produces cash management reports as required and monitors bank balances daily, preparing demand notes when required. 10. Monitors and maintains various reserve fund bank accounts. Appendix A-4 TOWNSHIP OF BAYHAIVI JOB DESCRIPTION Deputy Treasurer/Tax Collector Reports to: Clerk Treasurer Knowledge: Post Secondary Education A recognized professional accounting designation, or minimum 3rd level CGA Successful completion of the Municipal Accounting Program sponsored by the Association of Municipal Clerks and Treasurers of Ontario. Enrolment in, or completion of the AMCT program would be an asset Experience: At least three (3) years municipal experience at a management level Previous personal computer experience in a Windows environment is required Leadership: Supervises office staff Initiative/ Creativity: Adheres to Municipal Act and other legislation, by-laws and Council resolutions and direction of Council Follows established accounting and office procedures Exercises initiative in daily operation of office Monitors and improves efficiency and effectiveness of operating systems and procedures Contact: Considerable sensitive daily personal and telephone contact with the public, provincial officials, and employees Decision Making: Decisions are required on office systems and procedures Considerable judgement is required when assisting the public, provincial agencies and employees with their inquiries Working Conditions: Works a minimum of 8:30 a.m. to 4:30 p.m., Monday to Friday with 1 hour lunch Must be able to attend evening meetings as deemed necessary by Clerk Treasurer Duties predominately in municipal office however, may require time in other locations and facilities Effort: Mental and visual demands associated with office work including stress from multiple demands, dealing with the public, multiple roles, new and unexpected problems and critical time deadlines for work performances Mental stress and limited physical risk associated with larger volumes of cash in office and making deposits during tax instalment due date periods Limited physical effort associated with the daily use of heavy books and the infrequent moving of office furniture • Road Superintendent - 3 - September 7, 1995 14. Arranges for the systematic blading of loose-top roads. 15. Ensures that all machinery, tools, materials and implements owned by the municipality are stored in a safe and secure manner at the Township Garage. 16. Supervises winter maintenance according to the policies adopted by Council to meet the needs of the municipality. 17. Supervises the performance of all work carried out by contract and to certify as to its completion. 18. To see that all washouts, drain and culvert obstructions, bridge failures, and other defects are repaired or guarded with the least possible delay sous to prevent further injury to the road or accident to users of the "bad, and to act promptly in all cases of_emergency:" 19. To see that the shoulders of the roads are properly maintained and free of weeds so that surface drainage is not impeded, and to ensure that all brush and noxious weeds are removed from the roadside, as directed by Council. 20. To see that brush is cut and removed at all intersections, bridges, railway crossings, curves and other hazardous locations. Date approved byCouncil: CC [ D P f% c2 /9Y5-- PP / w Road Superintendent - 2 - September 7, 1995 Effort: Mental and visual demands associated with outside work including exposure to heat and cold Considerable physical effort may be required on job sites and when operating equipment Function: Responsible for fulfilling statutory duties of Road Superintendent and as such directs all operations of the Road Department, implementing policies of Council, advising Council on all road matters, acting as liaison between Council and Road employees. Is responsible for Road Department budget. Principal Functions: 1. Attends regular meetings of Council, and special meetings if so desired by Council; to receive instructions regarding works to be undertaken and carried out; to report at _ meetings of Council as to the road work in progress and to make monthly reports of expenditures and commitments and to keep Council informed of the state of expenditures and commitments in relationship to approved estimates covered in the road programs supporting the Ministry of Transportation subsidy allocations. 2. As part of the 5 year capital budget review, report to Council in December each year relative to the work required during the coming season. 3. Supervise all work of construction and repair on the roads and bridges within the jurisdiction of Council. 4. Reports to Council periodically and especially at the close of each year showing in detail the character, location and cost of each separate item of work undertaken. 5. To stay acquainted with Ministry requirements affecting Township roads. 6. To provide regular expenditure reports as required by the Ministry and any other special information that may be requested from time to time. 7. Liaise with the District Municipal Engineer, and local MTO representative of any special works which are being considered. 8. Apprise the District Municipal Engineer informed of the progress of construction works so that he can make any inspections he considers necessary. 9. To consult with the District Municipal Engineer regarding specifications, tender forms, Etc. before calling tenders or proceeding with any special works. 10. Remain up to date with the best methods of constructing and maintaining good roads, and of operating road machinery used by the municipality. 11. Oversees accurate record keeping of the employees and the work completed, and to furnish pay sheets, accounts and vouchers to the Treasurer. 12. Examine and certify all bills or accounts against the Township for materials and labour used in road operations, and to make, or cause to be made, the measurements and examinations necessary for such purposes. 13. To employ, direct, and discharge all men and equipment required to carry out the work. Appendix A-3 TOWNSHIP OF BAYHAM JOB DESCRIPTION Road Superintendent Reports to: Council Knowledge: Knowledge of road construction techniques Roads and related works operations Must have, or be willing to complete Road Superintendents certification process Experience: At least three (3) years experience working with heavy machinery such as road graders, loaders, backhoes, tandepi dump trucks J �. Extensive experience in road maintenance and construction Supervisory experience Should possess, or be capable of obtaining a class "DZ" drivers licence Leadership: Supervises Road Equipment Operators Supervises outside contractors Manages construction projects Initiative/ Creativity: Directs activity on job sites Monitors systems and procedures while working within approved budgets Contact: Considerable sensitive daily personal and telephone contact with the public, provincial officials, Council and other Department Heads Decision Making: Makes operational decisions on roads maintenance program Determines work schedules Decides on the use of equipment Prepares recommendations on purchases of equipment for Council Works with Clerk in preparation of 5 year capital program Working Conditions: May 1 - October 30 - 7:00 A.M. to 4:30 P.M. (except Friday, 7:00 A.M. - 3:30 P.M. with one-half (1/2) hour for lunch November 1 - April 30 - 7:00 A.M to 3:30 P.M. one-half (1/2) hour for lunch Exposure to hot and cold weather conditions Works out of municipal office environment on occasion Some exposure to machine noise and fumes associated with a works garage Must be available to attend extra night meetings as determined by Council Availability during emergency situations Chief Building Official/ - 3 - September 7, 1995 Drainage Superintendent 13. Provides final inspection for all tile drainage installations pursuant to the Tile Drainage Act. 14. Provides advise to ratepayers with respect to most appropriate drainage construction matters. 15. Acts as approval authority for all connections to the Township's water system. 16. Arranges for maintenance and upkeep of the water system. 17. Ensures water meters are read and'iccurate readings are provided to Towns" staff billing. 18. Carries out additional duties and exercises such additional responsibilities as may be required by law or Council. Date approved by Council: C dA ©P i /7r5"-'- Chief Building Official/ - 2 - September 7, 1995 Drainage Superintendent Effort: Mental and visual demands associated with outside work including heat, cold and working in buildings under construction Additional stress from multiple demands, dealing with the public, multiple roles, new and unexpected problems and critical time deadlines for work performances may be expected Function: Responsible for fulfilling statutory duties of Chief Building Official and Drainage Superintendent. Acts by-law enforcement officer for all Township by-laws, providing guidance and advice for Council and the public. Oversees the operation of the Township's water system. Principal Functions: 1. Maintains record of all inspections of all buildings under construction. by Council. • 2. Review building plans for conformity to Building Code Act and approves same by issuing building permits and collection of appropriate fees. 3. Conducts inspections on buildings under construction to ensure compliance with all relevant building and zoning regulations. Where necessary issues work orders and notices of violation when regulations are not complied with. 4. Prepare monthly reports for Council, Stats Canada and Canada Mortgage & Housing Corporation on building statistics. 5. Provides advice to public and contractors on the standards pertaining to the building regulations and zoning information. 6. Provides comments to lawyers for property transfers and to developers, property owners and real estate personnel regarding zoning and outstanding work orders. 7. Inspect properties for compliance with Property Standards By-law when written complaints are filed. Where necessary issues work orders and notices of violation when by-law is contravened. 8. Takes the necessary legal steps to register documents in the Land Registry Office when notices of violation for the Property Standards By-law are not complied with. 9. Lay information for by-law infraction prosecutions under the Provincial Offences Act. 10. Establishes a drainage maintenance program and recommends an annual budget to Council. 11. Prepares all drainage construction and maintenance quotations for contractors. 12. Assists Township engineer in surveying and final inspection of municipal drains. Appendix A-2 TOWNSHIP OF BAYHAM JOB DESCRIPTION Chief Building Official/Drainage Superintendent/By-law Enforcement Officer Property Standards Officer/Water Works Superintendent Reports to: Council Knowledge: Excellent knowledge of the Building Code Act, Drainage Act, Provincial Offences Act and Planning Act, as well as general understanding of other provincial legislation Experience in construction techniques and farm drainage would also be a strong asset - • Successful completion of, or enrolment in, the Ontario Building Officials Association accreditation program An equivalent combination of education and experience. Successful completion of, or enrolment in, the Ontario Drainage Superintendents Course Experience: At least three (3) years experience working with the Building Code Act Previous personal computer experience in a Windows environment is preferred Previous experience with municipal drains or working knowledge of farm drainage techniques Leadership: Minimal leadership is required Initiative/ Creativity: Considerable creativity is required in providing information to the public with the varied duties of the position Contact: Considerable sensitive daily personal and telephone contact with the public, provincial officials, Council and other Department Heads Decision Making: Considerable judgement is required when assisting the public, provincial agencies and employees with their inquiries Critical decisions must be made on a daily basis in interpreting and applying provincial legislation Working Conditions: Works a minimum of 8:30 a.m. to 4:30 p.m., Monday to Friday with 1 hour lunch Must be able to attend evening meetings Duties are often performed in less than ideal working conditions, heat and cold are hazards of the job f ` Clerk Treasurer - 3 - September 7, 1995 5. Acts as member of the negotiating committee in any collective bargaining procedure with all employees under each collective agreement. To administer each agreement and in general to be responsible for wage and salary administration subject to normal grievance procedures. 6. Prepares by-laws, with the assistance of the Township Solicitor if deemed necessary, for Council and scrutinizes all by-laws, committee reports and resolutions before Council to ensure that such items are within the legal jurisdiction of Council. 7. (a) Responsible for conduct of municipal elections for the Township as well as school board elections for three municipalities in the consolidated areas. (b) Provides training to all election personnel, makes all necessary arrangements pursuant to the Municipal Elections Act. (c) Responsible for preparing and delivering an orientation for new Council members. 8. Acts as Secretary-Treasurer of Committee of Adjustment. 9. Attends to the interests of the Township at the administrative level including maintaining a liaison with provincial ministries and agencies; other municipalities; municipal, federal and provincially elected representatives; and ratepayers, the media and community groups in regard to general operations of the Township. 10. Is responsible for all corporate documents and records, is the source of public record and ensures the formal communication of Council decisions to provide information regarding decisions of Council to the public and to carry out such other functions as the law may require. 11. Supervises preparation of the annual Township budget and five-year capital forecast, compiling and organizing data and assisting department heads in the preparation of their own budgets. 12. Maintains liaison with Township and Provincial auditors, Provincial Ministries and agencies, other municipalities, staff, politicians and ratepayers in regard to the financial affairs of the Township. 13. Administers land development (planning process) and municipal land transactions. 14. Carries out additional duties and exercises such additional responsibilities as may be required by law or Council. Date approved byCouncil: Oc7LOLP( 9 PP6 � Clerk Treasurer - 2 - September 7, 1995 Effort: Mental and visual demands associated with office work including stress from multiple demands, dealing with the public, multiple roles, new and unexpected problems and critical time deadlines for work performances Mental stress and limited physical risk associated with larger volumes of cash in office and making deposits during tax instalment due date periods Limited physical effort associated with the daily use of heavy books and the infrequent moving of office furniture Function: Responsible for fulfilling statutory duties of Clerk and Treasurer and as such directs all operations of the general government, implementing policies of Council, advising Council on all matters under its jurisdictions, acting as liaison between Council and staff. Maintains effective control over Township finances by preparing budgets. Acts as co-ordinator for land development as it unfolds in Bayham Township Principal Functions: 1 . (a) General supervision of all Municipal Office staff including interpreting and following through all decisions made by Council. (b) To administer the business affairs of the Council in accordance with the policies and plans approved and established by Council. (c) To co-ordinate and direct the preparation of plans and programs for submission to Council and to broadly supervise the implementation of all programs approved by Council. 2 Performs standard personnel management tasks required including control and direction of all Municipal Office staff except such officials as are appointed under statute in respect to that officials' statutory duties and responsibilities. 3. To meet with Department Heads collectively, when necessary, to discuss matters of policy which may have been agreed upon by Council, and to co-ordinate all department activities. 4. (a) To attend all Council and Committee meetings where possible, and to provide information and advice but not to vote. (b) Either personally or through his/her designate, studies and approves of all matters of business, prior to being placed on the agenda of all Committee and Council meetings, and to make recommendations for rules and regulations regarding the preparation of the agenda for those meetings. (c) Records and distributes minutes and prepares necessary reports on all proceedings and decisions relating to Council and its Committees. Appendix A-1 TowNsmP OF BAYHA \1 JOB DESCRIPTION Clerk Treasurer Reports to: Council Knowledge: Excellent knowledge of the Municipal Act and Planning Act are required, as well as general understanding of the Drainage Act and other provincial legislation Must be well versed in preparation of by-laws and Council resolutions A thorough knowledge of the Ontario planning framework Must hold either a University Degree (preferably in Public Administration or Business or a Diploma in Public Administration from a Community College Successful completion of the Mtnicrpal Administration Program sponsored bi' the Association of Municipal Clerks and Treasurers of Ontario including the A.M.C.T. or A.M.C.T.(A) Diploma An equivalent combination of education and experience. Experience: At least five (5) years municipal experience at a senior management level. Previous personal computer experience in a Windows environment is required Leadership: General supervision of all Municipal Office staff including interpreting and following through all decisions made by Council Initiative/ Creativity: Considerable creativity is required in providing information and resources to Council Initiative must- be shown in providing Council with innovative ideas in the operation of Township business Contact: Considerable sensitive daily personal and telephone contact with the public, provincial officials, employees, Council and other Department Heads Decision Making: Considerable judgement is required when assisting the public, provincial agencies and employees with their inquiries Working Conditions: Works a minimum of 8:30 a.m. to 4:30 p.m., Monday to Friday with 1 hour lunch Must be able to attend evening meetings Duties predominately in municipal office however, may require time in other locations and facilities CORPORATION OF THE TOWNSHIP OF BAYHAM MEMORANDUM TO: All Staff DATE: November 1, 1995 FROM: Don MacLeod FILE: E.7.2 SUBJECT: Personnel Policy NUMBER: 95.017 On October 26, 1995, Council adopted the attached job descriptions for inclusio in the -.0 Townships's Personnel Policy. These job descriptions form Appendix A to the Personnel Policy. Would you please insert the job descriptions with your Personnel Policy. If you have any questions regarding the job descriptions, please see me. Donald W. MacLeod Township of Bayham Performance Appraisal Report Page 8 This review was discussed with me Employee's Signature Date • Supervisor's Signature Date Head of Council Date F:1BIN\WP511FORMS\PERFORM Township of Bayham Performance Appraisal Report Page 7 13. MONITORING\EVALUATING Oversees department operations, regulates individual and\or department projects and assignments. Checks employee's work performance and assesses the department to ensure all areas of responsibility are maintained. Rating Comments - 14. OVERALL ASSESSMENT OF PERFORMANCE Rating Comments EMPLOYEE'S COMMENT Township of Bayham Performance Appraisal Report Page 6 Part III MANAGERIAL FACTORS 10. SETTING OBJECTIVES Objectives are specific and quantitative and relate directly to the job at hand, are realistic and attainable and readily understandable. Rating Comments 11. LEADERSHIP Assigns responsibility and designates authority appropriately to others while maintaining accountable, trains and supervises staff when needed. Rating Comments 12. PLANNING AND ORGANIZATION Plans tasks and activities making effective and systematic use of time and resources available. Rating Comments Township of Bayham Performance Appraisal Report Page 5 7. COMMUNICATIONS SKILLS Transmits ideas and information with clarity and brevity, communicates and listens to others responds with constructive conclusions and recommendations. Rating Comments 8. INITIATIVE Initiates and promotes ideas and innovations, seeks ways to improve results. Rating Comments 9. PROBLEM SOLVING Formulates alternatives, selects a solution from among options and shares decisions with others. Rating Comments Township of Bayham Performance Appraisal Report Page 4 4. TIMELINESS Plans tasks and activities making effective use of time; consistently meets deadlines; organizes and coordinates activities in order to complete projects on time. Rating Comments 5. SERVICE PROVIDED Provides efficient services (internally & externally); identifies areas for improvement and responds to needs of others. Rating Comments 6. INTERPERSONAL RELATIONSHIPS Ability to relate to staff and the public. Willingness to work with others. Rating Comments Township of Bayham Performance Appraisal Report Page 3 PART II l. KNOWLEDGE Knowledge and understand of the fundamental skills, methods and procedures required of the job. Rating Comments 2. QUALITY OF WORK Thoroughness and accuracy of woik, including exercising good judgement. Rating Comments 3. QUANTITY OF WORK Workload; takes on new assignments while maintaining a volume of work based upon standards of performance. Rating Comments f • Township of Bayham Performance Appraisal Report Page 2 PART 1 A. OBJECTIVES MET FOR THIS PERIOD (Refer to last Performance Appraisal) • B. ASSIGNMENTS, ACCOMPLISHMENTS AND CONTRIBUTIONS (Since last Performance Appraisal - Including courses completed) C. EMPLOYEE'S COMMENTS 4. TOWNSHIP OF BAYHAM EMPLOYEE PERFORMANCE APPRAISAL REPORT Instructions to Appraisers: 1. Set date for appraisal. Date should be scheduled with employee one month in advance. 2. Send package to employee for Completion of Part I. Employee to return to appraiser two weeks prior to appointment. .o' 3. Employee and Appraiser to complete Action Plan section together. 4. Upon completion of appraisal it must be signed by appraiser and the employee and then returned to the Clerk. APPRAISER TO COMPLETE (please print of type) EMPLOYEE STARTING DATE JOB TITLE SALARY RANGE SUPERVISOR YEARS IN PRESENT POSITION DATE OF LAST APPRAISAL TYPE OF REVIEW PROBATIONARY CJ ANNUAL 0 SPECIAL (Disciplinary, demotion, promotion) 0 Township of Bayham Performance Appraisal Manual Page 4 FAIR (D) The level which meets the minimum performance requirements. The individual is satisfactory to the point of remaining on a job, but need for further development is recognizable. The level also indicates an established employee whose performance is beginning to deteriorate below the satisfactory level. MARGINAL (E) The level for those whose performance is clearly below the acceptable level, characterized by excessive mistakes, lack of interest, failure to accept responsibilities etc. Incumbents should either improve or move out of this position in a relatively short ti r% :' Township of Bayham Performance Appraisal Manual Page 3 3.6 Appeal Any employee who feels that their overall rating does not represent a fair or objective performance appraisal may refer the matter to Council for further consideration. 3.7 Recording and Filing of Performance Appraisal Forms The original appraisal forms are to be received by the Clerk from all departments. These original appraisal forms will be filed in the employee's personnel file. _ • 4. EVALUATING PERFORMANCE 4. 1 The supervisor shall evaluate the employee's performance within each factor and provide comments with examples that support the rating for each factor. 4.2 Review each factor definition and relate it back to the employee. If the employee is not responsible for an area identified as a factor or the factor does not apply to his/her job duties, then the factor is not evaluated-and becomes not applicable. The evaluation is based on past performance only. 4.3 The attendance factor is nat rated and all information can be obtained from the attendance record that can be requested from the Clerk. 5. DEFINITIONS 5. 1 The following definitions are to used in conducting Performance Appraisals. EXCEPTIONAL (A) The level of performance for those individuals whose outstanding performance is clearly obvious to all, characterized by a high level of goal achievement. COMMENDABLE (B) The level for employees whose performance is noticeable better than satisfactory, significantly above the acceptable standard as characterized by greater motivation, effective effort and job interest. SATISFACTORY (C) This is the level of performance describing an employee whose performance is satisfactory and will meet normal job requirements sufficiently. Township of Bayham Performance Appraisal Manual Page 2 3.2 Tips for Conducting the Appraisal Interview Use an up-to date job description; Evaluate yourself before your employee; Prepare and plan for the appraisal interview; Put the employee at ease in the interview; Evaluate performance, not personality; Be candid and specific; Set goals and objectives; Put mutually-decided objectives in writing. 3.3 Interview (Supervisor/Employee) The appraisal interview shall be conducted between the employee and the supervisor to discuss the performance of the employee in detail including: (a) duties, responsibilities and requirements of the position; (b) expected performance levels to carry out the duties of the position and performance in relation to these; (c) identification of positive aspects of the employee's performance (d) methods and means of improving identified areas of performance; (e) establishment of short-term (one year) goals and objectives; (f) identification of long-term goals (career goals) of the employee. 3.4 Appraisal Signatures The completed form shall be signed by both the employee and the supervisor including the training outline, and no modifications to the forms shall be made without knowledge and discussion by both parties. 3.5 Copies of Reports i) The employee shall be provided with a copy of her/his signed Annual Performance Appraisal Form. ii) The appraiser shall receive a copy of the signed Annual Performance Appraisal Form and shall give the original copy to the Clerk. iii) All Performance Appraisal Forms shall remain confidential. Appendix E TOWNSHIP OF BAYHAM PERFORMANCE APPRAISAL MANUAL PROCEDURES 1. GENERAL 1 . 1 (a) Department Heads - shall be evaluated by Council. (b) All other Positions - stia11 be evaluated by the immediate supervisor of thee„ employee. 1.2 All employees shall be provided with a copy of the appraisal plan and made aware of the procedures and objectives of the plan as it relates to work performance. 2. PROBATIONARY PERIOD 2. 1 Prior to the completion of the probationary period (six months), the employee and the supervisor shall complete the Probationary Performance Evaluation Form. 2.2 Evaluations during the probationary period shall not result in any compensation changes. 2.3 The employee shall be provided with a copy of his/her Probationary Performance Evaluation Form. 3. ANNUAL EVALUATION 3. 1 Date of Annual Appraisal Annual performance appraisals will be conducted in October of each year. The supervisor shall review the employee's current job description annually. In September of each year, the employee shall be notified of the upcoming performance appraisal interview and asked to review the goals and objectives previously determined. The employee shall complete Part 1 and return the completed section to the appraiser two weeks prior to the appraisal interview. COUNCIL ENVIRONMENT RECREATION COMMITTEE COMMITTEE a ROAD CHIEF BUILDING CLERK/ CA SUPERINTENDENT OFFICIAL TREASURER 0 a ROAD EQUIPMENT DEPUTY OPERATORS TREASURER CA TAX CLERK/ FINANCIAL ADMINSTRATIVE ASSISTANT ASSSISTANT • SCHEDULE C Where an employee is required to attend a meeting outside of regular office hours, or carry out any business on behalf of the Township, the employee shall be paid the rate of $ 0.30 per kilometre travelled for attending such meeting and/or business. J 42 TOWNSHIP OF BA YHAM PERSONNEL POL IC Y 25.0 OCCASIONS REQUIRING FLOWERS TO BE SENT 25.1 Councillors and Employees It is the policy of the Township to send flowers to all hospitalized Councillors, Councillor's spouses and employees. Flowers, or donations to a charity in lieu of flowers are to be sent in the event of the death of a Councillor or employee or a spouse, child or parent of a Councillor or employee. In all instances flowers and/or donations are to be sent from the "Council and Staff of the Township of Bayham". 25.2 Other Circumstances . . . * Flowers may also be sent, under other circumstances, if approved by the Clerk, in consultation with the Reeve. TOWNSHIP OF BAYHAM PERSONNEL POLICY 41 24.0 STAFF APPOINTMENTS TO COMMITTEES AND BOARDS 24.1 Approval When an employee is requested or volunteers to sit on a Committee whose purpose is related to his or her work with the Township, the matter must first be brought to the attention of Council and its approval of the appointment is to be attained. Where the appointment is for an employee other than a Department Head, the approval of the Department Head shall be required as well. 24.2 Written Request • A written request, to be submitted 16 Council for consideration of the appointngent should include : (a) the purpose of the appointment and the function of the subject committee or board; (b) the effect, if any, of the work of this committee or board on the Township; (c) the anticipated duration of the appointment and a forecast on the proposed life of the committee or board on the Township; (d) anticipated number and location of meetings to be held; (e) expected expenses that may be incurred by the Township as a result of the person sitting on the subject committee; (f) whether the appointment shall adversely affect the carrying out of the employee's regular job duties; (g) any other pertinent details. Once Council has made a decision, only at that time can an employee officially accept an appointment. 40 TOWNSHIP OF BAYHAM PERSONNEL POLICY 23.11 Compliance (a) Department Heads shall ensure that staff are aware of and in compliance with the terms of the Code of Ethics. (b) Failure to comply with the terms of this Code of Ethics may result in disciplinary action or dismissal. a .J" • w Ammo TOWNSHIP OF BAYHAM PERSONNEL POLICY 39 Therefore, the following provisions apply: (a) employees shall safeguard and protect the information of the municipality; (b) information shall be released in accordance with the provisions of the Municipal Freedom of Information and Protection of Privacy Act. (c) all enquiries regarding the interpretation and application of the Act shall be referred to the Clerk. 23.8 Distribution of Liter-aturt From Outside Agencies (a) No person shall cause any printed matter to be circulated or posted on corporate property without first obtaining the approval of a Department Head or Clerk. 23.9 Staff/Council Relations Recognizing that elected and non-elected bodies have distinct roles within the Township, the following provisions apply: (a) employees shall deal with all members of Council in an objective and impartial manner, at all times; . (b) employees shall recognize that elected officials are responsible for the establishment of policy and that employees are responsible for the implementation of the directives originating from Council. 23.10 Conflict of Interest Recognizing that it is neither illegal nor unethical for an employee to have a direct or indirect financial interest in a proposed contract with the Township, provided that the individual has declared that interest and is not involved in any way in the decision making process relative to the proposed contract, the following provisions apply: (a) if a potential conflict exists because of an employee's personal or family (where family is defined as immediate family, including parents, spouse, or child), interest in a property matter, a business dealing with the municipality or similar circumstance, the employer must be advised of the situation, in writing; (b) once an employee has declared a conflict of interest, it is understood that he will be removed from the decision making process relative to the interest that has been disclosed. 38 TOWNSHIP OF BAYHAM PERSONNEL POLICY a number of equally undesirable situations that, while not being illegal, create the potential for favouritism, a loss of impartiality and incompetence on the part of the staff member, therefore, the following provisions apply: (a) Township employees are discouraged from direct involvement in election campaigns for Township Councillors, including posting election signs on their property; (b) employees may be involved in campaigns for other elected offices, as long as their involvement does not affect the objectivity with which they must discharge their duties. 23.5 Other Business Dealings Other business dealings, that is dealings done on the employee's own time, which prevent the employee from devoting his full attention to municipal responsibilities while at work shall be prohibited. Furthermore, restriction shall be placed on any outside work that creates a conflict of interest, that makes use of information unavailable to the public, or that is acquired throughout employment with the Township. Therefore, the following provisions apply: (a) employees shall not engage in any outside work or business dealings that interfere with the performance of their regular duties; (b) employees shall not engage in any outside work or business dealings form which they might derive personal benefit or gain by virtue of their employment with the Township. 23.6 Media Relations To avoid dealing with the media in a haphazard manner, which may lead to the transmission of misinformation and may convey the perception that the municipal corporation is unstructured, the following provisions apply: (a) the Clerk shall be the designated spokesperson for the dissemination of information regarding Township operations to the media; (b) if the Clerk is unavailable for comment, relations with the media shall be conducted such that only factual and objective information related to policies adopted by.Council is transmitted. Employees must refrain from putting forth speculative or subjective insights. 23.7 Confidential Information Recognizing that the Municipal Freedom of Information and Protection of Privacy Act defines the content within which confidential information may be released, employees have a responsibility to safeguard information that is not at the disposal of the public. TOWNSHIP OF BAYHAM PERSONNEL POLICY 37 23.0 CODE OF ETHICS 23.1 Purpose The purpose of a code of ethics for municipal employees is to foster a universal understanding of the fundamental rights, privileges and obligations of a municipal public employee. A code of ethics recognizes that a municipal public servant has a responsibility to uphold the basic principles of integrity, honesty, impartiality an common sense. Moreover, in instances where conflict between personal and public interest arise, municipal government employees must forfeit any perceived right to protect a personal interest in favour of that which is of most benefit to the public they serve. 4 23.2 Gifts and Benefits In order to preserve the image and integrity of the Township of Bayham, the following provisions apply: (a) Gifts and benefits from firms or individuals should be discouraged. (b) The Township recognizes that, in certain circumstances, moderate hospitality is an accepted courtesy of a business relationship. Employees must consult with their department heads to determine whether or not a specific gesture constitutes moderate hospitality. (c) Municipal employees shall not allow themselves to reach a position where they might be, or might be deemed by others, to have been influenced in making a business decision, as a consequence of accepting such hospitality. 23.3 Use of Municipal Property Recognizing that it is fraudulent to use municipal property for personal gain, the following provisions apply: (a) employees must not use the municipality's property, equipment, supplies or services for activities not associated with the discharge of official duties, unless proper authorization,, from the appropriate department head has been granted; (b) employees shall not use the municipality's property, equipment, supplies or services for personal gain. 23.4 Political Activity Besides legislative provisions that prevent a member of staff from running for Council, there are 36 TOWNSHIP OF BAYHAM PERSONNEL POLICY 22.0 HEALTH AND SAFETY 22.1 Purpose Safety is important to both employee welfare and morale and to the efficient operation of the organization. It is the policy of the Township of Bayham to promote the highest possible standards of safe working conditions and to provide such training in accident prevention programs as are necessary to achieve this purpose. 22.2 Duty of Supervisor It shall be the responsibility of each supervisor to ensure that: (a) the proper safety examples are set by the supervisor; (b) the employees are instructed as to what the developed safety policies and procedures are pertaining to the operation being performed; (c) unsafe acts or conditions, detected or reported, are investigated and/or remedied as soon as possible; (d) adopted safety policies and procedures are being maintained and adhered to; (e) all medical aid and lost-time accidents are reported within twenty-four (24) hours on the appropriate forms in accordance with the procedures. 22.3 Duty of Employee It shall be the responsibility of every employee to: (a) observe the adopted safety regulations required on the job; (b) notify the supervisor immediately of any accident, however minor, requiring first aid or medical aid; (c) report safety hazards to the supervisor and actively participate in eliminating causes of accidents; (d) participate „in investigations of employee injuries and/or damage to property, if requested. TOWNSHIP OF BAYHAM PERSONNEL POLICY '35 21.0 CONFIDENTIAL INFORMATION The following categories of employees are included under this policy: regular, part-time, contract and temporary and casual. The Township recognizes that many employees, in their day-to day activities as employees of the Township of Bayham, deal with items that are confidential in nature. In some instances these items become so routine that employees tend to overlook the fact that information which seems insignificant to them may have serious implication if it is divulged, even to friends, relatives or fellow employees. Many Township employees, in their day to day activities, find out a great deal regarding the private a rs of Township citizens or other sensitive informati n. Employees are asked to remember, at all times, that they have a responsibility not to divulge this information when they leave the workplace. A breach of the guidelines outlined in the preceding paragraph could lead to disciplinary action up to and including termination. 34 TOWNSHIP OF BAYHAM PERSONNEL POLICY 20.0 EMPLOYEE COMPLAINTS It is recognized that in any organization, it is difficult to avoid occasional misunderstandings and complaints. Regardless of how unimportant such incidents may seem to be, the Township of Bayham wishes them to be reported and resolved promptly. Matters of this kind should discussed with the employee's Department Head. If a mutually satisfactory understanding is not reached, further steps toward the solution are provided and should be followed. An employee who is not satisfied with the decision made by his Department Head he may take the matter up as an official complaint to Council. Notice must be submitted to Council within 10 days of receiving a decision from the Department Head • The above procedures will be followed in the case of an employee not satisfied with respect to performance or salary reviews and job ratings or classifications. TOWNSHIP OF BA YHAM PERSONNEL POLICY 33 19.0 TERMINATION OF EMPLOYMENT An employee shall no longer be considered to be an employee of the Township of Bayham and where applicable, shall lose all seniority if he/she: (a) Voluntarily leaves employ of the Township of Bayham. (b) Is discharged and not reinstated through the procedure available for dealing with employee complaints or otherwise by law. (c) Is absent from work without pecnission for three consecutive working days unless an explanation, satisfactory to t..beir.Department Head, is given by the employee. (d) Fails to return to work within seven (7) calendar days after being called back to work from lay-off, unless an explanation satisfactory to Township of Bayham is given by the employee. (e) Is absent from work due to illness or disability (providing such illness or disability is not compensable under the Workers' Compensation Act) for more than twenty-four (24) consecutive months. However, the employee's coverage under the Drug Plan for the Township of Bayham will continue until the individual attains the age of 65, unless this coverage is provided through another source. (f) Is absent from work due to illness or disability which is compensable under the Workers' Compensation Act for more than thirty-six (36) consecutive months. However, the employee's coverage under the Drug Plan for the Township of Bayham will continue until the individual attains the age of 65, unless this coverage is provided through another source. (g) Fails to return to work upon termination of an authorized leave of absence unless a reason satisfactory to the Township of Bayham is given, or utilizes a leave of absence for purposes other than those for which the leave of absence was granted. (h) Fails, during a prolonged absence due to sickness or disability, to provide satisfactory medical certificate to verify continuance of sickness or disability as requested. (i) Wilfully acts in a manner that endangers the safety of others or operates equipment in a careless manner. (j) Disclosed confidential information, as defined in Section 21 of this policy. (k) Theft. 32 TOWNSHIP OF BA YHAM PERSONNEL POL IC Y 18.0 RETIREMENT A regular and part-time employee's normal retirement date shall be the last day of the month in which the employee reaches his 65th birthday. Employees may, if they request, extend their date of retirement until the end of the calendar year in which they attain the age of 65 years. An employee may request early retirement in accordance with the provisions of OMERS. Regular and part-time employees may apply for a temporary or casual position. Temporary and casual employees may bg retained for a further period beyond the last day of month in which they reach their 65th birthday on a months to month basis at tht discretion of the Township providing: (a) The employee requests the extension of employment beyond retirement age, (b) There is a specific benefit for the Township to retain the employee on his job, (c) The employee is in satisfactory physical condition and this is confirmed by a medical examination, (d) The employee has not reached his 70th birthday, (e) The Township or the employee may affect termination at any time during this period. • TOWNSHIP OF BAYHAM PERSONNEL POLICY 31 Department Head a satisfactory certificate showing such period of service. Such employee will be paid his regular earnings for the period of such jury or witness service provided he shall deposit with the Treasurer of the Corporation the full amount of compensation received, excluding mileage and travelling expense, an official receipt therefore. If the employee presents himself for selection as a juror and is no selected, then he shall be required to return to his regular employment to complete his remaining normally scheduled work period. 17.7 Long Term Disability Leave (a) Regular employees on longiterm disability leave shall have their employee berfits administered on the following basis: (i) Full O.H.I.P. premiums will be paid by the Township for a period of 24 months from the date the employee first became absent from work due to illness or disability. (ii) Either full premiums for life protection, health protection and long-term disability will be waived or the Township will meet the cost of the Township's normal share of these premiums for a period of 24 months from the original date of illness or disability. (iii) No OMERS contribution will be made by either the Township or the employee • while the employee is on longer-term disability since provision is made under the OMERS plan for a disability pension or waiver of deductions during the period disability.disability. 30 TOWNSHIP OF BAYHAM PERSONNEL POLICY (ii) If the employee wishes to maintain the benefit coverage noted above, arrangements are to be made with the Township prior to commencement to leave and payment of the total premiums involved are to be made directly to the Township prior to or during the leave. (iii) No OMERS contributions will normally be made by either the Township or the employee, but the employee may arrange with OMERS to contribute for the broken service on behalf of the employee and the Township. (c) In the event an employee wishes to extend a maternity leave, she may make application in accordance with Section 17. 1. 17.5 Bereavement Leave (a) A regular, part-time or contract employee will, upon request, be granted paid leave of absence of up to five (5) working days immediately following the death of a spouse, child or step-child. (b) A regular or part-time employee will, upon request be granted paid leave of absence of up to three working days immediately following the death of a parent, grandchild, grandparent, stepmother, stepfather, brother, stepbrother, sister or stepsister, or parent of the employee's current spouse. (c) A regular, part-time or contract employee, will upon request, be granted paid leave of absence, not to exceed two days, to attend the funeral of the sister, brother, or grandparents of the employee's current spouse. (d) A regular, part-time or contract employee will, upon request, be granted paid leave of absence not to exceed one day, to attend the funeral of an aunt or uncle, fellow employee, a close friend or to serve as a pallbearer. (e) Paid leave of absence in respect of bereavement will only be allowed for days on which the employee has been scheduled to work. 17.6 Jury Duty (a) Any employee who is required to serve as a juror or subpoenaed as a witness in any court in Ontario,,shall granted a leave of absence for the days on which the employee would otherwise have been scheduled to work. (b) The employee shall be excused from work for that part of each day that the employee shall actually render service as a juror or as a witness. (c) Upon completion of his jury duty or witness service, such employee shall present to this TOWNSHIP OF BAYHAM PERSONNEL POLICY 29 required to notify their immediate supervisor of their inability to be at work because of sickness or disability. Employees may be required to produce proof of sickness or disability in the form of a medical certificate, and in the case of sickness or disability of more than three working days, an attending medical doctor's statement will be required. (c) If an employee is on a medical leave of absence defined above, the benefits enjoyed by the employee at the commencement of the absence shall continue in effect. 17.3 Occupational Medical Lead (a) A medical leave of absence under this section is defined as compensation payable by the Workers' Compensation Board to employees for injuries or illnesses sustained by the employee in the course of his employment. (b) Income protection for regular and part-time employees injured on the job shall be in accordance with the provisions of this policy. (c) Income protection for temporary or casual employees injured on the job shall be in accordance with the provisions of the Workers' Compensation Board. (d) Regular or part-time employees on occupational medical leave shall have the employee benefits they have at the time they become ill or injured administered on the following basis: (i) full O.H.I.P. premiums will be paid by the Township for a period of thirty-six (36) months from the date the employee first became absent from work due to illness or disability (ii) either full premiums for life protection, health protection and long-term disability will be waived or the Township will meet the cost of the Township's normal share of these premiums for a period of thirty-six (36) months from the original date of illness or disability. 17.4 Maternity Leave (a) A maternity leave of absence without pay shall be granted to a regular or part-time employee in accordance with the relevant provincial legislation. (b) While an employee is on maternity leave, maintenance of employee benefits will be administered on the following basis: (i) Coverage may maintained at employee expense for: life protection, health protection and income protection. 28 TOWNSHIP OF BAYHAM PERSONNEL POLICY 17.0 LEAVES OF ABSENCE 17.1 Personal Leave (a) A personal leave of absence under this policy is defined as a permitted leave of an employee without pay. (b) A personal leave of absence without pay may be granted to an employee for valid reasons. The employee is required to make advance application, in writing, to his immediate supervisor who shall review the request with the Department Head involved. (c) A personal leave of absence may be granted for a period of not mbire than 3001endar days. In the event airemployee wishes to use a personal leave of absence to extend a maternity leave, this period may be extended to not more than 90 calendar days. Extensions, in the 30 calendar day leave of absence, for all other personal leaves of absence will be considered only for very unusual circumstances and may be granted only upon approval of the Department Head and Council. (d) While an employee is on authorized leave of absence without pay, maintenance of employee benefits will be administered on the following basis: (i) In the event the leave of absence exceeds 10 working days, coverage may be maintained at the employees' expense for group life protection, health protection, and income protection with the understanding that if the leave of absence exceeds 10 working days, the sick leave credit and vacation accumulation for that month • shall be forfeited. (ii) If the employee wishes to maintain the benefit coverage noted above, arrangements, in writing, are to be made prior to commencement of the leave and payment of the total premium involved is to be made prior to or during the leave. (iii) No OMERS contributions will normally be made by the either the Township or the employee, but the employee may arrange with OMERS to contribute for the broken service on behalf of both the employee and the Township, subject to O.M.E.R.S. regulations. 17.2 Medical Leave of Absence (a) A medical leave of absence is defined as time off allowed for absence because of disability due to sickness or injury unrelated to work to a maximum of one hundred and ninefeen (119) days from the commencement of the absence. (b) A medical leave of absence shall normally be granted to regular and part-time employees who are absent from work because of a disability due to sickness or injury unrelated to work. In order to quality for short-term disability income, employees are TOWNSHIP OF BAYHAM PERSONNEL POLICY 27 16.0 PERFORMANCE REVIEW 16.1 Purpose The Township of Bayham wishes to recognize the performance of its employees through regular day-to-day communication and through more formal annual reviews with the supervising Department Head, and in the case of a Department Head, Council. It is also recognized that employees shall have a performance review under any of the following conditions: (a) Their Department Head or Council wishes to carry out a review. (b) They wish a review and so reques J (c) Any change in salaries recommended. (d) Once each year whether or not a salary change is recommended. The results of the review shall be recorded on the performance review form. 16.2 Salary Change Where a salary change is being recommended, the, Department Head or Council shall note on the review form the specific examples of the meritorious performance. These may be projects completed, systems implemented, work standards met or exceeded and similar factors. Similarly, when a deferred increase is being recommended, negative performance example shall be noted. For areas of performance judged less than satisfactory, the Department Head or Council and the employee should agree on specific improvements to be made. Similarly objectives for the forth coming review should be negotiated. The Department Head or Council should monitor the achievement of these improvements and objectives throughout the year, not just at review time. 26 TOWNSHIP OF BAYHAM PERSONNEL POLICY 15.0 VACANCIES 15.1 Decision to Fill Vacancies The decision to fill any job vacancy requires approval from Council. Job vacancies are also subject to Council's review and approval. 15.2 Posting and Advertising of Vacancies Employees shall be made aware of position vacancies which are created and or become available due to terminations, promotions, transfers or new positions. Vacancies shall be posted in the Municipal Office and any employee may apply. .J Unless decided otherwise by Council, position vacancies shall be advertised externally. No external advertising of a position vacancy shall be construed to preclude applications from Township employees. TOWNSHIP OF BAYHAM PERSONNEL POLICY 25 (p) Ontario Association of Fire Chiefs Fire Chief & Deputy Fire Chief Individual employees delegated to attend conventions, conferences and seminars above noted shall be reimbursed for expenses incurred in accordance with Section 13. r_. 24 TOWNSHIP OF BAYHAM PERSONNEL POLICY 14.0 MEMBERSHIP & ASSOCIATIONS The Township will pay the annual fees for required licenses and professional memberships held by permanent employees of the Township. The following licence fees will be paid by the Township: Name of Association Delegates Approved (a) Association of Municipal Clerks and Clerk Treasurer Treasurers of Ontario Deputy Treasurer • (b) Ontario Municipal Administrators Clerk Treasurer Association (c) Association of Municipal Tax Collectors Tax Collector of Ontario (d) Municipal Finance Officers Deputy Treasurer Association (e) Ontario Good Roads Association Municipality, Road Superintendent or his designate (f) Ontario Farm Drainage Association Drainage Superintendent (g) Ontario Building Officials Assoc. Chief Building Official (h) Ontario Association of Property Municipality, Property Standards Officers Standards Officer (i) Ontario Association of Committees Municipality, Director of of Adjustment and Consent Planning (j) Ontario Municipal By-Law Enforcement Municipal By-Law Enforcement Association Officer (k) Association of Municipalities of Ontario Municipality (1} Rural Ontario Municipality Association Municipality (m) County of Elgin Municipal Association Municipality (n) Ontario Road Superintendent's Association Road Superintendent (o) Drainage Superintendents Association Drainage Superintendent TOWNSHIP OF BAYHAM PERSONNEL POLICY 23 telephone calls. (e.g. where a conference requires attendance the day prior to commencement, arrive on Sunday for Monday, and the conference ends on Wednesday the delegate shall receive 3 per diems) 4. Twenty-five dollars ($25.00) for attendance at a day seminar where lunch is not provided to cover food and parking. (d) A regular or part-time employee, if elected to the Board of Directors of a provincial- municipal organization may, if Council provides by resolution, be reimbursed for expenses incurred in attending meetings of the Board of Directors in accordance with this Section providing the expenses are not covered by the provincial-municipal association. (e) From time to time, Department Heads and other supervisory staff are required to meet with representatives or provincial ministries or other organizations to discuss matters relating to their job requirements at the Township of Bayham. 22 TOWNSHIP OF BAYHAM PERSONNEL POLICY 13.7 Financial Assistance (a) In-house Training All costs associated with in-house training activities shall be fully funded by the municipality. (b) Educational Courses/Programs Employees/councillors who participate in educational courses shall receive the following financial assistance from the Township: 1. Job-related courses that provide no immediate benefit relative to the employee's current job duties but will assist the employee in promotion to other positions within the Township organization will be paid at the rate of fifty percent (50%). 2. Job-related courses that will provide an immediate benefit relative to the employee's current job duties will be paid at a rate of seventy-five percent (75%). 3. Courses that are deemed essential to the effective and efficient performance of the employee's current job duties and which the employee has been directed to take by the Department Head will be paid at a rate of one hundred percent (100%) Qn enrolment. 4. Reimbursement of the allowable tuition expenses shall be made for courses taken except as noted in 3. above upon successful completion of the course. 5. Reimbursement of all text/material fees shall occur upon submission of proof of purchase. (c) Seminars/Conventions. Conferences The Township shall offer the following financial assistance to municipal delegates attending seminars, conventions or conferences: 1. Transportation expenses of delegate to and from the seminar, convention or conference. If delegate drives his own car, he shall be paid at the rate provided for in Section 11 .0. If the employee travels by train or plane, a receipt is required. 2. Ali registration fees levied by the seminar, convention or conference. 3. Two hundred and twenty-five dollars ($225.00), where the seminar, convention or conference requires overnight accommodations, for each actual day/night of the convention or conference, to cover food and hospitality expenses, if exclusive from the registration fee and sundry expenses such as taxi, parking and personal TOWNSHIP OF BAYHAM PERSONNEL POLICY 21 13.5 Eligible Activities (a) Work-related training activities sponsored by a recognized municipal or professional association. (b) Professional or continuing education course/programs offered by a recognized educational institution or professional organization. (c) Training opportunities and/or certification programs sponsored by a Provincial ministry of other government agency. (d) In-house training sessions car professional development activities offered in conjunction with other local municipalities. 13.6 Procedures (a) In-house Training The Township may, at the discretion of the Clerk, offer employees in-house training opportunities. Attendance at these instructional sessions shall be determined by the Department Head in accordance with municipal needs and objectives. (b) Educational Courses/Programs The Township Council may, upon recommendation by a Department Head, request employees to enrol in a training or certification as a requisite for current job responsibilities or in preparation for future work-related duties. Any other municipal employee, appointee or councillor who wishes to participate in external training or development activities may apply to the Council for financial assistance from the municipality. To quality for financial assistance, the course/program must be directly related to duties currently performed for the Township or have direct application to anticipated job responsibilities. In addition, all requests must be approved by the Council prior to enrolment in the chosen course of study and shall be subject to budgetary constraints. (c) Seminars/Conventions/Conferences The Township may, at the discretion of the Council, delegate staff to attend training seminars, conventions or conferences as representatives of the municipality. Elected/appointed officials who wish to attend a seminar or conference of interest shall notify the Clerk of their intent to attend at least one week prior to the event. 20 TOWNSHIP OF BAYHAM PERSONNEL POLICY (d) it is assessed to identify gaps or omissions that should be addressed in future training. (e) an ongoing record of all such training is maintained in each employee's file to allow for future assessments relative to the training and skills acquired. Through this process, a recommended budget amount will be provided Council each year and training will be provided within the funds allocated by Council. The Township wishes to encourage employees to continually update and advance their education, skills and abilities as they relate to their job duties, to provide an incentive for employees to expand their abilities relative to job promotion and mobility within the public sector. 4 13.3 Eligible Expenses and Requirements The Township will pay for the cost of tuition fees and books for job-related courses that have been successfully completed on the following basis: (a) All courses must receive approval prior to the commencement of the course. An employee will obtain approval from his/her Department Head and Council by completing the form titled "Approval for Course Assistance". (b) Upon successful completion of the approved course, the employee will forward proof of successful completion and receipts for the course and books to the Department Head who will arrange the appropriate payment through finance. (c) The funding of this policy will be through the budget process and includes each department budget. 13.4 Eligible Participants (a) Councillors Members of the Municipal Council of the Corporation of the Township of the assistance to participate in training and development activities may not extend beyond the current term of Council. (b) Municipal Employees Full-time employees of the Township of Bayham. Other types of employees (part-time, contract, temporary) may receive financial assistance at the discretion of Council. (c) Appointed Officials Individuals appointed by Council to serve on the Township's various committees, statutory bodies and local boards. • TOWNSHIP OF BAYHAM PERSONNEL POLICY 19 13.0 EMPLOYEE TRAINING & DEVELOPMENT 13.1 Definitions (a) T inin Instructional activities designed to enable individuals to perform their present duties in a more effective and efficient manner, generally related to upgrading/updating specific job procedures. (b) Development • Educational and certification programs designed to prepare participants for future or added responsibilities, with an emphasis on personal knowledge and abilities. (c) In-house Training On-the-job training opportunities offered or sponsored by the Township normally conducted at a municipal facility during regular office hours. (d) Educational Courses Programs\courses offered by a recognized educational institution or professional organization, generally towards a certificate, diploma or designation. (e) Seminars/Conventions/Conferences Training or development activities of two days or less in duration, usually sponsored by a municipal/professional organization at an external facility, may also include the business or annual meetings of associations. 13.2 Statement of Policy It is required that in order to maintain an efficient, productive and well-run operation, the Township of Bayham will provide funds for paid employee training to update and improve an employee's work-related skills. All such training will be co-ordinated through the Department Head and Council to provide that; (a) it meets the current needs of the Township. (b) it applies to those areas of greatest need. (c) it is assessed subsequent to the training to evaluate its worth to the Township and individual employee. 18 TOWNSHIP OF BAYHAM PERSONNEL POLICY 12.0 VEHICLE ALLOWANCE Employees, when required to use their personal vehicles on Township business, will be reimbursed for mileage at the prevailing rate established by Council in that year. These rates will be reviewed annually by Council. i TOWNSHIP OF BAYHAM PERSONNEL POLICY 17 11.0 CLOTHING ALLOWANCE The Township will allow $200.00 per year to each full-time Road Department employee and each part-time hourly rated employee designated by the Works Superintendent to assist with the purchase of safety footwear. The payment shall be made in conjunction with the first cheque distributed in March, June, September and December each year. • • • 16 TOWNSHIP OF BAYHAM PERSONNEL POLICY (iii) The employee will receive the Workers' Compensation cheque directly. The employer will pay the amount required to continue regular earnings (usually approximates one-quarter of the daily earnings) on a bi-weekly basis. Income Tax, CPP and UIC will be deducted from the amount paid by the employer. (iv) The employee will be required to complete an OMERS Disability Elimination Period Election Form. If he elects not to continue to OMERS during the first 17 weeks he is on Workers' Compensation, the absence becomes a period of broken service which cannot be purchased as broken service. If the employee elects to contribute to OMERS during the disability elimination period (first 17 weeks) and accrue credit service, he shall pay the OMERS amount calculated on hi regular bi-weekly pay to the emptoyer on a bi-weekly basis and the employer will match the employee contribution. (v) In the event the sick leave credits are insufficient to carry the employee to the 1,029th day of disability (156 weeks), the employee shall receive the actual amount paid by Workers' Compensation. (vi) On the 1,029th day of disability, the employee shall be subject to the conditions set out in Section 13.0 of the Personnel Policy. 10.4 Pension for Regular Employees Retirement income administered by and in accordance with the provisions of the Ontario Municipal Employee's Retirement System (O.M.E.R.S.) is compulsory for every regular employee of the Township from date of hire. This plan is integrated with the Canada Pension Plan. The deduction made from the employee is matched by the Township monthly and forwarded to the Ontario Municipal Employee's Retirement System. The following statutory benefits are deducted from regular employees in accordance with the appropriate legislation: (a) Unemployment Insurance (b) Canada Pension Plan 10.5 Benefits for Retirees Regular employees who retire early from the Township of Bayham may, if they so choose, purchase group life insurance and/or health insurance at the Township group rates until they reach their 65th birthday. Premiums will be paid to the insurance carrier by the Township after receiving the premium payment from retired employee. TOWNSHIP OF BAYHAM PERSONNEL POLICY 15 10.3 Income Protection (a) Sick Leave Sick leave credits will be accumulated at the rate of one and (1.00) day per month to be used strictly for personal illness or accidental according to the formula described above. Sick leave credits cannot be accumulated beyond the year in which they were earned and will have no cash value on either termination or retirement. A regular employee shall be entitled to use up to four (4), days per calendar year from his/her accumulated sick lea a to attend to spouse, child or parent on)special ' compassionate grounds which are medically related. (b) Short-term Disability Short-term disability income will 5e paid from the first day of absence due to illness or non-occupational accident and for a period of continuous absence up to 119 calendar days at 60% of the employee's regular pay. Each separate period absence, of any duration, will be treated as a new absence for purposes of short-term disability. (c) Long-term Disability A Long-term Disability Plan (L.T.D) provides regular employees with 66.7% of basic monthly earnings up to a maximum of $4,000 per month pay, payable up to age 65 years after the initial period of 119 days during which time short-term disability coverage, as described in Section 3. 1 above, will be in effect. The cost of this long-term disability insurance plan will be paid 100% by the Township effective the first day of the month following three continuous months' service. (d) Income Protection for Regular Employees Injured on the Job (i) An employee who is injured while at work and as a result of such injury is certified by a medical doctor as unfit to complete the working day, shall receive pay at the regular rate for time lost on the day that such injury is sustained and no deduction will be made from sick leave credits with respect to that particular working day. (ii) Where an employee is absent from work as a result of an illness or injury compensable under the Workers' Compensation Act, and is in receipt of Workmen's Compensation, his salary shall be paid for by the Township and shall be charged against his/her sick leave credits. 14 TOWNSHIP OF BAYHAM PERSONNEL POLICY 10.0 BENEFITS 10.1 Life Insurance All regular employees will be entitled to receive Group Life Insurance equivalent to 200% of basic annual earnings rounded to the next higher $1,000.00 effective on the completion of one month of continuous full-time employment, 100% Township paid, to a maximum of $500,000. In addition, the Township will pay 100% of the cost of group Accidental Death and Dismemberment Insurance (AD & D) equivalent to 200% of basic annual earnings rounded to the next higher $1,000.00 up to-a_maximum of $250,000 for all regular employees. �. 10.2 Health Insurance (a) Ontario Health Insurance Plan (O.H,I,P.) The costs for this coverage will be paid by the Township through a payroll tax. All regular employees and eligible dependents are covered. (b) Health Insurance The plan covers prescription drugs, semi-private hospitalization and other eligible expenses outlined in detail in the Employee Group Insurance Plan booklet. The plan will pay 100% of eligible expenses with no deductible, and the cost for this plan is 100% Township paid--effective the first day of the month following three months of continuous service for all regular employees and eligible dependents. (c) Dental Insurance The plan covers basic dental expenses as outlined in the employee Group Insurance Plan booklet based on current Ontario Dental Association rates--75% paid by the Township effective the first day of the month following three months continuous service for all regular employees and eligible dependents. (d) Vision Insurance The plan provides for a maximum of $125.00 per person per two-year period toward the reasonable charges for contact lenses and eyeglass lenses and frames that are prescribed or recommended by a physician or optometrist. (e) Claims Submittal Insurance claim forms for each of (b), (c) and (d) above must be completed and submitted to the administrator of the plan according to the procedures set out in the Group Insurance Plan booklet. TOWNSHIP OF BAYHAM PERSONNEL POLICY 13 9.0 OVERTIME 9.1 Road Department Employees (a) Hourly Employees When the tasks of a job within the department cannot be completed during the standard hours for that job, or if unusual circumstances arise, extra hours may be worked when approved by the Road Superintendent. All hourly paid Roads employees working in excess of the hours of work noted in Section 5.2 shall receive remuneration at the regular hourly rate in addition,shall be allowed equal time off in lieu. Overtime shall be recorded to the nearest one-Half (1/2) hour and an employee must wojk at least ori- half (1/2) hour to qualify for overtime. (b) Salaried Employees When the tasks of a job within the department cannot be completed during the standard hours for that job, or if unusual circumstances arise, extra hours may be worked. Salaried Roads employees working in excess of the hours of work noted in Section 5.2 shall receive remuneration at the regular hourly rate. Overtime shall be recorded to the nearest one-half (1/2) hour and an employee must work at least one-half (1/2) hour to qualify for overtime. 9.2 Administrative Staff (a) Hourly Employees When the tasks of a job within the department cannot be completed during the standard hours for that job, or if unusual circumstances arise, extra hours may be worked when approved by the Department Head. All hourly paid Administrative Staff working in excess of the hours of work noted in Section 5. 1 shall receive remuneration at time and one-half of the regular wage. Overtime shall be recorded to the nearest one-half (1/2) hour and an employee must work at least one-half (1/2) hour to qualify for overtime. (b) Salaried Employees The regular duties of salaried employees include working additional hours, as may be required, including attendance at Committee or Council meetings and work related functions outside normal working hours. As these factors have been taken into account in the ,job classifications, these positions are not eligible to receive overtime pay. In recognition of additional hours the Clerk Treasurer, Deputy Treasurer/Tax Collector and Chief Building Official shall receive an additional one week in vacation. If, due job duties, this additional week of vacation can not be used in accordance with the provisions of Section 6, the employee may receive compensation for any unused vacation credits. 12 TOWNSHIP OF BA YHAM PERSONNEL POLICY the change in the duties of the position. The completed job fact sheet should be presented to the employee's Department Head for review and approval. If the Department Head concurs with the employee's assessment, he shall sign the job fact sheet and forward it to Council. Council shall assess the position using the point system to determine is the position requires an adjustment in the salary range. If the Department Head does not concur with the employee's assessment of the position, the employee may appeal directly to Council for an assessment of his position. (b) The Department Head may also initiate a review of a job class, if he feels that position duties have changed. In this case, the Department Head shall complete the job fact sheet, indicating the change in Nsition duties. The completed job facteet shall b employee em to ee shall then either sign the reviewed with the employee. The _ fact sheet, J or add any additional comments that he feels need further explanation. The completed job fact sheet, including any employee comments, shall be forwarded to Council for its review. 8.4 New Employees Employees, who are new to a position and who possess the qualifications to assume the basic duties and responsibilities of that position, shall normally be assigned to the base rate of the particular salary range. However, if a new employee has significant prior experience in a similar position, or special skills which shall be of immediate benefit without extensive on-the- job learning, he/she may be hired at a rate higher in the range. 8.5 Salary Adjustments Adjustments to the Township's salary ranges may occur as follows: (a) Incremental increases to salary ranges shall be determined by Council each December for the following year and are to reflect changing economic conditions and other such factors. These adjustments shall be calculated as follows. i) In the first year after the adoption of this policy the salary ranges shall be adjusted by a percentage factor. ii) In the second year after the adoption of this policy the salary ranges shall be adjusted by a per hour figure. iii) In all succeeding years adjustments shall continue on a rotating basis with a percentage factor followed the next year with a per hour adjustment. iv) Where no salary adjustment is granted the method of calculating an adjustment shall be deferred until the next adjustment is granted. TOWNSHIP OF BAYHAM PERSONNEL POLICY 11 8.0 SALARY 8.1 Purpose and Objectives The purpose of this policy is to strengthen the merit principle as a fundamental part of the Township's corporate philosophy by emphasizing pay for performance encouraging an achieving environment, granting flexibility to reward employees according to performance and providing incentives to excel. The salary structure is based on the results of job grading for all permanent positions. The salary ranges reflect the relative values within each job for responsibilities, skill, effort, working conditions and education/special training or other qualifications required in order to be placed in that job. The salary ranges within the salary structure are reflective of the pay practices of other organizations in the soul iwestern Ontario market, and particularly other municipalities and public sector entities. The base rate represents the pay level"for fully competent performance in the complete job. Movement within the salary grades are based on the employees performance in the job. The following objectives were used to develop the salary ranges: (a) Salary ranges should permit a progression from a stipulated minimum to a maximum and should cover each group of positions considered to have a similar level of responsibility and requirements. (b) The ranges should reflect, within reasonable limits, salary levels realistically placed that will allow the Township to attract and retain persons capable of meeting the requirements of the position. (c) Differentials between ranges should be sufficiently wide to provide adequate recognition of the differences in responsibilities and requirements between senior and subordinate positions. 8.2 Department Heads The Department Heads, in conjunction, shall: (a) Consider, determine and recommend to Council the salary range for all new positions. (b) Review the adequacy of the salary ranges as a whole to determine the recommended annual economic adjustment. (c) Re-evaluate pgsitions due to job changes. 8.3 Review of Job Class (a) If an employee initiates a job review, he/she should fill out a job fact sheet indicating 10 TOWNSHIP OF BA YHAM PERSONNEL POLICY 7.0 HOLIDAYS 7.1 Statutory and Civic Holidays The following days will be recognized as paid holidays: New Year's Day Labour Day Good Friday Thanksgiving Day Easter Monday Remembrance Day Victoria Day Christmas Day Dominion Day ,. Boxing Day Civic Holiday • Whenever any of the above noted holidays fall on a Saturday or Sunday and are not proclaimed as being observed on some other work day, the following Monday and/or Tuesday shall be deemed to be a holiday, unless otherwise specified by Council. In order to qualify for payment of the above holidays, a regular or part-time employee is required to work the full regular shift immediately preceding and the full scheduled shift immediately succeeding the holiday except where absence on either both of these shifts is due to vacation or verified personal illness and the individual is in receipt of short-term disability income. Payment for the holidays shall be equal to the employee's regular earnings. In the case of a part-time employee, the payment shall be equal to the number of hours usually worked by the part-time employee pro-rated over a five day work period. 7.2 Floating Holidays In addition to the holidays noted above, the afternoon prior to Christmas Day and the afternoon prior to New Year's Day shall constitute additional paid holidays at normal rates, provided however, that Christmas and New Year's half holidays will be observed on the working days preceding the respective holidays except when Christmas Day and New Year's Day falls on Saturday, Sunday, or Monday, in which case the half holiday will be observed on the preceding Friday afternoon. TOWNSHIP OF BAYHAM PERSONNEL POLICY 9 6.9 Retirement Retiring employees may retire early on such date that the unused vacation entitlement may allow. 6.10 Vacation Year For the purpose of taking vacation, the vacation year shall commence as of January 1 of any year and end December 31 of the same year. Employees will be allowed to take their vacation entitlements anytime in the calendar year in which they qualify subject to the following conditions: (a) If an employee terminates employment prior to his anniversary date, vacation entitlement will be pro-rated back to his anniversary date and paid accordingly. (b) If an employee terminates employment on or after his anniversary date, he will receive full vacation entitlement plus a pro-rated amount of vacation from his anniversary date to the date of termination. 6.11 Seniority If a conflict should arise among employees in the selection of vacations, the employee with the longest service with the Township will be given preference. 8 TOWNSHIP OF BAYHAM PERSONNEL POLICY 6.4 Scheduling Generally, vacation days may not be taken in advance of being credited. If, as a result of unusual circumstances an employee requires vacation days prior to being credited with sufficient days to cover his needs, he may be granted the vacation days required providing the days do not exceed five days in addition to those credited at the time the request is made and providing he is willing to acknowledge, in writing, that in the event he was to terminate employment prior to sufficient credits being earned to cover the additional days requested, the Township has the right to reduce his final earnings accordingly. When a specified paid holiday, noted in section 6, falls during the vacation period, one additional day shall be granted at a time convenient to the Township and the employee. 6.5 Hospitalization If an employee becomes hospitalized during a vacation, he may be granted alternative vacation days equivalent to the number of vacation days hospitalized (excluding non-scheduled work days) providing: (a) The employee was hospitalized in a recognized institution and verification of this is received. (b) The alternative days are taken at time mutually convenient to the employee and his supervisor. 6.6 Accumulation of Vacation Credits Employees may not accumulate vacation credits. However, with approval of Council the employee may receive remuneration for vacation credits not used during the previous year. This request must be submitted, in writing, to Council at its first meeting in the month of December. 6.7 Road Department Shut-down It is recognized that it is difficult for Roads Department employees to take vacation entitlements during the construction season. Therefore, Roads Departments staff will take a two week vacation during a shut-down in the first two weeks of July each year. 6.8 Death of an Employee Any unused vacation credits will be paid to the estate of a deceased employee. TOWNSHIP OF BAYHAM PERSONNEL POLICY 7 6.0 VACATIONS • 6.1 Full-time Employees Vacation credits shall be accumulated by regular employees monthly from date of employment. A regular employee may, with the consent of his supervisor, take vacation at any time, providing he has sufficient credits accumulated to cover his absence, but in no instance shall the amount deducted for vacation taken be less than one-half day. Regular employees shall receive the following: (a) Basic holiday of ten days per annum with pay which shall be accumulated at the rate of .83 days per month. (2 weeks per annum). (b) After the completion of 5 years continuous service, fifteen days per annum with pay which shall be accumulated at the rate of 1.25 days per month (3 weeks per annum). (c) After the completion of 10 years continuous service, twenty days per annum with pay which shall be accumulated at the rate of 1 .66 days per month (4 weeks per annum). (d) After the completion of 15 years continuous service, twenty-five days per annum with pay which shall be accumulated at the rate. of 2.08 days per month (5 weeks per annum). (e) After the completion of 21 years continuous service, thirty days per annum with pay which shall be accumulated at the rate of 2.5 days per month (6 weeks per annum). 6.2 Calculation of Part year Vacation Credits Where applicable a regular employee, depending on his date of employment, shall have vacation credits accumulated as follows: (a) If his date of employment is from the first to the fifteenth of the month, one full credit for the month. (b) If his date of employment is from the sixteenth to the end of the month, one half of the normal month credit. 6.3 Contract, Temporary, Casual and Part-time Employees Contract, Temporary, Casual and Part-time employees shall receive vacation pay at the rate of 4% of all the moneys earned payable bi-annually. 6 TOWNSHIP OF RAYHAM PERSONNEL POLICY 5.0 HOURS OF WORK 5.1 Administrative Staff Normal work day - 7 hours Normal work week - 35 hours, Monday to Friday Normal working hours - 8:30 A.M. to 4:30 P.M. with one (1) hour for lunch 5.2 Roads Staff May 1 - October 30 Normal work day - 9 hours Normal work week - 44 hours Normal working hours - 7:00 A.M. to 4:30 P.M. (except Friday, 7:00 A.M. - 3:30 P.M. with one-half (1/2) hour for lunch November 1 - April 30 Normal work day - 8 hours Normal work week - 40 hours Normal working hours - 7:00 A.M to 3:30 P.M. with one-half (1/2) hour for lunch 5.3 Rest Periods Each employee is entitled to two 15 minute rest periods. TOWNSHIP OF BAYHAM PERSONNEL POLICY 5 4.0 PROBATIONARY PERIOD The probationary period for a new employee shall start on the date in which the employee commenced regular or part-time employment with the Township of Bayham. Continued employment shall depend on the employee having satisfactorily completed the probationary period. Probationary periods are as follows: (a) Department Heads - six months (b) All non-Department Heads - three months j Probationary periods can be extended for one additional period of up to six months for Department Heads and up to three months for non-Department Heads. Approval must be given by Council for all extensions. 4 TOWNSHIP OF BAYHAM PERSONNEL POLICY 3.0 EMPLOYMENT 3.1 Recruitment and Placement All applicants for employment will be recruited, hired and thereafter assigned, transferred, up- graded, promoted or compensated solely on the basis of merit, ability and length of service without regard to race, creed, colour, age, sex, marital status, nationality, ancestry or place of origin. In selecting individuals for employment, the Township shall have regard for the Employment Equity Act, however full consideration is to be given to education, aptitude training, experience, character and physical fitness. Every reasonable effort is to be made to place an employee in an assignment which twill make the best possible use of the employee's abilities and in which the employee will-fine personal satisfaction and opportunity. 3.2 Hiring of Relatives The relative of an employee may be hired provided that an application has been processed in the normal manner and the candidate is the best qualified with respect to the employment standards required for the position. A relative of an employee may be hired provided that the candidate is not assigned to a position where he or she would answer directly to a related employee who is filling a supervisory position with the Municipality unless otherwise approved by Council. 3.3 Job Descriptions • From time to time job descriptions shall be reviewed by the appropriate Department Head and recommendations to Council should be made if any revisions are required. TOWNSHIP OF BAYHAM PERSONNEL POLICY 3 and aptitude. 2.8 "Seniority" means the continuous length of service with the Township dating from the last date of hire as a regular or part-time employee. Seniority for part-time employees will be pro-rated in accordance with relationship of the hours worked by a regular employee in a similar assignment and seniority may be affected by leaves of absence without pay. A person hired to fill a position deemed a "Contract Position", that is not approved as a full time, permanent position, by Council, will accrue seniority from the date of hire. However, this seniority will not be effective unless and until the position is approved as a full time, permanent aud therefore the employee is accorded se iiority back the original date of hire. TOWNSHIP OF BAYHAM PERSONNEL POLICY 2.0 DEFINITIONS 2. 1 "Regular Employee" means a salaried officer, clerk, workman, servant or any other person employed on a continuous full-time basis for at least thirty-five (35) hours during a normal work week. 2.2 "Part-time Employee" means an employee who regularly works less hours than the hours worked by a regular employee in a similar assignment in the same department but who works on average in excess of ten hours in one week but less than twenty-four hours per week. 2.3 "Temporary Employee" means arson who is employed to undertake a specific function which is for a definite term or a task or which is seasonal in nature (i.e. grounds keeper, labourer, individual filling in for an employee on leave, etc.) 2.4 "Casual Employee" means: (a) Students. (b) Any person employed on an occasional basis who, at the time of hiring, is expected to be employed for a period of less five (5) consecutive months. (c) A person employed under an Employment Incentive Program financed through public funds. (d) A person employed for discontinuous periods of work or to do work on an irregular basis. (e) A person employed on regular basis for ten hours or less per week. 2.5 "Contract Employee" means a person employed to undertake a specific function for a set period of time not to exceed a twelve month term period. A contract can be renewed at the option of both parties. 2.6 "Department Head" means: (a) Clerk/Treasurer (b) Deputy Treasurer/Tax Collector (c) Road Superintendent. (d) Chief Building Official 2.7 "Qualified" means an employee who is capable of competently completing the duties and responsibilities of a position because of his skill, experience, training, education, AIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIMIIIIIIIIIIIIIIIIIIIIIIII III TOWNSHIP OF BA YHAM PERSONNEL POL/C Y . 1.0 STATEMENT OF POLICIES It is the policy of the Township of Bayham to achieve and maintain an understanding between -- its elected officials and its appointed staff with regar s to e management of its human resources to ensure that all personnel work effectively safely anon harmony with one and another. This document is intended to inform the employees of the rights, privileges and benefits of their continued employment with the Township of Bayham and what the Township expects of them with regards to these conditions. The Reeve and Council will retain overall responsibility for personnel]manageme�t for the Township of Bayham. Council will be responsible for setting policy with the management of the Township's resources and for determining priority in their execution. Staff will be responsible for ensuring that these policies are implemented. This policy covers full and part- time employees of Township of Bayham, its local boards, commissions and any appointments made by Council. Once policies are approved and priorities are ordered, staff will carry these forward without Council interference. Council will not become personally involved in the Townships administrative work nor in the operation of its equipment. Staff will be expected to keep Council informed of any changes in the ordered priorities as dictated by unusual circumstances. • • . ,. i TABLE OF CONTENTS APPENDICES A JOB DESCRIPTIONS B CURRENT SALARY RANGES C CURRENT VEHICLE EXPENSE ALLOWANCE D ORGANIZATIONAL STRUCTURE TABLE OF CONTENTS SECTION TOPIC PAGE 17.0 LEAVES OF ABSENCE (Continued) 17.6 Jury Duty 30 17.7 Long Term Disability Leave 31 18.0 RETIREMENT 32 19.0 TERMINATION OF EMPLOYMENT 33 20.0 EMPLOYEE COMPLAINTS 34 21.0 CONFIDENTIAL INFORMATION 35 22.0 HEALTH AND SAFETY 22. 1 Purpose 36 22.2 Duty of Supervisor 36 22.3 Duty of Employee 36 23.0 CODE OF ETHICS 23. 1 Purpose 37 23.2 Gifts and Benefits 37 23.3 Use of Municipal Property 37 23.4 Political Activity 37 23.5 Other Business Dealings 38 23.6 Media Relations 38 23.7 Confidential Information 38 23.8 Distribution of Literature from 39 Outside Agencies 23.9 Staff/Council Relations 39 23. 10 Conflict of Interest 39 23. 11 Compliance 39 24.0 STAFF APPOINTMENTS TO COMMITTEES AND BOARDS 24. 1 Approval 41 24.2 Written Request 41 25.0 OCCASIONS REQUIRING FLOWERS TO BE SENT 25. 1 Councillors and Employees 42 25.2 Other Occasions 42 TABLE OF CONTENTS SECTION TOPIC PAGE 9.0 OVERTIME 9. 1 Road Department Employees 13 9.2 Administrative Staff 13 10.0 BENEFITS 10. 1 Life Insurance 14 10.2 Health Insurance 14 10.3 Income Protection 15 .,,. 10.4 Pension for Regular Employees 16 10.5 Benefits for Retirees 16 11.0 CLOTHING ALLOWANCE 17 12.0 VEHICLE ALLOWANCE 18 13.0 STAFF TRAINING 13. 1 Definitions 19 13.2 Statement of Policy 19 13.3 Eligible Expenses and Requirements 20 13.4 Eligible Participants 20 13.5 Eligible Activities 21 13.6 Procedures 21 13.7 Financial Assistance 22 14.0 MEMBERSHIPS & ASSOCIATIONS 24 15.0 VACANCIES 26 16.0 PERFORMANCE REVIEWS 16. 1 Purpose 27 16.2 Salary Change 27 17.0 LEAVES OF ABSENCE 17. 1 Personal Leave 28 17.2 Medical Leave of Absence 28 17.3 Occupational Medical Leave 29 17.4 Maternity Leave 29 17.5 Bereavement Leave 30 TABLE OF CONTENTS SECTION TOPIC PAGE 1.0 STATEMENT OF POLICIES 1 2.0 DEFINITIONS 2 3.0 EMPLOYMENT 3. 1 Recruitment and Placement 4 3.2 Hiring of Relatives 4 3.3 Job Descriptions 4 4.0 PROBATIONARY PERIOD 5 • -,� 5.0 HOURS OF WORK 5. 1 Roads Staff 6 5.2 Administrative Staff 6 5.3 Rest Periods 6 6.0 VACATIONS 6. 1 Full-time Employees 7 6.2 Calculation of Part year Vacation Credits 7 6.3 Contract, Temporary, Casual and Part-time 7 Employees 6.4 Scheduling 8 6.5 Hospitalization 8 6.6 Accumulation of Vacation Credits 8 6.7 Road Department Shut-down 8 6.8 Death of an Employee 8 6.9 Retirement 9 6. 10 Vacation Year 9 6. 11 Seniority 9 7.0 HOLIDAYS 7. 1 Statutory and Civic Holidays 10 7.2 Floating Holidays 10 8.0 SALARY 8. 1 Purpose and Objectives 11 8.2 Department Heads 11 8.3 Review of Job Class 11 8.4 New Employees 12 8.5 Salary Adjustments 12 TOWNSHIP OF BAYHAM PERSONNEL POLICY Adopted by By-law No. 94-62 on November 17, 1994 CORPORATION OF THE TOWNSHIP OF BAYHAM BY-LAW NO. 94-62 A BY-LAW TO ADOPT A PERSONNEL POLICY WHEREAS the Council of the Township of Bayham recognizes the need for a clear and concise set of policies concerning personnel management; AND WHEREAS Council of the Township of Bayham is desirous of collating all policies in one manual so as to aid Council and Staff; AND WHEREAS the Council of the Corporation of the Township of Bayham deems it advisable that the Personnel Policy be confirmed and adopted by by-law. THEREFORE THE COUNCIL OF THE CORPORATION OF THE TOWNSHIP OF BAYHAM ENACTS AS FOLLOWS: 1. THAT the Personnel Policy attached hereto as Schedule "A" is hereby adopted as the polices and practices to be used in the management of personnel. 2. THAT said Policy is attahed►hereto as Schedule "A" and forms a past of this bylaw. 3. THAT this by-law shall come into full force and effect upon final passing. READ A FIRST AND SECOND TIME this 17th day of NOVEMBER, 1994. READ A THIRD TIME AND FINALLY PASSED this 17th day of NOVEMBER, 1994. • - REEVE CLERK CORPORATION OF THE TOWNSHIP OF BAYHAM BY-LAW NO. 94-61 A BY-LAW TO CONFIRM ALL ACTIONS OF THE COUNCIL OF THE CORPORATION OF THE TOWNSHIP OF BAYHAM AT THE REGULAR MEETING HELD NOVEMBER 3RD, 1994 WHEREAS under Section 9 of the Municipal Act, R.S.O. 1990 Chapter M.45 the powers of a municipal corporation are to be exercised by the council of the municipality; AND WHEREAS under Section 101 of the Municipal Act the powers of council are to be exercised by by-law; AND WHEREAS the-Council of the Corporation of the Township of Bayham deems it advisable that the proceedings of the meeting be confirmed and adopted by by-law. THEREFORE THE COUNCIL OF THE CORPORATION OF THE TOWNSHIP OF BAYHAM ENACTS AS FOLLOWS: 1. THAT the action of the Council of the Corporation of the Township of Bayhann in respect of each recommendation and each motion and resolution passed and other aciion by the Council at its meeting held November 3rd, 1994 is hereby adopted and confirmed as if all proceedings were expressly embodied in this by-law. 2. THAT the Reeve and Clerk of the Corporation of the Township of Bayham are hereby authorized and directed to do all things necessary to give effect to the action the Council including executing all documents and affixing the Corporate Seal. READ A FIRST AND SECOND TIME this 3rd day of NOVEMBER, 1994. READ A THIRD TIME AND FINALLY PASSED this 3rd day of NOVEMBER, 1994. REEVE CLERK P. A7c) I 4- e . ---) y9 ...... ) ( e J (-) -- Bayham Township By Laws N , tot Alk By-Laws # 94-61 �- #94-72 1994