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HomeMy WebLinkAboutPort Burwell By-Laws 1971 Port Burwell BrLaws 10111 3 Melia 411111 By-Laws # 248- 278 1971 - 1973 i 1 .--- . i THE MUNICIPALITY OF VILLAGE OF PORT BURWELL 1V 14 8 Meeting Jan. 5 09 71 Moved By ..... .� 1_fir.K:._.. e.. . -----_............. ' That leave be granted to introduce By-law to Seconded By .�.—_�?-G�:'.tJ//,�-4'��2 �� ._.-.�. provide regulations governing the collection and remov11 of rarbare, ashes a:Ad other refuse in the Villave of Port Burwell. • and that Bylaw presented herewith be read a first time. By-law read a ..ar.3t..____._.-.time Ma►ed By .__ _ _ .� .-----.. That By-law now read a first time be read a '\ .y second time forthwith. Seconded By ..___._r=fZ�-r�C'!/.a_'. By-law read a ..___.second time Moved _ - ' - -—��>>f ..----- i That By-law now read a second time be read �j, a third time forthwith. Seconded By ----Z-lrt�`- - - By-law read a __Sclair_i_ time Moved By 7--ha-4e.........73 filer .-�.._ .._.... That By-law now read a third time do pass, be engrossed by the Clerk, and signed and Seconded By--_- -- Csealed by the Reeve. 2../ ieti?-/ • S • • VILLAGE OF PORT BURWELL BY-LAW NO. o� / To provide regulations governing the collection and removal of garbage, ashes and other refuse in the Village of port Burwell. • BY-LAW NO. To provide regulations governing the collection and removal of garbage, ashes and other refuse in the Village of Port Burwell. THE COUNCIL OF THE CORPORATION OF THE VILLAGE OP PORT BURWELL ENACTS S FOLLOWS: 11111 . 1.1 DEFINITIONS In this by-law 1.1.1 "Ashes" shall mean the residue of any household fuel after such fuel has been consumed by fire. 1.1.2 "Collector of Garbage:" or "Collector" : shall mean any person or persons who, for the time being, has been awarded a contract for the collection of garbage in the Village of Port Burwell. • 1.1.3 "Garbage" shall mean all rejected, abandoned, or discarded household waste, either animal or vegetable, all household rubbish and garden clippings. Tree limbs and brush cut in lengths not exceeding 3 feet and tied securely in bundles, and empty cartons, crates and packing cases, packaged and securely tied in bundles not exceeding 3 feet in length, width or heighth and not exceeding 751bs. in weight, shall be included in this definition. 1.1.4 "Hazardous Substance" means a substance which, because of its physical or chemical nature or because of the form in which it exists, may explode or become ignited easily and cause intense fires. 1.1.5 "Householder" means any owner, lessee, tenant, occupant, restaurant or person controlling the property under consideration. 2.1 GENERAL 2.1.1 No person shall throw, deposit, or place, or cause or allow to be thrown, deposited, or placed, upon any street, Littering highway, walkway, lane, alley, park or other public place Streets, within the Village of Port Burwell , any dirt, filth, garbage, etc. ashes, animal or vegetable matter, manufacturing or com- mercial waste or other refuse. 2.1.2 No person shall suffer or permit the accummulation upon the premises owned, leased, occupied or under his control, of Accummulation any garbage, litter, waste materials, animal or vegetable of Refuse. matter or any other matter or thing, which in the opinion of the authority having jurisdiction is or may be endan- gering public health, life or property. 2.1.3 Every householder shall provide and maintain in good re- pair sufficient receptacles to contain all ashes, garbage receptacles and other waste material produced in or emanating from each dwelling, restaurant, apartment house, public insti- tution or other building under his control. Each such receptacle shall be of a design and material approved by the Clerk of the municipality and shall be covered, shall be of a capacity not exceeding two (2) cubic feet or 751bs. in content weight, and shall be provided with handles so designed that the said receptacle may be quickly and con- veniently handled by one man. Notwithstanding the fore- going, plastic garbage bags may be used provided such r - 2 - bags shall be securely tied and the content thereof shall ' not ex::eed two cubic feet in volume, or 751bs. in weight. Not more than six (6) regulation cans or twelve (12) cubic feet will be picked up each collection day. 2.1.4 ' Every householder and restauranteur shall thoroughly drain all free liquid from all kitchen and table waste tchen and wrap it well in paper or other acceptable material ste and deposit such waste in receptacles used exclusively for garbage. 2.1.5 No person shall suffer or permit any hazardous substance Harzardous to be deposited or placed in any garbage or ash receptacle Substances for removal by the collector of garbage. 2.1.6 No person shall pick over, interfere with, distrub, remove Picking or scatter any ashes, garbage, waste materials, or any Over other article placed out for removal by the collector, Prohibited whether contained in receptacles or otherwise. 2.1.7 Notwithstanding any other provisions of this By-law, the owner or owners of any apartment house, row housing, town housing or other multiple dwelling, shall provide for the tenants thereof, a bin or other receptacle sufficient in Multiple size to contain the garbage of all tenants, properly stored Dwelling in receptacles as mentioned in Section 2.1.3 of this by- Containers law and constructed so as to preclude the entrance of flies, rodents or other animals. 3.1 MANUFACTURING AND COMMERCIAL WASTES 3.1.1 The collector shall not be required to collect more than twelve (12) cubic feet of "trade waste" on any collection day. "Trade waste" is defined as abandoned, condemned, or rejected product, by-product, manufacturers' or builders' waste, packaging or the spoiled stock of any wholesale or retail dealer. All trade waste in excess of twelve (12) cubic feet shall be collected and disposed of by, and at the expense of, the consignee or owner of such materials. Where such materials are delivered to the public disposal area provided by the collector of garbage, the materials shall be disposed of at the expense of the consignee or owner. The public disposal area will be available for this purpose for a period of four hours daily, Monday to Friday inclusive, legal holidays excepted. 4.1 COLLECTION REGULATIONS 4.1.1 During the period of the contract every householder shall on the day of collection, place and keep all receptacles at the curb and shall return the receptacles when empty to his own premises. The collector of garbage shall cause Where all receptacles placed and kept in accordance with this Receptacles by-law to be emptied and returned to the place from which to be they were taken, provided that in any commercial area Placed. served by an accessible lane or alley in the rear of the premises, collections shall be made from such lane or ' 1110 alley, subject to Section 3.1 hereof. 4.1.2 One collection per week shall be made from each premises, Regular within the Corporate limits, provided that the house- Collections holder has complied with all provisions of this by-law. 4.1.3 Additional collections may be made by the collector, provided that such collections shall be undertaken at the expense of the householder. The collection of kitchen or Additional table waste from any premises, in any week, in excess of Collections the content of six (6) regulation receptacles shall, for the purposes of this section, constitute an additional col- lection. 1 - 3 - 4.1.4 The collector shall, without charge, remove all ashes, waste paper and rubbish, exclusive of excavated materials or "trade waste" , from all charitable institutions, and Institutional other public buildings owned and operated by, or on the charitable sole behalf of the Village of Port Burwell , subject to the 1 and public provisions of Sections 2.1.3 and 4.1.2 of this by-law, building provided all-waste paper shall be securely tied in bales llectionsIli or bundles not exceeding 751bs in weight. For the . i purposes of this section, the collection of ashes, waste paper or rubbish in excess of 12 cubic feet or the con- d tents of six (6) regulation receptacles in any one week [ shall constitute an additional collection. 4.1.5 No employee of the collector shall be required to enter Employees any building, private dwelling, apartment house or tene- Prohibited ment, ascend or descend any stairway or enter any elevator from hoist or lift for the purpose of carrying out or returning entering thereto any receptacle. This section shall not preclude buildings. any agreement between the collector and householder for provision of such services. 4.1.6 No employee of the collector shall demand or accept any No gifts, gift, gratuity, payment or consideration whatsoever for . gratuities, services rendered save and except such wages arising from payments his employment with the said collector. 4.1.7 Nothing in the by-law contained shall prohibit the col- Time of lector from collecting and disposing of any garbage, ashes Operations. and other refuse at any time, exclusive of Sundays. 5.1 PENALTIES 5.1.1 Any person convicted of a contravention of any of the . provisions of this by-law shall forfeit and pay at the discretion of the convicting magistrate a penalty not exceeding $300.00, exclusive of costs, for each such offence. Every such fine is recoverable under the ' Summary Convictions Act, all of the provisions of which I apply, except that imprisonment may be for a term not exceeding six months. 6.1 INCONSISTENT BY-LAWS REPEALED 6.1.1 Any by-law inconsistent herewith are hereby repealed. i 7.1 EFFECTIVE DATE I 7.1.1 This by-law shall become effective and take force from j the date of the final passing hereof. ` 1 READ a First and Second time this "day of 9 ,,-..) A.D.07/ 1 1970. 91---'4.1 READ a Third time and finally passed this 5day of A.D. , 14-7"0. I / 7I 1110,„,. .77/e--- &./.4. • • •, • •••• v,� C • REEVE L • -70 -13 • 11111 VILLAGE OF PORT BURWELL • BY-LAW NO. 2 r/ 7 A by-law to authorize an agreement with St. Thomas Sanitary Collection • Services Ltd. (Garbage Collection) Z• 1970 4110 • 4 AGREEMENT THIS INDENTURE made (in triplicate) the day of one thousand nine hundred and seventy. BETWEEN: THE CORPORATION OF THE VILLAGE OF PORT BURWELL hereinafter called "THE MUNICIPALITY" OF THE FIRST PART -- and -- ST. THOMAS SANITARY COLLECTION SERVICES LIMITED hereinafter called "THE CONTRACTOR" OF THE SECOND PART WHEREAS the said Municipality has awarded to the said Contractor the contract for the COLLECTION OF GARBAGE, ASHES AND OTHER REFUSE IN AND FOR THE CORPORATION OF THE VILLAGE OF PORT BURWELL according to the general Conditions set out in By-law No. annexed hereto as Appendix "A", the said Contractor having put in a Tender therefor, a copy of which is hereto annexed, which said tender was accepted by the Municipality on the day of , 1970. NOW THESE PRESENTS WITNESSETH that the parties hereto hereby agree as follows: THE CONTRACTOR AGREES WITH THE MUNICIPALITY: 1. To execute and perform the whole of the work herein mentioned with due expedition and in a thoroughly workmanlike manner in strict accordance with the provisions of this Contract, and the said General Conditions and tender, and that in the execution and performance of the said work, the said Contractor will carry out, perform, observe, fulfil and abide by all the covenants, agree- • ments, stipulations, provisions and conditions mentioned and con- tained in the said Appendix "A" and tender to be carried out, per- il° formed, observed and fulfilled by the said Contractor to the same extent and as full as if each of them was set out and specifically repeated herein. - 2 - 2. To indemnify and keep indemnified and save harmless the said Municipality and each of its officers, servants and agents from and against all actions, suits, claims, executions and demands which may be brough't against or made upon the said Municipality, 1111/ its officers, servants, and agents, and from all loss, costs, charges, damages, liens and expenses which may be paid, sustained or incurred by the said Municipality, its officers, servants and agents by reason of or on account, or in consequence of the execution and per- formance of the said work or of the non-execution or- imperfect execution thereof or of the supply or non-supply of plant or material therefor. 3. To pay to the said Municipality on demand, all loss and costs, damages, or expenses which may be paid, sustained or in- curred by the said Municipality or any of its officers, servants or agents in consequence of any such action, suit, claim, lien, ex- ecution or demand, and any moneys paid or payable by the said Mun- icipality or any of its officers, servants or agents in settlement or in dischrge thereof, or on account thereof, and that in default of such payment all such loss, costs, damages and expenses, and any moneys so paid or payable by the said Municipality, its officers, servants, or agents, and also any moneys payable by the Contractor under any of the terms and conditions of this Contract may be re- covered from the said Contractor or the .surety named in the Bond hereto attached in any court of competent jurisdiction as moneys paid at their request. And to assume the defence of and fully indemnify the Municipality against and from all suits or actions arising from the claim of any person or persons who are, or claim to be, patentees of any process used in connection with the work, or of any material, plant machinery, tool or appliance used therein or thereon or in 1110 any way therewith. 4. To furnish a Performance Bond to the Municipality in the amount of 100% of the Contract Price to ensure the complete execution of the Contract by the Contractor. The expense of pre- paring and executing the Bond shall be borne by the Contradtor. - 3 - 5. To at all times pay or cause to be paid, any ass- essment or compensation required to be paid pursuant to the Work- men's Compensation Act, and upon failure to do so, the Municipality may pay such assessment or compensation to the Workmen's Compen- 111 sation Board and deduct or collect such expense. 6. Prior to the commencement of operations, to produce evidence satisfactory to the Municipality that the Con- tractor has obtained and shall maintain insurance from an in- surance company authorized to carry on business in Canada, to cover his liability for bodily injury and property damage that may arise with respect to the work being performed under the Contract. Such insurance shall: ( i) be in the joint names of the Municipality, the Contractor and any sub-contractors; ( ii) shall insure the Municipality as well as the Contractor against all claims and demands resulting from or connected with the exe- 1 • cution of the Contract by the Contractor. (iii) shall have an inclusive limit at least equal to $500,000.00 and shall remain in force for the lifetime of the Contract. 7. To insure and maintain insurance at his expense, against liability, bodily injury and property damage caused by vehicles owned by the Contractor and used on the work. The Con- tractor shall also, at his expense, insure and maintain insurance against liability for bodily injury and property damage caused by vehicles not owned by the Contractor and used on the work. Such insurances shall each have an inclusive limit at least equal to $500,000.00. A vehicle shall be as defined in the Highway Traffic Act. 1110 The said Municipality covenants with the said Contractor that if the said work shall be duly and properly exe- cuted as aforesaid, and if the said Contractor shall carry out, perform, observe, fulfil, keep and abide by all the covenants, agreements, stipulations, provisoes, terms and conditions of this - 4 - Contract, the said Municipality will pay the said Contractor there- fore the sums calculted in accordance with the prices mentioned in said tender subject to annual adjustments as may result from the application of the per capita rate set forth in the said tender to increases or decreases in the population of the municipality on the first day of January in each calendar year as established by • the current revised assessment figures obtained from the records of the Assessment Services Manager for the region. In addition, payment for the work done under this contract shall be revised at the beginning of each year, commencing January 1, 1972, if and when the Consumer Price Index, as calculated by the Dominion Bureau of Statistics and based on the December, 1969, Index of 165.2 should vary by more than five (5) points after September 1st, 1971. The bid price shall either be increased or decreased by an amount calcu- lated using the following formula Variance (5 points or more)x bid price per annum 165.2 The Contractor is entitled to receive monthly payments at the rate of 100% of the work actually done, less any duly auth- orized deductions. Payment will be made no later than the sixth day-of the following month. All payments to the Contractor shall be made out of funds under the control of the Municipality, in its public capacity, and no member of the Municipality or officer of - the Municipality is, or is to be held, personally liable to the Contractor under any circumstances whatever. AND it is understood and agreed between the parties hereto as follows: The Contractor, his agents and all workmen and persons employed by him or under his control shall use due care that no 1110 person is injured and that no property is damaged in the prose- cution of the work and the contractor shall be solely responsible for all damages to person or property including theft, whether the property is owned by this Municipality or any of its employees. • - 5 - This Agreement shall be binding upon the parties hereto from the date of acceptance of the said Tender until the 30th day of September, 1975, and if desired by either party, negotiations for a further five year contract are to be commenced no later than January 1st, 1975, and such negotiations are to be completed by or before June 1st, 1975. • This Agreement and Convenants and Conditions herein, and in the said General Conditions and tender contained shall ex- tend to and be binding upon the successors and assigns of the said Contractor and the said Municipality respectively. IN WITNESS WHEREOF the said Municipality has hereunto affixed its Corporate Seal and the hand of the Reeve and Clerk of the said Corporation, and the said Contractor has hereunto affixed ite Corporate Goal, and the name of Robert A. MUCaiy, proper officer ,;una tai 3. in that behalf. SIGNED, SEALED AND DELIVERED ) ST. THOMAS SANITARY COLLECTION • IN THE PRESENCE OF ) SERVICES LIMITED Per s ) THE CORPORATION OF THE VILLAGE ) OF PORT BURWELL c'6! ;).--4 '47 . al° ) ) Aieve • ) ) Clark • 410 . . • ' ' t THE MUNICIPALITY OF VILLAGE OF PORT BURWELL . Meeting . . ..s .:;ri.. ...5... ,19. 71 • • Moved Bi-- Ci.........- .- r That leave be granted to introduce By-law to Seconded'By .�._ authorize an agree^te-t r. •,riJ ,. Thcm97 Sanitary Collection S'rvices Ltd. (Garbage Collection) A and that Bylaw presented herewith be read a first time. By-law read a sir .1._.).„4 1- time Moved B11Qi ___._.__.._.._-_--_...-- That By-law now read a first time be read a second time forthwith. Seconded �G��—ZrZ-.-- - By-law read a ..... _-time • Moved By .. . _ __--- -__-•-- - That By-law now read a second time be read Seconded By a third time forthwith. ._ _ _ By-law read a . .1.11.4 time Moved - �. -Zer.:4- E2?-z.c_dr.degE-- That By-law now read a third time doss pa , be engrossed by the Clerk, and signed and Seconded By _. aercIa7e ..: sealed by the Reeve. `I I -G I IIITHE MUNICIPALITY OF VILLAGE OF PORT BURWELL ,f25O Meeting Jan....5.9 ,19 71 Moved By a ,, That leave be granted to introduce By-law to S.00nded By -_. .. _.. _ __.._._.......... accept the offer '. f Advance Containers of Canada for the provision ani operation of "Waste Transfer Sites" for marbatge and waste from the Village of Port Burwell. and that Bylaw presented herewith be read a first time. By-law read a ../_ em-_-___- time Moved; y ,r -iC-= 2U, .,—.--- That By-law now read a first time be read a (i��r • - _._..�.1 second time forthwith. Seconded By By-law read a . -!. .'`:"rJ .time Moved By Iab . • - -of ' ate- .i ' -- , That By-law now read a second time be read i a third time forthwith. Seconded By - Zi-n•:-.4 - C; - I By-law read a _ ' �_s..+----€ time Moved Bye��C4 -s� 1.1 •.--_----- That By-law now read a third time do pass, ' be engrossed by the Clerk, and signed and Seconded By - ..de .. •... / . -isr'.f.- ._: sealed by the Reeve. e . / laititt_z..j .432/ /e.,.//y 7 I -cam THE MUNICIPALITY OF VILLAGE OF PORT BURWELL # 251 Meeting . T.eb. . 1 ,1971... Moved By ..-.._ 1L% _ That leave be granted to introduce By-law to Seconded Estimate the expenditures of the Village on the roads and streets under its jurisdiction during the year 1971 as follows, Maintenance $14,000.00 and that Bylaw presented herewith be read a first time. first By-law read a -.._._.._.._.____.. _tim• Moved By - -e -,14.4- ,- That By-law now read a first time be read a second time forthwith. Seconded By ---- . By-law read a -0.M 1d.----------tom MOS That By-law now read a second time be read a third time forthwith. Seconded By -�l��Q� • l� - ___�.�._.-------_. By-law read a Moved By C-' That By-law now read a third time do pass, 4-+/ 7 be engrossed by the Clerk, and signed and Seconded = • _ - sealed by the Reeve. • . 1-,2.4/(//* IIITHE MUNICIPALITY OF VILLAGE OF PORT BURWELL -71 ---6 # 252 Meeting Feb... 1 ,19 71. ]ldovd" _.._. That leave be granted to introduce By-law to Seconded By Ci4.:9-..-.--i-tt. .ice Whereas the Council of the Villare of Port Burwell deems it necessary to borrow up to the sum of Fifteen Thousand Dollars ($15 ,000. ) to meet current expenditures until taxes are collected. and that By-law presented herewith be read a first time. By-law read a first time Moved By CZLA(2kt.._. _- .:.._. That By-law now read a first time be read a second time forthwith. Seconded I_ . By-law read a -second,-------tinie By ("4.(1.4... .,,, /J.Cf-�"`--- - - - That By-law now read a second time be read a third time forthwith. Seconded By .- -i ...., . • By-law read a ' ..._ _---_third._time Moved Bye ''e '•- '?.— -- - - That By-law now read a third time do pass, be engrossed by the Clerk, and signed and Seconded By(11-.--irdik--�.4) .__.___- sealed by the Reeve. -71 —G-4 THE MUNICIPALITY OF VILLAGE OF PORT BURWELL IPP # 253 Meeting May ... . ,19..7.1.. �� ( Q That leave be granted to introduce By-law to Seconded By .24/-:134. _ _ Estimate the expenditures of the Village on the roads and streets on a Supplementary tp By-law # 251 as follows: Maintenance $4000.00 and that Bylaw presented herewith be read a first time. By-law read a _._ time ...44:01.41Moved By -w That By-law now read a first time be read a '�- second time forthwith. Seconded16;41.4.-1.4. 4, /,* � By-law read a ._ — time Moved BF-7. -.14.. lc f ....... — — That Bylaw now read a second time be read a third time forthwith. Seconded By --- ' By-law read a Moved By _....- __. .._ _-.- That Bylaw now read a third time do pass, be engrossed by the Clerk, and signed and Seconded By ----• .4 sealed by the Reeve. '7 I -CS _ 1111 THE MUNICIPALITY OF VILLAGE OF PORT BURWELL Meeting May 13 ,1971.... 254, Moved By /,e* '£ i - - - - That leave be granted to introduce By-law to Seconded Bya.7. -/. . . .6;t144.rzUzz/ Levy the rates and tax s for the year 1971, and to provide for the collection thereof with a mill rate as follows: Public Residential 66. 57 . Public Commer- cial 90.74, Separate Residential 94.70, Separate Commercial 105.7$. The first instalment be due June 21, and the second on Nov. 21, 1971. Tax penalties to be on first inlstalment paid on or after June 22 1%, Aug. 1 2%, Sept. 1 3%, Oct. 1 4%, Nov. 1 5%, Nov. 21 6%. Discounts on second inst-ilment when paid on or before JUNI 21 2%. Penalty on second instalment if paid on or after Nov. 22 1%. 1% per month charged on all arrears. and that Bylaw presented herewith be read a first time. By-law read a time Moved By ._z� � >R4y 76z zQJ That By-law now read a first time be read a Seconded By second time forthwith. By-law read time Moved By �� Jr __ . ' , ar - • ._'_--____ f That By-law now read a second time be read Seconded By /� �� /�/ J a third time forthwith. ------__--��. By-law read a ___ time Moved By .__ —---------- That By-law now read a third time do pass, 41-42./ - 4tHI-41be engrossed by the Clerk, and signed and Seconded By ___ _-__-_- sealed by the Reeve. Lo�Gz,f-y/ /6::',M" FORM PB-PR-17A REV, APRIL 1964 BY-LAW NUMBER $53 of THE CORPORATION Obi THE Villa,,e OF Port iurwell A By-law to Authorize the Execution of a Proposal and Estimate of Costs and its Sdbmission to the Minister of Highways"for the Province of Ontario Pursuant to an Agreement with Her' Majesty the Queen in Right of Ontario as Represented by the said Minister Entered into under Section 22 of The Highway Improvement Act. "WHEREAS a proposal and estimate of cost dated the 3rd day of August afflf , 1971 , for the Bn of itobin Jon .ltreet l Hwy.:, 1 ') being part of a highway designated as a connecting link has been preparedfor s ubmis s ion to the Minister of Highways for the Province of Ontario pursuant to an agreement with Her Majesty the Queen in right of the Province of Ontario as represented bythe said Minister." BE IT THEREFORE ENACTED by the Council of The Corporation of the Villa ,e of fort surweil • 1. That the hereinbefore recited proposal and estimate of costs be submitted to the Minister of Highways for the Province of Ontario. 2, That the Mayor, Reeve and Clerk be and they are hereby author- ized and directed to sign the hereinbefore recited proposal and estimate of costs andtoaffixthereto the seal of the Corporation. PIPPassed by the Council of the Corporation of the .i11 —e of tort 'unwell , this_3rd day of Auauat 19 71 Me Y eve ( SEAL) LSC/ Clerk . FORM PB-PR-17A (TOWN OR VILLAGE) REVISED APRIL 1964 FORM 1 APPENDIX NO 2 DATE :•'ay 5. 1971 PROPOSAL AND ESTIMATE OF COST FOR THE CONSTRUCTION OF A CONNECTING LINK OR EXTENSION OF THE KING'S HIGHWAY (OR SECONDARY HIGHWAY) NO. IN THE Villabe OF Port i3urwell IN THE COUNTY (OR 1P/STRICT) OF :Agin Designated Route: ••obinson Jt. , Union Wit. , & i:rieus st. (Hwy. „ 19) Pursuant to an agreement dated the 7th day of ..ay 1960 19 hereinafter called the agreement made between the Minister and the Corporation of the Village of and subject to the terms and conditions thereof, and subject also to any necessary approval of the Board, under Section 64 of The Ontario Municipal Board Act, R.S.O. 1960, Chapter 274 and amendments thereto the Coporation (Minister or Corporation) proposes that the following portions of highway, heretofore designated as a connecting link, be constructed by the il,:,partment during CMS fiscal (Corporation or the Department) year(s) commencing the 1st day of April, 19 71 namely (describe portion(s) of street(s) to be constructed): .cobinson street from Hagerman street to Wellington Street (Hwy. 1,19) and illustrated on the plan or sketch attached thereto; provided construction to be in accordance with plans and specifications approved by the Minister and the Corporation in the manner and at a cost estimated and divided substantially as follows: (a) Type of construction Resurfacing (b) Length 12001 (c) Width (not less than 22 feet) 221-401 (d) Commencing at .:agerman Street (e) Terminating at wellington Wit. (f) Total estimated cost of construction $ 4000_00 (g) Deduct: Items not chargeable under agreement:- (see Form PB-PR-3) (I) Items to be paid by the Corporation (Paragraph 4 of agreement) $ it (II) Charged to others (Paragraph 12 (3) of agreement) $ ail $ Nil $ ilil wow"a. . $ ail (III) Charged under Part X of The Highway Improvement Act: $ Total Deductions $ 4000.00 (h) Total estimated cost of construction to be shared $ 4000.00 FORM-AB-PR-3 111 SEPTEMBER 1969 CONNECTING LINK in the Village of Port Burwell being ?obinson Street from Hagerman to .eili.ieton • ESTIMATED SHAREABLE CHARGEABLE UNDER CHARGEABLE TO CHARGEABLE TO DETAILS OF CONSTRUCTION EXPLANATION GROSS COST UNDER C,L, AGMNT, PART X OF THE ACT CORPORATION OTHERS * H. L. /03 surface Course •r3,12.50 • 3412.50 ttobinson-'nellington to 350 Ton 0.75) Pitt 1" ' 40' wide + Robinson-Haberman to Pitt 2" @ 22' * Granular Base Class "A" (50 .ton ,w 2.50) t125 .00 $125.00 Cholildering from to Pitt street. Adjust C. B'S and/or 000.00 000.00 ..aising covers to (2 L $50.00 ) :ueer new p vement Lngineering(10, +) x.362.100 $362.50 TOTAL $4000.00 $4000.00 * Chargeable to others: e.g. Local Improvement Act; Railway Grade Crossing Fund; Public Service Works on Highway Act, etc: FORM—AB—PR-3 • SEPTEMBER 1969 Dated the day of 19 BETWEEN: HER MAJESTY THE QUEEN, in Right of Ontario, as represented by The Minister of Highways for Ontario: -and- THE CORPORATION OF THE OF CONNECTING LINK AGREEMENT PROGRAM OFFICE DEPARTMENT OF HIGHWAYS, DOWNSVIEW 464, ONTARIO. • a • ' ; FORM PB-PR-17A REy. APRIL 1964 • (j) Total cost in (h) to be shared as follows: (I) Cost of construction to be shared 111° 90%/10% (Paragraph 12 (1) of agreement) $ .1/Aor, (II) 100% by Minister, (Paragraph 12 (2) of agreement - item $-4000400--- $---440041140--. (h) above) (k) Minister's share: (I) 90% of _ $ ./p (j) (I) or; (II) 100% of $ 41.k.10 00 $ $ _P1,n'1 .1'1 (h) (m) Estimated annual expenditure of Minister's share: For fiscal year(s): April 1 , 19 71 to Mar. 31, 19 72 $ 401;13. April 1 , 19 to Mar. 31 , 19 $ April 1, 19 to Mar. 31, 19 $ April 1, 19 to Mar. 31, 19 It is understood that the estimated cost is based on the best information available at the time of submission and that no substantial increase in such cost will be undertaken or incurred without the prior written approval of the Minister, subject, where necessary, to the approval of the Board. THIS PROPOSAL is hereby submitted this '*4 day of A1lgYat 19 by or on behalf of the Corporatism of she Village of Port 'Mall (Corporation or Minister) f' ( 7 ) (SEAL) �1✓' / _ 0/.4-1-L / and is hereby accepted by or on behalf of the • (Corporation or Minister) (SEAL) (Note: Attach a plan or sketch showing roadway lengths, widths and returns, also a statement of the total estimated cost in detail and a breakdown thereof showing how the Minister's share was computed.) THE MUNICIPALITY OF VILLAGE OF PORT BURWELL # 255 August a 71 Meeting ,19 .. . Moved By &,e ‘ &"-.0--die--.• That leave be granted to introduce By-law to Seconded By LieF1-6/-4' -Z-41 igial-- a proposal and estimate the cost for the resurfacing of Robinson Street from Hagerman Street to Wellington Street (Hwy. #19) and that Bylaw presented herewith be read a first time. By-law read a --71---"'"4 time ..o.a) Moved Byag/ 7.14-/ ./3 That By-law now read a first time be read a Seconded By ._ . etezz-4-- - second time forthwith. By-law read a _,... .4401-4\—tim• Moved By -- ---qe-4-41:2:Zet6Ge ----442.1 That By-law now read a second time be read a third time forthwith. Seconded( By-law read a ..______Ugla4k--tim' e Moved By (..,L.-,......5:47?.Zi::c:-..e.....c.. y. -- .----- That By-law now read a third time do pass, be engrossed by the Clerk, and signed and Seconded B - 41? _4, . .40__ sealed by the Reeve. I 2,A,AL:e-LI 277c2 / 101%4 71 -07 III THE MUNICIPALITY OF VILLAGE OF PORT BURWELL # 256 Meeting Aug...-.3 ,19..71 Moved ByCG-� 7. .-' That leave be granted to introduce By-law to Seconded _ 7 sell to Mrs. Betty Fisher the West 41 1/4 feet of lot 35 on the West Side of Chatham Street. for the sum of Two Hundred Dollars ($200.00) plus all legal fees. and that By-law presented herewith be read a first time. By-law read a -- ..........time �c' Moved By � v f3 .. ._.. That By-law now read a first time be read a /%M�!��u— /' second time forthwith. Seconded By ._LSC G�i ._. By-law read a _ .._-time � S::: Moved By ._'P_� . �- .�/_� -------- That By-law now read a second time be read a third time forthwith. Seconded By II . . . / �. ._ 4.. By-law read . . r 1 time Moved By .....1�-Lv- AL4::.r...0.14 - _ That By-law now read a third time do pass, c_� be engrossed by the Clerk, and signed and Seconded By—V _1''-• 'C.._4._p//_ sealed by the Reeve. O . THE MUNICIPALITY -OF VILLAGE OF PORT BURWELL # 257 Meeting Oct...4, ,19 71. Moved fily.;77 That leave be granted to introduce By-law to Seconded By ..... . ‘pc.-4,4_..6 purchase from Sterling Fuels 1962 Dodge Truck with 1600 gallon tank for Thirteen Hundred Dollars ($1300.00) plus Sales Tax if applicable. and that Bylaw presented herewith be read a first time. By-law read a ... ..--.-.--...--.....tim• Moved By --,..0a/1 6- ' • .. . 40.• .............. Seconded ____ ‘ ,..., ,,(...1. ::•:-.---. Jer:2,6E Byte7 -77--- That By-law now read a first time be read a second time forthwith. By-law read a time Moved By _ That By-law now read a second time be read Seconded By(VICZ4/ `1- -1 /3i2 a third time forthwith. By-law read a Moved By CIrt/11.-Z-ti A.ZA? Seconded B / . .— That By-law now read a third time do pass, otazie4s: rdeekv:zrzegerz_________ sealed eecingrbyossteLl by the Clerk, and signed and t ......____ 2-2-2 Cut.ty /61-fl THE MUNICIPALITY OF VILLAGE OF PORT BURWELL # 25$ Meeting Oct. 8 ,19 71 Moved .e--1.--`°---..--. ... .4... :_. That leave be granted to introduce By-law to Seconded By .r& 4-4-4(4.1.---....I By-Law to amend By-law # 244 which imposes a water rate on certain lands designated in Schedule "A" to the By-law. Adding to "A" Pitt Street from Robinson Street To Strachan Street Addison Street from Wellington Street To Homer Street and that Bylaw presented herewith be read a first time. By-law read a .,...../4.,-. -2E- time Moved By ��_� .. _._. That By-law now read a first time be read a second time forthwith. Seconded U2i.2.-t:'24.e By-law read a�,.L.s:..[.rzLsaLtime e9Z51// 0 Moved B •(�JC�--`-t-- 't That By-law now read a second time be read a third time forthwith. Seconded ByC-: --- /�-.: . _ ` By-law reed a . -.time - ire "-' That By-law now read a third time do pass, e . be engrossed by the Clerk, and signed and sealed by the Reeve. Seconded By ..__._ .-_: ..i&6 . • . - THE MUNICIPALITY OF VILLAGE OF PORT BURWELL Meeting Oct•...A ,19 71 Moved By ,- ____......... That leave be granted to introduce By-law to Seconded By ;/ ,1 ;,- . By-Law to amend By-law # 244 which imposes a water rate on certain lands designated in Schedule "A" to the By-law. Adding to "A" Pitt Street from Robinson Street To Strachan Street Addison Street from Wellington Street To Homer Street and that Bylaw presented herewith be read a first time. By-law read a . .: _ __--time -To.-- Moved By -.c- _._: _........._.....•........ .. __ That By-law now read a first time be read a second time forthwith. Seconded By .....�-- -- ---�= i- -/".0.„, I By-law read a tri G..�.�1lme IV 0.0C(/ Moved By .--_.-_ —ft. , ,....„‘___ • ri- e.-/ That By-law now read a second time be read a third time forthwith. Seconded By ----------- .......- ----...- ,,rte ._.._- By-law read a lime Moved By < �_./.4.1r-1. That By-law now read a third time do pass, be engrossed by the Clerk, and signed and Seconded By 'i ` et scaled bq the Reeve. . ;), , f i� . _ * -11 — C9 .. • CORPORATION OF THE VILLAGE OF POR? BURYELL . Ry-LAW NO. 258 BEINGS A BY-LAW TO AMEND BY-LAW NO. 244 OF THE mucts OF PORT Bun= WHEREAS the Corporation of the Village of Port Burwell nagged Ry-law No. OA which Ry-law imnnsn. n water rate on certain land., designated in Schedule "1" to the By-law. IND WHEREAS it i deemed exnedient by the Cornoration of the. Village of Past Burwell that the said Ry-law he ar►lenrted to nrovtde for the imnoaing of the water rate on further and other lands. NO4 THEREFORE the Council of the Village of Port Burwell ENACTS AS FOLLOWS: 1 . By-law Nn. 244 of the Cornoration of the Village of Port Burwell i9 hereby amended by adding to Schedule "A" thereto the following, under the headings as indicated herein : ON FROM TO Pitt Street Robinson Street Straohan Street Addison Street Wellington Street Saner Street 2. Thie By-law 11 suh.iect to the annroval of the Ontario Municinal Board. READ A FIRST 1ND SECOND TIME on the 8th day of October A.D. 19 71 READ A THIRD TIME AND FINALLY PASSED on the $t` day of October A.n. 19 71 . tom • Clerk J• Jct X337 By-LAW NO. 259 of the Corporation of the Village of Port Burwell BEING A BY-LAW WITH RESPECT TO A WATER RATE UNDER SECTIONS ]6a and 42 (6) OF THE ONTARIO W\T3R RESOURCES COMMISSION ACT. WHEREAS the Corporation of the Vil]age of Port Burwell • has entered into or proposes to enter into an agreement with the Ontario Water Resources Comm5.ssion for the sup lying of water to the Municipality. NOW THEREFORE the Council of the Corporation of the Village of Port Burwell ENACTS AS FOLLOWS: 1. A water rate is hereby imposed upon the owners or occupants of lands which are supplied with water as a consequence of the entering into of the abore-mentioned agreement by the Corporation of the Village of Port Burwell 2. The water rate shall be charged as a flat rate of $ 7$.00 per year against each user in respect of such lands which are used for purposes other than commercial or industrial purposes and a flat rate of not less than $ $4.00 per year against each user in respect of such lands which are used for commercial or industrial purposes or as stated in Schedule "A" which is attached hereto. 3, The flat rate designated in Paragraph 2 shall be billed and collected as a part of the charge for water to each user. 4. By-law No. 222 is hereby rescinded. 5. This By-law is subject to the approval of the Ontario Municipal Board. READ A FIRST AND SECOND Tfl4E on the l --c-t/ day of A.D. 1971 READ A THIRD TIME AND FINALLY P4SS' D on the / day of 4,--t A. D. 1971 /)--'-/y‘ �.� (IP . � .Clerk ja •.) •. id"1".)‘ 0 4„d/r ,°, SCHEDULE "A" TO BY-LAW NUMBER 259 Service Minimum Rate 110 per two months A. Domestic -5/$ service 1. Single Family Dwelling Flat Rare $ 13.00 2. Multiple Family Dwelling Flat Rate $ 13.00 per unit 3. Swimming Pool Flat Rate $3.35 per 1000 ga capacity annual charge. B. Cottage--5/8 service Flat Rate Plus $5.00 annual $ 39.00 annual turn-on and turn-off charge charge payable May 1 C. Commercial Consumption in excess of 3000. gallons @ $2.25 $ 7.00 per mont per 1000 gallon minimum bill THE MUNICIPALITY OF VILLAGE OF PORT BURWELL r # 259 Meeting Nov. 11 ,19 71 Moved B r as . • • - / That leave be granted to introduce By-law to Seconded B•-•._ .0 .-4!".. ..:Q..Gl=.c`'a With respect to a Water Rate under sections 16a and 42 (6) of the Ontario Water Resources Commission Act, imposed upon the owners or occupants of lands which are supplied with water as a consequence of the entering into an agreement with the Ontario Water Resources Comm. and that Bylaw presented herewith be read a first time. By-law read a . .t.::t..u.I time Z.- Moved By - 2a--G� ,----(�,`. That By-law now read a first time be read a Seconded B • second time forthwith. By-law read ' _._..__._.._S__.time Moved By ._..- '4.---- - - .__.. That By-law now read a second time be read a third time forthwith. Seconded By ._ .. - Zg? 4- 1 By-law read atime Moved By eulaSE*?�''_.ti-��4 �L1! That By-law now read a third time do pass, be engrossed by the Clerk, and signed and Seconded By ...... .... ....... sealed by the Reeve. THE MUNICIPALITY -OF VILLAGE OF PORT BURWELL # 259 Meeting . Ion. 11 ,19. 71 Moved By .. 4...,4%. '. _. fThat leave be granted to introduce By-law to Seconded Bir:. I • ... ..-. `.. ..�1 - — With respect to a Water Rate under sections 16a and 42 (6) of the Ontario Water Resources Commission Act. iwpoeed upon the owners or occupants of lands which are supplied with water as a consequence of the entering into an agreement with the Ontario Water Resources Comm. and that By-law presented herewith be read a first time. By-law read a ........._......_..._..-.-.....-.time Moved 15ih..„ ' '117-414.1"4:e'.......— That By-law now read a first time be read a second time forthwith. Seconded By _. . - . .... . ... - By-law read a time Moved By .. ..wE�.— That By-law now read a second time be read Q jj��_��� a third time forthwith. Seconded By CA44' x�• f% ��%L-�/ By-law read a time Moved ByC .rieiel`c(_/2/dT- i That By-law now read a third time do Pass, be engrossed by the Clerk, and signed and Seconded By . — sealed by the Reeve. SCHEDULE "A' TO D34AY MUMMER 259 As Amended EFFECTIVE July 1, 1976 MIMI 3At RATS ligagi ZABISJIMII A. pomes40, - 5/8 Service 1. Single Family Dwelling - Flat Rate 1 13.00 2. Multiple family Dwelling - Flat Rate PSR UNIT 13.00 3. Swimming Pool - Flat Rate - CAPACITY ANNUAL 3.35 per 1000 gals. B. Zama - 5/S Service - Annual Charge PAYABLE Rey 1 39.00 1. Turn Otos (Covers Inspector making two trips) 10.00 2. Additional Tripe 5.00 each trip 3. Turn Offs - NO CHARM 0. Commercial - Ccnsusmption in excess of 3000 gallons 4 $2.25 per 1000 gallas 7.00 per month minimum bill . • . 5.00 This includes turn on. If a customer or plumber requests water be turned off after Inspection and turned on again at a later time, an ADDITIONAL $5.00 charge will be made. COLLECTION Or DELDKONT HIIJl - Late lbyment Penalty 5% of monthly bill If bill has to be collected by the Yates Superintendent, a charge of $5.00 will be imposed. If the Superin- tendent is unable to collect and rates is turned off, a charge of $10.00 will be made at thus time of tura on. SCHEDULE "A" TO BY-LAW NUMBER 259 As Amended EFFECTIVE July 1, 1976. SERVICE PER RATE PER TWO MONTHS A: Domestic - 5/8 Service 1. Single Family Dwelling - Flat Rate $ 13.00 2. Multiple Family Dwelling - Flat Rate PER UNIT 13.00 3. Swimming Pool - Flat Rate - CAPACITY ANNUAL 3.35 per 1000 gals. B. Cottage - 5/8 Service - Annual Charge PAYABLE May 1 39.00 1. Turn Ons (Covers Inspector making two trips) 10.00 . 2. Additional Trips 5.00 each trip 3. Turn Offs - NO CHARGE C. Commercial - Consumption in excess of 3000 gallons $2.25 per 1000 gallons 7.00 per month minimum bill INSPECTION CHARGE: . . 5.00 This includes turn on. If a customer or plumber requests water be turned off after I.nspection and turned on again at a later time, an ADDITIONAL $5.00 charge will be made. COLLECTION OF DELINQUENT BILLS: - Late Payment Penalty 5% of monthly bill 1111 If bill has to be collected by the Water Superintendent, a charge of $5.00 will be imposed. If the Superin- tendent is unable to collect and water is turned off, a charge of $10.00 will be made at the time of turn on. . i I SCHEDULE "A" TO BY-LAW NO. 259 OF THE CORPORATION OF THE VILLAGE OF PORT BURWELL The following charges will apply to all users of the water works system: (1) Nursing Home "A" A flat rate of $1,642.00 per year or with the installation of a water meter a charge of $2.25 per 1,000 gallons. �l4 (2) Nursing Home (B) A flat rate of $1,642.00 per year or :with the installation of a water meter a charge of $2.25 per 1,000 gallons. (3) School A flat rate of $2,025.00 per, year or with th,. installation of a water meter a charge of $2.25 per 1 ,000 gallons. (4) Hotel A flat rate of $1,642.00 per year or with the installation of a water meter a charge of $2.25 per 1,000 gallons. (5) Legion A flat rate of $411.00 per year or with the installation of a water meter a charge of $2.25 p-r 1,000 gallons. (6) Restaurant A flat rate of $411.00 per year or with th,' installation of a water meter a charge of $2.25 pep 1,000 gallons. (7) Fish Market "A" A flat rate of $1215.00 per year or with the installation of a water meter a charge of $2.25 per 1,900 gallons. (8) Fish Market "B" A flat rate of $607.00 per year or with the installation of a water meter a charge of $2.25 per 1,000 gallons. (9) Provincial Park A flat rate of $6,840.00 per year or with the installation of a water meter a charge of $2.25 per 1,000 gallons. In addition, a summer cottage (no more than six months use per year) will be charged one-half of the charge for a permanent domestic user, i.e. 2 x $78.--$39.00 plus $5.00 per year turn off and on charge. 3 n •O S • N Vo SCHEDULE "A" TO BY-LAW NO. 2S9 OF THE CORPORATION OF THE VILLAGE OF PORT BURWELL The following charges will apply to all users of the water wor`cs system: (1) Nursing Home "A" A flat rate of $1,642.00 per year or with the installation of a water meter a charge of $2.25 per 1.000 gallons. (2) Nursing Home (B) A flat rate of $1,642.00 per year or with the installation of a water mater a charge of $2.25 per 1,000 gallons. (3) School A flat rate of $2.025.40 per year or with the installation of a water meter - a charge of $2.25 per 1,000 gallons. (4) Hotel A flat rats of $1,642.00 per year or with the installation of a water meter a charge of $2.25 per 1.000 gallons. (5) Legion A flat rate of $411.00 per year or with the installation of a water meter a charge of $2.25 p^r 1.000 gallons. (6) Restaurant A flat rats of $411.00 per year or with thy installation of a water meter a charge of $2.25 per 1,000 gallons. (7) Fish Market "A" A flat rate of $1215.00 per year or with the installation of a water meter a charge of $2.25 per 1.000 gallons. (8) Fish Market "B" A flat rate of $607.00 per year or with the installation of a water meter a charge of $2.25 per 1,000 gallons. (9) Provincial Park A flat rate of $6,840.00 per year or with the installation of a water meter a charge of $2.25 per 1,000 gallons. In addition, a summer cottage (no more than six months use per year) will be charged one-half of the charge for a permanent domestic user, i.e. i x $78.--i39.00 plus $5.00 per year turn off and on charge. SCHEDULE "A" TO BY-LAW NO. 5 5 OF Tfir: CORPORATION OF '.'HE OF TL foll o in;; charges will apply to all users of the water wc:ks system: 4 / Ly2 (1) Nursing Boma "A" A flat rate of $3;9341:•60 per year 1 or with the installation of a water meter a charge of $40451-per 1,000 gallons. / 4. y2- (2) Nursing home "B" A fiat rate of $ O-3O.O:' per year or • with the installatio:. of a wat:c:r Nater a chari,e of $4-.-15 par 1,CC3 gallons. 2..1r 0.17 (3) School • A flat rate of $3;-735.00 per year or . _ with the installation of a water meter a charge of $4,15 per 1,000 gallons. , .1,-.: /47-e. (4) Hotel A flat rate of $334:'00 per year or with the installation of a water meter a charge of $4-14'per 1,000 gallons. .•. �. - v//. (5) Legion A flat rate of $-753.00 per year or with the installation of a water meter- a charge of $4-15 per 1,000 gallons. 2 -I `' yii (6) Restaurant A flat rate of $73$.00 per year or with the installation of a water meter a charge of $4 per 1,000 gallons. ' ,�i a. i 5- (7) (7) Fish Market "A" A flat rate of $? 1.00 r'?r year or with the installation of a wat z!i, meter a charge of $4-t5 per 1,000 gallons. • 1 • 467. (8) Fish Market "B" A flat rate of $Thi l.03 per year or with the installation of a water meter a charge of $4..1.5 per 1,000 gallons. z -. Y 6e 'a. (9) Provincial Park A flat rate of $12,61&—OO per year or with the installation of a meter a charge of $4,15 per 1,000 gallons. In addition, a summer cottage (no more than three months use per year) will be charged one-half of the charge fcr a permanent domestic user, i.e. 1/2 x $O a $25.00. - 7W = 37• co PLEASE NOTE: I have preparedis s bath!, in raft form only. The proper names of all the spe i 1 u er s 1 be stated. The rate of $4.15 per 1,000 gallons m ' be ust b Council. The criteria . . .2 Page Two for defining surmer us i.e. three months, may he adjusted by Council. P1•warie be sure and comdlete this schedule properly and attach it to the By-l :a. A • • • ..rw...... BY-LAW NO. OF THE CORPOR•1TION OF THE BEING A BY-LAW WITH RF SPECT TO A WATER RATE UNDER SECTIONS 16a ArD 42(6) OF THE ONTARIO WATER RESOURCES CC'NTSS)ON ACT. WHEREAS pale Corporation of the has entered into or proposes to enter into an agreement with the Ontario Water Resources Commission for the supplying of water to the Municipality. NOW THEREFORE the Council of the Corporation of the ENACTS AS FOLLOWS: 1. A wL..ter rate is hereby imposed upon the owners or occupants of lands which are supplied with water as a consequence of the entering into of the above-mentioned agreeiaent by the Corporation of the 2. The water rate shall be charged as a flat rate of $ per year against each user in respect of such lands which are used for purposes other than commercial or industrial purposes and a flat rate of not less than $ per year against each user in respect of such lands which are used for commercial or industrial purposess stated in Schedule "A" which is attached hereto. 3. The flat rate designated in Paragraph 2 shall be billed and collected as a part of the charge for water to each user. 4. By-law No. 222 is hereby rescinded. 5. This By-law is subject to the approval of the Ontario Municipal Board. READ A FIRST AND SECOND TIME on the day of A.D. 19 READ A THIRD TIME AND FINALLY PASSED on the day of A.D. 19 Reeve Clerk �.at` gtas6.�fw/.w•..... inti ....Y_i'.a.--`^.�h- .:.y.�.. - ... • 1 l • • THE MUNICIPALITY OF VILLAGE OF PORT BURWELL # 260, Meeting Nov, 11 919 .71 Moved By ---.. ..4:Zie______.... _ y� That leave be granted to introduce By-law to Seoonded By CAa- ._74' L-�,L _ __--- -- Rules and Regulations for the operation of the Corporation of the Village of Port Burwell Water System. and that Bylaw presented herewith be read a first time. By-Law read a . .__.....,....r:k_4.--- time I Moved By',MIL --i 4 • 1�.0 .i.L.e �/�/ That By-law now read a first time be read a Seconded By (Zerz.. .... - I second time forthwith. By-law read a -i-c_.4.---dt time Moved By --- -•-• :=1,1Z4---4/4.1.--- That ._. .., ._. --- That By-law now read a second time be read a third time forthwith. Seconded By - . 1. 1_ By-law read a J .31-4.4.4_.----time ----WMoved By That By-law now read a third time do pass, be engrossed by the Clerk, and signed and Seconded By - ._. sealed by the Reeve. ,.. 4Fleeiciir...1.:a ‘0.2 a•14/12 1 • • THE CORPORATION OF THE VILLAGE of PORT BURWELL BY-LAW NUMBER 2 / O WHEREAS The Corporation of the Village of Port Burwell has constructed and now operates and maintains a waterworks system ; AND WHEREAS the Council of the said Village deems it expedient to make certain rules and regulations for the operation of the said waterworks system; THEREFORE the Municipal Council of the Village of Port Burwell enacts as follows : 1 . In this by-law: (a) "Village" and "Corporation" shall mean the Corporation of the Village of Port Burwell (b) "Council" shall mean the Municipal Council of the Village of Port Bur- well . (c) "Waterworks System"shall mean the works and equipment under the juris- diction of the Village for the support or distribution of water or any part of such system. (d) "Superintendent" shall mean the Superintendent of the Waterworks 111 2 - 2 - • Department of the Village of Port Burwell. (e) "Clerk-Treasurer" shall mean the Clerk-Treasurer of the Village of Port Burwell . (f) ' "Premises" shall mean the property being supplied or to be supplied with water and includes the portion of a multiple occupancy premises separately supplied. (g) "User" shall include, as the context requires, the applicant for water supply, the owner or occupant of and the person to whom invoices are sent for water supplied to the affected premises. (h) "Water Service" shall mean the pipes and fixtures used for the purpose of supplying any premises in the Village with water from the waterworks system established by the Corporation and situated between the water- main and the limit of the street on which the premises so supplied front. (i) "Private Water Service" shall mean the pipes and fixtures used for the purpose of supplying any premises in the Village with water from the waterworks system established by the Village and situated between the street line in front of the premises so supplied and the meter or stop and drain as applicable. (j) "Cottage" shall mean any dwelling, structure or shelter erected and 111 used for human habitation during the months of May to October only. 3 - 3 - • _ (k) "Commercial User" shall mean the applicant for water supply, the owner or occupant of and the person to whom invoices are sent for water supplied to any premises in which the water supplied is used \dire ltc y or indirectly for or in the prosecution of any businesJ rade or commercial undertaking! 2. (1) The Council shall appoint an officer to be known as the Superintendent of the Waterworks Department of the Village of Port Burwell, whose duties shall be a) To generally supervise the said Waterworks Department b) To enforce provisions of this by-law c) To supervise and inspect all watermains and connections and water services, and private water services installed by private parties in the Village. d) To perform such other duties as may be given to him by the said Council . (2) The Superintendent shall hold office during the pleasure of the Council . 3. The rules and regulations set out in this by-law shall govern and regu- late the operation of any system of waterworks owned by the Village and 0 shall be considered to form a part of the contract between the Corpora- tion and the owner or occupant of any building in the Village for a supply 4 - 4 - 111 3. Continued • of water by the Corporation to such building,and every such owner or occupant by applying for or accepting a supply of water from the Corp- oration shall he deemed to have expressed his consent to be bound by the said rules and regulations 4. (1) All persons desiring a supply of water from the Corporation shall, first, make written application to the Clerk-Treasurer, upon the form approved by Council, showing the purposes for which water is required. Subject to sub-section 2 of this section, such app- �u �y..�E' }ozviu v ei Aa {,o-t� / ¢ j.e.Y.* a w-t>`.�w .�► e a u ► (2) here the recess y wer services an i vate water services have k ready been installed,and the cost of such installation fully paid,and the premises for which the supply of water is required is occupied by a tenant, the application fora supply of water to said building may be signed by the occupant of such building. (3) The application for supply of water to each premises shall be acc- ompanied by a payment of three dollars ($3.00) as fee for inspec- tion of newly-installed private water service and/or turning-on of the water supply. 5 . Any person applying to the Clerk-Treasurer for a supply of water shall pay to the Clerk-Treasurer in advance of the installation,the charge set by Council for installing the necessary water service . • 5 - 5 - 6 6. (1) After the payment referred to in the next preceding section has been made to the Clerk-Treasurer, the Superintendent shall install the necessary water service . (2) Persons making application for the installation of water services other than the ordinary dwelling house services shall, at the time of such application,payto the Clerk-Treasurer the charge for such water services imposed by Council and, upon the receipt of such sum by the Clerk-Treasurer, the Superintendent shall install the necessary water services. 7. The Superintendent shall determine the size of the pipes and fittings to be connected to a watermain,but no service shall be less than five-eighths of an inch nominal diameter, and he shall also determine the position in the street where the water services may be connected to any watermain. 8. (1) All water services up to and including 3" in internal diameter shall be of copper pipe and shall be Type "K Soft Copper. ` (2) All water services more than 3" in internal diameter shall be of e064 iron pipe and such pipe shall be suitably coated with pitch. 9 . Water services shall be installed only by persons employed by the Superint- endent or designated by him. 410 , 6 - 6 - • 10. The cost of maintaining water services, other than private water services, and of keeping the same in repair shall be paid by the Corporation. 11 . (1) ;Unless the Superintendent otherwise directs, no water services shall be installed between the first day of December in any year and the first day of April in the following year. (2) Where the Superintendent is of the opinion that a water service may be safely installed between the first day of December in any year and the first day of April in the following year, he may permit such water service to be installed upon such terms and conditions as he may deem necessary. 12. All water services shall be at least fiivrfeet below the finished grade of the street in which such services are laid, and will be properly protected from freezing. 13. All private water services shall be of the same material as the water ser- vice to which such private water service is connected, and the pipes and fittings used for private water services shall conform in design and quality to the standard prescribed by the Superintendent. 14. All private water services shall be laid at least five feet below the finished \ grade of area through which they are installed, and shall be properly pro- tected from freezing. • 11) - 7 - 15. (1) The owner of any building may request the Superintendent to install the necessary private water services at the time the water services for the same building are being installed, and the Superintendent may, if he deems it expedient, install such private water service upon the owner pre-paying to the Clerk-Treasurer the estimated cost of the installation of such private water service. , (2) in the event of the actual cost of the installation of such private water service exceeding the amount prepaid to the Clerk-Treasurer, the person applying for such installation shall forthwith, after the completion of such installation, pay to the Clerk-Treasurer the balance of such cost. (3) Nothing in this section shall relieve the owner from the obligation of maintaining such private water service in accordance with the pro- visions of this by-law. 16. Subject to the provisions of Section 15 of this by-law, all private water services shall be installed by the owners of the premises for which such private water services are required, or their agents. 17. Private water services shall be properly laid and graded with a fall to a stop and waste cock placed in the cellar or basement, or other convenient place so that all pipes within the building may be emptied by opening the faucet at the highest point therein and allowing air to enter the said pipes. In 8 - 8 - • 17. (Coned) any buildings to which there is no basement, a stop and waste cock shall be placed so that it is protected from frost, and so that the pipes may be conveniently drained. In all commercial premises, as designated by the Superintendent, sufficient space shall be allowed on the horizontal pipe for the installation of a water meter. 18. Private water service pipes in a building shall be located in the parts there- of best protected from frost. No private water service pipes shall be placed back of plaster on outside walls. In buildings where there is no cellar, the pipes shall be carried to or near the centre of the building or to an unexposed part thereof, previous to being carried upward. In all exposed situations, if it is necessary to protect the service pipes and fixtures from freezing,each pipe shall be properly insulated with two inch miniumum thickness preformed polystyrene pipe insulation, and surrounded by a box constructed of some non- conductive material . The void spaces within the box shall be packed with a non-conducting material . It shall be the duty of the installer employed by the owner or agent to protect and guarantee from damage by frost all work done by him. 19. The Superintendent of Waterworks shall be notified by the owner of the premises when the private water service has been laid and is ready for ins- pection. All works must be left uncovered and convenient for examination 111) 9 0 19 . (Cont'd) until inspected and approved. No water supply shall be turned on until the work is inspected and approved by the Superintendent. 20. The.owner of any property shall maintain in proper order and repair, at his own expense, the private water service and its fixtures and appurtenances. 21 . (1) Not more than one building shall be supplied from a single water service and for the purposes of this by-law a semi-detached dwelling shall be deemed a separate dwelling. (2) Provided that where a building occupies the frontage of a lot and build- ings are located in the rear of the said front building, all such buildings may be supplied from one water service provided that all said build- ings belong to one owner and such owner pays the water rates for all water supplied to such buildings. 22 . In all cases where range or steam boilers are supplied with water, it is understood and agreed that the Village will not be liable for any damage which may result to any person or premises or equipment caused by the shutting off of the water from any water main or service pipe for any purpose whatcver, even in cases where no notice is given, or caused by uneven water pressure. All service pipe connections to boilers shall have check valves fixed to prevent water escaping back into the mains and suitable 0 relief valves to relieve excess pressure. 10 - 1 0 - . . 23. Where the necessary water service and private water service has been comp- letely installed to the satisfaction of the Superintendent and in compliance with the rules and regulations set out in this by-law and the payments provided by Subsection 3 of Section 4; by Section 5, and by Subsection 2 of Section 26 of this by-law made to the Clerk-Treasurer, the water to the premises may be turned on by the Superintendent. 24. All water supplied through private water services to all users, ether-44.ati " and Domestic Users with swimming pools., shall be charged for at the applicable flat rates fixed from time to time by the Council of the Village of Port Burwell, and the owner of the premises will be held liable for all water charges. 25. All water supplied through private water services to "Commercial Users" •• • II• • • ' • •• shall be metered, and the rates charged shall be those fixed from time to time by the Council of the Village of Port Burwell. 26. (1) All meters shall be furnished and installed by the Superintendent (2) The cost of installing and repairing meters, including the cost of such meters shall be prepaid by the applicant before the water is turned on. If the meter is mechanically defective then the cost of repairs shall be paid by the Village, but if the meter is damaged by the careless- ness or neglect of any person, other than an emplpyee or agent of the Village, the owner of the premises shall pay to the Corporation the cost of making the necessary repair to such meter. 11 • - 11 - • . 27. If a meter fails to register, the consumer will be charged for the average con- sumption for the pertinent period as determined by the Superintendent. 28. All water passing through a meter will be charged for whether used or wasted. 29. (1) The owner or occupant of premises shall provide ready and convenient access to the meter so that it may be frequently read and examined by the Village inspectors. (2) Where a meter cannot conveniently be placed inside a building it shall be placed in a meter chamber, the location and construction of which are approved by the Superintendent, and the cost of which is paid for by the applicant. 30. (1) A meter will be removed and tested upon request. If it is found to reg- ister correctly or not in excess of three per cent in favour of the Cor- poration, the expense of removing and testing of the meter will be paid by the person requesting such test. (2) If a meter when tested is found to register in excess of three per cent in favour of the Corporation, a refund will be made to the consumer of an amountouequal to such excess percentage of the water rates paid for the tf+rer months prior to the testing of said meter. Provided, how- ever, that no reduction shall be made which will reduce the water 411 12 - 12 - 30. (Cont'd) rates for the gree months prior to the testing of such meter below the minimum water rates fixed by Council. 31. (1) One meter only shall be placed in each building, apartment or other commercial premises in the Village , and the plumbing shall be so arranged that all water used on such commercial premises shall pass through such meters and the owner of the premises will be held liable for water charges. (2) Every meter shall he placed in such location as the Superintendent shall direct. 32. The Corporation may enter into agreements with owners to provide for the installation of water services or meters in any other manner satis- factory to Council. 33. Billings for "Domestic" (flat rate) services shall be rendered each two months. Billings for "Cottage" (flat rate) service shall be rendered annually in the month of May and shall be paid in full at that time. Billings for ''Commercial' and "Domestic" with swimming p ol service shall be based on two month'scopton. If meters are for , 4 PLC any reason not read monthly,a an average of previous t,41° consumption will be used for billing. No charge for water supplied, for any type of service, shall be o less than the minimum rate fixed for y Council. &-f — `4. No rprjurr, r,I'aI! he made as rrovided in Se"tion 30 if the owner or occ- upapt of the building 'mac net , oinpliee with the rovisions o; this by-law. 35. When water is supplied to a multiple family dwelling, the account forlthe water supply shall be charged to the owner or principal occupant of the . . ...13 - 13 - • 35. (Cont'd) premises and in case of non-payment, the water may be shut off, not- withstanding that one or more of the occupants, have paid part or all of the account to such owner ortrincipal occupant. 36. All sums charged for water supplied, or for expenses incurred, by the re- pair of private water pipe services, meters, fixtures, and all other app- liances connected with the water service or for damage to the same shall be charged to the owner of the premises. If for any reason charges for water rates cannot be collected from the owner, or the occupant of the prem- ises, the water shall he turned off on account of non-payment. No app- lication for water supply for such premises shall be approved by the Cor- poration, notwithstanding that the ownership of the said premises shall have changed, until such sums and other charges have been paid in full to the "Public Utilities Commission". 37. A book shall be kept in the offices of the Public Utilities Commission, which book shall contain the street number and location of premises from which water has been turned off for non-payment of accounts and the sum remaining unpaid, which book shall be for the information and protection of person or persons intend- ing to purchase any property, and such person or persons may ascertain at the office whether any accounts appear upon such book. 4 - 14 - • 38. (1) Any person may, upon payment of thirty-five cents, receive a certi- ficate from the Cl showing that all accounts or charges against the premises covered by such certificate have been paid or the amount of any charges or account outstanding. 9 (2) The foregoing shall not be held to prevent the Corporation from resort- ing to other means or method of collecting said accounts. 39 . (1) The water rates charged by the Corporation shall be those set out in Schedule "A" to this by-law, unless the same are changed by by-law or by resolution of the Council . (2) The Council may from time to time change said water rates without notice to any person taking a supply of water from the Corporation. (3) All accounts for water shall be prepaid. The first account shall be based upon the minimum rate for two months or as it may be from time to time fixed by Council . (4) Payment to the Corporation of accounts for the supply of ater shall be made at two month intervals. A five percent penalty shall be charged on all accounts not paid in full on or before the tenth day after the date upon which accounts are rendered 15 - 15 - 40. Builders requiring water for building purposes shall make a separate app- lication for each building to be erected and shall furnish the Superintendent with all information required by him and shall pay to the Clerk-Treasurer such special water rates as may from time to time be fixed by the Council . A permit for the use of water for building purposes shall be in force for six months from the date thereof. 41 . (1) Equipment installed solely for the automatic extinction of fires in build- ings may, with the approval of the Superintendent, be attached to watermains provided that such equipment is entirely disconnected from water pipes used for any other purposes, and water supplied through such equipment is used solely for the purpose of fire extinction. All such equipment must be provided with a suitable valve outside the building and under the exclusive control of the Corporation. A valve shall be placed at each hose opening in the stand pipe and all such valves shall be sealed by the Superintendent. Whenever the seal of any such valve is broken for the extinction of any fire, the person breaking such seal shall immediately thereafter give notice to the Superintendent, who shall immediately upon receiving such notice re- seal the said valve. The Corporation may require a compound meter of approved pattern to be furnished, installed and maintained by the owner, lessee or agent. In case of violation of this rule the Super- intendent may shut the control valves and refer the matter to Council . • 16 • - 16 - 41 .(Cont'd) Such control valve shall not be again opened without authority from the Council . (2) No seal placed by the Superintendent upon a valve situated at a hose opening in a stand pipe shall be broken nor shall any water be used from equipment for fire extinction, for any purpose except the extinction of fire without the consent in writing of the Superintendent. 42. With the consent of the Waterworks Superintendent, the water service may be laid in the same trench as a sewer, provided a shelf is cut on the side of the trench for receiving the water pipe at a location above the sewer. 43. (1) No person shall make any connection or connections whatsoever to any water service or private water service without the written consent of the Superintendent first obtained. The owner of the premises on which an unlawful connection has been made shall be responsible for the water rates or charges which would have been payable in addition to being liable for any other penalty provided by by-law or by any Act or Acts of the Legislative Assembly of Ontario or the Parliament of Canada. (2) No person shall under any circumstances connect any faucet, tap, hy- drant or appliance of any kind whatsoever to any water service or private water service without the written consent of the Waterworks Superintendent. 410 17 - ] 7 - . • 44. No person supplied with water by the Corporation shall be entitled to use such water for any purpose other than those stated in his or her applications. ., 45. No person being the owner, occupant, tenant or inmate of any house, build- • ing or other premises supplied with water by the Corporation shall rent, sell or dispose of such water or give away orpermit the same to be carried away or used or apply such water to the use or benefit of any other person. 46. In case of making repairs or constructing new work in connection with the waterworks system, the Superintendent may shut off the water from any consumer without notice, and keep it shut off as long as may be necessary and the Corporation shall not be liable for any damage resulting therefrom. 47. The Superintendent, or any person duly authorized by him for the purpose, must at all reasonable hours, upon presentation of satisfactory identification, be given free access to all parts of every building to which the water is supplied, for the purpose of inspection and examination of meter, fixtures and pipes of every kind used in connection with the supply of water to or the use of water on such premises. 48. Any consumer wishing to discontinue the use of water supplied from the Village Waterworks, must give notice thereof at the Clerk-Treasurer's v office, on the required forms, or the water rates or charges will be continued until such notice is given or until the water is turned off. 18 - -18- t- 49. (1) Water service to cottage consumers shall be turned ` ► May 1 and turned off on October 31 each year by the Waterworks Superintendent only. (2) Application for cottage service must be made as set out in Section 4 of this by-law, save that such application need be made only one time. Thereafter, water service shall be turned on and turned off annually by the Waterworks Superintendent. (3) Any cottage consumer wishing to discontinue the use of water supplied from the Village Waterworks, must give notice thereof at the Clerk- Treasurer's office prior to the thirtieth day of April. (4) Where application for discontinuance is made after the thirtieth day of April, the owner shall pay to the Corporation that portion of the set flat rate annual charge equal to the time elapsed after the thirtieth day of April until the date of application for discontinuance. In addition to this charge, the owner shall pay to the Corporation the total charge established in Appendix A hereof for annual connecting and disconnect- ing of the said water service. 50. Whenever water has been turned off for non-payment of the water charges or for purposes of repair on construction or for any other necessary or proper purposes, no person will be permitted to turn it on again who is not duly IP° 19 i - 19 - " . so . _ 50. (Cont'd ) authorized to do so by the Superintendent. 51 . No person or persons except the Superintendent or those acting under his A direction or authority, shall open or close any valve hydrant or gate in the street mains, or molest or interfere with the same in any manner. 52 . The Waterworks Superintendent when acting in the discharge of his duties under this by-law shall be ex-officio constable. 53. (1) Whenever any persons taking a supply of water from the Corporation fail to comply with the provisions of this by-law in any respect, the Superintendent may, without notice to such persons, turn off the water and the water shall not be turned on again until all the provisions of this by-law are complied with and the sum of Five Dollars paid to the AIM Clerk Treasurer to cover the cost of turning the water off and on. (2) Failure to pay water rates as and when the same become due and pay- able shall be considered to be a failure to comply with the provisions of this by-law. 54. There shall be no rnnnectinn hPtlewPPn the wa&r sPrvires or private water services and any cisterns, wells, privies, privy vaults or cess-000ls. • 20 .... it -. ......»�........_ z - - 20 55. There shall be no connection between the water services or private water services and a private pressure pump. 56. All installations must have a horizontal piece of pipe to coincide with a length of standard type meter before water service is connected. Such pipe should be located to facilitate future installation of water meters. 57, Any person owning property in an area in which the installation of water mains is completed and who applies for a water service shall pay $250.01:14- to 250.00to the Clerk-Treasurer at the time of application. He shall then be entitled to such installation by the Superintendent or a person designated by him. 58. If water is supplied to premises on a flat rate and if the premises are oc- cupied by more than a single family, then the rates to be charged in such cases shall be those set out for multiple family dwellings in Schedule "A" to this by-law. 59. For the purpose of this by-law, the owners or occupants of farm property shall be classed as "Commercial Users" and farm property shall mean not less than twenty acres of land in the actual occupation of the owner of it. 60. Any persons convicted of a breach of any of the provisions of this by-law shall forfeit and pay at the discretion of the convicting magistrate a penalty not exceeding the sum of Three Hundred Dollars, exclusive of costs for each offence. 21 - 21 - 61 . This by-law shall go into force on the day of the final passing thereof. PASSED this /) day of 72(—rj . , 1971 . M . Blyth, Reeve H . Wolfe, Clerk-Treasurer ' / ► libSCHEDULE "A" TO BY-LAW NUMBER Minimum Rate Service per-Two-Months per Two Months 4 A. Domestic - 5/8" service 1 . Single Family Dwelling Flat Rate $ / 3' "'' 2. Multiple family dwelling Flat Rate $ / 3,/,-0 per unit 3. Single family, or writ of g FJa,t Rat- wit Swimming Pool $ 3,35d,.w u-e-o C a' c✓r%rt c. c e B. Cottage - 5/8" service Flat Rate $ �� Plus $5.00 annual 3 9• arn/Y144-gal turn-on and turn-off1c�y a.�-�u ')1 charge a C. Commercial 1 . 5/8" service "4cis." $ 7- a-o - 2. 1" servieP 1 , 1412. $ erconsum ion Rates r Two nth Next 30 000 gallo at $ per 1 , 00 g1.tons Balance at pe 1 ,000 ga ns. 1 1 WATER BY—LAWS: • Amendments to By—Law # 260, were as follow.: • Sec. 1. — Para (e) "Duly authorized agent of Council, shall m�:r, etc." 2. — (k) "No change re Commercials" 2. — (e) "To Supervise and inspect installation of meters and attach proper Village Seals to same." 4. — (a) "Clerk Treasurer or other authorized agent c: Council" 4. — (d) Delete $3.00. Add "a fee for inspection sno.::. on Schedule "A" as here , attached." 23. — Add "only" to paragraph at end, after the won: Superintendent. 26. — (a) remove "and installed". 26. — (b) after repairing meters — remove"including the cost of such meters". Add"and a fee for inspection of such meters, plus a deposit charge as outlined in Schedule "A"," shall be prepaid by the applicant before the water is turned on. 49. — (a) amend as perSehedule "A" 49. — (b) Add after Superintendent — " The SuperintenLent's duties are to be limited to inspecting services and turning water on and off at stand pipe and the Superintendent SHALL NOT install meters. 53. - (a) amend as per Schedule "A" 56. — at end, after meters add "and shall have shut—off valves at each end. SCHEDULE "A" Addition — Deposit on water meters will be $35.00. In addition to the above amendments, the following was discussed: 1. Water Superintendent — A decision will be made .t the next regular meeting to appoint a Water Superintendent by By—Law. 2. Sec, 5 - a decision will be made at a later date to qualify an authorized agent of Council to collect the installation charo�. 3o Sec. 31 (a) is to be studied further. 4. Council will study the By—Law further for other amendments,later on. 5. A request was made to contact the Ministry of Environment to try to secure a set of plans of the water system, shorti_ water main sizes, hydrant locations, etc. for the Fire Departm�.t. Mot .on #2: Moved by H. 0. Alwar_., second..d by G. Loucks, that thus Special Meeting of Council, be adjourned until the ..ext regul..,r meeting except in case of the necessity of another Special :.eating. TIME: 10:40 p.m. CARRIED. ,/ov 6 /7y /t/ N M E - T u"/ Al THE CORPORATION OF THE VILLAGE OF i PORT BURWELL BY-LAW NUMBER 260 WHEREAS The Corporation of the Village of Port Burwell has constructed and now operates and maintains a waterworks system; AND WHEREAS the Council of the said Village deems it expedient to make certain rules and regulations for the operation of the said waterworks system; THEREFORE the Municipal Council of the Village of Port Burwell enacts as follows: 1. In this by-law: (a) "Village" and "Corporation" shall mean the Corporation of the Village of Port Burwell (b) "Council" shall mean the Municipal Council of the • Village of Port Burwell (c) "Waterworks System" shall mean the works and equipment under the jurisdiction of the Village for the support or distribution of water or any part of such system. (d) "Superintendent" shall mean the Superintendent of the Waterworks Department of the Village of Port Burwell. (e) "Clerk-Treasurer" shall mean the Clerk-Treasurer of the Village of Port Burwell. (f) "Premises" shall mean the property being supplied or to be supplied with water and includes the portion of a multiple occupancy premises separately supplied. (g) "User" shall include, as the context requires, the applicant for water supply, the owner or occupant of and theperson to whom invoices are sent, for water supplied to the affected premises. -2- • (h) "Water Service" shall mean the pipes and fixtures used for the purpose of supplying any premises in the Village with water from the waterworks system established by the Corporation and situated between the water main and the limit of the street on which the premises so supplied front. (i) "Private Water Service" shall mean the pipes and fixtures used for the purpose of supplying any premises in the Village with water from the waterworks system established by the Village and situated between the street line in front of the premises so supplied and the meter or stop and drain as applicable. (j) "Cottage" shall mean any dwelling, structure or shelter erected and used for human habitation during the months of May to October only. (k) "Commercial User" shall mean the applicant for water supply, the owner or occupant of and the person to whom invoices are sent for water supplied . to Any premises in which the water supplied is used directly or indirectly for or in the prosecution of any business , trade or commercial undertaking. 2. (A) The Council shall appoint an officer to be known as the Superintendent of the Waterworks Department of the Village of Port Burwell, whose duties shall be: (a) To generally supervise the said Waterworks Departmei (b) To enforce provisions of this by-law (c) To supervise and inspect all watermains and connections and water services, and private water services installed by private parties in the Village (d) To perform such other duties as may be given to him by the said Council. . . . . 3/ • -3- .4 • 2. (B) The Superintendent shall hold office during the pleasure of the Council. 3. The rules and regulations set out in this by-law shall govern and regulate the operation of any system of waterworks owned by the Village and shall be considered to form a part of the contract between the Corporation and the owner or occupant of any building in the Village for a supply of water by the Corporation to such building, and every such owner or occupant by applying for or accepting a supply of water from the Corporation shall be deemed to have expressed his consent to be bound by the said rules and regulations. 4. (a) All persons desiring a supply of water from the Corporation shall, first, make written application to the Clerk-Treasurer, upon the form approved by Council, showing the purposes for which water is required. Subject to sub-section(b) of this section, such application shall be signed by the owner of the building to be supplied with water or by his agent duly authorized in writing. • (b) Where the necessary water services and private water services have already been installed, and the cost of such installation fully paid, and the premises for which the supply of water is required is occupied by a tenant, the application for a supply of water to said building may be signed by the occupant or owner of sue% building. (c) The application for supply of water to each premises shall be accompanied by a payment of three dollars ($3.00) as fee for inspection of newly-installed private water service and/or turning-on of the water supply. 5. Any person applying to the Clerk-Treasurer for a supply of water shall pay to the Clerk-Treasurer in advance of the installation, the charge set by Council for installing the necessary water service. • 4/ -4- 6. (a) After the payment referred to in the next preceding section has been made to the Clerk-Treasurer, the Superintendent shall install the necessary water service. (b) Persons making application for the installation of water services other than the ordinary dwelling house services shall, at the time of such application, pay to the Clerk-Treasurer the charge for such water services imposed by Council and, upon the receipt of such sum by the Clerk-Treasurer, the Superintendent shall install the necessary water services. 7. The Superintendent shall determine the size of the pipes and fittings to be connected to a watermain, but no service shall be less than five-eights of an inch nominal diameter, and he shall also determine the position in the street where the water services may be connected to any watermain. 8. (a) All water services up to and including 3" in internal diameter shall be of copper pipe and shall be Type "K" • Soft Copper. (b) All water services more than 3" in internal diameter shall be of ductile iron pipe and such pipe shall be suitably coated with pitch. 9. Water services shall be installed only by persons employed by the Superintendent or designated by him. 10. The cost of maintaining water services, other than private water services , and of keeping the same in repair shall be paid by the Corporation. 11. (a) Unless the Superintendent otherwise directs, no water services shall be installed between the first day of December in any year and the first day of April in the following year. is (b) Where the Superintendent is of the opinion that a water service may be safely installed between the first day of December in any year and the first day of April in the following year, he may permit such water service to be instilled upon such terms and conditions • as he may deem necessary. . . . . 5/ 4 -5- 12. All water services shall be at least five feet below the finished grade of the street in which such services are laid, and will be properly protected from freezing. 13 . All private water services shall be of the same material as the water service to which such private water service is connected, and the pipes and fittings used for private water services shall conform in design and quality to the standard prescribed by the Superintendent. 14. All private water services shall be laid at least five feet below the finished grade of area through which they are installed, and shall be properly protected from freezing. 15. (a) The owner of any building may request the Superintendent to install the necessary private water services at the time the water services for the same building are being installed, and the Superintendent may, if he deems it expedient, install such private water service upon the owner pre-paying to the Clerk-Treasurer the estimated cost of the installation of such private water service. (b) In the event of the actual cost of the installation of such private water service exceeding the amount prepaid to the Clerk-Treasurer, the person applying for such installation shall forthwith, after the completion of such installation, pay to the Clerk- Treasurer the balance of such cost. (c) Nothing in this section shall relieve the owner from the obligation of maintaining such private water service in accordance with the provisions of this by-law. 16. Subject to the provisions of Section 15 of this by-law, all private water services shall be installed by the owners of the premises for which such private water services are required, or their agents. . . . .6/ 010 -6- • 17. Private water services shall be properly laid and graded with a fall to a stop and waste cock placed in the cellar or basement, or other convenient place so that all pipes within the building may be emptied by opening the faucet at the highest point therein and allowing air to enter the said pipes. In any buildings to which there is no basement, a stop and waste cock shall be placed so that it is protected from frost, and so that the pipes may be conveniently drained. In all commercial premises, as designated by the Superintendent, sufficient space shall be allowed on the horizontal pipe for the installation of a water meter. 18. Private water service pipes in a building shall be located in the parts thereof best protected from frost. No private water service pipes shall be placed back of plaster on outside walls . In buildings where there is no cellar, the pipes shall be carried to or near the centre of the building or to an unexposed part thereof, previous to being carried upward. In all exposed situations, if it is • necessary to protect the service pipes and fixtures from freezing, each pipe shall be properly insulated with two inch minimum thickness preformed polystyrene pipe insulation, and surrounded by a box constructed of some non-conducting material. It shall be the duty of the installer employed by the owner or agent to protect and guarantee from damage by frost all work done by him. 19. The Superintendent of Waterworks shall be notified by the owner of the premises when the private water service has been laid and is ready for inspection. All works must be left uncovered and convenient for examination until inspected and approved. No water supply shall be turned on until the work is inspected and approved by the Superintendent. 20. The owner of any property shall maintain in proper order and repair, at his own expense, the private water service and its fixtures and appurtenances. 7/ • . • -7- 410 21, (a) Not more than one building shall be supplied from a single water service and for the purposes of this by-law a semi-detached dwelling shall be deemed a separate dwelling. (b) Provided that where a building occupies the frontage of a lot and buildings are located in the rear of the said building, all such buildings may be supplied from one water service provided uththat all ll said buildings belong to one owner to such pay the water rates for all water supplied buildings . 22. In all cases where range or steam boilers are supplied with water, it is understood and agreed that the Village will not be liable for any damage which may result to any person or premises or equipment caused by the shutting off of the wwhateverm even inr froany er casesnor whereenoice pipe for any purpose notice is given, or caused by uneven water pressure. All service pipe connections tboilers escapingshall backhave check valves fixed to prevent water into the mains and suitable relief valves to relieve excess pressure. • - 23 . Where the necessary water service and private water service has been completely installed to the satisfactiol of the Superintendent and in compliance with the rules and regulations set out in this by-law and the payments provided by Subsection (c) of Section 4; by Section 5, and by Subsection (b) of Section 26 of this mayw be made the Clerk-Treasurer, the water to the premises turned on by the Superintendent. 24. All water supplied through private water services to all users , and Domestic Users with swimming pools, shall be charged for at the applicable flat rates fixed from time to time by the Council of the Village of Port Burwell, and the owner of the premises will be held liable for all water charges. 25. All water supplied through private services to "Commercial Users" shall be metered, and the rates charged shall be those fixed from time to time by the Council of the Village of Port Burwell. • 8/ -8- 4 26. (a) All meters shall be furnished and installed by the Superintendent (b) The cost of installing and repairing meters , including the cost of such meters shall be prepaid by the applicant before the water is turned on. If the meter is mechanically defective then the cost of repairs shall be paid by the Village, but if the meter is damaged by the carelessness or neglect of any person, other than an employee or agent of the Village, the owner of the premises shall pay to the Corporation the cost of making the necessary repair to such meter. 27. If a meter fails to register, the consumer will be charged for the average consumption for the pertinent period as determined by the Superintendent. 28. All water passing through a meter will be charged for whether used or wasted. 29. (a) The owner or occupant of premises shall provide ready and convenient access to the meter so that it may be frequently read and examined by the Village inspector. (b) Where a meter cannot conveniently be placed inside a building it shall be placed in a meter chamber, the location and construction of which are approved by the Superintendent, and the cost of which is paid for by the applicant. 30. (a) A meter will be removed and tested upon request. If it is found to register correctly or not in excess of three per cent in favour of the Corporation, the expense of removing and testing of the meter will be paid by the person requesting such test. (b) If a meter when tested is found to register in excess of three per cent in favour of the Corporation, a refund will be made to the aansumer of an amount equal to such excess percentage of the water rates paid for the two months prior to the testing of said meter. Provided, however, that no reduction . . . . ,9/ -9- • 30. (b) -continued shall be made which will reduce the water rates for the two months prior to the testing ' of such meter below the minimum water rates fixed by Council. 31. (a) One meter only shall be placed in each building, apartment or other commercial premises in the Village, and the plumbing shall be so arranged that all water used on such commercial premises shall pass through such meters and the owner of the premises will be held liable for water charges. (b) Every meter shall be placed in such location as the Superintendent shall direct . 32. The Corporation may enter into agreements with owners to provide for the installation of water services or meters in any other manner satisfactory to Council. 33. Billings for"Domestic" (flat rate) services shall be rendered each two months. • Billings for "Cottage (flat rate) service shall be rendered annually in the month of May and shall be paid in full at that time. Billings for "Commercial" monthly and for "Domestic" with swimming pool service shall be based on two month' s consumption. If meters are for any reason not read bi- monthly or monthly as the case may be, an average of previous bi-monthly, or monthly consumption will be used for billing. No charge for water supplied, for any type of service, shall be for less than the minimum rate fixed for the period pertaining to the type of customer. 34. No reduction shall be made as provided in Section 30 if the owner or occupant of the building has not complied with the provisions of this by-law. • 10/ -10- 35. When water is supplied to a multiple family dwelling, the account for the water supply shall be charged to the owner or principal occupant of the premises and in case of non-payment, the water may be shut off, notwithstanding that one or more of the occupants, have paid part or all of the account to such owner or principal occupant. 36. All sums charged for water supplied, or for expenses incurred, by the repair of private water pipe services, meters, fixtures, and all other appliances connected with the water service or for damage to the same shall be charged to the owner of the premises. If for any reason charges for water rates cannot be collected from the owner, or the occupant of the premises, the water shall be turned off on account of non-payment. No application for water supply for such premises shall be approved by the Corporation, notwithstanding that the ownership of the said premises shall have changed, until such sums and other charges have been paid in full to the "Public Utilities Commission" . • 37. A book shall be kept in the office of the Public Utilities Commission, which book shall contain the street number and location of premises from which water has been turned off for non-payment of accounts and the sum remaining unpaid, which book shall be for the information and protection of person or persons intending to purchase any property, and such person or persons may ascertain at the office whether any accounts appear upon such book. 38. (a) Any person may, upon payment of thirty-five cents, receive a certificate from the Public Utilities Commission of Port Burwell showing that all accounts or charges against the premises covered by such certificate have been paid or the amount of any charges or account outstanding. (b) The foregoing shall not be held to prevent the Corporation from resorting to other means or method of collecting said accounts. • 11/ 8 -11- 39. (a) The water rates charged by the Corporation shall be those set out in Schedule 'A' to • this by-law, unless the same are changed by by-law or by resolution of the Council. (b) The Council may from time to time change said water rates without notice to any person taking a supply of water from the Corporation. (c) All accounts for water shall be prepaid. The first account shall be based upon the minimum rate for two months, or as it may be from time to time fixed by Council. (d) Payment to the Corporation of accounts for the supply of water shall be made at two month intervals. A five percent penalty shall be charged on all accounts not paid in full on or before the tenth day after the date upon which accounts are rendered. 40. Builders requiring water for building purposes shall make a separate application for each building to be erected and shall furnish the Superintendent with • all information required by him and shall pay to the Clerk-Treasurer such special water rates as may from time to time be fixed by the Council. A permit for the use of water for building purposes shall be in force for six months from the date thereof. 41. (a) Equipment installed solely for the automatic extinction of fires in buildings may, with the approval of the Superintendent, be attached to watermains provided that such equipment is entirely disconnected from water pipes used for any other purposes, and water supplied through such equipment is used solely for the purpose of fire extinction. All such equipment must be provided with a suitable valve outside the building and under the exclusive control of the Corporation. A valve shall be placed at each hose opening in the stand pipe and all such valves shall be sealed by the Superintendent. Whenever the seal of any such valve is broken for the extinction of any fire, the person breaking such eal shall immediately thereafter, give notice • to the Superintendent, who shall immediately SOW12/ -12- 41. (a) -continued- upon receiving such notice re-seal the said valve. The Corporation may require a compound meter of approved pattern to be furnished, installed or maintained by the owner, lessee or agent. In case of violation of this rule the Superintendent may shut the control valves and refer the matter to Council. Such control valve shall not be again opened without authority from the Council. (b) No seal placed by the Superintendent upon a valve situated at a hose opening in a stand pipe shall be broken nor shall any water be used from equipment for fire extinction, for any purpose except the extinction of fire without the consent in writing of the Superintendent. 42. With the consent of the Waterworks Superintendent, the water service may be laid in the same trench as a • sewer, provided a shelf is cut on the side of the trench for receiving the water pipe at a location above the sewer. 43. (a) No person shall make any connection or connections whatsoever to any water service or private water service without the written consent of the Superintendent first obtained. The owner of the premises on which an unlawful connection has been made shall be responsible for the water rates or charges which would have been payable in addition to being liable for any other penalty provided by by-law or by any Act or Acts of the Legislative Assembly of Ontario or the Parliament of Canada. (b) No person shall under any circumstances connect any faucet, tap, hydrant or appliances of any kind whatsoever to any water service or private water service without the written consent of, the Water- works Superintendent. • 13/ -13- 44. 13 44. No person supplied with water by the Corporation shall be entitled to 'Ise such water for any purpose other than those stated in his or her applications. 45. No person being the owner, occupant, tenant or inmate of any house, building or other premises supplied with water by the Corporation shall rent, sell or dispose of such water or give away or permit the same to be carried away or used or apply such water to the use or benefit of any other person. 46. In case of making repairs or constructing new work in connection with the waterworks system, the Superintendent may shut off the water from any consumer without notice, and keep it shut off as long as may be necessary and the Corporation shall not be liable for any damage resulting therefrom. 47. The Superintendent or any person duly authorized by him for the purpose, must at all reasonable hours, upon presentation of satisfactory identification, be given free access to all parts of every building to which • the water is supplied, for the purpose of inspection and examination of meter, fixtures and pipes of every kind used in connection with the supply of water to or the use of water on such premises. 48. Any consumer wishing ,to discontinue the use of water supplied from the Village Waterworks, must give notice thereof at the Clerk-Treasurer' s office, on the required forms, or the water rates or charges will be continued until such notice is given or until the water is turned off. 49. (a) Water service to cottage consumers shall be turned on at the request of the owner on May 1 and turned off on October 31 each year by the Waterworks Superintendent only. (b) Application for cottage service must be made as set out in Section 4 of this by-law, save that such application need be made only one time. Thereafter, water service shall be turned on and turned off annually by the Waterworks Superintenden • 14/ -14- ' • (c) Any cottage consumer wishing to discontinue the use of water supplied from the Village Waterworks, must give notice thereof at the Clerk-Treasurer ' s office prior to the thirtieth day of April. (d) Where application for discontinuance is made after the thirtieth day of April, the owner shall pay to the Corporation that portion of the set flat rate annual charge equal to the time elapsed after the thirtieth day of April until the date of application for discontinuance. In addition to this charge, the owner shall pay to the Corporation the total charge established in Appendix A hereof for annual connecting and disconnecting of the said water service. 50. Whenever water has been turned off for non-payment of the water charges or for purposes of repair on construction or for any other necessary or proper purposes, no person will be permitted to turn it on again who is not duly authorized to do so by the Superintendent. • 51. No person or persons except the Superintendent or those acting under his direction or authority, shall open or close any valve hydrant or gate in the street mains, or molest or interfere with the same in any manner. 52. The Waterworks Superintendent when acting in the discharc of his duties under this by-law shall be ex-officio constable. 53. (a) Whenever any persons taking a supply of water from the Corporation fail to comply with the provisions of this by-law in any respect, the Superintendent may, without notice to such persons, turn off the water and the water shall not be turned on again until all the provisions of this by-law are complied with and the sum of Five Dollars paid to the Clerk-Treasurer to cover the cost of turning the water off and on. (b) Failure to pay water rates as and when the same • become due and payable shall be considered to be a failure to comply with the provisions of this by-law. 15/ -15- 54. There shall be no connection between the water services or private water services and any cisterns, wells, privies, privy vaults or cess-pools. 55. There shall be no connection between the water services or private water services and a private pressure pump. 56. All installations must have a horizontal piece of pipe to coincide with a length of standard type meter before water service is connected. Such pipe should be located to facilitate future installation of water meters . 57. Any person owning property in an area in which the installation of water mains is completed and who applies for a water service shall pay $250.00 to the Clerk- Treasurer at the time of application. He shall then be entitled to such installation by the Superintendent or a person designated by him. 58. If water is supplied to premises on a flat rate and if the premises are occupied by more than a single family, • then the rates to be charged in such cases shall be those set out for multiple family dwellings in Schedule "A" to this by-law. 59. For the purpose of this by-law, the owners or occupants of farm property shall be classed as "Commercial Users" and farm property shall mean not less than twenty acres of land in the actual occupation of the owner of it. 60. Any person convicted of a breach of any of the provisions of this by-law shall forfeit and pay at the discretion of the convicting magistrate a penalty not exceeding the sum of Three Hundred Dollars, exclusive of costs for each offence. 61. This by-law shall go into force on the day of the final passing thereof. PASSED THIS 11th DAY OF NOVEMBER 1971 M. Blyth, Reeve • H . Wolfe, Clerk-Treasurer 410 SCHEDULE "A" TO BY-LAW NUMBER 261 SERVICE MINIMUM RATE PER TWO MONTHS A. Domestic 1. Single Fami . Flat Rate $13.00 Dwelling 2. Multiple Family Flat Ra. - $13.00 Dwelling PER UNIT 3. Swimming Pool Annu- Charge $3. 35 per 1,000 gals of pool capacity B. Cottage Fla Rate $39.00 Annual Charge Payble May 1 PLUS $5.00 Annual Turn-on and Turn-Off Charge 401100010644 ., =ficial Monthly Billing (a) $ 7.00 per month -• Minimum Billing (b) •onsumption in excess o ' 3,000 gallons @ $2. '5 per 1,000 gals -1 l - • THE MUNICIPALITY OF VILLAGE OF PORT BURWELL # 261 Meeting . nec. 7, ,19 71 ii Moved B li .��1., ,,_. ------- That leave be granted to introduce By-law to Seconded By . ....L41 ii;.1 . Estimate the expenditures of the Village on the roads and streets en a Supplementary to By-laws # 251 and 253 as follows: Maintenance $5000.00 and that Bylaw presented herewith be read a first time. By-law read a .i._ t--,,,. time Moved 42 By That By-law now read a first time be read a second time forthwith. Seconded B t. -x-44-- 4..tet--- By-law read a time Moved By ���[•i"��_ �l_:.�c�'SF..-'"lad - That By-law now read a second time be read a third time forthwith. Seconded By •-•1-_Ls- - -- By-law read a ..___ .. _-time Moved By Cr.Jar4i- / ,./Z3`{^v - That By-law now read a third time do pass, be engrossed by the Clerk, and signed and Seconded By _--_- sealed by the Reeve. a-7I - 13 . • • THE MUNICIPALITY OF VILLAGE OF PORT BURWELL # 262 Meeting Dec7 ,19 71 Moved That leave be granted to introduce By-law to Seconded-11 ..2,/r ..---ce7 To prohibit the use of all guns including Pellet and B B Guns within the limits of the Village of Port Burwell. and that Bylaw presented herewith be read a first time. By-law read a _..a _ time MovedBaca- 2....44Z- That ..._._. That By-law now read a first time be read a -4 second time forthwith. Seconded ��-- __ AA ----------- By-law read a _4' time Moved By C.1.441. .��� That By-law now read a second time be read , a third time forthwith. Seconded By 4161 •! - . _ - . .� By-law read /. time Moved --- -' - ThatBypass,-law now read a third time do be engrossed by the Clerk, and signed and Seconded By • 1%1" .. �� -. _ sealed by the Reeve. (?1) ajJ :272g-/ �.