HomeMy WebLinkAboutPort Burwell By-Laws 1989 Port Burwell
Bro Laws
4444,
By-Laws
# 89 - 02 -- 89 - 26
1989
411
THE CORPORATION OF THE
VILLAGE OF PORT BURWELL
BY-LAW NUMBER 89-02
Being a by-law to set water
and sewer user rates in the
Village of Port Burwell .
WHEREAS by Chapter 302 R.S .O. section 218 paragraph ( 16 ) the
Council of a local Municipality may by by-law provide for
imposing upon owners or occupants of land who use sewage works a
sewage service rate .
WHEREAS Chapter 302 R. S .O. section 218 paragraph 2 and R.S .O.
Chapter 423 section 12 , 27 and others provides for imposing
rates , regulating , metering, measuring and collection
frequencies , methods for water and sewer rates .
• THE Corporation of the Village of Port Burwell hereby enacts :
1 . That all users of Port Burwell Municipal Water System are to
have their water supply metered.
2 . The meter, remote readout and meter connections are owned by
the Corporation.
3 . The meter is to be sealed by a Corporation representative and
the seal is to remain unbroken , except by a Corporation
representative .
4 . The readout is to be placed near the hydro meter readout with
the utility user supplying sufficient space, with unhindered
visibility and access close enough for reading with the naked
eye.
5 . The utility user or occupant may enclose the meter .
6 . The meter is not to be altered , defaced, or changed in any
manner.
7 . The meter is to be installed without a valve between the
meter and the exterior stop cock .
8. There are to be no T' s or supply splits between the stop cock
and the meter .
IlpRATES :
1 . All metered users shall pay $1 . 21 for the first cubic meter
( $5 . 50 for the first 1 ,000 imperial gallon) of water metered
each month , and an additional $1 . 21 for each cubic meter ,
metered each month in excess of THE FIRST 5 cubic meters
(approx . 1000 gal ) METERED per month .
2 . Where Municipal sewers are connected to the metered supply,
the sewage service rate shall be $13 .64 each and every month
irregardless of the quantity of water used.
3 . Metered users shall receive a minimum bill for the first 5
cubic meters a month irregardless if it is used.
I .
• 4 . Commercial and industrial metered users shall pay a rate
- that is -The same as the metered residential users.
5 . Customers of occupied residence and businesses shall pay a
monthly rate equivalent to 80 cubic meters if meter readings
are unavailable or tampered.
6. Unmetered customers of abandoned homes or businesses shall
pay a rate equivalent to upon approval by resolution of
Council .
7 . All Customers shall be entitled to one free turn on or turn
off per calender year, and each turn after this shall be
charged at $15.00. This charge shall be levied in case of
turn off for non payment of account or at the Customers
request.
8. All work performed on private property shall be charged at
the current rate and is to be due on rendering of account.
This charge is to be lien on the property and is to be
collected as an extension or addition to the water/sewer
bill .
9 . Should a Municipal sewer to be hooked to a private water
supply, the rate shall be $13 .64 per month .
• 10. Any out of Town users shall pay a rate of 1 1/2 times the in
Village users.
12. No person may use water from a fire hydrant, with the
exception of fire departments.
Any person who contravenes this by-law is subject to a fine of up
to $1 ,000.00 upon summary conviction.
THIS by-law repeals and rescinds all other previous by-laws that
determine user rates.
THIS by-law to come into effect on February 1 , 1989 at 1 :00 A.M.
THIS by-law does not replace the P.U.C. Act R.S.O. Chapter 423.
MOVED BY • SECONDED BY -00",f—?
DAT g 1 1�(
That by-law 87-23 be read a first time. se: . -o-d ca .' d t
21 ;::/iii
su e�n4k
MOVED BY Ofri /
SECONDED BY ' . i'c'y ATE gqq
THAT by-law 87- 3 be ead - second time. Read a r dispe sed 4#4
with. ��
MOVED BY /i/, , 4✓�%`� SECONDED BY g dispensw th DATE F C',
THAT by- - 87-23 be v-ad a third time. 'eadinI
Y Pd
• finally passed.
��� ViR) REEVEAAdige CLERK
BY-LAW 89-03
• Being a by-law to set the time
for regular scheduled Council
meetings .
WHEREAS Chapter 302 , Section 53 permits Council to hold meetings
at such places as Council appoints and
WHEREAS Council desires to hold regular scheduled meetings on
certain days every month .
THEREFORE be it enacted effective January 11 , 1989 .
1 . There shall be a meeting held on the second and fourth
Tuesday, of each month at 7 : 30 P.M.
2 . The place of the meeting shall be the Clerk 's Office
at 21 Pitt Street.
3 . Council may cancel or reschedule a meeting from time to
time by resolution .
This by-law supercedes all other by-laws that appoint time and
place of scheduled Council meetings . (yft
MOVED J //az
" •c SECONDED BY " ,� DATE Rei,c �1W
i
That by-la: :9-03 be read a first time. Re: - : n• carried .
MOVED BY ....A SECONDED BY —JAWDATE Qte
That by-law 89-03 be read a second time Read and carried. ; '�
MOVED BY -f�..�•.__, SECONDED BY /�; DATE
That by-law 89-03 be read a third time . Readin dispensed with ,
finally passed.
4:11C2e) Lod 1/4,e__cS, e- CA4)
a
CORPORATION OF THY-E VI
LAWLL89-0AGE 4OF PORT BURWELL
B
Being a by-law to adopt a
New Official Plan for the
Village of Port Burwell'
THE Council of the Corporation of the Village of Port Burwell
under Section 17 of the Planning Act , 1983 , hereby enacts as
follows ;
1 . That the portion of the East Elgin Official Plan relating to the
present Village of Port Burwell and adopted by Council by the
enactment of Resolution No. 3 passed on the 9th day of July,
1985 , be repealed.
2 . The Official Plan for the Village of Port Burwell consisting of
the attached Schedules "A" , "B" . "C" and "D" and explanatory
text , is hereby adopted.
1113 . That the Clerk-Treasurer is hereby authorized and directed to
make application to the Minister of Municipal Affairs for
approval of the Official Plan for the Village of Port Burwell .
4 . This by-law shall come int. force and take effect on the day of
the final pass ' g , er-of
MOVED BY itf SECONDED BY - DATE • VI,..\That by-law 89-06 be • 'a4 a first time . Read and carried. '.A[�
MOVED BY g 4 SECONDED B , i, , i .� / DATE
That by-law 89- 6 b ,ead a second ti .,e . , ',..ad nd carried. a Jet
MOVED BY �, SECONDED BY 01 C DATE R1
w
That by-law 89-06 be read a third time. Reading dispensed th ,
finally passed.
•
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ZCK,Ol %Qb. .0 \\Q))
V(C ��' Y`
THE CORPORATION OF THE VILLAGE OF PORT BURWELL
By-Law No. 89-04
Being a By-law to adopt a new Official Plan for
• the Village of- Port Burwell
The Council of the Corporation of the Village of Port Burwell ,
under Section 17 of the Planning Act, 1983 , hereby ENACTS AS
FOLLOWS:
1. That the portion of the East Elgin Official Plan relating
to the present Village of Port Burwell and adopted by
Council by the enactment of Resolution No. 3 passed on
the 9th day of July, 1985, be repealed.
2 . The Official Plan for the Village of Port Burwell ,
consisting of the attached Schedules "A", "B", "C" and
"D" and explanatory text, is hereby adopted.
3 . That the Clerk-Treasurer is hereby authorized and
directed to make application to the Minister of Municipal
• Affairs for approval of the Official Plan for the Village
of Port Burwell.
4 . This By-law shall come into force and take effect on the
day of the final passing thereof.
READ A FIRST AND SECOND TIME \
THIS 10 DAY OF January ► 1989 (R '
Resolution No. : 01
(C RK)
READ A THIRD AND FINAL TIME AND PASSED
THIS 10 DAY OF January , 198a
Resolution No. : 01
CLERK) /
111
•
410
VILLAGE OF PORT BURWELL
OFFICIAL PLAN
44
APRIL. 1988
CONLIN ENGINEERING & PLANNING LTD
WELLAND RED LAKE REMORA LONDON THUNDER BAY KITCHENER
•
PORT BURWELL
OFFICIAL PLAN
This Official Plan which has been adopted by the Council of the
Corporation of the Village of Port Burwell is hereby approved, in
accordance with Section 17 of The Planning Act, 1983,
S
Date
1
TABLE OF CONTENTS
• - SECTION •- TITLE PAGE
1 INTRODUCTION 1
1 .1 Preamble 1
1. 2 Purposes 1
1 . 3 Goals 3
1.4 General Policies 3
1 . 5 Amendments and Reviews 5
1.6 Responsibilities of Council 5
1.7 Official Plan 5
1.8 Title 5
1.9 Scope 6
1. 10 Public Works 6
1.11 Municipal By-laws 6
1. 12 Private Interests 6
2 BASIS 7
III 2. 1 Background , Assumptions and Principles 7
2 .2 Existing Situation 7
2. 3 Future Growth 11
2 . 4 Principles 12
3 LAND USE 16
3.1 General 16
3. 2 Residential 16
3 .3 Multi-Family Residential 18
3.4 Mobile Home Residential 19
3 . 5 Commercial 20
3 .6 Industrial 21
3 .7 Institutional 22
3 .8 Open Space 22
3 .9 Hazard Land 23
111
4 GENERAL DEVELOPMENT POLICIES 26
4 . 1 Existing Land Uses 26
• 4 . 2 Land Division - General 27
4 . 3 Land Division - Consent to a Land Severance 27
4 . 4 Land Division - Registered Plans of Subdivision 29
and Condominium
4 . 5 Site Plan Control 29
4 . 6 Parkland Conveyance 31
4 . 7 Energy Conservation 31
4 . 8 Group Homes and Crisis Housing 34
4 .9 Community Improvement 36
4 . 10 Municipal Services 40
4 . 11 Transportation 40
4 . 12 Mobile Homes 41
4 . 13 Education and Health Facilities 42
4 . 14 Buffering , Separation Distances and Landscaping 42
4 . 15 Economic Development 42
4 . 16 Fisheries Resources 43
4 . 17 Wildlife Resources 43
III 4 . 18 Forestry 44
4 . 19 Forest Protection 44
4 . 20 Docks and Waterfront Structures 44
4 . 21 Lake Erie Shoreline and Banks of Big Otter Creek 45
4 . 22 Floodproofing 47
4 . 23 Public Works and Utilities 47
5 IMPLEMENTATION AND ADMINISTRATION 48
5 . 1 Council ' s Role in Implementation 48
5 .2 Public Sector and Private Sector 48
5. 3 Restricted Areas Zoning Bylaw 49
5 . 4 Existing and Non-Conforming Uses 49
5. 5 Temporary Use By-laws 51
5 . 6 Bonus Provisions 52
5 .7 Building Permits 53
5 . 8 Official Plan - Amendments and Review 54
5 .9 Public Participation - Official Plan Amendments 54
• 5 . 10 Public Participation - Amendments to Zoning By-laws 56
5. 11 Minor Variances 58
5 . 12 Implementating the Community Improvement Policies 58
5. 13 Consents to Sever Land 59
5. 14 Subdivision of Land 59
5. 15 Property Maintenance and Occupancy Standards 59
5 . 16 Fees 61
5 . 17 Land Use Boundaries 62
SCHEDULES
•
• A" LdWd Use Designations
B The Community Improvement Area
C The Classification of Roads
•
•
111
SECTION 1 - INTRODUCTION
• 1 . 1 Preamble
The Village of Port Burwell is located in Southwestern
Ontario, approximately 25 kilometres south of the Town of
Tillsonburg on the north shores of Lake Erie in Elgin
County.
The Village is 166 hectares in size and is comprised of
about 261 households and a population of approximately
680. The Village has a rich history linked to the
Neutral Indians who inhabited the lands during the 16th
century. European settlers arrived in the early 1800 ' s
and began clearing the land . The community started to
grow around 1830 , based on the port facilities ,
surrounding farms and the large quantities of local pine
and oak lumber , much of which was harvested and exported.
S
The Village grew to a population of 700 during this time
period and has changed relatively little from this to the
present day. Of particular significance is the decline
of residents in the 36 - 45 and 66+ age brackets. This
can be attributed to the limited employment opportunities
afforded within the community as well as the lack of
seniors' housing available. In light of the above , the
Village of Port Burwell has become committed to actively
seeking and encouraging new development. This Plan is
pro-development and represents a step towards the re-
emergence and reviltalization of Port Burwell .
1 . 2 Purposes
The purposes of this Official Plan are to:
(a) Establish objectives and policies which will
. guide the nature and location of physical
development in Port Burwell over the next 5
years .
(b) Promote and secure the health , safety ,
convenience , welfare and quality of life of
residents and visitors.
1
kc) Promote and facilitate the expansion and diversi-
fication of the local economic and tax base.
• (d) Qualify the Village of Port Burwell for various
programs funded by senior levels of government
which will allow the Village to attain its social
and economic priorities.
(e) Provide a base for programming the expansion and
upgrading of municipal services that recognizes
the Village's financial capabilities and prevents
development which would require disproportion-
ately costly public services because of the
location or type of use.
( f) Provide a guiding framework for implementing By-
laws passed by Councils and for decisions of
local boards, commissions , committees and other
authorities .
• (g ) Provide a policy document based on the statutory
provisions in The Planning Act , 1983 in order
that Council will not undertake any public works
or pass any by- law which does not conform with
the intent of this Plan.
(h) Provide guidance to Council in preparing ,
administering and amending a Comprehensive Zoning
By- law.
( i ) Inform residents of the Village of the policies
which affect the physical development of land in
Port Burwell .
(j ) Ensure that land use conflicts are avoided and
the natural and man-made environments are
• protected .
(k) Ensure that the Village of Port Burwell ' s
resources are rationally used and its natural
features protected .
2
1 . 3 Goals
1 . 4
• The goals of this Official Plan are :
(a) Future development within the Village of Port
Burwell should be guided so as to retain its
Village character .
(b) Future development within the Village of Port
Burwell should be guided so that residents have a
choice of alternative employment opportunities .
(c) Future development within the Village of Port
Burwell should be guided so that all residents
can find housing , recreation and services
appropriate to their life styles .
(d) The future development of the Lake Erie shore
S
line and land adjacent to Big Otter Creek should
be guided to exploit its potential for public and
private recreation while preserving the scenic
character and to prevent incompatible permanent
development on hazardous areas .
(e)
General
Burwell should be guided to preserve a high level
FutuPoliciesede
of environmental quality and to prevent land use
conflricts .velopment within the Village of Port
The general policies of this Official Plan are to:
(a) Encourage residential development to occur as an
infilling situation .
• (b) Encourage the development of different housing
types so as to serve the needs of all residents
of the Village of Port Burwell .
(c) Encourage commercial development to locate along
Robinson Street by renovating older structures
and building new ones.
3
(d) Discourage commercial development on Chatham
• Street or other areas of the Village of Port
Burwell which may affect the strength of Robinson
Street as the central business area .
(e) Encourage improvements in the physical
appearances of the core areas of Port Burwell to
create a new revitalized image .
( f) Encourage growth of new industries that are
compatible with the Village's environment so as
to provide additional employment opportunities to
the residents of Port Burwell .
(g) Preserve and/or develop for their inherent value ,
areas of exceptional scenic and recreational
value throughout the Village of Port Burwell ,
particularly along the Lake Erie shoreline and
• the banks of Big Otter Creek.
(h) Guide and regulate any development in areas of
exceptional scenic or recreational value to
insure the impact will not change the
environmental character of the area.
( i) Make major areas of scenic or recreational value
accessable to the public.
( 1 ) Ensure that all development of the Lake Erie
shoreline or the hanks of Big Otter Creek will be
in accordance with the practices of the Long
Point Region Conservation Authority, the Ontario
Ministry of Natural Resources , and any other
Provincial and/or Federal Government Agency which
may have concern for development.
• ( k) Ensure that all natural areas within the Village
of Port Burwell Planning Area are properly
managed and maintained.
4
1 . 5 Amendment and Review
• This Official Plan is not a static document and may be
changed by Official Plan Amendment whenever appropriate.
All Official Plan Amendments are subject to the approval
of the Minister of Municipal Affairs.
The provisions of this Plan will be reviewed at five year
intervals to ensure that the policies are relevant and
appropriate in light of changing conditions.
1 . 6 Responsibilities of Council
In respect to Official Plans , the Council of the
Corporation of the Village of Port Burwell has the
responsibility to:
(a) Prepare an Official Plan .
• (b) Review the Official Plan from time to time and
make amendments as necessary.
(c) Advise and secure the views of the public , local
authorities , agencies and boards in respect to
the Official Plan and Amendments.
(d) Prepare , consider and adopt local legislation ,
and amendments to local legislation , which imple-
ment the policies of the Official Plan.
1 . 7 Official Plan
This document constitutes the Official Plan of the
Village of Port Burwell and is prepared in accordance
• with the provisions of The Planning Act, 1983.
1 . 8 Title
This Plan may be cited as the "Port Burwell Official
Plan" .
5
1 .9 Scope
• Thrs Plan applies to all lands within the Village bf Port
Burwell .
1 .10 Public Works
Any public works undertaken in the Village shall conform
to the policies of this Plan , in accordance with
The Planning Act , 1983 .
1 . 11 Municipal By-laws
All municipal by-laws passed after this Plan is in effect
shall conform to the policies of this Plan, in accordance
with The Planning Act., 1983.
1. 12 Private Interests
Private interests must adhere to the policies of this
Plan. However , the regulation of the use of private
lands is not possible until the Corporation of the
Village of Port Burwell passes an implementing zoning by-
law pursuant to The Planning Act, 1983 , and other By-laws
passed under other relevant Provincial statutes.
•
6
SECTION 2 - BASIS
• 2 . 1 Background , Assumptions and Principles
This Official Plan is based on :
( i) background information in respect to the
character and nature of the Village;
( ii ) assumptions about the future growth of the
Village , and ;
( iii) a set of principles which indicate what this Plan
is committed to.
This section sets out the key background information ,
assumptions and principles on which this Plan is based .
The background information was obtained by field review
and is published in a document entitled
• Village of Port Burwell Official Plan and Comprehensive
Zoning By-law Background Report (1987 ) .
2 . 2 Existing Situation
The Background Report illustrated that:
2 . 2 . 1 Natural Environment
(a) The Village of Port Burwell is 166 hectares
in area.
(b) The bedrock is covered with thick deposits
of unconsolidated material consisting of
tills , sand and gravel which reaches depths
of 73 meters at the cliffs .
• (c) The soil conditions are highly porous ,
granular , sandy soil . They are quite
acidic , possess low fertility and are
susceptible to erosion.
(d) The banks of Lake Erie are steep and subject
to serious erosion problems .
7
(e) Big Otter Creek is currently experiencing
siltation problems .
•
(f) Drainage is directed towards Big Otter Creek
and Lake Erie .
(g ) Big Otter Creek bisects the Village in a
north/south direction .
(h) The climate of the Village of Port Burwell
is very much influenced by Lake Erie .
2 . 2 . 2 Population
(a) In 1986 , Port Burwell's population was 682.
(b) During the past decade , the Village' s
population declined by approximately 7% as
detailed below:
• POPULATION OF PORT BURWELL , 1974 - 1986
1974 1978 1985 1986
734 640 667 682
Source : Municipal Directories
(c) During the past decade the Village has
experienced a population decline
particularly in the 36 - 45 and over 66 age
groups .
(d) The population is " young " - having
relatively high percentages of its
population in the younger categories and
410 relatively small percentages in the older
categories .
8
2 . 2 . 3 Employment and Economic Base
• (a) In 1986 the employmnet to population ratio
for the Village of Port Burwell was 51 . 9%
(b) Employment levels within Port Burwell have
remained stable during the last decade.
(c) The Village has a severe unemployment
problem. In 1986 20% of all males aged 15-
24 were unemployed .
(d) The majority of residents work outside the
Village planning area boundary.
(e) The economy of Port Burwell is extremely
specialized as close to 50% of the full-time
employment occurs in Primary Industry.
• ( f) The Manufacturing Industry is the second
largest full-time employer in Port Burwell
which represents 14 .7% of total employment .
(g) The Trade Industry ( stores , banks ) and
Community Business Industry are responsible
for 11.5% and 9 .3% of the Village' s full-
time jobs, respectively.
(h) The Public Administration and Finance
Industries contribute less than 4% of the
Village's full-time employment.
( i ) Port Burwell ' s unemployment ratios are
higher than those of the surrounding area .
This is a result of the fact that employment
opportunities within the Village area are
• limited and consequently most residents
leave the area and commute to their work
place .
( j ) Due to the lack of employment opportunites
for middle aged people in the immediate area
(36-45 age bracket) , the Port Burwell area
has experienced a decline in population .
9
s
( k) Providing serviced industrial land and a
campaign to attract and encourage commercial
• and industrial development in Port Burwell
by Council , will improve the employment
opportunities within the Village .
( 1) Port Burwell is located in a prime tourism
area. The potential exists to make the
tourism industry a larger part of Port
Burwe l l's economy.
2 . 2 . 4 Income
(a) In 1986 , the average family income was
$ 16 , 128.00. This was below the Provincial
and County averages .
2 . 2 . 5 Municipal Services and Facilities
• The Municipal services and facilities incorporate
the following :
(a) All lots except 5 seasonal residential lots
are serviced by the municipal water system
which was constructed in 1972. There is
capacity for about 3000 in this system.
(b) The entire water system is relatively new
and free of problems .
(c) The majority of existing development is
serviced by sanitary sewers. Areas not
serviced by sanitary sewers are due to the
absence of development or the residents do
not want to hook up.
• (d ) The sewage treatment plant was constructed
in 1985 .
(e) Ninety-five percent of the Village Planning
Area is serviced by storm sewers . A
replacement program is currently underway
which has resulted in approximately 75% of
the old system being replaced to date.
10
( f) All roads within the Planning Area are of
acceptable standards.
(g) An independent contractor provides solid
waste garbage collection to the residents of
Port Burwell .
(h) Sidewalks and streetlighting are built to
acceptable standards .
( i) A public elementary school accommodating
Junior Kindergarten to Grade 6 is located
within the Village of Port Burwell . All
other grades and/or separate school children
must be bused outside the area.
( j) Residents of the Village of Port Burwell
have access to a variety of both active and
10 passive recreational opportunities.
(k) Spiritual and cultural facilities are
available within the Village of Port Burwell.
( 1) Health care services are limited within the
Village of Port Burwell but social services
for seniors are available.
(m) Police and fire protection are available .
2 . 3 Future Growth
2 . 3 . 1 Council feels that increases and/or decreases in
the population of the Village of Port Burwell
will occur with changes to the employment
opportunities available in the Village and
. surrounding area.
11
4
2 . 3 . 2 Council wishes to encourage economic
• diversification in the Village in the industrial ,
commercial and tourism sectors .
2 . 3 . 3 Employment opportunities will increase with any
new commercial , industrial and/or tourism
development activities in the Village .
2 . 3 . 4 It is expected that Port Burwell ' s population
will increase by approximately 10-20 percent
during the next 10 years. In 1995 , therefore , a
population of approximately 750 - 815 persons is
expected .
2 . 3 . 5 It is expected that the 70 - 140 new residents of
the Planning Area over the next 10 years will
require approximately 30 - 60 dwelling units .
These may be provided in a range of housing
types. The Residential land use designation
identified in this Plan will accommodate this
growth .
2 . 3 . 6 The shores of Lake Erie and the banks of Big
Otter Creek provide ideal opportunities for the
development of tourism activity in the Village .
2 . 4 Principles
This Plan is based on the following principles :
2 . 4 . 1 General
(a) To create an attractive , convenient and
controlled environment in which growth is
economically feasible.
• (b) To create an environment which benefits most
residents and is economical , safe and
healthy.
(c) To minimize land use conflicts, ensure com-
patibility of present and future uses and
promote the efficient use of land.
12
(d) To maintain and/or enhance the visual and
aesthetic quality of the Village.
•
(e) To provide for the preservation and rehab-
ilitation of properties and structures.
( f) To provide stability to presently developed
areas of the Village.
(g) To indicate a policy framework of long-range
goals and objectives that are generally
agreed upon by the residents.
(h) To inform the residents of the Village of
the public policies that affect the
development of land and environmental
standards .
2 .4 . 2 Land Use
•
(a) To provide for the housing requirements of
present and future residents.
(b) To accommodate the land demands of new
industrial , commercial and residential
activites .
(c) To protect and preserve hazard lands, sensi-
tive areas , areas of open space and
important natural resources .
(d) To encourage the mixed use of land .
(e) To encourage compact growth and infilling .
All2. 4 . 3 Economic Base
(a) To revitalize and expand , in an orderly way,
the commercial core.
13
(b) To encourage and facilitate the expansion
and diversification of the Village' s
• — economic base.
(c) To encourage the expansion and diversifi-
cation of the tourism industry in Port
Burwell .
2 . 4 . 4 Municipal Services and Community Facilities
(a) To guide the location and nature of develop-
ment in accordance with the municipal and
Provincial ability to pay for supporting
services .
(b) To upgrade and improve any existing
municipal services and facilities which
Council might feel necessary.
• (c) To provide a range of municipal services and
facilities capable of satisfying the safety,
health , educational and social needs and
priorities of the Village's population.
2 . 4 . 5 Transportation
(a) To provide an efficient and safe transport-
ation system which serves residents ,
visitors and economic activities.
2 . 4 . 6 Implementation
(a) To ensure that the Plan guides the
investment and development decisions of all
government and private agencies , boards ,
commissions and individuals.
III ( b) To provide for an active ongoing public
participation programme in the implement-
ation of the Plan.
14
(c) To ensure that commitments are made to im-
- plement and enforce the policies and
standards of the Plan by means of zoning ,
• property standards , community improvement
and other appropriate legislation.
(d) To undertake a regular review of the Plan' s
provisions .
(e) To amend the Plan when appropriate, subject
to the approval of the Minister of Municipal
Affairs .
4111
•
15
SECTION 3 - LAND USE POLICIES
3 . 1 General
This section sets out the detailed policies for various
forms of development. It should be read in conjunction
with Schedule " A" which depicts graphically the
designations of this Plan .
3 .2 Residential
3 . 2 . 1 Permitted uses in the Residential land use desig-
nation are housing in the form of single and
semi-detached dwellings and duplexes.
3 . 2 . 2 Single and semi-detached dwellings and duplexes
shall not exceed a density of 15 units per
hectare and shall be serviced with municipal
water and sewer services.
•
3 . 2 . 3 Other uses complimentary to, and compatible with,
residential development such as schools ,
churches, retail convenience stores, clinics and
parks are permitted , subject to a rezoning.
These uses will be permitted if they serve the
residential function and improve the quality of
life in the neighbourhood.
3 . 2 .4 Some of the principles to be considered in the
development and zoning of the residential areas
which are to include home occupations are as
follows :
(a) Home occupations are permitted but shall not
• exceed 25 percent and/or 40 square metres of
the total building floor area or create a
nuisance in the form of noise , odor , smoke ,
explosive liquids , fumes and dust to other
residential properties. The outside storage •
of goods is prohibited. Advertising by home
occupations shall be regulated in the zoning
by-law.
16
— (b) The location of home occupation uses shall
be, if possible , restricted to arterial or
• collector roads and not local roads ;
indiscriminate scattering of these uses
shall also be discouraged.
(c) The home occupation uses shall be sited so
as to minimize any adverse effect upon the
adjacent residential uses.
(d) The buildings containing home occupation
uses shall be designed and any lighting or
signs arranged so as to blend in with the
character of the adjacent residential area.
(e) No more than two similar uses shall be
situated in one part of a residential
neighbourhood .
• (f) The home occupation use shall be recognized
in the restricted area by- law.
(g) Adequate off- street parking shall be
provided .
(h) Adequate buffer planting shall be provided
between the home occupation use and any
adjacent residential areas and such buffer
planting may include provisions for grass
strips and appropriate planting of trees and
shrubs .
3 . 2 . 5 Mobile homes and trailers are not permitted in
the Residential Land use designation .
III 3 . 2 . 6 Seasonal residential uses are single detached
secondary residences for seasonal vacations and
recreational purposes. Seasonal residential
dwellings are permitted in the Residential Land
use designation .
3 . 2 .7 The servicing of property and the land division
of property in the Residential designation shall
17
comply with the policies of the General
Development Policies Section of this Plan.
• 3 . 2 . 8 Consents to sever land will be considered in
accordance with Section 4 . 3 of this Plan .
3 . 3 Multi-Family Residential
3 . 3 . 1 Permitted uses in the Multi-Family Residential
land use designation are housing in the form of
triplex dwellings , group homes as outlined in
Secion 4.8 , and medium density residential uses
such as townhouses and apartment building ,
including senior citizen' s complexes .
3 . 3 . 2 Other uses complimentary to, and compatible with ,
residential development such as schools ,
churches, retail convenience stores, clinics and
parks are permitted , subject to a rezoning .
These uses will be permitted if they serve the
•
residential function and improve the quality of
like in the neighbourhood.
3 . 3 . 3 Home occupations are not permitted in the Multi-
Family Residential land use designation .
3 . 3 . 4 Multi -Family uses such as townhouses and
apartment buildings shall not exceed densities of
30 and 75 units respectively per hectare and
shall be serviced with municipal water and sewer
services .
3 . 3 . 5 Mobile homes or trailers are not permitted in the
Multi-Family Residential land use designation .
3 . 3 . 6 Multi-Family Residential uses shall be provided
• with adequate off-street parking and be designed ,
situated , buffered and landscaped so as to
minimize the adverse effects on adjacent
properties .
3 . 3 . 7 All or part of Multi - Family residential
developments in excess of 10 units are proposed
site plan control areas and Council may pass a
18
by- law which requires plans and an agreement as
set out in Section 4.5 of this plan.
3 . 3 . 8 The servicing of property and the land division
of property in the Multi-Family Residential
designation shall comply with the policies of the
General Development Policies Section of this
Plan .
3 . 3 . 9 Council may request that an impact study be
completed by the developer in order to support a
proposed medium density residential development
prior to any re- zoning or amendment to the
Official Plan.
3 . 3 . 10 All development shall be sited to enchance the
quality of the residential neighbourhood , with
particular attention to the effects of vehicular
and pedestrian traffic operation.
• 3 . 4 Mobile Home Residential
3 .4 . 1 All mobile homes are to be located on individual
lots within a Mobile Home Residential
Subdivision .
3 .4 . 2 The lots shall front on a publicly owned and
maintained road .
3 . 4 . 3 The maximum density of development will not
exceed 15 units per hectare and the minimum home size
shall be 65 square metres .
3 . 4 . 4 Utilities and services such as hydro , lighting ,
roads and sidewalks shall be provided by the
developer .
• 3 . 4 . 5 Adequate buffering shall be provided to shield
the mobile home subdivision from neighbouring
uses and visa versa.
19
3 . 5 Commercial
11 3 . 5 . 1 Permitted uses in the Commercial land use
designation are establishments which sell and/or
lease commodities and/or supply business and
personal services.
3 . 5 . 2 Other permitted uses include offices , clinics ,
accessory residential uses in the form of
apartments over or behind ground floor commercial
uses , parking areas , accommodation service
establishments with adequate parking , theatres ,
individual retail stores , vehicle service
stations and sales agencies , car washes, building
supply outlets , service and private clubs ,
restaurants , drive- in restaurants and tourist
service establishments.
3 . 5 . 3 The Commercial designation should remain as
• compact as possible. New Commercial development
should be an extension of the existing area and
should be discouraged from establishing in
adjacent residential areas.
3 . 5 . 4 All Commercial development is encouraged to
locate in the Robinson Street area which is
intended to act as the central business district
where an extension to the area and a
revitalization of existing businesses is
encouraged .
3 . 5 . 5 Adequate parking shall be provided in the
Commercial designation by means of public and
private parking areas , however , off- street
parking is not required for each individual use.
•
3 . 5 . 6 It is a policy of this Plan to encourage the
design , construction and maintenance of
buildings, parking areas, public works and signs
in a manner which will contribute to an
attractive, safe and enjoyable environment.
20
3 . 5 . 7 Manufacturing uses accessory to a Commercial use
are permitted .
• 3 . 5 . 8 The Zoning By- law shall ensure that developments
in the Commercial designation are appropriately
set back from the road. They shall be buffered
to prevent adverse effects or impacts and to
protect adjecent residential institutional and
open space uses.
3 . 5 . 9 No open storage of materials shall be permitted
in the Commercial designation .
3 . 5 . 10 Arcade related businesses and mobile
concessioning is not a permitted use in the
Commercial designation .
3 .6 Industrial
• 3 . 6 . 1 Permitted uses in the Industrial land use desig-
nation are manufacturing , assembling , processing ,
warehousing and storage. Bulk fuel facilities,
public utilities , transportation and communi-
cation facilities are also permitted.
3 . 6 . 2 Buildings, offices and retail activities acces-
sory to the Industrial use and a residence for a
caretaker , owner or essential workman are permit-
ted .
3 . 6 . 3 The Zoning By- law shall ensure that Industrial
uses are appropriately set back from the road and
buffered and /or landscaped to minimize any
adverse effects on adjacent areas. The Zoning
By-law shall also ensure that adequate off-street
loading and parking is provided.
• 3 . 6 . 4 Efforts shall be made to encourage attractive and
well maintained industrial uses on the lands
adjacent to County Road 42 (Bridge Street) which
are designated Industrial .
3 . 6 . 5 Industries which create extreme environmental
conditions such as high air pollution , noise ,
21
excessive solid waste generation or high liquid
wastes either in volume or toxicity wi l I not be
. _ — permitted .
3 . 6 . 6 The proposed water supply system method of sewage
treatment and disposal , solid waste disposal and
any emissions to the environment shall meet the
requirements of and where necessary be approved
by the Ministry of the Environment , its agents ,
the District Health Unit and/or other authorities
having jurisdiction .
3 . 6 . 7 The Industrial designation is a proposed site
plan control area and Council may pass a by- law
which requires plans and an agreement as set out
in the Section 4.5 of this Plan.
3 . 7 Institutional
• 3 . 7 . 1 Permitted uses in the Institutional land use
designation include clinics, places of worship,
cemeteries, municipal offices and works yards and
structures , libraries , schools and provincial
facilities and structures , post offices ,
and utilities .
3 . 7 . 2 Minor Insitutional uses are places of worship and
schools. Notwithstanding any other policy of
this Plan, minor Institutional uses are permitted
in the Residential and Commercial land use
designations, subject to a rezoning.
3 . 7 . 3 New , large developments involving a major
Institutional use shall require an Amendment to
both this Plan and the Zoning By- law.
• 3 . 8 Open Space
3 . 8 . 1 Permitted uses in the Open Space designation
include parks, public and private non-commercial
recreational uses, and municipally-owned and
operated recreation facilities.
22
3 . R . 2 Accessory buildings necessary for open space and
recreation use will be permitted un this
designation .
3 . 8 . 3 Public utilities , Ontario Hydro uses and uses
accessory to the above are also permitted.
3 . 8 . 4 The provision of adequate off-street parking
where necessary will be required .
3 . 8 . 5 One of the ways that parks and recreation facili-
ties will be created and financed is by means of
the parkland conveyance policies set out in the
General Development Policies' section of this
Plan .
3 . 8 . 6 Monies acquired in lieu of this dedication shall
be managed by the Municipality as a park fund
for use in providing recreational lands and
facilities to serve the needs of all residents .
3 . 8 . 7 Where land designated as Open Space is under
private ownership, the Plan does not intend that
this land will necessarily remain as Open Space
indefinitely, nor shall it be construed as im-
plying that such land is free and open to the
general public or that it will be purchased by
some public agency. If proposals to develop such
lands are made and no public agency has an
interest in its acquisition , then an application
for redesignation to another use by Amendment to
this Plan shall be given consideration.
3 .9 Hazard Land
3 .9 . 1 Hazard lands are defined as those areas which are
hazardous for development because they are flood
or erosion susceptible, unstable, poorly drained
or exhibit some other physical characteristic
which could lead to the deterioration of man-made
structures or cause danger to persons .
23
3 . 9 . 2 Permitted uses in the Hazard Land designation
shall be those which are intended for the
• _ preservation and conservation of the land and
natural environment. Uses , such as erosion
control devices and outdoor recreation (parks,
beaches, forestry and wildlife management) , will
be permitted , provided that no buildings shall be
permitted , except as follows. Docks , bridges ,
culverts, hydro structures and boathouses without
residential quarters, are permitted. This will
be reflected in the regulations of the Zoning By-
law.
3 .9 . 3 Where land designated Hazard Land is under
private ownership, this Plan does not intend that
it will necessarily remain as such indefinitely,
nor shall it be construed as implying that such
areas are free and open to the general public , or
will be purchased by the municipality or any
• other public agency. An application for
redesignation for other purposes will be given
due consideration after taking into account the
potential impacts of existing hazards , the
proposed methods by which these impacts may be
overcome in a manner consistent with accepted
engineering techniques and resource management
practices and consideration of the costs and
benefits in monetary, social and biological value
in terms of any engineering works and/or resource
management practices needed to overcome these
impacts. There is no public obligation , however ,
either to redesignate or to purchase any land if
it exhibits an existing or potential hazard that
could be difficult or costly to overcome.
3 . 9 . 4 Where new development is proposed on the site ,
• part of which has a physical hazard, such Hazard
Land shall not necessarily be acceptable as part
of the 5% dedication for "park purposes" under
The Planning Act, 1983. All lands dedicated to
the municipality shall be conveyed in a satis-
factory physical condition. Where an open water
course is involved , adequate space shall be
provided for maintenance operations.
24
3 . 9 . 5 A building setback will be imposed on the margins
• — of Hazard Land and will be related to the extent
or severity of the hazard. Building setbacks
from all open water courses and municipal drains
not designated as Hazard Land will be provided
for in the Zoning By- law.
3 . 9 . 6 Those lands designated on Schedule "A" as Hazard
Land do not constitute a detailed accurate
definition of all the lands within the munici-
pality which are hazard prone. However , in the
absence of more detailed floodline or contour
mapping , the boundaries of these areas, as shown,
are to be used as a guide in preparation of the
Zoning By- law provisions implementing the
policies of this section.
3 .9 . 7 No placing or removal of fill of any kind whether
originating on the site or elsewhere shall be
premitted unless approved by Council , the Long
Point Region Conservation Authority and the
Ontario Ministry of Natural Resources .
3 . 9 . 8 The Zoning By- law shall require floodproofing and
regulate the height of openings in structures in
the Hazard Land (HL) Zone in accordance with
Section 4.22 of this Plan.
3 .9 . 9 The policies contained in Section 4 . 20 and
Section 4.21 of this Plan shall apply to all
Hazard Land designations .
•
25
4
SECTION 4 - GENERAL DEVELOPMENT POLICIES
•
• 4 . 1 Existing Land Uses
4 . 1 . 1 Where an existing land use does not comply with
the policies or land use designations of the
Plan , it may be zoned in the Zoning By- law in
accordance with its present use provided :
(a) the zoning will not permit any change of use
or performance standard that may be detri-
mental to adjacent complying uses;
(b) it will not constitute a danger or nuisance
to surrounding uses and persons by virtue of
a hazardous nature , poor property con-
ditions , traffic generation or similar
characteristics;
• (c) it will not pollute air and/or water to the
extent of interfering with the orderly en-
joyment of property;
(d) it will not interfere with the desirable
development or enjoyment of the adjacent
area .
4 . 1 . 2 Where an existing use is incompatible , in respect
to one or more of the above-mentioned items , it
shall be zoned in accordance with the policies of
this Plan.
4 . 1 . 3 As a general rule , existing uses which do not
conform with the policies of this Plan should
eventually cease to exist so that the land may
change to a use in conformity with this Plan.
• 4 . 1 . 4 Extensions and enlargements to existing uses
which do not conform to the policies of this Plan
may be permitted in order to avoid unnecessary
hardship and provided the extension or enlarge-
ment will not aggravate or create any situation
detrimental to adjacent complying uses or inter-
fere with the desirable development or enjoyment
26
of adjacent complying uses. As a condition to
permitting an extension or enlargement ,
appropriate d.asign , landscaping , buffering ,
• screening, set back and noise reduction measures
may be required.
4 . 1 . 5 Where an existing use is discontinued , any re-
zoning shall he in accordance with this Plan.
4 .2 Land Division - General
All land division in the Village shall take place by
consent to a land severance cr by registered plan of
subdivision or condominium.
4 . 3 Land Division - Consent to a Land Severance
4 . 3 . 1 The consent-granting authority shall be guided by
the following policies:
• (a) Consents shall only be granted in accordance
with The Planning Act, 1983 and other rele-
vant rules and regulations.
(b) Consents shall only be granted for residen-
tial developments in areas so designated and
zoned which create not more than two lots
per original parcel , exclusive of the
retained lot. An original "parcel " is a
section of land held under distinct and
separate ownership on the date this Plan is
approved by the Minister.
(c) Consents shall only be granted for
commercial or industrial development in
areas so designated and zoned which create
110 not more than two lots per original parcel ,
exclusive of the retained lot.
(d) Additional consents may be permitted if :
( i ) The size of the original parcel is
greater than 20 hectares;
27
( ii ) The additional lots will not unduly
overburden Municipal servics;
• ( iii ) The additional lots will not have
negative impact on the area' s natural
environment .
(e) Consents shall only be granted if the sub-
ject property fronts on a fully-maintained
public road and does not require an unaf-
fordable extension of municipal services.
( f) Parcels created by consent shall comply with
the requirements of the Zoning By- law and ,
where appropriate , shall meet the
requirements of the Ministry of the
Environment or the Health Unit for sewage
and water systems.
141
(g) Consents shall not create land- locked
parcels .
(h) Consents should have the effect of infilling
existing built-up areas.
( i ) All applications for a consent will be
reviewed based on the information obtained
from the applicant and as a result of a
circulation .
( j ) Where the consent-granting authority deems
that there may be a lack of information or a
particular problem which requires additional
technical advice, a report may be requested
from the applicant.
• ( k) Consent shall be granted to provide for the
purposes of deed corrections , partial
mortgage discharges or any other technical
purpose and to provide for a lease longer
than twenty-one ( 21 ) years .
28
4 . 4 Land Division - Registered Plans
of Subdivision and Condominium
4 . 4 . 1 All division of privately-owned lands not permit-
ted by this Plan to take place by consent, shall
take place by registered plan of subdivision or
condominium.
4 . 4 . 2 A plan of subdivision or condominium shall con-
form to this Plan and the requirements of the
Zoning By- law.
4 . 4 . 3 A plan of subdivision or condominium shall be
subject to a subdivision or condominium agreement
with the municipality.
4 . 4 . 4 A plan of subdivision or condominium shall meet
the requirements of the Ministry of Environment
and the local Health Unit for water and sewage
systems .
•
4 . 5 Site Plan Control
4 . 5 . 1 All or parts of Multi-Family Residential zones
which have developments in excess of 10 units and
Industrial zone land use designations , may be
subject to site plan control , and Council may
pass a By- law which requires plans and an
agreement be prepared acceptable to Council .
4 . 5 . 2 In areas designated by by- law as site plan con-
trol areas , the applicant for a development , as
in The Planning Act, 1983 , shall be required to
submit site plans and/or drawings to Council for
Council ' s approval which show any or all of the
following :
• (a) The location of all buildings and structures
to be erected and showing the location of
all facilities and works to be provided in
conjunction therewith.
29
(b) Subject to the Public Transportation and
Highway Improvement Act, facilities to pro-
vide access to and from the land such as
. access ramps and curbings and traffic
direction signs.
(c) Off-street vehicular loading and parking
facilities , either covered or uncovered ,
access driveways , including driveways for
emergency vehicles and the surfacing of such
areas and driveways.
(d) Walkways and walkway ramps , including the
surfacing thereof , and all means of pedes-
trian access.
(e) Facilities for the lighting , including
floodlighting , of the land or of any
buildings or structures thereon.
• ( f) Walls , fences , hedges , trees , shrubs or
other ground cover or facilities for the
landscaping of the lands or the protection
of adjoining lands.
(g) Vaults, central storage and collection areas
and other facilities and enclosures for the
storage of garbage and other waste material .
(h) Easements conveyed to the municipalities for
the construction , maintenance or improvement
of watercourses , ditches , land drainage
works , sanitary sewage facilities and other
public utilities of the municipality or
local board thereof on the land.
• ( i ) Grading or alteration in elevation or con-
tour of the land and provisions for the dis-
posal of storm, surface and waste water from
the land and from any buildings or struc-
tures thereon.
30
4 . 5 . 3 The site plan by- law shall provide for the owner
to enter into one or more agreements with the
•
municipality dealing with and ensuring the pro-
vision of any or all of the facilities mentioned
above including financial arrangements acceptable
to the municipality to guarantee the above.
4 . 5 . 4 The financial guarantee shall be related to the
cost of constructing those works set out in the
above mentioned agreement. As the owner completes
various agreed upon facilities, the value of the
financial guarantee shall decrease accordingly.
4 . 5. 5 The site plan agreement shall provide for the
maintenance , to the satisfaction of the munici-
pality and at the sole risk and expense of the
owner , of all of the above-mentioned facilities
and works including the removal of snow from
411 access ramps , driveways , parking and loading
areas and walkways.
4 . 6 Parkland Conveyance
4 . 6 . 1 Council may require , as a condition of the
development or redevelopment of land for
residential purposes, that 5 percent of the land
be conveyed to the municipality for park or other
public recreational purposes.
4 . 6 . 2 As an alternative to the above , Council may re-
quire, as a condition to the development or rede-
velopment of lands for residential purposes, the
cash equivalent of 5 percent of the land.
4 . 7 Energy Conservation
• 4 . 7 . 1 The Council of the Village of Port Burwell and
the Province are committed to energy
conservation. Energy conservation and the use of
renewable fuels will take advantage of the
Municipality' s resourses in a productive and
sound manner , will cushion local residents from
the effects of rising energy costs and will ,
31
generally, contribute to the preservation of the
natural environment both within the Village and
41/ surrounding area .
4 .7 . 2 In respect to energy conservation and the in-
creased use of renewable/recoverable energy ,
Council shall :
(a) use all reasonable and cost-efficient oppor-
tunities to encourage the efficient use of
energy, particularly in transportation ,
public services and development;
(b) have due regard for other municipal policies
and objectives;
(c) support and compliment senior government
policies and programs;
(d) encourage appropriate private sector
•
activity.
4 . 7 . 3 Council will promote the efficient use of energy
wherever possible in municipal operations, both
to conserve non- renewable fuels and to provide
leadership for other energy consumers in the
Village. In particular , Council shall , wherever
technically and financially feasible:
(a) increase the energy efficiency of street-
lighting ;
(b) reduce the consumption of non- renewable
fuels in heating , lighting and cooling muni-
cipal buildings; and
• (c) reduce the consumption of non- renewable
fuels in municipal vehicles and other muni-
cipal operations.
4 . 7 . 4 Council may also initiate an effective energy
data gathering , monitoring and evaluation system
as a means of identifying opportunities and
priorities for improving energy efficiency in
32
municipal operations and in the community as a
whole .
111 4 . 7 . 5 Council will encourage new development to make as
efficient use as possible of energy from non-
renewable sources and will contribute to improve-
ments in the structure of the Village from an
energy conservation point of view . In
particular , the Council shall , if feasible:
(a) include an assessment of energy efficiency
in the evaluation of development proposals;
(b) encourage compact growth and infilling to
reduce the energy used for space heating and
transportation ;
(c) encourage mixed-use development to minimize
the length of both work and non-work related
trips and to maximize the possibilities for
• the future development of district heating;
(d) direct growth to areas which can best be
served by fuel-efficient means of transpor-
tation; and
(e) maximize the access to sunlight of homes and
other buildings at energy-efficient den-
sities of development , for example , by
laying out the majority of streets in an
east-west direction and by orienting the
majority of buildings within 30 degrees of
due south, where terrain permits.
4 . 7 . 6 Council will also promote improvements in the
energy efficiency of existing buildings. In
• particular , the Council shall :
(a) initiate a retrofit program providing infor-
mation and technical advice to building
owners and operators;
(b) monitor and evaluate the retrofit program at
three (3) year intervals;
33
(c) develop standards and voluntary guidelines,
as a community service , for the repair and
. maintenance of buildings in an energy-
efficient manner , for example by weather-
izing external openings , such as doors and
windows , by avoiding excessive mechanical
heating , cooling and lighting and by main-
taining furnaces at a high level of
efficiency;
(d) give favourable consideration to amendments
and variances required to permit energy-
conserving innovations; and
(e) participate in government programs related
to community improvement and urban renewal.
4 . 8 Group Homes and Crisis Housing
• 4 . 8 . 1 For the purposes of this Plan , a group home is a
single housekeeping unit in a residential
dwelling in which three to ten persons
(excluding supervisory staff or the receiving
family) live as a family under responsible super-
vision consistent with the particular require-
ments of its residents. The home is licensed
and/or approved for funding under Provincial
Statutes and in compliance with municipal by-
laws .
4 . 8 . 2 The following six types of group homes will be
permitted in the "Residential" Designation except
for a Mobile Home Zone :
(a) Accommodation Services for the
S Developmentally Handicapped , as defined in
the Homes for Retarded Persons Act , R.S.O.
1980 , c. 201 , R.R.O. 500 , as amended and the
Developmental Services Act, R.S.O. 1980 , c.
118 , R.R.O. 242 , as amended;
34
4
(b) Satellite Residences for Seniors, as defined
in the Homes for the Aged and Rest Homes
Act , R.S .O. 1980 , c . 203 , R. R.O. 502 , as
41, amended ;
(c) Children' s Residences , as defined in the
Children' s Residences Services Act , R.S.O.
1980 , c . 71 , R.R.O. 101 , as amended ;
(d ) Homes for Special Care - Residential , as
defined in the Homes for Special Care Act,
R.S.O. 1980 , c. 202 , R.R.O. 501 , as amended ;
(e) Supportive Housing Programs : Adult
Community Mental Health Program, as defined
in the Ministry of Health Act, R.S.O. 1980 ,
c. 280 , R.R.O. 661 , as amended ;
( f) Approved Homes , as defined in the
Mental Hospitals Act , R.S.O. 1980 , c. 263 ,
• R.R.O. 611 , as amended .
4 . 8 . 3 The establishment of a group home must be based
on local need for the particular type of group
home to serve the population of the Village and
the immediate surrounding area . In determining
the need and suitability of each type of group
home and the number of residents per group home,
the size and general character of the Village
together with the merits of each specific
application must be given consideration .
4 . 8 . 4 No group home shall be located closer than 200
metres from another group home.
4 . 8 . 5 Group homes shall have 23 square metres of
• habitable area and , in addition , not less than 7
square metres for each resident , exclusive of
staff or receiving family.
4 . 8 . 6 Group homes shall have sufficient off-street
parking to accommodate the vehicles of the
receiving family, any staff on duty in the home
and visitors.
35
4 . 8 . 7 Group homes operating on the date this Plan comes
into effect and which meet provincial and
• municipal standards but do not comply with the
Plan's definition or separation distance require-
ment , shall be allowed to continue as a non-
conforming use . These facilities shall not be
permitted to expand their operation beyond that
which existed on the date this Plan comes into
effect .
4 . 8 . 8 For the purposes of this Plan, a crisis residence
is licensed or funded by the Province of Ontario
for the short term (averaging one month or less)
accommodation of three to ten persons, exclusive
of staff , living under supervision in a single
housekeeping unit and who by reason of their
emotional , mental , social , or physical condition,
or legal status, require a group living arrange-
ment for their well-being .
• 4 . 8 .9 Crisis residences are not permitted within the
Village of Port Burwell Planning Area .
4 . 9 Community Improvement
4 . 9 . 1 Community improvement may be very broadly defined
as encompassing all those activities, both public
and private , which maintain , rehabilitate and
redevelop the existing physical development of a
community to accommodate the local social and
economic proprities.
4 . 9 . 2 Council is committed to community improvement
within Port Burwell and will both participate in
and encourage activities which will maintain or
upgrade the Village ' s existing physical
• development .
4 . 9 . 3 Within Port Burwell , the goals of community
improvement are:
(a) To safeguard the health , convenience and
enjoyment of both residents and visitors by
improving social , cultural and recreational
36
facilities and services.
11 (b) To improve the Village ' s physical
environment by participating in and/or
encouraging programs which improve the
municipal physical services, facilities and
streetscapes and by encouraging private
property owners to upgrade their holdings.
(c) To protect and improve the economic well
being of the Village and its residents by
encouraging and/or participating in programs
that will promote new jobs , new capital
investment and increases in the economic
base and municipal tax base , having regard
for the cost/benefit relationship of such
programs .
4 . 9 . 4 In the Community Improvement Area, the Village of
Port Burwell shall achieve the above goals by
•
meeting the following objectives, where feasible:
(a) Provide publicly-owned and operated sewage
collection facilities to all property
owners. These services shall be in good
working order and free from problems.
(b) Provide publicly-owned and operated water
services to all developed properties. The
water shall be of a high quality and the
water distribution system shall be in good
working order and free from problems.
(c) Surface treat all local roads that are
within the Village's jurisdiction.
• (d) Provide curbs , gutters and hot-mix asphalt
(HL4) on all collector and arterial roads in
the Village.
(e) Provide adequate streetlighting on all
collector and arterial roads in the Village
and on certain local roads where warranted .
37
( f) Provide low intensity lighting on footpaths,
lanes and in park areas.
. (g) Provide sidewalks on specific portions of
the Village where it is felt warranted .
(h) Improve existing and establish new parks ,
playgrounds, rest areas , open space areas ,
indoor recreational facilities and water
access facilities.
( i) Improve existing and establish new social
and recreational facilities and programs for
children, adults and senior citizens.
( j) Phase out non-compatible land uses as iden-
tified by both the Official Plan and the
Zoning By- laws.
• ( k) Prepare and implement a design scheme and
marketing strategy for the Commercial Core
and Harbour Lands .
4 . 9 . 5 In achieving the above objectives, Council shall
consider whether finances permit the undertaking
of these objectives.
4 . 9 . 6 Community Improvement Areas shall be selected on
the basis of deficiencies related to the fol-
lowing criteria:
(a) Condition and appearance of buildings ,
landscaping and other site features in rela-
tion to the Maintenance and Occupancy
Standards By- law.
• (b) Condition and adequacy of municipal physical
services such as roads , lanes , sanitary
sewers, water systems, storm water drainage ,
sidewalks, lighting and hydro.
38
(c) Condition and adequacy of municipal recrea-
tional services and facilities such as
-
parks , play equipment , trails , beaches ,
sports fields, camping facilities and water
access points.
(d) Condition and adequacy of municipal , social
and cultural facilities such as meeting
rooms , museums, libraries and community
centres .
(e) Compatibility of land uses and uses of land
in conflict with the Official Plan and/or
Zoning By- law.
( f) Size , location and type of signage ,
adequacy , location and condition of off-
street parking , commercial vacancy rate ,
pedestrian accessibility to businesses, ap-
II
pearance of street, including front and rear
111building facades and potential for
expansion ( inventory of serviced and zoned
lands) in Commercial Areas , in addition to
Items (a) , (b) and (e) above.
(g) Efficiency of plant for current and future
industrial use , adequacy of on-site parking ,
adequacy of environmental protection facil-
ities, adequacy of space on-site for opera-
tion, potential for expansion ( inventory of
serviced and zoned lands) and access to and
within Industrial Areas , in addition to
Items (a) , (b) and (e) above.
4 .9 .7 Based on the application of the above criteria, a
Community Improvement Area has been selected and
• is shown on Schedule "B" . This is the part of
the Village of Port Burwell in which community
improvement may take place.
39
4 . 9 . 8 The following considerations shall be taken into
account in the phasing of improvements:.
• (a) The improvement which will most substant-
ially increase the safety , stability and
aesthetic quality of the community shall be
undertaken first.
(b) In determining the importance of the pro-
jects , Council shall take into account the
comments received from the landowners/resi-
dents at advertised public meetings.
(c) The disruption to the community shall be
limited wherever possible.
(d) Prior to undertaking any improvements ,
Council shall be satisfied that it can rea-
sonably finance and afford the Village' s
share of costs associated with the required
improvement .
4 . 9 . 9 Implementation shall be in accordance with the
policies of Section 5. 11 .
4 . 10 Municipal Services
4 . 10 . 1 All developments within the Village of Port
Burwell may be required to be connected to
municipal sewer and water services.
4 . 10 . 2 All lands not required to be connected to the
municipal sewer and water system shall be ap-
proved by the Ministry of the Environment and/or
the District Health Unit for private or communal
systems prior to development.
411 4 . 11 Transportation
4 . 11 . 1 A local street is a municipal road with a rela-
tively low volume of traffic.
40
4 . 11 . 2 A collector street is a municipal road with a
moderate volume of traffic. Collectors provide
access between locals and traffic generators.
4 . 11 . 3 An arterial street is a municipal road ,
Provincial highway or connecting link with a
large volume of traffic.
4 . 11 . 4 Schedule "C" classifies the roads in the Planning
Area as local , collector and arterial streets.
4 . 11 . 5 Traffic control devices shall be placed so as to
favour through traffic on arterials and collec-
tors. Local streets shall be stop streets where
they intersect with arterials or collectors.
4 . 11 . 6 Unless it is in the interest of public safety to
do otherwise , reconstruction and maintenance
priorities will favour collector streets over
local streets and arterial streets over collector
' streets .
4 . 11 . 7 Provincial roads' standards will be required for
all new roads and road reconstructions and exten-
sions in the Village.
4 . 11 . 8 It is the policy of this Plan to support and
encourage the establishment of a marina on Lake
Erie at the mouth of Big Otter Creek .
4 . 12 Mobile Homes
4 . 12 . 1 A mobile home means any dwelling that is designed
to be made mobile and constructed or manufactured
to provide a permanent residence for one or more
persons, but does not include a travel trailer or
' trailer otherwise designed.
4 . 12 . 2 A mobile home trailer park is a mobile home
development which is under a single ownership and
is managed by a mobile home park operator.
41
4 . 12 . 3 Mobile homes or trailers are not permitted in any
land use designation other than a mobile home
area and only on individual lots.
4 . 13 Education and Health Facilities
4 . 13 . 1 The existing elementary school has sufficient
capacity to accommodate the number of students
expected during the planning period. It is a
policy of this Plan , however , to support the
establishment of additional educational
opportunities at the school which are geared
towards Adult Education.
4 . 13 . 2 It is a policy of this Plan to support and en-
courage developments and initiatives which will
improve the level of health care and social ser-
vices within the Village , including extended care
facilities .
11
4 . 14 Buffering , Separation Distances and Landscaping
4 . 14 . 1 The Zoning By- law shall contain provisions which
require buffer and separation distances between
any uses where there may be conflicts or where
one use may detract from the enjoyment and
functioning of adjacent uses.
4 . 14 . 2 The Zoning By-law shall require that buffers and
separation distances be landscaped.
4 . 15 Economic Development
4 . 15 . 1 Council shall encourage the expansion and
diversification of the Village's economic base in
11 order to maximize employment opportunities in the
Village and increase the tax base .
4 . 15 . 2 Council shall attempt to ensure that serviced
vacant land is available for various types of
commercial , industrial and tourism development
activities .
42
4 . 15 . 3 Council shall encourage the development of
tourism and tourist facilities within the Village
• — of Port Burwell .
4 . 16 Fisheries Resources
4 . 16 . 1 Council supports the management of fisheries.
Such management has important economic , social
and environmental benefits .
4 . 16 . 2 Council recognizes that it is the mandate of the
Ministry of Natural Resources to protect and
preserve fish habitat .
4 . 16 . 3 Council supports the establishment of sport
fishing activities and recognizes the economic
importance of this type of activity to the
Village .
4 . 16 . 4 Council supports and recognizes the economic
•
importance of commercial fishing activities in
the Village .
4 . 17 Wildlife Resources
4 . 17 . 1 Council recognizes that portions of natural ,
undisturbed woodlots within the boundaries of the
Port Burwell Provincial Park may be suitable
habitat for a variety of wildlife species.
4 . 17 . 2 Council recognizes that it is the mandate of the
Ministry of Natural Resources to protect wildlife
resources which are located within the boundaries
of the Port Burwell Provincial Park .
4 . 17 . 3 Prior to permitting any type of development or
• use on private lands, Council shall have regard
for the impact of such on wildlife habitat ,
especially areas determined to be critical
wildlife hatitat and will consult with the
Ministry of Natural Resources .
43
4 . 18 Forestry
411 portion
Council recognizes that some of the undeveloped
portion of the Village has a limited timber
potential .
4 . 18 . 2 Any forestry activities established on private or
Provincial Park lands within the Village shall be
buffered from roads and existing development.
4 . 18 . 3 Prior to approving any forestry activities on
Provincial Park land in the Village , the Ministry
of Natural Resources is encouraged to have regard
for the policies of the Village of Port Burwell
and is encouraged to consult with Council .
4 . 19 Forest Protection
Council recognizes a responsibility to provide assistance
in forest fire fighting if called upon to do so by the
•
Ontario Ministry of Natural Resources .
4 . 20 Docks and Waterfront Structures
Docks , waterfront and marina structures on property
abuting water shall :
(a) be subject to the approval of the Ministry of
Natural Resources ;
(b) be designed , constructed and maintained in a
manner which contributes to the amenity of the
Village ;
(c) be capable of withstanding damaging storms , ice
and highwater conditions;
• (d) not contain sanitary facilities unless connected
to municipal sewers;
(e) be located so as not to interfere with navigation
or aids to navigation;
44
( f) be constructed and placed so as to minimize the
impact on natural vegetation and topography;
• (hr not contain any residential accommodations .
4 . 21 Lake-Erie Shoreline and Banks of Big Otter Creek
4 . 21 . 1 The Lake Erie shoreline area is a strip of land
immediately adjacent to Lake Erie that is
influenced by erosion and may present a hazard to
any structures within this area. For the purpose
of this Official Plan the hazard land will begin
at the normal waterline and extend for a distance
"D" calculated from the following formula:
D = 3h + 100 r .
D = Setback ( in feet)
h = Elevation above Lake level ( feet)
• 100 = Constant representing 100 years of
protection
r = Rate of erosion in feet per year at
the point under consideration .
4 . 21 . 2 The policy of this Official Plan is to allow
structures within this area only if the erosion
at the building site in question has been
decreased to zero by a stabilization project.
Such stabilization project must be :
(a) Designed and supervised by a registered
Professional Engineer ;
(b) Approved by the Long Point Region
Conservation Authority, the Ontario Ministry
of Natural Resources and Municipal Council ;
• (c) In such cases the building or structures can
be placed closer to the waterline and may
include water-related uses such as marinas,
docks , boathouses ;
45
4 . 21 . 3 The following policies will apply for developing
any proposed development on the Lake Erie
• — shoreline or the bank of Big Otter Creek :
(a) New development which will initiate or
increase existing erosion rates of the flood
plain , valley walls and Lake Erie shoreline
will not be permitted .
(b) Applications for any new development which
may aggravate the flooding or erosion
problems in these areas , must be reviewed
and approved by both the Village Council and
the Long Point Region Conservation Authority
before the issuance of a building permit is
even considered .
(c) Since most of the central area of Port
Burwell is within the flood plain of Otter
Creek or subject to Lake Erie flood damage ,
•
Council will ensure that no new development
will occur in such areas , until the hazard
has been overcome to the satisfaction of
both the Village Council and the Long Point
Region Conservation Authority. On the Lake
Erie shoreline , the approval of the Ministry
of Natural Resources will also be secured
before Council gives favourable
consideration to any shoreline related
development .
(d) No new development including buildings and
other structures will be permitted on the
toe of slope and sideslopes adjacent to the
beach area and in any other locations where
the toe of slope and sideslopes are unstable
• and susceptible to erosion . Slope
stabilization measures shall be undertaken
in accordance with the advise of the Long
Point Region conservation Authority.
(e) Any alterations to the Otter Creek channel
for marina purposes or other uses which
alter the alignment or slope of the channel
46
cross- section , shall be subject to the
approval of not only the Long Poirit Region
• Conservation Authority , but also , the
Ministry of Natrual Resources pursuant to
the Lakes and River Improvement Act .
( f) When registered fill lines are established
along Otter Creek in Port Burwell , the Long
Point Region Conservation Authority will
have the power to protect valley slopes from
improper development and to prevent any
increase in erosion along valley walls.
4 . 22 Floodproofing
Any proposed development in areas designated as
floodplain and/or fill regulated areas by the Long Point
Region Conservation Authority and the Ontario Ministry of
Natural Resources must be floodproofed in accordance with
the approved policies and regulation of these agencies or
• other agencies having jurisdictional control.
4 . 23 Public Works and Utilities
All public works and all telephone, natural or artificial
gas and electrical power facilities, including all works
as defined in The Power Corporation Act , such as
transmission lines, transformer stations and distribution
stations , shall be permitted throughout the Village
provided that such development satisfies the provisions
of The Environmental Assessment Act , including
regulations made under the said Act and any other
relevant statutes. New major facilities should be
located in existing corridors.
47
SECTION 5 — IMPLEMENTATION AND ADMINISTRATION
5 . 1 Council ' s Role in Implementation
10
5. 1 . 1 This Official Plan shall be implemented by means
of the powers conferred to the Council of the
Corporation of the Village of Port Burwell by
The Planning Act, 1983 , The Municipal Act, R.S.O.
1980 and other statutes which may be applicable.
In particular , the Plan shall be implemented
through :
(a) the preparation, adoption and enforcement of
a Zoning By- law;
(b) the preparation , adoption and enforcement of
a Property Maintenance and Occupancy
Standards By- law;
• (c) a local municipal 5-year capital works
program and the acquisition, development and
sale of land by the local municipality;
(d) the site plan control and subdivision
process ;
(e) the powers of the Council; and
( f) participation in programs funded by senior
levels of government for housing, community
improvement, etc.
5. 2 Public Sector and Private Sector
5 . 2 . 1 The activities and undertakings of the Provincial
and the Federal Governments and the private
ID sector of the economy shall also serve to
implement the policies and objectives of this
Plan. It is intended that the construction of
public works within the Village shall conform to
the policies of this Plan.
48
5 . 2 . 2 Council recognizes that the use and development
of the Port Burwell Provincial Park will take
place in accordance with the land use and
management policies of the Ministry of Natural
Resources. Where a change in Provincial Park use
is proposed , which may directly affect the
planning area and adjacent property owners , the
Ministry shall have regard for the policies of
this Plan. In this regard , the Ministry of
Natural Resources shall consult with the
municipality.
5. 3 Restricted Area Zoning By-law
5 . 3 . 1 Following the adoption of this Plan it is
intended that the Village of Port Burwell will
enact a Comprehensive Restricted Area Zoning By-
law which would implement the principles and
policies of this Plan.
• 5 . 3 . 2 The Zoning By- law shall ensure that all lands
within the Municipality are zoned for uses
compatible with this Plan .
5 . 3 . 3 It is not intended to zone each area for the
ultimate use as designated on Schedules "A" of
the Land Use Designation plan. Certain areas
designated for residential , commercial or
industrial uses may be zoned for the existing
uses and which may not be the ultimate or
preferred zone when considering long term
planning goals.
5. 3 . 4 Amendments to the Restricted Area Zoning By- law
shall be in conformity with the principles and
policies of this Plan .
• 5 . 4 Existing and Non-Conforming Uses
5 . 4 . 1 Where a legally existing use of land does not
comply with the land use designations or the
policies of this Plan , it may be zoned in the
Zoning By- law in accordance with the present use
after due consideration and provided that :
49
(a) The Zoning will not permit any change of use
• _ or performance standard that may aggrevate
any situation detrimental to adjacent
complying uses;
(b) The use of land will not constitute a danger
or nuisance to surrounding uses and persons
by virtue of a hazardous nature , poor
property conditions , traffic generation ,
pollution or similar characteristics and
shall not interfere with the desirable
development or enjoymnet of an adjacent area
which is in conformity with the Plan ; and
(c) Where the existing use is discontinued , any
rezoning may only take place in accordance
with the policies of this Plan .
5. 4. 2 Where an existing use is, in one or more respects
•
noted in the above Section 5.4.1 , incompatible ,
it shall be recognized as a legal non-conforming
use in the Zoning By-law.
5. 4 . 3 Non-conforming uses should cease to exist in the
long run .
5 . 4 . 4 Council may permit an extension or enlargement of
the land , building or structure of a legal non-
conforming use. In evaluating applications under
this section , Council shall consider the
following :
(a) the proposed extension shall not increase
any nuisance already existing as a result of
the use , particularly as it may affect
• adjacent residential uses ; and
(b) no extension or enlargement shall create any
new nuisance in addition to those already
existing .
5. 4 . 5 In considering the extension or enlargement of a
legal non-conforming use , Council shall assess
50
the feasibility of acquiring the legal non-
conforming property, building or structure and of
holding , selling , leasing or redeveloping the
• property.
5 . 4 . 6 Council may permit the use of a legally non-
conforming property, building or structure for a
purpose similar to that of the legally non-
conforming use or more compatible with the uses
permitted by the By-law
5. 5 Temporary Use By-law
5 . 5 . 1 Council may, in accordance with The Planning Act,
1983 , enact Temporary Use By- laws, subject to the
following :
(a) Temporary Use By-laws shall only be enacted
for uses which will not preclude the future
development of any lands for their most
• appropriate use , as defined by the Official
Plan .
(b) Council shall consult with property owners
and any other agencies or individuals who
might have knowledge of when conditions
might suit the development of the property,
in accordance with the Official Plan , prior
to enacting a Temporary Use By-law.
(c) Only uses which will not create land use
conflicts or disrupt the use and development
of neighbouring properties shall be
authorized by Temporary Use By-laws .
110 (d) Notwithstanding the policies of Section 5.8 ,
temporary uses that are not otherwise
permitted by the Official Plan as permanent
uses , may be permitted by Temporary Use By-
laws , subject to the above .
51
5. 6 Bonus Provisions
• -5 . 6 . 1 Council may enact a By- law which grant increases
in the height and/or density requirements of the
Zoning By- law in return for the establishment ,
maintenance and rehabilitation of any facility,
service or other matters by the developer .
Hereafter , the aforementioned type of By- law
shall be referred to as a Bonus By- law.
5 . 6 . 2 Any Bonus By-law enacted by Council shall achieve
one or more of the following objectives :
(a) The provision of a wide range of housing
types , including family type housing or
assisted housing ;
(b) The preservation of unique characteristics
of the municipality, including buildings and
structures with an historical or
110 architectural significance ;
(c) The expansion and/or diversification of the
local economic base :
(d) The establishment of uniquely designed
facilities and structures ; and
(e) The provision of community and open space
facilities such as parks, day care centres,
community centres and recreational and
cultural facilities .
5 . 6 . 3 In determining the extent of the increase in the
height or density requirements of the Zoning By-
law, Council shall consider :
• (a) The nature and type of development adjacent
to the property in question ;
(b) The intent of the policies of the Official
52
(c) The capacity of the Township' s local roads
and other public services.
• 5 . 6 . 4 Bonus By- laws shall not contravene the policies
or intent of the Official Plan .
5 . 6 . 5 Bonus By- laws shall not be enacted unless the
neighbourhood (s) absorbing the increase ( s) will
enjoy the benefit of the facility or service to
be provided by the developer in return for the
bonus .
5 . 6 . 6 Bonus By- laws shall not authorize increases in
the height and/or density of development on a
property if this increase will preclude or
inhibit the use or enjoyment of adjacent
properties or any other properties in the
municipality.
• 5 . 6 . 7 Bonus By-laws shall clearly state :
(a) The extent of the increase in the height
and/or density requirement which is being
granted;
(b) The facilities , works or services that the
developer will be required to provide in
order for the bonus standards to apply to
the property.
5 . 6 . 8 Bonus By- laws shall provide for and require
that the developer enter into one or more
agreements with the municipality dealing with and
ensuring the provision of any or all of the
facilities mentioned above and for this agreement
to be registered on title .
• 5. 7 Building Permits
Building permits shall not be issued for activities or
developments which do not conform with the policies of
this Plan and/or the regulations of the Zoning By- law.
53
5 . 8 Official Plan - Amendments and Review
5 . 8 . 1 —No developments or activities shall occur which
contravene the intent and policies of this Plan.
•
5 . 8 . 2 Developments or activities deemed beneficial to
the Village , but not in conformity with the Plan,
shall require an Amendment to the Official Plan
before proceeding.
5 . 8 . 3 The Official Plan shall be amended to reflect the
policies of Council .
5. 8 . 4 The Plan shall be subject to a continual review
by Council . Whenever it is necessary to refine
existing policies or amend , delete or add
policies based on new information or trends, this
shall be done by Amendment to the Official Plan.
5 . 8 . 5 The Official Plan shall be subject to a formal
•
review and update at least once every five (5 )
years.
5 . 9 Public Participation - Official Plan Amendments
5. 9 . 1 The procedure for informing and securing the
views of the public in respect of Official Plan
Amendments , except minor Official Plan
Amendments, shall follow proceedures as outlined
in The Planning Act , 1983 .
5 . 9 . 2 A minor Official Plan Amendment shall be defined
as :
(a) An Amendment that changes the land use
designation of a site not exceeding one ( 1 )
• hectare in area.
( b) An Amendment that , by means of a "not-
withstanding clause", alters a policy for a
site not exceeding one (1) hectare in area.
• (c) Notwithstanding the above , proposals in
respect to mobile home use , multiple resi-
54
dential use ( three ( 3 ) dwelling units or
more) , shopping centre use ( three (3 ) corn-
• —
mercial establishments or more ) and
industrial use , are not considered to be
minor in nature.
5. 9 . 3 Proceedures as outlined in ThePlanning Act, 1983
which refer to a Public Meeting for the purpose
of informing the public in respect of a proposed
minor Official Plan Amendment shall be given by
the following:
(a) By publication in a newspaper that is , in
the Clerk's opinion, of sufficiently general
circulation in the area to which the
proposed Plan Amendment would apply that it
would give the public reasonable notice of
the meeting .
• (b) This Notice shall give the Amendment and
contain a map, if applicable. It shall
indicate that any person may attend the
Public Meeting and/or make written or verbal
representation, either in support of, or in
opposition to, the proposed Official Plan
Amendment. The notice shall give the date ,
time and location of the meeting where the
proposed Amendment will be considered . A
brief description of the proposed Amendment
shall also be included. It shall indicate
that additional information relating to the
proposed Amendment is available for
inspection during office hours at the
appropriate office.
(c) Notice of the above-mentioned Public Meeting
• shall be given by personal service or pre-
paid , first class mail to every person and
agency that has given the Clerk of the
municipality a written request for such
Notice in respect of the proposed Plan
Amendment , provided this written request
shows the person's or agency's address.
55
(d) The Public Meeting may be held not sooner
than (10 ) days after the first publication
II of the Notice which , in the Clerk's .opinion,
has provided reasonable notice of the
meeting .
5. 10 Public Participation - Amendments to Zoning By-laws
5. 10 . 1 The procedure for informing and involving the
public in respect to Zoning By- laws , other than
minor Zoning By-laws, shall follow the require-
ments of The Planning Act, 1983.
5. 10 . 2 A minor Zoning By- law shall be defined as a by-
law that:
(a) Changes the zone designation of lands not
exceeding two (2) lots and four thousand
four hundred ( 4400 ) square metres in a
single family Residential Zone and lands not
•
exceeding one ( 1 ) hectare in area in a
Commercial , Institutional and Industrial
Zone .
( b) Amends the zoning regulations in respect to
the coverage , yards , location of accessory
buildings and amount of floor area for home
occupations and accessory uses for lands not
exceeding two (2 ) lots and four thousand
four hundred ( 4400 ) square metres in a
Residential Zone and lands not exceeding one
( 1 ) hectare in area in all Commercial ,
Institutional and Industrial Zones.
(c) Notwithstanding the above , amendments
relating to mobile home residential areas,
. a multiple family residential use (three (3)
dwelling units or more) , a commercial use
exceeding three ( 3 ) commercial
establishments or more are not considered to
be minor in nature.
56
5 . 10 . 3 Notice as outlined in The Planning Act, 1983 for
conducting of a Public Meeting for the purpose of
• informing the public in respect of a proposed
minor Zoning By- law shall be given by the
following :
(a) By publication in a newspaper that is , in
the Clerk's opinion, of sufficiently general
circulation in the area to which the
proposed Zoning By-law Amendment would apply
that it would give the public reasonable
notice of the meeting .
(b) The Notice shall indicate the date , time and
location of the Public Meeting where the
proposed By- law will be considered. The
proposed By- law, schedules (if any) and the
Purpose and Effect of the By- law shall be
provided . The Notice shall indicate that
• any person may attend the Public Meeting
and/or make written or verbal representation
either in support of , or in opposition to ,
the proposed Zoning By- law. The Notice
shall also indicate that additional
information relating to the proposed By- law
is available for inspection during office
hours at the municipal office.
(c) Notice of the above-mentioned Public Meeting
shall be given by personal service or pre-
paid , first class mail to every person and
agency that has given the Clerk a written
request for such Notice in respect of the
proposed Zoning By- law , provided this
written request shows the person' s or
agency's address.
• (d) The Public Meeting shall be held not sooner
than ten ( 10 ) days after the first
publication of the Notice which , in the
Clerk' s opinion , has provided reasonable
notice of the meeting.
57
5. 11 Minor Variances
• 5 . 1L..1 The Council of the Corporation of the Village of
Port Burwell or it successors shall administer
and authorize minor variances for relief from
regulations of the Zoning By- law , in accordance
with Section 44 of The Planning Act , 1983 , the
rules of procedure and regulations issued by the
Minister under The Planning Act , 1983 and the
policies of this Plan.
5 . 11 . 2 Council also has power to authorize minor
variances to other municipal by- laws , such as
Temporay Use By-laws and the Property Maintenance
and Occupancy Standards By- law.
5. 12 Implementing the Community Improvement Policies
The Village of Port Burwell shall use all possible means
•
to implement the community improvement policies and these
shall include:
(a) Participation in , and support for , Federal and
Provincial community improvement programs.
(b) Use of municipal authority as outlined in The
Planning Act , 1983 to designate a Community
Improvement Project Area , adopt community
improvement plans and acquire and redevelop land.
(c) Encouragement of infill development prior to more
new development.
(d) Preparation , passage and enforcement of the
Maintenance and Occupancy Standards By- law.
• (e) Support for historical preservation through the
application of The Heritage Act , where
applicable .
( f) Co-operation with school boards, service clubs,
businessmen, industrialists, etc. to provide new
facilities and the efficient utilization and/or
58
refurbishing of existing facilities to provide
new services to the community.
• (g) Encouragement for the rehabilitation of private
buildings by advising owners of government sub-
sidies and programs and assisting , where
possible , private owners to obtain grants.
(h) Continuation of support for the tourism industry
and an investigation of means by which to develop
the tourism potential of Port Burwell.
( i ) Encouragement of activities aimed at developing
the economic viability and attractiveness of
Port Burwell .
5. 13 Consents to Sever Land
5. 13 . 1 The County of Elgin or its successors shall
• administer and authorize consents, in accordance
with The Planning Act, 1983 , rules of procedure
and regulations issued by the Minister under The
Planning Act, 1983 and the policies of this Plan.
5 . 14 Subdivision of Land
5 . 14 . 1 Plans of subdivision shall be administered and
approved by the Minister of Municipal Affairs.
5 . 14 . 2 The subdivision application and approval process
shall follow the provisions of as outlined in
The Planning Act, 1983 and any other applicable
statutes, procedures or regulations.
5 . 15 Property Maintenance and Occupancy Standards
• 5. 15. 1 This Plan is committed to the maintenance and
development of Port Burwell as a safe , healthy
and attractive environment. As such, Council may
pass a By- law pursuant to The Planning Act, 1983
which sets out standards for the maintenance and
occupancy of property and prohibits the use of
property which does not conform with the
59
standards. The By- law shall require that all
sub- standard properties be repaired in
• conformance with the By- law or be cleared of all
buildings, debris, structures or refuse and left
in a graded and levelled condition. The By- law
shall specify the manner in which the By- law will
be administered and enforced.
5 . 15. 2 The above By-law may address the following :
(a) The physical condition of yards and passage-
ways , including any accumulation of debris
and rubbish and discarded motor vehicles and
trailers ;
(b) The adequacy of sanitation , including
drainage , waste disposal and garbage;
(c) The physical condition of accessory
buildings; and
110
(d) The physical condition of all buildings and
dwellings with particular regard to the
following :
( i ) insects and vermin;
( ii) structural standards and appearance ;
( iii) tightness against wind , water and
weather ;
( iv) adequate heat , light and ventilation;
(v) condition of stairs ;
• (vi) condition of interior walls , floors
and ceilings;
(vii) satisfactory plumbing facilities ,
including washroom and toilet
facilities;
60
(viii) condition of chimneys and external
appurtenances;
• ( ix) general cleanliness;
(x) adequacy of noise abatement and
privacy;
(xi) adequacy of electrical services;
( xii) adequacy of food preparation and
kitchen facilities;
(xiii) adequacy of access and egress;
(xiv) standards of living area, room sizes
and occupancy;
( xv) adequacy of fire protection and
safety and warning devices; and
110
(xvi) adequacy of thermal insulation and
storm windows and storm doors.
5 . 15 . 3 After passing the above By- law, the Council shall
appoint a Property Standards Officer and a
Property Standards Committee. The appointment
and responsibility of the Property Standards
Officer and Property Standards Committee shall be
in accordance with The Planning Act, 1983.
5 . 16 Fees
5 . 16 . 1 Pursuant to The Planning Act, 1983 , the Council
of the Corporation of the Village of Port Burwell
may enact a by- law prescribing a tariff of fees
• for the processing of applications made in
respect of planning matters.
5 . 16. 2 The above by- law shall prescribe 'the fees to be
charged for processing applications for an
Amendment to the Official Plan , an amendment to
the zoning by- law, an application for a minor
variance , an application for a plan of sub-
61
division and an application for a consent to a
land severance. The By- law shall also ' indicate
• - — the authority to which the fee is payable .
5. 17 Land Use Boundaries
It is intended that the boundaries of the land use desig-
nations shown on the attached Schedules be considered as
approximate and absolute only where bounded by public
roads , rivers , streams or other similar geographical
barriers. Therefore , Amendments to the Plan will not be
required in order to make minor adjustments to the ap-
proximate land use boundaries, provided that the general
intent of the policies is preserved. Such minor devia-
tions will not be reflected on Schedules.
III
i
62
1
•
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SCHEDULE 'A'
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lbSCHEDULE B
COMMUNITY IMPROVEMENT
i« iuiii�• AREAS
caKE ERE / VILLAGE OF PORT BURWELL
SL
T
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HEAD OFFICE, BRANCH OFFICES
176 KiNG (8071 48-59
WELL NO.ONTE L3B!J9 REDLAKE (8071 727-3172
! 14161 735-5566 LONDON (5191 681-3175
4161 36•-9600 TNUNOER BAY (8071 623-2011
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..._ 116
SCHEDULE C
i�,i�liii�iiiiii�iiiiiiiiiiiiiiiAT,��vCLASSIFICATION of ROADS
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HEAD OFFICE• BRANCH OFFICES
176 KING STREET KENORA (807) 468-5799
WELLANO. ONT L3B 3J5 RED LAKE (8071 727-3172
1416) 735-5566 LONDON 1 519 681-3175
1416) 384-9600 THUNDER BAY (8071 623-2011
CORPORATION OF THE VILLAGE OF PORT BURWELL
BY-LAW 89-05
Being a by-law to establish
schedules of retention periods
for documents , records, and
other papers of the Municipality.
Section 249 of the Municipal Act provides that the Council of a
Municipality may pass a by-law approved by the auditor( s ) of the
Municipality establishing schedules of retention periods during
which the receipts , vouchers , instruments , rolls or other
documents , records and papers must be kept by the Municipality.
The Council of the Corporation of the Village of Port Burwell
enacts as follows ;
1 . DEFINITIONS
1 . "Auditor" means the person or firm appointed by the Council
from time to time to perform the annual audit of the records of
the Corporation ;
2 . "Official" means the Clerk of the Municipality who is
responsible for the implementation of this by-law;
3 . "Records" means all of the receipts , vouchers , instruments ,
rolls or other documents , records and papers of the Corporation .
2 . SYMBOLS
When used in this by-law the following symbols and abbreviations
mean and stand for the words set opposite thereto ;
D Destroy
P Permanent
M.D. Microfilm and destroy
M.P. Microfilm for disater and retain
3 . RECORD RETENTION, DESTRUCTION, ETC:
GENERAL
111:\
, Where in this by-law it is provided that particular records of
the Corporation or a local Board thereof shall be
1 . Destroyed, such records shall be destroyed without any copy
thereof being retained;
2 . Permanent, such original records shall be preserved and never
destroyed;
3 . Microfilm and Destroyed, such records shall be recorded on
microfilm in their entirety, the microfilm shall be in duplicate
and one copy thereof shall be stored apart from the other in a
place of safe and suitable storage , and then such records shall
be destroyed;
• 4 . Microfilmed for Disaster and Retained , such records, shall be
recorded on microfilm in their entirety when such records are
final , such microfilm shall be in duplicate and one copy thereof
shall be stored apart from the other in a place of safe and
suitable storage and such records shall be preserved and never
destroyed unless otherwise provided herein .
4 . DISCRETION
The Official shall always have a discretion to retain records
longer than the period provided by this by-law and shall do so
where he deems it appropriate .
5 . WHEN RECORDS RETAINED, DESTROYED, ETC .
1 . When records have been destroyed under this by-law, the Clerk
shall so certify in writing . Such certificate shall refer to the
relevant schedule and item of this by-law and shall identify
records destroyed.
2 . The Clerk shall keep an index of
(a) Records recorded on microfilm;
(b) Whether microfilm is in duplicate ;
(c ) Where each copy of microfilm is stored ;
(d) Details of storage of original documents , where appropriate ;
(e ) Records destroyed.
3 . Where records are destroyed under this by-law, the proper and
complete destruction thereof is the responsibility of the Clerk .
4 . When records are recorded on microfilm, the Clerk shall
ensure that such microfilms are properly prepared , identified and
indexed.
6 . APPROVAL OF BY-LAW
This by-law shall not take effect until the Auditor( s ) of the
Corporation, has/have approved this by-law by endorsing his/their
name( s ) at the end thereof.
fIll 7 . The schedules attached hereto as Schedule "A" forms part of
this by-law.
c
MOVED : '� ... j, /. , � SECONDED BY � C�,C�.-_ DATE +
That by-law. :9-05 be read a first time . Read and c; rried. ' terve
MOVED BY SECONDED / i . �... D TE\ y� cr -
That by-law 89-15 b- read a second t me '��- : . n• ca,- ried. �i�'
i
MOVED BY A " SECONDED BY imei� . . 1, DATEe th c�
or
That by-law 89-05 be -ad a third ti .e 1• -a. ing dispense with
finally pass - : . ��
� 1�ee �n
A
Debite
Hasklns+SeIIs
Chartered Accountants 136 Centre Street
St. Thomas,Ontario N5R 3A2
(519) 631-8250
February 2, 1989
Mr. Elwood Varty
Clerk-Treasurer
Village of Port Burwell
P. 0. Box 10
Port Burwell, Ontario
NOJ 1TO
Dear Elwood:
RE: BY-LAW 89-05
Enclosed please find a copy of By-Law 89-05 regarding retention
periods established for documents, records and other papers of the
municipality.
As required by Section 249 of the Municipal Act we as auditors of the
municipality approve By-Law 89-05.
We trust this is satisfactory. If you have any questions regarding
the above please do not hesitate to contact the office.
Yours very truly
DELOITTE HASKINS & SEL
C. T. Raven
Partner - St. Thomas Office
JS/mh
Enclosure
•
CORPORATION OF THE VILLAGE OF PORT BURWELL .
•
BY-LAW 89-05
Being a by-law to establish
schedules of retention periods
for documents , records , and
other papers of the Municipality.
Section 249 of the Municipal Act provides that the Council of a
Municipality may pass a by-law approved by the auditor ( s ) of the
Municipality establishing schedules of retention periods during
which the receipts , vouchers , instruments , rolls or other
documents , records and papers must be kept by the Municipality.
The Council of the Corporation of the Village of Port Burwell
enacts as follows ;
1 . DEFINITIONS
1 . "Auditor" means the person or firm appointed by the Council
from time to time to perform the annual audit of the records of
the Corporation ;
•' 2 . "Official " means the Clerk of the Municipality who is
responsible for the implementation of this by- law;
3 . "Records" means all of the receipts , vouchers , instruments ,
rolls or other documents , records and papers of the Corporation .
2 . SYMBOLS
When used in this by-law the following symbols and abbreviations
mean and stand for the words set opposite thereto;
D Destroy
P Permanent
M. D. Microfilm and destroy
M. P. Microfilm for disater and retain
3 . RECORD RETENTION, DESTRUCTION, ETC:
GENERAL
Where in this by-law it is provided that particular records of
the Corporationor a local Board thereof shall be
• 1 . Destroyed , such records shall be destroyed without any copy
thereof being retained ;
2 . Permanent , such original records shall be preserved and never
destroyed ;
3 . Microfilm and Destroyed , such records shall be recorded on
microfilm in their entirety , the microfilm shall be in duplicate
and one copy thereof shall be stored apart from the other in a
place of safe and suitable storage , and then such records shall
be destroyed ;
t
• / 4 . Microfilmed for Disaster and Retained, such records shall be
recorded on microfilm in their entirety when such records are
final , such microfilm shall be in duplicate and one copy ther.eof
shall be stored apart from the other in a place of safe and
'
suitable storage and such records shall be preserved and never
destroyed unless otherwise provided herein.
4 . DISCRETION
The Official shall always have a discretion to retain records
longer than the period provided by this by-law and shall do so
where he deems it appropriate.
5. WHEN RECORDS RETAINED, DESTROYED, ETC.
1 . When records have been destroyed under this by-law, the Clerk
shall so certify in writing. Such certificate shall refer to the
relevant schedule and item of this by-law and shall identify
records destroyed.
2. The Clerk shall keep an index of
(a ) Records recorded on microfilm;
(b) Whether microfilm is in duplicate;
III (c) Where each copy of microfilm is stored;
(d ) Details of storage of original documents, where appropriate;
(e) Records destroyed.
3. Where records are destroyed under this by-law, the proper and
complete destruction thereof is the responsibility of the Clerk .
4 . When records are recorded on microfilm, the Clerk shall
ensure that such microfilms are properly prepared, identified and
indexed.
6. APPROVAL OF BY-LAW
•
This by-law shall not take effect until the Auditor( s ) of the
Corporation, has/have approved this by-law by endorsing his/their
name(s) at the end thereof.
7. The schedules attached hereto as Schedule "A" forms part of
this by-law.
MOVED ' / ..... / e, SECONDED BY /2� �."—, ,---- DATE9
OrThat by-law .9-05 be read a first time. Read and c;rried.' tee„, t c
5
MOVED BY Lag` '"�` SECONDED .. - //, . .a.._ D•TE`O 1
That by-law 89-e5 b- read a second t me '.441.17 : • • n• ca,/ried. 1
MOVED BY Al ° " -I SECONDED BY „fag,/„fag,/ / •�/4 41,0 DATE /.
That by-law 89-05 be -ad a third ti • e r • -ading dispense with(, cfm-
finally passlL
QeeUe CA rk..,Ku
cr /
( rte .
/2)'tz ' .1 v,,* ,/4,,,..-, �22�/
February 2, 1989 •
Deloitte Haskins & Sells
Chartered Accountants
C. T. Raven - Partner
St. Thomas Office
41111/11
Municipal Auditors
Licence # 1113
r • MUNICIPAL RECORDS-RETENTION SCHEDULE SG,k - "A
CLERK'S7-0 By(v-•J 6.4.,5 4
fVo te. : ) 1 :-.1.-t. to yearS /
SI
Record Least Longest Predominant Suggested
By-laws (original) P P P P
Council Minute Book P P P P
Birth Register P P P P
Death Register P P P P
Marriage Register P P P P
Assessment Roll 10 P P P
Leases (after expiration and
if not part of by-law) 6 P P P
Resolutions 2 P 2 P
O.M.B. Records (Keep with
-law) 2 P P P
Property Files 6 P P P
Local Improvement Book 15 P 20 P
Council Motions 2 7 2 P
Cemetery Records 5 P P P
Burial Permits P P P P
Historical Correspondence P P P P
- Annexation Files P P P P
Street-Closing Files
(with by-law) 1 1 - P
Destroyed Records Files - - - P
•ssessment Appeals 2 P 7 7
Assessment Review Court Records 2 P 7 6
Duplicate Assessment Rolls 5 10 10 6
Contracts (If not part of by-law) 5 P P 6
Agreements (If not part of by-
law) 6 P P 6
Record Least Longest Predominant Suggested
General Correspondence
2 15 6 6
respondence Register
Licences (after expired) 2 2 2 6
Duplicate Dog Licences
1 7 2 6
Duplicate Bicycle Licences 1 6 6
6
Licence Applications 1 7 3 6
Inter-Office Memos
2 6 4 6
Inventory Records 3 7 - 6
Paid Parking Tickets 1 7 1 6
Insurance Records (after 6
expiration) 2 P
Insurance Claims
2 P 7 6
seeds (If not part of by-law) 1 P r 7 6
Easements (If not part ofp 6
by-law) P P
Franchises (If not part of by- p 6
law) P P
Mortgage Files (If not part P P until expired 6
of by-law)
Option Files (If not part of 6
by-law) P P P
Court of Revision Records 2 P 7 6
Voters List
2 10 5 6
Census Reports 5 P P 6
Committee Minutes 7 P P 6
7 - 6
Petitions 5
Returned Notices
1 7 6 6
Agendas
1 5 2 6
r
Record Least Longest Predominant Suggested
C110tittee
uncil Minutes - Rough Notes 3 10 6 6
Minutes - Rough Notes 1 7 5 6
Notices of Change of Land Titles
(If not part of by-law) 3 5 3 6
Jurors Lists 4 4 4 6
Applications to Province
re: Projects 6 P - 6
Real-Estate Files (If not part
of by-law) 10 P P 6
Registered Letters 20 P 25 6
Appointments 1 7 3 6
Documents Supporting Original
Minutes 6 P 10 6
•fool-Support Lists 5 6 5 6
Real-Estate Supporting Files 10 10 10 6
Briefs and Reports to Council 7 7 - 6
Area Services Reports 10 10 - 6
Liquor-Vote Records 5 5 - 6
Clerk's Certificates 2 2 - , 6
Ministry of the Environment
(MOE) Certificates 4 4 - 6
Annual Requests of Local Boards 6 6 - 6
Livestock Affidavits 6 6 - 6
Advertisement Books - 3 - 6
•lce-Viewers Files - 6 - 6
Fence-Viewers Awards - 7 - 6
Receptions and Special Events
Files - P - 6
Court Decisions 2 P 10 6
Record Least Longest Predominant Suggested
Animal-Control Files - - - 2
'al-Improvement Notices
(After debenture finished) 2 P 10 2
Local-Improvement Appeals
(After debenture finished) 2 P 10 2
Local-Improvement Decisions
(After debenture finished) 2 P 10 2
Press Releases and Declarations - 2 - 2
Inquiries from the Public - 2 - 2
Marriage Application Forms 2 2 - 1
Election Records 2 As per 7 As per
Election Act Election Act
Nomination Papers 3 3 As per As per
Election Act Election Act
•
•
MUNICIPAL RECORDS-RETENTION SCHEDULE
FINANCIAL
IIIRecord Least Longest Predominant Suggested
Audited Financial Statements P P P P
General Ledger P P P P
General Journal P P P P
Debenture Register 15 P P P
Cash-Payment Journal 15 P P P
Cheque Register 6 P P P
Tax Roll 20 P P P
Tax Sales - Deeds 10 P P P
Tax-Registration Records 2 P P P
lost Statements P P P P
Annual Reports - P - P
Bank Statements 2 10 7 . 10
Final Tax Billing 10 10 - 10
Welfare Payments 2 10 10 10
Welfare-Case Records 4 P 10 10
Subsidiary Cost Ledgers 6 20 10 10
Paid (Cancelled) Cheques 4 10 7 10
Bank Debit and Credit Memos 2 7 7 10
Deposit Slips 2 10 3 10
•inal Budgets - Operating 3 P P 7
Final Budgets - Capital 3 P P 7
Tax-Ledger Cards 5 P 7 7
Paid Debenture and Coupons 2 P 10 7
(upon maturity)
Record Least Longest Predominant Suggested
Duplicate Tax-Prepayment
Certificates 2 10 6 7
litplicate Cash Receipts 2 7 6 7
Duplicate Vouchers 2 7 6 7
Duplicate Accounts-Receivable
Invoices 3 7 7 7
Accounts-Payable Vouchers 6 11 6 7
Paid Invoices 5 10 7 7
Paid Purchase Orders 4 10 7 7
Paid Requisitions 4 10 7 7
Paid Accounts Summary Sheet 2 P 6 7
Budget Estimates Working Papers 3 P . 6 7
Express Truck Receipts - 7 - 7
lax-Collectors' Certificate 7 7 7 7
General Correspondence 2 15 6 7
Receipt Books 2 10 7 7
Cheque Stubs 2 10 7 7
Cash Books 6 P 6 7
Deposit (Pass) Book 5 10 7 7
Accounts-Receivable Ledger Cards 3 10 6 7
Cash-Register Tapes _ 1 7 7 7
Daily Cash Summaries 2 10 7 7
Water Accounts 3 7 6 7
Water-Meter Books 7 P - 7
•Weigh-Scale Receipts 3 10 6 7
Cost Records 7 7 7 7
Daily Cash Reports 2 15 7 7
Record Least Longest Predominant Suggested
Accountants' Working Papers 6 7 7 7
•x Receipts 4 10 7 7
Welfare Ledger Cards 3 7 7 7
Debenture Working Papers 7 7 - 7
Debenture Summaries 7 7 - 7
Year-End Trial Balance 7 7 - 7
Posting and Distribution
Journals 4 7 - 7
Warrants 6 7 7 7
Tax-Arrear Cards 6 10 7 6
Subsidy and Tax Application
Forms - 6 - 6
Investment Files - 6 - 6
•unicipal Tax Credits 5 5 - 5
School Tax Credits 5 5 - 5
Tax Assistance Adjustments 5 6 - . 5
Inactive Welfare Files 3 6 - 5
Farm Credits 4 4 - 5
Treasurer's Certificates 4 4 4 4
Monthly Trial Balances 3 P 6 3
Interim Financial State_Tents 3 10 3 3
Weigh-Scale Tickets - 3 - 3
Cancelled Refuse-Dump Tickets - 3 - 3
esh Payment Stubs 2 7 2 2
Petty-Cash Vouchers 2 7 2 2
Bank Reconciliations 2 7 6 2
•
Record Least. Longest Predominant Suggested
Compute! Cards •
1 1 • 1 • 1 .
liageLists
••
•
•
•
• •
•
i,
GIP
•
MUNICIPAL RECORDS-RETENTION SCHEDULE
ENGINEERING AND WORKS
• Record . Least Longest Predominant Suggested
Railway Grade-Separation Files - P - P
Drainage Records P P P P
Erosion Records P P P P
Engineering Drawings 5 P 2 P
Engineers Files 15 - 15 15 15
Design Files 15 15 15 15
Road-Construction Records
(after completion) 5 P 15 8
Maintenance Management Reports - 2 - 8
Paving Permits - 6 - 8
Ark Hire - Time Reports 2 7 6 7 .
Truck Hire - Summaries 2 7 6 7
Design Estimates 5 20 7 7
Contract Files (upon completion
of contract) 13 15 13 7
General Correspondence 2 10 6 6
Vehicle-Distribution Sheets 2 7 6 6
Equipment-Distribution Sheets 2 7 6 6
Labour-Distribution Sheets 2 7 6 6
Material-Distribution Sheets 2 7 6 6
Production-Control Records - 3 - 6
Sicate Street-Cut Permits 2 7 6 6
Duplicate Trench Permits 2 7 6 6
Duplicate Drain Permits 6 15 6 6
Work Orders 2 21 3 6
,
Report Least Longest Predominant Suggested
Yearly Work Diaries 2 10 10 6
•lic-Works Contract Forms 6 7 6 6
Monthly Road Reports 5 10 5 5
Monthly Sewage-Treatment Plant
Reports - 6 - 5
Project Progress Reports 4 5 5 5
Project Progress Reports under
Contract (after final payment) 4 5 5 3
Vehicle Records (after
disposal of vehicle) 1 until - 2
disposed
Fuel Tickets 2 3 2 2
Copies of Requisitions 1 7 7 2
.ies of Purchase Orders 1 7 7 2
Gravel Tickets - 2 - 1 ,
Weed-Control Reports (until
updated) 3 6 1
111
MUNICIPAL RECORDS-RETENTION SCHEDULE
FIRE
• Record — Least Longest Predominant Suggested
Fire-Access-Route Files P P P P
Fire-Prevention Inspection Reports - - - P
Fire Marshall's Reports 10 P 10 10
Building Fire Reports 6 10 7 10
Emergency Running Reports 10 10 10 10
General Correspondence 6 7 7 6
Station Log Books 3 7 7 5
Tour Reports 7 7 7 5
Vehicle Accident Reports 5 5 5 5
•axtxnent Operating Budget 5 5 5 5
Department Capital Budget 5 5 5 5 •
Personnel Files (after
termination) 1 P 2 5
Fire-Truck Inspection Reports - - - 3
Purchase-Order Copies 1 7 7 2
Fire-Apparatus Files Until life of apparatus over
•
•
.
MUNICIPAL RECORDS-RETENTION SCHEDULE
LEGAL
•
Record "- Least Longest Predominant Suggested
Legal Opinions 2 P 20 P
Legislation -- Private Acts 7 P - P
Court Cases - P P
Agreements 2 21 7 20
Writs 7 25 - 20
Statements of Claims 7 25 - 20
Notices of Claims - 25 - 20
Expropriation Files (as per
Expropriation Act) 10 12 12 15
Purchase-of-Land Files 10 12 12 15
41011e-of-Land Files 10 12 12 15
Exchange-of-Land Files 10 12 12 12
Road-Closing Files 7 12 - 12
Road-Dedication Files 7 12 - 12
Road-Widening Files 7 12 - 12
1
Local-Improvement Files (see
Section 22 Local Improvement
Act) - 7 - 10
Prosecutions Files - 7 - 7
Non-Occupancy Agreement Files 2 7 7 7
Assessment-Appeal Files 2 7 7 7
r'-neral Correspondence 2 7 6 6
AS
Notices of Applications to The
Ontario Municipal Board (OMB) 6 7 7 6
Land-Appraisal Files 3 3 3 3
Mechanics-Lien Files (after
completion of work) 2 2 2 2
•
MUNICIPAL RECORDS-RETENTION SCHEDULE
PARKS AND RECREATION
IRecord — Least Longest Predominant Suggested
Parks Board - Minutes P P P P
Parks and Recreation Commission
- Minutes 5 P 5 P
Annual Reports - Parks Board or
Parks and Recreation Commission P P P P
Architects Drawings - Buildings,
Parks Sites, etc. 2 P 20 P
Museum Files - P - P
Program Policy Files 2 6 2 P
Registration Receipts 2 10 10 7
Admission Tickets 1 10 10 7
illeral Correspondence 2 20 7 6
Parks Committee - Minutes 5 5 5 6
Community-Centre Files 10 15 - 6
Parks and Recreation Board
Files 10 15 - 6
Registration Records 2 3 3 3
Duplicate Requisitions 7 7 7 2
Duplicate Purchase Orders 2 7 7 2
Program Correspondence (once
program is over) 2 7 2 2
Agendas (Board and Committee) 5 7 - 2
• Administration Reports
ter put in the minutes) 1 4 4 2
Duplicate Rental Permits (after
rental period over) 1 5 2 2
Duplicate Agendas 1 5 1 1
Applications - Part time employees
(after employment ceases) 1 2 1 1
MUNICIPAL RECORDS-RETENTION SCHEDULE
PERSONNEL ,
• Record Least Longest Predominant Suggested
Payroll Journal 5 P P P
O.M.E.R.S. Pension Cards 6 P P P
Employees Personnel History File P P P P
Union Agreements 3 P P P
Job Applications - Of Those Hired - - - P
Compensation Case Records P P P P
Oaths of Office 5 P 6 P
Individual Earning Records 3 P 7 P
Department Organization Reports - P - P
4104 Summaries 5 P P P
Terminated Employees Records 6 P P 10
Training and Development Files4 5 - 10
Bond Deduction Records 2 7 6 7
Pledge Cards 2 7 6 7
Vacation Records 1 7 6 7
Sick Leave 1 7 6 7
Garnishees re: Employees 1 7 6 7
Time Cards 1 10 2 7
Employees Income-Tax Deductions 3 20 6 7
w.C.B. Claims 6 P 7 7
4111 onuses and Commissions 7 7 - 7
Job Descriptions 5 P P 7
Overtime Sheets 2 2 2 7
Car-Allowance Sheets 2 6 2 7
•
•
Record Least Longest Predominant Suggested
•
T-4 Slips 2 7 2 7
T' istribution Sheets 2 10 7 7
U.I.C. Records 1 P
7 7
Bi-Weekly Payroll Summary 7 P P 7
Daily Time Sheets 1 7 4 7
Weekly Time Sheets 1 7 4 7
Grievance Files 4 5 - 7
O.H.I.P. , O.H.S.C. , Medical, 2 P - 7
etc. Files
General Correspondence 2 10 6 6
Job Applications - Of Those
Not Hired 2 7 2
Employee Gifts File 7 7 - 2
fh Payroll Sheets 2 7 7 2
Statistical Analysis Reports 7 P - 2
Attendance Sheets 2 6 - 2
Employee Changes Files - 2 - 1
TD-1 Forms - Upon - Upon
Replacement Replacemen
NOTE
Although the suggested retention period for records dealing with income tax,
unemployment insurance and pensions may satisfy municipal needs, permission to
destroy them after the retention period has been completed must still be obtained
from Revenue Canada - Taxation. Please refer to Revenue Canada circular #78-10 dated
Frust 21, 1978 entitled "Books and Records Retention/Destruction."
MUNICIPAL RECORU5-RbTt NT1UN bUtit UUL.t;
PLANNING
Record Least Longest Predominant Suggested
-I
Planning Board or Planning
Committee Minutes P P P P
Land Division Committee - Minutes P P P P
Land Division Committee - Decisions 2 6 6 P
Committee of Adjustment - Minutes 7 P P P
Committee of Adjustment - Decisions 3 P - P
1
Official Plan 7 P P P
Official-Plan Amendments 5 P P P
Subdivision Plans P P P P
Reference Plans P P P P
Ire-Plan Approval - Agreements 2 Until Until P
Released Released
Zoning By-law P P P P
Zoning By-law Amendments P P P P
Land Surveys 10 P P " P
Contour Maps - 20 - P
I
Base Maps - Original20 P P P
Aerial Photos 10 P P P
Condominium Approvals - - - P
Development-Control Agreements 5 5 - P
O.M.B. Hearing Files P P P P
1.P. Agreements - - - P
O.H.R.P. Agreements - - - P
Downtown-Revitalization Agreement - - - P
Property-Standards By-law - - - P
x
'
Record Least Longest Predominant Suggested
Maintenance-and-Occupancy By-law - - - P
Aral Correspondence' 1 7 7 6
Committee of Adjustment -
Appointments 5 5 5 5
Subdivision Files (after final
approval) 2 10 7 5
Zoning-Amendment Applications 5 P 25 5 _
N.I.P. Files (after agreement) - 10 - 5
Zoning By-laws - Copies 3 3 3 3
Planning Board or Planning
Committee Agendas 10 P - 2
Land Division Committee -
Applications 10 . 21 - 2
Cc-^nittee of Adjustment -
A�ications 3 P 20 2
Committee of Adjustment -
Enquiries 5 5 5 2
Committee of Adjustment -
Notices 1 6 - 2
Subdivision Applications (after
final approval) 5 P 10 2
Site-Plan Approval - Applications - ` 10 - 2
Condominium Applications (after
approval 2 P 10 2
Zoning Files 3 25 - Until
Decision Made
Zoning By-law Enforcement Files 10 10 - Until
• Acted Upon
O.H.R.P. Files (after agreement) 7 7 7 Until Loan
Fully Repaid
Downtown Revitalization Files After Provincial Loan Repaid
Main-Street-Program Files Until Provincial Loan Repaid
RecordPURCHASING
• Least Suggested
1 P P
Assets - Permanent Files
2 10 6 7
Purchase Orders
Tender Purchase Quotations
2 7 6 7
Major Successful Tenders
7 20 7
Minor Successful Tenders
5 20 7
7 7
Assets - Temporary Files -
Stores Invoices
_ 3 - 7
2 7 6 6
General Correspondence
1 15 7 6Vendors' Contracts
�er Files
3 13 6
Shop Orders
6 11 6 6
Garage Orders
6 7 6 6
Stores Issue Slips
1 7 6 6
3 7 6 6
Material-Transfer Reports
Surplus-Assets Records
5 5 5 6
Rental-and-Service Agreements
5 5 5 6
Inventory Reports
1 P 4 6
Year-End Inventory Count Sheets 1
P _ 6
2 2 2
Unsuccessful Tenders
•nowledgements to Vendors
2 2 2 2
Purchase Standing Order 2 Predominant
2 2
Release Forms 2 Longest
Receiving Reports MUNICIPAL RECORDS-RETENTION SCHEDULE
2 3 2 2
4
Record Least Longest Predominant Suggested
Packing Slips 1 3 2 2
•Cards - 2 2
Purchase Orders - Copies 1 10 4 2
Requisition - Copies 1 10 4 2
•
MUNICIPAL RECORDS-RETENTION SCHEDULE
TRAFFIC
• Record Least Longest Predominant Suggested
Traffic By-law P P P P
Parking By-law P P P P
Fire Access Route:: - P - P
Telephone Line Location Cards
(underground and above ground) - P - p
Traffic-Lights File - P - P
Intersection Drawings - P - P
Street-Sign Inventory Register - P - P
Street-Lighting Area Maps - P - P
General Street Files 15 15 15 15
•affic Street Files 15 15 15 15
Traffic Counts 1 15 - 15
Accident Reports 3 10 6 10
Field Reports 7 10 10 10
Parking Surveys - 3 - 6
General Correspondence 2 7 6 6
Accident Statistics 2 7 6 6
Work Orders 2 10 3 6
Oversize Load Permits - 3 - 5
Overnight Street Parking
Applications - 3 - 3
•dewalk Applications 3 6 - 3
Parade Permits - 2 - 2
Boulevard Parking Agreements - 2 - Until
Repealed
Overnight Street Parking Permits 3 P - Until
Repealed
BY-LAW 89-0-41\
G ^ nw -
III Being a by-law to lease the V\
Harbour from Fisheries and
Oceans (Government of Canada)
WHEREAS Council of the Corporation of the Village of Port Burwell
is desirous of leasing the Port Burwell Harbour.
WHEREAS Section 208 paragraph 31 through 38 R.S .O. Chapter 302
authorizes Council of a Municipality to enter into an agreement
for Harbors , wharves etc .
THRERFORE be it enacted that the Reeve and Clerk are authorized
to sign the attached lease which is appendix "A" to this by-law.
THIS by-law comes into effect January 11 , 1989 . This by-law is
subject to approval f the Ontario Munici .al Board if necessary.
AO / Q
MOVED BYW - SECONDED/;*" , . AK. ..4110 • TE n tCj /CO
etS,
That by-law 89-04 be read a first ime Rea. and carri (�V
MOVED BY SECONDED BY -III •ATE \ak-1 /9 jL
That by-law 89-04be read a second time . Rea. j ., cam d . I`
MOVED B �� _ ECONDED BY /,I.Clefe DATE cy IO(Q1
That b• -1 ws � 4 be read a third time. 'eadin dispe ed with ,
finally pas d.
(Iv v% cd 14e.01.._
' ._.`A.' 464.
, , . i:olgorr
v:LL . ,
c
'l
____ Clerk Treasurer
•
,/� i /,
Irrt-*4;)e /9 - .
I
�t
Ii
THIS AGREEMENT made this day of One thousand nine i
hundred and eighty-nine
BETWEEN -
HER MAJESTY THE QUEEN, represented herein by the
4 _ Minister of Fisheries and Oceans (hereinafter
called the "Minister"),
OF THE FiRST PART;
- and -
THE COPPOPATION OF THE VILLAGE OF PORT BURWELL,
Province of Ontario
(hereinafter called the "Anent"),
OF THE SECOND PART;
WITNESSETH that the Minister, in consideration of the rents,
covenants, provisoes and conditions hereinafter contained, hereby leases I
unto the Agent:-
Descrioti;n ALL AND SINftJLAR that certain parcel or tract of land and land
covered by the waters of Lake Erie, TOGETHER WITH the Government marine
facilities located thereon (hereinafter referred to as "the said premises")
situate, lyinn and being Part of Lot 11, Concession i in the Village of
Port Purw'll to the County of Eloin and Province of Ontario, being more
particularly shown outlined in red on Plan T2154 hereto annexed and
designated Schedule A .
I I
INabendum 1 To HAVE ANO TO HOLD the said premises unto the Anent from and
after the first day of Aprilnne thousand nine hundred and eighty-nino
i for a term or period of five (5) years and then fully to he complete and
ended. i
Peddendum YIELDING, AND PAYI'!!', therefor, during the currency of this i
Agreement, unto the Minister, to the Receiver General of Canada, in lawful
money of Canada, the following rent or sum, namely:
(a) ONE HIWNIWFD DOLLARS (SlOO.00) per annum, payable each year in
I advance, or
(b) F!FTs_Gh PERCENT (154) of all gross revenue derived by the Agent I
from the management an operation of the said premises, whichever ti
1 is the grester amount, and the difference between the 5100.(4
paid in advance and the 1c% of gross revenue is payable within ; .
L sixty days of the end of each agreement-year.
1 .
I
I '
I
Ii
Ji
i
. 2. I
•interpre- IN THIS agreement;
I'tation
(1) "Minister" means the Minister of Fisheries and Oceans and any
person he has delegated to act on his behalf. i
(i1) "Regional Director" means the Regional Director of Small Craft
Harbours Branch of the Department of Fisheries and Oceans and any
person he has delegated to act on his behalf.
It is agreed by and between the said parties hereto that these
Presents are made and executed upon and subject to the covenants,
provisoes, conditions and reservations hereinafter set forth and
contained, namely:
Pur.ose 1. a) The Agent shall use and occupy the said premises and carry
out the management and operation of the said premises in
accordance with the Fishing and Recreational Harbours Act and
the Fishing and Recreational Harbours Regulations as amended
from time to time, or any other applicable act or regulations
enacted or made during the currency of this Agreement.
h) Nothing in Clause No. 1 a) hereof, shall relieve the
Minister from discharging any of his duties under the said
Fishing and Recreational Harbours Act and the said Fishing and
Recreational Harbours Regulations.
c) That the Minister shall supply to the Agent, one copy of
the said Act and Regulations, as amended from time to time.
To Pa Rent 2. That the Agent will pay all annual rental fees herein reserved
at the time and in the manner in these Presents set forth, without any
abatement or deduction whatever.
Taxes 3. That the Agent will pay or cause to be paid all rates, taxes and
assessments, of whatsoever description, that may at any time during the
existence of these Presents be unposed, or become due and payable upon, or
in respect of the said premises.
,,,om.lianc . 4. The Agent shall in all respects abide by and comply with all
114 t Law rules, regulations and by-laws of municipalities and other governing
bodies, in any manner affecting the said premises.
(Public Us , 5. Subject to Clause No. 19 hereof, the Agent shall not interfere
with the public use of the said premises during the currency of this
Agreement; it being expressly understood and agreed, however, that the I
Agent may refuse the use of the said premises to any vessel on which tolls
and dues are outstanding and the Agent may take all lawful action through
Small Debts Court or otherwise to obtain payment of outstanding or overdue
accounts.
Access 6. a) That the Minister, his servants or agents shall, at all I
times and for the purpose of inspecting the said premises, have 1
full and free access to any and every part of the said premises.
b) The Minister shall, upon reasonable notice to the Agent,
except in the case of an emergency, have full and free access to 1
the said premises for the purposes of repairing and maintaining
the said premises.
�Ass1 nm�en' 7. That the Agent shall not make any assignment of these Presents,
nor any transfer or sub-lease of any of the premises, rights or privileges I
demised or leased hereunder, without obtaining the prior consent in 1
writing of the Minister to such assignment, transfer or sub-lease.
I
I . .
3.
I
Pe.alr and: 8. That the Agent shall not. during the currency of this Aoreement,
is ntenance do, suffer or permit to be done any act or thing which may impair, damage
or injure the said premises beyond the damage occasioned by reasonable
use, and shall, at the Agent's own cost and expense maintain and repair
all portions of the said premises which may at any time become damaged,
due to the negligence of the Agent, its servants or agents.
are of 9. That the Agent shall, at its own cost and expense, at all times
Pro ert during the currency of this Agreement, keep the said premises in a neat
� and tidy condition, removing or causing to be removed therefrom all
papers, refuse, litter, waste or rubbish arising out of the operations of
the Agent under this Agreement, all to the satisfaction of the Regional
Director.
'Improvements 10. That any improvements made to the said premises by the Agent at
any time during the term of this Agreement. to make the said premises
suitable for the purposes referred to in Clause No. I hereof, shall he at
the risk, test and expense of the Agent and to the satisfaction of the
4!! Regional Director.
i
onstruc- 11. That the Agent shall not construct or erect any buildings or
tion of i other structures on the said premises without obtainino the approval of
Puild1nes .or the Regional Director, of plans showing the design and nature of
ruc ures construction of such buildings or structures and their proposed locations.
•nno ance 12. That the Agent shall not, at any time during the currency of
'u sante this Agreement do, cause or permit to be done, any act or thing in or upon
and the said premises which shall, or may be, or might become, an annoyance,
sturbanCe nuisance or disturbance to the occupiers of any lands or premises
adjoining or in the vicinity of the said premises.
I
the 13. That it is hereby declared, and this Agreement is accepted by
the Agent, upon the express condition that the Agent shall have no
recourse against the Minister. should the Minister's title to the said
premises be found to be defective, or should these Presents prove
110 ineffectual by reason of any defect in such title.
(
Claims and 14. That the Agent shall not have any claim or demand against the
am ages 1 Minister for loss, damage or injury of any nature whatsoever, or howsoever
caused to thf. said premises or to any person or property, at any time
brought. placed, made or being on the said premises unless such damage or
injury is due to the negligence of any officer. servant, agent, contractor
or sub-contractor of Her Majesty the Queen in right of Canada while acting 1
within the scope of his duties.
IIlndemni- IS. That the Agent shall at all times indemnify and save harmless
fication the Minister from and against all claims and demands, loss. costs, 1
damages. actions. suits or other proceedines by whomsoever made, brought
or prosecuted, in any manner based upon, occasioned by or attributable to
the execution of these Presents, or any action taken or things done or I
maintained by virtue hereof, or the exercise in any wanner of rights
arising hereunder. except claims for damage resulting from the negligence
of any officer, servant. agent, contractor or sub-contractor of Her I
Majesty the Oueen in right of Canada while acting within the scope of his
• duties.
1
•
•
4.
TerminatiO, 16. That this Agreement may be terminated at any time:
(a) 8y the Agent upon sixty days' notice 'n writing, such
notice to be signed by the Agent and delivered to or mailed
addressed to the Regional Director, Small Craft HarboursBranch, flepartment of Fisheries and Oceans, P.O. Box 5050,
867 Lakeshore Road, Burlington, Ontario, L7R 4A6, or
(b) By the Minister upon sixty days' notice in writing, signed
by the Minister, and either delivered to the Agent or any
officer of the Agent, or mailed addressed to the last known
place of business or office of the Agent
and thereupon, after the expiration of such period of notification, these
Presents shall be determined and ended, and the Agent shall thereupon, and
also in the event of the determination of this Agreement in any other
manner, except re-entry under Clause No. 17 hereof, forthwith remove from
the said premises all things at any time brouoht or placed thereon by the 1
Agent and shall also to the satisfaction of the Regional Director repair
all and every damage and injury occasioned to the said premises by reason
of such removal or in the performance thereof, but the Agent shall not, by
reason of any action taken or things performed or required under this
clause, be entitled to any compensation whatever, provided that, unless
required by the Minister no goods, chattels, materials, effects or things 1
shall be removed from the said premises until all rent due or to become due
under this Agreement is fully paid.
Default 17. That, notwithstanding anything in this Agreement contained, if
the rent above reserved. or any part thereof, shall be in arrears or
unpaid, whether or not the same shall have been in any manner demanded, or
in case default, breach or non-observance be made or suffered by the Agent
at any time or times, in, or in respect of any of the covenants, provisoes,
conditions, and reservations herein contained, which on the part of the
Agent ought to be observed or performed, then, and in every such case
provided such nonpayment of rent, default, breach or non-observance is not
cured within thirty (30) days from the date of notice thereof in writing
from the Minister to the Agent, the Minister may terminate this Agreement
by giving to the Agent a notice in writing signed by the Minister, and
either delivered to the Agent or any officer of the Agent, mailed addressed
. to the last known place of business or office of the Agent, and thereupon
after the delivery or mailing of such written notification, this Agreement
shall be determined and ended, and in that event, it shall be lawful for
the Minister, his servants or agents, to re-enter and thereafter to have,
possess and enjoy the said premises and all improvements thereon.
And no acceptance of rent subsequent to any breach or
default, other than non-payment of rent. nor any condoning,
excusing or overlooking by the Minister on previous occasions of
breaches or defaults similar to that for which re-entry is made
shall be taken to operate as a waiver of this condition nor in
any way defeat or affect the rights of the Minister hereunder.
{ old Over 1P. Provided always and that it is hereby agreed by and between the
parties hereto that if the said Aoent shall hold over after the expiration
of the term hereby granted, and the Minister shall accept rent, the new
tenancy thereby created shall be a tenancy at will and not a tenancy from
year to year, and the Agent shall pay as rent during the time of such
occupancy a rental to be determined at the discretion of the Minister, and
shall he subject to the covenants and conditions herein contained so far as
the same are applicable to tenancy at will.
5.
nils, 19. That the Agent shall, during the currency of this Aar'eement,
trues & charge tolls or dues established under the authority of the Fishing and
harges Recreational Harbours Act by regulations approved from time to time by the
Governor in Council respecting the said premises. The Aaent may collect
additional reasonable charges for services such as electrical power t
outlets, water outlets, watchman services, etc., provided at the Agent's
expense for the benefit and use of the boating public using the said
premises.
n
�AccountinI 20. That during the currency of this Agreement, the Agent shall cause
ecor s to be kept records of its operations hereunder, such records to be kept '
according to accepted principles of accounting, and the Agent shall supply
to te Regional Director a certified statement for each accounting period
during the currency of the Agreement.
1
udit II 21. That the books of the Agent, concerning the operation and j
ns'ectioii. management of the said premises, shall be open for audit and inspection at i
all times during business hours, by the accredited officers of the
• I Minister. ,
I; 1 I
ITollutionl 22. That the Agent shall not place or deposit, or cause or permit to i
be placed or deposited, any fill, sand, gravel, detritus, waste, debris or 1
1 other materials, articles or things on the said premises which may form a I
deposit thereon or therein without the prior consent, in writing, of the
Regional Director. !
f
ervice 23. That this Aareement is °ranted strictly subject to the right of '
eserva- the Minister and Lessees and Licensees of the Minister to maintain and I
on operate services installed on the said premises at the date of this
Agreement, and to the right of the Minister to orant leases or licences, as �
the case may be, at any time during the currency of this Agreement,
covering the right and privilege or permission to install, lay, maintain
and use services on, over or across the said premises and the Anent shall
not, at any time during the currency hereof, do anything or cause or permit I
anything to be done which will in any way interfere with the rights and
privilege or permissions thereby granted, provided, however, that such
leases or licences will be granted subject to this Agreement and provided
that the Lessees or Licensees thereunder shall not commence to exercise the
rights and privileges or permissions thereby granted unless and until the !
consent in writing is first obtained from the Agent, and which consent
shall not be unreasonably withheld.
Concession 24. That no applications for permission to establish concessions of 1
any kind shall be granted without the prior approval in writing of the i
Regional Director.
Use by Agent 25. That in the event that any portions of the said premises are used i
1 for the purposes of the Agent, the Agent shall establish a market rental
for such use and the Reddendum Clause shall be applied to such rental.
I
ire 2f. That the Agent shall take all necessary precautions against fire 1
revention occurring in or on the said premises. 1
avigable ; 27. That the Agent shall fulfill in all respects the requirements of
ors Part I of the Navigable Waters' Protection Act, Chapter N-19 of the Revised 1
o ec ion Statutes of Canada 1970. I
1Act I
I
I
6.
embers of 2A. No member of the House of Corns shall be admitted to any share !
! arliamen or part of this Agreement or to any benefit to arise therefrom.
iscrim- 29. That the Agent and any Sub-Lessees shall not discriminate against
ination any person by reason of race, colour or creed, in any manner whatsoever,
pertaining to the operation and use of the said premises.
isre res» 30. That if this Lease has been secured by misrepresentation as to
i.•ntation any material fact, this Lease may be summarily cancelled by the Lessor in
i the manner hereinbefore provided.
IN WITNESS WHEREOF the parties hereto have executed these I
Presents the day and year first above written.
II
SI(NFD, SEALED, AND DELIVERED BY
the Agent in the presence of:
• THE CORPORATION OF
THE VILLAGE OF PORT BURWELL
)
)
tr 7.7LC:.,:" 4 1\14. .es't (PALA-
Wi nest
lAgent
1
1...W.1 11
)Ag nt
c/s
SIGNED, SEALED AND DELIVERED FY )
the Minister in the presence of: )
Witness for the Minister of Fisheries and Oceans
i
I
The Corporation of
The Village of Port Burwell
PO Box 10
21 Pitt Street
Port Burwell, Ontario
By-Law 94-08
Being a Bylaw to renumber certain
By-laws in order to avoid numerical
duplication
Whereas Section 102 of the Municipal Act RSO 1990 c. M.45 provides that a council may pass
by-laws governing the operations of the municipality and
Whereas the numerical sequence of certain by-laws passed between 1945 and 1992 have used the
same numbers.
The Council of the Village of Port Burwell hereby deems it necessary to change the numbering of
the following by-laws as follows;
1. BY-LAW 86-08 being a Bylaw to Appoint a By-law Enforcement
Officer, shall be changed to BY-LAW 86-01. By-law 86-08 being a
by-law to set the Rates and Levies for 1986 shall remain.
2. BY-LAW 86-12 being a by-law to Designate the Old Baptist Church
as a Historical Building, shall be changed to BY-LAW 86-18. By-law
86-12 being a by-law to authorize the expropriation of Land shall
remain.
3. BY-LAW 86-14 being a by-law to appoint a Building Official, shall
be changed to BY-LAW 86-19. By-law 86-14 being a by-law to
Amend By-law 86-13, the Zoning By-law shall remain.
4. BY-LAW 230 being a by-law to Set the Rates and Levies for 1969,
shall be changed to BY-I.AW 125. BY-LAW 230 being a by-law for
the Roads Expenditure shall remain.
1
5. BY-LAW 87-15 being a by-law for Licensing and the Regulation of
Taxi Cabs, shall be changed to BY-LAW 87-27. By-law 87-15 being
a-by-law to Authorize Offer to Settle shall remain.
6. BY-LAW 88-12 being a by-law to Grant Ownership of the Sewage
Works shall be changed to BY-LAW 88-25. By-law 88-12 being a
by-law to Allow Encroachment at 22 Pitt Street shall remain.
7. BY-LAW 89-04 being a by-law to Authorize the Lease of Harbour
Lands with the Department of Fisheries and Oceans shall be changed
to BY-LAW 89-06. BY-LAW 89-04 being a by-law to Adopt an
Official Plan for the Village of Port Burwell shall remain.
8. BY-LAW 89-13 being a by-law to Appoint a Plumbing Inspector
shall be changed to BY-LAW 89-16. BYLAW 89-13 being a by-law
to set the Water and Sewer Rates shall remain.
9. BY-LAW 90-11 being a by-law to Appoint a Deputy Fire Chief shall
be changed to BY-LAW 90-19. By-Law 90-11 being a by-law to
Appoint a By-law Enforcement Officer shall remain.
2
•
This by-law read a : and second time •' 27th clay of September 1994.
. .MAL Nesbitt, Reeve
vi . ree, Administrator/Clerk-Treasurer-
This by-law read a third time and finally passed this 27th day of September 1994.
d/k/
• .mas Nesbitt, Reeve
/
Davi.' Free, Administrator/Clerk-Treasurer
3
F i
e - - CORPORATION OF THE VILLAGE OF PORT BURWELL
By-Law 89-07
Being a by-law to extend the time
period for by-law number 88-01
WHEREAS by-law 88-01 being a by-law to designate certain lands
subject to Interim Control is in full force and effect .
WHEREAS on January 25 , 1989 the one year time limit in by-law
88-01 expires.
NOW therefore Council pursuant to section 37 of the Planning Act----.__
1983 enacts as follows;
THAT the time period for by-law 88-01 is extended to December 31 ,
1989.
THIS by-law shall come into effect on date of passin .
MOVED 1W(4&.
)-47...„.6:- SECONDED BY DATE LILAtfici
• That by-law 9-07 be read a first time . Read an. carried .
AMi.. 4
MOVED BY Ca - --...L, SECONDED BY % // 14/%t.. DAT y 'I
That by-law 89-07 read a second time . Read and c'rl; ed . V
MOVED BY SECONDED B - i , , .. i/", , DATE C
That by-law 89-07 be read a third ti e . • =a. ing dispensed c: th , 1
Y
finally passed. /
\.._. )4,..._ .ai.... 4 ' / ---
Reeve C er
lir
CORPORATION OF THE VILLAGE OF PORT BURWELL
By-Law 89-08
Being a by-law to enter into agreement
with Ministry of Community and Social
Services for funding for Day Care •
services in Port Burwell
WHEREAS the Corporation of the Village of Port Burwell is
authorized pursuant to The Municipal Act R.S .O. chapter 302 to
enter into agreement that promote the health and care of the
inhabitants .
THEREFORE the Reeve and Clerk are authorized to sign the attached
agreement marked appendix "A" to by-law 89-08 .
MOVED BY G SECONDED BY DATE f`
That by-law 89-08 be read a first time . R- . aryl carie . �1 Qtw;
MOVED BY Imo' SECONDED BY / _ W%r • _ iS?
That by-law 89 : : be ea- a ti Read carried .
S. ' rih,J
MOVED BY Ailke /AMP- SECONDED BY /Z DATE\
That by-1 89-1 . be ead a third time. Reading dispenseVa it4,
finally passed .
ki\AC;3
Ail
REEVE A CLERK
BY-LAW 89-09
Being a by-law to rescind by-law
number 88-15 and by-law 88-17
WHEREAS by-law 88-15 was a by-law to designate the Brooks
property at the south east corner of Strachen and Erieus Street
as special industrial .
WHEREAS by-law 88-17 was a by-law to zone the Brooks property at
the south east corner of Strachen and Erieus as special
industrial .
WHEREAS Council of the Corporation of the Village of Port Burwell
is desirous of declaring by-laws 88-15 and 88-17 null and void.
THEREFORE by-law 88-15 and 88-17 is declared null and void
effective on passing of this by-law.
MOVED BY 00E4- SEC, DED Wj14? DATEJJ1Lq h9
CARRIED REEVE .1,\ `.
That by-law 89-09 be re a first time. Rea. d carri :d
MOVED / , .. ,�/.� :ECONDED BY .%1 .i' DATE rph I Y/9
CARR I :D RE :'fi
That by-law : 09 b- = : d . second time. Read and carried
AL AO' �P / N
MOVED BY AmG. _:,�„ :CONDED BY /� ;/J/. . __ DATE �/, /7/f/
CARRIED *` .. �
That by-law 89-1''k be read a third time. Reading dispensed with,
finally passed.
•
‘N\ • A -AigA4P-Adill...1.."-
Reeve Ci y Allin C -rk/Trees ood Varty
a
Purchase of Service
_Child Care Initiatives
(T ■e Unite ) I,
To § 99-01?
BETWEEN:
•
HER MAJESTY THE QUEE. in right of Ontario as
•
represented by the Minister of Community and
Social Services.
(hereinafter referred to as "Ontario" )
OF THE FIRST PART
- and -
VILLAGE OF PORT BURWELL
(hereinafter referred to as "the Service
Provider" )
OF THE SECOND PART
WHEREAS Ontario is authorized pursuant to the provisions of
section 8 of the Ministry of Community and Social Services Act, R.S.O.
• 1980, c. 273. to enter into agreements respecting the provision of social
services and community services. including facilities and personnel
relating thereto:
AND WHEREAS the Service Provider with the assistance of
Ontario has agreed to provide a Needs Assessment Study for Day
Care in Port Burwell and surrounding area .
THEREFORE THE PARTIES agree as follows:
1 . PROGRAM AND STAFFING
The Service Provider agrees to provide services in accordance
with the Program Description attached as Schedule "A" to this
agreement and in accordance with the policies and requirements of
the Ministry of Community and Social Services (hereinafter referred
to as "the Ministry" ) and to provide staff as outlined in Schedule
2. CONSULTATION
111 The Service Provider agrees that the staff hired pursuant to
this agreement will , upon request, be available for consultation
with a representative or representatives of Ontario (hereinafter
referred to as "Ministry staff" ) .
3. MINISTRY INSPECTION
The Service Provider will permit Ministry staff to enter at
reasonable times any premises used by the Service Provider in
connection with the provision of services pursuant to this
agreement in order to:
AGR 11-86,'04/16
(a) observe and evaluate the services: and
(b) inspect all records relating to the services provided
• pursuant to this agreement .
4. REPORTS --
The
The Service Provider will maintain proper program records and
prepare and submit annually or at any time upon request a
comprehensive report respecting the services being provided pursuant
to this agreement. The reports will be in a form acceptable to
Ministry staff.
S. FINANCIAL RECORDS
5. 1 The Service Provider will maintain proper financial records and
books of account respecting services provided pursuant to this
agreement and will allow Ministry staff to inspect and audit said
books and records at all reasonable times both during the term of
this agreement and subsequent to its expiration or termination.
5. 2 The Service Provider will , upon request, submit to Ontario an
audited financial statement with respect to the services provided
pursuant to this agreement.
• 6. CONFIDENTIALITY
The Service Provider its directors, officers, employees, agents
and volunteers will hold confidential and will not disclose or
release to any person or agency at any time except where required by
law, either during or following the term of this agreement , any
information or document pertaining to services provided for or on
behalf of any individual pursuant to this agreement without the
written consent of the individual or the individual 's parent or
guardian prior to the release or disclosure of such information on
document .
7. CONSENTS
The Service Provider agrees to obtain in writing all consents
or oaths which may be necessary to the provision of services pursuant
to this agreement .
8. CONSIDERATION
• 8. 1 Ontario will pay to the Service Provider for expenditures
incurred pursuant to this agreement an amount not to exceed the
amount stipulated in the approved budget attached as Schedule "C" for
the period specified in said budget. Any monies so paid will be
applied in accordance with the approved budget . Ontario reserves the
right to determine the amounts, times and manner of such payments.
8. 2 With the prior written approval of Ministry staff, the Service
Provider ■ay transfer funds between individual budget line items.
provided that the total approved budget amount is not exceeded.
- 3 -
• 8.3 The Service Provider understands and agrees that the monies
paid by Ontario pursuant to this agreement constitutes a one-time
only payment.
• 9. TERM
9. 1 This agreement will be in force from the 1st day
of January 1989 . up to and including the 3lstday
of March , i989, , until it is terminated by either party by
giving sixty (60) days written notice. In the event of termination
of the agreement, the Service Provider will refund forthwith to
Ontario any monies advanced by Ontario and not expended in accordance
with the approved budget.
9. 2 Notwithstanding subclause 1 if. in the opinion of Ministry
staff, the Service Provider is in breach of any of the terms of this
agreement, or is in breach of any of the provisions of the Day
Nurseries Act , R.S.O. 1980, c. 111 or any regulation thereunder where
the provisions apply to the Service Provider and written notice of
such breach has been given to thg Service Provider either personally
or by registered mail , this agreement may be terminated forthwith
should the Service Provider fail to remedy said breach within ten
( 10) days of receiving notice.
• 10. INDEMNIFICATION
The Service Provider will , both during and following the term
of this agreement , indemnify and save harmless Ontario from all
costs , losses, damages , judgements. claims, demands, suits, actions
or other proceedings In any manner based upon, occasioned by or
attributable to anything done or omitted to be dome by the Service
Provider, its directors . officers, employees, agents or volunteers in
connection with services provided, purported to be provided or
required to be provided by the Service Provider pursuant to this
agreement.
11 . INSURANCE
The Service Provider will obtain and maintain in full force and
effect during the term of this agreement comprehensive general
liability insurance acceptable to Ontario in an amount of not less
than SS00.000 per occurrence in respect of the services provided
pursuant to this agreement . The insurance policy shall ,
(a) include as an additional insured "Her Majesty the Queen in
. right of Ontario as represented by the Minister of Community
and Social Services" in respect of and during the provision of
services by the Service Provider pursuant to this agreement;
(bl contain a cross-liability clause endorsement ; and
(c ) contain a clause including liability arising out of contract or
agreement.
The Service Provider will submit to Ontario, upon request, proof of
insurance.
• 12. NON-ASSIGNMENT
The Service Provider will not assign this agreement, or any
part thereof, without the prior written approval of Ontario. which
approval may be withheld by Ontario In its sole discretion or given
• subject to such terms and conditions as Ontario ■ay impose.
13. SCHEDULES
All terms and conditions of Schedules "A" , "B" , and "C" are
incorporated into this agreement except where they are inconsistent
with this agreement . This agreement and the attached Schedules
embody the entire agreement and supersede any other understanding or
agreement, collateral , oral or otherwise, existing between the
parties at the date of execution.
14. DISPOSITION
The Service Provider will not sell , change the use or otherwise
dispose of any item, furnishing or equipment in respect of which
monies have specifically been provided by Ontario without the prior
written consent of Ontario, which consent may be subject to such
terms and conditions for repayment in whole or in part as Ontario may
deem advisable.
•
•
•
IN WITNESS WHEREOF this agreement has been executed under seal
by on behalf of Ontario
and on behalf of the Service Provider by its proper signing officers.
• SIGNED. SEALED AND DELIVERED )
1
on the day of )
)
19
1
in the presence of )
)
)
On behalf of the Ministry of
Coaaunity and Social Services
)
) VILLAGE OF PORT BURWELL
(Service Provider ' s name)
BY:
By:
(Affix corporate seal )
• Witness required where the Service Provider is a sole proprietor or a
partnership.
•
SCHEDULE 'A'
410 VILLAGE OF PORT BURWELL
Consulting services to assess the need for child care services
for the Village of Port Burwell and surrounding area .
•
•
SCHEDULE ' B'
• VILLAGE OF PORT BURWELL
To purchase community development consultant services to
undertake a needs assessment of child care services in the
village of Port Burwell and surrounding area .
•
•
SCHEDULE ' C'
•
VILLAGE OF PORT BURWELL
ITEM
To purchase consulting services to undertake a needs
study for the Village of Port Burwell and the surrounding
community to include :
Phone Survey
Local Contacts Interviews
Milage
Survey Development
Consulting Fees
Language Services $4 , 000
Total : $4 , 000
III
Maximum amount payable by the Ministry of Community and Social
Services - $4 , 000 by March 31 , 1988 .
0/3
BY-LAW 89-10
ill —
Being a by-law to enter into a
lease agreement with Catherine
Hamilton on the east beach.
WHEREAS Council of the Corporation of Village of Port Burwell is
desirous of entering into a lease agreement with Catherine
Hamilton.
THE Clerk and Reeve are authorized to sign the attached lease
marked append' "A" • ; i by-law. /
MOVED BY L� 0//,!i%'ECONDED : . . , // .4 DATE'�P b I yis-�
CARRIED REEVE `\,• /
That by-law 89-10 be r d a first time.
Y Read and carried.
. I
MOVED B Q� Q,� ' :CONDED BY "/ . �,�.-- DATE PO / Y�� j
CARRIED REEV MI
That by-law 89-100_be rn...,d a second time. d • ar . ied. r
9 MOVED BY a 5- - ! •NDED BY j/ j!/kiwi DATE#' I c
CARRIED REEVE ` .
That by-law 89-10 be r d a till d time. • ding di : =need with,
' Wally passed.
Reeve Cind Allin C 'erk ELWood V: y
III
•
S LEASE AGREEMENT
BETWEEN: 'The Corporation of the Village of Port Burwell : LESSOR
AND
MRS CATHERINE HAMILTON : LESSEE
PURPOSE : To grant lessee the- right to operate a fast food
concession booth in area.
WHERE: Bounded on West by Robinson Street
on North by Hagerman Street
on East by Erieus Street
on South by Lake Erie
TERMS : one year-January 1 , 1989 to December 31 , 1989
TERMINATION : 60 days notice by either party or December 31 , 1989
AMOUNT: $1 , 000. 00 payable prior to June 1 .
CONDITIONS :
LESSOR RESPONSIBILITIES
1 . To provide adequate roadways for access to beach area.
2 . To supply, install , and replace grinder sewage pump and tank
if necessary.
3 . To maintain sewer line from washrooms to pumping station at
Brock and Erieus Streets.
4 . To be responsible for maintenance, repair and liability
insurance for playground equipment supplied by the lessor.
5 . To clear beach area of debris in Spring of each year.
LESSEE RESPONSIBILITIES
1 . To maintain Booth and washrooms in state of repair so as not
to be a hazard or an eyesore to the beach area and adjoining
property.
2 . To install flush toilets and basins in washroom and have the
facilities available to the public as well as customers.
3 . To maintain grinder sewage pump and tank for sewage disposal
and supply hydro and water for same .
4 . To supply garbage cans for area and to pick up garbage in
area during business seasons . Garbage to be picked up daily as
41/ necessary, irregardless of origin . Garbage to be disposed of
properly.
5 . To be responsible for claims resulting from injury on
property and premises with exemption of playground equipment
supplied by Village.
6 . To comply to regulations set down by Elgin County Health
Board.
7 . To provide proof of liability insurance coverage to Village
prio�.�une 1 � .
LESSOR LESSEE
WITNESS
LEASE AGREEMENT
BETWEEN: The Corporation of the Village of Port Burwell : LESSOR
AND
MRS CATHERINE HAMILTON : LESSEE
PURPOSE: To grant lessee the right to operate a fast food
concession booth in area.
WHERE: Bounded on West by Robinson Street
on North by Hagerman Street
on East by Erieus Street
on South by Lake Erie
TERMS : one year-January 1 , 1989 to December 31 , 1989
TERMINATION: 60 days notice by either party or December 31 , 1989
AMOUNT: $1 , 000. 00 payable prior to June 1 .
CONDITIONS :
LESSOR RESPONSIBILITIES
110 1 . To provide adequate roadways for access to beach area.
2 . To supply, install , and replace grinder sewage pump and tank
if necessary.
3 . To maintain sewer line from washrooms to pumping station at
Brock and Erieus Streets .
4 . To be responsible for maintenance, repair and liability
insurance for playground equipment supplied by the lessor .
5. To clear beach area of debris in Spring of each year .
LESSEE RESPONSIBILITIES
1 . To maintain Booth and washrooms in state of repair so as not
to be a hazard or an eyesore to the beach area and adjoining
property.
2 . To install flush toilets and basins in washroom and have the
facilities available to the public as well as customers .
3 . To maintain grinder sewage pump and tank for sewage disposal
and supply hydro and water for same .
4 . To supply garbage cans for area and to pick up garbage in
area during business seasons . Garbage to be picked up daily as
• necessary, irregardless of origin . Garbage to be disposed of
properly.
5 . To be responsible for claims resulting from injury on
property and premises with exemption of playground equipment
supplied by Village .
6 . To comply to regulations set down by Elgin County Health
Board.
7 . To provide proof of liability insurance coverage to Village
priTtO ne
k�•� LESSOR LESSEE
WITNESS
•
111
BY-LAW 89-11
Being a by-law to appoint two new
members to Port Burwell Non-Profit
Housing Corporation
WHEREAS the Port Burwell Non-Profit Housing Corporation is a
municipal Non-Profit Housing Corporation.
WHEREAS Vera Bates a member of the Board desires to be replaced.
WHEREAS Father J . Mooney a member of the Board desires to be
replaced.
WHEREAS the Board is constituted of all elected members of
Council and such other persons as may be appointed.
THEREFORE Council enacts that Mr. Don Mole of Milton Towers and
Mr. Joseph Kirby of Milton Towers are hereby appointed Board
members of the Port Burwell Non-Profit Housing Corporation.
Ill MOVED BY ( —'-S/vi-t v-- SECONDED : ' i AK' ,i' DATE 14Iy/5
That by-B. :9-1 iAtd a first in-. Rea. and carried
CARRIED �, • Reeve
MOVED BY AlgilleffSECONDED BY (226 — 5A.A..-- DATE reb14 C /
That by-1 . 89-1 • - a second time. Read and carried
CARRIED • . \, y Reeve
MOVED le" / ,. //j_ 4 " SECONDED BY IN ._ ,, DATE
That by- a/ :9-1 be read a third t'me. ceding . ispensed with,
finally p:-. sed.
r
41/ BY-LAW 89-12
Being a by-law to amend by-law 89-04A
Being a by-law to enter into agreement
with Fisheries and Oceans to lease the
Harbour
WHEREAS by-law 89-04A authorizes the Reeve and Clerk to sign an
agreement to be in force and effect on a date other than January
1 , 1989 .
THE Clerk and Reeve are authorized to sign a lease with effective
date of January 1 , 1989 .
D i IV 6.
MOVED BY )7 SECONDED BY /e.j D TEV-n i%LE �,:� Nom-'
That by-law 12 be read a first time. - .' an. c. r 'ied. T R'eCye
MOVED BY A ' `S :ECONDED BY Jr:, '4/'A4 DATE �hY 4`���
1 ; 11•
That by-law : 9=12 . - rad a second time. 'ead and carried.
eoe
MOVED BY AG' _ /,,�:l SECONDED B ,,,, ,Jri . DATE Ceb1�11�a`(
1110 That by-law 89-12 be rea: a third time. . ading dispensed with,
finally passed.
4)::::
Ly'ke& (%!.. s '-'-' -)
-_-C,,,,,,,,Pc)--,) ez-zA-
4110
1
r--
Al/
THE CORPORATION OF THE
VILLAGE OF PORT BURWELL
BY-LAW NUMBER 89-13
Being a by-law to set water
and sewer user rates in the
Village of Port Burwell .
WHEREAS by Chapter 302 R.S.O. section 218 paragraph ( 16 ) the
Council of a local Municipality may by by-law provide for
imposing upon owners or occupants of land who use sewage works a
sewage service rate.
WHEREAS Chapter 302 R.S .O. section 218 paragraph 2 and R. S .O.
Chapter 423 section 12 , 27 and others provides for imposing
rates , regulating, metering , measuring and collection
441 frequencies , methods for water and sewer rates.
THE Corporation of the Village of Port Burwell hereby enacts :
1 . That all users of Port Burwell Municipal Water System are to
have their water supply metered .
2 . The meter, remote readout and meter connections are owned by
the Corporation .
3 . The meter is to be sealed by a Corporation representative and
the seal is to remain unbroken , except by a Corporation
representative.
4 . The readout is to be placed near the hydro meter readout with
the utility user supplying sufficient space , with unhindered
visibility and access close enough for reading with the naked
eye .
5 . The utility user or occupant may enclose the meter .
6 . The meter is not to be altered, defaced, or changed in any
manner.
7 . The meter is to be installed without a valve between the
meter and the exterior stop cock .
8 . There are to be no T' s or supply splits between the stop cock
and the meter.
RATES :
1 . All metered users shall pay $1 . 21 for the first cubic meter
( $5 . 50 for the first 1 , 000 imperial gallon) of water metered
each month , and an additional $1 . 21 for each cubic meter,
metered each month in excess of THE FIRST 5 cubic meters
(approx . 1000 gal ) METERED per month.
2 . Where Municipal sewers are connected to the metered supply,
the sewage service rate shall be $16 . 72 each and every month
irregardless of the quantity of water used .
3 . Metered users shall receive a minimum bill for the first 5
cubic meters a month irregardless if it is used.
AM
111
4 . Commercial and industrial metered users shall pay a rate
that is the same as the metered residential users .
5 . -Customers- of occupied residence and businesses shall pay a
monthly rate equivalent to 80 cubic meters if meter readings
are unavailable or tampered.
6 . Unmetered customers of abandoned homes or businesses shall
pay a rate equivalent to upon approval by resolution of
Council .
7 . All Customers shall be entitled to one free turn on or turn
off per calender year , and each turn after this shall be
charged at $15 . 00 . This charge shall be levied in case of
turn off for non payment of account or at the Customers
request.
8 . All work performed on private property shall be charged at
the current rate and is to be due on rendering of account.
This charge is to be lien on the property and is to be
collected as an extension or addition to the water/sewer
bill .
9 . Should a Municipal sewer to be hooked to a private water
• supply, the rate shall be $16 . 72 per month .
10 . Any out of Town users shall pay a rate of 1 1/2 times the in
Village users .
12 . No person may use water from a fire hydrant, with the
exception of fire departments .
.any person who contravenes this by-law is subject to a fine of up
to $1 , 000 . 00 upon summary conviction or under Provincial Offences
act.
THIS by-law repeals and rescinds all other previous by-laws that
determine user rates .
THIS by-law to come into effect on January 1 , 1989 at 1 : 00 A.M.
THIS by-law does not replace the P.U.C . Act R.S .O. Chapter 423 .
MOVED BY 6V6— cjc,v SECONDED BY 1" . DATE c 4S
That by-law, 13 .e read a first time. Read and carried.
ee0 C
MOVED B API ,i SECONDED BY +ADATE GC.v ( v .
THAT by-la 81 3 be read a second time Read and dispensed MA.
with . CLJe.
MOVED BY /77�+�i � SECONDED BY DATE V
• THAT by-l'w 89-13 be read a third tim- Reading . ispensed with ,
finally passed.
n c
� `� ) REEVE MID CLERK
10P •
BY-LAW NUMBER 89-14
01 Being a by-law to set remuneration
of the Reeve and Council and to
provide for the paying of expenses
WHEREAS Chapter 302 "The Municipal Act" R. S .O. 1985 paragraph 238
permits Council to pass a by-law for paying remuneration to a
member of Council and such remuneration may be determined in any
manner that Council considers advisable .
AND WHEREAS Chapter 302 , R. S .O. paragraph 238 permits Council to
pass a by-law to set maximum amounts or rates that may be paid in
respect of expense.
THEREFORE Council enacts that the following rates of remuneration
be paid ;
To Whom For Which Amount Maximum Amount
Reeve Two regular meetings/mth 80 . 00/meet 1920 . 00/yr
as set by by-law
Reeve Special meeting 80 . 00/meet /000 . 00/yr
Councillor Two regular meetings/mth 70 . 00/meet 1680 . 00/yr
as set by by-law
Councillor Special meetings 70 . 00/meet 700 . 00/yr
Reeve & Convention attendance determined determined
Council resolution resolution
FURTHER MORE ; to be paid for a regular or special meeting the
Reeve and Council must be in attendance at the meeting . A
special meeting is defined as a meeting as summoned by the Head
of Council or by the majority of members as a request to the
Clerk as permitted by Chapter 302 , R. S .O. (municipal Act )
paragraph 57 section ( 2 )
AND FURTHER MORE; be it enacted that all attendance to represent
the Village and expenses to attend conventions must receive prior
approval of resolution of Council .
0AND FURTHER MORE; be it enacted that while on the Municipalities
business automobile expenses be paid at the rate of 25 cents per
kilometre driven.
AND FURTHER MORE; be it enacted that while on the Municipalities
business that a meal allowance be provided to be no more than
$30 . 00 for each 24 hour period providing that the time on
business has been more than 12 hours . A proper invoice must be
provided to the Treasurer
.101111
Meal Schedule
Time on Village business Allowance
2 to 4 hours 5 .00
2 to 8 hours but more than 4 hours 10.00
2 to 12 hours but more than 8 hours 30. 00
The sections of this by-law relating to Council remuneration to
come into effect December ,#, 1988 . The sections of this by-law
relating to expenses to come into effect March 1 , 1989
This by-law replaces all other by-laws dealing w. th •eeve and
Council remuneration.
MOVED BY P'• • C SECONDED BY �, , 4, .TIAL DATE f� t 1,9
That by-law 89- 4 bread a first time. 'ead and car 'ied �` t�
/. SECONDED
MOVED : / i , J,/, BY DATE /y f/Q
That .y- aw : •-14 be read a second tim . Read and dispersed _ " Nwith. /
MOVED BY f /((dr SECONDED ' /. ,. 44l,#n/. DATE / /ft 47
That by-lam 9-14 e read . third time 'e: • ing dispensed with,
finally passed.
(1,„,,,,*1,_d
re_.!2
e't 191 • p' c "
LA e t. t j . Ct )4 /1;/1
7c, V�..,isbir
BY-LAW NUMBER 89-15
Being a by-law to autborize th$ Village
to lease a property to underwater gas .
WHEREAS the Village of Port BUrwell leases property from
Government of Canada and shown as part 1 and part 2 of schedule A
attached and forming part of this by-law.
WHEREAS the Village is desirous of leasing this property to
Underwater Gas .
WHEREAS this lease is attached and marked appendix A to by-law
#89-15 .
THEREFOR the Reeve and Clerk are authorized to sign this
agreement .
MOVED BY c/.24-s.—SECONDED BY i� /, tet; ; • pi.,l ,30(/ 9
• That bylaw 8•-15 .e read a first Read an ca ' ed. ` ..e4
MOVED ,s - r.d. 4d4 4,,.. t.Ree.
SECONDED BY DATE t • .1 ,
That .y-l : w i r-15 be read a second time. Read and di -pe s - .
with .
410
MOVED BY i!� NDED BY��. S�ls.�., DATE
That by- aw 8 5 read a third time. Reading dis se(if.A.,aSiget with ,
finally passed.
\\-Ak\k,
1/ r--)
••
o
.
BY-LAW NUMBER 89-15
Being a by-law to authorize the Village •
to lease a property to underwater gas .
WHEREAS the Village of Port. BUrwell leases property from
Government of Canada and shown as part. I and part 2 of schedule A
attached and forming part of this by- law.
WHEREAS the Village is desirous of leasing this property to
Underwater Gas .
WHEREAS this lease is attached and marked appendix A to by- law
189-15 .
THEREFOR the Reeve and Clerk are authorized to sign this
agreement .
MOVED BY S/44-c• SECONDED BY y ,14''i E
ta%
That bylaw 8 -15 a read a first ti . . Read an ca ' ed .
MOVED ` SECONDED BY — DATE A - j9
That y-1 w -15 be read a second time. Read and didpe s
with. C.c-+r: CA tab
eve-
MOVED BY 4/ 1)11;:4K- - -*LADED BY`� ��'4+- DATE r►�� $q
That by- aw 86 °F5 by read a third time. Reading disp se with
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Certify this to
EL be a true Copy
WpOD VAR •
Clerk
Signatu
• •
L EAS E
VILLAGE OF PORT BURWELL
AND
UNDERWATER GAS DEVELOPERS LIMITED
DATE OF DOCUMENT APRIL 11 , 1989
BEGINNING OF TERM JANUARY 1 , 1989
FIND OF TERM DECEMBER 31 , 1989
RENTAL PAYABLE. SEE REDDENDUM CLAUSE
LANDS OR RIGHTS DEMISED ALL AND SINGULAR those three certain
parcels or tracts of land situate, lying and being on the East
side of Chatham Street in the Village of Port Burwell in the
County of Elgin and Province of Ontario, more particularly
described as Part of the unsubdivided part of lot 11 , Concession
1 , and partof the accreted land being the bed of Lake Erie, all
being more particularly shown outlined in red on the Plans hereto
annexed and designated Schedule "A" and Schedule "B" .
THIS INDENTURE made this lith day of April One Thousand nine
hundred and eighty-nine.
flF: TWT F: N
Corporation of the Village of Port hurwell
OF THE FIRST PART;
-AND-
UNDERWATER GAS DEVELOPERS LIMITED, a Company
carrying on business in the Province of Ontario
and having its head Office in the city of Toronto
(hereinafter called the "Lessee" ) ,
OF THE SECOND PART;
WITNESSETH that the Lessor, in consideration of the rents,
covenants, provisions and conditions hereinafter contained,
hereby leases unto the Lessee :
ALL AND SINGULAR those three certain parcels or tracts of
land situate, lying and being on the East side of Chatham Street
in the Village of Port Burwell in the County of Elgin and
Province of Ontario, more particularly described as Part of the
unsubdivided part of Ldt 11 , Concession 1 , and part of the
accreted land being the bed of Lake Erie (hereinafter referred to
as "the said premises" ) and all being more particularly shown
outlined in red on the Plans hereto annexed and designated
Schedule "A" and Schedule "B" .
TO HAVE AND TO HOLD the said premises unto the Lessee from
and after the first day of January, One Thousand nine hundred and
eighty-nine for a term or period of one ( 1 ) year and then fully
to be complete and ended.
YIELDING AND PAYING, therefor, during the currency of this
lease unto the Lessor, to the receiver General of Canada, in
lawful money of Canada, the following rent, payable each year in
advance.
IN THIS AGREEMENT
( 1 ) Village means the Corporation of the Village of Port Burwell
and any person he has delegated to act on his behalf.
It is agreed by and between the said parties hereto that
these Presents are made and executed upon and subject to the
covenantss provisions, conditions and reservations hereinafter
set forth and contained, namely :
1 . That notwithstanding anything in this Lease contained, the
said premises shall be used as a site for the construction,
maintenance and operation of a Helicopter Pad and Terminal ,
parking .facilities and relatkd operations and carrying out
assembly and construction of pipes and equipment relating to the
Lessee's business and shall be used for no other purpose or
purposes -whateaer.
2. That. the Lessee shall pay all rental herein reserved at the
time and in the manner in these Presents set forth, without any
abatement or deduction whatever.
• 3 . That the Lessee shall pay or cause to be paid all rates,
taxes and assessments, of whatsoever description, that may at any
time during the existence of these Presents be imposed , or become
due and payable upon, or in respect of the said premises.
4 . That the Lessor, her servants or agents shall , at all times
and for all purposes , have full and free access to any and every
part of the said premises.
•
5. That the Lessee shall riot make any assignment of these
Presents, nor any transfer or sub-lease of any of the lands ,
rights or privileges demised or leased hereunder, without
obtaining the prior consent in writing of the village to such
assignment, transfer or sub-lease.
6 . That, the Lessee shall not, during the currency of this
lease, do suffer or permit to be done any act or thing which may
impair, damage or injure the said premises beyond the damage
occasioned by reasonable use, and shall , at the Lessee's own cost
and expense maintain and repair all portions of the said premises
which may at any time be damaged , other than in the reasonable
use thereof, the Village to be sole judge of the meaning of the
works "reasonable use" .
7. That any improvements made to the said premises by the
Lessee at any time during the term of this lease , to make the
said premises suitable for the purpose referred to the Clause no.
l hereof, shall be at the risk , cost and expense of the Lessee
and to the satisfaction of the Village.
8 . That the Lessee shall not construct or erect any buildings
or other structures on the said premises without obtaining the
approval of the Regional Director, of plans showing the design
and nature of construction of such buildings or structures and
their proposed locations , and all such- buildings or structures
shall be constructed , and thereafter maintained by and at the
cost and expense of the lessee, to the satisfaction of the
Village.
9 . That •the Lessee shall not , at any time during the currency
of this Lease , do, cause or permit to be done , any act or thing
in or upon the said premises which shall , or may be , or might
become , an annoyance , nuisance or disturbance to the occupiers of
any lands or premises adjoining or in the vicinity of the said
- � 7
.
premises and of which matters the Village shall be sole judge and
his Zlecisionthereon binding on the Lessee.
10 . That it is hereby declared, and this Lease is accepted by
the Lessee, upon the express condition that the Lessee shall have
no recourse against the lessor, should the Lessor's title to the
said premises be found to be defective, or should these Presents
prove ineffectual by reason of any defect in such title.
11 . That the Lessee shall not have any claim or demand against.
the Lessor for loss, damage or injury of any nature whatsoever ,
or howsoever caused to the said premises or to any person or
property , at any time brought , placed , made or being on the said
premises.
12 . That the Lessee shall at all times indemnify and save
harmless the Lessor from and against all claims and demands ,
loss, costs, damages , actions , suits or other proceedings by
whomsoever made, brought or prosecuted in any manner based upon,
occasioned by or attributable to the execution of these Presents,
or any action taken or things done or maintained by virtue
hereof, or the exercise in any manner of rights arising
hereunder.
13. That this Lease may be terminated at any time : -
(a ) By the Lessee upon sixty days' notice in writing, such
notice to be signed by the Lessee and delivered to or mailed
addressed to Clerk , The Corporation of the Village of Port
Burwell , 21 Pitt Street, Port Burwell , Ontario, NOJ 1TO
(b) By the Lessee if the said premises or any part thereof
should be required at any time during the currency of this lease
for any public purpose that in the opinion of the Village
constitutes an unforeseen emergency , upon sixty days' notice in
writing, signed by or on behalf of the Village and either
delivered to the Lessee or any officer of the Lessee, or mailed
addressed to the last known place of business or office of the
Lessee,
and thereupon, after the expiration of such period of
notification, these Presents shall be determined and ended , and
the Lessee shall thereupon, and also in the event of the
determination of this lease in any other manner, except re-entry
under clause No. 14 hereof, forthwith remove fro■ the said
premises all things at any time brought or placed thereon by the
Lessee and shall also to the satisfaction of the Village repair
all and every damage and injury occasioned to the said premises
by reason of such removal or in the performance thereof, but. the
Lessee shall not., by reason of any action taken or things
performed or required under this clause be entitled to any
compensation whatever, provided that , unless required by the
Village, no goods, chattels, materials, effects or things shall
be removed from the said premises until all rent due or to become
• • . • •
due under this Lease is fully paid.
14 . That, notwithstanding anything in this Lease contained , if
the rent above reserved , or any part thereof, shall be in arrears
or unpaid , whether or not the same shall have been in any manner
demanded, or in case default , breach or non-observance be made or
suffered by the Lessee at any time or times , in , or in respect of
any of the covenants , provisions , conditions , and reservations
herein contained , which on the part of the Lessee ought to be
observed or performed , then, and in every such case provided such
non-payment of rent, default, breach or observance is not cured
within fifteen days from the day of notice thereof in writing
from the Lessor to the Lessee and signed by or on behalf of the
Village, the Lessee may terminate this Lease by giving to the
Lessee a notice in writing signed by or on behalf of the Village ,
and either delivered to the Lessee or any officer of the Lessee,
mailed addressed to the last known place of business or office of
the Lessee, and thereupon after the delivery or mailing of such
written notification, this Lease shall be determined and ended ,
and in that event, it shall be this Lease shall be determined and
ended, and in that event, it shall be lawful for the Lessor, her
servants or agents , to re-enter and thereafter to have possess
and enjoy the said premises and all improvements thereon.
And no acceptance of rent subsequent to any breach or
default, other than non-payment of rent, nor any condoning,
excusing or over looking by the Lessor on previous occasions of
breaches or defaults similar to that for which re-entry is made
shall be taken to operate as a waiver of this condition nor in
any way defeat or affect the rights of the Lessor hereunder.
15. That this Lease is granted strictly subject to the right of
the Lessor and Lessees and Licenses of the Lessor to maintain and
operate services installed on the said premises at the date of
this Lease, and to the right of the Lessor and the Village to
grant leases or licences, as the case may be, at any times during
the currency of this lease, covering the right and privilege or
permission to install , lay, maintain and use services on , over or
across the said premises and the Lessee shall not, at any time
during the currency hereof, do anything or cause or. permit
anything to be done which will in any way interfere with the
rights and privilege or permissions thereby granted , provided
however, that such leases or licences will be granted subject to
this Lease and provided that the Lessees or Licences thereunder
shall not commence to exercise the rights and privileges or
permissions thereby granted unless and until the consent in
writing is first obtained from the Lessee, and which consent
shall not be unreasonably withheld.
16. , o ded always and that it is hereby agreed by and between
•
the T' hereto that if the said Lessee shall hold over after
the expiration of the term hereby granted , and the Lessor shall
accept rent, the new tenancy thereby created shall be a tenancy
at will and not a tenancy from year to year, and the Lessee shall
. • •
•
•
pay as rent during the time of such occupancy a rental to be
determined at the discretion of the Lessor, and shall be subject
to the -covenants and conditions herein contained so far as tte
same are applicable to tenency at will .
•
17 . The Lessee shall in all respects abide by and comply with
all rules , regulations and by-laws of municipalities and other
governing bodies , in any manner affecting the said premises.
18 . That the Lessee shall not discharge, or cause or permit to
be discharged or howsoever to get into the waters of the said
premises any deleterious-material , noxious, contaminated or
poisonous substances, including oil , petroleum and petroleum
products, all as determined by the Lessor whose decision shall be
final , and if at any time and from time to time during the- term
of this Lease or any renewal thereof, any pollution is caused to
waters of the said premises by reason or as a result of the
operations of the Lessee or Sub-Lessee or assignees of the
Lessee, as to all of which the Lessor shall be the sole judge,
and his decision shall be final , the Lessee shall forthwith upon
receipt of a notice in writing from the Village undertake,
•
prosecute without interruption and complete the work of removal
of such pollution material from the said water, at the cost and
expense of the Lessee and the satisfaction of the Lessor, and in
case the Lessee fails to carry out its obligations under this
clause to remove such pollution material from the said waters,
the Lessor may cause such work to be undertaken prosecuted and
completed all at the cost of the Lessor work and all other costs
and expenses shall constitute a debt payable by the Lessee to the
Lessor.
19. That the Lessee shall riot place or deposit, or cause or
permit to be placed or deposited, any fill , sand, gravel ,
detritus, waste, debris or other materials, articles or things on
the said premises which may form a deposit thereon or therein
without the prior consent , in writing, of the Lessor.
20. That the Lessee shall take all necessary precautions against
fire occurring in or on the said premises and all heating
equipment installed shall be subject to the approval of the Fire
Commissioner of Canada .
21 . That. the Lessee shall , at the Lessee' s own cost and expense ,
at all times during the currency or this Lease, keep the said
premises in a neat and tidy condition, removing or causing to be
removed therefrom all papers, refuse, litter, waste or rubbish
arising out of the operations of the lessee under this Lease , all
to the satisfaction of the village .
22 . No member of the House of Commons shall be admitted to any
share or part of this agreement or to any benefit to arise
•
therefrom.
11 23 . That if this Lease has been secured by misrepresentation as
411
•
to any material fact, this Lease may be summarily cancelled by
the Lessor in the manner hereinbefore provided.
24 . That the Lessee shall , fulfill in all respects the
requirement's of Part_ 1 of the Navigable Waters' Protection Act,
Chapter N-19 of the Revised Statues of Canada 1970.
IN WITNESS WHEREOF the parties hereto'`have executed
these Presents the day and year first above written.
SIGNED, SEALED AND DELIVERED BY the Lessee:
AR )UNDERWAT R u'l4•ERS LIM'TED
- Ap?ROVED ) 'Pit L...K.WPF
LT5
ser
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) Lessee Seer ` a y
SIGNED, SEALED AND
DELIVERED BY the Lessor : 1
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• LEASE:
VILLAGE OS PORT BURWELL
AND
UNDERWATER GAS DEVELOPERS LIMITED
DATE OF DOCUMENT APRIL 11 , 1989
BEGINNING OF TERM JANUARY 1 , 1989
END OF TERM DECEMBER 31 , 1989
•
RENTAL PAYABLE SEE REDDENDUM CLAUSE
LANDS OR RIGHTS DEMISED ALL AND SINGULAR those three certain
parcels or tracts of land situate , lying and being on the East
side of Chatham Street in the Village of Port Burwell in the
County of Elgin and Province of Ontario , more particularly
described as Part of the unsubdivided part of lot 11 , Concession
1 , and part of the accreted land being the bed of Lake Erie, all
being more particularly shown outlined in red on the Plans hereto
annexed and designated Schedule "A" and Schedule "B" .
F"` AMMMOOMMIIIMMEIMM
•
•
• THIS INDENTURE made this 11th day of April One Thousand nine
h;fndred and" eighty-nine.
B E T W E E N
Corporation of the Village of Port burwell
OF THE FIRST PART;
-AND-
UNDERWATER GAS DEVELOPERS LIMITED, a Company
carrying on business in the Province of Ontario
and having its head Office in the city of Toronto
( hereinafter called the "Lessee" ) ,
OF THE SECOND PART;
WITNESSETH that the Lessor, in consideration of the rents,
covenants , provisions and conditions hereinafter contained,
• hereby leases unto the Lessee :
ALL AND SINGULAR those three certain parcels or tracts of
land situate , lying and being on the East side of Chatham Street
in the Village of Port Burwell in the County of Elgin and
Province of Ontario , more particularly described as Part of the
unsubdivided part of Lot 11 , Concession 1 , and part of the
accreted land being the bed of Lake Erie (hereinafter referred to
as "the said premises" ) and all being more particularly shown
outlined in red on the Plans hereto annexed and designated
Schedule "A" and Schedule "B" .
TO HAVE AND TO HOLD the said premises unto the Lessee from
and after the first day of January, One Thousand nine hundred and
eighty-nine for a term or period of one ( 1 ) year and then fully
to be complete and ended .
YIELDING AND PAYING, therefor , during the currency of this
lease unto the Lessor , to the receiver General of Canada, in
lawful money of Canada, the following rent , payable each year in
• advance .
IN THIS AGREEMENT
( 1 ) Village means the Corporation of the Village of Port Burwell
and any person he has delegated to act on his behalf.
It is agreed by and between the said parties hereto that
these Presents are made and executed upon and subject to the
covenants , provisions , conditions and reservations hereinafter
set forth and contained , namely :
1 . That notwithstanding anything in this Lease contained, the
said premises shall be used as a site for the construction,
•
•
• maintenance and operation of a Helicopter Pad and Terminal ,
parking facilities and related operations and carrying out
assembly and construction of pipes and equipment relating to the
Lessee 's business and shall be used for no other purpose or
purposes whatever.
2 . That the Lessee shall pay all rental herein reserved at the
time and in the manner in these Presents set forth , without any
abatement or deduction whatever.
3 . That the Lessee shall pay or cause to be paid all rates ,
taxes and assessments , of whatsoever description, that may at any
time during the existence of these Presents be imposed , or become
due and payable upon, or in respect of the said premises .
4 . That the Lessor, her servants or agents shall , at all times
and for all purposes , have full and free access to any and every
part of the said premises .
5 . That the Lessee shall not make any assignment of these
• Presents , nor any transfer or sub-lease of any of the lands ,
rights or privileges demised or leased hereunder, without
obtaining the prior consent in writing of the village to such
assignment , transfer or sub-lease.
6 . That the Lessee shall not, during the currency of this
lease , do suffer or permit to be done any act or thing which may
impair, damage or injure the said premises beyond the damage
occasioned by reasonable use , and shall , at the Lessee ' s own cost
and expense maintain and repair all portions of the said premises
which may at any time be damaged, other than in the reasonable
use thereof, the Village to be sole judge of the meaning of the
works "reasonable use" .
7 . That any improvements made to the said premises by the
Lessee at any time during the term of this lease , to make the
said premises suitable for the purpose referred to the Clause no .
1 hereof , shall be at the risk , cost and expense of the Lessee
and to the satisfaction of the Village .
41/
8 . That the Lessee shall not construct or erect any buildings
or other structures on the said premises without obtaining the
approval of the Regional Director, of plans showing the design
and nature of construction of such buildings or structures and
their proposed locations , and all such buildings or structures
shall be constructed, and thereafter maintained by and at the
cost and expense of the lessee, to the satisfaction of the
Village.
9 . That the Lessee shall not , at any time during the currency
of this Lease , do , cause or permit to be done, any act or thing
in or upon the said premises which shall , or may be, or might
become, an annoyance, nuisance or disturbance to the occupiers of
any lands or premises adjoining or in the vicinity of the said
• premises and_of which matters the Village shall be sole judge and
his decision thereon binding on the Lessee.
10 . That it is hereby declared, and this Lease is accepted by
the Lessee, upon the express condition that the Lessee shall have
no recourse against the lessor, should the Lessor ' s title to the
said premises be found to be defective, or should these Presents
prove ineffectual by reason of any defect in such title.
11 . That the Lessee shall not have any claim or demand against
the Lessor for loss , damage or injury of any nature whatsoever,
or howsoever caused to the said premises or to any person or
property , at any time brought , placed, made or being on the said
premises .
12 . That the Lessee shall at all times indemnify and save
harmless the Lessor from and against all claims and demands ,
loss , costs , damages , actions , suits or other proceedings by
whomsoever made, brought or prosecuted in any manner based upon ,
occasioned by or attributable to the execution of these Presents ,
• or any action taken or things done or maintained by virtue
hereof , or the exercise in any manner of rights arising
hereunder.
13 . That this Lease may be terminated at any time: -
(a) By the Lessee upon sixty days ' notice in writing, such
notice to be signed by the Lessee and delivered to or mailed
addressed to Clerk , The Corporation of the Village of Port
Burwell , 21 Pitt Street , Port Burwell , Ontario , NOJ 1T0
(b) By the Lessee if the said premises or any part thereof
should be required at any time during the currency of this lease
for any public purpose that in the opinion of the Village
constitutes an unforeseen emergency, upon sixty days ' notice in
writing , signed by or on behalf of the Village and either
delivered to the Lessee or any officer of the Lessee, or mailed
addressed to the last known place of business or office of the
Lessee,
and thereupon, after the expiration of such period of
•
notification , these Presents shall be determined and ended, and
the Lessee shall thereupon, and also in the event of the
determination of this lease in any other manner, except re-entry
under clause No . 14 hereof , forthwith remove from the said
premises all things at any time brought or placed thereon by the
Lessee and shall also to the satisfaction of the Village repair
all and every damage and injury occasioned to the said premises
by reason of such removal or in the performance thereof, but, the
Lessee shall not. , by reason of any action taken or things
performed or required under this clause be entitled to any
compensation whatever , provided that , unless required by the
Village, no goods , chattels , materials , effects or things shall
be removed from the said premises until all rent due or to become
• due under this Lease is fully paid. .
14 . That, notwithstanding anything in this Lease contained, if
the rent above reserved , or any part thereof, shall be in arrears
or unpaid, whether or not the same shall have been in any manner
demanded , or in case default , breach or non-observance be made or
suffered by the Lessee at any time or times , in , or in respect of
any of the covenants , provisions , conditions , and reservations
herein contained, which on the part of the Lessee ought to be
observed or performed, then , and in every such case provided such
non-payment of rent , default, breach or observance is not cured
within fifteen days from the day of notice thereof in writing
from the Lessor to the Lessee and signed by or on behalf of the
Village , the Lessee may terminate this Lease by giving to the
Lessee a notice in writing signed by or on behalf of the Village ,
and either delivered to the Lessee or any officer of the Lessee ,
mailed addressed to the last known place of business or office of
the Lessee , and thereupon after the delivery or mailing of such
written notification, this Lease shall be determined and ended,
and in that event, it shall be this Lease shall be determined and
• ended , and in that event, it shall be lawful for the Lessor , her
servants or agents , to re-enter and thereafter to have possess
and enjoy the said premises and all improvements thereon .
And no acceptance of rent subsequent to any breach or
default, other than non-payment of rent , nor any condoning ,
excusing or over looking by the Lessor on previous occasions of
breaches or defaults similar to that for which re-entry is made
shall be taken to operate as a waiver of this condition nor in
any way defeat or affect the rights of the Lessor hereunder .
15 . That this Lease is granted strictly subject to the right of
the Lessor and Lessees and Licenses of the Lessor to maintain and
operate services installed on the said premises at the date of
this Lease , and to the right of the Lessor and the Village to
grant leases or licences , as the case may be , at any times during
the currency of this lease , covering the right and privilege or
permission to install , lay, maintain and use services on, over or
across the said premises and the Lessee shall not , at any time
during the currency hereof, do anything or cause or permit
• anything to be done which will in any way interfere with the
rights and privilege or permissions thereby granted , provided
however , that such leases or licences will be granted subject to
this Lease and provided that the Lessees or Licences thereunder
shall not commence to exercise the rights and privileges or
permissions thereby granted unless and until the consent in
writing is first obtained from the Lessee, and which consent
shall not be unreasonably withheld.
16 . Provided always and that it is hereby agreed by and between
the paradise hereto that if the said Lessee shall hold over after
the expiration of the term hereby granted , and the Lessor shall
accept rent , the new tenancy thereby created shall be a tenancy
at will and not a tenancy from year to year , and the Lessee shall
•
•
pay as rent during the time of such occupancy a rental to be
determined at the discretion of the Lessor, and shall be subject
to the covenants and conditions herein contained so far as the
same are applicable to tenency at will .
17 . The Lessee shall in all respects abide by and comply with
all rules , regulations and by-laws of municipalities and other
governing bodies , in any manner affecting the said premises .
18 . That the Lessee shall not discharge , or cause or permit to
be discharged or howsoever to get into the waters of the said
premises any deleterious-material , noxious , contaminated or
poisonous substances , including oil , petroleum and petroleum
products , all as determined by the Lessor whose decision shall be
final , and if at any time and from time to time during the term
of this Lease or any renewal thereof, any pollution is caused to
waters of the said premises by reason or as a result of the
operations of the Lessee or Sub-Lessee or assignees of the
Lessee , as to all of which the Lessor shall be the sole judge ,
and his decision shall be final , the Lessee shall forthwith upon
11 receipt of a notice in writing from the Village undertake ,
prosecute without interruption and complete the work of removal
of such pollution material from the said water, at the cost and
expense of the Lessee and the satisfaction of the Lessor , and in
case the Lessee fails to carry out its obligations under this
clause to remove such pollution material from the said waters ,
the Lessor may cause such work to be undertaken prosecuted and
completed all at the cost of the Lessor work and all other costs
and expenses shall constitute a debt payable by the Lessee to the
Lessor.
19 . That the Lessee shall not place or deposit , or cause or
permit to be placed or deposited , any fill , sand , gravel ,
detritus , waste , debris or other materials , articles or things on
the said premises which may form a deposit thereon or therein
without the prior consent, in writing , of the Lessor.
20 . That the Lessee shall take all necessary precautions against
fire occurring in or on the said premises and all heating
equipment installed shall be subject to the approval of the Fire
10 Commissioner of Canada.
21 . That the Lessee shall , at the Lessee ' s own cost and expense ,
at all times during the currency or this Lease , keep the said
premises in a neat and tidy condition, removing or causing to be
removed therefrom all papers , refuse , litter, waste or rubbish
arising out of the operations of the lessee under this Lease , all
to the satisfaction of the Village.
22 . No member of the House of Commons shall be admitted to any
share or part of this agreement or to any benefit to arise
therefrom.
23 . That if this Lease has been secured by misrepresentation as
• ' •
• to any material fact, this Lease may be summarily cancelled by
the Lessor in the manner hereinbefore provided.
24 . That the Lessee shall , fulfill in all respects the
requirements of Part 1 of the Navigable Waters ' Protection Act ,
Chapter N-19 of the Revised Statues of Canada 1970 .
IN WITNESS WHEREOF the parties hereto have executed
these Presents the day and year first above written.
SIGNED, SEALED AND DELIVERED BY the Lessee : -
)UNDERWATER GAS DEVELOPERS LIMITED
1
)Lessee
)
. )Lessee Secretary
)
SIGNED, SEALED AND )
DELIVERED BY the Lessor: )
1
QL o e_
Witness Corpora f Vi olage of Port
Burwel
•
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10 ,/
BY-LAW 89,7,1-811
Being a by-law to appoint a
Plumbing Inspector
WHEREAS Council under Section 45( 1 ) of Ontario Water Resource Act
RSO 1980 , Chapter 361 may pass a by-law to appoint a Plumbing
Inspector.
WHEREAS Mr. Ken Everett has agreed to perform the related duties .
THEREFORE Council enacts that Mr. Ken Everett be appointed at a
rate of $12 . 00 per hour and automobile cost of 25 cents/km.
Mr . Everett to perform his duties as directed by by-law 89-01 and
from time to time .
This by-law-.mes into effect on date of passing.
MOVED : # �, , .�, SECONDED BY �i-�--" DATB 4)/y/se-i ('c
That -law : ' - be read a first time. Read and carried.
4111,
MOVED BY Are 'BCONDED : Or/ _ /', DATE 1 \•)1‘1 � .4.)
That by-law : ' 13 b: r adia second ime.�/ 'ead and carried. r /RcCv`)
1f
MOVED B Jam' , / ',i, S SECONDED BYA/. ,i /I, _ l
7 , DATE Ge b i y��sct
That by- 0.1.- 89� 3 be read a third ime. 'eading dispensed wi h,
finally passed.
i , D• C'--�L,P�'
The Corporation of
The Village of Port Burwell
PO Box 10
21 Pitt Street
Port Burwell, Ontario
By-Law 94-08
Being a Bylaw to renumber certain
By-laws in order to avoid numerical
duplication
Whereas Section 102 of the Municipal Act RSO 1990 c. M.45 provides that a council may pass
by-laws governing the operations of the municipality and
Whereas the numerical sequence of certain by-laws passed between 1945 and 1992 have used the
same numbers.
The Council of the Village of Port Burwell hereby deems it necessary to change the numbering of
the following by-laws as follows;
1. BY-LAW 86-08 being a Bylaw to Appoint a By-law Enforcement
Officer, shall be changed to BY-LAW 86-01. By-law 86-08 being a
by-law to set the Rates and Levies for 1986 shall remain.
2. BY-LAW 86-12 being a by-law to Designate the Old Baptist Church
as a Historical Building, shall be changed to BY-LAW 86-18. By-law
86-12 being a by-law to authorize the expropriation of Land shall
remain.
3. BY-LAW 86-14 being a by-law to appoint a Building Official, shall
be changed to BY-LAW 86-19. By-law 86-14 being a by-law to
Amend By-law 86-13, the Zoning By-law shall remain.
4. BY-LAW 230 being a by-law to Set the Rates and Levies for 1969,
shall be changed to BY-LAW 125. BY-LAW 230 being a by-law for
the Roads Expenditure shall remain.
1
5. BY-LAW 87-15 being a by-law for Licensing and the Regulation of
- Taxi Cabs, shall be changed to BY-LAW 87-27. By-law 87-15 being
a by-law to Authorize Offer to Settle shall remain.
6. BY-LAW 88-12 being a by-law to Grant Ownership of the Sewage
Works shall be changed to BY-LAW 88-25. By-law 88-12 being a
by-law to Allow Encroachment at22 Pitt Street shall remain.
. 7. BY-LAW 89-04 being a by-law to Authorize the Lease of Harbour
Lands with the Department of Fisheries and Oceans shall he changed
to BY-LAW 89-06. BY-LAW 89-04 being a by-law to Adopt an
Official Plan for the Village of Port Burwell shall remain.
8. BY-LAW 89-13 being a by-law to Appoint a Plumbing Inspector
shall be changed to BY-LAW 89-16. BYLAW 89-13 being a by-law
to set the Water and Sewer Rates shall remain.
9. BY-LAW 90-11 being a by-law to Appoint a Deputy Fire Chief shall
be changed to BY-LAW 90-19. By-Law 90-11 being a by-law to
Appoint a By-law Enforcement Officer shall remain.
2
•
•
This by-law read a : = and second time •'. 27th day of September 1994.
'di• /
dv-
omas Nesbitt, Reeve
L
.vi• '> ree, Administrator/Clerk-Treasurer
This by-law read a third time and finally passed this 27th day of September 1994.
":14/
T• •mas Nesbitt, Reeve
Davi .Free, Administrator/Clerk-Treasurer
3
•
THE CORPORATION OF THE VILLAGE PORT BURWELL
111
BY-LAW NO. 89-17
Being a by-law to enter into
an agreement with the Corporation
of Elgin for the purpose of extending
sanitary sewage main along all County
Road Allowance in the Village of Port
Burwell .
WHEREAS Section 208( 4 ) of the Municipal Act, RSO 1980 as amended,
empowers Councils to pass by-laws to enter into agreements with
adjoining municipalities pertaining to sewage works .
AND WHEREAS the Corporation of the Village of Port Burwell
requested the Corporation of the County of Elgin to grant to it
the right to enter upon, use, and occupy the highway of the
County for the purpose of constructing sanitary sewage mains to
extend service in the Village of Port Burwell .
` NOW THEREFORE the Council of. the Corporation of the Village of
Port Burwell enacts as follows ,
1 . THAT: The Reeve and Clerk be hereby empowered to execute the
Agreement between the Corporation of the County of Elgin, and the
Corporation of the Village of Port Burwell pertaining to the
construction of sanitary sewers in the Village of Port Burwell
area.
2 . THAT: This by-law shall come into full force and effect upon the
final passing thereof.
( al
MOVED BY '�I;YW A ECONDED BY .i - ...i�a DATE q
b -1i 9-17 be read a first - . Re- • an. carried. J
That y
MOVED : Al L`. AUK./ i
. SECONDED BY �v afifiL.I� , DATE q t 16".16"./. .
That •y- a 89-17 be read a , e:ond• time 7- • and di d 1�,
with. v •e�. C�n1POJ
if
MOVEDBY SECONDED B'i / . .. /�.�'. I ATE 7
-21 ._
That by-law 89-17 be read a thir. t /, Re ; ing di •'- n ' h,
finally passed.
Cindy Alli Reeve B ood V rt Clerk
•
COUNTY OF ELGIN
• By-Law No. 89-26
"A BY-LAW TO AUTHORIZE THE CORPORATION OF THE VILLAGE OF PORT BURWELL
(HEREINAFTER CALLED ' THE GRANTEE' AND WHICH TERM SHALL INCLUDE ITS
SUCCESSORS AND ASSIGNS) TO CONSTRUCT, USE AND OPERATE WORKS REQUIRED FOR
A SANITARY SEWERAGE SYSTEM IN THE COUNTY OF ELGIN (HEREINAFTER CALLED
'THE MUNICIPALITY' ) . "
WHEREAS the Grantee has requested the Corporation of the County
of Elgin to grant it a franchise or right of passing through the Munici-
pality for the purpose of constructing, using and operating lines and
works for a Sanitary Sewerage System in the Municipality; and
•
WHEREAS subject to the terms and conditions hereinafter set
forth, the Municipal Council of the Corporation of the County of Elgin
ills agreed to grant the said franchise.
BE IT THEREFORE ENACTED by the Municipal Council of the Corpo-
ration of the County of Elgin and IT IS HEREBY ENACTED as follows:
1. Full right , power, permission and consent are hereby granted,
conferred and assured unto the Corporation of the Village of Port Burwell,
its successors and assigns to enter upon, use and occupy the highways of
or under the jurisdiction of the Municipality to survey, construct, lay,
maintain, inspect, alter, repair, renew, remove, replace, reconstruct, use
and operate in, through, upon, under, along and across the same or any of
them a pipe line or pipe ] ines with any and all connections, apparatus,
appliances and attachments, including attachments for cathodic protection,
sewerage pumping stations and other works, necessary or incidental thereto
and to a Sanitary Sewerage System on a highway.
2. Such right or franchise shall be subject to all the terms and
conditions set out in an agreement to be entered into between the Munici-
pality and the Grantee in pursuance of this By-Law, which Agreement shall
be in the form hereunto attached.
3. The Warden and the Clerk of the said Municipality are hereby
ithorized and empowered to enter into and to execute on behalf of the
unicipality, the Agreement aforesaid and to affix the corporate seal
thereto.
4. This By-Law shall come into force and take effect immediately
after an Agreement in the form hereunto annexed shall have been executed
by all the parties thereto.
READ a first time this 17th day of May, 1989.
READ a second time this 17th day of May, 1989.
READ a third time and finally passed this 17th day of May, 1989.
as Z
G. C. Leverton, A. K. Ford,
Clerk, Warden.
I, G C. LEVERTON, CLERK OF THE CORPORA-
TION OF THE COUNTY OF ELGIN, DO HEREBY
CERTIFY THAT THE FOREGOING IS A TRUE
COPY OF {jY-L.AW.NO. 89 ak, PASSED BY
THE COUNCIL OF THE SAID CORPORATION ON
THE ....J.7.711.... DAY OF .CAI.,!9R9:.
>`TM✓
r
AGREEMENT made in duplicate this 20th day of June A.D. 1989.
E T W E E N :
THE CORPORATION OF THE COUNTY OF ELGIN
hereinafter called 'the Municipality'
OF THE FIRST PART
- and -
THE CORPORATION OF THE VILLAGE OF PORT BURWELL
hereinafter called 'the Grantee'
OF THE SECOND PART
WHEREAS the Grantee has requested the Municipality to grant to it
111
nd its successors and assigns, a franchise or right of passing through the
Municipality for the purpose of constructing, using and operating a line or
lines and works for a Sanitary Sewerage System within the Municipality; and
WHEREAS the Municipality has by By-Law passed on the 17th day of
May, A.D. , 1989, granted the said franchise from and after the execution of
this Agreement and has authorized and empowered the Warden and the Clerk of
the said Municipality to execute this Agreement and to affix the corporate
seal thereto.
NOW THEREFORE THIS INDENTURE made in consideration of the
premises and of the performance of the covenants and obligation hereinafter
•ontained on the part of the Grantee WITNESSETH as follows:
1. The Municipality does hereby grant, confer and assure unto the
Grantee its successors and assigns, full right, power, permission and
consent to enter upon, use and occupy the highways of or under the juris-
diction of the Municipality to survey, construct, lay, maintain, inspect,
alter, repair, renew, remove, replace, reconstruct, use and operate in,
through, upon, under, along and across the same or any of them, a pipe line
or pipe lines with any and all connections, apparatus, appliances and
attachments, including attachments for cathodic protection, sewerage pump-
ing stations, necessary or incidental thereto and to a Sanitary Sewerage
411,ystem within the Municipality.
- 2 -
2. All new (or renewal) mains, pipes, lines and other works
installed by the Grantee under this Agreement shall be constructed and laid
41,
accordance with good engineering and construction practices. Except in
case of emergency -
(a) no excavation, opening or work which will disturb or interfere
with the travelled surface of any highway shall be undertaken or
commenced by the Grantee without written notice to such officer
of the Municipality as may from time to time be appointed by the
Council of the Municipality for the purpose of general supervi-
sion over its highways (hereinafter referred to as "The said
officer of the Municipality" , which term shall include the
person acting in his stead in the event of his absence from
• duty) , such notice to be given at least forty-eight (48) hours
in advance of commencing such work unless otherwise agreed to by
the said officer of the Municipality, and
(b) before laying or installing any new (or renewal) mains, pipes,
lines and works, the Grantee shall first file with the said
officer of the Municipality a preliminary map or plan showing
what it proposes to lay or install and the proposed location
thereof and shall also check with and obtain the written
approval of the said officer of the Municipality as to such
proposed location.
Not later than March 31 of any year, the Grantee shall file with the
engineer of the Municipality, maps or plans showing the location and size
of all mains, pipes, lines and other works laid or installed by the Grantee
in the highways during its previous year.
3. In the event that the Municipality shall deem it expedient to
alter the construction of any highway or of any municipal drain, ditch,
bridge, culvert or other municipal works or improvements thereon or therein
and in the course thereof it shall become necessary to have the Grantee
make changes in its line or lines or works in order to facilitate the work
of the Municipality, then upon receipt of reasonable notice in writing from
the Engineer or other officer of the Municipality above-mentioned, speci-
"Ding the change desired, the Grantee shall at its own expense change its
line or lines or works at the point specified.
- 3 -
4. The Grantee shall construct, repair and replace any such line or
lines or other works with all reasonable expedition so that the highways
all not be torn up or obstructed for any unnecessary length of time and
upon the construction, repairing and replacing of any such line ,or lines or
works or the taking up of any of the same or the moving of any of the same
from place to place in a highway, the highway shall, with all reasonable
expedition, be restored to its proper level and graded and left in as safe
and good a state of repair as it was before it was entered upon or opened,
and to the satisfaction of the said Engineer or other officer of the
Municipality above-mentioned.
5. The Grantee shall and does hereby at all times indemnify and save
harmless the` Municipality from and against all loss, damage, injury or
Sense which the Municipality may bear, suffer or be put to by reason of
any damage to property or injury to persons caused by the construction,
repair, maintenance, removal or operation by the Grantee of any of its
mains, pipes, lines or works in the Municipality unless such loss, damage,
injury or expense is occasioned by Act of God or by the act, neglect or
default of some persons, firm or corporation other than the Grantee, its
servants, contractors, sub-contractors, agents or employees.
6. The rights and privileges hereby granted shall continue and
remain in force in perpetuity from the date hereof.
7. In this Agreement and in the By-Law above referred to,
(a) the word "highway" shall mean a common or public highway and
include a road, bridge and any other structure incidental
thereto, now or at any time during the term of this Agreement
under the jurisdiction of the Municipality.
(b) the word "Municipality" shall mean the County of Elgin as
presently constituted or as it may from time to time be
constituted during the term of this Agreement.
8. THIS AGREEMENT shall enure to the benefit of and be binding upon
the parties hereto, their successors and assigns and may be altered by
Agreement of both parties in writing.
de
• • - 4 -
IN WITNESS WHEREOF the parties have hereunto affixed their
respective corporate seals duly attested by the hands of their proper
41ligning officers in that behalf.
THE CORPORATION OF THE VILLAGE OF PORT BURWELL
r"
NA
Reeve
• Cl
THE CORPORATION OF THE COUNTY OF ELGIN
Warden
Clerk
THE CORPORATION OF THE VILLAGE OF PORT BURWELL
BY-LAW 89-18
Being a by-law to enter into an agreement
with Cablenet Ltd. to provide cable
television service in the Village of
Port Burwell .
WHEREAS Section 210 paragraph 111 , of the Municpal Act RSO 1980
as amended empowers Council to pass by-laws to enter into
agreements with Cable T.V. Companies .
AND WHEREAS Cablenet Ltd. 950 Syson Road, Burlington L7L 532
requested the Corperation of the Village of Port Burwell to grant
the right to provide cable T.V. service within the Village.
THEREFORE Council enacts as follows ;
1 . That the Reeve and Clerk are authorized to execute the attached
agreement marked appendix "A" between the Village and Cablenet.
(A . That this by-law shall come into effect and full force upon final
date of passing .
MOVED BY Air' c • S CONDED BY /// DATE ci Q g cl
That by-law 8' • : first tim. . 'ea• and o. : r ed. Lc„,c_Y, �d
MOVED BY ,e./. i/,./k SECONDED B i . , _ h/ . DATE • �L cc)t
That b aw 89 ": be ' read a sec.nd ti • . ' -ad and s . . .d�
with.
MOVED BY r/ ZCONDBD BY -DATE
read a third time. Reading dispense •
That by-law 89 18 be d t�
finally passed. �` {'✓�,
�eCJ� .
1/4411)74:/ %;)
•
`
•
Ag1'A ,• /,yam 9 -i8ecmcnt-01 Rural Cable System /%
AGREEMENT made in duplicate this 1st day of May A.D. 1989.
• BETWEEN:
01 RURAL TELEVISION CABLESYSTEMS INC
hereinafter referred to as the "Company"
and
THE CORPORATION OF TI IE VILLAGE OF PORT
BURWELL.
hereinafter referred to as the Village.
• WHEREAS the Company is engaged in providing communication services and
communication facilities and is proposing to operate a cable system in the Village of Port
Burwell.
AND WHEREAS in order to carry out its operations within the Village, the
Company foresees the necessity to construct and place equipment or parts thereof owned by
it (hereinafter called the "equipment") and to lay the same in,over, upon, along, under and
across the public highways, streets, walkways and lands of the Village (hereinafter call the
"public lands");
NOW TI IEREFORE TI IE COMPANY AND THE VILLAGE AGREE AS
• FOLLOWS:
1. The Village hereby grants to the Company the right to establish, operate and maintain
equipment owned by it on the public lands.
2. The Company agrees to, at all times, design, construct and configure its system in
such a manner as to minimize its impact in any area, either aesthetically or
environmentally, during the construction process and following its completion, to the
extent that in so doing it does not significantly compromise the technical integrity of
Agreement -01 Rural Cable System
the system and that the costs involved are reasonable. The Company agrees that it will
justify that it is operating in such a manner, from time to time, to, and at the request of
• Council.
3. The Company agrees that it shall cause to be filed with the Clerk of the Village of
Port Burwell. prior to construction, for their approval,
complete drawings and other material sufficient to show the location of all equipment
of the Company that may be herafter constructed by it on public lands and that upon
completion of the installation of equipment it will file drawings showing in detail the
completed installation. Where the proposed work involves relocaiton of existing plant,
or construciton of new plant in existing communities,except for minor adjustments the
Company shall report to the Village the results of consultation with property owners
required by Clause 7. If public objections exist, approval by the Clerk
shall be subject to the consent of the Council. These requirements apply to
new construction and rehabilitation of plant within the Community and do not apply to
• repair and maintenance of existing plant.
4. A) In the event that the Village requires the spontaneous removal and relocation of any
equipment, such removal and relocation shall be undertaken forthwith upon receipt of
ninety (90) days written notice (from the date of receipt by registered mail) by the
Company and shall be undertaken and completed by the Company at the expense of
the Company, provided that over the course of one fiscal year (Sept. 1 to Aug. 31)
such removal and relocation would not (in the opinion of the company) exceed
$7,000.00 (aproximatly 5% of construction costs) in total cost to the company.
B) In the case of larger projects where more planning and preparation is required, the
company agrees to be available to offer its input and cooperation at the earliest stages,
such that proper budgeting and engineering considerations can be accomodated. On all
projects where written notification of an intent to perform work the following fiscal
• year, resulting in the requirement for the removal and relocation of Company
equipment,Ilas been received by registered mail, the company
agrees to commence performance of such work within 90 days and to continue without
stop at the scheduled rate to completion.
C) In the event of the failure of the Company to undertake those removals and
relocations refered to (in "4 A" & "4 B") above, the Village may undertaken the same
and that Village shall not be liable for any damage of any nature and kind caused to the
Company or to its equipment by reason of such removal and relocation, and the
Company hereby undertakes to indemnify and save harmless the Village therefrom. It
Agreement-01 Rural Cable System
is, however, understood and agreed that the Village shall not require or effect any
relocation which would interfere with the service afforded by the Company to its
• customers except during the period of such removal and -relocations;
provided,however, that the Village will, where possible, conduct such removal and
relocation without interruption.
5. Any work to be carried out by the Company under this Agreement for which a permit
is required shall be carried out and completed at such reasonable time or times as the
Village may specify in the permit issued for the work and not otherwise, and all such
work shall be done in such a manner as not to cause any unnecessary nuisance or
damage.
6. In the event that the Company proposes to continue its work across a street or highway
under the jurisdiction of the Village or in the event that the work will continue across a
private access and the Council makes his opinion known during the
• construction approval process that such works can be constructed under the paved
portion of the said street or highway or private access, the company shall construct
such works under the paved portion, thereof by boring or other similar method.
7. When the Company is proposing the installation of equipment, either on public
highway or on easements located on private property, it undertakes to consult the
adjacent owners of property and to explain its proposals and intentions, with a view to
obtaining the maximum acceptance of such proposals and intentions. It will seek to
minimize disruption of private laneways or other facilities for any owner while it
carries out the rights hereby or otherwise conferred.
8. The Company undertakes and agrees that it will construct, operate and maintain its
equipment in accordance with all federal, provincial, local and municipal bylaws as
well as accepted industry safety standards and to the satisfaction of Coucil.
• 9. In the event it becomes necessary to break the surface of any public highway, street,
walkway or other lands of the Village, the Company shall repair and reinstate the
surface of such public highway, street, walkway or other public lands of the Village to
the same condition as it was before such work was undertaken by the company and
thereafter the Company shall, at its own expense, maintain that portion of the said
public highway, street, walkway or other lands by repairing any settling thereof to the
satisfaction of the Council. In the event that the Company shall fail to
repair, maintain, and reinstate the said public highways, streets, walkways or other
lands of the Village as aforesaid within ten (10) days of being notified by the Village,
Agreement-01 Rural Cable System
the Village may undertake the same and charge the costs thereof to the Company which
may be collected as if the said costs were arrears of taxes and the Village shall not be
• liable for any damage of any nature and kind caused the Company and its equipment
by reason of the work undertaken by the Village as aforesaid and the Company hereby
undertakes to indemnify and save harmless the Village therefrom.
10. In the course of constructing, maintaining and repairing equipement, the Company
shall take such steps as shall be required to protect and save harmless all equipment
installed by the Village or other utility in the said public highways, streets, walkways
or other lands of the Village.
11. The Company undertakes and agrees with the Village that it shall indemnify and save
the Village harmless from any claims, demands, causes of action and/or damages
which may be made by any person arising out of or connected in any way with the
operations or business of the Company under this Agreement, and for these purposes
• the Company will deposit with the Clerk of the Village and continue in force during the
currency of this Agreement, a policy of insurance, such policy to be in the amount of
$1,000,000.00 and to be for the purpose of public liability and property damage and to
be approved by the Villager's Solicitor.
12. This Agreement and all rights granted to the Company herein shall not be transferred,
assigned or otherwise disposed of without the consent of the Village, provided that
such consent shall not be unreasonably withheld.
13. In the event of the Company becoming bankrupt, insolvent, or making a voluntary
assignment, the Village shall forthwith have the right to terminate this Agreement.
14. This Agreement and the rights granted herein shall be for a period of five (5) years
calculated from the 1st day of May, A.D., 1989.
• 15. In the event of the termination of this Agreement, the Company shall have six(6)
months thereafter to remove its equipment from the public lands at its own expense.
In the event that the Company shall fail to remove its equipment as aforesaid, then the
Village may remove and sell the said equipment and in that event that Company shall
be entitled to the proceeds of such sale less any costs or expenses incurred by the
Village in connection with such removal and sale.
16. It is understood and agreed by the Village and the Company that the Company shall
obtain all the authorizations required by law from the appropriate regulatory authorities
Agreement-01 Rural Cable System
to carry on the business of the Company before commencing any operations
contemplated in this Agreement.
17. The Company shall comply with all reasonable restrictive area by-laws in effect in the
Village pertaining to those lands where the equipment of the Company is situated
during the currency of this Agreement.
18. The Company undertakes and agrees with the Village that it shall at the requirest of the
Council from time to time, submit such information as may be required
by the said Council and the Public Utilities Works Superintendent to
Council and the Public Utilities Works Superintendent
the work contemplated by the Company and the areas of the Village in which it plans
to undertake its construction from time to time.
19. In the event of any dispute or disagreement between the parties hereto as to the
• meaning or interpretation of anything herein contained or as to the performance or
non-performance by either of such parties of any of the provisions hereof or as to the
respective rights and obligations of the parties hereto hereunder, either of such parties
may refer such dispute or disagreement to arbitration under the provisions of
sub-paragraph (2).
(2) Whenever The Municipal Arbitrations Act (R.S.O. 1980, Chapter 304) shall
extend and apply to the agreement any reference to arbitration pursuant
to the provisions of sub-paragraph (1) hereof shall be to the Official Arbitrator
appointed under that Act and shall be governed by the provisions of that Act. At any
other time the procedure upon an arbitration pursuant to the provisions of the said
sub-paragraph shall be as follows:
Within twenty (20) days after the written request of either of the
• parties hereto for arbitration, each of them shall appoint one arbitrator
and the two so appointed, shall within twenty (20) days after the
expiring of such twenty day period select a third. In case either of the
parties hereto fail to name an arbitrator within twenty (20)days after the
written request for arbitration, the arbitrator appointed shall be the only
arbitrator. In case the two arbitrators so appointed are unable to agree
on a third arbitrator within twenty (20) days after the expiry of the first
twenty day period above mentioned, application shall be made as soon
as reasonably possible to a Senior Judge of the County Court for the
appointment of such third arbitrator. The arbitrator or arbitrators so
Agreement-01 Rural Cable System
appointed shall have the powers accorded arbitrators by The Arbitration
Act (R.S.). 1980, Chapter 304) as from time to time amended or any
• Act in substitution therefor. The decision of the said arbitrator or
artibrators (or of a majority of such arbitrators) shall be final and
binding on the parties hereto.
21. On or before February 1, 1989 the Company shall at the request of the Reeve deliver
to the Village a Certificate stating (i) the number of its cable television subscribers
within the Village ("Cable Subscribers") of Port Burwell
and (ii) the number of such subscribers who also subscribe to services not included in
the general subscriber fee for basic service from the Company
for which the Company receives some further remineration for the provision of such
service such as, but not limited to, T.S.N. (Sports Network), Muchmusic, and Pay
T.V. ("Additional Service to Subscribers").
• 22. The Company agrees that it is desireable not to utilize any overhead distribution system
where underground wiring is now or hereafter may be installed.
23. Payment (Deleted : Not Applicable)
24. In the event that legislation should be enacted by the Parliament of Canada or by the
Legislature of Ontario during the term of this Agreement, which validly may give a
right to either party to seek a change in any particular in the provisions of this
Agreement or especially substituting a technique of calculating the amounts payable to
the Village by the Company for the rights and privileges hereby granted, this
Agreement shall be amended forthwith to reflect the alterations necessary to give effect
to such legislative enactments.
• 25. This Agreement shall enure to the benefit of and be binding upon the parties hereto,
their successors and assigns, subject to the terms hereof.
• Agreement-01 Rural Cable Systcm
• IN WITNESS WHEREOF the Company has hereunto affixed its corporate seal under the
_ hands of its proper signing officers in that behalf, and the Village has hereunto affixed its
corporate seal under the hands of its Reeve and Clerk.
SIGNED, SEALED ) 01 RURAL CABLE SYSTEM
AND DELIVERED )
) per:
)
)
) per: 1�� -
REEVE
) CLERK •
THE MUNICIPALITY OF VILLAGE OF PORT BURWELL
:9
Meeting . . 7 ,19..(.�j..9
MovedBy .._..... ...._.._ Z_............._
That leave be granted to introduce By-law to
Seconded By ._-__..( ._....../ A
9k
.___.-7- •\, ,,,I., (,...--toS “vim C - .Tc_dr ,a k
-60 /0---,-,4-4,0--c-1- 64,v-ele, -----Cr- c.,-y-c-4---i---."--, eff1-1. 6:52:71 i
62-krii, '- (-( Ce."4:
i:41 - et'416-IrC ' 1-
'`OCI " , B9-24 I 1
11111
and that Bylaw presented herewith be read a first time. /
By-law read a .. ---
`._.. time 3+-1 9A5 G
�C._A(.I E „ 3.116.. a..,e) tier .e?
Moved BK44.,
That By-law
now read a first time be read a
/yy� second time forthwith.
seconded By . /i - - —- - a._%cf/6
By-law read a .c= 4 ---- time _cA-1/v " 4 �, cJ e .
mA°.d By ___..041-
- �' - - - That By-law now read a second time be read
s /��il�.� a third time forthwith.
Seconded By - - • - ; (4 CIA a-
By-law read a .— — ------__--time ` �
6.xvkec ,` t- ree, ..
Moved - - That ' - -w now read a third time do pass,
.. engrossed by the Clerk, and signed and
Seconded By _-.--. - - . ed b ` +..•-
THIS AGREEMENT made, in duplicate, the 9th day
110
of May, 1989.
BETWEEN:
1 '!'HE 00RP'OR7ITI0E OF TBE VILLAGE OF PORT BDllNII.i.
Hereinafter called the "VILLAGE"
f and
, EDWARD JEDHIAX
Hereinafter called the "OWNER"
i
1
•
WB3DtEAS the owner has agreed to sell Part Lot'
11, Concession 1, Part 2 on Reference Plan 11R-3651, for
111 the Township of Bayham, Village of Port Burwell, in the
County of Elgin.
AND WHEREAS the County of Elgin has concerns
� h
1 about development and in particular drainage and entrances
to the property.
11
AND WHEREAS all the lands are located within
the Village of Port Burwell and front on Elgin Road 42.
AND WHEREAS it is proposed to subdivide the lands
41
I1 pursuant toa plan lan of subdivision.
liIN CONSIDERATION of the County of Elgin removing
its condition on severance number 176/98 for Elgin County
I
1 the parties hereto agree as follows:
1. That that Part of Lot 11, Concession 1, Part
2 on Reference Plan 11R-3651, Bayham Township, Village
of Port Burwell, Elgin County (hereinafter called the lands)
be designated a site plan control area pursuant to s. 40(2)
of the Planning Act, R.S.O. 1980.
- 2 -
2. That the Owner shall not undertake any development
work or entrances to the lands until a subdivision agreement
is concluded with the Village and the requirements of the
County of Elgin satisfied and registered on title to the
lands.
3. That prior to undertaking any development work
or entrances to the lands the Owner shall post a bond with
the Village of Port Burwell to guarantee the performance
111 of the Owner's obligations under the subdivision agreement
with the Village.
4. The parties agree the County of Elgin shall have
the right to review the amount of the bond posted to
guarantee performance of the Owner's obligations in the
subdivision agreement, to ensure the County of Elgin
interests are protected. If the County decides the bond
is insufficient to protect its interests the bond shall
be increased to an amount the County of Elgin determines
• is sufficient.
5. The parties hereto agree that this agreement
and the site plan control by-law shall be registered on
title to the lands.
6. As assurance to the County of Elgin that the
Owner will satisfy the requirements of the County of Elgin
the Owner will at the time of execution of this Agreement
deposit FIVE THOUSAND ($5,000.00) Dollars in certified
funds with the County of Elgin to be held as surety for
1110
the satisfaction of the County of Elgin's requirements.
f .
• - 2 -
2. That the Owner shall not undertake any development
work or entrances to the lands until a subdivision agreement
is concluded with the Village and the requirements of the
County of Elgin satisfied and registered on title to the
lands.
3. That prior to undertaking any development work
or entrances to the lands the Owner shall post a bond with
the Village of Port Burwell to guarantee the performance
4111 of the Owner's obligations under the subdivision agreement
with the Village.
4. The parties agree the County of Elgin shall have
the right to review the amount of the bond posted to
guarantee performance of the Owner's obligations in the
subdivision agreement, to ensure the County of Elgin
interests are protected. If the County decides the bond
is insufficient to protect its interests the bond shall
be increased to an amount the County of Elgin determines
• is sufficient.
5. The parties hereto agree that this agreement
and the site plan control by-law shall be registered on
title to the lands.
6. As assurance to the County of Elgin that the
Owner will satisfy the requirements of the County of Elgin
the Owner will at the time of execution of this Agreement
deposit FIVE THOUSAND ($5,000.00) Dollars in certified
funds with the County of Elgin to be held as surety for
411
the satisfaction of the County of Elgin's requirements.
I
• - 2 -
2. That the Owner shall not undertake any development
0
work or entrances to the lands until a subdivision agreement
is concluded with the Village and the requirements of the
County of Elgin satisfied and registered on title to the
lands.
3. That prior to undertaking any development work
or entrances to the lands the Owner shall post a bond with
the Village of Port Burwell to guarantee the performance
111 of the Owner's obligations under the subdivision agreement
with the village.
4. The parties agree the County of Elgin shall have
the right to review the amount of the bond posted to
guarantee performance of the Owner's obligations in the
subdivision agreement, to ensure the County of Elgin
interests are protected. If the County decides the bond
is insufficient to protect its interests the bond shall
be increased to an amount the County of Elgin determines
• is sufficient.
5. The parties hereto agree that this agreement
and the site plan control by-law shall be registered on
title to the lands.
6. As assurance to the County of Elgin that the
Owner will satisfy the requirements of the County of Elgin
the Owner will at the time of execution of this Agreement
deposit FIVE THOUSAND ($5,000.00) Dollars in certified
funds with the County of Elgin to be held as surety for
• the satisfaction of the County of Elgin's requirements.
• `
- 3 -
7. This agreement shall be binding on and shall
enure to the benefit of the parties hereto and their
respective heirs, executors, administrators, successors
and assigns.
IN WITNESS WHEREOF the parties hereto have set
their hands and seals and the Corporation has caused to
be affixed hereto its corporate seal attested by its officers
in that behalf duly authorized.
SIGNED, SEALED AND DELIVERED )
) THE CORPORATION OF THE VILLAGE OF
in the presence of ) PORT BURWELL
)
) Per:
Per:
�1L.
.c ✓`
) Edward Jedriak
•
)
• )
- 2 - jl
1
f �1 p
1l
i, a
2. That the Owner shall not undertake any development 1
I
work or entrances to the lands until a subdivision agreement Ii
'I
is concluded with the Village and registered on title toII
the lands. d
'1
3. That prior to undertaking any development work. 11
I
or entrpces to the lands the Owner shall post a bond with
I � .
the Village of Port Burwell to guarantee the performance
I1
of the Owner's obligations under the subdivision agreement
AI/ 1
with the Village. I
I
�l 4. The parties agree the County of Elgin shall have
; I the right to review the amount of the bond posted to
fill
guarantee performance of the Owner's obligations in the 1
subdivision agreement, to ensure the County of Elgin
1,
interests are protected. If the County decides the bond
11
r. is insufficient to protect its interests the bond shall ;!
I'
f
be increased to an amount the County of Elgin determines j
I
I' is sufficient.
;!
•
5. The parties hereto agree that this agreement
and the site plan control by-law shall be registered on '
II
title to the lands.
1
6. This agreement shall be binding on and shall d
li
II ( enure to the benefit of the parties hereto and theirii
respective heirs, executors, administrators, successors
I. lid
and assigns.
d
!I
r1/1 -I II WITNESS NOIREOP the parties hereto have set
1 their hands and seals and the Corporation has caused to
`:
i+ II be affixed hereto its corporate seal attested by its officers
r1
r
i
0
. - 2 -
2. That the Owner shall not undertake any development
work or entrances to the lands until a subdivision agreement
is concluded with the Village and registered on title to
the lands.
3. That prior to undertaking any development work
or erifrances to the lands the Owner shall post a bond with
•
the Village of Port Burwell to guarantee the performance
of the Owner's obligations under the subdivision agreement
41!
with the Village.
II 4. The parties agree the County of Elgin shall have
the right to review the amount of the bond posted to
guarantee performance of the Owner's obligations in the
subdivision agreement, toensure the County of Elgin
interests are protected. If the County decides the bond
is insufficient to protect its interests the bond shall
be increased to an amount the County of Elgin determines
• is sufficient.
li
II 5. The parties hereto agree that this agreement
and the site plan control by-law shall be registered on
title to the lands.
it
ry 6. This agreement shall be binding on and shall
enure to the benefit of the parties hereto and their
respective heirs, executors, administrators, successors
i' and assigns.
111 I• WITMESS UBERBOF the parties hereto have set
their hands and seals and the Corporation has caused to
•
be affixed hereto its corporate seal attested by its officers
• - 2 -
2. That the Owner shall not undertake any development
work or entrances to the lands until a subdivision agreement
is concluded with the Village and the requirements of the
County of Elgin satisfied and registered on title to the
lands.
3. That prior to undertaking any development work
or entrances to the lands the Owner shall post a bond with
the Village of Port Burwell to guarantee the performance
1111 of the Owner's obligations under the subdivision agreement
with the Village.
4. The parties agree the County of Elgin shall have
the right to review the amount of the bond posted to
guarantee performance of the Owner's obligations in the
subdivision agreement, to ensure the County of Elgin
interests are protected. If the County decides the bond
is insufficient to protect its interests the bond shall
be increased to an amount the County of Elgin determines
is sufficient.
5. The parties hereto agree that this agreement
and the site plan control by-law shall be registered on
title to the lands.
6. As assurance to the County of Elgin that the
Owner will satisfy the requirements of the County of Elgin
the Owner will at the time of execution of this Agreement
deposit FIVE THOUSAND ($5,000.00) Dollars in certified
funds with the County of Elgin to be held as surety for
the satisfaction of the County of Elgin's requirements.
• - 2 -
2. That the Owner shall not undertake any development
work or entrances to the lands until a subdivision agreement
is concluded with the Village and the requirements of the
County of Elgin satisfied and registered on title to the
lands.
3. That prior to undertaking any development work
or entrances to the lands the Owner shall post a bond with
the Village of Port Burwell to guarantee the performance
. of the Owner's obligations under the subdivision agreement
with the Village.
4. The parties agree the County of Elgin shall have
the right to review the amount of the bond posted to
guarantee performance of the Owner's obligations in the
subdivision agreement, to ensure the County of Elgin
interests are protected. If the County decides the bond
is insufficient to protect its interests the bond shall
be increased to an amount the County of Elgin determines
• is sufficient.
5. The parties hereto agree that this agreement
and the site plan control by-law shall be registered on
title to the lands.
6. As assurance to the County of Elgin that the
Owner will satisfy the requirements of the County of Elgin
the Owner will at the time of execution of this Agreement
deposit FIVE THOUSAND ($5,000.00) Dollars in certified
funds with the County of Elgin to be held as surety for
• the satisfaction of the County of Elgin's requirements.
IY
THIS AGREEMENT made, in duplicate, the 9th day
• of May, 1989.
BETWEE N: �p
THE CORPORATION OP THE VILLAGE OP PORT BURWELL
Hereinafter called the "VILLAGE"
and
EDWARD JEDRIAA
Hereinafter called the "OWNER"
II
WHEREAS the owner has agreed to sell Pert Lot
11, Concession 1, Part 2 on Reference Plan 11R-3651, for
• the Township of Bayham, Village of Port Burwell, in the
County of Elgin.
I �
AND WHEREAS the County of Elgin has concerns
about development and in particular drainage and entrances
to the property.
AND NHEREA8 all the lands are located within
the Village of Port Burwell and front on Elgin Road 42.
• AND WHEREAS it is proposed to subdivide the lands
pursuant to a plan of subdivision.
IN CONSIDERATION of the County of Elgin removing
its condition on severance number 176/98 for Elgin County
the parties hereto agree as follows:
1. That that Part of Lot 11, Concession 1, Part
2 on Reference Plan 11R-3651, Bayham Township, Village
of Port Burwell, Elgin County (hereinafter called the lands)
be designated a site plan control area pursuant to s. 40(2)
of the Planning Act, R.S.O. 1980.
• - 2 -
It
�!
2. That the Owner shall not undertake any development
work or entrances to the lands until a subdivision agreement
is concluded with the Village and registered on title to
i
the lands.
3. That prior to undertaking any development work
or entrances to the lands the Owner shall post a bond with •
it i
the Village of Port Burwell to guarantee the performance
ii •
It
of the Owner's obligations under the subdivision agreement
with the Village.
II
4. The parties agree the County of Elgin shall have
the right to review the amount of the bond posted to
guarantee performance of the Owner's obligations in the
subdivision agreement, to ensure the County of Elgin
interests are protected. If the County decides the bond
is insufficient to protect its interests the bond shall
be increased to an amount the County of Elgin determines
• is sufficient.
5. The parties hereto agree that this agreement
and the site plan control by-law shall be registered on
title to the lands.
6. This agreement shall be binding on and shall
enure to the benefit of the parties hereto and their
respective heirs, executors, administrators, successors
and assigns. t�t
ti
it
SIN WITNESS MHffitEOP the parties hereto have set ,!
their hands and seals and the Corporation has caused to
be affixed hereto its corporate seal attested by its officers • �i
PAP
•
• '1
0
in that-behalf duly authorized.
SIGNED• SEALED AND DELIVERED )
in the presence of ) THE CORPORATION OF THE VILLAGE OF
PORT BURWELL
)
) . ���► (/$21(-444-1)
Per:
) //.A/. ....k II
Per: (/ /
)
)
•Edward Jedriak 1
as to the signature of )
Edward Jedriak )
II it
} �i
•
•
I j ii
II
Ii
� r
II •
• DATED: M 9th, 1989
TBE CORPORATION OF TBE VILLAGE OF
PORT BURWELL
- and -
EDWARD JEDRIAE
AGREEMENT
DOYLE & PRENDERGAST
Barristers & Solicitors
10 Sydenham1Street East
Aylmer , Ontario N5H 1L2
DJP/vcc
R 9078/89
The Corporation of
- — The Village of Port Burwell
PO Box 10
21 Pitt Street
Port Burwell, Ontario
By-Law 94-35
Being a Bylaw to renumber certain
By-laws in order to avoid numerical
duplication
Whereas Section 102 of the Municipal Act RSO 1990 c. M.45 provides that a council may pass
by-laws governing the operations of the municipality and
Whereas the numerical sequence of certain by-laws passed between 1945 and 1992 have used the
same numbers.
The Council of the Village of Port Burwell hereby deems it necessary to change the numbering of
the following by-laws as follows;
1. BY-LAW 91-22, being a by-law to Amend the Official Plan, shall be
changed to BY-LAW 91-17. By-law 91-22 being a by-law to regulate
the use of land and to amend By-Law 91-03, shall remain.
2. BY-LAW 89-20, being a by-law to Enter into an Agreement with Ed Jedriak,
shall be changed to BY-LAW 89-19. By-law 89-20 being a by-law to enter
into an agreement with Gordon Craig, shall remain.
1
This by-law read a first and second time this 25th clay of October, 1994.
i
i / 7
ThornaNeshitt, Reeve
t.--
L
David R. ree, Administrator/Clerk-Treasurer
This by-law read a third time and finally passed this 25th day of October, 1994.
AtelA#"' . ,..
Thom.: esbitt, Reeve
i
I)ac . •ree, Administrator/Clerk-Treasurer
/vi
2
-
' THE MUNICIPALITY OF VILLAGE OF PORT BURWELL
el k a w # e9-Zn 15•1•07 a ay/a To 64*r
frefeete W i arum, i• 461161146116111
troy 1 wlt' ?'IK avno. T.
Meeting /14 i y1!a ..al ,19 89
1
Qu rib or l t t tt,e If k uG. Jr Cil re s/ et a A w 1 ii cc.��., •41
�
w irk m P. co pd o h Cr-a f 0lel S t /N. rr 1r) • ?X t- « re9 a,ea7�
, I
11114.4"1114.4" I'D (-rd. A att4c4ed forms fowl-
of T� s 4)11" •
PP
y1 -71 .. S f3 /a w 'I'. CaL o •n ;w1io c rrc et o f •* f«s r; .
and that Bylaw presented herewith be read a first time.
By-law read a time
Moved 13721-,4
That By-law now read a first time be read a
second time forthwith.
Seconded By .._._.__ _____.... t
Bylaw road a __._..------. _._.._ time
Moved By ____ ---.:91/L*(._-.-_.-
That By-law now read a second time be read
pr
a third time forthwith.
Seconded By �� __�._.- - - - _. _. k { t (�
By-law read a __ tim ofiVit t( \ f\0.� 11 f.C�'� r
Moved By .6.&l '.._ ' That By-law now read a third time do pass,
be engrossed by the Clerk, and signed and
Seconded ..-.. _ .442t-
.• ---------
sealed by the Reeve.
' THIS SUB-LEASE AGREEMENT made the 2nd day of May,
1989.
BETWEE411
411/
N:
STHE CORPORATION OF THE VILLAGE OF PORT BURWELL
hereinafter called the "Lessor"
- and -
PORT BURWELL FISH CO. LTD.
hereinafter called the "Lessee"
WHEREAS:
By a lease dated the first day of October, 1988, (Herein
called the—"Lease" ) 345990 Ontario Limited, 2 St. Clair
Avenue West, Suite 1000, Toronto, Ontario, the landlord
named therein, leased to the Lessor the premises (herein
called the "Premises" ) known as vacant land at part 7, 8,
9 on Plan 11R-990 Village of Port Burwell, for the County
of Elgin (No._41 ) , more particularly described in the lease
for a term of--'years from October 1st, 1988 at a rent
of $1 ,000.00 per year and subject to the terms and conditions
set out therein;
The Lessee herein has requested the Lessor herein to
lease the said premises to him:
NOW THEREFORE:
1 . In consideration of $ 1.00 paid by the Lessee to the
Lessor (the receipt of which is hereby acknowledged) , the
Lessor as beneficial owner hereby leases to the Lessee the
Lessor's interest in the Premises together with the unexpired
residue of the term of the Lease, and all benefits to be
derived from it subject to the payment of the rent and the
it
observance and performance of the covenants, provisos, and
conditions on the part of the tenant contained in the Lease.
2. The Lessor covenants with the Lessee that the Lease
is a valid and subsisting lease and that the rent reserved
thereby has been duly paid to the first day of October,
1989.
The Lessee covenants with the Lessor that the Lessee
shall throughout the residue of the term, pay the rent reserved
at the times and in the manner provided in this sub-lease •
and observe and perform the covenants, provisos and conditions
on the part of the tenant contained in the Lease and in
this Assigment and shall indemnify the Lessor from all actions,
suits, costs, losses, damages and expenses in respect of
the covenants, conditions and agreements.
4. The Lessee shall maintain maintain and pay for insurance
as required in Schedule "A" of the Lease, a copy of which _
is annexed hereto and adopted as part of this Sub-lease
q
by the parties.
5. The Lessor leases its interests in the said Lease on
the same terms and conditions as are contained in the Lease
attached hereto as Schedule "A" with the following exceptions
and variations:
Le SSE1
(a) The 'ZiMMIgf shall pay yearly rent, in advance,
in the sum of $1,000.00 on July 1st of each and every
year during the term of the lease, commencing July 1
1st, 1989;
(b) The Lessee at all times shall maintain the parking
lot area and boat launching dock in a good and safe
411
condition and shall also provide waste recepticles
and remove all waste and garbage as required to maintain
and keep the leased site clean;
(d) The Lessee shall pay the Lessor ( 20%) TWENTY PERCENT
of "gross proceeds from the boat launching operation."
The Lessee shall be at liberty to fix the price charged
for each boat launch in connection with the boat launching
operation. The "gross proceeds from the boat launching
operation" as used herein means the sum of prices ollectedif
(.4#4,6^ 1.r.
by the Lessee or his agents for the use of the b t
411 launching dock and the parking area. Such sums shall
not include any proceeds received by the Lessee in
connection with any retail business conducted by him
or his agents on the site. The Lessee shall pay to
the Lessor its share of the "gross proceeds from the
boat launching operation" by monthly instalments due
and payable ten days after the last day of each month.
(d) In addition the Lessee shall also pay the Lessor
$0.60 per boat launched from the boat launching ramp,
such sum to be collected by the Lessor on behalf of
the Small Craft Harbour Commission.Such sum to be•
due and payable ten days after the last day of each
month for which said sum has been collected by the
Lessee.
6. The parties agree that Schedule "1", the Lease, attached
hereto forms part of this Sub-lease Agreement.
IN WITNESS HEREOF the parties have set their hands and seals.
SIGNED, SEALED AND DELIVERED
in the presence of
The Corporation of the
Village of Port Burwell
Port Burwell Fish Co.
Ltd.
' SCHEDULE 01" i r W). I •(,4�4-C
•NY LN,L*74 OR La `�( vNIT•v•rw►►,w,t11Y CO a TWO,LIVIAL►onw OUT.•ttt 1 r•PRODUCTS N•RIvf,•CARRPIROUGIN
`tw�c
{ttvnco Ia.)
Z! IjüTbiE4l.ra� c
•
made the First day of October
one thousand nine hundred end eighty-eighty
In pursuance of the Short Forms of Leases Act
jfttureli
345990 ONTARIO LIMITED
2 St. Clair Ave. , W.
Suite 1000 •
Toronto, Ontario
Att: M. Simmonds herein called the "Lessor,"
of the First Part
•
and
the Corporation of the Village of Port Burwell
21 Pitt Street
Port Burwell, Ontario
NOJ 1 TO
herein called the "Lessee"
of the Second Part
WITNESSETH, that in consideration of the rents, covenants and agreements hereinafter
reserved and contained un the part otf the Lessee, the Lessor doth demise and lease unto
the Lessee, his executors,vacant lana atPal>t�g /sI aU th immunize rio r It`ptrrgpt}ualt-
uale,lying and being P L U+ on i i K 77
• Village of Port Burwell, deposited in the registry office
for the County of Elgin (No. 11 ): Less presently leased
to Port Dover Fish Company.
Approximately 3 acres bounded by Pitt Street on the south,
Big Otter Creek on the west and C.P.R. property on the
east.
•
I'..It No.-i) THE Lessee covenants that he will not do or permit to he (lone any act or thing which
Par
re Luau may make void or voidable any insurance upon any building, or part thereof, upon the
said premises, or which may cause any increased or additional premium to he payable
for any such tncnrance.
THE Lessee shall not allow any ashes. refuse, garbage or other loose or objectionable
material to accumulate in or about the building. yards or passages of the said premises,
• and will at all times keep the said premiies in clean and wholesome condition, rt !hM>!,
treisyy rtrhesie w**irN+*-floors, windows
THF, Lessee covenants that he will keep the sidewalks in front and at the sides of the said
premises free of snow and ice; and that the Lessee shall not, during the said term, injure
or remove any shade trees.shrubbery,hedges or other tree nr plant which nnav he in,upon
or about the said premises, and that he will keep in good condition file boulevard and
other sodded spaces about the said premises.
PROVISO for re-entry by the said Lessor on non-payment of rent or non-performance of
covenants.
PROVIDED also that in the case of a seizure or forfeiture of the said term for any of the
causes herein set forth, the Lessor shall have the same right of re-entry as is given under
the next preceding proviso.
PROVIDED that notwithstanding anything herein contained the Lessor's right of re-
entry hereunder for non-payment of rent or non performance of covenants shall become
exercisable immediately upon default being made.
THE said Lessor covenants with the said Lessee for quiet enjoyment.
IN conetderation of the foregoing and of the leasing and letting by the Lessor to the
Lessee of the premises hereby demised for the term hereby granted (and it is upon that
express understanding that this indenture is entered Into), the Lessee hereby covenants
411 and agrees with the lessor that notwithstanding anything In Section 30 of Chapter 232
of the Revised Statutes of Ontario 1980. nr in any other section of the said Act, or in any
other Act now in force or which may hereafter he passed, none of the goods or chattels of
the Lessee on the said premises at any time during the continuance of the said term shall
be exempt from levy by distress for rent in arrear by the Lessee as provided for by any Act
above referred to, and that upon any claim tieing made for such exemption by the Lessee,
or on distress being made by the Lessor, this covenant and agreement may he pleaded as
an estoppel against the Lessee In any action brought to test the right to the levying upon
any such goods as are named as exempted in any Act above referred to, the Lessee waiving,
as he hereby does, all and every benefit that could or might have accrued to him under
and by virtue of any such Act but for the above covenant.
AND it is hereby agreed between the parties hereto that should the Lessee remain to
possession of the said premises after the determination of the term hereby granted,
without other special agreement, it shall be as a monthly tenant only, at a rental of
II 100.00 per month, payable in advance on the first day of every
month, and subject in other respects to the terms of this lease.
'P frreIlltiwheretl3'r rrkflbwtedar+ —-ite7eerf-bh -a*M-premise*,
wl,irb ill aaieesty
Schedule "A" attached hereto forms part of this lease.
IT IS agreed between the parties hereto that every covenant, proviso and agreement
herein contained shall enure to the benefit of and be binding upon the parties hereto, and
their heirs, executors. administrators, successors and assigns, and that all covenants
herein contained shall be construed as beingoint and several, and that when the context
so requires or permita the singular number shall he rend as if the plural were expressed.
and the masculine gender as if the feminine or neuter,as the case may be,were expressed.
In '1i111ltncee tUberfof the parties hereto have hereunto set, their hands and seals
%ignfr. cale8 ant) IDellvercD
in the presence of
34599 ritario Limited
zee_a_ ,;.i�.
(iCtAts9
b'B- 1 e
' The Corporation of the Village of
Port Burwell
•
(.pen Nu r0-
Nit d TO HAVE AND Tte-.FOLD the said demised premises for and during the term of three
S,grr and Iluva
tram years to be computed from the first d��yof October
Masi mini
one thousand nine hundred ande igh t yy-eightyy and from thenceforth next ensuing
and fully to be complete and ended, September 30, 199 1
• YIELDING ANI) PAYING therefor yearly and evere year during the sail term unto the
'olid Lessor the sum of
One Thousand - - - - -- dollars,
to be payable on the following clays and times, that is to say:
October 1 , 1988 , October 1 , 1989 , October 1 , 1990
the first of such payments to become due and be made on the first
day of October next, and the last payment to become due and
be paid in advance on the first day of October 1990
TIIR Lessee covenente that he will not do or permit to be done on the ;aid prentlees
anything__which may be annoying to the Lessor, or which the Lessor may Item to be a
nuisance, and that the Les..ce will time arid occupy the said premises as a shop or store
and private dwelling house only, and will not carry on or permit to be carried on therein
any trade or business other than that of
I Parking lot, fish cleaning station, tackle b bait sales,
mobile chip wagon
AND the said Lessee covenants with the said Lessor to pay rent; and to pay taxes,
including local improvements; and to pay water rates; and to repair, reasonable weer and
tear and damage by tire, lightning and tempest only excepted; alai to heep ep fences; and
not to cut down timber; :aid that the said Lessor may enter and view stale of repair, and
that the said Lessee will repair according to notice in writing reasonable wear and tear
and damage by fire, 141111Iing and tempest only excepted; and will not assign or sublet
without leave, aid such consent rnay, lee.wlthetanrling the provisions of vection 22 of
Chapter 232 of the Resided statutes of OaturIo 1980. he arbitrarily refused by the Lessor
in his sole and uncontrolled discretion.
AND will not carry on upon the said premises any bueineee that may be deemed a nuisance.
AND that he will 1,•a‘e the premises In gored repair, reasonable wear and tear and damage
by fire, lightning end tempest only excepted.
THE Lessee covenants that he is the sole owner of all goods and chattels that are to be
brought upon the premises, and that they are free from any mortgage, lien or other
charge.
PROVIDED that the Lessee may remove his fixtures if all rent due hereunder has been
paid.
r'tier"Tr rt-' ' see ,.t _e'z tc erCetee r eeteae—usetA4—gee
PROVIDED that, in the event of the destruction or partial destruction of the saki
premises, the Lessor may declare the term hereby granted to be forthwith terminated,
and in such event rent shall be payable up to the time of such destruction or partial
destruction.
PROVIDED also that during the last twn months of the sold term any strnneer or
strangers may inspect the said premises. on any day except Sunday, on producing a
written order to that effect signed by the Leaser.
PROVIDED that the Lessor may place upon the said premises at any time during the said
term a notice that the said premises are for sale, and within two menthe prior to the ter-
mination of the said term may place a notice on the said premises that they are to be let,
and the Lessee agrees that he will not remove such notices, or permit them to he removed.
• I VTr also Cfia itTfla t NtlCvrtstSq' l"ottsff7Tnr i•'Ate
•ss•. •hall be at any time seined or taken in execution or in attachment by a •creditor
if the P• •• or if a writ of execution shall issue against the goods or • Lely of the
Lessee, or if • eseee shall execute any chattel mortgage ur hill of a of any of his
,•Dods or chattels, • the Lessee shall make any assignment fri �t r•Ileneft of creditors,
becoming bankrupt . ..sok et;t shall take the benefit of a Act that may be In force
or bankrupt or insolvent • •rs, or in case the said nines become vacant and so
main for the period of da' , or he used for any other purpose
hen that for which they were let, or :se the -see shall attempt to abandon the said
.remises, or to sell ur dispose of his guy. .. i chattels so that there would nut In the
vent of such kale or disposal be, In th• • No . the Lessor. a suillcient distress on the
.remises for the then accruing rent en the curries oth's rent, together with the rent
.or the three months next a • ring and the taxes fo .e then current year (to be
eckoned on the rate for t ext preceding year In WC the r, ball not have been fixed
or the then current y , shall immediately become due and pay. and the said term
.hall, at the opti.• • the Lessor, forthwith become forfeited and . .tined, and the
•esor may • er and take possession of the said premises an though t• axes was
ulding after the expiration of the said term, and in every of the above c . such
• - . : c u • • hen thereof shall be reeuverable by_114 ae9,C.ip.the aamelnann• . ••
. en ere.): reserved '
PROVIDED that in case of removal by the Lessee of his goods and chattels from the
premises, the Lessor may folluw them for thirty days In the same manner as is provided
for in the Act Respecting Fraudulent and Clandestine Removal of Goods.
SCHEDULE "A"
• To the Lease dated the day of ,
1988 `
Between The Corporation of the Village of Port
Burwell (the Lessoe'c) 345990 Ontario Limited
2- St . Claire Ave, W. , Toronto, Ontario (AtE: A. L,._.,Ialonds )
(Lessor)
•
1 . INSURANCE
The Lessee shall take out and maintain, with
respect to the premises and the Lessees use thereof,
insurance policies of all risk, earthquake, flood
and public liability coverages up to sGch limits
as the Lessorrmay from time to time reasonably determine
• and will provide certified copies of such policies
to the Lessor.
2. INDEMNIFICATION BY LESSEE
The Lessee shall indemnify and save harmless
the Lessor from any and all liabilities, damages,
costs, claims, suits or actions growing out of :
(a) any breach, violation or non-performance
of any covenant, condition or agreement in this
lease set forth and contained on the part of
110 the Lessees to he fulfilled, kept, observed
and performed, and
(b) any damage to property howsoever occasioned
by the use and occupation of the Demised Premises
and Complex or of the buildings, structures,
improvements, fixtures, equipment, machinery
and facilities comprised therein and any injury
to any person or persons, including death resulting
at any time therefrom, occurring in or about
the Demised Premises and Complex or any building,
• structure, improvement, fixture, equipment,
machinery or facility comprised therein and
arising from or occasioned by any cause whatsoever,
Schedule "A" - PAge 2.
and such indemnification in respect of any such
411 breach, violation or non-performance, damage to
property, injury or death occurring during the Term
shall survive the termination of this Lease, anything
in this Lease to the contrary notwithstanding.
If the Lessor shall be made party to any litigation
commecned by or against the Lessees, then, unless
in such litigation or otherwise it shall be established
that the Lessor was solely at fault, the Lessees
shall protect, indemnify and hold the Leaao: haimles
and shall pay all costs, expenses, and reasonable
legal fees incurred or paid by the Lessor in connection
• with such litigation. The Lessees shall also pay
all posts ;xpenses and legal fees (on a solicitor
and his client basis) that may be incurred or paid
by the Lessor in enforcing the terms, covenants
and conditions in this Lease.
3. TERMINATION
This Lease may be terminated prior to the expiry
of the terms by either party by the giving of Thirty
( 30) days written notice, effective on the date
410 delivered, at the following addresses:
Lessee : Village of Port Burwell ,
P.O. Box 10
Pitt Street i Erieus Street,
Port Burwell, Ontario.
NOJ 1T0
Lessor : 345990 Ontario Limited
2 St . Claire Avenue, West
Suite 1000
Toronto, Ontario
Att : Mr. M. Simmons
0
V/ /fa G 0F • �orT 8LrWCLL Harbour L 11Js
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0�^ / ,32. RCS 209 -f
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Fo ,nson S
CORPORATION CF THE
VILLAGE OF PORT BURWELL
• BY-LAW a?-2.1
•
A By-law to prttubZit parking on certain roads
in the Village of Port Burwell.
WHEREAS: The Council of the Corporation of the Village
of Port Burwell deems it necessary to prohibit the
parking of motor vehicles on certain highways
in the Village.
AND WHEREAS: The Corporation of the Village of Port Burwell
has erected or plans to erect "No Parking"
signs on the road allowances as defined in
i Schedule A attached to and forming part of
this By-law.
THEREFORE: The Council of the Coporation of the Village
of Port Burwell enacts as follows:
Interpretation
1. In this by-law
(a) "highway" includes a common and
public highway, road, street, avenue, parkway
or bridge, designed and intended for, or used
by, the general public for the passage of
vehicles.
(b) "park or parking", when prohibited, means
the standing of a vehicle, whether occupied or not,
except when standing temporarily for the purpose
of and while engaged in loading merchandise of
passengers.
(c) "vehicle" includes an automobile, truck,
motorcycle, motor assisted bicycle, trailer and
any vehicle drawn, propelled or driven by any
kind cf power.
No Parkins
2. Where appropriate no parking signs have been
erected and are on display no person shall park a
vehicle on, at the side of and within the limits
of any highway set out in columns 1, 2 and 3 of
1001110 Schedule A to this By-law during the times set
out in column 4 of the said schedule.
Enforcement -
3. The By-law Enforcerent Officer or Officers
duly appointed by the Corporation of the Village
of Fort Burwell shall enforce the provisions of this
By-law.
4. An officer appointed for the carrying out
of the provisions of this By-law, upon discovery
of any vehicle parked or standing in contravention
of this by-law, may cause it to be moved or taken
to and placed or stored in a suitable place and
all costs and charges for removing care and storage
thereof, if any, are a lien upon the vehicle which
may be enforced in the manner provided under the
Mechanic's Lien Act.
Penalties
5. Every person who contravenes any of the_
provisions of this'by-law is guilty of an offense
and a summary conviction is liable to a fine .of
not less than, $ lu"° and not more than 5.25'cC
Volunt Tivmen't of 'Parkinr, Penaltie_
6, lNotwithstanding all other provisions of this
By-law in respect to penalties for violation of
the provisions of this By-law, any person may, upon
SCHEDULE "A" TO BYLAW 89-21
COLUMN I COLUMN 2 COLUMN 3 COLUMN 4
STREET SIDE. OR SIDES FROM TO PERIOD
8 ,-4 -m
• N 2
ERIEUS NORTH AND SOUTH ROBINSON VICTORIA ANYTIME
tr" go
o.
• m > >,: c, v) 0 0 .-+ VICTORIA EAST AND WEST ERIEUS ,40 METERS SOUTH OF ERIEUS ANYTIME
4 r-) O .c .�
oft
4) �W .N O a, • N J +3 w
PITT NORTH AND SOUTH VICTORIA ELIZABETH ANYTIME
O u 0 0 .�
u)• t. v� L. 4
Cl)11 a Cl))) :' � 0.X
c5j `° 1 ti 1 Al a(413 et
t: c :° moo O
00 c, 30 A01C >,
•.4 W 0 '0 .J L Q.
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lb u 00.1 A.5 -.i lo.
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Oi.. ••-i a.)-C 0 0I. 00 O 0
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ct1 .H G) b c0..) 0 C 0 .0 G) dl H
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to
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1 M
•
THE MUNICIPALITY OF VILLAGE OF PORT BURWELL
li 81 /..., , 8f ZI eein • 6 /.w.✓ Te resfr,c.'� fmrk►'" 1 B /I
y � . r
Er ti.Is sT Fro»+ v►c'1or►A 70
Rob;gsor, oast �or cM
/. "
Pow*►...r- of. ' Gooe"a ST. c•-va •^ / e Mr r"S v C Ii ' ST
Meeting y. t3
,19. 8.9
gr ( a v ..1 be-r- eq-1-1 att.',
u 67444/ rb r•shaLt
k►
I
and that Bylaw presented herewith be read a first time.
By-law read a _.___-_ time
Moved By _ _ . .... . i /..' .
8#4..-
That By-law now read a first time be read a
second time forthwith.
Seconded By .__.___. . ..—/C'..!-.'.1—"_______.---._-_._.._.
By-law read a - __. limeCl 0,.44v\ 1-4 ;L
Moved By _ =• .71 i it** – –
// /1 /
That By-law now read a second time be read
!/ a third time forthwith.
-
Seconded By - -!-__....... - -- - - --
411 By-law read a ._S..C. .D_SL-__._.time r , e� 0,11111v_e eti
Moved By ._---_ ...li. "---5- _'.:
That By-law now read a third time do pass,
be engrossed by the Clerk, and signed and
Seconded By ___._.._.._-_-. _— sealed by the Reeve.
/
allilliP
‘9`.4‘A eA-k- ,L\ 11!L
DF PORT U99
/5:11111
f THE CORPORATION OF THE
.�!ll1141 VILLAGE OF PORT BURWELL
P.O.Box 10.Port Burwell.Ontario NO) ITO
Orkelik; telephone(S 19) 874-4343 • fax(S 19) 874-4948
home page:httpJ/www-kanservu.ca.burwell
#4111gi
POATUS REFUOWM
Memo
Date: August 19, 1996
To: Council
From: D. Free
Re: Inquiry Joyce Farlow& Parking Bylaw 89-21
Council:
I have attached bylaw 89-21 considering the inquiry by Ms. Farlow with regards to the same. The
issue of parking has been previously addressed to Council considering safety, aesthetics and the
degradation of the boulevards by residents.
The attached bylaw indicates that the areas designated are to be "signed" and ticketed for violations.
I would request clarification of Councils position and direction in these matters. Repeal of 89-21
may be an option to consider however, my advice to Council is again to invoke a parking bylaw
towards community clean up and safety. In 95%of the instances parking is available on the private
property of the residents or businesses. The policing of the bylaw can be by staff and the collection
of fines would be by the Provincial Offenses Act. Port Burwell is approaching the final stage of
refinement in the municipal elements which will move the aesthetics of our community forward.
I await Councils decision and direction in this matter.
•
D. Free
Encs
C:\WPWIN60\WPDOCS\M EMOS\PARKG02.M EM
David R.Free,CET,AMCT• /Clerk-Treasurer
THE MUNICIPALITY OF VILLAGE OF PORT BURWELL
13114w ii b9Z1 Bei." 0 171......) TO f•eSfpt.c-r est-4.1.'11 429 41
6-r- ,i.105 ST— Prowl V,c1'or1ek To RotiCSor Ar.0d, 01' ,C+s�rl• ii
Por-*isr,t • F litetoe/a ST. o-i,d I.^ p•n 11 s o I. 1 i 7r ,/
Meeting MO/ ,19. 8.9
gy (4444, 11 0 ot b&r. e4r--2-1 I
7Ci r 444/ /13 teorsc-r
Pibt./Tik,
and that Bylaw presented herewith be read a first time.
By-law read a time
Moved By / /i.S •
^ �.. — That By-law now read a first time be read a
Seconded By /� ...�!''�'''�-µ_._._.�-_-___.. second time forthwith.
By-law read a CA._t-L time .C.o,-,y el 146 Reece Q-
J
Moved By ...__ s --- -- .741
/ That By-law now read a second time be read
—
Seconded By .__ li. -_ ! '- �oe a third time forthwith.
By-law read a ._-Sa.CC.r �_..time r _ Y • � u 0&1411
Moved By .--....C.1,1- --__C-...44-c--4-
----
// That By-law now read a third time do pass,
,( be engrossed by the Clerk, and signed and
Seconded By . I sealed by the Reeve.
CORPORATION CF THE
VILLAGE OF PORT QBiR'nELL
BY-LA's
A By-law to mtuhii parking on certain roads
in the Village of Port Burwell.
WHEREAS: r The Council of the Corporation of the Village
of Port Burwell deems it necessary to prohibit the
parking of motor vehicles on certain highways
in the Village.
AND WHEREAS: The Corporation of the Village of Port, Burwell
has erected or plans to erect "No Farking"
signs on the road allowances as defined in
Schedule A attached to and forming part of
this By-law.
THEREFORE: The Council of the Coporation of the Village
of Port Burwell enacts as follows:
Interpretation
1. In this by-law
a) "highway" includes a common and
public highway, road, street, avenue, parkway
or bridge, designed and intended for, or used
by, the general public for the passage of
vehicles.
(b) "park or parking", when prohibited, means
the standing of a vehicle, whether occupied or not,
except when standing temporarily for the purpose
of and while engaged in loading merchandise of
passengers.
(c) "vehicle" includes an automobile, truck,
motorcycle, motor assisted bicycle, trailer and
any vehicle drawn, propelled or driven by any
kind cf power.
No Parking
2. Where appropriate no parking signs have teen
erected and are on display no person shall park a
vehicle on, at the side of and within the limits
of any highway set out in columns 1, 2 and 3 of
Schedule A to this By-law during the tines set
out in column 4 of the said schedule.
Enforcement -
3. The By-law Enforcement Officer or officers
duly appointed by the Corporation of the Village
of Fort Burwell shall enforce the provisions of this
By-law.
4. An officer appointed for the carrying out
of the provisions of this By-law, upon discovery
of any vehicle parked or standing in contravention
of this by-law, may cause it to be moved or taken
to and placed or stored in a suitable place and
all costs and charges for removing care and storage
thereof, if any, are a lien upon the vehicle which
may be enforced in the manner provided under the
Mechanic's Lien Act.
Penalties
5. Every persori,_who contravenes any of the._
provisions of 'this by-law is guilty of an offense
and a stmmaryconviction`ts liable to a fine of
not less thar►.i 1o"'and not more than $.25'«
Volunt,Par meat of Parkinr Penaltic:
6. Notwithstanding all other provisions of this
By-law in respect to penalties for viaolatipn.of .
the provisions of this •By-law, arty person may, upon
pue 1xa)Jo sears uo 1!>;1ap aloes sapinold lasted abed MaN
SCHEDULE "A" TO BYLAW 89-21
COLUMN 1 COLUMN 2 COLUMN 3 COLUMN 4
STREET SIDE OR SIDES FROM TO PERIOD
'°
8r, b
1wm-. x ERIEUS NORTH AND SOUTH ROBINSON VICTORIA ANYTIME
-4z.4400 J .0
chi",o w., � � b
0
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(d) the illumination of loading spaces shall be arranged
so that the light is diverted away from any
Residential , Open Space or Institutional Zone; and
(e) the location of loading spaces shall be restricted to
the rear yard where a lot has access at both the
front and rear to a street or road.
4. 31 PARKING REOUIREMENTS
For every type of building listed below which is erected,
altered or enlarged in any zone after the passing of this
By-law, off-street parking shall be provided and
maintained, in accordance with the following provisions:
Type of Use of Building Minimum Parking Required
Single detached, two (2) family One and one-quarter (1 . 25)
semi-detached, duplex, double parking spaces per dwell-
duplex, triplex and converted ing unit rounded to the
dwellings, dwelling units located next highest whole number.
in commercial buildings, multiple
family, row-house and townhouse
dwellings and dwellings in
apartment buildings
Auditoriums, restaurants, theatres, Where there are fixed
arenas, community centres , private seats, one ( 1 ) parking
clubs, and other places of assembly space for every five
(except where one ( 1 ) or more of ( 5) seats or for every
these uses are located in a 3 .0 metres or part thereof
shopping centre) of bench space. Where
there are no fixed seats,
one (1 ) parking space for
each 9 . 0 square metres of
floor area or part there-
of devoted to public use.
53
parking space for
One p dwelling
Senior
Cit i�n Home every four (4)
units.
one (1) parking space for
Schools each
teaching staff member
plus one (1) additional
parking space for each
20 .0 square metres or
part thereof of auditorium
floor space.
One (1) parking space for
Churches every
ten (10) seats or
6.0 metres of bench space
or part thereof of its
maximum seating capacity.
A minimum of ten (10)
parking spaces aces or one ( 1)
Libraries per
parkingspace
28 .0 square metres, or
part thereof ,
of building
floor space , whichever is
greater .
One ( 1) parking space per
Hotel
taverns and plus one ( 1)
staffs , motels , rental unit, space
additional parking P
staff houses
for each 9 .0 square metres
of floor area or part
thereof devoted
to public
uses , such as restaurants ,
taverns and other eating
places associated with
hotels , motels , taverns
and staff houses .
54
Bed and Breakfast Lodging,
One (1 ) parking space for
Boarding house, rooming
house and tourist home every room or suite
— of rooms which may be
offered for rent.
Industrial uses
One (1) parking space for
each 93 .0 square metres
of floor area or part
thereof or for each five
(5) employees, whichever
is greater.
Retail or Service Stores
One (1 ) parking space per
28.0 square metres of
retail floor area or part
thereof in a C3 Zone.
One (1 ) parking space per
20.0 square metres of
retail floor area or part
thereof in Cl and C2
Zones.
Home Occupation, Home
One (1 ) off-street parking
Profession or Home Industry
space for each 28 .0 square
metres or part thereof of
floor area devoted to said
use in addition to that
required for the dwelling.
Group Homes Residences
One and one quarter (1 . 25)
parking spaces per
receiving family and/or
one (1 ) parking space for
each staff on duty at any
time, plus one (1 ) parking
space for each two (2)
beds or each 37 . 0 square
metres of floor area or
55
part thereof , whiohever is
the greater.
Offices One (1 ) off-street parking
space for each 35 .0 square
metres or part thereof of
gross floor area.
Marina One (1) parking space for
every two ( 2 ) slips.
4.32 DRIVEWAY REGULATION WHERE A DRIVEWAY
IS REQUIRED TO SERVE A RESIDENTIAL USE
The maximum width of a driveway, measured along the
sidewalk, where such exists or along the street line,
shall be 9. 0 metres.
The minimum distance between a driveway and an
intersection of street lines measured along the street
line intersection by such driveway shall be 9. 0 metres.
The minimum distance between an interior side lot line and
any driveway, with the exception of a mutual or common
driveway, shall be 1 .0 metre.
The interior angle formed between the street line and the
centre line of any driveway shall not be less than forty-
five degrees (45. ) .
4 . 33 STANDARDS FOR PARKING AREAS
Where in this By-law, parking areas are required or
permitted, all drainage, surfacing and illumination shall
be done in accordance with the requirements of the
Municipality.
56
111/
VILLAGE OF PORT BURWELL
BY-LAW 89-22
Being a Bylaw to rescind a bylaw
appointing a Clerk/Treasurer
Tax Collector.
WHEREAS the Council of The Corporation of The Village of Port
Burwell deems it expedient to rescind a previous Clerk-Treasurer
bylaw.
THEREFORE the Council of The Village of Port Burwell enacts as
follows .
THAT by-law 85-30 is hereby rescinded.
f
MOVED BY /gir �, , i�i'•% SE • DED BY `,,'l v (/
DATEau oyt 4
CARRIED REEVE ` A4 _ _AY,+
That by-Law 89-22 be read a first time . Read and carried .
MOVED BY [2i 5 --V_— SECONDED BY iIy, / .i ,i / DATE //C '{
CARRIED REEVE .,{ SAIL_--
THAT by-law 89-22 be read a second time . Read and Carried.
MOVED BY td / 41 • • : D BY (Ogd. L- DATE auctfq t
CARRIED REEV'' t.td, ,11/t'I
• THAT by-law 89-22 be read a third time. Reading dispensed with ,
finally passed.
Reeve Cin dl n cting Cler 'reasurer
Marlene Taylor.
•
VILLAGE OF PORT BURWELL
BY-LAW 89-23
Being a by-law to appoint a
Acting Clerk/Treasurer and
Tax Collector for the Village
of Port Burwell
Council of the Village of Port Burwell enacts as follows ;
Marlene Taylor is hereby appointed Acting Clerk/Treasurer and Tax
Collector for the Village of Port Burwell .
That she perform such duties as are prescribed by law and as
required by Council .
This by-law comes into effect as of July 24 , 1989 .
MOVED BY s / - .CONDED BY /L� - DATE %4.r 1 S(r(
X.
. CARRIED REEVE _ �a,.
That by-law 89- be ;ad a first time . Read and carried .
if/
MOVED BYE/&. ONDED r i,„ / i BATE �► „�fr c(.
• CARRIED REEVE . ce.
That by-law 89-23 be -ad a second time--'7an• 0: , ied .
MOVED BY / ��..ECONDED BY �:_, J/ ' / DATE /� cf
4r11
CARRIED REEVE IgI, i_ ♦ ;rI
That by-law 89-23 be '' -ad a third time. Reading dispensed with ,
finally passed.
6S)
e4ai
Reeve CinA- Allin Acting Cler / easurer
Marlene Taylc'lr
S
•
r -
Village of Port Burwell
•
BY-LAW NUMBER 89-24
Being a by-law to set remuneration
of the Reeve and Council and to
provide for the paying of expenses
WHEREAS the Municipal Act, R.S .O. , 1980, Section 238 permits
Council to pass a by-law for paying or remuneration to a member
of Council and such remuneration may be determined i.-, any manner
that Council considers advisable.
AND WHEREAS Section 239 of the said Act permits Council to pass a
by-law for set maximum amounts or rates that may be paid in
respect to expenses .
THEREFORE Council enacts that the following rates of remuneration
be paid ;
To Whom For Which Amount Amount
Reeve Two regular meetings/mth 80. 00/meet
as set by by-law
Reeve Special meeting 80 . 00/meet $40 . 00/meet
over 2 1/2 hours under 2 1/2
hours
Councillor Two regular meetings/mth 70 . 00/meet
as set by by-law
Councillor Special meetings 70 . 00/meet, $35 .00/meet
over 2 1/2 hours under 2 1/2
hours
Reeve & Convention attendance determined
Council resolution
NOTWITHSTANDING the foregoing , if attendance by the Reeve or a
Councillor at a meeting requires time off work , remuneration shall be
on the basis of a full meeting regardless of the actual time spent in
attendance at the meeting.
AND FURTHER MORE; to be paid for a regular or special meeting the Reeve
and Council must be in attendance at the meeting. A "special meeting"
is defined as .a meeting of Council other than a regular meeting , called
pursuant to section 57 , subsection 2 of the Municipal Act .
AND FURTHER MORE ; expenses incurred by a member of Council while
attending such conferences , courses , conventions or other functions as
are approved by resolution of Council shall be reimbursed in amounts
and at such times as Council may by resolution determine.
AND FURTHERMORE; automobile expenses incurred by members of Council ,
officers and servants of the municipality as a result of their acting
either within or outside the Municipality as members of Council ,
Officers or Servants shall be repaid at the rate of $0 . 25 per km
.
•
•
• -
travelled .
AND FURTHER MORE ; be it enacted that while on the Municipalities
business that a meal allowance be provided to be no more than $30. 00
for each 24 hour period providing that the time on business has been
more than 12 hours . A proper invoice must, be provided to the
Treasurer
Meal Schedule
Time on Village business Allowance
2 to 4 hours 5 .00
2 to 8 hours but more than 4 hours 10 .00
2 to 12 hours but more than 8 hours 30 .00
411 This by- law comes into effect on date of passing .
This by-law replaces by-law number 89-14 dealing with Reeve and Council
remuneration.
• A.
MOVED BY %/, /i//rfr SECONDED BY �-' GATE Cf
CARRIED %
OrKIS ' c• c
That by-law :9be read a first time . Read and carried
MOVED BY SECONDED BY _..cig '7(.__,_DATE /
CARRIED %kaL Ric t
That by-law 89 ; :e i-a• : = -cond time . Read and dispensed with .
1,
MOVED BY ! ' / r SECONDED BY a ^'1ATE ! I $ �(
CARRIED AklAr.
Rces,x- •
That by-law 89- I be read a third time. Reading dispensed with ,
• finally passed. 4 '
Reeve Cindy in A. ing Clerk/T "surer
Marlene Taylt
111
i l9w itrfl t n9. lo 9 f.1it`�T
0
•
•
•
•
ecoded ude c 4eJ rev bti
/s4- r e•J i ne. b 0
_ / ccZS_ a.s
pice✓ /0. //at flit
c5u. 11(91,26
4c1 hli;
olnJ r in •
ileoL_s JUt a-S
fillett 4rei •To en lUeS •
01 Lacs IQ-1 1` .
3 I f
c�S Ver.).-S
l
IL�.v v �a iV !L.
Ali(4._ Spy� w
Tom ( sk
e`nd
110 VILLAGE OF PORT BURWELL
BY-LAW 89-25 7
Being a Bylaw to rescind a bylaw
appointing a Clerk/Treasurer • •
Tax Collector.
WHEREAS the Council of The Corporation of The Village of Port
Burwell deems it expedient to rescind a previous Clerk-Treasurer
bylaw.
THEREFORE the Council of The Village of Port Burwell enacts as
follows.
THAT by-law 89-23 is hereby rescinded.
MOVED BY -lir / /add:; add; S CONDED B zP )% __ DATELICII%/ �{
CARRIED REEVE Nip
That by-Law 89-25 be read a first time. Read and carried.
MOVED BY , Awo,i� ' ECONDED BY l��¢,, ��.- DATE �{
CARRIED REEVE ►'���
4
THAT by-law 89-25 be read a second time. Read and Carred.
MOVED BY Cr-1 oNDED BY .%/„ , /, 4,6, DAT gC(
CARRIED REEVE
THAT by-law 89-25 be read a third time. Reading dispensed with,
finally passed.
4111016.
vok 411K
Reeve in , Allin • erIrTreasurer •
James G. Timlin
the Corporation of the Village of Port Burwell •
By-Law No. 89-26
Being a by-law to appoint a Clerk-Treasurer .
WHEREAS The Municipal Act provides that. the Council shall appoint,
a Clerk and a Treasurer who shall perform the duties of the Clerk
and Treasurer of the Municipality under The Municipal Act and
other Acts of Legislation .
NOW THEREFORE the Council of the Corporation of the Village of
Port Burwell enacts as follows :
1 . That. James G. Timlin be and is hereby appointed Clerk and
Treasurer for The Corporation of the Village of Port Burwell .
2 . That James G. Timlin shall perform all the duties required to
be performed by Clerks and' Treasurers under any statutory
authority and any other duties that may be imposed by the
Council .
410
3 . That James G. Timlin shall hold office during the pleasure
and subject to the by-laws of the Council , and shall be paid
such remuneration as Council shall from time to time
determine.
4 . That James G. Timlin is on a six month probation period
starting Monday, August 28 , 1989 at 9 : 00 a.m.
5 . That the salary of the Clerk and Treasurer be payment in full
for all services required of him and all fees or emoluments
of any kind accruing to him by virtue of any Act , Regulation
• or By-law, shall be paid to the Corporation of the Village of
Port. Burwell and be credited to the General funds of the
Corporation of the Village of Port Burwell .
6 . That all by-laws not consistent with this by-law be and are
hereby repealed .
MOVED BY 2144557,
SECONDED BY4W:11,11
CARRIED REEVE / 01101113..b.1[ 9216G
THAT by-law 89-26 be read a first time. Read and a r r i <d .
MOVED BY C10Sir;tA' - SECONDED BY /Ir i . ALA
CARRIED REEVF. , "•
THAT by-law 89-26 be read a second time. Read and Carried .
•
• . •
likMOVED � , .BY t- SECONDED B );406—
CARRIED REEVE Wrar 0,44,Qygc(
THAT by-law 89-26 be read a third time. Reading dispensed with,
finally passed.
efiCWIP
\\*Ii fil*
REEVE ERK TREASURER
Cindy Allin James G. Timlin
•
•
100
•